A bellwether trial in the Flint water litigation will begin with jury selection on Tuesday, Feb. 15, 2022, before U.S. District Judge Judith Levy, in Ann Arbor.
The trial in Walters et al. v. Flint et al, case number 17-10164, involves four children who are suing two engineering companies for alleged negligence involved in the Flint water controversy. The children are claiming injuries they say were caused from their exposure to lead in Flint’s drinking water in 2014-15. The companies deny they were negligent and that they are responsible for the plaintiffs’ alleged injuries.
The companies are Veolia North America, LLC, Veolia North America, Inc. and Veolia Water North America Operating Services, LLC (which are referred to as VNA) and Lockwood, Andrews & Newnam, P.C., Lockwood Andrews & Newnam, Inc. and Leo A. Daly Company (which are referred to as LAN). VNA and LAN are not part of the $626.5-million partial settlement in the Flint water case.
The jury trial is expected to last approximately four months and involve testimony from scores of witnesses. It is called a bellwether trial because it could predict how other plaintiffs might fair if they decide to proceed to trial against these defendants.
Trial will be in session most days from 8:30 a.m.–1:30 p.m., Monday through Thursday. Trial will not be in session on Fridays, unless otherwise determined by the court. Ten jurors will be selected to hear the case.
The court will make the proceedings available to the public via Zoom webinar because of limited seating in the Ann Arbor courthouse due to the social distancing requirements caused by the COVID-19 pandemic. Journalists who wish to attend the testimony phase of the trial in person should contact the court’s public information officer at David_Ashenfelter@mied.uscourts.gov.
To register for the live stream, go to the Court’s website at www.mied.uscourts.gov and click on the “Court Calendar” on the lower right side of the screen. On the next page, use the “Jump to Date” option and click on “Go” to get to the calendar for Feb. 15.
Click on “Access Attendance Information.” On the next screen, enter the two numbers in reverse order, check the box indicating you have read and understand the rules against recording, photographing or broadcasting court proceedings, and click on Submit.
The next page will provide you with the access link to get to the proceedings. The proceedings may get underway after 8:30 a.m. if the judge is meeting in chambers with lawyers.
Registration now is available for next week’s court sessions. Everyone must register separately. Do not share Zoom codes with others.
Warning: The court enforces its prohibitions against photographing, recording or broadcasting court proceedings.
For background about the trial, see the Final Joint Pre-Trial Order (Document 673) by clicking here: https://content.govdelivery.com/attachments/USFEDCOURTS/2022/02/10/file_attachments/2073369/Doc%20673%20Joint%20Pre-Trial%20Order.pdf
