Robert Lisk of Alabama was building a fence. So he bought some fence lumber from Lumber One. Three years later (he alleged) he discovered that his lumber was rotting prematurely. He filed a class action against Lumber One, asserting, among other claims, that it had violated Alabama’s Deceptive Trade Practices Act (the ADTPA).
Lumber One moved to dismiss the ADTPA claim, arguing that the statute specifically prohibited class actions. A court in the Northern District of Alabama agreed, and dismissed the case in Lisk v. Lumber One Wood Preserving, LLC, No. 3:13-cv–01402-AKK, 2014 U.S. Dist. LEXIS 1784 (N.D. Ala. … Continue Reading