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Equipment Boards => Motiv => Topic started by: ccrider on April 06, 2016, 03:39:38 PM

Title: Motiv Litigation
Post by: ccrider on April 06, 2016, 03:39:38 PM
For those of you interested, suit has been filed against Motiv seeking an order requiring Motiv to pay for replacement of the balls, along with incidental and consequential damages, which would include the cost of drilling.  Motiv was served March 30, 2016.

CC
Title: Re: Motiv Litigation
Post by: BowlingforSoup on April 06, 2016, 03:46:52 PM
Oh boy and the plot thickens.I knew I was gonna have some more reading material.Maybe 3 or 4 years from now you may get your drilling payed for.Whewwww
Title: Re: Motiv Litigation
Post by: Good Times Good Times on April 06, 2016, 03:56:05 PM
Suit filed by 12X and WOWZERS?   :-X
Title: Re: Motiv Litigation
Post by: Aloarjr810 on April 06, 2016, 04:01:50 PM
Check out the Ball Exchange Program Legal Release.

Basically says you want your ball replaced by the Ball Exchange Program , you can't be a party in a suit.

https://www.motivbowling.com/company/ball-exchange-program-legal-release.html (https://www.motivbowling.com/company/ball-exchange-program-legal-release.html)
Title: Re: Motiv Litigation
Post by: Ken De Beasto on April 06, 2016, 04:04:48 PM
Come on now dont be mad guys its the American way to sue.
Title: Re: Motiv Litigation
Post by: WOWZERS on April 06, 2016, 04:11:37 PM
Nope not me. I did not go that far.
Title: Re: Motiv Litigation
Post by: tkkshop on April 06, 2016, 04:12:27 PM
Nope not me. I did not go that far.
I apologize then, sir
Title: Re: Motiv Litigation
Post by: milorafferty on April 06, 2016, 04:13:40 PM
There must be a scumbag lawyer somewhere who is a bowler.
Title: Re: Motiv Litigation
Post by: Aloarjr810 on April 06, 2016, 04:22:21 PM
Here's who

IN THE CIRCUIT COURT OF WALKER COUNTY, ALABAMA
CHARLES CLYDE TATUM, JR., )
individually and on behalf of other )
similarly situated persons, )
)
Plaintiff,

CHARLES CLYDE? CCrider is that you?
Title: Re: Motiv Litigation
Post by: tkkshop on April 06, 2016, 04:25:42 PM
Charles Clyde Tatum Jr is some piss poor law office on Alabama. Look them up, "Permanently Closed" per google.
Title: Re: Motiv Litigation
Post by: Steven on April 06, 2016, 04:43:59 PM
Charles Clyde Tatum Jr is some piss poor law office on Alabama. Look them up, "Permanently Closed" per google.

 
It's Mr. Tatum's right to sue to be made whole. I wouldn't personally participate in this class action suit, but his complaint does have merit. I've been the target of "scumbag lawyers", and this doesn't fit the profile.
 
Anyway, this has the potential to be made into a John Grisham thriller.  :)
Title: Re: Motiv Litigation
Post by: milorafferty on April 06, 2016, 04:47:37 PM
Charles Clyde Tatum Jr is some piss poor law office on Alabama. Look them up, "Permanently Closed" per google.

 
It's Mr. Tatum's right to sue to be made whole. I wouldn't personally participate in this class action suit, but his complaint does have merit. I've been the target of "scumbag lawyers", and this doesn't fit the profile.
 
Anyway, this has the potential to be made into a John Grisham thriller.  :)


You will have to excuse my prejudice, I see lawyer, I automatically think scumbag.  ;D
Title: Re: Motiv Litigation
Post by: tkkshop on April 06, 2016, 05:36:26 PM
Charles Clyde Tatum Jr is some piss poor law office on Alabama. Look them up, "Permanently Closed" per google.

 
It's Mr. Tatum's right to sue to be made whole. I wouldn't personally participate in this class action suit, but his complaint does have merit. I've been the target of "scumbag lawyers", and this doesn't fit the profile.
 
