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Consumer Law
Consumer Protection
Violation of Proposition 65

Whitney R. Leeman v. Partrade Trading Company LLC, and Does 1 through 150, inclusive

Published: Dec. 20, 2014 | Result Date: Apr. 9, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CIV1304144 Settlement –  $46,000

Court

Marin Superior


Attorneys

Plaintiff

Christopher M. Martin
(The Chanler Group)

Stephen E. Cohen


Defendant

Raymond H. Hua
(Yukevich Cavanaugh)


Facts

Whitney Leeman sued Partrade Trading Company LLC, for alleged violations of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Leeman claimed that Partrade manufactured or otherwise made available for sale vinyl covered hoof picks, 6-way revolving leather punches, and fence pliers that contained DEHP, a product known in California to cause birth defects and other reproductive harm, without providing warnings required by Proposition 65.

DEFENDANT'S CONTENTIONS:
Partrade denied Leeman's allegations.

Result

The parties entered into a consent judgment that provided for injunctive and monetary relief of $36,000. Partrade agreed to only manufacture or make available for sale reformulated products and provide the requisite warnings. In addition, Partrade also agreed to pay a total of $13,000 in civil penalties. The $46,000 settlement includes $33,000 in attorney fees. The remaining $13,000 is the agreed upon civil penalty, $10,000 of which will be waived upon compliance with the conditions of the consent judgment.


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