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Court Denies LP's Motions to Decertify and for Partial Summary Judgment

On March 29, 2013, the United States District for the Eastern District of North Carolina denied Louisiana Pacific's motions to decertify and for partial summary judgment in Hart et al. v. Lousiana Pacific Corp.  The Court stated that the “common issues in this litigation remain whether LP knew that TrimBoard was defective at the time that the warranty attached, whether the warranty was unconscionable under these circumstances, and whether the warranty should be reformed as a result. ” In denying LP's motion for partial summary judgment, the Court stated that "LP has failed to rebut plaintiffs' allegation that it in fact knew that Trimboard was a defective product and that it crafted a liability-limiting warranty accordingly."  The case has been set for trial in August. 

Click here for a copy of the Order,  and here for the related Law360 story.  For further information about this case, please visit: www.trimboardlawsuit.com/.