This lawsuit alleges that Morning Star Bamboo Flooring, manufactured and sold by defendant Lumber Liquidators, is vulnerable to premature cracking, splitting, warping and shrinking which occurs well before its warranted useful life and that the defendant has not taken appropriate steps to remedy the situation for affected customers.
According to this amended complaint, filed in the U.S. District Court for the Northern District of California, Lumber Liquidators manufactures, advertises, sells and distributes bamboo flooring under the brand name Morning Star Bamboo Flooring throughout the United States for installation in homes and other structures. It is further alleged that the defendant markets and warrants that the flooring is durable and comes with a 30-year warranty.
The plaintiffs in this case are individual homeowners who have had Morning Star Bamboo flooring installed in their properties only to have a number of serious problems develop with the product, including:
Attempts by the homeowners to secure warranty repair or replacement assistance from Lumber Liquidators proved unsuccessful, with the defendant routinely attributing the problems to independent installation contractors. In some cases, the defendant sent inspectors to examine the plaintiffs' flooring in response to their warranty inquiries, but in each case, Lumber Liquidators denied that the products were defective in any way. As a result, the plaintiffs and prospective class members have suffered financial losses that include the purchase price of the products as well as repair and replacement costs subsequently incurred.
The lawsuit is seeking the establishment of a nationwide class as well as California, New York, Illinois and West Virginia subclasses. The complaint seeks to prevent Lumber Liquidators from asserting the statute of limitations as a defense, stating that the company knew or reasonably should have known of the product's defects prior to it having been advertised for sale. Improper warranty tactics and the use of sham inspections of plaintiffs' flooring, it is argued, should also stop the company from utilizing a defense of this type.
Plaintiffs allege violations of California's Consumer Legal Remedies Act, California's Unfair Competition Law, New York General Business Law Section 349 and Illinois' Consumer Fraud and Deceptive Business Practices Act. As a consequence, the complaint seeks injunctive relief requiring the defendant to replace and/or repair all products installed in structures owned by members of the class, a declaration that Lumber Liquidators must disgorge all or part of its ill-gotten profits and/or make full restitution to plaintiffs and an award of costs and fees associated with bringing suit.
This lawsuit represents an amended class action complaint. We will review the docket and provide updates in December 2015.