Comparison Yanmar lawsuit.

[California]

The Kubota case was described here long ago. To oversimplify: As trademark owner, Kubota got an order for Customs to deny entry to anything with their trademark on it. Some tractors got stranded on the docks and had to be re-exported which got everyone's attention.

Yanmar-USA and Yanmar-Japan don't have the legal standing to do likewise for some reason so about all they could do was request Ebay to de-list Yanmar auctions - and now finally, sue some importers.

Maybe somebody has a link to those old threads.

 

[Car Doc]

Thinking way outside the box .... The Vulture Capitalist approach would be for Yanmar to buy Hoye and other parts vendors at ridiculous prices then shut them down to strangle the parts support. Possibly after hammering them with expensive lawsuits. I hope this never happens but I think it has to be considered possible, if Yanmar has a team of attorneys advising them on strategy. It has happened in other industries.

Yes I agree a possibility no doubt hope its not but definitely the alter scenario to what I proposed good Yanmar vs Bad Yanmar and attorneys in general time will tell.

And not forgetting the VN dealers had the warning at the least 4 years ago tells me Yanmar was willing to settle for what they said they wanted in their warnings at one time. That created the current unstable situation in the first place the fact they were ignored but we didn't do it. jmho

 

[clemsonfor]

What about Frederic's? they are not bungleing(i think i made up a word cause i could not think of what i wanted to say) tractors there doing them right so they have far less if any dissatisfied customers like the VN dealers had.

 

[California]

We haven't heard yet if the quality dealers were exempted from the lawsuit letters. I don't know if they would be. One issue is when the VN 'New Rebuilt' dealers sold tractors that aren't up to Yanmar quality. (This continues, I see two VN 'New Rebuilts' on a nearby Craiglist claimed 20 years newer than actual).

But another issue, the one that was hot a few years ago, is the issue of who is liable to cover medical costs when a gray Yanmar operator crashes it with some horribly expensive injury. Let's say he can't earn a living for the rest of his life to pay for his expensive medical treatment and maintenance. Yanmar-USA argued that they weren't even in existence when the tractor was sold new in Japan and I think in early 2012 they finally won dismissal from liability in one such lawsuit. (In that one, the new owner died). But somebody has to stand responsible for medical costs of a permanently disabled owner if he isn't wealthy himself. Taxpayers (the Affordable Care Act, Obamacare) or somebody with 'deep pockets' has to be found to pay the hospital bills. We don't shove patients out of the ER to die in the street like some countries. Yanmar-USA will always be a big fat target. (I retired from the state highway department - which was the deep pocket lifetime support for a few paraplegics who had no other alternative to pay to keep them alive. We lost lawsuits where the jury said there was no other defendant in the picture so we were stuck with the bill because the plaintiff incontestably was injured during use of the highway). Like it not, this is how US law and juries decide who will care for a medical indigent. It is logical for Yanmar-USA to attempt to limit their liability. We shall see ....

 

[clemsonfor]

Thats wrong, unless it can be proved that Yanmar is the reason for the injury beyond doubt there not liable!!!! If some guy with less sense than brain or intoxicated hooks up to a stump pops the clutch at 2000rpm and flips over and breaks his back how in the world can he or his estate sue any tractor maker for that? I see your point though, but that unforchantly (i tried and i cant spell it??) thats the american gov's roll with medicare and state support and SSI.

 

[Car Doc]

Don't forget cigarette company's cancer and micky d's hot coffee stupid lawsuits and probably a hundred other ridiculous suits we put out of mind they were so ludicrous.

 

[careyo63]

Thats wrong, unless it can be proved that Yanmar is the reason for the injury beyond doubt there not liable!!!! If some guy with less sense than brain or intoxicated hooks up to a stump pops the clutch at 2000rpm and flips over and breaks his back how in the world can he or his estate sue any tractor maker for that? I see your point though, but that unforchantly (i tried and i cant spell it??) thats the american gov's roll with medicare and state support and SSI.

That use to get posted often and was used for ROP Lawsuit I believe. It was a Fence Post though, I believe that was being removed. And the real sad thing It was a young boy that was killed. Makes you think the Father was Intoxicated to let the boy do it wraping a Rope around a Rear Wheel.

 

[clemsonfor]

i just used that example as a generic thing that could happen? I did know though there was a real case with similar incidents.

 

[chriswheeler]

Legal issues aside, having sold my gray market Yanmar, I still have a vested interest. In the process of owning a gray, I discovered that Hoye and Fredricks offer aftermarket parts for John Deere as well. They often sell parts for these at half the price Deere does. Sure hope both survive this and prosper, good for us Deere owners as well. I can imagine lots of people holding grays being in a world of hurt if the parts supply was somehow cut off. Others of us buying Deere parts would loose big time as well. Sure hope both parts sellers are well insulated from all of this.
Chris

 

[knotweed]

It all boils down to two issues. Yanmar does not want the liability and wants a piece of the action. If they can shut down the dealers here, then Yanmar can import these units, upgrade them to USA safety requirements and tack on thousands as used Yanmars.