Attorney Richard J. Arsenault, senior partner of Alexandria, LA-based Neblett, Beard & Arsenault, has been selected to serve as co-lead counsel for plaintiffs in emerging class action litigation against the makers of Kaba Simplex Keyless locks. The following is an article which ran in the New York Times on March 27th. The article discusses current litigation concerning Kaba Simplex Keyless Locks and the fact that they can be bypassed with a small, easily accessible magnet.
Yeshai M. Kutoff was house-proud, having bought a home in Cleveland Heights, Ohio, for his family of five. And as an Orthodox Jew, he bought push-button locks for the doors — an accommodation for the Sabbath, when many of the devout do not carry keys.
When a neighbor told him that the locks he had bought could be opened by a powerful magnet costing about $30, Mr. Kutoff was perturbed. “It does bother me that other people could easily figure it out,” he said. Mr. Kutoff did not buy a magnet to see for himself. “It doesn’t interest me to know how to break into my own lock,” he said.
If this were a problem with security software instead of errant bits of steel, a company could send out a patch. If this was someplace other than the United States in the 21st century, Mr. Kutoff might have called a locksmith. But because it is the United States in the 21st century, lawyers are involved.
And now, in a federal courthouse in Ohio, 11 lawsuits have been consolidated into one against Kaba, a lock industry leader whose Simplex push-button locks are used by hospitals, airports, casinos, banks, the Department of Defense and police departments.
The company markets the locks as part of their “strong, powerful security solutions” and calls the push-button locks vandal resistant; the plaintiffs’ lawyers say otherwise. In fact, they accuse Kaba of deceptive trade practices, common-law fraud, negligence and product liability.
They say the locks, which can cost less than $200 or more than $1,000, depending on the model, are defective by design. And they are demanding that the company replace the locks, pay compensatory damages and even turn over all profits made from the locks over the years.
Plaintiffs’ briefs suggest that the class includes “hundreds of thousands of persons and entities,” and the case already involves some big players in the legal community, including Richard J. Arsenault and Daniel E. Becnel Jr. of Louisiana and Mark J. Geragos of Los Angeles.
Mr. Arsenault, the co-lead counsel for plaintiffs in the litigation, called the locks insecure and said the problem was a “slow-motion disaster.”
Mark P. Miller, a lawyer for Kaba, has argued in court that the plaintiffs’ lawyers were “fear-mongering,” and he ridiculed the lawsuits as “another Happy Meals case” — a reference to a much-belittled class-action suit filed in California in December that accuses McDonald’s of using toys to lure children into unhealthy eating habits.
In court filings, Kaba argued that it had “never advertised or warranted in any way that any of its access control products are impenetrable.” Locksmiths learn techniques to defeat all kinds of locks, and “thieves and others who want to defeat locks can obtain the same tools and learn the same techniques locksmiths use,” the filings said. “Indeed, any thief — even the most clumsy — can use a sledgehammer, a pry bar or bolt cutter to bypass essentially any lock.”
In a statement, Mr. Miller added that the company had “never received any confirmed report of a break-in” because of a magnetic bypass, and that it heard about the potential for magnetic mischief only in August 2010. Kaba is preparing a free kit to modify the locks and make them magnet-proof, he said.
In an earlier hearing in the case, Mr. Miller argued that beating a push-button lock was not as simple or easy as the plaintiffs claimed. “My own personal research shows that it takes a magnet the size of a bagel to get the locks open,” he said. In fact, the magnet required is only a couple of inches square, and a video shows the magnet alongside a bagel for comparison.
Mr. Miller also argued in court that the magnet was unwieldy and too powerful for most people to use. “It’s a big, heavy thing that if you have it in your pocket, and you happen to walk by something that’s made out of metal, you will get stuck to it and have to call 911 to get your pants somehow removed to save yourself,” he said.
This month, lawyers for the plaintiffs showed a video in court as an informal briefing for the judge that countered some of Mr. Miller’s contentions. The video shows someone sliding a magnet against a lock and removing it with one hand. The magnet pulls a locking plate away from the mechanism, allowing the door handle or knob to turn freely. Once the magnet has been removed, the narrator says, the plate slides back into place, and there is no evidence that the mechanism has been bypassed.
