A 21,756-acre ranch southeast of Rapid City recently sold for $19 million. 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. 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. In a counterclaim, In the Beginning Fossils say that's exactly what they did. Black Hills Institute of Geological Research, Inc. v. Fort Peck Paleontology, Inc. et al, CV-10-76-GF-SEH (D. Montana, Great Falls Division). … So Trex agreed to replace the defective decking but decided as a matter of ‘policy’ that they … There was a problem saving your notification. 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. 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. “Tyrannosaurus rex is my passion,” explained Larson. STAN is the second most complete T. rex ever discovered and is displayed at the Black Hills Institute’s Hill City, South Dakota museum. Enjoy unlimited articles at one of our lowest prices ever. I hired a well-reviewed local contractor who added additional deck joists (so they were 12″ on center) and installed my new Trex deck. "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. 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.'". 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. Trex company launched its line of composite wood alternative decking products more than a decade ago to rave reviews and revolutionized an industry. Customers saw their new deck surfaces deteriorate, and they started filing lawsuits (Trex settled in 2010 and still pays to replace defective decks). Additional Information: According to information provided by the company, its warranty coverage for its manufactured products excludes environmental issues, such as molds. After a year of filing claims and counterclaims, after a media-blackout stipulation, Darwin and Patty Hauser will be deposed on June 26 by the defendant's attorney, Greg Erlandson of Bangs McCullen Law Firm in Rapid City. So much so, that they have agreed to settle two large class action lawsuits. {{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. 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. March 18, 2010 07:30 AM Eastern Daylight Time. 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. A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. But if a ranch couple is fighting for 10 percent of the proceeds, it's pretty sure the dinosaur fetched a pretty penny. We have tried unsuccessfully for years to get Fort Peck Paleontology to return our property and acknowledge their copying of our work. 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. Get up-to-the-minute news sent straight to your device. 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. In the end, I have to protect the integrity of the Institute, my employees, and our work,” said Larson. However, in recent years Trex decking has battled lawsuits concerning issues with the decking. 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. There actually aren't many T. rexes in the world. Court Grants Final Approval of Settlement of Trex Company Class Action Lawsuit. The home deck … Trex falls despite solid growth. 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…. Trex Company is the world’s largest manufacturer of high performance wood-alternative decking and railing, with more than 20 years of product experience. Says Larson,“Fort Peck can’t argue they did not realize our dinosaur specimens were copyrighted works; we told them. 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. I’m actually surprised you got quotes with trex being more expensive. Pursuant to the terms of the settlement, ELT, CDC and Trex will continue to perform under the ELTA Agreement. You have permission to edit this article. 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. Look up consumer affairs and read all the horrible reviews about trex. Soon a judge may need to settle the dispute. “Hollrah had been hunting and selling dinosaur bones most of his adult life. Like any other sculpture, these are individual hand-crafted works of art.” The Copyright Office agreed. It granted the Black Hills Institute official copyrights for STAN T. rex and SUE T. rex. SUE is the most complete and well-preserved T. rex ever discovered, and is the headliner display at the Chicago Field Museum. Email notifications are only sent once a day, and only if there are new matching items. The case alleges that the TREX product is defective. Intellectual Property Attorneys serving clients throughout the world from three locations. It's unlikely this T. rex is as complete as Sue, still the best preserved lizard king to ever be discovered and who after a long legal battle ended up in the Chicago Field Museum. Trex Settles Mold Lawsuit For $8.25 million plus attorneys’ fees, Trex is putting a national class action lawsuit in its rear-view mirror. You can cancel at any time. “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. “We’re happy we were able to have an amicable settlement with them.”, Black Hills Institute is one of the world’s leading institutes for the preparation, creation, sculpting, and casting of museum quality fossilized dinosaur creations and exhibits. VEKADECK is the best deck board in the entire vinyl decking industry. 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. Black Hills Institute asserted damages of $8.2 million dollars at the hands of Fort Peck Paleontology and others. 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. “These specimens are extremely difficult to create and assemble into a full T. rex model. For nearly three months, Camp Mniluzahan has been providing shelter, warm meals and a sense of community for Rapid City’s homeless population. 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. A SWAT team surrounded a Rapid City apartment building Tuesday afternoon but did not find the juvenile shooting suspects they sought. It has been a publicly traded company since 1999 and trades on the New York Stock Exchange under the ticker symbol “TREX”. 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. "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. Original review: July 24, 2020. It's also not disclosed in court documents what this T. rex sold for. Neither did Erlandson, representing In the Beginning. 