/raid1/www/Hosts/bankrupt/CAR_Public/150703.mbx
C L A S S A C T I O N R E P O R T E R
Friday, July 3, 2015, Vol. 17, No. 132
Headlines
3D SYSTEMS: Faces "Romano" Suit Over Misleading Fin'l Reports
ACELRX PHARMACEUTICALS: Defending Against Class Suit Over Zalviso
ADVANCED DERMATOLOGY: Sued Over Failure to Pay Overtime Wages
AMETEK INC: Removed "Trujillo" Class Suit to S.D. California
APOLLO GLOBAL: Faces Laborers' Suit Over Proposed OM Group Merger
APPLE INC: Must Cooperate with Court-Appointed Antitrust Monitor
ASSOCIATED MATERIALS: Says Additional Warranty Costs Expected
ATLANTIC LAW: Removed "Williams" Suit to Del. Superior Court
AUTOCAR: Recalls 2011 ACX Models Due to Injury Hazard
BANYAN EQUITY: "Charles" Suit Seeks to Recover Unpaid Overtime
BARCLAYS BANK: Restraints Electricity Trades, Merced Suit Claims
BERKSHIRE HATHAWAY: Illegally Hacked Litigation Files, Suit Says
BISTRO CACAO: "Hercules" Suit Seeks to Recover Unpaid Overtime
BMW OF NORTH AMERICA: Sued Over Defective Vehicles Modules
BOULDER DOG: Recalls Chicken Sprinkles Due to Salmonella
BUNNIES BY THE BAY: Recalls Pull Toys Due to Chocking Hazard
BW CREATIVE: Recalls ProBuilt Do-It-Yourself Aluminum Railings
CAMDEN PROPERTY: Sued Over Alleged Unauthorized Fees Collection
CAN-ROXY TRADING: Recalls Coconut Cream Powder Due to Milk
CAPE BANCORP: Amended Class Action Complaint Dismissed
CARDINAL HEALTH: Recognized Income From Class Action Settlements
CHAMP'S MUSHROOMS: Updates Recalls on Sliced Mushroom Products
CHRYSLER: Recalls 2001 Sebring Models Due to Defective Airbags
CHUGACH GOVERNMENT: "Galloway" Suit Seeks to Recover Unpaid OT
CITRLX SYSTEMS: Sued in Fla. Over Unlawful Credit Agreement
COLNAGO AMERICA: Recalls Bicycles and Bicycle Frame Kits
COMMERCIAL COLLECTION: Faces "Fiel" Suit Over FDCPA Violations
COULTER VENTURES: Recalls Door Anchors Due to Injury Hazard
CUYAHOGA, OH: Sued Over Failure to Provide Proceeds Notice
FARINELLA LLC: Faces "Carrera" Suit Over Failure to Pay Overtime
FERRARI: Recalls 2014 LaFerrari Models Due to Crash Risk
FERRARI: Recalls 2014 LaFerrari Models due to Noncompliance
FIRST CHOICE: Faces "March" Suit Over Failure to Pay Overtime
GENIE INDUSTRIES: Recalls TZ-34/20 Models Due to Injury Risk
GLOBAL MARKETING: Faces "Thompson" Suit Over TCPA Breach
GLOBAL POWER: Faces "Budde" Suit Over Misleading Fin'l Reports
GOOD SEED: Recalls Soybean and Mung Bean Sprouts Due to Listeria
GULF STREAM: Recalls 2019 Canyon Trail Models Due to Fall Risk
HCA HOLDINGS: Trial Set for Jan. 2016 in Securities Class Action
HG HOLDINGS: Recalls Recalls Coconut Powder Products Due to Milk
HONDA: Recalls 2003 Accord Models Due to Defective Airbags
HSBC FINANCE: Oct. 2015 Final Settlement Approval Hearing Set
HSBC FINANCE: Distribution Begins in TCPA Settlement
HUNTINGTON BANCSHARES: No Ruling Issued on Motion to Dismiss
HUNTINGTON BANCSHARES: No Ruling Issued on Motion to Certify
ICONIX BRAND: Sued in S.D.N.Y. Over Misleading Financial Reports
ICONIX BRAND: Faces "Lazaro" Suit Over Misleading Fin'l Reports
IMPERIAL TOBACCO: Judge Awards US$12 Billion to Quebec Smokers
INTEGRATED SILICON: 3 Stockholder Class Action Complaints Filed
INTERCONTINENTAL EXCHANGE: Dismissal of Amended Complaint Sought
INTERCONTINENTAL EXCHANGE: Court Dismissed Three Class Actions
JEWS OFFERING: "Gay Conversion" Therapy Fraud Trial Begins
JPMORGAN CHASE: 2 Additional Class Actions Filed in Early 2015
JPMORGAN CHASE: Dismissal Bid in US Dollar LIBOR Cases Pending
JPMORGAN CHASE: Facing Euroyen TIBOR and Yen LIBOR Cases
JPMORGAN CHASE: Class Action Related to EURIBOR Currently Stayed
JPMORGAN CHASE: Facing Suit Over Swiss Franc LIBOR
JPMORGAN CHASE: Moved to Dismiss ISDAFIX Rates Class Action
JPMORGAN CHASE: SC Denied Petition for Writ of Certiorari
JPMORGAN CHASE: Appeal of Decision in Madoff Lawsuit Pending
JPMORGAN CHASE: Settlement in JPMC and Bear Stearns Case Okayed
KAM WAH: Recalls Dry Pan or Spicy Condiments Due to Peanuts
KAM WAH: Recalls Lollipop Candies Due to Milk
KENTECH CONSULTING: Sued in Cal. Over Inaccurate Consumer Reports
KEY ENERGY: Opposition to Class Certification Motion Due
KEY ENERGY: Services Unit Seeks Class Action Dismissal
KEY ENERGY: Two Collective Actions Filed in Texas
KEY ENERGY: Collective Action Filed in Pennsylvania
KIA MOTORS: Faces "Caudillo" Suit Over Defective Sunroofs
KRIEGER KIDDIE: Faces "Mello" Suit Over Failure to Pay Overtime
LA MEXICANA: Recalls Spinach Dip Products Due to Milk
LAND ROVER: Recalls 2012 LR4 Models Due to Injury Hazard
LAND ROVER: Recalls Multiple Vehicle Models Due to Injury Hazard
LTD FINANCIAL: Faces "Baez" Suit Over FDCPA Violation
MALLINCKRODT PUBLIC: Settlement Subject to Final Court Approval
MAXIM HEALTHCARE: "Crother" Suit Seeks to Recover Unpaid Overtime
MCCORMICK & CO: Sued Over Deceptive Trade Practices
METALICO INC: Faces "Britten" Suit Over Proposed Total Merger
METALICO INC: Faces "Malkiel" Suit Over Proposed Total Merger
MORGAN STANLEY: Fails to Pay Employees OT, "Johnson" Suit Says
MOTOR COACH: Recalls J Series Models Due to Manufacturing Defect
MVVT MOTORS: Faces "Pham" Suit Over Failure to Pay Overtime Wages
NATIONAL LAMPOON: Settles Fraud Lawsuit for $3 Million
NATIONSTAR MORTGAGE: Sued in Cal. Over Inaccurate Credit Reports
NCR CORPORATION: Faces "Johnson" Suit Over FCRA Violation
NIF CORPORATION: Faces "White" Suit Over Failure to Pay Overtime
NINE ENERGY: Faces "Morley" Suit Over Failure to Pay Overtime
NKS OCEAN: "Neilan" Suit Seek to Recover Unpaid Overtime Wages
OFFICE DEPOT: Court Named Miller and Renous as Co-Plaintiffs
OFFICE DEPOT: Wants Florida Actions Dismissed for Improper Venue
OFFICE DEPOT: "Heitzenrater" Case in Early Stage
OFFICE DEPOT: "Rivet" Class Action Pending
OILFIELD EQUIPMENT: Faces "Coker" Suit Over Failure to Pay OT
OLIVERII CORPORATION: Sued Over Failure to pay Overtime Wages
PALI NORTH: Recalls Children's Furniture Due to Fall Hazard
PANARIUM KISSENA: Sued in E.D.N.Y. Over Illegal Meal Deductions
PANCHO'S FAMILY: Faces "Magallan" Suit Over Failure to Pay OT
PEARCE & DURICK: Sued Over Failure to Review Investment Documents
PETSMART INC: Recalls Aquarium Heaters Due to Electric Shock Risk
PINNACLE FOODS: Recalls Poultry Products Due to Misbranding
PNS STORES: Sued Over Wheelchair Inaccessible Facility
PROCYCLE GROUP: Recalls Racing Bicycles and Bicycle Frame Kits
PROJECT 7: Recalls Sour Caramel Apple Gum Products Due to Dairy
QRX PHARMA: Sued Over Misleading Reports on Moxdou Drugs Efficacy
RAYMOND-HADLEY: Recalls Phoebe Mote Products Due to Sulfites
RESTAURANT BRANDS: $8.5MM Settlement Has Final Court Approval
ROOT9B TECHNOLOGIES: Sued Over Misleading Financial Reports
SABRE CORPORATION: To Appeal Class Action Filed by San Antonio
SANOFI-AVENTIS: Recalls Allerject Solutions Due to Device Defects
SANOFI-AVENTIS: Recalls Allerject Due to Manufacturing Defect
SAPUTO INC: Recalls Roquefort Cheese Products Due to Bacteria
SHASTA: Recalls Multiple Travel Trailer Models
SHIRK'S MEAT: Recalls Pork and Beef Products Due to Listeria
STARCRAFT: Recalls 2014 AR-ONE Models Due to Incorrect Tire Info
STERLING: Recalls 2008 Bullet Models Due to Defective Airbag
SWISSPORT SA: "Aguilar" Suit Seeks to Recover Unpaid Overtime
TECAN AUSTRIA: Recalls Microplate Readers
TOWERS WATSON: Class Action Pending in British Columbia
TOWERS WATSON: TWDE and Other Defendants Respond to Complaint
TRINITY INDUSTRIES: Faces Damages Over Guardrail Design Changes
TRUE LEAF: Faces "Gomez" Suit Over Failure to Pay Overtime Wages
TORNIER N.V.: Tennessee Circuit Court Transferred Warwick Suit
UBER TECHNOLOGIES: Faces "Richardson" Suit Over Failure to Pay OT
UNITED SALAD: Recalls Sliced Crimini Mushrooms Due to Listeria
VENUS FOODS: Recalls Pork Sausage Products Due to Misbranding
WALTER ENERGY: Evidentiary Hearing on Certification Motion Held
WELLS FARGO: Sued in Cal. Over Inaccurate Payoff Statements
Asbestos Litigation
ASBESTOS UPDATE: Pa. Court Vacates Ruling in "McCloskey" Suit
ASBESTOS UPDATE: Pa. Court Refuses to Remand "McAfee" Suit
ASBESTOS UPDATE: NY App. Div. Affirms Ruling in "Pienta" Suit
ASBESTOS UPDATE: Bid to Bar Witness in "Hall" Suit Denied
ASBESTOS UPDATE: Tex. Court Recommends Dismissal of "Flores" Suit
ASBESTOS UPDATE: Wash. App. Affirms Ruling in "Sundberg" Suit
ASBESTOS UPDATE: Take-Home Suit Issues Sent to Alabama High Court
ASBESTOS UPDATE: Shipowners Fail in "Bartel" Summary Judgment Bid
*********
3D SYSTEMS: Faces "Romano" Suit Over Misleading Fin'l Reports
-------------------------------------------------------------
Joshua Romano, individually and on behalf of all others similarly
situated v. 3D Systems Corporation, Abraham N. Reichental, and
Damon J. Gregoire, Case No. 0:15-cv-02518-MGL (D.S.C., June 23,
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.
South Carolina-based 3D Systems Corporation is an international 3D
printing company that provides 3D printers, print materials,
custom-parts, and software.
The Plaintiff is represented by:
Peter D. Protopapas, Esq.
RIKARD & PROTOPAPAS LLC
1329 Blanding Street
Post Office Box 5640
Columbia, S.C. 29250
Telephone: (803) 978-6111
Facsimile: (803) 978-6112
E-mail: pdp@rplegalgroup.com
- and -
Jeremy A. Lieberman, Esq.
C. Dov Berger, Esq.
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jlieberman@pomlaw.com
cberger@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ, LLP
Ten South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
ACELRX PHARMACEUTICALS: Defending Against Class Suit Over Zalviso
-----------------------------------------------------------------
AcelRX Pharmaceuticals, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 5, 2015, for
the quarterly period ended March 31, 2015, that the last day for
the Company to respond to the amended complaint was June 1, 2015.
The Company said, "On October 1, 2014, a securities class action
complaint was filed in the U.S. District Court for the Northern
District of California against AcelRx and certain of our current
and former officers. On April 17, 2015, lead plaintiff filed an
amended complaint. The amended complaint alleges that between
September 30, 2013 and July 25, 2014, AcelRx and certain of our
current and former officers violated Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934 in connection with statements
related to our lead drug candidate, Zalviso. The amended complaint
seeks unspecified damages, interest, attorneys' fees, and other
costs. The last day for the Company to respond to the amended
complaint is June 1, 2015. We believe that we have meritorious
defenses and intend to defend against this lawsuit vigorously."
ADVANCED DERMATOLOGY: Sued Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Kathy Perez-White and Barbara Rodriguez, individually and on
behalf of others similarly situated v. Advanced Dermatology of New
York P.C., et al., Case No. 1:15-cv-04858-PGG (S.D.N.Y., June 23,
2015), is brought against the Defendants for failure to pay
overtime wage in violation of the Fair Labor Standard Act.
Advanced Dermatology of New York P.C. owns and operates five
dermatology offices in New York.
The Plaintiff is represented by:
Michael Taubenfeld, Esq.
SERRINS FISHER LLP
233 Broadway, Suite 2340
New York, NY 10279
Telephone: (212) 571-0700
Facsimile: (212) 233-3801
E-mail: michael@serrinsfisher.com
AMETEK INC: Removed "Trujillo" Class Suit to S.D. California
------------------------------------------------------------
The class action lawsuit entitled Danielle Trujillo, et al. v.
Ametek, Inc., Senior Aerospace Ketema, and Does 1 through 100
inclusive, Case No. 37-02015-00018465-CU-TT-CTL, was removed from
the Superior Court, San Diego County, Central Division to the U.S.
District Court Southern District of California (San Diego). The
District Court Clerk assigned Case No. 3:15-cv-01394-GPC-BGS to
the proceeding.
The Plaintiff is represented by:
John P. Fiske, Esq.
GOMEZ TRIAL ATTORNEYS
655 West Broadway, Suite 1700
San Diego, CA 92101
Telephone: (619) 237-3490
Facsimile: (619) 237-3496
E-mail: fiske@gomeztrialattorneys.com
The Defendant is represented by:
Robert J. Parks, Esq.
BUCHANAN INGERSOLL & ROONEY LLP
600 West Broadway, Suite 1100
San Diego, CA 92101-3387
Telephone: (619) 239-8700
Facsimile: (619) 702-3898
E-mail: robert.parks@bipc.com
APOLLO GLOBAL: Faces Laborers' Suit Over Proposed OM Group Merger
-----------------------------------------------------------------
Laborers' Local #231 Pension Fund, individually and on behalf of
all others similarly situated v. Apollo Global Management, LLC, et
al., Case No. 11195-VCN (Del. Ch., June 24, 2015), is a class
action brought on behalf of the public stockholders of OM Group,
Inc. to enjoin the agreement and plan of merger with Apollo Global
Management, LLC by means of a flawed process and for an inadequate
price.
OM Group, Inc. is a Delaware corporation that operates a
technology-driven industrial company serving global markets,
including automotive systems, electronic devices, aerospace and
defense, industrial and medical.
Apollo Global Management, LLC is a Delaware corporation
headquartered at 9 West 57th Street, New York, New York 10019.
Apollo owns and operates an equity firm.
The Plaintiff is represented by:
Joel Friedlander, Esq.
Jeffrey M. Gorris, Esq.
Benjamin P. Chapple, Esq.
FRIEDLANDER & GORRIS, P.A.
222 Delaware Avenue, Suite 1400
Wilmington, DE 19801
Telephone: (302) 573-3500
E-mail: jfriedlander@friedlandergorris.com
jgorris@friedlandergorris.com
bchapple@friedlandergorris.com
- and -
Randall J. Baron, Esq.
David T. Wissbroecker, Esq.
Edward M. Gergosian, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
E-mail: randyb@rgrdlaw.com
DWissbroecker@rgrdlaw.com
EGergosian@rgrdlaw.com
- and -
Michael W. O'Hara, Esq.
CAVANAGH & O'HARA
407 East Adams Street
Springfield, IL 62701
Telephone: (217) 544-1771
APPLE INC: Must Cooperate with Court-Appointed Antitrust Monitor
----------------------------------------------------------------
Larry Neumeister, writing for The Associated Press, reports that
Apple must cooperate with a court-appointed monitor after a judge
found the technology giant colluded with book publishers in 2010
to raise electronic book prices, a federal appeals court said
Thursday.
The 2nd U.S. Circuit Court of Appeals in Manhattan rejected Apple
Inc.'s request that it disqualify Washington lawyer Michael
Bromwich from evaluating Apple's antitrust policies over a two-
year period. U.S. District Judge Denise Cote appointed Mr.
Bromwich as monitor in October 2013 after a civil trial weeks
earlier led her to conclude that Apple had violated antitrust laws
when it entered the electronic book market. Within weeks of his
appointment, Mr. Bromwich complained that Apple failed to turn
over documents, delayed interviews with officers and directors and
used attorneys as shields to block access to its staff.
In court papers, Apple argued that Mr. Bromwich launched a "broad
and amorphous inquisition" that was interfering with its business
operations and imposing substantial and rapidly escalating costs
on it. In ruling on May 28, the appeals court revealed that Mr.
Bromwich originally proposed to bill Apple $1,265 per hour for his
own work, consisting of a $1,100 hourly fee plus a 15 percent
"administrative fee," along with lower rates for the rest of his
team. The fee was later reduced to $1,000 per hour.
It said Mr. Bromwich had billed Apple $138,432 within two weeks of
his appointment, "fueling Apple's allegation that Mr. Bromwich had
jumped the gun to maximize a commercial opportunity."
The 2nd Circuit criticized Bromwich for submitting an affidavit to
support the government in its opposition to Apple's request that
the judge halt Bromwich's work.
"It is certainly remarkable that an arm of the court would
litigate on the side of a party in connection with an application
to the court he serves," Circuit Judge Dennis Jacobs wrote on
behalf of the three-judge panel that heard oral arguments earlier
this year. He called it the "opposite of best practice for a
court-appointed monitor" and said the fee arrangements never
should have been sealed from the public.
In a separate concurring opinion, Judge Jesse M. Furman criticized
Apple for failing to take advantage of a "sensible and effective
process" the trial judge had set up to swiftly resolve any
objections to the monitor's actions.
"The company largely sat on its hands, allowing issues with the
monitor to fester and the relationship to deteriorate, mostly
without the district court's knowledge," he wrote.
Lawyers for Apple did not immediately respond to requests for
comment.
ASSOCIATED MATERIALS: Says Additional Warranty Costs Expected
-------------------------------------------------------------
Associated Materials, LLC said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended April 4, 2015, that the Company expects to
incur additional warranty costs associated with the class action
settlement.
On February 13, 2013, the Company entered into a Settlement
Agreement and Release of Claims (the "Settlement") for a class
action lawsuit filed by plaintiffs and a putative nationwide class
of homeowners regarding certain warranty related claims for steel
and aluminum siding, which became effective on September 2, 2013.
The Company expects to incur additional warranty costs associated
with the Settlement; however, the Company does not believe the
incremental costs, which currently cannot be estimated for
recognition purposes, have been or will be material.
ATLANTIC LAW: Removed "Williams" Suit to Del. Superior Court
------------------------------------------------------------
The class action lawsuit styled Richard J. Williams and Mary Ann
Cloud-Williams, on their behalf and of those similarly situated
Delaware residents v. Atlantic Law Group, LLC, Case No. N15C-05-
00132 FWW, was removed from the Delaware Superior Court to the
U.S. District Court District of Delaware (Wilmington). The
District Court Clerk assigned Case No. 1:15-cv-00529-UNA to the
proceeding.
The Plaintiffs assert claims under the Fair Debt Collection
Practices Act.
The Plaintiff is represented by:
Mark M. Billion, Esq.
BILLION LAW
922 New Road
Wilmington, DE 19805
Telephone: (302) 428-9400
E-mail: markbillion@billionlaw.com
- and -
Peter K. Schaeffer Jr., Esq.
AVENUE LAW
1073 South Governors Avenue
Dover, DE 19904
Telephone: (302) 674-2210
E-mail: schaeffer@avenuelaw.com
The Defendant is represented by:
Kevin J. Mangan, Esq.
WOMBLE CARLYLE SANDRIDGE RICE
222 Delaware Avenue, Suite 1501
Wilmington, DE 19801
Telephone: (302) 252-4361
E-mail: kmangan@wcsr.com
AUTOCAR: Recalls 2011 ACX Models Due to Injury Hazard
-----------------------------------------------------
Starting date: June 9, 2015
Type of communication: Recall
Subcategory: Bus
Notification type: Safety Mfr
System: Engine
Units affected: 32
Source of recall: Transport Canada
Identification number: 2015254TC
ID number: 2015254
On certain vehicles equipped with Cummins Westport ISL-G engines,
excessive engine crankcase pressure could cause the vent tube
assembly elbow to detach from the breather. This could allow
engine oil to come in contact with hot surfaces, increasing the
risk of fire resulting in injury and/or damage to property.
Correction: Dealers will install clamps at both ends of the elbow
of the breather tube assembly and reprogram the Electronic Control
Module (ECM) to improve diagnostic capabilities.
Make Model Model year(s) affected
---- ----- ----------------------
AUTOCAR ACX 2011
BANYAN EQUITY: "Charles" Suit Seeks to Recover Unpaid Overtime
--------------------------------------------------------------
Edward Charles, on behalf of himself individually and all others
similarly situated v. Banyan Equity Management, L.L.C., and
Hammerly Road Apartments, L.L.C., Case No. 4:15-cv-01807 (S.D.
Tex., June 25, 2015), seeks to recover unpaid overtime wages and
damages pursuant to the Fair Labor Standard Act.
The Defendants own and operate a property and asset management
company 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
BARCLAYS BANK: Restraints Electricity Trades, Merced Suit Claims
----------------------------------------------------------------
Merced Irrigation District, on behalf of itself and all others
similarly situated v. Barclays Bank PLC, Case No. 1:15-cv-04878
(S.D.N.Y., June 23, 2015), arises from the Defendants' and others'
alleged unlawful combination, agreement and conspiracy to restrain
the markets for trading electricity and electricity-related
contracts which set the daily index prices for four major western
U.S. trading hubs, published by the Intercontinental Exchange
(ICE) and the daily index prices published by Dow Jones
Corporation for the same hubs.
Headquartered in London, England, Barclays Bank PLC, together with
its subsidiaries, provides financial services in the United
Kingdom, Europe, America, Africa, Middle East, and Asia.
The Plaintiff is represented by:
Jeffrey Alan Klafter, Esq.
KLAFTER, OLSEN & LESSER, LLP
Two International Drive
Ste 350
Rye Brook, NY 10573
Telephone: (914) 934-9200
Facsimile: (914) 934-9220
E-mail: jak@klafterolsen.com
- and -
Solomon B. Cera, Esq.
Louis A. Kesselr, Esq.
CERA LLP
595 Market Street, Suite 2300
San Francisco, CA 94105
Telephone: (415) 777-2230
E-mail: scera@cerallp.com
lkesselr@cerallp.com
- and -
Daniel J. Sponseller, Esq.
LAW OFFICE OF DANIEL J. SPONCSELLER
409 Broad Street, Suite 200
Sewickley, PA 15143
Telephone: (412) 741-4422
BERKSHIRE HATHAWAY: Illegally Hacked Litigation Files, Suit Says
---------------------------------------------------------------
Hector Casillas, on behalf of himself and all others similarly
situated v. Berkshire Hathaway Homestate Companies, et al., Case
No. 2:15-cv-04763 (C.D. Cal., June 23, 2015), arises from the
Defendants' and others' alleged unlawful combination, agreement
and conspiracy to hacked into privileged and confidential
litigation files of thousands of individuals litigating worker's
compensation cases against them.
Berkshire Hathaway Homestate Companies is a Nebraska corporation
with its principal place of business in Omaha, Nebraska. Berkshire
operates a compensation insurance company doing business in
California and nationwide.
The Plaintiff is represented by:
Mark Ravis, Esq.
David Martin, Esq.
Ivo Genchev, Esq.
LAW OFFICE OF MARK RAVIS & ASSOCIATES
1875 Century Park East, Suite 700
Los Angeles, CA 90067
Telephone: (310) 295-4145
Facsimile: (310) 388-5251
E-mail: mravis99@gmail.com
- and -
Brandon Sweeney, Esq.
