CertainTeed is a North American manufacturer of building materials for both commercial and residential construction and is a wholly owned subsidiary of Saint-Gobain SA, based in Paris.
The company was established in 1904 as the General Roofing Manufacturing Company by George M. Brown in East St. Louis, Illinois, with $25,000 in start-up capital. In 1917, the company restructured, incorporated, and changed its name to the Certain-teed Products Corporation. It began trading on the New York Stock Exchange in 1918. [1]
CertainTeed operates 65 manufacturing plants in the United States and Canada. [2] Certainteed manufactures products for four industries : Roofing, Siding, Insulation, Gypsum and Ceilings. [3] It exports building products to more than 50 countries. CertainTeed has held more than 350 patents on its products in the past 30 years. In 2015, CertainTeed was recognized as the top brand in Siding: insulated, Siding: Vinyl categories, Roofing: Clay/Concrete/Synthetic Tiles, and Roofing Photovoltaic categories. [4]
Historically, CertainTeed was a major manufacturer of asbestos-cement pipes for water utilities for many decades. Asbestos was mixed into the cement as a binder. CertainTeed phased out the use of asbestos in its products around 1990. As a result, CertainTeed is now a major defendant in product liability lawsuits brought by persons who worked on water utility projects and their families.
On April 29, 2010, in a product liability case filed by a mesothelioma patient whose husband used to cut CertainTeed pipe for a living, a Los Angeles Superior Court jury returned a verdict of $8.8 million in compensatory damages and $200 million in punitive damages against CertainTeed and the Los Angeles Department of Water and Power. [5] The allocation of fault was 70% to CertainTeed and 30% to LADWP. On July 21, 2010, the Court overturned this verdict, and specifically granted CertainTeed's post-trial motions, holding that the punitive damage award was unconstitutional, that the amount of punitive damages could not exceed the amount of compensatory damages, and that a new trial was required on all issues. [6] The case is currently on appeal.
A class action suit brought by representatives of the end users against CertainTeed Organic Shingles was approved on September 1, 2010. The complaint was that the shingles were subject to early failure or did not perform as expected by warranty. Some 30 years shingles only lasted 10 years. CertainTeed denies that the shingles were faulty, but quit manufacturing that particular type in 2005. The Court's role in the Settlement was to make sure there was a proper and fair settlement and did not decide in favor of either the Class or CertainTeed. [7] A similar lawsuit is underway for similar complaints arising from CertainTeed Landmark, Independence, and Presidential fiberglass shingles. [8]
Throughout 2011 and 2012, many home owners that purchased CertainTeed Fiber Cement Siding (also called WeatherBoards Fiber Cement exterior siding) filed class action lawsuits against the manufacturer due to problems with shrinking, cracking and warping.
On January 23, 2020 the successor to CertainTeed filed for bankruptcy protection for Certainteed's asbestos products in U.S. Bankruptcy Court for the Western District of North Carolina in Charlotte. [9]
Owens Corning is an American company that develops and produces insulation, roofing, and fiberglass composites and related materials and products. It is the world's largest manufacturer of fiberglass composites. It was formed in 1935 as a partnership between two major American glassworks, Corning Glass Works and Owens-Illinois. The company employs approximately 19,000 people around the world. Owens Corning has been a Fortune 500 company every year since the list was created in 1955. The Pink Panther acts as the company's mascot and appears in most of their advertisements.
James Hardie Industries plc is a global building materials company and the largest global manufacturer of fibre cement products. Headquartered in Ireland, it is a dual-listed company, being listed on the Australian and New York Stock Exchanges. Its management team currently sits in Chicago, Illinois, United States. James Hardie was plagued by several asbestos-related scandals in the 20th century.
Johns Manville is an American company based in Denver, Colorado, that manufactures insulation, roofing materials and engineered products. For much of the 20th century, the then-titled Johns-Manville Corporation was the global leader in the manufacture of asbestos-containing products, including asbestos pipe insulation, asbestos shingles, asbestos roofing materials and asbestos cement pipe.
The mineral asbestos is subject to a wide range of laws and regulations that relate to its production and use, including mining, manufacturing, use and disposal. Injuries attributed to asbestos have resulted in both workers' compensation claims and injury litigation. Health problems attributed to asbestos include asbestosis, mesothelioma, lung cancer, and diffuse pleural thickening.
