Ecological Alliance LLC v. Black & Decker (U.S.) LLC, individually and dba Irwin Industrial Tool Company
Published: Apr. 2, 2021 | Result Date: Mar. 10, 2021 | Filing Date: Dec. 31, 2020 |Case number: 20STCV49639 Settlement – $28,900
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Miguel A. Custodio
(Custodio & Dubey LLP)
Vineet Dubey
(Custodio & Dubey LLP)
Defendant
Kevin R. Crisp
(Lester & Cantrell, LLP)
Facts
Plaintiff Ecological Alliance LLC filed suit against Defendant Black & Decker (U.S.) LLC in relation to defendant's products.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant knowingly and intentionally exposed consumers to Diisononyl phthalate, also known as DINP, contained in it products including its drill bit sets with pouches. Plaintiff contended DINP caused birth defects, cancer and other reproductive harm. Plaintiff further contended Defendant knew its products contained DINP but failed to give clear and reasonable warning to its consumers.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions.
Result
The case settled for $28,900 and under the agreement, the products must be reformulated to less than 0.1 percent DINP or warning labels must be placed.
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