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Flint Water Crisis Issues Class Action

NOTICE OF PENDENCY OF CLASS ACTION


This Notice explains the pendency of a class action in the Flint Water Cases. This Notice relates solely to claims against two engineering firms, VNA and LAN, that Plaintiffs allege are liable for injuries suffered as a result of the Flint Water Crisis. The Court certified two issues classes to address nine questions—called Certified Issues—that are necessary for resolution of Plaintiffs' claims. There is no settlement or claims process at this time related to the claims that are the subject of this Notice.

Who is Included?

The issues classes certified by the Court (the "Issues Classes" or "Class") include the following persons and entities:

Multi-Defendant Issues Class (Rule 23(c)(4)): All persons and entities who, for any period of time between February 10, 2015, and October 16, 2015, were exposed to or purchased drinking water supplied by the City of Flint, owned real property in the City of Flint, or owned or operated a business in the City of Flint.

LAN Issues Class (Rule 23(c)(4)): All persons and entities who, for any period of time between April 25, 2014, and October 16, 2015, were exposed to or purchased drinking water supplied by the City of Flint, owned real property in the City of Flint, or owned or operated a business in the City of Flint.

Any person or entity included in either or both of the Issues Classes is referred to here as a "Class member." Some persons or entities may meet this definition but be excluded for other reasons — please read the Long-Form Notice or contact your lawyer if you have one to determine if you qualify.

This is only a summary. The Court has not decided whether either VNA or LAN breached the standard of care for water engineering companies. The Court will address nine Certified Issues as part of the class action. If Plaintiffs succeed on Certified Issues 1-6 and 8-9, then Class members will have the option to file individual lawsuits in which they will have to prove that VNA and/or LAN caused their injuries and they also must prove the nature and amount of their damages before they can receive any award of damages. However, your legal rights are affected, and you have a choice to make now. For additional details, please read the Long-Form Notice.



Your Rights and Options
OPTIONS RESULT
DO NOTHING: Stay in this lawsuit. Await the outcome. Give up certain rights. This option means that you remain part of the Class. You will be bound by the resolution of the nine Certified Issues.
EXCLUDE YOURSELF FROM THE CLASS Get out of the lawsuit. Get no benefits from it. Keep rights. This option allows you to exclude yourself from the Class lawsuit and retain the right to file a separate lawsuit against VNA and/or LAN asserting the claims relating to the allegations in this case within a specified time period. The deadline to exclude yourself from the Class is October 17, 2022. Specific instructions on how to request exclusion are included in the Long-Form Notice.

Current Status of the Lawsuit

The lawsuit is currently pending in the United States District Court for the Eastern District of Michigan before United States District Judge Judith E. Levy. The Class Action is part of the cases referred to as In re Flint Water Cases, under the civil action number 5:16-cv- 10444-JEL-EAS. The Court has not yet determined whether a trial is required in this case. Class Plaintiffs will have to put on evidence at trial regarding the nine Certified Issues. With the exception of Issue 7, Class Plaintiffs need to prevail on every Certified Issue in order for you to have a chance to collect damages. If Class Plaintiffs obtain a favorable verdict on all eight of those Certified Issues, then individual Class members will be entitled to use the jury's verdict to pursue their individual claims in subsequent lawsuits, if they so choose. These subsequent lawsuits would be brought by the individual Class members, and in those lawsuits the individual Class members must prove the remaining elements of their claims against VNA and LAN and also must prove the nature and amount of their damages.

There is also a settlement pending involving the State of Michigan, City of Flint, and other Government Defendants. This Notice does not relate to or affect that settlement.

Want More Information?

You can view a copy of relevant pleadings and Court orders and read a list of Frequently Asked Questions and Answers here. You may also write with questions to the Notice Administrator, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217 or send an email to info@FlintWaterIssueClass.com.