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Enviro-Mich
This Tuesday at 9 am the Michigan
Supreme Court will hear the case of Henry vs Dow.
(Henry v Dow Case 136298 in the Sct)
The Michigan Supreme Court has
chosen to review this case broadly. The case was certified a class by
Saginaw County Circuit Court. See chronology below ----The
ability to certify an environmental class as a remedy in the State of Michigan
may be decided by this case.
The link below will take you to
briefs filed with the court including the Amicus Briefs filed on both sides.
Chronology of events of Henry V Dow ( by Kathy Henry) March 25 2003 class action lawsuit filed in
Saginaw Circuit Court August 20 2003 Saginaw judge allows medical
monitoring to proceed October 3 2003 Dow files emergency appeal to
court of appeals to stay case while reconsidering medical
monitoring October 29
2003 Court of appeals
refuses to hear Dow medical monitoring
appeal December 11
2003
Dow files appeal to Michigan Supreme Court to appeal medical
monitoring June 4 2004 Michigan Supreme court
agrees to hear Dow appeal on medical monitoring, stays property damages/damages
claim until medical monitoring is resolved October 6 2004 Oral arguments heard in
Supreme Court over medical monitoring July 13 2005 Supreme Court rules in
favor of Dow, denying medical monitoring September 15 2005 Class certification
hearing in Saginaw Circuit court October 21 2005 Judge Borrello
certifies class action lawsuit for property
damages/damages December 7 2005 Michigan court of
appeals agrees to hear Dow's appeal of class certification, stays all
proceedings until an answer is rendered March 21 2007 Michigan court of
appeals announces it will hear Dows appeal on May 7
2007 January 25 2008 Court of appeals grants
plaintiffs motion for class action
status April 30 2008 Dow appeals to Michigan
Supreme court to reconsider class action certification in court of appeals and
circuit court November 5 2008 One day after the
elections the Michigan Supreme
Court agrees to hear Dow appeal to deny class action status for Tittabawassee
River residents Michelle Hurd Riddick
Lone Tree Council
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