CAR_Public/171206.mbx              C L A S S   A C T I O N   R E P O R T E R

            Wednesday, December 6, 2017, Vol. 19, No. 241


321 WEST KATELLA: Faces Retina Associates Suit in C.D. Cal.
ALCON LAB: Faces America's Health Suit in District of Colorado
BEHR PROCESS: Falsely Marketed DeckOver Products, Suit Claims
C & J CLARK: Faces "Jorge" Suit in Southern District New York
C-TECH COLLECTIONS: Faces "Kim" Suit in Eastern District of NY

CALZEDONIA USA: Faces "Jorge" Suit in Southern District New York
CAPITAL MANAGEMENT: Faces "Hollender" Suit in E.D. New York
CENTRAL BOTTLING: Faces Antitrust Class Action in Israel
CHEMOURS CO: Faces Sanctions in North Carolina Amid Class Action
CIGNA HEALTH: Faces Class Action Over Disability Benefits

CLIENT SERVICES: Faces "Buxbaum" Suit in E.D. New York
DEERFIELD BEACH, FL: Parents Sue School for Child Molestation
ETRO USA: Faces "Jorge" Suit in Southern District of New York
EQUIFAX INC: Faces First Castle Suit in N.D. Georgia
EQUIFAX INC: Faces "Krachanus" Class Action in N. Dist. Ga.

FINANCIAL CORPORATION: Walker Files Suit in N. Dist. Ga.
FIREMAN GROUP: Andrews Files Suit in E. Dist. New York
FIRSTSOURCE ADVANTAGE: Faces "Leitner" Suit in E.D. New York
FRED PERRY USA: Faces "Jorge" Suit in S.D. New York
FXCM INC: Several Individual Defendants in Investor Suit Resign

FORT MYERS, FL: Class Action Mulled Over Toxic Sludge Site
GEO GROUP: Judge Considers Advancing Prison Wage Case
GIGAMON INC: Being Sold for Too Little, "Kalt" Class Suit Alleges
GOOGLE INC: Attorneys Recruit Pixel 2 Owners to Join Class Action
HAINES TRANSPORTATION: Faces "Maisonet" Suit in Cal. Super. Ct.

HULU LLC: Sued in Mass. Over Failure to Provide Audio Description
ITX USA: Faces "Jorge" Suit in Southern District New York
JOE'S JEANS: Faces "Jorge" Suit in Southern District New York
JOHN MCSHANE: Sued in N.J. Over Illegal Telemarketing Practices
L3 TECHNOLOGIES: Faces "Estes" Suit in S.D. of California

LULAROE CO: Winkelman Expected to be Named Class Representative
LUSH COSMETICS: Faces "Jorge" Suit in Southern District New York
LYFT INC: Camilo Files Suit Over Unsolicited Text Messages
LYFT INC: Litigation Team Adopts Nimble Approaches to Arbitration
MACQUARIE GROUP: Macpherson Kelley Class Action Yet to Commence

MAINE FISH: "Bagley" Suit Seeks to Recover Unpaid Workers Wages
NEVADA PROPERTY: Faces "Bowes" Class Suit Over Internet Fees
NEW YORK: Jail Abuses Resulted to $7MM Payouts Since 2015
NORTHLAND GROUP: Faces "Ewert" Suit in Western District of Wis.
PACIFIC WESTERN: Faces Class Action Over Unpaid Overtime Wages

PAPER SOURCE: Faces "Kiler" Suit in Eastern District New York
PHILIPPINES: Class Action Mulled Over Marawi City Destruction
POWERS FRIEDMAN: Faces "White" Suit in Northern District of Ohio
REBECCA TAYLOR: Faces "Crosson" Suit in E.D. New York
SECURITY CREDIT: Faces "Rahman" Suit in Eastern District New York

SHINOLA/DETROIT: Faces "Martinez" Suit in E.D. New York
SONIC NOTIFY: Judge Dismisses Fan App Class Action
SONY COMPUTER: Judge Gives Early OK to Reworked PS3 Deal
STUART WEITZMAN: Faces "Jorge" Suit in Southern District New York
TOYOTA MOTORS: Faces Class Action Over Defective Takata Airbags

UNITED COLLECTION: Faces "Kapchits" Suit in E.D. New York
UNITED STATES: Cambodian Former Refugees' Class Action Pending
UNITED STATES: Medicare Advocacy Groups Push for Class Action
WESTERN WINDOW: "Portelli" Class Suit Filed in California
YELP INC: 9th Cir. Affirms Shareholder Class Action Dismissal

ZARA USA: Faces "Jorge" Suit in Southern District New York

* Activists to Implement The Bail Project Following Suits
* ISA May Help Pay for Binary Options Victim's Class Action
* Sen. Susan Collins Votes to Repeal CFPB's Arbitration Rule
* Two Alaska Senators Vote to Repeal CFPB's Arbitration Rule


321 WEST KATELLA: Faces Retina Associates Suit in C.D. Cal.
A class action lawsuit has been filed against 321 West Katella,
LLC. The case is styled as Retina Associates Medical Group, Inc.,
individually and on behalf of all others similarly situated,
Plaintiff v. 321 West Katella, LLC doing business as: McFadden's
Restaurant and Saloon doing business as: McFadden's Anaheim,
Defendant, Case No. 8:17-cv-02036 (C.D. Cal., November 21, 2017).

321 West Katella, LLC doing business as: McFadden's Restaurant and
Saloon doing business as: McFadden's Anaheim is a large saloon
featuring a pub menu, a seasonal patio with a full bar, DJs & a
dress code at night.[BN]

The Plaintiff appears PRO SE.[BN]

ALCON LAB: Faces America's Health Suit in District of Colorado
A class action lawsuit has been filed against Alcon Laboratories,
Inc. The case is styled as America's Health & Resource Center,
Ltd. and Affiliated Health Group, Ltd. an Illinois corporation,
individually and as the representatives of a class of similarly
situated persons, Plaintiffs v. Alcon Laboratories, Inc., Novartis
Pharmaceuticals Corporation and John Does 1-12, Defendants, Case
No. 1:17-mc-00193-WYD (D. Colo., November 22, 2017).

The Defendants are United States companies that are engaged in the
business of making eye care products.

The Plaintiffs are represented by:

  Daniel Jay Cohen, Esq.
  Bock Hatch Lewis & Oppenheim, LLC
  134 North La Salle Street, Suite 1000
  Chicago, IL 60602
  Tel: (312) 658-5500
  Fax: (312) 658-5555

BEHR PROCESS: Falsely Marketed DeckOver Products, Suit Claims
Linne Rose, individually and on behalf of all others similarly
situated v. BEHR Process Corp., BEHR Paint Corp., MASCO Corp., The
Home Depot, Inc., and Home Depot U.S.A., Inc., Case No. 2:17-cv-
01754 (W.D. Wash., November 20, 2017), seeks to stop Behr and Home
Depot's false, deceptive, and misleading marketing practices,
specifically by failing to disclose that DeckOver is not a durable
resurfacer capable of providing long-lasting protection for wood
and concrete surfaces and is instead susceptible to peeling,
chipping, bubbling, and degrading within months of application;
DeckOver's propensity to peel, chip, bubble, and generally degrade
within months of application, rather than provide long-lasting
protection for wood and concrete surfaces, would be important to a
reasonable consumer; and DeckOver's propensity for peeling,
chipping, bubbling, and degrading within months of application.

The Defendants are suppliers of architectural paint and exterior
wood care products to the United States. [BN]

The Plaintiff is represented by:

      Beth E. Terrell, Esq.
      Eric R. Nusser, Esq.
      936 North 34th Street, Suite 300
      Seattle, WA 98103-8869
      Telephone: (206) 816-6603
      Facsimile: (206) 319-5450

         - and -

      Daniel K. Byrson, Esq.
      Scott C. Harris, Esq.
      Patrick M. Wallace, Esq.
      900 West Morgan Street
      Raleigh, NC 27603
      Telephone: (919) 600-5000
      Facsimile: (919) 600-5002

C & J CLARK: Faces "Jorge" Suit in Southern District New York
A class action lawsuit has been filed against C & J Clark America
Inc. The case is styled as Carlos Jorge, on behalf of himself and
all others similarly situated, Plaintiff v. C & J Clark America
Inc., d/b/a Clarks d/b/a Clarks, Defendant, Case No. 1:17-cv-09207
(S.D.N.Y., November 22, 2017).

C & J Clark America Inc. manufactures and markets footwear for
men, women, girls, and boys.[BN]

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

C-TECH COLLECTIONS: Faces "Kim" Suit in Eastern District of NY
A class action lawsuit has been filed against C-Tech Collections,
Inc. The case is styled as Victor Kim, on behalf of himself and
all others similarly situated, Plaintiff v. C-Tech Collections,
Inc., Defendant, Case No. 1:17-cv-06815 (E.D. N.Y., November 21,

C-Tech Collections, Inc. is a collections 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
   Tel: (917) 299-6612
   Fax: (347) 665-1545

CALZEDONIA USA: Faces "Jorge" Suit in Southern District New York
A class action lawsuit has been filed against Calzedonia USA, Inc.
The case is styled as Carlos Jorge, on behalf of himself and all
others similarly situated, Plaintiff v. Calzedonia USA, Inc.
doing business as: Intimissimi d/b/a Intimissimi, Defendant, Case
No. 1:17-cv-09200 (S.D. N.Y., November 22, 2017).

Calzedonia is a fashion retail company specializing in the
hosiery, beachwear and underwear market.[BN]

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

CAPITAL MANAGEMENT: Faces "Hollender" Suit in E.D. New York
A class action lawsuit has been filed against Capital Management
Services, L.P. The case is styled as Aharon Hollender, on behalf
of himself and all other similarly situated consumers, Plaintiff
v. Capital Management Services, L.P., Defendant, Case No. 1:17-cv-
06872 (E.D. N.Y., November 22, 2017).

Capital Management is a nationally licensed and recognized
collections agency, providing the highest level of delinquent
receivables resolution.[BN]

The Plaintiff is represented by:

   Maxim Maximov, Esq.
   Maxim Maximov, LLP
   1701 Avenue P
   Brooklyn, NY 11229
   Tel: (718) 395-3459
   Fax: (718) 408-9570

CENTRAL BOTTLING: Faces Antitrust Class Action in Israel
Ora Coren, writing for Haaretz, reports that an executive for
Central Bottling Company, the Israeli Coca Cola bottler, said the
company didn't lower prices for its soft drinks because it would
cause its market share to grow at the expense of the competition
and open it up to accusations of antitrust violations.

"Suppose I lower prices below the price for Pepsi.  What happens
to Pepsi and RC is only one thing -- they will disappear, and then
I will be sued for predatory pricing," Joav-Asher Nachshon, vice
president for Coca Cola Israel told a court in deliberations over
a class action suit that were released over the weekend.

Plaintiffs led by attorneys Ranat Gersht, Shahar Ben-Meir and
Shinhar Yaacov, are seeking 450 million shekels ($128 million)
from Central Bottling for excessive prices.  They claim Central
Bottling exploits its monopoly status in the soft drinks market in
violation of antitrust rules.

Mr. Nachshon was responding to a question from Judge Ofer
Grosskopf of the Central District Court.  In response, Judge
Grosskopf challenged his answer, saying: "You don't lower [prices]
but there's a good reason that you don't.  If you could remove
your competition you would happily do it.  You don't lower prices
because it would hurt profitability in the end.  You prefer to
retain 88% of the market at the price level you have today."

To that, Mr. Nachshon said he agreed with the judge's remarks,
except for the matter of competition. "We are very much in
competition," he said.  "We're constantly competing."

The court protocols also showed that two consultants retained by
Central Bottling -- Profs. Yossi Spiegel and Chaim Fershtman of
Tel Aviv University -- issued an opinion that Israeli cola prices
are not excessive, based on a comparison of prices in their
countries.  However, they did not base their opinion on Central
Bottling's actual costs.

The plaintiffs estimate that the cost of producing a 1.5-liter
bottle of non-diet Coke is at most 3.15 shekels against a list
price to retailers of 5.60 shekels, a margin of 80%. They assert
that production costs could be much lower.  Central Bottling
refused to provide them with production costs and their estimates
are those for rivals Tempo and Jafora Tabori.

Mr. Nachshon denied the company priced its products based on its
lock on the market.  "I don't know how to measure that.  I don't
know why that's relevant whether or not we're a monopoly," he
said. It's not exploitation.  We don't sit around and say, 'Wait,
let's take advantage of the consumer as much as we can.'  We find
the optimal [price] point."

"I think we have shown that our prices are similar to rest of the
world, so there is nothing scandalous here, because Coca-Cola is
raising these prices all over the world," he added. "You see that
the price gap between us and Pepsi was not created because we
raised prices, but because they lowered prices."  Judge Grosskopf,
however, commented that the lower prices for rival products, which
was as much as 60%, reflected a fair profit relative to production
costs. [GN]

CHEMOURS CO: Faces Sanctions in North Carolina Amid Class Action
Karl Baker, writing for Delaware Online, reports that
North Carolina regulators will sanction The Chemours Co. for the
release of an unregulated chemical into the Cape Fear River --
the latest in a barrage of legal assaults facing the Delaware
company in the Tar Heel State.

Officials in September had told Chemours to keep the chemical GenX
from flowing into the river from outfall pipes at its Teflon
production plant in Fayetteville, North Carolina.

Regulators learned on Nov. 1 that discharges of GenX had surged
following an October spill of a precursor chemical, the North
Carolina Department of Environmental Quality announced.

The state has not determined a sanction yet, but it "could be
anything from a violation notice or it could be more than that,"
said Jamie Kritzer, spokesman for the environmental department.

"We're investigating . . . to see any and all violations of their
permits as well as any other violations that they may have
committed in not disclosing this Oct. 6 spill," he said.

Test results from water samples collected at the Fayetteville
plant's outfall pipe showed concentrations of GenX peaking to
3,700 parts per trillion, three days after the spill, before
falling to 380.

The North Carolina health department's goal for the chemical in
drinking water is 140 parts per trillion.

The Nov. 9 announcement is the latest legal revelation to surface
since 2016 when EPA officials and North Carolina academics
detected GenX in treated drinking water in the Cape Fear region,
home to more than 200,000 people.

North Carolina environment and health officials in June began what
they called a "major investigation" into the presence of the
chemical in the river.  They say residents can safely drink the
water treated by municipalities.

Asked about the situation during an earnings call on Nov. 4,
Chemours CEO Mark Vergnano told stock analysts "we stopped that
affluent immediately.  We were not asked to do that.  We felt that
was the right thing to do."

"We do not believe that there is health effects of this in the
drinking water and we've stated that," he said.

The state does not refer to GenX as a toxic chemical because it is
still a relatively new, and untested, substance, Mr. Kritzer said.

