$26M Pella ProLine Casement Windows Defect Class Action Settlement

Who is a Class Member

The DuPont Titanium Paint Price-Fixing class action settlement provides benefits for “all persons in the United States who are current or former owners of Structures containing Pella ProLine® brand aluminum clad wood casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2009.”

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.


Settlement Amount

  • $25,750,000.00

Estimated Award

  • Varies

Each qualifying Claimant who submits a valid and timely claim form is expected to receive cash for actual expenditures and expenses necessary to repair or replace the damaged windows. For the exact amount you can expect to receive, please review FAQ 12 and 13 on the settlement website.


Proof of Purchase

  • Claimants will need to provide the following supporting documents for each Pella Window that sustained or caused eligible damage:
    • Ownership Documentation: A copy of a mortgage statement or payment coupon, homeowner’s or title insurance, a copy of a property tax bill, property deeds or deeds of trust, etc. The documentation must be either for/from the year in which the repairs or replacements took place, or for/from the current year if the window(s) has/have yet to be repaired or replaced.
    • Documentation that 1991-2009 ProLine Casement, Awning or Transom windows were installed in your Structure: Photographs of the Glass Etch and Product ID Stamp or Unit Label of each window as well as credit or debit card records, a contract for installation of the windows or canceled checks to your contractor for window installations.
    • Documentation of Eligible Damage and Costs: Photographs of windows and damage. For windows/sashes that have already been repaired or replaced, you will need to include receipts, invoices, credit card or debit card records, canceled checks or other financial records showing the amount of money paid for the repair or replacement and the nature of the repair or replacement performed. For windows/sashes that have not yet been repaired or replaced, you will need to submit a signed and dated statement from a contractor who has inspected the windows.

Claim Form

  • class action lawsuits

Pella ProLine Casement Windows Settlement Notes

  • Kent Eubank, et al. v. Pella Corporation, et al.
  • Case No. 1:06-cv-04481
  • Pending in the U.S. District Court for the Northern District of Illinois, Eastern Division

Plaintiff Kent Eubank and 10 other named plaintiffs brought this class action lawsuit against Pella alleging the company failed to disclose to consumers that certain windows were defective and could lead to substantial damage and out-of-pocket repair costs.

Specifically the plaintiffs claims that Pella ProLine aluminum-clad casement windows contain a defect that allows water to penetrate and leak behind the aluminum cladding, resulting in premature wood rot and other physical damage to both the window and the main structure.

“In essence, Pella knew, or should have known, prior to sale to Plaintiffs and the Class that, for the indefinite future, there was a substantial risk that its aluminum-clad windows would leak and would develop wood rot. Knowledge and information of that risk and defect was known exclusively by Pella. Nevertheless, Pella failed to disclose that risk and defect, thereby depriving consumers of the opportunity to negotiate additional warranty coverage, to negotiate a lower price to reflect the risk and defect or to simply avoid the risk and defect altogether by purchasing a different product,” the Pella defective windows class action lawsuit stated.

Pella denies any wrongdoing but agreed to settle the case for nearly $26 million. Complete details about the case and settlement can be found on the Pella ProLine Casement Windows Settlement website.

The Pella ProLine Casement Windows class action settlement was granted preliminary approval on February 16, 2018. Class members who wish to exclude themselves or object to the settlement must do so by June 20, 2018. Class members who wish to receive a cash payment from the settlement must submit their claim form on or before June 20, 2018.


Important Dates

  • 6/20/18: Claim Form Deadline
  • 6/20/18: Objection or Exclusion Deadline
  • 9/14/18: Final Hearing time TBD* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

*Settlement Class Members who wish to speak at the hearing should check www.PellaWindowSettlement.com to confirm that the date or time of the Final Hearing has not changed.


Contact Information

  • Mail: Eubank v. Pella Corporation Window Settlement Administrator, P.O. BOX 404041, Louisville, KY 40233-4041
  • Phone: 1-866-658-6764
  • Email: info@pellawindowsettlement

Class Counsel


Settlement Website

Windsor Pinnacle or Legend Series Windows Class Action Settlement

Who is a Class Member

Class members of the Windsor Windows Class Action Settlement include “all individuals and entities in the United States who are previous, current, or subsequent owners of a Qualifying Structure, defined as a structure with a Qualifying Window.”

The Pinnacle and Legend Series windows (including Legend Hybrid windows) included in the settlement are called the “Qualifying Windows.” The Qualifying Products page includes detailed pictures of the Qualifying Windows to help you identify if you have them on your home or other structure.

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.


