Imagine buying some windows for your home only to discover the windows are defective and allow water to seep in and rot the surrounding wood. Most people would not be happy. Unfortunately this is not a fictional tale. In the class action lawsuit entitled Saltzman, et al. v. Pella Corp., et al. , plantiffs clam that Pella ProLine windows contained a design defect that allows water to seep behind the aluminum cladding and cause wood rot. Most of the windows are no longer under warranty and the lawsuit is attempting to recover the losses Pella window owners suffered. The lawsuit is in the jurisdiction of the United States District Court for the Northern District of Illinois, Eastern Division. Pella denies any actions of wrong doing in the case and claim that the wood rot was cause by factors not associated with the window design. Pella has still agreed to a settlement in order to avoid a lengthy court battle. Class members in the case are defined as anyone in the US who purchased Pella ProLine brand casement, awning and/or transom windows manufactured by Pella Corporation between the years of 1991 and 2006. A class member can file a claim for a cash payment and a possible reimbursement on repairs or replacement of the window(s), including certain discounts and cash reimbursements. Class members may receive up to $750 per structure that contains/contained the eligible Pella ProLine products. In order to be eligible for any type of settlement payment you MUST file a claim before July 23, 2013. WindowSettlement.com provides the claim form that can be filed online or by mail. If filing the claim by mail please send it to:
Window Settlement
PO Box 2876
Portland, OR 97208-2876
You do not need a lawyer if you would like to be a part of the class settlement. The court has assigned the law firm of Complex Litigation Group, LLC to represent the class members. Richard J. Burke and Paul M. Weiss, and Julie Miller are the lawyers that have been picked from that firm.
A fairness hearing in the Pella ProLine Window Lawsuit Settlement will be held on April 9, 2013 at 11am. The hearing will take place at Everett McKinley Dirksen Building, Rm. 2588, 219 S. Dearborn St., Chicago, IL 60604 if you wish to attend. Please note class members are not required to attend in order to receive a settlement payment. The settlement agreement, the class notice (long and short forms) and the preliminary court approval can be found at the class administrators web portal.
