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Rust-Oleum’s Bid To Toss Nationwide Deck-Coating Class Action Rejected By Court

On January 7, 2015, Judge Amy J. St. Eve issued an opinion denying, in nearly every respect, a motion filed by Rust-Oleum Corporation seeking to dismiss a consumer class action claiming that its Restore Deck & Concrete and Restore 10X decking products suffer from a defect that causes them to fail, leading to extensive damage to consumers’ decks and other property.

The plaintiffs, a group of 40 purchasers of the Restore products, allege that Restore contains latent defects resulting in premature degradation upon application. Plaintiffs further contend that Restore was defective both prior to and during Rust-Oleum’s marketing, selling, and warranting the product to the plaintiffs.

In her nearly 100-page opinion, Judge St. Eve found that the plaintiffs had stated viable claims for breach of express and implied warranty, and that nearly all of the plaintiffs also stated claims for violations of their respective state consumer fraud statutes, negligent misrepresentation, and fraudulent concealment.

LDG is co-lead counsel in the case along with Audet & Partners LLP. You can read more about the decision here.