Ammunition company sues Dick's Sporting Goods over contract

By Jenie Mallari-Torres | Nov 8, 2018

PITTSBURGH — A Nevada corporation is suing Dick's Sporting Goods Inc., a retailer, citing alleged breach of contract, fraud and negligent misrepresentation.

Battle Born Munitions Inc. filed a complaint on Oct. 23 in the U.S. District Court for the Western District of Pennsylvania - Pittsburgh Division against Dick's Sporting Goods Inc., alleging the sporting goods retailer failed to fulfill its obligation under the vendor agreement.

According to the complaint, the plaintiff alleges that Battle Born Munitions Inc. suffered substantial economic and lost opportunity damages as a result of defendant's wrongful conduct of ordering excessive amounts of ammunition branded with their house brand, “Field & Stream,” that hindered plaintiff from reselling the branded ammunition to a third party. As a result, plaintiff's fund in the amount of $4,492,550 was tied up, resulting in lost anticipated profits of $5,224,000, and plaintiff was forced to warehouse the branded inventory that the defendant failed to take delivery on from November 2016 until August 2017, the suit says.

The plaintiff holds Dick's Sporting Goods Inc. responsible because the defendant allegedly failed to fulfill its obligation to take delivery of the ordered ammunition by November 2016 as agreed upon, and breached the vendor agreement by discounting invoices despite not being timely paid.

The plaintiff requests a trial by jury and seeks judgment against defendant for incidental damages in an amount not less than $200,938 plus interest; consequential damages for lost profits in an amount not less than $5,224,000 plus interest; and costs, litigation expenses, attorneys’ fees, and further relief as the court deems proper. They are represented by John Shoreman of McFadden & Shoreman in Washington and Mario Williams of Nexus Derechos Humanos Attorneys Inc. in Atlanta.

The U.S. District Court for the Western District of Pennsylvania Pittsburgh Division Case No. is 18-cv-01418.

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