/raid1/www/Hosts/bankrupt/CAR_Public/140313.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, March 13, 2014, Vol. 16, No. 51
Headlines
AIR LINE PILOTS: Former Continental Pilots File Class Action
ALLIED RECREATION: Recalls 3 Motorhomes Due to Damaged End Links
ALTRA FOODS: Recalls Chocolat Alprose Cacao Premium Dark Chocolate
ARCTIC CAT: Recalls PROWLER A.T.V. Due to Fuel Line Defect
BARCLAYS BANK: Manipulates WM/Reuters FX Rates, Class Claims
CANON U.S.A.: Recalls PowerShot SX50 HS Digital Cameras
CATERPILLAR: Recalls CT660 Truck Due to Inoperative Brake
CENTURION AIR: Suit Seeks to Recover Unpaid Minimum and OT Wages
COLOPLAST CORP: "Jarrett" Suit Added to Pelvic Support System MDL
COUNTRY VILLA: Wage-and-Hour Class Actions Spur Chapter 11 Filing
D.L. JARDINE: Recalls Queso Loco Cheese Salsa & Dip
DESIGN IDEAS: Recalls Magnets Due to Risk of Ingestion
DIGITAL GENERATION: Equity Trading Suit Removed to S.D.N.Y.
DISCOVER HOME: Accused of Illegally Recording Phone Conversations
ENVIVIO INC: Scott+Scott Files Class Action in California
FISHER BROADCASTING: Ex-Employee Seeks to Recover Overtime Wages
FITNESS ANYWHERE: Recalls TRX Dip and Hammer Bars
FRED DEELEY: Recalls 297 Motorcycles Due to Programming Error
GEORGE'S INC: Recalls Chicken Products Due to Misbranding
HALLIBURTON CO: Court Set to Consider Overruling 1988 Precedent
HITACHI KOKI: Recalls Grass Trimmers Due to Fire and Burn Hazards
KIMBERLY-CLARK: Faces Class Action Over "Flushable" Wipes
LAS DELICIAS: Class Seeks to Recover Unpaid/Misappropriated Tips
MILL & RAY: Recalls Kid's Raincoats With Neck Drawstrings
MOUNTAIN EQUIPMENT: Recalls Youth Hoodies and Jackets
MOUNTAIN EQUIPMENT: Recalls Onya Outback Child Carrier
MT GOX: Selachii LLP Files Class Action v. CEO Over Bankruptcy
NAT'L COLLEGIATE STUDENT: Sued Over Deceptive Practices
NATIONWIDE MUTUAL: Removed "Willis" Class Suit to W.D. Arkansas
NEW FLYER: Recalls 29 Buses Due to Incorrect ECU Programming
NII HOLDINGS: Labaton Sucharow Files Class Action in Virginia
NISSAN: Recalls NV200 Light Trucks Due to Incorrect Tire Info
NORTH AMERICAN BANCARD: Faces Class Action Over Harassment
NUTRAMAX LABORATORIES: "Boorman" Suit Transferred to Maryland
O'FLYNN ENTERPRISES: Sued for Not Paying Non-Exempt Employees OT
OPS AMERICA: Recalls Air Movers Due to Fire Hazard
ORO VERDE: Local Delivery Driver Wants to Recover Overtime Wages
OVERLOOK AT MILE HIGH: Terminates Leases Over Asbestos Exposure
P.B. SCHOOL: Sued by Cosmetology Students Over Unpaid Wages
PACCAR: Recalls 2014 PETERBILT Truck Due to Needed Repairs
PELHAM, AL: Settles Portion of Firefighters' Class Action
PFIZER INC: Faces "Moore" Suit in West Virginia Over Lipitor Drug
POM WONDERFUL: Seeks Dismissal of False Advertising Class Action
PREVOST: Recalls 20 H3-45 COACH Buses Due to Battery Cable Defect
PREVOST: Recalls 34 X3-45 Coach Due to Internal Short Circuit
QUALITY NATURAL: Recalls Candy Due to Undeclared Sulphites
SAREPTA THERAPEUTICS: Faces "Corban" Securities Suit in Mass.
SPINELLI'S PIZZA: Accused of Failing to Pay Overtime Compensation
TAYLOR FARMS: Expands Recalls of Broccoli Salad Kit Products
TARGET CORP: Faces Additional Suit in Minnesota Over Data Breach
TEKTRO USA: Recalls Bicycle Mechanical Disc Brake Calipers
TWIN-STAR INTERNATIONAL: Recalls Duraflame Electric Space Heaters
UNITIL: Plaintiffs Appeal Denial of Class-Action Certification
ZLP MANUFACTURING: Recalls Hornet Zip Line Trolleys
* FDA Urges Drug Firms to Assess Cholesterol Drug Adverse Events
* Senate Vote on Oregon Class Action Bill
*********
AIR LINE PILOTS: Former Continental Pilots File Class Action
------------------------------------------------------------
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA
disclosed that six former Continental Airlines pilots who now work
for the merged United Airlines have filed a class-action lawsuit
against their own union on Feb. 25 based on claims their seniority
was unfairly stripped when the two airlines merged in 2010.
The lawsuit accuses the Air Line Pilots Association, International
(ALPA) of breaching its duty of fair representation to the former
Continental pilots by stripping their seniority in favor of a
larger group of pilots who worked for United before the merger.
For pilots, seniority controls pay, rank, schedule, flight routes,
types of aircraft flown, and job security in recession layoffs.
The lawsuit says ALPA sacrificed member interests to pursue its
controversial goal of achieving monopoly status as the only union
available to every airline pilot in North America.
The former Continental pilots say ALPA favored the United pilots
because there were more of them and because the United pilots had
enough votes to switch to a different union if they didn't get
their way. In 2005, ALPA lost many of its members when U.S.
Airways and America West merged. In that merger, ALPA provided
favorable seniority for America West pilots only to see the larger
group of U.S. Airways pilots lead the switch to a new union.
"This union had been burned once before and, instead of seeking a
fair resolution for all its members, it ignored its duty to be
fair by repeatedly poisoning the process simply to favor the side
with more political clout. This caused enormous loss to the
former Continental pilots," says Adam Milasincic, an attorney in
Houston's Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing, or AZA
who is representing the former Continental pilots with firm
partner Joseph Ahmad -- joeahmad@azalaw.com -- and Houston
attorney Howard Dulmage of The Law Offices of Howard T. Dulmage,
PLLC.
After the merger of Continental and United, ALPA sponsored
arbitration to combine the airlines' pilot seniority lists. The
lawsuit says ALPA skewed the arbitration's result in numerous
ways, such as assisting the United pilots with discovery, and even
paying a witness to appear for the United pilots.
The lawsuit cites the union's adoption of a seniority formula that
favored the United pilots over their peers at Continental,
including using factually incorrect information to further skew
the seniority results, which caused the former Continental pilots
to lose years -- and in some cases decades -- of seniority. As a
result, the former Continental pilots are asking a federal judge
to scrap the arbitration results and order ALPA to restart the
process of combining the airlines' pilot seniority lists with no
favoritism toward pilots who worked for United before the merger.
The lawsuit is Michael Carr; Gregory Kathan; Kelly L'Roy; Perry
Meier; Charles Mulhall; and Scott Mund, on behalf of themselves
and all other similarly situated v. Air Line Pilots Association,
International, No. 4:14-cv-00451, in the U.S. District Court for
the Southern District of Texas. The web site
www.LegacyCALPilots.com has been established to track the
lawsuit's progress.
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., or AZA --
http://www.azalaw.com-- is a Houston-based law firm that
concentrates its practice in the areas of complex commercial
litigation, including energy, intellectual property, securities
fraud, construction and business dispute cases.
For more information on the class-action lawsuit filed by the
former Continental pilots, please contact Mary Flood at 800-559-
4534 or mary@androvett.com
ALLIED RECREATION: Recalls 3 Motorhomes Due to Damaged End Links
----------------------------------------------------------------
Starting date: March 4, 2014
Type of communication: Recall
Subcategory: Motorhome
Notification type: Safety Mfr
System: Suspension
Units affected: 0
Source of recall: Transport Canada
Identification number: 2014063
TC ID number: 2014063
On certain vehicles built on a Spartan chassis, the front sway bar
end links may bind and break. This could affect vehicle handling
and increase the risk of a crash causing injury and/or property
damage.
Dealers will install redesigned end links.
Affected products:
Maker Model Model year(s) affected
----- ----- ----------------------
FLEETWOOD RV AMERICAN REVOLUTION 2011, 2012
FLEETWOOD RV DISCOVERY 2011, 2012
FLEETWOOD RV PROVIDENCE 2011, 2012
ALTRA FOODS: Recalls Chocolat Alprose Cacao Premium Dark Chocolate
------------------------------------------------------------------
Starting date: March 7, 2014
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Altra Foods Inc.
Distribution: Ontario, Quebec
Extent of the product
distribution: Consumer
Altra Foods Inc. is recalling Chocolat Alprose brand 52% Cacao
Premium Dark Chocolate from the marketplace because it contains
milk. People with an allergy to milk should not consume the
recalled product.
If you have an allergy to milk, do not consume the recalled
product as it may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of this product.
The recall was triggered by Canadian Food Inspection Agency (CFIA)
test results. The CFIA is conducting a food safety investigation,
which may lead to the recall of other products. If other high-
risk products are recalled, the CFIA will notify the public
through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Affected products: 3.5 oz (100 g) Chocolat Alprose 52% Cacao
Premium Dark Chocolate with 6 89423 02503 8 UPC
ARCTIC CAT: Recalls PROWLER A.T.V. Due to Fuel Line Defect
----------------------------------------------------------
Starting date: March 4, 2014
Type of communication: Recall
Subcategory: A.T.V.
Notification type: Safety Mfr
System: Fuel Supply
Units affected: 247
Source of recall: Transport Canada
Identification number: 2014064
TC ID number: 2014064
On certain side-by-side ATVs, the fuel line may have been
improperly secured, which could cause the fuel line fitting at the
engine to break and leak fuel. This could increase the risk of a
fire causing injury and/or damage to property
Dealers will inspect and correct fuel line routing as necessary.
Affected products:
Maker Model Model year(s) affected
----- ----- ----------------------
ARCTIC CAT PROWLER 500 HDX 2014
BARCLAYS BANK: Manipulates WM/Reuters FX Rates, Class Claims
------------------------------------------------------------
Five Star Forex, L.P., Individually and on Behalf of All Others
Similarly Situated v. Barclays Bank PLC, Barclays Capital Inc.,
BNP Paribas Group, BNP Paribas North America Inc., Citibank, N.A.,
Citigroup, Inc., Citigroup Forex, Inc., Credit Suisse Group AG,
Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Goldman
Sachs Group Inc., Goldman, Sachs & Co., HSBC Holdings PLC, HSBC
Bank PLC, JPMorgan Chase Bank, National Association, JPMorgan
Chase & Co., Lloyds Banking Group PLC, Morgan Stanley, Royal Bank
of Scotland Group PLC, UBS AG, UBS Securities LLC, and John Doe
Nos. 1-50, Case No. 1:14-cv-00494-LGS (S.D.N.Y., January 27, 2014)
alleges that the Defendants, in violation of the Sherman Act and
common law, conspired, combined, or contracted to fix and restrain
trade in, and intentionally manipulate, the foreign currency
exchange ("FX") market through the manipulation of the WM/Reuters
FX rates during the period of at least January 1, 2003, through
the present.
The Defendants control more than 80% of the FX market. In
addition, the Defendants simultaneously act as the largest
currency dealers in the United States, with the market share of
the 10 firms reporting the highest trading volumes in the U.S.
market increasing to 98% in 2013 compared to 91% in 2010.
Barclays Bank PLC, is a United Kingdom public limited company
headquartered at in London, England. Barclays Bank PLC and
Barclays Capital Inc. are wholly owned subsidiaries of Barclays
PLC and engage in investment banking, wealth management, and
investment management services. Barclays Capital Inc. maintains
an office in New York.
The Plaintiff is represented by:
Michael Eisenkraft, Esq.
J. Douglas Richards, Esq.
COHEN MILSTEIN SELLERS & TOLL, PLLC
88 Pine Street, 14th Floor
New York, NY, 10005
Telephone: (212) 838-7797
E-mail: meisenkraft@cohenmilstein.com
drichards@cohenmilstein.com
- and -
Manuel John Dominguez, Esq.
2925 PGA Boulevard, Suite 200
Palm Beach Gardens, FL 33410
Telephone: (561) 833-6575
E-mail: dominguez@cohenmilstein.com
- and -
Daniel H. Silverman, Esq.
1100 New York Ave., NW, Suite 500 West
Washington, DC 20005
Telephone: (202)408-4600
E-mail: dsilverman@cohenmilstein.com
- and -
Solomon B. Cera, Esq.
Thomas C. Bright, Esq.
Pamela A. Markert, Esq.
GOLD BENNETT CERA & SIDENER LLP
595 Market Street, Suite 2300
San Francisco, CA 94105
Telephone: (415) 777-2230
Facsimile: (415)777-5189
E-mail: scera@gbcslaw.com
tbright@gbcslaw.com
pmarkert@gbcslaw.com
- and -
Andrew J. Entwistle, Esq.
ENTWISTLE & CAPPUCCI LLP (NYC)
280 Park Avenue, 26th Floor West
New York, NY 10017
Telephone: (212) 894-7200
Facsimile: (212) 894-7272
E-mail: aentwistle@entwistle-law.com
Defendant Deutsche Bank AG is represented by:
Joseph Serino, Jr., Esq.
