A settlement website is active after a $30 million settlement agreement in the Lumber Liquidators flooring class action lawsuit was preliminarily approved by a federal court on Dec. 18.
While the website is live, it is not accepting claims yet. Top Class Actions will provide claim filing instructions as soon as they become available.
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In 2014, the lead plaintiffs lodged a complaint against Lumber Liquidators Inc. over allegations regarding the company’s Morning Star Bamboo Flooring.
The plaintiffs said the flooring was prone to warping, cracking, and shrinkage long before it reached the end of its 30 year warranty period.
The original plaintiff claimed that her flooring began splintering and showing signs of wear and tear after normal use only a year after it was installed.
Class Members in the Lumber Liquidators class action settlement include those in the United States who purchased the Morning Star Strand Bamboo Flooring during the period between Jan. 1, 2012 and March 15, 2019. There are estimated to be 300,000 Class Members.
Under the terms of the $30 million Lumber Liquidators class action settlement, $14 million will be paid out in cash and another $14 million will go out as store credit to Class Members. An additional $2 million in store credit will reportedly be added if necessary. Class Members will be able to choose between cash and store credit.
The lead plaintiffs requested a $7,500 service award each and the plaintiffs’ attorneys have requested $9.3 million in fees, noting that they had to perform complex and substantial discovery to litigate the case.
According to the order preliminarily approving the Lumber Liquidators class action settlement agreement, the case has gone through five years of litigation, six complaints, and three judges.
“At the hearing on the pending motion for preliminary approval, the court expressed skepticism about the proposed settlement,” notes the order. Issues included Lumber Liquidators’ financial situation and the requested attorneys’ fees, and the court required additional briefing before agreeing to preliminarily approving the settlement agreement.
“Among the issues highlighted in that briefing is Lumber Liquidators’ dire financial situation. In particular, the company’s stock price has declined precipitously since this case was filed,” notes the order. “While plaintiffs estimate their recovery, if they were to prevail at trial, to be at least $180 million, the company now has less than $12 million in cash on hand.”
The order also cautions the plaintiffs’ attorneys about their requested fees. “[C]lass counsel is advised that they are unlikely to recover anything close to the suggested $9.3 million in attorney fees,” notes the order.
Did you purchase Lumber Liquidators Morning Star Strand Bamboo Flooring? Tell us more in the comments below!
The lead plaintiffs and Class Members are represented by Jeffrey B. Cereghino of Cereghino Law Group, Michael F. Ram of Robins Kaplan and Charles J. LaDuca, Brendan Thompson and Ralph Michael Smith of Cuneo Gilbert. The class is also represented by Beth E. Terrell and Jennifer Rust Murray of Terrell Marshall Law Group, Jordan L. Chaikin of Chaikin Law Firm PLLC, Daniel C. Calvert of Parker Waichman LLP, Michael McShane and Jonas P. Mann of Audet & Partners LLP, Robert K. Shelquist and Rebecca A. Peterson of Lockridge Grindal Nauen PLLP, Charles E. Schaffer of Levin Fishbein Sedran & Berman and Erica C. Mirabella of Mirabella Law LLC.
The Lumber Liquidators Defective Bamboo Flooring Class Action Lawsuit is Gold v. Lumber Liquidators Inc., Case No. 3:14-cv-05373, in the U.S. District Court for the Northern District of California.
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