Frequently Asked Questions

The purpose of this Notice is to inform potential class members about the proposed settlement of a class action lawsuit. Read below to find out how your rights may be affected and how to claim monies you may be entitled to under this Settlement. Should you have questions regarding this Notice of Settlement, please contact the Claims Administrator at 1-844-707-8895 or info@DustSettlement.com.   

This litigation was brought by groups of residents in the Portland and Gregory areas of San Patricio County, Texas (“Plaintiffs”) against the defendants voestalpine Texas LLC, voestalpine Texas Holding LLC and voestalpine US Holding LLC (“Defendants”) and remains pending in the U.S. District Court for the Southern District of Texas—Corpus Christi Division before Judge Nelva Gonzales Ramos (Blake Chapman., et al. v. voestalpine Texas, LLC, et al.; Case No. 2:17-cv-00174) (the “Litigation”). The U.S. District Court for the Southern District of Texas has authorized this notice.  Before any money is paid, the Court will have a hearing to decide whether to grant final approval of the settlement.

In a class action, one or more individuals called “Representative Plaintiffs” or “Class Representatives” sue on behalf of themselves and other individuals or companies with similar claims in the specific class action. All of these individuals together are the “Class” or “Class Members.” In this Class Action Settlement, there are seven (7) Class Representatives. In a class action, one court may resolve the issues for all Class Members, except for those who exclude themselves from the Class.

This class action lawsuit claims that beginning in August 2016 Dust escaped from Settling Defendants’ facility at 2800 La Quinta Terminal Road, Portland, Texas, and caused damage related to the real and personal property of individuals residing within the Class Area. Specifically, Representative Plaintiffs alleged that Defendants were liable for creating a permanent or temporary nuisance, and/or causing a trespass onto their property relating to Dust. Class Counsel began litigating these claims in May 2017. Over the past four years, the Parties engaged in discovery, exchanged hundreds of thousands of documents, took multiple depositions, performed numerous site inspections and investigations, and engaged multiple subject-matter experts to perform testing and address the claims at issue in the Class Area. During the course of litigation, Class Counsel has incurred over $750,000.00 in litigation expenses. Although Defendants have agreed to settle this lawsuit, they do not agree that they engaged in any wrongdoing or are liable or owe any money or benefits to Plaintiffs. The Court has not decided who is right.

The Court has preliminarily certified a class action involving individuals who have owned and/or resided in real property for one month or more, for residential purposes, at any time from August 1, 2016 through October 28, 2021 (“Class Period”) in the geographic area as depicted on the map, below. Only owners or renters of residential properties are included. Owners or renters of non-residential, commercial property, are not included.

Persons who are members of the Class and who do not exclude themselves will be bound by the Settlement Agreement, if approved by the Court, whether or not they submit their Claim Form, and will be prevented from bringing other Claims covered by the Settlement. Those who exclude themselves from the Class will not be part of the Settlement and will not receive any payments from the Settlement but will not be bound by the Settlement or release any Claims.

The Settlement Class does not include:

• The legal representatives, employees, corporate officers, heirs, successors, or assigns of Settling Defendants;
• The Judge to whom this lawsuit is assigned, any member of the Judge’s immediate family, and any other judicial officer who is or was assigned to this action; and
• Any attorneys who are employees, partners, members, or shareholders of Class Counsel.

voestalpine Texas LLC

voestalpine Texas Holding LLC

voestalpine US Holding LLC

The Settlement Agreement provides benefits to the Class Members that includes both monetary benefits and non-monetary benefits resulting from remediation/mitigation efforts that have been, and will continue to be, undertaken by Settling Defendants since this Lawsuit was filed. The Settlement Agreement was negotiated between Representative Plaintiffs and Settling Defendants, through their attorneys, and has been preliminarily approved by the Court.

The Settlement Agreement confers a Total Settlement Value of $88,413,036.00 on the Class Members. Included in the Total Settlement Value is the Total Cash Settlement Amount (“Settlement Amount”) and the Remedial Measures Amount. Settling Defendants have agreed to pay $16,825,000.00 in as the Settlement Amount.  In addition to this amount, Settling Defendants have and will incur costs totaling $71,588,036.00 relating to remedial measures/mitigation efforts they have undertaken, and will continue to undertake, to prevent and limit the migration of Dust from the Facility through at least 2023. These efforts confer further value on the Class Members.

