/raid1/www/Hosts/bankrupt/CAR_Public/150422.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, April 22, 2015, Vol. 17, No. 80
Headlines
A10 NETWORKS: Faces Securities Class Suit in California
AE CORPORATE: Has Sent Unsolicited Text Messages, Action Claims
ALL STAR: Faces "Hai" Suit Over Failure to Pay Overtime Wages
AMERICAN DIRECTIONS: Has Made Unsolicited Calls, Action Claims
AMERICAN INT'L: Sued by Pimco Funds for Putting Billions at Risk
ANHEUSER-BUSCH: Falsely Marketing Beer With Imported Hops
ANTHEM INC: Faces "Bellegarde" Suit Over Alleged Data Breach
ANTHEM INC: Faces "Patrick" Suit in Ohio Over Alleged Data Breach
ARC MANAGEMENT: Has Made Unsolicited Calls, "Hagele" Suit Claims
BMW OF NORTH AMERICA: Wins Prelim. OK of Z4 Alloy Suit Settlement
BOSTANY LAW: "Maldonado" Suit Seeks to Recover Unpaid OT Wages
BOUTZ CONSTRUCTION: Faces "Villatoro" Suit Over Failure to Pay OT
CALIFORNIA: Bar on Swipe Fee Is Unconstitutional, Court Says
CANANDAIGUA PUB: "Zona" Suit Seeks to Recover Unpaid Overtime
CELERA CORP: To Pay $23MM to Settle Washtenaw Employees Fund Suit
CMRE FINANCIAL: Has Made Unsolicited Calls, "Gossett" Suit Says
COOPER VISION: Faces "Alley" Suit Over Contact Lens-Price Fixing
CORONET CONSTRUCTION: Fails to Pay Workers OT, "Marin" Suit Says
D&B FLOWBACK: Faces "Lucio" Suit Over Failure to Pay OT Hours
DEVELOPMENTAL DISABILITIES: Sued Over Failure to Pay OT Wages
DOLLAR TREE: 9th Cir. Reinstates Two Federal Class Action Suits
DOMINO'S PIZZA: "Lisandro" Suit Seeks to Recover Unpaid Overtime
DUN & BRADSTREET: Has Made Unsolicited Calls, "Fox" Suit Claims
DYNAMIC SUPPORT: Faces "Ball" Suit Over Failure to Pay Overtime
EXPLORATION DRILLING: Suit Seeks to Recover Unpaid Overtime Wages
FAST HELP: "Gelfand" Suit Seeks to Recover Unpaid Overtime Wages
FIRST NATIONAL: Illegally Records Phone Calls, "Hunter" Suit Says
FIVE GUYS: Sued Over Bling-Inaccessible Freestyle Machines
FORT LAUDERDALE SCRAP: Faces "Hankerson" Suit for Unpaid OT
G & G CONSTRUCTION: "Diaz" Suit Seeks to Recover Unpaid OT Wages
GENERAL MOTORS: Sued in Wis. Over Defective Vehicle Dashboards
GEORGIA: Class in Suit Over Delayed Food Stamps Certified
GOLDEN HOUSE: Faces "Neri" Suit Over Failure to Pay Overtime
GULLIVER SCHOOLS: Teacher Accused of Sexually Assaulting Girl
HAMPTON CREEK: "Just Mayo" Spread Does Not Have Mayo, Suit Claims
HENRY LIMOUSINE: "Elamrani" Suit Seeks to Recover Unpaid OT Wages
HIRO & MICHAEL: Faces "Phan" Suit Over Failure to Pay Overtime
HONEYWELL INTERNATIONAL: Falsely Marketed Humidifiers, Suit Says
HULU LLC: Court Dismisses Suit Alleging Violations of Privacy
IMPLUS FOOTCARE: Doorway Pull-Up Bar Is Dangerous, Suit Claims
INTERNATIONAL DERRICK: "Montoya" Suit Seeks to Recover Unpaid OT
JOHNSON & JOHNSON: Baby Powder Suit Dismissed With Leave to Amend
KAISER PERMANENTE: Sued in Calif. for Firing Woman in Retaliation
KAO USA: Faces "Chong" Suit in N.Y. Over Misleading Product Label
LENOVO (US) INC: Faces "Khazak" Suit in Cal. Over Harmful Spyware
LIFE TIME: Faces "Lusk" Suit Over Misleading Proxy Statements
LONG BEACH MEMORIAL: Fails to Pay Overtime Wages, Nurses Claim
MARIETTA DRAPERY: Faces "Carnes" Suit Over Failure to Pay OT
MIAMI BEACH: "Martinez" Suit Seeks to Recover Unpaid Overtime
MIDLAND CREDIT: Illegally Collects Debt, "Schwartz" Suit Claims
MOE'S SOUTHWEST: Sued Over Bling-Inaccessible Freestyle Machines
NEVADA: Legislators Want to Join Federal Health Exchange
NEW ORLEANS: Faces "Marshall" Suit Over Failure to Pay Overtime
NEXT WAVE: Has Made Unsolicited Calls, "Mogannam" Suit Claims
NIRVANA INVESTMENTS: "Salle" Suit Seeks to Recover Unpaid OT
NOVA DIRECTIONAL: "Shorter" Suit Seeks to Recover Unpaid Overtime
PACCAR ENGINE: Faces Suit Over Defective MX-13 Diesel Engines
PERFORMANCE TECHNOLOGIES: Illegally Terminates Workers, Suit Says
PFIZER INC: Sued in E.D.N.Y. Over Misleading Product Packaging
POLLOS MARIO: "Bolanios" Suit Seeks to Recover Unpaid Overtime
PRC INDUSTRIES: Fails to Pay Overtime Hours, "Etienne" Suit Says
PROTEIN SCIENCES: Faces "McEvoy" Suit Over Failure to Pay OT
RCN TELECOM: Has Made Unsolicited Calls, "Burke" Suit Claims
RETIREMENT GROUP: Faces "Chavarha" Suit Over Failure to Pay OT
ROKA AKOR: Faces "Smith" Suit Over Failure to Pay Overtime Wages
RYAN DIRECTIONAL: Faces "Lesnett" Suit Over Failure to Pay OT
S&P DATA: Faces "Davison" Suit Over Failure to Pay Overtime Wages
S-3 PUMP: "Roche" Seeks to Recover Unpaid Overtime Wages
SAN FRANCISCO, CA: Settles Action Arising From Ban on Nudity
SANFORD AUTO: "Luckett" Suit Seeks to Recover Unpaid OT Wages
SECURUS TECHNOLOGIES: Faces Antitrust Claims by Texas Prisoners
SPRINT NEXTEL: To Pay Class $131-Mil. to Settle Merger Fraud Suit
STARVIEW NEW YORK: Faces "Manzanares" Suit Over Failure to Pay OT
STUART PETROLEUM: Faces "Moore" Suit Over Failure to Pay Overtime
STUDEBT INC: Faces "Hardin" Suit in Cal. Over Unsolicited Calls
SUN CAPITAL: Sued Over Failure to Design Blind-Accessible POS
TACO BELL: Sued in California for Refusing to Redeem Gift Cards
TEXAS ROADHOUSE: Suit Seeks to Recover Unpaid Wages and Damages
W CORP: "Louismar" Suit Seeks to Recover Unpaid Overtime Wages
WAL-MART STORES: Accused of Wrongful Conduct Over Eye Care Goods
WALGREEN CO: Sued in N.D. Ill. Over Misleading Financial Reports
WARDLAW CLAIMS: "Tetley" Suit Seeks to Recover Unpaid OT Wages
WATER TRANSFER: Faces "Brorman" Suit Over Failure to Pay Overtime
WEATHERFORD INTERNATIONAL: Suit Seeks to Recover Unpaid Overtime
WORLD WRESTLING: Sued Over Denial of Wrestlers Medical Research
XPRESSPA AT TERM: Fails to Pay Employees Overtime, Suit Claims
YOUKU TUDOU: Faces "Jahm" Suit Over Misleading Financial Reports
ZAPPOS INC: Bid to Enforce Deal Denied Due to Issue on Legal Fees
ZAZA PAS: Faces "Olmedo" Suit Over Failure to Pay Overtime Wages
*********
A10 NETWORKS: Faces Securities Class Suit in California
-------------------------------------------------------
Courthouse News Service reports that citing a 70 percent drop in
the price of common stock since software maker A10 Networks went
public last year, the Arkansas Teacher Retirement System filed a
securities class action in the Santa Clara County Superior Court
that echoes earlier claims filed by The City of Warren Police and
Fire Retirement System.
AE CORPORATE: Has Sent Unsolicited Text Messages, Action Claims
---------------------------------------------------------------
Sean Tucker, on behalf of himself and of all others similarly
situated v. AE Corporate Services Co. d/b/a American Eagle
Outfitters, Inc., and Does 1 to 10, Case No. 8:15-cv-00582 -DOC-
DFM (C.D. Cal., April 13, 2015), seeks to put an end on the
Defendants' practice of sending automated blast marketing messages
to consumers' mobile phones in the form of Short Message Service
(SMS) text messages.
AE Corporate Services Co. is a California Corporation that
operates a clothing and accessories retailer.
The Plaintiff is represented by:
Vincent D. Howard, Esq.
Gregory H. D. Alumit, Esq.
HOWARD LAW, PC
675 Anton Boulevard, First Floor
Costa Mesa, CA 92626
Telephone: (800) 872-5925
Facsimile: (888) 533-7310
E-mail: vhoward@howardlawpc.com
galumit@howardlawpc.com
- and -
David M. Arbogast, Esq.
ARBOGAST LAW
8117 W. Manchester Ave., Suite 530
Playa Del Rey, CA 90293
Telephone: (310) 477-7200
Facsimile: (310) 943-0416
E-mail: david@arbogastlawpc.com
ALL STAR: Faces "Hai" Suit Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Mohammed Hai, individually, and on behalf of all others similarly
situated v. All Star Limousine Service, Ltd., Case No. 2:15-cv-
02025 (E.D.N.Y., April 10, 2015), is brought against the Defendant
for failure to pay overtime wages for worked in excess of 40 hours
per week.
All Star Limousine Service, Ltd. is a New York corporation that is
in the business of providing transportation services to customers
in the New York City and Tri-state area.
The Plaintiff is represented by:
Abdul Karim Hassan, Esq.
ABDUL HASSAN LAW GROUP, PLLC
215-28 Hillside Avenue
Queens Village, NY 11427
Telephone: (718) 740-1000
Facsimile: (718) 740-2000
E-mail: abdul@abdulhassan.com
AMERICAN DIRECTIONS: Has Made Unsolicited Calls, Action Claims
--------------------------------------------------------------
Asaf Agazanof, individually and on behalf of all others similarly
situated v. American Directions Research Group, Inc., Case No.
2:15-cv-02634 (C.D. Cal., April 9, 2015), seeks to put an end on
the Defendant's practice of placing call on the cellular
telephones using an automatic telephone dialing system.
American Directions Research Group, Inc. is a provider of Survey
Market Research services for private and public companies.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Suren N. Weerasuriya, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
324 S. Beverly Drive, #725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@attorneysforconsumers.com
sweerasuriya@attorneysforconsumers.com
abacon@attorneysforconsumers.com
AMERICAN INT'L: Sued by Pimco Funds for Putting Billions at Risk
----------------------------------------------------------------
Courthouse News Service reports that dozens of Pimco funds claim
they suffered huge losses during the financial meltdown because
American International Group put more than $27 billion into risky
and misvalued "exotic securities."
The Pimco funds sued AIG on March 27 in Orange County Court. The
144-page lawsuit accuses AIG of one count of violation of Section
11 of the Securities Act.
The list of AIG's alleged sins, however, is considerably more than
one.
Pacific Investment Management Company (Pimco) claims that AIG:
* made false statements in SEC filing from 2005 to 2008;
* had a history of "accounting scandals;"
* turned to "exotic securities as a result of its ratings
downgrade;"
* massively exposed itself to subprime mortgages through
credit default swaps;
* "chase(d) profits through risky investments in its
securities lending program;"
* weakened its risk controls;
* failed to mark down its CDS portfolio as the subprime
mortgage crisis escalated;
* falsely reassured investors at its Dec. 5, 2007 investor
meeting, though PriceWaterhouseCoopers had warned it about
its weak controls;
* admitted making misstatements in the valuation of its CDS
portfolio;
* was investigated by the SEC and Justice Department in 2008
after raising $20 billion in additional capital after its
first-quarter 2008 report;
* required a $180 billion federal bailout after its securities
portfolio collapsed; and
* that "extensive information (was) revealed after AIG's
bailout that further confirm(ed) the falsity of AIG's
representations to investors."
Pimco opted out of the class in In re American International
Group, Inc. 2008 Securities Litigation, Master File No. 1:08-cv-
04772 (LTS) (S.D.N.Y.)
The complaint states: "AIG's colossal bets on unregulated credit
default swaps and residential mortgage-backed securities for which
the company claimed its exposure was 'remote, even in severe
recessionary market scenarios' lay at the heart of the financial
crisis and carried AIG, once the world's largest insurance
company, to the brink of insolvency. Were it not for an emergency
bailout by the federal government, AIG would have been forced to
file for bankruptcy protection, triggering cascading losses and
collapses throughout the global financial system. While AIG was
rescued by the federal government, its investors suffered
significant harm, including plaintiffs and other investors in the
company's securities offerings between 2006 and 2008 pursuant to
which AIG raised more than $27 billion in violation of the federal
securities laws."
It quoted Federal Reserve Chairman Benjamin Bernanke as saying:
"AIG exploited a huge gap in the regulatory system. . . . This
was a hedge fund basically that was attached to a large and stable
insurance company."
Pimco seeks damages and costs.
