/raid1/www/Hosts/bankrupt/CAR_Public/190726.mbx
C L A S S A C T I O N R E P O R T E R
Friday, July 26, 2019, Vol. 21, No. 149
Headlines
1ST CLASS STAFFING: Chavez Labor Suit Removed to C.D. Cal.
ABT ELECTRONICS: Dawson Alleges Violation under ADA
ADRIA OPERATING: Dominguez Files ADA Suit in S.D. New York
ALBANY RESTAURANT: Perez Sues Over Unpaid Minimum Wage, OT Pay
ALDOUS & ASSOCIATES: Depano Files FDCPA Suit in E.D. California
ALLTRAN EDUCATION: Fields Files FDCPA Suit in South Carolina
AMAZON.COM INC: Wilcosky Sues over Collection of Voice Data
AXEL ARIGATO: Dawson Files Class Suit in New York
B&I CONTRACTORS: Underpays Pipe Fitter Foremans, Allen Says
BLACKSTONE LABS: Kavlakian Moves to Certify 2 Classes Under TCPA
BRISTOL FARMS: Website not Accessible to Blind Person, Farr Says
BRUSH HOLLOW INN: Dominguez Files ADA Suit in S.D. New York
CALIFORNIA BABY: Reid Files ADA Suit in S.D. New York
CALIFORNIA: Faces Suit over Constitutionality of Age-Based Gun Ban
CANNABIS & GLASS: Frank Suit Removed to E.D. Washington
CHECKERS DRIVE-IN RESTAURANTS: Dinh Sue over Customer Data Breach
CHEQUIT LLC: Nisbett Files ADA Suit in S.D. New York
CIGNA CORPORATION: Wrongfully Denied Lipedema Surgery Claims
CLEAN SCAPES: Cantu Seeks Overtime Pay, Hits Illegal Deductions
COLEMAN-RAYNER LLC: Larsen Labor Suit Removed to C.D. Cal.
CWS APARTMENT HOMES: Bamundo Sues Over Denied Overtime Pay
DAVINES NORTH AMERICA: Dawson Files ADA Suit in S.D. New York
DIEBOLD NIXDORF: City of Dearborn Police System Files Class Action
ECO FLOWER: Beck Seeks Certification of National Consumer Class
ENDLISS TECHNOLOGY: Vaccari Alleges False Advertising of Belts
ENHANCED RECOVERY: Millan Files FDCPA Suit in Nevada
ENHANCED RECOVERY: Smaia Files FDCPA Suit in E.D. New York
EQT CORP: Cambridge Retirement System Sues over Share Price Drop
EQT CORPORATION: Glover Files Suit in N.D. West Virginia
EVERSOURCE ENERGY: PNE Appeals D. Mass. Decision to First Circuit
FAMILY DOLLAR: Lewandowski Files Class Suit in Pennsylvania
FINANCIAL CREDIT: Faces McMillan FDCPA Suit in N.D. Oklahoma
FIRST NATIONAL: Miller Sues over Debt Collection Practices
FORSTER & GARBUS: Wins Bid to Dismiss Bencomo's Amended Complaint
GENERAL MOTORS: Lupis Files Product Liability Suit in Mass.
GIBBS INTERNATIONAL: Perez Files Suit in Cal. Super. Ct.
GRAND CIRCLE: Macaskill Suit Removed to Mass. Dist. Ct.
HAWAII: Kriege Files Prisoner Civil Rights Suit
I-HEALTH AND LIFE: Bleau Hits Illegal Telemarketing Calls
I.C. SYSTEM: Aristega Sues over Debt Collection Practices
INDIANA: Taylor Files Class Suit v. Prison Officials
INNSIDE VENTURES: Fischler Files Class Suit in New York
INTEGRITY STAFFING SOLUTIONS: Williams Sues over BIPA Violations
JOHNSON & JOHNSON: Gutierrez Suit Removed to S.D. California
JOHR GROUP: Friedman Suit Removed to S.D. Florida
JP MORGAN: Faces Barbano Suit over Violation of RESPA
KAISER FOUNDATION: Moura Appeals N.D. Calif. Ruling to 9th Cir.
KIEWIT CORPORATION: Fails to Pay Proper Wages, Avila Suit Claims
KON'TO EURO CARIBBEAN: Fails to Pay Proper Wages, Almanzar Says
LUMINESS DIRECT: Appeals Ruling in Ruthrauff Suit to 11th Circuit
M.A.C. COSMETICS: Fails to Pay Proper Wages, Singer et al. Allege
MAXDELIVERY LLC: Dicarlo Sues over Unequal Website Access
MCDONALD'S RESTAURANTS: Wilson Suit Seeks Refund of Laundry Costs
MERCURY INDEMNITY: Williams Seeks Full ACV Payments
MICHIGAN: Fox Files Civil Rights Suit v. Counties
MIDLAND CREDIT: Moses Files FDCPA Suit in Pa.
MIDWEST CAN: Improperly Collected Fingerprints, Wydra Alleges
MILK MAKEUP: Dawson Alleges Violation under Disabilities Act
MONSANTO COMPANY: Hoge Sues over Sale of Herbicide Roundup
MRS BAKING: Ahmed Seeks to Recover Unpaid Overtime Wages
OEI HOLDINGS: Alcazar Seeks Minimum & Overtime Wages
OFFICE DEPOT: Ninth Circuit Appeal Filed in Alvarez Class Suit
OHEKA MANAGEMENT: Dominguez Files ADA Suit in S.D. New York
OHIO: Ibrahim Seeks Certification of Refugees Class in CRIS Suit
OHIO: IJPC Moves to Certify Class of Non-Citizens' Minor Children
OLD NAVY: Barba Files Tort Class Suit in Cal. Super. Ct.
OMNI FAMILY HEALTH: Ower Files Suit in Cal. Super. Ct.
OPTIO SOLUTIONS: Perez Files FDCPA Suit in M.D. Florida
OPTUM 360: Smith Files Class Suit in Minnesota
OUIDAD HOLDINGS: Dawson Files Class Suit in New York
PARTNERS HEALTHCARE: Uses Outdated Benefit Plan Rates, Suit Says
PIRCH, INC: Aiello Seeks Unpaid Wages for Sales Associates
PIVOTAL SOFTWARE: Mothorpe Sues over 29% Drop in Share Price
PRAXIS HOUSING: Fails to Pay Proper Overtime, Davis Suit Alleges
PRESBYTERIAN HEALTH: Does Not Pay Overtime Under FLSA, Pruess Says
PROFESSIONAL CLAIMS: Calderon Sues over Debt Collection Practices
QUEST DIAGNOSTICS: Demarshall Sues over Data Breach
RITE AID: Dicarlo Files ADA Suit in S.D. New York
ROGER HOLLER: Li Seeks Unpaid Overtime, Hits Retaliation
SAN FRANCISCO, CA: Lam May File Writ of Certiorari on September 1
SAROOP & SONS: Underpays Chicken Cutters, Ortega et al. Claim
SCENTSY INC: Dawson Files Class Suit under Disabilities Act
SHAFER PROJECT: Lewis Suit to Recoup Unpaid Overtime Wages, Damages
SHOP-VAC CORP: Johnson Files False Labeling Suit Over Vacuums
SHOWS CALI: Calogero Appeals E.D. Louisiana Ruling to 5th Circuit
SKAGIT BONDED: Adams Sues over Debt Collection Practices
SMILEDIRECTCLUB LLC: Nguyen Sues Over Unsolicited Text Messages
SSD ENTERPRISES: Benton Labor Suit Seeks Unpaid Overtime Pay
STEVENS TRANSPORT: Morris Suit to Recover Minimum Wages
SUPERIOR HEALTHCARE: Offredo Sues Over Bogus Stem Cell Shots
SUTTER HEALTH: Mangrubang Seeks Unpaid Wages, Damages
TASTEE PATTEE: Ogunbodede Labor Suit Seeks Unpaid Overtime Wages
TRADESMEN INT'L: Ashbaugh Labor Suit Removed to S.D. Cal.
TRH OPERATING: Nisbett Files Class Suit in New York
TRIVAGO GMBH: Trinidad Files Suit in Florida
UNITED DOMESTIC: Quirarte Suit Asserts Civil Rights Violation
UNITED STATES: Christensen Files Suit v. DOE Sec.
UNIVERSITY OF SOUTHERN CALIFORNIA: Munro Seeks to Certify Class
VAN SUILICHEM: Thomas Moves for Certification of Class Under FLSA
WYNDHAM VACATION: Forney Suit Removed to C.D. California
Asbestos Litigation
ASBESTOS UPDATE: AG Announces Guilty Plea for Asbestos Removal
ASBESTOS UPDATE: Claims v. Maremont Channeled to an Asbestos Trust
ASBESTOS UPDATE: Developer Asks Pa. Panel for Redo on $1.47M Fine
ASBESTOS UPDATE: J&J Denials of Asbestos in Baby Powder Spurs Probe
ASBESTOS UPDATE: Landmark Ruling for Kiwi Asbestos Cancer Claimants
ASBESTOS UPDATE: Man Set to Plead Guilty Over Asbestos Parcels
ASBESTOS UPDATE: Md. App. Affirms Substantial Presence Ruling
ASBESTOS UPDATE: Records Show J&J Powder Had Asbestos, NJ Jury Told
ASBESTOS UPDATE: Restaurant Boss Given GBP9K Bill in Asbestos Probe
ASBESTOS UPDATE: Senate Passes Bill Securing 9/11 Compensation Fund
ASBESTOS UPDATE: Workers Exposed to Asbestos at Jeeralang Station
*********
1ST CLASS STAFFING: Chavez Labor Suit Removed to C.D. Cal.
----------------------------------------------------------
The case captioned Alfredo Chavez, individually, and on behalf of
other members of the general public similarly situated, Plaintiff,
v. 1st Class Staffing LLC and Does 1 through 100, inclusive,
Defendants., Case No. CIVDS1916837, (Cal. Super., June 3, 2019),
was removed to the U.S. District Court for the Central District of
California on July 10, 2019 under Case No. 19-cv-01270.
Chavez seeks monetary damages and restitution, penalties/premium
pay for missed meal and rest periods, restitution and restoration
of sums owed and property unlawfully withheld, payment of final
wages upon termination, statutory penalties, declaratory and
injunctive relief, interest, attorneys' fees and costs under
California labor code and applicable Industrial Welfare Commission
Orders.
Defendants hired Plaintiff and classified him as non-exempt
employee and failed to compensate them for all hours worked, missed
meal periods and/or rest breaks, says the complaint. [BN]
Plaintiff is represented by:
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
Daniel J. Park, Esq.
JUSTICE LAW CORPORATION
411 North Central Avenue, Suite 500
Glendale, CA 91203
Tel: (818) 230-7502
Fax: (818) 230-7259
1st Class Staffing is represented by:
Timothy Blair Nelson, Esq.
MEDINA MCKELVEY LLP
Tel: (916) 960-2211
Email: tim@medinamckelvey.com
ABT ELECTRONICS: Dawson Alleges Violation under ADA
---------------------------------------------------
ABT Electronics, Inc. is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Leshawn Dawson, on behalf of himself and all others similarly
situated, Plaintiff v. ABT Electronics, Inc., Defendant, Case No.
1:19-cv-06678 (S.D. N.Y., July 17, 2019).
Abt Electronics is an independent retailer in the United States of
consumer electronics, major appliances and furniture.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
ADRIA OPERATING: Dominguez Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Adria Operating
Corporation. The case is styled as Yovanny Dominguez on behalf of
himself and all others similarly situated, Plaintiff v. Adria
Operating Corporation, Defendant, Case No. 1:19-cv-06723 (S.D.
N.Y., July 18, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Adria Operating Corporation, doing business as Adria Hotel &
Conference Center, operates as hotels. The Company offers banquets,
catering, restaurant, health club privileges, corporate meetings,
weekend getaways, guestrooms, and fun vacations.[BN]
The Plaintiff is represented by:
Bradly Gurion Marks, Esq.
The Marks Law Firm PC
175 Varick Street 3rd Floor
New York, NY 10014
Phone: (646) 770-3775
Fax: (646) 867-2639
Email: bmarkslaw@gmail.com
ALBANY RESTAURANT: Perez Sues Over Unpaid Minimum Wage, OT Pay
--------------------------------------------------------------
SATURNINO GOMEZ PEREZ, an individual, on behalf of himself and all
other plaintiffs similarly situated, known and unknown v. ALBANY
RESTAURANT, INC., a dissolved Illinois corporation d/b/a PEKING
MANDARIN RESTAURANT, PEKING MANDARIN RESTAURANT, an unincorporated
entity, and HAIAO KAO, an individual a/k/a TINA KAO, Case No.
1:19-cv-04668 (N.D. Ill., July 11, 2019), arises under the Fair
Labor Standards Act, the Illinois Minimum Wage Law and the Chicago
Minimum Wage Ordinance, Section 1-24-10 of the Municipal Code of
Chicago.
Mr. Perez accuses the Defendants of failure to pay him and other
similarly situated employees, statutory minimum wages and overtime
compensation for hours worked over 40 in a workweek, while
compensating him and others on an improper salary basis.
Albany Restaurant, Inc., is a dissolved Illinois corporation that
operates the Peking Mandarin Restaurant located on West Lawrence
Avenue in Chicago, Illinois. Peking Mandarin Restaurant is an
unincorporated entity that operates the Peking Mandarin Restaurant
on West Lawrence Avenue and are engaged in selling and serving
prepared food and beverages, including alcoholic beverages, to
customers for consumption on and off its premises. Haiao Kao,
a/k/a Tina Kao, is an owner and the manager of the Peking Mandarin
Restaurant and business.[BN]
The Plaintiff is represented by:
Timothy M. Nolan, Esq.
NOLAN LAW OFFICE
53 W. Jackson Blvd., Suite 1137
Chicago, IL 60604
Telephone: (312) 322-1100
Facsimile: (312) 322-1106
E-mail: tnolan@nolanwagelaw.com
ALDOUS & ASSOCIATES: Depano Files FDCPA Suit in E.D. California
---------------------------------------------------------------
A class action lawsuit has been filed against Aldous & Associates,
PLLC. The case is styled as Nathaniel Depano, individually and on
behalf of all others similarly situated, Plaintiff v. Aldous &
Associates, PLLC and John Does 1-25, Defendants, Case No.
2:19-at-00625 (E.D. Cal., July 19, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Aldous & Associates is a law firm that specializes in fitness
industry 90 day past due consumer collections.[BN]
The Plaintiff is represented by:
Jonathan Aaron Stieglitz, Esq.
Jonathan Stieglitz Law Offices
11845 West Olympic Boulevard, Suite 800
Los Angeles, CA 90064
Phone: (323) 979-2063
Fax: (323) 488-6748
Email: jonathan.a.stieglitz@gmail.com
ALLTRAN EDUCATION: Fields Files FDCPA Suit in South Carolina
------------------------------------------------------------
A class action lawsuit has been filed against Alltran Education
Inc. The case is styled as Janiece Fields individually and on
behalf of all others similarly situated, Plaintiff v. Alltran
Education Inc., John Does 1-25, Defendants, Case No.
2:19-cv-02015-DCN (D. S.C., July 18, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Alltran Education Inc. is a collection agency which helps companies
collect debts from their customers, including clients from higher
education, logistics, and the government.[BN]
The Plaintiff is represented by:
Kenneth Edward Norsworthy, Jr., Esq.
Norsworthy Law Ltd Co
505 Pettigru Street
Greenville, SC 29601
Phone: (864) 804-0581
Fax: (864) 756-1153
Email: kenorsworthy@me.com
AMAZON.COM INC: Wilcosky Sues over Collection of Voice Data
-----------------------------------------------------------
BENNETT WILCOSKY; MICHAEL GUNDERSON; and MICHAEL GUNDERSON, as next
friend of E.G., a minor, individually and on behalf of all others
similarly situated, Plaintiff v. AMAZON.COM, INC.; and AMAZON.COM
SERVICES, INC., Defendants, Case No. 2019CH07777 (Ill. Cir., Cook
Cty., June 27, 2019) alleges violation of the Biometric Information
Privacy Act.
