Halunen Law filed a class action lawsuit on behalf of a homeowner whose home was built with James Hardie fiber-cement siding. The lawsuit alleges that some James Hardie fiber-cement siding contains at least one defect that causes paint to peel off of the boards and causes the boards to shrink and crack. The lawsuit further alleges that James Hardie has not lived up to its warranty obligation to replace the damaged siding. The lawsuit seeks monetary compensation, on behalf of the plaintiff and other James Hardie fiber-cement siding owners, to replace allegedly defective siding as well as a court order requiring James Hardie to honor its James Hardie Warranty Claim obligations.
Please contact our office if you have James Hardie fiber-cement siding or would like more information about this lawsuit.
Case Update – January 2017
On December 15 and 16, the Court heard argument on James Hardie’s Motion to Exclude Plaintiffs’ expert and Motions for Summary Judgment. Hardie’s Motion to Exclude Plaintiffs’ expert challenges the qualifications, methodology, and opinions of Plaintiffs’ expert, Joel Wolf. Hardie’s Motions for Summary Judgment ask the Court to dismiss many of the individual Plaintiffs’ claims for various reasons. The Court also heard argument on Plaintiffs’ Motion for Class Certification. Plaintiffs’ Motion for Class Certification asks the Court to allow Plaintiffs to move forward on behalf of various classes.
The Court took all of the matters under advisement. Given the volume of information in front of the Court, we expect that it will be several months before we receive any rulings. We will send out an update once we receive a ruling.