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In re Flint Water Cases

In re Flint Water Cases

United States District Court for the Eastern District of Michigan, Southern Division

November 10, 2021, Decided; November 10, 2021, Filed

Case 5:16-CV-10444-JEL-EAS

Opinion

OPINION AND ORDER GRANTING FINAL APPROVAL OF A PARTIAL SETTLEMENT, GRANTING CERTIFICATION OF A SETTLEMENT CLASS, GRANTING APPOINTMENT OF SETTLEMENT CLASS COUNSEL [1794], DENYING OBJECTIONS, AND ADOPTING THE REPORT AND RECOMMENDATION [2006]

Before the Court is a motion for final approval of a partial settlement that provides compensation to tens of thousands of people who were impacted by exposure to lead, legionella, and other contaminants from the City of Flint's municipal water supply system during the events now known as the Flint Water Crisis. The settlement resolves thousands of claims pending in this Court, the Genesee County Circuit Court, and the State of Michigan Court of Claims. The settlement involves both class action and non-class action lawsuits. The portion of the $626.25 million settlement to be paid by the State of Michigan [*34]  is one of the largest settlements in the State's history.1

The settlement reached here is a remarkable achievement for many reasons, not the least of which is that it sets forth a comprehensive compensation program and timeline that is consistent for every qualifying participant, regardless of whether they are members of a class or are non-class individuals represented by their own counsel. For the reasons set forth below, the objections to the settlement are denied, and final approval of the settlement is granted. Plaintiffs' motion for attorney fees will be addressed in a separate opinion and order.

Table of Contents

I. BACKGROUND

 A. The Negotiation Process

 B. The Amended Settlement Agreement ("ASA")

 C. Registration Forms and Objections Received by the March 29,

 2021 Deadline

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2021 U.S. Dist. LEXIS 219356 *; __ F.Supp.3d __; 2021 WL 5237198

In re Flint Water Cases. This Order Relates To: ALL CASES

Subsequent History: Appeal filed, 12/10/2021

Prior History: In re Flint Water Cases, 2021 U.S. Dist. LEXIS 218409, 2021 WL 5990838 ( E.D. Mich., Nov. 9, 2021)

CORE TERMS

settlement, testing, bone, Objectors, Minors, Grid, exposure, Subclass, Notice, Claimants, registration, appointed, final approval, parties, class member, Michigan, negotiations, radiation, hand-held, Unrepresented, Settling, Adults, monetary award, qualify, Plaintiffs', deadline, weighs, next friend, preliminary approval, reasons

Civil Procedure, Settlements, Special Proceedings, Class Actions, Compromise & Settlement, Constitutional Law, Fundamental Rights, Procedural Due Process, Scope of Protection, Certification of Classes, Prerequisites for Class Action, Maintainability, Adequacy of Representation, Class Attorneys, Appointments, Capacity of Parties, Representative Capacity, Guardians, Injunctions, Grounds for Injunctions, Likelihood of Success, Settlements, Settlement Agreements, Validity of Agreements, Fees, Offers of Judgment, Time Limitations, Costs & Attorney Fees, Attorney Fees & Expenses, Reasonable Fees, Remedies, Damages, Compensatory Damages, Evidence, Procedural Matters, Preliminary Questions, Hearings Out of Jury's Presence, Administrative Law, Agency Rulemaking, State Proceedings, Torts, Products Liability, Proof, Notice of Class Action, Content of Notice, Opt Out Provisions, Legal Ethics, Client Relations, Conflicts of Interest