Google+ Bed Bugs
Wednesday, August 23, 2017

June was a big month for the Elsie Mason / Liguti class action clients of Lipman Law Firm. Polk County District Court Judge Robert Blink approved a $2,450,000 settlement to tenants of the two buildings. The Elsie Mason class action was the nation's first bed bug class action to be certified by the court, survive an appeal to the Supreme Court and ultimately settle. The settlement was funded by the full $1,000,000 limits of two insurance policies, one for each building, $350,000 from the sale of the buildings and $100,000 from a contribution claim against a third party.

Equally important, the lawsuit resulted in both buildings going through a comprehensive inspection and thermal heat remediation process. As a condition of the Plaintiffs lifting a lis pendens off the building, the new owners agreed to implement a state of the art bed bug protocol including an on-site pest management professional, rewiring of the building for on-site thermal heat, and the purchase of an on-site heat chamber for personal belongings when tenants move in and out of the buildings.

Tenant class members received compensation based on the number of months they lived in the buildings during the infested period. Claims paid to tenants ranged from a few hundred dollars for those who only lived in the buildings for one month to over $11,000 for those who endured the bed bugs during the class period. Class representatives received an additional $1,000 incentive award.

This case has opened the door to other class action cases involving bed bug infestations to be pursued throughout the United States.

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