Court won't stop class-action suit against Pella
Headline Legal News 2011/01/19 02:56The Supreme Court won't stop the class-action certification of a lawsuit against Pella Corp. over a purported defect in one of its windows.
The high court on Tuesday refused to hear an appeal from the window-maker.
The lower courts have certified a class-action lawsuit against Pella. The lawsuit alleges that Pella's aluminum clad wood "Proline" casement windows have a design defect that allows water to seep behind the aluminum cladding. They claim that allows the wood to rot at an accelerated rate, and that Pella committed consumer fraud by not declaring publicly the role that the purported design flaw had in the rot.
But Pella fought the class-action certification, saying consumer fraud claims are inappropriate for class treatment.