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January 15, 2013

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Madison County Atrazine Suits Dismissed; Syngenta Defendants Appeal Order To Unseal Documents
From the Belleville News-Democrat
Madison County Circuit Judge William Mudge has dismissed six class action complaints that led to the now-settled federal suit over atrazine.
Mudge on Friday granted agreed motions to dismiss with prejudice in the six suits Holiday Shores Sanitary District in 2004 against Syngenta Crop Protection and other companies that made or sold atrazine. A handful of Illinois cities were later added as named plaintiffs in the cases.
Plaintiffs in these complaints, as well as the 2010 federal suit that was approved for settlement in October, claim that the commonly used agricultural herbicide entered their water supplies and forced them to incur the costs associated with testing, monitoring and filtering their water.
U.S. District Judge Phil Gilbert put his stamp of approval on the $105 million settlement about three months ago and noted that the agreement would not only resolve the federal suit, but the six class action complaints in Madison County Circuit Court.
Mudge’s dismissal orders appear to make that official, dismissing each of the six suits in their entirety with prejudice. Each party, his orders state, is responsible for its own costs and attorneys’ fees.
St. Louis attorney Stephen Tillery brought the six suits and represented the plaintiffs in the federal suit. Attorneys at his firm are set to share about $32 million in attorneys fees with attorneys at Baron & Budd in Texas.
Dismissal orders aside, parties and the two interveners to the federal suit recently filed appeals and responses to an order that directed the clerk to unseal 86 discovery documents.
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