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Parker Waichman LLP Files Imprelis Class Action Lawsuit on Behalf of Ohio Property Owner

Jul 25, 2011 | Parker Waichman LLP

Parker Waichman LLP is one of several firms representing plaintiffs in an Imprelis class action lawsuit.  The lawsuit, filed in U.S. District Court of the Northern District of Ohio, Eastern Division, seeks to represent anyone who has sustained significant damage to mature landscape trees, especially Norway spruce and others with shallow roots systems, including willows, poplars and conifers.

Luanne Miller, a property owner in Seven Hills, Ohio, is lead plaintiff in the Imprelis class action lawsuit.  The complaint accuses DuPont, the maker of Imprelis, of fraud and negligence. 

According to the lawsuit, Imprelis was applied to Miller’s property on several separate occasions in accordance with directions and instructions supplied by DuPont.  The complaint alleges that as a result of the Imprelis applications, Miller suffered significant damage and harm to trees, and will continue to suffer even further damage to her lawn and garden because of Imprelis.  The lawsuit further alleges that rather than being isolated incidents, thousands of trees have been reported as being infected by Imprelis, and tens of thousands more reports are expected in the future.  

Imprelis, brought to market by DuPont in 2010, is designed to kill broadleaf weeds, including dandelion, clover and wild violet.  Imprelis is only available to landscapers and professional gardeners, and is touted by DuPont as an environmentally-friendly herbicide and an "innovative solution to control a wide spectrum of broadleaf weeds." 

Property owners and landscapers from around the country began reporting Imprelis tree damage  around Memorial Day.  By June, extension services in Pennsylvania, Michigan, Ohio, and Indiana issued alerts about tree damage and death possibly linked with Imprelis.  Now, the U.S. Environmental Protection Agency (EPA) is investigating, and has promised an expedited review of Imprelis.  According to the EPA, it has received complaints about Imprelis from Minnesota, Indiana, Illinois, Ohio, Michigan, Pennsylvania, Maryland, Virginia, Delaware, Wisconsin and West Virginia. 

DuPont Professional Products acknowledged receiving reports of tree deaths and damage possibly associated with Imprelis in a letter to turf management professionals dated June 17.   The company said it is investigating the reports, and has cautioned that Imprelis not be sprayed near Norway spruce or white pine, or in places where the product might drift toward such trees or run off toward their roots.

Parker Waichman LLP continues to receive reports regarding Imprelis tree death and damage.  The firm is investigating these complaints, and expects to file other Imprelis lawsuits in the near future.

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