PITTSBURGH — A Third Circuit Court of Appeal’s denial of a motion to dismiss a local case over a homeowner’s suit for unfair trade practices against Heartland Homes could have major implications for consumer protection cases in Pennsylvania, according to the suit’s lawyer.
“Any consumer transaction involving a contract will be impacted by this decision,” said Jordan Strassburger, a lawyer with downtown-based Strassburger McKenna Gutnick & Gefsky, of the three-judge panel’s denial to dismiss the case of Lisa Earl vs. NVR Inc., the corporate parent of Heartland Homes. “Every single one.”
In essence, the precedent could make it easier to file lawsuits in cases where a signed contract between the two parties was in force. Strassburger, who represented Earl, noted the precedential nature of the decision and how it reopens established case law in Pennsylvania, ending a status quo in which the very fact of having an established contract often resulted in suits being dismissed.
Read more from our news partners at the Pittsburgh Business Times.
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