Important Information

Settlement Check Update

Between June 15 and August 18, 2011, most settlement checks were mailed to claimants (97% of the total) by certified mail.  If you have not received your check and believe you should have, please contact us.

Claim Filing Deadline
The opportunity to file a claim for a property on the Master Class List ended with the August 1, 2011 deadline for Claim Forms.

Final Approval Granted

On April 25, 2011 the Court granted final approval of the settlement. The Final Master Class List is now closed, as is the claims process.

 

 

Buzzards Bay Oil Spill Settlement

On September 29, 2004, three Mattapoisett homeowners filed a class action against Bouchard Transportation, Inc., seeking damages for pollution of their property from the 2003 oil spill in Buzzards Bay.  Based on records from the cleanup of the Spill, it is estimated that there are approximately 1100 Mattapoisett residential properties that were oiled by the Spill (the “Class Properties”). 

On January 7, 2011 the Parties reached a settlement (the “Settlement”) for a total amount not exceeding $12.375 million (“Settlement Payment”), on a claims-made basis. 

If you are an eligible Class Member, your legal rights are affected by the proposed Settlement. 

To be a Class Member covered by this Settlement:

  • you owned a permanent or seasonal residence in Mattapoisett on April 27, 2003 (or are the heir of an owner who has died), AND
  • the residential property you owned included a "fee" or "easement" interest in waterfront property, AND
  • the property was oiled as a result of the Bouchard oil spill (the “Spill").

In order to recover under this Settlement your name and property MUST HAVE appeared on the Final Master Class List approved by the Court, AND you must have submitted the Court-approved Claim Form no later than August 1, 2011.  For more information please see Notices and Frequently Asked Questions on this website.

 

TAX INFORMATION:

Important Notice Regarding Tax Consequences of Settlement Awards

Neither Party, nor their Counsel, can provide tax advice to individual Class Members who have received a Settlement Payment. Class Members must consult their own tax advisors regarding the federal, state, local, or other tax consequences of the Settlement. Each Class Member's tax obligations (including assessments, penalties, interest or payments that arise or may arise as a result of this Settlement), and the determination thereof are the sole responsibility of that Class Member. The tax consequences of accepting the Settlement Payment may vary depending on the particular circumstances of each individual Class Member. [See Section 13.21, p. 45, of Settlement Agreement] Please also note that Class Members will not be receiving 1099 Forms from Class Counsel.

Additional Information:

For more information, please see the Court Documents and Frequently Asked Questions pages on this website.