Fitzsimmons Law Firm settled an $8 Million class action lawsuit on behalf
of residents who were exposed to carbon black from a carbon black manufacturing facility.
The class action lawsuit was brought on behalf of residents and property
owners of Marshall County, West Virginia, who at any time from 1971 to
2009 lived or owned property within four miles of a former carbon black
manufacturing facility operated on the banks of the Ohio River. As a result
of alleged continuous, long-term exposure to carbon black, the lawsuit
asserted causes of action for negligence, infliction of emotional distress,
nuisance, trespass, diminution in property value, loss of use and enjoyment,
remediation or clean-up costs, fear of future injures or diseases, increased
risk of personal injuries and medical monitoring.
Following class certification, there were a total of 504 claims submitted
and 347 claims were approved. The settlement award for each class member
was allocated and calculated based on multiple factors. The class action
settlement and distribution received final approval by the Circuit Court
of Marshall County, West Virginia in August of 2014.
Fitzsimmons Law Firm is a plaintiff's litigation firm headquartered
in Wheeling, West Virginia. The Firm has extensive experience handling
class action claims and regularly represents consumers in a wide variety
of matters including, insurance bad faith, consumer fraud, and consumer
protection violations. The Firm has obtained over $800 Million in verdicts
and settlements for its clients, including more than 150 cases in excess
of $1 Million.
Verdicts and Settlements are listed on this website for informational purposes
only. Future verdicts or settlements cannot necessarily be predicted from
prior results. Fitzsimmons Law Firm PLLC makes no guarantee that the same
results could be obtained for other clients in similar matters. Each case
depends on its own unique facts, strengths and weaknesses, severity of
damages/injuries, credibility of witnesses, availability of insurance
coverage, and many other facts that can affect a claim's verdict and/or
settlement amount. Because of this, you cannot assume that the same result
would occur for you in your state under the particular facts of your case.