Appeal Could Delay East Palestine Settlement Payments
EAST PALESTINE, Ohio – One person filed an appeal to the $600 million East Palestine train derailment settlement – a move that could delay payment to residents and businesses for two years, attorneys who negotiated the agreement said.
A Monday news release from the plaintiff’s attorneys said Joseph Sheely – represented by David Graham Insurance Lawyers of Jacksonville, Fla., and Cleveland, Tenn. – filed a notice of appeal to the U.S. Court of Appeals for the 6th Circuit. The action came Friday, the same day that Judge Benita Pearson of the U.S. District Court of the Northern District of Ohio approved the $600 million settlement between Norfolk Southern and the class-action group attorneys.
A Norfolk Southern train derailed Feb. 3, 2023, in the village, leading to evacuation of homes and businesses.
About 92% of the community participated in the settlement, and 55,000 claims were filed.
The plaintiffs’ court-appointed class counsel – Seth A. Katz of Burg Simpson Eldredge Hersh & Jardine, P.C., Elizabeth Graham of Grant & Eisenhofer P.A., and Jayne Conroy of Simmons Hanly Conroy – led a team of more than 40 law firms that worked on behalf of the community for more than a year, which ultimately led to the settlement, the news release said.
“We are deeply disappointed by this appeal, which will prevent the swift payment of direct household and business loss claims to this community which voted overwhelmingly in support of the settlement,” a statement from the attorneys reads. “We will do everything in our power to quickly resolve this appeal and prevent any further burdens on the residents and local businesses that want to move forward and rebuild their lives. It is tragic that one person is substituting their judgment for the entire community who wants this settlement, and instead of opting out they have gone this route. But ultimately, only the objector who appealed can decide whether he should continue making arguments that have been rejected by the District Court, and now delay recovery and further burden this community which was counting on the settlement’s benefits to be delivered swiftly.”
Pictured at top: This photo taken with a drone on Feb. 4, 2023, shows portions of a Norfolk Southern freight train that derailed Feb. 3 in East Palestine, Ohio. (AP Photo | Gene J. Puskar, File)
Published by The Business Journal, Youngstown, Ohio.
