(The Associated Press circulated the following story by Blake Nicholson on October 9.)
MINOT, N.D. — A federal judge has given final approval to a $7 million settlement in a class action lawsuit arising from a January 2002 derailment and chemical spill on the edge of Minot.
The settlement is expected to provide money for thousands of people affected by the Canadian Pacific Railway wreck, which sent a deadly cloud of anhydrous ammonia over the area. One man died trying to escape the fumes.
The plaintiffs’ attorney, Gordon Rudd Jr., said in court Tuesday that checks might be sent out as early as Thanksgiving.
“This has been a very hard-fought and contentious litigation that not only took the parties through the courts, but to the halls of Congress,” Rudd said. He referred to legislation dealing with lawsuits against railroads that was prompted by the Minot case.
The settlement approved by U.S. District Judge Dan Hovland does not affect people who have filed individual lawsuits against the Canadian Pacific (nyse: CP – news – people ).
The plaintiffs’ attorneys will get $2.9 million of the settlement to cover their fees and expenses. They expect the rest to be shared equally by about 2,000 people. The final number will not be known until Nov. 8, the deadline to submit claims.
The three lead plaintiffs each will get $25,000. Jason and Susan Olsen, two of the lead plaintiffs, were in court Tuesday morning but did not speak at the hearing and declined comment afterward.
The other lead plaintiff, Trina Mehl, could not immediately be reached for comment.
Railroad attorney Tim Thornton said in an interview that settling the class action lawsuit “seemed like the appropriate thing to do.
“We’re glad to have it resolved,” Thornton said. “It’s been a long time.”
Hovland, who earlier ruled that the railroad was protected from lawsuits, said he found the settlement fair and reasonable.
“This was undoubtedly a contentious lawsuit from Day 1,” the judge said.
People affected by the settlement were given a chance to speak at Tuesday’s hearing but no one did. “The lack of objection often is the best indicator” of a fair settlement, Rudd said.