Case Number: No. 13-cv-7871 (FLW)(TJB)

Practice Area: Defective Products Consumer Protection

Case Status: Settled

Settlement Amount: $43.5 million

Court: United States District Court for the District of New Jersey

Berger Montague served as one of two co-lead counsel and obtained a $43.5 million settlement in the nationwide consolidated class action litigation against NIBCO, Inc. Led by Shanon J. Carson, Lawrence Deutsch, and Jacob Polakoff of Berger Montague, the lawsuit alleged that NIBCO PEX tubing, fittings, and clamps were defective and prematurely failed, causing water leaks and consequential damage to class members’ homes and buildings. The case was litigated in the United States District Court for the District of New Jersey and captioned Cole, et al. v. NIBCO, Inc., et al., No. 13-cv-7871 (FLW)(TJB) (D.N.J.).

The plaintiffs alleged that NIBCO’s cross-linked polyethylene plumbing tubes, i.e., PEX tubing, the brass fittings required to connect the PEX tubing together, and the stainless steel clamps required for joining the tubing and fittings, had design defects and/or manufacturing defects that caused them to fail prematurely. After nearly five years of hotly-contested litigation, the parties ultimately reached the settlement providing for the creation of a $43.5 million fund. Class members can make claims against that fund for water damage caused by Qualifying Leaks. The settlement covers not only claims for past property damage, but also enables class members who experience Qualifying Leaks at any time within the six-year period after the Effective Date of May 16, 2019 (i.e., the time period up to May 16, 2025) defined as the “Claim Period”) to make claims for compensation. In addition, class members who have suffered three or more Qualifying Leaks may exercise the option to obtain a re-plumb of their entire residence or structure. The re-plumb will be compensated at the sum of $600 per full plumbing fixture (e.g., sink, washing machine, etc.) in the structure and $300 per half fixture (e.g., toilet), up to a maximum re-plumb expense of $16,000. For more information about the settlement, please visit the official Settlement Website, www.pexsystemsettlement.com.

If you have suffered economic losses or personal injuries as a result of any defective product, please contact Shanon J. Carson of Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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