MTH 2008 Volume 2 Catalog Available On-Line
MTH has released their 2008 Volume 2 catalog on-line. I haven't had a chance to review it yet but you can by clicking here.
OGaugeWatch.com is written by David Hartmann. View Dave's about page.
MTH has released their 2008 Volume 2 catalog on-line. I haven't had a chance to review it yet but you can by clicking here.
In what should be one of their last court appearances, lawyers for MTH, Lionel and Sanda Kan (Lionel’s principal manufacturer of trains) appeared in a New York Bankruptcy Court on March 27th.
At the end of the hearing, Judge Burton Lifland approved Lionel’s confirmation plan for reorganization. The court also approved Lionel’s settlement with MTH.
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Continue reading "Court Approves Lionel's Bankruptcy Plan and Settlement with MTH by Erol Gurcan" »
MTH released a new version, version 4.0, of their DCS (Digital Command System) software. Visit the MTH website for more details.
MTH has posted a short video of their new HO GS4 locomotive in action. Check out the video here.
MTH put together a video of their new Union Pacific 4-12-2 locomotive in action. View the video here.
More information, including great detail shots of the locomotive, are available on the MTH website.
MTH announced the addition of another locomotive to their new HO scale line of products. The third steam locomotive offering in the line will be the Southern Pacific GS4. Read the details in the official press release here.
MTH announced that the Flying Scotsman locomotive will be offered as part of their 2008 Volume 2 catalog. The Flying Scotsman joins the Orient Express, which debuted in MTH's 2008 Volume 1 catalog, in MTH's European lineup. Read the press release here.
MTH's new 2008 Ready To Run catalog is now available on-line. I'm glad to see the Blue Comet set is being offered again. The Amtrak Pacific Surfliner and UP SD70ACe sets are sweet too. Check out the catalog here.
MTH has announced that their Ready To Run catalog will be released on-line on Monday, February 4th. Here is the MTH announcement:
January 23, 2008 - M.T.H. Electric Trains will be releasing its annual Ready-to-Run Train Set and Accessory catalog featuring our Tinplate Traditions and RailKing product lines on Monday, February 4, 2008. M.T.H. Authorized Retailers will receive their initial counter copies that week and an online version of the catalog will be posted that Monday morning. M.T.H. mailing list subscribers will receive their copies in April when the 2008 Volume 2 catalog ships.
Thanks for the tip Justin.
MTH and Mike Wolf were featured on a morning show in Washington, DC. Check out the video here. It's a two part feature so be sure to click on part two in the "Side Bar" to the right of the main feature.
There was some model train litigation involving Lionel and MTH in two different courts on 1/10/08.
Firstly, in the New York City Bankruptcy Court, Lionel’s motion for a 7th extension of the exclusive period in which to file its reorganization plan, was granted by Judge Lifland. MTH’s lawyer, Alec Ostrow did not oppose the motion. The court’s order gives Lionel the exclusive right until March 31 file its plan with the court. Others including MTH may file alternative plans after that up and until May 30.
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In my last legal article, (written at the request of the Coil Couplers web site), I stated that in MTH’s fraudulent transfer of assets lawsuit against Korea Brass aka Hagye Trading/Model Korea Trading (MKT), the court on November 20, 2007 issued a temporary restraining order (TRO) and entered an order directing all monies paid by Lionel to Korea Brass were to be deposited into a court approved interest bearing escrow account. The practical effect of this was, Lionel, which is not a party in MTH’s lawsuit against Korea Brass, will not be able to take delivery of trains that it paid for and which were manufactured by KB, since the money is going into a court escrow account rather than directly to KB. Ultimately, we hobbyists will not be able to purchase the trains which are affected in these legal proceedings, at least for now.
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Continue reading "MTH Attempts To Collect $$$ From Korea Brass by Erol Gurcan" »
As Associated Press story about Lionel and MTH was posted on the Forbes website recently. It's an interesting read and features a quote from Erol Gurcan. Check it out here.
Over the last two days, there have been a few posts on the Coil Couplers of America website stating that MTH has cut off Lionel’s supply of locomotives, including some of the new Legacy models, from its supplier Model Korea Trading Company (aka MKT, the company named in the Coil Couplers post of the last two days) due to the court ordered stoppage of payments by Lionel.
