Lawn mower lawsuit?

[Jack Giesecke]

Anyone seen the ad running now about a class action lawsuit because lawnmowers don't make the horsepower they are supposed to? I googled it.... http://www.consumeraffairs.com/news0...ettlement.html

So, if I get this right, I buy a 5 hp mower and it only makes 4.5 hp, I get money? Probably, if there are that many involved, get a check for 10 cents.

I mean, this is the dumbest lawsuit I've heard about since grandma spilled her coffee at McDonalds.

[kurt]

I've got a bigger beef with the "self-propelled" part.

[Brotha J]

I got a letter in the mail last week about that. Apparently my mower is on the list. I promptly filed that thing in the circular file bin. As long as it cuts my grass, I'm good.

Datgummed letigious society.

[flb_78]

so what kind of fuel are they running and at what altitudes are they measuring HP at?

[poser]

what oil are they using

[Brotha J]

Those mowers were probably running car tires in the rear.

[Squeaky]

We got the postcard in the mail saying we might get $25 back or something like that. If throwing it out means some other mower-buying fool gets my share then I'd consider filing. If the suit goes away because enough people think it's foolish then I'd toss it in a heartbeat.

[aharbi]

The interesting part is that they have collected $65,000,000, Yes 65 million dollars but you get either $25 or $55. The attorneys get the rest for "reasonable/actual" fees. The one document states they have spend in access of 21,000 hours in time (a person year is 2,010 hrs). Class action suit's are a real gold mine for the lawyers. Kinda like legal bank robbery using an excuse it's "protecting the people".

[Rman of 237]

"The suit concerns lawnmowers with the brand names Yard-Man, Cub Cadet, Honda, Bolens, Exmark, Deere, Sabre, Scotts, Toro, Yard Machines, Craftsman, Troy Bilt, Husqvarna, Poulan, Poulan PRO, Lawn-Boy, Weed Eater, White Outdoor, Snapper, Simplicity, Brute, and Murray. The suit also covers "numerous other brands" with engines manufactured by Briggs & Stratton, Tecumseh, Kawasaki, Honda or Kohler."

OK, who are we missing here??.....

[focus frenzy]

it is a legitimate suit that unfortunately benefits the lawyers more than the victims.

this is why B&S engines have that lame torque class rating on them now.
you can get the real horsepower by dividing that torque rating by 2.

the horsepower thing had been going for a while and was getting way out of hand with 20" push mowers being listed as 6.5hp when they actually made closer to two horse power.

I had a 5.75hp 22" Murray big wheel mower that could not come close to cutting near as thick or deep as my vintage 1970 wizard 22" powered by a 3hp engine.

I am surprised to see it also covers lawn tractors as some tractors I have seen seemed to be rated low.

if this gets a standardized testing system put in place then good.

[Chirpy]

Under the settlement, class members who submit timely claim forms can receive $35 for every eligible walk-behind lawnmower they own, and $75 for every eligible ride-on mower. Consumers who own a Briggs & Stratton, Toro, Tecumseh, TecumsehPower, Kawasaki, or Kohler mower, which was under a manufacturer's warranty when purchased, can receive a one-year warranty extension.

Read more: http://www.consumeraffairs.com/news0...#ixzz0lKjqMfGr

Details...

[tricepilot]

I have a 25 year old quarter horse that himself doesn't even put out 1 horsepower. Who do I sue?

[Sleepy Weasel]

Originally Posted by Jack Giesecke

Anyone seen the ad running now about a class action lawsuit because lawnmowers don't make the horsepower they are supposed to? I googled it.... http://www.consumeraffairs.com/news0...ettlement.html

So, if I get this right, I buy a 5 hp mower and it only makes 4.5 hp, I get money? Probably, if there are that many involved, get a check for 10 cents.

I mean, this is the dumbest lawsuit I've heard about since grandma spilled her coffee at McDonalds.

Suddenly, I'm picturing Navin Johnson writing you a check for one dollar AND NINE CENTS!

[Jack Giesecke]

Originally Posted by aharbi

The interesting part is that they have collected $65,000,000, Yes 65 million dollars but you get either $25 or $55. The attorneys get the rest for "reasonable/actual" fees. The one document states they have spend in access of 21,000 hours in time (a person year is 2,010 hrs). Class action suit's are a real gold mine for the lawyers. Kinda like legal bank robbery using an excuse it's "protecting the people".

Well, the cost of all the advertising they're doing on national TV has to be astronomical.

[FJRSTAR]

Well, I think this is bogus. More lawyers getting richer.

(Don't tell anyone, but my son is a liar...I mean lawyer).

[bluedogok]

"Class Action Lawsuit" means the only class making money off it is the lawyer class....

[RedPill]

Read The King of Torts. Fiction, but based on the real class action lawsuit industry.

[Rman of 237]

My uncle's a lawyer(retired). He stopped by yesterday and I mentioned this thread to him. He admitted the lawyers would make out like bandits off this suit if it goes to court. An example he used was the Blockbuster Video class action lawsuit a few yrs ago. The lawyers made $$millions$$ off that deal but the only thing all the plaintiffs got was a couple free movie coupons.

[Jack Giesecke]

Well, heck, now that he's out of politics, I guess John Edwards needs something to do again. He's got a kid to raise, ya know.

[blackhawk]

I am not a litigious person and like most here would have just plugged along mowing my yard happy with my Honda mower if I never heard about this case. I also agree that the lawyers will be the winners, but if the companies are willing to put up $65,000,000 to settle, we know they were up to something!

Reading this:

Specifically, the complaint stated that the defendants sold "identical, but differently and misleadingly labeled, engines at different prices -- with higher prices for engines labeled with purported higher horsepower." In other words, the companies took two identical engines, slapped different labels on them, and sold them at significantly different prices.

The suit also claimed that several of the companies created a so-called "Power Labeling Task Force," a group that they used to plan and organize their conspiracy. The group held meetings "at various locations," and even kept minutes that were distributed once the task force had adjourned.

By discovering the task force, the plaintiffs were able to include a count for violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, the defendants' "repeated acts of mail and wire fraud" -- namely, mailing false and misleading advertisements -- rose "above mere fraud."

Read more: http://www.consumeraffairs.com/news0...#ixzz0lOPOdzWT

Sounds as if they figured out that the typical person with the Tim Allen "More Power.." attitude, would be an easy mark for this type of fraud.

If the judge ok's the $65,000,000 settlement, I figure the lawyers get a predetermined cut of the settlement, the rest is paid out to the claimants. My question is what happens to the monies left over that are unclaimed? Do they go back to the companies that did the fraud? Does it go to the lawyers who’s pocket are already full?

Because of this I figured why not keep $35.00 out of their hands, so I submitted my claim.