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Point Blank Bulletproof Vest Class Action Lawsuit Overview:
- Who: Police associations, including the Ohio State Troopers Association, are appealing the dismissal of a class action lawsuit filed against Point Blank Enterprises Inc.
- Why: Plaintiffs argue a class action lawsuit alleging Point Blank manufacture bulletproof vests with a design defect should be revived.
- Where: The class action lawsuit is being heard in the U.S. Court of Appeals for the Eleventh Circuit.
Police associations and officers alleging Point Blank Enterprises Inc. manufactures bulletproof vests with a design defect which cause them to fall apart are asking the Eleventh Circuit to bring back a class action lawsuit they filed against the company.
The class action lawsuit consolidated claims made by the Ohio State Troopers Association with the International Union of Police Associations, three members of the Ohio State Highway Patrol, and a California police officer who made claims about a similar vest.
Plaintiffs say the trial court made multiple legal errors when it declined to grant them Class certification for their claims centered around Point Blank’s bulletproof vests containing its “Self-Suspending Ballistic System (SSBS).”
Plaintiffs claim the straps on the SSBS vests can detach unexpectedly since, instead of being properly connected to the outer carrier garment, they are attached directly to ballistics panels on the vest with defective Velcro or other hook and loop connections.
When dismissing the class action lawsuit in August, Miami-based U.S. District Judge Rodolfo Ruiz ruled that, among other things, evidence showed the defect was not present on the SSBS vests at the time of purchase and, rather, occurred as a result of misuse.
Plaintiffs argue Ruiz was incorrect in his further ruling that the Class was not ascertainable, that there would be an issue with the fact not every Class Member had personally experienced a vest failure, and that the California officer had no standing to represent a Class of individuals with “practically identical” vests.
Plaintiffs were also at odds with Ruiz refusing to certify an injunctive Class, claiming that is all they were seeking, and not monetary damages.
Counsel for Point Blank said Ruiz’s decision to dismiss the class action lawsuit should be “applauded not reversed,” Law360 reports.
Plaintiffs had been seeking to certify four Classes, including a breach of warranty Class for individuals in several states who personally purchased the vests, a Class for plaintiffs making claims under the Florida Deceptive and Unfair Trade Practices Act, a breach of warranty Class for California plaintiffs, and a Class of California plaintiffs claiming fraudulent inducement and alleging California state law violations.
Have you worn a bulletproof vest manufactured by Point Blank that has experienced a malfunction? Let us know in the comments!
The plaintiffs are represented by Darren Summerville, Maxwell K. Thelen and Meredith C. Kincaid of The Summerville Firm LLC, David M. Cohen of Complex Law Group LLC, and Michael W. Moskowitz of Moskowitz Mandell Salim & Simowitz.
The Point Blank Bulletproof Vest Class Action Lawsuit is Ohio State Troopers Association Inc., et al. v. Point Blank Enterprises Inc., Case No. 20-13588, in the U.S. Court of Appeals for the Eleventh Circuit.
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2 thoughts onClass Action Lawsuit Alleging Point Blank Manufactured Defective Bulletproof Vests Should Be Revived, Say Police Associations
Admit me, please !! Bravo Infantry.
Add me if eligible. I was in the military. Not sure if they were our vendor.