Marvin Lumber and Cedar Company Marvin Windows of Tennessee, Inc. v. Ppg Industries, Inc., Third Party v. Elf Atochem North America, Inc., Third Party Minnesota, Amicus on Behalf Of
Docket: 99-1424
Court: Court of Appeals for the Third Circuit; November 6, 2000; Federal Appellate Court
The Eighth Circuit Court of Appeals decided on November 7, 2000, regarding the case involving Marvin Lumber and Cedar Company and Marvin Windows of Tennessee, Inc. as appellants against PPG Industries, Inc. as the defendant and third-party plaintiff. The court denied Marvin Lumber's petition for rehearing, with Judge Lay dissenting. Judge Lay's dissent argues that the majority opinion incorrectly follows precedent from *Regents of the University of Minnesota v. Chief Industries* rather than aligning with Minnesota Court of Appeals' ruling in *Jennie-O Foods, Inc. v. Safe-Glo Products*, which asserts that a merchant's status is not determined solely by specialized knowledge. Lay emphasizes that the majority's decision denies Marvin Lumber standing under Minnesota consumer protection statutes (Minn. Stat. 325D.13, 325F.67, and 325F.69) based on the now-overruled *Ly v. Nystrom*, which held that sophisticated merchants lacked protection under these statutes. Lay argues that the Minnesota Supreme Court's recent ruling in *Nystrom* explicitly permits merchants to seek remedies under the Consumer Fraud Act (CFA). He highlights that the court previously ruled in *Church of Nativity of Our Lord v. WatPro Inc.* that even entities considered sophisticated merchants could pursue actions under the CFA, emphasizing its broad applicability beyond individual consumers. The dissent contends that Marvin Lumber, while a merchant in the sale of wooden windows and doors, was a consumer when it purchased products from PPG, thus entitled to protections under the CFA. Lay concludes that the majority's decision conflicts with the legislative intent of the CFA and other related statutes, asserting that Marvin Lumber should be allowed to proceed with its claims.