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Invicta suit for leaky Grand divers goes forward

PostPosted: October 11th 2017, 3:51pm
by koimaster
Law360, Miami (August 4, 2017, 8:01 PM EDT) -- A Florida federal judge on Friday declined to toss a putative class action against watchmaker Invicta alleging its Pro Diver series timepieces allow water to leak in, ruling that the plaintiff had alleged enough facts to continue the suit.

U.S. District Judge Robin L. Rosenberg denied Invicta's motion to dismiss the suit, after finding that the plaintiff had provided enough facts to support his claims, which include allegations that the watchmaker violated Florida's Deceptive and Unfair Trade Practices Act and breached an express warranty.


Case Information

Case Title

 Felice v. Invicta Watch Company of America, Inc.



Case Number

0:16-cv-62772

Court

Florida Southern

Nature of Suit

Contract Product Liability

Judge

Robin L. Rosenberg

Date Filed

November 22, 2016

Law Firms

 Heller Waldman
 Newman Ferrara


ORDER SETTING FORTH AMENDED TRIAL DATE, CALENDAR CALL, STATUS CONFERENCE, AND PRETRIAL DEADLINES: Status Conference set for 6/20/2018 09:30 AM before Judge Robin L. Rosenberg. Jury Trial set for 8/20/2018 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Calendar Call set for 8/15/2018 09:00 AM before Judge Robin L. Rosenberg. Amended Pleadings due by 8/28/2017. Discovery due by 4/20/2018. Joinder of Parties due by 8/28/2017. Mediation Deadline 6/20/2018. In Limine Motions due by 5/21/2018. Pretrial Motions due by 5/21/2018. Joint Pretrial Stipulation due by 7/20/2018. Signed by Judge Robin L. Rosenberg on 8/25/2017. (jas)


PAPERLESS ORDER denying55 Defendant's Motion to Limit Plaintiff's Communications with or Pursuit of Putative Class Members Prior to Class Certification. Signed by Judge Robin L. Rosenberg on 8/21/2017

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: October 11th 2017, 4:33pm
by Hawk
I don't see that action going very far but the discovery phase could be a hoot.

"Can you describe the testing regimen used by your Hong Kong assembler?"
It's calculated.
"Is it calculated anywhere in English?"

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: October 11th 2017, 6:09pm
by Mortuus
Or the classic Eyal defense: "Dese were uh special edition whotch, into which I blew my breatt ant fogged da crystal before it was sealed and placed on sale in what was called de 'Eyal's Breatt Grendt Difer.' " Yeah, that'd go over really well...I'll buy two more! :oops:

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: October 11th 2017, 7:39pm
by TemerityB
Nice dig, koi. Lovin' this.

I remember when this suit was first brought up; one of IWG's defenses, amazingly enough, was that they actually tried to state, in their way, that they never claimed the watches would be waterproof (I don't remember where I read this; I'll have to scroll back and find an earlier thread).

WTF - they're called Pro Divers, as in professional dive watches!

I'm just hoping this once - just this fucking once - those sleazy bastards don't skate. Just once.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 8th 2018, 5:19pm
by TemerityB
Only a few months until the debut of Springtime For Lalo, with Jim Summersausage taking over the Zero Mostel role.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 8th 2018, 5:34pm
by Mark1
Mediation deadline isn't until 6/20/18. Eyal will likely settle out of court with a confidentiality agreement.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 9th 2018, 9:39am
by Hawk
I suppose what surprises me is that anyone was surprised. But I suppose that outside the harbor of WL there exists people who might, being unaware of the evidence, actually believe anything written on an invicter dial.

Slapping "Swiss Made" on a watch assembled in Kowloon is compelling evidence that the Lalo considers dial markings to be useful only to the extent it might enable selling at a higher price. They are strictly aspirational.

I'm eagerly awaiting my invicter which has a dial inscribed "Made in Motherfucking Switzerland, W/R 100,000 MT, Magnetically shielded to resist the EMP from a 15 kiloton nuclear weapon detonated 30 meters above ground at a straight line distance of 1 kilometer, COSC superlative everything, endangered species strap, GIA certified crap on the bezel and US Geological Survey crap on the dial". At 75 mm that amount of text should fit with no problem.



Of course it leaks - did anybody with more than a passing insight on the brand think it wouldn't?

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 9th 2018, 10:02am
by conjurer
It's interesting that this lawsuit involves the Nvicter Pro Diver, which is perhaps the only Invicta that seems to get a pass from most of us here at WLs, usually in a statement like: Well, of course Invicter sucks ropey donkey dicks, Eyal is the spawn of Hell, he makes wartchs that fall apart, Nvicta service is bullshit, the Mighty Hydromax looks fucking retarded, and anybody who knowingly buys an Invicter is a goddamn fucking moron. But the original Pro Divers weren't too bad.

Naturally, the idea that Eyal would pony up enough dough to pressure test every one of the eleven billion Pro Divers he's sold is absurd; however, considering that the Pro Diver is the only wartche he makes that doesn't actually induce projectile vomiting, all he had to do was make sure his Hong Kong contractors continued to make the Pro Diver somewhat water resistant.

Of course, he couldn't even do that.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 9th 2018, 12:51pm
by TemerityB
conjurer wrote:It's interesting that this lawsuit involves the Nvicter Pro Diver, which is perhaps the only Invicta that seems to get a pass from most of us here at WLs, usually in a statement like: Well, of course Invicter sucks ropey donkey dicks, Eyal is the spawn of Hell, he makes wartchs that fall apart, Nvicta service is bullshit, the Mighty Hydromax looks fucking retarded, and anybody who knowingly buys an Invicter is a goddamn fucking moron. But the original Pro Divers weren't too bad.

