Nancy Crist Jul. 12, 2016, 9:49am


NEW YORK (Legal Newsline) — A class action lawsuit alleging the Spalding Neverflat basketball does not perform as advertised is cited by a national civil justice reform organization as an example of the abuse it is fighting to change.

Jaish Markos of Dutchess County filed a suit in U.S. District Court for the Southern District of New York against Russell Brands LLC, maker of the Spalding Neverflat basketball. The complaint alleges the company made false claims about its product in marketing and labeling that claimed the basketball will stay inflated for 12 months. 

Markos claims his Neverflat basketball did not stay inflated for the guaranteed amount of time.

The American Tort Reform Association (ATRA) believes many class action suits are concocted by aggressive lawyers who target specific industries with deep pockets.

 “That’s how you get a class action suit against Subway alleging its foot-long sandwich isn’t quite (12 inches),” Darren McKinney, ATRA spokesman, told Legal Newsline.

There are many judges in America “all too willing” to hear class action cases like the Subway lawsuit rather than dismiss them, McKinney said.

“There are some no-nonsense judges who will grant summary judgment for defendants in such meritless lawsuits, but they tend to be in the minority,” McKinney said. “But many judges come from the ranks of plaintiff attorneys, and they never met a lawsuit they didn’t like.”

McKinney believes today's consumer protection laws invite so-called "no-injury" class actions.

“It’s a rare judge that will say ‘get it out of here’ when an unfounded lawsuit comes to their courtroom," he claims.

Once a class action suit is filed, a judge must rule that the class is certifiable in order for the case to proceed as a class action. Most defendants will settle out of court, with no admission of guilt, because the settlement costs less than a trial.

“Sellers of goods and services pass on all litigation costs to their customers, so these so-called consumer protection lawsuits really end up hurting most consumers while trial lawyers get rich,” McKinney said.

 

 

Organizations in this Story

American Tort Reform Association
1101 Connecticut Avenue Northwest
Washington, DC 20036

U.S. District Court for the Southern District of New York New York Division
500 Pearl Street
New York, NY 10007

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