The American arm of a Chinese swimming pool equipment maker told a North Carolina federal judge it faces insolvency if forced to fork over a $16 million judgment bid for false advertising and unfair business practices, requesting a stay without bond while it appeals the verdict.
Blueworks Corp. argued in a motion Friday to stay the judgment that the damages are already too much for it to even post bond pending appeal, and it otherwise can’t afford to pay the $16 million in full. According to Blueworks, that means “there is no question” it faces irreparable harm if the court doesn’t allow a stay or permit it to post a smaller bond.
Pool Co. $16M Judgment Bid: “Jackpot Justice” and Financial Strain
“Allowing execution on a ‘jackpot justice’ award of $16,000,000.00 will force defendants out of business (which of course is what Hayward desires),” Blueworks said. “Thus, defendants would be unable to appeal this decision due to the severe financial burden placed upon them.”
Blueworks was hit in March with a $4.9 million verdict after a federal jury in Charlotte found it made false or misleading statements and otherwise violated the North Carolina Unfair and Deceptive Trade Practices Act in its online product listings for replacement parts.
