Marvin Lumber & Cedar Co. v. PPG Industries, Inc.

With the exception of the majority’s holding regarding Marvin’s warranty of future performance claims, in which I concur, I cannot join the majority opinion. First, I disagree with the majority’s definition of a “merchant in goods of the kind” and its application of the term to Marvin. Second, I disagree with the majority’s treatment of Marvin’s fraud and fraudulent inducement claims under the economic loss doctrine. I respectfully submit that throughout its analysis, the majority ignores a basic principle of federalism mandated in Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed.…