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<p>More than a year after its filing, Stanley Waleski&#8217;s lawsuit seeking $619.3 million more for 4,360 past and present Avoca-area residents exposed to contamination is still bouncing from court to court.</p><p>Waleski initiated the suit on the group&#8217;s behalf in April 2018 in the Luzerne County Court of Common Pleas.</p><p>The defendants &#8212; Philadelphia law firm Montgomery, McCracken, Walker &amp; Rhoads and two of its attorneys &#8212; moved the case to federal court in Scranton last June through an automatic action known as a removal.</p><p>The Montgomery firm successfully argued for the case to be transferred again to federal court in New York City. That jurisdiction&#8217;s presiding U.S. District Judge Alison J. Nathan issued an order in February moving the suit to federal bankruptcy court in New York City.</p><p>U.S. Bankruptcy Judge Michael E. Wiles is in the process of deciding whether the suit will remain in his New York City court or be moved again, records show.</p><p>Waleski persists in his argument the case should be adjudicated in Luzerne County Court.</p><p>Both sides agree the final court venue must be decided before addressing the Montgomery firm&#8217;s motion to dismiss, court filings say.</p><p>The Avoca plaintiffs were involved in 2005 litigation filed by the Powell Law Group seeking compensation for health problems they attributed to creosote exposure from the defunct Kerr-McGee Corp. wood treatment plant that operated in the borough for four decades until 1996.</p><p>Their claims were ultimately processed through the 2009 bankruptcy of Kerr-McGee and related entities under the umbrella of Tronox Inc. &#8212; a case adjudicated in the federal bankruptcy court in New York City.</p><p>Powell Law had hired the Montgomery firm for its bankruptcy expertise in 2009.</p><p>Waleski&#8217;s complaint accuses the Montgomery firm of breach of contract for allegedly failing to take actions seeking top-dollar compensation for the local victims in the bankruptcy case. He came up with the $619.3 million figure asserting the Avoca-area residents were entitled to $949 million but ended up receiving $329.7 million through the bankruptcy, his suit said.</p><p>The Montgomery firm has vigorously defended the quality of its work and argued New York City bankruptcy court is the proper venue because the plaintiff is attempting to &#8220;re-litigate issues previously ruled upon&#8221; in bankruptcy court, including an opinion written by Judge Wiles, its filings said.</p><p>The Philadelphia firm also maintained Waleski failed to state a claim and enjoin Powell Law in the litigation, which would be a &#8220;necessary and indispensable party&#8221; in such an action.</p><p>Judge Wiles held a status conference on the case in April.</p><p>Waleski asserts the case belongs in Luzerne County Court because it has no effect on the Kerr-McGee bankruptcy. The New York City bankruptcy court should not be &#8220;burdened&#8221; adjudicating the class-action litigation solely involving Pennsylvania litigants and law, one of his filings says.</p><p>Myers, Brier &amp; Kelly in Scranton and lawyers from Thompson Hine in Cincinnati and New York City are representing the defendants.</p><p>Waleski is represented by Pittsburgh attorney Scott M. Hare and legal counsel from Otterbourg Steindler Houston and Rosen in New York City and Keller Lenkner in Chicago.</p><style>
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<div class="neCaption">A legal challenge is still underway seeking additional payments for 4,360 past and present Avoca-area residents impacted by the Kerr-McGee Corp. creosote wood treatment plant that once operated behind this fence in the borough. </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2019/05/web1_kerrmcgee.jpeg</photo0><caption0>A legal challenge is still underway seeking additional payments for 4,360 past and present Avoca-area residents impacted by the Kerr-McGee Corp. creosote wood treatment plant that once operated behind this fence in the borough. </caption0><photoCredit0>Times Leader file photo </photoCredit0></div></div>
<div class="metaInfo"><bylineMeta><p>By Jennifer Learn-Andes</p><p>jandes@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.</p></shirttailMeta></div>

Legal challenge still pending in Avoca contamination suit