/raid1/www/Hosts/bankrupt/CAR_Public/151208.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, December 8, 2015, Vol. 17, No. 244
Headlines
1144 OCEAN: Faces "Rodriguez" Suit Over Failure to Pay Overtime
ADVANCED MICRO: Slapped With Class suit Over Misleading Marketing
AIR CHECK: Faces "Foday" Suit Over Failure to Pay Overtime Wages
AMERICAN AIRLINES: Faces "Anderson" Suit Over Ticket-Price Fixing
AMERICAN EXPRESS: Vows to Fight NLRB Ruling on Class Suit Waivers
ANZ: Told to Compensate 200,000 Customers
ASTORIA FINANCIAL: Faces "Ira" Suit Over Proposed Sale to NYCB
ATP OIL: Louisiana Court Dismisses Securities Class
AURORA BEHAVIORAL: Outdated Policies Can Lead to Costly Suits
AVALONBAY COMMUNITIES: Judge Dismisses Part of Class Suit
CALIFORNIA: Suit Pursues End of Bail for Non-Violent Offenders
CALIFORNIA: Toll Roads Accused of Privacy Breach
CAMBRIDGE INTERNATIONAL: Suit Seeks to Recover Unpaid Overtime
CASHCALL INC: Illegally Collects Debt, "Moore" Action Claims
CAVALRY PORTFOLIO: Illegally Collects Debt, "Olsen" Suit Claims
CHECKPOINT SYSTEMS: Block & Leviton Files Securities Class Suit
DISCOUNT WAREHOUSE: Fails to Pay Employees Overtime, Action Says
ELITE BIO: Faces "Martinez" Suit Over Failure to Pay Overtime
ENERGES LLC: Faces "Romo" Suit Over Failure to Pay Overtime
EQUIFAX INC: Sued Over Fair Credit Reporting Act Violation
ESCALLATE LLC: Illegally Collects Debt, "Monaghan" Suit Claims
EXPERIAN INFORMATION: Faces "Kearns" Suit Over Data Breach
EXPERIAN HOLDINGS: Faces "Wenzel" Suit Over FCRA Violation
EXPERIAN HOLDINGS: Faces "Nguyen" Suit Over Debt Collection
FLOTEK INDUSTRIES: Gainey McKenna Files Securities Suit
FLOTEK INDUSTRIES: Rosen Law Firm Files Securities Class Suit
GENERAL CHEMICAL: Sued Over Liquid Aluminum Sulfate-Price Fixing
GREEN & COHEN: Illegally Collects Debt, "Rosenzweig" Suit Says
HUMANA INC: "Kinkead" Suit Seeks to Recover Unpaid OT Wages
JAFFE & ASHER: Illegally Collects Debt, "O'Donnell" Suit Claims
JC PENNEY: Settles Class Suit Over Markdowns
KANG LAN: Faces "Xia" Suit Over Failure to Pay Overtime Wages
KATRINA POWELL: To meet With NCAA Investigators
LOS ANGELES, CA: Proposed Deal in DWP Suit May Not Help Customers
LSB INDUSTRIES: Vincent Wong Files Securities Class Suit
MD SCIENCE: Removed "Albaran" Suit to C. District California
MEMPHIS, TEN: Police, Firefighter Unions Sue to Protect Pensions
NIAGARA CREDIT: Accused of Wrongful Conduct Over Debt Collection
NII HOLDINGS: Securities Suit Granted Class Certification
NOVANT HEALTH: To Pay $32-Mil. to Settle Retirement Plan Suit
PDR NETWORK: Has Sent Unsolicited Facsimile, Carlton Suit Claims
PREMIERE GLOBAL: Faces Noble "Suit" Over Proposed Sale to Siris
PROGRESS INC: Faces "Franco" Suit Over Failure to Pay Overtime
RKJ AND SONS: Fails to Pay Employees Overtime, "Walker" Suit Says
SHADOW MANAGEMENT: "Padgett" Suit Seeks to Recover Unpaid Wages
SINO-FOREST CORP: Court Approves $32.5MM Settlement in Class Suit
SODEXO INC: Does Not Properly Pay Employees, "Wesson" Suit Says
STARZ: Lieff Cabraser Files Securities Class Suit
TAURUS: Alabama Man Claims Safety Defect Killed Son
TCP INTERNATIONAL: Sued in N.Y. Over Misleading Financial Reports
TOSHIBA CORP: Investors Prepare Class Aaction
UNIVERSAL HOME: Faces "Thomas" Suit Over Failure to Pay Overtime
VALEANT PHARMA: Loses Bid to Escape Suit Over Allergan Offer
VIZIO HOLDINGS: Faces "Watts" Suit in Cal. Over Security Breach
VOLKSWAGEN GROUP: Faces "Adams" Suit in Cal. Over Defeat Devices
VOLKSWAGEN GROUP: Faces "Brownlow" Suit Over Defeat Devices
VOLKSWAGEN GROUP: Faces "Esneault" Suit Over Defeat Devices
WILMINGTON TRUST: Faces "Halldorson" Suit Over ERISA Violation
ZOFRAN: Siskinds LLP Launches Class Suit
* Arbitration Clauses Impact Class Actions in Canada, US
* Ontario Court of Appeal to Sort Out Class Action Carriage Mess
*********
1144 OCEAN: Faces "Rodriguez" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Michel Rodriguez and other similarly-situated individuals v. 1144
Ocean Drive, LLC, et al., Case No. 1:15-cv-23993 (S.D. Fla.,
October 23, 2015) is brought against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standard Act.
1144 Ocean Drive, LLC owns and operates a restaurant and bar in
Miami, Florida.
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 South Dadeland Boulevard, Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
ADVANCED MICRO: Slapped With Class suit Over Misleading Marketing
-----------------------------------------------------------------
Financial Buzz reported that the processor chip manufacturing firm
Advanced Micro Devices Inc. (NASDAQ:AMD) was slammed with a class-
action file lawsuit over highly unethical and erroneous marketing
leading measures. Reports say that the marketing language was used
in the advertisement as a gimmick to mislead the people into
buying the overvalued product. The robust American laws preclude
the use of deceptive advertising and marketing gimmicks by the
business organizations. It was also stated that the marketing and
sales team withheld important information from the consumer in
their advertising campaign.
Lawsuit details
AMD has been believed to claim that the processing chips
manufactured by them have eight cores. While most of the fact was
true, the information withheld was that of the eight cores only
four were functioning. This was particularly in relevance to their
bulldozer series of processing chips. Additionally, the
investigative bodies deduced that the high number of cores were
not an impressive feat as they worked in pairs. This meant that
one individual core could not function independently and would
require the other to function. In essence, two cores perform the
function of one in comparison to its competitor products.
The advertising campaign suggests that the bulldozer processors
are able to do eight different functions simultaneously. However,
due to the stripping down of the processor to reduce the size, it
has lost many of its multi-tasking functionality. The lawsuit was
filed against AMD especially in this regard, which is considered
as misleading advertising or marketing. In addition to the
misleading marketing advertising, AMD consciously did not disclose
the design model of the bulldozer chip, leaving the company
implicitly culpable. The processors' built too was not disclosed
to the consumers even after the product was launched and available
for sale to the general public. The overpromised performance left
consumers shocked and repulsed by the processing speed.
Even though the problem has now been addressed and brought to the
attention of the court, technical experts and lawyers state that
it could prove to work in AMD's favor. Many consumer activists and
law experts have stated that since the law has not kept up to date
with the technology, it could prove harmful. Technicalities such
as the definition of the core and the number of cores can be
considered as one or two issues that may prove to be easy
antiquated regulations to dodge.
Potential damages
While AMD has remained silent on the issue, sources state that if
AMD were to lose the lawsuit, it could cost AMD up to five million
dollars. There could also be additional costs that may need to be
paid out in the form of damages.
AIR CHECK: Faces "Foday" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Alex Foday and Fred Berrios, individually and on behalf of all
others similarly situated v. Air Check, Inc., Mark S. Rathke,
Roman Chmiel, and Teresa Kaminska, Case No. 1:15-cv-10205 (N.D.
Ill., November 10, 2015) is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standard Act.
The Defendants operate a janitorial firm, providing janitorial
cleaning services and other airport commercial services.
The Plaintiff is represented by:
Jeffrey Grant Brown, Esq.
JEFFREY GRANT BROWN, P.C.
221 North LaSalle Street, Suite 1414
Chicago, IL 60601
Telephone: (312) 789-9700
E-mail: jeff@jgbrownlaw.com
- and -
Glen J. Dunn Jr., Esq.
GLEN J. DUNN & ASSOCIATES, LTD.
221 North LaSalle Street, Suite 1414
Chicago, IL 60601
Telephone: (312) 546-5056
E-mail: gdunn@gjdlaw.com
AMERICAN AIRLINES: Faces "Anderson" Suit Over Ticket-Price Fixing
-----------------------------------------------------------------
Keith Anderson, 211 47th Street, NE, Washington, DC, 20019, on
behalf of himself and all others similarly situated v. American
Airlines Group Inc., American Airlines, Inc., Delta Air Lines,
Inc., Southwest Airlines Co., United Continental Holdings, Inc.,
and United Airlines, Inc., Case No. 1:15-cv-01985 (D. Col.,
November 10, 2015) arises from the Defendants' and others' alleged
unlawful combination, agreement and conspiracy to fix, raise,
maintain and stabilize the price of domestic airline tickets.
The Defendants operate the largest commercial airline company in
the United States.
The Plaintiff is represented by:
Michael G. McLellan, Esq.
FINKELSTEIN THOMPSON LLP
1077 30th Street NW, Suite 150
Washington, D.C. 20007
Telephone: (202) 337-8000
Facsimile: (202) 337-8090
E-mail: mmclellan@finkelsteinthompson.com
- and -
Whitney E. Street, Esq.
Lesley E. Weaver, Esq.
BLOCK & LEVITON LLP
520 Third Street, Suite 108
Oakland, CA 94607
Telephone: (415) 968-8999
Facsimile: (617) 507-6020
E-mail: wstreet@blockesq.com
lweaver@blockesq.com
- and -
Erica G. Langsen, Esq.
BLOCK & LEVITON LLP
155 Federal Street, Suite 400
Boston, MA 02110
Telephone: (617) 398-5600
Facsimile: (617) 507-6020
E-mail: elangsen@blockesq.com
- and -
Peter Safirstein, Esq.
Roger A. Sachar Jr., Esq.
MORGAN & MORGAN
28 West 44th Street, Suite 2001
New York, NY 10036
Telephone: (212) 564-1637
Facsimile: (212) 564-1656
E-mail: PSafirstein@MorganSecuritiesLaw.com
RSachar@MorganSecuritiesLaw.com
AMERICAN EXPRESS: Vows to Fight NLRB Ruling on Class Suit Waivers
-----------------------------------------------------------------
Robert Iafolla, writing for Reuters, reported that American
Express Co said on it will appeal a recent labor board decision
faulting the company for requiring workers to sign class action
waivers, teeing up the chance for another court to rule on a board
standard that some state and federal courts have already rejected.
On the National Labor Relations Board found that the waivers were
illegal under its 2012 decision in DR Horton Inc and its 2014
ruling in Murphy Oil USA Inc, both of which have been overturned
by the 5th U.S. Circuit Court of Appeals.
ANZ: Told to Compensate 200,000 Customers
-----------------------------------------
BBC reported that the move comes after the bank failed to apply
correct interest payments to some accounts for several years.
The lender told the BBC it had received a complaint about the
issue in 2013 and that the error dated back to 2007.
ANZ said a system error was to blame and that it was resolving the
problem and had apologised to customers.
"There was an issue where some customers were either underpaid or
overpaid the correct amount of bonus interest on their progress
saver account," ANZ's media spokesperson Emily Kinnear told the
BBC.
But Ms Kinnear said the bank would not recoup the amounts that
were overpaid.
The bank said the issue had affected 0.5% of saving accounts each
month and that the majority of refunds were for amounts of A$35.
About 100,000 customers were owed less than A$5.
Ms Kinnear said a thorough review had been conducted and
reimbursements should be completed.
Australia's banking watchdog, the Australian Securities and
Investment Commission (ASIC), said the lender had reported the
matter to the regulator.
It said ANZ had taken its breach reporting obligations seriously
and that the refund payment included an additional amount "to
recognise the time elapsed since the initial breach".
"Breach reporting helps ASIC ensure affected consumers are
returned to the position they would have held if it were not for
the breach occurring at all," ASIC's deputy chairman Peter Kell
said.
Earlier this year, ANZ won an appeal against a landmark court
ruling that some of its fees for late payments were unfair.
One of the largest in the country, the class action suit began in
2010 and involved some 43,500 customers.
The lender posted a record annual cash profit of A$7.2bn ($5.1bn;
œ3.34bn). The result for the year to September marked a 1% rise on
cash profits from a year earlier.
ASTORIA FINANCIAL: Faces "Ira" Suit Over Proposed Sale to NYCB
--------------------------------------------------------------
Sandra E. Weiss Ira, individually and on behalf of all others
similarly situated v. Astoria Financial Corporation, et al., Case
No. 607132/2015 (N.Y. Sup. Ct., November 4, 2015) is brought on
behalf of all the public holders of common stock of Astoria
Financial Corporation, to enjoin the sale of the Company to New
York Community Bancorp, Inc. at a grossly unfair price as a result
of a materially unfair and conflict-ridden process.
