California and Colorado Class Action Attorneys

Lawsuits & Investigations

The investigations and class action lawsuits Eppsteiner & Fiorica 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 has 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 & Fiorica 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.

If you have Viking 3000 windows, please continue on for more information on the Viking Windows class action lawsuit, call us at toll-free 866-548-8857, or complete the Viking Window Class Member Information Form now. (Viking 3000 series Class Certification Order)

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.

If your windows or doors have failed, caused leaks or are not living up to its manufacturers' promises, please call us at 866-548-8857, or send an email to: solutions@eppsteiner.com or click here to contact.

We will consider your situation and advise whether we can help you as we have helped other Californians and Coloradans whose construction products were defective.

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.

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

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.

If you have Merzon windows in your home or if other windows or doors have failed, caused leaks or are not living up to its manufacturers' promises, please call us at 866-548-8857 to discuss the problems you have, or send an email to: solutions@eppsteiner.com or click here to contact.

We will consider your situation and advise whether we can help you as we have helped other Californians and Coloradans whose construction products were defective.

Milgard Aluminum Sliding Glass Doors & Windows

Milgard Corporation is one of largest producers of aluminum and vinyl windows in the Western United States. Milgard has been sued in the California Superior Court for Solano County. The lawsuit was brought due to homeowner complaints about damage around and leaks from Milgard windows. The Plaintiffs tested the Milgard aluminum windows and confirmed that they failed to perform in accord with their reported performance level.
Milgard touted a Lifetime Warranty, but during certain time periods attempted to restrict it's Lifetime Warranty to original purchasers of a home. Milgard's slight of hand was based on the assumption that most Californian's only own a home for 5-7 years before they sell. Thus with Milgard's restriction on its "Lifetime Warranty" it is our opinion that its initial Lifetime Warranty only provided a five to seven year warranty. An issue in the litigation is whether Milgard's promises in advertisements and marketing materials that their windows had Lifetime Warranties, that had no stated limitation, could be limited by the wording in a document that looked like a Certificate and was labeled "Warranty." At Eppsteiner & Fiorica, we believe the blatant unfairness and deception is clear and that Milgard gave multiple warranties in this circumstance. One may have an initial homeowner limitation but the advertisements that its windows had Lifetime Warranties created an unqualified Lifetime Warranty.

In 2006 Plaintiffs moved for class certification, which was denied. The Court of Appeal sustained the trial court's decision.  The Milgard litigation is still pending.

We will consider your situation and advise whether we can help you as we have helped other Californians and Coloradans whose construction products were defective.

DeckLite Roofing Litigation

DeckLite was a product developed by Lifetile, a subsidiary of Boral. The product was sold to replace Wood Shake roofs that had worn-out and needed to be replaced with a combustible roofing product.

Wood Shakes, unless treated with a fire retardant, cannot be installed in many parts of the U. S., because they spread fire so easily.

An impediment to replacing Wood Shake roofs with concrete tile roofs is that concrete tile weigh much more than Wood Shakes and usually roofs framed to support the lightweight Wood Shakes are not strong enough, yet manufacturer claimed, to support a concrete tile roof.

DeckLite was claimed to be a product that was light enough that roofs usually would not need to be reframed for its installation, and were strong enough to be walked on without the DeckLite tile breaking.

Most DeckLite roofers and owners found that DeckLite was not strong enough to be walked on without breaking the tiles. This breakage happened when roofers walked on the DeckLite during installation, but the problems continued when owners walked on their roofs to clean gutters, hang Christmas lights, clean skylights or windows above the roofline.

The defects in DeckLite, and Monier Lifetile's refusal to voluntarily replace the DeckLite roofs at Garden Estates, a condominium project in Orange County California, forced that homeowners' association to sue Monier LifeTile to recover the cost to remove and replace its DeckLite roof.

The Garden Estates HOA was able, through Eppsteiner & Fiorica's representation to recover the money needed to remove and replace its DeckLite roofs.

Monier and Lifetile no longer sell DeckLite.

If your roofing product has failed, caused leaks or is not living up to its manufacturers promises please call us at 866-548-8857, 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 have helped other Californians and Coloradans whose construction products were defective.

Insurance Litigation

Medical Insurance Claim Denial Based On Pre-Existing Symptoms Paid

California & Colorado law require 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 was 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 866-548-8857, 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

Viking Refrigerators with Freezers Causing Floor Flooding

Eppsteiner & Fiorica has been contacted by homeowners with complaints that certain Viking refrigerators models with freezers have experienced flooding due to heavy condensation build up. This flooding can cause major damage to floors, especially wooden floors, walls and ceilings of the room below the unit. This faulty design is common enough where Viking has reported it to repairman and resellers, but has yet to announce an official recall. If you have been the victim of house flooding due to faulty refrigerator design, please continue for more information on how you can be part of our investigation.

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 140 degrees, which is capable of causing 1st degree burns, and hot enough to potentially start a fire. Eppsteiner & Fiorica 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 & Fiorica 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 & Fiorica 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 & Fiorica were not informed they would be charged a penalty for cancelling their policies. If you cancelled your policy, Farmers or other company, before its term expired and were charged a “short rate” please contact Eppsteiner & Fiorica to provide information about your situation and help advance this investigation.

If you have questions about:

• One of our firm's past or present lawsuits
• Our defective product investigations
• Are experiencing problems with a defective product
• An insurance carrier that has not paid covered claims
• A defective product has damaged your home

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

• Call our California or Colorado law office at 866-548-8857
• Email us at: solutions@eppsteiner.com
• Email us through the contact form