Frequently Asked Questions
What is a class action?
A class action is one case on behalf of many, instead of individual cases. This class action lawsuit combines the various lawsuits filed against New-Indy into one litigation.
Who are you?
Chase Brockstedt and Phil Federico of Baird Mandalas Brockstedt & Federico, Dick Harpootlian of Richard A. Harpootlian Law Firm, P.A. and David Hoyle of Motley Rice LLC have been appointed by the court to serve as interim co-lead class counsel in this case.
Who else is on the legal team?
It is important for you to know that in addition to our four law firms, we have retained more than a dozen experts and consultants with expertise in the relevant environmental and health issues.
What is your approach to this case?
Our approach is to understand the nature and extent of the pollution alleged to be caused by New-Indy and seek a permanent solution to the entire problem. We want New-Indy to stop polluting, upgrade its plant and operations, and clean up the environment. In addition, we seek compensation for things such as medical care and decreased property values caused by New-Indy’s conduct.
What is the status of this lawsuit?
New-Indy filed a motion to dismiss the class action lawsuit which was denied by the Honorable Judge Sherri Lydon in August 2022, allowing discovery in the litigation to move forward. A trial date in the case has been set for June 20, 2024.
In addition to the class action lawsuit, citizens have filed a lawsuit against New-Indy for violations to the Clean Air Act in July 2022 and submitted a notice of intent to sue for violations to the Resource Conservation and Recovery Act and the Clean Water Act in October 2022.
In November 2022, New-Indy agreed to enter a consent decree with the EPA and a consent order with The South Carolina Department of Health and Control (DHEC). We believe those agreements are inadequate for what New-Indy has levied upon this community and will continue to fight for an end to this environmental disaster and real accountability from New-Indy.
Is my drinking water affected?
While our current understanding is that New Indy’s pollution has not impacted the area drinking water, we are still investigating.
I’m sick, what do I do?
We highly recommend if you are feeling ill to seek medical treatment immediately.
How do I contact interim co-lead class counsel?
You may send an email to us at: Contact@NewIndyClassaction.com or call us at 803-599-2265.
This information is provided by Interim Co-Lead Class Counsel in the New-Indy emissions litigation:
Chase T. Brockstedt and Philip C. Federico of Baird Mandalas Brockstedt & Federico, Richard A. Harpootlian of Richard A. Harpootlian Law Firm, P.A. and T. David Hoyle of Motley Rice LLC
The legal team appointed as Interim Co-Lead Class Counsel is co-counsel with:
Gary V. Mauney of Mauney PLLC, Thomas E. “Tommy” Pope and Ben P. Leader of Elrod Pope Law Firm P.A. and Leon E. Stavrinakis of Stavrinakis Law Firm LLC
