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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. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    If you have filed suit with the Schulte group, I was told that there was a hearing in Philadelphia yesterday--big one with about 9 lawyers from the former, and probably the big-shots at DuPont. Don't know results of that or anything yet.
  2. anyway

    anyway LawnSite Member
    Posts: 30

    i have not lawyered up with anyone yet,still waiting on my claims agreement that was suppose to be here months ago to see what they offer,the thought has been on my mind,i just don't want to be in class action suit...........
  3. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    Ours is individual--not class action. There is a large group of attorneys, however.
  4. PapaD

    PapaD LawnSite Member
    Posts: 32

    Just to add to our frustration, DuPont sent our settlement offer to our property manager by UPS and it was returned as non-deliverable. We then got a call from our DuPont representative to explain this. She was asked to send it directly to us and stated that she could not do that?????? We had our property manager call her the next day, 9/13, to confirm the address. Her voice mail said that she was out of the office until 9/19.

    I then called the general phone number and talked to a general representative to explain that we did not want to wait until 9/19. she said that she would try to get someone else to handle it. To their credit, we did get a call today, 9/14, asking to confirm where we wanted the package sent. we gave them the info and hopefully will have their offer early next week - I am the eternal optimist.

    I have read through every post on this forum and do not have much hope that their offer will be acceptable. I will post when it is received.
  5. PapaD

    PapaD LawnSite Member
    Posts: 32

    One more thought - has anyone gotten to a point where they think that their law firm has made any progress in negotiating with DuPont?
  6. anyway

    anyway LawnSite Member
    Posts: 30

    The city of Birmingham and DuPont have agreed to a settlement in the amount of $192,046.55 over the loss of 27 trees that were damaged from the herbicide Imprelis.

    “We are amongst many citizens throughout the country who also filed claims against DuPont,” City Attorney Tim Currier said. “It was determined by the FDA that Imprelis was killing trees.”

    City commissioners approved the settlement Monday. Currier said all the damaged trees were identified at the city's two public golf courses: 12 at Springdale and 15 at Lincoln Hills.

    Several of the trees are fully mature and over 40 feet in height. Currier said DPS workers first noticed the trees were deteriorating in 2010, particularly the evergreens, the same year the city started using Imprelis at the two golf courses.

    Currier said it didn't take long before similar complaints were registered, prompting DuPont to pull Imprelis from the shelves and set up a claims process for anyone using it. The city filed its claim fairly quickly.

    City Commissioner Tom McDaniel asked if the city's settlement compares favorably to similar negotiations going on around the country. Currier indicated it's very fair.

    “We went at them full bore right out of the gate,” he said at the meeting. “Other people were still trying to accumulate information — we actually got experts lined up from Michigan State University who knew about the Imprelis problem. So when they (DuPont) contacted us, they knew the city was loaded for bear.”

    On its website, DuPont said the problems are being reported primarily in Michigan, Minnesota, Indiana, Ohio, Pennsylvania, New Jersey and Wisconsin. The website said the herbicide seems to affect Norway spruces and white pine, but acknowledges there has been reports of problems with other species.

    The site also claims the herbicide poses “minimal risks” to people and pets. Currier said the city and its team of experts from MSU held numerous discussions with DuPont about any possible health concerns, since the Rouge River runs through Springdale and there's a pond at Lincoln Hills.

    The settlement pays for maintenance of any new trees and care of remaining trees that show any signs of damage up to Dec. 31, 2013. DuPont also agrees to pay a 15 percent premium for accepting the settlement.

    By entering into the settlement, the city also agrees it won't enter into any class action lawsuits pertaining to the herbicide. Currier said the settlement does not preclude any individual from filing his or her own claim.
  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Here's an interesting article from the investment site Seeking Alpha:

    Written by Christopher Bayliss

    "Two more pressing issues are the Imprelis and Monsanto situations. The Imprelis situation is worrisome on a couple of fronts. The losses threaten the company's profitability, as the company has already experienced costs of $315MM YTD and these could go as high as $575MM. This does not include class action lawsuits that have been filed. Although payment directly to those affected would appear to reduce this risk, legal boundaries are hazy. The company states that they are seeking reimbursement from their insurance for claims above $100MM; this area is once again hazy, given that they are trying to get reimbursement for making a faulty product. The Imprelis situation contradicts DuPont's strong record of chemicals across industries. Management's handling of the situation is also troubling, as they just recognized the problem in their 10Qs and said nothing in their recent 10K. I don't think there is any way to spin this positively. Long term, I do not think this is a major cause for concern. This amount of money does not jeopardize their long term cash flows significantly, especially given the possibility of insurance claims and the ability of their lawyers. Lawsuits for faulty products are somewhat commonplace in the agriculture industry. DuPont has experienced them before, and Monsanto has been in numerous suits and has still prospered. Yet one should keep an eye on this." - Christopher Bayliss, Seeking Alpha (accessed Sept. 17. 2012)
  8. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    Wow, had to read that a couple times. Who is next on their list, the EPA for approving it?

    More wow. Glad they can still prosper while everything in my yard is dead or dying. My Spruces are turning pink and dropping needles. We usually decorate for Halloween with zombies and big blow ups but there are so many sharp needles in the yard, I don't think they would last without getting holes in them.
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    You gave me a great idea for a really scary scene for Halloween at any of our Imprelis properties. Decorate yards with scary signs "Toxic Spill", "Danger" (skull), "Beware of Mutants", "Zombie Trees courtesy of DuPont's Imprelis", "Enter Yard with Caution", tombstones in front of each tree and shrub with year planted (birth) and when Imprelis was sprayed on the lawn (death). "Trick or Treat? I was tricked; look at my trees!"
  10. PapaD

    PapaD LawnSite Member
    Posts: 32

    Might as well have some fun with it! Better than crying.

    Maybe a contest - everyone can take a picture and post it on this forum. Winner gets to actually talk to someone at DuPont who can give a non-scripted response as to when payment would be made.

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