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The U.S. Metals Refining Co. (USMR) has agreed to a $42 million settlement to resolve allegations that properties around the former USMR Smelter Site in Carteret, New Jersey, were damaged by the release of lead, arsenic and other contaminants from the historic operation of the site.
The settlement benefits current and former owners of residential property or vacant lots zoned for residential use that are bounded by Peter J. Sica Industrial Highway to the east, Romanowski Street to the North-East, Cypress Street to the north, Arthur and East Grant streets to the west, and Middlesex Avenue to the south. Eligible owners are those who owned their properties from Jan. 30, 2017, to March 27, 2023. This group includes residential properties on both sides of the boundary streets.
USMR, a subsidiary of Freeport McMoRan Inc. since 2007, operated a smelter and other metal refining operations in Carteret from 1903 to 1986. The lawsuit claims properties in the surrounding area were damaged by the releases of lead, arsenic and other contaminants from the historic operation of the smelter site.
The plaintiffs allege the contamination has affected their property values and they now suffer fear of adverse health effects such as cancer as a result of the contaminants in the air and soil.
The lawsuit also claims the manner in which USMR tested and remediated contaminants from the smelter was inadequate and has caused and continues to cause damage to properties in the area. There are more than 1,000 residents in the area who are eligible to make a claim under the settlement.
Each qualified property owner is projected to receive an estimated $17,500 per eligible property. The portion of the per-property payment will be based on the duration of the claimant’s ownership during the period Jan. 30, 2017, through March 27, 2023.
To qualify for a payment, class members must send in a claim and release form and all required documentation by June 26, 2023. The forms are available to download or submit online.
If the settlement fund is not exhausted by the claims, USMR may be entitled to a reversion of unclaimed settlement funds, but this reversion will not exceed 30% of the fund minus fees and costs, the settlement says.
The deadline for exclusion or objection is June 26, 2023.
The final approval hearing for the U.S. Metals settlement is scheduled for July 26, 2023.
In order to receive settlement benefits, class members must submit a valid claim form by June 26, 2023.
Who’s Eligible
Current and former owners of residential property or vacant lots zoned for residential use that are bounded by Peter J. Sica Industrial Highway to the east, Romanowski Street to the North-East, Cypress Street to the north, Arthur and East Grant streets to the west, and Middlesex Avenue to the south. Eligible owners are those who owned their properties from Jan. 30, 2017, to March 27, 2023.
Potential Award
Approximately $17,500 per property
Proof of Purchase
Proof of ownership of properties included in the settlement.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
06/26/2023
Case Name
Juan Duarte, et al. v. United States Metals Refining Co., et al., Case No. 2:17-cv-01624 in the U.S. District Court for the District of New Jersey.Â
Final Hearing
07/26/2023
Settlement Website
Claims Administrator
Duarte v. U.S. Metals Refining Co.
c/o JND Legal Administration
PO Box 91420
Seattle, WA 98111
844-798-0743
[email protected]
Class Counsel
Steven J. German
Joel M. Rubenstein
GERMAN RUBENSTEIN LLP
Christopher T. Nidel
Jonathan Nace
NIDEL & NACE PLLC
Mark Lanier
Richard D. Meadow
Alex Brown
Christopher L. Gadoury
THE LANIER LAW FIRM P.C.
John M. Vlasac, Jr.
Boris Shmaruk
VLASAC & SHMARUK LLC
Defense Counsel
Scott Statham
Freeport Minerals Corp.
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