EAST PALESTINE (WKBN) – A group of people who are objecting to the $600 million class action payout from the East Palestine train derailment is asking the United State Supreme Court to consider their case dismissal from the Sixth Circuit Court of Appeals.

The petition for U.S. Supreme Court consideration was filed earlier this month, and the documents were requested from the U.S. District Court for the Northern District of Ohio on Tuesday, where the class action case is being litigated.

The non-class members in the group say the payout is too small and doesn’t take into consideration future harms. Their case was dismissed by the Sixth Circuit Court of Appeals because it said that the group did not pay an $850,000 appeal bond, and an extension for time was filed too late.

The Circuit judges wrote:

“A set of objectors to a class-action settlement are over eight months late in paying an $850,000 appeal bond. Instead of paying up, they moved to extend the time to appeal the bond order, one day late. Because they’re a day late, we can’t hear their reasons for being $850,000 short. We dismiss their appeal of the motion to extend for lack of jurisdiction, and we dismiss their appeals of the settlement for failure to pay the bond.”

In their 59-page petition, the group is asking the U.S. Supreme Court to consider several issues, including the appeal bond — which was the crux of the Sixth Circuit’s dismissal — how it’s determined and how much; also “whether a district court’s imposition of an appeal bond for the expressed purpose of inhibiting appellants’ pursuit of their statutory right of appeal, by factoring speculative or legally prohibited costs into determining the bond amount,” the petition said.

A conference is set to discuss the petition on Feb. 27. This does not mean that the U.S. SUPCO has agreed to hear the appeal, only that it is gathering information to determine if it will.

Feb. 3 marked the third anniversary of the derailment. As it stands now, most involved in a $600 million class action lawsuit against Norfolk Southern have yet to receive their payout. The lawsuit was settled, but payouts to class members have been delayed by appeals.

Just recently, some personal injury payments were sent. Epiq, the administrator for the lawsuit, announced on the settlement website that on Dec. 29 and 30, it will mail an initial partial payment award check to class members who submitted a “valid and timely” personal injury claim and who had not previously received a payment.