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Pella Window Class Action Lawsuit

CASE UPDATE

Thousands of consumers have contacted our office in an effort to obtain relief for Pella Proline casement windows they have purchased or repaired. Many consumers partook in a settlement process that was ultimately rejected by the Seventh Circuit Court of Appeals. The case was then remanded to the District Court in the Northern District of Illinois, and essentially ordered to proceed as if the settlement had not occurred.

Presently, the parties are engaging in discovery. That means that both sides are seeking tangible evidence and witness testimony that will be used to prove or defend the claims at trial. Many windows and/or homes are being inspected and tested. If you have a Pella Proline window that you believe has failed, you should contact Clifford Law Offices.

Remember to keep all documentation associated with your purchase of Pella Proline windows, along with all documentation of any estimates or invoices for the repair or replacement of any Proline windows. Take photos of your windows, including any serial numbers. Keep any windows that show what you believe is a defect.

Lastly, contact Clifford Law Offices if you have Pella Proline casement windows that you have removed, or that you think should be removed, because the windows reflect what you consider to be a defect.

We also invite you to view our blog posts on class actions if you would like to learn more.


Robert A. Clifford, founder and senior partner at Clifford Law Offices, was named the new class counsel in a federal class action lawsuit regarding allegedly defective Pella windows. U.S. District Court Judge James B. Zagel appointed Clifford as lead class counsel on Sept. 15 citing his "demonstrated skills in the field." George K. Lang of Rolling Meadows was appointed to serve as co-counsel. Click here to read more.


FREQUENTLY ASKED QUESTIONS (FAQ)

  1. How long does a class action suit take before it reaches completion?
    • We intend to advance this litigation in as quick a pace as the court will allow, however, we expect that the court will set a firm trial date within a year’s time.
  2. What happens now that the initial settlement was rejected?
    • The prior settlement, crafted prior to Clifford Law Offices’ involvement in the case, was rejected by the Seventh Circuit Court of Appeals. That is the only substantive aspect of the case that has changed. The case returns to a point of litigation as if a settlement had not occurred. We will proceed with discovery and advance the case to trial on the issues of a design defect.
  3. What do I have to do to become part of this class action?
  4. I was part of the initial suit, what do I have to do be a part of this class action suit?
    • Consumer data from the rejected settlement in the case was provided to the class administrator, and that data will be preserved. To be cautious, however, please complete the intake form.
  5. What documents should I retain?
    • Retain all invoices, work orders and receipts, letters, emails, and letters pertaining to your Pella window purchase and/or replacement purchases. Take photographs of each window in the house you are removing, before removal; take photographs of the same windows after they are removed; and, preserve and retain the defective windows, if at all possible. You should make certain that you have a serial number for each window, and that you keep all documents associated with the first set of Pella’s and any subsequent purchases.
  6. Is this class action only applicable for the Pella Pro-Line windows?
    • Presently the certified class is for the Pella Pro-Line windows. Many homeowners have more than one model of Pella windows in their homes. You will need to look at your original paperwork concerning which series of windows you have in your home and whether you are a member of the Pro-Line class.
  7. My windows are in need of repair, what actions can I take?
    • You should work with a trusted contractor/installer to determine if you require replacement windows and what replacement windows are best-suited for your home. Often the replacement windows used must also be a Pella brand due the installation specifications unique to Pella and your existing window openings. Using another brand, though possible, may require additional structural modifications to your existing window openings so as accommodate another brand. Make certain that you keep detailed notes concerning all options and selections. Make sure that your installer/contractor writes on your work order detailed window specifications and installation requirements concerning your options and selections.
  8. What will my role be in this case, will I have to show up to court?
    • Class counsel will appear in court and represent in court the interests of the class. You are not required to attend court hearings, but the court proceedings are entirely open to the public. We will contact you should we require your specific appearance in court.
  9. How can I find information on the progression of the case?
    • A certified class in a class action lawsuit can have tens of thousands of members. In order to be efficient in providing information, a website will be available soon where relevant material regarding this case will be posted. Please visit the site to check for updates. Class members will be notified by letter and/or email of further details concerning any future action class members must take. You may also call for information concerning the status of the case.

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