Astoria Financial Corporation operates as the holding company for
Astoria Bank that provides various financial products and services
to individuals and businesses in the United States.
New York Community Bancorp, Inc. operates as a holding company for
New York Community Bank and New York Commercial Bank and offers
banking products and financial services in New York, New Jersey,
Florida, Ohio, and Arizona.
The Plaintiff is represented by:
Matthew M. Guiney, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
E-mail: guiney@whafh.com
ATP OIL: Louisiana Court Dismisses Securities Class
---------------------------------------------------
Judge Sarah S. Vance of the United States District Court for the
Eastern District of Louisiana granted the motion to dismiss the
securities class action brought on behalf of all persons who
purchased ATP Oil & Gas Corporation's common stock in the public
market between December 16, 2010 and ATP's bankruptcy filing on
August 17, 2012.
Because it is in bankruptcy proceedings, ATP is not named as a
defendant in the action. Instead, the court-appointed Lead
Plaintiffs Brian M. Neiman, William R. Kruse, and the Moshe Issac
Foundation, individually and on behalf of the class, are suing
ATP's senior executives, alleging violations of Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, as well as SEC Rule
10b-5 promulgated thereunder. Defendants T. Paul Buhlman, Albert
L. Reese, Jr., Keith R. Godwin, and Leland E. Tate filed a motion
to dismiss plaintiffs' Consolidated Class Action Complaint for
failure to state a claim on March 6, 2015.
The case is FIREFIGHTERS PENSION & RELIEF FUND OF THE CITY OF NEW
ORLEANS, Individually and on Behalf of All Others Similarly
Situated v. T. PAUL BULMAHN, ET AL. SECTION: R, CIVIL ACTION NO.
13-3935, NO. C/W 13-6083., 13-6084, 13-6233 (E.D. La.).
A full-text copy of the Order dated November 23, 2015 is available
at http://is.gd/890ailfrom Leagle.com.
Firefighters Pension & Relief Fund of the City of New Orleans,
Plaintiff, represented by Andrew Allen Lemmon, Esq. --
Andrew@lemmonlawfirm.com -- Lemmon Law Firm, Donald A Broggi,
Scott & Scott LLP, Irma L. Netting, Esq. -- irma@lemmonlawfirm.com
-- Lemmon Law Firm & Joseph P. Guglielmo, Esq -- Scott & Scott
LLP.
Brian M Neiman, Consol Plaintiff, represented by William B.
Federman, Esq. -- wbf@federmanlaw.com -- Federman & Sherwood &
Stephen H. Kupperman, Esq. -- skupperman@barrassousdin.com --
Barrasso,Usdin, Kupperman, Freeman & Sarver, LLC.
T Paul Bulmahn, Defendant, represented by Roy Clifton Cheatwood,
Baker Donelson Bearman Caldwell & Berkowitz, Hamilton P Lindley,
Esq. -- Dean & Lyons, LLP, James P. Sullivan, Esq. --
tjsullivan@kslaw.com -- King & Spalding, LLP, Matthew A. Woolf,
Baker Donelson Bearman Caldwell & Berkowitz, Michael J. Biles,
Esq. -- mbiles@kslaw.com -- King & Spalding, LLP, Paul R.
Bessette, Esq. -- pbessette@kslaw.com -- King & Spalding, LLP,
Royale Price, Esq. -- rprice@kslaw.com -- King & Spalding, LLP,
Tyler W Highful, Esq. -- thighful@kslaw.com -- King & Spalding,
LLP & Yusuf Bajwa, Esq. -- King & Spalding, LLP.
Albert L Reese, Jr., Defendant, represented by Roy Clifton
Cheatwood, Esq. -- rcheatwood@bakerdonelson.com -- Baker Donelson
Bearman Caldwell & Berkowitz, Hamilton P Lindley, Dean & Lyons,
LLP, James P. Sullivan, King & Spalding, LLP, Matthew A. Woolf,
Esq. -- mwoolf@bakerdonelson.com -- Baker Donelson Bearman
Caldwell & Berkowitz, Michael J. Biles, King & Spalding, LLP, Paul
R. Bessette, King & Spalding, LLP, Royale Price, King & Spalding,
LLP, Tyler W Highful, King & Spalding, LLP & Yusuf Bajwa, King &
Spalding, LLP.
Keith R Godwin, Defendant, represented by Roy Clifton Cheatwood,
Baker Donelson Bearman Caldwell & Berkowitz, Hamilton P Lindley,
Dean & Lyons, LLP, James P. Sullivan, King & Spalding, LLP,
Matthew A. Woolf, Baker Donelson Bearman Caldwell & Berkowitz,
Michael J. Biles, King & Spalding, LLP, Paul R. Bessette, King &
Spalding, LLP, Royale Price, King & Spalding, LLP, Tyler W
Highful, King & Spalding, LLP & Yusuf Bajwa, King & Spalding, LLP.
About ATP Oil
Houston, Texas-based ATP Oil & Gas Corporation is an international
offshore oil and gas development and production company focused in
the Gulf of Mexico, Mediterranean Sea and North Sea.
ATP Oil & Gas filed a Chapter 11 petition (Bankr. S.D. Tex. Case
No. 12-36187) on Aug. 17, 2012. Attorneys at Mayer Brown LLP,
serve as bankruptcy counsel. Munsch Hardt Kopf & Harr, P.C., is
the conflicts counsel. Motley Rice LLC and Fayard & Honeycutt,
APC serve as special counsel. Opportune LLP is the financial
advisor and Jefferies & Company is the investment banker.
Kurtzman Carson Consultants LLC is the claims and notice agent.
ATP disclosed assets of $3.6 billion and $3.5 billion of
liabilities as of March 31, 2012. Debt includes $365 million on a
first-lien loan where Credit Suisse AG serves as agent. There is
$1.5 billion on second-lien notes with Bank of New York
MellonTrust Co. as agent. ATP's other debt includes $35 million
on convertible notes and $23.4 million owing to third parties for
their shares of production revenue. Trade suppliers have claims
for $147 million, ATP said in a court filing.
An official committee of unsecured creditors has been appointed in
the case. Evan R. Fleck, Esq., at Milbank, Tweed, Hadley &
McCloy, in New York, represents the Creditors Committee as
counsel.
A seven-member panel of equity security holders has also been
appointed in the case. Kyung S. Lee, Esq., and Charles M. Rubio,
Esq. of Diamond McCarthy LLP, in Houston, Texas, serve as counsel
to the Equity Committee.
Judge Marvin Isgur of the U.S. Bankruptcy Court for the Southern
District of Texas, Houston Division, issued an order on June 26,
2014, converting ATP Oil & Gas Corporation's Chapter 11 case to
one under Chapter 7 of the Bankruptcy Code.
AURORA BEHAVIORAL: Outdated Policies Can Lead to Costly Suits
-------------------------------------------------------------
Laura Reathaford, Esq. -- lreathaford@Venable.com -- and Ryan M.
Andrews, Esq. -- rmandrews@Venable.com -- at Venable LLP, in an
article for Lexology.com, reported that outdated and non-compliant
meal or rest break policies can, and often do, lead to costly
class action lawsuits for employers. But having lawful written
policies is only half the battle. A recent California court of
appeal decision reiterated that "the mere existence of a lawful
break policy will not defeat class certification in the face of
actual contravening policies and practices that, as a practical
matter, undermine the written policy and do not permit breaks."
Alberts v. Aurora Behavioral Health Care, -- Cal.Rptr.3d --, 2015
WL 6121981 (Cal. Ct. App. Oct. 16, 2015).
In Alberts, nurses at a hospital brought a class action alleging
that the Hospital denied them meal and rest periods and forced
them to work off the clock. The Hospital had a written policy that
provided for a meal break "approximately halfway between the
start and ending of the employee's shift," and allowed for two
10-minute rest periods "approximately halfway between starting
time and an employee's meal period, and between the meal period
and an employee finishing work for the day." While the parties
disputed the lawfulness of these policies, Plaintiffs moved to
certify the class on the theory that the Hospital systematically
understaffed its nursing positions, making it impossible for all
employees to take all of their mandated meal and rest breaks.
Plaintiffs also alleged that the Hospital had a business practice
of regularly directing nurses to work off the clock in order to
maintain appropriate nurse staffing ratios even though the
Hospital's written policy expressly prohibited off-the-clock work.
The trial court denied class certification in part because of the
"facial legality" of the Hospital's written policies. But the
court of appeal reversed, holding that the mere existence of a
lawful policy will not defeat class certification in the face of
actual contravening policies and practices that, as a practical
matter, undermine the written policy and do not permit breaks. The
Court found that the question of whether the Hospital's "system
governing rest and meal breaks-which applies to all putative class
member-does not comply with California law" is a common question
amenable to class certification.
Alberts also has good news for employers. The court held that even
if plaintiffs had articulated a common issue for purposes of class
certification, it was unclear whether the case would be manageable
as a class action, and the court remanded the case for further
consideration of that issue. In other words, even where the
Plaintiffs' theory of recovery turns on the lawful application of
a written policy and thus, may present a common question, this
does not necessarily mean that common issues will predominate such
that the case can be manageably tried as a class action. The
concurring opinion stressed that the case is unlikely to be able
to proceed as a class action because, "[i]n a case like this one,
where plaintiffs' primary allegations are that the Hospital had de
facto illegal policies, as opposed to policies illegal on their
face, individual evidence is likely to be central both to
plaintiffs' case and to the Hospital's defense."
Accordingly, employers would be wise not to assume that written
policies will insulate them from class actions. They should,
instead, assess whether their actual business practices are in
line with their written policies.
AVALONBAY COMMUNITIES: Judge Dismisses Part of Class Suit
---------------------------------------------------------
Svetlana Shkolnikova, writing for NorthJersey.com, reported that a
federal judge has dismissed part of a class action lawsuit filed
by residents of the Avalon at Edgewater apartment complex, ruling
that they could not be compensated for losses from the January
fire under the state's Consumer Fraud Act.
The blaze destroyed more than half the apartments in the 308-unit
development, leaving about 500 people homeless and displacing
hundreds more.
Two residents sued AvalonBay Communities Inc., which manages more
than 170 apartment communities in the country, on behalf of all
tenants of the Russell building and the River Mews building,
alleging negligence, private nuisance and consumer fraud.
In a 14-page opinion, U.S. District Judge Jose L. Linares ruled
that "while the court recognizes the loss suffered by plaintiffs,
the court agrees with AvalonBay that plaintiffs have not pled
sufficient facts to establish a NJCFA violation."
The plaintiffs had argued that Avalon's marketing of the
development as the "best New Jersey apartments" with "beautifully
maintained grounds, and top of the line amenities" and
"thoughtfully designed floor plans" led tenants to believe that
the company "incorporated the latest and best luxury construction,
when in fact it was a fire trap."
They accused the company of intentionally omitting information
about the building materials in the complex, its history of fire-
related incidents, including another fire at the site 15 years
ago, and the lack of credentials of the plumbers who were hired to
perform maintenance on the Russell building and accidentally
sparked the fire while using a blowtorch.
Fire officials blamed lightweight wood construction and the
building's truss-style roof for accelerating the spread of the
blaze from above and causing a collapse.
The judge found the arguments insufficient, writing that the
plaintiffs failed to cite any law requiring a landlord to disclose
all building materials to prospective tenants, referenced past
fire incidents that occurred on construction sites and not
occupied apartment buildings and referred to a post-fire
inspection of the River Mews building that "says nothing about the
conditions that existed at the time the defendant leased the
property."
"The court understands the emotion behind the pleadings but
plaintiffs must understand that not every alleged wrong can be
remedied with every cause of action," he wrote.
The plaintiffs' lawyers have until Dec. 3 to re-plead the fraud
claim, though the judge cautioned that "current allegations
suggest that that may not be able to state a valid. . . claim."
CALIFORNIA: Suit Pursues End of Bail for Non-Violent Offenders
--------------------------------------------------------------
Omari Fleming, writing for NBC San Diego, reported that suspected
criminals arrested, but not put behind bars on bail. This could be
the reality, at least according to a federal class-action lawsuit
recently filed by a nonprofit organization in California.
The organization, Equal Justice Under Law, filed the lawsuit in
San Francisco proposing an end to money-based bail for non-violent
offenders.
If the organization wins the case, it could have broader
implications for counties across the state, including San Diego
County, where some find the idea of no bail worrisome.
"I can't imagine life without bail," exclaimed San Diego bail
agent, Wendy Zummut, owner of Bail Bond Woman. "It would be
catastrophic! We'd have anarchy."
The lawsuit calls the bail process a "wealth-based detention
scheme" that essentially allows rich people to pay out of pocket
to get out of jail while the poor either remain jailed or are
forced to go to bail agents, financing their freedom over time.
Phil Telfeyan, Executive Director of Equal Justice Under Law,
filed the class-action suit.
"If the state has already made policy decision that if you're
selling drugs, if you pay enough money you can be free, we don't
think that's a fair process," he explained. "It's discrimination
against the poor so that two people who commit the exact same
crime have different outcomes based on wealth status."
But not everyone agrees with that stance.
"If I get arrested for DUI and my bail is $2,500 and I'm homeless
and you get arrested for drunk driving and you're a
multimillionaire, it's $2,500," Marco LiMandri, of the California
Bail Agents Association, told NBC 7. "That's fair. We're both
paying the same amount."