Pimco is represented by:
Blair A. Nicholas, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
12481 High Bluff Drive, Suite 300
San Diego, CA 92130
Telephone: (858) 720-3183
Facsimile: (858) 793-0323
E-mail: blairn@blbglaw.com
ANHEUSER-BUSCH: Falsely Marketing Beer With Imported Hops
---------------------------------------------------------
Courthouse News Service reports that two beer drinkers filed a
class action in California Superior Court against Anheuser-Busch,
claiming Busch beer is not made in the U.S.A., as advertised,
because it's made with imported hops,
ANTHEM INC: Faces "Bellegarde" Suit Over Alleged Data Breach
------------------------------------------------------------
Gary Bellegarde, et al., on behalf of others similarly situated v.
Anthem Inc., Case No. 1:15-cv-00587 -TWP-TAB (S.D. Ind., April 13,
2015), is brought against the Defendant for failure to provide
adequate security and protection for its computer systems
containing patient's personally identifiable information and
personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
Irwin B. Levin, Esq.
Lynn A. Toops, Esq.
Richard E. Shevitz, Esq.
Scott D. Gilchrist, Esq.
Vess Allen Miller, Esq.
COHEN & MALAD LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Facsimile: (317) 636-2593
E-mail: ilevin@cohenandmalad.com
ltoops@cohenandmalad.com
rshevitz@cohenandmalad.com
sgilchrist@cohenandmalad.com
vmiller@cohenandmalad.com
ANTHEM INC: Faces "Patrick" Suit in Ohio Over Alleged Data Breach
-----------------------------------------------------------------
Ryan Patrick, on behalf of himself and all others similarly
situated v. Anthem, Inc., Case No. 3:15-cv-00718 (N.D. Ohio, April
13, 2015), is brought against the Defendant for failure to provide
adequate security and protection for its computer systems
containing patient's personally identifiable information and
personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
Ronald E. Johnson Jr., Esq.
Sarah N. Lynch, Esq.
SCHACHTER HENDY & JOHNSON, PSC
909 Wright's Summit Parkway, Suite 210
Ft. Wright, KY 41011
Telephone: (859) 578-4444
Facsimile: (859) 578-4440
E-mail: rjohnson@pschachter.com
slynch@pschachter.com
ARC MANAGEMENT: Has Made Unsolicited Calls, "Hagele" Suit Claims
----------------------------------------------------------------
Aaron Hagele, on behalf of himself and a class of those similarly
situated v. ARC Management Group, LLC, Case No. 7:15-cv-02843
(S.D.N.Y., April 13, 2015), seeks to put an end on the Defendant's
illegal practice of placing unsolicited calls to the class
members' cellular telephone in connection with its efforts to
solicit payment of third-party debts.
ARC Management Group, LLC owns and operates a debt collection firm
with its principal place of business in Kennesaw Georgia.
The Plaintiff is represented by:
James Patrick Batson, Esq.
LAW OFFICE OF JAMES P. BATSON
8 Bedford Rd.
Katonah, NY 10536
Telephone: (914) 523-2278
E-mail: jamespbatsonlegal@gmail.com
BMW OF NORTH AMERICA: Wins Prelim. OK of Z4 Alloy Suit Settlement
-----------------------------------------------------------------
Without mentioning an amount, a federal judge on March 24
preliminarily approved a class action settlement that claims BMW
Z4 alloy wheels crack prematurely, according to Courthouse News
Service.
The Plaintiff is represented by:
Mark A. Chavez, Esq.
CHAVEZ & GERTLER LLP
42 Miller Avenue
Mill Valley, CA 94941
Telephone: (415) 381-5599
Facsimile: (415) 381-5572
E-mail: mark@chavezgertler.com
- and -
Bryan Kemnitzer, Esq.
Nancy Barron, Esq.
Elliot Conn, Esq.
KEMNITZER, BARRON, & KRIEG, LLP
445 Bush St., 6th Floor
San Francisco, CA 94108
Telephone: (415) 632-1900
Facsimile: (415) 632-1901
The case is Barry Jekowsky, individually and on behalf of all
others similarly situated v. BMW of North America, LLC, and
Bayerische Motoren Werke AG, Case No. 3:13-cv-02158-VC, in the
U.S. District Court for the Northern District of California, San
Francisco Division.
BOSTANY LAW: "Maldonado" Suit Seeks to Recover Unpaid OT Wages
--------------------------------------------------------------
Jessenia Maldonado, on his own behalf and others similarly
situated v. The Bostany Law Firm, PLLC, and John Peter Bostany,
Case No. 6:15-cv-02842 (M.D. Fla., April 13, 2015), seeks to
recover unpaid overtime wages and damages pursuant to the Fair
Labor Standard Act.
The Defendants own and operate a law firm in New York.
The Plaintiff is represented by:
Marjorie Mesidor, Esq.
PHILLIPS AND ASSOCIATES, PLLC
45 Broadway, Suite 620
New York, NY 10006
Telephone: (212) 248-7431
BOUTZ CONSTRUCTION: Faces "Villatoro" Suit Over Failure to Pay OT
-----------------------------------------------------------------
Camilo Villatoro, on behalf of himself and all other employees
similarly situated v. Boutz Construction Company and John
Boutzarelos, Case No. 1:15-cv-03181 (N.D. Ill., April 10, 2015),
is brought against the Defendants for failure to pay overtime
wages for hours worked in excess of 40 hours in a week.
The Defendants own and operate a construction company that does
business in Cook County, Illinois.
The Plaintiff is represented by:
David Erik Stevens, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Telephone: (312) 307-0766
E-mail: Dave@StevensLawLLC.com
CALIFORNIA: Bar on Swipe Fee Is Unconstitutional, Court Says
------------------------------------------------------------
A California law prohibiting a swipe fee surcharges for credit
card purchases is unconstitutional, reports Elizabeth Warmerdam at
Courthouse News Service, citing a federal court ruling entered
March 26.
U.S. District Court Morrison England found that the law "is an
unconstitutional restriction on plaintiffs' freedom of speech and
is void for vagueness."
Italian Colors Restaurant and four other California businesses
sued the state last year, claiming the law violates the First
Amendment by restricting commercial speech, because it regulates
how retailers can describe the price difference between cash and
credit purchases.
The 1985 law states that retailers cannot impose a surcharge on
consumers who use a credit card instead of paying by cash or
check, but the retailer can offer discounts to induce consumers to
pay by cash.
"For example, a retailer could charge $102 for a product and give
a $2 discount, but could not charge $100 and impose a $2
surcharge, despite the situations being mathematically equivalent.
Thus, the statute restricts how this $2 price difference is
presented to the consumer," England wrote.
The businesses claim that research has shown that customers are
"loss averse" and will be more motivated by a "potential economic
penalty" to change their behavior than by a "potential economic
benefit."
Therefore, they say, the most effective way to encourage customers
to switch from credit cards to cash would be to emphasize the
penalty associated with using their credit cards.
"In one study, 74 percent of consumers had a negative or strongly
negative reaction to credit surcharges, while fewer than half had
a negative or strongly negative reaction to cash discounts," they
said in their complaint.
Retailers prefer that customers use cash because credit card
companies charge a swipe fee of 2 percent to 3 percent, and these
fees can be incredibly expensive for small businesses.
Plaintiff Vincent Archer said that his business, Leon's
Transmission Service, paid $300,000 on swipe fees to Visa alone in
since 2004. He said the fees have been the largest nonpayroll-
related expenses at his business.
"These fees are typically passed on to all consumers in the form
of higher prices for goods and services. Both state and federal
law, however, permit merchants to pass swipe fees on to only those
consumers who pay with credit cards. Merchants may do so by
charging two different prices depending on how the consumer pays:
a higher price for using a credit card, and a lower price for
using other payment methods (cash, a personal check, or a debit
card)," the retailers' complaint states.
"But, in California, merchants may engage in dual pricing only if
they communicate the difference between the cash price and the
credit price using the right language."
Credit card companies used to have contracts with merchants that
included no-surcharge rules, making California's law redundant.
However, under terms of a national class action settlement in
January 2013, Visa and MasterCard agreed to drop their contractual
no-surcharge rules. In December 2013, American Express also
agreed to drop its surcharge ban.
Businesses in California would like to impose surcharges now that
they can do so under their contracts with the credit card
companies, but they fear that doing so will be illegal under
California's law.
The defendant attorney general argued that the law is in place to
prevent merchants from charging a surprise surcharge at the cash
register to an unaware customer.
The state also said that the law does not instruct retailers how
to assign their prices or how to communicate their pricing or cost
information to their customers, but rather prohibits economic
activity -- adding a surcharge -- so the First Amendment is not
implicated.
Retailers are allowed to tell their customers about merchant fees,
the government pointed out.
Although the "prevention of consumer deception is certainly a
noble goal," England found that the law regulates speech that
conveys price information, which is protected by the First
Amendment.
"Plaintiffs cannot frame their price how they would like, even
though they are allowed to speak with their customers generally
about the credit card industry and the merchant fees that the
industry charges," the judge wrote.
If the purpose of the statute is to prevent the surprise extra
charge at the cash register, the law could have been written more
directly to state that merchants can impose a surcharge so long as
they properly disclose it, England said.
In addition to being an unconstitutional restriction on speech,
the law is unconstitutionally vague because it is not clear when a
retailer is in violation, the judge said.
"(W)hat happens if the price is listed as a '$100+2 percent
surcharge'? Does that scenario constitute an unlawful surcharge
since the percentage is calculated at the cash register? Or what
would be the result if the price is listed as $100, but there are
large signs displayed throughout the establishment stating that a
2 percent surcharge will be applied for purchases made with credit
cards? Does that cross the line into unlawful conduct because it
could be perceived as a surprise addition to the price?" England
wrote.
"The fact that retailers -- even large national retailers with
teams of in-house attorneys -- do not use a dual-pricing system
under the current law due to fear of enforcement is proof that the
law is not clear."
England declared the law unconstitutional and permanently enjoined
its enforcement.
The case is Italian Colors Restaurant, et al. v. Kamala D. Harris,
in her official capacity as Attorney General of the State of
California, Case No. 2:14-cv-00604-MCE-DAD, in the U.S. District
Court for the Eastern District of California.
CANANDAIGUA PUB: "Zona" Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------------
Amber Zona and Brian Stapleton, on behalf of themselves and all
other employees similarly situated v. Canandaigua Pub Inc. and
Richard J. Carvotta, Case No. 6:15-cv-06213 (W.D.N.Y., April 13,
2015), seeks to recover unpaid overtime wages and damages pursuant
to the Fair Labor Standard Act.
The Defendants own and operate a diner and restaurant in New York.
The Plaintiff is represented by:
Justin M. Cordello, Esq.
CORDELLO LAW PLLC
693 East Avenue, Suite 220
Rochester, NY 14607
Telephone: (585) 857-9684
E-mail: justin@cordellolaw.com
- and -
Robert L. Mullin, Esq.
FERR AND MULLIN, PC
7635 Main Street Fishers, P.O. Box 440
Fishers, NY 14453
Telephone: (585) 869-0210
Facsimile: (585) 869-0211
E-mail: rlmullin@ferrmullinlaw.com
CELERA CORP: To Pay $23MM to Settle Washtenaw Employees Fund Suit
-----------------------------------------------------------------
Maria Dinzeo, writing for Courthouse News Service, reports that a
county retirement fund will get a $23 million settlement from
genetic testing company Celera, which it accused of inflating its
stock price through false and misleading statements.
In a 2010 class action, Washtenaw County, Mich. Employees'
Retirement System claimed Celera Corp., its CEO and two CFOs made
false and misleading statements about the company's finances from
April 2008 through July 2009.
Celera stock reached a high $16.23 during that time, in July 2009,
then sank to $5.83, a 64 percent loss, according to the complaint.
Celera assured investors it had adequate reserves for bad debts,
but as an out-of-network provider of lab services, it allowed
patients to skip out on paying for their lab work. By July 2009,
48 percent of Celera's revenue had been eaten up by bad debts, the
class claimed.
U.S. District Judge Edward Davila granted preliminary approval for
the proposed settlement on March 31. The class also was awarded
$1.75 million from PriceWaterhouse Coopers.
Class members will get about $18 million of the settlement.
Alameda-based Celera was purchased by Quest Diagnostics in 2011.
Celera's research had focused on identifying genetic markers to
identify cancer and cardiovascular disease.
The case is In re Celera Corporation Securities Litigation, Case
No. 5:10-CV-02604-EJD, in the U.S. District Court for the Northern
District of California, San Jose Division.
CMRE FINANCIAL: Has Made Unsolicited Calls, "Gossett" Suit Says
---------------------------------------------------------------
George E. Gossett III, on behalf of himself, and all others
similarly situated v. CMRE Financial Services, Inc., Case No.
3:15-cv-00803 (S.D. Cal., April 10, 2015), seeks to put an end on
the Defendant's practice of placing call on the cellular
telephones using an automatic telephone dialing system.
CMRE Financial Services, Inc. is a debt collector for various
healthcare organizations with its principal of business at 3075 E.
Imperial Highway #200, Brea, California 92821.
The Plaintiff is represented by:
Ronald A. Marron, Esq.
Alexis Wood, Esq.
Kas Gallucci, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
alexis@consumersadvocates.com
kas@consumersadvocates.com
- and -
Daniel Shay, Esq.