According to the complaint, the Defendants offer Alexa, a
voice-based virtual assistant, which is embedded in innumerable
devices, such as smartphones, TVs, light switches, thermostats,
door locks, and even light bulbs. In an effort to improve the
voice and speech recognition technology, the Defendants retain
every voice recording created by the user and any individual who
happens to be speaking near the Alexa devices. Alexa devices
collect voiceprints from any and all persons who speak in its
vicinity after a triggering word has been uttered. Alexa devices
capture, collect, and retain the voiceprint of any and all people
who speak near Alexa devices, regardless of age or affiliation with
the Defendants.
The Defendants failed to inform the Plaintiff and the class that a
biometric identifier or biometric information is being collected or
stored by Alexa. The Defendants also failed to secure written
releases executed by the subject or the subject's legally
authorized representative in violation of the Biometric Information
Privacy Act.
Amazon.com, Inc. engages in the retail sale of consumer products
and subscriptions in North America and internationally. The company
was founded in 1994 and is headquartered in Seattle, Washington.
[BN]
The Plaintiffs are represented by:
Marc A. Taxman, Esq.
Bradley N. Pollock, Esq.
Sean P. Murray, Esq.
Gerald J. Bekkerman, Esq.
Brennan B. Hutson, Esq.
TAXMAN POLLOCK MURRAY & BEKKERMAN, LLC
225 W. Wacker Drive, Suite 1750
Chicago, IL 60606
Telephone: (312) 586-1700
Facsimile: (312) 586-1701
E-mail: mtaxman@tpmblegal.com
bpollock@tpmblegal.com
smurray@tpmblegal.com
gbekkerman@tpmblegal.com
bhutson@tpmblegal.com
- and -
Michael Aschenbrener, Esq.
Adam York, Esq.
KAMBERLAW, LLC
220 N. Green Street
Chicago, IL 60607
Telephone: (212) 920-3072
Facsimile: (573) 341-8548
E-mail: masch@kamberlaw.com
ayork@kamberlaw.com
- and -
Scott Kamber, Esq.
KAMBERLAW, LLC
201 Milwaukee Street, Suite 200
Denver, CO 80206
Telephone: (212) 920-3072
Facsimile: (573) 341-8548
E-mail: skamber@kamberlaw.com
AXEL ARIGATO: Dawson Files Class Suit in New York
-------------------------------------------------
Axel Arigato LLC is facing a class action lawsuit filed pursuant to
the Americans with Disabilities Act. The case is styled as Leshawn
Dawson, on behalf of himself and all others similarly situated,
Plaintiff v. Axel Arigato LLC, Defendant, Case No. 1:19-cv-06676
(S.D. N.Y., July 17, 2019).
Axel Arigato LLC is a shop selling sneakers, ready-to-wear and
accessories for women & men.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
B&I CONTRACTORS: Underpays Pipe Fitter Foremans, Allen Says
-----------------------------------------------------------
JAMIE ALLEN, individually and on behalf of all others similarly
situated, Plaintiff v. B&I CONTRACTORS, INC., Defendant, Case No.
2:19-cv-00444 (M.D. Fla., June 27, 2019) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
The Plaintiff Allen was employed by the Defendant as pipe fitter
foreman.
B & I Contractors, Inc. provides mechanical systems contracting
services. The Company offers plumbing, heating, air-conditioning,
electrical, and other contracting services. B & I Contractors
operates in the United States. [BN]
The Plaintiff is represented by:
Benjamin H. Yormak, Esq.
YORMAK EMPLOYMENT & DISABILITY LAW
9990 Coconut Road
Bonita Springs, FL 34135
Telephone: (239) 985-9691
Facsimile: (239) 288-2534
E-mail: byormak@yormaklaw.com
BLACKSTONE LABS: Kavlakian Moves to Certify 2 Classes Under TCPA
----------------------------------------------------------------
The Plaintiff in the lawsuit captioned NAREG KAVLAKIAN,
individually and on behalf of all others similarly situated v.
BLACKSTONE LABS, LLC, a Florida limited liability company, Case No.
9:18-cv-81602-DMM (S.D. Fla.), moves to:
(1) certify two Classes with respect to the Plaintiff's claims
for violation of the Telephone Consumer Protection Act set
forth in the Amended Class Action Complaint;
(2) to designate the Plaintiff as representative of the
Classes;
(3) to designate the law firms of Edelsberg Law, P.A. and
Shamis & Gentile P.A. as counsel for the Classes; and
(4) establish a deadline for submission of a program and plan
for notice for the Classes.
The putative classes are:
* The EzTexting Class ("Class One"):
All persons within the United States who completed a
purchase on Blackstone's online website, and, on August 7,
2018 through October 26, 2018, (1) were sent a text message
by or on behalf of Defendant or its agent(s), (2) using the
EzTexting platform that was used to send text messages to
Plaintiff, (3) for the purpose of advertising Defendant's
products, goods, or services, (4) without their prior
express written consent or with the same purported consent
Defendant claims to have obtained from Plaintiff, if any;
and
* The Textedly Class ("Class Two")
All persons within the United States who completed a
purchase on Blackstone's online website, and (1) were sent a
text message by or on behalf of Defendant or its agent(s) on
October 31, 2018, (2) using the Textedly platform that was
used to send text messages to Plaintiff, (3) for the purpose
of advertising Defendant's products, goods, or services,
(4) without their prior express written consent or with the
same purported consent Defendant claims to have obtained
from Plaintiff, if any.
Excluded from the Classes are the Judge presiding over this case
and his staff; employees of Blackstone and their immediate family
members; and the legal representatives, agents, affiliates, heirs,
successors-in-interests, and assignees of any such excluded
person.
Mr. Kavlakian brought claims under the TCPA against Defendant
Blackstone Labs, LLC, arising from marketing text messages that
Blackstone caused to be sent to him and tens of thousands of
others. Blackstone, through third-party marketing platforms, sent
unsolicited text messages as part of a concerted mobile campaign to
drive consumers to its practice and advertise the practices'
services and pricing discounts.[CC]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
Jordan D. Utanski, Esq.
EDELSBERG LAW, P.A.
2875 NE 191st Street, Suite 703
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
utanski@edelsberglaw.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 N.E. 1st Avenue, Suite 400
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
BRISTOL FARMS: Website not Accessible to Blind Person, Farr Says
----------------------------------------------------------------
JAMES FARR, individually and on behalf of all others similarly
situated, the Plaintiff, vs. BRISTOL FARMS, a California
corporation; and DOES 1 to 10, inclusive, the Defendants, Case No.
2:19-cv-05800-CAS-JC (C.D. Cal., July 3, 2019), seeks redress
against the Defendant for its failure to design, construct,
maintain, and operate its website to be fully and equally
accessible to and independently usable by Plaintiff and other blind
or visually-impaired people. The Defendants' denial of full and
equal access to its website, and therefore denial of its products
and services offered thereby and in conjunction with its physical
locations, is a violation of Plaintiffs' rights under the Americans
with Disabilities Act and California's Unruh Civil Rights Act.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
The Plaintiff uses the terms "blind" or "visually-impaired" to
refer to all people with visual impairments who meet the legal
definition of blindness in that they have a visual acuity with
correction of less than or equal to 20 x 200. Some blind people who
meet this definition have limited vision. Others have no vision.
Because Defendants' website, https://www.bristolfarms.com/ is not
fully or equally accessible to blind and visually-impaired
consumers in violation of the ADA, Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's website will become
and remain accessible to blind and visually-impaired consumers, the
lawsuit says.
Bristol Farms Inc. is an upscale grocery store chain in California,
United States. Founded in Los Angeles County, Bristol Farms
operates 15 stores, 12 in Southern California, and one in San
Francisco.[BN]
Attorneys for the Plaintiff and Proposed Class are:
Bobby Saadian, Esq.
Thiago Coelho, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Telephone: (213) 381-9988
Facsimile: (213) 381-9989
BRUSH HOLLOW INN: Dominguez Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Brush Hollow Inn,
LLC. The case is styled as Yovanny Dominguez on behalf of himself
and all others similarly situated, Plaintiff v. Brush Hollow Inn,
LLC, Defendant, Case No. 1:19-cv-06724 (S.D. N.Y., July 18, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Brush Hollow Inn, LLC is in the Hotels and Motels industry in
Westbury, NY.[BN]
The Plaintiff is represented by:
Bradly Gurion Marks, Esq.
The Marks Law Firm PC
175 Varick Street 3rd Floor
New York, NY 10014
Phone: (646) 770-3775
Fax: (646) 867-2639
Email: bmarkslaw@gmail.com
CALIFORNIA BABY: Reid Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against California Baby, Inc.
The case is styled as Valentin Reid on behalf of himself and all
others similarly situated, Plaintiff v. California Baby, Inc.,
Defendant, Case No. 1:19-cv-06542-LTS (S.D. N.Y., July 15, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
California Baby Inc is a baby product manufacturer.[BN]
The Plaintiff is represented by:
David Paul Force, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Email: dforce@steinsakslegal.com
CALIFORNIA: Faces Suit over Constitutionality of Age-Based Gun Ban
------------------------------------------------------------------
MATTHEW JONES; THOMAS FURRH; PWGG, L.P. d.b.a. POWAY WEAPONS AND
GEAR and PWG RANGE; NORTH COUNTY SHOOTING CENTER, INC.; BEEBE
FAMILY ARMS AND MUNITIONS LLC d.b.a. BFAM and BEEBE FAMILY ARMS AND
MUNITIONS; FIREARMS POLICY COALITION, INC.; FIREARMS POLICY
FOUNDATION; THE CALGUNS FOUNDATION; and SECOND AMENDMENT
FOUNDATION, Plaintiffs v. XAVIER BECERRA, in his official capacity
as Attorney General of the State of California; MARTIN HORAN, in
his official capacity as Director of the Department of Justice
Bureau of Firearms; and DOES 1-20, Defendants, Case No.
3:19-cv-01226-L-BLM (S.D. Cal., July 1, 2019) alleges that the
California Age-Based Gun Ban is invalid under the Second and
Fourteenth Amendments of the U.S. Constitution.
According to the complaint, the State of California recently
enacted legislation, effective January 1, 2019, that prohibits an
entire class of adults from exercising their Second Amendment right
to keep and bear arms. Specifically, California has prohibited
adults ages 18 to 20 from purchasing or acquiring any firearm. The
California law, Penal Code also makes it a crime for licensed
firearms retailers and ranges to sell, supply, deliver, or give
possession or control of a firearm to any person under 21 years of
age.
By prohibiting licensed firearm retailers and ranges from selling,
supplying, delivering, or giving possession or control of a firearm
to any person under 21 years of age, the California Age-Based Gun
Ban constitutes an unconstitutional infringement on the acquisition
or purchase of any firearm and that ban infringes on the
fundamental constitutional rights of not only the Plaintiffs named
in this Complaint, but thousands of other law-abiding adults
throughout California. As such, the California Age-Based Gun Ban is
invalid under the Second and Fourteenth Amendments.
The Plaintiff is represented by:
John W. Dillon, Esq.
GATZKE DILLON & BALLANCE LLP
2762 Gateway Road
Carlsbad, CA 92009
Telephone: (760) 431-9501
Facsimile: (760) 431-9512
E-mail: jdillon@gdandb.com
CANNABIS & GLASS: Frank Suit Removed to E.D. Washington
-------------------------------------------------------
The class action styled as Roberta Frank an individual, and all
those similarly situated, Plaintiff v. Cannabis & Glass LLC a
Washington limited liability company, NXNW Retail LLC a Washington
limited liability company, Springbig Inc. a Delaware corporation,
Tate Kapple and his marital community, Defendants, was removed from
the Spokane County Superior Court to the U.S. District Court for
the Eastern District of Washington on July 19, 2019, and assigned
Case No. 2:19-cv-00250-SAB.
The nature of suit is stated as Consumer Credit.
Cannabis & Glass - Spokane Valley is a cannabis dispensary located
in the Spokane Valley, Washington area.[BN]
The Plaintiff is represented by:
Brian Cameron, Esq.
Cameron Sutherland PLLC
421 W Riverside Avenue, Suite 660
Spokane, WA 99201
Phone: (509) 315-4507
Fax: (509) 315-4584
Email: bcameron@cameronsutherland.com
- and -
Kirk D Miller, Esq.
Kirk D Miller PS
421 West Riverside Avenue, Suite 660
Spokane, WA 99201
Phone: (509) 413-1494
Fax: (509) 413-1724
Email: kmiller@millerlawspokane.com
The Defendant is represented by:
John S Devlin, III, Esq.
Taylor Washburn, Esq.
Lane Powell PC - SEA
1420 Fifth Avenue, Suite 4200
PO Box 91302
Seattle, WA 98111-9402
Phone: (206) 223-7000
Fax: (206) 223-7107
Email: devlinj@lanepowell.com
washburnt@lanepowell.com
CHECKERS DRIVE-IN RESTAURANTS: Dinh Sue over Customer Data Breach
-----------------------------------------------------------------
A class action complaint has been filed against Checkers Drive-In
Restaurants, Inc. for alleged violations of the California Civil
Code and California's Unfair Competition Law of the California
Business and Professions Code, and for negligence. The case is
captioned JACK DINH, Individually and On Behalf of All Others
Similarly Situated, Plaintiff, v. CHECKERS DRIVE-IN RESTAURANTS,
INC., Defendant, Case No. 8:19-cv-01310 (C.D. Cal., July 2, 2019).
In this complaint, Plaintiff alleges that the Defendant failed to
implement reasonable security measures appropriate to the nature of
the personal information of its current and former customers.
Plaintiff also contends that the Defendant failed to immediately
notify all affected current and former customers that their
personal information had been acquired by unauthorized persons in
the data breach.
Checkers Drive-In Restaurants, Inc. is incorporated under the laws
of the state of Delaware with its principal place of business and
headquarters located in Tampa, Florida. The company operates two
chains of restaurants in the United States: "Checkers" in the
Southwest and Northeast, and "Rally's" in the Midwest and
California. Both chains offer similar products, which include
hamburgers, hot dogs, and French fries. [BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
Jason A. Ibey, Esq.
Nicholas R. Barthel, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
jason@kazlg.com
nicholas@kazlg.com
- and -
Robert L. Hyde, Esq.
HYDE & SWIGART
2221 Camino Del Rio South, Suite 101
San Diego, CA 92101
Telephone: (619) 233-7770
Facsimile: (619) 297-1022
E-mail: bob@westcoastlitigation.com
CHEQUIT LLC: Nisbett Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Chequit, LLC. The
case is styled as Kareem Nisbett Individually and on behalf of all
other persons similarly situated, Plaintiff v. Chequit, LLC, Salt
Hotels, LLC doing business as: The Chequit, Defendant, Case No.
1:19-cv-06691 (S.D. N.Y., July 18, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Chequit, LLC is a local landmark, a thoughtfully designed Hotel and
Restaurant on Shelter Island that retains its rich history as a
beloved Inn with al fresco dining and water views.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
630 Third Avenue
Fifth Floor
New York, NY 10017
Phone: (212) 392-4772
Fax: (212) 444-1030
Email: chris@lipskylowe.com
CIGNA CORPORATION: Wrongfully Denied Lipedema Surgery Claims
------------------------------------------------------------
BANAFSHEH AKHLAGHI, individually and on behalf of all others
similarly situated, Plaintiff v. CIGNA CORPORATION; CIGNA HEALTH
AND LIFE INSURANCE COMPANY, Defendants, Case No. 3:19-cv-03754-JSC
(N.D. Cal., June 27, 2019) is an action against the Defendants'
practice for improperly denying claims for surgical treatment of
lipedema made by patients under its plans.