Class Counsel will seek an award of attorneys’ fees and litigation expenses and service awards to each of the Class Representatives of $1,000.00. These amounts will be deducted from the Settlement Amount. Settling Defendants are paying costs of settlement administration, up to $250,000.00. In the event the settlement administration expenses exceed $250,000.00, those expenses will also be deducted from the Settlement Amount. The remaining funds, the Net Settlement Amount, will be distributed to Class Members who timely file valid claims.

The Court has appointed the law firms of Anderson Alexander PLLC, Liles White PLLC, and Frazer PLC as Class Counsel in this matter.  More information about Class Counsel can be found at their respective websites: https://a2xlaw.com; https://lileswhite.com; and http://frazer.law.

Class Counsel will seek approval from the Court for payment of attorneys’ fees not to exceed 7.63% of the Total Settlement Value and approximately $750,000.00 for their litigation expenses, which will be paid out of the Settlement Amount. 

You will not be charged for services rendered by these lawyers and you are welcome to call them with any questions about the lawsuit or Settlement, or to otherwise discuss the Settlement. You may also consult your own lawyer at your own expense.

Attorneys for the Settling Defendants are being paid by the Settling Defendants.

You may be entitled to a portion of the Net Settlement Fund when a distribution is made to the Class Members who participated in the Settlement by returning a valid and timely Claim Form and supporting documentation. If you opt out, or exclude yourself, from the Settlement Class, you will not be part of the Settlement and you will not receive a payment.

You will be required to submit your Claim Form and supporting documentation to be eligible to receive a payment from the Net Settlement Fund. Your Claim Form, and any supporting documentation, must be returned to the Claims Administrator by February 11, 2022. If you fail to timely return your Claim Form and supporting documentation, or you do not fully and properly fill out your Claim Form, you will not be entitled to a Settlement Payment, but will still be bound by the Settlement and you will release any claims you may have against the Settling Defendants relating to Dust.

To submit the Claim Form to obtain your settlement payment, you must do the following: (1) fully and accurately complete the Claim Form; (2) gather and attach the requested documentation, if any; and (3) timely provide the completed Claim Form and supporting documentation to the Claims Administrator via U.S. Mail. The contact information for the Claims Administrator is below. 

Dust Settlement Claims
c/o Postlethwaite & Netterville
P.O. Box 3255
Baton Rouge, Louisiana 70821

Only one Claim Form needs to be submitted per married couple, per residence, in the Class Area.  If you lived with someone other than a marital spouse, you and your co-tenant may be entitled to separate settlement payments and you will each need to submit a Claim Form. If you lived in multiple residences within the Class Area within the Class Period, you may be entitled to multiple settlement payments, but will need to complete a Claim Form (and submit the required documentation) for each residence.

If you are renting a single-family residence within the Class Area, you must provide the owner of the residence and/or property management company with a copy of this Notice. The owner of the residence may have a separate claim for a settlement payment and your settlement payment will not be reduced as a result of their claim.

A Claim Form may be obtained online at www.DustSettlement.com. If you have any questions about completing the Claim Form, or the documentation required, please contact the Claims Administrator at 1-844-707-8895 or by email at info@DustSettlement.com.

Property Owners:

If you are properly identified in the tax records as the owner of the residential property, you do not need to provide any further documentation with your Claim Form. However, if you recently purchased your residential property and are not yet shown in the tax records as the owner, you must provide documentation to establish your status as a Class Member. You can find out if you are properly identified in the tax records as the owner of the residence by visiting tax assessor website. 

For an owner not shown correctly on the tax records, such documentation can take the form of,

• A closing statement or a mortgage statement (redacted to remove dollar amounts), or
• A property tax statement.

