posted January 16, 2004
Circuit Court Judge Neil Thomas has put down a ruling decertifying the class action he earlier set up for the Tri State Crematory lawsuits.
Judge Thomas noted that the lead plaintiff in the case, Joe Oden, had joined in a class action that is before Federal Judge Harold Murphy at Rome, Ga.
Judge Thomas said in the two-page order, "Given the fact that the plaintiff in this action has not opted out of the federal litigation, there is a serious question as to whether or not there is adequacy of representation of the class.
"In addition, the difficulties to be encountered in managing a clas action for relatives other than those entitled to dispose of the remains, and, given a class action proceeding to trial after notice on behalf of those entitled to dispose of the remains, the disparate issues in this action will prevail over the common issue of fact."
Attorney Stuart James, who represents members of the Marsh family that operated the crematory at Noble, Ga., said, “Although we believe that the court should have retained the class, we understand the ruling of the court. The plaintiff, Joe Oden, opted to participate in the Georgia Class making him an inadequate class representative in the Tennessee class.
"In choosing to participate in the Georgia class, the plaintiffs knew of the different issues facing the Tennessee Class and the Georgia class.
"There was an inherent conflict in Mr. Oden adequately representing a Tennessee class while participating in a Georgia Federal class. The two class actions involved different issues, and the Georgia class that excludes many Tennessee plaintiffs.
"The plaintiffs had an opportunity to correct this issue and did not do so. Therefore, this inherent conflict gave the court one choice, decertification. The court rightly recognized the serious nature of Mr. Oden continuing to represent the Tennessee Class. The court, under the circumstances also correctly noted problems in the 'adequacy of the representation of the class and the difficulties in managing the class for relatives other than those entitled to dispose of remains create different issues.'
"The attorneys for Clara, Ray and Brent Marsh will proceed to ask the individual courts to move individual claims forward in Tennessee to there proper resolution, including dismissal of all claims opting into the Georgia class, whether that dismissal is in whole or in part.”
A host of lawsuits were filed after 339 uncremated bodies were found at the crematory in mid-February 2001.
Brent Marsh faces 787 felony counts and is due to go to trial this year in LaFayette.
Judge Murphy has set a trial on the federal class action for March 1.
Buckner-Rush Funeral Home of Cleveland, Tn., has settled its cases.
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