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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

    Remember that the class action does not take the treble laws into account. It should also allow for attorney's fees.
     
  2. cindyb

    cindyb LawnSite Senior Member
    from KY
    Posts: 354

    "I'm more concerned about damage to property values, long-term effects, soil remediation, ancillary expenses and less about my actual trees". Exactly. If I try to sell, I have to list that it has tainted soil, who wants to buy something like that? I wouldn't. Right now my yard is horrible, dead trees, dead bushes, pine needles everywhere and with the hurricane moving in, the wind will be bringing down more branches and needles.
     
  3. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Wisely stated. Before I retained the firm I have, this is the thing I weighed carefully. As I went through the direct resolution process and as I learned more about how much damage was done and is still doing to my property, it's value and it's future value, plus knowing I had more damage than what DuPont's hired arborist stated, it became clear that even paying 30% from a individual settlement or judgement would be better than accepting DuPont's offer. If an attorney can't do better even with me paying the commission then they're not doing their job. Each person must decide how much they have suffered or might suffer and if DuPont's offer is sufficient to compensate for that. To have a choice in how one proceeds is good isn't it. Without law, courts, judges and attorneys we wouldn't have much choice would we?
     
  4. anyway

    anyway LawnSite Member
    Posts: 30

    well..........november 1st has came and went,talked to mike brenan from dupont 2 weeks ago after all the confusion,he as well as someone else promised me i would have my "claims resolution agreement" with in 2 weeks,i told them they have until november 1st or i will seek legal council,called him on october 31st to remind him,he said i should have it friday or saturday,due to the storm it slowed things down!!!! i told him "there has been not one storm in the last year that would have affected when i get my cra" now your using an excuse,besides i have never seen ups run on saturday,so that tells me since i did not recieve it today,i won't see it tomorrow either........time to move on
     
  5. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    I just looked up DuPont in wikipedia. There is a very long article about the wonderful things DuPont has done/made, along with a few minor negatives. Here's one:Tax avoidance and lobbying
    In December 2011, the non-partisan organization Public Campaign criticized DuPont for spending $13.75 million on lobbying and not paying any taxes during 2008–2010, instead getting $72 million in tax rebates, despite making a profit of $2.1 billion, and increasing executive pay by 188% to $27.4 million in 2010 for its top 5 executives.[46]

    Imprelis is way at the bottom of the article and gets about 1 1/4 line.

    Maybe one of us could contribute to the article???
     
  6. anyway

    anyway LawnSite Member
    Posts: 30

    recieved my claims resolution agreement today,they want to pay $3500.00 for a 25ft spruce,$7000.00 for a 40ft spruce,$90.00 each for 2 yew (taxus)bushes which i removed in march cause they are ugly,then a recommended care program for 2 more yew (taxus) at $110.00 each which were also removed in march,total compensation is $11,200.00.they are paying lco $2,450 for tree removal which i will not get in check,but all added together brings my 15% additional comp to $2047.50..........so 2,450+10,680+300+220=13,650+15%=2,047.50=$15,697.50-2,450 to lco for taking trees down =$13,247.50 in my pocket.....now,do i have a lawyer look this over,i have plans to sell house and want to be protected,along with any other future problems that may arise if we decide not to sell,health related,our well water,etc...or maybe i could be awarded more damages,the offer seems close to fair and would like to accept,like i said before,bought the house a year ago,inherited this problem,wanted the trees cut down anyway,just so happens a weed killer killed them and got them removed for me plus money,but am concerned about the future and by signing it releases dupont for any future litigation........any suggestions helpful,i think i will have an atty look over everything just to be safe......thanks
     
  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Hello Anyway, you are wise to consult a good law firm on this matter. Glad to see you aren't shortsighted and realize there may be great financial pain ahead that you need to investigate further with the help of a good attorney. We know scientists are still studying the longterm effects of this destructive chemical. Property value loss is a big thing not addressed in the settlements I'm hearing about, nor in mine. It is real. Then, disclosing to a potential buyer that the toxin was in or could still be in your property is another financial pitfall we may encounter. And, what of any responsibilities placed on us in the future by local authorities or the EPA if they decide owners must do more to remove the toxin or stop it from migrating into adjacent properties or streams? From what I understand, this is far from over.

    Also, notice any of your other plants that were not evaluated. They may have also suffered hindered growth. Some scientists are collecting leaves and branches from what appear to be healthy trees and shrubs and finding their growth rate was drastically impaired. That's not always visible unless experts do comparisons. I personally believe the damage we see with our human eyes around our properties is just the tip of the iceberg.
     
  8. michiman

    michiman LawnSite Member
    Posts: 43

    Anyway,

    I have not seen a direct response to my real question by others that responded to my original post. I'm deciding whether I want to wait on the long process or just contact an attorney now. Most of my damaged landscape were rated 1 or 2 with a few of the larger trees rated as a 3.

    If you don't mind sharing the info, what were the trees designated for replacement rated? What were those rated that were offered a maintenance program? If I am going to wait months for only a few bucks in maintenance, I'm not wasting the time.

    Thanks
     
  9. anyway

    anyway LawnSite Member
    Posts: 30

    3 of them removed were rated 3,and 1 was rated 5,the rest for maintenance were rated 2,if you have any other ? feel free to ask,the more we learn from eachother the more we can understand how this will work out,still trying to decide if i should sign mine and return it just to be done with it,i have several emails to dupont and messages trying to find out a time frame on a check,so far i have been told by lco 6-8 weeks,mike brenan from dupont told me 2-3 weeks,and some people i see have been waiting months for there payment,just trying to get a for sure answer as if that will happen,for my particular situation i have talked with atty and he said i could just sign it and be done,or i could go for more and extend this whole mess atleast another year,i think i am going to sign it and be done......
     
  10. Longshot

    Longshot LawnSite Member
    Posts: 9

    My Agreement allows replacement for anything 3 and higher. Two and lower offered maintenance.
     

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