Eric Foster Leon, Esq.
KIRKLAND & ELLIS LLP (NYC)
601 Lexington Avenue
New York, NY 10022
Telephone: (212) 446-4913
Facsimile: (212) 446-6460
E-mail: jserino@kirkland.com
eleon@kirkland.com
- and -
Robert S. Khuzami, Esq.
KIRKLAND & ELLIS LLP
655 15th St. NW, Suite 1200
Washington, DC 20005-5765
Telephone: (202) 879-5065
E-mail: robert.khuzami@kirkland.com
Defendant HSBC Holdings plc is represented by:
Edwin R. Deyoung, Esq.
Gregory Thomas Casamento, Esq.
LOCKE LORD BISSELL & LIDDELL LLP (NYC)
3 World Trade Financial Center, 20th Floor
New York, NY 10281-2101
Telephone: (212) 812-8356
Facsimile: (212) 740-8800
E-mail: edeyoung@lockelord.com
gcasamento@lockelord.com
Defendants JPMorgan Chase Bank, National Association, and JPMorgan
Chase & Co are represented by:
Peter Edward Greene, Esq.
Boris Bershteyn, Esq.
Peter S. Julian, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
Four Times Square, 42nd floor
New York, NY 10036
Telephone: (212) 735-3620
Facsimile: (212) 735-2000
E-mail: peter.greene@skadden.com
boris.bershteyn@skadden.com
peter.julian@skadden.com
- and -
Patrick Joseph Fitzgerald, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP (IL)
155 North Wacker Drive, Suite 2700
Chicago, IL 60606-1720
Telephone: (312) 407-0508
Facsimile: (312) 827-9320
E-mail: patrick.fitzgerald@skadden.com
Defendant Lloyds Banking Group plc is represented by:
Marc Joel Gottridge, Esq.
Lisa Jean Fried, Esq.
HOGAN LOVELLS US LLP (NYC)
875 Third Avenue
New York, NY 10022
Telephone: (212) 918-3000
Facsimile: (212) 918-3100
E-mail: marc.gottridge@hoganlovells.com
lisa.fried@hoganlovells.com
Defendant Morgan Stanley is represented by:
Jonathan M. Moses, Esq.
Keia Denise Cole, Esq.
WACHTELL, LIPTON, ROSEN & KATZ
51 West 52nd Street
New York, NY 10019
Telephone: (212) 403-1000
Facsimile: (212) 403-2000
E-mail: JMMoses@wlrk.com
kdcole@wlrk.com
Defendants UBS AG and UBS Securities LLC are represented by:
Peter Sullivan, Esq.
Rachel Alden Lavery, Esq.
GIBSON, DUNN & CRUTCHER, LLP (NY)
200 Park Avenue, 48th Floor
New York, NY 10166
Telephone: (212) 351-5370
Facsimile: (212) 351-6370
E-mail: psullivan@gibsondunn.com
rlavery@gibsondunn.com
CANON U.S.A.: Recalls PowerShot SX50 HS Digital Cameras
-------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Canon U.S.A. Inc., of Melville, New York, announced a voluntary
recall of about 14,000 Canon PowerShot SX50 HS Digital Cameras.
Consumers should stop using this product unless otherwise
instructed. It is illegal to resell or attempt to resell a
recalled consumer product.
A chemical used in the rubber part of the viewfinders on the
camera can cause skin or eye irritation or an allergic reaction to
the user.
Canon has received one report of itching and two reports of eye
redness and pain.
The PowerShot SX50 HS is a black compact digital camera. The
words "PowerShot SX50 HS" are printed on the top of the camera.
The affected cameras have serial numbers beginning with "69", "70"
or "71" and have "1" as the sixth digit of the serial number. The
serial number is on the side or bottom of the camera housing.
Pictures of the recalled products are available at:
http://is.gd/g8M9FM
The recalled products were manufactured in Japan and sold at
camera and mass merchandise retailers nationwide including
OfficeMax, Sam's Club, Staples, Target and Walmart and on various
websites including Amazon.com, Best Buy.com and BHPhotoVideo.com
from October 2013 through January 2014 for about $430.
Consumers should immediately stop using the recalled cameras and
contact Canon to arrange a free repair.
CATERPILLAR: Recalls CT660 Truck Due to Inoperative Brake
---------------------------------------------------------
Starting date: February 25, 2014
Type of communication: Recall
Subcategory: Truck - Med. & H.D.
Notification type: Safety Mfr
System: Brakes
Units affected: 5
Source of recall: Transport Canada
Identification number: 2014057
TC ID number: 2014057
On certain vehicles, brake s-cam bracket assemblies on the
steering axle could fracture, causing an inoperative brake on the
affected wheel end. This could cause the vehicle to pull to one
side while braking and/or increase stopping distances, increasing
the risk of a crash causing injury and/or damage to property.
Dealers will affect repairs.
Affected products: 2012, 2013 CATERPILLAR CT660
CENTURION AIR: Suit Seeks to Recover Unpaid Minimum and OT Wages
----------------------------------------------------------------
Maria Luisa Garcia Leyva, and others similarly-situated v.
Centurion Air Cargo, Inc., a Florida corporation, Alfonso C Rey,
individually, Marcos Montesano, individually, Johnny Millon,
individually and Carlos Donado individually, Case No. 1:14-cv-
20323-JEM (S.D. Fla., January 27, 2014) is brought to recover from
the Company unpaid overtime, minimum wages, and as well as an
additional amount as liquidated damages, costs, and reasonable
attorney's fees.
Centurion Air Cargo, Inc., is a Florida corporation. The
Defendants currently employ the Plaintiff as a security guard.
The Plaintiff is represented by:
Christopher F. Zacarias, Esq.
LAW OFFICES OF CHRISTOPHER F. ZACARIAS, P.A.
2921 S.W. 27th Avenue
Coconut Grove, FL 33133
Telephone: (786) 518-3930
Facsimile: (305) 459-3964
E-Mail: czacarias@zacariaslaw.com
COLOPLAST CORP: "Jarrett" Suit Added to Pelvic Support System MDL
-----------------------------------------------------------------
The lawsuit captioned Jarrett, et al. v. Coloplast Corp., et al.,
Case No. 4:14-cv-00018, was transferred from the U.S. District
Court for the Eastern District of Arkansas to the United States
District Court for the Southern District of West Virginia
(Charleston). The West Virginia District Court Clerk assigned
Case No. 2:14-cv-04732 to the proceeding.
The lawsuit is transferred to be included in re: Coloplast Corp.
Pelvic Support Systems Products Liability Litigation, MDL No.
2387. The lawsuit arises from the alleged defective Coloplast
Aris Transobturator Mesh Device, which was to treat the
Plaintiffs' condition -- urinary incontinence.
Coloplast Manufacturing US, LLC, is a Minnesota Limited Liability
Company based in Minneapolis, Minnesota. The Defendants design,
research, develop, manufacture, test, market, advertise, promote,
distribute, and sell products that are sold and marketed to treat
among other things, stress incontinence.
The Plaintiffs are represented by:
Jason M. Hatfield, Esq.
JASON M. HATFIELD, PA
300 North College Avenue, Suite 309
Fayetteville, AR 72701
Telephone: (479) 527-3921
Facsimile: (479) 587-9196
E-mail: jason@jhatfieldlaw.com
- and -
Shawn Bradley Daniels, Esq.
HARE WYNN NEWELL & NEWTON
129-A West Sunbridge Drive
Fayetteville, AR 72703
Telephone: (479) 521-7000
Facsimile: (479) 695-1120
E-mail: shawn@hwnn.com
The Defendants are represented by:
Beverly A. Rowlett, Esq.
MUNSON ROWLETT MOORE & BOONE
400 West Capitol Avenue, Suite 1900
Little Rock, AR 72201
Telephone: (501) 374-6535
Facsimile: (501) 374-5906
E-mail: beverly.rowlett@mrmblaw.com
- and -
Lana K. Varney, Esq.
FULBRIGHT & JAWORSKI
98 San Jacinto Boulevard, Suite 1100
Austin, TX 78701
Telephone: (512) 536-4594
Facsimile: (512) 536-4598
E-mail: lvarney@fulbright.com
COUNTRY VILLA: Wage-and-Hour Class Actions Spur Chapter 11 Filing
-----------------------------------------------------------------
William D'Urso, writing for Orange County Register, reports that a
bevy of class-action lawsuits filed against nursing home operator
Country Villa Health Services has led the company to file for
Chapter 11 bankruptcy protection.
"It was in our control," CEO Stephen Reissman said by phone on
March 6. "It was our decision, my decision to do it. It wasn't
something we had to do."
Country Villa Health Services operates 19 nursing homes and has
management contracts. Some locations are in Long Beach, Seal
Beach and Santa Ana.
The firm said the bankruptcy won't affect operations or treatment
of patients at the company's nursing homes.
Country Villa Health Services of Los Angeles has a subsidiary,
Country Villa Service Corp., which said in bankruptcy court
filings on March 4 and March 5 in Santa Ana that 19 of the Country
Villa subsidiaries had filed for Chapter 11 bankruptcy
reorganization.
Under Chapter 11, business debtors continue to operate while they
attempt to reorganize their debts. During the Chapter 11 process,
creditors can't immediately act against Country Villa and its
subsidiaries but will have a chance to assert their claims as the
case progresses.
In the court filings, the company said its subsidiaries have 19
skilled nursing homes with 1,905 beds and 1,711 patients as of
Feb. 27, along with 2,113 employees.
The filings said 16 of the debtor subsidiaries are "Private Bank
Borrowers" that owe $7.15 million under a line of credit and a
term note. The filings said the subsidiaries' assets include
$2.23 million in cash along with $26.8 million in accounts
receivable; and that the fair market value of their facilities is
more than $39 million. However, the filing noted the debtors and
related entities have been hurt by delays in certain payments from
the state and that they are named as defendants in seven class-
action lawsuits, four involving wage-and-hour claims. Others
involved patient care or medications.
"The potential cumulative liability for all the defendants in
these actions is projected to be in the millions of dollars and
the cost of defending these actions has resulted in an enormous
financial burden on the debtors," a Country Villa filing said.
Staff writer Steve Green contributed to this report.
D.L. JARDINE: Recalls Queso Loco Cheese Salsa & Dip
---------------------------------------------------
Starting date: February 26, 2014
Type of communication: Recall
Alert sub-type: Allergy Alert
Subcategory: Allergen - Wheat
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: TJX Canada
Distribution: Alberta, British Columbia, Manitoba, New
Brunswick, Nova Scotia, Ontario,
Saskatchewan
Extent of the product
distribution: Retail
CFIA reference number: 8661
Affected products: 453 g. D.L. Jardine's Queso Loco Cheese Salsa &
Dip with 0 22531 52300 UPC
DESIGN IDEAS: Recalls Magnets Due to Risk of Ingestion
------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Design Ideas Ltd., of Springfield, Ill., announced a voluntary
recall of about 21,700 Rubber Ducky Magnets, 3,200 Blowfish
Magnets and 2,000 Splat Magnets. Consumers should stop using this
product unless otherwise instructed. It is illegal to resell or
attempt to resell a recalled consumer product.
The small magnets can easily detach from the product. If
swallowed, magnets can link together inside a child's intestines
and clamp onto body tissues, causing intestinal obstructions,
perforations, sepsis and death. Internal injury from magnets can
pose serious lifelong health effects.
There were no incidents that were reported.
The recall involves miniature office and refrigerator magnets sold
in the shape of a duck, blowfish and a splat. A small magnet is
affixed to the underside of the brightly colored plastic objects
which were sold in sets of four or six. Model number 3205121
(duck), 993205114 (duck), 3205122 (blowfish) or 3205078 (splat) is
printed on the bottom of the packaging. "Magnets" and the Design
Ideas' logo are printed on the front of the package.
Pictures of the recalled products are available at:
http://is.gd/2jTNiz
The recalled products were manufactured in China and sold at
Nordstrom's Rack stores, novelty and gift stores, book stores and
art stores nationwide from March 2007 through September 2013 for
about $10. Blowfish magnets were sold at novelty and gift stores,
book stores and art stores nationwide from March 2007 through
March 2011 for about $10. Splat magnets were sold at CB2 stores,
novelty and gift stores, office supply stores and art stores
nationwide from November 2012 to February 2014 for about $10.
Consumers should immediately stop using the recalled magnets place
them out of reach of children and contact Design Ideas for a
refund.
DIGITAL GENERATION: Equity Trading Suit Removed to S.D.N.Y.
-----------------------------------------------------------
The purported class action lawsuit styled Equity Trading v.
Ginsburg, et al., Case No. 650112-14, was removed from the State
Court-Supreme, County of New York, to the U.S. District Court for
the Southern District of New York (Foley Square). The District
Court Clerk assigned Case No. 1:14-cv-00499-RWS to the proceeding.
This litigation is an eleventh-hour attempt by one purported
shareholder of Digital Generation ("DG") -- an entity calling
itself "Equity Trading," which has no Web site and has not even
identified its principals or business address -- to disrupt a
voluntary corporate transaction between a majority of all DG
shareholders and Defendants Extreme Reach, Inc. and Dawn Blackhawk
Acquisition Corp. (the "Buyers"), according to the removal notice.
The Defendants say that the transaction was approved unanimously
by the independent directors of DG, and was publicly announced in
August 2013. DG filed a proxy with the Securities and Exchange
Commission in November 2013, publicly disclosing the terms of the
transaction.
