A: Plaintiffs allege that Stimson Lumber Company failed to adequately design, formulate, and test its defective siding before selling it as a durable and suitable home and building exterior product. Plaintiffs allege that the siding product prematurely fails by rotting, buckling, discoloring, delaminating, deteriorating, and otherwise does not perform as a durable and suitable home and building exterior siding product when exposed to normal weather conditions. Plaintiffs assert claims for replacement cost of the siding, punitive or exemplary damages (where and to the extent available), and for recovery of attorneys' fees and costs of litigation. Stimson Lumber Company denies these allegations and any liability (other than under its warranty) relating to Forestex hardboard siding. Although the Court has not made any rulings on the merits of the case, or which law will be applied to the claims of various class members the court has denied Stimson's motions for dismissal of the class of the class action complaint.

A: You are a Class Member if you own a home or other structure in Washington, Oregon, California, Idaho, Utah, Colorado and Hawaii with Stimson Lumber Company hardboard siding as described in the Notice of Class Action. If you meet the Class definition, you are a member of the Class even if you signed a release. Whether Class members who signed releases in favor of Stimson (i.e., releasing claims against Stimson) will ultimately be treated differently than other Class members has not yet been determined.

A: Forestex hardboard siding is a product, that is manufactured and sold by Stimson, and is made from wood fiber, wax and resin that is widely known as Forestex hardboard siding. Forestex hardboard siding is distributed in both lap (board) and panel (sheet) application, each available in various external textures designed to mimic the look of conventional lumber siding. This lawsuit does not concern Stimson products used for purposes other than exterior siding.

A: You are not required at this time to prove that Stimson hardboard siding is installed on your property. However, before you may participate in the benefits resulting from the class action, if any, you will be required to establish that you have Forestex hardboard siding on your property.

A: A class action is a type of lawsuit in which one or more named plaintiffs bring a suit on behalf of all of the members of a similarly situated group to recover damages for the entire group, without each member having to file an individual lawsuit or appear as an individual plaintiff. Class actions are used by the courts where the claims raise basic issues of law or fact that are common, making it fair to bind all Class members to the orders and the judgment in the case, without the necessity of hearing essentially the same claims over and over again.

A: Notice is given to allow you to decide if you wish to remain in or opt out of the Class. If you opt out, you will not be bound by any judgment issued by the Court, and you will not share in any recovery obtained for the Class. If you remain in the Class, you will be bound by any judgment and you will share in any recovery obtained for the Class.

A: No, you will not be directly charged for Class Counsel's services. Instead, if they obtain a recovery for the Class, Class Counsel will apply to the Court for payment of their reasonable attorneys' fees (not to exceed 30%) and costs, paid either directly by Stimson, or out of any funds recovered before distribution to the Class.

A: If you wish to remain a member of the Class, you do not need to do anything right now. You will be allowed to participate in any recovery through a claims process approved by the Court. If the Plaintiffs prevail at trial, you will be notified regarding further procedures concerning your claim. You will be notified of any proposed settlement, and the Court has the authority, as it deems appropriate, to notify the Class of important steps or events in the case.

A: The deadline for opting out of the class action expired December 7, 2002.

A: Plaintiffs and Stimson are currently preparing for trial to begin on April 12, 2004. This will include information gathering as well as determining certain legal issues, including which state's law will be applied to each class member's claims. Should there be a recovery, Class members will be able to participate. You will be notified of any recovery, and the process for receiving your share of such recovery at that time.

A: You may send Class Counsel a question via e-mail Robyn Evans at:
revans@berding-weil.com.