Estimated Award

  • Varies

According to the Settlement documents, available relief will be dispersed to eligible Class members who submit a valid and timely claim form based on the type of damage claimed as follows:

Type of Damage Available Relief

 

Damage to Sash: Qualifying Damage on a Qualifying Window sash not caused by Condensation.

Sash Replacement
Damage to Window Frame other than Sash: Qualifying Damage on a Qualifying Window frame that has been caused by water intrusion caused by the window itself.

Fixed settlement amount of up to $453 for each window.

Note: This pro-rated settlement amount encompasses all damages related to, and includes compensation for, the cost of labor and materials necessary to install the replacement window, repair any damage caused during the installation of a replacement window, and to remove and replace window coverings. It also includes costs incurred for interior finishing work.

Additional Damage: Visible rotting or deterioration to walls, drywall, insulation, or other home or building materials where the damage extends perpendicularly (straight) below the sill of the window opening of a Qualifying Window.

Cost of repairing damage, up to a maximum of:

$250 total to repair Additional Damage around one or two window openings; or

$500 total to repair Additional Damage around three to six window openings; or

$2,500 total for Additional Damage that: extends perpendicularly (straight) below the sill of a Qualifying Window more than eight inches at one or more window openings, or extends perpendicularly (straight) below the sill of a Qualifying Window eight inches or less at seven or more window openings.

The maximum amount that may be claimed for Additional Damage is $2,500.

Damage Previously Repaired: Qualifying Damage or Additional Damage previously repaired. Reimbursement of Qualifying Expenses up to the maximum amounts Claimant would have received under the settlement if repairs had not yet been made.


Proof of Purchase

To receive benefits from the Windsor Windows Settlement, claimants will need to submit documentation establishing that their windows are Pinnacle or Legends Series windows. This documentation may consist of one or more of the following:

  • A photograph or video of the label
  • A photograph or video of the lock on the window
  • A photograph or video of the interior and exterior of the lower portion of the frame and sash with the sash open.
  • Any other documentation establishing that your claimed windows are Pinnacle or Legend Series windows.

Additionally, if you are submitting a claim for a replacement window or sash, you must provide the following:

  • A photograph or video of the entire window from the interior of your home
  • The width and height of each window’s visible glass

Furthermore, if you are submitting a claim for qualifying damage or additional damage, you will need to submit photographs or videos establishing Qualifying Damage or Additional Damage to your claimed windows. Specifically, photographs or videos are required to identify:

  • the Qualifying Structure and portray the entire elevation of the Qualifying Structure
  • the side(s) of the Qualifying Structure where the claimed windows are located
  •  the location of the claimed windows; and show the claimed damage.

Examples of photographs are available on the Settlement Website: www.WindowSettlements.com.


Claim & Verification Form

  • class action lawsuits

Windsor Windows Settlement Notes

  • In re Windsor Wood Clad Window Products Liability Litigation
  • MDL No. 16-MD-02688
  • Pending in the U.S. District Court for the Eastern District of Wisconsin

Several plaintiffs filed suit in a consolidation multi-district litigation alleging that certain windows manufactured and sold by The Windsor Window Company and Woodgrain Millwork Inc. were defectively designed, causing damage to their windows, window finishings, home, and personal property allegedly resulting from water-related intrusion, condensation, or accumulation.

Windsor Windows denies the allegations that their windows are defective and any liability for purported damage from the alleged defective windows. However, the company agreed to  settle to resolve the claims and avoid further litigation costs. According to the terms of the settlement, there will be four settlements available to eligible Settlement Class members: Window Sash Replacement, Compensation for Replacement for Window Frame, Compensation for Additional Damage, and Reimbursement for Prior Repairs.

Complete details about the case and settlement are provided on the Windsor Windows Settlement website.

Class members who wish to exclude themselves from the Windsor Windows Settlement must do so by April 16, 2018. Those that wish to object to the terms of the settlement must do so by May 7, 2018. Class members who wish to participate in the settlement must submit their claim form on or before January 5, 2019.


Important Dates

  • 1/5/19: Claim Form Deadline
  • 4/16/18 Exclusion Deadline
  • 5/7/18: Objection Deadline
  • 7/6/18: Final Hearing at 11:00 am CT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

Settlement Class Members who wish to speak at the hearing should check www.WindowSettlements.com to confirm that the date or time of the Hearing has not been changed.


Contact Information

  • Mail: Windsor Windows Settlement, P.O. Box 3770, Portland, OR 97208-3770
  • Phone: 1-888-530-6598
  • Email: info@windowsettlements.com

Class Counsel


Settlement Website