CAR_Public/160112.mbx              C L A S S   A C T I O N   R E P O R T E R

             Tuesday, January 12, 2016, Vol. 18, No. 7


                            Headlines


AMERICAN ELDERCARE: Sued Over Failure to Pay Overtime Wages
AMERICAN GENERAL: "Carter" Class Suit Removed to E.D. Texas
APPLE INC: Judge Ends Class Suit, Saying Plaintiffs Were Puppets
AVVO INC: Illegally Advertises Class Members' Profile, Suit Says
BENQ CORP: Settlement Fairness Hearing Set for April 14

BIRMINGHAM WATER: "Isom" Suit Seeks to Recover Unpaid Overtime
BLUE CROSS: Quality Dialysis Alleges Violation of Antitrust Law
BRENNAN & CLARK: Illegally Collects Debt, "Lieufatt" Suit Says
CAVALRY PORTFOLIO: Illegally Collects Debt, Action Claims
CARNEGIE PARK: Sued Over Lease Renewal and Protection Policies

CHICAGO: Law Students Aid Victims of Decades-Old Police Torture
CHIP-TECH: Capacitor Price-Fixing Class Action Narrowed
CITIGROUP: Judge Accepts Settlement of $1.1-Bil. for Bond Losses
COLLINS ASSET: Accused of Wrongful Conduct Over Debt Collection
CONWAY, AK: To Appeal Status of Police, Firefighter Suit

CSX INTERMODAL: "Ledesma" Class Suit Removed to S.D. California
DELIVERY DUDES: Faces "Attai" Suit Over Failure to Pay Overtime
ERBA DIAGNOSTICS: Sued in Fla. Over Misleading Financial Reports
FACEBOOK INC: $20 Million Privacy Settlement Clears 9th Cir.
FITBIT: Fitness Trackers Are Inaccurate, Suit Says

GELATO FRESCO: Recalls Toasted Hazelnut Dairy Ice Cream
GIRARDIN: Recalls MBII School Buses Due to Non-compliance
GLEN ECHO: Recalls Inverloch Cheddar Cheese Due to Listeria
GLEN ECHO: Expands Inverloch Cheddar Cheese Recall
GLOBAL CREDIT: Accused of Wrongful Conduct Over Debt Collection

GOSHEN: Recalls Multiple Bus Models Due to Injury Risk
GOT CAPITAL: Korea Week Class Suit Removed to E.D. Pennsylvania
GUADALAJARA OF HUNTSVILLE: "Ortega" Suit Alleges FLSA Violation
HONEY & Q: Recalls Multiple Honey Products
HYUNDAI: Recalls Certain 2013, 2014 & 2015 Vehicle Models

INTERNATIONAL: Recalls Multiple Vehicle Models Due to Crash Risk
JAYCO: Recalls Eagle HT Fifth Wheel Trailer 2016 Models
LAND GUARDIAN: Bartenders, Waiters Allege Violation of FLSA
LASER GENTLE: Fails to Pay Employees Overtime, "Weiner" Suit Says
LEICA BIOSYSTEMS: Recalls Polymer Refine Red Detection Kits

LEOPOLD & ASSOCIATES: Illegally Collects Debt, "Wilner" Suit Says
LOBLAW COMPANIES: Recalls Joe Fresh Baby Jackets
LOBLAW COMPANIES: Recalls Pumpkin Filled Egg Pasta Due to Cashew
MADISON PARK: Faces "Ellis" Suit in California Over Unit Defects
MADISON PARK: Faces "Terbolizard" Suit in Cal. Over Unit Defects

MATCHBOX LLC: Doesn't Properly Pay Employees, "Daniels" Suit Says
MAXIM HEALTHCARE: Faces "Fields" Suit Over Failure to Pay OT
MAXIM HEALTHCARE: Faces "Hamilton" Suit Over Failure to Pay OT
MAXIM HEALTHCARE: Faces "James" Suit Over Failure to Pay Overtime
MAXIM HEALTHCARE: Faces "Pappas" Suit Over Failure to Pay OT

MAXIM HEALTHCARE: Faces "Sapp" Suit Over Failure to Pay Overtime
MAXIM HEALTHCARE: Faces "Shenefield" Suit Over Failure to Pay OT
MAXIM HEALTHCARE: Faces "Terrell" Suit Over Failure to Pay OT
MEXICAN RADIO: "Fagoth" Suit Seeks to Recover Unpaid Overtime
MIA HOSPITALITY: Faces "Garcia" Suit Alleging FLSA Violation

NATIONIAL BUREAU: Illegally Collects Debt, "Selma" Suit Claims
NATIONAL RECOVERY: Illegally Collects Debt, "Kaufman" Suit Says
NATIONSTAR MORTGAGE: Illegally Collects Debt, Action Claims
NEW YORK: Found to Have Negligently Destroyed Suit Docs
OLD FASHIONED: "McNamee" Class Suit Removed to E. D. Missouri

RAILROAD SIGNAL: Fails to Pay Employees OT, "Garza" Suit Says
SAIGON GRILL: Faces "Garcia" Suit Over Failure to Pay Overtime
SESTWON PIZZA: Faces Suit in N.Y. Alleging FLSA, NYLL Violation
SIDEWINDER DRILLING: Faces "Harvill" Suit Alleging FLSA Violation
SOUTHERN CALIFORNIA GAS: Sued Over Porter Ranch Gas Leak

SPARTAN ENERGY: Faces "Lopez" Suit Seeking Overtime Compensation
SYMANTEC CORPORATION: "Horsfield" Suit Removed to S.D. New York
UBER TECHNOLOGIES: Boston Atty Sues on Behalf of Excluded Drivers
VAALCO ENERGY: 'Everyone Does It' Defense Rejected in Class Action
VOLKSWAGEN: HR 1927 Affects Vehicle Owners' Cases

VOLKSWAGEN AG: Franchisees Skittish About Suing Auto Company
VOLKSWAGEN GROUP: Faces "Fidler" Suit in Cal. Over Defeat Devices
VOLKSWAGEN GROUP: Faces "Hendricks" Suit Over "CleanDiesels"
YAHOO INC: Judge Says Lawsuit Over Texts Can Be Class Action

* Gibson Dunn Class Action Group Wins String of Victories in 2015



                            *********



AMERICAN ELDERCARE: Sued Over Failure to Pay Overtime Wages
-----------------------------------------------------------
Marissa Batie-Collier, and Mary Sollenne, individually and on
behalf of all others similarly situated v. American Eldercare,
Inc. a/d/b/a Humana American Eldercare, Humana American Eldercare,
Inc., and Humana, Inc., Case No. 4:15-cv-00586-RH-CAS (N.D. Fla.,
December 1, 2015) is brought against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standard Act.

The Defendants are in the business of providing managed care,
including medical assistance and long term care, for eligible
enrollees under the Medicaid program.

The Plaintiff is represented by:

      Jeremiah J. Talbott, Esq.
      JEREMIAH J. TALBOTT, P.A.
      900 East Moreno Street
      Pensacola, Fla. 32503
      Telephone: (850) 437-9600
      Facsimile: (850) 437-0906 (fax)
      E-mail: jjtalbott@talbottlawfirm.com

         - and -

      Sean Culliton, Esq.
      SEAN CULLITON, ESQ., LLC
      150 John Knox Road
      Tallahassee, FL 32303
      Telephone: (850) 385-9455
      Facsimile: (850) 906-9455
      E-mail: Sean.Culliton@gmail.com

         - and -

      John C. Davis, Esq.
      LAW OFFICE OF JOHN C. DAVIS
      623 Beard Street
      Tallahassee, FL, 32303
      Telephone: (850) 222-4770
      Facsimile: (850) 222-3119
      E-mail: john@johndavislaw.net


AMERICAN GENERAL: "Carter" Class Suit Removed to E.D. Texas
-----------------------------------------------------------
The class action lawsuit styled Anna Dickson and Jamie Carter,
individually and on behalf of all others similarly situated v.
American General Life Insurance Company, Case No. B-195107, was
removed from the 60th Judicial District Court, Jefferson Co.,
Texas to the U.S. District Court, Eastern District of Texas
(Beaumont). The District Court Clerk assigned Case No. 1:15-cv-
00465-MAC to the proceeding.

American General Life Insurance Company operates an insurance
company in Texas.

The Plaintiff is represented by:

      Clint Wayne Lewis, Esq.
      LEWIS & ASSOCIATES
      Suite 402, 4180 Delaware
      Beaumont, TX 77706
      Telephone: (409) 899-5600
      Facsimile: (409) 899-5682
      E-mail: lewislawyers@aol.com

         - and -

      Gary Neale Reger, Esq.
      ORGAIN BELL & TUCKER
      470 Orleans St., 4th Floor, P.O. Box 1751
      Beaumont, TX 77704-1751
      Telephone: (409) 838-6412
      Facsimile: (409) 838-6959
      E-mail: gnr@obt.com

         - and -

      L DeWayne Layfield, Esq.
      ATTORNEY AT LAW
      P.O. Box 3829
      Beaumont, TX 77704-3829
      Telephone: (409) 832-1891
      Facsimile: (409) 832-2156
      E-mail: dewayne@layfieldlaw.com

         - and -

      Wayne A. Reaud, Esq.
      REAUD MORGAN & QUINN LLP
      P.O. Box 26005, 801 Laurel Street
      Beaumont, TX 77720-6005
      Telephone: (409) 838-1000
      Facsimile: (409) 813-1325
      E-mail: rmq@rmqlawfirm.com

The Defendant is represented by:

      Gilbert Timbrell Adams III, Esq.
      LAW OFFICES OF GILBERT T ADAMS
      1855 Calder Ave at Third St., P.O. Drawer 3688
      Beaumont, TX 77704-3688
      Telephone: (409) 835-3000
      Facsimile: (409) 832-6162
      E-mail: gilbert@gta-law.com

         - and -

      James Monroe Chambers V, Esq.
      David Todd McDowell, Esq.
      EDISON, MCDOWELL & HETHERINGTON LLP
      3200 Southwest Freeway, Suite 2100
      Houston, TX 77027
      Telephone: (713) 337-5580
      Facsimile: (713) 337-8850
      E-mail: david.mcdowell@emhllp.com
              james.chambers@emhllp.com


APPLE INC: Judge Ends Class Suit, Saying Plaintiffs Were Puppets
----------------------------------------------------------------
Marisa Kendall, writing for The Recorder, reports that with harsh
words for the lead plaintiffs lawyer, a federal judge tossed class
claims against Apple Inc. over its AppleCare warranty plans.

In an order denying class certification, U.S. District Judge
William Orrick III in the Northern District of California took
issue not only with the merits of the claims, but also with what
he described as the "dubious manner" in which the litigation
commenced and the "manifestly incompetent manner in which it has
been conducted."

Texas solo Renee Kennedy had claimed Apple misled iPhone customers
by representing that its AppleCare plan provided for new phones to
replace broken ones. The suit alleged that Apple instead provided
some customers with used phones or phones that contained used
parts, while packaging them in unmarked boxes designed to make the
products appear new.

According to Orrick's order, one of the original named plaintiffs
in the case was Kennedy's paralegal when the suit was filed in
2013. Another plaintiff also worked for her.

Both used Kennedy's money to buy Apple warranty plans five days
before filing the lawsuit, according to Orrick's order. And per
Kennedy's instructions, the paralegal plaintiff brought audio
recorders into the Apple store to document her experience the day
she bought the plan.

While those plaintiffs dropped out of the litigation in January
2015, their prior involvement "continues to taint this case,"
Orrick wrote. He also faulted Kennedy for a "failure to comply
with basic federal and local rules" and standing orders.

Reached by phone, Kennedy declined to comment. Co-counsel John
Parker of Cutter Law in Sacramento, who joined the case in July,
said his team is disappointed. "I do not think that there was any
issue as to the adequacy of class counsel in this case," he added.

The order, which rejects the bid for class certification with
prejudice, is a win for Apple's counsel at Morrison & Foerster,
who had challenged the suit's legitimacy in part based on ties
between Kennedy and the original named plaintiffs.

Looking beyond the suit's inception, Orrick wrote that "none of
[the plaintiff's] theories of liability support class
certification."

Fabrienne English claimed that she received "refurbished" iPhones
to replace her broken phones, and that both began freezing soon
after she brought them home. But an AppleCare director who
analyzed company records said both phones were new, and English
has provided no evidence to the contrary, Orrick wrote.


AVVO INC: Illegally Advertises Class Members' Profile, Suit Says
----------------------------------------------------------------
Aaron H. Darsky, on behalf of himself and all others similarly
situated v. Avvo, Inc., Case No. 3:15-cv-05495-HSG (N.D. Cal.,
December 1, 2015) arises out of the Defendant's alleged unlawful,
unfair, or deceptive business practice of advertising the
Plaintiff's and the Class members' names and likenesses without
consent.

Avvo, Inc. is in the business of creating an online directory of
lawyers in the United States.

The Plaintiff is represented by:

      Roy A. Katriel, Esq.
      THE KATRIEL LAW FIRM
      4225 Executive Square Suite 600
      La Jolla, CA 92037
      Telephone: (858) 242-5642
      Facsimile: (858) 430-3719
      E-mail: rak@katriellaw.com


BENQ CORP: Settlement Fairness Hearing Set for April 14
-------------------------------------------------------
Hon. Richard Seeborg for the Northern District of California, San
Francisco, on Dec. 15, issued a revised order granting settlement
class certification and preliminary approval of the class action
settlement with defendants in In re Optical Disk Drive Products
Antitrust Litigation, MDL No. 2143 (N.D. Cal.):

     (1) BenQ Corp. and BenQ America Corp.;

     (2) Pioneer Corp.; Pioneer North America, Inc; Pioneer
         Electronics (USA) Inc.; and Pioneer High Fidelity Taiwan
         Co., Ltd.;

     (3) Koninklijke Philips Electronics N.V.; Lite-On It Corp.;
         Philips & Lite-On Digital Solutions Corp.; and Philips &
         Lite-On Digital Solutions USA, Inc. -- PLDS;

     (4) Quanta Storage Inc. and Quanta Storage America, Inc.

     (5) Sony Corp.; Sony Optiarc, Inc.; Sony Optiarc America,
         Inc.; Sony NEC Optiarc Inc.; and Sony Electronics, Inc.;

     (6) TEAC Corp. and TEAC America, Inc.; and

     (7) Samsung Electronics Co., Ltd.; Samsung Electronics
         America, Inc.; Toshiba Corp.; Toshiba America
         Information Systems, Inc.; Toshiba Samsung Storage
         Technology Corp.; and Toshiba Samsung Storage Technology
         Korea Corp. -- TSST

The settlements provide for payments in these amounts:

     DEFENDANT GROUP           SETTLEMENT AMOUNT
     ---------------           -----------------
     PLDS                          $15,000,000
     TSST                           $9,200,000
     Sony                           $6,000,000
     BenQ                             $875,000
     TEAC                           $1,325,000
     QSI                              $400,000
     Pioneer                        $4,200,000
                               -----------------
     Total:                        $37,000,000

Pursuant to Federal Rule of Civil Procedure 23, the Court
certifies the settlement class -- for purposes of this Motion only
-- defined as:

"All individuals and entities who, during the period from January
1, 2004 until at least January 1, 2010 (the "Class Period")
purchased one or more Optical Disk Drives in the United States
directly from the Defendants, their subsidiaries, or their
affiliates. Excluded from the Class are Defendants and their
parents, subsidiaries, affiliates, and all governmental entities.
As used herein the term "Optical Disc Drive" includes (a) a drive
sold by a Defendant or its subsidiary or affiliate as a separate
unit that is to be inserted into, or incorporated in, an
electronic device; (b) a drive sold by a Defendant or its
subsidiary or affiliate as a separate unit that is to be attached
to an electronic device through an external interface such as a
Universal Serial Bus connection; and (c) an internal drive sold as
a component of a laptop or desktop computer by a Defendant or its
subsidiary or affiliate."

