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Attorney Gary Graifman Receives Favorable Decisions in Spot-On Pesticide Class Actions

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 10, 2013

Read Time: 3 mins

RELEASED: July 5, 2011

ROCKLAND COUNTY –

Plaintiff’s class action lawyer Gary S. Graifman, a partner with the firm Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., was part of a team of plaintiffs’ counsel who secured favorable decisions in four class actions involving multiple manufacturers of spot-on flea and tick treatments for pets, which were alleged to have caused adverse reactions to dogs and cats, ranging from minor to severe reactions, including death. The defendants had moved to dismiss the cases. The United States District Court for the District of New Jersey granted these motions in part and denied them in part.

The lawsuits involved multiple spot-on (e.g., applied directly to spots on a pet’s body) flea and tick treatment products used on dogs and cats. Manufacturers of these products named in the lawsuits included: Merial Limited, Farnam Companies, Wellmark International, Inc., Hartz Mountain Corporation, Sergeant’s Pet Care Products, Inc., Summit VetPharm, LLC, and Bayer Healthcare, LLC. These products contained pesticides such as Finopril, Methoprene, Permethrin, Pyriproxyfen, Etofenprox and/or Pyrethrin.

In April 2009, the Environmental Protection Agency (EPA) reported that there was a noticeable increase in the number of adverse pet reactions involving the spot on pesticides. The plaintiffs involved in the class actions alleged that the pesticides caused skin irritation, neurological problems/seizure-like symptoms, lethargy, weight loss and even death to their pets.

The class action lawsuits centered around four causes of action:

Breach of express warranty
Breach of implied warranty of merchantability
Unjust enrichment
Violation of the New Jersey Consumer Fraud Act

In three of the four class actions, the court granted defendant’s motion to dismiss counts two, three and four above because they were subsumed under the New Jersey Products Liability Act (NJPLA). However, the court allowed the plaintiff the opportunity to amend the complaint in order to plead a product liability cause of action under the NJPLA. In the case against Farnam, only the unjust enrichment count was dismissed.

By only partially granting the defendants’ motions to dismiss, the court has allowed the putative class actions to go forward. The plaintiffs’ claims involving breach of express warranty were allowed to proceed in the litigation. This is a victory for the named plaintiffs in these cases as well as the class of people who purchased the dangerous products and whose pets were injured by them.

For more information about the spot on flea and tick removal class actions, or to speak with class action attorney Gary S. Graifman, please call (866) 971-0927 or visit www.kgglaw.com/. Since 1975, Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., has offered full-service, quality legal representation for clients in New York and New Jersey.

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 27 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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 91 days ago
 
 
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 94 days ago
 
 
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 100 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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 106 days ago
 
 
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 142 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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 149 days ago
 
 
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 152 days ago
 
 
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Attorney Gary Graifman Receives Favorable Decisions in Spot-On Pesticide Class Actions

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