Posted in Oct/Nov Comotion
On Sept. 12 the lawyers from the Collins Law Firm and Zimmerman Reed (C&ZR) requested that the court certify a class, to make this a class action lawsuit. General Mills’ (GMI) lawyers were present to argue against certifying a class. Judge Donovan Frank indicated that he hoped to rule on the motion in 30-60 days. Mark Thieroff, one of the attorneys working the case, says 30-60 days may be optimistic, but they hope for a ruling by the end of the year.
In March, C&ZR moved to amend its pleadings to include a RCRA (“Rickra”) pleading. RCRA is Resource Conservation and Recovery Act, and this pleading is the one which gives the court authority to order area-wide mitigation/remediation. GMI fought the inclusion of RCRA in the pleadings and was overruled by the judge. RCRA is now part of the suit.
More recently, Judge Frank rejected all of GMI’s arguments for dismissal of the case. These actions are a positive progression of events for the plaintiffs who hope for a reasonable outcome of the suit.Written by Richard Jacobi