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Continue reading "Legal Explanation of Latest Coil Couplers Posts" »
MTH has published a list of corrections for their 2008 Volume 1 catalog. View the list here.
I don't own MTH's Digital Command System but if you do you'll want to be ready to update your system when MTH releases the next version of the control system. MTH posted the first of a two part tutorial on how to use MTH's DCS Loader software on their website. You'll need to use the DCS Loader to upgrade your DCS components and ProtoSound 2 equipped locomotives with the updated control system. View Part 1 of the tutorial here.
My goal is to keep this report short and sweet (a novel concept for a lawyer). Here is the current status of the MTH Lionel settlement as of this morning.
MTH's and Lionel's lawyers were back in bankruptcy court on October 25th. Lionel CEO Jerry Calabrese and Mrs. Martin Davis were present. MTH's Mike Wolf was not. It was not necessary for him to be. I also attended the proceedings.
Click on the link below to read on
Continue reading "Current Status Of MTH, Lionel Lawsuits Settlement By Erol Gurcan" »
MTH's 2008 Volume 1 catalog is available to be viewed online. The latest from MTH includes a number of items in MTH's less expensive but highly detailed Imperial Line. These items include the 4-6-4 Hiawatha Passenger Set which is a great deal at a MSRP of $499.99 for the 4-6-4 and a set of 4 passenger cars, the Norfolk & Western Class "J" Northern Steam engine and the 4-6-4 Hudson Empire State Express. I got a chance to look at most of the new Imperial Line products at the York show and they all were very nice.
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The Associated Press ran a story this week about the Lionel Bankruptcy hearing. Read the story here.
It's been about 2 months since I have written anything substantive about the Lionel MTH Trade secrets case or about the status of Lionel's bankruptcy. That's because there was little going on in the proceedings during this period of time. As you may recall, on August 13, MTH filed an appeal concerning Judge Lifland's August 2 rulings in favor of Lionel. On August 2, Judge Lifland ruled that any future trial (the Bankruptcy Code 502(c) damages estimation hearing) in the trade secrets case would be held before him, instead of in the Federal District Court in Detroit Michigan, and granted a fifth extension of time to Lionel to file an exclusive bankruptcy plan with the court. MTH had opposed Lionel's motion for exclusivity and proposed three alternative plans which were rebuffed by Judge Lifland.
Click on the link below to read on
Continue reading "Lionel And MTH Making Progress In Trade Secrets Case By Erol Gurcan" »
When MTH entered the HO market with the release of their K4 Pacific locomotive I thought it was a good move and it turned out, according to the hobby shops I frequent that sold it, to be a popular item among the HO crowd. MTH recently announced the addition of another locomotive to their HO roster, the Erie Triplex. It's a sharp looking engine that will retail for $499.00. View photos of MTH's HO Triplex here.
UPDATE: MTH has posted a video of the Triplex in action here.
Here are a few stories from the last week or so that broke while OGaugeWatch was on vacation.
MTH has released a new version of their DCS software (v 3.11) to enable owners of the Coors Light Silver Bullet set to activate the Coors Light refer car functions using the DCS Remote's "softkeys". Visit the MTH web site for more details. You can download version 3.11 from here.
Related posts:
Lionel won two major and important rulings from Judge Lifland in the bankruptcy court this morning. The more important of these was the decision that the future trial (in others words,the Bankruptcy Code section 502c "damages estimation hearing') in the trade secrets case would be tried before the judge, instead of a jury trial in the Federal District Court in Detroit, Michigan. The second important ruling was Lionel was granted a fifth extension of time, giving it the exclusive right to file its bankruptcy reorganization plan.
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Continue reading "Lionel Wins Major Rulings In Bankruptcy Court" »
The Baltimore Sun ran an article about the MTH vs. Lionel case. The article contains quotes from Lionel's CEO, Jerry Calabrese, the lead attorney for MTH and Tom McComas of TM Books & Video. Read it here.
Attorneys for both MTH and Lionel were back in a New York Bankruptcy Court on July 10th. Both MTH's Mike Wolf and Lionel's Jerry Calabrese were present. I was present for part of the day.
On the docket were several items, including Lionel's motions seeking court approval to pay its lawyers and accountants etc. the fees earned between January 1, 2007 to April 30, 2007. These motions were unopposed. Judge Lifland approved all of them and entered an order to that effect.
