Attorneys for both sides in the waste treatment plant class action lawsuit will be able to have their say after all. An Oct. 4 ruling in U.S. District Court for the Northern District of Georgia gave attorneys the ability to discuss aspects of the case with putative, or supposed, members in the class action case.

The case stems from an inadvertent release of a chemical odorant at the Fairburn plant in late spring. The onion-like odor, according to a state report, is likely to have caused symptoms, including illnesses, reported by hundreds of north Fayette and south Fulton residents in the weeks after the release.

Attorneys for defendants Philip Services Corp. (PSC) and AMVAC Chemical Corp. and those representing plaintiffs, Atlanta law firm Goetz, Allen & Zahler, Allen heard the decision by U.S. District Judge Charles A. Pannell, Jr.

PSC also does business as Georgia Recovery Systems and PSC Recovery Systems. Until the Oct. 4 ruling, attorneys representing the five stated plaintiffs could not have communication with others who called requesting information about the case.

The impasse between the two parties had centered on the plaintiffs seeking an order from the court permitting the parties to contact putative class members while the defendants sought an order to prevent the parties from contacting putative class members.

“In light of (prior litigation including) Jackson, Gulf Oil and the fact that the defendants have not presented any factual evidence showing that imminent and irreparable injury of the type complained of in their brief is likely to occur absent an order limiting communications, the court will allow the parties and their counsel to speak freely about this lawsuit with any potential class member who initiates contact with them. The court will also allow the parties and their counsel to initiate contact with putative class members as long as the contact is not widespread and is not made for the purpose of encouraging or discouraging this lawsuit,” Pannell said.

The court ruled that neither party may initiate any mass communication with potential class members. The court did allow defendants to set up a toll-free number to answer questions about the facts relating to the incident and the ensuing investigation.

Additionally, the court did not limit in any manner the parties’ right to speak with the media on the substance of the lawsuit as long as no attempts are made to overtly solicit participation or non-participation by potential class members.

Timelines for the case show the fact finding or discovery phase to be concluded by Jan. 31, 2007. The first of the two-part discovery phase, class discovery will define the proposed class, the number of members and the common claims and damages. The class certification motion for the lawsuit is expected to be filed on or before March 31, 2007. A merits discovery phase will follow the class discovery.

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