"Simply because there's limited health information about it at
this point," he said

Still, North Carolina regulators have directed the company to buy
bottled water for 50 residential well owners living near Chemours'
facility in Fayetteville, state environment officials said.

State and company officials collectively have sampled 128
residential wells since September.  Of those, more than half
showed concentrations of GenX below the health goal, according to
the state.

Attorneys for the government of Brunswick County, North Carolina,
which sits at the mouth of the Cape Fear River, filed a lawsuit
against Chemours and DuPont on Oct. 31, which claims the companies
used the waterway "as the dumping ground for countless chemicals,"
including GenX, "while assuring the EPA and state agencies that
they were doing no such thing."

"To think that DuPont and Chemours released their waste products
directly into the Cape Fear River, which it knew was public
drinking water for thousands of people, is unimaginable," said
Scott Summy, the lead attorney for the county in a statement.

The county lawsuit alleges five water wells adjacent to the Cape
Fear River "have GenX concentrations in excess of 11,800" parts
per trillion."

Chemours, which employs about 1,000 people at its headquarters and
laboratories in Delaware, spun off from DuPont in 2015, taking
with it the decades-old Teflon business.

Mr. Vergnano on Nov. 9 reiterated his belief that there is no
health issue associated with GenX in North Carolina, "and we don't
think anyone's at risk."

"There's a bunch of lawsuits that have come on and they're very
early in the game.  We really haven't spent a whole lot of time on
those," Mr. Vergnano said.  "Our focus is on working with the
North Carolina regulators and the federal regulators."

A "billion dollar" class action lawsuit was filed in October by a
North Carolina resident over the alleged discharge of what she
called "toxic chemicals" into the river.

The plaintiff, Victoria Carey, claims her drinking water recently
was tested and found to have elevated levels of GenX and "other
poisonous substances," according to a statement emailed to The
News Journal.

"She says the companies' decades-long toxic dumping has endangered
the lives and health of residents and seriously affected their
properties and property values," the statement read.

In February, Chemours and DuPont came to a settlement in a
separate lawsuit in West Virginia over the release of the chemical
PFOA, a toxic substance that was used in Teflon production before
it was phased out a decade ago and replaced by GenX.

Under the agreement, each company is paying $335 million to
resolve thousands of claims that arose from the release of PFOA
into the ground, air, and water from the Washington Works plant in
Parkersburg, West Virginia.

Chemours earnings for the third quarter of 2017 were $214 million.

Asked if shareholders should fear that a future settlement in
North Carolina could derail company plans to grow, Mr. Vergnano
said, "that shouldn't be a worry for them, but I will also say
that that's why we do these public disclosures."

"The situation we're in with GenX right now, and with the state of
North Carolina, what I can tell you is we are working very closely
with them," he said.  "We have decided not to actively talk about
this . . . because we're trying to be very respectful of the
process we have with the regulators." [GN]

CIGNA HEALTH: Faces Class Action Over Disability Benefits
Gordon Gibb, writing for, reports that
a CIGNA long term disability lawsuit filed in September has been
proposed as a class action on behalf of all persons who may have
been adversely affected with regard to the handling of disability
benefits by CIGNA Health and Life Insurance Co.

According to the Pennsylvania Record, the lead plaintiffs are
Anthony and Amanda Patchell.  The Patchells currently live in
Michigan but were former residents of Altoona, in the state of

Mr. Patchell claims in his CIGNA LTD lawsuit that he became
disabled in February, of 2010.  He didn't elaborate as to the
nature, or extent of his disability, however Mr. Patchell
nonetheless asserts that CIGNA failed to pay both short-term, and
long-term disability benefits in a timely fashion.  The plaintiffs
also allege in their CIGNA denied long term disability lawsuit
that the insurer dropped the ball when it came to payment of
interest on past-due benefits.

It is also alleged that CIGNA failed to compensate the plaintiffs
for attorneys' fees and other related costs in contested cases
that were subsequently ruled in the plaintiff's favor.

Mr. Patchell's CIGNA long term disability lawsuit alleges
violations against the Employment Retirement Income Security Act
(ERISA, as amended 1974) and also names Disability Management
Solutions as a co-defendant.  The plaintiffs seek all benefits due
them, together with unpaid benefits, interest on unpaid and
overdue benefits, as well as any relief granted by the Court.

CIGNA is amongst a long list of insurers reputed to drag their
heels when it comes time to pay benefits from policies which have
been maintained in good faith and in good standing by respective
policyholders.  Insurers have been known to stonewall a policy
holder's honest efforts to facilitate a legitimate claim, and / or
abruptly pull the rug out from under policy holders through the
cancellation of either short-term or long-term disability
benefits, leaving policyholders little recourse but to litigate.

The Patchell lawsuit is Anthony Patchell and Amanda Patchell et
al. v. CIGNA Health and Life Insurance Co., Life Insurance Co. of
America, and Disability Management Solutions, Case No. 3:17-cv-
00161-KRG filed September 7 of this year in the US District Court
for the Western District of Pennsylvania. [GN]

CLIENT SERVICES: Faces "Buxbaum" Suit in E.D. New York
A class action lawsuit has been filed against Client Services,
Inc. The case is styled as Sigmund Buxbaum, on behalf of himself
and all other similarly situated consumers, Plaintiff v. Client
Services, Inc., Defendant, Case No. 1:17-cv-06874 (E.D. N.Y.,
November 22, 2017).

Client Services offers mortgage modifications and credit card rate

The Plaintiff is represented by:

   Maxim Maximov, Esq.
   Maxim Maximov, LLP
   1701 Avenue P
   Brooklyn, NY 11229
   Tel: (718) 395-3459
   Fax: (718) 408-9570

DEERFIELD BEACH, FL: Parents Sue School for Child Molestation
Izzy Kapnick, writing for Courthouse News Service, reports that
three families have sued the city of Deerfield Beach, Florida, and
a charter school, claiming lax employee screening and poor
supervision at a municipal pool enabled a swim teacher to molest
their children.

In three lawsuits in Broward County court, the parents claim their
children were molested by Francisco De Aragon on May 19, 2015,
while on a school trip to the Deerfield Beach Aquatic Center for
swimming lessons.

The parents say the Aquatic Center was short-staffed and "crowded
with multiple kindergarten classes" when the molestation occurred.
They say city employees and the school, Somerset Pines Academy,
did not provide adequate supervision.

Represented by Neil Anthony, Esq. at Steinger, Iscoe and Greene in
West Palm Beach, the parents seek damages for the defendants'
"failing to discharge or remove De Aragon from the Aquatic Center
when it became apparent that he was engaged in grooming behavior .
. . . for sexual exploitation," according to the complaint.

The families seek damages for negligence, trauma and vicarious
liability, from Deerfield Beach, Somerset Pines and De Aragon

"The defendants . . . . engaged in a pattern of additional harm by
denying the children's truthful complaints of sexual abuse," the
complaints state. "Such conduct has had the effect of further
shaming and humiliating the victims and their families."

The three children were 6 and 7 years old at the time.

De Aragon was convicted in May of sexual assault and molestation.
He was given multiple life sentences.

In a series of emails about these lawsuits, the city of Deerfield
Beach insisted De Aragon had been adequately vetted before his
hiring, and that his professional record appeared clean before the
day of the abuse.

"We absolutely conducted a level 2 background check, which is the
most intensive because it checks for everything out of state as
well," a city spokesperson said.

"The city never received any complaints prior [to the May 19,
2015. incidents], and terminated him immediately after we were
informed of the charges," the city added.

The Florida Charter School Alliance, speaking on behalf of
Somerset Pines, said De Aragon was not an agent of the school.

"The school put its faith in the city program. This was not an
employee of the school," the alliance said in a statement.

A teacher from Somerset Pines testified during the criminal trial
that two of the victims were in her class, which had roughly 20
children. She testified that on the day of the abuse, she was
watching the class from a seat at the edge of the pool at the
Deerfield Beach Aquatic Center, and did not see any improper

De Aragon, 28, is challenging his conviction in the Fourth
District Court of Appeal.

He insisted he was innocent throughout the trial, professing from
the witness stand that he had never before been accused of
inappropriate behavior with kids since becoming a lifeguard as a

He testified that he was "shocked and horrified" when police
confronted him with the allegations. He said he did not remember
the victims, nor interacting with them, as he sometimes taught
more than 100 children a day.

At his sentencing hearing, he said: "From Day 1 until the day I
die, I have always maintained and will maintain that I did not do

He also invoked Jesus on the cross: "I forgive [the accusers]
because they don't know what they are doing, just like He forgave
those who crucified Him."

At the center of the criminal case were recordings of the victims'
interviews with Detective Keith Gittens, in which the girls say
that a swimming teacher, whom police identified as De Aragon,
touched them under their bathing suits.

One mother testified that her daughter reported the abuse the day
it happened. After returning home from school, the girl said she
didn't want to go back in the pool because she had been touched in
her private parts by a man at the Aquatic Center, the mother

The mother testified that her daughter's account of the groping
was the first time she had heard of any incidents of molestation
at the pool. When she went to make a statement about what
happened, another family was present to complain about
inappropriate touching at the pool. At that point she realized
multiple children were involved, she testified.

The case is JOSE CEPEDA, a father and natural guardian of A.C. (a
minor female), Plaintiff, v. CITY OF DEERFIELD BEACH, SOMERSET
ACADEMY INC. and FRANCISCO DEARAGON, Defendants, Case No. ____,
filed with the Circuit Court of the 17th Judicial in and for
Broward County, Florida.

The Plaintiff is represented by:

     Neil. P. Anthony, B.C.S., Esq.
     1645 Palm Beach Lakes Blvd.
     West Palm Beach, FL 33401
     Tel: (561) 616-5550

ETRO USA: Faces "Jorge" Suit in Southern District of New York
A class action lawsuit has been filed against Etro USA, Inc. The
case is styled as Carlos Jorge, on behalf of himself and all
others similarly situated, Plaintiff v. Etro USA, Inc., Defendant,
Case No. 1:17-cv-09199 (S.D. N.Y., November 22, 2017).

Etro USA, Inc. manufactures and sells Fashion Accessories and
Leather Goods.[BN]

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

EQUIFAX INC: Faces First Castle Suit in N.D. Georgia
A class action lawsuit has been filed against Equifax, Inc. The
case is styled as First Castle Federal Credit Union, on behalf of
itself and all others similarly situated, Plaintiff v. Equifax,
Inc. and Equifax Information Services LLC, Defendants, Case No.
1:17-cv-04707-AT (N.D. Ga., November 22, 2017).

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:

   Chris T. Hellums, Esq.
   Pittman Hooks Dutton & Hollis
   2001 Park Place North
   Park Place Tower, Suite 1100
   Birmingham, AL 35203
   Tel: (205) 322-8880

      - and -

   Douglas A. Dellaccio, Esq.
   Cory Watson
   2131 Magnolia Avenue
   Birmingham, AL 35205
   Tel: (205) 328-2200

      - and -

   E. Kirk Wood, Esq.
   Wood Law Firm, LLC
   P.O. Box 382434
   Birmingham, AL 35283
   Tel: (205) 612-0243

      - and -

   F. Jerome Tapley, Esq.
   Cory Watson
   2131 Magnolia Avenue
   Birmingham, AL 35205
   Tel: (205) 328-2200

      - and -

   Greg L. Davis, Esq.
   Davis & Taliaferro
   7031 Halcyn Park Drive
   Montgomery, AL 36117
   Tel: (334) 832-9080
   Fax: (334) 409-7001

      - and -

   Jonathan S. Mann, Esq.
   Pittman, Dutton, Kirby & Hellums, P.C.
   2001 Park Place North
   Park Place Tower, Suite 1100
   Birmingham, AL 35203
   Tel: (205) 322-8880
   Fax: (205) 328-2711

      - and -

   Michael Lee McGlamry, Esq.
   Pope McGlamry, P.C.
   P.O. Box 191625
   3391 Peachtree Road, N.E., Suite 300
   Atlanta, GA 31119-1625
   Tel: (404) 523-7706
   Fax: (404) 524-1648

      - and -

   N. Kirkland Pope, Esq.
   PopeMcGlamry, P.C.
   P.O. Box 191625
   3391 Peachtree Road, N.E., Suite 300
   Atlanta, GA 31119-1625
   Tel: (404) 523-7706
   Fax: (404) 524-1648

EQUIFAX INC: Faces "Krachanus" Class Action in N. Dist. Ga.
A class action lawsuit has been filed against Equifax, Inc. The
case is styled as Eric Krachanus, an individual, on behalf of
himself and all others similarly situated, Plaintiff v. Equifax,
Inc., Defendant, Case No. 1:17-cv-04694-CAP (N.D. Ga., November
22, 2017).

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:

   Benjamin Jared Meiselas, Esq.
   Geragos & Geragos
   644 South Figueroa Street
   Historic Engine Co. No. 28
   Los Angeles, CA 90017
   Tel: (213) 625-3900

      - and -

   Jonathan Wesley Johnson, Esq.
   Jonathan W. Johnson, LLC
   2296 Henderson Mill Rd., Suite 304
   Atlanta, GA 30345
   Tel: (404) 298-0795
   Fax: (404) 941-2285

      - and -

   Lori G. Feldman, Esq.
   Geragos & Geragos
   644 South Figueroa Street
   Historic Engine Co. No. 28
   Los Angeles, CA 90017
   Tel: (213) 625-3900

      - and -

   Mark J. Geragos, Esq.
   Geragos & Geragos
   644 South Figueroa Street
   Historic Engine Co. No. 28
   Los Angeles, CA 90017
   Tel: (213) 625-3900
   Fax: (213) 625-1600

FINANCIAL CORPORATION: Walker Files Suit in N. Dist. Ga.
A class action lawsuit has been filed against Financial
Corporation of America. The case is styled as Alonzo Walker, on
behalf of himself and others similarly situated, Plaintiff v.
Financial Corporation of America, Defendant, Case No. 1:17-cv-
04668-CAP-LTW (N.D. Ga., November 21, 2017).

Financial Corporation of America (FCOA) offers professional debt
collection and receivables management services to help
organizations of all types improve operations and enhance their
bottom line.[BN]

The Plaintiff is represented by:

   Aaron D. Radbil, Esq.
   Greenwald Davidson & Radbil, PLLC -TX
   106 East Sixth Street, Suite 913
   Austin, TX 78701
   Tel: (512) 322-3912
   Fax: (561) 961-5684

      - and -

   Shireen Hormozdi, Esq.
   Hormozdi Law Firm, LLC
   1770 Indian Trail Lilburn Road, Suite 175
   Norcross, GA 30093
   Tel: (678) 395-7795
   Fax: (866) 929-2434

FIREMAN GROUP: Andrews Files Suit in E. Dist. New York
A class action lawsuit has been filed against The Fireman Group
Cafe Concepts, Inc. doing business as: The Fireman Hospitality
Group. The case is styled as Victor Andrews, individually and as
the representative of a class of similarly situated persons,
Plaintiff v. The Fireman Group Cafe Concepts, Inc. doing business
as: The Fireman Hospitality Group and Red Eye Grill, L.P. doing
business as: Redeye Grill, Defendants, Case No. 1:17-cv-06804
(E.D. N.Y., November 21, 2017).

