Successful Dismissal of Hoverboard-Related Class Action Suit

Haworth Coleman & Gerstman, LLC pic

Haworth Coleman & Gerstman, LLC
Image: hcandglaw.com

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.

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