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Nidel & Nace Obtain Preliminary Approval of Mold Class Action Settlement

by Chris Nidel | November 25, 2018 | Litigation, Toxic Injuries

Nidel & Nace have obtained  preliminary approval of a class action settlement that will see hundreds of senior residents obtain mold inspection and remediation at their residences.

The Willows Senior Community and the Evergreen Senior Community are a complex of apartments that lease almost exclusively to seniors, providing them apartments and various amenities such as a hair dresser and cinema room.  Joyce Herren and Louise Briggs, two residents of the complex, filed suit on behalf of all residents of the complex in Prince George’s County Maryland alleging that the community had a systemic mold problem that needed inspection and remediation.

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The parties came to a settlement agreement that was approved by the Circuit Court for Prince George’s County.  The Settlement Agreement provides that the class representatives, i.e. Ms. Joyce Herren and Ms. Louise Briggs, may select an inspector who will test common areas and the unit of any resident who seeks mold testing.  If testing reveals any common area or unit has “abnormal indoor fungal ecology that poses a serious and substantial threat to human life, safety, and/or health,” the area will be remediated, and then re-inspected.  The tenants’ inspector will be present to observe both remediation and re-inspection.

With this type of settlement, all residents are able to obtain the ultimate relief they seek: a safe and habitable residence.  Notices regarding tenants rights and obligations, as well as information for how to proceed has been approved by the Court and will be sent out shortly.

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This post is for informational purposes only and is not legal or medical advice. Prior results do not guarantee a similar outcome.

Chris Nidel
ABOUT THE AUTHORChris Nidel

Chris Nidel is the founding partner of Nidel & Nace. A chemical engineer by training (University of Virginia and MIT), he worked in pharmaceutical process development before earning his law degree at the University of Virginia. He now represents individuals and communities harmed by environmental contamination and toxic exposures.

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Jonathan Nace
ABOUT THE AUTHORJonathan Nace

Jonathan Nace is a partner at Nidel & Nace, where his practice focuses on complex consumer protection, including deceptive food and supplement labeling, insurance misconduct, and data privacy. He has tried cases in state and federal court and argued before federal appellate courts.

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Zachary Kelsay
ABOUT THE AUTHORZachary Kelsay

Zachary Kelsay is an attorney at Nidel & Nace supporting the firm’s environmental and consumer protection practices. He previously clerked for the 23rd Circuit Court in West Virginia and worked in the Maryland Attorney General’s Consumer Protection Division.

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