From MIRS A major hurdle for civil federal Flint water crisis suits was cleared today, when the U.S. Court of Appeals for the Sixth Circuit ruled that the claims of constitutional violations brought by the plaintiffs in two major suits are not blocked by measures written into the Safe Drinking Water Act (SDWA). The two suits had originally been dismissed by federal district Judge John Corbett O'MEARA, who ruled mechanisms in the SDWA prevented the plaintiffs from bringing claims of constitutional violations (See "Federal Court Cleaning House In Number Of Flint Suits," 2/7/17). The three-judge federal appellate panel unanimously reversed that determination. "In the context of the SDWA and its text and legislative history, we find that the remedial schemes in the SDWA are not so comprehensive as to demonstrate congressional intent to preclude remedies under 1983 for constitutional violations," federal appellate Judge Jane STRANCH wrote in the opinion, joined by Judges R. Guy COLE and Bernice DONALD. Not all their claims survived, though. The state along with its officials and departments. Michael PITT, an attorney representing the Mays plaintiffs, who was also recently appointed interim colead counsel for all the class-action suits in federal district court, told MIRS the ruling "is really the locomotive now that is going to drive this litigation to a successful conclusion." "The people of Flint have a great victory today and we're proud and happy that the people of Flint are finally going to get some justice out of this situation," Pitt said. Pitt declined to speculate on whether the ruling could mean the state might seek to resolve the case out of court. "There's always the possibility of a settlement and I'm hopeful that this will be an icebreaker," he said. "But we're prepared to litigate this as long and as hard as necessary to get to the result that we anticipate." Read the entire MIRS coverage here.
*Detroit Free Press -- "Flint Residents Seek to Add Gov. Rick Snyder Back to Water Lawsuit"
Michigan Radio/NPR -- "Flint Residents Seek to Add Gov. Snyder as Defendant in Class Action Lawsuit"
*M. Pitt and T. Leopold were quoted by Michigan Radio in its coverage of the announcement regarding amended complaint in Flint water case:
*T. Leopold was cited by MLive in its coverage of the amended complaint announcement regarding reinstatement of Gov Snyder as a defendant
*WOOD/NBC/Grand Rapids -- "Victims Ask Judge to Reinstate Gov. Snyder in Lawsuit"
WWTV/CBS/Traverse City -- "Gov. Snyder May be Reinstated as Defendant in Flint Water Case"
WJRT/ABC 12/Flint -- "Flint Water Victims Seek to Reinstate Gov. Snyder, Senior State Officials as Defendants"
T. Leopold and M. Pitt were quoted in WJRT/ABC 12 coverage of amended complaint filing announcement
M. Pitt was cited in MLive coverage of Genessee County court proceedings involving firm clients severely injured as bystanders in auto accidents related to dangerous, high-speed vehicle pursuits initiated by Michigan State Police officers
The Oakland Press reported on Mike Pitt's selection to Wayne Law's Alumni Wall of Fame
Jennifer Lord was quoted in Detroit News coverage of upcoming oral arguments in UIA class action
FOX 2 Detroit -- Sept. 9 broadcast of FOX 2's "Let it Rip" program with Jennifer Lord as guest panel member/22:33
September 9 broadcast of FOX 2 Detroit's "Let it Rip" program featured Jennifer Lord on the panel, which discussed the aftermath of the Mario Impemba-Rod Allen broadcast booth brawl and public and business repercussions of Nike's...
Megan Bonanni was quoted in State News (MSU campus/community newspaper) coverage of PMP&R's representation of new Nassar survivors
Megan Bonanni was quoted by Michigan Radio/NPR in its coverage of Nassar survivors and the Sept. 10 filing deadline for claims
Bustle.com -- "The Deadline for These Nassar Victimsto File Lawsuits is Approaching -- Here's What That Means"
Megan Bonanni was quoted by Bustle* in a story on the new Nassar victims and September 10 filing deadline
Megan Bonanni was cited by the Detroit Free Press in coverage of new Nassar victims and September 10 deadline for filing civil suits
Megan Bonanni was cited by MLive in its coverage of legal representation for new Nassar victims and pending deadline for filing civil suits
Michael Pitt discusses his social justice background and motivation in an announcement posted by Public Justice on his selection as its president for a one-year term
M. Pitt was cited by MLive in its coverage of August 1 U.S. District Court ruling on Flint class action
Michigan Radio/NPR -- "Flint Water Class Action Lawsuit Moves Forward, but Gov. Snyder Dropped as Defendant"
Michael Pitt and Ted Leopold were cited by Michigan Radio/NPR in its story on Judge Levy's ruling in the Flint class action:
Mike Pitt and Ted Leopold were quoted in WLUC/NBC/Upper Michigan's coverage of the federal court ruling in the Flint Class Action: