/raid1/www/Hosts/bankrupt/CAR_Public/160902.mbx
C L A S S A C T I O N R E P O R T E R
Friday, September 2, 2016, Vol. 18, No. 176
Headlines
ALL CITY: "Asrorov" Suit Seeks Minimum Wage Under Labor Law
ALL GEORGIA: Faces "Flowers" Suit Filed Under FLSA
APPLE COMMUTER: Faces "Hernandez" Suit Under FLSA, NY Labor Law
BLUEGREEN VACATIONS: Paxton Seeks to Recover Unpaid Wages and OT
BOEHRINGER INGELHEIM: Faces "Buck" Suit Over Pradaxa-Linked Death
BOEHRINGER INGELHEIM: "Niedermann" Lawsuit in Pradaxa Docket
BUTCH'S RAT: Faces "Gutierrez" Lawsuit Seeking OT Pay Under FLSA
BYRD OILFIELD: "Acuff" Suit Seeks Unpaid Back Wages Under FLSA
CENLAR FSB: Faces "Hoddersen" Suit Alleging Violation of RICO Act
CLEVELAND, OH: Sued Over Improper Environmental Adjustment Levy
COSI ENERGY: "Cosi" Suit Seeks Overtime Premium Under FLSA
DALLAS CENTRAL: Alliance PJWE Sues Over Excess Appraised Value
DALLAS CENTRAL: Comerica Bank Sues Over Excessive Appraisal
DALLAS CENTRAL: Piedmont Files Suit Over Appraisal of Property
DALLAS CENTRAL: Best Road Sues Over Incorrect Appraisal
DALLAS CENTRAL: Chick-Fil-A Sues Over Excess Appraised Value
DALLAS CENTRAL: Lynxette Seeks to Reduce Property Appraised Value
DALLAS CENTRAL: Meadow Seeks to Fix Property Appraised Value
DALLAS CENTRAL: Thompson, et al. Seek to Fix Appraised Value
DALLAS CENTRAL: "Bellamy" Sues Over Excess Appraisal Value
DEPUY ORTHOPAEDICS: Faces "Prostor" Lawsuit Over Acetabular Cup
DOUBLE D TONG: "Minyard" Suit Seeks Overtime Premium Under FLSA
EDGEWELL PERSONAL: "Anglin" Suit Transferred to E.D.N.Y.
EDWARD D. JONES: Sued Over Mismanagement of 401(k) Plan's Assets
EL AGUILA BAR: Fails to Pay Overtime, "Mendoza Java" Suit Alleges
EXACTA LLC: Faces "Romero" Lawsuit Under FLSA, Ill. Wage Laws
FILM TRACK: Sued in Cal. Super. Ct. Over Wrongful Termination
FLORIDA ERECTION: Faces "Barahona" Suit Alleging FLSA Violation
GENERAL MILLS: Deceives Nature Valley Consumers, Salamanca Claims
GENERAL MILLS: Sued by Nuez Over Deceptive Marketing of Products
GENERATIONS HEALTHCARE: "Smith" Seeks Overtime Pay Under FLSA
GEO GROUP: Faces "Mulvaney" Suit Over Securities Act Violation
GLOBAL DIGITAL: Faces "Hull" Suit Alleging Securities Law Breach
GOLDCORP INC: Faces "Cowan" Suit Over Securities Act Violation
GRX ELECTRIC: Sued Over Refusal to Pay of Electrical Materials
HEY INC: Parker Wants to Stop Use of Identities in "Stolen" App
IMPRIVATA INC: Board Faces "Coyer" Suit Over Thoma Bravo Buyout
IMPRIVATA INC: BOD Faces "Brooks" Suit Over Thoma Bravo Buyout
INTEGRA PROPERTY: Faces "Garcia" Lawsuit Over FLSA Violation
IQOR HOLDINGS: "Goertemiller" Seeks Overtime Pay Under Labor Code
JOSEPH CORY: Faces "Lupian" Lawsuit Under Ill., NJ Wage Laws
JOY GLOBAL: Faces "Oduntan" Class Suit Over Merger With Komatsu
KINDRED HEALTHCARE: "Cashon" Suit Alleges Cal. Labor Code Breach
L'OREAL: Sued in S.D.N.Y. Over Amla Relaxer's Detrimental Effects
LUMBER LIQUIDATORS: Sued in C.D. Cal. Over Defective Flooring
M.D.L. PROPERTY: "Georges" Suit Seeks Overtime Pay Under FLSA
MADISON COUNTY: MCBOE Sued Over Fair Labor Standards Act Breach
MAHARD EGG: Love, et al. Seek Minimum Wages and OT Pay Under FLSA
MANHATTAN MASALA: "Reyes" Seeks Unpaid Wages & OT Under FLSA
MATTRESS FIRM: Faces "Blair" Lawsuit Seeking OT Pay Under FLSA
MECCA CAMPUS: Sharp Seeks to Recover Unpaid Overtime Under FLSA
MERRILL LYNCH: Faces "Brandes" Lawsuit Alleging FLSA Violation
MOHAN PALACE: "Gomez" Suit Seeks Unpaid Wages Under FLSA
MORGAN STANLEY: Sued in S.D.N.Y. Over Mismanaged 401 (k) Plan
SAFEWAY INC: Faces "Lorenz" Lawsuit Alleging ERISA Violation
SELECT COMFORT: "Azimpour" Suit Alleges Misleading Advertisement
SEQUENOM INC: Faces "Cusumano" Suit Over Sale to LabCorp
SIGNET JEWELERS: Faces "Dube" Securities Class Action
TAQUERIA MORAN: Fails to Pay Overtime, "Quintana" Suit Claims
TOTAL DEVELOPMENT: Accused by Rivera of Not Paying Proper Wages
Asbestos Litigation
ASBESTOS UPDATE: Leave to File Reply Brief in "Juni" Denied
ASBESTOS UPDATE: Curtiss-Wright Still Defends Suits at June 30
ASBESTOS UPDATE: Union Carbide Had $407MM Liability at June 30
ASBESTOS UPDATE: Ensco PLC, Units Had Suits Pending at June 30
ASBESTOS UPDATE: Flowserve Still Subject to PI Liabilities
ASBESTOS UPDATE: Newport-Mesa Schools Won't Adopt Jury Reco
ASBESTOS UPDATE: Asbestos Discovered in Grand Strand School
ASBESTOS UPDATE: Mesowatch Launches Fight for Meso Victims
ASBESTOS UPDATE: Oregon Schools Face Plethora of Envi Concerns
ASBESTOS UPDATE: Asbestos Scare Raises Concerns About Hospital
ASBESTOS UPDATE: Union Accuses State Govt of Asbestos Cover Up
ASBESTOS UPDATE: Australian Asbestos Discoveries Ring Alarm in NZ
ASBESTOS UPDATE: Asbestos Found in Abandoned Box in Candia
ASBESTOS UPDATE: Fair Share Act Still A Question Mark in Cases
ASBESTOS UPDATE: Garlock Bankruptcy Affects Asbestos Workers
ASBESTOS UPDATE: Boxer Pushes EPA to Review Asbestos in New Law
ASBESTOS UPDATE: Waste Dumped on Dartmoor Fears to Have Asbestos
ASBESTOS UPDATE: Family of Cancer Victim Pleas for Ex-Colleagues
ASBESTOS UPDATE: Asbestos at School Force Students to Relocate
ASBESTOS UPDATE: Asbestos Find Closes Murwillumbah Dog Park
ASBESTOS UPDATE: Federal Govt Called to Meet Asbestos Victims
ASBESTOS UPDATE: Crew Accused of Leaving Asbestos Jobs Unfinished
ASBESTOS UPDATE: Police Officers Sue City of Nitro Over Asbestos
ASBESTOS UPDATE: Asbestos Work Displaces Falmouth Students
*********
ALL CITY: "Asrorov" Suit Seeks Minimum Wage Under Labor Law
-----------------------------------------------------------
MASHRAB ASROROV, individually and on behalf of all others
similarly situated, the Plaintiff(s), v. ALL CITY CARE INC., the
Defendant, Case No. 514651/2016 (N.Y. Sup. Ct., Aug. 19, 2016),
seeks to recover damages out of systematic failure of Defendant to
pay Plaintiff and others similarly situated for all hours worked,
time and one half the minimum wage rate for hours worked in excess
of forty in a work week, spread of hours pay for the days in which
Plaintiff and the Class Members worked in excess of ten hours, and
to provide pay stubs and other wage notices that conform with the
requirements of the New York Labor Law (NYLL).
The Plaintiff worked as a home health aide and/or a home
attendant. At the start and end of each work day Plaintiff would
phone in to record his hours. However, Plaintiff was not paid for
all of these recorded hours. Moreover, although Plaintiff
regularly worked over forty hours in a workweek, he was not paid
overtime for all hours worked in excess of forty.
The Defendant provides home health care to frail elderly
individuals who live in New York City.
The Plaintiff is represented by:
Gennadiy Naydenskiy, Esq.
NAYDENSKIY LAW GROUP, P.C.
1517 Voorhies Ave., 2nd Floor
Brooklyn, NY 11235
Telephone: (718) 808 2224
Facsimile: (866) 261 5478
E-mail: naydenskiylaw@gmail.com
ALL GEORGIA: Faces "Flowers" Suit Filed Under FLSA
--------------------------------------------------
DENNIS FLOWERS, and RICHARD ELLIN, individually and on behalf of
all others similarly situated, Plaintiffs, vs. ALL GEORGIA TOWING,
LLC and KENNETH NEIL, Defendants, Case 1:16-cv-03124-LMM (N.D.
Ga., August 25, 2016), was filed under the Fair Labor Standards
Act.
Defendants jointly operated a tow truck service from their
principal place of business.
The Plaintiffs are represented by:
Charles R. Bridgers, Esq.
Kevin D. Fitzpatrick, Jr., Esq.
DELONG CALDWELL BRIDGERS FITZPATRICK & BENJAMIN, LLC
3100 Centennial Tower
101 Marietta Street
Atlanta, GA 30303
Phone: (404) 979-3171
Fax: (404) 979-3170
E-mail: kevin.fitzpatrick@dcbflegal.com
charlesbridgers@dcbflegal.com
APPLE COMMUTER: Faces "Hernandez" Suit Under FLSA, NY Labor Law
---------------------------------------------------------------
RICHARD HERNANDEZ, on behalf of himself, and the Class, Plaintiff,
v. APPLE COMMUTER INC., and BIREN SHAH Defendants, Case 1:16-cv-
04782 (E.D.N.Y., August 25, 2016), was filed pursuant to the Fair
Labor Standards Act, and the New York Labor Law.
The Defendants operate an airport shuttle and car service under
the trade name "Apple Commuter" that transports customers between
New York metropolitan area airports (including LaGuardia
International Airport and John F. Kennedy International Airport),
and a number of hotels located in Manhattan.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Phone: 212-465-1188
Fax: 212-465-1181
BLUEGREEN VACATIONS: Paxton Seeks to Recover Unpaid Wages and OT
----------------------------------------------------------------
WHITNEY PAXTON and JEFF REESER, on behalf of themselves and others
similarly situated v. BLUEGREEN VACATIONS UNLIMITED, INC., PHILLIP
HICKS and TODD SMITH, Individually, Case No. 3:16-cv-00523 (E.D.
Tenn., August 24, 2016), is brought pursuant to the Fair Labor
Standards Act to recover alleged unpaid wages, including overtime
compensation owed to the Plaintiffs, as well as other similarly
situated employees.
Bluegreen Vacations Unlimited, Inc., is a Florida corporation
doing business in the state of Tennessee. The Individual
Defendants are managers, directors or officers of Bluegreen. The
Defendants own resort properties in Sevier County, Tennessee.
The Plaintiffs are represented by:
Jeffrey C. Taylor, Esq.
TAYLOR LAW FIRM
365 West Third North Street
P.O. Box 2004
Morristown, TN 37816
Telephone: (423) 586-6812
E-mail: jeff@taylorlawfirmtn.com
BOEHRINGER INGELHEIM: Faces "Buck" Suit Over Pradaxa-Linked Death
-----------------------------------------------------------------
LAINIE BUCK, INDIVIDUALLY, AS NEXT OF KIN, AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF BERNARD HOFFMAN, DECEASED v.
BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.; and BOEHRINGER
INGELHEIM INTERNATIONAL GMBH, Case No. HHD-CV-16-6070737-S (Conn.
Super. Ct., August 24, 2016), alleges that Bernard Hoffman died
due to intracerebral hemorrhage, which was caused and contributed
to by his use of Pradaxa(R).
Pradaxa(R) (dabigatran etexilate mesylate) is a direct thrombin
inhibitor that is indicated to reduce the risk of stroke and
systemic embolism in patients with non-valvular atrial
fibrillation. The Plaintiff alleges that Pradaxa(R) was
unreasonably defective in design and marketing, considering the
utility of the product and the risk involved in its use. As
designed and marketed, the Plaintiff contends, the risks of
bleeding associated with the use of Pradaxa(R) greatly outweighed
its benefits, if any.
Boehringer is a Delaware corporation, which its principal place of
business located in Ridgefield, Connecticut. Boehringer is a
foreign corporation with its principal place of business located
in Ingelheim am Rhein, Germany. The Defendants are engaged in the
business of designing, licensing, manufacturing, distributing,
selling, marketing, and introducing into interstate commerce the
prescription anticoagulant drug sold under the name Pradaxa(R),
throughout the state of Connecticut.
The Plaintiff is represented by:
Neal L. Moskow, Esq.
URY & MOSKOW, LLC
833 Black Rock Turnpike
Fairfield, CT 06825
Telephone: (203) 610-6393
Facsimile: (203) 610-6399
E-mail: neal@urymoskow.com
- and -
C. Andrew Childers, Esq.
CHILDERS, SCHLUETER & SMITH, LLC
1932 N. Druid Hills Road, Suite 100
Atlanta, GA 30319
Telephone: (404) 419-9500
Facsimile: (404) 419-9501
E-mail: achilders@cssfirm.com
BOEHRINGER INGELHEIM: "Niedermann" Lawsuit in Pradaxa Docket
------------------------------------------------------------
A lawsuit has been filed against Boehringer Ingelheim
Pharmaceuticals, Inc. and Boehringer Ingelheim International GmbH,
in Connecticut Superior Court, Hartford Judicial District. The
case is captioned PLAINTIFF, CRAIG NIEDERMANN, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF MARVENE NIEDERMANN, DECEDENT,
Plaintiff, vs. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC. AND
BOEHRINGER INGELHEIM INTERNATIONAL GMBH, Defendants, (Conn.
Super., Judicial District of Hartford, August 24, 2016).
The lawsuit seeks compensatory, consequential and punitive
damages, as a result of Defendants' reckless disregard for safety
of patients, to whom Pradaxa (TM) was promoted and sold for use,
and as a direct and proximate consequence of Defendants' reckless
disregard for patient safety, in violation of the Connecticut
Products Liability Act.
According to the complaint, the Defendants negligently designed
and formulated Pradaxa (TM) and its packaging, labeling,
prescribing information and patient medication guide which
rendered Pradaxa (TM) defective.
The Plaintiffs are represented by:
Neal L. Moskow, Juris, Esq.
URY & MOSKOW, LLC
833 Black Rock Turnpike
Fairfield, CT 06825
Phone: 203-610-6393
Fax: 203-610-6399
E-mail: neal@urymoskow.com
- and -
Russell T. Abney, Esq.
FERRER, POIROT WANSBROUGH FELLER DANIEL ABNEY & LINVILLE
2100 RiverEdge Parkway, Suite 1025
Atlanta, GA 30328
Phone: 800-521-4492
E-mail: 214-526-6026
E-mail: rabney@lawyerworks.com
BUTCH'S RAT: Faces "Gutierrez" Lawsuit Seeking OT Pay Under FLSA
----------------------------------------------------------------
ABRAHAM GUTIERREZ, AND ALL OTHERS SIMILARLY SITUATED UNDER 29 USC,
Plaintiff, v. BUTCH'S RAT HOLE & ANCHOR SERVICE, INC., & SCOTT
BRYANT, individually, Defendants, Case 7:16-cv-00314 (W.D. Tex.,
August 24, 2016), seeks unpaid overtime under the Fair Labor
Standards Act.
Butch's Rat Hole & Anchor Service, Inc. is in the oilfield casing
services.
The Plaintiff is represented by:
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
10440 N. Central Expy., Suite 1040
Dallas, TX 75231
Phone: (214) 706-0834
Fax: (469) 339-0204
Web site: http://www.4overtimelawyer.com
- and -
J. Derek Braziel, Esq.
Jay Forester, Esq.
LEE & BRAZIEL, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Phone: (214) 749-1400
Fax: (214) 749-1010
Web site: http://www.overtimelawyer.com
BYRD OILFIELD: "Acuff" Suit Seeks Unpaid Back Wages Under FLSA
--------------------------------------------------------------
TIMOTHY ACUFF, AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff,
v. BYRD OILFIELD SERVICES, LLC, MIKE BYRD MANAGEMENT, LLC, BPU
AVIATION, LLC, KAY HIGHT, LORI BYRD & MIKE BYRD, the Defendants,
Case No. 7:16-cv-00311-RAJ (W.D. Tex., Aug. 19, 2016), seeks to
recover unpaid back wages, liquidated damages, and unpaid
compensation, pursuant to the Fair Labor Standards Act (FLSA).
Employees regularly work in excess of 40 hours per workweek. The
Defendants violated the FLSA by failing to count all hours worked
and failing to pay an overtime premium for all overtime hours
worked.
The Defendants are involved in oilfield casing services in
oilfields throughout the United States.
The Plaintiff is represented by:
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
10440 N. Central Expy., Suite 1040
Dallas, TX 75231
Telephone: (214) 706 0834
Facsimile: (469) 339 0204
E-mail: www.4overtimelawyer.com
- and -
J. Derek Braziel, Esq.
LEE & BRAZIEL, L.L.P.
Lamar Street, Suite 325
Dallas, TX 75202
Telephone: (214) 749 1400
Facsimile: (214) 749 1010
E-mail: www.overtimelawyer.com
CENLAR FSB: Faces "Hoddersen" Suit Alleging Violation of RICO Act
-----------------------------------------------------------------
PETER HODDERSEN, on behalf of himself and all others similarly
situated, Plaintiff, v. CENLAR FSB, d/b/a CENTRAL LOAN
ADMINISTRATION & REPORTING; CENLAR AGENCY, INC., AMERICAN
SECURITY INSURANCE COMPANY, and ASSURANT, INC., Defendants, Case
3:16-cv-05156-BRM-DEA (D.N.J. August 24, 2016), was filed on
behalf of all others with residential mortgages serviced by
Defendant Cenlar FSB and who were required to pay for lender-
placed or "force-placed" flood insurance policies that allegedly
violated the Racketeer Influenced and Corrupt Organizations Act.
