Emily Sortor  |  June 19, 2018

Category: Consumer News

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A federal judge granted initial approval of a $36 million settlement deal resolving multidistrict litigation over alleged formaldehyde in Lumber Liquidators laminate wood flooring.

U.S. District Judge Anthony J. Trenga gave preliminary approval to a $22 million cash and $14 million voucher settlement deal that would end litigation claims that the flooring made by Lumber Liquidators produces well above the legal levels of formaldehyde emissions.

The Lumber Liquidators settlement will also resolve claims that the laminate flooring wasn’t as durable as advertised.

In the settlement deal, consumers will form two settlement Classes — one group of consumers that purchased the laminate flooring between Jan. 1, 2009 and Dec. 31, 2010, when the legal limit for formaldehyde emissions was .21 parts per million, and a second Class of consumers who bought the flooring between Jan. 1, 2011 and May 31, 2015, when the legal limit for emissions was .11 parts per million.

Consumers in the second Class also claim that the flooring was not as durable as advertised, whereas the durability claims do not apply to the first Class of consumers.

Allegedly, the Lumber Liquidators’ flooring scratched, chipped, warped and stained easily, though it was advertised as durable. Consumers in the second Class are eligible for vouchers and are eligible for a larger portion of settlement funds because legal standards were stricter during the time period in which they purchased their flooring.

A lawyer representing the Lumber Liquidators consumers told Law360 “We are very pleased with the order and we believe that the settlement includes substantial benefits to approximately 1 million class members, through a combination of cash and store credit vouchers to allow the class members to obtain replacement flooring.”

The Lumber Liquidators formaldehyde multidistrict litigation claimed that the company’s laminate flooring produced formaldehyde emissions that were at least six times the legal limit, and in some cases, the flooring produced emissions as much as 20 times the legal limit.

After numerous Lumber Liquidators class action lawsuits were filed over the same issue, starting on March 3, 2015, the claims were consolidated into a multidistrict litigation in June of that year.

The Lumber Liquidators flooring class action lawsuits were brought on after “60 Minutes” released a story that claimed that the company actively misrepresented laminate flooring shipped from China. According to the story, the company claimed that the flooring complied with California’s emissions regulations, when in fact, it did not.

The Lumber Liquidators settlement deal does not imply liability on the part of Lumber Liquidators, as the court made clear in their statement. However, in May 2015, the company did discontinue sales of the flooring in question “out of an abundance of caution.”

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The Lumber Liquidators plaintiffs are represented by attorneys Steven J. Toll of Cohen Milstein Sellers & Toll PLLC, Niall McCarthy of Cotchett Pitre & McCarthy LLP, Alexander Robertson IV of Robertson & Associates LLP, Daniel K. Bryson of Whitfield Bryson & Mason LLP, Steve W. Berman of Hagens Berman Sobol Shapiro LLP, and Robert R. Ahdoot of Ahdoot & Wolfson PC.

The Lumber Liquidators Formaldehyde MDL is In re: Lumber Liquidators Chinese-Manufactured Flooring Products Marketing, Sales Practices and Products Liability Litigation, MDL No. 2627, in the U.S. District Court for the Eastern District of Virginia.

The Lumber Liquidators Durability MDL is In re: Lumber Liquidators Chinese-Manufactured Flooring Durability Marketing and Sales Practices Litigation, MDL No. 2743, in the U.S. District Court for the Eastern District of Virginia.

UPDATE: July 2018, the Lumber Liquidators flooring class action settlement is now open.Click here to file a claim. 

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69 thoughts onLumber Liquidators $36M MDL Settlement Granted Preliminary Approval

  1. donald ray lewis jr says:

    it has ben a long time and no response

  2. E.C. Phillips says:

    add me

  3. Laura hatchel says:

    Please add me!! Have lost 2 dogs and a cat to leukemia and tumors! Still have a dog fighting to live with tumors and a grand dog who gets allergies and skin problems when visiting! What is it doing to me????

  4. Charles Spivey says:

    Please let me know, I purchased flooring and it chipped and cracked in several places. Had to replace the floor.

  5. Jim Robinett says:

    Please add me to this, the product they sold me is cheap and not worth having! It wraps very quickly!

    1. Top Class Actions says:

      TCA will let our viewers know as soon as the settlement website is available.

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