To Mr. Arsenault, Kaba’s argument that no one has been harmed by the locks is a weak one. He said that “there’s no way to know that,” and that even if no one has yet been harmed, “it’s obviously irresponsible to wait for criminal activity to occur before warning the public and taking immediate corrective action.”
As for the company’s proposed fix, he said, “the devil is in the details.”
And while many might look askance at a lawsuit over locks, this is not the first. Kryptonite, the maker of distinctive U-shaped bicycle locks, settled a class-action lawsuit in 2004 when it was revealed that its cylindrical locks could be defeated with the barrel of a Bic pen. The company redesigned the locks and offered customers exchanges or vouchers.
Marc Weber Tobias, an expert on locks and security who is not working for the lawyers in the Kaba case at this time but has met with them, said, “This is a serious deal and affects lots of agencies.”
He wrote about the locks in his blog for Forbes.com after sending an alert to law enforcement agencies, security professionals and locksmiths. “This is a very significant issue, because they are playing a game of jeopardy with the protection of property and lives,” he said.
Mr. Tobias acknowledged that brute force could defeat any lock. But he said: “Nobody is concerned about someone walking into an airport or bank or credit card facility with a sledgehammer or crowbar. They are concerned, however, about an unauthorized individual or criminal bypassing the security of a facility in two seconds, covertly, with a magnet.”
Meanwhile, Mr. Kutoff said he would simply like to get his locks exchanged for something safer. “It’s something that everybody wants to do — put a good lock on your house,” he said.
“In a perfect world, the locksmith doesn’t have a job,” Mr. Kutoff said. “But it’s not a perfect world.”
Neblett, Beard & Arsenault Teams with Alexandria VA Employees Association for Freedom 5K/ Welcome Home Event to Honor Troops
In recognition of Traumatic Brain Injury Awareness Month and in celebration of our troops safe return from Combat Deployment, the Alexandria Veterans Affairs Medical Center Employee Association has organized the Freedom 5K/1 Mile Fun Run this Saturday at England Airpark. Proceeds will benefit the Wounded Warrior Project.
Local law firm, Neblett, Beard & Arsenault is a platinum sponsor of the event, and is excited about the opportunity to lend support to our local men and women in uniform.
“This is a great cause, and we are happy to be involved,” said senior partner Richard Arsenault. “Our troops make sacrifices everyday for our freedom, and this is just a small token of our appreciation.”
The firm will host a booth at the event, and will be offering games, give-a-ways and some free legal services to active troops, veterans and their families. About one year ago, the firm started a program which provides simple wills, Power of Attorney, notary service and other legal services to servicemen and women at no charge.
“We know that the local community is going to come out in big numbers to support the Freedom 5K,” added Arsenault. “Folks in Central Louisiana understand the importance of military service, and are deeply grateful to the men and women who put their lives on the line for freedom.”
Onsite registration will begin at 6:30am, with the race beginning at 8:00am. A special ceremony to recognize honorees will take place at 7:30am. The race will be followed by a Welcome Home event. For information on how to get involved, call Kyle Liotta at 318-466-2799 or Laura Roach at 318-466-2854, or go online.
Here is the link to what the Town Talk has to say about the event!
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Social Security Disability is not provided for adults only. Children, in certain circumstances can also be eligible for Social Security Disability payments. However, the Social Security administration has established specific guidelines related solely to children for them to be considered eligible for Social Security Disability benefits.
According to the Social Security administration, “The child must have a physical or mental condition(s) that very seriously limits his or her activities and the condition(s) must have lasted, or be expected to last, at least 1 year or result in death.”
Household income and assets will be taken into consideration in determining the size of an economic award for a disabled child.
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Neblett, Beard & Arsenault’s senior partner, Richard J. Arsenault, is featured in the new issue of Trial Magazine. In the article, “Gulf Coast Oil Spill Litigation Moves Into Discovery Phase,” Richard was interviewed by Allison Torres Burtka about his involvement in the wake of April 2010′s devastating BP Gulf Coast Oil Spill. Arsenault and his partners represent victims throughout the Gulf Coast who have suffered serious, economic losses from the spill.
Arsenault is among a group of attorneys who have been working with claims administrator, Kennth Feinberg, and the unprecedented $20 billion Gulf Coast Claims Facility set up by BP and the Obama administration. This avenue may offer faster compensation, but it may also mean waiving your right to sue BP. Arsenault is explaining these options to his clients in this “already extraordinary case.”
