Frequently Asked Questions
- Why did the Court issue Notice?
- What is this litigation about?
- I received a similar Notice in September or October of 2013 regarding Vanguard and Veiga-brand brass plumbing components. Is this Notice the same as or different than the prior Notice?
- How do I know if I am part of the settlement Class?
- What are the reasons for the settlement?
- What does the settlement provide?
- Do I have a lawyer in this case?
- How were the lawyers for the Settlement Class paid?
- How do I get more information about the settlement?
1. Why did the Court issue Notice?
Notice is given to inform you that (1) a class action lawsuit is pending in the Superior Court of the State of California, County of Los Angeles before the Honorable William F. Highberger entitled Verdejo v. Vanguard Piping Systems, Inc., Case No. BC448383 ("the Litigation"); (2) you may be a Settlement Class Member; (3) the parties have settled the Litigation; (4) the settlement may affect your legal rights; and (5) you have a number of options.
2. What is this litigation about?
Plaintiffs and Useful Life Subclass Representatives Don Verdejo, Noreen Verdejo, Christina Anderson, Davey Hernandez, William Martinez, Corinne Martinez, Karen Michaud, Takashi Nishida, Kristin Nishida, Rodney Pyle, and Kim Pyle, and Clark County Subclass Representatives and Useful Life Subclass Representatives Andrew L. Proclivo, Nancy H. Proclivo, Lawrence Ng, Koren J. Chin-Ng, Talia LaQuintara, Michael Connolly, and Gloria Connolly allege they have suffered injuries and damages arising out of alleged defects in certain potable water plumbing system fittings or other components and sub-components made from UNS C36000, UNS C37700, UNS C36500 brass, or similar copper alloys with a zinc content of 15+% manufactured and/or distributed by Vanguard Piping Systems, Inc., VG Pipe LLC, Viega LLC, or any and all of their current or former related subsidiaries, parent companies, sister companies, and affiliates ("Viega Brass Fittings").
Plaintiffs, the Useful Life Subclass Representatives, and the Clark County Subclass Representatives allege the Viega Brass Fittings are inadequate or of poor or insufficient quality or defective. They further allege such Viega Brass Fittings were distributed or sold by Vanguard or Viega (collectively, "Viega").
Viega denies all of the material allegations made by Plaintiffs, the Useful Life Subclass Representatives, and the Clark County Subclass Representatives and denies any wrongdoing or liability of any kind. Among other things, Viega maintains that the Viega Brass Fittings are of high quality and do not violate any standard or law. Viega asserts it has, at all times, complied with all applicable federal and state laws.
Accordingly, the settlement does not reflect an admission by Viega that there is a defect in any of the Viega Brass Fittings or that it violated any law or rights of any person.
3. I received a similar Notice in September or October of 2013 regarding Vanguard and Veiga-brand brass plumbing components. Is this Notice the same as or different than the prior Notice?
You may have received a Notice of Proposed Settlement in September or October 2013, issued as part of the Verdejo litigation in connection with a prior proposed settlement. After the December 2, 2013 Fairness Hearing in connection with the prior proposed settlement, Plaintiffs withdrew their request for final approval of that settlement to allow the parties to address some matters raised by the Court. The parties reached agreement on a new settlement. This website relates to the new settlement.
The new settlement is different in a number of ways summarized here. For example, there are additional benefits to the class that go beyond the benefits afforded in the prior proposed settlement. Among other things, Settlement Class Members now receive the benefit of a 16-year (as opposed to a 13-year) limited warranty, a longer period in which to make both past and future claims, Settlement Class Members who are also members of the Clark County Subclass receive the benefit of a 19-year limited warranty, and Settlement Class Members who are also members of the Useful Life Subclass may receive a cash payment, as set forth in greater detail below and in the new Agreement. Settlement class definitions, releases, and other provisions also are different, as summarized here and detailed in the settlement documents available at the Court and Reference Documents tab on the Home page.
