Blackwell Burke P.A. recently secured a complete defense victory on behalf of a national window manufacturer. Plaintiffs alleged negligent product design and manufacture, breach of express and implied warranties, and fraud, on behalf of a putative, national consumer class in a Minnesota federal district court. The lawsuit arose from plaintiffs’ contention that the insulated glass units in their windows had failed, and that the remedies provided by the manufacturer under the terms of the applicable warranties were inadequate. Plaintiffs sought to void the warranties, arguing, inter alia, that they were unconscionable and failed of their essential purpose. Blackwell Burke P.A., on behalf of the manufacturer, sought dismissal of the class action complaint in its entirety. The Blackwell Burke P.A. defense team argued that the plain language of the warranties was controlling and could not be voided or rewritten simply because the plaintiffs wanted a better deal. The Court ultimately agreed, and dismissed all eleven claims filed against our client. The judgment in favor of our client is currently on appeal to the Eighth Circuit federal court of appeals.
