Below is a letter Lennar issued to homeowners in response to the issues raised by Erin Brockovich.  This is a very interesting letter that is apparently very well researched.

Dear Lennar Homeowner:

On Tuesday May 6, Erin Brockovich is scheduled to make her third appearance in Charleston as part of a public relations campaign that has alarmed residents of Wescott Plantation into thinking their families and their new homes have been poisoned by hazardous chemicals.

As you know, the U.S. Environmental Protection Agency conducted extensive testing of 19 Wescott homes. In October, the EPA issued a final report that concluded there was no risk to homeowners posed by methane and no release of other hazardous substances in the community. The full report is online at:  http://www.epaosc.net/doc_list.asp?site_id=3271

Nevertheless, the scientific evidence produced by the EPA has not stopped Ms. Brockovich from pursuing her agenda. On Tuesday, she is expected to unveil "findings" regarding the existence of dangerous levels of benzene and other hazardous chemicals. She is expected to continue to promote interest in a potential class-action lawsuit seeking millions of dollars in damages. Click on: http://www.wcbd.com/midatlantic/cbd/news.apx.-content-articles-CBD-2008-05-01-0031.html

In our view, Ms. Brockovich is attempting to generate sensational media interest. This should not be confused with the real facts. 

A case in point is Ms. Brockovich's activities regarding Beverly Hills High School in California. Parents and students were scared by allegations that oil wells on campus were spewing "alarming" levels of benzene and that hundreds of school staffers and alumni had become sick with cancer. Ms. Brockovich refused to show her test results to the school district or city officials. Instead, she held a meeting at the Beverly Hills Hotel that was attended by 600 people who were asked to fill out questionnaires to document their illnesses. The results of her "investigation" were aired by the local CBS affiliate in an exclusive report titled "Toxic School?" The report began: "If your child goes to Beverly Hills High School, you should pay specific attention to this story, because there is growing evidence that going to school, sitting in classrooms, and especially exercising on the play fields could have your child breathing toxic fumes." Shortly thereafter, Ms. Brockovich's lawyers filed a lawsuit on behalf of more than a thousand plaintiffs.

Despite all of the publicity, the case was dismissed by the court. In his ruling, Los Angeles Superior Court Judge Wendell Mortimer Jr. wrote: "None of plaintiffs' experts can name any authoritative textbooks, peer-reviewed articles, regulatory organizations or scientific bodies that say that benzene causes any of the diseases involved in this case." Judge Mortimer concluded that the exposure levels to benzene endured by Ms. Brockovich's clients were "trivial." For a copy of the ruling, click on:
http://www.cjac.org/publications/news/files/Brockovich%20Opinion-121906.pdf

In October of last year-only one week after Ms. Brockovich held her last press conference in Charleston-Judge Mortimer ordered the lawyers working with Ms. Brockovich to reimburse taxpayers $450,000 for the cost of defending a similar lawsuit. See news release at:
http://www.beverlyhills.org/presence/connect/CoBH/Homepage/Local+Government/News+Room/News+Releases/LG-CM-Press_Release_Oil_Well_Litigation?QUERY=wendell+mortimer 

Now Ms. Brockovich is teaming up with some of the same lawyers to generate lawsuits here at Wescott. However, the facts are that the EPA in its final report has concluded that there is no risk posed by methane or other hazardous substances to homeowners in the Wescott community. As the company has told Ms. Brockovich and her associates in the past, Lennar remains eager to assess the results of any testing her experts may have conducted. To date, she has refused to share them with the company. If any credible information exists regarding health concerns in Wescott, Lennar is prepared to respond promptly.

