/raid1/www/Hosts/bankrupt/CAR_Public/170210.mbx
C L A S S A C T I O N R E P O R T E R
Friday, February 10, 2017, Vol. 19, No. 30
Headlines
114 KENMARE ASSOC: Faces "Ramirez" Suit Over Failure to Pay Wages
333 BAYVILLE AVENUE: Violates NY Labor Laws, "Maor" Suit Alleges
421 KENT DEVELOPMENT: Wonder Works Sues Over Foreclosure Lien
A+CARE SOLUTIONS: Faces "Woods" Suit Over Unpaid Overtime
ABEONA THERAPEUTICS: Faces "Reilly" Securities Suit in New York
AIR & LIQUID: Faces "Bennett" Suit Over Asbestos-Related Injury
AON HEWITT: Accused of Wrongful Conduct Over Retirement Plan
APPLIANCE REPAIR: Ellison Alleges Violation of Cal. Labor Law
APPLIED MICRO: Faces "Shah" Suit Over Proposed Macom's Merger
ARIAD PHARMACEUTICALS: Faces "Baumann" Securities Suit in Mass.
ARIAD PHARMACEUTICAL: Faces "Pirouz" Suit Over Sale to Takeda
ARIAD PHARMACEUTICAL: Faces "Ventrice" Suit in Over Sale to Takeda
AVALONBAY COMMUNITIES: Hawkins Alleges Cal. Labor Code Violations
B-BUDA LLC: Faces "Ramirez" Suit Over Unpaid OT Pay
BALL UP: "Guerra" Suit Seeks to Recover Unpaid Overtime Wages
BANC OF CALIFORNIA: Malak Alleges Securities Law Violations
BANC OF CALIFORNIA: Faces "Cardona" Suit Over Galanis Ties
BARRIERE CONSTRUCTION: "Riojas" Suit Seeks to Recover Unpaid OT
BEENVERIFIED INC: Violates Illinois Publicity Act, Vinci Says
BKB CONSTRUCTION: Calderon Alleges Violations of Cal. Labor Code
BLACKWATER PROTECTION: Hilaire Seeks Payment of Wages & Overtime
BLONDER BUILDERS: Faces "Ramirez" Suit Over Failure to Pay OT
BT GROUP: Faces "Christian" Securities Class Action in N.J.
BUY BUY BABY: Faces "Lenard" Wage & Hour Lawsuit
CALAMOS PARTNERS: "Lerman" Suit Sues Over Proposed Buyout
CATALINA HOTEL: "Valencia" Suit Seeks to Recover Unpaid OT Wages
CHICAGO, IL: Street & Sanitation Dept Faces "Dombrowski" Suit
CHICAGO PARKING: Sued Over Deceptive ParkChicago Application
CHO FAMILIA: Faces "Iturbide" Suit Under FLSA, NY Labor Law
COMPASSIONATE HOMECARE: Fails to Pay Employees OT, Suit Claims
COMPREHENSIVE SECURITY: Faces "Adkerson" Suit Over Unpaid OT
CONAGRA BRANDS: McFaddin Sues Over Fleischmann's Health Claims
CONDUSTRIAL INC: Faces "Turner" Suit Over Unpaid Wages and OT Pay
CONTINENTAL KITCHENS: Faces "Warren" Suit Over Failure to Pay OT
CORPORATE FACILITIES: RAM Interiors Sues Over Breach of Contract
CUBA TOBACCO: Faces "Prada" Suit Over Failure to Pay Overtime
DELI MANAGEMENT: Faces "Benton" Suit Over Failure to Pay Wages
DEPORTES MEDIA: "MESA" Lawsuit Seeks to Recoup Pay Under FLSA
DIAMOND RESORTS: "Johnson" Suit Seeks Payment of Wages and OT Pay
DISCOUNT COURIER: Faces "Lake" Suit Over Failure to Pay Wages
DURKEE DRYAGE: Faces "McLain" Suit Over Cal. Labor Code Violation
DUTY FREE: Faces "Sturkey" Suit Over Alleged Contract Breach
ELITE PALACE: "Shulepov" Suit Seeks to Recover Overtime Pay
ENERGY TRANSFER: Faces "Epstein" Suit Over Sunoco Merger
EVERALBUM INC: Users Not Getting 1000 GB Storage, Pratt Alleges
FCA US LLC: "Walker" Suit Alleges Emission Test Cheating
FCA US LLC: "Beck" Suit Complains of Defect in Gear Shifter System
FINCA FOODS: Overtime Wages Sought in "Torres" Labor Suit
FLEETWOOD ALUMINUM: Faces "Hauser" Suit Over Wages and OT Pay
FOUGERA PHARMACEUTICALS: Faces Suit Over Econazole Price-Fixing
FOUGERA PHARMACEUTICALS: Trust Fund et al. Allege Price Fixing
GENWORTH FINANCIAL: Faces "James" Suit Over Asia Pacific's Merger
GOLDLYN LLC: Faces "Maldonado" Suit Over Failure to Pay OT Pay
INSTANT CHECKMATE: "Dobrowolski" Suit Alleges Deceptive Practices
JMN DELI: Faces "Jimenez" Suit Alleging Violations of FLSA
JPMORGAN CHASE: "Beach" Suit Alleges ERISA Violation
KEN GARFF AUTOMOTIVE: Foscue Alleges Cal. Labor Law Violations
LANNET CO: Trust Fund Suit Alleges Levothyroxine Price-Fixing
LANNETT CO: American Federation Sues Over Levothyroxine Prices
LANNETT CO: US May Intervene in Digoxin and Doxycycline Suit
LANNETT CO: 7 Class Suits Filed Over Levothyroxine Price-Fixing
LANNETT CO: Faces New Jersey Suit over Ursodiol Price-Fixing
LATTICE SEMICONDUCTOR: Sued Over Proposed Canyon Bridge Merger
LEVEL 3: Faces "Muresan" Suit Over Proposed Sale to CenturyLink
LIONBRIDGE TECHNOLOGIES: Faces "Kay" Suit Over Sale to H.I.G.
LUOYANG UNCLE: "Yang" Suit Seeks Overtime, Spread of Hours Pay
MALLINCKRODT PLC: "Patel" Seeks Damages Over Share Price Drop
MILLER HEALTHCARE: "Brown" Suit Seeks Payment of Wages and OT Pay
MISE EN PLACE: "Rogers" Suit Seeks Payment of Overtime Wages
MYLAN INC: Teamsters Fund Files Suit for Clomipramine Price-fixing
NEW GREEN: "Zarate" Suit in N.Y. Seeks to Recover Unpaid Wages
NIGHT OWL: "Pucha" Suit Seeks to Recover Unpaid Overtime Wages
NOVA MUD: Faces "Weaks" Suit Over Unpaid Wages and Overtime
OBK CENTER: Faces "Karimov" Suit Over Failure to Pay OT Wages
OCHO RIOS-MIAMI: "Mora" Suit Seeks Damages for Unpaid OT Wages
PACIFIC COAST: Thomas Alleges Violation of California Labor Laws
PIE SQUARED: Faces "Williams" Seeks Payment Over Wages & OT
PIXARBIO CORP: Faces "Allen" Securities Action in N.J.
POINT SECURITY: Faces "Vega" Suit Over Failure to Pay Wage & OT
POWERSCOUT INC: "Stacy" Class Suit Removed to South. Dist. Calif.
REPUBLIC SERVICES: "Villareal" Suit Seeks to Recover Unpaid Wages
PROFESSIONAL AUTO: Randall Alleges Cal. Labor Laws Violation
QUALCOMM INC: Boardsports Sues Over Baseband Processor Prices
QUALCOMM INC: Faces "Mackay" Suit Over Baseband Processor Prices
QUALCOMM INC: Faces "Miller" Suit Over Baseband Processor Prices
QUALCOMM INC: Faces Benad et al. Antitrust Suit Over Chipsets
QUALCOMM INC: Sued in Cal. Over Modem Chipsets Monopoly
QUALCOMM INC: "Feenstra" Suit Alleges Securities Act Violations
SIOUX HONEY: Faces "Tran" Suit Over 100% Pure, Natural Label
SOUTHWEST WATER: "Agredano" Seeks Payment of Minimum Wage and OT
SPECIAL TOUCH: Najmiev Alleges New York Labor Law Violation
STEIN MART: Faces "Morales" Suit Over False Discounts
STILLWATER MINING: Faces "Assad" Suit Over Sibanye Merger
STINGRAY PRESSURE: "Crosby" Alleges Employee Misclassification
SUPERIOR ELECTRICAL: Faces "Harris" Suit Over Wages and OT Pay
SWIFT KNITTING: Faces "Bisono" Suit Over Unpaid Wages and OT Pay
TELENAV INC: March 2 Hearing on Motion to Dismiss Class Suit
TELENETWORK: "Phillips" Seeks Overtime Pay for Unlogged Work Hours
TG THERAPEUTICS: Faces "Wyzgoski" Suit Over Securities Action
TIME WARNER: Supplements Proxy Statement Amid Merger Suits
TRANSDEV SERVICES: Violates Cal. Labor Laws, "Scott" Suit Alleges
TRI-AXLE: Faces "Swafford" Suit Over Failure to Pay Drivers' OT
TROP INC: Faces "Andino" Suit Seeking to Recoup Wages Under FLSA
TRUE BLUE: Faces "Anfinson" Suit Under FLSA, Florida Laws
TSI LOGISTICS: "Albury" Suit Over Unpaid Overtime Pay
UBS FINANCIAL: "O'Brien" Action Seeks Payment of Wages
UGI CORP: Motion for Written Opinion and Rehearing Still Pending
UGI CORP: 8th Cir. Appeal by Indirect Buyers Ongoing
UNIGROUP INC: "Judge" Labor Lawsuit Transferred to M.D. Fla.
UNION PACIFIC: Motion for Class Certification Underway
UNITED STATES: Dept of Homeland Security Faces "Azis" Suit
UNIVERSAL AMERICAN: Sued in Del. Over Proposed Sale to WellCare
USA TRANSPORTATION: "Moutrey" Suit Seeks Overtime Pay, Damages
VASCULAR SOLUTIONS: Sued in Minn. Over Proposed Teleflex Merger
WESTERN REFINING: Faces "Shomberg" Suit Over Teroso Merger
WESTERN UNION: "Herman" Suit Alleges Securities Act Violations
WONG CHONG'S: "Santos" Suit Seeks to Recover Unpaid Wages
WORLDWIDE FLIGHT: Portillo Alleges Cal. Labor Code Violations
Asbestos Litigation
ASBESTOS UPDATE: Cal. App. Ct. Junks "Take Home" Suit
ASBESTOS UPDATE: Trane Ordered to Produce Rep. in "Storer"
ASBESTOS UPDATE: Insurer Has No Duty Towards Worker
ASBESTOS UPDATE: Grinnell Dropped as Defendant in "Nesslein"
ASBESTOS UPDATE: Libby Victim's Suit Remanded to State Court
ASBESTOS UPDATE: Travelers Directed to Produce Insurance Files
ASBESTOS UPDATE: IPC, Owens Win Summary Judgment vs. All Craft
ASBESTOS UPDATE: Company Develops Database for Defense Attys
ASBESTOS UPDATE: Heirs Awarded EUR30,000 in Moral Damages
ASBESTOS UPDATE: Man Dies 50 Yrs After Playing in Asbestos
ASBESTOS UPDATE: Steptoe & Johnson Comments on Exposure Ruling
ASBESTOS UPDATE: AG Slaps Asbestos Co. in Brookline with Fine
ASBESTOS UPDATE: Asbestos Cleanup Begins After Oregon Explosion
ASBESTOS UPDATE: EPA May Not Issue Asbestos Warning for 3 Years
ASBESTOS UPDATE: Asbestos Spy Infiltrates Workers' Groups
ASBESTOS UPDATE: Asbestos Disease Peak Coming in 2020
ASBESTOS UPDATE: Asbestos Found at Basildon Waste Plant
ASBESTOS UPDATE: Gatineau's Centre Sportif Closed Over Asbestos
ASBESTOS UPDATE: Asbestos Removal Project Completed in Davidson
ASBESTOS UPDATE: Traces of Asbestos Found at War Memorial
ASBESTOS UPDATE: Family Searches for Answers After Mum's Death
ASBESTOS UPDATE: Widow Takes on Legal Battle with ICI
ASBESTOS UPDATE: Exeter Mum Dying From Asbestos Disease
ASBESTOS UPDATE: Asbestos Won't Need Separated at 1 Landfill
ASBESTOS UPDATE: Mother Says Cancer Caused by Husband's Overalls
ASBESTOS UPDATE: Mesothelioma Deaths in Ireland to Double by 2020
ASBESTOS UPDATE: Atty, Filmmaker Not Allowed to View Testimony
ASBESTOS UPDATE: Workers Finish Covering Asbestos at Old Mill
ASBESTOS UPDATE: Halliburton Charged $54MM to Settle Class Suit
ASBESTOS UPDATE: Travelers Has $1,326MM Reserves at Dec. 31
ASBESTOS UPDATE: Columbus McKinnon Expects Up to $7.4MM Liability
ASBESTOS UPDATE: Columbus McKinnon Unit Has $1.121MM Liability
ASBESTOS UPDATE: Dow Chemical Charges $1B for Defense Costs
ASBESTOS UPDATE: Ashland Global Has $406MM Reserves at Dec. 31
ASBESTOS UPDATE: Hercules Has $318MM Asbestos Reserves at Dec. 31
ASBESTOS UPDATE: Ashland Global Expects Up to $1.1B Legal Costs
ASBESTOS UPDATE: H.B. Fuller Records $1.4MM Settlement Amount
ASBESTOS UPDATE: Crane Co. Had 36,052 Pending Claims at Dec. 31
ASBESTOS UPDATE: Crane Co. Incurs $73.5MM for Settlement, Defense
ASBESTOS UPDATE: Crane Co. Records $227MM Additional Liability
ASBESTOS UPDATE: Crane Co. Awaits Ruling in "Nelson" at Dec. 31
ASBESTOS UPDATE: Crane Co. Pays $0.6MM to Settle "Vinciguerra"
ASBESTOS UPDATE: Crane Co. Seeks Review of Ruling in "Peraica"
ASBESTOS UPDATE: Crane Co. Settles "Holdsworth"
ASBESTOS UPDATE: Rockwell Automation Still Faces Suits at Dec. 31
*********
114 KENMARE ASSOC: Faces "Ramirez" Suit Over Failure to Pay Wages
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Adrian Ramirez, Plaintiff, on behalf of himself and others
similarly situated v. 114 Kenmare Associates, LLC d/b/a La
Esquina, Esquina NYC 200W55 LLC, Corner Deli Management, LLC 225
Wythe Restaurant Associates, LLC and Derek Sanders, Defendants,
Case No. 150896 (N.Y. Sup. Ct., New York County, January 26, 2017)
seeks compensation for unpaid wages and breach of contract.
The Plaintiff alleges that the Defendants did not pay Plaintiff
his increased salary or his one-time of $10,000 bonus.
On January 3, Defendant Sanders terminated Plaintiff in relation
to his complaint about not being paid properly.
Plaintiff Adrian Ramirez was employed by Defendants as an
executive chef for La Esquina restaurants from about January 2015
through early January 2016.
Defendant 114 Kenmare Associates, LLC operates La Esquina
Restaurant in SoHo, Manhattan.
The Plaintiff is represented by:
D. Maimon Kirschenbaum, Esq.
Joseph & Kirschenbaum LLP
32 Broadway, Suite 601
New York, NY 10004
Tel: (212) 688-5640
Fax: (212) 688-2548
333 BAYVILLE AVENUE: Violates NY Labor Laws, "Maor" Suit Alleges
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Marshall Maor, Plaintiff, individuall and, on behalf of others
similarly situated v. 333 Bayville Avenue Restaurant Corp. d/b/a
The Crescent Beach Club, James Scoroposki and any oter related
entities, Defendants, Case No. 600595 (N.Y. Sup. Ct., Nassau
County, January 23, 2017), is brought against the Defendants to
recover unlawfully retained tips and gratuities owed to Plaintiff
and other similarly situated person who are presently or were
formerly employed as service employees including workers as wait
staff, waiters, servers, captains, bussers, bartenders, food
runners, maitre d's bridal attendants and in various other related
customarily-tipped traders in violation of New York Labor Law.
Defendants are engaged in restaurant and catering services.
The Plaintiff is represented by:
Breu R. Cohen, Esq.
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old County Road, Suite 347
Carle Place, NY 11514
Tel: (516) 873-9550
421 KENT DEVELOPMENT: Wonder Works Sues Over Foreclosure Lien
-------------------------------------------------------------
Wonder Works Construction Corp., Plaintiff, on behalf of
themselves and as a representative for all others who may be
deemed Beneficiaries of a certain Trust created pursuant to Lien
Law Article 3-A v. 421 Kent Development, LLC, XIN Development
Group International, Inc., XIN Development Management East, LLC
d/b/a XIN Development Management, LLC, 421 Kent Development
Holdco, LLC, Xinyuan Real Estate LTD., Fortress Credit Co., LLC,
Anthony's Custome Closets, Inc., Little Ferry Closets LLC,
Resplandecer, Inc. d/b/a R 24/7 Manpower, Top Shelf Electric
Corporation, Universal Services Group, LTD., Cooper Electric
Supply Co., Cardinal Shower Enclosures, Inc. and "John DOE 1"
Through "John Doe 10" and "Jane Doe 1" Through "Jane Doe 10", said
parties being Corporate Officers and/or Directors and/or Members
of 421 Kent Development, LLC, whose names are unknown to
Plaintiff, Defendants, Case No. 650382 (N.Y., New York County,
January 24, 2017), seeks damages arises from breach of contract
and there is due and owing to Plaintiff an amount not less than
$19,345,573.89.
The Plaintiff alleges that, as of the date of that wrongful
termination, Wonder Works was entitled to an amount not less than
$158,499,592.30 per its Contract, but had received partial payment
therefore by Owner in the sum of $139,154,018.56. Accordingly, the
sum of $19,345,573.89 still remains due and owing to Wonder Works
from Owner, no part of which has been paid despite being duly
demanded of Owner by Wonder Works. As of the date of this
complaint, Wonder Works continues to perform its due diligence to
obtain information from its subcontractors, vendor and suppliers
and calculate the additional monies earned by Wonder Works under
the Contract prior to the wrongful termination.
The Plaintiff is represented by:
Jeremy Kalina, Esq.
Tunstead & Schechter
500 North Broadway, Suite 101
Jericho, NY 11753
Tel: (516) 822-4400
A+CARE SOLUTIONS: Faces "Woods" Suit Over Unpaid Overtime
---------------------------------------------------------
Chelsea Woods, Plaintiffs, Individually and on behalf of all other
similarly situated current and former employees v. A+care
Solutions, Inc. and Antonio White, Defendants, Case No. 2:17-cv-
02045 (W.D. Tenn., January 24, 2017), seeks overtime compensation
for all hours worked over 40 each workweek.
A+ is a home care services firm providing in-home assisted living
services to elderly and disabled individuals in Memphis and
Jackson, Tennessee.
The Plaintiff is represented by:
James M. Allen, Esq.
Allen Law Firm, PLLC
212 Adams Avenue
Memphis, TN 38103
Tel: 901-321-0731
Email: jim@jmallenlaw.com
- and -
Lee A. Filderman, Esq.
Law Office of Lee A. Filderman
200 Jefferson Avenue
Suite 1500
Memphis, TN 38103
Tel: 901-523-9100
Email: fildermanlaw@gmail.com
- and -
Edward M. Bearman, Esq.
Law Office of Edward M. Bearman
780 Ridge Lake Blvd., Suite 202
Memphis, TN 38120
Tel: 901-682-3450
Email: ebearman@jglawfirm.com
ABEONA THERAPEUTICS: Faces "Reilly" Securities Suit in New York
---------------------------------------------------------------
Abeona Therapeutics, Inc. said in its Form 8-K Report filed with
the Securities and Exchange Commission on February 2, 2017, that
the Company is facing a shareholder class action lawsuit alleging
that the defendants made false or misleading statements including
with respect to two of the Company's gene therapy programs.
The Company says, "On December 16, 2016, a purported shareholder
of the Company commenced a putative class action lawsuit in the
United Stated District Court for the Southern District of New York
captioned David Reilly v. Abeona Therapeutics Inc., et al., Civil
Action No. 1:16-cv-09730 (the "Complaint"). The plaintiff seeks
to represent a class of: (i) all persons or entities who purchased
or acquired the Company's securities from March 31, 2015 to June
19, 2015; and (ii) all persons or entities who purchased or
acquired the Company's securities from June 22, 2015 to December
9, 2016. The Complaint seeks certification of the action as a
class action, certification of the plaintiff as a representative
of the class and its counsel as class counsel, and an award of
damages, interest, and attorneys' fees. The Complaint alleges that
the Company and two of its officers violated Section 10(b) of the
Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-
5 promulgated thereunder, and that the officer defendants further
violated Section 20(a) of the Exchange Act. The Complaint alleges
that the defendants made false or misleading statements including
with respect to two of the Company's gene therapy programs.
Management believes that the Company has meritorious defenses and
intends to defend this lawsuit vigorously."
Abeona Therapeutics is focused on developing and delivering gene
therapy and plasma-based products for severe and life-threatening
rare diseases.
AIR & LIQUID: Faces "Bennett" Suit Over Asbestos-Related Injury
---------------------------------------------------------------
David Paul Bennett and Naomi Bennett, Plaintiffs v. Air & Liquid
Systems Corporation, a/k/a Buffalo Pumps, Inc., Armstrong
International, Inc., CBS Corporation, a Delaware Corp. //k/a
Viacom Inc., Successor by Merger to CBS Corp. a Pennsylvania
Corp., f/k/a Westinghouse Electric Corp., Certainteed, Corp.,
Cleaver-Brooks Inc., f/k/a Cleaver Brooks, a Division of Aqua-
Chem, Crane Co., Foster Wheeler Energy Corporation, FMC
Corporation individually & As Successor to Northern Pump Company,
Coffin, Chicago Pump Company, General Electric Company, Goulds
Pumps, Inc., Grinnell LLC, f/k/a Grinnell Corporation, Sued
Individually and as Successor in Interest to Grinnell Fire
Protection Systems Company, Inc., IMO Industries Co., Individually
& as Successor in interest to Delaval Steam Turbine Co., ITT
Industries Inc., Individually and as Successor to Bell & Gossett
Company, Union Carbide Corp. Warren Pumps, LLC and Does 1-500
Inclusive, Defendants, Case No. BC648038 (Cal. Super. Ct., Los
Angeles County, January 24, 2017), is a class action arising from
alleged exposure to asbestos and asbestos-containing products.
Plaintiffs assert that progressive lung disease, cancer and other
serious diseases are caused by inhalation of asbestos fibers
without perceptible trauma and that said disease results from
exposure to asbestos-containing products over a period of time.
The Defendants and their "alternate entities," were and are
engaged in the business of researching, manufacturing,
fabricating, designing, modifying, labeling, instructing,
assembling, distributing, leasing, buying, offering for sale,
supplying, selling, inspecting, servicing, installing, contracting
for installation, repairing, marketing, warranting, rebranding,
manufacturing for others, packaging and advertising a certain
product, namely asbestos and other products containing asbestos.
The Plaintiff is represented by:
Tammy Barcenilla, Esq.
Randa Farid Ezzat, Esq.
NAPOLI SHKOLNIK, PLLC
525 South Douglas Street, Suite 260
El Segundo, CA 90245
Tel: (310) 331-8224
Fax: (310) 582-5290
AON HEWITT: Accused of Wrongful Conduct Over Retirement Plan
------------------------------------------------------------
Cheryl Scott, on behalf of herself, the Caterpillar 401(k)
Retirement Plan, and all similarly situated v. AON Hewitt
Financial Advisors, LLC; Hewitt Financial Services, LLC; Hewitt
Associates, LLC d/b/a AON Hewitt, Case No. 1:17-cv-00679 (N.D.
Ill., January 27, 2017), arises out of the Defendants' breach
their duties of loyalty under the Employee Retirement Income
Security Act, specifically by devising an arrangement with
Financial Engines for the purpose of collecting and paying to the
Defendants unreasonable and excessive fees for services provided
by Financial Engines, at the expense of Caterpillar 401(k)
Retirement Plan participants and the Plan and Plans generally, and
charging unreasonable and excessive fees for the services provided
to Financial Engines in connection with Financial Engines'
investment advice program.
The Defendants are in the business of providing investment
advisory, financial planning, benefits counseling and financial
education services.
The Plaintiff is represented by:
Suyash Agrawal, Esq.
MASSEY & GAIL LLP
50 E. Washington Street, Suite 400
Chicago, IL 60602
Telephone: (312) 283-1590
E-mail: sagrawal@masseygail.com
- and -
Todd S. Collins, Esq.
Shanon J. Carson, Esq.
Ellen T. Noteware, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103-6365
E-mail: tcollins@bm.net
scarson@bm.net
enoteware@bm.net
- and -
Garrett W. Wotkyns, Esq.
John J. Nestico, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP
8501 N. Scottsdale Rd., Suite 270
Scottsdale, AZ 85253
Telephone: (480) 428-0145
E-mail: gwotkyns@schneiderwallace.com
jnestico@schneiderwallace.com
- and -
Todd Schneider, Esq.
Mark Johnson, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP
180 Montgomery Street, Ste. 2000
San Francisco, CA 94104
Telephone: (415) 421-7100
E-mail: tschneider@schneiderwallace.com
mjohnson@schneiderwallace.com
APPLIANCE REPAIR: Ellison Alleges Violation of Cal. Labor Law
-------------------------------------------------------------
Tamara Ellison, Plaintiff, on behalf of herself, all others
similarly situated and the general public v. The Appliance Repair
Doctor LLC, a California Limited Liability Company and Does 1
through 100, inclusive, Defendants, Case No. RG17846493 (Cal.
Super. Ct., Alameda County, January 23, 2017), seeks damages for
Defendants' alleged failure to compensate for all hours worked,
failure to pay overtime wages, failure to pay minimum wage,
failure to provide meal and rest periods, failure to maintain
accurate records, failure to furnish wage and hour statement,
failure to pay final wages on time, unlawful retaliation in
violation of public policy, wrongful termination in violation of
public policy, discrimination and harassment, failure to prevent
and investigate discrimination and harassment, intentional
infliction of emotional distress, negligence, breach of contract,
breach of the implied covenant of good faith and fair dealing and
unfair business practices in violation of California Labor Law.
The Plaintiff worked as a dispatcher for Defendants. Among other
things scheduled repair appointments, answered customer service
inquiries and paid bills.
Defendants provide repair services for appliances such as
refrigerators, furnaces and dishwashers and also provides repair
services for heating, ventilation and air conditioning ("HVAC")
systems.
The Plaintiff is represented by:
Tracy T. Scanlan, Esq.
Stephen Noel Ilg, Esq.
Frank J. Zeccola, Esq.
ILG Legal Office, P.C.
1001 Bayhill Drive, 2nd Floor
San Bruno, CA 94066
Tel: (415) 580-2574
Fax: (415) 735-3453
Email: silg@ilglegal.com
tscanlan@ilglegal.com
fzeccola@ilglegal.com
APPLIED MICRO: Faces "Shah" Suit Over Proposed Macom's Merger
-------------------------------------------------------------
Daven Shah, Plaintiff, individually and on behalf of all others
similarly situated v. Applied Micro Circuits Corporation, Cesar
Cesaratto, Paul R. Gray, Fred Shlapak, Robert F. Sprouli, Duston
Williams, Paramesh Gopi and Christopher Zepf, Defendants, Case No.
3:17-cv-00151-RS (N.D. Cal., January 12, 2017), is brought on
behalf of all public stockholders of Applied Micro, and seeks to
enjoin the proposed transaction in which Macom will acquire each
outstanding share of Applied Micro common stock through a flawed
process and inadequate consideration.
The Plaintiff says that the recommendation statement omits
material information with respect to the process and events
leading up to the proposed transaction, as well as the opinions
and analyses of AppliedMicro's financial advisors. This omitted
information, if disclosed, would significantly alter the total mix
of information available to AppliedMicro's stockholders.
The Plaintiff is represented by:
Rosemary M. Rivas, Esq.
Finkelstein Thompson LLP
One California Street, Suite 900
San Francisco, CA 94111
Tel: (415) 398-8700
Fax: (415) 398-8704
Email: rrivas@finkelsteinthompson.com
- and -
Daniel Kuznicki, Esq.
Brower Piven, APC
475 Park Avenue South, 33rd Floor
New York, NY 10016
Tel: (212) 501-9000
ARIAD PHARMACEUTICALS: Faces "Baumann" Securities Suit in Mass.
---------------------------------------------------------------
Stepahie Baumann, Plaintiff, individually and on behalf of all
similarly situated v. Ariad Pharmaceuticals, Inc., Paris
Panayiotopoulos, Alexander J. Denner. George W. Bickerstaff, III,
Jules Haimovitz, Anna Protopapas, Norbert Riedel, Sarah J.
Schlesinger, Takeda Pharmaceutical Company, Ltd. And Kiku Merger
Co., Inc., Defendants, Case No. 1:17-cv-10153 (D. Mass., January
28, 2017) is brought on behalf of all public stockholders of Ariad
Pharmaceuticals, Inc., to enjoin the proposed transaction in which
Takeda's will acquire each outstanding share of Ariad common stock
through a flawed process and inadequate consideration.
The Complaint alleges that the Defendants made materially
incomplete and misleading statements and/or omitted material
information necessary to make the statements made not misleading.
Each of the individual Defendants, by virtue of their roles as
officers and/or directors of Ariad, were aware of the omitted
information but failed to disclose such information.
Ariad is a biotechnology company focused on discovering,
developing and commercializing precision therapies for patients
with rare cancers.
The Plaintiff is represented by:
Stephanie A. Bartone, Esq.
Shane T. Rowley, Esq.
Ashling M. Soares, Esq.
Levi & Korsinsky, LLPP
733 Summer Street, Suite 304
Stamford, CT 06901
Tel: (212) 363-7500
ARIAD PHARMACEUTICAL: Faces "Pirouz" Suit Over Sale to Takeda
-------------------------------------------------------------
Vida Pirouz, on behalf of herself and all others similarly
situated v. ARIAD Pharmaceuticals, Inc., Paris Panayiotopoulos,
Alexander J. Denner, George W. Bickerstaff, III, Jules Haimovitz,
Anna Protopapas, Norbert G. Riedel, and Sarah J. Schlesinger, Case
No. 1:17-cv-10152 (D. Mass., January 28, 2017), is brought on
behalf of all public stockholders of ARIAD Pharmaceuticals, Inc.,
to enjoin the expiration of a tender offer on a proposed
transaction, pursuant to which Ariad will be acquired by Takeda
Pharmaceutical. Under the terms of the Merger Agreement, Takeda
will acquire all outstanding shares of Ariad for $24.00 in cash
per share of Ariad's common stock.
Ariad Pharmaceuticals, Inc. is a biotechnology and pharmaceutical
company focused on creating new medicines to advance the treatment
of rare forms of chronic and acute leukemia, lung cancer and other
rare cancers.
Takeda Pharmaceutical operates a pharmaceutical company
headquartered in Osaka, Osaka Prefecture, Japan.
The Plaintiff is represented by:
Mitchell J. Matorin, Esq.
MATORIN LAW OFFICE, LLC
18 Grove Street, Suite 5
Wellesley, MA 02482
Telephone: (781) 453-0100
E-mail: mmatorin@matorinlaw.com
- and -
Richard A. Acocelli, Esq.
Michael A. Rogovin, Esq.
Kelly C. Keenan, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Telephone: (212) 682-3025
Facsimile: (212) 682-3010
E-mail: racocelli@weisslawllp.com
mrogovin@weisslawllp.com
kkeenan@weisslawllp.com
ARIAD PHARMACEUTICAL: Faces "Ventrice" Suit in Over Sale to Takeda
------------------------------------------------------------------
Donald D. Ventrice, Jr., individually and on behalf of all others
similarly situated v. ARIAD Pharmaceuticals, Inc., George W.
Bickerstaff, III, Alexander J. Denner, Jules Haimovitz, Paris
Panayiotopoulos, Anna Protopapas, Norbert G. Riedel, Sarah J.
Schlesinger, Takeda Pharmaceutical Company Limited, and Kiku
Merger Co., Inc., Case No. 1:17-cv-10151 (D. Mass., January 28,
2017), arises out of the proposed transaction announced on January
9, 2017, pursuant to which ARIAD Pharmaceuticals, Inc.
will be acquired by Takeda Pharmaceutical Company Limited and Kiku
Merger Co., Inc. through a flawed process and inadequate
consideration in which shareholders of ARIAD will receive $24.00
in cash for each share of ARIAD common stock.
ARIAD Pharmaceuticals, Inc. is a biotechnology and pharmaceutical
company located at 125 Binney Street, Cambridge, Massachusetts
02142.
The Plaintiff is represented by:
Mitchell J. Matorin, Esq.
MATORIN LAW OFFICE, LLC
18 Grove Street, Suite 5
Wellesley, MA 02482
Telephone: (781) 453-010
E-mail: info@matorinlaw.com
- and -
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
995 Old Eagle School Road, Suite 311
Wayne, PA 19087
Telephone: (484) 588-5516
E-mail: rm@maniskas.com
AVALONBAY COMMUNITIES: Hawkins Alleges Cal. Labor Code Violations
-----------------------------------------------------------------
Irene Hawkins, Plaintiff, on behalf of herself and all others
similarly situated v. Avalonbay Communities, Inc., a Maryland
corporation and Does 1 to 100, inclusive, Defendants, Case No.
RG17846815 (Cal. Super. Ct., Alameda County, January 24, 2017), is
brought against the Defendants for failure to pay all wages due to
illegal rounding pursuant to California Labor Code.
Plaintiff worked for Defendants as an hourly-paid employee from
approximately January 2014 to February 5, 2016 in Alameda,
California.
AvalonBay is a Maryland corporation duly organized under the laws
of the state of New York with its principal place of business at
Ballston Tower, Suite 800, 671N Glebe Road, Arlington, Virginia,
22203. It is a real-estate management company involved in the
development, redevelopment, acquisition, ownership and operation
of multifamily residential communities throughout the United
States, including California, Connecticut, District of Columbia,
Florida, Maryland, Massachusetts, New Jersey, New York, Rhode
Island, Texas, Virginia, and Washington.
The Plaintiff is represented by:
Kevin T. Barnes, Esq.
Gregg Lander, Esq.
Law Offices of Kevin T. Barnes
5670 Wilshire Boulevard, Suite 1460
Los Angeles, CA 90036-5664
Tel: (323) 549-9100
Fax: (323) 549-0101
Email: Barnes@kbarnes.com
B-BUDA LLC: Faces "Ramirez" Suit Over Unpaid OT Pay
---------------------------------------------------
Saul E. Ramirez, Plaintiff, and other similarly-situated
individuals v. B-Buda, LLC, B-Buda Boutique Inc., B-Buda Wholesale
Inc., B-Buda Winwood Inc. and Salman Buda, indivudally,
Defendants, Case No. 1:17-cv-20387-UU (S.D. Fla., January 27,
2017) is brought against the Defendant for failure to pay overtime
wages for all time worked in excess of 40 hours in a workweek in
violation of Fair Labor Standard Act.
Defendants are retailers and wholesalers exporting to out of State
destinations and foreign Countries in the Caribbean and Central
America.
Plaintiff was a sales person who handled credit card transaction
and additionally had duties as warehouse employee and prepared
orders to be sent out of state, to domestic and foreign
destinations.
The Plaintiff is represented by:
Zandro E. Palma, Esq.
Zandro E. Palma, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Tel: (305) 446-1500
Fax: (305) 446-1502
Email: zep@thepalmalawgroup.com
BALL UP: "Guerra" Suit Seeks to Recover Unpaid Overtime Wages
-------------------------------------------------------------
Eddie Guerra and Melissa Cary, individually and on behalf of all
others similarly situated v. Ball Up, LLC, Demetrius Spencer, and
Does 1 through 20, inclusive, Case No. BC648417 (Cal. Super. Ct.,
January 27, 2017), is brought against the Defendants for failure
to pay overtime wages in violation of the California Labor Code.
The Defendants own and operate a sports and lifestyle company in
Los Angeles, California.
The Plaintiff is represented by:
Hayes F. Michel, Esq.
KRAICOWSKY MICHEL
1925 Century Park East, Suite 2050
Los Angeles, CA 90067
Telephone: (310) 277-7342
E-mail: hmichel@krakowskymichel.com
BANC OF CALIFORNIA: Malak Alleges Securities Law Violations
-----------------------------------------------------------
Mark Malak, Plaintiff, individually and on behalf of others
similarly situated v. Banc Of California, Inc., Steven A. Sugarman
and James J. McKinney, Defendants, Case No. 8:17-cv-00138 (C.D.
Cal., January 26, 2017), seeks compensatory damages on behalf of
all person who purchased Banc publicly traded securities between
October 29, 2015 and January 20, 2017, inclusive (the "Class
Period") for dissemination of materially false and misleading
information.
The Plaintiff claims that throughout the Class Period, Defendants
violated the federal securities laws by disseminating false and
misleading statements to the investing public. As a result of
Defendants' false statements, Banc's stock traded at artificially
inflated prices during the Class Period, reaching a high of $23.12
per share on August 8, 2016.
Defendant Banc is a financial holding company organized under the
laws of the United States with its principal executive offices
located at 18500 Von Karman Avenue, Suite 1100, Irvine, California
92612.
The Plaintiff is represented by:
David C. Walton, Esq.
Robbins Geller Rudman & Dowd LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Tel: 619-231-1058
Fax: 619-231-7423
Email: davew@rgrdlaw.com
- and -
Frank J. Johnson, Esq.
Phong L. Tran, Esq.
Johnson & Weaver, LLP
600 West Broadway, Suite 1540
San Diego, CA 92101
Tel: 619-230-0063
Fax: 619-255-1856
Email: frankj@johnsonandweaver.com
phongt@johnsonandweaver.com
BANC OF CALIFORNIA: Faces "Cardona" Suit Over Galanis Ties
----------------------------------------------------------
Andres Cardona, Individually and On Behalf of All Others Similarly
Situated, Plaintiff, v. Banc of California, Inc., James J.
