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US District Court Certifies Louisiana-Pacific Trimboard Class Action
The United States District Court for the Eastern District of North Carolina has issued an Order granting Plaintiffs’ Motion for Class Certification in Hart v. Louisiana-Pacific Corp., No. 2:08-CV-47-BO (E.D.N.C.). U.S. District Court Judge Terrence W. Boyle found that the plaintiffs met the requirements of Federal Rule 23(b)(3) for class certification on their breach of express warranty claim. Judge Boyle noted that the plaintiffs had alleged detailed facts that, if proven, could show Louisiana-Pacific knew of, but failed to disclose, defects in its exterior trim product known as Trimboard and that the installation instructions were defective in such a way that contractors would not install the product in the manner called for, thereby voiding the warranty. Common issues supporting class certification included, he continued, whether Trimboard was defective in design and manufacture, whether Louisiana-Pacific knew of the defects and concealed them from the public, and whether the express 10-year limited warranty was unconscionable and failed of its essential purpose. The Court found that it may be empowered to alter or void the warranty and award damages under N.C. Gen. Stat. § 25-2-302. The case was brought only under the theory of breach of express warranty because it appeared that other claims might be barred by North Carolina’s then-existing 6-year statute of repose.
Matthew Lee
Partner
Matt handles complex litigation, primarily construction defect, product liability, business disputes, and wrongful death cases, and has secured substantial verdicts and settlements in a variety of matters, including multi-million dollar verdicts for homeowners associations in construction defect litigation and large settlements in wrongful death and product liability cases.
Read bioJohn Whitfield has been significant in his management of a suit involving the death of my son in a motorcycle accident. His professionalism, compassion, support, and especially his knowledge base in this suit has been above reproach. He has communicated well and kept all parties apprised of the status of the suit. I feel he negotiated effectively to reach the best possible settlement for my son's estate. He certainly assures his clients are represented well. I am grateful for his successfully bringing this suit to a satisfactory conclusion. In short, John's expertise has been awesome.
I am very grateful to Whitfield Bryson for taking the initiative in filing suit against the manufacturers of defective CSST pipe. I am sure that this successful litigation will now help Maryland homeowners become aware of the danger of old style CSST pipe and to let them know what steps they may take to protect themselves against those dangers. Who knows how many lives and homes may be saved as a result of his efforts. Thank you for your important work in this litigation.
