Ongoing Litigation Update
Important Updates for Flint Families
Notice of Pendency of Class Action
The lawsuit filed before Judge Levy in 2016 included 2 engineering companies, LAN and VNA, who advised the State of MI and the City of Flint in 2014. These two companies are not a part of the Settlement reached with the State of Michigan in August 2020.
Your Flint Water Crisis Class Counsel Team has asked Judge Levy to certify the case we are bringing as a Class Action. On August 31, 2021, Judge Levy certified an Issue Class.
You might have also received a court-approved Notice, called “A Notice of Pendency of Class Action,” advising all Class Members about the Court's decision to certify an Issue Class. If you have questions about the Issue Class, you can refer to that Notice for additional information.
If you are a member of the Issue Class and would like to continue to participate as a class member, there is no action for you to take at this moment. You do not need to hire an attorney to continue to participate in the Issue Class case against VNA and LAN. If you have additional questions about your rights and options regarding the Issue Class, you can go to https://flintwaterissueclass.com.
Judge Levy appointed the Flint Water Crisis Class Counsel Team to represent you as your attorneys in the case against LAN and VNA. We are currently preparing to go to trial against LAN and VNA on behalf of the Class. Thank you for your continued patience as this process plays out through the judicial system.
Flint Water Crisis Class Action Litigation Continues Against Water Engineering Firms
Non-Affiliated Bellwether Trial Ends in Mistrial
August 12, 2022
DETROIT –Yesterday, a federal judge in Michigan declared a mistrial in the first Flint bellwether trial in Walters, et al. v. Flint et al. (No. 5:17-cv-10164). The trial focused on the two remaining defendants, both private engineering firms, who were actively involved in the Flint water crisis.
Simultaneously, the certified class action, In re Flint Water Cases (No. 16-cv-10444), which is being litigated by court-appointed Co-Lead Class Counsel, Theodore J. Leopold of Cohen Milstein Sellers & Toll PLLC and Michael Pitt of Pitt McGehee Palmer Bonanni & Rivers, PC, before the same judge, the Honorable Judge Judith E. Levy, and against the same two private engineering firms, Veolia North America (VNA) and Lockwood, Andrews & Newnam (LAN), continues to move forward to trial, which is currently scheduled for October 2023.
“Yesterday’s mistrial in a six-month trial was very unfortunate for the individual plaintiffs involved. However, the mistrial will not impact our upcoming certified class action trial. While the cases do share some similar issues, there are many different questions that we will be presenting to a jury that were not addressed in the bellwether trial. Also, if conversations that took place with jurors after the declared mistrial are true, seven of the eight jurors were in favor of holding LAN and VNA responsible for actions, in particular professional negligence.” said Ted Leopold, co-lead class counsel at Cohen Milstein.
In re Flint Water Cases, was granted final approval of a landmark settlement against the State of Michigan for $625.25 million on November 10, 2021 by the same court. The litigation and settlement, also overseen by Leopold and Pitt, will go to benefit those residents of Flint who were impacted by the contaminated water and who are already proceeding through the Settlement Claims process. Eighty percent of the funds will go to those individuals who were under the age of 18 at the time of the crisis, with a large majority of that amount to be paid for claims of children aged 6 and younger. The remaining funds will go to special education services in Genesee County, adults, business owners and property owners for property damage.
For more information on In re Flint Water Cases, please visit the official Flint Water Justice website.