25 Years Of Practice

Court Preliminarily Approves Settlement in Zilinsky v. LeafFilter Lawsuit

On August 8, 2022, Judge Michael Watson of the U.S. District Court for the Southern District of Ohio granted preliminary approval to a nationwide class action settlement negotiated by Goldenberg Schneider and its co-counsel in Zilinksky v. LeafFilter North, LLC, No. 2:20-cv-06229. In the case, plaintiffs alleged that LeafFilter North, LLC (“LeafFilter”) knowingly sold its LeafFilter Gutter System with a defect that cause debris to accumulate on top of the System. Plaintiffs further alleged that the debris accumulation must be cleaned off the top of the system to allow water to enter the gutters.

Class members covered by the proposed settlement are those customers that appear in LeafFilter’s customer care database with a Debris-Related Final Issue Code for their service request during the time period from January 1, 2016 through June 24, 2022. The proposed Settlement provides for reimbursement to class members of up to $200 in previous debris cleanings, and vouchers for up to three future cleanings (valued at $95 each) to be performed by LeafFilter at no cost. Additionally, if a class member removed their LeafFilter system because of debris accumulation issues, that class member can be reimbursed up to $200 for the cost of removal. Further, the Proposed Settlement provides a mechanism for LeafFilter to separately pay reasonable attorneys’ fees and costs and Plaintiff service awards so that these payments will not dilute any of the benefits available to the Class.

The Court has scheduled a Final Approval Hearing for March 14, 2023. Additional information about the settlement can be found at www.leaffiltersettlement.com, and instructions on how to submit a claim for benefits will be posted to that website no later than October 7, 2022.