every once in a while I scan PACER for interesting new softball-related lawsuits, and every once in a longer while I find something interesting. So here's something:
A purported class action filed in federal court in Santa Ana, California, last December 23, against the defunct Demarini (which apparently no longer exists as a corporate entity) and its corporate owner, Wilson (Merry Christmas, Demarini!), alleges that Demarini sold defective White Steel bats but refused to honor warranties in 2015. The named plaintiffs are Hiroyaki Oda and Corey Roth. Both claim that they purchased White Steels from authorized online dealers: Mr. Oda from hq4sports.com for $189.95 in May, 2015; Mr. Roth from amazon.com for $229.95 in January, 2015. Mr. Oda says his bat cracked the first time he used it; Mr. Roth says his bat lasted three games.
Mr. Oda lives in Santa Ana. Mr. Roth lives in Rancho Santa Margarita, and plays ball in Irvine. Does anyone know if these guys are board members?
The lawsuit says each plaintiff called Demarini customer service many times, presumably to obtain a RMA, but that Demarini said “that they would not refund his money, would not replace the bat with another White Steel and would not give him store credit with which to purchase another DeMarini Softball Bat.” I puzzled over this, since I cannot remember a lot of complaints about Demarini customer service on this website. Doesn't mean there haven't been any, but if this was really a major issue, I think I'd have heard about it here. Read carefully, that allegation doesn’t amount to much: bat companies don’t promise store credit, and given that the particular model they bought is discontinued, they can’t replace like with like exactly. But then I saw a footnote in the Complaint that suggests what really happened here: “DeMarini refuses to repair, replace provide store credit or refund the full retail price of the Softball Bats. Instead, in direct contravention of its warranty, DeMarini offers consumers non-comparable bats that are not designed or allowed to be used (i.e. are illegal) in Plaintiffs' softball leagues.” Talk about burying the lead. The complaint offers no further details on this allegation, which I personally find a little dubious. Since the White Steel is specifically marketed for single-wall leagues, I am skeptical that Demarini would offer bats that are not legal in single-wall leagues as warranty replacements. I’m not disparaging the plaintiffs’ lawyers – they seem like a real firm – but why put an important detail in a footnote? Which, by the way, Wilson denies.
The complaint also alleges, “upon information and belief,” that the bat barrel is not really made of steel, but of “a weaker metal with a higher rate of failure (crack, bend and flatten)” that enabled Demarini to charge a higher price. This, say the plaintiffs, was fraud. Well, technically, a violation of a California consumer protection law. Two comments. First, how you can make an allegation like that “upon information and belief,” relying purely on the subjective thoughts of two plaintiffs who are not alleged to have any expertise in metallurgy? Second, given the warranty policy, and the success of the bat, it would not seem to be a cost-effective strategy for Demarini to engage in such chicanery, because they'd effectively be selling two bats for the price of one.
The complaint claims it is deceptive for Demarini to stamp “Oregon” on its bats, because the bats are actually manufactured somewhere else.
Somewhat amusingly, the complaint claims that Demarini’s fairly standard puffery that they are “insanely dedicated to quality” also amounts to fraud, as does their other puffery about their bats’ quality. And, the complaint alleges that the bats are defective and Demarini should have warned the public about this. Do I really need to explain on this board how silly this is? That’s why bats come with warranties. The complaint suggests, without any actual particularized factual allegations of danger, let alone injury, that the bats are somehow dangerous. All the complaint says is that “the potential for the Softball Bats to bend, flatten, and/or crack while playing softball undoubtedly presents a substantial danger to consumers.” An adverb (“undoubtedly”) is not a substitute for evidence, or even a plausible factual allegation. The lack of specifics makes such a claim incredible.
The lawsuit’s title is Oda v. Demarini Sports Inc., Case No. 8:15-cv-02131-JLS-JCG (the initials are those of the judge who will make substantive decisions and the magistrate who will decide more routine matters). Complaint is too long to upload as separate jpeg's (39 pp) but I can send as a searchable pdf to anyone who wants.
Oh and did I mention, the suit seeks class action status on behalf of all similarly situated people (everyone in the entire country who bought a White Steel during the “Class Period,” which the complaint apparently intended to define but then does not due to typo in paragraph 51(a)), and seeks damages of at least $5 million.
