/raid1/www/Hosts/bankrupt/CAR_Public/171016.mbx
C L A S S A C T I O N R E P O R T E R
Monday, October 16, 2017, Vol. 19, No. 204
Headlines
33 RESTAURANT: Faces "Ambrosio" Suit in Eastern Dist. of Texas
ACE HOMECARE: Faces "Amadi" Suit in Middle District of Florida
ADT LLC: "Martignone" Suit Moved to Southern Dist. of California
ADVISORY BOARD: Plymouth County Suit Moved to Washington D.C.
AETNA INC: Provides Emergency Relief to Members Affected by Breach
AIMBRIDGE HOSPITALITY: "Blaney" Suit Moved to M.D. Florida
AM RETAIL GROUP: "Watkins" Suit Moved to E.D. California
ANDALIB BUSINESS: Faces "Mirza" Suit in Southern Dist. of Texas
ARCH INSURANCE: Wahlberg McCreary Suit Moved to S.D. Texas
ARS NATIONAL: Faces "Robinson" Suit in N.D. California
AVIS BUDGET: Faces "Watkins" Suit in Central Dist. of California
AXA EQUITABLE: "Wenokur" Suit Moved to Southern Dist. of New York
BENJAMIN MICHAEL: Faces "Ortiz" Suit in Eastern Dist. of New York
BG STAFFING: "Ryan" Suit Moved to Middle District of Florida
BJC HEALTH: "Rhoades" Suit Moved to Eastern District of Missouri
BMW AG: Faces "Leiser" Suit in Southern District of Florida
BVAA COMPASS: Faces "Bellissimo" Suit in N.D. Illinois
CANTATA ADULT: Faces "Thompson" Suit in N.D. Illinois
CENTERPLATE INC: "Gibbs" Suit Moved to Middle Dist. of Florida
CENTRAL CREDIT: "Selwyn" Suit in Eastern District of New York
CHEX SYSTEMS: Faces "Piche" Suit in Minnesota Federal Court
CHICAGO, IL: Faces "Wazny" Suit in Northern District of Illinois
CIOCCA DERMATOLOGY: "Meneses" Suit Moved to S.D. Florida
CLINTON CORRECTIONAL: Faces "Zielinski" Suit in N.D. New York
CORT BUSINESS: Faces "Pollar" Suit Moved to N.D. California
CREDIT CONTROL: "Lockridge" Suit Moved to E.D. New York
DEBT RECOVERY: Faces "Phillips" Suit in Eastern Dist. of New York
DENBURY RESOURCES: Faces "Reid" Suit in Eastern Dist. of Texas
DEUTSCHE BANK: Agrees to $190MM Prelim Settlement in Exchange Suit
DIRECT GENERAL: Faces Plantation Spinal Suit in S.D. Florida
DRAFTKINGS: Ex-NIU Athlete's Lawsuit Tossed
DYLAN'S CANDYBAR: Faces "Young" Suit in S.D. New York
ELMIRA CORRECTIONAL: "Mitchell" Suit Moved to W.D. New York
ENVISION HEALTHCARE: "Bozarth" Suit Moved to C.D. California
EQUIFAX INC: Faces "Feied" Suit in Northern Dist. of California
EQUIFAX INC: Faces "Napier" Suit in Maine Federal Court
EQUIFAX INC: Faces "Weaver" Suit in North Carolina
ESURANCE PROPERTY: Faces Plantation Spinal Suit in S.D. Fla.
EVERBANK: Faces "Jessie" Suit in Middle Dist. of Florida
EXXACT EXPRESS: Faces "Townsend" Suit in Middle Dist. of Florida
FESTIVAL FUN: Faces "Riley" Suit in Southern District of New York
FFIF-ACM: "Lucas" Suit Moved to Eastern District of Arkansas
GATHERAPP INC: "Williams" Suit Moved to N.D. California
GEICO: Faces "Rerisi" Suit in M.D. Florida
GIDDON ENTERPRISES: Faces "Martinez" Suit in E.D. New York
GLOBAL TEL*LINK: Prison Callers Denied Class Cert. in Suit
GOPRO INC: Faces "Cabassa" Suit in Middle Dist. of Florida
GREAT BASIN SCIENTIFIC: Faces "Hartman" Suit in Utah
HERC RENTALS: Faces "Davidson" Suit in California Super. Ct.
HILL PHOENIX: "Valencia" Suit Moved to C.D. California
HUCK FINN'S: Faces "Anderson" Suit in Eastern Dist. of New York
INSIGHT GLOBAL: Faces "Muntz" Suit in Southern Dist. of Texas
INTELEMEDIA COMMUNICATIONS: Faces "Logiudice" Suit in M.D. Fla.
INTERCEPT PHARMACEUTICALS: Faces "DeSmet" Suit in S.D. New York
JOHN CHRISTNER: "Huddleston" Suit Moved to E.D. California
KELLY SERVICES: Faces "Navarro" Suit in C.D. California
KIA MOTORS: "Kondash" Suit Moved to Southern District of Ohio
LEASE FINANCE: "Hamzah" Suit Moved to Southern Dist. of New York
LEGACY LANDSCAPING: Faces "Sorto" Suit in E.D. New York
LENWICH HOLDINGS: Faces "Young" Suit in S.D. New York
LEXINGTON LAW: CBE Group Suit Moved to Northern District of Texas
LITTLE SIAM: Faces "Jia Xu" Suit in Southern District of New York
MARRIOTT INTERNATIONAL: Faces "Shabe" Suit in M.D. Florida
MARKETSOURCE INC: "Nguyen" Suit Moved S.D. California
MEDCERTS HOLDINGS: Faces "Smith" Suit in M.D. Louisiana
MENARD INC: Wood Dimensions Not Misleading, Judge Tells Class
MERCK & CO: "Erickson" Suit Moved to Middle District of Florida
MDL 2729: Cooper Suit v. Samsung Electronics Moved to W.D. Okla.
MDL 2729: "Jacobs" Suit v. Samsung Moved to W.D. Oklahoma
MDL 2741: "Bare" Suit v. Monsanto Consolidated in N.D. Cal.
MDL 2741: "Pearce" Suit v. Monsanto Moved to N.D. Cal.
MDL 2741: "Fair" Suit vs. Monsanto Moved to N.D. California
MDL 2741: "Votta" Suit v. Monsanto Moved to N.D. California
METROPOLITAN LIFE: Faces "Miller" Suit in S.D. New York
MEXICO 2000: Faces "Sanchez" Suit in Eastern Dist. of New York
MONSANTO COMPANY: Faces "Sweat" Suit over Herbicide Roundup
MONSANTO COMPANY: "Farms" Suit Moved to Eastern Dist. of Arkansas
NEAL SIGNATURE: Faces "Swarner" Suit in Middle Dist. of Florida
NEW YORK: Mother Fights to End Bullying for Daughter
NORTHAMPTON PROBATE: Faces "Schilling" Suit in Massachusetts
P & J STRIPING: Faces "Vega" Suit in Southern Dist. of Florida
PHILLIPS: Faces "Reedy" Suit in Southern District of Texas
PHILLIPS & COHEN: Faces "Buxbaum" Suit in E.D. New York
POMEROY IT: "Mateo-Hernandez" Suit Moved to E.D. Kentucky
PORT TO PORT: Faces "Zavala" Suit in Delaware Federal Court
PORTFOLIO RECOVERY: Faces "Stewart" Suit in E.D. New York
PRET A MANGER: Faces "Young" Suit in Southern Dist. of New York
RADIAC ABRASIVES: Faces "Murad" Suit in N.D. Illinois
RAILWORKS TRACK: Faces "Revilla" Suit in N.D. Illinois
RANCHO CHICO: Faces "Lopez" Suit in Southern Dist. of Florida
RESTORATION HARDWARE: Faces "Young" Suit in S.D. New York
S L DISTRIBUTION: Macedonia Distributing Suit Moved to C.D. Cal.
SAFECO INSURANCE: "Chisholm" Suit Moved to Eastern Dist. of Texas
SAINT PAUL, MN: Faces "Sande" Suit in Minnesota Federal Court
SKY CHEFS: Faces "Suarez" Suit in Southern District of Florida
SONOMA COUNTY, CA: Suit Targets Staff's Enhanced Pension Benefits
STANLEY & BLACK: Faces "Tyll" Suit in District of Connecticut
SYNGENTA CORP: Agrees to $1.4B Settlement in Corn Growers' Suit
TAKEDA PHARMACEUTICALS: Allied Services Suit Moved to N.D. Ill.
TASTE OF THAI INC.: "Osorio" Suit in Eastern District of New York
TECH DATA: Faces "Bhatt" Suit in Middle District of Florida
TRIDENT SOCIETY: "Quismundo" Suit Moved to S.D. California
TUCKER MARKETING: Faces "Lewis" Suit in N.D. Illinois
TURNING POINT: Faces "Blankenship" Suit in Calif. State Court
UNITED COLLECTION: Faces "Reyder" Suit in E.D. New York
UNITED HEALTHCARE: Families Sue Over Addiction & Health Coverage
UNITED STATES: Michigan Case Offers Hope for Indonesians
UNIVERSITY OF FLORIDA: Faces Legal Scrutiny in Concussions Suit
UNIVERSITY OF NORTH CAROLINA: Parties Square Off Again Over Suit
WALMART STORES: Judge Saves Investors' Derivative Claim
WASTE PRO: Faces "Thomas" Suit in Middle District of Florida
WELLS FARGO: Faces "Headline" Suit in Central Dist. of California
WINCO FOODS: "Perez" Suit Moved to Eastern District of California
WOOD GROUP: Faces "Navarro" Suit in Southern District of Texas
YMCA HOUSTON: Faces "Singleton" Suit in Texas Federal Court
* Equifax Data Breach Adds Fuel to Fight Over Binding Arbitration
*********
33 RESTAURANT: Faces "Ambrosio" Suit in Eastern Dist. of Texas
--------------------------------------------------------------
A class action lawsuit has been filed against 33 Restaurant Group,
LLC. The case is captioned as Vicente Ambrosio, Individually, and
on behalf of all others similarly situated, the Plaintiff, v. 33
Restaurant Group, LLC, the Defendant, Case No. 4:17-cv-00669-ALM-
KPJ (E.D. Tex., Sep. 21, 2017). The case is assigned to the Hon.
Judge Amos L. Mazzant, III.[BN]
The Plaintiff is represented by:
Matthew Roy Scott, Esq.
Javier A. Perez, Esq.
SCOTT PEREZ LLP
Founders Square
900 Jackson Street, Suite 550
Dallas, TX 75202
Telephone: (214) 965 9675
Facsimile: (214) 965 9680
E-mail: matt.scott@scottperezlaw.com
javier.perez@scottperezlaw.com
ACE HOMECARE: Faces "Amadi" Suit in Middle District of Florida
--------------------------------------------------------------
A class action lawsuit has been filed against ACE Homecare, LLC.
The case is styled as Beatrice Amadi, Melanie Scala, and Rosa
Perez, the Plaintiffs. v. ACE Homecare, LLC and Joy Barlaan, the
Defendants, Case No. 8:17-cv-02191-SDM-JSS (M.D. Fla., Sep. 21,
2017). The case is assigned to the Hon. Judge Steven D. Merryday.
Ace Homecare provides home health care services. The Company
offers skilled nursing, speech therapy, depression screening, and
glucose monitoring.[BN]
The Plaintiff is represented by:
Brandon Kyle Breslow, Esq.
Katherine Earle Yanes, Esq.
Pamela N. Westfall, Esq.
KYNES, MARKMAN & FELMAN, PA
100 S Ashley Dr-Ste 1300
PO Box 3396
Tampa, FL 33601-3396
Telephone: (813) 229 1118
E-mail: bbreslow@kmf-law.com
KYanes@kmf-law.com
pwestfall@centroneshrader.com
- and -
Brian Lucas Shrader, Esq.
Gus M. Centrone, Esq.
CENTRONE & SHRADER, PLLC
612 W Bay St
Tampa, FL 33606-2704
Telephone: (813) 360 1529
Facsimile: (813) 336 0832
E-mail: bshrader@centroneshrader.com
gcentrone@centroneshrader.com
ADT LLC: "Martignone" Suit Moved to Southern Dist. of California
----------------------------------------------------------------
The class action lawsuit titled Argentina Martignone, an
individual on behalf of herself and others similarly situated, the
Plaintiff, v. ADT, LLC, a Delaware Limited Liability Company and
Does 1 to 100, inclusive, Case No. 37-02017-00032746-CU-OE-CTL,
was removed on Oct. 6, 2017 from the Superior Court of California,
County of San Diego, to the U.S. District Court for the Southern
District of California (San Diego). The District Court Clerk
assigned Case No. 3:17-cv-02065-L-JMA to the proceeding. The case
is assigned to the Hon. Judge M. James Lorenz.
ADT LLC is a privately owned company with headquarters located in
Boca Raton, FL. The Company's line of business involves electronic
security systems.[BN]
The Plaintiff is represented by:
Shoham J. Solouki, Esq.
Solouki Savoy, LLP
316 W. 2nd Street, Suite 1200
Riverside, CA 90012
Telephone: (213) 814 4940
The Defendant is represented by:
Danielle Samantha Krauthamer, Esq.
FISHER PHILLIPS LLP
444 South Flower Street, Suite 1500
Los Angeles, CA 90071
Telephone: (213) 330 4500
Facsimile: (213) 330 4501
E-mail: dkrauthamer@fisherphillips.com
ADVISORY BOARD: Plymouth County Suit Moved to Washington D.C.
-------------------------------------------------------------
The class action lawsuit titled PLYMOUTH COUNTY RETIREMENT
ASSOCIATION, the Plaintiff, v. ADVISORY BOARD COMPANY, ROBERT W
MUSSLEWHITE, and MICHAEL T KIRSHBAUM, the Defendants, Case No. 17-
cv-5886, was transferred on Sep. 22, 2017 from the U.S. District
Court for the Southern District of New York, to the U.S. District
Court for the District of Columbia (Washington). The Columbia
District Court Clerk assigned Case No. 1:17-cv-01940 to the
proceeding.
The Advisory Board Company uses a combination of research,
technology, and consulting to improve the performance of health
care organizations and educational institutions.[BN]
The Plaintiff is represented by:
Steven J. Toll, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue, NW
Suite 500 East Tower
Washington, DC 20005
Telephone: (202) 408 4600
Facsimile: (202) 408 4699
E-mail: stoll@cohenmilstein.com
AETNA INC: Provides Emergency Relief to Members Affected by Breach
------------------------------------------------------------------
Business Insider reported that Aetna said it is now offering
emergency relief for individuals harmed by Aetna's mailing in July
2017 that disclosed information about HIV/AIDS medication through
a large transparent window on the envelope.
The emergency relief program offers cash reimbursement to
individuals who have incurred financial hardship as a result of
the breach, for example, because they have been forced to move, or
forced to incur other out-of-pocket expenses as a result of others
learning that they are taking HIV/AIDS medication. In addition,
the emergency relief program offers up to three free counseling
sessions to individuals and their family members who request
counseling as a result of the breach.
The emergency relief program was developed by Aetna with input
from attorneys at the AIDS Law Project of Pennsylvania, the Legal
Action Center, and the Philadelphia law firm Berger & Montague,
P.C., who together are prosecuting a class action case related to
the privacy breach on behalf of approximately 12,000 affected
individuals in the United States. That lawsuit, captioned Beckett
v. Aetna, Inc., et al., No. 2:17-cv-03864-JS (E.D. Pa.), was filed
on August 28, 2017 in the U.S District Court for the Eastern
District of Pennsylvania.
The emergency relief program grew out of the concern that the
privacy breach may result in immediate harm to certain individuals
that could not wait until the end of the lawsuit. "We view this
emergency relief program simply as a way to reach Aetna members
who, as a result of the breach, may need immediate crisis
counseling or financial relief," said Ronda B. Goldfein, an
attorney and Executive Director of the AIDS Law Project of
Pennsylvania. "The establishment of this program is the beginning
and not the end of the case we are prosecuting. The program does
not involve any legal releases of claims by participants. It is
simply a way to address emergency needs of people harmed by the
breach."
Because of the sensitive nature of the program and the fact that
affected individuals may not want to deal with Aetna directly, the
AIDS Law Project of Pennsylvania and the Legal Action Center have
agreed to assist people in submitting requests for emergency
relief. The AIDS Law Project of Pennsylvania and the Legal Action
Center are nonprofit law firms that represent persons living with
HIV/AIDS.
"Since the breach occurred in July 2017, we have heard from
hundreds of people who have been harmed," Goldfein added. "We
encourage anyone who received and would like to discuss Aetna's
mailing to contact us, and we can advise them regarding their
legal claims."
"We will continue to vigorously prosecute the class action lawsuit
to ensure that the thousands of individuals harmed by this privacy
breach receive justice," said Sally Friedman, Legal Director of
the Legal Action Center. "Aetna's mailing caused serious harm and
forever altered class members' relationships with family, friends,
and neighbors."
New York residents who require emergency relief should contact the
Legal Action Center at 212-243-1313 or -- lacinfo@lac.org --. All
other affected individuals in the United States should contact the
AIDS Law Project of Pennsylvania at 215-587-9377 or --
aetnaclass@aidslawpa.org Importantly, participants who request
and accept the immediate relief will not release any legal claims
by doing so.
Founded in 1988, the AIDS Law Project of Pennsylvania
(www.aidslawpa.org) is the nation's only independent nonprofit
public-interest law firm providing free legal services to people
living with HIV and AIDS and those affected by the epidemic.
Established in 1973, the Legal Action Center (www.lac.org) is the
nation's only nonprofit law and policy organization whose sole
mission is to fight discrimination against people with histories
of addiction, HIV/AIDS, or criminal records, and to advocate for
sound public policies.
Berger & Montague, P.C. (www.bergermontague.com) is a national
plaintiffs' law firm headquartered in Philadelphia with additional
offices in Minneapolis and Washington, D.C. The firm has played
lead roles in major cases for over 47 years, resulting in
recoveries of over $30 billion for its clients and the classes
they have represented. Attorneys Shanon Carson, E. Michelle Drake,
Sarah R. Schalman-Bergen, and John Albanese are prosecuting the
Aetna privacy breach class action case. [GN]
AIMBRIDGE HOSPITALITY: "Blaney" Suit Moved to M.D. Florida
----------------------------------------------------------
The class action lawsuit titled Joni Blaney, on behalf of herself
and on behalf of all others similarly situated, the Plaintiff, v.
Aimbridge Hospitality, LLC, the Defendant, Case No. 17-CA-007288,
was removed on Sep. 27, 2017 from the Thirteenth Judicial Circuit,
Hillsborough County, to the U.S. District Court for the Middle
District of Florida (Tampa). The District Court Clerk assigned
Case No. 8:17-cv-02236-MSS-JSS to the proceeding. The case is
assigned to the Hon. Judge Mary S. Scriven.
Aimbridge Hospitality is one of the nation's independent hotel
investment and management firms.[BN]
The Plaintiff is represented by:
Luis A. Cabassa, Esq.
WENZEL FENTON CABASSA, PA
1110 N Florida Ave. Ste. 300
Tampa, FL 33602-3343
Telephone: (813) 224 0431
Facsimile: (813) 229 8712
E-mail: lcabassa@wfclaw.com
The Defendant is represented by:
Jennifer Monrose Moore, Esq.
OGLETREE DEAKINS NASH SMOAK & STEWART, P.C.
100 N Tampa St Ste 3600
Tampa, FL 33602-5867
Telephone: (813) 221 7262
E-mail: jennifer.moore@ogletreedeakins.com
AM RETAIL GROUP: "Watkins" Suit Moved to E.D. California
--------------------------------------------------------
The class action lawsuit titled Charlqual Watkins and Greg Batsch,
on behalf of themselves and all others similarly situated, the
Plaintiffs, v. AM Retail Group, Inc., a Delaware Corporation, the
Defendant, Case No. BCV-17-101872, was removed on Sep. 27, 2017
from the Kern County Superior Court, to the U.S. District Court
for the Eastern District of California (Fresno). The District
Court Clerk assigned Case No. 1:17-cv-01287-AWI-JLT to the
proceeding. The case is assigned to the Hon. District Judge
Anthony W. Ishii.
AM Retail operates retail stores in the United States. Its
stores offer men and women outerwear, as well as fashion
accessories.[BN]
The Plaintiffs are represented by:
Andrew Alexis, Esq.
ALEXIS LAW FIRM
100 Oceangate, Suite 1200
Long Beach, CA 90802
Telephone: (562) 544 2495
Facsimile: (562) 546 4495
E-mail: dalexis@alexislawfirm.com
The Defendant is represented by:
Angelito Remo Sevilla, Esq.
Fraser Angus McAlpine, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Telephone: (415) 394 9400
Facsimile: (415) 394 9401
E-mail: Angel.Sevilla@jacksonlewis.com
fraser.mcalpine@jacksonlewis.com
ANDALIB BUSINESS: Faces "Mirza" Suit in Southern Dist. of Texas
---------------------------------------------------------------
A class action lawsuit has been filed against Andalib Business,
Inc. The case is captioned as Assad Ali Mirza, the Plaintiff, v.
Andalib Business, Inc., Archana Business, Inc., Arpana Business,
Inc., B&G Business, Inc., Circle G Business, Inc., Circleway
Business, Inc., Davwa Properties, Inc., First Falcon Express,
Inc., First Briarforest Business, Inc., First Hempstead Business,
Inc., Fishtail Enterprises, Inc., G & C Business, Inc.,
GeoMatrix Investments, LLC, Muskan Enterprises, Inc., Rampart
Investment, Inc., Shiraz Beverage, Inc., 1464 Business, Inc.,
Gyanshor Shrestha, Shiraz K. Davwa, Asif K. Davwa, and Khawit N.
