Top Class Actions  |  January 24, 2022

Category: Closed Class Actions

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This settlement is closed!

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Sign of voestalpine High Performance Metals Ltd.
(Photo Credit: JHVEPhoto/Shutterstock)

Update:


Voestalpine Texas agreed to a settlement valued at over $88 million as part of a class action lawsuit settlement resolving claims that dust from the company’s La Quinta factory made its way onto surrounding residential properties.

The settlement benefits individuals who owned or occupied residential property in the affected zones for at least one month between August 2016 and Oct. 28, 2021.

voestalpine is a steel and technology company that produces parts for the automotive industry, railways, energy industries, aviation, and more. 

Unfortunately, the company’s La Quinta plant in Texas allegedly produces dust that migrates to surrounding properties.

According to a class action lawsuit against voestalpine, the La Quinta plant is responsible for producing iron which can later be turned into steel products. Through the manufacturing process, the plant allegedly releases iron dust into the air. This black dust then drifts to nearby properties where it forms a layer on homes, cars, and other items, the plaintiffs contend. 

The dust class action lawsuits claim voestalpine promised its La Quinta plant would have “no adverse effect on neighboring communities.” Despite these promises, surrounding property owners allegedly suffer the nuisance and financial damage of iron dust produced by the plant.

voestalpine hasn’t admitted any wrongdoing but agreed to resolve these claims with a class action settlement worth over $88 million. The settlement includes a $16.8 million settlement fund and over $71 million in remedial measures.

The settlement provides cash payments to individuals whose property falls into one of seven zones near the La Quinta plant. Payments will vary depending on the zone a property is found in, property values, and other factors. No payment estimates are available at this time.

In addition to providing cash payments, voestalpine will spend over $50 million on remedial measures through June 2021 and an additional $20.8 million through 2023. Remedial measures will focus on mitigating, reducing, or eliminating dust migration from the La Quinta plant.

The deadline for exclusion and objection is Feb. 11, 2022. 

The final approval hearing for the settlement is scheduled for June 15, 2022.

In order to benefit from the voestalpine class action lawsuit settlement, Class Members must submit a valid claim form by Feb. 11, 2022.

Who’s Eligible

The settlement benefits individuals who owned or occupied residential property in the affected zones for at least one month between August 2016 and Oct. 28, 2021.

Potential Award

Varies

Proof of Purchase

Provide property ownership documentation (Mortgage or Closing Statement, Property Tax Notice, etc.)
Provide Residency Documentation Provided (Utility Bill, Drivers License Copy, Lease Agreement, etc.)

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

02/11/2022

Case Name

Blake Chapman, et al. v. voestalpine Texas LLC, et al., Case No. 2:17-cv-00174 in the U.S. District Court for the Southern District of Texas

Final Hearing

06/15/2022

Settlement Website
Claims Administrator

Dust Settlement
c/o Postlethwaite & Netterville
PO Box 3255
Baton Rouge, LA 70821
info@DustSettlement.com
844-707-8895

Class Counsel

Austin W. Anderson ​
Clif Alexander
ANDERSON ALEXANDER PLLC

Stuart R. White ​
Kevin W. Liles ​
LILES WHITE PLLC​

T. Roe Frazer II
FRAZER PLC

Defense Counsel

Michael A. Chernekoff
Lara D. Pringle
JONES WALKER PLLC

J. A. “Tony” Canales
Patricia Canales Bell
CANALES & SIMONSON PC

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18 thoughts onvoestalpine Texas Nuisance Dust $88M Class Action Settlement

  1. Robertson says:

    Initial payments went out in 2022. In April, 2024 final available proceeds that were never distributed were split up as appropriate and sent to claimants with checks that void after 45 days.

  2. Lucy Soliz says:

    Has anyone in the section 6 received a check?

  3. Heresha lin Lin says:

    12.5K Zone 1. Yes they did ask for tax info I did that when I first sign up but they asked for it again. So u will definitely be tax

  4. DJ says:

    Angryrenter,

    You could have opt out and hired an attorney to file a lawsuit on your behalf. I am sure without the class action you would never received a dime.

    Be Grateful!

  5. Robertson says:

    Each “residence” is only counted as “one residence” regardless of the number of people living there. Owners of the real estate are entitled to “damages to real property” so they will get a lot more payout than renters. The minimum claim payout for any single valid claim is $500.

  6. charles says:

    for those who lives in zone 1, how much was your check? is zone 1 the highest payout?

    hopefully my check will come soon. i moved to the west coast.

  7. Angela Edwards says:

    Does anyone know if we can still send in a claim form? We waited and still nothing and we are in the zone. We have moved away from the town (but lived there during the awful dust) but there are alot of people that have moved and still getting the claim form.

    1. Robertson says:

      The claim submission deadline passed 7 months ago, and payments have now been issued. There is no reason to submit a new claim now.

  8. Today says:

    Something coming today, will update later….

    1. Fingers crossed says:

      Please lmk. I have one too.

      1. Giovanni says:

        4k check! Thank your GOD! Finally!

        1. Curious says:

          Did they send you a w9 prior?

        2. Today says:

          Only $500 for a family of 4….maybe we lived too far away from the factory I guess?

        3. charles says:

          what zone were you in?? i was in zone 1

          also, are you still in texas?? i used to live in texas, but moved to the west coast. anyone on the west coast get a check?

  9. MarcadobYuu says:

    Got an email to confirm my W9 form. This one. Might pay out fairly quickly.

    1. waitingforcheck says:

      can you contact them and see when they will send checks??

      i tired contacting them but they never responded.. maybe you will have better luck than me. thxx

  10. Robertson says:

    The Fairness Hearing is scheduled for 6/15/22.

    1. Robertson says:

      On 6/15/22, the Final Approval was issued.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.