Lowe’s, Armstrong Move to Dismiss Toxic Flooring Class Action

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Lowe’s and Armstrong are seeking to dismiss a consumer class action lawsuit that accuses them of selling flooring that emits excessive amounts of formaldehyde.

Lowe’s Companies Inc. and Armstrong Flooring Inc. both filed separate motions to dismiss the toxic flooring class action lawsuit, which raises claims over certain Armstrong products sold by Lowe’s.

Plaintiffs Diane Pilkerton and William Woodworth claim these products emit formaldehyde fumes at well above the legally allowable level set by the California Air Resources Board, or CARB.

Lowe’s motion to dismiss takes issue with the plaintiffs’ claims to the extent they implicate Lowe’s for doing anything other than selling the product.

“Plaintiffs merely allege that Lowe’s sold them the product at issue. Nonetheless, Plaintiffs purport to assert five counts against Lowe’s,” the company said in its motion.

The home improvement retailer also argues the claim under the Florida Deceptive and Unfair Trade Practices Act should be dismissed because the plaintiffs failed to allege Lowe’s actually knew it was violating that law.

Lowe’s also says claims for breach of warranty should be dismissed because the plaintiffs failed to notify the store that the products weren’t what they were supposed to be and give Lowe’s a chance to fix the problem.

In its own motion to dismiss, Armstrong says the plaintiffs’ claims for fraud and misrepresentation should be dismissed because the plaintiffs did not claim they relied on the allegedly fraudulent statements.

Armstrong also argues Pilkerton and Woodworth have no standing to sue over any products other than the ones they actually bought – an argument that could attack their ability to bring claims on behalf of other consumers who purchased different products.

Some of the claims in the Lowe’s class action lawsuit should be dismissed because they seek a damage award for what is no more than an economic harm, without alleging personal injury or property damage, according to Armstrong’s motion.

Armstrong also raises technical arguments against the plaintiffs’ claims for breach of warranty under Florida law and the federal Magnuson-Moss Warranty Act.

The plaintiffs filed their Lowe’s class action lawsuit earlier this year. They allege that in 2014 they purchased Armstrong 12mm High Gloss Woodland Walnut Veneer laminate flooring from a Lowe’s in Spring Hill, Fla. They say they chose laminate flooring over other options like carpet to avoid aggravating Woodworth’s breathing problems.

But in 2016, they claim to have sent samples of the flooring they purchased to a lab for analysis. The results allegedly showed the flooring was emitting formaldehyde gas at levels exceeding CARB limits.

They seek to represent a nationwide Class and a Florida subclass of persons who purchased the same 12mm Woodland Walnut flooring or a sister product utilizing the same core, products that were manufactured by Armstrong and sold by Lowe’s and which the defendants represented as being CARB-compliant.

Representing Pilkerton and Woodworth are attorneys Anthony Garcia of AG Law and Andrew E. Brashier, Archie I. Grubb II, Clay Barnett III and W. Daniel Miles III of Beasley Allen Crow Methvin Portis & Miles PC.

The Lowe’s Toxic Flooring Class Action Lawsuit is Woodworth, et al. v. Armstrong World Industries Inc., et al., Case No. 8:16-cv-01121, in the U.S. District Court for the Middle District of Florida.