Parker Waichman partner, Jordan L. Chaikin, has just been appointed to a leadership role in the MI Windows and Doors litigation, the national law firm announced. The case is currently underway in U.S. District Court, District of South Carolina.
Mr. Chaikin was appointed to the Homeowner Plaintiffs’ Steering Committee (HPSC) for In Re: MI Windows and Doors, Inc. Products Liability Litigation (MDL 2333), by the Honorable David C. Norton in a Case Management Order dated September 10, 2012.
All of the lawsuits currently pending in the MI Windows and Doors, Inc. Products Liability Litigation involve allegations that various windows manufactured by the company contain at least one defect that resulted in the loss of the seal at the bead along the bottom of the glass. This seal loss led to water entering inside the window and leaking into structures owned by the homeowner group and putative class members.
The MI Windows and Doors, Inc. Products Liability Litigation was created by the U.S. Judicial Panel on Multidistrict Litigation via a Transfer Order dated April 23, 2012. According to Judge Norton’s September 10 Case Management Order, the HPSC will consult with the homeowners’ lead attorney to coordinate pre-trial activities and trial planning.
The consumers involved in the class action accuse MI Windows and Doors of negligence in the manufacture and advertising of its single hung 8500/3500windows. Consumers have complained of moisture and water intrusion that led to mold and mineral deposits that damaged homes and property.
Pennsylvania MI Windows and Doors, Inc., is one of this country’s largest manufacturer of vinyl, aluminum, and cellular windows and doors. Marketing materials developed for MI Windows and Doors’ single hung windows promised that the products were free from defects in material and workmanship.
Homeowner allegations include that MI Windows and Doors knew of its products’ defect, but never notified all of its customers who purchased the 8500/3500 single hung windows nor did MI Windows and Doors offer a remedy. Despite knowledge of its products’ defect, MI Windows and Doors’ express warranty—which it provided—does not cover labor or installation costs associated with replacement, nor does the warranty cover subsequent purchasers of a home that contains these windows.
Owners of homes that contain these single hung windows have been forced to pay substantial costs for labor and installation of replacement windows and to repair or replace other property in their homes because of the windows’ alleged defects. Home values for homes outfitted with these windows have also been diminished over the alleged defect and related damage the plaintiffs allege.