Plaintiffs May Add Mich. Couple, Negligence Claim to MI Windows Class Action, Judge Rules

CHARLESTON, S.C. — A South Carolina judge has permitted plaintiffs to amend a Michigan class action against MI Windows and Doors to add a couple whose home was damaged by allegedly defective windows manufactured by the company.

U.S. District Judge David C. Norton’s June 24 order allowed the amendment without the filing of a motion to intervene, but only the negligence claims of plaintiffs John and Elizabeth McCubbrey may proceed, the judge ruled. Separate proposed claims for breach of express and implied warranties were rejected by Judge Norton as not likely to survive a motion to dismiss.

Lead plaintiff David …