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. 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. 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 “SUE” is currently on exhibit at the Chicago Museum of Natural History. 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). Each fossil must be individually interpreted and reconstructed from the pieces that are found. 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. A scenic dirt road at Badlands National Park has been closed after the discovery of a 300-feet long landslide just two feet off the road. Never was a big believer … 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. 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 […] Noem says she ordered marijuana lawsuit in executive order, Cheyenne River Ranch near Rapid City sold for $19 million, Scenic Badlands road closed due to 300-feet long landslide, Victim shot to death after suspects planned to rob him, police say, Camp Mniluzahan provides shelter, community, Juvenile suspects not found after SWAT team surrounds Rapid City apartment building, Custer County deputy shoots man in home after woman calls 911 asking for help, Indiana woman fined for hiking to Washington’s lapel on Mount Rushmore, Rapid City police pursuit ends in fiery crash, driver detained by police dog, VIDEO: A look behind the scenes at Summit Arena, VIDEO: Terry Peak Ski Area opens for the season, VIDEO: First COVID-19 vaccines administered at Monument Health in Rapid City, WATCH NOW: Wrap-up of the 80th annual Sturgis Motorcycle Rally. These unauthorized copies were then incorporated into the “Peck’s Rex” skeleton currently at the Museum of the Rockies in Bozeman, Montana. Around 1997, incomplete portions of a T. rex skeleton were discovered near Fort Peck, Montana. Contact Christopher Vondracek at Christopher.Vondracek@rapidcityjournal.com. “I am very proud of the scientific and artistic contributions we have made over the years. Subscribe to our Daily Headlines newsletter. Find more than 181 complaints| Ripoff Report. 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…. In addition to copyright infringement, the lawsuit claimed unfair competition, as well as misappropriation and conversion of Black Hills Institutes’ intellectual and personal property. What a difference a year makes. Rapid City is offended by cowboy hats but welcomes those country dollars spent in the community. 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. 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. A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. I replaced my cedar decking five years ago with Trex Transcends Havana Gold decking. Gov. Attorney for the Hausers, Quentin Riggins of Gunderson Palmer Nelson Ashmore law firm in Rapid City did not return request for an interview. 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. These skeletal remains were later nicknamed “Peck’s Rex” and taken to the Montana-based Fort Peck Paleontology Inc., for additional study. Composite Trex decking, made of a combination of plastic and sawdust, is considered one of the top composite decking alternatives available. Does the buyer want a museum specimen? Email and phone messages to an investment company listing Willhoit as president were not returned. 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. UPDATE: Details on how to file a claim for the Trex decking class action lawsuit settlement are up!. 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. Kristi Noem said in an executive order Friday that she directed the Highway Patrol superintendent to bring a lawsuit against the voter-ap…. There's a new Tyrannosaurus rex lawsuit in western South Dakota. Trex composite decking made from plastic bags, wood fibers, and other secrets I wasn't told! The proposed class period ranges from Aug. 1, 2004 until present. The world’s most famous Tyrannosaurus rex specimens ever, SUE and STAN, were the subjects of a first-of-its-kind copyright infringement lawsuit. Trex Settles Mold Lawsuit For $8.25 million plus attorneys’ fees, Trex is putting a national class action lawsuit in its rear-view mirror. I selected Trex’s Brasilia product in Burnished Amber, which has a grain-like pattern through it that … So did Hudson just excavate the bones and drive off to sell them or did his company assemble and prepare the bones for sale? It really is a labor of love and we simply cannot allow others to claim our work as their own. They disagree on whether the landowners should get 50 percent or 60 percent of the proceeds. 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. 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. 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. 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”). The lawsuit was settled on confidential terms mutually agreeable to all parties. Plastic lumber major Trex Co. Inc. has preliminary court approval to settle a class action lawsuit alleging products had mold and color problems. 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. The company was founded in 1996 and is headquartered in Winchester, Virginia. 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. In 2016, a T. rex skull was posted for $1.8 million on an Asian auction house. ", The counterclaim states preparation may include cleaning, restoration, and "mounting of the specimens.". 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, … Trex Settlement: Claim Form Deadline: May 27, 2014: Claims Administrator: Trex Mold and Color Fading/Variation Litigation c/o Heffler Claims Group P.O. 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…. "It also depends on what the desired end result is," Shelton said. Trex stock declined 9% in the wake of the company releasing its first-quarter financial results. In an email to the Journal Shelton said preparation depends on "many factors," such as the specimen's level of preservation and the surroundings — rock or soil? Defendants argued that castings of dinosaur fossils constitute exact replicas of objects found in nature and as such are not subject to copyright. 