McKinney, Ronald J. Nicolas, Jr., and Steven A. Sugarman.
Defendants, Case 2:17-cv-00621-RGK-JPR (C.D. Cal., January 26,
2017), alleges that the Defendants violated the U.S. Securities
and Exchange Act by, among others, making false and/or misleading
statements and/or failing to disclose that the Company and certain
of its executives had ties with Jason Galanis; and these
connections to Galanis, given his prior criminal involvement in
banking fraud, created a significant regulatory risk for the
Company.
Banc of California is a financial holding company, providing
banking and home lending services to individuals and business
across more than 100 offices in California and several other
states.
The Plaintiff is represented by:
Whitney Street, Esq.
BLOCK & LEVITON LLP
610 16th Street, Suites 214-216
Oakland CA 94612
Phone: (415)968-8999
Fax: (617) 507-6020
- and -
Jacob A. Walker, Esq.
Joel A. Fleming, Esq.
BLOCK & LEVITON LLP
155 Federal Street, Suite 400
Boston, MA 02110
Phone: (617) 398-5600
Fax: (617) 507-6020
BARRIERE CONSTRUCTION: "Riojas" Suit Seeks to Recover Unpaid OT
---------------------------------------------------------------
Ricky Riojas, individually and for others similarly situated v.
Barriere Construction Company, LLC, Case No. 2:17-cv-00758 (E.D.
Lo., January 27, 2017), seeks to recover unpaid overtime wages and
other damages pursuant to the Fair Labor Standards Act.
Ricky Riojas was an employee of Barriere.
Barriere Construction Company, LLC is a construction company
headquartered in Metairie, Louisiana.
The Plaintiff is represented by:
Richard J. (Rex) Burch, Esq.
Matthew Parmet, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
mparmet@brucknerburch.com
- and -
Michael A. Josephson, Esq.
FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON
1150 Bissonnet
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: mjosephson@fibichlaw.com
BEENVERIFIED INC: Violates Illinois Publicity Act, Vinci Says
-------------------------------------------------------------
Nicole Vinci, Plaintiff, individually and on behalf of all others
similarly situated v. Beenverified, Inc., a Delaware corporation
d//b/a Peoplelooker, Defendant, Case No. 2017-CH-00992 (Ill. Cir.
Ct., January 23, 2017), seeks damages for Defendant's unlawful
practice of using the names and identities of Illinois resident
without their consent to promote its service in violation of
Illinois Right of Publicity Act.
The Plaintiff assert that Defendants' each and every one of the
advertisements at issue are false and misleading because Been
Verified didn't actually conduct a search of any kind or take any
steps to determine whether it could locate the person it claimed
to find. Instead, it simply used Dynamic Keyword Insertion to copy
the person's full name from the search bar and insert it into its
advertisement.
Defendant is an online service that sells reports about people to
anybody willing to pay for them.
The Plaintiff is represented by:
Ari J. Scharg, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 N. LaSalle St., 13th Floor
Chicago, IL 60654
Tel: 312-589-6370
Fax: 312-589-6378
Email: brichman@edelson.com
ascharg@edelson.com
BKB CONSTRUCTION: Calderon Alleges Violations of Cal. Labor Code
----------------------------------------------------------------
Antonio Calderon, Plaintiff, individually and on behalf of others
members of the general public similarly situated v. BKB
Construction, L.P., an unknown business entity and Does 1 through
100 inclusive, Defendants, Case No. RG17846698 (Cal. Super. Ct.,
Alameda County, January 24, 2017), is brought against the
Defendants for unpaid overtime, rest day period premium and
minimum wages.
Defendant BKB Construction, L.P. is a Single-Family Housing
Construction Companies.
The Plaintiff is represented by:
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
Daniel J. Park, Esq.
Joy D. Llaguno, Esq.
JUSTINE LAW CORPORATION
411 North Central Avenue, Suite 500
Glendale, CA 91203
Tel: (818) 230-7502
Fax: (818) 230-7259
BLACKWATER PROTECTION: Hilaire Seeks Payment of Wages & Overtime
----------------------------------------------------------------
Sebastien Hendrick Hilaire, Plaintiff, and other similarly
situated employees non-exempt security guard v. Blackwater
Protection & Detective Agency, LLC, a Florida Limited Liability
Company and Marta Ortega, Individually, Defendants, Case No.
51539895 (11th Cir. Ct., Miami Dade County, January 24, 2017), is
brought against the Defendant for unpaid overtime and minimum
wages in violation of Fair Labor Standard Act.
Defendant Blackwater Protection & Detective Agency, LLC operates a
security agency.
The Plaintiff is represented by:
Jason S. Remer, Esq.
Brody M. Shulman, Esq.
Remer & Georges-Pierre, PLLC
44 West Flagler Street, Suite 2200
Miami, FL 33130
Tel: (305) 416-5000
Fax: (305) 416-5005
Email: jremer@rgpattorneys.com
bshulman@rgpattorneys.com
BLONDER BUILDERS: Faces "Ramirez" Suit Over Failure to Pay OT
-------------------------------------------------------------
Abelino H. Ramirez, individually and in behalf of all other
persons similarly situated v. Blonder Builders Inc. and Mitchell
Blonder, jointly and severally, Case No. 2:17-cv-00497 (D.N.Y.,
January 29, 2017), is brought against the Defendants for failure
to pay overtime wages in violation of the Fair Labor Standards
Act.
The Plaintiff work for the Defendants as a carpenter.
The Defendants operate a construction business located at A North
Clinton Street, Lindenhurst, New York.
The Plaintiff is represented by:
John M. Gurrieri, Esq.
Brandon D. Sherr, Esq.
Justin A. Zeller, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007-2036
Telephone: (212) 229-2249
Facsimile: (212) 229-2246
E-mail: jmgurrieri@zellerlegal.com
bsherr@zellerlegal.com
jazeller@zellerlegal.com
BT GROUP: Faces "Christian" Securities Class Action in N.J.
-----------------------------------------------------------
James Christian, Plaintiff, individually and on behalf of all
others similarly situated v. BT Group PLC, Gavin Patterson, Ian
Livington and Tony Chanmugam, Defendants, Case No. 2:17-cv-00497
(D. N.J.., January 25, 2017), seeks to recover compensatory
damages on behalf of a class consisting of all person and entities
other than Defendants and their affiliated who purchased or
otherwise acquired the publicly traded securities of BT between
May 24, 2012 and January 20, 2017, both dates inclusive.
The Plaintiff accuse the Defendants made false and/or misleading
statements and/or failed to disclosure that: (1) the Company
misstated its earnings due to improper accounting practices and
improper sales, purchase, factoring and leasing transactions in
its Italian operations; (2) the Company lacked effective internal
controls and (3) as a result, Defendants' statements about BT's
business, operations and prospects were materially false and
misleading and/or lacked a reasonable basis at all relevant times.
The Company's stock fell $5.05 per share or over 20% from its
previous closing price to close at $19.38 per share on January 24,
2017, further damaging investors. According to the complaint, as
a result of Defendants' wrongful acts and omissions and the
precipitous decline in the market value of the Company's common
shares, Plaintiff and other Class members have suffered
significant losses and damages.
Defendant BT provides communications services worldwide.
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
Tel: (973) 313-1887
Fax: (973) 833-0399
Email: lrosen@rosenlegal.com
BUY BUY BABY: Faces "Lenard" Wage & Hour Lawsuit
------------------------------------------------
Marlen Marquis Lenard, Plaintiff, individually and on behalf of
all others similarly situated v. Buy Buy Baby, Inc., a Delaware
corporation and Does 1 through 50, inclusive, Defendants, Case No.
BC648134 (Cal. Super. Ct., Los Angeles County, January 26, 2017),
is brought against the Defendant for failure to provide meal
period, authorized and permit rest periods, pay minimum wages, pay
overtime wages and unlawful business practices pursuant to
California Labor Code.
Buy Buy Baby, Inc. is a chain of stores that sell clothing,
strollers and other items for use with infants and young children.
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Launa Adolp, Esq.
Kayvon Sabourian, Esq.
Matern Law Group, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Tel: (310) 531-1900
Fax: (310) 531-1901
CALAMOS PARTNERS: "Lerman" Suit Sues Over Proposed Buyout
---------------------------------------------------------
Brian Lerman, Plaintiff, individually and on behalf of all others
similarly situated v. John P. Calamos, Sr., John S. Koudounis,
Thomas F. Eggers, Keith M. Schappert, William N. Shiebler, Calamos
Partners LLC and CPCM Acquisition, Inc., Defendants, Case No.
2017-0058 (Del. Ch., January 25, 2017), is brought on behalf of
all public stockholders of Calamos Asset Management, Inc. ("CAM"),
to enjoin a merger transaction in which Acquisition Sub will
acquire the Company's stock at an unfair price at "a cyclical low
point in the Company's stock trading price".
On January 11, 2017, Calamos Asset Management, Inc. (NASDAQ:
CLMS), a publicly traded holding company which currently owns a
minority stake of the investment firm Calamos Investments LLC,
announced that it has executed a definitive agreement to be
acquired by an entity indirectly owned by Mr. John P. Calamos, Sr.
and Mr. John Koudounis. Mr. Calamos is the founder and Global
Chief Investment Officer of Calamos Investments LLC, and CAM's
Chairman. Mr. Koudounis is the Chief Executive Officer of CAM.
The definitive agreement provides for the Acquirer to first
commence a tender offer to acquire all of the outstanding shares
of Class A common stock of CAM for $8.25 per share in cash. The
tender offer will be followed by a second-step merger (pursuant to
Section 251(h) of Delaware's corporations statute), in which any
shares not tendered (other than shares owned by Acquirer, and
shares for which appraisal is properly sought under applicable
law) would be converted into the right to receive the same cash
price as paid in the tender offer.
The Plaintiff asserts that both the Merger Consideration and the
process by which Defendants agreed to the Proposed Buyout are
fundamentally unfair to CAM's public stockholders. Perhaps most
strikingly, the Special Committee formed by the Board to negotiate
with the Controlling Stockholder Defendants (1) failed to secure a
majority-of-the minority voting provision and a minimum tender
condition, despite the fact that the Controlling stockholder
Defendants own and/or control approximately 97.4% of the Company's
voting stock, thereby guaranteeing the consummation of the
Proposed Buyout, (2) fail to ensure all minority stockholders
could receive appraisal and (3) relied on projections created (a)
after the Controlling Stockholder Defendants formed a group to buy
the Company and (b) by management that was led and/or controlled
by the Controlling Stockholder Defendants. Critically, these
projections assumed a market correction in 2018 that made them
unduly pessimistic.
The Plaintiff is represented by:
James R. Banko, Esq.
Michael Van Gorder, Esq.
Faruqi and Faruqi, LLP
20 Montchanin Road, Suite 145
Wilmington, DE 19807
Tel: (302) 482-3182
Fax: (302) 482-3612
Email: jbanko@faruqilaw.com
mvangorder@faruqilaw.com
- and -
Juan E. Monteverde
Monteverde & Associates PC
350 Fifth Avenue, 59th Floor
New York, NY 10118
Tel: (212) 971-1341
Email: jmonteverde@monteverdelaw.com
- and -
Michael J. Palestina, Esq.
Christopher R. Tillotson, Esq.
Kahn Swick & Foti, LLC
206 Covington Street
Madisonville, LA 70447
Tel: (504) 455-1400
Email: Michael.Palestina@ksfcounsel.com
CATALINA HOTEL: "Valencia" Suit Seeks to Recover Unpaid OT Wages
----------------------------------------------------------------
Carlos M. Valencia and other similarly-situated individuals v.
Catalina Hotel, LLC and Nuno Lourenco, Case No. 1:17-cv-20382-DPG
(S.D. Fla., January 27, 2017), seeks to recover unpaid regular and
overtime wages pursuant to the Fair Labor Standards Act.
The Defendants own and operate a hotel in Miami-Dade County,
Florida.
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
CHICAGO, IL: Street & Sanitation Dept Faces "Dombrowski" Suit
-------------------------------------------------------------
Joseph L. Dombrowski, Plaintiff, on behalf of himself and all
others similarly situated v. The City of Chicago, a municipal
corporation, City of Chicago Department of Administrative
Hearings, Patricia Jackowiak, Director, City of Chicago Department
of Administrative Hearings, City of Chicago Department of Street &
Sanitation, Charles L. Williams, Commissioner of City of Chicago
Department of Streets & Sanitation, Defendants, Case No.
2017CH01186 (Ill. Cirt. Ct., January 26, 2017) seeks damages for
violation of due process under Illinois Constitution.
The Complaint says that Plaintiff and the Class are denied due
process of law in violation of the 14th Amendment of the United
States Constitution and Article I, Section 2 of the Illinois
Constitution in that they are not afforded a hearing wherein they
can call, subpoena, examine and cross-examine the complainant and
witnesses, under oath, in defense of themselves.
The Plaintiff is represented by:
Larry D. Drury, Esq.
Larry D. Drury, Ltd.
100 North LaSalle Street
Suite 2200
Chicago, IL 60602
Tel: 312-346-7950
Fax: 312-346-5777
Email: ldd@larrydrury.com
CHICAGO PARKING: Sued Over Deceptive ParkChicago Application
------------------------------------------------------------
Edward Sanchez, on behalf of himself and all other persons
similarly situated v. Chicago Parking Meters, LLC, Laz Parking
Chicago, LLC, The City of Chicago, Illinois, and John Does 1-12,
Case No. 2017CH01351 (Ill. Cir. Ct., January 27, 2017), arises
from the misleading marketing of the Defendants' ParkChicago
application and its failure to perform, giving rise to false
parking tickets, improper fees, penalties and other losses for
users of the application.
Chicago Parking Meters, LLC and Laz Parking Chicago, LLC own,
manage, and lease parking facilities in Chicago.
Chicago Parking Meters, LLC is an Illinois municipal corporation.
The Plaintiff is represented by:
Phillip A. Bock, Esq.
Jonathan B. Piper, Esq.
BOCK, HATCH, LEWIS & OPPENHEIM, LLC
134 N. La Salle St., Ste. 1000
Chicago, IL 60602
Telephone: (312) 658-5500
Facsimile: (312) 658-5555
E-mail: phil@classlawyers.com
jon@classlawyers.com
CHO FAMILIA: Faces "Iturbide" Suit Under FLSA, NY Labor Law
-----------------------------------------------------------
EDGAR ITURBIDE, on behalf of himself, FLSA Collective Plaintiffs
and the Class, v. CHO FAMILIA DYNASTIA, INC. d/b/a FLOR DE MAYO,
FLOR DE MAR, INC. d/b/a FLOR DE MAYO, MARVIN CHU, DENNIS CHU and
NELSON CHO, Defendants, Case No. 1:17-cv-00596 (S.D.N.Y., January
26, 2017), alleges, that pursuant to the Fair Labor Standards Act,
Plaintiff is entitled to recover from Defendants: (1) unpaid
minimum wage, (2) unpaid overtime compensation due to time-
shaving, (3) liquidated damages and (4) attorneys' fees and costs.
Plaintiff further alleges that, pursuant to the New York Labor
Law, he is entitled to recover from Defendants: (1) unpaid minimum
wage, (2) unpaid overtime compensation due to time-shaving, (3)
unpaid spread of hours premium, (4) statutory penalties, (5)
liquidated damages and (6) attorneys' fees and costs.
The suit was filed on behalf of all non-exempt employees,
including cooks, food preparers, dishwashers, cashiers,
hosts/hostesses, porters, bartenders, barbacks, servers, runners,
bussers and delivery persons.
Defendants operate an enterprise comprised of two restaurants
under the common trade name "Flor de Mayo."
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
COMPASSIONATE HOMECARE: Fails to Pay Employees OT, Suit Claims
--------------------------------------------------------------
Anabella Portillo, individually and on behalf of all others
similarly situated v. Compassionate Homecare Inc. and Francis
Kimaru, Case No. 17-02834 (Mass. Cmmw., January 27, 2017), is
brought against the Defendants for failure to pay overtime wages
for work in excess of 40 hours in a workweek.
The defendants operate a home health care company that employs
hundreds of hourly-paid home health care aides providing in-home
care to elderly and infirm clients.
The Plaintiff is represented by:
Raven Moeslinger, Esq.
Nicholas F. Ortiz, Esq.
LAW OFFICE OF NICHOLAS F. ORTIZ, PC
99 High Street, Suite 304
Boston, MA 02110
Telephone: (617)338-9400
E-mail: rm@mass-legal.com
COMPREHENSIVE SECURITY: Faces "Adkerson" Suit Over Unpaid OT
------------------------------------------------------------
Carey Adkerson, Plaintiff v. Comprehensive Security, LLC and Loyd
S. Poteete, Defendants, Case No. 3:17-cv-00184 (M.D. Tenn.,
January 27, 2017) is brought against the Defendants for failure to
pay overtime wages in violation of the Fair Labor Standard Act.
The Complaint says that Defendant willfully violated the FLSA, as
Defendants misclassifies Named Plaintiff and Putative Class
Members as employees exempt from overtime compensation for the
sole purpose of avoiding Defendants' FLSA obligations to their
security guard employees.
The Plaintiff was employed as a security personnel.
The Plaintiff is represented by:
Charles P. Yezbak, III, Esq.
Yezbak Law Offices
2002 Richard Jones Road, Suite B-200
Nashville, TN 37215
Tel: (615) 250-2000
Fax: (615) 250-2020
Email: yezbak@yezbaklaw.com
CONAGRA BRANDS: McFaddin Sues Over Fleischmann's Health Claims
--------------------------------------------------------------
Marjel McFaddin and Mark Beasely, Plaintiffs, on behalf of
themselves and all others similarly situated v. Conagra Brands,
Inc., Defendant, Case No.3:17-cv-00387 (N.D. Cal., January 25,
2017), alleges that the Defendant ConAgra used various marketing
methods to falsely represent Fleischmann's as healthful and not
harmful to the cardiovascular system, but Fleischmann's contained
dangerous levels of PHO and thus trans fat.
The Plaintiff further claims that ConAgra misleading markets
Fleischmann's with health claims. This false advertising deceived
consumers into purchasing a product that is harmful to their
health.
Conagra Brands, Inc. is a Delaware corporation with its principal
place of business at 222 Merchandise Mart Plaza Suite 1300,
Chicago, Illinois 60654.
The Plaintiff is represented by:
Gregory S. Weston, Esq.
Andrew C. Hamilton, Esq.
The Weston Firm
1405 Morena Blvd., Suite 201
San Diego, CA 92110
Tel: (619) 798-2006
Fax: (313) 293-7071
Email: greg@westonfirm.com
Andrew@westonfirm.com
CONDUSTRIAL INC: Faces "Turner" Suit Over Unpaid Wages and OT Pay
-----------------------------------------------------------------
Rachel Turner, Plaintiff, individually and on behalf of all other
similarly-situated individuals v. Condustrial, Inc. d/b/a
Medustrial Healthcare and Staffing Services, Medustrial Healthcare
and Medustrial Healthcare Referral Services, Defendants, Case No.
3:17-cv-00205 (D. S.C., January 23, 2017), seeks unpaid wages and
overtime compensation for all hours worked over 40 each workweek.
Defendants misclassified the Plaintiff as independent contractor,
the complaint says.
The Plaintiff is a licensed practical nurse who Defendant hired
and placed at South Carolina Department of Corrections to provide
medical services to inmates.
The Plaintiff is represented by:
Nekki Shutt, Esq.
Janet Rhodes, Esq.
Callison Tighe & Robinson, LLC
P.O. Box 1390
Columbia, SC 29201-1390
Tel: (803) 404-6900
Fax: (803) 404-6901
Email: nekkishutt@callisontighe.com
janetrhodes@callisontighe.com
CONTINENTAL KITCHENS: Faces "Warren" Suit Over Failure to Pay OT
----------------------------------------------------------------
Barbara Warren, on behalf of herself and all others similarly
situated v. Continental Kitchens, Inc. d/b/a Harry's Continental
Kitchens, and Harold R. Christensen, Case No. 8:17-cv-00222-EAK-
TBM (M.D. Fla., January 27, 2017), is brought against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act.
The Defendants own and operate a restaurant in Manatee County,
Florida.
The Plaintiff is represented by:
Donna V. Smith, Esq.
WENZEL FENTON CABASSA, PA
1110 North Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
Facsimile: (813) 229-8712
E-mail: dsmith@wfclaw.com
rcooke@wfclaw.com
CORPORATE FACILITIES: RAM Interiors Sues Over Breach of Contract
----------------------------------------------------------------
RAM Interiors & Supply Corp., Plaintiff, on its own behalf and on
behalf of all others similarly situated v. Corporate Facilities
Consulting and Management, LLC d/b/a Advanced Construction
Concepts, KRE Broadway Owner, LLC, Ralph Cerulli, personally and
John Doe 1 through "John Doe 10", being fictitious names, the real
names being unknown to the Plaintiffs at this time, and being
intended to designate individuals, corporations, or other legal
entities who are or were recipients of funds diverted from the
Trust described in the complaint, Defendants, Case No. 600685
(N.Y., Nassau County, January 26, 2017), seeks damages for unpaid
consideration of the contract/breach of contract.
The Plaintiff claims that Defendant ACC entered into construction
subcontracts with Ram to provide labor and materials for the
installation of, among others, drywall and framing for Cinnabon,
L'Grand Optical and Robins Jeans Projects and failed to pay for
its work duly performed a total of $152,538.
The Plaintiff is represented by:
Matthew G. Petrosino, Esq.
Welby, Brady & Greenblatt LLP
11 Martine Avenue
White Plains, NY 10606
Tel: (914) 428-2100
Email: mpetrosino@wbgllp.com
CUBA TOBACCO: Faces "Prada" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Luis Alberto Matos Prada, on behalf of himself and all others
similarly situated v. Cuba Tobacco Cigar, Co. a/k/a Tabacalera Las
Villas Cigar, Co., Tabacalera Bello USA, Co., La Casa Del Tabaco
Co., La Casa De La Trova Co., La Zorra Y El Cuervo Inc., and Pedro
D. Bello, Case No. 1:17-cv-20380-UU (S.D. Fla., January 27, 2017),
is brought against the Defendants for failure to pay overtime and
minimum wages for work performed in excess of 40 hours weekly in
violation of the Fair Labor Standards Act.
The Defendants are in the business of making and selling premium
handcrafted Cuban-style cigars.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: (305) 865-7167
E-mail: ZABOGADO@AOL.COM
DELI MANAGEMENT: Faces "Benton" Suit Over Failure to Pay Wages
--------------------------------------------------------------
Nial Benton and Hutton Graham, Plaintiffs, individually and on
behalf of similarly situated person v. Deli Management, Inc. d/b/a
"Jason's Deli", Defendant, Case No. 1:17-cv-00296-WSD (D. Ga.,
January 25, 2017), is brought against the Defendant for unpaid
minimum wage in violation of the Fair Labor Standard Act.
Plaintiff was employed as delivery drivers who use their own
automobiles to deliver food to and/or provide catering services
for Defendant's customers.
Defendant Deli Management, Inc. is a Texas corporation which,
operates a chain of approximately 253 Jason's Deli restaurants,
including restaurants located within the Northern Division of the
District of Maryland.
The Plaintiff was represented by:
Andre Weiner, Esq.
The Weiner Law Firm
3525 Piedmont Road
7 Piedmont Center, 3rd Floor
Atlanta, GA 30305
Tel: (404) 254-0842
Fax: (866) 800-1482
Email: aw@atlantaemployeelawyer.com
- and -
Jack D. McInnes, Esq.
Paul McInnes LLP
601 Walnut, Suite 300
Kansas City, MO 64106
Tel: (816) 984-8100
Fax: (816) 984-8101
Email: mcinnes@paulmcinnes.com
- and -
Mark Potashnick, Esq.
Weinhaus & Potashnick
11500 Olive Blvd., Suite 133
St. Louis, MO 63141
Tel: (314) 997-9150
Fax: (314) 997-9170
Email: markp@wp-attorneys.com
DEPORTES MEDIA: "MESA" Lawsuit Seeks to Recoup Pay Under FLSA
-------------------------------------------------------------
MARIO F. MESA, and other similarly-situated individuals,
Plaintiff(s), v. DEPORTES MEDIA OF FLORIDA, LLC, DEPORTES MEDIA,
LLC a Texas corporation and DAVID F. JACOBS, individually
Defendants, Case No. 1:17-cv-20360-KMW (S.D. Fla., January 26,
2017), seeks to recover money damages for alleged unpaid minimum
and overtime wages pursuant to the Fair Labor Standards Act.
DEPORTES MEDIA is a Spanish language broadcasting company that
operated ESPN Deportes Miami, 1210 AM-WNMA. DEPORTES MEDIA
specialized in sports directed to the Latin community in South
Florida. Plaintiff was hired as news editor for the radio
station.
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
DIAMOND RESORTS: "Johnson" Suit Seeks Payment of Wages and OT Pay
-----------------------------------------------------------------
Ward A. Johnson, Plaintiff, individually and on behalf of all
others similarly situated v. Diamond Resorts International
Marketing, Inc., a California Corporation and Does 1-50,
inclusive, Defendants, Case No. 30-2017-00899850-CU-OE-CXC (Cal.
Super. Ct., Orange County, January 26, 2017), is brought against
the Defendant for failure to pay wages including for overtime
work.
The Plaintiff was employed by the Defendant as a non-exempt driver
employee.
The Plaintiff is represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Tel: (949) 387-7200
Fax: (949) 387-6676
Email: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.om
DISCOUNT COURIER: Faces "Lake" Suit Over Failure to Pay Wages
-------------------------------------------------------------
Adam Lake, Plaintiff, on behalf of himself and all others
similarly situated v. Discount Courier Services, Inc., a
California Corporation, as known as "DCS" Delivery," and Does 1
through 100, inclusive, Defendants, Case No. BC648357 (Cal. Super.
Ct., Los Angeles County, January 26, 2017) is brought against the
Defendants for failure to pay overtime wages, pay all accurate
wages, unlawful misclassification and provide meal periods in
violation of California Labor Law.
Defendant's misclassification of its drivers as independent
contractors is in violations of the California Labor Code, the
Complaint says.
The Plaintiff worked as a driver for the Defendant during August
of 2016.
DCS is a company which provides delivery and courier services of
documents, packages, or other items sent to delivered to DCS
customers through DCS drivers.
The Plaintiff is represented by:
Christopher J. Hamner, Esq.
Amy T. Wootton, Esq.
Hamner Law Offices, APC
555 W. 5th Street, 31st Floor
Los Angeles, CA 90013
Tel: (213) 533-4160
Fax: (213) 533-4167
Email: chamner@hamnerlaw.com
awootton@hamnerlaw.com
DURKEE DRYAGE: Faces "McLain" Suit Over Cal. Labor Code Violation
-----------------------------------------------------------------
Aaron McLain, Plaintiff, on behalf of himself and all others
similarly situated and on behalf of the general public v. Durkee
Dryage Company and Does 1-100, Defendants, Case No. RG17847081
(Cal. Super. Ct., Alameda County, January 26, 2017) is brought
against the Defendants for failure to pay overtime wages, pay all
straight time wages and provide meal periods in violation of
California Labor Law.
Plaintiff and other similar situated who are presently or formerly
employed by the Defendant as hourly truck workers, truck drivers
and drivers.
The Defendants own and operate trucks, industrial trucks,
industrial vehicles and/or industrial work sites.
The Plaintiff is represented by:
William Turley, Esq.
David Mara, Esq.
Jamie Serb, Esq.
The Turley Law Firm, APLC
7428 Trade Street
San Diego, CA 92121
Tel: (619) 234-2833
Fax: (619) 234-4048
DUTY FREE: Faces "Sturkey" Suit Over Alleged Contract Breach
------------------------------------------------------------
Gena Sturkey; Latoya Jones; Corlette Person; Yun Bonilla; Suchet
Guha; Nancy Tarevski; Ping Moceri; Aminat Ahmed; Jie Wu; Junying
Lu; Hexhire Agolli; Lester Berry; Faye Jones; Hazel Hager, in
behalf of all others similarly situated v. Duty Free Americas,
Inc., Case No. 2:17-cv-10221-GCS-APP (D. Mich., January 24, 2017),
arises out of the Defendant's alleged breach of contract,
specifically by failing to pay the Plaintiffs, and other similarly
situated employees, a severance payment equal to one-week of wages
for every year of service if they continued to work for the
Defendant through the end of their contract term.
Duty Free Americas, Inc. operates a network of duty free travel
retail stores.
The Plaintiff is represented by:
Carla D. Aikens, Esq.
CARLA D. AIKENS, P.C.
615 Griswold Street, Suite 709
Detroit, MI 48226
E-mail: carla@aikenslawfirm.com
ELITE PALACE: "Shulepov" Suit Seeks to Recover Overtime Pay
-----------------------------------------------------------
Mikhail Shulepov, Plaintiff, individually and on behalf of all
other persons similarly situated v. Elite Palace LLC, Defendant,
Case No. 150770/2017 (N.Y., New York County, January 24, 2017),
seeks overtime compensation for all hours worked over 40 each
workweek in violation of New York Labor Law.
Plaintiff was performed work as food service employees, including
but not limited to servers and waiters, for Defendant since
January 2011.
The Defendants own and operate a banquet hall and catering
facility located at 69-02 Garfield Avenue, Woodside, New York
11377.
The Plaintiff represented by:
Lloyd R. Ambinder, Esq.
Jack Newhouse, Esq.
Milana Dostanitch, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Tel: (212) 943-9080
Email: lambinder@vandallp.com
ENERGY TRANSFER: Faces "Epstein" Suit Over Sunoco Merger
--------------------------------------------------------
Andrew Epstein, Plaintiff, individually and on behalf of all
others similarly situated v. Energy Transfer Partners, L.P.,
Energy Transfer Partners G.P., L.P., Energy Transfer Partners,
L.L.C., Energy Transfer Equity, L.P., Kelcy L. Warren, Matthew S.
Ramsey, James R. Perry, Marshall S. McCrea, III, Ted Collins, Jr.
Michael K. Grimm and David K. Skidmore, Defendants, Case No. 1:17-
cv-00069 (D. Del., January 25, 2017) is brought on behalf of all
public stockholders of Energy Transfer Partners, to enjoin the
proposed transaction in which Sunoco will acquire each outstanding
share of Energy common stock through a flawed process and
inadequate consideration.
The Plaintiff claims that based on the closing price of ETP's
common unit on November 18, 2016, the last trading day before the
Merger Agreement was announced, this implies a per unit
consideration of approximately $39.29. This Merger Consideration
is inadequate and undervalues the Partnership. After years of
industry-wide drop in energy prices, the Partnership has
consistently improves its operations and earning as reflected in
the Partnership's unit performance. The Merger Consideration does
not value this rebound, which is perhaps best illustrated by the
paltry control premium of approximately 5% to the volume-weighted
average closing price of ETP common units for the five trading
days ended November 18, 2016 percent represented by the implied
Merger Consideration. One week prior to the announcement of the
Merger Agreement, a Credit Suisse analyst set a price target for
ETP unites at $50.00 per unit. Indeed, the market reacted
negatively to the announcement with ETP's unit declining steadily
from $39.29 on November 18, 2016 to around $35.76 on January 20,
2017.
Energy Transfer Partners is a U.S. Fortune 500 natural gas and
propane company, founded in 1995 and headquartered in Dallas,
Texas.
Sunoco is an American petroleum and petrochemical manufacturer
headquartered in Newtown Square, Pennsylvania, United States,
formerly known as Sun Company Inc. and Sun Oil Co.
The Plaintiff is represented by:
James R. Banko, Esq.
Michael Van Gorder, Esq.
FARUQI AND FARUQI, LLP
20 Montchanin Road, Suite 145
Wilmington, DE 19807
Tel: (302) 482-3182
Fax: (302) 482-3612
Email: jbanko@faruqilaw.com
mvangorder@faruqilaw.com
- and -
Juan E. Monteverde
Monteverde & Associates PC
The Empire State Building
350 Fifth Avenue, 59th Floor
New York, NY 10118
Tel: (212) 971-1341
Cell: (305) 205-8284 or (646) 522-4840
Email: jmonteverde@monteverdelaw.com
- and -
James M. Wilson, Jr., Esq.
Faruqi & Faruqi, LLP
685 Third Ave., 26th Fl.
New York, NY 10017
Tel: (212) 983-9330
Fax: (212) 983-9331
EVERALBUM INC: Users Not Getting 1000 GB Storage, Pratt Alleges
---------------------------------------------------------------
Dannt Pratt, Plaintiff, individually and on behalf of all others
similarly situated v. Everalbum, Inc., a Delaware corporation,
Defendant, Case No. 2017-CH-00994 (Ill. Cir. Ct., January 23,
2017), complains of Defendant's unlawful and deceptive marketing
tactics.
The Plaintiff asserts that Defendant offers 1000 GB of Photo
Storage in exchange of allowing it to invite their contacts to
join the app. However as the Ever users that accepted the offer
quickly learned it was entirely misleading for two reasons:
Defendant had no intention of holding up its end of the bargain
and in fact, no user received the "1000 GB" of "Photo Storage"
that it promised and instead of sending mere invitation to the
users' contacts, Defendant sent deceptive advertisements.
Everalbum, Inc. designs and develops a mobile application to
gather phone, desktop, and Facebook photos all in one place that
is accessible by phone, desktop, and tablet.
The Plaintiff is represented by:
Ari J. Scharg, Esq.
Benjamin H. Richman, Esq.
Edelson PC
350 N. LaSalle St. 13th Floor
Chicago, IL 60654
Tel: 312-589-6370
Fax: 312-589-6378
Email: ascharg@edelson.com
brichman@edelson.com
FCA US LLC: "Walker" Suit Alleges Emission Test Cheating
--------------------------------------------------------
Christopher Walker and Betty Lou Rugg, individually, and on behalf
of all others similarly situated, Plaintiffs v. FCA US LLC, a
Delaware Limited Liability Company, Fiat Chrysler Automobiles
N.V., Robert Bosch GMBH, a corporation organized under the laws of
Germany; and Robert Bosch LLC, a Delaware Limited Liability
Company, Defendants, Case No. 3:17-cv-00405, (N.D. Cal., January
26, 2017), seeks to temporarily and permanently enjoin FCA and
Bosch from continuing unlawful, deceptive, fraudulent and unfair
business practices, injunctive relief in the form of a recall or
free replacement program; seeks restitution including recovery of
the purchase price of their affected vehicles, or the overpayment
or diminution in value of such; seeks damages, including punitive
damages, costs and disgorgement, monetary relief under certain
consumer protection statutes, pre- and post-judgment interest on
any amounts awarded, award of costs and attorneys' fees and such
other or further relief as may be appropriate resulting from
fraudulent concealment and various state consumer protection and
trade practices laws and regulations.
Defendants allegedly installed a defeat device that turns on the
emission controls during mandated testing but turns it off during
regular operations thus rendering it non-compliant to emission
standards set by the United States Environmental Protection Agency
and the California Air Resources Board. Bosch allegedly
manufactured and tested the electronic diesel control that allowed
FCA to implement the defeat device.
Walker purchased his 2014 Jeep Grand Cherokee EcoDiesel, on June
14, 2014, from Fields Chrysler Jeep Dodge RAM, a franchised Fiat
Chrysler dealer, located in Glenview, Illinois. Rugg leased her
2015 Dodge RAM 1500 EcoDiesel truck from Tri Star Uniontown, a
franchised Fiat Chrysler dealer located in Uniontown, PA.
FCA US LLC is a limited liability company organized and existing
under the laws of the State of Delaware, and is wholly owned by
holding company Fiat Chrysler Automobiles N.V., a Dutch
corporation headquartered in London, United Kingdom. FCA's
principal place of business and headquarters is in Auburn Hills,
Michigan.
Fiat Chrysler is a motor vehicle manufacturer and a licensed
distributor of new Chrysler, Dodge, Jeep, and Ram vehicles.
Robert Bosch GmbH is a German multinational engineering and
electronics company headquartered in Gerlingen, Germany. It is the
parent company of Robert Bosch LLC.
Plaintiff is represented by:
Francis O. Scarpulla, Esq.
Patrick B. Clayton, Esq.
LAW OFFICES OF FRANCIS O. SCARPULLA
456 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: (415) 788-7210
Facsimile: (415) 788-0706
Email: fos@scarpullalaw.com
pbc@scarpullalaw.com
- and -
Mark F. Anderson, Esq.
ANDERSON, OGILVIE & BREWER
1736 Stockton Street, Ground Floor
San Francisco, CA 94133
Telephone: (415) 651-1951
Facsimile: (415) 500-8300
Email: mark@aoblawyers.com
- and -
Christina Gill Roseman, Esq.
ROSEMAN LAW FIRM
8878 Covenant Avenue, No. 315
Pittsburgh, PA 15237
Telephone: (800) 745-5259
Facsimile: (888) 588-1983
Email: croseman@helpforlemoncars.com
- and -
Scott R. Kaufman, Esq.
KAUFMAN LAW OFFICES
140 Third Street
Los Altos, CA 94022
Telephone: (408) 727-8882
Facsimile: (408) 272-8883
Email: LemonAtty@gmail.com
FCA US LLC: "Beck" Suit Complains of Defect in Gear Shifter System
------------------------------------------------------------------
DONALD J. BECK, on behalf of himself and all others similarly
situated, Plaintiff, v. FCA US, LLC, a Delaware Limited Liability
Company, Defendant, Case No. 5:17-cv-10267-JCO-APP (E.D. Mich.,
January 26, 2017), alleges that Defendant misrepresented, and
concealed a known defect in the gear shifter system of its 2013-
2016 Ram 1500 or 2014-2016 Dodge Durango vehicles. Allegedly, the
rotary shifter systems wrongly indicate cars are in Park when they
are not and, also, fail to include any safety override feature for
preventing rollaway accidents caused by such misinformation.
FCA manufactures, distributes, and sells motor vehicles, and parts
through its network of authorized motor vehicle dealers.