The Fireman Group Cafe Concepts, Inc. is in the Cafe business.[BN]

The Plaintiff appears PRO SE.

FIRSTSOURCE ADVANTAGE: Faces "Leitner" Suit in E.D. New York
A class action lawsuit has been filed against Firstsource
Advantage, LLC. The case is styled as Jacob Leitner, on behalf of
himself and all other similarly situated consumers, Plaintiff v.
Firstsource Advantage, LLC, Defendant, Case No. 1:17-cv-06836
(E.D. N.Y., November 21, 2017).

Firstsource Advantage provides debt collections services to credit
card issuers, financial institutions, and healthcare

The Plaintiff appears PRO SE.

FRED PERRY USA: Faces "Jorge" Suit in S.D. New York
A class action lawsuit has been filed against Fred Perry USA, Inc.
The case is styled as Carlos Jorge, on behalf of himself and all
others similarly situated, Plaintiff v. Fred Perry USA, Inc.,
Defendant, Case No. 1:17-cv-09211 (S.D. N.Y., November 22, 2017).

Fred Perry USA sells clothing and accessories.[BN]

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

FXCM INC: Several Individual Defendants in Investor Suit Resign
Maria Nikolova, writing for Finance Feeds, reports that the latest
changes at Global Brokerage (former FXCM Inc) saw five of the
defendants in the "mega lawsuit" brought by investors disgruntled
by the February events, bid goodbye to top roles at the broker.

A number of top officers at Global Brokerage Inc (NASDAQ:GLBR),
formerly known as FXCM Inc, are saying goodbye to their roles as a
result of the "restructuring plan" announced by the company in a
press release issued late on November 10, 2017.  The company is
set to file for bankruptcy under Chapter 11 and changes involving
its senior ranks have to be expected, of course.

Let's note that the reshuffle at the top involves individuals that
are defendants in the so-called "mega lawsuit" against the broker
-- a class action on behalf of investors in the public securities
of FXCM Inc.  The action is brought on behalf of a putative class
consisting of all persons and entities who purchased or otherwise
acquired publicly traded FXCM securities from March 15, 2012 to
February 6, 2017.

This class action names 17 individuals as defendants, on top of
the broker itself.  The list of individual defendants includes:
Dror Niv, William Ahdout, David Sakhai, Eduard Yusupov, Janelle G.
Lester, Robert Lande, Ornit Niv, Nicola Santoro, Jr., Margaret
Deverell, David S. Sassoon, Kenneth Grossman, James Brown, Ryan
Silverman, Arthur Gruen, Robin E. Davis, Eric LeGoff, and Bryan

In its press release issued on November 10, 2017, Global Brokerage
mentioned the names of five of these defendants: David Sakhai,
Eduard Yusupov, Margaret Deverell, Robert Lande, and David S.
Sassoon.  In particular, David Sakhai and Eduard Yusupov will
resign from their positions as members of the Board of Global
Brokerage.  Margaret Deverell, Chief Accounting Officer, Robert
Lande, Chief Financial Officer, and David S. Sassoon, General
Counsel, will submit their resignations to the Board.

The press release said that "the resignation of these executives
from Global Brokerage will allow each of them to focus their
priorities in these roles to FXCM Group" and, yet, this states a
consequence of the resignation and not the cause for the change.

The names of these five individuals are embroiled in the "mega
lawsuit".  Under the complaint, defendants Niv and Lande, as well
as Sakhai, Ahdout, Grossman, Yusupov, Brown, Silverman, Gruen,
Davis, Legoff, Santoro (in 2012, 2013, 2014), Reyhani (2015), and
Deverell (2015) each signed various FXCM 10-K's filed with the SEC
during the Class Period and are thus responsible for the
misleading and omissive statements made in the filings they
signed. Similarly, the Complaint alleges that Mr Sassoon, as
General Counsel, signed proxy statements filed with the SEC on
Form DEF 14 A during the Class Period.

The defendants have acknowledged they signed the 10-K filings in
question. However, what their lawyer is contesting is whether
their signatures on these filings are sufficient to prove their
role in FXCM's management and the alleged culpable participation.

FinanceFeeds will continue to monitor how the filing for Chapter
11 bankruptcy will affect the legal proceedings against Global
Brokerage/FXCM, and vice versa. [GN]

FORT MYERS, FL: Class Action Mulled Over Toxic Sludge Site
Patricia Borns, writing for News-Press, reports that with its cool
tile floors and high ceilings, Tambitha and Willie Blanks'
attractive four-bedroom home looks a lot like its counterparts in
Cape Coral and the Gateway area of Fort Myers -- with a

Thanks in part to a city of Fort Myers dump opposite them on
Jeffcott Street -- a dump the city established in 1962 for
contaminated water treatment sludge and never told residents about
until The News-Press made it known last June -- the couple's home
is worth less.  So much less that a bank recently declined the
couple's refinancing application, they say.

"We were all approved and just waiting for the appraisal," said
Tambitha Blanks, who grew up in the neighborhood and wanted to
raise her family there.  "The first thing he (the bank appraiser)
did was ask us about the site across the street."

Attorneys for Fort Myers residents affected by toxic sludge site
hold town hall meeting to discuss possible claims Andrew

"We were told we need to live 3,000 feet or farther away to avoid
a property valuation impact."

Ms. Blanks and her husband were among 125 residents gathered at
Ann Knight's Global Ministries Church on South Street on Nov. 12
to hear the team of environmental attorney Gary Davis of Davis and
Whitlock, Cape Coral attorney Ralf Brookes, and University of
Miami School of Law Environmental Justice students led by attorney
Natalie Barefoot, talk about their potential claims against the
city in a class action suit.

Mr. Brookes filed a notice of intent on behalf of 80 clients last
July to sue the city for monetary damages arising from the dumping
of the contaminated sludge on or near their properties.

Dunbar residents file notice of intent to sue City of Fort Myers
"We have a federal law that allows you to make a claim against
someone who dumped toxic materials in your neighborhood,"
Mr. Davis said, referring to the Resource and Conservation
Recovery Act.

"Instead of going to state court, which might not be the best
place to be in Lee County, if we can show an imminent and
substantial endangerment through expert proof and evidence, we can
have a federal judge order the city to clean it up,"
Mr. Davis said.  "That's the goal."

Lowest property values in the city

Damage to property values is one of the most common claims in
environmental lawsuits and will be filed regardless of other
claims, said the attorneys.

In the Michigan-Dunbar area, properties are already valued almost
50 percent lower than the median Fort Myers home, according to
statistics compiled by Southwest Florida appraisal firm  Maxwell,
Hendry and Simmons.

While many factors affect value, "disamenities" -- a research term
for things like landfills that are the opposite of amenities --
are a palpable presence in the neighborhood.

Besides the sludge dump opposite the Blanks' home -- a mucky four-
acre site surrounded by homes -- a nearby junkyard that started as
a borrow pit in the 1960s now takes up a block and a half,
exposing tires and smashed cars to homes on three streets through
a broken down buffer wall.

Industrial sites on Veronica Shoemaker Boulevard and Canal Street
further hem in the residents.

"We were told we need to live 3,000 feet or farther away (from the
sludge dump) to avoid a property valuation impact," Mr. Blanks

In an email to The News-Press, Mayor Randy Henderson urged the
Blanks to reach out to City Manager Saeed Kazemi to assist them
with their lender.

"... Some of the most competent consultants in the world have been
engaged by the council to get the facts."

"Lenders need not speculate on contamination with regard to their
collateral interest," Mayor Henderson said.  "While I have not
been updated on the status of the facts . . . some of the most
competent consultants in the world have been engaged by the
council to get the facts so council can develop a plan in
accordance with what the facts reveal. . . . We should be nearing
the time when we will receive some data."

GFA International will soon publish its first report on greatly
expanded tests of the groundwater at the site.  More tests will
follow of the soil and ground-water offsite.

Limited tests 10 years ago revealed unsafe levels of arsenic in
the soil and in some groundwater monitoring wells.  Neither the
city nor DEP informed residents.  They left the site unmarked and
open for children to play on.

"The fact they dumped this all those years ago is called open
dumping," Mr. Brookes said.  "That's prohibited even if it
occurred before the law existed.  The fact that it's still there
is an ongoing practice of open dumping that can be prohibited
under the federal law."

The lawyers will file a notice of intent to sue under the federal
law as soon as the test results are complete, they said.

"It's unlikely we will find 99 percent of the chemicals we are
testing for," GFA project lead Scott McManus told reporters in

In that case, what would the city's liability be? Can it be liable
for a health or property damage claim if the tests are benign?

The case for medical monitoring

When it comes to property damages, yes, because safety isn't the
only potential impact on home values.  There's a stigma associated
with dump sites and a negative impact on scenic value, Davis said.

The sludge on the city's site is visible in some locations and
smelly after it rains, residents say. And if the city leaves the
material there -- buried in some spots 15 or more feet deep -- it
will likely need to remain fenced to protect the public,
advertising a safety risk to future buyers.

The possible health effects of decades of low arsenic exposure are
harder to establish.

To Abigail Fleming, who led the UM Law School team in dozens of
door-to-door interviews with residents last summer, the results of
today's tests matter less than the decades of exposure that came

"It's just not scientifically possible that the arsenic from the
site didn't affect them," Ms. Fleming said.  "The problem is
proving it."

"It's just not scientifically possible that the arsenic from the
site didn't affect them.  The problem is proving it."

The likelihood of a health effect comes less from a toxic
underground plume than from the contaminated runoff that residents
say flooded streets and yards for two or more decades when the
streets had no drainage and many residents drank from shallow
wells.  The runoff can still be observed today during rainy season
and hurricanes.

If the claimants prove to have a higher risk of disease from
exposure to the site, they may be entitled to medical monitoring
over their lifetimes, Ms. Fleming said.

Toxicology: where the rubber meets the road.

The risk assessment that will determine the likely exposure can
only begin after all tests are complete.

The results would go to an expert like University of Florida
toxicologist Stephen Roberts, who has an exclusive contract with
the DEP to model the risk of disease in people from their
cumulative exposure to contamination.

While Roberts couldn't comment directly on the sludge site case,
the tricky part of his job is figuring out the levels and amounts
of people's past exposure where so many variables are present, he

What was the arsenic concentration 60 years ago when the city
first dumped the sludge, for example? What was the effect on a
child with its smaller body weight compared with an adult?

The UM team will take advantage of the medical school's vast
resources to see if a cancer cluster is possible -- a far more
difficult claim to prove.

The students are already looking for a cancer cluster in their
local community of Coconut Grove, where generations of neighbors
inhaled smoke from an old incinerator.

"A 2013 study from our medical school found pancreatic cancer
clusters near wells," Ms. Fleming said.  "Dunbar is near one of
the clusters. We are trying to prove the clusters are found where
the wells are contaminated with arsenic."

The team invited residents to join a steering committee to help
with the case. [GN]

GEO GROUP: Judge Considers Advancing Prison Wage Case
June Williams, writing for Courthouse News Service, reports that
at a motion hearing November 20, a federal judge seemed unlikely
to dismiss two suits claiming for-profit GEO Group failed to pay
federal immigration detainees Washington state's minimum wage.

In September, Washington state sued GEO, one of the country's
largest operators of private prisons, for violating the state's
minimum wage laws. A detainee at GEO-run Northwest Detention
Center in Tacoma, Washington, also filed a separate class action
lawsuit in the Western District of Washington claiming GEO paid
detained workers just $1 a day.

GEO's attorney, Joan Mell, Esq., told U.S. District Judge Robert
Bryan the cases should be dismissed because the Fair Labor
Standards Act, which says detainees may be paid $1 a day for
voluntary labor, preempts any state wage laws.

Mell said the government, including Immigration and Customs
Enforcement (ICE), made the decision about how much detainees
could be paid.

"ICE and Congress get to decide, not the court," Mell said.

She argued that GEO is not an employer and the detainees don't
have an employment contract.

"Isn't that a fact issue?" Bryan replied.

He said the contract covering the detainees had "many of the
hallmarks of employment."

Mell countered that being in detention is not the same as being a
regular employee.

"The question is whether these people are employees," Bryan said.
"I have to assume they are employees because if they're not,
there's no preemption."

But Mell claimed the Minimum Wage Act has never been applied to a
detention facility.

Andrew Free, arguing on behalf of the class action's lead
plaintiff Chao Chen, said Bryan should deny the motion to dismiss
and allow discovery because of the factual questions raised by the

And Marsha Chien with the Washington Attorney General's office
argued that the state wants to enforce its minimum wage act
against GEO, a private employer.

"The state does not seek to challenge immigration policy," she

Bryan said he expects to rule on whether or not to dismiss the

The state's case is STATE OF WASHINGTON, Plaintiff, v. THE GEO
GROUP, INC., Defendant, No. _________, filed with the Superior
Court of the State of Washington, for Pierce County.

The detainee's case is SYLVESTER OWINO and JONATHAN GOMEZ, on
behalf of themselves, and all others similarly situated,
Plaintiffs, v. CoreCivic, Inc., a Maryland corporation, Defendant,
Case No. 17CV1112 JLS NLS, filed with the U.S. District Court for
the Southern District of California.

The Plaintiffs in the putative class suit is represented by:

     Robert L. Teel, Esq.
     207 Anthes Ave., Suite 201
     Langley, WA 98260
     Tel: (866) 833-5529
     Fax: (855) 609-6911

GIGAMON INC: Being Sold for Too Little, "Kalt" Class Suit Alleges
DAVID KALT, Individually and on Behalf of All Others Similarly
ELLIOTT MANAGEMENT CORPORATION, Case No. 3:17-cv-06672 (N.D. Cal.,
November 20, 2017), alleges that the Company's Board of Directors
is selling the Company for too little out of a false sense of

The lawsuit alleges violations of the Securities Exchange Act of
1934, arising out of the Board's attempt to sell the Company to
Elliott Management Corporation through its affiliate Ginsberg
Holdco, Inc. and its wholly-owned subsidiary Ginsberg Merger Sub,
Inc.  The proposed deal is valued at approximately $1.6 billion.
The Plaintiff contends that the Proposed Transaction does not
adequately compensate Gigamon stockholders for their investment in
the Company.

