Owens Corning wins partial summary judgment in putative consumer class action over brand of roofing shingles
Clients Owens Corning
Jones Day client Owens Corning won partial summary judgment in a putative consumer class action concerning a brand of Owens Corning roofing shingles. The judgment removed a significant portion of the claims in the case.
Owens Corning successfully argued that the plaintiffs' negligence theory was barred by the economic loss rule and that their unjust enrichment claims were precluded by the existence of legal contracts.
Owens Corning also obtained dismissal of the plaintiffs' claims for injunctive relief on the basis that the plaintiffs had an adequate legal remedy and could not show any risk of future harm. As part of this ruling, the court found that certain claims purporting to seek declaratory relief were actually requests for coercive, injunctive relief and that those claims failed for the same reason as the plaintiffs' other injunction claims.
The case is proceeding on the plaintiffs’ remaining claims.
Buske v. Owens Corning (Corp.), Case No. 1:16-cv-00709-TWT (N.D. Ga.)