With the anniversary of DuPont’s Imprelis recall just two months away, property owners are being warned that their rights to obtain compensation from DuPont for their dead and dying trees may be in jeopardy. According to a proposed Imprelis class action that is currently awaiting court approval, property owners have only until June 28th to either file a claim or opt-out of the class action settlement. It is only by informing the Court, in writing, of their desire to opt-out of the settlement of filing a claim by June 28, 2013 that property owners and other damaged parties will be able to maintain their right to file an individual Imprelis claim or lawsuit against DuPont.
DuPont brought its Imprelis herbicide to market in 2010, boasting that it was “the most advanced turf herbicide in over 40 years.” But it wasn’t long after lawn care professionals started using Imprelis in the spring of 2011 that reports began to surface around the country that trees within proximity of Imprelis applications were showing signs of damage and death. After an investigation, the U.S. Environmental Protection Agency (EPA) blamed Imprelis for the deaths of thousands of mature landscape trees around the country. DuPont announced an Imprelis recall in August 2011, and the EPA issued a Stop Sale and Removal Order for the product that same month.
The cost to replace mature landscape trees is astronomical, and many property owners lost multiple trees to Imprelis. Not surprisingly, the company is facing thousands of claims, and recently, the proposed class action settlement was announced. Approval of the pact could come as soon as this fall.
What remains to be seen is whether or not the compensation provided by the Imprelis class action settlement will be adequate to cover the damage sustained by homeowners. For one thing, severe damage to tees and adjacent vegetation may not occur or become apparent until years after an Imprelis application. Gilman Law LLP believes property owners who sustained losses due to Imprelis are entitled to substantial compensation, including tree removal and replacement with like kind trees (e.g. similar in size), and an unlimited full warranty from DuPont for any future Imprelis tree damage and full remediation.
Some property owners have decided to forgo the Imprelis class action process in favor of filing their own individual claims and lawsuits against DuPont. However, that will no longer be an option once the June 28th court imposed deadline has passed. Anyone who hasn’t either filed a claim or informed the Court of their desire to be excluded from the settlement will no longer have any legal options available for obtaining compensation. And again, those who wish to opt-out must do so in writing before the June 28th deadline.
Gilman Law LLP is currently granting priority status to Imprelis claimants. If you would like assistance exploring the legal options available to you, please contact Gilman Law LLP for a free legal consultation before June 28th by filling out the online form on the left or call Toll Free at 1-877-428-7374.