For Tenants and/or Occupants (including Owners who also occupied the property)

You can establish your status as a Class Member by providing,

• A utility bill showing your name, the residential address, and a date within the Class Period, or
• A driver’s license or state identification card issued by the State of Texas showing your name and address, or
• A lease agreement identifying the property address at issue with the term of the lease, or
• A letter from the property owner or leasing agent acknowledging the address and dates of occupancy and identifying you as the tenant or an individual with a right to reside at the residence, or
• Any other such documentation that may be accepted by the Special Master at his discretion.

The Claims Administrator may contact you with questions regarding the documentation provided and may request additional documentation to substantiate your status as a Class Member. If you have questions about how to document your claim, please visit the case website at www.DustSettlement.com. If you still have questions, you may also contact the Claims Administrator for assistance.

Settlement payments will be available only if the Settlement is finally approved by the Court. Consistent with the Claims Program set forth in the Settlement Agreement, the Special Master appointed by the Court as a third-party neutral shall have full and final authority to determine the amount to be paid to each Class Member who timely submitted a valid Claim Form according to the provisions below.

1. Each Residence in the Class Area for which one or more Claim Forms is received shall be considered one (1) Residential Unit for purposes of administering the Settlement Agreement.
2. The Special Master shall review the Claim Forms submitted during the Class Period for the purpose of determining the total number of Residential Units and setting the Weighted Zone Value. The Special Master has the discretion to set the Weighted Zone Value within the parameters set in the Settlement Agreement, such that the Residential Unit Value, when multiplied by the respective Weighted Zone Value for each Residential Unit equals the Net Settlement Amount. In establishing the Weighted Zone Value, the Special Master should consider the respective exposure to Dust based on proximity to the Facility, dominant weather patterns, and other factors to be discussed in consultations with Class Counsel and Counsel for Defendants.
3. The Residential Unit Value shall be separated into two amounts: (1) an amount for damages to Real Property (“Real Property Amount”); and (2) an amount for damages to Personal Property (“Personal Property Amount”). The Residential Unit Value shall include claims for Real and Personal Property, for the entirety of the Class Period.
4. In the event multiple Participating Class Members return Claim Forms for the same Residence, those Participating Class Members shall each receive a divided share of the Residential Unit Value. The Special Master will determine each such Participating Class Member’s share based on factors such as the status as an Owner and/or Tenant and the duration of time and period of time within the Class Period that each owned and/or rented the Residence, and other factors at his discretion. The Special Master shall have full discretion in proportioning the Residential Unit Values between Participating Class Members who may have resided at the same residence during the Class Period. 

If you resided (or owned residential real property) within the Class Period, and if you do not exclude yourself, you are automatically a Class Member.  If you stay in the Class, you cannot sue or be a part of any other lawsuit against the Settling Defendants for the claims alleged in this Lawsuit. In addition, if you remain in the Class, all of the Court’s orders pertaining to the Class will apply to you.

By staying in the Class, you become a Class Member and you are agreeing to fully, finally and forever releasing, relinquishing, and discharging any current or future Claims you have or might have against the Settling Defendants (and their related parties, all as identified in the Settlement Agreement) related to real and/or personal property damage under any theory at law or equity, as well as claims based on environmental laws and/or regulations, as a result of Dust migrating from the Facility (“Released Claims”). To review the full definition of Released Claims, you may access the full text of the Settlement Agreement here.

However, Released Claims do not include claims for relief based solely on the incremental emissions or releases of Dust from future Facility operations that exceed 100% of the currently permitted maximum annual production capacity or any claims for relief based solely on a future catastrophic release from the Facility (i.e., an unexpected, accidental incident resulting in releases of Dust atypical in nature and dramatically greater in amount than those historically associated with regular plant operations), that causes substantial real or personal property damages that are significant and measurable.

Claims for personal injury are also not included in this Lawsuit, nor are they subject to release by the Settlement Agreement.

You can exclude yourself (or opt out) of the Class by following the instructions provided in this section. If you exclude yourself from the Class, you will not be part of this Settlement.  That means, you will not receive ANY benefits or payments under the Settlement and you cannot object to the Settlement.  However, you keep all of your rights, including to do nothing, to hire other attorneys, to file your own lawsuit, or join another lawsuit, against Settling Defendants. You will no longer be represented by Class Counsel and you cannot retain Class Counsel to assert claims that are resolved by the Settlement Agreement. 

