Who is a Class Member
The NIBCO Pex Tubing class action settlement includes:
“All Persons that own or have owned at any time since January 1, 2005, a residential or commercial structure in the United States that contains or contained NIBCO’s Tubing, Fittings, or Clamps, including their spouses, joint owners, heirs, executors, administrators, mortgagees, tenants, creditors, lenders, predecessors, successors, trusts and trustees, and assigns (Occupant Persons) ”
The settlement also provides for:
“All Persons who have standing and are entitled to assert a claim on behalf of any such Occupant Persons, such as but not limited to a builder, contractor, distributor, seller, subrogated insurance carrier, or other Person who has claims for contribution, indemnity or otherwise against NIBCO based on claims for Qualifying Leaks of the Tubing, Fittings, or Clamps with respect to such residential or commercial structures.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Payments to Class Members who submit a valid and timely claim form may include:
- Payment for Past Property Damage Claims for Qualifying Leaks that occurred between January 1, 2005 and the Effective Date are eligible for a payment between 25% and 70% of their Reasonably Proven Property Damage.
- Payment for Future Property Damage Claims for Qualifying Leaks that occur during the Claim Period (after the Effective Date) are eligible for a payment of between 25% and 70% of their Reasonably Proven Property Damage.
- An optional re-plumb payment covering between 25% and 70% of the cost for those who demonstrate three (3) or more Qualifying Leaks, each one occurring at a separate time after repair and in such a manner that re-plumbing all or part of the structure would mitigate future events.
Proof of Purchase
- Depending on the nature of your specific claim, you may need to provide supporting materials.
- Note: Online claim filing will be available on the settlement website by the end of December. However, if you would like file your claim now, you can click the above link to download a paper claim form.
NIBCO Pex Tubing Settlement Notes
- Cole et al. v. NIBCO Inc.
- Case No. 13-cv-7871 (FLW)(TJB)
- Pending in the U.S. District Court for the District of New Jersey
The NIBCO Plex Tubing class action settlement resolves a 5-year contentious legal battle of two nationwide class action lawsuits that claim NIBCO’s PEX 1006 tubing and F1807 yellow brass fittings and stainless steel clamps are defective. These Pex tubing products were primarily used for both residential and commercial purposes.
According to the complaints, the Pex tubing products can leak, leading to water damage. Apparently, the source of the defect is oxidation which causes cracks, ruptures, and subsequent water damage if not treated properly.
Many plaintiffs claim they suffered significant and costly water damage to their property from NIBCO Pex tubing’s flawed design.
NIBCO denies any fault and maintains that the products are not defective.Complete details about the case and settlement are provided on the NIBCO Pex Tubing settlement website.
Class members who wish to object to or exclude themselves from the NIBCO Pex Tubing settlement must do so by Feb. 27, 2019.
Class members who wish to participate in the settlement must submit a claim form. Claim Forms can be submitted starting immediately. Claim Forms are due 150 days after the “Effective Date for Qualifying Leak(s) that occurred between January 1, 2005 and the Effective Date. Claim Forms are due 150 days after the Qualifying Leak occurs if the Qualifying Leak occurs after the Effective Date and before the end of the six year Claim Period”. The Effective Date will be posted on the settlement website once known.
- TBD: Claim Form Deadline
- 2/27/19: Objection or Exclusion Deadline
- 4/8/19: Final Hearing at 8:30 am PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check the settlement website at PEXSystemSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: PEX System Settlement, c/o Claim Administrator, P.O. Box 58086, 1500 JFK Blvd, Suite C31, Philadelphia, PA 19102
- Phone: 1-855-649-5968
- Email: [email protected]
- Shanon J. Carson, Lawrence Deutsch, and Jacob M. Polakoff of Berger Montague PC
- Joseph G. Sauder, Matthew D. Schelkopf, and Joseph B. Kenney of Sauder Schelkopf LLC