ROSELYN BRASWELL, et al. v BOW PLUMBING GROUP, INC.

*IMPORTANT: If you received this curative letter voiding your request for exclusion due to the “significant number of misleading and inaccurate communications with Class Members by the Aughtman Law Firm, LLC and/or Jemison & Mendelsohn, P.C.”, this deadline has been amended to allow you additional time to consider whether to remain in the Class. Your Exclusion Deadline is June 21, 2024. Your Objection Deadline is June 21, 2024. The deadlines were not amended as to anyone who did not receive the curative letter.

• The counsel for both parties has reached a preliminarily approved class-wide settlement in a federal class action lawsuit against Defendant Bow Plumbing Group Inc. (“Bow”), subject to final approval by the federal Court. The plaintiffs in that case alleged, on behalf of the class, that Bow’s PEX Tubing (the “Covered Products”) is defective and may leak prematurely, which may cause water damage to homes and other structures. Bow denies these allegations and rejects the claim that there is anything wrong with the Covered Products. Bow also denies that it is liable to the Plaintiffs or the class.  However, Bow has agreed to the settlement described on this website on a non-admission basis to avoid further and additional litigation and buy peace.
• Even if you have a pending lawsuit against Bow related to the Covered Products, you are part of the Class unless you affirmatively opt out of the Class pursuant to the process set forth below. If you remain in the Class and do not opt out, you will be eligible for reimbursement for the repair and/or replacement of the Bow PEX pipe in your home or structure, including any other related property damage, through the Class Settlement. You will receive significant compensation within months and eliminate the risk of losing at trial and recovering nothing or very little. If you opt out to pursue or continue litigation on your own, the process will take significantly longer—likely years longer—and may include litigation up to and including trial, any appeals, and any retrials, all of which could result in little to no recovery. Also, you will not be responsible for payment of attorneys’ fees or expenses from any settlement awarded to you through the Class Settlement.
• If you elect to opt out of the Class, you may continue to move forward with your pending lawsuit, but you cannot receive any monetary award from the Class Settlement, and you will be responsible for your own attorneys’ fees and expenses in connection with your lawsuit. It is important to note that you cannot participate in the Class Settlement and continue to maintain your own individual case. (This is explained in detail on this website.)
• If you are a Settlement Class member, you may qualify for monetary benefits under the proposed Settlement for past or future unreimbursed, reasonable, and documented costs incurred in connection with: (a) the repair or replacement of the pertinent section(s) of Tubing as a direct result of a Qualifying Leak (defined below); (b) the repair or replacement of other property damaged as a direct result of a Qualifying Leak; and (c) the material and labor costs reasonably necessary to bring the residential or commercial structure and its contents back to the same finish and quality as existed before the Qualifying Leak. You may also qualify for a re-plumb remedy or alternative cash payment if you have experienced Multiple Qualifying Leaks.
• The proposed Settlement has been preliminarily approved by the Court—which means the Court has determined that the settlement is fair and reasonable. This website provides information about the Litigation, the Settlement, and your options as a Settlement Class member. Please read this website carefully because it affects your legal rights. A federal court authorized us to send this notice to you. This is not a solicitation.
• Your options under the Settlement include, but are not limited to, the following: