Legal Opinion

In re Azek Building Products, Inc.

District Court, D. New Jersey

Decided January 30, 2015No. Civil Action No. 12-6627; MDL Docket No. 2506PublishedCited by 24 opinions

1Opinion of the Court

*612OPINION

ARLEO, District Judge.

This matter comes before this Court on Defendant’s Motion to Dismiss Plaintiffs’ Consolidated Amended Complaint (“CAC”) for failure to state a claim, pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6) [Dkt. No. 95]. For the reasons set forth below, the motion is GRANTED-IN-PART and DENIED-IN-PART.

I. Facts

In this case, sixteen named plaintiffs seek to bring a class-action lawsuit under the laws of eleven states against Defendant AZEK Building Products, Inc. (“Defendant”). This dispute centers on alleged defects in Defendant’s decking products rising…

2Cases cited37 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  5. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997

32 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. In re Rust-Oleum Restore Marketing, Sales Practices & Products Liability LitigationDistrict Court, N.D. Illinois · 2016
  2. Schechner v. Whirlpool Corp.District Court, E.D. Michigan · 2017
  3. Peruto v. Timbertech Ltd.District Court, D. New Jersey · 2015
  4. Eberhart v. LG Electronics USA, Inc.District Court, D. New Jersey · 2016
  5. ALTICE USA, INC. v. NEW JERSEY BOARD OF PUBLIC UTILITIESDistrict Court, D. New Jersey · 2020

19 more not listed; retrieve them via the Exa API.

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