There are six class actions now pending before the court, brought on behalf of owners of homes and other structures containing allegedly defective ABS drain, waste, and vent (DWV) pipe manufactured by defendants Polaris Pipe Company, Gable Plastics, Inc., Centaur Manufacturing, Inc., Centaur Marketing, Inc. (doing business as Phoenix Extrusion Company), and Apache Plastics, Inc. The plaintiffs in these actions allege that these pipe manufacturers used allegedly defective plastic resin developed by resin manufacturers, including defendant Plastic Processing, Inc. (PPI). The actions alleged that ABS pipe cracks circumferentially at the joints, and these cracks may lead to leaks. The plaintiffs also allege that defendant International Association of Plumbing and Mechanical Officials (IAPMO) permitted its stamp of approval to be placed on the pipe, and that defendant Amfac Distribution Corporation (formerly Amfac Mechanical Supply Company), among others, distributed the pipe.

ABS DWV plumbing pipe is rigid, black, non-pressurized, plastic pipe used to drain sinks, tubs, showers, toilets, washing machines, and dishwashers. It is also used to vent drain and waste pipes. Each manufacturer used the unsuitable resin during different periods. To participate in the settlements, claimants must have ABS pipe that: (1) has cracked circumferentially adjacent to a joint or fitting; (2) has leaked; and (3) was manufactured by one of the five defendant ABS pipe manufacturers during the relevant time frame.

The five manufacturers produced allegedly defective ABS pipe during the following periods:

• Centaur: January 1985 through September 1985;
• Phoenix: November 1985 through September 1986;
• Gable: Periodically between November 1984 and December 1990;
• Polaris: Periodically between January 1984 and December 1990; and
• Apache: Periodically between November 1984 and December 1990

ABS pipe is marked on the outside wall of the pipe. The markings include the name of the manufacturer, references to code specifications, and a date code. The date code, when translated, reveals the date the pipe was manufactured. Examples of how the pipe is marked may be found on the settlement web site. Here are some tips for identifying qualifying ABS pipe:

• ABS pipe is black rigid, non-pressurized plastic pipe-- If your pipe is flexible or made of metal, such as copper, iron or galvanized steel, or carries pressurized water, it is not ABS pipe. Determine when your house was built. Qualifying ABS pipe was first manufactured in 1984. If your plumbing is older than 1984, it cannot contain qualifying ABS pipe.
• Not all pipe manufactured by the defendant manufacturers during the applicable periods will crack and result in leaks. You may have pipe manufactured by one or more of the defendants that will not leak.

If qualifying pipe has already been repaired or replaced, you may seek reimbursement (with adequate proof of repair) unless you have already been reimbursed or already received a free repair or replacement.

Because the settlements at issue create separate funds for each pipe manufacturer, resin supplier PPI, distributor Amfac, and IAPMO, class members who have leaking ABS pipe may be entitled to payments for repairs from more than one settlement fund.

The PPI Settlement

PPI is a Texas company that sold plastic resin to ABS pipe manufacturers from the end of 1984 through 1986. PPI went out of business in 1987, has no assets, and has limited insurance. The PPI class consists of all persons and corporate entities who are past, current or future owners, residents, and occupants of buildings or structures located within California containing ABS pipe manufactured between November 1, 1984, and December 31, 1986; and who have asserted or could assert claims for property damage against PPI relating in any way to ABS pipe. This means that if your residence is located in California and has ABS pipe manufactured between November 1984 and December 1986 by one of the five defendant manufacturers (Polaris, Gable, Phoenix, Apache, or Centaur), you may be a member of the PPI Settlement class, and you may be entitled to benefits from the PPI Fund if your ABS pipe has leaked or leaks in the future.

Pursuant to the PPI Settlement, PPI and a related company, Hi-Lo Corporation ("Hi-Lo"), that distributed some allegedly defective resin for a brief time to Phoenix only, have agreed to pay approximately $25 million into a PPI Settlement Fund for the benefit of all class members. The PPI Fund, along with the IAPMO and Amfac Funds, will pay approximately 50% of the repair and replacement costs, with the manufacturer funds paying the rest (except as to Polaris, as addressed below). Finally, 35% of the PPI Settlement Fund shall be transferred to the Polaris Fund, for use in the repair of Polaris ABS pipe. The court has conditionally certified the PPI settlement class as a mandatory class, which means that, if final approval is granted, you cannot exclude yourself from the PPI class. The Court has ruled that a mandatory class is appropriate because PPI went out of business in 1987; PPI is without assets; PPI has only limited insurance monies to pay claims; and preventing class members from opting out of the PPI Class best protects the PPI Fund for all members of the PPI settlement class.

