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Consumer Law
Product Liability
Inadequate Repair

United Desert Charities and Maralee Pelka, on behalf of themselves and all others similarly situated v. Flushmate aka Sloan Valve Company, American Standard Brands as America Inc., and Does 1 through 10, inclusive

Published: Mar. 29, 2014 | Result Date: Feb. 21, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-06878-SJO-SH Settlement –  $18,000,000

Court

USDC Central


Attorneys

Plaintiff

Jordan Elias
(Girard Sharp LLP)

Mindy Wong

Robert J. Nelson
(Lieff, Cabraser, Heimann & Bernstein LLP)

David M. Birka-White
(Birka-White Law Offices)

Kristen L. Sagafi
(Tycko & Zavareei LLP)


Defendant

Leanna Anderson

Steven Frankel

Robert Scoular


Facts

United Desert Charities and Maralee Pelka sued Flushmate aka Sloan Valve Co. and AMerican Standard Brands AS America Inc. on behalf of persons who own or owned an American Standard toilet Series 503 Flushmate III Pressure-Assist Flushing System, sold by Flushmate. This lawsuit was consolidated with several other class actions filed against defendants citing the same claims.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants sold a defective product, which may cause the toilet to leak or even explode, causing serious physical injury to consumers and substantial property damage. Plaintiffs also contended that defendants knowingly concealed and intentionally failed to disclose the fact that they had sold defective toilets to the public.

Result

Defendants agreed to pay a minimum of $18 million to settle the claim. The settlement fund may increase depending on the total amount of approved eligible property damage claims submitted.


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