Anyway, this has the potential to be made into a John Grisham thriller.  :)
my piss poor comment was in reference to their 2 star rating online. Thanks
Title: Re: Motiv Litigation
Post by: nextbowler on April 06, 2016, 07:13:20 PM
You have never heard of someone sueing because of a principle?  Money is not always the root cause of litigation.  Motiv should be responsible for all costs in replacing their production of an illegal ball.
Title: Re: Motiv Litigation
Post by: psycaz on April 06, 2016, 08:11:54 PM
How does that saying go?

The only ones to get money in a class action lawsuit are the lawyers.

For those who file as part of this, Good luck with that. Got a feeling you're gonna need it.
Title: Re: Motiv Litigation
Post by: cheech on April 06, 2016, 09:31:45 PM
Motiv should be responsible for all costs in replacing their production of an illegal ball.

they are.... they are replacing their product, the ball. they sold you the ball. the proshop sold you the drilling service. drilling the ball is not a condition of the purchase and motiv did not force you to pay the proshop to drill it. they are fulfilling their obligation and responsibility of replacing the illegal product they sold you.
Title: Re: Motiv Litigation
Post by: Ken De Beasto on April 06, 2016, 09:40:31 PM
Well I never said your opinion was not welcome . all I said was a comment on how ya treating folks who don't agree with your opinion. I support motiv they have done everything right for its customer. Although I don't agree with wowser next subject doesn't mean I have to call him names or question his integrity .
Oh if we bringing up politics nah I'm all for trump he's the real deal.
Title: Re: Motiv Litigation
Post by: Ken De Beasto on April 06, 2016, 09:52:31 PM
I understand I was commenting that ur savage no remorse ya speak the truth no hidden agenda like trump haha. I didn't say you should stop I made the comment about the ball review street as a joke like a meme.
Title: Re: Motiv Litigation
Post by: TDC57 on April 06, 2016, 10:04:45 PM
:)
Title: Re: Motiv Litigation
Post by: TheGom on April 07, 2016, 12:01:44 AM
And I thought it was the name of their new ball....silly me
Title: Re: Motiv Litigation
Post by: 12XSECH on April 07, 2016, 06:43:53 AM
Probably a bernie supporter...that case will be thrown out...PS I support Motiv...its the usbc that should sued.
Title: Re: Motiv Litigation
Post by: Gene J Kanak on April 07, 2016, 07:17:00 AM
Probably a bernie supporter...that case will be thrown out...PS I support Motiv...its the usbc that should sued.

Well, go ahead and file suit against the USBC so that you can be the one laughed out of court after wasting lots of time and money. Good luck with that.
Title: Re: Motiv Litigation
Post by: tkkshop on April 07, 2016, 07:39:47 AM
Probably a bernie supporter...that case will be thrown out...PS I support Motiv...its the usbc that should sued.

Well, go ahead and file suit against the USBC so that you can be the one laughed out of court after wasting lots of time and money. Good luck with that.
With a good lawyer, it's a case that can be won. Hell, look at OJ...
Title: Re: Motiv Litigation
Post by: Ken De Beasto on April 07, 2016, 07:41:15 AM
Haha I cant help but to chuckle but where did these political claims come out of hahahaha. Is calling someone a bernie or hilary or trump etc supporter the new way to insult some1 instead of the regular ole curse words.
Title: Re: Motiv Litigation
Post by: tkkshop on April 07, 2016, 08:15:56 AM
Haha I cant help but to chuckle but where did these political claims come out of hahahaha. Is calling someone a bernie or hilary or trump etc supporter the new way to insult some1 instead of the regular ole curse words.
yes. If you call me a Bernie or Hilary supporter, you might as well spit in my face. Call me a curse word, ah no biggie. I've been called worse.
Title: Re: Motiv Litigation
Post by: 12XSECH on April 07, 2016, 08:41:08 AM
The Bernie people want everything for free....including drilling! Hillary people will just steal a ball and lie about it or blame it on a video.
Title: Re: Motiv Litigation
Post by: lefty50 on April 07, 2016, 09:20:56 AM
There's actually a high correlation between political philosophy and expectations on this type of situation. It's quite valid.
Title: Re: Motiv Litigation
Post by: Good Times Good Times on April 07, 2016, 09:27:14 AM
There's actually a high correlation between political philosophy and expectations on this type of situation. It's quite valid.

