More people join suit against Dow
Kathie Marchlewski , The Midland Daily News

12/05/2003
The number of plaintiffs in the Tittabawassee River flood plain lawsuit is growing, but their attorney is asking courts to streamline the class-action process.

Plaintiffs are requesting the suit be amended to include the names of 309 people now suing The Dow Chemical Co., but to reduce the number of people required for determining the class action status of the suit.

Dow spokesman Scot Wheeler said the move is "unorthodox" and that attorneys are working on a response that is expected to be filed next week. They are questioning the motive behind the switch and believe it may be an attempt to limit discovery.

If attorney Jan Helder’s request is granted, Saginaw County Circuit Court Judge Leopold Borrello would examine the information of only 26 plaintiffs when he decides class action in February. The group is comprised of those who originally filed the complaint in March.

"The point is: You don’t need to see the detailed information for 179 or 300 people to decide if this should go forward as class action," Helder said.

Other plaintiffs would remain party to the suit individually until it is given class action status. If it is not given the certification, they would sue separately.

Plaintiffs’ revision of suit also includes the addition of the Michigan Department of Environmental Quality’s labeling of flood plain land as "hazardous waste facilities" and asks that four residents listed as parties be removed. Two were found to have property in Midland, not Saginaw County, and two no longer wish to sue Dow.

A hearing on the amendment is scheduled in Borrello’s courtroom on Dec. 15 at 1:30 p.m.
The lawsuit seeks the value of dioxin-contaminated properties in the flood plain, and the monitoring of residents’ health, which may be in jeopardy because of exposure to the toxin.
İMidland Daily News 2003
Reader Opinions
Name: Fred Stoll

Date: Dec, 05 2003 If Dow was the good neighbor, that they want all of us to believe they are, then they would be working toward cleaning up the pollution. They wouldn't be working on ways to avoid cleaning up their mess.

Just because a company is a large employer, does not make that company above the law, nor does it give that company special treatment. Dow won't do the right thing, because doing the right thing would mean spending money. I wonder at what point does the irresponsibility of a company become criminal?

 

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