Imprelis Lawyers Headed to Court Over Evidence PreservationAug 31, 2011 | Parker Waichman LLP
Preseve Evidence of Damage Caused by the Banned Herbicide
Lawyers for Imprelis victims want a court to require that DuPont notify property owners and landscapers of the appropriate way to preseve evidence of damage caused by the banned herbicide. A group of attorneys in six combined Imprelis lawsuits filed a motion with the U.S. District Court in Delaware seeking a preliminary injunction against DuPont. A hearing on the motion is scheduled for September 20.
DuPont announced on August 4 that it would suspend sales of Imprelis, and said that it was working on a refund and return program for its customers. A week later, the U.S. Environmental Protection Agency (EPA) formally banned sales ofImprelis after data provided by DuPont confirmed that certain coniferous trees, including Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis.
Just last week, DuPont sent customers a letter with information about its Imprelis recall. Among other things, the letter stated that DuPont has established partnerships with several tree companies contracted to help customers with tree removal and disposal procedures.
The plaintiffs' motion was filed on August 22. It states that "evidence that may be necessary to prove which trees it injured and killed, and the amount of damages that resulted, is dissipating with each passing day and may be unwittingly destroyed as trees are replaced."
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