The Plaintiff is represented by:
E. Powell Miller, Esq.
Sharon S. Almonrode, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Phone: (248) 841-2200
Fax: (248) 652-2852
E-mail: epm@millerlawpc.com
ssa@millerlawpc.com
- and -
Joseph H. Meltzer, Esq.
Peter A. Muhic, Esq.
Melissa L. Troutner, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Phone: (610) 667-7706
Fax: (610) 667-7056
E-mail: jmeltzer@ktmc.com
pmuhic@ktmc.com
mtroutner@ktmc.com
FINCA FOODS: Overtime Wages Sought in "Torres" Labor Suit
---------------------------------------------------------
Jorge Luis Torres, on behalf of himself and similarly situated
individuals, Plaintiffs, v. Finca Foods, Inc. and Richard M.
Crane, Defendants, Case No. 1:17-cv-00614 (N.D. Ill., January 26,
2017) seeks unpaid overtime wages owed, liquidated damages,
reasonable attorneys' fees and costs and such other and further
relief under the Fair Labor Standards Act and the Illinois Minimum
Wage Law.
Finca Foods and Crane jointly operate a grocery store in Round
Lake, Illinois under the name Mendoza Grocery. Plaintiff worked
for Defendant as a butcher from approximately June 2016 through
January 17, 2017.
The Plaintiff is represented by:
Alvar Ayala, Esq.
Christopher J. Williams, Esq.
WORKERS' LAW OFFICE, P.C.
53 W. Jackson Blvd, Suite 701
Chicago, IL 60604
Tel: (312) 795-9121
FLEETWOOD ALUMINUM: Faces "Hauser" Suit Over Wages and OT Pay
-------------------------------------------------------------
Joell Hauser, Plaintiff, individually, on behalf of himself and
all others similarly situated v. Fleetwood Aluminum Products,
Inc., a California corporation and Does 1 through 50, inclusive,
Defendants, Case No. BC646841 (Super. Cal., January 23, 2017),
seeks payment of wages and overtime in violation of the Labor
Code.
The Plaintiff was employed by Defendants as a non-exempt hourly
employee within the State of California.
Defendant Fleetwood Aluminum Products Inc. manufactures and
distributes aluminum windows and doors to the commercial and
residential markets nationwide.
The Plaintiff is represented by:
David Yeremian, Esq.
David Keledjian, Esq.
DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
Glendale, CA 91203
Tel: (818) 230-8380
Fax: (818) 230-0308
Email: david@yeremianlaw.com
davidk@yeremianlaw.com
- and -
Walter Haines, Esq.
UNITED EMPLOYEES LAW GROUP, PC
5500 Bolsa Ave., Suite 201
Huntington Beach, CA 92649
Tel: (310) 652-2242
Fax: (562) 256-1006
Email: walterhaines@yahoo.com
FOUGERA PHARMACEUTICALS: Faces Suit Over Econazole Price-Fixing
---------------------------------------------------------------
DETECTIVES ENDOWMENT ASSOCIATION OF THE CITY OF NEW YORK, on
behalf of itself and all others similarly situated, Plaintiff, v.
FOUGERA PHARMACEUTICALS INC., SANDOZ, INC., PERRIGO NEW YORK INC.,
TARO PHARMACEUTICALS U.S.A., INC., and TELIGENT, INC.
Defendants, Case No. 2:17-cv-00379-CMR (E.D. Pa., January 26,
2017), alleges that Defendants conspired, combined and contracted
to fix, raise, maintain and stabilize prices at which econazole
would be sold. As a result of Defendants' unlawful conduct,
Plaintiff and the other members of the proposed Classes allegedly
paid artificially inflated prices that exceeded the amount they
would have paid if a competitive market had determined prices for
econazole.
Fougera Pharmaceuticals Inc. specializes in the production,
marketing, and sale of dermatological products.
The Plaintiff is represented by:
Jeffrey B. Gittleman, Esq.
Gerald J. Rodos, Esq.
Jeffrey A. Barrack, Esq.
Jeffrey B. Gittleman, Esq.
Chad A. Carder, Esq.
BARRACK, RODOS & BACINE
3300 Two Commerce Square
2001 Market Street
Philadelphia, PA 19103
Phone: (215) 963-0600
Fax: (215) 963-0838
E-mail: grodos@barrack.com
jbarrack@barrack.com
jgittleman@barrack.com
ccarder@barrack.com
FOUGERA PHARMACEUTICALS: Trust Fund et al. Allege Price Fixing
--------------------------------------------------------------
FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, INSURANCE TRUST FUND on
behalf of itself and all others similarly situated, Plaintiff, v.
FOUGERA PHARMACEUTICALS INC., SANDOZ, INC., PERRIGO NEW YORK INC.,
TARO PHARMACEUTICALS U.S.A., INC. and TELIGENT, INC., Defendants,
Case No. 2:17-cv-00368-CMR (E.D. Pa., January 26, 2017), arises
from an alleged conspiracy by Defendants to fix, raise, maintain
and stabilize the prices of econazole nitrate topical cream.
The Defendants are pharmaceutical companies.
The Plaintiff is represented by:
SHEPHERD FINKELMAN MILLER & SHAH, LLP
Jayne A. Goldstein, Esq.
Natalie Finkelman Bennett, Esq.
35 East State Street
Media, PA 19063
Phone: 610-891-9880
Email: jgoldstein@sfmslaw.com
Email: nfinkelman@sfmslaw.com
GENWORTH FINANCIAL: Faces "James" Suit Over Asia Pacific's Merger
-----------------------------------------------------------------
Brian James, Plaintiff, on behalf of himself and all others
similarly situated v. Genworth Financial, Inc., Thomas J.
McInerney, James S. Riepe, James A. Park, Thomas E. Moloney,
WilliamH. Bolinder, David M. Moffett, Gaylord Kent Conrad and
Melina E. Higgins, Defendants, Case No. 3:17-cv-00078 (E.D. Va.,
January 25, 2017) is brought on behalf of all public stockholders
of Genworth Financial, Inc., to enjoin the proposed transaction in
which Asia Pacific Global Capital Co. Ltd., will acquire each
outstanding share of Genworth common stock through a flawed
process and inadequate consideration. Under the terms of the
Merger Agreement, Genworth shareholders will receive $5.43 in cash
for each share of the Company that they own.
Genworth is a Fortune 500 insurance holding company committed to
helping families achieve the dream of homeownership and address
the financial challenges of aging through its leadership positions
in mortgage insurance and long term care insurance.
Asia Pacific is a liability company incorporated in the People's
Republic of China, owned by China Oceanwide.
China Oceanwide Holdings Group Co., Ltd. and Genworth Financial,
Inc. (NYSE: GNW) on Oct. 23, 2016, announced that they have
entered into a definitive agreement under which China Oceanwide
has agreed to acquire all of the outstanding shares of Genworth
for a total transaction value of approximately $2.7 billion, or
$5.43 per share in cash. The acquisition will be completed
through Asia Pacific Global Capital Co. Ltd., one of China
Oceanwide's investment platforms. The transaction is subject to
approval by Genworth's stockholders as well as other closing
conditions, including the receipt of required regulatory
approvals.
As part of the transaction, China Oceanwide has additionally
committed to contribute to Genworth $600 million of cash to
address the debt maturing in 2018, on or before its maturity, as
well as $525 million of cash to the U.S. life insurance
businesses. This contribution is in addition to $175 million of
cash previously committed by Genworth Holdings, Inc. to the U.S.
life insurance businesses. Separately, Genworth also announced
today preliminary charges unrelated to this transaction of $535 to
$625 million after-tax associated with long term care insurance
(LTC) claim reserves and taxes. Those items are detailed in a
separate press release. The China Oceanwide transaction is
expected to mitigate the negative impact of these charges on
Genworth's financial flexibility and facilitate its ability to
complete its previously announced U.S. life insurance
restructuring plan. Genworth believes this transaction is the best
strategic alternative to maximize stockholder value.
The Plaintiff is represented by:
Scott A. Simmons, Esq.
Christopher J. Habenicht, Esq.
Meyergoergen PC
1802 Bayberry Court, Suite 200
Richmond, VA 23226
Tel: 804-288-3600
Fax: 804-565-1231
Email: simmons@mg-law.com
habenicht@mg-law.com
- and -
Michael J. Palestina, Esq.
Kahn Swick & Foti, LLC
206 Covington Street
Madisonville, LA 70447
Tel: (504) 455-1400
Fax: (504) 455-1498
Email: Michael.Palestina@ksfcounsel.com
GOLDLYN LLC: Faces "Maldonado" Suit Over Failure to Pay OT Pay
--------------------------------------------------------------
Arturo Maldonado, et al., Plaintiffs, individually and on behalf
of others similarly situated v. Goldlyn LLC (d/b/a Certe Catering
Company), Pizza by Certe LLC (d/b/a Pizza by Certe), Harvey
Siegel, Edward Sylvia, Michel Zappa and Miguel Palma, Defendants,
Case No. 1:17-cv-00612 (S.D. N.Y., January 26, 2017), is brought
against the Defendant for failure to pay overtime wages for all
time worked in excess of 40 hours in a workweek.
Defendants own, operate or control a catering company located at
20 West 55th Street, New York, NY 10019 under the name Certe
Catering and a restaurant located at 132 E. 56th Street, New York,
NY 10022 under the name "Pizza" by Certe.
Plaintiffs were employed as a cafeteria worker, porter and
dispatcher and ostensibly as delivery workers; however, the
delivery workers were required to spend a considerable part of
their work day performing non-tipped, non-delivery duties,
including but not limited to various restaurant duties such as,
sweeping and mopping, cleaning the bathroom and the basement,
wrapping food, taking out the garbage stocking incoming
merchandise, dishwashing and transporting food from one floor to
another.
The Plaintiff is represented by:
Michael A. Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Tel: (212) 317-1200
Fax: (212) 317-1620
INSTANT CHECKMATE: "Dobrowolski" Suit Alleges Deceptive Practices
-----------------------------------------------------------------
Anna Dobrowolski, Plaintiff, individually and on behalf of all
others similarly situated v. Instant Checkmate, Inc., a Delaware
corporation, Defendant, Case No. 2017-CH-00993 (Ill. Cir., January
23, 2017), alleges that Defendant's unlawful practice of using the
names and identities of Illinois resident without their consent to
promote its service.
Instant Checkmate, Inc. owns and operates the web site,
www.instantcheckmate.com, which offers consumers the ability to
obtain background reports to learn the truth about the history of
your family and friends.
The Plaintiff is represented by:
Ari J. Scharg, Esq.
Benjamin H. Richman, Esq.
Edelson PC
350 N. LaSalle St. 13th Floor
Chicago, IL 60654
Tel: 312-589-6370
Fax: 312-589-6378
Email: ascharg@edelson.com
brichman@edelson.com
JMN DELI: Faces "Jimenez" Suit Alleging Violations of FLSA
----------------------------------------------------------
DILCIA G. JIMENEZ and other similarly-situated individuals,
Plaintiff, v. JMN DELI CORP. and JOSE M. NUNEZ, individually,
Defendants, Case No. 1:17-cv-20366-UU (M.D. Fla., January 26,
2017), seeks to recover money damages for alleged unpaid overtime
wages under the Fair Labor Standards Act.
Defendant JMN DELI CORP. is a chain of deli-cafeteria and take-out
restaurant doing business at several Price Choice Food Markets,
and Tropical Supermarket. Plaintiff worked as a cook, kitchen
helper, cleaning and restaurant employee performing general
restaurant work.
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
3100 South Dixie Highway, Suite 202
Miami, FL 33133
Phone: (305) 446-1500
Fax: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
JPMORGAN CHASE: "Beach" Suit Alleges ERISA Violation
----------------------------------------------------
Terre Beach, Plaintiff, individually and on behalf of herself and
all others similarly situated v. JPMorgan Chase Bank, National
Association, Board of Directors for JPMorgan Chase Bank, National
Association, JPMorgan Chase & Company, Board of Directors for
JPMorgan Chase & Company, the Compensation & Management
Development Committee, the Selection Committee, the Employee Plans
Investment Committee, J.P. Morgan Investment Management In., Head
of Human Resources for JPMorgan Chase & Co., Benefits Director of
JPMorgan Chase & Co., Linda B. Bammann, James A. Bell, Crandall C.
Bowles, Stephen B. Burke, James S. Crown, Jamie Dimon, Timothy P.
Flynn, Laban P. Jackson, Jr., Michael A. Neal, Lee R. Raymond,
William C. Weldon, Frank J. Bisignano, John C. Donnelly, Marianne
Lake, Matthew E. Zames, Bernadette J. Branosky, Thelma Ferguson
and John Does 1-20, Defendants, Case No.1:17-cv-00563 (S.D.N.Y.,
January 25, 2017), alleges that Defendants as "fiduciares" of the
Plan, as the Plan, breaches their duties owed to her and to the
other participants and beneficiaries of the Plan in violation of
ERISA, particularly with regard to the Defendants' utilization and
retention of proprietary mutual funds and their failure to use
their expertise and the Plan's bargaining power, as a result of
its massive assets (valued between $14.64 billion and $20.94
billion during the Class Period), to secure lower fees on the
investment options in the Plan and consequently, in Plaintiff's
portfolio.
The Plaintiff is represented by:
Joseph H. Meltzer, Esq.
Kessler Topaz Meltzer & Check, LLP
280 King of Prussia Road
Radnor, PA 19087
Tel: (610) 667-7706
Fax: (610) 667-7056
Email: jmeltzer@ktmc.com
- and -
Edward W. Ciolko, Esq.
Mark K. Gyandoh, Esq.
Julie Siebert-Johnson, Esq.
280 King of Prussia Road
Radnor, PA 19087
Tel: (610) 667-7706
Fax: (610) 667-7056
Email: eciolko@ktmc.com
mgyandoh@ktmc.com
jsjohnson@ktmc.com
- and -
Kai Richter, Esq.
Carl F. Engstrom
Jacob Schutz, Esq.
Nichols Kaster, PLLP
4600 IDS Center
80 S 8th Streetq
Minneapolis, MN 55402
Tel: 612-256-3200
Fax: 612-338-4878
Email: krichter@nka.com
cengstrom@nka.com
jschutz@nka.com
KEN GARFF AUTOMOTIVE: Foscue Alleges Cal. Labor Law Violations
--------------------------------------------------------------
John Foscue, Plaintiff, an individual, individually and on behalf
of all others similarly situated v. Ken Garff Automotive Group,
d/b/a Culver City Toyota, a corporation and Does 1 through 90,
inclusive, Defendants, Case No. BC648132 (Cal. Super. Ct., Los
Angeles County, January 26, 2017) seeks damages for failure to
provide all required meal and rest breaks, failure to pay all
wages owed semi-monthly pursuant to California Labor Law.
Plaintiff worked as a Sales Associate at Culver City Toyota, a
business entity wholly owned by Defendant Ken Garff.
The Plaintiff is represented by:
Rob Henning, Esq.
Shoshee Jau, Esq.
Henning Ruiz P.C.
1925 Century Park Eas, Suite 1960
Los Angeles, CA 90067
Tel: (310) 843-0020
Fax: (310) 843-9150
LANNET CO: Trust Fund Suit Alleges Levothyroxine Price-Fixing
-------------------------------------------------------------
Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund,
Plaintiff, on behalf of itself and all others similarly situated
v. Lannet Company, Inc. and Mylan Pharmaceuticals, Inc.,
Defendants, Case No. 2:17-cv-00354 (E.D. Penn., January 25, 2017),
alleges that Defendants have conspired, combined, and contracted
to fix, raise, maintain, and stabilize the prices at which generic
levothyroxine sodium would be sold in violation of the antitrust,
consumer protection, and common laws.
The Plaintiff accuse Defendant that Levothyroxine has seen
unprecedented and astounding price increases, since approximately
early-2013, the price of 300 micrograms of microgram formulation
has soared to more that 237% of its prior prices, while the price
of the 125 microgram formulation has increased by more than 267%
of its prior prices.
These price increases did not stem from competitive behavior
caused by, for instance, supply shortages or changed product
demand. Rather, they were the scion Defendants' broad and wide-
ranging conspiracy to fix, raise, maintain and stabilize the
prices of these products and to allocate customers and markets for
them. Defendants effectuated their conspiracy by direct business-
to-business contacts among generic drug manufacturers, secret
communications and meetings, and/or joint participation taken
under the guise of trade associations like the Generic
Pharmaceutical Association ("GPhA").
Lannett Company, Inc. manufactures and distributes generic
pharmaceuticals.
The Plaintiff is represented by:
Jayne A. Goldstein, Esq.
Natalie Finkelman Bennett, Esq.
Shepherd Finkelman Miller & Shah, LLP
35 East State Street
Media, PA 19063
Tel: 610-891-9880
Email: jgoldstein@sfmslaw.com
nfinkelman@sfmslaw.com
LANNETT CO: American Federation Sues Over Levothyroxine Prices
--------------------------------------------------------------
American Federation of State, County and Municipal Employees
District Council 37 Health & Security Plan, individually,
Plaintiffs, on behalf of all others similarly situated v. Lannett
Company, Inc., Mylan Pharmaceuticals, Inc. and Sandoz, Inc.,
Defendants, Case No. 1:17-cv-00643 (S.D. N.Y., January 27, 2017)
alleges a conspiracy between Lannett Company, Inc. and Mylan
Pharmaceuticals, Inc. to increase the prices of generic
levothyroxine.
Lannett Company, Inc. manufactures and distributes generic
pharmaceuticals.
The Plaintiff is represented by:
Eizabeth J. Cabraser, Esq.
Richard M. Heimann, Esq.
Eric B. Fastiff, Esq.
Brendan P. Glackin, Esq.
Dean M. Harvey, Esq.
Bruce W. Leppla, Esq.
Michelle A. Lamy, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Phone: (415) 956-1000
Fax: (415) 956-1008
Email: ecabraser@lchb.com
rheimann@lchb.com
efastiff@lchb.com
bglackin@lchb.com
bleppla@lchb.com
dharvey@lchb.com
mlamy@lchb.com
- and -
Daniel E. Seltz, Esq.
Annika K. Martin, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Phone: (212) 355-9500
Fax: (212) 355-9502
Email: dseltz@lchb.com
amartin@lchb.co
- and -
Dan Drachler, Esq.
Robert S. Schachter, Esq.
Joseph Lipofsky, Esq.
ZWERLING SCHACHTER & ZWERLING, LLP
41 Madison Ave.
New York, NY 10010
Phone: (212) 223-3900
Fax: (212) 371-5969
Email: ddrachler@zsz.com
rschacter@zsz.com
jlipofsky@zsz.com
- and -
Audrey A. Browne, Esq.
Seth Kennedy, Esq.
American Federation of State, County and Municipal Employees
District Council 37 Health & Security Plan
125 Barclay Street, Rm. 313
New York, NY 10007
Tel: (212) 815-1304
Fax: (212) 815-1900
Email: abrowne@dc37.net
skennedy@dc37.net
LANNETT CO: US May Intervene in Digoxin and Doxycycline Suit
------------------------------------------------------------
Lannett Company, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 2, 2017, for the
quarterly period ended December 31, 2016, that the U.S.
government's motion for leave to intervene has been granted by the
Court in a case involving generic digoxin and doxycycline.
The Company and certain competitors have been named as defendants
in 22 lawsuits filed in 2016 alleging that the Company and certain
generic pharmaceutical manufacturers have conspired to fix prices
of generic digoxin and doxycycline. These cases have been
consolidated in the United States District Court for the Eastern
District of Pennsylvania. In January 2017, the Court granted the
United States leave to intervene in the consolidated case.
Lannett Company, Inc. manufactures and distributes generic
pharmaceutical products.
LANNETT CO: 7 Class Suits Filed Over Levothyroxine Price-Fixing
---------------------------------------------------------------
Lannett Company, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 2, 2017, for the
quarterly period ended December 31, 2016, that manufacturers and
distributors of generic levothyroxine conspired to fix prices,
according to various class action complaints.
The Company said: "In December 2016, four purported class action
lawsuits were filed in the United States District Court for the
Southern District of New York against the Company and other
manufacturers and distributors of generic levothyroxine on behalf
of direct and indirect purchasers. The cases generally allege
that the Company and other manufacturers and distributors
conspired to fix prices for generic levothyroxine products in
violation of the federal Sherman Act, various state antitrust
laws, and various state consumer protection statutes. In December
2016 and January 2017, three additional purported class action
lawsuits in the United States District Court for the Eastern
District of Pennsylvania against the Company and other
manufacturers and distributors of generic levothyroxine on behalf
of direct purchasers, asserting substantially similar claims for
violation of the federal Sherman Act and claims for damages as the
suits filed in the Southern District of New York."
Lannett Company, Inc. manufactures and distributes generic
pharmaceutical products.
LANNETT CO: Faces New Jersey Suit over Ursodiol Price-Fixing
------------------------------------------------------------
Lannett Company, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 2, 2017, for the
quarterly period ended December 31, 2016, that the Company and two
other sellers of generic ursodiol were named on January 30, 2017,
as defendants in a purported class action lawsuit filed in the
District of New Jersey on behalf of indirect purchasers of
ursodiol. The case generally alleges that the Company and the
other defendants conspired to fix prices for generic ursodiol
products in violation of the federal Sherman Act, various state
antitrust laws and various state consumer protection statutes."
Lannett Company, Inc. manufactures and distributes generic
pharmaceutical products.
LATTICE SEMICONDUCTOR: Sued Over Proposed Canyon Bridge Merger
--------------------------------------------------------------
Robert Sellers, individually and on behalf of all others similarly
situated v. Lattice Semiconductor Corporation, Darin G.
Billerbeck, John E. Bourgoin, Robin A. Abrams, Robert R. Herb,
Brian M. Beattie, Mark E. Jensen, David J. Richardson, and
Frederick D. Weber, Case No. 1:17-cv-00081-UNA (D. Del., January
27, 2017), is brought on behalf of all holders of the common stock
of Lattice Semiconductor Corporation, to enjoin the proposed
acquisition of Lattice by a newly-created private equity firm,
Canyon Bridge Capital Partners, LLC through a merger. The Proposed
Transaction is valued at approximately $1.3 billion.
Lattice Semiconductor Corporation operates a fabless semiconductor
company located at 111 Southwest 5th Avenue, Suite 700, Portland,
Oregon 97204.
The Plaintiff is represented by:
James R. Banko, Esq.
Michael Van Gorder, Esq.
FARUQI & FARUQI, LLP
20 Montchanin Road, Suite 145
Wilmington, DE 19807
Telephone: (302) 482-3182
E-mail: jbanko@faruqilaw.com
mvangorder@faruqilaw.com
- and -
James M. Wilson Jr., Esq.
FARUQI & FARUQI, LLP
685 Third Ave., 26th Fl.
New York, NY 10017
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: jwilson@faruqilaw.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
Facsimile: (646) 522-4840
E-mail: jmonteverde@monteverdelaw.com
LEVEL 3: Faces "Muresan" Suit Over Proposed Sale to CenturyLink
---------------------------------------------------------------
ELLENA MURESAN, individually and on behalf of all others similarly
situated, Plaintiff, v. LEVEL 3 COMMUNICATIONS, INC.,
JAMES O. ELLIS, JR., JEFF K. STOREY, KEVIN P. CHILTON, STEVEN T.
CLONTZ, IRENE M. ESTEVES, T. MICHAEL GLENN, SPENCER B, HAYS,
MICHAEL J. MAHONEY, KEVIN W. MOONEY, PETER SEAH LIM HUAT, and
PETER VAN OPPEN, Defendants, Case No. 2017-63- (Del. Ch., January
26, 2017), alleges breaches of fiduciary duties by Defendants in
their attempt to sell the Company to CenturyLink, Inc., for an
inadequate consideration. The Proposed Transaction is valued at
approximately $19.43 billion.
LEVEL 3 COMMUNICATIONS, INC. provides communications services to
enterprise, government, and carrier customers.
The Plaintiff is represented by:
RIGRODSKY & LONG, P.A.
Brian D. Long, Esq.
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Phone: (302) 295-5310
- and -
Donald J. Enright, Esq.
LEVI & KORSINSKY, LLP
1101 30th Street, N.W., Suite 115
Washington, DC 20007
Phone: (202) 524-4290
LIONBRIDGE TECHNOLOGIES: Faces "Kay" Suit Over Sale to H.I.G.
-------------------------------------------------------------
ROBERT KAY, individually and on behalf of all others similarly
situated, Plaintiff, v. LIONBRIDGE TECHNOLOGIES, INC., RORY J.
COWAN, EDWARD A. BLECHSCHMIDT, MICHAEL DALLAS, GUY L. DE CHAZAI,
SUSAN KANTOR, PAUL A. KAVANAGH, JACK NOONAN, JAMES A. QUELLA,
CLAUDE P. SHEER, H.I.G. CAPITAL, LLC, LBT ACQUISITION, INC., and
LBT MERGER SUB, INC., Defendants, Case No. 1:17-cv-10135 (D.
Mass., January 26, 2017), seeks to enjoin the Proposed sale of the
Company to H.I.G. Capital, LLC, LBT Acquisition, Inc., and LBT
Merger Sub, Inc. unless and until the Defendants make corrective
disclosures or, alternatively, rescission of the Proposed
Transaction in the event defendants are able to consummate it.
The suit alleges that the Preliminary Proxy Statement regarding
the Proposed Transaction fails to include any other details
regarding Rollover Agreements other than they are being exchanged
for equity interests in Parent.
On December 11, 2016, the Board approved the Proposed Transaction
for $5.75 per share. Concurrently therewith, Defendant Cowan and a
family trust entered into letter agreements pursuant to which they
will contribute rollover shares to Parent, totaling approximately
2% of the outstanding shares of Lionbridge common stock.
LIONBRIDGE TECHNOLOGIES, INC. is a globalization company,
delivering translation and localization, digital marketing, global
content management, and application testing services.
The Plaintiff is represented by:
Stephanie A. Bartone, Esq.
Shane T. Rowley, Esq.
LEVI & KORSINSKY, LLP
733 Summer Street, Suite 304
Stamford, CT 06901
Phone: (212) 363-7500
LUOYANG UNCLE: "Yang" Suit Seeks Overtime, Spread of Hours Pay
--------------------------------------------------------------
Jian Yang Yang, individually and on behalf of all other employees
similarly situated, Plaintiff, v. Luoyang Uncle, Inc. d/b/a Uncle
Luoyang, Wen Wu Chen, John Doe and Jane Doe # 1-10, Defendants,
Case No. 1:17-cv-00623, (S.D. Fla., January 26, 2017), seeks to
recover overtime wages, unpaid spread of hours premium, liquidated
damages, prejudgment and post-judgment interest and attorneys'
fees and costs under the Fair Labor Standards Act, New York Labor
Law and New York Wage Theft Prevention Act.
Luoyang Uncle, Inc. owns and operates Uncle Luoyang, a restaurant
in Manhattan located at 928 Amsterdam Ave, New York, NY 10025
where Jian was hired as a kitchen staff.
Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC.
136-18 39th Ave., Suite 1003
Flushing, NY 11354
Tel: (718) 353-8588
Email: jhang@hanglaw.com
MALLINCKRODT PLC: "Patel" Seeks Damages Over Share Price Drop
-------------------------------------------------------------
Jyotindra Patel, individually and on behalf of all others
similarly situated, Plaintiff, v. Mallinckrodt PLC and Mark
Trudeau, Defendants, Case No. 1:17-cv-00171, (D.D.C., January 26,
2017), seeks damages, including interest, reasonable costs and
expenses incurred in this action, including attorneys' fees, and
such equitable/injunctive relief under the Securities Exchange Act
of 1934.
Mallinckrodt maintained a monopoly over the only therapeutic
preparation of adrenocorticotropic hormone in the United States
under the Acthar label. It is a treatment for infantile spasms and
difficult-to-treat autoimmune and inflammatory conditions.
Mallinckrodt allegedly understated reliance on Medicare and
Medicaid for Acthar revenue. On this news, Mallinckrodt's stock
price declined 9.1% from a close of $57.67 per share on November
28, 2016, to close at $52.42 per share on November 29, 2016. Patel
purchased Mallinckrodt securities and lost substantially.
Mallinckrodt is a public limited company organized in Ireland with
its U.S. headquarters in St. Louis, Missouri. Mallinckrodt
manufactures and distributes products used in diagnostic
procedures and in the treatment of pain and related conditions.
This includes the development, manufacture and distribution of
specialty pharmaceuticals, active pharmaceutical ingredients,
contrast products and radiopharmaceuticals.
Plaintiff is represented by:
Nicholas I. Porritt, Esq.
LEVI & KORSINSKY LLP
1101 30th Street, N.W., Suite 115
Washington, DC 20007
Tel: (203) 992-4523
Fax: (212) 363-7171
Email: nporritt@zlk.com
- and -
Shannon L. Hopkins, Esq.
Sebastiano Tornatore, Esq.
Meghan K. Daley, Esq.
733 Summer Street, Suite 304
Stamford, CT 06901
Tel.: (203) 992-4523
Fax: (212) 363-7171
Email: shopkins@zlk.com
stornatore@zlk.com
mdaley@zlk.com
MILLER HEALTHCARE: "Brown" Suit Seeks Payment of Wages and OT Pay
-----------------------------------------------------------------
Paule Sabrina Brown, Plaintiff, and other similarly situated
individuals, non-exempt home health aid v. Miller Healthcare
Network, LLC, a Florida Limited Liabily Company, Martine J.
Miller, individually and Timothy Miller, individually, Defendants,
Case No. 51546259 (11th Cir., Miami-Dade County, January 24,
2017), is brought against the Defendant for nonpayment of wages
and overtime pay in violation of Fair Labor Standard Act.
Plaintiff was employed by Miller Healthcare Network as a home
health aid.
Miller Healthcare Network provides home health care services.
The Plaintiff is represented by:
Jason S. Remer, Esq.
Brody M. Shulman, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 2200
Miami, FL 33130
Tel: (305) 416-5000
Fax: (305) 416-5005
Email: jremer@rgpattorneys.com
bshulman@rgpattorneys.com
MISE EN PLACE: "Rogers" Suit Seeks Payment of Overtime Wages
------------------------------------------------------------
Torrey Rogers, on his own behalf and others similarly situated,
Plaintiff, v. Mise En Place, Defendant, Case No. 8:17-cv-00208,
(M.D. Fla., January 26, 2017), seeks unpaid wages, liquidated
damages, costs of this action, together with reasonable attorneys'
fees and such other additional relief under the Fair Labor
Standards Act.
Rogers worked jointly for Sono Cafe and Mis En Place restaurant in
Hillsborough County and inside the Tampa Museum of Art. Due to his
dual employment, his hours was not properly counted and overtime
not credited to his hourly wage.
Plaintiff is represented by:
W. John Gadd, Esq.
Bank of America Building
2727 Ulmerton Rd. Ste. 250
Clearwater, FL 33762
Tel. (727)524-6300
Email: wjg@mazgadd.com
- and -
Kyle J. Lee, Esq.
LEE LAW PLLC
P.O. Box, 4476
Brandon, FL 33509-4476
Tel: (813) 343-2813
Email: kyle@kyleleelaw.com
MYLAN INC: Teamsters Fund Files Suit for Clomipramine Price-fixing
------------------------------------------------------------------
Teamsters Local Union No. 727 Health & Welfare Fund, individually
and on behalf of itself and all others similarly situated, v.
Mylan Inc., Sandoz, Inc., Taro Pharmaceutical Industries, Ltd.,
Taro Pharmaceuticals USA, Inc., Defendants, Case No. 3:17-cv-
01124, (D.P.R., January 26, 2016), brings this class action for
claims under federal and state antitrust laws to recover damages
and obtain injunctive and equitable relief for the substantial
injuries it and others similarly situated have sustained against
Defendants, arising from their conspiracy to raise the prices of
generic clomipramine hydrochloride and to allocate markets and
customers for this product in the United States, in violation of
the Sherman Antitrust Act and the Clayton Antitrust Act.
Teamsters Local Union No. 727 Health & Welfare Fund is an employee
health and welfare benefit plan with its principal place of
business at 1300 W. Higgins Road, Suite 103, Park Ridge, IL 60068.
Teamsters indirectly purchased, paid and/or provided reimbursement
for generic Clomipramine products, other than for resale, at
supracompetitive prices in multiple states across the United
States.
Clomipramine hydrochloride in its 25 mg, 50 mg and 75 mg oral
capsule form is a tricyclic antidepressant used for the treatment
of obsessive compulsive disorder, panic disorder, major depressive
disorder and chronic pain.
Sandoz, Inc., is a Colorado corporation with its principal place
of business in Princeton, New Jersey. It deals in generic
pharmaceuticals and bio-similars.
Taro Pharmaceuticals USA, Inc. is a New York corporation with its
principal place of business in Hawthorne, New York. It is an owned
subsidiary of Taro Pharmaceutical Industries, Ltd.
Mylan Inc. is a Pennsylvania corporation with its principal place
of business at 1000 Mylan Blvd., Canonsburg, Pennsylvania 15317.
Mylan Pharmaceuticals Inc. is a West Virginia corporation with its
principal place of business at TSl Chestnut Ridge Road,
Morgantown, West Virginia 26505.
Plaintiff is represented by:
Andres W. Lopez, Esq.
THE LAW OFFICES OF ANDRES W. LOPEZ, P.S.C.
P.O. Box 13909
San Juan, PR 00908
Telephone: (787) 294-9508
Fax: (787) 294-9519
NEW GREEN: "Zarate" Suit in N.Y. Seeks to Recover Unpaid Wages
--------------------------------------------------------------
Luis Zarate, individually and in behalf of all other persons
similarly situated v. New Green Emporium Corp d/b/a Green Emporium
and Hyon Chon Song, Case No. 1:17-cv-00670 (S.D.N.Y., January 29,
2017), seeks to recover unpaid or underpaid minimum wages,
overtime compensation, and such other relief available under the
Fair Labor Standards Act.
The Defendants operate a supermarket or grocery store located at
791 8th Avenue, New York, New York.
The Plaintiff is represented by:
John M. Gurrieri, Esq.
Brandon D. Sherr, Esq.
Justin A. Zeller
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007-2036
Telephone: (212) 229-2249
Facsimile: (212) 229-2246
E-mail: jmgurrieri@zellerlegal.com
bsherr@zellerlegal.com
jazeller@zellerlegal.com
NIGHT OWL: "Pucha" Suit Seeks to Recover Unpaid Overtime Wages
--------------------------------------------------------------
Angel Pucha and Maria Alba M. Pucha Paucar, individually and in
behalf of all other persons similarly situated v. Night Owl
Cleaning Services, Inc.; Night Owl II Cleaning Services Inc.;
Arlete Turturro, Case No. 7:17-cv-00669 (S.D.N.Y., January 29,
2017), seeks to recover unpaid overtime wages and damages pursuant
to the Fair Labor Standards Act.
The Defendants operate a cleaning agency doing business as Night
Owl Cleaning Services and located at Danbury Road, Suite K,
Brewster, New York.
The Plaintiff is represented by:
John M. Gurrieri, Esq.
Brandon D. Sherr, Esq.
Justin A. Zeller, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007-2036
Telephone: (212) 229-2249
Facsimile: (212) 229-2246
E-mail: jmgurrieri@zellerlegal.com
bsherr@zellerlegal.com
jazeller@zellerlegal.com
NOVA MUD: Faces "Weaks" Suit Over Unpaid Wages and Overtime
-----------------------------------------------------------
William Bringham Weaks II, Plaintiff, all others similarly
situated v. Nova Mud, Inc. and Ken Bromley, Defendants, Case No.
2:17-cv-00121 (D.N.M., January 24, 2017), seeks wage and overtime
compensation for all hours worked over 40 each workweek in
violation of Fair Labor Standard Act and New Mexico Wage Law.
Defendants employ Plaintiff and other Drilling Fluid Engineers,
commonly referred to as Fluid Engineers or Mud Engineers.
Defendants specifically employ Drilling Fluid Engineers to
maintain drilling fluids for use by their customers at oilfield
drilling sites.
The Defendant engaged in oilfield drilling.
The Plaintiff is represented by:
J. Derek Braziel, Esq.
Jay Forester, Esq.
Lee & Braziel, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Tel: (214) 749-1400
Fax: (214) 749-1010
Email: www.overtimelawyer.com
- and -
Jack Siegel, Esq.
Siegel Law Group PLLC
2820 McKinnon, Suite 5009
Dallas, TX 75201
Tel: (214) 790-4454
Email: www.4overtimelawyer.com
OBK CENTER: Faces "Karimov" Suit Over Failure to Pay OT Wages
-------------------------------------------------------------
Farhod Karimov, Plaintiff, and all others similarly situated v.
OBK Center Corporation d/b/a Bahor Restaurant, a Florida
Corporation and Irina Eliutina, individually, Defendants, Case No.
1:17-cv-20314-DPG (S.D. Fla., January 25, 2017), is brought
against the Defendant for failure to pay overtime wages for all
time worked in excess of 40 hours in a workweek in violation of
Fair Labor Standard Act.
Plaintiff worked as a kitchen cook at Defendant's restaurant.
Defendant operated a restaurant located within Miami-Dade County,
Florida.
The Plaintiff is represented by:
Daniel T. Feld, Esq.
Law Office of Daniel T. Feld, P.A.
2847 Hollywood Blvd.
Hollywood, FL 33020
Tel: (305) 308-5619
Email: DanielFeld.Esq@gmail.com
- and -
Isaac Mamane, Esq.
Mamane Law LLC
1150 Kane Concourse, Fourth Floor
Bay Harbor Islands, FL 33154
Tel: (305) 773-6661
Email:mamane@gmail.com
OCHO RIOS-MIAMI: "Mora" Suit Seeks Damages for Unpaid OT Wages
--------------------------------------------------------------
Juan R. Mora, and other similarly-situated individuals, Plaintiff,
v. Ocho Rios-Miami, Inc. and Allan Lowe, individually Defendants,
Case No. 1:17-cv-20364, (S.D. Fla., January 26, 2017), seeks to
recover money damages for unpaid overtime wages, liquidated
damages and reasonable attorneys' fees pursuant to the Fair Labor
Standards Act.
Ocho Rios-Miami is an importer and distributor of Caribbean and
oriental food products selling and delivering to supermarkets,
neighborhood groceries stores, convenience stores and restaurants,
within the area of Miami-Dade and West Palm Beach. Plaintiff
worked as a warehouse employee and delivery driver.
Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
PACIFIC COAST: Thomas Alleges Violation of California Labor Laws
----------------------------------------------------------------
Nina Thomas, Plaintiff, individually and on Behalf of all others
similarly situated and the general public v. Pacific Coast
Sightseeing Tours and Charters, Inc., a Florida corporation and
Does 1 to 50, inclusive, Defendants, Case No. BC647593 (Cal.
Super. Ct., January 24, 2017), seeks compensation for Defendant's
alleged failure to provide for off-duty meal periods, failure to
provide for off-duty rest periods, unfair and unlawful business
practices and failure to comply with itemized employee wage
statement in violation of California Labor Law.
Plaintiff was employed by the Defendant as driver.
Defendants operate and maintain Flyaway location transportation
services in California including at Union Station and Van Nuys.
The Plaintiff is represented by:
Michael B. Adreani, Esq,
Daron Barsamian, Esq.
Roxborough, Pomerance, Nye & Adreani, LLP
5820 Canoga Avenue, Suite 250
Woodland Hills, CA 91367
Tel: (818) 992-9999
Fax: (818) 992-9991
- and -
Daniel J. Yourist, Esq.
Bradley J. Yourist, Esq.
YOURIST LAW CORPORATION, APC
11111 Santa Monica Boulevard, Suite 100
Los Angeles, CA 90025
Tel: (310) 575-1175
Fax: (310) 575-1167
PIE SQUARED: Faces "Williams" Seeks Payment Over Wages & OT
-----------------------------------------------------------
Ashly Williams, Plaintiff, as an individual and on behalf of
others similarly situated v. Pie Squared Pizza, LLC and Does 1
through 100, Defendants, Case No. BC648461 (Cal. Super. Ct., Los
Angeles County, January 26, 2017) seeks compensation for unpaid
wages and overtime pay in violation of California Labor Code.
Plaintiff was employed with the title of manager in Defendants
restaurant business.
Defendants own and operate in chain of fast food establishments in
Los Angeles County and throughout California.
The Plaintiff is represented by:
Miklos Varga, Esq.
Law Office of Miklos Varga
P.O. Box 681
Silver Lakes, CA 92342
Tel: (818) 542-6531
Email: Vargalaw1@gmail.com
PIXARBIO CORP: Faces "Allen" Securities Action in N.J.
------------------------------------------------------
Mark Allen, Plaintiff, individually and on behalf of all others
similarly situated v. Pixarbio Corporation f/k/a BMP Holdings Inc.
and Francis M. Reynolds, Defendants, Case No.2:17-cv-00496 (S.D.,
Cal., January 25, 2017), seeks compensatory damages of a class
consisting of all persons and entities other than Defendants who
purchased or otherwise acquired the securities of PixarBio: (1)
pursuant and/or traceable to the Company's private placement that
closed on October 30, 2016 ("the Private Placement"); and/or (2)
publicly traded on the open market between October 31, 2016 and
January 20, 2017, both dates inclusive (the "Class Period") in
violation of Federal Securities Laws.
Defendant PixarBio is a specialty pharmaceutical/biotechnology
company that focuses on the pre-clinical and clinical development
of neurological drug delivery systems for post-operative pain.
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
Tel: (973) 313-1887
Fax: (973) 833-0399
Email: lrosen@rosenlegal.com
POINT SECURITY: Faces "Vega" Suit Over Failure to Pay Wage & OT
---------------------------------------------------------------
Juan Vega, Plaintiff, on behalf of himself and on behalf of all
others similarly situated v. Point Security, LLC dba Point
Secured, LLC, Brian Finch and Todd Finch, Defendants, Case No.
1:17-cv-00049 (W.D. Tex., January 23, 2017), is brought against
the Defendants for nonpayment of minimum wage and overtime pay
pursuant to Fair Labor Standard Act.
The Plaintiff claims that Defendants did not follow the
regulation, instead, Defendants paid Plaintiff and its other
installation technicians nothing but a piece rate for their work
and disregarded its obligation to pay overtime.
The Plaintiff is represented by:
Beatriz Sosa-Morris, Esq.
SOSA-MORRIS NEUMAN ATTORNEYS AT LAW
5612 Chaucer Drive
Houston, TX 77005
Tel: (281) 885-8844
Fax: (281) 885-8831
Email: BSosaMorris@smnlawfirm.com
POWERSCOUT INC: "Stacy" Class Suit Removed to South. Dist. Calif.
-----------------------------------------------------------------
The class action lawsuit captioned Rebecca Stacy, individually and
on behalf of all others similarly situated v. PowerScout, Inc.,
and Does 110, Inclusive, Case No. 37-2016-00043290CU-MC-CTL, was
removed from the Superior Court of the State of California for the
County of San Diego, to the United States District Court for the
Southern District of California. The District Court Clerk assigned
Case No. 3:17-cv-00165-JAH-BLM to the proceeding.
The Plaintiff asserts claims for negligent and intentional
violations of the Telephone Consumer Protection Act.
Powerscout, Inc. operates a solar energy company in Oakland,
California.
The Defendant is represented by:
Edward D. Totino, Esq.
DLA PIPER LLP
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067-4704
Telephone: (310) 595-3000
Facsimile: (310) 595-3300
E-mail: edward.totino@dlapiper.com
- and -
Amanda C. Fitzsimmons, Esq.
DLA PIPER LLP
401 B Street, Suite 1700
San Diego, CA 92101-4297
Telephone: (619) 699-2700
Facsimile: (619) 699-2701
REPUBLIC SERVICES: "Villareal" Suit Seeks to Recover Unpaid Wages
-----------------------------------------------------------------
Juan Villarreal, individually and on behalf of all others
similarly v. Republic Services, Inc., Case No. 2:17-cv-00036 (S.D.
Tex., January 27, 2017), seeks to recover compensation, liquidated
damages, attorneys' fees, and costs, pursuant to the Fair Labor
Standards Act.
The Plaintiff works for the Defendants as a waste disposal helper.
Republic Services, Inc. provides waste collection and disposal
services to its customers throughout the State of Texas and the
United States.
The Plaintiff is represented by:
Austin W. Anderson, Esq.
Clif Alexander, Esq.
Lauren E. Braddy, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: austin@a2xlaw.com
clif@a2xlaw.com
lauren@a2xlaw.com
PROFESSIONAL AUTO: Randall Alleges Cal. Labor Laws Violation
------------------------------------------------------------
Damon Randall, Plaintiff, on behalf of himself, all others
similarly situated and on behalf of the general public v.
Professional Auto Transport, Inc. and Does 1-100, Defendants, Case
No. RG17847058 (Cal. Super. Ct., Alameda County, January 26, 2017)
seeks compensation for unpaid wages and overtime pay in violation
of California Labor Code.
Plaintiff was employed as truck driver at Defendant's business.
Defendant Professional Auto Transport, Inc.'s own and operate
trucks, industrial trucks, industrial vehicles and/or industrial
work sites.
The Plaintiff is represented by:
William Turley, Esq.
David Mara, Esq.
Jamie Serb, Esq.
The Turley Law Firm, APLC
7428 Trade Street
San Diego, CA 92121
Tel: (619) 234-2833
Fax: (619) 234-4048
QUALCOMM INC: Boardsports Sues Over Baseband Processor Prices
-------------------------------------------------------------
Boardsports School LLC, Plaintiff, individually and on behalf of
others similarly situated v. Qualcomm Incorporated, Defendant,
Case No. 5:17-cv-00398 (N.D. Cal., January 25, 2017), is brought
against the Defendant for alleged violations of Federal and State
Antitrust Laws, State Unfair Competition Laws and the Common Law
of Unjust Enrichment.
The Complaint says that Defendant Qualcomm has not adhered to its
fair, reasonable and nondiscriminatory (FRAND) promises, but has
instead taken advantage of the standard-setting process to acquire
and maintain monopoly control of the baseband process market.
Beginning at least as early as 2008, Qualcomm, among other things,
(1) refused to license, or alternatively imposed onerous
restrictions on licenses of, its SEPs to competing chipset makers;
(2) conditioned the supply of its CDMA chipsets on agreeing to
Qualcomm's license agreements for its entire patent portfolio; (3)
entered into exclusive deals with certain cellular phone
manufacturers, such as Apple, Inc. ("Apple"); and (4) most
onerously, ignored the requirements of SSOs to license its SEPs to
patent users on FRAND terms, instead extracting unreasonably high,
unilaterally-determined royalty payments. Those payments have been
passed on to consumers, according to the Federal Trade Commission
(FTC).
Qualcomm Inc. was one of the earliest developers of cellular
technology.
The Plaintiff is represented by:
Lesley E. Weaver, Esq.
Mili Desai, Esq.
Britt Cibulka, Esq.
Bleichmar Fonti & Auld, LLP
1999 Harrison Street, Suite 670
Oakland, CA 94612
Tel: (415) 445-4003
Fax: (415) 445-4020
Email: lweaver@bfalaw.com
mdesai@bfalaw.com
bcibulka@bfalaw.com
- and -
Robyn R. English, Esq.
Bleichmar Fonti & Auld, LLP
7 Times Square, 27th Floor
New York, NY 10036
Tel: (212) 789-1359
Fax: (212) 205-3970
Email: renglish@bfalaw.com
QUALCOMM INC: Faces "Mackay" Suit Over Baseband Processor Prices
----------------------------------------------------------------
Michelle Mackay, et al., Plaintifsf, on behalf of themselves and
all others similarly situated v. Qualcomm Incorporated, Defendant,
Case No. 3:17-cv-00148-BAS-NLS (S.D. Cal., January 25, 2017),
seeks compensatory damages for violation of Federal and State
Antitrust Laws, State Consumer Laws and The Common Law of Unjust
Enrichment.
The Plaintiff accuse that Defendant Qualcomm Incorporated
("Qualcomm") for Qualcomm's unlawful maintenance of a monopoly in
baseband processors, Qualcomm has maintained its monopoly by
engaging in anticompetitive, exclusionary conduct, including,
without limitation: (a) failure to license standard-essential
patents to all applicants on fair, reasonable and non-
discriminatory ("FRAND") terms; (b) withholding Qualcomm's
baseband processors unless a customer accepts a license to
standard-essential patents on terms imposed unless a customer
accepts a license to standard-essential patents on terms imposed
by Qualcomm, including excessive and unlawful royalties that the
customer must pay when using competitors' processors ("no license-
no chips"); (c) refusing to license its cellular standard-
essential patents to competitors, in violation of Qualcomm's FRAND
commitments and (d) entering into exclusive dealing arrangements,
including with Apple Inc., a large and highly important cellphone
manufacturer.
Qualcomm Inc. was one of the earliest developers of cellular
technology.
The Plaintiffs are represented by:
Jason S. Hartley, Esq.
Jason M. Lindner, Esq.
Stueve Siegel Hanson, LLP
550 West C Street, Suite 1750
San Diego, CA 92101
Tel: (619) 400-5822
Fax: (619) 400-5832
Email: hartley@stuevesiegel.com
lindner@stuevesiegel.com
- and -
Vincent J. Esades, Esq.
David Woodward, Esq.
Heins Mills & Olson, P.L.C.
310 Clifton Avenue
Minneapolis, MN 55403
Tel: (612) 338-4605
Fax: (612) 338-4692
Email: vesades@heinsmills.com
dwoodward@heinsmills.com
- and -
K. Scott Wagner, Esq.
Wagner Law Group. S.C.
839 N. Jefferson St, Suite 400
Milwaukee, WI 53202
Tel: (414) 278-7000
- and -
Patrick R. Burns, Esq.
Burns Law Firm PLLC
1624 Harmons Place, Suite 300
Minneapolis, MN 55403
Tel: (612) 877-6400
QUALCOMM INC: Faces "Miller" Suit Over Baseband Processor Prices
----------------------------------------------------------------
Rachel L. Miller, Plaintiff, on behalf of herself and all others
similarly situated v. Qualcomm Incorporated, a Delaware
Corporation, Defendant, Case No.3:17-cv-00147 (S.D., Cal., January
25, 2017), bring this action against Defendant for its
anticompetitive conduct in acquiring and maintaining its monopoly
over the modem chipset market and abusing the intellectual
property rights underlying this technology and charging an
excessive and unlawful royalty on cellular phones or devices
incorporating such patents, with the result that each end-user
purchaser of such phones or device pays an inflated price.
Qualcomm Inc. was one of the earliest developers of cellular
technology.
The Plaintiff is represented by:
Christopher M. Burke, Esq.
Walter W. Noss, Esq.
Hal D. Cunningham, Esq.
John T. Jasnoch, Esq.
Jennifer J. Scott, Esq.
Kate Lv, Esq.
SCOTT+SCOTT, ATTORNEY AT LAW, LLP
707 Broadway, Suite 1000
San Diego, CA 92101
Tel: 619-233-4565
QUALCOMM INC: Faces Benad et al. Antitrust Suit Over Chipsets
-------------------------------------------------------------
Patrick Benad, Martha Countless, Karen Hood and Jaime Martin,
Plaintiff, and on behalf of all others similarly situated v.
Qualcomm Incorporated, a Delaware Corporation, Defendant, Case No.
5:17-cv-00440-LHK (S.D. Fla., January 27, 2017) seeks compensatory
damages for violations of Federal and State Antitrust Laws, State
Unfair Competition Laws and the common Law of Unjust Enrichment.
The Plaintiff alleges that Qualcomm that has abused its power over
Standard Essentials Patents ("SEPs") and the chipset supply to
increase its own dominance in these markets and charge exorbitant
royalties. Simply put, it has abused its involvement in the
Standard Setting Organizations ("SSOs"), which set standards
around Qualcomm technology and gave it the means to be as powerful
as it has become. Qualcomm's market manipulation from this unique
position confirmed by multiple investigations of its conduct by
trade and competition agencies around the world.
Qualcomm Inc. was one of the earliest developers of cellular
technology.
The Plaintiff is represented by:
Todd A. Seaver, Esq.
Berman Devalerio LLP
44 Montgomery St., Suite 650
San Francisco, CA 94104
Tel: (415) 433-3200
Fax: (415) 433-6382
Email: tseaver@bermandevalerio.com
- and -
Jennifer W. Sprengel, Esq.
Nyran Rose Rasche, Esq.
Cafferty Clobes Meriwether & Sprengel LLP
150 W. Wacker Drive, Suite 3000
Chicago, IL 60601
Tel: (312) 782-4880
Email: jsprengel@caffertyclobes.com
nrasche@caffertyclobes.com
- and -
Patrick E. Cafferty, Esq.
101 Main Street, Suite 565
Ann Arbor, MI 48104
Tel: (743) 769-2144
Email: pcafferty@caffertyclobes.com
- and -
Bryan L. Clobes, Esq.
Ellen Meriwether, Esq.
1101 Market Street, Suite 2650
Philadelphia, PA 19107
Tel: (215) 864-2800
Email: bclobes@caffertyclobes.com
emeriwether@caffertyclobes.com
- and -
Douglas G. Thompson, Esq.
Michael G. McLellan, Esq.
Finkelstein Thompson LLP
1077 30th Street, NW, Suite 150
Washington, D.C. 20007
Tel: (202) 337-8000
Fax: (202) 337-8090
Email: dthompson@finkelsteinthompson.com
mmclellan@finkelsteinthompson.com
QUALCOMM INC: Sued in Cal. Over Modem Chipsets Monopoly
-------------------------------------------------------
Jason Schwartz, Suzanne Block, Kevin Calero, Carlo Caringal, Ian
Carson, Andre Cruz, Lucas Rangel Ferreira, Masood Javaherian,
David Koplovitz, Brian Letulle, Deirdre Mcelhaney, Carmen Minon,
Erica Minon, Gabriel Minon, Betsy Santiago, Javier Santiago, And
Peter Yee, on behalf of themselves and all others similarly
situated v. Qualcomm Incorporated, Case No. 3:17-cv-00166-GPC-JMA
(S.D. Cal., January 27, 2017), arises out of Qualcomm's alleged
monopolization of the market for modem chipsets used in
smartphones and other devices that communicate over cellular
networks and for unfair use of its dominance in that market and in
the market for certain mobile phone-related patents that Qualcomm
owns.
Qualcomm Incorporated operates a semiconductor and
telecommunications equipment company that designs and markets
wireless telecommunications products and services.
The Plaintiff is represented by:
Laurence D. King, Esq.
Linda M. Fong, Esq.
Mario M. Choi, Esq.
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, Suite 400
San Francisco, CA 94104-1308
Telephone: (415) 772-4700
Facsimile: (415) 772-4707
E-mail: lking@kaplanfox.com
lfong@kaplanfox.com
mchoi@kaplanfox.com
- and -
Robert N. Kaplan, Esq.
Frederic S. Fox, Esq.
Donald R. Hall, Esq.
Joshua H. Saltzman, Esq.
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Telephone: (212) 687-1980
Facsimile: (212) 687-7714
E-mail: rkaplan@kaplanfox.com
ffox@kaplanfox.com
dhall@kaplanfox.com
jsaltzman@kaplanfox.com
QUALCOMM INC: "Feenstra" Suit Alleges Securities Act Violations
---------------------------------------------------------------
JAMES FEENSTRA, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, vs. QUALCOMM INCORPORATED,
STEVEN M. MOLLENKOPF, GEORGE S. DAVIS, PAUL E. JACOBS, and WILLIAM
E. KEITEL, Defendants, Case 3:17-cv-00155-LAB-JLB (S.D. Cal.,
January 26, 2017), is a suit for alleged violations of the U.S.
Securities and Exchange Act, claiming that Defendants made false
and/or misleading statements and/or failed to disclose that: (i)
Qualcomm engaged in anticompetitive conduct to maintain a monopoly
for semiconductors used in mobile phones in violation of federal
law; (ii) in turn, Qualcomm lacked effective internal controls
over financial reporting; and (iii) as a result, Qualcomm's public
statements were materially false and misleading at all relevant
times.
Qualcomm Inc. is a global semiconductor company that develops,
designs, licenses, and markets worldwide its digital
communications products and services.
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
468 North Camden Drive
Beverly Hills, CA 90210
Phone: (818) 532-6499
E-mail: jpafiti@pomlaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Hui M. Chang, Esq.
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Phone: (212) 661-1100
Fax: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
hchang@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
Ten South La Salle Street, Suite 3505
Chicago, IL 60603
Phone: (312) 377-1181
Fax: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
- and -
Michael Goldberg, Esq.
Brian Schall, Esq.
GOLDBERG LAW PC
1999 Avenue of the Stars
Los Angeles, CA 90067, Suite 1100
Phone: 1-800-977-7401
Fax: 1-800-536-0065
Email: michael@goldberglawpc.com
brian@goldberglawpc.com
SIOUX HONEY: Faces "Tran" Suit Over 100% Pure, Natural Label
------------------------------------------------------------
Susan Tran, Plaintiff, on behalf of herself and all others
similarly situated v. Sioux Honey Association Cooperative,
Defendant, Case No. 8:17-cv-00110 (C.D. Cal., January 23, 2017),
alleges that Defendant's "100% Pure" American honey product are
not in fact 100% pure natural, but rather contain glyphosate a
synthetic chemical.
Sioux is a cooperative association organized under the laws of the
state of Iowa. The Defendant advertises, distributes, markets and
sells the Sue Bee Honey to consumers throughout California.
The Plaintiff is represented by:
Stephen R. Basser, Esq.
Barrack, Rodos & Bacine
One America Plaza
600 West Broadway, Suite 900
San Diego, CA 92101
Tel: (619) 230-0800
Fax: (619) 230-1874
Email: sbasser@barrack.com
- and -
Lori G. Feldman, Esq.
Courtney E. Maccarone, Esq.
Levi & Korsinsky LLP
30 Broad Street, 24th Floor
New York, NY 10004
Tel: (212) 363-7500
Fax: (212) 363-7171
Email: lfeldman@zlk.com
cmaccarone@zlk.com
- and -
Kim E. Richman, Esq.
Jaimie Mak, Esq.
Richman Law Group
81 Prospect Street
Brooklyn, NY 11201
Tel: (212) 687-8291
Fax: (212) 687-8292
Email: krichman@richmanlawgroup.com
jmark@richmanlawgroup.com
SOUTHWEST WATER: "Agredano" Seeks Payment of Minimum Wage and OT
----------------------------------------------------------------
Luis Agredano, Plaintiff, individually and on behalf of all others
similarly situated employees of Defendants in the State of
California v. Southwest Water Company, Suburban Water Systems and
Does 1-50, inclusive, Defendants, Case No. BC648190 (Cal. Super.
Ct., Los Angeles County, January 26, 2017) is brought against the
Defendants for failure to pay minimum and regular wages, overtime
pay in violation of California Labor Code.
Defendant Southwest Water Company owns and operates regulated
water and wastewater systems serving over half a million
residential and business customers in five states: Alabama,
California, Oklahoma, South Carolina and Texas.
The Plaintiff is represented by:
Graham S.P. Hollis, Esq.
Vilmarie Cordero, Esq.
Paloma Acosta, Esq.
Graham Hollis APC
3555 Fifth Avenue Suite 200
San Diego, CA 92103
Tel: 619-692-0800
Fax: 619-692-0822
Email: ghollis@grahamhollis.com
vcordero@grahamhollis.com
pacosta@grahamhollis.com
SPECIAL TOUCH: Najmiev Alleges New York Labor Law Violation
-----------------------------------------------------------
Shamsiddin Najmiev, Plaintiff, individually and on behalf of all
other persons similarly situated who were employed by Special
Touch Home Care Services, Inc. v. Special Touch Home Care
Services, Inc., Defendant, Case No. 150771 (N.Y., New York County,
January 24, 2017), seeks payment of wages and overtime pay in
violation of New York Labor Law.
Special Touch is primarily engaged in providing nursing and home
health aide services at the residences of its clients.
The Plaintiff was formerly employed by the Defendant to provide
personal care, assistance, health-related tasks and home care
services.
The Plaintiff is represented by:
Lloyd R. Ambinder, Esq.
Milana Dostanitch, Esq.
Virginia & Ambinder, LLP
40 Broad Street, Seventh Floor
New York, NY 10004
Tel: (212) 943-9080
Fax: (212) 943-9082
Email: lambinder@vandallp.com
STEIN MART: Faces "Morales" Suit Over False Discounts
-----------------------------------------------------
Anthony Morales, Plaintiffs, an individual, on behalf of himself
and all others similarly situated v. Stein Mart, Inc. and Does 1
through 10, inclusive, Defendants, Case No. 5:17-cv-00159-SJO-DTB
(C.D. Cal., January 28, 2017) seeks damages for fabricated and
false advertisement "Compare at" pricing in a concerted effort to
deceive consumers into paying inflated prices under the false
impression that they are receiving steep discounts.
Defendant Stein Mart, Inc. is a Florida corporation, which is a
retailer that sells products through its retail stores through
California.
The Plaintiff is represented by:
Reuben D. Nathan, Esq.
Nathan & Associates, APC
600 W. Broadway, Suite 700
San Diego, CA 92101
Tel: (619) 272-7014
Fax: (619) 330-1819
Email: rnathan@nathanlawpractice.com
STILLWATER MINING: Faces "Assad" Suit Over Sibanye Merger
---------------------------------------------------------
George Assad, Plaintiff, individually and on behalf of all
similarly situated v. Stillwater Mining Company, Brian D.
Schweitzer, Michael J. McMullen, George M. Bee, Patrice E. Merrin,
Lawrence Peter O'Hagan, Michael S. Parrett, Gary A. Sugar, Sibanye
Gold Limited, Thor US Holdco Inc. and Thor Mergco Inc.,
Defendants, Case No. 1:17-cv-00267-CBS (D. Colo., January 27,
2017) is brought on behalf of all public stockholders of
Stillwater Mining Company, to enjoin the proposed transaction in
which Sibanye will acquire each outstanding share of Stillwater
common stock through a flawed process and inadequate
consideration.
The Plaintiff accuse the Defendant that the individual Defendants
have locked up the Proposed Transaction and have precluded other
bidders from making successful competing offers for the Company.
The Plaintiff is represented by:
Rusty E. Glenn, Esq.
The Shuman Law Firm
600 17th Street, Suite 2800 South
Denver, CO 80202
Tel: (303) 861-3003
Fax: (303) 536-7849
Email: rusty@shumanlawfirm.com
- and -
Kip B. Shuman, Esq.
The Shuman Law Firm
Post-Montgomery Ctr.
One Montgomery Street, Ste. 1800
San Francisco, CA 94104
Tel: (303) 861-3003
Fax: (303) 536-7849
Email: kip@shumanlawfirm.com
- and -
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq.
Rigrodsky & long, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Tel: (302) 295-53-10
- and -
Richard A. Maniskas, Esq.
RM Law, P.C.
995 Old Eagle School Road, Suite 311
Wayne, PA 19087
Tel: (484) 588-5516
STINGRAY PRESSURE: "Crosby" Alleges Employee Misclassification
--------------------------------------------------------------
RYAN CROSBY, 2596 Quarry Lake Drive, Columbus, Ohio 43204,
Plaintiff, v. STINGRAY PRESSURE PUMPING, LLC c/o Statutory Agent
Corporation Service Company, 50 West Broad Street, Suite 1330
Columbus, Ohio 4321, Defendant, is a "collective action" as a
result of Defendant's alleged practices and policies of
misclassifying Plaintiff and other similarly-situated employees as
"exempt" employees, and not paying them overtime compensation at
the rate of one and one-half times their regular rate of pay for
the hours they work over 40 in a workweek, in violation of the
Fair Labor Standards Act.
Defendant is a hydraulic fracturing business performing "fracking"
operations in which water, sand, and other elements are injected
into rock formations in order to release energy resources.
Plaintiff and other similarly-situated employees were employed by
Defendant as "Field Engineers."
The Plaintiff is represented by:
Jason R. Bristol, Esq.
COHEN ROSENTHAL & KRAMER LLP
The Hoyt Block Building - Suite 400
700 West St. Clair Avenue
Cleveland, OH 44113
Phone: 216-781-7956
Fax: 216-781-8061
E-mail: jbristol@crklaw.com
- and -
Jack E. Moran, Esq.
McCARTHY, LEBIT, CRYSTAL & LIFFMAN CO., L.P.A.
101 West Prospect Ave., Suite 1800
Cleveland, OH 44115
Phone: 216-696-1422
Fax: 216-696-1210
E-mail: jem@mccarthylebit.com
SUPERIOR ELECTRICAL: Faces "Harris" Suit Over Wages and OT Pay
--------------------------------------------------------------
Warren Harris, Plaintiff, on behalf of himself and others
similarly situated v. Superior Electrical Advertising, Inc., a
California corporation and Does 1 through 50, inclusive,
Defendants, Case No. BC646838 (Cal. Super. Ct., January 23, 2017),
is brought against the Defendants for failure to pay minimum wages
and overtime compensation in violation of California Labor Code.
The Plaintiff was employed by Defendants as a non-exempt hourly
employee within the State of California.
The Plaintiff is represented by:
David Yeremian, Esq.
David Keledjian, Esq.
DAVID YEREMIAN & ASSOCIATES, INC.
535 N. Brand Blvd., Suite 705
Glendale, CA 91203
Tel: (818) 230-8380
Fax: (818) 230-0308
Email: david@yeremianlaw.com
davidk@yeremianlaw.com
- and -
Walter Haines, Esq.
UNITED EMPLOYEES LAW GROUP, PC
5500 Bolsa Ave., Suite 201
Huntington Beach, CA 92649
Tel: (310) 652-2242
Fax: (562) 256-1006
Email: walterhaines@yahoo.com
SWIFT KNITTING: Faces "Bisono" Suit Over Unpaid Wages and OT Pay
----------------------------------------------------------------
Joaquin Bisono, Plaintiff, individually and on behalf of other
similarly situated v. Swift Knitting Company Inc. (d/b/a Swift
Knitting Company) and Elena Minea, Defendants, Case No. 1:17-cv-
00479 (E.D. N.Y., January 27, 2017) seeks payment of wages and
overtime pay.
Plaintiff Bisono was employed as a textile manufacturing worker.
Defendant Swift Knitting Company is a knitting company owned by
Elena Minea, located at 17-18 Weirfield Street, Queens, New York
11385.
The Plaintiff is represented by:
Michael Faillace, Esq.
Michael Faillace & Associates, P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Tel: (212) 317-1200
Email: Faillace@employmentcompliance.com
TELENAV INC: March 2 Hearing on Motion to Dismiss Class Suit
------------------------------------------------------------
Telenav, Inc. said in its Form 10-K Report filed with the
Securities and Exchange Commission on February 2, 2017, for the
three months ended December 31, 2016, that hearing on the
Company's motion to dismiss a class action lawsuit has been set
for March 2, 2017.
On July 28, 2016, Nathan Gergetz filed a putative class action
complaint in the U.S. District Court for the Northern District of
California, alleging that Telenav violated the Telephone Consumer
Protection Act, or TCPA. The complaint purports to be filed on
behalf of a class, and it alleges that Telenav caused unsolicited
text messages to be sent to the plaintiff from July 6, 2016 to
July 26, 2016. Plaintiffs seek statutory and actual damages under
the TCPA law, attorneys' fees and costs of the action, and an
injunction to prevent any future violations.
Telenav moved to dismiss the complaint on November 21, 2016, and
that motion is scheduled for a hearing date of March 2, 2017.
"Due to the preliminary nature of this matter and uncertainties
relating to litigation, we are unable at this time to estimate the
effects of this lawsuit on our financial condition, results of
operations, or cash flows," the Company said.
Telenav, Inc., was incorporated in September 1999 in the state of
Delaware. The Company provides connected car and location-based
platform services. The Company's automotive and mobile navigation
platform allows it to deliver enhanced location-based services to
auto manufacturers, developers, and end users through various
distribution channels.
TELENETWORK: "Phillips" Seeks Overtime Pay for Unlogged Work Hours
------------------------------------------------------------------
Brittany Phillips, Amber Norenomiddlebrooks, and other similarly-
situated individuals, Plaintiff, v. Telenetwork Properties, Ltd.,
Defendant, Case No. 1:17-cv-00313, (N.D. Ga., January 26, 2017),
seeks liquidated damages, reasonable attorneys' fees and costs,
pre- and post-judgment interest and such other and further relief
for breach of contract and for violation of the Fair Labor
Standards Act.
Defendant provides contact center and business process outsourcing
services to companies where Plaintiffs worked as home-based
customer service representatives. Their official paid work time
only commenced upon logging-in the work station and ended upon
logging out. They claim overtime for pre and post work activities
such as booting the computer and technical downtime.
Plaintiff is represented by:
Victor Severin Roberts, Esq.
BARRETT & FARAHANY
1100 Peachtree Street, NE, Suite 500
Atlanta, GA 30309
Tel: (404) 214-0120
Email: severin@justiceatwork.com
- and -
Jesse L. Young, Esq.
Charles R. Ash, IV, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Tel: (248) 355-0300
Email: jyoung@sommerspc.com
crash@sommerspc.com
TG THERAPEUTICS: Faces "Wyzgoski" Suit Over Securities Action
-------------------------------------------------------------
Kenneth C. Wyzgoski, Plaintiffs, Individually and on behalf of all
other similarly situated v. TG Therapeutics, Inc., Michael S.
Weiss, Sean A. Power and Robert Niecestro, Defendants, Case No.
1:17-cv-00508 (S.D.N.Y, January 24, 2017), seeks damages against
the Defendants for misleading and materially false statement
during the class period between September 15, 2014 and October 12,
2016, both dates inclusive.
The Plaintiff accuse the Defendant that throughout the Class
Period, Defendants made false and/or misleading statements, as
well as failed to disclose material adverse facts about the
Company's business operation and business. Specifically,
Defendants made false and/or misleading statements and/or omitted
material information concerning the Genuine Phase III trial,
assuring investors it was a "best-in-class treatment" that would
be successful and offer patients a novel chemo-free treatment
option. As a result, the Company's statements were materially
false and misleading at all relevant time.
As a result of Defendants' wrongful acts and omissions and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages.
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Pomerantz LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Tel: (212) 661-1100
Fax: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
Pomerantz LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Tel: (312) 377-1181
Fax: (312) 377-1184
Email: pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
Bronstein, Gewirtz & Grossman, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Tel: (212) 697-6484
Fax: (212) 697-7296
Email: peretz@bgandg.com
TIME WARNER: Supplements Proxy Statement Amid Merger Suits
----------------------------------------------------------
Time Warner Inc. filed a supplement to its Proxy Statement in
order to avoid the risk of the Merger Litigation, the Company said
in its Form 8-K Report filed with the Securities and Exchange
Commission on February 2, 2017.
A copy of the Supplement is available at:
https://is.gd/V0EpYS
On October 22, 2016, Time Warner Inc. ("Time Warner") entered into
an Agreement and Plan of Merger (the "Merger Agreement") with AT&T
Inc., a Delaware corporation ("AT&T"), and West Merger Sub, Inc.,
a Delaware corporation and a wholly owned subsidiary of AT&T
("Corporate Merger Sub"). West Merger Sub II, LLC, a Delaware
limited liability company and a wholly owned subsidiary of AT&T
("LLC Merger Sub"), acceded to the Merger Agreement on October 28,
2016. Pursuant to the Merger Agreement, Corporate Merger Sub will
be merged with and into Time Warner, with Time Warner continuing
as the surviving company in the merger. Immediately thereafter,
subject to the terms and conditions set forth in the Merger
Agreement, Time Warner will be merged with and into LLC Merger
Sub, with LLC Merger Sub continuing as the surviving entity
(collectively, the "Transaction").
In connection with the Transaction, three putative class action
complaints have been filed in the United States District Court for
the Southern District of New York against Time Warner and its
directors. The three complaints are captioned as follows:
Collura v. Time Warner, Inc. et al., Case No. 1:17-cv-00399 (filed
January 19, 2017), Gross v. Time Warner, Inc. et al., Case No.
1:17-cv-00522 (filed January 24, 2017) and Fruchter v. Time
Warner, Inc. et al., Case No. 1:17-cv-00523 (filed January 24,
2017) (collectively, the "Merger Litigation"). The complaints,
which have been brought by alleged Time Warner stockholders,
generally allege that Time Warner's definitive proxy statement
filed with the Securities and Exchange Commission on January 9,
2017 (the "Proxy Statement") omitted certain material information
in connection with the Transaction. The complaints seek various
remedies, including injunctive relief to prevent the consummation
of the Transaction unless certain allegedly material information
is disclosed and rescissory damages in the event the Transaction
is consummated without such disclosures.
Time Warner believes that the claims asserted in the Merger
Litigation are without merit and no supplemental disclosure is
required under applicable law. However, in order to avoid the
risk of the Merger Litigation delaying or adversely affecting the
Transaction and to minimize the costs, risks and uncertainties
inherent in litigation, and without admitting any liability or
wrongdoing, Time Warner has determined to voluntarily supplement
the Proxy Statement.
"Nothing in this Current Report on Form 8-K shall be deemed an
admission of the legal necessity or materiality under applicable
laws of any of the disclosures set forth herein. To the contrary,
Time Warner specifically denies all allegations in the Merger
Litigation that any additional disclosure was or is required," the
Company said.
A special meeting of the stockholders of Time Warner is scheduled
for February 15, 2017, at 3:00 p.m. Eastern time, at Omni Atlanta
Hotel at CNN Center, 100 CNN Center, Atlanta, GA 30303, to
consider approval of the merger deal.
Defendant Time Warner, Inc. is an American multinational media and
entertainment conglomerate headquartered in New York City.
TRANSDEV SERVICES: Violates Cal. Labor Laws, "Scott" Suit Alleges
-----------------------------------------------------------------
Derrick Scott, Plaintiff, on behalf of himself, all others
similarly situated and on behalf of the general public v. Transdev
Services, Inc., Transdev North America, Inc. and Does
1-100, Defendants, Case No. RG17846786 (Cal. Super. Ct., Alameda
County, January 24, 2017), is brought against the Defendants for
failure to pay wages, overtime and provide meal periods in
violation of Labor Code.
The Plaintiff is employed as bus driver by the Defendants.
Defendants' owns, operated and manage buses, railway cars, bus
rapid transit, paratransit, taxi and shuttle services.
The Plaintiff is represented by:
William Turley, Esq.
David Mara, Esq.
Jamie Serb, Esq.
Katharine McCall, Esq.
THE TURLEY & MARA LAW FIRM, APLC
7428 Trade Street
San Diego, CA 92121
Tel: (619) 234-2833
Fax: (619) 234-4048
TRI-AXLE: Faces "Swafford" Suit Over Failure to Pay Drivers' OT
---------------------------------------------------------------
Cathy Swafford and Rick Woehlecke, on behalf of themselves and all
other persons similarly situated v. Tri-Axle, Inc., Case No. 1:17-
cv-00278-TWP-DML (S.D. Ind., January 27, 2017), is brought against
the Defendants for failure to pay dump truck driver's overtime
wages in violation of the Fair Labor Standards Act.
Tri-Axle, Inc. operates a freight shipping and trucking company
located at 11960 Hartman Dr., Edinburgh, IN 46124.
The Plaintiff is represented by:
Robert J. Hunt, Esq.
Philip J. Gibbons Jr., Esq.
GIBBONS LEGAL GROUP, P.C.
3091 E. 98th St.
Indianapolis, ID 46280
Telephone: (317) 706-1100
Facsimile: (317) 623-8503
E-mail: rob@gibbonslegalgroup.com
phil@gibbonslegalgroup.com
TROP INC: Faces "Andino" Suit Seeking to Recoup Wages Under FLSA
----------------------------------------------------------------
JESSICA MARTINEZ DE ANDINO, Individually and on behalf of others
similarly situated, Plaintiff, v. TROP, INC. d/b/a PINK PONY and
TERI GALARDI, Defendants, Case No. 1:17-cv-00301-MHC (N.D. Ga.,
January 26, 2017), seeks declaratory relief, and liquidated and
actual damages for Defendants' alleged failure to pay federally
mandated minimum wages and overtime wages to Plaintiff in
violation of the Fair Labor Standards Act.
Pink Pony is an adult entertainment nightclub. Plaintiff was
employed as entertainer.