Cenlar FSB -- http://www.cenlar.com/-- is a loan servicing
provider.
The Plaintiff is represented by:
Bruce D. Greenberg, Esq.
LITE DEPALMA GREENBERG, LLC
570 Broad Street, Suite 1201
Newark, NJ 07102
Phone: (973) 623-3000
Fax: (973) 623-0858
E-mail: bgreenberg@litedepalma.com
- and -
Joseph G. Sauder, Esq.
Matthew D. Schelkopf, Esq.
Joseph B. Kenney, Esq.
MCCUNEWRIGHT LLP
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Phone: (909) 557-1250
E-mail: JGS@mccunewright.com
MDS@mccunewright.com
JBK@mccunewright.com
CLEVELAND, OH: Sued Over Improper Environmental Adjustment Levy
---------------------------------------------------------------
Mary Paul, on behalf of herself and a class of all similarly-
situated persons, 3550 West 47th Street, Cleveland, Ohio 44102,
the Plaintiff, v. City of Cleveland c/o Barbara A. Langhenry,
Director Department of Law 601 Lakeside Avenue, Room 106,
Cleveland, Ohio 44114, the Defendant, Case No. CV16867896 (Ohio
Ct. of Common Pleas, Aug. 19, 2016), seeks to end Cleveland Public
Power's wrongful conduct, and to set customers' accounts aright,
including restitution of all funds extracted by CPP beyond what
was fair and lawful.
The complaint says the CPP failed to disclose the Environmental
Adjustment on customers' monthly billing statements. Instead, CPP
hid the environmental adjustment in another line-item: the Energy
Adjustment Charge (Energy Charge). That charge is authorized to
cover fluctuations in the price of energy -- it has nothing to do
with special environmental-compliance apparatus and equipment.
Thus, even the most diligent customer had no way of knowing (1)
that CPP was including the Environmental Adjustment in the
customer's bill; (2) the amount of that Adjustment; or (3) the
purposes for which the proceeds of that Adjustment would be used.
The CPP allegedly hid and levied the improper Environmental
Adjustments on all customers to whom it made an Energy Charge.
CPP is the largest municipally-owned electric utility in the State
of Ohio and one of the largest in the United States. CPP provides
service to nearly 80,000 customers throughout the City of
Cleveland.
The Plaintiff is represented by:
W. Craig Bashein, Esq.
John P. Hurst, Esq.
BASHEIN & BASHEIN CO., L.P.A.
Terminal Tower, 35th Floor
50 Public Square
Cleveland, OH 44113
Telephone: (216) 771 3239
Facsimile: (216) 771 5876
E-mail: cbashein@basheinlaw.com
jhurst@basheinlaw.com
- and -
Jack Landskroner, Esq.
Drew Legando, Esq.
Tom Merriman, Esq.
Edward S. Jerse, Esq.
LANDSKRONER GRIECO MERRIMAN LLC
1360 West 9th Street, Suite 200
Cleveland, OH 44113
Telephone: (216) 522 9000
Facsimile: (216) 522 9007
E-mail: jack@lgmlegal.com
drew@lgmlegal.com
tom@lgmlegal.com
edjerse@lgmlegal.com
COSI ENERGY: "Cosi" Suit Seeks Overtime Premium Under FLSA
----------------------------------------------------------
TIMOTHY ACUFF, AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff,
v. COSI ENERGY SERVICES, LC, DANNY GASSER, & RICK GASSER, the
Defendants, Case No. 7:16-cv-00312 (W.D. Tex., Aug. 19, 2016),
seeks to recover overtime premium under the Fair Labor Standards
Act (FLSA).
The Defendants employ non-exempt employees to directly and
indirectly provide Defendants' casing and other services to
Defendants' customers, but fail to provide them proper overtime as
required under the FLSA.
Casing Employees regularly work in excess of 40 hours per
workweek. The Defendants violated the FLSA by failing to count all
hours worked and failing to pay an overtime premium for all
overtime hours worked. Specifically, for some types of work,
Defendants paid CEs based on the quantity of work performed.
The Defendants are involved in oilfield casing services in
oilfields throughout the United States
The Plaintiff is represented by:
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
10440 N. Central Expy., Suite 1040
Dallas, TX 75231
Telephone: (214) 706 0834
Facsimile: (469) 339 0204
E-mail: www.4overtimelawyer.com
- and -
J. Derek Braziel, Esq.
LEE & BRAZIEL, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Telephone: (214) 749 1400
Facsimile: (214) 749 1010
E-mail: www.overtimelawyer.com
DALLAS CENTRAL: Alliance PJWE Sues Over Excess Appraised Value
--------------------------------------------------------------
ALLIANCE PJWE LTD PS (SURREY OAKS), the Plaintiff, v. DALLAS
CENTRAL APPRAISAL DISTRICT, the Defendant, Case No. DC-16-10131
(Dallas Cty. Ct., Aug. 21, 2016), seeks monetary relief of
$100,000 or less (attorneys' fees) and non-monetary relief
(correction of the appraisal roll as it pertains to Plaintiff's
property).
Around May 2016, the Plaintiff learned that the Appraisal District
had made an appraisal of the 2016 market value of the Property for
use by the relevant Taxing Units in Dallas County, Texas in
assessing 2016 ad valorem property taxes. The Appraisal District
appraised the value of the Property at $11,520,260.
The complaint says the value placed on the Property represents a
value in excess of fair market value. The appraised value is
unfair and discriminatory, arrived at through the adoption,
application, use and enforcement of a fundamentally erroneous and
unlawful plan, method and formula of valuation and assessment.
The Defendant is responsible for appraising taxable property for
ad valorem taxation purposes.
The Plaintiff is represented by:
Daniel P. Donovan, Esq.
Kathleen F. Donovan, Esq.
GEARY, PORTER & DONOVAN, P.C.
One Bent Tree Tower
16475 Dallas Pkwy., Suite 400
Addison, TX 75001 6837
Telephone: (972) 931 9901
Facsimile: (972) 931 9208
E-mail: ddonovan@gpd.com
kdonovan@gpd.com
DALLAS CENTRAL: Comerica Bank Sues Over Excessive Appraisal
-----------------------------------------------------------
1717 Tower Owner, LP (Comerica Bank Tower), Plaintiff v. Dallas
Central Appraisal District, Case No. DC-16-10494 (Dallas County
Judicial District, August 25, 2016), protests as excessive the
appraised value placed by the Appraisal District on the
Plaintiff's Property, the Comerica Bank Tower located at 1717
Main Street and 2102 Elm Street in Dallas County, Texas.
The Appraisal District is a political subdivision of the State of
Texas.
The Plaintiff is represented by:
Daniel P. Donovan, Esq.
Kathleen f. Donovan, Esq.
GEARY, PORTER & DONOVAN, P.C.
One Bent Tree Tower
16475 Dallas Pkwy., Suite 400
Addison, TX 75001-6837
Phone: (972) 931-9901
Fax: (972) 931-9208
E-mail: ddonovan@gpd.com
kdonovan@gpd.com
DALLAS CENTRAL: Piedmont Files Suit Over Appraisal of Property
--------------------------------------------------------------
Piedmont 6565 Macarthur Boulevard, LP v. Dallas Central Appraisal
District, Case No. DC-16-10499 (Dallas County Judicial District,
August 25, 2016), protests as excessive the appraised value placed
by the Appraisal District on the Plaintiff's Property, the
Comerica Bank Tower located at 1717 real property and improvements
located at 6565 N. MacArthur Boulevard in Dallas County, Texas.
The Appraisal District is a political subdivision of the State of
Texas.
The Plaintiff is represented by:
Daniel P. Donovan, Esq.
Kathleen f. Donovan, Esq.
Jennifer C. Tobin, Esq.
GEARY, PORTER & DONOVAN, P.C.
One Bent Tree Tower
16475 Dallas Pkwy., Suite 400
Addison, TX 75001-6837
Phone: (972) 931-9901
Fax: (972) 931-9208
E-mail: ddonovan@gpd.com
kdonovan@gpd.com
jtobin@gpd.com
DALLAS CENTRAL: Best Road Sues Over Incorrect Appraisal
-------------------------------------------------------
BETA ROAD LLC, the Plaintiff, v. DALLAS CENTRAL APPRAISAL
DISTRICT, the Defendant, Case No. DC-16-10153 (Dallas Cty. Ct.,
Aug. 19, 2016), seeks to fix appraised value of Plaintiff's
Property in accordance with the requirement of law pursuant to
Tex. Tax Code.
On May 1, 2016, the Plaintiff was notified by Defendant that the
value of the Property had been appraised for 2016 at $1,125,000.
According to the complaint, the correct appraised value of the
property as of January l, 2016, is substantially below the value
determined by the Dallas county Appraisal Review Board. The
Property's appraised value according to the appraisal roll exceeds
the correct market value.
The Defendant is responsible for appraising taxable property for
ad valorem taxation purposes.
The Plaintiff is represented by:
Joshua E. Estes, Esq.
Niral R. Gandhi, Esq.
ESTES & GANDHI, P.C.
1700 Pacific Avenue, Suite 4610
Dallas, TX 75201
Telephone: (214) 272 8030
Facsimile: (214) 390 3303
E-mail: jestes@estesgandhi.com
NGandhi@estesgandhi.com
DALLAS CENTRAL: Chick-Fil-A Sues Over Excess Appraised Value
------------------------------------------------------------
CHICK-FIL-A, INC. AS OWNER AND LESSEE, the Plaintiff, v. DALLAS
CENTRAL APPRAISAL DISTRICT, the Defendant, Case No. DC-16-10147
(Dallas Cty. Ct., Aug. 19, 2016), asks the Court to determine a
market value for Plaintiff's property, and grant relief to
Plaintiff by reducing the appraised value of the Property pursuant
to Texas Tax Code.
The Plaintiff received notice(s) of appraised value from the
Defendant appraising the 2016 market value of the Property at an
amount in excess required by law.
The Plaintiff timely filed a notice of protest to the ARB. The
Plaintiff was granted a protest hearing and presented evidence to
the Appraisal Review Board (ARB) displaying the appraised value of
the Property was excessive, unequal and unlawful. The ARB
appraised the Property at an amount in excess of the appraised
value required by law.
The Defendant is responsible for appraising taxable property for
ad valorem taxation purposes.
The Plaintiff is represented by:
Kathleen J. Santos, Esq.
Gavin McBryde, Esq.
MCBRYDE FIRM, PLLC
7600 Burnet Road, Suite 500
Austin, TX 78757
Telephone: (512) 296 2115
Facsimile: (512) 691 9072
E-mail: serv.kathleen@mcbrydefirm.com
DALLAS CENTRAL: Lynxette Seeks to Reduce Property Appraised Value
-----------------------------------------------------------------
LYNXETTE EXPLORATION, LLC AND MARKSMEN EXPLORATION, LLC, the
Plaintiffs, v. DALLAS CENTRAL APPRAISAL DISTRICT, the Defendant,
Case No. DC-16-10183 (Dallas Cty. Ct., Aug. 19, 2016), asks the
the Court to determine a market value for Plaintiffs' Property,
and grant relief to Plaintiffs by reducing the appraised value of
the Property pursuant to Tex. Tax Code.
The Plaintiffs received notice(s) of appraised value from
Defendant appraising the 2016 market value of the Property at an
amount in excess required by law. The Plaintiffs timely filed a
notice of protest to the Appraisal Review Board (ARB). The
Plaintiffs were granted a protest hearing and presented evidence
to the ARB displaying the appraised value of the Property was
excessive, unequal and unlawful.
The ARB appraised the Property at an amount in excess of the
appraised value required by law. The appraised value of the
Property exceeds the market value and/or fair cash market value of
the Property in violation of Texas Tax Code.
The Defendant is responsible for appraising taxable property for
ad valorem taxation purposes.
The Plaintiff is represented by:
Gavin McBryde, Esq.
Kathleen J. Santos, Esq.
MCBRYDE FIRM, PLLC
7600 Burnet Road, Suite 500
Austin, TX 78757
Telephone: (512) 296 2115
Facsimile: (512) 691 9072
E-mail: Serv.gavin@mcbrydefirm.com
DALLAS CENTRAL: Meadow Seeks to Fix Property Appraised Value
------------------------------------------------------------
MEADOW LOMO ALTO PROPERTIES, LP, the Plaintiff, v. DALLAS CENTRAL
APPRAISAL DISTRICT, the Defendant, Case No. DC-16-10179 (Dallas
Cty. Ct., Aug. 19, 2016), asks to the Court to fix the appraised
value of the Plaintiff's property in accordance with the
requirement of law pursuant to Texas Tax Code.
On May 1, 2016, the Plaintiff was notified by Defendant that the
value of the Property had been appraised for 2016 at $3,645,000.
The Plaintiff timely filed with the Dallas county Appraisal Review
Board (ARB) a notice of protest of the valuation given the
property by the chief Appraiser because the determination of the
appraised value of the properly was excessive and unequal in
comparison with other similar property in the appraisal district.
The ARB determined the protest and made its order in which the
appraised value of the Property was determined to be $3,053,700
for the 2016 tax year.
The Defendant is responsible for appraising taxable property for
ad valorem taxation purposes.
The Plaintiff is represented by:
Joshua E. Estes, Esq.
Niral R. Gandhi, Esq.
ESTES & GANDHI, P.C.
1700 Pacific Avenue, Suite 4610
Dallas, TX 75201
Telephone: (214) 272 8030
Facsimile: (214) 390 3303
E-mail: jestes@estesgandhi.com
NGandhi@estesgandhi.com
DALLAS CENTRAL: Thompson, et al. Seek to Fix Appraised Value
------------------------------------------------------------
NEIL THOMPSON and BERNADBTTE THOMPSON, the Plaintiffs, v. DALLAS
CENTRAL APPRAISAL DISTRICT, the Defendant, Case No. DC-16-10146
(Dallas Cty. Ct. Fla., Aug. 19, 2016), asks the Court to fix the
appraised value of the Plaintiff's property in accordance with the
requirement of law pursuant to Texas Tax Code.
On May 1, 2016, the Plaintiff was notified by Defendant that the
value of the Property had been appraised for 2016 at $4,554,560.
The Plaintiffs timely filed with the Dallas county Appraisal
Review Board (ARB) a notice of protest of the valuation given the
property by the chief Appraiser because the determination of the
appraised value of the property was excessive and unequal in
comparison with other similar property in the appraisal district.
Thereafter, the Dallas county Appraisal Review Board determined
the protest and made its order in which the appraised value of the
Property was determined to be $4,000,000 for the 2016 tax year.
The Defendant is responsible for appraising taxable property for
ad valorem taxation purposes.
The Plaintiffs are represented by:
Joshua E. Estes, Esq.
Niral R. Gandhi, Esq.
ESTES & GANDHI, P.C.
1700 Pacific Avenue, Suite 4610
Dallas, TX 75201
Telephone: (214) 272 8030
Facsimile: (214) 390 3303
E-mail: jestes@estesgandhi.com
NGandhi@estesgandhi.com
DALLAS CENTRAL: "Bellamy" Sues Over Excess Appraisal Value
----------------------------------------------------------
JOHN BELLAMY, the Plaintiff, v. DALLAS CENTRAL APPRAISAL DISTRICT,
the Defendant, Case No. DC-16-10155 (Dallas Cty. Ct., Aug. 19,
2016), asks the Court to correct excessive and unequal appraisal,
as well as for attorney's fees, costs of court, and such other and
further relief, general or special, at law or in equity, to which
Plaintiff may be entitled.
According to the complaint, the Defendant's appraisal is excessive
because it is not supported by any change in the Property or the
market that could justify the unconscionable increase in the
appraised value of Plaintiff's Property and it is not supported by
any of the accepted methods of assessment valuations.
The Defendant's appraisal is excessive as to both land value and
improvement value as demonstrated by the nature of the property
and improvements, its location, its historical designation, recent
sales, and the appraised value of surrounding properties.
The Plaintiff is an accomplished artist and the longtime owner and
property taxpayer for three properties located on Haskell and
Cabell Drive (the Church).
The Church is a 106-year old Historic structure (Founded in 1903
and erected in 1909). It was designed by James Edward Flanders,
the same architect that designed the last Dallas Court House which
burned down in 1890 and was replaced by Big Red in 1892.
The Defendant is responsible for appraising taxable property for
ad valorem taxation purposes.
The Plaintiff is represented by:
J. Mark Perrin, Esq.
THE PERRIN LAW FIRM
1910 Pacific Avenue, Suite 6050
Dallas, TX 75201
Telephone: (214) 646 2004
Facsimile: (214) 646 6117
E-mail: markperrin@perrinlaw.org
DEPUY ORTHOPAEDICS: Faces "Prostor" Lawsuit Over Acetabular Cup
---------------------------------------------------------------
IN RE: DePUY ORTHOPAEDICS, INC. PINNACLE HIP IMPLANT PRODUCTS
LIABILITY LITIGATION (MDL No. 3:11-MD-2244-K), ERIC PROSTOR and
ROBERTA PROSTOR, husband and wife, PLAINTIFFS, vs. DEPUY
ORTHOPAEDICS, INC.; DEPUY PRODUCTS, INC.; DEPUY INTERNATIONAL,
LIMITED; JOHNSON & JOHNSON SERVICES, INC., DEFENDANTS, Case 3:16-
cv-02466-K (N.D. Tex., August 25, 2016), was filed over the
Defendants' Pinnacle Acetabular Cup System for human hip joints
that are damaged or diseased.
DePuy Orthopaedics, Inc. designs, manufactures, and distributes
orthopedic devices and supplies.
The Plaintiffs are represented by:
David J. Diamond, Esq.
D. Greg Sakall, Esq.
GOLDBERG & OSBORNE
698 E. Wetmore Road, Suite 200
Tucson, AZ 85705
Phone: (520) 620-3975
Fax: (520) 620-3991
E-mail: ddiamond@goldbergandosborne.com
gsakall@goldbergandosborne.com
DOUBLE D TONG: "Minyard" Suit Seeks Overtime Premium Under FLSA
---------------------------------------------------------------
DUSTIN MINYARD, AND ALL OTHERS SIMILARLY SITUATED, the Plaintiff,
v. DOUBLE D TONG, INC., ROBERT DUNCAN, & COBY DUNCAN, the
Defendants, Case No. 7:16-cv-00313 (W.D. Tex., Aug. 19, 2016),
seeks to recover overtime premium for overtime hours under the
Fair Labor Standards Act (FLSA).
