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Golf course manager suing DuPont over herbicide

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An Indianapolis-based golf course manager is leading a national class-action lawsuit charging that a herbicide manufactured by DuPont is killing trees and other vegetation.

R.N. Thompson Golf, which operates several area courses, including Gray Eagle, Ironwood, Winding Ridge, and Southern Dunes, said it has witnessed "catastrophic tree loss” after applying the herbicide Imprelis.

The two law firms representing the class-action suit, Lieff Cabraser Heimann & Bernstein of San Francisco and Starr Austen & Miller of Logansport, announced the filing in a federal court in Delaware on Monday.

Their complaint alleges that Delaware-based DuPont failed to disclose the risks Imprelis poses to trees, even when applied as directed, and failed to provide instructions for safe application.   

Mario Massillamany, a lawyer at Starr Austen, estimated the damages to R.N. Thompson’s golf courses to be “hundreds of thousands of dollars.”

R.N. Thompson began using the herbicide in late April and began noticing signs of destruction about a month later. Most of the heavy damage has occurred at Winding Ridge in Lawrence, where between 130 and 160 trees have died since Imprelis was applied, Massillamany said.

Trees have also suffered damage at Southern Dunes in Indianapolis and at Gray Eagle and Ironwood in Fishers.
 
“I don’t think there’s any way to stop the destruction,” Massillamany said. “Once it starts, it’s over.”

Lawyers said they’ve engaged a leading scientist in the fields of forest resources, tree physiology, and landscape management to further identify the cause and nature of the problem and to recommend steps property owners should take to preserve evidence.

“Even though it’s a new product, Imprelis has been widely adopted by landscapers and lawn-care specialists who believed DuPont’s claims that it is safe and an environmentally friendly herbicide,” said Jonathan Selbin, a lawyer at Lieff Cabraser, in a prepared statement. “Instead, the evidence is quickly piling up that Imprelis is attacking trees as if they are weeds.”

R.N. Thompson CEO Mark Thompson said the company has received numerous complaints and inquiries about the tree damage and appearance of its courses from customers.

“We filed this lawsuit to inform other businesses and homeowners about this problem to let them know there is reason their trees are dying and to give them a course of action to fix the problem,” Thompson said in a written statement.

R.N. Thompson is joined as a leading plaintiff in the lawsuit by a Pennsylvania homeowner who claims trees in her yard died after she sprayed the herbicide.

Plaintiffs are seeking compensation for the cost of replacing damaged trees and an injunction preventing DuPont from continuing to sell Imprelis.

Dupont began selling Imprelis last November as a high-concentration herbicide that kills tough-to-control lawn weeds such as clover and the vine known as "creeping Charlie." Imprelis costs about $750 per gallon, but it only takes about 4.5 ounces to treat an acre of lawn.

In mid-June, DuPont responded to mounting complaints about the use of Imprelis, saying: "Our turf development team has been investigating these reports and we are trying to better understand the circumstances and whether the various symptoms are related to applications of DuPont Imprelis herbicide. Our investigation is not complete and we will need your help in gathering necessary information and in determining what variables may have contributed to the symptoms being observed.”

A majority of the damage involves Norway spruce or white pine trees, which are common on golf courses. As a precaution, DuPont instructed users to avoid applying the herbicide where those types of trees are present.

This story originally ran in the July 19, 2011, IBJ Daily. The IBJ is a sister pubilcation of Indiana Lawyer.
 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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