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

Discussion in 'Homeowner Assistance Forum' started by Starbuy, Feb 27, 2012.

  1. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    "Grass" Blade Trinity - I love those movies

    Good news I guess, the weeds under my dying trees are starting to wither and die. They weren't sprayed, it finally drifted that far, my unexpert opinion, of course since I'm not a scientist.

    vampire-movies-blade-trinity-21244964.jpg
     
  2. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Here's the link to the case against DuPont (Master Class Action Complaint). It is 85 pages long so enjoy. :dizzy:
    I'm using one of the law firms listed, but I'm one of hundreds that will be objectors and therefore may jeopardize a class settlement (only takes about 5% I believe to object and throw a wrench into the cheaper for DuPont class settlement) and so lots of annoying individual cases coming Dupont's way. Wouldn't want to be 'em.
    http://www.starrausten.com/latest-n...ont_imprelis_class_action_filed_complaint.pdf

    Some of the key complaints against them that so many of us have been saying on here are in these pages:
    FACTUAL ALLEGATIONS .......................................................................................... 20
    A. DuPont’s Development of Imprelis and the EPA’s Conditional
    Registration .............................................................................................. 20
    B. DuPont’s Marketing and Sale of Imprelis ............................................... 22
    C. Reports of Damage Caused by Imprelis .................................................. 26
    D. Analysis of Damage Caused by Imprelis ................................................. 36
    E. DuPont’s Inadequate Testing Of Imprelis ............................................... 40
    F. DuPont’s Failure to Warn ........................................................................ 40
    G. Imprelis’ Defective Design ...................................................................... 43
    H. DuPont’s Inadequate Response................................................................ 44
    I. DuPont Attempts to Shift the Blame ....................................................... 44
    J. DuPont Suspends The Sale Of Imprelis................................................... 48
    K. The EPA Orders DuPont To Cease Sales of Imprelis.............................. 49
    L. DuPont’s Scheme To Defraud ................................................................. 52
    M. DuPont’s Misrepresentations And/Or Omissions .................................... 54

    CAUSES OF ACTION
    COUNT I VIOLATIONS OF THE DELAWARE CONSUMER FRAUD
    ACT (6 Del. Code §§ 2511-2526) (Brought On Behalf Of The
    Property Owner Class And The Lawn Care Professional Class) ............. 58
    COUNT II VIOLATIONS OF STATE CONSUMER PROTECTION LAWS
    (On Behalf Of The Property Owner Class, The Lawn Care
    Professional Class And The Property Owner and Lawn Care
    Professional State Subclasses) ................................................................. 60
    COUNT III BREACH OF WARRANTY — EXPRESS WARRANTY (On
    Behalf Of The Lawn Care Class, The Lawn Care Professional
    State Subclass, And The Ohio Property Owner State Subclass) ............. 64
    COUNT IV BREACH OF WARRANTY — IMPLIED WARRANTY (On
    Behalf Of The Property Owner Class, The Lawn Care Professional
    Class, And The Property Owner and Lawn Care Professional State
    Subclasses) ............................................................................................... 67
    COUNT V NEGLIGENCE (Brought On Behalf Of The Lawn Care Plaintiffs,
    The Property Owner Plaintiffs And The Class(es)) ................................. 69
    COUNT VI STRICT/PRODUCTS LIABILITY — FAILURE TO WARN............... 71
    COUNT VII STRICT/PRODUCTS LIABILITY-DESIGN DEFECT ........................ 73
    COUNT VIII NUISANCE (Brought On Behalf Of The Property Owner State
    Subclass) .................................................................................................. 75
    COUNT IX TRESPASS (Brought On Behalf Of The Property Owner State
    Subclass) .................................................................................................. 76

    CONTENT FROM:
    http://www.starrausten.com/latest-n...ont_imprelis_class_action_filed_complaint.pdf
     
  3. patchoulipal

    patchoulipal LawnSite Member
    Posts: 21

    Starbuy,

    Why did you not tell us what your $ offer was in your settlement resolution? Please refresh on how many trees and what the offer actually was.
     
  4. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    My feeling is the amount of the offer was meaningless since they could have offered me 5 times more and based on the fact the offer has no legal teeth I'd have to reject it. When I discussed it with them they are simply not willing to place in writing that I would be guaranteed to receive the compensation within a set timeframe, not months, not years. Also, they have it worded so that they can make payments instead of one lump sum. On top of that they are unwilling to send me all the compensation but want to take part of MY compensation for the damage and give it to a thrid party for tree removal. No way. And, the amount didn't include the progression of more death to more trees and plants that were not beyond a category 2 at the time of the last visit. So, the mount simply has no meaning. I used to want to know how much people were being offered to get an idea on how much to expect, but now I realize it doesnn't matter since the amount I'll get through litigation (or real settlement) is a WHOLE lot more. It's no wonder that when they called me to notify me that the offer would be sent to me in 1 to 3 weeks that they quickly sent it overnight when I told them that it was probably going to be too late since I was considering retaining legal counsel. I was very nice on the phone and laid back, but they know the money difference is big and rushed this to me. Their offer is a waste of time for my case. I have a lot more expenses now and they won't budge on certain things. I'm done with their process.
     
