Court Grants Final Approval of Norfolk Southern Train Derailment Settlement

On September 27, 2024, Judge Benita Y. Pearson of the United States District Court for the Northern District of Ohio granted final approval of a $600 million class action settlement resolving the claims of residents, businesses and property owners injured as a result of the devastating February 3, 2023 train derailment in East Palestine, Ohio . More than 30 different class action lawsuits filed against Norfolk Southern had been consolidated before Judge Pearson under the lead case, Feezle v. Norfolk Southern Railway Co. N.D. Ohio No. 4:23-cv-00242. The plaintiffs in the lawsuits are local residents and businesses seeking compensation for property damage, ongoing medical monitoring for the community, and punitive damages against the railroad company. On April 5, 2023, Judge Pearson selected a prestigious slate of plaintiffs’ attorneys to lead the consolidated litigation. The firms appointed include some of the largest and most respected plaintiff law firms in the country. Of the many well-qualified attorneys seeking a leadership role in the litigation, the Court appointed Jeffrey Goldenberg of Goldenberg Schneider to the Plaintiffs’ Executive Committee.

The approved settlement resolves all class claims — for negligence, strict liability, nuisance and trespass — within a 20-mile radius of the derailment, as well as personal injury claims from participating residents within a 10-mile radius of the derailment. In approving the settlement, Judge Pearson determined that the deal was fair, reasonable, adequate, entered into in good faith, and free from collusion. She also determined that the relief provided for in the settlement agreement outweighed the substantial costs, delay, and risks presented by further prosecution of issues during pre-trial, trial, and possible appeal.

For more information about the settlement, visit the settlement website at https://eastpalestinetrainsettlement.com.