DiPirro v. James Morton, Inc., et al.

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. James Morton, Inc., et al. on April 26, 2001. This enforcement action resolved the allegations of citizen enforcer Michael DiPirro that defendant James Morton, Inc. sold certain lead hammers and other non-marring and non-sparking hammer products containing lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Morton agreed to begin to take steps to provide the warning language set forth in Section 1.1 of the Agreement with the sale of all products in California. Additionally, Morton agreed that, as of April 30, 2001, it will not knowingly sell any products containing lead in California without the proper health hazard warning. DiPirro and Morton reached an agreement pertaining to the civil penalties to be paid by Morton, however, an agreement pertaining to the amount of compensation to be paid to DiPirro and his counsel was not reached until an out-of-court agreement was executed on May 24, 2001.

The Consent Judgment and the out-of-court Settlement Agreement requires settlement payments of $29,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.