THE SWEENEY LAW FIRM
3320 W. Victory Blvd.
Burbank, CA 91505
Telephone: (818) 668-7451
Facsimile: (818) 843-1833
E-mail: bsweeney@thesweeneylawfirm.com
BISTRO CACAO: "Hercules" Suit Seeks to Recover Unpaid Overtime
--------------------------------------------------------------
Santos David Hercules and Olbin Pineda, on behalf of themselves
and all others similarly situated v. Bistro Cacao, Inc., et al.,
Case No. 1:15-cv-00982 (D.D.C., June 23, 2015), seeks to recover
unpaid overtime wages and damages pursuant to the Fair Labor
Standard Act.
Bistro Cacao, Inc. owns and operates a restaurant in Capitol Hill,
Columbia.
The Plaintiff is represented by:
Dennis A. Corkery, Esq.
Matthew K. Handlet, Esq.
WASHINGTON LAWYER'S COMMITTEE FOR CIVIL
RIGHTS AND URBAN AFFAIRS
11 Dupont Circle, Suite 400
Washington, DC 20036
Telephone: (202) 319-1000
Facsimile: (202) 319-1010
E-mail: Dennis_Corkery@washlaw.org
Matthew_Handley@washlaw.org
- and -
Matthew B. Kaplan, Esq.
THE KAPLAN LAW FIRM
509 N. Jefferson St.
Arlington, VA 22205
Telephone: (703) 665-9529
Facsimile: (888) 958-1366
E-mail: mbkaplan@thekaplanlawfirm.com
BMW OF NORTH AMERICA: Sued Over Defective Vehicles Modules
----------------------------------------------------------
George Catalano, on behalf of himself and all others similarly
situated v. BMW of North America, LLC, et al., Case No. 1:15-cv-
04889-KBF (S.D.N.Y., June 23, 2015), is brought on behalf of
similarly situated persons or entities, who purchased, own or
leased BMW-designed X5 series vehicles (from 1999 to 2008), X3
series vehicles (from 2003 to 2010), and 5 series vehicles (from
2004 to 2010), with defective SDARS, RDC, and PDC Modules and
other electronic components connected to the SDARS, RDC, and PDC
Modules
BMW of North America, LLC is engaged in the business of marketing,
importing, distributing, and selling automobiles and other motor
vehicles and motor vehicle components throughout the United
States.
The Plaintiff is represented by:
Joseph R. Santoli, Esq.
THE LAW OFFICES OF JOSEPH R. SANTOLI
340 Devon Court
Ridgewood, NJ 07450
Telephone: (201) 926-9200
Facsimile: (201) 575-2184
E-mail: josephsantoli@aol.com
- and -
William A. Kershaw, Esq.
Stuart C. Talley, Esq.
Ian J. Barlow, Esq.
KERSHAW, CUTTER &RATINOFF LLP
401 Watt Avenue
Sacramento, CA 95864
Telephone: (916) 448-9800
Facsimile: (916) 669-4499
E-mail: wkershaw@kcrlegal.com
stalley@kcrlegal.com
ibarlow@kcrlegal.com
- and -
Edward A. Wallace, Esq.
Amy E. Keller, Esq.
WEXLER WALLACE LLP
55 West Monroe Street, Suite 3300
Chicago, Illinois 60603
Telephone: (312) 346-2222
Facsimile: (312) 346-0022
E-mail: eaw@wexlerwallace.com
aek@wexlerwallace.com
- and -
Stephen M. Harris, Esq.
THE LAW OFFICES OF STEPHEN M. HARRIS, P.C.
6320 Canoga Avenue, Suite 1500
Woodland Hills, CA 91367
Telephone: (818) 924-3103
Facsimile: (818) 924-3079
E-mail: stephen@smh-legal.com
- and -
Robert L. Starr, Esq.
THE LAW OFFICE OF ROBERT L. STARR
23277 Ventura Boulevard
Woodland Hills, California 91364
Telephone: (818) 225-9040
Facsimile: (818) 225-9042
E-mail: robert@starrlaw.com
BOULDER DOG: Recalls Chicken Sprinkles Due to Salmonella
--------------------------------------------------------
Boulder Dog Food Company, L.L.C. is voluntarily recalling the
Chicken Sprinkles (3 oz.) with a "Best By" date of "05/04/16", a
Lot Number of "998", and a UPC Code of 899883001231 (the
"Product"), because the Product has the potential of being
contaminated with Salmonella. Salmonella can affect animals
eating the Product, and there is risk to humans who handle the
Product, especially if the handler does not thoroughly wash his or
her hands after having contact with the Product or any surfaces
exposed to the Product.
Healthy people handling a product contaminated by Salmonella
should monitor themselves for some or all of the following
symptoms: nausea, vomiting, diarrhea or bloody diarrhea, abdominal
cramping, and fever. Although rare, Salmonella may result in more
serious ailments, including arterial infections, endocarditis,
arthritis, muscle pain, eye irritation, and urinary tract
symptoms. Consumers exhibiting these signs after having contact
with the Product should contact their healthcare providers
immediately.
Pets with Salmonella infections may be lethargic and have diarrhea
or bloody diarrhea, fever, and vomiting. Some pets will have only
decreased appetite, fever and abdominal pain. Infected but
otherwise healthy pets can be carriers and infect other animals or
humans. If your pet has consumed the Product and has exhibited
these symptoms, you should contact your veterinarian immediately.
This voluntary recall is limited to Chicken Sprinkles (3 oz.) with
a "Best By" date of "05/04/16", Lot # "998" and a UPC Code of
899883001231. The Product is in a clear poly bag. The UPC Code is
located in the lower right hand corner of the product label on the
front of the bag. The "Best By" date and Lot Number are on a
label on the reverse side of the bag.
The recalled Product consists of 10 bags of Chicken Sprinkles (3
oz.) that were distributed to two retail stores in the State of
Colorado, one retail store in the State of Washington, and one
retail customer in the State of Maryland. Boulder Dog Food
Company, L.L.C. has retrieved 8 of the 10 bags of the recalled
Product, and believes that the remaining two bags of the Product
have been used or destroyed. If you are in possession of the
recalled Product ("Best By" date of "05/04/16", a Lot #"998" and a
UPC Code of 899883001231) please discontinue use and return the
unused Product to either the retailer where it was purchased or
directly to Boulder Dog Food Company L.L.C.
The recall is a result of a routine sampling program by the
Colorado Department of Agriculture which revealed a "positive"
test for Salmonella in one package of Chicken Sprinkles (3 oz.)
with a "Best By" date of "05/04/16", a Lot Number of "998", and a
UPC Code of 899883001231.
One complaint was received from a consumer who had contact with
the Product.
Consumers with questions may contact Boulder Dog Food Company,
L.L.C. at 303-449-2540 Monday through Friday between 8:00 AM and
5:00 PM (M.D.T.)
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm451992.htm
BUNNIES BY THE BAY: Recalls Pull Toys Due to Chocking Hazard
------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Bunnies by the Bay of East Windsor, N.J., announced a voluntary
recall of about 800 Bud and Skipit Wheely Cute Pull Toys in the
United States and 10 in Canada. Consumers should stop using this
product unless otherwise instructed. It is illegal to resell or
attempt to resell a recalled consumer product.
Hub caps on the wheels can break or come off the wheel, posing a
choking hazard for young children.
Bud, an 8-inch high soft brown puppy with a blue and white pull
cord, stands on red wooden wheels with blue hub caps. There is a
red, blue and white soft ball at the end of the pull cord. Skipit,
an 8-inch high cream-colored bunny with an orange and white pull
cord, stands on blue wheels with orange hub caps. There is a soft
cloth carrot at the end of the pull cord. Lot code YM5/14 is on
the label sewn on the back leg of each toy. The item number for
Bud Wheely Cute Toy, found on the lower right-hand corner of the
original packing, is #401101. The item number for Skipit Wheely
Cute Toy is #401103.
No consumer incidents have been reported.
Pictures of the Recalled Products available at:
http://tinyurl.com/o57klvz
The recalled products were manufactured in China and sold at gift
and specialty stores nationwide and online at Bunniesbythebay.com
and amazon.com from February 2015 through April 2015 for about
$30.
Consumers should take the toys away from young children
immediately and return the item to where it was purchased for a
full refund.
BW CREATIVE: Recalls ProBuilt Do-It-Yourself Aluminum Railings
--------------------------------------------------------------
Starting date: June 9, 2015
Posting date: June 9, 2015
Type of communication: Consumer Product Recall
Subcategory: Miscellaneous
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public
Identification number: RA-53629
This recall involves ProBuilt Do-it-Yourself Railing with ProBuilt
36" & 42" posts -- supplied with post to deck lag screws.
The following table describes the affected units by their SKU#:
Product SKU Number Product SKU Number Product Description
------------------ ------------------ -------------------
PB7468**OW PB7468**OY 42" End Post
PB7469**OW PB7469**OY 42" 90 Deg Corner
Post
PB7494**OW PB7494**OY 42" 45 Deg Corner
Post
PB7470**OW PB7470**OY 42" Mid Post
PB6804**OW PB6804**OY 36" End Post
PB6805**OW PB6805**OY 36" 90 Deg Corner
Post
PB6809**OW PB6809**OY 36" 45 Deg Corner
Post
PB6806**OW PB6806**OY 36" Mid Post
PB7758**OW PB7758**OY 36" 2 1/2" Blank
Post
PB7759**OW PB7759**OY 42" 2 1/2" Blank
Post
PB7733**OW PB7733**OY Top Stair Post
PB7735**OW PB7735**OY Bottom Stair Post
PB7737**OW PB7737**OY 36" Top Stair Post
PB7734**OW PB7734**OY Mid Stair Post
(with Splice)
** Represents colour Code (BK, WT, SW, TB)
ProBuilt Do-It-Yourself Aluminum Railings with ProBuilt 36" and
42" posts sold prior to December 2014 included post to deck lag
screws in the packaging. These lag screws may not be suitable for
all deck surfaces (including but not limited to such deck surfaces
as concrete, plastic wood, aluminum and plexi-glass). Testing has
not shown that the screws are effective on all surfaces and thus
there is no confirmation of their safety on all surfaces.
This recall serves as an advisory for users to evaluate the lag
screws compatibility with the decking surface. If unable to make a
determination, contact BW Creative Railing Systems to find the
ProBuilt Design Manual and detailed installation instructions or
to contact a qualified professional for an assessment.
Neither Health Canada nor BW Creative Wood Industries Ltd. has
received any reports of consumer incidents or injuries related to
the use of this product.
Approximately 151,072 units of the recalled products were sold at
various retailers located in BC, Alberta, Saskatchewan, Manitoba,
Ontario, New Brunswick and the Yukon.
The recalled products were sold between December 2011 and December
2014.
Manufactured in Canada.
Manufacturer: BW Creative Wood Industries Ltd.
Maple Ridge
British Columbia
CANADA
Pictures of the Recalled Products available at:
http://tinyurl.com/ohoysma
CAMDEN PROPERTY: Sued Over Alleged Unauthorized Fees Collection
---------------------------------------------------------------
Suleka Jama, for herself and all others v. Camden Property Trust
and Camden Development Inc., Case No. 201536654 (Tex. Dist. Ct.,
June 24, 2015), arises from the Defendants' alleged collection of
unauthorized and illegal Utility Activation Fees, Drainage Fees,
Trash Fees, Cable Fees, TV Fees, Compactor Disposal Fees, and
other fees not authorized by the contracts.
The Defendants own and operate apartment management company in
Texas.
The Plaintiff is represented by:
Britton D. Montis, Esq.
THE MONTIS FIRM
401 Congress Ave., Suite 1540
Austin, TX 78701-3851
Telephone: (512) 474-6092
Facsimile: (512) 692-2981
E-mail: bmonts@themontisfirm.com
- and -
R. Martin Weber Jr., Esq.
Richard E. Norman, Esq.
CROWLEY NORMAN LLP
Three Riverway, Suite 1775
Houston, TX 77056
Telephone: (713) 651-1771
Facsimile: (713) 651-1775
E-mail: rnorman@corwleynorman.com
mweber@corwleynorman.com
CAN-ROXY TRADING: Recalls Coconut Cream Powder Due to Milk
----------------------------------------------------------
Starting date: June 10, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Can Roxy Trading Inc.
Distribution: Ontario
Extent of the product distribution: Retail
CFIA reference number: 9876
Can-Roxy Trading Inc. is recalling Roxy brand Unsweetened Coconut
Cream Powder from the marketplace because it contains milk which
is not declared on the label. People with an allergy to milk
should not consume the recalled product described below.
Check to see if you have recalled product in your home. Recalled
product should be thrown out or returned to the store where it was
purchased.
If you have an allergy to milk, do not consume the recalled
product as it may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of this product.
This recall was triggered by the Canadian Food Inspection Agency's
(CFIA) inspection activities. The CFIA is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand name Common name Size Code(s) on UPC
---------- ----------- ---- product ---
----------
Roxy Unsweetened 50 g All codes 0 51299 15110 2
Coconut Cream where milk
Powder is not
declared on
the label.
Pictures of the Recalled Products available at:
http://is.gd/1TVwzp
CAPE BANCORP: Amended Class Action Complaint Dismissed
------------------------------------------------------
Cape Bancorp, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that on February 24, 2015,
a complaint was filed against Colonial Financial Services, Inc.
and the members of its Board of Directors in the Superior Court of
New Jersey, Law Division, Cumberland County, seeking class action
status and asserting that Colonial Financial Services, Inc. and
the members of its Board had violated their duties to Colonial
Financial Services' shareholders in connection with the proposed
merger with Cape Bancorp. The Company was also sued for allegedly
aiding and abetting these alleged fiduciary breaches. On or about
March 2, 2015, the complaint was supplemented to seek a temporary
restraining order and preliminary injunction prohibiting
consummation of the merger. Effective March 26, 2015, the amended
complaint, and thus the lawsuit, was voluntarily dismissed without
prejudice.
CARDINAL HEALTH: Recognized Income From Class Action Settlements
----------------------------------------------------------------
Cardinal Health, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that the Company recognized
income resulting from settlements of class action antitrust claims
in which the Company was a class member of $14 million and $9
million during the three months ended March 31, 2015 and 2014,
respectively, and $14 million and $24 million during the nine
months ended March 31, 2015 and 2014, respectively.
CHAMP'S MUSHROOMS: Updates Recalls on Sliced Mushroom Products
--------------------------------------------------------------
Starting date: June 16, 2015
Type of communication: Recall
Alert sub-type: Updated Food Recall Warning
Subcategory: Microbiological - Listeria
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Champ's Mushrooms
Distribution: British Columbia, Possibly National
Extent of the product distribution: Retail
CFIA reference number: 9890
The food recall warning issued on June 7, 2015 has been updated to
include additional product information. This additional
information was identified during the Canadian Food Inspection
Agency's (CFIA) food safety investigation.
Champ's Mushrooms is recalling sliced mushroom products from the
marketplace due to possible Listeria monocytogenes contamination.
Consumers should not consume the recalled products described
below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
Food contaminated with Listeria monocytogenes may not look or
smell spoiled but can still make you sick. Symptoms can include
vomiting, nausea, persistent fever, muscle aches, severe headache
and neck stiffness. Pregnant women, the elderly and people with
weakened immune systems are particularly at risk. Although
infected pregnant women may experience only mild, flu-like
symptoms, the infection can lead to premature delivery, infection
of the newborn or even stillbirth. In severe cases of illness,
people may die.
There have been no reported illnesses associated with the
consumption of these products.
This recall was triggered by Canadian Food Inspection Agency
(CFIA) test results. The CFIA is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled products
from the marketplace.
Brand name Common name Size Code(s) on UPC
---------- ----------- ---- product ---
----------
Champ's Sliced Crimini 200 g 160 S4189 6 78286 99933 4
Mushrooms Mushrooms
Champ's Sliced Crimini 227 g 2015 JN 18 6 78286 88877 5
Mushrooms Mushrooms
President's Cremini Sliced 454 g 2015 JN 18 0 60383 05940 8
Choice Mushrooms
Pictures of the Recalled Products available at:
http://tinyurl.com/py69fv7
CHRYSLER: Recalls 2001 Sebring Models Due to Defective Airbags
--------------------------------------------------------------
Starting date: June 16, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety Mfr
System: Airbag
Units affected: 1212
Source of recall: Transport Canada
Identification number: 2015267TC
ID number: 2015267
Manufacturer recall number: R30
On certain 2 door coupe vehicles, in the event of a collision that
warrants a deployment of the front passenger airbag, the deploying
airbag could strike the passenger sun visor if it is in the down
position. This could cause the sun visor to detach from its
mounting bracket, potentially contacting an occupant, which would
increase the risk of injury. Correction: Dealers will add a tether
strap to the passenger sun visor.
Make Model Model year(s) affected
---- ----- ----------------------
CHRYSLER SEBRING 2001
CHUGACH GOVERNMENT: "Galloway" Suit Seeks to Recover Unpaid OT
--------------------------------------------------------------
Carolyn Galloway, on behalf of herself and other similarly
situated employees v. Chugach Government Services, Inc., Case No.
1:15-cv-00979 (D.D.C., June 23, 2015), seeks to recover unpaid
overtime wage and liquidated damages.
Chugach Government Services, Inc. owns and operates a construction
company with its principal place of business located in Anchorage,
Alaska.
The Plaintiff is represented by:
Neil Stuart Hyman, Esq.
LAW OFFICES OF NEIL S. HYMAN, LLC
4416 East West Highway, Suite 400
Bethesda, MD 20814
Telephone: (301) 841-7105
Facsimile: (301) 986-1301
E-mail: neil@neilhymanlaw.com
CITRLX SYSTEMS: Sued in Fla. Over Unlawful Credit Agreement
-----------------------------------------------------------
Gary Bethell, on behalf of himself and all others similarly
situated v. Citrlx Systems Inc., et al., Case No. CACE15011046
(Fla. Cir. Ct., June 24, 2015), is brought against the Defendants
for breached of their fiduciary duties by approving and entering
into the Credit Agreement containing the Dead Hand Proxy Put and
Poison Put, which improperly impaired the Plaintiff and the Class'
voting rights, and their rights to consider potential premium
offers to acquire the Company.
Citrlx Systems Inc. is a Delaware corporation that operates a
software company that provides server, application and desktop
virtualization, networking, software-as-a-service, and cloud
computing technologies, including Xen open-source products.
The Plaintiff is represented by:
James P. Gitkin, Esq.
SALPETER GITKIN, LLP
One E. Broward Blvd. - Suite 1500
Fort Lauderdale, FL 33301
Telephone: (954) 467-8622
Facsimile: (954) 691-9862
E-mail: jim@salpetergitkin.com
- and -
Eric L. Zagar, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Pnissia Road
Radnor, PA 19087
Telephone: (610) 667-7706
Facsimile: (267) 948-2512
E-mail: ezagar@ktmc.com
COLNAGO AMERICA: Recalls Bicycles and Bicycle Frame Kits
--------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Colnago America Inc., of Chicago, announced a voluntary recall of
about 400 Bicycles and bicycle frame kits in the United States and
34 in Canada. Consumers should stop using this product unless
otherwise instructed. It is illegal to resell or attempt to
resell a recalled consumer product.
This recall involves all Colnago CF10 and Colnago V1-r racing
bicycles and bicycle frame kits that fit 28-inch wheels. "Colnago
for Ferrari" is on the downtube and the Ferrari logo is on the
seat tube of the CF10. "Colnago" is on the downtube and the
Ferrari logo is on the crossbar of the V1-r. Model numbers CF10 or
V1-r are on both sides of the front fork.
Model CF10 frames come in the colors black with white letters and
red trim, and black with white letters and yellow trim. Model V1-r
frames come in the colors black with white letters and red trim,
gray with black letters and black trim, gray with white letters
and white trim, and white with silver letters and silver trim.
No consumer incidents have been reported.
Pictures of the Recalled Products available at:
http://tinyurl.com/q3d7fp5
The recalled products were manufactured in Taiwan and sold at
Authorized Colnago dealers from August 2014 to April 2015 for
between $4,800 and $12,000.
Consumers should stop using the recalled bicycles and bicycle
frame kits and contact Colnago America for a free inspection. If
the hole in the front fork for the brake mounting bolt is not at
least 12 mm in depth, the front fork will be replaced free of
charge.
COMMERCIAL COLLECTION: Faces "Fiel" Suit Over FDCPA Violations
--------------------------------------------------------------
Matthew Fiel, individually and on behalf of all others similarly
situated v. Commercial Collection Consultants, Inc., Case No.
2:15-cv-04819-R-MRW (C.D. Cal., June 25, 2015), is brought against
the Defendant for violation of the Fair Debt Collection Practices
Act.
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW PLLC
100 Garden City Plaza Suite 500
Garden City, NY 11530
Telephone: (516) 203-7600
Facsimile: (516) 281-7601
E-mail: csanders@sanderslawpllc.com
COULTER VENTURES: Recalls Door Anchors Due to Injury Hazard
-----------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Coulter Ventures LLC, d/b/a Rogue Fitness, of Columbus, Ohio,
announced a voluntary recall of about 875 MobilityWOD Door Anchor.
Consumers should stop using this product unless otherwise
instructed. It is illegal to resell or attempt to resell a
recalled consumer product.
The nylon strap can pull out from the plastic anchor, causing the
user to lose balance and fall or the attached hardware to recoil
and strike the user, posing an injury hazard.
This recall involves the Rogue Fitness MobilityWOD Door Anchor.
The anchor is used to anchor elastic bands for use in stretching
and mobility exercises. The door anchor has a red plastic tab
anchor with "ROGUE" embossed on one side attached to a black nylon
strap with a metal ring and carabiner on the other end. The
anchor measures about 8 inches long by 1.5 inches wide.
The firm has received three reports of the nylon strap pulling
free of the plastic anchor while under load, including one report
of a minor laceration.
Pictures of the Recalled Products available at:
http://tinyurl.com/pcfpukv
The recalled products were manufactured in China and sold at Rogue
Fitness websites: www.roguefitness.com and www.rogueapo.com from
March 2015 through April 2015 for about $25.
Consumers should immediately stop using the recalled door anchor
and contact Coulter to receive a full credit or full refund.
CUYAHOGA, OH: Sued Over Failure to Provide Proceeds Notice
----------------------------------------------------------
State of Ohio Ex Rel., John E. Macey, individually and on behalf
of all others simi1arly situated v. Nailah K. Byrd, Clifford
Pinkney, and W. Christopher Murray, II, Case No. CV-15-847419
(Ohio Comm. Pleas, June 24, 2015), is brought against the
Defendants for failure to provide notice of the availability of
proceeds in excess of $25.00 from foreclosure actions brought in
Cuyahoga County Court of Common Pleas, Cuyahoga County, State of
Ohio.
Nailah K. Byrd is the Clerk of Court, Cuyahoga County Court of
Common Pleas.
Clifford Pinkney is the Cuyahoga County Sheriff.
W. Christopher Murray II is the Treasurer of Cuyahoga County,
Ohio.
The Plaintiff is represented by:
Steven B. Potter, Esq.
Jason D. Hochman, Esq.
DINN, HOCHMAN & POTTER, LLC
5910 Landerbrook Drive, Suite 200
Cleveland, OH 44124
Telephone: (440) 446-1100
Facsimile: (440) 446-1240
E-mail: spotter@dhplaw.com
jhochman@dhplaw.com
- and -
Terrence Kelley, Esq.
621 Wooster Pike
Terrace Park, OH 45174
Telephone: (513) 600-6826
Facsimile: (513) 831-1362
E-mail: kelley_terrence@hotmail.com
FARINELLA LLC: Faces "Carrera" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Mario Carrera, Salvador Tellez, and Joffre Guaranda, and on behalf
of others similarly situated v. Farinella LLC d/b/a Farinella,
Heac LLC d/b/a Farinella, Alberto Polo Cretara and Howard Estrin,
Case No. 1:15-cv-04969 (S.D.N.Y., June 25, 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 two pizzerias located at 788
Lexington Avenue, New York, New York 10065 and at 1132 Lexington
Avenue, New York, New York, 10075.
The Plaintiff is represented by:
Michael Antonio Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: faillace@employmentcompliance.com
FERRARI: Recalls 2014 LaFerrari Models Due to Crash Risk
--------------------------------------------------------
Starting date: June 15, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Compliance Mfr
System: Visual System
Units affected: 7
Source of recall: Transport Canada
Identification number: 2015265TC
ID number: 2015265
On certain vehicles, the Tire Pressure Monitoring System could
display an incorrect message on the additional information screen
stating: "Low Tyre Pressure - Max Speed 50 MPH (80 KM/H)" instead
of "Low Tyre Pressure - Do not proceed.". The driver may be
misinformed of their tire condition and could drive on punctured
tires which could result in a loss of vehicle stability,
increasing the risk of a crash causing injury and/or damage to
property. Correction: Dealers will update the Tire Pressure
Monitoring System settings.
Make Model Model year(s) affected
---- ----- ----------------------
FERRARI LAFERRARI 2014
FERRARI: Recalls 2014 LaFerrari Models due to Noncompliance
-----------------------------------------------------------
Starting date: June 15, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Compliance Mfr
System: Seats And Restraints
Units affected: 7
Source of recall: Transport Canada
Identification number: 2015264TC
ID number: 2015264
Manufacturer recall number: 55
Certain vehicles may fail to conform to Canada Motor Vehicle
Safety Standard (CMVSS) 202 - Head Restraints. The headrest may
not comply with the energy absorption requirements of the
standard. In the event of a crash, this could increase the risk of
injury to the seat occupant. Correction: Dealers will modify or
replace the headrest to meet CMVSS 202.
