Wisdom, Ricky v. Easton Diamond Sports, LLC
Feb 11, 2019
On Monday, February 11, 2019, Yukevich | Cavanaugh achieved a significant victory for Easton Diamond Sports, LLC in a purported class action. U.S. District Judge Dale S. Fischer issued an order striking proposed class claims and reducing the suit down to just three causes of action. Judge Fischer ruled these causes of action were insufficient to support the proposed class definition, which she characterized as “vague and overbroad.”
Plaintiff Ricky Wisdom sued Easton Diamond Sports, LLC in May, after purchasing a bat for his son that was labeled as 22 ounces, but which he alleges actually weighed “more than 23 ounces.” Wisdom alleges his son is unable to use the $160 bat “for training or play in baseball leagues and tournaments,” and that additional weight could cause players to fatigue more easily, as well as negatively impact their swing. Mr. Wisdom sought to represent a class of Easton bat purchasers whose bats were “labeled as being a lighter weight than they actually were.”
“To determine whether defendant is liable to the entire proposed class,” Judge Fisher held, “the trier of fact will be required to determine many factual questions not susceptible to common answers, for example, whether each model of bat purchased by each class member was overweight, whether each class member relied on the bat’s label or weight when purchasing the bat and whether each class member was injured by the alleged mislabeling. For these reasons, it is obvious at this stage of the proceedings that classwide relief is not available.”
The decision was featured in Law360.com, a LexisNexis website that covers significant verdicts, decisions, and legal trends and issues. Plaintiff has filed a petition in the Ninth Circuit for permission to appeal the portion of the order striking the class claims.
Thomas Borncamp and Cathy Carlisle represented Easton Diamond Sports, LLC.