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| " ... still more documents concerning the Lawsuit against *RID* , *NIX* , *A-200* ... & other unreliable head lice treatment manufacturers ... " |
| XVIII. Prayer 18.1 Given the above, Plaintiffs request a Class Certification, a jury trial and the following relief: a. That this case proceed to trial as a class action, pursuant to Rule 42 of the Texas Rules of Civil Procedure, and that the court certify this case as a class action. b. Judgment and equitable relief for damages on all causes of action asserted above, which damages as a whole to exceed the minimum jurisdictional limits of the Court. c. Pre- and post-judgment interest; d. Exemplary damages; e. That Plaintiffs, for themselves and on behalf of all class members, be awarded reasonable attorney's fees and costs under Texas law; and f. That Plaintiffs and class members be granted such other and further relief to which they may be justly entitled. Respectfully submitted, CLAY DUGAS AND ASSOCIATES, P.C. 712 West Division Orange, Texas 77630 Telephone: (409) 883-3383 Facsimile: (409) 886-3383 By: _________________________________ CLAY DUGAS State Bar No. 06173200 LAW OFFICES OF PAT MALONEY, P.C. Pat Maloney, Jr. State Bar No. 12887300 239 E. Commerce St. San Antonio, Texas 78205 Telephone: (210) 226-8888 Facsimile: (210) 222-8477 CACHEAUX, CAVAZOS, NEWTON, MARTIN & CUKJATI, L.L.P. Troy “Trey” S. Martin, III State Bar No. 13108800 Curtis L. Cukjati State Bar No.05207540 333 Convent Street San Antonio, Texas 78205 Telephone: (210) 223-2627 Facsimile: (210) 223-5052 BINGHAM & LEA, P.C. Benjamin Bingham State Bar No. 02322350 319 Maverick Street San Antonio, Texas 78212 Telephone: (210) 224-1819 Facsimile: (210) 224-0141 |
| CAVAZOS, NEWTON, MARTIN & CUKJATI, L.L.P. Attorneys at Law 333 Convent San Antonio, Texas 78205 Telephone No. (210) 223-2627 Facsimile No. (210) 223-5052 M E M O R A N D U M TO: School Nurses Health Care Providers Pharmacists FROM: Troy “Trey” S. Martin, III DATE: January 10, 2001 RE: Head Lice Shampoo Investigation I am interested in any knowledge you may have regarding over-the-counter head lice treatment products (such as Nix, Rid, etc.) not being effective at killing and/or treating head lice. By way of introduction, I am with the law firm of Cacheaux, Cavazos, Newton, Martin & Cukjati, L.L.P. and we, along with several other Texas law firms, are investigating whether the manufacturers of these over-the-counter products are putting corporate profits over consumers’ rights by marketing products that are not effective in killing or treating head lice. Based upon our initial investigation, we believe that the strains of head lice that exist in Texas are highly resistant to those over-the-counter products and, as such, are not effective in treating or killing lice. Although we believe that there is a significant amount of science supporting our beliefs, most people in the community do not realize this, and they may be under the mistaken belief that they are not properly using the product or that they have become reinfested with lice, when, in fact, the product may not be effective in eradicating the lice. Thank you for your time and cooperation in this matter. From Safe2Use: If you have any knowledge or experience with these products and have reason to question their effectiveness, please fill out the survey which is forwarded to the attorney: Take Survey If you believe your have resistant lice, and can provide samples for an independent study, please read the following: HEAD LOUSE COLLECTION PROTOCOL 1). Eggs (nits), live instars (immatures) and adult lice should be stored in a container (Petri dish) with hair turfs and placed into a ziplock bag. 2). The ziplock bag should be covered with bubble wrap or placed into a FedEx bubble wrapped-lined pouch. 3). Dead lice should be stored in a glass vial with 95% ethanol and covered with bubble wrap. 4). These articles should be FedExed to us as soon as possible and indicate to them that this material is sensitive to cold temperatures (keep at room temperature). Contact Person: John Clark Department of Entomology 102G Fernald Hall University of Massachusetts Amherst, MA 01003 jclark@ent.umass.edu FAX: 413-545-2115 Tele: 413-545-1052 |
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