Replies to post #53 on Trinity Industries Inc (TRN)

[x1power]

It might well be interesting, if TRN comes to the conclusion: that it can no longer 'be purposed by present and continuing market supply conditions' . . . to promote and obtain reasonable science . . . and thus to guarantee a reasonable and normal product presentation profitably.

Then, we shall see who will be willed to undertake such.
Surely foreign made crash guard-rails will prove enlightening,
as to specific contract standards.

Why would any normally intelligence management and BODs be inclined to brother, promoting its mission as to fund and stand behind a technology that is so marginal, to its overall corporate goal and image?

Then, let the Feds and the States 'raddle on' amongst themselves, as to how and who will replace the 'suspect' guard-rail needed in the future.

And, of course, we might just find the needy parties having to publicly fund in-house against future guard-rail mishaps (as private insurers could find it 'of a hazard' and negatively skewed to their corporative image being continually involved in the public media, in a negative associative context)?

Further, will the DC crowd sponsors, want Highway Improvement Funding going to pull out reasonably proper guard rails, or rather to patch and re-road their hillbilly roadway mess nationwide developing?

Then, Oh the pain, of claims from driver-less vehicles 'miss-acting'. One might ponder, in all due respect to the legal profession cross-section, can a robot system be a subject of legality? I Robot . . . and all. Sky Net shall surely take issue with an illogical processing outcome?

TRN could quite well find itself, with a very favorable settlement of issue, out-of-court?
Practically, when the vaunted offended parties find no one stepping into their replacement nightmare can-of-worms.

[Enterprising Investor]

Trinity Industries, Inc. Addresses Judgment in the Eastern District of Texas and Announces It Intends to Seek Reversal of Judgment (6/09/15)

DALLAS--(BUSINESS WIRE)--Trinity Industries, Inc. (NYSE:TRN) today announced that the United States District Court for the Eastern District of Texas, Marshall Division, has entered judgment in the federal False Claims Act (the “Act”) case filed against the Company by Joshua Harman involving the ET Plus® System (“ET Plus”). Trinity Highway Products, LLC manufactures the ET Plus pursuant to exclusive licensing granted by the Texas A&M University System. The judgment was expected after post-verdict, court-ordered mediation failed to resolve the numerous legal issues involved.

In October 2014, a jury awarded $175.0 million in damages in this case which alleged certain violations of the Act. Under the Act, the award is automatically trebled to $525.0 million. In addition, the District Court imposed civil penalties in the amount of $138.4 million and awarded attorney’s fees, expenses and costs to the relator in the amount of $19.0 million. The amount of the total judgment is $682.4 million. To appeal the case, the Company may be required to post a supersedeas bond that could equal the amount of the judgment entered plus interest, which the Company expects to obtain on an unsecured basis.

The Company believes the evidence clearly shows that no fraud was committed. Trinity also believes that the trial court made significant errors in applying the federal law to Mr. Harman’s allegations and, therefore, the judgment is erroneous and should be reversed in its entirety. Trinity intends to file certain post-judgment motions and, depending upon the District Court’s rulings on those motions, to appeal to the United States Court of Appeals for the Fifth Circuit.

The Federal Highway Administration (“FHWA”) has repeatedly confirmed that the ET Plus is fully compliant with all applicable federal safety regulations—and that the ET Plus is and has always been eligible for reimbursement under the Federal-aid highway program.

In a Mandamus Order preceding the second trial in this case, the Fifth Circuit made clear that it had concerns with the trial court proceedings, and that the Company has a “strong” legal argument that it has made no false claims to the United States government, based on previous statements by the FHWA that the ET Plus is compliant with federal safety standards and therefore fully eligible, in the past, present and future, for federal reimbursement claims.

After the trial, in December 2014 and January 2015, the ET Plus was again tested and again passed the applicable safety standard, the National Cooperative Highway Research Program Report 350 testing criteria, in eight additional independent crash tests by the Southwest Research Institute. The FHWA, in consultation with its independent consulting expert, confirmed that the ET Plus passed the Report 350 criteria for all eight crash tests. The ET Plus has been successfully crash tested more times than any other highway product of its kind.

Trinity takes all allegations concerning the ET Plus seriously and is committed to roadway safety and will continue to defend its position and protect its reputation. The Company is proud of its employees, the market-leading products it manufactures, and the professional and ethical manner in which it has and will continue to conduct its business.

Information from the FHWA pertaining to the ET Plus® System may be found at: http://www.fhwa.dot.gov/guardrailsafety/.

For general information pertaining to purpose, function, and crashworthiness of guardrails reference the FHWA document entitled “Guardrail 101,” found at: http://www.fhwa.dot.gov/guardrailsafety/guardrail101.pdf.

For additional facts and product information related to the ET Plus® System, you can refer to www.etplusfacts.com.

Trinity Industries, Inc., headquartered in Dallas, Texas, is a diversified industrial company that owns market-leading businesses, which provide products and services to the energy, transportation, chemical, and construction sectors. Trinity reports its financial results in five principal business segments: the Rail Group, the Railcar Leasing and Management Services Group, the Inland Barge Group, the Construction Products Group, and the Energy Equipment Group. For more information, visit: www.trin.net.

Trinity Highway Products, LLC is a subsidiary of Trinity Industries, Inc.

http://www.businesswire.com/news/home/20150609006754/en/Trinity-Industries-Addresses-Judgment-Eastern-District-Texas#.VXdraYnbKUk