On April 2, 2021, Gary Leonard (“Plaintiff”), represented by Randi Kassan of Sanders Phillips Grossman LLC, filed a personal injury lawsuit against JUUL Labs, Inc., previously d/b/a as PAX Labs, Inc. and PLOOM Inc & Ors. (collectively, “Defendants”), seeking compensatory, treble, and punitive damages, with interest and costs for alleged strict and products liability, negligence, fraud, unjust enrichment, violation of laws and breach of express and implied warranty by the Defendants. This case was filed in the U.S. District Court for the Northern District of California with Judge William H. Orrick presiding.
In its complaint, Plaintiff alleged that “Plaintiff used JUUL during the time period including from 2015 to May 2019 and that use caused and or substantially contributed to his/her injury.” The Plaintiff(s) experienced the physical condition, injury or illness viz. Addiction, Chronic Obstructive Pulmonary Disease (COPD) and Non-contagious, bilateral Pneumonia, alleged to have been caused and or contributed to as a substantial factor by JUUL.
Plaintiff further alleged that “The physical condition, injury or illness alleged in the complaint occurred on or about June 4, 2018 and April 29, 2019.”
There are sixteen claims for relief laid down by the Plaintiff. That includes the claim for alleged Strict Liability- for alleged design defect, alleged failure to warn and alleged manufacturing defect; alleged products liability- for negligent design, failure to warn and negligent manufacturing; alleged negligence and/or gross negligence; alleged negligent failure to recall/retrofit; alleged negligent misrepresentation; alleged fraud; alleged fraudulent concealment; alleged conspiracy to commit fraud; alleged unjust enrichment; alleged violation of Unfair Trade Practices/Consumer Protection Law under the State of North Carolina; alleged breach of express warranty; and alleged breach of an implied warranty of merchantability.
In its prayer for relief, Plaintiff has requested the court to pass a judgment against Defendants for compensatory, treble, and punitive damages, medical monitoring to diagnose JUUL induced injuries at an earlier date to allow for timely treatment and prevention of exacerbation of injuries, together with interest, costs of suit, attorneys' fees, and all such other relief as the Court deems proper, equitable and just.
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3:21-CV-02396
04/02/2021
Pending - Other Pending
Personal Injury - Other Product Liability
William H. Orrick
Gary Leonard
Eby-Brown Company, LLC
Altria Enterprises LLC
Altria Client Services LLC
Altria Group Distribution Company
McLane Company, Inc.
Core-Mark Holding Company, Inc.
Altria Group, Inc.
Philip Morris USA, Inc.
Juul Labs, Inc.
Randi Kassan
Attorney at MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Civil Cover Sheet
Summons McLane Company
Summons Core-Mark Holding Company, Inc.
Summons Altria Enterprises LLC
Summons Philip Morris USA, Inc.
Summons Altria Group, Inc.
Summons Altria Group Distribution Company
Summons Altria Client Services LLC
Summons Eby-Brown Company
Docket(#6) Summons Issued as to Altria Client Services LLC, Altria Enterprises LLC, Altria Group Distribution Company, Altria Group, Inc., Core-Mark Holding Company, Inc., Eby-Brown Company, LLC, Juul Labs, Inc., McLane Company, Inc., Philip Morris USA, Inc.. (fabS, COURT STAFF) (Filed on 4/30/2021) (Entered: 04/30/2021)
[-] Read LessDocket(#5) Proposed Summons. (Kassan, Randi) (Filed on 4/29/2021) (Entered: 04/29/2021)
[-] Read LessDocket#Electronic filing error. [err201] PLEASE RE-FILE, USE ONLY ONE SUMMONS WITH ATTACHMENT FOR DEFENDANTS INFORMATION. ONLY ONE SUMMONS TO BE ISSUED. This filing will not be processe d by the clerks office.Please re-file in its entirety. Re: #4 Proposed Summons, filed by Gary Leonard (fabS, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)
[-] Read LessDocket(#4) Proposed Summons. (Attachments: #1 Summons McLane Company, #2 Summons Core-Mark Holding Company, Inc., #3 Summons Altria Enterprises LLC, #4 Summons Philip Morris USA, Inc., #5 Summons Altria Group, Inc., #6 Summons Altria Group Distribution Company, #7 Summons Altria Client Services LLC, #8 Summons Eby-Brown Company)(Kassan, Randi) (Filed on 4/5/2021) (Entered: 04/05/2021)
[-] Read LessDocket#Electronic filing error. [err201] PLEASE RE-FILE, USE ONLY ONE SUMMONS WITH ATTACHMENT FOR DEFENDANTS INFORMATION.This filing will not be processed by the clerks office.Please re -file in its entirety. Re: #2 Proposed Summons filed by Gary Leonard (fabS, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)
[-] Read LessDocketMEMBER CASE OPENED: Leonard v. Juul Labs, Inc., et al, Opened in California Northern District as 3:21-cv-02396-WHO cc: JPMDL (fabS, COURT STAFF) (Filed on 4/5/2021) (Entered: 04/05/2021)
[-] Read LessDocket(#3) Case assigned to Judge William H. Orrick. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (mbcS, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/02/2021)
[-] Read LessDocket(#2) Proposed Summons. (Kassan, Randi) (Filed on 4/2/2021) (Entered: 04/02/2021)
[-] Read LessDocket(#1) COMPLAINT against Altria Client Services LLC, Altria Enterprises LLC, Altria Group Distribution Company, Altria Group, Inc., Core-Mark Holding Company, Inc., Eby-Brown Company, LLC, Juul Labs, Inc., previously d/b/a Pax Labs, Inc. and Ploom Inc., McLane Company, Inc., Philip Morris USA, Inc. ( Filing fee $ 402, receipt number 0971-15786221.). Filed byGary Leonard. (Attachments: #1 Civil Cover Sheet)(Kassan, Randi) (Filed on 4/2/2021) (Entered: 04/02/2021)
[-] Read Less