Class Action Lawsuit on Lawnmower HP ratings - more lawyer BS??

[74-911]

Maybe I am missing something here but this seems totally ludicrous. I just received notification of a class action lawsuit against virtually every lawnmower and mower engine manufacturer there is. Essentially, if you purchased a lawn mower with an engine of 30 HP or less anytime since January 1, 1994 you could receive benefits. No safety issue or anything like that, just that the lawsuit claims defendants overstated the HP ratings. Read the details at: www.lawnmowerclass.com
Rather than fight, the manufacturers have all agreed to kick in $65M for cash settlements and additionally extending some warranties.
As you might expect, the legal firms have agreed to get only 1/3 of the settlement cash plus up to an additional $14M based on extended warranties. If I read all this correctly, they should make off with around $30-$35 Mil.
As to the settlement awards: up to $35 for a walk-behind mower, $75 for a riding mower.
WTF, no wonder this countries manufacturing base is going down the tubes..

[legion]

Air compressor makers were subject to a similar lawsuit a few years ago.

This is a case for a regulatory agency or an injunction. A class action is not the appropriate venue, as I doubt anyone suffered a loss because their mower labeled at 5 hp was really 4.

[m21sniper]

Truth in advertising is more than just a slogan.

If they lied and said a 5hp engine is 6hp, why should they get a free pass for lying to the public?

(I dont know the details, for all i know they didnt lie)

[gr8fl4porsche]

I submitted my claim this morning. Can't wait for my $75 !!

[Jagshund]

Originally Posted by m21sniper

Truth in advertising is more than just a slogan.
If they lied and said a 5hp engine is 6hp, why should they get a free pass for lying to the public?

I don't disagree that people should be held accountable for their claims, but our society has become entirely too litigious and overburdened with frivolous suits such as this. My wife just received ~$25 from an ipod settlement focused on collusion of some sort- from an ipod nano bought years ago. She still hasn't figured out what the case was about.

However, there's no perceivable way to prevent those in the legal profession from pursuing these cases without setting up some type of ridiculously complicated framework (likely trampling on their rights to practice) although there should be a more stringent test to apply before settlements reach into the millions. It's a shame attorneys have nothing a touch more noble to put their time towards like, say, keeping 8' fences out of Denver.

[m21sniper]

Based on my very limited understanding, i do not think it's a frivolous suit. What is INSANE, is the atty's fees.

[RWebb]

the Federal Court obviously did not think it was frivolous

I wonder if the attorney's fees include any of the penalties in class actions?

you can all add it to your list of tort reforms, I guess.

[Jagshund]

Originally Posted by RWebb

the Federal Court obviously did not think it was frivolous.

Never thought I'd see the words "Federal" and "think" in the same sentence! I don't think this one was too outrageous but the fees need to end. There's no way in he11 they spent as much time as they're billing here.

[URY914]

I always thought my 5 hp felt more like 4 hp.....

[Taz's Master]

Maybe if the mfg would just supply a Cold Air Intake, and/or a K&N filter the mowers would make the advertised hp?

[911pcars]

Sort of like a drug like Viagra or Cialis advertising a benefit. In this example, an erection e.g. 20 hours but instead only lasts 15. You'd want your money back and you'd want to do it with 40 million others who also came up short.

Sherwood

[Bill Verburg]

Originally Posted by URY914

I always thought my 5 hp felt more like 4 hp.....

Funny I thought the same about mine

[EarlyPorsche]

What about all the edgers and such? Why would a power washer not be included if it has one of those engines? Is it included?

[Racerbvd]

Originally Posted by Taz's Master

Maybe if the mfg would just supply a Cold Air Intake, and/or a K&N filter the mowers would make the advertised hp?

Or a little turbo

[lane912]

Originally Posted by m21sniper

Based on my very limited understanding, i do not think it's a frivolous suit. What is INSANE, is the atty's fees.

you think if one or two is reading this they would tell you-

[lane912]

Originally Posted by Racerbvd

Or a little turbo

always thought that would be fun.....
but with a mower cutting grass at high speed

[teenerted1]

Originally Posted by 74-911

Rather than fight, the manufacturers have all agreed to kick in $65M for cash settlements and additionally extending some warranties.
As you might expect, the legal firms have agreed to get only 1/3 of the settlement cash plus up to an additional $14M based on extended warranties. If I read all this correctly, they should make off with around $30-$35 Mil.
As to the settlement awards: up to $35 for a walk-behind mower, $75 for a riding mower.
WTF, no wonder this countries manufacturing base is going down the tubes..

what a crock

your math its a little off if all they are taking is one third though

$65m+14m=79m/.33=$26.07million

[Racerbvd]

Originally Posted by lane912

always thought that would be fun.....
but with a mower cutting grass at high speed

That is a Bar Stool a buddy of mine built, and I have been trying to to talk him out of this for years!!!

[RWebb]

Originally Posted by 1968Cayman

Never thought I'd see the words "Federal" and "think" in the same sentence! I don't think this one was too outrageous but the fees need to end. There's no way in he11 they spent as much time as they're billing here.

I am sure the Judge will be pleased to hear that.

there is a legal definition of the word frivolous and a federal judge will fine & sanction any lawyer who files such a motion.

now, if the fees request is too high, it will likely be cut down - or maybe it already was (in which case Congress needs to change that law)

[wdfifteen]

Originally Posted by legion

Air compressor makers were subject to a similar lawsuit a few years ago.

This is a case for a regulatory agency or an injunction. A class action is not the appropriate venue, as I doubt anyone suffered a loss because their mower labeled at 5 hp was really 4.

I agree, but can you see anyone creating a lawnmower truth-in-advertising law in the next 10 years?