NEW YORK (Legal Newsline) – A class-action lawsuit has been filed against the makers of a basketball alleging it loses air pressure and is falsely advertised.
Jaish Markos filed a complaint on behalf of all others similarly situated on June 10 in the U.S. District Court for the Southern District of New York against Russell Brands LLC alleging violation of New York business law and other counts.
According to the complaint, the plaintiff alleges that he was deceived into purchasing a basketball that was advertised as NEVERFLAT. The plaintiff holds Russell Brands LLC responsible because the defendant allegedly made false claims about the marketing and labeling of its products. The suit states that the defendant used the term NEVERFLAT on its basketballs and advertises that they are guaranteed to stay fully inflated for at least one year, but upon testing the basketballs allegedly significantly lost air pressure over the course of 12 months.
The plaintiff requests a trial by jury and seeks preliminary and injunctive relief against the defendant, monetary damages, treble damages, punitive damages, all court costs and any further relief the court grants. He is represented by Jason P. Sultzer and Joseph Lipari of The Sultzer Law Group PC in Poughkeepsie, New York; Michael R. Reese of Reese LLP in New York and Melissa W. Wolchansky of Halunen Law in Minneapolis, Minnesota.
U.S. District Court for the Southern District of New York Case number 7:16-cv-04362-CS