Settlement checks related to Norfolk Southern's disastrous 2023 derailment could be delayed up to two years now because an appeal of a federal judge's decision last week to approve the $600 million deal has been filed, lawyers in the case said Monday.
Many residents of East Palestine, Ohio, expressed outrage about the appeal because it will delay the payments they had been counting on to help them recover from the toxic train crash that disrupted their lives when it spewed hazardous chemicals into their community. Some people had planned to use the money to relocate.
People in town who are frustrated they won't get their money right away lashed out at Rev. Joseph Sheely and started threatening him and his wife Monday because his name is on the appeal. Sheely did challenge the settlement this summer but said he specifically asked his lawyer to leave him out of any appeal and doesn't want any part in it.
“I was trying to do something for the residents of East Palestine, including myself,” Sheely said. “But it seems like they don’t want anybody to do anything. They just want the cash. And so I’m done. I’m so totally done.”
The plaintiffs' attorneys had hoped to start sending out the first checks before the end of the year, but that won't happen because the 6th Circuit Court of Appeals will first have to address concerns about whether the deal offers enough compensation and whether residents were given enough information to decide whether it is fair.
“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," the plaintiffs’ attorneys said in a statement. “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 lawyers estimated that the payments will be delayed at least six to 12 months while the appellate court considers the appeal that was filed Friday but they could be delayed even longer if the case is appealed up to the U.S. Supreme Court or sent back for additional proceedings in Judge Benita Pearson's court.
Sheely's attorney, David Graham, said the statement from the plaintiff's attorneys only served to put more pressure on his client and spurred on the threats.
“Their reckless statements have put my client in jeopardy and make my client feel unsafe in his own community,” Graham said.
The settlement offered payments of up to $70,000 per household for property damage and up to $25,000 per person for injuries to those who lived within two miles of the derailment. The payments would drop off significantly further out with only a few hundred dollars offered to people who live closer to the limit of 20 miles (32 kilometers) away.
The appeal won't increase the $162 million in legal fees and $18 million in expenses the judge awarded to the plaintiff’s attorneys last week unless the deal is overturned and new fees are awarded as part of the case.
Residents posting on the “East Palestine off the rails!” Facebook group accused the pastor who filed the appeal of being greedy because one of his objections to the deal is the frustration that any payments residents received from the railroad since the derailment to temporarily relocate or replace damaged belongings will be deducted from any settlement they receive. Some characterized that as a desire to be compensated twice for the derailment.
But the vocal few who objected to the deal have said they have deeper concerns. They have said they don't know the full extent of the chemicals they were exposed to because the plaintiff's lawyers have refused to disclose what their expert found when he tested in town and because the Environmental Protection Agency doesn't disclose everything it knows about the extent of the lingering contamination.
The town of East Palestine remains deeply divided over the derailment with some residents eager to move forward and put the disaster behind them while others who are still dealing with unexplained health problems can't see how to do that. The dispute over the appeal in the class action case only adds to the divisions.
FILE - A view of the scene Feb. 24, 2023, as cleanup continues at the site of a Norfolk Southern freight train derailment that happened on Feb. 3, in East Palestine, Ohio. (AP Photo/Matt Freed, File)
ATLANTA (AP) — A final day that wasn't on the schedule and won't soon be forgotten.
An improbable comeback by the New York Mets in the opening game of a makeup doubleheader to secure their playoff berth. A gritty recovery by the Atlanta Braves in the nightcap, stamping their postseason ticket as well.
And all the Arizona Diamondbacks could do was watch hopelessly from the desert, their hopes snuffed out by two games on the other side of the country.
“You’re just focused on getting into the postseason,” said Braves first baseman Matt Olson, soaked in champagne as he celebrated a 3-0 win in the last game of the regular season. “Whatever it took. If we had to play four games today, we would have done it.”
The regular season went to extra innings after the Mets and Braves had a pair of games rained out last week by Hurricane Helene. They controlled their own fates, with each holding a tiebreaker edge over the defending NL champion Diamondbacks.
Arizona needed one team to sweep, so they were pulling for the Mets after they overcame deficits of 3-0 in the eighth inning and 7-6 in the ninth to win the opener 8-7, going ahead for good on Francisco Lindor’s two-run homer.
"An instant classic game,” said Brandon Nimmo, whose two-run homer capped a six-run eighth.
The Braves, to their credit, bounced back to get the win they had to have. Even after ace Chris Sale was scratched because of back spasms, journeyman Grant Holmes stepped in to lead off a three-hitter spread among six pitchers.
At the end, in the perfect capper to a wacky day, there were champagne-spraying celebrations in both clubhouses at Truist Park.
Holmes found out he was starting about a half-hour before the first pitch.
“I was about to go get some food,” said the 28-year-old Holmes, who finally made it to the big leagues this year after a decade in the minors. "They came up to me and said, ‘Hey, you’re going to start this one off today.’ And I was like, ‘Oh, OK, here we go.’”
With their postseason berth locked up, the Mets added left-hander Joey Lucchesi to the roster to start the second game. The 31-year-old left-hander spent most of the season at Triple-A Syracuse, giving up five runs in 4 1/3 innings in his lone big league appearance before Monday,
He looked like an ace against the Braves, who might’ve still been a bit shellshocked after the way they lost the opener. Lucchesi (0-2) allowed just three hits, including a run-scoring single to Gio Urshela, in a six-inning, 111-pitch outing.
