Legal
Lockwood, Andrews & Newnam Nears Final Flint Water Financial Pact
Engineer LAN is settling the claims against it related to the Flint, Mich., lead-in-water crisis, which the firm maintains it was not responsible for.
Photo by Lance Cheung/U.S. Dept. of Agriculture
Plaintiffs in the federal lawsuit filed against engineering firms over the Flint, Mich., lead-in-water crisis say they have nearly finalized a settlement with one of the companies, Lockwood, Andrews & Newnam Inc., according to a court filing.
LAN and the plaintiffs jointly filed a 45-day stay of proceedings against the company July 6 in order to finalize the agreement, saying that they had reached a settlement “in principle of all claims.” While the terms including any monetary payment are confidential, Wayne Mason, an attorney representing LAN, said in an email that the details being finalized are terms such as the specifics of administration of the class action against the firms.
“While terms of this settlement cannot be disclosed at this time, we are pleased with the settlement, which will allow LAN to put this matter behind them and focus on their future,” he said. “We believe this will finally bring closure for the state, plaintiffs and LAN. LAN maintains it was never responsible for any of the issues related to the Flint matter, and further litigation would not be productive for any party.”
Attorneys representing the plaintiffs did not immediately respond to inquiries.
LAN had initially agreed to settle the claims brought on behalf of four children in December after a nearly five-month-long bellwether trial ended last summer in a mistrial over a deadlocked jury. At the time, Mason said the company wanted to avoid the costs of another trial.
The latest court filing indicates LAN is settling all the remaining claims against it as well, as part of the agreement.
Lawsuits accused LAN and Veolia Water North America Operating Services LLC of negligence and breach of the standard of professional care in their work for Flint by failing to prevent corrosive water from causing lead from pipes to leach into drinking water. The leaching happened after the city temporarily switched its water source to the Flint River as part of a cost-saving plan. The city’s water treatment plant could not adequately deal with the more corrosive river water. During the trial, attorneys for the firms argued that officials ignored recommendations from the companies that could have prevented the crisis.
Neither firm joined the $625-million settlement the state government previously reached with Flint residents over the water crisis. That agreement got final court approval in March.
A retrial for the claims against Veolia has not yet been scheduled.
Efforts to replace all of Flint’s lead service lines are still underway. The city has repeatedly missed deadlines to complete the project set by a federal judge in a separate lawsuit some residents and advocacy groups filed against the city.
Last month, the judge in the case heard arguments about whether the city should be held in contempt after missing a May 1 deadline to determine which properties still require restoration after having pipes replaced. The plaintiffs have until July 14 to file a post-hearing brief and the city has until July 21 to file a response.
