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David Chizewer Quoted in "Superfund Homeowners Bring Lawsuit in East Chicago for Property Damage, Emotional Distress

November 1, 2017

David Chizewer, Principal in Goldberg Kohn's Litigation Group, is quoted in "Superfund Homeowners Bring Lawsuit in East Chicago for Property Damage, Emotional Distress," published in the Nov. 1, 2017, edition of the Northwest Indiana Times.

The article concerns a case filed in U.S. District Court by Mr. Chizewer against lead company Atlantic Richfield Company, among others, that produced, manufactured or generated hazardous, airborne contaminants in the East Chicago, Indiana's Calumet sections for decades.

Goldberg Kohn is representing 38 households pro bono in the lawsuit.

"We have filed this case on a pro bono basis to obtain justice for people who have actually come to us and asked us for their help. We are not filing a class action on behalf of hypothetical claimants with whom we have had no interaction. The class action device is an important, powerful tool in certain types of cases, but we do not believe that it is called for in this matter," Mr. Chizewer said in a statement.

Listed as defendants are Atlantic Richfield Co., Tesoro Corp., E.I. DuPont De Nemours and Co., The Chemours Co., U.S. Smelter and Lead Refinery. The companies are listed as doing business as U.S.S. Lead Refinery Inc., Mining Remedial Recovery Company, Arava Natural Resources Company Inc., and Mueller Industries Inc.

EPA listed the area — West Calumet, Calumet and East Calumet — as a hazardous Superfund site targeted for cleanup in 2009, but residents didn't learn the full extent of the problem until East Chicago Mayor Anthony Copeland informed more than 1,000 West Calumet Housing Complex residents in summer 2016 they should relocate.

Residents in court filings allege until recently, they did not know and had no reason to know their health and properties were at risk by living in their homes.

Cleanup of yards by the EPA is ongoing as the federal agency continues to secure funding from companies responsible for the pollution.

However, Mr. Chizewer argued EPA's cleanup of yards does nothing to compensate families for the loss in property value and other damages.

This story is still developing. Please click here for additional information and updates. 

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