Springfield, MO

Bolivar law firm discloses $61M settlement

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Douglas, Haun & Heidemann PC won a large class-action lawsuit against a U.S. defense contractor.

The Bolivar law firm yesterday provided court documents to Springfield Business Journal showing it argued successfully for a $61 million settlement this summer against New York City-based L3 Technologies Inc., formerly known as L-3 Communications Corp. Members of the class-action suit began receiving their settlement payments in mid-September, and no additional claims can be be filed, according to DHH.

Tyler Foster, owner of Foster Insurance Group LLC, in December 2015 hired DHH attorneys Craig Heidemann and Nathan Duncan to seek a class-action suit over claims L3 sold defective combat optical sights through its EOTech unit. The suit claimed violations of the Magnuson-Moss Warranty Act, which governs warranties on consumer products, and the Missouri Merchandising Practices Act, which protects consumers in cases of unfair or false commerce practices. At the time, the suit sought $5 million, the minimum amount under the Class Action Fairness Act, according to SBJ archives.

According to a news release from DHH, Western District of Missouri Judge Brian Wimes gave preliminary approval to the settlement in February and the final green light in July.

Of the settlement, $51 million goes to class members and $10 million pays attorney’s fees. Five other attorneys from separate law firms joined the class-action suit with DHH after it originally sued L3 in December 2015. All shared the $10 million portion.

Through the suit, class members are receiving refunds and additional compensation for EOTech brand holographic weapon sights they bought between 2004 and this year. The sights had alleged defects, including moisture issues, thermal drift and reticle fade, according to the release.


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