Aqua Lung computer class action lawsuit

[Scared Silly]

I don't get that at all. Suunto is 98.7% owned by Amer Sports - a Finnish sports conglomerate. Amer Sports - Amer Sports

So I don't get the point of suing Aqualung since all they do is distribute Suunto in the U.S.

The point of suing AquaLung is that they are the American representative for Suunto in the USA. So unless the plaintiffs have a lawyer in Finland their complaint is going no where. Depending on the merits it may well no where in the USA.

 

[Lorenzoid]

The point of suing AquaLung is that they are the American representative for Suunto in the USA. So unless the plaintiffs have a lawyer in Finland their complaint is going no where. Depending on the merits it may well no where in the USA.

Are you speaking from actual knowledge or just guessing? I'm a lawyer, but I don't have anything to do with products liability, and I have no knowledge to add here. For all I know, a products liability lawsuit can be successfully brought against an exclusive US distributor instead of the foreign manufacturer. If you have some knowledge, then please share more.

 

[Scared Silly]

Are you speaking from actual knowledge or just guessing? I'm a lawyer, but I don't have anything to do with products liability, and I have no knowledge to add here. For all I know, a products liability lawsuit can be successfully brought against an exclusive US distributor instead of the foreign manufacturer. If you have some knowledge, then please share more.

No actual knowledge, but a good example is the Chinese Drywall fiasco, the sellers, distributors, and manufacturers all got sued.

 

[johnmckenzie]

ScubaGadget just published an update with a link to the full complaint at Huntzinger v Aqualung America Inc. | ScubaGadget – Scuba News Service

 

[Lopez116]

Are you speaking from actual knowledge or just guessing? I'm a lawyer, but I don't have anything to do with products liability, and I have no knowledge to add here. For all I know, a products liability lawsuit can be successfully brought against an exclusive US distributor instead of the foreign manufacturer. If you have some knowledge, then please share more.

In CA, the distributor, manufacturer, and seller are all liable. You can sue either or all of them.

 

[geoff w]

And now, there's this: Huish Outdoors and Suunto join forces in the U.S. - DiveNewswire

 

[kelemvor]

Does anyone have access to pacermonitor.com or similar? I'm curious what's going on with the case.

I did find a copy of the complaint document Here: http://sumnermckenzie.com/trasfer/HuntzingerV_AquaLungUSA.pdf

24. Since as at least 2005, Aqua Lung has received Dive Computers for repair from consumers who experienced permanent malfunction of the dive computer due to the defective software and/or hardware. When a permanent malfunction occurs, the Dive Computers report incorrect depths, “self-dive” or indicate that a dive is occurring when no dive is in fact occurring, report incorrect air time remaining, and/or report incorrect air tank pressure. All of these malfunctions are the result of defective software and/or hardware in the Dive Computers.

I thought it was interesting that the complaint is indeed based in part on scubaboard posts specifically:

25.Several online message boards related to scuba diving catalog the manifestations of the common defect. On one message board, ScubaBoard - Scuba Diving Forum - Diving Social Network - ScubaBoard Home, a consumer complains that his Dive Computer has an error code and he inquires about how to get rid of the error. A person referring to himself as “Chris from Suunto” replies, “The ‘permanent’ error mode that was spoke of in the post...is due to a computer malfunction within the pressure sensor circuit. The computer thinks it is continuously diving and [displays] erroneous depths for hours on end. If this error occurs there is no way to clear it from the computer. The fault will stay within the memory in the computer even after the battery is removed. This is an unrepairable fault and the unit would need to be replaced.”1 Numerous similar complaints have been made by consumers regarding the Dive Computers.

 

[Cert1967]

Case 3:15-cv-01146

View attachment 20 show_temp.pl-2.pdfView attachment 11-1.pdfView attachment 07-main.pdfView attachment 07-3.pdfView attachment 07-2.pdfView attachment 07-1.pdfView attachment 07-10.pdfView attachment 07-9.pdfView attachment 07-8.pdfView attachment 07-7.pdfView attachment 07-6.pdfView attachment 07-5.pdfView attachment 07-4.pdfView attachment 17 show_temp.pl.pdfView attachment 11-main.pdf

Does anyone have access to pacermonitor.com or similar? I'm curious what's going on with the case.

I did find a copy of the complaint document Here: http://sumnermckenzie.com/trasfer/HuntzingerV_AquaLungUSA.pdf


I thought it was interesting that the complaint is indeed based in part on scubaboard posts specifically:

You can go to
https://www.pacer.gov
register and depending on how much you want to view the cost is either free or inexpensive.