Make Model Model year(s) affected
---- ----- ----------------------
FERRARI LAFERRARI 2014
FIRST CHOICE: Faces "March" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Brenda March and Eleanor Graziano, individually and on behalf of
all others similarly situated v. First Choice Medical, PLLC, Case
No. 2:15-cv-03669-SJF-GRB (E.D.N.Y., June 23, 2015), is brought
against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standard Act.
First Choice Medical, PLLC is a medical service provider with
offices in Eastport, New York and Holbrook, New York.
The Plaintiff is represented by:
Adam Richard Gonnelli, Esq.
FARUQI & FARUQI, LLP
369 Lexington Avenue, 10th Floor
New York, NY 10017
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: agonnelli@faruqilaw.com
GENIE INDUSTRIES: Recalls TZ-34/20 Models Due to Injury Risk
------------------------------------------------------------
Starting date: June 15, 2015
Type of communication: Recall
Subcategory: Equipment
Notification type: Safety Mfr
System: Accessories
Units affected: 1
Source of recall: Transport Canada
Identification number: 2015262TC
ID number: 2015262
On certain trailer mounted articulating booms, a manufacturing
defect may exist on some cylinders used in the outrigger assembly.
This could cause the outriggers to drift up while in use,
increasing the risk of an accident causing injury and/or damage to
property. Correction: Dealers or owners will inspect and replace
defective outrigger cylinders.
Make Model Model year(s) affected
---- ----- ----------------------
GENIE TZ-34/20 2015
GLOBAL MARKETING: Faces "Thompson" Suit Over TCPA Breach
--------------------------------------------------------
Alicia Thompson, individually and on behalf of all others
similarly situated v. Global Marketing Research Services, Inc.,
Case No. 2:15-cv-03576-AB (E.D. Pa., June 25, 2015), is brought
against the Defendants for violation of the Telephone Consumer
Protection Act.
The Plaintiff is represented by:
Barry L. Cohen, Esq.
ROYER COOPER COHEN BRAUNFELD LLC
101 W Elm St Ste 220
Conshohocken, PA 19428
Telephone: (484) 362-2628
Facsimile: (484) 362-2630
E-mail: bcohen@rccblaw.com
GLOBAL POWER: Faces "Budde" Suit Over Misleading Fin'l Reports
--------------------------------------------------------------
Margaret Budde, individually and on behalf of all others similarly
situated v. Global Power Equipment, Inc., Raymond K. Guba and Luis
Manuel Ramirez, Case No. 3:15-cv-02120-B (N.D. Tex., June 23,
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.
Global Power Equipment, Inc. claims to be a leading provider of
custom-engineered auxiliary equipment and maintenance support
services for the global power generation industry.
The Plaintiff is represented by:
Joe Kendall, Esq.
Jamie J. Mckey, Esq.
KENDALL LAW GROUP, LLP
3232 McKinney Avenue, Suite 700
Dallas, TX 75204
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
jmckey@kendalllawgroup.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@blockesq.com
Steven@blockesq.com
GOOD SEED: Recalls Soybean and Mung Bean Sprouts Due to Listeria
----------------------------------------------------------------
Good Seed Inc. of Springfield, VA is voluntarily recalling all
packages of soybean sprouts and mung bean sprouts because they
have the potential to be contaminated with Listeria monocytogenes,
an organism which can cause serious and sometimes fatal infections
to individuals with weakened immune systems. Although healthy
individuals may suffer only short term symptoms such as high
fever, severe headache, stiffness, nausea, abdominal pain and
diarrhea, Listeria infection can cause miscarriages and
stillbirths among pregnant women.
The following products are being recalled by the firm.
--- 1-lb bags of soybean sprouts in clear plastic bags labeled
"GOODSEED Soy Bean Sprouts" "Keep Refrigerated" with a UPC
Code of "21111 10035" produced on or after May 8, 2015.
--- 1-lb bags of mung bean sprouts in clear plastic bags
labeled "GOODSEED Mung Bean Sprouts" "Keep Refrigerated"
with a UPC code of "21111 20136" produced on or after May
8, 2015.
--- 2-lb bags of soybean sprouts in clear plastic bags labeled
"GOODSEED Soy Bean Sprouts" "Keep Refrigerated" with a UPC
Code of "21112 58772" produced on or after May 8, 2015.
--- 2-lb bags of mung bean sprouts in clear plastic bags
labeled "GOODSEED Mung Bean Sprouts" "Keep Refrigerated"
with a UPC code of "21111 25871" produced on or after May
8, 2015.
--- 10-lb bags of soybean sprouts in black plastic bags labeled
with a sticker "GOODSEED Soy Bean Sprouts" produced on or
after May 8, 2015.
--- 10-lb bags of mung bean sprouts in clear plastic bags
labeled with a sticker "GOODSEED Mung Bean Sprouts"
produced on or after May 8, 2015.
These items were distributed to retail stores in Virginia,
Maryland and New Jersey.
The contamination was discovered through surveillance monitoring
coordinated by the Virginia Rapid Response Team (RRT), Virginia
Department of Agriculture and Consumer Services and testing by the
Virginia Division of Consolidated Laboratory Services revealed the
presence of Listeria monocytogenes in the product.
Individuals who purchased soybean sprouts and mung bean sprouts,
distributed by Good Seed Inc. should return the product to the
place of sale for a full refund.
Consumers with questions may contact the company directly at 703-
392-0075 or the Virginia Department of Agriculture and Consumer
Services, Food Safety Program at 804-786-8899.
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm452456.htm
GULF STREAM: Recalls 2019 Canyon Trail Models Due to Fall Risk
--------------------------------------------------------------
Starting date: June 12, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety Mfr
System: Structure
Units affected: 1
Source of recall: Transport Canada
Identification number: 2015260TC
ID number: 2015260
Manufacturer recall number: 15E013
On certain fifth wheel and travel trailers, the HSM Quad Steps
rivets that hold the steps together could loosen and fail. If the
rivets were to fail, the steps could collapse which could cause a
person to fall, resulting in injury. Correction: Dealers will
inspect and replace the rivets with stronger bolts.
Make Model Model year(s) affected
---- ----- ----------------------
GULF STREAM CANYON TRAIL 2019
HCA HOLDINGS: Trial Set for Jan. 2016 in Securities Class Action
----------------------------------------------------------------
HCA Holdings, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that trial has been set for
January 2016 in the Securities Class Action Litigation.
On October 28, 2011, a shareholder action, Schuh v. HCA Holdings,
Inc. et al., was filed in the United States District Court for the
Middle District of Tennessee seeking monetary relief. The case
sought to include as a class all persons who acquired the
Company's stock pursuant or traceable to the Company's
Registration Statement issued in connection with the March 9, 2011
initial public offering. The lawsuit asserted a claim under
Section 11 of the Securities Act of 1933 against the Company,
certain members of the board of directors, and certain
underwriters in the offering. It further asserted a claim under
Section 15 of the Securities Act of 1933 against the same members
of the board of directors. The action alleged various deficiencies
in the Company's disclosures in the Registration Statement.
Subsequently, two additional class action complaints, Kishtah v.
HCA Holdings, Inc. et al. and Daniels v. HCA Holdings, Inc. et
al., setting forth substantially similar claims against
substantially the same defendants were filed in the same federal
court on November 16, 2011 and December 12, 2011, respectively.
All three of the cases were consolidated.
On May 3, 2012, the court appointed New England Teamsters &
Trucking Industry Pension Fund as Lead Plaintiff for the
consolidated action. On July 13, 2012, the lead plaintiff filed an
amended complaint asserting claims under Sections 11 and 12(a)(2)
of the Securities Act of 1933 against the Company, certain members
of the board of directors, and certain underwriters in the
offering. It further asserts a claim under Section 15 of the
Securities Act of 1933 against the same members of the board of
directors and Hercules Holding II, LLC, a majority shareholder of
the Company at the time of the initial public offering. The
consolidated complaint alleges deficiencies in the Company's
disclosures in the Registration Statement and Prospectus relating
to: (1) the accounting for the Company's 2006 recapitalization and
2010 reorganization; (2) the Company's failure to maintain
effective internal controls relating to its accounting for such
transactions; and (3) the Company's Medicare and Medicaid revenue
growth rates. The Company and other defendants moved to dismiss
the amended complaint on September 11, 2012.
The court granted the motion in part on May 28, 2013. The action
proceeded to discovery on the remaining claims. The plaintiffs'
motion for class certification was granted on September 22, 2014.
The court certified a class consisting of all persons that
acquired HCA stock on or before October 28, 2011 (the date of the
lawsuit) pursuant to the Registration Statement issued in
connection with the March 9, 2011 initial public offering. A
request to the court of appeals to hear an immediate appeal of
this ruling was denied. Trial has been set for January 2016.
HG HOLDINGS: Recalls Recalls Coconut Powder Products Due to Milk
----------------------------------------------------------------
Starting date: June 18, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: HG Holdings (International) Corp
Distribution: Alberta, British Columbia, Manitoba, Ontario,
Possibly National
Extent of the product distribution: Retail
HG Holdings (International) Corp is recalling Santan brand instant
coconut milk powder and instant coconut cream powder from the
marketplace because they contain milk which is not declared on the
label. People with an allergy to milk should not consume the
recalled products described below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If you have an allergy to milk, do not consume the recalled
product as it may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of these products.
This recall was triggered by the Canadian Food Inspection Agency's
(CFIA) inspection activities. The CFIA is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand name Common name Size Code(s) on UPC
---------- ----------- ---- product ---
----------
Santan Coconut Milk 50 g All codes 9 556181 010129
Powder where milk is
not declared
on the label
Santan Coconut Milk 250 g All codes 9 556181 070017
Powder where milk is
not declared
on the label
Pictures of the Recalled Products available at:
http://tinyurl.com/pjuytvn
HONDA: Recalls 2003 Accord Models Due to Defective Airbags
----------------------------------------------------------
Starting date: June 15, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety Mfr
System: Airbag
Units affected: 235711
Source of recall: Transport Canada
Identification number: 2015261TC
ID number: 2015261
On certain vehicles, the passenger frontal airbag inflator could
produce excessive internal pressure during airbag deployment.
Increased pressure may cause the inflator to rupture, which could
allow fragments to be propelled toward vehicle occupants,
increasing the risk of injury. This could also damage the airbag
module, which could prevent proper deployment. Failure of the
passenger airbag to fully deploy during a crash (where deployment
is warranted) could increase the risk of personal injury to the
seat occupant. Correction: Dealers will replace airbag inflator.
Note: Honda Canada has created a special Airbag Inflator Hotline
for immediate assistance. For more information, please contact:
For Honda Owners: 1-877-445-7754 For Acura Owners: 1-877-445-9844
Make Model Model year(s) affected
---- ----- ----------------------
HONDA ACCORD 2003
HSBC FINANCE: Oct. 2015 Final Settlement Approval Hearing Set
-------------------------------------------------------------
HSBC Finance Corporation said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that in April 2015, the
court granted preliminary approval of the settlement reached by
the parties in the Weller, et al. v. HSBC Mortgage Services, Inc.,
et al. (D. Col. No. 13-CV-00185) putative class action regarding
lender placed flood insurance. Under the agreement, HSBC agreed to
pay $1.8 million inclusive of claims, attorneys' fees and
administrative costs. The court has scheduled a final settlement
approval hearing for October 2015.
HSBC FINANCE: Distribution Begins in TCPA Settlement
----------------------------------------------------
HSBC Finance Corporation said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that in the Telephone
Consumer Protection Act Litigation, the court granted final
approval of the settlement on February 27, 2015 and issued a final
order approving the settlement and dismissing the action on March
17, 2015. Appeals of the approval order have been dismissed, and
settlement distributions began in May 2015.
HUNTINGTON BANCSHARES: No Ruling Issued on Motion to Dismiss
------------------------------------------------------------
Huntington Bancshares Incorporated said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 5, 2015,
for the quarterly period ended March 31, 2015, that The Huntington
National Bank's motion to dismiss a class action complaint has
been fully briefed, but no ruling has been issued by the Geauga
County, Ohio Court of Common Pleas.
The Bank is a defendant in an action filed on January 17, 2012
against MERSCORP, Inc. and numerous other financial institutions
that participate in the mortgage electronic registration system
(MERS). The putative class action was filed on behalf of all 88
counties in Ohio. The plaintiffs allege that the recording of
mortgages and assignments thereof is mandatory under Ohio law and
seek a declaratory judgment that the defendants are required to
record every mortgage and assignment on real property located in
Ohio and pay the attendant statutory recording fees. The complaint
also seeks damages, attorney's fees and costs. Huntington filed a
motion to dismiss the complaint, which has been fully briefed, but
no ruling has been issued by the Geauga County, Ohio Court of
Common Pleas. Similar litigation has been initiated against
MERSCORP, Inc. and other financial institutions in other
jurisdictions throughout the country, however, the Bank has not
been named a defendant in those other cases.
HUNTINGTON BANCSHARES: No Ruling Issued on Motion to Certify
------------------------------------------------------------
Huntington Bancshares Incorporated said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 5, 2015,
for the quarterly period ended March 31, 2015, that no ruling has
yet been issued by the Court on The Huntington National Bank's
motion to certify the District Court's decision for interlocutory
review by the Fourth Circuit Court of Appeals.
The Bank is a defendant in a putative class action filed on
October 15, 2013. The plaintiffs filed the action in West Virginia
state court on behalf of themselves and other West Virginia
mortgage loan borrowers who allege they were charged late fees in
violation of West Virginia law and the loan documents. Plaintiffs
seek statutory civil penalties, compensatory damages and
attorney's fees. The Bank removed the case to federal court,
answered the complaint, and, on January 17, 2014, filed a motion
for judgment on the pleadings, asserting that West Virginia law is
preempted by federal law and therefore does not apply to the Bank.
Following further briefing by the parties, the Court denied the
Bank's motion for judgment on the pleadings on September 26, 2014.
On October 7, 2014, the Bank filed a motion to certify the
District Court's decision for interlocutory review by the Fourth
Circuit Court of Appeals. The plaintiffs have opposed the Bank's
motion. No ruling has yet been issued by the Court.
ICONIX BRAND: Sued in S.D.N.Y. Over Misleading Financial Reports
----------------------------------------------------------------
Gene Niksich, individually and on behalf of all others similarly
situated v. Iconix Brand Group, Inc., et al., Case No. 1:15-cv-
04860-PGG (S.D.N.Y., June 23, 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.
Iconix Brand Group, Inc. is a brand management company and owner
of a diversified portfolio of global consumer brands across
women's, men's, entertainment and home.
The Plaintiff is represented by:
Lesley F. Portnoy, Esq.
GLANCY PRONGAY & MURRAY LLP
122 East 42nd Street, Suite 2920
New York, New York 10168
Telephone: (212) 682-5340
Facsimile: (212) 884-0988
E-mail: lportnoy@glancylaw.com
- and -
Lionel Z. Glancy, Esq.
Robert V. Prongay, Esq.
Casey E. Sadler, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: lglancy@glancylaw.com
rprongay@glancylaw.com
csadler@glancylaw.com
ICONIX BRAND: Faces "Lazaro" Suit Over Misleading Fin'l Reports
---------------------------------------------------------------
Lorenzo Lazaro and Lorenzo Lazaro, on behalf of all others
similarly situated v. Iconix Brand Group, Inc., Neil Cole, Warren
Clamen, and Jeff Lupinacci, Case No. 1:15-cv-04981 (S.D.N.Y., June
25, 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.
Iconix Brand Group, Inc. is a brand management company and owner
of a diversified portfolio of global consumer brands across
women's, men's, entertainment and home.
The Plaintiff is represented by:
C. Dov Berger, Esq.
Jeremy A. Lieberman, Esq.
POMERANTZ LLP
600 Third Ave, 20th Floor
New York, NY 10016
Telephone: (646) 581-9969
E-mail: cdberger@pomlaw.com
jalieberman@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South
La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
IMPERIAL TOBACCO: Judge Awards US$12 Billion to Quebec Smokers
--------------------------------------------------------------
The Associated Press reports that a judge has awarded more than
$15 billion Canadian (US$12 billion) to Quebec smokers in a case
that pitted them against three giant tobacco companies. The case
is believed to be the biggest class-action lawsuit ever seen in
Canada.
Superior Court Justice Brian Riordan said in his decision released
on June 1 that by choosing not to inform health authorities or the
public directly of what they knew, the companies chose profits
over the health of their customers. The judgment calls on the
companies to issue initial compensation of more than $1 billion
Canadian (US$800 million) in the next 60 days, regardless of
whether they elect to appeal. The judge will decide at a later
date how to distribute those funds.
JTI-Macdonald, Imperial Tobacco and Rothmans, Benson & Hedges said
they will appeal.
The Quebec case marked the first time tobacco companies had gone
to trial in a civil lawsuit in Canada and involved two separate
groups of plaintiffs: some of whom became seriously ill from
smoking and others who said they couldn't quit.
Justice Riordan denounced the firms' actions.
"The companies earned billions of dollars at the expense of the
lungs, the throats and the general well-being of their customers,"
he wrote. "If the companies are allowed to walk away unscathed
now, what would be the message to other industries that today or
tomorrow find themselves in a similar moral conflict?"
More than 1 million Quebecers were represented and argued the
companies were liable because they knew they were putting out a
harmful product and hid the health effects of tobacco.
Lise Blais, who lost her husband Jean-Yves Blais in 2012 to lung
cancer, said she waited for a ruling for 17 years. Her husband
had tried to quit five or six times in 14 years but couldn't.
The industry argued people knew about the risks of smoking and
that the products were sold legally and with federal government
approval and strict regulation.
"These cases are far from over," RBH spokeswoman Anne Edwards said
in a statement. "We will vigorously appeal this lower court's
judgment."
JTI-Macdonald said Canadians have been well aware of the health
risks since the 1950s and health warnings have been on packages
for more than 40 years.
The three firms will split the payout according to responsibility
set out by the court -- 67 percent will fall to Imperial Tobacco,
20 percent to Rothmans, Benson & Hedges, and 13 percent to
JTI-Macdonald.
"These three companies lied to their customers for 50 years and
hurt their right to life," Andre Lesperance, one of the lawyers
representing the plaintiffs, said on June 1. "It's a great
victory for victims as well as for society in general."
The trial stemmed from two cases that were originally filed
separately in 1998 before being certified and consolidated in
2005. The case began sitting in 2012.
INTEGRATED SILICON: 3 Stockholder Class Action Complaints Filed
---------------------------------------------------------------
Integrated Silicon Solution, Inc. said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 5, 2015,
for the quarterly period ended March 31, 2015, that beginning on
April 1, 2015, three stockholder class action complaints were
filed in the Superior Court of the State of California in the
County of Santa Clara on behalf of a putative class of ISSI
stockholders and naming as defendants ISSI's Board of Directors
and Parent: Richard Wilson III, on Behalf of Himself and All
Others Similarly Situated v. Jimmy S.M. Lee, et al., Case No. 1-
15-CV-278815 (filed April 1, 2015); Matthew Sciabacucchi, on
Behalf of Himself and All Others Similarly Situated v. Jimmy S.M.
Lee, et al., Case No. 1-15-CV-278812 (filed April 1, 2015); and
Kathy Guerra, Individually and on Behalf of All Others Similarly
Situated v. Scott D. Howarth, et al., Case No. 1-15-CV-279142
(filed April 8, 2015). The complaints generally allege that, in
connection with the proposed acquisition of ISSI by Parent, the
ISSI directors breached their fiduciary duties owed to ISSI's
stockholders by, among other things, purportedly failing to take
steps to maximize the value of ISSI to ISSI's stockholders and
agreeing to allegedly preclusive deal protection devices in the
Merger Agreement. The complaint filed by Kathy Guerra also alleges
that the ISSI directors breached their fiduciary duties by
allegedly failing to disclose material information to ISSI
stockholders. The complaints further generally allege that Parent
aided and abetted the ISSI directors in the alleged breaches of
their fiduciary duties. The complaints seek, among other things,
an order enjoining the defendants from consummating the proposed
transaction, or alternatively, in the event that the proposed
transaction is consummated, an order rescinding it.
INTERCONTINENTAL EXCHANGE: Dismissal of Amended Complaint Sought
----------------------------------------------------------------
Intercontinental Exchange, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 5, 2015, for
the quarterly period ended March 31, 2015, that the defendants
filed a motion to dismiss the second amended complaint.
In April 2014, the first of four purported class action lawsuits
was filed in the U.S. District Court for the Southern District of
New York (the "Southern District") by the City of Providence,
Rhode Island, against more than 40 defendants, including "Exchange
Defendants", "Brokerage Defendants" and "HFT (High Frequency
Trading) Defendants" (the "City of Providence lawsuit"). New York
Stock Exchange LLC and NYSE Arca, Inc., two of our subsidiaries,
were among the named Exchange Defendants. On July 2, 2014, the
court ordered the cases consolidated for all purposes, and
appointed lead plaintiffs. On September 3, 2014, the lead
plaintiffs filed an amended complaint asserting claims against
only a subset of the original Exchange Defendants, including New
York Stock Exchange LLC and NYSE Arca, Inc., and also asserting
claims against Barclays PLC ("Barclays"), a subsidiary of which
operates an alternative trading system known as Barclays LX."
"The lead plaintiffs are suing on behalf of a class of "all public
investors" who bought or sold stock from April 18, 2009 to the
present on the U.S.-based equity exchanges operated by the
remaining Exchange Defendants or on Barclays LX. The amended
complaint asserts violations by all remaining Exchange Defendants
of Sections 10(b) and 6(b) of the Exchange Act, and seeks
unspecified compensatory damages against all defendants, jointly
and severally, as well as various forms of equitable relief. The
defendants filed a motion on November 3, 2014 to dismiss the
amended complaint. On November 24, 2014, the plaintiffs filed a
second amended complaint asserting the same legal claims and
substantially the same factual allegations. On January 23, 2015,
the defendants filed a motion to dismiss the second amended
complaint.
On October 2, 2014, Barclays filed a motion before the U.S.
Judicial Panel on Multidistrict Litigation (the "MDL Panel")
requesting that a separate lawsuit filed against Barclays in the
U.S. District Court for the Central District of California be
transferred to the Southern District judge handling the City of
Providence lawsuit for consolidated or coordinated pre-trial
proceedings. On December 12, 2014, the MDL Panel entered an order
granting Barclays' motion and transferring the matter to the
Southern District. Depending on the outcome of further pre-trial
proceedings to occur in the Southern District, the scope of this
litigation could be expanded.
INTERCONTINENTAL EXCHANGE: Court Dismissed Three Class Actions
--------------------------------------------------------------
Intercontinental Exchange, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on May 5, 2015, for
the quarterly period ended March 31, 2015, that the court has
issued an opinion and order granting the motion and dismissing
three class action lawsuits with prejudice.
In May 2014, three purported class action lawsuits were filed in
the Southern District by Harold Lanier against the securities
exchanges that are participants in each of the three national
market system data distribution plans -- the Consolidated Tape
Association/Consolidated Quotation Plan, the Nasdaq UTP Plan, and
the Options Price Reporting Authority (the "Plans") -- which are
established under the Exchange Act and regulated by the SEC. On
August 15, 2014, Lanier filed amended complaints in each of the
three lawsuits but did not alter the named defendants. New York
Stock Exchange LLC, NYSE Arca, Inc. and NYSE MKT LLC, which are
our subsidiaries, are among the defendants named in one or more of
the suits. Lanier is claiming to sue on behalf of him and all
other similarly situated subscribers to the market data
disseminated by the Plans. Lanier's allegations include that the
exchange participants in the Plans breached agreements with
subscribers by disseminating market data in a discriminatory
manner in that other "preferred" customers allegedly received
their data faster than the proposed class. The complaints seek,
among other relief, unspecified compensatory damages, restitution
of the putative class's subscription fees paid to the defendants,
disgorgement of the fees paid by the so-called preferred
customers, and injunctive and declaratory relief.
On September 29, 2014, the defendants moved to dismiss the amended
complaint. On April 28, 2015, the court issued an opinion and
order granting the motion and dismissing the three lawsuits with
prejudice. The court determined that the claims were preempted by
a "comprehensive federal regulatory scheme", and that in any event
Lanier had failed to state a claim for breach of contract.
JEWS OFFERING: "Gay Conversion" Therapy Fraud Trial Begins
----------------------------------------------------------
The Associated Press reports that a New Jersey jury has heard
attorneys' opening statements in the fraud trial of a nonprofit
that offers so-called gay conversion therapy.
Four men and two of their mothers sued the organization, Jews
Offering New Alternatives for Healing, under New Jersey's consumer
fraud laws in 2012. An attorney for the plaintiffs told jurors on
June 3 that the group, called JONAH, lied when it said it could
turn gays straight and offered cures that were little more than
"junk science."
JONAH's attorney countered by telling the panel that the
plaintiffs left "on good terms" and didn't express dissatisfaction
with the treatment until they were contacted later by activists.
He also said the treatment employs methods that are commonly used
by therapists around the country.
