Bismarck, N.D.-A federal judge has given final approval to a $7 million class action lawsuit settlement in the Canadian Pacific Railway case involving a January 2002 derailment on the edge of Minot, N.D. The Jan. 18, 2002, derailment caused a release of anhydrous ammonia from a ruptured tank car that killed one Minot resident and sent hundreds to the hospital with eye irritation and breathing problems (GM Jan. 21, 2002). The settlement, approved by U.S. District Judge Dan Hovland, does not affect people who have filed individual lawsuits against Canadian Pacific, and can still be appealed if class action claimants decide to do so within a 30-day period. Under the terms of the settlement, the plaintiffs’ attorneys will get $2.9 million of the settlement to cover their fees and expenses. The rest will be shared equally by about 2,000 people, but the final number will not be known until the Nov. 8 deadline to submit claims. The three lead plaintiffs will each get $25,000, while the other claimants are expected to get about $2,000 apiece. Plaintiffs’ attorney Gordon Rudd Jr. said checks might be sent out as early as Thanksgiving. According to court documents, about 228 people opted out of the class action suit, which allowed them to join others who have filed individual lawsuits against Canadian Pacific. In July, a CP spokesman said the company had settled more than 1,000 individual lawsuits stemming from the derailment. The company said recently that more than 300 individual lawsuits remain.
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