Russell Brimer v. Kaltex North America Inc., Revman International Inc., et al.
Published: Dec. 10, 2016 | Result Date: Nov. 2, 2016 | Filing Date: Jan. 1, 1900 |Case number: 16CV302093 Settlement – $2,000
Court
Santa Clara Superior
Attorneys
Plaintiff
Warren M. Klein
(Chanler Group)
David J. Voorhees
(Voorhees & Bailey LLP)
Defendant
Malcolm C. Weiss
(Hunton, Andrews & Kurth LLP)
Facts
Russel Brimer sued Kaltex North America Inc., Revman International Inc., and other defendants pursuant to Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendants allegedly manufactured, sold, or otherwise made available in the state tumblers with exterior designs that contain lead, a chemical known in the state to cause cancer, birth defects or other reproductive harm, without providing the requisite Prop. 65 warnings.
DEFENDANTS' CONTENTIONS:
Defendants maintained it was in compliance with all laws at all times.
Result
Brimer reached a consent judgment with Kaltex and Revman, providing both for injunctive and monetary relief. As part of the judgment, defendants agreed to make available only reformulated products and provide the requisite warnings. Defendants also agreed to pay $2,000 in civil penalties.
Other Information
FILING DATE: Oct. 31, 2016.
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