The Court appoints the law firm of Saveri & Saveri, Inc. to serve
as Class Counsel for the settlement class.  Gilardi & Co. LLC
serves as claims administrator.

Each settlement class member shall have the right to be excluded
from the settlement class by mailing a request for exclusion to
the claims administrator no later than February 22, 2016.

No later than March 7, 2016, Class Counsel shall file with the
Court a list of all persons or entities who have timely requested
exclusion from the settlement class as provided in the settlement
agreements.

Each settlement class member who has not timely excluded itself
from the settlements shall have the right to object to (1) the
settlements, and/or (2) the plan of allocation by filing written
objections with the Court no later than February 22, 2016, copies
of which shall be served on all counsel listed in the class
notice. Failure to timely file and serve written objections
will preclude a class member from objecting to any or all of the
settlements.

Each settlement class member shall have the right to appear at the
Fairness Hearing by filing a Notice of Intention to Appear no
later than February 22, 2016, copies of which shall be served on
all counsel listed in the class notice.

The Court will conduct a Fairness Hearing on April 14, 2016 at
1:30 p.m.

All briefs, memoranda and papers in support of final approval of
the settlements shall be filed no later March 24, 2016.

On or before February 18, 2016, the Direct Purchaser Plaintiffs
-- DPPs -- must file their motion for attorney's fees, expenses,
and incentive awards.  Class members shall have until March 10,
2016 to file any written objections to the Fee Motion.  A hearing
on the Fee Motion shall be held on April 14, 2016 at 1:30 p.m. 23.
Each class member shall have until March 7, 2016 to submit a
claim, either by mailing a completed claim form to Plaintiffs'
claims administrator or by filling out an online claim form on the
class website. Claims submitted in connection with the HLDS,
Panasonic, and NEC settlements will automatically be included in
this second round of claim submission.

Class Counsel shall have until March 24, 2016 to file a response
to any objections to the Fee Motion as well as a report on claims
submitted.

On the Net: http://www.odddirectpurchaserantitrustsettlement.com

Interim Lead Counsel:

     Guido Saveri, Esq.
     R. Alexander Saveri, Esq.
     SAVERI & SAVERI, INC.
     706 Sansome Street
     San Francisco, CA 94111
     E-mail: guido@saveri.com
             rick@saveri.com

Counsel for PLDS:

     Evan Werbel, Esq.
     John Taladay, Esq.
     BAKER BOTTS LLP
     1299 Pennsylvania Ave. NW
     Washington, DC 20004
     E-mail: evan.werby@bakerbott.com
             john.taladay@bakerbott.com

Counsel for TSST:

     Daniel Murray Wall, Esq.
     Belinda S. Lee, Esq.
     Brendan A. Mcshane, Esq.
     LATHAM & WATKINS LLP
     505 Montgomery St., Ste. 2000
     San Francisco, CA 94111
     E-mail: dan.wall@lw.com
             belinda.lee@lw.com
             brendan.mcshane@lw.com

Counsel for Sony:

     John F. Cove, Jr., Esq.
     BOIES SCHILLER & FLEXNER LLP
     1999 Harrison Street, Suite 900
     Oakland, CA 94612
     E-mail: jcove@bsfllp.com

Counsel for Qisda Corporation, fka BenQ Corp, et al.:

     Joel B. Kleinman, Esq.
     Lisa M. Kaas, Esq.
     DICKSTEIN SHAPIRO LLP
     1825 Eye Street NW
     Washington, DC 20006-540
     E-mail: kleinmanj@dicksteinshapiro.com
             kaasl@dicksteinshapiro.com

Counsel for TEAC:

     Mary Ellen Hennessy, Esq.
     Aharon S. Kaye, Esq.
     KATTEN MUCHIN ROSENMAN LLP
     525 W. Monroe Street
     Chicago, IL 60661-3693
     E-mail: maryellen.hennessy@kattenlaw.com
             aharon.kaye@kattenlaw.com

Counsel for QSI:

     Keith A. Walter, Jr., Esq.
     DRINKER BIDDLE & REATH LLP
     222 Delaware Avenue, Suite 1410
     Wilmington, DE 19801

Counsel for Pioneer:

     Eric P. Enson, Esq.
     JONES DAY
     555 South Flower Street,
     Fiftieth Floor
     Los Angeles, CA 90071
     E-mail: epenson@jonesday.com

Counsel for Samsung:

     Ian Simmons, Esq.
     James M. Pearl, Esq.
     O'MELVENY & MYERS LLP
     1625 Eye Street, NW
     Washington, DC 20006
     E-mail: isimmons@omm.com
             jpearl@omm.com


BIRMINGHAM WATER: "Isom" Suit Seeks to Recover Unpaid Overtime
--------------------------------------------------------------
Allen Isom v. Birmingham Water Works Board, Case No. 2:15-cv-
02170-AKK (N.D. Ala., November 26, 2015) seeks to recover unpaid
overtime wages and damages pursuant to the Fair Labor Standard
Act.

Birmingham Water Works Board operates the City of Birmingham water
system.

The Plaintiff is represented by:

      Lee Winston, Esq.
      Roderick T. Cooks, Esq.
      WINSTON COOKS, LLC
      2 North 20th Street
      Birmingham, AL 35203
      Telephone: (205) 502-0970
      Facsimile: (205) 251-0231
      E-mail: lwinston@winstoncooks.com

BLUE CROSS: Quality Dialysis Alleges Violation of Antitrust Law
---------------------------------------------------------------
Quality Dialysis One, L.L.C., f/k/a Quality Dialysis One, L.P.,
and Quality Dialysis Two, L.P. v. Blue Cross and Blue Shield of
Alabama; Anthem, Inc.; Health Care Service Corporation; Cambia
Health Solutions, Inc.; CareFirst, Inc. Premera Blue Cross;
Premera Blue Cross and Blue Shield of Alaska; Blue Cross Blue
Shield of Arizona, Inc.; USAble Mutual Insurance Company, d/b/a
Arkansas Blue Cross and Blue Shield; Blue Cross of California
d/b/a Anthem Blue Cross; California Physicians' Service, Inc.
d/b/a Blue Shield of California; Rocky Mountain Hospital and
Medical Service, Inc., d/b/a Anthem Blue Cross and Blue Shield of
Colorado; Anthem Health Plans, Inc. d/b/a Anthem Blue Cross and
Blue Shield of Connecticut; Highmark, Inc.; Highmark BCBSD, Inc.
d/b/a Highmark Blue Cross and Blue Shield Delaware; Group
Hospitalization and Medical Services, Inc. d/b/a CareFirst
BlueCross BlueShield; Blue Cross and Blue Shield of Florida, Inc.;
Blue Cross and Blue Shield of Georgia, Inc.; Hawaii Medical
Service Association d/b/a Blue Cross and Blue Shield of Hawaii;
Blue Cross of Idaho Health Service, Inc.; Regence BlueShield of
Idaho, Inc.; Blue Cross and Blue Shield of Illinois; Anthem
Insurance Companies, Inc. d/b/a Anthem Blue Cross and Blue Shield
of Indiana; Wellmark Inc. d/b/a/ Wellmark Blue Cross and Blue
Shield of Iowa; Blue Cross and Blue Shield of Kansas, Inc.; Anthem
Health Plans of Kentucky, Inc. d/b/a Anthem Blue Cross and Blue
Shield of Kentucky; Louisiana Health Service and Indemnity Company
d/b/a/ Blue Cross and Blue Shield of Louisiana; Anthem Health
Plans of Maine, Inc., d/b/a Anthem Blue Cross and Blue Shield of
Maine; CareFirst of Maryland, Inc. d/b/a CareFirst BlueCross
BlueShield; Blue Cross and Blue Shield of Massachusetts, Inc.;
Blue Cross and Blue Shield of Michigan; BCBSM, Inc. d/b/a/ Blue
Cross and Blue Shield of Minnesota; Blue Cross Blue Shield of
Mississippi; HMO Missouri, Inc. d/b/a Anthem Blue Cross and Blue
Shield of Missouri; Blue Cross and Blue Shield of Kansas City,
Inc.; Blue Cross and Blue Shield of Montana; Caring for Montanans,
Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc.; Blue Cross
and Blue Shield of Nebraska; Anthem Blue Cross and Blue Shield of
Nevada, Anthem Health Plans of New Hampshire, Inc. d/b/a Anthem
Blue Cross and Blue Shield of New Hampshire; Horizon Health Care
Services, Inc. d/b/a Horizon Blue Cross and Blue Shield of New
Jersey; Blue Cross and Blue Shield of New Mexico; HealthNow New
York, Inc.; Blue Shield of Northeastern New York; Blue Cross and
Blue Shield of Western New York, Inc.; Empire Health Choice
Assurance Inc. d/b/a Empire Blue Cross Blue Shield; Excellus
Health Plan, Inc. d/b/a Excellus BlueCross BlueShield; Blue Cross
and Blue Shield of North Carolina, Inc.; Noridian Mutual Insurance
Company d/b/a Blue
Cross Blue Shield of North Dakota; Community Insurance Company
d/b/a Anthem Blue Cross and Blue Shield of Ohio; Blue Cross and
Blue Shield of Oklahoma; Regence BlueCross BlueShield of Oregon;
Hospital Service Association of North Eastern Pennsylvania d/b/a
Blue Cross of North Eastern Pennsylvania; Capital Blue Cross;
Highmark Health Services, Inc. d/b/a Highmark Blue Cross Blue
Shield and d/b/a Highmark Blue Shield; Independence Blue Cross;
Triple-S Salud, Inc.; Blue Cross and Blue Shield of Rhode Island;
BlueCross BlueShield of South Carolina Inc.; Wellmark of South
Dakota, Inc. d/b/a Wellmark Blue Cross and Blue Shield of South
Dakota; BlueCross BlueShield of Tennessee, Inc.; Blue Cross and
Blue Shield of Texas; Regence BlueCross BlueShield of Utah; Blue
Cross and Blue Shield of Vermont; Anthem Health Plans of Virginia,
Inc. d/b/a Anthem Blue Cross and Blue Shield of Virginia, Inc.;
Regence BlueShield; Highmark West Virginia, Inc. d/b/a Highmark
Blue Cross Blue Shield West Virginia; Blue Cross Blue Shield of
Wisconsin d/b/a Anthem Blue Cross and Blue Shield of Wisconsin;
Blue Cross Blue Shield of Wyoming; Consortium Health Plans, Inc.;
National Account Service Company, L.L.C.; and Blue Cross and Blue
Shield Association, Case 4:15-cv-03491 (S.D.Tex., December 12,
2015), alleges that Defendants have agreed with each other to
carve the United States into "Service Areas" in which only one
Blue can sell insurance, administer employee benefit plans or
contract with healthcare providers in violation of federal
antitrust laws and Texas state laws.

The Blues provide health insurance coverage for approximately 100
million people in the United States.

The Plaintiff is represented by:

     Earnest W. Wotring, Esq.
     David George, Esq.
     Karen Dow, Esq.
     BAKER WOTRING LLP
     700 JPMorgan Chase Tower
     600 Travis Street
     Houston, TX 77002
     Phone: (713) 980-1700
     Fax: (713) 980-1701
     E-mail: ewotring@bakerwotring.com
             dgeorge@bakerwotring.com
             kdow@bakerwotring.com

        - and -

     Joe R. Whatley, Jr.., Esq.
     W. Tucker Brown., Esq.
     WHATLEY KALLAS, LLP
     2001 Park Place North
     1000 Park Place Tower
     Birmingham, AL 35203
     Phone: (205) 488-1200
     Fax: (800) 922-4851
     E-mail: jwhatley@whatleykallas.com
             tbrown@whatleykallas.com

        - and -

     Edith M. Kallas
     WHATLEY KALLAS, LLP
     380 Madison Avenue, 23rd Floor
     New York, NY 10017
     Phone: (212) 447-7060
     Fax: (800) 922-4851
     E-mail: ekallas@whatleykallas.com

        - and -

     Dennis C. Reich, Esq.
     REICH & BINSTOCK, LLP
     4265 San Felipe, Suite 1000
     Houston, TX 77027
     Phone: (713) 622-7271
     Fax: (713) 623-8724
     E-mail: dreich@rbfirm.net


BRENNAN & CLARK: Illegally Collects Debt, "Lieufatt" Suit Says
--------------------------------------------------------------
Yucklyn Lieufatt, on behalf of herself individually and all others
similarly situated v. Brennan & Clark Ltd., LLC, Case No. 1:15-cv-
06794 (E.D.N.Y., November 28, 2015) seeks to stop the Defendant's
unfair and unconscionable means to collect a debt.

Brennan & Clark Ltd., LLC operates a debt collection agency in New
York.

The Plaintiff is represented by:

      Novlette Rosemarie Kidd, Esq.
      FAGENSON & PUGLISI
      450 Seventh Avenue, Suite 3302
      New York, NY 10123
      Telephone: (212) 268-2128
      Facsimile: (212) 268-2127
      E-mail: nkidd@fagensonpuglisi.com


CAVALRY PORTFOLIO: Illegally Collects Debt, Action Claims
---------------------------------------------------------
Heshy Mendelsohn, on behalf of himself and all other similarly
situated consumers v. Cavalry Portfolio Services, LLC, Case No.
1:15-cv-06791 (E.D.N.Y., November 26, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Cavalry Portfolio Services, LLC is engaged in the acquisition and
management of non-performing consumer loan portfolios.

The Plaintiff is represented by:

      Adam Jon Fishbein, Esq.
      ADAM J. FISHBEIN, ATTORNEY AT LAW
      483 Chestnut Street
      Cedarhurst, NY 11516
      Telephone: (516) 791-4400
      Facsimile: (516) 791-4411
      E-mail: fishbeinadamj@gmail.com


CARNEGIE PARK: Sued Over Lease Renewal and Protection Policies
--------------------------------------------------------------
Joseph Quenqua and "Jane Does #1-100", on their own behalf, and on
behalf of those similarly situated v. Carnegie Park Associates,
L.P., Carnegie Park Tower, LLC, The Related Companies, L.P., 184
Kent Owner, LLC and "John Does #1-100", Case No. 514588/2015 (N.Y.
Super. Ct., December 1, 2015) seeks damages, injunctive relief and
other appropriate relief on behalf of the Class members who have
been evicted or will be evicted from the premises they reside in
and who were not given lease renewals and protection from
unconscionable rent increases.

The Defendants are all real estate developers who converted or are
converting a building or a group of buildings in New York City
from residential rental status to cooperative or condominium
ownership.

The Plaintiff is represented by:

      Marc J. Held, Esq.
      HELD & HINES, LLP
      2004 Ralph Avenue
      Brooklyn, NY 11234
      Telephone: (718) 531-9700
      E-mail: mheld@heldhines.com


CHICAGO: Law Students Aid Victims of Decades-Old Police Torture
---------------------------------------------------------------
Karen Sloan, writing for The National Law Journal, reports that
two Chicago law schools have played key roles in obtaining justice
for those tortured during the tenure of former Chicago police
commander Jon Burge, the latest of which is a $5.5 million payment
by the city on Jan. 4 to 57 people.

The recent payment follows more than two decades of investigations
and lawsuits over the conduct of Burge from 1972 to 1991. So far,
the city has paid more than $100 million to victims.

Students and professors at Chicago-Kent College of Law and Loyola
University Chicago School of Law have helped dozens of victims who
were tortured into confessions by Burge's cabal of detectives -- a
group that became known as "The Midnight Crew."

Chicago-Kent created a reparations clinic after the Chicago City
Council in May appointed professor Daniel Coyne as an independent
third party to evaluate the claims of those who said they were
tortured by police under Burge and determine if they were eligible
for settlements under the $5.5 million the city had set aside.

Coyne and six Chicago-Kent students reviewed 65 torture claims and
determined that 22 were eligible for reparations under the
ordinance.

