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.
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.
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.
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.
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.
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!
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.
The list of shingles involved in this lawsuit has been updated and expanded. The list now includes, and identifies, CRC branded shingles that are part of the class action lawsuits. To view the list of shingles that are part of the lawsuits, click "Shingle List" at the top of this page, or click here.
The named plaintiffs in the class action lawsuits against IKO have filed their Consolidated Complaint in the United States District Court for the Central District of Illinois. The lawsuits allege that IKO designed, manufactured, and sold defective shingles to homeowners throughout the United States.
The shingles are curling, cracking, falling off buildings, rapidly deteriorating, and otherwise not performing as promised. The lawsuit further alleges that IKO did not take the appropriate steps to remedy the problems. The lawsuit seeks damages for the cost of replacing the defective shingles, labor, disposal and other related expenses. If the court certifies the proposed class, then all individuals who own properties with defective organic IKO shingles that fall within the class as defined by the court will be covered by this lawsuit.
We are in the process of conducting laboratory tests of various IKO organic shingles. We are currently seeking individuals who have samples of used and new IKO organic shingles to send samples to our office for testing by an expert. Many people find that they have unused extra shingles in their garage, attic, or basement. If you have both (1) a sample of a used IKO organic shingle that is displaying signs of a defect, and (2) an unused sample of the same type of shingle, please contact us and indicate that you have a sample.