in the 3M Water Settlement
The $12.5 billion 3M Public Water System class settlement presents an opportunity for the recovery of costs spent by water systems to respond to the PFAS crisis. However, Public Water Systems who opted out of the settlement could recover nothing. Fortunately, those who opted out may opt back in, provided they follow the process. The parties drafted interpretive guidance to streamline the process of withdrawing an opt-out election. This guidance is a crucial resource for public water systems seeking to change their opt-out election to active participation in the 3M settlement.
Background and Purpose
The guidance focuses to ease the withdrawal of an opt-out election, commonly known as a “Request for Exclusion.” The guidance intends to offer a clear pathway for Eligible Claimants who initially opted out to engage in the settlement process.
Key Features of the Guidance
- Withdrawal Process Clarity: The guidance offers a step-by-step guide on how to successfully withdraw an opt-out election after submission.
- Eligible Claimant Empowerment: The guidance empowers Eligible Claimants by ensuring they have the information needed to make informed decisions about their participation in the settlement.
- Collaborative Effort: The involvement of the Claims Administrator, Notice Administrator, and Class Counsel provides a comprehensive perspective on potential concerns and solutions.
Withdrawing Opt-Out Elections in Settlement Made Simple
The court filings show a deadline of March 1, 2024. As the deadline approaches, Eligible Claimants may reconsider their first decisions. The proposed guidance sets up a concise procedure to withdraw requests for exclusion, opting to remain as active settlement members.
Submission Deadline and Authority
Eligible Claimants can send a signed letter by email by March 1, 2024. This letter must come from a representative who is legally authorized to act on behalf of the Eligible Claimant. The representative must assert two crucial points in the signed letter:
- Legal Representation: Confirm legal authority to act on behalf of the Eligible Claimant in matters related to the settlement.
- Withdrawal Decision: Explicitly say that the Eligible Claimant formally withdraws its Request for Exclusion and elects to remain a class member.
Importantly, the representative must email the signed withdrawal letter to representatives for settlement class counsel, counsel for 3M, and the settlement administrator.
Conclusion
This procedure aims to simplify the withdrawal process for Eligible Claimants within the specified period. Moreover, by following these guidelines and sending a signed letter, individuals can smoothly transition from opting out to active class members. We recommend hiring an attorney who understands the process to be your representative. This will ensure participation and hopefully maximize your settlement recovery.
