Imprelis Discussion - it's damage, Dupont's Claim Process, Lawsuits filed, Experience

[cindyb]

I'm thankful for owners of this forum and for finding others that are going to this personal hell and willing to share so we know we aren't alone. I also have nothing to decorate. My largest pine that was always decorated and the largest in the neighborhood, was the first to go, my "1's" were next. Bushes are toasted, pine needles are everywhere including my koi pond. Grass doesn't look much better but I have some weeds that look healthy.

I'm thankful we're closer to real resolution on this matter than we were last year. I'm thankful I've got attorneys working on this. I'm thankful our nation and state still have laws to protect the little guy. I'm thankful for those in law enforcement who dedicate their lives to righting wrongs and protecting people.

Me too.

Happy Thanksgiving!

[cindyb]

I don't remember if this was posted here or not http://www.lawnandlandscape.com/ll-0...es-dupont.aspx

[anyway]

can anyone who accepted duponts agreement and recieved there check tell me if the check came regular mail,ups,certified,etc...........did you have to sign for it,thanks

[Tree Lover]

found this a short but good read.

Sandy No Match for DuPont Imprelis!
By funfundvierzig . Nov 23, 2012 8:42 AM
Tree Storm Losses Pale In Comparison To DuPont's Countrywide Toxic Ravages

Readers,

New York City has lost 10,000 trees from storm Sandy only four weeks ago. New Jersey utilities are reporting 113,000 trees destroyed or damaged in the Garden State. But Sandy is no match for DuPont's vile tree-killing dandelion herbicide, Imprelis. Imprelis, now mercifully banned by the U. S. EPA, has destroyed hundreds of thousands of trees nationwide, and particularly in the midwest.

DuPont's customarily secretive and evasive Management and their PR con artists have worked assiduously to downplay and cover up the massive magnitude of the damage caused by their falsely if not fraudulently advertised "very environmentally friendly" turf herbicide. Considering the thousands of Imprelis claims in hundreds of lawsuits in federal and state courts, the ultimate total losses and charges to DuPont earnings may be $1 to $2 billion, or even MORE! Arboreal annihilation on an astronomical scale, folks.

Congratulations to Ms. Kullman, DuPont Chieftess and her servile understaffers for coming out with what so far has been the biggest "new product" failure in corporate America in the 21st century! Imprelis, Tell Us.

Merely the morning commentary of one individual retail investor and long-time student of the dysfunctional and deceptive DuPont...funfun..

[anyway]

here is a question i have not seen on here................is this settlement agreement taxable,will we have to claim this on our taxes??

[rosewater]

all income is considered taxable regardless of the source....haha that damn IRS

[Longshot]

Originally Posted by anyway

can anyone who accepted duponts agreement and recieved there check tell me if the check came regular mail,ups,certified,etc...........did you have to sign for it,thanks

Got my check today! Was surprised to see that large of check come regular mail. Not certified, or anything. Was 6 weeks after mailing my signed CRA back.

[cindyb]

Originally Posted by rosewater

all income is considered taxable regardless of the source....haha that damn IRS

Originally Posted by anyway

here is a question i have not seen on here................is this settlement agreement taxable,will we have to claim this on our taxes??

From the IRS site http://www.irs.gov/Businesses/Small-...#_Toc305586646 :

Product Liability

Product liability cases often include claims for personal physical and mental injury. For example, X brings a claim for personal injury against an auto manufacturer claiming a wreck was caused by a faulty steering column on his car, or Y brings suit against the manufacturer of a contaminated pesticide claiming damage to his ornamental plants, and injury to his nursery and his business reputation.

These type cases will usually involve the various elements relative to compensatory damages for physical and mental injury, discussed above, as well as punitive damages. Proper allocations among the taxable and nontaxable portions received must be determined.

Guess that means the courts will determine?

Originally Posted by Longshot

Got my check today! Was surprised to see that large of check come regular mail. Not certified, or anything. Was 6 weeks after mailing my signed CRA back.

I'm happy for you. My damage continues.

[PapaD]

Originally Posted by anyway

here is a question i have not seen on here................is this settlement agreement taxable,will we have to claim this on our taxes??

Comparing this to an auto accident, if someone hits your car and they (or their insurance company) pay you for the damage, that money would not be taxable. However, if they also pay you for your pain and suffering, that part might be considered income and be taxable.

Using that logic, I would think that any payment that is for direct compensation of the damage would not be taxable. The additional 15% for inconvenience, etc. might be taxable. I guess a tax attorney or accountant would be the ones who would know for sure.

[Starbuy]

Generally speaking, if the settlement proceeds were to compensate you for lost wages then the money is taxable because the wages would have been taxable. If the settlement proceeds were awarded to punish the company for wrongful behavior they would also be taxable. If they were to pay you to make you whole from a financial loss (i.e. compensate you for actual damages, lost property value, loss of intended use and enjoyment, potential future financial loses such as when you try to sell the home or try to replant and the plant won't grow normally or die) then generally the proceeds would not be taxable. Another thing not generally taxable is life insurance benefits. But, best to consult a tax expert of which I am not.