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Robertson & Associates, LLP Seeks Injunction Against Lumber Liquidators to Stop Misleading Letters to Customers That Air Test Results Are "Normal" and that Lab is "Accredited"

June 5, 2015 12:42 AM EDT

Motion Claims EPA Has Discredited Lumber Liquidators' Reference to "Normal" Range of Formaldehyde in Letters Sent to Customers and that the AIHA Has Revoked EDLab's Accreditation for Using Misleading and Improper Use of Accreditation Symbols on Its Home Test Kits and Lab Reports Sent to Lumber Liquidators' Customers

LOS ANGELES--(BUSINESS WIRE)-- Construction defect law firm Robertson & Associates, LLP., filed a motion for a preliminary injunction today against Lumber Liquidators, Inc. (NYSE: LL) and the companies Lumber Liquidators hired to conduct lab testing of 25,000 indoor air test kits Lumber Liquidators has sent to its customers concerned about carcinogenic formaldehyde fumes emitting from Lumber Liquidators' Chinese-made laminate flooring. The motion seeks an injunction against Lumber Liquidators, as well as Building Health Check, LLC. and EDLab, a division of Pure Air Control Services, Inc, of Clearwater, Florida.

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Alex "Trey" Robertson, IV (Photo: Business Wire)

The motion is based upon a June 1st statement released by the U.S. EPA concerning Lumber Liquidators' home test kits, which states "The 'normal indoor air' levels cited in the Lumber Liquidators' letter to its customers originate from a paper published in 2010…This document is one of many studies referenced in the EPA's external draft document…This draft toxicological review does not represent a conclusion by the Agency on the safety of formaldehyde levels in homes." The EPA also warned Lumber Liquidators' customers that "The EPA has not taken a position on Lumber Liquidators' testing program but cautions the public that air testing may not provide useful information due to the uncertainties of home air testing, the lack of widely accepted health based standards for formaldehyde levels in indoor air to compare test results, and because air testing does not provide information on specific sources of formaldehyde, such as laminate flooring." The EPA's statement is available at http://www2.epa.gov/formaldehyde/questions-and-answers-regarding-laminate-flooring-0#Lumberliquidators.

The motion also claims that on June 4, 2015, the American Industrial Hygiene Association's Laboratory Accreditation Programs, LLC (AIHA-LAP, LLC) suspended the laboratory accreditation of Environmental Diagnostics Laboratory (EDLab) for "misleading and improper use of 'AIHA Accredited Laboratory' symbols on Formaldehyde Screening Kits Issued by Building Health Check and EDLab." EDLab was hired by Lumber Liquidators to administer the home test kit program and has sent thousands of lab reports to Lumber Liquidators' customers according to the motion. The AIHA's statement can be found at http://www.aihaaccreditedlabs.org/Pages/default.aspx.

On May 7, 2015, Robertson & Associates, LLP filed an amended complaint in federal court in Los Angeles against Lumber Liquidators, Building Health Check, LLC. and EDLab, a division of Pure Air Control Services, Inc., alleging violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The suit alleges that Lumber Liquidators and the testing companies it has hired to administer the home test kit program, engaged in a pattern of racketeering, through mail and wire fraud, to defraud Lumber Liquidators' into believing that their lab test results were "normal" by citing a 2010 draft EPA study, and by using a lab which was not accredited to conduct formaldehyde testing.

Alex "Trey" Robertson, IV, senior partner of Robertson & Associates, LLP issued the following statement: "We are thankful that both the EPA and the AIHA have stepped forward and publicly denounced the false statements we allege Lumber Liquidators and its testing lab have made to class members who are desperate to get the truth about the formaldehyde threat posed by their Chinese-made laminate flooring."

"Plaintiffs are informed and believe that the offer by Lumber Liquidators to provide a free home indoor air test kit is a subterfuge designed to further Lumber Liquidators' defense strategy to convince their customers that the Formaldehyde Flooring is "100% safe" when it is not and to prevent their customers from learning the true levels of formaldehyde gas emissions from the Formaldehyde Flooring in their homes and to deceive customers into not demanding that the Formaldehyde Flooring be replaced with non-toxic laminate flooring at Lumber Liquidators' expense" according to the lawsuit.

Robertson & Associates, LLP. has filed multiple class actions against Lumber Liquidators. In March, Robertson & Associates filed lawsuits in the federal court in California and Nevada on behalf of consumers who purchased allegedly toxic laminate flooring from Lumber Liquidators. In April, the firm filed the RICO lawsuit and in May the firm filed class actions in both California and Nevada against Lumber Liquidators for falsely advertising the abrasion class ratings of their Chinese-made laminate flooring.

Consumers who purchased Chinese-made laminate flooring and were sent home test kits by Lumber Liquidators may contact Alex "Trey" Robertson, IV, senior partner at Robertson & Associates, LLP at www.classactionlumberliquidators.com or by calling (818) 851-3850.

About Robertson & Associates, LLP.

Alex “Trey” Robertson, IV, Esq. is an experienced trial lawyer who holds an AV-Preeminent rating from Martindale-Hubbell, the highest peer-review rating given only to those lawyers who demonstrate the highest level of ethical standards and legal ability. Alex also has been named a “Super Lawyer” for Southern California from 2011-2015. In 2014, he received “The Litigator Award” from the Trial Lawyers Board of Regents, a distinction given to only 1% of all attorneys, based upon verified settlement and verdict amounts. Alex is admitted to practice in California, Nevada, Colorado and Texas.

As one of the country’s top litigators of toxic mold cases, Alex has handled thousands of indoor air quality cases involving airborne toxins into his client’s homes. Alex has handled numerous high profile toxic cases, including those for celebrities Ed McMahon, Erin Brockovich, Ted Nugent, Vin Scully (L.A. Dodger’s announcer) and other celebrities, professional athletes and public figures. Many of his cases have been featured in local and national media, including CBS News “48 Hours” (twice), CBS News “The Early Show”, ABC News ‘Prime Time Live”, NBC News “Today Show”, New York Times Sunday Magazine, The Wall Street Journal, ABA Journal, Forbes Magazine and CNN’s “Lou Dobbs” show.

With over 30 years of experience as a trial lawyer, Mr. Robertson has recovered more than $300,000,000 for consumers in construction defect and consumer class actions.

Robertson & Associates, LLP
Alexander "Trey" Robertson, IV
818-851-3850
[email protected]

Source: Robertson & Associates, LLP



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