/raid1/www/Hosts/bankrupt/CAR_Public/151217.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, December 17, 2015, Vol. 17, No. 251
Headlines
ADT CORPORATION: "Cheatham" Suit Removed to Arizona Dist. Court
ASHLEY SERVICES: Appoints Cummins as CEO Amid Class Action
ASTORIA FINANCIAL: Faces MSS 12-09 Suit Over Prop. Sale to NYCB
BARTS & DUNTON: "Esteban" Suit Alleges FLSA Violations
BP PLC: Acciones Colectivas Files Class Action in Mexico City
BP PLC: SEC to Play Expanded Role in ERISA Litigation
CALIFORNIA: Caltrans Sued Over Alleged Breach of Rental Contract
CANADA: TRC to Release Report on Residential School Legacy
CATALINA RESTAURANT: Sued Over Failure to Provide Layoff Notice
CLOVERLEAF: Employees Mull Class Action Over Working Conditions
DIAMOND FOODS: Faces "Recigno" Suit Over Proposed Snyder Merger
DRAFTKINGS INC: Faces "Carey" Suit in Mo. Over Fantasy Sports
DRAFTKINGS INC: Faces "Champagne" Suit Over Fantasy Sports
EMC CORPORATION: Faces Suit Over Breach of Fiduciary Duties
EVERSPRING FARMS: Recalls Sprouted Chia Powder Due to Salmonella
EXCELLUS HEALTH: Faces "Clark" Suit Over Alleged Data Breach
FETCH INC: Has Sent Unsolicited Facsimiles, "Fauley" Suit Claims
FIELDSTONE COMMUNITIES: Sued Over Property Defects Repair Cost
FORBES MEDIA: Faces "Hall" Suit Over Privacy Act Violation
FRANK REICHL: Faces Suit Over Sherman Act Violation
GLAXOSMITHKLINE: Recalls Stieva-A Cream Products
HALLIBURTON ENERGY: "Barham" Suit Seeks to Recover Unpaid OT
HUMAN CARE: Recalls Roomer S and Altair
INDIAN: Recalls Multiple Motorcycle Models Due to Crash Risk
INNOVATIVE DINING: Faces "Clay" Suit Over Failure to Pay Overtime
INTERNATIONAL ALUMINUM: Faces "Tapia" Suit Over Failure to Pay OT
JAMES HARDIE: Faces $200MM Class Action Over Faulty Cladding
KERR CORPORATION: Recalls Bioplant Products
KIA: Recalls Soul 2014, 2015, 2016 Models Due to Crash Risk
KNIGHT'S MARINE: "Byington" Suit Seeks to Recover Unpaid Overtime
LA TAN: Accused of Wrongful Conduct Over Costumer Biometric Data
LAS 3K USA: "Castellano" Suit Seeks to Recover Minimum Wages
LAW OFFICES OF KEITH LAVALLEE: Illegally Collects Debt, Suit Says
LAW OFFICES OF PETER W SINGER: Sued Over Debt Collection Policies
M PIZZA: Sued in Mass. Over Illegal Service Charge Retention
MAJOR LEAGUE: Minor League Players' Class Action Gains Momentum
MIDLAND CREDIT: Accused of Wrongful Conduct Over Debt Collection
MITSUBISHI MOTORS: SUA Complainants Call for DTI to Issue Recall
MOVE IT MANAGEMENT: "Papesh" Suit Seeks to Recover Unpaid OT
MUY PIZZA: "Manuel" Suit Seeks to Recover Unpaid Overtime
NATIONAL HOCKEY: Steven Montador's Family Files Concussion Suit
NEW VISION: Sued Over Americans with Disabilities Act Violation
NORTHSTAR LOCATION: Sued Over Alleged Debt Collection Policies
ON TRAC: "Deulofeu" Suit Removed to Southern Dist. Fla. Court
PALM BEACH: Accused of Wrongful Conduct Over Biometric Data
PERSANTE HEALTH: Sued Over Failure to Pay Sleep Technicians OT
PMC-SIERRA: Faces "Azzalini" Suit Over Proposed Skyworks Merger
PRESIDENTIAL CLOTHING: "Aime" Suit Seeks to Recover Unpaid OT
PSJ INC: "Martinica" Suit Seeks to Recover Unpaid Overtime Wages
R&L INVESTMENTS: Faces "Dominguez" Suit Over FLSA Violation
RBD STAFFING: "White" Suit Alleges FCRA Violation
SAMSUNG ELECTRONICS: "Ray" Suit Alleges Warranty Act Violation
SEGUE CONSTRUCTION: Judge Consolidates Berkeley Tragedy Suits
SOUFUN HOLDINGS: Faces Suit Over Exchange Act Violations
SOUTH AFRICA: DTI Faces Class Action Threat Over Incentive Program
STREET CITY: Faces "Holbrook" Suit Over Failure to Pay Overtime
TODAY'S MAINTENANCE: Sued Over Failure to Pay Minimum & OT Wages
TPG HOPITALITY: "Rosano" Suit Removed to Mass. Dist. Court
U.S. PARKING: Faces "Diaz" Suit Over FLSA Violations
UBER: Seattle Set to Vote on Collective Bargaining Issue
UBER TECHNOLOGIES: Judge Expands Drivers' Employment Status Suit
UNIRUSH LLC: "Huff" Suit Alleges Fraud and Deceptive Practices
UNIRUSH LLC: Faces "Peterkin" Suit Over Fund Misappropriation
UNITED HEALTHCARE: "Riederer" Suit Alleges FLSA Violation
UNITED RECOVERY: Accused of Wrongful Conduct Over Debt Collection
UNITIL CORP: Ice Storm Power Failure Suit Hearing Set for February
VALEANT PHARMACEUTICALS: Sued Over Misleading Financial Reports
VOLKSWAGEN GROUP: "Culture of Misconduct" Disclosure to Boost Case
VOLKSWAGEN GROUP: Faces Saturn Suit in Fla. Over Defeat Devices
VOLKSWAGEN GROUP: Faces "Christiana" Suit Over Defeat Devices
VOLKSWAGEN GROUP: Faces "Clark" Suit in Minn. Over Defeat Devices
*********
ADT CORPORATION: "Cheatham" Suit Removed to Arizona Dist. Court
---------------------------------------------------------------
The class action lawsuit entitled Janet Cheatham, individually,
and on behalf of all others similarly situated v. ADT Corporation,
et al., Case No. CV2015-008263, was removed from the Maricopa
County Superior Court to the U.S. District Court
District of Arizona (Phoenix Division). The District Court Clerk
assigned Case No. 2:15-cv-02137-DKD to the proceeding.
The Plaintiff asserts product liability claims.
ADT Corporation is in the business of providing residential and
small business electronic security, fire protection and other
related alarm monitoring services.
The Plaintiff is represented by:
Francis Joseph Balint Jr., Esq.
William Fleming King, Esq.
BONNETT FAIRBOURN FRIEDMAN & BALINT PC
2325 E Camelback Rd., Ste. 300
Phoenix, AZ 85016
Telephone: (602) 274-1100
Facsimile: (602) 274-1199
E-mail: fbalint@bffb.com
bking@bffb.com
The Defendant is represented by:
J. Steven Sparks, Esq.
SANDERS & PARKS PC
3030 N 3rd St., Ste. 1300
Phoenix, AZ 85012-3099
Telephone: (602) 532-5600
Facsimile: (602) 230-5051
E-mail: steve.sparks@sandersparks.com
ASHLEY SERVICES: Appoints Cummins as CEO Amid Class Action
----------------------------------------------------------
Simon Evans, writing for The Sydney Morning Herald, reports that
Stewart Cummins, who tried to rescue education firm Vocation
before it collapsed in late November, has jumped ship to become
the chief executive of battling training and labor hire firm
Ashley Services, which has also been experiencing serious problems
as its share price sinks dangerously low.
Mr. Cummins started on Dec. 14 initially as chief operating
officer at Ashley Services ahead of a full transition to chief
executive of the company on February 15, 2016. He says Ashley has
a better business model and it has a much larger focus on labor
hire and recruitment.
"It is a safer business model," Mr. Cummins told Fairfax Media.
"They don't use brokers, they don't use third parties."
Mr. Cummins says the business has a large skew toward the labor
hire and recruitment business, which represents about 85 per cent
of the overall operations. He is looking forward to another big
challenge in restoring value, but thinks there will be a more
positive outcome on this one.
He will replace the current managing director, Ross Shrimpton, who
acquired the Ashley business in 1999 and took it through to a
share market listing in August 2014 in a public float, which was
priced at $1.66 per share.
But profit downgrades at Ashley and a wider nervousness among
investors about listed education and training companies over the
quality of courses and the sustainability of business models
because of a heavy reliance on funding from federal and state
governments for students undertaking vocational training courses,
has resulted in Ashley shares plunging to just 18›.
Class action lawsuit
Former federal Labor Party leader Simon Crean was among a string
of Ashley directors who resigned from the board of the company in
October 2015, including then chairman Peter Turner. Ashley is
also the subject of a class action lawsuit alleging the Ashley
prospectus didn't properly disclose the impact of the withdrawal
of a government subsidy that helped lift enrolments at one of its
business divisions.
New Ashley chairman Ian Pratt said on Dec. 4 said Mr. Cummins had
a "strong record of installing operational excellence to drive
revenue growth".
He said Mr. Cummins would work alongside Mr. Shrimpton over the
next two months to ensure a seamless transition to a new chief
executive. Mr. Shrimpton will then stay on in a non-executive
director role.
Vocation collapsed in late November and Ferrier Hodgson were
appointed as administrators after an attempt to raise $10 million
by Vocation in a multipronged refinancing of the business
floundered at the last minute when several institutional
shareholders including Renaissance Asset Management decided not to
support a share placement.
Mr. Cummins was left with no alternative but to call in
administrators, who subsequently sacked 150 staff across the
entire Vocation business as funding sources completely dried up.
Mr. Cummins, a former chief financial officer at Transpacific
Industries, was brought in as a "Mr Fix-It" in late 2014 at
Vocation after its sharemarket credibility lay in tatters
following a scathing audit review by Victorian authorities. It
lost more than $700 million in market capitalization in late 2014
in the space of a few days and never really regained the
confidence of the market.
ASTORIA FINANCIAL: Faces MSS 12-09 Suit Over Prop. Sale to NYCB
---------------------------------------------------------------
MSS 12-09 Trust, on behalf of itself and all others similarly
situated v. Astoria Financial Corporation, et al., Case No.
07472/2015 (N.Y., Super. Ct., November 18, 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:
Gustavo F. Bruckner, Esq.
Anna K. Manalaysay, Esq.
POMERANTZ LLP
600 Third Avenue
New York, NY 10016
Telephone: (212) 661-1100
BARTS & DUNTON: "Esteban" Suit Alleges FLSA Violations
------------------------------------------------------
Agustina Esteban, and all others similarly situated v. Barts &
Dunton Cleaners, Inc., aka Regency Cleaners, Chi Woon Kim,
and Sunny Kim, Case No. 1:15-cv-09725 (N.D. Ill., October 30,
2015), is brought against the Defendants for alleged violations of
the Fair Labor Standards Act, the Portal-to-Portal Act, and the
Illinois Minimum Wage Law.
The Defendants provide dry cleaning laundry services to the
public.
The Plaintiff is represented by:
John William Billhorn, Esq.
BILLHORN LAW FIRM
53 West Jackson Blvd., Ste 840
Chicago, IL 60604
Tel: (312) 853-1450
BP PLC: Acciones Colectivas Files Class Action in Mexico City
-------------------------------------------------------------
Mushhood Khan, writing for Bidness Etc, reports that after the
recent BP plc (ADR) $20.8 billion settlement with the US federal
government and five states, BP was hoping to put an end to the
penalties pertaining to the Gulf of Mexico 2010 oil spill.
However, the London-based energy company's problems are not going
to end any time soon. On December 11, a social group, Acciones
Colectivas de Sinaloa filed a class action lawsuit against the oil
giant's business units in Mexico City.
Head of the civil group's board, David Cristobal Alvarez said that
the claim is based on the energy company's acknowledgement that
the oil rig explosion, which took the lives of 11 people, damaged
the coast of Louisiana and affected the people living on the
coasts, Reuters reports. He went on to state that several US
scientific studies have also found widespread damages to the
marine life and plants in the area, which supports the group's
claim that the 2010 accident adversely impacted the natural
environment in Mexico. He said that the Mexican lawsuit is
seeking compensation from the company for these environmental
damages.
Even when the oil disaster did not directly affect the Gulf of
Mexico, the contamination from Deepwater Horizon catastrophe
gradually spread to the ocean basin, which is surrounded by the
continent of North America, Mr. Alvarez reported. Gulf of Mexico
oil mishap is the worst offshore oil disaster in the history of
the US oil and gas industry as it released millions of barrels of
crude oil into the sea.
This class action lawsuit is being filed at a time when BP is
struggling with low crude oil prices and multi-billion dollar
penalties. Crude oil prices are trading at their seven-year lows;
Brent, the world crude oil, has plunged below $38 per barrel and
WTI is just above $35.5 per barrel. The prolonged decline in
crude oil prices has rocked the integrated oil and gas company as
in the third quarter of fiscal 2015 (3QFY15), BP recorded
replacement cost profit of $1.8 billion, compared to $3 billion
for the same period last year, a 40% decline. The company's
shares have also lost more than 22% of their value in the past one
year.
BP has already set aside $44 billion for remediation activities
and criminal and civil fines. Mexico City court is expected to
give its final verdict on Acciones Colectivas class action lawsuit
in February or March next year. If the court approves the group's
request to charge more penalties, we can expect the British oil
giant's financial position to deteriorate further in future.
BP PLC: SEC to Play Expanded Role in ERISA Litigation
-----------------------------------------------------
Robert Steyer, writing for Pensions & Investments, reports that
The Securities and Exchange Commission is poised to play an
expanded role in ERISA litigation on how securities laws affect
fiduciaries' management of company-stock funds in defined
contribution plans.
By year-end, the SEC is expected to file a friend-of-the-court
brief in a class-action suit by participants in a 401(k) plan
administered by oil giant BP PLC. They allege breach of fiduciary
duty in managing the BP Stock Fund option in the plan after BP's
stock price fell following the April 2010 explosion of the
Deepwater Horizon oil platform in the Gulf of Mexico that killed
11 workers.
"This will be a big deal," said James P. McElligott Jr., a
Richmond, Va.-based partner for McGuireWoods LLP, referring to the
SEC amicus brief, which is scheduled to be filed on Dec. 28.
"Much of the argument turns on what is the role of the fiduciary."
The Department of Labor is scheduled to file a concurrent friend-
of-the court brief.
ERISA attorneys say the SEC's comments could transcend the facts
of this case -- Whitley et al. vs. BP PLC et al. -- by providing
greater detail on how plan fiduciaries can address the use of
material non-public information in managing company stock funds
without violating securities laws.
They also say the SEC's brief could help clarify a series of
recommendations offered by the U.S. Supreme Court in its signature
June 2014 decision on stock-drop cases -- Fifth Third Bancorp et
al. vs. Dudenhoeffer et al.
The Supreme Court provided several standards that lower courts
should consider in assessing stock-drop allegations. However, it
also said the SEC hadn't provided sufficient guidance on how
fiduciaries should deal with non-public information in their
administration of company stock plans.
Guidance from the SEC "would be a very interesting development,"
said James Fleckner, a partner at Goodwin Procter LLP, Boston.
"The SEC typically doesn't weigh in on ERISA cases. It was
interesting that Justice Breyer observed (in the Supreme Court
decision) that the SEC didn't weigh in."
Justice Stephen Breyer wrote the 9-0 Supreme Court decision in the
Fifth Third case. The court nullified a long-held legal
principle -- the presumption of prudence -- that set a high bar
for plaintiffs who argued 401(k) plan administrators breached
their fiduciary duties when shares of company shares fell sharply.
This presumption of prudence -- essentially giving sponsors the
benefit of the doubt in offering company stock in DC plans --
allowed many sponsors to win dismissals of stock-drop lawsuits.
Mr. Breyer criticized presumption of prudence as "defense-
friendly," adding that lower courts should analyze stock-drop
cases "through careful, context-sensitive scrutiny of a
complaint's allegations."
He outlined three guidelines for lower courts, adding that there
are gray areas in the intersection of securities law and ERISA
duties. The SEC "has not advised on its views on these matters,
and we believe those views may well be relevant," he wrote.
Less clear elsewhere
While Mr. Breyer wrote ERISA "does not require a plan fiduciary .
. . . to perform an action -- such as divesting the fund's
holdings of the employer's stock on the basis of inside
information -- that would violate securities laws," he noted the
law is less clear elsewhere.
In particular, ERISA is less clear when a fiduciary refrains from
making additional purchases for the company-stock plan based on
insider information or fails to disclose insider information "so
that the stock would no longer be overvalued," he wrote. Lower
courts must determine if such actions "could conflict with complex
insider trading and corporate disclosure requirements."
Mr. Breyer wrote that lower courts must evaluate whether
fiduciaries' stopping the purchases of company stock for a DC plan
might be viewed by the public as a negative commentary on the
stock's value. Courts also must decide if fiduciaries stopping
stock purchases or "publicly disclosing negative information would
do more harm than good" by causing the stock to fall and the stock
fund to lose value, he added.
ERISA attorneys say the refrain-from-purchase and the more-harm-
than-good guidelines are causing confusion among sponsors and
lower courts.
"These are hard standards for fiduciaries to comply with because
it's not clear what they can do or should do with non-public
information," said Mr. Fleckner.
"There is still uncertainty how Fifth Third Bancorp vs.
Dudenhoeffer should be applied to sponsors holding company stock,"
Mr. Fleckner added.
Plan executives "don't want to base their decisions solely on
litigation risk," said Jeremy Blumenfeld, a Philadelphia-based
partner at Morgan Lewis & Bockius LLP. Like several other ERISA
attorneys interviewed, Mr. Blumenfeld said the SEC could help
plans better manage company-stock options by providing more
guidance about the halting of purchases of additional stock based
on non-public information.
"The SEC has the option of making life miserable for fiduciaries,"
said Thomas E. Clark Jr., St. Louis, of counsel to The Wagner Law
Group "Congress should get involved to resolve the conflict on
insider trading vs. a fiduciary's duty of prudence."
In the near term, however, it will be up to the SEC to provide
guidance via the Whitley case, part of a series of lawsuits
related to BP's management of thecompany stock fund for the
plaintiffs' 401(k) plan and for three other BP 401(k) plans.
On Oct. 30, U.S. District Judge Keith Ellison in Houston dismissed
complaints by participants who alleged that certain BP corporate
and plan executives had breached their fiduciary duties by
permitting participants to invest in the BP Stock Fund after the
Deepwater Horizon explosion.
However, that decision -- In Re; BP PLC Securities Litigation --
addressed whether certain executives were fiduciaries. Mr.
Ellison also ruled participants didn't prove allegations that the
defendants had failed in their duty to monitor the BP stock.
In the Whitley case, Mr. Ellison is dealing with broader issues of
fiduciary responsibilities. Participants allege plan executives
didn't disclose "material facts" and didn't conduct "any
procedural review" to determine the prudence of continuing
investing in the company stock fund, according to court documents.
Mr. Ellison allowed defendants to file an appeal with the 5th U.S.
Circuit Court of Appeals for an interpretation of the Supreme
Court's "more-harm-than-good" standard. As part of this
interlocutory appeal, the plaintiffs submitted a response while
the SEC and DOL plan to file amicus briefs.
Haven't chosen sides
Although amicus briefs often are filed on behalf of specific
parties, court documents indicate the SEC and DOL haven't chosen
sides. (Several attorneys speculated that the DOL will support the
plaintiffs because it has often filed friend-of-the-court briefs
endorsing participants' arguments vs. those of sponsors or
providers.)
"We think it's a big deal," said Jan Jacobson, senior counsel for
retirement policy at the American Benefits Council, Washington,
referring to the SEC's pending amicus brief. "This could be
significant."
The American Benefits Council has filed an amicus brief in the
Whitley case supporting BP. The council argued that a
pro-participant ruling could cause sponsors to drop company-stock
investment options because "their risk of ERISA liability, or the
costs of defending claims, would be too great."
Supporting participants with their amicus brief in the Whitley
case are the AARP Foundation Litigation, Washington, and the
National Employment Lawyers Association, Oakland, Calif.
They contend BP has tried to "distort" the meaning of the Supreme
Court's ruling by creating an "insurmountable requirement" for any
plaintiffs in a stock-drop lawsuit.
However, the AARP Litigation Foundation does agree with the
American Benefits Council on the potential impact of the SEC's
comments.
"It is going to be very interesting what the SEC will say because
it will set forth how the SEC and the DOL will reconcile their
purposes," Mary Ellen Signorille, senior attorney for AARP
Foundation Litigation, said in an interview. "It will provide a
way forward for everybody."
CALIFORNIA: Caltrans Sued Over Alleged Breach of Rental Contract
----------------------------------------------------------------
Tina Molano, et al. v. State of California Department of
Transportation and Does 1 through 100, inclusive, Case No.
BC601014 (Cal. Super. Ct., November 13, 2015) is an action for
damages as result of the Defendant's breach of rental contract,
specifically by not maintaining the Caltrans properties in
habitable condition or remedying defects which were requested by
the Plaintiffs for decades and on multiple occasions.
The State of California Department of Transportation is a
government entity of California.
The Plaintiff is represented by:
Jonathan Nielsen, Esq.
Kirt J. Peterson, Esq.
Tanner Nielsen, Esq.
NIELSEN, PETERSON & NIELSEN LLP
520 W. 5th St., Ste. B
Oxnard, CA 93030
Telephone: (805) 639-8600
Facsimile: (805) 228-4669
CANADA: TRC to Release Report on Residential School Legacy
----------------------------------------------------------
Kristy Kirkup, writing for The Canadian Press, reports that The
Truth and Reconciliation Commission, which documented the haunting
legacy of Canada's residential schools, was set to present its
final report on Dec. 15 to the parties in the class-action
settlement that led to its creation.
Justice Murray Sinclair, who has led the TRC's exhaustive
investigation over the past six years, said each member of the
agreement will receive a copy of the massive findings to complete
the commission's obligation.
The Indian Residential Schools Settlement Agreement was reached
after former residential school survivors took the federal
government and churches to court with the support of the Assembly
of First Nations and Inuit organizations.
The arrangement was designed to help repair the lasting damage
caused by the schools, and -- in addition to compensating
survivors -- to explore the truth behind the government-funded,
church-operated assimilation program that existed in Canada from
the 1870s to 1996.
After unveiling its summary in June, which included the key
finding that the residential school system facilitated nothing
short of "cultural genocide," the TRC will now release hard copies
of the full report.
"Children were abused, physically and sexually, and they died in
the schools in numbers that would not have been tolerated in any
school system anywhere in the country, or in the world," it says,
noting that the recorded number of deaths is 3,201, but that the
true number is likely much higher.
"The number of students who died at Canada's residential schools
is not likely ever to be known in full. The most serious gap in
information arises from the incompleteness of the documentary
record. Many records have simply been destroyed."
Each copy of the report weighs about 25 pounds, Justice Sinclair
estimates. But that's nothing compared to the work's emotional
heft.
"Every time I stand in front of a crowd -- particularly of
survivors, but a crowd generally -- and I talk about the issue of
residential schools, I always wonder if I can get through it,"
Sinclair said.
"It is always such a challenge because it . . . has been a very
demanding piece of work and that alone would be enough to cause
difficulty to talk about. But more importantly, there's so many
people who have been part of this who are no longer with us."
Justice Sinclair's work has been honored by the Macdonald-Laurier
Institute, which has named him policy-maker of the year for 2015.
Among the commission's 94 recommendations was a national public
inquiry to examine the phenomenon of missing and murdered
aboriginal women -- a demand long resisted by former prime
minister Stephen Harper.
The new Liberal government set the wheels in motion by kicking off
the "design phase" of the long-awaited inquiry.
The pre-inquiry consultation involves speaking to victims'
families and aboriginal organizations.
"They've taken steps to carry out that commitment and that's
important," Justice Sinclair said.
Prime Minister Justin Trudeau has also approached aboriginal
issues in a more respectful manner, he added.
"In our calls to action, in our summary report, we did talk about
the importance in leadership and the importance of there being a
national voice around reconciliation," he said.
"It is also about changing the way we talk to and about each
other."
Justice Sinclair, the first aboriginal judge appointed in
Manitoba, said he's hopeful there will be a broad discussion about
the inquiry and its terms of reference, and that the inquiry is
tasked with exploring whether systemic issues are at play.
"I think really the emphasis is going to be to try to answer the
big questions of what happened and why?" Justice Sinclair said.
"It is not just the families, it is also Canadian society. I think
Canada needs to know as well why is this happening and is it
happening elsewhere? That's a bigger question . . . is this going
on around the world?"
Ghislain Picard, chief of the Quebec Assembly of First Nations,
said on Dec. 14 that men have a role to play in curbing the
climate of violence.
"Given that the majority of aboriginal leaders are men, I think
this awareness is necessary," Mr. Picard said.
He said the topic was broached in meetings between native leaders
following a scandal where allegations of abuse by provincial
police officers against aboriginal women in Val-d'Or led to
suspensions and an investigation.
Mr. Picard said the upcoming federal inquiry should have an
exclusive section on Quebec, adding he hopes the TRC report will
help bring the issues to the forefront.
The RCMP said there were at least 46 homicides involving native
women in Quebec between 1980 and 2012.
As the final report comes out, the Canadian Museum for Human
Rights has opened a new exhibit on residential schools.
The Witness Blanket is a 12-metre work by First Nations artist and
carver Carey Newman.
Its cedar frames hold hundreds of ordinary objects -- including a
single shoe, a hockey trophy, braids of hair and other pieces --
collected from 77 sites across the country to recall the
residential schools and their legacy.
CATALINA RESTAURANT: Sued Over Failure to Provide Layoff Notice
---------------------------------------------------------------
Jeri Farrar and others similarly situated v. Catalina Restaurant
Group, Inc. and Food Management Partners, Inc., Case No. 3:15-cv-
02407-L-RBB (S.D. Cal., October 25, 2015) is brought against the
Defendants for failure to provide the Plaintiffs with 60 days
advance notice of a mass layoff or plant closing.
The Defendants operate and manage Coco's Bakery and Carrows
restaurant chains in Texas.
The Plaintiff is represented by:
Jeff R. Dingwall, Esq.
LAW OFFICE OF JEFF R. DINGWALL, PLC
555 West Beech Street, Suite 510
San Diego, CA 92101
Telephone: (619) 796-3464
Facsimile: (619) 717-8762
E-mail: jeff@jrdingwall.com
- and -
Trang Q. Tran, Esq.
TRAN LAW FINN LLP
9801 Westheimer Road, Suite 302
Houston, TX 77042
Telephone: (713) 223-8855
Facsimile: (713) 623-6399
E-mail: ttran@tranlawllp.com
CLOVERLEAF: Employees Mull Class Action Over Working Conditions
---------------------------------------------------------------
Ben Zigterman, writing for The Register-Mail, reports that two
employees of Cloverleaf Cold Storage say they were fired for
complaining to the Occupational Safety and Health Administration
about working conditions.
Forklift operators Terry Bell and Jehrid Churchill have filed
whistleblower complaints with OSHA. Cloverleaf has denied most of
the claims in the complaint.
Cloverleaf Cold Storage opened a new warehouse in February in
Monmouth and began hiring 150 employees. At the 240,000-square-
feet facility, employees unload meat shipped from the nearby
Monmouth Smithfield Foods plant, store it, and load it for
shipping.
Mr. Bell of Galesburg says he was fired Oct. 8 after calling OSHA
about hazardous conditions.
"On or about October 5, 2015, I encountered an employee who I felt
was under the influence of drugs or alcohol. While in the
restroom with this employee, I told him (he) should not be
operating a forklift if he was under the influence," Mr. Bell
wrote in his complaint, which he filed Oct. 16 with OSHA and
signed Oct. 28. "This was not the first time I had to tell
employees to work safely and not to work while under the influence
of drugs or alcohol."
A few hours after this incident, Mr. Bell was told by his managers
that he was suspended and to return to work Oct. 8, according to
the complaint. On Oct. 8, he made a complaint with OSHA and when
he arrived at work, Mr. Bell told employees and managers that he
had called OSHA.
"After about 30 minutes, I was brought into a meeting and told
that my employment was terminated," Mr. Bell wrote. "The reason
for my termination was that I had taken the position of a
supervisor when I discussed safety issues and operation of
machinery while under the influence with employees. I was told I
needed to be focused on my own and not the safety of others and
that due to this I was let go.
"I believe that my employment was terminated by Cloverleaf Cold
Storage in retaliation for exercising my rights under the
(Occupational Safety and Health) Act, and for being suspected of
attempting to make a complaint to OSHA," Mr. Bell added.
OSHA investigator Matthew Sadler was assigned to Bell's case and
declined to comment.
"OSHA does not disclose any information in an ongoing
whistleblowing investigation," Mr. Sadler said.
Cloverleaf management in Monmouth declined to comment, and
directed The Register-Mail to its corporate office in Sioux City,
Iowa.
Cloverleaf President Daniel Kaplan declined to comment on specific
cases, but said his company would never retaliate against its
employees.
"I don't believe there's any appropriate place for retaliatory
discharge in my company," he said. "We believe it would be an
immoral thing to do, and I don't believe we engage in such
reprehensible conduct."