The Defendants employ non-exempt employees to directly and
indirectly provide Defendants' casing and other services to
Defendants' customers, but Defendants fail to provide them proper
overtime pay.
The Defendants are involved in oilfield casing services in
oilfields throughout the United States.
The Plaintiff is represented by:
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
10440 N. Central Expy., Suite 1040
Dallas, TX 75231
Telephone: (214) 706 0834
Facsimile: (469) 339 0204
E-mail: www.4overtimelawyer.com
- and -
J. Derek Braziel, Esq.
LEE & BRAZIEL, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Telephone: (214) 749 1400
Facsimile: (214) 749 1010
E-mail: www.overtimelawyer.com
EDGEWELL PERSONAL: "Anglin" Suit Transferred to E.D.N.Y.
--------------------------------------------------------
The case of Anglin v. Edgewell Personal Care Company et al, has
been transferred from the U.S. District Court for the Southern
District of Florida to the U.S. District Court for the Eastern
District of New York. The new case number is 16-cv-4724.
The original case is: INGRID ANGLIN and CHRISTINA NEW LAND,
Individually and on Behalf of All Others Similarly Situated,
Plaintiffs, v. EDGEWELL PERSONAL CARE COMPANY, and EDGEWELL
PERSONAL CARE, LLC, Defendants, Case 1:16-cv-04724-NGG-RLM (July
1, 2016). It alleges that Plaintiffs have been deceived into
buying the Banana Boat Sunscreen for Kids that Defendants claim
provides a SPF of 50.
EDGEWELL PERSONAL CARE COMPANY is one of the world's largest
manufacturers and marketers of personal care products in the wet
shave, sun and skin care, feminine care and infant care
categories.
Plaintiffs are represented by:
Marc A. Wites, Esq.
WITES & KAPETAN P.A.
4400 North Federal Highway
Lighthouse Point, FL 33064
Phone: (954) 526-2729
Fax: (854) 354-0205
E-mail: mwites@wklawyers.com
- and -
Laurence D. King, Esq.
Mario M. Choi, Esq.
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, Suite 400
San Francisco, CA 94104
Phone: (415) 772-4700
Fax: (415) 772-4707
E-mail: lking@kaplanfox.com
mchoi@kaplanfox.com
EDWARD D. JONES: Sued Over Mismanagement of 401(k) Plan's Assets
----------------------------------------------------------------
Charlene F. McDonald, individually and on behalf of a class of all
other persons similarly situated, and on behalf of the Edward D.
Jones & Co. Profit Sharing and 401(k) Plan, the Plaintiffs, v.
EDWARD D. JONES & Co. L.P., The Jones Financial Companies,
L.L.L.P., the Edward Jones Investment and Education Committee, and
JANE AND JOHN DOES 1-25, the Defendants, Case No. 4:16-cv-01346
(E.D. Mo., Aug. 19, 2016), seeks to recover damages as a result of
Defendants breach of fiduciary duty and prohibited transactions
under the Employee Retirement Income Security Act (IRISA).
The Defendants were responsible for selecting, monitoring, and
removing the investments in the Plan. The individual Defendants
were officers or employees of Edward Jones. Instead of acting for
the exclusive benefit of the Plan and its participants and
beneficiaries with respect to managing the Plan's assets, these
Defendants acted for the benefit of Edward Jones by forcing the
Plan into investments that charged excessive fees that benefitted
the mutual fund partners of Edward Jones.
The Defendants allegedly caused the Plan to pay excessive
recordkeeping and plan administration fees to the Plan's record-
keeper, Mercer HR Services, Inc. According to paperwork filed by
Defendants on behalf of the Plan, the Plan's payments to Mercer HR
Services, Inc., the Plan's record-keeper, increased by 314%
between 2010 and 2014 even though market rates for recordkeeping
services declined over that period and even though the number of
Plan participants only increased by 22%.
Edward D. Jones is a financial services firm headquartered in Des
Peres, Missouri, United States, and serves investment clients in
the U.S. and Canada.
The Plaintiff is represented by:
Jeffrey R. Baron, Esq.
Gregory Y. Porter, Esq.
Mark G. Boyko, Esq.
BAILEY GLASSER LLP
8012 Bonhomme Avenue, Suite 300
Clayton, MO 63105
Telephone: (314) 863 5446
Facsimile: (314) 863 5483
E-mail: jbaron@baileyglasser.com
gporter@baileyglasser.com
mboyko@baileyglasser.com
- and -
Robert A. Izard, Esq.
Mark P. Kindall, Esq.
IZARD KINDALL & RAABE LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: (860) 493 6292
Facsimile: (860) 493 6290
E-mail: rizard@ikrlaw.com
mkindall@ikrlaw.com
EL AGUILA BAR: Fails to Pay Overtime, "Mendoza Java" Suit Alleges
-----------------------------------------------------------------
FLORENCIO MENDOZA JAVA, individually and on behalf of others
similarly situated v. EL AGUILA BAR RESTAURANT CORP. (d/b/a EL
AGUILA), LAS BANDERAS SPORTS BAR CATERING LOUNGE CORP. (d/b/a LAS
BANDERAS SPORTS BAR),SANTIAGO ALMONTE, and JUAN ALMONTE, Case No.
1:16-cv-06691 (S.D.N.Y., August 24, 2016), alleges that the
Plaintiff regularly worked for the Defendants in excess of 40
hours per week, without appropriate minimum wage and overtime
compensation for any of the hours that he worked each week.
El Aguila and Las Banderas Sports Bar are restaurants owned by
Santiago Almonte and Juan Almonte, located in Bronx, New York.
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Telephone: (212) 317-1200
E-mail: Michael@Faillacelaw.com
EXACTA LLC: Faces "Romero" Lawsuit Under FLSA, Ill. Wage Laws
-------------------------------------------------------------
Alvaro Romero, individually and on behalf of other employees
similarly situated, Plaintiffs v. Exacta, LLC d/b/a Public House,
Defendant, Case: 1:16-cv-08363 (N.D. Ill., August 25, 2016), was
filed under Fair Labor Standards Act, the Illinois Minimum Wage
Law, and the Illinois Wage Payment and Collection Act.
Plaintiff was employed by Defendant as a barback and barback prep.
The Plaintiff is represented by:
Raisa Alicea, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Phone: 312-800-1017
E-mail: ralicea@yourclg.com
FILM TRACK: Sued in Cal. Super. Ct. Over Wrongful Termination
-------------------------------------------------------------
SARAH TOTH, an individual; and BRANDON HYMAN, an individual, the
Plaintiffs, v. FILM TRACK, INC., a California Corporation; and
DOES 1-35; inclusive, the Defendants, Case No. BC 631384 (Cal.
Super. Ct., Aug. 19, 2016), seeks to recover economic and non-
economic damages according to proof; prejudgment interest; award
of exemplary and punitive damages; and reasonable attorneys' fees,
including but not limited to fees pursuant to the Labor Code.
Sarah Toth became employed by Defendants in February of 2015, as a
product marketing manager. Brandon Hyman became employed by
Defendants in February of 4, 2014, as a creative services manager
in the marketing department. The Plaintiffs worked for Defendants
until their wrongful termination on December 9, 2015.
Film Track is an early-stage private company in the digital media
industry.
The Plaintiff is represented by:
Douglas N. Silverstein, Esq.
Lauren Morrison, Esq.
KESLUK, SILVERSTEIN & JACOB, P.c.
9255 Sunset Boulevard, Suite 411
Los Angeles, CA 90069-3309
Telephone: (310) 273 3180
Facsimile: (310) 273 6137
E-mail: dsilverstein@californialaborlawattorney.com
lmorrison@californialaborlawattorney.com
FLORIDA ERECTION: Faces "Barahona" Suit Alleging FLSA Violation
---------------------------------------------------------------
YEISON EDUARDO BARAHONA and all others similarly situated under 29
U.S.C. 216(b), Plaintiff, vs. FLORIDA ERECTION SERVICE, INC.,
DONALD G MCLENDON, MICHAEL D. MCLENDON, ETHEL L MCLENDON,
Defendants, Case 1:16-cv-23656-FAM (S.D. Fla., August 25, 2016),
arises under the Fair Labor Standards Act.
Plaintiff worked for Defendants as an iron worker/construction
worker.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Phone: (305) 865-6766
Fax: (305) 865-7167
E-mail: ZABOGADO@AOL.COM
GENERAL MILLS: Deceives Nature Valley Consumers, Salamanca Claims
-----------------------------------------------------------------
EDWARD SALAMANCA, on behalf of himself and all others similarly
situated v. GENERAL MILLS, INC., Case No. 3:16-cv-04871-JSC (N.D.
Cal., August 24, 2016), accuses the Company of falsely and
deceptively advertising its Nature Valley products as "Made with
100% Natural Whole Grain Oats."
The Products do not comprise "100% natural whole grain oats," but
instead contain the chemical glyphosate, a potent biocide and
human endocrine disruptor, with detrimental health effects that
are still becoming known, Mr. Salamanca argues.
General Mills, Inc., is a Delaware corporation headquartered in
Minneapolis, Minnesota. The Company is a global manufacturer and
marketer of branded consumer foods sold through retail stores.
The Company makes, markets, sells, and distributes food products
under various trademarks, including Nature Valley.
The Plaintiff is represented by:
Michael F. Ram, Esq.
RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP
101 Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: (415) 433-4949
Facsimile: (415) 433-7311
E-mail: mram@rocklawcal.com
- and -
Beth E. Terrell, Esq.
Adrienne D. McEntee, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816-6603
Facsimile: (206) 319-5450
E-mail: bterrell@terrellmarshall.com
amcentee@terrellmarshall.com
- and -
Kim E. Richman, Esq.
THE RICHMAN LAW GROUP
81 Prospect Street
Brooklyn, NY 11201
Telephone: (212) 687-8291
Facsimile: (212) 687-8292
E-mail: krichman@richmanlawgroup.com
GENERAL MILLS: Sued by Nuez Over Deceptive Marketing of Products
----------------------------------------------------------------
YESENIA NUEZ, on behalf of herself and all others similarly
situated v. GENERAL MILLS, INC., Case No. 1:16-cv-04731 (E.D.N.Y.,
August 24, 2016), is a proposed consumer protection class action
against General Mills for injunctive relief and economic damages
based on its alleged misrepresentations and omissions regarding
Nature Valley products, which General Mills falsely and
deceptively labels and markets as "Made with 100% Natural Whole
Grain Oats."
In fact, the Products contain glyphosate, a potent and unnatural
biocide, Ms. Nuez contends.
General Mills, Inc., is a Delaware corporation headquartered in
Minneapolis, Minnesota. The Company is a global manufacturer and
marketer of branded consumer foods sold through retail stores.
The Company makes, markets, sells, and distributes food products
under various trademarks, including Nature Valley.
The Plaintiff is represented by:
Kim E. Richman, Esq.
THE RICHMAN LAW GROUP
81 Prospect Street
Brooklyn, NY 11201
Telephone: (212) 687-8291
Facsimile: (212) 687-8292
E-mail: krichman@richmanlawgroup.com
- and -
Beth E. Terrell, Esq.
Adrienne D. McEntee, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816-6603
Facsimile: (206) 319-5450
E-mail: bterrell@terrellmarshall.com
amcentee@terrellmarshall.com
- and -
Lori G. Feldman, Esq.
Courtney E. Maccarone
LEVI & KORSINSKY LLP
30 Broad Street, 24th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: lfeldman@zlk.com
cmaccarone@zlk.com
GENERATIONS HEALTHCARE: "Smith" Seeks Overtime Pay Under FLSA
-------------------------------------------------------------
DEANGELA SMITH, individually and on behalf of all similarly
situated individuals, the Plaintiffs, v. GENERATIONS HEALTHCARE
SERVICES, LLC, the Defendant, Case No. 2:16-cv-00807-ALM-TPK (S.D.
Ohio., Aug. 19, 2016), seeks to recover overtime pay as a result
of Generations's willful violation of the Fair Labor Standards Act
(FLSA), the Ohio Minimum Fair Wage Standards (Ohio Wage Act), and
the Ohio Prompt Pay Act.
The Plaintiff worked 52 hours a week. Beginning April 2016,
Plaintiff regularly worked 46 hours a week. Despite this,
Generations allegedly did not pay overtime at one and one-half
times the regular rate.
The Generations is an Ohio limited liability company which
provides "individualized Healthcare to those clients who wish to
remain in the comfort of their homes" throughout Ohio. The
Generations offers services in Franklin County, Pickaway County,
Delaware County, Licking County, Fairfield County, and Morrow
County.
The Plaintiff is represented by:
William F. Cash III, Esq.
Brandon L. Bogle, Esq.
LEVIN, PAPANTONIO, THOMAS
MIRCHELL, RAFFERTY & PROCTOR, P.A.
316 South Baylen Street, Suite 60
Pensacola, FL 32502
Telephone: (850) 435 7059
E-mail: bcash@levinlaw.com
bbogle@levinlaw.com
- and -
David H. Grounds, Esq.
Molly E. Nephew, Esq.
Jacob R. Rusch, Esq.
JOHNSON BECKER, PLLC
444 Cedar Street, Suite 1800
Saint Paul, MN, 55101
Telephone: (612) 436 1800
Facsimile: (612) 436 1801
E-mail: dgrounds@johnsonbecker.com
mnephew@johnsonbecker.com
jrush@johnsonbecker.com
GEO GROUP: Faces "Mulvaney" Suit Over Securities Act Violation
--------------------------------------------------------------
JOHN J. MULVANEY, Individually and On Behalf of All Others
Similarly Situated, Plaintiff, v. THE GEO GROUP, INC., GEORGE C.
ZOLEY, and BRIAN R. EVANS, Defendants, Case 9:16-cv-81494-DMM
(S.D. Fla., August 25, 2016), was filed on behalf of a purported
class consisting of all persons other than defendants who
purchased or otherwise acquired GEO securities between March 1,
2012, and August 17, 2016, both dates inclusive.
THE GEO GROUP, INC. provides government-outsourced services
specializing in the management of correctional, detention, and re-
entry facilities, and the provision of community based services
and youth services in the United States, Australia, South Africa,
the United Kingdom, and Canada.
The Plaintiff is represented by:
Jayne A. Goldstein, Esq.
POMERANTZ LLP
1792 Bell Tower Lane, Suite 203
Weston, FL 33326
Phone: (954) 315-3454
Fax: (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
Phone: (212) 661-1100
Fax: (212) 661-8665
Email: 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
Phone: (312) 377-1181
Fax: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Phone: (212) 697-6484
Fax: (212) 697-7296
E-mail: peretz@bgandg.com
GLOBAL DIGITAL: Faces "Hull" Suit Alleging Securities Law Breach
----------------------------------------------------------------
JEFF HULL, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED, Plaintiff, v. GLOBAL DIGITAL SOLUTIONS, INC., RICHARD J.
SULLIVAN, DAVID A. LOPPERT, WILLIAM J. DELGADO, ARTHUR F.
NOTERMAN, and STEPHANIE C. SULLIVAN, Defendants, Case 3:16-cv-
05153 (D.N.J., August 24, 2016), is a securities class action on
behalf of a class consisting of all persons and entities, other
than Defendants and their affiliates, who purchased the publicly
traded Global Digital securities from October 8, 2013 through
August 12, 2016, both dates inclusive.
Global Digital purportedly builds mobile command/communications
and specialty vehicles for emergency management, first responders,
national security, and law enforcement operations.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
609 W. South Orange Avenue, Suite 2P
South Orange, NJ 07079
Phone: (973) 313-1887
Fax: (973) 833-0399
E-mail: lrosen@rosenlegal.com
GOLDCORP INC: Faces "Cowan" Suit Over Securities Act Violation
--------------------------------------------------------------
ROBERT COWAN, Individually and on behalf of all others similarly
situated, Plaintiff, v. GOLDCORP INC., CHARLES A. JEANNES, LINDSAY
A. HALL, DAVID GAROFALO, and RUSSELL BALL,
Defendants, Case 2:16-cv-06391 (C.D. Cal., August 25, 2016), is a
federal securities class action on behalf of a purported class
consisting of all persons other than Defendants who purchased or
otherwise acquired common shares of Goldcorp between March 31,
2014 and August 24, 2016.
Defendant Goldcorp engages in the acquisition, exploration,
development, and operation of precious metal properties in Canada,
the United States, Mexico, and Central and South America.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 S. Grand Avenue, Suite 2450
Los Angeles, CA 90071
Phone: (213) 785-2610
Fax: (213) 226-4684
E-mail: lrosen@rosenlegal.com
GRX ELECTRIC: Sued Over Refusal to Pay of Electrical Materials
--------------------------------------------------------------
COOPERFRIEDMAN ELECTRIC SUPPLY CO., INC. d/b/a COOPER ELECTRIC
SUPPLY CO., individually and on behalf of all others similarly
situated with regard to that certain construction project located
at 601 West 26th Street, New York, New York, the Plaintiff, v. GRX
ELECTRIC CORP., DIANNY HERNANDEZ, HERMAN NIETO, BENCHMARK
BUILDERS, INC., TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA,
THE CITY OF NEW YORK, THE STATE OF NEW YORK, THE CITY OF NEW YORK
ENVIRONMENTAL CONTROL BOARD and JOHN DOE No. 1-100, the names of
the last 100 Defendants being fictitious, the true names of the
Defendants being unknown to Plaintiff, the Defendants, Case No.
654381/2016 (N.Y. Sup. Ct., Aug. 18, 2016), seeks to recover the
sum of $254,473.93, plus additional service charges accrued and
accruing on $224,992.33 at the rate of 18% per annum from August
25, 2016, through the entry of judgment.
According to the complaint, Cooper's claims all arise from the
failure and refusal of GRX to pay for electrical materials Cooper
undeniably sold and delivered GRX at its instruction, for which
Cooper is owed the total of sum $254,473.93, comprised of the
principal sum of $224,992.33, plus billed services charges in the
amount of $29,481.60.
The materials Cooper sold and delivered to GRX were used by GRX in
connection with: a) that certain project located at 601 West 26th
Street, New York, New York for the Ralph Lauren Corporation (the
RLC Project), for which GRX owes to Cooper the principal sum of
$88,841.13 and b) various miscellaneous projects for which
GRX owes to Cooper the principal sum of $136,151.20.
