2023

Faegre Drinker Serving as a Lead Counsel to Defendants in Flint Water Crisis Litigation

United States - Michigan

Our firm serves as lead counsel on behalf of all defendants in the Genesee County Court litigation related to the Flint water crisis. The Flint water crisis began in 2014 when the drinking water source for the city of Flint, Michigan was changed to the Flint River. Plaintiffs’ allege that due to insufficient water treatment, over 100,000 residents were potentially exposed to high levels of lead in the drinking water.

Our firm also acts in a lead role with respect to all cases filed in federal court in Michigan relating to the tragedy. There have been more than 500 cases filed involving thousands of plaintiffs and dozens of class actions seeking certification on behalf of 100,000 plaintiffs from Flint, Michigan. These cases include numerous complex issues including causes of action for personal injury, property damage, wrongful death, 1983 violations, conspiracy and RICO.

Our firm has been involved in determinations by various courts relating to dismissal of many of the governmental defendants (and immunity protection decisions), the Michigan Attorney General’s dismissal of criminal charges, case management orders, and selection of bellwether trials.

In 2022, our firm tried the first bellwether cases in federal district court in Ann Arbor Michigan. After more than six months of trial, the jury could not reach a verdict and the court declared a mistrial. There was no liability or damage finding against our client. Following trial, we were able to resolve not only the claims of the plaintiffs in that bellwether case, but also in 2023 negotiated the global settlement of all other class action and personal injury claims against our client. Final court approval of the settlement is expected in March 2024, which will bring these lawsuits to an end after more than eight years of litigation. The trials, litigation, and settlements have received significant national news attention in the United States.

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