Michigan's highest court has rejected a class action lawsuit by persons without signs of illness seeking medical monitoring because of possible exposure to the poisonous chemical dioxin.
The Supreme Court's 5-2 decision came in a case in which the American Tort Reform Association (ATRA) filed a "friend of the court" brief in support of the defendant in the case.
Titled Henry et al. vs. the Dow Chemical Company, the case involved allegations that Dow's plant in Midland, Mich., negligently released dioxin, a synthetic chemical that is potentially hazardous to human health, into the Tittabawassee flood plain where the plaintiffs lived and worked.
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