Class action lawsuits have been notorious in our litigious society. Class action lawsuits, which allow multiple plaintiffs to band together to file a lawsuit together, often settle for a lot less money than a class-action lawsuit would cost if it were successfully sued individually. And there have even been cases when a class-action lawsuit has been successfully won by allowing all of the plaintiffs to sue together, an individual plaintiff, and not one corporation, as is often the case in corporate America.
Trex Decking Class Action Lawsuits
So how does one go about filing a Trex decking lawsuit? Well, first of all, the Class Action Lawsuit should be filed in state court in the county where the manufacturer, Sycom, stores the decks. However, there is one caveat…if the lawsuit is brought in state court, then the complaint must be signed by an authorized state officer such as a district attorney or recorder. Additionally, there should be a certificate of service indicating that the complaint has been filed in the correct county. Otherwise, the complaint will be filed in the wrong court and the defendant will be able to avoid having to answer the complaint.
Also, the company must be properly represented in the class action lawsuit.
This means hiring a lawyer, or the attorneys who have been properly paid to represent the defendant in any of their prior lawsuits, or paying the cost of a private lawyer who has knowledge of decking manufacturing processes. If the manufacturer fails to hire an attorney to represent them, then the plaintiff must disclose this fact in court and must also ask that court be held in contempt of court for failure to obey its terms of agreement regarding discovery requests regarding the manufacturing process.
Once the complaint has been filed in state court, and the manufacturers defendant files a response denying liability and/or damages, the case will move to the district court.
There, the court will determine if the complaint is indeed valid. If the complaint states facts and figures that support the claims that the plaintiff has made, it will likely move to a jury trial. In a typical class-action lawsuit, the plaintiff receives a large percentage of the potential settlement if it is successful in the class-action lawsuit.
Once the class-action suit is dismissed due to the defendant’s refusal to acknowledge liability and/or in the case of refusal to pay damages, then the plaintiff will receive a settlement.
There is currently a trend in many lawsuits involving decking issues to use a trex decking settlement as a form of payment. The reason for this trend is that a majority of decking issues that have been resolved, either through a warranty repair or a decking settlement, can also be sold by the manufacturer to consumers at a discount. This presents a golden opportunity for those with decking issues to make money from their warranty rights when purchasing new decks constructed from new decking warranties.
Trex decking is an attractive product to pursue in the recent months with the current trends in decking lawsuit settlements and the best decking material available.
Consumers should research the manufacturers claim that they are the best decking material on the market before purchasing from any manufacturer. Consumers should also familiarize themselves with state and local laws pertaining to decking issues and filing class-action lawsuit settlements.