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Case ID: 2923 | Consumer Products | 10/13/2005
A settlement has been reached in a class action that had been filed against Second Chance Body Armor, Inc. and its president and CEO, Richard C. Davis, on behalf of purchasers of Ultima and Ultimax bullet-proof vests manufactured by the company during the past five years. The materials used in the armor allegedly biodegrades so that the vests lose their protective qualities, violating state consumer protection and defective product laws. The action sought replacement of the defective gear with equivalent vests made with similar but nondefective materials, or compensatory damages equal to the purchase price of the vests.
The action alleged that, as early as 2000, Second Chance discovered that the Zylon material used in the vests was degrading after exposure to heat, humidity, light, wear, care and in-service flex. Second Chance allegedly failed to take prompt and adequate steps to notify purchasers of the defects and continued to sell the vests with knowledge that their representations and warranties concerning the performance characteristics were false. Second Chance has instituted a trade-in program that offers current owners of Ultima and Ultimax vests the possibility of trading in their current vest for a credit toward the purchase of a new vest that does not contain Zylon. This program does not provide the remedy that the class action is asking for, namely a cost-free replacement of the defective vests. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Consumer Products Cases of Interest The Illinois Supreme Court recently ruled that a lawsuit filed against Cingular Wireless can proceed as a class action. Micron Technology faces another class action lawsuit tied to alleged involvement in an supposed price-fixing scheme among memory chip makers between February 2001 and February 2003. The class action, which is the third of its kind involving price fixing, was filed on behalf of Micron shareholders in U.S. District Court in Idaho against Micron and certain of its officers and directors. The complaint alleges that Micron was engaged in a scheme to manipulate the price of DRAM between Feb. 24, 2001 and Feb. 13, 2003. Two Daytona Beach Community College students have sued Follett's, the nation's largest collegiate-bookstore chain and their school.
Under federal law, a consumer who receives unsolicited merchandise is entitled to keep it without paying for it. The parties have reached a tentative settlement in a class action against book publisher and marketer Oxmoor House, Inc. on behalf of all persons who allege that they were sent unsolicited books and charged for them, or charged for books that they did not receive, in violation of the federal Unordered Merchandise stature, and Florida's deceptive trade practices and unfair collections laws. The legal notice describing the class action does not state the deadline for filing claims under the settlement.
A national class action has been filed in Illinois against the General Motors Corporation and the Goodyear Tire and Rubber Company. The action is brought on behalf of all U.S. residents who purchased Chevrolet Corvette automobiles manufactured between 1994 and 2004. The Corvette owners claim that the Goodyear tires that came as standard equipment on their automobiles were defective because they allegedly failed at approximately 12,000 miles and were not covered under warranty. The Corvette owners claim that GM and Goodyear's conduct amounts to consumer fraud and fraud by omission and are seeking the replacement cost of the tires as well as damages for inconvenience and injunctive and declaratory relief.
The parties have reached a settlement apparently valued at $222,000 in a class action filed against Big Y Foods, Inc., on behalf of as many as 160,000 persons who alleged that the grocery chain wrongfully collected Connecticut state sales tax on prepared foods from them, in violation of Connecticut consumer protection laws. The persons eligible to take part in the settlement may contact the attorneys for the class or more information. |
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