LAW OFFICES OF DANIEL G. SHAY
409 Camino Del Rio South, Suite 101B
San Diego, CA 92108
Telephone: (619) 222-7429
Facsimile: (866) 431-3292
E-mail: DanielShay@TCPAFDCPA.com
COOPER VISION: Faces "Alley" Suit Over Contact Lens-Price Fixing
----------------------------------------------------------------
Melodie Alley, Jaquatta Becoats, Laura Brooksbank, Rhonda Carter,
Dawn Homan, Kyle Hueser, Jan Johnson, Tina Miranda, Brooke
Salisbury, Luanne Strickland, Kim Seller, Sidney Steen and
Christine Teti, individually and on behalf of all others similarly
situated v. Cooper Vision, Inc., Alcon Laboratories, Inc., Bausch
+ Lomb, Johnson & Johnson Vision Care, Inc., and ABB Optical
Group, Case No. 3:15-cv-01646-JCS (N.D. Cal., April 10, 2015),
alleges that the Defendants entered into a conspiracy to impose
minimum resale prices on certain contact lens lines by subjecting
them to so called Unilateral Pricing Policies (UPPs) and eliminate
price competition on those products by big box stores, buying
clubs, and internet-based retailers that prevent them from
discounting those products.
The Defendants are United States companies that are engaged in the
business of making eye care products.
The Plaintiff is represented by:
Lesley E. Weaver, Esq.
BLOCK & LEVITON LLP
492 9th Street, Suite 260
Oakland, CA 94607
Telephone: (415) 968-8999
Facsimile: (617) 507-6020
E-mail: lweaver@blockesq.com
- and -
Peter Safirstein, Esq.
Roger A. Sachar Jr., Esq.
MORGAN & MORGAN
28 West 44th Street, Suite 2001
New York, NY 10036
Telephone: (212) 564-1637
Facsimile: (212) 564-1656
E-mail: PSafirstein@MorganSecuritiesLaw.com
RSachar@MorganSecuritiesLaw.com
CORONET CONSTRUCTION: Fails to Pay Workers OT, "Marin" Suit Says
----------------------------------------------------------------
Oscar Marin and Filemon Marinan, individually and on behalf of
other employees similarly situated v. Coronet Construction, Inc.,
and Grzegorz Urbanek, Case No. 1:15-cv-03204 (N.D. Ill., April 10,
2015), is brought against the Defendants for failure to pay
overtime wages for hours worked in excess of 40 hours in a
workweek.
The Defendants own and operate a construction company located in
DuPage County, Illinois.
The Plaintiff is represented by:
Raisa Alicea, Esq.
CONSUMER LAW GROUP, LLC
6232 N Pulaski Rd, Ste. 200
Chicago, IL 60646
Telephone: (312) 800-1017
E-mail: ralicea@yourclg.com
D&B FLOWBACK: Faces "Lucio" Suit Over Failure to Pay OT Hours
-------------------------------------------------------------
Manuel Lucio, individually and on behalf of all others similarly
situated v. D&B Flowback & Well Testing, Case No. 6:15-cv-00018
(S.D. Tex., April 13, 2015), is brought against the Defendant for
failure to pay overtime wages for hours work in excess of 40 hours
in a week.
D&B Flowback & Well Testing is based in Yorktown, Texas, and
provides oilfield services to drilling and production sites
throughout the State of Texas.
The Plaintiff is represented by:
William Clifton Alexander, Esq.
SICO WHITE HOELSCHER & BRAUGH LLP
900 Frost Bank Plaza
802 N Carancahua Ste 900
Corpus Christi, TX 78401
Telephone: (361) 653-3300
Facsimile: (361) 653-3333
E-mail: calexander@swhhb.com
DEVELOPMENTAL DISABILITIES: Sued Over Failure to Pay OT Wages
-------------------------------------------------------------
Laura Lorandini, individually and on behalf of all others
similarly situated v. Developmental Disabilities Institute Inc. et
al, Cases No. 1:15-cv-02052 (E.D.N.Y., April 13, 2015), is brought
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standard Act.
The Plaintiff is represented by:
Vivian Victoria Walton, Esq.
BORRELLI & ASSOCIATES
1010 Northern Boulevard
Great Neck, NY 11021
Telephone: (516) 248-5550
Facsimile: (516) 248-6027
E-mail: vw@employmentlawyernewyork.com
DOLLAR TREE: 9th Cir. Reinstates Two Federal Class Action Suits
---------------------------------------------------------------
Katherine Proctor, writing for Courthouse News Service, reports
that reinstating two federal class actions, the 9th Circuit found
April 1 that Nationstar Mortgage and Dollar Tree Stores removed
the cases from state court in time.
The complaints at issue have little in common other than that they
both targeted businesses that later sought removability under the
Class Action Fairness Act.
Richard Reyes is the lead plaintiff in a Los Angeles complaint
that says Dollar Tree denies its employees rest breaks.
Laura Zamora Jordan meanwhile leads the complaint in Spokane,
Wash., that says Nationstar changed the locks on her house well
before it had commenced foreclosure proceedings.
The businesses in both cases removed the allegations against them
from state court, and they did so within 30 days of ascertaining
removability under the Class Action Fairness Act but more than two
years after the case became removable on federal question grounds.
While the lower courts then remanded because they found those
removals untimely, the 9th Circuit reversed on both counts
April 1.
Judges J. Clifford Wallace, Milan Smith Jr. and Paul Watford sat
on the San Francisco panel that reversed in the Nationstar case.
Judges Stephen Reinhardt, N. Randy Smith and Andrew Hurwitz
meanwhile reversed from Pasadena.
The Defendants-Appellants are represented by:
Dominic J. Messiha, Esq.
LITTLER MENDELSON P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
Telephone: (310) 712-7343
Facsimile: (310) 553-5583
E-mail: dmessiha@littler.com
- and -
Lindbergh Porter, Esq.
Tarun Mehta, Esq.
Jeffrey Mann, Esq.
LITTLER MENDELSON P.C.
650 California Street, 20th Floor
San Francisco, CA 94108
Telephone: (415) 433-1940
Facsimile: (415) 399-8490
E-mail: lporter@littler.com
tmehta@littler.com
jmann@littler.com
The Plaintiff-Appellee is represented by:
Kenneth H. Yoon, Esq.
Stephanie E. Yasuda, Esq.
LAW OFFICES OF KENNETH Y. YOON
One Wilshire Boulevard, Suite 2200
Los Angeles, CA 90017
Telephone: (213) 612-0988
E-mail: kyoon@yoonlaw.com
syasuda@yoonlaw.com
- and -
Peter M. Hart, Esq.
Travis Hodgkins, Esq.
LAW OFFICES OF PETER M. HART
12121 Wilshire Blvd., Suite 205
Los Angeles, CA 90025
Telephone: (310) 478-5789
Facsimile: (509) 561-6441
E-mail: hartpeter@msn.com
thodgkins.loph@gmail.com
The appellate case is Richard Reyes, as an individual and on
behalf of all others similarly situated, Plaintiff-Appellee v.
Dollar Tree Stores, Inc., a corporation, Defendant-Appellant, Case
No. 15-55176, in the United States Court of Appeals for the Ninth
Circuit. The District Court case is Richard Reyes, as an
individual and on behalf of all others similarly situated v.
Dollar Tree Stores, Inc., a corporation, Case No. 2:14-cv-04581-R-
VBK, in the U.S. District Court for the Central District of
California.
DOMINO'S PIZZA: "Lisandro" Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Edione Lisandro, on behalf of himself and all others similarly
situated v. Domino's Pizza, Inc., Domino's, Inc., Domino's Pizza,
LLC, PMLRA Pizza, Inc., and Henry Askew, Case No. 1:15-cv-11584
(D. Mass., April 13, 2015), seeks to recover unpaid overtime wages
and damages pursuant to the Fair Labor Standard Act.
The Defendants are Domino's franchisees and operate one or more
Domino's restaurants in Massachusetts.
The Plaintiff is represented by:
Stephen S. Churchill, Esq.
FAIR WORK, P.C.
192 South Street, Suite 450
Boston, MA 02111
Telephone: (617) 607-3260
E-mail: steve@fairworklaw.com
DUN & BRADSTREET: Has Made Unsolicited Calls, "Fox" Suit Claims
---------------------------------------------------------------
Ann Fox, individually and on behalf of all others similarly
situated v. Dun & Bradstreet Credibility Corp., Case No. 2:15-cv-
02743-AB-E (C.D. Cal. Apr 14, 2015), seeks to stop the Defendant's
practice of making unsolicited calls on the class members'
cellular telephone.
Dun & Bradstreet Credibility Corp. is a Delaware corporation,
which provides credit and credibility solutions for businesses
throughout the U.S. and Canada.
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
- and -
Joshua B. Swigart, Esq.
HYDE & SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233-7770
Facsimile: (619) 297-1022
E-mail: josh@westcoastlitigation.com
DYNAMIC SUPPORT: Faces "Ball" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Anthony Ball, individually and on behalf of all similarly situated
opt-ins v. Dynamic Support Services, LC, Case No. 4:15-cv-00036-
CSM (D.N.D., April 10, 2015), is brought against the Defendant for
failure to pay overtime compensation in violation of the Fair
Labor Standard Act.
Dynamic Support Services, LC owns and operates an oil field
service company that does business in North Dakota.
The Plaintiff is represented by:
Bernard R. Mazaheri, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Avenue, Suite 1400
Orlando, FL 32801
Telephone: (407) 420-1414
E-mail: bmazaheri@forthepeople.com
EXPLORATION DRILLING: Suit Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
Paul Casarotto, on behalf of himself and all others similarly
situated v. Exploration Drilling, Inc., Case No. 3:15-cv-00075
(S.D. Tex., April 10, 2015), seeks to recover unpaid overtime
wages and damages pursuant to the Fair Labor Standard Act.
Exploration Drilling, Inc. is engaged in the business of
exploration and production of oil.
The Plaintiff is represented by:
Richard J. Burch, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
FAST HELP: "Gelfand" Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Igor Gelfand, individually and on behalf of all others similarly
situated v. Fast Help Ambulette Service Inc. and Mark Doe, Case
No. 1:15-cv-02068 (E.D.N.Y., April 13, 2015), seeks to recover
unpaid overtime compensation, liquidated damages and attorneys'
fees and costs pursuant to the Fair Labor Standard Act.
Fast Help Ambulette Service Inc. is a New York corporation that
provides credit and credibility solutions for businesses
throughout the U.S. and Canada.
The Plaintiff is represented by:
Gennadiy Naydenskiy, Esq.
NAYDENSKIY LAW GROUP, P.C.
2747 Coney Island Ave
Brooklyn, NY 11235
Telephone: (718) 808-2224
Facsimile: (718) 808-2224
E-mail: naydenskiylaw@gmail.com
FIRST NATIONAL: Illegally Records Phone Calls, "Hunter" Suit Says
-----------------------------------------------------------------
Nanette Hunter, on behalf of herself, and all others similarly
situated v. First National Bank of Omaha, NA, Case No. 3:15-cv-
00808 (S.D. Cal., April 10, 2015), seeks to stop the Defendant's
practice of recording telephone conversations without her prior
express consent.
First National Bank of Omaha, NA owns and operates a bank holding
company in the United States.
The Plaintiff is represented by:
Ronald A. Marron, Esq.
Alexis Wood, Esq.
Kas Gallucci, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
alexis@consumersadvocates.com
kas@consumersadvocates.com
- and -
Daniel Shay, Esq.
LAW OFFICES OF DANIEL G. SHAY
409 Camino Del Rio South, Suite 101B
San Diego, CA 92108
Telephone: (619) 222-7429
Facsimile: (866) 431-3292
E-mail: DanielShay@TCPAFDCPA.com
FIVE GUYS: Sued Over Bling-Inaccessible Freestyle Machines
----------------------------------------------------------
Mary West and Patricia Diamond, on behalf of themselves and all
others similarly situated v. Five Guys Enterprises, LLC, Case No.
1:15-cv-02845-JPO (S.D.N.Y., April 13, 2015), alleges that the
Defendant denied blind individuals throughout the United States
equal access to the goods and services the Defendant provides to
non-visually disabled customers through inaccessible Freestyle
machines at hundreds of Moe's locations in New York State and
throughout the United States.
Five Guys Enterprises, LLC is a Delaware corporation that owns,
operates, franchises, leases, and maintains fast food hamburger
restaurants throughout the United States.
The Plaintiff is represented by:
Anne Melissa Seelig, Esq.
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1124
Facsimile: (212) 465-1181
E-mail: anne@leelitigation.com
cklee@leelitigation.com
FORT LAUDERDALE SCRAP: Faces "Hankerson" Suit for Unpaid OT
-----------------------------------------------------------
Carl Hankerson, on his own behalf and others similarly situated v.
Fort Lauderdale Scrap Inc., and Amir Sattar, Case No. 0:15-cv-
60785 -WJZ (S.D. Fla., April 13, 2015), seeks to recover overtime
compensation, liquidated damages, and costs and reasonable
attorney's fees under the Fair Labor Standard Act.
Fort Lauderdale Scrap Inc. is a Florida Corporation with a
principal place of business in Fort Lauderdale, Broward County,
Florida, which provides scrap metal recycling services.
The Plaintiff is represented by:
Jacob Karl Auerbach, Esq.
ANIDJAR AUERBACH LAW
5521 N. University Drive, Suite 204
Coral Springs, FL 33067
Telephone: (954) 906-8228
Facsimile: (844) 270-6948
E-mail: info@aalawllc.com
G & G CONSTRUCTION: "Diaz" Suit Seeks to Recover Unpaid OT Wages
----------------------------------------------------------------
Daniel Diaz and Sergio Flores, on behalf of themselves, and all
others similarly situated v. G & G Construction Enterprise, Inc.
and Louis Gonzales, Case No. 4:15-cv-00970 (S.D. Tex. Apr 14,
2015), seeks to recover unpaid overtime wages and damages pursuant
to the Fair Labor Standard Act.
The Defendants are engaged in construction business in Texas.
The Plaintiff is represented by:
Joe Micah Williams, Esq.
THE LAW OFFICES OF JOE M. WILLIAMS & ASSOCIATES
810 Highway 6 South, Ste 111
Houston, TX 77079
Telephone: (832) 230-4125
Facsimile: (832) 230-5310
E-mail: jwilliams10050@gmail.com
GENERAL MOTORS: Sued in Wis. Over Defective Vehicle Dashboards
--------------------------------------------------------------
Greg Mross, Ryan Babbitt, Carla Bush, Michael Carr, Eric Johnson,
Susan Johnson, Charles Oliver, Chrissy Ouellette, Eric and Lisa
Pratt, Anthony Rivas, Martha Rushing, Chris Simpson, Rhonda
Stokes, Matthew Thacker, Anton and Cheryl Vidlak, Gwen Wadkins,
Dana Webb, and John Witt, individuals, on behalf of others
similarly situated v. General Motors Company, LLC, Case No. 2:15-
cv-00435-CNC (E.D. Wis., April 13, 2015), is brought on the Class
members who purchased or leased the GM Vehicles, whose dashboards
of the Vehicles were systemically manufactured and designed in a
manner that made them prone to crack.
General Motors Company, LLC is a Delaware limited liability
company with its principal place of business in the State of
Michigan. It designs, manufactures, markets and distributes
vehicles and vehicle parts.
The Plaintiff is represented by:
Jeffrey A. Leon, Esq.
Jamie E. Weiss, Esq.
Thomas C. Flowers, Esq.
QUANTUM LEGAL LLC
513 Central Avenue, Suite 300
Highland Park, IL 60035
E-mail: Jeff@Qulegal.com
Jamie@Qulegal.com
ThomasF@Qulegal.com
- and -
Richard J. Burke, Esq.
QUANTUM LEGAL LLC
1010 Market Street, Suite 1310
St. Louis, MO 63101
Telephone: (847) 433-4500
Facsimile: (847) 433-2500
E-mail: Richard@Qulegal.com
- and -
Jonathan Shub, Esq.
KOHN, SWIFT & GRAF, P.C.
One South Broad Street, Suite 2100
Philadelphia, PA 19102
E-mail: Jshub@Kohnswift.com
- and -
James E. Cecchi, Esq.
CARELLA, BYRNE, CECCHI, OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068-1739
E-mail: Jcecchi@carellabyrne.com
GEORGIA: Class in Suit Over Delayed Food Stamps Certified
---------------------------------------------------------
A federal judge certified a class of Georgia residents who claim
the state denied them benefits by delaying processing their
applications for food stamps, reports Iulia Filip, writing for
Courthouse News Service.
Four Georgians sued the Commissioner for the Georgia Department of
Human Services last year, alleging that the department failed to
comply with federal deadlines in processing applications for food
stamps.
In some cases, the state denied applicants the chance to comply
with application procedures, which allegedly resulted in rejection
of their applications. The department also failed to send notices
denying applications and to provide reasons for the denial, the
complaint says.
The plaintiffs asked the court to certify their class in March
2014, claiming to represent all Georgia residents who have applied
for food stamps since January 2013 whose applications were not
timely processed. The class also includes renewal applicants and
residents who have yet to file applications, according to the
lawsuit.
The state did not object to the proposed class or to the
plaintiffs' chosen counsel for the class.
U.S. District Judge William Duffey Jr. approved the class March
23, finding that the named plaintiffs' claims are typical of the
claims of the proposed class. The plaintiffs alleged that they
applied for food stamps in Georgia and that their applications
were unlawfully delayed or denied without proper notice. These
allegations are common to all proposed class members, Duffey
noted.
What's more, classes of public benefits applicants seeking to
challenge a policy or practice in the administration of food
stamps or other benefits are routinely certified, the March 23
ruling states.
Additionally, the attorneys chosen to represent the class are
experienced in class actions and public benefits law and can
adequately protect the interests of the class, according to the
15-page order.
The class is represented by David Webster of Atlanta, attorneys
with the National Center for Law and Economic Justice and DLA
Piper attorney Mark Grantham.
The Food Stamps Act, signed into law by President Lyndon B.
Johnson in 1964, provides food coupons for needy individuals.
Food stamps can be exchanged like money at authorized stores. The
federal government pays for the amount of the benefits received,
while states pay the costs of determining eligibility and
distributing the stamps. State public assistance agencies run the
program.
The case is Melanie K., et al. v. Keith Horton, in his official
capacity as the Commissioner for the Georgia Department of Human
Services, Case No. 1:14-cv-00710-WSD, in the U.S. District Court
for the Northern District of Georgia, Atlanta Division.
GOLDEN HOUSE: Faces "Neri" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Daniel Martinez Neri, Elias Cardenas Mejia (a.k.a. Alex suniz) and
Jose Luis Lechuga Sampayd, individually and on behalf of others
similarly situated v. Golden House of Astoria Inc. (d/b/a
Golden House) and How Yan Sy, Case No. 1:15-cv-02021 (E.D.N.Y.,
April 10, 2015), is brought against the Defendants for failure to
pay overtime wages for hours worked in excess of 40 hours in a
workweek.
The Defendants own and operate a Chinese restaurant located at 35-
12 30 Avenue, Long Island City, New York.
The Plaintiff is represented by:
Michael A. Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Ste. 2020
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: faillace@employmentcompliance.com
GULLIVER SCHOOLS: Teacher Accused of Sexually Assaulting Girl
-------------------------------------------------------------
Courthouse News Service reports that a teacher for Gulliver
Schools sexually assaulted a girl in his care, her parents claim
in a class action in Miami-Dade County Court in Florida.
HAMPTON CREEK: "Just Mayo" Spread Does Not Have Mayo, Suit Claims
-----------------------------------------------------------------
Monica Pais, writing for Courthouse News Service, reports that
Hampton Creek Inc. deceptively advertised and sold its "Just Mayo"
sandwich spread products as containing mayonnaise when in reality
they do not contain any mayonnaise at all, a class action filed in
Miami-Dade County claims.
Hampton Creek is nationally known for its variety of sandwich
spreads that it packages under the name of "Just Mayo." It
promotes, markets distributes and sells them throughout the United
States, including the State of Florida, the complaint states.
According to the complaint, "Mayo" is defined and commonly
referred to as "mayonnaise." It is a product known by consumers
and under federal regulations as containing eggs.
Moreover, the Food and Drug Administration describes mayonnaise as
an "acidifying ingredient of either vinegar or lemon juice or lime
juice, or both, and an egg yolk-containing ingredient."
Plaintiff Leah Davis claims that there are no eggs in Just Mayo
products.
Davis says that Hampton Creek uses the image of a giant egg in the
products' advertising campaigns and in their labels as well. In
spite of the egg image on the label, none of the unflavored or
flavored mayo spreads contain any egg-related ingredients, the
lawsuit says.
"By calling its sandwich spread Just Mayo, Hampton Creek falsely
communicates to consumers, including plaintiff, that Just Mayo is
mayonnaise, when, in fact, it is not," the complaint says.
Since the product lacks the same emulsifying ingredients as real
mayonnaise, Davis says that Just Mayo does not taste or perform
like it because when heated its oils divide, and do not bind the
ingredients together as authentic mayo does. She claims that
defendant notably displayed and advertised its products to the
public as mayo with the purpose of inducing consumers to purchase
them. As a result of its deception, Davis says, Hampton Creek has
sold thousands of jars of its products to unsuspecting consumers.
On August 2014, plaintiff says that she bought Just Mayo for about
$4.69 at a Whole Foods super market in North Miami, and at the
Epicure Market in Sunny Isles Beach. She purchased the product
thinking that she could use it for cooking purposes, as well as a
sandwich spread.
"Had plaintiff and the Class been aware that Just Mayo was, in
fact, not mayonnaise, they would not have purchased Just Mayo, or
would have paid less for the Product," the complaint says.
Davis seeks unspecified damages on claims of violation of the
Florida Deceptive and Unfair Trade Practices Act and unjust
enrichment.
The Plaintiff is represented by:
Nathan Zipperian, Esq.
Scott Shepherd, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH LLP
1640 Town Center Cir., Suite 216
Weston, FL 33326-3688
Telephone: (954) 515-0123
Facsimile: (954) 515-0124
E-mail: nzipperian@sfmslaw.com
sshepherd@sfmslaw.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
One West Fourth Street, 18th Floor
Cincinnati, OH 45202
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
HENRY LIMOUSINE: "Elamrani" Suit Seeks to Recover Unpaid OT Wages
-----------------------------------------------------------------
Seddiq Elamrani, on behalf of all others similarly situated v.
Henry Limousine, Ltd. et al, Case No. 1:15-cv-02050 (E.D.N.Y.,
April 13, 2015), seeks to recover unpaid overtime wages and
damages pursuant to the Fair Labor Standard Act.
Henry Limousine, Ltd. is a New York based company that provides
limousine transportation services.
The Plaintiff is represented by:
Vivian Victoria Walton Esq.
BORRELLI & ASSOCIATES
1010 Northern Boulevard
Great Neck, NY 11021
Telephone: (516) 248-5550
Facsimile: (516) 248-6027
E-mail: vw@employmentlawyernewyork.com
HIRO & MICHAEL: Faces "Phan" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Tai Phan, on behalf of himself and all others similarly situated
v. Hiro & Michael, Inc. d/b/a Hiros Tokyo Steakhouse and Sushi
Bar, Michael Chan, and DVGV Investments, LLC, Case No. 8:15-cv-
00783 (M.D. Fla., April 1, 2015), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standard Act.
The Defendants own and operate a Japanese restaurant in Pinellas
County, Florida.
The Plaintiff is represented by:
Kelly Morgan Fisher, Esq.
Scott A. Fisher, Esq.
FISHER LAW GROUP, PA
PO Box 55153
St Petersburg, FL 33732
Telephone: (727) 329-8625
Facsimile: (727) 329-8646
E-mail: kfisher@fisherlawgroupfla.com
sfisher@fisherlawgroupfla.com
The Defendants Hiro & Michael, Inc. and Michael Chan is
represented by:
Phyllis J. Towzey, Esq.
LAW OFFICES OF PHYLLIS J. TOWZEY
The Kress Building-Ste 401
475 Central Ave
St Petersburg, FL 33701
Telephone: (727) 895-1200
Facsimile: (727) 892-9925
E-mail: phyllis@towzey.com
The Defendant DVGV Investments, LLC is represented by:
Michelle E. Nadeau, Esq.
Ryan D. Barack, Esq.
KWALL SHOWERS BARACK & CHILSON, P.A.
133 N Fort Harrison Ave
Clearwater, FL 33755
Telephone: (727) 441-4947
E-mail: mnadeau@ksbclaw.com
rbarack@ksbclaw.com
HONEYWELL INTERNATIONAL: Falsely Marketed Humidifiers, Suit Says
----------------------------------------------------------------
Robert Burke, Mark Riley, individually and on behalf of all others
similarly situated v. Honeywell International, Inc., Case No.
2:15-cv-01921-BMS (E.D. Pa., April 13, 2015), arises out of the
Defendant's misrepresentation in its sales brochures, marketing
literature, and limited warranty, that is Humidifiers were free of
defects in that workmanship or materials. However, the
Humudufuers' interior components become caked with mineral
deposits and scaling, often shortly after installation and only
minimal use.
Honeywell International, Inc. is a New Jersey corporation that
produces a variety of commercial and consumer products,
engineering services, and aerospace systems for a wide variety of
customers, from private consumers to major corporations and
governments.
The Plaintiff is represented by:
Charles E. Schaffer, Esq.
LEVIN, FISHBEIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: cschaffer@lfsblaw.com
HULU LLC: Court Dismisses Suit Alleging Violations of Privacy
-------------------------------------------------------------
Persuaded by Hulu that its users could not prove that it knowingly
shared their private information with Facebook, a federal judge on
March 31 tossed a proposed class action claiming the online
streaming service violated the Video Privacy Protection Act,
reports Maria Dinzeo at Courthouse News Service.
U.S. District Judge Laurel Beeler found that ultimately there is
no connection between a Hulu users' identity, sent to Facebook
through a "c_user" browser cookie, and the title of the video that
person had watched.
"More precisely, there is no evidence that Hulu knew that Facebook
might combine a Facebook user's identity (contained in the c_user
cookie) with the watch-page address to yield 'personally
identifiable information' under the VPPA," Beeler wrote. "There
is consequently no proof that Hulu knowingly disclosed any user
'as having requested or obtained specific video materials or
services.' "
She added that Hulu didn't actually know that Facebook might
connect the two, so "there cannot be a VPPA violation."
Whether information identifying Facebook users was knowingly
transmitted by Hulu to Facebook was the sole remaining claim
against the service, which Hulu lawyer Victor Jih called "the
chasm as big as the Grand Canyon that they can't cross."
Hulu users claimed that every time they hit the "like" button next
to a Hulu video, Hulu would share that information with Facebook,
and their Facebook friends would be able to see their video
viewing habits when they looked at the same Hulu page.
The plaintiffs' lawyers were quick to compare the case to the
outing of Judge Robert Bork's video rental history after he was
nominated to the U.S. Supreme Court, the genesis of the VPAA's
passage in 1988.
But at a February hearing, Beeler told the lawyers, "It just
doesn't feel like the Bork transmission of personal information."
Beeler repeated that point in her 22-page ruling granting Hulu's
motion for summary judgment.
"In that type of case, the connection between a specific user and
the material that he 'requested or obtained' is obvious. If I
hand someone a slip of paper with John Doe's name above a list of
recently rented videotapes, the connection between the two will
generally be apparent. This is all the more so because the
information is passed between humans in a natural language. The
recipient can immediately read the note and see the connection,"
Beeler wrote. "This case is different. The user's identity and
that of the video material were transmitted separately (albeit
simultaneously). By sending those two items Hulu did not thereby
connect them in a manner akin to connecting Judge Bork to his
video-rental history."
