Polybutylene Water Pipe

Fleming & Associates firm represented more than 60,000 individuals who owned more than 100,000 property units with defective polyethylene plumbing that had caused massive leaks and failures. The lawsuits filed on behalf of the plaintiffs alleged that for many years Shell Oil Company and Hoechst Celanese Corporation provided the defective materials from which polybutylene plumbing systems were manufactured. It was alleged that, due to the defective materials supplied by Shell and Celanese, the plumbing systems failed and leaked. The litigation lasted 10 years and Fleming & Associates personally represented its clients in many jury trials.

The lawsuits sought the cost of replumbing the buildings and cash for the water damage, inconvenience, and aggravation caused by the leaks. The discovery in this case included nearly 50,000 sets of answers to interrogatories and the taking of more than 8,000 depositions of property owners. More than 30,000 individual home inspections were performed, with individual damage assessments for each home. Expenses of more than $10 million were incurred by Fleming & Associates in developing and prosecuting the cases, which were taken on contingency, demonstrating the firm's remarkable financial strength for mass actions.

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