Peter Englander v. Home Meridian Holdings Inc., L. Powell Acquisition Corp., Mathis Bros. Oklahoma City LLC, Schnadig International Corporation, Stanley Furniture Company Inc., Steve Silver Company, and Does 1 through 150, inclusive
Published: Oct. 18, 2014 | Result Date: Mar. 31, 2014 | Filing Date: Jan. 1, 1900 |Case number: RG13685328 Settlement – $119,000
Court
Alameda Superior
Attorneys
Plaintiff
Clifford A. Chanler
(The Chanler Group)
Defendant
Dana P. Palmer
(Allen Matkins Leck Gamble Mallory & Natsis LLP)
James R. Maxwell
(Rogers Joseph & O'Donnell)
Facts
Peter Englander filed a representative action against Steve Silver Co. for alleged violations of Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Englander argued that Steve Silver manufactured, imported, sold, and/or distributed furniture products with foam cushioned components that contained tris(1,3-dichloro-2-propyl) phosphate, known as TDCPP, and tris(2-chloroethyl) phosphate, or TCEP. Steve Silver did so without including required Proposition 65 health hazard warnings. TDCPP and TCEP are both listed in Proposition 65 as known to cause cancer, and require clear and reasonable warnings on products containing them.
Result
The parties settled. Steve Silver denied all allegations, but agreed that its products would not contain more than 25 parts per million of TDCPP and TCEP. Steve Silver also agreed to pay $81,000 in civil penalties, and $38,000 to Englander as reimbursement for his fees and costs. Additional civil penalties are only payable if Silver does not meet the 25 ppm standards as agreed.
Other Information
FILING DATE: June 26, 2013.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390