by Alex Brooks
The law firms of Faraci Lange LLP and Weitz & Luxenberg P.C. have been appointed co-lead counsel in a class action lawsuit involving the contamination of the Hoosick Falls drinking water supply with perfluorooctanoic acid (PFOA).
[private]Judge Daniel Stewart of the U.S. District Court for the Northern District of New York issued an order on July 27 appointing Faraci Lange and Weitz & Luxenberg as co-lead interim class counsel. Faraci Lange attorneys Stephen Schwarz and Hadley Matarazzo, as well as Robin Greenwald, William Walsh, and James Bilsborrow at Weitz & Luxenberg, will represent the plaintiffs and putative class as co-lead counsel.
Plaintiffs claim that drinking water contaminated with PFOA has caused cancer and several other serious health issues, as well as area property devaluations. Plaintiffs are seeking the establishment of a medical monitoring program for early diagnosis and treatment of future illnesses of affected residents and compensation for residents whose properties have lost value because of the water contamination.
The order consolidated four separate class action claims, all against the same two defendants, Saint Gobain and Honeywell, brought by seven law firms, into one case to be argued by the Faraci Lange/Weitz and Luxenberg team.
The judge said the request to consolidate the four cases is “warranted and appropriate” because the named defendants in all four cases are the same, and the cases “arise out of the same common nucleus of fact and involve common questions of law.”
The first case was filed on February 24, 2016 by Weitz & Luxenberg on behalf of plaintiffs Michele Baker, Angela Corbett, and Daniel Schuttig (and all others similarly situated) making claims on behalf of two subclasses, those on the municipal water system, and those with private wells.
On March 10, a second case was commenced by the firm of Finkelstein, Blankinship, Frei-Pierson & Garber on behalf of plaintiffs Lisa Tifft and Marilyn Peckham and others similarly situated, who have consumed contaminated water or owned real property which was devalued by the contaminated water.
On April 6 the third case was filed by Faraci Lang on behalf of Michael Hickey and his infant child and all others similarly situated. Two other law firms, Chaffin Lahana and Williams Cuker Berezofsky, were listed as counsel on that complaint, but the judge noted “it appears that Faraci Lange, LLP is proceeding as the lead counsel for that action.”
The fourth of these cases was initiated on April 26 by attorneys Powers & Santola and Napoli Shkolnik on behalf of plaintiffs Bryan and Kary Schrom.
The judge received several competing proposals for who would be the lead attorneys for all of these cases, and a hearing was held on June 10 to deal with the issue of consolidating these lawsuits and appointing the lead attorneys. The judge urged all the attorneys to communicate among themselves and work out an effective leadership structure. Discussions were held, but no consensus was reached, so it was necessary for the judge to appoint the lead attorneys.
In doing so, the judge said he took into consideration “the candidates’ qualifications and competence, their ability to fairly represent diverse interests, and their ability “to command the respect of their colleagues and work cooperatively with opposing counsel and the court.” Ultimately, he said, the court’s task in deciding these motions is “to protect the interests of the plaintiffs, not their lawyers.”
The judge noted that the two law firms chosen have been actively involved in identifying and investigating potential claims from the contamination in Hoosick Falls since the earliest possible stage, conducting meetings, advising residents, and consulting with experts. At the time they filed their motion to consolidate and be appointed lead interim class counsel, the Weitz-Faraci group had met with over 1,000 residents and had been retained by over 500 clients. That group of clients had increased to approximately 700 at the time of the Court’s initial hearing in June.
He also noted, “There appears to be no question that the attorneys and law firms that are vying for the position of interim lead counsel are extremely well qualified for that role. The submissions received by the Court to date, and the presentations made, have been top-notch, and speak to an extraordinarily high level of competence. Thus, the Court is faced with a series of good alternatives.”
In its order, the U. S. District Court stated, “…there is no question that the Weitz-Faraci Group has been retained by the largest number of clients in this matter, has worked closely with the community and public officials, has the financial resources to effectively prosecute the matter, and was the first to file a lawsuit. Of even more significance to the Court, however, is the work of the Weitz and Faraci law firms in previous groundwater contamination cases in Broome County and Monroe County New York.”
The judge said the Court’s expectation is that Co-Lead Interim Class Counsel will seek out and consider the input of all counsel in progressing this matter towards class certification. When and if a class-action is certified by the assigned United States District Judge, he will no doubt review the status and makeup of class counsel.
Liaison Counsel Also Appointed
The judge said, “while the Court is not adopting a four-firm management group, the Court does believe that appointment of a Liaison Counsel would be helpful and appropriate. On this point, all involved agree that Powers & Santola should act as Liaison Counsel, and the Court adopts that suggestion.”
The judge also noted that any new civil action filed in this District that involves the alleged contamination of water sources in and around Hoosick Falls, New York, with the chemical PFOA will be reviewed by the Court on a case-by-case basis in order to determine, at the time of its filing, whether it should be consolidated into the consolidated civil action.
About The Firms Appointed
Faraci Lange LLP (faraci.com) is a firm of trial lawyers with a more-than-45-year history of representing injury victims in Western New York. The law firm’s attorneys are recognized routinely by their peers as among the nation’s best, with annual recognition in Best Lawyers in America® and Super Lawyers. Faraci Lange has offices in Buffalo, N.Y. and Rochester, N.Y.
Weitz & Luxenberg is a firm of 85 lawyers with offices in New York, Los Angeles, New Jersey, and Philadelphia which has been very successful for three decades representing injury victims nationwide. [/private]