The Plaintiff is represented by:
Paul J. Sharman, Esq.
THE SHARMAN LAW FIRM LLC
11175 Cicero Drive, Suite 100
Alpharetta, GA 30022
Phone: (678) 242-5297
Fax: (678) 802-2129
Email: paul@sharman-law.com
TRUE BLUE: Faces "Anfinson" Suit Under FLSA, Florida Laws
---------------------------------------------------------
KARIN ANFINSON, on her own behalf and others similarly situated,
Plaintiff v. TRUE BLUE OF PINELLAS, INC., and FRANCES E. WELT in
her individual capacity, Defendants, Case No. 8:17-cv-00210-EAK-
JSS (M.D. Fla., January 26, 2017), seeks to recover alleged unpaid
and also overtime wages, and other relief under the Fair Labor
Standards Act. Additionally, Plaintiff seeks minimum wages under
Article X, Section 24 of the Florida Constitution, and unpaid
wages under Chapter 448 of the Florida Statutes.
Plaintiff was employed as an hourly employee in a position that
involved running errands, arranging flowers, using the computers,
responding to the employer's text messages and receiving facsimile
transmission and working up orders for flowers.
True Blue Of Pinellas Inc. is a local florist offering same day
flower delivery.
The Plaintiff is represented by:
W. John Gadd, Esq.
LAW OFFICE OF W. JOHN GADD, P.A.
Bank of America Building
2727 Ulmerton Road - Suite 250
Clearwater, FL 33762
Phone: (727) 524-6300
Email:wjg@mazgadd
jez@mazgwld.cpm
TSI LOGISTICS: "Albury" Suit Over Unpaid Overtime Pay
-----------------------------------------------------
Bernard M. Albury, Plaintiff, and other similarly-situated
individuals v. TSI Logistics, LLC and Thomas Swidorski,
individually, Defendants, Case No. 1:17-cv-20386-DPG (S.D. Fla.,
January 27, 2017) is brought against the Defendant for failure to
pay overtime wages for all time worked in excess of 40 hours in a
workweek.
Plaintiff was employed by the Defendant as FF&E technician.
The Defendant TSI Logistics LLC is a company providing services to
the hospitality construction industry. Defendant provides,
furniture, fixture and equipment (FF&E) installation services to
hotels and restaurants.
The Plaintiff is represented by:
Zandro E. Palma, Esq.
Zandro E. Palma, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Tel: (305) 446-1500
Fax: (305) 446-1502
Email: zep@thepalmalawgroup.com
UBS FINANCIAL: "O'Brien" Action Seeks Payment of Wages
------------------------------------------------------
Rebecca O'Brien, Plaintiff, an individual, on behalf of herself
and others similarly situated v. UBS Financial Services Inc. and
Does 1 thru 50, inclusive, Defendants, Case No. BC647720 (Cal.
Super. Ct., Los Angeles County, January 24, 2017), is brought
against the Defendant for nonpayment of wages in violation of
California Labor Code.
The Plaintiff is represented by:
Eric B. Kingsley, Esq.
Liane Katzenstein Ly, Esq.
Ari J. Stiller, Esq.
Kingsley & Kingsley, APC
16133 Ventura Blvd., Suite 1200
Encino, CA 91436
Tel: (818) 990-8300
Fax: (818) 990-2903
Email: eric@kingsleykingsley.com
liane@kingsleykingsley.com
ari@kingsleykingsley.com
- and -
Walter L. Haines, Esq.
United Employees Law Group, PC
5500 Bolsa Avenue, Suite 201
Huntington Beach, CA 92649
Tel: (562) 256-1047
Fax: (562) 256-1006
Email: admin@uelglaw.com
UGI CORP: Motion for Written Opinion and Rehearing Still Pending
----------------------------------------------------------------
UGI Corporation said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 2, 2017, for the
quarterly period ended December 31, 2016, that Amerigas and UGI
Corporation's motion for written opinion and rehearing en banc
with the Florida Second District Court of Appeals is still
pending.
The Company said, "In connection with the Amerigas Partnership's
2012 acquisition of the subsidiaries of Energy Transfer Partners,
L.P. ("ETP") that operated ETP's propane distribution business
("Heritage Propane"), the Partnership became party to a class
action lawsuit that was filed against Heritage Operating, L.P. in
2005 by Alfred L. Williams, II, on behalf of himself and all
others similarly situated. The class action lawsuit alleged, among
other things, wrongful collection of tank rental payments from
legacy customers of People's Gas, which was acquired by Heritage
Propane in 2000."
"In 2010, the Florida District Court certified the class and in
January 2015, the Florida District Court awarded the class
approximately $18.0 million. In April 2016, the Partnership
appealed the verdict to the Florida Second District Court of
Appeals (the "Second DCA") and, in September 2016, the Second DCA
affirmed the verdict without opinion. Prior to the Second DCA's
action in the case, we believed that the likelihood of the Second
DCA affirming the Florida District Court's decision was remote.
"As a result of the Second DCA's actions, in September 2016, the
Partnership recorded a $15.0 million adjustment to its litigation
accrual to reflect the full amount of the award plus associated
interest. In October 2016, the Partnership filed a Motion for
Written Opinion and for Rehearing En Banc with the Second DCA,
which motions are still pending. We believe we have strong
arguments to support the aforementioned motions."
UGI Corporation is an LPG distribution company headquartered in
King of Prussia, Pennsylvania, with extensive operations in the
United States, Europe and the United Kingdom.
UGI CORP: 8th Cir. Appeal by Indirect Buyers Ongoing
----------------------------------------------------
UGI Corporation said in its Form 10-Q Report filed with the
Securities and Exchange Commission on February 2, 2017, for the
quarterly period ended December 31, 2016, that an appeal by
indirect purchaser plaintiffs remains pending in the United States
Court of Appeals for the Eighth Circuit.
The Company said, "Between May and October of 2014, more than 35
purported class action lawsuits were filed in multiple
jurisdictions against the Amerigas/UGI Corporation and a
competitor by certain of their direct and indirect customers. The
class action lawsuits allege, among other things, that the
Partnership and its competitor colluded, beginning in 2008, to
reduce the fill level of portable propane cylinders from 17 pounds
to 15 pounds and combined to persuade their common customer,
Walmart Stores, Inc., to accept that fill reduction, resulting in
increased cylinder costs to retailers and end-user customers in
violation of federal and certain state antitrust laws. The claims
seek treble damages, injunctive relief, attorneys' fees and costs
on behalf of the putative classes."
"On October 16, 2014, the United States Judicial Panel on
Multidistrict Litigation transferred all of these purported class
action cases to the Western Division of the United States District
Court for the Western District of Missouri ("District Court"). In
July 2015, the District Court dismissed all claims brought by
direct customers and all claims other than those for injunctive
relief brought by indirect customers. The direct customers filed
an appeal with the United States Court of Appeals for the Eighth
Circuit ("Eighth Circuit") and in August 2016, the Eighth Circuit
affirmed the District Court's dismissal of the direct customer's
claims against the Partnership/UGI Corporation.
"The direct customers filed a petition requesting an en banc
review of the Eighth Circuit, which was granted. The indirect
customers filed an amended complaint with the District Court
claiming injunctive relief and state law claims under Wisconsin,
Maine and Vermont law.
"In September 2016, the District Court dismissed the amended
complaint in its entirety. The indirect purchasers appealed this
decision to the Eighth Circuit; this appeal has been stayed
pending the en banc review of the direct purchasers' claims.
"On July 21, 2016, several new indirect purchaser plaintiffs filed
an antitrust class action lawsuit against the Partnership in the
Western District of Missouri. This new indirect purchaser class
action lawsuit was dismissed in September 2016 and certain
indirect purchaser plaintiffs appealed this decision,
consolidating their appeal with the indirect purchaser appeal
still pending in the Eighth Circuit.
"We are unable to reasonably estimate the impact, if any, arising
from such litigation. We believe we have strong defenses to the
claims and intend to vigorously defend against them."
UGI Corporation is an LPG distribution company headquartered in
King of Prussia, Pennsylvania, with extensive operations in the
United States, Europe and the United Kingdom.
UNIGROUP INC: "Judge" Labor Lawsuit Transferred to M.D. Fla.
------------------------------------------------------------
The case captioned JACK JUDGE, individually and on behalf of those
similarly situated, Plaintiff, v. UNIGROUP, INC., MAYFLOWER
TRANSIT, LLC, and UNITED VAN LINES, LLC., Defendant, Case No.
8:17-cv-00201-SDM-TBM (N.D. Ill., June 30, 2016) was transferred
from the U.S. District Court for the Northern District of Illinois
to the U.S. District Court for the Middle District of Florida and
assigned Case Number 1:16-cv-06884:
The suit asserts a Fair Labor Standards Act Claim for unpaid
minimum wages of moving van operators of household and commercial
goods employed by Defendants UniGroup, Inc. and its subsidiaries
Mayflower Transit, LLC, and United Van Lines LLC.
Mayflower Transit, LLC and United Van Lines, LLC are two of the
largest moving companies in the United States.
The Plaintiff(s) is represented by:
Andrew Arthur Schmidt, Esq.
ANDREW SCHMIDT LAW PLLC
97 India Street
Portland, ME 04101
Phone: (202) 619-0320
E-mail: andy@maineworkerjustice.com
- and -
Matthew J. Piers, Esq.
HUGHES SOCOL PIERS RESNICK & DYM LTD.
70 West Madison Street, Suite 4000
Chicago, IL 60602
Phone: (312) 580-0100
Fax: (312) 580-1994
E-mail: mpiers@hsplegal.com
- and -
Caryn Cecelia Lederer, Esq.
HUGHES SOCOL PIERS RESNICK & DYM LTD.
Three First National Plaza
70 W Madison Street, Suite 4000
Chicago, IL 60657
Phone: (312) 604-2622
Fax: (312) 604-2623
E-mail: clederer@hsplegal.com
- and -
Defendant(s) is represented by:
Kyle Anne Petersen, Esq.
Cheryl A. Luce, ESq.
SEYFARTH SHAW LLP
131 South Dearborn Street, Suite 2400
Chicago, IL 60603
Phone: (312) 460-7500
E-mail: kpetersen@seyfarth.com
E-mail: CLuce@seyfarth.com
- and -
Noah A. Finkel, Esq.
SEYFARTH SHAW, LLP
131 S Dearborn St Ste 2400
Chicago, IL 60603
Phone: (312) 460-5000
Fax: (312) 460-7000
E-mail: nfinkel@seyfarth.com
UNION PACIFIC: Motion for Class Certification Underway
------------------------------------------------------
Union Pacific Corporation said in its Form 10-K Report filed with
the Securities and Exchange Commission on February 2, 2017, for
the fiscal year ended December 31, 2016, that Union Pacific is
still waiting for the result of the hearing on the motion for
class certification.
The Company said, "20 rail shippers (many of whom are represented
by the same law firms) filed virtually identical antitrust
lawsuits in various federal district courts against us and four
other Class I railroads in the U.S. Currently, UPRR and three
other Class I railroads are the named defendants in the lawsuit.
The original plaintiff filed the first of these claims in the U.S.
District Court in New Jersey on May 14, 2007. The number of
complaints reached a total of 30. These suits allege that the
named railroads engaged in price-fixing by establishing common
fuel surcharges for certain rail traffic."
"In addition to suits filed by direct purchasers of rail
transportation services, a few of the suits involved plaintiffs
alleging that they are or were indirect purchasers of rail
transportation and sought to represent a purported class of
indirect purchasers of rail transportation services that paid fuel
surcharges. These complaints added allegations under state
antitrust and consumer protection laws.
"On November 6, 2007, the Judicial Panel on Multidistrict
Litigation ordered that all of the rail fuel surcharge cases be
transferred to Judge Paul Friedman of the U.S. District Court in
the District of Columbia for coordinated or consolidated pretrial
proceedings. Following numerous hearings and rulings, Judge
Friedman dismissed the complaints of the indirect purchasers,
which the indirect purchasers appealed. On April 16, 2010, the
U.S. Court of Appeals for the District of Columbia affirmed Judge
Friedman's ruling dismissing the indirect purchasers' claims based
on various state laws.
"On October 2, 2014, the plaintiffs informed Judge Friedman that
their economic expert had a previously undisclosed conflict of
interest. Judge Friedman ruled on November 26, 2014, that the
plaintiffs had until April 1, 2015, to file a supplemental expert
report to support their motion for class certification. The
plaintiffs filed their supplemental expert report on April 1,
2015.
Judge Friedman issued a scheduling order on June 19, 2015,
scheduling a class certification hearing for November 2, 2015.
Judge Friedman then vacated the hearing date in an Order on
September 28, 2015 because of the potential impact resulting from
the decision of the U.S. Supreme Court case, Tyson Foods v.
Bouaphakeo, related to class action certification and damages.
"The U.S. Supreme Court issued a decision in that case on March
22, 2016. After reviewing the Supreme Court's decision and
related briefings from the parties, Judge Friedman issued an order
scheduling the class certification hearing for the week of
September 26, 2016, which was conducted as scheduled. The parties
are awaiting the results of that hearing."
Union Pacific Corporation (UPC) operates through its principal
operating subsidiary, Union Pacific Railroad Company. Union
Pacific Railroad (UPRR) links 23 states in the western two-thirds
of the country by rail. UPRR's business mix includes Agricultural
Products, Automotive, Chemicals, Coal, Industrial Products and
Intermodal.
UNITED STATES: Dept of Homeland Security Faces "Azis" Suit
----------------------------------------------------------
Tareq Aqel Mohammed Aziz, et al., Plaintiff, on behalf of
themselves and others similarly situated v. Donald Trump,
President of the United States, U.S. Department of Homeland
Security ("DHS"), U.S. Customs and Border Protection ("CBP"), John
Kelly, Secretary of DHS, Kevin K. McAlleenan, Acting Commissioner
of CBP, Wayne Biondi, Customs and Border Protection (CBP) Port
Director of the Area Port of Washington Dulles and Eight Unnamed
CBP Agents at Dulles Airport , Defendants, Case No. 1:17-cv-00116-
LMB-TCB (E.D. Va., January 30, 2017) seeks declaratory and
injunctive relief.
The complaint says that Tareq and Ammar signed papers because
agents or employees of respondents misrepresented that, if they
failed to sign them, that they would be ineligible for entry to
the United States for a period of at least five years. That
representation was not true.
The Plaintiff is represented by:
Simon Y. Sandoval-Moshenberg, Esq.
Mary Bauer, Esq.
Rebecca Wolozin, Esq.
Elaine Poon, Esq.
Legal Aid Justice Center
6066 Leesburg Pike #520
Falls Church, VA 22041
Tel: (703) 720-5605
Email: simon@justice4all.org
mary@justice4all.org
becky@justice4all.org
elaine@justice4all.org
- and -
Adrew J. Pincus, Esq.
Paul W. Hughes, Esq.
Mayer Brown LLP
1999 K Street, N.W.
Washington, D.C. 20006
Tel: (202) 263-2000
Email: apincus@mayerbrown.com
phughes@mayerbrown.com
UNIVERSAL AMERICAN: Sued in Del. Over Proposed Sale to WellCare
---------------------------------------------------------------
Paul Parshall, individually and on behalf of all others similarly
situated v. Universal American Corp., Richard A. Barasch, Sally W.
Crawford, Matthew W. Etheridge, Mark K. Gormley, Mohit Kaushal,
Patrick J. McLaughlin, Wellcare Health Plans, Inc., and Wind
Merger Sub, Inc., Case No. 1:17-cv-00077-UNA (D. Del., January 27,
2017), is brought on behalf of all public stockholders of
Universal American, to enjoin the proposed transaction announced
on November 17, 2016, pursuant to which Universal American Corp.
will be acquired by WellCare Health Plans, Inc. and Wind Merger
Sub, Inc. through a flawed process and inadequate consideration
under which shareholders of Universal American will receive $10.00
per share in cash.
Universal American Corp. is a Delaware corporation that provides
health benefits to individuals covered by Medicare.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
995 Old Eagle School Road, Suite 311
Wayne, PA 19087
Telephone: (484) 588-5516
USA TRANSPORTATION: "Moutrey" Suit Seeks Overtime Pay, Damages
---------------------------------------------------------------
John Moutrey, and all others similarly situated, Plaintiff, v.
Fort Lauderdale Transportation, Inc. d/b/a USA Transportation
Services and Michael Solomon, Defendants, Case No. 0:17-cv-60211,
(S.D. Fla., January 26, 2017), seeks unpaid overtime compensation,
liquidated damages, costs and reasonable attorney's fees pursuant
to Fair Labor Standards Act.
Fort Lauderdale Transportation, Inc. operates as USA
Transportation Services, a transportation company providing
chauffeuring services where Solomon worked as a chauffer.
Plaintiff worked substantial overtime for which he was not
compensated for.
Plaintiff is represented by:
Nory M. Acosta-Lopez, Esq.
BARAKAT LAW, P.A.
2701 Ponce De Leon Boulevard, Suite 202
Coral Gables, FL 33134
Telephone: (305) 444-3114
Facsimile: (305) 444-3115
VASCULAR SOLUTIONS: Sued in Minn. Over Proposed Teleflex Merger
---------------------------------------------------------------
Paul Parshall, individually and on behalf of all others similarly
situated v. Vascular Solutions, Inc., John Erb, Howard Root,
Martin Emerson, Richard Kramp, Richard Nigon, Paul O'Connell,
Jorge Saucedo, Teleflex Incorporated, and Violet Merger Sub Inc.,
Case No. 0:17-cv-00272-DWF-KMM (D. Minn., January 27, 2017), is
brought on behalf of all public stockholders of Vascular Solutions
to enjoin the proposed transaction under which Vascular Solutions,
Inc. will be acquired by Teleflex Incorporated and Violet Merger
Sub Inc. through a flawed process and inadequate consideration in
which shareholders will receive $56.00 per share in cash.
Vascular Solutions, Inc. is an innovative medical device company
that focuses on developing unique clinical solutions for coronary
and peripheral vascular procedures.
The Plaintiff is represented by:
Gregg Fishbein, Esq.
Kate M. Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue S, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
E-mail: gmfishbein@locklaw.com
kmbaxter-kauf@locklaw.com
- and -
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
995 Old Eagle School Road, Suite 311
Wayne, PA 19087
Telephone: (484) 588-5516
E-mail: rm@maniskas.com
WESTERN REFINING: Faces "Shomberg" Suit Over Teroso Merger
----------------------------------------------------------
Joseph Shomberg, individually and on behalf of all others
similarly situated, Plaintiff, v. Paul L. Foster, Sigmund L.
Cornelius, L. Frederick Francis, Robert J. Hassler, Brian J.
Hogan, Jeff A. Steven, Scott D. Waever, Western Refining, Inc.,
Tesoro Corporation, Tahoe Merger Sub 1, Inc. and Tahoe Merger Sub
2, LLC, Defendants, Case No. 3:17-cv-00014 (W.D. Tex., January 12,
2017), claims that the proposed merger between Western and Teroso
is unfair because, as part of the Merger Agreement, the Board
agreed to certain onerous and preclusive deal protection devices
that operate conjunctively to make the proposed transaction a fait
accompli and ensure that no successful competing offers will
emerge for the Company.
The Plaintiff is represented by:
Thomas E. Bilek, Esq.
THE BILEK LAW FIRM, L.L.P.
700 Louisiana, Suite 3950
Houston, TX 77002
Tel: (713) 227-7720
Email: tbilek@bileklaw.com
- and -
Daniel Kuznicki, Esq.
Brower Piven, APC
475 Park Avenue South, 33rd Floor
New York, NY
Tel: (212) 501-9000
WESTERN UNION: "Herman" Suit Alleges Securities Act Violations
--------------------------------------------------------------
MARTIN HERMAN, Individually and on behalf of all others similarly
situated, Plaintiff, v. THE WESTERN UNION COMPANY, HIKMET ERSEK,
SCOTT T. SCHEIRMAN, and RAJESH K. AGRAWAL, Defendants, Case No.
2:17-cv-00650 (C.D. Cal., January 26, 2017), accuses the
Defendants of violating the U.S. Securities and Exchanges Act in
relation to its regulatory disclosures about fraud-induced money
transfers.
Defendant Western Union Company provides money movement and
payment services worldwide.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Phone: (213) 785-2610
Fax: (213) 226-4684
Email: lrosen@rosenlegal.com
WONG CHONG'S: "Santos" Suit Seeks to Recover Unpaid Wages
---------------------------------------------------------
Nelson I. Santos and other similarly-situated individuals v.
Wong Chong's Happy Days Restaurant, Inc. d/b/a Far East Cafe, Kam
Siu De-Wong and Wai L Wong, Case No. 1:17-cv-20388-FAM (S.D. Fla.,
January 27, 2017), seeks to recover money damages for delivery
driver's unpaid minimum and overtime wages under the Fair Labor
Standards Act.
The Defendants own and operate a restaurant in Miami-Dade County,
Florida.
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
WORLDWIDE FLIGHT: Portillo Alleges Cal. Labor Code Violations
-------------------------------------------------------------
Ronald Portillo, Plaintiff, individually and on behalf of all
others similarly situated v. Worldwide Flight Services, Inc., a
Delaware corporation and Does 1 through 50, inclusive, Defendants,
Case No. BC648463 (Cal. Super. Ct., Los Angeles County, January
26, 2017), is brought against the Defendant for failure to provide
meal period, authorized and permit rest periods, pay minimum
wages, pay overtime wages and unlawful business practices pursuant
to California Labor Code.
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Dalia Khalili, Esq.
Matern Law Group, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Tel: (310) 531-1900
Fax: (310) 531-1901
Email: mmatern@maternlawgroup.com
dkhalili@maternlawgroup.com
Asbestos Litigation
ASBESTOS UPDATE: Cal. App. Ct. Junks "Take Home" Suit
-----------------------------------------------------
Billy Johnson sued a number of automotive parts manufacturers for
injuries alleged to have been caused by secondary exposure to
asbestos or asbestos-containing materials. Johnson alleged he
suffered this exposure from asbestos contamination brought into
his home by his father, a mechanic, and from asbestos released
from the mechanical components during times he visited his father
at work. The defendant manufacturers moved for summary judgment,
arguing Johnson did not have and could not obtain evidence that he
or his father were exposed to asbestos from their products. The
trial court granted summary judgment.
The Court of Appeals of California, First District, Division Five,
affirmed. The Court of Appeals stated that it shares the Supreme
Court's expressed concern about preventing an "unprecedented
expansion of strict products liability" based on other
manufacturers' asbestos-containing products.
"Were we to accept Johnson's argument, by logical extension, every
vehicle produced by any manufacturer during the period before
nonasbestos friction materials became generally available would be
considered a defective product simply by virtue of incorporation
of, or specification of, asbestos-containing materials in third
party component parts. As the Supreme Court stated, "the reach of
strict liability is not limitless,"" the Court of Appeals held.
"We decline Johnson's invitation to take this "unprecedented"
step," the Court of Appeals added.
The appeals case is BILLY S. JOHNSON, Plaintiff and Appellant, v.
ARVINMERITOR et al., Defendants and Respondents, No. A131975 (Cal.
App.).
A full-text copy of the Decision dated February 2, 2017, is
available at https://is.gd/63JY6F from Leagle.com.
ASBESTOS UPDATE: Trane Ordered to Produce Rep. in "Storer"
----------------------------------------------------------
In the case captioned MARTHA DENMON STORER, ET AL., v. CROWN CORK
& SEAL COMPANY, ET AL., Civil Action No. 14-2488 (W.D. La.),
Magistrate Judge Karen L. Hayes of the United States District
Court for the Western District of Louisiana, Shreveport Division,
granted a third motion to compel Trane US, Inc.'s Rule 30(b)(6)
deposition, and for costs filed by plaintiffs, Martha Denmon
Storer, et al.
Trane is ordered to produce one or more representatives fully
prepared to discuss all of the 30(b)(6) deposition matters noticed
by the plaintiffs, including the efforts made to research those
matters. The deposition will be held in Austin, Texas, upon a
date mutually agreeable to all parties, but, in any event, no
later than 60 days after the date of this order.
A full-text copy of Memorandum Order dated January 31, 2017, is
available at https://is.gd/tPhDot from Leagle.com.
Martha Denmon Storer, Plaintiff, represented by John S. Odom, Jr.,
Jones Odom.
Martha Denmon Storer, Plaintiff, represented by Scott M. Hendler,
Hendler Lyons & Flores, pro hac vice & Michael J. Brickman,
Richardson Patrick Westbrook, pro hac vice.
Craig Storer, Plaintiff, represented by John S. Odom, Jr., Jones
Odom, Scott M. Hendler, Hendler Lyons & Flores, pro hac vice &
Michael J. Brickman, Richardson Patrick Westbrook, pro hac vice.
Mark Storer, Plaintiff, represented by John S. Odom, Jr., Jones
Odom, Scott M. Hendler, Hendler Lyons & Flores, pro hac vice &
Michael J. Brickman, Richardson Patrick Westbrook, pro hac vice.
Laurie Storer, Plaintiff, represented by John S. Odom, Jr., Jones
Odom, Scott M. Hendler, Hendler Lyons & Flores, pro hac vice &
Michael J. Brickman, Richardson Patrick Westbrook, pro hac vice.
Sheryl Storer, Plaintiff, represented by John S. Odom, Jr., Jones
Odom, Scott M. Hendler, Hendler Lyons & Flores, pro hac vice &
Michael J. Brickman, Richardson Patrick Westbrook, pro hac vice.
Crown Cork & Seal Co Inc, Defendant, represented by Michael D.
Lonegrass, Galloway Johnson et al, Richard G. Duplantier, Jr.,
Galloway Johnson et al & Scott M. Raney, Sr., Galloway Johnson et
al.
Crane Co, Defendant, represented by Aleta W. Barnes, Dogan &
Wilkinson, Barry Clayton Campbell, Dogan & Wilkinson & David R.
Frohn, Manion Gaynor & Manning.
Honeywell International Inc, Defendant, represented by Glenn B.
Adams, Porteous Hainkel & Johnson, James E. Johnson, Porteous
Hainkel & Johnson, Leandro Ryan Area, Porteous Hainkel & Johnson &
Nancy L. Cromartie, Porteous Hainkel & Johnson.
I T T Corp, Defendant, represented by Lauren Ann McCulloch, Morgan
Lewis & Bockius.
Trane U S Inc, Defendant, represented by Joseph B. Morton, III,
Maron Marvel et al, McNeil James Kemmerly, Richard Muncie Crump,
Maron Marvel et al & Shelley Kathryn Napolitano, Maron Marvel et
al.
ASBESTOS UPDATE: Insurer Has No Duty Towards Worker
---------------------------------------------------
In the case captioned JESSE FRANK SHEPPARD, v. LIBERTY MUTUAL
INSURANCE COMPANY, ET AL., SECTION "R" (3), Civil Action No. 16-
2401 (E.D. La.), Liberty Mutual Insurance Company, in its
individual capacity, moves for summary judgment on the grounds
that plaintiff Jesse Frank Sheppard has failed to show that
Liberty Mutual had any duty towards Sheppard.
During Sheppard's tenure at Mosaic, Liberty Mutual Insurance
Company issued several worker's compensation/employer's liability
and comprehensive general liability policies to Mosaic. In his
complaint, Sheppard alleges that Liberty Mutual "knew or should
have known of the hazardous health effects of asbestos, but failed
to inform or intentionally concealed that information from Mr.
Sheppard and his co-employees." Liberty Mutual now moves for
summary judgment on these claims on the grounds that Sheppard has
failed to meet his burden to show that Liberty Mutual had any duty
towards Sheppard.
Judge Sarah S. Vance of the United States District Court for the
Eastern District of Louisiana granted Liberty Mutual's motion.
Judge Vance held, "As an initial matter, the Court reiterates that
Sheppard, as the plaintiff, has the burden to show that Liberty
Mutual had the duty alleged. Merely poking holes in Liberty
Mutual's arguments against a duty will not suffice. As to
Sheppard's first argument, he merely points out that the specific
policy jackets have been lost. But he points to no evidence
tending to contradict Ginsburg's account that Liberty Mutual
included form policy jackets with all of its policies. Sheppard
therefore cannot meet his burden to show that these provisions do
not serve to negate Liberty Mutual's purported duty."
Judge Vance added, "Sheppard's second argument is unpersuasive
because he fails to meaningfully distinguish Liberty Mutual's
involvement in Mosaic's safety operation from the relationships at
issue in Heath, Kennard, and Taylor. Sheppard relies heavily on a
single statement from Gerald Becker, Mosaic's former safety
director, that Liberty Mutual was "very involved" and "a big part"
of Mosaic's safety systems. Despite this characterization, Becker
describes Liberty Mutual's role as simply performing periodic
inspections and making safety-related suggestions to Mosaic.
Similarly, letters and memos from Liberty Mutual describing the
results of inspections and providing guidance on safety procedures
are communications that naturally arise out of an inspection and
do not serve to distinguish this case from the many cases finding
no duty on the part of the inspecting insurer."
"Finally, Mosaic, on behalf of Sheppard, argues that Liberty
Mutual's CGL policies are "not the subject of summary judgment"
and argues that this fact precludes summary judgment. This
argument, once again, misapprehends Sheppard's burden in this
case. Neither Sheppard nor Mosaic present any authority or
evidence to suggest that these CGL polices give rise to a duty.
Even if Sheppard did make such an argument, Liberty Mutual
provides evidence that these policies included similar inspection
provisions to those found in the worker's compensation policies.
This argument is therefore unavailing," Judge Vance concluded.
A full-text copy of the Order and Reasons dated January 30, 2017,
is available at https://is.gd/YYhE4s from Leagle.com.
Jesse Frank Sheppard, Plaintiff, represented by Gerolyn Petit
Roussel, Roussel & Clement.
Jesse Frank Sheppard, Plaintiff, represented by Benjamin Peter
Dinehart, Roussel & Clement, Jonathan Brett Clement, Roussel &
Clement, Lauren Roussel Clement, Roussel & Clement & Perry Joseph
Roussel, Jr., Roussel & Clement.
Liberty Mutual Insurance Company, Defendant, represented by Leigh
Ann Tschirn Schell, Kuchler Polk Schell Weiner & Richeson, LLC,
Joseph Henry Hart, IV, Kuchler Polk Schell Weiner & Richeson, LLC,
Lori Allen Waters, Kuchler Polk Schell Weiner & Richeson, LLC,
Magali Ann Puente-Martin, Frilot L.L.C., Skylar B. Rudin, Kuchler
Polk Schell Weiner & Richeson, LLC & Thomas A. Porteous, Kuchler
Polk Schell Weiner & Richeson, LLC.
Louisiana Insurance Guaranty Association, Defendant, represented
by Edwin Scott Hackenberg, Henchy, Verbois & Hackenberg LLC.
Reilly-Benton Company, Inc., Defendant, represented by Thomas L.
Cougill, Willingham Fultz & Cougill, Jamie M. Zanovec, Willingham
Fultz & Cougill, Jeanette Seraile-Riggins, Manion Gaynor Manning
LLP, Jennifer H. McLaughlin, Willingham Fultz & Cougill & Jennifer
D. Zajac, Willingham Fultz & Cougill.
Taylor-Seidenbach, Inc., Defendant, represented by Christopher
Kelly Lightfoot, Hailey, McNamara, Hall, Larmann & Papale, Edward
J. Lassus, Jr., Hailey, McNamara, Hall, Larmann & Papale & Richard
J. Garvey, Jr., Hailey, McNamara, Hall, Larmann & Papale.
Union Carbide Corporation, Defendant, represented by Deborah
DeRoche Kuchler, Kuchler Polk Schell Weiner & Richeson, LLC,
McGready Lewis Richeson, Kuchler Polk Schell Weiner & Richeson,
LLC, Ernest G. Foundas, Kuchler Polk Schell Weiner & Richeson,
LLC, Francis Xavier deBlanc, III, Kuchler Polk Schell Weiner &
Richeson, LLC, Melissa M. Desormeaux, Kuchler Polk Schell Weiner &
Richeson, LLC, Michael H. Abraham, Kuchler Polk Schell Weiner &
Richeson, LLC, Milele N. St. Julien, Kuchler Polk Schell Weiner &
Richeson, LLC, Perrey S. Lee, Kuchler Polk Schell Weiner &
Richeson, LLC, Samuel L. Burk, Kuchler Polk Schell Weiner &
Richeson, LLC, pro hac vice & Trevor Matthew Cutaiar, Mouledoux,
Bland, Legrand & Brackett, LLC.
Montello, Inc., Defendant, represented by McGready Lewis Richeson,
Kuchler Polk Schell Weiner & Richeson, LLC, Ernest G. Foundas,
Kuchler Polk Schell Weiner & Richeson, LLC, Francis Xavier
deBlanc, III, Kuchler Polk Schell Weiner & Richeson, LLC, Milele
N. St. Julien, Kuchler Polk Schell Weiner & Richeson, LLC, Perrey
S. Lee, Kuchler Polk Schell Weiner & Richeson, LLC & Samuel L.
Burk, Kuchler Polk Schell Weiner & Richeson, LLC, pro hac vice.
Riley Power, Inc., Defendant, represented by Jennifer E. Adams,
Deutsch Kerrigan LLP, Arthur Wendel Stout, III, Deutsch Kerrigan
LLP, Barbara Bourgeois Ormsby, Deutsch Kerrigan LLP, Marc John
Bitner, Deutsch Kerrigan LLP & William Claudy Harrison, Jr.,
Deutsch Kerrigan LLP.
General Electric Company, Defendant, represented by John Joseph
Hainkel, III, Frilot L.L.C., Thomas A. Bickers, Paine Bickers LLP,
pro hac vice, Angela M. Bowlin, Frilot L.L.C., James H. Brown,
Jr., Frilot L.L.C., John Willard Elder, Paine Bickers LLP, pro hac
vice, John A. Heller, Sidley Austin, LLP, Kelsey A. Eagan, Frilot
L.L.C., Meredith K. Keenan, Frilot L.L.C. & Peter R. Tafaro,
Frilot L.L.C..
Uniroyal Holding, Inc., Defendant, represented by Mary Reeves
Arthur, Forman, Watkins, & Krutz, LLP, Jason K. Elam, Forman,
Watkins & Kurtz LLP & Katherine Weatherly Emma Trotter, Forman,
Watkins & Krutz LLP.
Chevron Phillips Chemical Company, LP, Defendant, represented by
Diana Cole Surprenant, Adams & Reese, LLP, Kathleen F. Drew, Adams
& Reese, LLP, Alex E. Cosculluela, Adams & Reese, LLP & David M.
Stein, Adams & Reese, LLP.
Liberty Mutual Insurance Company, Defendant, represented by H.
Minor Pipes, III, Barrasso,Usdin, Kupperman, Freeman & Sarver,
LLC, Joseph Henry Hart, IV, Kuchler Polk Schell Weiner & Richeson,
LLC, Kimberly R. Silas, Barrasso,Usdin, Kupperman, Freeman &
Sarver, LLC, Skylar B. Rudin, Kuchler Polk Schell Weiner &
Richeson, LLC & Susan Muller Rogge, Barrasso,Usdin, Kupperman,
Freeman & Sarver, LLC.
ASBESTOS UPDATE: Grinnell Dropped as Defendant in "Nesslein"
------------------------------------------------------------
Judge Otis D. Wright, II, of the United States District Court for
the Central District of California approved the Joint Stipulation
to Dismiss the action styled CLARENCE LEO NESSLEIN and JANE
NESSLEIN, Plaintiffs, v. AIR & LIQUID SYSTEMS CORPORATION, et al.,
Defendants, Case No. 2:16-cv-08858-ODW-RAO (C.D. Calif.), as to
Defendant Grinnell LLC (erroneously sued as Grinnell LLC, f/k/a
Grinnell Corporation, sued individually and as successor in
interest to Grinnell Fire Protection Systems Company, Inc.).
A full-text copy of the Order dated January 31, 2017, is available
at https://is.gd/wiGEQz from Leagle.com.
Clarence Leo Nesslein, Plaintiff, represented by Randa Farid
Ezzat, Napoli Shkolnik PLLC.
Clarence Leo Nesslein, Plaintiff, represented by Tammy Barcenilla,
Napoli Shkolnik PLLC.
Janet Nesslein, Plaintiff, represented by Randa Farid Ezzat,
Napoli Shkolnik PLLC & Tammy Barcenilla, Napoli Shkolnik PLLC.
Air & Liquid Systems Corporation, Defendant, represented by James
G. Scadden, Gordon and Rees LLP & Glen R. Powell, Gordon and Rees
LLP.
Armstrong International Inc., Defendant, represented by Sonja E.
Blomquist, Low Ball and Lynch & Catherine E. Golden, Low Ball and
Lynch.
CBS Corporation, Defendant, represented by Francis D. Pond, Pond
North LLP, Gavin D. Whitis, Pond North LLP, Justin F. Cronin, Pond
North LLP & Kevin D. Jamison, Pond North LLP.
Crane Co., Defendant, represented by Geoffrey M. Davis, K and L
Gates LLP.
Eaton Electrical Corporation, Defendant, represented by Robert H.
Baronian, Prindle Amaro Goetz Hillyard Barnes and Reinholtz LLP &
Michael John Olds, Prindle Amaro Goetz Hillyard Barnes and
Reinholtz LLP.
General Electric Company, Defendant, represented by Francis D.
Pond, Pond North LLP, Gavin D. Whitis, Pond North LLP, Justin F.
Cronin, Pond North LLP & Kevin D. Jamison, Pond North LLP.
Goulds Pumps, Inc., Defendant, represented by Joseph Duffy, Morgan
Lewis and Bockius LLP & Taylor C. Day, Morgan Lewis and Bockius
LLP.
IMO Industries Co., Defendant, represented by Bobbie Rae Bailey,
Leader and Berkon LLP, Amy Zumsteg, Leader and Berkon LLP & Ketul
D. Patel, Leader and Berkon LLP.
Ingersoll Rand Company, Defendant, represented by Arpi Galfayan,
Prindle Amaro Goetz Hillyard Barnes and Reinholtz LLP & Carla Lynn
Crochet, Prindle Goetz Barnes and Reinholtz LLP.