JPMORGAN CHASE: 2 Additional Class Actions Filed in Early 2015
--------------------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that in early 2015, two
additional class actions were filed seeking damages for persons
who transacted FX futures and options on futures.
The Firm previously reported settlements with certain government
authorities relating to its foreign exchange ("FX") sales and
trading activities and controls related to those activities. FX-
related investigations by other government authorities remain
ongoing, including a criminal investigation by U.S. Department of
Justice ("DOJ") and a civil investigation by the Board of
Governors of the Federal Reserve System ("Federal Reserve"), among
others. The Firm's discussions with DOJ regarding resolution of
potential charges are in advanced stages. The Firm's discussions
with the Federal Reserve regarding resolution of its investigation
are also in advanced stages.
Since November 2013, a number of class actions have been filed in
the United States District Court for the Southern District of New
York against a number of foreign exchange dealers, including the
Firm, for alleged violations of federal and state antitrust laws
and unjust enrichment based on an alleged conspiracy to manipulate
foreign exchange rates reported on the WM/Reuters service.
In March 2014, plaintiffs filed a consolidated amended U.S. class
action complaint; two other class actions were brought by non-
U.S.-based plaintiffs. The Court denied defendants' motion to
dismiss the U.S. class action and granted the motion to dismiss
the two non-U.S. class actions. In January 2015, the Firm settled
the U.S. class action, and this settlement is subject to court
approval. In early 2015, two additional class actions were filed
seeking damages for persons who transacted FX futures and options
on futures.
JPMORGAN CHASE: Dismissal Bid in US Dollar LIBOR Cases Pending
--------------------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that motions to dismiss are
pending in the remaining individual actions and three additional
putative class actions related to U.S. dollar LIBOR.
The U.S. dollar LIBOR-related putative class actions and most U.S.
dollar LIBOR-related individual actions were consolidated for pre-
trial purposes in the United States District Court for the
Southern District of New York ("Multi-District Litigation"). In
March 2013, the Court granted in part and denied in part the
defendants' motions to dismiss the claims in the three lead
putative class actions, dismissing with prejudice the antitrust
claims, and permitting certain claims under the Commodity Exchange
Act and common law. In September 2013, class plaintiffs in two of
the three lead putative class actions filed amended complaints,
which defendants moved to dismiss. In June 2014, the Court granted
in part and denied in part defendants' motions to dismiss, further
limiting the subset of Commodity Exchange Act and common law
claims that may proceed. Plaintiffs in the third putative class
action appealed the dismissal of the antitrust claims, and the
United States Court of Appeals for the Second Circuit dismissed
the appeal for lack of jurisdiction. In January 2015, the United
States Supreme Court reversed the decision of the Court of
Appeals, holding that plaintiffs have the jurisdictional right to
appeal, and remanded the case to the Court of Appeals for further
proceedings. Motions to dismiss are pending in the remaining
individual actions and three additional putative class actions. A
new putative class action, which overlaps with one of the lead
actions, was filed in February 2015 in the United States District
Court for the Southern District of New York.
JPMORGAN CHASE: Facing Euroyen TIBOR and Yen LIBOR Cases
--------------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that the Firm is one of the
defendants in a putative class action alleging manipulation of
Euroyen TIBOR and Yen LIBOR which was filed in the United States
District Court for the Southern District of New York on behalf of
plaintiffs who purchased or sold exchange-traded Euroyen futures
and options contracts. In March 2014, the Court granted in part
and denied in part the defendants' motions to dismiss, including
dismissal of plaintiff's antitrust and unjust enrichment claims.
JPMORGAN CHASE: Class Action Related to EURIBOR Currently Stayed
----------------------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that the Firm is one of the
defendants in a putative class action filed in the United States
District Court for the Southern District of New York relating to
the interest rate benchmark EURIBOR. The case is currently stayed.
JPMORGAN CHASE: Facing Suit Over Swiss Franc LIBOR
--------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that the Firm is a
defendant in a putative class action filed in the United States
District Court for the Southern District of New York relating to
the interest rate benchmark Swiss franc LIBOR.
JPMORGAN CHASE: Moved to Dismiss ISDAFIX Rates Class Action
-----------------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that the Firm is one of the
defendants in a number of putative class actions alleging that
defendant banks and ICAP conspired to manipulate the U.S. dollar
ISDAFIX rates. Plaintiffs primarily assert claims under the
federal antitrust laws and Commodities Exchange Act. In February
2015, plaintiffs filed a consolidated amended class action
complaint, which defendants have moved to dismiss.
JPMORGAN CHASE: SC Denied Petition for Writ of Certiorari
---------------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that a putative class
action was brought by investors in certain feeder funds against
JPMorgan Chase in the United States District Court for the
Southern District of New York, as was a motion by separate
potential class plaintiffs to add claims against the Firm and
certain subsidiaries to an already pending putative class action
in the same court. The allegations in these complaints largely
track those previously raised by the court-appointed trustee for
Bernard L. Madoff Investment Securities LLC. The District Court
dismissed these complaints and the United States Court of Appeals
for the Second Circuit affirmed the District Court's decision. The
United States Supreme Court denied plaintiffs' petition for a writ
of certiorari in March 2015.
JPMORGAN CHASE: Appeal of Decision in Madoff Lawsuit Pending
------------------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that a putative class
action has been filed in the United States District Court for the
District of New Jersey by investors who were net winners (i.e.,
Madoff customers who had taken more money out of their accounts
than had been invested) in Madoff's Ponzi scheme and were not
included in the previous class action settlement. These plaintiffs
allege violations of the federal securities law, federal and state
racketeering statutes and multiple common law and statutory claims
including breach of trust, aiding and abetting embezzlement,
unjust enrichment, conversion and commercial bad faith. A similar
action has been filed in the United States District Court for the
Middle District of Florida, although it is not styled as a class
action, and includes a claim pursuant to a Florida statute. The
Firm has moved to transfer these cases to the United States
District Court for the Southern District of New York. The Florida
court denied the motion in January 2015. In March 2015, the New
Jersey court granted the motion, and plaintiffs' appeal of that
decision is pending.
JPMORGAN CHASE: Settlement in JPMC and Bear Stearns Case Okayed
---------------------------------------------------------------
JPMorgan Chase & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that in February 2015, the
United States District Court for the Southern District of New York
approved a settlement of a class action against JPMC and Bear
Stearns as mortgage-backed securities ("MBS") underwriters. Two
class actions remain pending against JPMC and Bear Stearns as MBS
issuers. In the action concerning JPMC, plaintiffs' motion for
class certification has been granted with respect to liability but
denied without prejudice as to damages. In the action concerning
Bear Stearns, the court has preliminarily approved a settlement
and a final court approval hearing was scheduled for May 2015. The
Firm is also defending a putative class action brought against
Bear Stearns in the United States District Court for the District
of Massachusetts. The parties have agreed to a settlement in
principle to resolve that action.
KAM WAH: Recalls Dry Pan or Spicy Condiments Due to Peanuts
-----------------------------------------------------------
Starting date: June 10, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Peanut
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Kam Wah Resources Co. Ltd.
Distribution: Ontario
Extent of the product distribution: Retail
CFIA reference number: 9852
Brand name Common name Size Code(s) on UPC
---------- ----------- ---- product ---
----------
Wong's Wangjiadu Dry 200 g 2015/01/03 6 948637 500682
Pan Condiment 07701
or Wangjiadu
Spicy Condiment
KAM WAH: Recalls Lollipop Candies Due to Milk
---------------------------------------------
Starting date: June 11, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Kam Wah Resources Co. Ltd.
Distribution: Ontario
Extent of the product distribution: Retail
CFIA reference number: 9882
Kam Wah Resources Company Ltd. is recalling lollipop candy from
the marketplace because they contain milk which is not declared on
the label. People with an allergy to milk should not consume the
recalled product described below.
Check to see if you have recalled product in your home. Recalled
product should be thrown out or returned to the store where it was
purchased.
If you have an allergy to milk, do not consume the recalled
product as it may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of this product.
This recall was triggered by a consumer complaint. The Canadian
Food Inspection Agency (CFIA) is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand name Common name Size Code(s) on UPC
---------- ----------- ---- product ---
----------
None Lollipop 200 g All codes 6 911316 410503
(Chinese Candy where milk
characters is not
only) declared on
the label.
Pictures of the Recalled Products available at:
http://is.gd/1z1Bp8
KENTECH CONSULTING: Sued in Cal. Over Inaccurate Consumer Reports
-----------------------------------------------------------------
Jane Roe, as an individual, and on behalf of the putative class v.
Kentech Consulting, Inc., Suna Solutions, Alere, Inc., and Does 1-
10 inclusive, Case No. 3:15-cv-01380 (S.D. Cal., June 23, 2015),
is an action for damages as a proximate result of the Defendants'
inaccurate background check report that disclosed incomplete and
outdated information.
Kentech Consulting, Inc. owns and operates a consumer reporting
agency, doing business in the State of California.
Suna Solutions is a California corporation that owns and operates
a staffing employment agency.
Alere, Inc. is a global diagnostic device and service provider,
doing business in the State of California.
The Plaintiff is represented by:
Devin Fok, Esq.
DHF LAW, APC
234 E. Colorado Blvd., 8th Floor
Pasadena, CA 91101
Telephone: (310) 430-9933
Facsimile: (818) 484-2023
E-mail: devin@devinfoklaw.com
KEY ENERGY: Opposition to Class Certification Motion Due
--------------------------------------------------------
Key Energy Services, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that the Company's
opposition to a class certification motion was due in June 2015.
Between May of 2013 and June of 2014, five lawsuits (four class
actions and one enforcement action) were filed in California
involving alleged violations of California's wage and hour laws.
In general, the lawsuits allege failure to pay wages, including
overtime and minimum wages, failure to pay final wages upon
employment terminations in a timely manner, failure to reimburse
reasonable and necessary business expenses, failure to provide
wage statements consistent with California law, and violations of
the California meal and break period laws, among other claims. Two
of the five cases have been consolidated in United States District
Court for the Central District of California.
"A class certification motion has been filed in the consolidated
action, and we are preparing our opposition, which is due in June
of 2015," the Company said.
Two of the remaining cases are currently waiting for decisions
regarding whether they will move forward in California state court
or in federal court. The fifth case is an enforcement action for
civil penalties based on California's Private Attorneys General
Act, which is pending in California state court.
"We have investigated the claims in all five lawsuits, and intend
to vigorously defend them. At this time, we cannot estimate any
possible loss or range of loss," the Company said.
KEY ENERGY: Services Unit Seeks Class Action Dismissal
------------------------------------------------------
Key Energy Services, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that defendants Key Energy
Services, Inc., Richard J. Alario, J. Marshall Dodson and Newton
W. Wilson III have filed a Motion to Dismiss class action
lawsuits.
In August 2014, two class action lawsuits were filed in the U.S.
District Court, Southern District of Texas, Houston Division,
individually and on behalf of all other persons similarly situated
against the Company and certain officers of the Company, alleging
violations of federal securities laws, specifically, violations of
Section 10(b) and Rule 10(b)-5, Section 20(a) of the Securities
Exchange Act of 1934. Those lawsuits were styled as follows: Sean
Cady, Individually and on Behalf of All Other Persons Similarly
Situated v. Key Energy Services, Inc., Richard J. Alario, and J.
Marshall Dodson, No. 4:14-cv-2368, filed on August 15, 2014; and
Ian W. Davidson, Individually and on Behalf of All Other Persons
Similarly Situated v. Key Energy Services, Inc., Richard J.
Alario, and J. Marshall Dodson, No. 4.14-cv-2403, filed on August
21, 2014.
On December 11, 2014, the Court entered an order that consolidated
the two lawsuits into one action, along with any future filed tag-
along actions brought on behalf of purchasers of Key Energy
Services, Inc. common stock. The order also appointed Inter-Local
Pension Fund as the lead plaintiff in the class action and
approved the law firm of Spector Roseman Kodroff & Willis, P.C. as
lead counsel for the consolidated class and Kendall Law Group,
LLP, as local counsel for the consolidated class. The lead
plaintiff filed the consolidated amended complaint on February 13,
2015. Among other changes, the consolidated amended complaint adds
Taylor M. Whichard III and Newton W. Wilson III as defendants and
expands the class period to include the timeframe between
September 4, 2012 and July 17, 2014. Defendants Key Energy
Services, Inc., Richard J. Alario, J. Marshall Dodson and Newton
W. Wilson III filed a Motion to Dismiss on April 14, 2015.
Defendant Taylor M. Whichard III filed a Joinder in Motion and
Motion to Dismiss on the same date.
"Because this case is in the early stages, we cannot predict the
outcome at this time. Accordingly, we cannot estimate any possible
loss or range of loss," the Company said.
KEY ENERGY: Two Collective Actions Filed in Texas
-------------------------------------------------
Key Energy Services, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that in March 2015, two
collective action lawsuits were filed in the Southern District of
Texas, Corpus Christi Division, individually and on behalf of all
others similarly situated, alleging violations of the Fair Labor
Standards Act of 1938 ("FLSA").
"We have answered the lawsuits and asserted affirmative defenses.
Because the cases are in the early stages, we cannot predict the
outcomes at this time. Accordingly, we cannot estimate any
possible loss or range of loss for either case," the Company said.
KEY ENERGY: Collective Action Filed in Pennsylvania
---------------------------------------------------
Key Energy Services, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that in April 2015, a
collective action lawsuit was filed in the Middle District of
Pennsylvania, individually and on behalf of similarly situated
employees, alleging violations of the Pennsylvania Minimum Wage
Act and the FLSA.
"We have not yet answered the lawsuit. Because the case is in the
early stages, we cannot predict the outcome at this time.
Accordingly, we cannot estimate any possible loss or range of
loss," the Company said.
KIA MOTORS: Faces "Caudillo" Suit Over Defective Sunroofs
---------------------------------------------------------
Noemi Caudillo, on behalf of herself and all others similarly
situated v. Kia Motors America, Inc. and Kia Motors Corporation,
Case No. 8:15-cv-01019 (C.D. Cal., June 25, 2015), is brought on
behalf of all the individuals who have purchased or leased a Kia
2011-2015 Sorento, Optima, and Sportage, and the 2014-2015 Soul
and Cadenza models, with a defective panoramic sunroof.
The Defendants manufacture, market, and distribute mass produced
automobiles in the United States under the Kia brand name.
The Plaintiff is represented by:
Eric H. Gibbs, Esq.
Dylan Hughes, Esq.
GIBBS LAW GROUP LLP
One Kaiser Plaza, Suite 1125
Oakland, CA 94612
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: ehg@classlawgroup.com
dsh@classlawgroup.com
- and -
Gregory F. Coleman, Esq.
Lisa A. White, Esq.
Mark E. Silvey, Esq.
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
Facsimile: (865) 533-0049
E-mail: greg@gregcolemanlaw.com
lisa@gregcolemanlaw.com
mark@gregcolemanlaw.com
KRIEGER KIDDIE: Faces "Mello" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Kyle Mello, Anna Blazejowska, Patricia Hale, and Justine Knaperek,
individually and on behalf of persons similarly situated v.
Krieger Kiddie Corporation and Elaine B. Krieger, Case No. 1:15-
cv-05660 (N.D. Ill., June 25, 2015), is brought against the
Defendants for failure to pay overtime wages for all time worked
in excess of 40 hours in individual work weeks.
The Defendants operate a chain of approximately 20 stores under
the Once Upon a Child, Plato's Closet, New Uses, and Clothes
Mentor franchises.
The Plaintiff is represented by:
Sarmistha Banerjee, Esq.
David J. Fish, Esq.
THE FISH LAW FIRM, P.c.
200 E 5th Ave Suite 123
Naperville, IL 60563
Telephone: (630) 355-7590
Facsimile: (630) 929-7590
E-mail: buri@fishlawfirm.com
dfish@fishlawfirm.com
- and -
Stephen T. Sotelo, Esq.
THE LAW OFFICE OF THOMAS J. HOMER, P.C.
200 E. Fifth Avenue, Suite 123
Naperville, IL 60563
Telephone: (630) 428-3311
Facsimile: (630) 428-3344
E-mail: ssotelo@homerlawoffices.com
LA MEXICANA: Recalls Spinach Dip Products Due to Milk
-----------------------------------------------------
La Mexicana Food Products of Vernon, CA is recalling Spinach Dip
because product labels failed to declare the food allergen, Milk,
as a sub-ingredient of the listed ingredient, Sour Cream.
People who have an allergy or severe sensitivity to Milk run the
risk of a life threatening allergic reaction, anaphylaxis, that
requires immediate medical attention should they consume products
containing allergens.
La Mexicana Spinach Dip is packaged in a 14-ounce clear plastic
cup. The product is white in color, with pieces of spinach visible
throughout. The lid has a green and yellow circular border with
"La Mexicana" in white lettering. The center of the lid has
"Spinach Dip" in green lettering, with a picture of fresh spinach.
Please see attached photos below.
La Mexicana immediately segregated its entire inventory of Spinach
Dip, and is notifying consumers and customers not to consume them.
La Mexicana wants to ensure its products are safe. Consequently,
in addition to its ongoing cooperation with the California
Department of Public Health, La Mexicana is voluntarily recalling
all La Mexicana Spinach Dip from its customers. Consumers in
possession of these products should not eat them, rather product
should be returned to the place of purchase.
La Mexicana will be sending recall notices to all of its direct
customers. Please call Craig Jaunzemis at Phone 323-277-3660 for
further information.
LAND ROVER: Recalls 2012 LR4 Models Due to Injury Hazard
--------------------------------------------------------
Starting date: June 11, 2015
Type of communication: Recall
Subcategory: SUV
Notification type: Safety Mfr
System: Structure
Units affected: 45
Source of recall: Transport Canada
Identification number: 2015258TC
ID number: 2015258
Manufacturer recall number: P065
On certain vehicles, the adhesive and primer used during assembly
of the panoramic roof glass panel may not have been to the correct
specification. This could result in the panoramic roof assembly
becoming loose, and potentially detaching from the vehicle while
the vehicle is in motion. If this were to occur, it could impact
nearby persons or objects, resulting in injury and/or vehicle and
property damage. Correction: Dealers will re-bond the panoramic
roof glass panel."
Make Model Model year(s) affected
---- ----- ----------------------
LAND ROVER LR4 2012
LAND ROVER: Recalls Multiple Vehicle Models Due to Injury Hazard
----------------------------------------------------------------
Starting date: June 11, 2015
Type of communication: Recall
Subcategory: SUV
Notification type: Safety Mfr
System: Structure
Units affected: 6120
Source of recall: Transport Canada
Identification number: 2015259TC
ID number: 2015259
Manufacturer recall number: P068
On certain vehicles, if doors fail to latch properly in the
primary or secondary closed position, there would be no indication
provided to vehicle occupants of the unlatched door condition.
This could result in a door opening while the vehicle is in
motion, which could increase the risk of injury to a vehicle
occupant seated next to the door, or result in damage to property.
Correction: Dealers will update the vehicle software.
Make Model Model year(s) affected
---- ----- ----------------------
LAND ROVER RANGE ROVER 2013
LAND ROVER RANGE ROVER 2014
SPORT
LTD FINANCIAL: Faces "Baez" Suit Over FDCPA Violation
-----------------------------------------------------
Liznelia Baez, on behalf of herself and all others similarly
situated v. LTD Financial Services, L.P., Case No. 6:15-cv-01043-
PGB-TBS (M.D. Fla., June 25, 2015), is brought against the
Defendant for violation of the Fair Debt Collection Practices Act.
The Plaintiff is represented by:
Brian W. Warwick, Esq.
Janet R. Varnell, Esq.
Steven Thomas Simmons Jr., Esq.
VARNELL & WARWICK, PA
P.O. Box 1870
Lady Lake, FL 32158
Telephone: (352) 753-8600
Facsimile: (352) 753-8606
E-mail: bwarwick@varnellandwarwick.com
jvarnell@varnellandwarwick.com
ssimmons@varnellandwarwick.com
- and -
Michael Tierney, Esq.
MICHAEL TIERNEY, PA
918 Beard Ave
Winter Park, FL 32789
Telephone: (407) 740-0074
Facsimile: (407) 740-0079
E-mail: michael@tierneylaw.us
MALLINCKRODT PUBLIC: Settlement Subject to Final Court Approval
---------------------------------------------------------------
Mallinckrodt public limited company said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 5, 2015,
for the quarterly period ended March 31, 2015, that the settlement
in the putative class action securities litigation is subject to a
number of conditions, including, among other things, final court
approval following notice to the class.
On September 26, 2012, a putative class action lawsuit was filed
against Questcor and certain of its officers and directors in the
U.S. District Court for the Central District of California,
captioned John K. Norton v. Questcor Pharmaceuticals, et al., No.
SACvl2-1623 DMG (FMOx). The complaint purports to be brought on
behalf of shareholders who purchased Questcor common stock between
April 26, 2011 and September 21, 2012. The complaint generally
alleges that Questcor and certain of its officers and directors
engaged in various acts to artificially inflate the price of
Questcor stock and enable insiders to profit through stock sales.
The complaint asserts that Questcor and certain of its officers
and directors violated sections l0(b) and/or 20(a) of the
Securities Exchange Act of 1934, as amended ("the Exchange Act"),
by making allegedly false and/or misleading statements concerning
the clinical evidence to support the use of Acthar for indications
other than infantile spasms, the promotion of the sale and use of
Acthar in the treatment of multiple sclerosis and nephrotic
syndrome, reimbursement for Acthar from third-party insurers, and
Questcor's outlook and potential market growth for Acthar. The
complaint seeks damages in an unspecified amount and equitable
relief against the defendants. This lawsuit has been consolidated
with four subsequently-filed actions asserting similar claims
under the caption: In re Questcor Securities Litigation, No. CV
12-01623 DMG (FMOx).
On October 1, 2013, the District Court granted in part and denied
in part Questcor's motion to dismiss the consolidated amended
complaint. On October 29, 2013, Questcor filed an answer to the
consolidated amended complaint and fact discovery was concluded in
January 2015.
In April 2015, the parties executed a long-form settlement
agreement, under the terms of which Questcor agreed to pay $38.0
million to resolve the plaintiff's claims, inclusive of all fees
and costs. Questcor and the individual defendants maintain that
the plaintiffs' claims are without merit, and have entered into
the settlement to eliminate the uncertainties, burden and expense
of further protracted litigation. During the three months ended
March 27, 2015, the Company established a $38.0 million reserve
for this settlement. The settlement is subject to a number of
conditions, including, among other things, final court approval
following notice to the class.
MAXIM HEALTHCARE: "Crother" Suit Seeks to Recover Unpaid Overtime
-----------------------------------------------------------------
Michael Crother and Thomas Hong, individually and on behalf of all
similarly situated individuals v. Maxim Healthcare Services, Inc.,
Case No. 4:15-cv-02912 (N.D. Cal., June 23, 2015), seeks to
recover unpaid overtime wages and damages pursuant to the Fair
Labor Standard Act.
Maxim Healthcare Services, Inc. is a Maryland corporation that
provides in-home personal care, management and treatment of a
variety of conditions by nurses, therapists, medical social
workers, and home health aides.
The Plaintiff is represented by:
David J. Harris Jr., Esq.
Mark L. Knutson, Esq.
FINKELSTEIN & KRINSK LLP
550 West C Street, Suite 1760
San Diego, CA 92101
Telephone: (619) 540-5570
Facsimile: (619) 238-5425
E-mail: djh@classactionlaw.com
mlk@classactionlaw.com
MCCORMICK & CO: Sued Over Deceptive Trade Practices
---------------------------------------------------
The Associated Press reports that a small Minnesota producer,
Watkins Inc., filed a lawsuit on June 9 against giant spice maker
McCormick & Co., claiming it has misled consumers by secretly
cutting the amount of pepper in its tins by 25 percent, without
reducing the price or size of the container.
Winona-based Watkins is known for its food extracts, especially
vanilla. The 147-year-old company has been trying to expand its
spice business in recent years. In its lawsuit, Watkins claims
McCormick has violated federal and state laws regarding deceptive
trade practices and has misled consumers and food retailers. The
Star Tribune reports that Watkins says McCormick has cut the
amount of pepper in its spice tins by half, to 2 ounces.
McCormick "gave the false impression that nothing had changed,"
Watkins said in its lawsuit. The company's pepper tins "are now
25 percent empty, which constitutes nonfunctional 'slack-fill.'"
As the dominant pepper player, McCormick essentially has set a
standard for packaging in the market, prompting competing brands
to use similarly sized tins, Watkins argues.
"McCormick intentionally maintained the price of its standard
tins, notwithstanding the significant reduction in the amount of
ground black pepper contained in the traditional tin, which had
the effect of further adding to the perception that nothing had
changed," Watkins said in the suit.
McCormick spokeswoman Lori Robinson said the company has reduced
the net weight of its black pepper and has been forthright about
the changes.
"We followed industry standard procedures and were transparent
about this change, clearly updating the net weight on packaging,
issuing a UPC code change and notifying retailers well in advance.
It is typical for packaging size and UPC code changes to take time
in store to transition," Ms. Robinson said in a statement.