Read the article here.
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According to news sources, at least 3 adults have died and approximately 10 students have been injured after an 18-wheeler collided with 2 school buses in Calhoun County, Mississippi.
Public officials told NBC News that the 18-wheeler sideswiped one school bus and hit another head-on, though an official report has not been released.
The buses were transporting high school seniors from Choctaw County, Mississippi on a class trip to Ole Miss in Oxford, Mississippi. Two teachers and the driver of the 18 wheeler are believed to have been killed in the wreck.
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Richard Arsenault, senior partner in Neblett, Beard & Arsenault, was quoted in the Wall Street Journal today and appeared in the Wall Street Journal’s Law Blog over plans to seek compensation for victims of the Gulf of Mexico Oil Spill from the $20 billion oil spill fund, rather than proceeding with potentially lengthy litigation against BP and other parties.
Arsenault and a partner in his law firm, JR Whaley, are among a group of approximately 30 lawyers who are moving their clients’ claims through the oil spill fund.
“Justice delayed is justice denied,” Arsenault told the Journal’s Dionne Searcy.
The fund, which is administered by Ken Fienberg , and was set up by BP and the Obama administration, has already paid out $3.35 billion dollars to victims of the spill.
Victims of the oil spill are now deciding whether to opt for potentially quicker compensation through the oil spill fund, or to take their claims through the court system. Victims who seek compensation through the oil spill fund will be barred from filing a lawsuit, and may forfeit future damages that may be awarded by a court.
For many victims, waiting for a courtroom decision may not be possible. Daniel Becnel, a lawyer in Arsenault’s group, explained that many victims need compensation now to avert financial ruin and may not be capable of waiting for a result through litigation.
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On Friday, January 14th, Richard J. Arsenault chaired HarrisMartin Publishing’s Darvon/Darvocet Recall Litigation Conference in New Orleans. Arsenault oversaw and helped organize the legal conference, which attracted nearly 20 speakers and 100 attorneys from across the country.
A veteran of class action and complex litigation, Arsenault’s firm is actively involved in the pending lawsuits against the makers of the recalled painkillers, and continues to investigate additional claims.
Darvon, Darvocet and other forms of propoxyphene where pulled from the U.S. market by the FDA in November 2010 because of serious, potentially fatal heart-related problems and overdose risks, which were determined to outweighed the drugs’ benefit.
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Neblett, Beard & Arsenault is pleased to announce that two of their attorneys, Richard J. Arsenault, and David O. Walker, have been selected for inclusion in 2011 Super Lawyers by Law & Politics Inc. and Louisiana Life magazine.
Louisiana Super Lawyers are designated through a rigorous, multi-step evaluation process that incorporates peer recognition and professional achievement. Only 5% of lawyers in Louisiana receive this prestigious acknowledgment.
Arsenault and Walker have been selected for inclusion in Louisiana Super Lawyers each year since 2007. They are recognized for their professional contributions in the areas of personal injury litigation and mass tort/complex litigation.
View & Leave CommentsOfficials are investigating the cause of a Saturday afternoon plane crash that killed 3 people and seriously injured 2 more. According to the FAA, witnesses reported seeing the Cessna 182 take off from LeGros Memorial Airport in Estherwood, near Lafayette, Louisiana before it touched down and burst into flames. 4 of the victims are from Louisiana, the other is from Texas.
The cause of the crash in under investigation by the National Transportation Safety Board, FAA and Acadia Parish Sheriff’s Office.
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After more than 30 deaths associated with dangerous, drop-side cribs, the government has banned their manufacture, sale and re-sale. The CPSC voted unanimously to outlaw these cribs, which feature a slide rail that moves up and down and can create a space where an infant can become entrapped and suffocate. Over the past decade, these cribs have been blamed for 32 deaths and suspected in another 14 deaths.
The CPSC says that new crib standards will assuredly reduce the number of injuries and deaths associated with cribs. The new standards, hailed a “the strongest in the world,” will demand tougher safety testing and better labeling aimed to reduce instances of crib misassembly.
Having represented a family who lost an infant in a drop-side crib, we know firsthand the damage and trauma these dangerous cribs pose. Kudos to the CPSC for taking this bold step to help protect other families from this senseless tragedy.
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Richard J. Arsenault, 2011
