YOUNGSTOWN, Ohio – U. S. District Judge Benita Pearson chose Jayne Conroy from the New York office of John Simmons’s firm in Alton as one of four leaders for a potential class action over Norfolk Southern’s toxic derailment at East Palestine, Ohio.
An order Pearson signed on April 5 also appointed Seth Katz of Denver and Beth Graham of Wilmington, Delaware, as interim class counsel.
Interim appointments are typically temporary, but Pearson couldn’t appoint them permanently because she hasn’t decided whether to certify a class.
Her order showed she expects them to lead throughout. Among other powers, she granted them authority to negotiate a settlement.
She wrote that defendants could rely on any agreements or representation the leaders make.
She picked a fourth leader, Michael Morgan of Orlando, Florida, as counsel for plaintiffs who sued outside the class action but don’t oppose the class structure.
She also appointed an executive committee, a steering committee, and a pool of lawyers for assignment to committees on specific issues.
The steering committee includes Andrew Schlichter of St. Louis.
Ohio lawyers had urged Pearson to appoint Ohio lawyers as interim counsel. Although she didn’t do it, she picked three of them for lesser roles.
Pearson appointed Jeffrey Goldenberg of Cincinnati to the executive committee and Ronald Parry of Cincinnati to the steering committee.
She appointed Youngstown native Nils Johnson, now in practice eight miles away at Canfield, as community liaison.
“Committees of counsel can sometimes lead to substantially increased costs,” Pearson wrote.
She advised leaders to control expenses and avoid duplication of efforts.
As part of her order she consolidated all 22 derailment cases in her court.
She directed the leaders to file a master class action complaint by May 4.
She wrote that she would look with favor on allowing students from regional law schools to participate in court approved facets of the litigation.
Purposes of lead counsel:
- Determine and present positions of all plaintiffs as to all matters
- Designate attorneys for oral argument
- Conduct or coordinate interrogatories, requests for documents, and depositions
- Appoint trial counsel
- Employ experts
- Call meetings of the executive committee
- Ensure that all plaintiffs and their counsel are kept informed of progress
- Forward all orders, discovery, and filings to counsel for all plaintiffs
- Assess litigation costs and collect assessments regularly
- Collect time and expense reports from counsel for all plaintiffs
- Coordinate and communicate with defense counsel on scheduling of depositions