Headlines

McCullom Lake Lawsuit Hearing Set

04/03/2008

A U.S. District Court judge has set a June date for a hearing to determine whether to certify the class-action lawsuit over the McCullom Lake brain-cancer cases.

Almost two years after the lawsuit was filed, Judge Gene Pratter in a Tuesday order set aside June 12-13 to hear the motion in a Philadelphia courtroom. The lawsuit alleges that pollution from the Rohm and Haas and Modine Manufacturing Co. plants in neighboring Ringwood is responsible for at least 18 cases of brain cancer and other illnesses, and that the companies are liable for medical monitoring and property-value relief for current and former residents.

Modine tentatively agreed earlier this year to settle the case out of court. The hearing to approve the settlement is scheduled for June 24.

Plaintiff attorney Aaron Freiwald, who filed the class-action lawsuit April 25, 2006, said he was looking forward to presenting his case. He also represents 23 plaintiffs or their next of kin in individual lawsuits in Pennsylvania state court. Rohm and Haas’ world headquarters is in Philadelphia.

"It’s a very complex litigation," Freiwald said. "We’ve done an incredible amount of work to get to this point, and my hope is that after the court certifies the class, having done all this work, we’ll be that much closer to a trial."

Both sides have submitted thousands of pages of expert reports over the past two years. The hearing originally was set for late February, but was delayed when Rohm and Haas in January produced more expert reports as part of a motion to exclude Freiwald’s witnesses.

Freiwald and Rohm and Haas attorney Ralph Wellington filed a joint plan with the court Monday, establishing what they planned to present to the court. Pratter might or might not need both days to hear both sides, both attorneys said.

"What the judge asked counsel to do is figure out what we really want [her] to hear in terms of actual witnesses for this stage, and make it as efficient a proceeding as possible," Wellington said. "It’s pretty typical to ask counsel on both sides to narrow it down with the understanding that the judge is going to read everything that has been submitted."

Modine denies responsibility for any illnesses, but tentatively has agreed to pay $1.4 million toward medical monitoring, $100,000 toward property damage relief, and $500,000 toward court-approved legal fees. The company also settled with the 23 individual plaintiffs for an undisclosed sum.