Cloverleaf responded Nov. 20 to OSHA about Mr. Bell's case, and
Mr. Bell provided this response to The Register-Mail. In the
response written by Birmingham, Alabama-based attorney Richard O.
Brown, Cloverleaf denied nearly everything that Bell claims.
Mr. Bell began working at Cloverleaf in May and said he began
voicing his safety concerns with managers about 45 days before he
was fired.
"I began to voice safety concerns about various safety issues, but
primarily about new hire employees not being properly trained on
fork-lifts and not receiving enough time for job familiarization,"
Mr. Bell wrote.
"This is not true," Cloverleaf responded.
Whenever he brought his concerns to management, he was "told not
to call OSHA and that safety issues would be corrected soon,"
Mr. Bell wrote in the complaint.
"This is not true," Cloverleaf responded.
Regarding the incident on Oct. 5 that led to his suspension and
firing, Cloverleaf said this incident actually happened on Oct. 2
and Oct. 3 and that Bell "kept other employees from reporting the
incident to management and waited until October 3rd to tell
management about his encounter with the employee . . . thus,
prohibiting management from addressing the issues and potentially
creating a safety hazard," Cloverleaf wrote.
Cloverleaf also disputes Bell's timeline of events. While
Mr. Bell said he was suspended Oct. 5 and fired Oct. 8, Cloverleaf
says he was suspended Oct. 3 and fired Oct. 6.
Cloverleaf also denied that Bell ever mentioned making a complaint
with OSHA, saying, "Bell made no such statement to management
about filing or making a complaint with OSHA."
Mr. Bell dismissed Cloverleaf's response and stood by his
complaint, including the dates he was suspended and hired.
"I dispute that with them," Mr. Bell said. "They try to be pretty
slick.
"They're trying to deny anyone said anything to them about
safety," Mr. Bell added. "I told them I called OSHA."
At this point, Mr. Bell is working on a formal response to
Cloverleaf's response.
"I have to respond back to their answers to tell the OSHA guy
which ones are and aren't true, send them back in, and he'll take
it," Mr. Bell said. "Then I guess the next step is to see if
we'll go in front of a federal judge."
Mr. Bell is joined by Jehrid Churchill, Roseville, who worked as a
forklift operator from August to October. He also said he was
fired for making a complaint with OSHA.
"I was with (Bell) when he called OSHA, and we both made a
complaint," Mr. Churchill said.
Mr. Churchill said he was fired Oct. 9, and on Oct. 28 he met with
OSHA investigator Sadler to file a whistleblower complaint.
From here, in addition to the ongoing OSHA complaint, Mr. Bell,
Mr. Churchill and other former employees are preparing a class-
action lawsuit and met with a lawyer on Dec. 9 to discuss this.
"We're all getting together to file a class-action lawsuit against
them," Mr. Bell said. "We're going to shoot for six to eight
employees, but there's a whole lot more than that."
DIAMOND FOODS: Faces "Recigno" Suit Over Proposed Snyder Merger
---------------------------------------------------------------
Daniel Recigno, individually and on behalf of all others similarly
situated v. Diamond Foods, Inc., et al., Case No. CGC-15-548961
(Cal. Super. Ct., November 13, 2015) is brought on behalf of all
the public stockholders of Diamond Foods, Inc., to enjoin the
proposed merger of Diamond and Snyder's-Lance, Inc., through a
flawed process and inadequate consideration.
Headquartered in Stockton, California, Diamond Foods, Inc. is an
American packaged food company that specializes primarily in nuts
and snack food.
Snyder's-Lance, Inc. is the second largest salty snack maker in
the United States.
The Plaintiff is represented by:
Evan J. Smith, Esq.
BRODSKY & SMITH, LLC
9595 Wilshire Blvd., Ste. 900
Beverly Hills, CA 90212
Telephone: (877) 534-2590
Facsimile: (310) 247-0160
E-mail: esmith@brodsky-smith.com
- and -
Shanon L. Hopkins, Esq.
Sebastiano Tornatore, Esq.
LEVY & KORNSINSKY LLP
733 Summer Street, Suite 304
Stamford, CT 06901
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: shopkins@zlk.com
stornatore@zlk.com
DRAFTKINGS INC: Faces "Carey" Suit in Mo. Over Fantasy Sports
-------------------------------------------------------------
Nicholas Carey, individually and on behalf of all others similarly
situated v. Draftkings, Inc. and Fanduel Inc., Case No. 4:15-cv-
01616-NCC (E.D. Mo., October 23, 2015) seeks redress for the
deceptive and collusive practices committed by the Defendants in
connection with their on-line fantasy gambling enterprise, and to
obtain full remuneration for every dollar lost by players on
either site.
The Defendants operate a fantasy sports website that permits
individuals to play one-day fantasy sports contests.
The Plaintiff is represented by:
Tiffany M. Yiatras, Esq.
CAREY, DANIS & LOWE
8235 Forsyth Boulevard, Suite 1100
Saint Louis, MO 63105-1643
Telephone: (314) 725-7700
Facsimile: (314) 721-0905
E-mail: tyiatras@careydanis.com
DRAFTKINGS INC: Faces "Champagne" Suit Over Fantasy Sports
----------------------------------------------------------
Eric Champagne, individually and on behalf of all others similarly
situated v. Fanduel, Inc., Draftkings, Inc., Ethan Haskell,
Matthew Boccio, and John Does Nos. 1-25, Case No. 1:15-cv-08399
(S.D.N.Y., October 23, 2015) seeks redress for the deceptive and
collusive practices committed by the Defendants in connection with
their on-line fantasy gambling enterprise, and to obtain full
remuneration for every dollar lost by players on either site.
The Defendants operate a fantasy sports website that permits
individuals to play one-day fantasy sports contests.
The Plaintiff is represented by:
Matthew L. Tuccillo, Esq.
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: mltuccillo@pomlaw.com
ahood@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
EMC CORPORATION: Faces Suit Over Breach of Fiduciary Duties
-----------------------------------------------------------
Philip Stull, and all others similarly situated v. EMC
Corporation, Dell, Inc., Silver Lake Partners, LLC, MSD Partners,
LLC, Denali Holding Inc., Universal Acquisition Co., Joseph M.
Tucci, Jose E. Almeida, Michael Brown, Donald J. Carty, Randolph
L. Cowen, James S. Distasio, John R. Egan, William D. Green,
Edmund F. Kelly, Jami Miscik, Paul Sagan, and Laura J. Sen, Case
No. 1:15-cv-13692 (D. Mass., October 30, 2015), is brought against
the Defendants for breach of fiduciary duties.
This is a federal class action based upon diversity, on behalf all
stockholder of EMC Corporation who have been or will be damaged by
the acquisition of EMC by Dell, Inc., and its acquisition
partners, Silver Lake Partners, LLC, and MSD Partners, LLC, as a
consequence of the Individual Defendants' breaches of their
fiduciary duties.
Defendant EMC is a Massachusetts Corporation that maintains its
principal place of business at 176 South Street, Hopkinton
Massachusetts 01748. EMC is a recognized leader in providing
computer and information storage, management, protection, analysis
and data security information for enterprises. It is named as a
defendant so that complete relief can be granted. EMC securities
are traded on the NASDAQ stock market under the ticker symbol
"EMC."
Defendant Dell is a Delaware Corporation that maintains its
principal place of business at One Dell Way, Round Rock, Texas
78682. In 2003, M. Dell and Silver Lake took Dell private.
Defendant Silver Lake is a limited liability company with an
office at 9 West 57th Street, 32nd Floor, New York, New York
10019.
Defendant MSD is an SEC-registered investment adviser formed in
2009 by the principals of MSD Capital, L.P., which was established
in 1998 to exclusively manage the capital of M. Dell and his
family.
Defendant Denali is a Delaware Corporation created for purpose of
effecting the Proposed Transaction.
Defendant Universal is a Delaware corporation created for purposes
of effecting the Proposed Transaction, and direct wholly owned
subsidiary of Denali.
Tucci, Almeida, Brown, Carty, Cowen, DiStasio, Egan, Green, Kelly,
Miscik, Sagan and Sen are hereinafter referred to as the
Individual Defendants. Each of the Individual Defendants was a
member of the Board at all pertinent times and participated in the
decisions and conduct alleged by the Plaintiff.
The Plaintiff is represented by:
Edward F. Haber, Esq.
SHAPIRO HABER & URMY LLP
Seaport East
Two Seaport Lane
Boston, MA 02210
Tel: (617) 439-3939
E-mail: ehaber@shulaw.com
- and -
Lynda J. Grant, Esq.
THE GRANT LAW FIRM, PLLC
521 Fifth Avenue, 17th Floor
New York, NY 10175
Tel: (212) 292-4441
E-mail: lgrant@grantfirm.com
EVERSPRING FARMS: Recalls Sprouted Chia Powder Due to Salmonella
----------------------------------------------------------------
Starting date: November 4, 2015
Type of communication: Recall
Alert sub-type: Updated Food Recall Warning
Subcategory: Microbiological - Salmonella
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Everspring Farms Ltd
Distribution: National
Extent of the product distribution: Retail
CFIA reference number: 10160
The food recall warning issued on November 3, 2015 has been
updated to include additional product information. This additional
information was identified during the Canadian Food Inspection
Agency's (CFIA) food safety investigation.
Everspring Farms Ltd is voluntarily recalling Back 2 the Garden
brand and Now Real Food brand sprouted chia seed powder from the
marketplace due to possible Salmonella contamination. Consumers
should not consume the recalled products described below.
The following products have been sold nationally as well as
through internet sales.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
Food contaminated with Salmonella may not look or smell spoiled
but can still make you sick. Young children, pregnant women, the
elderly and people with weakened immune systems may contract
serious and sometimes deadly infections. Healthy people may
experience short-term symptoms such as fever, headache, vomiting,
nausea, abdominal cramps and diarrhea. Long-term complications may
include severe arthritis.
There have been no reported illnesses associated with the
consumption of these products.
This recall was triggered by CFIA test results. The CFIA is
conducting a food safety investigation, which may lead to the
recall of other products. If other high-risk products are
recalled, the CFIA will notify the public through updated Food
Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand name Common name Size Code(s) on UPC
---------- ----------- ---- product ---
----------
Back 2 the Organic 200 g Lot #
Garden Sprouted Chia EVCHO150608-04 6 27843-
Seed Powder BB/MA JUN-2016 15900 1
and Lot #
EVCHO150608-06
BB/MA JUL-2016
Now Real "Sprouted" 227 g EVCHO150529-08 7 33739-
Food Milled Chia B/MA JUL-2016 92070 6
Seed
Pictures of the Recalled Products available at:
http://is.gd/0EdC82
EXCELLUS HEALTH: Faces "Clark" Suit Over Alleged Data Breach
------------------------------------------------------------
Eric S. Clark, individually and on behalf of all others similarly
situated v. Excellus Health Plan, Inc., Case No. 6:15-cv-06643-MAT
(W.D.N.Y., October 23, 2015) is brought against the Defendant for
failure to provide adequate security and protection for its
computer systems containing patient's personally identifiable
information and personal health information from data breach.
Excellus Health Plan, Inc. is a health care insurance company and
one of the leading health insurers in New York.
The Plaintiff is represented by:
Jason J. Kane, Esq.
PEIFFER ROSCA WOLF ABDULLAH CARR & KANE,
A Professional Law Corporation
15 Fishers Road, Suite 111
Pittsford, NY 14534
Telephone: (585) 310-5140
Facsimile: (888) 411-0038
E-mail: jkane@prwlegal.com
- and -
Alan L. Rosca, Esq.
PEIFFER ROSCA WOLF ABDULLAH CARR & KANE,
A Professional Law Corporation
1422 Euclid Avenue, Suite 1610
Cleveland, Ohio 44115
Telephone: (216) 589-9280
E-mail: arosca@prwlegal.com
- and -
Mark S. Goldman, Esq.
Paul J. Scarlato, Esq.
Brian D. Penny, Esq.
Douglas J. Bench, Esq.
GOLDMAN SCARLATO & PENNY, PC
101 E. Lancaster Avenue, Suite 204
Wayne, PA 19087
Telephone: (484) 342-0700
Facsimile: (484) 580-8747
E-mail: goldman@lawgsp.com
scarlato@lawgsp.com
penny@lawgsp.com
bench@lawgsp.com
FETCH INC: Has Sent Unsolicited Facsimiles, "Fauley" Suit Claims
----------------------------------------------------------------
Shaun Fauley, individually and as the representative of a class of
similarly situated persons v. Fetch, Inc. d/b/a Petplan, AGCS
Marine Insurance Company and John Does 1-10, Case No. 1:15-cv-
09406 (N.D. Ill., October 23, 2015) seeks to put an end to the
Defendants' practice of sending unsolicited facsimiles.
The Defendants operate an insurance company incorporated in the
state of West Virginia with its principal place of business in
Chicago, IL.
The Plaintiff is represented by:
Brian J. Wanca, Esq.
ANDERSON + WANCA
3701 Algonquin Road, Suite 760
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
Facsimile: (847) 368-1501
E-mail: bwanca@andersonwanca.com
FIELDSTONE COMMUNITIES: Sued Over Property Defects Repair Cost
--------------------------------------------------------------
William Siggins, Wilfredo Santiago, and Andrew and Veronica
Kilpatrick, Individually v. Fieldstone Communities, Inc., et al.,
Case No. 37-20150-00038137-CU-CD-CTL (Cal. Super. Ct., November
13, 2015) seeks to recover the cost to repair personal and
property damage and construction defects at single-family homes
owned by the Plaintiffs in The Project, located in the City of
Oceanside, County of San Diego, State of California.
Fieldstone Communities, Inc. is engaged in homebuilding, land
development, land entitlement and related businesses.
The Plaintiff is represented by:
Jean-Claude Lapuyade, Esq.
JCL LAW FIRM
10731 Treena Street, Suite 101
San Diego, CA 92131
Telephone: (619) 599-8292
Facsimile: (619) 599-8291
E-mail: JLAPUYADE@JCL-LAWFIRM.COM
- and -
William H. Naumann, Esq.
THE NAUMANN LAW FIRM, P.C.
10731 Treena Street, Suite 101
San Diego, CA 92131
Telephone: (858) 792-7474
Facsimile: (858) 952-5671
E-mail: WILLIAM@NAUMANNLEGAL.COM
FORBES MEDIA: Faces "Hall" Suit Over Privacy Act Violation
----------------------------------------------------------
Brian Hall, and all others similarly situated v. Forbes Media LLC,
Case No. 2:15-cv-13844 (E.D. Mich., October 30, 2015), is brought
against the Defendant for violation of the Michigan's Preservation
of Personal Privacy Act, M.C.L. Section 445.1712 and unjust
enrichment.
The Plaintiff alleges that Forbes supplements its sales and
advertising revenues by secretly selling their statutorily
protected information -- including their full names, the title of
the magazine they subscribed to, and home addresses -- to data
miners and other unrelated third party companies.
