Poultry workers

(Photo credit: Kalinovskiy/ DepositPhotos.com)

Mountaire Farms’ parent company will pay $65 million to settle a class action lawsuit alleging its Millsboro, Delaware, poultry processing plant contaminated the groundwater and air.

Anyone who, on or after May 1, 2000, owned, leased, resided on, or were employed full time at a property lying in whole or in part within the Groundwater Area, and not the Air Area; at a property lying in whole or part within the Air Area, but not the Groundwater Area; and at a property lying whole or part within both the Groundwater Area and the Air Area may be eligible to benefit from the Mountaire Farms settlement.

A map of the areas in question is available on the settlement website.

Mountaire Farms is part of Mountaire Corp., an agricultural food production and processing company employing nearly 10,000 people at facilities in five states. According to the company’s website, it is the sixth-largest U.S. chicken company.


The plaintiffs filed their class action lawsuit in 2018, allegeging Mountaire Farms and Mountaire Corp.’s other subsidiaries generate more than 2 million gallons of sludge and wastewater each day, according to Law360. That wastewater — which contains blood, fecal matter, feathers, animal fat, and other contaminants — then allegedly enters the plaintiffs’ properties.

A Delaware judge imposed $28,320 in sanctions against Mountaire Corp. in June 2020 after the company over-redacted documents that were produced during the discovery phase of the class action lawsuit.

The amount awarded to individual Class Members in the Mountaire Farms settlement will depend upon how many people submit a valid claim, as well as the severity of the Class Member’s injuries and damages. Each person with a valid and timely claim will receive a portion of the $65 million after attorneys’ fees, notice costs, and other expenses are paid.

As part of a separate case in federal court, Mountaire Farms also has agreed to take action to prevent future groundwater harm and reduce air emissions, in addition to providing residents a means of making air pollution complaints and receiving updates on them.

Those actions include continuing to provide some residents with bottled water, installing a minimum of 60 acres of phytoremediation, establishing a process for responding to odor complaints, and “refraining from land application of sludges and biosolids pending certain wastewater treatment upgrades,” according to the current settlement notice.


A fairness hearing on the Mountaire Farms class action settlement is scheduled for April 12, 2021.

The deadline to object to the settlement is Feb. 22, 2021.

To benefit from the settlement, Class Members must complete and submit a Registration Form online or postmarked on or before March 22, 2021.

Who’s Eligible

Anyone who, on or after May 1, 2000, owned, leased, resided on, or were employed full time at property lying in whole or in part within the Groundwater Area, and not the Air Area; at property lying in whole or part within the Air Area, but not the Groundwater Area; and at property lying whole or part within both the Groundwater Area and the Air Area.

Potential Award

Varies.


The amount awarded to individual Class Members in the Mountaire Farms settlement will depend upon how many people submit a valid claim, as well as the severity of the Class Member’s injuries and damages. Each person with a valid and timely claim will receive a portion of the $65 million after attorneys’ fees, notice costs, and other expenses are paid.

Proof of Purchase

No proof of purchase is necessary, but claimants must fill out a registration form including the property address or addresses wholly or partly you owned, leased, resided on, or were employed full-time at within the class area at any point since May 1, 2000.

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

03/22/2021

Case Name

Gary and Anna-Marie Cuppels et al. v. Mountaire Corp. et al., Case No. S18C-06-009 in the Superior Court for the State of Delaware

Final Hearing

04/12/2021

Settlement Website
Claims Administrator

Cuppels v. Mountaire Corporation Class Action Settlement Administrator
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
(844) 951-2344
info@rg2claims.com

Class Counsel

Chase Brockstedt
BAIRD, MANDALAS, BROCKSTEDT LLC

Defense Counsel

Michael W. Teichman
PARKOWSKI, GUERKE & SWAYZE PA

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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.

9 Comments

  • Michael February 24, 2021

    My mother
    Sally past in November 2018
    I would like to talk to someone about what she when through in her final two years

  • ROBERT J Goudin February 16, 2021

    Add me please

  • Tammy Nash February 4, 2021

    Add me please

    • mark February 4, 2021

      Tammy, please //d//i////e from stage 10 leu.kemia, you f//a//k//e fIler .p.i.ece 0.f .$/hIt.

      your mo.ther should have bur.ne.d you al.iv.e when you were b0rn.

      • Jackie February 9, 2021

        Mark, what is wrong with you. That’s morbid

  • Clornelius Patterson February 2, 2021

    please add me

  • Quarbeth February 2, 2021

    Add me

  • jen January 30, 2021

    cant file a claim says error but there are none

    • L L January 30, 2021

      same thing happen to my mother. she sent a email to the Claims Administrator to let them know. no reply yet but it’s only been a couple days since she sent it.

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