December 22, 2016
Class Action Lawsuit By Borough of Carteret Against FieldTurf
Bathgate, Wegener & Wolf, P.C., Lakewood, New Jersey, together with national class action specialist Kozyak, Tropin & Throckmorton, P.A., Coral Gables, Florida, has filed the first federal class action lawsuit in the United States against FieldTurf USA and its affiliates. The lawsuit challenges the commercially unreasonable, deceptive and misleading business practices of FieldTurf in connection with their manufacture, marketing, sale and installation of synthetic grass turf systems used for athletic fields across the United States. Lawrence E. Bathgate, II has assembled a legal team comprised of Michael M. DiCicco, Brian W. McAlindin, Christopher B. Healy, and Ryan S. Malc of BWW and national class action attorney Adam M. Moskowitz of KTT to represent the Borough of Carteret, the lead plaintiff in the action. As a class action suit, Carteret seeks relief for itself and all other similarly situated purchasers of synthetic grass fields manufactured by FieldTurf. A significant number of the purchasers are New Jersey public and private entities. N.J. Advance Media (The Star Ledger) exposed these problems when it published its findings from a six month, in-depth investigation of FieldTurf and the failing synthetic grass fields.
Like other municipalities, school districts and public and private entities throughout the United States, Carteret purchased six synthetic grass fields from FieldTurf, which were marketed under brand names “FieldTurf,” “Duraspine” and “Prestige,” in reliance on FieldTurf’s representations. Carteret contends in the class action lawsuit that the fields are defective because the fibers that make up the fields deteriorate prematurely, sometimes in as little as two years, in stark contrast to the 10 year life expectancy represented by FieldTurf. Carteret asserts that FieldTurf knew through field inspections and independent testing that the fields would deteriorate much sooner than FieldTurf had represented to potential customers. Instead of advising their customers of these problems, FieldTurf chose to maximize profits by increasing the intensity of its marketing campaign designed around the false information. Carteret seeks immediate relief requiring FieldTurf to repair and replace the synthetic grass fields and to pay damages. Immediate relief is necessary and appropriate because of the risk of injury to those using the deteriorating fields.