Imprelis was a weed control product developed by Dupont that was removed from market and banned by the EPA due to widespread evergreen tree damage in the Midwest and Northeast United States.
This is in the finance forum because Dupont is offering compensation to those within their resolution process. Has anyone that has had trees affected by Imprelis and is part of Dupont's Claim Resolution Process been sent a letter detailing a compensation/resolution package? Some of us who've already had site visits to evaluate the damage and claims have been processed are still waiting for the actual letter detailing Dupont's compensation to us for damages, replacement, soil treatment and so forth.
I realize the lawsuits concerning Imprelis have been combined into a class action, but my question is for those who are trying Dupont's direct compensation claims process. Obviously, the longer they delay compensation the more property owners may file suit which would become more costly to Dupont due to treble damage laws in states like Ohio (courts award triple the damages in regard to landscape damage which may or may not apply here). Right now Dupont shareholders are looking at about 1 billion in damages related to Imprelis according to WSJ, but if more cases leave Dupont's Claim Process and head to court the figure could go to 3 or 4 billion from what I've read in some news reports. So, this is also in the finance forum for information that shareholders can keep aware of this and factor in their projections concerning share price going forward.
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posted: Jan. 11, 2012 @ 2:51p
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Jan. 11, 2012 @ 4:17p
posted: Jan. 11, 2012 @ 4:16p
Thanks, I'll have to check if aminocyclopyrachlor was used. Had several trees died and the replacements died too. http://www.imprelis-facts.com/ has more info. Going through that process excludes you from class action I believe, but I only have a couple hundred in losses, so I'm just glad to find out I can use activated charcoal when I try to replant next.
tim1 said: Thanks, I'll have to check if aminocyclopyrachlor was used. Had several trees died and the replacements died too. http://www.imprelis-facts.com/ has more info. Going through that process excludes you from class action I believe, but I only have a couple hundred in losses, so I'm just glad to find out I can use activated charcoal when I try to replant next.
Many are part of the claims process and still have the option to reject their compensation plan and file suit. If they offer a proper direct settlement as part of their claims process and the property owner accepts the offer then they agree to not pursue further litigation. We'll see if they are successful in getting a lot of property owners to accept direct compensation quickly or if their offers will be too low and more file.
I've checked, and I can't find any evidence that aminocyclopyrachlor was used on my lawn at all. The lawn care company said they only used it in 2011 after I had already canceled their service. I don't think it was in any retail "weed and feed" stuff I've been using lately. Guess I'll have to do a soil test to figure out why no evergreen trees will grow in those spots where they have been dying.
If it wasn't used on your property, it may have been used on your neighbor's yard. That has happened and the Imprelis migrated from one person's soil to the adjacent neighbor's soil and trees died. That especially can happen if their property sloaps into the neighbor's yard and therefore rain washes it down. Check with your neighbor to see if they had their lawn treated last year and if so they can ask their lawncare provider what herbicide was used.
Curious that a few only on this forum use the full name instead of the more widely used brand name Imprelis. Any other forum I've seen refers to it by it's more well know and searchable brand name. in fact, all the news reports about it call it by Imprelis. The only ones I've seen that called it by the full chemical name are people from Dupont or those involved with the cases.
This whole claims process has been a complete nightmare. I own a lawncare/ landscaping company in Michigan and yet to be paid for the 90 claims that I submitted for clients back in Oct. No resolution offer, no payment for my time, nothing. Duponts' attorney emails me once in a while with a bunch of smoke and mirrors. They promise to reimburse me for my participation in the claims process, but that was months ago. Phone calls and emails continue to go unanswered. If anyone has any good suggestions, I can be reached at 616 291-6934.
Now that they're past their quarterly earnings report maybe they'll start making good on their promises of compensating all those who've been damaged by their product Imprelis. Arborscape, you may end up having to file like some others in this process are considering.
I'm sorry to hear you have not been compensated for the claims you filed. I own a landscape company in southern New Jersey. To date, I have received $13,500.00 from Dupont for about 50 claims I filed from November 1, 2011 until the end of December. The payments came quickly for awile, but now I have not been paid for claims filed in January and February. Calls to the hotline are answered with "your claims are under review". To date, no customer has received a resolution offer, and they are starting to call asking why. The saga continues.
