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Settlement Reached in Lawsuit about Tree Damage Caused by the Weed-Killer Imprelis®



  Settlement Reached in Lawsuit about Tree Damage Caused by the Weed-Killer
                                  Imprelis®

PR Newswire

PHILADELPHIA, April 8, 2013

PHILADELPHIA, April 8, 2013 /PRNewswire/ -- A settlement has been reached in a
lawsuit with the manufacturer of the weed-killer Imprelis^®.  The lawsuit
claims that Imprelis^® killed and damaged trees and other non-target
vegetation.

To view the multimedia content, please click:
http://www.multivu.com/players/English/60753-imprelis-tree-damage-settlement/

(Photo:  http://photos.prnewswire.com/prnh/20130408/MM80767)

Imprelis^® was used by lawn care professionals on residential and commercial
properties, as well as by golf courses, between August 31, 2010 and August 21,
2011, across the country--except California and New York.  

Settlement Counsel for the Classes, Robert S. Kitchenoff, says "this
settlement will provide substantial benefits for property owners whose trees
were damaged as a result of Imprelis^®, including additional benefits for
persons who have already accepted benefits in the manufacturer's settlement
program."

There are three classes of consumers and businesses who benefit from the
settlement.  Eligible class members are included even if they previously
submitted and/or accepted a claim through the manufacturer's Imprelis^® Claims
Resolution Process. 

Class 1 - Property Owners

  o This class includes those who own property where Imprelis^® was directly
    applied, as well as adjacent property owners.  Adjacent property owners
    must have Imprelis^® damage as of February 11, 2013.
  o Class 1 benefits include:  tree removal, cash payments for tree
    replacement and care, and a limited warranty for any future Imprelis^®
    tree damage.
  o Class 1 members do not give up any rights relating to future environmental
    damage or any claims for personal injury.

Class 2 - Lawn Care Professionals

  o This class includes lawn care professionals who applied Imprelis^® to
    property owned by another person or entity as part of their normal
    business.
  o Class 2 benefits include: reimbursement for time and expenses incurred
    assessing Imprelis^® damage on customers' properties prior to September 6,
    2011, refunds for the return of any unused Imprelis^®, and compensation
    for assisting customers with the Settlement Claims Process, if approved.

Class 3 - Golf Courses and Other Self-Applicators

  o This class includes golf courses and other self-applicators who applied
    Imprelis^® on property that they own or owned.
  o In addition to all of the benefits available to Class 1 members, Class 3
    benefits also include: reimbursement up to $2,000 for time and expenses
    incurred assessing Imprelis^® damage, as well as refunds for the return of
    any unused Imprelis^®.
  o Class 3 members do not give up any rights relating to future environmental
    damage or any claims for personal injury.

Consumers and businesses that stay in the Settlement will be bound by all
Court's orders.  They may, however, object to or comment on the settlement in
writing by August 21, 2013.

Consumers and businesses that wish to keep the right to sue the manufacturer
for Imprelis^® damage (other than future environmental or personal injury
claims) must request to be excluded from the class, in writing, by June 28,
2013.  They will not get the benefits from the settlement. 

The Court will hold a hearing on September 27, 2013 to consider whether to
approve the settlement, along with a request for attorneys' fees and expenses
of up to $7 million. 

Additional information about the settlement can be found at
www.TreeDamageSettlement.com. There, you can see photos of the damage caused
by Imprelis^® and additional details on how to get benefits from the
settlement.  More information can also be obtained by calling 1-866-802-8112.

SOURCE Weinstein Kitchenoff & Asher LLC

Contact: Robert Kitchenoff, +1-215-545-7200
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