Class Certification Hearing Yet to Come

July 1st, 2013

The Court issued a ruling on May 10, 2013, but did not rule on class certification.

Judge Baker ruled on several of Plaintiffs’ claims, requiring substitution of class representatives and amendments to the remaining claims against IKO. Based on these rulings, the scheduling order has been amended to allow Plaintiff’s additional time to modify their claims as required by the court’s decisions.

Plaintiffs will file their amended motion for class certification on June 24, 2013, and Defendants will respond within 30 days. We anticipate that the judge will then hear arguments on the Motion and issue a ruling sometime after that.

We know that these lawsuits seem to take a long time, and often they do – even though the parties have worked hard to keep things moving forward. This is the challenging nature of litigation. We thank you for your interest in the case. Please continue to monitor the website for additional updates.

Also, please know that the proposed class action against IKO does not foreclose your ability to file an individual case against IKO and we cannot guarantee that you have a claim in this litigation. At this time we have filed cases against IKO in the following states: Illinois, Iowa, Massachusetts, Michigan, New Jersey, New York, Ohio and Vermont. Although we do intend to file suits in other states and seek a national resolution, we cannot guarantee this will happen. Therefore, you must be aware that certain statutes of limitations apply in your state that limit the amount of time you have to bring a claim from the date you discover the defect. To preserve your rights you may want to contact an attorney in your area.