4th Circuit Reinstates Toll Bros. Lawsuit Against Dryvit

RICHMOND, Va. - Toll Bros. Inc. developers can pursue reimbursement claims against Dryvit Systems for the cost of replacing artificial stucco siding on homes in a Connecticut development, a federal circuit court said Dec. 21 in reversing summary judgment for Dryvit. Toll Bros., Inc. v. Dryvit Systems, Inc., et al., No. 05-1077 (4th Cir.).

A three-judge panel from the 4th Circuit Court of Appeals affirmed summary judgment for Dryvit on the developer's consumer product liability act claims, but said in a 2-1 decision that the U.S. District court for the Eastern District of North Carolina erred in holding that Toll …