lapolla spray foam lawsuit

Cite as: Neil v. Lapolla Industries, Inc., CV 12-4622, NYLJ 1202735932953, at *1 (EDNY, Decided August 25, 2015). Lapolla Industries, Inc. is a global manufacturer and supplier of state-of-the-art spray polyurethane foam insulation (spf or spray foam), reflective roof coatings, and rigs and equipment — designed to reduce energy consumption in the residential, industrial, and commercial structures. As an industry leader in high performance building products, we were the first in the world to commercialize the latest state-of-the-art spray foam … As far as I know, manufactured SIPs are not subject to the issues mentioned in the article. Homeowners shared remarkably similar stories. The company operates through two segments: Foam and Coatings. “This hasn’t become a giant public concern so far. “Let’s say the damages are only $200,000 to a home. At the Building Science Experts’ Session, Dr. Joe explained the latest thinking on this increasingly controversial topic, A homeowner gets conflicting advice on how to insulate a 90-year-old Cape Cod home, Concerns about the global-warming potential of spray polyurethane foam prompt the institute to remove some spray foams from its list of allowed insulation materials. Call For Your Free Consultation 800-799-2824. A recently unsealed complaint filed by the law firm Kasowitz, Benson, Torres & Friedman LLP claims that four major chemical companies had information that a chemical they manufacture poses significant health risks, but withheld the data from Spray Foam Insulation Lawsuit FAQs. Along with government agencies, researchers and other relevant experts the SPF industry works to provide the best information available about the health and safety aspects of SPF and identify where additional research could be conducted. A huge benefit of spray foam insulation is that it helps deter pests from entering your home. In Holladay’s interviews, Demilec was frequently cited as the foam manufacturer. The roof is another problem area since we have cathedral ceilings planned for the second floor. The case, which began in September 2012, alleged the couple suffered injuries from the company’s spray polyurethane foam after it was installed in their home. They moved out and he’s doing much better. Fiberglass remains king. Attorneys for the homeowners are hoping the cases will be bundled into something called “multidistrict litigation” that would speed pretrial proceedings. Lapolla said the Markeys lied about their alleged injuries and cost the company significant time and money defending the suit for two years. I believe they use the same flame retardants as other foams, but they do have a much lower footprint in terms of embodied energy. In a high-R application the total lifecycle hit from the blowing agents greater than the energy use it's offsetting. Get free access to the complete judgment in Lapolla Indus., Inc. v. Aspen Specialty Ins. Lapolla’s AirTight spray foam insulation has many protective benefits for the home. The installation went as smooth as expected, very tidy. On 13 August, the Markeys filed a brief denying their claims were frivolous adding that Lapolla cannot use sanctions to get around fee-shifting rules in a case that is being dismissed voluntarily with prejudice. In 2011, GBA senior editor Martin Holladay interviewed eight homeowners who’d experienced problems with spray-foam applications. The deep level of spray foam experience of our technical support team encompasses expertise in roofing, insulation, equipment, maintenance, and safety. Lapolla says the suit was crafted to force a cost-of-defence settlement or face an expensive court fight. Spray foam is the focus of many homeowner complaints. About Lapolla Spray Foam; Closed Cell Foam Overview; Open-Cell Foam Overview; Roofing & Coatings. The filings mark the start of what is likely to be a protracted legal effort on the part of a number of attorneys representing many homeowners. polyurethane foam ranges from 7 to 8 normally) instead of specific R-Values is that spray foam is unique in that it is manufactured on site. Federal lawsuits claiming that spray-polyurethane foam insulation is toxic and can sicken those who live in houses where it has been installed are pending in more than a half-dozen states as lawyers deal with an “avalanche” of complaints, a Florida attorney says. If going with PU-SIPs, make them declare which blowing agents are used, and look it up. 