If you submitted a claim under the prior proposed settlement you do not need to resubmit the claim. The claim will be reviewed under the terms of the new settlement. To the extent you may be entitled to additional benefits not afforded by the prior proposed settlement, however, you must submit a new Claim Form to obtain such benefits. The Claims Administrator mailed a letter to all claimants who filed claims under the prior proposed settlement that provides greater detail.
4. How do I know if I am part of the settlement Class?
The Court has certified a Settlement Class INCLUDING:
All Persons that own or have owned buildings, homes, residences or any other structures located in the United States that contain or have ever contained Viega Brass Fittings. Also included in this class are all such Persons' spouses, joint owners, heirs, executors, administrators, mortgagees, tenants, creditors, lenders, predecessors, successors, subsequent owners or occupants, lessees, trusts and trustees, attorneys, agents, and assigns and all Persons who have vested legal rights such that they have legal standing and are entitled to assert a claim on behalf of such Settlement Class Members. Insurance carriers are members of the Settlement Class if they paid insurance claims for a Failure prior to the date of the Preliminary Approval Order, June 20, 2014, and thereby obtained legally vested subrogation rights.
Settlement Class Members who own or have owned buildings, homes, residences or any other structures located in Clark County, Nevada that contain or have ever contained Viega Brass Fittings are also members of the "Clark County Subclass." Also included in this subclass are all such Persons' spouses, joint owners, heirs, executors, administrators, mortgagees, tenants, creditors, lenders, predecessors, successors, subsequent owners or occupants, lessees, trusts and trustees, attorneys, agents, and assigns and all Persons who have vested legal rights such that they have legal standing and are entitled to assert a claim on behalf of such Clark County Subclass Members.
Settlement Class Members who currently own residential property located in the following twelve (12) states: Arkansas, Arizona, California, Delaware, Hawaii, Kansas, Louisiana, Nevada, New Hampshire, Oklahoma, West Virginia and Wyoming, are also members of the "Useful Life Subclass."
The Settlement Class and/or the Clark County Subclass include insurance carriers if their insured otherwise falls within the foregoing definitions and the insurance carrier paid insurance claims for a Failure prior to the date of the Preliminary Approval Order and thereby obtained legally vested subrogation rights.
Persons who seek contribution or indemnity from Viega based on past settlements of, or judgments on, claims with Settlement Class Members, Clark County Subclass Members, or Useful Life Subclass Members also are members of the Settlement Class and the respective subclass(es), if applicable, if they paid those settlements prior to the date of the Preliminary Approval Order and thereby obtained vested legal rights to pursue such contribution or indemnity claims. To the extent there may in the future be subrogated insurance carriers or Persons who seek contribution or indemnity from Viega because of vesting of legal rights that occurs after the date of the Preliminary Approval Order, they shall not be Settlement Class Members or members of any subclass, but the rights that they take through a Settlement Class Member, a Clark County Subclass Member, or a Useful Life Subclass Member shall be limited by all of the terms, time periods, releases, caps, prohibitions on overlapping or double recoveries, and other provisions of this Agreement.
You are EXCLUDED from the Settlement Class, Useful Life Subclass and Clark County Subclass and not covered by this settlement if you: (a) validly and timely excluded yourself, (your name will appear in Exhibit A to the Judgment); (b) have settled with, released, or otherwise had claims adjudicated on the merits against Viega that are substantially similar to those alleged in this matter; (c) have only personal injury claims as a result of the defects alleged; (d) except as expressly included, you are an insurer or other provider of extended service contracts or warranties for the Settlement Class Structures; (e) are the Honorable William F. Highberger or a member of his family.
5. What are the reasons for the settlement?
The Court did not decide in favor of the Plaintiffs, Useful Life Subclass Representatives, Clark County Subclass Representatives or Viega. Instead, the parties agreed to a settlement that they believe is a fair, reasonable, and adequate compromise of their respective positions. The parties reached this Agreement only after very long negotiations, many exchanges of information, and independent consideration of the risks and benefits of settlement through the assistance of several different experienced Mediators.