The Defendants contend that the Plaintiff nevertheless seeks to
block this transaction, and delayed until January 14, 2014, less
than three weeks before DG's special shareholder meeting, to bring
this lawsuit -- despite having known of the transaction and its
terms for months. The Defendants add that the Plaintiff waited so
long to seek to stop the transaction speaks volumes about its
motives, and that any "emergency" it now contends exists is
entirely self-inflicted.
The Plaintiff is represented by:
David Michael Titus, Esq.
Gaitri Boodhoo, Esq.
Lauren Christina Watson, Esq.
Richard B. Brualdi, Esq.
THE BRUALDI LAW FIRM
29 Broadway, Suite 2400
New York, NY 10006
Telephone: (212) 952-0602
Facsimile: (212) 952-0608
E-mail: dtitus@brualdilawfirm.com
gboodhoo@brualdilawfirm.com
lwatson@brualdilawfirm.com
rbrualdi@brualdilawfirm.com
The Defendants are represented by:
Jeff G. Hammel, Esq.
Blake T. Denton, Esq.
LATHAM & WATKINS LLP
885 Third Avenue, Suite 1000
New York, NY 10022-4834
Telephone: (212) 906-1200
Facsimile: (212) 751-4864
E-mail: jeff.hammel@lw.com
blake.denton@lw.com
- and -
Mark B. Rosen, Esq.
PIERCE ATWOOD LLP
One New Hampshire Avenue, Suite 350
Portsmouth, NH 03801
Telephone: (603) 433-6300
Facsimile: (603) 433-6372
E-mail: mrosen@pierceatwood.com
Defendants Extreme Reach, Inc. and Dawn Blackhawk Acquisition
Corp. are represented by:
Jeffrey E. Francis, Esq.
Kate Ryan Isley, Esq.
Larry L. Varn, Esq.
PIERCE ATWOOD LLP
100 Summer Street, Suite 2250
Boston, MA 02110
Telephone: (617) 488-8100
Facsimile: (617) 824-2020
E-mail: jfrancis@pierceatwood.com
kisley@pierceatwood.com
lvarn@pierceatwood.com
DISCOVER HOME: Accused of Illegally Recording Phone Conversations
-----------------------------------------------------------------
Justin Maghen; and, on behalf of all others similarly situated v.
Discover Home Loans, Inc., Case No. 2:14-cv-00628-FMO-AJW (C.D.
Cal., January 27, 2014) accuses the Company of having a policy and
practice of recording telephone conversations with the public,
including California residents.
The Company's employees and agents are directed, trained and
instructed to, and do, record cellular telephone conversations
with the public, including California residents, the Plaintiff
asserts.
Discover Home Loans, Inc., is a Delaware company with its
principal place of business in Riverwoods, Illinois. The Company
is in the business of scheduling end of lease vehicle inspection
appointments on behalf of automobile dealers throughout the
country.
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Matthew M. Loker, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
ml@kazlg.com
- and -
Joshua B. Swigart, Esq.
HYDE & SWIGART
411 Camino Del Rio South, Suite 301
San Diego, CA 92108
Telephone: (619) 233-7770
Facsimile: (619) 297-1022
E-mail: josh@westcoastlitigation.com
- and -
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M. FRIEDMAN PC
369 South Doheny Drive, Suite 415
Beverly Hills, CA 90211
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@attorneysforconsumers.com
The Defendant is represented by:
Julia B. Strickland, Esq.
STROOCK AND STROOCK AND LAVAN LLP
2029 Century Park East Suite 1600
Los Angeles, CA 90067-3086
Telephone: (310) 556-5800
Facsimile: (310) 556-5959
E-mail: jstrickland@stroock.com
ENVIVIO INC: Scott+Scott Files Class Action in California
---------------------------------------------------------
On February 28, 2014, Scott+Scott, Attorneys at Law, LLP filed a
class action complaint against Envivio, Inc. in the U.S. District
Court for the Northern District of California. The complaint,
which seeks remedies under the Securities Exchange Act of 1934,
was filed on behalf of those persons and entities who purchased or
otherwise acquired Envivio securities between April 25, 2012 and
September 6, 2012. The complaint alleges that Envivio issued
materially false and misleading statements regarding the Company's
revenue prospects during the Class Period
Investors who purchased Envivio securities during the Class Period
and wish to serve as a lead plaintiff in the class action must
move the Court no later than April 29, 2014. Members of the
investor class may move the Court to serve as lead plaintiff
through counsel of their choice, or may choose to do nothing and
remain absent class members in the lawsuit. If you wish to view
the complaint, discuss the Envivio litigation, or have questions
concerning this notice or your rights, please contact Michael
Burnett of Scott+Scott -- mburnett@scott-scott.com --
(800) 404-7770, (860) 537-5537) or visit the Scott+Scott website
for more information: http://www.scott-scott.com
There is no cost or fee to you.
Founded in 2000 and headquartered in South San Francisco,
California, Envivio is a provider of software-based IP video
processing and distribution products and services. On April 25,
2012, the Company conducted its initial public offering ("IPO") of
Envivio stock at $9.00 per share. The IPO raised approximately
$70 million in gross proceeds for the Company and selling
stockholders, which included certain of the Company's officers and
directors.
On August 13, 2012, the Company issued a press release entitled,
"Envivio Provides Preliminary Revenue Results for Second Quarter
Fiscal 2013" in which it lowered revenue guidance. On this
information, Envivio stock prices declined $3.22 per share, or
56.49% to close at $2.48 per share on August 14, 2012. After the
close of the market on September 6, 2012, the Company issued a
press release entitled, "Envivio Reports Second Quarter Fiscal
2013 Financial Results" and held an earnings conference call
through which the Company announced declined revenue. On this
news, shares of the Company's stock further declined $0.46 per
share, or 17.16% to close at $2.22 per share on September 7, 2012.
Scott+Scott has significant experience in prosecuting major
securities, antitrust, and employee retirement plan actions
throughout the United States. The firm represents pension funds,
foundations, individuals, and other entities worldwide.
FISHER BROADCASTING: Ex-Employee Seeks to Recover Overtime Wages
----------------------------------------------------------------
Thom Jensen, individually, and on behalf of all others similarly
situated v. Fisher Broadcasting - Portland TV, LLC, now known as
Sinclair Television of Portland, LLC, and Fisher Broadcasting
Company, now known as Sinclair Television Media, Inc., and Fisher
Communications, Inc., now known as Sinclair Broadcast Group, Inc.,
Case No. 3:14-cv-00137-AC (D. Or., January 27, 2014) is a
representative action by a former employee against his employer to
recover unpaid overtime wages.
The Plaintiff brings the lawsuit to obtain from the Defendants the
overtime wages due him and his co-workers under the federal Fair
Labor Standards Act, and liquidated damages for failure to pay
overtime wages under the FSLA.
Fisher Broadcasting - Portland TV, LLC was a foreign limited
liability company with a license to conduct business in the state
of Oregon. Fisher Broadcasting Company was a Washington
corporation licensed to conduct business in the state of Oregon.
Fisher Broadcasting Company was the sole Member of Fisher
Broadcasting - Portland TV, LLC. Fisher Broadcasting Company was
a wholly owned subsidiary of Fisher Communications, Inc. Both
Fisher Broadcasting - Portland TV, LLC and Fisher Broadcasting
Company were owned and operated by Fisher Communications, Inc.,
which substantially controlled their operations, including the
decision whether to pay overtime to employees and the decisions
regarding the Plaintiff's termination.
On April 11, 2013 it was announced that Sinclair Broadcast Group,
Inc. was acquiring Fisher Communications, Inc. which owned 20
television stations, including KATU where the Plaintiff worked.
After the sale was completed in August 2013, Fisher Broadcasting -
Portland TV, LLC became Sinclair Television of Portland, LLC, a
Delaware limited liability company with a license to conduct
business in the state of Oregon. Sinclair Television Media, Inc.
is a Washington corporation licensed to conduct business in the
state of Oregon. Sinclair Television Media, Inc. is the sole
Member of Sinclair Television of Portland LLC. Sinclair
Television Media, Inc. is a wholly owned subsidiary of Sinclair
Broadcast Group, Inc. Both Sinclair Television of Portland, LLC
and Sinclair Broadcast Group, Inc. are owned and operated by
Sinclair Broadcast Group, Inc.
The Plaintiff is represented by:
Aaron W. Baker, Esq.
AARON W. BAKER, ATTORNEY AT LAW
888 SW Fifth Avenue, Suite 650
Portland, OR 97204
Telephone: (503) 234-8800
Facsimile: (503) 525-0650
E-mail: awblaw@earthlink.net
- and -
Tara R. Lawrence, Esq.
LAWRENCE LAW OFFICE PC
6915 SW Macadam Ave., Suite 115
Portland, OR 97219
Telephone: (503) 387-5571
Facsimile: (503) 660-7336
E-mail: tara@taralawrencelaw.com
The Defendants are represented by:
Sarah J. Crooks, Esq.
PERKINS COIE, LLP
1120 NW Couch Street, 10th Floor
Portland, OR 97209-4128
Telephone: (503) 727-2252
Facsimile: (503) 727-2222
E-mail: scrooks@perkinscoie.com
FITNESS ANYWHERE: Recalls TRX Dip and Hammer Bars
-------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Fitness Anywhere LLC, of San Francisco, Calif., announced a
voluntary recall of about 2,700 TRX Dip and Hammer Bars.
Consumers should stop using this product unless otherwise
instructed. It is illegal to resell or attempt to resell a
recalled consumer product.
The welds on the bars can crack or break and cause the user to
fall, posing a risk of injury.
Fitness Anywhere has received 33 reports of welds breaking,
including one report of a minor injury.
The recall involves TRX dip bars and hammer bars used with TRX
S-Frames and Elevated Frames which are used to support TRX
exercise equipment. The TRX dip bar for an S-Frame consists of
two handles about 18" apart at the base affixed to a 49" bar that
attaches to the S-Frame. The TRX dip bar for an Elevated Frame
consists of two handles about 18" apart at the base affixed to a
58" bar that attaches to the Elevated Frame. They are used for
performing dips and other related exercises. The TRX hammer bar
consists of two handles about 16" apart affixed to a 17" bar that
attaches near the top of the S-Frame or Elevated Frame and is used
for performing pull ups and other related exercises.
Pictures of the recalled products are available at:
http://is.gd/S6e7F3
The recalled products were manufactured in United States and China
and sold at Fitness Anywhere and authorized commercial
distributors nationwide from June 2011 to May 2013 for about $500.
Consumers should immediately stop using the recalled dip bars and
hammer bars and contact Fitness Anywhere for a replacement.
Fitness Anywhere has notified all known purchasers.
FRED DEELEY: Recalls 297 Motorcycles Due to Programming Error
-------------------------------------------------------------
Starting date: February 25, 2014
Type of communication: Recall
Subcategory: Motorcycle
Notification type: Compliance Mfr
System: Lights and Instruments
Units affected: 297
Source of recall: Transport Canada
Identification number: 2014058
TC ID number: 2014058
Manufacturer recall
number: 0615
Certain motorcycles may not comply with Canada Motor Vehicle
Safety Standard 108 - Lighting System and Retroreflective Devices.
Due to a programming error in the body control module, the brake
lamp lit area may be less than what is allowable by the standard.
This could render the vehicle less visible to other motorists,
possibly resulting in a crash causing property damage and/or
personal injury.
Dealers will correctly reprogram the settings in the body control
module.
Affected products:
Maker Model Model year(s) affected
----- ----- ----------------------
HARLEY-DAVIDSON SOFTAIL SLIM 2014
HARLEY-DAVIDSON SOFTAIL BREAKOUT 2014
GEORGE'S INC: Recalls Chicken Products Due to Misbranding
---------------------------------------------------------
George's Inc., a Springdale, Ark. establishment, is recalling
approximately 29,200 pounds of seasoned raw, chicken breast strips
due to misbranding and an undeclared allergen, the U.S. Department
of Agriculture's Food Safety and Inspection Service (FSIS)
announced. The products are formulated with soy protein, a known
allergen, and monosodium glutamate (MSG). However, the product
was released with a label for George's boneless skinless breast
pieces with rib meat, which does not declare soy or MSG on the
label.
The products subject to recall bear the label:
-- 40 lb. bulk cartons of "GEORGE'S BONELESS SKINLESS BREAST
PIECES W/RIB MEAT" with case code 4790.
The products were produced and packaged from Dec. 21 through
Dec. 23, 2013, and were sold to distributors in Tennessee and Iowa
for further distribution. The recalled products bear the
establishment number "P-13584" below the USDA Mark of Inspection
and "Packed on" date in the format of "mm/dd/yy" on the carton
label.
The problem was discovered after the company received a customer
complaint of incorrectly labeled product. The customer noticed
that the product they received appeared to be seasoned, when it
was labeled as being simply boneless, skinless breast pieces. The
company's investigation found that the mislabeling occurred when
the George's label was mistakenly applied to allergen containing
products packaged nearby. FSIS and the company have received no
reports of adverse reactions due to consumption of these products.
Anyone concerned about a reaction should contact a healthcare
provider.
FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.
Consumers with questions about the recall should contact Ali Perry
at (479) 927-7256. Media with questions about the recall should
contact Glen Balch at (479) 927-7105 or Dirk Lemmons at (479) 927-
7106.
Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. "Ask Karen" live chat services
are available Monday through Friday from 10 a.m. to 4 p.m. ET.
