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  #741  
Old 10-28-2012, 12:46 PM
TreeNut TreeNut is offline
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Location: Columbus, OH
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Maybe I misunderstood, but I thought in the letter 'counsel' sent he summarized that settlements were not much different from original resolutions offered by DuPont..?? I think he said it did not include major soil remediation or anything else. One difference, I think, is that all payment was to be made directly to the claimant, rather than part to a tree service of their approval. Did I understand that right?
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  #742  
Old 10-28-2012, 12:57 PM
Ubetit Ubetit is offline
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Quote:
Originally Posted by Starbuy View Post
Does the class settlemment offer any compensation for the things I know I've suffered such as property value loss, real soil remediation for all ground affected (since we know it migrates and can damage new plants and possibly stunt growth of existing plants not yet evaluated), compensation for the fact in the digging process my utility lines must be removed and replaced, electrician must be hired (that's about $2000 for me not including retrenching or permits), and another biggie... loss of value when/if the state or county makes me declare the toxin to potential buyers in the future if I don't get all the lawn ripped up and soil replaced which of course would mean a total relandscaping of any part of my property impacted by Imprelis. I still don't know how long this will remain in my property.

Ubetit, do you see any difference in the tree height payment schedule in this class settlement than what DuPont had already been offering? Also, what about the states that have treble laws, any compensation in that regard for those of us in different states? Will a person get the same check from DuPont from this as if they had agreed to the direct resolution? Does it allow the property owner to receive the check for the amount needed for digging, removal and disposal or is that part still locked to DuPont paying a third party like in the direct resolution? When is the opt-out expiration date? Thanks for any answers you can provide.
Keep in mind i'm not an attorney, however I see little change to the resolution process already in action. You get the money for the vegetation damage, the removal costs and the 15%. The tree height payout chart matches what my settlement offer was. Tree Height link
The removal costs are also on chart by total trees removed with some travel $ thrown in for the removal company. Removal Cost Link

As far as property value loss, soil remediation, future health claims etc, It's not in there. That will be up to your counsel if you opt-out. I'm not really sure what this settlement settles. I guess they legally have to do something now.

Timeline looks like this:

10 days after Agreement Submitted to Court for Preliminary Approval Order
CAFA Notice Deadline (III.K)

40 days after Preliminary Approval
First Issuance of Direct Notice

95 days after First Issuance of Notice
Opt-Out Deadline (IV.C)
Notice Completion Date (IV.B.5)
Claims Deadline (II.E), (III.D.5)
Request to Appear Deadline (IV.E)

5 days after Opt-Out Deadline
Claims Administrator To Provide Opt-Out List to DuPont (IV.C)

21 days after receipt of Opt-Out List
DuPont Termination Deadline (IX.A)

14 days after DuPont Termination Deadline
Motion for Final Approval Deadline (III.M)
Fee and Expense Application Deadline (III.M),(VII.B)

14 days after Motion for Final Approval Deadline
Objection Filing Deadline (IV.D)

14 days after Objection Filing Deadline
Objection Response Deadline (IV.D)

30 days after Receipt of Notice Becoming Final or 30 days after Receipt of CRA, whichever is later
Deadline for Filing a Notice of Intent to Appeal


It looks like we are 135 days from the opt-out deadline.

Last edited by Ubetit; 10-28-2012 at 01:04 PM.
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  #743  
Old 10-28-2012, 02:50 PM
rosewater rosewater is offline
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Are we talking about the same class action suit?


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________________
)
IN RE: IMPRELIS HERBICIDE ) Case No. 11-2284-GP
MARKETING, SALES PRACTICES, )
AND PRODUCTS LIABILITY LITIGATION ) CLASS ACTION
________________________________________________) JURY TRIAL DEMANDED


If you review this 85 page doc (and you can by typing in the case number in your browser) in sect VII. Relief requested: compensatory damages,statutory damages and treble damages, punitive damages- are these issues not addressed?