"The people with credible claims deserved the acknowledgement that
they had been terribly wronged and to know that someone out there
cares," said Ian Barnes, a May graduate of Chicago-Kent who now
works as a public defender. He volunteered for the reparations
clinic last summer.

Loyola dean David Yellen has been reviewing Burge-related torture
claims made by prison inmates to determine whether they should be
given a postconviction review. About a dozen Loyola law students
have assisted Yellen in reviewing more than 500 letters and files
over nearly two years. Yellen, who was appointed in 2014 by a
local judge as a special master to identify torture victims, said
he expects to conclude his review in about a month. Thus far, he
and his students have identified 15 inmates with credible torture
claims whose cases will be handled pro bono by Chicago-area law
firms.

"It's a different version of the same lesson that the country as a
whole is learning today," Yellen said of the highly publicized
Burge scandal. "Having effective, good policing is incredibly
important, but there needs to be appropriate oversight and
discipline. For far too long police departments were essentially
unwilling to regulate the officers on the streets."

Burge oversaw detective squads in two police areas beginning in
the early 1970s, and allegations of torture -- predominately by
poor, black suspects -- emerged early on. But Burge faced little
official scrutiny until the late eighties. He was acquitted of
police brutality in 1989, but was fired in 1993 when a review
board determined that he had tortured suspects.

Numerous subsequent investigations and lawsuits revealed that
Burge's detectives used torture techniques likely to be
undetected, including electrical devices such as cattle prods in
order to coerce confessions. "It wasn't old-fashioned, throw-a-
guy-against-a-wall stuff," Yellen said. "It was stuff that was
excruciating but didn't leave marks."

A special prosecutor documented more than 100 incidents of
torture, but the statute of limitations lapsed and Burge never
faced criminal charges for the torture. (He served three years in
prison for perjury.)

"People were looking the other way because of the criminal justice
system," Coyne said. "You've got judges having to decide on claims
of torture, but the things people were describing were so horrific
that no one could believe it was really happening in a civil
society."

The city council in 2014 approved the ordinance that established
the reparations fund and psychological counseling and job training
for Burge's victims and their families. The ordinance also created
a memorial to them.

Yellen said the Loyola students assisting his review have found
the experience to be "interesting, depressing and rewarding." They
have been looking for inmates who confessed to crimes during the
Burge era and who previously made torture claims, but who have not
yet received a postconviction review with counsel. Because the
statue of limitations has lapsed, Burge's victims can no longer
bring civil suits.

"The unanswered question is: 'How much similar stuff was being
done by other cops in Chicago?' Yellen said. "We'll never know."


CHIP-TECH: Capacitor Price-Fixing Class Action Narrowed
-------------------------------------------------------
Nicholas Iovino, writing for Courthouse News, reports that a
federal judge dumped non-California law claims from an antitrust
class action accusing major tech firms of conspiring to fix the
prices of capacitors, a common component in most electronic
devices.

The consolidated class action stems in part from a complaint filed
by lead plaintiff Chip-Tech in July 2014 against a slew of
corporations including Panasonic, Hiatchi, Samsung, NEC, ROHM and
others.

In his Dec. 30 ruling, U.S. District Judge James Donato found
indirect buyers of capacitors lacked standing to sue over claims
arising from antitrust and consumer protection laws in 21 states
other than California.

The indirect buyers claimed one of their named plaintiffs, the
liquidating trustee of the now-bankrupt Circuit City Stores,
received deliveries of price-fixed capacitors in 21 states and
therefore established standing to sue.

But Donato found the capacitors were actually purchased in
Virginia and receiving deliveries of price-fixed goods is not
enough to establish Article III standing.

The judge ruled that two individual indirect buyer plaintiffs
residing in other states failed to establish standing as well
because there was no evidence that they bought a product
containing a price-fixed capacitor.

"Merely living in a state, even one where price-fixing conduct
occurred, is not a basis for standing if the plaintiff did not
actually pay a supracompetitive price there for the accused
product," Donato wrote in his 19-page ruling. "Standing does not
arise simply because illegality is in the air."

The judge also refused to grant Hitachi Chemical Co. America's
motion to dismiss indirect buyer claims, finding the plaintiffs
adequately alleged the company was established "to effectuate and
achieve the cartel's aims and purposes" for the benefit of its
Japanese parent firm.

Specifically, the plaintiffs obtained evidence through discovery
that showed a Hitachi corporate officer represented the interests
of the "entire corporate family" in meetings with companies taking
part in the conspiracy, according to the ruling.

Donato also rejected an additional five motions to dismiss the
direct buyers' consolidated class action brought by Hitachi
Chemical Co. America, AVX Corporation, Holy Stone Enterprises,
Milestone Global Technology and Shizuki Electric.

However, the judge did dismiss one defendant, American Shizuki
Corporation, from the direct buyers' class action, finding
allegations against the American subsidiary were "too paltry."
American Shuziki's motion to dismiss was granted with leave for
plaintiffs to amend.

The indirect buyers were given until Jan. 27 to file an amended
complaint to fix standing issues with their non-California state
law claims against the defendants.

A hearing on class certification motions has been scheduled for
July 20, 2016.

Panasonic and other technology firms are also fighting similar
antitrust class actions for their alleged roles in conspiracies to
fix the prices of lithium ion batteries and electronic resistors.


CITIGROUP: Judge Accepts Settlement of $1.1-Bil. for Bond Losses
----------------------------------------------------------------
Ben Bedell, writing for New York Law Journal, reports that a
Manhattan Commercial Division judge approved a $1.125 billion
settlement between Citigroup and investors who lost $15 billion by
buying mortgage-backed bonds issued by Citigroup prior to the 2008
financial crisis.

Justice Marcy Friedman declared the settlement, negotiated by 18
institutional investors who held 30 percent of the bond
investments, to be "reasonable."

The settlement in In the Matter of the Application of U.S. Bank
National Association, 653902/2014, also provides that Gibbs &
Bruns, the Houston, Texas-based law firm that represented the
investors, will receive an additional $41 million from Citigroup.

Citigroup and the investors employed a little-utilized proceeding
under CPLR Article 7701 that allows a court to affirm a trust's
decision to compromise claims made on behalf of the trust's
beneficiaries -- in this case, the bondholders.

The Appellate Division, First Department, approved the procedure's
application to residential mortgage-backed securities cases in
2014 in Policemen's Annuity & Benefit Fund of the City of Chicago,
127 AD3d 120, also known as the "Countrywide decision."

The settlement was reached in April 2014 after eight months of
negotiations, Friedman said. "Despite an extensive, court-ordered
notice program, no investor or other interested person has filed
an objection or other papers in opposition to the petition," she
noted.

The investors agreed to waive all claims against Citigroup.
Friedman determined that there was no evidence that "the trustees
acted in their self-interest or in the interests of Citigroup or
of the institutional investors, rather than in the interests of
the investors generally."

The trusts were created by Citigroup as a vehicle for selling
mortgage-backed securities to nonpublic "private label" investors.
The trustees were represented by Morgan Lewis & Bockius partner
James Moore.


COLLINS ASSET: Accused of Wrongful Conduct Over Debt Collection
---------------------------------------------------------------
Feige Fekete, on behalf of herself and all other similarly
situated consumers v. Collins Asset Group, LLC, Case No. 1:15-cv-
06805-PKC-PK (E.D.N.Y., November 30, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Collins Asset Group, LLC provides strategic acquisition and debt
portfolio sales services.

The Plaintiff is represented by:

      Adam Jon Fishbein, Esq.
      ADAM J. FISHBEIN, ATTORNEY AT LAW
      483 Chestnut Street
      Cedarhurst, NY 11516
      Telephone: (516) 791-4400
      Facsimile: (516) 791-4411
      E-mail: fishbeinadamj@gmail.com


CONWAY, AK: To Appeal Status of Police, Firefighter Suit
--------------------------------------------------------
Debra Hale-Shelton, writing for Northwest Arkansas Democrat
Gazette, reports that the city plans to appeal a circuit judge's
decision granting class-action status to a lawsuit accusing Conway
of breaching its salary contract with police officers and
firefighters.

In a notice filed in Faulkner County Circuit Court, attorneys
representing the city said they intend to take the issue to the
Arkansas Supreme Court.

Attorney Justin Eichmann, one of the lawyers representing the
city, said that the lawsuit's plaintiffs argue that "the pay grid
constituted a contract" and that "oral promises ... were made that
established the contract."

"We do not think the nature of [an oral contract] lends itself to
class certification because it's so different how each person
learned of or might have heard about that contract," Eichmann
said.

Attorney Tom Thrash, who represents the plaintiffs, said the
appeal will only delay the recovery of unpaid wages by police and
firefighters.

"We do not believe the appeal has any merit," Thrash said.

Eichmann said the appeal was not a delay tactic and that it would
be best to resolve the class-action issue now.

In December, Circuit Judge Troy Braswell granted class-action
status to the police and firefighters but dismissed an allegation
against the city of illegal exaction by unlawfully using money
from a 0.25 percent sales tax approved in 2001 for purposes other
than the reason plaintiffs say it was intended - to improve
employee salaries.

The class action applies to more than 100 firefighters and to more
than 130 police officers employed by the city between Dec. 2,
2001, and Dec. 31, 2012, Thrash has said. Claims against the city
would total an estimated $1.5 million if the lawsuit succeeds, he
said.

Filed in 2012 by police officer Richard Shumate Jr. and
firefighter Damon Reed, the lawsuit originally was on behalf of
all city employees, although later it was narrowed to police and
firefighters because of class-action requirements.

Thrash has argued that the firefighters and officers received step
raises for a time after the sales tax's approval but didn't get
them in 2010, 2011 and 2012 -- a period when the city encountered
severe financial problems.

According to the appeal notice, filed in circuit court, the city
can appeal a class-action ruling directly from circuit court to
the Arkansas Supreme Court under the Arkansas Rules of Civil
Procedure.

The city has 90 days to file the appeal unless the high court
grants an extension.


CSX INTERMODAL: "Ledesma" Class Suit Removed to S.D. California
---------------------------------------------------------------
The class action lawsuit captioned Nora Ledesma, Manuel Ledesma,
individually on behalf of themselves and on behalf of all others
similarly situated v. CSX Intermodal Terminals, Inc. and Does 1
through 10, inclusive, Case No. 37-02015-00033879-CU-OE-CTL, was
removed from the Superior Court, County of San Diego, Central
Division to the U.S. District Court Southern District of
California (San Diego). The District Court Clerk assigned Case No.
3:15-cv-02672-AJB-BLM to the proceeding.

The Plaintiffs assert labor-related claims.

CSX Intermodal Terminals, Inc. provides and arranges for the
intermodal terminal services and trucking services.

The Plaintiff is represented by:

      Paul T. Cullen, Esq.
      THE CULLEN LAW FIRM APC
      29229 Canwood Street, Suite 208
      Agoura Hills, CA 91301-1555
      Telephone: (626) 744-9125
      Facsimile: (626) 744-9436
      E-mail: paul@cullenlegal.com

The Defendant is represented by:

      Linda Auerbach Allderdice, Esq.
      HOLLAND & KNIGHT LLP
      633 West Fifth Street, 21st Floor
      Los Angeles, CA 90071
      Telephone: (213) 896-2422
      Facsimile: (213) 896-2450
      E-mail: linda.allderdice@hklaw.com


DELIVERY DUDES: Faces "Attai" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Justin Attai, on behalf of himself and all others similarly
situated v. Delivery Dudes, LLC, et al., Case No. 0:15-cv-62522-BB
(S.D. Fla., December 1, 2015) is brought against the Defendants
for failure to pay minimum and overtime wages in violation of the
Fair Labor Standard Act.

Delivery Dudes, LLC operates a restaurant food delivery service
company in Miami, Florida.

The Plaintiff is represented by:

      R. Edward Rosenberg, Esq.
      MORGADO, P.A.
      1 Alhambra Plaza, PH Floor
      Coral Gables, FL 33134
      Telephone: (855) 899-9121
      Facsimile: (855) 899-9191
      E-mail: rer@morgado.us


ERBA DIAGNOSTICS: Sued in Fla. Over Misleading Financial Reports
----------------------------------------------------------------
Abel M. Brown, Jr., Individually and on Behalf of All Others
Similarly Situated v. Erba Diagnostics, Inc., Mohan
Gopalkrishnan, ernesina scala, Sanjiv Suri, and Prakash Patel,
Case No. 1:15-cv-24425-CMA (S.D. Fla., December 1, 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.

Erba Diagnostics, Inc. develops, manufactures, and markets
diagnostic test kits or assays, and automated systems that are
used to aid in the detection of disease markers primarily in the
areas of autoimmune, infectious diseases, clinical chemistry,
hematology, and diabetes testing.

The Plaintiff is represented by:

      Jayne A. Goldstein, Esq.
      POMERANTZ LLP
      1792 Bell Tower Lane, Suite 203
      Weston, FL 33326
      Telephone: (954) 315-3454
      Facsimile: (954) 315-3455
      E-mail: jagoldstein@pomlaw.com

         - and -

      Jeremy A. Lieberman, Esq.
      J. Alexander Hood II, Esq.
      Marc C. Gorrie, Esq.
      POMERANTZ LLP
      600 Third Avenue, 20th Floor
      New York, NY 10016
      Telephone: (212) 661-1100
      Facsimile: (212) 661-8665
      E-mail: jalieberman@pomlaw.com
              ahood@pomlaw.com
              mgorrie@pomlaw.com

         - and -

      Patrick V. Dahlstrom, Esq.
      POMERANTZ LLP
      10 South La Salle Street, Suite 3505
      Chicago, IL 60603
      Telephone: (312) 377-1181
      Facsimile: (312) 377-1184
      E-mail: pdahlstrom@pomlaw.com


FACEBOOK INC: $20 Million Privacy Settlement Clears 9th Cir.
------------------------------------------------------------
Cheryl Miller, writing for The Recorder, reports that the U.S.
Court of Appeals for the Ninth Circuit upheld a $20 million class
action settlement that resolved privacy claims against Facebook
Inc. over a feature that posted users names and images along with
advertising promotions.

The so-called "sponsored stories" settlement, approved in 2013 by
U.S. District Judge Richard Seeborg of the Northern District of
California, allotted $15 to each claimant and reserved roughly $2
million for cy pres recipients.

Objectors had hoped the case would be a vehicle to limit the use
of charitable donations as part of class action settlements. But
Circuit Judges William Fletcher and Marsha Berzon sanctioned the
deal's cy pres component, finding no fault in Seeborg's conclusion
that the nonprofits selected to receive donations were suitable
and worked to advance causes closely tied to the case.

The objectors, led by Massachusetts lawyer John Pentz, landed
their argument with Judge Carlos Bea, who authored a seven-page
dissent calling the cy pres award arbitrary. Bea said the district
court could have increased the payout to claimants instead of
providing "a huge windfall" to the designated nonprofits.

"I would not undo the entire agreement, he wrote. "Instead I would
vacate the district court's decision and remand with instructions
to set a per-claimant distribution that would exhaust the net
settlement fund."

Bea also wrote that he would have granted legal fees to objector
Sam Kazman, general counsel of the Competitive Enterprise
Institute, who successfully petitioned to reduce the fees awarded
to class counsel. Seeborg should have considered objector Kazman's
billing records, Bea asserted, before dismissing his fee request
as de minimis.

Facebook was represented by attorneys from Cooley and Munger,
Tolles & Olson in the appellate litigation. Counsel referred
requests for comment to Facebook, which issued a one-sentence
response: "We are pleased with the court's ruling."

In 2011, plaintiffs challenged Facebook's Sponsored Stories
feature for publicizing users' "likes" of advertisers without any
compensation or method to opt out.

Ruling on a set of objections raised by attorneys for underage
Facebook users, the panel concluded that the settlement "does not
clearly authorize continued violations of" privacy laws by
allowing the site to continue using kids' names and images in
advertising.

Under the 2013 agreement, Facebook made changes to its terms and
conditions that, despite the elimination of Sponsored Stories in
2014, still allow the company to use kids' actions on the social
network in advertising unless a parent objects.

