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Click
here to read a copy of the Complaint
filed April 22, 2002 in the Tri-State Crematory
Lawsuits.
[Adobe Acrobat format] |
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Tri-State Crematory
Lawsuits
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| In March 2004, trial commenced with Lieff Cabraser partner
Kathryn E. Barnett delivering the opening statement in a class action by families
whose loved ones were improperly cremated and desecrated by Tri-State Crematory
in Noble, Georgia. The families also asserted claims against the funeral homes
that delivered the decedents to Tri-State Crematory for failing to ensure that
the crematory performed cremations in the manner required under the law and by
human decency. |
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The Tri-State Crematory of Noble, Georgia, had
been in business for almost 30 years and routinely received bodies from funeral
homes in Alabama, Georgia and Tennessee. |
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| For years, the crematory may have been foregoing cremations
and passed off wood chips and other substances as ashes. In at least nine cases,
it has been reported that ashes provided by the crematory to grieving relatives
turned out to be powdered cement. The Georgia Emergency Management Agency ("GEMA")
has recovered 334 bodies from the property, and conclusively identified 222 of
these bodies. |
| One week into trial, settlements with the remaining funeral
home defendants were reached and brought the settlement total to approximately
$37 million. Since March 2004, all of the settlements with the funeral homes
have been preliminarily or finally approved. The Marsh defendants, the operators
of Tri-State Crematory, however, withdrew from the tentatively approved settlement.
Trial on the class members' claims against the Marsh defendants began in August
2004. Soon thereafter, the Marsh defendants entered into a $80 million settlement
with plaintiffs. |
| As part of the settlement, all buildings on the
Tri-State property will be razed. The property will remain in a trust so that
it will be preserved in peace and dignity as a secluded memorial to those whose
remains were mistreated, and to prevent crematory operations or other inappropriate
activities from ever taking place there. |
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| Earlier in the litigation, the Court granted
plaintiffs’ motion for class certification in a published order. 215 F.R.D.
660 (2003). |
| Lieff Cabraser Heimann & Bernstein, LLP is
a national law firm with offices in Nashville, Tennessee, San Francisco, California and New York, New York. We represent plaintiffs in a wide range
of lawsuits. In cases dating back to 1984, our attorneys have represented the
bereaved families of victims of illegal and disrespectful cremations and the
desecration of human remains. |
| These lawsuits have included: |
- In re Sconce/Lamb Cremation Cases, in which the California Supreme
Court upheld the right of close family members of decedents to assert emotional
distress and related tort and contract claims for decedents whose remains were
allegedly subjected to illegal and/or disrespectful multiple cremations and commingling;
- In re Neptune Society Cases, in which our lawyers served as lead counsel
in a case involving claims for emotional distress, personal injury, breach of
contract, and consumer fraud claims arising from concealed illegal dumping of
commingled human remains by the pilot who had been hired to scatter ashes separately
over the Sierra Mountains. The case resulted in a $33 million settlement for
class members; and
- Noerdinger v. City of Santa Clara, which was a wrongful cremation
and emotional distress case involving multiple cremations at a city-owned crematorium
over a ten-year period.
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| To contact us on the Tri-State case, click
here. |
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LIEFF
CABRASER HEIMANN & BERNSTEIN, LLP
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| Notice: Lieff
Cabraser attorneys provide legal advice and practice law for clients in
federal district courts throughout the United States and in state courts
where we are licensed to practice. In states in which our lawyers are not
licensed to practice, we have affiliations with local attorneys who serve
as co-counsel with our firm. Please read our disclaimer. |
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Copyright © 2008 Lieff Cabraser Heimann & Bernstein,
LLP
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We seek to halt unfair business practices that harm consumers nationwide. Learn more. |
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