The first-of-its-kind deal where Prop 65 Defendants pay both Plaintiffs and Defendants is pending approval
from Deputy AG Ed Weil. We can't see the proposed settlement, and we can't even see today's Daily Journal that details the deal between clients of
MOFO Attorney Robert Falk and Clifford Chanler.
The settlement resolves issues of
lead in ceramic glaze, and anticipates payment of fines, penalties and attorneys fees to Plaintiff Russell Brimer. The case was filed in San Francisco.
According to the Daily Journal, under the settlement other potential defendants can "opt-in" to the settlement. Manufacturers would pay $95,000, distributors and retailers would pay amounts ranging between $50,000 to $25,000. Of that amount, monies would go to the Plaintiff and his law firm (obviously). Presumably some amount would be paid in fines.
The settlement anticipates that the law firm (
Morrison & Forester) representing the lead defendant,
Boelter Hospitality Companies, would also be paid $5,000 to administer the settlement for each new defendant that elects to opt-in.
It's an inexpensive option for potential defendants, continued employment for the defense law firm and a boon for the Plaintiff and his attorneys. We'll see what the AG has to say about this apparently sweet deal for just about everyone involved.
Or is it so sweet?