Plaintiffs Ask Court Not to Strike Louisville Slugger Baseball Bat Class Action

The plaintiffs in a class action lawsuit alleging Louisville Slugger bats break easily due to a defect are opposing a motion to dismiss their case claiming it’s too early to make that kind of ruling.

Lead plaintiff George Alea alleges in his class action lawsuit that Louisville Slugger and Wilson Sporting Goods produce $400 bats that are prone to break due to a design defect. The plaintiff further claims the sporting companies refuse to replace the bats under warranty.

In March, the defendant sporting goods company argued the class action should be dismissed because there was not an adequate basis for the alleged warranty claims. Additionally, argued the defendants, it is unlikely the proposed Class could be certified.

According to the plaintiff’s opposition, it is far too early in the litigation to determine Class certification.

“A careful analysis of Defendant’s motion reveals that Defendant is wrong on the law and the facts,” says the class action plaintiff. “First, Defendant attempts to persuade this Court to consider at this early stage whether a multi-state class can be certified, and engage in a conflict of law analysis that is inappropriate in the nascent stages of litigation because the factual record has not been developed yet”

Also, at this point says Alea, whether he or the proposed Class had a relationship with the defendant sporting goods companies that supports the warranty claims does not have to be established yet. Further, says the plaintiff, the representations made in Slugger advertising is enough to support the warranty claims.

“[I]n addition to promotional and advertising materials,” points out Alea in his opposition. “Defendant provides information regarding its express written warranty governing the pats on its website. Those allegations, which this court is required to accept as true, are sufficient for plaintiff to proceed on their warranty claims in discovery, as many courts have held.”

The plaintiff also points out in his opposition that the Magnuson-Moss Warranty Act (MMWA) was enacted to close loopholes in the preexisting law of sales to stop companies from dodging their obligations otherwise arising from written and implied warranties.

“A consumer may bring suit under the MMWA against any supplier, warrantor, or service contractor who fails to comply with an obligation under a written warranty or service contract,” says the plaintiff.

“Here, Wilson promised to provide a ‘Full Twelve (12) Month Manufacturer’s Warranty,’ yet when consumers, such as plaintiff, attempted to seek redress their warranty claims were denied,” the court document states.

The plaintiff is seeking to represent Florida, California, Illinois, Michigan, New Jersey, and New York residents who purchased a Louisville Slugger bat after April 1, 2015. The plaintiff is also seeking to represent a nationwide Class.

The Louisville Slugger Defective Baseball Bat Class Action Lawsuit is George Alea, et al. v. Wilson Sporting Goods Co., et al., Case No. 1:17-cv-00498, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

UPDATE: October 31, 2017: Plaintiffs in the Louisville Slugger defective product class action lawsuit request court assistance in getting defendant to hand over documents.

UPDATE 2: On Dec. 7, 2018, Wilson Sporting Goods reached a settlement with consumers that will end a class action lawsuit claiming that the company’s Louisville Slugger Prime BBCOR bats are defective.

UPDATE 3: March 2019, the Louisville Slugger baseball bat class action settlement is now open. Click here to file a claim.