The suit notes counties have methods besides monetary bail to
ensure suspects appear in court while still keeping the public
safe, including things like home detention and electronic
monitoring.
"If there is domestic violence there can be a restraining order
put in place as a pretrial condition," added Telfeyan.
"Misdemeanor domestic violence is a gateway to felony domestic
violence as things escalate, as we learned from O.J.," Zumutt
countered.
The San Diego Police Department, San Diego County Sheriff's
Department and San Diego County District Attorney's office did not
want to comment on the lawsuit, citing pending litigation. Similar
lawsuits have been filed in seven other states.
CALIFORNIA: Toll Roads Accused of Privacy Breach
------------------------------------------------
The NewsPaper reported that toll roads in Orange County,
California are violating federal laws designed to guard against
identity theft. That is the contention of Tustin resident Robert
Cohen in a class action lawsuit filed in the US District Court for
the Central District of California.
According to the complaint, the Foothill/Eastern Transportation
Corridor Agency and the San Joaquin Hills Transportation Corridor
Agency (state government entities collectively known as The Toll
Roads) outsourced money collection first to 3M and then BRiC-TPS
LLC. These firms, which handle payment information from 250,000
motorist trips every day, have allegedly failed to follow a 2006
law that prohibits the display of more than five digits of a
credit card number on a receipt. Cohen received a notice from The
Toll Roads disclosing eight digits of his Visa card number.
Congress adopted the Fair and Accurate Credit Transactions Act
(FACTA) to keep identity thieves from gathering account numbers
by, for example, looking for receipts in the trash. California's
own version of this law has been in effect since 2001. Cohen
argues the tolling agencies have no excuse for failing to abide by
it.
"Since its enactment in 2006, the requirements of FACTA have been
widely publicized, including to defendants," Cohen's attorney,
Jeff S. Westerman, wrote. "Despite being on notice for over a
decade, defendants willfully, knowingly, or recklessly violated
FACTA, designed to prevent identity theft, when plaintiff and
other class members paid their tolls with a credit or debit card
and received an electronically printed receipt from The Toll Roads
disclosing more than the last five digits of their card numbers."
Motorists who may not want to subject themselves to the
possibility of identity theft have no choice, as these toll roads
stopped accepting cash.
"Thieves commonly obtain credit or debit card receipts that are
stolen, lost, or discarded, and use this information to engage in
fraudulent and unauthorized credit and debit card transactions,"
Westerman wrote. "They are facilitated in deciphering account
numbers if more than the last five digits of a credit or debit
card are disclosed."
Under FACTA, affected consumers are entitled to damages of between
$100 and $1000 for a violation, plus punitive damages.
CAMBRIDGE INTERNATIONAL: Suit Seeks to Recover Unpaid Overtime
--------------------------------------------------------------
Scott Newland, Dejuan Brown, and James Lidgard, individually and
on behalf of all others similarly situated v. Cambridge
International Systems, Inc., Case No. 2:15-cv-00491-MSD-DEM (E.D.
Va., November 10, 2015) seeks to recover overtime wages,
liquidated damages, costs, attorneys' fees, declaratory and
injunctive relief, and any other relief pursuant to the Fair Labor
Standard Act.
Cambridge International Systems, Inc. owns and operates a company
providing IT solutions and problem solving which does work in
Virginia.
The Plaintiff is represented by:
Todd M. Gaynor, Esq.
GAYNOR LAW CENTER, PC
440 Monticello Avenue, Suite 1800
Norfolk, VA 23454
Telephone: (757) 828-3739
Facsimile: (757) 257-3674
E-mail: tgaynor@gaynorlawcenter.com
- and -
J. Allen Schreiber, Esq.
BURKE HARVEY, LLC
2151 Highland Avenue, Suite 150
Birmingham, AL
Telephone: (205) 930-8144
Facsimile: (205) 930-9091
E-mail: aschreiber@burkeharvey.com
CASHCALL INC: Illegally Collects Debt, "Moore" Action Claims
------------------------------------------------------------
Jeffrey S. Moore, individually and on behalf of a class of
similarly situated individuals v. CashCall, Inc., et al., Case No.
2:15-cv-00192 (E.D. Ky., November 9, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
CashCall, Inc. owns and operates a debt collection agency in
Kentucky.
The Plaintiff is represented by:
Matthew T. Sanning, Esq.
LAW OFFICE OF MATTHEW T. SANNING
224 Main Street
Augusta, KY 41001
Telephone: (606) 756-2066
Facsimile: (606) 765-2664
E-mail: mattsanning@windstream.net
- and -
Robert R. Sparks, Esq.
STRAUSS & TROY CO., LPA
150 E. Fourth Street
Federal Reserve Building, Fourth Floor
Cincinnati, OH 45202-4018
Telephone: (513) 621-2120
Facsimile: (513) 241-8259
E-mail: rrsparks@strausstroy.com
CAVALRY PORTFOLIO: Illegally Collects Debt, "Olsen" Suit Claims
---------------------------------------------------------------
Christopher Olsen, on behalf of himself and all others similarly
situated v. Cavalry Portfolio Services, LLC, Case No. 8:15-cv-
02520 (M.D. Fla., October 23, 2015) seeks to stop the Defendant's
unfair and unconscionable means to collect a debt.
Cavalry Portfolio Services, LLC owns and operates a debt
collection agency in Florida.
The Plaintiff is represented by:
Ian Richard Leavengood, Esq.
J. Andrew Meyer, Esq.
LEAVENGOOD, DAUVAL, BOYLE & MEYER PA
3900 First St N Ste 100
St Petersburg, FL 33703-6109
Telephone: (727) 327-3328
Facsimile: (727) 327-3305
E-mail: ileavengood@leavenlaw.com
ameyer@leavenlaw.com
CHECKPOINT SYSTEMS: Block & Leviton Files Securities Class Suit
---------------------------------------------------------------
Block & Leviton LLP (www.blockesq.com) has filed a class action
lawsuit against Checkpoint Systems Inc. ("Checkpoint" or the
"Company") (NYSE:CKP) and three of the Company's current or former
officers following the Company's restatement of previously issued
financial statements, resulting in a dramatic drop in the
Company's stock price, costing shareholders tens of millions in
losses.
The case is pending in the United States District Court for the
District of New Jersey and is captioned Meier v. Checkpoint
Systems, Inc., et al. The lawsuit was brought on behalf of all
investors who purchased or otherwise acquired Checkpoint
securities (the "Class") between March 5, 2015 and November 3,
2015 (the "Class Period"). If you have questions about your legal
rights, would like a copy of the complaint or if you have
information relevant to this lawsuit, please contact either
attorney Steven Harte at (617) 398-5600 or by email at
Steven@blockesq.com or attorney Brad Vettraino at (617) 398-5600
or by email at Bradley@blockesq.com
The lawsuit alleges that throughout the Class Period, the
defendants made false and misleading statements and failed to
disclose material information, with respect to the accounting for
its quarterly income tax provisions. On November 3, 2015,
Checkpoint announced in an 8-K filing with the SEC that it
intended to restate certain financial statements made in its
filings for the first two quarters of 2015 and that such previous
statements should no longer be relied upon.
As a result of the Company's need to restate its financial
results, Checkpoint's shares fell by more than 22% on the day the
restatements were made, resulting in a loss in market
capitalization of nearly $70 million.
If you wish to serve as a lead plaintiff, you must move the Court
no later than January 11, 2016. As a member of the class, you may
seek to file a motion to serve as a lead plaintiff, retain counsel
of your choosing or take no action and remain an absent class
member.
Block & Leviton represents investors for violations of securities
laws as well as whistleblowing employees who provide information
about their employers' violations of law throughout the country.
The firm's lawyers have collectively been prosecuting securities
cases for over 70 years, have recovered billions of dollars for
investors and represent some of the nation's largest institutional
investors.
Contact:
Steven Harte, Esq.
BLOCK & LEVITON LLP
155 Federal St.
Boston MA 02110
Tel: (617) 398-5600
DISCOUNT WAREHOUSE: Fails to Pay Employees Overtime, Action Says
----------------------------------------------------------------
Porfirio Tapia Bautista and all others similarly situated v. The
Discount Warehouse, Inc., Raphael Shabtai, and Chanel S. Shabtai,
Case No. 1:15-cv-24206-KMM (S.D. Fla., November 10, 2015) is
brought against the Defendants for failure to pay overtime wages
for work performed in excess of 40 hours weekly.
The Discount Warehouse, Inc. exports and distributes surplus,
salvage, and closed out general merchandise to buyers,
distributors, flea market vendors, auctioneers, and brokers.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: (305) 865-7167
E-mail: ZABOGADO@AOL.COM
ELITE BIO: Faces "Martinez" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Kerry Martinez, Matthew Beckner, Shawnte Charles, Russell Ford,
Derrell Lykes, and Eric Mckinley, individually and on behalf of
similarly situated employees v. Elite Bio Labs, LLC, and Ming Hou,
Case No. 3:15-cv-00505 (E.D. Tenn., November 10, 2015) is brought
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standard Act.
The Defendants manufacture, market, and sell dietary supplements
from their facility in Seymour, Tennessee.
The Plaintiff is represented by:
Jesse D. Nelson, Esq.
Kayla L. Towe, Esq.
LAW OFFICE OF JESSE D. NELSON, PLLC
9724 Kingston Pike, Suite 104
Knoxville, TN 37922
Telephone: (865) 383-1053
E-mail: jesse@jessenelsonlaw.com
kayla@jessenelsonlaw.com
ENERGES LLC: Faces "Romo" Suit Over Failure to Pay Overtime
-----------------------------------------------------------
Ricardo Romo, and Martin W. Kolodzire, individually and on behalf
of other similarly situated v. Energes LLC f/k/a Mesa Services,
LLC, Case No. 5:15-cv-00983 (W.D. Tex., November 10, 2015) is
brought against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standard Act.
Energes LLC is in the business of providing energy safety
solutions.
The Plaintiff is represented by:
Glenn D. Levy, Esq.
LAW OFFICE OF GLENN D. LEVY
906 Basse, Suite 100
San Antonio, TX 78212
Telephone: (210) 822-5666
Facsimile: (210) 822-5650
EQUIFAX INC: Sued Over Fair Credit Reporting Act Violation
----------------------------------------------------------
Kathleen N. Pedro, on behalf of herself and all others similarly
situated v. Equifax, Inc., et al., Case No. 1:15-cv-03735 (N.D.
Ga., October 23, 2015) is brought against the Defendants for
violation of the Fair Credit Reporting Act.
Equifax, Inc. operates as a consumer credit reporting agency in
Atlanta, Georgia.
The Plaintiff is represented by:
James A. Francis, Esq.
FRANCIS & MAILMAN, P.C.
19th Floor, Land Title Building
100 South Broad Street
Philadelphia, PA 19110
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
E-mail: jfrancis@consumerlawfirm.com
- and -
Jonathan D. Selbin, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN
Embarcadero Center West
275 Battery Street, 30th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
- and -
Kenneth S. Canfield, Esq.
DOFFERMYRE SHIELDS CANFIELD & KNOWLES, LLC
1355 Peachtree Street, N.E., Suite 1600
Atlanta, GA 30309
Telephone: (404) 881-8900
E-mail: kcanfield@dsckd.com
- and -
Matthew R. Wilson, Esq.
DAVID P. MEYER & ASSOCIATES CO., LPA
Suite 100, 1320 Dublin Road
Columbus, OH 43215
Telephone: (614) 224-6000
Facsimile: (614) 224-6066
E-mail: mwilson@dmlaws.com
ESCALLATE LLC: Illegally Collects Debt, "Monaghan" Suit Claims
--------------------------------------------------------------
John A. Monaghan, on behalf of himself and those similarly
situated v. Escallate, LLC, et al., Case No. 2:15-cv-07991
(D.N.J., November 9, 2015) seeks to stop the Defendant's unfair
and unconscionable means to collect a debt.
Escallate, LLC owns and operates a debt collection agency in New
Jersey.
The Plaintiff is represented by:
Yongmoon Kim, Esq.
KIM LAW FIRM LLC
411 Hackensack Ave 2 Fl.
Hackensack, NJ 07601
Telephone: (201) 273-7117
Facsimile: (201) 273-7117
E-mail: ykim@kimlf.com
EXPERIAN INFORMATION: Faces "Kearns" Suit Over Data Breach
----------------------------------------------------------
Julie Kearns, on behalf of herself and all others similarly
situated v. Experian Information Solutions, Inc., Case No. 8:15-
cv-01853 (C.D. Cal., November 10, 2015) arises out of the massive
hack on Experian's servers that compromised the sensitive data of
T-Mobile's customers and individuals who applied for credit with
T-Mobile.
Experian Information Solutions, Inc. is an Ohio corporation which
provides, among other things, credit check services to
corporations.
The Plaintiff is represented by:
Christopher P. Ridout, Esq.
Caleb Marker, Esq.
ZIMMERMAN REED LLP
555 E. Ocean Blvd., Suite 500
Long Beach, CA 90802
Telephone: (877) 500-8780
Facsimile: (877) 500-8781
E-mail: christopher.ridout@zimmreed.com.com
caleb.marker@zimmreed.com
- and -
Daniel E. Gustafson, Esq.
Jason S. Kilene, Esq.
Joseph C. Bourne, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgustafson@gustafsongluek.com
jkilene@gustafsongluek.com
jbourne@gustafsongluek.com
EXPERIAN HOLDINGS: Faces "Wenzel" Suit Over FCRA Violation
----------------------------------------------------------
Gregory Wenzel, et al. v. Experian Holdings Inc., et al, Case No.
