819 F. Supp. 2d 1297
S.D. Fla.2011Background
- Gavron sues Weather Shield for breach of express warranty (Count I) and FDUTPA violation (Count II) regarding Legacy Series windows/doors.
- Gavron purchased Weather Shield LifeGuard Legacy Series products for over $300,000 through a Florida sales channel and contractor-installed them.
- Leaks occurred after installation; weather-related leaks persisted despite corrective installation and sealing efforts.
- Gavron found evidence that products were not manufactured per Miami-Dade BCCO approvals and testing documentation; BCCO later found non-conformities and inadequate quality control.
- Weather Shield allegedly advertised proper sealing and reinforcement; defects included improper sealing, misalignment, and rot; Weather Shield allegedly knew such defects were unknown/unexpected by consumers.
- Court previously stayed ruling pending Fitzpatrick decisions; now decides MDUTPA reliance issue and Weather Shield knowledge issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FDUTPA requires reliance for causation? | Gavron need not plead reliance per Fitzpatrick II. | Gavron must plead reliance under FDUTPA. | Gavron need not plead reliance; claim survives. |
| Knowledge of defects needed for FDUTPA? | Defendant’s knowledge not required to plead FDUTPA. | Knowledge of defects required under FDUTPA. | Knowledge not required; claim survives. |
Key Cases Cited
- Fitzpatrick v. General Mills, Inc. (Fitzpatrick II), 635 F.3d 1279 (11th Cir. 2011) (affirms no reliance pleading needed for FDUTPA damages)
- Rollins, Inc. v. Butland, 951 So. 2d 860 (Fla. 2d Dist. Ct. App. 2006) (three elements of FDUTPA claim; deception focus; causation and damages)
- PNR, Inc. v. Beacon Prop. Mgmt., Inc., 842 So. 2d 773 (Fla. 2003) (definition of deceptive act under FDUTPA)
- Orkin Exterminating Co. v. Federal Trade Comm., 849 F.2d 1354 (11th Cir. 1988) (deception possible without intent to deceive)
- Millennium Commc'ns & Fulfillment, Inc. v. Office of the Attorney Gen., 761 So.2d 1256 (Fla. 3d Dist. Ct. App. 2000) (FDUTPA interpretation guidance; defer to FTC)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading standards; knowledge argument discussed)