A class action settlement totaling
$2.7 million may affect your legal
rights if you lived or have a business located in the Impacted Area
of Philadelphia defined below
where people were notified in March
2023 of the accidental release of chemicals in the Delaware
River and that their water might not be safe to drink. If so, you
may have suffered economic harm and be eligible for a settlement
payment by submitting a Claim Form.
PHILADELPHIA, May 17, 2024 /PRNewswire/ -- A class action
settlement has been reached with Altuglas LLC and Trinseo LLC in
the lawsuit captioned McGraw, et al. v. Altuglas LLC, et
al., No. 240100060 (Phila. CCP). The settlement resolves claims
alleging that class members suffered out-of-pocket losses as a
result of the release of chemicals in the Delaware River in
March 2023, and the public notice and
drinking water advisories issued by the City of Philadelphia and other media reports
in connection with that release. Defendants vigorously deny that
they violated any law but agreed to the settlement to avoid the
expenses associated with continuing the litigation. The settlement
entitles Settlement Class Members who suffered economic harm to
compensation as described further below.
The proposed settlement class includes "all persons that resided
in, or entities that operated a physical business located in, the
Impacted Area during March 24 to March 30,
2023." The term "Impacted Area" means the following Zip
Codes: 19102, 19103, 19106, 19107, 19109, 19111, 19112, 19114,
19115, 19116, 19119, 19120, 19121, 19122, 19123, 19124, 19125,
19126, 19128, 19129, 19130, 19132, 19133, 19134, 19135, 19136,
19137, 19138, 19140, 19141, 19144, 19145, 19146, 19147, 19148,
19149, 19152, 19154.
The lawsuit alleged that
Defendants' manufacturing plant in Bristol, Pennsylvania caused a release of
chemicals into a tributary of the Delaware River on March 24, 2023, upstream from the Baxter Drinking
Water Treatment Plant that supplies drinking water to parts of
Philadelphia. The City of Philadelphia subsequently issued an
alert, including via cell phone text messages, that recommended
people in the Impacted Area use bottled drinking water until
further notice, which media and news outlets also broadcasted. The
plaintiffs alleged that over the
next several days, residents in the Impacted Area incurred
out-of-pocket losses by purchasing bottled water and related
transportation costs that they would not have otherwise incurred,
and that certain businesses in the Impacted Area suffered business
interruption losses.
Settlement terms. Under the settlement, Defendants
agreed to create a fund of $2.7
million from which to pay, subject to the Court's approval,
payments to Eligible Settlement Class Members who submit a Claim
Form, any attorneys' fees and expenses, a service award to the
class representatives, and notice and administration costs.
Eligible class members who submit a Claim Form affirming they
suffered economic loss as a result of the accidental release of
chemicals in the Delaware River, or because of the public notice
and drinking water advisories issued in connection with the
release, are eligible to receive a Base Payment of $25, which may be adjusted, as described in the
Settlement Agreement available at
www.PhillyWaterSettlement.com. Class members may also be
eligible for additional damages if they provide documentation to
the Settlement Administrator showing economic harm greater than
$25.
How do I receive payment? To receive a payment, you
must submit a valid completed Claim Form. Claim Forms can be
submitted online at www.PhillyWaterSettlement.com, and can
also be mailed to the Philly Water Settlement Administrator, 1650
Arch Street, Suite 2210, Philadelphia,
PA, 19103, or emailed to info@PhillyWaterSettlement.com.
Claim Forms must be postmarked or submitted online by
August 16, 2024.
Do I have any other options? You may exclude
yourself from the Settlement Class by sending a written request for
exclusion to the Settlement Administrator emailed or postmarked no
later than July 17, 2024. If
you exclude yourself, then you cannot receive a settlement payment,
but you will not be bound by the Settlement. If you do not exclude
yourself, then you may object to the Settlement, and you or your
lawyer can appear before the Court. Your written objection must be
sent to the Settlement Administrator emailed or postmarked no later
than July 17, 2024. Specific
instructions on how to exclude yourself from the Settlement or
object are available at www.PhillyWaterSettlement.com.
Who Represents Me? The Court has appointed lawyers
from Berger Montague PC,
Levin Sedran & Berman LLP, and
Kohn, Swift & Graf, P.C. to serve as Lead Class Counsel. They
will petition to be paid legal fees and their reasonable expenses
from the Settlement fund. You may hire your own lawyer at your
expense if you so choose.
When Will the Court Consider the Settlement? The
Court will hold a final approval hearing on September 23, 2024 at 10:00 a.m. in Courtroom 636, City Hall, Broad and
Market Streets, Philadelphia,
Pennsylvania.
This notice is only a summary. For more
information, including the full Notice of Settlement and Settlement
Agreement, visit www.PhillyWaterSettlement.com,
email info@PhillyWaterSettlement.com, or call
888-605-0772.
Media Contact:
Philly Water Settlement
Administrator
Angeion Group
Shiri Lasman
(215) 563-4116
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content:https://www.prnewswire.com/news-releases/class-action-settlement-announced-in-mcgraw-v-altuglas-llc-provides-opportunity-to-recover-losses-after-accidental-release-of-chemicals-in-delaware-river-302149126.html
SOURCE Angeion Group