BORDERLAND

Whirlpool lawsuit to stay in federal court

8/15/2013

A class action lawsuit filed by Sandusky County residents who allege they were harmed by toxic chemicals at a former Whirlpool Corp. property will remain in federal court for now.

U.S. District Court Judge James Carr this week denied a motion by attorneys for plaintiffs in the suit to return the case to Sandusky County Common Pleas Court where it was filed March 28. Attorneys for Whirlpool and the owners of the property, Grist Mill Creek, LLC, had opposed the motion.

Joe Albrechta, who represents the plaintiffs, said his clients and co-counsel will decide whether to appeal the ruling. He said they believe the case in its entirety — witnesses, circumstances, and facts — all are in Sandusky County and is a state issue.

The group alleges Whirlpool dumped contaminated material at the park near Green Springs that contaminated the soil and ground water, creating a cancer cluster. A separate class action suit filed in federal court in May by different attorneys links the cancer cluster to airborne sources.