- On March 11, 2004 the funeral homes settled in the second week of the trial for $40 million.
- On August 26, 2004 the Marshes agreed to a settlement for $80 million. As part of the settlement the crematory site is being returned to a natural state, as shown by this photograph taken May 2, 2005:
One of the purposes of tort law, in addition to compensation, is deterrence. Holding funeral homes and the Marshes accountable for what happened at the Tri-State Crematory will change funeral industry practices and prevent crematory abuses from happening again.For example, the February 2004 issue of Funeral Director, the industry’s leading trade publication, has a front page article titled, Crematory Due Diligence: The procedures and forms your funeral home needs to conduct due diligence when it utilizes third-party crematories. The article states:
- “Funeral homes that use outside crematories are hiring third parties to provide an integral part of the services they have sold to a family. As such, the funeral home has a responsibility to the family to ensure that the crematory will carry out the cremation in a legal, professional and ethical manner. The best method to obtain these assurances, and to protect the funeral homes from liability in case of a problem at the crematory, is to carry out the four-step due-diligence process outlined in this section.”
Electronic Brief in Support of Class Certification (30MB download w/ cases, citations & authorities)
We are honored to have handled this case and thank all of our clients, experts and co-counsel who worked so hard to bring this case to a successful conclusion.