June 2013: A class-action lawsuit was filed against Home Depot regarding its “All-Plywood Upgrade” of cabinetry. The complaint alleges, among other things, that it had deceived consumers by marketing an “All-Plywood Upgrade,” implying that it contains no medium-density fiberboard (a low-cost softwood alternative to solid wood) when, according to plaintiffs, the “upgrade” did contain the cheaper, softer alternative, which can expand when exposed to water or moisture, as it would be in a kitchen. (Plaintiffs filed an amended complaint in September 2013.) (Rivera et al. v. The Home Depot, Inc. and American Woodmark Corp., Case No. 13-cv-03379, E.D.N.Y.).
When a complaint is dismissed with prejudice, it cannot be refiled.