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Rust-Oleum paint deteriorates after warranty expires, class action says

By Legal News Line | Feb 27, 2015

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CHICAGO (Legal Newsline) - A paint supplier is being sued in federal court over allegations its product is defective and degrades even after using the paint correctly.

David and Kathleen Sullivan filed the class action lawsuit on Jan. 8 against Rust-Oleum Corp., alleging its paint products -- when used to resurface concrete decks, patios or outdoor wood structures -- are “susceptible to bubbling, peeling, cracking, flaking, chipping and general degradation after proper application.” The case was originally filed in U.S. District Court for the Southern District of Illinois.

However, on Feb. 18, it was transferred to a multidistrict litigation proceeding in Chicago federal court to be grouped with similar claims.

The lawsuit said Rust-Oleum advertises that its paint is a long-lasting, high-performance and low-maintenance product that is thicker than regular paint, allowing it to “mask imperfections such as cracks and splinters, and that their paint restores decks and patios to a uniform presentation.”

Rust-Oleum provides a limited lifetime warranty, but the lawsuit alleges the company knew its paint was defective and would deteriorate before the warranty expired.

The plaintiffs are seeking class status for those that purchased Rust-Oleum's paint products and $5 million in damages plus court costs. They are represented by Richard Burke of Quantum Legal, LLC, in St. Louis and Jonathan Shub of Seeger Weiss, LLP, of Philadelphia.

United States District Court Southern District of Illinois case number 1:15-cv-01497

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