ITT Industries Inc., Defendant, represented by Joseph Duffy,
Morgan Lewis and Bockius LLP.
John K. Bice, Inc., Defendant, represented by Alexander Paul
Catalona, Becherer Kannett & Schweitzer, Julie E. Hayashida,
Becherer Kannett and Schweitzer, Mark S. Kannett, Becherer Kannett
and Schweitzer & Canon T. Young, Becherer Kannett and Schweitzer.
Metalclad Insulation, LLC, Defendant, represented by Julia M.
Beckley, Dentons US LLP.
Rockwell Automoation, Inc., Defendant, represented by Anthony Dean
Brosamle, Tucker Ellis LLP.
Rockwell Automoation, Inc., fDefendant, represented by Nicole
Elisabet Gage, Tucker Ellis LLP.
Rockwell Automoation, Inc., Defendant, represented by Valeria
Golodnitska, Tucker Ellis LLP.
Square D. Company, Defendant, represented by Michele C. Barnes, K
and L Gates LLP & Jonathan Theonugraha, K&L Gates LLP.
Union Carbide Corporation, -, Defendant, represented by Farah
Sohaili Nicol, Polsinelli LLP, Ryan S. Landis, Polsinelli LLP,
Stephen M. Nichols, Polsinelli LLP & Stephanie L. Bowlby,
Polsnielli LLP.
Warren Pumps, LLC, Defendant, represented by James G. Scadden,
Gordon and Rees LLP & Glen R. Powell, Gordon and Rees LLP.
Square D. Company, Cross Claimant, represented by Jonathan
Theonugraha, K&L Gates LLP.
ASBESTOS UPDATE: Libby Victim's Suit Remanded to State Court
------------------------------------------------------------
Judge Brian Morris of the United States District Court for the
District of Montana, Great Falls Division, adopted in full
Magistrate Judge Johnston's Findings and Recommendations and
granted the Motion to Remand to the Eighth Judicial District of
the State of Montana the case captioned TIMOTHY S. McDOWELL,
Personal Representative of the Estate of SUSAN K. McDOWELL,
Deceased, Plaintiff, v. BURLINGTON NORTHERN SANTA FE RAILWAY
COMPANY, a Delaware for Profit Corporation; BURLINGTON NORTHERN
RAILROAD COMPANY, a Delaware for Profit Corporation; GREAT
NORTHERN RAILWAY COMPANY, a Corporation for Profit; ROBINSON
INSULATION COMPANY, a Montana Corporation; STATE OF MONTANA, a
Governmental Entity; LIBBY SCHOOL DISTRICT #4, ASA WOOD ELEMENTARY
SCHOOL; and DOES A-Z, Inclusive; Defendants, No. CV 16-67-BMM-JTJ
(D. Mont.).
Plaintiff, Timothy McDowell, is the surviving spouse of Susan
McDowell and acts as personal representative of her estate. Mrs.
McDowell lived and attended school in Libby, Montana. The
Plaintiff alleges that she was exposed to hazardous quantities of
asbestos-contaminated vermiculite that was discarded from railcars
as BNSF transported the material from a mine near Libby, through
the community, and on to various destinations throughout the
United States. The Plaintiff alleges that one of the locations
where Mrs. McDowell came into contact with asbestos-contaminated
vermiculite was at her school, Asa Wood Elementary School.
Judge Morris held that BNSF has failed to show that the State of
Monatana is not a party to this action and that the Plaintiff did
not improperly join the State. Exceptions for nominal party and
fraudulent misjoinder do not apply here, Judge Morris said.
Diversity in this case does not exist, therefore, the court does
not have subject matter jurisdiction, the judge concluded.
A full-text copy of the Order dated January 30, 2017, is available
at https://is.gd/yyr6X9 from Leagle.com.
Timothy S. McDowell, Plaintiff, represented by Mark Kovacich,
LEWIS SLOVAK KOVACICH.
Timothy S. McDowell, Plaintiff, represented by Michael J. George,
MICHAEL J. GEORGE, P.C., Ross Thomas Johnson, LEWIS SLOVAK
KOVACICH and MARR & Tom L. Lewis, LEWIS SLOVAK KOVACICH and MARR.
Burlington Northern Santa Fe Railway Company, efendant,
represented by Anthony Michael Nicastro, HALL & EVANS, LLC & Cash
K. Parker, HALL & EVANS, LLC.
Burlington Northern Santa Fe Railway Company, Defendant,
represented by Chad M. Knight, HALL & EVANS, LLC, Frank Leone,
HOLLINGSWORTH LLP, pro hac vice, Joe G. Hollingsworth,
HOLLINGSWORTH LLP, pro hac vice & Robert E. Johnston,
HOLLINGSWORTH LLP.
Burlington Northern Railroad Company, Defendant, represented by
Anthony Michael Nicastro, HALL & EVANS, LLC & Cash K. Parker, HALL
& EVANS, LLC.
State of Montana, Defendant, represented by Dale R. Cockrell,
MOORE, COCKRELL, GOICOECHEA & JOHNSON, P.C.
ASBESTOS UPDATE: Travelers Directed to Produce Insurance Files
--------------------------------------------------------------
On January 6, 2012, ITT Corporation and Goulds Pumps Inc.
commenced a lawsuit against Travelers Casualty and Surety Company,
formerly known as Aetna Casualty and Surety Company, with respect
to 19 Excess Overlayer Indemnity policies ["XN policies"] issued
to ITT with more than $245 million in coverage and two XN excess
insurance policies issued to Goulds with more than $50 million in
coverage. The plaintiffs allege that the defendant has changed
its interpretation of the XN policies to constructively eliminate
the coverage afforded to the plaintiffs under their XN policies.
The complaint contains three counts: Count One requests
declaratory and injunctive relief regarding coverage; Count Two
alleges a violation of the Connecticut Unfair Trade Practices Act
["CUTPA"], CONN. GEN. STAT. Section 42-110a et seq.; and Count
Three alleges procedural bad faith in the handling of the
plaintiffs' asbestos claims in violation of the common law of
Connecticut.
Magistrate Judge Joan Glazer Margolis of the United States
District Court for the District of Connecticut, in a January 27,
2017 order ruled on pending discovery issues in the lawsuit.
Among other things, the magistrate directed the defendants to
produce 18 of the XN policies issued to 27 other policyholders who
are facing asbestos-related product liability claims in
chronological order. The magistrate held that any request by the
plaintiffs for additional production of the remaining nine
insurance files will require demonstration of "compelling and
substantial need" addressing why production of the eighteen
insurance files is insufficient.
The case is ITT CORPORATION ET AL. v. TRAVELERS CASUALTY & SURETY
CO., No. 3:12 CV 38 (JAM)(D. Conn.).
A full-text copy of the Order dated January 27, 2017, is available
at https://is.gd/3TzRPf from Leagle.com.
ITT Corporation, Plaintiff, represented by Colm F. Connolly,
Morgan, Lewis & Bockius, LLP, pro hac vice.
ITT Corporation, Plaintiff, represented by David A. Luttinger,
Jr., Morgan, Lewis & Bockius LLP, Jason B. Komorsky, Brutzkus
Gubner Rozansky Seror Weber, LLP, pro hac vice, Lisa M. Campisi,
Blank Rome LLP, Marilyn Beth Fagelson, Murtha Cullina, Michel Y.
Horton, Morgan Lewis & Bockius LLP, pro hac vice, Elizabeth J.
Stewart, Murtha Cullina & Harvey Bartle, Morgan Lewis & Bockius
LLP.
Goulds Pumps Inc, Plaintiff, represented by Colm F. Connolly,
Morgan, Lewis & Bockius, LLP, pro hac vice, David A. Luttinger,
Jr., Morgan, Lewis & Bockius LLP, Jason B. Komorsky, Brutzkus
Gubner Rozansky Seror Weber, LLP, pro hac vice, Lisa M. Campisi,
Blank Rome LLP, Marilyn Beth Fagelson, Murtha Cullina, Michel Y.
Horton, Morgan Lewis & Bockius LLP, pro hac vice, Elizabeth J.
Stewart, Murtha Cullina & Harvey Bartle, Morgan Lewis & Bockius
LLP.
Travelers Casualty and Surety Company, Defendant, represented by
Ronald D. Kent, SNR Denton US LLP, pro hac vice, Susan M. Walker,
SNR Denton US LLP, pro hac vice & Thomas V. Daily, Reid & Riege.
ASBESTOS UPDATE: IPC, Owens Win Summary Judgment vs. All Craft
--------------------------------------------------------------
In ALL CRAFT FABRICATORS, INC., and DONALDSON INTERIORS, INC.,
Plaintiff, v. ATC ASSOCIATES, INC., CARDNO ATC, SKANSKA USA
BUILDING INC., CERTIFIED MOVING AND STORAGE CO., LLC, HLW
INTERNATIONAL LLP, WING INC., SPECIALTY TRADES, TERRASAN
ENVIRONMENTAL SOLUTIONS, INC., PINNACLE ENVIRONMENTAL CORP., THE
MANHATTAN COMPANY OF NEW YORK LLC, UNITED STATES PLYWOOD
CORPORATION, CHAMPION INTERNATIONAL CORPORATION, OWENS CORNING,
RPM INTERNATIONAL INC., DAP PRODUCTS, INC., MASONITE CORPORATION,
INTERNATIONAL PAPER COMPANY and OWENS-ILLINOIS, INC., Defendant,
Docket No. 156897/13, Motion Seq. No. 10 (N.Y. Sup.), Judge Manuel
J. Mendez of the Supreme Court, New York County, ordered that the
motion by defendants International Paper Company and Owens-
Illinois, Inc., for summary judgment is granted, the claims and
cross-claims asserted against these defendants are severed and
dismissed.
Judge Mendez held, "a manufacturer has a duty to warn against
latent dangers resulting from foreseeable uses of its products
which it knew or should have known, which includes a duty to warn
of dangers relating to unintended uses, providing that such uses
are reasonably foreseeable. Whether a particular way of misusing
a product is reasonably foreseeable is ordinarily a question for
the jury (see Young v. Daglian 63 A.D.3d 1050, 883 N.Y.S.2d 75
[2nd Dept. 2009]). But a manufacturer has no duty to warn against
latent dangers that do not result from foreseeable uses of its
product."
"To recover for injuries caused by a defective product, the defect
must have been a substantial factor in causing the injury, and the
product must have been used for the purpose and in the manner
normally intended or in a manner reasonably foreseeable," Judge
Mendez said, citing Hockler v. William Powell, supra, quoting
Hartnett v. Chanel, Inc., 97 A.D.3d 416, 948 N.Y.S.2d 282 [1st
Dept. 2012]). Judge Mendez pointed out that the Defendants have
proved that the Plaintiffs did not use the defendants' product in
a way it was intended or in a reasonably foreseeable manner.
Cutting into the wood panels and doors is not an intended use of
the product, the judge said.
The Plaintiffs, the judge concluded, have failed to come forth
with evidence in admissible form sufficient to rebut the
defendants' entitlement to summary judgment.
A full-text copy of Judge Mendez's Decision dated January 25,
2017, is available at https://is.gd/RDXB7f from Leagle.com.
ASBESTOS UPDATE: Company Develops Database for Defense Attys
------------------------------------------------------------
Christina Suttles, writing for Legal Newsline, reported that
consulting firm KCIC's recently launched Bankruptcy Evidence
Verification Tool (BEV) is the newest in technology working to
preserve evidence of asbestos-containing products made by
companies following bankruptcy.
The database helps defense attorneys link claimants to companies
that have filed Chapter 11 under the weight of pricey lawsuits.
"As many defendant companies go into bankruptcy for asbestos-
related cases, Chapter 11 protections have meant those companies
are no longer named on complaints," Jonathan Terrell, founder and
president of KCIC, told Legal Newsline.
"BEV was created to keep these bankrupt companies in evidence
since a major factor in counsel not pursuing cases where the
bankrupt companies disappeared from interrogatories was dealing
with the thousands of sites and products of the bankrupt
companies.
"In other words, BEV keeps within the tort system evidence of
bankrupt companies that made asbestos-containing products."
The technology collects public information from the asbestos
bankruptcy trusts and condenses it into a searchable database.
Product names and photos from bankrupt companies can be searched
during deposition if there's a chance the plaintiff may have been
exposed to asbestos through one of the bankrupt companies.
A report is generated based on this information to aid in
questioning during depositions. The tool includes a real-time
feature for expedited use. BEV, if successful, would eliminate a
loophole that allows companies to shroud evidence of former
lawsuits or settlements regarding asbestos-related claims.
"[The database] includes over 125,000 United States job sites;
9,000 occupation and industry pairings; 1,400 trust documents and
1,600 products and images," Terrell said.
Terrell said the product is currently being beta-tested among
select KCIC clients and he expects the reception to be a favorable
one.
"So far the response has been positive," he said.
The company's decision to create the tool comes as a result of the
Garlock Sealing Technologies' bankruptcy and subsequent
settlement. Garlock filed for bankruptcy in 2010 due to escalating
lawsuit costs, but related filings allege lawyers hid necessary
evidence to increase settlements. EnPro Industries Inc., Garlock's
parent company, agreed to a $480 million settlement to resolve a
swarm of personal injury claims related to its products.
"There has been a steady stream of bankruptcy filings over the
last 30 years -- starting with thermal insulation asbestos
defendants and up until just weeks ago, with Kaiser Gypsum,"
Terrell said.
Construction equipment manufacturer Kaiser Gypsum filed bankruptcy
in October after being named as a defendant in more than 38,000
asbestos and mesothelioma-related lawsuits since the 1970s. The
company still had 14,000 pending lawsuits listed against it when
it filed for bankruptcy. Terrell expects BEV to alleviate some of
the burden defense attorneys face linking claimants to similar
companies.
"Each year, more than 8,000 U.S. companies are named on complaints
alleging exposure to asbestos-containing products," Terrell said
in a press release. "According to KCIC research, an average of 68
entities are named on each complaint. However, that number does
not include any bankrupt companies...BEV combats this injustice
and strives to encourage integrity in the Tort system by keeping
all bankrupt companies in evidence."
ASBESTOS UPDATE: Heirs Awarded EUR30,000 in Moral Damages
---------------------------------------------------------
Matthew Agius, writing for Malta Today, reported that the First
Hall of the Civil Court in its Constitutional jurisdiction has
awarded a family EUR30,000 in moral damages over the death of a
worker at Malta Drydocks who had been exposed to asbestos.
Andrew Psaila had died in 1988 of mesothelioma -- a type of
incurable cancer exclusively caused by prolonged exposure to
asbestos -- after having been employed for nearly 30 years at the
Malta Drydocks as a pipe worker. He was 60 years old.
His heirs had filed a Constitutional claim against the
government's chief medical officer, the Attorney General and the
Occupational Health and Safety Authority, arguing that the
exposure to asbestos had effectively breached his fundamental
right to life, and to compensate them for the suffering they had
endured due to the loss of their father.
Judge Joseph McKeon held that the right to life, as guaranteed by
the Constitution and the European Convention on Human Rights, did
not only prohibit the termination of life but also imposed an
obligation on the state to take the necessary steps to ensure that
life is not placed in danger.
In this case, the court held, the state had failed to update
health and safety legislation while scientific understanding of
the dangers of exposure to asbestos was developing.
Ruling that Andrew Psaila had suffered a breach of his right to
life, the court ordered the chief medical officer and the Attorney
General to pay EUR30,000 by way of compensation. The Occupational
Health and Safety Authorities, having been set up in the year
2000, 12 years after Psaila's death, was declared exempt from
responsibility.
The judgement comes some three months after the government was
ordered to pay over EUR200,000 in damages to the heirs of Paul
Pullicino. Pullicino, a Works Department employee who had filed a
lawsuit against the Director of Works in 2009, a year after he was
diagnosed with mesothelioma, caused by his exposure to asbestos
whilst servicing government vehicles.
ASBESTOS UPDATE: Man Dies 50 Yrs After Playing in Asbestos
----------------------------------------------------------
Hamish Broome, writing for The Northern Star, reported that a
casino man raised in the asbestos-plagued Baryulgil community on
the Upper Clarence has died of mesothelioma, just eight months
after his tragic diagnosis.
Ffloyd Laurie, 55, passed away in his home supported by family and
friends.
He had endured five rounds of chemotherapy prior to November last
year but the drug treatment failed to have a positive impact.
Mr Laurie's sister Diane Randall said his family was "heartbroken"
over the father of four's sudden passing.
"He just deteriorated really quick, he went from healthy to
relying on oxygen in no time," Ms Randall said.
"We all witnessed his last breath, he just kept telling him right
up to the very end that we loved him, and that we would miss him."
She said the only consolation was knowing their loved one's
suffering was over, given the toll of the disease on his well-
being.
"We all want him back, but it just doesn't happen like that," she
said.
Asbestos dust an 'everyday part of life'
Mr Laurie is believed to be the first victim of mesothelioma whose
exposure to asbestos occurred as a child, rather than as an adult
worker at the nearby James Hardie asbestos mine, which provided
jobs for the local Aboriginal community from the 1940s to the late
1970s.
Just a week prior to Mr Laurie's death the NSW Education
Department settled a lawsuit holding them responsible for his
exposure to asbestos dust used on the Baryulgil Public School
grounds when he was a student.
Ms Laurie's lawyer Tanya Segelov said the Education Department had
settled the night before Mr Laurie's case was scheduled for a
hearing, on January 17th.
Ms Segelov said while the settlement provided some relief for her
client, Mr Laurie was unable to go on a long overdue honeymoon
with his wife Noelene to the Barrier Reef before his death.
"The honeymoon as meant to be in November... there was a vague
hope that he would get better, but he never did," Ms Segelov said.
"The hope was he would get better after the side effects of the
chemo left his body, but he just got weaker and weaker.
"Disbelief"
Ms Segelov said there was "huge huge shock and disbelief" among
the children of the Baryulgil community following Ffloyd's
diagnosis and death -- because other victims could follow.
"It's still a rare disease but it's scary because they've all had
a huge amount of exposure," she said.
She said there was "no argument" that asbestos wasn't a major
health hazard in the mid to late 1970s, and therefore no excuse
for letting kids play in mounds of asbestos.
"No one did anything to protect these kids... at the time Ffloyd
was there, there was no protection."
"There was piles of asbestos all around that school, and you just
can't imagine that would have happened in the suburbs of Sydney in
the late 1970s."
"I think this community has been very badly treated."
Mr Laurie's funeral was held Feb 9, at 11am, at St Mary's Catholic
Church in Casino.
Ms Randall said the funeral was being advertised across the
Northern Rivers, as Mr Laurie was well known both in the Richmond
and Clarence Valleys.
A large turnout is expected.
ASBESTOS UPDATE: Steptoe & Johnson Comments on Exposure Ruling
--------------------------------------------------------------
Donald C. Sinclair, II, Esq., at Steptoe & Johnson LLP, in an
article for The National Law Review, wrote that on November 22,
2016, the Pennsylvania Supreme Court refused to reverse a verdict
in an asbestos case involving a court ruling that potentially
involves the "every exposure" theory.
Plaintiff's epidemiologist testified, "[A]ll of the exposures that
can be documented should all be considered as contributory to
developing [plaintiff's] disease." The manufacturer of the product
at issue moved for a non-suit, arguing that the epidemiologist's
testimony was tantamount to an opinion that "each and every
breath" of asbestos fibers was a substantial causal factor in
causing plaintiff's disease. In a pretrial ruling, the court
prohibited the introduction of such testimony; however, the court
denied the manufacturer's motion, finding that the epidemiologist
had not proffered testimony founded on an "each and every breath"
exposure theory.
The manufacturer appealed to the Pennsylvania Superior Court --
the state's intermediate appellate court -- arguing that the
epidemiologist's testimony was insufficient to establish that
plaintiff's exposure to asbestos-containing friction products at
the dealership was a substantial causal factor. The Superior Court
ruled that the epidemiologist's testimony was predicated on
published research, was consistent with the testimony of the
manufacturer's own expert witness testimony, and was supported by
international scientific consensus.
The manufacturer appealed to the Pennsylvania Supreme Court. The
majority of the divided court held that the epidemiologist had not
testified that a single exposure to asbestos was a substantial
cause of plaintiff's disease; rather, the lower courts had
properly applied the "frequency, regularity and proximity"
criteria for the determination of causation in asbestos
litigation. Under this standard, a plaintiff can establish
causation by proving frequent, regular, and proximate exposure to
an asbestos-containing product. The majority observed, the
manufacturer "[h]as confused or conflated the 'irrefutable
scientific fact' that every exposure cumulatively contributes to
the total dose ... with the legal question under Pennsylvania law
... whether particular exposures to asbestos are 'substantial
factors' in causing the disease."
The dissent concluded that significant evidentiary uncertainties
in determining product-specific causation entitled the
manufacturer to a new trial at which a jury could consider a
comparative assessment of the plaintiff's asbestos exposures.
Conversely, the majority opined, "Comparison of [plaintiff's]
other occupational exposures to asbestos was unnecessary."
ASBESTOS UPDATE: AG Slaps Asbestos Co. in Brookline with Fine
-------------------------------------------------------------
Brookline Wicked Local reported that a Lawrence asbestos company
and its president have been cited more than $300,000 for
intentionally failing to pay the proper prevailing wage rate or
overtime to its employees for work performed on public projects,
Attorney General Maura Healey announced today.
The public projects included asbestos removal at public housing
authorities, universities and elementary schools -- including the
Pierce Elementary School in Brookline.
The AG's Office issued three citations, all with specific intent,
against MJ Environmental, Inc. and president Jose I. Pena for
failure to pay prevailing wage (subsequent violation), failure to
pay overtime, and failure to submit true and accurate weekly
certified payroll records to the awarding authorities (subsequent
violation). Pena has been cited in the past by the AG's Office for
similar violations.
"This employer received public funds to remove asbestos from
elementary schools and other public buildings, but failed to
follow the law and pay workers properly," said Healey. "We need to
ensure that this critical work, to safely remove dangerous
asbestos, is done by responsible, law-abiding companies."
MJ Environmental is an asbestos removal company based out of
Lawrence. Its president, Pena, previously owned Environmental
Source Corp. (ESC), a now-defunct asbestos removal company also
based in Lawrence.
In 2008, the AG's Fair Labor Division entered into a civil
settlement with ESC and Pena, which included citations for
intentional failure to pay prevailing wage and related records
violations, wherein ESC agreed to pay more than $12,000 in
restitution and penalties.
The AG's Office began a subsequent investigation into Pena and MJ
Environmental after a proactive compliance check revealed alleged
violations.
The AG's investigation determined that between June 2012 and
January 2014, MJ Environmental failed to pay the proper prevailing
wage rate to 62 workers. According to the certified payroll
records and project records produced by Pena, the workers were
classified as hazardous waste/asbestos removers, but they were not
actually paid at the proper rate for that classification.
Under the Massachusetts Prevailing Wage Law, contractors and
subcontractors engaged in public construction projects must pay
their employees a special minimum wage, which is based on the
occupational classification for the type of work the employees
perform.
In total, Pena and MJ Environmental failed to pay the required
prevailing wage rate on the following 19 public construction
projects:
* City of Brookline -- Pierce School Auditorium;
* City of Boston -- Callahan Tunnel Vent Building;
* Brockton Housing Authority -- Washburn
* Town of Canton -- Galvin Middle School;
* Town of Canton -- Lt Peter M Hansen Elementary School;
* Division of Capital Asset Management -- MA College of Liberal
Arts -- Bowman Hall Renovation;
* Lowell Housing Authority -- Francis Gatehouse;
* City of Mansfield -- Robison Elementary;
* Town of Medfield -- Wheelock School;
* Town of Oxford -- Oxford Middle School;
* Quincy Housing Authority -- Louis George Apartments;
* City of Springfield -- Margaret C. Ells School;
* City of Springfield -- Lynch Elementary School;
* UMass-Amherst -- Grayson and Field Halls Window Replacement;
* City of Worcester -- May Elementary School;
* City of Worcester -- New Magnet School;
* City of Worcester -- New Citizens School;
* City of Worcester -- Lakeview Elementary; and
* Worcester State University -- Learning Resource Center,
Overclad
The total value of these public contracts exceeds $1.9 million.
The investigation further revealed that Pena and MJ Environmental
also intentionally failed to pay overtime to 27 employees on five
separate occasions for work performed on two projects-the City of
Springfield's Margaret C. Ells School project and the
Massachusetts College of Liberal Arts' Bowman Hall project. Pena
purposely attempted to conceal his employees' overtime hours
worked from authorities.
The state's overtime law requires employers to pay qualifying
employees time and one half their regular rate of pay for all
hours worked over 40 in a work week.
As a result of the investigation, the AG's Office determined that
in total 65 employees were impacted by these prevailing wage and
overtime violations. The AG's Office cited Pena and the company
$318,715 in total restitution and penalties.
Workers who believe that their rights have been violated in their
workplace can also call the office's Fair Labor Hotline at (617)
727-3465. More information about the state's wage and hour laws is
also available in multiple languages at
www.mass.gov/ago/fairlabor.
This matter is being handled by Assistant Attorney General Drew
Cahill and Investigator Tom Lam, both of AG Healey's Fair Labor
Division.
ASBESTOS UPDATE: Asbestos Cleanup Begins After Oregon Explosion
---------------------------------------------------------------
Jillian Duff, writing for Mesothelioma.com, reported that asbestos
clean up has begun at a site in Northwest Portland, Oregon, where
a natural gas explosion occurred three months ago, leveling an
entire building. The explosion occurred shortly after a
construction crew ruptured a gas line near the building located at
the corner of Northwest 23rd Ave. and Gilsan St.
"The building's roof was 35 percent asbestos, and the explosion
caused the entire site to be contaminated," said spokesman for the
Department of Environmental Quality, Matthew Van Sickle.
Despite knowledge of health risks posed by asbestos, many
companies still used the material for its fire- and heat-resistant
properties. A large number of building materials such as flooring,
ceiling tiles, insulation, cements, joint compound, and other
products still contain asbestos.
Portland has several sites where asbestos exposure occurred. Those
who worked with and/or around asbestos-containing materials are
potentially at risk to develop mesothelioma cancer .
Handling asbestos must be done with great care and according to
state and federal regulations. Licensed contractors must wet the
asbestos during abatement to stop the toxic material from becoming
airborne. Then the hazardous waste is wrapped in tarps and removed
to a special landfill in Wasco County.
If asbestos is not handled correctly, anyone in the vicinity is at
risk of inhaling the fibers. This can lead to severe diseases such
as mesothelioma cancer, which has an extremely poor prognosis and
cost hundreds of thousands of dollars or more to treat.
"While the clean up is going on, there's going to be ambient air
monitoring that's going to happen at the site to make sure the
public is kept safe, the environment is kept safe, and all the
workers are going to be certified by the state in handling of
asbestos waste," said Van Sickle.
The businesses in the leveled building have been out of a home
since the natural gas explosion occurred three months ago.
"It's hard to imagine it all just being gone. But it's all gone,"
said building business resident Jason Kundell, who owns Art Work
Rebels Tattoo. He's currently waiting for his insurance claim to
go through.
Kundell said, "I know it was an accident. I know no one
purposefully tried to sabotage our building, but it really messed
up a lot of people. There were a lot of people in that building
who depended on going to work every day."
ASBESTOS UPDATE: EPA May Not Issue Asbestos Warning for 3 Years
---------------------------------------------------------------
Andy Szal, writing for Chem.info, reported that health experts and
safety advocates called on federal officials to warn the public
about insulation laced with asbestos -- even though it could be
years before they are required to do so.
The Billings Gazette reports that tens of millions of buildings in
the U.S. likely utilize Zonolite insulation made from vermiculite,
a mica-like mineral -- mined for decades in Libby, Mont. -- that
contains asbestos.
The mine closed in 1990, but residents of Libby continued to be
diagnosed with diseases related to asbestos exposure for decades
afterward. Critics warned that home and business owners -- as well
as construction and repair workers -- unknowingly remain
vulnerable to Zonolite despite the widely acknowledged dangers of
asbestos.
Proponents of reforming U.S. chemical laws long pointed to the
inability to ban asbestos as the prime example of those laws'
failures. A long-sought overhaul was passed last summer, and the
Environmental Protection Agency listed asbestos among the first 10
high-risk substances that it would evaluate under the new law.
That evaluation period, however, could take three years; should
the agency determine that asbestos presents an "unreasonable risk
to humans and the environment," it could ban them outright or wait
another two years to reduce those risks via the rule-making
process.
The latest evaluation process, meanwhile, comes nearly 14 years
after the EPA originally considered a public warning regarding
Zonolite insulation. The agency came under heavy political
pressure over fears about cleanup costs, and a proposed 2003
warning was scrapped on the same day that then-EPA head Christine
Todd Whitman resigned.
The Gazette also pointed out President Donald Trump's decades-long
support of asbestos, from alleging that organized crime was behind
asbestos limits to calling it a "miracle fiber" in congressional
testimony.
Celeste Monforton, a public health researcher at George Washington
University, told the paper that the evidence of asbestos risks was
"overwhelming" and that "there's no compelling need for more
study."
"The new law says EPA has up to three years to study its top ten
picks, but it surely doesn't mean they need to take three years,"
Monforton said.
ASBESTOS UPDATE: Asbestos Spy Infiltrates Workers' Groups
---------------------------------------------------------
Beth Swantek, writing for Asbestos.com, reported that a case in
the British High Court alleges a man posed as a sympathetic
documentary filmmaker to infiltrate workers' rights groups
campaigning against asbestos, the toxic mineral linked to
mesothelioma and other diseases.
Rob Moore is accused of acting as part of a worldwide espionage
plan to gain secrets from organizations working in key countries
seeking to ban asbestos and later discredit them.
Moore served as the front man for K2 Intelligence LLC, a leading
intelligence firm hired by an anonymous corporation with interests
in the asbestos industry, according to the Toronto Star.
According to testimony, Moore gained the trust of activists in the
U.K., Canada and Thailand, gathering 35,000 documents throughout
his four years of subversive work. He received more than $700,000
for his efforts, reports show.
British Claimants Lead the Suit
Two activists and a lawyer who advised an anti-asbestos campaign
are seeking aggravated damages for breach of confidence and misuse
of private information, according to The Guardian.
London-based activist Laurie Kazan Allen of the International Ban
Asbestos Secretariat told the court Moore approached her in 2012,
claiming he wanted to produce a documentary on the group's
asbestos fight.
Allen even connected Moore with one of her associates in Thailand,
allowing Moore to collect confidential and sensitive information
about the country's plans to ban asbestos.
"They believed they were speaking to a journalist," Guy Vassall
Adams, one of the lawyers for the claimants, told the court. "It
was a lie. He was a spy."
The Guardian quotes a court document in which the Moore explains
his deception.
"I've been able to identify several news stories, angels, pegs and
themes that would be of genuine interest to a documentary
filmmaker, and I am confident that I can enter this world
relatively easily and with a high level of legitimacy and
credibility," the Guardian reported.
Attorney Richard Meeran alleged Moore's investigation tried to
"uncover information that could be used to suggest the [anti-
asbestos] network was being funded by those with a vested
financial interest in it -- namely lawyers and/or those in the
asbestos substitute market."
The goal was to "smear and discredit the network in the eyes of
the states and organizations it sought to influence," according to
Meeran.
K2 Intelligence plans to argue they gathered minimal confidential
information and their purposes for the investigation were just to
better understand the anti-asbestos campaign.
Canadian Activists Targeted
Canadian anti-asbestos advocate Laura Lozanski, the health and
safety officer for the Canadian Association of University
Teachers, encountered Moore for the first time in the fall of
2016.
She connected him with other advocates to aid the fight to ban
asbestos in Canada.
"He seemed to be quite legitimate, so we didn't think anything of
it," Lozanski said of Moore.
Just a few months after their meeting, Lozanski learned of Moore's
involvement with the lawsuit in Britain.
Canadian anti-asbestos campaigner Kathleen Ruff feels especially
betrayed after fighting for years for a ban on asbestos in Canada.
Moore won Ruff's trust at the beginning of his espionage run. Ruff
introduced him to executives at the Canadian Cancer Society and
spent hours speaking with him and sharing her research, contacts
and strategies.
She even helped Moore obtain official accreditation for 2015
conference for the Rotterdam Convention, an international treaty
promoting shared responsibilities in the importation of hazardous
chemicals.
"The key thing in a war is to know your enemy, to know what they
know and what they don't know," Ruff told CBC News.
Moore's deception came at a crucial time in Canadian history as an
asbestos ban is expected by 2018.
Asbestos-related diseases rank as the leading cause of
occupational deaths in Canada, and unions and federal labor
advocates have long fought for a comprehensive ban on the deadly
mineral.
ASBESTOS UPDATE: Asbestos Disease Peak Coming in 2020
-----------------------------------------------------
ABC North Coast reported that a doctor who has treated numerous
people for asbestos-related illnesses in northern New South Wales
is expecting a plethora of cases over the next few years.
55-year-old Ffloyd Laurie died from mesothelioma, the first
asbestos-related death recorded in the area not involving someone
who worked at the now-defunct James Hardie mine.
As a child in the 1970s, Mr Laurie played in asbestos tailings at
the Baryulgil Public School.
Doctor Ray Jones, who worked at the Aboriginal Medical Service in
Grafton for 15 years, said the peak incidence of mesothelioma in
Australia was not due until 2020, because the disease took decades
to develop.
"There has been a substantial number of people who were children
in Baryulgil at the time when the asbestos mine was running, who
were exposed to unbelievable amounts of asbestos at school and at
home," he said.
"The school was built on asbestos tailings and the playgrounds
were basically full of asbestos.
"So you'd expect there now to be plethora of asbestos-related
cancers arising from the children who played at that school 40
years ago."
Another local doctor, Scott Monaghan, has been with the Bulgar
Ngarru Aboriginal Medical Service for more than a decade.
Dr Monaghan told the ABC the risks had been identified in a report
presented to Federal Parliament in 1984.
"They minimised the risk by covering with asphalt or topsoil," he
said.
"But one of the issues that was raised in that report was that
asbestos, being a natural fibre, will work its way to the surface.
"Either by ants or by eroding of the topsoil or asphalt being
eroded away.
"So it will never go away, it will always keep coming back and the
risk is possibly still there today."
A lawyer for Mr Laurie said there were many nervous people in the
Baryulgil community.
Tanya Segelov said the Department of Education had reached an out-
of-court settlement with her client the week before he died.
She said Mr Laurie had been satisfied because he hoped to set a
precedent for others in his community.
"He knew the importance for anyone else who may come down the
track, of establishing this precedent," Ms Segelov said.
"This is a disease that has a long latency period, an average of
40 years between exposure and diagnosis.
"So Ffloyd was the first of that generation, and what we have is a
lot of very nervous people who think 'Well, this could be me
too'."
ASBESTOS UPDATE: Asbestos Found at Basildon Waste Plant
-------------------------------------------------------
Clacton Gazette reported that the Essex County Council is calling
on residents to ensure waste is disposed of appropriately
following the discovery of small traces of asbestos at the Tovi
waste plant.
Items that are suspected to contain hazardous substances must not
be disposed of in household rubbish bins or in the general rubbish
bins at recycling centres.
Following the discovery, drivers transporting waste to the Tovi
processing plant in Basildon have been advised to wear face masks
as a temporary measure after air quality monitoring tests revealed
small traces of asbestos in the delivery hall at the site.
Essex County Council has put the precaution in place following the
results of tests carried out at the end of last year.
They revealed asbestos levels in the air which were within the
legal limit. However, as there is no acknowledged safe level, the
council has been advised that precautionary measures should be
enacted whilst further testing takes place.
A small number of drivers who delivered waste to the plant and
took part in the tests or were present in the delivery hall during
the testing period are being informed of the results and offered
advice as a result.
The council is also contacting employees of other councils and
waste transfer contractors previously involved in delivering waste
to the site to inform them. Although the risk to health is
minimal, the council is contacting those concerned because any
occupational health issue like this is of the utmost importance.
The council is also reassuring residents that asbestos has only
been detected within the confines of the plant and there is no
evidence of any wider issue.
It is believed the asbestos could have found its way into the site
after being illegally dumped at one of the County's Recycling
Centres for Household Waste. It is not unusual for small amounts
of asbestos to be discovered among materials deposited for
recycling, despite the possible health risks to staff in the waste
supply chain. We are liaising with the operator of the facility to
address these issues.
Residents will notice no difference to how their waste is
collected as a result of the precautionary measures.
Councillor Simon Walsh, Essex County Council Cabinet Member for
Environment and Waste, said: "The safety of Council workers and
contractors is our No1 priority.
"Although these air readings from the tests were within safety
guidelines, we decided to take precautionary measures until
further testing has been carried out.
"We are moving quickly to inform all those affected by these
results and offer advice and support.
"This is a sensible and proportionate response to remove any
potential risk while we await the results of further testing. I
would like reassure members of the public that these results pose
no health risk to the wider community.
"Asbestos is a common problem due to its wide usage as an
insulator in homes and other buildings until 1999. We are
investigating how it found its way into the Tovi plant."
Residents should instead visit ecycleforessex.com/disposing-of-
asbestos/ or call Essex County Council's Waste Management Helpline
on 0345 603 7625 for advice.
ASBESTOS UPDATE: Gatineau's Centre Sportif Closed Over Asbestos
---------------------------------------------------------------
Tom Spears, writing for Ottawa Sun, reported that Gatineau's main
sports centre has closed temporarily to allow crews to remove
asbestos.
The Centre Sportif will remain closed until further notice.
It closed after workers noticed chrysotile asbestos inside a sewer
pipe that was in "questionable" condition. Chrysotile is one of
several types of fibrous minerals collectively known as asbestos.
Gatineau has informed the Commission des normes, de l'equite, de
la sante et de la securite du travail.
The city says asbestos was widely used in Quebec buildings, and
the danger is this case in minimal. It says the key is not to let
the asbestos escape.
Residents enrolled in classes and anyone who is planning to use
the centre over the next few days should call 311 or check the
city's website.
The Centre Sportif on Boulevard de la Gappe is an 18,500-square-
metre complex with an Olympic-sized pool, gymnasiums, courts and a
fitness centre.
