A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. It needs to be replaced. The South Dakota Department of Health plans to hire former Trump campaign press secretary Daniel Bucheli as its next communications director. Enjoy more articles by logging in or creating a free account. Does the buyer want a museum specimen? After the June 26 deposition, attorneys may proceed with case, settle out-of-court or do more discovery, unearthing not more bones but facts about just how gussied up the T. rex was before the big sale. Plus it soon faded and looks like second rate material. Privacy Policy. According to the product’s 25-year warranty, the decks would not suffer from material defects or damage from fungal decay, plaintiffs allege in the class action lawsuit. Email notifications are only sent once a day, and only if there are new matching items. It started falling apart shortly after it was put in. There was a problem saving your notification. Neither did Erlandson, representing In the Beginning. I used a product recommended by the deck supplier and mold reappeared within 2 weeks. It is now about 3 years old and needs to be replaced completely. A Washington homeowner has filed a proposed class-action lawsuit against Trex Company, Inc, claiming the nation's largest manufacturer of wood-alternative decking is selling flawed products, and fails to live up to its guarantee when its products fail. Attorney for the Hausers, Quentin Riggins of Gunderson Palmer Nelson Ashmore law firm in Rapid City did not return request for an interview. "After removal of the fossil from the real property, ITBFI and his agents spent countless hours preparing, cleaning, and marketing the fossil for sale. In a counterclaim, In the Beginning Fossils say that's exactly what they did. Fence Contractors in Winchester, VA. See BBB rating, reviews, complaints, & more. I have first generation Trex decking which has faded bad also bad mold I just found out about the class action my deck looks terrible Trex should stand behind this and I never got the word about the lawsuit if no justice I will go to consumer affairs, I installed 730sqf of trex decking and it has swelled cracked buckled up very mad don't know what to do we are selling our home and Iam going to have to pay a lot of money to replace it so we can sell it tell everyone I know about trex and how the stand by there products. "The fossil was in substantially the same condition at the time of sale as it was in upon the removal from the Hauser Ranch and is therefore deemed not prepared," the complaint states. Mark Okano, a Gig Harbor resident, claims his 2-year old deck made entirely from Trex product began degrading, cracking and rotting in … That prompted Black Hills to file a copyright infringement lawsuit in 2010 seeking $7.4 million in damages – a figure that could have tripled to more than $22 million under federal copyright law. So did Hudson just excavate the bones and drive off to sell them or did his company assemble and prepare the bones for sale? In an email to the Journal Shelton said preparation depends on "many factors," such as the specimen's level of preservation and the surroundings — rock or soil? In the purchase agreement for the February 2017 of the Perkins County T. rex, the Hausers and Hudson both contributed to an escrow fund of $450,000 to finance any legal dispute. So much so, that they have agreed to settle two large class action lawsuits. Email and phone messages to an investment company listing Willhoit as president were not returned. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Democrats swing behind bipartisan virus aid bill; Biden calls it 'down payment' ahead of inauguration, Christopher.Vondracek@rapidcityjournal.com, Hospitalized twice and reeling from PTSD, 39-year-old South Dakota mother stays on oxygen after COVID-19, 54 deaths reported Saturday, COVID-19 death toll grows to 942, Rapid City Council approves watered-down mask ordinance 9-1, Homicide victim identified as 19-year-old from Rapid City, Rapid City man sentenced to 50 years in prison for attempted murder of Pennington County deputy, Rapid City Council to consider two mask ordinances at special meeting Monday, State Department of Health hires former Trump campaign press secretary as new spokesperson, Pennington County Sheriff's Office FB account drops to 1.6-star rating after sheriff files marijuana lawsuit, Rapid City Council to discuss Soo San Drive name change at working session, WATCH NOW: Wrap-up of the 80th annual Sturgis Motorcycle Rally, Two Minutes with Mitch Henck: Edgewood stadium compromise needed to get votes, Video: McCaskill Delivers Farewell Speech on Senate Floor. The Hausers alleged In the Beginning sold a T. rex skeleton dug up with their permission to a Colorado company as a "prepared" skeleton, rather than an "unprepared" skeleton, which would give them a larger cut of the sale. Please subscribe to keep reading. Peeling, warping, flaking, cracks, rotting, swelling, mildew. Last July, Darwin and Patty Hauser, a ranching couple from outside Faith — near the Hell Creek Formation, a … March 14, 2017 March 9, 2018 CAMERON LANGFORD. After a year of filing claims and counterclaims, after a media-blackout stipulation, Darwin and Patty Hauser will be deposed on June 26 by the defendant's attorney, Greg Erlandson of Bangs McCullen Law Firm in Rapid City. Pretty much unusable because we feel it's dangerous. Disclaimer The bid they provided specifies replacing with WOOD. The case alleges that the TREX product is defective. Trex composite decking made from plastic bags, wood fibers, and other secrets I wasn't told! This problem lasted all summer. My Trex Deck looks horrible and is completely flaking up and falling apart. For $8.25 million plus attorneys’ fees, Trex is putting a national class action lawsuit in its rear-view mirror. No credit card required. My Trex deck began swelling within a year of its installation. Soon a judge may need to settle the dispute. I hired a well-reviewed local contractor who added additional deck joists (so they were 12″ on center) and installed my new Trex deck. In 2016, a T. rex skull was posted for $1.8 million on an Asian auction house. Trex is once more notifying consumers in 16 western states who may have purchased defective Trex decking product exhibiting