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Primary plaintiff Matthew Traxler filed the Olympic Rescue It! Class action lawsuit in an Ohio federal court on May 8, 2015. The class action lawsuit alleged Olympic products possess a design problem that causes failure of the products to attach to decking and other surfaces. The result of the inferior design of the products was the formation of cracks and bubbles on the surfaces where the products were applied.
Terms of the class action settlement require Olympic to compensate consumers who purchased Revitalize and/or Rescue It products that experienced adhesion issues to decking and other types of surfaces. The company has set up a $6.5 million fund that will distribute to eligible class members, as well as to Traxler as an incentive award. Money from the class action settlement fund also goes towards paying for court costs and attorney fees.
Although Olympic continues to deny all of the class action lawsuit allegations, the company settled the class action lawsuit to avoid the high costs of a civil trial.
What You Need To Know About The Olympic Rescue It! Class Action Settlement
According to court documents, eligible class members of the Olympic class action settlement “include anyone in the United States and its territories who purchased a Rescue It! product between Jan. 1, 2013 and April 27, 2017.” Eligible class members might receive reimbursement for purchasing the defective products, as well as for any of the costs incurred for removing and/or replacing the defective products. Class members who paid to remove Rescue It! Products can receive $2 times the square footage of the area where a Rescue It product was applied. Replacement costs create an award of $6 times the area square footage.
Class counsel has stated the class action claim form requires eligible class members to “select the type and quantity of Rescue It! product(s) purchased and indicate the type of relief they are seeking. Claimants must provide proof that they purchased the product and that they suffered a qualifying problem.” Class Members seeking reimbursement for removal or replacement of Rescue It products must submit documentation to accompany the claim form. The deadline for submitting a valid claim form is August 24, 2018.
Traxler, et al. v. PPG Industries Inc., et al., Case No. 1:15-cv-00912-DAP, in the U.S. District Court for the Northern District of Ohio, Eastern Division has already conducted the final hearing, which occurred on August 23, 2017. Visit the class action website www.RescueItSettlement.com to learn what happened at the final hearing. The class action settlement website also includes updates concerning the potential award. Class counsel includes attorneys who represent the law firms McCune Wright Arevalo LLP and Cafferty Clobes Meriwether &Sprengel LLP. The defense counsel comprises lawyers who work at Alston & Bird LLP.
ALSTON & BIRD LLP