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    Class Action lawsuit - FPE circuit breakers

    Class Action lawsuit - FPE circuit breakers

    New postby Jerry Peck - Codeman on Fri Feb 13, 2009 1:11 pm

    Class Action lawsuit against FPE (Federal Pacific Electric) circuit breakers.

    For additional information regarding the following information, go to: http://www.inspect-ny.com/fpe/FPEnotice12-05.htm

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Superior Court of New Jersey, Law Division: Middlesex County

    DOCKET NO. L-2904-97
    ____________________________________________________________

    Serag Yacout, Satish Chaudhary and 432 Owners, Inc., on behalf of themselves and all others similarly situated,

    Federal Pacific Electric Company, Reliance Electric Company,

    Defendants

    CLASS ACTION NOTICE

    To: ALL PERSONS OR ENTITIES IN THE STATE OF NEW JERSEY WHO CURRENTLY OWN, UTILIZE OR POSSESS ANY CIRCUIT BREAKER SOLD OR MANUFACTURED BY FEDERAL PACIFIC ELECTRIC CO. DURING THE PERIOD 1965 TO 1980, WHICH BEARS LABELING INDICATING THE BREAKER IS "UL LISTED" OR CONTAINS A SIMILAR CERTIFICATION THAT THE BREAKER COMPORTS WITH APPLICABLE UL STANDARDS, AND ANY PERSONS OR ENTITIES WHO HAVE REPLACED SAID BREAKERS SINCE 1991.

    1. Why should I Read This Notice?

    If you own Federal Pacific circuit breakers or have replaced Federal Pacific circuit breakers, please read this notice. It contains important information. You may be entitled to monetary damage and/or other relief. This Notice arises out of a class action lawsuit pending in New Jersey. The Court has directed that all claimants and prospective claimants must identify themselves in response to this notice on or before April 20, 2005. If you do not respond, you will lose your rights.

    2. What Is This Lawsuit About?

    This Notice affects many persons who have Federal Pacific circuit breakers. The Court has already determined that Federal Pacific violated the New Jersey Consumer Fraud Act. The violation occurred because FPE cheated during its testing of circuit breakers in order to obtain Underwriters Laboratories (UL) approval. The Court has already certified this action as a class action, but in order for your claim to be considered you must act now. If you qualify as outlined below, you may be entitled to monetary damage and/or other relief. The relief may include three times the cost of replacing your circuit breakers.

    3. Am I Eligible to Pursue a Claim?

    Based on the Court's rulings, you may be eligible to pursue a claim if you meet the following criteria:

      · You own a home or building in the State of New Jersey;

      · You must be the owner at the time that FPE Stab-lok circuit breakers manufactured and sold between June 29, 1971 and July 1, 1980 were installed as original equipment in your home or building; or you had renovations or additions done which included circuit breakers made and sold in that period while you were the owner;

      · The home or building contains original FPE Stab-Lok circuit breakers (If you do, the circuit breaker panel box will have the name and logo of Federal Pacific Electric Company and the words Stab-Lok on the breaker panel box) or you replaced the breakers since 1991. DO NOT ATTEMPT TO REMOVE ANY OF THE CIRCUIT BREAKERS – you will be able to determine whether you have Federal Pacific Electric Company circuit breakers by looking at the outside of the panel box and/or the inside of the door to the box. Please note that if your panel box or the circuit breakers within the panel box refer to "Federal Pacific Equipment Inc." it is referring to a different company from Federal Pacific Electric Company. If you have Federal Pacific Equipment Inc. circuit breakers they are not included in this claim;

      · You are not one of the defendants, any entity in which any of the defendants have a controlling interest, any of the defendants' past or present parents, subsidiaries, affiliates, officers and directors; or a retail or wholesale dealer who sold Federal Pacific circuit breakers and panel boxes.

    4. What Do I Need To Do To Continue To Pursue a Potential Claim?

    If you believe you are eligible to recover and you wish to remain eligible, you must respond to this Notice by completing the coupon form below and mailing it to the FPE Administrator. THE COMPLETED COUPON MUST BE POSTMARKED NO LATER THAN APRIL 20, 2005 or you may go directly to http://www.yacoutclassaction.com to respond to this Notice; if you do so, you must do that by April 20, 2005. If you fail to DO SO, YOUR CLAIM WILL BE BARRED.