The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline
(1-888-674-6854) is available in English and Spanish and can be
reached from l0 a.m. to 4 p.m. (Eastern Time) Monday through
Friday. Recorded food safety messages are available 24 hours a
day.
HALLIBURTON CO: Court Set to Consider Overruling 1988 Precedent
---------------------------------------------------------------
Lawrence Hurley, writing for Reuters, reports that in a case
eagerly watched by publicly traded companies regularly sued by
investors, the U.S. Supreme Court was set to consider on March 5
overruling a 26-year-old precedent that made it easier for
plaintiffs to negotiate large class action settlements.
If the court rules broadly in a way favored by the defendant
in the case, energy giant Halliburton Co., it could
herald a decline in the booming securities class action
industry, some experts say.
The case gives the justices an opportunity to re-appraise
and possibly overturn a 26-year-old precedent, Basic v.
Levinson, that made it easier for securities class action cases
to go beyond the preliminary certification stage.
The court in the 1988 precedent embraced the "fraud on the
market" theory. This assumes that public information about a
company is known to the market -- and plaintiffs do not have to
show that they relied on a specific misrepresentation, only that
they purchased shares before the truth came out.
Business groups such as the U.S. Chamber of Commerce and the
National Association of Manufacturers were eager for the court
to take up the case. In a Chamber-commissioned report issued to
coincide with Wednesday's one-hour oral argument, Navigant
Consulting said such lawsuits cost almost $39 billion a year and
recover only $5 billion a year. The act of filing a lawsuit
alone decreases shareholder value by 4.4 percent, the report
said.
Supporters of the plaintiffs question the study, saying its
estimation of losses does not appropriately account for the
damage done to the stock price by the misrepresentations that
prompt investors to sue.
Plaintiffs' Lawyers
The business lobby says the main beneficiaries of the
securities class action bonanza are plaintiffs' lawyers, who
take up to a 25 percent cut of any settlement. The settlements
can reach hundreds of millions of dollars.
Plaintiffs' lawyers have long been the target of criticism
from both business groups and Republicans in Congress, who say
they benefit disproportionately from the litigation. They are
among the top donors to Democratic politicians, who generally
support class action lawsuits on a wide range of subjects,
including employment discrimination and product liability.
Securities class action lawsuits are mostly filed on behalf
of large institutional investors, like the Erica P. John Fund
Inc, which sued Halliburton in 2002 for allegedly understating
its asbestos liabilities while overstating revenues and the
benefits of its merger with Dresser Industries. A total of 21
states, represented by both Republican and Democratic governors,
filed a brief backing the plaintiffs, citing the importance of
the litigation to state pension funds.
Supporters of the plaintiffs, including the administration
of Democratic President Barack Obama, say securities class
action lawsuits hold companies accountable to their
shareholders.
A decision overturning or narrowing the impact of the 1988
precedent would not end securities class action litigation, but
it would usher in a new era that favors defendants more, said
George Conway -- GTConway@wlrk.com -- a defense lawyer with
Wachtell, Lipton, Rosen &
Katz.
"There will be plenty of securities litigation after this,"
he said. "It won't be the same. It won't be as lucrative for
plaintiffs' lawyers."
The 1988 ruling effectively kickstarted the securities class
action industry that exists today. There were 3,050 private
securities class action cases between 1997 and 2012 leading to
settlements worth more than $73.1 billion, according to a brief
Conway filed on behalf of former U.S. Securities and Exchange
Commission members who support Halliburton.
If the court were to overrule the 1988 precedent, investor
plaintiffs would have to show they actually relied on specific
false statements when making investment decisions before any
lawsuit could go ahead. Some experts say it would be hard for
many current securities class actions to meet that burden.
At a minimum, plaintiffs' lawyers would need to make much
more detailed claims at the preliminary stage of each case.
Donald Langevoort, a professor at Georgetown Law Center in
Washington, D.C., who supports the plaintiffs, defended the
lawsuits, saying the threat of multi-million dollar payouts
serves to deter potential wrongdoing.
"There's no doubt that when the company writes a check for
$500 million, it hurts," he said.
Current Court
What worries plaintiffs in particular is that four of the
nine Supreme Court justices have signaled they have concerns
about the "fraud-on-the-market" theory. Justice Samuel Alito
said the court should consider overruling the 1988 case in a
separate opinion he wrote after concurring with the majority in
a securities class action case decided in February last year in
favor of plaintiffs, Amgen v. Connecticut Retirement Plans.
Justice Alito wrote in his opinion that there was recent evidence
the fraud-on-the-market theory "may rest on a faulty economic
premise." Amgen Inc., which lost that case, has filed a
brief backing Halliburton.
Halliburton is before the court for a second time. In
January 2011, the court unanimously ruled that a U.S. appeals
court erred in rejecting class certification. When the case
returned to lower courts, Halliburton argued that the class
could still not be certified, this time on different grounds,
prompting the latest wave of appeals.
A ruling is expected by the end of June. The case is
Halliburton Co. v. Erica P. John Fund, U.S. Supreme Court, No.
13-317.
HITACHI KOKI: Recalls Grass Trimmers Due to Fire and Burn Hazards
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Hitachi Koki U.S.A. Ltd., of Norcross, Ga., announced a voluntary
recall of about 115,000 units in the United States and 12,400 in
Canada Grass trimmers. Consumers should stop using this product
unless otherwise instructed. It is illegal to resell or attempt
to resell a recalled consumer product.
The grass trimmers can overheat, posing fire and burn hazards to
the consumer.
There were no incidents that were reported.
The recall involves twelve models of Hitachi Koki and Tanaka-brand
hand-held grass trimmers. The gasoline-powered trimmers have
either a green engine cover (Hitachi) or orange (Tanaka). The
Hitachi or Tanaka logo is printed on the circular plate on the
starter pull housing. Model and serial numbers are also located
on the circular plate. Trimmers included in the recall have one
of the following model numbers and have a serial number that begin
with J, P or a number:
Brand Model Number
----- ------------
Hitachi CG22EAB(SLP)
CG22EAD(SLP)
CG22EAS(SLP)
CG24EASP(SL)
CG27EASP(SL)
Tanaka TCG22EAB(SLP)
TCG22EAD(SLP)
TCG22EAS(SLP)
TCG24EASP(SL)
TCG27EASP(SL)
TCG40EAS(LP)
TCG40EAS(P)
Pictures of the recalled products are available at:
http://is.gd/Z7ESYc
The recalled products were manufactured in China and sold at
Lowes, Sears and other home improvement and building supply stores
nationwide and online at Amazon.com from March 2010 through
November 2013 for between $300 and $800.
Consumers should immediately stop using the recalled grass
trimmers and contact Hitachi Koki U.S.A. for instructions on how
to return the product for a free repair.
KIMBERLY-CLARK: Faces Class Action Over "Flushable" Wipes
---------------------------------------------------------
U-Jin Lee, writing for ABC News, reports that a New York doctor
has filed a federal class-action lawsuit against the makers of
"flushable" wipes after experiencing what he claims were major
plumbing and clogging issues in his home.
"The defendants should have known that their representations
regarding flushable wipes were false and misleading," the
complaint states.
The lawsuit by Dr. Joseph Kurtz, who lives in Brooklyn, N.Y.,
cites Kimberly-Clark and Costco Wholesale corporations and seeks
damages of at least $5 million. The suit filed on Feb. 21 in the
Eastern District of New York represents 100 people and claims that
consumers around the country have suffered through clogged pipes,
flooding, jammed sewers and problems with septic tanks due to the
use of flushable wipes.
The lawsuit is the latest complaint against the flushable wipes in
recent years.
In response to this federal lawsuit, Bob Brand, a spokesperson for
Kimberly-Clark, the makers of Cottonelle wipes said, "Kimberly-
Clark has an extensive testing process to ensure that our
flushable wipes products meet or exceed all industry guidelines
and we stand behind our claims of flushability."
A Costco official told ABC News that Costco does not comment on
lawsuits.
While the cleansing cloth packages are labeled as "flushable" and
"sewer-and-septic-safe," the lawsuit states that there are no
legal requirements that a product must meet in order to claim that
it is "flushable" and only voluntary guidelines may be followed at
the discretion of manufacturers.
LAS DELICIAS: Class Seeks to Recover Unpaid/Misappropriated Tips
----------------------------------------------------------------
Francisco Fermin, Emilio Moreno, and Andres Del Rosario, on behalf
of themselves and others similarly situated v. Las Delicias
Peruanas Restaurant, Inc., Bertha Marconi, and Nicolas De Pierola,
Case No. 1:14-cv-00559-RRM-VMS (E.D.N.Y., January 27, 2014)
alleges that, pursuant to the Fair Labor Standards Act, the
Plaintiffs are entitled to recover from the Defendants: (1) unpaid
minimum wages; (2) unpaid overtime compensation, (3) unpaid or
misappropriated tips, (4) liquidated damages, (5) prejudgment and
post-judgment interest; and (6) attorneys' fees and costs.
Las Delicias is a New York domestic business corporation with a
principal place of business in Corona, New York. The Individual
Defendants are joint owners, shareholders, officers, directors,
supervisors, managing agents, and proprietors of Las Delicias.
The Plaintiffs are represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue - 6th Floor
New York, NY 10017
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
E-mail: jcilenti@jcpclaw.com
pcooper@jcpclaw.com
MILL & RAY: Recalls Kid's Raincoats With Neck Drawstrings
---------------------------------------------------------
Starting date: March 6, 2014
Posting date: March 6, 2014
Type of communication: Consumer Product Recall
Subcategory: Children's Products
Source of recall: Health Canada
Issue: Strangulation Hazard
Audience: General Public
Identification number: RA-38197
Affected products: Children's raincoats with neck drawstrings
The recall involves these products:
Description Style Colour Size
----------- ----- ------ ----
Children's Unisex polyester/ 6110 Navy/Yellow 4-6-6X
Rubber/PVC Raincoat
Children's Unisex polyester/ 9110 Navy/Yellow 8-16
Rubber/PVC Raincoat
Health Canada's sampling and evaluation program has determined
that drawstrings on children's upper outerwear can become caught
on playground equipment, fences or other objects and result in
strangulation, or in the case of a vehicle, the child being
dragged.
Neither Mill-Ray Sales Co Inc nor Health Canada has received
reports of incidents or injuries to Canadians related to the use
of these products.
For more information on the hazards related to drawstrings on
children's upper outerwear and tips to help consumers eliminate
these hazards, see Health Canada's: 'Is Your Child Safe',
'Industry Guide to Second-hand Products', and 'Children's
Sleepwear: Flammability Requirement Guidelines'.
Approximately 3,456 of the recalled products were sold at
l'Aubainerie stores.
The recalled products were manufactured in China and sold from
January 2013 to January 2014.
Companies:
Distributor Mill-Ray Sales Co Inc.
Montreal
Quebec
Canada
Consumers should immediately remove the drawstrings from the neck
area to eliminate the hazard.
MOUNTAIN EQUIPMENT: Recalls Youth Hoodies and Jackets
-----------------------------------------------------
Starting date: March 6, 2014
Posting date: March 6, 2014
Type of communication: Consumer Product Recall
Subcategory: Children's Products
Source of recall: Health Canada
Issue: Strangulation Hazard
Audience: General Public
Identification number: RA-38199
Affected products: Blurr Heidi Hoodie, Segment Hoodie, and
Nitrogen Jacket
The recall involves youth hoodies and jackets in various colours
with these product numbers:
Model Name Product Number
---------- --------------
Heidi Hoodie 5033-140
Segment Hoodie 5033-141
Nitrogen Jacket (girls) 5029-731
Nitrogen Jacket (boys) 5029-732
Health Canada's sampling and evaluation program has determined
that drawstrings on children's upper outerwear can become caught
on playground equipment, fences or other objects and result in
strangulation, or in the case of a vehicle, the child being
dragged.
Neither Mountain Equipment Co-op, Blurr nor Health Canada has
received reports of incidents or injuries related to the use of
these jackets.
For more information on the hazards related to drawstrings on
children's upper outerwear and for tips to help consumers
eliminate these hazards, see Health Canada's: 'Is Your Child
Safe', 'Industry Guide to Second-hand Products', and 'Children's
Sleepwear: Flammability Requirement Guidelines'.
Approximately 886 jackets and 314 hoodies were sold at Mountain
Equipment Co-op locations across Canada.
The recalled jackets were manufactured in China and sold from
October 2012 to November 2013. The recalled hoodies were sold
from September 2013 to December 2013.
Companies:
Distributor Mountain Equipment Co-op
Vancouver
British Columbia
Canada
Consumers should immediately remove the drawstring from the jacket
or hoodie to eliminate the hazard.
MOUNTAIN EQUIPMENT: Recalls Onya Outback Child Carrier
------------------------------------------------------
Starting date: February 25, 2014
Posting date: February 25, 2014
Type of communication: Consumer Product Recall
Subcategory: Children's Products
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public
Identification number: RA-38087
Affected products: Onya Outback Child Carrier
The recall involves carriers with these model numbers:
-- OBMR20130625-3087 (black),
-- OBMR20130625-3032 (orange/grey).
The model number is located on the reverse side of the "Made in
Vietnam" label found inside the hood pocket.
The stops at the bottom and top of the sternum slider may fail and
cause the sternum strap to disconnect.
Neither Health Canada nor Mountain Equipment Coop have received
any reports of incidents.
Approximately 470 units were sold at Mountain Equipment Coop
locations across Canada.
The recalled carriers were manufactured in Vietnam and sold from
October 2013 to January 2014.