DuPont don't care to take your calls and they wouldn't even commit to visiting my property within the next 9 months, so I placed a sign in the yard this week. "Dead trees courtesey of Brownsburg Landscape and Dupont" that got a lot of attention and the landscape company showed up within an hour. He seems to be trying to get me an answer now, but i really don't feel like we are any closer to an answer.
I've written two letters to Dupont and each time corporate has called with a few answers. Per my last conversation with Dupont, I should have my comp pkg. in the next two weeks. I am interested in speaking with other property owners that have had damaged and what they have heard from Dupont if anything. I am in the Ann Arbor, Michigan area.
Located near Indy, we have 44 affected trees, and have heard nothing from Dupont in the way of settlement. We did get a couple of letters months ago stating that they received our claim but nothing since. I have heard they are waiting until June 2012 to see if the trees are recovering.
I live in Ohio and had 4 trees affected June '11. Two were completely dead, the other two are partially effected. We have heard nothing as far as a resolution offer from DuPont. Now I am becoming concerned that Imprelis has a much longer 'residual' effect than admitted before. This spring, we have a Jap Maple that was fine all last summer (2011) but that came out THIS year (2012) with cupping, twisting, distortion, and die back. Had an arborist out, who said it was defiitely 'herbicide', but couldn't commit to Imprelis specifically. We have another small tree that has produced very small leaves this year. I've noticed that some of our Arborvitae have teenie curls and twists on the ends. I've become very suspicious but getting no definite answers. Wonder if others have examined new growth on trees this spring and have any signs?
I was looking to see if anyone has heard from Dupont regarding Imprellis damage. We live in Pennsylvania and have had damage to 3 large evergreen, a lilac, and many arborvitae!! We also have not heard anything from Dupont except that they have received our claim. Is there anythinng new on this issue!
suetim said: I was looking to see if anyone has heard from Dupont regarding Imprellis damage. We live in Pennsylvania and have had damage to 3 large evergreen, a lilac, and many arborvitae!! We also have not heard anything from Dupont except that they have received our claim. Is there anythinng new on this issue!
Kentucky, I have major damage, glad to see another board with updates. My Japanese Maple is burned, might include a sample of those leaves along with some others that I'm sending off in the morning to our state plant pathology lab.
I have white pines, douglas fir, Colorado spruce, and yes my arborvites new growth are curling and deformed. The rain washed the chemical in to my neighbors yard deforming her trees, have informed them dupont is responsible and is accepting claims.
Nope, no compensation offer yet but I'm watching the golf courses and others that are accepting offers in the news. My trees are no less valuable than theirs.
My other concerns are how long it stays in the soil and Dupont being able to walk away from any future claims from the EPA concerning poisoning the soil and water.
Be patient in this process. Get you first offer and review it carefully. Some are reviewing it with their attorney, which is permitted within the process from my understanding. The longterm obligation, if the EPA deems more action is required later to fix the soil/water table, is what is so concerning and Dupont really needs to make sure their compensation to all affected is enough to make it reasonable for homeowners to even take the offer since accepting it means relinguishing Dupont from further monetary claim concerning your property. Be careful.
I live in Bergen County NJ and have been waiting for compensation from Dupont since November. I have many dead trees from imprelis and running out of patience with Dupont. Not getting a response from the company, just that it is being processed.
nivers said: I live in Bergen County NJ and have been waiting for compensation from Dupont since November. I have many dead trees from imprelis and running out of patience with Dupont. Not getting a response from the company, just that it is being processed.
You're not alone. My claim was submitted directly by Dupont's inspectors (Stericycle and Davey Tree) back in September and I also have not received the first offer packet. It's "in the final stages of review" according to Dupont. Then, I'll get the 15 page legal papers and probably have to turn around and send back my rejection with the additional compensation demand spelled out (Dupont has instructions in the packet on doing that and what they need for the next review process). I'll go through this process all the while the damage gets worse, I and neighbors have to endure looking at this mess and my value continues to be damaged; which all means their costs to compensate me goes up.
Newspapers have been reporting that some people who approved the Dupont offer to them still haven't received any compensation, yet they agreed in that offer to not file suit. Bad situation developing. Be careful what you sign. If there's no time limit on when they can issue you a compensation check for damage then what will you do?
