Paul Wozniak v. Tailor Made Products Inc., Wal-Mart Stores Inc., Family Dollar Stores Inc., Family Dollar Services Inc., and Does 1 through 150, inclusive
Published: Mar. 21, 2015 | Result Date: Jan. 29, 2015 | Filing Date: Jan. 1, 1900 |Case number: RG14731486 Settlement – $137,500
Court
Alameda Superior
Attorneys
Plaintiff
David J. Voorhees
(Voorhees & Bailey LLP)
Defendant
Judith M. Praitis
(Sidley Austin LLP)
Facts
Paul Wozniak filed a complaint against Tailor Made Products Inc., Wal-Mart Stores Inc., Family Dollar Stores Inc., and Family Dollar Services Inc., regarding requirements under Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants manufactured and/or sold nylon cooking utensils containing 4,4'-Methylededianiline, a chemical known to the state to cause cancer, without the requisite warnings as required under Proposition 65.
DEFENDANTS' CONTENTIONS:
Defendants maintained that they were in compliance with all laws at all times.
Result
Wozniak reached a settlement with Tailor Made that provided both injunctive and monetary relief. As part of the settlement, Tailor Made agreed to reformulate its product and provide the requisite warnings. It also agreed to pay $82,500 in civil penalties and $55,000 as reimbursements for fees and costs.
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