Basis for appeal disputed

Kathie Marchlewski, Midland Daily News 11/16/2005

The Dow Chemical Co.’s request that a higher court reverse a local decision on class certification for the dioxin-related lawsuit pending against it – and to consider doing it immediately – won’t go without dispute from residents of the Tittabawassee River flood plain seeking damages.

Plaintiffs’ attorneys, ready to move ahead with trial preparations after being granted permission from the Saginaw Circuit Court, say that Dow gave the Michigan Court of Appeals no good reason to put proceedings on hold while it seeks a second opinion.

Furthermore, plaintiffs’ lead attorney Teresa Woody told the court in a Tuesday filing, if there were need for the "emergency," immediate consideration that Dow asked the court to give the case, the company shouldn’t have waited until Monday, the last day it was eligible, to file its 42-page application for leave to appeal.

The company is arguing that if the court does not issue the "stay" on proceedings, both parties will waste resources on trial preparation for a case that might not move forward.

Plaintiffs’ attorneys say that because the case is already more than two years old, any unnecessary delay is "against the interests of justice and the public’s interest in its swift pursuit."

Resources expended in trial preparation will not be wasted even if the higher court overturns the Circuit Court’s decision to certify the class of about 2,000 members, Woody said. If the decision were reversed, individuals would pursue lawsuits separately. Advertisement

©Midland Daily News 2005

Reader Opinions:

Fred Stoll Nov, 16 2005 The only conclusion I can come up with is that Dow feels it doesn't have as strong defense against the plaintiffs allegations, otherwise why does it keep seeking delays. These delays are what are wasting money and keeps increasing the costs.
 

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