posted September 8, 2003
The first settlements have been reached in the Tri-State Crematory lawsuits, attorneys said Monday.
Buckner-Rush Funeral Home, of Cleveland, Tn., has reached the settlements, it was stated.
Terms of the settlements have not yet been disclosed.
Buckner-Rush was one of a group of funeral homes that faced a barrage of lawsuits in connections with 239 uncremated bodies found at the Tri-State Crematory in mid-February 2002.
The suits are filed against the Marsh family that operated the crematory at Noble, Ga., as well as the funeral homes that sent bodies there.
Hamilton County Circuit Court Judge Neil Thomas on Monday put off ruling on any motions in the case until Dec. 1 at 1:30 p.m.
He noted that attorneys have until Nov. 8 to decide whether to opt out of class action cases brought in Georgia.
A ruling by Federal Judge Harold Murphy of Rome, Ga., on the class action status of the cases is now before the 11th Circuit.
Attorney Stuart James, who represents Brent Marsh and other members of the Marsh family on the hundreds of lawsuits they face, said the Marshes want the cases to go forward.
"We are back at square one. The Marsh family is very anxious to proceed. They are getting frustrated," he said.
Crematory operator Brent Marsh was recently indicted on 787 felony charges in Walker County, Ga.
Judge Thomas said he understands Judge James Bodiford of Cobb County, Ga., who is hearing the criminal cases, "wants to fast track the criminal cases."
"I've heard that," said attorney Ken Poston, who represents Brent Marsh in the criminal matters.
Attorney James said he would like to see a schedule set leading to a trial.
Attorney Don Strickland also pushed for action on the case, saying plaintiff attorneys were "forum shopping" - deciding whether it would be better for them to proceed in Georgia or in Tennessee.
He said, "This is setting up the ultimate in forum shopping - that the rules are designed to avoid."
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