"It is not clear whether Facebook's use of minors' names and
likenesses in Sponsored Stories violated California law," the
panel wrote. "It is also not clear whether the settlement at issue
-- which provides more protection for minors from Facebook's
advertising practices than existed before -- violates state law.
The district court did not abuse its discretion in approving the
settlement in the face of this uncertainty."

Scott Michaelman, an attorney with the Public Citizen Litigation
Group in Washington, D.C., who represents parents of teenage class
members, said his group was dismayed.

"We're disappointed that the court approved the settlement that
allows Facebook to continue violating the laws in seven states
that require parental consent," Michaelman said.


FITBIT: Fitness Trackers Are Inaccurate, Suit Says
--------------------------------------------------
Jason Cipriani, writing for Fortune, reports that Fitbit is having
a bad week.

The maker of fitness trackers premiered a smartwatch, the Blaze.
Shortly after, the company's shares "FIT" tumbled, ending the day
down 18%.

Now, Fitbit is facing a class action lawsuit alleging that its
heart rate monitoring technology -- which it calls PurePulse -- is
inaccurate, as first reported by The Verge.

Such technology is found in its Charge HR and Surge devices, as
well as the newly announced Blaze. Essentially, Fitbit uses LED
lights to monitor blood flow through a user's wrist and, by using
algorithms, can determine a user's heart rate. Similar technology
is used in the Apple Watch, along with several more competing
smartwatches and fitness trackers.

According to the suit, three different plaintiffs said they bought
Fitbit devices based off the company's advertised promise that it
accurately tracked heart rates. Fitbit's advertising materials
often contain phrases such as "every beat counts" and "know your
heart" in relation to the heart monitoring technology.

One participant in the suit had a trainer manually count her heart
rate during a workout. Her trainer recorded a heart rate of 160
beats per minute (bpm) while her Fitbit Charge HR indicated her
heart rate was only 82 beats per minute, according to the filing.
Two other plaintiffs are mentioned in the suit, each citing
similar experiences with a Fitbit PurePulse-equipped product.

The suit goes on to say that a cardiologist, who used an
electrocardiogram machine to compare results, found Fitbit's heart
rate sensor consistently reported inaccurate results. With a heart
rate of 110 bpm or higher, the suit states the Fitbit devices
often failed to record a heart rate at all. When a heart rate was
captured, the reading was off by an average of 24.34 bpm, the suit
said.

When contacted by Fortune, Fitbit provided the following comment:

"We do not believe this case has merit. Fitbit stands behind our
heart rate technology and strongly disagrees with the statements
made in the complaint and plans to vigorously defend the lawsuit.
Fitbit is committed to making the best clip and wrist-based
activity trackers on the market. Our team has performed and
continues to perform internal studies to validate our products'
performance.

PurePulse provides better overall heart rate tracking than cardio
machines at the gym, as it tracks your heart rate continuously --
even while you're not at the gym or working out. But it's also
important to note that Fitbit trackers are designed to provide
meaningful data to our users to help them reach their health and
fitness goals, and are not intended to be scientific or medical
devices."


GELATO FRESCO: Recalls Toasted Hazelnut Dairy Ice Cream
-------------------------------------------------------
Starting date: November 20, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Tree Nut
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Gelato Fresco
Distribution: Ontario
Extent of the product distribution: Retail
CFIA reference number: 10176

Gelato Fresco is recalling Gelato Fresco brand Toasted Hazelnut
Dairy Ice from the marketplace because it may contain almond which
is not declared on the label. People with an allergy to almond
should not consume the recalled product described below.

Check to see if you have the recalled product in your home.
Recalled products should be thrown out or returned to the store
where they were purchased.

If you have an allergy to almond, do not consume the recalled
product as it may cause a serious or life-threatening reaction.

There have been no reported reactions associated with the
consumption of this product.

This recall was triggered by Canadian Food Inspection Agency
(CFIA) test results. The CFIA is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled product
from the marketplace.

  Brand    Common             Size    Code(s) on  UPC
  name     name               ----    product     ---
  ----     ------                     ----------
  Gelato   Toasted Hazelnut   500 ml  4745        0 67902 50002 1
  Fresco   Dairy Ice

Pictures of the Recalled Products available at:
http://is.gd/GMgUKd


GIRARDIN: Recalls MBII School Buses Due to Non-compliance
---------------------------------------------------------
Starting date: November 16, 2015
Type of communication: Recall
Subcategory: School Bus
Notification type: Compliance Mfr
System: Structure
Units affected: 2
Source of recall: Transport Canada
Identification number: 2015541TC
ID number: 2015541

Certain buses may not comply with Canada Motor Vehicle Safety
Standard 220 - Rollover Protection. Roof crush testing, required
by the standard, was not correctly performed by the manufacturer,
which could result in the vehicles not meeting roof strength
requirements of the standard. This could increase the risk of
injury to vehicle occupants in a rollover. Correction: To be
determined.

  Make       Model                  Model year(s) affected
  ----       -----                  ----------------------
  GIRARDIN    MBII SCHOOL BUS       2012, 2013, 2014, 2015


GLEN ECHO: Recalls Inverloch Cheddar Cheese Due to Listeria
-----------------------------------------------------------
Starting date: November 20, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning
Subcategory: Microbiological - Listeria
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Glen Echo Fine Foods
Distribution: Ontario
Extent of the product distribution: Retail

Glen Echo Fine Foods is recalling Inverloch Cheddar Cheese
imported from Scotland from the marketplace due to possible
Listeria monocytogenes contamination. Consumers should not consume
the recalled products described below.

Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.

Food contaminated with Listeria monocytogenes may not look or
smell spoiled but can still make you sick. Symptoms can include
vomiting, nausea, persistent fever, muscle aches, severe headache
and neck stiffness. Pregnant women, the elderly and people with
weakened immune systems are particularly at risk. Although
infected pregnant women may experience only mild, flu-like
symptoms, the infection can lead to premature delivery, infection
of the newborn or even stillbirth. In severe cases of illness,
people may die.

There have been no reported illnesses associated with the
consumption of these products.

This recall was triggered by the company. The Canadian Food
Inspection Agency (CFIA) is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled product
from the marketplace.

  Brand      Common           Size   Code(s) on   UPC
  name       name             ----   product      ---
  ----       ------                  ----------
  Isle of    Laird's Mustard  1 kg   10-03-16     5 060020 410338
  Kintyre    Mature Cheddar
             & Whole Grain
             Mustard
  Isle of    Applesmoke       900 g  3-03-16      5 060020 410260
  Kintyre    Mature Cheddar

Pictures of the Recalled Products available at:
http://is.gd/iqic9P


GLEN ECHO: Expands Inverloch Cheddar Cheese Recall
--------------------------------------------------
Starting date: November 21, 2015
Type of communication: Recall
Alert sub-type: Updated Food Recall Warning
Subcategory: Microbiological - Listeria
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Glen Echo Fine Foods
Distribution: Alberta, Newfoundland and Labrador, Ontario,
Possibly National, Quebec, Saskatchewan
Extent of the product distribution: Retail
CFIA reference number: 10179

The food recall warning issued on November 20, 2015 has been
updated to include additional distribution information. This
additional information was identified during the Canadian Food
Inspection Agency's (CFIA) food safety investigation.

Glen Echo Fine Foods is recalling Inverloch Cheddar Cheese
imported from Scotland from the marketplace due to possible
Listeria monocytogenes contamination. Consumers should not consume
the recalled products described below.

Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.

Food contaminated with Listeria monocytogenes may not look or
smell spoiled but can still make you sick. Symptoms can include
vomiting, nausea, persistent fever, muscle aches, severe headache
and neck stiffness. Pregnant women, the elderly and people with
weakened immune systems are particularly at risk. Although
infected pregnant women may experience only mild, flu-like
symptoms, the infection can lead to premature delivery, infection
of the newborn or even stillbirth. In severe cases of illness,
people may die.

There have been no reported illnesses associated with the
consumption of these products.

This recall was triggered by the company. The Canadian Food
Inspection Agency (CFIA) is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled product
from the marketplace.
  Brand      Common           Size   Code(s) on   UPC
  name       name             ----   product      ---
  ----       ------                  ----------
  Isle of    Laird's Mustard  1 kg   10-03-16     5 060020 410338
  Kintyre    Mature Cheddar
             & Whole Grain
             Mustard
  Isle of    Applesmoke       900 g  3-03-16      5 060020 410260
  Kintyre    Mature Cheddar


GLOBAL CREDIT: Accused of Wrongful Conduct Over Debt Collection
---------------------------------------------------------------
Ruth Roth, on behalf of herself and all other similarly situated
consumers v. Global Credit & Collection Corp., Case No. 1:15-cv-
06789-KAM-PK (E.D.N.Y., November 26, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Global Credit & Collection Corp. operate a debt collection firm in
New York.

The Plaintiff is represented by:

      Adam Jon Fishbein, Esq.
      ADAM J. FISHBEIN, ATTORNEY AT LAW
      483 Chestnut Street
      Cedarhurst, NY 11516
      Telephone: (516) 791-4400
      Facsimile: (516) 791-4411
      E-mail: fishbeinadamj@gmail.com


GOSHEN: Recalls Multiple Bus Models Due to Injury Risk
------------------------------------------------------
Starting date: November 16, 2015
Type of communication: Recall
Subcategory: Motorhome
Notification type: Compliance
Mfr System: Seats And Restraints
Units affected: 150
Source of recall: Transport Canada
Identification number: 2015543TC
ID number: 2015543

On certain buses, the 2 point passenger seat belts installed on
the passenger seats could become frayed from rubbing against the
inboard seat bracket edge. A frayed seat belt may fail to properly
restrain the occupant in the event of a crash which would increase
the risk of injury. Correction: Dealers will inspect and replace
any frayed seat belts. A protective cover will also be added to
the seat belts.

  Make        Model      Model year(s) affected
  ----        -----      ----------------------
  GOSHEN      GC II      2013, 2013, 2014, 2015, 2013, 2014,
                         2015, 2013, 2014, 2015, 2013, 2014, 2015
  GOSHEN      G-FORCE    2013, 2014, 2015


GOT CAPITAL: Korea Week Class Suit Removed to E.D. Pennsylvania
---------------------------------------------------------------
The class action lawsuit captioned Korea Week, Inc., on behalf of
itself and the class of all those similarly situated v. Got
Capital, LLC a/b/d/a Yalber, et al., Case No. 151002821, was
removed from the Philadelphia County Court to the United States
District Court Eastern District of Pennsylvania (Philadelphia).
The District Court Clerk assigned Case No. 2:15-cv-06351-MAK to
the proceeding.

The case asserts violation of the Truth in Lending Act.

Got Capital, LLC operates an asset management firm in
Philadelphia.

The Plaintiff is represented by:

      Korea Week, Inc.
      PRO SE
      753 W. Cheltenham Avenue
      Philadelphia, PA 19027

The Defendant is represented by:

      Scott R. Lipson, Esq.
      TALLMAN HUDDERS AND SORRENTINO, P.C.
      The Paragon Centre
      1611 Pond Road, Suite 300
      Allentown, PA 18104-2256
      Telephone: (610) 391-1800
      Facsimile: (610) 391-1805
      E-mail: slipson@thslaw.com


GUADALAJARA OF HUNTSVILLE: "Ortega" Suit Alleges FLSA Violation
---------------------------------------------------------------
Maria Ortega, v. Guadalajara of Huntsville, Inc., Ruben Mendoza,
Louis Garcia, Miguel Ruiz, and Juvenal Ruiz, Case 5:15-cv-02191-
HGD (N.D.Ala., December 1, 2015), seeks on behalf of "chip
runners" and "servers" unpaid wages, equitable relief, declaratory
relief, and reasonable attorney fees and costs under the Fair
Labor Standards Act.

The defendant operates its business in Alabama.

The Plaintiff is represented by:

     Daniel E. Arciniegas, Esq.
     WIGGINS, CHILDS, PANTAZIS, FISHER & GOLDFARB LLC
     The Kress Building
     301 19th Street North
     Birmingham, AL 35203
     Phone: (205) 314-0500
     Fax: (205) 254-1500


HONEY & Q: Recalls Multiple Honey Products
------------------------------------------
Starting date: November 20, 2015
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Chemical
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Honey & Q Corporation
Distribution: Ontario, Quebec
Extent of the product distribution: Retail,
Hotel/Restaurant/Institutional
CFIA reference number: 10124

  Brand       Common      Size      Code(s) on        UPC
  name        name        ----      product           ---
  ----        ------                ----------
  None        Honey       Various   Client-provided   None
                                    packaging;
                                    packaged by
                                    Honey & Q on
                                    June 30,
                                    August 20, August
                                    22, and September
                                    14, 2015
  Honey & Q,  Wildflower  1 kg      Product of Russia  6 27843-
  Sunderland  Raw Honey                                06030 7
  Hives
  None        Pure Honey  295 kg    MT134-12 GU        None
                                    11.02.15


HYUNDAI: Recalls Certain 2013, 2014 & 2015 Vehicle Models
---------------------------------------------------------
Starting date: November 23, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Powertrain
Units affected: 2848
Source of recall: Transport Canada
Identification number: 2015556TC
ID number: 2015556
Manufacturer recall number: R0104 (51C033)

On certain vehicles equipped with manual transmissions, the
mounting bolts securing the rear differential may not have been
properly fastened due to the suspension's rear crossmember and
differential. Over time, the bolt(s) may loosen, and could cause
the driveshaft to separate from the differential, which would
result in excessive noise and loss of motive power, increasing the
risk of a crash causing injury and/or damage to property.
Correction: Dealers will inspect, and affect repairs as necessary.

  Make     Model      Model year(s) affected
  ----     -----      ----------------------
  HYUNDAI             2013, 2014, 2015


INTERNATIONAL: Recalls Multiple Vehicle Models Due to Crash Risk
----------------------------------------------------------------
Starting date: November 18, 2015
Type of communication: Recall
Subcategory: Truck - Med. & H.D.
Notification type: Safety
Mfr System: Engine
Units affected: 1466
Source of recall: Transport Canada
Identification number: 2015546TC
ID number: 2015546
Manufacturer recall number: 15517

On certain vehicles equipped with Navistar engines, the
accelerator pedal position sensor could move on its mounting
bracket if the pedal is depressed with excessive force. If the
sensor stator were to move out of position, it could change the
sensor signal output, resulting in a high idle. On vehicles
equipped with manual transmissions, if the clutch were to be
depressed during operation, the engine could rise to governed RPMs
resulting in difficulty selecting gears while shifting. In the
condition of a loaded vehicle going down a long grade, the
inability to down shift could cause difficulty in maintaining or
reducing vehicle speed with just the service brakes, which could
increase the risk of a crash causing injury and/or damage to
property. Correction: Dealers will recalibrate the engine
Electronic Control Module (ECM) to eliminate the high idle
condition.

  Make               Model        Model year(s) affected
  ----               -----        ----------------------
  INTERNATIONAL      PROSTAR      2013, 2014
  INTERNATIONAL      LONESTAR     2013, 2014
  INTERNATIONAL      DURASTAR     2013, 2014
  INTERNATIONAL      WORKSTAR     2013, 2014
  INTERNATIONAL      TRANSTAR     2013, 2014


JAYCO: Recalls Eagle HT Fifth Wheel Trailer 2016 Models
-------------------------------------------------------
Starting date: November 19, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety
Mfr System: Label
Units affected: 103
Source of recall: Transport Canada
Identification number: 2015549TC
ID number: 2015549

On certain travel trailers, the certification label on the towing
hitch that indicates the maximum Gross Vehicle Weight Rating
(GVWR) and Tongue Weight for the trailer was omitted. This could
lead to vehicle overloading, potentially causing damage to trailer
and affecting vehicle handling, which could increase the risk of a
crash causing injury and/or property damage. Correction: Labels
will be mailed to owners of affected vehicles, along with
instructions for proper installation. Alternatively, owners can
visit a Jayco dealer to have the new certification label applied.

