Spray Polyurethane Foam Insulation Class Action Consolidation Sought
A motion has been filed to consolidate and centralize all class action lawsuits filed against the makers of spray polyurethane foam (SPF) insulation, which allege that the foam insulation is toxic and poses potential health hazards in homes.
At least 8 spray polyurethane foam (SPF) insulation class action lawsuits have been filed in U.S. District Courts throughout the country, alleging that the manufacturers made false claims about the safety of the foam insulation.
According to allegations raised in the complaints, the makers of SPF insulation have failed to warn homeowners that the material was toxic and emitted volatile organic compounds that create health hazards in consumer homes. Instead, the material was promoted as being safe and “green.”
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Late last month, a motion (PDF) was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML), asking that all spray polyurethane foam lawsuits be consolidated for pretrial proceedings in the U.S. District Court for the Southern District of Florida, as part of an MDL, or multidistrict litigation.
The motion claims that consolidation will prevent duplicative discovery, contradictory rulings from different courts and serve the convenience of all parties. All of the claims are seeking class action status, which could lead to conflicting claims of class representation if no MDL is formed, the petition warns.
Defendants in the class action lawsuits include Demilec, Masco Corporation, Maso Services Group Corp., Masco Contractor Services, Builder Services Group, Gale Insulation, and Abisso Abatement, Inc.
The motion was filed by plaintiff Lucille Renzi, with the consent of Bruce and Judy Hass, Christopher and Loretta Albanese, Neil and Kristine Markey, Kevin Hecker, David and Lauren Schraeder, Joel and Anna Lisa Stegink, and Daniel and Paula Slemmer; all of whom are plaintiffs in various SPF class action lawsuits.
According to the plaintiffs, “[T]he only remedy is to fully remove the SPF from consumers’ homes; an expensive and invasive process which often times requires large portions of homes, if not entire homes, to be completely rebuilt.”
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