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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. "It also depends on what the desired end result is," Shelton said. “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. "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. 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? 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. It granted the Black Hills Institute official copyrights for STAN T. rex and SUE T. rex. Says Larson,“Fort Peck can’t argue they did not realize our dinosaur specimens were copyrighted works; we told them. 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. 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. I’m actually surprised you got quotes with trex being more expensive. Each fossil must be individually interpreted and reconstructed from the pieces that are found. Trex composite decking made from plastic bags, wood fibers, and other secrets I wasn't told! Soon a judge may need to settle the dispute. Black Hills Institute asserted damages of $8.2 million dollars at the hands of Fort Peck Paleontology and others. 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. 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…. 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. … It's also not disclosed in court documents what this T. rex sold for. 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. Neal filed a lawsuit in 2015, and the court found he was not awarded his "equitable claim" in a 2016 judgement. 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 am very proud of the scientific and artistic contributions we have made over the years. 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. 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. Trex falls despite solid growth. A SWAT team surrounded a Rapid City apartment building Tuesday afternoon but did not find the juvenile shooting suspects they sought. 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, … Attorney for the Hausers, Quentin Riggins of Gunderson Palmer Nelson Ashmore law firm in Rapid City did not return request for an interview. Get up-to-the-minute news sent straight to your device. Neither did Erlandson, representing In the Beginning. Court Grants Final Approval of Settlement of Trex Company Class Action Lawsuit. 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…. 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. 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 … “You can’t pirate a T. rex copyright and not expect to get bitten,” quipped Mr. Santangelo, the lead attorney on the case. 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. You have permission to edit this article. SUE is the most complete and well-preserved T. rex ever discovered, and is the headliner display at the Chicago Field Museum. Rapid City is offended by cowboy hats but welcomes those country dollars spent in the community. Shelton said around 50 have been found worldwide. Please subscribe to keep reading. 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. "After removal of the fossil from the real property, ITBFI and his agents spent countless hours preparing, cleaning, and marketing the fossil for sale. Trex stock declined 9% in the wake of the company releasing its first-quarter financial results. So much so, that they have agreed to settle two large class action lawsuits. He said Trex had paid about $1.9 million already through March 31, 2017. These unauthorized copies were then incorporated into the “Peck’s Rex” skeleton currently at the Museum of the Rockies in Bozeman, Montana. For nearly three months, Camp Mniluzahan has been providing shelter, warm meals and a sense of community for Rapid City’s homeless population. In 2016, a T. rex skull was posted for $1.8 million on an Asian auction house. I replaced my cedar decking five years ago with Trex Transcends Havana Gold decking. "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. Box … These skeletal remains were later nicknamed “Peck’s Rex” and taken to the Montana-based Fort Peck Paleontology Inc., for additional study. A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. Additional Information: According to information provided by the company, its warranty coverage for its manufactured products excludes environmental issues, such as molds. 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. Now it seems more people are becoming dissatisfied with the longevity and quality of Trex products. Black Hills Institute of Geological Research, Inc. v. Fort Peck Paleontology, Inc. et al, CV-10-76-GF-SEH (D. Montana, Great Falls Division). We tried to get them to stop, but they just ignored us. The company was founded in 1996 and is headquartered in Winchester, Virginia. 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…. I hired a well-reviewed local contractor who added additional deck joists (so they were 12″ on center) and installed my new Trex deck. Original review: July 24, 2020. Trex Settlement: Claim Form Deadline: May 27, 2014: Claims Administrator: Trex Mold and Color Fading/Variation Litigation c/o Heffler Claims Group P.O. 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. What a difference a year makes. 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. “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. 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. 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 […] 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. 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. So Trex agreed to replace the defective decking but decided as a matter of ‘policy’ that they … UPDATE: Details on how to file a claim for the Trex decking class action lawsuit settlement are up!. Does the buyer want a museum specimen? In addition to copyright infringement, the lawsuit claimed unfair competition, as well as misappropriation and conversion of Black Hills Institutes’ intellectual and personal property. The lawsuit was settled on confidential terms mutually agreeable to all parties. 