New-Indy Catawba has agreed to pay $18,000,000 to settle a class action lawsuit for alleged environmental contamination from the company's Catawba, South Carolina pulp and paper mill. This settlement aims to compensate individuals who were affected by the alleged emissions from the mill.
Can I Claim an Award?
The settlement class includes all persons who meet any of the following criteria during the relevant time periods, which is between the dates of January 31, 2021, to September 11, 2021, and within the settlement's defined impact area (see below).
- Owned a single-family home within the impacted area
- Spouses or children of those who owned a single-family home located in within the impacted area for at least 30 days between January 31, 2021, until September 11, 2021.
- Retained a layer in connection with the emissions contamination on or before April 25, 2024.
What Can Class Members Claim?
The Defendants have agreed to pay $18,000,000 to resolve the Settlement Class Members’ claims. The total recovery for each Settlement Class Member will depend on how many of those Class Members submit a valid and timely claim, as well as the severity of each Class Member’s injuries and damages. After fees and expenses, there will be at least $9.9 million remaining to be distributed to the class members.
Is Proof Required to Claim the Reward?
Yes, proof is required to claim the reward. Claimants must provide documentation supporting their ownership or residency within the Class Settlement Impact Area during the specified period or proof of retaining the representation of Plaintiffs’ Counsel in connection with alleged emissions from New-Indy on or before April 25, 2024.
How to Claim Your Award
To claim your award, you must register on or before August 14, 2024. You can do this by completing the online registration form, or by mailing the completed Registration Form to the following address:
New-Indy Emissions Litigation Settlement Administrator
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
How do I Get Paid?
Once your claim is approved, payments will be made to those who have filed a valid claim and suffered compensable injuries and damages. The specific payment method will be detailed by the Claims Administrator.
$18,000,000 Settlement Fund Breakdown
The settlement amount of $18,000,000 will be used to pay eligible Claimants as approved by the Court. The fund will also be used to pay attorneys’ fees, enhancement awards to the Class Representatives, costs, and expenses approved by the Court.
Plaintiffs’ Counsel intend to request a legal fee of up to 20 percent of the Class Action Settlement Amount, plus reimbursement of reasonable, actual out-of-pocket expenses incurred in prosecuting the Class Action, which are not to exceed $4.5 million. The fees and expenses must be approved by the Court and will be paid out of the Settlement Amount.
Important Dates
- Deadline to File a Claim: August 14, 2024
- Fairness Hearing: September 5, 2024
Environmental Contamination: The Core Issue
The alleged environmental contamination includes emissions of noxious chemical contaminants released from its wastewater treatment facility into the air including:
- Hydrogen sulfide (H2S)
- Methyl mercaptan
- Dimethyl disulfide
- Dimethyl sulfide (collectively, “total reduced sulfur” or “TRS”)
Why is There a Class Action Settlement?
Defendants deny Plaintiffs’ allegations but have chosen to settle the case to achieve a final resolution and resolve the uncertainty associated with litigation. The settlement aims to compensate individuals affected by the alleged emissions from the mill.
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