I am certainly considered a liberal and I don't think Motiv is responsible for the drilling costs (they are responsible for replacing the ball).

ON EDIT:  I'll clarify that I will not vote for Hillary, ever.
Title: Re: Motiv Litigation
Post by: Gene J Kanak on April 07, 2016, 10:05:55 AM
The Bernie people want everything for free....including drilling! Hillary people will just steal a ball and lie about it or blame it on a video.

Well, I'm glad our resident expert on all things cleared that up for us. Does anyone have any questions? 12, how do you handle the burden of being so much smarter than everyone else? It must be quite a burden.  ::)
Title: Re: Motiv Litigation
Post by: WOWZERS on April 07, 2016, 10:14:53 AM
I have been the one arguing for Motiv to include drilling for everyone, and I am a registered Republican. I will note as Good Times did, I will NEVER vote for Cruz. Its either Trump or Kasich or independent.

I have no idea what I would do if its Hillary and Cruz and nobody else. Probably not vote. I don't see Sanders getting enough delegates to make it.
Title: Re: Motiv Litigation
Post by: Good Times Good Times on April 07, 2016, 10:38:19 AM
I have been the one arguing for Motiv to include drilling for everyone, and I am a registered Republican. I will note as Good Times did, I will NEVER vote for Cruz. Its either Trump or Kasich or independent.

I have no idea what I would do if its Hillary and Cruz and nobody else. Probably not vote. I don't see Sanders getting enough delegates to make it.

I'll likely be voting 3rd party.  Bernie is the only one in the general I'd vote for and as you've noted, he's likely not going to get the nomination.........so 3rd party it will be, for me.
Title: Re: Motiv Litigation
Post by: 12XSECH on April 07, 2016, 12:12:13 PM
Kanak, it's no burden....just thinking must be your burden.
Title: Re: Motiv Litigation
Post by: Snakster on April 07, 2016, 02:06:36 PM
Probably a bernie supporter...that case will be thrown out...PS I support Motiv...its the usbc that should sued.

Well, go ahead and file suit against the USBC so that you can be the one laughed out of court after wasting lots of time and money. Good luck with that.
With a good lawyer, it's a case that can be won. Hell, look at OJ...

Agreed.  I would wager that the LAST thing USBC would want would be to have some lawyer do discovery on this. 
Title: Re: Motiv Litigation
Post by: Strapper_Squared on April 07, 2016, 02:24:28 PM
Oh...  I thought this was going to be the coolest named new release out there...
Title: Re: Motiv Litigation
Post by: cory867 on April 07, 2016, 02:42:25 PM
Probably a bernie supporter...that case will be thrown out...PS I support Motiv...its the usbc that should sued.

Well, go ahead and file suit against the USBC so that you can be the one laughed out of court after wasting lots of time and money. Good luck with that.
With a good lawyer, it's a case that can be won. Hell, look at OJ...

Agreed.  I would wager that the LAST thing USBC would want would be to have some lawyer do discovery on this. 

you guys must be smoking something good.  USBC followed the rules.  It would not get overturned baring new evidence to suggest otherwise. 
Title: Re: Motiv Litigation
Post by: mstevens on April 07, 2016, 04:35:08 PM
i hardly post here.

if motiv is deemed liable, what happens to the company/staff/prostaff?

chapter 11?

people whining about drilling fees, i would charge a drill fee and i don't care if they supply grips/slugs. i support a family in my shop not free bees.

so, if motiv is found liable, although highly unlikely, kiss the products and staff goodbye. whoever started this lame pathetic class action, good luck.
Title: Re: Motiv Litigation
Post by: tkkshop on April 07, 2016, 06:40:37 PM
Probably a bernie supporter...that case will be thrown out...PS I support Motiv...its the usbc that should sued.