Plaintiff lawyer Scott Kamber of KamberLaw LLC had argued that
internal emails indicating that Hulu "knew that vendors can place
cookies on the users's computer" and that Hulu "recognized the
VPPA implications of this."
Beeler said those emails were "too general" to yield a triable
claim.
"The emails to which the plaintiffs point are not 'circumstantial'
proof of the specific allegations that remain in play; they are,
at best, general contextual evidence of what Hulu knew, and what
steps it took, in other areas that also involved user-identifying
information," she wrote.
The proposed class had also argued that the "show_faces" attribute
of the Like button, which can load a users' friends' faces on a
Hulu video page if the user chooses, proved that Hulu knew what it
was doing.
"More broadly, the plaintiffs urge, 'we all know' how these sorts
of Internet services work: personal information is constantly
shared and connected," Beeler wrote. "The court agrees that it
would take willful ignorance to pretend otherwise."
But Beeler said that a jury could not be expected to use that
general knowledge to decide Hulu's legal liability.
"A jury cannot be allowed to pass on liability based on broad hand
waves toward what we all know, what we all expect about how our
personal information moves around, and how things generally work
in the age of the Internet," she wrote. "Triable claims must
still be rooted in reasonably specific proof about what in fact
was done here, what information was sent and connected here, and
what Hulu actually knew about these things."
The case is In re: Hulu Privacy Litigation, Case No. 3:11-cv-
03764-LB, in the U.S. District Court for the Northern District of
California, San Francisco Division.
IMPLUS FOOTCARE: Doorway Pull-Up Bar Is Dangerous, Suit Claims
--------------------------------------------------------------
Katherine Proctor at Courthouse News Service reports that a
sporting goods company's doorway pull-up bar contains a
potentially fatal defect, a consumer claims in a federal class
action.
Lead plaintiff Matthew Weininger claims that Implus Footcare's
defectively designed "top leverage doorway bars" can injure or
kill users. The bars are installed over the top of a doorframe
and allegedly use the exerciser's weight to keep the bar in place
as the bar pushes against the wall in both directions. But
Weininger claims that few users can maintain "a complete vertical
presence" during a pull-up, since the body's natural inclination
is for the legs to swing forward on the way up and to backward on
the way down.
This "pendulum like effect" is inevitable, he says, and as a
result the bar can detach from the door frame and send its user to
the ground.
Implus could not be reached for comment on March 26.
Weininger seeks class certification, restitution and damages for
breach of warranty and business code violations.
The Plaintiff is represented by:
Gene Stonebarger, Esq.
STONEBARGER LAW, APC
75 Iron Point Cir., Suite 145
Folsom, CA 95630
Telephone: (916) 235-7140
Facsimile: (916) 235-7141
E-mail: gstonebarger@stonebargerlaw.com
INTERNATIONAL DERRICK: "Montoya" Suit Seeks to Recover Unpaid OT
----------------------------------------------------------------
Hector Montoya, Heber Hernandez, Alejo Sanchez, Luis G. Benavides,
Guadalupe Galindo, Luis C. Montoya, Humberto Palomares, Sr.,
Humberto Palomares, Jr., and Joel Galindo individually and on
behalf of all others similarly situated v. International Derrick
Service, LLC, I.S. Parker, Inc., Gorilla Inspections, LLC, Sherron
Parker, and Scott Parker, Case No. 7:15-cv-00052 (W.D. Tex., April
13, 2015), seeks to recover unpaid overtime wages and damages
pursuant to the Fair Labor Standard Act.
The Defendants own and operate a domestic and international oil
and gas industry with a complete line of new and used components
and drilling packages.
The Plaintiff is represented by:
Curt Hesse, Esq.
Melissa Moore, Esq.
MOORE & ASSOCIATES
440 Louisiana, Suite 675
Houston, TX 77002
Telephone: (713) 222-6775
Facsimile: (713) 222-6739
E-mail: curt@mooreandassociates.net
melissa@mooreandassociates.net
JOHNSON & JOHNSON: Baby Powder Suit Dismissed With Leave to Amend
-----------------------------------------------------------------
Courthouse News Service reports that a federal judge on March 27
dismissed with leave to amend Mona Estrada's class action claiming
Johnson & Johnson's baby powder increases the risk of ovarian
cancer.
The case is Mona Estrada, On Behalf of Herself and All Others
Similarly Situated v. Johnson & Johnson and Johnson & Johnson
Consumer Companies, Inc., Case No. 2:14-cv-01051-TLN-EFB, in the
U.S. District Court for the Eastern District of California.
KAISER PERMANENTE: Sued in Calif. for Firing Woman in Retaliation
-----------------------------------------------------------------
Kaiser managers said a woman was not trustworthy, but retaliation
was the reason she was fired, she claims in a Los Angeles Superior
Court complaint, reports Philip A. Janquart at Courthouse News
Service.
Belinda Branch began working at Kaiser's Parkview Building as a
medical assistant in 1978, earning "exemplary" job performance
evaluations over the next 34 years.
In 2014, she became the focus of an investigation after reporting
a Kaiser employee for sharing a patient's private medical
information with two other employees without consent, in violation
of the Health Insurance Portability and Accountability Act
(HIPAA). This medical information released and obtained by the
other employees contained private and sensitive medical
information including information from the "General Surgery File,"
according to the complaint.
Branch was called into two meetings where she was confronted by
"compliance" officers who she says were hostile, angry and
repetitive in their interrogation-style questioning. She was
called into a third meeting on June 4, 2014 and told that, "her
employment with Kaiser was being terminated and gave [her] an
ultimatum of either resigning and be allowed to receive
unemployment benefits or being fired and to not be able to obtain
unemployment benefits," the complaint states.
She added that the Human Resources department informed her that
she had to write the resignation letter immediately and that she
would be fired if she didn't write it using the exact wording
provided to her. Branch says it was only under "coercion and
manipulation" that she did so.
"Ironically, plaintiff was being punished for following the law
and reporting HIPAA violations and for doing the right thing in
looking out for the privacy rights of a Kaiser patient," the
complaint states.
When asked why she was being fired, Kaiser said she committed
"egregious acts" and that she "was no longer a trusted employee at
Kaiser."
No action was ever taken against the employees who violated the
federal law, according to Branch, who noted that all three are
younger, "outside plaintiff's protected class" and were "treated
more favorably." She was fired for false and pretextual reasons,
in retaliation for her whistle-blowing and based on age, the
complaint states.
Branch sued Kaiser Permanente and Southern California Permanente
Medical Group for age discrimination under the Fair Employment and
Housing Act, wrongful termination and intentional infliction of
emotional distress, and violation of state labor laws. She seeks
general and special damages for loss of past and future earnings,
and benefits; damage to reputation; failure to advance employment;
and loss of job privileges.
The Plaintiff is represented by:
Michael T. Carr, Esq.
LAW OFFICES OF MICHAEL T. CARR, APC
2670 Myrtle Avenue, Suite 106
Monrovia, CA 91016-5077
Telephone: (626) 254-8901
Facsimile: (626) 254-8921
E-mail: mtcarrl@earthlink.net
- and -
Roman Otkupman, Esq.
OTKUPMAN LAW FIRM, A LAW CORPORATION
5950 Canoga Ave., Suite 550
Woodland Hills, CA 91367
Telephone: (818) 293-5623
Facsimile: (888) 850-1310
E-mail: Roman@OLFLA.com
The case is Belinda Branch v. Kaiser Permanente; Southern
California Permanente Medical Group; and Does 1-100, Inclusive,
Case No. BC575850, in the Superior Court of the State of
California for the County of Los Angeles.
KAO USA: Faces "Chong" Suit in N.Y. Over Misleading Product Label
-----------------------------------------------------------------
In Hong Chong, Lourdes Rosado, Lynn Moore, Josefina Valdez,
John Doe (Illinois), John Doe (Florida), John Doe (Michigan) and
John Does 1-100, on behalf of themselves and others similarly
situated v. Kao USA Inc., Case No. 1:15-cv-02131 -CBA-RML
(E.D.N.Y. Apr 14, 2015), arises out of the Defendant's deceptive
labeling and packaging of its Ban(R) Invisible Solid
antiperspirants and deodorants. The Defendant list a false and
misleading total net weight of deodorant and antiperspirant and
with non-functional slack-fill.
Kao USA Inc. is a Japanese corporation organized under the laws of
Delaware with headquarters at 312 Plum Street Building,
Cincinnati, OH 45201, which manufactures and distributes premium
beauty care brands.
The Plaintiff is represented by:
Anne Melissa Seelig, Esq.
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1124
Facsimile: (212) 465-1181
E-mail: anne@leelitigation.com
cklee@leelitigation.com
LENOVO (US) INC: Faces "Khazak" Suit in Cal. Over Harmful Spyware
-----------------------------------------------------------------
Dimitriy Khazak, on behalf of himself and those similarly situated
v. Superfish, Inc., Lenovo (United States), Inc., and Lenovo Group
Limited, Case No. 5:15-cv-01665 (N.D. Cal., April 10, 2015), seeks
to stop the Defendants' practice of selling new computers with
preinstalled harmful and offensive spyware and malware.
Lenovo (United States) Inc. is a subsidiary of Lenovo Group
Limited, a multinational computer technology company, which,
through its subsidiaries, designs, develops, manufactures and
sells personal computers, tablet computers, smartphones,
workstations, servers, electronic storage devices and smart
televisions.
Superfish, Inc. is a Delaware Corporation with its principal place
of business in Palo Alto, California. It is an advertising company
that develops various advertising-supported software products
based on a visual search engine.
The Plaintiff is represented by:
Daniel T. Lebel, Esq.
Zachary R. Scribner, Esq.
CONSUMER LAW PRACTICE OF DANIEL T. LEBEL
3 Embarcadero Center, Suite 1650
San Francisco, CA 94111
Telephone: (415) 513-1414
Facsimile: (415) 563-7848
E-mail: danlebel@consumerlawpractice.com
zach@consumerlawpractice.com
LIFE TIME: Faces "Lusk" Suit Over Misleading Proxy Statements
-------------------------------------------------------------
Matthew Lusk, individually and on behalf of all others similarly
situated v. Life Time Fitness, Inc., Bahram Akradi, Giles H.
Bateman, Jack W. Eugster, Guy C. Jackson, John K. Lloyd, Martha A.
Morfitt, John B. Richards, Joseph S. Vassalluzzo, Case No. 0:15-
cv-01911 (D. Minn., April 10, 2015), arises out of Defendants'
violations of the Securities Exchange Act and Securities and
Exchange Commission, in connection with a conflicted, going-
private transaction, in which the Company will be sold to a
consortium of investors led by Leonard Green & Partners, L.P. LTF
Holdings, Inc. and LTF Merger Sub at the unfair price through a
materially false and misleading Proxy Statement.
Life Time Fitness, Inc. is a Minnesota corporation that maintains
its corporate headquarters at 2902 Corporate Place, Chanhassen,
Minnesota, which operates a chain of health fitness centers
operating in the United States and Canada.
The Plaintiff is represented by:
Kai Richter, Esq.
Carl Engstrom, Esq.
NICHOLS KASTER, PLLP
4600 IDS Center
80 South Eighth Street
Minneapolis, MN 5402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: richter@nka.com
cengstrom@nka.com
- and -
Jason M. Leviton, Esq.
Mark A. Delaney, Esq.
Joel A. Fleming, Esq.
BLOCK & LEVITON LLP
155 Federal Street, Ste. 400
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
E-mail: jason@blockesq.com
mark@blockesq.com
joel@blockesq.com
- and -
James M. Ficaro, Esq.
THE WEISER LAW FIRM, P.C.
22 Cassatt Avenue
Berwyn, PA 19312
Telephone: (610) 225-2677
E-mail: jmf@weiserlawfirm.com
LONG BEACH MEMORIAL: Fails to Pay Overtime Wages, Nurses Claim
--------------------------------------------------------------
Nurses claim three hospitals -- Long Beach Memorial Medical
Center, Miller Children's Hospital Long Beach, and Memorial Care
Health System -- fail to pay overtime and violate other labor
laws, in California Superior Court, according to Courthouse News
Service.
MARIETTA DRAPERY: Faces "Carnes" Suit Over Failure to Pay OT
------------------------------------------------------------
Loyd Carnes, Keith Jefferson, Jesse McDonald and Brett Smith,
individually and on behalf of others similarly situated v.
Marietta Drapery & Window Coverings Co., Inc., Douglas C. Bentley
and Frederick A. Bentley, Case No. 1:15-cv-01113-MHC (N.D. Ga.,
April 10, 2015), is brought against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standard Act.
The Defendants operate as a window and bed coverings supplier with
principal place of business located at 22 Trammell St Marietta,
Georgia 30064.
The Plaintiff is represented by:
Paul Joseph Sharman, Esq.
THE SHARMAN LAW FIRM, LLC
Suite 100, 11175 Cicero Drive
Alpharetta, GA 30022
Telephone: (678) 242-5297
E-mail: paul@sharman-law.com
MIAMI BEACH: "Martinez" Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------------
Florencio Garcia Martinez, individually and on behalf of other
employees similarly situated v. Miami Beach Community Development
Corporation, Inc., Case No. 15-cv-21392-JLK (S.D. Fla., April 10,
2015), seeks to recover unpaid overtime wages and damages pursuant
to the Fair Labor Standard Act.
Miami Beach Community Development Corporation, Inc. is a private
agency that promotes a comprehensive community development in many
areas of social services, including housing, and economic
development within the city of Miami Beach.