8:15-cv-01847 (C.D. Cal., November 10, 2015) is brought against
the Defendants for violation of the Fair Credit Reporting Act.
Experian Holdings Inc. operates a global information services
company.
The Plaintiff is represented by:
Aron K. Liang, Esq.
Jack W. Lee, Esq.
MINAMI TAMAKI LLP
360 Post Street 8th Floor
San Francisco, CA 94108
Telephone: (415) 788-9000
Facsimile: (415) 398-3887
E-mail: aliang@minamitamaki.com
jlee@minamitamaki.com
- and -
Manfred Patrick Muecke, Esq.
BONNETT FAIRBOURN FRIEDMAN AND BALINT PC
600 West Broadway Suite 900
San Diego, CA 92101
Telephone: (619) 756-7748
Facsimile: (602) 274-1199
E-mail: mmuecke@bffb.com
EXPERIAN HOLDINGS: Faces "Nguyen" Suit Over Debt Collection
-----------------------------------------------------------
Oanh Nguyen, individually and on behalf of all others similarly
situated v. Experian Holdings Inc., et al., Case No. 8:15-cv-
01722 (C.D. Cal., October 23, 2015) is brought against the
Defendants for violation of the Fair Credit Reporting Act.
Experian Holdings Inc. operates a global information services
company.
The Plaintiff is represented by:
Samuel M. Ward, Esq.
Stephen R. Basser, Esq.
BARRACK RODOS AND BACINE
One America Plaza
600 West Broadway Suite 900
San Diego, CA 92101
Telephone: (619) 230-0800
Facsimile: (619) 230-1874
E-mail: sward@barrack.com
sbasser@barrack.com
- and -
Wylie A. Aitken, Esq.
Darren O'Leary Aitken, Esq.
AITKEN AITKEN COHN
3 MacArthur Place No 800
Santa Ana, CA 92707
Telephone: (714) 434-1424
Facsimile: (714) 434-3600
E-mail: wylie@aitkenlaw.com
darren@aitkenlaw.com
FLOTEK INDUSTRIES: Gainey McKenna Files Securities Suit
-------------------------------------------------------
Gainey McKenna & Egleston announces that a class action lawsuit
has been filed in the United States District Court for the
Southern District of Texas on behalf of all persons or entities
that purchased the securities of Flotek Industries Inc. (NYSE:FTK)
between October 23, 2014 through November 9, 2015 (the "Class
Period"), alleging violations of the Securities Exchange Act of
1934 against the Company and certain of its officers (the
"Complaint").
The Complaint alleges that Defendants issued materially false and
misleading statements to investors and/or failed to disclose that:
(1) the Company's proprietary software application-FracMax-had
data and process errors; (2) the reported production data from
FracMax for three of the wells in the Company's New York City
Investor Presentation on September 11, 2015 were inaccurate; (3) a
FracMax app from the Company in the Apple iTunes Store does not
work; and (4) as a result of the foregoing, the Company's public
statements were materially false and misleading at all relevant
times. When the true details entered the market, the lawsuit
claims that investors suffered damages.
If you wish to serve as lead plaintiff, you must move the Court no
later than January 11, 2016. A lead plaintiff is a representative
party acting on behalf of other class members in directing the
litigation. If you wish to join the litigation, or to discuss
your rights or interests regarding this class action, please
contact Thomas J. McKenna, Esq. or Gregory M. Egleston, Esq. of
Gainey McKenna & Egleston at (212) 983-1300, or via e-mail at
tjmckenna@gme-law.com or gegleston@gme-law.com.
This may be considered attorney advertising in some jurisdictions
and prior results do not guarantee a similar outcome with respect
to any future matter.
FLOTEK INDUSTRIES: Rosen Law Firm Files Securities Class Suit
-------------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, announces that
it has filed a class action lawsuit on behalf of purchasers of
Flotek Industries Inc. securities from October 23, 2014 through
November 9, 2015, all dates inclusive (the "Class Period"). The
lawsuit seeks to recover damages Flotek Industries investors under
the federal securities laws.
To join the Flotek Industries class action, go to the firm's
website at http://www.rosenlegal.com/cases-777.htmlor call
Phillip Kim, Esq. or Kevin Chan, Esq. toll-free at 866-767-3653 or
email pkim@rosenlegal.com or kchan@rosenlegal.com for information
on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ACTION. UNTIL A CLASS IS
CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN
ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT
THIS POINT. YOU MAY RETAIN COUNSEL OF YOUR CHOICE.
According to the lawsuit, throughout the Class Period defendants
issued materially false and misleading statements to investors
and/or failed to disclose that: (1) Flotek Industries' proprietary
software application'FracMax'had data and process errors; (2) the
reported production data from FracMax for three of the wells in
the Company's New York City Investor Presentation on September 11,
2015 were inaccurate; (3) an application from the Company claiming
to be FracMax available in the Apple iTunes Store does not work;
and (4) as a result of the foregoing, the Company's public
statements were materially false and misleading at all relevant
times. When the true details entered the market, the lawsuit
claims that investors suffered damages.
A class action lawsuit has already been filed. If you wish to
serve as lead plaintiff, you must move the Court no later than
January 11, 2016. A lead plaintiff is a representative party
acting on behalf of other class members in directing the
litigation. If you wish to join the litigation, go to the firm's
website at http://www.rosenlegal.com/cases-777.htmlor to discuss
your rights or interests regarding this class action, please
contact Phillip Kim, Esq. or Kevin Chan, Esq. of Rosen Law Firm
toll free at 866-767-3653 or via e-mail at pkim@rosenlegal.com or
kchan@rosenlegal.com.
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation.
The Rosen Law Firm, P.A.
Laurence Rosen, Esq.
Phillip Kim, Esq.
Kevin Chan, Esq.
275 Madison Avenue, 34 [th] Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
lrosen@rosenlegal.com
pkim@rosenlegal.com
kchan@rosenlegal.com
GENERAL CHEMICAL: Sued Over Liquid Aluminum Sulfate-Price Fixing
----------------------------------------------------------------
City and County of Denver acting by and through its Board of Water
Commissioners, on behalf of itself and on behalf of all others
similarly situated v. General Chemical Performance
Products, LLC, Chemtrade Logistics Income Fund, and Does 1-10,
Case No. 2:15-cv-07996-SRC-CLW (D.N.J., November 10, 2015) arises
from the Defendants' alleged long-standing conspiracy to constrain
or eliminate competition in the sale and distribution of liquid
aluminum sulfate in the United States.
The Defendants are the largest producers of liquid aluminum
sulfate in North America.
The Plaintiff is represented by:
Peter S. Pearlman, Esq.
COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP
Park 80 West - Plaza One
250 Pehle Avenue, Suite 401
Saddle Brook, NJ 07663
Telephone: (201) 845-9600
Facsimile: (201) 845-9423
E-mail: psp@njlawfirm.com
GREEN & COHEN: Illegally Collects Debt, "Rosenzweig" Suit Says
--------------------------------------------------------------
Joel Rosenzweig, et al., v. Green & Cohen, P.C., et al., Case No.
1:15-cv-06100 (E.D.N.Y., October 23, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Green & Cohen, P.C. operates a law firm located at 319 E 91st St,
New York, NY 10128.
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, ATTORNEY AT LAW
483 Chestnut Street
Cedarhurst, NY 11516
Telephone: (516) 791-4400
Facsimile: (516) 791-4411
E-mail: fishbeinadamj@gmail.com
HUMANA INC: "Kinkead" Suit Seeks to Recover Unpaid OT Wages
-----------------------------------------------------------
Daverlynn Kinkead, individually and on behalf of all others
similarly situated v. Humana, Inc., Humana at Home, Inc., and
Seniorbridge Family Companies (CT), Inc., Case No. 3:15-cv-01637-
JAM (D. Conn., November 10, 2015) seeks to recover unpaid overtime
wages and damages pursuant to the Fair Labor Standard Act.
The Defendants operate a Kentucky-based for-profit health
insurance company.
The Plaintiff is represented by:
Dan Getman, Esq.
Michael J.D. Sweeney, Esq.
GETMAN & SWEENEY, PLLC
9 Paradise Lane
New Paltz, NY 12561
Telephone: (845) 255-9370
Facsimile: (845) 255-8649
E-mail: dgetman@getmansweeney.com
msweeney@getmansweeney.com
- and -
Philip Bohrer, Esq.
Scott E. Brady, Esq.
BOHRER BRADY LLC
8712 Jeffrey Highway, Ste. B
Baton Rouge, LA 70809
Telephone: (225) 925-5297
Facsimile: (225) 231-7000
E-mail: Phil@bohrerbrady.com
Scott@bohrerbrady.com
JAFFE & ASHER: Illegally Collects Debt, "O'Donnell" Suit Claims
---------------------------------------------------------------
Thomas O'Donnell, as an individual; on behalf of himself and all
others similarly situated v. Jaffe & Asher LLP, et al., Case No.
2:15-cv-07697 (D.N.J., October 24, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Jaffe & Asher LLP operates a law firm located at 600 3rd Ave #23,
New York, NY 10016.
The Plaintiff is represented by:
Yongmoon Kim, Esq.
KIM LAW FIRM LLC
411 Hackensack Ave 2 Fl.
Hackensack, NJ 07601
Telephone: (201) 273-7117
Facsimile: (201) 273-7117
E-mail: ykim@kimlf.com
JC PENNEY: Settles Class Suit Over Markdowns
--------------------------------------------
Ian P. Murphy, writing for RetailDive.com, reported that J.C.
Penney Co. has settled a class-action lawsuit in which it was
accused of marking up items before putting them on sale to
increase shoppers' perceptions of the discount.
Penney will pay $50 million to California shoppers under the
settlement, and defendants will have the option of a cash payment
or store credit as payment.
Federal Trade Commission regulations dictate that retailers must
sell products at their original prices for a "reasonable" period
before advertising markdowns.
Dive Insight:
J.C. Penney has settled a class-action lawsuit that claims it
engaged in a prolonged campaign to mark items up before marking
them down again, leading customers to believe that they were
getting heavy discounts.
Filed in California federal court, the lawsuit named Penney's
exclusive and private-label brands such as Liz Claiborne as
products likely to carry misleading prices. Shoppers who bought
such items in California between Nov. 5, 2010 and Jan. 31, 2012 at
discounts of 30% or more will receive a portion of the $50 million
settlement in cash or store credit based on the amount of their
purchases.
Penney's denied wrongdoing in the settlement, but agreed to
examine its pricing policies, which depend on numerous discounts
and coupons. The chain abandoned its discounting strategy briefly
in 2012 under CEO Ron Johnson's widely vilified experiment with
value-based "everyday low" prices, and has struggled to regain its
footing in the marketplace since. Kohl's and Men's Wearhouse are
engaged in similar suits.
KANG LAN: Faces "Xia" Suit Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Zheng Ji Xia, individually and on behalf of all other employees
similarly situated v. Kang Lan Medical PLLC, Summer R. Zhang
a/k/a. Ruo Lan Zhang, John Doe and Jane Doe # 1-10, Case No. 1:15-
cv-06440-CBA-CLP (E.D.N.Y., November 10, 2015) is brought against
the Defendants for failure to pay overtime wages in violation of
the Fair Labor Standard Act.
The Defendants own and operate a Medical office in Queens located
at 37-01 Main Street, Ste. LL1, Flushing NY 11354.
The Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Telephone: (718) 353-8588
E-mail: jhang@hanglaw.com
KATRINA POWELL: To meet With NCAA Investigators
-----------------------------------------------
WLKY.com reported that the woman at the center of the sex scandal
involving the University of Louisville is expected to meet with
NCAA investigators.
Katina Powell, who wrote "Breaking Cardinal Rules," will speak
with NCAA investigators.
"In consideration of the fact that the Commonwealth is going
forward and considering criminal charges against Ms. Powell, it is
no longer in her best interest to forgo meeting with the NCAA and
sharing all of the demonstrative evidence she has to support her
position," her attorney, Larry Wilder, said.
In her book, Powell wrote between 2010 and 2014, she was paid
thousands of dollars by former University of Louisville staffer
Andre McGee to bring young women to perform for basketball
recruits at parties held in University of Louisville dorms.
Powell said sometimes they were paid to have sex.
Five women joined a class action lawsuit against Powell. In the
lawsuit, the women said Powell defamed their names in "Breaking
Cardinal Rules."
The lawyers representing the women said none of their clients
engaged in prostitution acts.
The class action lawsuit was originally filed by a UofL student
who claimed Powell's book lessened the value of her degree from
the university.
McGee resigned from his assistant coaching position at the
University of Missouri-Kansas City.
LOS ANGELES, CA: Proposed Deal in DWP Suit May Not Help Customers
-----------------------------------------------------------------
CBS Los Angeles reported that the Los Angeles Department of Water
and Power's flawed billing system overcharged ratepayers thousands
of dollars. The agency is now dealing with the fallout in a
proposed class-action settlement.
But the settlement will not help certain ratepayers like Bradley
Fagerstrom, who said he could not believe it when he got a water
bill saying he owed $2,500.
Vanessa Marcil said she was shocked when she saw her bill, too. "I
got a bill on Oct. 19th saying I owe over $5,000."
