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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. PapaD

    PapaD LawnSite Member
    Posts: 32

    With CRA's being received on a regular basis, i wonder if some of those who have retained an attorney can let the rest of us know how that is going. Have your attorneys gotten any concessions from DuPont regarding the terms and conditions that are included in the CRA's? Are you seeing that DuPont appears more responsive to your attorneys or are they having the same communication roadblocks that we are getting directly from DuPont?

    The attorneys that I have talked to tell you that they have a relationship with DuPont, so DuPont is more responsive to them. However, when I ask for some details, they seem reluctant to discuss an actual case history on a claim. I have not seen any comments on this forum of what the attorneys have accomplished for them. Are there any concrete benefits that have been realized by using an attorney? Any comments would be appreciated.
     
  2. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    PapaD, most will be reluctant to disclose to the public the proceedings of actual cases except what has been issued to the public such as our damage (which is visibly seen by the public everyday) and reports issued by news agencies, scientific studies and such. However, if someone's case goes all the way to a court verdict then I understand the media can make public all the public records of what was brought to light in court. Settlements usually come with strict hush rules. I'm speaking in general as far as my understanding. I'm not an attorney.
     
  3. michiman

    michiman LawnSite Member
    Posts: 43

    In the only other specific Imprelis claim I am personally aware of, Dupont did accept the counter proposal that included paying the claimant directly for tree removal as opposed to paying the service provider. As of about a month after his acceptance, he had not received payment and he's been away for a while so I have not had the opporunity to talk to him since. He was being told six weeks... hopefully he has already seen a check. I'll update as soon as I can.
     
  4. RRHAMMONS

    RRHAMMONS LawnSite Member
    Posts: 142

     
  5. agrostis

    agrostis LawnSite Silver Member
    Posts: 2,250

    I don't understand why you people are waiting on a settlement from Dupont? They are going to do everything they can to minimize their exposure on this. I would be suing and probably winning.
     
  6. michiman

    michiman LawnSite Member
    Posts: 43

    Not sure I understand your thinking. We will have to wait for Dupont whether we end up in court or not. As a matter of fact, I'm weighing the option of hiring an attorney. I actually expect my timeline for a resolution to increase if I decide to go the court route. My final determination on hiring a lawyer will be based on whether I can come out ahead after paying the legal fees. Unfortunately, to date, they either don't want to take the case or don't call me back. Over three weeks of calls has lead me to the conclusion that I am no more important to attorneys than I am to Dupont.
     
  7. PapaD

    PapaD LawnSite Member
    Posts: 32

    At this time, there is no evidence that those who have chosen to retain an attorney are any better off than those who are still dealing directly with DuPont. That is why I previously asked if those who have an attorney could provide the rest of us with some information regarding their status that would give us some impetus to retain an attorney. So far, I have not seen any response that would make me think that they have improved their status by retaining an attorney.

    My understanding is that the attorneys are getting 35% and more off the top. And you are paying expenses, such as their arborist, out of your share. If that is correct, why rush to an attorney now, when I can wait to see what DuPont offers and then make the decision.

    Another question - when the proposed settlement of the class action suit is approved, will those who have an attorney and are suing separately have the option of participating in that settlement? If they do, what happens to their separate attorney regarding legal fees and expenses? If they do not have that option, their road to getting paid could get even longer.

    All in all, even with the frustrations of dealing with DuPont, I prefer to keep open as many options as I can, especially when there does not appear to be any immediate benefit for me to retain an attorney at this time.
     
  8. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    PapaD, I did the same thing and waiting to see what DuPont's offer was going to be and then decided I was better off hiring legal help even with paying fees due to way more damage and future unknowns. Each case is different. You can only receive so much help on a public forum like this. I'm sorry I can't give you more specifics. Maybe you'll be satisfied with Duponts offer and won't need an attorney.
     
  9. agrostis

    agrostis LawnSite Silver Member
    Posts: 2,250

    I am just going by what i'm reading. I don't have imprellis damage so i don't know what's involved in all of this. I just wonder why you have to wait. Thank's for answering.
     
  10. agrostis

    agrostis LawnSite Silver Member
    Posts: 2,250

    I understand. Thank's for answering.
     

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