Center for Environmental Health, a non-profit corporation v. Lulu NYC LLC, et al.
Published: Jun. 19, 2010 | Result Date: Jun. 3, 2010 | Filing Date: Jan. 1, 1900 |Case number: RG 09-459448 Settlement – $1,700,000
Court
Alameda Superior
Attorneys
Plaintiff
Howard Hirsch
(Lexington Law Group)
Eric S. Somers
(Lexington Law Group)
Defendant
Rocky C. Tsai
(Ropes & Gray LLP)
Malcolm C. Weiss
(Hunton, Andrews & Kurth LLP)
Rachel S. Doughty
(Greenfire Law PC)
William F. Tarantino
(Morrison & Foerster LLP)
Tedd S. Levine
(Law Office of Tedd S. Levine LLC)
Scott A. Wilson
(Law Offices of Scott A. Wilson)
Michael D. Abraham
(Bartko LLP)
John J. Allen
(Allen, Matkins, Leck, Gamble, Mallory & Natsis LLP)
Robert L. Falk
(Morrison & Foerster LLP)
William L. Troutman
(Norton Rose Fulbright US LLP)
Jeffrey B. Margulies
(Norton Rose Fulbright US LLP)
Facts
The Center for Environmental Health (CEH), a private non-profit organization, identified the presence of lead and lead compounds in various components of samples of following examinations of several vinyl and faux leather handbags, purses, and wallets, which were purchased at retail stores. On June 24, 2009, CEH brought an action under California Proposition 65 against 40 major retailers and apparel manufacturers, including Macy's, Target, Kohl's, JC Penney, Guess, Sears, Kmart, Saks, and Victoria's Secret, alleging these retailers and manufacturers had failed to provide required warnings under that law in connection with the sale of these items.
Result
The parties reached a settlement in the form of a consent judgment pursuant to which the settling defendants, without admitting liability, agreed pay a total of approximately $1.7 million to reimburse CEH for its costs and attorneys fees as well as to make payment to the California Office of Environmental Health Hazard Assessment. The settling defendants also agreed as part of the consent judgment to reduce the lead concentrations in the various components of the handbags, purses and wallets.
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