I live in central Minnesota I have 32 huge Norway Spruce damaged. Last October I hired a arborist who can place a value on trees (hard to find) I paid him 450.00 dollars I sent the report to Dupont in December by certified mail to make sure they got well two weeks went by and they had not signed for it I called and they finally tracked it down and matched it up with my calim. The arborist valued my tress at 38,000 dollars I did this because I did not know the value of a huge pine tree.I hace not received any. My lawn service sent there report in October have not heard a thing.I am glad people are posting what is happening to them has any body received any money yet. How can I find Minnesota landscape laws.I think this should be brought to national media. I read Dupont just made huge profits after the first quarter why can they not take of this in a fair and timley matter its not like they don't have enough money I am with the people who will not sign anything untill they can give a date in writing for compensation. Mean while we have to look and deal with dead tress and not to mention the long term after effects. Our vegtable garden is right part of lawn we ate out it last fall who knows what effect it has on people.
I live in Ohio and received a claims resolution agreement from DuPont two weeks ago. DuPont offered to remove the three trees confirmed dead, and provide replacement value compensation for the three trees. Additionally, they offered 15% above that total for any unforeseen future damage. Any trees i replace will be warrantied for two years. If they die, DuPont will replace, but not warranty those second replacement trees. In turn I have to agree to hold DuPont harmless. There was no mention of timeliness of payment.
My claim was originally filed in October 2011. My lawn care company self reported the damage in April 2011. This is the first I've heard from DuPont.
Don't forget that scientists are warning us that we can't really plant anything where we've removed an Imprelis damaged tree/shrub for about 3 years and even then it may not grow properly. So, in figuring what Dupont really owes you many arborists are recommending adding 3 years worth of height to the heights your trees were when they were measured for the claim. Some trees/shrubs grow 2 feet a year so you can figure another 6 feet per tree to the replacement cost. I'm consulting attorneys for sure.
We area company is southeast Michigan that have claims filed with Dupont that still have not heard anything from them except they are "in Process". We are now considering whether we shuld seek legal council or wait it out to see when our customers will get offers. We have heard of others getting offers but have not heard of anyone getting paid yet. We have lost thousands of dollars and so much time trying to make our customers happy and wonder if there is going to be any settlement for the companies. By the sounds of it we our customers will be lucky if they get anything. Can anyone verify payment and dows anyone have any recommendations for legal representation in Michigan.
Losing everything we have. Kentucky. Just called the hotline and we are in the final stages. uh, we've been there for months. Dupont doesn't care. When we turned in the orginal damage in June it was just our pines. Now its Oaks, Japanese Maples, Hydrangaes, roses, and perennials.
If they don't respond to the first compensation, can you imagine signing the release and then waiting for them to counter offer?
wynkoop1 said: DuPont don't care to take your calls and they wouldn't even commit to visiting my property within the next 9 months, so I placed a sign in the yard this week. "Dead trees courtesey of Brownsburg Landscape and Dupont" that got a lot of attention and the landscape company showed up within an hour. He seems to be trying to get me an answer now, but i really don't feel like we are any closer to an answer.
You need that sign to go viral online before DuPont actually cares...
Love the sign idea....have a dead tree right over my house that afraid that will come down on the house soon! Rejected first offer...did not include all trees including the dead over the house! Wondering if need to take it further
rejected their very lowball offer and they still refused to be reasonable after that. retained law firm to handle this. the law is on our side and I have their apology letter which will help in court big time if it goes that far. They will settle before that. Glad I did reject it. After getting a real independent report found out I now have more than double the damage than what Davey Tree (hired by DuPont) said I did. Their offer didn't even have a time limit on when they would compensate me and it allowed for payments. Are they that stupid? No way I could sign that. Now I'm told I can't even try to replant for years due to the stuff still in my soil and still migrating. scientist told me active charcoal only works to bind the toxin to itself for a while, then it eventually lets it go and goes right back up into the root system of nearby trees because Imprelis is so strong and longlasting. was told it is 4 times stronger than agent orange. they owe us bigtime especially since we now may be required to disclose the toxin on the property to any potential buyer in the future. Yikes. Sorry for any mispellings and lack of capitalization, but I''m typing fast and got to go.
I know someone who already accepted the lowball DuPont terms and they still haven't seen their dead trees removed. They'll probably miss another planting and growing season. Oh well, based on some reports, it's doubtful he'd be able to successfully replant in the same spots since I understand the class settlement does not include full soil remediation. I can't believe some are reporting stumps are getting grinded instead of full removal of all toxic roots left over and soil, but that's what some have reported who accepted the class settlement. I hear many are opting out since, according to some reports, it isn't adequate to truly compensate for all the work that really needs done. I opted out, BTW.
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