EAST PALESTINE, Ohio – Norfolk Southern and attorneys representing nearly 200 residents affected by the 2023 East Palestine train derailment are asking a judge to reject efforts to overturn the $600 million class-action settlement, according to WFMJ.
In filings submitted last week, Norfolk Southern called the motions “without merit,” saying they rely on publicly available information already presented to the court. The motions, filed by a group of class members, claim that attorneys and the railroad concealed critical information, leading residents to sign personal injury releases for inadequate compensation.
“These motions are an improper repetition of concerns previously raised and overruled,” Norfolk Southern stated, pointing out that objections about environmental harm and chemical exposure were considered and dismissed during the settlement’s approval process.
The railroad emphasized that no new evidence has been presented and that complainants have failed to prove fraud. “Movants fail to point to any material, new information that was not publicly available before the Settlement was approved,” Norfolk Southern wrote.
The challengers also cited concerns over environmental testing and long-term contamination, including an air modeling analysis by Dr. Peter DeGaetano. Norfolk Southern dismissed these claims as “misguided speculation” and noted that validated testing by the U.S. Environmental Protection Agency and Ohio EPA contradicts the allegations.
The motions seek to undo personal injury releases, but Norfolk Southern argued that the settlement allows claims for future injuries, including latent illnesses such as cancer. The company also noted that at least 13 claimants have already received compensation under the settlement.
“The motions are untimely and attempt to use extraordinary relief as a backdoor appeal,” Norfolk Southern said, adding that the underlying claims are already on appeal before the Sixth Circuit Court.
The settlement was finalized in September 2024, and Norfolk Southern contends that the motions fail to provide new facts or evidence of fraud, leaving the court without a reason to overturn the agreement.