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
3100 South Dixie Highway, Suite 202
Miami, FL 33133
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
MIDLAND CREDIT: Illegally Collects Debt, "Schwartz" Suit Claims
---------------------------------------------------------------
Joseph Schwartz, on behalf of himself and all other similarly
situated consumers v. Midland Credit Management, Inc., Midland
Funding, LLC, and Encore Capital Group, Inc., Case No. 1:15-cv-
02119 (E.D.N.Y. Apr 14, 2015), seeks to stop the Defendant's
practice of using unfair or unconscionable means to collect or
attempt to collect a debt.
Midland Credit Management, Inc. is engaged in the business of
collecting or attempting to collect debts on behalf of Midland
Funding, LLC as one of its principal areas of business.
Encore Capital Group, Inc. is the parent company of Midland Credit
Management, Inc. and Midland Funding, LLC.
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, ATTORNEY AT LAW
483 Chestnut Street
Cedarhurst, NY 11516
Telephone: (516) 791-4400
Facsimile: (516) 791-4411
E-mail: fishbeinadamj@gmail.com
MOE'S SOUTHWEST: Sued Over Bling-Inaccessible Freestyle Machines
----------------------------------------------------------------
Mary West and Patricia Diamond, on behalf of themselves and all
others similarly situated v. Moe's Southwest Grill, LLC, Case No.
1:15-cv-02846 (S.D.N.Y., April 13, 2015), alleges that the
Defendant denied blind individuals throughout the United States
equal access to the goods and services the Defendant provides to
non-visually disabled customers through inaccessible Freestyle
machines at hundreds of Moe's locations in New York State and
throughout the United States.
Moe's Southwest Grill, LLC owns, operates franchises, leases, and
maintains fast food Mexican restaurants throughout the United
States.
The Plaintiff is represented by:
Anne Melissa Seelig, Esq.
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1124
Facsimile: (212) 465-1181
E-mail: anne@leelitigation.com
cklee@leelitigation.com
NEVADA: Legislators Want to Join Federal Health Exchange
--------------------------------------------------------
Thousands of Nevadans have struggled to enroll for health
insurance since Silver State Health Insurance Exchange held its
first open enrollment in 2013, reports Laney Olson at Courthouse
News Service.
Legislators want to rid the state of its exchange and join the
Federal Health Exchange.
Assembly Bill 368, by Assemblyman Brent Jones, R-Clark, aims to
repeal "provisions creating and providing for the Silver State
Health Insurance Exchange; requiring the Executive Director of the
Exchange to notify the United State Department of Health and Human
Services of the cessation of operation of the Exchange."
Senate Joint Resolution 14, by state Sen. Don Gustavson, R-Sparks,
would amend the Nevada Constitution "to prohibit any agency,
board, commission or political subdivision of this State of any
local government from creating, operating or maintaining or
entering into a contract for the creation, operation or
maintenance of a health insurance exchange."
Both bills would end a statewide feud Nevadans have been fighting
with the Health Exchange.
The state signed a $75 million contract with Xerox to have it host
the system. However, according to healthinsurance.org, technical
issues plagued the system, including "failure to correctly assign
and pay broker commissions."
In April 2014, a class action lawsuit was filed on behalf of
citizens who never received coverage they paid for. Despite
promises from Xerox to fix the issues, the state fired Xerox in
May last year, after paying it $12.3 million of the $75 million
contract.
The state is using Healthcare.gov as the enrollment platform.
A fiscal note from the Silver State Health Insurance Exchange
states: "The Silver State Health Insurance Exchange has reviewed
the bill and has determined that while our agency would not have a
tangible fiscal impact, Health Insurance Carriers and Citizens of
the State of Nevada will be impacted significantly."
SJR14 will need to be approved by two consecutive Legislatures and
receive approval from voters to change the Nevada Constitution.
NEW ORLEANS: Faces "Marshall" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Mr. Donald L. Marshall Jr. v. The State of Louisiana, Law
Enforcement District for the Parish of Orleans, and Sheriff Marlin
N. Gusman, Case No. 2:15-cv-01128 (E.D. La., April 9, 2015), is
brought against the Defendants for failure to pay overtime wages
in violation of the Fair Labor Standard Act.
The State of Louisiana is a sovereign state.
Law Enforcement District for the Parish of Orleans is a political
subdivision of Louisiana.
Sheriff Marlin N. Gusman is the head sheriff of Orleans Parish.
The Plaintiff is represented by:
Richard Alvin Tonry II, Esq.
Raymond Brinson, Esq.
Brian L. Glorioso, Esq.
TONRY, BRINSON & GLORIOSO, LLC
245 Pontchartrain Drive
Slidell, LA 70458
Telephone: (985) 643-7007
E-mail: richtonry@yahoo.com
brian.glorioso@yahoo.com
NEXT WAVE: Has Made Unsolicited Calls, "Mogannam" Suit Claims
-------------------------------------------------------------
John Mogannam, individually and on behalf of all others similarly
situated v. Next Wave Enterprises, LLC, Case No. 2:15-cv-00769 -
JAM-DAD (E.D. Cal., April 9, 2015), seeks to stop the Defendant's
practice of making calls on the cellular telephone using an
automatic telephone dialing system or an artificial or prerecorded
voice.
Next Wave Enterprises, LLC is a lender of business loans to
individuals and small businesses.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Suren N. Weerasuriya, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
324 S. Beverly Dr., #725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@attorneysforconsumers.com
sweerasuriya@attorneysforconsumers.com
abacon@attorneysforconsumers.com
NIRVANA INVESTMENTS: "Salle" Suit Seeks to Recover Unpaid OT
------------------------------------------------------------
Jaime Salle, on behalf of himself and others similarly situated v.
Nirvana Investments LLC et al, Case No. 2:15-cv-00229 -JES-DNF
(M.D. Fla., April 10, 2015), seeks to recover unpaid overtime
wages, an additional equal amount as liquidated damages,
declaratory relief, and reasonable attorney's fees and costs.
Nirvana Investments LLC is a Florida Limited Liability Company
that owns and operates an investment firm with a principal place
of business in Lee County, Florida.
The Plaintiff is represented by:
Bill B. Berke, Esq.
BERKE LAW FIRM, PA
4223 Del Prado Blvd. S.
Cape Coral, FL 33904
Telephone: (239) 549-6689
Facsimile: (239) 549-3331
E-mail: Berkelaw@yahoo.com
NOVA DIRECTIONAL: "Shorter" Suit Seeks to Recover Unpaid Overtime
-----------------------------------------------------------------
Shannon Shorter, individually and on behalf of others similarly
situated v. Nova Directional, Inc., Case No. 4:15-cv-00936 (S.D.
Tex., April 9, 2015), seeks to recover unpaid overtime wages
pursuant to the Fair Labor Standard Act.
Nova Directional, Inc. operates an oilfield service company,
providing directional and horizontal drilling services to the oil
and gas industry.
The Plaintiff is represented by:
Michael A. Josephson, Esq.
FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, LLP
1150 Bissonnet Street
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: mjosephson@fibichlaw.com
PACCAR ENGINE: Faces Suit Over Defective MX-13 Diesel Engines
-------------------------------------------------------------
Courthouse News Service reports that a federal class action claims
Paccar Engine Co., Kenworth Truck Co. and Peterbuilt Motors Co.'s
MX-13 diesel engines are defective and lose power.
PERFORMANCE TECHNOLOGIES: Illegally Terminates Workers, Suit Says
-----------------------------------------------------------------
Daniel Lona, on behalf of himself and all others similarly
situated v. Performance Technologies, LLC, Case No. 5:15-cv-00279
(W.D. Tex., April 13, 2015), is brought against the Defendants for
failure to provide former employees with at least 60 days' advance
written notice of termination in violation of the Worker
Adjustment and Retraining Notification Act
The Plaintiff is represented by:
Allen R. Vaught, Esq.
BARON AND BUDD PC
3102 Oak Lawn Ave-Ste 1100
Dallas, TX 75219
Telephone: (214) 521-3605
Facsimile: (214) 520-1181
E-mail: avaught@baronbudd.com
PFIZER INC: Sued in E.D.N.Y. Over Misleading Product Packaging
--------------------------------------------------------------
Matthew Fermin, Lichun Huo, Josefinavaldez, Adriana Sousa,
John Doe (Illinois), John Doe (Michigan), John Doe (New Jersey),
and John Does 1-100, on behalf of themselves and others similarly
situated v. Pfizer Inc., Case No. 1:14-cv-02133 (E.D.N.Y. Apr 14,
2015), arises out of misleading packaging of the Defendant's
Advil(R) ibuprofen products, which are produced in the form of
coated tablets, film-coated tablets, coated caplets, and Liqui-
Gels(R) containing 200mg ibuprofen, a non-steroidal anti-
inflammatory drug.
Pfizer Inc. is a Delaware corporation with its headquarters at 235
East 42nd Street, New York, NY 10017, which owns and operates a
research-based pharmaceutical company.
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1124
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
POLLOS MARIO: "Bolanios" Suit Seeks to Recover Unpaid Overtime
--------------------------------------------------------------
German Bolanios, on behalf of himself, FLSA Collective Plaintiffs
and the Class v. Pollos Mario 86 Corp. d/b/a Pollos Mario, Hernan
Valencia and Juan Carlos Martinez, Case No. 1:15-cv-02060
(E.D.N.Y., April 13, 2015), seeks to recover unpaid overtime
compensation, liquidated damages and attorneys' fees and costs
pursuant to the Fair Labor Standard Act.
The Defendants own and operate Polios Mario restaurant located at
86-13 Roosevelt Avenue, Jackson Heights, New York 11372.
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1124
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
PRC INDUSTRIES: Fails to Pay Overtime Hours, "Etienne" Suit Says
----------------------------------------------------------------
Eliakim Etienne, individually and on behalf of all others
similarly situated v. PRC Industries, Inc., Case No. 2:15-cv-02029
(E.D.N.Y., April 10, 2015), is brought against the Defendant for
failure to pay overtime wages for work more than 40 hours in a
week.
PRC Industries, Inc. is a New York corporation that is in the
business of remanufacturing, reprocessing, repairing and recycling
of consumer products.
The Plaintiff is represented by:
Abdul Karim Hassan, Esq.
ABDUL HASSAN LAW GROUP, PLLC
215-28 Hillside Avenue
Queens Village, NY 11427
Telephone: (718) 740-1000
Facsimile: (718) 740-2000
E-mail: abdul@abdulhassan.com
PROTEIN SCIENCES: Faces "McEvoy" Suit Over Failure to Pay OT
------------------------------------------------------------
Robert McEvoy, individually and on behalf of other persons
similarly situated v. Protein Sciences Corp., et al., Case No.
3:15-cv-00477 (D. Conn., April 1, 2015), is brought against the
Defendant for failure to pay overtime wages for hours work in
excess of 40 per week.
Protein Sciences Corp. is a Delaware corporation that owns and
operates a pharmaceutical company in New York.
The Plaintiff is represented by:
Suzanne Leeds Klein, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
E-mail: sleeds@vandallp.com
RCN TELECOM: Has Made Unsolicited Calls, "Burke" Suit Claims
------------------------------------------------------------
Dominick Burke, individually and on behalf of classes of similarly
situated individuals v. RCN Telecom Services, LLC, Case No. 1:15-
cv-03198 (N.D. Ill., April 10, 2015), seeks to stop the
Defendant's practice of making unauthorized telephone calls using
a prerecorded or artificial voice.
RCN Telecom Services, LLC is a regional purveyor of voice,
internet and cable television connectivity services.
The Plaintiff is represented by:
Myles McGuire, Esq.
Evan M. Meyers, Esq.
Eugene Y. Turin, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Floor
Chicago, IL 60601
Telephone: (312) 893-7002
Facsimile: (312) 275-7895
E-mail: mmcguire@mcgpc.com
emeyers@mcgpc.com
eturin@mcgpc.com
RETIREMENT GROUP: Faces "Chavarha" Suit Over Failure to Pay OT
--------------------------------------------------------------
Yuriy Chavarha, an individual and on behalf of all others
similarly situated v. The Retirement Group, LLC d/b/a The
Retirement Group, Retirement Group, LLC, The, and Does 1 through
100, inclusive, Case No. 3:15-cv-00816-WQH-BLM (S.D. Cal., April
13, 2015), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act.
The Defendants advertise themselves as a group of financial
professionals who focus entirely on retirement planning and the
design of retirement portfolios for the transitioning corporate
employee.
The Plaintiff is represented by:
John H. Donboli, Esq.
David P. Hall, Esq.
Azar M. Khazian, Esq.
DEL MAR LAW GROUP, LLP
12250 El Camino Real, Suite 120
San Diego, CA 92130
Telephone: (858) 793-6244
Facsimile: (858) 793-6005
E-mail: jdonboli@delmarlawgroup.com
dhall@delmarlawgroup.com
akhazian@delmarlawgroup.com
ROKA AKOR: Faces "Smith" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Bradley Smith, on behalf of himself and and all other persons
similarly situated, known and unknown v. Roka Akor Chicago LLC,
Case No. 1:15-cv-03178 (N.D. Ill., April 10, 2015), is brought
against the Defendants for failure to pay overtime wages for hours
worked in excess of 40 hours in a workweek.
Roka Akor Chicago LLC owns and operates a steak and sushi
restaurant in Chicago, Illinois.
The Plaintiff is represented by:
Maureen Ann Salas, Esq.
Sarah Jean Arendt, Esq.
Zachary Cole Flowerree, Esq.
Douglas M. Werman, Esq.
WERMAN SALAS P.C.
77 W. Washington, Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
E-mail: msalas@flsalaw.com
sarendt@flsalaw.com
zflowerree@flsalaw.com
dwerman@flsalaw.com
RYAN DIRECTIONAL: Faces "Lesnett" Suit Over Failure to Pay OT
-------------------------------------------------------------
Steven Lesnett, Individually and on behalf of others similarly
situated v. Ryan Directional Services Inc., Case No. 4:15-cv-00948
(S.D. Tex., April 10, 2015), is brought against the Defendant for
failure to pay overtime wages in violation of the Fair Labor
Standard Act.