METALICO INC: Faces "Britten" Suit Over Proposed Total Merger
-------------------------------------------------------------
David Britten, individually and on behalf of all others similarly
situated v. Metalico, Inc., et al., Case No. 111970-VCL (Del. Ch.,
June 24, 2015), is brought on behalf of all the public
stockholders of Metalico, Inc., to enjoin the proposed acquisition
of Metalico by Total Merchant Limited for an unfair price and
inadequate consideration.
Metalico, Inc. is a Ferrous and Non-Ferrous scrap metal processor
operating in New York, New Jersey, Ohio, Pennsylvania, West
Virginia, and Mississippi.
Total Merchant Limited is a recycler and producer of aluminum and
aluminum alloys and a prominent Asian scrap metal recycler with
facilities in China and Malaysia.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
- and -
Gustavo F. Bruckner, Esq.
Anna Karin F. Manalaysay, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
E-mail: bgruckner@pomlaw.com
amanalaysay@pomlaw.com
METALICO INC: Faces "Malkiel" Suit Over Proposed Total Merger
-------------------------------------------------------------
Daniel Malkiel, on behalf of himself and all others similarly
situated v. Metalico, Inc., et al., Case No. 11196 (Del. Ch., June
24, 2015), is brought on behalf of all the public stockholders of
Metalico, Inc., to enjoin the proposed acquisition of Metalico by
Total Merchant Limited for an unfair price and inadequate
consideration.
Metalico, Inc. is a Ferrous and Non-Ferrous scrap metal processor
operating in New York, New Jersey, Ohio, Pennsylvania, West
Virginia, and Mississippi.
Total Merchant Limited is a recycler and producer of aluminum and
aluminum alloys and a prominent Asian scrap metal recycler with
facilities in China and Malaysia.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
MORGAN STANLEY: Fails to Pay Employees OT, "Johnson" Suit Says
--------------------------------------------------------------
Darlene Johnson, individually and on behalf all others similarly
situated v. Morgan Stanley & Co. LLC, f/k/a Morgan Stanley & Co.
Incorporated, Morgan Stanley Smith Barney LLC, and Morgan Stanley,
Case No. 1:15-cv-04865-UA (S.D.N.Y., June 23, 2015), is brought
against the Defendants for failure to pay overtime wages for work
in excess of 40 hours in a workweek.
The Defendants own and operate a financial services company that
provides brokerage and related products and services to millions
of investors throughout the United States.
The Plaintiff is represented by:
Seth R. Lesser, Esq.
Jeffrey A. Klafter, Esq.
Seth R. Lesser, Esq.
Fran L. Rudich, Esq.
KLAFTER, OLSEN & LESSER, LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: (914) 934-9200
Facsimile: (914) 934-9220
E-mail: srl@klafterolsen.com
jak@klafterolsen.com
flr@klafterolsen.com
- and -
Gregg I. Shavitz, Esq.
Susan H. Stern, Esq.
Paolo Miereles, Esq.
SHAVITZ LAW GROUP, P.A.
1515 South Federal Highway, Suite 404
Boca Raton, FL 33432
Telephone: (561) 447-8888
E-mail: gshavitz@shavitzlaw.com
sstren@shavitzlaw.com
pmiereles@shavitzlaw.com
- and -
Michael J. Palitz, Esq.
SHAVITZ LAW GROUP, P.A.
830 3rd Avenue, 5th Floor
New York, NY 10022
Telephone: (800) 616-4000
Facsimile: (561) 447-8831
E-mail: mpalitz@shavitzlaw.com
MOTOR COACH: Recalls J Series Models Due to Manufacturing Defect
----------------------------------------------------------------
Starting date: June 15, 2015
Type of communication: Recall
Subcategory: Bus
Notification type: Safety Mfr
System: Steering
Units affected: 16
Source of recall: Transport Canada
Identification number: 2015263TC
ID number: 2015263
On certain buses, the wheel hub carrier on the drive axles may
crack due to a manufacturing defect. This could cause a loss of
vehicle stability, increasing the risk of a crash causing injury
and/or damage to property. Correction: Dealers will replace the
affected wheel hub carrier.
Make Model Model year(s) affected
---- ----- ----------------------
MCI J SERIES 2013
MVVT MOTORS: Faces "Pham" Suit Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Ha Pham, on behalf of all aggrieved employees and the State of
California v. MVVT Motors, LLC, d/b/a South County Lexus at
Mission Viejo, Case No. 30-2015-00795184 (Cal. Super. Ct., June
24, 2015), is brought against the Defendant for failure to pay
overtime wages in violation of the California Labor Code.
MVVT Motors, LLC owns and operates an auto plaza that sells and
services Lexus motor vehicles.
The Plaintiff is represented by:
Brian J. Mankin, Esq.
Kathy A. Le, Esq.
FERNANDEZ & LAUBY LLP
4590 Allstate Drive
Riverside, CA 92501
Telephone: (951) 320-1444
Facsimile: (951) 320-1445
E-mail: bjm@fernandezlauby.com
kle@fernandezlauby.com
NATIONAL LAMPOON: Settles Fraud Lawsuit for $3 Million
------------------------------------------------------
Rick Callahan, writing for The Associated Press, reports that
National Lampoon Inc. has agreed to pay $3 million to settle a
lawsuit alleging that a financier convicted of swindling investors
in an Ohio company fraudulently transferred millions of dollars
from those investors to the entertainment company known for movies
such as "Animal House."
A judge must approve that proposed settlement, which was filed in
federal bankruptcy court in Ohio.
The bankruptcy trustee for Fair Finance Co. had sued National
Lampoon in 2011, seeking more than $9 million and alleging that
money was fraudulently moved from Fair Finance to the Los Angeles-
based company which owns the rights to the "Vacation," ''Animal
House" and "Van Wilder" movies. Those transfers allegedly
occurred when National Lampoon was controlled by former Fair
Finance executive Timothy Durham, who was its CEO, and another
man, Daniel Laikin, according to the suit.
Mr. Durham and two Fair Finance associates were convicted in 2012
of bilking investors in Akron, Ohio-based Fair Finance out of more
than $200 million.
Federal prosecutors said Mr. Durham, who was sentenced to 50 years
in prison on securities fraud and other charges, used some of that
ill-gotten money to finance a lavish lifestyle, including buying
mansions, classic cars and luxury items.
Bankruptcy trustee Brian Bash's lawsuit against National Lampoon
is one of dozens of lawsuits he's filed seeking to recover some of
the losses suffered by about 5,200 investors who lost money
through Fair Finance's financial collapse. The federal judge who
sentenced Durham also ordered him to pay $202.8 million in
restitution to his victims.
National Lampoon President Alan Donnes said in a statement Tuesday
that the company is "very happy to have this matter resolved in a
manner that allows the company to move forward."
"This settlement finally allows us to move forward with our
initiatives in television, the digital space, and in feature
films," Mr. Donnes said.
In the court filing, Bash said that while he believes his claims
against National Lampoon have merit, "it is unlikely that the
Trustee could recover on a judgment of $9 million." He added that
the proposed settlement "is in the best interest of the Fair
Finance estate and its beneficiaries" and added that it "will have
a positive effect on the marketability and potential value of
National Lampoon's brand and assets."
National Lampoon had sued Mr. Durham in 2013, alleging that he
used $1 million in National Lampoon funds to pay the attorney who
represented him during his federal trial in the Fair Finance case.
Andrea Loveless, an attorney for National Lampoon, said on June 2
the company hopes to resolve that suit within a few weeks.
NATIONSTAR MORTGAGE: Sued in Cal. Over Inaccurate Credit Reports
----------------------------------------------------------------
Will Davis, individually and on behalf of all others similarly
situated v. Nationstar Mortgage, LLC, Case No. 3:15-cv-02920-LB
(N.D. Cal., June 23, 2015), arises Defendant's alleged inaccurate
reporting of a delinquent account on the Plaintiff's and other
similarly situated consumers' credit reports.
Nationstar Mortgage, LLC is a national lender, which does business
throughout the State of California, with its principal place of
business in the State of Texas.
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
NCR CORPORATION: Faces "Johnson" Suit Over FCRA Violation
---------------------------------------------------------
Robert L. Johnson, on behalf of himself and of all similarly
situated individuals v. NCR Corporation and Temporary Placement
Services, Inc. d/b/a Global Employment Solutions, Case No. 1:15-
cv-02261 (N.D. Ga., June 23, 2015), is brought against the
Defendants for violation of the Fair Credit Reporting Act.
The Plaintiff is represented by:
Craig Edward Bertschi, Esq.
KILPATRICK TOWNSEND & STOCKTON, LLP
1100 Peachtree Street N.E., Suite 2800
Atlanta, GA 30309
Telephone: (404) 815-6500
E-mail: ceb@mcraebertschi.com
- and -
Leonard A. Bennett, Esq.
Matthew J. Erausquin, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
Suite 1-A, 763 J Clyde Morris Blvd.
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: lenbennett@clalegal.com
matt@clalegal.com
- and -
Mara McRae, Esq.
BROOKS & WARNER, LLC
Suite A, 295 South Culver Street
Lawrenceville, GA 30046
Telephone: (404) 681-0700
Facsimile: (404) 681-0780
E-mail: mmcrae@mbwattorneys.com
NIF CORPORATION: Faces "White" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Katherine White, individually and on behalf of all others
similarly situated v. The NIF Corporation, d/b/a Ed's Seafood
Shed, Case No. 1:15-cv-00322 (S.D. Ala., June 23, 2015), is
brought against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standard Act.
The NIF Corporation owns and operates a seafood restaurant in
Alabama.
The Plaintiff is represented by:
Robert Joseph Camp, Esq.
WIGGINS, CHILDS, PANTAZIS, FISHER & GOLDFARB, LLC
The Kress Building
301 19th Street North
Birmingham, AL 35203
Telephone: (205) 314-0500
Facsimile: (205) 254-1500
E-mail: rcamp@wigginschilds.com
NINE ENERGY: Faces "Morley" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
John Morley, individually and on behalf of all others similarly
situated v. Nine Energy Services, L.L.C., Case No. 4:15-cv-01809
(S.D. Tex., June 25, 2015), is brought against the Defendant for
failure to pay overtime wages in violation of the Fair Labor
Standard Act.
Nine Energy Services, L.L.C. is a nationwide oilfield services
with significant completion and land drilling operations
throughout the United States.
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
NKS OCEAN: "Neilan" Suit Seek to Recover Unpaid Overtime Wages
--------------------------------------------------------------
John Neilan, on his own behalf and those similarly situated v. NKS
Ocean CC, LLC, Case No. 1:15-cv-22378-RNS (S.D. Fla., June 25,
2015), seeks to recover unpaid overtime wages and damages pursuant
to the Fair Labor Standard Act.
NKS Ocean CC, LLC owns and operates Cavallis restaurants located
within Miami-Dade County, Florida.
The Plaintiff is represented by:
Richard Bernard Celler, Esq.
RICHARD CELLER LEGAL, P.A.
7450 Griffin Road, Suite 230
Davie, FL 33314
Telephone: (954) 243-4295
Facsimile: (954) 337-2771
E-mail: richard@floridaovertimelawyer.com
OFFICE DEPOT: Court Named Miller and Renous as Co-Plaintiffs
------------------------------------------------------------
Office Depot, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 28, 2015, that the Court consolidated
all of the Delaware cases and named Jamison Miller and Steve
Renous as co-plaintiffs and ordered the plaintiffs to file an
amended consolidated complaint.
On February 4, 2015, Staples and Office Depot entered into the
Staples Merger Agreement under which the companies would combine
in a stock and cash transaction. On February 9, 2015, a putative
class action lawsuit was filed by purported Office Depot
shareholders in the Court of Chancery of the State of Delaware
("Court") challenging the transaction and alleging that the
defendant companies and individual members of Office Depot's Board
of Directors violated applicable laws by breaching their fiduciary
duties and/or aiding and abetting such breaches. The plaintiffs in
David Raul, v. Office Depot, Inc. et al. seek, among other things,
injunctive relief and rescission, as well as fees and costs.
Subsequently, eight other lawsuits were filed in the Court of
Chancery of the State of Delaware making similar allegations,
namely Beth Koeneke v. Office Depot, Inc. et al., Jamison Miller
v. Office Depot, Inc. et al., Eric R. Gilbert v. Office Depot,
Inc. et al., The Feivel and Helene Gottlieb Defined Benefit
Pension Plan v. Office Depot, et al., Charles Miller v. Office
Depot, Inc. et al., David Max v. Office Depot, Inc. et al.,
Patrick Connors v. Office Depot, Inc. and Steve Renous v. Staples
Inc. et al. The Court subsequently consolidated all of the
Delaware cases and named Jamison Miller and Steve Renous as co-
plaintiffs and ordered the plaintiffs to file an amended
consolidated complaint.
OFFICE DEPOT: Wants Florida Actions Dismissed for Improper Venue
----------------------------------------------------------------
Office Depot, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 28, 2015, that in February 2015, two
lawsuits were filed in Palm Beach County Circuit Court, namely
Keny Petit-Frere v. Office Depot, Inc., et al. and John Sweatman
v. Office Depot, Inc., et al. alleging the same allegations. The
lawsuits generally sought injunctive relief enjoining the
consummation of the transaction, rescission of the transaction in
the event it is consummated, damages, fees, costs, and other
remedies. Office Depot filed a motion to dismiss the Florida
lawsuits for improper venue.
OFFICE DEPOT: "Heitzenrater" Case in Early Stage
------------------------------------------------
Office Depot, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 28, 2015, that the case Heitzenrater
v. OfficeMax North America, Inc., et al. is in the early stage.
Heitzenrater v. OfficeMax North America, Inc., et al. was filed in
the United States District Court for the Western District of New
York in September 2012 as a putative class action alleging
violations of the Fair Labor Standards Act and New York Labor Law.
The complaint alleges that OfficeMax misclassified its assistant
store managers ("ASMs") as exempt employees. The Company believes
that adequate provisions have been made for probable losses and
such amounts are not material. However, in light of the early
stage of the case and the inherent uncertainty of litigation, the
Company is unable to estimate a reasonably possible range of loss
in the matter. OfficeMax intends to vigorously defend itself in
this lawsuit.
OFFICE DEPOT: "Rivet" Class Action Pending
------------------------------------------
Office Depot, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 28, 2015, that Kyle Rivet v. Office
Depot, Inc., formerly known as Constance Gibbons v. Office Depot,
Inc., a putative class action that was instituted in May 2012, is
pending in the United States District Court for the District of
New Jersey. The complaint alleges that Office Depot's use of the
fluctuating workweek (FWW) method of pay was unlawful because
Office Depot failed to pay a fixed weekly salary and failed to
provide its ASMs with a clear and mutual understanding
notification that they would receive a fixed weekly salary for all
hours worked. The plaintiffs in both complaints seek unpaid
overtime, punitive damages, and attorneys' fees." The Company
believes in this case that adequate provisions have been made for
probable losses and such amounts are not material. However, in
light of the early stage of the case and the inherent uncertainty
of litigation, the Company is unable to estimate a reasonably
possible range of loss in these matters. Office Depot intends to
vigorously defend itself in these lawsuits.
OILFIELD EQUIPMENT: Faces "Coker" Suit Over Failure to Pay OT
-------------------------------------------------------------
Christopher Coker, on behalf of himself and all others similarly
situated v. Oilfield Equipment Rental, LLC and Nancy Fuller, Case
No. 2:15-cv-00283 (S.D. Tex., June 23, 2015), is brought against
the Defendants for failure to pay overtime wages for all hours in
excess of 40 in a workweek.
The Defendants provide oil and gas well monitoring services to
energy companies nationwide.
The Plaintiff is represented by:
Galvin B. Kennedy, Esq.
KENNEDY HODGES LLP
711 W Alabama Street
Houston, TX 77006
Telephone: (713) 523-0001
E-mail: gkennedy@kennedyhodges.com
OLIVERII CORPORATION: Sued Over Failure to pay Overtime Wages
-------------------------------------------------------------
Juan Villatoro, individually and on behalf of other employees
similarly situated v. Oliverii Corporation and Alberto Oliverii,
Case No. 1:15-cv-05583 (N.D. Ill., June 23, 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 restaurant in Lake 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: dstevens@yourclg.com
PALI NORTH: Recalls Children's Furniture Due to Fall Hazard
-----------------------------------------------------------
Starting date: June 9, 2015
Posting date: June 9, 2015
Type of communication: Consumer Product Recall
Subcategory: Children's Products
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public
Identification number: RA-53597
This recall involves Pali Design armoires, combos, dressers and
hutches sold separately or in the following collections, with the
following model numbers and product names:
Collection Name Model Number/Product Name Colors
--------------- ------------------------- ------
Milano Collection 101 Milano Combo Mocacchino,
107 Milano Natural White
Salerno Collection 201 Salerno Combo White,
205 Salerno 5-Drawer Mocacchino,
Dresser Sienna
206 Salerno 5-Drawer
Dresser
West Point 705 West Point 5-Drawer Vintage
Collection Dresser Cherry,
706 West Point Double White
Dresser
707 West Point Armoire
709 West Point Hutch
Wendy Collection 801 Wendy Combo Amber,
805 Wendy 5-Drawer Dresser Distressed
806 Wendy Double Dresser White,
807 Wendy Armoire Chocolate,
809 Wendy Hutch Distressed
Cognac
Mantova Collection 1004 Mantova 4-Drawer v
Dresser
1006 Mantova Double
Dresser White
Volterra Collection 1203 Volterra 3-Drawer Vintage
Dresser Cherry,
1205 Volterra 5-Drawer White
Dresser
1206 Volterra Double
Dresser Mocacchino,
Karla Collection 1504 Karla 4-Drawer Dresser Cherry
1506 Karla Double Dresser
Bookcase/Hutch 5555 Bookcase/Hutch Vintage
Cherry,
Chocolate,
Mocacchino,
Sienna,
White, Cognac
The recalled furniture was manufactured from January 2006 to
September 2010. Combos combine drawers and a cabinet in one unit.
The model number, product name and manufacture date are printed on
a white sticker on the back of the units. The manufacture date is
in the YYYY-MM-DD format.
The plastic restraint strap used to attach armoires, combos,
dressers and hutches to a wall can break and allow the unit to tip
over. Falling furniture can result in a wide range of injuries to
young children, from soft tissue bruising to broken bones, head
injuries and death by suffocation when a child is pinned under a
heavy piece of furniture.
Pali Design has received one report of a restraint strap on a
Wendy Double Dresser breaking and allowing the unit to tip over in
the United States. No injuries have been reported.
Health Canada has not received any consumer reports of incidents
or injuries related to the use of these products in Canada.
Approximately 2,160 units were sold in Canada and 18,000 units in
the United States.
The affected products were sold from January 2007 to September
2010.
Manufactured in Vietnam.
Manufacturer: Associate Yang Enterprise Vietnam Co., Ltd.,
No. 22 2A Street, Industrial Zone Bien Hoa,
Dongnai/HCMC
VIET NAM
Distributor: Pali North America
1525 Hymus, H9P 1J5
Montreal
Quebec
CANADA
Pictures of the Recalled Products available at:
http://tinyurl.com/nl743me
PANARIUM KISSENA: Sued in E.D.N.Y. Over Illegal Meal Deductions
---------------------------------------------------------------
Jing Fang Luo and Shuang Qiu Huang, on behalf of themselves and
others similarly situated v. Panarium Kissena Inc. d/b/a Fay Da
Bakery, et al., Case No. 1:15-cv-03642-WFK-CLP (E.D.N.Y., June 23,
2015), arises from the Defendants' practice of automatically
taking illegal meal deductions from employees' wages.
Panarium Kissena Inc. owns and operates a bakery located at 41-60
Main Street, Flushing NY 11354.
The Plaintiff is represented by:
John Troy, Esq.
TROY & ASSOCIATES, PLLC
41-25 Kissena Blvd., Suite 119
Flushing, NY 11355
Telephone: (718) 762-1324
Facsimile: (718) 762-1342
E-mail: tsaihongjanq@hotmail.com
PANCHO'S FAMILY: Faces "Magallan" Suit Over Failure to Pay OT
-------------------------------------------------------------
Ramon Magallan, individually and on behalf of other employees
similarly situated v. Pancho's Family Restaurant, LLC and Claudia
Saltijeral, Case No. 1:15-cv-05578 (N.D. Ill., June 23, 2015), is
brought against the Defendants for failure to pay overtime wages
for work in excess of 40 hours in a workweek.
The Defendants own and operate a restaurant located at 700 E. New
York Street, Aurora, Illinois.
The Plaintiff is represented by:
David E. Stevens, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Telephone: (312) 307-0766
E-mail: dstevens@yourclg.com
PEARCE & DURICK: Sued Over Failure to Review Investment Documents
-----------------------------------------------------------------
Abdul Aleem s/o MM Ibrahim, et al. v. Pearce & Durick and Jonathan
P. Sanstead, Case No. 1:15-cv-00085 (D.N.D., June 25, 2015), is
brought against the Defendant for failure to adequately review
deal documents pertaining to the Plaintiffs' investment in an
unlawful securities offering called North Dakota Developments,
LLC.
The Defendants are a Bismarck, North Dakota law firm and attorney,
whose practice is focused on corporate law and financial
institution law, among others.
The Plaintiff is represented by:
Mac J. Schneider, Esq.
SCHNEIDER, SCHNEIDER & SCHNEIDER
317 1/2 Kittson Ave.
Grand Forks, ND 58201
Telephone: (701) 757-2050
Facsimile: (701) 757-2051
E-mail: mac@schneiderlawfirm.com
- and -
Alan Rosca, Esq.
PEIFFER, ROSCA, WOLF, ABDULLAH, CARR & KANE
A PROFESSIONAL LAW CORPORATION
1422 Euclid Avenue, Suite 1610
Cleveland, OH 44115
Telephone: (216) 570-0097
Facsimile: (888) 411-0038
E-mail: arosca@prwlegal.com
- and -
Joseph C. Peiffer, Esq.
PEIFFER, ROSCA, WOLF, ABDULLAH, CARR & KANE
A PROFESSIONAL LAW CORPORATION
201 St. Charles Avenue, Suite 4610
New Orleans, LA 70170
Telephone: (504) 523-2434
Facsimile: (504) 523-2464
E-mail: jpeiffer@prwlegal.com
- and -
J. Barton Goplerud, Esq.
HUDSON, MALLANEY, SHINDLER & ANDERSON, P.C.
5015 Grand Ridge Drive, Suite 100
West Des Moines, IO 50265
Telephone: (515) 223-4567
Facsimile: (515) 2223-8887
E-mail: jbgoplerud@hudsonlaw.net
PETSMART INC: Recalls Aquarium Heaters Due to Electric Shock Risk
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
PetSmart Inc., of Phoenix, Ariz., announced a voluntary recall of
about 112,200 Top Fin Plastic Aquarium Heaters (33,000 heaters
were recalled in August 2014) and about 4,800 in Canada. Consumers
should stop using this product unless otherwise instructed. It is
illegal to resell or attempt to resell a recalled consumer
product.
An electrical problem with the aquarium heaters, poses a risk of
fire or electrical shock to the consumer.
This recall involves all 50-, 100-, 150-, 200- and 250-watt Top
Fin brand plastic aquarium heaters sold between August 2014 and
April 2015 with model numbers: HT50, HT100, HT150, HT200 or HT250.
The black cylindrical-shaped heaters are about 1.5 inches in
diameter and about 13 inches tall. "Top Fin Premium Aquarium
Heater," the model number and the heater's wattage are printed on
the side of the heater near the top. The lot number is printed
beneath the words "Made in China." All lot numbers are included in
this recall.
The firm has received 13 reports of incidents, including four
reports of minor shock, seven reports of the water tanks
overheating and one report of property damage from an electrical
shortage resulting in fire.
Pictures of the Recalled Products available at:
http://tinyurl.com/n9ct37b
The recalled products were manufactured in China and sold
exclusively at PetSmart stores nationwide from August 2014 to
April 2015 for between $25 and $40.
Consumers should immediately stop using the recalled heaters and
return them to any PetSmart store for a full refund.
PINNACLE FOODS: Recalls Poultry Products Due to Misbranding
-----------------------------------------------------------
Pinnacle Foods Group, LLC, a Fayetteville, Ark. establishment, is
recalling approximately 668,316 pounds of poultry products due to
misbranding. The product contains monosodium glutamate (MSG),
which is not declared on the label, the U.S. Department of
Agriculture's Food Safety and Inspection Service (FSIS) announced.
The poultry dinner items were produced on various dates between
December 11, 2013 through June 9, 2015. The following products are
subject to recall:
-- 383 g frozen dinners of "Swanson Stuffing Baked Turkey."
The products subject to recall bear the establishment number
"P-138" inside the USDA mark of inspection. These items produced
were shipped to retail locations in Canada.
The problem was discovered during routine in-plant verification
activities.
FSIS and the company are concerned that the product may be frozen
and in consumers' freezers.
FSIS and the company have received no reports of adverse reactions
due to consumption of these products. Anyone concerned about an
injury or illness should contact a healthcare provider.
Consumers with questions about the recall can contact the company,
at (888) 815-6480. Media with questions about the recall can
contact the company, at (973) 541-8620 or
mediainquiries@pinnaclefoods.com.
Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. The toll-free USDA Meat and
Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in
English and Spanish and can be reached from l0 a.m. to 4 p.m.
