• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Current price of oil as of July 1, 2026

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Current price of oil as of July 1, 2026
Leadership

Plaintiffs’ Lawyers Are Wary of Taking on Flint Water Crisis

By
Reuters
Reuters
Down Arrow Button Icon
By
Reuters
Reuters
Down Arrow Button Icon
January 25, 2016, 5:03 PM ET
Flint Water
Flint residents Marcus Shelton, from left, Roland Young, and Darius Martin walk on an ice-covered street as they retrieve free water on Sunday, Jan. 17, 2016, at Heavenly Host Full Gospel Baptist Church in Flint, Mich. Flint's water became contaminated after Flint switched from the Detroit water system to the Flint River as a cost-cutting move. (Jake May/The Flint Journal-MLive.com via AP) LOCAL TELEVISION OUT; LOCAL INTERNET OUT; MANDATORY CREDITPhotograph by Jake May — AP
Add Fortune on Google for similar content.

Jan 25 (Reuters) – The water scandal in Flint, Michigan has many of the ingredients for a mass, class-action lawsuit: danger signs that may have been ignored, many thousands of potential victims, the possibility of lifelong health problems, and the alleged systemic failure of people in charge.

Even consumer activist Erin Brockovich, the main subject of a 2000 movie named after her, has drawn attention to Flint’s plight on her Facebook page and in public appearances.

But big-name, national plaintiffs’ firms have yet to jump into the fray in Flint, which has a population of about 100,000.

What’s holding them back, several lawyers said, is not the facts or the victims, but the prospective targets: The State of Michigan, the city of Flint, and officials at various levels of government. Special legal protections make it difficult to hold governments liable for damages, they said.

Federal and state governments and employees engaged in their official duties are shielded from most private lawsuits by a legal doctrine known as sovereign immunity. The doctrine, enshrined in the laws of many countries, stems from the centuries-old principle that the government itself cannot commit a legal wrong, though exceptions have evolved.

While cities in the U.S. are not technically considered to have sovereign status, they are similarly protected by state and federal laws.

As of Friday, only a few lawsuits had been filed in the wake of the crisis that began when the city began in April 2014 to use river water, which was more corrosive than its previous supply source and caused lead to leach from aging pipes into the water that people drank and washed in.

Those suits were filed against the state, city, and various state employees by a group of Michigan lawyers who are pushing relatively novel theories designed to circumvent immunity. The financially troubled city was governed by a state-appointed emergency manager at the time of the change to the river water.

A spokeswoman for Michigan Attorney General Bill Schuette declined to comment on the lawsuits. The Flint City Attorney’s Office did not return calls seeking comment.

The legal scene couldn’t be more different in Southern California, where several big, national law firms are behind some of more than 25 suits filed over a disastrous natural gas leak near Los Angeles that has forced thousands of residents from their homes since October.

The targets of those suits are the utility Southern California Gas Co and its parent company Sempra Energy, the non-government operators of the leaking gas storage facility. A state court in Los Angeles is currently considering a motion to coordinate the cases.

“THEY POISONED KIDS”

Frank Petosa, head of complex environmental litigation at Florida’s Morgan & Morgan, which is representing residents in the California case in multiple lawsuits, said the firm decided against litigating in Flint for now.

“The concern is the sovereign immunity,” Petosa said.

Robin Greenwald of New York plaintiffs’ firm Weitz & Luxenberg, which is also representing plaintiffs in California, agreed that immunity was an obstacle in Flint. But she did not rule out getting involved in some way.

“I really believe there must be something to do here,” she said. “There must be an opportunity for that community to be compensated. They poisoned kids.”

Tests have shown an alarming rise in the levels of lead in the blood of children from the city.

The crisis has led to the resignations of several officials, federal and state investigations, and widespread concerns that a potential health crisis in a largely poor, majority African-American city had been ignored. Officials had insisted the water was safe for many months despite concerns expressed by residents and activists after the change in the source of the supply.

Sovereign immunity does not apply if the government or an employee infringes on the U.S. constitution, as in, for example, cases where police have allegedly violated someone’s civil rights. It also may not apply if the plaintiff can show there was gross negligence. Michigan law, however, shields the state’s topmost officials – including the governor, agency heads and Flint’s emergency manager – even in cases of gross negligence.

There are other exceptions to immunity, such as injuries involving government-owned vehicles or buildings, but they are typically spelled out in state and federal laws and not applicable to the water crisis, lawyers said.

