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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

    Maybe I misunderstood, but I thought in the letter 'counsel' sent he summarized that settlements were not much different from original resolutions offered by DuPont..?? I think he said it did not include major soil remediation or anything else. One difference, I think, is that all payment was to be made directly to the claimant, rather than part to a tree service of their approval. Did I understand that right?
  2. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    Keep in mind i'm not an attorney, however I see little change to the resolution process already in action. You get the money for the vegetation damage, the removal costs and the 15%. The tree height payout chart matches what my settlement offer was. Tree Height link
    The removal costs are also on chart by total trees removed with some travel $ thrown in for the removal company. Removal Cost Link

    As far as property value loss, soil remediation, future health claims etc, It's not in there. That will be up to your counsel if you opt-out. I'm not really sure what this settlement settles. I guess they legally have to do something now.

    Timeline looks like this:

    10 days after Agreement Submitted to Court for Preliminary Approval Order
    CAFA Notice Deadline (III.K)

    40 days after Preliminary Approval
    First Issuance of Direct Notice

    95 days after First Issuance of Notice
    Opt-Out Deadline (IV.C)
    Notice Completion Date (IV.B.5)
    Claims Deadline (II.E), (III.D.5)
    Request to Appear Deadline (IV.E)

    5 days after Opt-Out Deadline
    Claims Administrator To Provide Opt-Out List to DuPont (IV.C)

    21 days after receipt of Opt-Out List
    DuPont Termination Deadline (IX.A)

    14 days after DuPont Termination Deadline
    Motion for Final Approval Deadline (III.M)
    Fee and Expense Application Deadline (III.M),(VII.B)

    14 days after Motion for Final Approval Deadline
    Objection Filing Deadline (IV.D)

    14 days after Objection Filing Deadline
    Objection Response Deadline (IV.D)

    30 days after Receipt of Notice Becoming Final or 30 days after Receipt of CRA, whichever is later
    Deadline for Filing a Notice of Intent to Appeal

    It looks like we are 135 days from the opt-out deadline.
    Last edited: Oct 28, 2012
  3. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    Are we talking about the same class action suit?

    IN RE: IMPRELIS HERBICIDE ) Case No. 11-2284-GP
    ________________________________________________) JURY TRIAL DEMANDED

    If you review this 85 page doc (and you can by typing in the case number in your browser) in sect VII. Relief requested: compensatory damages,statutory damages and treble damages, punitive damages- are these issues not addressed?

    Ubetit- are you being represented by Kitchenoff?
  4. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    Yes, that is the case #. Again, i'm not an attorney but it looks like settlement neglected all those issues (and that's one of the problems with class action lawsuits). You will essentially get:
    1. Payment for trees
    2. Tree removal
    3. Tree care/Maintenance
    4. additional 15% payment
    5. Warranty to May 31, 2015
    6. Appeal process

    I am not represented by Kitchenoff
  5. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    Completely perplexed why any attorney representing Imprelis plaintiffs could not do better than what Dupont was offering even though it is a class action- someone please explain that point.
  6. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I thought I read the compensation for the removal costs are paid to a company by DuPont instead of directly to the one actually damaged? But, doesn't matter much anyhow since this settlement does not seem to address many of the concerns I've had from the beginning. Looks like I'll be opting out as expected. Lame settlement is unacceptable.
  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Even DuPont's resolution site explains that those who might retain an attorney to pursue on their own may find higher compensation than what the direct resolution offered. At least they were upfront about that. Some probably thought it would be easier or less time consuming, but I don't think so from the experiences I've read from others. But, whatever people are satisfied with is what they should go with. I can't afford to come up short. It's my property and I have to live here.
  8. PapaD

    PapaD LawnSite Member
    Posts: 32

    So, if you are part of the class action suit, you get basically the same as you would get through the claims resolution process, except that the lawyers take their cut. Sounds like a great deal - where do I sign up?

    Why would the parties to the class action suit agree to this settlement? Am I missing something?
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    I'll be opting out. I have one property in this world, it has been damaged greatly and yet this offer doesn't cover all my loss.
  10. Ubetit

    Ubetit LawnSite Member
    Posts: 39

    Dupont will pay the attorneys in this class action, they won't get a cut out of your settlement. With your own counsel, they may take 30-40% of your settlement. That's one of the things you have to weigh. If you have been offered $20k through dupont, you now need $30k to break even with your own counsel if they charge 30%. I'm more concerned about damage to property values, long-term effects, soil remediation, ancillary expenses and less about my actual trees.

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