Based in Santa Clara, California, Gigamon is a corporation
organized and existing under the laws of the state of Delaware.
The Individual Defendants are directors and officers of the
Company.  Gigamon develops software and applications for IT
organizations, specifically programs that provide visibility into

Elliott Management Corporation is a hedge fund located in New York
City.  Ginsberg Holdco, Inc. is a Delaware corporation affiliated
with Elliott Management Corporation.  Ginsberg Merger Sub, Inc.,
is a Delaware corporation and is a wholly owned subsidiary of
Ginsberg Holdco, Inc.[BN]

The Plaintiff is represented by:

          Evan J. Smith, Esq.
          BRODSKY & SMITH, LLC
          9595 Wilshire Boulevard, Suite 900
          Beverly Hills, CA 90212
          Telephone: (877) 534-2590
          Facsimile: (310) 247-0160

               - and -

          Shane T. Rowley, Esq.
          Danielle Rowland Lindahl, Esq.
          25 50 Main Street, Suite 1000
          White Plains, NY 10606
          Telephone: (914) 400-1920
          Facsimile: (914) 301-3514

GOOGLE INC: Attorneys Recruit Pixel 2 Owners to Join Class Action
Phonearena reports that the Google Pixel 2 XL continues to have
problems with the screen.  Besides concerns about burn-in on the
OLED panel, the other day Phonearena reported that some Pixel 2 XL
users are seeing the screen flash when they unlock the phone.  On
Nov. 12, there is talk about the latest bug that is preventing
Pixel 2 XL users from enjoying the phone like they should be.  It
appears that on some units of the Pixel 2 XL, the edges of the
screen are unresponsive.

The Pixel User Community website has some threads about the issue,
including one from a Pixel 2 XL owner who claims to have spoken to
Google Support about the matter.  It does appear that the
complaints have been heard.  A community manager says that Google
has been investigating the complaints, and he states that the
issue will be addressed in a future OTA update.  One report puts
the blame for this problem on an over zealous accidental touch
protector on the phone.

"I have found it generally hard and unreliable to tap the edge of
the screen where the curve is, especially when trying to put a
cursor there to edit something on the screen. To the point that I
started placing the cursor a cm closer to the center of the phone,
then dragging my finger toward the edge. I'm guessing this could
be some sort of overzealous accidental touch protection logic,
which is why Orrin is saying it's possible to address it in an
OTA. Looking forward to the fix." -- Artem Russakovskii, member,
Pixel User Community

This certainly adds fuel to the fire as far as a law firm named
Girard Gibbs LLP is concerned.  As Phonearena recently disclosed,
the attorneys in this office are recruiting Pixel 2 and Pixel 2 XL
owners who have experienced problems with the screens on their
devices, to join a Class Action lawsuit against Google, LG and

HAINES TRANSPORTATION: Faces "Maisonet" Suit in Cal. Super. Ct.
A class action lawsuit has been filed against Haines
Transportation Inc., an Idaho Corporation. The case is styled as
Lorenzo Maisonet, on behalf of himself and all other similarly
situated, Plaintiff v. Haines Transportation Inc an Idaho
Corporation and Does 1-10, Defendants, Case No. 34-2017-00222686-
CU-OE-GDS (Cal. Super. Ct., November 22, 2017).

Haines Transportation Inc. offers transportation services in
Boise, Idaho.[BN]

The Plaintiff is represented by:

   Christina Humphrey, Esq.
   Humphrey & Rist, LLP
   1216 State St
   Santa Barbara, CA 93101
   Tel: (805) 618-2924

HULU LLC: Sued in Mass. Over Failure to Provide Audio Description
American Council of the Blind, Bay State Council of the Blind,
Brian Charlson, and Kim Charlson, on behalf of herself and all
others similarly situated, Plaintiffs, v. Hulu LLC, Case No. 1:17-
cv-12285-PBS (D. Mass., November 20, 2017), is brought against the
Defendants for violation of the Americans with Disabilities Act,
specifically by failure to provide audio description, a separate
audio track that blind people need in order to access the
exclusively visual content of a show or movie on any content.

Headquartered in Santa Monica, California, Hulu LLC provides live
and on-demand online video-streaming services nationwide,
including in Massachusetts. [BN]

The Plaintiff is represented by:

      Caitlin Parton, Esq.
      Stanley J. Eichner, Esq.
      11 Beacon Street Suite 925
      Boston, MA 02108
      Telephone: (617) 723-8455
      Facsimile: (617) 723-9125

         - and -

      Rebecca Williford, Esq.
      Sidney Wolinsky, Esq.
      Meredith Weaver, Esq.
      2001 Center Street, 4th Floor
      Berkeley, CA 94704
      Telephone: (510) 665-8644
      Facsimile: (510) 665-8511

ITX USA: Faces "Jorge" Suit in Southern District New York
A class action lawsuit has been filed against ITX USA, Inc. The
case is styled as Carlos Jorge, on behalf of himself and all
others similarly situated, Plaintiff v. ITX USA, Inc. d/b/a
Bershka, Defendant, Case No. 1:17-cv-09210 (S.D. N.Y., November
22, 2017).

ITX USA, Inc. d/b/a Bershka is engaged in the clothing

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

JOE'S JEANS: Faces "Jorge" Suit in Southern District New York
A class action lawsuit has been filed against Joe's Jeans, Inc.
The case is styled as Carlos Jorge, on behalf of himself and all
others similarly situated, Plaintiff v. Joe's Jeans, Inc.,
Defendant, Case No. 1:17-cv-09194 (S.D. N.Y., November 22, 2017).

JOE'S JEANS, INC. designs, manufactures, markets, and labels Joe's
Jeans brand of apparel, which it sells throughout
California and the United States at twelve full-price retail
stores, twenty outlet locations, and at over 135 retailers and
boutiques, including many upscale and mid-tier department stores
such as Macy's, Nordstrom, Neiman Marcus, Bloomingdale's, Saks
Fifth Avenue, Anthropologie, and Bergdorf Goodman.[BN]

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

JOHN MCSHANE: Sued in N.J. Over Illegal Telemarketing Practices
Donald F. Browne, Jr., individually and on behalf of all others
similarly situated v. John McShane d/b/a American Students Loan
Forgiveness & Debt Relief a/k/a ASLFDEBTRELIEF, Case No. 1:17-cv-
11871 (D.N.J., November 20, 2017), stems from the Defendant's
practice of harassing consumers nationwide with automated and
prerecorded telemarketing calls and text messages.

John McShane sells student loan application packaging services
purportedly designed for the Department of Education's latest
Federal Student Loans Consolidation and Loan Repayment
Modification Programs. [BN]

The Plaintiff is represented by:

      Stephen P. DeNittis, Esq.
      Ross H. Schmierer, Esq.
      525 Route 73 North, Suite 410
      Marlton, NJ 08053
      Telephone: (856) 797-9951

L3 TECHNOLOGIES: Faces "Estes" Suit in S.D. of California
A class action lawsuit has been filed against L3 Technologies,
Inc. The case is styled as Joseph Estes, an individual, on behalf
of himself and others similarly situated, Plaintiff v. L3
Technologies, Inc., Defendant, Case No. 3:17-cv-02356-H-JMA (S.D.
Cal., November 21, 2017).

L3 Technologies, Inc. provides aerospace systems, and
communication and electronic systems and products used on military
and commercial platforms in the United States and internationally.
It operates in three segments: Electronic Systems, Aerospace
Systems, and Communication Systems.  It was formerly known as L-3
Communications Holdings, Inc. and changed its name to L3
Technologies, Inc. in December 2016.  The Company was founded in
1997 and is headquartered in New York, New York.[BN]

The Plaintiff is represented by:

   Eric B Kingsley, Esq.
   Kingsley and Kingsley
   16133 Ventura Boulevard, Suite 1200
   Encino, CA 91436
   Tel: (818) 990-8300
   Fax: (818) 990-2903

LULAROE CO: Winkelman Expected to be Named Class Representative
Matt Perkins, writing for SCTimes, reports that since its founding
in 2012, LuLaRoe has been on a meteoric rise through the ranks of
the retail clothing industry.

The company known for its colorful clothing and multi-level
marketing strategy saw its sales soar to about $1 billion in 2016,
and the company says that number has already doubled in 2017.

But one former St. Cloud-area consultant for LuLaRoe questions
those numbers and thinks the strategy the company used to make
those sales was illegal.

Pamela Winkelman is being represented by Sacramento-based attorney
Joshua Watson of Arnold Law Firm in one of five class-action
lawsuits filed against the company in recent months.  The suit
seeking $1 billion in relief alleges LuLaRoe's sales strategy is
an "endless chain scheme" under California law and violates the
federal Racketeer Influenced and Corrupt Organizations Act.

Mr. Watson said he expects Ms. Winkelman to be a named plaintiff,
otherwise called a class representative, if and when the court
certifies the class.

"When we're looking for class representative, what we're looking
for is somebody who is dedicated to taking the steps to vindicate
not just their rights, but everybody else's," Mr. Watson said.
"Not everybody is in that position, and we're very fortunate that
Pam is willing to do this. As a class representative, you're not
just fighting for yourself, but you have to fight for everybody
else.  And once the class gets certified, you have to put their
interests ahead of your own."

Ms. Winkelman, who works a full-time job while attending school
online to obtain her master's in business administration, said she
signed up to be a LuLaRoe consultant in May 2016 hoping it might
one day lead to her dream of owning her own boutique.  She said
she invested $5,000 in her initial inventory, plus another $1,000
or so for equipment to display her clothes and advertise her

But Ms. Winkelman claims the area's market became over-saturated
with consultants, driving prices down and limiting potential
profits, so she decided in August to quit.

She said LuLaRoe advertised a 100 percent buyback policy, a
program she says drove many consultants to sign up believing they
wouldn't have to worry about losses should they not meet their
sales goals.

Ms. Winkelman said she spent weeks attempting to take advantage of
the policy before receiving an email one night in September that
said the company had changed its buyback program.

"I read it and I'm like, you know what, I don't think this is
right," Ms. Winkelman said.  "They're doing something here that
doesn't make sense.  I just made a comment on Facebook that said I
think we might have grounds for a class-action."

So she began collecting information about those affected. At
first, she was contacted by a handful of people through Facebook's
messaging service.  But when the contacts continued piling up, she
created a Facebook group called "Seeking Justice," dedicated to
LuLaRoe consultants who were going out of business and were being
told they didn't qualify for the buyback program that enticed them
to sign up in the first place.

Ms. Winkelman monitors traffic daily to the group of more than
1,000 members.

"Over a thousand people have joined this group because they want
to know what's going on," Ms. Winkelman said.  "They want the
actual information, not the gossip.  Not the 'this is my opinion'
kind of thing. They were looking for the facts."

Mr. Watson said Ms. Winkelman's activism has helped lead more than
1,300 people to directly contact his office seeking individual

"Pamela's group is a fantastic thing," Mr. Watson said.  "Even
before lawyers were involved and looking around, she was trying to
help other similarly affected people, and that speaks volumes
about her as a person and her as a class rep."

Mr. Watson said his firm is working with Morgan & Morgan on the
case, with well-known attorney John Yanchunis serving as lead
attorney for their class-action suit.  Mr. Yanchunis has worked on
several high-profile class-action suits, including a case filed in
September against Equifax, a credit reporting agency that
experienced a data breach that potentially compromised 143 million
consumer records.

In a company statement, LuLaRoe said its exponential growth over
the past four years has made it the target of "orchestrated
competitive attacks and predatory litigation."

"We take all litigation -- regardless of its lack of merit --
seriously," the statement reads.  "We have not been served with
the recent complaint, but from what we have seen in media reports,
the allegations are baseless, factually inaccurate and

Mr. Watson said the merits of his case are on display in
Winkelman's Facebook group, where former consultants detail how
they acted in good faith attempting to create a business selling
LuLaRoe products and were unsuccessful because of the practices
outlined in the various class-action complaints.

He said it's realistic to expect a court ruling on class
certification within the next 120 days.

"The fact is 1,300 people contacted our office, and that they tell
remarkably similar stories," Mr. Watson said.  "They tell stories
of being misled, they tell stories of losing money, losing
savings, going deeply into debt, filing bankruptcy.  That story
told 1,300 times to us, or some variation of it, it speaks volumes
that this is a meritorious case." [GN]

LUSH COSMETICS: Faces "Jorge" Suit in Southern District New York
A class action lawsuit has been filed against Lush Cosmetics NY
LLC. The case is styled as Carlos Jorge, on behalf of himself and
all others similarly situated, Plaintiff v. Lush Cosmetics NY LLC,
Defendant, Case No. 1:17-cv-09180 (S.D. N.Y., November 22, 2017).

Lush Cosmetics, LLC is a manufacturer of cosmetics, skin care,
hair care, and body care products.[BN]

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

LYFT INC: Camilo Files Suit Over Unsolicited Text Messages
A class action lawsuit has been filed against Lyft, Inc. The case
is styled as Gustavo Camilo, on behalf of himself and all others
similarly situated, Plaintiff v. Lyft, Inc., Endor Car & Driver,
LLC, Tri-City, LLC and Tri-State Car and Driver, LLC, Defendants,
Case No. 1:17-cv-09116 (S.D. N.Y., November 21, 2017).

Lyft is a San Francisco, car service and rideshare service that
promotes itself as a transportation networking company. It
allegedly sent Lindenbaum autodialed text messages without
consent. [BN]

The Plaintiff appears PRO SE.

LYFT INC: Litigation Team Adopts Nimble Approaches to Arbitration
Jennifer Williams-Alvarez, writing for, reports that like
many law departments at companies disrupting conventional business
models, Lyft Inc.'s in-house team faces challenges in the context
of rapid company growth and legal frameworks that may not have
originally contemplated the ride-sharing business.

To help deal with legal and regulatory obstacles, the San
Francisco company's in-house litigation team has adopted several
strategies, including nimble and thoughtful approaches to the use
of arbitration agreements and motion practice.

As the fourth lawyer in Lyft's legal department back in 2014,
Lindsay Llewellyn, associate general counsel at the company and
head of its litigation team, has experienced more than a few
changes. To match the company's growth, for one, the number of
attorneys in the legal department has grown to the more than 20,
Llewellyn said.

The litigation portfolio has also "changed drastically," she said,
because when she joined the company, enforcers were pushing to
apply more traditional taxi regulations to Lyft and other
transportation network companies. As most states now have
comprehensive ride-sharing regulations, "the atmosphere is just
very different," she said.

These days, the litigation team focuses, in part, on
enforceability of Lyft's class action waiver and arbitration
agreement, Ms. Llewellyn said.  "It's simply not enough to know
what the law was, you know, in California last year, because it's
just constantly being litigated and changing," she noted. "What
we've tried to do is really be proactive on this issue . . . in
being responsible for keeping up with all of the latest trends and
all the changes in the law."

