1. Why should I read the Notice?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Am I part of the Settlement?
6. What does the Settlement provide?
7. What can I get from the Settlement?
8. How can I get my cash payment?
9. When will I receive my cash payment?
10. What am I giving up to receive these Settlement benefits?
11. Do I have lawyers in this lawsuit?
12. How will the lawyers be paid?
13. How do I exclude myself from the Settlement?
14. If I exclude myself, can I get anything from this Settlement?
15. How do I tell the Court if I like or do not like the Settlement?
16. What is the difference between objecting and asking to be excluded?
17. When and where will the Court decide whether to approve the Settlement?
18. Do I have to attend the Final Approval Hearing?
19. May I speak at the Final Approval Hearing?
20. What happens if I do nothing at all?
21. Are there more details about the Settlement?
A Court has preliminarily established, or “certified,” this lawsuit as a class action for purposes of settlement.
The Notice explains the class action lawsuit, the proposed Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get the benefits. If you are a Settlement Class Member, you have legal rights and options before the Court decides whether to give final approval to the proposed Settlement. The Notice explains all of these things. For the precise terms and conditions of the proposed Settlement, please review the Settlement Agreement.
The Court in charge of this lawsuit is the United States District Court for the Eastern District of Kentucky. The lawsuit is known as Webb, et al. v. CSX Transportation, Inc., Case No. 6:23-cv-00211-REW.
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The lawsuit asserts claims on behalf of a proposed class against CSXT to recover for alleged personal harm and property damage as a result of the November 22, 2023 Derailment of a train operated by CSXT traveling near the town of Livingston in Rockcastle County, Kentucky (the “Derailment”). CSXT denies these allegations, denies any wrongdoing in connection with the Derailment, and is settling this lawsuit to avoid further litigation. The Court has not decided who is right.
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In a class action lawsuit, one or more persons or entities sue on behalf of other persons who have similar claims. The people together are a “Settlement Class” or “Settlement Class Members.” In this lawsuit, the people who sued are called the “Class Representatives.” The entity the Class Representatives are suing, CSX Transportation, Inc. or CSXT, is called the “Defendant.” One court resolves the issues for everyone in the Settlement Class, except for those people who choose to exclude themselves (opt out) from the Settlement Class.
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The Court has not decided in favor of the Class Representatives or CSXT. Instead, both sides agreed to a settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and all Settlement Class Members as defined in the Notice and in the Settlement Agreement who file valid and timely claims on behalf of their Household will receive a cash payment. The Class Representatives and Class Counsel believe the Settlement is best for the Settlement Class and represents a fair, reasonable, and adequate resolution of the lawsuit.
CSXT denies the claims in the lawsuit; denies all allegations of wrongdoing, fault, liability, or damage to the Class Representatives and the Settlement Class; and denies that it acted improperly or wrongfully in any way. CSXT nevertheless recognizes the expense and time that would be required to defend the lawsuit through trial and has taken this into account in agreeing to this Settlement.
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You are a Settlement Class Member if you resided or owned residential real property on November 22, 2023, within a three-mile radius centered on the CSXT train derailment site in Rockcastle County, Kentucky. A Settlement Class Member who asks to be excluded from the Settlement, as described in Question 13 below, is no longer a Settlement Class Member.
Excluded from the Settlement Class are (i) CSXT; (ii) Class Counsel; (iii) the Judge presiding over the Action; (iv) current employees of CSXT; and (v) all persons who properly execute and file a timely opt-out request to be excluded from the Settlement Class.
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The $1,500,000.00 Settlement Amount will provide cash payments to all Settlement Class Members. Notice and administration costs, attorneys’ fees and expenses, and an award to the Class Representatives will also be paid out of the Settlement Amount, if approved by the Court.
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Cash Payment: If you are a Settlement Class Member, you are eligible to receive a cash payment. Each residential Household and property owner shall be eligible for a payment of up to $4,000.00, subject to an offset for monies previously received from CSXT following the Derailment.