Ryan Directional Services Inc. operates an oilfield service
company, providing directional and horizontal drilling services to
the oil and gas industry.
The Plaintiff is represented by:
Michael A. Josephson, Esq.
FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, LLP
1150 Bissonnet Street
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: mjosephson@fibichlaw.com
S&P DATA: Faces "Davison" Suit Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Audrey L. Davison, individually and on behalf of herself and all
other similarly situated persons and Jama'a Cox v. S&P Data Ohio,
LLC, Case No. 1:15-cv-00724-SO (N.D. Ohio, April 14, 2015), is
brought against the Defendant for failure to pay overtime
compensation in violation of the Fair Labor Standard Act.
S&P Data Ohio, LLC operates a telemarketing call center in
Cleveland, Ohio which provides customer sales and service support.
The Plaintiff is represented by:
Leonard F. Lybarger, Esq.
LAW OFFICE OF LEONARD F. LYBARGER
270 Landmark Centre
25700 Science Park Drive
Beachwood, Ohio 44122
Telephone (440) 708-2000
Facsimile (216) 771-8404
E-mail: llybarger@lybargerlasw.net
S-3 PUMP: "Roche" Seeks to Recover Unpaid Overtime Wages
--------------------------------------------------------
Jason Roche, Shane Talley, Blake Vines, James Wedgeworth, Brandon
Burris, Sean Follis and David Jurgens, each individually and on
behalf of all others similarly situated v. S-3 Pump Service, Inc.,
Case No. 5:15-cv-00268 (W.D. Tex., April 9, 2015), seeks to
recover unpaid overtime wages and damages pursuant to the Fair
Labor Standard Act.
S-3 Pump Service, Inc. is a for-profit, foreign corporation that
providing products and services in the oil and gas industry,
throughout the United States.
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM PLLC
One Financial Center
650 S. Shackleford-Ste 411
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: josh@sanfordlawfirm.com
SAN FRANCISCO, CA: Settles Action Arising From Ban on Nudity
------------------------------------------------------------
A group of nudists fighting San Francisco's ban on nudity without
a permit have settled with the city, ending their 28-month battle
against the ordinance, reports William Dotinga, writing for
Courthouse News Service.
Terms of the partial settlement were not disclosed, although both
parties agreed to stay proceedings for 60 days to prepare
documents. The settlement also preserves the nudists' right to
appeal a decision this past December by U.S. District Judge Edward
Chen in which he declined to stop enforcement of San Francisco's
nudity ban on political free speech grounds.
The San Francisco Board of Supervisors voted in November 2012 to
prohibit "genital exposure" on all city sidewalks, plazas,
parklets, streets and public transport, except during permitted
activities such as the Pride Parade, Folsom Street Fair and Bay to
Breakers race.
Nudists struck back by filing a federal class action to prevent
the ordinance from taking effect, claiming that nudity is an
integral part of their personal and political expression and
protected by the First Amendment.
The settlement ends the only claim Chen left standing -- that San
Francisco police had selectively targeted the nudists to suppress
their political views during two separate protests against the ban
at City Hall.
A status conference on the settlement is slated for May.
The Plaintiffs are represented by:
D. Gill Sperlein, Esq.
THE LAW OFFICE OF D. GILL SPERLEIN
345 Grove Street
San Francisco, CA 94114
Telephone: (415) 404-6615
Facsimile: (415) 404-6616
E-mail: gill@sperleinlaw.com
- and -
Lawrence G. Walters, Esq.
WALTERS LAW GROUP
195 West Pine Ave.
Longwood, FL 32750
Telephone: (407) 975-9105
E-mail: larry@firstamendment.com
The Defendants are represented by:
Dennis J. Herrera, Esq., City Attorney
Tara M. Steeley, Esq.
OFFICE OF THE CITY ATTORNEY
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Telephone: (415) 554-4700
Facsimile: (415) 554-4745
The case is Oxane "Gypsy" Taub and George Davis v. City and County
of San Francisco and the San Francisco Police Department, Case No.
3:12-cv-05841-EMC (NJV), in the U.S. District Court for the
Northern District of California, San Francisco Division.
SANFORD AUTO: "Luckett" Suit Seeks to Recover Unpaid OT Wages
-------------------------------------------------------------
Jamie Luckett, on his own behalf and others similarly situated v.
Sanford Auto Dealers Exchange, Inc., Case No. 6:15-cv-00593 -ACC-
DAB (M.D. Fla., April 13, 2015), seeks to recover unpaid overtime
compensation and other relief pursuant to the Fair Labor Standard
Act.
Sanford Auto Dealers Exchange, Inc. is a Florida corporation that
owns and operates a car shop in Seminole County, Florida.
The Plaintiff is represented by:
Carlos V. Leach, Esq.
MORGAN & MORGAN, PA
Ste 1600, 20 N Orange Ave
Orlando, FL 32802-4979
Telephone: (407) 420-1414
Facsimile: (407) 425-3341
E-mail: cleach@forthepeople.com
SECURUS TECHNOLOGIES: Faces Antitrust Claims by Texas Prisoners
---------------------------------------------------------------
A giant telecom company pays Denton County, Texas, kickbacks for a
monopoly on "video visitation," after the county banned face-to-
face visits, prisoners claim in an antitrust class action, reports
Erik de la Garza at Courthouse News Service.
Lead plaintiff Elizabeth Paige Young sued Securus Technologies
Holdings on March 25 in Denton County Court.
Another prisoner, Derrick Matthew Rice, sued Securus, Denton
County and its sheriff and the Texas Commission on Jail Standards,
individually, on March 23.
Citations in this article are taken from the class action
complaint.
Young et al. claim that Securus gained monopoly power as sole
supplier of video-visitation services after the county banned
traditional, face-to-face visits in exchange for a 20 percent
commission of revenue.
Young is the mother of an infant son with a Denton County inmate.
She says that the video-visitation fees of up to $20 per visit
make it difficult for the child and his father to interact.
Attorneys can meet with their clients in person under the policy,
but families cannot.
"As a result of Denton County's termination of face-to-face
visitation, non-profession individuals (family, friends, spouses,
children, clergy, etc.) desiring to visit an inmate held in a
Denton County Correctional Facility have only one option, use of
the Securus products contracted for by Denton County, and payment
of the associated fees and costs. Every other avenue of
visitation has been revoked by the new visitation policy," Young
says in the complaint
The Denton County Commissioner's Court approved the video
visitation service in July 2014. Denton County Sheriff Will
Travis began enforcing the policy on Jan. 31.
The plaintiffs say the mandatory use of the video-visitation
system caused them to incur unreasonable costs they would have not
otherwise have had to pay.
"As a direct result, plaintiffs and plaintiff's children will be
prohibited from speaking with, seeing, or otherwise communicating
with (the) inmate until he is released from custody," Young says.
She adds: "Denton County is contractually obligated, by the ITS
[Inmate Telephone Service] Agreement with Securus, to prohibit in-
person (face-to-face) visitation for non-professional visitors.
This prohibition maximizes the financial burden on those desiring
to visit the inmates, and maximizes Securus' profits, with which
it pays Denton County a substantial kickback."
According to the 31-page complaint, Denton County also reduced the
inmate visitation policy by 85.7 percent, from two visits per
visitation day, to two visits a week.
Both policy changes affected the Denton County Jail, Denton County
Juvenile Detention Facility and Denton County Pre-Trial.
Rice challenged the policy under Texas law.
Young et al. claim the policy violates state laws against
monopoly, attempted monopolization, restraint of trade, illegal
tying arrangements and exclusive dealings, and violates Sherman
Act provisions against conspiracy and monopolization. She seeks
class certification, declaratory judgment, an injunction, treble
damages and costs.
Securus, which is based in Dallas, did not respond to request for
comment March 30.
Plaintiff Elizabeth Paige Young is represented by:
J. Edward Niehaus, Esq.
BODKIN, NIEHAUS AND DICKSON, PLLC
207 W. Hickory St., Suite 309
Denton, TX 76201
Telephone: (940) 600-7695
Facsimile: (888) 314-7695
Plaintiff Derrick Matthew Rice is represented by:
Richard Gladden, Esq.
LAW OFFICE OF RICHARD GLADDEN
1411 N Elm Street
Denton, TX 76201-3089
Telephone: (940) 323-9307
SPRINT NEXTEL: To Pay Class $131-Mil. to Settle Merger Fraud Suit
-----------------------------------------------------------------
Sprint will pay $131 million to settle a class action from
investors who claim it defrauded them in its $36 billion merger
with Nextel in 2005, reports Deb Hipp at Courthouse News Service.
Defendants Sprint Nextel Corp., former Sprint chairman and CEO
Gary D. Forsee, former Sprint CEO Paul N. Saleh and former Sprint
CFO and Controller William G. Arendt denied wrongdoing or
liability in the proposed federal settlement.
The settlement, which is pending approval, stipulates the
defendants will pay $131 million in cash into a court-supervised
settlement fund to cover investors' attorneys' fees and claims.
The settlement came after more than five years of complex, which
produced 8.7 million pages of court documents and included
multiple mediation sessions with a mediator and retired judge, who
offered the settlement proposal.
The class consists of everyone who bought or acquired common stock
of Sprint Nextel Corporation between Oct. 26, 2006, and Feb. 27,
2008.
Lead plaintiff PACE Industry Union-Management Pension Fund claimed
that Sprint and its executive defendants issued false and
misleading statements about the merger, including empty promises
that Sprint would receive billions of dollars in merger synergies
and that Sprint had improved its customer mix as a result of
tightening credit standards when it had actually loosened them.
They also claimed that Sprint traded its stock at inflated levels
from 2006 to 2008.
"By misrepresenting demand for Sprint's products, the defendants
presented a misleading picture of Sprint's business and prospects.
Thus, instead of truthfully disclosing during that Sprint's
business was not as healthy as represented, defendants
misrepresented the benefits of the Nextel acquisition," the
complaint stated.
The class called the merger a "disaster" due to culture clashes
and technological issues, and claimed that "Sprint included its
false financial statements and results in press releases and in
its SEC filings."
Sprint told the Kansas City Star that it "reached an agreement to
settle this matter to avoid further expense and distraction of
this litigation."
The $131 million settlement represents a recovery of 12 percent of
the estimated aggregate damages, according to lead plaintiffs'
counsel.
A March 31 hearing for approval of the settlement was canceled and
has not yet been rescheduled.
STARVIEW NEW YORK: Faces "Manzanares" Suit Over Failure to Pay OT
-----------------------------------------------------------------
Juan Manzanares and Juan Pablo Flores Alvares, individually and on
behalf of all other persons similarly situated v. Starview New
York Catering LLC, Michael Psarros and Sebastiano Cappitta, Case
No. 1:15-cv-02020 (E.D.N.Y., April 10, 2015), is brought against
the Defendants for failure to pay overtime wages in violation of
the Fair Labor Standard Act.
The Defendants own and operate a restaurant located at 25-20 39th
Avenue, Long Island City, New York 11101.
The Plaintiff is represented by:
Lloyd Robert Ambinder, Esq.
VIRGINIA & AMBINDER LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
Facsimile: (212) 943-9082
E-mail: lambinder@vandallp.com
STUART PETROLEUM: Faces "Moore" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Mark Moore, individually and on behalf of all others similarly
situated v. Stuart Petroleum Testers, Inc., and Scott Yariger,
Case No. 1:15-cv-00282 (W.D. Tex., April 13, 2015), is brought
against the Defendants for failure to pay overtime wages for work
more than 40 hours in a workweek.
Stuart Petroleum Testers, Inc. is a Texas corporation that
provides oil and gas well monitoring services to energy companies
nationwide.
The Plaintiff is represented by:
Galvin B. Kennedy, Esq.
KENNEDY HODGES, L.L.P.
711 W. Alabama St.
Houston, TX 77006
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: gkennedy@kennedyhodges.com
STUDEBT INC: Faces "Hardin" Suit in Cal. Over Unsolicited Calls
---------------------------------------------------------------
Tenley Hardin, individually and on behalf of all others similarly
situated v. Studebt Inc., Case No. 2:15-cv-02666 (C.D. Cal., April
10, 2015), seeks to put an end on the Defendant's practice of
placing call on the cellular telephones using an automatic
telephone dialing system.
Studebt Inc. is in the business of providing consolidation
services for students and former students with student loans.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Suren N. Weerasuriya, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
324 S. Beverly Drive, #725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: tfriedman@attorneysforconsumers.com
sweerasuriya@attorneysforconsumers.com
abacon@attorneysforconsumers.com
SUN CAPITAL: Sued Over Failure to Design Blind-Accessible POS
-------------------------------------------------------------
Andres Gomez, On behalf of himself and all others similarly
situated v. Sun Capital Partners, Inc., Case No. 1:15-cv-21389
(S.D. Fla., April 10, 2015), is brought against the Defendant for
failure to design Point Of Sale Devices (POS Devices) that are
fully accessible to, and independently usable by, blind and
visually impaired persons.
Sun Capital Partners, Inc. owns and operates The Limited clothing
store located at Dadeland Mall, 7297 N Kendall Dr, Miami, FL
33156.
The Plaintiff is represented by:
Brian Tse-Hua Ku, Esq.
Louis I. Mussman, Esq.
KU & MUSSMAN PA
6001 NW 153 STREET, Suite 100
Miami Lakes, FL 33014
Telephone: (305) 891-1322
Facsimile: (305) 891-4512
E-mail: brian@kumussman.com
louis@kumussman.com
TACO BELL: Sued in California for Refusing to Redeem Gift Cards
---------------------------------------------------------------
Courthouse News Service reports that Taco Bell won't redeem gift
cards after their face value falls below $10, a class action
claims in California Superior Court.