Ali, the Defendants, Case No. 4:17-cv-02873 (S.D. Tex., Sep. 25,
2017).[BN]
The Plaintiff is represented by:
Salar Ali Ahmed, Esq.
One Arena Place
7322 Southwest Frwy, Suite 1920
Houston, TX 77074
Telephone: (713) 223 1300
Facsimile: (713) 255 0013
E-mail: aahmedlaw@gmail.com
ARCH INSURANCE: Wahlberg McCreary Suit Moved to S.D. Texas
----------------------------------------------------------
The class action lawsuit titled Wahlberg McCreary, Inc. and
McCreary Manufacturing Co, the Plaintiffs, v. Arch Insurance
Group, Inc., York Risk Services Group, Worley CSD, and Steve
Mazey, the Defendants, Case No. 17-48281, was removed on Sep. 28,
2017 from the 80th JDC of Harris County, Texas, to the U.S.
District Court for the Southern District of Texas (Houston). The
District Court Clerk assigned Case No. 4:17-cv-02917 to the
proceeding. The case is assigned to the Hon. Judge Gray H Miller.
Arch Insurance provides insurance and reinsurance products. The
company offers property, casualty, and specialty insurance for
corporations, professional firms, and financial institutions in
the United States, Canada, and internationally.[BN]
The Plaintiff is represented by:
Daniel Patrick Barton, Esq.
BARTON LAW FIRM
1201 Shepherd Dr
Houston, TX 77007
Telephone: (713) 227 4747
Facsimile: (713) 621 5900
E-mail: dbarton@bartonlawgroup.com
Attorneys for Arch Insurance Group, Inc.:
James N. Isbell, Esq.
THOMPSON, COE, COUSINS & IRONS, LLP
One Riverway, Suite 1400
Houston, TX 77056
Telephone: (713) 403 8210
Facsimile: (713) 403 8299
E-mail: jisbell@thompsoncoe.com
Attorneys for York Risk Services Group:
Robert M. Rosen, Esq.
PARSONS MCENTIRE MCCLEARY & CLARK, PLLC
1700 Pacific Ave., Ste 4400
Dallas, TX 75201
Telephone: (214) 237 4300
Facsimile: (214) 237 4340
E-mail: rrosen@pmmclaw.com
ARS NATIONAL: Faces "Robinson" Suit in N.D. California
------------------------------------------------------
A class action lawsuit has been filed against ARS National
Services Inc. The case is captioned as ANDREA ROBINSON,
individually and on behalf of all others similarly situated, the
Plaintiff, v. ARS NATIONAL SERVICES INC., the Defendant, Case No.
4:17-cv-05820-DMR (N.D. Cal., Oct. 10, 2017). The case is assigned
to the Magistrate Judge Donna M. Ryu.
ARS is doing business in accounts receivable management
industry.[BN]
The Plaintiff is represented by:
Jonathan A Stieglitz, Esq.
11845 W. Olympic Blvd., Suite 750
Los Angeles, CA 90064
Telephone: (323) 979 2063
Facsimile: (323) 488 6748
E-mail: jonathan.a.stieglitz@gmail.com
AVIS BUDGET: Faces "Watkins" Suit in Central Dist. of California
----------------------------------------------------------------
A class action lawsuit has been filed against Avis Budget Group,
Inc. The case is captioned as Denise L. Watkins, on behalf of
herself and all others similarly situated, the Plaintiff, v. AVIS
Budget Group, Inc. and Sterling Infosystems, Inc., the Defendants,
Case No. 2:17-cv-06924 (C.D. Cal., Sep. 20, 2017).
Avis Budget is the American parent company of Avis Car Rental,
Budget Car Rental, Budget Truck Rental, Payless Car Rental, Apex
Car Rentals, Maggiore Group and Zipcar.[BN]
The Plaintiff appears pro se.
AXA EQUITABLE: "Wenokur" Suit Moved to Southern Dist. of New York
-----------------------------------------------------------------
The class action lawsuit titled Jeremy Wenokur and Secondary Life
Three LLC on behalf of himself and all others similarly situated,
the Plaintiffs, v. AXA Equitable Life Insurance Company, the
Defendant, Case No. 2:17-cv-00165, was transferred from the U.S.
District Court for the District of Arizona, to the U.S. District
Court for the Southern District of New York (Foley Square). The
Southern District Court Clerk assigned Case No. 1:17-cv-07751-UA
to the proceeding.
AXA is a French multinational insurance firm headquartered in the
8th arrondissement of Paris that engages in global insurance,
investment management, and other financial services.[BN]
The Plaintiffs are represented by:
Deborah Kravitz, Esq.
Michael Aschenbrener, Esq.
Scott A Kamber, Esq.
KAMBER LAW LLP - HEALDSBURG, CA
401 Center St., Ste. 111
Healdsburg, CA 95448
Telephone: (707) 820 4247
Facsimile: (212) 202 6364
E-mail: dkravitz@kamberlaw.com
masch@kamberlaw.com
skamber@kamberlaw.com
- and -
Leonard W Aragon, Esq.
Robert B Carey, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
11 W Jefferson St., Ste. 1000
Phoenix, AZ 85003
Telephone: (602) 840 5900
Facsimile: (602) 840 3012
E-mail: leonard@hbsslaw.com
rob@hbsslaw.com
The Defendant is represented by:
Brian Andrew Cabianca, Esq.
SQUIRE SANDERS (US) LLP - PHOENIX, AZ
1 E Washington St., Ste. 2700
Phoenix, AZ 85004
Telephone: (602) 528 4000
Facsimile: (602) 253 8129
E-mail: brian.cabianca@ssd.com
- and -
David R Gelfand, Esq.
Jerry L Marks, Esq.
Stacey J Rappaport, Esq.
MILBANK TWEED HADLEY & MCCLOY LLP
28 Liberty St.
New York, NY 10005
Telephone: (212) 530 5000
Facsimile: (212) 530 5219
E-mail: dgelfand@milbank.com
jmarks@milbank.com
srappaport@milbank.com
- and -
Gregory Sumner Schneider, Esq.
SQUIRE PATTON BOGGS (US) LLP - PHOENIX, AZ
1 E Washington St., Ste. 2700
Phoenix, AZ 85004
Telephone: (602) 528 4000
Facsimile: (602) 253 8129
E-mail: gregory.schneider@squirepb.com
BENJAMIN MICHAEL: Faces "Ortiz" Suit in Eastern Dist. of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Benjamin Michael &
Associates, Inc. The case is titled as Edwin Ortiz, individually
and on behalf of all others similarly situated, the Plaintiff, v.
Benjamin Michael & Associates, Inc., the Defendant, Case No. 2:17-
cv-05600 (E.D.N.Y., Sep. 25, 2017).
Benjamin Michael & Associates, Inc. is a global debt collection
agency.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
SANDERS LAW, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203 7600
Facsimile: (516) 281 7601
E-mail: csanders@sanderslawpllc.com
BG STAFFING: "Ryan" Suit Moved to Middle District of Florida
------------------------------------------------------------
The class action lawsuit titled Krystle Ryan, on behalf of herself
and on behalf of all others similarly situated, the Plaintiff, v.
BG Staffing, LLC, the Defendant, Case No. 17-CA-8165, was removed
on Sep. 27, 2017 from the Hillsborough County Court, to the U.S.
District Court for the Middle District of Florida (Tampa). The
District Court Clerk assigned Case No. 8:17-cv-02239-SDM-TGW to
the proceeding. The case is assigned to the Hon. Judge Steven D.
Merryday.
BG Staffing provides temporary staffing services. The company was
incorporated in 2010 and is based in Plano, Texas.[BN]
The Plaintiff is represented by:
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA, PA
1110 N Florida Ave Ste 300
Tampa, FL 33602-3343
Telephone: (813) 224 0431
Facsimile: (813) 229 8712
E-mail: bhill@wfclaw.com
The Defendant is represented by:
Jennifer Monrose Moore, Esq.
OGLETREE DEAKINS NASH SMOAK & STEWART, P.C.
100 N Tampa St Ste 3600
Tampa, FL 33602-5867
Telephone: (813) 221 7262
E-mail: jennifer.moore@ogletreedeakins.com
BJC HEALTH: "Rhoades" Suit Moved to Eastern District of Missouri
----------------------------------------------------------------
The class action lawsuit titled Jeanne Rhoades, on behalf of
herself and all others similarly situated, the Plaintiff, v. BJC
Health System, doing business as: BJC Healthcare; Missouri Baptist
Medical Center; Barnes-Jewish Hospital; St. Louis Children's
Hospital; Christian Hospital Northeast-Northwest, doing business
as: Christian Hospital; and CH Allied Services, Inc., doing
business as: Boone Hospital Center, the Defendants, Case No. 17SL-
CC03055, was removed on Sep. 27, 2017 from the Circuit Court, St.
Louis County, Missouri, to the U.S. District Court for the Eastern
District of Missouri (St. Louis). The District Court Clerk
assigned Case No. 4:17-cv-02486 to the proceeding.
BJC HealthCare is a non-profit health care organization based in
St. Louis, Missouri.[BN]
The Plaintiff is represented by:
Carl J. Lumley, Esq.
CURTIS AND HEINZ, P.C.
130 S. Bemiston Avenue, Suite 200
St. Louis, MO 63105-1951
Telephone: (314) 725 8788
Facsimile: (314) 725 8789
E-mail: clumley@lawfirmemail.com
The Defendants are represented by:
Andrew L. Metcalf, Esq.
David L. Schenberg, Esq.
James M. Paul, Esq.
OGLETREE AND DEAKINS
7700 Bonhomme Avenue, Suite 650
St. Louis, MO 63105
Telephone: (314) 802 3935
Facsimile: (314) 802 3936
E-mail: andrew.metcalf@ogletreedeakins.com
david.schenberg@ogletreedeakins.com
Jim.Paul@ogletreedeakins.com
BMW AG: Faces "Leiser" Suit in Southern District of Florida
-----------------------------------------------------------
A class action lawsuit has been filed against BMW AG. The case is
entitled as Bennett Leiser, on behalf of himself and all others
similarly situated, the Plaintiff, v. BMW AG, Defendant, Case No.
9:17-cv-81067-WPD (S.D. Fla., Sep. 25, 2017). The case is assigned
to the Hon. Judge William P. Dimitrouleas.
BMW AG is a Germany-based company which currently produces
automobiles and motorcycles, and produced aircraft engines until
1945. The company was founded in 1916 and has its headquarters in
Munich, Bavaria.[BN]
The Plaintiff is represented by:
Keith Andrew Goldbaum, Esq.
Friedman Rosenwasser & Goldbaum
5355 Town Center Road, Suite 801
Boca Raton, FL 33486-1092
Telephone: (561) 395 5511
Facsimile: (561) 368 9274
E-mail: kgoldbaum@frglaw.com
BVAA COMPASS: Faces "Bellissimo" Suit in N.D. Illinois
------------------------------------------------------
A class action lawsuit has been filed against BVAA Compass
Bancshares, Inc. The case is titled as Lara Bellissimo, the
Plaintiff, v. BVAA Compass Bancshares, Inc. and Compass Bank, the
Defendants, Case No. 1:17-cv-06833 (N.D. Ill., Sep. 21, 2017).
BBVA Compass is a United States-based financial holding company
headquartered in Birmingham, Alabama.[BN]
The Plaintiff is represented by:
Yevgeniy Y. Turin, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Dr., 9th Fl.
Chicago, IL 60601
Telephone: (312) 893 7002
E-mail: eturin@mcgpc.com
CANTATA ADULT: Faces "Thompson" Suit in N.D. Illinois
-----------------------------------------------------
A class action lawsuit has been filed against Cantata Adult Life
Services. The case is styled as Rhodda Thompson, the Plaintiff, v.
Cantata Adult Life Services and British Home Rehabilitation
Services, the Defendants, Case No. 1:17-cv-07011 (N.D. Ill., Sep.
28, 2017). The case is assigned to the Hon. Harry D. Leinenweber.
Cantata Adult Life Services provides adult life services.[BN]
The Plaintiff appears pro se.
CENTERPLATE INC: "Gibbs" Suit Moved to Middle Dist. of Florida
--------------------------------------------------------------
The class action lawsuit titled Phlisida Gibbs, on behalf of
herself and on behalf of all others similarly situated, the
Plaintiff, v. Centerplate, Inc., Volume Services, Inc. Service
America Corporation, and Centerplate Hospitality Venture, the
Defendants, Case No. 17-CA-7886, was removed on Sep. 21, 2017 from
the Hillsborough County Court, to the U.S. District Court for the
Middle District of Florida (Tampa). The District Court Clerk
assigned Case No. 8:17-cv-02187-EAK-JSS to the proceeding. The
case is assigned to the Hon. Judge Elizabeth A. Kovachevich.
Centerplate, Inc. is a food and beverage corporation serving
entertainment venues in North America, and the UK. Centerplate,
formerly known as Volume Services America, Inc., was originally a
division of Canteen corp.[BN]
The Plaintiff is represented by:
Andrew Ross Frisch, Esq.
C. Ryan Morgan, Esq.
Marc Reed Edelman, Esq.
MORGAN & MORGAN, PA
600 N Pine Island Rd., Suite 400
Plantation, FL 33324
Telephone: (954) 318 0268
Facsimile: (954) 333 3515
E-mail: afrisch@forthepeople.com
rmorgan@forthepeople.com
MEdelman@forthepeople.com
The Defendant is represented by:
Angela Marie Duerden, Esq.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP
111 N Orange Ave Ste 1200
Orlando, FL 32801-2361
Telephone: (407) 246 8440
Facsimile: (407) 246 8441
E-mail: Angela.Duerden@wilsonelser.com
CENTRAL CREDIT: "Selwyn" Suit in Eastern District of New York
-------------------------------------------------------------
A class action lawsuit has been filed against Central Credit
Services LLC. The case is titled as Yisroel Selwyn, on behalf of
himself and all other similarly situated consumers, the Plaintiff,
v. Central Credit Services LLC, the Defendant, Case No. 1:17-cv-
05676 (E.D.N.Y., Sep. 28, 2017).
Central Credit operates as an accounts receivable management
company.[BN]
The Plaintiff is represented by:
Maxim Maximov, Esq.
MAXIM MAXIMOV, LLP
1701 Avenue P
Brooklyn, NY 11229
Telephone: (718) 395 3459
Facsimile: (718) 408 9570
E-mail: m@maximovlaw.com
CHEX SYSTEMS: Faces "Piche" Suit in Minnesota Federal Court
-----------------------------------------------------------
A class action lawsuit has been filed against Chex Systems, Inc.
The case is captioned as Don Piche, Jr., on behalf of himself and
all others similarly situated, the Plaintiff, v. Chex Systems,
Inc., the Defendant, Case No. 0:17-cv-04399 (D. Minn., Sep. 26,
2017).
ChexSystems is a check verification service and consumer credit
reporting agency owned by the eFunds subsidiary of Fidelity
National Information Services. It provides information about the
use of deposit accounts by consumers.[BN]
The Plaintiff is represented by:
Christopher J Moreland, Esq.
Clayton D Halunen, Esq.
Melissa S. Weiner, Esq.
HALUNEN LAW
1650 IDS Center, 80 So. 8th Street
Minneapolis, MN 55402
Telephone: (612) 605 4098
E-mail: moreland@halunenlaw.com
halunen@halunenlaw.com
wolchansky@halunenlaw.com
CHICAGO, IL: Faces "Wazny" Suit in Northern District of Illinois
----------------------------------------------------------------
A class action lawsuit has been filed against The City of Chicago.
The case is styled as Adam Wazny, the Plaintiff, v. The City of
Chicago and Ralph Egan, the Defendants, Case No. 1:17-cv-06871
(N.D. Ill., Sep. 22, 2017).
Chicago, on Lake Michigan in Illinois, is among the largest cities
in the U.S. Famed for its bold architecture, it has a skyline
punctuated by skyscrapers such as the iconic John Hancock Center,
1,451-ft. Willis Tower (formerly the Sears Tower) and the neo-
Gothic Tribune Tower.[BN]
The Plaintiff is represented by:
Thomas Patrick Needham, Esq.
LAW OFFICE OF THOMAS P. NEEDHAM
53 West Jackson Boulevard, Suite 452
Chicago, IL 60604
Telephone: (312) 726 3171
E-mail: tpn@needhamlaw.com
CIOCCA DERMATOLOGY: "Meneses" Suit Moved to S.D. Florida
--------------------------------------------------------
The class action lawsuit titled Roxana Meneses, and all others
similarly situated under 29 U.S.C. 216(b), the Plaintiff, v.
Ciocca Dermatology, P.A.; Giovanna Ciocca, individually; and Lidio
Ciocca, individually, Case No. 17-19303 CA 01, was removed on Sep.
27, 2017 from the 11th Judicial Circuit of Florida, to the U.S.
District Court for the District of the Southern District of
Florida (Miami). The District Court Clerk assigned Case No. 1:17-
cv-23543-FAM to the proceeding. The case is assigned to the Hon.
Judge Federico A. Moreno.[BN]
The Plaintiff is represented by:
Jorge Freddy Perera, Esq.
PERERA LAW GROUP, P.A.
13903 NW 67 Ave., Suite 330
Miami Lakes, FL 33014
Telephone: (786) 485 5232
Facsimile: (786) 485 1519
E-mail: freddy@pereralaw.com
The Defendant is represented by:
Anthony Vincent Falzon, Esq.
THE LAW OFFICES OF ANTHONY V. FALZON P.A.
12000 Biscayne Boulevard, Suite 702
Miami, FL 33181
Telephone: (786) 703 4181
Facsimile: (786) 703 2961
E-mail: tony@anthonyfalzon-law.com
CLINTON CORRECTIONAL: Faces "Zielinski" Suit in N.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Clinton Correctional
Facility. The case is styled as Jeremy Zielinski, on behalf of
himself and all others similarly situated, the Plaintiff, v.
Anthony Annucci, DOCCS Acting Commissioner; Michael Kirkpatrick,
Superintendent; Clinton Correctional Facility; and John Does 1-9,
the Defendants, Case No. 9:17-cv-01042-DNH-TWD (N.D.N.Y., Sep. 20,
2017). The case is assigned to the Hon. Judge David N. Hurd.
Clinton Correctional Facility is a New York State Department of
Corrections and Community Supervision maximum security state
prison for men located in the Village of Dannemora, New York.[BN]
The Plaintiff appears pro se. He may be reached at:
Jeremy Zielinski, Esq.
P.O. Box 2001
Dannemora, NY 12929
16-A-3601
Clinton Correctional Facility
CORT BUSINESS: Faces "Pollar" Suit Moved to N.D. California
-----------------------------------------------------------
The class action lawsuit titled Eugene Pollar, on behalf of
himself, all others similarly situated, and on behalf of the
general public, the Plaintiff, v. CORT BUSINESS SERVICES
CORPORATION, a Delaware Corporation, the Defendant, Case No.
RG17859665, was removed on Sep. 21, 2017 from the Alameda Superior
Court, to the U.S. District Court for the Northern District of
California (Oakland). The District Court Clerk assigned Case No.
4:17-cv-05496-KAW to the proceeding. The case is assigned to the
Hon. Magistrate Judge Kandis A. Westmore.
CORT Business Services Corporation provides furniture rental and
relocating services in the United States and internationally.[BN]
The Plaintiff is represented by:
The Turley & Mara Law Firm, APLC
7428 Trade Street
San Diego, CA 92121
Telephone: (619) 234 2833
Facsimile: (619) 234 4048
E-mail: bturley@turleylawfirm.com
The Defendant is represented by:
Patrick Shaw Salceda, Esq.
DUANE MORRIS LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
Telephone: (415) 957 3000
Facsimile: (415) 957 3001
E-mail: psalceda@duanemorris.com
CREDIT CONTROL: "Lockridge" Suit Moved to E.D. New York
-------------------------------------------------------
The class action lawsuit titled Shawn Lockridge, the on behalf of
himself and all others similarly situated, the Plaintiff, v.
Credit Control Services, Inc., doing business as: Credit
Collection Services, the Defendant, Case No. 609085/2017, was
removed on Oct. 6, 2017 from the Supreme Court of the State of NY,
County of Suffolk, to the U.S. District Court for the Eastern
District of New York (Central Islip). The District Court Clerk
assigned Case No. 2:17-cv-05859-LDW-AYS to the proceeding. The
case is assigned to the Hon. Judge Leonard D. Wexler
Credit Control specializes in credit control for consumer and
commercial businesses.[BN]
The Plaintiff is represented by:
Mitchell L. Pashkin, Esq.
775 Park Avenue, Ste. 255
Huntington, NY 11743
Telephone: (631) 335 1107
E-mail: mpash@verizon.net
The Defendant is represented by:
Joseph Adam Hess, Esq.
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
88 Pine St., 21st Floor
New York, NY 10005
Telephone: (212) 376 6438
Facsimile: (212) 376 6490
E-mail: jahess@mdwcg.com
DEBT RECOVERY: Faces "Phillips" Suit in Eastern Dist. of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Debt Recovery
Solutions, LLC. The case is styled as Christiana Phillips, on
behalf of herself and all others similarly situated, the
Plaintiff, v. Debt Recovery Solutions, LLC, the Defendant, Case
No. 1:17-cv-05698 (E.D.N.Y., Sep. 28, 2017).
Debt Recovery is a debt collection agency.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
JOSEPH H. MIZRAHI LAW, P.C.
