Pella sued over Architect and Designer Series
A court in NY held that several lawsuits involving the Pella Architect and Designer series could be consolidated in one proceeding in South Carolina. This decision was filed 2/14/2014.
Homeowners filed suit against Pella in NY, PA, LA, NV, IL and OR over the aluminum clad Designer and Architect window series. They all have essentially alleged that the Designer/Architect series had design defects that caused them to leak.
Pella objected to the consolidation saying the windows from these lines did not involve similar facts to warrant consolidation of the cases. Here are some of the reasons Pella cited as to why consolidation should not be allowed to occur:
(a) different windows were involved in the different lawsuits;
(b) the windows involved different designs and compositions;
(c) the windows were manufactured in different plants;
(d) the windows have a history of low failure rates;
(e) damage caused by the alleged leaky windows were unique to the different homeowners.
The judge was not persuaded by Pella's arguments. The plan is to now have the lawsuits proceed in South Carolina.
The judge ruling is a procedural issue and is not a ruling that Pella did anything wrong. At this juncture, the plaintiffs will still need to prove the case that the aluminum clad Architect and Designer series windows had a design defect that caused them to leak.