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
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.
American Tort Reform Association (ATRA) believes many class action suits
are concocted by aggressive lawyers who target specific industries with deep
“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
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
McKinney believes today's consumer protection laws invite so-called "no-injury" class actions.
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.