337 Avenue W, Suite 2f
Brooklyn, NY 11223
Telephone: (917) 299 6612
Facsimile: (347) 665 1545
E-mail: jmizrahilaw@gmail.com
DENBURY RESOURCES: Faces "Reid" Suit in Eastern Dist. of Texas
--------------------------------------------------------------
A class action lawsuit has been filed against Denbury Resources,
Inc. The case is titled as Billy Reid, the Plaintiff, v. Denbury
Resources, Inc., the Defendant, Case No. 4:17-cv-00674 (E.D. Tex.,
Sep. 22, 2017).
Denbury Resources is a petroleum and natural gas exploration and
production company headquartered in Plano, Texas.[BN]
The Plaintiff is represented by:
Michael Andrew Josephson, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352 1100
Facsimile: (713) 352 3300
E-mail: mjosephson@mybackwages.com
DEUTSCHE BANK: Agrees to $190MM Prelim Settlement in Exchange Suit
------------------------------------------------------------------
B. Colby Hamilton, writing for New York Law Journal, reports that
Deutsche Bank has agreed to a preliminary settlement of $190
million in a class action suit over foreign exchange rate price-
fixing allegations against some of the world's biggest financial
institutions.
According to Hausfeld, which has handled the suit In re Foreign
Exchange Benchmark Rates Antitrust Litigation, 13-cv-07789, on
behalf of plaintiffs, if the settlement is approved by U.S.
District Judge Lorna G. Schofield of the Southern District of New
York, Deutsche Bank's settlement would bring the total in the suit
to over $2.3 billion.
"After hard-fought negotiations, this settlement will return a
substantial sum to the already historic recoveries on behalf of
U.S. investors," Hausfeld chairman Michael D. Hausfeld said in a
statement. "Deutsche Bank's cooperation will help in permitting
the class to seek recovery from the final institution in the case
as the case proceeds toward trial."
A spokesman for Deutsche Bank declined to comment.
Plaintiffs, led by Haverhill Retirement Systems, first brought the
class action suit in 2013. As the third consolidated complaint
notes, defendants Barclays Bank, Citicorp, JPMorgan Chase and RBS
have pleaded guilty to conspiring to violate antitrust laws by
fixing prices, manipulating benchmark rates, and coordinating to
force clients to make certain orders in the $5 trillion daily
foreign currency market.
Plaintiffs allege violations of the U.S. Sherman Antitrust Act as
well as violations of the Commodity Exchange Act. According to
their complaint, traders at the defendant banks referred to
themselves as "The Cartel," "The Bandits' Club," and "The Mafia"
in online communications. Their alleged conspiracy affected the
trading on dozens of currency pairs, including seven pairs with
the highest market volume, the plaintiffs contend.
The Deutsche Bank settlement would represent the 15th in the suit
so far, leaving Credit Suisse as the last defendant without an
agreement. A Credit Suisse spokeswoman declined to comment. [GN]
DIRECT GENERAL: Faces Plantation Spinal Suit in S.D. Florida
------------------------------------------------------------
A class action lawsuit has been filed against Direct General
Insurance Company. The case is titled as Plantation Spinal Care
Center, Inc., a Florida corporation, a/a/o Joseph Laban, on behalf
of itself and all others similarly situated, the Plaintiffs, v.
Direct General Insurance Company, the Defendant, Case No. 0:17-cv-
61990-UU (S.D. Fla., Oct. 10, 2017). The case is assigned to the
Hon. Judge Ursula Ungaro.[BN]
The Plaintiff is represented by:
Barbara Perez, Esq.
Tod N. Aronovitz, Esq.
ARONOVITZ LAW
2 South Biscayne Blvd., Suite 3700
Miami, FL 33131
Telephone: (305) 372 2772
Facsimile: (305) 397 1886
E-mail: bp@aronovitzlaw.com
ta@aronovitzlaw.com
DRAFTKINGS: Ex-NIU Athlete's Lawsuit Tossed
-------------------------------------------
The News Tribune reports that a federal judge has tossed a lawsuit
brought by former Northern Illinois University running back Akeem
Daniels against two daily fantasy sports sites that he accused of
unlawfully using his name to generate millions of dollars in
revenue.
Judge Tanya Pratt in the U.S. District Court for Southern Indiana
threw out the suit in a September 29 ruling on a motion to
dismiss. She cited, among other things, that their references fell
under an exception that allows such uses of names if they are
considered newsworthy.
Daniels sued Boston-based DraftKings and New York-based FanDuel
and sought class-action status to represent all college players.
The lawsuit mentions other players who appeared in games on the
sites.[GN]
DYLAN'S CANDYBAR: Faces "Young" Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Dylan's Candybar,
LLC. The case is titled as Lawrence Young, Individually and on
behalf of all other persons similarly situated, the Plaintiff, v.
Dylan's Candybar, LLC, Case No. 1:17-cv-07156 (S.D.N.Y., Sep. 20,
2017).
Dylan's Candy Bar is a chain of boutique candy shops and candy
supplier currently located in New York City; East Hampton, New
York; Los Angeles, Chicago and Miami Beach, as well as in
wholesale venues around the globe.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
BRONSON LIPSKY LLP
630 Third Avenue, 5th Floor
New York, NY 10017
Telephone: (212) 392 4772
Facsimile: (212) 444 1030
E-mail: dlipsky@bronsonlipsky.com
ELMIRA CORRECTIONAL: "Mitchell" Suit Moved to W.D. New York
-----------------------------------------------------------
The class action lawsuit titled Dontie S. Mitchell, the Plaintiff,
v. Paul Chappius, Jr., Superintendent; J. Hughes, Deputy
Superintendent; Pareso, Correction Officer, Elmira Staff sued in
individual and/or official capacity; Arnot, Correction Officer,
Elmira Staff sued in individual and/or official capacity; Flint,
Correction Officer, Elmira Staff sued in individual and/or
official capacity; Simpson, Correction Officer, Elmira Staff sued
in individual and/or official capacity;
Stewart Eckert, Superintendent, Wende Staff sued in individual
and/or official capacity; Kevin J. Brown, Deputy Superintendent,
Wende Staff sued in individual and/or official capacity;
B.J. Gabel, Deputy Superintendent, Wende Staff sued in individual
and/or official capacity; T. Franclemont, Assistant Deputy
Superintendent, Wende Staff sued in individual and/or official
capacity; Meyers, Correction Captain, Wende Staff sued in
individual and/or official capacity; Sowa, Correction Lieutenant,
Wende Staff sued in individual and/or official capacity;
Herzick, Correction Lieutenant, Wende Staff sued in individual
and/or official capacity; Labedz, Correction Lieutenant, Wende
Staff sued in individual and/or official capacity; Wilkin, Senior
Offender Rehabilitation Coordinator, Wende Staff sued in
individual and/or official capacity; Szableski, Senior Offender
Rehabilitation Coordinator, Wende Staff sued in individual and/or
official capacity; B. Richardson, Senior Offender Rehabilitation
Coordinator, Wende Staff sued in individual and/or official
capacity; and Robert, Correction Sergeant, Wende Staff sued in
individual and/or official capacity, the Defendants, Case No.
9:17-cv-00892, was transferred on Sep. 28, 2017 from the U.S.
District Court for the Northern District of New York, to the U.S.
District Court for the Western District of New York (Rochester).
The New York Western District Court Clerk assigned Case No. 6:17-
cv-06673-MAT to the proceeding. The case is assigned to the Hon.
Judge Michael A. Telesca.[BN]
The Plaintiff appears pro se.
ENVISION HEALTHCARE: "Bozarth" Suit Moved to C.D. California
------------------------------------------------------------
The class action lawsuit titled Renee MacLaughan Bozarth,
individually and on behalf of all others similarly situated, the
Plaintiff. v. Envision Healthcare Corporation, EmCare Holdings,
Inc., EDS-I Practitioners of California, Anthem Blue Cross and
Blue Shield, Anthem, Inc., and Blue Cross of California, dba
Anthem Blue Cross, Case No. RIC1715683, was removed on Sep. 22,
2017 from the Riverside County Superior Court, to the U.S.
District Court for the Central District of California (Eastern
Division - Riverside). The District Court Clerk assigned Case No.
5:17-cv-01935 to the proceeding.
Envision Healthcare is an American healthcare company and national
hospital based physician group. It has been a part of the S&P 500
index since December 2, 2016, where it replaced Legg Mason.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
Eileen R Ridley, Esq.
FOLEY AND LARDNER LLP
555 California Street 17th Floor
San Francisco, CA 94104-1520
Telephone: (415) 434 4484
Facsimile: (415) 434 4507
E-mail: eridley@foley.com
EQUIFAX INC: Faces "Feied" Suit in Northern Dist. of California
---------------------------------------------------------------
A class action lawsuit has been filed against Equifax, Inc. The
case is captioned as Malcolm B. Feied, the Plaintiff, v. Equifax,
Inc., the Defendant, Case No. 3:17-cv-05524-JSC (N.D. Cal., Sep.
22, 2017). The case is assigned to the Hon. Jacqueline Scott
Corley.
Equifax Inc. is a consumer credit reporting agency. Equifax
collects and aggregates information on over 800 million individual
consumers and more than 88 million businesses worldwide.[BN]
The Plaintiff is represented by:
Gordon M. Fauth, Jr., Esq.
LITIGATION LAW GROUP
1801 Clement Ave., Suite 101
Alameda, CA 94501
Telephone: (510) 238 9610
Facsimile: (510) 337 1431
E-mail: gmf@classlitigation.com
EQUIFAX INC: Faces "Napier" Suit in Maine Federal Court
-------------------------------------------------------
A class action lawsuit has been filed against Equifax, Inc. The
case is styled as BARRY NAPIER, on behalf of himself and all
others similarly situated, the Plaintiff, v. EQUIFAX, INC. and
EQUIFAX INFORMATION SERVICES LLC, the Defendants, Case No. 1:17-
cv-00372-JDL (D. Maine, Sep. 22, 2017). The case is assigned to
the Hon. Judge Jon D. Levy.
Equifax Inc. is a consumer credit reporting agency. Equifax
collects and aggregates information on over 800 million individual
consumers and more than 88 million businesses worldwide.[BN]
The Plaintiff is represented by:
John A. Hobson, Esq.
PERKINS THOMPSON, PA
One Canal Plaza
P.O. Box 426
Portland, ME 04112
Telephone: 774 2635
E-mail: jhobson@perkinsthompson.com
EQUIFAX INC: Faces "Weaver" Suit in North Carolina
--------------------------------------------------
A class action lawsuit has been filed against Equifax, Inc. The
case is styled as Terra Weaver and David Le, individually and on
behalf of all others similarly situated, the Plaintiff, v.
Equifax, Inc., the Defendant, Case No. 1:17-cv-00268-MOC-DLH
(W.D.N.C., Sep. 27, 2017). The case is assigned to the Hon.
District Judge Max O. Cogburn, Jr.
Equifax Inc. is a consumer credit reporting agency. Equifax
collects and aggregates information on over 800 million individual
consumers and more than 88 million businesses worldwide. [BN]
The Plaintiff is represented by:
Katherine Langley, Esq.
BURT LANGLEY, P.C.
149 South Lexington, Asheville
Asheville, NC 28801
Telephone: (828) 367 7090
Facsimile: (828) 318 8899
E-mail: klangley@burtlangley.com
ESURANCE PROPERTY: Faces Plantation Spinal Suit in S.D. Fla.
------------------------------------------------------------
A class action lawsuit has been filed against Esurance Property
and Casualty Insurance Company. The case is titled as Plantation
Spinal Care Center, Inc., a Florida corporation, on behalf of
itself and all others similarly situated and Kristopher Gyorok,
the Plaintiffs, v. Esurance Property and Casualty Insurance
Company, the Defendant, Case No. 0:17-cv-61973-BB (S.D. Fla., Oct.
6, 2017). The case is assigned to the Hon. Judge Beth Bloom.
Esurance Property & Casualty Insurance Company operates as a
subsidiary of The Allstate Corporation.[BN]
The Plaintiffs are represented by:
Barbara Perez, Esq.
ARONOVITZ LAW
2 South Biscayne Blvd.
Suite 3700
Miami, FL 33131
Telephone: (305) 372 2772
Facsimile: (305) 397 1886
E-mail: bp@aronovitzlaw.com
- and -
Theophilos George Poulopoulos, Esq.
CORREDOR, HUSSEINI AND SNEDAKER, P.A.
9130 South Dadeland Blvd.
Datran II Center, Suite 1902
Miami, FL 33156
Telephone: (978) 621 4636
- and -
Tod N. Aronovitz, Esq.
ARONOVITZ LAW
One Biscayne Tower
2 South Biscayne Boulevard, Suite 3700
Miami, FL 33131
Telephone: (305) 372 2772
Facsimile: (305) 397 1886
E-mail: ta@aronovitzlaw.com
EVERBANK: Faces "Jessie" Suit in Middle Dist. of Florida
--------------------------------------------------------
A class action lawsuit has been filed against Everbank. The case
is captioned as Tameka Jessie, individually and on behalf of all
other similarly situated, the Plaintiff, v. TIAA, FSB, doing
business as: Everbank, the Defendant, Case No. 3:17-cv-00986-MMH-
JBT (M.D. Fla., Sep. 22, 2017).
EverBank is an American diversified financial services company
providing banking, mortgages, and investing services. It is based
in Jacksonville, Florida, U.S. It operates through standard
banking offices and through its Direct Banking division.[BN]
The Plaintiff is represented by:
Earl P. Underwood, Jr., Esq.
UNDERWOOD & RIEMER, PC
21 South Section Street
Fairhope, AL 36532
Telephone: (251) 990 5558
Facsimile: (251) 990 0626
E-mail: epunderwood@gmail.com
- and -
Sean Estes, Esq.
JAMES HOYER P.A.
2801 W Busch Blvd Ste. 200
Tampa, FL 33618
Telephone: (813) 397 2300
Facsimile: (813) 397 2310
E-mail: sestes@jameshoyer.com
- and -
Seyed Abbas Kazerounian, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue
Costa Mesa, CA 92626
Telephone: (800) 400 6808
Facsimile: (800) 520 5523
E-mail: ak@kazlg.com
EXXACT EXPRESS: Faces "Townsend" Suit in Middle Dist. of Florida
----------------------------------------------------------------
A class action lawsuit has been filed against Exxact Express, Inc.
The case is titled as Jessica Townsend and Dawn Lane, on their own
behalf, and on behalf of all similarly situated individuals, the
Plaintiffs, v. Exxact Express, Inc., a Florida Profit Corporation,
the Defendant, Case No. 8:17-cv-02261-SDM-AAS (M.D. Fla., Sep. 28,
2017). The case is assigned to the Hon. Judge Steven D. Merryday.
Exxact Express offers freight transport and carrier logistics
management to customers across the Southeast United States.[BN]
The Plaintiff is represented by:
Marc Reed Edelman, Esq.
MORGAN & MORGAN, TAMPA P.A.
One Tampa City Center, 7th Floor
201 N Franklin Street
Tampa, FL 33602-5157
Telephone: (813) 223 5505
Facsimile: (813) 257 0572
E-mail: MEdelman@forthepeople.com
FESTIVAL FUN: Faces "Riley" Suit in Southern District of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Festival Fun Parks,
LLC. The case is entitled as Amanie Riley, on behalf of herself
and all others similarly situated, the Plaintiffs, v. Festival Fun
Parks, LLC, doing business as: Lake Compounce, the Defendant, Case
No. 1:17-cv-07761 (S.D.N.Y., Oct. 10, 2017). The case is
Festival Fun owns and operates theme parks. The Company operates
family entertainment centers (FECs) and water parks (WPs) in the
United States.[BN]
The Plaintiff appears pro se.
FFIF-ACM: "Lucas" Suit Moved to Eastern District of Arkansas
------------------------------------------------------------
The class action lawsuit titled Cindy Lucas, for herself and all
other Arkansans similarly situated, the Plaintiff v. FFIF-ACM
Opportunity Fund, the Defendant, Case No. 60CV-17-03970, was
removed on Sep. 22, 2017 from the Pulaski County Circuit Court, to
the U.S. District Court for the Eastern District of Arkansas
(Little Rock). The District Court Clerk assigned Case No. 4:17-cv-
00610-JLH to the proceeding. The case is assigned to the Hon.
Judge J. Leon Holmes.[BN]
The Plaintiff is represented by:
Anthony Bryce Brewer, Esq.
BRYCE BREWER LAW FIRM, LLC
800 West Fourth Street
North Little Rock, AR 72114
Telephone: (501) 978 3030
E-mail: bryce@brycebrewerlaw.com
- and -
Scott E. Poynter, Esq.
POYNTER LAW GROUP
400 West Capitol Avenue, Suite 2910
Little Rock, AR 72201
Telephone: (501) 960 7245
E-mail: scott@poynterlawgroup.com
The Defendant is represented by:
Gary D. Marts, Jr., Esq.
Judy Simmons Henry, Esq.
WRIGHT, LINDSEY & JENNINGS
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
Telephone: (501) 212 1234
Facsimile: (501) 376 9442
E-mail: gmarts@wlj.com
jhenry@wlj.com
GATHERAPP INC: "Williams" Suit Moved to N.D. California
-------------------------------------------------------
The class action lawsuit titled Ryan M. Williams, individually,
and on behalf of all others similarly situated, the Petitioner, v.
GatherApp, Inc., the Defendant, Case No. 4:17-cv-00572, was
transferred on Sep. 27, 2017 from the Missouri Western, to the
U.S. District Court for the Northern District of California (San
Francisco). The District Court Clerk assigned Case No. 3:17-cv-
05594-JSC to the proceeding. The case is assigned to the Hon.
Magistrate Judge Jacqueline Scott Corley.[BN]
The Plaintiff is represented by:
Aristotle N. Rodopoulos, Esq.
Noah K. Wood, Esq.
WOOD LAW FIRM LLC
1100 Main Street, Suite 1800
Kansas City, MO 64105
Telephone: (816) 256 3582
Facsimile: (816) 337 4243
E-mail: ari@woodlaw.com
noah@woodlaw.com
- and -
William Charles Kenney, Esq.
BILL KENNEY LAW FIRM, LLC
1101 Walnut Street, Suite 102
Kansas City, MO 64106
Telephone: (816) 842 2455
Facsimile: (816) 474 8899
E-mail: bkenney@billkenneylaw.com
- and -
Gene P. Graham , Jr., Esq.
WHITE, GRAHAM, BUCKLEY & CARR, LLC
19049 East Valley View Parkway, Suite C
Independence, MO 64055
Telephone: (816) 373 9080
Facsimile: (816) 373 9319
E-mail: ggraham@wagblaw.com
The Defendant is represented by:
Brett A Shanks, Esq.
Jere D Sellers, Esq.
STINSON LEONARD STREET LLP - KC 2900
1201 Walnut St., Ste. 2900
Kansas City, MO 64106
Telephone: (816) 842 8600
Facsimile: (816) 691 3495
E-mail: brett.shanks@stinson.com
jere.sellers@stinsonleonard.com
- and -
Gregory D Beaman, Esq.
1152 15th Street NW
Washington, DC 20005-1706
Telephone: (202) 339 8441
E-mail: gbeaman@orrick.com
- and -
William Molinski, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Street, Suite 3200
Los Angeles, CA 90017-5855
Telephone: (213) 612 2256
Facsimile: (213) 612 2499
E-mail: wmolinski@orrick.com
GEICO: Faces "Rerisi" Suit in M.D. Florida
------------------------------------------
A class action lawsuit has been filed against Government Employees
Insurance Company The case is styled as Catherine Rerisi,
individually and on behalf of all other similarly situated, the
Plaintiff, v. Government Employees Insurance Company, a foreign
Maryland corporation, the Defendant, Case No. 8:17-cv-02230-VMC-
TBM (M.D. Fla., Sep. 26, 2017). The case is assigned to the Hon.
Judge Virginia M. Hernandez Covington.
Government Employees Insurance Company, Inc. provides private
passenger automobile insurance in the United States.[BN]
The Plaintiff is represented by:
Andrew J. Guzzo, Esq.
Camille A. Crandall, Esq.
Kristi C. Kelly, Esq.
KELLY & CRANDALL, PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424 7572
Facsimile: (703) 591 0167
E-mail: kkelly@kellyandcrandall.com
- and -
Anna C. Haac, Esq.
TYCKO & ZAVAREEI, LLP
1828 L Street, NW, Suite 1000
Washington, DC 20036
Telephone: (202) 973 0900
- and -
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA, PA
1110 N Florida Ave Ste 300
Tampa, FL 33602-3343
Telephone: (813) 224 0431
Facsimile: (813) 229 8712
E-mail: bhill@wfclaw.com
- and -
Craig C. Marchiando, Esq.
Elizabeth W. Hanes, Esq.
Leonard A. Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES P.C.
763 J Clyde Morris Blvd Ste 1-A
Newport News, VA 23601
Telephone: (757) 930 3660
Facsimile: (757) 930 3662
E-mail: craig@clalegal.com
lenbennett@clalegal.com
- and -
Luis A. Cabassa, Esq.
WENZEL FENTON CABASSA, PA
1110 N Florida Ave Ste 300
Tampa, FL 33602-3343
Telephone: (813) 224 0431
Facsimile: (813) 229 8712
E-mail: lcabassa@wfclaw.com
GIDDON ENTERPRISES: Faces "Martinez" Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Giddon Enterprises,
Inc. The case is captioned as Pedro Martinez, Individually and as
the representative of a class of similarly situated persons, the
Plaintiff, v. Giddon Enterprises, Inc., doing business as:
Rothman's, the Defendant, Case No. 1:17-cv-05594 (E.D.N.Y., Sep.
25, 2017).
Giddon Enterprises is a men's and boys' clothing store located in
Scarsdale, New York.[BN]
The Plaintiff appears pro se.
