NIBCO Tubing, Fittings, and Clamps Class Action Settlement

Written by Welcome on January 27, 2019

NIBCO Class Action Settlement, known as Meadow, et al. v. NIBCO Inc., No. 15-cv-01124 (M.D. Tenn.) and Cole, et al. v. NIBCO Inc., No. 13-cv-7871 (D.N.J.) Proposed Settlement and Claims Requirements for Affected Individuals and Entities.

A Brief Outline of the NIBCO Case.

Two class action lawsuits were filed asserting claims against NIBCO alleging that its Tubing, Fittings, and Clamps are defective and subject to leak, resulting in water damage. After several years of litigation, the parties reached a settlement agreement that has been preliminarily approved by a judge in the United States District Court, District of New Jersey.

Per the class notice, NIBCO agreed to pay money into a Settlement Fund to reimburse Eligible Claimants who submit a timely and valid Claim Form based upon their unreimbursed costs spent on repairs and damages resulting from Qualifying Leaks (defined in the class notice and settlement website) from the Covered Products and to pay for re-plumb remedies for those who qualify. The Settlement Fund will also be used to pay Class Counsel’s attorneys’ fees and costs, settlement administration costs, and any service awards to the Class Representatives, all subject to the approval of the Court. The maximum amount that NIBCO will pay pursuant to the Settlement is Forty-Three Million Five Hundred Thousand Dollars ($43,500,000.00). At the end of the Claim Period (which will extend for six years after the Effective Date of the Settlement), any portion of the Settlement Fund not used to pay Eligible Claimants will remain with or be returned to NIBCO.

Remedies available under the settlement include compensation for past property damage claims, future property damage claims, and re-plumb claims for claimants with multiple leaks.

At this time, the proposed settlement between all parties has yet to garner formal approval from the court, which is expected to occur at the April 8, 2019 final fairness hearing before the Honorable Freda L. Wolfson, United States District Court for the District of New Jersey.

Class Members Must Act Before February 27, 2019 if They Wish to Opt Out or Object to the Settlement.

Class members who wish to receive the benefits of the settlement must submit a valid and timely claim form. The deadline for filing a claim is fully described in the class notice and settlement website. If you are included in the Settlement Class and do not submit a Claim Form, your rights will be affected and you will not receive any payment from the Settlement.

Please consult the settlement website, http://www.pexsystemsettlement.com, or class notice for further information on how to submit a claim.

Who is Considered Part of the Settlement Class?

According to the class notice, members of the Settlement Class include All Persons that own or have owned at any time since January 1, 2005, a residential or commercial structure in the United States that contains or contained NIBCO’s Tubing, Fittings, or Clamps, including their spouses, joint owners, heirs, executors, administrators, mortgagees, tenants, creditors, lenders, predecessors, successors, trusts and trustees, and assigns (“Occupant Persons”); as well as all Persons who have standing and are entitled to assert a claim on behalf of any such Occupant Persons, such as but not limited to a builder, contractor, distributor, seller, subrogated insurance carrier, or other Person who has claims for contribution, indemnity or otherwise against NIBCO based on claims for Qualifying Leaks of the Tubing, Fittings, or Clamps with respect to such residential or commercial structures. The Settlement Class includes all Persons who subsequently purchase or otherwise obtain an interest in a property covered by the Settlement without the need of a formal assignment by contract or court order.

Excluded from the Settlement Class are Occupant Persons with respect to residential structures constructed by D.R. Horton, Inc.-Birmingham (including, but not limited to, those for which the plumbing contracting was performed by or on behalf of Dupree Plumbing Co. Inc.) and which are located in the following cities in Alabama: Bella Vista; Bessemer; Birmingham; Calera; Chelsea; Cottondale; Hoover; Kimberly; Leeds; Maylene; McCalla; Montgomery; Northport; Odenville; Pinson; Pratville; Springville; Trussville; and Tuscaloosa. Also excluded from the Settlement Class are Occupant Persons with respect to residential structures constructed by Continental Homes of Texas, L.P. (including, but not limited to, those for which the plumbing contracting was performed by or on behalf of Christianson Air Conditioning and Plumbing, LLC) and which are located in the following cities in Texas: Boerne; Cibolo; Converse; Live Oak; Medina County; New Braunfels; Royse City; San Antonio; San Marcos; Schertz; Sequin; and Universal City. A list of such residential structures in Alabama and Texas covered by this exclusion are posted on the “Important Documents” page of the settlement website. Also excluded from the Settlement Class are D.R. Horton, Inc.-Birmingham, Dupree Plumbing Co. Inc., Continental Homes of Texas, L.P., and Christianson Air Conditioning and Plumbing, LLC, solely with respect to the structures identified in that list.

Also excluded from the Settlement Class are: (i) NIBCO, its officers, directors, affiliates, legal representatives, employees, successors, and assigns, and entities in which NIBCO has a controlling interest; (ii) judges presiding over the Litigation; and (iii) local, municipal, state, and federal governmental entities.

Important Deadlines for the NIBCO Tubing, Fittings, and Clamps Class Action Settlement.

Class members who wish to receive the benefits of the settlement must submit a valid and timely claim form. The deadline for filing a claim is fully described in the class notice and settlement website. If you are included in the Settlement Class and do not submit a Claim Form, your rights will be affected and you will not receive any payment from the Settlement.

