Invicta suit for leaky Grand divers goes forward

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Invicta suit for leaky Grand divers goes forward

Postby koimaster » October 11th 2017, 3:51pm

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



Florida Southern

Nature of Suit

Contract Product Liability


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


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Re: Invicta suit for leaky Grand divers goes forward

Postby Hawk » October 11th 2017, 4:33pm

I don't see that action going very far but the discovery phase could be a hoot.

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Re: Invicta suit for leaky Grand divers goes forward

Postby Mortuus » October 11th 2017, 6:09pm

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:
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Re: Invicta suit for leaky Grand divers goes forward

Postby TemerityB » October 11th 2017, 7:39pm

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.
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