DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081314P.pdf 04/06/2009 Alan Drobnak v. Andersen Corporation
U.S. Court of Appeals Case No: 08-1314
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED][Wollman, Author, with Beam and Benton, Circuit Judges]
Civil case - Class Actions. The district court did not err in dismissing
plaintiffs' amended class complaint alleging defects in defendant's
windows, as the complaint did not meet Rule 9(b)'s particularity
requirements; nor did the court err in finding that plaintiffs' UCC-based
claims should be dismissed on the ground they did not provide adequate
notice; court did not err in dismissing plaintiffs' Drobnak's UCC-based
claims on the ground they were barred by the statute of limitations;
district court did not err in dismissing claim for equitable relief as
plaintiffs would have had an adequate legal remedy had they adhered to
the statutory notice and Rule 9(b) pleading requirements; district court
did not err in denying plaintiffs' requests for permission to file a second
amended complaint.