The Plaintiff is represented by:
David Rosenberg, Esq.
TODD & LEVI, LLP
444 Madison Avenue, Suite 1202
New York, NY 10022
Telephone: (212) 308 7400
HEY INC: Parker Wants to Stop Use of Identities in "Stolen" App
---------------------------------------------------------------
JASON PARKER, individually and on behalf of all others similarly
situated v. HEY, INC., a Delaware corporation, and TWITTER INC., a
Delaware corporation, Case No. 3:16-cv-04884-EDL (N.D. Cal.,
August 24, 2016), seeks to stop the Defendants' alleged unlawful
practice of using Alabama residents' identities for commercial
purposes without their consent.
The Plaintiff alleges that the vast majority of the people
displayed in the App never agreed to participate. Rather, he
contends, they appear in the App because Twitter shared their
Twitter profiles with Hey without their consent.
Hey, Inc. is a Delaware corporation with a principal place of
business in Brisbane, California. Hey owns and operates a
controversial online trading game in which players collect the
profiles of real-life people as if they were baseball cards (the
"App"). Hey operated the App as "Stolen," and later, re-branded
it as "Famous: The Celebrity Twitter."
Twitter, Inc., is a Delaware corporation with its principal place
of business in San Francisco, California.
The Plaintiff is represented by:
Stewart R. Pollock, Esq.
EDELSON PC
123 Townsend Street
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: spollock@edelson.com
IMPRIVATA INC: Board Faces "Coyer" Suit Over Thoma Bravo Buyout
---------------------------------------------------------------
LEONARD COYER, Individually and on Behalf of All Others Similarly
Situated v. DAVID BARRETT, JOHN BLAESER, JOHN HALAMKA, PAUL
MAEDER, KATHLEEN WALSH, RODGER WEISMANN, OMAR HUSSAIN, DAVID TING,
PROJECT BRADY MERGER SUB, INC., PROJECT BRADY HOLDINGS, LLC, and
THOMA BRAVO, LLC, Case No. 12684 (Del. Ch. Ct., August 24, 2016),
is a stockholder class action brought against the Board of
Directors of Imprivata, Inc., and the proposed buyers alleging
breaches of fiduciary duty in connection with the proposed
acquisition of Imprivata by Thoma Bravo.
On July 13, 2016, Imprivata and Thoma Bravo announced that they
had entered into an agreement and plan of merger, whereby each
outstanding share of Imprivata's common stock would be converted
into the right to receive $19.25 in cash.
Imprivata, a Delaware corporation headquartered in Lexington,
Massachusetts, provides authentication and access management
technology products for clients in the healthcare industry in the
United States, the United Kingdom, and internationally. The
Individual Defendants are directors and officers of Imprivata.
Thoma Bravo, a Delaware limited liability company, is a private
equity investment firm. Thoma Bravo currently manages a series of
private equity funds representing more than $7.5 billion of equity
commitments.
Project Brady Holdings, LLC, a Delaware limited liability company,
was formed as an affiliate of Thoma Bravo. Project Brady Merger
Sub, Inc., a Delaware corporation, is a wholly-owned subsidiary of
Defendant Project Brady Holdings, LLC created for the purposes of
the Proposed Buyout.
The Plaintiff is represented by:
Peter B. Andrews, Esq.
Craig J. Springer, Esq.
David M. Sborz, Esq.
ANDREWS & SPRINGER LLC
3801 Kennett Pike
Building C, Suite 305
Wilmington, DE 19807
Telephone: (302) 504-4957
Facsimile: (302) 397-2681
E-mail: pandrews@andrewsspringer.com
cspringer@andrewsspringer.com
dsborz@andrewsspringer.com
- and -
Mark S. Reich, Esq.
Samuel J. Adams, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
E-mail: mreich@rgrdlaw.com
sadams@rgrdlaw.com
- and -
David T. Wissbroecker, Esq.
Edward M. Gergosian, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: DWissbroecker@rgrdlaw.com
EGergosian@rgrdlaw.com
- and -
W. Scott Holleman, Esq.
JOHNSON & WEAVER LLP
600 West Broadway, Suite 1540
San Diego, CA 92101
Telephone: (619) 230-0063
E-mail: ScottH@JohnsonandWeaver.com
IMPRIVATA INC: BOD Faces "Brooks" Suit Over Thoma Bravo Buyout
--------------------------------------------------------------
KENNETH BROOKS, Individually and on Behalf of All Others Similarly
Situated v. DAVID BARRETT, JOHN BLAESER, JOHN HALAMKA, PAUL
MAEDER, KATHLEEN WALSH, RODGER WEISMANN, OMAR HUSSAIN, DAVID TING,
PROJECT BRADY MERGER SUB, INC., PROJECT BRADY HOLDINGS, LLC, and
THOMA BRAVO, LLC, Case No. 12682 (Del. Ch. Ct., August 24, 2016),
is a stockholder class action brought on behalf of the holders of
Imprivata, Inc. common stock against the members of its Board of
Directors arising out of their alleged breaches of fiduciary duty,
and the aiding and abetting of those breaches in connection with
the proposed acquisition of Imprivata by Thoma Bravo through an
unfair process and at an unfair price.
On July 13, 2016, Imprivata and Thoma Bravo announced that they
had entered into an agreement and plan of merger, whereby each
outstanding share of Imprivata's common stock would be converted
into the right to receive $19.25 in cash.
Imprivata, a Delaware corporation headquartered in Lexington,
Massachusetts, provides authentication and access management
technology products for clients in the healthcare industry in the
United States, the United Kingdom, and internationally. The
Individual Defendants are directors and officers of Imprivata.
Thoma Bravo, a Delaware limited liability company, is a private
equity investment firm. Thoma Bravo currently manages a series of
private equity funds representing more than $7.5 billion of equity
commitments.
Project Brady Holdings, LLC, a Delaware limited liability company,
was formed as an affiliate of Thoma Bravo. Project Brady Merger
Sub, Inc., a Delaware corporation, is a wholly-owned subsidiary of
Defendant Project Brady Holdings, LLC created for the purposes of
the Proposed Buyout.
The Plaintiff is represented by:
Peter B. Andrews, Esq.
Craig J. Springer, Esq.
David M. Sborz, Esq.
ANDREWS & SPRINGER LLC
3801 Kennett Pike
Building C, Suite 305
Wilmington, DE 19807
Telephone: (302) 504-4957
Facsimile: (302) 397-2681
E-mail: pandrews@andrewsspringer.com
cspringer@andrewsspringer.com
dsborz@andrewsspringer.com
- and -
Mark S. Reich, Esq.
Samuel J. Adams, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
E-mail: mreich@rgrdlaw.com
sadams@rgrdlaw.com
- and -
David T. Wissbroecker, Esq.
Edward M. Gergosian, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: DWissbroecker@rgrdlaw.com
EGergosian@rgrdlaw.com
- and -
Brian J. Robbins, Esq.
Stephen J. Oddo, Esq.
ROBBINS ARROYO LLP
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: (619) 525-3990
E-mail: brobbins@robbinsarroyo.com
soddo@robbinsarroyo.com
INTEGRA PROPERTY: Faces "Garcia" Lawsuit Over FLSA Violation
------------------------------------------------------------
JUAN C. GARCIA and other similarly-situated individuals,
Plaintiff(s), v. INTEGRA PROPERTY SERVICES, LLC and RICHARD G.
FITCH, individually Defendants, Case 1:16-cv-23655-DPG (S.D. Fla.,
August 25, 2016), seeks to recover money damages for unpaid
overtime wages under the Fair Labor Standards Act.
Defendant INTEGRA PROPERTY is a property maintenance company.
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
IQOR HOLDINGS: "Goertemiller" Seeks Overtime Pay Under Labor Code
-----------------------------------------------------------------
NICHOLAS J. GOERTEMILLER, an individual, on behalf of himself and
others similarly situated, the Plaintiff, v. IQOR HOLDINGS US
INC.; and, DOES 1-50, Inclusive, the Defendants, Case No. BC631276
(Cal. Super. Ct., Aug. 19, 2016), seeks to recover wages and/or
overtime under Labor Code.
The Defendants have an alleged consistent policy of failing to pay
wages and/or overtime to all hourly employees for all work
performed at the proper rate of compensation. The Plaintiff and
proposed class were not properly compensated for overtime at the
appropriate rate of pay, because the "purse earnings" that was
part of their compensation, was not blended into their regular
rate of pay.
iQor is one of the world's largest business process outsourcing
companies.
The Plaintiff is represented by:
Eric B Kingsley, Esq.
Darren M. Cohen, Esq.
KINGSLEY & KINGSLEY, APC
16133 Ventura Blvd., Suite 1200
Encino, CA 91436
Telephone: (818) 990 8300
Facsimile: (818) 990 2903
E-mail: eric@kingsleykingsley.com
dcohen@kingsleykingsley.com
JOSEPH CORY: Faces "Lupian" Lawsuit Under Ill., NJ Wage Laws
------------------------------------------------------------
ALEJANDRO LUPIAN, JUAN LUPIAN, ISAIAS LUNA, JOSE REYES, and EFRAIN
LUCATERO, individually and on behalf of all others similarly
situated, Plaintiffs, v. JOSEPH CORY HOLDINGS LLC,
Defendant, Case 2:16-cv-05172 (D.N.J., August 25, 2016), was filed
under the Illinois Wage Payment and Collection Act, and the New
Jersey Wage Payment Law.
JOSEPH CORY HOLDINGS LLC is in the business of providing the
delivery of appliances, furniture, and other merchandise to its
customers.
The Plaintiffs are represented by:
Shanon J. Carson, Esq.
Sarah Schalman-Bergen, Esq.
Alexandra K. Piazza, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Phone: (215) 875-3000
E-mail: scarson@bm.net
sschalman-bergen@bm.net
apiazza@bm.net
- and -
Bradley Manewith, Esq.
Marc J. Siegel, Esq.
SIEGEL & DOLAN LTD.
150 North Wacker Drive, Suite 1100
Chicago, IL 60601
Phone: (312) 878-3210
Fax: (312) 878-3211
E-mail: bmanewith@msiegellaw.com
msiegel@msiegellaw.com
- and -
Harold L. Lichten, Esq.
Matthew Thomson, Esq.
LICHTEN& LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Phone: (617) 994 5800
Fax: (617) 994-5801
E-mail: hlichten@llrlaw.com
mthomson@llrlaw.com
JOY GLOBAL: Faces "Oduntan" Class Suit Over Merger With Komatsu
---------------------------------------------------------------
BAYOHLE ODUNTAN, Individually and on Behalf of All Others
Similarly Situated v. JOY GLOBAL INC., EDWARD L. DOHENY II, STEVEN
L. GERARD, MARK J. GLIEBE, JOHN T. GREMP, JOHN NILS HANSON, GALE
E. KLAPPA, RICHARD B. LOYND, P. ERIC SIEGERT, and JAMES H. TATE,
Case No. 2:16-cv-01136-NJ (E.D. Wisc., August 24, 2016), is
brought on behalf of the public shareholders of Joy, other than
the Defendants and their affiliates, against Joy and the members
of its board of directors for their alleged violations of the
Securities Exchange Act of 1934, in connection with the proposed
merger between Joy and Komatsu America Corp.
Joy is a Delaware corporation headquartered in Milwaukee,
Wisconsin. The Company is a provider of advanced equipment,
systems and direct services for the global mining industry. The
Individual Defendants are directors and officers of Joy.
Komatsu is the U.S.-based subsidiary of the Japanese multinational
corporation Komatsu Ltd.
The Plaintiff is represented by:
Guri Ademi, Esq.
Shpetim Ademi, Esq.
John D. Blythin, Esq.
Mark A. Eldridge, Esq.
ADEMI & O'REILLY, LLP
3620 East Layton Avenue
Cudahy, WI 53110
Telephone: (414) 482-8000
Facsimile: (414) 482-8001
E-mail: gademi@ademilaw.com
sademi@ademilaw.com
jblythin@ademilaw.com
meldridge@ademilaw.com
- and -
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, 59th Floor
New York, NY 10118
Telephone: (212) 971-1341
Cell No.: (305) 205-8284
E-mail: jmonteverde@monteverdelaw.com
- and -
James M. Wilson, Jr., Esq.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: jwilson@faruqilaw.com
KINDRED HEALTHCARE: "Cashon" Suit Alleges Cal. Labor Code Breach
----------------------------------------------------------------
VALERIE CASHON, on behalf of herself and all others similarly
situated, Plaintiffs, v. KINDRED HEALTHCARE OPERATING, INC., a
Delaware Corporation; GENTIVA CERTIFIED HEALTHCARE CORP., a
Delaware Corporation; and DOES 1 through 15 inclusive,
Defendants, Case 3:16-cv-04889 (N.D. Ca., August 24, 2016), was
filed on behalf of Plaintiff and other "Clinicians and Piece Rate
Employees" who were allegedly denied wages under California law
and for violations of the other provisions of the California Labor
Code.
KINDRED HEALTHCARE OPERATING, INC. is a nationwide healthcare
services company that through various subsidiaries operates
transitional care hospitals, inpatient rehabilitation hospitals,
nursing centers, assisted living facilities, a contract
rehabilitation services business, and a home health and hospice
business.
The Plaintiff is represented by:
Anthony M. Perez, Jr., Esq.
PEREZ LAW OFFICES
455 Capitol Mall, Suite 231
Sacramento, CA 95814
Phone: (916) 441-0500
Fax: (916) 441-0555
Email: aperez@perezlawoffices.com
- and -
Charles L. Post, Esq.
Brendan J. Begley, Esq.
Melissa Whitehead, Esq.
WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Phone: (916) 558-6000
Fax: (916) 446-1611
E-mail: cpostl@weintraub.com
bbegley@weintraub.com
mwhitehead@weintraub.com
L'OREAL: Sued in S.D.N.Y. Over Amla Relaxer's Detrimental Effects
-----------------------------------------------------------------
LAVETTE JACOBS, TIFFANY RAINES and SANDI TURNIPSEED, on behalf of
themselves and all others similarly situated, the Plaintiffs, v.
L'OREAL USA, INC. and SOFT SHEEN-CARSON, LLC, the Defendants, Case
No. 1:16-cv-06593 (S.D.N.Y., Aug. 19, 2016), seeks to recover
damages and equitable remedies caused by Amla Relaxer's
detrimental effects.
The Defendants are aware that, when used as instructed, the
Product causes injuries due to a known material design or
manufacturing defect. Despite Defendants' longstanding knowledge,
Defendants failed to take reasonable steps to disclose to and/or
warn Plaintiffs and putative Class Members of the dangers
associated with the use of Amla Relaxer.
Instead of warning consumers of the detrimental effects of using
Amla Relaxer, Defendants worked to conceal information regarding
consumer injuries caused by the Product. Specifically, Defendants
initiated private communications with consumers who posted online
comments regarding Injuries resulting from their use of Amla
Relaxer, and offered to pay for consumers' medical bills, wigs and
other injury-related expenses resulting from the use of Amla
Relaxer. Following these private communications, which provided
further notice to Defendants of the dangers associated with using
Amla Relaxer, Defendants continued to market, distribute and sell
Amla Relaxer with no warnings about the consequences of using the
Product as directed by Defendants.
According to the complaint, Amla Relaxer is not a "rejuvenating
ritual" as described on the package. Rather, it is composed of
caustic ingredients, several of which have been banned or found
unsafe for use in cosmetics by the European Union, including
diethylhexyl maleate, limonene, and benzyl salicylate.
L'Oreal and its consumer products divisions specifically market
Amla Relaxer to African American women as an "easy no-mix", no-lye
relaxer kit that ensures an easier relaxing process for unified
results and superior respect for hair fiber integrity.
The Plaintiff is represented by:
Jonathan K. Tycko, Esq.
Andrea Gold, Esq.
TYCKO & ZAVAREEI LLP
1828 L Street NW, Suite 1000
Washington, DC 20036
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: jtycko@tzlegal.com
agold@tzlegal.com
- and -
Rachel Soffin, Esq.
Jonathan B. Cohen, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 N. Franklin St., 7th Floor
Tampa, FL 33602
Telephone: (813) 223 5505
Facsimile: (813) 222 2434
E-mail: rsoffin@forthepeople.com
jcohen@forthepeople.com
- and -
Nick Suciu III, Esq.
BARBAT, MANSOUR & SUCIU PLLC
1644 Bracken Rd.
Bloomfield Hills, MI 48302
Telephone: (313) 303 3472
E-mail: nicksuciu@bmslawyers.com
LUMBER LIQUIDATORS: Sued in C.D. Cal. Over Defective Flooring
-------------------------------------------------------------
CHARLES JACKSON, an individual, on behalf of himself and all
others similarly situated, the Plaintiff, v. LUMBER LIQUIDATORS,
INC., a Delaware corporation, the Defendant, Case No. 2:16-cv-
07947 (C.D. Cal., Aug. 20, 2016), seeks to recover damages caused
by the Company's failure to deliver durable flooring that complied
with the specified industry standard contained in the product
description.
The complaint says these products are not durable as represented,
and are not merchantable for general household use because they do
not meet the claimed industry standard. Lumber Liquidators'
failure to disclose that the Laminates were substandard and
defective caused Plaintiff and the proposed class to overpay for
the subject flooring.
Lumber Liquidators is one of the largest specialty retailers of
hardwood flooring and laminates in the United States. The Company
sells directly to homeowners or to contractors acting on behalf of
homeowners through its network of approximately 300 retail stores
in 46 states, including West Virginia and California.
The Plaintiff is represented by:
Alexander Robertson, IV, Esq.
Mark J. Uyeno, Esq.
ROBERTSON & ASSOCIATES, LLP
32121 Lindero Canyon Road, Suite 200
Westlake Village, CA 91361
Telephone (818) 851 3850
Facsimile (818) 851 3851
E-mail: arobertson@arobertsonlaw.com
muyeno@arobertsonlaw.com
- and -
Daniel K. Bryson, Esq.
Patrick M. Wallace, Esq.