'FOAM-LOK™ 2800-4G Spray Foam for Roofing is a result of Lapolla's continued commitment to improve its product line with advancements aimed at protecting the climate and environment and achieving the highest measures of energy efficiency performance,' said Doug Kramer, President and CEO of Lapolla Industries. Follow us on social media for the latest polyurethanes industry news and event updates. Lapolla Industries, Inc. is a Houston-based global supplier and manufacturer of spray polyurethane foam insulation, reflective roof coatings and equipment. As North America’s leading spray foam insulation manufacturer, Icynene is driving the insulation category further with its product innovation, world-class building science expertise, hands-on technical support and integrated marketing initiatives. The chief complaints are health problems suffered by occupants of homes that have been insulated with spray foam. I agree, but I still like SIPs. Pentane has a GWP of 7 rather than 1000+ for polyurethane. In some cases, manufacturers tried to blame the smell on other substances that might have been in the house, and their efforts to get to the root cause of the problem and correct it were spotty at best. We have approved Lapolla spray foam installers all across the UK. Many people (some on this site), will advise that you steer clear of foam all together and that you can build just as good, or better, with a foam-free design. Finally, Lapolla argues that we should apply an exception to the eightcorners rule that would allow us to look beyond the factual allegations in the complaint to extrinsic evidence—specifically, deposition testimony by two of the plaintiffs stating that they physically touched and examined the spray foam insulation. I have some concerns about using rigid foam in the basement because of the fire retardants that typically contain. Finally, Lapolla argues that we should apply an exception to the eightcorners rule that would allow us to look beyond the factual allegations in the complaint to extrinsic evidence—specifically, deposition testimony by two of the plaintiffs stating that they physically touched and examined the spray foam insulation. “Based on testing results and information from multiple experts, as well as Mrs Markey’s physical symptoms, it was reasonable for plaintiffs to conclude that they had suffered property damage and personal injury as a direct result of the installation of Lapolla’s product,” the brief said. A huge benefit of spray foam insulation is that it helps deter pests from entering your home. Since having it recently insulated with spray foam insulation we have noticed the difference, our boiler isn’t kicking into action as much as Federal lawsuits claiming that spray-polyurethane foam insulation is toxic and can sicken those who live in houses where it has been installed are pending in more than a half-dozen states as lawyers deal with an “avalanche” of complaints, a Florida attorney says. The claim centred on an allegation that the spray foam compound fails to become inert and non-toxic when applied to homes due to a fundamental design flaw or the near impossibility of proper installation. The GWP of HFC245fa and HFC134a (two of the most common HFCs for blowing foam) are well documented and easily found in online searches, as are the GWPs of the most commonly used refrigerant-HFCs. Answers to the Most Common Spray Foam Lawsuit Questions This page contains answers to common spray foam insulation lawsuit questions that apply to most spray. The first three factors are variables that fluctuate from property to property, However, the type of spray foam insulation used is generally fixed. “The SPF industry has for many years and will continue to support the safe and appropriate use of SPF; moreover, the industry works with regulators, researchers, producers and applicators to ensure that those using SPF have access to information they need about how to use the product safely. Pravato says the multidistrict designation is a way of getting consistent rulings on common legal questions while making the legal process more economical. According to Pravato, open-cell foam is the target of more of the complaints than closed-cell foams. Register to access our archive of leading information on the polyurethanes industry. He had breathing problems. Lapolla was founded in 2005 by Doug Kramer, who became the CEO of Icynene-Lapolla after the two companies joined together in 2018. The roof is another problem area since we have cathedral ceilings planned for the second floor. Attorneys are seeking to have the multidistrict cases heard in a southern Florida federal court by Judge Kenneth A. Marra. Better on the particulars regarding polyurethane foams using a proprietary low GWP blowing agent: http://www.honeywell-solsticelba.com/wp-content/uploads/2012/11/pu-magazine-solstice-lba-artcles.pdf. Given equal R-values, foam delivers about 20% to 