March 28, 2007
Vol 2 | Num 13

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Andersen Faces Class-Action Argon Suit
Masonite to Shut Down Ohio Plant
Windsor Wraps Up Expansion Project
Lowe’s Requires Big Hammer
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How should the industry respond to this, and similar, lawsuits?
Get its associations in high gear to battle this suit.
Bring the government to our side—they pushed for the ratings.
Revamp the whole ratings process.
Stop gas-filling IG units.
Do nothing; this type of suit won't fly in court.

The Latest...

Andersen Faces Class-Action Argon Suit

A Los Angeles law firm has filed a class-action suit against Andersen Corp. in the San Francisco County Superior Court alleging fraudulent misrepresentation and unfair business practices. The plaintiff, David Yancey, on behalf of himself and others with the same situation, claim that the Andersen products they purchased have a lower initial concentration of inert glass than what was presented, and that the products’ dual seal does not prevent or slow leakage.

The case, filed March 19, is being handled by Brian Strange of the Strange & Carpenter law firm.

The filing alleges that “because of improper seals and/or modifications with breather/capillary tubes and/or substandard initial gas fill rate, the gas would leak out or the windows would not deliver the claimed energy-saving qualities.”

Though not directly involved with the case, Charles A. Gentry, managing partner at Carson & Coil law firm, noted that this case underscores how critically important it is to make sure what is claimed on warranties, Web sites and other sales documents can be verified. "Homeowners are getting more purchase-savvy and concerned with energy efficiency," he said. "Any manufacturer can learn from this—if they're telling the public that argon gas, or whatever method they're using, makes their windows energy efficient, they've got to have a quality control process in place to verify that."

"Energy efficiency is an interesting arena that is growing in importance to the end-user and can be difficult at times to verify," he continued.

At the time of publication, Window & Door has not yet received comment from the involved parties. Check back for updates and continued coverage on this case.


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