Sarah Mirando  |  July 27, 2016

Category: Closed Class Actions

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This settlement is closed!

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image of Lincoln Windows logo

A federal judge has granted final approval to a class action settlement between Lincoln Wood Products Inc. and South Carolina homeowners with Lincoln’s Exterior Glazed windows. If you own a home or other structure in South Carolina with one of these windows, you may be eligible to receive $75 to $600 per window from the class action settlement.

The Lincoln window settlement resolves a class action lawsuit (Schussel v. Lincoln Wood Products Inc.) that alleged Lincoln’s Exterior Glazed Windows manufactured between April 1, 1999 and Jan. 1, 2007 contain defects that have caused, or in the future may cause, water intrusion (leaking) and resulting damage to homeowners’ windows and property. As a result, some homeowners included in the class action settlement have paid for partial replacements of their Lincoln Exterior Glazed Windows when they should not have, according to the plaintiff.

The class action lawsuit alleged claims against Lincoln of negligence, negligent misrepresentation, breach of contract, breach of express and implied warranties, and strict products liability.

Lincoln denies these allegations of wrongdoing and asserts numerous defenses to the claims, but agreed to a settlement in order to resolve the litigation.

On July 11, 2016, U.S. District Judge Richard M. Gergel approved the Lincoln window settlement at a Final Fairness Hearing.

Who’s Eligible

You are a member of the Lincoln window class action settlement if you currently own Lincoln Exterior Glazed Windows, manufactured between April 1, 1999 and Jan. 1, 2007,  installed in a residential or commercial structure in South Carolina.

Further information on how to identify Lincoln Exterior Glazed Windows can be found in the documents “How to Identify Lincoln Exterior Glazed Windows” and “How to Identify Lincoln Exterior Glazed Windows Manufactured Between April 1, 1999 and January 1, 2007, and Exterior Glazed Double Hung Replacement Kits” located on the Settlement Website: www.LincolnWindowSettlement.com.

Potential Award

$75 to 600 per window depending on the location and type of water-related damage.

The settlement agreement breaks down the compensation available to Class Members as:

  • Deteriorated Sash Payment: $525 for each Lincoln Exterior Glazed Window that has one or more Deteriorated Sash. Each Lincoln Exterior Glazed Window is eligible for only one Deteriorated Sash Payment.
  • Deteriorated Frame Corner Payment: $75 for the first Lincoln Exterior Glazed Window with one or more Deteriorated Frame Corners, and $50 for each additional Lincoln Exterior Glazed Window with one or more Deteriorated Frame Corners.
  • Additional Damage Payment: $75 for the first Lincoln Exterior Glazed Window owned by that Settlement Class Member with Additional Damage and $50 for each additional Lincoln Exterior Glazed Window owned by that Settlement Class Member with Additional Damage. Each Lincoln Exterior Glazed Window is eligible for only one Additional Damage Payment, and must first qualify for either a Deteriorated Sash Payment or a Deteriorated Frame Corner Payment.
  • Paid Replacement Kit Refund: Settlement Class Members who qualify for a Paid Replacement Kit Refund may elect to either (1) receive a $250 refund for each paid replacement kit, in which case all warranties on that replacement kit will be forfeited and canceled, or (2) receive no refund and keep any unexpired Lincoln written Limited Warranty that applies to that replacement kit. If you are eligible for a Paid Replacement Kit Refund and do nothing, then by default you will not receive the Paid Replacement Kit Refund and you will keep any unexpired written Limited Warranty on the replacement kit.
Proof of Purchase

You will be asked to include proof of ownership of the Affected Property, evidence that the window is a Lincoln Exterior Glazed Window manufactured during the class period, and evidence that the claimed damage exists (which will include photographic proof). See “Illustrated Instructions and Samples of Required Photographs.”

The Settlement Claim Form, available at www.LincolnWindowSettlement.com, will include instructions, including a list of all documentation that you must provide. The settlement website features product descriptions and photos and examples of the types of documentation that you must provide. You are encouraged to visit the website and review these before filling out your Settlement Claim Form.

Claim Form

REGISTER TO RECEIVE A CLAIM FORM»

NOTE: Claim Forms will not be mailed or made available online until after the Effective Date (see below).

Claim Form Deadline

The deadline to file a claim is 180 days after the Effective Date, which will be 30 days after the Final Approval Date. The settlement was granted final approval on July 11, 2016. If no appeals are filed, then the Claim Deadline could be as early as Feb. 6, 2017.

Case Name

Martin D. Schussel v. Lincoln Wood Products Inc., Case No. 14-cv-01788-RMG, U.S. District Court, District of South Carolina, Charleston Division.

Final Hearing

07/11/2016

Settlement Website

www.lincolnwindowsettlement.com

Claims Administrator

Total Class Solutions, LLC

Mailing Address:
Lincoln Windows Settlement Administrator
P.O. Box 869066
Plano TX 75086

Toll-Free: 1-855-684-6180

Email: info@LincolnWindowSettlement.com

Class Counsel

Justin O. Lucey
JUSTIN O’TOOLE LUCEY, P.A.

Phillip W. Segui, Jr.
SEGUI LAW FIRM, P.C.

John T. Chakeris
THE CHAKERIS LAW FIRM

Defense Counsel

Gordon Davenport, III
FOLEY & LARDNER LLP

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11 thoughts onLincoln Window Class Action Settlement

  1. Sally Frost says:

    I have Lincoln windows that are fogging up…one by one…is it too late for claims?

  2. Michelle Dutton says:

    Hi Rona, See above.

  3. Michelle Dutton says:

    Hi all, We installed 75+ windows (wood clad) in our home in California built in 2000, and many have failed. We replaced many years ago and now need to do many more again. Lincoln is saying we have to pay for these failed windows. It sounds like we need another class action suit. Anybody in touch with an attorney? Happy to help coordinate if people want to form class action.

    1. Lori may says:

      Have you gotten anywhere with them covering your windows?

  4. Rona Goldfarb says:

    Is there a class action suit fir NY? I am looking at over $20000.00 for window and door replacements

    1. Michelle Dutton says:

      Hi Rona, See above.

  5. David W. Staley says:

    Is there a class action lawsuit against Lincoln Windows in Virginia? If so, can you send me information so I can participate.

  6. Sue Hall says:

    We have already paid $2,000 to replace six windows installed in 2002. We have $20,000 more we are worried about. In Huntsville, AL.

  7. Don says:

    I believe that there are many others with the same problem in other states

  8. Jerianne Peele says:

    How were the installation dates for Lincoln Windows decided upon for this lawsuit? We had Lincoln windows installed in the early fall of 1998 and we have the same type of sash deterioration depicted in the lawsuit, in 13 of 19 windows. Very frustrating! Lincoln Windows should stand behind their product!!! I submitted a claim knowing that our windows were not installed within the period of time for the lawsuit and of course, got a total denial of any claim. I will be a terrible advertiser for Lincoln Windows!!!

    1. Don says:

      I had the same problem with all my Lincoln windows and doorwalls. How was it decided that only SC is the only state in the lawsuit? I live in Michigan and Same problem with these junky windows and doors.
      Can a new lawsuit be filed?

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