A recent class action says the following
Defendant James Hardie Building Products Inc. manufactures HardiePlank, a fiber-cement siding. (Consolidated Complaint (“CC”) ¶ 1.) In its advertising, Defendant stated that its siding had a 50–year transferable warranty, required low or no maintenance, and was designed and engineered to tolerate extreme weather. (Id. ¶¶ 2–3, 32.) Plaintiffs generally allege that, after the siding was installed on their homes, it began warping, cracking, flaking, shrinking, and discoloring. (Id. ¶¶ 6–7, 35.) Sometimes the siding came loose or fell off the building altogether, potentially exposing the substructure to moisture and other damage. (Id. ¶¶ 6–7, 34.) Plaintiffs had to repair or replace the siding sooner than would be reasonably expected. (Id. ¶¶ 34, 36.)
Defendant James Hardie Building Products Inc. manufactures HardiePlank, a fiber-cement siding. (Consolidated Complaint (“CC”) ¶ 1.) In its advertising, Defendant stated that its siding had a 50–year transferable warranty, required low or no maintenance, and was designed and engineered to tolerate extreme weather. (Id. ¶¶ 2–3, 32.) Plaintiffs generally allege that, after the siding was installed on their homes, it began warping, cracking, flaking, shrinking, and discoloring. (Id. ¶¶ 6–7, 35.) Sometimes the siding came loose or fell off the building altogether, potentially exposing the substructure to moisture and other damage. (Id. ¶¶ 6–7, 34.) Plaintiffs had to repair or replace the siding sooner than would be reasonably expected. (Id. ¶¶ 34, 36.)
Plaintiffs allege that Defendant had reason to know that its siding was defective. (CC ¶¶ 50, 109.) They claim that, despite this knowledge, Defendant continued to represent that the siding was durable and long-lasting and, through such representations, created a reasonable expectation that the siding would last 50 years.
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