But it's not just the litigation team thinking about arbitration
and class action waivers, Ms. Llewellyn said, as they collaborate
on these issues with the commercial and employment teams at Lyft.

And this approach has worked. "We've had success in a number of
different types of matters where we have decided to move to compel
individual arbitration," she said, explaining that this has ranged
from a passenger-facing consumer class action in a California
state court to a case brought on behalf of both drivers and
passengers in federal court.

"From our view, our success in compelling arbitration is . . .
always a very individualized analysis, because the underlying
facts of every case are different," she said.  "We don't view this
issue as one that we've done before, that's just sort of a cut-
and-paste job."

Of course, arbitration is not always an option.  A consumer-facing
business growing as quickly as Lyft is something of "a natural
target for litigation," according to Llewellyn, which makes early
case strategy another priority for her team.  "When a new case
comes through the door, one of the first things we consider when
we're doing our factual investigation is whether we believe
there's actually a good-faith basis for the claim . . .  and if
not, what methods can we take advantage of" to try to convince
plaintiffs' counsel to voluntarily dismiss the case, she noted.

It's often the right move to make use of motion practice,
Llewellyn said, but not always.  "We try to think really carefully
about whether it makes sense in the long-term to engage in
repeated motions to dismiss or demurrers, because I think it can
be a bit of a knee-jerk reaction as soon as a case is filed to
move to dismiss and do that repeatedly," she said.

Ms. Llewellyn added: "On all fronts . . . I think the company's
strategy is more to engage in thoughtful negotiation and to try to
compromise and reach resolution rather than fighting just to
fight, or filing a motion just to file it." [GN]

MACQUARIE GROUP: Macpherson Kelley Class Action Yet to Commence
Cameron Houston and Chris Vedelag, writing for The Sydney Morning
Herald, report that Macquarie Group will be asked to appear before
a Senate inquiry to respond to allegations that its advisers
artificially inflated the price of a small mining company before a
sudden collapse wiped out hundreds of investors.

Executives and stockbrokers from the country's largest investment
bank are also expected to be grilled over suspicious trading
activity that coincided with a string of positive announcements by
Cleveland Mining Group, which helped its share price to almost
triple in value over a two-month period in 2012.

Australian Greens Senator Peter Whish-Wilson confirmed that he
would ask for Macquarie to appear before an ongoing Senate inquiry
into consumer protection in the banking, finance and insurance

The motion is expected to win the backing of Labor in the Senate,
along with several independent members of the upper house.

"This case raises serious questions about Macquarie Bank's conduct
and how systemic investment strategies of this nature are in the

"Once again, this case underscores the need for a royal commission
to get to the bottom of allegations of this nature," Senator Whish
Wilson said.

Senator Whish-Wilson, who worked as an investment adviser with US
firm Merrill Lynch before entering politics, said the stockbroking
industry had not received the same scrutiny as the banking and
financial planning sectors.

"My guess is there are probably more skeletons in this closet than
any other part of the industry. Equities can be a very high-risk
investment environment, especially trading in low-cap, speculative
mining stocks," he said.

The Age revealed in June that disgruntled investors had launched
legal action against Macquarie, amid claims its brokers had
deliberately "ramped" Cleveland stock by orchestrating the
acquisition of a Brazilian iron-ore mine project with a potential
value of $34 billion.

The mine, in the northern Brazilian state of Amapa, turned out to
be worthless, but helped propel the share price to 95 cents.

Macquarie's then divisional director Michael Rosenbaum and
investment adviser Stefan Whiting have been accused of
artificially inflating the price of Cleveland shares when they
advised clients to buy the stock, according to documents sent to
the corporate regulator by lawyers acting for Cleveland investors.

Macpherson Kelley Lawyers alleged that Mr Whiting played a key
role in the acquisition of the Brazilian iron-ore mine, in an
apparent breach of his conflict-of-interest obligations.

The stock collapsed in late 2012, before it was voluntarily
suspended from the ASX in October 2016, when it traded at just
seven cents.

Mr Whiting and Mr Rosenbaum are both expected to be called before
the senate inquiry, along with Cleveland's chief executive,
directors and investors.

Michael Hazell, of Macpherson Kelley Lawyers, said a Senate
inquiry could help determine if alleged misconduct by Macquarie
advisers had contributed to client losses in other ASX-listed

"We represent a number of clients who suffered losses after
investing in Helix Resources and where some of the circumstances
surrounding those losses are similar to those in the Cleveland
mining matter.  We note that Macquarie has been on notice of these
issues for many years," Mr Hazell said.

In an email from December 2010, Mr Whiting makes reference to a
capital raising for Helix Resources as he spruiked Macquarie's
performance to Cleveland.

"This stock is placed to solid long-term investors of ours who not
interested in selling their holdings for short-term gains.

"Since the stock was issued Macquarie has dominated the trading,
buying 47 per cent of stock traded post capital raising. I trust
these figures will give the Cleveland board comfort that not only
can we complete a capital raising, but also well and truly support
the issue in the all important after market," Mr Whiting said in
the email.

In September, Macquarie finalised a review of advice and trading
activity of its clients who invested in Cleveland. The internal
investigation found that the investment bank had no case to

"Although we appreciate the disappointment for clients who lost
money in Cleveland, the information available to us supports the
conclusion that those losses were occasioned by the underlying
performance of the company, not through any inappropriate action
by Macquarie advisers," said Macquarie's Head Wealth Management
Bill Marynissen.

The bank, known as the "millionaires' factory", only recently
emerged from an enforceable undertaking order from the Australian
Securities and Investments Commission over its "systemic
deficiencies" in compliance with financial services laws.

Mr Rosenbaum and Mr Whiting have denied the allegations of

A Macquarie spokeswoman said the matter related to a class action
being pursued by Macpherson Kelley and in which litigation was yet
to commence.

"Throughout our involvement with both Helix and Cleveland,
Macquarie acted in accordance with all relevant regulatory
requirements." [GN]

MAINE FISH: "Bagley" Suit Seeks to Recover Unpaid Workers Wages
Damien Bagley, Geoffrey Katulka, and Nicole Messeck, on behalf of
themselves and all others similarly situated v. Maine Fish Market
Restaurant, Inc. d/b/a Maine Fish Market and Nicholas Vamvilis,
Case No. 3:17-cv-01946 (D. Conn., November 20, 2017), seeks to
recover unpaid minimum wages, misappropriated tips, unlawful
deductions and other monies pursuant to the Fair Labor Standards

The Defendants own and operate a seafood restaurant and bar
located in East Windsor, Connecticut. [BN]

The Plaintiff is represented by:

      William G. Madsen, Esq.
      402 Asylum Street
      Hartford, CT 06103
      Telephone: (860) 246-2466

NEVADA PROPERTY: Faces "Bowes" Class Suit Over Internet Fees
Charles Bowes and David Kamsler, on behalf of themselves and all
others similarly situated v. Nevada Property 1 LLC d/b/a The
Cosmopolitan of Las Vegas, Case No. 2:17-cv-02913 (D. Nev.,
November 20, 2017), seeks to stop the Defendant's practice of
charging overnight guests a mandatory, per-night resort fee which
includes high-speed Internet access, fitness center access, tennis
court access, and unlimited local, toll-free and domestic long
distance phone calls.

Nevada Property 1 LLC operates The Cosmopolitan of Las Vegas
located at 3708 Las Vegas Boulevard South, Las Vegas, Nevada
89109. [BN]

The Plaintiff is represented by:

      Don Springmeyer, Esq.
      Bradley Schrager, Esq.
      3556 E. Russell Road, 2nd Floor
      Las Vegas, NV 89120-2234
      Telephone: (702) 341-5200
      Facsimile: (702) 341-5300

         - and -

      Joshua T. Ripley, Esq.
      1622 Locust Street
      Philadelphia, PA 19103
      Telephone: (215) 875-3000
      Facsimile: (215) 875-4604

         - and -

      R. Bryant McCulley, Esq.
      1022 Carolina Blvd., Ste. 300
      Charleston, SC 29451
      Telephone: (855) 467-0451
      Facsimile: (662) 368-1506

NEW YORK: Jail Abuses Resulted to $7MM Payouts Since 2015
Reuven Blau and Stephen Rex Brown, writing for New York Daily
News, report that Prisoner Richard Pattiasina was handing out
spoons to fellow inmates in the mess hall at Elmira Correctional
Facility eight years ago, when a corrections officer ordered him
to open the kitchen's front door.

"One second," Mr. Pattiasina responded, according to testimony he
provided in a federal lawsuit he filed in 2012.

The officer, Timothy Sewalt, became enraged, calling him "a little
a-hole bread man." He ordered the inmate, who was serving a 3-1/2-
year sentence for selling drugs, into a kitchen corridor, out of
view of security cameras.

There, Mr. Pattiasina was surrounded by three other jailers while
Mr. Sewalt frisked him and violently tossed him to the ground.

NYC pays out $200G to retirees who hoarded unused vacation days
Mr. Sewalt then kicked him in the groin with such force that it
broke his right testicle, according to the lawsuit.

The inmate was placed in solitary confinement, where he spent
seven excruciating days having his pleas for medical assistance
ignored, before he was finally taken to a hospital and treated for
three days.

Last year, the state Department of Corrections and Community
Supervision quietly agreed to pay Mr. Pattiasina -- now 38 and out
of prison -- $800,000.  The payout was the top settlement or
judgment the department doled out to a single inmate over the past
two years, records show.

Mr. Sewalt, who began his career in 2000, remains on active duty.
The Department of Corrections declined to say if he was
disciplined for his role in the incident, citing a state law that
bars public disclosure of police personnel records.

De Blasio pins blame for 'alarming' OT payouts on aging Rikers
The case was extreme, but far from unique.  The department has
issued payouts to 127 aggrieved inmates and former prison staffers
totaling approximately $7 million over the past 2ยด years,
according to records obtained from the state attorney general's
office through the Freedom of Information Law.

That figure is on the rise.  The department made at least $8.8
million in payouts from 2010 until 2015, the data reveals.

As was the case with Mr. Pattiasina, many of the alleged officer
beatdowns occurred in secluded areas away from video camera
coverage, records show.

Officials say the ballooning payouts do not point to a trend of
rampant abuse by officers in a system consisting of some 50,622
prisoners housed in 54 prisons.

Correction Dept. to face another suit after latest Rikers attack
Inmates file lawsuits alleging mistreatment by officers -- which
can include anything from broken bones to the misuse of solitary

Some of those cases can take years to wind their way through the
court system before they are settled or brought to trial, and that
may be what happened in recent years, officials note.

The increase is also due in part to a comprehensive agreement to
curb the use of solitary confinement in prisons, the result of a
class action lawsuit brought by the New York Civil Liberties

As part of that deal, the state agreed to pay $1.1 million to
cover the NYCLU attorney fees in 2015, court records show.

Beaten Rikers inmate's mom says he baited guards to get money
Equally as important as the cost and number of payouts is the
matter of discipline -- and the potential removal -- of the prison
officers involved in abuse cases.

Critics say the state rarely forwards the cases for criminal
prosecution, and the offending officers frequently remain on the

"These guys don't just get disciplined; (instead) they get
promotions and raises," said attorney Joan Magoolaghan, who
represented Mr. Pattiasina.  "It's an absolute outrage."

A Corrections Department spokesman said that officers who are
repeatedly named in lawsuits are flagged for review.

"The agency reviews settlements and jury awards for purposes of
reevaluating its systems, policies and procedures for reforms,"
the spokesman said.

The state says it is taking a more aggressive approach to
punishing bad officers; a beefed-up internal investigations unit
has been increased to 200 staffers over the past year, up from

"When (the Corrections Department) is made aware of allegations
through either staff or inmate reports, an internal investigation
is immediately conducted by the department's Office of Special
Investigation," a department spokesman said.

"If the allegations are substantiated, (the department) takes
appropriate disciplinary action in accordance with the collective
bargaining agreement, up to and including seeking termination."

The number of substantiated cases of abuse the state says it has
"referred for consideration by outside prosecution" has more than
tripled over the past two years.

The number has already reached 273 in 2017, far higher than the 83
referrals logged in 2016, department records show, though it is
unclear how many of those abuse cases will ultimately be

Mr. Pattiasina's case was not forwarded for criminal prosecution,
the Department of Corrections says, because there was a "lack of
sufficient evidence."

Mr. Sewalt did not respond to a request for comment. [GN]

NORTHLAND GROUP: Faces "Ewert" Suit in Western District of Wis.
A class action lawsuit has been filed against Northland Group,
LLC. The case is styled as Lance Ewert, individually and on behalf
of all others similarly situated, Plaintiff v. Northland Group,
LLC f/k/a Northland Group, Inc., a Minnesota corporation,
Defendant, Case No. 3:17-cv-00891 (W.D. Wis., November 21, 2017).

Northland Group, LLC, is a debt collector.[BN]

The Plaintiff is represented by:

   David Joseph Philipps, Esq.
   Philipps & Philipps, Ltd.
   9760 South Roberts Road, Suite One
   Palos Hills, IL 60465
   Tel: (708) 974-2900
   Fax: (708) 974-2900

      - and -

   Matthew Curtiss Lein, Esq.
   Lein Law Offices
   P.O. Box 761
   Hayward, WI 54843
   Tel: (715) 634-4273
   Fax: (715) 634-5051

PACIFIC WESTERN: Faces Class Action Over Unpaid Overtime Wages
The Los Angeles labor law attorneys at Blumenthal, Nordrehaug &
Bhowmik filed a class action lawsuit against Pacific Western Bank,
alleging that the company failed to properly calculate overtime
compensation for their hourly employees.  Furthermore, the
complaint alleges that Pacific Western Bank, failed to provide
mandatory meal and rest breaks to its employees.  The Pacific
Western Bank lawsuit, Case No. BC682686, is currently pending in
the Los Angeles County Superior Court for the State of California.

The class action complaint claims that the company paid their non-
exempt employees a non-discretionary incentive wage based upon
their performance for the company.  The complaint further claims
that the company also allegedly failed to provide PLAINTIFFS and
the other members of the CALIFORNIA CLASS with complete and
accurate wage statements which failed to show, among other things,
the correct overtime rate for overtime worked, including, work
performed in excess of eight (8) hours in a workday and/or forty
(40) hours in any workweek, and the correct penalty payments or
missed meal and rest periods. Cal. Lab. Code Sec 226 provides that
every employer shall furnish each of his or her employees with an
accurate itemized wage statement in writing showing, among other
things, gross wages earned and all applicable hourly rates in
effect during the pay period and the corresponding amount of time
worked at each hourly rate.

