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April 10, 2005Lawyers file for class action against Second Chance ArmorJapanese manufacturer also targetedByRecord-Eagle staff writer CENTRAL LAKE - A New Orleans law firm is seeking a class-action claim against Second Chance Body Armor over the alleged faulty performance of some models of its bulletproof vests. The claim, if approved by the federal judge overseeing Second Chance's Chapter 11 bankruptcy case, would allow any police officer or agency nationwide to join the class and seek compensation from Second Chance if they purchased, used or still use company vests containing the synthetic Zylon. The action "is certainly the most efficient and fair way to get a global resolution" of vest-owner claims against Second Chance, attorney Allan Kanner said. Kanner's firm already represents a nationwide class action against Zylon manufacturer Toyobo Corp. of Japan and its American subsidiary. A similar action against Second Chance in that Oklahoma court proceeding was forestalled when the vest-maker filed for bankruptcy, Kanner said. Second Chance pulled its 100 percent Zylon vests in September 2003, after testing revealed they prematurely lost bullet resistance. The move came less than three months after a California police officer was killed and a Pennsylvania officer seriously injured when bullets penetrated their Second Chance Zylon vests. Second Chance executives recognized by fall 2001 that company vests prematurely degraded, Kanner said in his court motion. "However, instead of recalling the vests as they should have, Second Chance continued to sell the vests to make a profit," Kanner's motion stated. Second Chance announced a remedial program for officers using possibly ineffective vests at the same time it pulled its Zylon vests from the market in September 2003. But that program, featuring vest insert panels and discount credits toward the purchase of other Second Chance vests, violated the five-year warranty officers received when they purchased vests for up to $1,350 each, Kanner said. "The remedial program was telling the world, 'We're not going to honor our warranty unless you sue,'" he said. Messages left with Second Chance executives and its bankruptcy attorney were not returned Friday. A class action is appropriate because claimants all face the same problem with similarly degrading vests, Kanner said. Handling all claims in one suit, rather than thousands of individual officers or departments attempting litigation, is more efficient and cost-effective for all involved, including the court and Second Chance, he said. Officers may only receive "pennies on the dollar" in compensation, but Kanner's firm intends to go after both Second Chance and Toyobo vigorously, he said. "The only argument Second Chance has is, 'It's all Toyobo's fault.' And the only argument Toyobo has is, 'It's the other guy's fault,' " Kanner said. "I think a jury is going to crucify both of them. You don't play it this way when you're dealing with cops."
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