According to the complaint, the Plaintiff was diagnosed with Stage
3 lipedema. Her advanced lipedema has caused her pain, immobility,
and other problems. The Plaintiff requested that Defendants provide
coverage for specialized liposuction to treat her advanced
lipedema. The Plaintiff's physician submitted information to the
Defendants setting forth her diagnosis and the proposed treatment.
On April 15, 2019, the Defendants sent a written communication to
the Plaintiff and her physician denying coverage for the proposed
surgery. The Defendants stated "there is not enough scientific
evidence that shows the safety or effectiveness of liposuction for
the treatment of lipedema because it is considered
experimental/investigational/unproven."
Cigna Corporation, a health service organization, provides
insurance and related products and services in the United States
and internationally. The company distributes its products and
services through insurance brokers and insurance consultants; and
directly to employers, unions and other groups, or individuals.
Cigna Corporation was founded in 1792 and is headquartered in
Bloomfield, Connecticut. [BN]
The Plaintiff is represented by:
Robert S.Gianelli, Esq.
Adrian J. Barrio, Esq.
Howard Loring Rose, Esq.
GIANELLI & MORRIS, A LAW CORPORATION
550 South Hope Street, Suite 1645
Los Angeles, CA 90071
Telephone: (213) 489-1600
Facsimile: (213) 489-1611
E-mail: rob.gianelli@gmlawyers.com
adrian.barrio@gmlawyers.com
loring.rose@gmlawyers.com
CLEAN SCAPES: Cantu Seeks Overtime Pay, Hits Illegal Deductions
---------------------------------------------------------------
Santos Cantu, on behalf of himself and others similarly situated,
Plaintiff, v. Clean Scapes L.P. and Clean Scapes - Dallas, LLC,
Defendant, Case No. 19-cv-00698 (W.D. Tex., July 10, 2019), seeks
to recover damages for violations of the Fair Labor Standards Act.
Clean Scapes L.P. is a commercial landscaping company,
headquartered in Austin, Texas. Cantu routinely worked more than 40
hours per week for Clean Scapes which failed to pay him for all
hours worked, requiring Plaintiff to work for approximately 30
minutes before he clocked in at the beginning of each shift and for
30 to 90 minutes after he clocked out at the end of each shift.
Defendants also made unreasonable deductions from his paychecks for
employer-provided housing, which consisted of a single room shared
with at least three other workers from the Rio Grande Valley. [BN]
Plaintiff is represented by:
Christopher J. Willett, Esq.
Rebecca Eisenbrey, Esq.
510 S. Congress Ave., Ste. 206
Austin, TX 78704
Tel: (512) 474-0007
Fax : (512) 474-0008
Email: cwillett@equaljusticecenter.org
reisenbrey@equaljusticecenter.org
COLEMAN-RAYNER LLC: Larsen Labor Suit Removed to C.D. Cal.
----------------------------------------------------------
The case captioned Karl Larsen, individually, and on behalf of all
others similarly situated, Plaintiff, v. Coleman-Rayner, LLC, Mark
Coleman, Jeff Rayner and Does 1 though 10, Defendants, Case No.
19STCV12621 (Cal. Super., April 10, 2019), was removed to the
United States District Court for the Central District of California
on July 9, 2019, under Case No. 19-cv-05907.
Larsen has asserted technical claims under various state wage and
hour laws and copyright claims when he was engaged as an
independent contractor to create photographs for Coleman-Rayner
pursuant to a Work-for-Hire Agreement.[BN]
Plaintiff is represented by:
Alan Harris, Esq.
David Garrett, Esq.
Min Ji Gal, Esq.
HARRIS & RUBLE
655 North Central Avenue, 17th Floor
Glendale, CA 91203
Tel: (323) 962-3777
Fax: (323) 962-3004
Email: harrisa@harrisandruble.com
mgal@harrisandruble.com
dgarrett@harrisandruble.com
Defendants are represented by:
H. Marc Rupp, Esq.
HOWARD M. RUPP, APLC
615 N. Paulina Ave.
Redondo Beach, CA 90277
Telephone: (310) 903-8497
Facsimile: (310) 733-5663
- and -
Andrew J. Jaramillo, Esq.
ALTUS LAW FIRM
9 Executive Cir., Suite 275
Irvine, CA 92614
Telephone: (949) 346-3391
Facsimile: (949) 271-4097
CWS APARTMENT HOMES: Bamundo Sues Over Denied Overtime Pay
----------------------------------------------------------
Alexandrea Bamundo, individually and on behalf of all others
similarly situated v. CWS Apartment Homes LLC, Defendants, Case No.
19-cv-00800 (W.D. Tex., July 10, 2019), seeks to recover monetary
damages, liquidated damages, prejudgment interest, and costs,
including reasonable attorneys' fees as a result of failure to pay
overtime wages as required by the Fair Labor Standards Act and the
Arkansas Minimum Wage Act.
CWS owns and manages apartment complexes in Texas where Bamundo
worked as a leasing consultant. She claims to be misclassified as
exempt independent contractor and denied overtime pay for hours
rendered in excess of 40 hours per week. [BN]
Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM
Post Office Box 39
Russellville, AR 72811
Tel: (479) 880-0088
Fax: (888) 787-2040
Email: josh@sanfordlawfirm.com
DAVINES NORTH AMERICA: Dawson Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Davines North America
Inc. The case is styled as Leshawn Dawson on behalf of himself and
all others similarly situated, Plaintiff v. Davines North America
Inc., Defendant, Case No. 1:19-cv-06705-JMF (S.D. N.Y., July 18,
2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Davines North America Inc. was founded in 2004. The company's line
of business includes the wholesale distribution of prescription
drugs, proprietary drugs, and toiletries.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (917) 299-6612
Fax: (929) 575-4195
Email: joseph@cml.legal
DIEBOLD NIXDORF: City of Dearborn Police System Files Class Action
------------------------------------------------------------------
CITY OF DEARBORN HEIGHTS ACT 345 POLICE AND FIRE RETIREMENT SYSTEM,
Individually and On Behalf of All Others Similarly Situated,
Plaintiff, v. DIEBOLD NIXDORF, INCORPORATED, ANDREAS WALTER MATTES,
and CHRISTOPHER A. CHAPMAN, Defendants, Case No. 1:19-cv-06514
(S.D. N.Y., July 12, 2019) is a class action on behalf of persons
and entities that acquired Diebold Nixdorf securities between
February 14, 2017 and July 4, 2017, inclusive, seeking to pursue
remedies under the Securities Exchange Act of 1934.
In August 2016, Diebold Inc. completed its takeover of German
competitor Wincor Nixdorf AG. Following the acquisition, Diebold
Inc. became Diebold Nixdorf. On July 5, 2017, before the market
opened, the Company lowered its guidance for fiscal 2017 due to
"longer customer decision-making process and order-to-revenue
conversion cycle" as well as a "delay in systems rollouts." On this
news, the Company's share price fell $6.28 per share, nearly 23%,
to close at $21.20 per share on July 5, 2017, on unusually heavy
trading volume.
Throughout the Class Period, Defendants made materially false
and/or misleading statements, as well as failed to disclose
material adverse facts about the Company's business, operations,
and prospects. Specifically, Defendants failed to disclose to
investors: (1) that, as a result of the Wincor acquisition and
related integration, the Company was less focused on its core
business; (2) that the Company expected certain customers would not
renew their service contracts (i.e. contract runoff); (3) that the
Company was not adequately prepared to staff service technicians;
(4) that, as a result of the expected contract runoff, the Company
would suffer a shortage of adequately trained service technicians;
(5) that, as a result, the Company would suffer margin pressure in
its services segment; (6) that, as a result of the foregoing, the
Company would lose market share; and (7) that, as a result of the
foregoing, Defendants' positive statements about the Company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, says the complaint.
Plaintiff City of Dearborn Heights ACT 345 Police and Fire
Retirement System purchased Diebold Nixdorf securities during the
Class Period.
Diebold Nixdorf provides connected commerce services, software and
technology. Its customers purportedly include nearly all of the
world's top 100 financial institutions and a majority of the top 25
global retailers.[BN]
The Plaintiff is represented by:
Lesley F. Portnoy, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Ave., Suite 530
New York, NY 10169
Phone: (212) 682-5340
Facsimile: (212) 884-0988
Email: lportnoy@glancylaw.com
- and -
Lionel Z. Glancy, Esq.
Robert V. Prongay, Esq.
Charles H. Linehan, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: (310) 201-9150
Facsimile: (310) 432-1495
- and -
E. Powell Miller, Esq.
Sharon S. Almonrode, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Phone: (248) 841-2200
Facsimile: (248) 652-2852
Email: epm@millerlawpc.com
ssa@millerlawpc.com
- and -
Michael J. VanOverbeke, Esq.
Thomas C. Michaud, Esq.
VANOVERBEKE MICHAUD & TIMMONY, P.C.
79 Alfred Street
Detroit, MI 48201
Phone: (313) 578-1200
Facsimile: (313) 578-1201
ECO FLOWER: Beck Seeks Certification of National Consumer Class
---------------------------------------------------------------
The Plaintiff in the lawsuit captioned STEPHANY BECK, as an
individual and on behalf of all others similarly situated v. ECO
FLOWER, LLC, Case No. 1:19-cv-00073-PMW (D. Utah), asks the Court
to certify a class of consumers:
* National Class:
All individuals who ordered products from Defendant on or
after January 1, 2016 and did not receive them within (a)
the time advertised or otherwise represented by Defendant,
if such a time was advertised and/or represented, or (b)
thirty (30) days, if no time was advertised and/or
represented.
Excluded from the Class are the Defendant, its subsidiaries,
affiliates, and employees; all persons who make a timely election
be excluded from the Class; governmental entities; and the judge(s)
to whom this case is assigned and any immediate family members
thereof.
Ms. Beck reserves the right to amend and/or supplement this Motion
as further investigation and discovery occurs.
Specifically, Ms. Beck seeks an order:
i. taking this Motion under submission and deferring further
activity on this Motion until a future class
certification deadline, and after the parties have an
opportunity to submit briefing informed by discovery; or,
alternatively,
ii. granting her Motion for Class Certification;
iii. appointing her as representative for members of the
Class;
iv. appointing her counsel as Class Counsel; and
v. certifying the Class pursuant to Rule 23 of the Federal
Rules of Civil Procedure.[CC]
The Plaintiff is represented by:
Steven M. Rogers, Esq.
Nic R. Russell, Esq.
ROGERS & RUSSELL, PLLC
519 West State Rd. Suite 103
Pleasant Grove, UT 84062
Telephone: (801) 899-6064
Facsimile: (801) 210-5388
E-mail: srogers@roruss.com
nrussell@roruss.com
ENDLISS TECHNOLOGY: Vaccari Alleges False Advertising of Belts
--------------------------------------------------------------
A class action complaint has been filed against Endliss Technology,
Inc. for negligent misrepresentation, breach of contract, unjust
enrichment, and for violations of several state consumer protection
statutes and Sections 349 and 350 of the New York General Business
Law. The case is captioned Constantina Vaccari, individually on
behalf of herself and all others similarly situated, Plaintiff,
-against- Endliss Technology, Inc., CLASS ACTION COMPLAINT,
Defendant, Case No. 514555/2019 (N.Y. Sup., Kings Cty., July 2,
2019).
In this complaint, Plaintiff alleges that Endliss is engaged in
deceptive and misleading business practices with respect to the
marketing and sales of the following Maxboost Waist Trimmer Premium
Weight Loss Ab Belt throughout the State of New York and throughout
the country. The Product is a neoprene belt that is, according to
Defendant, supposed to be worn around the user's waist-area.
Defendant represents that the neoprene belt burns and trims fat in
the waist-area and allows users to shed fat in the waist-area by
increasing the temperature of the user's core. Plaintiff contends
that there are no sound scientific studies demonstrating that
wearing a neoprene belt is effective in trimming and burning fat
around the waist-area. Plaintiff also asserts that spot reduction
or trimming of fat through wearing a neoprene belt is not possible
and, moreover, the reduction of fat by way of temperature is
achievable through exposure to cold, not heat.
Endliss Technology, Inc. is a corporation incorporated in
California, with its principal place of business in Hayward,
California. The company manufactures, markets, advertises and/or
distributes the Maxboost Waist Trimmer Premium Weight Loss Ab Belt
throughout the United States. [BN]
The Plaintiff is represented by:
Joseph Lipari, Esq.
THE SULTZER LAW GROUP P.C.
14 Wall Street, 20th Floor
New York, NY 10005
Telephone: (212) 618-1938
Facsimile: (888) 749-7747
E-mail: liparij@thesultzerlawgroup.com
ENHANCED RECOVERY: Millan Files FDCPA Suit in Nevada
----------------------------------------------------
A class action lawsuit has been filed against Enhanced Recovery
Company LLC. The case is styled as Carlos Millan individually and
on behalf of all others similarly situated, Plaintiff v. Enhanced
Recovery Company LLC, John Does 1-25, Defendants, Case No.
2:19-cv-01257 (D. Nev., July 21, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Enhanced Recovery Company LLC provides business process outsourcing
services that include recovery, outsourcing, and market research
primarily for Fortune 500 companies in the United States and
internationally.[BN]
The Plaintiff is represented by:
Robert M Tzall, Esq.
Law Offices of Robert M. Tzall
1481 Warm Springs Rd, Suite 135
Henderson, NV 89014
Phone: (702) 666-0233
Email: robert@tzalllegal.com
ENHANCED RECOVERY: Smaia Files FDCPA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Enhanced Recovery
Company LLC. The case is styled as Eliezer Smaia, Pinchus
Gottdenger individually and on behalf of all others similarly
situated, Plaintiffs v. Enhanced Recovery Company, Defendant, Case
No. 1 1:19-cv-04079 (E.D. N.Y, July 15, 2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Enhanced Recovery Company LLC provides business process outsourcing
services that include recovery, outsourcing, and market research
primarily for Fortune 500 companies in the United States and
internationally.[BN]
The Plaintiffs are represented by:
David M. Barshay, Esq.
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 281-7601
Email: csanders@barshaysanders.com
dbarshay@barshaysanders.com
EQT CORP: Cambridge Retirement System Sues over Share Price Drop
----------------------------------------------------------------
CAMBRIDGE RETIREMENT SYSTEM, individually and on behalf of all
others similarly situated, Plaintiff v. EQT CORPORATION; STEVEN T.
SCHLOTTERBECK; ROBERT J. MCNALLY; DAVID L. PORGES; JIMMI SUE SMITH;
JAMES E. ROHR; VICKY A. BAILEY; PHILIP G. BEHRMAN; KENNETH M.
BURKE; A. BRAY CARY, JR.; MARGARET K. DORMAN; STEPHEN A.
THORINGTON; LEE T. TODD, JR.; CHRISTINE J. TORETTI; DANIEL J. RICE
IV; and ROBERT F. VAGT, Defendants, Case No. 2:19-cv-00754-MPK
(W.D. Pa., June 25, 2019) is an action on behalf of all investors
who purchased EQT's common stock between June 19, 2017 and October
24, 2018, and who held EQT or Rice shares on September 25, 2017,
and September 21, 2017, respectively, and were entitled to vote at
an EQT or Rice special meeting on November 9, 2017 with respect to
EQT's acquisition of Rice, which closed on November 13, 2017,
alleging violation of the Securities and Exchange Act.
According to the complaint, on the morning of June 19, 2017, EQT
announced that it had entered into an agreement to acquire rival
gas producer Rice for total consideration of $6.7 billion. EQT's
President and Chief Executive Officer, Defendant Steven T.
Schlotterbeck, touted the benefits of the proposed merger, stating
that "Rice has built an outstanding company with an acreage
footprint that is largely contiguous to our existing acreage, which
will provide substantial synergies and make this transaction
significantly accretive in the first year." According to
Schlotterbeck, the overlap in the companies' operations would
enable EQT to "drive higher capital efficiency through longer
laterals" by drilling laterally through the contiguous EQT and Rice
drilling sites.
