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Old 02-15-2013, 02:32 PM
TreeNut TreeNut is offline
LawnSite Member
Join Date: Jun 2012
Location: Columbus, OH
Posts: 80
It's going to be a real pain either way you go. After having heard nothing, we've decided that we are going to go ahead and remove and replant this spring, but not until after the major growth spurt, at our own expense. We'll continue with the private suit and hope we eventually get our money back. We don't like DuPont holding us hostage, so we won't allow that. Even if they offer 'care', it's way too late now. Our landscape is too important to us. Last fall, I replaced a small ornamental (Pink Japanese Snowbell) that had been in for 3 years, with a Red Jewel Crab Apple, after an arborist told me he had not seen any crabs affected by Imprelis. The attorney said it would be okay as long as we had photos of the dead tree. (I've saved all the remains.) Each season we wait, we lose time that we most likely will not be reimbursed for. So far, the crab is doing fine. We also don't believe that the remaining chemical in our lawn can cause (much) damage---we also planted 2 Norway Spruce right after we learned of Imprelis back in '11, and both have shown growth and no damage. (We didn't know at that time that we shouldn't have--but so far we're glad we did.) I guess if you can afford to wait for the money, you most likely will end up with a much better settlement. Remember the 'trebel' laws that class action or a CRA will not take into account. The attorneys also have even more evidence now of wrongdoing by DuPont. But if the money is important for you and you feel the settlement is fair, then go for it. Hope that helps. Just my opinion.
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