(Eastern Time) Monday through Friday. Recorded food safety
messages are available 24 hours a day. The online Electronic
Consumer Complaint Monitoring System can be accessed 24 hours a
day at: http://www.fsis.usda.gov/reportproblem.
PNS STORES: Sued Over Wheelchair Inaccessible Facility
------------------------------------------------------
James Van Winkle v. PNS Stores, Inc., Case No. 4:15-cv-01808 (S.D.
Tex., June 25, 2015), is brought against the Defendant for failure
to design facility that is fully accessible to individuals with
physical disability.
PNS Stores, Inc. operates Big Lots Store #4148 at Bayway Plaza
Shopping Center, and is located at 1201 W. Nasa Rd., Webster, TX
77958.
The Plaintiff is represented by:
Ronald J. Smeberg, Esq.
RONALD J. SMEBERG, PLLC
2010 West Kings Hwy.
San Antonio, TX 78201-4926
Telephone: (210) 695-6684
Facsimile: (210) 598-7357
E-mail: ron@smeberg.com
- and -
John P. Fuller, Esq.,
FULLER, FULLER & ASSOCIATES, P.A.
12000 Biscayne Blvd., Suite 502
North Miami, FL 33181
Telephone: (305) 891-5199
Facsimile: (305) 893-9505
E-mail: jpf@fullerfuller.com
PROCYCLE GROUP: Recalls Racing Bicycles and Bicycle Frame Kits
--------------------------------------------------------------
Starting date: June 17, 2015
Posting date: June 17, 2015
Type of communication: Consumer Product Recall
Subcategory: Sports/Fitness
Source of recall: Health Canada
Issue: Fall Hazard
Audience: General Public
Identification number: RA-53783
This recall involves all Colnago CF10 and Colnago V1-r racing
bicycles and bicycle frame kits that fit 28-inch wheels.
The words Colnago for Ferrari are on the downtube, and the Ferrari
logo is on the seat tube of the CF10. The word Colnago is on the
downtube, and the Ferrari logo is on the crossbar of the V1-r.
Model numbers CF10 or V1-r are on both sides of the fork.
The models were available in the following colours:
Model Number Colour
------------ ------
CF10 Frame Black with white letters and red trim
Black with white letters and yellow trim
V1-r Frame Black with white letters and red trim
Grey with black letters and black trim
Grey with white letters and white trim
White with silver letters and silver trim
The front brakes can detach from the fork during use, posing a
fall hazard to the rider.
Neither Health Canada nor Colnago has received any reports of
consumer incidents or injuries to Canadians related to the use of
these products.
Colnago has not received any reports of consumer incidents or
injuries in the United States.
Approximately 34 units were sold in Canada, and approximately 400
units in the United States.
The recalled bicycles and frame kits were sold from August 2014 to
April 2015 at an authorized Colnago dealer.
Manufactured in Taiwan.
Distributor: Procycle Group Inc.
St-Georges
Quebec
CANADA
Consumers should stop using the recalled bicycles and bicycle
frame kits and contact an authorized Colnago dealer for an
inspection and replacement of the front fork if necessary.
For additional information, consumers may contact Procycle Group
toll-free at 1-800-663-2512, from 8:00 a.m. to 5:00 p.m. EST,
Monday through Friday. Consumers may also visit Colnago's website
and click on Colnago recalls bikes and frame kits for more
information.
Consumers may view the release by the US CPSC on the Commission's
website.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
Pictures of the Recalled Products available at:
http://tinyurl.com/pq28dos
PROJECT 7: Recalls Sour Caramel Apple Gum Products Due to Dairy
---------------------------------------------------------------
Project 7 is voluntarily recalling all lots distributed of Sour
Caramel Apple Gum from August 20th, 2014 to June 11th, 2015
because the caramel flavoring ingredient in the gum contains a
small amount of dairy, an allergen that is not declared on the
packaging. People who have an allergy to milk run the risk of
experiencing a serious or life-threatening reaction if they
consume the product. Project 7 is taking these proactive
precautions as part of its commitment to the well-being of its
consumer base, who have for years supported the philanthropic
brand.
Sour Caramel Apple Gum is sold nationally, in limited
distribution, in various retailers and online. The product comes
in a 0.53 oz. white and green film pouch package with the image of
a caramel apple on a stick on the front of it. Each pouch contains
12 pieces of chewing gum.
Printed upon the front of the package are the words "Sour Caramel
Apple," "Gourmet Gum," and "Sugar Free." On the rear panel, among
other details, are the words, "Distributed by Project 7, Inc.,"
and UPC code "844911 002919."
The recall was initiated by a product packaging review that
determined the label did not reveal the presence of milk after an
ingredient inventory exercise.
To date, no illnesses have been reported. While this is a loss for
Project 7, the company is taking all and any necessary steps to
protect their consumers from any potential harm, in accordance
with its mission to remain a fun brand that does good in the
world.
There are no other Project 7 products sold under the Project 7
trademark that are, to the company's knowledge, affected or suffer
from this error. The company will be revising the label of the
product before re-introducing it into the market.
Consumers who have purchased packages of Sour Caramel Apple Gum
sold at various retailers or online and have an allergy to milk
are urged to discard the product or return it to Project 7. They
may also return it to the store they purchased it from for a full
refund.
For more information, consumers with questions may contact Project
7 Customer Relations at 877-777-3033, Monday through Friday, 8:00
AM to 5:00 PM, Pacific Time.
About Project 7
Project 7 is a specialty gum and mint brand that has a simple
mission: to solve everyday problems around the globe by selling
everyday products to everyday people. They partner with non-
profits to support seven areas of need: to feed the hungry, heal
the sick, hope for peace, house the homeless, quench the thirsty,
teach them well, and save the earth. The company is based in San
Clemente, California.
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm452206.htm
QRX PHARMA: Sued Over Misleading Reports on Moxdou Drugs Efficacy
-----------------------------------------------------------------
Robert Burns Logan, individually and on behalf of all others
similarly situated v. QRX Pharma Ltd. and John Holaday, Case No.
1:15-cv-04868 (S.D.N.Y., June 23, 2015), alleges that the
Defendants' made materially false and misleading statements
regarding their main experimental drug, Moxduo's approval in the
United States. Specifically, the made false and misleading
statements concerning the efficacy and safety of Moxduo as well as
sufficiency of the Company's studies for Moxduo and the likelihood
of Food and Drug Administration (FDA) approval.
QRX Pharma Ltd. is a specialty pharmaceutical company
headquartered in Australia that focuses its research and
development on treatments of pain management.
The Plaintiff is represented by:
Joseph P. Guglielmo, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
The Chrysler Building
405 Lexington Avenue, 40th Floor
New York, NY 10174
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: jguglielmo@scott-scott.com
- and -
David R. Scott, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
156 South Main Street
P.O. Box 192
Colchester, CT 06415
Telephone: (860) 537-5537
Facsimile: (860) 537-4432
E-mail: david.scott@scott-scott.com
RAYMOND-HADLEY: Recalls Phoebe Mote Products Due to Sulfites
------------------------------------------------------------
The Raymond-Hadley Corporation, 89 Tompkins Street, Spencer, NY
14883 is recalling PHOEBE MOTE BLANCO WHITE CORN SEMOULE DE MAIS
BLANC, PESO NETO 396.9 g, NET WEIGHT 14oz. PHOEBE MOTE PELADO
BLANCO 50lb. PHOEBE MOTE PELADO BLANCO PESO NETO 1530g, NET WEIGHT
54oz. PHOEBE MOTE BLANCO PEELED WHITE CORN PESO NETO 1814g, NET
WEIGHT 4lb. because it may contain undeclared sulfites. People who
have severe sensitivity to sulfites run the risk of serious or
life-threatening allergic reactions if they consume this product.
--- PHOEBE MOTE BLANCO WHITE CORN SEMOULE DE MAIS BLANC, PESO
NETO 396.9 g, NET WEIGHT 14oz.
Were sold: Elmhurst NY, Falls Church VA, Forestville MA,
Maspeth NY, Quebec CA, Roxbury MA, Saint Leonard CA,
Secaucus NJ, Silver Springs MD, and Washington D.C. USA,
Westbury NY.
--- PHOEBE MOTE PELADO BLANCO PESO NETO 1530g, NET WEIGHT 54oz.
Were sold: Elmhurst NY, Falls Church VA, Forestville MA,
Secaucus NJ, Washington D.C. USA, Westbury NY
--- PHOEBE MOTE BLANCO PEELED WHITE CORN PESO NETO 1814g, NET
WEIGHT 4lb
Were sold: Falls Church VA, Forestville MA, Secaucus NJ,
Westbury NY
--- PHOEBE MOTE PELADO BLANCO 50lb.
Were sold: Forestville MA, Mississauga ON CA, Norwalk CN,
Quebec CA, Saint Leonard QC CA, Secaucus NJ, St. Catherines
ON CA, Sun Valley CA, Westbury NY.
The recall was initiated after routine sampling by New York State
Department of Agriculture and Markets Food Inspectors and
subsequent analysis of the product by Food Laboratory personnel
revealed the presence of sulfites in packages of PHOEBE MOTE
BLANCO WHITE CORN SEMOULE DE MAIS BLANC, PESO NETO 396.9 g, NET
WEIGHT 14oz. which did not declare sulfites on the label. The
consumption of 10 milligrams of sulfites per serving has been
reported to elicit severe reactions in some asthmatics.
Anaphylactic shock could occur in certain sulfite sensitive
individuals upon ingesting 10 milligrams or more of sulfites.
No illnesses have been reported to date in connection with this
problem.
Consumers who have purchased PHOEBE MOTE BLANCO WHITE CORN SEMOULE
DE MAIS BLANC, PESO NETO 396.9 g, NET WEIGHT 14oz. or PHOEBE MOTE
PELADO BLANCO 50lb. or PHOEBE MOTE PELADO BLANCO PESO NETO 1530g,
NET WEIGHT 54oz. or PHOEBE MOTE BLANCO PEELED WHITE CORN PESO NETO
1814g, NET WEIGHT 4lb should return it to the place of purchase.
Consumers with questions may contact the company at 1-800-252-
5220.
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm451847.htm
RESTAURANT BRANDS: $8.5MM Settlement Has Final Court Approval
-------------------------------------------------------------
Restaurant Brands International Inc. said in its Form 10-Q Report
filed with the Securities and Exchange Commission on May 5, 2015,
for the quarterly period ended March 31, 2015, that the settlement
agreement in the class action against Burger King Corporation
("BKC") has received final court approval.
On March 1, 2013, a putative class action lawsuit was filed
against BKC in the U.S. District Court of Maryland. The complaint
alleges that BKC and/or its agents sent unsolicited advertisements
by fax to thousands of consumers in Maryland and elsewhere in the
United States to promote its home delivery program in violation of
the Telephone Consumers Protection Act. The plaintiff sought
monetary damages and injunctive relief. On August 19, 2014, BKC
agreed to pay $8.5 million to settle the lawsuit. On December 2,
2014, the parties finalized a settlement agreement which received
final court approval on April 15, 2015.
ROOT9B TECHNOLOGIES: Sued Over Misleading Financial Reports
-----------------------------------------------------------
Ty Messerli, individually and on behalf of all others similarly
situated v. Root9b Technologies, Inc., Case No. 2:15-cv-04750
(C.D. Cal., June 23, 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.
Root9b Technologies, Inc. is a Delaware corporation that provides
cyber-security and regulatory risk mitigation solutions.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
E-mail: lrosen@rosenlegal.com
SABRE CORPORATION: To Appeal Class Action Filed by San Antonio
--------------------------------------------------------------
Sabre Corporation said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that the Company intends to
appeal the final judgment in a class action lawsuit filed by the
City of San Antonio to the United States Court of Appeals for the
Fifth Circuit.
On April 4, 2013, the United States District Court for the Western
District of Texas ("W.D.T.") entered a final judgment against
Travelocity and other OTAs in a class action lawsuit filed by the
City of San Antonio. The final judgment was based on a jury
verdict from October 30, 2009 that the OTAs "control" hotels for
purposes of city hotel occupancy taxes. Following that jury
verdict, on July 1, 2011, the W.D.T. concluded that fees charged
by the OTAs are subject to hotel occupancy taxes and that the OTAs
have a duty to collect and remit these taxes.
"We disagree with the jury's finding and with the W.D.T.'s
conclusions based on the jury finding, and intend to appeal the
final judgment to the United States Court of Appeals for the Fifth
Circuit. The verdict against us, including penalties and interest,
is $4 million which we do not believe we will ultimately pay and
therefore have not accrued any loss related to this case," the
Company said.
"We believe the Fifth Circuit's resolution of the San Antonio
appeal may be affected by a separate Texas state appellate court
decision in our favor. On October 26, 2011, the Fourteenth Court
of Appeals of Texas affirmed a trial court's summary judgment
ruling in favor of the OTAs in a case brought by the City of
Houston and the Harris County-Houston Sports Authority on a
similarly worded tax ordinance as the one at issue in the San
Antonio case. The Texas Supreme Court denied the City of Houston's
petition to review the case. We believe this decision should
provide persuasive authority to the Fifth Circuit in its review of
the San Antonio case."
SANOFI-AVENTIS: Recalls Allerject Solutions Due to Device Defects
-----------------------------------------------------------------
Starting date: June 13, 2015
Posting date: June 16, 2015
Type of communication: Drug Recall
Subcategory: Drugs
Hazard classification: Type I
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-53819
Potential device defect affecting delivery of drug to patient.
Depth of distribution: Retailers
Allerject
DIN, NPN, DIN-HIM
DIN 02382059
Dosage form: Solution
Strength: Epinephrine 0.15 mg / 0.15 mL
Lot or serial number: 2857505
2857508
Recalling Firm: Sanofi-Aventis Canada Inc.
2905 Place Louis.R-Renaud
Laval
H7V 0A3
Quebec
CANADA
Marketing Authorization Holder: Sanofi-Aventis Canada Inc.
2905 Place Louis.R-Renaud
Laval
H7V 0A3
Quebec
CANADA
SANOFI-AVENTIS: Recalls Allerject Due to Manufacturing Defect
-------------------------------------------------------------
Starting date: June 13, 2015
Posting date: June 13, 2015
Type of communication: Advisory
Subcategory: Drugs
Source of recall: Health Canada
Issue: Product withdrawal
Audience: General Public
Identification number: RA-53781
Sanofi-aventis Canada Inc., in consultation with Health Canada, is
recalling two lots (2857508 and 2857505) of Allerject (0.15
mg / 0.15 mL auto-injector) due to a manufacturing defect that may
prevent the device from working properly.
As a result of a manufacturing defect with the needle, the device
may not deliver the epinephrine needed for emergency treatment of
serious allergic reactions (anaphylaxis), which can pose serious
health risks to patients. Anaphylaxis may cause death. The dosage
strength for this pre-filled, single-use auto injector is intended
for use in children weighing between 15 kilograms and 30
kilograms. The affected lots were distributed starting June 1,
2015.
--- Allerject (0.15 mg / 0.15 mL auto-injector), lots 2857508
and 2857505, DIN 02382059. The affected lots were
distributed starting June 1, 2015.
The parents and caregivers of children using this product are
advised to check the lot numbers of their Allerject (0.15 mg /
0.15 mL auto-injector) and return all affected product to their
pharmacy for replacement auto-injectors with the same dosage of
epinephrine.
They should also speak with their pharmacists to ensure they
properly understand how to use the replacement auto-injector if it
is different from the one they have been using.
Parents and caregivers of children using this product who have
concerns about their child's health should speak to their
healthcare professional.
Report any adverse events to Health Canada.
SAPUTO INC: Recalls Roquefort Cheese Products Due to Bacteria
-------------------------------------------------------------
Starting date: June 17, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning
Subcategory: Microbiological - Staphylococcus aureus
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Saputo Inc.
Distribution: National
Extent of the product distribution: Retail
Saputo Inc. is recalling Papillon brand Roquefort Cheese products
from the marketplace because they may contain the toxin produced
by Staphylococcus bacteria. Consumers should not consume the
recalled products described below.
Check to see if you have recalled product in your home. Recalled
products should be thrown out or returned to the store where it
was purchased.
Food contaminated with Staphylococcus toxin may not look or smell
spoiled. The toxin produced by Staphylococcus bacteria is not
easily destroyed at normal cooking temperatures. Common symptoms
of Staphylococcus poisoning are nausea, vomiting, abdominal
cramping and fever. In severe cases of illness, headache, muscle
cramping and changes in blood pressure and pulse rate may occur.
There have been no reported illnesses associated with the
consumption of these products.
This recall was triggered by Canadian Food Inspection Agency
(CFIA) test results. The CFIA is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled products
from the marketplace.
Brand Common Size Code(s) on UPC Additional
name name ---- product --- info
---- ------ ---------- ----------
Papillon Roquefort 100 g All codes up 3 177890-
to and 001008
including
Best Before:
2015/SE/15
Papillon Roquefort Variable All codes up Starts This product
(half to and with may have
wheels including 2 999231 been sold
approxi- Best Before: 0 in smaller
mately 2015.09.15 packages,
1.375 kg) cut and
wrapped by
some
retailers.
Consumers
are advised
to contact
the retailer
to determine
if they have
the affected
product.
Consumers are advised to contact the retailer to determine if they
have the affected product.
Pictures of the Recalled Products available at:
http://tinyurl.com/nb22mgz
SHASTA: Recalls Multiple Travel Trailer Models
----------------------------------------------
Starting date: June 16, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Compliance Mfr
System: Label
Units affected: 27
Source of recall: Transport Canada
Identification number: 2015268TC
ID number: 2015268
On certain travel trailers, the certification, tire and loading
information labels do not contain correct tire load range and
gross axle weight rating (GAWR) information. The labels
incorrectly indicate a tire size of ST225/75R15D with a GAWR of
3500 lbs, while the trailers are fitted with ST225/75R15 tires
allowing for a 3375 lbs GAWR. As a result, the vehicle may
inadvertently be overloaded, which may lead to poor vehicle
handling characteristics and potentially result in a crash causing
property damage and/or personal injury. Correction: Updated labels
will be mailed to owners of affected vehicles, along with
instructions for proper installation.
Make Model Model year(s) affected
---- ----- ----------------------
SHASTA 2015
SHIRK'S MEAT: Recalls Pork and Beef Products Due to Listeria
------------------------------------------------------------
Shirk's Meat, a Dundee, N.Y. establishment, is recalling
approximately 2,478 pounds of pork and beef products that may be
contaminated with Listeria monocytogenes, the U.S. Department of
Agriculture ' s Food Safety and Inspection Service (FSIS)
announced.
The various pork and beef items were produced between April 1,
2015 and May 12, 2015. The following products are subject to
recall:
--- 2-lb. vacuum sealed packages of "Smoked Ham End Roast
Prepared for Seven Bridges Farm" with a use by/sell by date
of April 7, 2016.
--- 2-lb vacuum sealed packages of "Smoked Ham Center Cut
Slices Prepared for Seven Bridges Farm" with a use by/sell
by date of April 7, 2016.
--- 1-lb. vacuum package of "Beef Mild Snack Stix" with a use
by/sell by date of May 8, 2015.
--- 1-lb. vacuum package of "Pork Mild Snack Stix" with a use
by/sell by date of May 8, 2015.
--- 1-lb. vacuum package of "Beef Hot Snack Stix" with a use
by/sell by date of May 8, 2015.
--- 1-lb. vacuum package of "Pork Mild Snack Stix" with a use
by/sell by date of May 8, 2015.
--- 30-lb. bag of "Smoked Pork Andouille Sausage Prepared for
Perfectly Pickled Products" with a use by/sell by date of
May 9, 2015.
--- 1-lb. package of "Pork and Beef Hotdogs" with a use by/sell
by date of April 15, 2016.
--- 10-lb packages of "Pork and Beef Hotdogs" with a use
by/sell by date of April 24, 2016.
--- 1-lb vacuum sealed bag of "Pork Beef Hotdogs," with use
by/sell by dates of May 4, 2016.
--- 10-lb vacuum sealed bag of "Pork Beef Hotdogs" with a use
by/sell by date of May 4, 2016.
--- 1-lb vacuum package of "Pork Beef Hotdogs Prepared for
Triangle T Ranch" with a use by/sell by date of May 4,
2016.
--- 1-lb package of "Seven Bridges Farm Pork Mild Snack Stix"
with a use by/sell by date of April 1, 2016.
--- 12 to 14-lb bucket of "Lard/Pork Fat" with a use by/sell by
date of June 13, 2015.
--- 9 to 12-oz vacuum sealed bag of "Smoked Sausage with
Cheese" with a use by sell/by date of June 6, 2015.
Random weights of "Smoked Whole Hams" with a use by/sell by
date of June 13, 2015.
--- 12 to 16-oz vacuum package of "Smoked Pork Chops" with a
use by/sell by date of April 16, 2016.
--- 1-lb vacuum sealed bag of "Smoked Ham Hocks" with a use
by/sell by date of April 16, 2016.
Random weights of whole vacuum sealed "Smoked Whole Ham"
with a use by/sell by date of April 23, 2016.
--- 1-lb package of "Beef Sweet Bologna" with a use by/sell by
date of May 30, 2015.
--- 1-lb package of "Cooked Picnic Roll" with a use by/sell by
date of May 30, 2015.
--- 2-lb package of "Smoked Ham Center Cut Slices" with a use
by/sell by date of April 29, 2016.
--- 2-lb package of "Smoked Ham End Roast" with a use by/sell
by date of April 29, 2016.
--- 1-lb package of "Smoked Ham Hocks" with a use by/sell by
date of May 1, 2016.
--- 12 to 16-oz vacuum sealed package of "Smoked Pork Kielbasa
Prepared for Triangle T Ranch" with a use by/sell by date
of May 1, 2016.
--- 6 to 8-oz vacuum sealed bag of "Beef Mild Snack Stix" use
by/sell by date of June 15, 2015. This product does not
bear the FSIS mark of inspection.
--- 6 to 8-oz vacuum sealed bag of "Beef Hot Snack Stix" use
by/sell by date of June 15, 2015. This product does not
bear the FSIS mark of inspection.
--- 6 to 8-oz vacuum sealed bag of "Pork Milk Snack Stix" use
by/sell by date of June 15, 2015. This product does not
bear the FSIS mark of inspection.
--- 6 to 8-oz of vacuum sealed bag of "Pork Hot Snack Stix" use
by/sell by date of June 15, 2015. This product does not
bear the FSIS mark of inspection.
The products subject to recall bear the establishment number "EST.
18894" inside the USDA mark of inspection. These products were
shipped to a various retail locations in New York.
The problem was discovered during routine sampling. In early April
2015 this establishment underwent construction, and in May 2015,
FSIS performed routine Listeria monocytogenes sampling.
Environmental, product-contact surface and Ready-to-Eat (RTE)
products that were analyzed for sampling were found to be Listeria
monocytogenes positive. Additional FSIS and establishment sampling
confirmed Listeria monocytogenes contamination.
Consumption of food contaminated with Listeria monocytogenes can
cause listeriosis, a serious infection that primarily affects
older adults, persons with weakened immune systems, and pregnant
women and their newborns. Less commonly, persons outside these
risk groups are affected.
Listeriosis can cause fever, muscle aches, headache, stiff neck,
confusion, loss of balance and convulsions sometimes preceded by
diarrhea or other gastrointestinal symptoms. An invasive infection
spreads beyond the gastrointestinal tract. In pregnant women, the
infection can cause miscarriages, stillbirths, premature delivery
or life-threatening infection of the newborn. In addition, serious
and sometimes fatal infections in older adults and persons with
weakened immune systems. Listeriosis is treated with antibiotics.
Persons in the higher-risk categories who experience flu-like
symptoms within two months after eating contaminated food should
seek medical care and tell the health care provider about eating
the contaminated food.
FSIS and the company are concerned that some product may be frozen
and in consumers' freezers.
FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers. When available, the retail distribution
list(s) will be posted on the FSIS website at
www.fsis.usda.gov/recalls.
Media and consumers with questions regarding the recall can
contact Naomi Shirk, Owner, at (607) 243-5581.
Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. The toll-free USDA Meat and
Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in
English and Spanish and can be reached from l0 a.m. to 4 p.m.
(Eastern Time) Monday through Friday. Recorded food safety
messages are available 24 hours a day. The online Electronic
Consumer Complaint Monitoring System can be accessed 24 hours a
day at: http://www.fsis.usda.gov/reportproblem
STARCRAFT: Recalls 2014 AR-ONE Models Due to Incorrect Tire Info
----------------------------------------------------------------
Starting date: June 18, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety Mfr
System: Label
Units affected: 20
Source of recall: Transport Canada
Identification number: 2015273TC
ID number: 2015273
On certain travel trailers, the certification, tire and loading
information labels do not contain correct tire size information.
The labels incorrectly indicate a tire size of ST205/75R14C while
the correct tire size is LT235/75R15C. As a result, the vehicle
may inadvertently be fitted with incorrect replacement tires.
Overloaded tires may lead to poor vehicle handling
characteristics, which could result in a crash causing property
damage and/or injury. Correction: Updated labels will be mailed to
owners of affected vehicles, along with instructions for proper
installation.
