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Burrow, et al. v. Forjas Taurus S.A., et al. Case No. 1:16-cv-21606-EGT

Burrow, et al. v. Forjas Taurus S.A., et al. Case No. 1:16-cv-21606-EGT

Frequently Asked Questions

1. Why did I receive a notice directing me to this website?

The Court authorized the Notice because you have a right to know about the Settlement in this class action lawsuit.

Judge Edwin G. Torres of the United States District Court for the Southern District of Florida is overseeing this case. The case is known as Burrow, et al. v. Forjas Taurus S.A., et al., Case No. 1:16-cv-21606-EGT. The persons who sued are called the Plaintiffs. Forjas Taurus, S.A., and BrazTech International L.C. are called the “Defendants” or “Rossi”.

To view a copy of the Notice, click here.

2. What is this Lawsuit about?

The lawsuit claims that certain Rossi brand revolvers are defective in that they may accidentally fire when dropped. The lawsuit seeks damages, injunctive relief, and other relief against Defendants in connection with alleged defects in the design and manufacturing of the Class Revolvers (as defined below). Plaintiffs sought damages and equitable relief in this case on behalf of themselves and members of a proposed class, premised on alleged economic losses, and did not seek to recover for any member of the proposed class any relief in respect of personal-injury or property-damage claims.

Defendants vigorously deny that Plaintiffs can prove the claims asserted in the lawsuit and therefore deny all allegations of wrongdoing and liability alleged in the lawsuit or otherwise.

The Court has not decided who is right, but the Plaintiffs and the Defendants have agreed to settle.

3. Why is this a Class Action?

In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.” In this case, the Class Representatives are William Burrow, Oma Louise Burrow, and Ernest D. Bedwell.

4. Why is there a Settlement?

By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Class Representatives and their attorneys believe the Settlement is fair, reasonable, and adequate and, thus, best for the Class and its members. The Settlement does not mean that the Defendants did anything wrong.

5. How do I know if I am included in the Settlement?

The Class includes all individuals in the United States, including its territories and possessions, who owned one or more Class Revolver(s) on March 15, 2019.

Excluded from the Settlement Class are:(w) all state, local, or federal bodies or agencies, etc., or Persons in an official capacity; (x) the District Judge and Magistrate Judge to whom the Action is assigned and any appellate judge assigned to any appeal in the Action, together with any member of their staffs and immediate families; (y) any Successful Opt-Out, and (z) any other Person who has been recognized by Order of the Court as excluded from the Settlement Class for any reason.

6. What are the “Class Revolvers?”

“Class Revolvers” means Rossi brand .38 Special and .357 Revolvers manufactured by Forjas Taurus during the Class Period, as indicated by the serial number stamped on the frame of the revolvers beginning with the letters Y, Z, A, B, C, D, E, F, G, H, I, J, or K.

7. What if I am not sure whether I am included in the Settlement?

If you are not sure whether you are included in the Settlement, you can find more information in the Settlement Agreement or call 1-888-724-0242. You may also write with questions to Rossi Settlement Administrator, P.O. Box 3230, Portland, OR 97208-3230.

8. What does the Settlement provide?

The Settlement provides the following:

  • The Early Warning Program providing advanced notice of the potential existence of a safety issue with the Class Revolvers;
  • The Enhanced Warranty, including inspection and, if needed, repair, certification and cleaning of a Class Revolver (with related shipping costs paid by the Defendants); and
  • The Inconvenience Payment, provided the Settlement Class Member files a valid Claim Form.
9. What is the Early Warning Program?

Early Warning Program. On September 17, 2018, Rossi launched the Early Warning Program designed and intended to make current and future owners of Class Revolvers aware of the potential dangers and to inform them that the Class Revolvers should not be used or carried until they have been inspected and/or repaired.

Any Settlement Class Member who submitted a Class Revolver for service to the Defendants in response to the Early Warning Program is entitled to the same Settlement Benefits as all other Settlement Class Members and is entitled to file a Claim for an Inconvenience Payment.

10. What is the Enhanced Warranty?

Enhanced Warranty
The Settlement extends an Enhanced Warranty to all owners of Class Revolvers over and above the existing warranty available to owners of Rossi revolvers manufactured by Forjas Taurus.