Companies:
Distributor Onya Baby
Felton
California
United States
Consumers should stop using the carrier immediately and return it
to Mountain Equipment Coop for a replacement or full refund.
MT GOX: Selachii LLP Files Class Action v. CEO Over Bankruptcy
--------------------------------------------------------------
Cameron Fuller, writing for International Business Times, reports
that in the latest chapter of the MtGox saga, a London law firm
has filed a class-action lawsuit against MtGox CEO Mark Karpeles.
The bitcoin exchange filed for bankruptcy on Feb. 28, stating that
more than 850,000 bitcoins, 100,000 of which belonged to the
exchange itself, had been lost due to a flaw in their systems.
The lawsuit seeks damages from Karpeles himself, saying that they
will go after him "wherever in the world he is."
Selachii LLP claims to represent more than 200 claimants in
15 countries around the world, some of which lost vast sums of the
virtual currency. One claimant states it had more than 4,000
coins tied up on the exchange, which halted the ability to
withdraw funds on Feb. 7. Prior to the withdrawal suspension the
average bitcoin price was around $850; the market opened on
March 3 at $560 per bitcoin, but has since climbed to $670.
The Japan-based bitcoin exchange has remained very quiet about the
loss and bankruptcy, stating only: "We have lost bitcoins due to
weaknesses in the system." Mr. Karpeles was referring to the
transaction malleability flaw in the bitcoin protocol. However,
many have questioned whether a loss of that size could be
committed through a bitcoin malleability hack.
Selachii's Richard Howlett says that the statements MtGox and
Mr. Karpeles have made don't make sense. "I don't know if it's
true that they were hacked. No one knows if it's true,"
Mr. Howlett states. "But that's something that will come out in
court. I will be surprised if it's as simple as they were just
hacked." According to Mr. Howlett, both bitcoin and the fiat
funds that were associated with users' accounts could not be lost
in the same way.
Mr. Howlett also questions the bitcoin exchange's actions leading
up to the bankruptcy, claiming that MtGox's actions could be seen
as fraudulent and illegal. Mr. Karpeles spent the month of
February stating that everything was in order and encouraged users
to continue to trade on the site, saying only that a fix needed to
be implemented on the site's code before withdrawals could be
reinstated. Additionally, the weekend before the exchange filed
for bankruptcy, MtGox deleted its Twitter account, going
completely silent. "They had to be honest. They should have
stopped everything, because it appears that they were in serious
financial difficulty," Mr. Howlett said.
Whether the exchange was fraudulent or not is up to the court to
decide. Many people in the bitcoin community are claiming that it
should be easy to prove the hack as every transaction is logged on
the blockchain, a public ledger that identifies every transaction
as it processes. What will be less easy is to show how the
company lost the fiat funding through a hack.
NAT'L COLLEGIATE STUDENT: Sued Over Deceptive Practices
-------------------------------------------------------
Kurt Orzeck, writing for Law360, reports that The National
Collegiate Student Loan Trust and the Law Offices of Patenaude &
Felix APC are accused of violating federal and state laws by
trying to collect student loan debts through deceptive means,
according to a putative class action filed on Feb. 28 in
California federal court.
Dawn Zoerb of California alleges that after falling behind on his
student loan payments, Patenaude -- on behalf of National
Collegiate -- tried to collect his debt through a state
collections lawsuit that didn't identify the original creditor.
The complaint accuses the defendants of violating the federal Fair
Debt Collection Practices Act and a California state debt
collection statute, the Rosenthal Fair Debt Collection Practices
Act.
The putative classes consist of all California residents against
whom Patenaude filed a similar California state collections
lawsuit that didn't include the original creditor's name, or to
whom the firm sent a similar communication omitting the original
creditor's name. The class period extends to one year before the
filing of the Feb. 28 complaint.
"Defendants . . . unlawfully and abusively collect[ed] a debt
allegedly owed by [Zoerb], and this conduct caused [Zoerb]
damages," the suit says.
Congress wrote the FDCPA in order to curb abusive debt collection
practices -- which can lead to job losses, bankruptcies and
invasions of individual privacy -- and to encourage states to
implement measures protecting consumers against abusive debt
collection practices, according to the complaint.
California's state legislature has said that unfair or deceptive
collection practices undermine the public confidence that is
needed in order for banking and credit systems -- and the
extension of credit to consumers -- to function smoothly, the
Feb. 28 suit says.
After Ms. Zoerb fell behind on his payments of the alleged debt,
it was transferred to National Collegiate for collection,
according to his suit. In June, on behalf of National Collegiate,
Patenaude allegedly filed its California state collections lawsuit
against him.
Ms. Zoerb's attorneys claim that he never entered into a written
contact with National Collegiate. The suit seeks up to $1,000 in
statutory damages for each alleged violation of the FDCPA and the
Rosenthal Fair Debt Collection Practices Act. Zoerb is also
seeking attorneys' fees and litigation costs.
Ms. Zoerb is represented by Crosby S. Connolly, Robert L. Hyde and
Joshua B. Swigart of Hyde & Swigart.
The case is Dawn Zoerb et al. v. National Collegiate Student Loan
Trust et al., case number 3:14-cv-00468, in the U.S. District
Court for the Southern District of California.
NATIONWIDE MUTUAL: Removed "Willis" Class Suit to W.D. Arkansas
---------------------------------------------------------------
The class action lawsuit titled Willis, et al. v. Nationwide
Mutual Insurance Company, et al., Case No. 46CV-13-308-2, was
removed from the Miller County Circuit Court to the U.S. District
Court for the Western District of Arkansas (Texarkana). The
District Court Clerk assigned Case No. 4:14-cv-04024-SOH to the
proceeding. The lawsuit asserts insurance-related claims.
The Plaintiffs are represented by:
D. Matt Keil, Esq.
John C. Goodson, Esq.
KEIL & GOODSON
P.O. Box 618
406 Walnut Street
Texarkana, AR 75504-0618
Telephone: (870) 772-4113
Facsimile: (870) 773-2967
E-mail: mkeil@kglawfirm.com
jcgoodson@kglawfirm.com
- and -
Stevan Earl Vowell, Esq.
Timothy J. Myers, Esq.
W.H. Taylor, Esq.
William B. Putman, Esq.
TAYLOR LAW FIRM
303 East Millsap Road
P.O. Box 8310
Fayetteville, AR 72703
Telephone: (479) 443-5222
Facsimile: (479) 443-7842
E-mail: svowell@taylorlawpartners.com
tmyers@taylorlawpartners.com
whtaylor@taylorlawpartners.com
wbputman@taylorlawpartners.com
- and -
A.F. (Tom) Thompson, III, Esq.
Kenneth (Casey) Castleberry, Esq.
MURPHY, THOMPSON, ARNOLD, SKINNER & CASTLEBERRY
P. O. Box 2595
1141 East Main Street, Suite 300
Batesville, AR 72503
Telephone: (870) 793-3821
Facsimile: (870) 793-3815
E-mail: aftomt2001@yahoo.com
caseycastleberry2003@yahoo.com
- and -
R. Martin Weber, Jr., Esq.
Richard E. Norman, Esq.
CROWLEY NORMAN LLP
Three Riverway, Suite 1775
Houston, TX 77056
Telephone: (713) 651-1771
Facsimile: (713) 651-1775
E-mail: mweber@crowleynorman.com
rnorman@crowleynorman.com
- and -
Stephen C. Engstrom, Esq.
WILSON, ENGSTROM, CORUM & COULTER
200 South Commerce, Suite 600
P.O. Box 71
Little Rock, AR 72203
Telephone: (501) 375-6453
E-mail: stephen@wecc-law.com
The Defendants are represented by:
Lyn Peeples Pruitt, Esq.
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD
425 West Capitol Ave., Suite 1800
Little Rock, AR 72201-3525
Telephone: (501) 688-8800
Facsimile: (501) 688-8807
E-mail: lpruitt@mwlaw.com
NEW FLYER: Recalls 29 Buses Due to Incorrect ECU Programming
------------------------------------------------------------
Starting date: March 4, 2014
Type of communication: Recall
Subcategory: Bus
Notification type: Safety Mfr
System: Engine
Units affected: 29
Source of recall: Transport Canada
Identification number: 2014065
TC ID number: 2014065
Manufacturer recall
number: 14E-003
On certain vehicles equipped with Cummins compressed natural gas
engines, incorrect engine ECU programming could cause the exhaust
system temperature to become elevated during cold weather
operation. This could also cause flames to be emitted from the
exhaust. As a result, nearby combustible material could be
ignited, increasing the risk of a fire, injury and/or damage to
property.
Authorized Cummins service facilities will update software
programming.
Affected products:
Maker Model Model year(s) affected
----- ----- ----------------------
NEW FLYER C40LFR 2012
NEW FLYER XN40 2012, 2013
NII HOLDINGS: Labaton Sucharow Files Class Action in Virginia
-------------------------------------------------------------
Labaton Sucharow LLP filed a class action lawsuit on March 4, 2014
in the U.S. District Court for the Eastern District of Virginia.
The lawsuit was filed on behalf of all persons or entities who
between February 25, 2010 and February 27, 2014, inclusive,
purchased or otherwise acquired the securities of NII Holdings,
Inc., including debt securities due in 2021 and paying interest at
a rate of 7.625 percent per year issued by NII's wholly-owned
subsidiary, NII Capital Corp. pursuant to offerings on or around
March 25, 2011 and December 5, 2011.
If you purchased or acquired NII or NII Capital securities during
the Class Period as defined above, you are a member of the "Class"
and may be able to seek appointment as Lead Plaintiff. Lead
Plaintiff motion papers must be filed with the U.S. District Court
for the Eastern District of Virginia no later than May 5, 2014. A
lead plaintiff is a court-appointed representative for absent
members of the Class. You do not need to seek appointment as lead
plaintiff to share in any Class recovery in this action. If you
are a Class member and there is a recovery for the Class, you can
share in that recovery as an absent Class member. You may retain
counsel of your choice to represent you in this action.
If you would like to consider serving as lead plaintiff or have
any questions about this lawsuit, you may contact Rachel A. Avan,
Esq. of Labaton Sucharow LLP, at (800) 321-0476 or (212) 907-0709,
or via email at ravan@labaton.com
If you are a member of the Class, you can view a copy of the
complaint and join this class action online at
http://www.labaton.com/en/cases/Newly-Filed-Cases.cfm
NII is a telecommunications company based in Reston, Virginia.
Through subsidiaries and operating businesses, NII operates
wireless voice and data networks in Mexico, Brazil, and other
countries in Latin America under the NextelTM brand.
The complaint charges NII, NII Capital, and certain of their
officers and directors with violations of Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934, and U.S. Securities and
Exchange Commission Rule 10b-5 promulgated thereunder. The
complaint alleges that certain Defendants made false and
misleading statements and concealed material information relating
to the Company's declining business, financial state, and future
prospects. Specifically, Defendants caused NII and NII Capital
securities to trade at artificially inflated prices by improperly
concealing the Company's failing efforts to modernize its
telecommunications network and maintain and grow its subscriber
base.
Additionally, the complaint alleges that NII, NII Capital, certain
of their officers and directors, and certain of the underwriters
of the Offerings violated Sections 11, 12(a)(2), and 15 of the
Securities Act of 1933. The complaint alleges that certain
Defendants made false and misleading statements and failed to
disclose material adverse information in offering documents filed
with the U.S. Securities and Exchange Commission in connection
with the issuance of $1.45 billion of NII Capital Notes in March
and December 2011.
The complaint alleges that NII slowly revealed its true prospects
through a series of disclosures. As a result of those
revelations, NII's stock price fell 97.46 percent from its Class
Period-high closing price, and the market price of the Notes
declined 64.87 percent from their Class Period-high closing price.
The plaintiffs are represented by Labaton Sucharow LLP --
http://www.labaton.com-- which represents many of the largest
pension funds in the United States and internationally with
collective assets under management of more than $2 trillion. With
nearly 60 full-time attorneys, the Firm's litigation reputation is
built on its in-house team of investigators, financial analysts,
and forensic accountants. Offices are located in New York, NY and
Wilmington, DE.
NISSAN: Recalls NV200 Light Trucks Due to Incorrect Tire Info
-------------------------------------------------------------
Starting date: February 26, 2014
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Safety Mfr
System: Label
Units affected: 1047
Source of recall: Transport Canada
Identification number: 2014059
TC ID number: 2014059
Certain vehicles may not comply with the requirements of Canada
Motor Vehicle Safety Standard 110 - Tire Selection and Rims. The
Tire and Loading Information label may contain misspelled words in
French.
Owners will be supplied with a revised Tire and Loading
Information Label and installation instructions. Owners may also
have the label installed by a dealer.
Affected products: 2014 NV200 NISSAN
NORTH AMERICAN BANCARD: Faces Class Action Over Harassment
----------------------------------------------------------
Ben Hart, writing for The West Virginia Record, reports that a
West Virginia woman is suing a telemarketer, claiming harassment.
Diana Mey filed a class action complaint Feb. 19 on behalf of
herself and all other people that have experienced the same
harassment in Raleigh Circuit Court against North American Bancard
LLC, citing violations of Telephone Consumer Protection Act. Ms.
Mey claims even though her cell phone number is listed on the
national Do Not Call Registry, the defendant called Ms. Mey on
Jan. 21. The suit claims the defendant attempted to have Ms. Mey
sign up for their credit card processing service. According to
the claim, the defendants have received multiple complaints since
October about illegal telemarketing calls and have failed to take
the steps to fix this issue.
