Cuppels v Mountaire Corporation et al.
Civil Action No. S18C-06-009 CAK
Delaware Superior Court

On April 12, 2021, the Court approved a $65,000,000 settlement ("Class Action Settlement") that certified the "Mountaire Settlement Class" and authorized distribution of the fund in accordance with the Allocation Plan.  The "Mountaire Settlement Class" consists of: all Persons who, on or after May 1, 2000, owned, leased, resided on, or were employed on a full-time basis at: (a) property located in whole or part within the Groundwater Area, which is geographically bounded by the solid blue line on Exhibit A, and not the Air Area, which is bounded by the dashed red line on Exhibit A; (b) property located in whole or part within the Air Area, but not the Groundwater Area; and (c) property located in whole or part within both the Groundwater Area and the Air Area. 

Payments have been issued to perfected claims and the Claims Administrator and Allocation Team continue to work to implement the Plan of Allocation and resolve outstanding issues. Under the terms of the settlement, the window for requesting inclusion as a "Late Filer" based on extraordinary circumstances has closed. Accordingly, the Claims Administrator is no longer accepting "Late Filed Claims", as defined in the Plan of Allocation.

The Settlement provided for a Latent Injury Fund for the purpose of compensating Class members who "[...] may show signs of harm that may only be manifested, and require treatment, at some later time following the conclusion and final approval of the initial allocation. [...]" In accordance with the Plan of Allocation, "[...] Should a member of the Settlement Class, over the course of the five (5) years following Final Approval of the proposed Settlement Agreement, develop documented, causally related medical symptoms requiring medical treatment unknown to the Class member as of the Bar Date, such Class member may apply to the Claims Administrator for funds from the Latent Injury Trust Fund, solely to pay for such treatment."

The Special Master is finalizing a plan for distributing payments to minors through their parents and guardians and expects to provide instructions in the near future.  If you have not yet sent back the Minor Claimant Information Form, please do so immediately,