In a significant pre-trial ruling (Tuesday, May 10, 2016), a federal district court judge found in favor of plaintiffs in the national class action case against Pella windows for selling defective windows to thousands of customers over a period of years.
U.S. District Court Judge James B. Zagel of the Northern District of Illinois today ruled that potential claims can be litigated under the Illinois Consumer Fraud and Deceptive Trade Practices Act, 815 ILCS 501/1, as well as under the consumer protection statutes of California, Florida, Michigan, New Jersey and New York. Judge Zagel also ordered the defendants to answer the complaint filed by the plaintiffs and denied the defendant's motion to decertify the nationwide class made up of thousands of impacted consumers.
The parties will move on with discovery, which has been ongoing.
The complaint, filed on behalf of thousands of consumers across the country by Clifford Law Offices, pleads that Pella marketed its product as a premium product, either directly or through its distributors, when, in fact, many have suffered window sashes that are completely rotted through, with glass and hardware falling out, leaving them with totally unusable and unsafe, despite the windows being relatively new.
Clifford Law Offices serves as co-lead counsel in the defective Pella window class action matter in federal district court in Chicago.