Naturally, the idea that Eyal would pony up enough dough to pressure test every one of the eleven billion Pro Divers he's sold is absurd; however, considering that the Pro Diver is the only wartche he makes that doesn't actually induce projectile vomiting, all he had to do was make sure his Hong Kong contractors continued to make the Pro Diver somewhat water resistant.

Of course, he couldn't even do that.


Of course not. I think it all comes down to this:

The fleabag company issues thousands of watches called "Pro Divers." Not "Pro Jumprope Helpers" or "Pro Beef Jerky Helper," but "Pro Divers." Says so, right there.
Many of them have supposed ISO ratings, as well as depth ratings. See? They're right there on the dial, judgy wudgy.
Those involved can hold up an Orient or a Seiko or even a Hamilton or a Tissot and state "these worked just fine, and they have made similar claims."

To me, this is like shooting fish in a barrel. Of course, what I'd like to see best are the testimonies of the guys who made all the claims on TV: Lalo, Zimmer, and Lyin':
Image

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 9th 2018, 1:06pm
by svaglic
Lyin could only testify if someone held up cue cards for him. Otherwise he would stare blankly and smile.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 9th 2018, 9:51pm
by 3Flushes
In the federal system, the judge having found sufficient evidence to proceed to trial can carry with it the implication that the plaintiff is likely to prevail, a sign that the defendant should open settlement negotiations. Given the additional ruling that the plaintiff can recruit class members- into what must potentially be a very large class- it would seem the little lalo-weasel will have to settle. E certainly has the money, and the arrogance to go to the mat, and since even a settlement is an expensive proposition at this point, who knows whether or not he'll go to trial.

In either case, the plaintiff seems well poised to take a big chunk out of Lalo's ass.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 10th 2018, 5:21am
by Hawk
conjurer wrote:It's interesting that this lawsuit involves the Nvicter Pro Diver, which is perhaps the only Invicta that seems to get a pass from most of us here at WLs, usually in a statement like: Well, of course Invicter sucks ropey donkey dicks, Eyal is the spawn of Hell, he makes wartchs that fall apart, Nvicta service is bullshit, the Mighty Hydromax looks fucking retarded, and anybody who knowingly buys an Invicter is a goddamn fucking moron. But the original Pro Divers weren't too bad.

Naturally, the idea that Eyal would pony up enough dough to pressure test every one of the eleven billion Pro Divers he's sold is absurd; however, considering that the Pro Diver is the only wartche he makes that doesn't actually induce projectile vomiting, all he had to do was make sure his Hong Kong contractors continued to make the Pro Diver somewhat water resistant.

Of course, he couldn't even do that.


I could probably be persuaded to believe that at some point in the dim and distant past Eyal ordered up a batch of Rolex hommidgiz with "200 MT" on the dial based on someone's good faith calculations.

But then he made them bigger. While some Rolex homages remain at 39mm many have gone to 50 mm. The bump in diameter would require rerunning the calcs which of course didn't happen. Then display backs were added including to some quartz examples, mineral crystal changed to Flame Fusion whatever the fuck that is then the Venom / Pro Diver inbreeding resulted in dials marked "1,000 MT". Assembly costs were further squeezed and QC simply never existed. Net result is a 200 meter and no small number of 1,000 meter dive watches leaking in a heavy dew. On the brighter side it led to some wonderfully amusing crab-walking at the WG forum where a 1,000 meter dive watch would leak if some hung over dude forgets to remove it before showering. This provided us with caustic detergents, hydrodynamic pressure spikes and, of course, the dreaded hot water.

Through all that time I never once seriously considered that a Pro Diver would be used by a, well, pro diver.

The nice thing about invicter is that they generally meet expectations. The not so nice thing is that expectations are deservedly in the commode.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 10th 2018, 7:02am
by Wasp
In my world the prosecution would consist of the legal minds entrenched here. And of course the Judge Judy rules of engagement are perfecte legalis and not objectionable. Labalo in his skin tight black nylon tee shirt talking in tongues in short order. Now that's entertainment.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 10th 2018, 7:07am
by codguy
Hawk wrote: The not so nice thing is that expectations are deservedly in the commode.



Grand diver.... commode

Nice "diver dan" connection.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 10th 2018, 7:58am
by DocKlock
From Hawk ----- I'm eagerly awaiting my invicter which has a dial inscribed "Made in Motherfucking Switzerland, W/R 100,000 MT, Magnetically shielded to resist the EMP from a 15 kiloton nuclear weapon detonated 30 meters above ground at a straight line distance of 1 kilometer, COSC superlative everything, endangered species strap, GIA certified crap on the bezel and US Geological Survey crap on the dial". At 75 mm that amount of text should fit with no problem.
Left out the FLAME FUSION crystal.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 10th 2018, 8:27am
by Hawk
DocKlock wrote:From Hawk ----- I'm eagerly awaiting my invicter which has a dial inscribed "Made in Motherfucking Switzerland, W/R 100,000 MT, Magnetically shielded to resist the EMP from a 15 kiloton nuclear weapon detonated 30 meters above ground at a straight line distance of 1 kilometer, COSC superlative everything, endangered species strap, GIA certified crap on the bezel and US Geological Survey crap on the dial". At 75 mm that amount of text should fit with no problem.
Left out the FLAME FUSION crystal.


Fuk. Sure did. And that world class tritnite too.

Re: Invicta suit for leaky Grand divers goes forward

PostPosted: January 10th 2018, 11:21am
by TemerityB
Lalo might argue that he thought the "FT" on the dial of each Pro Diver stood for "fine timepiece," while "M" stood for "mint." He might also argue that numbers such as 200 meant it was rated 200 percent "super keen." After all - as the odious o-ring oralizer S. Fingers once argued when another pile of steaming pile of bovine shit hit the fan, English is Lalo's second language, ya know.