WHITFIELD BRYSON & MASON
900 W. Morgan Street
Raleigh, NC 27609
Telephone (919) 600-5000
Facsimile (919) 600-5035
E-mail: dan@wbmllp.com
pat@wbmllp.com
- and -
Robert Ahdoot (CA SBN 172098)
Tina Wolfson (CA SBN 174806)
AHDOOT & WOLFSON, PC
1016 Palm Avenue
West Hollywood, CA 90069
Telephone (310) 474 9111
Facsimile (310) 474 8585
E-mail: rahdoot@ahdootwolfson.com
twolfson@ahdootwolfson.com
M.D.L. PROPERTY: "Georges" Suit Seeks Overtime Pay Under FLSA
-------------------------------------------------------------
ANITES GEORGES, on his own behalf and others similarly situated,
the Plaintiff, v. M.D.L. PROPERTY MAINTENANCE, INC., a Florida
Profit Corporation, DBA PALM BEACH-BROWARD LANDSCAPING and ROBERT
MONTI, an individual, the Defendants, Case No. 9:16-cv-81463-RLR
(S.D. Fla., Aug. 19, 2016), seeks to recover overtime compensation
and other relief under the Fair Labor Standards Act (FLSA).
The Plaintiff routinely worked more than 40 hours per week for
Defendants. Prior to be being a salaried employee, Defendants
would selectively pay Plaintiff for certain overtime hours worked.
Defendants also changed Plaintiff's compensation to a weekly
salary, and failed to compensate Plaintiff for all overtime hours
worked.
MDL Property Maintenance is a building maintenance service located
in Boynton Beach, Florida.
The Plaintiff is represented by:
Maguene D. Cadet, Esq.
LAW OFFICE OF
DIEUDONNE CADET, P.A.
2500 Quantum Lakes Drive, Suite 203
Boynton Beach, FL 33426
Telephone: (561) 853 2212
Facsimile: (561) 853 2213
E-mail: Maguene@DieudonneLaw.com
MADISON COUNTY: MCBOE Sued Over Fair Labor Standards Act Breach
---------------------------------------------------------------
Janice Anderson, Gaylon Anderson, Dawn Beard, Christy Billions,
Jackie Billions, Randy Billions, Christy Bowar, Debbie Bruder,
Kathy Cardin, Sarah Carden Devona Claridy, William Clark,
Juanell Edwards, Alison Esch, Jennifer Hardy, Rochelle D. Haynes,
Patricia Hill, Jessica Hogan, Virgil Ikard, Herman Jefferson,
Karen King, Autumn Lange, Janice Manley, Catherine McFarlen,
Tony McNelley, Kathy Miller, Stanley Moore, Donnie Myrick,
Joe Myrick, Juanita Neeley, Eddie Perry, Roger Pridmore,
Russell Price, Charles Richardson, Sarah Sanders, Jerry Scearce,
Danny Sanderson, Angela Shaw, Sherry Smith, Deborah Thompson,
Annette Underwood, Catherine Van Benthuysen, Pamela Ward, Deanne
Wimberly, and Kimberly Woodard, v. Madison County Board of
Education (MCBOE; Matt Massey, individually, and in his official
capacity as Superintendent of MCBOE; Angie Bates, individually,
and in her official capacity as President of MCBOE; Nathan Curry,
individually, and in his official capacity as Board Member of
MCBOE; Mary Louise Stowe, individually, and in her official
capacity as Vice President of the MCBOE; David Vess, individually,
and in his official capacity as Board
Member of MCBOE; Jeff Anderson, individually and in his official
capacity as Board Member of MCBOE; and David Nash, individually in
his capacity as former Board Member of MCBOE, Defendants, Case
5:16-cv-01401-MHH (N.D. Ala., August 25, 2016), was filed pursuant
to the Fair Labor Standards Act.
Defendant, Madison County Board of Education is a separate county
school system organized and existing under the laws of the State
of Alabama.
The Plaintiffs are represented by:
Candis A. McGowan, Esq.
Lacey K. Danley, Esq.
WIGGINS, CHILDS, PANTAZIS, FISHER & GOLDFARB
301 19th Street North
Birmingham, AL 35203
Phone: (205) 314-0500
E-mail: cmcgowan@wigginschilds.com
ldanley@wigginschilds.com
- and -
Robert C. Lockwood, Esq.
WILMER & LEE, P.A.
100 Washington Street, Suite 100
Huntsville, AL 35801
Phone: (256) 533-0202
E-mail: rlockwood@wilmerlee.com
MAHARD EGG: Love, et al. Seek Minimum Wages and OT Pay Under FLSA
-----------------------------------------------------------------
MOSE LOVE and FABRICIO FERRER, Individually and on Behalf of All
Others Similarly Situated, the Plaintiffs, v. MAHARD EGG FARM,
INC., and MAHARD PULLET FARMS, INC., the Defendants, Case No.
4:16-cv-00626 (E.D. Tex., Aug. 19, 2016), seeks to recover unpaid
minimum wages and overtime compensation, pursuant to the Fair
Labor Standards Act (FLSA).
The Defendants required the Plaintiffs and Class Members to pay
for their own equipment necessary to work in Defendants' pullet
houses, chicken laying facilities, and egg processing plants.
These costs brought Plaintiffs' and Class Members' wages below the
minimum wage. The Defendants allegedly failed to pay Plaintiffs
and Class Members overtime at the proper rate - using their
regular hourly rate of pay for overtime hours worked instead of
time and a half this rate.
Mahard manages both egg farms and egg processing plants. On their
farms, Defendants raise pullets and laying hens and produce eggs.
In their processing plants, Defendants' employees clean, sort, and
package both eggs produced on their own farms and eggs produced by
other farmers.
The Plaintiff is represented by:
Michael O'Keefe Cowles, Esq.
GONZALO SERRANO, Esq.
AARON JOHNSON, Esq.
EQUAL JUSTICE CENTER
1801 N. Lamar, Suite 325
Dallas, TX 75202
Telephone: (469) 203 2150
Facsimile: (469) 629 5045
E-mail: mcowles@equaljusticecenter.org
gserrano@equaljusticecenter.org
ajohnson@equaljusticecenter.org
- and -
J. Derek Braziel, Esq.
J. Forester, Esq.
LEE & BRAZIEL, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Telephone: (214) 749 1400
Facsimile: (214) 749 1010
E-mail: jdbraziel@l-b-law.com
forester@l-b-law.com
www.overtimelayer.com
MANHATTAN MASALA: "Reyes" Seeks Unpaid Wages & OT Under FLSA
------------------------------------------------------------
MATEO REYES, individually and on behalf of all other persons
similarly situated who were employed by MANHATTAN MASALA, INC.
d/b/a DARBAR FINE INDIAN CUISINE; MIDTOWN TAK, INC., d/b/a DARBAR
GRILL FINE INDIAN CUISINE, the Plaintiffs, v. MANHATTAN MASALA,
INC. d/b/a DARBAR FINE INDIAN CUISINE, MIDTOWN TAJ, INC. d/b/a
DARBAR GRILL FINE INDIAN CUISINE and any other entities affiliated
with or controlled by MANHATTAN MASALA, INC. d/b/a DARBAR FINE
INDIAN CUISINE, MIDTOWN TAJ, INC. d/b/a DARBAR GRILL FINE INDIAN
CUISINE, MANEK IRANI and BALVINDER SINGH, individually, the
Defendants, Case No. 1:16-cv-06592 (S.D.N.Y., Aug. 19, 2016),
seeks to recover unpaid minimum wages, overtime compensation,
spread of hours compensation and improperly retained tips, as well
as damages arising from Defendants' failure to provide wage
statements and notices, pursuant to the Fair Labor Standards Act
(FLSA), and the New York Labor Law.
Under the direction of Defendants' corporate officers and/or
directors, Manek J. Irani and Balvinder Singh, the Defendants
allegedly instituted a practice of depriving their employees of
the minimum wage for all hours worked up to 40 in one week, and
overtime compensation for work performed in excess of 40 hours per
week.
The Plaintiff is represented by:
Leonor Coyle, Esq.
LaDonna M. Lusher, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: 212-943-9080
Facsimile: 212-943-9082
MATTRESS FIRM: Faces "Blair" Lawsuit Seeking OT Pay Under FLSA
--------------------------------------------------------------
PERRY BLAIR, on behalf of himself and other persons similarly
situated v. MATTRESS FIRM, INC. and LARRY R. PACK ENTERPRISES,
INC., and LARRY PACK, Defendants, Case 2:16-cv-14119 (E.D. La.,
August 24, 2016), seeks to recover unpaid overtime wages under the
Fair Labor Standards Act.
MATTRESS FIRM, INC. is one of the largest mattress retailers in
America and currently operates over 1,100 locations across 28
states.
The Plaintiff is represented by:
Roberto Luis Costales, Esq.
3801 Canal Street, Suite 207
New Orleans, LA 70119
Phone: (504) 534-5005
Fax: (504) 272-2956
E-mail: costaleslawoffice@gmail.com
- and -
William H. Beaumont, Esq.
3801 Canal Street, Suite 207
New Orleans, LA 70119
Phone: (504) 483-8008
E-mail: whbeaumont@gmail.com
- and -
Emily A. Westermeier
3801 Canal Street, Suite 207
New Orleans, LA 70119
Phone: (504) 534-5005
E-mail: emily.costaleslawoffice@gmail.com
MECCA CAMPUS: Sharp Seeks to Recover Unpaid Overtime Under FLSA
---------------------------------------------------------------
ASHLEY SHARP, on behalf of herself and those similarly situated v.
MECCA CAMPUS SCHOOL, INC. and CHARLES POGUE, INDIVIDUALLY, Case
No. 2:16-cv-02686-SHL-cgc (W.D. Tenn., August 24, 2016), seeks to
recover alleged unpaid overtime compensation, liquidated damages,
declaratory relief and other relief under the Fair Labor Standards
Act.
Mecca Campus School, Inc. and Charles Pogue operated and conducted
business in Shelby County, Tennessee. The Defendants provide
transportation and educational services for children in the area
within Shelby County. The Defendants specifically transported
children from home to its daycare facility and back home each day.
The Plaintiff is represented by:
Christopher W. Espy, Esq.
MORGAN & MORGAN, PLLC
188 East Capitol Street, Suite 777
Jackson, MS 39236-3722
Telephone: (601) 718-2087
Facsimile: (601) 718-2102
E-mail: cespy@forthepeople.com
MERRILL LYNCH: Faces "Brandes" Lawsuit Alleging FLSA Violation
--------------------------------------------------------------
DANA BRANDES, STACY NIEMIEC, DAWN BRADFORD and NICOLE CURTIS,
individually and on behalf all others similarly situated,
Plaintiffs, v. MERRILL LYNCH & CO., INC., MERRILL LYNCH, PIERCE,
FENNER & SMITH, INC., and BANK OF AMERICA CORPORATION, Case 2:16-
cv-04754 (E.D.N.Y., August 24, 2016), was filed under the Fair
Labor Standards Act.
Defendants Merrill Lynch & Co., Inc. and Merrill Lynch, Pierce,
Fenner & Smith, Inc., wholly-owned subsidiaries of Bank of America
Corporation, provide financial and investment services to
customers across the United States.
Defendant Bank of America Corporation is one of the largest banks
in the United States and one of the largest brokerage firms in the
world.
The Plaintiffs are represented by:
Troy L. Kessler, Esq.
Garrett Kaske, Esq.
SHULMAN KESSLER LLP
534 Broadhollow Road, Suite 275
Melville, NY 11747
Phone: (631) 499-9100
Fax: (631) 499-9120
- and -
Justin M. Swartz, Esq.
Juno Turner, Esq.
OUTTEN & GOLDEN LLP
3 Park Avenue, 29th Floor
New York, NY 10016
Phone: (212) 245-1000
Fax: (646) 509-2060
- and -
Gregg I. Shavitz, Esq.
Paolo C. Meireles, Esq.
SHAVITZ LAW GROUP, P.A.
1515 South Federal Highway, Suite 404
Boca Raton, FL 33432
Phone: (561) 447-8888
Fax: (561)447-8831
MOHAN PALACE: "Gomez" Suit Seeks Unpaid Wages Under FLSA
--------------------------------------------------------
Victor Reyes Gomez, on behalf of himself and all other persons
similarly situated, the Plaintiff, v. Mohan Palace, Inc. d/b/a
Minar Indian Restaurant, Inder Singh, and John Does 1-10, the
Defendants, Case No. 1:16-cv-06597 (S.D.N.Y., Aug. 21, 2016),
seeks to recover compensation for wages paid at less than the
statutory minimum wage, unpaid wages from Defendants for overtime
work for which they did not receive overtime premium pay as
required by law, and liquidated damages, pursuant to the Fair
Labor Standards Act (FLSA).
The Defendants allegedly had a policy and practice of knowingly
and willfully refusing to pay minimum wage or overtime.
Mohan Palace is a deluxe hotel with luxury facilities.
The Plaintiff is represented by:
David Stein, Esq.
SAMUEL & STEIN
38 West 32nd Street, Suite 1110
New York, NY 10001
Telephone: (212) 563 9884
E-mail: dstein@samuelandstein.com
MORGAN STANLEY: Sued in S.D.N.Y. Over Mismanaged 401 (k) Plan
-------------------------------------------------------------
Robert J. Patterson, individually and as representative of
a class of similarly situated persons of the Morgan Stanley
Retirement Plan, the Plaintiff, v. MORGAN STANLEY, Morgan Stanley
Domestic Holdings, Inc., Morgan Stanley Capital Management, LLC,
and Morgan Stanley Investment Management, Inc., Morgan Stanley
Retirement Plan Investment Committee, Morgan Stanley Board of
Directors, James P. Gorman, Roy J. Bostock, Erskine B. Bowles,
Alistair Darling, Robert J. Davies, Thomas H. Glocer, James H.
Hance, Jr., Robert H. Herz, Nobuyuki Hirano, C. Robert Kidder,
Klaus Kleinfeld, John J. Mack, Jami Miscik, Donald T. Nicolaisen,
Hutham S. Olayan, James W. Owens, O. Griffith Sexton, Ryosuke
Tamakoshi, Masaaki Tanaka, Perry M. Traquina, Laura D. Tyson,
Rayford Wilkins, Jr., and John Does 1-20, the Defendants, Case No.
1:16-cv-06568 (S.D.N.Y., Aug. 19, 2016), seeks to recover damages
as a result of Defendants' breach of fiduciary duties and
engagement in prohibited transactions and unlawful self-dealing
with respect to the 401 (k) Retirement Plan in violation of
Employee Retirement Income Security Act (ERISA).
Morgan Stanley did not act in the best interest of the Plan and
its participants. Instead, Morgan Stanley treated the Plan as an
opportunity to promote its own mutual fund business and maximize
profits at the expense of the Plan and its participants. Morgan
Stanley loaded the Plan with mutual funds managed by Morgan
Stanley, without thoroughly investigating whether Plan
participants would be better served by investments managed by
unaffiliated companies.
For example, the investment performance of the Morgan Stanley
Institutional Mid Cap Growth Fund IS Class performed worse than
88% and 87% of mid cap growth mutual funds for the past three
years and five years respectively.
Similarly, the Morgan Stanley Institutional Small Cap Growth Fund
IS Class performed worse than 99% of funds in 2014 and 94% in 2015
for small cap growth funds. A reasonable investor would have
viewed these as imprudent investments. The selection and retention
of these proprietary mutual funds costs Plan participants tens of
millions of dollars in excess fees and poor investment performance
every year.
Morgan Stanley is an American multinational financial services
corporation headquartered in the Morgan Stanley Building, Midtown
Manhattan, New York City.
The Plaintiff is represented by:
Jeremy Heisler, Esq.
David Tracey, Esq.
David Sanford, Esq.
Charles H. Field, Esq.
SANFORD HEISLER LLP
1350 Avenue of the Americas, 31st Floor
New York, NY 10019
Telephone: (646) 402 5650
E-mail: jheisler@sanfordheisler.com
dtracey@sanfordheisler.com
dsanford@sanfordheisler.com
- and -
Edward Chapin, Esq.
SANFORD HEISLER LLP
501 West Broadway, Suite 515
San Diego, CA 92101
Telephone:(619) 577 4252
E-mail: cfield@sanfordheisler.com
echapin@sanfordheisler.com
SAFEWAY INC: Faces "Lorenz" Lawsuit Alleging ERISA Violation
------------------------------------------------------------
DENNIS M. LORENZ, as an individual and on behalf of all others
similarly situated, Plaintiff, v. SAFEWAY, INC.; SAFEWAY BENEFIT
PLANS COMMITTEE; GREAT-WEST FINANCIAL RPS LLC; and DOES 1 through
50, inclusive, Defendants, Case 4:16-cv-04903 (N.D. Cal., August
25, 2016), alleges Employee Retirement Income Security Act (ERISA)
Breach of Fiduciary Duty and ERISA Prohibited Transactions.
SAFEWAY, INC. -- http://www.safeway.com/-- is an American
supermarket chain.
The Plaintiff is represented by:
Todd M. Schneider, Esq.
Jason H. Kim, Esq.
Kyle G. Bates, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Phone: 415-421-7100
Fax: (415) 421-7105
E-mail: tschneider@schneiderwallace.com
jkim@schneiderwallace.com
kbates@schneiderwallace.com
- and -
Garrett W. Wotkyns, Esq.
John N. Nestico, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP
8501 North Scottsdale Road, Suite 270
Scottsdale, AZ 85253
Phone: (480) 428-0142
Fax: (866) 505-8036
E-mail: gwotkyns@schneiderwallace.com
jnestico@schneiderwallace.com
SELECT COMFORT: "Azimpour" Suit Alleges Misleading Advertisement
----------------------------------------------------------------
SAEID AZIMPOUR, on behalf of himself and all others similarly
situated, Plaintiff, vs. SELECT COMFORT CORPORATION, a Minnesota
corporation, Defendant, Case 0:16-cv-02883-DSD-SER (D. Minn.,
August 25, 2016), alleges false and misleading advertisement of
"original" or "regular" prices, purported "sale" prices and
corresponding phantom markdowns on merchandise sold in its retail
stores and Internet website.
Defendant distributes and sells mattresses and other sleep and
bedroom related accessories to hundreds of thousands of consumers
throughout the United States.
The Plaintiff is represented by:
Karen Hanson Riebel, Esq.
Eric N. Linsk, Esq.
Kate M. Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P., Suite 2200
100 Washington Avenue South
Minneapolis, MN 55401-2159
Phone: 612-339-6900
- and -
Joseph P. Guglielmo, Esq.
Erin G. Comite, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Phone: 212-223-6444
Fax: 212-223-6334
- and -
Gary F. Lynch, Esq.
Edwin J. Kilpela, Jr., Esq.
CARLSON LYNCH SWEET KILPELA & CARPTENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: 412-253-6307
- and -
Todd D. Carpenter, Esq.