Ms. Mey is requesting the defendant be restrained from future
telemarketing violations, the defendant be restrained from
destroying or altering records needed for the case, damages for
Ms. Mey and all class members be awarded damages of $500 for each
negligent violation and $1,500 for each known violation.
Ms. Mey is being represented by Charleston attorneys John W.
Barrett and Jonathan Marshall of Bailey and Glasser LLC, Boston
attorneys Edward A. Broderick and Anthony Paronich of Broderick
Law P.C. and Massachusetts attorney Matthew P. McCue of The Law
Office of Matthew P. McCue.
Northern District of West Virginia case number 5:14-cv-22
NUTRAMAX LABORATORIES: "Boorman" Suit Transferred to Maryland
-------------------------------------------------------------
The class action lawsuit titled Boorman v. Nutramax Laboratories,
Inc., et al., Case No. 1:13-cv-07251, was transferred from the
U.S. District Court for the Southern District of New York to the
U.S. District Court for the District of Maryland (Baltimore). The
Maryland District Court Clerk assigned Case No. 1:14-cv-00098-JFM
to the proceeding.
O'FLYNN ENTERPRISES: Sued for Not Paying Non-Exempt Employees OT
----------------------------------------------------------------
Aldo Olivera-Bonilla, Tomas Jacobo, Alfonso Jimenez Ramirez, and
Bernardino Morales Pliego, on behalf of themselves and others
similarly situated v. O'Flynn Enterprises LLC, dba Le Grainne
Cafe, Grainne O'Flynn, and Danielle O'Flynn, Case No. 1:14-cv-
00498-KPF (S.D.N.Y., January 27, 2014) alleges violations of the
Fair Labor Standards Act and the New York Labor Law, arising from
the Defendants' alleged failure to pay non-exempt employees
overtime compensation.
O'Flynn Enterprises LLC, doing business as Le Grainne Cafe, is a
New York domestic limited liability company, with a principal
place of business in New York. The Individual Defendants are
owners, officers, directors or managing agents of the Company.
The Plaintiffs are represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue - 6th Floor
New York, NY 10017
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
E-mail: jcilenti@jcpclaw.com
pcooper@jcpclaw.com
The Defendants are represented by:
Mitchel B. Craner, Esq.
1 Rockefeller Plaza
New York, NY 10020
Telephone: (212) 218-5660
Facsimile: (212) 218-5653
E-mail: mbcraner@aol.com
OPS AMERICA: Recalls Air Movers Due to Fire Hazard
--------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
OPS America, of Loretto, Minn., announced a voluntary recall of
2,800 air movers/blowers. Consumers should stop using this
product unless otherwise instructed. It is illegal to resell or
attempt to resell a recalled consumer product.
The air mover/blower's thermal switch can fail and cause the motor
to overheat, posing a fire hazard.
Packaging Tape is aware of eight reports of incidents, including
four reports of fire, one of which was associated with about
$225,000 reported in property damage.
The recall involves air movers/blowers that are used to dry floors
in commercial and residential buildings. The air movers' molded
plastic housing measures about 18 inches high by 18 inches deep by
16.5 inches wide and has a 25-foot yellow electrical cord. They
have an on/off switch located on the left side of the front of the
unit. Models OPS-2500-CF and OPS-2500-CFR are black and model OPS-
2200Y-CF is yellow. The model number is available on the sales
invoice. The CleanFreak.com logo and phone number are printed on
a white label with green lettering on the front of the unit and on
a silver or yellow label on the back of the unit.
Pictures of the recalled products are available at:
http://is.gd/O6uU95
The recalled products were manufactured in China and sold at
Packaging Tape warehouses in Wisconsin and online at
http://www.CleanFreak.com,http://www.AirMovers.com,
http://www.FloorBuffers.comand http://www.PTIPackaging.comfrom
February 2008 through December 2010 for about $145.
User should stop using the recalled air movers/blowers and contact
Packaging Tape to receive a full refund.
ORO VERDE: Local Delivery Driver Wants to Recover Overtime Wages
----------------------------------------------------------------
Terrick Woodson, Individually and On Behalf of All Others
Similarly Situated v. Oro Verde Enterprises, Inc. d/b/a Data Rush
d/b/a Data Rush Parts Delivery d/b/a Data Rush Couriers and Data
Rush Logistics, Inc. d/b/a Data Rush d/b/a Data Rush Parts
Delivery d/b/a Data Rush Couriers, Case No. 4:14-cv-00183 (S.D.
Tex., January 27, 2014) is brought on behalf similarly situated
employees to recover unpaid overtime wages from the Defendants.
Oro Verde Enterprises, Inc. is a Texas corporation. Data Rush
Logistics, Inc. is a Texas corporation. Data Rush is a courier
service. Data Rush employed Woodson as a local delivery driver
from approximately April 2011 through the present.
The Plaintiff is represented by:
Melissa Moore, Esq.
Curt Hesse, Esq.
MOORE & ASSOCIATES
Lyric Center
440 Louisiana Street, Suite 675
Houston, TX 77002
Telephone: (713) 222-6775
Facsimile: (713) 222-6739
E-mail: melissa@mooreandassociates.net
curt@mooreandassociates.net
OVERLOOK AT MILE HIGH: Terminates Leases Over Asbestos Exposure
---------------------------------------------------------------
Lindsay Watts, writing for 9News, reports that residents of a
Denver apartment complex forced out after asbestos was discovered
have been told they can't go back, their leases are terminated,
and they won't see some of their belongings ever again.
Asbestos was exposed during construction inside two buildings at
the Overlook at Mile High Apartments, near Colfax Avenue and
Irving Street, in mid-February. The dozens of residents impacted
said management told them they had a few hours to leave, that
hotels would be paid for, and to pack like they were going on a
three week vacation.
They got a letter from management saying the building still isn't
safe and all "soft goods," like clothing, linens and upholstered
furniture will be thrown away.
"I'm a little stunned. I don't think it's totally settled in yet
that I probably won't be able to get any of my stuff back or that
I'm going to have to move into a new place," said resident
Brad Galli. "There's a lady who's a former Denver Broncos
cheerleader who has all of her old memorabilia from those days in
her apartment."
The letter from Overlook management says representatives will
contact residents "to discuss compensation" for lost items, and
that it's unknown when items deemed safe could be returned.
Chris and Brigette Rodriguez paid for their son, a college
student, to live at the apartments.
"Our main concern is the health issue," said Chris. "Our son may
have been exposed to asbestos."
They, and other residents, told 9NEWS that Overlook management has
disappointed them.
"We can't get straight answers and they seem to change," Chris
said. "And now they're being real evasive."
Management at the Overlook office and WillMax corporate office
refused to return 9NEWS requests for information. On March 8, we
found managers at a Denver hotel where they were refunding paid
rent and security deposits. After encountering an employee who
said she'd be right back, a hotel worker relayed this: "A message
from upstairs from the ladies at the Overlook. At this time,
they're declining any interviews. They do not wish to speak with
you."
The Colorado Department of Public Health and Environment said the
apartment complex is complying with state regulations.
"The property management has retained two certified general
abatement contractors that are performing abatement services in
accordance with regulation in the two buildings that were
disturbed," said Christopher Dann, with the Air Pollution Control
Division. "Sampling and abatement are occurring in these two
buildings because of the recent activities that disturbed
asbestos-containing materials."
P.B. SCHOOL: Sued by Cosmetology Students Over Unpaid Wages
-----------------------------------------------------------
Christina Cinelli and Gregory McConnell, on behalf of themselves
and all others similarly situated v. P.B. School of Beauty
Culture, Inc., (d/b/a "PB Cosmetology Education Centre" and also
d/b/a "PB Cosmetology Student Salow); and Colleen M. Connelly,
Case No. 1:14-cv-00548-RMB-KMW (D.N.J., January 27, 2014) is
brought on behalf all cosmetology students at PB Cosmetology
Education Centre in New Jersey between January 27, 2012, and the
present.
The Plaintiffs and the other members of the proposed class are or
were cosmetology students at the Defendants' beauty school, who
were required by the Defendants to perform numerous hours of work
at a for-profit beauty salon also operated by Defendants in New
Jersey, under factual circumstances that created an employee-
employer relation between these students and the Defendants, and
required that the Plaintiffs and the class be paid wages for the
work under well established federal and New Jersey state law.
P.B. School of Beauty Culture Inc., doing business as "PB
Cosmetology Education Centre" and also doing business as "PB
Cosmetology Student Salon" is a New Jersey corporation with its
principal place of business located in Gloucester City, New
Jersey. Colleen M. Connelly is the director, managing officer,
owner and principal of PB Cosmetology.
The Plaintiffs are represented by:
Stephen P. DeNittis, Esq.
Joseph A. Osefchen, Esq.
Shane T. Prince, Esq.
DENITTIS OSEFCHEN, P.C.
5 Greentree Centre
525 Route 73 North, Suite 302
Marlton, NJ 08053
Telephone: (856) 797-9951
Facsimile: (856) 797-9978
E-mail: sdenittis@denittislaw.com
- and -
Leon Greenberg, Esq.
2965 South Jones Boulevard #E-4
Las Vegas, NV 89146
Telephone: (702) 383-6369
E-mail: dana@overtimelaw.com
The Defendants are represented by:
William P. McLane, Esq.
Lauren Jill Marcus, Esq.
LITTLER MENDELSON, PC
One Newark Center, Eighth Floor
Newark, NJ 07102
Telephone: (973) 848-4700
Facsimile: (973) 643-5626
E-mail: wmclane@littler.com
lmarcus@littler.com
PACCAR: Recalls 2014 PETERBILT Truck Due to Needed Repairs
----------------------------------------------------------
Starting date: March 4, 2014
Type of communication: Recall
Subcategory: Truck - Med. & H.D.
Notification type: Compliance Mfr
System: Lights And Instruments
Units affected: 1
Source of recall: Transport Canada
Identification number: 2014061
TC ID number: 2014061
Manufacturer recall
number: 1213H
Certain vehicles may not comply with the requirements of Canada
Motor Vehicle Safety Standard 101 - Controls and Displays. The
automatic transmission control position is not illuminated and may
not be visible to the operator. This could result in unintended
vehicle movement, increasing the risk of injury and/or damage to
property.
Dealers will affect repairs.
Affected products: 2014 PETERBILT 579
PELHAM, AL: Settles Portion of Firefighters' Class Action
---------------------------------------------------------
Neal Wagner, writing for Shelby County Reporter, reports that
Pelham will pay $30,000 to settle a portion of a class-action
lawsuit brought against the city in 2010 by a group of Pelham
firefighters, after the Pelham City Council voted to approve the
settlement during a March 3 meeting.
The council voted unanimously to approve the settlement one day
before the lawsuit was scheduled to go to trial in U.S. District
Court before District Court Judge Madeline Haikala. Because
portions of the lawsuit were not settled as of March 3, the case
was still scheduled to go to trial on March 4 in Birmingham.
The lawsuit, which since has become a class-action suit, was filed
against Pelham in May 2010, and claimed Pelham violated the Fair
Labor Standards Act of 1938 and the Pelham civil service law by
allegedly not properly compensating the firefighters for overtime
worked.
The original lawsuit was filed by current firefighters Kenneth
Camp, Todd McCarver, Patrick Smith and Stephen Kiel and retired
firefighter Randall Bearden.
In February, the City Council voted to pay $170,000 to settle the
Fair Labor Standards Act portion of the lawsuit, leaving the
alleged civil service law portion remaining.
The settlement approved by the City Council on March 3 dealt with
alleged holiday pay violations claimed in the lawsuit.
"This was one of the three remaining issues we still had left in
the lawsuit," City Council President Rick Hayes said during a
March 3 interview, noting the settlement came as a result of
mediation between the two sides of the lawsuit.
The Pelham City Council's Nov. 4, 2013, meeting agenda originally
included a resolution to reject a proposed memorandum of
understanding to settle the lawsuit for $610,000, but the item was
removed from the agenda before the meeting and has not yet been
voted on.
On Dec. 2, Birmingham Attorney Inge Johnstone, an attorney for the
plaintiffs in the lawsuit, filed a motion claiming the city
negotiated the memorandum of understanding "in bad faith, knowing
that the mayor and the city's lawyers did not have the authority
to agree to a settlement on behalf of the city, and had no idea
whether the terms they agreed to would be approved or not." He
asked the court to enforce the proposed memorandum of
understanding.
On Dec. 6, the city's attorneys filed a motion asking the court to
strike Mr. Johnstone's motion, and claimed Mr. Johnstone sought to
undermine the city's right to a fair by issuing a press release
regarding the case on Dec. 2.
Judge Haikala did not act on either motions during the Dec. 13
hearing, and instead sent the case to a jury trial.
PFIZER INC: Faces "Moore" Suit in West Virginia Over Lipitor Drug
-----------------------------------------------------------------
Edna Moore, 321 Dawson Road, Morgantown, West Virginia 26501 v.
Pfizer Inc., 235 East 42nd Street, New York, New York 10017, Case
No. 1:14-cv-00017-IMK (N.D. W. Va., January 27, 2014) is an action
for damages suffered by the Plaintiff as a proximate result of the
Defendant's alleged negligent and wrongful conduct in connection
with the design, testing, and labeling, of Lipitor (also known
chemically as Atorvastatin Calcium).
Lipitor is prescribed to reduce the amount of cholesterol and
other fatty substances in the blood.
