NOTICE OF CLASS ACTION SETTLEMENT
A proposed Settlement has been reached in this Class Action involving alleged exposure to calcium hydroxide by individuals living or regularly working within one mile of the Air Liquide Facility at 6600 Old Gentilly Road, New Orleans, Louisiana(the "Facility") between July 21, 2004 and December 31, 2004. A Settlement fund has been created to pay eligible Class Members, as well as attorney's fees, costs and expenses of litigation approved by the Court. Judge Paulette R. Irons of the Civil District Court for the Parish of Orleans, LA, will hold a hearing on March 18, 2024 at 9 o'clock a.m. to decide whether to give final approval to the settlement so that payments can be made from the Settlement Fund.
What is this Case About?
The lawsuit claims that between July 21, 2004 and December 31, 2004, carbide lime containing calcium hydroxide was removed by dump truck from the Facility. As the carbide lime dried, it turned into a dusty powder, which was spread through the one mile area surrounding the Facility by wind, as it dropped out of the back of the dump trucks, and/or as trucks or cars rode over it. It is alleged that carbide lime dust is dangerous and can cause, among other things, burning and itching skin, skin rashes, burning and watery eyes, nose bleeds, and sinus problems, and make asthma problems worse. The Compromising Defendants have denied that exposure to carbide lime dust caused any injury or damage to Class Members.
What does the proposed settlement provide?
A Settlement Agreement, available at www.6600oldgentillyroadclassaction.com, and in the official record of this lawsuit, describes the details of the proposed Settlement. If the Settlement is approved by the Court, a Settlement Fund of $7.5 Million Dollars will be established on behalf of the Compromising Defendants. In return, the Compromising Defendants, Global Lime, and ACE American Insurance Company (and all related persons and entities) would be released from all claims asserted in the Class Action lawsuit and dismissed from the lawsuit.
Who is included?
The Class Members are any person, including named plaintiffs and their minor children, who resided or regularly worked within a one mile radius of the Air Liquide Facility between July 21, 2004 and December 31, 2004, and who may have been exposed to calcium hydroxide coming from the Facility. The settling defendants (“Compromising Defendants”) include Air Liquide-Big Three, Inc., Air Liquide America, L.P. f/k/a Air Liquide Corporation, Chartis Specialty Insurance Company f/k/a American International Surplus Lines Insurance Company and Commerce and Industry Insurance Company, as the alleged insurers of Global Lime, LLC, Global Lime Calciner of Louisiana, LLC and Global Lime NOLA, LLC (“Global Lime); and Chartis Specialty Insurance Company f/k/a American International Surplus Lines Insurance Company and Commerce and Industry Insurance Company, as alleged insurers of Air Liquide – Big Three, Inc. f/k/a Lincoln – Big Three, Inc.
How much could you get?
If the Settlement receives final Court approval, the settlement proceeds will be distributed, after deduction of attorney's fees, costs and expenses approved by the Court, among eligible Class Members pursuant to a settlement allocation plan to be proposed by a Special Master appointed by the Court.
What are your legal rights and options?
You have a choice of whether (1) to participate in the settlement by submitting a claim form for money damages, (2) to object to the overall settlement, or (3) do nothing. You must decide this now.
To submit a claim form
To request a payment from the Settlement Fund, you must submit a Claim Form to the Special Master. The Claim form can be obtained by calling (504) 561-0996, or online at www.6600oldgentillyroadclassaction.com. You must submit your claim form by April 1, 2014.
To object to the settlement
To object to the fairness, reasonableness, or adequacy of the proposed Settlement, you must, no later than February 17, 2014, file with the Court or mail to the Clerk of Court a written objection to the Settlement, with a copy also being mailed to Class Counsel at their address below. A more detailed written Notice of Proposed Class Action Settlement ("detailed Notice") can be obtained at www.6600oldgentillyroadclassaction.com or by calling (504) 561-0996. The Detailed Notice explains how to object. The Court will hold a hearing on March 18, 2014 at 9 o'clock a.m. to decide whether to give final approval to the Settlement. You may appear and ask to speak at the hearing, but to do so you must follow the procedure outlined in the Detailed Notice.
If you do nothing, you will not receive any money from the settlement, and
you will not have another chance to seek money from this Settlement or the
Compromising Defendants for Claims released in the Settlement.
Who Represents the Class?
The Court has appointed Harrell & Nowak, 650 Poydras St., Suite 2107, New Orleans, Louisiana, 70130, Tel. No.:(504)522-7885, to represent the Class as Class Counsel. You will not be directly charged a fee by them, but these attorneys will ask the Court to award them a fee to be paid from the Settlement Fund.