ASBESTOS UPDATE: Asbestos Removal Project Completed in Davidson
---------------------------------------------------------------
Mooresville Tribune reported that state officials said work has
been completed to remove asbestos-containing soil and other
materials from a streetside slope in Davidson.
Employees of the N.C. Department of Environmental Quality, or DEQ,
and the N.C. Department of Health and Human Services supervised
the work by a contractor for Metrolina Warehouses LLC, the owner
of the tainted property at 301 Depot St.
The work, which started Monday, took three days to complete, said
Michael Scott, director of the state Division of Waste Management
in DEQ whose staff oversaw the work.
"We're confident the landscaping work completed on the site will
prevent future exposure to asbestos," Scott said. "But the state
and the property manager will continue to monitor the site and
ensure repairs can be made quickly if any problems arise."
The asbestos-containing material was first identified last fall
when officials with DEQ believe heavy rainfall eroded a slope on
the site, and unearthed the asbestos before carrying it along two
residential streets. Officials believe asbestos materials were
left behind by Carolina Asbestos Materials, which made asbestos
shingles at the site from the 1930s to the 1960s.
Workers removed trees, bushes and other vegetation along the slope
where the asbestos was discovered. The contractor grouted holes
found in the slope with concrete, then used up to 6 inches of
clean topsoil to cover and level the slope, and then spread
fertilizer along the slope.
A coconut fiber matting was secured in place over the fresh
groundcover and fencing was placed around the area to protect it
while grass grows. A soil berm was constructed at the top of the
slope to redirect any rain away from the slope and a fiber sock
was placed at the base of the slope to capture any runoff, Scott
said.
None of the air monitors placed around the site and on several
workers during the landscaping work detected asbestos fibers
during the work, Scott said. One air monitor did detect wood
fibers that came from the vegetation that had been ground up in a
wood chipper during the operation. However, those fibers were well
within state air quality standards, Scott said.
The property manager will monitor the site weekly and alert DEQ
officials, as necessary, so corrective actions can be taken to
address any problems. DEQ staff will continue to monitor the site
and direct Metrolina Warehouses to make any necessary repairs to
the landscaping work.
ASBESTOS UPDATE: Traces of Asbestos Found at War Memorial
---------------------------------------------------------
Dillon Ancheta, writing for Hawaii News Now, reported that traces
of asbestos have been found in the flooring of Kauai's largest
exhibition hall.
In December 2016, the County of Kauai hired an independent state-
certified Asbestos inspector to test parts of the Kauai War
Memorial Convention Hall.
The inspection found low amounts of Asbestos throughout different
areas of the flooring in the lobby and exhibition areas.
The amounts found are not high enough to cause alarm, according to
county officials. The DOH says there is no imminent risks to
facility users and an immediate closure is not needed.
The county consulted with the DOH and began proper maintenance
protocols.
"We are taking the results of this report very seriously and
continue to work with our partners at the state and federal level
to follow all required protocols," Mayor Bernard P. Carvalho said
in a statement. "We are committed to implementing all necessary
precautions to protect the health and safety of our employees and
our patrons."
The hall hosts to some of the largest community events on the
island which include pageants, concerts, fundraisers and cultural
events.
Mayor Carvalho also understood that the community may still have
concerns regarding use of the facility. Because of that, anyone
with reservations to use the facility has the option for a full
refund of reservation fees.
ASBESTOS UPDATE: Family Searches for Answers After Mum's Death
--------------------------------------------------------------
Yorkshire Evening Post reported that the family of a Leeds woman
who died from an asbestos-related disease is urging her former
colleagues to come forward with any information they might have
about the conditions at her workplace.
Christine Brierley, from Wortley, died in August aged 73, just
three months after being diagnosed with mesothelioma.
She was a domestic assistant at Leeds University Union from the
early 1990s until shortly after her diagnosis and would on
occasion clean up dust created by workers carrying out building
refurbishments.
Now her loved ones, who are being advised by the specialist
asbestos litigation team at Thompsons Solicitors, are trying to
establish the full facts about the conditions at Leeds University
Union.
Christine's daughter, Tracy, said: "My mum was the most health-
conscious person I'd ever met -- she didn't smoke or drink alcohol
and would exercise regularly, even in her 60s and 70s.
"No one could have predicted that she would be diagnosed with
mesothelioma, and within just a couple of months of becoming ill
she had lost a lot of weight and struggled to move. It was
tragic."
Marion Voss, the solicitor at Thompsons representing Christine's
family, said: "We are looking to speak to maintenance staff or
contractors that worked on building refurbishments, or anyone with
information about the general working conditions to help the
family with its case."
Anyone with information is asked to contact the Leeds office of
Thompsons on 0113 205 6343.
ASBESTOS UPDATE: Widow Takes on Legal Battle with ICI
-----------------------------------------------------
Lisa Hutchinson, writing for Gazette Live, reported that
heartbroken widow Eileen Ford is helping her husband fight justice
from the grave as she takes on his ex-employer Teesside chemical
giant ICI in a legal battle.
Eileen's husband James died within two months of being diagnosed
with an asbestos-related cancer and she believes his working
conditions with the paint specialist could be to blame.
Now Eileen is appealing to her widow's former colleagues for
information about working conditions at the firm's plant in
Cleveland, after his sudden death from the asbestos-related
cancer, mesothelioma.
She lost her husband of 53 years, James Ford, in August last year,
less than two months after he was diagnosed with the terminal
cancer caused by exposure to harmful asbestos dust decades before.
Eileen, 73, of New Marske, instructed expert asbestos-related
disease lawyers at Irwin Mitchell after her husband told her that
he had been exposed to the deadly substance during his employment
at ICI Wilton in Cleveland.
James, known as Jim or Jimmy to friends and family, who died aged
74, worked for the company from 1974 to 1992, starting as a packer
and fork lift truck driver, before becoming a process operator and
ultimately held the position of shift production supervisor.
During his employment, Jim worked across numerous plants,
including the Polythene Plant and Polypropylene Plants 2, 3 and 5,
in which Jim believed the pumps, valves and pipework systems to
all be lagged with asbestos.
ICI employed locally at its sixties peak 20,000 at Wilton and
16,000 in Billingham.
Fitter launches compensation claim over asbestos-related cancer
Eileen, mother of Julie and Stephen, said: "I am a small person
fighting a big company, battling for justice for Jim who died too
early. It was horrible. He was in the wrong place at the wrong
time.
"I urge any of Jim's former colleagues to come forward with any
details of the working conditions at the ICI Wilton plants during
the time of Jim's employment there.
"Jim was sports mad. He played football until he was 60 and
regularly played golf, tennis and bowls but his illness took hold
so quickly, there was very little time to get answers or justice
for him while he was alive.
"Jim was convinced that asbestos was present in the plants he
worked on at ICI Wilton. He would often return home covered in
dust which we now believe was asbestos dust. So if anyone who used
to work with Jim, or at the ICI Wilton plants between 1974 and
1992, can provide information that would be helpful to the legal
team at Irwin Mitchell, it would mean a lot to me and my family".
Jim first began to feel unwell in April last year, and was
diagnosed with mesothelioma on June 28. It was decided at the time
that his health had deteriorated to a level where he was deemed
not strong enough to endure chemotherapy, and on July 25 Jim was
admitted to Teesside Hospice, where he stayed until he passed away
on August 25.
ICI made paints and speciality products, including food
ingredients, speciality polymers, electronic materials, fragrances
and flavourings. It was acquired by AkzoNobel in 2008, which
immediately sold parts of ICI to Henkel, and integrated ICI's
remaining operations within its existing organisation.
Roger Maddocks, a partner and expert industrial disease lawyer at
Irwin Mitchell, said: "Unfortunately, we often see cases like
Jim's where victims were unaware they were battling mesothelioma
until the very end of their lives.
"Mesothelioma is an extremely aggressive, unforgiving, and sadly
terminal cancer caused by asbestos exposure decades before
symptoms develop. All too often we see a case like this where
workers spent time working in environments where they were exposed
to asbestos dust and were not made aware, by their employers, of
the dangers of asbestos dust.
"Anyone with information about working conditions at the ICI
Wilton plants in Teesside, particularly anyone who may remember
working with Jim, should contact us as soon as possible."
A spokeswoman for the group handling claims for the former ICI
business said: "We can confirm that the claim from Mr Ford's wife
has been received by the company and is being dealt with
appropriately."
Anyone with information can contact Michael McGowan on 0191
2790104 or email Michael.McGowan@IrwinMitchell.com.
ASBESTOS UPDATE: Exeter Mum Dying From Asbestos Disease
-------------------------------------------------------
Anita Merritt, writing for Exeter Express and Echo, reported that
at the age of just 33-years-old, single mum Kirsty List is
literally wasting away from an asbestos-related disease.
She has been told she is unlikely to still be alive by this
Christmas and the cause of her illness remains a mystery.
Kirsty, who lives with her five-year-old daughter Aimee in Exwick,
Exeter, first began feeling unwell in September 2015.
Initially she was diagnosed with gallstones and it was only during
an operation at the Royal Devon & Exeter Hospital to remove her
gallbladder that signs of different illness were detected.
Kirsty recalled: "When I first became ill I had what felt like a
pulling sensation in my chest and like a trapped nerve in my neck.
I was treated for gallstones for six months.
"I was on quite a lot of Tramadol for the pain but I was still
hurting too much. It was only when they went to take out my
gallbladder that they found a tumour around it. They left my
gallbladder in and did a tumour biopsy."
It was six weeks before Kirsty was told the results and the
diagnosis she received was one she never expected to hear.
"My consultants said I was suffering from mesothelioma. I was
incredibly shocked because it's something you hear in older
people, not younger people. I didn't know anything about asbestos
disease.
"The problem for me is there is very little information to
parallel me with anyone and work out any prognosis. Most people
with asbestos are old and are men."
Asbestos is a natural fibrous rock. It was widely used within
homes and other buildings until 1999.
There are three types of asbestos-related lung disease and the
type Kirsty has peritoneal mesothelioma which is cancer of the
abdominal lining.
To treat the disease, Kirsty has tried five different types of
chemotherapy but she says none worked to any great extent. She
received her last course almost a year ago and had been on
palliative care since.
Last December Kirsty was told she does not have long left to live.
"It was a conversation I asked to have with my consultant and I
felt ready to know," said Kirsty. "I said, 'I don't know if I will
see next Christmas', and my consultant said, 'I think that's about
right'."
Kirsty List bravely vows to make the most of the little time she
has left
Kirsty says her health has been gradually deteriorating since her
diagnosis and even within the past two weeks she has noticed a
difference.
"It's the pain and exhaustion that's so hard to live with. I'm on
quite a lot of pain medication and I feel tired all the time which
makes it hard keeping up with my daughter, but luckily her dad, my
ex-partner, is very involved in helping out.
"I walk with crutches now because I can't walk very far without
having to sit down.
"I do have a wheelchair but I've not braved using it yet. I have
been on a mobility scooter in Exeter city centre but I felt like
people were looking at me and wondering why I was using it at my
age.
"At the age of 33 it's kind of embarrassing. To look at me you
would think there's nothing wrong and it makes me feel like having
a sign on my back saying, 'I'm dying, leave me be!'.
"Knowing how you're going to die and you're just going to waste
away is horrible. I will quite literally waste away. I have
already gone from a size 16-18 to a size 8."
Although the time she now has left is limited, Kirsty says she has
not made a bucket list because her focus instead is on keeping
life as normal as possible for her daughter.
She said: "Aimee knows everything up and understands that I'm
dying, and most of the time she is okay about it.
"There's no hiding from the fact that she is likely to be six-
years-old when I pass away."
What has given Kirsty some peace of mind for her daughter's future
is receiving a large amount of compensation from the government
which is awarded to people with an asbestos related illness.
The money has been put into a trust fund for Aimee. Due to
Kirsty's young age, she is entitled to a larger sum and she has
also instructed the help of asbestos solicitor expert Helen Grady
at Simpson Millar to find out where she may have been exposed to
asbestos to seek further compensation.
Kirsty said: "The trust fund I have been able to give Aimee is the
only good thing about what has happened to me. Although I can't be
here for her, that money will be available to her to make her life
a little bit easier and give her some security."
Kirsty believes she was exposed to asbestos either when she was a
pupil at school or while working in pubs.
She went to a primary school in Reading which was built in the
'80s and was "riddled with asbestos". She later went to secondary
schools in Reading and North Devon, and the latter also has
asbestos.
After spending a few months at Bicton College she later became a
pub manager for 13 years for a pub chain. Kirsty worked in Exeter
and was as pubs in Somerset and throughout the south west, and
says that during that time she worked in some pubs which were
being renovated.
Kirsty said: "I don't find it particularly frustrating that I
don't know where I picked up asbestos from because I choose not to
focus on it. I can't change what's happened but I do feel a little
bit angry because of my daughter. I feel a huge amount of guilt
knowing I will leave her behind. That makes me sometimes want to
stamp my feet and shout, 'It's not fair'."
In the future Kirsty hopes more will be done to raise awareness
about where asbestos is to help keep people safe, and not suffer
like she and her family is.
Kirsty said: "I would not necessarily want asbestos to be taken
out of all buildings as I know that would be incredibly
impractical. But I would like to see it become part of everyone's
induction process when people start a new job.
"If asbestos is in a building everyone should be aware of where it
is and how it should be treated to keep themselves and other
people safe. It has to be a group effort.
"The asbestos register should also be overhauled to make sure
reviews are ongoing."
ASBESTOS UPDATE: Asbestos Won't Need Separated at 1 Landfill
------------------------------------------------------------
Larry Meyer, writing for The Argus Observer, reported that snow-
damaged building waste will be accepted at the Lytle Boulevard
Landfill under the special permit. However, people living closer
to the larger Clay Peak Landfill are being advised to take their
waste there.
The Oregon Department of Environmental Quality issued the special
waste disposal permit for the Lytle Boulevard facility last week,
following an executive order issued by Oregon Gov. Kate Brown.
However, because of the Lytle facility's limited space, the Oregon
DEQ, which issued a fact sheet on handling debris from damaged
buildings, said people disposing of the debris should consider
using Clay Peak for two reasons: its larger size and its
composting options for organic matter, including onions.
Onions are not being accepted at the Lytle Boulevard landfill.
For Lytle Boulevard, initially, waste will be accepted during
regular hours from 1 to 5 p.m. Tuesdays and Thursdays and 9 a.m.
to 5 p.m. Saturdays, said Malheur County Environmental Health
officer Craig Geddes.
To ensure a more orderly process, people planning to dump waste at
the Lytle Boulevard landfill will need to first make an
appointment with the Environmental Health office by calling (541)
473-5186.
Geddes said the permit does allow the Lytle Boulevard Landfill to
accept debris which contains or may contain asbestos. However,
Geddes and the Oregon DEQ both advise that people water down any
materials with asbestos or that may contain it.
To be completely safe, the DEQ advises people with asbestos laden
materials, or who suspect it is present, to contact a licensed
asbestos removal contractor.
People planning to burn building materials should contact their
fire departments first, the DEQ says, as it is illegal to burn
wood treated with petroleum-based products.
The DEQ's emergency order for the Lytle Boulevard landfill
suspended the land use compatibility statement, the 30-day public
comment requirements and the requirements for asbestos abatement
and accumulation.
ASBESTOS UPDATE: Mother Says Cancer Caused by Husband's Overalls
----------------------------------------------------------------
Stephen Matthews, writing for Daiy Mail, reported that a mother-
of-three believes washing her late husband's asbestos-ridden
clothes caused her incurable cancer.
Vivienne Swain, 60, has mesothelioma -- a form of the disease that
affects the lining of the lungs and is often linked to chemical
exposure.
She would often come into contact with what she believes to be
asbestos when she washed Michael Power's clothes.
The former joiner, who worked for Manchester City Council in the
1970s, died from a brain disease in his early forties.
But after struggling to breathe, Ms Swain sought medical advice
herself before being told that she had just three years to live
when she was diagnosed in August 2015.
Now she is appealing for people to support her claims that she
developed the disease through washing dust off Mr Power's clothes.
Ms Swain, from Rochdale, said: 'I would shake the overalls before
washing them and they would be heavy with dust -- so much so that
it would cover the kitchen floor, and I'd have to sweep it up.
'I believe these were asbestos fibres.'
Previously fit and healthy, she began feeling wheezy in early 2015
-- but thought it was because she was looking after a hamster at
the time.
Visiting her GP, she was given an inhaler and her symptoms eased
off temporarily.
Then, in May of the same year, she went to the Greek island of
Rhodes on a family holiday and found herself getting out of breath
easily.
'The hotel we always stay at is up a hill. I've never had any
problems before, but found myself wheezing and having to stop,' Ms
Swain said.
'I knew then that something wasn't right.'
Back home, she visited Rochdale Infirmary for an X-ray where she
assumed it wouldn't be anything serious.
But, after studying the scan, doctors admitted her as an emergency
patient.
They told her that it looked like a third of her lung had
collapsed and asked her if she had suffered a fall or had knocked
herself.
However, she had no recollection of any such events and was
transferred to Fairfield General Hospital in Bury.
Over the next few months, she underwent a string of tests -- but
everything kept coming back negative.
Then, after undergoing further testing at Wythenshawe Hospital she
received her diagnosis three weeks later.
'I was told it was incurable, and a cold feeling went through my
whole body,' she said.
'I didn't cry, I just launched into asking about treatment. I was
on autopilot. I kept thinking about how I'd tell my sons Craig
(43), Paul (39), and Todd (26).'
'I asked how long I had and was told, at best, three years. But I
said to the doctors, 'I guarantee you I'll still be here in five.'
I've got too much living left to do.'
Following her heartbreaking diagnosis, Ms Swain was fitted with a
pleural drain to help prevent a build up of fluid on her lungs.
Her partner, Ian Johnston, 63, was taught how to drain it, which
he had to do roughly every three to seven days.
Next, she began chemotherapy, which she underwent every three
weeks until October 2016.
Doctors have since told her that her cancer was most likely caused
by asbestos exposure, which she believes was through washing her
late husband's clothing.
Following her diagnosis, she contacted specialist asbestos disease
solicitors Thompsons in Manchester to investigate her case.
Now, she is urging others who worked for Manchester City Council
as joiners from 1969 to 1977 -- particularly those that may have
known her late husband -- to come forward with information.
Determined to carry on in the face of her devastating illness, she
hopes compensation will help her fund treatments that aren't
currently available on the NHS, but could potentially prolong her
life.
She is currently working closely with charity Mesothelioma UK,
raising awareness of her type of cancer, and also praised Greater
Manchester Asbestos Victim Support Group for the invaluable help
they've given her since her diagnosis.
They organised funding to help her, which she plans to repay if
she gets compensation.
She continued: 'I refuse to be defined by my illness. I've been
given a sentence but I won't give in to it.
'I've kept very positive, and am surrounded by positive people.
I'm not downbeat because there's nothing I can do about this.
'I'll just keep looking forward, keep making plans and spending
time with my family. I never used to be one for having my picture
taken but now I do it all the time because I'm determined to make
memories.'
A spokesperson for Manchester City Council said: 'It is always
deeply regrettable when anybody has contracted mesothelioma or any
other asbestos-related illness, but it would be inappropriate for
us to comment on this case at the present time.'
Anyone with information about potential asbestos exposure with
Manchester City Council as joiners between 1969 and 1977 or anyone
who worked with Mick Power during that period please contact
Steven Dickens at Thompsons Solicitors on 0161 819 3571 or email
stevendickens@thompsons.law.co.uk
ASBESTOS UPDATE: Mesothelioma Deaths in Ireland to Double by 2020
-----------------------------------------------------------------
Tim Povtak, writing for Asbestos.com, reported that Ireland's
annual number of deaths from mesothelioma cancer is expected to
double by 2020, despite prohibitions on the use of asbestos and
increased efforts to combat its lingering dangers.
The continued rise is a growing concern as a younger workforce
emerges without the experience to properly identify the toxic
mineral.
"There is this misperception here that asbestos has gone away,"
Darren Arkins, senior inspector at the Health and Safety Authority
(HAS) in Ireland, told Asbestos.com. "But we have the same
difficulties as everyone else. It's still a problem. We must
remain vigilant."
Irish lawmakers hinted at banning asbestos with legislation
introduced in 1994 and 1998. A general prohibition was issued in
2000 under European Union regulations.
Mesothelioma, a rare and aggressive cancer, is caused primarily by
exposure to microscopic asbestos fibers, which can be inhaled or
ingested unknowingly. Occupational exposure is responsible for the
vast majority of cases.
Asbestos was used prominently in Ireland from 1960 to the mid-
1980s, before its toxicity became well known. It was coveted in
the construction industry for its ability to resist heat and
strengthen many materials.
Latency Period Linked to Rise in Deaths
According to Ireland's National Cancer Registry, 24 deaths were
attributed to mesothelioma each year from 1994-2010. The majority
of cases were male and pleural mesothelioma, which develops in the
thin membrane surrounding the lungs.
The male death toll from mesothelioma reached a high of 36 in
2009, but the cancer registry estimates that number will reach 68
by 2020, before it starts to decline in the following years.
The rise and decline is predicted primarily because of
mesothelioma's lengthy latency period (20-50 years) and the peak
of asbestos use in Ireland.
"We're coming to the far limits of the latency period for high
exposure in the industry," Arkins said. "There is a strong belief
that we're hitting a peak now. I'd expect the numbers to drop
after 2020, but we might not hit zero for a very long time."
The significant rise is especially concerning because the overall
cancer death rate in Ireland already has plateaued and begun to
decline, according the registry.
In the U.S., approximately 2,500 people die each year from
mesothelioma.
Asbestos-Related Lung Cancer Is Also a Problem
Arkins believes for every mesothelioma death attributed to
asbestos exposure, there are two or three lung cancer deaths
caused by asbestos exposure.
Despite increased awareness efforts by HAS, Arkins worries
asbestos exposure will continue for two major reasons: The
recovering economy has led to an increase in renovations and
refurbishments across the country, and the workforce is changing.
Many younger workers never dealt with asbestos in new construction
-- like older workers did years ago -- and often don't recognize
asbestos products when they encounter them during a refurbishment.
"That level of experience [recognizing asbestos] is disappearing
in the workforce," he said. "A lot of these guys now would never
have seen or come across asbestos before."
Ireland requires everyone in the building industry to take Safe
Pass training annually, where asbestos and general construction
dust is discussed extensively. The class has helped younger
workers become more aware of the dangers of asbestos.
Residential Renovations Tough to Follow
By law, when a certain level of asbestos is found in a structure
about to be renovated or demolished, the HSA must be notified.
These notifications have doubled since 2010.
Arkins said a majority of the notifications came from the private
sector, and he expects the number will continue to rise. There
also is the issue of residential work on older homes, where
regulations are not as easily enforced.
"Residential can be a big problem," he said. "You want some
refurbishment, and you get Billy the Builder down the road to do
it, and he does it however he wants. Contractors should know the
regulations, but they have to inform the homeowner."
Ireland also has no disposal facility for asbestos waste.
Materials must be shipped abroad, most often to Germany. That
raises the cost of business, which can lead to risky shortcuts.
"Communication is key. We're always trying to get the word out,"
Arkins said. "And people are generally more health conscious than
years ago. Before, it was such a macho culture with guys smoking
20 cigarettes a day, saying dust wouldn't bother me. Today,
there's a big push to have a healthier workplace, and that helps
everyone."
ASBESTOS UPDATE: Atty, Filmmaker Not Allowed to View Testimony
--------------------------------------------------------------
P. David Yates, writing for Forbes.com, reported that a Texas
judge's refusal to unseal testimony given by renowned plaintiffs
attorney Russell Budd on the "Terrell memo" was a "travesty," says
the lawyer who filed the motion to unseal it on behalf of a
documentary filmmaker.
Late last year, Christine Biederman, a Dallas lawyer and freelance
journalist working on behalf of a documentary filmmaker,
intervened in a 24-year old asbestos suit filed in Travis County,
seeking to unearth the deposition of Budd, the current president
of Baron & Budd -- a Dallas-based law firm specializing in toxic
torts.
While the case in question was dismissed a decade ago, and Budd's
deposition on the Terrell memo was offered 10 years prior to that,
Biederman and her client Paul Johnson Films suspect the testimony
has relevancy to ongoing asbestos litigation and could play a role
in Johnson's upcoming documentary dubbed "UnSettled," a film
developed to cast light on the business of asbestos lawsuits.
The Terrell memo, considered by some to be a "cheat sheet,"
purportedly reveals how Baron & Budd attorneys coached up clients
on how to identify asbestos products and exposures that they might
not actually remember and might never have been exposed to in the
first place.
On Jan. 31, Judge Orlinda Naranjo, 419th District Court, ruled the
court did not have jurisdiction over the case, brushing off
Biederman's motion to unseal following a 35-minute hearing.
When asked if the judge made the right call, Biederman answered:
"Absolutely not."
"It's a travesty whenever court records are not open and available
to the public -- it's America 101 that our courts should be open,"
Biederman told the Southeast Texas Record. "When you file a case
in a publicly funded system, the presumption should always be the
public has a right to know.
"Secrecy is the enemy of justice."
Perhaps ironically, Judge Naranjo sided with Baron & Budd's
counsel and found the filmmaker's request to film the hearing
untimely, as the motion to record was made the day of. However,
the judge had no issue allowing Baron & Budd's rather lengthy
response, which was filed the day before, despite Biederman's
objections to its timeliness.
"What can I say? I got a little bit hometowned," Biederman said.
Claiming she was blindsided, Biederman was served with the
response only hours before the hearing, a reply several hundred
pages long and at least "a couple of inches thick," she says.
"I was a little surprised," Biederman said. "Let's just say they
(Baron & Budd) spent a lot of money to try and keep that
deposition under wraps."
The architects of the response were Austin attorneys Charles
Herring and Jason Panzer, malpractice lawyers who have counseled
some of Texas' most high-profile attorneys, including Steve Mostyn
at a sanctions hearing against him last May.
When Biederman first served Baron & Budd with her motion back in
November, she didn't receive any reaction at all, saying the firm
only took notice once she set the matter for hearing.
"They acted like they didn't care at first," she said.
Most of the case files in the asbestos suit had been disposed of,
a development that forced Biederman to piece events together from
a patchwork docket.
Biederman, a former U.S. assistant attorney, says she was
"shocked" to find out most of the case records had been destroyed.
"I have never heard of anything like this in any other county in
Texas," she said. "I think that someone clearly screwed up."
During the hearing, Budd's counsel cited a Travis County statute
that allowed all the case files to be destroyed.
Biederman and her colleagues are currently weighing the option of
an appeal.
They believe Budd's deposition could even be relevant to the 2014
Garlock Sealing Technologies bankruptcy case that exposed attorney
"double-dipping" in bankruptcy asbestos trusts.
In January 2014, U.S. Bankruptcy Judge George Hodges ruled in a
landmark decision that plaintiffs attorneys had been withholding
evidence that could have been submitted to bankruptcy trusts that
were established by companies frequently hit with asbestos claims.
Claimants withheld that evidence from the bankruptcy system while
pursuing lawsuits against solvent companies.
They did so in order to maximize recovery in both systems, he
ruled.
Garlock had been permitted full discovery into the claims of 15
individuals and eventually filed racketeering lawsuits against the
law firms that represented them.
"It appears certain that more extensive discovery would show more
extensive abuse," Hodges wrote. "But that is not necessary because
the startling pattern of misrepresentation that has been shown is
sufficiently persuasive."
Ultimately, Hodges ordered Garlock to put $125 million in its
trust -- more than $1 billion less than plaintiffs attorneys had
requested. Hodges ruled that Garlock's past record of verdicts and
settlements was not an indicator of future liabilities because of
the actions of plaintiffs attorneys.
Garlock eventually agreed to put more than $350 million in its
trust and settled racketeering cases against several law firms.
John Crane Inc. has picked up the racketeering claims against two
of those.
The evidence Garlock submitted was unsealed by a Legal Newsline
lawsuit.
As of Feb. 6, Judge Naranjo has not responded to a request for
comment on the Budd deposition ruling.
ASBESTOS UPDATE: Workers Finish Covering Asbestos at Old Mill
-------------------------------------------------------------
David Boraks, writing for WFAE.com, reported that contractors have
finished installing a plastic liner, fresh earth and a fiber mat
over an asbestos site at the Metrolina Warehouse near downtown
Davidson. Last fall, runoff was discovered flowing from a slope
behind the old mill, at 301 Depot St., in Davidson.
The state Department of Environmental Quality (DEQ) said Friday,
Feb. 3, that work on the slope behind the former Carolina Asbestos
plant took three days. The project was overseen by the DEQ and
N.C. Department of Health and Human Services.
The DEQ said air monitors around the site and on workers detected
no airborne asbestos during the work.
The work began on Monday, Jan. 30. Workers removed trees and
bushes, then filled holes on the slope with concrete. A six-inch
layer of fresh topsoil was added, then grass seed and fertilizer.
Finally, a coconut fiber mat was put on top, to hold the soil in
place while the grass grows.
The workers also built a soil berm around the area to direct rain
away from the slope. And a green "filter sock" was installed at
the bottom of the slope to catch runoff.
"We're confident the landscaping work completed on the site will
prevent future exposure to asbestos," said Michael Scott, director
of the DEQ's Division of Waste Management, which oversaw the work.
"But the state and the property manager will continue to monitor
the site and ensure repairs can be made quickly if any problems
arise."
Runoff at the site was found last fall. Environmental officials
think heavy rain and/or burrowing animals eroded the slope,
unearthing asbestos buried there decades ago when the factory made
shingles, fabric and other asbestos products. The runoff flowed
onto two residential streets.
Charlotte developers are considering tearing down the old mill and
building a 183-unit apartment building on the site. But first,
they'll need a "brownfields agreement" with state officials, which
spells how the site would be permanently cleaned up.
That would allow the developers, Miller-Valentine, to get cost
estimates for a cleanup, and decide whether the redevelopment
project is financially feasible.
Meanwhile, the federal Environmental Protection Agency is still
working on separate plans to clean up asbestos found in the yards
of homes near the old factory.
ASBESTOS UPDATE: Halliburton Charged $54MM to Settle Class Suit
---------------------------------------------------------------
Halliburton Company incurred a charge of $54 million during the
fourth quarter after reaching an agreement to settle the Erica P.
John Fund class action, according to the Company's Form 8-K filing
with the U.S. Securities and Exchange Commission dated January 23,
2017.
In December 2016, Halliburton reached an agreement in principle to
settle the Erica P. John Fund class action lawsuit that has been
pending for over 14 years and which asserted claims in connection
with accounting for long-term construction projects and asbestos
liability disclosures. As a result, Halliburton incurred a charge
of $54 million during the fourth quarter.
Halliburton Company provides energy services and engineering and
construction services, as well as manufactures products for the
energy industry.
ASBESTOS UPDATE: Travelers Has $1,326MM Reserves at Dec. 31
-----------------------------------------------------------
The Travelers Companies, Inc., has $1,326 million asbestos
reserves for the fourth quarter of 2016, according to the
Company's Form 8-K filing with the U.S. Securities and Exchange
Commission dated January 24, 2017.
A full-text copy of the disclosure is available at
https://is.gd/SPKPOp
The Travelers Companies, Inc., through its subsidiaries, provides
a range of commercial and personal property, and casualty
insurance products and services to businesses, government units,
associations, and individuals in the United states and
internationally.
ASBESTOS UPDATE: Columbus McKinnon Expects Up to $7.4MM Liability
-----------------------------------------------------------------
Columbus McKinnon Corporation has estimated its asbestos-related
aggregate liability to range between $4,700,000 and $7,400,000
using actuarial parameters of continued claims for a period of 37
years from December 31, 2016, according to the Company's Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarterly period ended December 31, 2016.
Like many industrial manufacturers, the Company is involved in
asbestos-related litigation. In continually evaluating costs
relating to its estimated asbestos-related liability, the Company
reviews, among other things, the incidence of past and recent
claims, the historical case dismissal rate, the mix of the claimed
illnesses and occupations of the plaintiffs, its recent and
historical resolution of the cases, the number of cases pending
against it, the status and results of broad-based settlement
discussions, and the number of years such activity might continue.
Based on this review, the Company has estimated its share of
liability to defend and resolve probable asbestos-related personal
injury claims. This estimate is highly uncertain due to the
limitations of the available data and the difficulty of
forecasting with any certainty the numerous variables that can
affect the range of the liability. The Company will continue to
study the variables in light of additional information in order to
identify trends that may become evident and to assess their impact
on the range of liability that is probable and estimable.
Based on actuarial information, the Company has estimated its
asbestos-related aggregate liability including related legal
defense costs to range between $4,700,000 and $7,400,000 using
actuarial parameters of continued claims for a period of 37 years
from December 31, 2016. The Company's estimation of its asbestos-
related aggregate liability that is probable and estimable, in
accordance with U.S. generally accepted accounting principles
approximates $6,178,000, which has been reflected as a liability
in the consolidated financial statements as of December 31, 2016.
The recorded liability does not consider the impact of any
potential favorable federal legislation. This liability will
fluctuate based on the uncertainty in the number of future claims
that will be filed and the cost to resolve those claims, which may
be influenced by a number of factors, including the outcome of the
ongoing broad-based settlement negotiations, defensive strategies,
and the cost to resolve claims outside the broad-based settlement
program. Of this amount, management expects to incur asbestos
liability and legal defense payments of approximately $2,000,000
over the next 12 months. Because payment of the liability is
likely to extend over many years, management believes that the
potential additional costs for claims will not have a material
effect on the financial condition of the Company or its liquidity,
although the effect of any future liabilities recorded could be
material to earnings in a future period.
The Company believes that a share of its previously incurred
asbestos-related expenses and future asbestos-related expenses are
covered by pre-existing insurance policies. The Company has
engaged in a legal action against the insurance carriers for those
policies to recover these expenses and future costs incurred. When
the Company resolves this legal action, it is expected that a gain
will be recorded for previously expensed costs that are recovered.
Columbus McKinnon Corporation, incorporated on October 23, 1929,
is a global designer, manufacturer and marketer of hoists,
actuators, cranes, rigging tools, digital power control systems,
and other material handling products serving various commercial
and industrial end user markets.
ASBESTOS UPDATE: Columbus McKinnon Unit Has $1.121MM Liability
--------------------------------------------------------------
Magnetek, a subsidiary of Columbus McKinnon Corporation, has
asbestos related liability including legal defense costs of
approximately $1,121,000, which has been reflected as a liability
in the consolidated financial statements at December 31, 2016,
according to Columbus McKinnon's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
December 31, 2016.
Magnetek has been named, along with multiple other defendants, in
asbestos-related lawsuits associated with business operations
previously acquired but which are no longer owned. During
Magnetek's ownership, none of the businesses produced or sold
asbestos-containing products. For such claims, Magnetek is
uninsured and either contractually indemnified against liability,
or contractually obligated to defend and indemnify the purchaser
of these former business operations. The Company aggressively
seeks dismissal from these proceedings. Based on actuarial
information, the asbestos related liability including legal
defense costs is estimated to be approximately $1,121,000 which
has been reflected as a liability in the consolidated financial
statements at December 31, 2016.
Magnetek is a designer and manufacturer of digital power and
motion control solutions for material handling, elevators, and
mining applications.
Columbus McKinnon Corporation, incorporated on October 23, 1929,
is a global designer, manufacturer and marketer of hoists,
actuators, cranes, rigging tools, digital power control systems,
and other material handling products serving various commercial
and industrial end user markets.
ASBESTOS UPDATE: Dow Chemical Charges $1B for Defense Costs
-----------------------------------------------------------
The Dow Chemical Company recorded a pretax charge of $1,009
million for asbestos-related defense costs through the terminal
date of 2049 after an accounting policy change, according to the
Company's form 8-K filing with the U.S. Securities and Exchange
Commission on January 26, 2017.
In the fourth quarter of 2016, the Company elected to change its
method of accounting for asbestos-related defense costs from
expensing as incurred to estimating and accruing a liability. As a
result of this accounting policy change, the Company recorded a
pretax charge of $1,009 million for asbestos-related defense costs
through the terminal date of 2049. The Company also recorded a
pretax charge of $104 million to increase the asbestos-related
liability for pending and future claims through the terminal date
of 2049.
A full-text copy of the disclosure is available at
https://is.gd/iWi0sS
The Dow Chemical Company is a diversified chemical company that
provides chemical, plastic, and agricultural products and services
to various essential consumer markets.
ASBESTOS UPDATE: Ashland Global Has $406MM Reserves at Dec. 31
--------------------------------------------------------------
Ashland Global Holdings Inc. has total reserves for asbestos
claims of $406 million at December 31, 2016, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended December 31, 2016.
Asbestos Litigation
Ashland and Hercules have liabilities from claims alleging
personal injury caused by exposure to asbestos. To assist in
developing and annually updating independent reserve estimates for
future asbestos claims and related costs given various
assumptions, Ashland retained Hamilton, Rabinovitz & Associates,
Inc. (HR&A). The methodology used by HR&A to project future
asbestos costs is based largely on recent experience, including
claim-filing and settlement rates, disease mix, enacted
legislation, open claims and litigation defense. The claim
experience of Ashland and Hercules are separately compared to the
results of previously conducted third party epidemiological
studies estimating the number of people likely to develop
asbestos-related diseases. Those studies were undertaken in
connection with national analyses of the population expected to
have been exposed to asbestos. Using that information, HR&A
estimates a range of the number of future claims that may be
filed, as well as the related costs that may be incurred in
resolving those claims. Changes in asbestos-related liabilities
and receivables are recorded on an after-tax basis within the
discontinued operations caption in the Statements of Consolidated
Comprehensive Income.
Ashland Asbestos-related Litigation
The claims alleging personal injury caused by exposure to asbestos
asserted against Ashland result primarily from indemnification
obligations undertaken in 1990 in connection with the sale of
Riley Stoker Corporation, a former subsidiary. The amount and
timing of settlements and number of open claims can fluctuate from
period to period. A summary of Ashland asbestos claims activity,
excluding Hercules claims, is found at the Company's financial
report at: https://is.gd/WwfsuG
Ashland Asbestos-related Liability
From the range of estimates, Ashland records the amount it
believes to be the best estimate of future payments for litigation
defense and claim settlement costs, which generally approximates
the mid-point of the estimated range of exposure from model
results. Ashland reviews this estimate and related assumptions
quarterly and annually updates the results of a non-inflated, non-
discounted approximate 50-year model developed with the assistance
of HR&A.