Transite originated as a brand that Johns Manville, an American company, created in 1929 for a line of asbestos-cement products, including boards and pipes. In time it became a generic term for other companies' similar asbestos-cement products, and later an even more generic term for a hard, fireproof composite material, fibre cement boards, typically used in wall construction. It can also be found in insulation, siding, roof gutters, and cement wallboard. The more prevalent transite found in wall construction and roofing tiles for example, will last anywhere from 50 years to over 100 years.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
GAF is an American manufacturing company based in Parsippany, New Jersey, that has roots dating back to the late 19th century. The GAF acronym stands for General Aniline & Film. The company has historically been primarily focused on manufacturing of roofing materials for residential and commercial applications. At one time GAF was also active in manufacturing photographic film as well as cameras and projectors, and was the manufacturer of the View-Master, the famous line of 3D transparencies, viewers and projectors. Briefly in the 1970s, it was the official film of Disneyland and Walt Disney World, and at this time actor Henry Fonda served as the company's spokesman in several television commercials, including one that featured Jodie Foster in her first acting role. John Altmeyer is the CEO of GAF, an operating subsidiary of Standard Industries.
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749 (1985), was a Supreme Court case which held that a credit reporting agency could be liable in defamation if it carelessly relayed false information that a business had declared bankruptcy when in fact it had not.
William Mark Lanier is an American trial lawyer and founder and CEO of the Lanier Law Firm. He has led a number of high profile product litigation suits resulting in billions of dollars in damages, including Johnson & Johnson baby powder and Merck & Co.'s Vioxx drug.
Sterling v. Velsicol Chemical Corp., 855 F.2d 1188, was an environmental lawsuit filed by citizens of Hardeman County, Tennessee, led by Steven Sterling, who sued Velsicol Chemical Corporation for contaminating their water supply through improper disposal of toxic chemicals.
In re Garlock Sealing Technologies, LLC is a court case heard in the United States District Court for the Western District of North Carolina which involves the entry into bankruptcy proceedings by Garlock Sealing Technologies, once a manufacturer of coated asbestos gaskets, as a result of potential liability from current and future settlements. The plaintiffs were over 4,000 asbestos victims suffering from mesothelioma, including many Navy veterans, as well as an unknown number of future mesothelioma victims. As noted by the court, mesothelioma "is always fatal, causing death essentially by suffocation within about eighteen months of diagnosis" and involves "a horrific death."
Weitz & Luxenberg P.C. is a large personal injury and medical malpractice law firm headquartered in New York, specializing in asbestos litigation. The firm also specializes in medical malpractice, consumer protection, and environmental protection litigation.
Levy Konigsberg is an American-based law firm that was established in 1985. The company is known for a number of high-profile cases in the United States. Its practice areas include asbestos litigation, qui tam, lead poisoning, sexual abuse, tobacco litigation, medical malpractice, and negligence. In 2015, Levy Konigsberg was recognized as one of the 50 Law Firms in the 2015 Elite Trial Lawyers list by The National Law Journal.
Bollea v. Gawker was a lawsuit filed in 2013 in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, delivering a verdict on March 18, 2016. In the suit, Terry Gene Bollea, known professionally as Hulk Hogan, sued Gawker Media, publisher of the Gawker website, and several Gawker employees and Gawker-affiliated entities, for posting portions of a sex tape of Bollea with Heather Clem, at that time the wife of radio personality Bubba the Love Sponge. Bollea's claims included invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress. Prior to trial, Bollea's lawyers said the privacy of many Americans was at stake while Gawker's lawyers said that the case could hurt freedom of the press in the United States.
Simon Greenstone Panatier is a law firm based in Dallas, Texas, specializing in personal injury litigation and tort liability.
Within the United States, the use of asbestos is limited by state and federal regulations and legislation. Improper use of asbestos and injury from exposure is addressed through administrative action, litigation, and criminal prosecution. Injury claims arising from asbestos exposure may be tried as mass torts.
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Smithfield Foods has been sued multiple times related to the disposal of hog waste using anaerobic lagoons. State governments have responded to the suits against Smithfield and similar litigation by strengthening ”Right-to-Farm” laws.
Celotex Corporation is a defunct American manufacturer of insulation and construction materials. It was the subject of a number of high-profile lawsuits over products containing asbestos in the 1980s, eventually declaring Chapter 11 bankruptcy in 1990.
A Texas two-step bankruptcy is a two-step bankruptcy strategy under US bankruptcy law in which a solvent parent company spins off liabilities into a new company, and then has that new company declare bankruptcy. In the first step, the parent company undergoes a Texas divisive merger, which allows companies to split off their liabilities from their assets. In the second step, the newly created spin-off declares a chapter 11 bankruptcy, usually in North Carolina, where bankruptcy courts are perceived to be more open to this scheme. The Texas two-step allows solvent companies to shield their assets from litigants using protections that are normally reserved for bankrupt companies. The goal of a Texas two-step is for the parent company to gain a third-party release of all liabilities it assigned to its spinoff, thus preventing litigants from pursuing those claims against the parent.