Whitney R. Leeman v. Enermax USA Corporation, et al.
Published: Dec. 10, 2016 | Result Date: Oct. 5, 2016 | Filing Date: Jan. 1, 1900 |Case number: 16CV290343 Settlement – $15,000
Court
Santa Clara Superior
Attorneys
Plaintiff
Christopher Tuttle
(The Chanler Group)
Clifford A. Chanler
(The Chanler Group)
Defendant
Jeffrey B. Margulies
(Norton Rose Fulbright US LLP)
Facts
Whitney Leeman sued Enermax Corp. pursuant to Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant allegedly manufactured, sold, or otherwise made available in California vinyl/PVC earphone cords that contain DEHP, a chemical known in the state to cause birth defects and other reproductive harm, without providing the requisite Prop. 65 exposure warning.
DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and maintained it was in compliance with all laws at all times.
Result
Leeman and Enermax entered into a consent agreement providing both injunctive and monetary relief. As part of the agreement, Enermax agreed to make available only reformulated products and pay $15,000 in civil penalties.
Other Information
FILING DATE: Feb. 8, 2016.
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