The Polaris Settlement

The Polaris Settlement provides for certification of a voluntary, western regional settlement class involving properties with Polaris ABS pipe in California, Arizona, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. The class consists of persons and corporate entities who were, are, or become owners, residents, and/or occupants of any residences or building structures and who have current or future claims for property damage related to Polaris ABS pipe manufactured between January 1, 1984, and December 31, 1990.

Pursuant to the Polaris Settlement, the company has agreed to pay up to $25 million for the benefit of the Polaris settlement class. The Polaris Fund shall be maintained for a period of 10 years, after which Polaris will have no further obligation to the Polaris class. During the ten year settlement period, Polaris class members can seek repair of leaking Polaris ABS pipe and reimbursement for past repairs of leaking Polaris ABS pipe. The Polaris settlement also calls for 35% of the PPI Fund, 30% of the Amfac Fund, and 30% of any future class settlements involving Polaris ABS pipe to be deposited into the Polaris Fund for the benefit of Polaris class members. Note that persons who wish to participate in the Polaris settlement must fill out a different claim form than those who are participating in the other settlements. To obtain a Polaris Claim Form, please contact the Polaris Fund Administrator at 1-888-644-7473.

The Gable Settlement

The Gable settlement class consists of all persons and corporate entities who have asserted, or could assert, claims for damage to property against Gable arising out of or relating in any way to Gable ABS pipe manufactured during the period 1984 through 1990 and installed in properties in California, Arizona, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, and the territory of Guam. The class consists of all past, current and future owners, residents, and occupants of property damaged by leaking Gable ABS pipe. Pursuant to the settlement, Gable will contribute approximately $16,130,000 into a settlement fund for the benefit of all Gable class members.

The IAPMO Settlement

The IAPMO settlement class consists of owners of property who have current or future claims against IAPMO for property damage or other damages of any kind to their residences, real property and/or fixtures, including economic loss relating in any way to ABS pipe manufactured by the five defendant manufacturers between 1984 and 1990. The settlement covers properties in California, Arizona, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and the territory of Guam. The class consists of all past, current and future owners, residents and occupants of structures that contain ABS pipe as described.

Pursuant to the settlement, IAPMO will pay approximately $2.875 million into a settlement fund for the benefit of all IAPMO class members. The IAPMO settlement requires that the IAPMO Fund set aside $100,000 of the $2.875 million fund for a period of ten years for the potential benefit of IAPMO in the event there are additional claims against IAPMO.

The Apache Settlement

The Apache Settlement class is limited to properties in California and Arizona owned by persons and corporate entities who have current or future claims for property damages against Apache relating in any way to ABS pipe manufactured by Apache between December 1, 1984, and December 31, 1990. Pursuant to the settlement, Apache has agreed to pay $2.4 million into a settlement fund for the benefit of all Apache class members.

The Phoenix Settlement

The Phoenix Settlement class consists of persons and companies who have current or future claims for property damage against Phoenix relating in any way to Phoenix ABS pipe manufactured between November 1985 and November 1986. The settlement covers structures sited in California, Idaho, Nevada, Oregon, and Washington. Phoenix is an insolvent and bankrupt corporation. Under the settlement, Phoenix has agreed to pay $1.5 million into a fund for the benefit of all qualifying Phoenix class members. The $1.5 million represents all of the insurance proceeds available to Phoenix. The settlement fund will include $75,000 to be set aside as a reserve fund to be used in the event any Phoenix class member institutes any future actions against Phoenix arising out of ABS pipe covered by this settlement.

Because of limited funds, Phoenix class members will receive 10% of their repair and replacement costs from the Phoenix fund. This means that Phoenix class members who are also members of the PPI, IAPMO and Amfac classes will receive payment for 60% of the repair and replacement costs.

The Amfac Settlement

The Amfac settlement consists of all persons who have asserted, or could assert, claims against Amfac for property damage arising out of ABS pipe manufactured by Polaris, Gable, Apache, Phoenix and Centaur, during the period 1984 through 1990, and distributed by Amfac in California, Arizona, and Nevada. Pursuant to the settlement, Amfac has agreed to pay $500,000 into a fund for the benefit of all Amfac class members.

The Centaur Settlement

Centaur is an insolvent and bankrupt corporation, and is paying in settlement all of its insurance proceeds -- approximately $175,000 -- for the benefit of all persons who own residences or structures containing Centaur ABS pipe manufactured in 1985. Due to the limited funds available, Centaur class members shall receive 10% of the repair and replacement costs from the Centaur Fund. This means that Centaur class members who are also members of the PPI, IAPMO and Amfac classes, will receive payment for 60% of the repair and replacement costs.

Most questions can be answered by the materials on the settlement website. If you have any questions, you may contact the settlement administrators by writing:

ABS Pipe Litigation
P.O. Box 4068
Portland, OR 97208-4068

Or calling the toll-free settlement hotline at (888) 644-7473