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California and Colorado Class Action Attorneys


Lawsuits and Investigations

The investigations and class action lawsuits Eppsteiner Law, APC have or are pursuing are listed below.

Lawsuits

Construction Products

Viking Window Litigation
Class Action Certification Decided April 8, 2009

California homeowners have sued Viking Industries and Home Depot for defects in and leaks caused by Viking’s 3000 series windows. The lawsuit involves horizontal sliding, vertical sliding, also known as hung, and fixed windows. The case also involves the Viking Series 3000 sliding glass door. Viking sold the Series 3000 windows through dealers and through large home improvement stores, including Home Depot, Home Base, Lowes and Yardbirds. Home Depot sold approximately 500,000 of the Viking Series 3000 windows.

Starting on March 1, 1991 Viking sold the Series 3000 with a Lifetime Warranty. Despite having the Viking Lifetime Warranty, many Viking window owners have become so fed up with the performance of their Viking windows that they have paid to remove and replace them after repair attempts failed to stop leaks.

The Viking Series 3000 windows and doors were produced from 1989 through 1999 and in the Portland, Oregon and Vacaville, California plants. In 1998, Pella purchased Viking and shortly thereafter stopped making and marketing Viking windows. Instead, Pella chose instead to call Viking vinyl windows Thermstar.

The goal of the lawsuit, which has been approved for class action certification in the California Superior Court for San Joaquin County, is to get the defective Viking Series 3000 windows and sliding glass doors repaired or replaced.

Eppsteiner Law, APC wrote to Viking, on behalf of Viking window owners, and requested that Viking agree to repair or replace all Series 3000 windows. Viking has never responded to this proposal.

Plaintiffs have conducted extensive discovery from Viking and their nationally renowned experts have tested the windows to observe and analyze their performance.

This case has concluded and the settlement claims periods have closed.  There are no more cash settlement benefits available.”  If you have doors or windows that leak or have performance issues call us at 858-350-1500, or contact us at solutions @eppsteiner.com or click here to contact us.  (If you have failed handles or locks, missing screens or similar hardware issues contact the window manufacturer, , not Eppsteiner Law, APC or the product manufacturer’s authorized representatives.)

 

Champagne Imperial Settlement Litigation
Colorado Homeowners Recover $25 million

Champagne Industries, which was purchased by Atrium Door and Windows, manufactured an aluminum clad wood window called the Imperial, a copy of a Jeld-Wen window, the JX7. Sold in Colorado, the Imperial was popular with national and local tract homebuilders in the Denver area.

The Imperial collected water in the window frame sill and was designed to “weep” water from its sill through the face of the aluminum extrusion to the outside. However, water became absorbed in the wood sill, was held between the wood sill and sill extrusion, and water leaked through the window corners when the corner mitered joint opened when the bottom of the window jamb and end of the sill swelled.

The Imperial was the subject of a class action settlement in 2003. The settlement notice was mailed to approximately 4000 addresses and was published in Denver papers once per week for four weeks.

The Imperial owners recovered $25 million dollars and all but $800,000 was paid to class members to replace their windows and repair their homes and pay their attorney.

Note: The Champagne Imperial window is no longer produced.

This case has concluded and the settlement claims periods have closed.  There are no more cash settlement benefits available.”  If you have doors or windows that leak or have performance issues call us at 858-350-1500, or contact us at solutions @eppsteiner.com or click here to contact us.  (If you have failed handles or locks, missing screens or similar hardware issues contact the window manufacturer, , not Eppsteiner Law, APC or the product manufacturer’s authorized representatives.)

 

International Aluminum Series 6200 Window Litigation
February 8, 2008 – Approved settlement can pay homeowners $188 million*

International Aluminum Corporation owned two companies, International Window Corporation and International Window Corporation – Northern California that made its Series 6200 aluminum windows.

Still in production, the Series 6200 window has been sold since 1993 through dealers to homeowners, contractors and real estate developers, and to some home improvement stores.

California homeowners sued International in Solano County Superior Court on claims that the windows were defective, leaked from the lower corners, and had a common defect that required all of the windows to be replaced or repaired.

California Superior Court Approves Settlement

In 2005 the Superior Court certified the International Aluminum Series 6200 window litigation as a class action. In 2007 a tentative settlement was reached. On October 8, 2007 the California Superior Court gave its preliminary approval of the settlement, and on February 8, 2008, its final approval.

California Property Owners Receive Settlement Notice

Settlement Notice was mailed to approximately 8000 California property owners, and was also published in over 40 general circulation newspapers throughout the state.

The International settlement provides that every class member who files a timely claim form will have his windows inspected that are reported to leak or not operate properly. International will repair all windows operation problems and defects that caused leaks. If International cannot stop a window leak, it will replace the window.

International will also pay class members money for damage around their window corners, and class members now all have express warranties. Many class members who had no warranty now do and some now have limitless lifetime warranties.

International Aluminum Series 6200 Window Litigation

The settlement benefits had to be claimed by filing a claim form before July 25, 2008.

* If all International Aluminum Series 6200 class members filed claims and received repairs, the settlement is estimated to pay $188 million.

This case has concluded and the settlement claims periods have closed.  There are no more cash settlement benefits available.”  If you have doors or windows that leak or have performance issues call us at 858-350-1500, or contact us at solutions @eppsteiner.com or click here to contact us.  (If you have failed handles or locks, missing screens or similar hardware issues contact the window manufacturer, , not Eppsteiner Law, APC or the product manufacturer’s authorized representatives.)

 

Merzon Aluminum Window Litigation
Case pending in California Superior Court, San Joaquin County

Atmos Corporation, of Fresno California, makes windows marketed under the name Merzon. Beginning in 1993, Merzon made a series of aluminum windows – the 480, 580 & 920 – that homeowners complained leaked. (The company also made a 920 aluminum sliding glass door.)

One of the top American window engineering firms has investigated the Merzon aluminum windows and has found them to have common defects that have either caused the windows to fail or are substantially certain to leak in the future.

This case has concluded and the settlement claims periods have closed.  There are no more cash settlement benefits available.”  If you have doors or windows that leak or have performance issues call us at 858-350-1500, or contact us at solutions @eppsteiner.com or click here to contact us.  (If you have failed handles or locks, missing screens or similar hardware issues contact the window manufacturer, , not Eppsteiner Law, APC or the product manufacturer’s authorized representatives.)

 

Insurance Litigation

Medical Insurance Claim Denial Based On Pre-Existing Symptoms Paid

California and Colorado law requires an insured to have been treated or prescribed medication for a medical condition before an insurer can deny claims based on “pre-existing” condition exclusions.

A policyholder filed a lawsuit that claimed a major medical insurer was improperly denying medical claims based on pre-policy symptoms that policyholders had experienced. The lawsuit asserted that the insurer, pursuant to Colorado and California law, could only deny claims of “pre-existing” condition if the policyholders had received treatment or medication for the same condition(s).

The insurer settled by agreement to pay the full amount of each policyholder’s unpaid medical bills.

This matter filed in Colorado federal court was settled in 2006, all class members were notified of the settlement and all timely filed claims were paid. (The identity of the insurer may not be revealed.)

If your medical insurer has wrongfully denied your claim(s), please call us at 858-350-1500, or email us at: solutions@eppsteiner.com or click here to contact.

We will consider your situation and advise whether we can help you as we did the Colorado and California policyholder in the matter described above.

 

Current Investigations

Heating Pads Causing Bodily Harm and Property Damage

Did you know that a heating pad’s inherent design can harm you or even burn down your house? Heating pads can reach temperatures of up to 140 degrees, which is capable of causing first-degree burns, and hot enough to potentially start a fire. Eppsteiner Law, APC is actively investigating heating pads produced by Kaz, and marketed under the names “Soft-Heat” and “Dunlap.” If you have suffered injuries or property damage due to a faulty heating pad, please continue for more information.

Faulty Front Load Washing Machines Creating Moldy Build-Up

Many manufacturers of front load washing machines have not designed their gasket and door frame to allow water to drain out of the washer doorframe gasket. These defective designs can cause water to be retained in the bottom of the door and gasket. This water can cause mold to grow in the door frame gasket resulting in bad odor in the machine, your close and potential health risks. Eppsteiner Law, APC is currently investigating defects in Frigidaire washing machines. If you own an Electrolux-designed Frigidaire unit, and would like to be part of our investigation, please continue for more information. If you own a brand of front-load washers other than Electrolux and Frigidaire, we are also interested in hearing about your situation.

Penalty Fees for Customers Cancelling Insurance Policy

Did your insurance company inform you that it would charge a “short rate” penalty if you cancelled your policy? A “short rate” is when an insurance company does not refund all of the unused portion of its policyholder’s premium; that is the insurer charges you a penalty for cancelling your policy before the end of its term. Eppsteiner Law, APC is investigating the practices of Farmers Insurance, which pays “short rate” refunds to its insureds who cancel policies before the expiration of the policy term. The Farmers insureds that contacted Eppsteiner Law, APC were not informed they would be charged a penalty for cancelling their policies. If you cancelled your policy under Farmers or another company before its term expired and were charged a “short rate,” please contact Eppsteiner Law, APC to provide information about your situation and help advance this investigation.

More Refigerator Repair Issues

If you recently purchased a refrigerator and have had these problems:

  • Water leaks that damage your floors
  • Freezer does not freeze
  • Doesn’t make ice

We are currently conducting an investigation that you can read more about here:

You may have questions about:

  • one of our firm’s past or present lawsuits
  • our defective product investigations
  • experiencing problems with a defective product
  • an insurance carrier that are has not paid covered claims
  • a defective product has damaged your home

If you would like to discuss your problem with an attorney, please

 

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