Dean Innovations and Toxic Soil Amendments

Along with Portland attorney Nadia Dahab, we’ve filed a consumer fraud class action case against Dean Innovations arising from the widely reported toxic contamination of soil amendment products sold to Portland area gardeners. I’ve attached a copy of the complaint. It has been filed and served.  Complaint – FIled.

In a nutshell, we’re pursuing claims under the Oregon Unlawful Trade Practices Act. We’re demanding that Deans make it right. They need to refund purchase prices for all sales of the tainted products and cover remediation costs, including removal, hauling, and disposal of tainted soils. There are other claims that will be presented, as well.

I expect this will be another long case. But we’re committed to doing what is necessary because those of us who garden should never have to worry if the garden supply seller is delivering a load of the healthful, beneficial product that they promised or a load of poison.

David

Update: Big Win against BP and ARCO

Great news in our long running consumer fraud class action against BP. We scored a big win in the Oregon Court of Appeals. The court affirmed the trial court and the verdict in all respects. That’s to say we won big. BP has announced that they will ask the Oregon Supreme Court to review the case. The Oregon Supreme Court does not have to take the appeal. My guess is that we’ll know by the end of the year whether the Oregon Supreme Court is going to review the case.

Meanwhile, we soldier on. If you need solace about the delay, here is something that will brighten your day. Our judgment is over $400 million. It earns interest at $100,000 per day. So if the delay gets you down, just know that BP is paying a ton of cash for taking the long way.

We’ll let you know more when have more news to report. Meantime, keep the faith.

-David

PS Here is the opinion for those interested in such things:  COA opinion 053118 

Western Culinary Inst./Le Cordon Bleu Portland–Settlement Approved

I’m pleased to report that settlement of our longest running class action received final approval. The case, Surrett v. Western Culinary was filed in March of 2008. (No that’s not a typo.) Under the settlement. people who made claims will receive refunds of 44 percent. In addition, any debts owed directly to the school have been written off. And the defendants have to pay fees and costs, so the full refund amount goes to the former student.

We’re pleased with the settlement and happy to report that the court approved it in full.

The judgment was entered today (one of the last big hurdles), and we now know that payments will be mailed out on August 10, 2018.

We’re still moving forward with individual arbitrations for those former class members who have to go to arbitration first. We expect to file hundreds of arbitration cases. We will see those through to the end, no matter how long it takes.

Thanks for your patience-

David