GLOBAL TEL*LINK: Prison Callers Denied Class Cert. in Suit
----------------------------------------------------------
Nicole Narea, writing for Law360, reports that an Arkansas federal
court on September 28 declined to certify a class of prisoners and
their families in price-gouging litigation against Global Tel*Link
Corporation at thousands of prisons, saying their unjust
enrichment claims require highly specific factual analysis.
District Judge Timothy Brooks determined that the issues of the
proposed class do not supersede the claims of each of its members,
who demand "individualized inquiry," failing a key requirement for
class action suits.
"There simply is no path forward under the common law of unjust
enrichment that avoids the necessity of overwhelmingly claimant-
specific factual analysis," the decision states. "Therefore, the
court cannot certify these classes."
The court also denied GTL's motion to compel arbitration in the
case, reasoning that it had waived its right to do so based on a
three-prong test evaluating whether a party was aware of its right
to arbitration, behaved in a way that indicated it would not
pursue arbitration and consequently prejudiced the other party.
First filed in June 2015, the suit claims that inmates must pay
whatever rates GTL charges for calls outside prison, and that a
single 15-minute phone call can cost more than an entire month's
basic phone service outside a prison facility. It also argues
"hundreds of millions of dollars" have been provided to
contracting prison entities in the form of kickbacks.
The suit comes from Jacqueline Jacobs, whose relative was an
inmate in Arkansas, and Shondra Caldwell, whose relative is
incarcerated in California, among nine other representative
plaintiffs. They sought to represent all GTL users in all states,
except New Jersey, who made or received prisoner calls after Feb.
7, 2000.
GTL has faced litigation on the same issue in other parts of the
U.S. and has pushed back, in court and out, on Federal
Communications Commission efforts to cap prison call rates.
In deciding to deny class certification, the court analyzed four
proposed class types for their numerosity, commonality, typicality
and whether the class representatives fairly and adequately spoke
for the class as a whole.
The court found that the proposed classes contain at least
thousands of members and that the representatives described claims
that were pertinent to the whole class -- namely, that GTL
violated consumer protection laws and the common law of unjust
enrichment across multiple states by setting the prices for
intrastate phone calls injuriously high.
However, the court found that the proposed classes failed to meet
the predominance requirement for certification, which mandates
that "the issues in the class action that are subject to
generalized proof, and thus applicable to the class as a whole,
predominate over those issues that are subject only to
individualized proof," according to federal statute.
In doing so, the court relied on GTL's arguments under the
voluntary payment doctrine, which states that voluntary payments
cannot be recovered, except under certain narrow circumstances.
GTL had asserted that some class members were not obligated to pay
recoupments of site commissions to GTL and that it has not "harmed
anyone by simply offering a service" that inmates and their
families did not have to use, according to the decision.
The court said that GTL would be able to assert that defense
against every class member, who would then have to offer their own
highly individualized counter-arguments.
"The court's point is simply that GTL's voluntary payment defense
can be asserted in good faith against every member of the proposed
unjust enrichment classes, and that it cannot be resolved without
an individualized inquiry every time -- not only into each
member's personal circumstances, but even into the particular
circumstances surrounding each call," the decision states.
Turning to GTL's motion to compel arbitration, the decision points
out that GTL obtained arbitration agreements from three plaintiffs
before they filed suit, indicating that it understood its right to
pursue arbitration. It also chose not to pursue arbitration for a
year and a half into the litigation and had sought to dismiss two
of the plaintiffs from the case, suggesting that it had not
intended to pursue arbitration at all, the court reasoned.
And one of the plaintiffs expended significant resources in
pursuing class certification, which would not have been at issue
in arbitration -- "a textbook example of prejudice," according to
the decision.
Counsel for the parties did not immediately respond to requests
for comment on September 29.
The proposed class is represented by Amy C. Martin, Benjamin D.
Brown and Robert A. Braun of Cohen Milstein Sellers Toll PLLC,
Donna Siegel Moffaof, Edward W. Ciolko, Monique Myatt Galloway,
Peter A. Muhic and Amanda Trask of Kessler Topaz Meltzer Check
LLP, Patrick Howard of Saltz Mongeluzzi Barrett Bendesky PC, and
Peter R. Kahana and Yechiel Michael Twersky of Berger Montague PC.
Global Tel*Link is represented by Derek Ho of Kellogg Hansen Todd
Figel & Frederick PLLC, Marshall S. Ney of Friday Eldredge & Clark
LLP, and Robert J. Herrington and Michael R. Sklaire of Greenberg
Traurig LLP.
The case is Chruby et al. v. Global Tel*Link Corporation, case
number 5:15-cv-05136, in the U.S. District Court for the Western
District of Arkansas. [GN]
GOPRO INC: Faces "Cabassa" Suit in Middle Dist. of Florida
----------------------------------------------------------
A class action lawsuit has been filed against GoPro, Inc. The case
is styled as Luis Cabassa, individually, and on behalf of all
others similarly situated, the Plaintiff, v. GoPro, Inc.
a Delaware Corporation, the Defendant, Case No. 8:17-cv-02188-SDM-
TGW (M.D. Fla., Sep. 21, 2017). The case is assigned to the Hon.
Judge Steven D. Merryday.
GoPro, Inc. is an American technology company founded in 2002 by
Nick Woodman. It manufactures eponymous action cameras and
develops its own mobile apps and video-editing software.[BN]
The Plaintiff is represented by:
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA, PA
1110 N Florida Ave Ste 300
Tampa, FL 33602-3343
Telephone: (813) 224 0431
Facsimile: (813) 229 8712
E-mail: bhill@wfclaw.com
GREAT BASIN SCIENTIFIC: Faces "Hartman" Suit in Utah
----------------------------------------------------
A class action lawsuit has been filed against Great Basin
Scientific. The case is captioned as Elizabeth Hartman and Chase
Davis, individually and on behalf of all others similarly
situated, the Plaintiffs, v. Great Basin Scientific; David
Spafford, an individual; Ryan Ashton, an individual; Jeffrey Rona,
an individual; Sandra Nielsen, an individual; Kirk Calhoun, an
individual; Ronald Labrum, an individual; and Sam Chawla, an
individual, the Defendants, Case No. 2:17-cv-01067-EJF (D. Utah,
Sep. 22 , 2017). The case is assigned to the Hon. Magistrate Judge
Evelyn J. Furse.
Great Basin develops simple yet powerful sample-to-result, low-
cost molecular diagnostics.[BN]
The Plaintiffs are represented by:
Kenneth L. Reich, Esq.
LEWIS HANSEN
8 E Broadway Ste 410
Salt Lake City, UT 84111
Telephone: (801) 746 6300
E-mail: klr@lewishansen.com
- and -
Christopher B. Snow, Esq.
Wayne Z. Bennett, Esq.
CLYDE SNOW & SESSIONS
One Utah Center 13th Fl
201 S Main St
Salt Lake City, UT 84111-2216
Telephone: (801) 322 2516
E-mail: cbs@clydesnow.com
WZB@clydesnow.com
HERC RENTALS: Faces "Davidson" Suit in California Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against Herc Rentals Inc.
The case is entitled as Davidson, Shawn on behalf of all others
similarly situated and on behalf of the general public, the
Plaintiff, v. Does 1-100 and Herc Rentals Inc., the Defendants,
Case No. 34-2017-00219832-CU-OE-GDS (Cal. Super. Ct., Sep. 28,
2017).
Herc Rentals Inc. offers equipment rental services. The company
provides aerial products, air compressors and tools, climate
control products.[BN]
The Plaintiff is represented by:
William Turley, Esq.
THE TURLEY & MARA LAW FIRM, APLC
7428 Trade St. San Diego, CA 92121
Telephone: (619) 234 2833
HILL PHOENIX: "Valencia" Suit Moved to C.D. California
------------------------------------------------------
The class action lawsuit titled RICHARD VALENCIA, individually,
and on behalf of other members of the general public similarly
situated, the Plaintiff, v. HILL PHOENIX, INC., a Delaware
corporation and DOES 1 through 100, inclusive, the Defendants,
Case No. CIVDS1715125, was removed on Sep. 22, 2017 from the San
Bernardino Superior Court, to the U.S. District Court for the
Central District of California (Eastern Division - Riverside). The
District Court Clerk assigned Case No. 5:17-cv-01936 to the
proceeding.
Hill Phoenix is a leading manufacturer of display cases, specialty
products, refrigeration systems, power systems and comprehensive
services.[BN]
The Plaintiff appears pro se.
HUCK FINN'S: Faces "Anderson" Suit in Eastern Dist. of New York
---------------------------------------------------------------
A class action lawsuit has been filed against Huck Finn's
Playland, LLC. The case is styled as Derrick Anderson, on behalf
of himself and all others similarly situated, the Plaintiff, v.
Huck Finn's Playland, LLC, the Defendant, Case No. 1:17-cv-05565
(E.D.N.Y., Sep. 22, 2017).
Huck Finn's is an old-school amusement park, built in 1951, with
kiddie rides, games and concessions.[BN]
The Plaintiff appears pro se.
INSIGHT GLOBAL: Faces "Muntz" Suit in Southern Dist. of Texas
-------------------------------------------------------------
A class action lawsuit has been filed against Insight Global, LLC.
The case is titled as Deborah Muntz, the Plaintiff, v. Insight
Global, LLC, the Defendant, Case No. 4:17-cv-02855 (S.D. Tex.,
Sep. 22, 2017).
Insight Global is an industry leader for IT, accounting, finance,
engineering, and government staffing services.[BN]
The Plaintiff is represented by:
Richard J Burch, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Ste 1500
Houston, TX 77046
Telephone: (713) 877 8788
Facsimile: (713) 877 8065
E-mail: rburch@brucknerburch.com
INTELEMEDIA COMMUNICATIONS: Faces "Logiudice" Suit in M.D. Fla.
---------------------------------------------------------------
A class action lawsuit has been filed against Intelemedia
Communications, Inc. The case is entitled as Josephine Logiudice,
the individually and on behalf of all others similarly situated,
the Plaintiff, v. Intelemedia Communications, Inc., Intelemedia
Premier Leads, LLC, and Does 1-25, the Defendants, Case No. 5:17-
cv-00433-PGB-PRL (M.D. Fla., Sep. 22, 2017). The case is assigned
to the Hon. Judge Paul G. Byron.
Intelemedia Communications, Inc. was founded in 1993. The
company's line of business includes providing business consulting
services on a contract or fee basis.[BN]
The Plaintiff is represented by:
Jeremy M. Glapion, Esq.
THE GLAPION LAW FIRM, LLC
1704 Maxwell Drive
Wall, NJ 07719
Telephone: (732) 455 9737
Facsimile: (732) 709 5150
- and -
William Peerce Howard, Esq.
THE CONSUMER PROTECTION FIRM, PLLC
210-A S MacDill Ave.
Tampa, FL 33609
Telephone: (813) 500 1500
Facsimile: (813) 435 2369
E-mail: Billy@TheConsumerProtectionFirm.com
INTERCEPT PHARMACEUTICALS: Faces "DeSmet" Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Intercept
Pharmaceuticals, Inc. The case is titled as Judith DeSmet,
individually and on behalf of all others similarly situated, the
Plaintiff, v. Intercept Pharmaceuticals, Inc., Mark Pruzanski, and
Sandip S. Kapadia, the Defendants, Case No. 1:17-cv-07371-LAK
(S.D.N.Y., Sep. 27, 2017). The case is assigned to the Hon. Judge
Lewis A. Kaplan.
Intercept Pharmaceuticals, Inc. is an American biopharmaceutical
company incorporated in 2002, focusing on the development of novel
synthetic bile acid analogs to treat chronic liver diseases.[BN]
The Plaintiff is represented by:
Jeremy Alan Lieberman, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661 1100
Facsimile: (212) 661 8665
E-mail: jalieberman@pomlaw.com
JOHN CHRISTNER: "Huddleston" Suit Moved to E.D. California
----------------------------------------------------------
The class action lawsuit titled Thomas Huddleston, individually
and on behalf of all others similarly situated, the Plaintiff, v.
John Christner Trucking, LLC, the Defendant, Case No. 1:17-cv-
00925, was transferred on Sep. 28, 2017 from the U.S. District
Court for the Eastern District of California, to the U.S. District
Court for the Northern District of Oklahoma (Tulsa). The District
Court Clerk assigned Case No. 4:17-cv-00549-GKF-FHM to the
proceeding. The case is assigned to the Hon. Chief Judge Gregory K
Frizzell.[BN]
The Plaintiff is represented by:
David Christopher Leimbach, Esq.
Mira P Karageorge, Esq.
Carolyn H Cottrell, Esq.
SCHNEIDER WALLACE COTTRELL
KONECKY WOTKYNS LLP
2000 Powell St Ste 1400
Emeryville, CA 94608
Telephone: (415) 421 7100
Facsimile: (415) 421 7105
- and -
Robert S. Boulter, Esq.
LEGAL SOLUTIONS GROUP LLP
1629 Fifth Ave.
San Rafael, CA 94901-1828
Telephone: (415) 233 7100
Facsimile: (415) 233 7101
The Defendant is represented by:
Alaina Cathrine Hawley, Esq.
Megan E Ross, Esq.
SCOPELITIS GARVIN LIGHT
HANSON & FEARY, PC (IN)
10 W Market St Ste 1500
Indianapolis, IN 46204
Telephone: (317) 637 1777
Facsimile: (317) 687 2414
KELLY SERVICES: Faces "Navarro" Suit in C.D. California
-------------------------------------------------------
A class action lawsuit has been filed against Kelly Services, Inc.
The case is styled as Carolyn Navarro, the Plaintiff, v. Kelly
Services, Inc., the Defendant, Case No. 2:17-cv-07043 (C.D. Cal.,
Sep. 25, 2017).
Kelly Services is an American office staffing and workforce
solutions company that operates globally. The company places
employees at all levels in various sectors including the financial
services, information technology, and law industries.[BN]
The Plaintiff is represented by:
Todd M Friedman, Esq.
TODD M FRIEDMAN LAW OFFICES PC
21550 Oxnard Street Suite 780
Woodland Hills, CA 91367
Telephone: (877) 206 4741
Facsimile: (866) 633 0228
E-mail: tfriedman@toddflaw.com
KIA MOTORS: "Kondash" Suit Moved to Southern District of Ohio
-------------------------------------------------------------
The class action lawsuit titled Tom Kondash, on behalf of himself
and all others similarly situated, the Plaintiff ,v. Kia Motors
America, Inc. and Kia Motors Corporation, and HYUNDAI MOTOR
MANUFACTURING OF ALABAMA LLC (Movant), the Defendants, Case No.
4:17-mc-00006, was transferred on Oct. 6, 2017 from
the U.S. District Court for the Middle District of Georgia, to the
U.S. District Court for the Southern District of Ohio
(Cincinnati). The Ohio Southern District Court Clerk assigned Case
No. 1:17-mc-00031-TSB-KLL to the proceeding. The case is assigned
to the Hon. Judge Timothy S. Black.
Kia Motors America, Inc. markets and distributes vehicles.[BN]
Attorneys for Hyundai Motor Manufacturing of Alabama LLC:
Harlan I. Prater, IV, Esq.
Clinton T Speegle, Esq.
Jackson Roger Sharman, III, Esq.
Rachel M Lary, Esq.
LIFT FOOT LAW
400 20 ST N
Birmingham, AL 35203
Telephone: (205) 581 0789
Facsimile: (205) 380 9189
E-mail: jsharman@lightfootlaw.com
rlary@lightfootlaw.com
cspeegle@lightfootlaw.com
hprater@lfwlaw.com
LEASE FINANCE: "Hamzah" Suit Moved to Southern Dist. of New York
----------------------------------------------------------------
The class action lawsuit titled Ahmed Hamzah and Ahmed Bakery,
Inc. and, doing business as: Babylon's Market and Bakery on behalf
of themselves and all others similarly situated, the Plaintiffs,
v. Lease Finance Group, LLC and Northern Leasing Systems Inc.,
Case No. 1:17-cv-02078, was transferred on Sep. 25 2017 from the
U.S. District Court for the Northern District of Georgia, to the
U.S. District Court for the Southern District of New York (Foley
Square). The District Court Clerk assigned Case No. 1:17-cv-07262-
JGK to the proceeding. The case is assigned to the Hon. Judge John
G. Koeltl.
Lease Finance Group, LLC is a Chicago-based lease finance company
specializing in the origination and servicing of micro-ticket
leases.[BN]
The Plaintiffs are represented by:
Edward Adam Webb, Esq.
G. Franklin Lemond, Jr., Esq.
WEBB, KLASE & LEMOND, LLC
1900 The Exchange, SE, Suite 480
Atlanta, GA 30339
Telephone: (770) 444 0773
E-mail: eadamwebb@hotmail.com
flemond@webbllc.com
The Defendants are represented by:
G. Marshall Kent, Jr.
Steven D. Henry, Jr.
Dorothy Cornwell
SMITH MOORE LEATHERWOOD, LLP -GA
Regions Plaza
1180 West Peachtree St., NW, Suite 2300
Atlanta, GA 30309
Telephone: (404) 962 1000
E-mail: marshall.kent@smithmoorelaw.com
steven.henry@smithmoorelaw.com
dorothy.cornwell@smithmoorelaw.com
LEGACY LANDSCAPING: Faces "Sorto" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Legacy Landscaping,
Inc. The case is entitled as Jose A. Sorto, Erik Rios, and Henry
Zelaya, individually and on behalf of himself and all other
similarly situated, the Plaintiff, v. Legacy Landscaping, Inc. and
Gregg Fowler, the Defendants, Case No. 2:17-cv-05599 (E.D.N.Y.,
Sep. 25, 2017).
Legacy landscaping is an authorized Belgard contractor specializes
in landscapes, pavers, retaining walls and outdoor living
areas.[BN]
The Plaintiffs appear pro se.
LENWICH HOLDINGS: Faces "Young" Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Lenwich Holdings
LLC. The case is captioned as Lawrence Young, Individually and on
behalf of all other persons similarly situated, the Plaintiff, v.
Lenwich Holdings LLC, Lenwich Asset Management LLC, and Lenwich HQ
LLC, the Defendants, Case No. 1:17-cv-07241 (S.D.N.Y., Sep. 22,
2017).[BN]
The Plaintiff appears pro se.
LEXINGTON LAW: CBE Group Suit Moved to Northern District of Texas
-----------------------------------------------------------------
The class action lawsuit titled The CBE Group Inc., the Plaintiff,
v. Lexington Law Firm, the Defendant, Case No. DC-17-00708, was
removed on Sep. 22, 2017, from the 44th Judicial District, Dallas
County, Texas, to the U.S. District Court for Northern District of
Texas (Dallas). The District Court Clerk assigned Case No. 3:17-
cv-02594-L to the proceeding. The case is assigned to the Hon.
Judge Sam A Lindsay.[BN]
The Plaintiff is represented by:
Robbie L Malone, Esq.
MALONE AKERLY MARTIN PLLC
NCX Building, Suite 1850
8750 N. Central Expressway
Dallas, TX 75231
Telephone: (214) 346 2625
Facsimile: (214) 346 2631
E-mail: rmalone@mamlaw.com
The Defendant is represented by:
Brent William Martinelli, Esq.
Frank Alvarez, Esq.
QUINTAIROS PRIETO WOOD & BOYER PA
1700 Pacific Avenue, Suite 4545
Dallas, TX 75201
Telephone: (214) 754 8755
Facsimile: (214) 754 8744
E-mail: frank.alvarez@qpwblaw.com
brent.martinelli@qpwblaw.com
LITTLE SIAM: Faces "Jia Xu" Suit in Southern District of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Little Siam Corp.
The case is titled as Jia Xu, individually and on behalf of all
other employees similarly situated, the Plaintiffs, v. Little Siam
Corp. d/b/a Yum Yum Bangkok, Ninth Ave. Kitchen Corp. d/b/a Yum
Yum Too, 658 Thai Corp. d/b/a Yum Yum 3, Nirun Jetanamest, and
Amnard Bhuviriyakul, the Defendants, Case No. 1:17-cv-07342
(S.D.N.Y., Sep. 26, 2017).
Little Siam operates a restaurant business.[BN]
The Plaintiffs are represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-18 39th Avenue Suite 1003
Flushing, NY 11354
Telephone: (718) 353 8588
Facsimile: (718) 353 6288
E-mail: jhang@hanglaw.com
MARRIOTT INTERNATIONAL: Faces "Shabe" Suit in M.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Marriott
International, Inc. The case is captioned as Therese Shabe,
individually and o/b/o all others similarly situated, the
Plaintiff, v. Marriott International, Inc., Renaissance Hotel
Mgmt. Co. LLC, Ritz Carlton Hotel Co, LLC, Residence Inn by
Marriott LLC, Courtyard Mgmt. Corp., Springhill SMC, LLC, Marriott
International Hotels Inc., Marriott Hotel Services, Inc.,
Fairfield FMC LLC, Towneplace Mgmt. LLC, and MI Hotels of Las
Vegas, Inc., the Defendants, Case No. 8:17-cv-02217-JSM-TGW (M.D.
Fla., Sep. 25, 2017). The case is assigned to the Hon. Judge James
S. Moody, Jr.
Marriott International, Inc. is an American multinational
diversified hospitality company that manages and franchises a
broad portfolio of hotels and related lodging facilities.[BN]
The Plaintiff is represented by:
Benjamin L. Williams, Esq.
LAW OFFICES OF BENJAMIN LEE WILLIAMS
P.O. Box 3237
Ponte Vedra Beach, FL 32004-3237
Telephone: (904) 515 7840
Facsimile: (904) 671 9483
E-mail: bwilliams@williamslawjax.com
- and -
Mitchell L. Feldman, Esq.
