Settlement Structure: Claims Made
Closed Settlement Statement:
According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.Case Summary:
NIBCO, Inc. is settling two class actions alleging that its PEX tubing, fittings, and clamps are defective and can leak. The complaints cited (1) NIBCO’s 1006 formulation tubing, including Dura-PEX and PEX; (2) NIBCO’s 1807 brass fittings; and (3) stainless steel clamps. The items in question were used in residential or commercial structures but not in industrial applications, irrigation, radiant heating, international application, in appliances, or in RVsDocket Number:
15-cv-01124 (M.D. Tenn.), 13-cv-7871 (D.N.J.).
Company: NIBCO Inc.
Filing Deadline: January 1, 2100
Class Period: January 1, 2005
Objection Deadline: February 27, 2019
Exclusion Deadline: February 27, 2019
Final Approval Hearing: April 8, 2019Proof of Purchase:
You must have documentation of the damage and repair costs. See the claim form for a list of appropriate types of documentation.Eligibility:
You may be eligible if you owned or occupied, at any time since January 1, 2005, a residential or commercial building in the US that contains plumbing systems with the tubing, fittings, or clamps at issue and have had at least one leak from these items that resulted in a physical escape of water causing damage, or you paid for repairs or damages resulting from such a leak. You are not eligible if the leak was caused by the penetration for a foreign object or certain installation issues. Claims may be made for past property damage, that is, damage that took place up to the Effective Date of this settlement (unknown at this writing), or for future damage that occurs during the claim period, that is, up to six years after the effective date. If you have experienced three or more leaks at different times, you can request a re-plumb. For more information, see the Notice at http://www.pexsystemsettlement.com/pdf/NIBCO_Long_Form_Notice_%20FINAL.pdf.Typical Settlement Amount:
Varies; up to 70% of the cost of the property damage. Initial payment will be only 25% of the cost, with later payments made on a pro-rata basis. Re-plumb claims capped at $600 per fixture. See further details in the Notice at http://www.pexsystemsettlement.com/pdf/NIBCO_Long_Form_Notice_%20FINAL.pdf.
Total Settlement Amount: $43,500,000Class Representative Proposed Incentive Fee:
Berger & Montague
Case Name: Meadow, et al. v. NIBCO Inc., Cole, et al. v. NIBCO Inc.
Settlement Website: NIBCO Tubing, Fittings, and Clamps Settlement Website
PEX System Settlement
c/o Angeion Group
PO Box 58086
1500 JFK Boulevard, Suite C31
Philadelphia, PA 19102