8-11-08 Simmermon v. Dryvit Systems, Inc. (A-55-07)
A Tennessee court is the proper forum to address whether James
Simmermon received sufficient notice of the nationwide class
action against Dryvit Systems, Inc., and whether prosecuting an
individual suit against Dryvit in New Jersey constituted an
effective opt-out of the class action. Only if a Tennessee
court decides that Simmermon is not bound by the class action
settlement may he proceed with his New Jersey action. However,
because it violated Rule 4:5-1(b)(2), Dryvit will be responsible
for Simmermon’s litigation expenses, including attorneys’ fees.
