Jack Hammer
Contributor
Sounds frivolous to me
Class action lawsuit filed against Aqua Lung
- Thread starter johnmckenzie
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Dr. Lecter
Contributor
I'm sure they are - the more plaintiffs they can gin up, the bigger slice of any class settlement they can try and claim. The plaintiffs will, at best, get an all expenses paid trip to a major city for their deposition by a midlevel associate... and maybe a voucher for some % off a new Suunto!
Years ago I was notified that I was part of a certified class that had shopped at a Ralph Lauren outlet store over a five year period. (Shockingly, the merchandise in such stores is actualy a lower-tier version of their regular products... not just XXXL sizes and ugly stuff that didn't sell well.)
The suit was settled for something like $20MM. Me? I got a voucher good for $25 off $100 purchase at a Ralph Lauren "Factory Store" -- which was the new name post-suit settlement, because "outlet" was deemed misleading.
So the law firm netted about $7MM and the class plaintiffs got, essentially, nothing.
Scared Silly
Contributor
The butter for the popcorn: Huish Outdoors and Suunto join forces in the U.S. - DiveNewswire
Another link noted upstream: Huntzinger v Aqualung America Inc. | ScubaGadget – Scuba News Service
OP
The Federal Judge in the case denied Aqua Lung's bid to dismiss that case: Judge Denies Dismissal for Aqua Lung Lawsuit – ScubaGadget – Scuba News Service
I will join for "popcorn". Only in the US, can this happen 
. US lawyers are making fortunes, customers are getting peanuts. At least I will have popcorn 
In another thread, people were wondering why the German Computor company was not selling their excellent OSTC Teck device in the US. When you see this, you understand easily that you better think twice before you do anything is the US.
that reminds me that many years ago we were selling "better" and more "innovative" medical devices in Europe compared to the US. We were, believe it or not, a US based company. But liability was such an issue in the US that the FDA was taking unbelievable steps and time before granting approval. Bad or good, I don't know
. US lawyers are making fortunes, customers are getting peanuts. At least I will have popcorn In another thread, people were wondering why the German Computor company was not selling their excellent OSTC Teck device in the US. When you see this, you understand easily that you better think twice before you do anything is the US.
that reminds me that many years ago we were selling "better" and more "innovative" medical devices in Europe compared to the US. We were, believe it or not, a US based company. But liability was such an issue in the US that the FDA was taking unbelievable steps and time before granting approval
. Bad or good, I don't know
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Interesting that:
Aqualung only distributes (i.e. does not manufacture), to authorized dealers, Suunto computers in the US
The plaintiff bought his computer from Leisurepro... which is not an authorized Suunto dealer
Plaintiff sues Aqualung instead of suing Suunto or Leisurepro.
It doesn't seem that Aqualung had anything to do with how the plaintiff obtained his Suunto computer, but the plaintiff's attorneys appear to be arguing that Aqualung needs to be sued because they distribute computers (authorized by the manufacturer) similar to the one the plaintiff bought from Leisurepro.
Have to agree with freewillow: only in America does this case get to proceed.
Aqualung only distributes (i.e. does not manufacture), to authorized dealers, Suunto computers in the US
The plaintiff bought his computer from Leisurepro... which is not an authorized Suunto dealer
Plaintiff sues Aqualung instead of suing Suunto or Leisurepro.
It doesn't seem that Aqualung had anything to do with how the plaintiff obtained his Suunto computer, but the plaintiff's attorneys appear to be arguing that Aqualung needs to be sued because they distribute computers (authorized by the manufacturer) similar to the one the plaintiff bought from Leisurepro.
Have to agree with freewillow: only in America does this case get to proceed.
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edwants2dive
Glowstick
As others have said "only in America".
I've had 4 Suunto's since 1992.
The first unit I sold on, the second I'm still using, the third had a sensor failure (computers don't like travelling in the hold
), the fourth I've just flooded: (.
Can't complain, they've all been to depths in excess of 50m, the deepest 85m.
Gareth
I've had 4 Suunto's since 1992.
The first unit I sold on, the second I'm still using, the third had a sensor failure (computers don't like travelling in the hold
), the fourth I've just flooded: (.Can't complain, they've all been to depths in excess of 50m, the deepest 85m.
Gareth
It's pretty clear why Aqualung is a party to the suit. It's a class action suit. And they tried to get it dismissed on the basis that the plaintiff didn't get his computer from AL. Judge denied this apparently on the basis of the class.
The judge did dismiss the "implied warranty" that the plaintiff tried to pin on AL since the plaintiff didn't get the computer through an AL dealer.
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