LP Decking & Railing Class Action
The purpose of this website is to provide information regarding the LP Decking & Railing Class Action lawsuit. A settlement has been reached in the case of Carol Postier, individually and on behalf of all others similarly situated, Plaintiffs vs. Louisiana-Pacific Corp., Defendant.
The settlement was preliminarily approved by the Court on November 1, 2010
If you have questions regarding the Settlement Agreement, you may contact the LP Decking and Railing Claims Office by calling the toll free number below, or by writing to the LP Decking and Railing Claims Office at 1610 West End Ave Suite 200 Nashville, TN 37203. You may also contact Class Counsel, Audet & Partners, LLP at (415) 568-2555.
For more information call 1 (888) 325-1184 to request a copy of the Long Form Notice or a copy of the Settlement Agreement.
Notice of Settlement
For more information, click on the following links
In this lawsuit, Carol Postier v Louisiana-Pacific Corp., filed in the U.S. District Court for Northern District of California, the Representative Plaintiff alleged that Louisiana-Pacific ("LP") manufactured, warranted, and sold certain LP composite decking and railing materials that are subject to premature Deterioration. LP denies these allegations. In September 2010, LP and the Representative Plaintiff reached a proposed Class Action Settlement to resolve their dispute.
If you own an ABTCo., LP, Veranda, or WeatherBest decking or railing product, you are included in the Settlement. You can send in a Claim Form to request an inspection of your decking/railing to obtain Settlement benefits, or you can opt-out of the Settlement. The U.S. District Court for the Northern District of California authorized this notice and will have a hearing to decide whether to approve the settlement. You can get more detailed information from the Long Form Notice by clicking the link below or by calling 1-888-325-1184 to request a copy.
Download the Long Form NoticeYou may receive benefits only if you complete the applicable Claim Form, and your decking or railing has experienced Damage or Deterioration. The Claim Form may be obtained at the link below or by calling 1-888-325-1184 to request a copy. The Claim Form must be postmarked within the Warranty Period applicable to your product.
Download the Claim FormIf your deck has any Deterioration as defined by the Settlement, LP will replace the deck at no charge to you. If your deck is Damaged as defined by the Settlement, but does not present a risk of structural failure, you will be offered a cash payment for the Damaged material. For more information on the Settlement benefits, please see the Long Form Notice, which is available by clicking the link below or by calling 1-888-325-1184 to request a copy.
Download the Long Form NoticeThe Court has appointed William Audet and Joshua Ezrin of Audet & Partners, LLP to represent you as "Class Counsel." As compensation for their fees and expenses, Class Counsel will ask the Court to award fees in the amount of $775,000 from LP over time. You may hire your own lawyer to appear in Court for you. If you do, you have to pay that lawyer. Carol Postier is a class member like you, and the Court has accepted her as the "class representative." She will receive $2,000 in consideration for her efforts as class representative. For more information, see the Long Form Notice which is available by clicking the link below or by calling 1-888-325-1184 to request a copy.
Download the Long Form NoticeExclude Yourself: If you exclude yourself or "opt-out", you will get no payment, but you will be free to file an individual lawsuit against LP about the claims discussed in this Notice. For instructions on excluding yourself from the Settlement, see the Standard Long Form Notice. The deadline for excluding yourself is December 31, 2010.
Object: If you do not wish to exclude yourself from the Settlement but you think some aspects of the proposed Settlement are unfair, you can object by writing to the Court explaining why you don't like the Settlement. For instructions on objecting to the Settlement, see the Standard Long Form Notice. The deadline for objecting to the Settlement is December 31, 2010.
Appear at Hearing: If you do not exclude yourself, you can ask to speak to the Court about the fairness of the Settlement. The Fairness Hearing, also known as the Final Approval Hearing, will be held on February 4, 2011, at 9:30 a.m. The Hearing will be held at the United States District Court for the Northern District of California, 450 Golden Gate Ave., Courtroom A (15th Floor), San Francisco, CA 94102. For instructions on appearing at the Fairness Hearing, see the Standard Long Form Notice.
Send Claim Form: If your decking/railing products appear to have suffered Deterioration or Damage, as defined in the Settlement, prior to the expiration of their Warranty Period, you should send in a Claim Form. Deadlines for filing the Claim Form vary according to the warranty on your decking/railing materials. For information regarding the Claim Form deadline that applies to you, see the Standard Long Form Notice. You will not benefit from the Settlement if you do not submit a Claim Form.
Do Nothing: If you do nothing, you will be bound by the terms of the Settlement and give up your right to sue LP on these claims later. You will receive no payment if you fail to file a Claim Form by the deadline that applies to you as set forth in the Standard Long Form Notice.
Downloads
The LP Decking & Railing Claims Program claim formInstructions for the claim form
Decking long form notice
Decking short form notice
FAQ document