Real Ham Bone For Dogs Settlement

Michael Taylor, et al. v. Dynamic Pet Products, LLC, et al.
Circuit Court of Jackson County, Missouri at Independence, Case No. 1616-CV11531

Frequently Asked Questions

Following is a list of frequently asked questions about this settlement. To view the answer to a question, please click on the question from the list below. The answers to these questions will be updated periodically to reflect the current status of the settlement.

  1. What is a Class Action?

    A class action is a lawsuit in which one or more individuals sue on behalf of other people who have similar claims. All of these people are collectively referred to as a “class” or “class members.” In a class action, the court resolves the legal issues, legal claims, and legal defenses for all class members in one lawsuit, except for those people who ask to be excluded from the class.

  2. What is this lawsuit about?

    This lawsuit is about Defendants’ allegedly false and deceptive marketing of the Real Ham Bone For Dogs product, which has been sold nationwide through retail stores and online. Plaintiffs allege that Defendants misrepresented the product as safe, when the product was prone to splinter into needle- like shards and cause significant physical injury when chewed by dogs. Defendants deny all of these allegations, deny any liability in the case, and contend that the dogs should not have been left unsupervised to eat the bones rather than simply chew them.

  3. Why was there a settlement?

    The Parties reached a Settlement to resolve this matter without the expense and uncertainty of litigation. The Court has not decided in the favor of either Party, and there has been no trial. The Court has granted final approval of the Settlement, therefore class members in this lawsuit (“Class Members” or “Class”) will receive the Settlement benefits described in this Notice if they are eligible according to the requirements of this Settlement. The Class Representatives and the Class Counsel (described more specifically in FAQ 15) believe that the Settlement is in the best interests of the Class.

  4. Am I part of this Settlement Class?

    To participate in the Settlement, you must be a member of the Class. The Class includes anyone who purchased the Real Ham Bone For Dogs product or who sustained pet injury/property damage from use of the Real Ham Bone For Dogs product between January 1, 2011 and May 12, 2017, subject to certain exceptions (described in FAQ 5).

  5. Are there exceptions to being included?

    The Settlement does not include:

    • Any person who purchased the Real Ham Bone For Dogs product for resale;
    • Defendants (including their subsidiaries and affiliates), or any directors and officers of Defendants and members of their immediate families;
    • The judge presiding over the class action lawsuit, the Court staff, and members of their immediate families; and
    • Any person who excludes himself or herself from the Class (see FAQ 12).
  6. What if I am still not sure if I am included?

    If you are not sure whether you are a Class Member, or have other questions about the Settlement, visit the Frequently Asked Questions section of this website. You may also send questions to the Settlement Administrator at:

    Real Ham Bone Settlement
    c/o Dahl Administration, LLC
    PO Box 3614
    Minneapolis, MN 55403-0614

  7. What does the Settlement provide?

    The Settlement provides the following benefits to Class Members:

    (1) payment up to $2,500.00 for pet injury or death caused by the Real Ham Bone For Dogs product when accompanied by the declaration included in the Claim Form and appropriate documentation (as described in the Claim Form) of the purchase or use of the product and the association of the product with the pet injury or death; and (2) payment up to $3.00 per bone for reimbursement of the purchase price of the Real Ham Bone For Dogs product, with a limit of ten (10) bones per claim with proof of purchase and four (4) bones per claim without proof of purchase.

    The Settlement provides for a cash fund to pay the first $150,000.00 of claims for pet injury or death or for product purchase reimbursement. For claims in excess of this $150,000.00 cash fund, payment of reimbursement for product purchase claims is limited to a maximum total payment of $950,000.00.

    For claims in excess of the $150,000.00 cash fund, payment of pet injury/death claims is based on the year in which the injury or death occurred. The Settlement establishes a maximum total payment of $50,000.00 per year for pet injury/death claims occurring in any single year of the Class period (i.e, 2011, 2012, etc.) If the value of valid pet injury/death claims filed for any single year exceeds $50,000.00, all of the claims for that year will be paid on a pro rata basis. No payment will be made for pet injury/death claims previously paid by Defendants and/or for which Defendants have already received a release.

