Brennan-Centrella v. Ritz-Craft Corporation of Pennsylvania, 110519 FED2, 18-729-cv
|Party Name:||MARY BRENNAN-CENTRELLA, CARMINE CENTRELLA, Plaintiffs-Counter-Defendants-Appellees-Cross-Appellants, v. RITZ-CRAFT CORPORATION OF PENNSYLVANIA, Defendant-Cross-Claimant-Appellant-Cross-Appellee. |
|Attorney:||Appearing for Appellant: Stephanie E. DiVittore, Barley Snyder LLP (Matthew S. Borick, Downs Rachlin Martin PLLC, on the brief), Harrisburg, PA. Appearing for Appellees: Joshua L. Simonds, The Burlington Law Practice, PLLC (Kathryn G. Kent, Lewis Kent, LLP, on the brief), Burlington, VT.|
|Judge Panel:||Present: AMALYA L. KEARSE, RALPH K. WINTER, ROSEMARY S. POOLER, Circuit Judges.|
|Case Date:||November 05, 2019|
|Court:||United States Courts of Appeals, Court of Appeals for the Second Circuit|
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York on the 5th day of November, two thousand nineteen.
Appeal from the United States District Court for the District of Vermont (Conroy, M.J.).
Appearing for Appellant: Stephanie E. DiVittore, Barley Snyder LLP (Matthew S. Borick, Downs Rachlin Martin PLLC, on the brief), Harrisburg, PA.
Appearing for Appellees: Joshua L. Simonds, The Burlington Law Practice, PLLC (Kathryn G. Kent, Lewis Kent, LLP, on the brief), Burlington, VT.
Present: AMALYA L. KEARSE, RALPH K. WINTER, ROSEMARY S. POOLER, Circuit Judges.
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment and order of said District Court be and they hereby are AFFIRMED.
Ritz-Craft Corporation of Pennsylvania ("Ritz-Craft") appeals from a judgment after a jury trial entered on April 20, 2018, finding that Ritz-Craft violated the Vermont Consumer Protection Act ("VCPA") by making material misrepresentations to Mary Brennan-Centrella and Carmine Centrella regarding their purchase of a Ritz-Craft modular home. Ritz-Craft also appeals from the February 12, 2018, order of the District Court for the District of Vermont (Conroy, M.J.) denying Ritz-Craft's motion for judgment as a matter of law on the Centrellas' VCPA claim. The Centrellas cross-appeal the February 12, 2018, order of the district court denying their motion for prejudgment interest and the district court's oral order granting Ritz-Craft judgment as a matter of law as to their claim for exemplary damages. We address by separate opinion the Centrellas' cross-appeal of the district court's decision on prejudgment interest. The factual background of this case is described more fully in our companion opinion. We assume the parties' familiarity with the underlying facts, procedural history, and specification of issues for review.
Mary Brennan-Centrella and Carmine Centrella purchased a Ritz-Craft modular home from Mountain View, a Ritz-Craft-affiliated builder, to be built in Isle La Motte, Vermont. Prior to making a purchase, the Centrellas reviewed online materials regarding Ritz-Craft homes and took a tour of the Ritz-Craft factory where modular units were manufactured. The Centrellas testified that they concluded based on Ritz-Craft's representations that Ritz-Craft sold modular homes that would meet Vermont energy code and that Ritz-Craft would be involved in the entire process of constructing their modular home. Despite these impressions, after construction was finished, the Centrellas' home was riddled with problems. By way of example, if one turned on the heat downstairs, the upstairs of the home would be heated instead...
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