Forbes Media LLC is a Delaware limited liability company with its
principal place of business located at 499 Washington Boulevard,
Jersey City, New Jersey 07310. Forbes is also registered to
conduct business in the State of Michigan. Forbes magazine is a
well-known publication that features finance, investing, and other
business-related news.
The Plaintiff is represented by:
Ari J. Scharg, Esq.
EDELSON PC
350 North LaSalle Street, Ste 1300
Chicago, IL 60654
Tel: (312) 589-6370
Fax: (312) 589-6378
E-mail: ascharg@edelson.com
- and -
Henry M. Scharg, Esq.
LAW OFFICE OF HENRY M. SCHARG
718 Ford Building
Detroit, MI 48226
Tel: (248) 596-1111
Fax: (248) 671-0335
E-mail: hmsattyatlaw@aol.com
FRANK REICHL: Faces Suit Over Sherman Act Violation
---------------------------------------------------
Central Arkansas Water, and all others similarly situated v. Frank
A. Reichl, General Chemical Corporation, General Chemical
Performance Product, LLC, GenTek Inc., Chemtrade Logistics Inc.,
and John Does 1 through 10, Case No. 2:15-cv-07827 (D.N.J.,
October 31, 2015), seeks to recover damages due to Defendants'
violation of Section 1 of the Sherman Act.
The Plaintiff alleges that the Defendants and its co-conspirators
engaged in price-fixing conspiracy and colluding to circumvent
competitive bidding and independent pricing for liquid aluminum
sulfate contracts during the 1997 to July 2010, or until the
anticompetitive effects of Defendants' conduct cease ("Class
Period"); and conspiring to raise prices by submitting
artificially inflated bids to Plaintiff and Class Members during
the Class Period.
Defendant Frank A. Reichl is a resident of Flanders, New Jersey.
At all relevant times, Reichl actively conspired with Defendants
and co-conspirators in their unlawful price-fixing and bid-rigging
conspiracy. On October 27, 2015, Reichl pleaded guilty for his
role in the conspiracy.
Defendant General Chemical Corporation was a corporation existing
under the laws of Delaware, with its principal place of business
at 90 East Halsey Road, Parsippany, New Jersey. Defendants General
Chemical Corporation and General Chemical Performance Products,
LLC, are referred to collectively as "General Chemical." General
Chemical maintained a distribution facility in Pine Bluff,
Arkansas. As a leading manufacturer and supplier of water
treatment chemicals, including LAS, General Chemical sold LAS in
large quantities to Plaintiff and other direct purchasers.
Defendant General Chemical Performance Products LLC, was a limited
liability company existing under the laws of Delaware, with its
principal place of business at 90 East Halsey Road, Parsippany,
New Jersey.
Defendant GenTek Inc., a publicly traded company, is a corporation
existing under the laws of Delaware, with its principal place of
business at 90 East Halsey Road, Parsippany, New Jersey. General
zChemical was a wholly owned and controlled subsidiary by GenTek
rom approximately 1999 to approximately October 2009.
Defendant Chemtrade Logistics Inc., a publicly traded company, is
incorporated under the laws of Canada. Chemtrade has its principal
places of business at 90 East Halsey Road, Parsippany, New Jersey
and Ontario, Canada. General Chemical was absorbed into Chemtrade
through an acquisition in January 2014, with the latter assuming
all rights and obligations of General Chemical.
The Plaintiff is represented by:
Dianne M. Nast, Esq.
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
Tel: (215) 923-9300
Fax: (215) 923-9302
E-mail: dnast@nastlaw.com
- and -
Michael L. Roberts, Esq.
ROBERTS LAW FIRM, P.A.
20 Rahling Circle
PO Box 241790
Little Rock, AR 72223-1790
Tel: (501) 821-5575
Fax: (501) 821-4474
E-mail: mikeroberts@robertslawfirm.us
- and -
Don Barrett, Esq.
DON BARRETT, P.A.
P.O. Box 927
404 Court Square North
Lexington, MS 39095
Tel: (662) 834-2488
Fax: (662) 834-2628
E-mail: donbarrettpa@gmail.com
- and -
William E. Hoese, Esq.
KOHN, SWIFT & GRAF, P.C.
One South Broad Street, Suite 2100
Philadelphia, PA 19107
Tel: (215) 238-1700
Fax: (215) 238-1968
E-mail: whoese@kohnswift.com
- and -
Michael Fishbein, Esq.
LEVIN, FISHBEIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106-3697
Tel: (877) 882-1011
Fax: (215) 592-4663
E-mail: mfishbein@lfsblaw.com
- and -
C. Tad Bohannon, Esq.
CENTRAL ARKANSAS WATER
221 East Capitol Avenue
Little Rock, AK 72202
Tel: (501) 377-1345
Fax: (501) 377-1244
E-mail: tad.bohannon@carkw.com
GLAXOSMITHKLINE: Recalls Stieva-A Cream Products
------------------------------------------------
Starting date: November 6, 2015
Type of communication: Drug Recall
Subcategory: Drugs
Hazard classification: Type III
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-56248
Out of specification result for potency and for any unspecified
related substance during shelf life testing.
Depth of distribution: Wholesalers, Pharmacies (BC, AB, SK, MB,
ON, QC, NFLD, NS, NB)
Affected products: Stieva-A Cream
DIN, NPN, DIN-HIM
DIN 00662348
Dosage form: Cream
Strength: 0.1% w/w Tretinoin
Lot or serial number: Lot # R0431
Lot # R0441
Recalling Firm: GlaxoSmithKline (Canada) Inc.
7333 Mississauga Rd. N.
Mississauga
L5N 6L4
Ontario
CANADA
Marketing Authorization Holder: GlaxoSmithKline (Canada) Inc.
7333 Mississauga Rd. N.
Mississauga
L5N 6L4
Ontario
CANADA
HALLIBURTON ENERGY: "Barham" Suit Seeks to Recover Unpaid OT
------------------------------------------------------------
William Barham, III, individually and on behalf of all others
similarly situated, Dustin Cochran, Patrick Jones, Carlos Saavedra
and Tyler Wasaff v. Halliburton Energy Services, Inc., Case No.
4:15-cv-03125 (S.D. Tex., October 23, 2015) seeks to recover
unpaid overtime wages and damages pursuant to the Fair Labor
Standard Act.
Halliburton Energy Services, Inc. operates an oilfield services
company located at 800 Brazos Street, Suite 400, Austin, Texas
78701.
The Plaintiff is represented by:
Melissa Moore, Esq.
Curt Hesse, Esq.
MOORE & ASSOCIATES
Lyric Center
440 Louisiana Street, Suite 675
Houston, TX 77002
Telephone: (713) 222-6775
Facsimile: (713) 222-6739
E-mail: info@mooreandassociates.com
HUMAN CARE: Recalls Roomer S and Altair
---------------------------------------
Starting date: November 3, 2015
Type of communication: Medical Device Recall
Subcategory: Medical Device
Hazard classification: Type III
Source of recall: Health Canada
Issue: Medical Devices
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-56178
Two identified problems that Human Care has decided to address.
The first problem is related to a fixation screw on the telescopic
hanger bar used on recalled device. This screw is located inside
the unit, hence not visible from the outside. A small number of
units have been detected where the level of Loctite adhesive
applied to the screw during manufacturing has been insufficient.
This can cause the telescopic hanger bar to become lose from its
position and, in a worst case, fall out of its position.
The second problem is related to the swivel hooks on the
telescopic hanger bar. It has come to Human Care's attention that
if the telescopic hanger bar is incorrectly used, specifically if
the swivel hooks on the hanger bar is positioned incorrectly
before a patient transfer, this can cause the sling to fall out of
its position which can then result in a hazard to the user. It is
important that the user manual is followed and that the hanger bar
and its hooks are adjusted and positioned correctly prior to any
patient transfer.
Affected products
A. ROOMER S
Lot or serial number: 32578510006
32578510009
Model or catalog number: 55300-XX
Manufacturer: HUMAN CARE HC SWEDEN AB
ARSTAANGSVAGEN 21C
STOCKHOLM
11743
SWEDEN
B. ALTAIR
Lot or serial number:
More than 10 numbers, contact manufacturer.
Model or catalog number: 55200-XX
55210-XX
55220-XX
Manufacturer: HUMAN CARE HC SWEDEN AB
ARSTAANGSVAGEN 21C
STOCKHOLM
11743
SWEDEN
INDIAN: Recalls Multiple Motorcycle Models Due to Crash Risk
------------------------------------------------------------
Starting date: November 5, 2015
Type of communication: Recall
Subcategory: Motorcycle
Notification type: Safety
Mfr System: Brakes
Units affected: 431
Source of recall: Transport Canada
Identification number: 2015526TC
ID number: 2015526
On certain motorcycles, the primary cup seal in the rear master
cylinder could tear. If this were to occur, brake fluid pressure
to the rear caliper would be reduced, and the performance of the
rear brake would be degraded. This would increase stopping
distances and could affect braking control, which could increase
the risk of a crash causing injury and/or damage to property.
Correction: Dealers will replace the rear brake master cylinder
piston assembly.
Make Model Model year(s) affected
---- ----- ----------------------
INDIAN CHIEF VINTAGE 2015, 2015, 2015
INDIAN CHIEF CLASSIC 2015
INDIAN CHIEF DARK HORSE 2015
INNOVATIVE DINING: Faces "Clay" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Adam Clay, on behalf of himself and others similarly situated v.
Innovative Dining Group, et al., Case No. BC598113 (Cal. Super.
Ct., October 21, 2015) is brought against the Defendants for
failure to pay overtime wages in violation of the California Labor
Code.
Innovative Dining Group operates a restaurant and bar inside one
of the leading hotels in the world, the W Hotel in Hollywood.
The Plaintiff is represented by:
Daniel Z. Srourian, Esq.
SROURIAN LAW FIRM
3440 Wilshire Blvd., Suite 915
Los Angeles, CA 90010
Telephone: (310) 601-3131
Facsimile: (310) 388-8444
E-mail: contact@slfla.com
INTERNATIONAL ALUMINUM: Faces "Tapia" Suit Over Failure to Pay OT
-----------------------------------------------------------------
Daniel Alpirez Tapia, individually and on behalf of all others
similarly situated v. International Aluminum Corporation,
International Window Corporation, and Does 1-50, inclusive, Case
No. 30-2015-00819914-CU-OE-CXC (Cal. Super. Ct., November 13,
2015) is brought against the Defendants for failure to pay
overtime wages in violation of the California Labor Code.
International Aluminum Corporation is a building products
manufacturer of diversified lines of quality aluminum and vinyl
building products.
International Window Corporation is a manufacturer of vinyl and
aluminum windows and doors.
The Plaintiff is represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.com
JAMES HARDIE: Faces $200MM Class Action Over Faulty Cladding
------------------------------------------------------------
One News reports that one of the largest class action lawsuits in
New Zealand's history was filed on Dec. 14.
The $200 million claim, against building giant James Hardie,
alleges that faulty cladding was provided to more than 1000
homeowners, resulting in leaky buildings.
Litigation lawyer Adina Thorn -- adina@adinathorn.co.nz -- says
the allegation is that James Hardie made and supplied faulty
HardieTex, Monotek and Titan board materials.
It was these products that were used to build thousands of
properties around the country.
Ms. Thorn says the claim is for losses suffered by the owners who
have had extensive leaks, rot and mould throughout their homes.
Homeowner Mike Holmes, whose house was affected, says the faulty
materials have set him back.
"I've got a young family, so it's a legacy you wanna leave your
children for the future," he said.
The claim could take more than three years to go through the
courts.
KERR CORPORATION: Recalls Bioplant Products
-------------------------------------------
Starting date: November 5, 2015
Type of communication: Medical Device Recall
Subcategory: Medical Device
Source of recall: Health Canada
Issue: Medical Devices
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-55984
2015/11/03: During an audit, the company discovered that a CE mark
and notified body number were present in some of the Bioplant
labelling materials. There is no safety risk to health.
Affected products: Bioplant
Lot or serial number: 216112 - 2685295 (18 syringes)
216112 - 2720970 (6 syringes)
216112 - 2763763 (6 syringes)
216112 - 2763764 (18 syringes)
216132 - 2649171 (4 syringes)
216132 - 2685297 (4 syringes)
216132 - 2720971 (4 syringes)
216132 - 2746762 (4 syringes)
216132 - H005876 (12 syringes)
Model or catalog number: 216112
216132
Manufacturer: Kerr Corporation
1717 West Collins Ave.
Orange
92867
California
UNITED STATES
KIA: Recalls Soul 2014, 2015, 2016 Models Due to Crash Risk
-----------------------------------------------------------
Starting date: November 12, 2015
Type of communication: Recall
Subcategory: Car, SUV
Notification type: Safety
Mfr System: Steering
Units affected: 24281
Source of recall: Transport Canada
Identification number: 2015535TC
ID number: 2015535
Manufacturer recall number: RC096
On certain vehicles, insufficient adhesive may have been applied
to the steering gear pinion plug at time of assembly. This could
allow the plug to loosen and potentially separate from the
steering gear assembly, causing a loss of steering which could
result in a crash causing injury and/or damage to property.
Correction: Dealers will install a new pinion plug with properly
applied adhesive.
Make Model Model year(s) affected
---- ----- ----------------------
KIA SOUL 2014, 2015, 2016
KNIGHT'S MARINE: "Byington" Suit Seeks to Recover Unpaid Overtime
-----------------------------------------------------------------
Lucian Byington, on behalf of himself and those similarly situated
v. Knight's Marine and Industrial Services, Inc., David Knight,
and Brian Knight, Case No. 5:15-cv-00280-RH-GRJ (N.D. Fla.,
October 23, 2015) seeks to recover unpaid overtime wages and
damages pursuant to the Fair Labor Standard Act.
Knight's Marine and Industrial Services, Inc. is a privately held
corporation that supplies a variety of skilled craftsmen to
support ongoing projects at shipyards and other locations
throughout Florida, Mississippi, Louisiana, and Alabama.
The Plaintiff is represented by:
Andrew R. Frisch, Esq.
MORGAN & MORGAN, PA
600 N. Pine Island Road, Suite 400
Plantation, FL 33324
Telephone: (954) 318-0268
Facsimile: (954) 327-3017
E-mail: afrisch@forthepeople.com
LA TAN: Accused of Wrongful Conduct Over Costumer Biometric Data
----------------------------------------------------------------
Klaudia Sekura, individually and on behalf of all others similarly
situated v. L.A. Tan Enterprises, Inc., Case No. 2015-CH-16694
(Ill. Ch. Ct., November 13, 2015) seeks to put a stop to the
Defendant's unlawful collection, use, and storage of Plaintiffs
and the proposed Class's sensitive biometric data.
L.A. Tan Enterprises, Inc. operates a well-known chain of tanning
salons throughout the United States, including in Illinois.
The Plaintiff is represented by:
Jay Edelson, Esq.
