You could get a payment from a class action settlement involving certain barges manufactured by Trinity Marine Products, Inc. (“Trinity Marine”) and/or Trinity Industries, Inc. (“Trinity Industries”) from 1996 through 2003.
This is the official Court website for the “Waxler Transportation Company, Inc. v. Trinity Marine Products, Inc., et al.,” Suit No. 49-741, Division “B” (“Waxler”) class action lawsuit. A tentative settlement has been reached in this class action lawsuit. Waxler generally stems from the application of allegedly defective coatings (any type of Duro-Seal) to deck barges, hopper barges, and tank barges manufactured by Trinity Marine and/or Trinity Industries. Please review the case documents, time periods, and related documents by clicking on the links provided on this page to see if you’re included in this settlement.
The Court has granted final approval to an $18,000,000 settlement in Waxler to pay amounts to holders of valid claims as well as lawyers’ fees and costs approved by the Court; alternate compensation also will be made available. A location called a claims office was set up where the people included, called Class Members, could submit claims via U.S. mail. The claims office is now closed. The Court will decide how much each Class Member who filed a valid claim gets. Only valid claims will be compensated. Click the links provided on this page to read the Court-ordered notices, the Settlement Agreement, other Court orders, and related documents.
Please be aware that the deadlines in the notices have now passed. However, no compensation can be provided to Class Members until after the Effective Date, which will not occur until certain conditions to the settlement have been satisfied. That is not expected until sometime during the first half of 2008; at which time, Class Members who have timely filed valid proofs of claim will be notified of their proposed compensation. In the meantime, please do not contact the Court or the CADA requesting compensation information.
1. Mail/Summary (Publication) Notice.
a. Exhibit 1--Price Equation 1
b. Exhibit 2--Price Equation 2
c. Exhibit 3--Escrow Agreement
d. Exhibit 4--Order of Preliminary Approval
e. Exhibit 5--Certification Order
f. Exhibit 6--Final Order and Judgment
g. Exhibit 7--Class Member Release
h. Exhibit 8--Discounted Deck/Hopper Barge Schedule
i. Exhibit 9--Discounted Tank Barge Schedule
6. Preliminary Approval Order.
8. Amended Class Certification Order.
9. The Lawyers Representing You.
10. CADA's Report and Recommendation On Reserves and Order Preliminarily Approving the Same.
11. Order Approving Notice Plan and Scheduling Fairness Hearing and Other Related Orders.
13. Order Awarding Attorneys’ fees, Costs and Special Incentive Awards to Class Representatives.
In the continuing litigation against certain nonsettling defendants, the Court has ordered that the notice that may be viewed by clicking on the following link be posted on this website: Barge Inspection Notice. THIS BARGE INSPECTION NOTICE IS UNRELATED TO THE SETTLEMENT THAT IS OTHERWISE BEING NOTICED ON THIS WEBSITE AND DOES NOT IN ANY WAY AFFECT SUCH SETTLEMENT. Should you have any questions regarding the Barge Inspection Notice or the Court's order with respect thereto, call toll free 1-877-722-9002 or write to Waxler Class Counsel at P.O. Box 2002, Chanhassen, MN 55317-2002.
Call 1-877-722-9002 with Questions
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