If you own a building in the state of North Carolina in which ABTco or Louisiana
Pacific TrimBoard has been installed, your rights may be affected by a class
action lawsuit, according to Class Counsel
RALEIGH, N.C., Aug. 13, 2012 /PRNewswire via COMTEX/ -- The following statement
is being issued by Whitfield Bryson & Mason LLP, Rhine Law Firm, PC, and Block,
Crouch, Keeter, Behm & Sayed, LLP pursuant to an Order of the United States
District Court for the Eastern District of North Carolina:
A lawsuit has been filed in the United States District Court for the Eastern
District of North Carolina, Northern Division (the "Court") concerning TrimBoard,
an exterior trim product designed, marketed and sold by ABTco, Inc. and later,
its successor, Louisiana-Pacific Corporation ("LP"). The lawsuit alleges that LP
violated North Carolina state law, specifically breach of express warranty, by
designing, manufacturing, marketing, advertising, warranting and selling
TrimBoard. Plaintiffs claim that the TrimBoard was defective and that the
limitations of liability in LP's warranty are not enforceable. Plaintiffs further
claim that LP's conduct has caused or will cause damage to their homes that will
require Plaintiffs and members of the Class to replace the TrimBoard.
LP has denied Plaintiffs' claims and is asserting several affirmative defenses.
Among other things, LP asserts that TrimBoard performs its intended function when
properly installed and maintained, and that it was designed and manufactured
consistent with the appropriate industry standards. LP alleges that it has
responded to warranty claims in accordance with the terms of the TrimBoard 10/5
Year Limited Warranty.
The Court has not yet ruled on the merits of Plaintiffs' claims or LP's defenses.
On July 15, 2011, however, the Court decided that a class action was the best way
to resolve the claims of Plaintiff homeowners, and all other North Carolina
owners similarly situated. Discovery and other pre-trial proceedings are ongoing,
and a trial date has not been set yet.
Who is a Class Member?
The Class certified by the Court consists of the following individuals:
All persons in the State of North Carolina who own a home, office or other
building in which ABTco's TrimBoard has been installed since October 22, 1998.
Excluded from the Class are: (a) any Judge or Magistrate presiding over this
action and members of their families; (b) LP and any entity in which LP has a
controlling interest or which has a controlling interest in LP and all legal
representatives, assigns and successors of ABTCO; and (c) all persons who
properly execute and file a timely request for exclusion from the Class.
TrimBoard was typically installed as exterior fascia, soffit, corner board,
bandboards, window trim, door trim and general exterior trim. The TrimBoard has
several identifying characteristics that may help you determine if you are a
member of the class defined above:
One face of the TrimBoard is textured and one face is smooth;
One side of the face of the TrimBoard has a chamfer running lengthwise;
There is a laminate (or "glue") line visible at the ends and/or edges of the
TrimBoard; and
There is a paper overlay on the faces of the TrimBoard.
Election by Class Members
If you are a class member, you have a choice whether or not to remain a member of
the class on whose behalf this suit is being maintained. Either choice will have
its consequences, which you should understand before making your decision.
By remaining a class member, Plaintiffs and their attorneys will act as
representatives and lawyers for the presentation of your claims against LP
relating to its express warranty, and you will be legally bound by the result of
the lawsuit. Expenses incurred in the litigation will not be assessed to
individual class members. Any class member who does not request exclusion may
also, if they desire, enter an appearance in the litigation through his or her
own attorney at his/her/its own expense. Class members will be entitled to notice
of any ruling reducing the size of the class, expanding the size of the class or
decertifying the class and also to notice of, and an opportunity to be heard
respecting, any proposed settlement. For this reason, as well as to participate
in any recovery, you are requested to provide Class Counsel listed below with
your current address and contact information. You may communicate with the
lawyers representing the class if you have evidence you believe would be helpful
to establish the class claims and it is possible you may be asked by the parties
to provide information relevant to this case.
If you want to be excluded from the class, you must complete an Exclusion Request
form and return it to Class Counsel listed below by mail postmarked no later than
September 25, 2012. By making this election to be excluded, (1) you will not
share in any recovery that might be paid to the above class as a result of trial
or settlement of this lawsuit; (2) you will not be bound by any decision in this
lawsuit favorable to the Defendant; and (3) if you wish to file your own lawsuit
or make your claim against LP, you may do so but will be responsible for your own
representation as well as for any expenses associated with your individual
action.
Any questions you have concerning the matters contained in this notice should be
directed to Class Counsel:
Daniel K. Bryson Scott C. Harris Whitfield Bryson & Mason LLP900 W. Morgan
StreetRaleigh, NC 27603Tel: (919) 600-5003Fax: (919) 600-5035 scott@wbmllp.com
Gary E. Mason Nicholas A. Migliaccio Whitfield Bryson & Mason LLP1625
Massachusetts Avenue, NWSuite 605Washington, DC 20036Tel: (202) 429-2290Fax:
(202) 429-2294nmigliaccio@wbmllp.com
Joel R. RhineJean S. MartinRhine Law Firm, PC314 Walnut StreetWilmington, NC
28401Tel: (910) 772-9960Fax: (910) 772-9062jrr@rhinelawfirm.com
Auley M. Crouch, IIIChristopher K. BehmBlock, Crouch, Keeter, Behm & Sayed,
LLPP.O. Box 4Wilmington, NC 28402Tel: (910) 763-2727Fax: (910)
762-6429cbehm@bcklawfirm.com
If you have any questions, please visit trimboardlawsuit.com or call
toll-free (888) 212-8466.
SOURCE Whitfield Bryson & Mason LLP; Rhine Law Firm, PC; Block, Crouch, Keeter,
Behm & Sayed, LLP |
