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NIBCO Pex Tubing and Component Parts Lawsuit

PRACTICE AREAS: Defective Products
PRODUCT: NIBCO cross-linked polyethylene (PEX) plumbing tubes and component parts
SETTLEMENT AMOUNT: $43.5 million
COURT: U.S. District Court for the District of New Jersey

Berger Montague served as co-lead counsel in two nationwide class action lawsuits against NIBCO, claiming that their cross-linked polyethylene (PEX) plumbing tubes and component parts were substandard and failed earlier than consumers anticipated. The amended complaint is available here.

About the Case

According to the lawsuit, NIBCO PEX tubing suffers from oxidization. Oxidization is when oxygen affects the quality of a material, such as metal or plastic. This can occur if the material was not treated properly or has a flawed design. PEX tubing oxidization can lead to cracks and ruptures, which causes water leaks. The water also damages NIBCO’s component parts, such as their fittings and clamps.

People who suffered property damage from NIBCO PEX tubing reported cracking and leaking, water saturation, property damage to wall, ceilings, and carpets, and the need to repair and replace the PEX tubing and components.

On May 24, 2016, the defendant’s motion to dismiss was denied.

On October 26, 2018, NIBCO and Plaintiffs reached a $43.5 million settlement.

On April 8, 2019, U.S. District Judge Freda Wolfson approved the settlement.

Lead Attorneys

Shanon Carson Headshot

Shanon J. Carson

Executive Shareholder
Lawrence Deutsch Headshot

Lawrence Deutsch

Jacob Polakoff Headshot

Jacob M. Polakoff

Senior Counsel