Hennigh Law Corporation Wins Punitive Damages Judgment For Client Pointe Assets LLC Against Viracon, Inc.
Hennigh Law Corporation
FOR IMMEDIATE RELEASE
On April 27, 2023, the Superior Court of the State of California, Los Angeles County, entered a punitive damages judgment against Viracon, Inc., a wholly-owned subsidiary of Apogee Enterprises Inc., for fraudulently concealing known defects in its Insulated Glass Units (IGUs). IGUs are commercial grade panels that serve as both exterior insulating walls and double-paned vision windows. Viracon used a gray colored primary sealant, Gray PIB, that could not withstand prolonged sun exposure and, after several years, formed a film between the panes of glass.
A three-member arbitration panel of Honorable Robert C. Bonner, G. Christian Roux, Esq., and Michael J. Bayard, Esq. issued an interim award against Viracon, Inc., on June 30, 2022, and the case entered the punitive damages phase. On December 7, 2022, the panel issued its final award of $20,018,729.63.
The arbitrators agreed that the evidence presented showed that Viracon “made a conscious decision to withhold the information regarding the runny PIB issue” and “there was ample evidence pointing to the existence of a corporate culture to keep negative information about Viracon products close to the vest.” The amount included $4,000,000 in punitive damages, which the arbitrators intended “will not go unnoticed in the board room of Viracon or its parent company [Apogee Enterprises, Inc.].”
The case now continues in court against the remaining defendants, Quanex I.G. Systems, Inc., and Truseal Technologies, Inc., the manufacturers of the Gray PIB.
Attorneys for The Pointe were Scott Hennigh, Azadeh Allayee, Garrett Mott, Erik Gonzalez, Mat Troughton, and Sylvia Yang of the Hennigh Law Corporation. Viracon was represented by John Ekman and Eric Nystrom of Fox Rothschild.
Hennigh Law Corporation is a trial firm for complex construction cases. Scott Hennigh has been repeatedly recognized by Chambers USA for his practice in construction law. Garrett Mott is a firm shareholder and trial attorney with substantial jury trial experience. Azadeh Allayee has been a practicing litigator and trial attorney for almost twenty-five years with extensive experience in complex litigation matters, including heavy civil construction, class actions, employment defense, real estate disputes, and business litigation. Erik Gonzalez is a trial attorney and former fellowship participant with the American Board of Trial Advocates.
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