PPG Jersey City Settlement

You received a copy of the Notice because you have been identified as an individual who is potentially eligible to receive benefits from this Settlement. As a potential Class Member, you have a right to know about the proposed Settlement and your options, before the Court decides whether to approve the Settlement.

The Court in charge of the case is the United States District Court for the District of New Jersey, and the case is called Mattie Halley, et al. v. PPG Industries, Inc., Civil Action No. 2:10-cv-3345.

On May 17, 2010, three plaintiffs filed this lawsuit on behalf of themselves and as the representative of a class of similarly situated persons, asserting nuisance and other claims, alleging their properties have been adversely impacted by a chrome ore processing plant and the generation, disposal and alleged historical failure to properly remediate hexavalent chromium contamination and COPR within the Settlement Class boundaries and at several locations around 880-900 in Garfield Avenue on the east side of Jersey City, New Jersey, and in other areas of Jersey City.

The COPR and alleged related hexavalent chromium contamination came from a chromium manufacturing facility formerly operated at 880-900 in Garfield Avenue on the east side of Jersey City, New Jersey, and in other areas of Jersey City from 1905 until 1963.

These three plaintiffs alleged that the generation, disposal and historical failure to properly remediate these chromium sites and associated contamination adversely impacted their use and enjoyment of and caused other property damage to their properties.

All requests to update your name and/or mailing address must be received in writing and include your full name, current and former mailing address as well as the statement that you wish to update your name or mailing address. If you wish to update your name, you must also submit documentation to support this change such as a marriage license, divorce decree or other legal documentation. Please submit your request via email to Questions@PPGJerseyCitySettlement.com, or submit your request by mail to:

PPG Jersey City Settlement
c/o Epiq
P.O. Box 10669
Dublin, OH 43017-9369

If you received a copy of the Notice in the mail without requesting it, land records show you may be a current or former owner of Class 2 Residential Property covered by this case. That would make you a Class Member. A map showing the area covered by this case is attached to the Notice you received.

The Settlement Class is called “Class B”. Land records show that you may be a member of “Class B”.

Class B includes properties generally bounded by Ocean Avenue between Bayview Avenue and Grand Street; Grand Street between Ocean Avenue and Communipaw Avenue; Communipaw Avenue between Grand Street and before Communipaw turns northeast; Suydam Avenue, Pine Street, and Whiton Street southwest of Communipaw Avenue; Distillery Drive; Pacific Avenue from Communipaw Avenue to Caven Point Avenue; Caven Point Avenue between Pacific Avenue and Garfield Avenue; Garfield Avenue between Caven Point Avenue and Bayview Avenue; and Bayview Avenue between Garfield Avenue and Ocean Avenue. Class B includes properties located on both sides of the boundary streets contained in the class definition. Class B is depicted in Exhibit A attached to the Notice you received.

“Class B” is divided into three Zones, “Zone 1”, “Zone 2”, and “Zone 3”. The properties in Zones 1, 2, and 3 are depicted on the maps identified as Exhibits B, C, and D attached to the Notice you received.

The deadline for Class B members to submit Claim and Release Forms to be entitled to a portion of the Settlement Fund was January 18, 2021. The distribution for this matter took place on April 28, 2021.

The deadline to exclude yourself was January 18, 2021.

The deadline to Object was January 18, 2021.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

If you do nothing you will be bound by what the Court decides and you will give up your right to sue PPG for any of the claims in this lawsuit. You will also not get any money from the Settlement.

The Settlement Agreement, which is available here, describes the details about the Settlement.

In general, the Settlement requires PPG to place $5,000,000.00 into a settlement fund to be distributed (after payment of certain expenses) to eligible Class Members. Thus, the Settlement provides for a monetary payment to the owners of each eligible property in Class B.

Payments were issued to eligible Class Members on April 28, 2021 and mailed to the address on the Claim Form.

If you are a Class B Member who has submitted a timely and complete Claim and Release Form to the Claims Administrator, you were paid in the amount determined by the Claims Administrator to be awarded to you in accordance with the terms of the Settlement Agreement, which can be viewed here.

