Current Defective Product Cases
Mason LLP is a member of the Chinese Drywall Legal Network, which consists of attorneys who represent homeowners in actions across the nation for damages associated with the use of allegedly defective Chinese drywall in their homes. These cases allege that the defective drywall emits sulfur compounds that cause the electrical, plumbing, and HVAC systems in affected homes to corrode, and thereby creates the risk of fire, broken pipes, system failures, as well as degradation of fixtures and personal property contained within the homes. It is also alleged that the defective drywall poses health risks, including rashes, frequent nosebleeds, and respiratory problems.
Defective Plumbing Systems
Mason LLP represents a putative nationwide class of owners of homes and buildings constructed with allegedly defective Zurn Pex plumbing systems. In this litigation, Plaintiffs allege that the Zurn systems are susceptible to premature failure, which causes serious damage to their structures. The brass fittings used in these plumbing systems are particularly prone to leaking
Our firm is also involved in a similar case involving defective plumbing manufactured by Kitec. Burn v. IPEX, INC., and IPEX USA, LLC, Civil Action No. 08-CA-0640 (W.D. TEX).
Mason LLP serves as Co-Counsel representing property owners in multi-district litigation involving allegedly defective rooftop shingles manufactured by the CertainTeed Corp. Plaintiffs allege that CertainTeed knowingly marketed and sold shingles that it knew would not perform adequately.
Toyota Accelerator Pedals
Mason LLP represents owners of recalled Toyota vehicles who are seeking damages for loss of use and diminished value of their vehicles following Toyota’s recall of over five million of its cars and trucks due to defective accelerator pedals.
American Standard Champion Toilets
Our firm represents purchasers of Champion series toilets manufactured and sold by American Standard that allegedly suffer from inherent design defects that cause the toilets to continuously leak water from inside the tank into the toilet bowl. Plaintiff alleges that these defects have forced purchasers to pay costs associated with repair and replacement, as well as excessive water bills.
KB Homes Construction
Mason LLP represents homeowners in North Carolina whose homes were allegedly defectively constructed by KB Homes without a secondary weather barrier beneath Hardiplank siding. Due to the lack of a secondary weather barrier, the exterior walls of Plaintiffs’ and the Class members’ homes do not have an acceptable barrier to prevent moisture and water from penetrating into the wall systems and interiors of the homes. Without an acceptable barrier, Plaintiffs’ and Class Members’ wall systems have elevated levels of moisture which can lead to rot and other problems.
Georgia-Pacific and Louisiana-Pacific Trimboard
Our firm currently represents plaintiffs who have Georgia-Pacific or Louisiana-Pacific trimboard affixed to their properties. The plaintiffs in these cases allege that the defendants’ respective trimboard is inherently defective and not suitable for outdoor use. This is because, as Plaintiffs allege, moisture infiltrates the trimboard, leading to decay and rot of the trimboard itself, in addition to the wood or other material it is affixed to.
OnStar Telecommunications Safety Systems
Mason LLP serves as co-counsel in a class action against several car manufacturers and the OnStar Corporation for allegedly failing to properly analog OnStar telecommunication safety systems in vehicles sold to plaintiffs and class members and continuing to sell the OnStar equipment knowing that it would fail by February 2008.
Sharp DLP Projectors
Our firm, along with co-counsel, represents plaintiffs in a putative class action against Sharp Electronics Corporation seeking damages for allegedly defective DLP Projectors. Through this action, plaintiffs allege that the DLP Projectors contain defective lamps with a substantially shorter service life than represented by defendant.
Settled Defective Product Cases
Our firm is involved in the representation of purchasers of certain Nissan vehicles that allegedly suffered from design and manufacturing defects affecting their front brake pads and rotors. The parties in this litigation have recently reached a class settlement agreement, which the U.S. District Court for the District of New Jersey preliminarily approved in March 2010.
Federal Concrete Materials
Mason LLP represented homeowners and owners of commercial properties whose homes or buildings were constructed with concrete purchased from Federal Materials, Inc., a supplier of ready-mix concrete in certain parts of Kentucky. The lawsuit arose from concrete manufactured by Federal containing coarse aggregate from a quarry located in Princeton, Kentucky that was owned and operated by Hanson Aggregates Midwest, Inc. and Rogers Group, Inc. Plaintiffs alleged that the coarse aggregate obtained from these parties was alkali reactive, which caused concrete made with it to suffer from a condition known as alkali carbonate reactivity (“ACR”). ACR, Plaintiffs’ alleged, caused the concrete used in their home foundations and structures to deteriorate, which in turn damaged and distressed their homes and buildings. The parties agreed to settle the case for approximately $10.1 million. The Court approved the settlement in August 2009.
