Exhibit K

Case 2:11-cv-01754-BRM-AME Document 621-14 Filed 07/23/20 Page 1 of 28 PageID: 48307
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Williams v. BASF Catalysts LLC, et al, C.A. No. 2:11-cv-01754.

If you or a close relative were ever a plaintiff in a 

lawsuit against Eastern Magnesia Talc Company, 

Engelhard Corporation or BASF Catalysts, LLC 

based on an asbestos-related personal injury or 

wrongful death due to exposure to Emtal Talc, you 

could receive a payment from a proposed Class 

Action Settlement. 

A Federal Court has authorized this Notice. This is not a solicitation from a lawyer.

• A proposed Class Action Settlement (“the Settlement”) will provide a Settlement Fund of 

$72.5 million to pay claims submitted by asbestos-related personal injury claimants or their 

surviving heirs, if deceased, who are Class Members. The fund will be established by the 

Court authorizing this Notice.

• To qualify for monetary compensation, a person must:

• at any time between March 8, 1984 and March 29, 2011, have filed and served a 

lawsuit against Engelhard Corporation (“Engelhard”), or one of its subsidiaries (such 

as Eastern Magnesia Talc Company), or BASF Catalysts, LLC (“BASF”), which 

acquired Engelhard and its subsidiaries in June 2006, seeking asbestos bodily injury 

compensation or other relief arising from exposure to Emtal Talc, and 

• before March 30, 2011, have either: 

(A) voluntarily dismissed or terminated the lawsuit as to Engelhard/BASF after 

the suit was filed, including any voluntary dismissal or release of claims due to 

settlement; OR

(B) had their lawsuit as to Engelhard/BASF involuntarily dismissed by the 

presiding Court.

“Person” includes any individual or entity who has or had the right to claim damages 

relating to Emtal Talc exposure either in their own right because of an asbestos bodily 

injury allegedly sustained as result of claimed exposure to Emtal Talc in any form or 

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manner, or as an individual who may had have a right to damages based on an asbestos 

injured person’s injury or death such as, spouses, heirs, legatees, personal representatives, 

or wrongful death beneficiaries. 

Authorized representatives of deceased, legally incapacitated or incompetent person 

qualifying as a Class Member and family members of deceased persons qualifying as a 

Class Member who meet certain criteria may also file claims for monetary awards.

• Engelhard mined, milled, and marketed Emtal talc in the United States from 1967 through 

1984, and sold and distributed it to companies for various industrial and commercial 

applications. Exposure to Emtal Talc may have happened in a variety of manners and occurred 

occupationally. This lawsuit, however, does not involve exposure to any personal cosmetic 

product such as baby, body, or talcum powder.

• Your or your family member’s asbestos personal injury claim lawyer or law firm may have 

information to assist you in determining if you qualify as class member.

• Your legal rights are affected whether you act or don’t act. Read this Notice carefully. 

• These rights and options—and the deadlines within which to exercise them—are explained in 

this Notice. 

• The Court in charge of this case still has to decide whether to approve the Settlement. 

Payments will be made only if the Court approves the Settlement and after any appeals are 

resolved. Please be patient. 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

STAY IN THE SETTLEMENT 

CLASS AND SUBMIT A 

CLAIM BY ________

The only way to get a payment. 

To receive monetary benefits, you will need to timely submit a 

claim to the Settlement Fund’s Administrator. However, if the 

Court approves the Settlement you will be bound by the terms 

and release contained in the Settlement even if you do not submit 

a claim, unless you exclude yourself as described below.

EXCLUDE YOURSELF Get no payment.

This option allows you to pursue a lawsuit against defendant 

BASF, defendant Cahill Gordon & Reindel LLP and any of their 

co-defendants about the legal claims in this case. It also is the 

only option that allows you to ever be part of any other lawsuit 

against BASF or the other parties being released under the 

Settlement Agreement for any asbestos-related personal injury or 

wrongful death claim, whether the injury or claim is known or

unknown, including any potential subsequent asbestos-related 

personal injury or wrongful death claim that may arise in the 

future. 

OBJECT Write to the Court if you do not like the Settlement. 

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GO TO A HEARING Ask to speak in Court about the fairness of the Settlement.

DO NOTHING If you do nothing you will remain in the Class Action as a Class 

Member and will not, in the future, be able to pursue any other 

lawsuit against BASF, Cahill or the other parties being released 

under the Settlement Agreement for any asbestos injury or 

wrongful death claim, known, unknown or potential, including 

any possible secondary disease or second asbestos injury claim 

that may arise in the future. If you do not timely file a complete 

Claim Submission with the Administrator, you will not 

receive compensation.

The deadline to file a Claim Submission is ______.

Important dates and deadlines:

Class Membership Exclusion (opt-out) Deadline

(To be added)

Claim Submission Deadline (To be added)

Objection and Intervention Submission Deadline (To be added)

Fairness Hearing (To be added)

This Notice is only a summary of the Settlement Agreement, the Plan of Distribution and your 

rights. You are encouraged to carefully review the complete Settlement Agreement and Plan of 

Distribution at www.EmtalTalcSettlement.com. The Settlement Agreement and Plan of 

Distribution are also on file in the office of the Clerk of the Court for the U.S. District Court for 

the District of New Jersey in Newark, New Jersey (see Question __for the address). You can also 

get this information by calling 1-8XX-000-0000 and requesting copies. 

Please do not write, email or call the Court or Clerk of Court for additional information.

What This Notice Contains

1. Why did I get this Notice? .................................................................................................... 5

2. What is this lawsuit? ............................................................................................................. 5

3. What is a class action? .......................................................................................................... 6

4. What are the claims, issues and defenses in this class action? ............................................. 7

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5. How many class members are there? .................................................................................... 8

6. Why is there a settlement? .................................................................................................... 9

WHO IS INCLUDED IN THE SETTLEMENT? ..................................................................................... 10

7. How do I know I am a class member? ................................................................................ 10

8. What if I am not sure whether I am included in the Settlement Class? .............................. 11

9. Do I need to hire a lawyer to represent me in the Settlement? ....................................... 12

THE SETTLEMENT’S BENEFITS—WHAT YOU GET AND WHAT YOU GIVE UP............................ 12

10. What does the Settlement provide? .................................................................................. 12

11. When and how will the Settlement Fund be distributed to Settlement Class Members?. 12

12. How much money will I receive in the Settlement? ....................................................... 13

13. What am I surrendering by staying in the Settlement Class?........................................... 19

HOW TO GET A PAYMENT—SUBMITTING A CLAIM FORM........................................................... 19

14. What must be done to get a monetary payment from the Settlement Fund?.................... 19

15. How can I submit a claim to get a monetary payment? ................................................... 20

16. Is there a time limit to file claims for monetary awards or to complete Claim 

Submissions?............................................................................................................................... 20

17. When would I get my payment if eligible? ...................................................................... 21

18. Can I challenge or dispute the Administrator’s determination of my monetary award 

claim?21

19. How do I get out, or exclude myself (opt out) of the Settlement? ................................... 21

20. If I do not exclude myself (opt out), can I sue BASF, Cahill and the other released Parties 

for the same thing later?.............................................................................................................. 22

21. If I exclude myself, can I still get a payment?................................................................. 22

THE LAWYERS REPRESENTING YOU ............................................................................................. 22

22. Do I have a lawyer in this case? ....................................................................................... 22

23. How will the lawyers be paid? ......................................................................................... 23

24. Are the class representatives being paid any compensation for their services? ............... 24

25. What’s the difference been objecting to the Settlement and excluding yourself from the 

Settlement?.................................................................................................................................. 25

THE COURT’S FAIRNESS HEARING................................................................................................ 25

26. When and where will the Court decide whether to approve the Settlement?................... 25

27. Do I need to come to the hearing?.................................................................................... 25

28. May I speak at the hearing?.............................................................................................. 26

IF YOU DO NOTHING...................................................................................................................... 26

GETTING MORE INFORMATION ..................................................................................................... 27

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29. Are there more details about this Settlement?.................................................................. 27

30. How do I get more information? ...................................................................................... 27

BASIC INFORMATION

1. Why did I get this Notice?

You, someone in your family, or someone for whom you were a personal representative 

may have been a party in an asbestos injury or wrongful death lawsuit filed between March 8, 

1984 and March 29, 2011, that named as a defendant Engelhard Corporation (“Engelhard”) or 

BASF Catalysts, LLC (“BASF”) or one of their subsidiary or affiliated companies (identified later 

on in this document), which lawsuit was voluntarily or involuntarily dismissed. BASF acquired 

Engelhard Corporation in June 2006 through a merger transaction. (Collectively Engelhard, BASF 

and its subsidiary/affiliates are referred to as “Engelhard/BASF”). During this period of time, 

numerous lawsuits were filed against Engelhard/BASF alleging that asbestos injuries were caused 

through exposure to Emtal Talc, the brand name under which Engelhard’s subsidiaries marketed 

the talc it produced. These now-dismissed lawsuits together involved thousands of individuals 

and are referred to as the “Underlying Lawsuits.”

