(Editor’s Note: What follows is an excerpt from a case summary that appeared in the July issue of Concussion Litigation Reporter. To subscribe, visit http://concussionpolicyandthelaw.com/subscribe/)
A federal judge from the Southern District of West Virginia has denied Riddell, Inc.’s motion to dismiss the second amended complaint filed by a non-profit youth football organization, which claimed that the helmet maker violated the West Virginia Consumer Credit and Protection Act (WVCCPA) when it promised that its Revolution Helmets could protect football players from concussions.
In so ruling, the court found that the “operative complaint sets forth the plaintiff’s claim with the particularity required by Federal Rule of Civil Procedure 9(b).”
The plaintiff in the litigation is Midwestern Midget Football Club, Inc. (Midwestern), a non-profit youth football organization operating in Kanawha County, West Virginia.
Approximately 150 youth participate in Midwestern’s program every year. It supplies the helmets for these participants. Every year Midwestern purchases between 12 and 24 new Revolution Helmets for its participants, who are aged 14 years or younger.
Midwestern initially alleged that Riddell’s marketing claims about its Revolution Helmets were knowingly false. “Among other things, Midwestern contends that …