Ubetit- are you being represented by Kitchenoff?
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  #744  
Old 10-28-2012, 04:02 PM
Ubetit Ubetit is offline
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Quote:
Originally Posted by rosewater View Post
Are we talking about the same class action suit?


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________________
)
IN RE: IMPRELIS HERBICIDE ) Case No. 11-2284-GP
MARKETING, SALES PRACTICES, )
AND PRODUCTS LIABILITY LITIGATION ) CLASS ACTION
________________________________________________) JURY TRIAL DEMANDED


If you review this 85 page doc (and you can by typing in the case number in your browser) in sect VII. Relief requested: compensatory damages,statutory damages and treble damages, punitive damages- are these issues not addressed?

Ubetit- are you being represented by Kitchenoff?
Yes, that is the case #. Again, i'm not an attorney but it looks like settlement neglected all those issues (and that's one of the problems with class action lawsuits). You will essentially get:
1. Payment for trees
2. Tree removal
3. Tree care/Maintenance
4. additional 15% payment
5. Warranty to May 31, 2015
6. Appeal process


I am not represented by Kitchenoff
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  #745  
Old 10-28-2012, 04:51 PM
rosewater rosewater is offline
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Completely perplexed why any attorney representing Imprelis plaintiffs could not do better than what Dupont was offering even though it is a class action- someone please explain that point.
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  #746  
Old 10-28-2012, 06:02 PM
Starbuy Starbuy is offline
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I thought I read the compensation for the removal costs are paid to a company by DuPont instead of directly to the one actually damaged? But, doesn't matter much anyhow since this settlement does not seem to address many of the concerns I've had from the beginning. Looks like I'll be opting out as expected. Lame settlement is unacceptable.
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  #747  
Old 10-28-2012, 06:08 PM
Starbuy Starbuy is offline
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Quote:
Originally Posted by rosewater View Post
Completely perplexed why any attorney representing Imprelis plaintiffs could not do better than what Dupont was offering even though it is a class action- someone please explain that point.
Even DuPont's resolution site explains that those who might retain an attorney to pursue on their own may find higher compensation than what the direct resolution offered. At least they were upfront about that. Some probably thought it would be easier or less time consuming, but I don't think so from the experiences I've read from others. But, whatever people are satisfied with is what they should go with. I can't afford to come up short. It's my property and I have to live here.
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  #748  
Old 10-28-2012, 10:48 PM
PapaD PapaD is offline
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So, if you are part of the class action suit, you get basically the same as you would get through the claims resolution process, except that the lawyers take their cut. Sounds like a great deal - where do I sign up?

Why would the parties to the class action suit agree to this settlement? Am I missing something?
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  #749  
Old 10-29-2012, 09:01 AM
Starbuy Starbuy is offline
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Quote:
Originally Posted by PapaD View Post
So, if you are part of the class action suit, you get basically the same as you would get through the claims resolution process, except that the lawyers take their cut. Sounds like a great deal - where do I sign up?

Why would the parties to the class action suit agree to this settlement? Am I missing something?
I'll be opting out. I have one property in this world, it has been damaged greatly and yet this offer doesn't cover all my loss.
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  #750  
Old 10-29-2012, 09:13 AM
Ubetit Ubetit is offline
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Quote:
Originally Posted by PapaD View Post
So, if you are part of the class action suit, you get basically the same as you would get through the claims resolution process, except that the lawyers take their cut. Sounds like a great deal - where do I sign up?

Why would the parties to the class action suit agree to this settlement? Am I missing something?
Dupont will pay the attorneys in this class action, they won't get a cut out of your settlement. With your own counsel, they may take 30-40% of your settlement. That's one of the things you have to weigh. If you have been offered $20k through dupont, you now need $30k to break even with your own counsel if they charge 30%. I'm more concerned about damage to property values, long-term effects, soil remediation, ancillary expenses and less about my actual trees.
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