After the Underlying Lawsuits were dismissed or resolved, a dispute developed about 

whether information concerning the existence of asbestos in Emtal Talc was concealed or 

misrepresented by Engelhard/BASF and its national defense coordination law firm, Cahill Gordon 

& Reindel (“Cahill”), which in turn may have led to the unfair dismissal of asbestos lawsuits 

against Engelhard/BASF. The dismissals of these Underlying Lawsuits as to 

Engelhard/BASF are presently the subject of a proposed class action lawsuit pending in the United 

States District Court for the District of New Jersey (the “Court”). The case is known as Williams, 

et al v BASF Catalysts, LLC, et. al, C.A. No. 2:11-cv-01754. 

The people who sued are called the Plaintiffs. The people or companies they sued are 

called the Defendants. They are more fully identified below. 

The Court sent you this Notice because you have a right to know about a proposed 

settlement of a class action lawsuit and about your options before the Court decides whether to 

give final approval of the Settlement. If the Court approves the Settlement and after any objections 

and appeals are resolved, an Administrator appointed by the Court will make the payments that 

the Settlement allows. 

This package explains the lawsuit, the Settlement, your legal rights, what benefits are 

available, who is eligible for them, and how to get them, along with what claims and rights you 

would surrender in exchange if the Settlement is approved by the Court and implemented. 

2. What is this lawsuit?

This is a federal court class action pending in the United States District Court for the 

District of New Jersey since 2011. The Plaintiffs contend that the Defendants named in the lawsuit 

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misled the attorneys representing them or their respective deceased family members in Underlying 

Lawsuits against Engelhard/BASF about the existence of asbestos in Emtal Talc to support 

Engelhard/BASF’s defense that Emtal Talc did not contain asbestos. Plaintiffs contend these 

actions led to unfair settlements and/or dismissals of their or their deceased relatives’ Underlying 

Lawsuits as to Engelhard/BASF, as well as to unfair settlements and dismissals of other asbestos 

claimants’ lawsuits against Engelhard/BASF similar to theirs. 

“Emtal Talc,” was a brand of industrial talc sold by a subsidiary of Engelhard that was 

used in the manufacturing of various industrial products, such as tires and other rubber goods, 

paints, plaster, caulking, and auto-body repair compounds. This lawsuit does not involve exposure 

to any personal cosmetic product such as baby, body or talcum powder.

Engelhard was a chemical company that closed its talc mine in 1984. The Emtal Talc 

business was a small business within Engelhard, itself a large mining and minerals trading 

company. BASF bought Engelhard in June 2006. 

Plaintiffs claim that from 1984 until 2009, Engelhard (BASF acquired Engelhard in 2006), 

its former national law firm Cahill, and employees of the two companies, made misstatements or 

concealed evidence about the existence of alleged asbestos in Emtal Talc and failed to disclose 

related information to plaintiffs, their lawyers, and courts in the Underlying Lawsuits. Plaintiffs 

claim that due to these misstatements and omissions, the plaintiffs in the Underlying Lawsuits 

either (1) voluntarily agreed to dismiss or settle their cases for less than they otherwise would 

have accepted or (2) had their cases involuntarily dismissed by court order upon motions filed by 

the Defendants. Defendants deny Plaintiffs’ allegations and dispute that any statements about 

Emtal Talc affected the outcome of the Underlying Lawsuits because (1) the claims in the 

Underlying Lawsuits were without merit, (2) the amount of asbestos in Emtal Talc, as reported in 

historical documents, could not have caused harm to human health, and (3) many of the 

Underlying Lawsuits were resolved for fixed amounts irrespective of the alleged asbestos content 

of the talc or the number of talc defendants. Defendants further contend that many of the 

complaints merely named Engelhard without any specific allegations regarding product 

identification, exposure, or damages. Plaintiffs dispute these arguments.

3. What is a class action?

In a class action, one or more persons, the named plaintiffs (who are also called proposed 

“class representatives”) sue on behalf of themselves and other persons with similar claims. All of 

these people together are the proposed “Class” or “Class Members.” When a class action is 

settled, one Court resolves the issues for all Class Members (in the settlement context, “Settlement 

Class Members”), except for those who exclude themselves (opt out) from the Settlement. U.S. 

Magistrate Judge Joseph A. Dickson is in charge of this class action. In this case, the proposed 

class representatives are Kimberlee Williams, Gayle Williams, Marilyn L. Holley, Sheila Ware, 

Donnette Wengerd, and Rosanne Chernick, who are heirs to the persons who originally sued 

Engelhard in the Underlying Lawsuits. Excluding yourself (opting out) means that you will not 

receive any benefits from the Settlement. The process for excluding yourself (opting out) is 

described in Question 19. 

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4. What are the claims, issues and defenses in this class action?

Plaintiffs claim that the Defendants caused harm to Class Members through misstatements 

or concealing evidence in connection with the Underlying Lawsuits brought against 

Engelhard/BASF after March 7, 1984 and before March 29, 2011. Plaintiffs allege that, in 

defending these cases, Defendants claimed through communications to courts and plaintiffs’ 

lawyers, discovery responses, affidavits, and pleadings that: 

• Emtal Talc did not contain asbestos;

• No evidence existed that Emtal Talc contained asbestos; and

• No Engelhard employee had ever testified about whether Emtal Talc contained asbestos.

Through discovery in this lawsuit, Class Counsel obtained documents that purported to 

identify asbestos in some samples of Emtal Talc as well as testimony from former Engelhard 

scientists and reports from outside laboratories that purported to show asbestos in Emtal Talc. 

Plaintiffs claim that this information and the documents identified were wrongly concealed from 

plaintiffs in the Underlying Lawsuits in answers to discovery, in communications with 

Engelhard’s lawyers, and in motions filed with courts seeking dismissal of the Underlying 

Lawsuits. Plaintiffs further claim that Defendants supported these statements with affidavits they 

drafted and disseminated to convince plaintiffs in the Underlying Lawsuits and courts that Emtal 

Talc did not contain asbestos. Plaintiffs claim that, as a result of these misstatements and 

Defendants’ failure to disclose this evidence, plaintiffs in the Underlying Lawsuits (1) agreed to 

dismiss their personal injury claims against Engelhard (and later BASF); (2) settled them for less 

than they otherwise would have accepted; or (3) had their cases dismissed by court order for lack 

of proof that Emtal Talc contained asbestos.

For their part, BASF and Cahill deny these contentions. They claim that the amount of 

asbestos reported to be found in the documents identified by class counsel are insufficient to cause 

harm to human health, dispute the merit of the Underlying Lawsuits, dispute the validity of some 

tests that Plaintiffs claim identify asbestos in certain samples of Emtal Talc, and dispute that any 

statements about Emtal Talc affected the outcome or settlement amounts of the Underlying 

Lawsuits. BASF also claims that it was not aware of the facts alleged by the Plaintiffs in this case 

when it bought Engelhard in 2006 and that BASF did not learn of the circumstances giving rise to 

Plaintiffs’ allegations in this case until 2009. Upon discovery of certain documents and 

information concerning Emtal Talc in 2009, BASF and its former counsel separated, and BASF 

retained new counsel which has represented it since 2009. BASF also states that it no longer 

defends Emtal Talc cases on the basis that there is no evidence that Emtal Talc contained asbestos. 

Nevertheless, BASF believes and continues to defend these cases on various grounds, including 

that there is no evidence that the reported levels of asbestos in Emtal Talc could cause harm to 

human health.

