Notice of Proposed Class Action Settlement
Webb, et al. v. CSX Transportation, Inc., Case No. 6:23-cv-00211-REW
(United States District Court for the Eastern District of Kentucky)
If you were residing or owned residential real
property on November 22, 2023 within a three-mile
radius centered on the CSXT train derailment site
in Rockcastle County, Kentucky, you may be
entitled to a cash payment from a proposed class
action settlement.
A federal court authorized this Notice. This is not a solicitation from a lawyer. Your legal rights are
affected whether you act or do not act. Please read this Notice carefully.
• A $1,500,000 settlement has been reached in a class action lawsuit filed against CSX
Transportation, Inc. (“CSXT”). The lawsuit asserts claims on behalf of a proposed class against
CSXT to recover for alleged personal harm and property damage as a result of the November 22,
2023 derailment of a train operated by CSXT traveling near the town of Livingston in Rockcastle
County, Kentucky (the “Derailment”). CSXT denies these allegations, denies any wrongdoing in
connection with the Derailment, and is settling this lawsuit to avoid further litigation. The Court
has not decided who is right.
• If you were residing or owned residential real property on November 22, 2023 within a three-mile
radius centered on the CSXT train derailment site in Rockcastle County, Kentucky, you may be
eligible for a cash payment. Cash payments will be shares of the Net Settlement Fund of up to
$4,000 for each residential Household and property owner, subject to an offset for monies
previously received from CSXT following the Derailment.
• Definitions for terms used in this Notice can be found in this Notice and in the Settlement
Agreement available at www.LivingstonDerailmentSettlement.com.
• Your legal rights are affected whether or not you act. Please read this Notice carefully.
YOUR RIGHTS AND CHOICES DEADLINE
To participate, claimants are required to demonstrate
residency and/or real property ownership in the Class
Area by producing a copy of a utility bill, driver’s
Provide Your Eligibility
Prove license, lease, real property tax assessment invoice,
by:
Eligibility voter registration, or similar official documentation that
October 19, 2026
contains the name and address of the claimant. To do
so, visit www.LivingstonDerailmentSettlement.com or
call 1-833-421-7340.
Provide Provide Your Preferred
Your Form of Payment or
Submit a request that your cash payment be sent to a
Preferred Update Your Address by:
different address or by Venmo or pre-paid Mastercard
Form of February 23, 2027
at www.LivingstonDerailmentSettlement.com.
Payment or (forty-five (45) days
Update after the Effective Date)
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
Your
Address
Request Exclusion by:
Exclude Get no cash payment but keep any right you may have October 5, 2026 (ninety-
Yourself to file your own lawsuit against CSXT about the legal five (95) days after
(Opt Out) claims in this lawsuit. entry of the Preliminary
Approval)
File an Objection by:
Tell the Court why you do not like the proposed
Object to October 5, 2026 (ninety-
Settlement. If the Settlement is approved, you will still
the five (95) days after
be bound by the Settlement, and you may still receive a
Settlement entry of the Preliminary
cash payment if you file a claim.
Approval)
Attend the
You may ask the Court for permission for you or your The Final Approval
Final
attorney to speak about your objection at the Final Hearing is December 9,
Approval
Approval Hearing. 2026.
Hearing
• These rights and options—and the deadlines to exercise them—are explained in this Notice.
• The Court in charge of this lawsuit still has to decide whether to approve the Settlement. The
Settlement is referred to in this Notice as both “the Settlement” and “the “proposed Settlement”
for this reason.
• Cash payments will be sent to Settlement Class Members if the Court approves the Settlement and after
any appeals are resolved. Please be patient.
