Past Class Actions

Lincoln Windows

Please note: The deadline to file a claim for this class action was February 6, 2017. All claims have been adjudicated and the case is now closed.

Between 2014 and 2016, Justin Lucey and co-counsel successfully prosecuted a South Carolina class action against window manufacturer Lincoln Wood Products, Inc. The suit concerned double-hung, wood and aluminum-clad wood, exterior glazed Windows manufactured between April 1, 1999 and January 1, 2007, as well as certain Lincoln “replacement kits” marketed and sold to South Carolina homeowners for these windows. The lawsuit alleged that these Lincoln Exterior Glazed Windows are inherently defective in that they often fail prematurely due to leaks and water absorption. A settlement was reached in 2016, and a court-approved notice program was initiated utilizing a combination of direct-mail notices, digital notices, and print notices published in periodicals state-wide. Proceeds were distributed to qualifying South Carolina homeowners who submitted complete Claim Forms pursuant to the Settlement Agreement.

The document(s) below will provide you with further information on this case.

Final Order Approving Class Action Settlement
Settlement Agreement

MI Windows and Doors, Inc.

Lucey Law Firm and other MDL counsel settled a class action regarding MI Windows (“MIWD”) for windows which leak. The case was part of a collection of state-wide class actions against MIWD for leaky windows which were consolidated in Charleston, South Carolina for joint prosecution. The windows get/accumulate a residue (crud) line above or below the lift handle.  The residue/curd line results from water penetration through Window glazing, as a result of MIWD using “glazing tape” to glaze (waterproof) its windows.  The glazing tape prematurely fails, resulting in water penetration through the Window glazing.  The windows also suffer from water intrusion at the lower window corners (frame joints) that results in stained (rust or black colored joints) and other leaks.  In addition to the premature window failure and leaking, the windows can cause staining of the window stool (the wood sill) and adjacent paint finishes, drywall, or trim. This class action included all MIWD Windows vinyl, aluminum, and composite windows manufactured between July 1, 2000, and March 31, 2010 which relied upon glazing tape to seal the intersection between the glass and the window frame.

The final approval settlement hearing occurred on June 30, 2015.  The approved settlement provided repair or replacement of sashes and cash payment of up to $2,500 per home for consequential damages and up to $1,250 per home for prior repairs of consequential damages.

The deadline to file a new claim was December 28, 2015.  No new claims will be accepted. All claims have processed by the claims administrator, Epiq. Relief fulfillment (e.g. repairs, sash replacement, etc.) remains in process. Communication regarding you relief fulfillment will occur directly with the claims office via email or by regular mail.

The document(s) below will provide you with further information on this case.

Final Order Approving Class Action Settlement
Settlement Agreement

LP Trim Board Claims

In 2008, Justin Lucey and co-counsel reached a class action settlement with Louisiana Pacific for compensation to home owners and others for damaged Trimboard on their structures. Trimboard is a manufactured or composite wood trim product, sometimes referred to as medium density fiberboard, which is used as trim on the exterior of structures. It comes in different widths, and is often used as trim around windows and doors, at corners of structures as corner board, as or over the band board at the base of the first floor, as fascia or soffit near the roof line, and/or as decorative trim on columns, rail posts, and along porches or stair stringers.

Plaintiff alleged that the Trimboard was unsuitable for exterior use, and that it often failed prematurely due to water absorption, resulting in swelling or decay. The settlement provided for compensation of $17 per foot for partial replacement of damaged Trimboard; or $14 per foot for complete replacement of damaged Trimboard, less attorney fees of one third.

The document(s) below will provide you with further information on this case.

Download Complaint
Final Judgment and Order Approving Class Action Settlement

Charleston Gypsum EIFS Claims

EIFS Class Action relating to Parex brand Exterior Finish and Insulation Systems sold by 
Charleston Gypsum (principally in the Charleston, South Carolina MSA/Tri-County Area)



Justin Lucey and co-counsel prosecuted a class action against a distributor known
as Charleston Gypsum, previously located in North Charleston, SC. The suit concerned the Parex
brand EIFS (Exterior Finish and Insulation System) sold by Charleston Gypsum in the 1991-mid 
1995 time frame.

EIFS, also commonly referred to as synthetic stucco, is an exterior cladding system consisting of 
layers of EPS board (analogous to Styrofoam), fiberglass mesh, and plasticized stucco. Plaintiffs 
alleged that this system is inherently defective in that it permits water intrusion behind it at 
terminations/penetrations, e.g. windows, and allows damage to occur unnoticed within the 
structure’s walls.

A settlement was reached and proceeds were distributed to Charleston residents who were identified in the Defendants’ records.

The document(s) below will provide you with further information on this case.

Download Complaint
Final Order Approving Class Action Settlement