40% better overall performance than traditional fiberglass or cellulose insulation, says Rick Duncan, technical director of the Spray Foam Alliance. Our members are committed to the health and safety of polyurethane products, which includes spray polyurethane foam (SPF), and those who use them. Open-cell foam has a lower R-value, roughly 3.5 per inch, and although it acts as an air barrier, it’s not an effective vapor barrier. With representatives nationwide, Lapolla’s certified technical team is ready to assist our customers from coast to coast. It's looking like the best approach for insulating this house will be spray foam to the underside of the roof deck, and treat the attic as part of AC space. It's an area that the Texas-based company feels has significant room for … This is actually what I also care about, that brand name as well as company name is always at risk when the service or the products bears issues like this. At the same time, we have trouble finding practical alternatives to foam in certain areas of the house such as the band joist. Once cured, it also becomes a vapor retarder. He said, ‘Vince, if somebody came to me with these problems and said it was spray foam I wouldn’t believe him.’ And he finally figured out what it was. For more information please give us a call! Loft and room in roof projects. Lapolla … Your suggestion to use rock wool or cellulose for a cathedral ceiling will work fine, as long as the installer includes a ventilation gap between the top of the insulation and the underside of the roof sheathing. Louisville Insulation provides expert spray foam insulation services to home and business owners in and around Louisville, KY. We are fully licensed and insured to help keep your property insulated all year round. 713 … Compare Spray Foam Insulation To Other Types To Find Out How They Rank And Compare This article explains the … Spray Foam Insulation Lawsuit If you were exposed to dangerous chemicals from spray foam insulation, you may be eligible to file a spray foam insulation lawsuit. Relative humidity, temperature, substrate, wind and other factors can all result in varying R-values. 58 talking about this. John Pacenti 2012-10-04 12:00:00 AM Miami attorney Jeremy Alters said he is going to do to spray polyurethane foam … We made a decision to minimize the use of spray foam in our new house because of reports of owners becoming chemically sensitive. Spray Foam Insulation. According to Pravato, litigation filings are also expected in North Carolina and Arkansas. The installation went as smooth as expected, very tidy. It restricts air movement, which stops moisture accumulation so that the possibility of mould growth is less likely to occur. Cite as: Neil v. Lapolla Industries, Inc., CV 12-4622, NYLJ 1202735932953, at *1 (EDNY, Decided August 25, 2015). However, my customer is concerned about the potential for the family breathing in bad stuff that gradually out-gases from the foam over time. If the cases do win MDL status, Pravato says a few “bellwether” trials could be fast-tracked all the way through jury trials within a year, with findings used to shape a potential settlement. Balloon-frame the house and fill the cavity with rockwool; Balloon-frame has no rim joists and rockwool solves the fire issue with that framing method. Air exchange in and out of a home is a leading cause of escalated energy bills. At Lapolla we manufacture a polyurethane spray foam insulation product that is perfect for insulating roofs. Never trust one manufacturer's claim. Mrs Stevens “Mark, the assessor, explained the process and all the benefits fully. The result will be a damp rim joist -- and eventually, mold and rot. 61, Willow Walk, Lawsuits amass over spray foam insulation Plaintiff attorneys for homeowners say spray foam insulation lawsuits will eclipse Chinese drywall litigation as health concerns about the product rise. Call For Your Free Consultation 800-799-2824. Some proprietary mixes with trade-names may not be as easy to find data on, but they should be able to get you the GWP data on them- if not, pass. If granted, a single federal judge would be able to rule on pretrial questions common to all similar complaints no matter where they were filed. They consist of two chemicals that are mixed in the head of the installer’s spray gun and expand on contact. Lapolla's spray foam insulation is designed for internal walls and attics, but can also be applied to floors, soffits, crawl spaces and cavity walls. These people are losing their homes. That March of 2018, Huntsman expanded its own spray foam business when it paid $350 million for Demilec.

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