Ryan Lawn and Tree Lawsuit: Herbicide Claims and DuPont MDL

The Ryan Lawn and Tree lawsuits arose in 2012, when Kansas and Missouri property owners sued the company after it applied DuPont’s Imprelis herbicide to their yards and their trees began dying. Those claims were pulled into a federal multidistrict case against DuPont and resolved as part of a settlement of roughly $380 million paid to about 25,000 claimants nationwide, with property owners who accepted the settlement releasing their claims against applicators like Ryan Lawn.

Why Homeowners Sued Ryan Lawn & Tree

Imprelis was a professional turf herbicide DuPont launched in 2010 for use against broadleaf weeds. Beginning in June 2011, landscapers and homeowners began reporting that Norway spruce, white pine, balsam fir, and other conifers near treated lawns were dying. By August 2011, DuPont had submitted more than 7,000 adverse incident reports to the EPA, and the agency issued a Stop Sale, Use, or Removal Order pulling the product from the market and classifying it as misbranded.1U.S. EPA. E.I. Du Pont De Nemours and Company Imprelis Order2Reuters. EPA Halts Sale of DuPont’s Imprelis Herbicide

Ryan Lawn & Tree was one of the professional applicators that had used Imprelis on customer properties before the recall. In August 2011, the company’s president sent a letter to affected homeowners acknowledging the damage and criticizing DuPont’s slow response.3FOX 4 Kansas City. Metro Lawn Service Involved in DuPont Lawsuit

In May 2012, Mission Hills, Kansas, resident Bill Fromm sued Ryan Lawn & Tree as the sole defendant, alleging the company’s application of Imprelis had destroyed more than 75 trees and shrubs on his property, including nearly two dozen mature trees at least 15 feet tall. He sought at least $50,000 in damages.3FOX 4 Kansas City. Metro Lawn Service Involved in DuPont Lawsuit The company’s attorney declined to comment.4News Tribune. Lowdown Lawn Care Companies

A separate case, Brendan Buckley, et al. v. Ryan Lawn & Tree, Inc., was filed in the Western District of Missouri. The Buckley plaintiffs alleged Ryan Lawn had applied Imprelis to their property and injured or destroyed several of their trees. They brought their claims under a Missouri statute and did not name DuPont. They argued that Ryan Lawn had already admitted Imprelis caused the damage, so causation should not be in dispute.5U.S. Judicial Panel on Multidistrict Litigation. MDL-2284 Tag-Along Transfer Order

How the Cases Moved to the DuPont MDL

Hundreds of Imprelis lawsuits had been consolidated by late 2011 into In re: Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation, MDL No. 2284, before Judge Gene E.K. Pratter in the Eastern District of Pennsylvania.

The Buckley plaintiffs fought to keep their case in Missouri, arguing it was a state-law claim that didn’t involve DuPont. Ryan Lawn wanted the case transferred. In December 2012, the Judicial Panel on Multidistrict Litigation sided with the company and moved the case into the MDL, finding it shared factual questions with the broader litigation. The panel noted a significant detail: DuPont was “assuming the defense of Ryan Lawn.”5U.S. Judicial Panel on Multidistrict Litigation. MDL-2284 Tag-Along Transfer Order In practice, the manufacturer was defending the applicator as part of managing its own product-liability exposure.

How the Settlement Resolved Claims Against Ryan Lawn

In October 2013, Judge Pratter granted final approval of the class action settlement between DuPont and the affected parties. There was no cap on total claims. By approval, DuPont had already paid about $377.7 million to roughly 24,500 claimants, and the final tab reached approximately $380 million, plus $6.5 million in attorneys’ fees and $500,000 in costs.6Bloomberg Law. Court Approves Settlement in Class Action Against DuPont Over Herbicide Tree Damage7Courthouse News Service. Herbicide Tab for DuPont at $380M and Growing

The settlement covered three groups: property owners with damaged trees, professional applicators such as Ryan Lawn, and golf courses and self-applicators.8Top Class Actions. Imprelis Tree Damage Class Action Settlement What mattered most for Ryan Lawn was the release. Property owners who participated agreed to give up their Imprelis-related claims against both DuPont and lawn care operators.9Lieff Cabraser Heimann & Bernstein. Imprelis Settlement Memorandum The court’s final judgment in February 2014 permanently barred class members from pursuing released claims against any “Releasee,” a category that explicitly included professional applicators.10GovInfo. In Re Imprelis Herbicide MDL Final Judgment Once the settlement took effect, participating homeowners could no longer sue Ryan Lawn over Imprelis damage.

The settlement did not make applicators whole. Lawn care companies participating in the settlement could not recover lost profits from business interruption or damages from third-party lawsuits brought against them.7Courthouse News Service. Herbicide Tab for DuPont at $380M and Growing

The 2018 Employment Case

A separate case, unrelated to Imprelis, was filed against Ryan Lawn & Tree in February 2018 in the District of Kansas. The plaintiff, Nelson Burrell II, brought claims under the Uniformed Services Employment and Reemployment Rights Act, a federal law protecting the civilian employment rights of military service members. Burrell voluntarily dismissed the case with prejudice in July 2018, meaning the claims were resolved and could not be refiled. The public record does not describe the terms.11CourtListener. Burrell, II v. Ryan Lawn & Tree, Inc.

About the Company

Ryan Lawn & Tree was founded in 1987 by Larry Ryan and is headquartered in Overland Park, Kansas. It provides lawn care, tree and plant care, pest control, landscaping, and irrigation services across Kansas City, Springfield, St. Louis, Wichita, Tulsa, and Omaha.12Great Game of Business. Ryan Lawn and Tree Case Study The company began transitioning to employee ownership through an ESOP in 1998 and became 100% employee-owned in 2019.13Lawn & Landscape. Buying In As of 2020, it reported revenue of around $47 million and employed roughly 350 people.