To exclude yourself from the Class, you must file your written exclusion request on or before February 11, 2022 by U.S. mail to:

Dust Settlement Claims
c/o Postlethwaite & Netterville
P.O. Box 3255
Baton Rouge, Louisiana 70821

The written exclusion request must state or include the following information to be valid:

1. The name and cause number of this action, Chapman, et al. v. voestalpine Texas LLC, et al., No. 2:17-cv-00174 (S.D. Tex.).
2. Your name, address, and telephone number.
3. A clear statement that you desire to exclude yourself from the Settlement.
4. A clear statement explaining the reason or reasons why you are choosing to exclude yourself from the Settlement. A non-exclusive list of examples include the following: (a) I do not wish to participate in the lawsuit; (b) I have not experienced any Dust on my property; (c) I do not wish to be subject to disclosing the lawsuit upon the future sale of my home; or (d) I do not agree with the terms of the settlement.
5. A statement of whether you have (or intend to retain) legal representation and whether you intend to file a separate lawsuit against Settling Defendants; and
6. Include your personal signature, or your lawyer’s signature, verifying the information provided under penalty of perjury, in the presence of at least one adult witness.

No “mass” or “class” exclusion requests shall be valid, and no Class Member may submit an exclusion request on behalf of any other Class Member. An exclusion request by a married Class Member will likewise exclude their spouse, and any Claim Form submitted for their claim will be disregarded.

Failure to fully comply with each of the above-stated requirements or to properly and timely serve the written notice to the parties identified above will render your written exclusion request invalid, and you will remain a Class Member. If you do not timely and properly exclude yourself from the class you will be bound by all of the terms of the Settlement and the final approval order with respect to the Class defined herein, and shall be bound by the Release set forth in the Settlement and be permanently and forever barred from commencing, instituting, maintaining or prosecuting any action subject to the Release against Settling Defendants in any Court, arbitration tribunal, or administrative or other forum.

If you seek to exclude yourself, you may be contacted by the Special Master who may ask for additional information and clarifications.

If you are a member of the Class and do not exclude yourself, you can object to the Settlement or any part of it by filing and serving a written objection as detailed herein. By filing an objection you can ask the Court to deny approval of the Settlement. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the proposed settlement. If the Court denies approval, no settlement payments will be made to any Class Member and the parties to the lawsuit will return to their positions before settlement and return to court to further litigate the disputes. If that is what you wish to happen, you must follow the procedures below to object.

To object to the Settlement, you must send a copy written objection to the Claims Administrator on or before February 11, 2022, by U.S. mail to:

Dust Settlement Claims
c/o Postlethwaite & Netterville
P.O. Box 3255
Baton Rouge, Louisiana 70821

Your written objection must state or include the following information to be valid:

1. The name and cause number of this action, Chapman, et al. v. voestalpine Texas LLC, et al., No. 2:17-cv-00174 (S.D. Tex.).
2. Your name, address, and telephone number.
3. The factual basis supporting your claim that you are a Class Member, including a statement identifying whether you are a current or former resident of a property in the Class Area and during the Class Period, and your dates of residence within the Class Area during the Class Period.
4. Proof of Residence and/or Proof of Ownership of real residential property within the Class Area and during the Class Period, as described above.
5. Identify whether you intend to appear and/or be heard at the Final Fairness Hearing, and if so, whether you will be appearing on your own behalf or through an attorney. If your counsel wishes to make an appearance and speak at the Final Fairness Hearing, they must file a Notice of Appearance in advance of the Final Fairness Hearing.
6. A specific objection, or objections, to the settlement with the complete factual basis for the objection(s) along with whatever legal authority, if any, you believe supports your objection.
7. A statement advising if you have previously objected to other class action settlements, and if so identifying each such settlement and the basis for the objection; and
8. Include your personal signature, or your lawyer’s signature, verifying the information provided under penalty of perjury, in the presence of at least one adult witness.

No “mass” or “class” objections shall be valid, and no Class Member may submit an objection request on behalf of any other Class Member.

