La. Court Allows Construction Defect Claims to Proceed Against Water Heater Manufacturer; Dismisses Failure-to-Warn, Design Defect Claims

NEW ORLEANS –– While a Louisiana federal court has issued an order allowing homeowners to proceed with a construction or composition defect claim against a hot water heater manufacturer, it has dismissed claims for failure to warn, design defect, express warranty and negligence.

In the July 31 order, the U.S. District Court for the Eastern District of Louisiana additionally rejected efforts by Rheem Manufacturing Co. to exclude testimony from an expert retained by the plaintiffs and their homeowners’ insurance company.

The underlying lawsuits were filed by owners of a home in Covington, La., that was insured by State Farm Fire …