JELD-WEN Announces Jury Verdict in Steves & Sons Lawsuit
CHARLOTTE, N.C.--(BUSINESS WIRE)--
JELD-WEN Holding, Inc. (the “Company”) announced today that a jury in
the United States District Court for the Eastern District of Virginia,
Richmond Division, has returned a verdict in the lawsuit filed against
its wholly owned subsidiary JELD-WEN, Inc. by Steves & Sons, Inc.
(“Steves”).
The verdict was unfavorable to JELD-WEN with respect to Steves’ claims
that JELD-WEN’s 2012 acquisition of CraftMaster, Inc. (“CMI”) violated
Section 7 of the Clayton Act and that JELD-WEN breached the supply
agreement between the parties. The verdict awards Steves $12,151,873 for
past damages under both the Clayton Act and breach of contract claims
and $46,480,581 in future lost profits under the Clayton Act claim. The
Company expects that Steves will be required to elect to recover its
past damages either under the Clayton Act claims or the contract claims,
but not both. If a judgment is entered under the Clayton Act, any
damages awarded will be trebled. In addition, if a judgment is entered
under either theory in accordance with the verdict, Steves will be
entitled to an award of attorneys fees. JELD-WEN’s position is that,
because future lost profits were awarded, Steves is not permitted to
pursue its claim for divestiture of certain assets acquired in the CMI
acquisition.
The Company continues to believe that the facts underlying this dispute
do not establish either a violation of the antitrust laws or a breach of
contract. The Company notes that both before and after the CMI
acquisition, the Antitrust Division of the Department of Justice
reviewed the transaction and did not challenge it. JELD-WEN believes
that multiple pretrial and trial rulings were erroneous and improperly
limited the Company’s defenses, and that judgment in accordance with the
verdict would be improper for several reasons under applicable law.
JELD-WEN intends to vigorously oppose entry of an adverse judgment, and
to appeal any adverse judgment that may be entered. Accordingly, the
Company does not believe that the ultimate outcome of this matter will
have a material impact on its ability to operate in the ordinary course
of business.
JELD-WEN’s claims against Steves and others related to misappropriation
of trade secrets remain pending and are set for trial in April 2018.
The Company will offer remarks regarding this matter during its
previously announced February 21, 2018 earnings call.
About JELD-WEN
JELD-WEN, founded in 1960, is one of the world’s largest door and window
manufacturers, operating over 120 manufacturing facilities in 19
countries located primarily in North America, Europe and Australia.
Headquartered in Charlotte, N.C., JELD-WEN designs, produces and
distributes an extensive range of interior and exterior doors, wood,
vinyl and aluminum windows and related products for use in the new
construction and repair and remodeling of residential homes and
non-residential buildings. JELD-WEN is a recognized leader in
manufacturing energy-efficient products and has been an ENERGY STAR®
Partner since 1998. Our products are marketed globally under the JELD-WEN®
brand, along with several market-leading regional brands such as Swedoor®
and DANA® in Europe and Corinthian®, Stegbar®,
and Trend® in Australia. For more information visit www.jeld-wen.com.
Forward-Looking Statements
This press release contains certain “forward-looking statements”
regarding business strategies, market potential, future financial
performance, the potential of our categories and brands, and our
expectations, beliefs, plans, objectives, prospects, assumptions, or
other future events. Forward-looking statements are generally identified
by our use of forward-looking terminology such as “anticipate”,
“believe”, “continue”, “could”, “estimate”, “expect”, “intend”, “may”,
“might”, “plan”, “potential”, “predict”, “seek”, or “should”, or the
negative thereof or other variations thereon or comparable terminology.
Where, in any forward-looking statement, we express an expectation or
belief as to future results or events, such expectation or belief is
based on the current plans, expectations, assumptions, estimates, and
projections of our management. Although we believe that these statements
are based on reasonable expectations, assumptions, estimates and
projections, they are only predictions and involve known and unknown
risks, many of which are beyond our control that could cause actual
outcomes and results to be materially different from those indicated in
such statements.
Our actual results could differ materially from the results contemplated
by these forward-looking statements due to a number of factors,
including the factors discussed in our Annual Report on Form 10-K for
the year ended December 31, 2016, and our Quarterly Reports on Form
10-Q, both filed with the Securities and Exchange Commission.
The forward-looking statements included in this release are made as of
the date hereof, and except as required by law, we undertake no
obligation to update, amend or clarify any forward-looking statements to
reflect events, new information or circumstances occurring after the
date of this release.

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JELD-WEN Holding, Inc.
Investor Relations:
John Linker,
+1-704-378-7007
investors@jeldwen.com
or
Media
Relations:
Gary Rubin
grubin@cmdagency.com
JELD-WEN@cmdagency.com
Source: JELD-WEN Holding, Inc.