Last July, Darwin and Patty Hauser, a ranching couple from outside Faith — near the Hell Creek Formation, a … This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License ©2020 Online Legal Media. "After removal of the fossil from the real property, ITBFI and his agents spent countless hours preparing, cleaning, and marketing the fossil for sale. Neither did Erlandson, representing In the Beginning. Creative Commons Attribution-NoDerivs 3.0 Unported License. ", The counterclaim states preparation may include cleaning, restoration, and "mounting of the specimens.". 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. The company was founded in 1996 and is headquartered in Winchester, Virginia. The South Dakota Department of Health plans to hire former Trump campaign press secretary Daniel Bucheli as its next communications director. 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. Since Trex decking is warranted for 25 years, I filed a warranty claim only to find out the quality problem I experienced was systemic and subject to a Class Action suit against Trex. The case alleges that the TREX product is defective. A Rapid City man was sentenced Tuesday to the maximum punishment of 50 years in prison for the attempted-first degree murder of a Pennington C…, The Rapid City Council will consider two ordinances and a resolution regarding a mask mandate at a special session meeting that begins at 5:30…. 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. The blogs are full of people with same complaints. 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. No credit card required. The bid they provided specifies replacing with WOOD. Enjoy more articles by logging in or creating a free account. So did Hudson just excavate the bones and drive off to sell them or did his company assemble and prepare the bones for sale? My Trex Stories; All Ideas; Why Trex® Get an Estimate Discover Which Trex Fits Your Budget; Trex vs. the Competition; The Industry Leader; Eco-Friendly Decking; Planning Resources; FAQs; Deck Planning Basics; Design Considerations; Deck Starter Tool; Products. Fence Contractors in Winchester, VA. See BBB rating, reviews, complaints, & more. The Hausers ask for declaratory relief, saying, "cleaning a portion of the Fossil and removing matrix from certain parts of the Fossil does not mean the Fossil is 'prepared.'". Soon a judge may need to settle the dispute. "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. He said Trex had paid about $1.9 million already through March 31, 2017. Shelton said around 50 have been found worldwide. Consumer complaints focused on mold and color fade. 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. 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. 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. 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. That's not always the case as she said researchers will leave specimens in their "original orientation" in order to be accessible to later scholars. "It also depends on what the desired end result is," Shelton said. 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. Peeling, warping, flaking, cracks, rotting, swelling, mildew. Now it seems more people are becoming dissatisfied with the longevity and quality of Trex products. {{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, [email protected], 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. Trex company launched its line of composite wood alternative decking products more than a decade ago to rave reviews and revolutionized an industry. My Trex Deck looks horrible and is completely flaking up and falling apart. UPDATE: Details on how to file a claim for the Trex decking class action lawsuit settlement are up!. So Trex agreed to replace the defective decking but decided as a matter of ‘policy’ that they … They offer to send a cleaning kit. It has been a publicly traded company since 1999 and trades on the New York Stock Exchange under the ticker symbol “TREX”. My Trex deck began swelling within a year of its installation. This company sells this material at a high price. Email and phone messages to an investment company listing Willhoit as president were not returned. Plastic lumber major Trex Co. Inc. has preliminary court approval to settle a class action lawsuit alleging products had mold and color problems. Box … So much so, that they have agreed to settle two large class action lawsuits. Composite Trex decking, made of a combination of plastic and sawdust, is considered one of the top composite decking alternatives available. I used a product recommended by the deck supplier and mold reappeared within 2 weeks. 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. However, in recent years Trex decking has battled lawsuits concerning issues with the decking. Attorney for the Hausers, Quentin Riggins of Gunderson Palmer Nelson Ashmore law firm in Rapid City did not return request for an interview. We want our money back. 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. This problem lasted all summer. There's a new Tyrannosaurus rex lawsuit in western South Dakota. 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. 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. 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. But if a ranch couple is fighting for 10 percent of the proceeds, it's pretty sure the dinosaur fetched a pretty penny. Does the buyer want a museum specimen? then {{format_dollars}}{{start_price}}{{format_cents}} per month. Trex, when used with a hidden fastener system, is very unforgiving when trying to install over uneven joist work. Trex will not listen to complaints; they simply send a boilerplate letter using "environmental issues" as an excuse to deny responsibility. Consumer complaints focused on mold and color fade. Our deck began flaking, cracking and molding over the last few years and we found out about the class action lawsuit. October 11, 2017 12:04 am Views: 1071. A legal saga that threatened to upend fossil hunting in dinosaur-rich Montana has drawn to a close, and paleontologists are breathing a sigh of … In 2016, a T. rex skull was posted for $1.8 million on an Asian auction house. Soo San Drive will be renamed Sioux San Drive if approved by the Rapid City Council. Obviously this is not true. “I thought about how scary it would be to have COVID-19, especially as a single parent and sole provider. They state it will outlast any other product. 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. Winchester-based manufacturer Trex said on Wednesday that a court has approved a settlement in a nationwide class-action lawsuit that alleged that some of … "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. 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. ... May 5, 2017 at 5:00PM Author Bio. 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. … Trex Company, Inc., also known as Trex or Trex Decking, is a major manufacturer of wood-alternative decking, railings and other outdoor items made from recycled materials. This deck material "Trex" is junk. It's also not disclosed in court documents what this T. rex sold for. I paid for Trex in order to have maintenance-free, trouble-free decking. Subscribe to our Daily Headlines newsletter. 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 … It is now about 3 years old and needs to be replaced completely. Dinosaurs, fossils, Texas. Trex Settlement: Claim Form Deadline: May 27, 2014: Claims Administrator: Trex Mold and Color Fading/Variation Litigation c/o Heffler Claims Group P.O. Plus it soon faded and looks like second rate material. These suits should include all harm that can come from falling when the product scales and weakens/breaks or when falls occur as a result of the slippery, mildew, slim which is most evident when the deck is wet and transforms into an ice rink. Disclaimer It needs to be replaced. What a difference a year makes. FAQ Mark Okano, a Gig Harbor resident, claims his 2-year old deck made entirely from Trex product began degrading, cracking and rotting in … I have a deck made of Trex that began chipping and flaking at only 1 year old. Terms of Service Please complete this form to request a review of your complaint by an attorney. The man who was fatally shot near Rapid City on Tuesday has been identified as 19-year-old Ocean Sun Eberlein of Rapid City. Privacy Policy. A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. 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? Customers saw their new deck surfaces deteriorate, and they started filing lawsuits (Trex settled in 2010 and still pays to replace defective decks). Trex composite decking made from plastic bags, wood fibers, and other secrets I wasn't told! This organization is not BBB accredited. Get up-to-the-minute news sent straight to your device. March 14, 2017 March 9, 2018 CAMERON LANGFORD. 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. They disagree on whether the landowners should get 50 percent or 60 percent of the proceeds. 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. When Trex allows dangerous decking to remain in place because they are too cheap to stand behind their product, they then should be sued for any harm that comes to people as a result of their poor product. There's a new Tyrannosaurus rex lawsuit in western South Dakota. March 18, 2010 07:30 AM Eastern Daylight Time. Maybe T-Rex isn’t suing because some patents are expiring or it is distracted by Broadsign’s counter-lawsuit or feels hampered by the Supreme Court’s curb on patent lawsuit venue shopping. 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. For $8.25 million plus attorneys’ fees, Trex is putting a national class action lawsuit in its rear-view mirror.
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