U.S. District Judge John Robert Blakey issued his preliminary approval for a Class Action settlement against Behr Process Corporation, et al. Kohn, Swift & Graf (with co-counsel) represents the Plaintiffs in the case.
Judge Blakey preliminarily approved the settlement agreement in the case where plaintiffs alleged that Behr manufactures a line of products under the name “DeckOver” that allegedly causes property damage to the surfaces in which it is applied. Since the products failed to protect and adhere to these surfaces, consumers spent even more time and money repairing their decks, including costs for removing the product, replacing the product, and more.
The proposed settlement class consists of all persons and entities that, between September 1, 2012 and the date of Preliminary Approval, purchased DeckOver in the United States and applied it to any property located in the United States owned or leased by the purchasing person or entity.
The following benefits will be available to Class Members:
Refund: Class Members will be entitled to receive a refund from Behr Process Corporation upon completion and submission to the Class Action Settlement Administrator of a Claim Form.
Damages: In addition to receiving a refund, Class Members will be entitled to receive compensation from Behr Process Corporation for property damage relating to the use of DeckOver as provided below:
Compensation for 75% of the amount paid by the Class Member to repair the claimed damage
Compensation for 75% of an amount equal to $4 per square foot for the substrate’s surface area for those who cannot provide estimates, invoices or receipts for repair work
The case is styled Bishop, et al. v. Behr Process Corporation, et al., Case No. 1:17-cv-04464, in the United States District Court for the Northern District of Illinois Eastern Division.