from: CMU
The first federal (as opposed to a state) lawsuit against those involved in the Rhode Island club fire was posted yesterday on behalf of three survivors and the family of one of those killed in the tragic fire that stemmed from a pyro show at a Great White gig. The suit was filed by attorney Ronald Resmini and named as defendants the club's owners, the band, their management company and label, Clear Channel Communications, Luna Tech (who supplied the pyros), American Foam (who supplied the sound proofing that proved particularly flammable), the town of West Warwick, the state of Rhode Island and the real-estate company that owns the land.
By filing a federal suit it means the case will be heard in a federal court rather than a state court. Talking about his decision to go the 'federal route', Resmini told reporters: "We want to see where it's going to end up, state or federal, particularly as it pertains to liability. Somebody's got to do it, and I got tired of waiting on everybody else and did it myself."
Great White's attorney Ed McPherson, who said he was not aware of Resmini's suit, didn't think the difference between state and federal was important: "I don't think it makes much difference in regard to liability or damage. And federal and state courts are pretty equal in how quickly they get to trial. A federal filing does mean the suit will probably circumvent the chief judge in the state court, who has made it clear she would like all of these lawsuits to be coordinated."
McPherson added that he reckoned about a dozen civil suits have been filed at a state level against those involved in the fire. The grand jury investigation into the fire is yet to make any charges, though McPherson added: "I know the grand jury is still impanelled, and they're working very diligently in going over the evidence. Just because no charges have been filed doesn't mean they won't be
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