Riddell Seeks Dismissal of Concussion Class Action Lawsuit

Last Friday, Riddell Inc. and other sporting goods manufacturers submitted a motion to dismiss a proposed concussion class action lawsuit filed against these companies concerning allegations of false representation of their football helmets.

The Riddell concussion class action lawsuit alleges that Riddell falsely misrepresented their helmets in that they are marketed to reduce the likelihood of the wearer developing a concussion. The class action lawsuit alleges that the helmets are defective and do not reduce the likelihood of concussion, contrary to how Riddell has marketed them.

Lead plaintiff Norma Thiel has alleged that through its false marketing, Riddell has violated the New Jersey Consumer Fraud Act and has also benefited through unjust enrichment. Thiel also claims that in marketing campaign for Riddell’s Revolution helmet, the company allegedly claimed that research demonstrated their helmet reduced a players risk of concussion by 31 percent. Thiel alleges that studies have shown that no helmet currently on the market lowers concussion risk more than any other helmet sold, therefore Riddell has profited through deceptive marketing claims.

In their motion to dismiss the class action lawsuit, Riddell has referred to the allegations as “a press release in search of a claim.”

Riddell and the other sporting goods companies named in the class action lawsuit argue that the plaintiff’s allegations lack the type of specificity required by Federal Rule of Civil Procedure 9(b), which “requires plaintiff to plead the ‘who, what, when, where, and how’ of the events at issue,” and also “requires plaintiffs to identify the source of the allegedly fraudulent misrepresentation or omission”

Riddell and other defendants claim that the class action lawsuit filed against them does not have sufficient factual evidence about the specifically named plaintiffs or the nationwide Class the concussion lawsuit seeks to represent.

According to Riddell’s motion for dismissal, “The amended complaint does not specify whether any individually named plaintiff relied on a specified statement by any defendant when purchasing the helmet at retail, or that any specified statement by a specified defendant caused any plaintiff to purchase the helmets directly from defendants pursuant to a contract[.]” Based on the alleged lack of specificity and lack of substantial evidence, the defending companies, including Riddell, claim that the concussion class action lawsuit should be dismissed.

This is not the first time that Riddell has faced concussion litigation for their protective gear products. Recently, Riddell faced concussion lawsuit allegations brought against the sporting good company by former NFL and NCAA players who claimed that Riddell failed to warn players of the possible risk of concussion.

There were also lawsuits filed against the company by players who allegedly suffered traumatic brain injuries while wearing Riddell football helmets. However, the Riddell concussion class action lawsuit is the only one of a handful of lawsuits filed by the consumers themselves.

The court has not yet decided whether the Riddell concussion class action lawsuit will stand or be dismissed. For now, Riddell and the other defendants, such as All American Sports Corp., Riddell Sports Group Inc., Easton-Bell Sports Inc., Easton-Bell Sports LLC, EB Sports Corp. and RBG Holdings Corp., are still facing these consumer allegations.

Thiel is represented by Dennis G. Pantazis, Craig L. Lowell and Dennis G. Panatzis Jr. of Wiggins Childs Quinn & Pantazis LLC, Stephen Corr of Stark & Stark and James E. Cecchi, Caroline F. Bartlett and Zachary S. Bower of Carella Byrne Cecchi Olstein Brody & Agnello PC.

The Riddell Concussion Class Action Lawsuit  is Thiel v. Riddell Inc., et al., Case No. 1:13-cv-07585, in the U.S. District Court for the District of New Jersey.

UPDATE: On May 25, 2017, parties to a consolidated Riddell helmets false advertising class action lawsuit have mutually agreed to a final dismissal of the action.