Phil Kovnat Presents Oral Argument Before the Ninth Circuit Court of Appeals

Durham, Pittard & Spalding attorney Phil Kovnat recently appeared before the U.S. Court of Appeals for the Ninth Circuit in an important product liability class action. 

The case, Jackson-Jones v. Epoch Everlasting Play, stems from allegations that the manufacturer of the Calico Critters toys unlawfully sold and marketed toys under the Federal Hazardous Substances Act and the California Unfair Competition Law because the toys are intended for children under the age of three and contain small parts, which present significant choking dangers. 

The small parts included with the toys have led to tragic incidents, with children suffering serious injuries and, in at least two cases, death after choking on them. The toys have already been the subject of a Consumer Product Safety Commission recall. 

A wrongful death case in New Mexico, which ultimately resolved in a confidential settlement, led to a class action in California on behalf of affected families. 

Durham, Pittard & Spalding serves as appellate counsel for the class-action plaintiffs, continuing the firm’s commitment to ensuring that injury victims and their families receive a full and fair hearing at every stage of litigation. 

Watch a recording of the Ninth Circuit hearing here.