Erika McCartney v. Weber-Stephen Products LLC, WSP Holdings Co., and Does 1 through 500, inclusive
Published: Apr. 30, 2016 | Result Date: Mar. 30, 2016 | Filing Date: Jan. 1, 1900 |Case number: CGC-14-543457 Settlement – Permanent Injunction
Court
San Francisco Superior
Attorneys
Plaintiff
Melvin B. Pearlston
(Pacific Justice Center)
Robert B. Hancock
(Pacific Justice Center)
Defendant
Howard A. Slavitt
(Coblentz, Patch, Duffy & Bass LLP)
Facts
Plaintiff brought an action against defendant under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant sold and distributed in California Weber brand "wood chips" and "wood chunks" containing wood dust (lignocellulose), a known carcinogen, without providing the requisite Proposition 65 health warnings.
DEFENDANT'S CONTENTIONS:
Defendants denied plaintiff's allegations and asserted various affirmative defenses.
Result
Pursuant to the stipulated consent judgment, Weber was permanently enjoined from offering its products without the required Proposition 65 warnings. It will also pay a $10,000 civil penalty and reimburse McCartney $40,000 for her attorney fees.
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