DOVER, Del. – The Delaware Supreme Court is deliberating a case brought by the family of a child affected by Mountaire Farms’ wastewater treatment plant failure, alleging legal malpractice against the attorneys who represented the class in a 2021 settlement. The case was heard by a three-justice panel on March 26, 2025, with a decision pending. The panel may rule on the case or send it to all five justices for further review.
In 2021, Mountaire settled a class-action lawsuit regarding the contamination of groundwater in Millsboro, Delaware, related to the failure of its poultry plant’s wastewater treatment system. The settlement totaled $205 million, with $65 million allocated to class members.
The family of L.H., a child with health problems allegedly caused by nitrate contamination during the mother’s pregnancy, claims that the attorneys representing the class failed to adequately advise them to opt out of the settlement, preventing them from pursuing a separate legal claim.
The family initially received a $2,500 settlement, which they attempted to increase. After being denied, they filed a lawsuit against the attorneys, alleging negligence and malpractice. Delaware Superior Court Judge Frances Jones dismissed the case, but the family appealed the decision to the state’s highest court. During oral arguments, Crumplar, representing the family, argued that the attorneys’ failure to properly advise the family amounted to negligence. Attorneys for the defense argued that ruling in favor of the family could harm the integrity of class-action settlements.
