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

[Ubetit]

Originally Posted by Starbuy

As expected, DuPont trying to move class settlement fast as to get more into the main class action instead of victims going to law firms that are readying and filing more and more individual cases. Remember the DeBeers Diamond Class Action suit that set up a claim web portal? Still waiting on my little claim on that one, but it gets so split up. That one was not worth filing my own case of course. But this Imprelis mess is destroying my property and that means I had to get my own law firm that isn't interested in lumping me in with any class action settlement. Read below:

I guess it depends on what you are interested in. If you don't want to pay a lawyer and want to take the money and run, it will be better for those people. My LCO tells me that many of his clients think the offer from Dupont is fair. These are the people that didn't spend a minute looking into this whole mess I assume. I'm not even sure my LCO is aware of all issues that this chemical may pose. My LCO is not aware that I have retained counsel yet.

[TreeNut]

We've also heard nothing from our LCP and HOA concerning our initial claim. My next door neighbor is contacting the attorney you recommended--he has a row of white pine dying. Looked better last year. I just went out to trim our barberi, and found a little evidence of damage there also. Hadn't noticed before.

[cindyb]

Originally Posted by Starbuy

As expected, DuPont trying to move class settlement fast as to get more into the main class action instead of victims going to law firms that are readying and filing more and more individual cases. Remember the DeBeers Diamond Class Action suit that set up a claim web portal? Still waiting on my little claim on that one, but it gets so split up. That one was not worth filing my own case of course. But this Imprelis mess is destroying my property and that means I had to get my own law firm that isn't interested in lumping me in with any class action settlement. Read below:

PHILADELPHIA - The U.S. District Court for the Eastern District of Pennsylvania judge presiding over the multidistrict Imprelis products liability litigation issued an order Aug. 8 scheduling a hearing in September to consider a motion by DuPont to establish a claim status Web portal on the Internet; DuPont filed the motion July 10 (In re: Imprelis Herbicide Marketing, Sales Practices & Products Liability Litigation, No. 11-2284, MDL 2284, E.D. Pa.

Debeers is supposed to be settled soon. What was supposed to be a % is looking like $626. Done with diamonds.

Originally Posted by Ubetit

I guess it depends on what you are interested in. If you don't want to pay a lawyer and want to take the money and run, it will be better for those people. My LCO tells me that many of his clients think the offer from Dupont is fair. These are the people that didn't spend a minute looking into this whole mess I assume. I'm not even sure my LCO is aware of all issues that this chemical may pose. My LCO is not aware that I have retained counsel yet.

I'm sure the ones that have one or two trees and don't want to replant are ok with the offer. Wonder what happens when they try to sell their home or more stuff continues to die.

Glad I have a good attorney.

[Starbuy]

Cindy, do you have a link about the debeers settlement? I only read the one about the checks going out to the industry claimants first, but can't find information on the consumer part. Sorry, this is off topic a bit.

[cindyb]

http://www.topclassactions.com/lawsu...cks-on-the-way

[cindyb]

and https://diamondsclassaction.com/

[redcabo7]

I have been reading this thread and wanted to provide my facts. Unfortunately nothing good to report but I did get my Clami Resolution Agreement...of course which is not acceptable. I am fortunate my issue is not like others but damage to one or hundreds of trees is unacceptable. This is very labor intensive research and in the end all we want is what we had, healthy trees that will continue to grow and thrive in the conditions we originally planted.

Nov 9, 2011 - Original assessment by my lawn care company

• 3 trees marked impacted (1-Norway Spruce-25ft / 2-Colorado Spruce-15ft)

Aug 1, 2012 - Received Dupont Claims Resolution Agreement for Tree Care (total $530, yes total), not replacement.
Aug 18, 2012-Had a certified arborist evaluate these trees

• 4 additional trees affected by Imprellis
• Arborist stated charcoal will not resolve the issue as Imprellis was applied too long ago. Charcoal will only work if it was caught right away.
• Arborist letter suggested Norway removal and Colorado treatment ($2400 for treatment) (I'm not so sure but they are the professionals)

Aug 22, 2012 - Received third party quote for "proper" tree removal and replacement for all 3 trees ($14K)
Aug 23, 2012 - This one is interesting...spoke to the owner of the company I work for who is also a lawyer. He said to file a lawsuit against my lawncare company. He said they are the one's who chose to use Dupont which included the chemical, not me. He said have them chase down Dupont for the money. Interesting concept he has but I don't feel like I could do that to a local company. Anybody have input on this one?
Aug 24, 2012 - Began writing my rejection letter. I will provide them both the arborist option as well as full replacement. With the arborist, they are still on the hook until Dec 2013 if the trees don't react to treatment (the way they have declined it doesn't look hopeful). With full replacement they get me out of their hair. The letter states these trees without treatment are stressed and are in severe decline therefore I except payment within 30 days of the letter (just as they did to me). I will begin receiving legal counsel prior to the 30 days to ensure I am covered. Anybody who has joined forces with a legal team in Southeast Michigan please let me know.

Hope this timeline and information was informative.
DanB

[jp1216]

First post (home owner only)
Haven't read more that the last 10 pages or so of this thread. I live in NE Ohio.
Received my 'claim resolution' today. 5 spruces (all 15-20ft). One marked for removal. 4 marked for treatment. 3 shrubs also marked for treatment. I also have 4 30ft white pines - but no mention of those. One of which is bad. The other 3 are questionable. My 'resolution' is for $1000 for the removal / replacement of my 1 spruce. $350ish for 'sorry' money. $850ish for treatment of the listed trees.
I'm worried about my pines too. It mentions adding trees to the settlement before 12/2013. Small claim - I'm considering accepting and pushing hard for future claims before the 12/2013 deadline. Advice?

[TreeNut]

Your agreement sounds very low ball to me. I'd go for the individual lawsuit--get info from "Starbuy." Others?

[JoJo1990]

Assuming the LCO followed the Imprelis label (which is the law) and was within all other local laws set forth by their respective Ag departments, why would you go after he or she? A licensed applicator following the government's and product manufacturer's rules and laws...it would seem obvious to go after the manufacturer for making a faulty product.