Alexander T.H. Nguyen, Esq.
David I. Mindell, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
anguyen@edelson.com
dmindell@edelson.com
LAS 3K USA: "Castellano" Suit Seeks to Recover Minimum Wages
------------------------------------------------------------
Jean Carlos Castellano, Natalia Tolosa, Daniela Nino, Christian
Santiago, and all others similarly situated v. Las 3K USA, LLC,
Jairo Avellaneda, and Luisa Nieves, Case No. 1:15-cv-24077 (S.D.
Fla., October 30, 2015), seek to recover minimum wages, liquidated
damages, unlawfully withheld wages, statutory penalties, other
damages, and attorney's fees pursuant to the Fair Labor Standards
Act.
The Defendants operate a hotel and restaurant in Florida.
The Plaintiffs are represented by:
Miguel Armenteros, Esq.
PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L.
283 Catalonia Avenue, Suite 200
Coral Gables, FL 33134
Tel: (305) 377-0086
Fax: (305) 377-0781
LAW OFFICES OF KEITH LAVALLEE: Illegally Collects Debt, Suit Says
-----------------------------------------------------------------
Carl Archer, Administrator of the Estate of Betty Cutright, on
behalf of himself and all others similarly situated v. Law Offices
of Keith Lavallee, et al., Case No. 3:15-cv-07702-FLW-TJB (D.N.J.,
October 26, 2015) seeks to stop the Defendant's unfair and
unconscionable means to collect a debt.
The Law Offices of Keith Lavallee is a law firm located at 4 W
Gate, Farmingdale, NY 11735.
The Plaintiff is represented by:
Glen H. Chulsky, Esq.
LAW OFFICE OF GLEN H. CHULSKY
375 Passaic Avenue
Fairfield, NJ 07004
E-mail: g.chulsky@att.net
- and -
Joseph K. Jones, Esq.
LAW OFFICES OF JOSEPH K. JONES, LLC
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Telephone: (973) 227-5900
E-mail: jkj@legaljones.com
LAW OFFICES OF PETER W SINGER: Sued Over Debt Collection Policies
-----------------------------------------------------------------
Mary Capps, individually and on behalf of others similarly
situated v. Law Offices of Peter W. Singer, et al., Case No. 3:15-
cv-02410-BAS-NLS (S.D. Cal., October 26, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
The Law Offices of Peter W. Singer is a law firm located at 10755
Scripps Poway Pkwy #526, San Diego, CA 92131.
The Plaintiff is represented by:
Jared M. Hartman, Esq.
SEMNAR & HARTMAN LLP
400 South Melrose, Suite 209
Vista, CA 92081
Telephone: (951) 234-0881
Facsimile: (888) 819-8230
E-mail: jared@sandiegoconsumerattorneys.com
M PIZZA: Sued in Mass. Over Illegal Service Charge Retention
------------------------------------------------------------
Atila Adolfo Tigges, on behalf of himself and all others similarly
situated v. M. Pizza, Inc. and Henry Askew, Case No. 15-6338
(Mass. Cmmw., November 13, 2015) arises out of the Defendants'
unlawful retention of service charges paid by customers.
M. Pizza, Inc. is a Domino's franchisee and operates one or more
Domino's restaurants in Massachusetts.
The Plaintiff is represented by:
Stephen S. Churchill, Esq.
Brant Casavant, Esq.
FAIR WORK, P.C.
192 South Street, Suite 450
Boston, MA 02111
Telephone: (617) 607-6230
E-mail: steve@fairworklaw.com
brant@fairworklaw.com
MAJOR LEAGUE: Minor League Players' Class Action Gains Momentum
---------------------------------------------------------------
Brendan Kennedy, writing for Toronto Star, reports that while
Major League Baseball's top-flight free agents continue to sign
record-setting contracts in excess of $200 million, a lawsuit by
minor-league players alleging the league failed to pay them even
minimum wage continues to gain momentum.
Filed nearly two years ago, the lawsuit was formally certified as
a class action in October and since then more than 500 current and
former players have added their names. Even a handful of active
major-league players have joined the suit, including George Kontos
of the San Francisco Giants and Tyler Skaggs of the L.A. Angels.
"We're very happy with it," said Garrett Broshuis, the lawyer
handling the case, a former minor-league baseball player himself.
"The feedback has been great so far. We've been getting a lot of
support."
While major-league stars continue to reap the benefits of
baseball's booming business -- the league's revenues exceeded $9
billion (U.S.) in 2015 -- those dollars are not trickling down to
the roughly 6,000 non-unionized players who populate MLB's vast
minor-league system.
Minor-league baseball players, who are employees of their major-
league organizations but not represented by the major-league
players' union, are forced to sign uniform, seven-year contracts
once they are drafted. Depending on the level they play and years
of service, many minor-leaguers make between $800 and $2,000 per
month, which the lawsuit contends amounts to less than the U.S.
federal minimum wage of $7.25 hour.
Top draft picks receive six- and seven-figure signing bonuses, and
as such are not dependent on their meager monthly wages. But
thousands of minor-leaguers sign for $10,000 or less, leaving them
with annual incomes below the U.S. federal poverty line.
The players are only paid during the season. They receive only
meal money during the mandatory six weeks of spring training, and
they are not paid at all during the off-season, despite being
required to follow off-season conditioning programs. They also do
not receive overtime pay despite often working 60 to 70 hours in a
typical week.
"This lawsuit isn't going to make guys rich," Mr. Broshuis said.
"It's just going to impose the minimum wage and overtime laws that
all other companies in the United States have to comply with."
Representatives of Major League Baseball declined comment for this
story, citing the lawsuit's ongoing nature. League
representatives have not been shy, however, about lobbying
lawmakers in the U.S. to have minor-league baseball players
classified as "seasonal" workers, which would exempt them from
hourly wage laws.
The case isn't scheduled to go to trial until February 2017. By
the time it gets to that point, the lawsuit could have 1,000
players behind it. Mr. Broshuis, who pitched six seasons in the
San Francisco Giants' minor-league system before becoming a
lawyer, says his office is "constantly fielding phone calls" from
players and agents curious about the lawsuit.
"When I first started seeing all these guys join and seeing the
numbers, it just warmed my heart because we're really putting in
so much work on this, and it just shows that other people are
recognizing the work that we're putting in and recognizing this is
something that needs to be done," he said. "This is a problem
that's a long time in the making. This practice has been going on
for decades. We're just happy to finally make some progress."
The lawsuit -- initially launched by three former minor-league
players -- is open to any player who played in the minors from
2011 to the present, not including players who had already been to
the majors (those temporarily demoted from the big leagues or on
injury rehab, for instance).
The lawsuit will continue to welcome new parties until mid-
February, when the 90-day notice period expires. If the lawsuit is
successful, all players named will get a share of any potential
settlement or award.
A specific amount of damages has not yet been established,
Mr. Broshuis said, adding that the primary goal of the lawsuit is
to make a permanent change to how minor-league players are
compensated.
"Our goal is to change things for the future guys and to also help
out as many guys in the past as possible as well. So the more
guys who sign on the more we're able to achieve those goals."
MIDLAND CREDIT: Accused of Wrongful Conduct Over Debt Collection
----------------------------------------------------------------
Aharon Rochman, on behalf of himself and all other similarly
situated consumers v. Midland Credit Management, Inc., et al.,
Case No. 1:15-cv-06141 (E.D.N.Y., October 26, 2015) seeks to stop
the Defendant's unfair and unconscionable means to collect a debt.
Midland Credit Management, Inc. operates a financial service
company located at 3111 Camino Del Rio N #1300, San Diego, CA
92108.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395-3459
Facsimile: (718) 408-9570
E-mail: m@maximovlaw.com
MITSUBISHI MOTORS: SUA Complainants Call for DTI to Issue Recall
----------------------------------------------------------------
Bernie Magkilat, writing for Manila Bulletin, reports that
complainants of "sudden unintended acceleration" (SUA) of the
Montero Sport (automatic) model have urged the Department of Trade
and Industry (DTI) to issue a product recall saying that failure
to do so will force them to file a class action suit against
Mitsubishi Motors Corp. of the Philippines (MMPC).
In a position paper submitted to the DTI, a group of "SUA"
complainants led by Atty. Charlie V. Tumaru has urged DTI to
initiate a product recall saying it is better to "err on the side
of the consumer" because public safety is foremost in this
situation.
"It is in the interest of public safety and welfare that the
Department of Trade and Industry immediately orders the recall of
all Montero Sports automatic vehicles," the petition said.
The group also urged DTI to order the prosecution of the officers
of MMPC for violation of the Penal Provision of the Consumer
Protection Law, and that the agency should also order the banning
of the same model in the market until after a definite and
conclusive finding establishing the cause or error on the Montero
Sport is established.
Mr. Tumaru said the Consumer Act has a penal provision for
officers of a corporation that introduced to the market dangerous
or injurious product.
The DTI must also stop MMPC from making public announcements that
their Montero Sports vehicles do not have defects and is safe to
use on the roads as this gives a false sense of security and
safety to Montero owners/users thereby unduly exposing them to the
SUA danger.
Failure to order a product recall would force the group to go to
court for a class action suit against MMPC.
The group did not buy the claims of MMPC that their testing and
scanning do not reveal any error or defect in the vehicle does not
mean there is no defect. The computer principle "DATA IN DATA
OUT" find relevance in putting in issue the logic of the MMPC,
because a computer which is not programmed to detect a particular
error, defect or glitz cannot read or register such error in its
database when the same occurs "DATA IN DATA OUT".
The complainants discounted the Mitsubishi's experts finding that
they did not discover any defect in the Montero.
"Their argument is simple 'No defect has been discovered ergo, the
fault is on the driver, " the statement said. MMPC has attributed
all the 97 SUA incidents to human error.
"Mitsubishi relies on its own company-paid experts -- probably the
same persons who designed the Montero and whose independent
assessment must be put in question. There are simply no
independent tests conducted by third-parties or independent
experts who are not company affiliated. The problem presents
questions of integrity, reliability, product bias (tending to
achieve a finding in favor of the product); and tendency to rely
on expert knowledge as absolute truth," the group said.
MOVE IT MANAGEMENT: "Papesh" Suit Seeks to Recover Unpaid OT
------------------------------------------------------------
Tricia Papesh, and all others similarly situated v. Move it
Management, LLC, and MS Sub Clear Lake, LLC, Case No. 4:15-cv-
03195 (S.D. Tex., October 30, 2015), seeks to recover unpaid
overtime wages and for retaliation brought under the Fair Labor
Standards Act.
The Defendants own and operate a storage and office rental
business located in Texas.
The Plaintiff is represented by:
Joe Williams, Esq.
THE LAW OFFICES OF JOE M. WILLIAMS
& ASSOCIATES, PLLC
810 Highway 6 South, Suite 111
Houston, TX 77079
Tel: (832) 230-4125
Fax: (832) 230-5130
MUY PIZZA: "Manuel" Suit Seeks to Recover Unpaid Overtime
---------------------------------------------------------
Marvin Manuel, and all others similarly situated v. MUY Pizza
Houston, LLC, dba Pizza Hut, and James H. Bodenstedt, Case No.
4:15-cv-03196 (S.D. Tex., October 30, 2015), seeks to recover
unpaid overtime wages and other damages pursuant to the Fair Labor
Standards Act.
The Defendants own and operate a food and retail enterprise
conducting business in Houston and San Antonio, Texas.
The Plaintiff is represented by:
Alfonso Kennard, Jr., Esq.
KENNARD, BLANKENSHIP, ROBINSON P.C.
2603 Augusta Dr., 14th Floor
Houston, TX 77057
Tel: (713) 742-0900
Fax: (713) 742-0951
E-mail: alfonso.kennard@kennardlaw.com
NATIONAL HOCKEY: Steven Montador's Family Files Concussion Suit
---------------------------------------------------------------
Chronicle Daily reports the NHL finds itself the target of another
concussion-related lawsuit, this time from the family of the late
Steve Montador.
While in Chicago during the Western Conference final last spring,
NHL commissioner Gary Bettman dismissed the idea that hockey leads
to CTE.
Thomas Demetrio and William Gibbs were appointed to the Executive
Committee in the class-action lawsuit now pending in the Minnesota
District Court filed against the NHL on behalf of numerous former
NHL players (In Re: National Hockey League Players Concussion
Litigation, 0:14-md-02551).
The league published findings from its NHL-NHLPA Concussion
Working Group in 2011, although it didn't pass a rule insisting
players who suffer concussions do not return to the same games in
which they sustained the injury until 2013.
In light of that discovery, Mr. Montador's family is suing the
NHL, claiming that the league failed to provide Mr. Montador with
accurate information about the long term risks of consistent head
trauma.
"During regular-season NHL games, pre-season NHL games, NHL
practices and morning skates prior to NHL games, Mr. Montador
sustained thousands of sub-concussive brain traumas and multiple
concussions, many of which were undiagnosed and/or undocumented",
claimed the suit. "By burying its head in the sand on the issue
of brain damage amongst its retired player population, the
National Hockey League is doing a disservice to the players who
gave their blood, sweat and tears to the game".
It's a tough contention-we'll have to see if the case filed by
Mr. Montador's family makes any difference.
NHL Deputy Commissioner Bill Daly told the Chicago Tribune on
Dec. 8 that it stood by those remarks.
The NHL has said in the past it is not responsible for
Mr. Montador's death. "Tragedies like that of my son, Steven,
will continue until the problem is addressed". He also played for
the Calgary Flames, Florida Panthers, Anaheim Ducks, Boston Bruins
and Buffalo Sabres during his career.
"The NHL continues to ignore the lasting problems caused by
multiple head traumas suffered by its players", Paul Montador said
in a statement. "The NHL knew that by eliminating staged fights
from their game they would decrease drug addiction and depression
in the men it enlisted in the barbaric role". Mr. Montador, whom
Westhead reports had a history of depression, memory problems and
erratic behavior, agreed to donate his brain to the CSCP several
years before his death. According to the lawsuit, an autopsy
revealed he had chronic traumatic encephalopathy (CTE), a
degenerative brain disease caused by repeated head trauma.
"The fact of the matter is, from a medical and science standpoint,
there is no evidence yet that one necessarily leads to the other",
Mr. Bettman said. The NHL is now in the midst of dealing with a
rather significant lawsuit filed by former players claiming the
league put its financial interests ahead of the wellbeing of the
individuals playing the game. Boogaard died due to an accidental
overdose in May 2011. Researchers found Boogaard's brain, too,
showed signs of CTE.
NEW VISION: Sued Over Americans with Disabilities Act Violation
---------------------------------------------------------------
Andres Gomez, on his own behalf and on behalf of all other
individuals similarly situated v. New Vision Unlimited, LLC, Case
No. 1:15-cv-24000-JAL (S.D. Fla., October 26, 2015) is brought
against the Defendant for violation of the Americans with
Disabilities Act.
New Vision Unlimited, LLC operates an optical store in Miami,
Florida.