Exclusion deadlines: If you do not want to be legally bound by the Settlement, you must exclude yourself or you won’t be able to sue, or continue to sue, NIBCO about the legal claims resolved by the Settlement. The deadline date for filing an exclusion is February 27, 2019. Please consult the settlement website for instructions on excluding yourself from the settlement.

Objection deadlines: Class members may object to the settlement. The deadline for objecting to the settlement is February 27, 2019. Please consult the settlement website for instructions on how to object to the settlement.

Who Are Members of NIBCO Tubing, Fittings, and Clamps Class Action Settlement?

According to the class notice, member of the class are individuals who own or have owned at any time since January 1, 2005, a residential or commercial structure in the United States that contains or contained NIBCO’s Tubing, Fittings, or Clamps, including their spouses, joint owners, heirs, executors, administrators, mortgagees, tenants, creditors, lenders, predecessors, successors, trusts and trustees, and assigns (“Occupant Persons”); as well as all Persons who have standing and are entitled to assert a claim on behalf of any such Occupant Persons, such as but not limited to a builder, contractor, distributor, seller, subrogated insurance carrier, or other Person who has claims for contribution, indemnity or otherwise against NIBCO based on claims for Qualifying Leaks of the Tubing, Fittings, or Clamps with respect to such residential or commercial structures. The Settlement Class includes all Persons who subsequently purchase or otherwise obtain an interest in a property covered by the Settlement without the need of a formal assignment by contract or court order.

Excluded from the Settlement Class are Occupant Persons with respect to residential structures constructed by D.R. Horton, Inc.-Birmingham (including, but not limited to, those for which the plumbing contracting was performed by or on behalf of Dupree Plumbing Co. Inc.) and which are located in the following cities in Alabama: Bella Vista; Bessemer; Birmingham; Calera; Chelsea; Cottondale; Hoover; Kimberly; Leeds; Maylene; McCalla; Montgomery; Northport; Odenville; Pinson; Pratville; Springville; Trussville; and Tuscaloosa. Also excluded from the Settlement Class are Occupant Persons with respect to residential structures constructed by Continental Homes of Texas, L.P. (including, but not limited to, those for which the plumbing contracting was performed by or on behalf of Christianson Air Conditioning and Plumbing, LLC) and which are located in the following cities in Texas: Boerne; Cibolo; Converse; Live Oak; Medina County; New Braunfels; Royse City; San Antonio; San Marcos; Schertz; Sequin; and Universal City. A list of such residential structures in Alabama and Texas covered by this exclusion are posted on the “Important Documents” page of the settlement website. Also excluded from the Settlement Class are D.R. Horton, Inc.-Birmingham, Dupree Plumbing Co. Inc., Continental Homes of Texas, L.P., and Christianson Air Conditioning and Plumbing, LLC, solely with respect to the structures identified in that list.

Also excluded from the Settlement Class are: (i) NIBCO, its officers, directors, affiliates, legal representatives, employees, successors, and assigns, and entities in which NIBCO has a controlling interest; (ii) judges presiding over the Litigation; and (iii) local, municipal, state, and federal governmental entities.

Summary of the Terms of the Proposed NIBCO Tubing, Fittings, and Clamps Class Action Settlement.

The class notice describes generally the terms of the proposed settlement including benefits for reasonably proven and unreimbursed reasonable costs incurred in connection with: (a) the repair or replacement of the pertinent section(s) of Tubing, Fittings, and/or Clamps as a direct result of a Qualifying Leak (defined below); (b) the repair or replacement of other property damaged as a direct result of a Qualifying Leak; and (c) the material and labor costs reasonably necessary to bring the residential or commercial structure and its contents back to the same finish and quality as existed before the Qualifying Leak. Class members may also qualify for a re-plumb remedy if they have experienced three or more separate Qualifying Leaks.

These and other provisions are set forth in the NIBCO settlement agreement.

Summary of Proposed Award to Legal Counsel for Fees and Expenses

The Court has appointed Shanon J. Carson, Lawrence Deutsch and Jacob M. Polakoff of Berger Montague PC (www.bergermontague.com), and Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of Sauder Schelkopf LLC (www.sauderschelkopf.com), as Co-Lead Class Counsel to represent Plaintiffs and the Settlement Class Members.

Note that this website is not affiliated with these law firms in any way. The class notice indicates that class counsel may ask for up to 29.885% of the Gross Settlement Fund in attorneys’ fees for their services. Any award of attorneys’ fees would be subject to the court’s approval.

How Do Class Members File Claims in the NIBCO Tubing, Fittings, and Clamps Class Action Settlement?

To receive a share of the settlement, class members must complete and submit a valid and timely claim form. Again, class members who do not file claims will not receive any funds from the settlement. To file a claim, please consult the settlement website.

In addition, class members can object by submitting a written objection by February 27, 2019. Please consult the settlement website for instructions on objecting to the settlement.

Class members who do not wish to participate in the settlement must opt out of the settlement by February 27, 2019. Please consult the settlement website for instructions on objecting to the settlement.

Meeting the February 27, 2019 Deadline for Objections or Exclusions Is Critical.

 

For more information, visit the NIBCO Tubing, Fittings, and Clamps Class Action Settlement webpage at

http://www.pexsystemsettlement.com/

References:

http://www.pexsystemsettlement.com/

76