Attorneys: Late appeal to delay payments on $600M Norfolk Southern derailment settlement

EAST PALESTINE - A late appeal on the proposed $600 million settlement with Norfolk Southern will delay payments to impacted residents, according to attorneys involved in the case.

U.S. District Court Judge Benita Pearson made her final decision to approve one of the largest settlements in railroad history last week. The deal, reached in April, is between the lead attorneys representing the victims of the Feb. 3, 2023, train derailment and the Atlanta-based railway company.

However, a single member of the class-action lawsuit filed a late appeal on Friday with the U.S. Court of Appeals in the 6th Circuit, a move that will delay payments, the attorneys said Monday in a press release. The delay could potentially last years, the attorneys said.

Nearly 55,000 claims have been filed for a share of the settlement.

One person, represented by David Graham Insurance Lawyers of Jacksonville, Florida, and Cleveland, Tennessee, filed the appeal. A message was left Monday for the law firm seeking comment.

The lead attorneys for the victims — Jayne Conroy; Seth A. Katz of Burg Simpson Eldredge Hersh & Jardine; M. Elizabeth Graham of Grant & Eisenhofer; and T. Michael Morgan of Morgan & Morgan - are "deeply disappointed" by the appeal, saying it will "prevent the swift payment" of losses in East Palestine.

The attorneys said those who filed had the opportunity to opt out of the settlement and file their own lawsuit but didn't. They added an appeal in the Sixth Circuit typically takes six to 12 months, and the timeline could be extended with further appeals.

“We will do everything in our power to quickly resolve this appeal and prevent any further burdens on the residents and local businesses that want to move forward and rebuild their lives. It is tragic that one person is substituting their judgment for the entire community who wants this settlement, and instead of opting out they have gone this route," the lead attorneys said in a statement.

Reach Benjamin Duer at 330-580-8567 or ben.duer@cantonrep.com . On X (formerly Twitter): @bduerREP

This article originally appeared on The Repository: Attorneys: Late appeal to delay payments on $600M Norfolk Southern derailment settlement