Parker Waichman LLP Files Second Imprelis Class Action LawsuitJul 28, 2011 | Parker Waichman LLP
Parker Waichman LLP and its partner firms have filed a second class action lawsuit claiming DuPont's Imprelis herbicide caused damage to landscape trees. The Imprelis lawsuit was filed in U.S. District Court for the Northern District of Iowa, Cedar Rapids Division, and seeks damages from DuPont on behalf of any property owner who sustained damage as a result of Imprelis.
The lead plaintiffs in the Imprelis class action lawsuit are Daryl and Mary Ann Haley. They are seeking injunctive relief barring DuPont from continued sale of Imprelis, and compensatory and other damages including the cost of replacing trees damaged by Imprelis.
The Haley's lawsuit alleges that Imprelis is a "frighteningly effective tree killer," and that "thousands of trees have been reported as being infected by Imprelis, and tens of thousands more reports are expected in the future.” The Haley's lawsuit charges DuPont with, among other things, negligence and breach of implied warranty.
Just yesterday, DuPont issued a letter to turf management professionals acknowledging its own investigation had found tree injuries associated with Imprelis, primarily on Norway spruce and white pine trees. The problems are concentrated in Minnesota, Michigan, Indiana, Ohio, Pennsylvania, New Jersey and Wisconsin, the letter said. The letter promised to work with recipients to "promptly and fairly resolve problems associated with our product," and announced the launch of the Imprelis-Facts website, as well as a toll-free number for information that will go online next week.
Imprelis, which is sold exclusively to licensed landscapers, was only brought to market last October. It is used to eliminate broadleaf weeds, and was touted by DuPont as being environmentally safe and an "innovative solution to control a wide spectrum of broadleaf weeds." However, by Memorial Day, turf professionals around the country began reporting damaged and dying trees on lawns were Imprelis was sprayed. By June, extension services in Pennsylvania, Ohio, Indiana and Michigan had issued alerts about Imprelis, and the U.S. Environmental Protection Agency (EPA) was preparing to launch an "expedited" review of Imprelis.
Just last week, Parker Waichman LLP and it partner firms filed their first Imprelis lawsuit in U.S. District Court for the Northern District of Ohio, Eastern Division on behalf of an Ohio property owner. The group expects to file additional Imprelis tree poisoning claims in the near future.