Class Counsel, Counsel for the Useful Life Subclass, and Counsel for the Clark County Subclass have considered the substantial benefits from the settlement that will be given to the Settlement Class Members and Subclasses and balanced these benefits with the risk that a trial could end in a verdict for Viega. They also considered the value of the immediate benefit to Settlement Class Members versus the costs and delay of litigation through trial and appeals and the risk that a nationwide class would not be certified. Even if Plaintiffs would have been successful in these efforts, Settlement Class Members would not have received any benefits for years.
6. What does the settlement provide?
Benefits. The settlement provides several forms of relief to the Settlement Class and Subclasses. In return for the relief described below, the Settlement Class Members and Members of the Subclasses released their rights to pursue any claims against Viega and related entities relating to the claims at issue in this Litigation.
A. ESTABLISHMENT OF LIMITED WARRANTY FOR DEZINCIFICATION-RELATED FAILURES
Viega has agreed to provide a "Limited Warranty" covering certain Failures of Viega Brass Fittings. The Limited Warranty will cover water leaks from a Viega Brass Fitting caused by dezincification or a drop in water flow capacity of a fixture due to zinc oxide build-up as a result of dezincification in a Viega Brass Fitting that causes the water flow rate to drop below the minimum requirements as set forth in Section 604, Table 604.3 of the International Plumbing Code (IPC) (2012), but for unrestricted flow measured via a flow meter ahead of the fixture in question. The Limited Warranty shall run through 16 years from the Date of Installation of the Viega Brass Fittings for all Settlement Class Members, and 19 years from the Date of Installation of the Viega Brass Fittings for members of the Clark County Subclass.
B. PAYMENT OF COSTS FOR PRIOR OR ANTICIPATED REPAIR/REPLACEMENT AND OTHER MONETARY CONSIDERATION
Viega will also pay claimants for their reasonable costs and expenses related to past eligible Failures falling within the Limited Warranty, which were not otherwise reimbursed to the claimant (whether by Viega's warranties, insurance, or otherwise). Specifically, Viega will pay claimants for (1) the reasonably proven incurred or anticipated costs associated with repairs due to the eligible Failure, (2) the reasonably proven material and proven incurred or anticipated labor costs to repair or replace damage to real property in which the failed Viega Brass Fitting was installed, (3) the reasonably proven incurred or anticipated costs to repair or replace other property damaged by the eligible Failure, and (4) reasonably proven incurred or anticipated costs related to temporary housing caused by the eligible Failure.
C. CASH PAYMENTS TO MEMBERS OF THE USEFUL LIFE SUBCLASS
In addition to providing the Limited Warranty set forth above, Viega shall also make cash payments to members of the Useful Life Subclass upon a submission of a valid claim on or before July 10, 2015 - one (1) year after the deadline to provide notice to the Settlement Class. Specifically, Viega shall pay each Useful Life Subclass member $250 for each residence containing Viega Brass Fittings that the Useful Life Subclass claimant owns, and that otherwise is the subject of a valid claim meeting the requirements set forth in the Agreement and Claim Form. To receive this payment, you must complete the Claim Form per its instructions, include the required documentation, and mail it to the address in the instructions so that it is postmarked timely. You can obtain additional Claim Forms from the Claim Form tab on the Home Page or by written request to: Verdejo v. Vanguard Piping Systems Claims Administrator, P.O. Box 43206, Providence, RI 02940-3206. The documentation required to be eligible for payment is detailed in the Claim Form.
