Vendor lawsuit against Dick's Sporting Goods over ammunition contract moves forward

[Charlie T Waite]

 

 

 

 

 

Dick’s Sporting Goods is being sued by a vendor claiming the Findlay-based retailer breached its contract in an ammunition agreement.

Nevada-based Battle Born Munitions is seeking to recoup about $5.5 million in damages related to claims of fraudulent inducement and negligent misrepresentation in addition to breach of contract that started in 2016, when Dick’s allegedly failed to take delivery and pay for several orders of ammunition branded with the company’s trademarked Field & Stream logo.

Battle Born said because the ammunition was branded, it could not be resold — forcing the vendor to store the order and incur “substantial costs” until Dick’s finally paid, according to the complaint.

Dick’s Sporting Goods did not respond to a request for comment in time for publication.

The complaint was filed in October in U.S. District Court for the Western District of Pennsylvania. A judge recently denied a motion by Dick’s Sporting Goods to dismiss some of the allegations.

Battle Born claims the delay tied up capital it needed to complete other business deals, including one to sell 12 Bell helicopters to the government of Lebanon, according to the complaint. The company is a registered broker in good standing with the U.S. Department of State International Traffic of Arms Regulation, the court documents state.

Dick’s Sporting Goods has developed a contentious relationship with the firearms industry. Following the 2018 school massacre in Parkland, Fla., the retailer made several changes to its firearms policy, including deciding to pull modern sporting rifles from its 35 specialty Field & Stream locations. The company also said it would no longer sell high capacity magazines or sell firearms to anyone under 21 years old.

Some organizations have cut ties with the company, including The National Shooting Sports Foundation, a trade group, and O.F. Mossberg & Sons, a firearms manufacturer.

Stephanie Ritenbaugh: sritenbaugh@post-gazette.com; 412-263-4910.

First Published January 24, 2019, 7:00am

 

[Rooster Ron Wayne]

Never dealt with Dick's and Never will after everything they pulled .