CPR Defeats Motion to Dismiss Claim Against TimberTech
By: CPR @ Dec 17, 2015
Earlier this month, CPR, on behalf of John and Lori Peruto, prevailed in defeating CPG International LLC’s partial motion to dismiss the plaintiffs’ claim under the New Jersey Consumer Fraud Act (NJCFA) in Peruto, et al. v. TimberTech, Ltd. The decision was reported in nationally-syndicated legal journals. The class action case, filed in New Jersey federal court on behalf of the Perutos and other owners of TimberTech XLM decking throughout the State, alleges that TimberTech’s (a subsidiary of CPG) XLM decking products are prone to splotchy discoloration despite assurances from the company that the synthetic decking product is maintenance-free.
Now having prevailed in two preliminary dispositive motions, CPR and the plaintiffs look forward to proving their claims for breach of express warranty, negligent misrepresentation, declaratory relief, and under the NJCFA against the company on the merits in order to obtain a just result for all class members. A copy of the decision can be found here:
Cohen, Placitella & Roth, PC
Red Bank, NJ 07701