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

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

  1. anyway

    anyway LawnSite Member
    Posts: 30

    the above was in reference to "redcabo7........apparently i haven't figured out how to reply correctly yet.......
     
  2. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    I believe the statue of limitations in Michigan is three years from date of injury in product liability, not sure about consumer fraud or negligence, injury to personal property is three years and Michigan has a treble law.
     
  3. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I'm glad you mentioned this about drooping branches because I also have a large vibernum that has had terrible drooping all year and it never has done that before (we've had proper rain). The arborist did note the Imprelis related damage looking at the leaves, but I didn't think to tell him that it never drooped like it is. It's been a pain trying to mow around it and yet I still hadn't put two and two together because I've been so focused on looking at leaves for signs of damage. Yet another possible thing to watch for when looking for Imprelis related damages.
     
  4. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    Anyone have any details on the apparent class action settlement
     
  5. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    Was there one? And, if so, it hasn't hit any of the papers. Would love to know the details and how the plaintiffs fared.
     
  6. PapaD

    PapaD LawnSite Member
    Posts: 32

    Where did you see or hear anything about a settlement? It could have a big impact on the rest of us who are either waiting for their offer from DuPont or who have retained counsel.
     
  7. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    My counsel is the one that sent an email about it. I just wanted to see the details.
     
  8. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    Okay, I found it. This DID NOT come from my counsel. You'll need a Pacer Account and they do charge for the reports. I use Pacer to follow Bankruptcy cases. I have the 57 Page Motion in my possesion. Here is the latest Docket.

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    10/19/2012 117 MOTION for Settlement Preliminary Approval of Class Action Settlement filed by PLAINTIFF(S).. (Attachments: # 1 Exhibit Exh. B Declaration of K. Kinsella, # 2 Exhibit Settlement Agreement, # 3 Exhibit Stipulated Undertaking, # 4 Exhibit Exh. 1 Initial CRA, # 5 Exhibit Exh 2 Transitional CRA, # 6 Exhibit Exh 3 Inspection Request, # 7 Exhibit Exh 4 Expense Reimb Request, # 8 Exhibit Exh 5 - Long Form Notice 1/3, # 9 Exhibit Exh 6 Long Form Notice 2, # 10 Exhibit Exh 7 Notice Plan, # 11 Exhibit Exh 8 Proposed Prelim Approval Order, # 12 Exhibit Exh 9 Publication Notice, # 13 Exhibit Exh 10 Track 1 Claim Form, # 14 Exhibit Exh 11 Track 2 Claim Form, # 15 Exhibit Exh 12 Golf Course Claim Form, # 16 Exhibit Exh 13 Non-LCO Claim Form, # 17 Exhibit Exh 14 Schedule of Trees, # 18 Exhibit Exh 15 Tree Payment Schedule, # 19 Exhibit Exh 16 Tree Provider App, # 20 Exhibit Exh 17 Tree Removal Cost Schedule, # 21 Exhibit Exh 18 - Tree Care Program, # 22 Exhibit Exh 19 Damage Guidelines, # 23 Exhibit Exh 20 Tree Rating Table, # 24 Exhibit Exh 21 Limited Warranty, # 25 Exhibit Exh 22 LCO Expense Claim Form, # 26 Exhibit Exh 23 LCO Expense Reimb Form, # 27 Exhibit Exh 24 LCO Payment Schedule, # 28 Exhibit Exh 25 Recall Instructions, # 29 Exhibit Exh 26 Site Verification Form, # 30 Exhibit Exh 27 Golf Course Expense Claim Form, # 31 Exhibit Exh 28 Self Applicator CRA, # 32 Exhibit exh 29 Appeal Form)(KITCHENOFF, ROBERT) (Entered: 10/19/2012)

    10/19/2012 118 Memorandum of Points and Authorities in Support of MOTION for Settlement Brief ISO Preliminary Approval of Settlement filed by PLAINTIFF(S). Brief. (Attachments: # 1 Exhibit Settlement Agreement)(KITCHENOFF, ROBERT) Modified on 10/23/2012 (tjd). (Entered: 10/19/2012)

    10/22/2012 119 AMENDED MASTER CLASS ACTION COMPLAINT. EXHIBITS, JURY DEMAND, CERTIFICATE OF SERVICE. (Attachments: # 1 Cert of Service, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O)(tjd) (Entered: 10/23/2012)

    10/25/2012 120 EXHIBIT First Amendment to Settlement Agreement by PLAINTIFF(S).. (KITCHENOFF, ROBERT) (Entered: 10/25/2012)
    10/25/2012 121 EXHIBIT Corrected Exhibit 3 to Settlement Agreement by PLAINTIFF(S).. (KITCHENOFF, ROBERT) (Entered: 10/25/2012)
    10/25/2012 122 EXHIBIT Corrected Exhibit 8 to Settlement Agreement by PLAINTIFF(S).. (KITCHENOFF, ROBERT) (Entered: 10/25/2012)

    10/25/2012 123 CORRECTED AMENDED MASTER CLASS ACTION COMPLAINT. JURY DEMAND, EXHIBITS, CERTIFICATE OF SERVICE. (APPLIES TO THE CASES LISTED ON COMPLAINT). (Attachments: # 1 Cert of Service, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O)(tjd) (Entered: 10/25/2012)

    10/26/2012 124 ORDER THAT THIS CASE IS DISMISSED WITHOUT PREJUDICE, AND THAT THE CLERK SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/25/2012. 10/26/2012 ENTERED AND COPIES E-MAILED.(APPLIES TO C.A.11-6885)(kk, ) (Entered: 10/26/2012)

    10/26/2012 125 ORDER THAT THIS CASE IS DISMISSED WITHOUT PREJUDICE, AND THAT THE CLERK SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/25/2012. 10/26/2012 ENTERED AND COPIES E-MAILED.(APPLIES TO C.A.11-6884) (kk, ) (Entered: 10/26/2012)
     
  9. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    I've been reading through some of these documents (yes, it gets expensive) and I just laugh. When Dupont is inspecting a property they have to record all vegetation that looks to be damaged, not just the tree and plants pointed out by the homeowner etc. Dupont however doesn't have to revisit any of the previous properties were claims were already filed. Wouldn't that be just about everyone?

    I have the official tree height payment schedule as well as the tree removal cost schedule. It's good to see all these DuPont documents at least.
     
  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Does the class settlemment offer any compensation for the things I know I've suffered such as property value loss, real soil remediation for all ground affected (since we know it migrates and can damage new plants and possibly stunt growth of existing plants not yet evaluated), compensation for the fact in the digging process my utility lines must be removed and replaced, electrician must be hired (that's about $2000 for me not including retrenching or permits), and another biggie... loss of value when/if the state or county makes me declare the toxin to potential buyers in the future if I don't get all the lawn ripped up and soil replaced which of course would mean a total relandscaping of any part of my property impacted by Imprelis. I still don't know how long this will remain in my property.

    Ubetit, do you see any difference in the tree height payment schedule in this class settlement than what DuPont had already been offering? Also, what about the states that have treble laws, any compensation in that regard for those of us in different states? Will a person get the same check from DuPont from this as if they had agreed to the direct resolution, which of course for me is not acceptable? Does it allow the property owner to receive the check for the amount needed for digging, removal and disposal so the homeowner can decide what company he wants on his/her property or is that part still locked to DuPont paying a third party like in the direct resolution? When is the opt-out expiration date? Thanks for any answers you can provide.
     
    Last edited: Oct 28, 2012

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