Wilson Sporting Goods Class Action Says Baseball Bats are Falsely Advertised

An Illinois parent says the Wilson DeMarini baseball bat he bought for his son was falsely advertised as meeting national sports organization standards.

Certain models of the Wilson DeMarini line of baseball bats are shipped with stickers that claim the bat meets standards set by the United States Specialty Sports Association, according to plaintiff Theodore Sheeley.

The USSSA sets regulations that govern the play of baseball games under its jurisdiction – regulations that include manufacturing standards for the equipment used in such games.

But Sheeley says the Wilson DeMarini bat he bought for his son doesn’t comply with those standards. He alleges Wilson has been pulling the wool over the eyes of young players and their parents across the country by falsely labeling these bats as USSSA- compliant so that purchasers will pay a premium price for them.

According to Sheeley, Wilson DeMarini bats have a reputation among players for being top-of-the-line baseball bats. With some models retailing for as much as $350 or more, Wilson DeMarini bats are some of the most expensive bats Wilson markets.

USSSA regulations apply to many local and national leagues, including youth leagues that provide playing opportunities to middle and high school age players, Sheeley says.

Sheeley’s own son plays baseball in a USSSA-governed league. Sheeley bought his son a Wilson DeMarini bat that was labeled with a silver sticker representing that the bat complied with USSSA regulations, he says.

But Sheeley claims that a recent analysis of some Wilson DeMarini bats revealed that they don’t actually satisfy USSSA standards. These bats therefore do not qualify for use in games that are governed by USSSA regulations, Sheeley claims.

The bats in question have been officially withdrawn from USSSA –governed games, Sheeley says. Wilson itself announced the withdrawal based on the results of a youth baseball bat audit for USSSA.

Even though these bats have been excluded from USSSA games, Sheeley says, Wilson has allegedly refused to compensate purchasers who bought the bats in reliance on the company’s representations that they were USSSA-compliant.

Sheeley argues that all purchasers who bought a Wilson DeMarini bat in reliance on its USSSA-compliant labeling have been harmed due to Wilson’s allegedly false and misleading representations. His Wilson DeMarini class action lawsuit raises claims for breach of express and implied warranties, unjust enrichment, and violation of state consumer protection laws.

Sheeley wants to bring this Wilson DeMarini class action lawsuit on behalf of a plaintiff Class that would include all persons in the U.S. who purchased any Wilson DeMarini baseball bat within the applicable statutory limitations period. He also proposes a subclass covering Class Members who made their purchase in the state of Illinois.

He seeks an award of damages, disgorgement of funds related to the allegedly false advertising, court costs, attorneys’ fees, and any other remedy the court sees fit to grant.

Sheeley’s attorneys are Scott A. Morgan of Morgan Law Firm Ltd. and Miles McGuire, Evan M. Myers and Eugene Y. Turin of McGuire Law PC.

The Wilson DeMarini Baseball Bat Class Action Lawsuit is Theodore Sheeley v. Wilson Sporting Goods Co., Case No. 1:17-cv-03076, in the U.S. District Court for the Northern District of Illinois.

UPDATE July 18, 2018: Wilson Sporting Goods Co. has agreed to settle a class action lawsuit alleging that some DeMarini White Steel softball bats are defective. If you purchased a 2013 or 2014 model year Wilson-DeMarini White Steel softball bat, settlement details are available here!