US-based Marvin Windows and Doors may proceed with a lawsuit against PPG Industries after a federal appeals court ruled there is a factual dispute whether PPG made and broke warranties about the futur…
US-based Marvin Windows and Doors may proceed with a lawsuit against PPG Industries after a federal appeals court ruled there is a factual dispute whether PPG made and broke warranties about the future performance of its wood preservatives to the window and door maker. The 8th U.S. Circuit Court of Appeals did side with a district court judge“s decision to dismiss other Warroad-based Marvin Windows“ claims against PPG, including breach of contract, negligence, fraud and unfair and deceptive trade practices. An attorney for PPG said the company was pleased with the appeals court“s rulings and predicted PPG will ultimately prevail on the warranty issue. A Marvin spokeswoman said her company, while disappointed that the appeals court dismissed its fraud claims, is pleased it will get the chance to present its breach of warranty claim to a jury. “We intend to seek compensation for damages caused by PPG,” she said. The appeals court“s ruling was the latest twist in a six-year legal saga that began when Marvin sued PPG, claiming the company spent millions of dollars to replace windows and doors that prematurely rotted because of a defective PPG wood preservative. PPG has denied there was any defect with the wood preservative that Marvin used to coat its doors and windows.