Important Case Updates

IPEX SETTLEMENT UPDATE:

Class Counsel recently reached a tentative settlement with the manufacturer of the Kitec brass fittings, Ipex, Inc. and IPEX USA, LLC, for $90,000,000. This settlement does not resolve the entire In Re Kitec Fitting Litigation case as claims remain against the home builders and the plumbers. Because this is a partial settlement, it will not be enough by itself to re-plumb homes. Therefore, litigation will continue against the home builders and plumbers that have not yet settled. This settlement must still be approved by the Court and by the Class, which will take several months. The settlement may be appealed by other defendants in the case, which may substantially delay Class Counsel’s ability to use these funds for repairs. For more information regarding this settlement and how it may affect your rights, please read the Notice of Preliminary Approval of Settlement and Fairness Hearing and the Fifth Notice of Class Action documents in the Updates section of this website and/or contact our office at the telephone number provided below.

• FAIRNESS HEARING UPDATE: After much argument from both sides at the Fairness Hearing held on January 30, 2009, the Court ultimately approved the $90,000,000 settlement with the manufacturer (Ipex). However, this money will not be available for use by the class members until all appeals, if any, are resolved. Additionally, the settlement with the manufacturer is a partial settlement and does not include enough money to begin re-plumbing homes without acquiring additional funds. As described above, litigation will continue against the home builders and plumbers that have not yet settled in an attempt to obtain the additional funds necessary to re-plumb each class member’s home.