    If the value of valid claims in any category exceeds the maximum amount for the category, all such claims will be paid on a pro rata basis.

    The Settlement also provides that Defendants agree to an injunction preventing them from manufacturing or selling dog products sourced from pig bones until the earliest of (1) the product is reformulated so that it is more durable than an uncooked bone or (2) Defendants obtain insurance coverage to compensate owners whose pets have been killed or injured due to consumption of the product.

  8. What happens if there are any Settlement funds remaining?

    If there are any funds remaining in the Settlement Fund after all valid claims for cash payments are processed and paid and all attorneys’ fees and expenses, notice and administrative costs, and Class Representative incentive awards are paid, the Claims Administrator will remit the remaining balance to Defendants.

  9. How can I get a cash payment?

    If you are a Class Member, you must have properly and timely submitted a completed Claim Form.

    The Claim Form could have been submitted online or by mail. If you chose to submit it online, you must have done so by September 9, 2017. If you chose to submit a hard copy by mail, it must have been postmarked by September 9, 2017 and mailed to:

    Real Ham Bone Settlement
    c/o Dahl Administration, LLC
    PO Box 3614
    Minneapolis, MN 55403-0614

    You must have fully completed the Claim Form and submitted it by the deadline in order to receive benefits under the Settlement.

  10. When will I get my cash payment?

    Settlement benefits are being distributed now that the Court has granted final approval of the Settlement and filed appeals have been resolved.

  11. What happens if I do nothing at all?

    If you do nothing, you will not receive any benefits from this Settlement, and you will not be able to sue Defendants or any of their past and present respective parents, subsidiaries, divisions, affiliates, persons and entities directly or indirectly under its or their control in the past or in the present; Defendants’ respective assignors, predecessors, successors and assigns; and the past or present partners, shareholders, managers, members, directors, officers, employees, agents, attorneys, insurers, accountants, and representatives of any and all of the foregoing on the basis of the legal and factual issues involved in this lawsuit or otherwise released by the Settlement Agreement and the Court’s Final Judgment and Order. You must have excluded yourself from the Settlement in order to sue Defendants on the basis of the legal and factual issues involved in this lawsuit or that are released by the Settlement Agreement and the Court’s Final Judgment and Order.

  12. How can I get out of – or exclude myself from – the Settlement?

    If you did not want to participate in this Settlement or receive the benefits provided by this Settlement, but you wanted to keep the right to sue Defendants on your own concerning the legal and factual issues involved this case, then you must have taken steps to exclude yourself or “opt out” of the Class, as described here and the Settlement Agreement. All Class Members who did not properly and timely exclude themselves from the Class are now bound by the terms of the Settlement Agreement, the releases set forth in the Settlement Agreement, and the Court’s Final Judgment and Order.

    You could have excluded yourself from the Class and the Settlement by mailing a letter, postmarked no later than July 11, 2017.

    If you asked to be excluded from the Class, you are not eligible to receive any benefits of the Settlement. If you did not include the required information or did not mail your letter within the deadline, you are still considered a Class Member and are not able to sue Defendants on the basis of the legal and factual issues involved in this case or that are released by the Settlement Agreement and the Court’s Final Judgment and Order. If you did not exclude yourself and you did not file a timely Claim Form, you are not eligible to receive benefits of the Settlement.

  13. What did I give up if I stayed in the Class?

    Unless you excluded yourself, you are part of the Class and cannot sue, continue to sue, or be part of any other lawsuit against Defendants concerning the legal and factual issues involved in this case or that are released by the Settlement Agreement and the Court’s Final Judgment and Order. The Court has granted final approval of the Settlement; therefore, all of the Court’s orders legally bind you.

