9th Circ Revives Homeowners' Suit Over Uponor Plumbing Parts

Law360, Los Angeles (April 11, 2012, 8:51 PM EDT) -- The Ninth Circuit on Wednesday revived a proposed class action accusing Uponor Inc. of manufacturing defective plumbing parts, ruling that a federal judge erred when he ordered that the plaintiffs' complaint be dismissed with prejudice.

The three-judge panel found that U.S. District Judge Robert C. Jones misinterpreted the state's unique construction defect law under Chapter 40 of the Nevada Revised Statutes in deciding that the proposed class action, which the plaintiffs had voluntarily withdrawn, could be dismissed with prejudice.

The distinction is crucial for the homeowners,...
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