EXHIBIT J
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ATrORN:E.YS .AT L..A."VV
3405 Piedmont Road, Suite 200
Atlanta, Georgia 30305
Tel: 678.651.1200
Fax: 678.651.1201
C. Michael Evert, Jr. Other Offices:
Licemed in FL, GA and MS Athens. Georgia
Direct: 678.651.1250 BaLtimore, MaryLand
cmevert@ewhlaw.com
December 28, 2009
VIA E-MAIL AND U.S. MAIL
Simmons Law Firm
707 Berkshire Blvd.
P.O. Box 521
East Alton Illinois 62024
RE: Resolution and dismissal of
between I
t;:;:::: and Bondex
International Inc., RPM, Inc., and RPM International, Inc.
Dear'"
This letter will memorialize our recent agreement (the "Agreement")
with respect to the resolution and dismissal of asbestos-related claims brought
by cl.ients of the Simmons Law Firm ("Plaintiffs") against my clients Bondex
International, Inc. and RPM, Inc. (collectively, "Bondex") and RPM International
.....
Inc. (aU collectively, the "parties"). The settlements involved are individual in
nature and are determined the specific facts of each case .
The additional terms of this Agreement will be as follows:
Cases Covered by this Agreement
John A. Barnerd, Esq.
December 28,2009
Page 2 of 5
ii i i
Payment Criteria
It is agreed that Plaintiffs' counsel will provide the following qualifying
documents for each and every case that will receive settlement funds:
1. Plaintiff's full name and Soc;ial Security number;
2. For mesothelioma cases, pathological confirmation of a diagnosis
of mesothelioma. For lung cancer or "other cancer,,1 cases,
Plaintiff must provide a diagnosis of the designated cancer and an
expert report linking, at least in part, Plaintiff's lung cancer or
"other cancer" to asbestos exposure;
3. An afffdavit or deposition testimony illustrating that Plaintiff was
exposed to an asbestos-containing product for which Bondex was
responsible. The parties agree that exposure to asbestos-
containing products identified by Bondex in its interrogatories
I To be defined as laryngeal, pharyngeal, stomach, and colorectal cancers.
John A. Barnerd, Esq.
December 28, 2009
Page 3 of 5
provided October 31, 1999 to The Simmons Firm will qualify for
payment;
4. For each and every claim receiving settlement funds under this
Agreement, The Simmons Firm represents that it is not aware of
any facts or information that may controvert or diminish the
credibility of the identification of the Bondex-related product or
the medical diagnosis; and
5. A full and final release of all claims and liens, fully executed by
all necessary parties, in a form to be agreed.
6. A dismissal with prejudice of Bondex as to the claim for which
payment is sought (to be hetd in trust until such time as payments
are distributed for the dismissed claim).
Payment Terms
Other Terms
John A. Barnerd, Esq.
December 28, 2009
Page 4 of 5
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Individual releases, orders of dismissal, and any
other papers necessary to effectuate the Agreement, including dismissals with
prejudice of cross-claims and indemnification claims asserted by other
defendants which are grounded in tort, are all conditions precedent to
payment by Bondex of any individual claim resolved pursuant to this
Agreement.
A claimant wilt not qualify for payment if the claimant alleges exposure
occurring after 1977 to an asbestos containing product for which Bondex is
alleged to be legally responsible. Further, Bondex will not pay on any claim
barred by the statute of limitations, for any claimant for whom Bondex aLready
has a Release or for whose claim Bondex has been dismissed with prejudice,
nor for any claimant whose sole exposure to Bondex products associated with
asbestos occurred while the claimant was an empLoyee of Bondex. Bondex will
not pay any cLaim where it has not been properly and timely served.
If any dispute arises as to the sufficiency of the qualifying documents
expressed herein, the parties agree to submit the issue to binding arbitration.
The parties wfll work together to select one arbitrator and shall submit written
materiaLs for said arbitrator to review. The parties express a desire to avoid
having a formal arbitration hearing unLess the arbitrator feeLs it is necessary
and that the matter cannot be determined by the written materials submitted.
In the event any party to this Agreement feels it becomes necessary to change
arbitrators, each party has the right to make a change after every five
arbitrations.
December 28, 2009
Page 5 of 5
As part of the consideration for entering into this agreement, both the
clients of The Simmons Firm and their agents, assigns, wards, executors,
successors, administrators and the attorneys of The Simmons Firm and its
employees and agents shall maintain in strict confidence any and all offers and
settlement amounts disclosed in this Agreement. The Simmons Firm and its
cl.ients, as identified herein, shall refrain from making, causing to be made, or
participating in the making of any public announcements, press releases or
interviews concerning the amount and terms of the settlement.
The terms, conditions and provisions of the Agreement shall be deemed
to be severable. Should any clause or provision herein contained be found to
be invalid or unenforceable, such invalidity or unenforceability shall not affect
the validity of any other clause or provision herein, and the other clauses and
provisions shall remain in full force and effect.
Of course, the parties agree that this Agreement results from protected
settlement negotiations, is the compromise of disputed claims, and is not to be
construed as an admission of liability but rather a denial of liabitity and a
desire to avoid further litigation.
Please let me know if I have misunderstood our agreement. If not, for
my records, please execute one of the originals of this letter in the space
below and return it to me in the enclosed self-addressed stamped envelope.
C. Michael Evert, Jr.
CME:smc
Enclosure
ACKNOWLEDGED AND APPROVED:
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