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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WHAT THIS NOTICE CONTAINS
BASIC INFORMATION .................................................................................................... PAGE 4
1. Why should I read this Notice?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
WHO IS IN THE SETTLEMENT ......................................................................................... PAGE 5
5. Am I part of the Settlement?
THE SETTLEMENT BENEFITS — WHAT YOU GET ........................................................... PAGE 5
6. What does the Settlement provide?
7. What can I get from the Settlement?
HOW TO GET BENEFITS FROM THE SETTLEMENT ........................................................ PAGE 5
8. How can I get my cash payment?
9. When will I receive my cash payment?
10. What am I giving up to receive these Settlement benefits?
THE LAWYERS REPRESENTING YOU ............................................................................. PAGE 6
11. Do I have lawyers in this lawsuit?
12. How will the lawyers be paid?
YOUR RIGHTS — EXCLUDING YOURSELF FROM THE SETTLEMENT ............................ PAGE 7
13. How do I exclude myself from the Settlement?
14. If I exclude myself, can I get anything from this Settlement?
YOUR RIGHTS — OBJECTING TO THE SETTLEMENT ...................................................... PAGE 8
15. How do I tell the Court that I do not like the Settlement?
16. What is the difference between objecting and asking to be excluded?
YOUR RIGHTS — APPEARING AT THE FINAL APPROVAL HEARING ............................. PAGE 9
17. When and where will the Court decide whether to approve the Settlement?
18. Do I have to attend the Final Approval Hearing?
19. May I speak at the Final Approval Hearing?
20. What happens if I do nothing at all?
GETTING MORE INFORMATION................................................................................... PAGE 10
21. Are there more details about the Settlement?
22. How do I get more information?
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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BASIC INFORMATION
1. Why should I read this Notice?
A Court has preliminarily established, or “certified,” this lawsuit as a class action for purposes of
settlement.
This Notice explains the class action lawsuit, the proposed Settlement, your legal rights, what benefits
are available, who is eligible for the benefits, and how to get the benefits. If you are a Settlement
Class Member, you have legal rights and options before the Court decides whether to give final
approval to the proposed Settlement. This Notice explains all of these things. For the precise terms
and conditions of the proposed Settlement, please review the Settlement Agreement, available at
www.LivingstonDerailmentSettlement.com.
The Court in charge of this lawsuit is the United States District Court for the Eastern District of
Kentucky. The lawsuit is known as Webb, et al. v. CSX Transportation, Inc., Case No. 6:23-cv 00211-
REW.
2. What is this lawsuit about?
The lawsuit asserts claims on behalf of a proposed class against CSXT to recover for alleged personal
harm and property damage as a result of the November 22, 2023 derailment of a train operated by
CSXT traveling near the town of Livingston in Rockcastle County, Kentucky (the “Derailment”).
CSXT denies these allegations, denies any wrongdoing in connection with the Derailment, and is
settling this lawsuit to avoid further litigation. The Court has not decided who is right.
3. What is a class action?
In a class action lawsuit, one or more persons or entities sue on behalf of other persons who have
similar claims. The people together are a “Settlement Class” or “Settlement Class Members.” In this
lawsuit, the people who sued are called the “Class Representatives.” The entity the Class
Representatives are suing, CSX Transportation Inc. or CSXT, is called the “Defendant.” One court
resolves the issues for everyone in the Settlement Class, except for those people who choose to
exclude themselves (opt out) from the Settlement Class.
4. Why is there a Settlement?
The Court has not decided in favor of the Class Representatives or CSXT. Instead, both sides agreed
to a Settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and all Settlement
Class Members as defined in this Notice and in the Settlement Agreement who file valid and timely
claims on behalf of their Household will receive a cash payment. The Class Representatives and Class
Counsel believe the Settlement is best for the Settlement Class and represents a fair, reasonable, and
adequate resolution of the lawsuit.
CSXT denies the claims in the lawsuit; denies all allegations of wrongdoing, fault, liability, or damage
to the Class Representatives and the Settlement Class; and denies that it acted improperly or
wrongfully in any way. CSXT nevertheless recognizes the expense and time that would be required
to defend the lawsuit through trial and has taken this into account in agreeing to this Settlement.
