Information on Settlement with MAT Asphalt
13 December 2023
If you currently live or previously lived in certain parts of McKinley Park, Brighton Park, and Back of the Yards, you may be eligible to receive funds in a class action settlement with MAT Asphalt. Eligible households are highlighted on the map at the bottom of this document.
We want to be sure that every neighbor has the information they need to make their own informed decision about whether and how to participate in the settlement. We have asked for all documents to be translated, in order to provide access to all neighbors.
The lawsuit says that odors and other fumes created by MAT Asphalt made it hard for neighbors to use and enjoy their homes normally, interfering with everyday activities like opening windows, using a porch or back yard, and running an air conditioner without bringing smells inside. MAT is choosing to settle this lawsuit without admitting they did anything wrong. You can read full details here on the website for the law firm representing residents in the case, Liddle, Sheets, and Coulson.
If you would like to claim your household’s portion of the settlement, you will need to fill out a claim form. A total settlement of $1.2 million (minus legal fees) will be divided by the number of households who file a claim form that is validated by the court. It does not matter whether you rent or own your home.
If you file a claim form:
It must be sent via physical mail and postmarked on or before January 22, 2024. You sign away your right to sue MAT for smells and particulate matter before the settlement date that prevents you from using your home normally, opening your windows, using outdoor spaces on your property, etc.
You do NOT sign away your right to sue MAT for any medical impacts to your or your family members.
You do NOT sign away your right to sue MAT for interference with the normal use and enjoyment of your residence after the settlement date. However, you will need to wait until after the 30 month cooling off period to file such a suit.
The settlement date is 30 days after the court approves the settlement in a final hearing. The final hearing is currently scheduled for January 31, 2024.
If you do not intend to sue MAT on your own for smells and fumes before March of 2024, filing a claim may be a good option for you.
If you do not file a claim form, you have two other options:
You can opt-out in writing any time before January 8, 2024, which means that you will NOT be part of this settlement, and you retain the right to sue MAT for the same thing covered in this settlement.
You can do nothing, in which case you will not receive any money from the settlement, and you will lose the right to sue MAT for anything covered in this settlement.
In the settlement, MPDC has been named as the recipient of any unclaimed funds left after the Settlement Action is completed. We were not informed about this until the settlement was published, but since the court required someone to be named, we have accepted this role.
That said, the case attorneys assure us that it is highly unusual for there to be any funds remaining after settlement. This should only happen if people who submit a valid claim fail to cash their checks. Accordingly, we encourage all neighbors who file a claim to keep their contact information current with the attorneys to be sure they receive their money.
Neighbors who have questions or want to know more about the settlement should contact the attorneys directly at [email protected] or 1-800-536-0045. See more on the website at: https://www.lsccounsel.com/matasphaltsettlement
Map of households eligible in the settlement: