FBMJ Successful in Dismissal of all claims in Environmental Class Action Case
Foley, Baron, Metzger & Juip PLLC is pleased to report that it has obtained complete dismissal of claims asserted on behalf of a certified class of over 4,000 employees of a large government facility in Pontiac, MI. The class of employees alleged exposure to toxic chemicals and gases including benzene and methylene chloride. The case was filed in 2018 and following remand from the Court of Appeals in 2020, class was certified in 2023. In the 2020 Court of Appeals Opinion – Powell-Murphy et al v Revitalizing Auto Communities Envtl Response Tr., 333 Mich App 234 (2020) – the Firm obtained a ruling establishing strict requirements for general and specific causation in toxic tort cases in the State of Michigan.
Following remand, the Firm worked tirelessly to demonstrate the lack of scientific proof meeting the standard set forth in that published opinion and, in its April 24, 2025, decision, the Oakland County Circuit Court agreed that the standard set by the Court of Appeals had not been met. The Circuit Court found that the class did not present any evidence – neither direct, nor circumstantial – regarding the actual quantity or identity of toxic chemicals and gases to which Plaintiffs were allegedly exposed. Without such evidence, the Court found ‘“it is not possible to determine whether the alleged exposure could have harmed plaintiffs and caused their alleged injuries,’” citing the standard set forth by the Court of Appeals in this case in 2020.
The plaintiffs were seeking damages of over $500 million dollars before the case was dismissed.
FBMJ attorneys Richard Baron and Nicholas Tatro led the defense of the matter and were assisted in the seven-year life of the case by attorneys Matthew McCann and M. Hussein Houjaij. As demonstrated again by securing this important ruling, FBMJ’s Environmental Law Practice Group possesses the expertise, experience and technical knowledge required to handle the most complex environmental issues.