WV American Water Contamination Class Action

On September 21, 2017, Judge Copenhaver preliminarily approved the settlement class that will allow local businesses and residents to share in a $151,000,000 settlement fund. Click <Here> to view the order. 

The claims process will start on October 11, 2017. The deadline to file a claim is February 21, 2018. Claim forms will be mailed to all West Virginia American Water customers that were affected by the spill. You can mail in the completed claim form or file an on-line claim at www.wvwaterlitigation.com with the Claim ID number provided on the form.

You will also be able to download claim forms at www.wvwaterclaims.com. Or, you can call 1-855-829-8121 to get a claim form.

Distribution of the settlement funds will not begin until the settlement is finally approved by the Court and after all claims are filed. The timing of the claims payment could be further extended by any appeals of that approval.

Judge Copenhaver has also scheduled a fairness hearing on January 9, 2018. At that time, class members who object to the settlement or want to exclude themselves may "opt out" of the settlement. The deadline for filing objections or opt out notices is December 8, 2017. If class member fails to file an objection or opt out notice with the Court on or before the deadline, they will waive their right to voice their concerns at the hearing or exclude themselves from the settlement.

If you have any questions please contact the claims administrator at 1-855-829-8121.

Water Testing

 

On January January 10, 2014, the Law Firm of Hill, Peterson, Carper, Bee & Deitzler, along with the Law firm of Powell & Majestro, P.L.L.C. and Bucci, Bailey and Javins, L.C. filed a class action lawsuit against Freedom Industries, Inc. and West Virginia American Water Company for economic damages caused by the water contamination. Please click the following links for a copy of the complaint as well as other related court documents:

Class Action Complaint

Emergency Temporary Restraining Order to Preserve Evidence and For Inspection of Facilities

Verified Petition for Emergency Temporary Restraining Order to Preserve Evidence and For Inspection of Facilities

On January 17, 2014, Freedom Industries, Inc. filed for Chapter 11 bankruptcy protection. Click the link below to see a copy of the bankruptcy petition:

Freedom Industries, Inc. Bankruptcy Petition

Other Related Links:

Lawyers Aim Bigger Than Freedom Industries in West Virginia Chemical Spill
(Paul M. Barrett, Bloomberg Business Week, January 14, 2014
)

West Virginia Company Completed Merger Days Before River Spill
(Sonja Elmquist, Bloomberg Politics, January 14, 2014)

Freedom Industries Bankruptcy Follows W.Va. Chemical Spill
(Peg Brickley, Dow Jones Bankruptcy and Debt, January 17, 2014)

State orders West Va. plant to come clean on chemical spill.
(Nadia Sikander, NBC News, January 22, 2014)

DEP Official: Freedom Industries Knew Of Second Chemical
(Associated Press via WCHS News Online, January 24, 2014)

Freedom Industries Ordered to Remove All Storage Tanks
(Staff Writer, WSAZ News Channel 3, January 25, 2014)

Who Runs Freedom Industries? West Virginia's Chemical Spill Mystery
(Paul M. Barrett, Bloomberg Business Week, January 30, 2014
)

Businesses Report Major Losses From Water Crisis
(Anna Baxter, Cathleen Moxley, WSAZ NewsChannel3 HD, January 29, 2014)

Freedom Industries Call Reporting the Spill

New Owner of Freedom Industries Must Face Fallout of West Virginia Chemical Spill
(Steven Mufson, CoalAge, January 29, 2014)

Extent of Freedom site contamination still unknown
(Ken Ward, Jr., WVGazette.com, February 5, 2014)

Three months before spill, inspection found Freedom tank below standards
(Ken Ward Jr., WVGazette.com, February 10, 2014)

Congress taps into West Virginia's water crisis
(Jennifer Smith, MetroNews, February 4, 2014)

Freedom Industries Wants Consultants to Assess Chemical Spill
(Associated Press via WSAZ NewsChannel 3 HD, February 19, 2014)