Anne Bucher  |  August 29, 2016

Category: Closed Class Actions

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ArcelorMittal class action settlement

A settlement has been reached in a class action lawsuit accusing ArcelorMittal USA Inc. of emitting noxious odors and air particulates at a Pennsylvania facility.

If you lived near the ArcelorMittal facility located at 345 Donner Avenue in Monessen, Pennsylvania, you may be entitled to benefits from this class action settlement.

The ArcelorMittal class action lawsuit was initially filed in June 2015 by plaintiffs Viktoryia Maroz and Edward Tollivar. In their second amended complaint, filed in October 2015, the plaintiffs allege that the release of noxious odors and air particulates onto their property caused property damage.

Maroz and Tollivar asserted claims against ArcelorMittal for negligence, gross negligence, private nuisance and trespass. They seek to represent residents of property located within 1.5 miles of the ArcelorMittal facility’s property boundary.

According to the class action lawsuit, ArcelorMittal owns and operates the Monessen Coke Plant, which is located at 345 Donner Ave. in Monessen, Pa. It is located alongside the Monongahela River.

The ArcelorMittal class action lawsuit indicates the plant was initially built in 1941-1942. It changed ownership several times, and was operated by several steel companies. ArcelorMittal purchased the facility in 2008 and resumed operations in April 2014.

The plaintiffs assert that ArcelorMittal failed to take reasonable action to prevent the emission of noxious odors and air particulates at its facility, which bakes coal at temperatures close to 2,000 degrees Fahrenheit.

The ArcelorMittal class action lawsuit notes that the company has been cited six times by the Pennsylvania Department of Environmental Protection for illegal air emissions.

ArcelorMittal has agreed to establish a settlement fund of $452,500 to resolve the litigation.

Under the terms of the class action settlement, ArcelorMittal must also implement certain environmental improvement projects to abate the emission of odors, dust and particulate pollution.

The ArcelorMittal class action settlement was preliminarily approved on Aug. 1, 2016.

If you would like to opt out of or object to the ArcelorMittal class action settlement, you must do so no later than Sept. 12, 2016.

Who’s Eligible

Class Members of the ArcelorMittal settlement include anyone who “either (i) owned and resided at or (ii) rented any residential property located within the Class Area at any point between June 12, 2013 and August 1, 2016.”

As defined in the ArcelorMittal settlement, “Class Area” refers to residential property located within 1.5 miles of the ArcelorMittal Monessen facility’s property boundary.

Potential Award

The settlement documents state that awards will be divided equally on a per-household basis among all Class Members with approved claims.

Proof of Purchase

Claimants must provide a copy of a government-issued identification to establish their identity and current address. Class Members must also provide proof confirming their ownership and/or occupancy of the affected property between June 12, 2013 and Aug. 1, 2016.

Property owners should include a copy of the deed or other documentation of ownership. Renters should include a copy of their lease or rental agreement.

When submitting a claim, Class Members must attest under the penalty of perjury that all information provided in the Claim Form is true and accurate to the best of their knowledge.

Claim Form

CLICK HERE TO FILE A CLAIM (PDF) »

Claim Form Deadline

09/26/2016

Case Name

Viktoryia Maroz and Edward Tolliver v. ArcelorMittal Monessen LLC, Case No. 2:15-cv-00770-AJS, in the U.S. District Court for the Western District of Pennsylvania

Final Hearing

11/14/2016

Settlement Website

http://www.LDClassaction.com/class-action/ArcelorMittal-Monessen-Coke-Facility-Class-Action-Settlement/

Claims Administrator

N/A. Claim Forms should be submitted to Class Counsel:

Liddle & Dubin PC
Attn: ArcellorMittal Claim Forms
975 E. Jefferson Ave.
Detroit, MI 48207-3101

Class Counsel

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

Defense Counsel

Vincent Atriano
Arthur H. Stroyd Jr.
ARCELORMITTAL MONESSEN LLC

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One thought on ArcelorMittal Monessen Coke Facility Class Action Settlement

  1. Michael Becker says:

    Mother and I purchased a home in TX 9/23/16 . 2 months later the heat and air unit quit working. Fidelity home warranty will not cover a new unit due there opinion it being a pre-existing condition. Mom was 85 at the time and extremely cold weather and Fidelity wouldn’t take care of this. We had to pay for a new unit. Now they are sending us renewal notices $485.00 cost in which their warranty is worthless. Is there anything I can do? Thanks

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