Muddying a Contamination Case
When aerospace giant Lockheed Martin Corp. agreed to pay $60 million last month to more than 1,300 neighbors of its Burbank plant, reaction was mixed. Those included in the deal--which settled claims of illness and property damage caused by toxics at the now-closed facility--were ebullient. Those left out were angry enough with what they allege was a secret deal to file a lawsuit of their own.
But now, those scheduled to receive checks may have to wait awhile longer. The retired appellate court judge who mediated the settlement last week ordered part of the money held in reserve as he investigates leaks to the media about the deal, the terms of which were supposed to be kept confidential. It is an unfair decision.
Granted, the terms of the agreement have been violated, and the mediator, John K. Trotter, is well within his powers to order the money withheld. But expecting more than 1,300 people to stay silent about how they suddenly came into anywhere from $2,000 to $300,000 is unreasonable. Even Trotter himself spoke about the deal in August--saying he believed Lockheed had a stronger case than the residents--but urged a settlement to avoid the unpredictability of a jury trial and the bad feelings court showdowns inevitably create.
With the story already out, what good does it do to hold back payment? Trotter should aggressively investigate the leaks but keep checks flowing to the vast majority of plaintiffs who kept their mouths shut even after the deal was made public. It is the right thing to do and it just might silence some of those whose criticism of the deal smacks of sour grapes and opportunism.
Lawyers already have filed a federal lawsuit on behalf of neighbors left out of the August settlement. They seek class-action status for the case and estimate that as many as 600,000 people could ultimately be involved. It is difficult to believe the plaintiffs’ claims that the earlier case was conducted secretly. It was, after all, advertised in a local newspaper and the number of plaintiffs grew from an original 250 to about 1,350 at the time of the settlement.
There is no question that Lockheed left behind a legacy of contamination that will take years to erase. And it may be that a handful of people with legitimate claims against Lockheed were left out of the August settlement. Those few deserve the opportunity to pursue their cases in court. But to hear lawyers claim that more than one-third of the San Fernando Valley’s residents may have a case against Lockheed Martin, that smells more like money than justice.