Make Model Model year(s) affected
---- ----- ----------------------
STARCRAFT AR-ONE 2014
STERLING: Recalls 2008 Bullet Models Due to Defective Airbag
------------------------------------------------------------
Starting date: June 10, 2015
Type of communication: Recall
Subcategory: Truck - Med. & H.D.
Notification type: Recalls Audit
System: Airbag
Units affected: 771
Source of recall: Transport Canada
Identification number: 2015257TC
ID number: 2015257
Manufacturer recall number: FL-684
On certain vehicles, the driver frontal airbag inflator could
produce excessive internal pressure during airbag deployment.
Increased pressure may cause the inflator to rupture, which could
allow fragments to be propelled toward vehicle occupants,
increasing the risk of injury. This could also damage the airbag
module, which could prevent proper deployment. Failure of the
airbag to fully deploy during a crash (where deployment is
warranted) could increase the risk of personal injury to the seat
occupant. Correction: Dealers will inspect/replace the driver's
frontal airbag inflator.
Make Model Model year(s) affected
---- ----- ----------------------
STERLING BULLET 2008
SWISSPORT SA: "Aguilar" Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------------
Mickell Aguilar, and others similarly- situated v. Swissport SA,
LLC f/k/a Servisair LLC, Case No. 1:15-cv-22357-JEM (S.D. Fla.,
June 23, 2015), seeks to recover unpaid overtime wages and damages
pursuant to the Fair Labor Standard Act.
Swissport SA is a Delaware limited liability company that is
engaged in aircraft business with its principal place of business
in Miami-Dade County, Florida.
The Plaintiff is represented by:
Christopher Francisco Zacarias, Esq.
LAW OFFICES OF CHRISTOPHER F. ZACARIAS, P.A.
5757 Blue Lagoon Drive, Suite 230
Miami, FL 33126
Telephone: (305) 403-2000
Facsimile: (305) 459-3964
E-mail: czacarias@zacariaslaw.com
TECAN AUSTRIA: Recalls Microplate Readers
-----------------------------------------
Starting date: June 15, 2015
Posting date: June 15, 2015
Type of communication: Medical Device Recall
Subcategory: Medical Device
Hazard classification: Type II
Source of recall: Health Canada
Issue: Medical Devices
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-53619
During an internal project Tecan has determined that due to a
firmware bug incorrect luminescence measurement values are
displayed if the actual luminescence measurement value equals 4096
RLU or multiples thereof. It was determined that these incorrect
measurement values may potentially impact the application result.
A. Microplate Reader Infinite 200 PRO
Lot or serial number
More than 10 numbers, contact manufacturer.
Model or catalog number: 30050303
B. Microplate Reader Infinite M 1000 PRO
Lot or serial number
More than 10 numbers, contact manufacturer.
Model or catalog number: 30063849
Manufacturer: Tecan Austria GmbH,
Untersbergstrasse 1A, A-5082,
Grodig
9999
AUSTRIA
TOWERS WATSON: Class Action Pending in British Columbia
-------------------------------------------------------
Towers Watson & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that a class action is
currently pending against the Company in the Supreme Court of
British Columbia.
On July 14, 2009, James Weldon, an employee of Teck Metals, Ltd.
("Teck") commenced an action against Teck and Towers Perrin Inc.
(now known as Towers Watson Canada Inc.). On October 17, 2011,
Leonard Bleier, a former employee of Teck, sued Teck and Towers
Perrin. Aside from their employment status, the allegations in the
action commenced by Bleier (retired from Teck in 2006) are
substantively similar in all material respects to those in the
action commenced by Weldon (employed by Teck at the time the
action commenced). Both actions were brought in the Supreme Court
of British Columbia, and that court consolidated the actions on
June 21, 2012.
On October 1, 2012, the Company filed a response to the
plaintiffs' consolidated and amended claim denying the legal and
factual basis for the plaintiffs' claim. On December 21, 2012, the
court certified the consolidated case as a class action.
At all times relevant to the plaintiffs' claim, Towers Perrin
acted as the actuarial advisor for Teck's defined benefit pension
plan. According to the plaintiffs' allegations, in 1992 and on
Towers Perrin's advice, Teck offered its non-union, salaried
employees a one-time option to continue participation in Teck's
defined benefit pension plan or to transfer to a newly established
defined contribution plan. The plaintiffs also allege that Towers
Perrin assisted Teck in preparing -- and that Towers Perrin
approved -- informational materials and a computer-based modeling
tool that Teck distributed to eligible employees prior to the
employees electing whether to transfer. Several hundred employees
elected to transfer from the defined benefit pension plan to the
defined contribution plan on January 1, 1993.
The plaintiff class comprises current and former Teck employees
who elected to transfer from the defined benefit pension plan to
the defined contribution plan. As of October 23, 2014, the Company
understands there to be 436 individuals in the class.
The plaintiffs, on behalf of the class, allege that Towers Perrin
was professionally negligent and that Teck and Towers Perrin
breached statutory and fiduciary duties and acted deceitfully by
providing incomplete, inaccurate, and misleading information to
participants in Teck's defined benefit plan regarding the option
to transfer to the defined contribution plan. Principally, the
plaintiffs allege that the risks of the defined contribution plan
-- including investment risk and annuity risk -- were downplayed,
either negligently or with the specific intent of causing eligible
employees to transfer to the defined contribution plan.
The plaintiffs seek assorted declaratory relief; an injunction
reinstating them and all class members into the defined benefit
plan with full rights and benefits as if they had not transferred;
disgorgement against Teck; damages in the amount necessary to
provide the plaintiffs and all class members with the pension and
other benefits they would have accrued if they had not
transferred; interest as allowed by law; and such further and
other relief as to the court may seem just.
In a settlement agreement dated October 31, 2014, the Company,
plaintiffs, and Teck agreed to resolve all claims in this
litigation. The settlement agreement is subject to court approval.
Based on all of the information to date, the Company believes the
likelihood of a material loss is remote.
TOWERS WATSON: TWDE and Other Defendants Respond to Complaint
-------------------------------------------------------------
Towers Watson & Co. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that Towers Watson Delaware
Inc. ("TWDE") and other defendants filed with the court their
respective Answers to the Complaint related to Meriter Health
Services.
On January 12, 2015, Towers Watson Delaware Inc. ("TWDE"), a
wholly-owned subsidiary of the Company, was served with a Summons
and Complaint (the "Complaint") on behalf of Meriter Health
Services, Inc. ("Meriter"), plan sponsor of the Meriter Health
Services Employee Retirement Plan (the "Plan"). The Complaint was
filed in Wisconsin State Court in Dane County; on February 12,
2015, the Complaint was removed to the United States District
Court for the Western District of Wisconsin. On March 10, 2015,
Meriter filed a Motion to Remand, seeking to transfer the
Complaint back to Wisconsin State Court in Dane County.
In the Complaint, among other allegations, it is asserted that
Meriter has a claim against TWDE, and other entities, in respect
of allegedly negligent benefits consulting advice provided to it
by Towers, Perrin, Forster & Crosby, Inc. ("TPFC") and Davis,
Conder, Enderle & Sloan, Inc. ("DCES"), including TPFC's
involvement in the Plan design and drafting of the Plan document
in 1987, DCES' Plan review in 2001, and Plan redesign, Plan
amendment and drafting of ERISA section 204(h) notices.
Additionally, Meriter asserts that TPFC and DCES breached an
alleged duty to advise Meriter regarding the competency of
Meriter's then ERISA counsel.
In 2010, a putative class action lawsuit related to the Plan was
filed by Plan participants against Meriter alleging a number of
claims involving ERISA. The lawsuit was settled in 2015 for $82
million. While the Complaint does not include a specific,
quantified demand, it does refer to the $82 million paid out by
Meriter in settlement of the class action, and other damages which
are not specified in the Complaint. On April 13, 2015, TWDE and
other defendants filed with the court their respective Answers to
the Complaint.
Based on all of the information to date, and given the stage of
the matter, TWDE is currently unable to provide an estimate of the
reasonably possible loss or range of loss. TWDE disputes the
allegations, and intends to defend the matter vigorously.
TRINITY INDUSTRIES: Faces Damages Over Guardrail Design Changes
---------------------------------------------------------------
David Koenig and Jamie Stengle, writing for The Associated Press,
report that a federal judge ordered a Texas company to pay $663
million in damages for failing to tell the government about design
changes to highway guardrails that critics say made the systems
more dangerous.
Trinity Industries Inc. said on June 9 that it would appeal.
A Trinity competitor in Virginia sued the company on behalf of the
government and will receive $199 million plus attorney fees.
A jury in Marshall, Texas, decided last October that Trinity
defrauded the government by failing to tell regulators about
changes to its ET-Plus guardrails, which are designed to fold up
when hit by a car, reducing the chance of death or injury to car
occupants.
But Joshua Harman, the competitor in Virginia, said that the
design change turned the guardrail ends into lethal spears that
could impale cars. Trinity says they are safe.
Jurors said Trinity should pay at least $175 million. U.S.
District Court Judge Rodney Gilstrap ordered both sides into
mediation, but that failed to produce a settlement. On June 9,
the judge tripled the jury's award and added $138 million in
penalties for false claims.
The judge said Harman should get a whistle-blower bounty equal to
30 percent of the $663 million award, or $199 million, plus
another $19 million for attorney fees and expenses, bringing
Trinity's payments to $682 million. The federal government, which
did not join in suing Trinity, will get $464 million.
A spokesman for Trinity Industries said the award should be thrown
out.
"We believe the evidence clearly shows that no fraud was
committed," said the company spokesman, Jeff Eller. He said the
judge made "significant errors" in applying federal law to
Mr. Harman's claims.
Mr. Eller said the Federal Highway Administration has repeatedly
found that the guardrail system met federal safety regulations and
that states were reimbursed for buying the systems.
After the trial, a research laboratory in San Antonio, Texas,
conducted eight new crash tests on the guardrail systems. Federal
officials said in February that the new design met U.S. safety
standards during the tests.
Mr. Harman's lawyer said he was confident on winning again if
Trinity appeals the June 9 ruling.
"There is no question that Trinity defrauded the federal
government and the states when it said this had been approved and
it wasn't approved," said the lawyer, George Carpinello. He said
it was up to jurors, not the Federal Highway Administration, to
decide whether fraud was committed.
In April, Trinity disclosed that it received a subpoena from
federal prosecutors in Massachusetts for 16 years of documents
relating to the ET-Plus and an earlier guardrail product. The
company is also the target of several wrongful death and
securities lawsuits.
TRUE LEAF: Faces "Gomez" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Rafael Gomez, Cesar Ruelas, and Brenda Acevedo, on behalf of
themselves and on behalf of all other similarly situated
individuals v. True Leaf Farms, LLC, et al., Case No. 5:15-cv-
02928 (N.D. Cal., June 23, 2015), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standard Act.
True Leaf Farms, LLC owns and operates a food processor company in
San Benito County, California.
The Plaintiff is represented by:
Ethan T. Litney, Esq.
THE DOWNEY LAW FIRM, LLC
9595 Wilshire Blvd., Suite 900
Beverly Hills, CA 90212
Telephone: (213) 291-3333
Facsimile: (610) 813-4579
E-mail: ethan.litney@gmail.com
TORNIER N.V.: Tennessee Circuit Court Transferred Warwick Suit
--------------------------------------------------------------
Tornier N.V. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 29, 2015, that the Tennessee Circuit
Court has transferred City of Warwick Retirement System v. Gary D.
Blackford et al., CT-005015-14 to the Tennessee Chancery Court for
consolidation with Paulette Jacques v. Wright Medical Group, Inc.,
et al., CH-14-1736-1.
On November 25, 2014, a class action complaint was filed in the
Court of Chancery of the state of Delaware (the "Delaware Chancery
Court"), by a purported shareholder of Wright under the caption
Paul Parshall v. Wright Medical Group, Inc., et al., C.A. No.
10400-CB. An amended complaint in the action was filed on February
6, 2015. The amended complaint names as defendants Wright, the
Company, Trooper Holdings Inc. ("Holdco"), Trooper Merger Sub Inc.
("Merger Sub") and the members of the Wright board of directors.
The amended complaint asserts various causes of action, including,
among other things, that the members of the Wright board of
directors breached their fiduciary duties owed to the Wright
shareholders in connection with entering into the merger
agreement, approving the merger, and causing Wright to issue a
preliminary Form S-4 that allegedly fails to disclose material
information about the merger. The amended complaint further
alleges that Wright, the Company, Holdco and Merger Sub aided and
abetted the alleged breaches of fiduciary duties by the Wright
board of directors. The plaintiff is seeking, among other things,
injunctive relief enjoining or rescinding the merger and an award
of attorneys' fees and costs.
Also on November 25, 2014, a second class action complaint was
filed in the Chancery Court of Shelby County Tennessee, for the
Thirtieth Judicial District, at Memphis (the "Tennessee Chancery
Court"), by a purported shareholder of Wright under the caption
Anthony Marks as Trustee for Marks Clan Super v. Wright Medical
Group, Inc., et al., CH-14-1721-1. An amended complaint in the
action was filed on January 7, 2015. On February 23, 2015, the
plaintiff voluntarily dismissed the action, as pending in the
Tennessee Chancery Court, without prejudice. Later on February 23,
2015, the plaintiff refiled the action in the Delaware Chancery
Court under the caption Anthony Marks as Trustee for Marks Clan
Super v. Wright Medical Group, Inc., et al., C.A. No. 10706-CB.
The complaint names as defendants Wright, the Company, Holdco,
Merger Sub and the members of the Wright board of directors. The
complaint asserts various causes of action, including, among other
things, that the members of the Wright board of directors breached
their fiduciary duties owed to the Wright shareholders in
connection with entering into the merger agreement, approving the
merger, and causing Wright to issue a preliminary Form S-4 that
allegedly fails to disclose material information about the merger.
The complaint further alleges that Wright, the Company, Holdco and
Merger Sub aided and abetted the alleged breaches of fiduciary
duties by the Wright board of directors. The plaintiff is seeking,
among other things, injunctive relief enjoining or rescinding the
merger and an award of attorneys' fees and costs.
On March 2, 2015, the Delaware Chancery Court consolidated Paul
Parshall v. Wright Medical Group, Inc., et al., C.A. No. 10400-CB,
and Anthony Marks as Trustee for Marks Clan Super v. Wright
Medical Group, Inc., et al., C.A. No. 10706-CB, under the caption
In re Wright Medical Group, Inc. Stockholders Litigation, C.A. No.
10400-CB.
On November 26, 2014, a third class action complaint was filed in
the Circuit Court of Tennessee, for the Thirtieth Judicial
District, at Memphis (the "Tennessee Circuit Court"), by a
purported shareholder of Wright under the caption City of Warwick
Retirement System v. Gary D. Blackford et al., CT-005015-14. An
amended complaint in the action was filed on January 5, 2015. The
amended complaint names as defendants Wright, the Company, Holdco,
Merger Sub and the members of the Wright board of directors. The
amended complaint asserts various causes of action, including,
among other things, that the members of the Wright board of
directors breached their fiduciary duties owed to the Wright
shareholders in connection with entering into the merger
agreement, approving the merger, and causing Wright to issue a
preliminary Form S-4 that allegedly fails to disclose material
information about the merger. The amended complaint further
alleges that the Company, Holdco and Merger Sub aided and abetted
the alleged breaches of fiduciary duties by the Wright board of
directors. The plaintiff is seeking, among other things,
injunctive relief enjoining or rescinding the merger and an award
of attorneys' fees and costs.
On December 2, 2014, a fourth class action complaint was filed in
the Tennessee Chancery Court by a purported shareholder of Wright
under the caption Paulette Jacques v. Wright Medical Group, Inc.,
et al., CH-14-1736-1. An amended complaint in the action was filed
on January 27, 2015. The amended complaint names as defendants
Wright, the Company, Holdco, Merger Sub, Warburg Pincus LLC and
the members of the Wright board of directors. The amended
complaint asserts various causes of action, including, among other
things, that the members of the Wright board of directors breached
their fiduciary duties owed to the Wright shareholders in
connection with entering into the merger agreement, approving the
merger, and causing Wright to issue a preliminary Form S-4 that
allegedly fails to disclose material information about the merger.
The amended complaint further alleges that Wright, the Company,
Warburg Pincus, Holdco and Merger Sub aided and abetted the
alleged breaches of fiduciary duties by the Wright board of
directors. The plaintiff is seeking, among other things,
injunctive relief enjoining or rescinding the merger and an award
of attorneys' fees and costs.
On March 24, 2015, a fifth class action complaint was filed in the
Delaware Chancery Court, by a purported shareholder of Wright
under the caption Michael Prince v. Robert J. Palmisano, et al.,
C.A. No. 10829-CB. The complaint asserts various causes of action,
including, among other things, that the members of the Wright
board of directors breached their fiduciary duties owed to the
Wright shareholders in connection with entering into the merger
agreement, approving the merger, and causing Wright to issue a
preliminary Form S-4 that allegedly fails to disclose material
information about the merger. The complaint further alleges that
Wright, the Company, Holdco and Merger Sub aided and abetted the
alleged breaches of fiduciary duties by the Wright board of
directors. The plaintiff is seeking, among other things,
injunctive relief enjoining or rescinding the merger and an award
of attorneys' fees and costs.
In an order dated March 31, 2015, the Tennessee Circuit Court
transferred City of Warwick Retirement System v. Gary D. Blackford
et al., CT-005015-14 to the Tennessee Chancery Court for
consolidation with Paulette Jacques v. Wright Medical Group, Inc.,
et al., CH-14-1736-1.
None of the lawsuits has formally specified an amount of alleged
damages. As a result, the Company is unable to reasonably estimate
the possible loss or range of losses, if any, arising from the
lawsuits. If any injunctive relief sought in these lawsuits were
to be granted, it could delay or prohibit the anticipated
shareholder meetings to be held by Wright and the Company in
connection with the merger or the closing of the merger. The
Company believes that these lawsuits are without merit and intends
to contest them vigorously.
In the opinion of management, as of March 29, 2015, the amount of
liability, if any, with respect to these matters, individually or
in the aggregate, will not materially affect the Company's
consolidated results of operations or financial position.
UBER TECHNOLOGIES: Faces "Richardson" Suit Over Failure to Pay OT
-----------------------------------------------------------------
Rosario Richardson, individually and on behalf of all others
similarly situated v. Uber Technologies, Inc., Raiser-Ca LLC, and
Does 1-50, inclusive, Case No. RG15775562 (Cal. Super. Ct., June
24, 2015), is brought against the Defendants for failure to pay
overtime wages in violation of the California Labor Code.
The Defendants own and operate a car service company that provides
rides to customers when they hail an Uber Driver by use of a
mobile phone application.
The Plaintiff is represented by:
Randall B. Aiman-Smith, Esq.
AIMAN-SMITH & MARCY
7677 Oakport Street Suite 1020
Oakland, CA 94621
Facsimile: (510) 562-6830
Telephone: (510) 562-6800
E-mail: ras@asmlawyers.com
UNITED SALAD: Recalls Sliced Crimini Mushrooms Due to Listeria
--------------------------------------------------------------
United Salad Co., the distributor of Portland, Oregon, is
initiating a voluntary recall of Champ's Sliced Crimini Mushrooms,
product of Canada, because it has the potential to be contaminated
with Listeria monocytogenes, an organism which can cause serious
and sometimes fatal infections in young children, frail or elderly
people, and others with weakened immune systems. Although healthy
individuals may suffer only short-term symptoms such as high
fever, severe headache, stiffness, nausea, abdominal pain and
diarrhea, listeria infection can cause miscarriages and
stillbirths among pregnant women.
There have been no reported illnesses associated with the
consumption of this product to date.
Brand name Common name Size UPC Codes
---------- ----------- ---- ---- -----
Champ's Sliced Crimini 227 g 6 78286- 88877 5 Not
Mushrooms Mushrooms (8 oz) available
The recalled mushrooms were distributed to retailers and
supermarkets from 06/13/15 to 06/14/15 in Oregon and Washington.
Each individual container does not have code date; however product
average shelf life is 10 days.
The affected Sliced Crimini Mushrooms were recalled by our
supplier Champ's Mushrooms in Canada.
Retail stores are requested to remove any affected products off
the store shelves. Consumers who have the recalled product in
their possession should not consume it and should destroy or
discard it.
This recall is being made with the knowledge of the Food and Drug
Administration.
Thank you for your understanding and cooperation in this regard.
Please feel free to contact us should you require additional
information or assistance at 1-800-547-5536 Monday through Friday
between 8:00 AM and 5:00 PM (P.D.T.)
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm452010.htm
VENUS FOODS: Recalls Pork Sausage Products Due to Misbranding
-------------------------------------------------------------
Venus Foods Inc., a City of Industry, Calif. establishment, is
recalling approximately 25,380 pounds of pork sausage products due
to misbranding and undeclared allergens, the U.S. Department of
Agriculture ' s Food Safety and Inspection Service (FSIS)
announced today. The products contain wheat, a known allergen
which is not declared on the product label.
The sausage items were produced on various dates from June 4, 2014
to May 26, 2015. The following products are subject to recall:
--- 30-lb. cases containing packages of "Uncle Lin Sausage
Original Sausage."
--- 30-lb. cases containing packages of "Uncle Lin Sausage
Spicy Pork Sausage."
--- 30-lb. cases containing packages of "Uncle Lin Sausage
Sweet Pork Sausage."
The products subject to recall bear the establishment number "EST.
6292" inside the USDA mark of inspection. These items produced
were shipped to restaurant locations in California.
The problem was discovered during a routine label review by FSIS
personnel.
FSIS and the company have received no reports of adverse reactions
due to consumption of these products. Anyone concerned about an
injury or illness should contact a healthcare provider.
FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers. When available, the retail distribution
list(s) will be posted on the FSIS website at
www.fsis.usda.gov/recalls.
Consumers and Media with questions about the recall can contact
Robert Tsai, President, at (626) 369-5188.
Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. The toll-free USDA Meat and
Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in
English and Spanish and can be reached from l0 a.m. to 4 p.m.
(Eastern Time) Monday through Friday. Recorded food safety
messages are available 24 hours a day. The online Electronic
Consumer Complaint Monitoring System can be accessed 24 hours a
day at: http://www.fsis.usda.gov/reportproblem
WALTER ENERGY: Evidentiary Hearing on Certification Motion Held
---------------------------------------------------------------
Walter Energy, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on May 5, 2015, for the
quarterly period ended March 31, 2015, that the Court scheduled an
evidentiary hearing on Plaintiffs' renewed class certification
motion for May 15, 2015. All other deadlines have been stayed by
the Court.
On January 26, 2012 and March 15, 2012, putative class actions
were filed against Walter Energy, Inc. and some of its current and
former senior executive officers in the U.S. District Court for
the Northern District of Alabama (Rush v. Walter Energy, Inc., et
al.). The three executive officers named in the complaints are:
Keith Calder, Walter's former CEO; Walter Scheller, the Company's
current CEO and a director; and Neil Winkelmann, former President
of Walter's Canadian and U.K. Operations (collectively the
"Individual Defendants"). The complaints were filed by Peter Rush
and Michael Carney, purported shareholders of Walter Energy who
each seek to represent a class of Walter Energy shareholders who
purchased common stock between April 20, 2011 and September 21,
2011.
These complaints allege that Walter Energy and the Individual
Defendants made false and misleading statements regarding the
Company's operations outlook for the second quarter of 2011. The
complaints further allege that the Company and the Individual
Defendants knew that these statements were misleading and failed
to disclose material facts that were necessary in order to make
the statements not misleading. Plaintiffs claimed violations of
Section 10(b) of the Securities Exchange Act of 1934 (the "1934
Act"), Rule 10b-5 promulgated thereunder, and Section 20(a) of the
1934 Act.
On May 30, 2012, the two actions were consolidated into In re
Walter Energy, Inc. Securities Litigation. The court also
appointed the Government of Bermuda Contributory and Public
Service Superannuation Pension Plans as well as the Stephen C.
Beaulieu Revocable Trust to be lead plaintiffs and approved lead
plaintiffs' selection of Robbins Geller Rudman & Dowd LLP and
Kessler Topaz Meltzer & Check, LLP as lead plaintiffs' counsel for
the consolidated action. On August 20, 2012, Lead Plaintiffs filed
a consolidated amended class action complaint in this action. The
consolidated amended complaint names as an additional defendant
Joseph Leonard, a current director and former interim CEO of
Walter Energy, in addition to the previously named defendants.
Defendants filed a Motion to Dismiss the amended complaint on
October 4, 2012.
On January 29, 2013, the court denied that motion without
prejudice. Defendants answered the complaint on February 15, 2013.
The parties are now in the process of discovery. Plaintiffs filed
a motion for class certification on August 15, 2013. On March 18,
2014, the Court denied Plaintiffs' motion for class certification
without prejudice to refiling and rebriefing and stayed this
litigation pending a decision by the United States Supreme Court
in Halliburton Co., et al. v. Erica P. John Fund, Inc.
("Halliburton II"). Following the U.S. Supreme Court's decision in
Halliburton II on June 23, 2014, Plaintiffs filed a renewed motion
for class certification on August 29, 2014. Defendants' filed
their opposition on October 28, 2014, and Plaintiffs' Reply was
filed on January 30, 2015. The Court has set an evidentiary
hearing on Plaintiffs' renewed class certification motion for May
15, 2015. All other deadlines have been stayed by the Court.
