Brown v. Louisiana-Pacific Corp., No. 15-1830 (8th Cir. 2016)Annotate this Case
Plaintiff filed suit against LP, alleging claims for fraudulent misrepresentation, unfair or deceptive practices, and breach of warranty against LP for the purported defectiveness of its TrimBoard product. The district court granted summary judgment to LP. In order for plaintiff to prevail on his fraudulent-misrepresentation claim under Iowa law, he must prove eight elements. At issue is the sixth element - justifiable reliance. In this case, plaintiff's builder's affidavit is insufficient to create a genuine issue of material fact as to whether the builder - a third party - received a communication from LP that he subsequently communicated to plaintiff and upon which plaintiff relied. Therefore, the district court did not err in rejecting defendant's fraudulent-misrepresentation claim. Likewise, plaintiff's unfair or deceptive practices claims fail. The court also concluded that the district court did not err in enforcing the terms of LP's limited warranty where the mere fact that the limited warranty does not compensate plaintiff for the entirety of his damages does not mean it has failed of its essential purpose, and where the limited warranty is neither procedurally nor substantively unconscionable. Accordingly, the court affirmed the district court's judgment.