UPDATED FAQ ABOUT THE CLAIMS RESOLUTION PROCESS
Q. Who may sign a Claim Resolution Agreement (CRA)? And who may receive payment under a CRA?
A. Only the current, authorized owner who holds title to the property may sign the Claim Resolution Agreement (CRA) and receive the compensation and services set forth in the CRA.
If you submitted a claim to the Claims Resolution Process, but subsequently sold or transferred title to your property prior to signing the CRA, DuPont cannot continue to process the claim under your name. Instead, upon a request with sufficient evidence of new property ownership, DuPont will transfer the claim into the new property owner’s name and will issue a CRA to the new property owner.
Please note that when requesting that DuPont transfer a claim to a new property owner, you will be asked to provide the new property owner’s full contact information and proof of sale or transfer, such as the contract of sale or deed.
Q. How does a property owner get a claims form?
A. Property owners who believe they have impacted trees should contact their lawn care professional. Property owners will then either be contacted by their lawn care professional who has agreed to support the claims process, or will be contacted by a DuPont representative, to schedule a site visit.
Q. What is the deadline for entering DuPont’s claims process?
A. There are two deadlines related to the claims process:
- First, November 30, 2011, is the deadline for providing DuPont with a listing of all properties with trees that may have been damaged by Imprelis®.
- Second, February 1, 2012, is the deadline for Lawn Care Professionals and Golf Course Superintendents to send DuPont completed claims forms and the supporting information.
Q. How long will the claims process take?
A. We are committed to completing the claims process as promptly as possible. The sooner a claim is submitted, the sooner it can be addressed. The deadline for submissions is November 30, 2011.
Q. How will property owners be compensated?
A. The main components of the compensation include:
- Tree removal and disposal
- Tree replacement or compensation
- Replacement tree care
- Tree warranty
- Maintenance of other impacted trees
- Additional compensation to property owners/golf courses
Q. What species of trees are included in the process?
A. DuPont will arrange for the replacement of evergreen trees that are unlikely to recover, or will provide compensation if a decision is made not to replace these trees. DuPont will pay for efforts to assist the recovery of other trees impacted by Imprelis® use. If the tree does not recover satisfactorily by June 2012, then DuPont will pay to replace the tree or provide additional care. It is important to identify all trees that you believe are showing impact as a part of this claims process, so they can be appropriately documented.
Q. How will trees and services be valued?
A. We will develop a resolution plan for each property. Specific amounts have been established for trees and other services based on fair market pricing. Each property owner will be given the opportunity to review and accept the resolution plan for their property.
Q. Will DuPont provide a warranty for the replacement trees? How does it work?
A. DuPont warrants against any damage to any tree on Owner’s property (including replacement trees) caused by Imprelis® until December 31, 2013, or in the case of replacement trees, until a date two years after the date of planting.
Q. Is DuPont going to provide anything for the inconvenience Imprelis® has caused property owners?
A. In order to cover costs, inconveniences and other possible impacts associated with Imprelis®, DuPont will provide participating property owners an additional direct payment based on a fixed percentage of the total validated claim.
Q. How long will the removal and replacement of trees take?
A. The sooner a claim is submitted, the sooner it can be evaluated. Once received and evaluated, a resolution plan will be created and sent back to the property owner for review and approval. After this step, tree removal and replacement can begin.
Q. How will DuPont replace larger trees?
A. DuPont will develop a resolution plan for each property. Where feasible, trees will be replaced with trees of a similar size and species. When this is not feasible, DuPont will provide a recommended solution to address the situation. Each property owner will be given the opportunity to review and accept the resolution plan for their property.
Q. What happens if a tree that is not identified for replacement through the Claims Resolution Process does not recover or experiences Imprelis® related impact after the reimbursement plan is approved?
A. DuPont will provide a two-year warranty for all replacement trees. Should Imprelis® cause impacts to other trees during the next two years on the property of those who accept the resolution plan, this warranty will cover those trees as well.
Q. My tree is in danger of falling. Will DuPont provide compensation for removing it now even though my claim has not yet been submitted/ approved?
A. If you decide that an impacted tree must be removed before we can evaluate the tree, you or your lawn care professional should document Imprelis® related injury to the tree by following the steps outlined on www.imprelis-facts.com, including taking several photos of the tree.
Q. Removing certain dead trees will require me to have other landscaping work done on my property. Will DuPont pay for this?
A. In order to cover costs, inconveniences and other possible impacts associated with Imprelis®, DuPont will provide participating property owners with an additional direct payment based on a fixed percentage of the total validated claim.
Q. By participating in the Imprelis® Claims Resolution Process, do property owners waive their right to participate in any lawsuits related to Imprelis®?
A. Yes. To receive the benefits set forth in the resolution plan for your property, you will be required to sign a release that waives your right to file or participate in any lawsuit related to Imprelis®. You may seek the advice of counsel of your choosing at any time during this process.
Some property owners and applicators have filed lawsuits against DuPont, including those seeking to certify class actions of which you may be a putative member. These lawsuits allege, among other things, that DuPont failed adequately to test Imprelis® before releasing it to the market and failed to include appropriate warnings about the harm that Imprelis® could cause to non-target vegetation. Plaintiffs in these lawsuits seek compensatory damages, statutory damages, punitive damages, and other types of relief that may be greater than that available in this claims process.
Many of those lawsuits have been consolidated in In re Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation, Case No. 2:11-md-02284-GP in the U.S. District Court for the Eastern District of Pennsylvania. The Court has appointed the following counsel for Plaintiffs:
- Robert Kitchenoff of WEINSTEIN KITCHENOFF & ASHER LLC, 1845 Walnut Street, Suite 1100, Philadelphia, Pennsylvania 19103, (215) 545-7200.
- Richard J. Arsenault of NEBLETT, BEARD & ARSENAULT, 2220 Bonaventure Court, P.O. Box 1190, Alexandria, Louisiana 71301, (800) 256-1050;
- Adam J. Levitt of WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC, 55 West Monroe Street, Suite 1111, Chicago, Illinois 60603, (312) 984-0000;
- Hollis L. Salzman of LABATON SUCHAROW LLP, 140 Broadway, New York, New York 10005, (212) 907-0700; and
- Jonathan D. Selbin of LIEFF CABRASER HEIMANN & BERNSTEIN, LLP, 250 Hudson Street, 8th Floor, New York, New York 10013, (212) 355-9500.
Copies of any complaints are available on request from DuPont.