Release. If you are a Settlement Class Member and did not exclude yourself from the Settlement Class, approval of this settlement results in a release by you of all claims against Viega and its related entities that arise out of or are related in any way to claims that the Viega Brass Fittings are inadequate or of poor or insufficient quality or defective, due to corrosion, potential corrosion, or otherwise, which were alleged or could have been alleged in this Litigation or in similar actions. You also cannot recover against any third parties, including without limitation manufacturers, suppliers, distributors (including wholesale and retail distributors), builders, developers, contractors, design professionals, plumbers, installers or others (as well as their related entities) responsible for manufacturing, supplying, distributing, selling, installing, or specifying use of Viega Brass Fittings on any claims that the Viega Brass Fittings are inadequate or of poor or insufficient quality or defective, due to corrosion, potential corrosion, or otherwise and relinquish the rights described in the Agreement as to such claims.
In addition, Plaintiffs requested that the Court award them $5,000 per home that is owned by the class representatives. The complete terms of the settlement are in the Agreement, which is available on the Court and Reference Documents tab on the Home page . You may also obtain a copy of the Agreement by sending a written request to: Verdejo v. Vanguard Piping Systems Claims Administrator, P.O. Box. 43206, Providence, RI 02940-3206, or by accessing the public docket for the Court.
7. Do I have a lawyer in this case?
Yes. The Court has appointed the following counsel for the Class: Kenneth Kasdan and Michael Turner of Kasdan Weber Turner LLP, 19900 MacArthur Blvd., Suite 850, Irvine, CA 92612, as well as Graham LippSmith of Girardi Keese, 1126 Wilshire Boulevard, Los Angeles, CA 90017.
The Court has appointed the following counsel to represent members of the Clark County Subclass: Scott K. Canepa and Terry Riedy of Canepa Riedy & Rubino, Troy L. Isaacson, Robert C. Maddox and Norberto Cisneros of Maddox, Isaacson & Cisneros, LLP, J. Randall Jones of Kemp, Jones & Coulthard, LLP, Francis I. Lynch and Charles Hopper of Lynch, Hopper, Salzano & Smith, LLP and James D. Carraway of Carraway & Associates, LLC.
The Court has appointed the following counsel to represent members of the Useful Life Subclass: Kenneth S. Kasdan and Michael D. Turner of Kasdan Weber Turner LLP and Graham B. LippSmith of Girardi Keese for the Useful Life Subclass members in Arkansas, Arizona, California, Delaware, Hawaii, Kansas, Louisiana, New Hampshire, Nevada (excluding Clark County), Oklahoma, West Virginia and Wyoming, and Scott K. Canepa and Terry Riedy of Canepa Riedy & Rubino, Troy L. Isaacson, Robert C. Maddox and Norberto Cisneros of Maddox, Isaacson & Cisneros, LLP, J. Randall Jones of Kemp, Jones & Coulthard, LLP, Francis I. Lynch and Charles Hopper of Lynch, Hopper, Salzano & Smith, LLP, James D. Carraway of Carraway & Associates, LLC for the Clark County Useful Life Subclass members.
8. How were the lawyers for the Settlement Class paid?
The Court determined what amount of attorneys' fees, costs and all other expenses should be paid to Class Counsel, Counsel for the Useful Life Subclass, and Counsel for the Clark County Subclass for their representation of Plaintiffs, the Settlement Class, the Useful Life Subclass, and the Clark County Subclass in this Litigation. Payment of attorneys' fees and expenses to Class Counsel, Counsel for the Useful Life Subclass, and Counsel for the Clark County Subclass does not reduce any benefits available to you as part of the settlement. Viega has agreed to pay Class Counsel, Counsel for the Useful Life Subclass, and Counsel for the Clark County Subclass an amount to be fixed by the Court as reasonable attorneys' fees, costs, and all other expenses, so long as the amounts do not exceed, $5,000,000 (for Class Counsel and Counsel for the Useful Life Subclass (excluding Useful Life Subclass members from Clark County) and $7,000,000 (for Counsel for the Clark County Subclass and Counsel for the Clark County members of the Useful Life Subclass).
9. How do I get more information about the settlement?
The Notice only summarizes the settlement. The official terms of the settlement are available by visiting the public files for the Superior Court of the State of California, County of Los Angeles, or by visiting the Court and Reference Documents page.