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Continue reading "MTH Lionel Update: Parties In Settlement Talks by Erol Gurcan" »
In my last article, I summarized that Lionel and MTH were in court on June 27th, with Lionel’s attorneys were attempting to convince Bankruptcy Judge Burton Lifland that he should try the trade secrets and separate $17.5 million dollar patent infringement case to expedite their exit from bankruptcy. MTH’s attorneys had cross-moved to send the trade secrets case back for trial to the Federal District Court in Michigan, the court where a jury awarded them $40.7 million dollars in June 2004.
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Lionel and MTH’s attorneys were back in a New York bankruptcy court on June 27th before Judge Burton Lifland. Interestingly, the courtroom was crowded since a lot was potentially riding on the hearing. Lionel’s CEO and President Jerry Calabrese, and Chief Financial Officer Scott Turkington were present in court. They were scheduled to testify and later did. More about that later. Mrs. Martin Davis was present as well. MTH’s Mike Wolf was not.
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MTH announced that their Coors Light Silver Bullet train will be shipping in July. You can view the train in action here.
Related Posts:
Recently, MTH released information on their website about the 2007 Dealer Appreciation Program. This year the DAP contains a beautiful model of a Norfolk Southern F-7 locomotive dressed in the "Tuxedo" paint scheme. The F-7 is used to power Norfolk Southern's Executive Train. Check out a picture of the F-7 and the rest of the DAP offerings here.
If you are not familiar with the MTH's DAP, here's an explanation from the MTH website:
...the 2007 Dealer Appreciation Program features a limited selection of items, each in a specially marked D.A.P. package, that will not appear in any M.T.H. catalog in their DAP configuration. To make these limited edition products truly special, we offer each Authorized M.T.H. Retailer only two of these special packages.
In my last article, I stated that Lionel's motion for the damages estimation hearing (which would actually be a trial on this issues of potential liability and damages in the trade secrets case) and MTH's cross-motion to have the trial take place in the Federal District Court in Michigan (the court where the jury awarded MTH $40.7 million dollars on June 7, 2004) were scheduled to be heard in the New York Bankruptcy Court today. However, both motions were adjourned to June 27, 2007. Thus, nothing occurred in court today on this matter.
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MTH has abandoned its plans to seek redress in the United States Supreme Court concerning the trade secrets case. On May 30, 2007, MTH filed a motion (an application for a court order) with the Sixth Circuit Court of Appeals to vacate the 90 day stay that was previously granted by it so they could file a write of certiorari with the US Supreme Court. The Sixth Circuit has not decided the motion yet, but there is no reason to think that they will not grant it. Certainly, Lionel is not going to oppose it, and it will make less work for the US Supreme Court.
So the question becomes, Where do we go from here, or what happens next?
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Lionel filed its bankruptcy reorganization plan with the court on May 21. This was an important and necessary step in moving the trade secrets and patent infringement litigation forward, and in beginning the process to exit from bankruptcy.
I recently reviewed Lionel’s bankruptcy reorganization plan filed with the court. It contains some surprising and interesting legal, financial and hobby related information. Is Lionel opening a new office, now much does Lionel spend a year on new tooling, how much does it earn a year in royalties based on its trademark, and what are MTH’s annual sales based on Lionel’s estimates? If you would like to know the answers to these questions and more, then read on. The information for this post was obtained from Lionel’s reorganization plan filed with the bankruptcy court.
Continue reading "A Review Of Lionel's Bankruptcy Reorganization Plan by Erol Gurcan" »
Lionel and MTH's attorneys were back in a New York bankruptcy court 5/22/07. Lionel CEO Jerry Calabrese was present in court. MTH's Mike Wolf was not.
Lionel's lawyer, Adam Harris quickly informed Judge Lifland that Lionel filed their bankruptcy reorganization plan with the court yesterday. Among the items in the plan is payment in full of all unsecured claims with interest. The plan is necessary in order for Lionel to begin their exit from bankruptcy. Lionel has been in bankruptcy since November 15, 2004, a period of over 2 1/2
years.
Click on the link below to read on
MTH has announced 3 new additions to their Pittsburgh themed product line. The items include:
Iron City GP20 Diesel Engine w/PS2
The boxcar and caboose retail for $44.95, the GP20 has an MSRP of $299.95. All are scheduled for an October '07 delivery.
