The Chanler Group

Englander v. Jonard Industries Corporation

Date: 
February 14, 2013

On February 14, 2013, the parties executed a Consent Judgment in Englander v. Jonard Industries Corporation, which resolved citizen enforcer Peter Englander’s allegations that the defendant Jonard Industries Corporation (“Jonard”) sold tools with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

Plaintiff: 
Englander
Defendant: 
Jonard Industries Corporation
Type: 
Consent Judgment
Relief: 
Reformulation, Vendor Notification
Monetary: 
$50,000-$59,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Englander v. Black Point Products, Inc., Steren Electronics International, Inc.

Date: 
January 15, 2013

On January 15, 2013, the parties executed a Consent Judgment in Englander v. Black Point Products, Inc., et al., which resolved citizen enforcer Peter Englander’s allegations that the defendants Black Point Products, Inc. (“Black Point”) and Steren Electronics International, LLC (“Steren”) sold hand tool grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

Plaintiff: 
Englander
Defendant: 
Black Point Products, Inc., Steren Electronics International, Inc.
Type: 
Consent Judgment
Relief: 
Warnings, Reformulation
Monetary: 
$50,000-$59,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Zebra Pen Corp.

Date: 
February 19, 2013

The parties involved in the case Brimer v. Zebra Pen Corp., et al. executed a Consent Judgment on February 19, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Zebra Pen Corp. (“Zebra”) sold pencils with erasers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Plaintiff: 
Brimer
Defendant: 
Zebra Pen Corp.
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$50,000-$59,999
Monetary Relief: 
Cy Pres, Civil Penalties, Silent Spring Institute
Used By: 
Adults
Cross-Post On: 
None

Court Upholds Whistleblowers' $6.9M Share of $46M False Claims Settlement

March 15, 2013

Earlier this month, the U.S. Court of Appeals for the Eighth Circuit upheld the federal district court's decision that the two whistleblowers, or relators, in Rille et al v. Accenture, LLP et al, No. 11-2054 (8th Cir. 2013) were entitled to a 15% share of the federal government's $46 million False Claims Act settlement with Hewlett-Packard, amounting to a $6.9 million award to the whistleblowers.

The relators, Norman Rille and Neal Roberts, filed a <i>qui tam</i>, or whistleblower, action in 2004 against HP and other defendants on behalf of the United States, alleging that the defendants gave kickbacks to consultants in exchange for recommendations and engaged in pricing schemes that cost the federal government millions of dollars.

In 2006, the government intervened and filed its own complaint against HP and the other defendants, and eventually entered into a settlement in which the government received $55 million: $9 million from the kickback scheme and $46 million for the pricing scheme.  While the government conceded a share of the kickback settlement to the relators, it attributed the pricing settlement to its own investigation, and not the relators'.

The district court found in favor of the relators, writing that "the government had no knowledge of the defective pricing before Relators brought it to light."  The government appealed.  The Court of Appeals affirmed the district court's decision, upholding the whistleblowers' entitlement to 21% of the $9 million kickback settlement and 15% of the $46 pricing settlement.

The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments.  We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud.  Read more about our expertise in False Claims Act cases and how you can take action.

Cross-Post On: 
None

Brimer v. Sakar International, Inc.

Date: 
January 9, 2013

The parties in the case Brimer v. Sakar International, Inc., et al. executed a Consent Judgment on January 9, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Sakar International, Inc. (“Sakar”) sold flashlights containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

Plaintiff: 
Brimer
Defendant: 
Sakar International, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Leap Year Publishing, LLC, et al.

Date: 
January 4, 2013

On January 4, 2013, the parties executed a Consent Judgment in Brimer v. Leap Year Publishing, LLC, et al., which resolved citizen enforcer Russell Brimer’s allegations that the defendant Leap Year Publishing, LLC (“Leap Year”) sold planners/calendars with vinyl covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Plaintiff: 
Brimer
Defendant: 
Leap Year Publishing, LLC
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Brimer v. Evriholder Products, LLC

Date: 
February 11, 2013
Industry Categories: 

In the enforcement action Brimer v. Evriholder Products, LLC; et al., the parties executed a Consent Judgment on February 11, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Evriholder Products, LLC (“Evriholder”) sold casserole dishes with colored artwork or designs containing the heavy metal lead within the State of California without providing the requisite health hazard warnings.

Plaintiff: 
Brimer
Defendant: 
Evriholder Products, LLC
Type: 
Consent Judgment
Relief: 
Reformulation
Monetary: 
$60,000-$69,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Moore v. Privilege International, Inc.

Date: 
February 20, 2013

Whistleblower John Moore’s allegations against settling party Privilege International, Inc. (“Privilege”) were settled on February 20, 2013, when the parties entered into an out-of-court Settlement Agreement.  Moore had alleged that Privilege sold ottomans with a faux leather covering material containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

Plaintiff: 
Moore
Defendant: 
Privilege International, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Warnings, Reformulation
Monetary: 
$20,000-$29,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Moore v. Medline Industries, Inc.

Date: 
February 27, 2013
Industry Categories: 

Whistleblower John Moore’s allegations against settling party Medline Industries, Inc. (“Medline”) were settled on February 27, 2013, when the parties entered into an out-of-court Settlement Agreement.  Moore had alleged that Medline sold ultra-light rollators containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

Plaintiff: 
Moore
Defendant: 
Medline Industries, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Reformulation
Monetary: 
$50,000-$59,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None

Held v. First Aid Only, Inc.

Date: 
February 14, 2013
Industry Categories: 

Whistleblower Anthony E. Held, Ph.D., P.E. and settling party First Aid Only, Inc. (“First Aid”) entered into a Settlement Agreement on February 14, 2013, which resolved Held’s allegations that First Aid sold first aid kits with vinyl/PVC cases containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

Plaintiff: 
Held
Defendant: 
First Aid Only, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Warnings, Reformulation
Monetary: 
$50,000-$59,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults
Cross-Post On: 
None
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