Case Updates
Outcome
June 01, 2017
Click here to view the opinion.
U.S. Chamber urges Michigan Court of Appeals to reject continuing violations doctrine
February 23, 2017
A Michigan appeals court will address whether the “continuing violations” doctrine applies in Michigan. The plaintiffs in the case claim they were injured by elevated dioxin concentrations in the Tittabawassee River floodplain, but they acknowledge that those dioxins had been present in the area at least since 1978—more than two decades before plaintiffs filed suit. The Chamber’s brief urges the court to reject the continuing violations doctrine and hold that plaintiffs’ claims are time-barred.
Brian M. Schwartz of Miller, Canfield, Paddock and Stone, P.L.C. and Matthew S. Hellman of Jenner & Block LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Defendant-Appellant Dow's Opening Brief on Appeal -- Henry v. The Dow Chemical Company (Michigan Court of Appeals).pdf
- Response Brief of Plaintiffs-Appellees on Appeal -- Henry v. The Dow Chemical Company (Michigan Court of Appeals).pdf
- U.S. Chamber Amicus Brief -- Henry v. The Dow Chemical Company (Michigan Court of Appeals).pdf
- Opinion -- Henry v. The Dow Chemical Company (Michigan Court of Appeals).pdf