The Plan defines "Released" claims as those claims that have previously released Dow Corning or its Shareholders (or had such claim resolved by final judgment, dismissal or order). For more information on Released Claims, refer to Section 5.01 (a) of Annex A to the Settlement Facility and Fund Distribution Agreement.
Dow Corning has provided information to the Settlement Facility about those claimants that it believes have released their right to further payment from it or its Shareholders. The Settlement Facility has sent a letter to these claimants notifying them that they are ineligible for any benefits from the Plan. Claimants may dispute this finding using a process that the Court approved known as the Stipulation and Order Establishing Procedures For Resolution of Disputes Regarding Release of Claims Against Dow Corning And Election of Settlement Option dated December 23, 2004.
If your claim is governed by the Stipulation and Order of December 23, 2004, contact Claims Assistance for more information.
If your claim is not governed by the Stipulation and Order, it instead may be subject to a motion filed by the Claimants' Advisory Committee for Declaratory Relief that the "Receipt and Release" Document Solicited by the Dow Corning Legal Department from Unrepresented Claimants from 1992 - 1995 as part of the Removal Assistance Program (or represented as part of such Program) is not a General Release, filed on March 6, 2006.
Claimants that may be covered by the CAC Motion are: claimants who were unrepresented by legal counsel when they signed a "release" document in exchange for a payment of less than $15,000 during the period 1992 through 1995, and/or claims alleging that the "release" was provided in connection with the Dow Corning Removal Assistance Program.
For more information about the CAC Motion and "release" claims, please refer to their website at www.tortcomm.org.