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15-2512 - Luckey et al v. Alside, Inc. et al


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15-2512 - Luckey et al v. Alside, Inc. et al
April 18, 2016
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MEMORANDUM OPINION AND ORDER denying 24 Motion to Dismiss or Transfer for Improper Venue(Written Opinion) Signed by Chief Judge John R. Tunheim on April 18, 2016. (DML)
March 29, 2017
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MEMORANDUM OPINION ORDER granting in part and denying in part defendants' 47 Motion for Judgment on the Pleadings. 1. The motion is GRANTED in all respects as to Defendant Alside, Inc. All claims against Defendant Alside, Inc. are DISMISSED with prejudice. 2. As to Defendants Associated Materials, LLC and Associated Materials, Inc., the motion is GRANTED as to Claims 1 (Negligent Product Design), 2 (Negligent Product Manufacture), 3 (Strict Product Liability Product Design), 4 (Strict Product Liability Product Manufacture), 6 (Breach of Implied Warranty of Fitness for a Particular Purpose), 8 (Negligent Misrepresentation), 9 (Fraud, Misrepresentation, and Concealment), and 15 (Violation of the Magnuson-Moss Warranty Act), as alleged in Plaintiffs' Second Amended Complaint [Docket No. 23]. These claims are DISMISSED with prejudice. 3. As to Defendants Associated Materials, LLC and Associated Materials, Inc., the motion is GRANTED as to Claims 10 (Unlawful Trade Practices pursuant to Minn. Stat. § 325D.13), 11 (Deceptive Trade Practices pursuant to Minn. Stat. § 325D.44), 12 (Unfair or Deceptive Trade Practices pursuant to N.H. Rev. Stat. § 358-A:2), 13 (Unfair or Deceptive Trade Practices pursuant to Ohio Rev. Code § 1345.02), and 14 (Unjust Enrichment) as alleged in Plaintiffs Second Amended Complaint [Docket No. 23]. These claims are DISMISSED without prejudice. 4. The motion is DENIED in all other respects. (Written Opinion) Signed by Chief Judge John R. Tunheim on March 29, 2017. (DML)