RALEIGH, N.C., Aug. 13, 2012 /PRNewswire/ -- 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 LLP
900 W. Morgan Street
Raleigh, NC 27603
Tel: (919) 600-5003
Fax: (919) 600-5035
Gary E. Mason
Nicholas A. Migliaccio
Whitfield Bryson & Mason LLP
1625 Massachusetts Avenue, NW
Washington, DC 20036
Tel: (202) 429-2290
Fax: (202) 429-2294
Joel R. Rhine
Jean S. Martin
Rhine Law Firm, PC
314 Walnut Street
Wilmington, NC 28401
Tel: (910) 772-9960
Fax: (910) 772-9062
Auley M. Crouch, III
Christopher K. Behm
Block, Crouch, Keeter, Behm & Sayed, LLP
P.O. Box 4
Wilmington, NC 28402
Tel: (910) 763-2727
Fax: (910) 762-6429
If you have any questions, please visit www.TrimBoardLawsuit.com or call toll-free (888) 212-8466.
SOURCE Whitfield Bryson & Mason LLP; Rhine Law Firm, PC; Block, Crouch, Keeter, Behm & Sayed, LLP