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.
- A settlement has been proposed in a class action lawsuit against Defendant NIBCO Inc. (“NIBCO”) in which it was alleged that NIBCO PEX 1006 Tubing, NIBCO F1807 Fittings, and/or NIBCO Stainless Steel Clamps (the “Covered Products”) are defective and can leak causing water damage. NIBCO denies these allegations and rejects the claim that there is anything wrong with these products, but has agreed to the settlement described in the Notice.
- If you are a Settlement Class Member (defined below), you may qualify for monetary benefits under the proposed Settlement for past or future reasonably proven and unreimbursed reasonable costs incurred in connection with: (a) the repair or replacement of the pertinent section(s) of Tubing, Fittings, and/or Clamps as a direct result of a Qualifying Leak (defined below); (b) the repair or replacement of other property damaged as a direct result of a Qualifying Leak; and (c) the material and labor costs reasonably necessary to bring the residential or commercial structure and its contents back to the same finish and quality as existed before the Qualifying Leak. You may also qualify for a re- plumb remedy if you have experienced or experience Multiple Qualifying Leaks.
- The proposed Settlement has been preliminarily approved by the Court. The Notice provides information about the Litigation, the Settlement, and your options as a Settlement Class Member. Please read the Notice carefully because it affects your legal rights.
| 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 |
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 |
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. |
- The date and time of the Final Approval Hearing is subject to modification by the Court so please check this website for updates.