Trex Deck Warranty Claim Survives Despite 3rd-Party Sales

Law360, New York (March 5, 2012, 8:00 PM EST) -- A Kentucky federal judge on Monday refused to dismiss a putative class's claim accusing Trex Co. Inc. of breaching an express warranty by selling faulty decking material, finding Trex had made a promise directly to consumers even though it had sold the material through third parties.

U.S. Judge Charles R. Simpson denied Trex's motion for judgment on the pleadings on the breach of express warranty claim and a claim under the Magnuson-Moss Warranty Act, while granting the decking material maker's bid for judgment as a matter...
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