ALABAMA AND TEXAS PEX SETTLEMENT

Matson v. NIBCO Inc., Case No. 19-cv-01137-RBF-JKP (Western District of Texas), and

Garrett. v. NIBCO Inc., Case No. 19-cv-01137-RDP (District of Alabama)

UPDATE:

The Court granted Final Approval of the Settlement on October 20, 2021. Please click here to review the Final Approval Order. An appeal has been filed by the single objector to the settlement. Under the settlement, claims will not be paid unless and until the appeal is resolved in favor of upholding the settlement.

The appellate briefing is scheduled to conclude by April 7, 2022, and NIBCO and the class representatives are hopeful that a decision will issue before the end of 2022.

The settlement administrator will begin reviewing claim submissions even while the appeal is pending so that settlement proceeds can be paid as quickly as possible if and when the settlement is upheld on appeal. Eligible class members therefore should continue to file claims here. Filing complete Claims promptly and addressing any Claims issues identified by the Administrator can help ensure prompt payment of settlement proceeds to eligible claimants.

Please continue to check the website for updates.

If (a) you owned or occupied a residential structure in certain Alabama and Texas cities set forth below, that contains or contained NIBCO 1006 Tubing (“Tubing”), NIBCO F1807 Fittings (“Fittings”), and/or NIBCO Stainless Steel Clamps (“Clamps”); and/or (b) you paid for repairs or damages resulting from a Qualifying Leak from NIBCO Tubing, Fittings, or Clamps in such residential structures, then you should read this Notice of Class Action Settlement because you may be entitled to benefits from a class action settlement.

Your Legal Rights and Options In This Settlement

Submit a Claim Form

To receive cash reimbursement for Reasonably Proven Property Damage due to a Qualifying Leak and/or a re-plumb remedy, you must submit a Claim Form by the deadlines described and listed on this website.

Request Exclusion / Opt-Out
Deadline: May 10, 2021

This option, described in detail below, allows you to sue or continue to sue NIBCO and certain others regarding claims that the Covered Products are defective. If you opt-out, you will not be bound by any of the terms of the Settlement but you will also not be entitled to submit a Claim Form for monetary benefits from the Settlement.

Object
Deadline: May 10, 2021

You are entitled to submit a written objection telling the Court what you do not like about the Settlement pursuant to the procedures described in detail below. You cannot request exclusion and object.

Attend the Final Approval Hearing Scheduled for September 9, 2021

You are entitled to attend the Final Approval Hearing at which time the Court will consider whether to grant final approval of the Settlement.

Do Nothing

If you are a Settlement Class Member and do nothing, you will be bound by the terms of the Settlement if it is approved by the Court, whether or not you submit a Claim Form, and you will be subject to the release of claims set forth in the Settlement.