Failure to fully comply with each of the above-stated requirements or to properly and timely serve the objection to the individuals/entities identified above will render your objection invalid, and the Court will not consider it.

If you properly submit a timely objection, you may be heard at the Final Fairness Hearing, if you indicate a desire to do so. If the Court overrules your objection, you will still be bound by the terms of the settlement, will be entitled to recover your settlement payment, and will release claims identified herein. If you do not object in the manner described above, you will be deemed to have waived any objections and will be unable to object to this Settlement in the future.

If you seek to object, you may be contacted by the Special Master who may ask for additional information and clarifications.

Objecting is telling the Court that you do not like something about the Settlement and want the Settlement in its current form disapproved and thus not go forward. You may only object to the Settlement if you do not exclude yourself from the Class. If you exclude yourself from the Class, you cannot object because you are not part of the Settlement, the Class and the case any longer and the Settlement and its terms no longer affect you.

Excluding yourself is telling the Court that you do not want to be part of the Class, do not want to participate in the Settlement, and do not want to receive your share of the Net Settlement Fund. If you have any questions about excluding yourself from the Class, or objecting to the Settlement, you can contact Class Counsel. Their contact information is provided below.

You may do nothing.  You are not required to file a claim form or an opt-out request or an objection. Some reasons why you may choose to do nothing are if you have no interest in the lawsuit or the Settlement (or any money from the Settlement) and you have no plans to file a separate lawsuit and are not concerned about the release.

If you do nothing, you will remain a Class Member and all of the Court’s orders pertaining to the Class will apply to you. You will not be able to sue any Released Party or join a new lawsuit against any of the Released Parties for any non-personal injury damages that you may have sustained as a result of Settling Defendants’ Dust. Without returning the Claim Form, and choosing to do nothing, you will be bound by the Settlement (if approved), you will have released your claims, and you will NOT receive a monetary award.

The Settlement Agreement and the Texas Real Estate Commission’s Seller Disclosure Notice both require sellers of real property who are Class Members to disclose the existence of this lawsuit to potential home buyers. Sellers will need to advise potential buyers of the existence of this lawsuit should you sell your home in the future.  Under Texas law, failure to disclose the existence of this lawsuit in the Seller Disclosure Notice as part of a real estate transaction could subject you to liability to the property buyer.  It may also subject you to liability to the Settling Defendants. The Settlement Agreement includes an indemnity provision that could require you to forfeit the money you receive under this Settlement back to the Settling Defendants if you fail to disclose the existence of this lawsuit to future homeowners who then file a lawsuit against Settling Defendants relating to Dust claims that are covered by the Settlement.

The Court will hold a Fairness Hearing for final approval of the fairness and adequacy of the Settlement on June 15, 2022 at 1:30 p.m. The Fairness Hearing will be held at 1133 North Shoreline Boulevard, Corpus Christi, Texas 78401. You may attend the hearing, but you are not required to do so.

At the Fairness Hearing, the Court will decide whether the Settlement is fair, reasonable, and adequate. If there are objections to the Settlement, the Court will consider them at this hearing.  If you timely file an objection and indicate that you intend to appear and/or be heard, you may ask to speak, but you are not required to do so.

Questions concerning this Notice of Settlement, the Settlement, the Lawsuit, the attached Claim Form, or the instruction provided herein may be directed to the Claims Administrator, at the contact information provided above, or to Class Counsel.

THIS NOTICE OF SETTLEMENT AND ITS CONTENT HAVE BEEN AUTHORIZED BY THE HONORABLE NELVA GONZALES RAMOS, THE UNITED STATES DISTRICT JUDGE PRESIDING OVER THIS MATTER. THE COURT HAS TAKEN NO POSITION REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS OR OF DEFENDANT’S DEFENSES AND YOU SHOULD NOT INTERPRET THE COURT’S AUTHORIZATION OF THIS NOTICE OF SETTLEMENT AS ANY INDICATION THAT THE COURT AGREES OR DISAGREES WITH THE CLAIMS AND DEFENSES ASSERTED IN THIS CASE.