Dioxin/Furan Issue Briefs and Motions Filed

• July 28, 2004: Dow's brief filed with the Michigan Supreme Court seeking dismissal of the medical monitoring claim filed by plaintiffs.
  The Michigan Supreme Court has granted Dow's application for immediate appeal of the medical monitoring claim granted by plaintiffs and stayed the ongoing proceedings in the trial court until the issue of medical monitoring is resolved. Currently, there is no authority in Michigan recognizing, and the Court should not create, a new tort of medical monitoring permitting claims for some undefined injury that may or may not develop in the future - and one that may or may not be caused by exposure to something. In this subsequent brief to the Michigan Supreme Court, Dow is asking the Court to directly dismiss, as a matter of law, the plaintiffs' medical monitoring claims. Full text (2.29MB PDF)
  
  
• June 4, 2004: Michigan Supreme Court suspends further action at the trial court level in the class-action lawsuit filed against Dow.
  The Michigan Supreme Court has suspended further action at the trial court level in the class-action lawsuit filed against Dow by some residents of the Tittabawassee River (Henry et al v. Dow), pending an appeal to the Supreme Court of a lower court decision. Full Text (30KB PDF)
  
  
• December 15, 2003: Transcript of the Saginaw County Circuit Court hearing on the plaintiffs' motion to amend their original complaint to add 135 new plaintiffs and designate only 26 plaintiffs to serve as class representatives.
  Dow strongly opposed the motion and the Court did not accept the amended complaint. Judge Borrello told plaintiffs that they could not add the additional 135 plaintiffs at this time and that he was delaying a decision on designating 26 plaintiffs as class representatives until the class certification hearing scheduled for February 24, 2004. Six plaintiffs were dismissed from the suit. The court also ruled that Dow could begin depositions of the original 173 plaintiffs remaining in the suit. Full Text (604KB PDF)
  
  
• December 10, 2003: Dow's appeal to the Michigan Supreme Court seeking dismissal of the medical monitoring claim filed by plaintiffs.
  The Saginaw County Circuit Court had previously denied Dow's request to dismiss this part of the claim and a Michigan appellate court denied Dow's request for an appeal at this point in the litigation process. Dow is asking the Michigan Supreme Court for review because Dow believes medical monitoring as a claim is not recognized by Michigan law and should not be included as part of the lawsuit. Full Text (240KB PDF)
  
  
• December 8, 2003: Dow's motion opposing the Plaintiffs' motion to amend their original complaint.
  The plaintiffs' amended complaint seeks to add more plaintiffs to the lawsuit and designate only 26 individuals to represent the rest of the plaintiffs. Dow takes serious issue with some of the misrepresentations made in the complaint and by the plaintiffs' continued attempts to deny or limit discovery. Full Text (62KB PDF)

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