Peter Englander v. Room & Board Inc., The Best Master Enterprises Inc., Intercon Inc., Human Touch LLC, Lifestyle Solutions Inc., Best Buy Stores LP, The TJX Companies Inc., Ross Stores Inc., American Leather Inc., Al Legacy Partners Inc.
Published: Feb. 1, 2014 | Result Date: Nov. 27, 2013 | Filing Date: Jan. 1, 1900 |Case number: RG13672407 Settlement – $116,000
Court
Alameda Superior
Attorneys
Plaintiff
Troy C. Bailey
(Voorhees & Bailey LLP)
Clifford A. Chanler
(The Chanler Group)
Defendant
Barbara R. Adams
(Clark Hill LLP)
Stephanie A. Stroup
(Federal Express Corp.)
Gary J. Smith
(Beveridge & Diamond PC)
Joshua A. Bloom
(Meyers Nave Riback Silver & Wilson PLC)
Facts
Peter Englander filed a representative suit against Room & Board Inc., alleging that they manufactured and sold products in California that violated Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Englander alleged that R&B sold products with foam cushioned components containing tris(1,3-dichloro-2-propyl) phosphate, or TDCPP, without including appropriate health hazard warnings. TDCPP is a known carcinogen.
DEFENDANT'S CONTENTIONS:
Room & Board denied Englander's allegations, and maintained that its products were safe and in compliance with the law.
Result
The parties agreed to a consent judgment. Room & Board agreed not to manufacture or sell any products that contained detectable levels of TDCPP, meaning more than 25 parts per million. Room & Board also agreed to pay $81,000 in civil penalties, and $35,000 to Englander as attorney fees.
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