What is this lawsuit and Settlement about?
The lawsuit alleges that Husky Oil Operations LTD and Superior Refining Company LLC (Collectively "Defendants") were negligent in their operation of the Superior Refinery on April 26, 2018 and did not adequately compensate community members for the costs of the evacuation. Defendants maintain that they have done nothing wrong and that they provided adequate compensation to community members subject to the Evacuation Order through their voluntary Reimbursement Program. The Court has not decided who is right or wrong. Instead, Plaintiffs and Defendants have agreed to a settlement to avoid the risk, cost, and time of further litigation.
How do I know if I am part of the Settlement Class?
You are part of the Class if you were over the age of 18 and subject to the Evacuation Order declared on April 26, 2018 as a result of the Superior Refinery explosion and fire, and seek compensation for economic loss or loss of use and enjoyment of your property, excluding personal injury damages.
The Evacuation Order was issued to everyone within a three-mile radius east and west of the Superior Refinery, as well as within 10 miles south of the Superior Refinery.
What does the Settlement provide?
Defendants have agreed to pay $1.05 million to a Fund, which will be used to pay: (1) notice and settlement administration expenses (up to $169,000); (2) service payments of $2,000 to each Class Representative, for a total payment of $6,000; and (3) monetary benefits to eligible Class Members.
If you are a Class Member and submit a valid and timely claim, you may receive $150 per claimant, not to exceed $300 per household. If Superior Refining Company ‘s Reimbursement Program made payments to you or on your behalf, that amount will be deducted from any amount you may receive under this settlement.
Payments are subject to a possible pro rata adjustment (upwards or downwards) depending on the number of timely and valid claims submitted.
Amounts will be increased pro rata, up to a maximum of $200 per claimant (with an offset for amounts already paid through the Reimbursement Program), not to exceed $400 per household (“Claim Maximum”), if funds are available in the Fund after (i) payment of notice and administrative costs, and (ii) service payments to the Class Representatives.
Amounts will be reduced on a pro rata basis if the amount sought in claims exceeds the total amount remaining in the Fund after (i) payment of notice and administration costs, and (ii) service payments to the Class Representatives.
Class Members' legal rights are affected whether they act or don't act. Read the Long-Form Notice carefully.