On July 3, 2017, activist investor JANA Partners LLC disclosed that
it had acquired a nearly 6% equity stake in the Company. In several
letters following this disclosure, JANA claimed that the Rice
merger synergies were "grossly exaggerated," and according to
JANA's expert analysis, "it would be impossible for EQT to support
its claimed synergy drilling plan" as there were "simply not enough
undrilled contiguous acreage blocks to enable such a dramatic
improvement in lateral length." According to JANA, the maps EQT
used to tout the claimed synergy benefits were "blatantly
deceptive," as many of the purportedly contiguous tracts on those
maps were not actually contiguous. Moreover, many of the
intervening properties between these purportedly contiguous tracts
were controlled by other operators and could not be used without
substantial costs.
In the face of these objections, EQT repeatedly denied JANA's
assertions about the contiguity of the parcels and the realizable
synergies and reassured investors of the merits of the Acquisition,
and the Company's and Rice's shareholders approved the Acquisition.
After the Acquisition closed in November 2017, the Company
continued to tout the "significant operational synergies" of the
merger that would purportedly allow EQT to become "one of the
lowest-cost operators in the United States."
On March 15, 2018, just five months after the Acquisition closed,
EQT announced the sudden and unexpected resignation of CEO
Schlotterbeck, who the Company claimed left for personal reasons.
On October 25, 2018, the Company reported surprisingly bad
third-quarter financial results caused by a staggering increase in
total costs, which were $586.2 million higher than in the same
period of the prior year. The Company disclosed that its estimated
capital expenditures for well development in 2018 would increase by
$300 million, to $2.5 billion, as a result of "inefficiencies
resulting from higher activity levels, the learning curve on
ultra-long horizontal wells, and service cost increases." As a
result, the Company reduced its full-year forecast for 2018. These
disclosures revealed that the Company's prior statements about the
Acquisition's synergies had been false and misleading.
On this news, EQT shares fell 13%, dropping from a close of $40.46
per share on October 24, 2018 to $35.34 on October 25, 2018,
erasing nearly $700 million in shareholder value in a single day.
Over the next several days, EQT shares fell to as low as $31.00 per
share -- less than half what the Company was worth when the
Acquisition closed in November 2017.
EQT Corporation operates as a natural gas production company in the
United States. It produces natural gas, natural gas liquids (NGLs),
and crude oil. As of December 31, 2018, this segment had 21.8
trillion cubic feet of proved natural gas, NGLs, and crude oil
reserves across approximately 1.4 million gross acres. The company
was founded in 1925 and is headquartered in Pittsburgh,
Pennsylvania. [BN]
The Plaintiff is represented by:
M. Janet Burkardt, Esq.
Jocelyn P. Kramer, Esq.
Victor Kustra, Esq.
WEISS BURKARDT KRAMER LLC
445 Fort Pitt Boulevard, Suite 503
Pittsburgh, PA 15219
Telephone: (412) 391-9890
Facsimile: (412) 391-9685
E-mail: jburkardt@wbklegal.com
jkramer@wbklegal.com
vkustra@wbklegal.com
- and -
Gerald H. Silk, Esq.
Avi Josefson, Esq.
Michael D. Blatchley, Esq.
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: jerry@blbglaw.com
avi@blbglaw.com
michaelb@blbglaw.com
EQT CORPORATION: Glover Files Suit in N.D. West Virginia
--------------------------------------------------------
A class action lawsuit has been filed against EQT Corporation. The
case is styled as William D. Glover, Linda K. Glover his wife,
Richard A. Glover, Christy L. Glover his wife, Individually, and on
Behalf of All Others Similarly Situated, Plaintiffs v. EQT
Corporation a Pennsylvania corporation, EQT Production Company a
Pennsylvania corporation, EQT Energy, LLC a Delaware limited
liability company, Defendants, Case No. 5:19-cv-00223-FPS (N.D. W.
Va., July 19, 2019).
The nature of suit is stated as Other Contract.
EQT Corporation is a company engaged in hydrocarbon exploration and
pipeline transport. It is headquartered in EQT Plaza in Pittsburgh,
Pennsylvania.[BN]
The Plaintiff is represented by:
Eric M. Gordon, Esq.
Berry, Kessler, Crutchfield, Taylor & Gordon
514 Seventh St
Moundsville, WV 26041
Phone: (304) 845-2580
Fax: (304) 845-9055
Email: bkcandt@aol.com
- and -
Mark A. Colantonio, Esq.
Robert J. Fitzsimmons, Esq.
Fitzsimmons Law Firm, PLLC
1609 Warwood Ave
Wheeling, WV 26003
Phone: (304) 277-1700
Fax: (304) 277-1705
Email: mark@fitzsimmonsfirm.com
rocky@fitzsimmonsfirm.com
EVERSOURCE ENERGY: PNE Appeals D. Mass. Decision to First Circuit
-----------------------------------------------------------------
Plaintiff PNE Energy Supply LLC filed an appeal from a Court ruling
in its lawsuit entitled PNE Energy Supply LLC v. Eversource Energy,
et al., Case No. 1:18-cv-11690-DJC, in the U.S. District Court for
the District of Massachusetts, Boston.
As previously reported in the Class Action Reporter, PNE seeks
treble damages, costs of suit, and other relief as may be
determined as just and proper, on behalf of itself and those
similarly situated against the Defendants for illegally
manipulating the supply of pipeline capacity in the secondary
capacity market in order to artificially inflate New England
natural gas and electricity prices, under Section 2 of the Sherman
Act, Section 4 and 16 of the Clayton Act.
Eversource Energy and Avangrid Inc. are two of the largest energy
companies in New England. Eversource is comprised of a family of
interrelated companies, including six wholly owned subsidiaries.
The appellate case is captioned as PNE Energy Supply LLC v.
Eversource Energy, et al., Case No. 19-1678, in the United States
Court of Appeals for the First Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Docketing Statement is due today, July 26, 2019;
-- Transcript Report/Order form is due today, July 26, 2019;
and
-- Appearance form is due today, July 26, 2019.[BN]
Plaintiff-Appellant PNE ENERGY SUPPLY LLC, on behalf of itself and
all others similarly situated, is represented by:
Austin B. Cohen, Esq.
Keith J. Verrier, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut St., Ste 500
Philadelphia, PA 19106-3697
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: acohen@lfsblaw.com
kverrier@lfsblaw.com
- and -
Anthony Tarricone, Esq.
KREINDLER & KREINDLER LLP
277 Dartmouth St.
Boston, MA 02116
Telephone: (617) 424-9100
Facsimile: (617) 424-9120
E-mail: atarricone@kreindler.com
Defendant-Appellee EVERSOURCE ENERGY is represented by:
Shannen Wayne Coffin, Esq.
Douglas G. Green, Esq.
STEPTOE & JOHNSON LLP
1330 Connecticut Ave, NW
Washington, DC 20036-0000
Telephone: (202) 429-6255
E-mail: scoffin@steptoe.com
dgreen@steptoe.com
- and -
John D. Donovan, Jr., Esq.
ROPES & GRAY LLP
800 Boylston St.
Boston, MA 02199-3600
Telephone: (617) 951-7566
E-mail: jdonovan@ropesgray.com
- and -
Chong S. Park, Esq.
ROPES & GRAY LLP
2099 Pennsylvania Ave, NW
Washington, DC 20006-6807
Telephone: (202) 508-4631
E-mail: Chong.Park@ropesgray.com
Defendant-Appellee AVANGRID, INC., a New York Corporation, is
represented by:
Allyson M. Maltas, Esq.
Marguerite M. Sullivan, Esq.
LATHAM & WATKINS LLP
555 11th St., NW, Suite 1000
Washington, DC 20004-1304
Telephone: (202) 637-2200
E-mail: allyson.maltas@lw.com
marguerite.sullivan@lw.com
- and -
U. Gwyn Williams, Esq.
LATHAM & WATKINS LLP
200 Clarendon St., 27th Floor
Boston, MA 02116
Telephone: (617) 880-4512
E-mail: gwyn.williams@lw.com
FAMILY DOLLAR: Lewandowski Files Class Suit in Pennsylvania
-----------------------------------------------------------
Family Dollar Stores, Inc. is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Gayle Lewandowski, individually and on behalf of all others
similarly situated, Plaintiff v. Family Dollar Stores, Inc.,
Defendant, Case No. 2:19-cv-00858-MJH (W.D. Penn., July 17, 2019).
Family Dollar is an American variety store chain. With over 8,000
locations in all states except Alaska, Hawaii, Oregon and
Washington, it is the second largest retailer of its type in the
United States.[BN]
The Plaintiff is represented by:
R. Bruce Carlson, Esq.
Carlson Lynch, LLP
1133 Penn Avenue
5th Floor
Pittsburgh, PA 15222
Tel: (412) 322-9243
Email: bcarlson@carlsonlynch.com
FINANCIAL CREDIT: Faces McMillan FDCPA Suit in N.D. Oklahoma
------------------------------------------------------------
A class action lawsuit has been filed against Financial Credit
Service, Inc. The case is captioned as Ava McMillan an individual,
on behalf of herself and all others similarly situated, the
Plaintiff, vs. Financial Credit Services, Inc. d/b/a "ARA INC.", an
Illinois corporation ARA Inc., the Defendant, Case No.
4:19-cv-00368-CVE-FHM (N.D. Okla., July 3, 2019). The case is
assigned to the Hon. Judge Claire V. Eagan. The suit alleges
violations of the Fair Debt Collection Practices Act.
Credit Financial was acquired by Professional Recovery Consultants,
Inc. The company, a debt collection agency, provides consumer and
commercial debt recovery services for companies in North Carolina,
South Carolina, Georgia, Virginia, and Pennsylvania. The company's
services include standard debt collection services, account
receivable systems services, letter collect services, and
pre-collection letter services.[BN]
Attorney for the Plaintiff is:
Victor R. Wandres, Esq.
PARAMOUNT LAW
4835 S PEORIA AVE STE 1
Tulsa, OK 74105
Telephone: (918) 200-9272
Facsimile: (918) 895-9774
E-mail: victor@paramount-law.net
FIRST NATIONAL: Miller Sues over Debt Collection Practices
----------------------------------------------------------
Anthony I. Miller, individually and on behalf of all others
similarly situated, the Plaintiff, v. First National Collection
Bureau, Inc., the Defendant, Case No. 2:19-cv-01045-DWC (W.D.
Wash., July 3, 2019), seeks to recover damages resulting from
Defendant's violations of the Fair Debt Collection Practices Act.
According to the complaint, in its efforts to collect an alleged
Debt, the Defendant contacted Plaintiff by letter dated April 23,
2019. The Letter fails to contain an explanation, understandable
by the least sophisticated consumer, of any interest that may cause
the amount stated to increase. The Letter also fails to state
whether interest is accruing, the lawsuit says.
First National is an agency that collects debt on behalf of a
variety of creditor clients. The debt may be credit card, retail
card, or telecommunications debt, auto loans, judgments, or any
other type of past-due account.[BN]
Attorneys for the Plaintiff are:
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203-7600
Facsimile: (516) 706-5055
E-mail: ConsumerRights@BarshaySanders.com
FORSTER & GARBUS: Wins Bid to Dismiss Bencomo's Amended Complaint
-----------------------------------------------------------------
The Hon. J.P. Stadtmueller granted TD Bank USA, N.A. and Target
Corporation's motion to dismiss the Plaintiff's amended complaint
in the lawsuit entitled MODESTA BENCOMO v. FORSTER & GARBUS LLP, TD
BANK USA NA, and TARGET CORPORATION, Case No. 2:18-cv-01259-JPS
(E.D. Wisc.).
Ms. Bencomo alleges in her amended complaint several causes of
action, both on behalf of herself and on behalf of a putative
class, for violations of the Fair Debt Collection Practices Act
("FDCPA") and the Wisconsin Consumer Act ("WCA").
The alleged violations arise out of a debt collection letter she
received from Forster & Garbus LLP regarding her delinquent
Target-brand credit card account. She has sued Forster, the debt
collector who sent the letter; TD Bank USA, N.A., who issued and
held Bencomo's credit card account; and Target Corporation, the
servicer of the store-branded credit card account.
The Court finds that Ms. Bencomo's amended complaint fails to state
a claim under either the FDCPA or the WCA. The Plaintiff's motion
for leave to file a second amended complaint is denied.
All remaining pending motions not addressed in this Order, except
for Ms. Bencomo's motion to seal will be denied as moot and the
motion to seal will be granted.
Judge Stadtmueller ordered that the case is dismissed, and directed
the Clerk of the Court to enter judgment accordingly.[CC]
GENERAL MOTORS: Lupis Files Product Liability Suit in Mass.
-----------------------------------------------------------
A class action lawsuit has been filed against General Motors LLC.
The case is styled as Alfred Lupis individually and on behalf of a
class of similarly situated individuals, Plaintiff v. General
Motors LLC, Defendant, Case No. 1:19-cv-11582-DPW (D. Mass., July
19, 2019).
The nature of suit is stated as Contract Product Liability for
Magnuson-Moss Warranty Act.
General Motors Company, commonly referred to as General Motors, is
an American multinational corporation headquartered in Detroit that
designs, manufactures, markets, and distributes vehicles and
vehicle parts, and sells financial services, with global
headquarters in Detroit's Renaissance Center.[BN]
The Plaintiff is represented by:
Benjamin H. Duggan, Esq.
KJC Law Firm, LLC
10 Tremont Street, 6th Flr.
Boston, MA 02108
Phone: (617) 720-8447
Email: bduggan@kjclawfirm.com
GIBBS INTERNATIONAL: Perez Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against GIBBS INTERNATIONAL,
INC. The case is styled as ROHELIO PEREZ, INDIVIDUALLY, AND ON
BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
AND ON BEHALF OF AGGRIEVED EMPLOYEES PURSUANT TO THE PRIVATE
ATTORNEYS GENERAL ACT ("PAGA"), Plaintiff v. GIBBS INTERNATIONAL,
INC., DBA GIBBS INTERNATIONAL TRUCK CENTERS, A DELAWARE
CORPORATION, Defendant, Case No. BCV-19-102006 (Cal. Super. Ct.,
Kern Cty., July 19, 2019).
The case type is stated as "Other Employment - Civil Unlimited".
Gibbs International Inc. was founded in 1972. The company's line of
business includes the wholesale distribution of industrial
machinery and equipment.[BN]
The Plaintiff is represented by DOUGLAS HAN, ESQ.
GRAND CIRCLE: Macaskill Suit Removed to Mass. Dist. Ct.
-------------------------------------------------------
ALEXANDRA MACASKILL; on behalf of herself and all others similarly
situated, Plaintiffs, v. GRAND CIRCLE TRAVEL, INC.; MARK C.
FREVERT, individually; ALAN E. LEWIS, individually, Defendants,
Case No. 1984cv01698 was removed from the Superior Court of the
Commonwealth of Massachusetts for the County of Suffolk, to the
United States District Court for the District of Massachusetts on
July 18, 2019, and assigned Case No. 1:19-cv-11571-IT.
Plaintiff's Complaint is based on rights and remedies conferred
under the Fair Labor Standards Act of 1938. Specifically, Plaintiff
asserts that she and others similarly situated to her are entitled
to damages because Defendants allegedly "did not pay them all of
the wages they were entitled to receive under the FLSA".[BN]
The Defendants are represented by:
Anthony D. Rizzotti, Esq.
Melissa L. McDonagh, Esq.
Francis J. Bingham, Esq.
One International Place, Suite 2700
Boston, MA 02110
Phone 617.378.6000
Fax 617.737.0052
Email: arizzotti@littler.com
mmcdonagh@littler.com
fbingham@littler.com
HAWAII: Kriege Files Prisoner Civil Rights Suit
-----------------------------------------------
A class action lawsuit has been filed against HCCC Hawaii Community
Correctional Center et al. The case is styled as Phillip B. Kriege,
William Dartely, Christopher H. Rooney, All others similarly
situated, Plaintiffs v. HCCC Hawaii Community Correctional Center,
ACO Adult Correctional Officers, Sgt. A. Uitu, Choy, Merrit, Sgt.
