Celebrating 10 years! 2007-2017

Proposition 65

Anyone familiar with CA Proposition 65 violations? From doi wtretire07/03/17
I'm dealing with one now. Look to see any of the exceptions ipesq07/04/17
Thanks. I have recently begun handling several Prop. 65's. I wtretire07/04/17
I have no personal experience with them myself but they gene trickydick07/06/17
wtretire (Jul 3, 2017 - 8:59 pm)

Anyone familiar with CA Proposition 65 violations?
From doing some research it appears that even once a complaint is filed, defendants sometimes simply ignore the matter, and no default judgment is entered. Is that correct?
How to figure out a reasonable settlement figure?
Any help dealing with Prop. 65 would be greatly appreciated.

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ipesq (Jul 4, 2017 - 1:06 pm)

I'm dealing with one now. Look to see any of the exceptions to Prop 65 apply to your client. Also, I hear they are kind of similar to patent troll cases, where many of these "public interest" groups that file them settle for nuisance value. I can;t tell you whether this true because we have not received a settlement offer yet.

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wtretire (Jul 4, 2017 - 1:29 pm)

Thanks. I have recently begun handling several Prop. 65's. I understand the basic exceptions. e.g., less than 10 employees, statute of limitations, warning, etc. I have also checked the website of the CA office of the attorney general, where all previously entered settlements are posted. From my research, it appears that the settlement amount depends on the noticing counsel - some attorneys will settle for substantially less than others. I suspect that that there are certain attorneys that focus on cases naming violators with deep pockets, and such settlements tend to be on the higher end.

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trickydick (Jul 6, 2017 - 10:09 pm)

I have no personal experience with them myself but they generally have a reputation for being nuisance claims. You can file a Prop. 65 claim almost any time a major real estate development project begins in or near a residential area and expect to settle for five figures. But all I know about them comes from some news articles I've read and some PI attorneys who have handled toxic tort cases.

On that note, I've always considered toxic tort cases to be BS and Prop. 65 claims sound like just an offshoot of them.

But we didn't go to law school to make the world a better place, so go crazy with them if you can make a buck off of them.

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