They are not alone. CBS2/KCAL9's Randy Paige spoke to at least
half a dozen customers who said they have been overcharged for
water and power the utility company said they used in 2013 and
2014. That is about the same time frame the DWP was using new
software that was causing many billing errors.
A proposed settlement in a class-action lawsuit against the DWP
offers help for customers with future bills but leaves out all of
the ratepayers like Fagestrom and Marcil who have already received
their bills.
"They're preparing for the next billing failure rather than
helping any victims of this billing failure," said Consumer
Watchdog Jamie Court
Fagerstom and Marcil said they have been faithfully making
payments. But the DWP claimed they are not paying enough, so
they're getting disconnect notices, according to Fagerstom and
Marcil.
"It's been horrible. Scared the heck out of my wife and my mother-
in-law who lives with us -- that they're going to shut off the
water, and we're sitting there going shut it off?" Fagerstom
outcried.
Paige asked DWP General Manager Marcie Edwards how she would
respond to these customers. "They need to call us. We need to pull
their account. We're certainly not going to disconnect someone for
a bad bill," Edwards said.
Marcil said she has made many calls and is still waiting for
answers. "I live with a disabled Iraq War vet. You're going to
turn off his electricity? It doesn't make any sense."
LSB INDUSTRIES: Vincent Wong Files Securities Class Suit
--------------------------------------------------------
The Law Offices of Vincent Wong announce that a class action
lawsuit has been commenced in the USDC for the Southern District
of New York on behalf of investors who purchased LSB Industries,
Inc. ("LSB Industries" or the "Company") (NYSE: LXU) common stock
between May 8, 2015 and August 7, 2015.
The Complaint alleges that throughout the Class Period, Defendants
made false and/or misleading statements and/or failed to disclose:
(1) that the Company's costs related to the expansion of the El
Dorado Facility would be significantly higher than reported; and
(2) that as a result of the foregoing, the Company's statements
about its business, operations, and prospects, were false and
misleading and/or lacked a reasonable basis.
On August 7, 2015, the Company revealed that it intended to
implement certain recommendations after the Strategic Committee of
the LSB Industries Board of Directors reviewed the Company's
business strategy, corporate governance structure, related party
transactions and other governance practices of the Company. Then
on September 3, 2015, the Company announced that President and CEO
Barry H. Golsen had resigned.
If you suffered a loss in LSB Industries you have until November
24, 2015 to request that the Court appoint you as lead plaintiff.
Your ability to share in any recovery doesn't require that you
serve as a lead plaintiff. To obtain additional information,
contact Vincent Wong, Esq. either via email vw@wongesq.com, by
telephone at 212.425.1140, or visit http://docs.wongesq.com/LXU-
Info-Request-Form-955.
Vincent Wong, Esq. is an experienced attorney that has represented
investors in securities litigations involving financial fraud and
violations of shareholder rights.
CONTACT:
Vincent Wong, Esq.
39 East Broadway
Suite 304
New York, NY 10002
Tel. 212.425.1140
Fax. 866.699.3880
E-Mail: vw@wongesq.com
MD SCIENCE: Removed "Albaran" Suit to C. District California
------------------------------------------------------------
The class action lawsuit captioned Gustavo Albaran, individually
and on behalf of all others similarly situated v. M.D. Science
Lab, LLC and Does 1-20, Inclusive, Case No. 1511913, was removed
from the Riverside County Court to the U.S. District Court for the
Central District of California (Eastern Division - Riverside). The
District Court Clerk assigned Case No. 5:15-cv-02316-VAP-KK to the
proceeding.
M.D. Science Lab, LLC offers sexual health products for increased
arousal, stamina, and desire for men and women.
The Plaintiff is represented by:
Ryan M. Ferrell, Esq.
Scott J. Ferrell, Esq.
NEWPORT TRIAL GROUP APC
4100 Newport Place Suite 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: rferrell@trialnewport.com
sferrell@trialnewport.com
The Defendant is represented by:
Todd Matthew Malynn, Esq.
880 West First Street Suite 315
FELDMAN GALE PA
Los Angeles, CA 90012
Telephone: (213) 625-5005
Facsimile: (213) 625-5993
E-mail: tmalynn@feldmangale.com
MEMPHIS, TEN: Police, Firefighter Unions Sue to Protect Pensions
----------------------------------------------------------------
Kontji Anthony, writing for VMC Action5 News, reported that a
group of Memphis city employees stood on the steps of Shelby
County Circuit Court to announce they filed a class action lawsuit
challenging changes the City Council made to their pension plan in
2014. It's a class action lawsuit that impacts thousands of
workers and your safety.
Five unions have joined the lawsuit, but it is not just about the
money. Employees said the public's safety is at risk.
"You cannot change the rules in the middle of the game," Unions
attorney Deborah Godwin said.
As one group of city employees sang and pledged to dedicate some
of their paychecks to the United Way, just a block way, other city
employees filed a lawsuit against the city, council and city
retirement system over pension cuts that are scheduled to take
effect July 1st.
Ordinance 5573 cuts retirement benefits of employees with less
than seven and a half years on the job. The unions call that
arbitrary.
The Memphis Police Association said the newest pension proposal is
one of the reasons why they're having trouble keeping enough
officers on the streets.
"These young men and women who came to the second most violent
city in America to be able to serve the citizens of this city
deserve what was offered to them when they got here," Mike
Williams, Memphis Police Association President, said.
The employees from five unions said the safety of the community
will be at risk, as police officers and fire fighters leave in
search of better benefits.
"This is something that's been taken away from them. We say it's
illegal. That's why we're filing and we'll have our day in court,"
Thomas Malone, Memphis Firefighters Union President, said.
They said the community is being put at risk, as officers and
other workers search for better benefits outside Memphis.
"That's all a part of the process. Similar lawsuits have been
filed in other cities. It does not come as a shock," Mayor A C
Wharton said.
Wharton could not comment on the merits of the lawsuit. Although
the mayor could not go into detail, the city has always maintained
the current pension model is unsustainable.
The unions named in the lawsuit include fire fighters, police,
electrical workers, engineers who build and maintain roads and
bridges, as well as machinists.
WMC Action News 5's Kontji Anthony will tell you how this impacts
taxpayers and have reaction from the city tonight at 6.
NIAGARA CREDIT: Accused of Wrongful Conduct Over Debt Collection
----------------------------------------------------------------
Piotr Gawel, on behalf ofhimself and all others similarly situated
v. Niagara Credit Solutions, Inc., Case No. 2:15-cv-07986 (D.N.J.,
November 9, 2015) seeks to stop the Defendant's unfair and
unconscionable means to collect a debt.
Niagara Credit Solutions, Inc. owns and operates a debt collection
agency located at 420 Lawrence Bell Dr., Williamsville, NY 14221.
The Plaintiff is represented by:
Lawrence C. Hersh, Esq.
17 Sylvan Street, Suite 102B
Rutherford, NJ 07070
Telephone: (201) 507-6300
E-mail: lh@hershlegal.com
NII HOLDINGS: Securities Suit Granted Class Certification
---------------------------------------------------------
Judge Leonie M. Brinkema of the United States District Court for
the Eastern District of Virginia, Alexandria Division, granted the
Motion for Class Certification and Appointment of Class
Representatives and Class Counsel filed by the lead plaintiffs in
the case captioned IN RE NII HOLDINGS, INC. SECURITIES LITIGATION,
NO. 1:14-CV-227(LMB/JFA) (E.D. Va.).
The lead plaintiffs, all of which are large pension funds, sought
to certify a nationwide class composed of "[a]ll persons and
entities that, during the period from February 25, 2010 through
February 27, 2014, inclusive, purchased or otherwise acquired the
publicly traded securities of NII Holdings, Inc. and/or NII
Capital Corp. and who were damaged thereby." They also requested
that this class include all persons and entities that transacted
in NII common stock and three different NII bonds, a 10% Note, an
8.875% Note, and a 7.625% Note. The lead plaintiffs also sought
their appointment as class representatives, and the appointment of
Labaton Sucharow LLP and Kessler Topaz Meltzer & Check, LLP as co-
class counsel and Susan R. Podolsky as class liaison counsel.
Judge Brinkema held that the lead plaintiffs have demonstrated
that they satisfy the requirements of Fed. R. Civ. P. 23(a) and
(b) by a preponderance of the evidence. The judge found that the
plaintiffs have satisfied the prerequisites of Rule 23(a) on
numerosity, commonality, typicality, and adequacy of
representation by the lead plaintiff, co-class counsel, and class
liaison counsel. Judge Brinkema also found that the lead
plaintiffs have satisfied the requirements of "opt-out class"
certification under Rule 23(b)(3) on predominance and superiority.
A full-text copy of Judge Brinkema's November 17, 2015 memorandum
opinion is available at http://is.gd/i0ohhefrom Leagle.com.
Iron Workers District Council of New England Pension Fund, State-
Boston Retirement System, Industriens Pensionsforsikring A/S,
Danica Pension, Livsforsikringsaktieselskab, The Local 58/NECA
Funds, The Pension Trust Fund for Operating Engineers Pension
Plan, and Jacksonville Police and Fire Pension Fund are
represented by:
Elizabeth Anne Aniskevich, Esq.
Steven Jeffrey Toll, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave NW Suite 500
Washington, DC 20005
Tel: (202) 408-4600
Fax: (202) 408-4699
Email: eaniskevich@cohenmilstein.com
stoll@cohenmilstein.com
-- and --
Susan Rebbeca Podolsky, Esq.
THE LAW OFFICE OF SUSAN R PODOLSKY
1800 Diagonal Road
Alexandria, VA 22314
Tel: (571) 366-1702
Fax: (703) 647-6009
NII Capital Corp. is represented by:
Edwin Louis Fountain, Esq.
Tara Lynn Renee Zurawski, Esq.
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001-2113
Tel: (202) 879-3939
Fax: (202) 626-1700
Email: tzurawski@jonesday.com
Steven M. Shindler, Steven P. Dussek and Gokul Hemmady are
represented by:
Michael Dana Warden, Esq.
SIDLEY AUSTIN BROWN & WOOD LLP
1501 K Street, N.W.
Washington, DC 20005
Tel: (202) 736-8000
Fax: (202) 736-8711
Email: mwarden@sidley.com
DeKalb County Employees Retirement Plan, Sheet Metal Workers'
National Pension Fund and Wayne County Employees' Retirement
System are represented by:
Craig Crandall Reilly, Esq.
LAW OFFICE OF CRAIG C. REILLY
111 Oronoco Street
Alexandria, VA 22314
Tel: (703) 549-5354
Fax: (703) 549-2604
Email: craig.reilly@ccreillylaw.com
TOBAM, SAS is represented by:
Craig Crandall Reilly, Esq.
LAW OFFICE OF CRAIG C. REILLY
111 Oronoco Street
Alexandria, VA 22314
Tel: (703) 549-5354
Fax: (703) 549-2604
Email: craig.reilly@ccreillylaw.com
-- and --
Susan Rebbeca Podolsky, Esq.
THE LAW OFFICE OF SUSAN R PODOLSKY
THE LAW OFFICE OF SUSAN R PODOLSKY
1800 Diagonal Road
Alexandria, VA 22314
Tel: (571) 366-1702
Fax: (703) 647-6009
NOVANT HEALTH: To Pay $32-Mil. to Settle Retirement Plan Suit
-------------------------------------------------------------
Richard Craver, writing for Winston-Salem Journal, reported that
Novant Health Inc. has agreed to pay $32 million to settle a
class-action lawsuit involving its defined-compensation retirement
plan.
The lawsuit was filed March 12, 2014, in U.S. District Court in
Greensboro by six current and former employees, including Karolyn
Kruger, a retired doctor who served as chief of staff at
Thomasville Medical Center.
Novant's administrative and retirement plan committees -- both in
their committee roles and as individuals -- are listed as co-
defendants.
The preliminary settlement was reached.
The complaint accuses Novant of breaching its fiduciary duties by
causing plan participants to pay millions of dollars in fees for
excessive record-keeping and administrative services to third-
party service providers Great West Life & Annuity Insurance Co.
and D.L. Davis & Co. of Winston-Salem.
According to the plaintiffs' law firm of Schlichter, Bogard &
Denton, there are about 25,000 affected Novant employees who had
automatically been enrolled in the retirement plan since 2009. The
lawsuit covered the period Oct. 1, 1998, to Sept. 30, 2015.
The plan's assets more than doubled from $612 million in 2008 to
$1.42 billion as of March 2014, the latest total available.
The preliminary settlement requires the approval of federal Judge
William Osteen Jr. and a fairness hearing.
About one-third of the $32 million, or $10.67 million, would go to
attorney fees. Each of the six named plaintiffs would receive
$25,000.
Novant filed for dismissal in May 2014, saying that the plaintiffs
had failed to state a claim for excessive investment fees and
excessive record-keeping fees. "Novant offers a 'sufficient mix'
of 23 different investment options which spanned the risk/return
spectrum," Novant said at the time.
Novant said in statement of nonopposition that it "disagrees with
the claims asserted against it in this action."
"But at the same time, it agrees with plaintiffs that a fair and
reasonable compromise, which provides Novant employees, former
employees and retirees' immediate benefits and protections, is in
the best interest of both sides and is preferable to the prospect
of years of costly litigation and its attendant uncertainty."
In a separate statement issued, Novant said the settlement
"ultimately allows us to put additional money toward eligible
employees' retirement accounts, rather than spending it on a long
and costly legal battle."
