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The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

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By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

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By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

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By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

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Ruling expected in lawsuit over Dow dioxin contamination

By Eartha Jane Melzer | 05.20.11 | 9:56 am

Saginaw County Judge Leopold Borello said Thursday that he is close to issuing an opinion on whether property owners in the dioxin-contaminated Tittabawassee floodplain may sue Dow Chemical as a group.

Henry v. Dow was filed in 2003 and Borrello approved class action status for the suit five years ago but Dow fought that decision all the way to the state Supreme Court, which in 2009 ordered Borello to reexamine his decision.

At the time Teresa Woody, attorney for the plaintiffs, said that she didn’t think it would take long for Borello to verify his earlier decision in view of the new standard developed by the supreme court.

ABC12 reports that Borrello, who is now retired, has promised to issue an opinion within two weeks.

Years of chemical manufacturing at Dow’s Midland facility has resulted in a plume of contamination that reaches from Midland through the Tittabawassee and Saginaw rivers into Lake Huron and covers thousands of acres.

The disputed class action involves property owners in the Saginaw County portion of the 100-year floodplain of the Tittabawassee River.

If Borello approves the class it could involve around 2,000 plaintiffs.

Dow has argued that the property owners should not be treated as a group because their properties have varying levels of contamination.

Comments

  • Neill D varner

    Having once made a dertermination regarding class action status , Judge Borello ( now retired) is unlikely to change his interpretation of circumstances and facts unless he relies on some of the research findings published after his first ruling………the most significant UMDES tends to argue against harm to adult  residents living on the soil  although MDCH’s poster presentation as well as a paper tangential to and by the UMDES team showed completed exposure pathways possible for persons who raise free-range chickens and vegetables, eati ng the eggs and crops grown on contaminated soil…The 2009  ZIP code and Breast ( and Lung ) cancer studies , themselves, suggest “AN INSIGNIFICANT” statistical association between ZIP codes and disease incidence, calling for “further study” so that any inferences taken from those studies relating breast cancer and dioxin exposures are faulty ones,,,moreover, the disease rates were measured BEFORE the soil was analyzed , an order of time normally reversed i n studies where disease outcomes are reflected in measured PRIOR exposures …It is peculiar that persons so critical of perceived deficiencies in the UMDES would cling to such weak evidence as found in the referent Oyana and Dai studies……

    As to Class Action status, being in a member of such a class operates unfavorably for every member of that class should the courts rule in favor of DOW and against the ‘class”…….It will be very interesting to see how this all turns out as one might consider the words written by Greg Iles in “Blood Memory”

         “Facts, are not truth.  Facts are like skeletons dug up long after death; truth is alive; truth is vibrant…to KNOW the truth requires great human understanding: the most difficult of human arts …understanding  requires knowing all things at once, both backward and forward………”