Undaunted by the high bar, a coalition of Michigan lawyers is pursuing creative arguments on behalf of what one of them, William Goodman of Detroit’s Goodman & Hurwitz, said could be as many as 30,000 to 90,000 residents.

“We’re zigging and zagging around government immunity,” said another of the lawyers, Michael Pitt, of Royal Oak, Michigan’s Pitt McGehee Palmer & Rivers.

STATE-CREATED DANGER

One of the Flint lawsuits, filed in November against the state and local governments and various officials in U.S. district court in Ann Arbor, makes a federal constitutional argument. It contends that the decision to switch the water source denied residents their civil rights to bodily integrity and to be free from state-created danger. The state’s response is due next month.

Pitt said he was aware of no federal appeals court that had addressed such claims in a comparable situation, but a similar suit over asbestos in public housing is currently pending in a Philadelphia trial court.

The Flint lawyers announced two other lawsuits this month. One, filed in the Michigan Court of Claims against the governor and state agencies, alleges state constitutional violations. The other, filed in Genesee County Circuit Court, targets lower-level officials who are not protected by Michigan’s immunity laws if they are shown to have acted with gross negligence.

In all three cases, the plaintiffs are seeking damages for alleged health problems from the water. In the federal case, they also are seeking punitive damages, which are barred in Michigan state courts.

“We’re going to continue to fight until we get what we need,” said former Flint City Attorney Trachelle Young, one of the lawyers in the group.

Jean Eggen, a professor at Delaware Law School specializing in environmental law, said all the Flint lawyers’ legal arguments would be challenging but maybe not impossible. In her view a “forward-thinking” judge might be open to the constitutional arguments.

But Peter Hsiao, the Los Angeles-based head of the environment practice at global law firm Morrison & Foerster, who has represented California agencies and municipalities against environmental lawsuits seeking to circumvent sovereign immunity, said those cases were all dismissed by judges before trial.

“I think in Flint they’ll have the same difficulties,” Hsiao said.

About the Author
By Reuters
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Leadership

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Leadership

The true cost of Donald Trump’s $2.2 billion year
NewslettersCEO Daily
The true cost of Donald Trump’s $2.2 billion year
By Diane BradyJuly 2, 2026
5 hours ago
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
SuccessCareers
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
By Orianna Rosa RoyleJuly 2, 2026
8 hours ago
Trump’s 927-page disclosure is just a normal Tuesday for direct indexing and crypto wealth managers
InvestingDonald Trump
Trump’s 927-page disclosure is just a normal Tuesday for direct indexing and crypto wealth managers
By Catherina GioinoJuly 1, 2026
17 hours ago
How foodservice giant Sodexo is embracing AI and robotics to reshape the kitchen
NewslettersCIO Intelligence
How foodservice giant Sodexo is embracing AI and robotics to reshape the kitchen
By John KellJuly 1, 2026
23 hours ago
U.S. Polo Assn. CEO J. Michael Prince
SuccessThe Promotion Playbook
U.S. Polo Assn. CEO was flat-out told he wasn’t right for a promotion—so he ‘outworked’ anyone else who wanted the job for 6 months straight until they changed their mind
By Orianna Rosa RoyleJuly 1, 2026
1 day ago
Nikesh Arora, chief executive officer at Palo Alto Networks
SuccessJobs
CEO of $248 billion cybersecurity company says workers are about to face a ‘Darwinian moment’ thanks to AI: Evolve or get cut
By Emma BurleighJuly 1, 2026
1 day ago

Most Popular

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
Big Tech
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
By Marco Quiroz-GutierrezJuly 1, 2026
1 day ago
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
7 days ago
Current price of oil as of July 1, 2026
Personal Finance
Current price of oil as of July 1, 2026
By Joseph HostetlerJuly 1, 2026
1 day ago
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Success
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
By Preston ForeJune 27, 2026
5 days ago
The Supreme Court's birthright citizenship ruling hands the U.S. economy a $7.7 trillion win
Newsletters
The Supreme Court's birthright citizenship ruling hands the U.S. economy a $7.7 trillion win
By Diane BradyJuly 1, 2026
1 day ago
Trump got a $78K pension from the Screen Actors Guild in 2025 because he appeared in Home Alone 2 in 1992
Politics
Trump got a $78K pension from the Screen Actors Guild in 2025 because he appeared in Home Alone 2 in 1992
By Sasha RogelbergJuly 1, 2026
23 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.