    The FPE Administrator will then mail you an FPE Stab-lok Circuit Breaker Information Form or you can obtain the Information Form on the website. The completed Information Form and any documentation requested therein must be mailed to the third party administrator AND must be postmarked BY A DATE SPECIFIED THEREIN. IF YOU FAIL TO submit a complete Information Form BY THE DATE SPECIFIED IN THE MATERIALS TO BE FURNISHED, you will be barred from further participating in this litigation.

    Your claim may be subject to verification and investigation, including an inspection of the circuit breaker panel board and giving testimony with respect to your claim.

    5. Where Do I Get Additional Information?

    This Notice provides only a summary of matters regarding the litigation and is not deemed an admission by any party. You may seek the advice and guidance of your own private attorney, at your own expense, if you wish. For more detailed information, you may review the pleadings, records, and other papers on file in this litigation, which may be inspected during regular business hours at the Clerk's Office, Superior Court of New Jersey, Law Division, located at One JFK Square, New Brunswick, New Jersey.

    If you have any questions regarding this Notice, you can contact class counsel:

    Chase Kurshan Herzfeld & Rubin, LLC
    5N Regent Street, Suite 508
    Livingston, New Jersey 07039-1617
    Attn: Lisa Santana
    Tel: (973) 535-8840
    Email: lsantana@chaselaw.nj.com

    PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE.

    The Honorable Bryan D. Garruto.

    --------------------------------------------------------------------------------

    (CUT ALONG DOTTED LINE – PLEASE PRINT)
    REQUEST FOR INFORMATION FORM

    I would like to have an FPE Stab-lok Circuit Breaker Information Form mailed to:

    Name:______________________________________________________

    Address:____________________________________________________

    City: ____________________________State ______ Zip Code________

    Property Address(es) where FPE Stab-lok circuit breakers are installed (if different from above address)

    Address:____________________________________________________

    City: ____________________________State ______ Zip Code________

    CERTIFICATION: I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT (1) I AM THE ORIGINAL OWNER OF A HOME OR PROPERTY WHERE FPE CIRCUIT BREAKERS ARE INSTALLED, (2) I CONTINUE TO OWN THE PROPERTY AND (3) THE ABOVE INFORMATION IS TRUE AND CORRECT.

    Signature:_____________________________________ Date:___________

    MAIL THIS REQUEST TO:

    Yacout Information Administrator
    P.O. Box 600727
    Jacksonville, FL 32260

    Or respond via email at http://www.yacoutclassaction.com

    This REQUEST FOR INFORMATION FORM must be completed and sent to the FPE Administrator in order to continue to remain a member of the class. THIS FORM OR YOUR EMAIL RESPONSE MUST BE POSTMARKED OR RECEIVED NO LATER THAN APRIL 20, 2005 in order to maintain any rights you may have.

    --------------------------------------------------------------------------------

    The following attachment is of the fax I received back in February 2002 from the attorney involved in the Class Action lawsuit.
    You do not have the required permissions to view the files attached to this post.
    Jerry Peck - CodeMan
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    Re: Class Action lawsuit - FPE circuit breakers

    New postby RICHARD TAN on Thu Apr 02, 2009 11:29 am

    Hi Jerry,

    ALL PERSONS OR ENTITIES IN THE STATE OF NEW JERSEY WHO CURRENTLY OWN, UTILIZE OR POSSESS ANY CIRCUIT BREAKER SOLD OR MANUFACTURED BY FEDERAL PACIFIC ELECTRIC CO.

    Is this class action lawsuit apply only to New Jersey resident or the rest of the country?
    RICHARD TAN
     
    Posts: 60
    Joined: Wed Jan 14, 2009 9:43 am

    Re: Class Action lawsuit - FPE circuit breakers

    New postby Jerry Peck - Codeman on Thu Apr 02, 2009 11:37 am

    Hi Richard,

    That particular class action was regarding the class of individuals who owned or purchased FPE breakers in New Jersey only.

    However, the reason I posted that class action was that it is representative of FPE breakers sold elsewhere as well, they did not manufacturer 'special breakers to be sold only in New Jersey', it was just that the lawsuit only included the class of individuals from New Jersey.

    That provides back-up for commenting on FPE breakers installed anywhere.
    Jerry Peck - CodeMan
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    Construction and Litigation Consultant
    Construction Litigation Consultants, LLC.
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