TEXAS ROADHOUSE: Suit Seeks to Recover Unpaid Wages and Damages
---------------------------------------------------------------
Rachel Bontempi and Tiffany Tatham, individually and on behalf of
all others similarly situated v. Texas Roadhouse, Inc., Texas
Roadhouse Management Corp., Texas Roadhouse Holdings, LLC, and TR
Ventures of South Carolina, LLC, d/b/a Texas Roadhouse, Case No.
3:15-cv-01587 -TLW (D.S.C., April 10, 2015), seeks to recover
unpaid minimum wages, liquidated damages, and other relief under
the Fair Labor Standards Act.
The Defendants own and operate Texas Roadhouse-franchised
restaurants.
The Plaintiff is represented by:
Badge Humphries, Esq.
James Mixon Griffin, Esq.
Margaret Nicole Fox, Esq.
LEWIS BABCOCK AND GRIFFIN
PO Box 768
Sullivan's Island, SC 29482
Telephone: (843) 883-7444
Facsimile: (843) 883-7462
E-mail: bh@lbglegal.com
jmg@lbglegal.com
mnf@lbglegal.com
- and -
Todd R. Ellis, Esq.
TODD ELLIS LAW OFFICE
7911 Broad River Road, Suite 100
Irmo, SC 29063
Telephone: (803) 732-0123
Facsimile: (803) 732-0124
E-mail: todd@toddellislaw.com
W CORP: "Louismar" Suit Seeks to Recover Unpaid Overtime Wages
--------------------------------------------------------------
Maria Louismar, on behalf of herself and others similarly situated
v. W. Corp Petroleum, Inc., 951 Petroleum Corp, Inc., and Najeeb
Ullah, Case No. 2:15-cv-00230-SPC-CM (M.D. Fla., April 10, 2015),
seeks to recover unpaid overtime wages and damages pursuant to the
Fair Labor Standard Act.
The Defendants own and operate an oil and gas company doing
business in Florida.
The Plaintiff is represented by:
Bill B. Berke, Esq.
BERKE LAW FIRM, PA
4223 Del Prado Blvd. S.
Cape Coral, FL 33904
Telephone: (239) 549-6689
Facsimile: (239) 549-3331
E-mail: Berkelaw@yahoo.com
WAL-MART STORES: Accused of Wrongful Conduct Over Eye Care Goods
----------------------------------------------------------------
Elizabeth J. Vancleave, individually and on behalf of a class of
similarly situated individuals v. Wal-Mart Stores, Inc., and
National Vision, Inc., Case No. 1:15-cv-01657 (N.D. Cal., April
10, 2015), arises out of the Defendant's pattern and practice of
overcharging consumers, through Wal-Mart Vision Centers and Sam's
Club Optical stores, for eye care goods and services, specifically
by misrepresenting the amount of consumers' insurance benefits and
discounts and then charging both the consumer and their insurance
company for the same goods and services.
Wal-Mart Stores, Inc. is a Delaware corporation and has its
principal place of business in Bentonville, Arkansas. It owns and
operates discount and warehouse stores throughout the United
States.
National Vision, Inc. is a Georgia corporation that owns and
operates over 800 optical retail stores throughout the United
States.
The Plaintiff is represented by:
David C. Parisi, Esq.
Suzanne Havens Beckman, Esq.
PARISI & HAVENS LLP
212 Marine Street, Suite 100
Santa Monica, CA 90405
Telephone: (818) 990-1299
Facsimile: (818) 501-7852
E-mail: dparisi@parisihavens.com
shavens@parisihavens.com
- and -
Yitzchak H. Lieberman, Esq.
PARASMO LIEBERMAN LAW
7400 Hollywood Blvd, #505
Los Angeles, CA 90046
Telephone: (917) 657-6857
Facsimile: (877) 501-3346
E-mail: ylieberman@parasmoliebermanlaw.com
WALGREEN CO: Sued in N.D. Ill. Over Misleading Financial Reports
----------------------------------------------------------------
Washtenaw County Employees' Retirement System, individually and on
behalf of all others similarly situated v. Walgreen Co., Gregory
D. Wasson and Wade Miquelon, Case No. 1:15-cv-03187 (N.D. Ill.,
April 10, 2015), alleges that the Defendants made false and
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects.
Based in Deerfield, Illinois, Walgreen Co. is the largest drug
retailing chain in the United States.
The Plaintiff is represented by:
James E. Barz, Esq.
Frank A. Richter, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
200 South Wacker Drive, 31st Floor
Chicago, IL 60606
Telephone: (312) 674-4674
Facsimile: (312) 674-4676
E-mail: jbarz@rgrdlaw.com
frichter@rgrdlaw.com
WARDLAW CLAIMS: "Tetley" Suit Seeks to Recover Unpaid OT Wages
--------------------------------------------------------------
Timothy Craig Tetley, on behalf of himself and all other similarly
situated consumers v. Wardlaw Claims Service, L.L.P. and William
Wardlaw, Case No. 6:15-cv-00121 -WSS (W.D. Tex. Apr 14, 2015),
seeks to recover unpaid overtime, liquidated damages, injunctive
relief, declaratory relief, and a reasonable attorney's fee and
costs pursuant to the Fair Labor Standard Act.
Wardlaw Claims Service, L.L.P. provides catastrophic and other
insurance adjusting services to insurance companies throughout the
United States.
The Plaintiff is represented by:
Charles L. Scalise, Esq.
Daniel B. Ross, Esq.
ROSS LAW P.C.
1104 San Antonio Street
Austin, TX 78701
Telephone: (512) 474-7677
Facsimile: (512) 474-5306
E-mail: charles@rosslawgroup.com
dan@rosslawgroup.com
WATER TRANSFER: Faces "Brorman" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Christian Brorman and Christopher Pustejousky, individually and on
behalf of others similarly situated v. Water Transfer, LLC, Case
No. 7:15-cv-00051 (W.D. Tex., April 10, 2015), is brought against
the Defendant for failure to pay overtime wages for worked in
excess of 40 hours per week.
Water Transfer, LLC is a Texas limited liability company that
provides of water transfer equipment, personnel, and service to
the Permian Basin.
The Plaintiff is represented by:
Andrew W. Dunlap, Esq.
Lindsay R. Itkin, Esq.
Michael A. Josephson, Esq.
FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON
1150 Bissonnet
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: ADunlap@fibichlaw.com
litkin@fibichlaw.com
mjosephson@fibichlaw.com
WEATHERFORD INTERNATIONAL: Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Jeffry Daniels, individually and on behalf of all others similarly
situated v. Weatherford International, LLC, Case No. 4:15-cv-00935
(S.D. Tex., April 9, 2015), seeks to recover unpaid overtime wages
and damages pursuant to the Fair Labor Standard Act.
Weatherford International, LLC owns and operates a Delaware
oilfield services company doing business in Texas.
The Plaintiff is represented by:
Michael A. Josephson, Esq.
FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, LLP
1150 Bissonnet Street
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: mjosephson@fibichlaw.com
WORLD WRESTLING: Sued Over Denial of Wrestlers Medical Research
---------------------------------------------------------------
Russ McCullough, a/k/a Big Russ McCullough, Ryan Sakoda, and
Matthew R. Wiese, a/k/a Luther Reigns, individually and on behalf
of all others similarly situated v. World Wrestling Entertainment,
Inc., Case No. 2:15-cv-02662 (C.D. Cal., April 9, 2015), alleges
that the Defendant concealed and denied medical research and
evidence concerning traumatic brain injuries suffered by WWE
wrestlers.
World Wrestling Entertainment, Inc. is a Delaware corporation that
is known to be the largest wrestling entertainment organization in
the world.
The Plaintiff is represented by:
Michael McShane, Esq.
Jonas P. Mann, Esq.
AUDET & PARTNERS, LLP
221 Main Street, Suite 1460
San Francisco CA 94105
Telephone: (415) 568-2555
Facsimile: (415) 568-2556
E-mail: mmcshane@audetlaw.com
jmann@audetlaw.com
XPRESSPA AT TERM: Fails to Pay Employees Overtime, Suit Claims
--------------------------------------------------------------
Stephanie Montenegro, Kathleen Castillo, and Vanessa Barrett, on
behalf of themselves, FLSA Collective Plaintiffs and Class Members
v. XpresSpa at Term.4JFK, LLC, et al., Case No. 1:15-cv-02057
(E.D.N.Y., April 13, 2015), is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standard Act.
XpresSpa at Term.4JFK, LLC owns and operates an airport spa
treatment facility that provides massages, manicures and other spa
treatments to travelers.
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Telephone: (212) 465-1124
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
YOUKU TUDOU: Faces "Jahm" Suit Over Misleading Financial Reports
----------------------------------------------------------------
Rashid Jahm, individually and on behalf of all others similarly
situated v. Youku Tudou, Inc., Victor Wing Cheung Koo, and Michael
Ge Xu, Case No. 1:15-cv-02875 (S.D.N.Y. Apr 14, 2015), alleges
that the Defendants made false and misleading statements, as well
as failed to disclose material adverse facts about the Company's
business, operations, and prospects.
Youku Tudou, Inc. purports to be China's leading Internet
television company.
The Plaintiff is represented by:
Gregory Mark Nespole, Esq.
Matthew M. Guiney, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, New York 10016
Telephone: (212) 545-4600
Facsimile: (212) 686-0114
E-mail: Nespole@whafh.com
Guiney@whafh.com
- and -
Jeffrey C. Block, Esq.
Jason M. Leviton, Esq.
Steven P. Harte, Esq.
BLOCK & LEVITON LLP
155 Federal Street, Suite 400
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
E-mail: Jeff@blockesq.com
Jason@blcokesg.com
Steven@blockesg.com
ZAPPOS INC: Bid to Enforce Deal Denied Due to Issue on Legal Fees
-----------------------------------------------------------------
Mike Heuer, writing for Courthouse News Service, reports that a
dispute over "extravagant" attorney's fees stopped a proposed
class action settlement between Zappos and customers whose
personal information was stolen by hackers.
U.S. District Judge Robert C. Jones on March 27 denied a motion to
enforce a proposed settlement between the plaintiff class and
Zappos.
Although Zappos and the class reached a tentative settlement, a
disagreement over attorney's fees halted negotiations.
In his 6-page order, Jones said Zappos sent a revised copy of a
memorandum of understanding regarding the tentative settlement,
but left blank the amounts for attorney's fees.
Class attorneys wrote, "TBD'' and "to be determined and inserted
upon mediation,'" signed the document and sent it back to Zappos.
Zappos did not sign the memorandum and asked for a demand of
attorney's fees from the plaintiff class.
A mediator on Nov. 10, 2014 got an offer from the class, but
Zappos called it "extravagant" and broke off mediation talks.
Zappos renewed motions to dismiss and strike the complaint on Jan.
30, and the class filed a motion to enforce the proposed
settlement outlined in the memorandum of understanding.
Jones found that Zappos never signed the memorandum of
understanding, so there is no "binding settlement contract because
the parties failed to have a 'meeting of the minds' on the
essential term of the agreement -- attorney's fees."
Without a limit on attorney's fees, Jones said, Zappos would not
agree to the proposed settlement.
"It would be unfair to hold Zappos to an agreement that was
unsigned where the document clearly appears to not be a final
draft, given that the amounts of attorneys' fee and costs were not
included," Jones wrote. "Surely Zappos was not giving plaintiffs
a 'blank check' to fill in any fee cap that plaintiffs' counsel
thought justified.
"The fact that Zappos' counsel left the lines blank for
'attorneys' fees, litigation expenses and costs' as well as for
the 'incentive award' screams that the [memorandum] was still in
draft form and not a finalized agreement representing a meeting of
the minds on all essential terms."
Jones found the issue of attorney's fees material to the
settlement and denied plaintiffs' motion to compel Zappos to
comply with it.
Jones granted a separate motion by plaintiffs to extend the time
they have to respond to Zappos' motions to dismiss and strike.
The class action arose from a January 2012 hacker attack on Zappos
servers in Shepherdsville, Ky.
Hackers got the names, phone numbers, account numbers, passwords,
e-mail addresses, billing and shipping addresses and last four
digits of credit cards of millions of Zappos customers. On
January 16, 2012, Zappos sent e-mails to 24 million customers
notifying them of the data breach.
Lead counsel for the class, which sued on June 14, 2012, is:
Mark K. Gray, Esq.
GRAY AND WHITE LAW
713 E Market St., #200
Louisville, KY 40202
Telephone: (502) 210-8942
Facsimile: (502) 618-4059
Toll Free: (888) 450-4456
E-mail: mgray@grayandwhitelaw.com
Zappos, which was bought by Amazon.com in 2009, is represented by:
Robert McCoy, Esq.
Raleigh C. Thompson, Esq.
MORRIS LAW GROUP
900 Bank of America Plaza
300 South Fourth Street
Las Vegas, NV 89101
Telephone: (702) 474-9400
Facsimile: (702) 474-9422
E-mail: rrm@morrislawgroup.com
rct@morrislawgroup.com
The case is In re Zappos, Inc., Security Breach Litigation, Case
No. 3:12-cv-00325-RCJ-VPC, in the U.S. District Court for the
District of Nevada.
ZAZA PAS: Faces "Olmedo" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Javier Olmedo, on behalf of himself and all other employees
similarly situated v. Zaza Pas, Inc. and Concetta Donati, Case No.
1:15-cv-03184 (N.D. Ill., April 10, 2015), is brought against the
Defendants for failure to pay overtime wages for hours worked in
excess of 40 hours in a workweek.
The Defendants own and operate a restaurant in Cook County,
Illinois.
The Plaintiff is represented by:
David Erik Stevens, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Telephone: (312) 307-0766
E-mail: Dave@StevensLawLLC.com
*********
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