Question 1

What is this lawsuit about?

Accepted Answer

A class action lawsuit was filed in New Jersey State Court, seeking relief under
New Jersey law on behalf of a class of residential property owners who own
property located within one or more Classification Exception
Areas (“CEAs”) that were established as an institutional
control for certain existing and projected groundwater contamination. The
lawsuit sought to recover damages incurred by class members for the diminution
of their property value as a result of the CEAs. The complaint is available here
[https://angeion-public.s3.amazonaws.com/www.vinelandshieldalloylitigation.com/docs/Cavagnaro+v.+Shieldalloy+Complaint+Filed.pdf].
[http://www.middlesexwaterpfassettlement.com./]

Plaintiffs and Defendant have now agreed to a Settlement Agreement to resolve the lawsuit
on a class basis against all defendants, as described below. The Court has not
decided whether Plaintiffs’ claims and/or defendants’ defenses are valid. By
agreeing to the Settlement Agreement, neither Defendant nor Plaintiffs make any
admissions regarding any liability by Defendant or the merits of the
allegations, claims, or defenses in this case. Defendant has denied and
continues to deny that it did anything wrong and that the lawsuit has any
merit.

The Superior Court of the State of New Jersey is overseeing the lawsuit. The
lawsuit is known as Cavagnaro v. Shieldalloy Metallurgical Corporation, et. al.,
GLO-L-816-24 (N.J. Super. Ct. Gloucester County).

Question 2

Why is this a class action?

Accepted Answer

In a class action, one or more people sue on behalf of themselves and other
people with similar claims. All of these people together make up the class and
are class members. One court resolves the issues for all
class members, except for those who exclude themselves from the class.

Question 3

Who is in the Settlement Class?

Accepted Answer

The “Settlement Class” in this case includes:

All Persons that/who, as of Execution Date, own Residential Property or
Residential Properties located, partially or wholly, within the geographical
boundary defined by the following classification exception areas established for
groundwater contamination other than perchlorate: (a)
the Shieldalloy Metallurgical Corp. OU1 CVOC Classification Exception Area
proposed and established by TRC and approved on or about September 2, 2020
and/or (b) the Shieldalloy Metallurgical Corp. NW TCE PCE Plume Classification
Exception Area proposed and established by TRC and approved on or about
September 9, 2020 (each a “CEA” and collectively the “CEAs”).  A list of all
properties located within either CEA (or both CEAs) is attached as Exhibit
B (the “Class Properties”) to the Settlement Agreement and is available for
review here
[https://angeion-public.s3.amazonaws.com/www.vinelandshieldalloylitigation.com/docs/Settlement+Agreement+w+Exhibits+fully+signed+(1).pdf].

Government entities, including, without limitation, the United States, State of
New Jersey, the New Jersey Department of Environmental Protection, and any other
department of the State of New Jersey or municipal entity are excluded from the
Settlement Class.

Also excluded from the Settlement Class are those Persons who submit a
timely and valid request for exclusion in accordance with the procedures set
forth in the Settlement Agreement and in this Court’s Preliminary Approval
Order.

If you received the notice of settlement by mail, you were identified as
being a Settlement Class Member. People in the Settlement Class are
called “Settlement Class Members.”

Question 4

What are the terms of the proposed settlement?

Accepted Answer

The complete terms of the proposed Settlement Agreement are available here
[http://angeion-public.s3.amazonaws.com/www.vinelandshieldalloylitigation.com/docs/Settlement+Agreement+w+Exhibits+fully+signed+(1).pdf].
The notice
[https://angeion-public.s3.amazonaws.com/www.vinelandshieldalloylitigation.com/docs/Shieldalloy+Long+Form+Notice+FINAL+1.pdf]
provides only a summary of the terms and benefits of the Settlement Agreement.

Question 5

What are the benefits of the proposed Settlement?

Accepted Answer

If the Settlement Agreement is approved and becomes final, Defendant will pay
$1,325,000.00 into a Settlement Fund Account. This money will be used to: (1)
make settlement payments to Settlement Class Members, as described at Questions
6-9 [/faqs?id=6]; (2) pay the costs of distributing notice and settlement checks
and electronic payments to Settlement Class Members and other costs of
administering the settlement; and (3) pay court-awarded attorneys’ fees and
expenses of the attorneys appointed by the Court to represent the Class (“Class
Counsel”) and any service awards granted to the Settlement Class
Representatives. As explained below, if you file a claim by December 29, 2026,
and are eligible for a payment, the amount of payment is dependent on your
property’s location and how many Settlement Class Members file valid claims.

FAQs

Information About the Lawsuit and Class

Information about the Settlement and About Filing a Claim for a Payment

Your Other Rights and Options

The Court's Final Approval Hearing

Getting More Information

Information About the Lawsuit and Class

1. What is this lawsuit about?

2. Why is this a class action?

3. Who is in the Settlement Class?

Information about the Settlement and About Filing a Claim for a Payment

4. What are the terms of the proposed settlement?

5. What are the benefits of the proposed Settlement?

6. How do I get a payment?

7. How do I file a claim for a payment?

8. How much will the payments be?

9. How and when will payments be sent?

Your Other Rights and Options

10. What happens if I do nothing?

11. How do I exclude myself (opt out) from the Settlement Class?

12. How do I object or comment?

13. What claims will be released by this Settlement?

14. Do I have a lawyer in this class action?

15. How will the lawyers be paid?

16. Should I hire my own lawyer for this case?

The Court's Final Approval Hearing

17. When and where will the Court decide whether to approve the settlement?

18. Do I have to come to the hearing?

19. May I speak at the hearing?

Getting More Information

20. Where can I get more information?