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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WHO IS IN THE SETTLEMENT?
To see if you are eligible for benefits, you first have to determine if you are a Settlement Class Member.
5. Am I part of the Settlement?
You are a Settlement Class Member if you resided or owned residential real property on November
22, 2023 within a three-mile radius centered on the CSXT train derailment site in Rockcastle County,
Kentucky. A Settlement Class Member who asks to be excluded from the Settlement, as described in
Number 13 below, is no longer a Settlement Class Member.
Excluded from the Settlement Class are (i) CSXT; (ii) Class Counsel; (iii) the Judge presiding over
the Action; (iv) current employees of CSXT; and (v) all persons who properly execute and file a
timely opt-out request to be excluded from the Settlement Class.
If you are unsure whether you are included, you can call or email the Claims Administrator at 1-833-
421-7340 or [email protected].
THE SETTLEMENT BENEFITS – WHAT YOU GET
6. What does the Settlement provide?
The $1,500,000.00 Settlement Amount will provide cash payments to all Settlement Class Members.
Notice and administration costs, attorneys’ fees and expenses, and an award to the Class
Representatives will also be paid out of the Settlement Amount, if approved by the Court.
7. What can I get from the Settlement?
Cash Payment: If you are a Settlement Class Member, you are eligible to receive a cash payment.
Each residential Household and property owner shall be eligible for a payment of up to $4,000, subject
to an offset for monies previously received from CSXT following the Derailment.
If residual monies remain in the Settlement Fund after all valid claims have been paid, each valid
claim may be increased on a pro rata basis to a maximum of $6,000 per Household claim provided,
however, that no Household shall under this Settlement Agreement receive more than a maximum of
$6,000 per Household claim, other than as provided for the Settlement Class Representatives. If
residual monies remain in the Settlement Fund after the pro rata increase, the Parties will agree upon
an appropriate cy pres recipient to present to the Court for approval.
HOW TO GET BENEFITS FROM THE SETTLEMENT
8. How can I get my cash payment?
In order to receive payment, each Settlement Class Member must submit appropriate proof of
residency and/or real property ownership in the Class Area by producing a copy of a utility bill,
driver’s license, lease, real property tax assessment invoice, voter registration, or similar official
documentation that contains the name and address of the claimant. To do so, visit
www.LivingstonDerailmentSettlement.com or call 1-833-421-7340.
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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If you wish to receive your cash payment at different address or in a format (either by Venmo or a
pre-paid Mastercard) other than paper check, you must submit your updated address and/or preferred
form of payment at www.LivingstonDerailmentSettlement.com by February 23, 2027.
9. When will I receive my cash payment?
The Court will hold a hearing on December 9, 2026, at 10:00 a.m. (which is subject to change), to
decide whether to finally approve the proposed Settlement. Even if the Court finally approves the
proposed Settlement, there may be appeals. The appeal process can take time, perhaps more than a
year. You will not receive a cash payment until any appeals are resolved. Please be patient.
10. What am I giving up to receive these Settlement benefits?
Unless you exclude yourself (opt out) from the Settlement Class by timely submitting a request for
exclusion from the Settlement Class, you will remain in the Settlement Class, and that means you
cannot sue, continue to sue or be part of any other lawsuit against CSXT about all claims that were
brought or could have been brought in the Action, including without limitation all claims for medical
monitoring whether as a cause of action or as a form or relief, all claims for bodily or personal injury,
all claims for property damage or diminution in property value, all claims for emotional distress or
inconvenience, and all claims for wrongful death or survivorship. This is known as a release. The
Release is defined and detailed in the Settlement Agreement, which is available at
www.LivingstonDerailmentSettlement.com. It also means that all of the Court’s orders in this lawsuit
regarding the Settlement will apply to you and legally bind you.
