By Desiree J. Hanford, Of DOW JONES NEWSWIRES
ST. LOUIS (Dow Jones)--Solutia Inc.'s solid lineup of products and businesses isn't
being reflected in the specialty-chemical company's stock price, Chairman and Chief
Executive John Hunter said Tuesday.
announced March 20. Solutia
previous 52-week low set on
Monday. The shares' 52-week high
of $9 was set last April.
Solutia's stock bounced back
Tuesday. Shares were recently
trading at $1.69, up 14 cents, or
9%, on volume of 367,500. Average
daily trading volume is 388, 500.
Solutia is facing several polychlorinated biphenyl, or PCB, lawsuits. Abernathy vs.
Monsanto involves 3,500 Anniston, Ala., residents who are suing Pharmacia Corp. ,
Solutia and the Monsanto that existed before it merged with Pharmacia. The residents
claim that PCBs were dumped into a creek and open- pit landfills. The residents claim
those actions made them ill and lowered their property values.
The "old" Monsanto spun off Solutia in September 1997. That Monsanto, which traded
under the ticker symbol MTC, merged with the former Pharmacia & Upjohn Inc. in March
2000 to form the current Pharmacia. Pharmacia eventually spun off the current
Monsanto Co. that focuses on agriculture and biotechnology.
Monsanto made PCBs at the Anniston plant between 1935 and 1971. The Anniston
plant was part of the spin-off of Solutia from Monsanto.
The Abernathy lawsuit went to trial in January 2002, and the jury found in favor of 17
plaintiffs that February. Damages weren't determined at the time. Abernathy is the
name of one of the plaintiffs in the lawsuit.
A jury has returned cleanup, lost value of property and mental-anguish damages
totaling $736,335 for five plaintiffs who own six properties. The jury now is considering
damages for four more plaintiffs, and it's expected back in the courtroom on Friday.
Solutia views the cleanup damages as "inappropriate" and "not supported by Alabama
law," Hunter said. The company already has agreed to clean the properties under a
consent decree, which is awaiting approval from a federal judge in Alabama, and so
awarding cleanup costs is unnecessary, Hunter said.
Solutia continues to view the consent decree as the fastest and most efficient way to
remediate the properties, Hunter said. The company has spent more than $ 53 million
to clean up Anniston properties.
Solutia "strongly contends" that the mental-anguish damage awards are inappropriate
as well, Hunter said. The facts in the case don't support there being any intent by
Monsanto or Solutia to harm residents, he said. Also, Solutia has been kept from
cleaning the properties by the plaintiffs' attorney and that's inconsistent with mental
anguish, Hunter said.
The company doesn't think the cleanup costs and mental-anguish awards will be
upheld by the Alabama Supreme Court once the company is allowed to appeal to that
court, Hunter said. Also, Solutia think it's inappropriate to award cleanup damages that
are in excess of a property's value, he said.
Solutia is confident it has access to enough liquidity to post an appeal bond if
necessary, Hunter added.
The jury in the Abernathy case is being presented with claims for the first 17 plaintiffs,
who were handpicked by counsel for the plaintiffs, Jeffry Quinn, Solutia's legal counsel,
said during the conference call. That means those are supposedly the "best cases" of
the Abernathy lawsuit, and the damage awards were "significantly less" than what the
plaintiffs requested, he said.
Of the 922 properties owned by about 908 Abernathy plaintiffs, two-thirds have PCB
levels of less than 1 part per million, which the Environmental Protection Agency views
as clean soil, Quinn said.
Solutia has requested that plaintiffs who don't have detectable levels of PCBs in their
bodies be removed from the Abernathy case, Quinn said.
In discussing the status of Tolbert vs. Monsanto, another Anniston PCB lawsuit, Quinn
said the case is scheduled to start Oct. 14 and that the judge has indicated he wants to
complete the trial this year. There are about 17,000 plaintiffs in the lawsuit, who claim
they were exposed to PCBs and they suffer from physical injuries and emotional
distress. Pharmacia, Solutia and the "old" Monsanto are the defendants in the case.
The case hasn't been given class-action certification.
About 20% of the Tolbert plaintiffs have been tested for PCBs in their bodies and half
of them have no detectable levels, Quinn said. That should help narrow the scope of
plaintiffs in the case, he said. Four plaintiffs - two chosen by attorneys for the plaintiffs and two by the defense - will
represent Tolbert plaintiffs that have cancer, Quinn said. The plaintiffs will be required
to prove that PCB exposure caused their diseases, he said. Solutia continues to think
that medical evidence doesn't support that claim, Quinn said.Wenn die Krebsfälle vom Gericht der PCB-Verunreinigung zugeordnet werden, dann ist die Firma wohl pleite oder?
During a question-and-answer session, Quinn said any punitive damages in the
Abernathy case will be submitted to the jury at a later time.
In response to a question about whether Solutia would be delisted from the New York
Stock Exchange (News - Websites) if its stock falls below $1 a share, Quinn said a dip
below that amount for a period of time doesn't result in a delisting as other criteria are
also considered.
It's unclear whether Solutia will be able to introduce the consent decree, if it gets
approval, to the Abernathy jury, Chief Executive Hunter said.