Teflon® class action lawsuit

The Spangenberg firm recently filed a class action lawsuit on behalf of Ohio consumers of Teflon-coated cooking products. The case is being pursued with the assistance of the Miami, Florida-based Kluger, Peretz, Kaplan & Berlin firm. The lawsuit was filed because DuPont, the manufacturer of Teflon, has known for over 20 years that cooking at higher stove temperatures can cause emission of toxic substances but did not warn consumers about this fact. At least one compound used to manufacture Teflon has been found by a scientific advisory board to the EPA as "likely to be carcinogenic" to humans. DuPont has consistently represented that Teflon is safe for consumers in public statements, documents, and marketing material. The lawsuit contends that the information known to DuPont about its products made these statements misleading and violated Ohio's Consumer Sales Practices Law.

The lawsuit seeks to recover the cost of the cooking products and damages for Ohio consumers that purchased or received as gifts Teflon cooking products. If you have questions or would like to participate in the lawsuit, contact attorney Stuart Scott or Peter Weinberger at 216-696-3232.

Frequently Asked Questions

1. What is a class action lawsuit?

A class action lawsuit is frequently filed when numerous people have been similarly affected by a company’s unlawful actions. The person or business entity who brings the lawsuit on behalf of the others is referred to as the "class representative." The class representative serves in a fiduciary role for the benefit of all others who are similarly situated (i.e., the "class" of members).

2. What are the legal requirements for a class action lawsuit?

The law requires that a class action include numerous claimants with common questions of law and fact and that the class has a class representative with qualified and experienced legal counsel to adequately represent the class. A lawsuit must be certified as a class action by the court. Class certification is complicated. Even when a case is strong, there is considerable risk to the lawyers and the class that it may not get certified as a class action.
If the class is not certified by the court, individual class plaintiffs are forced to hire and pay for their lawyers individually if they want to continue with their claim.

3. What function do class action lawsuits serve?

Class actions enable a large group of people whose legal rights have been violated by similar misconduct or a defective product to have their claims joined together in a single lawsuit. Where individual damages maybe small compared to the cost of a lawsuit, a class action provides a way for persons and businesses to pool their claims against an alleged wrongdoer.

This pooling of claims levels the playing field against a typically larger and wealthier wrongdoer. The impact of one major claim can function to deter harmful or damaging behavior by persons or entities that have a responsibility to deal fairly and reasonably with the public.

The ability to consolidate the claims of many into one relieves our court system of the burden of having to listen to thousands of cases involving the same claims.

Lastly, the class action procedure gives plaintiffs access to qualified and experienced legal counsel with regard to their claims which otherwise, on an individual basis, may be cost prohibitive.

4. Who can become a class member in a class action lawsuit?

Every class action lawsuit defines a "class" of individuals or entities on whose behalf the lawsuit is brought. The definition of the class is set forth in the document that is filed with the court that initiates the lawsuit against the opposing party ("the complaint"). The court then must approve the definition of the class; this stage of the lawsuit is called "class certification." Any person or entity that meets the definition approved by the court is automatically a member of the class in the lawsuit.

Class members may select to opt-out of the class to pursue another remedy or no remedy. However, in order to be eligible to receive any benefit, relief, or monetary recovery that a court may eventually order as a result of the lawsuit, class members must not opt-out.

In the event that class members do not like the proposed resolution to the case, class members may opt-out after the case has been settled. Where it is established by the court that there are limited funds available to resolve the lawsuit, the court will not allow any class members to opt-out because the court will not allow any further lawsuits against the defendant. A class member even in a non-opt-out class action can decide not to participate, however, when they do opt-out, they are precluded from further pursuing any of their claims against the defendant(s).

5. What do I need to do to be included in the class action lawsuit?

If you purchased cookware coated with Teflon branded non-stick surfaces during the class period, between 1993 and 2005, and the case is certified by the court as a class action, you will automatically be a class member unless you choose to exclude yourself (opt-out) at the time notice of the class action is distributed.

6. What are the obligations of class members in a class action lawsuit?

Class members are obligated to be truthful in the submission of their claim forms. Generally, class members are not called upon to assist in any way with the litigation although they may voluntarily offer information to the legal counsel representing the class in order to help the class' claims.

No class member is ever forced to do anything in a class action and they are not responsible for paying any fees or costs associated with the lawsuit.

7. How is a class member informed of his or her rights?

If the court allows the "complaint" to proceed as a class action, the court authorizes that a notice be sent to class members informing them of their rights. Notice information can be disseminated by an advertisement in a newspaper, a first-class mailing, via Internet websites or all three. In order to insure that you receive notice, you may "register your claim" with the plaintiffs' attorneys representing the class.

8. Why does a class member register a claim?

Registration helps the lawyers for the class explain to the court why class certification is necessary (i.e., there are numerous claimants) and it provides a statistical basis for trying to determine the total number of class members and the amount of proceeds necessary to resolve the case. Class members who register their claim will be assured of receiving notice directly from the lawyers representing the class if the court grants class certification to the lawsuit. Registered class members can receive periodic status reports on the progress of the case. Finally, registered class members will have advance knowledge of when a case is resolved, therefore they will be able to situate themselves to take quicker advantage from the resolution.

9. Who pays for the lawyers?

Class members and class representatives do not pay for any legal fees associated with the case. Attorneys are paid on a contingency fee basis. If a recovery is obtained, application for payment of the legal fees is made to the court and the court approves and awards the amount to be paid. Attorneys representing the class do not receive compensation unless the lawsuit results in some significant benefit to the class. Lawyer compensation is awarded by the court based on the common good achieved for class members. If class counsel recovers nothing for the class, then they are not rewarded for their efforts. All of the costs of the case are incurred by the counsel representing the class and reimbursement of those costs is sought from the court after a recovery has been made for the class. Class members and class representatives do not pay for costs to administrate or try the case.

10. How much money will I receive?

The damages paid to all class members depends on the amount of total loss suffered by all class members. The award will be affected by the agreed upon settlement or the court ordered judgment and sometimes the number and amount of claims submitted.

11. How long will the lawsuit take before it is resolved?

Each case is different; however, a typical class action will take 2-3 years to reach a settlement or court ordered judgment.

Additional articles about Teflon/Dupont can be found at this link: Read More

For more information, please call us at 216.696.3232 or email ssl@spanglaw.com.