The actual recovery for each member of the class-action lawsuit
depends on the number eligible for an award and the individuals'
average quarterly account balances during the class period.
According to the settlement, most members of the class-action
lawsuit will receive their distributions directly into their tax-
deferred retirement account. Those who have already left the plans
will be given the option to receive their distributions in the
form of a check made out to them or as a rollover into another
tax-deferred account.
There also is agreement on future "certain non-monetary terms and
affirmative relief" that includes hiring a plan record keeper and
investment adviser selected by Novant and approved by an
independent consultant.
Plaintiffs argued that the plan has different versions of the same
investment vehicle available with less expensive fees.
Osteen wrote in September that "plaintiffs have stated enough of a
claim for breach of fiduciary duty to survive defendants' motion."
He issued an order in which he upheld three plaintiff disloyalty
and imprudence claims as to:
Excessive investment options;
Excessive payment to Great West, an administrative and record-
keeping service provider; and
Excessive payments to D.L. Davis, a brokerage company that the
plaintiffs claim provided the plan with limited marketing and
enrollment services.
The complaint said that Great West received excessive compensation
of $8.6 million between 2009 and 2012.
The complaint states that D.L. Davis received a second source of
revenue in the form of "kickbacks" from the managers of the plan
investment options. The complaint claims that D.L. Davis provided
the plan with limited marketing and enrollment services, but was
paid excessive fees up to $9.6 million from 2009 to 2012 in the
form of "commissions."
Novant said D.L. Davis "provided extensive services that go well
beyond mere limited and enrollment services." Among the services
that Novant cited are plan-design implementation, mutual-fund
selection and fees, selection of the record keeper, and
communication and educational efforts with employees. Novant
denied allegation of kickbacks.
Osteen wrote in September that "at this stage in the proceedings,
it is impossible to deduce whether or not Davis' compensation was
reasonable without further discovery into facts about Davis,
including what exactly Davis did, how exactly Davis was paid, and
whether defendants evaluated Davis' compensation prudently."
PDR NETWORK: Has Sent Unsolicited Facsimile, Carlton Suit Claims
----------------------------------------------------------------
Carlton & Harris Chiropractic, Inc., individually and as a
representative of a class of similarly situated v. PDR Network,
LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10,
Case No. 3:15-cv-14887 (S.D.W.V., November 10, 2015) seeks to stop
the Defendants' practice of sending unsolicited facsimiles.
PDR Network, LLC delivers brand-specific prescribing, safety,
regulatory, and brand-support information to the healthcare
industry.
The Plaintiff is represented by:
Stuart Calwell, Esq.
D. Christopher Hedges, Esq.
David H. Carriger, Esq.
THE CALWELL PRACTICE, LC
500 Randolph Street
Charleston, WV 25302
Telephone: (304) 304-4323
Facsimile: (304) 344-3684
E-mail: scalwell@calwelllaw.com
dcarriger@calwelllaw.com
chedges@calwelllaw.com
- and -
Brian J. Wanca, Esq.
Ryan M. Kelly, Esq.
ANDERSON + WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
Facsimile: (847) 368-1501
E-mail: bwanca@andersonwanca.com
rkelly@andersonwanca.com
PREMIERE GLOBAL: Faces Noble "Suit" Over Proposed Sale to Siris
---------------------------------------------------------------
John Noble, individually and on behalf of all others similarly
situated v. Boland T. Jones, John Cassidy, K. Robert Draughon,
John Harris, W. Steven Jones, Raymond Pirtle, J. Smith, and
Premiere Global Services, Inc., Case No. 1:15-cv-03923-AT (N.D.
Ga., November 10, 2015) is brought on behalf of all the holders of
the common stock of Premiere Global Services, Inc., to enjoin the
proposed sale of the Company to Siris Capital Group through a
flawed process and inadequate consideration.
Premiere Global Services, Inc. is a provider of collaboration
software and services, with its principal place of business
located at 3280 Peachtree Road, NE, Suite 1000, Atlanta, Georgia
30305.
The Plaintiff is represented by:
David A. Bain, Esq.
LAW OFFICES OF DAVID A. BAIN, LLC
1050 Promenade II
1230 Peachtree St., NE
Atlanta, GA 30309
Telephone: (404) 724-9990
Facsimile: (404) 724-9986
E-mail: dbain@bain-law.com
- and -
Shane T. Rowley
LEVI & KORSINSKY, LLP
30 Broad Street, 24th Floor
New York, NY 10004
Telephone: (212) 363-7500
E-mail: srowley@zlk.com
PROGRESS INC: Faces "Franco" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Francisco Franco, individually and on behalf of all others
similarly situated v. Progress, Inc., Case No. 3:15-cv-01207 (M.D.
Tenn., November 10, 2015) is brought against the Defendant for
failure to pay overtime wages in violation of the Fair Labor
Standard Act.
Progress, Inc. operates a third party home care companion service
in Tennessee.
The Plaintiff is represented by:
W. Gary Blackburn, Esq.
Bryant Kroll, Esq.
THE BLACKBURN FIRM
213 Fifth Avenue North, Suite 300
Nashville, TN 37219
Telephone: (615) 254-7770
Facsimile: (866) 895-7272
E-mail: gblackburn@wgaryblackburn.com
broll@wgaryblackburn.com
RKJ AND SONS: Fails to Pay Employees Overtime, "Walker" Suit Says
-----------------------------------------------------------------
Juanita Walker and Tina Mcknight on behalf of themselves and
others similarly situated v. RKJ and Sons, LLC d/b/a Subway and
Robert Jones, Case No. 4:15-cv-00183-CDL (M.D. Ga., November 10,
2015) is brought against the Defendants for failure to pay
overtime wages for all hours worked in excess of 40 per week.
The Defendants operate a Subway sandwich store in Phoenix City,
Alabama, located at 2C West Ridge Drive, Phoenix City, Alabama
36870.
The Plaintiff is represented by:
John L. Mays, Esq.
MAYS & KERR LLC
235 Peachtree Street NE
North Tower | Suite 202
Atlanta, GA 30303
Telephone: (404) 410-7998
Facsimile: (404) 855-4066
E-mail: john@maysandkerr.com
SHADOW MANAGEMENT: "Padgett" Suit Seeks to Recover Unpaid Wages
---------------------------------------------------------------
Eden Ann Padgett, individually and on behalf of all other
similarly situated individuals v. Shadow Management Company, Inc.,
Splash, Inc., KWE Group, LLC, Gregory Kenwood Gaines and David A.
Henson, Case No. 3:15-cv-04561-JFA (D.S.C., November 10, 2015)
seeks to recover unpaid minimum wages and unpaid overtime wages,
for liquidated damages, and for other relief under the Fair Labor
Standards Act.
The Defendants own and operate an adult entertainment business and
bar within Richland County, South Carolina.
The Plaintiff is represented by:
David E. Rothstein, Esq.
Michael G. Corley, Esq.
ROTHSTEIN LAW FIRM, PA
1312 Augusta Street
Greenville, South Carolina 29605
Telephone: (864) 232-5870
Facsimile: (864) 241-1386
E-mail: drothstein@rothsteinlawfirm.com
mcorley@rothsteinlawfirm.com
SINO-FOREST CORP: Court Approves $32.5MM Settlement in Class Suit
-----------------------------------------------------------------
The Chronicle Journal reported that the Ontario Superior Court of
Justice has approved a $32.5-million settlement in a class-action
lawsuit filed by investors who lost money when Sino-Forest Corp.
collapsed in 2012 amid allegations of fraud.
Several Canadian banks and other financial institutions that
helped the Chinese forestry company raise millions on the
financial markets agreed to the settlement back in January.
The agreement does not include any admission of wrongdoing.
The case alleged that directors, officers, auditors and
underwriters at Sino-Forest used misleading accounting tactics to
defraud investors.
The allegations have not been proven in court.
The settlement includes Credit Suisse Securities (Canada) Inc., TD
Securities Inc. (TSX:TD), Dundee Securities Corp., RBC Dominion
Securities Inc. (TSX:RY), Scotia Capital Inc. (TSX:BNS), CIBC
World Markets Inc. (TSX:CM), Merrill Lynch Canada Inc., Canaccord
Financial Ltd. (TSX:CF) and Maison Placements Canada Inc.
SODEXO INC: Does Not Properly Pay Employees, "Wesson" Suit Says
---------------------------------------------------------------
Annette Wesson, on behalf of herself and those similarly situated
v. Sodexo, Inc., Case No. 1:15-cv-03922-CAP (N.D. Ga., November
10, 2015) is brought against the Defendant for failure to pay
complete minimum wages and overtime for every hour worked,
pursuant to Fair Labor Standard Act.
Sodexo, Inc. operates a support service business located in
Buffalo, New York.
The Plaintiff is represented by:
Justin D. Miller, Esq.
MORGAN & MORGAN, P.A.
PO Box 57007
Atlanta, GA 30343-1007
Telephone: (404) 965-8811
Facsimile: (404) 965-8812
E-mail: JDMiller@forthepeople.com
STARZ: Lieff Cabraser Files Securities Class Suit
-------------------------------------------------
The law firm of Lieff Cabraser Heimann & Bernstein, LLP announces
that class action litigation has been brought on behalf of
investors who purchased or otherwise acquired the securities of
Starz (or the "Company") (Nasdaq:STRZA and STRZB) between August
1, 2014 and October 29, 2015, inclusive (the "Class Period").
If you purchased or otherwise acquired the securities of Starz
during the Class Period, you may move the Court for appointment as
lead plaintiff by no later than January 8, 2016. A lead plaintiff
is a representative party who acts on behalf of other class
members in directing the litigation. Your share of any recovery in
the action will not be affected by your decision of whether to
seek appointment as lead plaintiff. You may retain Lieff Cabraser,
or other attorneys, as your counsel in the action.
Starz investors who wish to learn more about the action and how to
seek appointment as lead plaintiff should contact Sharon M. Lee of
Lieff Cabraser toll-free at 1-800-541-7358.
Background on the Starz Securities Class Litigation
Starz operates as a media and entertainment company. According to
the lawsuit, throughout the Class Period defendants issued
materially false and misleading statements to investors and/or
failed to disclose that: (1) Starz lacked adequate internal
controls; (2) according to a former Starz senior executive,
Starz's contract with Comcast Corporation was a result of illicit
business practices.
On October 29, 2015, online magazine Deadline Hollywood revealed
that Starz's former Senior Vice President of Sales and Affiliate
Marketing Keno Thomas filed a lawsuit (the "Thomas Action")
against Starz and its Chief Executive Officer Christopher
Albrecht, and Chief Revenue Officer Michael Thornton, among
others. The Thomas Action alleges that: (1) the contract between
Comcast Corporation and the Company, entered into on or about
April 2014, was the result of illicit business practices; (2)
Thomas was ordered by the Company's senior management to fabricate
revenue and subscriber information so that Thornton and Albrecht
could present those falsified figures to the Company's Board of
Directors; and (3) the Company retaliated against Thomas for
refusing to fabricate revenue and subscriber information.
On this news, shares of STRZA fell $3.69 per share, or nearly 10%,
from a closing price of $37.20 on October 29, 2015, to close at
$33.51 per share on October 30, 2015, and shares of STRZB fell
$4.98 per share, or 13.2%, from a closing price of $37.71 on
October 29, 2015, to close at $32.73 per share on October 30,
2015.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP, with offices in San
Francisco, New York, and Nashville, is a nationally recognized law
firm committed to advancing the rights of investors and promoting
corporate responsibility.
The National Law Journal has recognized Lieff Cabraser as one of
the nation's top plaintiffs' law firms for twelve years. In
compiling the list, the National Law Journal examines recent
verdicts and settlements and looked for firms "representing the
best qualities of the plaintiffs' bar and that demonstrated
unusual dedication and creativity." Best Lawyers and U.S. News
have named Lieff Cabraser as a "Law Firm of the Year" for each
year the publications have given this award to law firms,
including in 2015.
For more information about Lieff Cabraser and the firm's
representation of investors, please visit
http://www.lieffcabraser.com.
Source/Contact for Media Inquiries Only:
Lieff Cabraser Heimann & Bernstein, LLP
Sharon M. Lee, 1-800-541-7358
TAURUS: Alabama Man Claims Safety Defect Killed Son
---------------------------------------------------
Kent Faulk, writing for AL.com, reported that an Alabama man says
in a lawsuit that he didn't have his finger on the trigger of a
Taurus semi-automatic pistol when it fired, killing his 11-year-
old son and wounding his wife earlier this year. He says he was
simply inserting a magazine into the gun when it went off.
The lawsuit is among a growing number of cases filed against the
Brazillian-based company claiming that some of its pistols have
defective safety systems that cause them to fire when dropped or
jarred.
The company has already agreed to a voluntary recall of nine
models -- nearly 1 million pistols -- in a settlement of a class-
action lawsuit. The company has previously stopped production of
the nine models that are the subject of the class-action, but a
plaintiff's lawyer says the company continued to sell what was
left in its stock.
Donald Dewayne Simms, Sr., a resident of Cherokee County, filed
the lawsuit related to the Feb. 15 death of his son, Donald
Dewayne Simms, Jr.
The lawsuit was filed Oct. 30 in Florida state court in Miami-Dade
County. The lawsuit names as defendants Brazil firearms
manufacturer Forjas Taurus, S.A., and its two U.S. based
companies, Taurus International Manufacturing Inc. and Taurus
Holdings Inc.