The Plaintiff is represented by:
Scott Richard Dinin, Esq.
SCOTT R. DININ, P.A.
4200 NW 7th Avenue
Miami, FL 33127
Telephone: (786) 431-1333
Facsimile: (786) 513-7700
E-mail: srd@dininlaw.com
NORTHSTAR LOCATION: Sued Over Alleged Debt Collection Policies
--------------------------------------------------------------
Mindy Goodman, on behalf of himself and all other similarly
situated consumers v. Northstar Location Services, LLC, Case No.
1:15-cv-06140 (E.D.N.Y., October 26, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
Northstar Location Services, LLC operates a debt collection firm
in New York.
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395-3459
Facsimile: (718) 408-9570
E-mail: m@maximovlaw.com
ON TRAC: "Deulofeu" Suit Removed to Southern Dist. Fla. Court
-------------------------------------------------------------
The class action lawsuit captioned Odalys Deulofeu and other
similarly situated individuals v. On Trac Rent A Car, LLC, et al.,
Case No. 15-022227-CA-01, was removed from the 11th Judicial
Circuit in Miami-Dade County, Florida to the U.S. District Court
Southern District of Florida (Miami). The District Court Clerk
assigned Case No. 1:15-cv-23997-KMW to the proceeding.
The Plaintiff asserts labor-related claims.
On Trac Rent A Car, LLC operates a car rental shop located at 3256
NW 24th Street Rd, Miami, FL 33142.
The Plaintiff is represented by:
Anthony Maximillien Georges-Pierre, Esq.
REMER & GEORGES-PIERRE, PLLC
Court House Tower
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: agp@rgpattorneys.com
The Defendant is represented by:
Carmen Maria Rodriguez, Esq.
LAW OFFICES OF CARMEN RODRIGUEZ, P.A.
15715 S. Dixie Hwy, Suite 411
Miami, FL 33157-1884
Telephone: (305) 254-6101
Facsimile: (305) 254-6048
E-mail: crpa@crlaborlawfirm.com
PALM BEACH: Accused of Wrongful Conduct Over Biometric Data
-----------------------------------------------------------
Jennifer Rottner, individually and on behalf of all others
similarly situated v. Palm Beach Tan, Inc., Case No. 2015CH16695
(Ill. Ch. Ct., November 13, 2015) seeks to put a stop to the
Defendant's unlawful collection, use, and storage of Plaintiffs
and the proposed Class's sensitive biometric data.
Palm Beach Tan, Inc. operates a well-known chain of tanning salon
throughout the United States, including in Illinois.
The Plaintiff is represented by:
Jay Edelson, Esq.
Alexander T.H. Nguyen, Esq.
David I. Mindell, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
anguyen@edelson.com
dmindell@edelson.com
PERSANTE HEALTH: Sued Over Failure to Pay Sleep Technicians OT
--------------------------------------------------------------
Maria Blow, individually and on behalf of all others similarly
situated v. Persante Health Care, Inc., Case No. 1:15-cv-07689-NLH
(D.N.J., October 22, 2015) is brought against the Defendant for
failure to pay compensation and overtime wages to its Sleep
Technicians in violation of the Fair Labor Standard Act.
Persante Health Care, Inc. operates a medical center located at
130 Gaither Drive, Suite 124, Mount Laurel, NJ 08054.
PMC-SIERRA: Faces "Azzalini" Suit Over Proposed Skyworks Merger
---------------------------------------------------------------
August Azzalini, on behalf of himself and all other similarly
situated v. PMC-Sierra, Inc., et al., Case No. 115-cv-287124 (Cal.
Super. Ct., October 21, 2015) is brought on behalf of all the
public stockholders of PMC-Sierra, Inc., to enjoin the proposed
merger of PMC and Skyworks Solutions, Inc.
PMC-Sierra, Inc. designs, develops, markets, and supports
semiconductor networking solutions.
Skyworks Solutions, Inc. operates a wireless semiconductor company
that designs and manufactures radio frequency and complete
semiconductor system solutions for mobile communications
applications.
The Plaintiff is represented by:
David E. Bower, Esq.
FARUQI & FARUQI, LLP
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Telephone: (424) 256-2884
Facsimile: (424) 256-2885
E-mail: dbower@faruqilaw.com
PRESIDENTIAL CLOTHING: "Aime" Suit Seeks to Recover Unpaid OT
-------------------------------------------------------------
Paul Fils Aime, on behalf of himself and others similarly situated
v. Presidential Clothing Recyclers, Inc., et al., Case No. 0:15-
cv-62248-JIC (S.D. Fla., October 25, 2015) seeks to recover unpaid
overtime compensation, liquidated damages, and the costs and
reasonable attorneys' fees under the provisions of the Fair Labor
Standards Act.
Presidential Clothing Recyclers, Inc. own and operate a recycling,
used clothing, and thrift merchandise business with multiple store
locations in the United States.
The Plaintiff is represented by:
Keith M. Stern, Esq.
LAW OFFICE OF KEITH M. STERN, P.A.
2300 Glades Road, Suite 360W
Boca Raton, FL 33431
Telephone: (561) 299-3703
Facsimile: (561) 288-9031
E-mail: employlaw@keithstern.com
PSJ INC: "Martinica" Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Aracely Martinica v. P.S.J. Inc. d/b/a Lucky Meats II, Hugo
Ramirez, Lee Souling, Case No. 34452549 (Fla. 11th Ct., November
13, 2015) seeks to recover unpaid overtime wages and damages
pursuant to the Fair Labor Standard Act.
The Defendants own and operate a butcher shop located at 291 W
Mowry Drive, Homestead, FL 33030.
The Plaintiff is represented by:
Anthony M. Georges-Pierre, Esq.
REMER & GEORGES-PIERRE, P L LC
44 West Flagler St., Suite 2200
Miami, FL 33130
Telephone: (305) 416-5000
Facsimile: (305) 416-5005
E-mail: agp@rgpattorneys.com
R&L INVESTMENTS: Faces "Dominguez" Suit Over FLSA Violation
-----------------------------------------------------------
Diego Dominguez, and all others similarly situated v. R&L
Investments II, LLC, Case No. 0:15-cv-62295 (S.D. Fla., October
30, 2015), is brought against the Defendant for failure to pay
overtime in violation of the Fair Labor Standards Act.
The Defendant is an investor located in Miramar, Florida.
The Plaintiff is represented by:
David Markel, Esq.
THE MARKEL LAW FIRM
777 Brickell Avenue Suite 500
Miami, FL 33131
Tel: (305) 458-1282
Fax: (800)-407-1718
E-mail: David.Markel@markel-law.com
RBD STAFFING: "White" Suit Alleges FCRA Violation
-------------------------------------------------
Jasmine White, and all others similarly situated v.RBD Staffing,
Inc. dba Salesmakers, and Sprint Communications Co., L.P., Case
No. 2:15-cv-08519 (C.D. Calif., October 30, 2015), seeks
compensatory and punitive damages due to Defendants' violation of
the Fair Credit Reporting Act, Investigative Consumer Reporting
Agencies Act and California's Unfair Competition Law.
Defendant RBD was and is a Florida corporation with its principal
place of business in St. Petersburg, Florida.
Defendant Sprint was and is a Kansas limited partnership and
wholly owned subsidiary of Sprint Corporation, with its principal
place of business in Overland Park, Kansas.
Sprint contracts with RBD for assistance in staffing employees on
Sprint projects and shares and/or approves certain hiring criteria
with RBD and also advises RBD of the conditions that would
disqualify a potential employee from being placed on a Sprint
project.
The Plaintiff is represented by:
Anthony J. Orshansky, Esq.
COUNSELONE, P.C.
9301 Wilshire Boulevard, Suite 650
Beverly Hills, CA 90210
Tel: (310) 277-9945
Fax: (424) 277-3727
E-mail: anthony@counselonegroup.com
SAMSUNG ELECTRONICS: "Ray" Suit Alleges Warranty Act Violation
--------------------------------------------------------------
Charlene Kay Ray, and all others similarly situated v. Samsung
Electronics America, Inc. and Samsung Electronics Co., Ltd., Case
No. 1:15-cv-08540 (S.D.N.Y., October 30, 2015), seeks declaratory
and injunctive relief against the Defendants for breach of implied
warranty of merchantability and breach of express warranty in
violation of the Magnuson Moss Warranty Act.
The Plaintiff brings this class action complaint on behalf of
owners who purchased a very specific group of unsafe and uniformly
defective washing machines.
Defendant Samsung Electronics Co., Ltd. is a South Korean
multinational conglomerate company located in Seoul, South Korea.
Defendant Samsung Electronics America, Inc. is a wholly-owned
subsidiary of Samsung Electronics Co., Ltd., incorporated in New
York, with its headquarters in Ridgefield Park, New Jersey.
Samsung is a major manufacturer of consumer appliances, including
washing machines, which it distributes throughout the United
States.
The Plaintiff is represented by:
Benjamin David Elga, Esq.
CUNEO GILBERT & LADUCA, LLP
16 Court St., Ste 1012
Brooklyn, NY 11241
Tel: (202) 789-3960
Fax: (202) 789-1813
E-mail: belga@cuneolaw.com
- and -
Clayton D. Halunen, Esq.
HALUNEN LAW
80 South Eighth Street
Minneapolis, MN 55402
Tel: (612) 605-4098
Fax: (612) 605-4099
E-mail: halunen@halunenlaw.com
- and -
Edward A. Wallace, Esq.
WEXLER WALLACE LLP
55 West Monroe St., Suite 3300
Chicago, IL 60603
Tel: (312) 346-2222
Fax: (312) 346-0022
E-mail: eaw@wexlerwallace.com
- and -
Charles J. LaDuca, Esq.
CUNEO GILBERT & LADUCA, LLP
8120 Woodmont Avenue, Suite 810
Bethesda, MD 20814
Tel: (202) 789-3960
E-mail: charles@cuneolaw.com
SEGUE CONSTRUCTION: Judge Consolidates Berkeley Tragedy Suits
-------------------------------------------------------------
RTE News reports that a California court has agreed to treat all
of the lawsuits being brought by the families and survivors of the
Berkeley tragedy as one unit for the preliminary legal
proceedings.
Judge George Hernandez at the US Superior Court of California in
Oakland also declared the cases to be complex, so they will
receive special treatment by the courts system.
Legal papers have now been served on the 35 companies that the
group is suing on Dec. 18.
Four of those companies, including the Segue Construction company,
were represented in court on Dec. 14 by way of attorneys making a
"special appearance", meaning they were there to observe
proceedings but have not yet officially accepted the case.
Judge Hernandez said the cases were complex and merited special
designation as such.
He said he was granting the request to have them consolidated and
even if the lawyers had not asked for such treatment, the court
would have done it anyway.
He said it "makes sense" for one judge to deal with the matters
all together.
The 13 cases will be now moved to another courtroom and dealt with
together by Judge Brad Seligman.
They will, however, be separated out again when they get to the
point of trial by jury to determine damages.
However, it is anticipated that it could be 18 months to two years
before any trials begin.
The consolidated cases will now appear before the new judge for
case management on 8 January of next year.
The parents of the six young people who were killed after the
balcony collapse have filed wrongful death lawsuits against 35
companies, including the owners of the Library Gardens apartment
complex, the developers, contractors, designers and materials
suppliers.
The seven who were injured in the collapse have filed separate
lawsuits for damages for personal injuries.
The criminal investigation being carried out by the District
Attorney of Alameda is ongoing.
Lawyers representing the injured and the bereaved Berkeley
families welcomed the court's decision to combine the 13 cases,
saying it was an important step forward on the path to justice.
The lawyers had requested the consolidation of the cases because
it will streamline the process and avoid a lot of replication of
legal orders and motions.
It should reduce stress on those involved and speed up what will
be quite a drawn-out process.
Thirteen young people who were celebrating the 21st birthday of
one of the injured, Aoife Beary, were standing on the balcony when
it gave way on the night of June 16.
Eimear Walsh, Olivia Burke, Ashley Donohoe, Eoghan Culligan,
Lorcan Miller, and Niccolai Schuster all lost their lives when the
fourth floor balcony collapsed beneath them.
In addition to Ms. Beary, Hannah Waters, Clodagh Cogley, Sean
Fahey, Conor Flynn, Jack Halpin and Niall Murray were all also
injured.
SOUFUN HOLDINGS: Faces Suit Over Exchange Act Violations
--------------------------------------------------------
L & G Rubin Family Trust, and all others similarly situated v.
SouFun Holdings Limited, Vincent Tianquan Mo and Lanying Guan,
Case No. 2:15-cv-08508 (C.D. Calif., October 30, 2015), is brought
against the Defendants for making false and/or misleading
statements in violations of the Securities Exchange Act.
The Defendant SouFun is purportedly the leading real estate
Internet portal in the People's Republic of China. SouFun is
headquartered in Beijing, China and maintains an office at F9M,
Building 5, Zone 4, Hanwei International Plaza, No. 186 South 4th
Ring Road, Fengtai District, Beijing 100160. Its ADS trade on NYSE
under the ticker symbol "SFUN."
The Individual Defendants are the officers of SouFun.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 S. Grand Avenue, Suite 2450
Los Angeles, CA 90071
Tel: (213) 785-2610
Fax: (213) 226-4684
E-mail: lrosen@rosenlegal.com
SOUTH AFRICA: DTI Faces Class Action Threat Over Incentive Program
------------------------------------------------------------------
Mark Allix, writing for BDlive, reports that the Department of
Trade and Industry is being threatened with a class action lawsuit
by about 125 small and medium-sized manufacturers who say
incentives they applied for from the R5 billion Manufacturing
Competitiveness Enhancement Programme have been rejected
arbitrarily.
This follows the department's change of the empowerment rules for
applicants last year, "without prior notice to any person,
including manufacturers" who had made applications using the
criteria dated December 2012 -- and before the department said
that funds for the programme had been exhausted.
In October, the department announced the suspension of the
program's funding, saying the number of applications had "far
exceeded" the funds set aside for the program.
It said it would continue to honor "all approved applications" and
new ones would be accepted in April next year "pending (the)
availability of funds".
But consultants providing services for applicants for the
incentive programs had told their clients that the department had
said that if their applications had not yet been adjudicated, they
would receive a rejection letter.
Many companies applying for funds believe the real reason for the
program's suspension is that it is "poorly administered".
Malcolm Lyle, director of Chateau Gateaux in Durban, said the
company was seeking legal advice and intended to do all it could
to expose the department's "extraordinary inefficiency,
inconsistency and downright ignorance of the impact of their
actions on business".
The maker of frozen cakes and desserts employed 48 people six
years ago. Now it employs more than 250 workers after investing
R60 million in a new production facility.
Mr. Lyle said part of the justification for the investment was the
expected receipt of R8m in funding from the department. "We had
anticipated creating at least 500 more jobs over the next five
years. This will now be severely curtailed," he said.