In the meantime, to assist in evaluating Ms. Brockovich's credibility, I believe it is important that you are aware of some additional public information:

     In the Beverly Hills High case, Ms. Brockovich and her benzene test results were scrutinized by a reporter working for a small Beverly Hills weekly newspaper. Subsequently, Time magazine (under the headline "Erin Brockovich's Junk Science"), the Columbia Journalism Review and the Wall Street Journal editorial page all published scathing attacks of Ms. Brockovich's methods. Click on these three stories:
http://www.time.com/time/columnist/jaroff/article/0,9565,464386,00.html

http://cjrarchives.org/issues/2004/2/umansky-muck.asp   http://www.opinionjournal.com/taste/?id=110004836

     In the health industry, Ms. Brockovich filed 33 lawsuits against health care providers. All 33 lawsuits were dismissed by judges in federal and state courts. One federal judge wrote, "To state a claim . . . (Brockovich) must provide more than speculative allegations..." Click on these links for more information:
      http://www.signonsandiego.com/uniontrib/20061116/news_1b16medicare.html

http://www.abanet.org/health/esource/Volume3/08/landsberg-mccallum.html

     Ms. Brockovich was criticized by a California judicial referee for her sworn testimony in a civil lawsuit. "Ms. Brockovich's testimony was hardly credible," wrote Jeffrey Krivis in his ruling.  

     We at Lennar continue to stand behind the quality of our homes and want to assure you that we put the health and safety of our homeowners first. Please don't hesitate to contact me to discuss any concerns or question you may have.

Sincerely,

Robert Hilliard
Division President
Lennar
 

Julie Gaumond, REALTOR®
Keller Williams of the Treasure Coast

Direct - (772) 370-7999
Email -
Julie@FloridaHomes.PRO
Website- www.FloridaHomes.PRO

 

 

 
Post is included in group: Independent Brokers

4 Comments on Lennar Letter to Homeowners with Facts and Cases

MAY
06
2008
403,873 Points 2 Featured Posts Localism Sponsor Outside Blog

Thank you for sharing. This letter does appear to be a very well researched letter that does dampen the immediate concern when Chicken Little [Erin Brockovitch] runs down the street shouting "the sky is falling"

11:53am • #1
113,661 Points 1 Featured Post Outside Blog

I'd click all the links, but I'll just wait for the movie. :)

I am surprised that the legal team for Lennar allowed a Division President to issue the letter.  It seems risky although it appears on the surface to be based on alleged facts.

11:57am • #2
It's about time Lennar responded to the constant barage from Brockovich and her cronies. How 2 unhappy people with a grudge against Lennar can destroy home values for so many hard working people is sad.  I hope people finally see thru the smoke and mirrors of the brockovich scam.    
Wescott Resident Anonymous
10:38pm • #3
MAY
07
2008

     It was surprising to me that the letter did not come from Stuart Miller the CEO, since the letter was obviously very well researched and drafted by someone with the ability to get the facts into a cohesive order.  It would have had so much more impact if it came from Stuart.  On the flip side, maybe it did ot come from Stuart because there might be more to this story.

     This will certainly be a test for Lennar.  If their side of the story is true, they will crush Erin and the high-power attorneys the plaintiffs have assembled.  It will be a very dark day indeed for the plaintiffs' group.  From my experience, I can tell you that Lennar leaves no stone unturned.  In fact, I would not be surprised if they know exactly how Erin and all of the attorneys drink their coffee.  Lennar plays for keeps and even though I have had my battles with them, I find it hard to believe they would let this get to the point where it is, if they had any liability.  

    I will have an upate on last night's meeting later today.

6:26am • #4

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Treasure Coast Real Estate Editor - Featuring Julie Gaumond, REALTORĀ® -

Stuart, FL

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Keller Williams of the Treasure Coast

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Initially created by real estate expert Mike Morgan, the Treasure Coast Real Estate Blog provides a wealth of information about homes, businesses, things to do, restaurants and general information about the Treasure Coast from Palm Beach County to Martin County, St. Lucie County and Indian River County. Julie Gaumond, Mike's former assistant is now carrying the ball dealing directly with clients, while Mike continues to serve as a consultant and contributor the the blog. Mike has been published and quotes in the Wall Street Journal, Barrons, New York Times, Business Week and hundreds of other newspapers, magazines, blogs and TV appearances.


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