THE LAWYERS REPRESENTING YOU
11. Do I have lawyers in this lawsuit?
The Court has appointed attorneys from the law firm Morgan & Morgan to represent you and the
other Settlement Class Members. The lawyers are called Class Counsel. They are experienced in
handling similar class action lawsuits. You will not be charged for these lawyers’ services. If you
want to be represented by your own lawyer, you may hire one at your own expense.
You may contact Class Counsel if you have any questions about this Notice or the Settlement. Please
do not contact the Court.
Jean S. Martin
Joshua M. Autry, Esq
MORGAN & MORGAN
MORGAN & MORGAN, P.A.
COMPLEX LITIGATION GROUP
333 W. Vine Street, Suite 1200
201 North Franklin Street, 7th Floor
Lexington, KY 40507
Tampa, Florida 33602
Telephone: (859) 899-8785
Telephone: (850) 266-2893
[email protected]
[email protected]
12. How will the lawyers be paid?
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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Class Counsel will ask the Court for an award of attorneys’ fees from the $1,500,000 Settlement
Fund, and in addition to fees, will seek reimbursement of litigation expenses incurred through the
Effective Date. Any award of attorneys’ fees and costs will be paid from the Settlement Amount.
Class Counsel will also ask the Court for an award of no more than $15,000 each for the three Class
Representatives. The purpose of the Class Representative Award is to compensate the Class
Representatives for their time, efforts, and risks taken on behalf of the Settlement Class. Any Class
Representative Award payment to the Class Representatives will be paid from the Settlement
Amount. The Court may award less than these amounts. Class Counsel’s Motion for attorneys’ fees
and expenses will be available at www.LivingstonDerailmentSettlement.com once it has been filed.
YOUR RIGHTS – EXCLUDING YOURSELF FROM THE SETTLEMENT
If you do not want a cash payment and want to keep the right to sue or continue to sue CSXT on your
own about the legal issues in this lawsuit, then you must take steps to exclude yourself from the
Settlement (get out of the Settlement). This is called “excluding yourself”—or is sometimes referred
to as “opting out” of the settlement class.
13. How do I exclude myself from the Settlement?
To exclude yourself from the Settlement, you must send a written “request for exclusion” that
includes the following:
• A statement requesting exclusion from the Settlement Class;
• A personal signature from you, the Settlement Class Member; and
• Your name, address, telephone number, email address, and the caption of the lawsuit.
Your request for exclusion must be mailed via U.S. Mail, postmarked by October 5, 2026, to:
CSXT Livingston Derailment Settlement
c/o Claims Administrator
P.O. Box 25226
Santa Ana, CA, 92799
Only individual requests for exclusion are allowed. You may not submit a request to exclude other
Settlement Class Members from the Settlement Class; however, if one member of the Household opts
out of the Class Settlement, that opt-out is effective as to all family members residing at that property
but shall not affect the claims of non-familial individuals residing at the property.
If you do not follow these procedures and deadlines, you will remain a Settlement Class Member and
lose any opportunity to exclude yourself from the Settlement. This means that your rights will be
determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.
14. If I exclude myself, can I get anything from this Settlement?
No. If you exclude yourself, you cannot receive a cash payment. However, you may sue, continue to
sue, or be part of a different lawsuit against CSXT related to the Derailment.
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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YOUR RIGHTS – OBJECTING TO THE SETTLEMENT
You can tell the Court that you do not agree with the Settlement or some part of it.
15. How do I tell the Court that I do not like the Settlement?
If you are a Settlement Class Member, you can object to the Settlement if you do not like any part of
it. You can give reasons why you think the Court should not approve it. The Court will consider your
views. You cannot ask the Court for a different settlement; the Court can only approve or reject the
Settlement. If the Court does not approve the Settlement, no cash payments will be sent out, and the
lawsuit will continue.
