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Case ID: 4818 | Family | 05/25/2006
People who bought a house from KB Home in the past 10 years will not have to submit to binding arbitration in warranty disputes, according to an agreement between the builder and plaintiffs in a class-action lawsuit. A court in Laredo recently approved the final agreement.
The agreement covers Texas owners who bought a house from KB Home after January 1996. It covers about 60,000 homeowners in San Antonio, the Rio Grande Valley, Austin, Houston, Dallas and Fort Worth. The lead plaintiff in the case, Laredo truck driver Timothy D. Pruitt, said KB Home tried to require binding arbitration in a warranty dispute after it had agreed with federal regulators that it would not do so. Arbitration lets disputes be settled without a lawsuit. Consumer advocates have long opposed the practice of imposing binding arbitration clauses in consumer contracts, arguing that the process gives big companies unfair advantages. Janet Ahmad, president of HomeOwners for Better Building, said KB Home is now the only builder barred from requiring buyers to sign such agreements but that she hopes other builders will follow suit.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Family Cases of Interest The class has been certified in an action filed against Firelands Community Hospital on behalf of all persons who delivered a stillborn child or otherwise suffered a miscarriage at the hospital from January 1, 1988, through 1996, and for whom the hospital disposed of the stillborn child. The action alleged that the hospital improperly or in humanely disposed of fetal tissue from stillborns and miscarriages during the applicable period, in violation of state health regulations. Persons eligible to take part in this suit should contact attorneys for the class as soon as possible. Holiday Village East residents Harry and Rita Schmoll and Leonard and Eleanor Egnack filed a lawsuit in November 2002, and the action was later granted class-action status. The lawsuit alleged that some of the utility rooms, which house gas-powered furnaces, hot-water heaters and dryers, were not properly ventilated. All were built on or after Nov. 30, 1992. Experts say that a good air purifier should have an exchange rate of at least five times per hour. A class action has been filed against Sharper Image Corporation on behalf of persons who have purchased an Ionic Breeze air purifier in the past four years, who allege that the machines do not perform as advertised, in violation of state consumer protection laws. Twenty-six Horizon West health care nursing homes in California were named in a class-action lawsuit filed in Sacramento Superior Court alleging fraudulent business practices and inadequate staffing. The allegations in the complaint filed span from June 10, 2002 to June 10, 2006 and allege the defendants, Horizon West Inc. and Horizon West Healthcare Inc., failed to provide adequate nursing staff for patients. When a business contracts with consumers to carry out services such as filing real estate deeds, it is legally liable if it fails to carry out its end of the agreement. The parties have reached a tentative $650,000 settlement in a class action filed against Chase Manhattan Mortgage Corporation and South Coast Title Company on behalf of persons who (1) at any time after February 9, 1997, paid off their residential home loans secured by deeds of trust on real property within California, in a transaction in which South Coast served as the title company, escrow or sub-escrow company, and (2) paid reconveyance or release of obligation fees to South Coast, but who did not receive either a reconveyance or release of obligation from the company. Claim forms must be postmarked on or before October 8, 2003, to be considered valid. A federal judge in the Southern District of New York has given class action status to a lawsuit filed by a Burlington County man who claims he was defrauded and tricked into the purchase of "Freedom Tower Silver Dollar" coins.
In the lawsuit, attorney Stephen P. DeNittis claims National Collector's Mint Inc. misrepresented the composition of the commemorative coin, which sold for $23.45 plus shipping and handling |
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