Yoshita, R. Woolsey Matsu, AC Arrira, Does 1-25, Defendants, Case
No. 3:19-cv-01343-BAS-MDD (S.D. Cal., July 18, 2019).
The nature of suit is stated as Prisoner Civil Rights.
Hawaii Community Correctional Center (HCCC) is a state prison
located in Hilo, Hawaii.[BN]
The Plaintiffs appear pro se.
I-HEALTH AND LIFE: Bleau Hits Illegal Telemarketing Calls
---------------------------------------------------------
Matthew Bleau, on behalf of himself and others similarly situated,
Plaintiff, v. I Health and Life Insurance Services, Krishen Iyer,
Defendant, Case No. 19-cv-11513, (D. Mass., July 10, 2019), seeks
damages, attorneys' fees, costs together with other relief in
violation of the Telephone Consumer Protection Act.
I Health and Life offers insurance services and in order to
generate placements, it relies on telemarketing. Despite opting
out, Bleau claims to still receive multiple calls from I-Health
without his prior express written consent. [BN]
Plaintiff is represented by:
Jeremy Cohen, Esq.
CW Law Group, P.C.
188 Oaks Road
Framingham, MA 01701
Email: jeremy@cwlawgrouppc.com
- and -
Anthony I. Paronich, Esq.
BRODERICK & PARONICH, P.C.
99 High St., Suite 304
Boston, MA 02110
Telephone: (508) 221-1510
Email: anthony@broderick-law.com
I.C. SYSTEM: Aristega Sues over Debt Collection Practices
---------------------------------------------------------
JOSE ARISTEGA, individually and on behalf of all others similarly
situated, Plaintiff v. I.C. SYSTEM, INC., Defendants, Case No.
1:19-cv-03812 (E.D.N.Y., July 1, 2019) seeks to stop the
Defendant's unfair and unconscionable means to collect a debt.
ICS Systems, Inc. provides municipal and fund accounting software
solutions for local and municipal governments, and utilities in
North Carolina. The company was founded in 1978 and is based in
Colfax, North Carolina. As of March 31, 2008, ICS Systems, Inc.
operates as a subsidiary of Computer Software Innovations, Inc.
[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203-7600
Facsimile: (516) 706-5055
E-mail: csanders@barshaysanders.com
INDIANA: Taylor Files Class Suit v. Prison Officials
----------------------------------------------------
Greg Taylor has filed a prisoner civil rights class action in
Indiana. The case is styled as Greg Taylor, Individually and on
behalf of those similarly situated, Plaintiff v. Robert Carter,
Jr., I.D.O.C. Comm., Wexford, Overholser, Dr. and Pental Dr.,
Defendants, Case No. 1:19-cv-02957-TWP-DML (S.D. Ind., July 17,
2019).
The Defendants are individuals exercising under their official
capacity.[BN]
The Plaintiff appears PRO SE.
INNSIDE VENTURES: Fischler Files Class Suit in New York
-------------------------------------------------------
Innside Ventures, LLC is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Brian Fischler, individually and on behalf of all other persons
similarly situated, Plaintiff v. Innside Ventures, LLC doing
business as: Innside New York Nomad, Defendant, Case No.
1:19-cv-04144 (E.D. N.Y., July 17, 2019).
Innside Ventures LLC (trade name Innside New York Nomad) is in the
Hotels business.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
630 Third Avenue
New York, NY 10017
Tel: (212) 392-4772
Fax: (212) 444-1030
Email: chris@lipskylowe.com
INTEGRITY STAFFING SOLUTIONS: Williams Sues over BIPA Violations
----------------------------------------------------------------
A class action complaint has been filed against Integrity Staffing
Solutions, Inc. for alleged violation of Illinois' Biometric
Information Privacy Act (BIPA) in connection with its unlawful
collection, use, and storage of Plaintiff's and the proposed Class'
sensitive, private, and personal biometric data. The case is
captioned COREY WILLIAMS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED, Plaintiff, v. INTEGRITY STAFFIN SOLUTIONS,
INC., Defendant, Case No. 2019CH07936 (Ill. Cir., Cook Cty., July
2, 2019).
Plaintiff alleges that the Defendant has violated and continues to
violate BIPA because it did not properly inform Plaintiff and
others similarly situated in writing of the specific purpose and
length of time for which their fingerprints were being collected,
stored, disseminated and used, as required by BIPA. In addition,
the Defendant did not provide a publicly available retention
schedule and guidelines for permanently destroying Plaintiffs and
other similarly-situated individuals' fingerprints, as required by
BIPA. The Defendant also did not receive a written release from
Plaintiff and others similarly situated to collect, store,
disseminate or otherwise use their fingerprints, as required by
BIPA.
Integrity Staffing Solutions, Inc. is a Delaware corporation that
operates its business in Illinois. The company provides
recruitment, clerical and professional, light industrial staging,
and direct placements services. [BN]
The Plaintiff is represented by:
Brando M. Wise, Esq.
Paul A. Lesko, Esq.
PEIFFER WOLF CARR & KANE, APLC
818 Lafayette Ave., Floor 2
St. Louis, MO 63104
Telephone: (314) 833-4825
E-mail: bwise@pwcklegal.com
plesko@pwcklegal.com
JOHNSON & JOHNSON: Gutierrez Suit Removed to S.D. California
------------------------------------------------------------
The case captioned LOUISA GUTIERREZ, an individual, DEBBIE LUNA, an
individual, on behalf of themselves and all persons similarly
situated, Plaintiffs, v. JOHNSON & JOHNSON, JOHNSON & JOHNSON
CONSUMER INC., BAUSCH HEALTH US, LLC, f/k/a VALEANT PHARMACEUTICALS
NORTH AMERICA LLC, AND DOES 1-25, inclusive, Defendants, Case No.
37-2019-00025810-CU-CTL was removed from the Superior Court of
California in and for the County of San Diego to the United States
District Court for the Southern District of California on July 18,
2019, and assigned Case No. 3:19-cv-01345-DMS-AGS.
On May 20, 2019, Louisa Gutierrez and Debbie Luna electronically
filed this Complaint in the Superior Court of California in and for
the County of San Diego. On June 4, 2019, Plaintiffs electronically
filed the First Amended Complaint ("FAC") in the same action. On
July 8, 2019, Plaintiffs served JJCI with the FAC. On June 28,
2019, Plaintiffs served Bausch Health US, LLC, f/k/a Valeant
Pharmaceuticals North America LLC ("Bausch") with the FAC.
Defendant Johnson & Johnson has not been served with a summons or
complaint in this action.[BN]
The Defendants are represented by:
STACY W. HARRISON, ESQ.
ORRICK, HERRINGTON & SUTCLIFFE LLP
777 South Figueroa Street, Suite 3200
Los Angeles, CA 90017-5855
Phone: +1 213-629-2020
Facsimile: + 213-612-2499
Email: swharrison@orrick.com
JOHR GROUP: Friedman Suit Removed to S.D. Florida
-------------------------------------------------
The case captioned TARAH FRIEDMAN, on behalf of herself and All
Others Similarly Situated, Plaintiff, v. JOHR GROUP, INC., a
Florida Profit Corporation, d/b/a EURO NIGHT CLUB, and RALPH
FRANCIS, individually, Defendants, Case No. RIC1903325 was removed
from the Circuit Court of the Seventeenth Judicial Circuit in and
for Broward County, Florida, to the United States District Court
for the Southern District of Florida on July 18, 2019, and assigned
Case No. 0:19-cv-61804-UU.
Plaintiff's Complaint contains six counts. Specifically, Plaintiff
alleged FLSA violation against JOHR in Count I, and against Francis
in Count II. Plaintiff alleged FLSA retaliation against JOHR in
Count III, and against Francis in Count IV. Plaintiff alleged
against JOHR Breach of Agreement in Count V, Quantum Meruit in
Count VI, and Unjust Enrichment in Count VII.[BN]
The Plaintiff is represented by:
Peter M. Hoogerwoerd, Esq.
Nathaly Saavedra, Esq.
Erin L. Haney, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 2200
Miami, FL 33130
Phone: (305) 416-5000
Fax: (305) 416-5005
Email: pmh@rgpattorneys.com
ns@rgpattorneys.com
eh@rgpattorneys.com
The Defendants are represented by:
Charles M. Eiss, Esq.
TIEXIN YANG, Esq.
Law Offices of Charles Eiss, P.L.
7951 SW 6th Street, Suite 112
Plantation, FL 33324
Phone: (954) 914-7890
Fax: (855) 423-5298
Email: chuck@icelawfirm.com
tiexin@icelawfirm.com
JP MORGAN: Faces Barbano Suit over Violation of RESPA
-----------------------------------------------------
ANTHONY BARBANO, individually and on behalf of all others similarly
situated, Plaintiff v. JP MORGAN CHASE BANK, N.A., Defendant, Case
No. 5:19-cv-01218 (C.D. Cal., July 1, 2019) alleges violation of
the Real Estate Settlement Procedures Act.
According to the complaint, on January 7, 2019, the Plaintiff sent
the Defendant a Notice of Error and Request for Information
pursuant to the Real Estate Settlement Procedures Act. In this
letter, the Plaintiff disputed the amount of the debt owed, and
asked for several documents associated with their account,
including, a copy of any and all recordings of the Plaintiff or any
other person concerning the Plaintiff's account. On March 5, 2019,
the Plaintiff received a response from the Defendant dated February
22, 2019. In this response, the Defendant failed to provide any of
the requested recordings.
On March 18, 2019, the Plaintiff's counsel sent a meet and confer
letter to the Defendant, again requesting the recordings. In
response, the Defendant sent letter dated April 4, 2019, in which
it stated that it needed a subpoena to release the call recordings
to the Plaintiff and the Defendant is not required to provide any
information that is overbroad and burdensome. The actions of the
Defendant violated the Real Estate Settlement Procedures Act.
JP Morgan Chase Bank, N.A., Manila Branch provides commercial
banking services in the Philippines. The company was founded in
1961 and is based in Makati City, the Philippines. JP Morgan Chase
Bank, N.A., Manila Branch operates as a subsidiary of JPMorgan
Chase Bank, National Association. [BN]
The Plaintiff is represented by:
David J. McGlothlin, Esq.
Robert L. Hyde, Esq.
HYDE & SWIGART, APC
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Telephone: (619) 233-7770
Facsimile: (619) 297-1022
E-mail: david@westcoastlitigation.com
bob@westcoastlitigation.com
KAISER FOUNDATION: Moura Appeals N.D. Calif. Ruling to 9th Cir.
---------------------------------------------------------------
Plaintiff Ian Moura filed an appeal from a Court ruling in the
lawsuit entitled Ian Moura v. Kaiser Foundation Health Plan, Inc.,
Case No. 4:17-cv-02475-JSW, in the U.S. District Court for the
Northern District of California, Oakland.
As previously reported in the Class Action Reporter, Ian Moura
filed a complaint on behalf of all others similarly situated on May
1, 2017, alleging violation of the Employee Retirement Income
Security Act.
According to the complaint, the Plaintiff suffers from an eating
disorder. The Plaintiff sued Kaiser because the Defendant
allegedly denied the Plaintiff's claim for the residential
treatment of his anorexia nervosa.
The Plaintiff seeks payment of benefits due to him, disgorgement of
profits, interest, all legal fees and any other relief as this
court deems just.
The appellate case is captioned as Ian Moura v. Kaiser Foundation
Health Plan, Inc., Case No. 19-16374, in the United States Court of
Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript must be ordered by August 12, 2019;
-- Transcript is due on September 9, 2019;
-- Appellant Ian Moura's opening brief is due on October 21,
2019;
-- Appellee Kaiser Foundation Health Plan, Inc.'s answering
brief is due on November 21, 2019; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiff-Appellant IAN MOURA, on behalf of himself and all others
similarly situated, is represented by:
Elizabeth Hopkins, Esq.
Lisa S. Kantor, Esq.
KANTOR & KANTOR, LLP
19839 Nordhoff Street
Northridge, CA 91324
Telephone: (818) 886-2525
Facsimile: (818) 350-6272
E-mail: lkantor@kantorlaw.net
ehopkins@kantorlaw.net
Defendant-Appellee KAISER FOUNDATION HEALTH PLAN, INC. is
represented by:
Sarah Gettings, Esq.
Gregory Neil Pimstone, Esq.
Joanna Sobol McCallum, Esq.
MANATT, PHELPS & PHILLIPS, LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064
Telephone: (310) 312-4193
E-mail: sgettings@manatt.com
gpimstone@manatt.com
jmccallum@manatt.com
- and -
Joseph Edward Laska, III, Esq.
MANATT PHELPS & PHILLIPS, LLP
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Telephone: (415) 291-7400
E-mail: jlaska@manatt.com
KIEWIT CORPORATION: Fails to Pay Proper Wages, Avila Suit Claims
----------------------------------------------------------------
MELVIN AVILA, individually and on behalf of all others similarly
situated, Plaintiff v. KIEWIT CORPORATION; and DOES 1 through 10,
Defendants, Case No. 19STCV01167 (Cal. Super., Los Angeles Cty.,
July 1, 2019) is an action against the Defendants for failure to
pay minimum wages, overtime compensation, authorize and permit meal
and rest periods, provide accurate wage statements, and reimburse
necessary business expenses.
The Plaintiff Avila was employed by the Defendants as hourly-paid,
non-exempt employee.
Kiewit Corporation provides construction and mining services. The
Company constructs and upgrades interstate highways, bridges, rail
lines, airport runways, oil platforms, and wastewater facilities,
as well as offers mining contract services. Kiewit serves clients
throughout the United States, Canada, and Australia. [BN]
The Plaintiff is represented by:
Kane Moon, Esq.
Justin F. Marquez, Esq.
Allen Feghali, Esq.
MOON & YANG, APC
1055 W. Seventh St., Suite 1880
Los Angeles, CA 90017
Telephone: (213) 232-3128
Facsimile: (213) 232-3125
E-mail: kane.moon@moonyanglaw.com
justin.marquez@moonyanglaw.com
allen.feghali@moonyanglaw.com
KON'TO EURO CARIBBEAN: Fails to Pay Proper Wages, Almanzar Says
---------------------------------------------------------------
BIENVENIDO ALMANZAR, individually and on behalf of all others
similarly situated, Plaintiff v. KON'TO EURO CARIBBEAN CUISINE
CORP. d/b/a SEAWALK; and GREGORIO GONZALEZ, Defendants, Case No.
1:19-cv-06093 (S.D.N.Y., June 28, 2019) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
The Plaintiff Almanzar was employed by the Defendants as non-exempt
employees.
Kon'to Euro Caribbean Cuisine Corp. d/b/a Seawalk is engaged in the
restaurant business. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
LUMINESS DIRECT: Appeals Ruling in Ruthrauff Suit to 11th Circuit
-----------------------------------------------------------------
Defendant Luminess Direct, LLC, filed an appeal from a Court ruling
in the lawsuit entitled Cynthia Ruthrauff v. Luminess Direct, LLC,
Case No. 1:18-cv-00704-AT, in the U.S. District Court for the
Northern District of Georgia.
As previously reported in the Class Action Reporter, the lawsuit is
an action to stop the Defendant's alleged practice of placing
telemarketing text message calls to cellular telephones without
procuring the necessary prior express written consent, and to stop
the Defendant's practice of sending unsolicited text messages to
cellular telephones even after the cellphone owner opted-out of the
receipt of additional messages.
The appellate case is captioned as Cynthia Ruthrauff v. Luminess
Direct, LLC, Case No. 19-12475, in the United States Court of
Appeals for the Eleventh Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- The appellant's brief is due on or before August 7, 2019;
-- The appendix is due no later than 7 days from the filing of
the appellant's brief;
-- Appellee's Certificate of Interested Persons is due on or
before July 26, 2019, as to Appellee Cynthia Ruthrauff.[BN]
Plaintiff-Appellee CYNTHIA RUTHRAUFF, individually and on behalf of
all others similarly situated, is represented by:
Jennifer Auer Jordan, Esq.