To object, you must file a written objection with the Court, which includes the following information:
• A statement confirming that you are a Settlement Class Member;
• Your name, address, email address, and telephone number;
• A personal signature from you, the Settlement Class Member;
• A statement that identifies the substance of all objections, provides whether each objection
applies only to the objector, to a subset of the Settlement Class, or to the entire Settlement
Class, and provides the specific reasons for all objections, including any legal arguments and
evidentiary support (including copies of any documents relied upon); and
• A statement whether the objector intends to appear and seek to be heard at the Final Approval
Hearing, with or without counsel.
You must file your objection with the Clerk of Court such that it is postmarked by October 5, 2026
(or through the Court’s electronic case filing system by October 5, 2026 if you are represented by a
lawyer). Your objection (including all documents you rely upon) also must be sent concurrently by
mail, hand or overnight delivery service to the Claims Administrator at the address below:
Claims Administrator
CSXT Livingston Derailment
Settlement
P.O. Box 25226
Santa Ana, CA, 92799
If you file a timely objection, it will be considered by the Court at the Final Approval Hearing. You
do not need to attend the Final Approval Hearing for the Court to consider your objection.
16. What is the difference between objecting and asking to be excluded?
Objecting is telling the Court that you do not like something about the Settlement and do not want
the Court to approve the Settlement. You can object only if you stay in the Settlement Class.
Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you
exclude yourself, you have no basis to object because you are no longer part of the lawsuit.
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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YOUR RIGHTS – APPEARING AT THE FINAL APPROVAL HEARING
The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. You may
attend and you may ask to speak, but you do not have to.
17. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 10:00 a.m. on December 9, 2026, at the United
States District Court for the Eastern District of Kentucky, 310 S Main Street, London, Kentucky
40741 in Courtroom A.
At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness
of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and
expenses. If there are objections, the Court will consider them. You do not need to attend this hearing.
You also do not need to attend to have an objection considered by the Court. After the hearing, the
Court will decide whether to approve the Settlement and award the amount requested by Class
Counsel for attorneys’ fees and expenses and for the Class Representative Award. We do not know
how long these decisions will take.
Note: The date and time of the Final Approval Hearing are subject to change by Court order. Any
change will be posted at www.LivingstonDerailmentSettlement.com. You should check the website
to confirm that the date and/or time have not changed.
18. Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer all questions the Judge may have. However, you are welcome to attend
the hearing at your own expense. If you submit an objection, you do not have to attend the hearing to
talk about your objection. As long as you postmarked your written objection by the deadline (or filed
it through the Court’s electronic case filing system by the deadline), the Judge will consider it. You
may also pay your own lawyer to attend, but it is not necessary.
19. May I speak at the Final Approval Hearing?
If you wish to appear at the Final Approval Hearing and orally present your objection to the Court,
your written objection must include your statement of intent to appear at the Final Approval Hearing.
The Court will decide whether you will be heard orally.
YOUR RIGHTS
20. What happens if I do nothing at all?
If you do nothing, you will not receive any benefits from this Settlement and you will be bound by
the terms of the Settlement Agreement and Release if it is approved and becomes final. This means
you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against
CSXT or the Released Parties about the issues related to the Derailment resolved by this Settlement
and released by the Settlement Agreement, INCLUDING ANY CLAIMS FOR BODILY OR
PERSONAL INJURY.
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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GETTING MORE INFORMATION
21. Are there more details about the Settlement?
This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You
can get a copy of the Settlement Agreement at www.LivingstonDerailmentSettlement.com, or by
contacting Class Counsel (see contact information in Question 11).
22. How do I get more information?
You can call toll-free 1-833-421-7340, write to [email protected]; or go to
www.LivingstonDerailmentSettlement.com, where you will find answers to common questions about
the Settlement, motions for approval of the Settlement and Class Counsel’s request for attorneys’ fees
and expenses (once it is filed), and other important documents in the lawsuit.
You may also contact Class Counsel.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE TO
INQUIRE ABOUT THIS SETTLEMENT
Questions? Call 1-833-421-7340, or Visit www.LivingstonDerailmentSettlement.com
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