FEMA Formaldehyde Mobile Home Settlement

FEMA Formaldehyde Mobile Home Settlement

April 30, 2012: You may have heard on television or by reading the newspapers that there has been a settlement in this litigation. There are certain travel trailer manufacturers that have recently settled the cases pending against them. The Judge in the case has not given approval to the proposed class settlement. Please check back at this site for further information on how to participate.

This page contains information regarding the litigation and the mobile home settlement from 2011.

Contact Information

If you have questions about the litigation, do not contact the Judge or the Court. You should contact your attorney. A list of attorneys representing claimants in this litigation follows: Click here

Jerry Meunier
Justin Woods
Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC
2800 Energy Centre
1100 Poydras Street
New Orleans, LA 70163
Phone: 504.522.2304
Toll Free: 800.489.2304
http://www.gainsburghbenjamin.com
Raul R. Bencomo
Bencomo & Associates
639 Loyola Avenue
New Orleans, LA 70113
Phone: 504.529.2929
http://www.bencomoandassociates.com
Matthew Moreland
Becnel Law Firm, LLC.
P.O. Drawer H
106 W. Seventh St.
Reserve, LA 70084
(985) 536-1186
http://www.becnellaw.com
Frank J. D’Amico, Jr.
Law Offices of Frank J. D’Amico, Jr.
622 Baronne St.
New Orleans, LA 70113
504-525-7272
1-866-70-FRANK
http://www.damicolaw.net
Linda Nelson
Lambert & Nelson
701 Magazine Street
New Orleans, Louisiana 70130-3629
(504) 581-1750
(800)-521-1750
http://www.lambertandnelson.com
Tony Buzbee
Buzbee Law Firm
600 Travis, Suite 7300
Houston, Texas 77002
Tel: (713) 223-5393
Fax: (713) 223-5909
http://www.txattorneys.com
Mikal Watts
Watts Guerra Craft
Bank of America Plaza, Suite 100
300 Convent Street
San Antonio, Texas 78205
(210) 527-0500 phone
(210) 527-0501 fax
http://www.wgclawfirm.com
Danny Becnel
Becnel Law Firm, LLC.
P.O. Drawer H
106 W. Seventh St.
Reserve, LA 70084
(985) 536-1186
http://www.becnellaw.com
Paul Dominick
Nexsen Pruett
205 King Street
Suite 400
Charleston, South Carolina 29401
(843) 577.9440
http://www.nexsenpruett.com
Robert M. Becnel
Law Offices of Robert M Becnel
425 W. Airline Hwy.
Suite B
Laplace, LA 70068
Phone: (985) 651-6101
Fax: (985) 651-6104
Diane Zink
425 W Airline Hwy Ste B
LaPlace, LA 70068
(985) 651-6101
Sideny D. Torres, III
Law Offices of Sidney D. Torres, III
8301 W. Judge Perez Dr.
Suite 303
Chalmette, LA 70043
(504) 271-8422
http://www.torres-law.com
Hugh “Skip” Lambert
Lambert & Nelson
701 Magazine Street
New Orleans, Louisiana 70130-3629
(504) 581-1750
(800)-521-1750
http://www.lambertandnelson.com
Joe Bruno
The Law Office of Joseph M. Bruno, APLC
855 Baronne Street, 3rd Floor
New Orleans, LA 70113
504-561-6776
1-800-966-1335
http://www.jbrunolaw.com
John W. DeGravelles
DeGravelles, Palmintier, Holthaus, & Fruge, L.L.P
618 Main Street
Baton Rouge, La 70801-1910
(225) 344.3735
http://www.dphf-law.com
Joe Rausch/Jim S. Hall
Jim S. Hall & Associates
800 N Causeway Blvd
Metairie, LA 70001-5363
(504) 832-3000
http://www.jimshall.com
Douglas M. Schmidt
335 City Park Ave.
New Orleans, LA 70119-4321
(504) 482-5711
(800) 375-1193
Dennis Reich
Reich & Binstock
4265 San Felipe, Suite 1000
Houston, Texas 77027
(800) 622-7271
http://www.reichandbinstock.com
Michael Watson
Woodfill & Pressler
Two Houston Center
909 Fannin Street, Suite 1470
Houston, Texas 77010
(713) 751-3080
http://www.woodfill-pressler.com
Robert Hilliard
Hilliard Muñoz Guerra L.L.P.
719 S. Shoreline, Ste. 500
Corpus Christi, TX 78401
361.882.1612
361.882.3015 (fax)
http://www.hmglawfirm.com

FAQs

NOTE: This site has information about a settlement of claims involving residency in MOBILE HOMES provided by FEMA after Hurricanes Katrina and Rita. This is different from recent reports of a settlement of claims involving residency in TRAVEL TRAILERS provided by FEMA.