During the most recent annual update of this estimate completed
during the June 2016 quarter, it was determined that the liability
for Ashland asbestos-related claims should be increased by $37
million. Total reserves for asbestos claims were $406 million at
December 31, 2016 compared to $415 million at September 30, 2016.
A progression of activity in the asbestos reserve is presented in
a table at https://is.gd/WwfsuG
Ashland Asbestos-related Receivables
Ashland has insurance coverage for certain litigation defense and
claim settlement costs incurred in connection with its asbestos
claims, and coverage-in-place agreements exist with the insurance
companies that provide substantially all of the coverage that will
be accessed.
For the Ashland asbestos-related obligations, Ashland has
estimated the value of probable insurance recoveries associated
with its asbestos reserve based on management's interpretations
and estimates surrounding the available or applicable insurance
coverage, including an assumption that all solvent insurance
carriers remain solvent. Substantially all of the estimated
receivables from insurance companies are expected to be due from
domestic insurers, all of which are solvent.
At December 31, 2016, Ashland's receivable for recoveries of
litigation defense and claim settlement costs from insurers
amounted to $149 million (excluding the Hercules receivable for
asbestos claims), of which $7 million relates to costs previously
paid. Receivables from insurers amounted to $151 million at
September 30, 2016. During the June 2016 quarter, the annual
update of the model used for purposes of valuing the asbestos
reserve and its impact on valuation of future recoveries from
insurers was completed. This model update resulted in a $16
million increase in the receivable for probable insurance
recoveries.
During the March 2016 quarter, Ashland entered into settlement
agreements totaling $4 million with certain insurers, which
resulted in a reduction of the Ashland insurance receivable within
the Condensed Consolidated Balance Sheets by the same amount.
During the June 2016 quarter, Ashland placed $4 million of the
settlement funds into the renewable annual trust.
Ashland Global Holdings Inc. provides specialty chemical solutions
worldwide.
ASBESTOS UPDATE: Hercules Has $318MM Asbestos Reserves at Dec. 31
-----------------------------------------------------------------
Hercules LLC, formerly Hercules Incorporated, an indirect wholly-
owned subsidiary of Ashland Global Holdings Inc., has total
reserves for asbestos claims of $318 million at December 31, 2016,
according to Ashland's Form 10-Q filing with the U.S. Securities
and Exchange Commission for the quarterly period ended December
31, 2016.
Hercules Asbestos-related Litigation
Hercules has liabilities from claims alleging personal injury
caused by exposure to asbestos. Such claims typically arise from
alleged exposure to asbestos fibers from resin encapsulated pipe
and tank products which were sold by one of Hercules' former
subsidiaries to a limited industrial market. The amount and
timing of settlements and number of open claims can fluctuate from
period to period. A summary of Hercules' asbestos claims activity
is found at the Company's financial report at:
https://is.gd/WwfsuG
Hercules Asbestos-related Liability
From the range of estimates, Ashland records the amount it
believes to be the best estimate of future payments for litigation
defense and claim settlement costs, which generally approximates
the mid-point of the estimated range of exposure from model
results. Ashland reviews this estimate and related assumptions
quarterly and annually updates the results of a non-inflated, non-
discounted approximate 50-year model developed with the assistance
of HR&A. As a result of the most recent annual update of this
estimate, completed during the June 2016 quarter, it was
determined that the liability for Hercules asbestos-related claims
should be increased by $25 million. Total reserves for asbestos
claims were $318 million at December 31, 2016 compared to $321
million at September 30, 2016.
A progression of activity in the asbestos reserve is found at the
Company's financial report at: https://is.gd/WwfsuG
Hercules Asbestos-related Receivables
For the Hercules asbestos-related obligations, certain
reimbursement obligations pursuant to coverage-in-place agreements
with insurance carriers exist. As a result, any increases in the
asbestos reserve have been partially offset by probable insurance
recoveries. Ashland has estimated the value of probable insurance
recoveries associated with its asbestos reserve based on
management's interpretations and estimates surrounding the
available or applicable insurance coverage, including an
assumption that all solvent insurance carriers remain solvent.
The estimated receivable consists exclusively of solvent domestic
insurers.
As of December 31, 2016 and September 30, 2016, the receivables
from insurers amounted to $63 million. During the June 2016
quarter, the annual update of the model used for purposes of
valuing the asbestos reserve and its impact on valuation of future
recoveries from insurers was completed. This model update
resulted in a $7 million increase in the receivable for probable
insurance recoveries.
Ashland Global Holdings Inc. provides specialty chemical solutions
worldwide.
ASBESTOS UPDATE: Ashland Global Expects Up to $1.1B Legal Costs
---------------------------------------------------------------
Ashland Global Holdings Inc. has currently estimated that it is
reasonably possible that its total future litigation defense and
claim settlement costs could range as high as approximately $670
million for the Ashland asbestos-related litigation and
approximately $490 million for the Hercules asbestos-related
litigation, according to the Company's Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarterly period
ended December 31, 2016.
Asbestos Litigation Cost Projection
Projecting future asbestos costs is subject to numerous variables
that are extremely difficult to predict. In addition to the
significant uncertainties surrounding the number of claims that
might be received, other variables include the type and severity
of the disease alleged by each claimant, the long latency period
associated with asbestos exposure, mortality rates, dismissal
rates, costs of medical treatment, the impact of bankruptcies of
other companies that are co-defendants in claims, uncertainties
surrounding the litigation process from jurisdiction to
jurisdiction and from case to case, and the impact of potential
changes in legislative or judicial standards.
Furthermore, any predictions with respect to these variables are
subject to even greater uncertainty as the projection period
lengthens. In light of these inherent uncertainties, Ashland
believes that the asbestos reserves for Ashland and Hercules
represent the best estimate within a range of possible outcomes.
As a part of the process to develop these estimates of future
asbestos costs, a range of long-term cost models was developed.
These models are based on national studies that predict the number
of people likely to develop asbestos-related diseases and are
heavily influenced by assumptions regarding long-term inflation
rates for indemnity payments and legal defense costs, as well as
other variables mentioned previously. Ashland has currently
estimated in various models ranging from approximately 40 to 50
year periods that it is reasonably possible that total future
litigation defense and claim settlement costs on an inflated and
undiscounted basis could range as high as approximately $670
million for the Ashland asbestos-related litigation (current
reserve of $406 million) and approximately $490 million for the
Hercules asbestos-related litigation (current reserve of $318
million), depending on the combination of assumptions selected in
the various models.
If actual experience is worse than projected, relative to the
number of claims filed, the severity of alleged disease associated
with those claims or costs incurred to resolve those claims, or
actuarial refinement or improvements to the assumptions used
within these models are initiated, Ashland may need to further
increase the estimates of the costs associated with asbestos
claims and these increases could be material over time.
Ashland Global Holdings Inc. provides specialty chemical solutions
worldwide.
ASBESTOS UPDATE: H.B. Fuller Records $1.4MM Settlement Amount
-------------------------------------------------------------
H.B. Fuller Company recorded a settlement amount of $1.4 million
for asbestos-related lawsuits for the year ended December 3, 2016,
according to the Company's Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
December 3, 2016.
The Company states: "We have been named as a defendant in lawsuits
in which plaintiffs have alleged injury due to products containing
asbestos manufactured more than 30 years ago. The plaintiffs
generally bring these lawsuits against multiple defendants and
seek damages (both actual and punitive) in very large amounts. In
many cases, plaintiffs are unable to demonstrate that they have
suffered any compensable injuries or that the injuries suffered
were the result of exposure to products manufactured by us. We are
typically dismissed as a defendant in such cases without payment.
If the plaintiff presents evidence indicating that compensable
injury occurred as a result of exposure to our products, the case
is generally settled for an amount that reflects the seriousness
of the injury, the length, intensity and character of exposure to
products containing asbestos, the number and solvency of other
defendants in the case, and the jurisdiction in which the case has
been brought.
"A significant portion of the defense costs and settlements in
asbestos-related litigation is paid by third parties, including
indemnification pursuant to the provisions of a 1976 agreement
under which we acquired a business from a third party. Currently,
this third party is defending and paying settlement amounts, under
a reservation of rights, in most of the asbestos cases tendered to
the third party.
"In addition to the indemnification arrangements with third
parties, we have insurance policies that generally provide
coverage for asbestos liabilities (including defense costs).
Historically, insurers have paid a significant portion of our
defense costs and settlements in asbestos-related litigation.
However, certain of our insurers are insolvent. We have entered
into cost-sharing agreements with our insurers that provide for
the allocation of defense costs and settlements and judgments in
asbestos-related lawsuits. These agreements require, among other
things, that we fund a share of settlements and judgments
allocable to years in which the responsible insurer is insolvent."
A summary of the number of and settlement amounts for asbestos-
related lawsuits may be viewed at https://is.gd/cdCxQL
"We do not believe that it would be meaningful to disclose the
aggregate number of asbestos-related lawsuits filed against us
because relatively few of these lawsuits are known to involve
exposure to asbestos-containing products that we manufactured.
Rather, we believe it is more meaningful to disclose the number of
lawsuits that are settled and result in a payment to the
plaintiff. To the extent we can reasonably estimate the amount of
our probable liabilities for pending asbestos-related claims, we
establish a financial provision and a corresponding receivable for
insurance recoveries.
"Based on currently available information, we have concluded that
the resolution of any pending matter, including asbestos-related
litigation, individually or in the aggregate, will not have a
material adverse effect on our results of operations, financial
condition or cash flow. However, adverse developments and/or
periodic settlements could negatively impact the results of
operations or cash flows in one or more future periods."
Asset Retirement Obligations
"We recognize asset retirement obligations (AROs) in the period in
which we have an existing legal obligation associated with the
retirement of a tangible long-lived asset, and the amount can be
reasonably estimated. The ARO is recognized at fair value when the
liability is incurred. Upon initial recognition of a liability,
that cost is capitalized as part of the related long-lived asset
and depreciated on a straight-line basis over the remaining
estimated useful life of the related asset. We have recognized a
liability related to special handling of asbestos related
materials in certain facilities for which we have plans or
expectation of plans to undertake a major renovation or demolition
project that would require the removal of asbestos or have plans
or expectation of plans to exit a facility. In addition, we have
determined that we have facilities with some level of asbestos
that will require abatement action in the future. Once the
probability and timeframe of an action are determined, we apply
certain assumptions to determine the related liability and asset.
These assumptions include the use of inflation rates, the use of
credit adjusted risk-free discount rates and the estimation of
costs to handle asbestos related materials. The recorded liability
is required to be adjusted for changes resulting from the passage
of time and/or revisions to the timing or the amount of the
original estimate. The asset retirement obligation liability was
$2,264,000 and $2,274,000 at December 3, 2016 and November 28,
2015, respectively."
H.B. Fuller Company sells industrial adhesives, industrial
coatings, industrial sealants and specialty materials.
H.B. Fuller Company -- http://www.hbfuller.com/--
supplies industrial adhesives, industrial coatings, industrial
sealants and specialty materials in two dozen markets.
ASBESTOS UPDATE: Crane Co. Had 36,052 Pending Claims at Dec. 31
---------------------------------------------------------------
Crane Co. has 36,052 pending asbestos claims as of December 31,
2016, according to the Company's Form 8-K filing with the U.S.
Securities and Exchange Commission dated January 30, 2017.
As of December 31, 2016, the Company was a defendant in asbestos
cases filed in numerous state and federal courts alleging injury
or death as a result of exposure to asbestos. Activity related to
asbestos claims during the periods indicated is available at:
https://is.gd/e9qw43
Of the 36,052 pending claims as of December 31, 2016,
approximately 18,300 claims were pending in New York,
approximately 1,000 claims were pending in Texas, approximately
4,800 claims were pending in Mississippi, and approximately 200
claims were pending in Ohio, all jurisdictions in which
legislation or judicial orders restrict the types of claims that
can proceed to trial on the merits.
The Company has tried several cases resulting in defense verdicts
by the jury or directed verdicts for the defense by the court. The
Company further has pursued appeals of certain adverse jury
verdicts that have resulted in reversals in favor of the defense.
Crane Co. is a diversified manufacturer of engineered industrial
products. The Company operates in four segments: Fluid Handling,
Payment & Merchandising Technologies, Aerospace & Electronics, and
Engineered Materials.
ASBESTOS UPDATE: Crane Co. Incurs $73.5MM for Settlement, Defense
-----------------------------------------------------------------
Crane Co. incurred $73.5 million gross settlement and defense
costs for asbestos matters for the years ended December 31, 2016,
according to the Company's Form 8-K filing with the U.S.
Securities and Exchange Commission dated January 30, 2017.
The gross settlement and defense costs incurred (before insurance
recoveries and tax effects) for the Company for the years ended
December 31, 2016, 2015 and 2014 totaled $73.5 million, $69.4
million and $81.1 million. In contrast to the recognition of
settlement and defense costs, which reflect the current level of
activity in the tort system, cash payments and receipts generally
lag the tort system activity by several months or more, and may
show some fluctuation from quarter to quarter. Cash payments of
settlement amounts are not made until all releases and other
required documentation are received by the Company, and
reimbursements of both settlement amounts and defense costs by
insurers may be uneven due to insurer payment practices,
transitions from one insurance layer to the next excess layer and
the payment terms of certain reimbursement agreements. The
Company's total pre-tax payments for settlement and defense costs,
net of funds received from insurers, for the years ended December
31, 2016, 2015 and 2014 totaled $56.0 million, $49.9 million and
$61.3 million, respectively. For the comparable amounts for the
periods indicated, see: https://is.gd/e9qw43
The amounts shown for settlement and defense costs incurred, and
cash payments, are not necessarily indicative of future period
amounts, which may be higher or lower than those reported.
Cumulatively through December 31, 2016, the Company has resolved
(by settlement or dismissal) approximately 124,000 claims. The
related settlement cost incurred by the Company and its insurance
carriers is approximately $483 million, for an average settlement
cost per resolved claim of approximately $3,900. The average
settlement cost per claim resolved during the years ended December
31, 2016, 2015 and 2014 was $3,900, $3,100 and $3,800,
respectively. Because claims are sometimes dismissed in large
groups, the average cost per resolved claim, as well as the number
of open claims, can fluctuate significantly from period to period.
In addition to large group dismissals, the nature of the disease
and corresponding settlement amounts for each claim resolved will
also drive changes from period to period in the average settlement
cost per claim. Accordingly, the average cost per resolved claim
is not considered in the Company's periodic review of its
estimated asbestos liability.
Effects on the Condensed Consolidated Financial Statements
The Company has retained the firm of Hamilton, Rabinovitz &
Associates, Inc. ("HR&A"), a nationally recognized expert in the
field, to assist management in estimating the Company's asbestos
liability in the tort system. HR&A reviews information provided by
the Company concerning claims filed, settled and dismissed,
amounts paid in settlements and relevant claim information such as
the nature of the asbestos-related disease asserted by the
claimant, the jurisdiction where filed and the time lag from
filing to disposition of the claim. The methodology used by HR&A
to project future asbestos costs is based on the Company's recent
historical experience for claims filed, settled and dismissed
during a base reference period. The Company's experience is then
compared to estimates of the number of individuals likely to
develop asbestos-related diseases determined based on widely used
previously conducted epidemiological studies augmented with
current data inputs. Those studies were undertaken in connection
with national analyses of the population of workers believed to
have been exposed to asbestos. Using that information, HR&A
estimates the number of future claims that would be filed against
the Company and estimates the aggregate settlement or indemnity
costs that would be incurred to resolve both pending and future
claims based upon the average settlement costs by disease during
the reference period. This methodology has been accepted by
numerous courts. After discussions with the Company, HR&A augments
its liability estimate for the costs of defending asbestos claims
in the tort system using a forecast from the Company which is
based upon discussions with its defense counsel. Based on this
information, HR&A compiles an estimate of the Company's asbestos
liability for pending and future claims using a range of reference
periods based on claim experience and covering claims expected to
be filed through the indicated forecast period. The most
significant factors affecting the liability estimate are (1) the
number of new mesothelioma claims filed against the Company, (2)
the average settlement costs for mesothelioma claims, (3) the
percentage of mesothelioma claims dismissed against the Company
and (4) the aggregate defense costs incurred by the Company. These
factors are interdependent, and no one factor predominates in
determining the liability estimate.
In the Company's view, the forecast period used to provide the
best estimate for asbestos claims and related liabilities and
costs is a judgment based upon a number of trend factors,
including the number and type of claims being filed each year; the
jurisdictions where such claims are filed, and the effect of any
legislation or judicial orders in such jurisdictions restricting
the types of claims that can proceed to trial on the merits; and
the likelihood of any comprehensive asbestos legislation at the
federal level. In addition, the dynamics of asbestos litigation in
the tort system have been significantly affected by the
substantial number of companies that have filed for bankruptcy
protection, thereby staying any asbestos claims against them until
the conclusion of such proceedings, and the establishment of a
number of post-bankruptcy trusts for asbestos claimants, which
have been estimated to provide $36 billion for payments to current
and future claimants. These trend factors have both positive and
negative effects on the dynamics of asbestos litigation in the
tort system and the related best estimate of the Company's
asbestos liability, and these effects do not move in a linear
fashion but rather change over multi-year periods. Accordingly,
the Company's management continues to monitor these trend factors
over time and periodically assesses whether an alternative
forecast period is appropriate.
Each quarter, HR&A compiles an update based upon the Company's
experience in claims filed, settled and dismissed as well as
average settlement costs by disease category (mesothelioma, lung
cancer, other cancer, and non-malignant conditions including
asbestosis). In addition to this claims experience, the Company
also considers additional quantitative and qualitative factors
such as the nature of the aging of pending claims, significant
appellate rulings and legislative developments, and their
respective effects on expected future settlement values. As part
of this process, the Company also takes into account trends in the
tort system such as those enumerated above. Management considers
all these factors in conjunction with the liability estimate of
HR&A and determines whether a change in the estimate is warranted.
Crane Co. is a diversified manufacturer of engineered industrial
products. The Company operates in four segments: Fluid Handling,
Payment & Merchandising Technologies, Aerospace & Electronics, and
Engineered Materials.
ASBESTOS UPDATE: Crane Co. Records $227MM Additional Liability
--------------------------------------------------------------
Crane Co. recorded an additional liability of $227 million as of
December 31, 2016 after extending its estimate of the asbestos
liability through 2059, according to the Company's Form 8-K filing
with the U.S. Securities and Exchange Commission dated January 30,
2017.
With the assistance of Hamilton, Rabinovitz & Associates, Inc.
(HR&A), effective as of December 31, 2016, the Company extended
its estimate of the asbestos liability, including the costs of
settlement or indemnity payments and defense costs relating to
currently pending claims and future claims projected to be filed
against the Company through the generally accepted end point of
such claims in 2059. The Company's previous estimate was for
asbestos claims filed or projected to be filed through 2021.
The Company's estimate of the asbestos liability for pending and
future claims through 2059 is based on the projected future
asbestos costs resulting from the Company's experience using a
range of reference periods for claims filed, settled and
dismissed. Based on this estimate, the Company recorded an
additional liability of $227 million as of December 31, 2016. This
action was based on several factors which contribute to the
Company's ability to reasonably estimate this liability through
2059.
First, the number of mesothelioma claims (which although
constituting approximately 10% of the Company's total pending
asbestos claims, have consistently accounted for approximately 90%
of the Company's aggregate settlement and defense costs) being
filed against the Company and associated settlement costs have
stabilized. Second, there have been generally favorable
developments in the trend of case law which has been a
contributing factor in stabilizing the asbestos claims activity
and related settlement costs. Third, there have been significant
actions taken by certain state legislatures and courts that have
reduced the number and types of claims that can proceed to trial,
which has been a significant factor in stabilizing the asbestos
claims activity. Fourth, recent court decisions in certain
jurisdictions have provided additional clarity regarding the
nature of claims that may proceed to trial in those jurisdictions
and greater predictability regarding future claim activity.
Fifth, the Company has coverage-in-place agreements with almost
all of its excess insurers, which enables the Company to project a
stable relationship between settlement and defense costs paid by
the Company and reimbursements from its insurers. Sixth, annual
settlements with respect to groups of cases with certain plaintiff
firms have helped to stabilize indemnity payments and defense
costs. Taking these factors into account, the Company believes
that it can reasonably estimate the asbestos liability for pending
claims and future claims to be filed through 2059.
A liability of $696 million was recorded as of December 31, 2016
to cover the estimated cost of asbestos claims now pending or
subsequently asserted through 2059, of which approximately 80% is
attributable to settlement and defense costs for future claims
projected to be filed through 2059. The liability is reduced when
cash payments are made in respect of settled claims and defense
costs. It is not possible to forecast when cash payments related
to the asbestos liability will be fully expended; however, it is
expected such cash payments will continue for a number of years
past 2059, due to the significant proportion of future claims
included in the estimated asbestos liability and the lag time
between the date a claim is filed and when it is resolved. None of
these estimated costs have been discounted to present value due to
the inability to reliably forecast the timing of payments. The
current portion of the total estimated liability at December 31,
2016 was $71 million and represents the Company's best estimate of
total asbestos costs expected to be paid during the twelve-month
period ended December 31, 2017. Such amount is based upon the HR&A
model together with the Company's prior year payment experience
for both settlement and defense costs.
Insurance Coverage and Receivables
Prior to 2005, a significant portion of the Company's settlement
and defense costs were paid by its primary insurers. With the
exhaustion of that primary coverage, the Company began
negotiations with its excess insurers to reimburse the Company for
a portion of its settlement and/or defense costs as incurred.
To date, the Company has entered into agreements providing for
such reimbursements, known as "coverage-in-place", with eleven of
its excess insurer groups. Under such coverage-in-place
agreements, an insurer's policies remain in force and the insurer
undertakes to provide coverage for the Company's present and
future asbestos claims on specified terms and conditions that
address, among other things, the share of asbestos claims costs to
be paid by the insurer, payment terms, claims handling procedures
and the expiration of the insurer's obligations.
Similarly, under a variant of coverage-in-place, the Company has
entered into an agreement with a group of insurers confirming the
aggregate amount of available coverage under the subject policies
and setting forth a schedule for future reimbursement payments to
the Company based on aggregate indemnity and defense payments
made. In addition, with ten of its excess insurer groups, the
Company entered into agreements settling all asbestos and other
coverage obligations for an agreed sum, totaling $82.5 million in
aggregate. Reimbursements from insurers for past and ongoing
settlement and defense costs allocable to their policies have been
made in accordance with these coverage-in-place and other
agreements. All of these agreements include provisions for mutual
releases, indemnification of the insurer and, for coverage-in-
place, claims handling procedures. With the agreements referenced
above, the Company has concluded settlements with all but one of
its solvent excess insurers whose policies are expected to respond
to the aggregate costs included in the liability estimate. That
insurer, which issued a single applicable policy, has been paying
the shares of defense and indemnity costs the Company has
allocated to it, subject to a reservation of rights. There are no
pending legal proceedings between the Company and any insurer
contesting the Company's asbestos claims under its insurance
policies.
In conjunction with developing the aggregate liability estimate
referenced above, the Company also developed an estimate of
probable insurance recoveries for its asbestos liabilities. In
developing this estimate, the Company considered its coverage-in-
place and other settlement agreements described above, as well as
a number of additional factors. These additional factors include
the financial viability of the insurance companies, the method by
which losses will be allocated to the various insurance policies
and the years covered by those policies, how settlement and
defense costs will be covered by the insurance policies and
interpretation of the effect on coverage of various policy terms
and limits and their interrelationships. In addition, the timing
and amount of reimbursements will vary because the Company's
insurance coverage for asbestos claims involves multiple insurers,
with different policy terms and certain gaps in coverage. In
addition to consulting with legal counsel on these insurance
matters, the Company retained insurance consultants to assist
management in the estimation of probable insurance recoveries
based upon the aggregate liability estimate described above and
assuming the continued viability of all solvent insurance
carriers. Based upon the analysis of policy terms and other
factors noted above by the Company's legal counsel, and
incorporating risk mitigation judgments by the Company where
policy terms or other factors were not certain, the Company's
insurance consultants compiled a model indicating how the
Company's historical insurance policies would respond to varying
levels of asbestos settlement and defense costs and the allocation
of such costs between such insurers and the Company.
Using the estimated liability as of December 31, 2016 (for claims
filed or expected to be filed through 2059), the insurance
consultant's model forecasted that approximately 21% of the
liability would be reimbursed by the Company's insurers. While
there are overall limits on the aggregate amount of insurance
available to the Company with respect to asbestos claims, those
overall limits were not reached by the total estimated liability
currently recorded by the Company, and such overall limits did not
influence the Company in its determination of the asset amount to
record. The proportion of the asbestos liability that is allocated
to certain insurance coverage years, however, exceeds the limits
of available insurance in those years. The Company allocates to
itself the amount of the asbestos liability (for claims filed or
expected to be filed through 2059) that is in excess of available
insurance coverage allocated to such years. An asset of $143
million was recorded as of December 31, 2016 representing the
probable insurance reimbursement for such claims expected through
2059. The asset is reduced as reimbursements and other payments
from insurers are received.
The Company reviews the aforementioned estimated reimbursement
rate with its insurance consultants on a periodic basis in order
to confirm its overall consistency with the Company's established
reserves. The reviews encompass consideration of the performance
of the insurers under coverage-in-place agreements and the effect
of any additional lump-sum payments under other insurer
agreements. Actual insurance reimbursements vary from period to
period, and will decline over time, for the reasons cited above.
Uncertainties. Estimation of the Company's ultimate exposure for
asbestos-related claims is subject to significant uncertainties,
as there are multiple variables that can affect the timing,
severity and quantity of claims and the manner of their
resolution. The Company cautions that its estimated liability is
based on assumptions with respect to future claims, settlement and
defense costs based on past experience that may not prove reliable
as predictors; the assumptions are interdependent and no single
factor predominates in determining the liability estimate.
A significant upward or downward trend in the number of claims
filed, depending on the nature of the alleged injury, the
jurisdiction where filed and the quality of the product
identification, or a significant upward or downward trend in the
costs of defending claims, could change the estimated liability,
as would substantial adverse verdicts at trial that withstand
appeal. A legislative solution, structured settlement transaction,
or significant change in relevant case law could also change the
estimated liability.
The same factors that affect developing estimates of probable
settlement and defense costs for asbestos-related liabilities also
affect estimates of the probable insurance reimbursements, as do a
number of additional factors. These additional factors include the
financial viability of the insurance companies, the method by
which losses will be allocated to the various insurance policies
and the years covered by those policies, how settlement and
defense costs will be covered by the insurance policies and
interpretation of the effect on coverage of various policy terms
and limits and their interrelationships. In addition, due to the
uncertainties inherent in litigation matters, no assurances can be
given regarding the outcome of any litigation, if necessary, to
enforce the Company's rights under its insurance policies or
settlement agreements.
Many uncertainties exist surrounding asbestos litigation, and the
Company will continue to evaluate its estimated asbestos-related
liability and corresponding estimated insurance reimbursement as
well as the underlying assumptions and process used to derive
these amounts. These uncertainties may result in the Company
incurring future charges or increases to income to adjust the
carrying value of recorded liabilities and assets, particularly if
the number of claims and settlement and defense costs change
significantly, or if there are significant developments in the
trend of case law or court procedures, or if legislation or
another alternative solution is implemented. Although the
resolution of these claims will likely take many years, the effect
on the results of operations, financial position and cash flow in
any given period from a revision to these estimates could be
material.
Crane Co. is a diversified manufacturer of engineered industrial
products. The Company operates in four segments: Fluid Handling,
Payment & Merchandising Technologies, Aerospace & Electronics, and
Engineered Materials.
ASBESTOS UPDATE: Crane Co. Awaits Ruling in "Nelson" at Dec. 31
---------------------------------------------------------------
Crane Co. is still awaiting ruling by the Supreme Court of
Pennsylvania in the lawsuit over James Nelson's asbestos claim,
according to the Company's Form 8-K filing with the U.S.
Securities and Exchange Commission dated January 30, 2017.
On March 23, 2010, a Philadelphia, Pennsylvania, state court jury
found the Company responsible for a 1/11th share of a $14.5
million verdict in the James Nelson claim. On February 23, 2011,
the court entered judgment on the verdict in the amount of $4.0
million, jointly, against the Company and two other defendants,
with additional interest in the amount of $0.01 million being
assessed against the Company, only. All defendants, including the
Company, and the plaintiffs took timely appeals of certain aspects
of those judgments. On September 5, 2013, a panel of the
Pennsylvania Superior Court, in a 2-1 decision, vacated the Nelson
verdict against all defendants, reversing and remanding for a new
trial. Plaintiffs requested a rehearing in the Superior Court and
by order dated November 18, 2013, the Superior Court vacated the
panel opinion, and granted en banc reargument. On December 23,
2014, the Superior Court issued a second opinion reversing the
jury verdict. Plaintiffs sought leave to appeal to the
Pennsylvania Supreme Court, which defendants have opposed. By
order dated May 20, 2015, the Supreme Court of Pennsylvania is
holding, but not acting on, the plaintiffs' petition pending the
outcome of another appeal in which the Company is not a party. The
Court has taken no further action on Nelson since that time.
Crane Co. is a diversified manufacturer of engineered industrial
products. The Company operates in four segments: Fluid Handling,
Payment & Merchandising Technologies, Aerospace & Electronics, and
Engineered Materials.
ASBESTOS UPDATE: Crane Co. Pays $0.6MM to Settle "Vinciguerra"
--------------------------------------------------------------
Crane Co. paid $0.6 million during the fourth quarter to settle a
lawsuit filed Frank Vinciguerra, according to the Company's Form
8-K filing with the U.S. Securities and Exchange Commission dated
January 30, 2017.
On February 25, 2013, a Philadelphia, Pennsylvania, state court
jury found the Company responsible for a 1/10th share of a $2.5
million verdict in the Thomas Amato claim and a 1/5th share of a
$2.3 million verdict in the Frank Vinciguerra claim, which were
consolidated for trial. The Company filed post-trial motions
requesting judgments in the Company's favor notwithstanding the
jury's verdicts or new trials, and also requesting that settlement
offsets be applied to reduce the judgment in accordance with
Pennsylvania law. These motions were denied. The Company appealed,
and on April 17, 2015, a panel of the Superior Court of
Pennsylvania affirmed the trial court's ruling. The Supreme Court
of Pennsylvania accepted the Company's petition for review and
heard oral arguments on September 13, 2016. On November 22, 2016,
the Court dismissed the Company's appeal as improvidently granted.
The Company paid the Vinciguerra verdict in the amount of $0.6
million during the fourth quarter. The payment is reflected in the
fourth quarter 2016 indemnity amount.
Crane Co. is a diversified manufacturer of engineered industrial
products. The Company operates in four segments: Fluid Handling,
Payment & Merchandising Technologies, Aerospace & Electronics, and
Engineered Materials.
ASBESTOS UPDATE: Crane Co. Seeks Review of Ruling in "Peraica"
--------------------------------------------------------------
Crane Co. is asking the New York Court of Appeals to review a
ruling denying a rehearing of a $4.25 million damages award on
liability issues in an asbestos suit filed by Ivo Peraica,
according to the Company's Form 8-K filing with the U.S.
Securities and Exchange Commission dated January 30, 2017.
On March 1, 2013, a New York City state court jury entered a $35
million verdict against the Company in the Ivo Peraica claim. The
Company filed post-trial motions seeking to overturn the verdict,
to grant a new trial, or to reduce the damages, which the Company
argues were excessive under New York appellate case law governing
awards for non-economic losses and further were subject to
settlement offsets. After the trial court remitted the verdict to
$18 million, but otherwise denied the Company's post-trial motion,
judgment was entered against the Company in the amount of $10.6
million (including interest). The Company appealed. The Company
took a separate appeal of the trial court's denial of its summary
judgment motion. The Court consolidated the appeals, which were
heard in the fourth quarter of 2014. In July 2016 the Company
supplemented its briefing based on the New York Court of Appeals
Dummitt/Suttner decision. On October 6, 2016, a panel of the
Appellate Division, First Department, affirmed the rulings of the
trial court on liability issues but further reduced the damages
award to $4.25 million, which after settlement offsets is
calculated to be $1.94 million. Plaintiff has the option of
accepting the reduced amount or having a new trial on damages. The
Company filed a motion with the Appellate Division requesting a
rehearing on liability issues. The motion was denied. The Company
is seeking review before the New York Court of Appeals.
Crane Co. is a diversified manufacturer of engineered industrial
products. The Company operates in four segments: Fluid Handling,
Payment & Merchandising Technologies, Aerospace & Electronics, and
Engineered Materials.
ASBESTOS UPDATE: Crane Co. Settles "Holdsworth"
-----------------------------------------------
Crane Co. settled an asbestos suit filed by Lee Holdsworth,
according to the Company's Form 8-K filing with the U.S.
Securities and Exchange Commission dated January 30, 2017.
On July 31, 2013, a Buffalo, New York state court jury entered a
$3.1 million verdict against the Company in the Lee Holdsworth
claim. The Company filed post-trial motions seeking to overturn
the verdict, to grant a new trial, or to reduce the damages, which
the Company argues were excessive under New York appellate case
law governing awards for non-economic losses and further were
subject to settlement offsets. Post-trial motions were denied, and
the court entered judgment in the amount of $1.7 million. On June
12, 2015, the Appellate Division, Fourth Department, affirmed the
trial court's ruling denying the Company's motion for summary
judgment. The court denied reargument of that ruling. The Company
pursued a further appeal of the trial court rulings and judgment,
which was argued on May 16, 2016. On July 8, 2016, the Court
vacated the judgment and granted the Company a new trial on the
issue of whether the Company is subject to joint-and-several
liability under New York law. Plaintiff filed a motion to enter
judgment in the trial court in the amount allegedly unaffected by
the appellate ruling, approximately $1.0 million, and the Company
opposed the motion. The Company settled the matter. The settlement
is reflected in the fourth quarter 2016 indemnity amount.
Crane Co. is a diversified manufacturer of engineered industrial
products. The Company operates in four segments: Fluid Handling,
Payment & Merchandising Technologies, Aerospace & Electronics, and
Engineered Materials.
ASBESTOS UPDATE: Rockwell Automation Still Faces Suits at Dec. 31
-----------------------------------------------------------------
Rockwell Automation, Inc. continues to face personal injury
lawsuits filed by people claiming exposure to asbestos in certain
product components, according to the Company's Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarterly
period ended December 31, 2016.
The Company states: "We (including our subsidiaries) have been
named as a defendant in lawsuits alleging personal injury as a
result of exposure to asbestos that was used in certain components
of our products many years ago. Currently there are a few thousand
claimants in lawsuits that name us as defendants, together with
hundreds of other companies. In some cases, the claims involve
products from divested businesses, and we are indemnified for most
of the costs. However, we have agreed to defend and indemnify
asbestos claims associated with products manufactured or sold by
our former Dodge mechanical and Reliance Electric motors and motor
repair services businesses prior to their divestiture by us, which
occurred on January 31, 2007.
"We are also responsible for half of the costs and liabilities
associated with asbestos cases against the former Rockwell
International Corporation's divested measurement and flow control
business. But in all cases, for those claimants who do show that
they worked with our products or products of divested businesses
for which we are responsible, we nevertheless believe we have
meritorious defenses, in substantial part due to the integrity of
the products, the encapsulated nature of any asbestos-containing
components, and the lack of any impairing medical condition on the
part of many claimants. We defend those cases vigorously.
Historically, we have been dismissed from the vast majority of
these claims with no payment to claimants.
"We have maintained insurance coverage that we believe covers
indemnity and defense costs, over and above self-insured
retentions, for claims arising from our former Allen-Bradley
subsidiary. Our insurance carrier entered into a cost share
agreement with us to pay the substantial majority of future
defense and indemnity costs for Allen-Bradley asbestos claims. We
believe that this arrangement will continue to provide coverage
for Allen-Bradley asbestos claims throughout the remaining life of
the asbestos liability.
"We also have rights to historic insurance policies that provide
indemnity and defense costs, over and above self-insured
retentions, for claims arising out of certain asbestos liabilities
relating to the divested measurement and flow control business. We
initiated litigation against several insurers to pursue coverage
for these claims, subject to each carrier's policy limits, and the
case is now pending in Los Angeles County Superior Court. In
September 2016, we entered into settlement agreements with certain
insurance company defendants, and we continue to pursue our claims
against the remaining defendants. We believe these settlement
agreements will continue to provide partial coverage for these
asbestos claims throughout the remaining life of asbestos
liability.
"The uncertainties of asbestos claim litigation make it difficult
to predict accurately the ultimate outcome of asbestos claims.
That uncertainty is increased by the possibility of adverse
rulings or new legislation affecting asbestos claim litigation or
the settlement process. Subject to these uncertainties and based
on our experience defending asbestos claims, we do not believe
these lawsuits will have a material effect on our business,
financial condition or results of operations.
"We have, from time to time, divested certain of our businesses.
In connection with these divestitures, certain lawsuits, claims
and proceedings may be instituted or asserted against us related
to the period that we owned the businesses, either because we
agreed to retain certain liabilities related to these periods or
because such liabilities fall upon us by operation of law. In some
instances, the divested business has assumed the liabilities;
however, it is possible that we might be responsible for
satisfying those liabilities if the divested business is unable to
do so.
"In connection with the spin-offs of our former automotive
business, semiconductor systems business and avionics and
communications business, the spun-off companies have agreed to
indemnify us for substantially all contingent liabilities related
to the respective businesses, including environmental and
intellectual property matters.
"In conjunction with the sale of our Dodge mechanical and Reliance
Electric motors and motor repair services businesses, we agreed to
indemnify Baldor Electric Company for costs and damages related to
certain legal, legacy environmental and asbestos matters of these
businesses arising before January 31, 2007, for which the maximum
exposure would be capped at the amount received for the sale."
Rockwell Automation, Inc. -- http://www.rockwellautomation.com/--
is in the business of industrial automation and information.
*********
S U B S C R I P T I O N I N F O R M A T I O N
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