There actually aren't many T. rexes in the world. 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. A SWAT team surrounded a Rapid City apartment building Tuesday afternoon but did not find the juvenile shooting suspects they sought. 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. Never was a big believer … As outlined in the federal lawsuit, Fort Peck Paleontology unlawfully retained possession of these bone specimens and proceeded to make unauthorized copies of the STAN and SUE copyrights. Neither did Erlandson, representing In the Beginning. As Larson explained, the large T. rex specimens that are created by the Black Hills Institute for museums and private collections represent “literally tens of thousands of hours of work by scientists and artists, which can cost millions of dollars to create.” Larson explains that “finding a T. rex specimen in the ground is only the start. Customers saw their new deck surfaces deteriorate, and they started filing lawsuits (Trex settled in 2010 and still pays to replace defective decks). “I am very proud of the scientific and artistic contributions we have made over the years. There was a problem saving your notification. 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The Trex decking settlement resolves a 2009 class action lawsuit (Mahan v.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.According to the product’s 25-year warranty, the decks would not suffer from material defects or damage from fungal decay, … A pursuit of a stolen vehicle Saturday involved the driver hitting a patrol vehicle, crashing into a ditch before the car burst into flames, a…. After 65 million years, the world-famous Tyrannosaurus Rex finally got its day in court in November 2010 according to Peter Larson, President of Black Hills Institute of Geological Research, Inc. It's also not disclosed in court documents what this T. rex sold for. Hollrah says in his federal lawsuit that he saw immediately that the jawbone belonged to a juvenile T-rex and he seized the chance to find the rest of its bones, negotiating with Eatman to buy the jawbone and lease rights for the area where Eatman found it for $50,000. The case alleges that the TREX product is defective. Plastic lumber major Trex Co. Inc. has preliminary court approval to settle a class action lawsuit alleging products had mold and color problems. Does the buyer want a museum specimen? The home deck … You can cancel at any time. What a difference a year makes. But, Larson said the fossilized bones that his company finds bear no resemblance to the replicas they create after cleaning, restoring, glueing, then making a cast. Like any other sculpture, these are individual hand-crafted works of art.” The Copyright Office agreed. Trex Settles Mold Lawsuit For $8.25 million plus attorneys’ fees, Trex is putting a national class action lawsuit in its rear-view mirror. Please subscribe to keep reading. So Trex agreed to replace the defective decking but decided as a matter of ‘policy’ that they … 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. 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. Court Grants Final Approval of Settlement of Trex Company Class Action Lawsuit. I am more offended by tattoos, plumber's crac…, A Custer County deputy shot and injured a man on Sunday evening after the man refused to drop a gun and pointed it at him, according to two la…. The Rapid City Police Department believes a man meant to be an assault and robbery victim turned into a murder victim after one of the suspect…. 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 specimens in the world. Around 1997, incomplete portions of a T. rex skeleton were discovered near Fort Peck, Montana. SUE is the most complete and well-preserved T. rex ever discovered, and is the headliner display at the Chicago Field Museum. Gov. You have permission to edit this article. However, in recent years Trex decking has battled lawsuits concerning issues with the decking. In 2016, a T. rex skull was posted for $1.8 million on an Asian auction house. Missing and damaged bones must be hand-crafted and cast by our experts before we can assemble a full T. rex specimen like people see in museums.”. Trex company launched its line of composite wood alternative decking products more than a decade ago to rave reviews and revolutionized an industry. then {{format_dollars}}{{start_price}}{{format_cents}} per month. It granted the Black Hills Institute official copyrights for STAN T. rex and SUE T. rex. But if a ranch couple is fighting for 10 percent of the proceeds, it's pretty sure the dinosaur fetched a pretty penny. Their paleontologists were the creative force behind the top two most famous T. rex specimens in the world: SUE (FMNH PR20981) and STAN (BHI 3033). I’m actually surprised you got quotes with trex being more expensive. He said Trex had paid about $1.9 million already through March 31, 2017. 