The Williams Plaintiffs acknowledge the challenges to succeeding in this litigation. For 

instance, Class Members would need to prove that plaintiffs in the Underlying Lawsuits were 

damaged by an evidential record in those cases that did not contain the evidence Defendants are 

alleged to have concealed or made misstatements about. In addition, the District Court has ruled 

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that plaintiffs would be required to waive their attorney-client privilege to allow for discovery of 

otherwise confidential communications with their counsel in their Underlying Lawsuits as to what 

effect, if any, the alleged misrepresentations had on the plaintiffs or their lawyers in deciding to 

dismiss or settle with Engelhard in the Underlying Lawsuits. The District Court in Williams has 

already ordered discovery and disclosure by the named Plaintiffs and certain other class members 

of these types of attorney-client communications. 

Defendants also point to evidence developed during discovery in this case of modest 

settlements amounts (including in the hundreds of dollars) that some plaintiffs accepted in 

Underlying Lawsuits from other talc manufacturers despite evidence that their talc contained 

asbestos. These modest settlement amounts accepted from defendants for whom there was proof 

that their products contained asbestos were similar to what Engelhard paid some plaintiffs. 

Defendants also claim that case files from the Underlying Lawsuits produced during discovery 

give rise to other defenses that they could assert to support their contention that Defendants’ 

actions did not cause the settlement or dismissal of the Underlying Lawsuits, such as (1) the 

absence of evidence of a plaintiff’s exposure to Emtal Talc; (2) that some claims were dismissed 

as untimely filed; (3) that other claims were filed in the wrong jurisdiction; or (4) claims were 

dismissed due to some other procedural or substantive reason not related to the asbestos content of 

Emtal Talc.

Earlier in this litigation, Plaintiffs also claimed that Engelhard and Cahill had destroyed 

documents relating to Emtal Talc. This assertion was made on Plaintiffs’ good-faith belief at the 

time that documents that should have existed no longer exist. However, Plaintiffs acknowledge 

that, through BASF’s efforts to address Plaintiffs’ allegations, BASF has since located thousands 

of documents relating to Emtal Talc, including testing documents that Plaintiffs believe show 

there was asbestos in Emtal Talc, documents that Plaintiffs claim were not provided to the 

plaintiffs in the Underlying Lawsuits. BASF has also located various other documents that 

Plaintiffs had believed were destroyed. Plaintiffs acknowledge that if they were to continue to 

allege document destruction, they would have to contend with the fact that BASF has located 

many additional documents since this litigation began. Plaintiffs further acknowledge that the 

essential key facts are now in the public domain from discovery in Williams and other litigation. 

On the other hand, BASF would have to contend with Plaintiffs’ assertion that some number of 

documents still have not been located and, therefore, were not produced in the Underlying 

Lawsuits.

5. How many class members are there?

A precise number of potential Class Members is not known due to the passage of time 

since the Underlying Lawsuits were first filed and dismissed, the deaths of many plaintiffs and 

their lawyers in the Underlying Lawsuits and the state or loss of records. Based on case census 

information obtained in discovery in Williams, case information provided by some of the law 

firms that represented claimants in the Underlying Lawsuits, and the review of other lawsuit 

complaints in which hundreds or thousands of purported asbestos claimants were joined into one 

lawsuit, Verus LLC, the asbestos claims administration firm that is advising Class Counsel, has 

estimated that there are 18,721 potential class members. This estimated number includes both the 

individuals who were the persons in the Underlying Lawsuits claiming to have suffered an 

asbestos-related personal injury or death (“Injured Persons”) as well as persons who sued 

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Engelhard/BASF derivatively based upon the Injured Person’s asbestos-related personal injury or 

death, such as a spouse or the children or personal representative a deceased Injured Person (these 

are defined as “Derivative Claimants”). Based on an analysis of information produced in 

discovery, social security numbers and claim records of potential class members who have filed 

asbestos bodily injury claims against defendants other than Engelhard/BASF, Verus estimates the 

number of class members who are Injured Persons is in the range of 7,500 to 8,500 persons.

6. Why is there a settlement?

After extensive litigation spanning more than eight years, which included an appeal to the 

Third Circuit Court of Appeals, extensive discovery (including the production of hundreds of 

thousands of pages of documents), many depositions, several protracted discovery disputes, and 

previously failed settlement initiatives, the Plaintiffs and Defendants have agreed to this 

Settlement. 

A settlement is an agreement between a plaintiff and a defendant to resolve a lawsuit. 

Settlements conclude without the court or a jury ruling in favor of the plaintiff or the defendant. A 

settlement allows the parties to avoid the cost and risk of a trial, as well as the delays of litigation. 

If the Court approves this Settlement, the litigation between the Settlement Class Members 

and the Defendants is concluded. Only Settlement Class Members are eligible for the benefits 

summarized in this Notice. The Defendants will no longer be legally responsible to defend against 

the claims by Settlement Class Members made in this litigation.

The Court has not and will not decide in favor of the Plaintiffs or the Defendants. By 

reviewing this Settlement, the Court is not making and will not make any findings that any law 

was broken or that the Defendants did anything wrong. By entering into the Settlement 

Defendants are not admitting any of the claims made against them, which they continue to 

completely deny. Conversely, the Plaintiffs are not conceding that any of their claims against 

Defendants are invalid or without merit. 

Under the Settlement, BASF and Cahill will contribute a total of $72.5 million to a 

Settlement Fund for the benefit of the class identified in Question 7. The monetary awards to 

Settlement Class Members will vary based on the type of asbestos-related injury that the 

individual claimant developed. Details on how this Settlement Fund will be allocated and 

disbursed is described in a proposed Plan of Distribution that has been submitted to the Court in 

connection with the Settlement. In addition to funding the Settlement Fund, BASF and Cahill will 

pay the costs of providing notice to the class up to certain limits stated in Settlement Agreement, 

administration of the claims process, incentive awards to the Class Representatives, and will pay 

Class Counsel’s attorneys’ fees and cost reimbursement allowed by the Court. 

The Class Representatives and Class Counsel (see Question 22) believe that the proposed 

Settlement is best for everyone involved. The factors that Class Counsel considered included the 

uncertainty and delay associated with continued litigation, including trial and appeals, as well as 

the uncertainty of particular legal issues that are yet to be determined by the Court. Class Counsel 

balanced these and other substantial risks in determining that the Settlement is fair, reasonable and 

adequate in light of all circumstances and in the best interests of the Settlement Class Members. 

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WHO IS INCLUDED IN THE SETTLEMENT?

To get money from the Settlement, you must first qualify as a Class Member. 

7. How do I know I am a class member?

For settlement purposes the Court has defined the Class in this case to consist of the 

following:

All Persons within the United States and its territories who after March 7, 1984 

and before March 30, 2011 filed and served a lawsuit against Engelhard/BASF 

seeking asbestos bodily injury or other relief arising from its Emtal Talc products, 

and who before March 30, 2011 either: (A) had voluntarily dismissed or 

terminated the lawsuit as to Engelhard/BASF either before or after the suit was 

filed, including any voluntary dismissal or release of claims due to settlement; or 

(B) had their lawsuit as to Engelhard/BASF involuntarily dismissed. 

The date on which a voluntary dismissal or termination occurred for purposes of 

determining class membership is the earlier of either (i) the date on which the agreement or 

consent by the plaintiff or his/her counsel to dismiss or terminate the lawsuit occurred; or (ii) the 

date on which the dismissal or termination of the lawsuit was entered by or in the court in which it 

was pending.

A. Which Engelhard/BASF companies had to be named in the Underlying Lawsuits 

in order to qualify as a Class Member? 

In determining if a prior asbestos lawsuit qualifies a person as a Class Member, 

“Engelhard/BASF” means and includes the following companies: BASF Catalysts LLC, BASF 

Corporation, BASF CE, BASF SE, Engelhard Corporation, Engelhard Industries, Engelhard 

Minerals & Chemicals Corporation, Minerals & Chemicals Philip Corporation, Eastern Magnesia 

Talc Co., Porocel Corporation and Pita Realty Ltd.

B. What if the injured claimant named in the Underlying Lawsuit is dead?

The word “Person” in the definition includes any individual (or their estate if deceased) 

who claimed damages relating to an asbestos bodily injury allegedly sustained from exposure to 

Emtal Talc in any form or matter. This exposed, injured party (or his or her estate) is referred to in 

the Settlement as the “Injured Party” and in the Plan of Distributions as the “Primary Claimant”.

Where the Injured Party is deceased, his or her personal representative--e.g.- Executor(trix) 

or Administrator(trix)--is a Class Member and is authorized to submit a claim submission for 

monetary compensation to the Settlement Fund. 

