Marvin Windows and Doors, based in Warroad, MN, alleged that PPG's PILT wood preservative failed to prevent rot in its wood windows manufactured during the late 1980s. The jury award followed a trial in St. Paul, MN. PPG has maintained that its PILT preservative is not defective, citing the fact that the product has been in use 20 years.
The original suit was filed in April 1994. A district judge dismissed the case in 1999, and Marvin appealed the ruling. The Eighth Circuit U.S. Court of Appeals dismissed 12 of 13 claims, including fraud. The appeals court, however, allowed Marvin to move forward with a jury trial on a breach-of-warranty claim.