Lawyers for the plaintiffs say they are expecting between 3,000 and 4,000 claims on the lawsuit. Cuppels, a retired wastewater treatment plant designer, called the state after that first pallet of water showed up at his house along the Indian River. Philadelphia, PA 19102-9479 If you are a Class Member and wish to exclude yourself from the Class, you must submit a request for exclusion in accordance with the instructions set forth in the Notice, and it must be postmarked no later than February 22, 2021. Investigations shined a light on Mountaires many environmental violations over the years, which is now reflected in the settlements 21-year eligibility period. Excluded from the definition of the class are: (1) Defendants; (2) any entity in which Defendants have a controlling interest; (3) any Person with an ownership interest in Defendants; (4) any current or former officer or director of Defendants; (5) any current or former employee of any Defendant for any potential exposure during their employment by such Defendant; (6) Persons who have entered into separate settlement agreements with any Defendant related to claims similar to those claims made in the Action; and (7) the legal representatives, successors, or assigns of Defendants. of Maryland. DNREC spokeswoman Nikki Lavoie said the consent decree had been proposed two years ago but its approval had stalled as a result of the class action case. Theres been more violations and more gross incompetence than any other system Ive seen.. Mountaire Farms is part of Mountaire Corp., an agricultural food production and processing company employing nearly 10,000 people at facilities in five states. Top Class The deadline to file a Supplemental Claims Form is February 20, 2022. YOU ARE HEREBY NOTIFIED, pursuant to Delaware Superior Court of Civil Procedure 23 and an Order of the Delaware Superior Court, that the Court-appointed Class Representatives, on behalf of themselves and all members of the Class, and Mountaire Farms of Delaware, Inc., Mountaire Farms Inc., and Mountaire Corporation ("Mountaire" or the "Defendants"), have reached a proposed settlement of the claims in the above-captioned class action (the "Action") in the amount of $65,000,000.00 (the "Settlement"). It was a fiercely litigated case, the judge noted. Were ready to put this chapter behind us and forge a new relationship with our neighbors moving forward., During the settlement hearing, Mountaire attorney Tim Webster said, This case has been vigorously contested. Decide which cookies you want to allow. Mountaire Farms Parent Co Pollution Class Action Lawsuit Multimillion Dollar Settlement Reached in Mountaire Groundwater In that case, Delawares Department of Natural Resources and Environment Control (DNREC) sued Mountaire Farms of Delaware Inc, a Mountaire Corp subsidiary, in 2018 for violating the Federal Resource Conservation and Recovery Act when in 2017 its wastewater facility failed. All Rights Reserved. Skilled Nursing Facility (SNF) Prospective Payment System (PPS) Patient Disbursement of the settlement funds will be overseen by Judge Irma Raker, a retired Maryland Court of Appeals judge with experience in class-action litigation. It simply came down to what we could walk into a courtroom and prove to this court. Every incident must be something we can prove was directly tied to Mountaire.. O. It scared the bejeezus out of us, Cuppels said. The plaintiffs filed their class action lawsuit in 2018, allegeging Mountaire Farms and Mountaire Corp.s other subsidiaries generate more than 2 million gallons of sludge and wastewater each day, according to Law360. Based on these numbers the site has an estimated net worth of about $6,900. And Joyce Logan, 77, wonders if the water is connected to her husbands death from cancer in 2015, and her nephews death in 2019 following severe stomach ailments. 325 Savannah Road, Lewes, DE 19958 ~ WONDERFUL OPPORTUNITY TO OWN A HISTORIC LEWES HOME! The Court has approved the class action settlement. That is not an unexpected outcome for something that affects the immune system.. I think youre excited because you worked hard and you achieved a wonderful result. Philadelphia, PA 19102-9479. Please check the Mountaire Settlement website at www.MountaireSettlement.com for updates regarding the date, time, and location of the hearing. Remember: you are submitting your claimunder penalty of perjury. No. The upgrade will also allow more efficient and accurate handling of your claim submissions, with an expected outcome of fewer claim . Please contact the claims administrator if you have any questions. Delaware Release and Settlement Agreement - Potential Litigation before Suit Download legal document templates from the largest catalogue of legal forms. The chicken company will pay out $205 million in monetary settlements and wastewater treatment plant upgrades resulting from a catastrophic failure at the plant in 2017. Ultimately, the judge said he believed that the settlement is in the best interest of the class members. Pollution settlements cost Delaware poultry producer $205 million About a year ago, Mountaire made another a private settlement with another group of about 100 citizens, the Balback family and others, represented by Jacobs & Crumplar P.A. By that time, Miller had already lost his wife, Barbara. Cision Distribution 888-776-0942 There is always a euphoria and regret when cases get resolved. Want to know how your actions can help make a difference for our planet? Nitrogen also trickled into the groundwater. Philadelphia, PA 19102-9479 Tags: Contaminated Water/Groundwater, Environmental Contamination, Environmental Pollution, Polluted or Toxic Air. This case was contentiously litigated. He says tests of more than 200 area drinking wells shortly after the failure at the facility found nitrogen levels well above that limit. The Court in charge of this case still has to decide whether to approve the Settlement. After attorney and court fees, the rest of the account will be divvied up based on those individual claims. Also, in another case brought by the State of Delaware against Mountaire, the company has agreed to a First Amended Consent Decree, requiring it to do certain things to prevent any more harm to the groundwater, reduce air emissions, and to give residents a way to report and receive follow-ups on air quality complaints. However, in light of the continuing threat COVID-19 poses to public health, the hearing may be held virtually (such as on-line through the internet).

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