A purported class action filed in federal court in Santa Ana, California, last December 23, against the defunct Demarini (which apparently no longer exists as a corporate entity) and its corporate owner, Wilson (Merry Christmas, Demarini!), alleges that Demarini sold defective White Steel bats but refused to honor warranties in 2015. The named plaintiffs are Hiroyaki Oda and Corey Roth. Both claim that they purchased White Steels from authorized online dealers: Mr. Oda from hq4sports.com for $189.95 in May, 2015; Mr. Roth from amazon.com for $229.95 in January, 2015. Mr. Oda says his bat cracked the first time he used it; Mr. Roth says his bat lasted three games.
Mr. Oda lives in Santa Ana. Mr. Roth lives in Rancho Santa Margarita, and plays ball in Irvine. Does anyone know if these guys are board members?
The lawsuit says each plaintiff called Demarini customer service many times, presumably to obtain a RMA, but that Demarini said “that they would not refund his money, would not replace the bat with another White Steel and would not give him store credit with which to purchase another DeMarini Softball Bat.” I puzzled over this, since I cannot remember a lot of complaints about Demarini customer service on this website. Doesn't mean there haven't been any, but if this was really a major issue, I think I'd have heard about it here. Read carefully, that allegation doesn’t amount to much: bat companies don’t promise store credit, and given that the particular model they bought is discontinued, they can’t replace like with like exactly. But then I saw a footnote in the Complaint that suggests what really happened here: “DeMarini refuses to repair, replace provide store credit or refund the full retail price of the Softball Bats. Instead, in direct contravention of its warranty, DeMarini offers consumers non-comparable bats that are not designed or allowed to be used (i.e. are illegal) in Plaintiffs' softball leagues.” Talk about burying the lead. The complaint offers no further details on this allegation, which I personally find a little dubious. Since the White Steel is specifically marketed for single-wall leagues, I am skeptical that Demarini would offer bats that are not legal in single-wall leagues as warranty replacements. I’m not disparaging the plaintiffs’ lawyers – they seem like a real firm – but why put an important detail in a footnote? Which, by the way, Wilson denies.
The complaint also alleges, “upon information and belief,” that the bat barrel is not really made of steel, but of “a weaker metal with a higher rate of failure (crack, bend and flatten)” that enabled Demarini to charge a higher price. This, say the plaintiffs, was fraud. Well, technically, a violation of a California consumer protection law. Two comments. First, how you can make an allegation like that “upon information and belief,” relying purely on the subjective thoughts of two plaintiffs who are not alleged to have any expertise in metallurgy? Second, given the warranty policy, and the success of the bat, it would not seem to be a cost-effective strategy for Demarini to engage in such chicanery, because they'd effectively be selling two bats for the price of one.
The complaint claims it is deceptive for Demarini to stamp “Oregon” on its bats, because the bats are actually manufactured somewhere else.
Somewhat amusingly, the complaint claims that Demarini’s fairly standard puffery that they are “insanely dedicated to quality” also amounts to fraud, as does their other puffery about their bats’ quality. And, the complaint alleges that the bats are defective and Demarini should have warned the public about this. Do I really need to explain on this board how silly this is? That’s why bats come with warranties. The complaint suggests, without any actual particularized factual allegations of danger, let alone injury, that the bats are somehow dangerous. All the complaint says is that “the potential for the Softball Bats to bend, flatten, and/or crack while playing softball undoubtedly presents a substantial danger to consumers.” An adverb (“undoubtedly”) is not a substitute for evidence, or even a plausible factual allegation. The lack of specifics makes such a claim incredible.
The lawsuit’s title is Oda v. Demarini Sports Inc., Case No. 8:15-cv-02131-JLS-JCG (the initials are those of the judge who will make substantive decisions and the magistrate who will decide more routine matters). Complaint is too long to upload as separate jpeg's (39 pp) but I can send as a searchable pdf to anyone who wants.
Oh and did I mention, the suit seeks class action status on behalf of all similarly situated people (everyone in the entire country who bought a White Steel during the “Class Period,” which the complaint apparently intended to define but then does not due to typo in paragraph 51(a)), and seeks damages of at least $5 million.
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