Panel Grants Parker Waichman LLP Motion to Consolidate MI Windows and Doors Lawsuits in South CarolinaApr 25, 2012 | Parker Waichman LLP
Parker Waichman LLP's motion to have lawsuits over allegedly defective windows manufactured by MI Windows and Doors, Inc. consolidated in a multidistrict litigation and transferred to federal court has been granted. In a Transfer Order dated April 23, 2012, the Judicial Panel on Multidistrict Litigation (JPML) ordered that the cases be transferred to the U.S. District Court, District of South Carolina. The Honorable Chief Judge David C. Norton will be presiding over the MI Windows and Doors litigation.
"We are pleased with the JPML’s decision to consolidate and transfer the case to the District of South Carolina before the Honorable Chief Judge David C. Norton,” states Jordan Chaikan, Partner at Parker Waichman LLP. “The skill and experience Judge David C. Norton brings to this case will steer this litigation on a prudent course.”
Parker Waichman LLP had moved to have the lawsuits transferred to South Carolina on behalf of their client, Craig Hildebrand. Currently, five lawsuits are pending against MI Windows and Doors in five federal jurisdictions. In ordering the transfer, the Panel found that all five actions pending so far involve common questions of facts. Plaintiffs allege that various windows manufactured by the company contain one or more defects that result in the loss of seal at the bead along the bottom of the glass, allowing water to enter the inside of the window and leak into structures owned by plaintiffs and putative class members.
MI Windows and Doors had opposed the consolidation, asserting it would be inappropriate. But the Panel found that the District of South Carolina “will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.” The Order also points out that “one of the earliest filed and most advanced actions is pending in that district, and Judge David C. Norton, an experienced transferee judge, is familiar with the litigation.”