SHAMP SPEED JORDAN WOODWARD, LLP
1718 Peachtree St. NE, Suite 660
Atlanta, GA 30309
Telephone: (404) 893-9400
E-mail: jordan@ssjwlaw.com
- and -
Patrick H. Peluso, Esq.
Taylor True Smith, Esq.
WOODROW & PELUSO, LLC
3900 E Mexico Ave., Suite 300
Denver, CO 80210
Telephone: (720) 213-0675
E-mail: ppeluso@woodrowpeluso.com
tsmith@woodrowpeluso.com
- and -
Steven L. Woodrow, Esq.
WOODROW & PELUSO, LLC
2701 S Bayshore Dr., Suite 302
Miami, FL 33133-5359
Telephone: (305) 854-6129
E-mail: swoodrow@woodrowpeluso.com
Defendant-Appellant LUMINESS DIRECT, LLC, a Texas limited liability
company, is represented by:
Kellie Mitchell Bubeck, Esq.
William E. Raney, Esq.
COPILEVITZ & CANTER, LLC
423 W 8th St., Suite 400
Kansas City, MO 64105-2275
Telephone: (816) 472-9000
E-mail: KBubeck@clrkc.com
braney@clrkc.com
- and -
Eric Connelly, Esq.
James Errol Singer, Esq.
BOVIS, KYLE, BURCH & MEDLIN, LLC
200 Ashford Ctr. N, Suite 500
Atlanta, GA 30338
Telephone: (770) 391-9100
E-mail: econnelly@boviskyle.com
jes@boviskyle.com
M.A.C. COSMETICS: Fails to Pay Proper Wages, Singer et al. Allege
-----------------------------------------------------------------
ASHLEY SINGER; JILL KOBBERVIG; KELLIAN KAHOLOKULA; JANET MONTEON;
MERCEDES DEGUCHY; and NIZA JUAREZ, individually and on behalf of
all others similarly situated, Plaintiff v. M.A.C. COSMETICS, INC.;
and DOES 1 through 50, inclusive, Defendants, Case No.
37-2019-00033695-CU-OE-CTL (Cal. Super., San Diego Cty., June 28,
2019) is an action against the Defendants for failure to pay
minimum wages, overtime compensation, authorize and permit meal and
rest periods, and provide accurate wage statements.
The Plaintiffs were employed by the Defendants as hourly-paid,
non-exempt employees.
M.A.C. Cosmetics Inc. provides personal care products. The Company
offers lipstick, eye lashes, foundation, powder, concealer,
moisturizers, sponges, brush kits, fragrances, and other related
products. M.A.C. Cosmetics serves customers worldwide. [BN]
The Plaintiffs are represented by:
Bill H. Seki, Esq.
Andrew C. Pongracz, Esq.
Ashlee P. Clark, Esq.
SEKI NISHIMURA & WATASE, LLP
600 Wilshire Boulevard, Suite 1250
Los Angeles, CA 90017
Telephone: (213) 481-2869
Facsimile: (213) 481-2871
MAXDELIVERY LLC: Dicarlo Sues over Unequal Website Access
---------------------------------------------------------
A class action complaint has been filed against MaxDelivery, LLC.
for alleged violations of the New York State Human Rights Law, N.Y.
Exec. Law, and New York State Civil Rights Law. The case is
captioned DAVID DICARLO, on behalf of Plaintiff and all others
similarly situated, Plaintiff, -against- MAXDELIVERY, LLC,
Defendant, Case No. 156515/2019 (N.Y. Sup., New York Cty., July 2,
2019). Plaintiff alleges that the Defendant has committed systemic
civil rights violations by failing to provide equal Website access
to millions of blind and visually impaired individuals.
Accordingly, Plaintiff seeks injunctive and declaratory relief to
ensure that blind and visually impaired individuals have equal
access to the Website.
MaxDelivery, LLC is an American for-profit corporation under the
laws of New York State, with a process address at 31 Brookside
Drive, Greenwich, Connecticut 06830. Its Website provides an online
supermarket delivery service. It allows users to browse different
varieties of food, beverage, and daily living essentials. The
delivery service provided by the Website eliminates the time and
need for transportation in order to obtain groceries. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Brandon Sherr, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, Eighth Floor
New York, NY 10011
Telephone: (212) 465-1180
Facsimile: (212) 465-1181
MCDONALD'S RESTAURANTS: Wilson Suit Seeks Refund of Laundry Costs
-----------------------------------------------------------------
Brice J. Wilson, individually and on behalf of all other persons
similarly situated, Plaintiffs, v. McDonald's Restaurants of New
York, Inc., Defendant, Case No. 156750/2019 (N.Y. Sup., July 10,
2019), seeks reimbursement of business expenses, including
laundering of uniforms, plus interest, attorneys' fees and costs
pursuant to New York Labor Law.
Wilson was employed by Defendant at two McDonald's restaurants from
approximately March 2019 through May 2019. Defendant required him
to wear uniforms but did not offer to launder them or to provide
the uniform maintenance pay, says the complaint.[BN]
Plaintiff is represented by:
Lloyd Ambinder, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, Seventh Floor
New York, NY 10004
Tel: (212) 943-9080
Fax: (212) 943-9082
Email: lambinder@vandallp.com
MERCURY INDEMNITY: Williams Seeks Full ACV Payments
---------------------------------------------------
FAITH WILLIAMS, individually and on behalf of all others similarly
situated, the Plaintiff, vs. MERCURY INDEMNITY COMPANY OF AMERICA,
a Florida corporation, the Defendant, Case No.19-004620-CI (Fla.
6th Jud. Cir., Pinellas Cty.), seeks to recover damages suffered as
a result of the Defendant's failure to make the full Actual Cash
Value (ACV) payments or full total loss payments (FTLP) to
first-party total loss insureds with physical damage policies
containing comprehensive and collision coverages.
The Plaintiff is insured under an automobile policy issued by
Mercury for private passenger auto physical damage, including
comprehensive and collision coverage.
Under the Insurance Policy, the Defendant is required to pay ACV in
the event Plaintiff's insured vehicle is declared a total loss.
But, the Defendant systematically underpaid amounts for ACV losses,
the lawsuit says.
Mercury is private insurance company that collects more than $100
million premiums every year from its insureds.[BN]
Counsel for the Plaintiff are:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE lst Avenue, Suite 400
Miami, FL 33132
Telephone: (305) 479-2299
Facsimile: (786) 623-0915
E-mail: ashamis@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Jordan D. Utanski, Esq.
EDELSBERG LAW, P.A.
2875 NE 19lst Street, Suite 703
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
utanski@edelsberglaw.com
- and -
Edmund A. Normand, Esq.
Jacob Phillips, Esq.
NORMAND PLLC
62 West Colonial Street, Suite 209
Orlando, FL 32814
Telephone: (407) 603 6031
E-mail: ed@ednormand.com
jacob@ednormand.com
MICHIGAN: Fox Files Civil Rights Suit v. Counties
-------------------------------------------------
A class action lawsuit has been filed against County of Saginaw, et
al. The case is styled as Thomas A Fox and all those similarly
situated, Plaintiff v. County of Saginaw, by its Board of
Commissioners, Timothy M Novak in his official and individual
capacities, County of Bay by its Board of Commissioners, Richard F
Brzezinkski in his individual capacity, Shawna S Walraven in her
official and individual capacities, County of Gratiot by its Board
of Commissioners, Michelle Thomas in her official and individual
capacities, County of Midland by its Board of Commissioners, Cathy
Lunsford in her official and individual capacities, County of
Isabella by its Board of Commissioners, Steven W Pickens in his
official and individual capacities, County of Tuscola, Patricia
Donovan-Gray in her official and individual capacities, County of
Montmorency by its Board of Commissioners, Jean M Klein in her
official and individual capacities, County of Alpena by its Board
of Commissioners, Kimberly Ludlow in her official and individual
capacities, County of Oscoda by its Board of Commissioners, William
Kendall in his official and individual capacities, County of Alcona
by its Board of Commissioners, Cheryl Franks in her official and
individual capacities, County of Arenac by its Board of
Commissioners, Dennis Stawowy in his official and individual
capacities, County of Ogemaw by its Board of Commissioners, Dwight
McIntyre in his official and individual capacities, County of Clare
by its Board of Commissioners, Jenny Beemer-Fritzinger in her
official and individual capacities, County of Gladwin by its Board
of Commissioners, Christy Van Tiem in her official and individual
capacities, Defendants, Case No. 1:19-cv-11887-TLL-PTM (E.D. Mich.,
June 25, 2019).
The nature of suit is stated as Other Civil Rights.
Saginaw County, officially the County of Saginaw, is a county
located in the U.S. state of Michigan. As of the 2010 census, the
population was 200,169. The county seat is Saginaw.[BN]
The Plaintiff is represented by:
Philip L. Ellison, Esq.
P.O. Box 107
Hemlock, MI 48626
Phone: (989) 642-0055
Fax: (888) 398-7003
Email: pellison@olcplc.com
MIDLAND CREDIT: Moses Files FDCPA Suit in Pa.
---------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc. The case is styled as Tiffany Moses, individually,
and on behalf all other similarly situated consumers, Plaintiff v.
Midland Credit Management, Inc., Defendant, Case No.
2:19-cv-03115-TJS (E.D. Penn., July 17, 2019).
The docket of the case states the nature of suit as Consumer Credit
filed pursuant to the Fair Debt Collection Act.
Midland Credit Management, Inc. was founded in 1953. The company's
line of business includes extending credit to business enterprises
for relatively short periods.[BN]
The Plaintiff is represented by:
Nicholas J. Linker, Esq.
Zemel Law LLC
1373 Broad St., Suite 203-C
Clifton, NJ 07013
Tel: (862) 227-3106
Email: nl@zemellawllc.com
MIDWEST CAN: Improperly Collected Fingerprints, Wydra Alleges
-------------------------------------------------------------
MICHAEL WYDRA, individually and on behalf of all others similarly
situated v. MIDWEST CAN COMPANY, LLC and CONTAINER SPECIALTIES,
INC., Case No. 2019CH08185 (Ill. Cir., Cook Cty., July 11, 2019),
is brought under the Biometric Information Privacy Act on behalf of
all persons in Illinois, who had their fingerprints and/or
handprints improperly collected, captured, received, otherwise
obtained or disclosed by MCC or CSI.
Midwest Can Company, LLC manufactures and markets containers. The
Company was founded in 1951 and is based in Franklin Park,
Illinois. Container Specialties, Inc., was founded in 1983. CSI's
line of business includes the manufacturing of plastic bottles.
The Defendants operate their shared facility in Cook County,
Illinois.[BN]
The Plaintiff is represented by:
Margherita M. Albarello, Esq.
DI MONTE & LIZAK, LLC
216 Higgins Road
Park Ridge, IL
Telephone: (847) 698-9600
E-mail: malbarello@dimontelaw.com
- and -
Alejandro Caffarelli, Esq.
Madeline K. Engel, Esq.
CAFFARELLI & ASSOCIATES LTD.
224 S. Michigan Ave., Suite 300
Chicago, IL 60604
Telephone: (312) 763-6880
E-mail: a.caffarelli@caffarelli.com
m.engel@caffarelli.com
MILK MAKEUP: Dawson Alleges Violation under Disabilities Act
------------------------------------------------------------
Milk Makeup LLC is facing a class action lawsuit filed pursuant to
the Americans with Disabilities Act. The case is styled as Leshawn
Dawson, on behalf of himself and all others similarly situated,
Plaintiff v. Milk Makeup LLC, Defendant, Case No. 1:19-cv-06675
(S.D. N.Y., July 17, 2019).
Milk Makeup is a New York City-based cosmetics and skin care
company created by the founders of Milk Studios.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
MONSANTO COMPANY: Hoge Sues over Sale of Herbicide Roundup
----------------------------------------------------------
MERRIL HOGE, the Plaintiff, v. MONSANTO COMPANY, the Defendants,
Case No. 4:19-cv-00252-REB (D. Idaho, July 3, 2019), seeks to
recover damages suffered by the Plaintiff, as a direct and
proximate result of the Defendant's negligent and wrongful conduct
in connection with the design, development, manufacture, testing,
packaging, promoting, marketing, advertising, distribution,
labeling, and/or sale of the herbicide Roundup (TM), containing the
active ingredient glyphosate.
The Plaintiff maintains that Roundup (TM) and/or glyphosate is
defective, dangerous to human health, unfit and unsuitable to be
marketed and sold in commerce, and lacked proper warnings and
directions as to the dangers associated with its use. Mr. Bumpus's
injuries, like those striking thousands of similarly situated
victims across the country, were avoidable.
The Plaintiff brings this action for personal injuries sustained by
exposure to Roundup (TM), which contains the active ingredient
glyphosate and the surfactant polyethoxylated tallow amine (POEA).
As a direct and proximate result of being exposed to Roundup, the
Plaintiff developed diffuse Non-Hodgkin's Lymphoma.
Roundup refers to all formulations of Defendant's Roundup products,
including, but not limited to, Roundup Concentrate Poison Ivy and
Tough Brush Killer 1, Roundup Custom Herbicide, Roundup D-Pak
Herbicide, Roundup Dry Concentrate, Roundup Export Herbicide,
Roundup Fence & Hard Edger 1, Roundup Garden Foam Weed & Grass
Killer, Roundup Grass and Weed Killer, Roundup Herbicide, Roundup
Original 2k Herbicide, Roundup Original II Herbicide, Roundup Pro
Concentrate, Roundup Pro Dry Herbicide, and Roundup Promax.[BN]
The Plaintiff is represented by:
Robert K. Beck, Esq.
ROBERT K. BECK & ASSOCIATES
3456 East 17 th Street, Suite 215
Idaho Falls, ID 83406
Telephone: (208) 524-2664
Facsimile: (208) 524-2707
E-mail: robert@robertkbeck.com
- and -
Joseph A. Osborne, Esq.
J. Robert Bell III, Esq.
OSBORNE & FRANCIS
433 Plaza Real, Suite 271
Boca Raton, FL 33432
Telephone: (561) 293-2600
Facsimile: (561) 923-8100
E-mail: josborne@realtoughlawyers.com
rbell@realtoughlawyers.com
MRS BAKING: Ahmed Seeks to Recover Unpaid Overtime Wages
--------------------------------------------------------
Naseer Ahmed, individually and on behalf of all other collective
persons similarly situated, Plaintiffs, v. MRS Baking Distribution
Corp., Ira Lampert, Steve Borg and John Does 1-10, jointly and
severally, Defendants, Case No. 19-cv-03989 (E.D. N.Y., July 10,
2019), seeks unpaid overtime wages, liquidated damages,
compensatory damages, punitive damages, costs and attorneys' fees
and prejudgment and post-judgment interest associated with the
bringing of this action, plus any additional relief pursuant to the
Fair Labor Standards Act and New York Labor Laws.
Defendants operate a bakery where Ahmed worked as a warehouse
supervisor at their College Point location. Ahmed claims to have
regularly worked in excess of forty hours per week without overtime
pay. [BN]
Plaintiff is represented by:
Samuel C. DePaola, Esq.
SIM & DEPAOLA, LLP
42-40 Bell Blvd., Suite 201
Bayside, NY 11361
Tel: (718) 631-7300
Fax: (718) 631-2700
Email: sdepaola@simdepaola.com
OEI HOLDINGS: Alcazar Seeks Minimum & Overtime Wages
----------------------------------------------------
ANGELA ALCAZAR, ROSA CAZAREZ, AMERICA DUARTE, MARIA TERESA
VALDOVINOS, and MARIA JUANA ZARAGOZA, on behalf of themselves and
all others similarly situated, the Plaintiffs, vs. OEI HOLDINGS,
LLC AKA "FARMINGTON FRESH SALES, LLC" AKA "ONIONS, INC"; FF SUB,
LLC, AKA "FARMINGTON FRESH CUTS, LLC"; DAVID N. RAJKOVICH; FRESH
INNOVATIONS CALIFORNIA, LLC, AKA "FRESH INNOVATIONS, LLC"; AC FRESH
BUYER, LLC; ARABLE CAPITAL PARTNERS, LLC; and Does 1 through 20,
inclusive, the Defendants, Case No. 2:19-cv-01209-KJM-AC (E.D.