C. Do parties who sued Engelhard/BASF in Underlying Lawsuits as spouses or 

wrongful death claim beneficiaries qualify as class members?

Yes. The word “Person” in the class definition includes the spouse, personal representative 

and wrongful death beneficiaries of the individual in the Underlying Lawsuits who is claimed to 

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have developed an asbestos-related injury where the person was named in the Underlying Lawsuit 

or the suit brought on his behalf in such capacity. Such parties are referred to as Derivative 

Claimants in the Settlement and there is a compensation component provided in the proposed Plan 

of Distribution for Derivative Claimants.

For claims administration purposes all Derivative Claimants of an Injured Person who is 

the subject of an Underlying Lawsuit are treated as a group under the proposed Plan of 

Distribution. 

D. Are the attorneys who represented the claimants in the Underlying Lawsuits also

class members?

No. The word “Person” in the class definition does not include any attorney or law firm 

represented plaintiffs in Underlying Lawsuits against Engelhard/BASF.

8. What if I am not sure whether I am included in the Settlement Class?

If you are not sure whether you are included, you can obtain information or assistance in a 

number of ways. 

You may contact the attorneys who represented you or your family member in the 

Underlying Lawsuit and see if they can assist you. Where the Settlement’s Administrator, Verus 

LLC, has information that a lawyer or law firm which filed Emtal Talc asbestos suits is still in 

practice or has a known and confirmed successor, the Administrator has taken steps to notify the 

lawyer and law firm (or known successors) of this class action lawsuit and proposed Settlement. 

Verus has taken steps to provide these lawyers with details on the Settlement and, where known, 

which of the lawyer’s or law firm’s clients may qualify as a class member. 

You can contact Verus LLC free of charge with questions or for more information by 

calling 1-888-401-1929 and asking for help regarding the Emtal Talc Settlement. You may also 

write with questions to Emtal Talc Settlement c/o Verus LLC, 3967 Princeton Pike, Princeton, NJ 

08540. During the time period that claims may be submitted to the Administrator, if a member of 

the public has a credible and good faith reason and belief that he or she may be a class member but 

is reasonably unable to secure necessary information to determine if he or she is, on written 

request to the Administrator providing and certifying these facts, along with appropriate 

identification information, including social security numbers, the Administrator, in turn, will make 

a reasonable computer word search of a searchable set of Underlying Lawsuit documents provided 

by the Defendants during discovery in the class action to determine if a possible match exists. If 

there is a match, the Administrator will provide the person requesting assistance with access for a 

limited amount of time to search and download documents supporting the person’s claim to class 

membership. There is a form for making such requests available on the Settlement’s website or 

that can be obtained by calling or writing the Administrator. 

For more information you can also visit the Settlement’s website, 

www.EmtalTalcSettlement.com. 

You also may fill out and submit the Settlement claim submission form described at 

Questions 14 and 15, to see if you qualify. 

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 9. Do I need to hire a lawyer to represent me in the Settlement? 

Class Counsel who are identified at Question 22 below are responsible for all of the 

common interests of the Class Members. Class Counsel filed and prosecuted this lawsuit, 

negotiated the Settlement and represent all of the common interests of the Class. However, Class 

Counsel are not responsible for and will not represent you individually in the class action or in 

making your individual claim to the Settlement Fund for the monetary payments that are described 

below. 

You have the right but are not required to hire your own lawyer to represent you in this 

class action or in making your individual claim to the Settlement Fund for monetary payments that 

are described below. Should you hire a lawyer you will be responsible for paying the fee you 

agree upon with that lawyer which may reduce the amount of any payment to which you may be 

entitled from the Settlement Fund. For more information on compensation to be paid to lawyers

please refer to Question 23 below.

THE SETTLEMENT’S BENEFITS—WHAT YOU GET AND WHAT YOU GIVE UP

10. What does the Settlement provide?

Defendants BASF and Cahill have agreed to create and fully fund a non-reversionary 

Settlement Fund of $72.5 million for use and benefit of Settlement Class Members which will be 

used for the payment of claims to Settlement Class Members pursuant to, and in accordance with a 

Plan of Distribution approved by the Court. (See Question 11 for a summary of the Plan.) In 

addition to the Settlement Amount, these two Defendants have agreed to pay up to $3.5 million to 

cover the reasonable and necessary costs of designing, establishing and carrying out the Plan of 

Notice and the Plan of Administration. BASF and Cahill have further agreed for the benefit of the 

Settlement Class Members to pay Class Counsel’s attorneys’ fees as approved by Court up to 

$22.5 million together with reimbursement of Class Counsel’s litigation costs approved by the 

Court up to the sum of $1.2 million. 

 Defendants BASF and Cahill have additionally agreed as part of the Settlement that 

copies of the following Emtal Talc litigation materials are and will remain in the public domain: 

(a) the Williams Action’s pleadings; (b) the Williams Action’s non-privileged depositions 

(including non-privileged exhibits); (c) non-privileged documents produced or subpoenaed during 

discovery in the Williams Action and (d) copies of the public non-privileged depositions 

(including non-privileged exhibits) taken in the New Jersey Superior Court Asbestos Program’s 

Sampson, Comandini, Fuschino, Paduano and Volk lawsuits. Such documents may be made 

available by Class Counsel or their designee to any person, except as limited by any operative 

sealing orders or confidentiality orders.

11. When and how will the Settlement Fund be distributed to Settlement Class 

Members?

If the Settlement is approved and becomes final, the Settlement Fund will be distributed 

according to a Plan of Distribution approved by the Court. As part of the class action settlement 

approval proceedings, the Court is considering a proposed Plan of Distribution which is described 

in this Notice. A copy of the Proposed Plan is available on the Settlement’s website or can be 

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obtained from the Administrator by calling or writing it to request a copy. The Plan of Distribution 

was designed by Class Counsel with the assistance of consultants on asbestos claims facility 

design and operations, including Verus LLC. The Defendants are not responsible for the 

Settlement Fund’s distribution design, allocations, adjudications or payments and will have no 

role in the Settlement Fund’s distribution once the Settlement is approved.

The Settlement Fund’s claims facility and allocation and distribution processes will be 

managed by a Settlement Trustee appointed by the Court who will also be appointed to serve as a 

Special Master with adjudicatory powers regarding the fund’s awards and payments as is 

necessary to carry out the Plan. The Court has been asked to appoint the Honorable Marina 

Corodemus, J.S.C (Retired) to fill this position. She is a former New Jersey Superior Court judge 

who presided over New Jersey’s Mass Tort Program. A biography of Judge Corodemus is 

available on the Settlement’s website. Currently Judge Corodemus is serving as the Court’s 

Interim Settlement Trustee. In this capacity, she is setting up and conducting the interim claim 

administration operations and performing the duties required to be performed under the parties 

Settlement Agreement and the Court’s Preliminary Approval Order during the time the Court is 

considering the pending request for final approval of the Settlement.

The Settlement Trustee will be assisted in its execution of the Plan of Distribution by a 

third-party claims administration company appointed by the Court. The Court has been asked to 

appoint Verus LLC of Princeton, New Jersey, as the Administrator. Verus LLC has served as a 

consultant to Class Counsel in designing the Plan of Distribution. The Settlement Fund’s 

administrator is authorized to receive, process and make provisional determinations of claims to 

the Fund (which are all subject to review, modification or approval by the Settlement Trustee), 

establish and maintain the Settlement Fund’s claims processes, books, records and internal 

controls, handle the Fund’s routine inquiries and communications, and make claim disbursements 

once claim distribution schedules are approved by the Court. Verus is currently serving as the 

Interim Administrator to perform certain administration operations and duties relating to the 

proposed Settlement that are required to be performed under the parties’ Settlement Agreement 

and the Court’s Preliminary Approval Order. 

The Settlement Trustee under the Plan and Settlement Agreement is authorized, subject to 

Court approval, to retain a lien resolution company (“Lien Administrator”). The Lien 

Administrator will, as a settlement benefit, assist each Settling Class Member claimant to 

determine the existence of Government Liens and the amounts needed to clear and resolve such 

liens. The terms of the Settlement Agreement require that a claimant to the Fund must clear these 

Government Liens. The Court has been asked to appoint Edgar C. Gentle, III, Esq. and his law 

firm, Gentle, Turner, Sexton & Harbison, LLC, to serve as Lien Administrator.