Pfizer Inc. is a Delaware corporation headquartered in New York.
Pfizer produces, manufactures, distributes, advertises, promotes,
supplies, and sells Lipitor to distributors and retailers for
resale to physicians, hospitals, pharmacies, and medical
practitioners.
The Plaintiff is represented by:
Thomas G. Wilson, Esq.
WILSON LAW OFFICES, PLLC
120 Capitol Street
Charleston, WV 25301
Telephone: (304) 345-5508
Facsimile: (304) 345-5548
E-mail: tom@wilsonlawpllc.com
- and -
Brad Seidel, Esq.
NIX, PATTERSON & ROACH, L.L.P.
3600 N. Capital of Texas Highway
Building B, Suite 350
Austin, TX 78746
Telephone: (512) 328-5333
E-mail: bseidel@npraustin.com
The Defendant is represented by:
Erik W. Legg, Esq.
FARRELL WHITE & LEGG PLLC
914 Fifth Ave.
Huntington, WV 25701
Telephone: (304) 522-9100
Facsimile: (304) 522-9162
E-mail: ewl@farrell3.com
POM WONDERFUL: Seeks Dismissal of False Advertising Class Action
----------------------------------------------------------------
Amanda Bronstad, writing for National Law Journal, reports that
lawyers bringing a class of potentially tens of millions of
consumers who claim they were misled about the health benefits of
drinking pomegranate juice have no way to prove damages, attorneys
for POM Wonderful LLC told a federal judge on March 3.
POM's attorneys moved to decertify the nationwide class of
consumers based on recent U.S. Supreme Court precedent and the
asserted failure of plaintiffs attorneys to establish a valid
damages model 1 1/2 years after certification.
"If you didn't see the allegedly false ad, there's no conceivable
way you could be injured," said T. Robert Scarborough --
tscarborough@sidley.com -- a partner at Chicago's Sidley Austin.
But plaintiffs lawyer Behram Parekh -- bvp@KirtlandPackard.com --
of counsel at Los Angeles-based Kirtland & Packard, argued that
consumers would not have paid so much for POM's juice but for the
alleged misrepresentations that it prevents heart disease,
erectile dysfunction and certain cancers.
Although he didn't rule on POM's motion, U.S. District Judge Dean
Pregerson appeared skeptical that the plaintiffs could establish
that class members bought the juice only for its various health
benefits -- as opposed to its taste, color, location on the shelf
or other reasons. Judge Pregerson asked both sides whether class
certification was the appropriate stage in a case to consider how
a potential claims process would even work.
The class action, filed under California's consumer laws, is one
of several court battles that POM faces over its health claims.
On Sept. 28, 2012, Judge Pregerson certified a class of consumers
who purchased POM's juice between October 2005 and September 2010.
POM moved to decertify the class on Nov. 8 based on the U.S.
Supreme Court's Comcast v. Behrend decision on March 27 of last
year. In that case, the high court decertified an antitrust class
action because its damages model wasn't sufficient.
POM specifically challenged two plaintiffs theories on damages:
One would provide full refunds to class members exposed to
allegedly misleading advertisements, while the other centered on
the "premium" price that consumers paid based on those
advertisements.
Calling the premium price model "eighth grade math,"
Mr. Scarborough argued that the price of POM's juice was due to
higher costs of production and marketing, not the claims in its
advertisements. He also criticized the plaintiffs' assumption
that all class members would have been exposed to its ads or
purchased POM's juice because of them.
Mr. Parekh countered that POM's principals, Stewart and Lynda
Resnick, created the entire market for pomegranate juice through
its advertising campaign.
"This is a product that did not exist for sale in the United
States until POM started marketing it," he said.
He disagreed on Pom's interpretation of Comcast and defended both
damages models. The premium price model, for instance, compares
how much POM could have sold its juice for absent the health
claims.
In addition to the class action, POM is set to make oral arguments
on April 21 before the U.S. Supreme Court in a case against The
Coca-Cola Co., whose Minute Maid subsidiary marketed a pomegranate
flavored juice, in which U.S. District Judge S. James Otero in Los
Angeles found POM's federal trademark infringement claims were
precluded by the U.S. Food, Drug and Cosmetic Act.
PREVOST: Recalls 20 H3-45 COACH Buses Due to Battery Cable Defect
-----------------------------------------------------------------
Starting date: March 4, 2014
Type of communication: Recall
Subcategory: Bus
Notification type: Safety Mfr
System: Electrical
Units affected: 20
Source of recall: Transport Canada
Identification number: 2014062
TC ID number: 2014062
Manufacturer recall
number: SR14_10
On certain vehicles, a defective battery cable could cause
unexpected engine shutdown and a loss of motive power. This could
increase the risk of a crash causing injury and/or damage to
property.
Dealers will inspect and, if necessary, replace affected battery
cables.
Affected products: 2014 PREVOST H3-45 COACH
PREVOST: Recalls 34 X3-45 Coach Due to Internal Short Circuit
-------------------------------------------------------------
Starting date: February 25, 2014
Type of communication: Recall
Subcategory: Bus
Notification type: Safety Mfr
System: Electrical
Units affected: 34
Source of recall: Transport Canada
Identification number: 2014056
TC ID number: 2014056
Manufacturer recall
number: SR14-12
On certain coaches equipped with Sure Power DC/DC convertors, the
convertors could develop an internal short circuit, resulting in a
risk of overheating, smoke and/or fire. This may result in
property damage and/or personal injury.
Owners will be supplied with replacement parts and instructions on
how to affect repairs.
Affected products: 2008, 2009, 2010 PREVOST X3-45 COACH
QUALITY NATURAL: Recalls Candy Due to Undeclared Sulphites
----------------------------------------------------------
Starting date: February 26, 2014
Type of communication: Recall
Alert sub-type: Allergy Alert
Subcategory: Allergen - Sulphites
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Quality Natural Foods Canada Inc.
Distribution: National
Extent of the product
distribution: Retail
CFIA reference number: 8659
Affected products: 350 g. Quality Ram Paan Sugar Candy or Ram Pan
Candy with 6 85441 00945 6 UC
SAREPTA THERAPEUTICS: Faces "Corban" Securities Suit in Mass.
-------------------------------------------------------------
Mark A. Corban, Individually and on Behalf of All Others Similarly
Situated v. Sarepta Therapeutics, Inc., Chris Garabedian, Sandy
Mahatme, and Ed Kaye, Case No. 1:14-cv-10201-MBB (D. Mass.,
January 27, 2014) is a federal securities class action on behalf
of a class consisting of all persons, other than Defendants, who
purchased Sarepta securities during the period beginning July 24,
2013, through November 12, 2013, seeking to recover damages caused
by the Defendants' alleged violations of the federal securities
laws.
Sarepta is an Oregon corporation with its principal executive
offices located in Cambridge, Massachusetts. Sarepta describes
itself as a biopharmaceutical company focused on the discovery and
development of unique RNA-based therapeutics for the treatment of
rare and infectious diseases. The Individual Defendants are
directors and officers of the Company.
The Plaintiff is represented by:
Alan L. Kovacs, Esq.
LAW OFFICE OF ALAN L. KOVACS
257 Dedham Street
Newton, MA 02461
Telephone: (617) 964-1177
Facsimile: (617) 332-1223
E-mail: alankovacs@yahoo.com
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
The Defendants are represented by:
Christopher G. Green, Esq.
ROPES & GRAY - MA
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
Telephone: (617) 951-7000
Facsimile: (617) 951-7050
E-mail: cgreen@ropesgray.com
- and -
Alexia R. De Vincentis, Esq.
AMERICAN CIVIL LIBERTIES UNION
211 Congress Street
Boston, MA 02110
Telephone: (617) 482-3170
E-mail: alexia.devincentis@ropesgray.com
SPINELLI'S PIZZA: Accused of Failing to Pay Overtime Compensation
-----------------------------------------------------------------
Adrian Ramos-Villada, on behalf of himself, and others similarly
situated v. Spinelli's Pizza, Inc., and Karl Sudakoff, Case No.
1:14-cv-00497-KBF (S.D.N.Y., January 27, 2014) alleges, that
pursuant to the Fair Labor Standards Act, the Plaintiff is
entitled to recover from the Defendants: (1) unpaid overtime
compensation; (2) liquidated damages; (3) prejudgment and post-
judgment interest; and (4) attorneys' fees and costs.
Adrian Ramos-Villada was employed by the Defendants in New York
County, New York, to work as a kitchen worker, cook and food
preparer, at the Defendants' restaurants known as "Spinelli's
Pizza," and "Gyro II" (both located at the same address), from
1999 through January 16, 2014.
Spinelli's Pizza, Inc., is a New York domestic business
corporation with a principal place of business in New York. Karl
Sudakoff owns the stock of Spinelli's Pizza, Inc., and manages and
makes all business decisions.
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue - 6th Floor
New York, NY 10017
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
E-mail: jcilenti@jcpclaw.com
pcooper@jcpclaw.com
The Defendants are represented by:
Samuel Ahne, Esq.
1220 Broadway
New York, NY 10001
Telephone: (212) 594-1035
Facsimile: (212) 967-1001
E-mail: samuelahne@gmail.com
TAYLOR FARMS: Expands Recalls of Broccoli Salad Kit Products
------------------------------------------------------------
Taylor Farms Maryland, Inc. in Jessup, Md. and Taylor Farms Texas
Inc. in Dallas are recalling approximately 22,849 pounds of
broccoli salad kit products due to concerns about possible
Listeria monocytogenes contamination in the salad dressing, the
U.S. Department of Agriculture's Food Safety and Inspection
Service (FSIS) announced. The salad dressing in the packets is
the subject of a Food and Drug Administration (FDA) recall (see
items DRSG. BROCCOLI RESER 18/18z).
The salad kits were shipped to distributors and retail locations
(delis) for consumer purchase in Maryland, Massachusetts, New
Jersey, New York, Pennsylvania, Texas and Virginia. The company
is recalling these products in addition to the 5,084 pounds of
similar products that were recalled on Oct. 25, 2013.
The products listed below are being recalled as part of this
expansion:
-- 6.06-lb. boxes labeled "TAYLOR FARMS BROCCOLI CRUNCH WITH
BACON AND DRESSING" with the case code 310151, produced on
Oct. 14 through Oct. 24, 2013.
-- 12.13-lb. boxes labeled "TAYLOR FARMS BROCCOLI CRUNCH WITH
BACON AND DRESSING" with the case code 310153, produced
Oct. 14 through Oct. 24, 2013.
-- 6.33-lb boxes labeled "Kit, Broc PPC" with case code
5900067, produced Oct. 15 through Oct. 20, 2013.
The products listed below were announced as part of the recall on
Oct. 25, 2013:
-- 6.06-lb. boxes labeled "TAYLOR FARMS BROCCOLI CRUNCH WITH
BACON AND DRESSING" with the case code 310151, produced on
Oct. 21 and Oct. 22, 2013.
-- 12.13-lb. boxes labeled "TAYLOR FARMS BROCCOLI CRUNCH WITH
BACON AND DRESSING" with the case code 310153, produced
Oct. 21 through Oct. 23, 2013.
Case labels bear the establishment number "EST. 34522" or "EST.
34733" inside the USDA mark of inspection. Retail consumers and
the general public will not typically see the boxes and labels,
because the product is typically unboxed by retailers (such as
deli counters and restaurants) and the kit used to make salads for
retail sale. The boxes and labels would be more likely to be seen
by distributors and retailers.
Taylor Farms informed FSIS that salad dressing subject to an FDA
recall was contained in the salad kits produced on the dates
listed above. FSIS, FDA and the company have received no reports
of illnesses associated with consumption of these products.
Anyone concerned about an illness should contact a healthcare
provider.
Consumption of food contaminated with L. monocytogenes can cause
listeriosis, a serious infection that primarily affects older
adults, persons with weakened immune systems, and pregnant women
and their newborns. Less commonly, persons outside these risk
groups are affected.
Listeriosis can cause fever, muscle aches, headache, stiff neck,
confusion, loss of balance and convulsions sometimes preceded by
diarrhea or other gastrointestinal symptoms. An invasive
infection spreads beyond the gastrointestinal tract. In pregnant
women, the infection can cause miscarriages, stillbirths,
premature delivery or life-threatening infection of the newborn.
In addition, serious and sometimes fatal infections in older
adults and persons with weakened immune systems. Listeriosis is
treated with antibiotics. Persons in the higher-risk categories
who experience flu-like symptoms within two months after eating
contaminated food should seek medical care and tell the health
care provider about eating the contaminated food.
FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers. When available, the retail distribution
list(s) will be posted on the FSIS website at:
http://www.fsis.usda.gov/recalls
Media and consumers with questions regarding the recall should
contact Taylor Farms Customer Services at 866-508-7048 between the
hours of 9-5 Pacific Time.
Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov.
The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-
888-674-6854) is available in English and Spanish and can be
reached from l0 a.m. to 4 p.m. (Eastern Time) Monday through
Friday. Recorded food safety messages are available 24 hours a
day. The online Electronic Consumer Complaint Monitoring System
can be accessed 24 hours a day at:
http://www.fsis.usda.gov/reportproblem
TARGET CORP: Faces Additional Suit in Minnesota Over Data Breach
----------------------------------------------------------------
Jim Thorpe Neighborhood Bank, Plaintiff, Individually and on
behalf of all others similarly situated v. Target Corporation,
Case No. 0:14-cv-00254-PAM-JJK (D. Minn., January 27, 2014) arises
from the data security breach at Minneapolis-based retailer
Target.