  14. If I excluded myself, can I still get a cash payment?

    No. If you requested exclusion from the Class, then:

    • You are not eligible for a cash payment under the Settlement;
    • You are not allowed to object to the terms of the Settlement; and
    • You are not bound by any subsequent rulings entered in this case now that the Settlement is finally approved.

    However, you may sue, continue to sue, or be part of a different lawsuit against Defendants involving the claims in this case.

  15. Do I have a lawyer in this case?

    The Court has appointed the law firm of Shank & Moore, LLC of Mission Woods, Kansas, to represent you and the other Class Members in this lawsuit. The lawyers representing you and the other Class Members are called “Class Counsel.”

  16. Should I get my own lawyer?

    You do not need to hire your own lawyer in this case because Class Counsel is working on your behalf. However, if you want to be represented by your own lawyer, you may hire one at your own expense. You also have the right to represent yourself before the Court without a lawyer.

  17. How will the lawyers be paid?

    Class Counsel has prosecuted this case seeking damages and injunctive relief for the Class on a contingency fee basis. The Court has granted final approval of the Settlement, and awarded Class Counsel reasonable attorneys’ fees, costs, and expenses of $655,000 to compensate and reimburse them for their efforts and risks incurred in prosecuting this case and obtaining the Settlement benefits for the Class. Separate and apart from the Settlement benefits described in FAQ 7 above, Defendants will pay the fees and expenses that the Court awards, as well as the costs to provide notice to the Settlement Class and to administer the settlement.

    These amounts will not come out of the funds for benefits to Settlement Class Members. No Settlement Class Member will pay anything. Class Counsel filed their application with the Court for an award of attorney’s fees, costs, and expenses.

  18. How do I object to the Settlement?

    The deadline to object to the Settlement has passed. Objections must have been filed with the Court by July 11, 2017, and mailed to each of the following three addresses, postmarked by July 11, 2017:

    COURT CLASS COUNSEL DEFENSE COUNSEL
    Clerk of the Court
    Circuit Court of Jackson County
    Independence Courthouse
    308 W. Kansas
    Independence, MO 64050
    Christopher S. Shank
    David L. Heinemann
    Shank & Moore, LLC
    1968 Shawnee Mission Parkway Suite 100
    Mission Woods, KS 66205
    Daniel E. Tranen
    Wilson Elser Moskowitz Edelman & Dicker LLP
    101 West Vandalia Street, Suite 220
    Edwardsville, Illinois 62025
  19. What is the difference between objecting and asking to be excluded?

    Objecting is telling the Court that you do not like something about the Settlement. You can object only if you stayed in the Class. Excluding yourself from the Class is telling the Court that you do not want to be part of the Class or participate in the Settlement. If you excluded yourself, you have no basis to object because the case no longer affects you.

  20. When and where did the Court decide to approve the Settlement?

    The Court held a Fairness Hearing at 1:30 p.m. on August 3, 2017 in the Circuit Court of Jackson County, Missouri at Independence, 308 W. Kansas, Independence, Missouri 64050.

    At the Fairness Hearing, the Court considered whether the Settlement was fair, reasonable, and adequate. The Court considered objections and decided how much to pay Class Counsel and the Class Representatives incentive awards for prosecuting this case on behalf of the Class. The Parties have agreed that Class Counsel request from the Court incentive awards for the Class Representatives in the amount of $5,000 apiece. The Court decided at that hearing to grant final approval of the Settlement.

  21. Where do I get more information?

    This website provides a summary of the Settlement. More details are available in the Settlement Documents section of this website where you will find the Settlement Agreement, Detailed Notice, the Court’s Order Granting Preliminary Approval of the Class Action Settlement, Opinion of the Missouri Court of Appeals, Mandate of Missouri Court of Appeals and Missouri Supreme Court Order Denying Transfer. Updates regarding the case will be posted on the Settlement website. You may also call the Settlement Administrator at 1-866-276-3832 or write with questions to the Settlement Administrator at:

    Real Ham Bone Settlement
    c/o Dahl Administration, LLC
    PO Box 3614
    Minneapolis, MN 55403-0614