Warranty, Deceptive Trade Practice Claims Survive in TrimBoard Class Action
January 25, 2013
DOCUMENTS
- Decision and Order
BUFFALO, N.Y. — Plaintiffs seeking damages for allegedly defective TrimBoard manufactured by Louisiana-Pacific Corp. can pursue claims for breach of express warranty and deceptive trade practices against the company, a federal judge in New York has ruled.
Judge William M. Skretny of the U.S. District Court for the Western District of New York left the causes of action intact in a Jan. 3 decision that also dismissed allegations of negligence, unjust enrichment, breach of implied warranty and a claim for punitive damages brought by an assisted living facility that experienced water intrusion damage as a result of the deteriorating trim …
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- Womble, Carlyle, Sandridge & Rice
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