This case was last updated from U.S. District Courts on 11/08/2021 at 09:35:54 (UTC).

Quiniones v. LG Chem, LTD.

Case Summary

On September 9, 2021, Giorgio Quiniones (“Plaintiff”), represented by Angela J. Nehmens of Levin Simes Abrams LLP, filed an intellectual property lawsuit against LG CHEM, LTD., and Does 1-15 (collectively, “Defendants”), seeking damages and costs among other reliefs for the alleged sale of defective batteries that caused serious injuries to the Plaintiff. This case was filed in the United States District Court in the Eastern District of California with Judges Morrison C. England, Jr. and Jeremy D. Peterson presiding.

 

In the complaint, the Plaintiff alleged that, “Based on information and belief, during at least the years 2012 to the present, LG Korea supplied, sold, shipped, distributed and/or provided directly to consumers and distributors throughout the State of California, thousands (if not millions) of its products, including cylindrical lithium-ion batteries, which were sold for use, and used, in California” and “LG Korea also engages, upon information and belief, in a grading process for the various batteries it manufacturers. Upon information and belief, those batteries that fail to achieve a sufficient grade or conform appropriately to standards are not discarded.”

 

The Plaintiff then alleged that, “Instead, based on information and belief, in the interests of profit, LG Chem sells those inferior or nonconforming lithium-ion battery products to other distributors, with LG knowing full well they may be using those batteries for individual electronic or other uses-uses that may not be explicitly authorized, but are certainly permitted by LG Korea in the interest of maintaining its profitability.”

 

The Plaintiff also alleged that, “On or about March 6, 2019, Plaintiff's girlfriend purchased two LG lithium-ion 18650 batteries from Yo Momma’s Favorite Vape Shop in Stockton, California and gave the batteries to Plaintiff to use in his Joyetech Espion 200W TC e-cigarette mod device (hereinafter “the Subject Vaporizer”)” and later, “Plaintiff's girlfriend heard a noise and smelled a chemical smell. She then saw smoke and flames emanating from the Joyetech Espion 200W TC.”

 

The Plaintiff further alleged that, “Plaintiff and his girlfriend witnessed chemical battery juice shooting out from the Joyetech Espion 200W TC, splashing onto and burning Plaintiff's hands. Plaintiff's clothing and bed sheet were also burned” and “Plaintiff rushed to a local emergency room where the hospital staff worked to clean the chemical battery juice from his hands. He was diagnosed with third degree burns to his right hand and first degree burns on his left hand.”

 

There are four claims for relief laid down by the Plaintiff. The first claim is for alleged strict liability against all Defendants. The second claim is for alleged negligence against all Defendants. The third claim is for alleged breach of implied warranty against all Defendants. The fourth claim is for alleged violation of the California Unfair Competition Law against all Defendants. 

 

In its prayer for relief, the Plaintiff requested the Court for recovery from the Defendants for all damages, economic and non-economic, tangible and intangible, general and special, as allowed by California law, costs to be taxed against the Defendants, and any other relief the Court deems just and appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01612

  • Filing Date:

    09/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Morrison C. England, Jr

Referral Judge

Jeremy D. Peterson

 

Party Details

Plaintiff

Giorgio Quiniones

Defendant

LG Chem, LTD.

Attorney/Law Firm Details

Plaintiff Attorney

Angela J. Nehmens

Attorney at Levin Simes Abrams LLP

1700 Montgomery, Suite 250

San Francisco, CA 94111

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

#2

3 #3

Main Document

3 #1

Consent Form

3 #2

VDRP

 

Docket Entries

  • 09/09/2021
  • View Court Documents
  • Docket(#3) CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Tupolo, A) (Entered: 09/09/2021)

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  • 09/09/2021
  • View Court Documents
  • Docket(#2) SUMMONS ISSUED as to *LG Chem, LTD.* with answer to complaint due within *21* days. Attorney *Angela J. Nehmens* *Levin Simes Abrams LLP* *1700 Montgomery, Suite 250* *San Francisco, CA 94111*. (Tupolo, A) (Entered: 09/09/2021)

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  • 09/09/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against All Defendants by Giorgio Quiniones. Attorney Nehmens, Angela J. added. (Filing fee $ 402, receipt number ACAEDC-9809650) (Attachments: #1 Civil Cover Sheet) (Nehmens, Angela) (Entered: 09/09/2021)

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  • 09/09/2021
  • DocketPAYMENT for miscellaneous case filing fee in the amount of $ 49, receipt number ACAEDC-9809648. THE PAYMENT HAS BEEN REFUNDED (Nehmens, Angela) Modified on 9/9/2021 (Tupolo, A). Modified on 9/9/2021 (Washington, S). Modified on 9/10/2021 (Washington, S). (Entered: 09/09/2021)

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