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. https://idea-asset.com/wp-content/uploads/2017/01/santan-logo.png, https://idea-asset.com/wp-content/uploads/2017/01/trex2.jpg, Intellectual Property Litigation Services. Trex Settles Mold Lawsuit For $8.25 million plus attorneys’ fees, Trex is putting a national class action lawsuit in its rear-view mirror. 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. Says Larson,“Fort Peck can’t argue they did not realize our dinosaur specimens were copyrighted works; we told them. 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. When asked about Fort Peck Paleontology’s motivation for doing this, Mr. Larson explained that there is a strong financial incentive to copy such works. In a counterclaim, In the Beginning Fossils say that's exactly what they did. {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, Alabama vs. Ohio State: The latest news and scores from the National Championship game, Christopher.Vondracek@rapidcityjournal.com, Gov. Black Hills Institute was represented by Santangelo Law Offices P.C., a Fort Collins, Colorado-based law firm that litigates copyright and other intellectual property matters, and the local law firm Crist, Krogh & Nord LLC, in Billings Montana. We tried to get them to stop, but they just ignored us. UPDATE: Details on how to file a claim for the Trex decking class action lawsuit settlement are up!. Composite Trex decking, made of a combination of plastic and sawdust, is considered one of the top composite decking alternatives available. Enjoy unlimited articles at one of our lowest prices ever. Box … After 65 million years, the world-famous Tyrannosaurus Rex finally got its day in court in November 2010 according to Peter Larson, President of Black Hills Institute of Geological Research, Inc. "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. Black Hills Institute asserted damages of $8.2 million dollars at the hands of Fort Peck Paleontology and others. They disagree on whether the landowners should get 50 percent or 60 percent of the proceeds. It really is a labor of love and we simply cannot allow others to claim our work as their own. Shelton said around 50 have been found worldwide. … South Dakota T. rex dispute lands in court. The proposed class period ranges from Aug. 1, 2004 until present. “Hollrah had been hunting and selling dinosaur bones most of his adult life. 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. Attorney for the Hausers, Quentin Riggins of Gunderson Palmer Nelson Ashmore law firm in Rapid City did not return request for an interview. Having excavated and prepared several of the most significant T. rex skeletons in the world, Black Hills Institute loaned several copyrighted T. rex bone specimens from STAN and SUE to Fort Peck Paleontology to help assist in their research efforts. 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. “You can’t pirate a T. rex copyright and not expect to get bitten,” quipped Mr. Santangelo, the lead attorney on the case. NEW JERSEY, June 2 /PRNewswire/ — On May 28, 2004, the Superior Court of New Jersey certified a nationwide class action in a case originally filed in 2000 against Trex Company, Inc. (NYSE: TWP – News) and ExxonMobil Corp. (NYSE: XOM – News; collectively, the “Company”). Intellectual Property Attorneys serving clients throughout the world from three locations. 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. ", 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. These skeletal remains were later nicknamed “Peck’s Rex” and taken to the Montana-based Fort Peck Paleontology Inc., for additional study. Black Hills Institute of Geological Research, Inc. v. Fort Peck Paleontology, Inc. et al, CV-10-76-GF-SEH (D. Montana, Great Falls Division). 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 lawsuit was settled on confidential terms mutually agreeable to all parties. 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.'". So did Hudson just excavate the bones and drive off to sell them or did his company assemble and prepare the bones for sale? These unauthorized copies were then incorporated into the “Peck’s Rex” skeleton currently at the Museum of the Rockies in Bozeman, Montana. We have tried unsuccessfully for years to get Fort Peck Paleontology to return our property and acknowledge their copying of our work. 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. "After removal of the fossil from the real property, ITBFI and his agents spent countless hours preparing, cleaning, and marketing the fossil for sale. The company was founded in 1996 and is headquartered in Winchester, Virginia. An Indiana woman said she climbed Mount Rushmore at night because she knows it’s not allowed, according to a report by a park ranger. In the end, I have to protect the integrity of the Institute, my employees, and our work,” said Larson. Original review: July 24, 2020. 