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Scott Starr of the Indiana law firm of Starr, Austen & Miller, LLP, and Jonathan Selbin of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that a Pennsylvania homeowner and an Indiana golf course company today filed a nationwide class action lawsuit against E.I. du Pont de Nemours & Company (“DuPont”) charging that DUPONT’S herbicide Imprelis is causing widespread death among trees and other non-targeted vegetation across the country.

Indiana Golf Course Company And Pennsylvania Homeowner File Class Action Lawsuit Alleging DuPont’s New Herbicide Imprelis ® Causing Death Of Trees Nationwide

Need For Impacted Property Owners To Take And Preserve Soil Sample Highlighted

Logansport, IN, July 18, 2011 – Scott Starr of the Indiana law firm of Starr, Austen & Miller, LLP, and Jonathan Selbin of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that a Pennsylvania homeowner and an Indiana golf course company today filed a nationwide class action lawsuit against  E.I. du Pont de Nemours & Company (“DuPont”),  charging that DuPont’s herbicide, Imprelis, is causing widespread death among trees and other non-targeted vegetation across the country.

The complaint specifically charges that DuPont failed to disclose the risks Imprelis poses to trees, even when applied as directed, and failed to provide instructions for the safe application of Imprelis.  Plaintiffs’ counsel are working with a leading scientist in the fields of forest resources, tree physiology, and landscape management to further identify the cause and nature of the problem and to recommend steps property owners should take to preserve evidence.

“Even though it’s a new product, Imprelis has been widely adopted by landscapers and lawn-care specialists who believed DuPont’s claims that it is safe and an environmentally-friendly herbicide,” stated plaintiffs’ counsel Jonathan Selbin.  “Instead, the evidence is quickly piling up that Imprelis is attacking trees as if they are weeds.”

“It is critical that property owners with dead or dying trees take steps now to preserve evidence,” Selbin added.  “You should take soil samples that can be analyzed later to show the presence of Imprelis, as well as take detailed photographs of the dead or damaged trees.”

Property owners should read how to preserve your evidence for the DuPont Imprelis Class Action document for instructions on how to take and preserve a soil sample, along with a copy of the complaint, and complete a form to request further information on the case.

Trees at the house of Marsha Shomo, a Johnston, Pennsylvania, resident and one of the plaintiffs in the case, are dying after the spraying of her lawn with Imprelis, including two trees her sister bought after her diagnosis with cancer, which took her sister’s life in 2001.  “My sister was so anxious that the new little trees she bought be taken care of,” Shomo stated.  “I promised her I would do that.  I want DuPont to know that there is a problem out there and people do have special trees with many years invested in them.  This isn’t right.  I am pursuing DuPont to have it answer to everyone harmed and make DuPont act more responsibly in the future.”

“This is affecting thousands of homeowners and other property owners, such as golf courses, who have watched as their valued and valuable trees die,” said plaintiffs’ counsel Scott Starr.  Noting that DuPont recently acknowledged the growing problem, sending a letter to some owners and posting a warning on its website, Starr added: “DuPont should promptly take Imprelis off the market and accept full responsibility for the great damage the product has caused.”

Plaintiff R.N. Thompson Golf, LLC, owns and manages several golf courses in the greater Indianapolis area, including the Winding Ridge Golf Course and the Ironwood Gold Course.  “We have witnessed catastrophic tree loss around our golf courses after the application of Imprelis, and have received numerous complaints and inquiries about the tree damage and appearance of our courses from our customers,” explained Mark Thompson, Chief Executive Officer of R.N. Thompson Golf, LLC.  “We filed this lawsuit to inform other businesses and homeowners about this problem to let them know there is reason their trees are dying and to give them a course of action to fix the problem.”

The lawsuit, entitled Shomo v. E.I. du Pont de Nemours & Company, was filed in federal court in Delaware, where DuPont has its headquarters.  The proposed class consists of all persons and entities who own property on which Imprelis was applied, own trees or other vegetation whose roots extend under property on which Imprelis was applied, or who own property to which Imprelis migrated between October 4, 2010, and the date of trial.  The relief plaintiffs seek for themselves and the proposed class includes compensation for the cost of replacing trees that have died or are dying and an injunction barring DuPont from continuing to sell Imprelis.

Legal Resources for Impacted Property Owners
If you have suffered damage to trees on your property after the spraying of Imprelis, please see http://www.starrausten.com/imprelis-class-action/#help to learn more about the Imprelis class action lawsuit and report your experiences.

Trademark Notice
Imprelis is a registered trademark of DuPont De Nemours & Company and used solely for product identification and informational purposes. Plaintiffs’ counsel are in no way affiliated with DuPont.

Source/Contact
Mario Massillamany
Attorney
Mario Massillamany on LinkedIn
Starr Austen & Miller, LLP
http://www.starrausten.com
(574) 722-6676
201 S 3rd Street
Logansport, Indiana 46947-3102

Did DuPont Imprelis Damage Your Trees?

If you want the possibity of being compensated, we suggest taking the following steps:

  1. Review the official DuPont Imprelis Class Action Filed Complaint document.
  2. Read how to preserve your evidence for the DuPont Imprelis Class Action.
  3. Submit the DuPont Imprelis Class Action Complaint Form and we’ll review your claim.

Additional Resources