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GINES v. D.R. HORTON, INC.

No. 12-30183.

699 F.3d 812 (2012)

Mike GINES, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. D.R. HORTON, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 2012.

Attorney(s) appearing for the Case

Phillip W. Preis (argued), Crystal DiBenedetto Burkhalter , Charles Malcolm Gordon, Jr., Caroline Preis Graham , Charles Matthew Thompson , Preis Gordon, A.P.L.C., Baton Rouge, LA, for Plaintiff-Appellant.

Erick Yukihiko Miyagi (argued), Taylor, Porter, Brooks & Phillips, L.L.P., Baton Rouge, LA, for Defendant-Appellee.

Before KING, SMITH and BARKSDALE, Circuit Judges.

KING, Circuit Judge:

This case concerns the remedy under Louisiana law for the purchaser of a newly constructed home with a construction defect that has not resulted in actual physical damage to the home. We are presented with two questions. First, we are asked to decide whether the Louisiana New Home Warranty Act provides the exclusive remedy against a builder for a purchaser of a newly constructed home with a construction defect. Second, we are asked to decide whether...

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