The Settlement Trustee, Administrator and Lien Administrator are each required to at all 

times administer the Plan and distribute the Settlement Fund according to its terms under the 

auspices of the Court. 

12. How much money will I receive in the Settlement?

The following sections summarize the Plan of Distribution, but you should read and refer 

to the Plan for details as that is the controlling document. A copy of the proposed plan is available 

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on the Settlement Fund’s website or a hard copy may be obtained from the Administrator on 

request by writing or calling. 

A. How will Settlement Fund payment award amounts be determined?

The Plan establishes three compensation programs to which Settlement Class Members 

meeting defined eligibility criteria may apply for compensation award payments (each program 

being referred to as a “Part”). The Settlement Fund’s Part A program provides Base Compensation 

Payments to Settlement Class Members who can establish that the claimant or claimant’s decedent 

during the Class Period filed an Underlying Lawsuit against Engelhard/BASF which credibly 

asserted in good faith an asbestos injury caused by alleged exposure to Emtal Talc (“Base 

Payments”). The Plan’s Part B program provides compensation payments to Settlement Class 

Members who satisfy Part A and also present sufficient evidence of an asbestos bodily injury 

sustained by them (or if applicable, their decedent). The Plan’s Part C program establishes an 

Extraordinary Injury Fund or “EIF” from which the Settlement Trustee may, in exceptional cases, 

make a discretionary supplemental compensation payment to mesothelioma injury claimants 

subject to eligibility guidelines and limitations as set forth in this Plan. 

There are criteria and rules in the Plan as to who can make a claim and how. You should 

read the Plan for the details on these compensation programs and Settlement Class Members’

rights under the Plan.

B. How Much Money will I receive under the Plan?

The Settlement’s Plan of Distribution has three parts for allocating the Settlement Fund 

which are described below. The amount of money a Settlement Class Member will receive 

depends upon which parts he or she qualifies for and the total number of claims that are approved 

under each part.

1. Payments under the Plan’s Part A program.

The Plan’s Part A program provides Base Payments from a $6.25 million sub-fund 

allocation of the Settlement Fund Amount to Settlement Class Members whose Underlying 

Lawsuits were dismissed and who are releasing all claims related to the Underlying Lawsuits, 

including the Williams Class Action Claims, against the Released Parties. Settlement Class 

Members who were Injured Persons (which includes the personal representatives of a deceased 

Injured Person) in the Underlying Lawsuits are referred to as “Primary Claimants”. Each Primary 

Claimant who timely submits a claim for Part A compensation and establishes that his or her 

subject Underlying Lawsuit presented a good faith credible claim for injuries allegedly caused by 

exposure to Emtal Talc will receive a payment of up to $500 from the Part A sub-fund. Generally 

speaking, claims on behalf of a deceased Injured Person must be filed by the deceased person’s 

estate representative (who is considered to be a “Primary Claimant” under the Plan). However, 

where the only claim to the Settlement Fund being applied for with respect to a deceased Injured 

Person are Part A compensation shares and no claims are made for compensation under Parts B or 

C, the claim may be submitted by the Injured Person’s surviving spouse if any, or if none, by an 

Injured Person’s surviving child with the written consent of all other surviving children, if any.

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Where there are one or more Settlement Class Members associated with a Primary 

Claimant as a Derivative Claimant, that is, the Settlement Class Member’s claim in the 

Underlying Lawsuit was based upon the Primary Claimant’s asbestos injury and not theirs, then 

the Primary Claimant (or in the limited circumstances where a Derivative Claimant is making only 

the Part A Claim) will also be eligible to receive one additional Part A payment of up to $500, for 

a total Part A award of up to $1,000. 

Part A Base Payments are subject to proration downward if more than 12,500 Part A Base 

payments are awarded, counting each Primary and Derivative Claimant Base Payment award 

separately. Any funds in the Part A sub-fund remaining after payment of all eligible Part A share 

claims will be reallocated by the Settlement Trustee first to Part C to pay allowed EIF claims, if 

any, or otherwise to Part B . (Such reallocation being referred to as a “spillover”). 

2. Payments under the Plan’s Part B program.

The Plan’s Part B program provides additional compensation to the Injured Persons in the 

Underlying Lawsuits (or their estates if deceased) out of an initial sub-fund allocation from the 

Settlement Fund of $59.75 million. The Part B sub-fund will be distributed in its entirety among 

the Part B Claimants adjudicated during the claims process to be eligible to share in Part B 

distributions. The amount of the Part B sub-fund may change during the course of the Settlement 

Fund’s administration based on the Settlement Trustee’s application of a spillover of unused 

allocations of the Part A or Part C programs’ sub-funds, accrued interest earned on the Settlement 

Fund’s assets, payment of Class Representative service awards, or the need to pay administration 

costs and expenses that cannot be paid or fully paid from the Settlement Cost Fund. The amount a 

Primary Claimant will receive depends upon the nature of the disease allegedly sustained from 

exposure to Emtal Talc and the number of other persons who make Part B claims and the nature of 

their diseases. 

Part B compensation claims may be submitted only by Primary Claimants, including the 

Injured Person in the Underlying Lawsuit or by the Injured Person’s estate if such person is 

deceased. Class Members who apply and meet the eligibility requirements for a Plan B program 

award will receive a proportionate share of the Part B sub-fund based upon a system of points 

awarded for the asbestos disease the Injured Person sustained and was diagnosed. 

Eligibility for Part B compensation requires a Primary Claimant establish (a) entitlement to 

Part A compensation; and (b) through credible, competent proof that the Injured Person sustained 

an asbestos-related injury falling into one of four defined categories of asbestos disease levels: (1) 

Non-malignant asbestos pulmonary disease (a “Part B Level 1 claim”); (2) Malignant Asbestos 

Disease Other Than Mesothelioma or Level 3 Claim Lung Cancer ( a “Part B Level 2 claim”); 

(3) either: (i) Primary Lung Cancer with evidence of underlying Bilateral Asbestos-Related 

Nonmalignant Disease; or (ii) Severe Asbestosis ( a “Part B Level 3 claim”); or (4) 

Mesothelioma (a “Part B Level 4 claim”). A Part B claim may be based on the highest degree of 

the Injured Person’s disease progression provable as of the time of the claim submission to the 

Plan. Claimants may establish proof of medical injury through a certification of a prior equivalent 

asbestos disease level adjudication by one of several designated Qualified Asbestos Trusts or 

through individual adjudication of satisfactory medical evidence provided by the Claimant to the 

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Administrator. Please review the Plan of Distribution for details as this Notice is only a summary 

of the Plan’s Distribution Procedures.

The Part B sub-fund will be allocated among and paid to those Part B Claimants 

adjudicated to be eligible according to the disease level sustained using an assigned number of 

“Qualifying Claim Points” based on whether they have a Part B Level 1, 2, 3 or 4 disease. Part B 

sub-fund compensation will be the claimant’s pro rata share of the Part B sub-fund calculated 

according to the formula X/Y x Z, where X represents the number of the individual eligible 

Claimant’s adjudicated Qualifying Claim Points; Y represents the aggregate of all eligible 

Claimants' adjudicated Qualifying Claim Points, and Z represents the Part B sub-fund dollar 

amount (including any spillovers from Part A or Part C sub-funds). The number of Qualifying 

Claim Points for each Part B claim level is set forth in the following Table 1. The number of 

Qualifying Claim Points assigned to each asbestos disease category in Table 1 is based upon a 

survey and analysis conducted by Verus LLC of compensation programs employed by eighteen 

relatively comparable bankruptcy asbestos trust claims facilities to allocate their asbestos claim 

trust funds among claimants suffering from different levels of asbestos disease.

Precise amounts of compensation for each Part B Claim Level cannot be determined 

presently because a number of key factors are not yet known, including the number and disease 

level distribution of Part B claims, whether there will be spillover from Parts A and C, and other 

variables in the Plan of Distribution. Table 1 below, however, provides a range of hypothetical

Part B payment estimates based on (a) receipt and approval by the Settlement Fund of 7,500, 

8,000 and 8,500 Part B claims; and (b) an asbestos disease distribution rate equal to the historical 

asbestos disease rates experienced by the Johns Manville Asbestos Trust (which rates are stated 

for each disease level in the table). 

