PCC Structurals Metal Debris $12.5M Class Action Settlement - Top Class Actions

2022-05-13 04:14:53 By : Mr. Johnny Oya

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PCC Structurals will pay $12.5 million as part of a class action settlement to resolve claims its Portland, Oregon, factory emitted metal debris into surrounding neighborhoods.

The settlement benefits individuals who owned residential property in southeast Portland on Feb. 17, 2016. A map of the exact area affected can be seen on the settlement website.

PCC Structurals is a metal manufacturing company that specializes in making castings. These castings are then used in the production of engines, airplane parts, military gear, and more.

However, PCC Structurals’ Portland factory may emit metal debris into the surrounding neighborhoods. 

According to plaintiffs in a class action lawsuit against the company, PCC Structurals’ factory in South Portland regularly emits metal debris including nickel. This debris is an alleged byproduct of manufacturing superalloys, titanium, aluminum, and other products.

Plaintiffs in the case say their homes and neighborhoods were contaminated with nickel, arsenic, and other pollutants that can be directly linked to PCC’s factory. This allegedly caused health issues and loss of enjoyment of property.

“Particles of toxic pollutants from the Facility have entered the air that Plaintiffs and Class  Members breathe in their yards and in their homes, and been deposited on the soil and other surfaces on the property owned or rented by Plaintiffs and Class Members,” the PCC Structurals class action lawsuit contends.

“Those particles have caused damage to the property, interfere with Plaintiffs’ use and enjoyment of the property, their homes, and their neighborhood, and may present serious risks to the health and well-being of the Plaintiffs and the Class Members.”

PCC Structurals hasn’t admitted any wrongdoing but agreed to fund a $12.5 million settlement to resolve these allegations.

Under the terms of the settlement, Class Members can receive a cash payment. 

Payments will vary depending on what type of property Class Members owned and the number of properties owned within the affected area. Certain situations will warrant a larger “share” of the settlement fund — resulting in higher payments. 

In addition to providing a $12.5 million settlement fund, PCC Structurals has spent $7.7 million on emission control equipment since 2016 and will spend an additional $1.95 million to install enhanced pollution control measures going forward.

The deadline for exclusion and objection is April 9, 2022. 

A final approval hearing for the deal is scheduled for May 6, 2022.

In order to receive a payment from the settlement, Class Members must submit a valid claim form by April 9, 2022.

The settlement benefits individuals who owned residential property in southeast Portland on Feb. 17, 2016. A map of the exact area affected can be seen on the settlement website.

Address and property tax parcel ID number

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Resendez, et al. v. Precision Castparts Corp. and PCC Structurals, Inc., Case No. 16CV16164, in the Circuit Court of the State of Oregon for the County of Multnomah

Precision Class Action Settlement Settlement Administrator c/o A.B. Data, Ltd. P.O. Box 170500 Milwaukee, WI 53217 info@structuralssettlement.com 877-316-0125

Matthew J. Preusch Daniel P. Mensher KELLER ROHRBACK LLP

Karl G. Anuta LAW OFFICE OF KARL G ANUTA PC

Claire E. Tonry Knoll D. Lowney SMITH & LOWNEY PLLC

Brian A. Knutsen KAMPMEIER & KNUTSEN PLLC

David Angeli Kristen Tranetzki Colin Hunter ANGELI LAW GROUP LLC

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