Negligence – Defective Product

By: Derek Hawkins//July 18, 2017//

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7^th Circuit Court of Appeals

Case Name: Mary Haley, et al. v. Kolbe & Kolbe Millwork Co.

Case No.: 16-3192

Officials: FLAUM, KANNE, and HAMILTON, Circuit Judges

Focus: Negligence – Defective Product

Seven pairs of spouses and one individual filed this putative class action against Kolbe & Kolbe Millwork Company, alleging that Kolbe sold them defective windows that leak and rot. Plaintiffs brought common-law and statutory claims for breach of express and implied warranties, negligent design and manufacturing of the windows, negligent or fraudulent misrepresentations as to the condition of the windows, and unjust enrichment. The district court granted partial summary judgment in Kolbe’s favor on a number of claims, eventually excluded plaintiffs’ experts and denied class certification, and ultimately found that plaintiffs’ individual claims likewise could not survive without expert support. We affirm

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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