MITCHELL FELDMAN ESQ. PA
16940 W. Linebaugh Ave.
Tampa, FL 33625
Telephone: (813) 639 9366
Facsimile: (813) 639 9376
E-mail: mlf@feldmanlegal.us
MARKETSOURCE INC: "Nguyen" Suit Moved S.D. California
-----------------------------------------------------
The class action lawsuit titled Kevin Nguyen, individually and on
behalf of other persons similarly situated, the Plaintiff, v.
MarketSource, Inc., also known as: MarketSource, Inc. which will
do business in California as Maryland MarketSource, Inc.
a Maryland Corporation and DOES 1 through 50, inclusive, the
Defendants, Case No. 37-02017-00033174-CU-OE-CTL, was removed on
Oct. 6, 2017 from the Superior Court of California, County of San
Diego, to the U.S. District Court for the Southern District of
California (San Diego). The District Court Clerk assigned Case No.
3:17-cv-02063-AJB-JLB to the proceeding. The case is assigned to
the Hon. Judge Anthony J. Battaglia.
MarketSource Inc. provides outsourced sales solutions for
organizations.[BN]
The Plaintiff is represented by:
Alexander Isaac Dychter, Esq.
DYCHTER LAW OFFICES, APC
1010 Second Avenue, Suite 1835
San Diego, CA 92101
Telephone: (619) 487 0777
Facsimile: (619) 330 1827
E-mail: alex@dychterlaw.com
The Defendant is represented by:
Michael S. Kun, Esq.
EPSTEIN, BECKER & GREEN, PC
1925 Century Park East, Suite 500
Los Angeles, CA 90067-2506
Telephone: (310) 556 8861
Facsimile: (310) 553 2165
E-mail: cemail@ebglaw.com
MEDCERTS HOLDINGS: Faces "Smith" Suit in M.D. Louisiana
-------------------------------------------------------
A class action lawsuit has been filed against Medcerts Holdings,
LLC. The case is captioned as Amber Smith, on her own behalf and
on behalf of a class of similarly situated individuals, the
Plaintiff, v. Medcerts Holdings, LLC and Medcerts LLC, the
Defendants, Case No. 3:17-cv-00676-JJB-EWD (M.D. La., Sep. 22,
2017). The case is assigned to the Hon. Judge James J. Brady.
MedCerts offers online training and distance learning services for
healthcare and information technology (IT) sectors.[BN]
The Plaintiff is represented by:
Andrew David Bizer, Esq.
Marc Florman, Esq.
Garret Scott DeReus, Esq.
THE BIZER LAW FIRM
3319 St. Claude Avenue
New Orleans, LA 70130
Telephone: (504) 619 9999
Facsimile: (504) 948 9996
E-mail: andrew@bizerlaw.com
mflorman@bizerlaw.com
gdereus1@gmail.com
MENARD INC: Wood Dimensions Not Misleading, Judge Tells Class
-------------------------------------------------------------
Diana Novak Jones, writing for Law360, reports that an Illinois
federal judge hammered a proposed class action against hardware
chain Menard Inc. over allegations it shorted customers who bought
lumber, saying on September 29 that labels listing the wood pieces
as "4 x 4" were not misleading about how long they actually were.
U.S. District Judge Edmond E. Chang granted Menards' motion to
dismiss the suit, which claimed that the actual pieces of lumber
were shorter than advertised. The judge said the use of 4x4 -- the
trade name for the piece of wood -- was "literally true" because
it didn't include inch-mark symbols after each number.
The suit, which was brought on behalf of anyone who purchased
lumber from Menards, had claimed violations of the Illinois
Consumer Fraud and Deceptive Business Practices Act, breach of
warranty and unjust enrichment.
But Judge Chang said the use of the trade name is endorsed by The
National Institute of Standards and Technology, a federal agency
tasked with establishing manufacturing standards for industries,
with the understanding that the name 4x4 or 1x6 comes from the
length of the wood before it is surfaced and sold.
"Without a literally untrue statement, combined with the
government-recognized distinction between nominal sizes and actual
sizes, no reasonable consumer would think that the labels showed
the exact dimensions of the lumber," Judge Chang wrote.
The dismissal comes about six months after plaintiffs Michael
Fuchs and Vladislav Krasilnikov filed the suit. Fuchs said he
bought lumber at Menards labeled as "1 x 6 - 71 - 72""and "4 x
4 - 10'", but when he got home and measured it the wood was
actually .66" x 5.25" x 6' and 3.5" x 3.5" x 10', respectively.
Krasilnikov's 4 x 4 was actually 3.5" x 3.5" x 8'.
Fuchs' 1x6 was 43 percent less wood and his 4x4 was 23 percent
less wood than he believed he was buying, based on the label, he
said. Both he and Krasilnikov said they would not have purchased
the wood at the price they paid had they known about its true
length.
Their suit is not the only one in Illinois federal court over
lumber length. A similar suit lodged against The Home Depot Inc.
is awaiting a judge's ruling on the company's motion to dismiss.
In June, Home Depot asked Judge Chang to reassign its lumber suit
to his court as related to the Menards case, but the judge said
the labels used at the two stores had too many differences.
In dismissing the Menards suit on September 29, Judge Chang
compared it to another infamous class action in Illinois, this one
over the amount of liquid included in iced drinks sold at
Starbucks.
That plaintiff said Starbucks advertised its drinks in ounce
volumes, only to add ice that limited the actual amount of coffee
or tea in the cup. But the judge overseeing that suit dismissed it
in October 2016, saying the customer had to know that ice would be
included in the cup when they placed their order.
"Similarly here, the plaintiffs see labels that do not have
dimensional-size markings, based on a published distinction
recognized by the Institute, and the plaintiffs have direct and
complete access to the information needed to determine the height
and width of the lumber," Judge Chang said.
The plaintiffs already had one shot at reworking their complaint
and they didn't ask for third try, so Judge Chang dismissed the
suit with prejudice.
Counsel for the class did not respond to requests for comment on
September 29, and a spokesman for Menards declined to comment.
The proposed class is represented by Myles McGuire, Esq. Evan M.
Meyers, Esq. Eugene Y. Turin, Esq. and William P. Kingston, Esq. -
- info@mcgpc.com -- of McGuire Law PC.
Menards is represented by Matthew J. Fedor, Esq. --
matthew.fedor@dbr.com -- Daniel J. Delaney, Esq. --
Daniel.delaney@dbr.com -- and Matthew M. Morrissey, Esq. --
matthew.morrissey@dbr.com -- of Drinker Biddle & Reath LLP.
The case is Fuchs et al v. Menard, Inc., case number 1:17-cv-
01752, in the U.S. District Court of Northern Illinois. [GN]
MERCK & CO: "Erickson" Suit Moved to Middle District of Florida
---------------------------------------------------------------
The class action lawsuit titled Robert Erickson, Vernon Purdhamm
and Rebecca Bell, the Plaintiffs, v. Merck & Co., Inc., Merck
Sharp & Dohme Corp., and McKesson Corp., the Defendants, Case No.
2017 31439 CICI, was removed on Sep. 21, 2017 from the Volusia
County Seventh Judicial Circuit, to the U.S. District Court for
the Middle District of Florida (Orlando). The District Court Clerk
assigned Case No. 6:17-cv-01672-PGB-GJK to the proceeding. The
case is assigned to the Hon. Judge Paul G. Byron.
Merck & Co., Inc. is an American pharmaceutical company and one of
the largest pharmaceutical companies in the world.[BN]
The Plaintiff is represented by:
Carmen A. DeGisi, Esq.
MARC J. BERN & PARTNERS LLP
60 E. 42nd St. Ste. 950
New York, NY 10165
The Defendants are represented by:
David J. Walz, Esq.
Edward W. Gerecke, Esq.
CARLTON FIELDS JORDEN BURT, PA
4221 W Boy Scout Blvd Ste 1000
PO Box 3239
Tampa, FL 33601-3239
Telephone: (813) 223 7000
Facsimile: (813) 229 4133
E-mail: dwalz@carltonfields.com
egerecke@carltonfields.com
MDL 2729: Cooper Suit v. Samsung Electronics Moved to W.D. Okla.
----------------------------------------------------------------
The class action lawsuit titled Joy Cooper, on behalf of herself
and all others similarly situated, the Plaintiff, v. Samsung
Electronics America Inc., the Defendant, Case No. 0:17-cv-61022,
was transferred from the U.S. District Court for the Southern
District of Florida, to the U.S. District Court for the Western
District of Oklahoma (Oklahoma City). The Western District Court
Clerk assigned Case No. 5:17-cv-01080-D to the proceeding.
Samsung Electronics America, Inc. supplies consumer electronics
and digital products in the United States.
The Cooper case is being consolidated with MDL 2729 in re: Samsung
Top-Load Washing Machine Litigation. The MDL was created by Order
of the United States Judicial Panel on Multidistrict Litigation on
July 20, 2017. This transfer motion covers twenty-four putative
class-action Complaints filed by forty plaintiffs in twenty
separate federal districts concerning the same Samsung top-load
washing machine models. The Complaints propose overlapping, and in
many cases, identical, putative nationwide classes and/or multiple
state classes. At center stage of each of these Complaints are
allegations that these washers possess certain defects that
manifest themselves during the spin cycle and pose a risk of harm
to consumers and their property, as well as allegations concerning
the damages that consequentially flow therefrom. The Complaints
each claim that Defendants purportedly knew of the defects and
concealed them from consumers while they continued to sell the
machines. In its June 20, 2017 Order, the MDL Panel found that the
actions involved common questions of fact because the plaintiffs
had "uniformly allege[d] that Dollar General fail[ed] to
adequately warn that the products unsuitable for use," and the
plaintiffs "in all the actions allege[d] similar claims for breach
of warranties, unjust enrichment, and violation of various state
consumer protection acts." In addition, despite the presence of
common counsel, the Panel was persuaded by the fact that, "in each
of these actions, [the plaintiffs] would seek to obtain the same
documentary and testimonial evidence from defendants and third-
party witnesses," as well as expert discovery. Presiding Judge in
the MDL is Hon. Judge Timothy D. DeGiusti. The lead case is 5:17-
ml-02792-D.[BN]
The Plaintiff is represented by:
Jayne Arnold Goldstein, Esq.
Nathan C. Zipperian, Esq.
SHEPHERD FINKELMAN MILLER & SHAH LLP
1625 N. Commerce Parkway, Suite 320
Ft. Lauderdale, FL 33326
Telephone: (954) 903 3170
Facsimile: (866) 300 7367
The Defendant is represented by:
Andrew Russell Kruppa, Esq.
Alvin Bruce Davis, Esq.
SQUIRE PATTON BOGGS (US) LLP
200 S. Biscayne Blvd., Suite 4700
Miami, FL 33131-2398
Telephone: (305) 577 7712
Facsimile: (305) 577 7001
MDL 2729: "Jacobs" Suit v. Samsung Moved to W.D. Oklahoma
---------------------------------------------------------
The class action lawsuit titled Randa Jacobs, on behalf of herself
and all others similarly situated, the Plaintiff, v. Samsung
Electronics America Inc., Samsung Electronics Co Ltd.,
The Home Depot, Inc. Lowe's Home Centers LLC, and Best Buy Co Inc.
Sears Holding Corporation, Case No. 3:17-cv-00272, was transferred
on Oct. 10, 2017 from the U.S. District Court for the Western
District of Kentucky, to the U.S. District Court for the Western
District of Oklahoma (Oklahoma City). The District Court Clerk
assigned Case No. 5:17-cv-01079-D to the proceeding.
Samsung Electronics America, Inc. supplies consumer electronics
and digital products in the United States.
The Jacobs case is being consolidated with MDL 2729 in re: Samsung
Top-Load Washing Machine Litigation. The MDL was created by Order
of the United States Judicial Panel on Multidistrict Litigation on
July 20, 2017. This transfer motion covers twenty-four putative
class-action Complaints filed by forty plaintiffs in twenty
separate federal districts concerning the same Samsung top-load
washing machine models. The Complaints propose overlapping, and in
many cases, identical, putative nationwide classes and/or multiple
state classes. At center stage of each of these Complaints are
allegations that these washers possess certain defects that
manifest themselves during the spin cycle and pose a risk of harm
to consumers and their property, as well as allegations concerning
the damages that consequentially flow therefrom. The Complaints
each claim that Defendants purportedly knew of the defects and
concealed them from consumers while they continued to sell the
machines. In its June 20, 2017 Order, the MDL Panel found that the
actions involved common questions of fact because the plaintiffs
had "uniformly allege[d] that Dollar General fail[ed] to
adequately warn that the products unsuitable for use," and the
plaintiffs "in all the actions allege[d] similar claims for breach
of warranties, unjust enrichment, and violation of various state
consumer protection acts." In addition, despite the presence of
common counsel, the Panel was persuaded by the fact that, "in each
of these actions, [the plaintiffs] would seek to obtain the same
documentary and testimonial evidence from defendants and third-
party witnesses," as well as expert discovery. Presiding Judge in
the MDL is Hon. Judge Timothy D. DeGiusti. The lead case is 5:17-
ml-02792-D.[BN]
The Plaintiff is represented by:
John S. Friend, Esq.
Robert W. Bishop, Esq.
Tyler Z. Korus, Esq.
BISHOP FRIEND, PSC
6520 Glenridge Park, Suite 6
Louisville, KY 40222-9998
MDL 2741: "Bare" Suit v. Monsanto Consolidated in N.D. Cal.
-----------------------------------------------------------
The class action lawsuit titled Elizabeth Bare, surviving heir of
Stephanie Bare-Wheeler on behalf of all legal heirs of Stephanie
Bare-Wheeler; and Estate of Stephanie Bare-Wheeler By and through
her representative Elizabeth Bare, the Plaintiffs, v. Monsanto
Company, the Defendant, Case No. 4:17-cv-02354, was transferred on
Sep. 21, 2017 from the U.S. District Court for the Eastern
District of Missouri, to the U.S. District Court for the Northern
District of California (San Francisco). The District Court Clerk
assigned Case No. 3:17-cv-05479-VC to the proceeding.
Monsanto Company is a publicly traded American multinational
agrochemical and agricultural biotechnology corporation. It is
headquartered in Creve Coeur, Greater St. Louis, Missouri.
The Bare case is being consolidated with MDL 2741 in re: Roundup
Products Liability Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 3, 2016. These actions share common factual questions
arising out of allegations that Monsanto's Roundup herbicide,
particularly its active ingredient, glyphosate, causes non-
Hodgkin's lymphoma. Plaintiffs each allege that they or their
decedents developed non-Hodgkin's lymphoma after using Roundup
over the course of several or more years. Plaintiffs also allege
that the use of glyphosate in conjunction with other ingredients,
in particular the surfactant polyethoxylated tallow amine (POEA),
renders Roundup even more toxic than glyphosate on its own. Issues
concerning general causation, the background science, and
regulatory history will be common to all actions.
In its October 3, 2016 Order, the MDL Panel found that the actions
in this MDL involve common questions of fact, and that
centralization in the Northern District of California will serve
the convenience of the parties and witnesses and promote the just
and efficient conduct of this litigation. Centralization will
eliminate duplicative discovery; prevent inconsistent pretrial
rulings (including with respect to discovery, privilege, and
Daubert motion practice); and conserve the resources of the
parties, their counsel, and the judiciary. Presiding Judge in the
MDL is Hon. Judge Vince Chhabria. The lead case is 3:16-md-02741-
VC.[BN]
The Plaintiff is represented by:
Jacob A. Flint, Esq.
FLINT LAW FIRM, LLC
222 Park Street, Suite 500
Edwardsville, IL 62025
Telephone: (618) 205 2017
Facsimile: (618) 307 5790
E-mail: jflint@toverdict.com
MDL 2741: "Pearce" Suit v. Monsanto Moved to N.D. Cal.
------------------------------------------------------
The class action lawsuit titled Anthony Pearce, the Plaintiff, v.
Monsanto Company, the Defendant, Case No. 4:17-cv-02355, was
transferred on Sep. 21, 2017 from the U.S. District Court for the
Eastern District of Missouri, to the U.S. District Court for the
Northern District of California (San Francisco). The District
Court Clerk assigned Case No. 3:17-cv-05480-VC to the proceeding.
Monsanto Company is a publicly traded American multinational
agrochemical and agricultural biotechnology corporation. It is
headquartered in Creve Coeur, Greater St. Louis, Missouri.
The Pearce case is being consolidated with MDL 2741 in re: Roundup
Products Liability Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 3, 2016. These actions share common factual questions
arising out of allegations that Monsanto's Roundup herbicide,
particularly its active ingredient, glyphosate, causes non-
Hodgkin's lymphoma. Plaintiffs each allege that they or their
decedents developed non-Hodgkin's lymphoma after using Roundup
over the course of several or more years. Plaintiffs also allege
that the use of glyphosate in conjunction with other ingredients,
in particular the surfactant polyethoxylated tallow amine (POEA),
renders Roundup even more toxic than glyphosate on its own. Issues
concerning general causation, the background science, and
regulatory history will be common to all actions.
In its October 3, 2016 Order, the MDL Panel found that the actions
in this MDL involve common questions of fact, and that
centralization in the Northern District of California will serve
the convenience of the parties and witnesses and promote the just
and efficient conduct of this litigation. Centralization will
eliminate duplicative discovery; prevent inconsistent pretrial
rulings (including with respect to discovery, privilege, and
Daubert motion practice); and conserve the resources of the
parties, their counsel, and the judiciary. Presiding Judge in the
MDL is Hon. Judge Vince Chhabria. The lead case is 3:16-md-02741-
VC.[BN]
The Plaintiff is represented by:
Jacob A. Flint, Esq.
FLINT LAW FIRM, LLC
222 Park Street, Suite 500
Edwardsville, IL 62025
Telephone: (618) 205 2017
Facsimile: (618) 307 5790
E-mail: jflint@toverdict.com
MDL 2741: "Fair" Suit vs. Monsanto Moved to N.D. California
-----------------------------------------------------------
The class action lawsuit titled Michael R. Fair, the Plaintiff, v.
Monsanto Company, the Defendant, Case No. 4:17-cv-02399, was
transferred on Sep. 26, 2017, from the U.S. District Court for the
Eastern District of Missouri, to the U.S. District Court for the
Northern District of California (San Francisco). The California
Northern District Clerk assigned Case No. 3:17-cv-05573-VC to the
proceeding.
Monsanto Company is a publicly traded American multinational
agrochemical and agricultural biotechnology corporation. It is
headquartered in Creve Coeur, Greater St. Louis, Missouri.
The Fair case is being consolidated with MDL 2741 in re: Roundup
Products Liability Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 3, 2016. These actions share common factual questions
arising out of allegations that Monsanto's Roundup herbicide,
particularly its active ingredient, glyphosate, causes non-
Hodgkin's lymphoma. Plaintiffs each allege that they or their
decedents developed non-Hodgkin's lymphoma after using Roundup
over the course of several or more years. Plaintiffs also allege
that the use of glyphosate in conjunction with other ingredients,
in particular the surfactant polyethoxylated tallow amine (POEA),
renders Roundup even more toxic than glyphosate on its own. Issues
concerning general causation, the background science, and
regulatory history will be common to all actions.
In its October 3, 2016 Order, the MDL Panel found that the actions
in this MDL involve common questions of fact, and that
centralization in the Northern District of California will serve
the convenience of the parties and witnesses and promote the just
and efficient conduct of this litigation. Centralization will
eliminate duplicative discovery; prevent inconsistent pretrial
rulings (including with respect to discovery, privilege, and
Daubert motion practice); and conserve the resources of the
parties, their counsel, and the judiciary. Presiding Judge in the
MDL is Hon. Judge Vince Chhabria. The lead case is 3:16-md-02741-
VC.[BN]
The Plaintiff is represented by:
Jacob A. Flint, Esq.
FLINT LAW FIRM, LLC
222 Park Street
Suite 500
Edwardsville, IL 62025
Telephone: (618) 205 2017
Facsimile: (618) 307 5790
E-mail: jflint@toverdict.com
MDL 2741: "Votta" Suit v. Monsanto Moved to N.D. California
-----------------------------------------------------------
The class action lawsuit titled Reno Votta, the Plaintiff, v.
Monsanto Company, the Defendant, Case No. 4:17-cv-02402, was
transferred on Sep. 26, 2017 from the U.S. District Court for the
Eastern District of Missouri, to the U.S. District Court for the
Northern District of California (San Francisco). The California
Northern District Court Clerk assigned Case No. 3:17-cv-05574-VC
to the proceeding.
Monsanto Company is a publicly traded American multinational
agrochemical and agricultural biotechnology corporation. It is
headquartered in Creve Coeur, Greater St. Louis, Missouri.
The Votta case is being consolidated with MDL 2741 in re: Roundup
Products Liability Litigation. The MDL was created by Order of the
United States Judicial Panel on Multidistrict Litigation on
October 3, 2016. These actions share common factual questions
arising out of allegations that Monsanto's Roundup herbicide,
particularly its active ingredient, glyphosate, causes non-
Hodgkin's lymphoma. Plaintiffs each allege that they or their
decedents developed non-Hodgkin's lymphoma after using Roundup
over the course of several or more years. Plaintiffs also allege
that the use of glyphosate in conjunction with other ingredients,
in particular the surfactant polyethoxylated tallow amine (POEA),
renders Roundup even more toxic than glyphosate on its own. Issues
concerning general causation, the background science, and
regulatory history will be common to all actions.
In its October 3, 2016 Order, the MDL Panel found that the actions
in this MDL involve common questions of fact, and that
centralization in the Northern District of California will serve
the convenience of the parties and witnesses and promote the just
and efficient conduct of this litigation. Centralization will
eliminate duplicative discovery; prevent inconsistent pretrial
rulings (including with respect to discovery, privilege, and
Daubert motion practice); and conserve the resources of the
parties, their counsel, and the judiciary. Presiding Judge in the
MDL is Hon. Judge Vince Chhabria. The lead case is 3:16-md-02741-
VC.[BN]
The Plaintiff is represented by:
Jacob A. Flint, Esq.
