Michigan's high court addresses class action status of claims versus Dow Chemical
In the next chapter of the on-going battle between residents of the Tittabawassee River basin and Dow Chemical, the Michigan Supreme Court concluded on the last day of July that the plaintiffs did not meet the qualifications for a class action. Residents of the river basin have been seeking redress from Dow over dioxin poisoning for years. In previous rulings, Michigan courts have concluded that they cannot recover for medical monitoring, despite the risks and dangers associated with dioxin pollution.
In the instant ruling, the Court concluded that the proposed class of plaintiffs was too diverse to have their claims considered in a single lawsuit. The major point of diversity identified by the Court in reaching this conclusion was the fact that while some of the potential 2000 landowners were riparian owners bordering the river, other potential class members lived on property well away from the river.