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Re: E-M:/ Michigan Supreme Court



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Enviro-Mich message from "The Henry's" <gehenry@chartermi.net>
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I was unable to attend but have ordered a DVD of the hearing. I should receive it early next week and will report more details.

I talked to a couple of plaintiffs who went and they said both sides took quite a pounding from the judges, but Dow seemed to receive more. At the beginning, one of the justices said that the case had grown whiskers, and they needed to find a way to move this case more quickly. They seemed to lean towards certification for the property damages, but to bifurcate the negligence-nuisance damages. There was an issue of the definition of the class-100 year floodplain- and Dow was asked how to better define the class but could not produce an answer except to try them all individually.

Keep in mind this is second hand information. I will know more when I see the video, and cannot discuss Attorney-Client conversations.

Kathy
----- Original Message ----- From: "Alex J. Sagady & Associates" <ajs@sagady.com>
To: <enviro-mich@great-lakes.net>
Sent: Wednesday, March 04, 2009 12:07 PM
Subject: E-M:/ Michigan Supreme Court



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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Can anybody who attended oral argument in the Michigan
Supreme Court on the dow case make a post describing what happened and
what kinds of questions the judges asked?


========================================== Alex J. Sagady & Associates http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Expert Witness Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf

657 Spartan Avenue,  East Lansing, MI  48823
(517) 332-6971; ajs@sagady.com
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============================================================== ENVIRO-MICH: Internet List and Forum for Michigan Environmental and Conservation Issues and Michigan-based Citizen Action. Archives at http://www.great-lakes.net/lists/enviro-mich/

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============================================================== ENVIRO-MICH: Internet List and Forum for Michigan Environmental and Conservation Issues and Michigan-based Citizen Action. Archives at http://www.great-lakes.net/lists/enviro-mich/

Postings to:  enviro-mich@great-lakes.net      For info, send email to
majordomo@great-lakes.net  with a one-line message body of  "info enviro-mich"
==============================================================
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
All views and opinions presented above are solely those of the author or
attributed source and do not necessarily reflect those of GLIN or the Great Lakes Commission.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *