In Re Behr Dayton Thermal Products, LLC.
Case No. 03:08-cv-00326 (WHR)
If, on or after April 1, 2006, you owned property in an area alleged to have vapor intrusion arising from certain volatile organic compounds, a pending lawsuit may affect your rights.
A court authorized this notice. This is not a solicitation from a lawyer.
- In 2008, four residents of the McCook Field neighborhood of Dayton, Ohio filed a class-action lawsuit against Chrysler LLC , now known as Old Carco LLC (“Old Carco”), Behr Dayton Thermal Products LLC and Behr America, Inc., now known, respectively, as MAHLE Behr Dayton LLC and MAHLE Behr USA, Inc. (collectively “Behr”), and Aramark Uniform & Career Apparel (“Aramark”). In that lawsuit, the four residents alleged they had experienced vapor intrusion from certain volatile organic compounds (VOCs) originating from underground plumes† . The lawsuit seeks damages for property damage. The lawsuit is pending in the United States District Court for the Southern District for Ohio and presided over by the Honorable Walter H. Rice, U.S.D.J., in Dayton, Ohio.
- The Court has certified certain issues (the “Certified Issues”) to be determined on a classwide basis, i.e., as to all individuals who owned property (whether commercial, tax-exempt or residential) in the area in question at any time on or after April 1, 2006. A jury trial of the Certified Issues is scheduled to commence July 25, 2022 (the “Issues Trial”). The Certified Issues to be decided at the Issues Trial are identified under Question 3 in this notice.
- The Court has not decided whether Old Carco, Behr or Aramark did anything wrong. And, each of them has denied liability for each of the Certified Issues to be determined at the Issues Trial.
- There is no money available now, and no guarantee that there ever will be. At the conclusion of the Issues Trial, depending on the results, any individuals who owned property in the area in question may have to commence their own lawsuit against Old Carco, Behr, and/or Aramark if they want to obtain any financial compensation. However, your legal rights are affected by the upcoming Issues Trial, and you have a choice to make now.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Stay in this lawsuit. Await the outcome. Give up certain rights.
If you do nothing, you will be bound by the outcome of the Issues Trial. You will be able to use the findings a jury makes on the Issues that are favorable to the Plaintiffs in a future proceeding to determine whether you are entitled to compensation. You will give up any right to challenge a final determination of the Issues that is unfavorable to the Plaintiffs. You can choose to be represented by the lawyers identified below (“Plaintiffs’ Counsel”) or hire another lawyer who has not been involved in the litigation.
Ask to Be Excluded:
Get out of this lawsuit. Get no benefits from it. Keep rights.
If you ask to be excluded from the lawsuit and a determination is made on any of the certified issues at or before the Issues Trial, you won’t be bound by that finding. You will have to bring your own lawsuit and prove your entire case, including the issues to be decided at the Issues Trial.
- Your options are explained on this website. To ask to be excluded, you must request to be excluded before October 27, 2021 or you will be bound by the result of the Issues Trial.
- Plaintiffs must prove the Certified Issues against Old Carco, Behr, and/or Aramark at the Issues Trial set to start July 25, 2022.
FREQUENTLY ASKED QUESTIONS
THE CLAIMS IN THE LAWSUIT
YOUR RIGHTS AND OPTIONS
You have to decide by October 27, 2021 whether to allow the jury’s answers to the Certified Issues to be binding on you, whether they are favorable or unfavorable to your claim, or ask to be excluded. You have to decide this now!
DOCUMENTS RELATED TO THE SETTLEMENT
Click on the links below to download documents related to the lawsuit.
Court’s Decision and Entry Overruling in Part and Sustaining In Part Plaintiffs’ Amended Renewed Motion for Class Certification and Conditionally Certifying Various Issues for Class Treatment Under Federal Rule of Civil Procedure 23(c)(4);