Did you own property near and downwind from the former Rocky Flats Nuclear Weapons Plant (in Jefferson County, northwest of Denver, Colorado) on June 7, 1989? Are you an heir of someone who did? Are you the successor of an entity that did? If so, you could get money from a proposed $375 million class action settlement.
A $375 million Settlement has been proposed in a lawsuit against the former operators of the Rocky Flats Nuclear Weapons Plant. The lawsuit, filed in 1990, claims that Rockwell International Corp. (“Rockwell”) and The Dow Chemical Co. (“Dow”) caused the properties owned by the Class Representatives and the other Class Members in the Property Class Area (see map above) to be contaminated with plutonium, a hazardous radioactive substance, which caused the properties’ values to be less than they otherwise would have been and which substantially interfered with Class Members’ use and enjoyment of their property.
Defendants deny Plaintiffs’ claims in general and specifically deny that they caused harm to the properties owned by Class Representatives and the other Class Members, deny that Defendants substantially interfered with the use and enjoyment of property, and deny that the properties experienced a diminution in value. The case is known as Cook et al. v. Rockwell International Corporation and The Dow Chemical Company, Civil Action No. 90-00181-JLK (D. Colo.). The parties have agreed to settle to avoid additional delay and uncertainty in a case that already is over 26 years old. But, before any money is paid, the proposed Settlement must be approved by the Court.
Who’s Eligible
Class Members of the Rocky Flats class action lawsuit settlement include all persons and entities that owned an interest (other than mortgage and other security interests) in real property within the Property Class Area as of June 7, 1989 (one day after a famous FBI raid of the plant site).
If you are an heir or successor of someone who owned property as of June 7, 1989 in the Property Class Area, you are also eligible.
Potential Award
Varies.
Each eligible Class Member’s proportionate, pro rata, recovery will be determined by using a Court-approved Plan of Allocation. Under the proposed Plan of Allocation, your share of the net Settlement Fund will depend on the assessed value of the property you owned on June 7, 1989.
Proof of Purchase
N/A
Court Documents
Claim Form Deadline
06/01/2017
Case Name
Cook, et al. v. Rockwell International Corp. and The Dow Chemical Co., Case No. 1:90-cv-00181-JLK, in the U.S. District Court for the District of Colorado
Final Hearing
04/28/2017
Settlement Website
Claims Administrator
Cook, et al. v. Rockwell International Corp. and The Dow Chemical Co.
c/o Heffler Claims Group
PO Box 58459
Philadelphia, PA 19102-8459
844-528-0187
Class Counsel
Merrill G. Davidoff
David F. Sorenson
BERGER & MONTAGUE PC
Gary B. Blum
Steven W. Kelly
SILVER & DeBOSKEY PC
Louise Roselle
Paul M. DeMarco
MARKOVITS, STOCK & DeMARCO
Defense Counsel
Bradley H. Weidenhammer
KIRKLAND & ELLIS LLP
