Seven homeowners tried to pursue a class action lawsuit against Milgard Manufacturing Incorporated, a manufacturer of aluminum, vinyl, fiberglass and wood windows and doors. The lawsuit claimed that millions of aluminum windows manufactured by Milgard and installed in tens of thousands of California properties were defectively designed. A California state court ruled that the lawsuit could not proceed as a class action because common questions did not predominate as to any of plaintiffs' claims. The court also expressed concern that piecemeal resolution of isolated manufacturing component issues through class actions would further complicate traditional construction defect litigation. (Aug-28-06)
Information Provided By Paul Sugarman of [Heller Ehrman LLP]