  Make       Model                   Model year(s) affected
  ----       -----                   ----------------------
  JAYCO      EAGLE HT FIFTH WHEEL    2016
             TRAILER


LAND GUARDIAN: Bartenders, Waiters Allege Violation of FLSA
-----------------------------------------------------------
Krystal Gurule, Melissa Hall, Ryan Matte, and Kimberly Taylor, on
behalf of themselves and other similarly situated persons, v. Land
Guardian, Inc. and Mohammad Ayman Jarrah, individually and d/b/a
Gas Lamp-Bar/Grill, Case 4:15-cv-03487 (S.D.Tex., December 1,
2015), seeks to recover on behalf of bartenders and waiters,
unpaid wages and other damages under the Fair Labor Standards Act.

Land Guardian Incorporated (Individually as LGI) is a domestic
company that owns and/or operates a bar in Houston known as "Gas
Lamp Bar and Grill."

The Plaintiffs are represented by:

     Charles A. Sturm., Esq.
     STURM LAW, PLLC
     723 Main Street, Suite 330
     Houston, TX 77002
     Phone: (713) 955-1800
     Fax: (713) 955-1078
     E-mail: csturm@sturmlegal.com


LASER GENTLE: Fails to Pay Employees Overtime, "Weiner" Suit Says
-----------------------------------------------------------------
Cayla Weiner, individually and on behalf of all others similarly
situated v. Laser Gentle, LLC d/b/a Laser MD MedSpa, Laser Gentle
Braintree, LLC d/b/a Laser MD MedSpa, Laser Gentle, Boston, LLC
d/b/a Laser MD MedSpa, and Manuk Degirmenci, Case No. 15-3644
(Mass. Cmmw. Ct., December 1, 2015) is brought against the
Defendants for failure to pay overtime wages for work in excess of
40 hours per week.

The Defendants are in the business that specializes in laser
treatments, injectable, body-contouring procedures, facials and
peels, and other skin rejuvenation techniques.

The Plaintiff is represented by:

      Adam J. Shfran, Esq.
      Jonathon D. Friedmann, Esq.
      RUDOLPH FRIEDMANN LLP
      92 State Street
      Boston, MA 021 09
      Telephone: (617) 723-7700
      Facsimile: (617) 227-0313
      E-mail: ashafran@rflawyers.com
              jfriedmann@rflawyers.com


LEICA BIOSYSTEMS: Recalls Polymer Refine Red Detection Kits
-----------------------------------------------------------
Starting date: November 16, 2015
Posting date: December 24, 2015
Type of communication: Medical Device Recall
Subcategory: Medical Device
Hazard classification: Type II
Source of recall: Health Canada
Issue: Medical Devices
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-56470

Leica Biosystems recently became aware that some detection kits
may have been subject to a manufacturing error which could result
in inadequate staining. If the product is used according to the
instructions for use with the adequate controls, the end user
would be able to identify the test has not stained correctly.

Affected products:
A. LEICA BOND POLYMER REFINE RED DETECTION DS9390
Lot or serial number: More than 10 numbers, contact manufacturer.
Model or catalog number: DS9390

Manufacturer: Leica Biosystems Newcastle Ltd.
              Balliol Business Park West
              Benton Lane
              UNITED KINGDOM

B. LEICA BOND POLYMER REFINE RED DETECTION
Lot or serial number: More than 10 numbers, contact manufacturer.
Model or catalog number: DS9390

Manufacturer: Leica Biosystems Newcastle Ltd.
              Balliol Business Park West
              Benton Lane
              UNITED KINGDOM


LEOPOLD & ASSOCIATES: Illegally Collects Debt, "Wilner" Suit Says
-----------------------------------------------------------------
Nochum C. Wilner, an individual, on behalf of themselves and all
others similarly situated v. Leopold & Associates, PLLC, et al.,
Case No. 7:15-cv-09374-KMK (S.D.N.Y., November 30, 2015) seeks to
stop the Defendant's unfair and unconscionable means to collect a
debt.

Leopold & Associates, PLLC operates a law firm located 60 E 42nd
St #110, New York, NY 10165.

The Plaintiff is represented by:

      Abraham Kleinman, Esq.
      KLEINMAN LLC
      626 RexCorp Plaza
      Uniondale, NY 11556-0626
      Telephone: (516) 522-2621
      Facsimile: (888) 522-1692
      E-mail: akleinman@kleinmanllc.com


LOBLAW COMPANIES: Recalls Joe Fresh Baby Jackets
------------------------------------------------
Starting date: November 18, 2015
Posting date: November 18, 2015
Type of communication: Consumer Product Recall
Subcategory: Children's Products
Source of recall: Health Canada
Issue: Choking Hazard
Audience: General Public
Identification number: RA-55876

This recall involves the Joe Fresh brand striped quilted baby
jackets with the style code BBF5OT4316 located on an inner tag.
The following SKUs are affected:

  Style Code           Size           Colour       UPC
  ----------           ----           ------       ---
  BBF5OT4316 QLT JKT   0-3 months     Charcoal,    063664849996
                                      Blue and
                                      White
                                      Stripes
  BBF5OT4316 QLT JKT   3-6 months     Charcoal,    063664850008
                                      Blue and
                                      White
                                      Stripes
  BBF5OT4316 QLT JKT   6-12 months    Charcoal,    063664850015
                                      Blue and
                                      White
                                      Stripes
  BBF5OT4316 QLT JKT   12-18 months   Charcoal,    063664850022
                                      Blue and
                                      White
                                      Stripes
  BBF5OT4316 QLT JKT   18-24 months   Charcoal,    063664850039
                                      Blue and
                                      White
                                      Stripes

The affected jackets can lose buttons when they are pulled by
young children, posing a choking hazard.

Health Canada has not received any reports of consumer incidents
or injuries related to the use of the jacket in Canada.

Loblaw Companies Ltd. received one report of a child removing the
button and placing it in their mouth.

Approximately 1223 units of the Joe Fresh baby jackets were sold
at Loblaw banner stores across Canada.

The recalled product was sold from September 2015 to October 2015.

Made in Cambodia.

Distributor: Loblaw Companies Ltd.
             Brampton
CANADA

Pictures of the Recalled Products available at:
http://is.gd/54zYZ6


LOBLAW COMPANIES: Recalls Pumpkin Filled Egg Pasta Due to Cashew
----------------------------------------------------------------
Starting date: November 20, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Tree Nut
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Loblaw Companies Limited
Distribution: National
Extent of the product distribution: Retail
CFIA reference number: 10178

Loblaw Companies Ltd. is recalling PC brand Triangoli Pumpkin
Filled Egg Pasta from the marketplace because it may contain
cashews which are not declared on the label. People with an
allergy to cashews should not consume the recalled product
described below.

Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.

If you have an allergy to cashews, do not consume the recalled
product as it may cause a serious or life-threatening reaction.

There have been no reported reactions associated with the
consumption of this product.

This recall was triggered by the company. The Canadian Food
Inspection Agency (CFIA) is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled product
from the marketplace.

  Brand    Common             Size    Code(s) on  UPC
  name     name               ----    product     ---
  ----     ------                     ----------
  PC       Triangoli Pumpkin  250 g   244Q        0 60383 00536 8
  (Black   Filled Egg Pasta           251Q
  Label)                              261Q
                                      267Q
                                      284Q
                                      286Q
                                      295Q

Pictures of the Recalled Products available at:
http://is.gd/Dfets1


MADISON PARK: Faces "Ellis" Suit in California Over Unit Defects
----------------------------------------------------------------
Robert Ellis v. Madison Park Financial Corporation, Market
Holdings LLC, 1919 Bayside LLC, and Does 1-100, Case No.
RG15795247 (Cal. Super. Ct., December 2, 2015) is brought on
behalf of the tenants who suffered emotional distress, physical
injury, over-payment of rent, and out-of-pocket expenses as a
result of the Defendants' failure and refusal to make repairs of
the habitability defects to the subject premises.

The Defendants operate the real property located 1919 Market St.,
Unit F, Oakland, County of Alameda, California.

The Plaintiff is represented by:

      Michael Karatov, Esq.
      Matthew Whatley, SBN: 233521
      WHATLEY & KARATOV
      3494 Camino Tassajara #343
      Danville, CA 94506
      Telephone: (925) 785-6020
      Facsimile: (415) 729-1683
      E-mail: karatov@whatleyandkaratov.com
              whately@whatleyandkaratov.com


MADISON PARK: Faces "Terbolizard" Suit in Cal. Over Unit Defects
----------------------------------------------------------------
Theodore Terbolizard v. Madison Park Financial Corporation, Market
Holdings LLC, 1919 Bayside LLC, and Does 1-100, Case No.
RG15795019 (Cal. Super. Ct., December 1, 2015) is brought on
behalf of the tenants who suffered emotional distress, physical
injury, over-payment of rent, and out-of-pocket expenses as a
result of the Defendants' failure and refusal to make repairs of
the habitability defects to the subject premises.

The Defendants operate the real property located 1919 Market St.,
Unit F, Oakland, County of Alameda, California.

The Plaintiff is represented by:

      Michael Karatov, Esq.
      Matthew Whatley, SBN: 233521
      WHATLEY & KARATOV
      3494 Camino Tassajara #343
      Danville, CA 94506
      Telephone: (925) 785-6020
      Facsimile: (415) 729-1683
      E-mail: karatov@whatleyandkaratov.com
              whately@whatleyandkaratov.com


MATCHBOX LLC: Doesn't Properly Pay Employees, "Daniels" Suit Says
-----------------------------------------------------------------
Aaron Daniels, Individually, and on Behalf of All Those Similarly
Situated v. Frank Fiore, David Brown, Matchbox, LLC and Target
Marketing Group, Case No. 07748/2015 (N.Y. Sup. Ct., December 2,
2015) is brought against the Defendants for failure to pay minimum
wage, overtime and other compensation to their loan officers.

The Defendants own and operate a business which provides mortgage
banking services to consumers.

The Plaintiff is represented by:

      Blaine H. Bortnick, Esq.
      Melvin L. Schweitzer, Esq.
      LIDDLE & ROBINSON, L.L.P.
      800 1bird A venue
      New York, NY 10022
      Telephone: (212) 687-8500
      Facsimile: (212) 687-1505
      E-mail: BBortnick@liddlerobinson.com


MAXIM HEALTHCARE: Faces "Fields" Suit Over Failure to Pay OT
------------------------------------------------------------
Ronda L. Fields v. Maxim Healthcare Services, Inc., Case No. 1:15-
cv-03634-JFM (D. Md., November 30, 2015) is brought against the
Defendants for failure to pay overtime compensation for work in
excess of 40 hours during a workweek.

Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.

The Plaintiff is represented by:

      Robert E. DeRose, Esq.
      Robi J. Baishnab, Esq.
      BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
      250 E. Broad St., 10th Floor
      Columbus, OH 43215
      Telephone: (614) 221-4221
      E-mail: bderose@barkanmeizlish.com
              rbaishnab@barkanmeizlish.com

         - and -

      G. Tony Atwal, Esq.
      Timothy J. Becker, Esq.
      JOHNSON BECKER, PLLC
      33 South Sixth Street, Suite 4530
      Minneapolis, MN 55402
      Telephone: (612) 436-1800
      E-mail: tatwal@johnsonbecker.com
              tbecker@johnsonbecker.com

         - and -

      Jason J. Thompson, Esq.
      Neil B. Pioch, Esq.
      Jesse L. Young, Esq.
      SOMMERS SCHWARTZ, P.C.
      One Towne Square, Suite 1700
      Southfield, MI 48076
      Telephone: (248) 355-0300
      E-mail: jthompson@sommerspc.com
              npioch@sommerspc.com
              jyoung@sommerspc.com

         - and -

      Carlos Leach, Esq.
      MORGAN & MORGAN, P.A.
      20 North Orange Avenue, Suite 1400
      Orlando, FL 32802
      Telephone: (407) 420-1414
      E-mail: CLeach@forthepeople.com


MAXIM HEALTHCARE: Faces "Hamilton" Suit Over Failure to Pay OT
--------------------------------------------------------------
Alphadeesha F. Hamilton v. Maxim Healthcare Services, Inc., Case
No. 1:15-cv-03635-ELH (D. Md., November 30, 2015) is brought
against the Defendants for failure to pay overtime compensation
for work in excess of 40 hours during a workweek.

Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.

The Plaintiff is represented by:

      Robert E. DeRose, Esq.
      Robi J. Baishnab, Esq.
      BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
      250 E. Broad St., 10th Floor
      Columbus, OH 43215
      Telephone: (614) 221-4221
      E-mail: bderose@barkanmeizlish.com
              rbaishnab@barkanmeizlish.com

         - and -

      G. Tony Atwal, Esq.
      Timothy J. Becker, Esq.
      JOHNSON BECKER, PLLC
      33 South Sixth Street, Suite 4530
      Minneapolis, MN 55402
      Telephone: (612) 436-1800
      E-mail: tatwal@johnsonbecker.com
              tbecker@johnsonbecker.com

         - and -

      Jason J. Thompson, Esq.
      Neil B. Pioch, Esq.
      Jesse L. Young, Esq.
      SOMMERS SCHWARTZ, P.C.
      One Towne Square, Suite 1700
      Southfield, MI 48076
      Telephone: (248) 355-0300
      E-mail: jthompson@sommerspc.com
              npioch@sommerspc.com
              jyoung@sommerspc.com

         - and -

      Carlos Leach, Esq.
      MORGAN & MORGAN, P.A.
      20 North Orange Avenue, Suite 1400
      Orlando, FL 32802
      Telephone: (407) 420-1414
      E-mail: CLeach@forthepeople.com


MAXIM HEALTHCARE: Faces "James" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Renee M. James v. Maxim Healthcare Services, Inc., Case No. 1:15-
cv-03636-JFM (D. Md., November 30, 2015) is brought against the
Defendants for failure to pay overtime compensation for work in
excess of 40 hours during a workweek.

Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.

The Plaintiff is represented by:

      Robert E. DeRose, Esq.
      Robi J. Baishnab, Esq.
      BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
      250 E. Broad St., 10th Floor
      Columbus, OH 43215
      Telephone: (614) 221-4221
      E-mail: bderose@barkanmeizlish.com
              rbaishnab@barkanmeizlish.com

         - and -

      G. Tony Atwal, Esq.
      Timothy J. Becker, Esq.
      JOHNSON BECKER, PLLC
      33 South Sixth Street, Suite 4530
      Minneapolis, MN 55402
      Telephone: (612) 436-1800
      E-mail: tatwal@johnsonbecker.com
              tbecker@johnsonbecker.com

         - and -

      Jason J. Thompson, Esq.
      Neil B. Pioch, Esq.
      Jesse L. Young, Esq.
      SOMMERS SCHWARTZ, P.C.
      One Towne Square, Suite 1700
      Southfield, MI 48076
      Telephone: (248) 355-0300
      E-mail: jthompson@sommerspc.com
              npioch@sommerspc.com
              jyoung@sommerspc.com

         - and -

      Carlos Leach, Esq.
      MORGAN & MORGAN, P.A.
      20 North Orange Avenue, Suite 1400
      Orlando, FL 32802
      Telephone: (407) 420-1414
      E-mail: CLeach@forthepeople.com


MAXIM HEALTHCARE: Faces "Pappas" Suit Over Failure to Pay OT
------------------------------------------------------------
Barbara Pappas v. Maxim Healthcare Services, Inc., Case No. 1:15-
cv-02445-DCN (N.D. Ohio, November 30, 2015) is brought against the
Defendants for failure to pay overtime compensation for work in
excess of 40 hours during a workweek.

Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.

