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Dolphinite - Class Action Suit Filed

Old 08-20-2003, 06:42 PM
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Default Dolphinite - Class Action Suit Filed

I finally had my boat pulled today as I was was losing speed over the last few weeks. Barnacles and growth from stem to stern. My yard applied the Dolphinite in the spring. So much for 14 months of coverage!! As it was said many times on this board, it seemed to good to be true.

I called the attorney who put out that notice a few weeks ago about possibly initiating a class action suit. He sent me a copy of a press release indicating that the suit was filed today against Dolphinite and The Clean Seas Company. He's sending me some paperwork so I can join in the action.

His name is John Fulweiler and he seems to be for real. His firm, DeOrchis & Partners, New York, NY, is well known in the maritime industry here in NY. He himself holds a USCG Masters ticket with the commercial towing endorsement. I'm probably going to sign up.

As a disclaimer, I never spoke to John before today and have no relationship with his law firm. I'm passing this along because I know I'm not the only one on this board who bought the paint and felt the pain.

Capt. Michael


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Old 08-20-2003, 06:45 PM
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Default Dolphinite - Class Action Suit Filed

The only one who will get any $ is the attorney
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Old 08-20-2003, 06:53 PM
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Default Dolphinite - Class Action Suit Filed

here's the press release. apparently the lawyer's been trolling THT for email addresses:

PRESS RELEASE

NATIONWIDE CLASS ACTION SUIT FILED AGAINST DOLPHINITE, INC. & THE CLEAN SEAS COMPANY

New York, New York -- August 20, 2003

A nationwide class action lawsuit has been commenced in the Superior Court of New Jersey against Dolphinite, Inc. and The Clean Seas Company. Both companies manufactured and distributed the "Go-Fast" and "Inflatable Bottom Coat" anti-fouling paint for use on waterborne vessels.

The suit was filed by maritime attorney John K. Fulweiler, of the law firm DeOrchis & Partners, LLP which has offices in Connecticut, Florida, Massachusetts, New Jersey, and New York. The class action complaint seeks damages for those nationwide consumers who purchased anti-fouling paint that Dolphinite, Inc. admits was defective. Consumers who applied the paint experienced excessive and abnormal marine growth on their vessels' hulls and were often forced to haul, strip and re-paint their vessels. John K. Fulweiler remarked; "What we have is a company wrongfully promoting the capabilities and advantages of an expensive marine paint product that simply did not live up to its billing. And it really caused a lot of boaters to incur significant time, money and effort to correct the problem."

For those affected consumers who seek additional information, please contact.....

Pacific 19CC, Yamaha F100
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Old 08-20-2003, 06:54 PM
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Default Dolphinite - Class Action Suit Filed

I replied to the email that John Fulweiler sent me a couple weeks ago. Let's hope something comes of it. Even if nothing happens for me, I'd like to see somebody stick it to Dolphinite. I gave them plenty of chances to make it right and they didn't.


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Old 08-20-2003, 07:03 PM
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Default Dolphinite - Class Action Suit Filed

Yes- In most cases the attorneys make out better then the class, especially with very large suits, like Verizon or AT&T. This case may be different due to the small size of the class and the financial size of the defendents. Many of these cases are gambles for the attorney in regard to the expenses they incur. That's just a laymen's opinion.

In regard to CGrands point - I never received an email from the attorney UNTIL AFTER I contacted him today. So much for the theory of sending all THT subscribers the original email. The only way I found John Fulweiler was to read the letter that CGrand posted sometime ago and do a Google search on the attorneys name. I see the original post had been edited by Wiley and I assume it had the contact info prior to that edit.

Capt. Michael


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Old 08-20-2003, 07:07 PM
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Default Dolphinite - Class Action Suit Filed

good luck to you guys- that really does suck.

Capt Michael- just out of curiousity, what will you re- paint with on your pacific? did you try that nyalic (sp) stuff on the insides?

chris

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Old 08-20-2003, 07:18 PM
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Default Dolphinite - Class Action Suit Filed

I wouldn't use an attorney who used a forum to spam his services without contacting the owner/moderator (me) first.

PROOF that this John Fulweiler has HIS intentions in mind ONLY and could really care less about anyone else.

Pretty underhanded from someone trying to do the "right thing"... give me a break!

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Old 08-20-2003, 07:21 PM
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Default Dolphinite - Class Action Suit Filed

Chris- I didn't have time today to repaint yet - probably won't this season. I'll just have to go out more often and get her up to 50 mph or so. I'll have to make a decision for next season. I'll probably sand blast in the spring and go for the tradtional interlux primer and trilux. The only real alternative is to go to one of the "high and dry valet" type marinas. there's one a few miles from here, but I'm spoiled as the yard I use now is 1/4 mile from the house.

I really love the NYALIC stuff. I applied it last year from the waterline up on the outside and over most of the surfaces inside. It shows no signs of wear yet. The only spot that has to be touced up is near the gas cap. Gas is a solvent that will wash Nyalic away.

I tied in on the bottom the first year. It really worked like the manufacturer said it would. When I pulled the boat mid season it had growth and the start of some barnacles. The barnacles flicked off with just a slight nudge and the other growth washed off with the power washer. Even up here in Yankee Land we have had two seasons with heavy growth meaning to keep the bottom serviceable I would have to pull it 3-4 times in an 8 month season. That's not going to happen. But the stuff is slick and works as advertised.

