DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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151830P.pdf 04/12/2016 Alan Brown v. Louisiana-Pacific Corporation
U.S. Court of Appeals Case No: 15-1830
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Shepherd, Circuit
Judges]
Civil case - Breach of warranty. In order to prevail on a
fraudulent-misrepresentation claim under Iowa law, plaintiff had to prove
that his contractor, upon whom he relied in selecting defendant's
TrimBoard siding product, had actually reviewed materials from defendant
or received a communication from defendant that he passed onto plaintiff
and upon which plaintiff relied; he failed to do so, and the district
court did not err in rejecting his fraudulent-misrepresentation claim;
plaintiff's unfair or deceptive practices claims fails for the same
reason; the district court did not err in enforcing the terms of
defendant's limited warranty; the limited warranty is neither procedurally
nor substantively unconscionable and is enforceable under Iowa law.