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.
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