Dr. Held Defeats Summary Judgment Motion and Scores Favorable Rulings in Hard-Fought Pedicure/Manicure Kit Case

Posted: 07/25/2012  browse the blog archive

On July 25 2012, in a case brought by Dr. Anthony Held, a client of TCG, involving allegations of phthalates in pedicure and manicure kits, the Marin County Superior Court denied Defendant Kiss Nail's motion for summary judgment, finding that Kiss's scientific expert failed to provide an evidentiary basis for his opinion.

At the same hearing, Dr. Held obtained further rulings in his favor on other matters before the Court in this case. The Court granted Dr. Held's motion to file an amended complaint, over Kiss Nail's objection, allowing Dr. Held to add more products made by Kiss Nail, and retail store defendants, alleged to be in violation of Proposition 65. The Court also granted Dr. Held's motion to reconsider a prior ruling that had allowed Kiss Nail to continue taking Dr. Held's deposition. Courts rarely grant motions to reconsider prior rulings, but in this case, the Court agreed with Dr. Held that, after appearing for his deposition on three separate dates, the Court needed to impose a limit. 

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.