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WERE YOU AFFECTED BY THE EAST PALESTINE TRAIN DERAILMENT, INCLUDING THE CONTROLLED “VENT AND BURN”?

WERE YOU AFFECTED BY THE EAST PALESTINE TRAIN DERAILMENT, INCLUDING THE CONTROLLED “VENT AND BURN”?

YOU COULD BENEFIT FROM A $600 MILLION SETTLEMENT.

PHILADELPHIA, June 3, 2024 /PRNewswire/ — The following statement is being issued by Kroll Settlement Administration regarding the East Palestine Train Derailment Settlement.

Please read this summary notice carefully – Your rights are affected.

WHAT IS THIS LAWSUIT ABOUT?
A proposed Settlement has been reached in a class action lawsuit concerning the derailment of Norfolk Southern Train 32N in East Palestine, Ohio, on February 3, 2023, including the February 6, 2023 “vent and burn” (the “Incident”). Plaintiffs claim that Norfolk Southern caused the Incident and, as a result, they suffered certain economic and non-economic losses, including real property damage, personal property damage, displacement expenses, increased risk of diseases, lost wages, loss of business income, emotional distress, disruption, inconvenience, loss of use and enjoyment of property, and loss of goodwill. Norfolk Southern denies the claims asserted in the lawsuit and denies any wrongdoing, including that it violated any law.

WHO IS INCLUDED IN THE SETTLEMENT?
You are included in the settlement as a Settlement Class Member, if you lived, worked, owned property, or owned or operated a business within 20 miles of the Derailment Site in East Palestine, Ohio, from February 3, 2023, to April 26, 2024. A list of eligible addresses is available at www.EastPalestineTrainSettlement.com.

WHAT DOES THE SETTLEMENT PROVIDE?
The Settlement provides a $600 million Settlement Fund to make cash payments to eligible Settlement Class Members and for Court-approved payments for Administrative Expenses, attorneys’ fees and expenses, and Class Representative Service Awards. Filing a claim will allow Settlement Class Members to receive money under the Settlement, if it is approved by the Court.

Awards from the Settlement Fund will be based on a Court-approved formula that takes into account a number of factors, including geographic location, Household size, and length of displacement. Individual Settlement Class Members who were physically present within 10 miles from the Derailment Site and decide to participate may also receive additional Court-approved payments in exchange for releases of past, present, and future Personal Injury Claims arising out of the Incident. Settlement Class Members that are Businesses may apply for itemized compensation of actual net business losses. You do not need to hire a lawyer to participate in the Settlement. Class Counsel has been appointed to represent you and will be available to assist you.

HOW TO RECEIVE A PAYMENT?
The only way to qualify for a payment is to timely submit a Claim Form. Notices with Claim Forms attached have been mailed to Settlement Class Members. You can also obtain a Claim Form on the website below, by calling 1-833-425-3400, or by writing to:

In re: East Palestine Train Derailment Settlement c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.

The deadline to file your Claim Form is August 22, 2024.

WHAT ARE YOUR RIGHTS?

  • Opt Out: You may exclude yourself from being bound by the decisions the Court makes concerning the Settlement by timely filing a valid request for exclusion (“opt out”) with the Settlement Administrator. The Long Form Notice and the Settlement website contain specific instructions you must follow to opt out. The deadline to opt out is July 1, 2024.
  • Object: Class Members who wish to participate in the Settlement but do not like all or part of the Settlement terms can object to the Settlement. To object, you must send a letter to the Settlement Administrator explaining the specific factual and legal reasons why the Settlement should not be approved. The Long Form Notice and the Settlement website contain specific instructions you must follow to object. The deadline to file an objection is July 1, 2024.
  • Do Nothing: If you do nothing, you will be bound by the terms of the Settlement but will not receive any payment from the Settlement.

FINAL APPROVAL HEARING
The Court will hold a Final Approval Hearing on September 25, 2024, at 10:00 a.m. at the Thomas D. Lambros Federal Building and United States Courthouse, 125 Market Street, Youngstown, Ohio 44503 to: (a) consider whether the proposed settlement is fair, reasonable, and adequate; and (b) decide the Class Counsel’s request for a Fee Award of up to 27% of the gross Settlement value ($162,000,000), costs of Notice and Administrative Expenses of up to 3% of the gross Settlement value ($18,000,000), and a $15,000 Service Award to each Class Representative. The motion for attorneys’ fees and costs will be posted on www.EastPalestineTrainSettlement.com after it is filed. You may appear at the hearing, but you are not required to and you may hire an attorney to appear for you, at your own expense.

This is only a summary. For additional information, including the Claim Form, the Settlement Agreement, how to file a Claim, opt out or objection, and Frequently Asked Questions, visit www.EastPalestineTrainSettlement.com or 1-833-425-3400.

SOURCE Kroll Settlement Administration

Originally published at https://www.prnewswire.com/news-releases/were-you-affected-by-the-east-palestine-train-derailment-including-the-controlled-vent-and-burn-302161382.html
Images courtesy of https://pixabay.com

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