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

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

  1. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Filing against the LCO is kind of like suing a doctor because the pharma company made bad medicine, but I've heard some cases where the LCO tried to cover up facts after the news was out and comvinced clients it was bug damage and then removed the evidence. If true, that would be something different and the victim could have 2 cases. If it was me I would discuss with more than one attorney to get a better sense of direction. I spoke with many attorneys before I retained the firm I have now.
     
  2. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Hello Dan B. and welcome to the forum. IMO, the offer DuPont gave you is insulting to say the least. Disgusting. Do you have any other plants on your property that are within 100 yards of where Imprelis was used? Reports have shown damage occuring even that far away and more due to slope of ground and where the water takes Imprelis. Plus, studies are showing it is still in the soil, so soil remediation compensation is very important unless you never plan to replant. If you don't find a law firm close to you, if that is what you prefer, then I'd still call Wright & Shulte to see what they recommend. They told me they are working on cases in many states, not just Ohio and surrounding states, and are working with a large team of arborists and scientists to send them to properties. If you're more comfortable dealing with a local attorney near you then tell them. They'll point you in the right direction I'm sure. But, if you don't want lumped into the large class action case, check how your local attorney would proceed with your case and what the commission fee is and other fees. I had big local firms that came to my house wanting me in the main class action, but I wasn't happy with certain things in their retainer contracts. Then, went with Rick Shulte and have been comfortable with them.
     
    Last edited: Aug 24, 2012
  3. redcabo7

    redcabo7 LawnSite Member
    Posts: 18

    Starbuy-Thanks for the information. Besides oak, maple and scraggly choke cherry trees of which all ok these are within and around my property, I do have other plants and 3 additional evergreens that were planted after the Imprellis was applied (but before I knew of the issue). I have been carefully watching my plants but so far so good. The arborist stated oaks were affected as well so I am keeping a very close watch on them.

    My rejection letter will be submitted the beginning of the week and in there full replacement will be included. The company that quoted me replacement advised me they are on Dupont's authorized replacement list for this issue. They state it is very slow and that they have been bidding on quite a few these days but still waiting on nearly all of them. This company did include soil treatment in their quote. Dupont includes 2 year warranty on replacement trees as well (or so they say). If they do the right thing and replace my trees and warranty them for 2 years I cannot complain. I should be ok with my other trees as the slopes are in my favor. If Dupont doesn't want to do the right thing then add me to the lawsuit list.

    Again Starybuy Et Al, thank you for input and a great forum!
     
  4. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I heard that the condo developement near me who had the same LCO as my neighbor, and therefore a lot of Imprelis damage, just went along with the LCO about DuPont's resolution offer and only got $75,000. They seemed to have no idea how much of a rip off that is. Ignorant board members. Feel bad for the homeowners, because I know one of them knew how much damage they personally suffered and it was thousands just for them. The LCO is quite happy since he gets more $$ direct from DuPont for the removal process. They think they can replant. They did not investigate.
     
  5. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Just keep in mind that if you don't hear back from DuPont with an acceptable offer, that you have a time limit on when you can file suit. Statute of limitations may be only 2 years from the time of the Imprelis application, so if that was May 2011 you may only have another 9 months to file. But, check with an attorney in your area to check on how long you have. I can see why DuPont is dragging their feet with some who haven't decided yet; letting the clock tick down.
     
  6. redcabo7

    redcabo7 LawnSite Member
    Posts: 18

    I understand what you are saying but they are dragging their feet to get the first agreement to all of us. So in my case I received the original agreement July 31, over a year after the application of Imprelis. But my rejection gives them 60 days to get the check in my hands or legal will be taken. Either they want on claim off their hands or they don't care. Guess we will see.
    Posted via Mobile Device
     
  7. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    :)

    Curious to what soil treatment is?

    Didn't they give you 30 days to respond?

    I'm taking more pictures tonight, more plants and trees are dying. Starting to think everything was affected, some just takes longer to die.
     
  8. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Please let us know their response about honoring a payment deadline. They ignored mine, but that doesn't mean they haven't changed now that they have more suits coming against them with more damage discovered and costlier options of settlement. Sounds like you've got a plan and that's good.

    Also, I agree CindyB that the damage isn't totally visible yet with our other plants. I noticed some things, such as viburnum, did not bloom right. Something weird is happening to many other types of plants besides trees and shrubs. Sure hope I don't lose my big maples in years to come or discover they are stunted.
     
    Last edited: Aug 27, 2012
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    DuPont gift bolsters $132M 'gamble' at University of Delaware. http://www.delawareonline.com/artic...-132M-gamble-UD?odyssey=tab|topnews|text|Home

    I wonder if they'll study Imprelis. Ha.

    Of course, UD is basically in DuPont's backyard. I'm so glad my case won't be heard in a Delaware court. Basically, Delaware is DuPont.

    BTW, when you sign DuPont's direct resolution agreement you are also agreeing to arbitration in Delaware if you have any problems in the next two years with non-fulfillments of digging, soil remediation, plantings or further damage. I wonder why they want arbitration to take place in Delaware? Hmmmm.
     
    Last edited: Aug 27, 2012
  10. redcabo7

    redcabo7 LawnSite Member
    Posts: 18

    Starbuy-I had a lawyer review my rejection letter which he believes is dead on but I agree, who knows what DuPont will do. I have spent countless hours writing this letter and as the lawyer stated, it's not as if I am pulling numbers from a hat; I have written facts/dollars but of course these are not DuPont's biased facts/dollars.

    In the letter I provided DuPont with 2 options of which either will take care of my situation where I will waive my rights for further suit but I am very, very clear of DuPont's responsibilities. I will try to stay positive with resolution but to cover my end my letter closes as follows (kind of gives you a flavor/tone for the letter):

    "DuPont is required to fully agree to and provide Property Owner with either SETTLEMENT OPTION 1 or SETTLEMENT OPTION 2 (including payment to property owner) within 60 days of this document. Final settlement not received within the required terms will result in legal action therefore property ownerÂ’s rights will not be waived."

    We shall see!
     

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