John Moore v. Victory International Group LLC, Wal-Mart Stores Inc., and Does 1 through 100, inclusive
Published: Mar. 26, 2016 | Result Date: Dec. 29, 2015 | Filing Date: Jan. 1, 1900 |Case number: CGC-15-543815 Settlement – $12,000
Court
San Francisco Superior
Attorneys
Plaintiff
Christopher C. Moscone
(Moscone Emblidge & Otis LLP)
Clifford A. Chanler
(The Chanler Group)
Defendant
Jonathan Welner
(Jeffer Mangels Butler & Mitchell LLP)
Hillary J. Baca
(Verity Health System)
Matthew S. Kenefick
(Jeffer, Mangels, Butler & Mitchell LLP)
Facts
John Moore sued defendants for allegedly violating the California Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Moore contended that defendants offered headphones with vinyl/PVC components containing di(2-ethylhexyl)phthalate (DEHP) for sale in California without providing the health hazard warning required by Proposition 65.
DEFENDANT'S CONTENTIONS:
Victory International Group denied Moore's contentions and asserted various affirmative defenses.
Result
Pursuant to the settlement reached between Moore and Victory International, Victory International agreed to reformulate its products going forward, pay $12,000 in civil penalties ($9,000 of which will be waived if Victory International reaches certain injunctive benchmarks), and reimburse Moore $42,000 for his attorney fees and costs.
Other Information
The settlement also provided a downstream release of claims to Walmart.
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