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This settlement is closed!
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An $850,000 class action settlement fund is now available to compensate persons affected by odors from a Detrex chemical plant in Ashtabula, Ohio.
Plaintiffs Heidi Arnold, Jessica Crislip and Donald and Vicki Shepard initiated this action in August 2016. They complained that their own properties were being subjected to noxious odors coming from defendant Detrex Corporation’s chemical manufacturing facility at 1100 State Road in Ashtabula, Ohio.
According to the complaint, Detrex manufactures specialty chemicals and sells them to companies that make lubricants, fuels, semiconductors, pharmaceuticals, and other industrial products.
The plaintiffs cited several years’ worth of complaints lodged with the Ohio Environmental Protection Agency about the smell coming from the Detrex facility. They accused Detrex of failing to adequately monitor leaks in its storage tanks, failing to install process controls in its filtration system to maintain proper pH levels, and failing to properly install, maintain and operate its thermal oxidizers.
Based on these allegations, the plaintiffs raised claims against Detrex for nuisance, negligence and gross negligence.
Under terms of the resulting settlement, Detrex will put up an $850,000 settlement fund to be distributed on a pro rata basis to Class Members who submit valid and timely claims. The fund will also cover class counsel’s court costs and attorney fees.
Detrex has also agreed to improve the way it suppresses odors at its Ashtabula facility and to document its efforts through new recordkeeping procedures.
The settlement is being administered through class counsel, Liddle & Dubin PC. Class Members who want to opt out of the settlement or object to its terms must file a written request by Nov. 2, 2017.
Who’s Eligible
The Detrex settlement Class covers two groups of Class Members:
- All persons who submitted a Data Sheet to class counsel on or before Aug. 23, 2017 and who did not opt out of the settlement; and
- All owners, occupants and renters of residential property within a two-mile radius of the Detrex facility’s property boundary since Dec. 5, 2013.
A map showing the class area around the Detrex facility is available on the settlement website.
Anyone not certain whether they qualify as Class Members are encouraged to confirm their membership by contacting class counsel, Liddle & Dubin PC.
Potential Award
Individual Class Members’ payments will be determined in part on the number of valid and timely claims received.
Proof of Purchase
Instructions on the Claim Form ask the claimant to include a copy of a government-issued photo ID and documentation of ownership or residence at a property within the class area.
Claim Form
Claim Form Deadline
11/17/2017
Case Name
Arnold, et al. v. Detrex Corp., Case No. CV 16-872684, in the Court of Common Pleas, Cuyahoga County, Ohio
Final Hearing
11/16/2017
Settlement Website
Claims Administrator
Liddle & Dubin PC
975 E. Jefferson Ave.
Detroit, MI 48207
800-536-0045
info@LDClassAction.com
Class Counsel
Laura L. Sheets
Brandon T. Brown
LIDDLE & DUBIN PC
Defense Counsel
Joseph D. Lonardo
Marcel C. Duhamel
Lindsay Doss Spillman
VORYS SATER SEYMOUR & PEASE LLP
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