Brimer v. Tyan Computer Corporation, et al.

On May 14, 2008, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Tyan Computer Corporation, which resolved citizen enforcer Russell Brimer's allegations that the defendant Tyan Computer Corporation ("Tyan") sold motherboards with solder containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Tyan agreed not to sell any motherboards in California after October 15, 2007, unless the motherboards are shipped with Proposition 65 warnings or contain no more than .1% lead by weight in all solder material when analyzed using state or federally approved testing methodologies. By December 31, 2009, all motherboards sold by Tyan in California shall qualify as reformulated. In a good faith effort to inform the public about the possible risk of exposure to lead in Tyan's motherboards, Tyan shall provide a Proposition 65 warning on its webpage for three years. Due to Tyan's cooperation during the settlement process, Brimer agreed to credit a portion of the civil fine. Additionally, as incentive for reformulation, Brimer agreed to the potential reduction in penalties pursuant to Section 3.1 of the Consent Judgment.

The Consent Judgment requires settlement payments of $75,000, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Brimer and his counsel for their successful enforcement of this matter in the public interest.