Top Class Actions  |  September 7, 2020

Category: Closed Class Actions

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Protein Solutions' industrial plant allegedly released noxious odors.

A $975,000 class action settlement has been reached to resolve claims that odors from Protein Solutions’ industrial plant in Missouri harmed local residents.

The settlement benefits individuals who were owners and/or occupiers of residential property located within a two-mile radius of Protein Solutions’ industrial plant in Joplin, Missouri since March 15, 2014. Individuals who submitted a residential data sheet to Class counsel about the industrial plant’s odors or emissions before April 15, 2020 are also included.

Plaintiffs in the industrial plant class action lawsuit claimed that Protein Solutions’ plant in Joplin, Missouri released “noxious odors” which physically invaded surrounding residential areas. Counsel for the plaintiffs allegedly received 60 reports of issues regarding these odors.

The industrial plant odor class action argues that Protein Solutions has a “well-documented history” of releasing noxious odors into the surrounding area. For example, in 2018, more than 1,000 Joplin residents reportedly signed a petition asking the city to monitor the industrial plant odors and emissions.

Additionally, more than 100 complaints were reportedly filed with the city of Joplin and the Missouri Department of Natural Resources due to the odors. This influx of complaints reportedly prompted the Missouri DNR to cite Protein Solutions on at least three occasions.

However, despite these incidences of public upset and regulatory action, Protein Solutions has allegedly continued to impact surrounding residents with unchecked odors. According to the plaintiffs, the industrial plant’s odors are due in part to the operator’s negligence.

“A properly operated, maintained, and managed protein processing facility will collect, capture and destroy odorous compounds in order to prevent noxious emissions into the surrounding community,” the plaintiffs note in their industrial plant class action lawsuit.

“Defendant intentionally, recklessly, willfully, wantonly, maliciously, grossly and negligently failed to properly construct, maintain and operate the facility, and caused the invasion of plaintiffs’ properties by noxious odors on intermittent and reoccurring dates.”

Protein Solutions, now known as LinkOne Protein, has not admitted any wrongdoing but has agreed to pay $750,000 to resolve the claims against them.

Under the terms of the industrial plant odor settlement, Class Members can collect cash payments – although there are no payment estimates currently available. Exact payments amount will depend on the number of claims filed and the net settlement fund after costs, fees, service awards, and other deductions are calculated.

In order to benefit from the industrial plant settlement, Class Members must file a valid claim form by Oct. 5, 2020. Claim forms can be printed and mailed to class counsel who is administering the settlement. Claimants must include proof of identification (drivers license, state ID card, etc.) and proof of ownership or tenancy (current utility bill, valid rental agreement, etc.) with their claims.

The deadline for exclusion and objection is Sept. 19, 2020. The final approval hearing for the settlement is scheduled for Oct. 6, 2020.

Who’s Eligible

Individuals who were owners and/or occupiers of residential property located within a two-mile radius of Protein Solutions’ industrial plant in Joplin, Missouri since March 15, 2014.

Individuals who submitted a residential data sheet to Class counsel about the industrial plant’s odors or emissions before April 15, 2020 are also included.

Potential Award

Cash payments.

Exact payments amount will depend on the number of claims filed and the net settlement fund after costs, fees, service awards, and other deductions are calculated.

Proof of Purchase

Proof of identification (drivers license, state ID card, etc.) and proof of ownership or tenancy (current utility bill, valid rental 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

10/5/2020

Case Name

Colson, et al. v. Protein Solutions LLC, Case No. Case No. 19AO-CC00071, in the Jasper County Circuit Court of Missouri

Final Hearing

10/6/2020

Settlement Website

www.LDClassAction.com/Protein-Solutions-LLC-Settlement/

Claims Administrator

Liddle & Dubin P.C.
Attn: Protein Solutions Claim Forms
975 E. Jefferson Ave.
Detroit, MI 48207
info@ldclassaction.com
(800) 536-0045

Class Counsel

Laura L. Sheets
LIDDLE & DUBIN PC

Defense Counsel

David B. Goroff
LINKONE PROTEIN LLC

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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.