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Case ID: 2936 | Environmental | 09/08/2004
Class certification has been granted in an action filed against glass manufacturer Pilkington North America, Inc. on behalf of the citizens of Naplate, Illinois, who allege that the company is responsible for arsenic contamination that occurred over decades of glass production by a company that Pilkington purchased in 1985. The action seeks unspecified compensatory and punitive damages and a court order that will force the Pilkington to clean up the town.
The action alleges that Pilkington has known for years that it is responsible for serious arsenic contamination that has now forced a Naplate family from their home. Research has shown exposure to arsenic at levels as low as 11 parts per million can cause acute arsenic poisoning in children. Most of the soil samples taken from nearly 40 residential sites in Naplate have allegedly been well above the 11 ppm ratio. Many Environmental Protection Agency (EPA) tests have allegedly revealed yards with readings of 50 ppm or higher and a handful with readings in the hundreds of parts per million. Named plaintiffs Vicki and Lloyd Ludwig are asking the court to order additional testing. One family was evacuated in spring 2003 when tests allegedly revealed arsenic levels of 44,000 ppm in their yard. Unacceptable levels have allegedly been discovered in the community's ground water and soil, and in dust in homes as well. The Ludwigs have been told not to walk in their yard because they could track arsenic into their vehicles and homes. Their yard now is completely covered with plastic, though they have not been evacuated from their home. Pilkington North America acquired the former Libbey-Owens-Ford glass manufacturing plant in 1985. Libbey-Owens-Ford used arsenic in glass manufacturing at the plant from the early 1900s to 1970. In 2001, the U.S. EPA ordered Pilkington to complete a comprehensive study of its site on the edge of Naplate. The study was to investigate several inactive disposal areas, ground water and contaminated sediment in the Illinois River. At the time the EPA said there were no apparent immediate health risks to Pilkington workers or Naplate residents. The lawsuit is scheduled for trial in November 2004. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Environmental Cases of Interest Two New Orleans area lawyers filed a class-action lawsuit against major oil and gas companies on behalf of victims of Hurricane Katrina. The suit blames drilling activities throughout Southeast Louisiana for destroying hundreds of acres of wetlands that served as natural barriers for New Orleans.
A class action lawsuit filed in Spokane U.S. District Court blames Columbia Rural Electric Association and Asplundh Tree Experts for the 2005 School Fire.The lawsuit was filed by Keller W. Allen, a former Pasco resident who owns about 1,200 acres in Columbia County.
In a suit filed in Baltimore County Circuit Court, residents of three homes near Wally's Country Store Citgo Station state their well water has been contaminated with the gasoline additive methyl tertiary butyl ether. The HomeTeam Pest Defense Company, a subsidiary of Centex Corporation, provides built-in home pest treatments through a tubes-in-the-wall or tubes-in-the-floor pest defense system. However, some individuals who have the tubes-in-the-wall or tubes-in-the-floor pest defense system have found it to be an ineffective system. Independent tests of the tubes-in-the-wall or tubes-in-the-floor pest defense system have also questioned the effectiveness of the system. Our office is currently investigating the tubes-in-the-wall or tubes-in-the-floor pest defense system. If you have this system in your home and believe that it is not working, please call to speak with a lawyer about our investigation at 1-866-467-1400, ext. 100, or you can make a claim on this page. Attorneys for Fayette and South Fulton, Georgia residents alleging harm from chemical releases at the Philip Services Corp. waste treatment plant near Fairburn have amended the proposed class action lawsuit to include a broadened definition of the harm done to residents and their property. On June 24, 2005, The U.S. Supreme Court handed a victory to 11,000 small gas station owners in the longstanding class action battle against ExxonMobil Corp.
The case centered on Exxon's August 1982 discount-for-cash program, which promised station owners a price cut for gas to offset a new credit card fee the oil company was charging them. The station owners alleged that Exxon, which later merged with Mobil, eliminated the price discount seven months later, yet for years continued to tell stations that it was providing the discount. |
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