Tuesday,
November 08, 2005
JEREMIAH
STETTLER
THE
Dow Chemical Co. can appeal
all it wants, but it won't stop a class-action lawsuit from going forward, a
Chief Circuit Judge Leopold
P. Borrello flatly refused Dow's request to delay a
dioxin-related lawsuit until the company has taken its case before the Michigan
Court of Appeals.
"If a delay is granted
in this case, it is not going to come from this court," Borrello said. "You'll have to get it somewhere
else."
Borrello decided on Oct. 21 that a
class-action lawsuit against Dow can proceed on claims that historic dioxin
releases have devalued riverside properties.
Dow officials believe the
case was wrongly decided. They intend to file an appeal Monday.
In the meantime, the
opposition is preparing for a mass mailing that will reach about 2,000 property
owners now included in the lawsuit. The letters likely will go out this month,
attorneys say.
"This case has been
pending for two years and eight months," attorney Bruce F. Trogan said. "It needs to go forward."
Dow attorneys argued that
it makes no sense to proceed when the case could change course or even sink
with a Court of Appeals ruling.
"While the judge feels
it is important to move forward, it is also important to do things
correctly," said spokesman Scot Wheeler. "We believe this issue needs
to be looked at because it is quite a bit different if you are looking at 2,000
versus a couple hundred plaintiffs."
Borrello's decision came as no surprise to
either party. Even Dow officials said they expected a denial from the judge.
But Dow officials said they
had to ask. Only then could the chemical giant ask the Court of Appeals to stop
the litigation.
Borrello said the case already has dragged
on too long.
"I believe in the old
adage that says, 'Justice delayed is justice denied,"' he said. "When
I think of the last two and a half years, I think it's time for both parties to
move forward." v
Jeremiah Stettler is a staff writer at the Saginaw News. You may
reach him at 776-9685.