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Thursday, February 20, 2020

Proposed settlement in Cuisinart class action: $300K for attorneys, replacement blades and warranties for customers

By Justin Stoltzfus | Mar 16, 2018

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TRENTON, N.J. (Legal Newsline) – A class action lawsuit over blades for Cuisinart food processors has reached a settlement, with consumers receiving $15 and plaintiffs attorneys seeking $300,000 in fees.

According to a memorandum in support of a motion for final approval of class settlement filed Feb. 5 in the U.S. District Court for the District of New Jersey, under the terms of the settlement Conair Corp. will be required to provide a three-year warranty for replacement blades and cut $15 checks to customers who do not receive replacement blades by an applicable deadline. 

The class counsel, John D. Radice of Radice Law Firm in Long Beach, New Jersey, also requested nearly $300,000 in attorney's fees in an application filed with the court the same day.

In the memorandum of support for final approval of the class settlement, Radice requested that the court enter an order granting settlement approval and outlined the details that eventually led to the settlement structure presented in the memorandum. 

The original class action suit was filed February 2017 by Ellen Chepiga after Conair issued a recall on riveted blades used in 22 models of food processors, which affected eight million machines, the memorandum states. The blades were recalled due to a risk of breakage and lacerations. Her complaint alleged Conair violated the New Jersey Consumer Fraud Act and other counts.

According to the memorandum, Conair advised customers to stop using the defective blades and Chepiga alleged she and class members were damaged when "they had to stop using the machine's only blade or primary blade," the memorandum states.

Part of the case involved a charge that Conair “introduced a defective product” into the market, and that the delay in replacing the blades inhibited the plaintiff's use of the food processor machine.

In the words of the class counsel, the settlement “provides immediate and substantial benefits to the class,” according to the memorandum.

Counsel points out that no class members have objected to the class counsel's request.

A hearing is set for April 8 to further deliberate on the matter.

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U.S. District Court for the District of New Jersey