Experience - Product Liability & Consumer Cases

Conroy v. 3M Corporation
Case No. C-00-2810 (N.D. Cal.)

Reaching both consumers and business managers, this notice program concerning the purchase of invisible and transparent tape used 15 insertions in high circulating national consumer publications. Publications included Family Circle, Good Housekeeping, Sports Illustrated, among others, and as well as newspapers in U.S. Territories and Possessions.
Cox v. Microsoft Corporation
Index No. 105193/00 (N.Y. Sup. Ct.)

Businesses and consumers who purchased Microsoft software in New York state were reached in a notification program using local newspapers, New York state editions of newspaper supplements and consumer magazines, such as Newsweek, PC Magazine and People, and Internet advertising. Internet banner advertising on Web sites such as AOL.com, wsj.com, BusinessWeek.com and Lycos.com was geo-targeted so that only those accessing the Internet from New York state would have an opportunity to view the banner ad.
McDonald’s Trans Fatty Acid Settlement
Fettke v. McDonald’s Corp., Case No. 044109 and BanTransFat.com v. McDonald’s Corp., Case No. 034828 (Cal. Super. Ct., Marin County)

Because of the broad demographics of the class involved in this case, Kinsella/Novak designed an innovative notice program including paid media and an unprecedented in-store notice to both adults and teens. The plan was designed around a publication notice appearing in either Spanish or English in newspaper supplements and consumer magazines with high circulation to McDonald's customers. In addition to the paid media effort, McDonald's restaurants nationwide prominently displayed stickers on restaurant doors and “pay drive-thru” windows referring customers to more information about the case posted on the bulletin board within each restaurant.
Entran II Radiant Heating Settlement
Galanti v. The Goodyear Tire & Rubber Company,
Case No. 03-209 (D.N.J.)

Due to the broad scope of the class in this $300 million settlement (which included homeowners in both the United States and Canada), Kinsella/Novak created and executed two notice programs that included direct mail, paid media, earned media and electronic notice through an informational Web site. In the United States, the paid media program included a publication notice appearing in English or Spanish in 15 insertions in consumer magazines, 9 daily newspapers in United States Territories or Possessions and three trade publications. Both national and New England-specific press releases were distributed.

In Canada, English and French versions of the publication notice appeared in 6 consumer magazines, two national newspapers and 38 daily newspapers in every province within the country. A Canadian national press release was sent to over 1,000 media outlets, as well as 651 major daily papers, high circulation weekly newspapers and appropriate business trade publications.
Shields v. Bridgestone/Firestone, Inc.
No. B-170,462 (Tex. Dist. Ct., Jefferson County)

Direct mail to several million tire owners as well as multiple insertions of the summary notice in national consumer publications provided notice in this class action settlement. Tires included in the settlement were the Firestone ATX, ATX II, Wilderness AT and other tires subject to the investigation initiated by the National Highway Traffic Safety Administration on May 4, 2000. Published notice included ads in Better Homes and Gardens, National Geographic, Newsweek, Reader’s Digest, Parade, People, Sports Illustrated, TV Guide and USA Weekend.
Azizian v. Federated Department Stores, Inc.
No. 4:03CV-03359 SBA (N.D. Cal.)

The settlement of this class action provides $175 million worth of cosmetics to individuals who purchased certain cosmetics and fragrances at major department stores. Published notice targeted primarily women through multiple notices in Better Homes & Gardens, Cosmopolitan, In Style, Newsweek, Parade, People, Reader’s Digest, TV Guide, USA Weekend, Woman’s Day, and major daily newspapers. Class members had the option to register on-line to recieve an email or postcard notice of when cosmetic gifts would be available at department stores.
Smith v. Behr Process Corporation
No. 98-2-06635 (Wash. Super. Ct., Camden County)

This multi-state suit resulted in a $107.5 million settlement that included both cash payments and merchandise certificates for class members. Kinsella/Novak implemented a broad notice plan, which included advertisements in nine high circulation national consumer publications including Newsweek, People, and Better Homes & Gardens and included an extensive direct notice to reach the class. A press release was also sent out via PR Newswire to over 2,000 media outlets and a two-column article about the settlement was distributed to 10,000 newspapers through North American Precis Syndicate.

In each of the following statewide cases, Kinsella/Novak developed unique, highly-individualized notice programs based on the type of claim, the product and the demographic make-up of potential class members. Kinsella/Novak’s notice in the West Virginia Fen-Phen class action efficiently targeted women with an emphasis on television advertising during daytime programming. In the Engle tobacco class action in Florida, Kinsella/Novak executed an extensive earned media program directed to television stations throughout the state, supplementing newspaper and magazine advertising targeted to current and former smokers. The infant formula litigation notice programs in 16 states generated an enormous response, resulting in 1.3 million calls to the toll-free telephone number.

Fen-Phen – Burch v. American Home Product Corp.
No. 97-C-204 (1-11) (W.Va. Cir. Ct., Brooke County)
Engle v. R.J. Reynolds Tobacco
No. 94-08273 CA (20) (Fla. Cir. Ct., Dade County)
Infant Formula – (Abbott Laboratories - 16 separate statewide cases)

In re Dow Corning Corp.
Chapter 11, No. 95-20512 (Bankr. E.D. Mich.)

Kinsella/Novak provided expert consulting in the Dow Corning breast implant litigation with respect to adequately reaching women with silicone implants in the United States and worldwide. The firm also served as a liaison between the plaintiffs’ committee and the defendants to ensure an adequate plan of notification and worldwide implementation.

