Current Cases

The following is a list of representative cases we are currently litigating:

• Benjamin Moore Natura Paint: Class action filed against Benjamin Moore & Co. alleging false advertising with respect to defective batches of Natura paint. Although the paint was marketed as virtually odorless, quick-drying and a good choice for consumers concerned about indoor air quality, the paint emits a strong, foul, and persistent odor that does not disappear even months after the paint has been applied.  In addition, many customers have complained that the paint never dries and remains wet and sticky for months. If you want to receive additional information about the case or are interested in participating in the action, please contact the Lexington Law Group at info@lexlawgroup.com. (Sway v. Benjamin Moore & Co.). The First Amended Complaint in Sway v. Benjamin Moore & Co. is available here.

• Staples Ink and Toner Cartridge Expiring Rewards Cards:  Class action filed against Staples, Inc. for violating California law by providing reward cards that expire in exchange for used ink and toner cartridges.  Under California law, it is illegal to provide reward cards that expire.  If you want to receive additional information about the case or are interested in participating in the action, please contact the Lexington Law Group at info@lexlawgroup.com (Pettigrew v. Staples, Inc.). The Complaint in Pettigrew v. Staples, Inc. is available here.

• Lead in Handbags, Footwear and Belts: Private Attorney General action against hundreds of retailers and manufacturers of fashion accessories containing substantial amounts of lead.  Our work has resulted in Consent Judgments against large national retailers and vendors of high-lead handbags, belts and footwear requiring reformulation to remove harmful and unnecessary levels of lead from these consumer products.  Examples of national retailers that have agreed to Court ordered reformulation include Aldo, Calvin Klein, Forever 21, Guess?, J.C. Penney, K-Mart, Kohl's, Limited, Liz Claiborne, Kate Spade, Macy's, Nine West, Saks, Sears, Target and Victoria's Secret.

• Lead and Cadmium in Jewelry: Environmental enforcement actions originally co-litigated with the California Attorney General that has thus far resulted in commitments by hundreds of major retailers, importers and manufacturers of costume jewelry to significantly reduce the levels of lead and cadmium in their jewelry. This case also lead directly to California’s landmark lead in jewelry statute, which was itself a precursor to passage of the federal Consumer Product Safety Improvement Act. (State of California v. Burlington Coat Factory; CEH v. Aeropostale, Inc., CEH v. Cara Accessories, Inc.; CEH v. Two's Company, Inc. ).  A Consent Judgment with an opt-in procedure allowing other entities to participate in the settlement was recently approved by the Court in the cadmium in jewelry Aeropostale case.  For information about the "opt-in" click here.

• Out-of-Network Health Care Reimbursement: Class action antitrust cases against major health care providers including Wellpoint and Aetna alleging conspiracy to artificially reduce reimbursements on “out of plan” claims by policy holders through the use of the fraudulent Ingenix database. (Weintraub v. Ingenix et al.; J.B.W. v. Unitedhealth Group et al.)

• Power Balance: Class action against Power Balance alleging false advertising and other claims with respect to the company’s marketing and sales of rubber bracelets that are advertised as enhancing user’s strength, balance and flexibility. In response to an investigation by the Australian government, the company admitted that it has “no credible scientific evidence” to support its advertising claims. (CFC v. Power Balance, LLC).

• Arsenic in Drinking Water Filters: Environmental enforcement actions seeking reformulation of drinking water filtration devices that leach arsenic into filtered water from activated carbon in the filters. Litigation has thus far resulted in Consent Judgments against major drinking water filter companies (Cuno, EcoWater, Everpure, General Electric, KX Industries, Pentair, PUR, Omnipure and Multipure) requiring them to remove arsenic from their activated carbon supply. (CEH v. General Electric Co. et al.; CEH v. Multi-Pure International et al.).  Our current investigation includes arsenic leaching from water filters made by Watts, Resin Tech, Crystal Quest and Quest Technologies.  If you own a filter manufactured by one of these companies and would like more information about the case, please contact the Lexington Law Group at info@lexlawgroup.com.

• Sirius XM Antitrust: Class action against Sirius XM challenging company’s abuse of monopolistic power to impose hidden cost increases on subscribers. (Blessing et al. v. Sirius XM Radio, Inc.).

• Paypal Frozen Funds: Class action against Paypal, Inc. and its parent E-Bay, Inc. alleging defendants placed illegal holds on customer accounts and denied customers access to money in such accounts. (Osman v. Paypal, Inc.).

• Lead in Children's Bounce Houses: Environmental enforcement action co-litigated with the California Attorney General to address lead exposures from inflatable bounce houses.  Litigation has thus far resulted in Consent Judgments with two major bounce house manufacturers requiring them to reformulate their products to remove lead.