Minot Train Derailment Attorney In Fargo
Minot Train Derailment Lawsuit
Representing hundreds of people injured in the Canadian Pacific train derailment in Minot was an experience that the team at our law firm will never forget. The six-year battle to get compensation for our clients was truly an unbelievable rollercoaster. For example, when the District Court judge in Bismarck ruled that we could not go forward with any of our cases because of preemption, we were at the bottom of that rollercoaster ride. One high point of the litigation was our great trial victory for two Minot clients who were awarded over $1.2 million for injuries they incurred. This jury award occurred after three weeks of trial in Minneapolis. Of course, the most satisfying and gratifying thing of all was to ultimately settle the case on behalf of all of our Minot clients. We want to thank each and every one of you for the opportunity to represent you in some very serious litigation.
You can rest assured that the Canadian Pacific train derailment in Minot and all the wonderful clients who we met as a result of that derailment, will never be forgotten by any of us. We also want to tell you that should you or your families have any need for a lawyer in the future, you should not hesitate to contact our firm.
November 15, 2007: Settlement Updates
Individual Settlements — We have blown through the CP’s requirement that at least 95% of our clients have to accept their individual settlements!! We now have signed settlement documents from 971 of our 1005 individual clients!! If you have not yet sent in your settlement documents please do so immediately. Since we have exceeded the CP’s requirement on individual cases and because the class action settlement is now final, the CP will soon have to “fund” the settlements. We are cautiously optimistic that we will now be able to send out settlement checks on the individual cases before Christmas!
Class Action Settlement — Approximately 4,000 people filed claims in the class action. Those claims are now being audited to see if anyone filed a claim who is not eligible to make a recovery under the class action settlement. For example, it is possible that some folks accepted a prior settlement from the CP and signed legal release forms after the “cooling off” period, that is, after Feb. 18, 2002. People who signed legal release forms after that date are not eligible for any money under the class action. If all 4,000 claims survive the audit, each class member will receive $1,000. The audit process will take a little more time so we would guess that the class action settlement checks will be issued in January.
October 9, 2007: Settlement Updates
Class Action Settlement — Today, U.S. District Judge Dan Hovland gave “final” approval to the class action settlement. So far, approximately 1,700 people have filed claims under the class action settlement. If 2,000 people file claims, then each claimant will receive approximately $2,000. The deadline for filing claims is November 8th. If there are more than 2,000 people, then the amount each person will receive from the settlement will drop. For example, if 2,500 people file claims by November 8th, then each person will receive approximately $1,600. It is expected that the class action settlements will be paid before Thanksgiving.
Individual Settlements — As of October 9th, we have 913 people who have indicated they will accept their individual settlement offers. Many of the remaining claims, that is people who we do not have releases from yet, are minors. The information on the minor settlements went out just last week. We expect that most of those release forms will be returned within the next week or so. As far as the minor settlements are concerned, each minor settlement has to be approved by a state court judge in Minot. Right now the hearing dates for the minor settlements in Minot are tentatively scheduled for November 7th and 8th. Assuming all continues to go well, we hope that individual settlement payments may be made in early December. For sure, we expect the settlements to be paid before Christmas. If you have not yet sent in your settlement statement and release form, please do so now.
July 31, 2007: Settlement Updates
Individual Settlements — Individual settlement packets were sent to our clients on Friday, July 27, 2007. If you are an individually retained client of ours and you have not received a packet please contact Darcie
at [email protected] or call toll free 877-237-3166. If you have received your settlement packet please fill out the information and return it to our office as soon as possible.
July 10, 2007: Settlement Updates
Class Action — U.S. District Judge Dan Hovland gave his preliminary approval to the class action settlement today. The settlement is for people affected by the derailment who have not filed individual lawsuits. It does not affect the hundreds of people who have individually sued the railroad. The total settlement amount is a little over $7 million. The amount of money a person gets in the settlement depends on the number of claims filed. For example, if 10,000 claims are filed, each person would get around $400. On the other hand, if 2000 claims are filed, each person would get about $2,000. Judge Hovland is tentatively set to give it final approval in early October. In the meantime, Minot residents will
be notified of the specific terms of the deal and will be given the choice of being a part of it or opting out and proceeding against the railroad on their own.
Individual Settlements — We continue to work on the final details of the individual settlements for our 1,005 individual clients. We still hope to have the individual “settlement packets” out by the end of this week or next week at the latest, barring any unforeseen obstacles. We appreciate all of your patience.