MTH has posted a complete listing of all 2007 Volume 2 catalog corrections, clarifications and updates on their web site. You can view them here.
As you may recall, on April 19, 2007, the Sixth Circuit Court of Appeals denied MTH's petition for a rehearing of its December 14, 2006 decision in the trade secrets case. That earlier decision vacated the jury's $40.8 million dollar judgment against Lionel and codefendant Korea Brass, and remanded the case to the District Court in Detroit, Michigan for another trial. Bankruptcy Judge Burton Lifland in New York has stated in the past he will hold a damages estimation hearing in the trade secrets case rather than let another trial take place in Detroit. The two model train rivals were recently holding mediation talks in New York in both the trade secrets case and patent infringement case. The next court date in the bankruptcy court is May 22.
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Continue reading "MTH Lionel trade secrets case: Headed to US Supreme Court? by Erol Gurcan" »
MTH announced several corrections to their 2007 Volume 2 catalog yesterday.
Premier Steam
Premier Diesel
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MTH's new 2007 Volume 2 O Gauge catalog is now available on-line. You can view it here.
Since purchasing a Southern Pacific GS4 Imperial Series locomotive from the last catalog, I've become a big fan of the Imperial line of MTH locomotives. This catalog contains a few new additions to the RailKing Imperial series including a 4-8-4 Northern, 0-6-0 Switcher and 2-8-2 Mikado. Other products that caught my eye are the RailKing 4-8-8-2 Cab Forward which operates on 0-31 track, the RailKing Commodore Vanderbilt 4-6-4 Hudson, the RailKing Galloping Goose, the Premier 4-6-2 K-4s Streamlined steam engine, the George Bush 41 paint scheme on the Premier SD70Ace and the set of Premier flat cars with M1a tank loads.
Related Posts
On April 19, The Sixth Circuit Court of Appeals denied MTH's petition for a rehearing of its December 14, 2006 decision. That earlier decision vacated the jury's $40.8 million verdict in favor of MTH in the trade secrets case, and remanded it to the Eastern District of Michigan for another trial. While the above news is certainly important, it is not unexpected. I stated in a post in January that MTH's chances of prevailing on the petition were small. Additionally, MTH's Attorney Alec Ostrow stated at least twice at the bankruptpcy court conference on January 9, 2007 that is was unlikely MTH would prevail on the petition.
The more important question now becomes, what is going to happen now that the appeals process is over. Where do we go from here?
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Continue reading "Appeal's Court Denies MTH's Petition For Rehearing by Erol Gurcan" »
Southern Pacific's
"Daylight" passenger trains awash with vermilion red and bright orange
stripes separated by silver pinstripes are arguably the most
beautifully decorated streamlined passenger trains to every ride the
rails. SP's famous Coast Daylight winding along California's coastline between Los Angeles
and San Francisco must have been some sight. Among rail fans, the most
popular Daylights were those pulled by the Lima Locomotive Works 4-8-4
class GS-4 Northern locomotives
decked out in the Daylight paint scheme. SP had 28 GS-4's on their
roster.
Today, O Gauge models of the SP GS-4 dressed in the Daylight paint scheme are very popular among enthusiasts. So much so that both Lionel and MTH offered the locomotive in very recent catalogs. Lionel is also releasing a K-Line by Lionel version as well. MTH cataloged a version of the GS-4 in the MTH 2006 Volume 2 O Gauge catalog as part of the RailKing Imperial product line. The Imperial line is marketed by MTH as a step above the RailKing line because Imperial locomotives include added details that would usually be found on MTH's more expensive Premier products.
Click on the link below to read on
Continue reading "Review: MTH's GS-4 and Matching Passenger Cars" »
MTH announced today that their 2007 O Gauge Volume 2 catalog will be distributed at the York TCA meet on Thursday, April 19th and counter copies will arrive in hobby shops as soon as April 18th. Mailing list subscribers will receive their copies the week of April 22nd. The on-line version of the catalog will not be released until Monday, April 22nd.
MTH unveiled this year's Spring TCA York collector boxcar. The car will be the 10th in the series and feature a picture of MTH's 2007 Volume 2 catalog. As usual, the cars can be distributed at the York TCA meet on a first come first serve basis. Cars are available to MTHRRC members for $25. Cost for non MTHRRC members is $30. MTHRRC members can reserve their car for pick up at York by logging into the MTHRRC Member page. Non members can reserve one for pick up by clicking here. Club memberships are available for purchase on-line here.
