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Certainteed Organic Roofing Shingles Class Action Reaches Potential Settlement


This is a settlement for the Defective Product lawsuit.

CertainTeed Corporation and Counsel for the Plaintiffs in In re: CertainTeed Corporation Roofing Shingles Products Liability Litigation, MDL Docket No. 1817 (E.D. Pa), announced today that they have entered into an agreement to settle a class action alleging that organic asphalt shingles manufactured by CertainTeed from July 1, 1987 through 2005 are subject to premature failure and otherwise do not perform in accordance with the reasonable expectations of users.

Organic shingles were made with a felt reinforcement material, as contrasted with the fiberglass reinforced material used in CertainTeed shingles today. The settlement relates to organic shingles under the brand names Hallmark Shangle, Independence Shangle, Horizon Shangle, Custom Sealdon, Custom Sealdon 30, Sealdon 20, Sealdon 25, Hearthstead, Solid Slab, Master Slab, Custom Saf-T-Lok/Saf-T-Lok and the Custom Lok 25. The Horizon, Independence, Hallmark, and Hearthstead brands were marketed in both organic and fiberglass formulations, but only organic shingles, which CertainTeed no longer manufactures, are covered by the Settlement Agreement.

Although the settlement covers potential class members throughout the U.S. and Canada, the organic shingles in question were sold primarily in the upper Midwestern states and in the Canadian provinces north of those states.

The settlement agreement provides enhanced compensation for the removal and replacement of organic shingles during the warranty period. The amount paid per claimant depends upon a number of factors such as (1) whether the claimant originally purchased the shingles; (2) the terms of the warranty; (3) how many damaged shingles are on the roof; (4) how long the shingles have been on the roof; (5) whether the shingles are damaged as defined in the Settlement Agreement; (6) whether the damage was due to a manufacturing defect or was caused by circumstances outside of CertainTeed's control; and (7) whether the claimant has already settled the warranty claim under CertainTeed's standard warranty. The amount paid per claimant is fixed as specified in the Settlement Agreement and will not be affected by the number of people who file claims under the settlement.

Potential class members have legal rights under the settlement. For example, class members must decide whether to stay in the class and obtain the settlement's benefits. If they do not want to participate, they must opt out by May 11, 2010. If they do not opt out, they will be automatically bound by the terms of the settlement. If they want to stay in the class, they need do nothing at this time, although class members who want a distribution from the settlement must file a claim form by the deadline that applies to their particular situation. The deadline for filing claims ranges from 90 days to 25 years, depending on the individual circumstances of the claim.

Because this is a class action settlement, the agreement must be approved by a judge - in this case a hearing will be held on June 8, 2010 concerning approval of the settlement.

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Published on Feb-11-10

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