  5. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    My attorney has given me some clearance to pursue doing some media on this issue in my area of Ohio, so I may do so unless others beat me to it. Seems there's more Imprelis stories getting attention in a variety of states through the media and more are finding out. There are some people who have watched their plants dying this year and are just finding out now what is causing it. Seems like most of the LCOs that are members here were good about notifying all their clients about the potential Imprleis problems once they realized, but unfortunately there have been some very bad LCOs that tried to hide the facts. One even told their clients that the damaged trees were from insects and convinced them to allow removal before the homeowners found out it was from Imprelis. Can you imagine the lawsuits that guy is facing?
     
  6. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    I thought the same thing, can you imagine not being honest and your clients finding out? I would think that would be a reason for a lawsuit against the lawn company. Big difference in knowing and telling and knowing and hiding it.

    Just came inside, was looking at my Weeping Willow. Its turning brown and curling and dying from the bottom up. Something else I noticed, we have no frogs this year. Was always taught frogs were the sign of a healthy environment.

    Todays the 12th and nothing from Dupont. My hubby doesn't want to hear about it cos its depressing to watch everything we worked so hard to plant and nuture, die.

    I read the 85 pages and Kentucky has a golf course in the suit. Not much on our news, yet.
     
  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Cindy, the sudden lack of frogs this year in Imprelis damaged yards is something that should be studied. We have noticed the same thing with our property and my neighbor's property which was the one where Imprelis was used May 2011. We both have ponds and have always had frogs and toads making their sounds at night which was enjoyable and soothing. This year it is silent. This is very strange. We also have lost many of our favorite birds who have called our property home each summer and made their nests in what used to be thick trees which are now dead. They came back after winter only to find they can't live in those trees anymore, so they are gone. It's amazing how different animal species become affected when their habitat is damaged by such a blunder as Imprelis. This is just one more facet of our enjoyment of our property, besides the obvious visual landscape effects, that needs addressed in court for each case DuPont will face going forward.
     
    Last edited: Jun 12, 2012
  8. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    "Lake County forest district gets $836,000 settlement over herbicide claims"-

    DuPont will pay the Lake County Forest Preserve District in Illinois more than $835,000 to compensate for trees either killed or damaged last year by use of Imprelis at both the Brae Loch and Countryside golf courses. 113 trees to be removed.

    This settlement allows the district to collect all the compensation, including removal cost, which is different than the way DuPont is treating homeowners who they are trying to force into using the DuPont contracted LCO or Davey Tree for the removal.

    http://www.dailyherald.com/article/20120612/news/706129675/

    http://newssun.suntimes.com/news/13146008-418/county-to-be-reimbursed-for-dead-damaged-trees.html
     
    Last edited: Jun 13, 2012
  9. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Star, did your plan say what the care program consisted of for damaged trees? I was told by the arborist if they took it up into the roots, they would die. Same as in that suit you linked. If there was something I could have been doing, would have been nice to know a year ago.

    Still no offer, I just watch the original trees get more crispy and new damage come up on the others. I called the hotline and I'm still in the final stages and then I have to counter offer with the additional damage and wait again and then no timeline for when I would get my checks.

     
  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    The 'care compensation' for trees and shrubs that were listed on the site visit as category 2 or 1 is a joke. I only had one listed that way since all mine are toast (not including others now showing damage that were not evaluated in the last visit), but that one had no hope of recovery to begin with and has since gotten worse. Even the Davey Tree arborists that was hired by Stericycle on behalf of DuPont in September said all of them need replaced since none would make a recovery. I'm not even going to bother wasting my time to counter their offer unless the attorney recommends it and I somehow doubt they would recommend. Plus, they didn't want to compensate for any other trees that may become affected in the next 2 years, but only to hire someone to come out and remove and replace (with smaller if they are full grown big trees-not sure how they would try to compensate). At least that's the way the offer reads to me. The whole thing is a cheap-junk-lowball-no legal recourse for me if they don't pay in a set time - type offer. Complete rubbish. If a few folks are getting some checks who accepted and were happy with the low offers then good for them since they are easily satisfied. Some don't feel much impact; like one couple who had 2 devil strip trees that were planted by the city. They accepted the offer and in the meantime the city had already removed them, ground the stumps and replaced with smaller trees next to them. I wonder how long those will last. That couple seemed happy, but still haven't gotten a check yet. But, they just paid under $50 to the city for each tree and they're done with it and now waiting for the small compensation. Hope they get it.

    Those of us with more damage and migrating damage are not done adding up the costs as more plants are affected. And DuPont wants my counter offer in 30 days?! I just discovered that the Imprelis has now spread under my driveway and is migrating to my rose garden. The hedge of boxwood around the rose garden now is showing damage and places that have no new growth. Those took years to grow and form a formal solid square hedge around my rose garden. I kept them trimmed to create 90 degree angles and an even flat top. The next migration point will hit my 60 foot red maples and huge Austrian pines. I really hope that doesn't happen. There's just no way I could ever sign their offer since I've got some serious migration still occuring. Summer is just getting started. From what I was told, DuPont's own research submitted to the EPA shows potential half life in soils, where sunlight doesn't penetrate, for possibly 19 years.
     
    Last edited: Jun 13, 2012

Share This Page