Well, go ahead and file suit against the USBC so that you can be the one laughed out of court after wasting lots of time and money. Good luck with that.
With a good lawyer, it's a case that can be won. Hell, look at OJ...

Agreed.  I would wager that the LAST thing USBC would want would be to have some lawyer do discovery on this. 

you guys must be smoking something good.  USBC followed the rules.  It would not get overturned baring new evidence to suggest otherwise.
did USBC follow the rules?
Title: Re: Motiv Litigation
Post by: BallReviews-Removed0385 on April 08, 2016, 04:04:47 AM

This is just plain silly!!

All this over a bowling ball?  We definitely need to get some PERSPECTIVE over this whole thing.  I'm not affected personally, but if I were I'd be satisfied with the replacement ball AND MOVE ON. 

Life isn't perfect.  Bowling isn't perfect.  No company (Motiv included) is perfect because it's staffed by people.  People just like you and I.  Not every "injustice" in life is law suit worthy.  Our courts are over-burdened enough with real issues.  Call me old-fashioned, but this is just plain silly...
 
Title: Re: Motiv Litigation
Post by: tkkshop on April 08, 2016, 06:07:16 AM

This is just plain silly!!

All this over a bowling ball?  We definitely need to get some PERSPECTIVE over this whole thing.  I'm not affected personally, but if I were I'd be satisfied with the replacement ball AND MOVE ON. 

Life isn't perfect.  Bowling isn't perfect.  No company (Motiv included) is perfect because it's staffed by people.  People just like you and I.  Not every "injustice" in life is law suit worthy.  Our courts are over-burdened enough with real issues.  Call me old-fashioned, but this is just plain silly...
 
+1 on the ole respect meter
Title: Re: Motiv Litigation
Post by: 12XSECH on April 08, 2016, 06:35:00 AM
Bowling and society run hand in hand...The bernie and clinton people see people wanting free stuff, they see people supporting thugs and gangs and get away with it...People see other people getting the obama phone so now they want a freebie...When the so called "leaders" of this country want "free" stuff...How do you think the "people" will act? (and I use the term people loosely) Here is the fact plain and simple...You are getting a FREE replacement ball of your choice. If you dont have the money to drill it you probably shouldnt be bowling in the first place. Look for a second job or a job that pays more. 
Title: Re: Motiv Litigation
Post by: Snakster on April 08, 2016, 06:48:26 AM
Probably a bernie supporter...that case will be thrown out...PS I support Motiv...its the usbc that should sued.

Well, go ahead and file suit against the USBC so that you can be the one laughed out of court after wasting lots of time and money. Good luck with that.
With a good lawyer, it's a case that can be won. Hell, look at OJ...

Agreed.  I would wager that the LAST thing USBC would want would be to have some lawyer do discovery on this. 

you guys must be smoking something good.  USBC followed the rules.  It would not get overturned baring new evidence to suggest otherwise.
did USBC follow the rules?
This is the $64 question. 

Do they have a regular spot checking program in place per the specification guide?  If so, what were previous results for jackal? Or did they just happen to "randomly select" the jackal and jackal carnage at the same time (one of them a full year and a half since release)?  What other brands have they spot checked since the inception of the program?  Do they have calibration report on the swing tester per their SOP?  What is the validated sensitivity of the testing procedure?  Would the hand alignment of the ball in the swing adversely affect the outcome if it was off by 1/16th of an inch (which is thinner than the line drawn on the ball with the grease pencil) or even less?  You can't tell me they had "periodically obtain(ed) ball samples through the normal chains of distribution and they (were) tested" for the original Jackal for the year and a half prior to the recent results.  This belies their assertion that they actually have a program in place.  If they did field test the jackal before and it passed, then how can they justify banning all now?  If they can't demonstrate that they do this regularly across all brands and models (as stated in their release and outlined in manual), then is this arbitrary and capricious?  In the real world, most people may not care or see a difference.  In the legal world, they do.