The Plaintiff is represented by:
Karl L. Cambronne, Esq.
Jeffrey D. Bores, Esq.
Bryan L. Bleichner, Esq.
Gary K. Luloff, Esq.
CHESTNUT CAMBRONNE PA
17 West Washington Avenue North, Suite 300
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: kcambronne@chestnutcambronne.com
jbores@chestnutcambronne.com
bbleichner@chestnutcambronne.com
gluloff@chestnutcambronne.com
- and -
Howard J. Sedran, Esq.
Austin B. Cohen, Esq.
Keith J. Verrier, Esq.
LEVIN, FISHBEIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, Pa 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: hsedran@lfsblaw.com
acohen@lfsblaw.com
kverrier@lfsblaw.com
- and -
Paul A. Adams, Esq.
Marc G. Tarlow, Esq.
SHUMAKER WILLIAMS, P.C.
P.O. Box 88
Harrisburg, PA 17108
Telephone: (717) 763-1121
Telecopier: (717) 763-7419
E-mail: adams@shumakerwilliams.com
tarlow@shumakerwilliams.com
- and -
Roberta D. Liebenberg, Esq.
Ria C. Momblanco, Esq.
FINE, KAPLAN & BLACK
1 South Broad Street, Suite 2300
Philadelphia, PA 19107
Telephone: (215) 567-6565
Facsimile: (215) 568-5872
E-mail: rliebenberg@finekaplan.com
rmomblanco@finekaplan.com
- and -
Brian C. Gudmundson, Esq.
J. Gordon Rudd, Jr., Esq.
ZIMMERMAN REED, PLLP
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: brian.gudmundson@zimmreed.com
gordon.rudd@zimmreed.com
The Defendant is represented by:
Michael A. Ponto, Esq.
Wendy J. Wildung, Esq.
FAEGRE BAKER DANIELS LLP
90 S 7th St., Suite 2200
Minneapolis, MN 55402-3901
Telephone: (612) 766-7000
Facsimile: (612) 766-1600
E-mail: michael.ponto@FaegreBD.com
wendy.wildung@faegrebd.com
TEKTRO USA: Recalls Bicycle Mechanical Disc Brake Calipers
----------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Tektro USA/TRP, of Ogden, Utah, announced a voluntary recall of
about 2,000 Spyre and Spyre SLC dual-piston mechanical disc brake
calipers. Consumers should stop using this product unless
otherwise instructed. It is illegal to resell or attempt to
resell a recalled consumer product.
The brake cable actuator arm can over-rotate, dislocating parts,
causing the brake calipers to fail. Lack of brakes results in
loss of control and a crash hazard, posing a risk of injury to the
rider and others
Tektro USA/TRP has received one report of a brake caliper failing
in this manner. There have been no reports of injuries or
property damage.
The recall includes Spyre and Spyre SLC dual-piston mechanical
disc brake calipers sold as original and aftermarket equipment in
2013. Spyre calipers have a black anodized caliper body and a
silver actuator arm with "Spyre" on it. Spyre SLC calipers have a
polished aluminum caliper body and a black composite actuator arm
with "Spyre SLC" on it. Recalled calipers have a fastening screw
with a hollow six-pointed star-shaped head with no markings on it
and a 3 millimeter pad adjust screw on the outward side. The
recalled calipers were also sold as original equipment on bicycles
manufactured or distributed by BTI, Diamond Back Bicycles, Giant
Bicycles, Hans Johnson Co (HJC), Kona, Marin Bikes, Quality
Bicycle Products, Raleigh America
Pictures of the recalled products are available at:
http://is.gd/8DA247
The recalled products were manufactured in Taiwan and sold at
Retail bicycle shops nationwide and online at universalcycles.com,
tektro-usa.com and trpbrakes.com from April 2013 to December 2013
for about $90 for the Spyre caliper and about $110 for the Spyre
SLC caliper.
Consumers should immediately stop riding bikes equipped with the
recalled brake calipers and return the calipers to the original
place of purchase or Tektro USA/TRP for a free replacement with an
improved version.
TWIN-STAR INTERNATIONAL: Recalls Duraflame Electric Space Heaters
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Twin-Star International, of Delray Beach, Fla., announced a
voluntary recall of about 31,000 Duraflame electric space heaters.
Consumers should stop using this product unless otherwise
instructed. It is illegal to resell or attempt to resell a
recalled consumer product.
The heater can overheat and cause the units to melt, catch fire
and ignite nearby items, posing a fire and burn hazard to
consumers.
Twin-Star has received 32 reports of heaters burning or melting,
including eight reports of the units catching fire, one of which
resulted in minor property damage. No injuries have been
reported.
The recall involves Duraflame-branded electric space heaters,
model DFS-220, sold in three colors, black, red and white. The
heaters' flame effect resembles a fireplace and works with or
without heat. The heaters measure about 14.5-inches high,
13-inches wide and 8-inches deep. The on-off switch and the
high/low heat settings are located on the upper left back side of
the unit. The Duraflame logo appears on the front of the unit.
The model number can be found on a white label located on the
heater's back panel.
Pictures of the recalled products are available at:
http://is.gd/vQ0ziS
The recalled products were manufactured in China and sold at
Farmer's Furniture, Meijer, QVC, R.C. Willey, Ross and other
retailers nationwide and online at Maxtool.com between August 2013
through January 2014 for about $60.
Customers should immediately turn off and unplug the electric
space heater and contact Twin-Star for a full refund.
UNITIL: Plaintiffs Appeal Denial of Class-Action Certification
--------------------------------------------------------------
Paula J. Owen, writing for Telegram & Gazette, reports that it has
been a little more than five years since the 2008 ice storm that
left some residents in the dark for weeks, but memories of the
storm's impact remain vivid in the minds of some, including those
pursuing a class-action lawsuit against Unitil that is still
moving through the courts.
The lawsuit, filed by the Fitchburg law firm Bonville & Howard, is
on behalf of more than a dozen local residents alleging gross
negligence in the utility company's response to the storm. Those
suing are hoping for a favorable outcome on their appeal, which
was set for review at 9:00 a.m. on March 4 in Boston at the
Supreme Judicial Court, the state's highest court. They are
appealing the denial of their class-action certification in
January 2013 in Worcester Superior Court.
A judge must certify class-action lawsuits to show that the
plaintiffs are a class with similar grievances and that it is
impractical for them to sue individually.
Cathy J. Clark from Lunenburg, who helped form the group Get Rid
of Unitil, is one of the plaintiffs. She said she is just one
person representing 28,000 Unitil customers who struggled without
electricity -- and some without heat -- in the aftermath of the
December 2008 ice storm.
Ms. Clark said she feels good about the appeal and also about the
plaintiffs' earlier victory over Unitil's request to remove from
the lawsuit a provision to have the company dropped as the utility
for Ashby, Fitchburg, Lunenburg and Townsend -- though no
recommendation for what company would replace Unitil is named.
Unitil is appealing that decision as part of the March 4 SJC
review.
However, Unitil alleges that the suit lacks highly similar or
identical claims required for class-action certification and that
circumstances surrounding outages are unique to each customer.
"Class actions like the one proposed here involve a myriad of
individual inquiries like whether a fallen tree is the
responsibility of the customer, whether the storm would have
felled the tree even if trimmed properly, whether the electrical
circuitry was the responsibility of the customer, and arguably
whether an individual was exposed to any alleged deceptive
communication, to support class certification," Unitil says in its
filings.
"If the court reverses the lower court decision and certifies this
class, then every future storm will likely spawn dozens of
lawsuits against utility providers," it says.
Unitil says is the job of the state Department of Public
Utilities, which regulates electric utilities, to oversee how
utilities prepare for storms, manage vegetation and communicate
with customers.
"The DPU already acted in response to the issues caused by the
2008 ice storm," Unitil filings say. "The court should not permit
12 customers to interfere with that process, potentially causing
utilities providers to alter polices in response to the threat of
litigation rather than as the result of a coordinated, public
process."
ZLP MANUFACTURING: Recalls Hornet Zip Line Trolleys
---------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
ZLP Manufacturing, of Milwaukie, Ore., announced a voluntary
recall of about 2,000 LP Hornet zip line trolleys. Consumers
should stop using this product unless otherwise instructed. It is
illegal to resell or attempt to resell a recalled consumer
product.
The retaining pin can release and cause the two side plates of the
trolley to separate and fall off the zip line, posing a fall
hazard.
ZLP has received two reports of the trolley falling off a zip line
when the retaining pin released. No injuries have been reported.
The recall involves the ZLP Hornet zip line trolley. The trolley
has yellow, triangular side plates with ZLP Hornet cut into one of
the plates. There are rollers at two corners of the side plates
and a handle through the center with black handle grips. The
yellow side plates are held together by a T-shaped retaining pin.
The pin can be released by pushing a blue push-button on the end
of the pin.
Pictures of the recalled products are available at:
http://is.gd/Qt8VUe
The recalled products were manufactured in United States and sold
online at ZLP Manufacturing online at
http://www.zlpmanufacturing.comand
http://www.backyardziplines.comfrom November 2010 through July
2013 for about $150.
Consumers should immediately stop using the recalled trolleys and
contact ZLP manufacturing to receive a free repair kit containing
a replacement retaining pin.
* FDA Urges Drug Firms to Assess Cholesterol Drug Adverse Events
----------------------------------------------------------------
Joseph Walker and Jonathan D. Rockoff, writing for The Wall Street
Journal, report that the U.S. Food and Drug Administration has
become aware of cognitive adverse events related to a closely
watched group of experimental cholesterol drugs being developed by
large drug firms, Sanofi SA said in a regulatory filing on
March 7.
The FDA has asked Sanofi and Regeneron Pharmaceuticals Inc., which
are co-developing one of the drugs, known as PCSK9 inhibitors, to
assess the potential for their drug to cause neurocognitive
adverse events, Sanofi said, reiterating a similar disclosure
Regeneron made in a February filing.
Several other companies, including Amgen Inc. and Pfizer Inc., are
also developing PCSK9 inhibitors. Analysts and investors have
watched development of the drugs closely because of their
potential to treat millions of patients whose high cholesterol
isn't well controlled with statins.
Shares of Regeneron fell as much 11% on March 7, underscoring the
high expectations that many investors have placed on Regeneron and
Sanofi's drug. Regeneron shares won back some of their losses by
the end of the day, and were down 3% to $329.11 at the close of
regular trading. Shares of Amgen fell 1.55% to $122.26. American
depository shares of Sanofi fell 1.1% to $51.93.
In a phone interview on March 7, Regeneron Chief Executive Leonard
Schleifer said the FDA made the request of Sanofi and Regeneron in
February. The FDA also asked that the companies inform regulators
of the feasibility of including neurocognitive testing in at least
a subset of patients in one or more of their clinical trials,
according to the filings.
Dr. Schleifer said Regeneron and Sanofi haven't been informed of
the specific adverse events the FDA has observed. He said the
companies haven't seen any indication of such events in their
clinical studies. The drug Sanofi and Regeneron are developing,
alirocumab, is currently in late-stage clinical studies.
"We're not aware of any safety concern right now," Dr. Schleifer
said.
In an email, Sanofi spokesman Jack Cox said the company has "not
seen a neurocognitive adverse event (safety) signal in the
alirocumab data."
Currently approved treatments for high cholesterol called statins
include warnings about the potential for cognitive impairment,
including memory loss, amnesia and confusion. Dr. Schleifer said
he thought these were the types of adverse events the FDA might be
concerned about.
Kristen Davis, an Amgen spokeswoman, said in an emailed statement
that Amgen has been communicating with the FDA regarding reports
of neurocognitive adverse events related to PCSK9 drugs. Amgen
had previously reported amnesia and memory or mental impairment in
less than or equal to 1% of patients in a 52-week clinical study,
she said. "We will continue to monitor for these events
carefully," Ms. Davis said.
In a statement, Pfizer said that it wasn't aware of any
neurocognitive safety signals with its drug, bococizumab. "The FDA
has not sent us any request," a Pfizer spokeswoman said in an
email.
Regeneron first disclosed the FDA's interest in neurocognitive
adverse events in a February regulatory filing, but the disclosure
wasn't widely noticed at the time.
An FDA spokeswoman said the agency was aware of neurocognitive
adverse events tied to cholesterol drugs and was carefully
monitoring these events as part of its oversight of new drug
development. The agency said it couldn't discuss specific drug
development programs.
* Senate Vote on Oregon Class Action Bill
-----------------------------------------
Harry Esteve, writing for The Oregonian, reports that two
controversial bills were set to face potential do-or-die showdowns
at the Oregon Legislature on March 4.
Senate Bill 1531 would allow local regulations on medical
marijuana dispensaries, and Democrats disagree with Republicans
over how strict those regulations could be. House Bill 4143 would
change the rules for how unclaimed awards from class action
lawsuits are distributed. Most Democrats want the unclaimed
dollars to go to Legal Aid, instead of back to the corporation
that lost the lawsuit.
The House was scheduled to take up the marijuana bill, after
delaying a vote on March 3. The Senate was set to vote on the
class action bill, although Republicans have offered a substitute.
At issue is whether the bill should apply to a recent case in
which a Multnomah County jury found the oil company BP wrongly
charged consumers for using debit cards. The settlement could
total in the hundreds of millions of dollars, with as much as half
going unclaimed.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Noemi Irene A.
Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2014. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
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Information contained herein is obtained from sources believed to
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The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000 or Nina Novak at 202-241-8200.
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