The Sixth Circuit Court of Appeals has denied a motion by objectors to the $600 million East Palestine train derailment settlement to reduce or eliminate an $850,000 appeal bond and issued a stern warning regarding the use of "inflammatory language" by the objectors’ counsel.

In an order released this week, the appeals court cited jurisdictional issues and procedural irregularities in the filings submitted by Rev. Joseph Sheely, Zsuzsa Troyan, Tamara Freeze, Sharon Lynch, and Carly Tunno, who are appealing the district court’s approval of the settlement with Norfolk Southern Railway.

The core of the dispute revolved around the $850,000 appeal bond, mandated by U.S. District Court Judge Benita Pearson, requiring each objector to post $170,000 to proceed with their appeals. The appeals court highlighted a procedural inconsistency: while the objectors’ counsel initially filed the motion as a "motion for stay," their subsequent responses indicated they sought a review of the bond's merits.

The appeals court determined it lacked jurisdiction to address the merits of the bond order due to the absence of a separate notice of appeal for that specific order. "Assuming that we cannot construe a motion contrary to counsel’s stated intentions, we lack jurisdiction to address the merits of the bond order in these appeals," the court stated.

Furthermore, the court dismissed the objectors’ arguments for a stay, citing a failure to demonstrate a likelihood of success on the merits of their appeals or to prove irreparable harm. The court clarified that the objectors retain the option to directly appeal the bond order.

Judge Pearson’s original district court order imposed the $850,000 bond to cover appeal costs, arguing that the objectors were unlikely to prevail and that the appeal would delay settlement fund distribution to those who supported it.

A  portion of the appeals court's order addressed the conduct of the objectors’ counsel. The court explicitly cautioned against the use of "inflammatory language," emphasizing the necessity of respectful conduct towards the court and opposing counsel.

The court stated:

“On a final note, we emphasize that advocates have an obligation to treat the court and each other respectfully. We thus caution counsel for the Objectors that further use of inflammatory language will not be tolerated by this court….A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers, and public officials. This includes attacks on the district court and class counsel, both of whom counsel for the Objectors has accused of unprofessional conduct relating to these proceedings.”

The $600 million settlement aims to provide compensation to residents and businesses impacted by the February 2023 train derailment in East Palestine, Ohio.