Home Depot Customers Get Class Cert. In Faulty Railing Suit
By Kira Lerner (September 9, 2014, 3:09 PM EDT) -- A Kansas federal judge on Monday certified a class of consumers who allege they purchased outdoor railing products with defective plastic brackets designed by Barrette Outdoor Living Inc. and sold by Home Depot USA Inc., rejecting the argument that Home Depot didn't keep customer records so certification should be denied.
U.S. District Judge Daniel D. Crabtree granted lead plaintiff Frederick Aloysius Nieberding's motion for class certification despite Home Depot and Barrette's argument that class recovery is impossible because Home Depot doesn't have business records on the purchasers of the defective vinyl guardrails, according to the order.
"In a consumer class action...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!