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Class Action Lawsuit Filed Against Azek Alleging False Marketing Claims

A class action lawsuit has been filed against Azek Building Products Inc. alleging that Azek Deck Boards can show signs of staining, scratching, fading, discoloration, and mold and mildew deposits, despite marketing claims to the contrary by the manufacturer.

The national law firm Parker Waichman LLP filed the suit on April 25 in the U.S. District Court for the Southern District of Illinois. CPG International Inc. and Azek Building Products Inc. have been named as defendants. The class action suit was filed on behalf of two men, one from Pinckneyville, Illinois, and one from Bel Air, Maryland. Both had purchased the Azek decking material, in 2011 and 2009, respectively, to be used as outdoor decks and docks.

More Class Action Lawsuit Filed Against Azek Alleging False Marketing Claims

Unintended Acceleration Drives Class Action Lawsuit Against Ford

A group of purchasers have filed a class action lawsuit in West Virginia federal court against Ford Motor Co. over alleged defects in Ford’s vehicles that result in unintended acceleration. The class action is similar to the lawsuits that have recently been filed against Toyota Motor Corp.

The lawsuit is filed on behalf of potentially millions of Ford purchasers and lessees, law360.com said. It claims Ford vehicles manufactured between 2002 and 2010 that feature an electronic throttle control system are susceptible to unexpected acceleration, and that the company has openly admitted that some of its vehicles have that issue.

More Unintended Acceleration Drives Class Action Lawsuit Against Ford

Georgia-Pacific Sued Over Alleged Misleading Marketing Claims for its PrimeTrim Home Exterior

A class action lawsuit has been filed against Georgia-Pacific LLC, alleging its PrimeTrim home exterior trim is misleadingly marketed as being stronger than timber, but rots prematurely. The plaintiffs are represented by Jordan Lucas Chaikin of Parker Waichman LLP.

Plaintiffs James L. Mace and Marshall A. Reddy claim Georgia-Pacific has deceived homeowners by suggesting that the product is free from the common defects found in timber and by promising a 30-year warranty that provides for replacements or repairs, and failing to live up to those assertions, law360.com said. The plaintiffs claim that PrimeTrim is not more durable than traditional lumber, does not look great for years without frequent repainting or caulking, and does not hold up to sun, rain, snow or time. By contrast, PrimeTrim contains a known defect because it prematurely deteriorates, rots, swells and buckles, the lawsuit said.

More Georgia-Pacific Sued Over Alleged Misleading Marketing Claims for its PrimeTrim Home Exterior

Suit Filed Against Remington Arms Over Alleged Safety Defect In Its Model 700 Rifles

A class action lawsuit has been filed on behalf of North Carolina and Washington consumers who own the Remington Model 700 Rifle manufactured by Remington Arms. The complaint alleges that the Walker Fire Control (WFC) trigger mechanism, a component on these rifles, is defective. Remington Arms Company, LLC., Sporting Goods Properties, Inc. and E.I. Du Pont Nemours and Company have been named as defendants.

The Walker Fire Control uses a separate trigger connector that is not physically attached to the trigger itself, but is instead held in place by tension from a spring and side plates. The design of the gun can cause debris to build up in a gap that forms when the rifle is fired, which can, allegedly, result in misfires. There is no engineering reason to use a separate trigger connector. In fact, Mr. Walker, the component’s designer, publicly acknowledged in 2011 that the component’s only purpose was to make firing smoother and reduce manufacturing costs. The lawsuit alleges that the defendants knew of the defective nature of the Walker Fire Control before it was even placed on the market. More Suit Filed Against Remington Arms Over Alleged Safety Defect In Its Model 700 Rifles

New Jersey Contractor Given Probation for Violating Clean Air Act’s Asbestos Work Practice Standards

A New Jersey contractor has been sentenced to three years probation after being charged with conspiracy and six counts of violating the Clean Air Act’s asbestos work practice standards while he worked at an old central New Jersey paper mill. His actions potentially put others at risk for mesothelioma and other illnesses.

Vele Bozinoski, 61, of Elmwood Park, New Jersey, removed several hundred feet of asbestos-containing insulation from the Garden State Paper Mill in February 2007, but failed to complete required steps before beginning his work. Regulations required Bozinoski to inspect the insulation for the presence of asbestos before removing it and wetting it to prevent asbestos fibers from floating through the air. He was charged with “conspiring with others not to follow federal regulations requiring him to inspect the facility for asbestos and to notify the Environmental Protection Agency before removing the insulation,” according to Mesothelioma.com. More New Jersey Contractor Given Probation for Violating Clean Air Act’s Asbestos Work Practice Standards

Ferry Involved in Crash Recently Underwent Major Renovations

A commuter ferry involved in a crash Wednesday in Lower Manhattan recently underwent major renovations and had its high-speed, four-engine system replaced with a new propeller system that made the craft lighter and more fuel-efficient.

Changes to the Seastreak Wall Street were laid out in the August 2012 issue of the online shipping magazine Marinelog. The changes were considered suitable for the boat’s operating costs, ferry schedule, and age of the original system, which was installed in 2003, when it first launched. Investigators are looking into the crash at Pier 11 in Lower Manhattan, which took place around 8:45 a.m. Toxicology tests were also performed on the ship’s operators. Scores of people were injured in the crash, two of them critically, The Los Angeles Times reported. More Ferry Involved in Crash Recently Underwent Major Renovations

Chinese Drywall Company Appeals Decisions Ruling for Liability

While Chinese drywall manufacturer Taishan Gypsum argued that the United States has no jurisdiction over it and its products, judges in state and federal courts rule that it does.

Some 7,000 – 10,000 homes have been allegedly damaged due to defective drywall manufactured in China, and homeowners have been hard-pressed to collect any damages because of the complexity of suing foreign companies. Recently, however, two courts have ruled that at least one major Chinese drywall company, Taishan Gypsum, is liable for its products, The New York Times reports. More Chinese Drywall Company Appeals Decisions Ruling for Liability

Parker Waichman LLP Partner Appointed to MI Windows and Door Litigation Steering Committee

The national law firm of Parker Waichman LLP is pleased to announce that firm partner Jordan L. Chaikin has been appointed to the Homeowner Plaintiffs’ Steering Committee in MI Windows and Doors, Inc., product liability litigation currently underway in U.S. District Court District of South Carolina under the Honorable David C. Norton.

The lawsuits allege that various windows manufactured by the defendant MI Windows and Doors contain at least one defect that results in the loss of the seal at the bottom of the windows, which allowed water to enter the structures of plaintiffs and putative class members. More Parker Waichman LLP Partner Appointed to MI Windows and Door Litigation Steering Committee

Virginian Homeowners Reach $13 million Chinese Drywall Settlement

Yesterday, attorneys announced that a $13 million settlement was reached between about 200 Virginia homeowners and some of the companies that imported and sold Chinese drywall. The settlement comes too late for some, who have already left, lost, or sold their homes after nearly 40 months of litigation.

An attorney for the homeowners said the $13 million is not enough to compensate the families and it is his hope that more companies come forward to settle, so the amount of money for the homeowners increases. A New Orleans federal judge will rule on the settlement in July. More Virginian Homeowners Reach $13 million Chinese Drywall Settlement

Plavix Makers Hit with Lawsuit filed by 64 Plaintiffs

Lead plaintiff John Alvarez and 63 other plaintiffs who claim they or their loved ones were harmed by Plavix have filed a lawsuit in St. Clair County Court, Illinois against drug manufacturers Bristol-Myers Squibb Company and Sanofi Aventis.

According to the lawsuit, the plaintiffs suffered heart attacks and strokes after taking Plavix. The lawsuit says the defendants marketed the drug as able to “give a person even greater cardiovascular benefits than a much less expensive, daily aspirin while being safer and easier on a person’s stomach than aspirin.” The complaint also says that “Despite the growing body of scientific knowledge that the four-dollar Plavix pill was not much better than four-cent-a-day aspirin, Defendants kept promoting it to the public and to physicians, using hyperbole and outright falsification in the process.” More Plavix Makers Hit with Lawsuit filed by 64 Plaintiffs