Mr. Lyle said the department did not respond to applicants or
clarify their status for periods of more than 12 months.
"The failure of the department to monitor the total value of
applications on a regular basis meant that they were not in a
position to advise industry timeously of the end of the program.
Had they done this, industry would have been able to plan
accordingly.
"Under these circumstances, it is unacceptable to us that
applications submitted have been rejected. Our view is that
applications lodged should have been adjudicated and industry
should have been advised that no further applications would be
accepted," Lyle said.
He said a class action, being handled by law firm ENSafrica in
Johannesburg, was in progress against the department.
The manufacturing-enhancement program was introduced soon after
the 2008 global financial crisis to help manufacturers cope with
poor markets, secure higher levels of investment, raise
competitiveness and retain jobs.
It provided a cash grant to companies planning to upgrade
machinery or buildings, or to invest in training -- and was
heavily oversubscribed.
Pippa Reyburn, a director in ENSafrica's corporate commercial
department specializing in public-private partnerships and public
procurement, says to date the law firm has not instituted legal
action on behalf of the companies "in any court".
She said the "most material changes" stemming from last year's
amendments to the program rules related to the broad-based black
economic empowerment (B-BBEE) status of grant applicants.
"Prior to April 2014, applicants had to be level four contributors
under the department's codes of good practice, or have a plan to
get to level four within four years," Ms. Reyburn said.
"From April 2014, their plan had to get them to level four within
two years. The amended rules also stated that from June 1 2015,
they had to already be at level four to get approval.
"But there were many applications submitted prior to April 2014
which were compliant with the rules that existed when their
applications were submitted, but had not yet been adjudicated at
April 2014, and which did not meet -- or know about -- the
subsequent requirements at the time of application.
"We are still waiting for a response from the Department of Trade
and Industry to our representations and request for a meeting,"
she said.
The department's deputy director-general for incentive development
and administration, Malebo Mabitje-Thompson, denies they are
inconsistent.
"From the inception of the Manufacturing Competitiveness
Enhancement Programme in 2012, the department made it clear that
this program will also support transformation in the manufacturing
sector."
This was "captured" in the program's guidelines of 2012 and was
"consistently reiterated" in the April 2014 guidelines --
companies had to either have achieved B-BBEE level four, or had a
clear plan to reach that level within the incentive period.
Ms. Mabitje-Thompson said the department was "aware that some
consultancy companies guaranteed manufacturers incentive support".
She said: "We are requesting the investing public to be mindful
that the department only contracts with manufacturers after
applications are approved, and payment follows achievement of
agreed milestones."
Sam Waterson, manager at small plastics manufacturer Volume
Injection Products in East London, says the announcement that the
Manufacturing Competitiveness Enhancement Programme was suspended
had been met with "shock and disbelief".
"We have in good faith achieved our (empowerment level three)
ranking. We have sought asset finance to fund the company's
expansion, thus creating jobs in the Eastern Cape, where the
employment rate is disproportionately high," he said.
"In light of the cancellation of the application and all future
claims, the company can no longer justify our empowerment
commitments. Any future transformation will be viewed in this
light."
STREET CITY: Faces "Holbrook" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Christopher Holbrook, Kevin Gibboney, Douglas Parker, and Adam
Rogers v. Street City Logistics, Inc., Warren Distribution, Inc.,
and Does 1 through 10, Case No. 30-2015-00820078-CU-BT-CJC (Cal.
Super. Ct., November 13, 2015) is brought against the Defendants
for failure to pay overtime wages in violation of the California
Labor Code.
The Defendants operate a transportation company located in
Bellflower, California.
The Plaintiff is represented by:
Diane L. Mancinelli, Esq.
Zahra Aziz, Esq.
MENTIS LAW GROUP
14751 Plaza Drive, Suite J
Tustin, CA 92780
Telephone: (714) 734-8999
Facsimile: (714) 734-8669
E-mail: Diane@mentislaw.com
Zahra@mentislaw.com
TODAY'S MAINTENANCE: Sued Over Failure to Pay Minimum & OT Wages
----------------------------------------------------------------
Jose Daniel Rivas and Gloria Alicia Garcia v. Today's Maintenance
Service, Inc., Thomas D. Mortensen, and Daniel Velasquez, Case No.
RG15793078 (Cal. Super. Ct., November 13, 2015) is brought against
the Defendants for failure to pay minimum and overtime wages in
violation of the California Labor Code.
The Defendants operate a cleaning company with its principal place
of business at 6398 Dougherty Road,# 33, Dublin, CA 94568.
The Plaintiff is represented by:
Mark L. Venardi, Esq.
Martin Zurada, Esq.
VENARDI ZURADA LLP
700 Ygnacio Valley Road, Suite 300
Walnut Creek, CA 94596
Telephone: (925) 937-3900
Facsimile: (925) 937-3905
E-mail: mzurada@vefirm.com
TPG HOPITALITY: "Rosano" Suit Removed to Mass. Dist. Court
----------------------------------------------------------
The class action lawsuit styled Rhonda Rosano, on behalf of
herself and all others similarly situated v. TPG Hopitality, Inc.,
Case No. 15-01176, was removed from the Norfolk Superior Court to
the U.S. District Court District of Massachusetts (Boston). The
District Court Clerk assigned Case No. 1:15-cv-13645-DLC to the
proceeding.
The case asserts causes of action for violation of the Fair Labor
Standards Act.
TPG Hopitality, Inc. manages hospitality real estate and
properties across the United States.
The Plaintiff is represented by:
Brant Casavant, Esq.
Hillary A. Schwab, Esq.
FAIR WORK P.C.
192 South Street, Suite 450
Boston, MA 02111
Telephone: (617) 231-6777
Facsimile: (617) 488-2261
E-mail: brant@fairworklaw.com
hillary@fairworklaw.com
The Defendant is represented by:
Diane M. Saunders, Esq.
OGLETREE DEAKINS NASH SMOAK & STEWART
One Boston Place
Suite 3220
Boston, MA 02108
Telephone: (617) 994-5704
Facsimile: (617) 994-5701
E-mail: diane.saunders@ogletreedeakins.com
U.S. PARKING: Faces "Diaz" Suit Over FLSA Violations
----------------------------------------------------
Enrique Diaz, and all others similarly situated v. U.S. Parking,
Inc. and Joseph Padovano, Case No. 1:15-cv-24075 (S.D. Fla.,
October 30, 2015), seeks to recover monetary damages, liquidated
damages, interests, costs and attorney's fees for willful
violations of minimum wages and overtime pay under the Fair Labor
Standards Act.
The Defendants own and operate a company that provides valet
parking services.
The Plaintiff is represented by:
Daniel T. Feld, Esq.
LAW OFFICE OF DANIEL T. FELD, P.A.
20801 Biscayne Blvd., Suite 403
Aventura, FL 33180
Tel: (786) 923-5899
E-mail: DanielFeld.Esq@gmail.com
- and -
Isaac Mamane, Esq.
MAMANE LAW LLC
1150 Kane Concourse, Second Floor
Bay Harbor Islands, FL 33154
Tel: (305) 773-6661
E-mail: mamane@gmail.com
UBER: Seattle Set to Vote on Collective Bargaining Issue
--------------------------------------------------------
Phuong Le, writing for Associated Press, reports that Seattle may
soon become the first city to let drivers of ride-hailing
companies such as Uber and Lyft collectively bargain over pay and
working conditions, a move opposed by the companies and one seen
as a test case for the changing 21st century workforce.
The city council was set to vote on Dec. 14 on whether to extend
collective bargaining rights for drivers of taxis, for-hire
transportation companies and app-based ride-hailing services that
are part of the growing on-demand economy.
A national leader on workers' rights, Seattle was among the first
cities to pass laws to gradually raise the minimum wage to $15 and
require most employers to provide paid sick leave.
But Councilmember Mike O'Brien says for-hire drivers as
independent contractors are excluded from such protections. He
wants to take the next step in the fight for workers' rights and
give them a say in their working conditions. Independent
contractors aren't covered by the National Labor Relations Act,
which allows for collective bargaining.
Many drivers in Seattle are immigrants who depend on full-time
work, but some make less than minimum wage and don't have basic
worker rights, such as sick leave or protection from retaliation,
O'Brien said.
"This feels like the right thing to do," said Mr. O'Brien, who
expects a legal fight if the measure passes. "We don't take legal
challenges lightly, but we recognize that businesses sue when they
disagree with our policies."
San Francisco-based Uber and others say federal labor law prevents
cities from regulating collective bargaining for independent
contractors, and the ordinance would violate federal antitrust
laws by allowing independent transportation providers to conspire
to artificially drive up transportation costs.
"The ordinance is puzzling because I think it's generally believed
to be flatly illegal what they're trying to do, and I assume the
courts will look at that if it were to be successful," said Uber
chief adviser David Plouffe, who ran President Barack Obama's 2008
campaign, during a recent talk in Seattle.
Samuel Estreicher, a law professor at New York University, said
that if the drivers aren't considered as employees under federal
labor law, there's no serious argument over whether that law pre-
empts the city ordinance.
He said the bigger issue concerns antitrust laws, including
whether independent businesses getting together to bargain
constitutes an antitrust violation.
"There's a lot of agitation over the on-demand workforce,"
Mr. Estreicher said. Technology has made it easier to get
services from people who are not classically controlled by
employers, but the concern on the labor side is whether such
workers are going to be protected, he noted.
"If the Seattle ordinance survives challenge, we'll see it in a
lot of cities," he added.
Lea Vaughn, a University of Washington law professor, agrees with
the ride-hailing companies that federal labor law would pre-empt
the city ordinance. She raised a broader issue of whether the
current labor law written for an industrial economy is well-suited
for the new sharing economy.
Uber is currently facing a class-action lawsuit in federal court
in California over worker classification. The plaintiffs named in
the suit say they are Uber employees, not independent contractors,
and have been shortchanged on expenses and tips.
Uber has about 400,000 drivers nationwide with about 10,000 in
Seattle. Its rival, Lyft, also has thousands of drivers in
Seattle but declined to give a specific number.
"We believe the proposed ordinance threatens the privacy of
drivers, imposes substantial costs on passengers and the city, and
conflicts with longstanding federal law," Lyft spokeswoman Chelsea
Wilson said in a statement.
Uber says drivers have flexibility in deciding when they work and
how many hours, and many chose to drive to supplement their
income. Drivers don't have a say in rate changes, can be
deactivated at will and don't have access to worker protections
such as sick leave and minimum wage laws, Dawn Gearhart, a
representative with Teamsters Local 117.
Under the proposed ordinance, the city will give certified
nonprofits organizations a list of eligible drivers at each
company, and the groups must show that a majority of drivers of
each company want representation. Those organizations would then
bargain on behalf of those drivers.
Michael Palmer, 55, who has been driving for Uber for 1 1/2 years,
said he's divided.
"Unions always have been a good thing in any business. It helps
with having a voice," said Palmer, who drives about 50 hours a
week. "But I don't know if a union would work for something like
Uber."
"Are we employees or partners? We don't get treated as partners,"
said Fasil Teka, 40, who drives part time for Uber and works full
time for a for-hire company. "We have no way to negotiate with
Uber."
"The only way we can achieve what we deserve as a driver is by
working together," he said.
UBER TECHNOLOGIES: Judge Expands Drivers' Employment Status Suit
----------------------------------------------------------------
Laura Mandaro, writing for USA TODAY Network, reports that a
class-action lawsuit against Uber over its designation of drivers
is already impacting start-ups with on-demand workforces, says
Wayne Sutton, a general partner at accelerator BUILDUP, who works
with many early-stage tech companies.
On Dec. 9, a federal judge expanded the pool of plaintiffs who
could be included in the suit. Uber drivers bringing the suit
contend they are employees, not independent contractors.
"This is a really big issue and a lot of people are starting to
make changes so it doesn't happen to them," Mr. Sutton said in a
podcast with USA TODAY reporters and Bill Romanowski, a former
pro-football player who joined the podcast to talk about football
and the upcoming movie Concussion.
It's not clear whether the suit will curb Uber's momentum, which
seems unshakeable after another fundraising round valued the
privately held company at over $62 billion.
UNIRUSH LLC: "Huff" Suit Alleges Fraud and Deceptive Practices
--------------------------------------------------------------
Ivy Huff, John Golden, Latayqa Little, Jackie Brown, Mnemosyne
Collier, Stephanie Walton, Akil Patterson, William Townsend, and
all others similarly situated v. Unirush, LLC dba Unirush
Financial Services; Rush Communications, LLC; Rush Communications
of NYC, Inc.; Metabank; Meta Financial Group, Inc.; and Mastercard
Inc., Case No. 2:15-cv-02253 (E.D. Calif., October 30, 2015), seek
damages and declaratory relief against the Defendants' alleged
fraudulent and deceptive business practices.
The Defendants represent to consumers that by enrolling with their
RushCard prepaid debit card services, consumers will enjoy a safe
and reliable way to manage their money. However, RushCard accounts
are not safe and protected as promised by Defendants, and
Defendants have unlawfully converted Plaintiffs' and Class
members' monies while imposing monthly fees on consumers for their
RushCard services. RushCard customers across the nation have been
unlawfully denied access to their funds and are unable to pay
bills or even purchase groceries and everyday necessities.
Defendant UniRush, LLC, dba UniRush Financial Services is a
Delaware limited liability company with its principal place of
business at 10625 Techwoods Circle, Cincinnati, Ohio. UniRush
provides prepaid Visa debit cards in the United States. Its
prepaid debit cards are used to deposit money, withdraw cash, make
purchases, shop online, and pay bills.
Defendants Rush Communications, LLC, and Rush Communications of
NYC, Inc. are controlled by Russell Simmons and, upon information
and belief, are agents and/or principals of each other. Rush
Communications, LLC is the holding company for UniRush.
Defendant MetaBank is a federally charted savings bank with its
principal place of business in Storm Lake, Iowa. MetaBank issues
the prepaid RushCards.
Defendant Meta Financial Group, Inc. is a Delaware corporation
with its principal place of business located at 5501 South
Broadband Lane, Sioux Falls, South Dakota. Meta Financial Group,
Inc. is the holding company for MetaBank.
Defendant MasterCard Inc. is a company with its principal place of
business located at 2000 Purchase Street, Purchase, NY. MasterCard
Inc. provides transaction processing and other payment-related
products and services in the United States and internationally.
MasterCard's Integrated Processing Solutions unit was used to
upgrade the RushCard on October 12, 2015.
The Plaintiffs are represented by:
Michael McShane, Esq.
AUDET & PARTNERS, LLP
711 Van Ness Ave., Ste. 500
San Francisco, CA 94102
Tel: (415) 568-2555
E-mail: mmcshane@audetlaw.com
- and -
Charles J. LaDuca, Esq.
CUNEO GILBERT & LADUCA, LLP
8120 Woodmont Ave., Ste. 810
Bethesda, MD 20814
Tel: (202) 789-3960
E-mail: charles@cuneolaw.com
- and -
Erica C. Mirabella, Esq.
