Russell Brimer v. Anest Iwata-Medea Inc., et al.
Published: Dec. 13, 2014 | Result Date: Oct. 6, 2014 | Filing Date: Jan. 1, 1900 |Case number: RG14732193 Settlement – $48,500
Court
Alameda Superior
Attorneys
Plaintiff
David J. Voorhees
(Voorhees & Bailey LLP)
Defendant
R. Christopher Locke
(Farella, Braun & Martel LLP)
Facts
Russell Brimer sued Anest Iwata-Medea Inc., claiming its products contained components that violated Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant manufactured or otherwise made available metal nozzle fittings containing lead, which was a chemical known in the state to cause birth defects and other reproductive harm. Plaintiff alleged that defendant failed to provide the requisite Proposition 65 health hazard warnings.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and maintained that it was in compliance with all laws.
Result
The parties agreed to a consent judgment, which provided both for injunctive relief and payment of $16,500 in civil penalties. As part of the injunctive relief, Anest agreed to sell only reformulated products and to provide the requisite warnings. Anest also agreed to pay costs to Brimer in the amount of $32,000.
Other Information
FILING DATE: July 9, 2014.
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