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...

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