Although some of the parties that lawyers consider most culpable have yet to enter into settlements, attorneys for those killed and injured as a result of the fire are anticipating that the civil lawsuits pending in U.S. District Court can be wrapped up during the next several months, without a trial. They’ve told clients that their “goal” is to distribute the proceeds by the end of December.

There are still claims against the State of Rhode Island and the Town of West Warwick that would need to be resolved before the victims’ lawsuits can be terminated –– claims that, if settled, might require General Assembly and/or voter approval.

The state and the town were sued because no one delegated to inspect The Station ever cited its owners, Michael and Jeffrey Derderian, for the highly flammable polyurethane foam they installed as soundproofing in their club. The West Warwick fire marshal, Denis P. Larocque, who recently retired with a disability pension from the town, said he never noticed the foam during his inspections.

The Derderians each pleaded no-contest to 100 counts of involuntary manslaughter in connection with the 2003 fire that killed 100 people and injured more than 200 others. They, too, remain as defendants in the civil lawsuits. But there isn’t much money to be had from the brothers. After the fire, they filed for bankruptcy protection and their debts have been discharged. Therefore, they would be immune from paying any judgment that could be rendered against them if the case went to trial. The only payments that the victims might be able to recoup from the Derderians in a settlement are the proceeds of a property insurance policy on the building, which would yield less than $1 million if the bankruptcy court approves its release.

To date, close to $155 million has been tentatively offered to settle the fire victims’ claims. This includes $1 million that the court is holding from the rock band Great White –– whose pyrotechnics sparked the deadly fire –– and many millions offered by other parties, including corporations that allegedly made the foam that lined the walls as well as sponsors of the Great White show, among them, the beer manufacturer Anheuser-Busch.

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