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Insurers attempting to slip out of paying damages in a false advertising class action lawsuit over heavy baseball bats sold by Rawlings Sporting Goods struck out. A California federal judge ruled that the consumers’ claims are covered by the sporting company’s insurance policy and the antitrust exclusion doesn’t apply here.
Class Action Lawsuit Teed Up Over Overweight Bats
In 2018, Plaintiff Richard Sotelo filed a class action lawsuit against Major League Baseball owned Rawlings Sporting Goods Co. Inc., alleging that the company’s children’s baseball bats are two to three ounces heavier than the package claims. In addition to affecting performance, the bats present a safety risk allegedly rendering the equipment unusable.
In early 2020, a California federal judge was asked to certify a Class of California baseball bat buyers who say they were financially injured by Rawlings Sporting Goods’ mislabeling of its baseball bats.
For its part, Rawlings has argued for dismissal of the case, claiming that it did not make the misleading statements directly.
Insurers Try to Dodge Class Action Lawsuit Coverage
Recently, Rawlings Sporting Goods’ insurer, Starr Indemnity & Liability Co., lost a bid to escape having to cover damages in the class action lawsuit over the allegedly overweight baseball bats.
Two of the company’s insurers were trying to get out of paying for claims in the class action lawsuit, arguing that the policies only cover actual physical injuries caused by the bats. The other insurance company, James River Insurance Co., sought a statement from the court indicating as such; however, it appears that their arguments are unpersuasive.
“It would be a strange result if an innocuously titled ‘Anti-Trust Exclusion’ could vitiate half of a policy’s coverage designed to protect (both the company and its directors and officers) against claims arising out of misleading statements or omissions,” stated a California federal judge in the recent ruling.
Have you purchased a children’s or youth baseball bat made by Rawlings Sporting Goods? Are you concerned about its weight? Tell us in the comment section below!
Lead plaintiff, Richard Sotelo, and the proposed Class Members are represented by David R. Shoop of Shoop PC, Janine Pollack and Michael Liskow of The Sultzer Law Group PC, Lee S. Shalov and Jason S. Giaimo of McLaughlin & Stern LLP and C. Mario Jaramillo of C. Mario Jaramillo PLLC.
The Rawlings Baseball Bat Weight Class Action Lawsuit is Richard Soleto v. Rawlings Sporting Goods Co. Inc., Case No. 2:18-cv-09166, in the U.S. District Court for the Central District of California.
Starr Indemnity & Liability Co. is represented by Andrew J. Waxler and Bruce T. Smyth of Kaufman Dolowich Voluck LLP.
James River Insurance Company is represented by Donna Victoria Louise LaBrie and Michael J. O’Neill of Nemecek & Cole.
The related Rowlings Sporting Goods Insurance Lawsuit is James River Insurance Co. v. Rawlings Sporting Goods Co. Inc., Case No. 2:19-cv-06658, in the U.S. District Court for the Central District of California.
Read About More Class Action Lawsuits & Class Action Settlements:
7 thoughts onRawlings Sporting Goods’ Insurers Can’t Slide Out of Baseball Bat Class Action Lawsuit
Please add me
Please add me
My children & grandchildren received them as gifts from my husband and myself, please add me
I have bought them several times throughout the years coaching
Add me please
Add me
Please include me in this . I coached softball and baseball for over 29 yrs