On January 21, 2011, the Plaintiffs’ Steering Committee (the attorneys appointed by Judge Engelhardt to manage the MDL for the plaintiffs) filed a Motion to approve a settlement of claims against only the mobile home manufacturers. In 2009, the judge dismissed all claims against the mobile home manufacturers under the federal preemption doctrine.

A copy of the proposed settlement can be found by clicking here: Mobile Home Settlement, Motion. Click here to see FAQs.

Who is the proposed settlement with?
Only certain mobile home manufacturers:

  • Alliance Homes, Inc. d/b/a Adrian Homes
  • American Homestar Corporation
  • Athens Park Homes, L.L.C
  • Cavalier Home Builders, LLC
  • Cavalier Homes Inc.
  • Champion Enterprises, Inc.
  • Champion Home Builders Co.
  • Circle B Enterprises, Inc.
  • CMH Manufacturing, Inc.
  • Destiny Industries, LLC
  • Dutch Housing, Inc. d/b/a Champion Homes
  • Fairmont Homes, Inc.
  • Giles Family Holdings, Inc. f/k/a Giles Industries of Tazwell, Inc.
  • Homes of Merit, Inc.
  • Horton Homes, Inc.
  • Indiana Building Systems, LLC d/b/a Holly Park
  • Lexington Homes, Inc.
  • Liberty Homes Inc.
  • Oak Creek Homes, Inc.
  • Oak Creek Homes, L.P.
  • Redman Homes Inc. (f/k/a Dutch Homes)
  • River Birch Homes, Inc. and/or River Birch Homes, L.L.C.
  • ScotBilt Homes, Inc.
  • Silver Creek Homes, Inc.
  • Southern Energy Homes, Inc.
  • TownHomes, LLC
  • Waverlee Homes, Inc.
  • Patriot Homes, Inc. – Patriot Homes of Texas, LP – Patriot Manufacturing, Inc.

How much is the proposed settlement amount?
$2.65 million.

How will each class member be paid?
The proposed protocol would have class action claimants to submit a claim form and then the PSC and a special master (an independent person) to determine how much each claimant should recover.

Am I obligated to accept?
No, members of the class have the right and ability to opt out of the settlement. More details on how to do this will be forthcoming from the presiding judge and will be posted here.

What happens if I don’t accept?
If you have a pending lawsuit, then you can proceed with your lawsuit. However, you and your lawyer should keep in mind that the Judge has already dismissed your claims with prejudice. The PSC has appealed that decision to the Fifth Circuit court of appeals. Because of the proposed settlement, the PSC has put that appeal on hold but, you and your lawyer would need to take over the appeal.

Why this amount?
Because of the extreme challenges of the case. As of now, all claims against mobile home manufacturers have been dismissed. Also, mobile homes are larger than travel trailers and typically showed much lower levels of formaldehyde than travel trailers. Also, several mobile homes manufacturers have filed for bankruptcy. As this litigation continues, more may follow. This provides another reason why no recovery could be made against a mobile home manufacturer. In light of all of these reasons, plus the delays involved with further litigation, the PSC believes that this is a good result for class members.

How does this affect claims against FEMA?
It has no affect.

I lived in a travel trailer–does it affect my claim?
No. The vast majority of disaster victims lived in travel trailers. Travel trailer claims are not affected at all by this proposed settlement. This settlement only involves mobile home manufacturers

How will attorneys be paid?
The attorneys in this MDL have spent tens of thousands of hours of time, without being paid, and several million dollars in expenses. The settlement calls for a reserve of 48% of the settlement amount to be put into an escrow account for payment of fees and expenses. However, the lawyers for the class will not request an award of fees and only a partial amount of their expenses.

When will the settlement be finalized, and when will I receive my share?
At this point, there is no timetable. The Court must first approve the settlement. The hearing on the fairness of the settlement is set for August 22, 2011. If the Court approves the settlement, the Court will set out timelines on submitting claims forms and the payment of settlement amounts.

What if I have further questions?
More details will be posted on this site with time. Please do not contact the Court. If you have questions, you should contact your attorney. If you are an attorney with class member clients, you should call one of the PSC members.

Note: Click here to go to the MDL Court's website, which has pleadings and Court orders in the MDL Court.