MI Windows and Doors Tape-Glazed Windows Class Action Settlement

MI Windows and Doors LLC has agreed to settle a class action lawsuit alleging it manufactured tape-glazed windows that leaked. If you own or owned property with windows made by MI Windows, you could qualify for benefits from the class action settlement.

This settlement resolves the following class action lawsuits: Johnson, et al. v. MI Windows and Doors LLC, Lakes of Summerville LLC v. MI Windows and Doors LLC, and all other cases pending in the multidistrict litigation known as In re: MI Windows and Doors Products Liability Litigation.

The class action lawsuits alleged that tape-glazed windows manufactured by MI Windows and Doors contain defects that allow water intrusion that caused damage to the windows and to the plaintiffs’ property. Some window owners have allegedly already paid for repairs to their property due to this alleged defect, and some window owners may have to pay for future repairs of their windows.

The plaintiffs asserted allegations of negligence, negligent misrepresentation, breach of contract, breach of express warranty, products liability and breach of implied warranty of merchantability against MI Windows and Doors.

MI Windows and Doors denies the allegations but agreed to settle the class action lawsuits to avoid the expense and uncertainty of ongoing litigation. The class action settlement was approved on July 22, 2015.

Who’s Eligible

Two Classes have been certified for the MI Windows and Doors class action settlement.

Homeowner Settlement Class. You are a member of the Homeowner Settlement Class if you purchased or came into ownership of affected property containing MI Windows and Doors’ product, or if you are a person who has a legal obligation to maintain or repair the product.

Contractor/Construction Settlement Class. You are a member of the Contractor/Construction Settlement Class if you, while engaged in the business of residential construction, were involved in any respect in causing MI Windows and Doors’ product to be acquired for or installed into affected property. Class Members include contractors, developers, subcontractors and others.

Potential Award

Varies. The amount each Class Member is eligible to receive depends on the type of damage, and whether you are a homeowner or a contractor.

Monetary Damages for Consequential Water Staining or Other Damage – Homeowner Class and Contractor/Construction Class

• $250 payment if you have Consequential Water Staining at up to two separate openings.
• $500 payment if you have Consequential Water Staining at three or more separate openings, or a single window with Consequential Water Damage resulting in Degradation of Building Materials (damage) that are within eight inches of the MI Windows and Doors window sill.
• Note: These first two levels of compensation will be calculated by the Claims Administrator on the windows you identify in the Claim Form based on the photographs you are already submitting.

Monetary Damages for Extensive Consequential Water Damage – Homeowner Class

• Up to $2,500 payment if you have the following Extensive Consequential Water Damage:
  • A single Window with resulting Degradation of Building Materials (damage) commencing within and extending more than eight inches from the window sill; or
  • Seven or more windows with resulting Degradation of Building Materials within eight inches of the MI Windows and Doors window sill.

Monetary Damages for Extensive Consequential Water Damage – Contractor/Construction Class

• Up to $2,000 payment if you have the following Extensive Consequential Water Damage:
  • A single Window with resulting Degradation of Building Materials (damage) commencing within and extending more than eight inches from the window sill; or
  • Seven or more windows with resulting Degradation of Building Materials within eight inches of the MI Windows and Doors window sill.

Proof of Claim

Photographs are needed to verify your Claim. Generally photographs or videos are required to:

• Confirm that MI Windows and Doors was the manufacturer of the windows used in your residence;
• Show the leaking or compensable window condition;
• Show the damages that have resulted from the leaking;
• Identify the home for which a Claim is being made.

To complete your claim, you must submit the Claims Form Notary Section completed by a notary in your state. If you are having trouble finding a Notary, check with your local bank, credit union, post office, court house or state website.

Claim Form

Claim Form Deadline

10/26/15 for:

• Homeowners who paid for repairs previously, and
• Contractor/construction Class Members with covered leaks and consequential window damage.

12/28/15 for:

• Homeowners with covered leaks and consequential window damage, and
• Homeowners with residue lines on sashes but no adjacent staining or damage.

Case Name

In re: MI Windows and Doors Products Liability Litigation, MDL No. 2333, in the U.S. District Court for the District of South Carolina, Charleston Division

Final Hearing

6/30/15

Settlement Website

www.MIWDTapeGlazedWindowSettlement.com

Claims Administrator

MI Windows Claims Administrator
P.O. Box 3230
Portland, OR 97208-3230
1-888-668-8198
[email protected]

Class Counsel

Homeowners Class Counsel:

Justin Lucey
LUCEY LAW FIRM

Daniel K. Bryson
WHITFIELD BRYSON & MASON LLP

Contractors Class Counsel:

H. Blair Hahn
RICHARDSON PATRICK WESTBROOK & BRICKMAN LLC

Walter H. Bundy
SMITH BUNDY BYBEE & BARNETT

Defense Counsel

Carol C. Lumpkin
Richard A. Farrier
K&L GATES LLP