FLINT LAW FIRM, LLC
222 Park Street, Suite 500
Edwardsville, IL 62025
Telephone: (618) 205 2017
Facsimile: (618) 307 5790
E-mail: jflint@toverdict.com
METROPOLITAN LIFE: Faces "Miller" Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Metropolitan Life
Insurance Company. The case is styled as Dale Miller and John F.
Barton, Jr., on behalf of themselves and all others similarly
situated, the Plaintiff, v. Metropolitan Life Insurance Company, a
New York Corporation, MetLife, Inc. a Delaware Corporation, and
DOES 1-10, inclusive, the Defendants, Case No. 1:17-cv-07284
(S.D.N.Y., Sep. 25, 2017).
MetLife, Inc. is the holding corporation for the Metropolitan Life
Insurance Company, better known as MetLife, and its
affiliates.[BN]
The Plaintiff is represented by:
Hunter Jay Shkolnik, Esq.
NAPOLI BERN RIPKA & ASSOCIATES
350 Fifth Avenue
New York, NY 10118
Telephone: (212) 513 3700
Facsimile: (212) 513 7320
E-mail: hunter@napolilaw.com
MEXICO 2000: Faces "Sanchez" Suit in Eastern Dist. of New York
--------------------------------------------------------------
A class action lawsuit has been filed against Mexico 2000
Restaurant Corp. The case is captioned as Rafael Andre Salas
Sanchez, individually and on behalf of others similarly situated,
the Plaintiff, v. Mexico 2000 Restaurant Corp., doing business as:
Mexico 2000, Adrian Mejia, and Sergio Romero, the Defendant, Case
No. 1:17-cv-05581-JBW-RML (E.D.N.Y., Sep. 25, 2017). The case is
assigned to the Hon. Judge Jack B. Weinstein.
Mexico 2000 is in restaurant business.[BN]
The Plaintiff is represented by:
Michael A. Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Telephone: (212) 317 1200
Facsimile: (212) 317 1620
E-mail: faillace@employmentcompliance.com
MONSANTO COMPANY: Faces "Sweat" Suit over Herbicide Roundup
-----------------------------------------------------------
ARTHUR SWEAT, the Plaintiff, v. MONSANTO COMPANY, the Defendant,
Case No. 5:17-cv-00127-LGW-RSB (S.D. Ga., Sep. 21, 2017), seeks
for damages suffered by Plaintiff as a direct and proximate result
of Defendant's negligent and wrongful conduct in connection with
the design, development, manufacture, testing, packaging,
promoting, marketing, advertising, distribution, labeling, and/or
sale of the herbicide Roundup (TM), containing the active
ingredient glyphosate.
The Plaintiff maintains that Roundup (TM) and/or glyphosate is
defective, dangerous to human health, unfit and unsuitable to be
marketed and sold in commerce, and lacked proper warnings and
directions as to the dangers associated with its use. The
Plaintiff's injuries, like those striking thousands of similarly
situated victims across the country, were avoidable.
Monsanto Company is a publicly traded American multinational
agrochemical and agricultural biotechnology corporation. It is
headquartered in Creve Coeur, Greater St. Louis, Missouri.[BN]
The Plaintiff is represented by:
Eugene C. Brooks, Esq.
Brooks Law Firm
313 West York Street
Savannah, GA 31401
Telephone: (912) 233 9696
E-mail: gbrooks@brooks-law.com
MONSANTO COMPANY: "Farms" Suit Moved to Eastern Dist. of Arkansas
-----------------------------------------------------------------
The class action lawsuit titled Whitehead Farms and Kevin
Whitehead, on Behalf of Itself And Other Similarly Situated
Arkansans, the Plaintiffs, v. Monsanto Company, BASF SE, BASF
Corporation, BASF Crop Protection, and John Does 1-25, the
Defendants, Case No. CV-17-00040, was removed on Sep. 20, 2017
from the Woodruff County Circuit Court, to the U.S. District Court
for the Eastern District of Arkansas (Helena). The District Court
Clerk assigned Case No. 2:17-cv-00168-DPM to the proceeding. The
case is assigned to the Hon. Judge D. P. Marshall Jr.[BN]
Monsanto Company is a publicly traded American multinational
agrochemical and agricultural biotechnology corporation. It is
headquartered in Creve Coeur, Greater St. Louis, Missouri.
The Plaintiffs are represented by:
Alex T. Gray, Esq.
George Nathan Steel, Esq.
Jeremy Y. Hutchinson, Esq.
Marshall Wright, Esq.
STEEL, WRIGHT, GRAY & HUTCHINSON, PLLC
400 West Capitol Avenue, Suite 2910
Little Rock, AR 72201
Telephone: (501) 251 1587
Facsimile: (204) 244 2614
E-mail: alex@swghfirm.com
nate@swghfirm.com
jeremy@swghfirm.com
marshallwright@sbcglobal.net
- and -
Scott E. Poynter, Esq.
POYNTER LAW GROUP
400 West Capitol Avenue, Suite 2910
Little Rock, AR 72201
Telephone: (501) 960 7245
E-mail: scott@poynterlawgroup.com
The Defendants are represented by:
A. Elizabeth Blackwell, Esq.
Christopher M. Hohn, Esq.
Daniel C. Cox, Esq.
THOMPSON COBURN LLP
One U.S. Bank Plaza, Suite 2700
St. Louis, MO 63101
Telephone: (314) 552 6000
Facsimile: (314) 552 7000
E-mail: eblackwell@thompsoncoburn.com
chohn@thompsoncoburn.com
dcox@thompsoncoburn.com
- and -
Edwin L. Lowther, Jr., Esq.
Scott Andrew Irby, Esq.
WRIGHT, LINDSEY & JENNINGS
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
Telephone: (501) 371 0808
E-mail: elowther@wlj.com
sirby@wlj.com
- and -
Jan Paul Miller, Esq.
Jeffrey A. Masson, Esq.
THOMPSON COBURN LLP
One U.S. Bank Plaza, Suite 2700
St. Louis, MO 63101
Telephone: (314) 552 6000
Facsimile: (314) 552 7000
E-mail: jmiller@thompsoncoburn.com
jmasson@thompsoncoburn.com
- and -
E. B. Chiles, IV, Esq.
John E. Tull, III, Esq.
Sarah DeLoach, Esq.
QUATTLEBAUM, GROOMS & TULL PLLC
111 Center Street, Suite 1900
Little Rock, AR 72201-3325
Telephone: (501) 379 1700
E-mail: cchiles@qgtb.com
jtull@qgtlaw.com
sdeloach@qgtlaw.com
NEAL SIGNATURE: Faces "Swarner" Suit in Middle Dist. of Florida
---------------------------------------------------------------
A class action lawsuit has been filed against Neal Signature
Homes, LLC. The case is styled as Meggon Swarner, on her own
behalf, and on behalf of all others similarly situated, the
Plaintiff, v. Neal Signature Homes, LLC, a Florida Limited
Liability Company and NC Employment Group, Inc., a Florida Profit
Corporation, the Defendants, Case No. 8:17-cv-02259-SDM-AEP (M.D.
Fla., Sep. 28, 2017). The case is assigned to the Hon. Judge
Steven D. Merryday.
Neal Signature builds luxury custom and move in ready homes
throughout Southwest and Central Florida.[BN]
The Plaintiff is represented by:
Marc Reed Edelman, Esq.
MORGAN & MORGAN, TAMPA P.A.
One Tampa City Center, 7th Floor
201 N Franklin Street
Tampa, FL 33602-5157
Telephone: (813) 223 5505
Facsimile: (813) 257 0572
E-mail: MEdelman@forthepeople.com
NEW YORK: Mother Fights to End Bullying for Daughter
----------------------------------------------------
Melkorka Licea and Susan Edelman, writing for New York Post,
report that school officials do too little to stop bullying, says
the mother of a 15-year-old victim.
Ashlee Merrill said her daughter, Aleeyah -- a sophomore at Essex
Street Academy on the Lower East Side -- was ridiculed and taunted
on Facebook by a classmate in late August, who also targeted her
in a Snapchat video which threatened, "I'll stab bitches and spit
in their face."
Merrill contacted Families for Excellent Schools, a pro-charter
group that filed a federal class-action suit against the city
Department of Education, charging a failure to address violence
and bullying.
"There was serious violence before -- this was just the worst
we've seen," said the group's lawyer, Jim Walden, referring to
September 27's fatal high-school stabbing over alleged bullying in
The Bronx.
The lawsuit demands that the DOE enforce a protocol to investigate
complaints, and take actions such as removing bullies or letting
victims change schools upon request.
The two sides are close to a settlement, court papers say.
In Aleeyah's case, the menacing video wasn't sent to her alone,
but it was posted minutes after the girl insulted Aleeyah on
Facebook, the mom said.
"This girl was calling my daughter a 'cornball' and a 'follower'
for no reason, then posted that scary video right after," said
Merrill, who was inspired to speak out after last week's bullying-
related bloodshed. "It made her feel really unsafe."
Merrill, 36, said she immediately informed the school principal
and demanded the other girl be removed from her daughter's
homeroom class.
The principal "told me they were going to remove her from my
daughter's class a month ago and still hasn't done anything,"
Merrill said. The school assured Merrill a counselor attempted
"mediation" with the alleged bully. The principal could not
immediately be reached.
"They don't take things seriously. I guess they have to wait until
someone gets hurt for them to help," the mom said.
DOE spokeswoman Toya Holness said in a statement: "We take any
allegation of bullying seriously and provide schools with
resources to ensure a safe and inclusive learning environment.
This incident was reported and we're working closely with the
school to look into it and ensure appropriate follow-up action is
swiftly taken." [GN]
NORTHAMPTON PROBATE: Faces "Schilling" Suit in Massachusetts
------------------------------------------------------------
A class action lawsuit has been filed against Northampton Probate
and Family Court. The case is titled as Michell A. Schilling S, A,
and L by Mother and Next Friend and on behalf of others similarly
situated, the Plaintiff, v. Maura Healy, Massachusetts Attorney
General; Northampton Probate and Family Court; Eastern Hampshire
District Court; Hampshire Juvenile Court; Palmer District Court;
Department of Children and Families; and Ware High School, the
Defendants, Case No. 3:17-cv-30132-KAR (D. Mass., Sep. 25, 2017).
The case is assigned to the Hon. Magistrate Judge Katherine A.
Robertson.[BN]
The Plaintiff appears pro se.
P & J STRIPING: Faces "Vega" Suit in Southern Dist. of Florida
--------------------------------------------------------------
A class action lawsuit has been filed against P & J Striping Inc.
The case is captioned as Yasel Vega, the Plaintiff v. P & J
Striping Inc., Jackeline Bermudez, and Pedro Bermudez, Case No.
1:17-cv-23515-FAM (S.D. Fla., Sep. 25, 2017). The case is assigned
to the Hon. Judge Federico A. Moreno.[BN]
The Plaintiff is represented by:
Ruben Martin Saenz, Esq.
SAENZ & ANDERSON, PLLC
20900 N.E. 30th Avenue, Suite 800
Aventura, FL 33180
Telephone: (305) 503 5131
Facsimile: (888) 270 5549
E-mail: msaenz@saenzanderson.com
PHILLIPS: Faces "Reedy" Suit in Southern District of Texas
----------------------------------------------------------
A class action lawsuit has been filed against Phillips. The case
is titled as Christopher Reedy and T.C. Holdings Delaware, Inc.,
the Plaintiff, v. Phillips, the Defendant, Case No. 4:17-cv-02914
(S.D. Tex., Sep. 28, 2017).[BN]
The Plaintiffs are represented by:
Douglas Robert Salisbury, Esq.
POTTS LAW FIRM
3737 Buffalo Speedway, Suite 1900
Houston, TX 77098
Telephone: (713) 963 8881
Facsimile: (713) 058 5388
E-mail: dsalisbury@potts-law.com
PHILLIPS & COHEN: Faces "Buxbaum" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Phillips & Cohen
Associates, Ltd. The case is captioned as Sigmund Buxbaum, on
behalf of himself and all other similarly situated consumers, the
Plaintiff, v. Phillips & Cohen Associates, Ltd., the Defendant,
Case No. 1:17-cv-05681 (E.D.N.Y., Sep. 28, 2017).
Phillips & Cohen Associates provides debt recovery services in the
United States and internationally.[BN]
The Plaintiff appears pro se.
POMEROY IT: "Mateo-Hernandez" Suit Moved to E.D. Kentucky
---------------------------------------------------------
The class action lawsuit titled Wilvin Mateo-Hernandez, on behalf
of himself and on behalf of all others similarly situated, the
Plaintiff, v. Pomeroy IT Solutions Sales Company, Inc., the
Defendant, Case No. 8:17-cv-01835, was transferred on Sep. 20,
2017 from the U.S. District Court for the Middle District of
Florida, to the U.S. District Court for the Eastern District of
Kentucky (Covington). The District Court Clerk assigned Case No.
2:17-cv-00166-DLB-CJS to the proceeding. The case is assigned to
the Hon. Judge David L. Bunning.
Pomeroy IT plans, assesses, designs, builds, tests, implements,
manages, and optimize information technology (IT) infrastructure
for clients.[BN]
The Plaintiff is represented by:
Andrew R. Frisch, Esq.
C. Ryan Morgan, Esq.
Marc Reed Edelman, Esq.
MORGAN & MORGAN PA
600 N. Pine Island Road, Suite 400
Plantation, FL 33324
Telephone: (954) 318 0268
Facsimile: (954) 327 3013
E-mail: afrisch@forthepeople.com
rmorgan@forthepeople.com
The Defendant is represented by:
Joseph N. Tucker, Esq.
DINSMORE & SHOHL, LLP
101 S. Fifth Street, Suite 2500
Louisville, KY 40202
Telephone: (502) 540 2360
Facsimile: (502) 585 2207
E-mail: joseph.tucker@dinsmore.com
PORT TO PORT: Faces "Zavala" Suit in Delaware Federal Court
-----------------------------------------------------------
A class action lawsuit has been filed against PORT TO PORT
INTERNATIONAL CORPORATION The case is captioned as Suendy Zavala,
individually, and on behalf of others similarly situated, the
Plaintiff, v. PORT TO PORT INTERNATIONAL CORPORATION, the
Defendant, Case No. 1:17-cv-01411-UNA (D. Del., Oct. 10, 2017).
Port to Port International is a Delaware-based award-winning
shipping company, international freight forwarder and terminal
operator.[BN]
The Plaintiff is represented by:
Ronald S. Gellert, Esq.
GELLERT SCALI BUSENKELL & BROWN, LLC
1201 N. Orange Street, Suite 300
Wilmington, DE 19801
Telephone: (302) 425 5806
Facsimile: (302) 425 5814
E-mail: rgellert@gsbblaw.com
PORTFOLIO RECOVERY: Faces "Stewart" Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Portfolio Recovery
Associates, LLC. The case is styled as James Stewart on behalf of
himself and all others similarly situated, the Plaintiff, v.
Portfolio Recovery Associates, LLC, the Defendant, Case No. 1:17-
cv-05617 (E.D.N.Y., Sep. 26, 2017).
PRA is a publicly traded debt buyer based in Norfolk,
Virginia.[BN]
The Plaintiff appears pro se.
PRET A MANGER: Faces "Young" Suit in Southern Dist. of New York
---------------------------------------------------------------
A class action lawsuit has been filed against Pret A Manger (USA)
Limited. The case is titled as Lawrence Young, Individually and on
behalf of all other persons similarly situated, the Plaintiff, v.
Pret A Manger (USA) Limited, the Defendant, Case No. 1:17-cv-07231
(S.D.N.Y., Sep. 22, 2017).
Pret A Manger (USA) Ltd. operates a restaurant. It offers various
menus and catering services. The company was founded in 1999 and
is based in New York.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
BRONSON LIPSKY LLP
630 Third Avenue, 5th Floor
New York, NY 10017
Telephone: (212) 392 4772
Facsimile: (212) 444 1030
E-mail: dlipsky@bronsonlipsky.com
RADIAC ABRASIVES: Faces "Murad" Suit in N.D. Illinois
-----------------------------------------------------
A class action lawsuit has been filed against Radiac Abrasives
Inc. The case is entitled as Pyarali S. Murad, the Plaintiff, v.
Radiac Abrasives Inc., the Defendant, Case No. 1:17-cv-06881 (N.D.
Ill., Sep. 25, 2017).
Radiac Abrasives combines both sales and engineering expertise to
determine the most cost effective and expedient solution for
grinding needs.[BN]
The Plaintiff appears pro se.
RAILWORKS TRACK: Faces "Revilla" Suit in N.D. Illinois
------------------------------------------------------
A class action lawsuit has been filed against Railworks Track
Services, Inc. The case is styled as Ricardo Revilla, individually
and on behalf of all others similarly situated, the Plaintiff, v.
Railworks Track Services, Inc., the Defendant, Case No. 1:17-cv-
07312 (N.D. Ill., Oct. 10, 2017).
RailWorks Track provides track construction, maintenance, and
repair services for the rail and rail-transit industries in the
United States.[BN]
The Plaintiff is represented by:
Jason T. Brown, Esq.
JTB LAW GROUP LLC
500 North Michigan Ave., Suite 600
Chicago, IL 60611
Telephone: (877) 561 0000
E-mail: jtb@jtblawgroup.com
RANCHO CHICO: Faces "Lopez" Suit in Southern Dist. of Florida
-------------------------------------------------------------
A class action lawsuit has been filed against RANCHO CHICO OF
JUPITER, LLC. The case is styled as Sergio Lopez, on behalf of
himself and others similarly situated, the Plaintiff, v. RANCHO
CHICO OF JUPITER, LLC, a Florida limited liability company; Ranch
Chico of Tequesta, LLC, a Florida limited liability company;
Rancho Chico Of Stuart, LLC, a Florida limited liability company;
Rancho Chico of St Cloud, LLC, a Florida limited liability
company; and Salvador Gutierrez, an individual, Case No. 9:17-cv-
81068-RLR (S.D. Fla., Sep. 25, 2017). The case is assigned to the
Hon. Judge Robin L. Rosenberg.
Rancho Chico is in the general farms and primarily animals
business.[BN]
The Plaintiff is represented by:
Dion J. Cassata, Esq.
LAW OFFICE OF DION CASSATA, P.A.
7999 N. Federal Highway, Suite 200
Boca Raton, FL 33487
Telephone: (954) 364 7803
Facsimile: (954) 251 4787
E-mail: dion@cassatalaw.com
RESTORATION HARDWARE: Faces "Young" Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Restoration
Hardware, Inc. The case is titled as Lawrence Young, Individually
and on behalf of all other persons similarly situated, the
Plaintiff, v. Restoration Hardware, Inc., the Defendant, Case No.
1:17-cv-07303 (S.D.N.Y., Sep. 25, 2017).
RH is an American home-furnishings company headquartered in Corte
Madera, California. The company sells its merchandise through its
retail stores, catalog, and online.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
BRONSON LIPSKY LLP
630 Third Avenue, 5th Floor
New York, NY 10017
Telephone: (212) 392 4772
Facsimile: (212) 444 1030
E-mail: dlipsky@bronsonlipsky.com
S L DISTRIBUTION: Macedonia Distributing Suit Moved to C.D. Cal.
----------------------------------------------------------------
The class action lawsuit titled Macedonia Distributing Inc.,
individually and on behalf of all others similarly situated, the
Plaintiff, v. S L Distribution Company, LLC, the Defendant, Case
No. 30-02017-00933142, was removed on Sep. 28, 2017 from the
Orange County Superior Court, to the U.S. District Court for the
Central District of California (Southern Division - Santa Ana).
The District Court Clerk assigned Case No. 8:17-cv-01692 to the
proceeding.
S-L Distribution produces and distributes food products. The
Company offers snack pantry includes pretzels, sandwich crackers,
potato chips, cookies, tortilla chips, restaurant-style crackers,
and nuts. S-L Distribution Company serves clients in the United
States.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Emilie Consuelo Woodhead, Esq.
WINSTON AND STRAWN LLP
333 South Grand Avenue 38th Floor
Los Angeles, CA 90071-1543
Telephone: (213) 615 1700
Facsimile: (213) 615 1750
E-mail: ewoodhead@winston.com
SAFECO INSURANCE: "Chisholm" Suit Moved to Eastern Dist. of Texas
-----------------------------------------------------------------
The class action lawsuit titled Roderick Chisholm, the Plaintiff,
v. SAFECO Insurance Company of Indiana, the Defendant, Case No.
17-06922-442, was removed on Sep. 26, 2017 from the 442nd Judicial
District, Denton County, to the U.S. District Court for the
Eastern District of Texas (Sherman). The District Court Clerk
assigned Case No. 4:17-cv-00677-ALM to the proceeding. The case is
assigned to the Hon. Judge Amos L. Mazzant, III.
Safeco Insurance provides property and casualty insurance
services.[BN]
The Plaintiff is represented by:
William Nelson Allan, IV, Esq.
ALLAN NAVA GLANDER & HOLLAND, PLLC
13409 N.W. Military Hwy, Suite 300
San Antonio, TX 78231
Telephone: (210) 305 4220
Facsimile: (210) 305 4219
E-mail: serveone@anglawfirm.com
The Defendant is represented by:
Jackson Philip Mabry, Esq.
VAUGHAN & RAMSEY LLP
530 S. Carrier Parkway, Suite 300
Grand Prairie, TX 75051
Telephone: (214) 492 5720
Facsimile: (214) 492 5721
E-mail: jackson.mabry@tb-llp.com
- and -
Colin R. Batchelor, Esq.
