Industrial Talc Asbestos Settlement

If you or a close relative ever filed an asbestos lawsuit based on exposure to Emtal Talc, used in the manufacturing of industrial products, you could receive a payment from a proposed $72.5 million class action settlement fund.

The Williams Emtal Talc Settlement Fund (“Settlement Fund”) was established in the Williams Class Action under a Settlement Agreement (“Settlement Agreement”) preliminarily approved by the United States District Court, District of New Jersey, ECF No. 623 on September 3, 2020. If and when the Settlement Agreement is finally approved by the Court following a Fairness Hearing currently scheduled for July 29, 2021, the Settlement Fund will be used to  pay compensation to eligible Settlement Class Members (Class Members)  who timely submit Claim Submissions in accordance with a Plan of Distribution (POD ) approved by the Court.

The Settlement Fund‘s proposed POD establishes the policies and procedures for submitting, receiving, reviewing and paying claims for asbestos personal injuries and other damages that were the subject of the claims asserted in the Williams Class Action. These procedures include the claim form and authorizations and the supporting documents that must be filed with the Settlement Fund as a Claim Submission.

Claims Submissions may be submitted to the Settlement Fund on or after September 17, 2020, and must be filed and completed by January 15, 2021 in order to be timely and eligible for payment if the Claimant is eligible. Instructions on how to opt-out are in the Notice to the Class.

Class Members seeking to opt out of the Settlement Class must mail a signed letter or other written document to the Administrator (Verus, LLC) requesting exclusion from the Settlement Class post marked by December 16, 2020.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: 

STAY IN THE SETTLEMENT CLASS AND SUBMIT A CLAIM 

The only way to get a payment 

To receive monetary benefits, you will need to timely submit a claim. However, if the Court approves the Settlement you will be bound by the terms and release contained in the Settlement even if you do not submit a claim, unless you exclude yourself as described below.  

EXCLUDE YOURSELF  

Get no payment. 

This option allows you to pursue a lawsuit against defendant BASF, defendant Cahill Gordon & Reindel LLP and any of their co-defendants about the legal claims in this case. It also is the only option that allows you to ever be part of any other lawsuit against BASF or the other parties being released under the Settlement Agreement for any asbestos-related personal injury or wrongful death claim, whether the injury or claim is known or unknown, including any potential subsequent asbestos-related personal injury or wrongful death claim that may arise in the future.  

OBJECT  

Write to the Court if you do not like the Settlement.  

GO TO A HEARING  

Ask to speak in Court about the fairness of the Settlement.  

DO NOTHING  

If you do nothing, you will remain in the Class Action as a Class Member and will not, in the future, be able to pursue any other lawsuit against BASF, Cahill or the other parties being released under the Settlement Agreement for any asbestos injury or wrongful death claim, known, unknown or potential, including any possible secondary disease or second asbestos injury claim that may arise in the future.  If you do not timely file a complete Claim Submission with the Administrator, you will not receive compensation. 

The deadline to file a Claim Submission Form  is January 15, 2020 and the deadline to submit all required supporting documents necessary to complete a claim (Document Submission Deadline) is February 19, 2021.

 

Important Dates and Deadlines 

Class Membership Exclusion (opt-out) Deadline 

December 16, 2020

Claim Submission Deadline 

January 15, 2021

Claim Document Submission Deadline 

February 19, 2021

Objection and Intervention Submission Deadline  

December 16, 2020

Fairness Hearing 

July 29, 2021