The answer is they should not. The lawsuit we have seeks to hold them to the same standard that everyone else is held to. The case is about harmful dust that is blown off the Norlite facility and into the surrounding community. The dust has been proven to contain known carcinogens, and Norlite admits this.
The case is a class action that currently is in federal court. It has been brought on behalf of all residents within a one-mile radius of the Norlite facility. The case is against the owner and operator of the facility, Norlite LLC, and another operator of the facility and the owner of Norlite LLC, Tradebe. The legal claims made are negligence, nuisance, strict liability for conducting an abnormally dangerous activity, and trespass.
The damages being sought are monetary relief for depreciation in property values, lost use, remediation measures, and other expenses attributable to the dust. In addition, we are seeking to have Norlite and Tradebe fund a medical monitoring program for the community, to monitor for and detect any disease attributable to the dust. Lastly, we are seeking a court order requiring that Norlite and Tradebe take the proper precautions to avoid fugitive dust emissions from their facility, or to have the facility shut down if they cannot do so.
What can you do to help stop Norlite?
There is power in numbers and unity. Communities must come together to stand up for their rights against mega-companies that pollute their living environment. By joining, you will be adding to our numbers as a unified community to hold Norlite and Tradebe accountable and to avoid future pollution by them.
How with this affect you? (FAQs)
Will I get any money?
If we are successful in court, everyone in the class will recover a share of any amount recovered for that class. People who chose to be “class representatives” can get an extra amount because they will be more involved in the case
Will I have to pay anything upfront for lawyers, experts, etc.?
No. Our firm is handling the case at no upfront cost to anyone involved. We do not get paid unless you do.
Can I have my home tested?
Yes. Our experts have found harmful dust that can be traced to the Norlite facility in peoples’ homes. However, again, while this would be very helpful, it is not required.
Other than money, will this lawsuit help me?
Yes. In addition to monetary damages, we are seeking to have Norlite and Tradebe fund a medical monitoring program where you can receive periodic examinations to detect any diseases or conditions attributable to the facility. If unfortunately, the disease is detected, you can receive treatment. The examinations and treatment will be at no cost to you. We are also seeking restrictions on operations at the facility in order to avoid future pollution.
DO NOT ALLOW NORLITE TO CONTINUE TO TAKE ADVANTAGE OF YOUR COMMUNITY!
Contact Phillip A. Oswald, Esq.
518.886.1902
oswald@ruppbaase.com
Norlite Class Action News
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Class Action Documents
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