West Virginia Water Contamination Class Action Settlement

Who is a Class Member

  • Residential households: Any resident of a residence provided tap water service from West Virginia American Water’s Kanawha Valley Water Treatment Plant
  • Businesses: Any business operating at a property location that received tap water from West Virginia American Water’s KVTP on January 9, 2014
  • Hourly workers: Hourly wage earners who can show they lost wages as a result of the Elk River Spill

Preliminary Settlement Approval Granted

  • $151,000,000

Required Documentation (Proof)

According to the terms of the settlement for most class members, there are two payment options:

Simple Claim Form Option providing set amount payments – without the need to submit documentation of actual losses – for Residential Households, Businesses or Governmental Entities

OR

Individual Review Option providing reimbursement of documented losses for Residential Households, Businesses, Governmental Entities, Wage Earners, and additional payment options for Medical Claimants and Pregnancy Claimants.

Online Claim Form

  • class action lawsuits

Important Dates

  • 10/11/17: Claims can be filed both online and by mail
  • 9/22/17: Judge grants preliminary approval

Case Information

  • Good et al. v. American Water Works Co. Inc. et al.,
  • Case number 2:14-cv-01374,
  • Pending in the U.S. District Court for the Southern District of West Virginia

The Good et al. v. American Water Works Co. Inc class action lawsuit revolves around the 2014 coal-processing spill in the Elk River.  Class members contend the spill caused loss of drinkable water, water-loss related expenses, lost hourly wages, lost profits and physical injuries.  U.S. District Judge John T. Copenhaver Jr. initially denied the original settlement proposal on 7/6/17 but granted preliminary approval on 9/22/17 once some issues of the case were renegotiated.

Class Counsel

  • Van Bunch of Bonnett Fairbourn Friedman & Balint PC
  • Kevin W. Thompson of Thompson Barney Law Firm
  • Stuart Calwell, Alex McLaughlin and D. Christopher Hedges of The Calwell Practice LC
  • Anthony J. Majestro of Powell & Majestro PLLC
  • Benjamin L. Bailey of Bailey & Glasser LLP
  • Marvin W. Masters of The Masters Law Firm LC

Defense Counsel

  • American Water Works Co. Inc., West Virginia-American Water Co. and American Water Works Service Co. Inc. have hired Thomas J. Hurney Jr., Kent Mayo, and Steven Leifer
  • Eastman Chemical Co has obtained the services of Marc E. Williams and Robert L. Massie (from the law firm of Nelson Mullins Riley & Scarborough LLP) and Deborah Greenspan and Robert Scott (from Blank Rome LLP)

Settlement Website

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