September 9, 2024
A Michigan judge said Monday it would be premature to free the state from liability for two dams’ collapse before further discovery, telling government lawyers he would be reversed “in a nanosecond” if he ended the suit so soon.
The state had filed the motion amid the discovery phase of consolidated mass tort and class actions seeking compensation for disastrous flooding as a result of the dam failures, but Michigan Court of Claims Judge James R. Redford rebuffed the state’s timing.
“I respectfully believe that we need to have discovery,” Judge Redford said during a hearing.
The Michigan Department of Environment, Great Lakes and Energy had asked the judge in an Aug. 22 motion to toss the case and save both sides the time and expense of exchanging expert reports, arguing that it was already clear from the available evidence that the state did not cause the dam collapses.
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The plaintiffs are represented by Denenberg Tuffley PLLC, Johnson Law PLC, Dubin Law PLLC, Pitt McGehee Palmer Bonanni & Rivers PC, Fieger Law, Sommers Schwartz PC, The Miller Law Firm PC, Buckfire Law Firm, Cohen Milstein Sellers & Toll PLLC, McAlpine PC, Olsman MacKenzie Peacock & Wallace, Giroux Trial Attorneys PC, The Rasor Law Firm PLLC, Gruel Mills Nims & Pylman PLLC, Behm & Behm, Turfe Law, Cozen O’Connor PC, Stern Law PLLC and Fegan Scott LLC.
Read Judge Won’t End Mich. Dam Flooding Suit Before Discovery.