WBM is seeking to take the lead in a class action lawsuit against involving allegedly defective windows.
The firm on Monday asked a federal court to let it take over the efforts to handle litigation against Pella Corp., reported Law360.
In June, the Seventh Circuit overturned a $90 million settlement in the Eubank v. Pella case, and ordered Complex Litigation Group LLC off the case, citing conflict of interest. The suit alleges that Pella’s Pro-Line aluminum clad windows had a design defect that allowed water to seep into the window’s wooden frame, leading to damage to the frame and the house itself. The suit also alleges that Pella violated product liability and consumer protection laws in a number of states in which the windows were sold.
The windows were manufactured and sold between 1991 and 2006.
In its memo to the court, WBM said it is well suited to handle the case, having “decades of experience litigating building defect cases, and windows in particular, on both an individual, multifamily and class basis.”
In addition, WBM is involved in a related Pella class action.
“Whitfield Bryson & Mason has the experience and resources to efficiently and effectively resolve this litigation for all owners of Pella Pro-Line and Architectural Windows,” said Gary Mason, WBM partner.