Cal., June 28, 2019), alleges that Defendants violated the
California Labor Code and the Agricultural Workers Protection Act
by failing to pay minimum wages, failing to pay overtime wages,
failing to provide timely and complete meal periods or pay
additional wages, failing to provide timely and complete rest
periods or pay additional wages, and failing to indemnify employees
for all necessary expenditures or losses incurred.[BN]
Attorneys for the Plaintiffs and class of similar situated
employees are:
Stan S. Mallison, esq.
Hector R. Martinez, esq.
Staci Schoff, Esq.
MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
Oakland, CA 94612-3547
Telephone: (510) 832-9999
Facsimile: (510) 832-1101
E-mail: StanM@TheMMLawFirm.com
HectorM@TheMMLawFirm.com
Staci@TheMMLawFirm.com
OFFICE DEPOT: Ninth Circuit Appeal Filed in Alvarez Class Suit
--------------------------------------------------------------
Plaintiff Alvin Alvarez filed an appeal from a Court ruling in his
lawsuit styled Alvin Alvarez v. Office Depot Inc., Case No.
2:17-cv-07220-PSG-AFM, in the U.S. District Court for the Central
District of California, Los Angeles.
As previously reported in the Class Action Reporter on July 10,
2019, the Honorable Philip S. Gutierrez denied the Plaintiff's
motion for class certification in the lawsuit.
The Plaintiff moved to certify a class of "all hourly, non-exempt
employees of Office Depot working in warehouse and/or distribution
centers in the State of California from August 28, 2013 through the
date of certification." He also sought to certify three
subclasses:
* Rest Break Subclass:
All Class Members who worked shifts more than 3.5 hours in
length;
* Drug-Testing Subclass:
All Class Members who were required to undergo mandatory
drug-testing after they accepted an offer of employment with
Office Depot but before they began working; and
* Regular Rate Subclass:
All class members who were paid a Supply Chain Safety Bonus
for the same workweek that they also received overtime pay,
a meal period premium and/or a rest break premium.
The appellate case is captioned as Alvin Alvarez v. Office Depot
Inc., Case No. 19-80084, in the United States Court of Appeals for
the Ninth Circuit.[BN]
Plaintiff-Petitioner ALVIN ALVAREZ, individually, and on behalf of
other members of the general public similarly situated, is
represented by:
Liana Carter, Esq.
Robert Drexler, Jr., Esq.
Melissa Grant, Esq.
Ryan Wu, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Liana.Carter@CapstoneLawyers.com
Robert.Drexler@Capstonelawyers.com
Melisssa.Grant@capstonelawyers.com
ryan.wu@capstonelawyers.com
Defendant-Respondent OFFICE DEPOT INC., a Delaware Corporation, is
represented by:
John David Hayashi, Esq.
MORGAN, LEWIS & BOCKIUS LLP
5 Park Plaza
Irvine, CA 92614
Telephone: (949) 399-7124
E-mail: john.hayashi@morganlewis.com
- and -
Samuel Saman Sadeghi, Esq.
Alejandro David Szwarcsztejn, Esq.
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626
Telephone: (714) 830-0489
E-mail: sam.sadeghi@morganlewis.com
david.szwarcsztejn@morganlewis.com
OHEKA MANAGEMENT: Dominguez Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Oheka Management LLC.
The case is styled as Yovanny Dominguez on behalf of himself and
all others similarly situated, Plaintiff v. Oheka Management LLC,
Defendant, Case No. 1:19-cv-06731 (S.D. N.Y., July 19, 2019).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Oheka Management LLC operates Oheka Castle, America's
second-largest private home and an inspiration for "The Great
Gatsby".[BN]
The Plaintiff is represented by:
Bradly Gurion Marks, Esq.
The Marks Law Firm PC
175 Varick Street 3rd Floor
New York, NY 10014
Phone: (646) 770-3775
Fax: (646) 867-2639
Email: bmarkslaw@gmail.com
OHIO: Ibrahim Seeks Certification of Refugees Class in CRIS Suit
----------------------------------------------------------------
Gumaa Ibrahim and Badreldin Rahouma, Plaintiffs in the lawsuit
styled COMMUNITY REFUGEE AND IMMIGRATION SERVICES; Gumaa Ismail
Yahya IBRAHIM; and Badreldin RAHOUMA, on behalf of themselves and
all others similarly situated v. Charles NORMAN, Registrar, Ohio
Bureau of Motor Vehicles, in his official capacity, Case No.
2:18-cv-01189-EAS-KAJ (S.D. Ohio), file with the Court their
supplemental brief in support of their motion for class
certification.
The Plaintiffs seek certification of a class that consists of:
All refugees residing in Ohio who possess a valid refugee
I-94 document that is more than two years old and have not
yet adjusted their status to that of a lawful permanent
resident.
The Plaintiffs also ask that Emily Brown, Esq., Kathleen Kersh,
Esq., Mark Heller, Esq., and Eugenio Mollo, Esq., of Advocates for
Basic Legal Equality, Inc., and Caroline Gentry, Esq., Ana P.
Crawford, Esq., and David P. Shouvlin, Esq., of Porter Wright
Morris & Arthur LLP, be appointed as class counsel in this case.
The lawsuit is brought to challenge the Defendant's
unconstitutional policy that denies Ohio driver's licenses to named
Plaintiffs and similarly situated individuals, who hold refugee
status and who were admitted to the United States as refugees more
than two years ago.[CC]
The Plaintiffs are represented by:
Emily M. Brown, Esq.
Kathleen C. Kersh, Esq.
Mark R. Heller, Esq.
Eugenio Mollo, Jr., Esq.
ADVOCATES FOR BASIC LEGAL EQUALITY, INC.
130 West Second St., Suite 700E
Dayton, OH 45402
Telephone: (937) 535-4408
Facsimile: (937) 535-4600
E-mail: ebrown@ablelaw.org
kkersh@ablelaw.org
mheller@ablelaw.org
emollo@ablelaw.org
- and -
Caroline H. Gentry, Esq.
Ana P. Crawford, Esq.
David P. Shouvlin, Esq.
PORTER WRIGHT MORRIS & ARTHUR LLP
One South Main Street, Suite 1600
Dayton, OH 45402
Telephone: (937) 449-6748
Facsimile: (937) 449-6820
E-mail: cgentry@porterwright.com
acrawford@porterwright.com
dshouvlin@porterwright.com
OHIO: IJPC Moves to Certify Class of Non-Citizens' Minor Children
-----------------------------------------------------------------
The Plaintiffs in the lawsuit titled INTERCOMMUNITY JUSTICE AND
PEACE CENTER, Erlin Lorena RODRIGUEZ ENAMORADO, individually and as
next friend of J.G.R., Maria MONJARAZ, individually and as next
friend of A.M., Maria Del Rosario CABRERA, individually and as next
friend of K.I.A., on behalf of themselves and all others similarly
situated v. Charles NORMAN, Registrar, Ohio Bureau of Motor
Vehicles, in his official capacity, Case No. 2:18-cv-01247-EAS-KAJ
(S.D. Ohio), file with the Court their supplemental brief in
support of their motion for class certification.
The proposed class consists of:
All 16- and 17-year-olds residing in Ohio who are U.S.
citizens or otherwise "legally present," and whose parents
are non-citizens and do not possess the required USCIS
documentation to co-sign the minors' driver's license or
state identification card applications.
The Plaintiffs also ask the Court to appoint Emily Brown, Esq.,
Kathleen Kersh, Esq., Mark Heller, Esq., and Eugenio Mollo, Esq.,
of Advocates for Basic Legal Equality, Inc., and Caroline Gentry,
Esq., Ana P. Crawford, Esq., and David P. Shouvlin, Esq., of Porter
Wright Morris & Arthur LLP, as class counsel.[CC]
The Plaintiffs are represented by:
Emily M. Brown, Esq.
Kathleen C. Kersh, Esq.
Mark R. Heller, Esq.
Eugenio Mollo, Jr., Esq.
ADVOCATES FOR BASIC LEGAL EQUALITY, INC.
130 West Second St., Suite 700E
Dayton, OH 45402
Telephone: (937) 535-4408
Facsimile: (937) 535-4600
E-mail: ebrown@ablelaw.org
kkersh@ablelaw.org
mheller@ablelaw.org
emollo@ablelaw.org
- and -
Caroline H. Gentry, Esq.
Ana P. Crawford, Esq.
David P. Shouvlin, Esq.
PORTER WRIGHT MORRIS & ARTHUR LLP
One South Main Street, Suite 1600
Dayton, OH 45402
Telephone: (937) 449-6748
Facsimile: (937) 449-6820
E-mail: cgentry@porterwright.com
acrawford@porterwright.com
dshouvlin@porterwright.com
OLD NAVY: Barba Files Tort Class Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against OLD NAVY, LLC. The
case is styled as ANASTASHA BARBA, BRENDA TRIPICCHIO, FOR
THEMSELVES AS PRIVATE ATTORNEY GENERAL AND/OR ON BEHALF OF ALL
OTHERS SIMILARLY SITUATED, Plaintiffs v. OLD NAVY, LLC, DOES 1-20,
INCLUSIVE, OLD NAVY (APPAREL), LLC, OLD NAVY HOLDINGS, LLC, THE
GAP, INC., Defendants, Case No. CGC19577743 (Cal. Super. Ct., San
Francisco Cty., July 18, 2019).
The case type is stated as "BUSINESS TORT".
Old Navy is an American clothing and accessories retailing company
owned by American multinational corporation Gap Inc.[BN]
OMNI FAMILY HEALTH: Ower Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against OMNI FAMILY HEALTH.
The case is styled as MARILOU OWER, INDIVIDUALLY, AND ON BEHALF OF
OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED AND ON
BEHALF OF AGGRIEVED EMPLOYEES PURSUANT TO THE PRIVATE ATTORNEYS
GENERAL ACT ("PAGA"), Plaintiff v. OMNI FAMILY HEALTH, A CALIFORNIA
CORPORATION, Defendants, Case No. BCV-19-102007 (Cal. Super. Ct.,
Kern Cty., July 19, 2019).
The case type is stated as "Other Employment - Civil Unlimited".
Omni Family Health provides quality healthcare services throughout
Kern County, while fulfilling its mission of commitment to
improving the health of the communities it serves and providing the
highest quality healthcare to everyone.[BN]
The Plaintiff is represented by DOUGLAS HAN, ESQ.
OPTIO SOLUTIONS: Perez Files FDCPA Suit in M.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against Optio Solutions LLC.
The case is styled as Anita Perez individually and on behalf of all
others similarly situated, Plaintiff v. Optio Solutions LLC doing
business as: Qualia Collection Services, and John Does 1-25,
Defendants, Case No. 6:19-cv-01324-CEM-TBS (M.D. Fla., July 18,
2019).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Optio Solutions, LLC, doing business as Qualia Collection Services,
provides accounts receivable management and debt collection
services.[BN]
The Plaintiff is represented by:
Justin Zeig, Esq.
Zeig Law Firm, LLC
3595 Sheridan Street, Suite 310
Hollywood, FL 33024
Phone: (754) 217-3084
Fax: (754) 217-3084
Email: justin@zeiglawfirm.com
OPTUM 360: Smith Files Class Suit in Minnesota
----------------------------------------------
A class action lawsuit has been filed against Optum 360 LLC. The
case is styled as Peter D. Smith, Emily Smith individually and on
behalf of all others similarly situated, Plaintiffs v. Optum 360
LLC, Quest Diagnostics Incorporated, Laboratory Corporation of
America Holdings, Defendants, Case No. 0:19-cv-01903-DWF-DTS (D.
Minn., July 18, 2019).
The nature of suit is stated as Other Personal Property.
Optum360, LLC was founded in 2013. The company's line of business
includes providing computer programming services.[BN]
The Plaintiff is represented by:
Bryan L. Bleichner, Esq.
Karl L Cambronne, Esq.
Chestnut Cambronne PA
17 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Phone: (612) 339-7300
Fax: (612) 336-2940
Email: bbleichner@chestnutcambronne.com
kcambronne@chestnutcambronne.com
- and -
Karen Hanson Riebel, Esq.
Kate M. Baxter-Kauf, Esq.
Lockridge Grindal Nauen PLLP
100 Washington Ave S, Ste 2200
Mpls, MN 55401-2179
Phone: (612) 339-6900
Fax: (612) 339-0981
Email: khriebel@locklaw.com
kmbaxter-kauf@locklaw.com
OUIDAD HOLDINGS: Dawson Files Class Suit in New York
----------------------------------------------------
Ouidad Holdings, LLC is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Leshawn Dawson, on behalf of himself and all others similarly
situated, Plaintiff v. Ouidad Holdings, LLC, Defendant, Case No.
1:19-cv-06682 (S.D. N.Y., July 17, 2019).
Ouidad Holdings LLC is the parent company of Ouidad, the "Queen of
Curl", an internationally recognized stylist, salon owner, mother,
author and global educator. In 1984, as the pioneer of the curly
hair industry, she opened the first salon in the country to cater
exclusively to curly hair. Since then her trademarked cutting and
styling techniques and specialized line of award winning products,
have instilled confidence in curly and wavy haired people everyway.
Sought out by editors and peers for her extensive knowledge,
Ouidad's progressive teaching style, informative website, and
dedication to curl education all further her goal to empower every
stylist with the knowledge of how to work with curls.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
PARTNERS HEALTHCARE: Uses Outdated Benefit Plan Rates, Suit Says
----------------------------------------------------------------
SCOTT BELKNAP, individually and on behalf of all others similarly
situated, Plaintiff v. PARTNERS HEALTHCARE SYSTEM, INC., Defendant,
Case No. 1:19-cv-11437-FDS (D. Mass., June 28, 2019) alleges
violation of the Employee Retirement Income Security Act of 1974.
According to the complaint, the Defendant uses the 1951 Group
Annuity Mortality Table projected to the 1960 Mortality Table, set
back two years for participants, and set back three years for
beneficiaries (the "Adjusted 1951 GAM") and a 7.5% interest rate to
determine the present value of the Non Single Life Annuities under
the Brigham Plan and for benefits earned prior to 2017 and for all
balances for grandfathered participants under the Defendants'
Plan.
The Adjusted 1951 GAM is based on mortality rates from more than 60
years ago. Even with the modest projections and setbacks, using the
Adjusted 1951 GAM depresses the present value of Non Single Life
Annuities Annuities, resulting in monthly payments that are
materially lower than they would be if the Defendant used
reasonable, current actuarial assumptions -- like the ones it uses
in its audited financial statements to calculate the benefits it
expects to pay retirees.
The Plaintiff worked for Massachusetts General Hospital for more
than 37 years. By using outdated mortality assumptions, the
Defendant reduced the present value of the Plaintiff's benefits by
$10,099.77. This improper reduction causes the Plaintiff and other
participants and beneficiaries of the Plans to receive less than
they should every month and will continue to affect them throughout
their retirements.
The Defendant caused Plaintiff and Class Members to unknowingly
forfeit and lose part of their vested benefits in violation of
Employee Retirement Income Security Act's anti-forfeiture rule.
Partners HealthCare System operates as a non-profit organization.
The Organization offers patient care, research, teaching, and other
health care services. Partners HealthCare System serves communities
globally. [BN]
The Plaintiff is represented by:
Douglas P. Needham, Esq.
Robert A. Izard, Esq.
Mark P. Kindall, Esq.
Seth R. Klein, Esq.
Oren Faircloth, Esq.
