IKO Status Update – May 7, 2015

Plaintiffs appealed Judge Baker’s January 28, 2014 decision denying class certification and were successful in obtaining a reversal of the decision. On July 2, 2014, The Court of Appeals for the Seventh Circuit found that there were multiple grounds upon which the district court judge could certify the class. The Seventh Circuit court of appeals then remanded the case to Judge Baker for proceedings consistent with the order.

On March 4, 2015, Plaintiffs filed a renewed motion for class certification. IKO has until July 30, 2015, to respond to Plaintiffs’ motion. Plaintiffs will then submit a reply brief on August 31, 2015. A hearing on class certification will be scheduled sometime thereafter. Meanwhile, on October 22, 2014, IKO filed additional summary judgment motions which Plaintiffs have opposed. A ruling on these summary judgment motions is forthcoming.

Case Update - Canadian Litigation

Canadian Class Certified

On July 19, 2012, the Ontario Court certified a national Canadian class on behalf of all persons that own or have owned, lease or have leased, and all those who have or may pursue claims through or in the name or right of those who own or have owned, lease or have leased buildings in Canada that contain or have ever contained IKO organic shingles. The defendants have a right to seek leave to appeal certification. We have sent the contact information provided to us by Canadian consumers to Siskinds law firm. Any additional communication regarding the Canadian lawsuit should be with Siskinds.

For those consumers in Canada with IKO shingles please contact Siskinds law firm toll-free at 1-800-461-6166 ext 2446 or by email at ikoclassaction@siskinds.com or visit their website at www.classaction.ca/actions/products-liability/current-actions/iko-roofin...

Case Update February 2014

On January 28, 2014, Judge Harold Baker denied Plaintiff's Motion for Class Certification.

In his ruling, Judge Baker reasoned that the evidence provided to the Court was insufficient to support a finding that Plaintiffs have each experienced the same type of damage. In particular, Judge Baker disagreed with Plaintiff's attorneys that the damages experienced by consumers resulted from the company's failure to manufacture and test shingles using industry standards. He noted, "installation, weather, and other issues factor into each plaintiff's claimed injury."

We strongly disagree with Judge Baker's ruling and we intend to appeal the denial of class certification. We will continue to provide updates throughout the appeal process.

Class Certification Hearing Yet to Come

The Court issued a ruling on May 10, 2013, but did not rule on class certification.

Judge Baker ruled on several of Plaintiffs’ claims, requiring substitution of class representatives and amendments to the remaining claims against IKO. Based on these rulings, the scheduling order has been amended to allow Plaintiff’s additional time to modify their claims as required by the court’s decisions.

Plaintiffs will file their amended motion for class certification on June 24, 2013, and Defendants will respond within 30 days. We anticipate that the judge will then hear arguments on the Motion and issue a ruling sometime after that.

We know that these lawsuits seem to take a long time, and often they do – even though the parties have worked hard to keep things moving forward. This is the challenging nature of litigation. We thank you for your interest in the case. Please continue to monitor the website for additional updates.

Case Update March 2013

The District Court has modified the briefing schedule regarding the hearing on the motion for class certification.

The motion for class certification will be filed after the court rules on the pending motions for summary judgment. The hearing on the motion for class certification, originally scheduled for mid-April, has been rescheduled for May 9, 2013.

We will continue to provide updates as the Judge issues his decisions.

Case Update December 20, 2012

District Court Judge has set a briefing schedule for class certification and Defendant's Motion for Summary Judgment.

On December 5, 2012, Judge Baker entered a Case Management Order that established the following dates and deadlines. The Motions for Summary Judgment remain pending. The court intends to rule on the motions no later then February 1,2013. The plaintiffs will file an Amended Motion for Class Certification no later than February 22, 2013. The Defendants must file a response to the Amended Motion for Class Certification no later than March 7, 2013, and the Plaintiffs shall reply no later than March 21,2013. Following the Court's review of the motions, the Court will issue a ruling on class certification. We are hopeful that the Judge will issue a decision in the late spring or early summer; however the Judge may take more time. We will continue to provide updates as the Judge issues his decisions.

IKO's Warranty / "Goodwill Release Offer"

October 10, 2012 - Status Unchanged
District Court Judge has not ruled on class certification

IKO Warranty ~ ‘Goodwill Release Offer’

Many individuals have contacted IKO regarding warranty claims and have received a ‘goodwill release offer’ from the company. Typically, this warranty offer will cover the cost of prorated materials and you will be given a 30 day period within which to accept or reject IKO’s offer. The decision to accept or reject IKO’s offer is a personal one and you will need to take your individual circumstances into consideration. In weighing your options you may find it useful to consider the following:

- You can accept IKO’s warranty / ‘goodwill release offer’ in which case you would sign a release of your claims against the company and most likely would not be able to participate in any potential class action settlement down the line.

Case Update May 2012

On March 27, 2012, the Court issued an order in response to Plaintiffs’ and IKO’s motions to exclude the other’s expert from testifying in this case. After hearing live testimony and reading each party’s briefings, the Court concluded that both experts were qualified to testify, but that IKO’s expert, Mr. Ricketts, was not qualified to testify about IKO’s success in the marketplace.

More Sources for News and Case Updates

Halunen & Associates is pleased to announce that we are now on Facebook and Twitter! We will be posting IKO case updates on both social media platforms, along with the IKO litigation website. We will also be posting other interesting news regarding employment and consumer issues and new investigations. Find us on Facebook at http://www.facebook.com/HalunenLaw and follow us on Twitter @Halunenlaw or https://www.twitter.com/#!/HalunenLaw.

At this time, we are still awaiting a ruling on our Motion for Class Certification, which will hopefully be issued this upcoming summer or early fall. We will update those who have contacted us once we receive a ruling on this matter. We will also post the update on our Facebook and Twitter page!

Case Update March 2012

The litigation has been going on for about 3 years. At this point we have concluded the Class Certification Discovery phase of the litigation. A Motion for Class Certification was filed on January 5, 2012 and we are currently awaiting a ruling on that Motion. We are hopeful for a decision late this summer or upcoming fall, although the judge may take more time. We will update those people who have contacted us regarding the ruling on our Motion for Class Certification.

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