The Class Action Lawsuit Settlement
Delaware will pay out a $205 million settlement to resolve allegations that their plants are contaminated.
The class action lawsuit was initially filed in 2018 against Delaware’s plant and Mountaire Corporations’ subsidiaries located in Millsboro.
It alleges that the company’s plant where they process poultry contains contaminated air. It also adds that the groundwater used in the plant is also contaminated.
The class action lawsuit argues that the company’s plant produces over 2 million gallons of contaminated water every day. The contaminated water contains animal fat, blood, fecal matter, feathers that have contaminated and spread through neighboring communities.
In April 2021, Judge Craig A. Karsnitz, the Superior Court of the State of Delaware, approved the proposed settlement.
The judge signed and accepted the claims against Mountaire Farms.
The approved settlement will resolve all class action lawsuits filed against the plant. It will generate a fund of $65 million for residents resigning in neighboring areas who were affected by the contamination.
Aside from the fund, the settlement includes requiring the company to improve its wastewater management system so that neighboring communities will no longer be affected by the discharge. The company has committed to allotting $140 million on its efforts to improve and follow the government’s guidelines and regulations for nitrogen levels.
The lawyers of the plaintiffs state that the case is the largest nitrate contamination settlement. They add that the settlement will serve as a guide to influence the following environmental cases to be accountable not to pollute the environment.
The plaintiff’s representatives declared that all class members would be participating in the settlement. They were glad that affected residents would finally receive compensation for damages that they have incurred.
The amount that each class member will receive is still yet to be determined. They will still need to assess the damage that each class member collected.
Class members will need to submit a valid claim to be qualified in the settlement. The compensation will also depend on the total number of class members who will submit a valid claim.
Editor’s Note on Delaware & Mountaire Settlement For $205 Million Approved:
This article is published to inform you of the latest settlement to be paid out by Delaware & Mountaire Farms to resolve water contamination claims.
Case Name & No.: Cupples et al. v. Mountaire Corp. et al., S18C-06-009, Supreme Court of the State of Delaware & State of Delaware Department of Natural Resources and Environmental Control v. Mountaire Farms of Delaware Inc., 1:18-cv-00838, US District Court of Delaware
Products/Services: Water contamination
Allegations: Delaware’s plants produced contaminated water that affected residents residing near them
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