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Gentek Siding Lawsuit Will Not Be Dismissed

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U.S. District Judge Benita Y. Person denied a motion to dismiss a class action lawsuit filed by 9 homeowners in North Dakota, Wisconsin, and Idaho alleging that siding manufactured by Gentek Building Products Inc., is defective and prematurely chips and peels.

Judge Peason also ruled that company’s motion to strike the Gentek siding class action lawsuit was premature, as the Court had not yet adjudicated class action certification.

Plaintiffs also allege that they had to file warranty claims with Gentek because of delaminating paint, to which Gentek offered to repaint the affected area or pay a small amount of compensation though the warranty says the company will repair, refinish or replace defective siding at no cost to the homeowner, if they siding fails within three years of installation. After three years, Gentek would assume the cost of labor and materials after owners pay a $100 fee.

A status conference held via phone will determine a discovery cut-off date, the Court ordered.

The lawsuit seeks monetary damages, declaratory and equitable relief, and /or disgorgement of profits on behalf of themselves and all individuals similarly situated because of Gentek.

breakinglawsuitnews.com disclaimer: This article: Gentek Siding Lawsuit Will Not Be Dismissed was posted on Monday, September 12th, 2011 at 8:54 pm at breakinglawsuitnews.com and is filed under Construction Defect Lawsuits.

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