Thursday, April 05, 2012

4/6/2012: Wisconsin Lawyer Jay Urban files 34 more lawsuits regarding Imprelis and tree damage

My friend and fellow consumer right lawyer Jay Urban has made the news again regarding Imprelis.

 Another 34 homeowners filed lawsuits Thursday against DuPont in Waukesha County alleging that the chemical company's herbicide Imprelis that was applied to their lawns last year has killed or is killing their trees.

 Imprelis has proved to be a "frighteningly effective tree killer," the suits state, noting that shortly after DuPont began selling the herbicide "reports began emerging that trees located in proximity to Imprelis application sites were yellowing and dying."

Coniferous trees such as pines or spruces are particularly susceptible to being damaged or killed by the herbicide, according to the lawsuits.

The suits were filed by attorney Jay A. Urban on behalf of the property owners.

"We are filing individual cases, not a class action, because we want DuPont to treat our homeowners individually and fairly," Urban said.
DuPont is facing similar lawsuits across the country on Imprelis, which was first used in the fall of 2010, over tree death and damage.

Urban contends the herbicide is still causing damage, even though it was applied in the spring of last year.
"Imprelis is still in the soil and it is affecting new growth this early spring. Plus we recently suspect that new species of trees, like maples, are now dying, as well," he said.

The U.S. Environmental Protection Agency in August ordered DuPont to stop the sale and use of the herbicide, which was distributed and sold primarily to lawn care professionals.
DuPont has established a claims process for those affected, but Urban contends it is flawed. He said those who agree to the process are being rushed into settlements before the full extent of the damage is known. That is unfair to homeowners, Urban said.

But DuPont spokeswoman Kate Childress said Thursday the company is engaged in a comprehensive claims resolution process that fairly addresses damage due to Imprelis.

In a statement the company released in response to the latest lawsuits, DuPont said that depending on the circumstances of the property, the main components of compensation typically covered in these resolution agreements may include tree removal and disposal; tree replacement or compensation; replacement tree care; tree warranty; maintenance of other affected trees and additional compensation to property owners.