TILLMAN BATCHELOR LLP - IRVING
Tower 1320
1320 Greenway Drive, Suite 830
Irving, TX 75038
Telephone: (214) 492 5720
Facsimile: (214) 492 5721
E-mail: colin.batchelor@tb-llp.com
SAINT PAUL, MN: Faces "Sande" Suit in Minnesota Federal Court
-------------------------------------------------------------
A class action lawsuit has been filed against Todd Axtell. The
case is styled as Jared Sande, individually and on behalf of all
others similarly situated, the Plaintiff, v. Todd Axtell, Chief of
Police, City of Saint Paul, in his official capacity only., the
Defendant, Case No. 0:17-cv-04386 (D. Minn., Sep. 25, 2017).
Saint Paul, the state capital of Minnesota, forms the "Twin
Cities" with neighboring Minneapolis.[BN]
The Plaintiff is represented by:
A. L. Brown, Esq.
CAPITOL CITY LAW GROUP, LLC
413 Wacouta Street, Suite 140
Saint Paul, MN 55101
Telephone: (651) 705 8580
Facsimile: (651) 705 8581
E-mail: a.l.brown@cclawg.com
SKY CHEFS: Faces "Suarez" Suit in Southern District of Florida
--------------------------------------------------------------
A class action lawsuit has been filed against Sky Chefs, Inc. The
case is entitled as Marcus Eduardo Suarez, the Plaintiff, v. Sky
Chefs, Inc., doing business as: LSG Sky Chefs, Inc., the
Defendant, Case No. 1:17-cv-23564-FAM (S.D. Fla., Sep. 28, 2017).
The case is assigned to the Hon. Judge Federico A. Moreno.[BN]
The Plaintiff is represented by:
Daniel T. Feld, Esq.
DANIEL T FELD P.A.
2847 Hollywood Blvd.
Hollywood, FL 33020
Telephone: (305) 308-5619
E-mail: DanielFeld.Esq@Gmail.com
- and -
Isaac Jackie Mamane, Esq.
MAMANE LAW LLC
10800 Biscayne Blvd., Suite 350A
Miami, FL 33161
Telephone: (305) 773 6661
E-mail: Mamane@gmail.com
SONOMA COUNTY, CA: Suit Targets Staff's Enhanced Pension Benefits
-----------------------------------------------------------------
Paul Payne, writing for The Press Democrat, reports a new lawsuit
seeks to roll back generous pension benefits granted to Sonoma
County government employees more than a decade ago that are blamed
for spiraling debt and eating away at funding for basic services.
The suit filed by retired Santa Rosa attorney George Luke accuses
elected officials and other county leaders of conflict of interest
for approving increases in 2003 that benefited them directly and
of failing to disclose long-term pension costs to taxpayers, now
estimated at more than $99 million a year for the county.
It asks Sonoma County Superior Court Judge Rene Chouteau to
declare the increases "illegal" and prohibit the county from
making payments to fund them. It names as defendants the Board of
Supervisors, the county administrator, the auditor-controller-
treasurer tax collector, the human resources director and the
Sonoma County Employees' Retirement Association and its chief
administrator.
"When everyone who is supposed to represent the interest of the
taxpayer has their hand in his pocket, his only recourse is to
seek the protection of the courts whose solemn duty is to require
compliance with the law," Luke wrote in his suit filed Aug. 28.
The legal challenge -- which could affect thousands of current and
retired county employees -- comes amid continuing controversy
statewide about pension benefits granted years ago that have
threatened the financial well-being of local governments and
strained their ability to pay for things like road repair and the
hiring of more sheriff's deputies.
Earlier this year, Sonoma County annual pension costs were
projected to hit $146 million by 2023, a 700 percent increase
since 2000. County debt from past pension bonds and long-term
unfunded obligations tied to the retirement system total about
$778 million, equivalent to 49 percent of the county's annual
budget.
Although reforms have been enacted over the past five years at the
state and local level mandating lower benefits for new employees,
critics continue to sound alarms over pension costs. A similar
case pending before the California Supreme Court that arose in
nearby Marin County seeks to overturn the so-called "California
Rule" guaranteeing workers get the pension that was in place at
the time they were hired. The legal challenge was previously
struck down by two lower court judges who deemed it was filed too
late or did not include employee unions. They did not rule on the
merits.
Supervisors Shirlee Zane and David Rabbitt, who've been active on
pension reform since joining the board in 2009 and 2011,
respectively, did not respond to interview requests on September
29 and instead issued a joint, written statement.
"While we share the desire for a sustainable pension system, this
lawsuit is without merit and a waste of taxpayer dollars given
results in Marin cases, public independent analysis of law
following 2012 grand jury report, and new separate analysis of
counsel," the statement said. "Efforts to achieve policy changes
should really be directed to the state Legislature."
Luke's suit targets the way benefits were adopted. It says the
Board of Supervisors failed to comply with state law requiring it
to conduct an actuarial analysis of the costs of new pension
benefits and publish the findings two weeks before any vote. The
allegation was raised in a past county grand jury report about
procedural mistakes and was formally acknowledged by a new group
of elected supervisors in 2012.
The suit also accuses the highest paid county officials, including
the supervisors and retirement system executives, of failing to
recuse themselves from the process and not disclosing any personal
gain to the public.
County officials and union leaders at the time agreed on the
benefit increases to settle a class-action lawsuit brought by
employees in 2002 demanding retroactive pay increases to match
those in other counties.
"All of these participants in this settlement stood to make a lot
of money," the suit said. "And the taxpayers were set up to pay
the bill."
County lawyer Michael G. Colantuono, Esq. of Colantuono, Highsmith
& Whatley, PC, rejected the allegations and will seek to have the
case dismissed at an early stage.
He said a "rule of necessity" law negates any conflict of
interest, allowing public agency managers to work on employee
benefits decisions that affect them, essentially "because there's
no one else to do it."
And he said the county disclosed the costs of the benefits
increase prior to the vote. An actuarial analysis conducted by the
retirement association was part of the staff report that was
circulated in the weeks leading up to adoption, he said.
Further, Colantuono said the suit is barred by the statute of
limitations, which he said protects thousands of employees who
made career decisions based on expectations of a certain level of
salary and benefits.
Luke argues there is no defense based on timing because taxpayer
costs are calculated annually.
The county disagrees.
Colantuono said a realistic solution must be statewide because any
county that goes it alone will find it difficult to recruit and
retain qualified employees who will simply go where the benefits
are higher.
"California's pension problem is a serious issue and it needs
serious attention, but this lawsuit is a false promise of an easy
fix to a complicated problem," Colantuono said.
If Luke's suit is successful, it would be the first in the state.
The county could renegotiate contracts but it would likely face
lawsuits from employee unions.
Jack Buckhorn, executive director of the North Bay Labor Council,
said his 70,000 member affiliates including county employees would
oppose any changes.
"To go back 14 years and attempt to reopen negotiations that have
already been settled in good faith does not seem fair or just,"
Buckhorn said. "We would do everything in our power to make sure
benefits agreed to were maintained." [GN]
STANLEY & BLACK: Faces "Tyll" Suit in District of Connecticut
-------------------------------------------------------------
A class action lawsuit has been filed against Stanley Black &
Decker Life Insurance Program. The case is captioned as Lori T.
Tyll, the Plaintiff, v. Stanley Black & Decker Life Insurance
Program and Aetna Life Ins. Co., the Defendants, Case No. 3:17-cv-
01591 (D. Conn., Sep. 22, 2017).[BN]
The Plaintiff is represented by:
Sean K. Collins, Esq.
184 High Street
Boston, MA 02110
Telephone: (617) 320 8485
Facsimile: (617) 227 2843
E-mail: sean@neinsurancelaw.com
SYNGENTA CORP: Agrees to $1.4B Settlement in Corn Growers' Suit
---------------------------------------------------------------
Jim Krencik, writing for The Daily News Online, reports after
couching his presentations to the area's corn growers with
"maybes" and "ifs" about a national class-action lawsuit and a
potential 10-figure settlement with Syngenta, attorney Scott
Barrett says he can now be more direct.
Barrett and co-counsel John Jernigan said on September 29 that a
reported $1.4 billion global settlement changes their appeal, but
not the timeliness of it.
"This is no longer a matter of telling (corn producers) that they
may get money if they hire a lawyer to represent them," Barrett
said in an email. "This is now a done deal. If (corn producers)
hire a lawyer to represent them in this matter, they will get
money."
Bloomberg reported that Syngenta, an agricultural seed developer,
has agreed to pay U.S. farmers to settle a federal market taint
case and multiple state-level claims.
The lawsuits revolved around a new seed variety that had been
approved for U.S. markets, but not those in China, when it was put
into the market in 2011.
China banned all U.S. corn imports in 2013 after discovering the
unapproved Syngenta corn in their shipments. That was partly
responsible for a commodity plunge which saw the price bushel of a
corn decrease from highs of $6.50 to lows of $3.50. A bumper crop
following fallow years is credited with most of the decline, but
Syngenta is accepting responsibility for its share of the losses.
"Syngenta saw the writing on the wall," Barrett said on a
conference call with Jernigan and The Daily News. "Corn (prices)
are fluid, and the market prices are determined nationwide by
supply and demand. The mere fact that a farmer in Batavia or
Albion or Warsaw doesn't sell to China (didn't shield them from
damages)."
"The loss of the Chinese market made a major impact ... it did
affect price nationwide," Jernigan added. "It wasn't just a bumper
crop that caused the price to go down ... it hasn't recovered, the
price is still down to where it was four years ago."
TIME IS OF THE ESSENCE
Barrett, a former Albion resident who practices in Indiana, and
Jernigan, an attorney from Alabama, are part of quartet of
attorneys who have been making house calls throughout the summer
to inform farmers of their ability to participate in the class-
action case. They, and Albion attorney Conrad Cropsey and attorney
Ken Walsh of Westchester County, are maintaining their travel
schedule to warn that a deadline to participate is looming.
"We don't know what the cut-off date will be ... but we do know
there will be a deadline to file lawsuits," Barrett said.
For local growers to participate, they'd need to secure a Form 578
from their local Farm Service Agency office covering the years
2011 to 2016. They would also need to sign with an attorney who
will add them to claimants in an Illinois-based lawsuit.
Growers would have either had to have produced corn for the
market.
Sweet corn is included. In the case of field corn, it includes any
product that was not solely grown and turned into animal feed for
internal use without a third-party involved.
Jernigan said that in his dealings with GLOW area farmers this
summer, most were aware of the Syngenta case, but didn't think the
lawsuit would amount to anything.
"They took the notices, the postcards and threw them in the
garbage can," he said. "When you can sit down and explain the
magnitude of the case and the settlement, and how much they might
get, almost all of them want on board."
Joining the class action is the priority, Barrett said. A special
master, a settlement committee and Syngenta's lawyers are
scheduled to present a final settlement to a federal court in
Kansas City on Oct. 20, and the deadline within it may be in the
future. But he said it also may be Oct. 15 or earlier.
"I think we've been reasonably successful (in informing growers)
but there's an urgency with the matter now that there will likely
be a cut off date for new cases," Barrett said. "When we'd talk in
August, we were talking about that there may be a settlement, and
that we thought it will settle and if you hire a lawyer you'll get
paid. Now we know that if people sign up they will get
compensation . . . we do know that if corn producers don't act
quickly, they very well may not be able to participate in the
settlement. [GN]
TAKEDA PHARMACEUTICALS: Allied Services Suit Moved to N.D. Ill.
---------------------------------------------------------------
The class action lawsuit titled Allied Services Division Welfare
Fund, the Plaintiff, v. Takeda Pharmaceuticals International Inc.;
Takeda Pharmaceuticals U S A Inc.; Takeda Pharmaceutical Co Ltd.;
Takeda Global Research & Development Center Inc.; Takeda
California Inc.; Takeda Pharmaceuticals Co. LLC; and Eli Lilly &
Co., the Defendants, Case No. 6:16-cv-00285, was removed on Sep.
22, 2017 from the U.S. District Court for the Western District of
Louisiana, to the U.S. District Court for Northern District of
Illinois - (Chicago). The District Court Clerk assigned Case No.
1:17-cv-06862 to the proceeding. The case is assigned to the Hon.
Judge Amy J. St. Eve.
Takeda Pharmaceutical Company Ltd is the largest pharmaceutical
company in Japan and Asia and a top 15 pharmaceutical company in
the world.[BN]
The Plaintiff is represented by:
David S. Scalia, Esq.
THE DUGAN LAW FIRM, APLC
365 Canal Street, Suite 1000
One Canal Place
New Orleans, LA 70130
Telephone: (504) 648 0180
E-mail: dscalia@dugan-lawfirm.com
- and -
Douglas R Plymale, Esq.
PLYMALE LAW FIRM
201 St Charles Ave Ste 2500
New Orleans, LA 70170
Telephone: (504) 355 0092
Facsimile: (504) 662 3801
E-mail: drplymale@plymalelawfirm.com
The Defendants are represented by:
D'Lesli M Davis, Esq.
NORTON ROSE FULBRIGHT (DAL)
2200 Ross Ave Ste 3600
Dallas, TX 75201-7932
Telephone: (214) 855 8221
Facsimile: (214) 855 8200
E-mail: dlesli.davis@nortonrosefulbright.com
- and -
David R Dugas, Esq.
MCGLINCHEY STAFFORD (BR)
301 Main St Ste 1400
Baton Rouge, LA 70801
Telephone: (225) 382 3732
Facsimile: (225) 343 3076
E-mail: ddugas@mcglinchey.com
TASTE OF THAI INC.: "Osorio" Suit in Eastern District of New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Taste of Thai Inc.
The case is styled as Erick Osorio, individually and on behalf of
others similarly situated, the Plaintiff, v. Taste of Thai Inc.,
doing business as: Three E Taste of Thai; 3E Food Inc., doing
business as: Three E Taste of Thai; Benjamas Suratsombat;
Pornthiwa Suratsombat; Paula Suratsombat; Sira Ajalanon; and
Mooham Ajalanon, the Defendants, Case No. 1:17-cv-05664 (E.D.N.Y.,
Sep. 28, 2017).[BN]
The Plaintiff appears pro se.
TECH DATA: Faces "Bhatt" Suit in Middle District of Florida
-----------------------------------------------------------
A class action lawsuit has been filed against Tech Data. The case
is styled as Nealan Bhatt, Individually and on Behalf of All
Others Similarly Situated, the Plaintiff, v. Tech Data,
Corporation, Robert M. Dutkowsky, and Charles V. Dannewitz, the
Defendants, Case No. 8:17-cv-02185-CEH-AEP (M.D. Fla., Sep. 21,
2017). The case is assigned to the Hon. Judge Charlene Edwards
Honeywell.
Tech Data Corporation is an American multinational distribution
company specializing in IT products and services headquartered in
Clearwater, Florida.[BN]
The Plaintiff is represented by:
Cullin Avram O'Brien, Esq.
CULLIN O'BRIEN LAW, P.A.
6541 NE 21st Way
Ft. Lauderdale, FL 33308
Telephone: (561) 676 6370
E-mail: cullin@cullinobrienlaw.com
- and -
Eduard Korsinsky, Esq.
LEVI & KORSINSKY, LLP
30 Broad St 24th Flr
New York, NY 10004
Telephone: (212) 363 7500
Facsimile: (212) 363 7171
TRIDENT SOCIETY: "Quismundo" Suit Moved to S.D. California
----------------------------------------------------------
The class action lawsuit titled Jandy Quismundo, an individual, on
behalf of herself and all other similarly situated individuals,
the Plaintiff, v. Trident Society, Inc., doing business as:
Trident Society, a California Corporation; Neptune Society of
America, Inc., doing business as: Neptune Society, a Corporation;
Neptune Management Corp., doing business as: Neptune Management, a
California Corporation; SCI Direct, Inc., a Corporation; Does 1
through 20, inclusive, Case No. 37-02017-00031825-CU-OE-CTL, was
removed on Sep. 22, 2017 from the Superior Court CA, County of San
Diego, Central Br, to the U.S. District Court for the Southern
District of California (San Diego). The District Court Clerk
assigned Case No. 3:17-cv-01930-CAB-WVG to the proceeding. The
case is assigned to the Hon. Judge Cathy Ann Bencivengo.
Trident Society offers immediate need cremation services at its
California locations.[BN]
The Plaintiff is represented by:
Thomas Diachenko, Esq.
LAW OFFICES OF THOMAS M DIACHENKO
1916 Third Avenue
San Diego, CA 92101
Telephone: (619) 699 5870
Facsimile: (619) 699 5871
E-mail: thom@diachenkolaw.com
The Defendants are represented by:
Carrie M. Francis, Esq.
STINSON LEONARD STREET LLP
1850 N. Central Ave., Suite 2100
Phoenix, AZ 85004
Telephone: (602) 212 8535
Facsimile: (602) 586 5214
E-mail: carrie.francis@stinson.com
TUCKER MARKETING: Faces "Lewis" Suit in N.D. Illinois
-----------------------------------------------------
A class action lawsuit has been filed against Tucker Marketing
Group, Inc. The case is titled as Yuronda Lewis, on behalf of
herself and all others similarly situated, the Plaintiff, v.
Tucker Marketing Group, Inc., doing business as: Senior Helpers
Care Team, Inc., the Defendant, Case No. 1:17-cv-06846 (N.D. Ill.,
Sep. 22, 2017). The case is assigned to the Hon. Judge Jorge L.
Alonso.
Tucker Marketing is in the oxygen tent service business.[BN]
The Plaintiff is represented by:
Maureen Ann Salas, Esq.
Douglas M. Werman, Esq.
Sarah Jean Arendt, Esq.
Steven Paul Schneck, Esq.
WERMAN SALAS P.C.
77 W. Washington, Suite 1402
Chicago, IL 60602
Telephone: (312) 419 1008
E-mail: msalas@flsalaw.com
dwerman@flsalaw.com
sarendt@flsalaw.com
spschneckjazzlaw@yahoo.com
TURNING POINT: Faces "Blankenship" Suit in Calif. State Court
-------------------------------------------------------------
A class action lawsuit has been filed against Turning Point
Community Programs. The case is captioned as Blankenship,
Michelle, on behalf of herself, all others similarly situated, the
Plaintiff, v. Does 1-100 and Turning Point Community Programs, a
Calif corp., the Defendants, Case No. 34-2017-00219593-CU-OE-GDS
(Cal. Super. Ct., Sep. 25, 2017).
Turning Point offers support services for substance recovery &
mental health wellness in Northern CA.[BN]
The Plaintiff is represented by:
Shaun Setareh
Setareh Law Group, Esq.
9454 Wilshire Blvd Ste 907
Beverly Hills, CA 90212
Telephone: (310) 888 7771
Facsimile: (310) 888 0109
E-mail: shaun@setarehlaw.com
UNITED COLLECTION: Faces "Reyder" Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against United Collection
Bureau, Inc. The case is titled as Aleksey Reyder, on behalf of
himself and all others similarly situated, the Plaintiff, v.
United Collection Bureau, Inc., the Defendant, Case No. 1:17-cv-
05696 (E.D.N.Y., Sep. 28, 2017).[BN]
The Plaintiff is represented by:
Daniel C Cohen, Esq.
DANIEL COHEN, PLLC
407 Rockaway Avenue
Brooklyn, NY 11212
Telephone: (646) 645-8482
Facsimile: (347) 665 1545
E-mail: dancohenlaw@gmail.com
UNITED HEALTHCARE: Families Sue Over Addiction & Health Coverage
----------------------------------------------------------------
Liz Collin, writing for CBS Local, reports that with the most
prolific heroin dealer in Hennepin County history sentenced to
prison, a Twin Cities family is now taking on a Minnesota-based
health insurance company.
Max Tillitt died two years ago from an overdose. His family tried
desperately for years to get him help for his addiction. The
Tillitts are one of more than 50,000 families taking United
Healthcare to court, saying the company wrongfully denied coverage
for years.
The lawsuit was first filed in 2014 and will finally go to trial
next month. It claims that again and again United Healthcare
denied mental health and substance abuse treatment coverage,
violating their customers' insurance plans on a routine basis and
making already heartbreaking circumstances that much more
complicated.
"He suffered with the heroin for about three years," Dee Dee
Tillitt, Max's mother, said.
A football injury sent Max Tillitt looking for pain relief in high
school when he found heroin.
"There were so many days I wished he had cancer," Dee Dee said.
"Who would wish cancer on their kid? I would, because the disease
is so horrible. So horrible."
Navigating a treatment plan only made things worse, with mounting
bills over medications, psychiatrists and psychologists. In
theory, health insurance companies should make that easier, but
thousands of families across the country say that's not the case.
They're suing Minnetonka-based United Healthcare, which
adjudicates mental health and substance abuse claims for more than
one in five Americans, claiming it's violating legal duties it
owes to health insurance plan participants. The families say the
company came up with guidelines that downplay chronic and complex
mental health and substance abuse issues.
While attorneys didn't want Dee Dee Tillitt to share specifics
about the issues with their coverage, the family did spend more
than $150,000 out-of-pocket trying to find Max help -- and his
mother works in the healthcare field. She says even that wasn't
enough to save her son.
"My goal is -- how can I make this so other parents don't have to
go through this nightmare that I live, and continue to live?" she
said.
United Healthcare released a statement on the lawsuit that said,
in part: "We are committed to helping people receive the evidence-
based mental health and substance use treatments they need."
The class action lawsuit is set to go to trial on Oct. 16 in San
Francisco. [GN]
UNITED STATES: Michigan Case Offers Hope for Indonesians
--------------------------------------------------------
Judie Curie, writing for Fosters, reports that attorneys who
argued successfully in federal court on September 26 to stop the
deportation of local Indonesians cited a Michigan case involving
Iraqi Christians that allowed them the opportunity to try to stay
in the United States.