According to the class action complaint, the company's non-exempt
employees were also allegedly unable to take off duty meal breaks
due to their rigorous work schedules.  California labor laws
require an employer to provide an employee required to perform
work for more than five (5) hours during a shift with, a thirty
(30) minute uninterrupted meal break prior to the end of the
employee's fifth (5th) hour of work and a second uninterrupted
meal break when employees are required to work ten (10) hours. The
complaint claims that the company did not provide their employees
who forfeited meal breaks additional compensation.
If you think your company is violating the California Labor Code
and would like to know if you qualify to make a claim, please
contact attorney Nicholas J. De Blouw today by calling
(800) 568-8020.

Blumenthal, Nordrehaug & Bhowmik is an employment law firm with
offices located in San Diego, Los Angeles, San Francisco,
Sacramento, Riverside, and Chicago that dedicates its practice to
helping employees, investors and consumers fight back against
unfair business practices, including violations of the California
Labor Code and Fair Labor Standards Act. [GN]

PAPER SOURCE: Faces "Kiler" Suit in Eastern District New York
A class action lawsuit has been filed against Paper Source, Inc.
The case is styled as Marion Kiler, individually and as the
representative of a class of similarly situated persons, Plaintiff
v. Paper Source, Inc., Defendant, Case No. 1:17-cv-06832 (E.D.
N.Y., November 21, 2017).

Paper Source, Inc. is a paperie and gift retailer.[BN]

The Plaintiff appears PRO SE.

PHILIPPINES: Class Action Mulled Over Marawi City Destruction
Amanda Hodge, writing for The Australian, reports that Hidaya
Serad scrubs the floor of her newly rented Marawi shop space with
sharp, angry strokes as she talks of the destruction of her city
and the looting of her home.

The middle-aged Marawi city budget official returned to her home
in a cleared area of the city -- five months after she was forced
to evacuate with her husband and son -- to find it stripped of
everything they had built.

Now they are cleaning floors and whitewashing walls to start again
as snack-shop proprietors.

"I can't believe the situation we are in," she says bitterly.  "If
it weren't for the military airstrikes we would not have

Hidaya says she was not afraid of the Islamic State-linked
militants who spilled onto the streets of Marawi on May 23 saying
they intended to establish an Islamic caliphate in southern
Mindanao province.

"Without the military airstrikes we could have retaliated, we
could have fought the Mautes ourselves," she says.  "If not for
the airstrikes we would have had time to get our belongings out."

"One hundred per cent people here will want revenge" against the
local Maute Group and Abu Sayyaf militants, but also the military
that razed the city to rout them, she adds.

The Philippines military's declared victory in a fierce urban
battle that killed more than 1,100 people was welcome news to most
Filipinos and their anxious regional neighbours.

But anger is spilling over among Maranaos as they slowly return to
a ravaged, looted city.

Abdul Hamidullah Atar, the youngest of Marawi's sultans, is among
7000 families whose homes and businesses were flattened in the
main battle area of the commercial district, which remains closed
while the military mops up the last terrorist "stragglers", clears
ordinances and pulls bodies from the rubble.

Through his Rido Organisation he has worked for years to counter
extremism and solve conflicts in a Muslim community infamous for
clan violence.

Now he is collecting complaints from displaced Maranaos in
preparation for a class action against The Philippines government
for destroying their city.

"I'm not a lawyer but according to international humanitarian law,
both sides -- the radical groups and the government, violated the
rights of Marawi people," he told The Australian.

"How many illegal arrests were made? How many people the military
branded as ISIS (Islamic State) were nothing of the sort? How many
bombs were dropped on our houses?"

Atar says the only way to prevent a bloodbath of revenge and
further radicalisation among Maranaos -- stripped of their homes
and livelihoods -- is to give them a peaceful outlet for their

"Otherwise we are pushing them to become violent extremists and
that's what we want to prevent.  My wife and I have incomes but
even we feel so very angry and a sense of radicalisation.  Imagine
how those who now have nothing must feel?"

One of the region's most experienced terrorism analysts, Sidney
Jones, also warned of the high risk of radicalisation among
disgruntled Maranaos, and the children and younger siblings of
slain fighters.

While the wealthy seethe, the poorest displaced Maranaos live in
makeshift camps between neighbouring Iligan City and Marawi and
talk of hunger and frustration.

Most are surviving on irregular government rations consisting
solely of tinned sardines, corned beef, coffee, and poor-quality
rice.  The food packs are the same whether they must feed a family
of five or of 10.  Fresh fruit and vegetables disappeared from
rations months ago.

Many in the shelters are from ground zero -- the CBD razed in the
battle -- and the best they can hope for is resettlement to
temporary neighbourhoods of prefabricated huts being built on
Marawi's outskirts.  But those who don't own land in Marawi, whose
families migrated there for work, fear they will be forced back to
their original provinces.

Marawi Crisis Management Committee spokesman Zia Alonto Adiong
confirms that is one proposal being considered in a reconstruction
plan mired in political bickering -- although he is championing a
plan that accommodates all former residents including "settlers".

Some 265 prefabricated huts are to be completed before Christmas
but the National Housing Authority overseeing construction says
wet weather is foiling their schedule.

That is a problem given neighbouring, predominantly Christian
Iligan City has given Muslim Marawi authorities to move the
evacuees out of their halls in time for the Christmas season.

Iligan has been generous during the crisis but the sectarianism
that has always simmered between the two cities is beginning to
boil over.

Some evacuees say they have been knocked back for work there
because they are Muslim and others who have sought rental
accommodation have encountered similar discrimination.

"We understand they are scared because now they think we are all
ISIS," says one.

In fact, Iliganos will say Marawi was a lawless place of
kidnappings, drugs and violence before the terror siege, even if
many were drawn there by well-paid work.

"Our husbands could not go out after work in Marawi because it
wasn't safe for them as Christians," says Melgie Powao.

Her extended Iligano family is missing 10 husbands and sons who
worked on a Marawi highway construction project and were trapped
in the siege.

"They weren't welcome in Marawi yet the Muslims have been treated
well here," the 24-year-old says tearfully.

"The Maranaos cry because they lost their houses.  We cry because
our husbands are missing."

Her sister-in-law, Luisa Mae Pantollono, says her husband took a
job on the same project just one day before the siege.

"I told him it was a dangerous place and asked him if he was OK
not seeing his kids (aged two and three) during the week.  He
promised he would come home every weekend."

None of the women are eligible for relief assistance although they
have lost their children's -- fathers and breadwinners.

"It's unfair for us," says Luisa.  "They (Maranaos) are already
starting to rebuild but how can we do that?

"Right now we are like rivers, we just have to keep flowing
because we have mouths to feed," she said. [GN]

POWERS FRIEDMAN: Faces "White" Suit in Northern District of Ohio
A class action lawsuit has been filed against Powers Friedman Linn
PLL. The case is styled as Cheryl White, on behalf of herself and
all others similarly situated, Plaintiff v. Powers Friedman Linn
PLL, Defendant, Case No. 1:17-cv-02439-CAB (N.D. Ohio, November
21, 2017).

Powers Friedman Linn, PLL provides quality legal advocacy and
counsel to businesses and individuals throughout Ohio.

The Plaintiff is represented by:

   Matthew B. Bryant, Esq.
   Bryant Legal, LLC
   3450 West Central Avenue, Ste. 370
   Toledo, OH 43606
   Tel: (419) 824-4439
   Fax: (419) 932-6719

      - and -

   Gregory S. Reichenbach, Esq.
   P.O. Box 711
   Perrysburg, OH 43552-0711
   Tel: (419) 529-8300
   Fax: (419) 529-8310

REBECCA TAYLOR: Faces "Crosson" Suit in E.D. New York
A class action lawsuit has been filed against Rebecca Taylor, Inc.
The case is styled as Aretha Crosson, individually and as the
representative of a class of similarly situated persons, Plaintiff
v. Rebecca Taylor, Inc., Defendant, Case No. 1:17-cv-06819 (E.D.
N.Y., November 21, 2017).

Rebecca Taylor, Inc. is engaged in designs and sells apparel,
accessories, and shoes for women. It offers clothing products,
such as dresses and jumpsuits, blouses, tops and tees, jackets,
coats and outerwear, sweaters, pants, and shorts and skirts.[BN]

The Plaintiff is represented by:

   Dan Shaked, Esq.
   Shaked Law Group, P.C.
   44 Court Street, Suite 1217
   Brooklyn, NY 11217
   Tel: (917) 373-9128
   Fax: (718) 504-7555

SECURITY CREDIT: Faces "Rahman" Suit in Eastern District New York
A class action lawsuit has been filed against Security Credit
Systems, Inc. The case is styled as Sharzil Rahman, individually
and on behalf of all others similarly situated, Plaintiff v.
Security Credit Systems, Inc., Defendant, Case No. 2:17-cv-06811
(E.D. N.Y., November 21, 2017).

Security Credit was founded in 1983. The company's line of
business includes collection and adjustment services on claims and
other insurance.[BN]

The Plaintiff is represented by:

   Craig B. Sanders, Esq.
   Sanders Law, PLLC
   100 Garden City Plaza, Suite 500
   Garden City, NY 11530
   Tel: (516) 203-7600
   Fax: (516) 281-7601

SHINOLA/DETROIT: Faces "Martinez" Suit in E.D. New York
A class action lawsuit has been filed against Shinola/Detroit, LLC
doing business as: Shinola. The case is styled as Pedro Martinez,
individually and as the representative of a class of similarly
situated persons, Plaintiff v. Shinola/Detroit, LLC
doing business as: Shinola, Defendant, Case No. 1:17-cv-06830
(E.D. N.Y., November 21, 2017).

Shinola/Detroit, LLC was founded in 2011. It is an American
lifestyle brand which specializes in watches, bicycles, and

The Plaintiff appears PRO SE.

SONIC NOTIFY: Judge Dismisses Fan App Class Action
Courthouse News Service reports that a federal judge refused to
dismiss a class action accusing the Golden State Warriors and
Signal Sonic Notify fka Sonic Notify of using a fan app to turn on
users' microphones and record their conversations without consent,
but dismissed claims against the app developer Yinzcam.

The case is LATISHA SATCHELL, Plaintiff, v. SONIC NOTIFY, INC., et
al., Defendants, Case No. 16-cv-04961-JSW (N.D. Calif.).

SONY COMPUTER: Judge Gives Early OK to Reworked PS3 Deal
Helen Christophi, writing for Courthouse News Service, reports
that a federal judge has preliminarily approved a rejiggered Sony
PlayStation 3 class action settlement, after denying final
approval because the deal made it too difficult for PS3 users to
claim their money.

Under the new proposed settlement, class members can file claims
by providing just a PlayStation Network ID, a change that prompted
U.S. District Judge Yvonne Gonzalez Rogers to call the deal "fair,
reasonable, and adequate" in an order issued November 21.

Although Gonzalez Rogers last year tentatively approved an
unlimited settlement fund for purchasers of early-model PS3s, she
later objected to the claims process, which required users to
provide a receipt or serial number for PS3 units that were bought
between 2006 and 2010.

Sony sent emails to nearly 7 million potential class members,
instructing them to call a phone number and use their network ID
to obtain a temporary serial number if they no longer had their
PS3 units.

But Gonzalez Rogers questioned why buyers should call for
temporary serial numbers if Sony could establish proof of purchase
based on their network ID.

"This 'remedial' process begs the question of why the claimants
were required to provide receipts or serial numbers in the first
place, i.e., if Sony already had that information in its database
and could simply confirm the claim by using the claimant's
PlayStation Network ID," she wrote in an order denying Sony's
motion for final approval this past February.

The settlement would compensate people who bought a PS3 believing
it ran a separate Linux operating system in addition to its built-
in gaming system.

The Linux feature was wiped out by an April 2010 software update,
according to lawsuits filed over the change.

Sony agreed to an unlimited settlement fund that would pay $55 to
each class member that used the Linux operating system and $9 to
any class member who bought an early-model "fat" PS3 between Nov.
1, 2006 and April 1, 2010.

James Pizzirusso, Esq. -- -- of Hausfeld LLP in Washington
represents the class, and Sony is represented by Michael Tedder
Scott, Esq. with DLA Piper in San Francisco. Neither attorney
could be reached for comment Wednesday afternoon.

A fairness hearing is set for May 29, 2018.

The case is In re SONY PS3 "OTHER OS" LITIGATION, Case No. 10-CV-
01811-YGR (N.D. Calif.).

Interim Co-Lead Counsel for Plaintiffs and the Proposed Class:

     Kathleen V. Fisher, Esq.
     555 Montgomery Street, Suite 1155
     San Francisco, CA 94111
     Tel: (415) 373-8370
     Fax: (415) 374-8373

        -- and --

     James Pizzirusso, Esq.
     1700 K Street NW, Suite 650
     Washington, DC 20006
     Tel: (202) 540-7200
     Fax: (202) 540-7201

        -- and --

     Gordon M. Fauth, Jr., Esq.
     100 Pine Street, Suite 1250
     San Francisco, CA 94111
     Tel: (510) 238-9610


     Luanne Sacks, Esq.
     Michele Floyd, Esq.
     177 Post Street, Suite 650
     San Francisco, CA 94108
     Tel: (415) 549-0580
     Fax: (415) 549-0640

STUART WEITZMAN: Faces "Jorge" Suit in Southern District New York
A class action lawsuit has been filed against Stuart Weitzman
Retail Stores, LLC. The case is styled as Carlos Jorge, on behalf
of himself and all others similarly situated, Plaintiff v. Stuart
Weitzman Retail Stores, LLC, Defendant, Case No. 1:17-cv-09191
(S.D. N.Y., November 22, 2017).

Stuart Weitzman Retail Stores, LLC operates as a subsidiary of
Coach, Inc.[BN]

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

TOYOTA MOTORS: Faces Class Action Over Defective Takata Airbags
Northern Star reports that a class action has been filed against
Toyota on behalf of affected customers who were affected by the
recall of cars fitted with defective Takata airbags.

Quinn Emanuel Urquhart and Sullivan has filed the class action,
saying it will affect more than half a million Australians.

Similar actions against Honda, Mazda, BMW, Subaru, Audi and
Volkswagen were expected to be filed in the coming weeks.

Consumers who purchased a Toyota, Honda, Mazda, BMW, Subaru, Audi
and Volkswagen other car fitted with a Takata airbag between 2001
and 2017 may be entitled to participate in the class action.

The class action, funded by US litigation funder Regency Funding,
was filed in the Supreme Court of New South Wales on November 10.

It alleges that Toyota is in breach of its obligations to
consumers under the Australian Consumer Law.

Affected? Find out more about class action at

Quinn Emanuel partner Damian Scattini said hundreds of Toyota
owners had already registered to participate in the action since
it was first announced in July.

