Simsmetal Port Liberté Environmental Nuisance Class Action Settlement
Owners and tenants of eligible Port Liberté condominiums in Jersey City with open-air access facing Claremont Terminal between April 26, 2018 and January 23, 2026.
Who’s Eligible
You may be eligible for the Simsmetal settlement if you:
- Owned or leased a condominium unit at one of these Port Liberté addresses in Jersey City, New Jersey: 1 Independence Way, 205 Shearwater Court West, 206 Shearwater Court West, 207 Shearwater Court West, 208 Shearwater Court West, 100 Shearwater Court East, 101 Shearwater Court East, 102 Shearwater Court East, 15 Freedom Way, or 4 Constellation Place
- Your unit has windows, doors, balconies, or other open-air access directly facing business operations at Claremont Terminal
- You owned or leased the unit at any point between April 26, 2018 and January 23, 2026
Eligible States
Quick Eligibility Check
Claim Deadline
What You Need to Do to Get Paid
To get paid from the Simsmetal settlement:
Claim Online
- Visit the settlement website to file your claim online.
- Complete the form with your contact information, Claim ID (found in your notice), and your Port Liberté unit address.
- Provide details about your ownership or tenancy, including dates and whether you owned or leased the unit.
- Attach supporting documents such as a property deed, purchase agreement, lease, or utility bill as proof.
- Submit your completed claim form no later than May 26, 2026.
Claim by Mail
- Download the claim form from the settlement website or request one by calling 877-206-2311.
- Fill out all sections completely, including your contact information, Claim ID, unit address, and ownership or tenancy details.
- Attach copies of supporting documents proving ownership or residency.
- Sign the form. If co-owners or co-lessees are involved, each person must sign or file a separate form.
- Mail the completed form to JND Legal Administration so it is postmarked no later than May 26, 2026.
Claimants must provide proof of ownership (property title/deed, purchase agreement, or property tax bill) or proof of tenancy/residence (lease or utility bill). Payment amounts depend on documentation of ownership/lease duration and residency period.
Settlement Payout
Simsmetal settlement payments are variable and depend on each claimant’s specific circumstances. Your payment is calculated using a share-based formula: you earn points based on whether you owned or leased your unit, whether you lived in the unit, and whether you owned or resided there for at least three years during the class period. Primary Class buildings (1 Independence Way, Shearwater Court West, and Shearwater Court East) can receive up to 4 shares per unit, while Secondary Class buildings (15 Freedom Way and 4 Constellation Place) can receive up to 1 share per unit. The total number of claimants also affects each individual payment. Payments will be issued by check after the court grants final approval of the settlement and any appeals are resolved.
- Attorneys’ Fees: $491,617.50 (33.33% of Settlement Fund)
- Out-of-Pocket Litigation Costs: $52,884.92
Settlement Documents
Background of the Lawsuit
Residents and owners of certain condominium units at the Port Liberté development in Jersey City, New Jersey filed a lawsuit against Simsmetal East LLC, Sims Group USA Holdings Corporation, and Sims Municipal Recycling of New York, LLC. The plaintiffs allege that the defendants operated two industrial businesses at the nearby Claremont Terminal that produced noise, odors, light, air pollution from dust and particulate matter, fires, and explosions. Those conditions, the lawsuit claims, caused property values to decline and interfered with residents’ use and enjoyment of their homes.
The legal claims include public and private nuisance, trespass, negligence, and strict liability based on allegedly abnormally dangerous activities. The class period covers April 26, 2018 through January 23, 2026. The case is known as Lionel Medina, et al. v. Simsmetal East, LLC, et al., Docket No. HUD-L-1589-24, pending before Judge Joseph Turula in the Superior Court of New Jersey, Hudson County.
Simsmetal and the other defendants deny all of the allegations. No court ruling was issued in favor of either side. The parties reached the $1,475,000 settlement through arms-length negotiations, and the defendants are also undertaking remedial measures at Claremont Terminal as part of the agreement.
Frequently Asked Questions
Who is eligible for the Simsmetal Port Liberté settlement?
How much will I receive from the Simsmetal Port Liberté settlement?
What is the deadline to file a claim in the Simsmetal Port Liberté settlement?
How do I file a claim for the Simsmetal settlement?
What is the Simsmetal Port Liberté settlement about?
Do Primary Class and Secondary Class buildings receive different payments?
When will Simsmetal settlement checks be mailed?
Can I opt out of the Simsmetal Port Liberté settlement?
Settlement Administrator
Port Liberté Settlement
c/o JND Legal Administration
PO Box 91232
Seattle, WA 98111
Case Details
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Disclaimer
The information on this website is free to access and provided for general educational and informational purposes only. It is not legal advice. We summarise settlement information from official notices, court documents, settlement websites, administrators, and other primary sources where available.
Settlement details and deadlines may change. Always refer to the official settlement website or consult a licensed attorney for advice specific to your situation.
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