Property

Many property cases involve faulty building products, and often the homeowners with installations of these building products cannot be identified directly, making paid media notice the primary means of notification. Because homeowners can often qualify for full or partial replacements of expensive products, these notice programs must be far-reaching and comprehensive.

Kinsella Media has implemented numerous programs notifying homeowners that their plumbing, roofing, siding, radiant heating, stucco or other building product is faulty, resulting in millions of claims filed and an unmatched expertise in effectuating this type of notice.

Selected Case Experience: Building Materials and Products

Cox v. Shell Oil Co.

No. 18,844 (Tenn. Ch. Ct. Obion County)

Kinsella Media designed and implemented the initial notice program as well as four subsequent notice programs in this litigation involving faulty polybutylene plumbing. Over 2.5 million consumers have responded to the notice programs regarding this well-known litigation. Notices have appeared on network and cable television, across the Internet, and in national consumer magazines, newspaper supplements and local newspapers. While the first three notice programs featured national television, the subsequent two notice programs incorporated targeted television to the geographical market areas in which claims filing was concentrated, based upon the results of Kinsella’s detailed claims analysis. In addition to the paid advertisements, hundreds of television and print news stories have highlighted the litigation due to Kinsella’s extensive earned media outreach.

Galanti v. The Goodyear Tire & Rubber Co. 
Entran II Radiant Heating Settlement

No. 03-209 (D.N.J.)

Due to the broad scope of the class in this $300 million settlement (which included homeowners in both the United States and Canada), Kinsella Media created and executed two notice programs that included direct mail, paid media, earned media and electronic notice through an informational website. In the United States, the paid media program included notices appearing in English or Spanish in 15 consumer magazines, nine daily newspapers in U.S. territories and possessions, three trade publications and geographically targeted television spots to the areas where a high volume of the product was installed. Both national and New England-specific press releases were distributed.

In Canada, English and French versions of the publication notice appeared in six consumer magazines, two national newspapers and 38 daily newspapers in every province within the country. A Canadian national press release was sent to over 1,000 media outlets, as well as 651 major daily papers, high circulation weekly newspapers and appropriate business trade publications.

Posey v. Dryvit Systems, Inc.

No. 17,715-IV (Tenn. Cir. Ct. Jefferson County)

This settlement provided relief to owners of residential properties clad with Exterior Insulation and Finish System components ("EIFS") manufactured by Dryvit Systems, Inc. Targeting adults 35+ and homeowners with homes valued at $200,000+, a multi-media program of national consumer magazines, national newspaper supplements and earned media activities including an audio news release was implemented. Through an analysis of sales and distribution records, Kinsella Media was able to target additional paid and earned media to local areas where the majority of Dryvit product was used.

Smith v. Behr Process Corp.

No. 98-2-06635 (Wash. Super. Ct. Camden County)

This multi-state suit resulted in a $107.5 million settlement that included both cash payments and merchandise certificates for class members who purchased wood sealants to protect against mildew. Kinsella Media implemented a broad notice plan, which included advertisements in nine high-circulation national consumer publications including Newsweek, People and Better Homes and Gardens and included an extensive direct notice to reach the class. A press release was also sent out via PR Newswire to over 2,000 media outlets and a two-column article about the settlement was distributed to 10,000 newspapers through the North American Precis Syndicate.

Naef v. Masonite Corp.

No. CV-94-4033 (Ala. Cir. Ct. Mobile County)

Targeting geographic areas where more than 50 million linear feet of Masonite Hardboard siding was sold, Kinsella Media used extensive spot television in 16 U.S. markets supported by multiple insertions in ten of the largest circulating national consumer magazines to notify consumers of the settlement. Consumer alerts were sent to television, newspaper and radio outlets in the targeted markets. The program reached over 90% of the targeted audiences with over $800 million in claims paid over a ten-year period.

Cosby v. Masonite Corp.

No. CV-97-3408 (Ala. Cir. Ct. Mobile County)

Quinn v. Masonite Corp.

No. CV-98-2447 (Ala. Cir. Ct. Mobile County)

In re Louisiana–Pacific Corp. Inner Seal OSB Trade Practices Litigation

No. C-95-3178, MDL 1114 (N.D. Cal.)

Richison v. Weyerhaeuser Co. Ltd.

No. 005532 (Cal. Super. Ct. San Joaquin County)

Selected Case Experience: Statewide

Shake Roofing Cases

No. 4208 (Cal. Super. Ct. Contra Costa County)

This class involved owners of residential and commercial property in California on which a specific type of roofing product was installed. Kinsella Media designed a multi-faceted notice program that included direct mail and paid media, as well as a concentrated earned media campaign. Because of the strong potential for consumer interest, the earned media segment included a press release to all daily and weekly newspapers, a video news release to 64 television stations (in English and Spanish), and an audio news release to 346 radio stations. Outreach efforts were also directed to reach related professional trade groups or associations, including all roofing contractors and real estate inspectors in California, as well as select property owners’ associations.

Ruff v. Parex, Inc.

No. 96 CVS 0059 (N.C. Super. Ct. Hanover County)

Bowen-Fromm v. Terra Roofing Products

No. 20001-028588 (Cal. Super.Ct. Alameda County)

"The Court finds the notice program is excellent. As specified in the findings below, the evidence supports the conclusion that the notice program is one of the most comprehensive class notice campaigns ever undertaken."

— W. Michael Maloan, Chancellor
Cox v. Shell Oil Co.
No. 18,844 (Tenn. Ch. Ct. Obion County)

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How Can We Help You?

Contact us before the settlement is complete to discuss a media notice plan that reaches class members using plain language, meets CAFA requirements and meets quantifiable measures of adequacy.

202.686.4111