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Business

The Deposition

In common parlance, a deposition is a sworn pretrial statement normally taken by an opposing party in litigation. The transcript of questions and answers can be used to cross-examine witnesses at a later trial or as independent trial evidence, under the right circumstances. As depositions have…

Changing the Rules

On Oct. 23, 2015, the U.S. Environmental Protection Agency released the final version of the “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electrical Generation Units” 80 Fed. Reg. 64,662, also known as the “Clean Power Plan.” The CPP’s unwieldy official title only hints…

Manufacturing a Class Action

Class action litigation has become a reality of the fenestration industry. These attacks come in many forms including those directed at a common method of assembly or fabrication practices—that is, a manufacturing defect. This is an important legal reality that window and door companies need to…

The New Direction: Environmental Product Declarations

A new Window Product Category Rule was recently created through the joint effort of the American Architectural Manufacturers Association, Insulating Glass Manufacturers Alliance, Glass Association of North America and Window and Door Manufacturers Association. This PCR is the guide for developing…

Working with Window Lawyers

Every significant business has a multi-layered intersection with the risk inherent in the American legal system—product manufacturers and resellers especially. From the product perspective, lawyers who manage the risk at these layers require a knowledgeable connection between established legal…

Windows as an Element of Building Design

It is better to understand the business you are in by recognizing the business you are not in. This premise will be helpful as we look at how to avoid claims based upon product selection. Such claims include allegations of unsuitability for site conditions, deviation from project specifications…

Energy Star Program Integrity Act Aims to Prevent Litigation

Whirlpool Corp. took action and successfully made its case to U.S. Representatives Bob Latta (R-OH) and Peter Welch (D-VT) that a manufacturer of Energy Star products is entitled to protection from private claims or rights of action under state or federal law relating to liability arising out of…