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US District Court Certifies Louisiana-Pacific Trimboard Class Action

by Matthew Lee | Class Action | Share

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.

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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.

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