Weekley v. U.S. Steel Mining Co.

26 So. 3d 1190, 2009 Ala. LEXIS 161, 2009 WL 1819414
CourtSupreme Court of Alabama
DecidedJune 26, 2009
Docket1070984
StatusPublished
Cited by4 cases

This text of 26 So. 3d 1190 (Weekley v. U.S. Steel Mining Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weekley v. U.S. Steel Mining Co., 26 So. 3d 1190, 2009 Ala. LEXIS 161, 2009 WL 1819414 (Ala. 2009).

Opinion

MURDOCK, Justice.

Oak Grove Resources, LLC, and several affiliated business entities (“the Oak Grove defendants”)1 petition this Court for a writ of mandamus directing the Jefferson Circuit Court to dismiss two consolidated cases against them. We deny the petition in part and dismiss it in part.

I. Facts and Procedural History

On September 16, 1996, Linda Weekley and approximately 185 other individuals (“the Weekley plaintiffs”) filed an action in the Bessemer Division of the Jefferson Circuit Court alleging trespass, nuisance, negligence, and wantonness against U.S. Steel Mining Company and affiliated business entities (“the USM defendants”) for allegedly allowing coal dust from U.S. Steel Mining’s coal-processing plant in Concord (“the plant”) to pollute their neighborhood (“the Weekley action”).2 The action sought compensatory damages for injury to the Weekley plaintiffs’ properties and injunctive relief to enjoin the USM defendants from emitting pollution onto the affected properties.

On July 31, 1997, Tommy White filed an action (“the White class action”) identical to that filed by the Weekley plaintiffs against the USM defendants,3 except that White sought and received class-action treatment on behalf of everyone living within a five-mile radius of the plant. Like the Weekley plaintiffs, the plaintiffs in the White class action sought monetary and injunctive relief against the USM defendants for U.S. Steel Mining’s operation of the plant. Both cases were assigned to Judge Dan C. King.

In March 1999, eight of the Weekley plaintiffs tried their case to a jury; the jury returned a verdict in favor of the USM defendants. On August 28, 2002, the trial court granted those plaintiffs’ motion for a new trial. The USM defendants appealed that order to this Court. On October 2, 2002, while that appeal was pending, the Weekley plaintiffs entered into a settlement agreement with the USM defendants regarding their claims against the USM defendants (“the Weekley settlement”). The Weekley settlement provided, in pertinent part:

“[The Weekley plaintiffs’] claims for monetary damages will be dismissed with prejudice on payment of the sum of Three Million Dollars. Payment must be made immediately, and deposited into the trust account of [the Weekley plaintiffs’] counsel. Immediately upon said deposit, each Plaintiff, or their Court-appointed guardian or other legally authorized representative, will dismiss his/ her monetary claims, and the trial court shall enter an order of dismissal, costs taxed to defendant.
“[The Weekley plaintiffs’] claims for equitable and injunctive relief will remain pending, but inactive, during the pendency of the class action claims’ for injunctive relief made in [the White class action] subject to the stipulation that, under no circumstances, shall the pending claims for equitable and injunctive relief in [the Weekley action] remain inactive longer than 18 months following the date of dismissal of [the Weekley plaintiffs’] monetary claims for relief.
“In further consideration for settlement, each [Weekley ] plaintiff will execute an irrevocable and binding agree[1193]*1193ment ... with respect to [the White class action, which shall provide]:
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“4. [The Weekley plaintiffs] will not file lawsuits against [the USM] defendants, or take legal action in [the White class action], before the expiration of 18 months following dismissal of [the Weekley plaintiffs’] monetary-claims, or before the date that the injunctive relief awarded by the trial court in [the White class action] becomes a final non-appealable order, whichever date first occurs. In other words, under no circumstance shall this provision remain in force for more than 18 months following the date of dismissal of [the Weekley plaintiffs’] monetary claims.
“5. The claim for injunctive relief made in [the Weekley action] shall be dismissed on such date as the trial court’s order of specific injunctive relief becomes final and non-appealable in [the White class action] but only if this date occurs within 18 months of the date of dismissal of [the Weekley plaintiffs’] monetary claims.
“6. On and after the expiration of said 18 month period, [the Weekley plaintiffs] shall not be bound by the agreements set out in Items 1, 2, 8, 4, and 5 above, but will be free to take such legal action in [the White class action], or in any other court proceeding, as may be authorized by Alabama law, both case law and statutory law, or to enforce such injunctive relief as may have been awarded by the Court in [the White class action], or to seek such further injunctive remedies as may be permitted by law with respect to the issues of fugitive dust including coal dust that are raised in this action and in [the White class action].”

Two days later, on October 4, 2002, the plaintiffs in the White class action settled with the USM defendants (“the White settlement”). The White settlement defined the non-opt-out plaintiff class as “all natural persons, who at any time between and including January 1, 1990 and the Effective Date ... lived on, leased or owned property within a radius of five (5) miles of operations conducted by [the USM defendants] at [the plant].” The Weekley plaintiffs do not dispute for purposes of this petition that they fall within the definition of membership in the White class action.

The White settlement provides for the plaintiff class in that action to forgo monetary damages in exchange for the agreement of the USM defendants to implement 14 actions toward “the proper maintenance and upgrade of the system to facilitate the goals of eliminating or minimizing particulate matter and other airborne emissions” (“the injunctive relief’). The White settlement provided that the trial court would enter an order “retaining exclusive jurisdiction over this controversy” and that the expert for the plaintiffs in the White class action would “review [the injunctive relief]” and periodically “inspect the facility” and “approve or suggest modifications or additional remedial measures.” The White settlement provided that in exchange for the USM defendants’ compliance with the injunctive relief, the members of the White class would release the USM defendants from all “settled claims.” The White settlement defined “settled claims” as

“all known and unknown claims that [the White class] may presently have or in the future may have against [the USM defendants], arising from or in any way relating in whole or in part to any discharge or release of particulate matter or other airborne emissions during the
[1194]*1194Applicable Time Period,[4] ... including without limitation all known or unknown claims for present or future damages or remedies, of whatever kind or character ... from exposure occurring prior to the Effective Date ...

The White

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Cite This Page — Counsel Stack

Bluebook (online)
26 So. 3d 1190, 2009 Ala. LEXIS 161, 2009 WL 1819414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weekley-v-us-steel-mining-co-ala-2009.