402 West Broadway, 29th Floor
San Diego, CA 92101
Phone: 619.756.6994
Fax: 619.756.6991
SEQUENOM INC: Faces "Cusumano" Suit Over Sale to LabCorp
--------------------------------------------------------
JOSEPH CUSUMANO, Individually and on Behalf of All Others
Similarly Situated, Plaintiff, v. SEQUENOM, INC., KENNETH F.
BUECHLER, MYLA LAI GOLDMAN, RICHARD A. LERNER, RONALD M. LINDSAY,
DAVID PENDARVIS, CATHERINE J. MACKEY, CHARLES P. SLACIK, and DIRK
VAN DEN BOOM, Defendants, Case 3:16-cv-02134-LAB-JMA (S.D. Cal.,
August 24, 2016), is a securities class suit filed as a result of
Laboratory Corporation of America Holdings' acquisition of the
Company.
SEQUENOM, INC. -- https://www.sequenom.com/ -- is a life sciences
company.
The Plaintiff is represented by:
Avi N. Wagner, Esq.
THE WAGNER FIRM
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: (310) 491-7949
Fax: (310) 694-3967
E-mail: avi@thewagnerfirm.com
- and -
Thomas J. McKenna, Esq.
GAINEY McKENNA & EGLESTON
440 Park Avenue South, 5th Floor
New York, NY 10016
Phone: (212) 983-1300
Fax: (212) 983-0383
E-mail: tjmckenna@gme-law.com
SIGNET JEWELERS: Faces "Dube" Securities Class Action
-----------------------------------------------------
SUSAN DUBE, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. SIGNET JEWELERS LIMITED, MARK LIGHT, and
MICHELE SANTANA, Defendants, Case 1:16-cv-06728 (S.D.N.Y., August
25, 2016), was filed on behalf of persons or entities that
acquired Signet securities between January 7, 2016, and June 3,
2016, inclusive, seeking to pursue remedies under the Securities
Exchange Act.
SIGNET JEWELERS LIMITED is a retailer of diamond jewelry. The
Company claims to operate thousands of stores in North America,
and some in the United Kingdom.
The Plaintiff is represented by:
Lesley F. Portnoy, Esq.
GLANCY PRONGAY & MURRAY LLP
122 East 42nd Street, Suite 2920
New York, NY 10168
Phone: (212) 682-5340
Fax: (212) 884-0988
E-mail: lportnoy@glancylaw.com
- and -
Lionel Z. Glancy, Esq.
Robert V. Prongay, Esq.
Charles H. Linehan, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: (310) 201-9150
Fax: (310) 201-9160
- and -
Howard G. Smith, Esq.
LAW OFFICES OF HOWARD G. SMITH
3070 Bristol Pike, Suite 112
Bensalem, PA 19020
Phone: (215) 638-4847
Fax: (215) 638-4867
TAQUERIA MORAN: Fails to Pay Overtime, "Quintana" Suit Claims
-------------------------------------------------------------
Amada Quintana and Elianet Coutino, individually and all other
similarly situated persons, known and unknown v. Taqueria Moran,
Inc., Guadalupe Moran, and Pepe Moran, Individually, Case No.
1:16-cv-08326 (N.D. Ill., August 24, 2016), accuses the Defendants
of failing to pay the Plaintiffs and other similarly situated
employees overtime wages for hours worked more than 40 hours in a
week, in violation of the Fair Labor Standards Act and the
Illinois Minimum Wage Law.
Taqueria is an entity doing business in Illinois. The Individual
Defendants are owners and officers of the Company. The Defendants
own and operate a restaurant.
The Plaintiffs are represented by:
Susan J. Best, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Telephone: (312) 878-1263
E-mail: sbest@yourclg.com
TOTAL DEVELOPMENT: Accused by Rivera of Not Paying Proper Wages
---------------------------------------------------------------
ALFREDO RIVERA CASTILLO and LEN BURROWS, on behalf of themselves
and all others similarly situated v. TOTAL DEVELOPMENT
CORPORATION, a domestic corporation, and TYLER CASEBIER and ALYSSA
CASEBIER, individuals, Case No. 1:16-cv-02151 (D. Colo., August
24, 2016), arises out of the alleged persistent and willful
failure of Total Development and the Casebiers to properly
compensate the Plaintiffs and all other similarly situated
employees.
The Plaintiffs were employed by the Defendants as laborers.
Total Development is a Colorado corporation with its principal
place of business in Castle Rock, Colorado. Total Development is
a real estate development company. The Casebiers are owners or
officers of Total Development.
The Plaintiffs are represented by:
Jason T. Brown, Esq.
Patrick S. Almonrode, Esq.
THE JTB LAW GROUP, LLC
155 2nd Street, Suite 4
Jersey City, NJ 07302
Telephone: (201) 630-0000
Facsimile: (855) 582-5297
E-mail: jtb@jtblawgroup.com
patalmonrode@jtblawgroup.com
Asbestos Litigation
ASBESTOS UPDATE: Leave to File Reply Brief in "Juni" Denied
-----------------------------------------------------------
The Appellate Division of the Supreme Court of New York, First
Department, in a decision dated August 18, 2016, denied leave to
file a brief in reply to plaintiff's amici curiae's brief in the
case captioned IN RE NEW YORK CITY ASBESTOS LITIGATION -- JUNI, v.
A.O. SMITH WATER PRODUCTS CO. -- ESTATE OF JUNI, 2016 NY Slip Op
82789(U)(N.Y. App. Div.). A full-text copy of the Decision is
available at https://is.gd/9kvTxt from Leagle.com.
ASBESTOS UPDATE: Curtiss-Wright Still Defends Suits at June 30
--------------------------------------------------------------
Curtiss-Wright Corporation continues to defend itself against
asbestos-related lawsuits, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended June 30, 2016.
The Company states, "The Corporation has been named in a number of
lawsuits that allege injury from exposure to asbestos. To date,
the Corporation has not been found liable for or paid any material
sum of money in settlement in any case. The Corporation believes
its minimal use of asbestos in its past operations and the
relatively non-friable condition of asbestos in its products makes
it unlikely that it will face material liability in any asbestos
litigation, whether individually or in the aggregate. The
Corporation maintains insurance coverage for these potential
liabilities and believes adequate coverage exists to cover any
unanticipated asbestos liability.
"In December 2013, the Corporation, along with other unaffiliated
parties, received a claim from Canadian Natural Resources Limited
(CNRL) filed in the Court of Queen's Bench of Alberta, Judicial
District of Calgary. The claim pertains to a January 2011 fire and
explosion at a delayed coker unit at its Fort McMurray refinery
that resulted in the injury of five CNRL employees, damage to
property and equipment, and various forms of consequential loss,
such as loss of profit, lost opportunities, and business
interruption. The fire and explosion occurred when a CNRL employee
bypassed certain safety controls and opened an operating coker
unit. The total quantum of alleged damages arising from the
incident has not been finalized, but is estimated to meet or
exceed $1 billion. The Corporation maintains various forms of
commercial, property and casualty, product liability, and other
forms of insurance; however, such insurance may not be adequate to
cover the costs associated with a judgment against us. The
Corporation is currently unable to estimate an amount, or range of
potential losses, if any, from this matter. The Corporation
believes it has adequate legal defenses and intends to defend this
matter vigorously. The Corporation's financial condition, results
of operations, and cash flows, could be materially affected during
a future fiscal quarter or fiscal year by unfavorable developments
or outcome regarding this claim.
"In addition to the CNRL litigation, the Corporation is party to a
number of other legal actions and claims, none of which
individually or in the aggregate, in the opinion of management,
are expected to have a material effect on the Corporation's
results of operations or financial position."
Curtiss-Wright Corporation is a diversified, multinational
provider of engineered, technologically advanced products and
services. The Company designs and manufactures engineered,
advanced technologies that perform critical functions in demanding
conditions in the defense, power generation, oil and gas,
commercial aerospace, and general industrial markets. The Company
operates through three segments: Flow Control, Motion Control, and
Metal Treatment. Its principal manufacturing facilities are
located in the United States in California, New York, North
Carolina, Pennsylvania, and Texas, and internationally in Canada
and the United Kingdom. In July 2014, the Company sold its
Benshaw, Inc. business to Regal-Beloit Corporation.
ASBESTOS UPDATE: Union Carbide Had $407MM Liability at June 30
--------------------------------------------------------------
Union Carbide Corporation had $407 million asbestos-related
liability for pending and future claims, according to The Dow
Chemical Company's Form 10-Q filing of the Securities and Exchange
Commission for the quarterly period ended June 30, 2016.
The Company states, "Union Carbide Corporation ("Union Carbide"),
a wholly owned subsidiary of the Company, is and has been involved
in a large number of asbestos-related suits filed primarily in
state courts during the past four decades. These suits principally
allege personal injury resulting from exposure to asbestos-
containing products and frequently seek both actual and punitive
damages. The alleged claims primarily relate to products that
Union Carbide sold in the past, alleged exposure to asbestos-
containing products located on Union Carbide's premises, and Union
Carbide's responsibility for asbestos suits filed against a former
Union Carbide subsidiary, Amchem Products, Inc. ("Amchem"). In
many cases, plaintiffs are unable to demonstrate that they have
suffered any compensable loss as a result of such exposure, or
that injuries incurred in fact resulted from exposure to Union
Carbide's products.
"Union Carbide expects more asbestos-related suits to be filed
against Union Carbide and Amchem in the future, and will
aggressively defend or reasonably resolve, as appropriate, both
pending and future claims.
"Based on a study completed in January 2003 by Analysis, Research
& Planning Corporation (now known as Ankura Consulting Group, LLC
("Ankura") as a result of the March 2016 merger of Analysis,
Research & Planning Corporation and Ankura), Union Carbide
increased its December 31, 2002 asbestos-related liability for
pending and future claims for the 15-year period ending in 2017 to
$2.2 billion, excluding future defense and processing costs. Since
then, Union Carbide has compared current asbestos claim and
resolution activity to the results of the most recent Ankura study
at each balance sheet date to determine whether the accrual
continues to be appropriate. In addition, Union Carbide has
requested Ankura to review Union Carbide's historical asbestos
claim and resolution activity each year since 2004 to determine
the appropriateness of updating the most recent Ankura study.
"In October 2015, Union Carbide requested Ankura to review its
historical asbestos claim and resolution activity and determine
the appropriateness of updating its December 2014 study. In
response to that request, Ankura reviewed and analyzed data
through September 30, 2015. In December 2015, Ankura stated that
an update of its study would not provide a more likely estimate of
future events than the estimate reflected in the December 2014
study and, therefore, the estimate in that study remained
applicable. Based on Union Carbide's own review of the asbestos
claim and resolution activity and Ankura's response, Union Carbide
determined that no change to the accrual would be required. At
December 31, 2015, the asbestos-related liability for pending and
future claims was $437 million. At December 31, 2015,
approximately 21 percent of the recorded liability related to
pending claims and approximately 79 percent related to future
claims.
"Based on Union Carbide's review of 2016 activity, Union Carbide
determined that no adjustment to the accrual was required at June
30, 2016. Union Carbide's asbestos-related liability for pending
and future claims was $407 million at June 30, 2016. Approximately
22 percent of the recorded liability related to pending claims and
approximately 78 percent related to future claims.
"Union Carbide has receivables for insurance recoveries related to
its asbestos liability as well as receivables for defense and
resolution costs submitted to insurance carriers that have
settlement agreements in place regarding their asbestos-related
insurance coverage. Union Carbide continues to believe that its
recorded receivable for insurance recoveries from all insurance
carriers is probable of collection. At June 30, 2016, Union
Carbide's receivable for insurance recoveries related to its
asbestos liability and defense and resolution costs was $44
million ($61 million at December 31, 2015).
"Union Carbide expenses defense costs as incurred. The pretax
impact for defense and resolution costs, net of insurance, was $18
million in the second quarter of 2016 ($21 million in the second
quarter of 2015) and $35 million in the first six months of 2016
($45 million in the first six months of 2015) and was reflected in
"Cost of sales" in the consolidated statements of income.
"The amounts recorded by Union Carbide for the asbestos-related
liability and related insurance receivable described above were
based upon current, known facts. However, future events, such as
the number of new claims to be filed and/or received each year,
the average cost of disposing of each such claim, coverage issues
among insurers, and the continuing solvency of various insurance
companies, as well as the numerous uncertainties surrounding
asbestos litigation in the United States, could cause the actual
costs and insurance recoveries for Union Carbide to be higher or
lower than those projected or those recorded.
"Because of the uncertainties described above, Union Carbide's
management cannot estimate the full range of the cost of resolving
pending and future asbestos-related claims facing Union Carbide
and Amchem. Union Carbide's management believes that it is
reasonably possible that the cost of disposing of Union Carbide's
asbestos-related claims, including future defense costs, could
have a material impact on Union Carbide's results of operations
and cash flows for a particular period and on the consolidated
financial position of Union Carbide.
"It is the opinion of Dow's management that it is reasonably
possible that the cost of Union Carbide disposing of its asbestos-
related claims, including future defense costs, could have a
material impact on the Company's results of operations and cash
flows for a particular period and on the consolidated financial
position of the Company."
ASBESTOS UPDATE: Ensco PLC, Units Had Suits Pending at June 30
--------------------------------------------------------------
Ensco PLC and its subsidiaries had 46 asbestos claims filed in
Mississippi and Louisiana, according to the Company's Form 10-Q
filing of the Securities and Exchange Commission for the quarterly
period ended June 30, 2016.
The Company states, "We and certain subsidiaries have been named
as defendants, along with numerous third-party companies as co-
defendants, in multi-party lawsuits filed in Mississippi and
Louisiana by approximately 46 plaintiffs. The lawsuits seek an
unspecified amount of monetary damages on behalf of individuals
alleging personal injury or death, primarily under the Jones Act,
purportedly resulting from exposure to asbestos on drilling rigs
and associated facilities during the 1960s through the 1980s.
"During 2013, we reached an agreement in principle with 58
plaintiffs to settle lawsuits filed in Mississippi for a nominal
amount. A special master reviewed all 58 cases and made an
allocation of settlement funds among the parties. The District
Court Judge reviewed the allocations and accepted the special
master's recommendations and approved the settlements. The
settlement documents for most of the individual plaintiffs have
been processed, and the cases dismissed. The settlement documents
for approximately 13 individual plaintiffs continue to be
processed.
"We intend to vigorously defend against the remaining claims and
have filed responsive pleadings preserving all defenses and
challenges to jurisdiction and venue. However, discovery is still
ongoing and, therefore, available information regarding the nature
of all pending claims is limited. At present, we cannot reasonably
determine how many of the claimants may have valid claims under
the Jones Act or estimate a range of potential liability exposure,
if any.
"In addition to the pending cases in Mississippi and Louisiana, we
have other asbestos or lung injury claims pending against us in
litigation in other jurisdictions. Although we do not expect final
disposition of these asbestos or lung injury lawsuits to have a
material adverse effect upon our financial position, operating
results or cash flows, there can be no assurances as to the
ultimate outcome of the lawsuits."
ASBESTOS UPDATE: Flowserve Still Subject to PI Liabilities
----------------------------------------------------------
Flowserve Corporation remains subject to personal injury
liabilities as a result of exposure to asbestos-containing
products manufactured and distributed by its heritage companies in
the past, according to the Company's Form 10-Q filing of the
Securities and Exchange Commission for the quarterly period ended
June 30, 2016.
The Company states, "We are a defendant in a substantial number of
lawsuits that seek to recover damages for personal injury
allegedly caused by exposure to asbestos-containing products
manufactured and/or distributed by our heritage companies in the
past. While the overall number of asbestos-related claims has
generally declined in recent years, there can be no assurance that
this trend will continue, or that the average cost per claim will
not further increase. Asbestos-containing materials incorporated
into any such products were encapsulated and used as internal
components of process equipment, and we do not believe that any
significant emission of asbestos fibers occurred during the use of
this equipment.
"Our practice is to vigorously contest and resolve these claims,
and we have been successful in resolving a majority of claims with
little or no payment. Historically, a high percentage of resolved
claims have been covered by applicable insurance or indemnities
from other companies, and we believe that a substantial majority
of existing claims should continue to be covered by insurance or
indemnities. Accordingly, we have recorded a liability for our
estimate of the most likely settlement of asserted claims and a
related receivable from insurers or other companies for our
estimated recovery, to the extent we believe that the amounts of
recovery are probable and not otherwise in dispute. While
unfavorable rulings, judgments or settlement terms regarding these
claims could have a material adverse impact on our business,
financial condition, results of operations and cash flows, we
currently believe the likelihood is remote.
"Additionally, we have claims pending against certain insurers
that, if resolved more favorably than reflected in the recorded
receivables, would result in discrete gains in the applicable
quarter. We are currently unable to estimate the impact, if any,
of unasserted asbestos-related claims, although future claims
would also be subject to then existing indemnities and insurance
coverage."
ASBESTOS UPDATE: Newport-Mesa Schools Won't Adopt Jury Reco
-----------------------------------------------------------
Alex Chan, writing for Los Angeles Times, reported that the
Newport-Mesa Unified School District says it does not plan to
implement recommendations in an Orange County grand jury report on
how area school districts can improve hazardous-materials
management and communication with school communities about campus
construction projects.
The grand jury's report, released in June, focused on how asbestos
concerns in area districts are handled. The report was prompted by
an incident in the Ocean View School District in Huntington Beach
in 2014-15 in which three schools were closed temporarily because
of concerns about the potentially hazardous mineral fiber and
millions of dollars in extra spending was dedicated to abating the
material.
The jurors recommended that each district:
* Create a plan for how issues regarding hazardous materials
will be communicated to parents and others;
* Maintain a computerized database listing all district
buildings and their characteristics;
* Budget for asbestos inspections every three years and share
inspection data with prospective construction bidders;
* Request that the Orange County Department of Education use
one or more of its monthly "all districts" meetings to discuss the
handing of hazardous materials and that representatives from each
district attend.
But Newport-Mesa will not implement the recommendations, saying
they are "not warranted and not reasonable."
At least four other districts told Orange County Superior Court
Judge Charles Margines that they won't adopt the suggestions.
In Newport-Mesa's response this month, the district said its
practice of making inspection reports accessible at its office and
school sites, as required by the federal Asbestos Hazard Emergency
Response Act, is "sufficient" and that the grand jury suggestion
of a computerized database would require additional funding or the
transfer of funds from educational programs.
Under AHERA regulations, schools are required to perform
inspections to determine whether asbestos-containing materials are
present and to maintain an asbestos management plan.
