Pella window class-action suit survives certification
Pella case includes consumers who have not suffered any financial damages but may in the future
Ameet Sachdev Chicago Law May 10, 2011
Class-action lawsuits face stiff head winds in courts and the court of public opinion.
But that doesn’t stop class-action lawyers and judges from finding creative ways to cut through the currents, as illustrated by a federal case in Chicago that has survived layers of judicial scrutiny.
The suit involves allegations of defective products sold by Pella Corp., an Iowa-based manufacturer of windows and doors. Consumers should take notice because their ability to challenge corporate wrongdoing through class-action suits has been diminished by recent court decisions. A U.S. Supreme Court ruling last month allows businesses to ban class actions by using mandatory arbitration clauses that are common in consumer contracts.