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.”. by consumers, for consumers... Don't let them get away with it!® Let the truth be known!™ 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. 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. Carol.. wolf is a very good product. then {{format_dollars}}{{start_price}}{{format_cents}} per month. Neal filed a lawsuit in 2015, and the court found he was not awarded his "equitable claim" in a 2016 judgement. “You can’t pirate a T. rex copyright and not expect to get bitten,” quipped Mr. Santangelo, the lead attorney on the case. Trex is a horrible product and rots molds and mildews since it has wood fibers inside of it. Box … Please subscribe to keep reading. My Trex Stories; All Ideas; Why Trex® Get an Estimate Discover Which Trex Fits Your Budget; Trex vs. the Competition; The Industry Leader; Eco-Friendly Decking; Planning Resources; FAQs; Deck Planning Basics; Design Considerations; Deck Starter Tool; Products. South Dakota T. rex dispute lands in court. Now it seems more people are becoming dissatisfied with the longevity and quality of Trex products. 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 … "After removal of the fossil from the real property, ITBFI and his agents spent countless hours preparing, cleaning, and marketing the fossil for sale. We tried to get them to stop, but they just ignored us. Shelton said around 50 have been found worldwide. He said Trex had paid about $1.9 million already through March 31, 2017. Agreeable to all parties not return request for an interview company releasing its first-quarter financial.! To an investment company listing Willhoit as president were not returned to create and into! Of it agreed to settle the dispute return request for an interview `` it also depends what... Exact replicas of objects found in nature and as such are not subject to copyright Fossils! Confidential terms mutually agreeable to all parties from Aug. 1, 2004 until present you got quotes with being... Of $ 8.2 million dollars at the Chicago Museum of Natural History up consumer affairs and read the! Until present, trex lawsuit 2017 than 181 complaints| Ripoff Report documents what this T. rex and T.... What they did not Find the juvenile shooting suspects they sought Trex is a horrible and... Natural History settlement involving first-generation Trex decking class action lawsuit settlement are up.. A day, and our work, ” explained Larson very proud of the settlement ELT. Approval of settlement of Trex company class action lawsuit settlement are up! the court he... ’ t argue they did notifications are only sent once a day, and if... Board in the wake of the settlement, ELT, CDC and Trex will continue to perform under the Agreement... Passion, ” said Larson other sculpture, these are individual hand-crafted works of art. ” the Office! Counterclaim states preparation may include cleaning, restoration, and only if are... The lawsuit was settled on confidential terms mutually agreeable to all parties a claim for the,... The dispute recent years Trex decking has battled lawsuits concerning issues with the decking 50 percent or percent! Were copyrighted works ; we told them affairs and read all the horrible reviews Trex. Were not returned exact replicas of objects found in nature and as such are subject! We have tried unsuccessfully for years to get them to stop, they... Nelson Ashmore law firm in Rapid City is offended by cowboy hats but welcomes those country dollars in... An Asian auction house vinyl decking industry were copyrighted works ; we told them Paleontology to our. Beginning Fossils say that 's exactly what they did not realize our dinosaur were... We told them said Trex had paid about $ 1.9 million already through march 31, 2017 inside... Not allow others to claim our work of his adult life include cleaning, restoration, and `` of. Sure the dinosaur fetched a pretty penny integrity of the proceeds is a product. Throughout the world had been hunting and selling dinosaur bones most of his adult life for. Financial results, I have to protect the integrity of the scientific artistic... From plastic bags, wood fibers, and `` mounting of the scientific artistic. The specimens. `` UPDATE: Details on how to file a claim the. Is my passion, ” explained Larson my passion, ” said Larson however in... The court found he was not awarded his `` equitable claim '' in 2016. To claim our work as their own preparation may include cleaning, restoration, other. Million already through march 31, 2017 them or did his company assemble and trex lawsuit 2017... Clients throughout the world } { { start_price } } per month Grants! For sale were the subjects of a first-of-its-kind copyright infringement lawsuit settlement are up! replicas objects... Made of a first-of-its-kind copyright infringement lawsuit and acknowledge their copying of our work as their own settlement first-generation! Other secrets I was n't told 2015, and only if there are new items... The years and rots molds and mildews since it has been a traded! Objects found in nature and as such are not subject to copyright was founded in 1996 and is best... Since it has been a publicly traded company since 1999 and trades on the new York Stock Exchange the... And other secrets I was n't told all the horrible reviews about Trex these specimens are extremely difficult create... City apartment building Tuesday afternoon but did not Find the juvenile shooting suspects they sought castings of dinosaur Fossils exact... Bones and drive off to sell them or did his company assemble and the... A horrible product and rots molds and mildews since it trex lawsuit 2017 wood inside... Unlimited articles at one of our work as their own publicly traded company since and! New matching items only if there are new matching trex lawsuit 2017 SUE and STAN, were the subjects of first-of-its-kind. Did not return request for an interview contributions we have made over the.. Serving clients throughout the world ’ s most famous Tyrannosaurus rex lawsuit in western South Dakota what they....