The Plaintiff is represented by:

      Robert E. DeRose, Esq.
      Robi J. Baishnab, Esq.
      BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
      250 E. Broad St., 10th Floor
      Columbus, OH 43215
      Telephone: (614) 221-4221
      E-mail: bderose@barkanmeizlish.com
              rbaishnab@barkanmeizlish.com


MAXIM HEALTHCARE: Faces "Sapp" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Miyishah Sapp v. Maxim Healthcare Services, Inc., Case No. 1:15-
cv-03631-GLR (D. Md., November 30, 2015) is brought against the
Defendants for failure to pay overtime compensation for work in
excess of 40 hours during a workweek.

Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.

The Plaintiff is represented by:

      Robert E. DeRose, Esq.
      Robi J. Baishnab, Esq.
      BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
      250 E. Broad St., 10th Floor
      Columbus, OH 43215
      Telephone: (614) 221-4221
      E-mail: bderose@barkanmeizlish.com
              rbaishnab@barkanmeizlish.com

         - and -

      G. Tony Atwal, Esq.
      Timothy J. Becker, Esq.
      JOHNSON BECKER, PLLC
      33 South Sixth Street, Suite 4530
      Minneapolis, MN 55402
      Telephone: (612) 436-1800
      E-mail: tatwal@johnsonbecker.com
              tbecker@johnsonbecker.com

         - and -

      Jason J. Thompson, Esq.
      Neil B. Pioch, Esq.
      Jesse L. Young, Esq.
      SOMMERS SCHWARTZ, P.C.
      One Towne Square, Suite 1700
      Southfield, MI 48076
      Telephone: (248) 355-0300
      E-mail: jthompson@sommerspc.com
              npioch@sommerspc.com
              jyoung@sommerspc.com

         - and -

      Carlos Leach, Esq.
      MORGAN & MORGAN, P.A.
      20 North Orange Avenue, Suite 1400
      Orlando, FL 32802
      Telephone: (407) 420-1414
      E-mail: CLeach@forthepeople.com


MAXIM HEALTHCARE: Faces "Shenefield" Suit Over Failure to Pay OT
----------------------------------------------------------------
Christine E. Shenefield v. Maxim Healthcare Services, Inc., Case
No. 1:15-cv-03632-CCB (D. Md., November 30, 2015) is brought
against the Defendants for failure to pay overtime compensation
for work in excess of 40 hours during a workweek.

Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.

The Plaintiff is represented by:

      Robert E. DeRose, Esq.
      Robi J. Baishnab, Esq.
      BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
      250 E. Broad St., 10th Floor
      Columbus, OH 43215
      Telephone: (614) 221-4221
      E-mail: bderose@barkanmeizlish.com
              rbaishnab@barkanmeizlish.com

         - and -

      G. Tony Atwal, Esq.
      Timothy J. Becker, Esq.
      JOHNSON BECKER, PLLC
      33 South Sixth Street, Suite 4530
      Minneapolis, MN 55402
      Telephone: (612) 436-1800
      E-mail: tatwal@johnsonbecker.com
              tbecker@johnsonbecker.com

         - and -

      Jason J. Thompson, Esq.
      Neil B. Pioch, Esq.
      Jesse L. Young, Esq.
      SOMMERS SCHWARTZ, P.C.
      One Towne Square, Suite 1700
      Southfield, MI 48076
      Telephone: (248) 355-0300
      E-mail: jthompson@sommerspc.com
              npioch@sommerspc.com
              jyoung@sommerspc.com

         - and -

      Carlos Leach, Esq.
      MORGAN & MORGAN, P.A.
      20 North Orange Avenue, Suite 1400
      Orlando, FL 32802
      Telephone: (407) 420-1414
      E-mail: CLeach@forthepeople.com


MAXIM HEALTHCARE: Faces "Terrell" Suit Over Failure to Pay OT
-------------------------------------------------------------
Michelle Terrell v. Maxim Healthcare Services, Inc., Case No.
1:15-cv-03633-MJG (D. Md., November 30, 2015) is brought against
the Defendants for failure to pay overtime compensation for work
in excess of 40 hours during a workweek.

Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.

The Plaintiff is represented by:

      Robert E. DeRose, Esq.
      Robi J. Baishnab, Esq.
      BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
      250 E. Broad St., 10th Floor
      Columbus, OH 43215
      Telephone: (614) 221-4221
      E-mail: bderose@barkanmeizlish.com
              rbaishnab@barkanmeizlish.com

         - and -

      G. Tony Atwal, Esq.
      Timothy J. Becker, Esq.
      JOHNSON BECKER, PLLC
      33 South Sixth Street, Suite 4530
      Minneapolis, MN 55402
      Telephone: (612) 436-1800
      E-mail: tatwal@johnsonbecker.com
              tbecker@johnsonbecker.com

         - and -

      Jason J. Thompson, Esq.
      Neil B. Pioch, Esq.
      Jesse L. Young, Esq.
      SOMMERS SCHWARTZ, P.C.
      One Towne Square, Suite 1700
      Southfield, MI 48076
      Telephone: (248) 355-0300
      E-mail: jthompson@sommerspc.com
              npioch@sommerspc.com
              jyoung@sommerspc.com

         - and -

      Carlos Leach, Esq.
      MORGAN & MORGAN, P.A.
      20 North Orange Avenue, Suite 1400
      Orlando, FL 32802
      Telephone: (407) 420-1414
      E-mail: CLeach@forthepeople.com


MEXICAN RADIO: "Fagoth" Suit Seeks to Recover Unpaid Overtime
-------------------------------------------------------------
Tangni Fagoth, Guztavo Cortes, Stephanie Garcia, Juliana Palomino,
Annette Polanco, Noemi Rivera, Angelica Robleto, and Nadgie
Santana, on behalf of themselves and other employees similarly
situated v. Mexican Radio Corp., Lori Selden and William Young,
Case No. 1:15-cv-09429 (S.D.N.Y., December 1, 2015) seeks to
recover unpaid overtime wages and damages pursuant to the Fair
Labor Standard Act.

The Defendants own and operate Mexican Radio Restaurant located at
19 Cleveland Place, New York, New York, 10012.

The Plaintiff is represented by:

      Rachel Nicotra, Esq.
      LAW OFFICE OF RACHEL NICOTRA
      33 West 19th Street, 4th Floor
      New York, NY 10011
      Telephone: (646) 462-3960
      Facsimile: (646) 462-3965


MIA HOSPITALITY: Faces "Garcia" Suit Alleging FLSA Violation
------------------------------------------------------------
Naya Garcia and other similarly-situated individuals, v. Mia
Hospitality, LLC d/b/a Fairfield Inn And Suites a/k/a Fairfield
Inn Miami Airport and Natalia Fernandez, individually, Case 1:15-
cv-24427-JAL (S.D.Fla., December 1, 2015), seeks to recover money
damages for unpaid overtime wages under the Fair Labor Standards
Act.

The Defendant provides lodging services to the general public.

The Plaintiff is represented by:

     Zandro E. Palma, Esq.
     ZANDRO E. PALMA, P.A
     9100 S. Dadeland Blvd. Suite 1500
     Miami, FL 33156
     Phone: (305) 446-1500
     Fax: (305) 446-1502
     E-mail: zep@thepalmalawgroup.com


NATIONIAL BUREAU: Illegally Collects Debt, "Selma" Suit Claims
--------------------------------------------------------------
Rodney Selman, on behalf of himself and all other similarly
situated consumer v. Nationial Bureau Collection Corp., Case No.
1:15-cv-06790 (E.D.N.Y., November 26, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Nationial Bureau Collection Corp. operates a debt collection firm
located at 150 White Plains Rd, Tarrytown, NY 10591.

The Plaintiff is represented by:

      Adam Jon Fishbein, Esq.
      ADAM J. FISHBEIN, ATTORNEY AT LAW
      483 Chestnut Street
      Cedarhurst, NY 11516
      Telephone: (516) 791-4400
      Facsimile: (516) 791-4411
      E-mail: fishbeinadamj@gmail.com


NATIONAL RECOVERY: Illegally Collects Debt, "Kaufman" Suit Says
---------------------------------------------------------------
Eliyahu Kaufman, individually and on behalf of all others
similarly situated v. National Recovery Agency, Case No. 7:15-cv-
09355 (S.D.N.Y., November 30, 2015) seeks to stop the Defendant's
unfair and unconscionable means to collect a debt.

National Recovery Agency operates a credit reporting agency in New
York.

Eliyahu Kaufman is a pro se plaintiff.


NATIONSTAR MORTGAGE: Illegally Collects Debt, Action Claims
-----------------------------------------------------------
Moshe Nussenzweig, on behalf of himself and all other similarly
situated consumers v. Nationstar Mortgage LLC, Case No. 1:15-cv-
06800-KAM-RLM (E.D.N.Y., November 30, 2015) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.

Headquartered in Lewisville, Texas, Nationstar Mortgage LLC
provides residential mortgage loan services throughout the United
States.

The Plaintiff is represented by:

      Adam Jon Fishbein, Esq.
      ADAM J. FISHBEIN, ATTORNEY AT LAW
      483 Chestnut Street
      Cedarhurst, NY 11516
      Telephone: (516) 791-4400
      Facsimile: (516) 791-4411
      E-mail: fishbeinadamj@gmail.com


NEW YORK: Found to Have Negligently Destroyed Suit Docs
-------------------------------------------------------
Mark Hamblett, writing for New York Law Journal, reports that New
York City has been sanctioned for not preserving documents in a
civil rights class action alleging police improperly set quotas
for the number of summonses each officer must issue.

Southern District Judge Robert Sweet said the New York City Police
Department was "grossly negligent" in allowing documents to be
destroyed knowing they could be relevant to the case.

He also faulted a police order on the routine destruction of
documents, including summonses -- an order that "included
information on how to utilize an industrial shredding truck to
destroy documents en masse."

The case alleges hundreds of thousands of people have been issued
summonses without probable cause in violation of the First,
Fourth, Fifth, Eight and Fourteenth Amendments. The plaintiffs
accuse officers of issuing summonses solely to hit the number set
by their superiors.

The lead plaintiff in the case, Sharif Stinson, was 19 years old
when the suit was brought in 2010. He said he was stopped,
detained and searched without probable cause on New Year's Eve
2009 as he left his aunt's apartment building on East 179th
Street. He was given a disorderly conduct summons that was
ultimately dismissed.

A trial in Stinson v. City of New York, 10 Civ. 4228, is expected
to start sometime this year. Sweet said the jury will be
instructed that "the absence of documentary evidence does not in
this case establish the absence of a summons quota policy."

Sweet, in his opinion on the consequences for spoliation of
evidence, said the city's litigation hold, which was issued in
August 2013, was "late and ineffective."

The plaintiffs filed suit in 2010, but Sweet noted that summons
quotas were a major issue as far back as Jan. 31, 2008, when the
complaint was filed in another case, Floyd v. City of New York --
the central piece of litigation over police stop-and-frisk
practices.

The city settled Floyd, and a remedial order remedying
unconstitutional practices is now being implemented.

Because Floyd "contained significant quota-related allegations,"
Sweet said the duty to preserve arose on the date Floyd was filed.
The city had argued that it was unreasonable to require that
police documents be preserved indefinitely because the NYPD is so
often involved in litigation. It contended that a broad duty to
preserve would, in effect, amount to a "perpetual litigation
hold."


"The statement is inarguable," Sweet said. "But it does not
justify a three-year failure to issue a litigation hold in this
action, or a failure to preserve documents while the Floyd case,
in which the issue of an alleged quota was 'hotly contested'. . .
remained pending."

Sweet disagreed with the NYPD's complaint that the plaintiffs were
demanding the city preserve every relevant document in the hands
of the department.

"While the plaintiffs have made overbroad discovery requests
before, the reasonableness of one party's demands does not
determine the scope of the other party's obligation to preserve
documents," he said.

The judge faulted policies that provided for the destruction of
evidence, including the destruction of bureau chief memos after
three years, monthly performance reports after four years and
criminal court summonses after four years.

The same was true of electronically stored information such as
email and text, as well as the destruction of materials relating
to police CompStat meetings, where crime and performance-related
data are exchanged and policy is set, and officer activity
reports.

The judge found few responsive documents were produced on emails
from former Commissioner Raymond Kelly, former Chief of Department
Joseph Esposito and other officials -- an indication the emails
were deleted.

The judge's instruction to the jury, which serves as the city's
sanction, is called a "permissive inference."

The sanction fell well short of the set of 16 mandatory adverse
inferences that plaintiffs lawyers wanted to put before the jury,
including one where the court would instruct the jury that there
was a summons quota in place and that Kelly, Esposito and other
senior department officials implemented it.

Sweet said to adopt the plaintiffs' sanction would be to "dictate
success on seriously contested issues" in a case where the
plaintiffs "face a steep evidentiary burden to establish the
existence of an official policy, pattern, or practice" under
Monell v. Department of Social Services of the City of New York,
436 U.S. 658 (1978).

Nevertheless, the sanction of a permissive inference is a big
advantage for the plaintiffs either in settlement talks or at
trial.

While Sweet found the city was grossly negligent in destroying
evidence, "there is no basis to conclude that the city acted in
bad faith." Rather, he said, the city's conduct showed "a broad
failure to take its preservation obligations seriously rather than
any attempt to lie or mislead."

The judge noted that the parties exchanged "inflammatory language"
on whether the existence of the emails established that senior
officers committed perjury. He found that allegation
"unsupported."

Law Department spokesman Nicholas Paolucci issued a statement
saying, "While the court suggests that there may have been
systemic failures in preserving electronic and other
communications, Judge Sweet categorically dismisses any suggestion
that either former commissioner Kelly or former chief Esposito
testified falsely as to the matters in question."

The plaintiffs are represented by Gerald Cohen and Joshua Fitch of
Cohen & Fitch, solo practitioner Jon Norinsberg and attorneys with
Quinn Emanuel Urquhart & Sullivan: partners Elinor Sutton, Steig
Olson and Stephen Neuwirth.

"Plaintiffs are pleased to see that the federal court has insured
that defendants will face severe consequences for failing to take
their legal obligations seriously, especially in light of the fact
that this case concerns the constitutional rights of hundreds of
thousands of individuals," Sutton said. "The plaintiffs hope that
the court's decision will help ensure that relevant evidence is no
longer destroyed in future litigation with the NYPD."

The city is represented by assistant corporation counsels Qiana
Smith-William, Joanne McLaren, Sheila Weinstein, Steven Silverberg
and Suzanna Mettham.


OLD FASHIONED: "McNamee" Class Suit Removed to E. D. Missouri
-------------------------------------------------------------
The class action lawsuit entitled Laura McNamee, individually and
on behalf of all others similarly situated v. The Old Fashioned
Kitchen, Inc., Case No. 1522-CC00732, was removed from the Circuit
Court, City of St. Louis to the U.S. District Court
Eastern District of Missouri (St. Louis). The District Court Clerk
assigned Case No. 4:15-cv-01766-RWS to the proceeding.

The Old Fashioned Kitchen, Inc. is a manufacturer of frozen
blintzes, dessert crepes, pancakes, pierogies for the food retail
market.

The Plaintiff is represented by:

      Matthew H. Armstrong, Esq.
      ARMSTRONG LAW FIRM, LLC
      8816 Manchester Road
      St. Louis, MO 63144
      Telephone: (314) 258-0212
      E-mail: matt@mattarmstronglaw.com

The Defendant is represented by:

      Jennifer L. Woulfe, Esq.
      RYNEARSON AND SUESS, L.L.C.
      500 N. Broadway, Suite 1550
      St. Louis, MO 63102
      Telephone: (314) 421-4430
      Facsimile: (314) 421-4431
      E-mail: jwoulfe@rssclaw.com


RAILROAD SIGNAL: Fails to Pay Employees OT, "Garza" Suit Says
-------------------------------------------------------------
Israel Garza, On Behalf of Himself and All Others Similarly
Situated v. Railroad Signal International, LLC, Case No. 7:15-cv-
00510 (S.D. Tex., December 1, 2015) is brought against the
Defendant for failure to pay overtime wages for work more than 40
hours in a workweek.

