Rust-Oleum Peeling Deck Paint MDL Survives Dismissal Bid

By Jody Godoy (January 8, 2016, 3:00 PM EST) -- An Illinois federal judge preserved on Thursday most claims in multidistrict litigation by a group of consumers who allege one of Rust-Oleum's deck treatments bubbled and peeled long before the company said it would.

U.S. District Judge Amy J. St. Eve allowed the 40 consumers from 27 states to go forward with most of their warranty and consumer protection claims in the proposed class action against the coating manufacturer over its Deck & Concrete Restore and Restore 10X products, saying some of the key issues around the warranty Rust-Oleum offered can't be solved without delving into the facts.

"Indeed, factual inquiries...

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