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Consumer Law
Product Liability
Manufacturing Defect

Eric Ross and Bradley S. Hureth, on behalf of themselves and all others similarly situated v. Trex Company Inc., a Delaware corporation

Published: Nov. 20, 2010 | Result Date: Mar. 15, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 5:09-cv-00670-PVT Settlement –  Equitable agreement

Court

USDC Northern


Attorneys

Plaintiff

Jonathan D. Selbin
(Lieff, Cabraser, Heiman & Bernstein LLP)

James J. Pizzirusso
(Hausfeld LLP)

Robert D. Gary

Charles L. LaDuca

Elizabeth Alexander

Richard S. Lewis

Kim D. Stephens
(Tousley Brain Stephens PLLC)

Robert K. Shelquist
(Lockridge Grindal Nauen PLLP)

Michael McShane


Defendant

Patrick J. Perrone


Facts

Trex Company Inc. manufactured and distributed wood alternative decking, railing, fencing, and trim. In 2007 Trex publicly disclosed it had a manufacturing problem in its Fernley, Nevada plant that affected some products starting in 2003.

Contentions

PLAINTIFF'S CONTENTIONS:
Two customers filed a class action suit against Trex alleging product defects. The customers contended that their decks suffered from surface flaking and that Trex failed to adequately remedy the problem.

Result

The parties reached a settlement whereby Trex agreed to honor its warranty to repair or replace products and to provide partial reimbursement for labor expenses.


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