Whitney R. Leeman v. Sabian Ltd., Sabian Inc., and Does 1 through 150, inclusive
Published: Mar. 28, 2015 | Result Date: Jan. 5, 2015 | Filing Date: Jan. 1, 1900 |Case number: RG14725562 Settlement – $36,500
Court
Alameda Superior
Attorneys
Plaintiff
Troy C. Bailey
(Voorhees & Bailey LLP)
David J. Voorhees
(Voorhees & Bailey LLP)
Defendant
Edward P. Sangster
(K&L Gates LLP )
Daniel W. Fox
(K&L Gates LLP)
Facts
Whitney Leeman sued Sabian Ltd. and Sabian Inc., regarding requirements under Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants manufactured and/or sold cymbal bags with vinyl/PVC shoulder strap pads containing DEHP, a chemical known in the state to cause birth defects or other reproductive harm, without the requisite health warnings as required under Proposition 65.
DEFENDANTS' CONTENTIONS:
Defendant Sabian Ltd. denied the allegations and maintained its compliance with all laws.
Result
Sabian Ltd. reached a settlement with Leeman that provided both injunctive and monetary relief. As part of the settlement, Sabian Ltd. agreed to sell/distribute only reformulated products and pay $8,000 in civil penalties plus $28,500 in reimbursements for fees and costs.
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