Anne Bucher  |  October 7, 2016

Category: Closed Class Actions

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Lacrosse helmet class action

A settlement has been reached in a class action lawsuit alleging Performance Lacrosse Group Inc. (PLG) misrepresented that Cascade R lacrosse helmets were in compliance with certain safety standards.

If you purchased a new Cascade R lacrosse helmet between July 1, 2013 and Nov. 20, 2014, you may be entitled to compensation from the lacrosse helmet class action settlement.

According to the Cascade R class action lawsuit, which was filed on Mar. 28, 2016, Performance Lacrosse Group misrepresented that the Cascade R lacrosse helmets were compliant with standards established by the National Operating Committee on Standards for Athletic Equipment (NOCSAE).

Specifically, the helmets were advertised as being compliant with Standard ND-041.

The plaintiffs assert that the Cascade R helmets did not actually comply with Standard ND-041, and that they sustained economic damages as a result. They claim that they were no longer able to use the Cascade R helmet in lacrosse games because the helmet’s NOCSAE certification had been voided.

The PLG class action lawsuit points to the logo posted on Cascade R lacrosse helmets indicating that the helmet “Meets NOCSAE Standard.”

However, the NOCSAE determined that Cascade R lacrosse helmets failed to meet the standard. The plaintiffs claim they would not have purchased the helmets if they had known they did not meet the NOCSAE standard.

Performance Lacrosse Group denies the allegations but has agreed to settle the lacrosse helmet class action lawsuit to avoid the expense and uncertainty associated with ongoing litigation.

Under the terms of the lacrosse helmet settlement, PLG has agreed to implement a return and retrofit program to modify the helmets free of charge to ensure they comply with NOCSAE’s standards. PLG will also provide eligible Class Members with vouchers for the purchase of Cascade products.

The Cascade R lacrosse helmet class action settlement was preliminarily approved on May 6, 2016.

Who’s Eligible

Class Members of the lacrosse helmet settlement include: “All persons throughout the United States who purchased a new Cascade R lacrosse helmet between July 1, 2013 and November 20, 2014, and who did not resell it.”

The court has also certified two subclasses: a Retrofit Sub-Class and a Non-Retrofit Sub-Class (see below for definitions).

Retrofit Sub-Class: includes Class Members who have registered with PLG and had the retrofit performed by PLG pursuant to the R-M Retrofit Program by the settlement’s final approval date.

Non-Retrofit Sub-Class: includes Class Members who did not have the retrofit performed by PLG pursuant to the R-M Retrofit Program by the settlement’s final approval date.

Potential Award

$10 or $35 vouchers for the purchase of Cascade products.

Members of the Retrofit Sub-Class will receive a $10 voucher for the purchase of Cascade products. Members of the Non-Retrofit Sub-Class will receive a $35 voucher, as long as they register with the PLG R-M Retrofit Program and supply PLG with the serial number of the Cascade R helmet.

Proof of Purchase

Members of the Non-Retrofit Sub-Class must provide the serial number of their Cascade R helmet and register with the PLG R-M Retrofit Program. They must submit a Claim Form in order to receive their $35 voucher.

NOTE: Retrofit Sub-Class Members do not need to file a claim for the lacrosse helmet settlement, as they will automatically receive their $10 vouchers via email.

Claim Form

CLICK HERE TO FILE A CLAIM (PDF) »

Claim Form Deadline

12/31/2016

Case Name

Lindsay Held and Matthew Hemberger, et al. v. Performance Lacrosse Group Inc., Case No. 3:14-cv-01842-WIG, in the U.S. District Court for the District of Connecticut

Final Hearing

10/20/2016

Settlement Website

www.PLGSettlement.com

Claims Administrator

Held v. PLG
c/o Heffler Claims Group
P.O. Box 58340
Philadelphia, PA 19102-8340

Class Counsel

Jeffrey I. Carton
DENLEA & CARTON LLP

Joseph G. Sauder
MCCUNEWRIGHT LLP

Benjamin F. Johns
CHIMICLES & TIKELLIS LLP

Defense Counsel

Terri S. Reiskin
DYKEMA GOSSETT PLLC

Kevin M. Smith
WIGGIN AND DANA LLP

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