CSX Transportation $1.75M Class Action Settlement for Explosion Claims

Will Gendron
Editor in Chief
Published
June 21, 2024 10:26 AM
Updated
July 24, 2024
CSX Transportation $1.75M Class Action Settlement for Explosion Claims
Settlement Open for Claims
Award:
Varies
Deadline:
July 18, 2024
SUBMIT CLAIM

CSX Transportation, Inc. has agreed to pay $1,750,000 to settle a class action lawsuit filed in the aftermath of the December 30, 2021 explosion at the CSX Transfer Facility. This settlement aims to compensate individuals who owned or resided in properties affected by the explosion. If you are a current or former owner of real property or a resident in the Curtis Bay Class Area, you may be entitled to a monetary award from this settlement.

Can I Claim an Award?

To be eligible for an award, you must meet specific criteria set by the court. The court has defined Class Members as people who resided in the Curtis Bay Area who:

  • owned residential real property on or since December 30, 2021, OR
  • On December 30, 2021, resided in a residential property that was your primary residence

The Curtis Bay Class Area is defined geographically as:

  • Beginning at the intersection of W. Bay Ave. and E. Patapsco Ave., extending southeast to the intersection of E. Patapsco Ave. and Curtis Ave.
  • Extending south along Curtis Ave until its intersection with railroad tracks (located at approximately 39.216431, -71.586-087).
  • Then southwest to the intersection of Branch Ave. and Arundel Blvd.
  • Then northwest to the intersection of W. Bay Avenue and Church Street.
  • Then north along W. Bay Ave. to the intersection of W. Bay Ave. and E. Patapsco Ave.

The Class Area includes properties immediately abutting the boundary lines described above, including, for example, on the north side of E. Patapsco Ave. between West Bay Ave. and Curtis Ave.

What Can I Receive from the Settlement?

The settlement provides for a monetary payment to the class members. The exact amount of any final payment to the class will depend on several factors, including:

  • The number of submitted valid claims.
  • The Court’s award of attorneys’ fees and expenses.
  • The Court’s award of class representative incentive awards.
  • The costs of settlement administration.

The eligible payment amount will be calculated by the Settlement Administrator once all of these other costs are known. All Class Members who submit claim forms that are validated by the Claims Administrator will share in the distribution of funds.

How to Claim Your Award

To qualify for a payment, you must send in a Claim and Release Form and all required documentation. You can complete the Claim and Release Form online with the login information provided with your Claim and Release Form, or you pay print and mail the claim form postmarked no later than July 18, 2024.

Is Proof Required to Claim the Reward?

Yes, to qualify for a payment, you must send in a Claim and Release Form with proof of ownership or residency by including one of the following documents:

Please attach a copy of one of the following types of documents to establish proof of your ownership or residency:

  • Deed proving ownership of your property
  • Lease Agreement with your name and the address of the property, with dates within the range of relevant period
  • A letter from a government body (e.g., Maryland Department of Human Services) listing your name and the address of the property, with a date within the relevant period
  • Utility bill or bank statement with your name and the address of the property, dated within the relevant period
  • Identification card showing the name and address, such as a drivers license or non-drivers license ID.

How do I Get Paid?

Payments will be made, at the class member’s election, by check mailed to approved class members or by a digital method. Checks will be valid for 90 days. Settlement class members may request that the Settlement Administrator reissue a check for one additional 90-day period for good cause shown.

$1,750,000 Settlement Fund Breakdown

In accordance with the Settlement Agreement, Defendant must place $1,750,000 in a court-approved fund to settle this matter.

Class Counsel may ask the Court for attorneys’ fees up to $577,500, plus costs and expenses reasonably incurred in the Litigation. Class Counsel will also request court approval of Service Awards to the Class Representatives in the amount of $5,000 each. Class Counsel will file the request, along with all supporting documents, at least 30 days prior to the deadline to opt out from or object to the Settlement. The Fee and Service Award Application and all supporting papers will be available for your review on the settlement website at www.curtisbaysettlement.com. The Court will determine the appropriate amount of the attorneys’ fees and awards to be paid. The Settlement is not conditioned upon approval of any of the attorneys’ fees, costs, or service award amounts.

Important Dates

  • Deadline to File a Claim: July 18, 2024
  • Final Approval Hearing: September 11, 2024

What Caused the Lawsuit?

This lawsuit arises out of an explosion that occurred on December 30, 2021, at the CSX Transfer Facility located at 1910 Benhill Avenue, Baltimore, MD 21226. Plaintiffs and the Class alleged that CSX Transportation, Inc. (the “Defendant”) were negligent, strictly liable, caused a nuisance, and caused a trespass to property in the Curtis Bay Class Area. The Defendant denies that it has done anything wrong.

Why is There a Class Action Settlement?

The Court did not decide in favor of the Plaintiffs or the Defendant. Instead, both sides agreed to a settlement. That way, they avoid the costs and risk of a trial, and the people affected will receive compensation. The Class Representatives and Class Counsel think the Settlement is best for Class Members who believe they were injured.

Notice Letter

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Status
Closed
Settlement Amount
$1,750,000
Award
Varies
Is Proof Required?
Proof Required
Proof Required
Days Remaining to file Claim
Claim Deadline
July 18, 2024
Fairness Hearing
Final Approval Hearing
September 11, 2024
Case Number
1:22-cv-02684-MJM
Case Title
Shongo, et al. v. CSX Transportation, Inc.
State
Court
Jurisdiction
Claims Administrator
Settlement Administrator PO Box 23309 Jacksonville, FL 32241 1-800-351-1572
Class Counsel
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