Update: The December 20th, 2007 hearing at the Harrison County Circuit Court, Clarksburg, WV to determine the amount of attorneys' fees and expenses owed to class counsel and other issues regarding the case has been rescheduled to January 15th and 16th, 2008.
Update: On December 20th, 2007, at 9:00 a.m., in the Circuit Court of Harrison County, Judge Thomas Bedell will conduct a hearing to determine the amount of attorneys’ fees and expenses owed to class counsel and other issues regarding the case. For additional details, please see the Notice That Class Counsel Will Ask the Court for an Award of Attorneys' Fees and Litigation Expenses, the Petition for Approval of Attorneys' Fees and Litigation Expenses, and the Class Representatives' Motion for Award of Incentive Payments.
Plaintiffs allege that hazardous substances from the Spelter Smelter facility, located in Spelter, Harrison County, West Virginia, have been released onto private real property in the Class Area, and that these substances have health risks. Plaintiffs allege that the released hazardous substances include arsenic, cadmium and lead.
Defendants dispute that hazardous substances from the Spelter Smelter facility have covered the entire class area, and dispute that plaintiffs are entitled to any damages, medical monitoring, or other relief.
On September 14, 2006, the Court certified two classes, and determined that the claims in this case be maintained as a class action.
- The Property Class consists of those who currently own, or who on or after December 1, 2003 have owned, private real property lying within the Class Area.
- As per the updated Notice of Changes to Medical Monitoring Class Definition mailed in June 2007, the Medical Monitoring Class definition has changed as follows: previously the Medical Monitoring Class definition was based on total residency time within the class area of 277 days. However, this definition has been changed to require one, three, or five years of total residency time since 1966, depending on where one lives or lived within the class area. Please see the Notice of Changes to Medical Monitoring Class Definition for more details.
- Excluded from the Property Class are those who owned property within the class area, but only before December 1, 2003 or only after September 14, 2006.
- Excluded from the Medical Monitoring Class are persons who resided in the Class Area less than the required number of years since 1966 for one of the zones.
- Also excluded from the class action are defendants in this case, any entity in which a defendant has a controlling interest, or a current employee, officer, director, legal representative, heir successor, assign, or spouse of a defendant in this case.
|
|