Attorneys from Nixon Peabody LLP, with offices in Boston and
Manchester, went before Chief Judge Patti Saris at the U.S.
District Court to try to have the cases of 69 Indonesians
considered a class-action. They also asked for a temporary
restraining order and a preliminary injunction to hold off the
deportations. Saris said she was not prepared to rule on the class
action status, but ordered a stay of removal.
Attorney Ronaldo Rauseo-Ricupero cited the July 24 ruling by U.S.
District Judge Mark Goldsmith, of the Eastern District of
Michigan, granting an injunction to block the deportation of Iraqi
Christians.
Goldsmith's ruling stated that the government's opposition to the
stay ignores, "the compelling confluence of extraordinary
circumstances . . . without warning 1,400 Iraqi nationals
discovered that their removal orders -- many of which had lain
dormant for several years -- were now to be immediately enforced."
It was much the same for local Indonesians who also had been here
for many years after fleeing religious persecution. They were
denied asylum in the United States, but then were allowed to stay.
Attorneys Kimberly Scott and Wendy Richards are with Miller
Canfield in Detroit, the firm that successfully argued the
Michigan case to stop the deportations.
According to Scott, their case was really about whether the
immigrants are getting due process under the Constitution and
whether the government is violating constitutional rights in the
way they are enforcing the removal orders.
Scott said it somewhat parallels the situation of the Indonesians
in that the Iraqi nationals had orders of removal by the
immigration court, issued at a time when Iraq wasn't accepting
repatriation, so the government placed them under orders of
supervision and they were allowed to stay. The faced similar
guidelines, having to check in regularly but were allowed to work.
"Many of these Iraqi nationals have been in the United States for
10 to 20 years," Scott said. "They have gone along with their
lives, gotten married and obtained jobs. Then earlier this year,
without any notice, the government detained them with the plan to
remove them back to Iraq."
Scott said when the original orders of removal were issued, what
was happening in Iraq was very different from what is happening
today. [GN]
UNIVERSITY OF FLORIDA: Faces Legal Scrutiny in Concussions Suit
---------------------------------------------------------------
Steve Berkowitz, writing for USA TODAY Sports, reports the
University of Florida and Purdue are among four schools whose
football programs could face significant legal scrutiny concerning
their handling of head injuries, according to a document filed
with a federal court in Chicago on September 29.
Lawsuits naming the schools' respective conferences and the NCAA
as defendants have been offered as the sample cases for a group of
nearly 100 actions seeking monetary damages on behalf of former
players who claim they suffered, or are suffering, from the
effects of concussions. Weber State and Pittsburg State, a
Division II school in Kansas, are the other universities that may
have to go through detailed pre-trial evidence gathering.
The cases stem from a national class-action concussions suit
against the NCAA now set to be largely covered by a $75 million
settlement that would fund a medical monitoring program for
college athletes, as well as research.
However, when U.S. District Judge John Z. Lee gave preliminary
approval to the settlement, he allowed plaintiffs to pursue
personal-injury claims on a class-action basis as long as those
suits didn't seek a nationwide class or a class consisting of
athletes from more than one NCAA school.
That so far has led to the filing of 96 lawsuits involving schools
and conferences from coast to coast in all three of the NCAA's
membership divisions. Nearly all of the cases name the NCAA and a
conference as a defendant. When plaintiffs played at a private
school or certain public schools in Pennsylvania, the school also
was named. When the plaintiffs played at a public school, the
school was not named as a defendant because of the potential
difficulties related to suing state institutions -- but putative
classes were based players at the specific school.
For pretrial purposes, all of these cases were assigned to Lee,
who also is handling separate and longer-standing individual
damages claims that have been made against the NCAA by former
Central Arkansas football player Derek Owens and former Maine
hockey player Kyle Solomon.
The prospect of the other 96 cases going forward separately could
cause legal chaos. To avoid that while maintaining his intent to
not have a nationwide damages class, Lee ordered attorneys
representing both plaintiffs and defendants to select sample cases
from the 96. Two chosen by each side would be allowed to proceed
while the others were placed on hold.
The idea is to use the sample cases to test the viability of the
remaining cases. The depth of pretrial evidence gathering that
could occur will depend on a variety legal maneuvering by the NCAA
and the conferences, as well as rulings by Lee. A status hearing
before Lee is scheduled for Oct. 19, court documents say.
Lawyers for the NCAA and the conferences chose suits filed on
behalf of:
Florida wide receiver Jamie Richardson, who played from 1994 to
1996. The case names the Southeastern Conference as the other
defendant, and seeks to represent Florida players from 1952
through 2010.
Purdue linebacker Mike Rose and tight end Tim Stratton. Rose
played from 1996 through 1999; Stratton played from 1998 through
2001, was twice named first-team all-Big Ten Conference and won
the 2000 John Mackey Award as the nation's top tight end. The case
names the Big Ten as the other defendant and seeks to represent
Purdue players from 1952 through 2010.
Lawyers for the plaintiffs chose suits filed on behalf of:
* The estate and family of Zack Langston, who played linebacker
at Pittsburg State, a Division II school in Kansas, from 2007 to
2010. Langston committed suicide in 2014, shooting himself in the
chest, according to court filings. The filings also say his brain
was sent to researchers at Boston University who found he was
suffering from CTE. The case names the Mid-America Intercollegiate
Athletics Association as the other defendant and seeks to
represent former Pittsburg State players, as well as a class of
legal dependents of those players.
* Weber State defensive lineman Eric Weston, who played in 1996
and '97. The case names the Big Sky Conference as the other
defendant and seeks to represent Weber State players between 1952
and 2010. According the document filed on September 29, Weston has
been diagnosed with "major depressive disorder and a major
neurocognitive disorder, frontal lobe impairment."
While the plaintiffs said in September 29 night's filing that the
four cases selected were representative of the 96 cases as a whole
"and not, for example, the best possible case for either side,"
the defendants said that they believe Weston and Langston
"allegedly suffered some of the most severe injuries of any of the
named plaintiffs in any of" the 96 cases.
Although Lee's order in the nationwide case set the stage for the
96 lawsuits to be filed, the order also indicated it will not be
easy for the plaintiffs to have their cases certified as class
actions. Absent that designation, the cases would apply only to
their named plaintiffs.
The record in the nationwide case "does not provide sufficient
facts from which the Court can conclude that a class that is much
more narrowly defined in terms of size, type of sport, and/or time
period could never be certified against a particular school," Lee
wrote. "Nor can the Court conclude from the present record that a
very narrowly defined, single-school personal injury class could
never be certified against the NCAA. This is not to say that such
efforts to certify personal injury claims against even individual
schools and the NCAA would not face significant, perhaps
insurmountable, hurdles." [GN]
UNIVERSITY OF NORTH CAROLINA: Parties Square Off Again Over Suit
----------------------------------------------------------------
Tom Foreman Jr. , writing for Philadelphia Tribute, reports that
attorneys for The University of North Carolina at Chapel Hill and
athletes who played for the school argued in a state court on
September 29 whether a lawsuit filed against the school in
connection with an academic scandal should be dismissed.
In April, a judge granted the school's motion to remove the case
from federal court, sending it back to a state court. The latest
arguments were heard in a Rockingham County courtroom.
Initially, former football player Michael McAdoo filed a class-
action lawsuit amid the scandal tied to irregular courses in
African-American studies, a department popular with athletes.
Former football player Devon Ramsay and ex-women's basketball
player Rashanda McCants filed a separate lawsuit, which was the
basis of the arguments presented to Forsyth County Superior Court
Judge Eric Morgan in the courtroom in Wentworth.
Lisa Gilford, an attorney from a New York-based law firm
representing UNC, said what the plaintiffs are alleging is
"educational malpractice," noting that a previous decision said
"they had to go further than 'my education wasn't good enough.'"
She said the case wasn't about academic irregularities, but more
about the plaintiffs' claims.
Gilford also reiterated the argument that the lawsuit should be
dismissed because a three-year statute of limitations had passed.
Robert F. Orr, Esq. -- richard.orr@uconn.edu -- the attorney
representing Ramsay and McCants, said the idea of a breach of
contract is at the heart of his clients' claim.
"We're not talking about these classes were easy classes," Orr
said. "These were illegitimate classes . . . We seek to hold the
university accountable."
McCants and Ramsay combined to take three problem AFAM courses
while majoring in other departments, according to their lawsuit.
In previous arguments, attorneys for McAdoo and McBee said their
clients had taken one or two of the irregular courses during each
semester in school. McBee graduated with a double major, one
coming in the AFAM department, while McAdoo withdrew from school
to pursue a professional playing career after being ruled
permanently ineligible for academic violations in 2010.
Morgan didn't indicate when he would issue a decision. Attorneys
for both sides said they didn't expect a ruling on September 29.
[GN]
WALMART STORES: Judge Saves Investors' Derivative Claim
-------------------------------------------------------
Jack Newsham, writing for Law360, reports an Arkansas federal
judge on September 29 rejected a request by retail giant Wal-Mart
Stores Inc. to throw out a damages calculation method in a class
action that the store said would violate the Private Securities
Litigation Reform Act, saying the law didn't rule out the
prospect.
In an unusual motion to dismiss earlier this year, Walmart accused
the plaintiffs of trying to shoehorn a "classic disguised
derivative claim" into their class action over reports of rampant
bribery at its Mexican affiliate. The lead plaintiff, the
municipal retirement fund City of Pontiac General Employees'
Retirement System, or PGERS, insisted that its references to
Walmart's outlays and reputational expenses related to the scandal
would only be relevant in the damages stage of the case, however.
Walmart argued that the plaintiffs lacked standing to seek those
kinds of damages, however, saying references to a "build-up
method" of calculating damages was an obvious effort to avoid the
mathematical cap on shareholder losses included in the Private
Securities Litigation Reform Act. U.S. District Judge Susan Hickey
rejected that argument, however, saying a "plain reading" of the
law makes clear that calculating damages based on market price
fluctuations is optional.
"In what appears to be an effort to avoid th[e] cap on damages,
PGERS presents an alternative method for calculating damages --
the build-up method -- which does not reference market price," the
judge wrote. "Nothing in the provision cited above, however,
limits PGERS to measuring damages by reference to market price."
The judge said it was still too early to decide on which damages
method to use, however. With discovery ongoing, several motions
still pending and no trial date scheduled, the court said that
expert analysis and testimony would likely play a role in the
ultimate damages calculation.
The certified class of investors, led by PGERS, seeks damages from
Walmart related to a drop in its stock price that followed a 2012
New York Times report that the company had turned a blind eye to
extensive bribery at Walmart de Mexico. The report triggered fears
that the retail giant might be fined under the Foreign Corrupt
Practices Act.
Walmart has said it believes the plaintiffs' bid to keep the
build-up method on the table is a way to get around the Private
Securities Litigation Reform Act's calculation method, which
reduces the liability for companies whose stocks bounce back
within a few months of a drop. The retailer noted that not only
did its stock price recover in the 90 days that followed the Times
report, but it actually rose $10 higher than its pre-drop level.
Judge Hickey's decision leaves the door open for the plaintiffs to
use another method, however.
Class counsel Jason Forge called the decision "a great way to kick
off the weekend," but said there was still a lot of work to do.
"We continue to believe that the damages claimed by the plaintiffs
are not supported by the law or the facts," said Randy Hargrove, a
Walmart spokesman. "Beyond that, we are weighing our options."
PGERS is represented by Jason Forge, Esq. -- jforge@rgrdlaw.com --
Scott H. Saham, Esq. -- ssaham@rgrdlaw.com -- Debra Wyman, Esq. --
dwyman@rgrdlaw.com -- Laura Andracchio, Esq. --
landracchio@rgrdlaw.com -- Austin Brane, Esq. --abrane@rgrdlaw.com
-- and Michael Albert, Esq. -- malbert@rgrdlaw.com -- of Robbins
Geller Rudman & Dowd LLP, Geoffrey Culbertson, Esq. --
gpc@texarkanalaw.com -- of Patton Tidwell & Culbertson LLP and
Douglas Johnston Jr., Esq. -- djohnston@barrettjohnston.com -- and
Timothy Miles, Esq. -- tmiles@barrettjohnston.com -- of Barrett
Johnston Martin & Garrison LLC.
Walmart is represented by Peter A. Wald, Esq. --
peter.wald@tomkowiak.com -- Sean M. Berkowitz, Esq. --
sean.berkowitz@tomkowiak.com -- Colleen S. Smith, Esq. --
colleen.smith@tomkowiak.com -- and Sarah A. Greenfield, Esq. --
sarah.tomkowiak@lw.com -- of Latham & Watkins LLP, Jess Askew,
Esq. -- jess,askew@kutakrock.com -- and Teresa Wineland, Esq. --
Teresa.wineland@kutakrock.com --of Kutak Rock LLP and Brian H.
Ratcliff of PPGMR Law PLLC.
The case is City of Pontiac General Employees' Retirement System
v. Walmart Stores Inc. et al., case number 5:12-cv-05162, in the
U.S. District Court for the Western District of Arkansas. [GN]
WASTE PRO: Faces "Thomas" Suit in Middle District of Florida
------------------------------------------------------------
A class action lawsuit has been filed against Waste Pro USA, Inc.
The case is captioned as Alfred W. Thomas, Edward Allen, and Dodd
Blandon, individually and on behalf of all others similarly
situated, the Plaintiffs, v. Waste Pro USA, Inc., Waste Pro of
Florida, Inc. and Delta Sanitation of Mississippi, the Defendants,
Case No. 8:17-cv-02254-CEH-TBM (M.D. Fla., Sep. 28, 2017). The
case is assigned to the Hon. Judge Charlene Edwards Honeywell.
Waste Pro provides solid waste collection, recycling, processing,
and disposal services to residential and commercial customers in
Florida, Georgia, North Carolina, South Carolina, Alabama,
Tennessee, Mississippi, and Louisiana.[BN]
The Plaintiff is represented by:
Alan L. Quiles, Esq.
Gregg I. Shavitz, Esq.
Michael J. Palitz, Esq.
SHAVITZ LAW GROUP, PA
1515 S Federal Hwy, Suite 404
Boca Raton, FL 33432
Telephone: (561) 447 8888
Facsimile: (561) 447 8888
E-mail: aquiles@shavitzlaw.com
gshavitz@shavitzlaw.com
mpalitz@shavitzlaw.com
- and -
D. Aaron Rihn, Esq.
ROBERT PEIRCE & ASSOCIATES, P.C.
2500 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219-1918
Telephone: (412) 281 7229
- and -
Jason S. Rathod, Esq.
MIGLIACCIO & RATHOD LLP
412 H St., NE, Suite 302
Washington, DC 20002
Telephone: (202) 470 3520
- and -
Nicholas A. Migliaccio, Esq.
Whitfield, Bryson & Mason, LLP
1625 Massachusetts Ave NW, Suite 605
Washington, DC 20036
Telephone: (202) 429 2290
Facsimile: (202) 429-2294
E-mail: nmigliaccio@wbmllp.com
- and -
Richard E. Hayber, Esq.
Hayber Law Firm, LLC
221 Main Street, Suite 502
Hartford, CT 06106
Telephone: (860) 522-8888
WELLS FARGO: Faces "Headline" Suit in Central Dist. of California
-----------------------------------------------------------------
A class action lawsuit has been filed against Wells Fargo and
Company. The case is captioned as Mitchell Headline, on behalf of
himself and all others similarly situated, the Plaintiff, v. Wells
Fargo and Company; Wells Fargo Bank, N.A., doing business as:
Wells Fargo Dealer Services; National General Holdings Corp.; and
National General Insurance Company, the Defendants, Case No. 2:17-
cv-07019-R-SK (C.D. Cal., Sep. 22, 2017). The case is assigned to
the Hon. Judge Manuel L. Real.
Wells Fargo & Company is an American international banking and
financial services holding company headquartered in San Francisco,
California, with "hubquarters" throughout the country.[BN]
The Plaintiff is represented by:
Jack Atnip, III, Esq.
HELLMUTH AND JOHNSON PLLC
8050 West 78th Street
Edina, MN 55439
Telephone: (952) 746 2183
Facsimile: (952) 941 2337
E-mail: jatnip@hjlawfirm.com
WINCO FOODS: "Perez" Suit Moved to Eastern District of California
-----------------------------------------------------------------
The class action lawsuit titled Isidro Perez, individually and on
behalf of all others similarly situated, the Plaintiff, v. Winco
Foods, LLC, a Delaware limited liability company, the Defendant,
v. Winco Holdings, Inc., an Idaho corporation, the Defendants,
Case No. 9000531, was removed on Sep. 25 2017, and transferred
from the Stanislaus County Superior Court, to the U.S. District
Court for the Eastern District of California (Fresno). The
District Court Clerk assigned Case No. 1:17-cv-01279-DAD-SKO to
the proceeding. The case is assigned to the Hon. District Judge
Dale A. Drozd.
WinCo Foods is a privately held, majority employee-owned American
supermarket chain based in Boise, Idaho with retail stores in
Arizona, California, Idaho, Nevada, Oklahoma, Oregon, Texas, Utah,
and Washington.[BN]
The Plaintiff is represented by:
Ari E. Moss, Esq.
LAW OFFICES OF ARI MOSS
15300 Ventura Boulevard, Suite 207
Sherman Oaks, CA 91403
Telephone: (310) 982 2984
Facsimile: (310) 861 0389
E-mail: ari@arimoss.com
- and -
Jeremy F Bollinger, Esq.
AKIN GUMP STRAUSS HAUER AND FELD LLP
2029 Century Park East, Suite 2400
Los Angeles, CA 90067
Telephone: (310) 982 2984
Facsimile: (310) 861 0389
E-mail: jeremy@mossbollinger.com
The Defendants are represented by:
Julie Grace Yap, Esq.
SEYFARTH SHAW LLP
400 Capitol Mall, Suite 2350
Sacramento, CA 95814
Telephone: (916) 448 0159
Facsimile: (916) 558 4839
E-mail: jyap@seyfarth.com
- and -
Kristina Marie Launey, Esq.
Michael Warner Kopp, Esq.
Duwayne Andre Carr, Esq.
SEYFARTH SHAW LLP
400 Capitol Mall, Suite 2350
Sacramento, CA 95814
Telephone: (916) 448 0159
Facsimile: (916) 558 4839
E-mail: klauney@seyfarth.com
mkopp@seyfarth.com
dacarr@seyfarth.com
WOOD GROUP: Faces "Navarro" Suit in Southern District of Texas
--------------------------------------------------------------
A class action lawsuit has been filed against Wood Group Mustang
Holdings, Inc. The case is captioned as James Navarro, the
Plaintiff, v. Wood Group Mustang Holdings, Inc., the Defendant,
Case No. 4:17-cv-02853 (S.D. Tex., Sep. 22, 2017).
Wood Group provides a range of engineering, production support,
maintenance management and industrial gas turbine overhaul and
repair services.[BN]
The Plaintiff is represented by:
Michael A Josephson, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352 1100
Facsimile: (713) 352 3300
E-mail: mjosephson@mybackwages.com
YMCA HOUSTON: Faces "Singleton" Suit in Texas Federal Court
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A class action lawsuit has been filed against Young Men's
Christian Association of the Greater Houston Area. The case is
captioned as Rebecca Singleton, the Plaintiff, v. Young Men's
Christian Association of the Greater Houston Area, the Defendant,
Case No. 4:17-cv-02903 (S.D. Tex., Sep. 28, 2017).
The YMCA of Greater Houston offers after school programs and takes
pride in building strong kids, strong families and strong
communities.[BN]
The Plaintiff is represented by:
Joseph Michael Schreiber, Esq.
SCHREIBER KNOCKAERT PLLC
701 North Post Oak, Ste 325
Houston, TX 77024
Telephone: (281) 949 8904
Facsimile: (281) 949 8914
E-mail: joe@lawdoneright.net
* Equifax Data Breach Adds Fuel to Fight Over Binding Arbitration
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Jim Henry , writing for Forbes, reports both sides are digging in,
as an effort to repeal a rule published by the Consumer Financial
Protection Bureau heads for the U.S. Senate.
The CFPB rule, which was published in July, severely limits
lenders' ability to compel consumers to submit disputes to binding
arbitration instead of taking disputes to court, and makes it
easier for consumers to file class-action lawsuits.
Binding arbitration is a common provision in auto loans.
Supporters of the CFPB say binding arbitration denies consumers
their "day in court." The recent Equifax data breach added fuel to
the fire, since consumer advocate groups such as Americans for
Financial Reform say that binding arbitration would prevent
consumers from filing a class action suit in the matter.
Shutterstock
Meanwhile, on Sept. 29 a group of pro-business lobbying
organizations filed a complaint in U.S. District Court seeking an
injunction to prevent the consumer bureau from enforcing the rule.
"If left unchecked, the CFPB's rule will harm consumers and
businesses alike while providing a financial windfall to the class
action plaintiffs' bar," the business groups said in a letter last
week, announcing the lawsuit, which was filed in U.S. District
Court in Dallas.
The group consists of the U.S. Chamber of Commerce, the American
Bankers Association, the American Financial Services Association,
the Consumer Bankers Association, the Financial Services
Roundtable, and a coalition of trade associations located
throughout Texas.
Opponents of the CFPB, including the Republican majority of the
U.S. House of Representatives Financial Services Committee,
sarcastically call the anti-arbitration rule The Trial Lawyers'
Relief Act, since in their view plaintiffs' attorneys, not
consumers, are the biggest financial beneficiaries of the new
rule. [GN]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Copyright 2017. All rights reserved. ISSN 1525-2272.
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