Capt. Michael


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Old 08-20-2003, 07:23 PM
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Default Dolphinite - Class Action Suit Filed

How about this.... THT receives a 25% referral fee for each THT member that receives a settlement.

Sounds fair to me.

Did I say "fair"?

Wet-n-Wiley

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Old 08-20-2003, 08:44 PM
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Default Dolphinite - Class Action Suit Filed

wet-n-wiley,

I am a victim of this product. If you can get a suit together count me in.

I replied to the email and have not received any response.

By the way, I plan on starting law school next fall.....As a THTruth member maybe you will be able to send some meaningfull cases my way.
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Old 08-21-2003, 06:24 AM
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Default Dolphinite - Class Action Suit Filed

Hey Wiley-

A 25% fee payable to THT doesn't sound like a bad idea. But if you really want to make it "fair", maybe THT should pay any class member 25% of their expenses related to Dophinite if they bought the product as a result of seeing it in the THT Boaters Forum or THT Vendors Forum.

I think your proposal and mine are equally ridiculous.

Capt. Michael


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Old 08-21-2003, 06:42 AM
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Default Dolphinite - Class Action Suit Filed

Good Point Tin Can! I bet many have never thought of that.
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Old 08-21-2003, 06:59 AM
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Default Dolphinite - Class Action Suit Filed

Lawyers get a big chunk of $$ for doing nothing, and the customers who got stuck with this junk will get a $5 coupon for new paint.

Well said Tin Can, they did get alot of press from this site.
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Old 08-21-2003, 07:09 AM
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Default Dolphinite - Class Action Suit Filed

this must be a byproduct of not being able to fish. it makes us all grumpy. we could take the class action (lawyers, victims, manuf) out to see, rub them in menhaden oil and see if mr. mako will come to the dinner table.
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Old 08-21-2003, 07:19 AM
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Default Dolphinite - Class Action Suit Filed

Tin Can.

Sorry for the issues you are having. By your registration date I see you may have missed past THT activity so I'll give you at least a miniscule benefit of the doubt.

Dolphinite products were never promoted here. In fact I banned, deleted and outright admonished posts regarding their products mainly because they were self-advertising without permission.

When Dolphinite requested a Vendor Forum it was to answer Customer Service issues regarding their product - not to advertise. Unfortunately for them, they did not take full advantage of their forum.

THT members have always expressed concern regarding Dolphinite products...search the archives!

THT didn't need an attorney to come along to make people "aware" of this situation. If you bought a defective product and Dolphinite isn't offering a rememdy them by all means jump on the lawyer bandwagon and post the results.

Just remember this - they both used the same tactics to promote here.

Wet-n-Wiley
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Old 08-21-2003, 07:34 AM
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Default Dolphinite - Class Action Suit Filed

Wiley- I hope you can see that my proposal was posted in the same vein as yours was - kidding. You were kidding, weren't you?

As far as THT promoting or not promoting a product, I agree with you. I have noted you have been careful about that issue and only applied "pressure" to vendors to join if it appeared they were using the Forum for commercial purposes without paying. I'm OK with your efforts there.

As far as Dolphinite - I don't hold out any high hopes of recovering any monies or even a free can of some boat cleaning product. In my opinion Dolphinite didn't handle this situation correctly and desrves some heat. It seems Adam went from the proud inventor to the lowly salesmen overnight. When I made my first complaints to him he was going to come down and see the boat. Never happened. So for the realitively small amounts of money involved, a class action suit is the way to go. The lawyer puts his time and money into it and might make some money and might not. But as for me, I'm not going down without at least firing a shot. I'll keep you all posted.

Capt. Michael


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Old 08-21-2003, 12:04 PM
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Default Dolphinite - Class Action Suit Filed

I'm glad that someone is building a case against those guys. I was real serious about the new paint, ended up not applying with advice from my dealer. Others werent so lucky. They (Dolphinite) were moving full steam ahead with the blinders on, ignoring the obvious - that they were selling something before it was ready for market. Unfortunateley the attorney had to reach out and contact folks and build consensus for a case, and he will be rewarded more substantially than Dolphinite customers for his work if he is successful. Thats how the system works, if we want to go through law school, pass the bar and join the ranks, we can do so and reap the income rewards. Hopefully he'll stick it to em'.

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Old 08-21-2003, 12:24 PM
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Default Dolphinite - Class Action Suit Filed

I hope all works out well for those involved.
This product has seen much debate on THT and warnings were given.

What bugs me personally is the way people are, once again, going behind my back to profit from THT and my hard work.

What's a good term like "ambulance chaser" regarding email spamming?

Wet-n-Wiley
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Old 08-21-2003, 12:25 PM
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Default Dolphinite - Class Action Suit Filed

Man if I had taken out a claim or suit on every boat product that didn't work as intended I....

I don't have the time or energy to think of it all.

Sorry you are having this problem.

Added
What is amazing is that a lawyer would jump on something like this but Lattitude Adjustment? goes through a near death experience being run open in the open sea and the attorneys are shying away from his claim.
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Old 08-21-2003, 05:37 PM
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Default Dolphinite - Class Action Suit Filed

$1000 for 10,000 (a lot of $) people verse a $ for just one person. the threat of a class may make them settle - and that's what the atty wants.
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