Mason LLP and co-counsel settled a proposed class action on behalf of owners of model year 2003-2007 “light pick-ups and sport utility vehicles” manufactured by General Motors. Pursuant to the settlement, plaintiffs and settlement class members are entitled to an extension of GM’s Special Coverage benefits, replacement parts, or reimbursement for replacement costs. The U.S. District Court for the Western District of Washington granted final approval of the settlement in November 2008.
Our firm settled claims advanced by a nationwide class of purchasers of allegedly defective General Electric side-by-side refrigerators. Under the settlement agreement, class members are entitled to additional warranty protection, refrigerator exchanges, or reimbursement. The U.S. District Court for the Middle District of Florida granted final approval of the settlement in April 2006.
Mason LLP represented owners of certain Toshiba televisions in a class action filed against television manufacturer Toshiba in the United States District Court for the District of New Jersey. The plaintiffs alleged that the lamp light source for the televisions did not last nearly as many hours as Toshiba represented and that they were forced to expend significant amounts of money for replacement bulbs. In February 2009, the parties reached a settlement which, among other things, provided reimbursement of prior repair costs and an extended warranty.
Entran II Radiant Heating Systems
Mason LLP was Co-Lead Counsel in Galanti v. The Goodyear Tire & Rubber Company, Civil Action No. 03:209, filed in the United States District Court for the District of New Jersey. The lawsuit involved defective radiant heating systems. In October 2003, the Court certified a 44 state class and conditionally approved a $336 million settlement between The Goodyear Tire & Rubber Company and owners and former owners of property where Entran II radiant heating or snow melting hose was installed. In June 2004, the Settlement was modified and expanded to include present or former Entran II property owners in all 50 United States and its territories and possessions and in Canada. On October 19, 2004, the Court granted final approval of the settlement. The Court noted that the settlement is "extraordinarily advantageous given the transaction costs which individual plaintiff would have to pursue individual claims" and remarked that Class Counsel "impressed the Court with their professionalism and their talent."
Synthetic Stucco (EIFS)
Mason LLP was Co-Lead Counsel in a class action against Dryvit Systems, Inc. arising from Dryvit’s Exterior Insulation and Finish Systems (“EIFS”). In April 2002, a national settlement of this litigation was approved by the Circuit Court. The settlement provided, among other things, immediate cash payments to qualified claims, free home inspections, partial reimbursement of repair costs and 3-year MoistureFree Warranty.
Jeep Brake Rotors
Mason LLP represented model year 1999-2002 Jeep Grand Cherokee owners in a class action arising from alleged defective front brake assemblies. The plaintiffs alleged that the front brake assemblies of model year 1999-2002 Jeep Grand Cherokees were defectively designed and that DaimlerChrysler knew of this defect yet failed to notify consumers either before or after sale. Pursuant to the settlement, qualified members of the 1999-2002 Model Year Subclass were reimbursed for the cost of prior brake repairs or replacements incurred during the warranty period. Class members also received a free brake inspection and, under certain conditions, repairs paid for by Daimler Chrysler.
Goodyear Load Range E Tires
Mason LLP served as Co-Counsel in an action alleging that Goodyear sold defective tires that are prone to tread separation when operated at highway speeds. The Court approved the proposed settlement in which Goodyear agreed to provide a combination of both monetary and non-monetary consideration to the Settlement Class in the form of an Enhanced Warranty Program and Rebate Program.
Mason LLP was Co-Counsel in a class action in which plaintiffs alleged that certain GE, PROSCAN and RCA televisions were susceptible to temporary loss of audio when receiving broadcast data packages that were longer than reasonably anticipated or specified. The Court approved a settlement that provided class members with cash reimbursement of out-of-pocket costs for service to the television. Class members who were not eligible for cash reimbursement were eligible for a rebate certificate worth either $15 or $25 when used for the future purchase of a GE or RCA branded television.
Fujitsu Hard Disc Drives
Mason LLP served as Co-Counsel in a class action lawsuit involving certain allegedly defective involved Fujitsu Desktop 3.5" IDE hard disk drives. The case was settled in October 2003 and provided $42.5 million to pay claims of all consumers and other end users who bought certain Fujitsu Desktop 3.5” IDE hard disk drives or personal computers or other systems containing these hard disk drives.