Law360, New York (January 16, 2013, 7:38 PM EST) -- A South Carolina federal judge Wednesday refused to let roofing materials manufacturer GAF Materials Corp. fully escape a putative class action accusing the company of making defective shingles, ruling the named plaintiff properly alleged the company's express warranty was unfair and unreasonable.
U.S. District Judge J. Michelle Childs dismissed Kathleen Erickson's claims for fraud and negligence, but allowed the warranty claims to survive in a suit that has been consolidated with 10 other similar actions targeting GAF's Timberline Ultra shingles for allegedly containing a latent defect that caused the product to prematurely crack.
GAF's so-called smart-choice warranty, which was printed on...
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