The case history as of the morning is

[SIZE=+1]3:15-cv-01146-WQH-KSC[/SIZE] Huntzinger v. Aqua Lung America, Inc.
William Q. Hayes, presiding
Karen S. Crawford, referral
Date filed: 05/21/2015
Date of last filing: 09/22/2015

History

Doc. No.	Dates	Description
[TABLE="width: 100%"] [TR] [TD]Filed & Entered:

[TD="align: center"] 1 [/TD]

[TD="align: right"]05/21/2015[/TD]

[/TD]
[TD]

Complaint[/TD]
[/TR]
[TR]
[TD="align: center"]2[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]05/21/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Summons Issued[/TD]
[/TR]
[TR]
[TD="align: center"]3[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]06/01/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Summons Returned Executed[/TD]
[/TR]
[TR]
[TD="align: center"]4[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]06/02/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Summons Returned Executed[/TD]
[/TR]
[TR]
[TD="align: center"]5[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]07/07/2015[/TD]
[/TR]
[TR]
[TD]Terminated: [/TD]
[TD="align: right"]07/10/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Motion for Extension of Time to File Answer[/TD]
[/TR]
[TR]
[TD="align: center"]6[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]07/10/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Order on Motion for Extension of Time to Answer[/TD]
[/TR]
[TR]
[TD="align: center"]7[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]07/10/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Motion to Dismiss for Failure to State a Claim[/TD]
[/TR]
[TR]
[TD="align: center"]8[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]07/30/2015[/TD]
[/TR]
[TR]
[TD]Terminated: [/TD]
[TD="align: right"]08/04/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Motion for Extension of Time to File Response/Reply[/TD]
[/TR]
[TR]
[TD="align: center"]9[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed: [/TD]
[TD="align: right"]08/04/2015[/TD]
[/TR]
[TR]
[TD]Entered: [/TD]
[TD="align: right"]08/05/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Order[/TD]
[/TR]
[TR]
[TD="align: center"]10[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/17/2015[/TD]
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[/TABLE]
[/TD]
[TD]

Response in Opposition to Motion[/TD]
[/TR]
[TR]
[TD="align: center"]11[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/17/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Motion to Strike[/TD]
[/TR]
[TR]
[TD="align: center"]12[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/18/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Request to Appear Pro Hac Vice[/TD]
[/TR]
[TR]
[TD="align: center"]13[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/19/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Request to Appear Pro Hac Vice[/TD]
[/TR]
[TR]
[TD="align: center"]14[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/20/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Pro Hac Vice Approved - Clerk[/TD]
[/TR]
[TR]
[TD="align: center"]15[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/20/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Request to Appear Pro Hac Vice[/TD]
[/TR]
[TR]
[TD="align: center"]16[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/21/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Pro Hac Vice Approved - Clerk[/TD]
[/TR]
[TR]
[TD="align: center"]17[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/28/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Response in Opposition to Motion[/TD]
[/TR]
[TR]
[TD="align: center"]18[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/28/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Reply to Response to Motion[/TD]
[/TR]
[TR]
[TD="align: center"]19[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]08/28/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Motion for Leave to File Excess Pages[/TD]
[/TR]
[TR]
[TD="align: center"]20[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]09/08/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Reply to Response to Motion[/TD]
[/TR]
[TR]
[TD="align: center"]21[/TD]
[TD][TABLE="width: 100%"]
[TR]
[TD]Filed & Entered: [/TD]
[TD="align: right"]09/22/2015[/TD]
[/TR]
[/TABLE]
[/TD]
[TD]

Notice (Other)[/TD]
[/TR]
[/TABLE]

 

[Ted55]

I recently purchased a near mint Suunto Cobra as part of a large diving lot on eBay. It has a depth sensor problem, it doesn't register depth at all. Everything else works, pressure, planning etc. Researching the problem I learned that this is a widespread problem, just mention the word Cobra to an Aqualung dealer and they bow their heads and say sorry. I'm not the original owner and I'm sure it's out of warranty so I'm out of luck. If the defect is as common as the Internet indicates, it shows Suunto is not being responsible and has poor customer support. Too bad, I owned an Eon and was looking forward to using the newer Cobra.

 

[abyss_scuba]

Ted55, the problem you speak of has happened to several different computers from several different manufactures and why I temm people who want to buy on the internet, buyer beware. Why not go back to the seller and demand a refund? I sell the cobra and my customers have had no problems, sometimes it is just the luck of the draw.