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  #481  
Old 08-02-2012, 01:44 PM
Starbuy Starbuy is offline
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Join Date: Dec 2011
Location: Summit County, Ohio
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Here's another very big incentive for DuPont to settle all the Imprelis claims quickly before they reach a jury.

http://www.reuters.com/finance/stock...y-developments
Federal Court Jury Finds In Favor Of Monsanto Co In Patent Case, E. I. du Pont de Nemours and Company And DuPont Pioneer Found Guilty Of 'Willful' Infringement Of Intellectual Property

The jury awarded damages of $1 billion to Monsanto based on DuPont's willful infringement of its technology and the improper head start that DuPont obtained when it infringed Monsanto's technology rights. The finding of willful infringement could lead to an increased award of damages in the case. Monsanto originally filed suit against DuPont and DuPont Pioneer in May 2009. The lawsuit sought to prevent the unlicensed combination of Monsanto's proprietary Roundup Ready herbicide tolerant technologies in soybeans and corn with DuPont's problem plagued OGAT. DuPont had been offered a license at multiple times prior to and throughout the duration of the trial, but the Delaware-based company refused to accept the offer from Monsanto Company. - Reuters, August 1, 2012

Of course, Imprelis is a whole other matter affecting thousands of properties and one in which DuPont knows they made a big mistake. Plus, many universities, scientists and EPA are investigating. Do you think they'd allow these claims to end up before a jury? Shareholders would be in an uproar.
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  #482  
Old 08-02-2012, 03:00 PM
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cindyb cindyb is offline
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Join Date: Jan 2008
Location: KY
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Looking for the list of plants that are dying, can't remember if its Perdue or Michigan.

Add my Bridal Veil bush to the list of destruction, its next to the Hydrangae and Lilac.

It's August. I can't understand how Dupont can know they killed and deformed all my plants and trees and still not offer compensation or any type of update of why they are taking so long.
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  #483  
Old 08-02-2012, 03:16 PM
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cindyb cindyb is offline
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found it http://www.ppdl.purdue.edu/PPDL/weeklypics/1-17-12.html
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  #484  
Old 08-02-2012, 08:15 PM
Longshot Longshot is offline
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Join Date: Jul 2012
Location: Pittsboro, IN
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Hi, I found this forum of great information and advice. I wish we could have met under better circumstances.

I am a victim too. Had my first site visit on Monday and all 27 of my white pines are affected and dying. Only two were rated less than 3. A couple of other bushes are damaged too.

Only three trees are less than 25'. Most others range from 28-35' (post shrivel). They should be in the 30-40' range by now but, of course, that won't happen.

I got a late start in this process. I hope I don't have to wait as long as some of you have to get this process really rolling. I plan to start gathering quotes for everything that will need to be done to restore the beauty and privacy of my property.
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  #485  
Old 08-03-2012, 10:02 AM
Starbuy Starbuy is offline
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Join Date: Dec 2011
Location: Summit County, Ohio
Posts: 335
Hello Longshot and welcome to Lawnsite. Please keep us updated with your progress. In gathering estimates you'll find that the actual soil remediation that one really needs (full compensation for removing all toxic soils from your lawn and beds so migration will not hinder new plantings or future sale of property) will be quite high and in my experience much higher than what DuPont will pay for through their direct process, but please let us know if you get something different from their proposal. So far, I've heard of no one except golf courses represented by city's attorneys actually getting direct monetary compensation for removal.

Question to anyone:
Why do you think DuPont doesn't want to pay you directly for the amount you need for tree/plant removal, hauling and dumping, but instead only will agree to pay a third party as part of their resolution agreement with you?
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  #486  
Old 08-03-2012, 09:06 PM
Longshot Longshot is offline
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Location: Pittsboro, IN
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Quote:
Originally Posted by Starbuy View Post
Question to anyone:
Why do you think DuPont doesn't want to pay you directly for the amount you need for tree/plant removal, hauling and dumping, but instead only will agree to pay a third party as part of their resolution agreement with you?
Thanks for the welcome!

