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Stein v. Fenestra America, L.L.C.

United States District Court, E.D. Pennsylvania
Mar 9, 2010
CIVIL ACTION No. 09-5038 (E.D. Pa. Mar. 9, 2010)

Summary

dismissing negligent misrepresentation and/or fraudulent inducement claims against both defendants under economic loss doctrine and Werwinsk, where plaintiff maintained claim for breach of contract against window manufacturer, and claims for breach of express and implied warranties against manufacturer and intermediary entity, with which plaintiff had no contract but which also made alleged product misrepresentations which induced purchase

Summary of this case from Axiall Corp. v. Descote S.A.S.

Opinion

CIVIL ACTION No. 09-5038.

March 9, 2010


ORDER


AND NOW, this 9th day of March, 2010, upon consideration of Defendants' Motion to Dismiss, Plaintiff's response thereto, Defendants' reply thereon, and for the reasons set forth in this Court's March 9, 2010 Memorandum, it is hereby ORDERED that:

1. Defendants' Motion to Dismiss (Doc. No. 4) is GRANTED in part and DENIED in part.
a. Defendants' Motion to Dismiss Count II, Count III, and Count IV of Plaintiff's Amended Complaint is GRANTED.
b. Defendants' Motion to Dismiss Count V and Count VI with respect to Zeluck, Inc., and Count VII in its entirety is DENIED without prejudice.
2. Plaintiffs are hereby granted 30 days to conduct limited discovery on issues relevant to whether the corporate veil should be pierced in this case. Plaintiffs have until April 23, 2010 to further amend their Complaint to allege additional facts supporting their argument that Zeluck and Fenestra are jointly and severally liable for the debts of each other.


Summaries of

Stein v. Fenestra America, L.L.C.

United States District Court, E.D. Pennsylvania
Mar 9, 2010
CIVIL ACTION No. 09-5038 (E.D. Pa. Mar. 9, 2010)

dismissing negligent misrepresentation and/or fraudulent inducement claims against both defendants under economic loss doctrine and Werwinsk, where plaintiff maintained claim for breach of contract against window manufacturer, and claims for breach of express and implied warranties against manufacturer and intermediary entity, with which plaintiff had no contract but which also made alleged product misrepresentations which induced purchase

Summary of this case from Axiall Corp. v. Descote S.A.S.

applying the doctrine to a suit by private consumers concerning the construction of their home

Summary of this case from Flynn v. FCA U.S. LLC
Case details for

Stein v. Fenestra America, L.L.C.

Case Details

Full title:RANDALL STEIN and AMY STEIN Plaintiffs, v. FENESTRA AMERICA, L.L.C. and…

Court:United States District Court, E.D. Pennsylvania

Date published: Mar 9, 2010

Citations

CIVIL ACTION No. 09-5038 (E.D. Pa. Mar. 9, 2010)

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