If residual monies remain in the Settlement Fund after all valid claims have been paid, each valid claim may be increased on a pro rata basis to a maximum of $6,000.00 per Household claim provided, however, that no Household shall under this Settlement Agreement receive more than a maximum of $6,000.00 per Household claim, other than as provided for the Settlement Class Representatives. If residual monies remain in the Settlement Fund after the pro rata increase, the Parties will agree upon an appropriate cy pres recipient to present to the Court for approval.
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In order to receive payment, each Settlement Class Member must provide appropriate proof of residency and/or real property ownership in the Class Area. Appropriate proof includes: a copy of a utility bill, driver’s license, lease, real property tax assessment invoice, voter registration, or similar official documentation. All documentation must containthe name of the Claimant and address of the property must be visible.
To provide proof of residency, Settlement Class Members must submit a Claim Form. You may submit a claim online here or download a paper Claim here, and submit it by U.S. mail to the Settlement Administrator. Claims must be submitted online or postmarked by no later than October 19, 2026.
After you submit your claim and if you wish to update your cash payment to be sent to a different address or to change the format of payment (i.e. PayPal, Venmo, Zelle, pre-paid E-Mastercard or paper check), you may submit your updated address and/or preferred form of payment online here. Requests to update your address and/or payment method must be made by February 23, 2027.
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The Court will hold a hearing on December 9, 2026, at 10:00 a.m. (which is subject to change), to decide whether to finally approve the proposed Settlement. Even if the Court finally approves the proposed Settlement, there may be appeals. The appeal process can take time, perhaps more than a year. You will not receive a cash payment until any appeals are resolved. Please be patient.
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Unless you exclude yourself (opt out) from the Settlement Class by timely submitting a request for exclusion from the Settlement Class, you will remain in the Settlement Class, and that means you cannot sue, continue to sue or be part of any other lawsuit against CSXT about all claims that were brought or could have been brought in the Action, including without limitation all claims for medical monitoring whether as a cause of action or as a form or relief, all claims for bodily or personal injury, all claims for property damage or diminution in property value, all claims for emotional distress or inconvenience, and all claims for wrongful death or survivorship. This is known as a release. The Release is defined and detailed in the Settlement Agreement. It also means that all of the Court’s orders in this lawsuit regarding the Settlement will apply to you and legally bind you.
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The Court has appointed attorneys from the law firm Morgan & Morgan to represent you and the other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action lawsuits. You will not be charged for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense.
You may contact Class Counsel if you have any questions about this Notice or the Settlement. Please do not contact the Court.
Jean S. Martin | Joshua M. Autry, Esq |
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Class Counsel will ask the Court for an award of attorneys’ fees from the $1,500,000.00 Settlement Fund, and in addition to fees, will seek reimbursement of litigation expenses incurred through the Effective Date. Any award of attorneys’ fees and costs will be paid from the Settlement Amount. Class Counsel will also ask the Court for an award of no more than $15,000.00 each for the three Class Representatives. The purpose of the Class Representative Award is to compensate the Class Representatives for their time, efforts, and risks taken on behalf of the Settlement Class. Any Class Representative Award payment to the Class Representatives will be paid from the Settlement Amount. The Court may award less than these amounts. Class Counsel’s Motion for attorneys’ fees and expenses will be available on this website once it has been filed.
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If you do not want a cash payment and want to keep the right to sue or continue to sue CSXT on your own about the legal issues in this lawsuit, then you must take steps to exclude yourself from the Settlement (get out of the Settlement). This is called “excluding yourself”—or is sometimes referred to as “opting out” of the Settlement class.
To exclude yourself from the Settlement, you must send a written “request for exclusion” that includes the following:
A statement requesting exclusion from the Settlement Class;
A personal signature from you, the Settlement Class Member;
Your name, address, telephone number, email address, and the caption of the lawsuit.
