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Multidistrict Litigation Panel Rules On Nationwide Class Action Against DuPont

Multidistrict Litigation Panel Rules On Nationwide Class Action Against DuPont

Logansport, IN, October 21, 2011 – Mario Massillamany of the Indiana law firm of Starr, Austen & Miller, LLP, announced the ruling by the Multidistrict Litigation Panel regarding the nationwide class action lawsuit against E.I. du Pont de Nemours & Company (“DuPont”) COMMA charging that DUPONT’S herbicide Imprelis is causing widespread death among trees and other non-targeted vegetation across the country.

The federal panel ruled that the Eastern District of Pennsylvania will serve the over 40 class actions pending in 18 districts. The panel’s basis was due to the U.S. Environmental Protection Agency office responsible for the investigation and handling of Imprelis is located in Philadelphia. Furthermore, the federal courthouse of Philadelphia is not far from DuPont headquarters in Wilmington, Delaware and is within the geographic concentration of Imprelis damage.

“We are most gratified that the MDL panel agreed with our arguments that the Eastern District of Pennsylvania was the best forum to handle this extremely important and complex litigation,” stated plaintiffs’ counsel Scott Starr.

Multidistrict litigation is a procedure utilized in the federal court system to transfer to one federal judge all pending civil cases of a similar type filed throughout the United States. The decision whether cases should be transferred is made by a panel of seven federal judges appointed by the Chief Justice of the United States Supreme Court. The Judicial Panel on Multidistrict Litigation was created by legislation in 1968 with the intent to have one court rule on all pretrial proceedings and discovery.

The lawsuit was filed in federal court in Delaware where DuPont has its headquarters. Entitled as Shomo v. E.I. du Pont de Nemours & Company, the proposed class includes 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. Plaintiffs seek relief for themselves. The proposed class includes compensation for the cost of replacing any trees that are dying or have died and an injunction barring DuPont from continuing to sell Imprelis.

Starr, Austen & Miller, LLP provides 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 for property owners who may have been affected by Imprelis. These resources can by obtained at the bottom of the web page located at

Legal Resources for Impacted Property Owners

If you have suffered damage to trees on your property after the spraying of Imprelis, please visit 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.


Mario Massillamany
Starr Austen & Miller, LLP

(574) 722-6676
201 S 3rd Street
Logansport, Indiana 46947-3102