Creosote Litigation
If you are an existing client, please contact us at the Creosote hotline & creosote-claims email.
Dear Client:
Case History & Current Status
Ashworth v. International Paper Co. (2:20-cv-00053) was filed as a class action in January 2020 in the United States District Court for the Western District of Louisiana (Lake Charles Division).
Shortly after the case was filed, defendants Occidental Petroleum Corporation (“Occidental”) and Anadarko Petroleum Corporation (“Anadarko”) initiated litigation against me personally and the lead plaintiff in federal court in New York. They alleged that our case violated a 2014 ruling issued in New York, which they claimed barred individuals in DeRidder, including you, from bringing claims against them in Louisiana.
As a result, the Louisiana court stayed (paused) our case for several years while this issue was litigated in New York. After extensive legal proceedings, we successfully prevailed in New York federal court, which allowed our claims in Louisiana to move forward.
Although there was no evidence that Occidental or Anadarko operated facilities responsible for the contamination in DeRidder, and while their appeal was still pending, they made the decision to resolve their involvement in the litigation. They agreed to pay to bring an end to all claims against them in both New York and Louisiana. Given their lack of operational involvement in DeRidder, this resolution was appropriate.
In January 2025, Occidental and Anadarko agreed to pay $3.5 million to cover litigation expenses (“hard costs”) necessary to advance the case. These funds are designated exclusively for case-related expenses such as expert fees, depositions, travel, court costs, and other necessary expenditures required to identify the responsible parties. These funds will not be used for attorney fees.
This case involves both property damage and personal injury claims and is highly complex. The facility at issue operated from 1955 to 1997, and our experts are working to reconstruct historical operations to determine what hazardous materials were released, where they traveled, and what impact they “more likely than not” had on surrounding properties and human health.
We have been actively reviewing documents produced by International Paper, which began production last year and continues as of this update.
Recent Developments
In March, we conducted the first two depositions of International Paper representatives. These depositions, along with the ongoing document production, are helping us determine key facts, including:
- The types and quantities of hazardous materials involved
- Where those materials were released (air, land, and subsurface water)
- How those materials may have impacted people and surrounding areas
We are required to present the Court with a proposed class definition by July 1 of this year. This will address both property contamination and personal injury claims.
What Is a Motion for Class Certification?
A motion for class certification is a formal request asking the judge to allow a lawsuit to move forward as a class
action.
A class action is a case where a small number of people, called the class representatives, bring claims on behalf of
a much larger group of people who were harmed in a similar way.
Simply filing a lawsuit as a proposed class action does not automatically mean the case has been approved as a
class action. The judge must first decide whether the case meets certain legal requirements.
What Does the Judge Consider?
The judge will look at several questions, including:
• Are there enough people with similar claims that it would be difficult or impractical for everyone to file a
separate lawsuit?
• Do the class members share important facts or legal issues?
• Are the claims of the class representatives similar to the claims of the rest of the group?
• Will the class representatives and the attorneys fairly protect the interests of everyone in the class?
• Would handling the claims together be more efficient and fair than requiring hundreds of separate
lawsuits?
For cases involving money damages, the judge will also consider whether the issues shared by the entire group
are more important than the issues that would have to be decided separately for each person.
What Information Is Presented to the Judge?
The attorneys may provide the judge with information showing:
• Approximately how many people are affected;
• What the class members have in common;
• How the defendant’s actions affected the group;
• Why the class representatives are appropriate people to represent the class;
• Why the attorneys are qualified to represent the class; and
• Why handling the claims together makes more sense than filing separate lawsuits.
The defendant will usually oppose the motion and argue that the claims are too different from person to person to
be handled as one class action.
Does the Judge Decide Who Wins?
No. At this stage, the judge is generally not deciding whether the plaintiffs will ultimately win the case.
Instead, the judge is deciding whether the case can properly move forward on behalf of the entire group.
In other words, the judge is deciding whether the major issues can be handled together, rather than requiring each
person to bring a separate lawsuit.
Example
Imagine that hundreds of people live near a facility that allegedly released harmful chemicals into the surrounding
community.
The class certification motion may ask the judge to allow certain issues to be decided for everyone at the same
time, such as:
• Whether the facility released the chemicals;
• Whether the chemicals traveled into the surrounding community;
• Whether the company acted negligently;
• Whether the company failed to warn residents; and
• Whether the contamination affected property values or created health risks.
The defendant may argue that each person’s situation is different because people lived in different locations, were
exposed for different lengths of time, or experienced different health problems.
The judge must decide whether the similarities between the claims are strong enough for the case to proceed as a
class action.
What Happens If the Class Is Certified?
If the judge grants class certification, the case may move forward on behalf of everyone who fits the class
definition.
Class members may receive a notice explaining:
• Who is included in the class;
• What the lawsuit is about;
• What rights class members have;
• Whether they have the right to exclude themselves from the class; and
• How the case may affect them.
If a person remains in the class, that person may be legally bound by the final result of the case, including a
judgment or court-approved settlement.
In simple terms, a motion for class certification asks the judge:
Can the main issues in this lawsuit be handled once for the entire group, or does each person need to bring
a separate case?
Thank you for your patience, cooperation, and trust throughout this complex matter. After years of procedural delays, the case is now moving forward at a much faster pace. We look forward to seeing you in person at one of the meetings.
On behalf of your legal team—including attorneys from David L. Wallace, Glenn Agre, and Sanders Law Firm, LLC, along with our dedicated support staff—
Sincerely,
Perry R. Sanders, Jr.