Your request for exclusion must be mailed via U.S. Mail, postmarked by October 5, 2026, to:
CSXT Livingston Derailment Settlement
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA, 92799-9958
Only individual requests for exclusion are allowed. You may not submit a request to exclude other Settlement Class Members from the Settlement Class; however, if one member of the Household opts out of the Class Settlement, that opt-out is effective as to all family members residing at that property but shall not affect the claims of non-familial individuals residing at the property.
If you do not follow these procedures and deadlines, you will remain a Settlement Class Member and lose any opportunity to exclude yourself from the Settlement. This means that your rights will be determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.
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No. If you exclude yourself, you cannot receive a cash payment. However, you may sue, continue to sue, or be part of a different lawsuit against CSXT related to the Derailment.
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You can tell the Court that you do not agree with the Settlement or some part of it.
If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. You cannot ask the Court for a different settlement; the Court can only approve or reject the Settlement. If the Court does not approve the Settlement, no cash payments will be sent out, and the lawsuit will continue.
To object, you must file a written objection with the Court, which includes the following information:
A statement confirming that you are a Settlement Class Member;
Your name, address, email address, and telephone number;
A personal signature from you, the Settlement Class Member;
A statement that identifies the substance of all objections, provides whether each objection applies only to the objector, to a subset of the Settlement Class, or to the entire Settlement Class, and provides the specific reasons for all objections, including any legal arguments and evidentiary support (including copies of any documents relied upon); and
A statement whether the objector intends to appear and seek to be heard at the Final Approval Hearing, with or without counsel.
You must file your objection with the Clerk of Court such that it is postmarked by October 5, 2026, (or through the Court’s electronic case filing system by October 5, 2026,if you are represented by a lawyer). Your objection (including all documents you rely upon) also must be sent concurrently by mail, hand or overnight delivery service to the Claims Administrator at the address below:
CSXT Livingston Derailment Settlement
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA, 92799-9958
If you file a timely objection, it will be considered by the Court at the Final Approval Hearing. You do not need to attend the Final Approval Hearing for the Court to consider your objection.
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Objecting is telling the Court that you do not like something about the Settlement and do not want the Court to approve the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because you are no longer part of the lawsuit.
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The Court will hold a Final Approval Hearing at 10:00 a.m. on December 9, 2026, at the United States District Court for the Eastern District of Kentucky, 310 S Main Street, London, Kentucky 40741 in Courtroom TBD.
At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses. If there are objections, the Court will consider them. You do not need to attend this hearing. You also do not need to attend to have an objection considered by the Court. After the hearing, the Court will decide whether to approve the Settlement and award the amount requested by Class Counsel for attorneys’ fees and expenses and for the Class Representative Award. We do not know how long these decisions will take.
Note: The date and time of the Final Approval Hearing are subject to change by Court order. Any change will be posted on this website. You should check this website to confirm that the date and/or time have not changed.
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No. Class Counsel will answer all questions the Judge may have. However, you are welcome to attend the hearing at your own expense. If you submit an objection, you do not have to attend the hearing to talk about your objection. As long as you postmarked your written objection by the deadline (or filed it through the Court’s electronic case filing system by the deadline), the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.
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If you wish to appear at the Final Approval Hearing and orally present your objection to the Court, your written objection must include your statement of intent to appear at the Final Approval Hearing. The Court will decide whether you will be heard orally.
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If you do nothing, you will not receive any benefits from this Settlement and you will be bound by the terms of the Settlement Agreement and Release if it is approved and becomes final. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against CSXT or the Released Parties about the issues related to the Derailment resolved by this Settlement and released by the Settlement Agreement, including any claims for bodily or personal injury.
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This website and the Notice summarize the proposed Settlement. More details are in the Settlement Agreement. The full Settlement Agreement and other related documents are available on the Important Documents page. You may also contact Class Counsel.
Please do not telephone the Court or the Court’s Clerk office to inquire about this Settlement.
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