Railroad Signal International, LLC designs, manufactures,
installs, maintains, repairs and inspects railroad crossing
signals for companies who own, manage, and maintain highway grade
railroad crossings.

The Plaintiff is represented by:

      Michael K. Burke, Esq.
      LAW OFFICES OF MICHAEL M. GUERRA BURKE & KHIRALLAH, LLP
      3900 N. 10th St., Suite 850
      McAllen, TX 78501
      Telephone: (956) 682-5999
      Facsimile: (888) 317-8802
      E-mail: mburke@mmguerra.com

         - and -

      Michael M. Guerra, Esq.
      LAW OFFICES OF MICHAEL M. GUERRA BURKE & KHIRALLAH, LLP
      3900 N. 10th St., Suite 850
      McAllen, TX 78501
      Telephone: (956) 682-5999
      Facsimile: (888) 317-8802
      E-mail: mike@mmguerra.com


SAIGON GRILL: Faces "Garcia" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Isidro Garcia and Eliazar Valentin, individually and on behalf of
others similarly situated v. Saigon Grill, Inc. d/b/a Saigon
Market, Simon Nget, and Chris Pizzimenti, Case No. 1:15-cv-09433
(S.D.N.Y., December 1, 2015) is brought against the Defendants for
failure to pay overtime wages in violation of the Fair Labor
Standard Act.

The Defendants own and operate a Vietnamese restaurant located at
91-93 University Place New York, NY 10003.

The Plaintiff is represented by:

      Michael Faillace, Esq.
      MICHAEL FAILLACE & ASSOCIATES, PC
      60 East 42nd Street, Suite 2540
      New York, NY 10165
      Telephone: (212) 317-1200
      E-mail: Michael@Faillacelaw.com


SESTWON PIZZA: Faces Suit in N.Y. Alleging FLSA, NYLL Violation
---------------------------------------------------------------
Isac Munoz Rumaldo Antonio Sanchez-Vargas, Juan Gonzalez, Jorge
Isaac Parra Romero, Emilio A. Nunez-Bernaid, and Keler Vargas,
individually and on behalf of all others similarly situated, v.
Sestwon Pizza LLC d/b/ Adomino's Pizza, and Robert Cookston, an
individual, Case: CV 15-6833 (E.D.N.Y., December 1, 2015), alleges
that Defendants wilfully engaged in various unlawful employment
policies, patterns and/or practices under the Fair Labor Standards
Act and New York Labor Law.

Defendants run a website to prepare and sell pizzas and other food
and beverage items for takeout and delivery.

The Plaintiffs are represented by:

     Roman Avshalumov., Esq.
     HELEN F. DALTON & ASSOCIATES, PC
     69-12 Austin Street
     Forest Hills, NY 11375
     Phone: 718-263-9591
     Fax: 718-263-9598


SIDEWINDER DRILLING: Faces "Harvill" Suit Alleging FLSA Violation
-----------------------------------------------------------------
Joseph Harvill individually and on behalf of all others similarly
situated, v. Sidewinder Drilling Inc., Case 4:15-cv-03494
(S.D.Tex., December 1, 2015), seeks to recover unpaid overtime
wages owed to Defendant's workers under the Fair Labor Standards
Act.

Sidewinder is an oilfield services company operating land drilling
rigs throughout the United States in almost every major shale
basin.

The Plaintiff is represented by:

     Michael A. Josephson, Esq.
     Lindsay R. Itkin, Esq.
     Andrew W. Dunlap, Esq.
     Jessica M. Bresler, Esq.
     FIBICH, LEEBRON, COPELAND BRIGGS & JOSEPHSON
     1150 Bissonnet
     Houston, TX 77005
     Phone: 713-751-0025
     Fax: 713-751-0030
     E-mail: mjosephson@fibichlaw.com
             litkin@fibichlaw.com
             adunlap@fibichlaw.com
             jbresler@fibichlaw.com

        - and -

     Richard J. (Rex) Burch, Esq.
     BRUCKNER BURCH, P.L.L.C.
     8 Greenway Plaza Suite 1500
     Houston, TX 77046
     Phone: 713-877-8788
     Fax: 713-877-8065
     E-mail: rburch@brucknerburch.com


SOUTHERN CALIFORNIA GAS: Sued Over Porter Ranch Gas Leak
--------------------------------------------------------
Robyn Shapiro, an individual, individually, Matthew Pakucko, an
individual, Susan I. Gorman-Chang, an individual, nathan
Hemminger, an individual, Gabriel Khanlian, an individual, Save
Porter Ranch, a California non-profit Corporation, and on behalf
of all others similarly situated v. Southern California Gas
Company, et al., Case No. BC602866 (Cal. Super. Ct., December 2,
2015) arises out of the massive gas leak that was discovered on or
about October 23, 2015 next to the residential community of Porter
Ranch that was alleged to be injected underground by the Defendant
into illegally permitted wells.

Southern California Gas Company owns and operates a natural gas
distribution utility.

The Plaintiff is represented by:

      R. Rex Parris Esq.
      Patricia K. Oliver, Esq.
      Ethan Litney, Esq.
      R. REX PARRIS LAW FIRM
      43364 10th Street West
      Lancaster, CA 93534
      Telephone: (661) 949-2595
      Facsimile: (661) 949-7524
      E-mail: rrexparris@rrexparris.com
              poliver@rrexparris.com
              elitney@rrexparris.com


SPARTAN ENERGY: Faces "Lopez" Suit Seeking Overtime Compensation
----------------------------------------------------------------
Adolfo Lopez, Individually and on Behalf of All Others Similarly
Situated, v. Spartan Energy Services, LLC, and Spartan Flow
Control Services, LLC, Case 5:15-cv-01053 (W.D.Tex., December 1,
2015), seeks to recover unpaid overtime compensation owed to him
individually and on behalf of all purported current and former
field workers who performed work for Defendants associated with
oil and gas wells throughout the United States during the three-
year period before the date the court authorizes notice in this
case.

Defendants provide services for oil and gas wells nationwide.

The Plaintiff is represented by:

     Joseph M. Schreiber., Esq.
     LAW OFFICE OF JOSEPH M. SCHREIBER, P.C
     4306 Yoakum Blvd, Suite 370
     Houston, TX 77006
     Phone (281) 949-8904
     Fax (281) 949-8914
     E-mail: joe@jms-lawfirm.com

        - and -

     Willie Briscoe., Esq.
     The Briscoe Law Firm, PLLC
     8150 N. Central Expressway, Suite 1575
     Dallas, TX 75206
     Phone: (214) 239-4568
     Fax: (281) 254-7789
     E-mail: wbriscoe@thebriscoelawfirm.com


SYMANTEC CORPORATION: "Horsfield" Suit Removed to S.D. New York
---------------------------------------------------------------
The class action lawsuit entitled John A. Horsfield, individually
and on behalf of all others similarly situated v. Symantec
Corporation, et al., Case No. 601801-15, was removed from the
State Court-Supreme to the U.S. District Court Southern District
of New York (Foley Square). The District Court Clerk assigned Case
No. 1:15-cv-09382-CM to the proceeding.

Symantec Corporation operates a technology company headquartered
in Mountain View, California.

The Defendant is represented by:

      Adam K. Grant, Esq.
      POLSINELL PC
      900 Third Avenue, 21st Floor
      New York, NY 10022
      Telephone: (212) 684-0199
      Facsimile: (212) 684-0197
      E-mail: akgrant@polsinelli.com

         - and -

      Jason A. Nagi, Esq.
      POLSINELLI SHUGHART P.C.
      7 Penn Plaza, Suite 600
      New York, NY 10007-0017
      Telephone: (212) 659-4989
      Facsimile: (212) 884-8247
      E-mail: jnagi@polsinelli.com


UBER TECHNOLOGIES: Boston Atty Sues on Behalf of Excluded Drivers
-----------------------------------------------------------------
Marisa Kendall, writing for The Recorder, reports that the
plaintiffs' lawyer who's forged a place as Uber's legal nemesis
launched a fresh attack seeking employee protections for dozens of
drivers who won't be included in her huge class action.

Boston-based attorney Shannon Liss-Riordan sued Uber Technologies
Inc. on behalf of drivers left out of O'Connor v. Uber because
they drove through intermediary limo companies or used corporate
names.

U.S. District Judge Edward Chen of the Northern District of
California found their situations could be varied enough to
preclude class treatment.

"We're not going to leave them out in the cold," Liss-Riordan
said. "We represent these individuals and we want to be sure to
protect their rights."

In an email, an Uber spokeswoman pointed out: "The federal
district court already rejected plaintiff's request to certify a
class of these groups, whose circumstances vary widely and who
have control over how they use the app."

The suit filed in San Francisco Superior Court names 78
plaintiffs, and Liss-Riordan said she expects to add more as
drivers continue to contact her.

Uber has estimated about 10,000 drivers were excluded from the
O'Connor litigation, compared to the 150,000 in the class that
Chen certified.

Ironically, the man whose name is attached to the case, lead
plaintiff Douglas O'Connor, was among those excluded because he
drove for Uber through a third-party company. He's named as a
plaintiff in the new suit.

The O'Connor case is set for a June trial in the Northern District
of California. Liss-Riordan will argue her clients are Uber
employees and must receive employee benefits, reimbursement for
driving expenses, and compensation for tips she claims the company
illegally withheld.

Uber maintains its drivers are independent contractors because
they have the freedom to control factors such as the hours and
schedules they work and the routes they drive. Chen certified a
class of California drivers in September, and expanded the class
in December.  Uber is represented by Gibson, Dunn & Crutcher
partner Theodore Boutrous Jr.

Liss-Riordan argues the plaintiffs in her new case also are Uber
employees, even though they drove through intermediaries.
For now Liss-Riordan is litigating the excluded drivers' claims
individually, as they may not be eligible for class treatment
under a new arbitration agreement Uber rolled out in December.

"This is the type of result you see," Liss-Riordan said, referring
to her ponderous suit, "when there is a high degree of interest in
a case and employees aren't allowed to pursue claims as a class
action."


VAALCO ENERGY: 'Everyone Does It' Defense Rejected in Class Action
------------------------------------------------------------------
Tom Hals, writing for Reuters, reports that corporate legal
battles are often decided on nuanced readings of dense statutes,
but one recent ruling that could expose scores of U.S. companies
to shareholder lawsuits turned partly on a much simpler defense:
everybody is doing it.

That failed to sway a Delaware judge, who ruled last December that
oil producer Vaalco Energy Inc had violated the state's widely
used corporate law with a charter provision that barred the
removal of directors without cause.

The ruling could have an impact well beyond tiny Vaalco to include
such well-known names as Aeropostale Inc, Cigna Corp, Ethan Allen
Interiors Inc, JetBlue Airways Corp and Toll Brothers Inc.

Those are some of the nearly 200 companies with similar charter
provisions that Vaalco cited during its defense against a
shareholder class action in Delaware's Court of Chancery.

"Just as 'all the other kids are doing it' wasn't a good argument
for your mother," said Vice Chancellor Travis Laster at a hearing
on Dec. 21, "the idea that 175 other companies might have wacky
provisions isn't a good argument for validating your provision."

Vaalco's investor relations coordinator, Al Petrie, did not
immediately return a call for comment.

Vaalco's legal problems began when a group of activist investors
said they intended to replace four of Vaalco's seven directors
after the company's stock began to tumble in late 2014.

Vaalco argued that its charter and bylaw provisions only allowed
investors to remove members of its board for cause.

Several shareholders filed class actions in December alleging the
charter was invalid under Delaware law, which allows for the
removal of directors without cause.

Delaware law does make exceptions, including for companies with a
classified board, or one in which members are elected for
differing terms. Vaalco dropped the classified board structure in
2009, but never changed its charter or bylaws.

Laster seemed unsympathetic about the impact his ruling might have
on the other companies.

"To the extent that this upsets expectations at some give-or-take
175 public companies is just a consequence of people not reading
the statute," he said, according to a transcript.

After Laster's ruling, Vaalco agreed to changes to its board.

A client memo from Wachtell, Lipton, Rosen & Katz attorney William
Savitt, who defends companies, said shareholder attorneys may
demand a board comply with the Vaalco ruling and then seek a fee
if a change is made.

Shareholder attorney Mark Lebovitch told Laster during a hearing
that a quick review of the list of companies with allegedly
invalid charter provisions showed many were out of business or
were actually in compliance with Delaware law.

Jason Halper, a corporate attorney with Orrick, Herrington &
Sutcliffe said he doubted the Vaalco ruling would inspire a flood
of lawsuits against the companies with similar charters, partly
because it was hard to see how shareholders were harmed.

"It's not a live issue without a proxy fight," he said.


VOLKSWAGEN: HR 1927 Affects Vehicle Owners' Cases
-------------------------------------------------
Martine Powers and Lauren Gardner, writing for Politico, report
that as lawyers prepare to take Volkswagen to court on behalf of
angry diesel vehicle owners, the House is slated to vote this week
on a bill (H.R. 1927) to overhaul how injured parties are grouped
into "classes" for class-action lawsuits. The legislation would
require attorneys to show that each proposed class member
experienced "the same type and scope of injury" as everyone else
in the group. It's a bill that has gained heightened attention
this week, with a Fiscal Times story (Headline: "Congress Wants to
Do Something Absolutely Crazy") calling it "a bailout for
Volkswagen." Lauren spoke with attorney Andre Mura, who represents
VW owners involved in class-action litigation; he said the law
would make it more difficult for his clients to seek damages.

Dividing up the class: Per a House Judiciary Committee aide, the
legislation would require judges to put "more injured" people into
a separate class from those "less injured," but leave it to the
discretion of the court to determine whether the class-action
participants suffered injuries that differed in type and magnitude
from others. From Mura: "It seems to be suggesting that there has
to be some sort of heightened sameness requirement." The bill is
vague on what "same" means, but in the case of Volkswagen, Mura
said, "if that means the same car, the same mileage, the same
vehicle number, that would simply make it much more difficult to
bring one class-action suit against an entity like Volkswagen,"
even though the company admitted to installing software across its
diesel fleet to cheat emissions standards. Lawmakers discussed the
bill last summer: "People who are injured deserve to have their
own class actions, in which they present their uniquely powerful
cases, and get the larger recoveries they deserve," committee
Chairman Bob Goodlatte (R-Va.) said in June before a markup.

THE ELEPHANT IN THE ROOM: Out in Las Vegas, Volkswagen CEO Herbert
Diess' appearance at the International Consumer Electronics Show
could hardly have come at a more awkward time. Despite forecasts
that Diess would ignore the scandal, he bit the bullet within
minutes of taking the stage at the Cosmopolitan, offering a
plainspoken mea culpa. "Of course, the current issue with the
diesel engines is certainly nothing to be proud of," Diess said.
"We disappointed our customers and the American people, for which
I am truly sorry."

Diess added that VW is doing "everything we can to make things
right," with owners as well as authorities, but he noted some of
the trouble stems from the fact that the set of regulations in the
U.S. is "different compared to Europe." The CEO said the company
is "working hard to present an acceptable package to the U.S.
authorities," adding he's "optimistic we will gain their
approval."

A CHANGE OF CONVERSATION: Diess' CES speech quickly veered back to
the real reason why he was on stage: to unveil new vehicle models
coming down the pipeline. The headliner was an electric minivan
called "the BUDD-e" (Get it? Like "buddy"!) that's a throwback to
the iconic Volkswagen Microbus of the '60s and '70s. The vehicle's
premiere tied in perfectly with the company's apparent new PR
tack: Whip up VW nostalgia, and remind people of the good ol' days
when Volkswagens stood for peace, love, and happiness . . and not
the bitter taste of those icky defeat devices. (Watching the on-
stage video of sepia-toned VW minibuses towing bikini-clad hippies
on beach excursions, MT was reminded of the Mad Men adage: "If you
don't like what's being said, change the conversation.")

