Dow Chemical Leak of July 7, 2009
IMPORTANT PUBLIC NOTICE OF CLASS DECERTIFICATION
This notice relates to the class action proceeding entitled Shelia Guidry, et al, individually and on behalf of all others similarly situated vs. Dow Chemical Company, et al, United States District Court for the Eastern District of Louisiana, Civil Action No. 19-12233, Section F, Judge Martin L.C. Feldman, removed from the Civil District Court for the Parish of Orleans, No. 2009-7832
TO: All persons who claim that they experienced physical symptoms as a result of their exposure to ethyl acrylate or other chemical substances between 4:30 a.m. on July 7, 2009 and 3:30 p.m. on July 8, 2009 from Union Carbide’s chemical plant in Taft, Louisiana and who were living or located for some time within the following geographic areas:
Starting at the northwest corner of the class boundary, included in postal zip code 70068 in St. John the Baptist Parish, proceeding eastward along Lake Pontchartrain to postal zip code 70065, located in Jefferson Parish, and further eastward to postal zip code 70117, located in Orleans Parish; and proceeding from the southwest corner of the class boundary, included in postal zip code 70057 in St. Charles Parish, then proceeding further southeast to postal zip code 70031, then proceeding further eastward to postal zip code 70094 in Jefferson Parish, and then east/northeast to postal zip code 70117 in Orleans Parish, and all areas included in between those points.
THIS AREA INCLUDES PORTIONS OF THE PARISHES OF ORLEANS, JEFFERSON, ST. CHARLES AND ST. JOHN THE BAPTIST
READ THIS NOTICE CAREFULLY
IT MAY AFFECT YOUR RIGHTS
If you are included in the class definition above and did not previously opt-out or exclude yourself from the class in 2014 by filing an opt-out form, YOU MUST TAKE ACTION TO PROTECT YOUR RIGHTS.
On May 24, 2022, the United States District Court for the Eastern District of Louisiana entered an order decertifying this class action. On July 14, 2022, the United States Fifth Circuit Court of Appeal denied the plaintiffs petition to appeal the decertification order. If you were relying on this class action to pursue a claim in connection with the July 7, 2009 incident at Union Carbide’s facility in Taft, Louisiana, you are now required to take individual action to preserve your rights. The order decertifying the class removes the tolling of the statute of limitations, and the time period within which to file an individual suit has begun to run as of the date of the initial publication of this notice on January 26, 2023. By the safest calculations the deadline to file an individual lawsuit is approximately 343 days from the initial date of this publication on January 26, 2023. However, you may have up to 373 or 374 (if the calculation begins with the date class allegations were first made) days from the date of the initial publication on January 18, 2023 to file your individual lawsuit. Err on the side of caution and do not wait to file, in case of possible varied interpretation of this deadline being sooner than noted. Seek counsel immediately, and file as soon as possible. You should contact an attorney of your own choosing if you wish to pursue a claim arising out of the July 7, 2009 incident.