![]() Most actual environmental damage occurred while Dow was managing the plant and Rockwell has agreed to pay most of the settlement. DOE agreed to the settlement, so taxpayers will ultimately pay something to about 15,000 homeowners after the attorneys subtract their nice multimillion dollar fee from the total award. One part of the answer to why the two companies settled is that the Department of Energy is expected to pay the bill because federal contract law indemnifies the companies. Thus we have the mystery of why Dow and Rockwell agreed to a settlement when it had been legally determined the plaintiffs weren’t damaged unless the plaintiffs went back to trial and proved damage they couldn’t prove in the first trial. ![]() The Supreme Court refused to take the case. The rejection was based on the fact that an irrational fear was not adequate proof of harm. The primary “evidence” that had been presented was that (and I give attribution to someone else who offered this) was that “…the FBI had raided the plant, thus something bad HAD to have been going on…and lots of people had negative things to say about the plant…” The judge awarded $926 million, but the award was thrown out by the appeals court based on improper instructions from the judge. A jury ruled in favor of the plaintiffs in 2006 after at least one juror who had been against that ruling was thrown off the case after complaining to the judge about harassment from those who favored the ruling. There are several aspects of the settlement that make no sense to me. ![]() Approval of the settlement and establishing a claims process could be “months away.” Anyone who sold their property before that date or bought property after that date will be excluded. ![]() The people who owned property in that area must have owned the home on June 7, 1989, which was the first day of the Justice Department raid. The settlement, if it is approved by a federal judge, would involve as many as 15,000 homeowners in an area involving neighborhoods surrounding Standley Lake. The homeowners had accused Rockwell International (now owned by Boeing) and Dow Chemical of devaluing their property with plutonium releases. The announced settlement is $375 million. Two operators of the Rocky Flats Plant have agreed to settle a lawsuit filed by nearby homeowners in 1990 after the Justice Department raid of the plant. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |