Contact Halunen & Associates if you have Owens Corning roofing shingles that have cracked, degraded prematurely, or needed to be replaced too soon. We represent homeowners in a class action lawsuit claiming that Owens Corning owes money damages to homeowners who have had to prematurely replace their Owens Corning roofing shingles. The Complaint alleges that the problem is caused by a common defect in the shingles. The lawsuit also claims that Owens Corning wrongly denies warranty claims, even though it allegedly knows about the problem that causes the shingles to fail.
We have filed a case in Pennsylvania called Wright and West v. Owens Corning, and we plan to file cases in additional states as well. The lawsuits will seek class action status and will ask for an award of money damages to replace the shingles. Cases against Owens Corning were stalled for several years because of an issue related to its bankruptcy. The attorneys on the case have been successful in removing this obstacle through a recent ruling from the Court of Appeals, see below, and can now move forward with the litigation.
Halunen & Associates has offices in Minneapolis, Minnesota and Chicago, Illinois. Our experienced and nationally-known attorneys represent employees and consumers in class actions and complex litigation across the United States. Contact us today for more information at 866-523-8533.
May 18, 2012 – Court of Appeals Rules: Homeowners Warranty Rights are Not Discharged by Bankruptcy
The Third Circuit Court of Appeals held that homeowners who discovered that their Owens Corning roofing shingles were cracking, cupping, losing granules, or otherwise not performing as expected have legal claims against Owens Corning. Owens Corning filed for bankruptcy in 2000 and its bankruptcy plan was confirmed in 2006. The company claimed that its bankruptcy relieved it from the duty of honoring its warranty and asked the court to dismiss the class action lawsuit because the company was not legally obligated to honor its warranty after it filed for bankruptcy. The Court of Appeals agreed with Plaintiffs Patricia Wright and Kevin West that their right to due process would be violated if the company were allowed to escape their warranty obligations through bankruptcy based upon a change in law that occurred in June, 2010.