(I can't believe I just got sucked back into this. I had done so well to just "passively observe from now on".  The curse of being a geek I guess.)
Title: Re: Motiv Litigation
Post by: BowlingforSoup on April 08, 2016, 07:18:10 AM
I am sure lots are keeping up with all this.How about somebody sending a case of Legends Gold Diamond bowling ball and say SPIN ME..Here's a quote about this ball.The very Popular Dynasty Weight Block from the Black Pearl Line has emerged with the highest allowable Differential of .060. This is due to the new coverstock density versus weight block density. Be prepared to hit the pins very hard with this phenomenal ball.
Title: Re: Motiv Litigation
Post by: Gene J Kanak on April 08, 2016, 08:07:51 AM
I am sure lots are keeping up with all this.How about somebody sending a case of Legends Gold Diamond bowling ball and say SPIN ME..Here's a quote about this ball.The very Popular Dynasty Weight Block from the Black Pearl Line has emerged with the highest allowable Differential of .060. This is due to the new coverstock density versus weight block density. Be prepared to hit the pins very hard with this phenomenal ball.

If the Motiv situation really did come about due to an anonymous note and case of balls being sent to USBC, it means that someone had to have been tipped off that the Jackals and Carnages were coming out out of spec. That information would almost certainly have had to originate from someone at Motiv or someone connected to a Motiv insider because it's not like anyone would've been suspicious just from watching those balls roll down the lane.

That's the part that I don't think has been explored or discussed. Many people on here have speculated that Mo Pinel was behind the "spin me" case being sent to USBC (if that's really what happened). Okay, so let's say it was Mo. Since there are quite a few balls that push those upper limits, why would Mo have gravitated toward the Jackals and Carnages? How did he know? I've heard cases of ball manufacturers tearing apart other companies' balls to see what makes them tick, so I guess it could've gone that way, but that seems awfully convenient, don't you think?

Long story short, Soup, if someone or some group has a reason to believe the Black Pearls are going to test over the limit, perhaps they will try to bring it to USBC's attention. Still, to me, it seems like someone on the inside had to have known the dirt on the Motiv balls because, as we've all said over and over again, there would be no reason to suspect anything just by watching them roll. Those balls are good, but they weren't giving people anything that hadn't been seen before. 
Title: Re: Motiv Litigation
Post by: Gene J Kanak on April 08, 2016, 08:15:31 AM
Bowling and society run hand in hand...The bernie and clinton people see people wanting free stuff, they see people supporting thugs and gangs and get away with it...People see other people getting the obama phone so now they want a freebie...When the so called "leaders" of this country want "free" stuff...How do you think the "people" will act? (and I use the term people loosely) Here is the fact plain and simple...You are getting a FREE replacement ball of your choice. If you dont have the money to drill it you probably shouldnt be bowling in the first place. Look for a second job or a job that pays more.

Can you generalize any more? While I haven't planted a flag in either Bernie's or Hillary's camps, my views definitely tend to be more liberal; nevertheless, I work for a living, and I don't want, need, or expect any freebies or handouts from anyone or anything. Assuming that anyone with liberal views is broke, lazy, and wanting handouts is like saying that all conservatives are racist, gun-loving, hate mongers. That's one my problems with you and many others around here; you lump everything in together instead of taking things on a case-by-case basis. Morpheus pulls the same crap, especially when discussing anything that has to do with USBC.

Some people think Motiv is 100% at fault in this, so they shouldn't have to pay for the drilling and accessory fees. That view has nothing to do with being liberal or conservative. Personally, if I were a Motiv customer, I wouldn't expect the company to pay for my drilling fees on this since they don't pay for them with any other ball replacement situation, but that's just me. My political views have nothing to do with this. Not all liberals are this, and not all conservatives are that. Judge people and situations on a case-by-case basis; stop generalizing!
Title: Re: Motiv Litigation
Post by: psycaz on April 08, 2016, 08:20:49 AM
I believe the speculation was that if it was them, they were getting ready to do a comparison video between a Radical piece and these. Checked the jackals and carnages they bought and found them out of spec.
Title: Re: Motiv Litigation
Post by: BowlingforSoup on April 08, 2016, 08:29:02 AM
I am just glad to see USBC show concern.If only they would take away these 15 dry boards and put some skill back in the game.Glad to see my 21$ at work.And don't say they do with sport patterns.In my town you mention sport patterns and I would be bowling in a one man league.
Title: Re: Motiv Litigation
Post by: Gene J Kanak on April 08, 2016, 08:44:33 AM
I am just glad to see USBC show concern.If only they would take away these 15 dry boards and put some skill back in the game.Glad to see my 21$ at work.And don't say they do with sport patterns.In my town you mention sport patterns and I would be bowling in a one man league.