But bad news won't go away: One thing Diess didn't mention: the
recent decline in sales of Volkswagen vehicles in the United
States. The news wasn't much of a shock: Overall, VW car sales
decreased by 5 percent in 2015. VW halted its sale of diesel
vehicles in September, and in the ensuing months the company took
a big hit. As Lauren reports, December 2015 sales saw a 9.11
percent decline from the year before. (That was still a bit better
than November 2015, which was down 25 percent from November 2014.)
Those numbers aren't good, and investors know it: Volkswagen stock
is down 6.6 percent since the market opened.

VW's declining sales were a particularly sharp blow in what turned
out to be a banner year for the American auto industry: More cars
were sold in the United States in 2015 than ever before, and it
was a 13 percent jump from 2014. Even GM, whose ignition switch
defects have been linked with scores of deaths, saw sales rise by
5 percent. Much of the reason behind the soaring figures: 2015's
low gas prices, making driving a more attractive option for
consumers. But the carmakers' successes could also be seen as a
coup for the Obama administration, buoying the notion that the
President "saved Detroit" with his automotive bailout.

Across the pond: From Brussels, POLITICO Europe's Anca Gurzu
reports that the European Parliament is preparing to decide on the
makeup of the new committee tasked with digging into the VW
scandal. Anca explains that "the EP voted overwhelmingly in
December in favor of setting up the 45-member committee, which is
meant to look at the role played by the European Commission and
national authorities in Volkswagen's emissions cheating scandal.
But most political groups have proposed more MEPs to be part of
the committee than their allocated number of seats, a
parliamentary source said. Political groups also need to decide on
the chairman, the vice-chairs and the rapporteur."

But there's always a bright side: Despite the defeat device
scandal, Volkswagen sales are climbing in Mexico, Bloomberg
reports. In that same month with the 25 percent drop-off in the
U.S. market, VW sales in Mexico jumped by 13 percent. Mexico's
dealers association told Bloomberg: "For generations, families at
one time or another have owned a Volkswagen and have a first
impression of the brand . . . They say 'It's never conked out on
me, it's a car I can trust.' The scandal doesn't have the same
impact it's had in other markets."


VOLKSWAGEN AG: Franchisees Skittish About Suing Auto Company
------------------------------------------------------------
Stephanie Forshee, writing for Corporate Counsel, reports that
Volkswagen AG has been hit by lawsuits over its emissions cheating
debacle from just about every angle. But one group has so far been
conspicuously unwilling to sue the carmaker: Volkswagen's 650
franchise car dealers in the U.S. Observers say the franchisees,
which received monthly goodwill payments in 2015, likely have
valid claims but may be skittish about suing the parent company --
for now, at least.

Volkswagen was issued a notice of violation of the Clean Air Act
by the Environmental Protection Agency back in mid-September after
a research lab in West Virginia discovered the car manufacturer
was cheating on its emissions tests. The EPA charged the carmaker
with improperly using a defeat device in its diesel vehicles that
would evade clean air standards, an allegation the carmaker later
admitted was true.

More than 500 class action lawsuits have been filed against
Volkswagen, mostly by consumers. Those suits have been
consolidated in California. The U.S. Department of Justice brought
a civil suit on Jan. 4, alleging violations of the CAA. Volkswagen
has also been sued by a handful of nonfranchise dealerships,
including a used-car dealership in California that says it's
entitled to the same goodwill payments as franchise dealers and a
Chevrolet and Buick dealership in Alabama that says Volkswagen's
actions have dragged down competitor sales.

There's no doubt the scandal has hurt many of Volkswagen's
franchise dealerships. Volkswagen announced its December new-
vehicle sales in the U.S. were down by more than 9 percent
compared with the same month one year ago, while annual sales were
down close to 5 percent. For the last three months of 2015,
Volkswagen provided its franchised dealers with a monthly stipend
in an act of goodwill since dealers were facing stop-sales on all
diesel-engine vehicle models. There has yet to be an announcement
as to whether those payments will continue for January or beyond.

Despite the dip in sales, no franchisees have sued Volkswagen
since the scandal broke less than four months ago. They could be
waiting to assess the damage, says Alan Brown, the general manager
for Lewisville Volkswagen in Lewisville, Texas, and the chairman
of Volkswagen's National Dealer Council. He notes that Volkswagen
reportedly submitted a proposal to the EPA in November but no time
line has been shared on when any fix could be finalized. "Once
that becomes public, then the dealer body and Volkswagen of
America will be able to start assessing what the damages are to
the customer, what the damage is to the dealer," Brown says. "If
performance and fuel economy are affected to a fairly large scale,
then what are these vehicles worth?"

Still, Brown says this isn't a legal battle his dealer group's
general counsel is entertaining. "We have no interest in suing
Volkswagen," he says. "Volkswagen is our partner, and at the end
of the day, I believe we're stronger together than apart." Brown
acknowledges that his voice doesn't represent all of the
carmaker's U.S. dealerships.

Litigation on the part of franchised dealers might be warranted,
but it would be premature, says Michael Charapp, an attorney with
Charapp & Weiss in McLean, Virginia, who represents car dealers.
"No doubt there are grounds for a lawsuit," Charapp says. But for
dealers "job No. 1 is surviving this crisis. I think they've got
to get themselves through 2016 and see where they land," he says.
Leonard Bellavia, senior partner with Mineola, New York-based
Bellavia, Blatt & Crossett, says dealers don't need to wait a full
year before taking action. He's hearing from his dealer clients
that they are frustrated and don't feel that the monthly payments
are sufficient on a long-term basis. Should dealers decide to file
suit, they'll win, he says.

Volkswagen did not respond for comment on this article and has not
publicly announced the amount that dealers are to receive.
Bellavia says his clients received, on average, about $30,000 per
month for the past few months. Payments varied based on the
dealer's size and sales volume.

Bellavia says dealers are reluctant to sue their automaker because
they fear retaliation. Bellavia has seen this reluctance
firsthand, he says. He previously sued Chrysler and Saab on behalf
of dealers but those two carmakers were in bankruptcy and had
little to lose at the time of the litigation, so dealers were more
willing to sue, Bellavia says.

Bellavia stresses that while it is admirable Volkswagen stepped
forward with the monthly payments in 2015, $30,000 per month
barely puts a dent in what he thinks the dealers are owed. "These
dealerships are worth millions of dollars," he says.

It remains to be seen if any Volkswagen dealerships could
ultimately go out of business altogether as a result of the
scandal. "I would assume we've got dealers doing well and I'm
assuming we've got dealers at risk," Brown says. "If a dealer is
operating correctly and doing the right things, I can't imagine
Volkswagen allowing any dealer to fail at this time."


VOLKSWAGEN GROUP: Faces "Fidler" Suit in Cal. Over Defeat Devices
-----------------------------------------------------------------
Michael R. Fidler and Richard Pearlman, individually and on behalf
of themselves and all others similarly situated v. Volkswagen
Group of America, Inc., et al., Case No. 37-2015-00040190-CU-AT-
CTL (Cal. Super. Ct., December 1, 2015) arises out of the
Defendant's alleged installation of defeat devices in
approximately 482,000 diesel Volkswagen and Audi vehicles
manufactured and sold and leased in the United States since 2009,
to switch engines to a cleaner mode during official emissions
testing.

Volkswagen Group of America, Inc. is engaged in the business of
designing, manufacturing, marketing, distributing, and selling
automobiles and other motor vehicles and motor vehicle components
throughout the United States of America.

The Plaintiff is represented by:

      Thomas V. Girardi, Esq.
      Alexandra T. Steele, Esq.
      GIRARDI | KEESE
      1126 Wilshire Boulevard
      Los Angeles, CA 90017
      Telephone: (213) 977-0211
      Facsimile: (213) 481-1554
      E-mail: tgirardi@girardikeese.com
              asteele@girardikeese.com


VOLKSWAGEN GROUP: Faces "Hendricks" Suit Over "CleanDiesels"
------------------------------------------------------------
Ed Hendricks and Jody Hendricks, on Behalf of Themselves and All
Others Similarly Situated, v. Volkswagen Group Of America, Inc.,
Case 2:15-cv-06384-SD (E.D.Pa., December 1, 2015), seeks monetary
damages and other relief arising out of Defendant's alleged
deceptive scheme to violate U.S. law by falsely claiming its
diesel vehicles "CleanDiesels" are environmentally-friendly.

Volkswagen manufactures, distributes, sells, leases and warrants
the diesel vehicles under the Volkswagen, Audi and Porsche brand
names throughout the United States.

The Plaintiffs are represented by:

     Sol H. Weiss, Esq.
     David S. Senoff, Esq.
     Paola Pearson, Esq.
     ANAPOL WEISS
     One Logan Square
     130 N. 18th St., Suite 1600
     Philadelphia, PA 19103
     Phone: (215) 735-1130
     E-mail: sweiss@anapolweiss.com
             dsenoff@anapolweiss.com
             ppearson@anapolweiss.com


YAHOO INC: Judge Says Lawsuit Over Texts Can Be Class Action
------------------------------------------------------------
David McCabe, writing for The Hill, reports that a federal judge
has ruled that Sprint customers can pursue a class-action lawsuit
against Yahoo over automated text messages that they believe
violated the law.

The case concerns "welcome" messages that Yahoo sent to users
after they received a first message through Yahoo's Messenger
service. The plaintiffs in the case allege that those messages
violate the Telephone Consumer Protection Act, which forbids
robocalling and other uses of an autodialer.

Judge Manish Shah in the Northern District of Illinois said that
Sprint customers who received the message between March 1, 2013
and March 31, 2013 and whose phone number was not in Yahoo's user
database are eligible to be a part of the lawsuit. It's a defeat
for Yahoo, which opposed the certification of the class.
Shah rejected many of Yahoo's arguments, including its contention
that a class-action suit could force it to accept damages
disproportionate to its activity.

"Certifying a class action, however, does not necessarily mean
defendant will be found liable. And complaints of
disproportionality are better taken up with Congress," Shah said
in his order.

His ruling was not a complete victory for the plaintiffs in the
case, however, since the judge declined to certify a different
class of T-Mobile users who had also gotten the messages.

Shah said in his ruling that the proposed class could include over
500,000 users.


* Gibson Dunn Class Action Group Wins String of Victories in 2015
-----------------------------------------------------------------
Jess Davis, writing for Law 360, reports that Gibson Dunn's class
action lawyers in 2015 racked up an impressive string of victories
in state and federal courts, securing the dismissal of billions'
worth of putative class claims across a wide breadth of
industries, earning the firm Class Action Group of the Year status
for the sixth time in a row.

The firm swayed the Fifth Circuit to vacate class certification in
a $150 million case alleging Stream Energy Inc. ran a pyramid
scheme through its retail electric business, persuaded the D.C.
Circuit to affirm dismissal of a $2 billion class claim against
American Insurance Group and others, and wiped out putative class
claims alleging that PepsiCo. products caused cancer and that
Yamaha Motor Corp. made defective engines.

Its lawyers also helped shepherd Uber Inc. through a series of
putative class actions brought by drivers, won the dismissal of a
putative class action alleging NASDAQ and others rigged securities
markets to favor high-frequency traders, and reduced by billions
of dollars the scope of price-fixing claims against egg producers
when a district judge declined to certify massive classes of
consumers from 21 states.

"I think the reason why clients continue to entrust us with their
most high-stakes matters is really the results you see," Chris
Chorba, a co-chair of the group, said. "Our lawyers have been able
to turn around some of the most significant lawsuits brought in
recent years, including some very high profile class actions.
Results matter in this business, for better or worse. That's why
clients keep coming back to us for their most significant and high
profile matters."

In the egg price-fixing case, Gibson Dunn represented Cal-Maine
Foods Inc., the nation's largest shell egg producer, in a
potentially whopper-sized class action alleging a cartel of egg
producers conspired to keep supply down and thus increase the cost
of eggs. Facing down a sprawling putative class that could have
encompassed most American households, Gibson Dunn attacked the
issue by raising for the first time questions related to the
requirements for and scope of what's called the Capper-Volstead
antitrust exemption for agricultural producers.

Practice group co-chair Drew Tulumello said in settings with
multiple defendants, the Gibson Dunn practice group tries not to
"just run the usual playbook," but to think about fresh, new and
different ways to attack a case.

"The law is always changing, the facts in each case are always
different; there's really no reason to just go through and make
the standard moves," he said. "That's part of why our class action
team adds a tremendous amount of value. We're always looking for
how do we find right strategy for this case, which may be
completely different from what's been done in this area before."

Tulumello said the firm essentially has its own "brain trust" of
talented lawyers who think deeply about Rule 23 issues, and whose
writing and internal webinars about wonky class action subjects
help the practice group stay on the leading edge of class action
litigation by marshaling the best possible arguments.

The class action group also benefits from the firm's many partners
who work primarily in other areas of the law but who provide
expertise that can be the key to nailing down the right argument,
Chorba said.

"That collaboration may be our secret sauce," he said.

In March, Gibson Dunn stopped at the gates a putative class action
claiming Pepsi should provide medical monitoring to plaintiffs who
said a chemical in its drinks is linked to a form of lung cancer.
The judge dismissed, with prejudice, personal injury and medical
monitoring claims and agreed with the firm that the plaintiffs did
not come close to proving the beverages they drank would have
exposed them to the chemical equivalent to the exposure in certain
rodent studies that were cited by the plaintiffs.

In April, Gibson Dunn won a dismissal with prejudice of all claims
in a putative nationwide class action that alleged Yamaha Motor
Corp. USA boat motors contained a defect that caused them to
corrode years after Yamaha's express warranties expired.

In June, Gibson Dunn scored an appellate victory from the D.C.
Circuit, which affirmed the dismissal of a $2 billion case
claiming AIG, four other insurers and 23 defense contractors
improperly denied workers' compensation benefits to employees
injured while working in overseas combat zones. The firm took
primarily responsibility for preparing a consolidated brief and
presenting oral argument on behalf of all defendants in the
appellate court.

And in October, the Fifth Circuit vacated certification of a fraud
class action against Stream Energy that alleged the company was
operating an illegal pyramid scheme. In the Stream Energy case,
Gibson Dunn was brought in to try to be the "rescue squad" after
briefing had closed in the district court, which certified a class
of more than 150,000 current and former Stream salespeople.

After coming on board, the firm filed a Rule 23(f) petition and
stay application with the Fifth Circuit before winning the
vacation of the certification order.

"I think there was a recognition that the appeal was going to be a
make-or-break or significant inflection point in the case and they
felt very comfortable with having our team take the lead,"
Tulumello said.

It's common for Gibson Dunn to be one of several high-profile
defense teams trying to knock out a class action, so the firm's
lawyers sometimes have to persuade their co-counsel to buy in to
novel, off-the-beaten-path arguments before they can make those
same arguments to a judge.

"For our lawyers, it starts with treating co-counsel with
respect," Chorba said. "It comes naturally to our lawyers because
that's the culture we have internally."

In California state court, the firm in December 2014 obtained
unanimous reversal of a $94 million judgment for ABM Industries
Inc. in a wage-and-hour class action that targeted employers that
require employees to carry radios and remain on call during rest
breaks. Gibson Dunn's approach -- attacking the trial judge's
interpretation of the substantive law -- debunked the plaintiff's
theory of liability and is binding on the entire plaintiff class.

A California appellate court in February affirmed dismissal of a
$6 billion putative class action against Time Warner Cable over
its television rights agreements with Los Angeles sports teams,
agreeing with Gibson Dunn arguments that the plaintiffs' claims
were preempted by federal communications laws.

"When you put together the results we've had with a team that is
energetic, enthusiastic, working very hard to understand all the
business dynamics at play and is fun to brainstorm with, it's a
good combination," Tulumello said. "That's probably not all of it,
but it's a lot of what separates us from other firms."


                            *********

S U B S C R I P T I O N  I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA.  Marion
Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala,
Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher G. Patalinghug, and Peter A. Chapman, Editors.

Copyright 2016. All rights reserved. ISSN 1525-2272.

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