Newport-Mesa schools are inspected twice a year, according to
district spokeswoman Annette Franco.
Newport-Mesa wrote that the county Department of Education
frequently distributes information to districts on a "wide range
of subjects" and that the meetings that were recommended are
unnecessary.
The district also noted that the grand jury's recommendations to
budget for asbestos inspections and share the data with bidders
are already in place in Newport-Mesa.
The grand jury report found that all but one of Orange County's 28
school districts have asbestos present in at least one of their
schools.
While the jury noted that asbestos contained in walls or ceilings
does not present an immediate hazard, any disturbance that
releases the fibers into the air can pose a hazard to anyone
exposed to a significant amount.
Ocean View School District staff has already presented an
asbestos-management plan to the district board of trustees and
made it available to the public this summer. Maintenance and
custodial staff has been trained in asbestos safety, according to
Supt. Carol Hansen.
Of the three Ocean View campuses that closed because of asbestos
concerns, two -- Hope View and Oak View elementary schools --
reopened in September 2015 after construction crews removed small
amounts of the material and completed upgrades in the buildings.
The other school, Lake View Elementary, will reopen Sept. 7.
ASBESTOS UPDATE: Asbestos Discovered in Grand Strand School
-----------------------------------------------------------
Christian Boschult, writing for Myrtle Beach Online, reported that
asbestos has been discovered at North Myrtle Beach High School.
The asbestos is located within other materials used during
construction of the school in the 1970s, said Mark Wolfe,
executive director of facilities.
Wolfe said that crews removing the substance will work at night,
and that students won't be exposed.
"We're doing everything according to EPA guidelines and
regulations to make sure everything is done properly," he said.
District 1 Representative Holly Heniford said the asbestos was
discovered several weeks earlier and won't be a problem.
"It's non-airborne," she said.
District Spokeswoman Teal Britton said the asbestos is "non-
friable," meaning that no particles fly off when the material
breaks.
Friable asbestos is airborne, and breakage results in particles
that can be inhaled.
"They're going to be using air quality monitors throughout the
process," said Britton.
ASBESTOS UPDATE: Mesowatch Launches Fight for Meso Victims
----------------------------------------------------------
For decades, the asbestos industry and employers have known about
the dangers of asbestos exposure. Yet despite being aware of these
risks, many in the industry continued to manufacture, distribute
and market the toxic fiber.
That carelessness led to more than 11 million Americans being
exposed to asbestos until the 1970s, resulting in thousands of
cases of lung cancer and other illnesses.
Mesowatch -- a law firm providing dedicated legal counsel in
asbestos lawsuits -- was launched to help victims of the industry
and their families secure compensation from settlements, verdicts,
trust funds, veterans benefits, social security and disability.
Comprised of a national team of attorneys and attorney partner
groups, Mesowatch's partners have secured multi-million dollar
settlements and verdicts in mesothelioma lawsuits throughout the
U.S., and the firm is committed to acting as a watchdog for the
asbestos industry. The firm's aggressive approach helps victims
secure fast trial dates and, in some cases, settlements have been
reached within six months. To date, Mesowatch's nationwide team of
mesothelioma and asbestos exposure attorneys has secured $2
billion in compensation for clients.
Mesowatch.com Features A Repository of Information for Asbestos
Exposure Victims
Patients who are battling mesothelioma and their families have a
range of legal and financial rights to secure compensation for
their suffering. Yet, many are unaware of their rights.
Mesowatch.com was launched to educate people recently diagnosed
with lung cancer and other asbestos-related diseases about their
legal rights.
The financial burdens of battling an asbestos-related illness --
which include lost wages, medical bills, treatment costs and
transportation, among others -- are difficult for families to
overcome. Mesowatch.com offers in-depth information and advice
about specific legal strategies for securing compensation
including:
-- Mesothelioma Settlements
-- Trial Verdicts
-- VA Benefits for Asbestos-Related Diseases
-- Disability Benefits
-- Asbestos Trust Funds
-- Health Insurance Claims
About Mesowatch:
Sponsored by the Meldofsky Law Firm, Mesowatch is a team of
nationwide asbestos exposure attorneys that has collectively
secured $2 billion for victims of the asbestos industry. The firm
provides comprehensive legal counsel for victims, helping them
obtain access to veterans benefits, trust funds, disability
payments and settlements. Mesowatch also works for fast trial
dates, and in the past, settlements have been reached within six
months. The firm also hosts a repository of information regarding
asbestos-related diseases and news at Mesowatch.com.
ASBESTOS UPDATE: Oregon Schools Face Plethora of Envi Concerns
--------------------------------------------------------------
Jefferson Public Radio reported that H.B. Lee Middle School sits
in Gresham. It was built 50 years ago and is showing its age --
it's dusty and there's lead in the water and in the paint.
Still, teacher Mark Hardin loves the school, especially the
library.
"It has really excellent acoustics and one of the reasons it has
great acoustics is all that popcorn asbestos all around the
walls," he said. "That's why there's nothing posted up on those
walls because they're all 1966 technology. And it's fine, so long
as we keep it sealed."
Hardin is right. Asbestos is only dangerous if it can be breathed.
But in addition to the asbestos and the lead, H.B. Lee has other
problems.
Hardin remembers a few years ago that so many kids got headaches
and respiratory problems in one classroom that it ended up being
known as "the sick room."
"Kids couldn't be in there and we moved the class into the library
and spent a month trying to figure out what was making that room
have a weird smell and make kids feel sick," he said.
Related: Check to see if your child's school has tested positive
for elevated lead levels.
"We found out that the paint that had been painted on the walls
had been stored. And it was OK. But when it was put on the wall,
it bloomed."
Hardin said the room smelled like a cross between a barn and a pot
plantation. The culprit turned out to be mold.
And while no direct link to health problems was ever made to that
mold, Hardin says the class pet -- a naked mole rat named Ramsey -
- died of a respiratory condition while living there.
Dr. Sheela Sathyanarayana works in the Pediatric Environmental
Health Unit with the University of Washington.
She said mold isn't usually that bad, but it can be. Schools
aren't required to routinely test for mold.
"The toxic black mold that people talk about is really, really
rare. We hardly ever see it," said Sathyanarayana. "What's way
more common is just a green or brown or even black slimy mold that
comes from wet indoor environments."
She said different children react differently to different
environmental issues. It's quite possible to have a moldy room
where 25 children are just fine, but the 26th suffers badly.
"There are children who have more sensitivity to certain agents
compared to others," Sathyanarayana said.
That's why it's all but impossible to rank environmental concerns.
Lead and radon have gotten all the attention recently: Oregon
lawmakers began requiring districts test for radon last year, and
new requirements for lead are likely coming next legislative
session.
But Sathyanarayana and other experts say it's often not the
obvious issues that effect the largest number of kids.
In fact, the biggest problem she sees is everyday dust. Poor
ventilation systems cause allergies, asthma and respiratory
infections.
Across the country, children with asthma missed close to 14
million school days in 2013. And Oregon has one of the worst rates
of chronic absenteeism in the nation.
Dr. Ben Hoffman with the Oregon Pediatrics Society said it's right
for parents to worry about lead and dust and asbestos and radon.
But he cautions, those worries need to be put in perspective.
"The point is that the most dangerous time in a school child's day
is transport to and from school," Hoffman said.
After car crashes, he said the biggest threat to kids is drowning,
then falls, suicide and then poisoning -- whether it's young kids
eating washing machine soap tablets or teenagers raiding the
medicine cabinet.
Only then come problems caused by environmental issues, said
Hoffman.
"It's really easy to worry about things that are emotional and
scary," he said.
Measuring environmental problems and knowing how much exposure is
harmful is key, according to Hoffman.
ASBESTOS UPDATE: Asbestos Scare Raises Concerns About Hospital
--------------------------------------------------------------
Pablo Vinales and Rosemary Bolger, writing for ABC News, reported
that another asbestos scare during construction at the Royal
Hobart Hospital has raised concerns the site's asbestos register
is not current.
The Construction, Forestry, Mining, and Energy Union (CFMEU) said
workers ground glue last week containing the potentially deadly
fibre, which was under the floor tiles.
The grinding created a fine dust, potentially exposing workers to
dangerous fibres.
The union has released the incident report prepared by the John
Holland Fairbrother joint venture managers that states air
monitoring and swab samples found the presence of asbestos was
below the acceptable standard.
The report noted that the managing contractor had advised the
government that the asbestos register was not up to date.
Union spokesman Kevin Harkins has called for an audit to be
carried out, and all asbestos removed before construction work
starts in the area.
"The asbestos register is not a dependable record of the presence
of asbestos-containing materials at the Royal, and places workers
in danger," he said.
Mr Harkins also criticised the Government and managing contractor
for not being more candid about the latest scare.
"It seems that between the Government and the head contractors
that there's been quite a bit of effort put into trying to make
sure we didn't find out about it, but eventually we did," he said.
"There's innuendo around the job that makes it clear that if
workers on the site speak out about these kinds of things, then
they can be expected to be treated differently than others."
It is the latest in a series of asbestos scares at the hospital.
Dust fell on a patient in intensive care earlier this month, but
was later cleared of containing asbestos, while 40 staff had to be
relocated after asbestos fell from the ceiling.
The State Government said in a statement that it took asbestos
very seriously.
"Whenever asbestos is discovered on the build site, all necessary
precautions are immediately taken, and if necessary, Worksafe
Tasmania is informed as is proper," the statement said.
"It is disappointing that Mr Harkins is continuing to try and
undermine the vital RHH project with his continual scaremongering
and political point-scoring."
ASBESTOS UPDATE: Union Accuses State Govt of Asbestos Cover Up
--------------------------------------------------------------
Alex Luttrell, writing for Mercury, reported that a Tasmanian
construction union has accused the State Government of covering up
a report on asbestos exposure at the Royal Hobart Hospital
development site.
The Construction, Forestry, Mining and Energy Union said a report
by John Holland Fairbrother Joint Venture found that floor
grinding was carried out on vinyl tile glue containing asbestos,
creating a fine dust that contained asbestos.
The union said environmental consultants Presna confirmed that
both air monitoring and swab samples revealed the presence of
asbestos containing material was below acceptable standards.
CFMEU safety officer Kevin Harkins said Health Minister Michael
Ferguson and the government had put "more effort into a cover up"
than rectifying the asbestos issue.
"When we first requested a copy of the incident report the
managing contractor refused to hand it over," Mr Harkins said.
"The Liberal Government bosses have tried to keep this a secret
but we don't think that is in the community interest.
"Workers on the site are angry and annoyed that the Government are
trying to cover up a dangerous asbestos issues. Surely it's their
responsibility to protect Tasmanian workers.
Mr Harkins said the State Government had a responsibility to
ensure the safety of workers and the community from asbestos.
"Our position is common sense: audit the area first and remove all
asbestos from the construction zone before other work begins," he
said.
Health Minister Michael Ferguson last week confirmed the $689
million RHH redevelopment was not expected to be completed until
mid-2019.
It follows a raft of issues at the hospital, including faulty
modules and asbestos scares.
ASBESTOS UPDATE: Australian Asbestos Discoveries Ring Alarm in NZ
-----------------------------------------------------------------
Radio New Zealand reported that six asbestos discoveries have been
made in new building projects Australia this year, including one
at a children's hospital in Perth.
The latest find was at a NZ$500 million smelter redevelopment in
South Australia, RNZ reported.
Exposed friable asbestos chrysotile was found in a plaster coating
on eight heat exchangers imported from China.
Peter Tighe, who heads the federal Asbestos Safety and Eradication
Agency said it "boggles the mind".
The make-up of the insulation should have been checked, he told
RNZ.
Tighe warned there was no room for complacency.
"If it's a problem in Australia then the chance that it's a
problem in New Zealand is quite likely, and to be forewarned is to
be forearmed."
ASBESTOS UPDATE: Asbestos Found in Abandoned Box in Candia
----------------------------------------------------------
NH1.com reported that a huge crate of asbestos was found within
building materials left in an abandoned 1,700 pound wooden box on
North Road on Aug. 11.
An official with the NH Department of Environmental Services
verified that the box contained asbestos after a resident reported
finding the large box. It was later removed.
When asbestos fibers are breathed in, they can get trapped in the
lungs resulting in scarring and inflammation. This can affect
breathing and lead to serious health problems such as lung cancer
and mesothelioma, according to the National Cancer Institute.
ASBESTOS UPDATE: Fair Share Act Still A Question Mark in Cases
--------------------------------------------------------------
Nicholas Malfitano, writing for PennRecord, reported that
appellate court guidance on how to use 2011's Fair Share Act in
asbestos trials has not yet occurred, leaving state trial court
judges to decide on their own.
"One of the biggest [issues] is there is no appellate law on the
application of the Fair Share Act in these cases. Typically, when
it comes to applying law, we look at the appellate courts for
guidance, whether that's the Superior Court or Supreme Court,"
said Gregory M. Stokes of Swartz Campbell, in Philadelphia.
Stokes is a litigator who specializes in defending product
manufacturers, suppliers and premises owners in asbestos-related
cases.
"Since the passing of the Fair Share Act, there has not been any
appellate law to the best of my knowledge, specifically related to
asbestos cases where it involves claims of strict liability and
negligence, where an appellate court has taken the issue up. We
don't have the guidance from the appellate courts in this case, so
it's left to the interpretation of the trial judges."
The FSA, signed into Pennsylvania law by then-Governor Tom Corbett
in June 2011, amended the Commonwealth's Comparative Negligence
Statute (42 Pa C.S.A. Section 7102) and stipulated that if an
individual defendant was found less than 60 percent liable in a
given case, then dollar-amount damages for said defendant would be
set at a level proportional to their percentage of liability in
that case.
The FSA served to substantially curtail, if not remove, the
concept of joint and several liability from such cases tried in
the state.
Stokes elaborated the small number of cases that have proceeded to
a jury verdict since the FSA's passing could be a contributing
factor to the lack of appellate court precedent, on the issue of
the law's application or non-application.
"There really haven't been many cases that have gone to verdict in
the Commonwealth applying the Fair Share Act. I think there's been
approximately seven or eight cases, around 10 cases that have gone
to verdict since the passage of the Fair Share Act. For whatever
reason, those cases have not been appealed," Stokes said.
"If there's no appeal from the trial verdict, then obviously there
can be no determination by any appellate court whether the
application or non-application of the Fair Share Act was proper or
improper."
Stokes pointed to an overwhelming majority of cases, which he
approximated as "90 to 95 percent," being settled before
proceeding to trial as another factor preventing an appellate
court from examining the issue.
"Your pool of cases that actually go to verdict is pretty small.
We're talking about 10 cases over the course of four or five
years, so you're looking at one to two cases per year that
actually go to verdict, which is not a very large number," Stokes
said.
"I would expect that we'd see one of these cases in the next
couple of years going up to the appellate courts, but we just
haven't seen it yet. There have been a couple of recent cases that
may see appeals and may see this issue being considered by the
Superior Court."
Stokes also referred to a trend of plaintiffs asking to drop the
negligence part of their cases, in order for the FSA not to be
applied.
"There are a couple of situations: One is we've heard the
arguments from plaintiffs that because the Fair Share Act is part
of a comparative negligence statute that it is a negligence issue.
And since most of these claims are mixed claims of negligence and
strict liability, we've seen situations where counselors argued
that the inclusion of the strict liability claim renders the Fair
Share Act inapplicable in the claim," Stokes stated.
Stokes added, "There is the possibility that they can go a step
farther, which is to drop the negligence claim and proceed only in
strict liability, which could conceivably strengthen their
argument in relation to the non-applicability of the Fair Share
Act. Once you eliminate the negligence issue, Plaintiffs may argue
the case would fall outside of the comparative negligence
statute."
Stokes also praised the oversight of asbestos cases in the
Philadelphia County Court of Common Pleas' Complex Litigation
Center, by Judge Arnold L. New.
"He's done a phenomenal job over the past few years in
streamlining these cases. He does have a team of judges who are
assigned these asbestos cases, it's a rotating team. Each year, he
has a couple of judges that are added to that team, and a couple
who go into different programs," Stokes said.
Stokes explained New "rules on a majority of summary judgment
motions, handles the pre-trial pleadings, motion practice and any
issues relating to discovery or trial scheduling" in these cases.
"Judge New, the way he runs this program, I think it's a fair
program for all parties. He does try to push for resolution if the
case can be resolved, but he also gives all parties the
opportunity to try a case, if it's a case that they think for
whatever reason should be tried," Stokes said.
In regards to the rotating team of judges in the CLC overseeing
the asbestos cases and attorneys not learning who the presiding
judge will be until shortly before court proceedings begin, Stokes
indicated such a policy puts all parties involved on an even
playing field.
"I would say everybody is in the same position. If defendants
don't know, plaintiffs don't know, then I don't know if there's
much advantage for anybody in that situation. It makes all parties
think long and hard whether they want to take the case to trial,"
Stokes said.
"Obviously, some judges may have leanings towards certain rulings
and judges will decide motions, objections and legal issues as
they see them. Without knowing which judge you're going to be
assigned to, I think all parties are on equal footing at that
point."
ASBESTOS UPDATE: Garlock Bankruptcy Affects Asbestos Workers
------------------------------------------------------------
The following is being released by the law firm of Robinson,
Bradshaw & Hinson, P.A.
There is a bankruptcy involving claims about exposure to asbestos-
containing gaskets, packing, and equipment. Garlock Sealing
Technologies LLC, The Anchor Packing Company, and Garrison
Litigation Management Group, Ltd., along with representatives of
asbestos claimants, have filed a new plan of reorganization (the
"Plan"). Coltec Industries Inc is also part of the Plan. If
claimants approve the Plan, Coltec will merge with a company known
as OldCo, LLC, and that company will file a bankruptcy case.
Together, these companies are referred to as the "Debtors."
The gaskets and packing were used in places where steam, hot
liquid, or acids moved through pipes, including industrial and
maritime settings. The equipment included compressors, engines,
pumps, transformers, and other equipment that may have had
asbestos-containing components, such as gaskets or packing. The
Coltec-related divisions or businesses that may have sold
asbestos-containing products or equipment were Fairbanks Morse,
Quincy Compressor, Central Moloney, Delavan, France Compressor,
and Farnam.
Rights may be affected for individuals who:
Worked with or around Garlock asbestos-containing gaskets or
packing, Coltec equipment with asbestos components, or any other
asbestos-containing product for which Debtors are responsible, or
Have a claim now or in the future against the Debtors for
asbestos-related disease caused by any person's exposure to
asbestos-containing products.
