The Trial Lawyer Summer 2018 - Page 42

shareholder communications alternate praise for its flexible and speedy strategy of relying on in-house talent with other statements which arguably indicate that its quality had suffered. For example, in its 2013 Letter to Shareholders, Polaris boasts that: “Achieving our net margin goal five years early, in conjunction with our accelerated revenue growth, coincides nicely with the exponential expansion our market capitalization has undergone.” However, the report goes on to concede that, While we’re certainly pleased with our progress, there are clear justifications for our intense motivation to be better: we must improve project execution, quality and speed; lower inventories and warranty costs; and generate significant returns on numerous investments that have, in some cases, diluted our margins over the past few years. Conclusion Where does this leave consumers? The CPSC-Polaris joint statement acknowledging that vehicles outside of the recalls, along with vehicles that have already been recalled and repaired, are still catching fire does not inspire confidence that the fires will stop anytime soon. The allegations that the problem is caused by the engine that Polaris designed and marketed in a vehicle design that it patented suggests the possibility that the company might be deeply invested in finding other causes for this persistent hazard. And as part of the settlement agreement, the CPSC agreed not to pursue any more penalties from Polaris for any reporting violations it may have incurred through June 2017. Accordingly, as is often the case, it appears that it will ultimately be up to the civil justice system to hold Polaris accountable. Citations available on request Tommy Malone, Trial Lawyer And the Light Shone Through... The Guiding Hand Shaping One of America’s Greatest Trial Lawyers a biography by Vincent Coppola “Tommy Malone is a giant of the legal profession, a giant advocate for the victims who became his clients, and a giant of a human being.” —Christian D. Searcy President and CEO • Searcy Denney Scarola Barnhart & Shipley “It’s no accident that Tommy Malone is the perennial top vote-getter in the peer-reviewed Super Lawyers , year-in and year-out.” —W. Ray Persons Senior Partner • King & Spalding 866-895-1472 toll-free www.mupress.org “Tommy Malone is among the elite and most talented trial lawyers of our time.” —Roy E. Barnes Governor of Georgia (1999–2003) Book available from amazon.com, barnesandnoble.com, or directly from the publisher 40 x The Trial Lawyer