CSXT Livingston Derailment Settlement: Who Qualifies for a Payment

The notice uses the date of the derailment and a three-mile radius around the CSXT derailment site in Rockcastle County to define the covered area. It does not provide a map or street-by-street list in this notice.

• You may be in the Settlement Class if, on November 22, 2023, you either lived within the three-mile area around the derailment site or owned residential real property there.
• The notice excludes CSXT, Class Counsel, the judge in the case, current CSXT employees, and people who timely opt out. A person who opts out is no longer a Settlement Class Member.

The notice does not say that you must submit receipts, medical records, repair bills, or other documents showing a particular dollar loss. It requires documents supporting residency or residential-property ownership.

• Give proof that you lived in the Class Area or owned residential real property there. The notice gives these examples: a utility bill, driver's license, lease, real-property tax assessment invoice, voter registration, or another official document showing your name and address.
• Provide your eligibility information by October 19, 2026.
• The notice directs people to the settlement website or phone number for this process, but does not give the complete submission procedure in the notice itself.

The notice does not clearly explain how payment works for a person who both lived in and owned the same home, or for multiple people connected to one household. It uses both “Household and property owner” and “per Household claim,” without setting out the allocation rule.

• The stated payment is up to $4,000 for each residential Household and property owner.
• The payment is subject to an offset for money previously received from CSXT following the derailment.
• If money remains after valid claims are paid, valid claims may be increased proportionally, but the stated limit is $6,000 per Household claim. Any remaining money after that may go to a court-approved cy pres recipient.

Because these items are paid from the settlement amount, the $1.5 million is not stated as an amount reserved only for class payments.

• The settlement amount is $1.5 million.
• Notice and administration costs, approved attorneys' fees and expenses, and any approved awards to the Class Representatives are paid from that amount.
• The notice says Class Counsel may seek attorneys' fees and expenses, and up to $15,000 for each of the three Class Representatives. The Court may award less.

This payment-preference deadline is different from the October 19, 2026 deadline for providing eligibility proof.

• A paper check is the standard payment method described by the notice.
• To have payment sent to another address, or to request Venmo or a prepaid Mastercard instead, submit the address update or payment preference through the settlement website by February 23, 2027.

A scheduled hearing is not final approval, and final approval alone does not mean payments will immediately be sent.

• The Court is scheduled to consider final approval on December 9, 2026, at 10:00 a.m., but the hearing date and time may change.
• No payment will be sent unless the Court approves the settlement and any appeals are resolved.
• The notice warns that appeals may take more than a year. It does not give a firm payment date.

The full legal release is in the Settlement Agreement, not fully reproduced in the notice.

• If you remain in the Settlement Class and the settlement becomes final, you give up the right to sue CSXT or participate in another lawsuit over claims that were brought or could have been brought in this case.
• The release includes claims for medical monitoring, bodily or personal injury, property damage or loss in property value, emotional distress or inconvenience, and wrongful death or survivorship.
• If you do nothing, you receive no settlement benefit but can still be bound by the settlement and release if it becomes final.

Only individual opt-out requests are allowed. However, an opt-out by one household member applies to all family members living at that property; it does not affect non-family members living there.

• Mail a written request for exclusion by U.S. Mail, postmarked no later than October 5, 2026.
• Include a statement asking to be excluded, your personal signature, your name, address, telephone number, email address, and the case caption.
• Mail it to CSXT Livingston Derailment Settlement, c/o Claims Administrator, P.O. Box 25226, Santa Ana, CA 92799.
• If you opt out, you cannot receive a settlement payment, but you keep the ability to sue, continue suing, or participate in a different lawsuit against CSXT related to the derailment.

An objection asks the Court not to approve some or all of the settlement. It does not remove you from the Settlement Class. If the settlement is approved, an objector remains bound and may still receive a payment after completing the eligibility process.

• You may object only if you stay in the Settlement Class.
• File a written objection with the Court by October 5, 2026. If represented by a lawyer, the lawyer may file it through the Court's electronic filing system by that date.
• At the same time, send the objection and supporting documents to the Claims Administrator by mail, hand delivery, or overnight delivery.
• Your objection must identify you, confirm that you are a Settlement Class Member, explain your objections and supporting reasons or documents, be personally signed, and say whether you intend to appear at the final-approval hearing.

The notice says the hearing schedule may be changed by court order.

• The hearing is scheduled for December 9, 2026, at 10:00 a.m., in Courtroom A at the United States District Court for the Eastern District of Kentucky, 310 S Main Street, London, Kentucky 40741.
• You do not have to attend. A timely written objection will still be considered.
• To ask to speak about an objection at the hearing, include a statement of intent to appear in your written objection. The Court decides whether to hear you orally.