I've typically sided with USBC on that issue only in as much as bowlers/proprietors have always been given the freedom to make conditions as easy or difficult as they want them. Like you said, it's the bowlers who really don't seem to want challenging patterns; that's why programs like Sport failed. When it really came down to it, too few bowlers actually wanted that challenge.

However, as I've thought about it more as time has gone on, I agree with you. USBC, as the governing body, needed to accept the role of being the "bad guy" so to speak and mandate conditions standards. Still, I can see why they didn't/haven't. With membership already declining, they are afraid that a move like that would send a huge number of bowlers away, which is something the organization couldn't survive. As such, they're opted for the slow bleed as opposed to risking the kill shot.
Title: Re: Motiv Litigation
Post by: BMFOBR on April 21, 2016, 10:06:22 AM
i hardly post here.

if motiv is deemed liable, what happens to the company/staff/prostaff?

chapter 11?

people whining about drilling fees, i would charge a drill fee and i don't care if they supply grips/slugs. i support a family in my shop not free bees.

so, if motiv is found liable, although highly unlikely, kiss the products and staff goodbye. whoever started this lame pathetic class action, good luck.

Whining is what bowlers do best.  Shot's unfair, handicap's unfair, dues are too much, can't find scratch league, Motiv made a mistake but they aren't fixing it fast enough, blah blah blah.  The way some bowlers are acting about this Motiv affair is embarrassing.  Some of you need to turn in your man cards and just go away.  You're getting a replacement ball so shut up and suck it up, buttercups.   
Title: Re: Motiv Litigation
Post by: ICDeadMoney on April 21, 2016, 10:59:06 AM
I am just glad to see USBC show concern.If only they would take away these 15 dry boards and put some skill back in the game.Glad to see my 21$ at work.And don't say they do with sport patterns.In my town you mention sport patterns and I would be bowling in a one man league.

I've typically sided with USBC on that issue only in as much as bowlers/proprietors have always been given the freedom to make conditions as easy or difficult as they want them. Like you said, it's the bowlers who really don't seem to want challenging patterns; that's why programs like Sport failed. When it really came down to it, too few bowlers actually wanted that challenge.

However, as I've thought about it more as time has gone on, I agree with you. USBC, as the governing body, needed to accept the role of being the "bad guy" so to speak and mandate conditions standards. Still, I can see why they didn't/haven't. With membership already declining, they are afraid that a move like that would send a huge number of bowlers away, which is something the organization couldn't survive. As such, they're opted for the slow bleed as opposed to risking the kill shot.

The decision to throw away the integrity of the sport wasn't due to people potentially stopping league bowling.

That decision was forced on the ABC/USBC by the BPAA which threatened to self sanction their leagues if the ABC/USBC didn't come up with a rule where proprietors could make the conditions easier to attract more business, while not risking having honor scores declined.

The reason ABC/USBC should have said no is because the "new" business the easy conditions would attract wasn't from non-bowlers who decided to bowl because of easy conditions, it was by proprietors taking existing bowlers from near by proprietors.

Easy conditions were in the self interest of the proprietor implementing them, not in the interest of bowling in general.

ABC/USBC rather than protecting the integrity of the sport, only protected their own paychecks.

Title: Re: Motiv Litigation
Post by: Freddy on April 21, 2016, 01:34:02 PM
I still think that Motiv Litigation should be the name of their next ball!