"Globally, the Takata airbag recall is the largest product safety
recall in history and the number of potentially affected
Australian consumers could make it the largest consumer class
action in Australia," he said.

"Since 2009, more than 2.3 million vehicles in Australia have
become subject to the recall.

"The defective airbags were largely installed in affected vehicles
between 2002 through 2015.

"These airbags have been proven to be lethal and have killed at
least 18 people and injured more than 180 around the world.

"This class action will allow Australians whose vehicles are
fitted with the potentially deadly Takata airbag to seek either a
safe replacement airbag or refund."

Mr Scattini claimed that car manufacturers had known about the
fault for years and "not done anything proactive to try and right

This action is complementary to the Australian Competition and
Consumer Commission's current investigation into car
manufacturers' obligations under the ACL. [GN]

UNITED COLLECTION: Faces "Kapchits" Suit in E.D. New York
A class action lawsuit has been filed against United Collection
Bureau, Inc. The case is styled as Valentina Kapchits, on behalf
of herself and all other similarly situated consumers, Plaintiff
v. United Collection Bureau, Inc., Defendant, Case No. 1:17-cv-
06873 (E.D. N.Y., November 22, 2017).

United Collection provides debt collection services for companies,
government, healthcare, utility, financial service, communication,
and students.[BN]

The Plaintiff is represented by:

   Maxim Maximov, Esq.
   Maxim Maximov, LLP
   1701 Avenue P
   Brooklyn, NY 11229
   Tel: (718) 395-3459
   Fax: (718) 408-9570

UNITED STATES: Cambodian Former Refugees' Class Action Pending
Khuon Narim, writing for Khmer Times, reports that Cambodia has
sent officials to interview refugees in the United States who are
subject to deportation orders.

Interior Ministry spokesman General Khieu Sopheak said about 50
refugees had been interviewed but no decision had been made on
their repatriation.

In October, US Immigration and Customs Enforcement (ICE) agents
detained more than 100 Cambodian former refugees and gave them
final deportation orders.

Cambodia and the US have not made progress on updating a 2002
agreement covering repatriations of former refugees.  The Trump
Administration issued visa sanctions against some senior Cambodian
officials in September after talks on a new agreement on
repatriation dragged on.

The sanctions prompted Cambodia to offer to interview people for

US embassy spokesman David Josar said there was nothing new to add
to the issue. ICE spokesman Bendan Raedy said international law
obliged each country to accept the return of its nationals ordered
to be removed from the US.

"The United States continues to work with the government of
Cambodia to establish a reliable process for the issuance of
travel documents and their acceptance of the prompt, lawful return
of Cambodian nationals who are subject to removal from the United
States," he said.

He said also that there were at least 534 travel document requests
pending with Cambodia, stretching back to 2008.

More than 1,900 Cambodian nationals living in the United States
are subject to a final order of removal, of whom 1,412 have
criminal convictions.

In October, a lawyer for Asian Americans Advancing Justice filed a
class action nationwide lawsuit demanding the release of

There has not yet been any progress through the courts.

Almost all of those affected arrived in the US as infants who fled
with their families in the 1970s from the Khmer Rouge genocide.

Many were born in refugee camps in Thailand and the Philippines,
and have never set foot in Cambodia, nor speak Khmer.

In the US, Cambodian-refugee communities struggle with unaddressed
trauma, poverty, and violence-ridden neighbourhoods

No one from the Cambodian Foreign Affairs Ministry or the general
immigration department could be reached for comment. [GN]

UNITED STATES: Medicare Advocacy Groups Push for Class Action
Walecia Konrad, writing for CBS, reports that there's no stopping
Mary Higgins.  The 95-year-old Wilmington, Delaware, resident
lived in her own apartment and, with the help of her dear friend
of 50 years, Regina Titus, mostly took care of herself.  A nasty
fall last July, however, landed Ms. Higgins in the hospital with
two broken legs and a broken foot.

She was treated for her injuries in a nearby hospital and then
moved to a skilled nursing facility in the area for physical
therapy and other rehabilitation services.  In the following
months, Ms. Higgins has slowly been healing and gaining mobility.
She recently graduated from a wheelchair to a walker.

However, Ms. Higgins' remarkable recovery comes with a big price
tag. Because of a common and often misunderstood Medicare billing
policy, she must pay the weekly nursing facility bill of $2,340
out of her own pocket, according to Ms. Titus, who has power of
attorney for Ms. Higgins.  "She is up to about $50,000 now," said
Titus.  "I'm getting so worried about Mary's funds."

What's going on? Although Medicare doesn't cover general custodial
nursing home care -- such as help with daily living, administering
medicine, etc. -- it does pay for prescribed follow-up treatment
in a skilled nursing facility with specialized care. To qualify
for this benefit, though, Medicare patients must have previously
stayed in a hospital for three days, not counting the day of

Because Ms. Higgins had been in the hospital five days, she and
Titus figured everything was all set.

Except for one big problem: Ms. Higgins was admitted to the
hospital under "observation" status.  For Medicare billing
purposes, that means she was considered an outpatient.  As a
result, she didn't have three inpatient days in the hospital and
thus didn't qualify for follow-up care in a skilled nursing

That's despite the fact that she received the same tests,
treatments medications and food that she would have gotten if she
had been an inpatient.  "The main thing is this word observation,"
said Ms. Titus.  "It doesn't mean what you think it means."

Ms. Higgins' case is far from unusual.  Between 2013 and 2014,
outpatient stays increased by 8.1 percent, according to a report
by the Office of Inspector General. And research from the AARP
Public Policy Institute found that two-thirds of hospitalized
patients who needed skilled nursing follow-up care paid a
significant portion of those costs themselves because they didn't
meet the three-day inpatient requirement.

"We get calls on this every day," said Toby Edelman, senior policy
attorney with the Center for Medicare Advocacy.  "In one of our
cases, the person was there for 39 days. How can you be an
outpatient for 39 days?" She explained that hospitals often
classify patients with the observation or outpatient status to
avoid aggressive Medicare audits and high readmission penalties.

Getting caught in this billing trap aren't just patients who need
skilled nursing care.  People who are discharged back to their
homes can also pay more.

Most hospital stays are covered by Medicare Part A, which, after a
deductible, covers all costs.  But this applies only to
inpatients. Outpatient (or observation status) care is covered by
Medicare Part B, which doesn't have a deductible but does charge a
20 percent co-pay for hospital costs.

Part B also doesn't cover medicines administered at the hospital.
For outpatients with extensive hospital stays and treatment, the
co-pays and medicine costs can add up quickly -- and those bills
can often come a surprise.

What you can do
Pay attention to the vocabulary.  In the language of Medicare
billing, common terms can have a very different meaning. Most
seniors figure observation means the hospital staff is running
some tests and keeping an eye on them.  Outpatient, they figure,
means people who don't stay overnight.

When it comes to Medicare billing, however, be clear that
observation and outpatient are designations the hospital
admissions staff assigns to you and often have nothing to do with
the treatment you receive or the length of your hospital stay.

Ask about your status while you're in the hospital.  A new rule
passed in March requires hospitals to notify patients that they
are on observation within 36 hours of being admitted.  But that's
too long to wait to find out you're not an inpatient if you're
going to need follow-up care. Make sure you or whoever is
assisting you in the hospital finds out what your admission status
is. If it's observation, ask if it can be changed.

This isn't easy to do.  You may need to enlist the help of your
general practitioner or family doctor.  He or she knows your
medical background and can help convince the hospital doctors that
you need inpatient coverage because you may require follow-up

Keep an eye on the current class action.  Unfortunately, Medicare
has no appeals process for inpatient and outpatient status. It's
almost impossible to get the designation changed after you leave
the hospital.  So the Center for Medicare Advocacy and other
groups have been pursuing a nationwide class action that would
establish a way to appeal.

Last July a federal judge in Connecticut certified the class in
the lawsuit as all Medicare recipients who have been hospitalized
and received observation services as outpatients since Jan. 1,
2009.  This may eventually open the door for patients like Mary
Higgins to file an appeal.  "For now, I just hope she continues to
improve and gets better before her money runs out," said Titus.
"We just don't know what the future holds."

For more information on observation status and what to do if
you've been affected by it, check out the Center for Medicare
Advocacy's self-help packet. [GN]

WESTERN WINDOW: "Portelli" Class Suit Filed in California
A class action lawsuit has been filed against Western Window
Systems, LLC, a Missouri Limited Liability Company. The case is
styled as Eric Portelli, individually, on behalf of himself and
all others similarly situated, Plaintiff v. Western Window
Systems, LLC, a Missouri Limited Liability Company, WWS
Acquisition, LLC doing business as: Western Window Systems a
Missouri Limited Liability Company and DOES 1 through 50,
inclusive, Defendants, Case No. 3:17-cv-02367-DMS-BLM (S.D. Cal.,
November 21, 2017).

Western Windows Systems, LLC designs, manufactures, and markets
custom door and window systems in the United States. It also
provides residential, commercial, and volume program sales
throughout the United States, Canada, and Mexico.[BN]

The Plaintiff is represented by:

   Alexander Robertson, IV, Esq.
   Robertson & Associates LLP
   32121 Lindero Canyon Road, Suite 200
   Westlake Village, CA 91361
   Tel: (818) 851-3850

YELP INC: 9th Cir. Affirms Shareholder Class Action Dismissal
Courthouse News Service reports that a Ninth Circuit panel on
November 21 agreed with a federal judge's dismissal of a
shareholder class action against Yelp, finding the investors
failed to adequately link a drop in Yelp's share price to
complaints it tampered with reviews.

The appeals case is JOSEPH CURRY, Individually and on Behalf of
All Others Similarly Situated; CITY OF MIAMI FIRE FIGHTERS' AND
ADAMS, Individually and on Behalf of All Others Similarly
KROLIK; GEOFFREY DONAKER, Defendants-Appellees, v. DRU L. PIO,
Movant, No. 16-15104 (9th Cir.).

ZARA USA: Faces "Jorge" Suit in Southern District New York
A class action lawsuit has been filed against Zara USA, Inc. The
case is styled as Carlos Jorge, on behalf of himself and all
others similarly situated, Plaintiff v. Zara USA, Inc., Defendant,
Case No. 1:17-cv-09183 (S.D. N.Y., November 22, 2017).

Zara USA Inc. is a clothing and accessories retailer.[BN]

The Plaintiff is represented by:

   Daniel Chaim Cohen, Esq.
   Daniel Cohen PLLC
   407 Rockaway Avenue, 3rd Floor
   Brooklyn, NY 11212
   Tel: (646) 645-8482

* Activists to Implement The Bail Project Following Suits
Robert Patrick, writing for St. Louis Post-Dispatch, reports that
beginning in January, activists will station themselves at jails
in St. Louis and elsewhere around the country and begin using a
$16 million bail fund in a bid to combat the so-called
criminalization of race and poverty.

The program's proponents say it will save hundreds of millions of
taxpayer dollars now spent to house detainees, and spare those
arrested from job losses, loss of custody of children, suicide,
sexual victimization and other consequences of time spent behind

Called The Bail Project, the charitable initiative is modeled
after a program that has been running in New York for a decade
called The Bronx Freedom Fund.

That fund says that 96 percent of those bailed out by the program
return to court for every appearance, and in 55 percent of cases
the charges are ultimately dismissed.  In 40 percent of cases, the
result is a violation similar to a traffic ticket that will result
in no criminal record.

If people arrested remain in jail because they can't pay their
bail, 92 percent will plead guilty, even if they did not commit
the crime, the fund says.

Thomas Harvey, executive director and co-founder of the nonprofit
ArchCity Defenders law firm in St. Louis, is leaving to become The
Bail Project's national director of strategic relationships and
advocacy.  The project was being announced on Nov. 13.
Information was provided to the Post-Dispatch under an embargo
that restricted publication until Nov. 13 at 5 a.m. St. Louis

The Bail Project said the goal is to free 160,000 people in five
years, in part by reusing the money in a revolving fund that's
replenished when a case is concluded and the bail is returned to
the group.  They will also collect an unprecedented level of data
on those they help, he said.

Mr. Harvey said 450,000 people are in jail around the country.

"There is no other place in the criminal legal system where money
more clearly buys justice than bail," Robin Steinberg, founder and
CEO of The Bail Project, said in statement.  "And make no mistake
about it, communities of color, low-income communities and women
bear the disproportionate impact of this profound injustice.  Our
project's mission is to reduce the unacceptable human suffering
caused by unaffordable cash bail, and build on ongoing community
efforts to end the coercive and discriminatory impact of these
systemic abuses."

The program will be in contact with public defenders offices and
also rely on community organizations to identify needs and help
provide support services to ensure defendants return to court, Mr.
Harvey said.  The "primary metric" will be the number of people
released.  But the project will focus on those with connections to
the communities and those with medical or other issues that make
them most in need of release.

The project says 41 percent of sexual victimization happens in the
first three days after an arrest and almost half of suicides and
other deaths in jail happen in the first five days.

"We're going to hopefully get these people out, get them into the
community, hopefully avoid all the negative effects," Mr. Harvey

Mr. Harvey said the details are still being worked out, but the
local effort will focus on jails in St. Louis city and county.

The bail reform movement is decades old, but has heated up in
recent years, in part because of the protests and reforms that
followed the 2014 shooting of Michael Brown in Ferguson.

The Pretrial Justice Institute says that nearly two-thirds of
people in local jails are awaiting trial and have not been
convicted of a crime, and many are facing only low-level,
nonviolent charges.

A series of lawsuits have been filed in the St. Louis area and
across the country challenging the use of cash bail and other jail
and court practices, saying that the system is unconstitutional
and unfairly burdens and penalizes the poor. Those include
lawsuits by ArchCity against 30 cities, Mr. Harvey said.

Jennings agreed last year to pay $4.7 million to settle a class-
action lawsuit filed by ArchCity Defenders that said nearly 2,000
people spent a collective 8,000 nights in jail after being unable
to pay court fines and fees.

Voters, legislators and judges, including in Chicago and
California, are also taking action.

But some officials and those in the bail industry have warned that
the effort could lead to more crime from those who are released
and cost hundreds of millions of dollars.

Bail reform was also one of the issues community members raised at
a "listening session" held by then-St. Louis Circuit Judge Jimmie
Edwards and St. Louis Circuit Judge Jason Sengheiser in October to
address distrust of the court system.

Mr. Edwards has since become director of public safety in St.