[Balance of page intentionally blank] 

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Table 1

Hypothetical Part B Payment Share Estimates*

Part B Claim Levels

Qualifying 

Claim Points

(Assumed disease 

rate %)

Estimated Payments

(Estimated number of claims)

7,500 

approved 

claimants

8,000 

approved 

claimants

8,500 

approved 

claimants

Level 1 Claim

Non-Malignant Asbestos disease 

other than Severe Asbestosis.

(Bilateral Asbestos-Related 

Nonmalignant Disease Injuries 

other than Severe Asbestosis)

1

(86.3 %)

$1,283

(6,473)

$1,203

(6,904)

$1,132

(7,336)

Level 2 Claim 

Malignant Asbestos Disease Other 

Than Mesothelioma or Level 3 

Claim Lung Cancer. 

9

(2.1 %)

$11,546

(158)

$10,824

(168)

$10,188

(179)

Level 3 Claim

Either: (a) Primary lung cancer with 

evidence of underlying Bilateral 

Asbestos-Related Nonmalignant 

Disease; or (b) Severe Asbestosis.

20

(7.3 %)

$25,658

(548)

$24,054

(584)

$22,639

(621)

Level 4 Claim

Mesothelioma

86

(4.3 %)

$110,327

(323)

$103,432

(344)

$97,348

(366)

* Due to rounding, the numbers presented may not add up precisely to the totals indicated and payment estimates may not 

precisely reflect the absolute figures.

Caveats:

Table 1 is for illustration purposes only. The actual Part B payment amounts to 

Settlement Class Members will likely be different than any of the estimated 

hypothetical payments appearing in the table based upon the Settlement Fund’s 

actual claim experience.

The hypothetical payment share estimates shown on Table 1 do not reflect

deductions for any liens or fees charged by personal attorneys hired by class 

members described in Question 12(3)(C) (liens) and Question 23 (individually 

retained attorney’s fees) below. As described in those Questions, class members 

eligible for a settlement payment are responsible for paying from that settlement 

payment any liens or any fees charged by personal attorneys should they hire one.

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3. Payments under the Plan’s Part C Discretionary EIF program.

The Plan’s Part C EIF program allocates $6.5 million of the Settlement Fund for an 

Extraordinary Injury Fund under which the Settlement Trustee has discretionary authority to 

award bounded supplemental compensation payments to a Primary Claimant with mesothelioma 

who establishes to the Settlement Trustee’s satisfaction that the Primary Claimant sustained an 

extraordinary physical injury and/or economic loss allegedly as a result of exposure to Emtal Talc 

mined, milled, sold or distributed by Engelhard/BASF that is materially and substantially beyond 

that sustained by typical other Part B mesothelioma Primary Claimants. 

To qualify for an EIF award, a Primary Claimant, in addition to establishing Class 

Membership under Part A and Part B, must satisfy specific eligibility requirements that: (1) the 

subject Injured Person developed mesothelioma; (2) the Primary Claimant has not received 

appropriate and sufficient compensation for the subject mesothelioma injury; (3) the subject 

mesothelioma injury and resulting losses were allegedly a result of frequent, regular and 

proximate exposure to Emtal Talc; and (4) the Underlying Lawsuit’s plaintiff lawyer or firm 

received direct representations from an Engelhard/BASF attorney regarding the absence of 

asbestos in Emtal Talc. No Part C award made pursuant to the discretionary EIF program may 

exceed $175,000. The Part C EIF sub-fund may be increased by unallocated or unclaimed fund 

spillovers from the Part A fund. The Settlement Trustee is not required to make any EIF awards or 

to make awards sufficient to exhaust the EIF fund. The Settlement Trustee shall re-allocate the 

unused portion of the Part C sub-fund to the Part B sub-fund.

C. Are there any individual filing fees, case fees, administration charges or liens that 

could reduce my specific individual claim awards? 

• There is no filing fee or charge to submit a claim to the Settlement Fund for 

compensation.

• Any and all liens relating to a claimant’s settlement distribution are the sole 

responsibility of the claimant. The Plan of Distribution requires that certain liens 

imposed by a government entity, such as those relating to Social Security Medicare 

payments, be determined, resolved and, where existing, fully paid (or payment 

secured through deductions or withholdings from the claim proceeds by the 

Administrator) prior to the Administrator paying the claimant’s claim. The 

Settlement Trustee as part of its administration will retain a lien resolution 

company (Lien Administrator) who, as a settlement benefit, will assist each 

Settling Class Members claimant in determining the existence of a Government 

Lien and the amounts to clear and resolve the lien. Government Lien resolution 

services assigned to the Lien Administrator under the Settlement shall be at the 

expense of the Settlement administration.

• The Lien Administrator may also assist claimants as to other medical or other 

benefit lien resolution with the claimant to pay the reasonable cost of such 

additional services out of his monetary award. Payment of such lien amounts, are 

the claimant’s sole responsibility, will not be paid by the Settlement Fund, and may 

reduce the amount of the claimant’s monetary award.

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• Any attorneys’ fees due to claimant’s or claimant’s decedent’s attorneys in the 

Underlying Lawsuits with respect to monetary award distributions from the 

settlement are the sole responsibility of the claimant. While liens against a 

claimant’s monetary award may also include a claim for attorneys’ fees by the 

lawyers or law firms that had represented the claimant or the claimant’s decedent in 

the Underlying Lawsuit, the determination and resolution of this lien is the 

individual Settlement Class Member claimant’s sole responsibility. This will not be 

the responsibility of the Lien Administrator to negotiate or resolve and will not be 

paid or satisfied by the Settlement Fund.

13. What am I surrendering by staying in the Settlement Class?

Unless you exclude yourself (opt out) from the Settlement (see Question 19), you cannot 

sue BASF, Cahill, any of the other named Defendants in the Williams Action, or any party that is a 

Released Party as defined in the Settlement Agreement, which includes related individuals and 

entities to BASF, Cahill and the other named defendants, or be part of any other lawsuit against 

these persons and companies, about the issues and factual matters alleged in this case. This means 

you give up your right to continue to litigate any claims related to this Settlement, or file new 

claims, in any court or in any proceeding at any time. If you stay in the Class and presently have a 

non-malignant asbestos-related injury (such as asbestosis or pleural disease), you cannot in the 

future sue any of these released persons and companies for compensation or damages should you 

later develop a malignant asbestos-related injury such as cancer or mesothelioma, even if the law 

of your jurisdiction permits such claims. 

The Settlement does not release or end any claims a Settlement Class Member may have 

now or in the future against Johnson and Johnson or any other talc company relating to talc or 

asbestos personal injuries. They are not parties to this Settlement nor are they Released Parties as 

that term is defined in the Settlement Agreement and claims against them are expressly not 

released by this Settlement.

Section 12 of the Settlement Agreement contains the complete text and details of what 

Settlement Class Members give up unless they exclude themselves (opt out) from the Settlement, 

including who and what are included as Released Parties, so please read it carefully. The 

Settlement Agreement is available at www.emtaltalcsettlement.com. The Settlement Agreement is 

also on file with the Clerk of the Court for the District of New Jersey (see Question 28 for the 

address). You can also get this information by calling 1-8XX-000-0000. If you have any 

questions you can talk to the law firms listed in the chart at the end of this Notice for free or you 

can talk to your own lawyer if you have questions about what this means.

HOW TO GET A PAYMENT—SUBMITTING A CLAIM FORM

14. What must be done to get a monetary payment from the Settlement Fund?

To be eligible to receive a payment from the Settlement Fund, you must complete and 

submit a valid and timely Claim Submission to commence a claim. If you do not submit a valid 

Claim Submission Form by the deadline of ______, you will not receive a payment. All proofs

and forms must be submitted by this deadline.

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15. How can I submit a claim to get a monetary payment? 

You can complete and submit your Claim Submission Form online at the Settlement 

Website, www.EmtalTalcSettlement.com. The Claim Submission Forms along with related 

certification and authorization forms, can be downloaded from the Settlement Website and 

submitted via mail, as well. You can request the Claim Submission certification form and 

authorization forms be sent to you by sending a written request to the Administrator by mail or by 

email or calling the Administrator to request these forms. A registered personal lawyer authorized 

by you to represent you and your family may complete and file the claim. There are, however, 

required verification forms and possible authorization forms that will be required to be signed by 

hand or electronically on the Settlement Website claims portal. 