Even if individuals have not yet been diagnosed with any disease
or experienced any symptoms, their rights may be affected. The
Court has appointed a Future Claimants' Representative ("FCR") to
represent the rights of these future claimants.
The Plan is the result of a settlement agreement between the
Debtors, the FCR, and committees representing asbestos claimants
against Garlock and Coltec (the "Asbestos Claimants Committee").
The Plan will establish a Trust funded with $480 million to pay
asbestos claims against Garlock and Coltec. If the Plan is
approved, all claims must be filed against the Trust. Individuals
will not be able to file claims against the Debtor or protected
parties. If individuals have claims only against Anchor, they are
not expected to recover anything, as that company has no assets
and will be dissolved.
The Plan replaces a different plan that was supported by the
Debtors and FCR. The Plan provides more guaranteed funding for
paying asbestos claims, and also pays claims against Coltec. The
Asbestos Claimants Committee opposed the previous plan, but
supports the Plan.
All identifiable asbestos claimants or their attorneys will
receive the "Solicitation Package." This includes the Plan,
Voting Ballot, and other information. Claimants can vote on the
Plan by providing certified information about their claim, or
making a motion to vote as described in the Solicitation Package
available online or by calling the toll-free number.
Claimants will need to vote on the Plan by December 9, 2016.
Claimants may also object to the Plan and the adequacy of the
FCR's representation of future claimants, and must do so by
December 9, 2016.
Certain deadlines for filing asbestos claims against Garlock have
already passed. If claimants have an asbestos claim against
Coltec based on a disease diagnosed on or before August 1, 2014,
they must cast a ballot before December 9, 2016, or else file a
claim by March 24, 2017. If they do not file a claim, they may
lose their right to bring a Coltec claim against the Trust in the
future. Individuals diagnosed with disease after August 1, 2014
do not have to file a claim at this time, but may be able to vote
or object to the Plan. In addition, if claimants have already
filed an asbestos claim against Garlock, they do not have to file
a separate Coltec asbestos claim.
A hearing to consider confirmation of the Plan will begin at 10:00
a.m. ET on May 15, 2017, at the US Bankruptcy Court, Western
District of North Carolina, 401 West Trade Street, Charlotte, NC
28202.
ASBESTOS UPDATE: Boxer Pushes EPA to Review Asbestos in New Law
---------------------------------------------------------------
Sam Pearson, writing for Bloomberg News, reported that the
Environmental Protection Agency must lay the groundwork to take
action against asbestos by flagging the substance for review later
this year, Sen. Barbara Boxer (D-Calif.) said in an Aug. 26 letter
to the agency.
Under the new Frank R. Lautenberg Chemical Safety for the 21st
Century Act, the EPA is supposed to give priority to known
carcinogens like asbestos. The agency is required to select the
first 10 chemicals for evaluation by Dec. 22.
Adding asbestos to the list would be just the first step in a
regulatory process that could still take several years. If an
asbestos ban was justified under the law's provisions, it could
eventually force companies in fields such as the chlor-alkali
industry to remove asbestos-containing products from their
operations.
In the letter to EPA Administrator Gina McCarthy, Boxer said
including asbestos among the initial 10 substances would send a
signal that EPA was serious about making the most of the new law,
which updates the Toxic Substances Control Act.
"The chemicals selected will drive EPA's agenda for the next
several years," Boxer wrote. "To build confidence in the agency's
ability to deliver meaningful results for our children and
families, EPA must consider all forms of asbestos in this initial
list of chemicals it acts on."
In previous comments, industry groups have pushed for the agency
to select the 10 chemicals from its existing Toxic Substances
Control Act Chemical Work Plan list. Asbestos and asbestos-like
fibers were added to the work plan in 2012, but unlike some other
chemicals on the list, EPA has not initiated a risk assessment or
other regulatory actions.
In a statement to Bloomberg BNA Aug. 26, the EPA said it had
received the letter.
"The agency welcomes input from all stakeholders on this and other
issues related to implementation of this important new law," the
statement said.
Poster Substance for Reform
Although asbestos has not been mined in the U.S. since 2002, more
than 8.2 million pounds of the mineral were imported from 2006 to
2015, according to a March 2015 EWG Action Fund report that
analyzed import data.
Asbestos played a prominent role in EPA's early efforts to
restrict hazardous chemicals. In 1991, the EPA's proposed asbestos
ban was struck down when a federal appeals court ruled the agency
failed to consider alternatives to a ban. Corrosion Proof Fittings
v. EPA, 5th Cir., No. 947, 10/18/91
The ruling, which exposed the limitations of the Toxic Substances
Control Act, was among the reasons cited for overhauling the law.
Whether legislation would be sufficient to ban asbestos became a
key test for many advocacy groups.
"The system was so complex, it was so burdensome that our country
hasn't even been able to uphold a ban on asbestos--a known
carcinogen that kills as many as 10,000 Americans every year,"
President Barack Obama said at a signing ceremony for the new law
June 22. "I think a lot of Americans would be shocked by all
that."
Obama's words were huge for public health advocates, Linda
Reinstein, president of the Asbestos Disease Awareness
Organization, told Bloomberg BNA Aug. 26.
Reinstein said Boxer's letter showed the EPA "that although TSCA
reform was signed into law, it doesn't mean that any of the
sponsors or co-sponsors are going to walk away and ignore
implementation."
ASBESTOS UPDATE: Waste Dumped on Dartmoor Fears to Have Asbestos
----------------------------------------------------------------
Herald Express reported that fears have been raised that bags
stuffed full of construction waste dumped on Dartmoor could
contain the deadly material asbestos.
Bags full of what appear to be materials from a demolition site
have been dumped at Clearbrook.
A local man found the mess five-minutes from the car park at the
beauty spot.
He said the bags and sacks are full of concrete and plaster as
well as what could be asbestos.
When broken up asbestos releases a dust that can cause the deadly
cancer mesothelioma.
It requires specialist handling and disposal.
Anyone with information can report the crime to police on 101 or
West Devon Borough Council on 01822 813600
ASBESTOS UPDATE: Family of Cancer Victim Pleas for Ex-Colleagues
----------------------------------------------------------------
Nick Parry, writing for South Wales Evening Post, reported that
the family of a former Gorseinon factory worker is appealing for
help from his former colleagues after he died from asbestos
related lung cancer.
John Duncan Boulter, who was known as Duncan, worked at the old JB
Furs site on Garngoch Common more than 40 years ago.
The grandfather died this year at the age of just 65 from
mesothelioma, a terminal lung cancer caused in many cases by
asbestos.
His family claim he developed the disease around 45 years after
breathing in asbestos dust and fibres while working at the
factory's dry section operating heated polishing machines that
stretched and buffed sheepskins.
The National Asbestos Helpline and Birchall Blackburn Law are
working with his family to trace anyone who worked for JB Furs
during the 1960s and 1970s.
They say former employees who knew or worked with -- or near -- Mr
Boulter at the time, may have vital information about the presence
of asbestos within the factory and how he was exposed to the
material.
Mr Boulter began to feel unwell towards the end of October last
year, just weeks after his 65th birthday. He started to lose
energy, had chest pains and lost his appetite.
After hospital tests and procedures to drain excess fluid from his
chest, lung cancer was suspected and in January of this year he
was diagnosed with mesothelioma. In less than three months he had
gone from celebrating his birthday as a fit and healthy man to
being discharged from hospital with weeks to live.
His daughter, who wishes to remain anonymous, said: "We had no
idea at the time it was mesothelioma. He was feeling a lot more
tired and we all assumed he was just getting old -- but it was the
cancer.
"It has hit my mum more than anyone and it's been a big change for
her. They spent all their time together and did almost everything
as a couple. It's been strange for us all to get our head around
it. We've never lost anyone so close to us all before and it's
difficult. It happened so quickly and we miss him dearly."
Mr Boulter who grew up in Penllergaer and lived in Gorseinon was
still working and had not thought about retirement until he became
seriously ill in October.
His family say he was an active man who liked to play and holiday
with his grandchildren, go fishing, play the odd round of golf and
go walking with his wife. For his 65th birthday the family bought
him a motorised bicycle, but he never got to use it.
Joan Kennedy, an industrial disease specialist with Birchall
Blackburn Law, said: "Mesothelioma takes decades to develop, which
can deny people the justice they deserve. After such a long time
it can be difficult to uncover the evidence needed to find out
where and when exposure to asbestos dust occurred. We need help
from Duncan's friends and former colleagues. Otherwise a
hardworking man and his family, who should have been looking
forward to a long and happy retirement together, will get no
justice."
Jan Garvey, from the National Asbestos Helpline, says:
"Mesothelioma is a cruel and aggressive lung cancer. It is
devastating a generation of people who have worked hard all their
lives and should be looking forward to a happy retirement. Not
enough is being done by the government and insurance companies to
help victims and their families -- and we need more funding for
research into more effective treatments."
The Department of Work and Pensions says that 53,000 people will
eventually die from mesothelioma between 2013 and 2037 in the UK.
Health and Safety Executive (HSE) show that more than 150 in the
Swansea area and more than 1,600 throughout Wales have died from
the asbestos-related lung cancer between 1981 and 2011.
Anyone who knows about the presence of asbestos at JB Furs in
Gorseinon in the 1960s and 1970s, is asked to call Joan Kennedy
from Birchall Blackburn Law on 01244 684 475 or Jan Garvey at the
National Asbestos Helpline on freephone 0800 043 6635.
Alternatively, email jxkennedy@birchallblackburn.co.uk.
ASBESTOS UPDATE: Asbestos at School Force Students to Relocate
--------------------------------------------------------------
Jessica Mazzola, writing for NJ.com, reported that students from
an Essex County elementary school will be bused to a building in
Passaic County to start the school year due to an "asbestos
incident" in the district, according to multiple reports.
The cleanup of North End Elementary School in Cedar Grove will not
be completed by the start of school, so students in grades one
through four will be bused to Woodland Park Elementary School in
Passaic County, News 12 reported.
According to NorthJersey.com, district officials said the building
had an "asbestos exposure incident" during construction on July
18. Tests found elevated levels of asbestos throughout the
building, the report said.
At a meeting Thursday, school officials told parents they
considered all possible relocation options, WABC reported.
Officials said they expect a second school in the district that
tested high for asbestos, South End, to be cleaned in time for the
start of school, the reports said.
ASBESTOS UPDATE: Asbestos Find Closes Murwillumbah Dog Park
-----------------------------------------------------------
Lea Emery, writing for Gold Coast Bulletin, reported that a
Murwillumbah park is closed after asbestos was found in the off-
leash dog area next to Frangela Dr.
Testing by Tweed Shire Council confirmed the small pieces of fibro
found in early August the Frangela Drive Reserve contained
asbestos.
the council has cordoned off the park and signs warning residents
are in place.
The park was previously a dump which was closed in the early 1960s
and was filled to create the park.
Council manager of building and environmental health David
McNicoll said the park was not a danger to people or their pets.
"We've organised for a certified asbestos removal company to
remove all remaining fragments of the fibro on Saturday and then
we will have an independent consultant provide a clearance
certificate to give the site the all-clear, after which the
fencing and signs will be removed," he said.
Mr McNicoll said council would get an independent organisation to
help devise a long-term management plan about the site.
ASBESTOS UPDATE: Federal Govt Called to Meet Asbestos Victims
-------------------------------------------------------------
ABC News reported that there are are calls for Border Protection
Minister Peter Dutton to meet with asbestos victims after more
building materials containing asbestos sourced from China were
found on an Australian building site.
In the latest case, friable asbestos imported into the country was
discovered on eight so-called vessels used in the redevelopment of
the Nyrstar's Port Pirie smelter.
Workers were wearing protective equipment to guard against lead
when the discovery was made.
Geoff Maul from the Asbestos Victims Association said a 13-year-
old ban on imports of the deadly substance needed to be enforced.
"It's a lethal weapon ... you might as well hold a gun to someone
it's the same thing only it takes 30 years to do it," he said.
Asbestos kills silently and slowly.
Mr Maul said he was diagnosed with the asbestos disease plural
plaque in the 1980s after working at the Port Augusta power
station.
"After you've got it in your body there is no cure whatsoever, the
fibres go inside your lungs," he said.
Opposition Leader Bill Shorten said the Government needed to take
action and Mr Dutton should meet with asbestos victims.
"This Government in my opinion may talk about health and safety
but when it comes to asbestos clearly not enough is being done,"
Mr Shorten said.
Mr Dutton was unavailable for an interview.
Chinese asbestos has also been found on a new Perth hospital, a
Brisbane high-rise, electrical substations on Adelaide's Seaford
rail line and portable buildings made by a company at Monarto.
Australian Border Force said it has ramped up its focus on
asbestos but conceded it tested only a fraction of shipments last
year.
Nyrstar has said it was disappointed with the discovery and that a
supply contract explicitly prohibited the use of asbestos in
materials.
It is unclear when the asbestos will be removed.
Nyrstar is under investigation by both Safework SA and Australian
Border Force.
ASBESTOS UPDATE: Crew Accused of Leaving Asbestos Jobs Unfinished
-----------------------------------------------------------------
Ronnie Dahl, writing for WXYZ.com, reported that an asbestos alarm
for residents in a Detroit neighborhood after a contractor started
abatement work, then just seemed to disappear.
Good people, good neighbors call Mclean Street home. So, when a
crew pulled up in front of a vacant house a few weeks ago, they
got hopeful.
"They pulled up with trucks, hopped out, started tearing stuff up,
making a lot of noise. Looked like something was going to happen."
The crew was with a subcontractor for Professional Abatement
Services. The Detroit Building Authority hired Professional
Abatement Services to rid vacant houses of dangerous asbestos.
When the abatement crew left, the three houses they worked on
remained covered in plastic with a danger sign posted. As days
went by, the seal became loose and the plastic flapped in the
wind. Neighbors grew concerned that their health was at risk.
An inspector with the Michigan Department of Environmental Quality
arrived to take samples.
Brian Farkas with the Detroit Building Authority says the
contractor Professional Abatement Services, (P.A.S.I.) and its
subcontractor, Quality Environmental and Demolition, LLC were
recently cited by MDEQ for a health and safety violation on
another property. Because of the violation, the company could be
prevented from bidding on any new work for 90 days.
A supervisor with Quality Environmental and Demolition tells
Action News proper procedures were followed.
ASBESTOS UPDATE: Police Officers Sue City of Nitro Over Asbestos
----------------------------------------------------------------
Kyla Asbury, writing for West Virginia Record, reported that four
police officers are suing the City of Nitro and King's Way
Christian Church after they claim there is asbestos in the police
department building that the city has been aware of for nearly a
decade.
Timothy Jarrell, Richard Foster, Ronald Clay and Mikel Clay are
members of the Nitro Police Department and were retaliated against
for their complaints about the building being filled with
asbestos, according to four complaints filed Aug. 24 in Kanawha
Circuit Court.
The officers claim an adverse employment action was taken against
them in that their method of accruing vacation time reduced
without legal right or just cause.
"Such action was retaliatory in nature for [their] complaints
about [their] unsafe work conditions, named the presence of deadly
asbestos in the offices of the Nitro Police Department, the
presence of which has been known to the City of Nitro since at
least 2008," the complaints state.
The plaintiffs claim they were subjected to a hostile work
environment by constantly referring to them as the "Fab Four" when
they were only concerned with their safety and were exercising
their legal rights to complain about the exposure.
As a result of the illegal and retaliatory adverse employment
action, the officers sustained lost wages, embarrassment,
humiliation, emotional distress and will continue to do so in the
future, according to the suits.
The officers claim the City of Nitro is vicariously liable for the
acts of its employees, including Police Chief Steve Walker and
Mayor Dave Casebolt.
King's Way Christian Church, the owner of the police department
building, had a duty to maintain its premises in a reasonably safe
condition and failed to do so, according to the suit.
The officers are seeking compensatory damages with pre- and post-
judgment interest and medical monitoring. They are being
represented by Scott H. Kaminski of Kaminski Law PLLC.
The cases are assigned to Circuit Judges Charles King, Louis
Bloom, Carrie Webster and Jennifer Bailey
Kanawha Circuit Court case numbers: 16-C-1301, 16-C-1302, 16-C-
1304, 16-C-1305
ASBESTOS UPDATE: Asbestos Work Displaces Falmouth Students
----------------------------------------------------------
Jillian Duff, writing for Mesothelioma.com, reported that up to
two buildings will be needed to house 304 Falmouth students who
have been displaced for two months due to asbestos work. The
asbestos was discovered when contractors were working at the
Teaticket Elementary School on Maravista Avenue.
There was asbestos abatement happening, which was successfully
completed. But another ongoing project was taking place to replace
the heating and air-handling units in each room. Asbestos was
disturbed during that work.
According to the Director of Finance and Facilities for Falmouth
District, Patrick Murphy, "A subsequent air test came back 'hot'
for the substance, which triggered the building-wide shutdown."
That's when administrators were prompted to delay the usual
September 6 opening of the school year.
"The district doesn't know yet how widespread the asbestos
contamination is and where the previously undiscovered asbestos is
located. Summer camps had been relocated this year to other
buildings and there were no staff present while the HVAC work was
being done, but it's unclear if there was any chance of exposure
for students and staff prior to the work," said Murphy.
According to Superintendent Nancy Taylor, "There is no single
building in the district that could house the entire school
population for two months, the anticipated length of the asbestos
work."
"We're trying to work it through. We are getting there. We want to
minimize the number of buildings, quite frankly, so that it's not
so fragmented," said Taylor.
"I envision splitting up Teaticket students by grade, possibly
with preschoolers, kindergartners, and first-graders going to one
location and grades two through four going to another," she said.
"But the final plan will depend on building size and
transportation logistics."
"It's just looking like chaos right now," said parent Danielle
Huckemeyer whose children would be sent to separate schools. "If
they have to go to another school and get another teacher and new
classes, (will they) then get split up from the kids they've known
for two months to uproot them again and switch them to Teaticket?
It is frustrating."
Another parent, Philip Alfonso, wonders, "Was it [asbestos]
wrapped around a piling or was it in duct work? Could it have been
going through the vents into kids' lungs? There are so many
unanswered questions. I already have a gut feeling that it's going
to be a 'no comment' or 'not sure' situation."
School officials, the Department of Environmental Protection, the
Department of Labor Standards, and the environmental and abatement
contractors reviewed the asbestos removal plans earlier this week.
The cost has not been determined yet.
*********
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