A Taurus spokesman declined comment for the story.
Despite the voluntary recall, including the model that's the
subject of the Simms lawsuit, Taurus denied in a statement issued
to AL.com in September that there are any design defects in the
guns.
Todd Wheeles, an attorney for Simms, called the boy's death a
tragedy. He said the gun that killed the boy had been bought after
the company had been made aware of the defects in the class-action
lawsuit. Taurus had stopped manufacturing the models with the
defects he said.
But if the company had recalled the guns and stopped selling its
inventory, Wheeles said, then "DJ Simms would still be alive."
According to the lawsuit:
Simms' wife had bought a new Taurus PT 609, Compact 9mm striker
fired semi-automatic firearm on July 10, 2014.
On Feb. 15 at about 9 p.m., Simms, his wife, and their son were at
his mother-in-law's house in Cherokee County. Simms had just
finished the application of a "Gun Skinz" kit that outlines the
grip of the gun in pink camouflage when he inserted a loaded
magazine into the pistol.
The magazine did not properly seat into the pistol, so Simms
bumped the bottom of the magazine with his right hand. As he was
doing this, he walked over into the living room and stood under
the light of the ceiling fan. His wife and son were on a couch
watching television.
"The slide of the handgun closed when plaintiff (Simms) bumped the
bottom of the magazine with is right hand. Plaintiff held the
handgun with the barrel against the lower palm of his left hand,"
the lawsuit states. "The magazine still wasn't seated properly, so
plaintiff (Simms) bumped the bottom of the magazine with his right
hand again. At this time, the firearm discharged. At no time did
plaintiff pull the trigger."
When the gun fired a 9mm round went through the palm and lower
ball of his left hand, stuck his son in the neck and stuck his
wife's arm that was around her son's body.
"Plaintiff's (Simms') finger was NOT on the trigger. The firearm
discharged when it was bumped on the bottom of the magazine," the
lawsuit states.
The lawsuit states that weeks after their son was buried, Simms
learned that for more than 18 months a class action lawsuit had
been pending against Taurus, which "had refused to remove striker-
fired handguns, like Plaintiff's PT-609, from the market."
The lawsuit calims Taurus "designed, tested, developed,
manufactured, marketed, advertised, distributed and sold the
subject pistol in a defective condition that is unreasonably
dangerous to the user."
Taurus designed and manufactured the gun, the lawsuit states, with
a defective firing pin safety block, manual safety latch, firing
pin decocker, trigger lock mechanism, and decocker safety. The
company, and safety devices and systems for the pistol.
Design flaws allowed the gun to discharge without pulling the
trigger and even when the safety latch is in the "ON" position,
the lawsuit states.
The lawsuit was filed by James L. Kauffman, of Washington D.C.,
and David L. Selby II, of Birmingham, with the law firm of Bailey
& Glasser, LLP and M. Todd Wheeles and Matthew G. Garmon with the
Hoover firm of Morris, Haynes, Wheeles Knowles & Nelson.
Recall claims process
The two law firms also are involved in the class action lawsuit in
which Taurus has agreed to voluntarily recall nearly 1 million
pistols as part of the settlement of that legal action.
A website was set up in October for owners of nine Taurus handgun
models to return their guns for cash payments, repair, new
warranty, or exchange it for a new upgraded "G2" model of the
handgun they have. The website includes information about the
recall, how the gun owners can apply and safety videos.
The recall will not be effective, and gun owners can't mail their
pistols back, until a judge gives final approval to the settlement
which includes a $30 million cap on the $200 cash back payments.
Wheeles said that since Taurus doesn't have a fix for the gun, the
company agreed that it will have to offer new gun models in
exchange or the $200 cash back.
If a gun owner wants to get a new gun, however, that won't be
included in the monetary cap, Wheeles said. So the potential cost
to Taurus, including attorneys' fees, could reach more than $50
million.
The website and recall process is being handled by Heffler Claims
Group, a Philadelphia company.
The website is up to give people information about the settlement,
Wheeles said. "Once the court approves the class action settlement
then people can actually file the claim," he said.
Wheeles said the settlement protects all owners of the nine pistol
models, whether they are the original owners or not.
Notices about the settlement also have been published in various
magazines and publications, Wheeles said.
The nine models being recalled under the settlement are: PT-111
Millennium; PT-132 Millennium; PT-138 Millennium; PT-140
Millennium; PT-145 Millennium; PT-745 Millennium; PT- 609; PT-640;
and PT-24/7 pistols (including the "PRO" series of each of these
models), you may be entitled to the settlement benefits. The
settlement does not include Taurus G2 model pistols.
The lead plaintiff in the class-action lawsuit is Chris Carter, a
sheriff's deputy in Scott County Iowa who had a PT140 Millennium
PRO pistol. He alleged that on July 29, 2013 while serving on a
narcotics detail he pursued a fleeing suspect. As he ran, his
pistol fell from his holster, hitting the ground and discharging a
bullet that struck a nearby unoccupied vehicle.
Wheeles, who had handled more than a half-dozen lawsuits about the
alleged Taurus defects, hired an engineer to conduct drop tests on
the pistols. The tests show the trigger going back when dropped.
Wheeles said he and the other law firms have five more injury
cases they plan to file against Taurus.
Wheeles said the lawsuits are not intended to be "anti-firearms"
cases, but simply defective product lawsuits.
TCP INTERNATIONAL: Sued in N.Y. Over Misleading Financial Reports
-----------------------------------------------------------------
Adela Bai, individually and on behalf of all others similarly
situated v. TCP International Holdings Ltd., Karel Robert Den
Daas, Ellis Yan, and Brian Catlett, Case No. 1:15-cv-08889-GHW
(S.D.N.Y., November 11, 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.
TCP International Holdings Ltd. designs, develops, manufactures,
and markets lamps, fixtures, and Internet-based lighting control
solutions to the retail, commercial, and industrial customers
worldwide.
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Marc C. Gorrie, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
mgorrie@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
- and -
Michael Goldberg, Esq.
Brian Schall, Esq.
GOLDBERG LAW PC
13650 Marina Pointe Dr. Ste. 1404
Marina Del Rey, CA 90292
Telephone: (800) 977-7401
Facsimile: (800) 536-0065
E-mail: michael@goldberglawpc.com
brian@goldberglawpc.com
TOSHIBA CORP: Investors Prepare Class Aaction
---------------------------------------------
The Japan News reported that about 70 individuals in Japan who
hold shares in Toshiba Corp. are poised to institute class action
lawsuits by mid-December, demanding a total of about JPY400
million in compensation for their stock losses following the
revelation of Toshiba's accounting irregularities, The Yomiuri
Shimbun has learned.
This is the first revelation that Toshiba shareholders in Japan
are resorting to legal action over Toshiba's bookkeeping cover-up
of losses.
The plaintiffs in the planned lawsuits consist of two groups:
about 50 who will file a suit with the Tokyo District Court around
Dec. 10, and 20 others who will file with the Osaka District Court
around Dec. 15. The Toshiba shareholders in both groups range from
their 40s to their 80s in age, and live in Tokyo, Osaka and
elsewhere, according to their lawyers.
The lawyers said the amount of compensation was calculated in
keeping with the Financial Instruments and Exchange Law, and based
on the dips in Toshiba's stock price after the firm's accounting
irregularities were bought to light in April.
Toshiba's stock price stood at about JPY510 on April 2, the day
before the disclosure of the company's profit-inflating accounting
practices. It fell to about JPY310 as of Nov. 12, a nearly 40
percent shrinkage.
The lawyers have held explanatory sessions for Toshiba
shareholders across the country about the feasibility of filing
class action lawsuits against the electronics and machinery giant,
they said.
A second round of class action suits will be filed by March next
year, and the number of plaintiffs taking part will eventually
reach an estimated 1,000 by March 2017, they said.
"There's no doubt that [Toshiba] caused its shareholders to suffer
losses because of fraudulent descriptions [in the company's
financial settlements]," said Yasuro Yoshida, chief of the legal
team's secretariat. "We'll do our utmost for the relief of the
shareholders."
In response to Yomiuri inquiries about the matter, Toshiba said
the company cannot make any comment, as the lawsuits have not been
instituted yet.
Toshiba's padding of profits through accounting irregularities
amounted to JPY224.8 billion, before taxes, over a period of about
seven years.
The company's management filed a damage suit with the Tokyo
District Court, demanding that five former executives, including
former Toshiba presidents, pay a total of JPY300 million in
compensation for losses they allegedly caused to the company.
Some analysts, however, have criticized the firm's action as
"lenient" toward the former Toshiba executives.
UNIVERSAL HOME: Faces "Thomas" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Adeshola Thomas, on behalf of herself and all others similarly
situated v. Universal Home Care, Inc. and Does 1 to 100,
inclusive, Case No. BC600623 (Cal. Super. Ct., November 9, 2015)
is brought against the Defendants for failure to pay overtime
wages in violation of the California Labor Code.
Universal Home Care, Inc. operates a home health care service
company located at 151 N San Vicente Blvd Suite #200, Beverly
Hills, CA 90211.
The Plaintiff is represented by:
Kevin T. Barnes, Esq.
Gregg Lander, Esq.
LAW OFFICES OF KEVIN T. BARNES
5670 Wilshire Boulevard, Suite 1460
Los Angeles, CA 90036-5664
Telephone: (323) 549-9100
Facsimile: (323) 549-0101
E-mail: Barnes@kbarnes.com
- and -
Raphael A. Katri, Esq.
LAW OFFICES OF RAPHAEL A. KATRI
8549 Wilshire Boulevard, Suite 200
Beverly Hills, CA 90211-3104
Telephone: (310) 940-2034
Facsimile: (310) 733-5644
E-mail: RKatri@socallaborlawyers.com
VALEANT PHARMA: Loses Bid to Escape Suit Over Allergan Offer
------------------------------------------------------------
Margaret Cronin Fisk and Cynthia Koons, writing for Bloomberg
News, reported that Valeant Pharmaceuticals International Inc. and
activist investor Bill Ackman must face a shareholder lawsuit over
alleged insider trading involving a failed offer for Allergan Inc.
Since losing out on the Allergan deal, Valeant has run into other
troubles. The company terminated its relationship with closely
associated mail-order pharmacy Philidor Rx Services after short-
seller Citron Research raised questions about it and Bloomberg
News reported Philidor altered doctors' prescriptions to wring
more reimbursements out of U.S. health insurers.
Ackman has been backing Valeant amid the saga, saying the
drugmaker has been "largely a victim of fear and panic" and that
the shares have an upside. Ackman's Pershing Square Capital
Management is the third-biggest shareholder of Valeant, which has
fallen 70 percent since Aug. 5.
In the lawsuit led by the State Teachers Retirement System of Ohio
and Iowa Public Employees Retirement System, the plaintiffs claim
Ackman and Valeant engaged in a "scheme that deprived a class of
Allergan shareholders of billions of dollars of value in violation
of the federal securities laws."
10 Percent Stake
Ackman "agreed to secretly acquire nearly 10 percent of Allergan's
stock and commit those shares to support Valeant's bid," the
shareholders said in court papers in June. The acquisition of that
stake came as an "exchange for inside information" on Valeant's
hostile takeover and tender offer for Allergan, they said.
The lawsuit, filed as a proposed class action, said Ackman "walked
away with over $2.2 billion in pure profit." The Allergan
investors say they're owed for the losses avoided by the
defendants, as well as any profit resulting from insider trading,
according to the complaint.
Allergan rejected each offer Valeant made and agreed instead to
sell itself to Actavis Plc. Allergan also accused Ackman and
Valeant of insider trading in a separate lawsuit. That suit was
dropped in April, according to court filings.
Judge's Ruling
U.S. District Judge David Carter in Santa Ana, California, on
rejected Valeant and Ackman's bid to dismiss the investor suit.
Allergan shareholders in the case had adequately alleged claims
against Valeant and Ackman, Carter said.
"We acted at all times in consultation with our legal counsel and
remain convinced that our actions complied with the securities
laws," Laurie Little, a spokeswoman for Laval Quebec-based
Valeant, said in an e-mailed statement. "While we are disappointed
the Court allowed the claims to continue following this
preliminary motion, we look forward to presenting evidence to
establish that we did nothing improper."
Blair Nicholas, a lawyer for the plaintiffs, and Pershing Square
spokesman John Pinette declined to comment on the ruling.
The lawsuit was brought as a class action on behalf of investors
who sold Allergan shares from Feb. 25, 2014, to April 21, 2014.
"After the close of trading on April 21, 2014, Valeant disclosed
its intention to acquire Allergan, along with Pershing's 9.7
percent position in the company," the shareholders said in an
amended complaint in June. "Upon this disclosure, Allergan's stock
price increased by approximately $20 per share in one day, jumping
22 percent from its 'unaffected' price," the investors said.
Valeant has been one of the drug industry's most prolific
acquirers, buying companies, folding in their products, and
cutting costs. It has 30 deals pending or completed since 2013,
worth more than $25 billion. The company's management team has
more recently signaled that strategy could take a back seat while
the company focuses on paying off debt.
VIZIO HOLDINGS: Faces "Watts" Suit in Cal. Over Security Breach
---------------------------------------------------------------
David Watts and Whitney Keeter, on behalf of themselves, and a
class of similarly situated persons v. Vizio Holdings, Inc., et
al., Case No. 8:15-cv-01860-JLS-KES (C.D. Cal., November 11, 2015)
is brought against the Defendants for failure to take the steps
necessary to ensure that the private, identifiable information of
their individual customers was not disclosed to third parties.