Please read the claim instructions carefully, and fully fill out the Claim Form. If you are 

submitting the Claim Submission Form in paper format, please mail it postmarked no later than 

11:59 P.M. ________, 2020 to: Emtal Talc Settlement c/o Verus LLC, Administrator, 3967 

Princeton Pike, Princeton, NJ 08540. If you are submitting your Claim Submission Form online at 

the Settlement Website’s claim portal, ____, you must complete and submit the electronic claims 

by 11:59 P.M. (Eastern Standard Time), _________ 2020. 

All claimants must provide a copy of a pleading, an interrogatory answer, or a deposition 

testimony excerpt describing the Injured Person’s alleged exposure to Emtal Talc unless no 

supporting document exists or can be found after Claimant has conducted a reasonable search and 

inquiry, in which case a certification under oath of diligent search must be provided instead. 

Claimants wanting to receive compensation under the Plan’s Part B and/or Part C programs will 

also be required to submit documents or other acceptable forms of proof described in the Plan to 

establish (1) the existence and level of an eligible asbestos disease and, (2) the Injured Person’s 

Underlying Lawsuit (or that brought by an Injured Person’s estate where applicable) must have 

asserted a good faith, credible asbestos injury claim based on an injury believed to be caused by 

exposure to Emtal Talc. Please follow all the instructions on the claim form relating to that claim. 

You may be asked for additional documentation and certifications. Claims are subject to audits 

and you may be asked to provide additional documentation and certifications related to the audit. 

16. Is there a time limit to file claims for monetary awards or to complete Claim 

Submissions?

Yes. The Court has set a deadline date to file a claim of ___________ 2020. If you do not 

submit a valid Claim Submission (which includes a completed claim form and necessary 

supporting documents) by both this date and one of the times listed below, you will not receive a 

payment:

(1) If submitted by mail, express mail or hand delivery, the Claims Submission 

must actually be received by the Administrator in its offices by no later than 5 

P.M., prevailing Eastern time in effect; or

(2) If submitted electronically submitted through the Settlement Fund's website or 

other electronic portal established by the Administrator, the Claims Submission 

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must actually be received by the Administrator's system by no later than 11:59 

P.M., prevailing Eastern time in effect.

17. When would I get my payment if eligible?

The Administrator intends to complete its adjudication of claims before the Court grants 

“final approval” of the Settlement. Payment, however, will not be made until after the Court 

grants “final approval” of the Settlement and after any appeals are resolved. All Claims must be 

adjudicated and any disputes or challenges regarding a claim determination resolved in accordance 

with the dispute and contest procedures in the Plan of Distribution. Required lien resolutions must 

also be completed before an individual claimant’s funds can be distributed. This may take a 

substantial amount of time to accomplish. Additionally, if the Court approves the Settlement after 

a hearing on _________, there may be appeals. This will delay payment awards. It is always 

uncertain whether these appeals can be resolved and resolving them can take time. Everyone who 

submits a Claim Submission Form will be kept informed of the progress of the Settlement through 

the Settlement website or other means as appropriate. Please be patient. 

18. Can I challenge or dispute the Administrator’s determination of my monetary 

award claim?

Yes. The Settlement’s Plan of Distribution procedures establishes a process for a 

Settlement Class Member to challenge or dispute the denial of a monetary award claim or the 

amount of the monetary award to the Settlement Trustee who will adjudicate the dispute.

19. How do I get out, or exclude myself (opt out) of the Settlement?

If you don’t want a payment from the Settlement, but you want to keep the right to sue or 

continue to sue BASF, Cahill or any of the other defendants in the Williams Action on your own 

about the legal and factual issues and claims in this case, then you must take steps to get out. This 

is called excluding yourself—or is sometimes referred to as opting out of the Settlement Class. 

On or before ____, 2020, you must mail a letter or other written document to the Administrator 

(Verus LLC) requesting exclusion from the Settlement Class. Your request must include:

• Your name, address, telephone number, Social Security or Tax Identifier Number and 

date of birth; 

• A copy of your driver’s license, other government issued identification and if 

applicable to a deceased or incompetent person, documentation establishing authority 

to act such estate letters or power of attorney; 

• A statement that “I wish to exclude myself from the Settlement Class in Williams v 

BASF Catalysts LLC, C.A. No. 2:11-cv-01754” (or substantially similar clear and 

unambiguous language); and 

• Your signature by hand, and the date on which you signed it (even if represented by an 

attorney at law). 

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You must mail your exclusion (opt out) request, postmarked on or before ________, addressed to: 

Emtal Talc Settlement 

c/o Verus LLC 

3967 Princeton Pike 

Princeton, NJ 08540

A husband and wife or entire family of heirs where applicable, can opt-out on one form provided 

all sign the form and provide the information and documents set out above. 

Your request to exclude yourself (opt out) is not effective unless and until the District Court 

grants Final Approval and the order approving the Settlement becomes Final. 

You can’t exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get 

any settlement payment, and you cannot object to the Settlement. You will not be legally bound 

by anything that happens in this lawsuit. You may be able to sue (or continue to sue) BASF, 

Cahill and the other defendants named in the Williams Action in the future. 

20. If I do not exclude myself (opt out), can I sue BASF, Cahill and the other released

Parties for the same thing later?

No. Unless you exclude yourself, you give up any right to sue BASF, Cahill or any other 

Released Person as defined in the Settlement Agreement for the claims that this Settlement 

resolves. If you have a pending asbestos lawsuit, speak to your lawyer in that lawsuit immediately. 

You must exclude yourself from this Settlement Class to pursue or continue your own lawsuit 

against BASF, Cahill, the other Defendants in the Williams Action or any other Released Person 

concerning the labeling, marketing, composition, or advertising of Emtal Talc or the defense or 

resolution of asbestos injury claims relating to Emtal Talc. If you properly exclude yourself from 

the Settlement Class, you shall not be bound by any orders or judgments entered in the Williams

Action relating to the Settlement. Remember, the exclusion (opt-out) deadline is _____, 2020. 

21. If I exclude myself, can I still get a payment?

No. You will not get any money from the Settlement if you exclude yourself. If you 

exclude yourself from the Settlement, do not complete on-line or send in a Claim Submission 

Form asking for benefits. You may, however, sue, continue to sue, or be part of a different lawsuit 

against BASF, Cahill or the other Released Parties in the Settlement. 

THE LAWYERS REPRESENTING YOU

22. Do I have a lawyer in this case?

Yes. “Class Counsel” are listed below, represent all of the common interests of the Class 

Members. They are the lawyers who filed and prosecuted the lawsuit and negotiated the 

Settlement. You will not be charged any fee for the services provided by these lawyers. See 

Question 23 below.

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Christopher M. Placitella

Michael Coren

Jared M. Placitella

Eric S. Pasternack

Cohen Placitella & Roth, P.C.

127 Maple Ave

Red Bank, NJ 07701

cplacitella@cprlaw.com

mcoren@cprlaw.com

jmplacitella@cprlaw.com

epasternack@cprlaw.com.

Stewart L. Cohen

Harry M. Roth

Robert L. Pratter

Cohen Placitella & Roth, P.C.

2001 Market Street

Philadelphia, PA 19103

scohen@cprlaw.com

hroth@cprlaw.com

rpratter@cprlaw.com.

To be clear, however, Class Counsel listed above, are not responsible for and will not 

represent you in your individual claim to the Settlement Fund for monetary payments. 

You are not obligated to hire your own lawyer. However, if you want to be represented by 

your own lawyer, you may hire one at your own expense. See Question 23 below. 

23. How will the lawyers be paid?

There are three groups of lawyers who may seek compensation. 

The first is Class Counsel. Class counsel will ask the Court for an award of attorneys’ fees 

and reasonable costs. BASF and Cahill have agreed not to oppose or object to the request for 

attorneys’ fees and reasonable incurred costs if the requests does not exceed $22.5 million for 

attorneys’ fees and $1.2 million for cost reimbursement. These fees and incurred costs will be paid 

separately by the BASF and Cahill and not from the $72.5 million Settlement Fund. Settlement 

Class Members will have an opportunity to comment on and/or object to this request at an 

appropriate time. Ultimately, the award of attorneys’ fees and reasonable costs to be paid by 

BASF and Cahill is subject to the approval of the Court. BASF and Cahill will also separately pay 

the reasonable and necessary costs of administering the Settlement, including notice costs up to a 

limit of $3.5 million. Class Counsel’s fee, if approved, is 22.5% of the total amount paid by the 

Defendants to the Settlement Fund, Cost Fund and Attorneys’ Fee Fund, all of which benefit the 

Class. 