Bowen-Fromm v. Terra Roofing Products
Case No. 2001-028588, (Cal. Super. Ct., Alameda County)

Homeowners were the target of this notice program, designed to inform class members about the settlement of a roofing product class action lawsuit. Kinsella/Novak undertook a notice program throughout the state of California, with targeted notice provided to 11 counties identified as having the most product sales. Notice was placed in statewide newspaper supplements and a consumer magazine. To provide targeted coverage to the identified counties with high product sales, Kinsella/Novak published the notice in the highest circulating newspapers in the 11 identified counties.
Posey v. Dryvit Systems, Inc.
No. 17,715-IV (Tenn. Cir. Ct., Jefferson County)

This settlement provides relief to owners of residential properties clad with Exterior Insulation and Finish System components ("EIFS") manufactured by Dryvit Systems, Inc. Targeting adults 35+ and homeowners with homes valued at $200,000+, a multi-media program of national consumer magazines, national newspaper supplements and earned media activities including an audio news release was used to provide notice. Through an analysis of sales and distribution records, Kinsella/Novak was able to target additional paid and earned media to local areas where the majority of Dryvit product was used.
Shake Roofing Cases
JCCP No. 4208 (Cal. Super. Ct., Contra Costa County)

This class involved all owners of residential and commercial property in California on which a specific type of roofing product was installed. Kinsella/Novak designed a multi-faceted notice program, which included direct mail and paid media, as well as a concentrated earned media campaign. Because of the strong potential for consumer interest, the earned media segment included a press release to all daily and weekly newspapers, a video news release to 64 television stations (English and Spanish language), and an audio news release to 346 radio stations. Outreach efforts were also directed to reach related professional trade groups or associations, including all roofing contractors and real estate inspectors in California, as well as select property owners associations.
In re Louisiana–Pacific Corp. Inner Seal OSB Trade Practices Litigation
C-95-3178 VRW (N.D. Cal.) M.D.L. 1114
Naef v. Masonite Corp.
No. CV-94-4033 (Ala. Cir. Ct., Mobile County)
Cosby v. Masonite Corp.
No. CV-97-3408 (Ala. Cir. Ct., Mobile County)
Quin v. Masonite Corp.
No. CV-98-2447 (Ala. Cir. Ct., Mobile County)

In the following cases, Kinsella/Novak used in-depth zip code analysis of claims and product distribution records to develop databases pinpointing where potential class members live. Kinsella/Novak placed additional paid advertising in the areas containing the greatest percentages of likely claimants. This approach maximized the program’s cost effectiveness and ensured a very strong response.

Ruff v. Parex, Inc.
No. 96-CvS 0059 (N.C. Super. Ct., Hanover County)
Richison v. Weyerhaeuser Company Limited
No. 005532 (Cal. Super. Ct., San Joaquin County)

Cox v. Shell Oil Co.
No. 18,844 (Tenn. Ch. Ct., Obion County)

Kinsella/Novak designed and implemented four separate notice programs in the polybutylene plumbing litigation, Cox v. Shell. In 1995, more than one million consumers responded to an integrated campaign of national television (ABC, CBS, NBC, CNN, TNT, and Univision), mainstream, Hispanic and African American newspapers, consumer magazines, and extensive outreach through video and audio news releases distributed by satellite. One year later, Kinsella/Novak implemented an incremental notice program utilizing consumer publications. In 1999 and 2005, Kinsella/Novak conducted a third and fourth notice, again using a full range of media vehicles, including newspapers, consumer magazines and national television as well as earned media activities.

Wholesale Electricity Antitrust Cases I & II, JCCP Nos. 4204 & 4205 (San Diego Super. Ct.) and Egger et al v. Reliant Energy, Inc. et al, JCCP 4204-00009 (San Diego Super. Ct.)

Kinsella/Novak designed a notification program reaching electricity consumers in Arizona, California, Idaho, Montana, Nevada, New Mexico, Oregon, Utah and Washington. The publication notice was placed in the statewide editions of consumer magazines and newspaper supplements and in local daily newspapers in the nine states involved in the proposed settlement. Community newspapers were also used to target Hispanic and Asian audiences in the states with a Hispanic and/or Asian population percentage above the national average.
Gordon, et al. v. Duke Energy Trading and Marketing, L.L.C., et al., Case No. GIC 842705 (San Diego Super. Ct.) and Egger, et al. v. Duke Energy Trading and Marketing, L.L.C., et al., Case No. GIC 843055 (San Diego Super. Ct.) (2005)

Electricity consumers in California, Idaho, Oregon Utah and Washington were the target of this notice program. Notice was placed in the statewide editions of People, Newsweek and a newspaper supplement in addition to 98 daily newspapers and selected ethnic community newspapers throughout the states. A press release was also distributed throughout the selected states to garner additional media coverage of the proposed settlement.
Natural Gas Anti-Trust Cases I, II, III & IV JCCP Nos. 4221, 4224, 4226 & 4228 (San Diego Super. Ct. 2003)

Homeowners, renters and business executives were the target of this notice program, designed to reach electricity consumers in California. The notice was placed in the California state edition of a consumer magazine, newspaper supplement, The Wall Street Journal and USA Today, in addition to local daily newspapers and ethnic community newspapers in the state.
Wholesale Electricity Antitrust Cases I & II
JCCP Nos. 4204-00005 and 4204-00006 (Co. Super. Ct., San Diego County 2003)

California electricity ratepayers were the target of this notice program. Kinsella/Novak published notice in the California edition of a consumer magazine, newspaper supplement, two national newspapers and local daily newspapers. The notice was also translated into traditional Chinese, Japanese, Korean and Spanish and placed in 25 ethnic community newspapers within the state.