Analytics Consulting is still analyzing Chemtool claims

The next hearing will be at 1:30 p.m. on May 2, 2025 in Rockford, IL.

Analytics Consulting is still analyzing Chemtool claims
The Chemtool plume overlaid on Analytics Consulting home page

Judge Stephen Balogh postponed the next Chemtool hearing almost two months, from March 7, 2025 to May 2, 2025. In addition to providing a status update, he says the next hearing will be a time for "final approval." Meanwhile, even though the Nov. 23, 2024 deadline is past, the claims administrator Analytics Consulting is still contacting residents to confirm claims details, such as the number of household members.

The next hearing will be held at 1:30 p.m. on May 2, 2025 in the 17th Judicial Circuit Court, on Zoom from Courtroom 451, in downtown Rockford, Illinois. The hearing also will likely be livestreamed on YouTube. At stake: a portion of a $51 million settlement for property damage caused by fire.

On March 6, Judge Balogh gave his explanation for the delay:

Given the size of the settlement fund and the size of the class, the court is cognizant of the fact that claims between the defendants, insurers and third-parties will take time to fully resolve, and that there are disputes arising out of the validity and timeliness of a number of putative class members' claims.

Other explanations have also been rumored, including the judge's health. Trial court administrator Thomas R. Jakeway confirmed, "Yes, Judge Balogh has been on leave for a period of time now. His primary caseload is being covered by Circuit Judge Nick Meyer." But Jakeway insists, "The Chemtool case remains assigned to Judge Balogh."

After almost four years since the fire, residents may feel as though they will never get paid. But attorneys on both sides say they're making progress. They held a mediation on December 17, 2024 to resolve issues with the third-party defendant,  Holian Insulation Company. A Holian contractor apparently caused the disaster on June 14, 2021 when a scissor lift struck a pressure tap on a hot oil return pipe.

On March 5, the attorneys reported to Judge Balogh that the "Parties are pleased to advise that an agreement in principle has been reached with Holian and that the Parties are working on finalizing a settlement agreement and addressing other
issues related to same. Specifically, Plaintiffs and Holian plan to seek preliminary and then final approval of a class settlement in the near term."

They asked Judge Balogh to postpone the March 7 hearing for "approximately 45 days" to give them time to work out the details with Holian and ask the judge for "preliminary approval on the class settlement with Holian."

Several residents have received requests for further information. A typical email from Analytics Consulting, the Chemtool Class Action Notice Administrator, to a resident, sent on Friday, Mar. 7, 2025, says:

Dear Property Owner,
Upon review of the claim form that you submitted in the Chemtool Class Action, it appears that you are the owner of a property on June 14, 2021.
Please respond to this email and confirm if you were an actual occupant of the property in question June 14, 2021, or if the individuals you listed in question 11 of the claim submitted were tenants of your property.
Your response must be received no later than Monday March 10, 2025 to avoid delays in preparing the settlement check calculations.
Sincerely,
Office of the Claims Administrator

In other news, Judge Balogh agreed to allow several Chemtool attorneys to withdraw from the case, "given that Chemtool Incorporated continues to be represented by other counsel" such as Lubrizol's Kelly A. Kosek, and outside attorneys Dominique Savinelli, Joseph R. Vallort, and Robert A. Roth. But attorneys Mark P. Ressler, Joshua E. Hollander, Jason S. Takenouchi, Christine M. Rodriguez, and Robert W. Bosslet will no longer be representing Chemtool/Lubrizol.

The attorneys were also given 21 days to file an amended complaint in a related case, Society Insurance Company v. Chemtool Inc.,et al., 2024 LA 240. The attorney said, "The parties in this action have indicated that a final settlement of all matters has been reached in principle and that more time is needed to finalize that settlement and to file a motion seeking preliminary approval."