The purpose of this website is to provide information regarding the LP South Carolina TrimBoard Class Action.
A settlement has been reached in the case Kevin Brunson, Eunice Caro, and Clifton Spann, on behalf of themselves and all others similarly situated, vs. Louisiana-Pacific Corporation and ABT Building Products Corporation a/k/a ABTco, Case No. 2:07-3186-RMG.
The settlement was preliminarily approved by the Court on November 23, 2010.
You may obtain a copy of the Settlement Agreement by clicking the link below or by requesting one from the LP Claims Adjuster by calling the toll free number 1 (888) 621-5088 or by writing to the LP Claims Office, 805 SW Broadway, Suite 900, Portland, OR 97205-3303. If you have questions about the Settlement Agreement you may also contact Class Counsel:
NEXSEN PRUET
Paul A. Dominick, Esq.
Post Office Box 486
Charleston, SC 29401
www.nexsenpruet.com
JUSTIN O’TOOLE LUCEY
Justin O. Lucey, Esq.
Post Office Box 806
Mt. Pleasant, SC 29465
www.lucey-law.com
For more information call 1 (888) 621-5088 to request a copy of the Long Form Notice or a copy of the Settlement Agreement.
Click Here For Notice Of Settlement Click Here For Long Form Notice
Notice of Settlement
If you own or owned a home or other building in one of the following South Carolina counties of which LP or ABTco TrimBoard is or was installed, please read this legal notice carefully, your rights could be affected:
Aiken, Lexington, Richland, Kershaw, Chesterfield, Marlboro, Barnwell, Orangeburg, Calhoun, Sumter, Lee, Darlington, Dillon, Marion, Florence, Clarendon, Bamberg, Allendale, Hampton, Jasper, Beaufort, Colleton, Dorchester, Berkeley, Georgetown, Williamsburg, and Horry.
You may be affected by a proposed settlement of a class action lawsuit about manufactured wood trim known as “TrimBoard”, “Pro Trim” or “Choice Trim.” The proposed settlement affects a “Class” or group of people that may include you. The Long Form Notice briefly summarizes your rights. For complete information, you may read the Long Form Notice or the Settlement Agreement.
For more information, click on the following links
What Is This Lawsuit About?
The lawsuit is called Kevin Brunson, Eunice Caro, and Clifton Spann v. Louisiana-Pacific Corporation and ABT Building Products Corporation a/k/a ABTCO, Case No. 2:07-3186-RMG, and is pending in the U.S. District Court for the District of South Carolina. ABTco and Louisiana-Pacific Corporation manufacture wood composite trim products, marketed as TrimBoard, Pro Trim and Choice Trim (all referred to in this notice as "TrimBoard"). Plaintiffs claim that Defendants engaged in the business of designing, manufacturing and supplying TrimBoard that was defective, thus breaching express and implied warranties. The lawsuit alleges that a defect in TrimBoard allows for premature deterioration and other problems under normal conditions.
Are You A Class Member?
The proposed settlement involves members of the TrimBoard Settlement Class. You are part of the Class if you presently own, or formerly owned, property on which TrimBoard is or was installed in one of the following counties:
Aiken, Lexington, Richland, Kershaw, Chesterfield, Marlboro, Barnwell, Orangeburg, Calhoun, Sumter, Lee, Darlington, Dillon, Marion, Florence, Clarendon, Bamberg, Allendale, Hampton, Jasper, Beaufort, Colleton, Dorchester, Berkeley, Georgetown, Williamsburg, and Horry.
What Are The Terms Of The Proposed Settlement?
If approved, the proposed settlement provides a claims program through which Class Members can obtain a cash payment for TrimBoard that is damaged as defined in the Settlement. ABTco will send Class Counsel a check for $13 per linear foot of damaged TrimBoard. The complete settlement is available by clicking here.
How Do I Identify TrimBoard?
TrimBoard is a composite product made from wood fibers, glues and waxes. It has a paper surface that may be smooth or embossed with a texture that looks like cedar. To identify whether you have TrimBoard, you may ask the contractor who installed your trim or your siding. For more information on how to identify TrimBoard please call 1 (888) 621-5088.
Who Represents You?
The Court has appointed Paul A. Dominick, of NEXSEN PRUET, LLC, and Justin Lucey, of JUSTIN O'TOOLE LUCEY, P.A., to represent you as "Class Counsel." As compensation for their fees and expenses, Class Counsel will take 1/3 of the amount paid by ABTco on each claim under the Settlement.
What Are Your Legal Rights?
Submit A Claim Form: If you are a member of the Class and the proposed settlement is approved, you may request a claim form by calling 1 (888) 621-5088. You will be bound by all orders of the Court relating to the proposed settlement. If the proposed settlement is approved, and you are a member of the Class, most related legal claims against the Defendants and their insurers will be released.
Opt Out: You may exclude yourself from the class, and the deadline for requesting exclusion is February 11, 2011.
Object: You can tell the Court if you do not like this proposed settlement or some part of it. To object, you must send a letter that is mailed and postmarked no later than February 18, 2011. For details on how to properly file an objection, please read the detailed notice available here.
The Court has scheduled a final approval hearing for March 4, 2011, at 10:00 a.m. At that time, the Court will consider whether to approve the proposed settlement and set the amount of attorney's fees that will be paid. The Court is located in the Hollings Judicial Law Center at 81 Meeting Street, Charleston, SC 29401.