The Settlement will provide cash payments to those who qualify. The exact amount of any final payment to the property owners will depend on the Court’s award of attorneys’ fees and expenses, the costs of administration, and the number of eligible members participating in each zone. However, if all eligible properties in each zone participate, it is estimated that each eligible property in Subclass Zone 1 will receive approximately Two Thousand Five Hundred Dollars ($2,500.00); each Settlement Class Property in Subclass Zone 2 will receive approximately Two Thousand Dollars ($2,000.00); and each Settlement Class Property in Subclass Zone 3 will receive approximately One Thousand Dollars ($1,000.00).

The amount any individual property owner receives will be calculated by the Claims Administrator and will be based on the duration of ownership during the period May 17, 2010, through June 5, 2019. If you were the sole property owner during this time period, you will receive the entire amount allocated to your property. If you owned the property during this period, but someone else owned the property either before or after you and also during this time period, payments for your property will be divided among you and the other owner.

In order to be included in the Settlement, you must have owned an eligible property at any time during the period May 17, 2010, through June 5, 2019.

If you owned an eligible property during this period, but someone else owned the property either before or after you and also during this time period, payments for your property will be divided among you and the other owner based on how long you each owned the property.

If you can demonstrate that you owned the property during the period May 17, 2010, through June 5, 2019 then you will be eligible to receive a payment.

If you file a valid claim, the Claims Administrator will write a single check payable to all co-owners of the property. The check will be mailed in care of the person to whom the Notice was mailed.

You have the right to ask the Claims Administrator or the Court to reconsider the decision on your claim if you believe that the Claims Administrator has incorrectly calculated the amount of any payment.

Please review the notice of payment carefully when you receive it because there are specific time limitations regarding the reconsideration process.

Yes. The Court has appointed the lawyers and firms listed below as “Class Counsel,” meaning that they were appointed to represent you and all Class Members:

Steven J. German,
Joel Rubenstein
GERMAN RUBENSTEIN LLP
19 West 44th St
Suite 1500
New York, NY 10036
: 212-704-2020

You will not be charged for these lawyers. Their fees will be paid out of the Settlement Fund, as explained below. If you want to be represented by your own lawyer, you may hire one at your own expense.

The Court held the Fairness Hearing at 2:00 p.m. on January 28, 2021. The hearing was conducted through Zoom.

On March 15, 2021, the Court entered the Order and Final Judgment Approving Class-Action Settlement (the "Distribution Order") authorizing the distribution of the Settlement proceeds to eligible Class Members.

The distribution for the PPG Jersey City Settlement occurred on April 28, 2021 to all Class Members who filed an eligible claim.

Please be advised that checks are only valid for 90 days after the issue date.

Check reissue requests must be submitted in writing to the Claims Administrator. Please be sure to include your full name, current address, former address if you need to update your contact information, claim number, and a daytime telephone number with the best time to contact you.

You may mail your request to:
PPG Jersey City Settlement
c/o Epiq
P.O. Box 10669
Dublin, Ohio 43017-9369

Or you may email your request to: Questions@PPGJerseyCitySettlement.com

If you believe you are entitled to act on the decedent’s behalf please provide a copy of the death certificate and a letter detailing who you are, your relationship to the decedent along with the check you received.

Please also provide documentation which supports your right to act on behalf of the decedent or to accept funds on behalf of the estate.

Acceptable documentation includes but is not limited to Probate Order, Last Will and Testament, an Order appointing you as the Administrator or Executor of the Estate and a Small Estate Affidavit.

Please mail copies of these documents to:

PPG Jersey City Settlement
c/o Epiq
P.O. Box 10669
Dublin, Ohio 43017-9369

You may also email copies of your documentation to: Questions@PPGJerseyCitySettlement.com.

Please do not send the Claims Administrator original versions of documents.

If your request is complete your check will be reissued as soon as possible.

Claims were calculated in accordance with the court-approved Plan of Allocation of Payments to Class Members as set forth in the Settlement Agreement.

You will find answers to common questions about the Settlement and other information to help you determine whether you are a Class Member and whether you are eligible for a payment on this website. If you still have questions, you can call 1-866-977-0858 toll-free, email Questions@PPGJerseyCitySettlement.com or write to Epiq at:

PPG Jersey City Settlement
c/o Epiq
P.O. Box 10669
Dublin, OH 43017-9369

Please do not contact the Court for further information.