MTH has started shipping some new Premier line locomotives with a new wireless drawbar. Some enthusiasts have questioned the strength of the drawbar which is basically a thin printed circuit board encased in a plastic frame. With the circuit board now carrying the load of the tender and any cars connected to the tender, some are worried that the drawbar will break/crack due to stress, especially if the locomotive or tender is derailed.
This week's MTH newsletter addressed the questions of the drawbar's durability. MTH indicated that the circuit boards are "multi-layered composites of fiberglass and are quite strong." They also claim the circuit board can withstand twisting "up to 90 degrees without suffering damage" and that the drawbar never broke during extensive testing prior to market introduction. They don't give the details of how the drawbar was tested. As a side note, MTH also mentioned that all Premier line locomotives offered in their 2007 Volume 1 catalog (except 0-4-0 switchers) and all Premier locomotives offered in the upcoming 2007 Volume 2 catalog will ship with the wireless drawbar. Hopefully the drawbar will trickle down into their less expensive Rail King line in the 2008 catalogs.
Lionel and MTH's attorneys were back in bankruptcy court the morning of February 22nd for both a motion and status conference. Lionel CEO/President Jerry Calabrese and MTH owner Mike Wolf were not in court today. It was not necessary for them to be present. Both attended the last bankruptcy court conference on January 9 when both sides agreed to mediation. I attended today's court proceedings.
Click on the link below to read on
Continue reading "Court Grants Lionel's Motion; Mediation Begins by Erol Gurcan" »
If you're familiar the MTH v. Lionel trade secrets case or the Lionel v. K-Line technology theft case the name Robert Grubba should ring a bell. In the Lionel v. K-Line case, Lionel alleged that Mr. Grubba, its former Director of Engineering, played an important role in illegally passing Lionel's technology to K-Line while employed by K-Line. In the MTH v. Lionel case, Mr. Grubba held the post of Director of Engineering at Lionel when MTH alleged that Lionel stole trade secrets from MTH.
While paging through MTH's latest 2007 Ready to Run catalog on-line, I had to laugh when, in the Accessories section (page 61), I saw that MTH is offering a 3 Story City Building housing the offices of Grubba & Co. Paper Shredders.
You may remember my post from a few weeks ago announcing that several MTH Premier line steam locomotives in the MTH 2007 Volume 1 catalog where in danger of not being produced due to low early order sales. Well, MTH reported yesterday that all the Premier steam locos in question will be produced. MTH made the decision to add a new "wireless drawbar" to the locos in question plus other enhancements not documented in the catalog that I'm sure helped boost sales for these pieces.
Related Posts:
MTH Announces Addition of "Wireless Drawbar" to some Premier Steam Locomotives
On February 9, 2007, Lionel filed a motion (an application for a court order) with the bankruptcy court seeking an extension to file a chapter 11 reorganization plan. The motion seeks an exclusive 75 day period in which it be allowed a to file a plan after the appeals court either denies, or issues a final decision regarding MTH's petition for a rehearing of the trade secrets case appeal. On December 14, 2006, the Sixth Circuit Court of Appeals reversed the trial court jury's $40.7 million dollar verdict ($38.6 million directly against Lionel) rendered in June 2004, and remanded the case to the trial court for another trial.
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Lionel has asked the bankruptcy court to extend the deadline for filing a reorganinzaion plan. Read the story here.
MTH announced today that "counter copies" of their 2007 Ready to Run train set and accessory catalog will be available at train shops this week. MTH mailing list subscribers won't receive their copies until the 2007 Volume 2 catalog ships in April. The catalog is available on-line here.
Be sure to check out the Norfolk and Western Bantam J and Daylight Bantam J passenger sets.
On January 30, 2007, the attorneys for both Lionel and MTH signed a stipulation (legalese for agreement) agreeing to mediate MTH's separate trade secrets and patent infringement claims against Lionel. Bankruptcy Judge Burton Lifland "so-ordered" (approved) the stipulation on February 1, 2007. When the parties were last in the bankruptcy court on January 9, 2007, Lionel's attorney suggested mediation, MTH's lawyer agreed, and Judge Lifland directed the parties to do it.
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Continue reading "Lionel and MTH Sign Agreement for Mediation by Erol Gurcan" »