DuPont Reaches Tentative Settlement in Imprelis Weed Killer Class Action Lawsuit

New York, NY: A proposed settlement has been reached in the DuPont Imprelis weed killer class action lawsuit. The settlement proposes to resolve claims resulting from Imprelis use by lawn care professionals on residential and commercial properties as well as by golf courses between August 31, 2010, and August 21, 2011 across the country, except California and New York.

The Imprelis class action lawsuit claims that Imprelis kills and damages trees and other non-target vegetation. Imprelis was removed from the market after reports of damaged and dying trees.

There are three classes of plaintiffs in the Imprelis lawsuit, namely:

Class 1 Property Owners who own or owned property in the U.S. where:

Imprelis was applied between August 31, 2010 and August 21, 2011, or were adjacent to a property where Imprelis was applied between August 31, 2010 and August 21, 2011, and whose trees showed damage from Imprelis by February 11, 2013.

Class 2 Applicators (Lawn Care Professionals) that:

Purchased Imprelis or received Imprelis from a purchases, and applied Imprelis between August 31, 2010 and August 21, 2011 on property owned by another person or entity in the U.S. as part of their normal business.

Class 3 Golf Courses or Other Imprelis Self-Applicators that:

Purchased Imprelis or received Imprelis from a purchaser, and applied Imprelis between August 31, 2010 and August 21, 2011 on property in the U.S. that they own or owned.

The Court will hold a hearing on September 27, 2013 to consider whether to approve the Settlement and a request by Class Counsel for attorneys' fees and expenses of up to $7 million.

The proposed terms for compensation vary. If the Settlement does become final, it will provide the following benefits to Class 1 and Class 3 Members who submit valid claims:

Assessment of Imprelis damage to determine whether damaged trees are eligible for removal and replacement, or tree care (for those who believe they have Imprelis-related tree damage);

Removal of eligible damaged trees at no cost to you;

Payment for eligible damaged trees that qualify for replacement;

Replacement trees of the same kind and size (up to 20 feet) are generally available at set prices from Qualified Tree Providers;

Payment to purchase maintenance for replacement trees;

Payment to purchase tree care for damaged trees that qualify for care but were not eligible for replacement;

An additional payment of 15% of the total value of the remedies listed above to compensate for all other potential Imprelis-related claims including loss of aesthetic enjoyment, loss of use, loss in property value, or claimed damage to shrubs, grasses, or other plants;

Limited warranty until May 31, 2015, for trees on your property that do not currently show any damage or those whose condition worsens and later need replacement. This warranty is in addition to the two-year limited warranty provided with any replacement trees supplied by a Qualified Tree Provider; and

Payment for tree removal costs incurred by former property owners who paid to remove Imprelis damaged trees prior to the sale of their property.

The terms of the proposed settlement vary and can be reviewed, together with forms and schedules, at: https://treedamagesettlement.com .

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Published on Apr-16-13