But Marcell Ozuna gave the Braves some breathing room with a two-run single in the seventh. Daysbel Hernandez (3-0) earned the win and Raisel Iglesias finished it off for his 34th save in 37 chances.
The Braves also got a scoreless inning from starter Reynaldo López, who had pitched six innings just two days earlier.
“I'm so proud of all those guys,” Atlanta manager Brian Snitker said. “It takes the whole building to make something like this happen.”
The Mets were already in party mode after Lindor’s 33rd homer.
Trailing 3-0, with just three singles through seven innings against rookie Spencer Schwellenbach, New York's offense came to life in the eighth.
The Mets surged ahead with their six-run outburst. The Braves stormed back with four runs in the bottom half, as Ozzie Albies delivered a bases-loaded double with two outs for a 7-6 lead — giving him five RBIs in the game after a two-run homer in the third.
But New York delivered the final blow with Lindor's drive into the Braves bullpen off Pierce Johnson (7-5).
“That was one of the craziest games I’ve ever been a part of,” said Carlos Mendoza, the Mets rookie manager. “Just the meaning of it. Coming back in the game and then losing the lead and then coming back again in the ninth. It was unbelievable, like you should write a book.”
Edwin Díaz (6-4) earned the win with a season-high 40 pitches despite giving up Albies’ go-ahead hit, which came after the Mets closer failed to cover first on a play that allowed Jarred Kelenic to reach on a two-out infield hit.
Díaz demanded to return to the mound for the ninth.
“I don’t care what you say, I’m going back out,” he told Mendoza.
New York had lost 77 straight games when trailing by three runs in eighth inning or later since May 17, 2023. With that streak snapped, Díaz slammed his glove to the ground and the Mets celebrated their 11th postseason berth in 63 seasons, the last coming in 2022.
“I’ve never seen a game like that,” Mets owner Steve Cohen said.
Or a final day like that.
SALE’S STATUS
Atlanta had been holding back Sale since his scheduled start last week was rained out, saying they wanted to use him in an elimination game.
But the left-hander wasn’t able to pitch because of back spasms, which Braves general manager Alex Anthopoulos said only cropped up after a throwing session Sunday but Snitker conceded had been an issue for some time.
“He’s had it off and on all year,” Snitker said. “Everybody in that room’s got aches and pains at this time of year."
The Braves aren't sure if Sale will be able to pitch in the playoffs.
UP NEXT
Mets: Head back to Milwaukee, where they just played a weekend series, for the best-of-three Wild Card Series that begins Tuesday.
Braves: Were heading to the airport for the four-hour flight to San Diego, where their Wild Card Series also starts Tuesday.
AP MLB: https://apnews.com/hub/mlb
Atlanta Braves' Travis d'Arnaud, left, Orlando Arcia, center, and Ramón Laureano, right, celebrate after scoring in the eighth inning of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets owner, Steve Cohen, right, high fives Luisangel Acuña in the dugout after winning the game in the ninth inning of a baseball game against the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets pitcher Edwin Díaz, center, celebrates with teammates after winning the game in the ninth inning of a baseball game against the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets' Francisco Lindor, left, and Starling Marte, center, celebrate at home plate after scoring in the ninth inning of a baseball game against the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves second baseman Ozzie Albies throws out New York Mets' Jose Iglesias at first base in the sixth inning of a baseball game, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets second baseman Jose Iglesias, right, tags second base and throws to first before Atlanta Braves' Ozzie Albies, left, can slide into the bag in the fifth inning of a baseball game, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves' Ramon Laureano, center, celebrates with teammates in the dugout after hitting a solo home run to centerfield in the sixth inning of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves' Marcell Ozuna waits for the pitch in the fifth inning of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets pitcher Huascar Brazoban throws in the sixth inning of a baseball game against the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves' Ramon Laureano, behind, celebrates with Atlanta Braves Orlando Arcia, front, in the dugout after hitting a solo home run to centerfield in the sixth inning of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves' Ramon Laureano hits a home run to center field in the sixth inning of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets' Francisco Lindor prepares to swing in the third inning of a baseball game against the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets fans await their turn to get autographs before the start of a baseball game against the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Bally reporter, Hanna Yates, broadcasts her pregame with fans standing behind her waiting for autographs before the start of a baseball game between the New York Mets and the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets pitcher Tylor Megill throws in the first inning of a baseball game against the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves' Ozzie Albies, left, gestures to the crowd while stepping on home plate after hitting a two-run home run in the third inning of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets' Tyrone Taylor steal second base before Atlanta Braves second baseman Ozzie Albies, top, can tag him in the third inning of a baseball game, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
New York Mets owner Steve Cohen, right, poses with a fan for a photo before the start of a baseball game against the Atlanta Braves, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves pitcher Spencer Schwellenbach throws in the first inning of a baseball game against the New York Mets, Tuesday, Sept. 24, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves fans await for the start of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves' Ozzie Albies prepares to tag third base after hitting a two-run home run in the third inning of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
Atlanta Braves pitcher Spencer Schwellenbach throws in the first inning of a baseball game against the New York Mets, Monday, Sept. 30, 2024, in Atlanta. (AP Photo/Jason Allen)
