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.
By way of background to this order, both Plaintiffs and IKO have presented expert witnesses to the Court to provide their opinions as to whether IKO’s organic roofing shingles are uniformly defective. Plaintiffs’ expert witness, Dean Rutila, concluded through laboratory testing that the organic shingles produced by IKO fail to meet industry standards as set forth in the ASTM D225. He identified multiple common defects in the shingles that would result from the failure to satisfy those standards. IKO used Mr. John W. Ricketts, a former roofing shingle manufacturing business executive, as their expert witness in this case. Mr. Ricketts testified that if IKO’s products were defective, IKO would not have grown to the extent it has over the years, because buyers would not continue to purchase IKO products if they were defective.
The lawyers at Halunen & Associates have extensive experience in handling building materials-related class action litigation and other consumer law cases. Please contact us at (612) 605-4098 if you would like more information regarding this case or any problems you may be having with roofing shingles, decking, windows, siding, or other defective building materials.