East Palestine residents file motion, accuse lawyers of collusion
- The motion alleges collusion between attorneys and Norfolk Southern
- Plaintiffs seek a reevaluation of the $600M class action settlement
- They believe expert research has been intentionally withheld
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(NewsNation) — Attorneys for residents of East Palestine, Ohio, filed a motion Sunday night asking a federal judge to reevaluate the $600 million train derailment settlement.
They argue the ruling was rushed and lawyers are in collusion with Norfolk Southern, the company whose freight caused devastation to the Ohio village.
NewsNation can exclusively reveal the main focus of their complaint: the allegation settlement lawyers are hiding data and analysis from an expert, Stephen Petty, who tested residents’ soil and water in East Palestine for a year.
“The public can handle negative news. They just want the truth,” Petty told NewsNation in February 2023.
“It’s not wrong to tell them we don’t know yet. Do you think they are getting the truth here? I think that they’re being told too many positive things given the uncertainties.”
Eighteen months later, Petty’s results have not yet been made public or made available to residents of East Palestine.
“The reality is those results have been buried, and I think they’re buried because they don’t fit with the narrative,” attorney David Graham, who filed the motion, told NewsNation.
Last spring, class counsel Jane Conroy told NewsNation that Petty’s results are under a protective order with the court.
NewsNation has been following the train derailment since the very beginning as East Palestine residents seek answers. See NewsNation’s full coverage.
According to the motion and emails, settlement attorneys counsel brought in a new expert last month instead of publicizing Petty’s work. What’s more, it is alleged that settlement attorneys hired a public relations firm to positively frame the settlement amid skeptical residents.
One of the plaintiffs in the motion, Jami Wallace, spoke to NewsNation about her lack of conviction in the settlement attorneys.
“Think about that; our attorneys are using PR to get us to sign up for a lawsuit. You know, they are tricking a lot of people, and I’m gonna stand up, and I’m gonna fight for my community just like I have in every other aspect of this derailment,” Wallace said.
“This is just one more time that we’re getting screwed. And if they think that we’re gonna stand here and let them do this to us, we’re not. I’m gonna keep fighting, and I’m gonna fight until the truth is out there.”