Ill throw out a couple guesses:
1) it's a way to help ensure fewer future problems with soil remediation. They might think that homeowners would tend to take the settlement money, cut & grind the trees, and leave the problem in the ground. (now I realize they are only offering to repair the soil directly under the affected plants/trees)

Or 2) it's a "team" building exercise so the LCO feels good enough with the resolution to continue using DuPont products. Maybe that's working. Maybe this is why it seems that many LCOs are suggesting the offer be accepted. It's also "quick" money for them to repair this mess.

I think the homeowner should be able to make those decisions. They have to live with the results and obviously are the ones to care about their property values.
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  #487  
Old 08-03-2012, 10:43 PM
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cindyb cindyb is offline
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Join Date: Jan 2008
Location: KY
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Hi Longshot,

Its so nice to have this information available so we can make an informed decision. Sounds like you've done your homework.

Its been over a year for me so alot of time to study and decide what's best for my yard.
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  #488  
Old 08-03-2012, 11:07 PM
Starbuy Starbuy is offline
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Location: Summit County, Ohio
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I think your second guess is closer to the truth. In fact, I was told our compensation money that they want to give to someone else isn't enough to actually do the full soil, tree, root removal that actually needs done if we want to plant in the same spot. In fact, DuPont rep even told me they'll more than likely just grind the stump. When I said that was unacceptable and that I'd never get to plant in the same places again which permanently hinders my privacy and landscape design, she said "well that's why we give you 15% more." I rejected that. Also was told by a Davey Tree arborist that the amount they are seeing isn't enough to do the job properly.


Quote:
Originally Posted by Longshot View Post
Thanks for the welcome!

Ill throw out a couple guesses:
1) it's a way to help ensure fewer future problems with soil remediation. They might think that homeowners would tend to take the settlement money, cut & grind the trees, and leave the problem in the ground. (now I realize they are only offering to repair the soil directly under the affected plants/trees)

Or 2) it's a "team" building exercise so the LCO feels good enough with the resolution to continue using DuPont products. Maybe that's working. Maybe this is why it seems that many LCOs are suggesting the offer be accepted. It's also "quick" money for them to repair this mess.

I think the homeowner should be able to make those decisions. They have to live with the results and obviously are the ones to care about their property values.
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  #489  
Old 08-04-2012, 09:45 AM
csterno csterno is offline
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Join Date: Jun 2012
Posts: 7
I thinks it's a combination of both. My LCO made it sound that the amount for removal was more than what they would've charged (by quite a bit) so I got the impression it was a payoff for putting up with all of this. In retrospect I'm not sure if they were aware of everything they needed to do for proper removal. I think DuPont wants to control this so that no one can come after them after the fact if it wasn't done properly. I personally think we should be able to pick who does the work though.

Quote:
Originally Posted by Starbuy View Post
I think your second guess is closer to the truth. In fact, I was told our compensation money that they want to give to someone else isn't enough to actually do the full soil, tree, root removal that actually needs done if we want to plant in the same spot. In fact, DuPont rep even told me they'll more than likely just grind the stump. When I said that was unacceptable and that I'd never get to plant in the same places again which permanently hinders my privacy and landscape design, she said "well that's why we give you 15% more." I rejected that. Also was told by a Davey Tree arborist that the amount they are seeing isn't enough to do the job properly.
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  #490  
Old 08-04-2012, 10:33 AM
Longshot Longshot is offline
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Join Date: Jul 2012
Location: Pittsboro, IN
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Quote:
Originally Posted by cindyb View Post
Sounds like you've done your homework.
This forum has made it easier. I have read this thread word-for-word 3 times through. Thanks to everyone for their participation. Thanks to lawnsite.com for giving us a small corner to grow a useful support group for this disaster.
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