Pella Window Legal Battle Hears New Request for $9 Million

September 25th, 2018 by Drew Vass, Executive Editor

A 12-year legal battle, between Pella Corp. and participants who accuse Pella of selling leaky windows, recently took a turn. Law360 reports that the attorneys representing current and former clients in a class action case against Pella asked an Illinois federal Judge to approve their request for $9 million in legal fees.

The case, Saltzman v. Pella Corporation et al, was filled on August 18, 2006. Court documents state that the case is based on claims from Pella clients that Pella Corp. knowingly sold them aluminum-clad windows containing a latent defect, allowing water to penetrate and leak behind the aluminum cladding, resulting in premature wood rot and other damages to the window and main structure. Pella is being tried for the charges of common law fraud, breach of implied warranty and unjust enrichment.

Pella will compensate over $25 million to qualifying class members for the faulty windows, reports Law360, but now more requests are coming for legal fees. The original lead attorneys for this case secured a deal of $90 million for the class, but eight years into the case they were replaced and the settlement was scratched.

Recent court documents show that Pella is expected to meet 25 percent of the costs of replacing the each damaged window, or the costs if the window has already been replaced. This is all supposed to be within 15 years of the sale date.

The latest court deliberations were on September 14, 2018, where the new legal fee request was made, and is now under advisement by the Honorable Judge Sharon J. Coleman.

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  1. When will we see settlement of this case. It has taken way too long.

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