Successful Dismissal of Hoverboard-Related Class Action Suit

Haworth Coleman & Gerstman, LLC pic

Haworth Coleman & Gerstman, LLC

A respected New York attorney, Scott Haworth serves as the managing partner of the law firm Haworth Coleman & Gerstman, LLC. His work as an attorney encompasses areas such as torts, product liability, and class actions. In the recent case Brown v. Modell’s Sporting Goods, Inc., et al., Scott Haworth was among a team that achieved dismissal of the case within the U.S. District Court for the Northern District of Indiana.

The case involved a plaintiff who attempted to represent a class of consumers spanning all U.S. states, each of whom bought a specific hoverboard model. The allegation was that 45 minutes into charging it with a plug, the hoverboard “burst into flames,” which caused residential damages.

Among the Court’s reasons for dismissal were “failure to plead with particularity” deficiencies in certifying the alleged consumer class, improper venue, and lack of personal jurisdiction. A key factor was that Delaware-incorporated Modell’s did not have any Indiana presence and was primarily a New York-based retailer.


Alternative Dispute Resolution

Alternative Dispute Resolution pic

Alternative Dispute Resolution

An experienced attorney in New York City, Scott Hayworth has provided alternative dispute resolution for a multitude of clients. Scott Hayworth is currently managing partner at Haworth Coleman & Gerstman, LLC.

Often facilitated by attorneys, alternative dispute resolution (ADR) has gained popularity in recent years due to the rising costs of court cases. ADR offers a less expensive way to redress wrongs.

Many senior judiciary officials throughout the Western world are in favor of ADR. In fact, a number of them have stipulated that some type of ADR needs to be attempted before litigation within the court system.

ADR takes many different forms. The two most common are mediation and arbitration.

Of the two, arbitration is the most like a court case because it has simplified rules for evidence and limited discovery periods. An arbiter or a panel of arbiters presides over this form of ADR. Arbitration always ends with a resolution, though perhaps not one that satisfies both parties.

In contrast, mediation is facilitated by a mediator and involves negotiations between the two opposing parties. However, unlike arbitration, this form can fail to reach a resolution, possibly leading to a court case.