The terms of the Enhanced Warranty are as follows:

  • Owners of a Class Revolver will be allowed to submit a Class Revolver once to Braztech (as warranty service provider in the United States for the Defendants) for an inspection to determine whether the Class Revolver can be serviced or repaired to eliminate the alleged defects;
  • Based on Braztech’s inspection, parts will be replaced or repaired as necessary;
  • If a Class Revolver is then deemed safe, Braztech will certify and clean the Class Revolver and, then return it to its owner.
  • If a Class Revolver cannot be made safe through repair and must be replaced, Braztech will provide a replacement Taurus-brand revolver of similar caliber and barrel length.

As part of this Enhanced Warranty, Defendants will pay all reasonable and customary costs associated with the Enhanced Warranty Service, including the cost of shipping to and from Braztech by its preferred shipping carrier under contract with Braztech for the one-time special inspection, as well as the cost of any parts needed for any necessary repairs and labor. If a replacement Taurus-brand revolver is provided, Defendants will pay all reasonable and customary costs of shipping for delivery.

The benefit of this Enhanced Warranty will be available one time per Class Revolver as identified by serial number. An owner of multiple Class Revolvers may enjoy the benefits of this Enhanced Warranty once for each Class Revolver he, she, or it owns.

This Enhanced Warranty is NOT limited in duration to the Claim Period, in that an owner may submit a Class Revolver for the Enhanced Warranty Service at any time, regardless of whether the Class Revolver exhibits any signs of defect. Owners of Class Revolvers may also submit their revolvers for this Enhanced Warranty in conjunction with another service request under the existing warranty or otherwise. Owners of Class Revolvers who may acquire them after the Opt-Out and Objection Deadline may still enjoy the benefits of this Enhanced Warranty, even though such owners may not be Settlement Class Members themselves, as long as no prior owner has received the Enhanced Warranty Service for that Class Revolver.

To participate in the Enhanced Warranty please click here to file a claim.

11. WWhere do I send my revolver for the Enhanced Warranty Service?

To participate in the Enhanced Warranty please click here to file a claim. Once you file your claim you will be eligible for the "Enhanced Warranty" and will receive a box, a shipping label, and instructions to send in the Class Revolvers for inspection, repair if necessary, certification, and cleaning, all free of charge (including shipping, labor, and parts). Additionally, once you have shipped your Revolver under the Enhanced Warranty you will receive a $50 cash Inconvenience Payment.

12. What is the Inconvenience Payment?

Inconvenience Payment. The “Inconvenience Payment” means cash compensation in the amount of $50.00 per Class Revolver owned by a Class Member. In order to qualify for an Inconvenience Payment you must file a valid Claim Form and send in your Class Revolver for inspection and/or repair under the Enhanced Warranty.

Please click here to file your claim and begin this process.

13. How do I get benefits?

The Claims Period is now open. The Claims Period will run from October 22, 2019 to October 22, 2020. There is no deadline to participate in the Enhanced Warranty. In order to be eligible to receive an Inconvenience Payment, you must also have sent in your Class Revolver for inspection and repair under the Enhanced Warranty. You can file your Claim Form online, or you can print out a Claim Form from this website or get one by calling 1-888-724-0242 and mail your claim to the Claims Administrator to the address below. Claim Form must be postmarked or submitted online no later than the Claims Deadline.

Rossi Revolver Settlement Administrator
P.O. Box 3230
Portland, OR 97208-3230

14. Do I have a lawyer in this case?

Yes. The Court appointed the following lawyer as “Class Counsel”:
Brian W. Warwick, Janet R. Varnell and David K. Lietz of Varnell & Warwick, PA; Brannon J. Buck of Badham & Buck, LLC; Gregory A. Brockwell of Brockwell Smith, LLC; Andrew F. Knopf of Paul, Knopf, Bigger; Chris Bataille of Flanigan & Bataille; and Vincent Swiney of Swiney & Bellenger, LLC.
You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

15. How will the lawyers be paid?

Class Counsel requested and the Court approved an award for attorneys' fees of up to $5.553.000.00, inclusive of reasonable costs and expenses. Class Counsel also requested and the Court approved of an incentive award of $7,500 for the Class Representatives. Any amount that the Court awards for attorneys' fees, costs, expenses, and an incentive award will be paid separately by the Defendants and will not reduce the amount of payments or other benefits to Class Members who submit valid claims.

16. What happens if I do nothing?

If you do nothing, you will get no benefits from this Settlement.

17. How do I get more information?

This website and the Notice summarize the proposed Settlement. More details are in a Settlement Agreement.
You can get a copy of the Settlement Agreement in the Documents link in the main menu.