The second group (“Second Group”) of lawyers are those who may be retained by you to 

represent you individually in this class action or submit your claim to the Claims Administrator. 

YOU DO NOT NEED TO HIRE A LAWYER. However, if you decide to do so, that lawyer will 

likely seek compensation for his or her services. 

The third group of lawyers (“Third Group”) are those who may claim an entitlement to a 

fee based upon agreements entered with Class Members or their decedents in the Underlying 

Lawsuits. 

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The fees, if any, for the Second and Third Group of lawyers are separate and district from 

the fees that will be paid to Class Counsel. The Second and Third Group of lawyers are also 

referred to as Non-Class Counsel. Typically, these fees are paid on a percentage of the recovery 

basis. 

A fee paid to the Second or Third Group of lawyers referenced above would be the sole 

responsibility of the Class Member. By way of example only, should an attorney charge a class 

member a 33.3% contingency fee, and the class member is eligible for a Part A payment of $500 

and a Level 2 Part B Claim payment of $10,824 as provided in Table 1 above (this example 

assumes there are 8,000 approved claims) for a total amount of $11,324, the net recovery to the 

class member after payment of personal attorneys’ fees would be $7,550 ($11,324 – $3,774). The 

net recovery for the Class member in this example would vary depending on the fee percentage 

the attorney would charge and whether the Class Member is obligated to pay any liens (See 

Question 12 (3)(C). This example is for illustrative purposes only; the Court has not made any 

determination regarding fees charged by non-Class Counsel. And, as noted below, the Court will 

decide any fee to be awarded to the Second and Third Group of lawyers. 

In recent years, courts in class action cases have considered the extent to which fees may 

be charged by non-Class Counsel. The Court in this case has retained jurisdiction to consider and 

will make a determination about the fees and the amounts which may be charged to Class 

Members by non-Class Counsel, individual counsel and former counsel.

24. Are the class representatives being paid any compensation for their services?

Class Counsel will ask the Court to award each of the six named Plaintiffs $50,000 each 

for or their class representative service in view of their efforts in bringing the Williams Action and 

helping the lawyers on behalf of the whole Class over the eight years of hard-fought litigation 

leading to the Settlement. The awards will be paid from the Settlement Fund as provided in the 

Plan of Distribution. The award of class representative service awards is subject to the approval of 

the Court. Settlement Class Members will have an opportunity to comment on and/or object to this 

request at an appropriate time.

OBJECTING TO THE SETTLEMENT 

If you’re a Class Member, you can object to the Settlement if you don’t like any part of it. 

You can give reasons why you think the Court should not approve it. The Court will consider your 

views. To object, you must send a letter saying that you object to Williams v. BASF Catalysts 

LLC. Be sure to include your name, address, telephone number, your signature, and the reasons 

you object to the Settlement. Mail the objection to the addresses listed below. Objections must be 

postmarked no later than ____ ___, 2020:

Office of the Clerk 

U.S. District Court, District of New Jersey

MLK Building & U.S. Courthouse

50 Walnut Street, Room 4015

Newark, NJ 07102

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Michael Coren, Esq. 

Cohen, Placitella & Roth, P.C. 

2001 Market Street, Suite 2900 

Philadelphia, PA 19103 

Peter Farrell, Esq. 

Kirkland & Ellis LLP 

1301 Pennsylvania Ave. N.W. 

Washington, DC 20004 

Nina Gussack, Esq. 

Troutman Pepper Hamilton 

Sanders LLP

3000 Two Logan Square 

18th and Arch Streets 

Philadelphia, PA 19103 

25. What’s the difference been objecting to the Settlement and excluding yourself

from the Settlement?

Objecting is simply telling the Court that you don’t like something about the Settlement. 

You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t 

want to be part of the Class. If you exclude yourself, you have no basis to object because the case 

no longer affects you. 

THE COURT’S FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the Settlement. You may 

attend and you may ask to speak, but you don’t have to. 

26. When and where will the Court decide whether to approve the Settlement?

The Court will hold a Fairness Hearing at ____ A.M. on _____, ____ ___, 2020, at the 

United States District Court for the District of New Jersey, 50 Walnut Street, Newark, N.J., in 

Courtroom MLK 2D. At this hearing the Court will consider whether the settlement is fair, 

reasonable, and adequate. If there are objections, the Court will consider them. Magistrate Judge 

Dickson will listen to people who have asked to speak at the hearing. The Court may also decide 

how much to pay Class Counsel and determine the Class Representatives application for Service 

Fee awards. After the hearing, the Court will decide whether to approve the settlement. We do not 

know how long these decisions will take. 

27. Do I need to come to the hearing?

No. Class Counsel will answer questions Judge Dickson may have. But you are welcome 

to come at your own expense. If you send an objection, you don’t have to come to Court to talk 

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about it. As long as you mailed your written objection on time, the Court will consider it. You 

may also pay your own lawyer to attend, but it’s not necessary. 

28. May I speak at the hearing?

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you 

must send a letter saying that it is your “Notice of Intention to Appear in Williams v. BASF 

Catalysts LLC.” Be sure to include your name, address, telephone number, and your signature. 

Your Notice of Intention to Appear must be postmarked no later than Month __, 2020, and be 

sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the addresses listed below. 

You cannot speak at the hearing if you excluded yourself. 

Office of the Clerk 

U.S. District Court, District of New Jersey 

MLK Building & U.S. Courthouse 

50 Walnut Street, Room 4015 

Newark, NJ 07102 

Michael Coren, Esq. 

Cohen, Placitella & Roth, P.C. 

2001 Market Street, Suite 2900 

Philadelphia, PA 19103 

Peter Farrell, Esq. 

Kirkland & Ellis LLP 

1301 Pennsylvania Ave. N.W. 

Washington, DC 20004 

Nina Gussack, Esq. 

Troutman Pepper Hamilton Sanders LLP

3000 Two Logan Square 

18th and Arch Streets 

Philadelphia, PA 19103 

IF YOU DO NOTHING

If you do nothing and do not file a claim, you will be deemed a Settlement Class Member, 

but you’ll get no money from this Settlement. If you are a Settlement Class Member and do not 

exclude yourself, then you won’t be able to start a lawsuit against the Defendants (BASF and 

Cahill) for asbestos injuries ever again. 

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GETTING MORE INFORMATION

29. Are there more details about this Settlement?

This Notice summarizes the proposed Settlement. More details are in the Settlement 

Agreement. You can get a copy of the Settlement Agreement by writing to Michael Coren, Esq., 

Cohen, Placitella & Roth, P.C., Philadelphia, PA 19103, or by visiting 

www.EmtalTalcSettlement.com. 

30. How do I get more information?

You can call 1-1-888-401-1929 toll free; write to Emtal Talc Settlement, c/o Verus LLC, 

3967 Princeton Pike, Princeton, NJ 08540; or visit the website at www.EmtalTalcSettlement.com. 

where you will find answers to common questions about the settlement, a claim form, plus other 

information to help you determine whether you are a Class Member and whether you are eligible 

for a payment. 

IMPORTANT DATES & CONTACT INFORMATION

EXCLUSION (OPT OUT 

DEADLINE)

TBD

OBJECTION DEADLINE TBD

DEADLINE TO REQUEST TO 

SPEAK AT THE FAIRNESS 

HEARING

TBD

START OF THE CLAIMS PERIOD TBD

DEADLINE TO SUBMIT A CLAIM TBD

CLAIMS ADMINISTRATOR Emtal Talc Settlement

c/o Verus LLC

3967 Princeton Pike

Princeton, NJ 08540

COURT Clerk of the District Court

U.S. District Court for the District of New Jersey

MLK Building & U.S. Courthouse

50 Walnut Street

Newark, NJ 07102

CLASS COUNSEL Christopher M. Placitella

Michael Coren

Jared M. Placitella

Eric S. Pasternack

Cohen Placitella & Roth, 

P.C.

127 Maple Ave

Red Bank, NJ 07701

Harry M. Roth

Robert L. Pratter

Cohen Placitella & Roth, 

P.C.

2001 Market Street

Suite 2900

Philadelphia, PA 19103

QUESTIONS? CALL 1-888-401-1929 TOLL FREE, OR 

VISIT EMTALTALCSETTLEMENT.COM

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