July 15, 2011
Labaton Sucharow LLP, Along With its Co-Counsel The Miller Law Firm, P.C., Filed a Class Action Lawsuit on Behalf of Purchasers and Users of DuPont's Imprelis® Herbicide
NEW YORK (July 15, 2011) — 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."