Pa. Federal Court Refuses to Allow Unfair Trade Claim

PHILADELPHIA - A Pennsylvania federal judge said Nov. 23 in dismissing an unfair trade practices claim against a window retailer that 3rd Circuit precedent holds that any such claim alleging intentional misrepresentation is barred in Pennsylvania by the economic loss doctrine. DeFebo v. Andersen Windows Inc., et al., No. 09-2993 (E.D. Pa.).

In predicting what the state's high court would do if deciding the issue, the judge declined to follow an unpublished state court opinion allowing a similar claim.

Daniel DeFebo alleges in a lawsuit against Andersen Windows Inc. and Home Depot U.S.A. Inc. that misalignment in specially ordered windows …