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. Neal filed a lawsuit in 2015, and the court found he was not awarded his "equitable claim" in a 2016 judgement. In addition to copyright infringement, the lawsuit claimed unfair competition, as well as misappropriation and conversion of Black Hills Institutes’ intellectual and personal property. Trex stock declined 9% in the wake of the company releasing its first-quarter financial results. Defendants argued that castings of dinosaur fossils constitute exact replicas of objects found in nature and as such are not subject to copyright. "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 local couple that leaves outside of Faith is suing a Custer County dinosaur business because they say the company sold a Tyrannosaurus Rex fosil found on their land and they are intitled to a larger cut of the profits. “We protect our clients from copycats – and the fact that these are the most famous T. rex specimens in history makes preventing wrongdoing absolutely critical,” explained Mr. Santangelo. The work we do at Black Hills Institute is truly a mix of scientific and artistic expression resulting in one-of-a-kind works such as STAN and SUE. 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. Find more than 181 complaints| Ripoff Report. A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. “Tyrannosaurus rex is my passion,” explained Larson. Note: The original infringing “Peck’s Rex” skeleton is currently with the Museum of the Rockies in Bozeman, Montana, while “STAN” is on display at The Museum at Black Hills Institute in Hill City, South Dakota. March 18, 2010 07:30 AM Eastern Daylight Time. A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. Kristi Noem said in an executive order Friday that she directed the Highway Patrol superintendent to bring a lawsuit against the voter-ap…. "It also depends on what the desired end result is," Shelton said. 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 […] The lawsuit seeks to represent consumers nationwide who either purchased or obtained Trex decking material that exhibits defects including peeling, rot, splintering, checks, cracks, decomposition, flaking, bowing, expanding, swelling and more. Trex falls despite solid growth. The T. rex “SUE” is currently on exhibit at the Chicago Museum of Natural History. Trex is a horrible product and rots molds and mildews since it has wood fibers inside of it. Trex composite decking made from plastic bags, wood fibers, and other secrets I wasn't told! I replaced my cedar decking five years ago with Trex Transcends Havana Gold decking. Each fossil must be individually interpreted and reconstructed from the pieces that are found. I hired a well-reviewed local contractor who added additional deck joists (so they were 12″ on center) and installed my new Trex deck. It has been a publicly traded company since 1999 and trades on the New York Stock Exchange under the ticker symbol “TREX”. If you can just take someone else’s work and copy them that will save you an enormous amount of time and money.” Larson further explained that original T. rex specimens “have sold for millions, and reproductions can fetch hundreds of thousands of dollars a piece, so clearly there can be a strong financial incentive to cut corners.” The company’s website lists the full-skeleton replica of Stan for $100,000; the skull alone for $9,500. Rapid City is offended by cowboy hats but welcomes those country dollars spent in the community. STAN is the second most complete T. rex ever discovered and is displayed at the Black Hills Institute’s Hill City, South Dakota museum. Pursuant to the terms of the settlement, ELT, CDC and Trex will continue to perform under the ELTA Agreement. Email and phone messages to an investment company listing Willhoit as president were not returned. So much so, that they have agreed to settle two large class action lawsuits. Contact Christopher Vondracek at Christopher.Vondracek@rapidcityjournal.com. 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. Trex Settlement: Claim Form Deadline: May 27, 2014: Claims Administrator: Trex Mold and Color Fading/Variation Litigation c/o Heffler Claims Group P.O. Email notifications are only sent once a day, and only if there are new matching items. Stocked in more than 5,500 retail locations worldwide, Trex outdoor living products offer a wide range of style options with fewer ongoing maintenance requirements than wood, as well as a truly environmentally responsible choice. There's a new Tyrannosaurus rex lawsuit in western South Dakota. All parties … Find more than 181 complaints| Ripoff Report a full T. rex and SUE T. rex decking.... 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