Circuit Court Judge Neil Thomas is weighing a decision on whether a class action will be kept in place for the more than 200 Tennessee lawsuits filed against the Tri-State Crematory and the Marsh family.
Defense attorneys say the class action should be dissolved, saying the lead plaintiff and others have joined in a federal class action at Rome, Ga.
"They can't have their cake and eat it too," attorney Stuart James, who represents crematory operator Brent Marsh family.
The lawsuits were filed after 339 uncremated bodies were found at the Noble, Ga., facility in mid-February of last year.
The Buckner-Rush Funeral Home at Cleveland has proposed settlements for the lawsuits brought against it. Federal Judge Harold Murphy of Rome, Ga., is holding a fairness hearing Thursday on whether those settlements are to be approved.
Judge Thomas on Monday afternoon gave attorneys two weeks to file legal briefs on the class action issue.
Attorney James said those who opted to be in the Georgia class action can't take part in both. Joe Oden, who is suing Franklin-Strickland Funeral Home in the handling of his wife's body, is among those opting to take in the Georgia case. He is the lead plaintiff in the Tennessee class actions.
Nashville attorney David Randolph Smith said just because Mr. Oden chose to stay in the Georgia case does not mean he cannot be in the Tennessee one also.
He said, "Being a representative in one class action and a member of another happens all the time. Well, not all the time, but it happens."
He stated, "We've not made a choice. We're in two places at the same time."
The class action in Georgia has a longer time period, but allows fewer claims for action.
Judge Murphy has set a March 1 trial date.
Attorney James said it is not fair to the parties involved to keep dragging on the Tennessee cases. "We've had delay after delay after delay," he said.
He said Judge Thomas should begin ruling on some of the motions and move the cases forward.
Judge Thomas said the Tri-State litigation is among the most complex he has ever seen, bringing a number of thorny legal issues.
"Securities and anti-trust law was much simpler," he said.