Top Class Actions  |  March 4, 2021

Category: Closed Class Actions

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This settlement is closed!

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Flood waters fill a neighborhood street - sewage disposal system incident

An $11.5 million class action settlement has been reached resolving several class action lawsuits related to a 2014 sewage disposal system incident in Michigan.

The Class is made up of anyone, including but not limited to, any Person listed in Exhibit 1 to the Settlement Agreement, or otherwise disclosed during the course of the 2014 Actions, the Hanover Cases, or the 2017 Action, who claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring on or about Aug. 11, 2014, was served on the County Defendants and/or served on the City Defendant within which the Claimed Address is located or who claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring on or about Aug. 28, 2017, was served on the city of Berkley.

The 2014 Actions, 2017 Action, and Hanover Cases refer to the class action lawsuits filed against a number of cities following the sewage disposal system incident.

More information on Exhibit 1 and the four Subclasses is available on Class Counsel Liddle & Dubin’s website or on the settlement notice sent to Class Members.

The sewage disposal system incident occurred in Oakland County, Michigan, in August 2014, when upward of seven inches of rain fell within 24 hours, according to M Live. Homes and other buildings were inundated with backed up sewage.

A number of cities were affected, including Berkley, Clawson, Ferndale, Hazel Park, Huntington Woods, Madison Heights, Oak Park, Pleasant Ridge, Royal Oak, and Troy.

The cases have not been decided in court, and the settlement does not indicate the defendants are at fault.

The amount of the payout each Class Member will receive will be determined after all claim forms are submitted and assessed. Court costs, attorneys’ fees, and other expenses will be paid from the settlement fund before Class Members receive their payouts.

In order to obtain a payout from this settlement, Class Members must complete, sign, and date the appropriate claim form they received, make a copy to keep, and mail the form and supporting documentation no later than April 21, 2021, to:

Liddle & Dubin PC
975 E. Jefferson Ave.
Detroit, MI 48207

Class Members who have moved since the flooding and have not received their notice and claim form should contact Liddle & Dubin at (313) 392-0015 or info@LDClassAction.com as soon as possible and provide the following information:

  • Full name at the time of the flood, if it has since changed due to marital status, etc.
  • Complete address of the flooded property
  • Current mailing address, if it differs from the flooded property’s address

A final hearing is set for April 8, 2021.

The deadline to opt out of or object to the settlement is March 22, 2021.

Claim forms must be postmarked on or before April 21, 2021.

Who’s Eligible

Anyone, including but not limited to, any Person listed in Exhibit 1 to the Settlement Agreement, or otherwise disclosed during the course of the 2014 Actions, the Hanover Cases, or the 2017 Action, who claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring on or about Aug. 11, 2014, was served on the County Defendants and/or served on the City Defendant within which the Claimed Address is located or who claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring on or about Aug. 28, 2017, was served on the city of Berkley.

Potential Award

Varies.

  • The amount of the payout each Class Member will receive will be determined after all claim forms are submitted and assessed. Court costs, attorneys’ fees, and other expenses will be paid from the settlement fund before Class Members receive their payouts.
Proof of Purchase

Various forms of documentation may be required depending on which claim form you need to file. More details on claim forms and documentation may be downloaded here.

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

04/21/2021

Case Name

2014 Actions
Polk, et al. v City of Oak Park, et al., Case No. 2015-147795-NZ, Oakland County Circuit Court
Chadwell, et al. v City of Madison Heights, et al., Case No. 2015-147794-NZ, Oakland County Circuit Court
Helme v. City of Clawson, et al., Case No. 2016-152918-NZ, Oakland County Circuit Court
Kotsis, et al. v City of Royal Oak, et al., Case No. 2016-152906-NZ, Oakland County Circuit Court
Doot, et al. v City of Berkley, et al., Case No. 2017-157459-NZ, Oakland County Circuit Court
Jones, et al. v City of Ferndale, et al., Case No. 2017-157469-NZ, Oakland County Circuit Court
Barnwell, et al. v City of Troy, et al., Case No. 2017-157537-NZ, Oakland County Circuit Court
Lawler, et al. v City of Hazel Park, et al., Case No. 2017-157534-NZ, Oakland County Circuit Court
Finkelberg, et al. v City of Huntington Woods, et al., Case No. 2017-157533-NZ, Oakland County Circuit Court
Phillips, et al. v City of Pleasant Ridge, et al., Case No. 2017-157620-NZ, Oakland County Circuit Court

2017 Action
Jacob, et al. v. City of Berkley, Case No. 2019-178474-NZ, Oakland County Circuit Court

Hanover Cases
The Hanover Insurance Group, Inc. v. City of Clawson, Case No. 2017-160243-NZ, Oakland County Circuit Court
The Hanover Insurance Group, Inc. v. City of Royal Oak, Case No. 2017-160244-NZ, Oakland County Circuit Court
The Hanover Insurance Group, Inc. v. City of Huntington Woods, Case No. 2017-160246-NZ, Oakland County Circuit Court
The Hanover Insurance Group, Inc. v. City of Berkley, Case No. 2017-160247-NZ, Oakland County Circuit Court
The Hanover Insurance Group, Inc. v. City of Madison Heights, Case No. 2017-160250-NZ, Oakland County Circuit Court
The Hanover Insurance Group, Inc. v. City of Ferndale, Case No. 2017-160255- NZ, Oakland County Circuit Court
The Hanover Insurance Group, Inc. v. City of Oak Park, Case No. 2017-160256-NZ, Oakland County Circuit Court

Final Hearing

04/08/2021

Settlement Website
Claims Administrator

Liddle & Dubin PC
975 E. Jefferson Ave.
Detroit, MI 48207
800-536-0045
info@ldclassaction.com

Class Counsel

LIDDLE & DUBIN PC

Defense Counsel

DICKINSON WRIGHT PLLC,
TROY CITY ATTORNEY’S OFFICE
ROSATI, SCHULZ, JOPPICH & AMTSBUECHLER PC
PLUNKETT COONEY PC
HAFELI STARAN & CHRIST PC
GOETZ NUSHAJ PLLC
CUMMINGS, MCCLOREY, DAVIS & ACHO PLC AND GARAN
LUCOW MILLER PC

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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.