Holland Law Firm attorneys Eric Holland and R. Seth Crompton, along with co-counsel firms, recently defeated an attempt by Tamko Building Products, Inc to send all claims of homeowners who have experienced problems with their Tamko shingles to forced arbitration. This represents a significant victory for consumers and homeowners against being forced into arbitration without their consent, which would strip away valuable rights and block access to courts for alleged wrongdoing.
This class action suit against Tamko was filed in its hometown of Joplin, MO on April 15, 2014. Plaintiffs alleged that Tamko shingles are defective in that they blister and crack, leading to early granule loss, increased moisture absorption, and permit other property damage to the other building components and to the interior of the house. In response, Tamko moved to compel arbitration by arguing that an arbitration clause placed on the package of each of the bundles of shingles should be enforced against homeowners. Following opposition by Plaintiffs’ counsel, a hearing was held where both sides presented their positions to the court. The Judge rejected Tamko’s arguments, denied the motion to compel arbitration, and also refused to delay the case further.
The Holland Law Firm, a nationally recognized complex litigation firm, has resolved class action matters on behalf of consumers who have been financially harmed as a result of alleged corporate misconduct and fraud. The firm has settled cases ranging from hundreds of thousands of dollars to hundreds of millions of dollars, serving in a variety of leadership positions from lead counsel to plaintiffs’ steering committee, most often focusing on cases involving construction product defect, financial fraud, consumer products, and product liability matters.