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. 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. Email and phone messages to an investment company listing Willhoit as president were not returned. 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. Subscribe to our Daily Headlines newsletter. Trex Settles Mold Lawsuit For $8.25 million plus attorneys’ fees, Trex is putting a national class action lawsuit in its rear-view mirror. South Dakota T. rex dispute lands in court. It has been a publicly traded company since 1999 and trades on the New York Stock Exchange under the ticker symbol “TREX”. 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. Enjoy unlimited articles at one of our lowest prices ever. March 18, 2010 07:30 AM Eastern Daylight Time. Pursuant to the terms of the settlement, ELT, CDC and Trex will continue to perform under the ELTA Agreement. However, in recent years Trex decking has battled lawsuits concerning issues with the decking. 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. Carol.. wolf is a very good product. In a counterclaim, In the Beginning Fossils say that's exactly what they did. Email notifications are only sent once a day, and only if there are new matching items. So did Hudson just excavate the bones and drive off to sell them or did his company assemble and prepare the bones for sale? The T. rex “SUE” is currently on exhibit at the Chicago Museum of Natural History. A 21,756-acre ranch southeast of Rapid City recently sold for $19 million. 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. 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. 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. STAN is the second most complete T. rex ever discovered and is displayed at the Black Hills Institute’s Hill City, South Dakota museum. Look up consumer affairs and read all the horrible reviews about trex. 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. It really is a labor of love and we simply cannot allow others to claim our work as their own. “Hollrah had been hunting and selling dinosaur bones most of his adult life. 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. Contact Christopher Vondracek at Christopher.Vondracek@rapidcityjournal.com. Gov. Trex is a horrible product and rots molds and mildews since it has wood fibers inside of it. 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. 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. There actually aren't many T. rexes in the world. The case alleges that the TREX product is defective. Composite Trex decking, made of a combination of plastic and sawdust, is considered one of the top composite decking alternatives available. 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. “Tyrannosaurus rex is my passion,” explained Larson. Defendants argued that castings of dinosaur fossils constitute exact replicas of objects found in nature and as such are not subject to copyright. The home deck … I selected Trex’s Brasilia product in Burnished Amber, which has a grain-like pattern through it that … 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”). Trex Company is the world’s largest manufacturer of high performance wood-alternative decking and railing, with more than 20 years of product experience. The proposed class period ranges from Aug. 1, 2004 until present. Like any other sculpture, these are individual hand-crafted works of art.” The Copyright Office agreed. {{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. We have tried unsuccessfully for years to get Fort Peck Paleontology to return our property and acknowledge their copying of our work. 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. by consumers, for consumers... Don't let them get away with it!® Let the truth be known!™ ", The counterclaim states preparation may include cleaning, restoration, and "mounting of the specimens.". There's a new Tyrannosaurus rex lawsuit in western South Dakota. You can cancel at any time. Find more than 181 complaints| Ripoff Report. 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. then {{format_dollars}}{{start_price}}{{format_cents}} per month. 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). Around 1997, incomplete portions of a T. rex skeleton were discovered near Fort Peck, Montana. Never was a big believer … 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. A federal district court in California has given an initial OK to a settlement involving first-generation Trex decking. VEKADECK is the best deck board in the entire vinyl decking industry. Customers saw their new deck surfaces deteriorate, and they started filing lawsuits (Trex settled in 2010 and still pays to replace defective decks). Kristi Noem said in an executive order Friday that she directed the Highway Patrol superintendent to bring a lawsuit against the voter-ap…. But if a ranch couple is fighting for 10 percent of the proceeds, it's pretty sure the dinosaur fetched a pretty penny. Intellectual Property Attorneys serving clients throughout the world from three locations. In the end, I have to protect the integrity of the Institute, my employees, and our work,” said Larson. 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.”. Trex company launched its line of composite wood alternative decking products more than a decade ago to rave reviews and revolutionized an industry. Plastic lumber major Trex Co. Inc. has preliminary court approval to settle a class action lawsuit alleging products had mold and color problems. They disagree on whether the landowners should get 50 percent or 60 percent of the proceeds. 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