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Consumer Law
Consumer Protection
Violation of Proposition 65

John Moore v. Gibson Guitar Corp., and Does 1 through 150

Published: Mar. 21, 2015 | Result Date: Feb. 4, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CIV1300076 Settlement –  $95,000

Court

Marin Superior


Attorneys

Plaintiff

Clifford A. Chanler
(The Chanler Group)

Gregory M. Sheffer
(The Sheffer Law Firm)


Defendant

Keith D. Chidlaw
(Schuering, Zimmerman & Doyle LLP)

David H. Bate
(Young Zinn & Bate LLP)


Facts

John Moore sued Gibson Guitar Corp. and Ace Product Management Group Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants manufactured and/or sold vinyl/PVC beverage mats that contained DEHP, a chemical known to the state to cause reproductive harm, without the requisite warnings as required under Proposition 65.

DEFENDANTS' CONTENTIONS:
Defendants maintained that they have complied with all laws at all times.

Result

Moore reached a settlement with Gibson and Ace (the settling parties) that provided both injunctive and monetary relief. As part of the settlement, the settling parties agreed to reformulate their product and provide the requisite warnings. They also agreed to pay $14,500 in civil penalties and pay $80,500 in total reimbursements for fees and costs.

Other Information

FILING DATE: Jan. 8, 2013.


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