Mr. Harvey expects the project to attract attention, and perhaps
change minds.  "Once they grasp that people are sitting in jail
before being convicted of anything," and a judge says "you can go
home . . . if you have $1,000," Mr. Harvey said, "most people
grasp that that's a fundamentally unfair thing." [GN]

* ISA May Help Pay for Binary Options Victim's Class Action
Times of Israel reports that Shmuel Hauser also says Israel
Securities Authority cannot get  Simona Weinglass, writing for The
Times of Israel, reports that two weeks after the passage of a law
that outlawed Israel's entire binary options industry, Israel
Securities Authority chairman Shmuel Hauser told The Times of
Israel that he was "very troubled" by the possibility that binary
options fraudsters are now entering the field of cryptocurrencies,
where they may be seeking to perpetrate the next big scam.

"We're very concerned about initial coin offerings and
cryptocurrencies," Mr. Hauser said.  "We don't want this to become
the next mutation of binary options or a haven for fraudsters."

In an hour-long interview at the Israel Securities Authority
offices in Tel Aviv, Mr. Hauser told The Times of Israel that the
international response to the passage of the law on October 23 was
"very positive" and that "we got responses from all over the
world, from Canada, the United States and Europe.  They all said
they were very pleased by what we did and by our commitment."
International law enforcement authorities had been urging Israel
to shut down the widely fraudulent industry, which had been
scamming victims worldwide.

On October 23, the Knesset unanimously voted to ban the entire
Israeli binary options industry, a vast, multi-billion dollar scam
that has defrauded millions of people.

The law, which takes effect in late January, came about as a
direct result of The Times of Israel's investigative reporting on
the fraud, which began with a March 2016 article entitled "The
wolves of Tel Aviv: Israel's vast, amoral binary options scam
exposed."  The law gives all binary options firms the intervening
three months to cease operations. After that, anyone involved in
binary options -- where fraudsters promised lucrative short-term
investments but fleeced their victims through rigged trading
platforms, refusal to pay out, and a multitude of other ruses --
faces up to two years in jail.

Mr. Hauser said he plans to enforce the law diligently.  As soon
as it goes into effect in January, anyone caught offering binary
options will face arrest and prosecution, he vowed.

"The law is worded in such a way that as soon as someone acts he
is breaking the law.  He cannot act without receiving a license,
and he will not get a license if he asks for one.  So any binary
options activity is breaking the law. You can't offer it, period."

He added, "I don't think that will be an issue.  I think problems
might arise if someone invents something that is not called binary
options but is the same thing in disguise.  That's what we'll have
to keep an eye on.  But the moment we find out about it, we have
the ability to investigate and stop it."

Asked if the thousands of Israeli binary options fraudsters who
stole billions of dollars will go unpunished and be allowed to
keep the proceeds of their crimes, Mr. Hauser replied that the new
law does not give him the authority to act against people who
committed binary options fraud in the past.

"If, going forward, someone tries to offer binary options, we will
address it.  But if someone was fraudulently selling binary
options in the past, that is not under our jurisdiction; it is the
responsibility of the police."

Even then, he added, such crimes may not be easy for the police to

"The police have to have concrete evidence.  Without it, they
won't be able to arrest anyone.  We can't just arrest people
because we think they might be thieves. Look at organized crime,
the police are always pursuing the [criminals] but can only catch
them when they have concrete evidence.  Al Capone was never
prosecuted for murder or accused of murder.  In the end he was
prosecuted for tax evasion."

Asked if the police have any plans to arrest binary options
fraudsters who operated in the past, Mr. Hauser replied, "I don't
know.  I assume if people file complaints and the police have
concrete evidence, they will do what is expected of them."

Can victims get their money back?

The Times of Israel has received countless emails from victims of
binary options asking how they can get their money back.  We have
also heard from victims who were scammed a second time by false
saviors promising to help them recover their lost funds, demanding
an up-front fee, and then disappearing with the money.

Pressed on the issue of the stolen billions, Mr. Hauser said
emphatically, "We cannot return victims' money."  He did indicate,
however, that the Israel Securities Authority might be able to
offer limited assistance to victims by helping to pay for class
action lawsuits brought by victims in Israeli courts.

"We don't have civil authority like the Securities and Exchange
Commission in the United States.  Even with other types of
securities fraud we've prosecuted, when the perpetrator goes to
jail, the money does not go back to the victim.  A victim who
wants his money back has to file a class action lawsuit.  We
sometimes financially support the class action lawsuit if we think
it has a chance. That is something that can happen, but someone
has to take the initiative."

'It is up to the police to act'

While he is alarmed at the prospect of thousands of binary options
fraudsters using their skills and resources to plot the next scam,
Hauser was adamant that the ISA's authority to act against them is
limited.  He only has the authority to investigate the next scam
if it constitutes a violation of securities laws, he said.

He too has heard reports, he said, that some Israeli companies
offer to help binary options victims get their money back, take a
fee and then fail to follow through, but, he said, to the extent
that this is happening, it is not a securities violation.

"That sounds like it could be fraud, but it's something the police
have to address; it's not our jurisdiction.  The police have tens
of thousands of employees; we're a very small government agency,"
Mr. Hauser noted.  "And that's why our authority is limited to one
specific area."

To emphasize how limited his authority is, Mr. Hauser described a
media campaign a few years ago in which people opposed to what
they considered his strong regulatory hand made ad hominem attacks
against him in newspapers, referring to his ex-romantic partners
and how unhappy they were with him.

"Someone had written the article falsely using the name of a
doctoral student at the University of Haifa.  There was nothing I
could do about it. I had to go to the police myself."

Mr. Hauser said he is aware of other scams being perpetrated by
binary options fraudsters, like "diamond investments" offered by
French-speaking salespeople sitting in call centers in Israel, and
possible cryptocurrency scams.  But in each case, he said, he
needs to determine what the ISA's jurisdiction is and what is the

"Initial coin offerings have components that are similar to public
offerings, but in most cases they're not a security, so to the
extent that someone is committing fraud in connection with initial
coin offerings, it may not be our jurisdiction."

Asked if the Israel Securities Authority has considered
instituting a whistleblower program, like those in the United
States and Canada, where citizens can come forward with evidence
of wrongdoing and receive a financial reward, Hauser said he had
considered and rejected the idea.

You can sit in a classroom in Israel with people copying on a test
and no one will say anything

"We have spoken about whistleblower programs many times. It's very
problematic.  There are people who blow the whistle out of moral
conviction and not for money.  The issue of money complicates
things and we don't think it would be viable from a legal point of
view," he said.

In any case, added Hauser, he does not think Israel has a
"whistleblowing culture."

"You can sit in a classroom in Israel with people copying on a
test and no one will say anything.  In the United States, I think
if people see a student copying on a test they will say

Despite ten years of metastasizing fraud, the Israeli police have
arrested fewer than 20 binary options fraudsters, and not a single
one has been convicted.

The Times of Israel asked the Israel Police if it is investigating
large-scale binary options fraud and other types of scams
perpetrated by Israelis against victims abroad.  Spokesman Micky
Rosenfeld said: "I can neither confirm nor deny that there are
investigations taking place. If victims file complaints, then it
stands to reason that the police are investigating them."

Why was the law watered down?

The law that passed on October 23 was a constrained version of a
law drafted by Hauser that was introduced earlier this year.  The
original bill would not only have banned the entire binary options
industry, but also forex and CFD companies that operate from
Israel without a license.

It was subsequently watered down to apply narrowly to binary
options.  Critics have charged that this creates a loophole and
that, with the new law in place, fraudulent binary options
companies can simply tweak the product they offer and continue to

Asked why it was so difficult to pass the binary options law in
its original form, Mr. Hauser replied, "I think in general there
was consensus.  But there was a fear that the tech companies -- I
don't know if it was a real fear or if something was hiding behind
it -- would not be able to continue with their activity of tech
development, and also that we did not express enough concern for
the people who would be losing their jobs."

(At a Knesset Reforms Committee meeting on August 7 where the bill
was being finalized, representatives of the binary options
platform provider SpotOption argued that the law to ban binary
options would prevent them from selling their technology, which
they argued should be separate from the product itself.)

Hauser rejected the notion that the curtailed law reduces the
Israel Securities Authority's powers.

"The original law was general. Our thinking was that if someone
comes along and offers binary options but calls it something else,
say, 'pink flower,' we wanted to make sure they could not do it.
But then legal advisers said the law was too broad, because forex
trading platforms are permitted by Israeli law."

Hauser said the law was changed in an effort to be more precise
and that it does not detract from the ISA's authority to stop
similar scams.

"If we think there is an instrument that is a binary option
dressed up as something else, we have the option to go to the
finance minister and ask for the authority to stop it.  We don't
need the expanded [earlier] version of the law that referenced
forex as well."

With the binary options ban going into effect in January, most
binary options firms have already left Israel, Hauser told The
Times of Israel.

"I hope they are not moving to other countries where they will let
them do this. If Israelis are operating scams in other countries
it will blow back against us," he lamented.  "But you can't say
the Israeli Securities Authority did not do everything possible to
stop this." [GN]

* Sen. Susan Collins Votes to Repeal CFPB's Arbitration Rule
Todd Mason, writing for Bangor Daily News, reports that in October
Sen. Susan Collins once again demonstrated her support of Maine's
credit unions and other local financial institutions by voting to
repeal the Consumer Financial Protection Bureau's arbitration
rule.  While some view and criticize her vote as anti-consumer,
her vote was decidedly pro-consumer.

The rule would have banned most forced arbitration clauses and
allowed consumers to join together to sue their bank or credit
card company to resolve financial disputes.  Had the rule gone
into full effect, it would have emboldened trial lawyers to seek
out frivolous lawsuits that often generate large legal bills
benefiting themselves, but provide minimal relief to those they
represent.  The bureau's own data show that the average payout to
consumers is $32.35.

The U.S. Department of Treasury found that the rule would have
generated an additional 3,000 class actions over the next five
years, resulting in "extraordinary costs" for businesses.  It
estimated that additional class actions would have cost businesses
more than $500 million in additional legal defense fees, $330
million in payments to plaintiffs' lawyers, and $1.7 billion in

Because credit unions are owned by their members, the burden of
the higher legal costs would have been borne directly by members.
Worse, over the past few months, credit unions have even been
plagued by demand letters and litigation threats from trial
lawyers allegedly representing the interest of consumers who are
not even members, which equates to the resources of the membership
primarily being redirected to trial lawyers.

When the rule was being finalized 399 members of Congress,
including Collins, signed a letter to the bureau asking it to
tailor the rule to address bad actors and to limit the impact on
credit unions and community banks, a request that was not
addressed in the rule's final form. If it had, the outcome and our
position might have been different.

The rule failed to take into account the different size and
structure of credit unions and the harm that class-action
litigation can cause them.  In the United States, nearly half of
all credit unions, 2,708 out of approximately 6,000 credit unions,
have five or fewer full-time employees.  More than half have
assets of less than $50 million.  Moreover, credit unions with
less than $20 million in assets account for more than 40 percent
of all U.S. credit unions.

Let me be clear, Maine credit unions do not use or enforce
arbitration clauses on a widespread basis.  Both disputes with
their members and the existence of arbitration clauses in credit
union contracts are infrequent, and the evidence can be found in
consistently high consumer ratings.  Credit unions' member
ownership structure means we tend to pull out all the stops to
work with members who may find themselves in a dispute with their
credit union in order to come to a solution that is good for all

Having the option of arbitration gives consumers, credit unions
and their members a chance to stay out of court, adding a layer of
protection for all members' pooled resources.

We understand the important place regulations have in our
industry, but the bureau's one-size-fits-all approach failed to
recognize that credit unions are different than Wall Street banks.
Because of Collins, credit unions can continue to work with their
members on legal matters in ways that are fair and make sense for
everyone involved.  The arbitration rule would have been harmful
to the very consumers it is supposed to help, and we thank Collins
for her vote to protect the resources of credit union members.

The bureau should be using its rules to stand up to those who
abuse consumers, not deprive demonstrably consumer-friendly
entities of every tool at their disposal to do what's best for
their members.  In the case of Collins, we appreciate her doing
what the bureau would not -- stand up in support of our members,
the nearly 700,000 Maine consumers that use a credit union.

Todd Mason is the president and CEO of the Maine Credit Union
League, the state trade association for Maine's 56 credit unions
with nearly 700,000 members. [GN]

* Two Alaska Senators Vote to Repeal CFPB's Arbitration Rule
Joe Schierhorn, writing for Newsminer, reports that two Alaska
senators recently joined a majority in the U.S. Senate in voting
to repeal a rule issued this summer by the Consumer Financial
Protection Bureau.  The rule limited consumers' legal options by
effectively banning arbitration as a means to resolve disputes
over financial products.  Instead, the bureau wanted to force
Alaskans to navigate the court system where class-action lawyers
waited to earn fat fees, but the CFPB's own data tells us
consumers usually end up with little if anything from class-action

Thankfully, both houses of Congress stepped in and repealed the
rule with courageous lawmakers like Sens. Lisa Murkowski and Dan
Sullivan as well as Rep. Don Young choosing consumers over class-
action lawyers.

Congress acted after both the Treasury Department and the CFPB's
fellow regulator, the Office of the Comptroller of the Currency,
issued reports criticizing the rule and warning of its negative
consequences for consumers if they lost access to arbitration.

Members of Congress had to see through a lot of misinformation
from class-action lawyers and other CFPB supporters about how
consumers fare in arbitration versus class actions.  The CFPB's
own study of the issue showed that in cases where arbitrators
found for consumers and granted an award, the average award was

Meanwhile, in 87 percent of class-action settlements the bureau
studied, consumers received nothing.  The 13 percent that did
result in settlements only got money to an estimated 4 percent of
class members -- and the average amount was just $32.35.  The real
beneficiaries were the class-action lawyers themselves, who
pocketed $424 million, or $1 million per case.  Those are the
CFPB's own numbers.

During the debate on Capitol Hill, some CFPB supporters suggested
that the rule would have protected customers whose personal
information was compromised in the Equifax data breach.  But the
rule wouldn't have applied to the breach.

Furthermore, some CFPB supporters raised concerns that repealing
the rule could hurt our military men and women, but service
members are already protected by a separate law, the Military
Lending Act, that covers almost all financial transactions.  The
rule's repeal does not affect that law.

The reality is few people in or out of the military ever have a
dispute like this, and when they do it's usually resolved quickly
and amicably between customers and their financial institution
without ever having to consider arbitration or court.

In 2016, for example, credit card accounts had only a 0.006
percent complaint rate.

The facts are clear: Arbitration is an independent, neutral way to
resolve disputes fairly, quickly and to consumers' advantage. It's
certainly preferable for banks and other businesses that want to
work with their customers to find solutions without needlessly
enriching class-action lawyers and, most importantly, it's also a
better deal for consumers.

The CFPB's own study shows that consumers who prevail in
arbitration win 166 times compared with those who prevail in class

Sens. Murkowski and Sullivan were wise to vote in favor of this
pro-consumer repeal, and we thank them for standing up for

Joe Schierhorn is president of the Alaska Bankers Association.


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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