News

McGehee Tells Detroit News She Will Appeal Flint Suit Dismissal

Detroit News - February 3, 2017 A federal judge has dismissed a major class-action lawsuit from Flint residents over how the state handled changes in the city's water. U.S. District Judge John Corbett O'Meara dismissed the case involving Flint resident and activist Melissa Mays and several Flint families on Thursday, saying "allowing ... claims to proceed would circumvent the SWDA (Safe Water Drinking Act)." The lawsuit was filed in 2015 against Gov. Rick Snyder, the city of Flint and other state and city officials involved in making the decision to use water from the corrosive Flint River, which caused high lead levels in the water municipal water system. The class-action lawsuit was pursued on "behalf of tens of thousands of residents from Flint who from April 25, 2014 to the present, have experienced and will continue to experience serious personal injury and property damage caused by Defendants' deliberate decision to expose them to the extreme toxicity of water pumped from the Flint River into their homes, schools, hospitals, workplaces and public places," the complaint alleged.   In his opinion, O'Meara wrote that allowing Mays' claims would be "inconsistent with Congress' carefully tailored scheme" to "entrust the regulation of the public drinking water systems to an expert regulatory agency rather than the courts." The plaintiff's attorney, Cary McGehee, said she would appeal the decision to the 6th U.S. Circuit Court of Appeals. The claims made in Mays' case were based on the 14th Amendment, equal protection and substantive due process laws, McGehee said Thursday. "I would say this is a temporary setback. We believe strongly he misapplied the scope of SWDA. Our case is not brought under that Act. We feel we will win on appeal and the case will go forward," McGehee said. You can read the entire article here. Read MLive coverage here.

M. Pitt Cited in MLive Report on Midland Area Couple's Claim Filed Against the Federal Energy Resource Commission in Edenville Dam Collapse

Michael Pitt was quoted in MLive coverage of the claim filed against the Federal Energy Commission by a Midland Couple for property and personal damages caused by flooding after the collapse of the Edenville Dam in May 2020. The firm is representing Dan and Cathy Miller and filed a $1.25 million claim under the Federal Tort Claims Act. Read entire article here.

Midland Daily News -- "Lawsuit Blames State Agencies for Dam Failures"

Mike Pitt, Ted Leopold and Paul Stephen were referenced as plaintiffs' attorneys in a Midland Daily News report on the lawsuit filed June 25 in the Michigan Court of Claims. The coverage notes that the suit's 15 plaintiffs owned property and homes which were damaged or destroyed in the May 19 Midland area flooding caused by the collapse of the Edenville Dam. Read full article here.