In 1995, Gilman and Pastor was retained by several building owners to investigate why their metal roof decks were corroding. We determined that the culprit was phenolic foam roof insulation (PFRI), which was a very popular building product in the 1980's and early 1990's. PFRI, when exposed to even small amounts of moisture, releases an acidic leachate which corrodes metal roof decks. Approximately 500 million square feet of PFRI was sold in the United States, first by Koppers Company (later known as Beazer East, Inc.) and later by Johns Manville Corporation. Any flat or low-sloped building which was either constructed or reroofed between 1980 and 1992 may contain PFRI.
In 1996 Gilman and Pastor commenced two product liability lawsuits in the United States District Court for the District of Massachusetts on behalf of building owners with PFRI against the two manufacturers. The litigation was extremely contentious, involved numerous potentially dispositive motions, discovery motions and extensive class certification proceedings. The defendants ultimately produced hundreds of thousands of documents as well as hundreds of depositions in the product liability lawsuit.
To prepare for hearings on class certification, summary judgment and trial, Gilman and Pastor marshalled testimony from experts in a variety of disciplines, including roof engineering, structural engineering, materials science and corrosion, and financial analysis. The firm obtained a significant decision upholding RICO claims against the manufacturers in the product liability lawsuit. See Sebago, Inc. v. Beazer East, Inc., 18 F. Supp. 2d 70 (D.Mass. 1998). The Court recently approved nationwide class settlements with the two manufacturers of the phenolic foam insulation, worth a combined estimated present value of more than $350 million.
If you own or manage a building which you suspect contains PFRI, or want additional information concerning a potential product liability case, please contact us.
Additional information is available at the dedicated PFRI claims web site, www.pfriclaims.com.
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