Attorney Robert Barry Katz's Legal Cases

Defective and dangerous products

Arroyo v. Altemp Alloys

Dec 27, 2012

OUTCOME: Dismissed with prejudice

Plaintiff, a machinist for an aerospace and defense parts manufacturing company, developed lung disease as a result of alleged exposure to various chemicals and metal dust at his workplace. Our office ... took over from the client’s personal business counsel shortly after a Second Amended Complaint was filed. A review of the allegations in the Complaint, First Amended Complaint and Second Amended Complaint showed that Plaintiff had changed the factual allegations against our client, a national manufacturer and distributor of metal ingots. Initially, Plaintiff alleged that the metal ingots provided by the client were defective in that they caused his lung disease. However, the Second Amended Complaint alleged that an oil based product was applied to the metal ingots, which caused the lung disease, rather than the metal ingot themselves. The office filed a demur based upon the “Sham Pleading Doctrine” which was sustained without leave to amend.

Defective and dangerous products

Karen Loomis v. Raymond Arias Construction

May 09, 2011

OUTCOME: Dismissed with prejudice

Plaintiffs claimed personal injuries resulting from exposure to the chemical 2-Butoxy Ethanol due to the negligence of a carpet cleaning service in order to remove dirt caused by a general contractor w ... hile performing construction repairs in their residence. We represented Harvard Chemical Research, the manufacturer of the carpet cleaning detergent, Formula 1000, which was named as a cross-defendant based upon theories of equitable indemnity and contribution. Our office filed a Motion for Summary Judgment based upon the legal argument that the insured could not be held liable for the conduct of third-parties. Upon receipt of the motion, the cross-complainant dismissed Harvard Chemical Research in exchange for a waiver of costs.

Defective and dangerous products

Roberto Navarette, et al. v. J.H. Armington, et al.

Sep 25, 2007

OUTCOME: Dismissed with prejudice

Plaintiffs, a group of former employees of a manufacturing plant located in Pacoima, California, filed suit for various personal injuries allegedly due to exposure to toxic substances while they were w ... orking at the facility. The defendants comprised of more than 70 manufacturers, suppliers and distributors of products used at the facility, all of which allegedly caused and/or contributed to the alleged injuries. Representing two product manufacturers, Mr. Katz also served as co-lead defense counsel for the group. On behalf of his clients and the defense group, Mr. Katz brought successive and successful challenges to Plaintiffs’ complaint. The trial court granted the firm’s challenge to Plaintiffs’ Fourth Amended Complaint, without leave to amend, determining that the claims were not pled with sufficient specificity to permit the defendants to determine which of the plaintiffs’ alleged illnesses were attributable to which defendants’ products. Plaintiffs appealed the trial court’s ruling to the California Second Judicial District Court of Appeals. Mr. Katz, again serving and co-lead defense counsel, prepared one of the respondent’s briefs and also argued the issue before the appellate court. The Court of Appeals upheld the trial court’s decision, and dismissed Plaintiffs’ entire action.

Construction and development

Joanna Selle v. Lee Shui, et al.

Jan 10, 2006

OUTCOME: Defense Verdict

Katz & Associates successfully defended the owners of a single family residence against claims of serious personal injuries and property damage for exposure to toxic mold brought by the family renting ... the property. The suit alleged that the owners negligently maintained the residence and HVAC system, which led to significant water intrusion, toxic mold and significant personal injuries. At mediation, plaintiffs made a collective settlement demand of $500,000. At trial, after presentation of Plaintiffs case-in-chief, the Court granted our motion for directed verdict and entered judgment in favor of the homeowners, and against all plaintiffs.

Defective and dangerous products

Jose Hernandez v. Acheson Industries

Aug 09, 2005

OUTCOME: Multiple D's - Dismissed with prejudice and de-minimus settlement

Plaintiff, an employee at an automobile wheel manufacturing plant, brought suit for personal injuries allegedly sustained as a result of exposure to toxic dust particles as a result of his work grindin ... g and abrading various aluminum wheels. He alleged that the exposure to such large amounts of aluminum dust caused him to suffer from aluminosis. The Firm represented three large multi-state manufacturers, suppliers and distributors of machine products. Two of these defendants were manufacturers of metal abrading products and the third was a supplier of various products used by the Plaintiff at the facility. During Plaintiff’s deposition, he admitted that one of our client’s abrasive products was exclusively used under water, and therefore, there was absolutely no dust created by that particular abrasive process. He also admitted that he never worked with or around any of the products manufactured, supplied, or distributed by the second abrasive defendant. Consequently, the Firm obtained dismissals, with prejudice, in exchange for a waiver of costs as to those clients. In the business succession aspect of the case, our last client had purchased the assets, but not the liabilities, of another company which had supplied various products to the manufacturing facility. The Firm filed a Motion for Summary Judgment based upon the theory that a successor corporation could not be held liable for the prior corporation’s conduct. As a result, we were able to settle the matter as to both our client and the predecessor corporation, for a de minimus amount.

Robert Barry Katz's Legal Cases (5)

Arroyo v. Altemp Alloys

Karen Loomis v. Raymond Arias Construction

Roberto Navarette, et al. v. J.H. Armington, et al.

Joanna Selle v. Lee Shui, et al.

Jose Hernandez v. Acheson Industries