What is this Settlement about?
Owners and residents of certain condominium units in certain buildings located at the Port Liberté multi-home development in Jersey City, New Jersey filed a class action lawsuit claiming that the operators of two industrial businesses at nearby Claremont Terminal produced noise, odors, light, air pollution from dust, particulate matter and other causes, fires, and explosions, that caused the market value of their units to decrease and interfered with their use and enjoyment of their units. The Defendants in the case, Simsmetal East LLC, Sims Group USA Holdings Corporation and Sims Municipal Recycling of New York, LLC, deny all liability.
Who is included?
You may be eligible for a payment (meaning that you’re a “Class Member”) if you owned or leased a unit at 1 Independence Way, 205 Shearwater Court West, 206 Shearwater Court West, 207 Shearwater Court West, 208 Shearwater Court West, 100 Shearwater Court East, 101 Shearwater Court East, 102 Shearwater Court East, 15 Freedom Way, or 4 Constellation Place that has windows, doors, balconies, or other open-air access facing business operations at Claremont Terminal at any point between April 26, 2018 and January 23, 2026.
What benefits does the Settlement provide?
The Settlement provides that Defendants will establish a Settlement Fund valued in the amount of $1,475,000. Class Members who file valid Claims will receive a check. Payment amounts will be based on the number of settlement shares allocated to each Class Member and depend on four things: (1) whether you owned or leased the unit; (2) the number of years that you owned or leased the unit and resided in the unit; (3) the building in which the unit is located; and (4) the number of other Claimants (for more detail, see FAQ 7).
In addition, the Settlement provides that Defendants are undertaking a number of remedial measures at their respective facilities at Claremont Terminal to minimize and mitigate the alleged environmental impacts of the noise, odors, light, air pollution from dust, particulate matter and other causes, fires, and explosions that allegedly result from their respective industrial business operations. These measures are described in detail in the Settlement Agreement.
Your Legal Rights and Options in this Settlement
These deadlines may be moved, canceled, or otherwise modified, so please check this site regularly for updates.
| Option & Due Date | Status | Event Description |
|---|---|---|
Submit a Claim Form May 26, 2026 | Status: Upcoming | Explanation: You must file a Claim Form to receive a cash payment. If you do not participate in the claims process by May 26, 2026, you will not receive any settlement benefits. |
Ask to be Excluded May 4, 2026 | Status: Upcoming | Explanation: By asking to be excluded, you will not share in this Settlement. This is the only option that allows you to keep any rights to sue Defendants about the same legal claims in this lawsuit. |
Object May 4, 2026 | Status: Upcoming | Explanation: You may write to the Court about why you do not like the Settlement. |
Do Nothing | Explanation: By doing nothing, you forfeit the opportunity to receive any compensation and you give up any rights to sue Defendants, and certain parties related to them, about the claims that have been or could have been asserted based on the facts alleged in this lawsuit. | |
Go to a Hearing May 22, 2026 at 10:00 A.M. Eastern | Status: Upcoming | Explanation: You may ask to speak in Court about the fairness of the Settlement. |