Walter Energy and the other named defendants believe that there is
no merit to the claims alleged and intend to vigorously defend
these actions.
WELLS FARGO: Sued in Cal. Over Inaccurate Payoff Statements
-----------------------------------------------------------
Latasha McLaughlin, on behalf of herself and all others similarly
situated v. Wells Fargo Bank, N.A., d/b/a Wells Fargo Home
Mortgage, Case No. 3:15-cv-02904 (N.D. Cal., June 23, 2015), is
brought against the Defendants for failure to provide homeowners
with an accurate statement regarding the mortgages that they
service. Specifically by omitting to list insurance proceeds from
property insurance claims in their payoff statements.
Wells Fargo Bank, N.A., is a national banking association that
provides personal and commercial banking services, offers deposits
and loan products, and acts and operates as a mortgage lender and
servicer.
Wells Fargo Home Mortgage is engaged in the business of servicing
residential mortgages.
The Plaintiff is represented by:
Joseph J. Tabacco Jr., Esq.
Kristin J. Moody, Esq.
A. Chowning Poppler, Esq.
BERMAN DEVALERIO
One California Street, Suite 900
San Francisco, CA 94111
Telephone: (415) 433-3200
Facsimile: (415) 433-6282
E-mail: jtabacco@bermandevalerio.com
kmoody@bermandevalerio.com
cpoppler@bermandevalerio.com
- and -
Patricia I. Avery, Esq.
Matthew Insley-Pruitt, Esq.
Adam J. Blander, Esq.
WOLF POPPER LLP
845 Third Avenue, 12th Floor
New York, NY 10022
Telephone: (212) 759-4600
E-mail: pavery@wolfpopper.com
MInsley-Pruitt@wolfpopper.com
ablander@wolfpopper.com
Asbestos Litigation
ASBESTOS UPDATE: Pa. Court Vacates Ruling in "McCloskey" Suit
-------------------------------------------------------------
The Superior Court of Pennsylvania, in a decision dated June 17,
2015, vacated a lower court's order granting PPG Industries'
motion for summary judgment in the asbestos-related personal
injury lawsuit filed by Wendy Ann McCloskey, as executrix of the
estate of Arthur Partner, deceased, and Patricia Partner, in her
own right.
The Superior Court held that in granting PPG's motion for judgment
on the pleadings, the trial court relied on Sedlacek v. A.O. Smith
Corp., 990 A.2d 801 (Pa.Super. 2010), which was subsequently
abrogated by Tooey v. AK Steel Corp., 81 A.3d 851 (Pa. 2013). The
Plaintiffs allege that Mr. Partner's workplace exposure ended by
1995 and he was diagnosed with mesothelioma in 2007, a period
greater than 300 weeks. According to the Superior Court, if these
allegations are true, his claims would not fall within the purview
of the Workers' Compensation Act, 77 P.S. Section 481, and he
would not be barred from bringing a common law cause of action
alleging PPG's negligence. PPG argues that since Tooey issued in
November 2013, after the trial court's ruling on PPG's motion for
judgment on the pleadings, the parties have conducted no discovery
and developed no evidence relevant to a Tooey analysis, including
Mr. Partner's last occupational exposure to asbestos. Therefore,
the Superior Court ruled it is necessary to vacate the order and
remand for further proceedings.
The appeals are WENDY ANN McCLOSKEY, EXECUTRIX OF THE ESTATE OF
ARTHUR PARTNER, DECEASED, AND PATRICIA PARTNER, IN HER OWN RIGHT,
Appellants, v. CEMLINE CORPORATION, CERRO WIRE AND CABLE COMPANY,
INC., THE LINCOLN ELECTRIC COMPANY, MADDEN BOILER WORKS, INC.,
METROPOLITAN LIFE INSURANCE COMPANY, PPG INDUSTRIES, INC., PPG
AUTO GLASS, LLC, AND RHEEM MANUFACTURING COMPANY. WENDY ANN
McCLOSKEY, EXECUTRIX OF THE ESTATE OF ARTHUR PARTNER, DECEASED,
AND PATRICIA PARTNER, IN HER OWN RIGHT, v. CEMLINE CORPORATION,
CERRO WIRE AND CABLE COMPANY, INC., THE LINCOLN ELECTRIC COMPANY,
MADDEN BOILER WORKS, INC., METROPOLITAN LIFE INSURANCE COMPANY,
PPG INDUSTRIES, INC., PPG AUTO GLASS, LLC, AND RHEEM MANUFACTURING
COMPANY. APPEAL OF: PPG INDUSTRIES, Appellant, NOS. 482 WDA 2014,
530 WDA 2014 (Pa. Super.). A full-text copy of the Superior
Court's Decision is available at http://is.gd/9J9KrDfrom
Leagle.com.
ASBESTOS UPDATE: Pa. Court Refuses to Remand "McAfee" Suit
----------------------------------------------------------
Judge Gerald J. Pappert of the United States District Court for
the Eastern District of Pennsylvania, in a memorandum dated June
10, 2015, denied a motion to remand the asbestos-related personal
injury lawsuit styled KENNETH E. MCAFEE and SHIRLEY MCAFEE,
Plaintiffs, v. 20th CENTURY GLOVE CORPORATION OF TEXAS et al.,
Defendants, CIVIL ACTION NO. 13-06856 (E.D. Pa.), after
determining that despite the fact that the federal defendants have
been dismissed and defendant John Crane, Inc., will not raise the
government contractor defense, the considerations of judicial
economy, convenience, and fairness all weigh heavily in favor of
the District Court maintaining jurisdiction. A full-text copy of
Judge Pappert's Decision is available at http://is.gd/RGhuhOfrom
Leagle.com.
KENNETH E. MCAFEE, Plaintiff, represented by ROBERT E. PAUL, PAUL
REICH & MYERS, PC.
SHIRLEY MCAFEE, Plaintiff, represented by ROBERT E. PAUL, PAUL
REICH & MYERS, PC.
JOHN CRANE, INC., Defendant, Cross Defendant, represented by MARK
I. TIVIN, Esq. -- mark@otmblaw.com -- O'CONNELL TIVIN MILLER
BURNS, TIFFANY F. TURNER, Esq. -- tturner@dmclaw.com -- DICKIE
MCCAMEY & CHILCOTE & WILLIAM J. SMITH, Esq. -- wsmith@dmclaw.com -
- DICKIE, MCCAMEY & CHILCOTE.
METROPOLITAN LIFE INSURANCE CO., Defendant, Cross Claimant, Cross
Defendant, represented by STEWART R. SINGER, SALMON RICCHEZZA
SINGER & TURCHI LLP.
ASBESTOS UPDATE: NY App. Div. Affirms Ruling in "Pienta" Suit
-------------------------------------------------------------
The Appellate Division of the Supreme Court of New York, Fourth
Department, in a decision dated June 12, 2015, affirmed an order
of the Supreme Court, Erie County, entered April 15, 2013, denying
defendant Crane Co.'s motion seeking summary judgment dismissing
the asbestos-related products liability complaint filed against it
by Beth Ann Pienta, on behalf of the estate of Lee Holdsworth.
The case is IN THE MATTER OF THE EIGHTH JUDICIAL DISTRICT ASBESTOS
LITIGATION. BETH ANN PIENTA, AS SUCCESSOR EXECUTRIX OF THE ESTATE
OF LEE HOLDSWORTH, DECEASED, AND AS EXECUTRIX OF THE ESTATE OF
CAROL A. HOLDSWORTH, DECEASED, Plaintiff-Respondent, A.W.
CHESTERTON COMPANY, ET AL., Defendants, AND CRANE CO., Defendant-
Appellant, 651 CA 14-02303 (N.Y. App. Div.). A full-text copy of
the Decision is available at http://is.gd/L3ehSTfrom Leagle.com.
K & L GATES LLP, NEW YORK CITY ( MICHAEL J. ROSS, Esq. --
michael.ross@klgates.com -- OF THE PENNSYLVANIA BAR, ADMITTED PRO
HAC VICE, OF COUNSEL), FOR DEFENDANT-APPELLANT.
LIPSITZ & PONTERIO, LLC, BUFFALO ( JON NED LIPSITZ OF COUNSEL),
FOR PLAINTIFF-RESPONDENT.
ASBESTOS UPDATE: Bid to Bar Witness in "Hall" Suit Denied
---------------------------------------------------------
Magistrate Judge Donald G. Wilkerson of the United States District
Court for the Southern District of Illinois denied the motion to
bar introduction of the testimony of a witness to be presented by
the plaintiff in an asbestos-related personal injury lawsuit but
directed the parties to convene a telephonic status conference to
discuss the potential of a revised schedule on the matter in light
of the introduction of the new testimony.
The case is VAN L. HALL, Plaintiff, v. ATLAS COPCO COMPRESSORS,
LLC., et al., Defendants, CASE NO. 3:14-CV-28-SMY-DGW (S.D. Ill.).
A full-text copy of Magistrate Wilkerson's Decision is available
at http://is.gd/OHf5nmfrom Leagle.com.
Van L Hall, Plaintiff, represented by Ben A. Vinson, Jr., Vinson
Law, Zane T. Cagle, Cagle Law Firm, LLC & John D Sloan, Jr, Sloan,
Bagley, Hatcher & Perry.
Atlas Copco Compressors, LLC., Defendant, Cross Defendant,
represented by Amy Rae Hansen, Johnson & Bell LTD. & Robert
Spitkovsky, Jr., Johnson & Bell.
Buffalo Pumps, Inc, Defendant, Cross Defendant, Cross Claimant,
represented by Gregory C Flatt, Heyl, Royster et al., James R.
Grabowski, Heyl, Royster et al., Keith B. Hill, Heyl, Royster et
al. & Michael D. Schag, Heyl, Royster et al..
Carrier Corp, Defendant, Cross Defendant, Cross Claimant,
represented by Kyler H. Stevens, Kurowski Shultz LLC & Jerome S.
Warchol, Jr., Kurowski Shultz LLC.
CBS Corporation, Defendant, Cross Defendant, represented by Daniel
G. Donahue, Foley & Mansfield, PLLP & Michael R. Dauphin, Foley &
Mansfield, PLLP.
Crane Co, Defendant, Cross Claimant, represented by Benjamin J.
Wilson, HeplerBroom LLC & Carl J. Geraci, HeplerBroom LLC.
Electrolux Home Products, Inc., Defendant, Cross Defendant, Cross
Claimant, represented by Dennis J. Graber, Hinshaw & Culbertson,
James M. Brodzik, Hinshaw & Culbertson LLP, Mark D. Bauman,
Hinshaw & Culbertson, Nicole E. Rice, Hinshaw & Culbertson LLP,
Trevor A. Sondag, Hinshaw & Culbertson LLP & Daniel W. McGrath,
Hinshaw & Culbertson.
Foster Wheeler, LLC, Defendant, Cross Defendant, represented by
Daniel M. Finer, Segal, McCambridge et al., Steven A. Hart, Segal,
McCambridge et al., Bradley R. Bultman, Segal, McCambridge et al.
& Kyle Pozan, Segal, McCambridge et al..
General Electric Company, Defendant, Cross Claimant, Cross
Defendant, represented by Raymond R. Fournie, Armstrong Teasdale
LLP, Anita M. Kidd, Armstrong Teasdale LLP, Julie Fix Meyer,
Armstrong Teasdale LLP & Melanie R. King, Armstrong Teasdale LLP.
Imo Industries, Inc., Defendant, Cross Defendant, represented by
Gregory C Flatt, Heyl, Royster et al., James R. Grabowski, Heyl,
Royster et al., Keith B. Hill, Heyl, Royster et al. & Michael D.
Schag, Heyl, Royster et al..
Ingersoll-Rand Company, Defendant, Cross Claimant, Cross
Defendant, represented by Benjamin J. Wilson, HeplerBroom LLC,
Carl J. Geraci, HeplerBroom LLC & Michael J Chessler, HeplerBroom
LLC.
ITT Corporation, as Successor-in-Interest to Foster Engineering,
Defendant, Cross Defendant, represented by Jeffrey E. Rogers,
McGuire Woods LLP, IL & Undray Wilks, Esq. --
uwilks@mcguirewoods.com -- McGuire Woods LLP, IL.
John Crane Inc, Defendant, Cross Claimant, Cross Defendant,
represented by Sean P. Fergus, O'Connell, Tivin, Miller & Burns
L.L.C..
Metropolitan Life Insurance Co., Defendant, Cross Defendant,
represented by Charles L. Joley, Joley, Nussbaumer, et al.,
Georgiann Oliver, Joley, Nussbaumer, et al. & Laura K Beasley,
Joley, Nussbaumer, et al..
Pneumo Abex Corporation, as Successor-in-Interest to Abex
Corporation and Garlock, Inc, Defendant, Cross Defendant, Cross
Claimant, represented by Thomas L. Orris, Williams Venker &
Sanders LLC & Ross S. Titzer, Williams Venker & Sanders LLC.
Warren Pumps, LLC, Defendant, Cross Defendant, represented by
Gregory C Flatt, Heyl, Royster et al., James R. Grabowski, Heyl,
Royster et al., Keith B. Hill, Heyl, Royster et al. & Michael D.
Schag, Heyl, Royster et al..
ASBESTOS UPDATE: Tex. Court Recommends Dismissal of "Flores" Suit
-----------------------------------------------------------------
Magistrate Judge Jason B. Libby of the United States District
Court for the Southern District of Texas, Corpus Christi Division,
in a memorandum and recommendation dated June 15, 2015,
recommended that the claims filed by a Texas state prisoner
against the officers involved in the operation of the Garza East
Transfer Facility in Beeville, Texas, be dismissed with prejudice
for failure to state a claim and/or as frivolous pursuant to 28
U.S.C. Sections 1915(e)(2)(B) and 1915A(b)(1), and that the
dismissal be counted as a "strike" for purposes of 28 U.S.C.
Section 1915(g).
The case is REYNALDO FLORES, Plaintiff, v. TDCJ TRANSITORIAL
PLANNING DEPART. SOUTHERN REGION INST. DIVISION ET AL, Defendant,
CIVIL ACTION NO. 2:14-CV-283 (S.D. Tex.). A full-text copy of
Magistrate Libby's recommendation is available at
http://is.gd/K9V53Bfrom Leagle.com.
Reynaldo Flores, et al, Plaintiff, Pro Se.
ASBESTOS UPDATE: Wash. App. Affirms Ruling in "Sundberg" Suit
-------------------------------------------------------------
The Court of Appeals of Washington, Division One, in an opinion
dated June 22, 2015, affirmed a lower court's order granting
summary judgment to AstenJohnson Inc. after determining that the
wrongful death claims filed by a decedent's daughter were barred
because the decedent already won damages for his asbestos-related
claims in a prior lawsuit.
The case is JUDY R. DEGGS, as personal representative for the
estate of ROY GORDON SUNDBERG, Appellant, v. ASBESTOS CORPORATION
LIMITED; ASTENJOHNSON, INC.; CBS CORPORATION (FKA VIACOM INC., FKA
WESTINGHOUSE ELECTRIC CORPORATION); INGERSOLL-RAND COMPANY,
Respondents, BARTELLS ASBESTOS SETTLEMENT TRUST; GASKET COMPANY;
GENERAL REFRACTORIES COMPANY; JOHN CRANE, INC.; METROPOLITAN LIFE
INSURANCE COMPANY, and FIRST DOE through ONE HUNDREDTH DOE,
Defendants, NO. 71297-7-I, CONSOLIDATED WITH NO. 71550-0-I (Wash.
App.). A full-text copy of the Decision is available at
http://is.gd/IZBbFGfrom Leagle.com.
Meredith Boyden Good, Brayton Purcell LLP, 806 Sw Broadway Ste
1100, Portland, OR, 97205-3333.
Philip Albert Talmadge, Talmadge/Fitzpatrick, 2775 Harbor Ave Sw,
Seattle, WA, 98126-2138, Counsel for Appellant(s).
Richard George Gawlowski, Esq. -- gawlowski@wscd.com -- Wilson
Smith Cochran Dickerson, 901 5th Ave Ste 1700, Seattle, WA, 98164-
2050, Counsel for Defendant(s).
Mark Bradley Tuvim, Esq. -- mtuvim@gordonrees.com -- Gordon & Rees
LLP, 701 5th Ave Ste 2100, Seattle, WA, 98104-7084.
Kevin James Craig, Esq. -- kcraig@gordonrees.com -- Gordon & Rees
LLP, 701 5th Ave Ste 2100, Seattle, WA, 98104-7084.
J Scott Wood, Esq. -- swood@foleymansfield.com -- Foley &
Mansfield, 800 Fifth Ave Ste 3850, Seattle, WA, 98104-3101.
Daniel Ruttenberg, Esq. -- druttenberg@foleymansfield.com -- Foley
& Mansfield PLLP, 800 Fifth Ave Ste 3850, Seattle, WA, 98104-3101.
Bonnie Lynn Black, Attorney at Law, 1020 N K St Apt D, Tacoma, WA,
98403-1861.
Jan Elizabeth Brucker, Jan Brucker, Attorney, 800 Fifth Ave Ste
3850, Seattle, WA, 98104-3101.
Christopher S Marks, Esq. -- chris.marks@sedgwicklaw.com --
Sedgwick LLP, 520 Pike St Ste 2200, Seattle, WA, 98101-4093.
Eliot M Harris, Esq. -- eliot.harris@sedgwicklaw.com -- Sedgwick
LLP, 520 Pike St Ste 2200, Seattle, WA, 98101-4093.
Rachel Tallon Reynolds, Esq. -- rachel.reynolds@sedgwicklaw.com --
Sedgwick LLP, 520 Pike St Ste 2200, Seattle, WA, 98101-4093,
Counsel for Respondent(s).
ASBESTOS UPDATE: Take-Home Suit Issues Sent to Alabama High Court
-----------------------------------------------------------------
Judge C. Lynwood Smith of the United States District Court for the
Northern District of Alabama, Northeastern Division, in a
memorandum opinion dated June 22, 2015, certified to the Alabama
Supreme Court issues of duty and causation in the asbestos-related
case captioned MELISSA ANN BOBO and SHANNON JEAN COX, as Co-
Personal Representatives of the Estate of Barbara Bobo, deceased,
Plaintiffs, v. TENNESSEE VALLEY AUTHORITY, Defendant, CIVIL ACTION
NO. CV 12-S-1930-NE (N.D. Ala.), after determining that the issues
are unsettled areas of Alabama law, and because the resolution of
those questions will have significance beyond the facts of the
present case.
The questions certified to the Alabama Supreme Court are the
following:
(1) Whether a premises owner has a duty to protect the family
members of persons who work on the property owner's premises from
secondary exposure to a toxic agent, such as asbestos, used during
the course of the property owner's business?
(2) What causation standard applies when multiple exposures to
a toxic agent, such as asbestos, combine to produce the
plaintiff's injury?
In this case, Barbara Bobo, now deceased, commenced the action
during her lifetime. The gravamen of her complaint was that she
suffered from malignant pleural mesothelioma as a result of being
"wrongfully exposed" to asbestos fibers, "an inherently dangerous
toxic substance," that originated in the Browns Ferry Nuclear
Plant operated by the Tennessee Valley Authority. Mrs. Bobo,
however, never worked for the Tennessee Valley Authority in any
capacity. Moreover, she was never inside its Browns Ferry Nuclear
Plant. Instead, her claims were derivative: that is, they grew
out of her weekly practice of laundering the asbestos-laden work
clothes worn by her husband during the twenty-two years that he
was employed at the Browns Ferry Nuclear facility.
A full-text copy of Judge Smith's Decision is available at
http://is.gd/8WyQKMfrom Leagle.com.
Melissa Ann Bobo, co-personal representative of the Estate of
Barbara Bobo, deceased, Plaintiff, represented by Charles E
Soechting, Jr, SIMON GREENSTONE PANATIER BARTLETT PC, Christopher
J Panatier, SIMON GREENSTONE PANATIER BARTLETT PC, Jay Stuemke,
SIMON GREENSTONE PANATIER BARTLETT PC, Rachel Perkins, SIMON
GREENSTONE PANATIER BARTLETT PC & Rebekah Keith McKinney, WATSON
MCKINNEY LLP.
Shannon Jean Cox, co-personal representative of the Estate of
Barbara Bobo, deceased, Plaintiff, represented by Charles E
Soechting, Jr, SIMON GREENSTONE PANATIER BARTLETT PC, Christopher
J Panatier, SIMON GREENSTONE PANATIER BARTLETT PC, Jay Stuemke,
SIMON GREENSTONE PANATIER BARTLETT PC, Rachel Perkins, SIMON
GREENSTONE PANATIER BARTLETT PC & Rebekah Keith McKinney, WATSON
MCKINNEY LLP.
Tennessee Valley Authority, Defendant, represented by Edward C
Meade, TENNESSEE VALLEY AUTHORITY, Edwin W Small, TENNESSEE VALLEY
AUTHORITY & James S Chase, TENNESSEE VALLEY AUTHORITY.
ASBESTOS UPDATE: Shipowners Fail in "Bartel" Summary Judgment Bid
-----------------------------------------------------------------
Judge Eduardo C. Robreno of the United States District Court for
the Eastern District of Pennsylvania, in a memorandum dated June
23, 2015, denied the motion for summary judgment filed by various
shipowners represented by Thompson Hine LLP in the lawsuit filed
by Willard E. Bartel, Administrator of the Estate of James T.
McQueen, alleging that James McQueen was exposed to asbestos while
working aboard various ships.
The Thompson Hine Shipowners, in their summary judgment motion,
argued that (1) the Plaintiff's claims are barred by way of
judicial estoppel because Mr. McQueen failed to disclose the
asbestos action as an asset in his bankruptcy filing, and (2) the
Plaintiff cannot pursue the asbestos action because it is now
owned by the bankruptcy estate.
Judge Robreno ruled that under the circumstances, summary judgment
in favor of the Defendants on grounds of the real party in
interest/standing will be denied without prejudice. Judge Robreno
held that in this case, Mr. McQueen's asbestos claims remain part
of the bankruptcy estate and the trustee remains the real party in
interest for those claims, even after the bankruptcy was closed.
Judge Robreno further held Given that the claims belong to the
estate and that, therefore, distributions of any recovery by the
trustee should be made in accordance with the priorities set forth
in the Bankruptcy Code, the trustee is given the opportunity to
decide, in the first instance, whether he/she will prosecute the
claims.
The case is WILLARD E. BARTEL, Adm'r for JAMES T. MCQUEEN,
Deceased, Plaintiff, v. CHARLES KURZ & COMPANY INC., et al.,
Defendants, E.D. PA. CIVIL ACTION NO. 2:11-CV-30511-ER (E.D. Pa.).
A full-text copy of Judge Robreno's Decision is available at
http://is.gd/RCEyi5from Leagle.com.
WILLARD E. BARTEL, Plaintiff, represented by DONALD A. KRISPIN,
THE JAQUES ADMIRALTY LAW FIRM, P.C., DUANE C. MARSDEN, JAQUES
ADMIRALTY LAW FIRM, P.C., JOHN E. HERRICK, MOTLEY RICE LLC & JOHN
DAVID HURST, MOTLEY RICE LLC.
DAVID C. PEEBLES, Plaintiff, represented by DONALD A. KRISPIN, THE
JAQUES ADMIRALTY LAW FIRM, P.C., DUANE C. MARSDEN, JAQUES
ADMIRALTY LAW FIRM, P.C., JOHN E. HERRICK, MOTLEY RICE LLC & JOHN
DAVID HURST, MOTLEY RICE LLC.
CHESTERTON CO., A.W., Defendant, represented by JOHN P. PATTERSON,
Esq. -- john.patterson@tuckerellis.com -- TUCKER ELLIS WEST.
FARRELL LINES INC., Defendant, represented by HAROLD W. HENDERSON,
Esq. -- Hal.Henderson@ThompsonHine.com -- THOMPSON, HINE LLP &
RICHARD C. BINZLEY, THOMPSON, HINE AND FLORY.
GATKE CORPORATION, Defendant, represented by EDWARD J. CASS,
GALLAGHER SHARP FULTON NORMAN & JOHN M. HERKE, SPYRIDON PALERMO &
DORNAN.
IMO INDUSTRIES, INC., Defendant, represented by COLLEEN A.
MOUNTCASTLE, Esq. -- cmountcastle@gallaghersharp.com -- GALLAGHER
SHARP, KEVIN C. ALEXANDERSEN, Esq. --
kalexandersen@gallaghersharp.com -- GALLAGHER SHARP, STEPHEN M.
BEAUDRY, Esq., GALLAGHER SHARP & JAMES T. MILLICAN, II, GALLAGHER
SHARP.
JOHN CRANE INC., Defendant, represented by STEPHEN H. DANIELS,
Esq. -- sdaniels@mdllp.net -- MCMAHON DEGULIS LLP.
TRINIDAD CORPORATION, Defendant, represented by HAROLD W.
HENDERSON, THOMPSON, HINE LLP.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan,
Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A.
Chapman, Editors.
Copyright 2015. All rights reserved. ISSN 1525-2272.
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