MIRABELLA LAW, LLC
132 Boylston St., 5th Flr.
Boston, MA 02116
Tel: (617) 580-8270
E-mail: erica@mirabellallc.com
UNIRUSH LLC: Faces "Peterkin" Suit Over Fund Misappropriation
-------------------------------------------------------------
Marah Peterkin, and all others similarly situated v. Unirush, LLC
dba Unirush Financial Services; Rush Communications, LLC; Rush
Communications of NYC, Inc.; Metabank and Meta Financial Group,
Inc., Case No. 1:15-cv-08573 (S.D.N.Y., November 2, 2015), seeks
damages and injunctive relief based upon Defendants' unlawful
conduct in denying Plaintiff and other similarly situated Account
Holders the ability to obtain funds in their RushCard accounts and
in misappropriating funds held in the RushCard accounts.
The Plaintiff alleges that the Defendants have prevented Plaintiff
and members of the class from accessing their protected assets
used to purchase items such as food and clothing, and to satisfy
their housing and car payments.
Defendant UniRush, LLC, dba UniRush Financial Services is a
Delaware limited liability company with its principal place of
business at 10625 Techwoods Circle, Cincinnati, Ohio. UniRush
provides prepaid Visa debit cards in the United States. Its
prepaid debit cards are used to deposit money, withdraw cash, make
purchases, shop online, and pay bills.
Defendants Rush Communications, LLC, and Rush Communications of
NYC, Inc. are controlled by Russell Simmons and, upon information
and belief, are agents and/or principals of each other. Rush
Communications, LLC is the holding company for UniRush.
Defendant MetaBank is a federally charted savings bank with its
principal place of business in Storm Lake, Iowa. MetaBank issues
the prepaid RushCards.
Defendant Meta Financial Group, Inc. is a Delaware corporation
with its principal place of business located at 5501 South
Broadband Lane, Sioux Falls, South Dakota. Meta Financial Group,
Inc. is the holding company for MetaBank.
The Plaintiff is represented by:
Hunter Shkolnik, Esq.
NAPOLI SHKOLNIK PLLC
1301 Avenue of the Americas, 10th Floor
New York, NY 10019
Tel: (212) 397-1000
E-mail: hunter@napolilaw.com
- and -
Lewis Eidson, Esq.
COLSON HICKS EIDSON
225 Alhambra Circle, Penthouse
Coral Gables, FL 33134
Tel: 305-467-7400
E-mail: luly@colson.com
UNITED HEALTHCARE: "Riederer" Suit Alleges FLSA Violation
---------------------------------------------------------
Sandra Riederer, and all others similarly situated v. United
HealthCare Services, Inc., Case No. 1:15-cv-01292 (E.D. Wis.,
October 30, 2015), is brought against the Defendant for failure to
pay overtime wages in violation of the Fair Labor Standards Act
and Wisconsin wage and hour laws.
United HealthCare Services, Inc. provides health plans. The
company offers various health plans and benefits, including
employer group health plans, individual health plans, Medicare
plans, Medicaid and state-sponsored plans, ancillary and specialty
benefits, pharmacy benefits, and group retiree solutions, as well
as public sector, labor, and education solutions.
The Plaintiff is represented by:
Summer H. Murshid, Esq.
Hawks Quindel, S.C.
222 East Erie St., Ste 210
P.O. Box 442
Milwaukee, WI 53201-0442
Tel: (414) 271-8650
Fax: (414) 271-8442
E-mail: smurshid@hq-law.com
UNITED RECOVERY: Accused of Wrongful Conduct Over Debt Collection
-----------------------------------------------------------------
Karen Shlomo, also known as: Karen Yosef, on behalf of herself and
all others similarly situated v. Corrections Officers John Does 1-
25 and United Recovery Systems, LP, Case No. 1:15-cv-06137-KAM-RLM
(E.D.N.Y., October 26, 2015) seeks to stop the Defendant's unfair
and unconscionable means to collect a debt.
United Recovery Systems, LP operates a financial service company
in New York.
The Plaintiff is represented by:
Alan J. Sasson, Esq.
LAW OFFICE OF ALAN J. SASSON, P.C.
2687 Coney Island Avenue, 2nd Floor
Brooklyn, NY 11235
Telephone: (718) 339-0856
Facsimile: (347) 244-7178
E-mail: alan@sassonlaw.com
UNITIL CORP: Ice Storm Power Failure Suit Hearing Set for February
------------------------------------------------------------------
Rebecca Leonard, writing for Sentinel Enterprise, reports that
Seven years after a devastating ice storm left many residents
without power or heat for up to two weeks, memories of the event's
damage remain vivid.
After the storm, residents of Fitchburg, Ashby, Lunenburg and
Townsend were enraged by the service provided by Unitil Corp., the
parent company of Fitchburg Gas & Electric Light Co., and filed a
class-action lawsuit against the utility.
"It's about their gross failures that resulted in people being
without power for two weeks " said Cathy Clark, a Lunenburg
resident who has been organizing against the company since the ice
storm with a group known as Get Rid of Unitil.
After receiving calls from Unitil customers complaining about poor
service from the company -- ranging in severity from a loss of
groceries to lost wages and damage to their homes -- then-Attorney
General Martha Coakley's office launched an investigation of
Unitil and other utility companies in the area.
Ms. Coakley's report found the company "reflected a lack of
investment in modern Outage Management Systems, a lack of accurate
and timely communications with its customers . . . and an
inability to properly organize the massive influx of assistance
required to accomplish a reasonably timed restoration."
Alec O'Meara, media relations manager for Hampton, N.H.-based
Unitil, said since the storm the company's philosophy is "one of
continuous improvement.
"After each one (of the weather events after the ice storm) we
have implemented new things and further refined our emergency
response plan," said Ms. O'Meara.
Ms. Clark said she heard at the end of July the lawsuit was
certified to proceed into Superior Court.
A judge must certify class-action lawsuits to show that the
plaintiffs are a class with similar grievances and that it is
impractical for them to sue individually.
"It has been many years, but it does represent some justice with
specific regard to (the failures)," said Ms. Clark.
But it hasn't been easy for the lawsuit to get to this point.
In 2009, 12 residential and business customers filed the suit to
seek damages from Unitil for "failing to spend sufficient sums of
money to adequately maintain and manage its systems, have an
adequate vegetation and/or tree cutting program and properly
respond to a serious storm and resulting power outage."
According to Unitil's appeal, filed Nov. 10, 2009, the suit was
denied, as were several more attempts to seek damages.
Ms. O'Meara said the company's most recent appeal, against
certification of the suit, has been approved to be heard by the
state Supreme Judicial Court.
According to Ms. Clark, Unitil attempted to change the language of
part of the lawsuit, which said they could be "removed from the
service territory," which the judge denied.
Ms. Clark said the next session for the suit is scheduled for the
first week of February.
"People have lost faith," said Ms. Clark, "but they shouldn't lose
faith in this court case."
The frustration of Unitil's customers has sparked new support for
a bill first filed 14 years ago that would allow a community to
form a municipal electric utility. The bill, dubbed the Muni-
Choice Bill, has been introduced in the Statehouse eight times and
died seven times, according to the Massachusetts Alliance for
Municipal Electric Choice website.
However, according to the website, Fitchburg state Rep. Stephen
DiNatale "led 18 state legislators in refiling the Muni Choice
Bill for the eighth time for the 2015-16 legislative session."
According to Patrick Mehr of the Massachusetts Alliance, the bill
was before the Joint Telecommunications, Utilities and Energy
Committee in October, but he hasn't been contacted about where it
stands now.
The Muni Choice Bill would change the current law governing energy
infrastructure, which binds communities into a monopoly of utility
services, according to Mr. Mehr.
Fitchburg City Councilors Stephan Hay and Dean Tran, who have both
declared themselves as candidates for the state representative
seat being vacated by DiNatale after he is sworn in as mayor, said
they support the bill.
According to Mr. Hay, the state needs to help find alternatives to
the city's energy suppliers.
Mr. Tran said, he "wholeheartedly supports the bill" and said the
last time a community developed a municipal electric utility was
in 1927.
"This bill would allow communities to have low and reliable
rates," said Mr. Tran, "and I'm quite happy more representatives
have signed on to it."
The state has 41 "munis" serving 15 percent of the Massachusetts
population, according to the Massachusetts Alliance for Municipal
Electric Choice website.
Ms. O'Meara pointed to a Department of Energy Resources municipal
utility report conducted in January 2010. The report was meant to
gauge if a "muni" was practical in Massachusetts.
According to the report, "it does not draw any broad conclusions
on whether municipal utilities are preferred to (investor-owned
utilities)" such as Unitil.
Ms. O'Meara said municipal utilities that were close to Unitil's
service area showed their process "was completed in roughly the
same period of time as Unitil," after major storms in the last
seven years.
Since the ice storm, residents throughout both the city and the
Northeast have done what they can to better prepare in the event
of another destructive storm.
Tom St. Pierre, manager of the Aubuchon Hardware in Fitchburg,
said the aftereffects of the storm lasted more than a month, even
after the power was restored.
St. Pierre said the storm made people "very nervous" and they
never wanted to be caught without necessities again.
"We were selling generators as fast as we could get them during
the storm," said St. Pierre. "But with that, we were also selling
batteries, flashlights, gas cans, even chains and padlocks."
Charlie Aubuchon, vice president of distribution center operations
at Westminster-based Aubuchon Hardware, said the amount of
generator sales has increased dramatically.
Before 2008, Mr. Aubuchon said, the company sold very few
generators, but now sales have increased so much that Aubuchon
carries a second brand besides Honda to meet demand.
"We've had so many incidents of bad weather since the ice storm,"
said Mr. Aubuchon, "People want to be ready."
VALEANT PHARMACEUTICALS: Sued Over Misleading Financial Reports
---------------------------------------------------------------
Lihao Chen, individually and on behalf of all others similarly
situated v. Valeant Pharmaceuticals International, Inc., J.
Michael Pearson, Howard B. Schiller, and Robert L. Rosiello, Case
No. 3:15-cv-07679-MAS-LHG (D.N.J. October 23, 2015) alleges that
the Defendants made false and misleading statements, as well as
failed to disclose material adverse facts about the Company's
business, operations, and prospects.
Valeant Pharmaceuticals International, Inc. operates a
pharmaceutical company that develops, manufactures, and markets
pharmaceuticals, over-the-counter products, and medical devices
worldwide.
The Plaintiff is represented by:
Laurence Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
609 W. South Orange Avenue, Suite 2P
South Orange, NJ 07079
Telephone: (973) 313-1887
Facsimile: (973) 833-0399
E-mail: lrosen@rosenlegal.com
VOLKSWAGEN GROUP: "Culture of Misconduct" Disclosure to Boost Case
------------------------------------------------------------------
Alan Tovey, writing for The Telegraph, reports that Volkswagen's
admission of a decade-long culture that tolerated misconduct
strengthens a EUR40 billion legal claim it is facing over the
emissions scandal.
The German car group faces the record-breaking class action being
organised by legal funding group Bentham over losses investors
have suffered as a result of VW deliberately cheating pollution
controls.
Revealing early findings of probes into how the scandal took
place, VW chiefs said that as early as 2005 a "culture of
misconduct" existed at the auto maker, meaning that when engineers
could not meet pollution targets they took the decision to cheat
the tests.
Bentham is funding bringing together VW investors to launch a
joint claim to recover losses they have suffered not just from the
car giant's share price crash, but also for damages because they
might not have invested in the company had they known of the depth
of deception going on inside it.
Jeremy Marshall, chief investment officer at Bentham, said: "A
catalogue of disasters lasted for a decade and should have been
allowed to happen and they should have looked into it. It
strengthens the action."
The case against VW is expected to be brought in Germany and is
set to argue that the company's failure to reveal the use of
defeat devices constitutes gross negligence.
VOLKSWAGEN GROUP: Faces Saturn Suit in Fla. Over Defeat Devices
---------------------------------------------------------------
Saturn Southwest Florida, LLC, individually and on behalf of all
others similarly situated v. Volkswagen Group of America, Inc., et
al., Case No. 2:15-cv-00656-SPC-MRM (M.D. Fla., October 22, 2015)
arises out of the Defendant's alleged installation of defeat
devices to 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:
Jason W. Graham, Esq.
Eric L. Jensen, Esq.
Zachary Lewis, Esq.
GRAHAM & JENSEN, LLP
17 Executive Park Drive, Suite 115
Atlanta, GA 30329
Telephone: (404) 842-9380
Facsimile: (678) 904-3110
E-mail: jGraham@GrahamJensen.com
eJensen@GrahamJensen.com
zlewis@GrahamJensen.com
mmeyer@GrahamJensen.com
VOLKSWAGEN GROUP: Faces "Christiana" Suit Over Defeat Devices
-------------------------------------------------------------
Charles J. Christiana, individually and on behalf of all others
similarly situated v. Volkswagen Group of America, Inc., Case No.
2:15-cv-07683-JLL-JAD (D.N.J., October 23, 2015) arises out of the
Defendant's alleged installation of Defeat devices to
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:
James E. Cecchi, Esq.
Lindsey H. Taylor, Esq.
CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
- and -
Christopher A. Seeger, Esq.
Jeffrey S. Grand, Esq.
Scott Alan George, Esq.
SEEGER WEISS LLP
77 Water St., 26th Fl.
New York, NY 10005
Telephone: (212) 584-0700
E-mail: cseeger@seegerweiss.com
jgrand@seegerweiss.com
george@seegerweiss.com
VOLKSWAGEN GROUP: Faces "Clark" Suit in Minn. Over Defeat Devices
-----------------------------------------------------------------
Alexa Clark, Andrew M. Knoernschild, Matthew Mulvahill, and Terry
White, individually, and on behalf of all others similarly
situated v. Volkswagen Group of America, Inc., et al., Case No.
0:15-cv-03924-DWF-JJK (D. Minn., October 23, 2015) arises out of
the Defendants' alleged installation of illegal "defeat devices"
in over 482,000 diesel Volkswagen and Audi vehicles powered by a
purported 2.0 Liter "Clean Diesel" engine.
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:
Bryan L. Bleichner, Esq.
Francis J. Rondoni, Esq.
Jeffrey D. Bores, Esq.
CHESTNUT CAMBRONNE PA
17 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: bbleichner@chestnutcambronne.com
frondoni@chestnutcambronne.com
jbores@chestnutcambronne.com
- and -
W. Daniel "Dee" Miles III, Esq.
Archie I. Grubb II, Esq.
H. Clay Barnett, Esq.
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C.
218 Commerce Street
Montgomery, AL 36104
Telephone: (334) 269-2343
Facsimile: (334) 954-7555
E-mail: dee.miles@beasleyallen.com
archie.grubb@beasleyallen.com
clay.barnett@beasleyallen.com
*********
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