Vizio Holdings, Inc. is a marketer of electronics including Smart
TVs, or Internet-connectable televisions.
The Plaintiff is represented by:
C. Brooks Cutter, Esq.
John R. Parker Jr., Esq.
CUTTER LAW P.C.
401 Watt Avenue
Sacramento, CA 95864
Telephone: (916) 290-9400
Facsimile: (916) 588-9330
E-mail: bcutter@cutterlaw.com
jparker@cutterlaw.com
VOLKSWAGEN GROUP: Faces "Adams" Suit in Cal. Over Defeat Devices
-----------------------------------------------------------------
Neal Adams and Sakura Raftery, individually and on behalf of all
others similarly situated v. Volkswagen Group of America, Inc.,
Case No. 3:15-cv-05174 (N.D. Cal., November 11, 2015) arises out
of the Defendant's alleged installation of defeat devices in
approximately 482,000 diesel Volkswagen and Audi vehicles
manufactured and sold and leased in the United States since 2009,
to switch engines to a cleaner mode during official emissions
testing.
Volkswagen Group of America, Inc. is engaged in the business of
designing, manufacturing, marketing, distributing, and selling
automobiles and other motor vehicles and motor vehicle components
throughout the United States of America.
The Plaintiff is represented by:
Robert W. Thompson, Esq.
Casey A. Gee, Esq.
THOMPSON LAW OFFICES, P.C.
700 Airport Boulevard, Suite 160
Burlingame, CA 94010
Telephone: (650) 513-6111
Facsimile: (650) 513-6071
E-mail: rwthompson@thompsonlawoffice.com
VOLKSWAGEN GROUP: Faces "Brownlow" Suit Over Defeat Devices
-----------------------------------------------------------
Judy Brownlow, individually and on behalf of others similarly
situated v. Volkswagen Group of America, Inc., Case No. 2:15-cv-
13963-BAF-DRG (E.D. Mich., November 11, 2015) arises out of the
Defendant's alleged installation of approximately defeat devices
in 482,000 diesel Volkswagen and Audi vehicles manufactured and
sold and leased in the United States since 2009, to switch engines
to a cleaner mode during official emissions testing.
Volkswagen Group of America, Inc. is engaged in the business of
designing, manufacturing, marketing, distributing, and selling
automobiles and other motor vehicles and motor vehicle components
throughout the United States of America.
The Plaintiff is represented by:
Sheldon L. Miller, Esq.
LAW OFFICE OF SHELDON L. MILLER, P.C.
31731 Northwestern Hwy., Ste. 280W
Farmington Hills, MI 48334
Telephone: (248) 538-3400
Facsimile: (248) 538-5280
E-mail: ccole@sheldonmiller.com
- and -
Russ M. Herman, Esq.
Maury A. Herman, Esq.
Leonard A. Davis, Esq.
HERMAN HERMAN & KATZ, INC.
820 O'Keefe Avenue
New Orleans, LA 70113
Telephone: (504) 581-4892
- and -
Michelle A. Parfitt, Esq.
James F. Green, Esq.
Craig Brown, Esq.
Sidney Schupak, Esq.
Stephen Gensemer, Esq.
Michael Lind, Esq.
ASHCRAFT & GEREL, LLP
4900 Seminary Road, Suite 650
Alexandria, VA 22311
Telephone: (703) 931-5500
- and -
Andrea S. Hirsch, Esq.
HERMAN GEREL, LLP
230 Peachtree Street, Suite 2260
Atlanta, GA 30303
Telephone: (404) 880-9500
E-mail: ahirsch@hermangerel.com
- and -
Arnold Levin, Esq.
Frederick S. Longer, Esq.
Daniel C. Levin, Esq.
LEVIN FISHBEIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: alevin@lfsblaw.com
dlevin@lfsblaw.com
- and -
Stuart M. Eppsteiner, Esq.
EPPSTEINER & FIORICA ATTY LLP
12555 Highbluff Dr., Suite 155
San Diego, CA 92130
Telephone: (858) 350-1500
VOLKSWAGEN GROUP: Faces "Esneault" Suit Over Defeat Devices
-----------------------------------------------------------
Rene Esneault, for himself and all similarly situated people, by
the undersigned counsel v. Volkswagen Group of America, Inc., et
al., Case No. 2:15-cv-05801-KDE-SS (E.D. Lo., November 10, 2015)
arises out of the Defendant's alleged installation of defeat
devices in approximately 482,000 diesel Volkswagen and Audi
vehicles manufactured and sold and leased in the United States
since 2009, to switch engines to a cleaner mode during official
emissions testing.
Volkswagen Group of America, Inc. is engaged in the business of
designing, manufacturing, marketing, distributing, and selling
automobiles and other motor vehicles and motor vehicle components
throughout the United States of America.
The Plaintiff is represented by:
D. Blayne Honeycutt, Esq.
FAYARD & HONEYCUTT
519 Florida Ave SW
Denham Springs, LA 70726
Telephone: (225) 664-0304
Facsimile: (225) 664-2010
E-mail: dbhoneycutt@fayardlaw.com
- and -
Heidi Mabile Gould, Esq.
Attorney at Law
146 W. Livingston Place
Metairie, LO 70005
Telephone: (985) 413-8829
Facsimile: (504) 835-7458
E-mail: heidigould@me.com
WILMINGTON TRUST: Faces "Halldorson" Suit Over ERISA Violation
--------------------------------------------------------------
Andrew Halldorson, on behalf of the Constellis Employee Stock
Ownership Plan, and on behalf of a class of all other persons
similarly situated v. Wilmington Trust Retirement and
Institutional Services Company, Case No. 1:15-cv-01494-LMB-IDD
(E.D. Va., November 10, 2015) alleges that the Defendants had
engaged in a prohibited transaction under Employee Retirement
Income Security Act, specifically by permitting the Employee Stock
Ownership Plan ("ESOP") to purchase Constellis Group, Inc.'s
stock.
Wilmington Trust Retirement and Institutional Services Company is
a trust company chartered in Delaware. Its main office is at 1100
North Market Street, Wilmington, Delaware 19890.
The Plaintiff is represented by:
Gregory Y. Porter, Esq.
Ryan T. Jenny, Esq.
1054 31st Street, NW, Suite 230
Washington, DC 20007
Telephone: (202) 463-2101
Facsimile: (202) 463-2103
E-mail: gporter@baileyglasser.com
rjenny@baileyglasser.com
ZOFRAN: Siskinds LLP Launches Class Suit
----------------------------------------
The law firm Siskinds LLP has launched a class action regarding
Zofran.
Zofran is approved to treat nausea and vomiting in patients
following chemotherapy, radiation or surgery. However, Zofran has
been prescribed off-label to treat morning sickness in expectant
mothers. Some studies have noted an association between Zofran use
in the first trimester of pregnancy and birth defects such as
congenital cardiac (heart) malformations and oral clefts (cleft
lip and/or cleft palate).
In commencing this class action, Siskinds seeks to recover
compensation for persons in Canada who experienced these
conditions as a result of their mothers being prescribed Zofran.
The Statement of Claim alleges that the defendant failed to
adequately warn expectant mothers and physicians that use of
Zofran during the first trimester of pregnancy increases the risk
of serious birth defects.
Jill McCartney, a lawyer with Siskinds LLP, states: "As a matter
of safety, expectant mothers and their health care providers need
to be informed of the risks associated with using a particular
pharmaceutical product. This is particularly true during the
first trimester of pregnancy, when the baby is developing his or
her organs."
Canadians who believe they might be affected by this class action
are encouraged to visit www.classaction.ca/zofran, email
zofranclassaction@siskinds.com or call 1-800-461-6166 ext. 2341
for English enquiries or ext. 2409 for French enquiries.
* Arbitration Clauses Impact Class Actions in Canada, US
--------------------------------------------------------
Craig Lockwood, Esq. -- clockwood@osler.com -- and Vanessa Cotric,
Esq. -- vcotric@osler.com -- at Osler Hoskin & Harcourt LLP, in an
article for Lexology.com, reported that as we have discussed
before, the public policy rationales for enforcing arbitration
agreements are arguably at odds with the policy rationales
underpinning the class actions regime. Over the past few years,
courts in Canada and the United States have been engaged in this
dialogue through cases involving consumer contracts.
The Seidel decision continues to be applied by Canadian courts for
the proposition that arbitration clauses should be enforced unless
expressly prohibited by the legislature. The Supreme Court only
certified the Consumer Protection Act ("CPA") claim as a class
action and held that the other non-consumer claims would proceed
to arbitration. The Supreme Court's decision in Seidel built on
the principles previously articulated in Griffin v Dell Canada
Inc., where the Ontario Court of Appeal certified a class action
in which a consumer contract contained an arbitration clause on
the basis that the "CPA provisions resolve the tension between the
Arbitration Act and the Class Proceedings Act in favour of class
proceedings".
In Wellman and Corless v TELUS and Bell, the Ontario Superior
Court of Justice certified a class proceeding despite an
arbitration clause in the underlying consumer contract. The
plaintiffs asserted, among other claims, breach of Ontario's CPA,
which was deemed to relieve consumers from mandatory arbitration
clauses in consumer contracts. Unlike the Supreme Court's decision
in Seidel, the Court in this case decided that the non-consumer
claims and consumer claims would be heard together. Following the
decision in Griffin v Dell Canada Inc., the Court held that
separating the consumer claims and non-consumer claims could lead
to inefficiency, risk inconsistent results and create a
multiplicity of proceedings.
In contrast to the Canadian trends, arbitration clauses in
consumer contracts have been upheld in the United States so as to
preclude class actions. The U.S. Supreme Court in AT&T v
Concepcion (2011) and Italian Colors v American Express (2013)
upheld the public policy rationale of enforcing arbitration
clauses over the availability of class actions. In fact, in Del
Toro v Applebee's in late 2013, a federal court judge ruled in
Applebee's favour and enforced an arbitration clause, saying he
was bound by the Supreme Court decisions.
The New York Times recently reported that in 2014 alone, roughly
83% of cases in the U.S. upheld class-action waivers.
As evidenced by the jurisprudence, the approach of the Canadian
and U.S. courts to the interplay between arbitration clauses in
consumer contracts and the ability of consumers to seek redress by
means of class actions has differed in recent years. In Canada,
the courts have generally interpreted the provincial consumer
legislation as evidencing a legislative intent to permit consumer
class proceedings in the face of arbitration clauses. Indeed, some
Canadian courts to date have expanded this analysis so as to
include any parallel common law claims that are asserted in the
same proposed proceedings. Conversely, the U.S. courts have tended
to enforce the arbitration provisions in consumer contracts, such
that collective consumer actions have often been precluded.
* Ontario Court of Appeal to Sort Out Class Action Carriage Mess
----------------------------------------------------------------
Julius Melnitzer, writing for Financial Post, reported that the
Ontario Court of Appeal has decided to jump into the class action
carriage controversy.
Canada's class action regime has seen numerous instances of
plaintiffs' law firms competing for potentially lucrative files.
In a number of cases, it has fallen to the courts to resolve the
carriage issue. The problem is, the courts haven't done a very
good job of providing guidance for future cases.
"When it comes to determining who gets carriage of a class action,
calling the guidance we have from the courts 'fuzzy' is a generous
way of looking at it," said Michael Peerless of McKenzie Lake
Lawyers in London. "I don't think there's a single lawyers who
deals with this who knows what the test is -- and every time we
get a decision, things become less clear."
For the most part, the criticism is aimed at the Ontario
Divisional Court which, according to many observers, has fumbled
the issue on the two occasions it has had to deal with it. One of
these cases, Mancinelli v. Barrick Gold Corporation, will now be
heard by the Court of Appeal following its decision on to grant
leave.
In May, the Divisional Court upheld Superior Court Justice Edward
Belobaba's December 2014 decision to award carriage of the Barrick
securities class action to a consortium of law firms led by Rochon
Genova and including Rosen Naster and the Merchant Law Group.
Ultimately, the Court endorsed Belobaba's finding that this
group's state of preparation was more advanced than that of the
Koskie Minsky group, which included Sutts Strosberg, Siskinds LLP
and Groia & Co.
"The courts haven't given us a legal test, just a bunch of things
to consider," said Peerless, who is not involved in the Barrick
litigation. "If you compare the reasons [Justice Ian] Nordheimer
gave in granting leave to appeal to the Divisional Court with the
reasons of the Divisional Court on the actual appeal, it's hard to
believe they're talking about the same case."
To a degree, the situation has Peerless longing for the 'first-to-
file' test used in other jurisdictions where, basically, the early
bird gets the worm.
"I never thought that first-to-file made a lot of sense," he says.
"But with the lack of guidance we have, you're starting to look at
situations like Barrick, where a second filer comes in eight or
nine months later, and right before the case conference. It makes
me think I ought to start up on a few cases that other people are
already doing."
In his application for leave to appeal, Kirk Baert of Koskie
Minsky argued that the appeal "is a matter of public importance"
because the Divisional Court's decision "will have significant
implications for all class proceedings involving competing claims,
of which there are several extant in Ontario and elsewhere in
Canada."
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Marion
Alcestis A. Castillon, Ma. Cristina 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.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552.
* * * End of Transmission * * *