Published: July 15, 2011
Law Firms Labaton Sucharow LLP and The Miller Law Firm, P.C. Announce Class Action Lawsuit Against DuPont
NEW YORK - (BUSINESS WIRE) - Labaton Sucharow LLP, along with its co-counsel The Miller Law Firm,
P.C., filed a class action lawsuit on July 14, 2011 in the United States
District Court for the District of Delaware. The lawsuit, believed to be
the first in the country to address these allegations, was filed on
behalf of purchasers and users of DuPont's Imprelis herbicide between
October 4, 2010 through and including future date of trial. The action
charges DuPont with consumer fraud, unjust enrichment, negligence,
product liability and damage to land under both Delaware and Michigan
law.
Since 2010, DuPont has actively touted Imprelis to its consumers of
lawn care products as an environmentally-friendly herbicide that is
"effective for broadleaf weed control..." and which "is not impacted by
rain, hot temperatures or cool temperatures." However, contrary to
DuPont's representations, the class action alleges that applications of
Imprelis were immediately followed by lethal damage to mature landscape
trees resulting in damages across the country which are projected to be
in the millions of dollars.
"We intend to seek remedy for all consumers who have potentially
suffered harm," said Miller Law Firm Partner E. Powell Miller.
Specifically, Plaintiffs allege that DuPont misrepresented the safety of
Imprelis to consumers, and concealed or omitted the fact that Imprelis
caused serious environmental damage to trees. Plaintiffs also allege
that DuPont had a duty to ensure its product's safety, and in failing to
do so, Plaintiffs incurred severe damages from DuPont's negligent
conduct. Finally, Plaintiffs allege that DuPont was unjustly enriched by
receiving compensation for Plaintiffs' purchases of Imprelis, and it
should be divested of such enrichment with damages awarded to Plaintiffs.
Said Labaton Sucharow Partner Christopher J. Keller, "This supposedly
safe product potentially killed thousands of mature trees. These can't
just be replaced by going to the garden store, it takes 30 years for
most species to reach maturity. Many of the people who were affected by
Imprelis won't see their trees replaced during their lifetimes and we
think that they deserve to be repaid for that damage."
About Labaton Sucharow
Labaton Sucharow LLP, with offices in New York, New York and Wilmington,
Delaware, is one of the country's premier law firms representing
institutional investors in class action and complex securities
litigation, as well as consumers and businesses in class actions seeking
to recover damages for anticompetitive practices. It is consistently
among the top plaintiffs litigation firms based on its rankings in Chambers
& Partners, The Legal 500 and The National Law
Journal's Plaintiffs' Hot List. The Firm has been a champion
of investor and consumer rights for close to 50 years, seeking recovery
of current losses and necessary governance reforms to protect investors
and consumers. Labaton Sucharow has been recognized for its excellence
by the courts and its peers. More information about Labaton Sucharow is
available at www.labaton.com
About The Miller Law Firm
The Miller Law Firm, P.C., headquartered in Rochester, Michigan, is
recognized throughout the United States as a leader in complex business
lawsuits and securities and consumer class action litigation. More
information about the Miller Law Firm is available at www.millerlawpc.com
Labaton Sucharow LLP
Jennifer
Bankston, 212-907-0659
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