Page "Tri-State Crematory" Paragraph 19

The funeral homes sued Tri-State and Marsh, eventually settling first for $ 36 million with the plaintiff's class in the United States District Court for the Northern District of Georgia.

Ultimately, the Marsh defendants also settled for $ 3. 5 million after their insurer, Georgia Farm Bureau, agreed to pay the settlement.

After heated negotiations among the attorneys regarding the exact terms and conditions of the settlement, the settlement failed.

The parties could not effectuate a settlement that would globally resolve all cases in Tennessee, Georgia, and Alabama.

The plaintiff class filed a Motion to Enforce the Settlement Agreement alleging a settlement agreement had been reached between the parties, and that the court should enforce the settlement agreement.

Stuart James and Frank Jenkins responded to the motion asserting that the settlement could not be effectuated and that the parties never could complete the settlement due to the inability to reach an agreement to put together a settlement class globally resolving the cases.

Judge Harold Murphy of the United States District Court for the Northern District of Georgia thereafter ordered a second trial.

The second trial began in August 2004.