surface flaking to contact the company and receive replacement materials. He said Trex had paid about $1.9 million already through March 31, 2017. Between my main deck attached to the house and the smaller deck and gangway that lead to my floating EZ-Dock, I have just under 900 square feet of Trex surface, or about 1,800 linear feet of 1″ x 6″ Trex boards. Both sides agree a T. rex was found on the Hausers' land and Jared Hudson, president of In the Beginning, dug it up (with help), and sold it. Dinosaurs, fossils, Texas. This is completely unfair and should be covered under warranty. South Dakota T. rex dispute lands in court. A Washington homeowner has filed a proposed class-action lawsuit against Trex Company, Inc, claiming the nation's largest manufacturer of wood-alternative decking is selling flawed products, and fails to live up to its guarantee when its products fail. "It also depends on what the desired end result is," Shelton said. They offer to send a cleaning kit. There is absolutely no cost to you to submit this form. So Trex agreed to replace the defective decking but decided as a matter of ‘policy’ that they … Of course, proper framing should apply … Trex company launched its line of composite wood alternative decking products more than a decade ago to rave reviews and revolutionized an industry. The Facebook account for the Pennington County Sheriff's Office has plunged to a 1.6-star rating after reviewers flooded the page with negativ…, The taxpayers of South Dakota pay for the state to get amendments put on the ballot, pay for the voting process, pay for their vote to be over…. The Trex deck lawsuit claims that mold and dark spotting occurred at “extensive and alarming rates,” well beyond what should be expected for an outdoor decking product and well beyond what consumers should have expected based on the company’s advertisements and warranties as to the quality of the material. Please complete this form to request a review of your complaint by an attorney. The Rapid City Council voted 9-1 on Monday night to move a mask-optional ordinance to a second reading with council member John Roberts voting no. Obviously this is not true. Why Puma Biotechnology, Trex, and National CineMedia Slumped Today Despite a strong day for the market, these stocks fell. ", The counterclaim states preparation may include cleaning, restoration, and "mounting of the specimens.". then {{format_dollars}}{{start_price}}{{format_cents}} per month. Box … Trex has offered to cover cost of materials $3700 to replace, but is refusing to cover the labor costs of $15,000 to replace their product. I have a deck made of Trex that began chipping and flaking at only 1 year old. Consumer complaints focused on mold and color fade. Trex Company Inc.) that alleges certain wood-plastic composite decking products sold by Trex were defective and susceptible to mold, mildew, fungus, or other spotting and discoloration. Trex, when used with a hidden fastener system, is very unforgiving when trying to install over uneven joist work. But if a ranch couple is fighting for 10 percent of the proceeds, it's pretty sure the dinosaur fetched a pretty penny. Trex Company is the world’s largest manufacturer of high performance wood-alternative decking and railing, with more than 20 years of product experience. A California federal judge last week granted preliminary approval to a class action settlement in which Trex Co. Inc. will pay $8.25 million to settle accusations that the company sold defective decks that were prone to discoloration. "Hell Creek is a very productive deposit for dinosaur and contemporaneous non-dinosaur fossils," said Sally Y. Shelton, associate director of the Museum of Geology and Paleontology Research Laboratory at the South Dakota School of Mines and Technology. This company sells this material at a high price. T-Rex hasn’t filed any new lawsuits since July 2016. Insider hears that one or more of T-Rex’s patents is expiring in 2018. They disagree on whether the landowners should get 50 percent or 60 percent of the proceeds. What is known at this point is that the Hell Creek Formation, an old beach to a historic sea, is fertile ground for dinosaur predators. It's also not disclosed in court documents what this T. rex sold for. Shelton said around 50 have been found worldwide. Subscribe to our Daily Headlines newsletter. … Our deck began flaking, cracking and molding over the last few years and we found out about the class action lawsuit. It has been a publicly traded company since 1999 and trades on the New York Stock Exchange under the ticker symbol “TREX”. The company was founded in 1996 and is headquartered in Winchester, Virginia. It was properly installed with enough space between individual planks, but now it is almost solid, with very little area for rainwater drainage. It's unlikely this T. rex is as complete as Sue, still the best preserved lizard king to ever be discovered and who after a long legal battle ended up in the Chicago Field Museum. The T. rex's purchaser — noted in court documents as a Colorado company called Wizard Bear Holdings who agent is Charles Willhoit — is staying mum. Last July, Darwin and Patty Hauser, a ranching couple from outside Faith — near the Hell Creek Formation, a dinosaur hotbed home for 60 million years to the famous T. rex named Sue — sued a dinosaur excavator called In the Beginning Fossils based in rural Custer. You can cancel at any time. This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License ©2020 Online Legal Media. This is a new house and the deck was built with it, so I don't have original receipts; although my builder did confirm it was Trex Material. “I thought about how scary it would be to have COVID-19, especially as a single parent and sole provider. In an $8.2 million dollar lawsuit filed in the Federal District Court of Montana, the South Dakota-based Black Hills Institute of Geological Research Inc., alleged that a competitor, Fort Peck Paleontology Inc., wrongfully pirated and reproduced copyrighted portions of some of the most famous T. rex … FAQ My worst-case scenario was ending up…, South Dakota broke another record Saturday. Court Grants Final Approval of Settlement of Trex Company Class Action Lawsuit.
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