IZARD KINDALL & RAABE LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: (860) 493-6292
Facsimile: (860) 493-6290
E-mail: dneedham@ikrlaw.com
rizard@ikrlaw.com
mkindall@ikrlaw.com
sklein@ikrlaw.com
ofaircloth@ikrlaw.com
- and -
Gregory Y. Porter, Esq.
Mark G. Boyko, Esq.
BAILEY & GLASSER LLP
1054 31st Street, NW, Suite 230
Washington, DC 20007
Telephone: (202) 463-2101
Facsimile: (202) 463-2103
E-mail: gporter@baileyglasser.com
mboyko@baileyglasser.com
PIRCH, INC: Aiello Seeks Unpaid Wages for Sales Associates
----------------------------------------------------------
LUCIANO AIELLO, as an individual and on behalf of all others
similarly situated, the Plaintiff, vs. PIRCH, INC., a California
Corporation; and DOES 1 through 100, Case No. 19STCV23149 (Cal.
Super. Ct., July 3, 2019), seeks to recover unpaid wages and
penalties, declaratory relief, and restitution under the California
Labor Code.
The Plaintiff worked as a Sales Associate and "Advisor of Lifestyle
Experiences," working primarily out of Defendants' Glendale
location until his separation from the company in approximately
March 2017. As a Sales Associate, the Plaintiff's job duties
primarily consisted of selling appliances, plumbing and outdoor
products to Defendants' customers. The Plaintiff was paid on a
commission-based pay plan with a recoverable draw, and Plaintiff
was engaged in inside sales.
Notwithstanding that Plaintiff and other Sales Associate were paid
on a commission-based pay plan with a recoverable draw, the
Defendants did not provide them with an opportunity to take any
paid rest periods, nor did Defendants separately compensate them
for their rest periods, the lawsuit says.
Pirch is a fixture and appliance retailer for kitchen, bath and
outdoor products based in San Diego, California. Founded in 2009,
the company expanded to 10 metropolitan markets throughout the
United States before pulling back to its four California stores in
2017.[BN]
Attorneys for the Plaintiff are:
Paul K. Haines, Esq.
Stacey M. Shim, Esq.
Tuvia Korobkin, Esq.
HAINES LAW GROUP, APC
222 N. Sepulveda Blvd., Suite 1550
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: tkorobkin@haineslawgroup.com
phaines@haineslawgroup.com
sshim@haineslawgroup.com
PIVOTAL SOFTWARE: Mothorpe Sues over 29% Drop in Share Price
------------------------------------------------------------
ALANDRA MOTHORPE, individually and on behalf of all others
similarly situated, Plaintiff v. PIVOTAL SOFTWARE, INC.; ROBERT
MEE; CYNTHIA GAYLOR; PAUL MARITZ; MICHAEL S. DELL; ZANE ROWE;
EGORN DURBAN; WILLIAM D. GREEN; MARCY S. KLEVON; KHOZEMA Z.
SHIPCHANDLER; MORGAN STANLEY & CO. LLC; GOLDMAN SACHS & CO. LLC;
CITIGROUP GLOBAL MARKETS INC.; MERRILL LYNCH; PIERCE FENNER & SMITH
INC.; BARCLA YS CAPITAL INC.; CREDIT SUISSE SECURITIES (USA) LLC;
RBC CAPITAL MARKETS, LLC; UBS SECURITIES LLC; WELLS FARGO
SECURITIES, LLC; KEYBANC CAPITAL MARKETS INC.; WILLIAM BLAIR &
COMPANY, LLC; MISCHLER FINANCIAL GROUP, INC.; SAMUEL A. RAMIREZ &
COMPANY, INC.; SIEBERT CISNEROS SHANK & CO., LLC; WILLIAMS CAPITAL
GROUP; AND DOES 1-25, INCLUSIVE, Defendants, Case No. CGC-19-577110
(Cal. Super., San Francisco Cty., June 27, 2019) is a class action
on behalf of all those who purchased or acquired Pivotal common
stock pursuant to the Defendants' Registration Statement and
Prospectus issued in connection with Pivotal's April 20, 2018
initial public offering, in violation of the Securities Act of
1933.
According to the complaint, on April 2018, the Defendants commenced
the IPO pursuant to the Registration Statement. Throughout the
Registration Statement, Pivotal repeatedly promoted its product,
the Pivotal Application Service ("PAS"), a cloud-native application
platform the Company released in November 2013. In August 2017, the
Company released a new product, Pivotal Container Service ("PKS"),
a container management platform that allows enterprises to deploy
and operate Kubernetes, an open-source system for container
operations originally developed by Google.
The Registration Statement also touted the Company's sales and
customer success model, emphasizing Pivotal's partnerships and
joint-selling opportunities with technology giants Amazon,
Microsoft and Google and claiming the Company "worked closely" with
these large cloud providers.
These statements and others in the Registration Statement were
false and misleading and omitted to state material facts both
required by governing regulations and necessary to make the
statements made therein not misleading. Contrary to the
Registration Statement's hyping of the Company's increased "market
opportunity" and increasing new customer subscriptions, Pivotal was
in truth experiencing deferred sales, lengthening sales cycles and
diminished growth in new customers as a result of increased
competition and decreased demand for its products. However, the
price of Pivotal common stock plummeted as the market learned,
following the IPO, that the Company's products, competitive
environment, ability to grow and financial prospects were not as
strong as represented in the Registration Statement.
Specifically, after the market closed on June 4, 2019, Pivotal
released a disappointing earnings report for its first quarter
fiscal year 2020, revealing a decline in deferred revenue and weak
billing numbers.
On this news, the Company's share price fell $7.65 per share, over
41%, to close at $10.89 per share on June 5, 2019, on unusually
heavy trading volume. By the commencement of this action, Pivotal
stock was trading as low as $10.52 per share, a 29% decline from
the $15 per share IPO price.
Pivotal Software, Inc., together with its subsidiaries, provides a
cloud-native application platform and services in the United
States. The company was founded in 2013 and is headquartered in San
Francisco, California. [BN]
The Plaintiff is represented by:
Reed R. Katherein, Esq.
Danielle Smith, Esq.
Lucas E. Gilmore, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: reed@hbsslaw .com
danielles@hbsslaw.com
lucasg@hbsslaw .com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
PRAXIS HOUSING: Fails to Pay Proper Overtime, Davis Suit Alleges
----------------------------------------------------------------
ANTHONY DAVIS, individually and on behalf of all others similarly
situated, Plaintiff v. PRAXIS HOUSING INITIATIVES, INC., Defendant,
Case No. 156439/2019 (N.Y. Sup., New York Cty., June 28, 2019) is
an action against the Defendant's failure to pay the Plaintiff and
the class overtime compensation for hours worked in excess of 40
hours per week.
Mr. Davis was employed by the Defendant as an hourly-paid
employee.
Praxis Housing Initiatives, Inc. operates as a non-profit
organization. The Organization offers emergency supportive housing,
independent living skills development, disease treatment adherence
education, overdose prevention training, placement assistance, and
nutritional counseling. Praxis Housing Initiatives serves
communities in the State of New York. [BN]
The Plaintiff is represented by:
Mark Gaylord, Esq.
BOUKLAS GAYLORD LLP
445 Broadhollow Road, Suite 110
Melville, NY 11747
Telephone: (516) 742-4949
Facsimile: (516) 742-197
E-mail: mark@bglawny.com
PRESBYTERIAN HEALTH: Does Not Pay Overtime Under FLSA, Pruess Says
------------------------------------------------------------------
DANIA PRUESS, on behalf of herself and all others similarly
situated v. PRESBYTERIAN HEALTH PLAN, INC., Case No. 1:19-cv-00629
(D.N.M., July 11, 2019), arises from alleged violations of the Fair
Labor Standards Act, and the New Mexico Minimum Wage Act.
The Plaintiff brings this action on behalf of herself and other
similarly situated Care Coordination Employees who, due to the
Defendant's alleged misclassification scheme, were not paid all
earned overtime pay for time they worked in excess of 40 hours in
one or more individual work weeks.
Presbyterian Health Plan is a New Mexico corporation. The
Defendant is a state-licensed Health Maintenance Organization in
New Mexico. As an HMO, the Defendant's business consists of
entering into health maintenance contracts with its health plan
customers to provide managed care services to health plan enrollees
in exchange for fixed monthly fee per health plan enrollee.[BN]
The Plaintiff is represented by:
Travis M. Hedgpeth, Esq.
THE HEDGPETH LAW FIRM, PC
3050 Post Oak Blvd., Suite 510
Houston, TX 77056
Telephone: (281) 572-0727
E-mail: travis@hedgpethlaw.com
- and -
Jack Siegel, Esq.
SIEGEL LAW GROUP PLLC
2820 McKinnon, Suite 5009
Dallas, TX 75201
Telephone: (214) 790-4454
E-mail: Jack@siegellawgroup.biz
PROFESSIONAL CLAIMS: Calderon Sues over Debt Collection Practices
-----------------------------------------------------------------
KATHY CALDERON, individually and on behalf all others similarly
situated, Plaintiff vs. PROFESSIONAL CLAIMS BUREAU, INC.,
Defendant, Case No. 2:19-cv-03819 (E.D.N.Y., July 1, 2019) seeks to
stop the Defendant's unfair and unconscionable means to collect a
debt.
Professional Claims Bureau, Inc. provides receivable collection and
management services. The Company offers insurance follow-up,
credentialing, skip tracing, zero balance claim review, and
practice management services. [BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (516) 203-7600
Facsimile: (516) 706-5055
E-mail: csanders@barshaysanders.com
QUEST DIAGNOSTICS: Demarshall Sues over Data Breach
---------------------------------------------------
The case captioned as MICHAEL DEMARSHALL, individually and on
behalf of all others similarly situated, the Plaintiff, vs.
OPTUM360, LLC, QUEST DIAGNOSTICS INCORPORATED, and LABORATORY
CORPORATION OF AMERICA HOLDINGS, the Defendants, Case No.
0:19-cv-01764-MJD-BRT (D.Minn, July 3, 2019), alleges that
Defendants failed to:
-- properly secure and safeguard protected health information,
as defined by the Health Insurance Portability and Accountability
Act ("HIPAA"), medical information, and other personally
identifiable information (collectively, "PII");
-- provide timely, accurate, and adequate notice to Plaintiff
and other Class Members that the integrity of their PII had been
compromised; and
-- provide timely, accurate, and adequate notice to Plaintiff
and other Class Members of the nature and scope of the PII that was
exposed.
On June 3, 2019, Quest publicly announced that approximately two
weeks earlier on May 14, its billing collections vendor AMCA
advised Quest of "unauthorized activity on AMCA's web payment page"
which compromised the PII of approximately 11.9 million Quest
patients. The exposed PII included "financial information (e.g.,
credit card numbers and bank account information), medical
information and other personal information (e.g., Social Security 3
Numbers)" ("Data Breach"). Quest further revealed that the exposure
occurred between August 1, 2018, and March 30, 2019.
Despite the breadth and sensitivity of the PII that was exposed and
the attendant consequences to patients as a result thereof,
Defendants failed to disclose the Data Breach for nearly two months
from the time it was first discovered, further exacerbating harm to
patients. Moreover, to date, Defendants have not disclosed the full
extent and nature of the Data Breach, nor offered anything to its
patients to address and compensate the harm they have suffered.
The Data Breach was a direct result of Defendants' failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect Patient PII. The Defendants
disregarded the rights of Plaintiff and Class Members by
intentionally, willfully, recklessly, or negligently failing to
take adequate and reasonable measures to ensure its data systems
were protected against unauthorized intrusions; failing to disclose
that it did not have adequately robust computer systems and
security practices to safeguard Patient PII; failing to take
16 standard and reasonably available steps to prevent the Data
Breach; failing to monitor and timely detect the Data Breach; and
failing to provide Plaintiff and Class Members prompt and accurate
notice of the Data Breach.
As a result of Defendants' failure to implement and follow basic
security procedures, Patient PII is now in the hands of thieves.
Plaintiff and Class Members have had to spend, and will continue to
spend, significant amounts of time and money in an effort to
protect themselves from the adverse ramifications of the Data
Breach and will forever be at a heightened risk of identity theft
and fraud, the lawsuit says.[BN]
The Plaintiff is represented by:
Garrett D. Blanchfield, Esq.
Brant D. Penney, Esq.
REINHARDT WENDORF & BLANCHFIELD
W-1050 First National Bank Building
332 Minnesota Street
St. Paul, MN 55101
Telephone: 651-287-2100
Facsimile: 651-287-2103
E-mail: g.blanchfield@rwblawfirm.com
- and -
Eugene A. Spector, Esq.
William G. Caldes, Esq.
Jeffrey L. Spector, Esq.
SPECTOR ROSEMAN & KODROFF, P.C.
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: 215-496-0300
Facsimile: 215-496-6611
E-mail: espector@srkattorneys.com
bcaldes@srkattorneys.com
jspector@srkattorneys.com
- and -
David P. McLafferty, Esq.
MCLAFFERTY LAW FIRM, P.C.
923 Fayette Street
Conshohocken, PA 19428
Telephone: 610-940-4000
Facsimile: 610-940-4007
E-mail: dpmclafferty@mclaffertylaw.com
RITE AID: Dicarlo Files ADA Suit in S.D. New York
-------------------------------------------------
A class action lawsuit has been filed against Rite Aid of New York,
Inc. The case is styled as David Dicarlo on behalf of himself and
all others similarly situated, Plaintiff v. Rite Aid of New York,
Inc., Case No. 7:19-cv-06565 (S.D. N.Y., July 15, 2018).
The Plaintiff filed the case under the Americans with Disabilities
Act.
Rite Aid of New York Inc. retails pharmaceutical products. The
Company offers prescription drugs, proprietary drugs,
over-the-counter medicines, health and beauty aids, personal care
items, cosmetics, household items, beverages, convenience foods,
and non-prescription medicines.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Lee Litigation Group, PLLC
148 west 24th Street, Ste 8th Floor
New York, NY 10011
Phone: (212) 465-1180
Fax: (212) 465-1181
Email: cklee@leelitigation.com
ROGER HOLLER: Li Seeks Unpaid Overtime, Hits Retaliation
--------------------------------------------------------
Shih-Yi Li, and others similarly situated, Plaintiffs, v. Roger
Holler Chevrolet Co., Audi North Orlando, Classic Honda, Classic
Mazda, Mazda Lakeland, Holler Hyuandai, Genesis North Orlando,
Driver's Mart Winter Park and Driver's Mart Sanford, Defendant,
Case No. 19-cv-01249, (M.D. Fla., July 9, 2019), seeks to recover
uncovered wages and benefits, liquidated damages, compensatory
damages, reinstatement, prejudgment interest, and attorney's fees
and costs for violation of the Fair Labor Standards Act, the
Florida Constitution Article X, Section 24, the Florida
Whistleblower Act and Family Medical Leave Act.
Defendants are car dealers where Li worked as a salesperson for
each at some point in time. He claims to be paid below minimum wage
due to penalty deductions, and claims to be owed overtime pay.
He also accuses Roger Holler Chevrolet of advertising vehicles for
sale that are not in its inventory, and was denied medical leave in
retaliation for this allegation. [BN]
Plaintiff is represented by:
Melissa C. Mihok, Esq.
CPLS, P.A.
201 East Pine Street, Suite 445
Orlando, FL 32801
Tel: (407) 647-7887
Fax: (407) 647-5396
Email: mmihok@cplspa.com
courtefiling@cplspa.com
SAN FRANCISCO, CA: Lam May File Writ of Certiorari on September 1
-----------------------------------------------------------------
Justice Elena Kagan extended until September 1, 2019, the time to
file a petition for a writ of certiorari in the matter styled
Alfred Lam, et al. v. City and County of San Francisco, California,
et al., Case No. 19A6, in the Supreme Court of United States.
The Lower Court Case is titled ALFRED LAM; PAULA LEIATO,
Plaintiffs-Appellants v. CITY AND COUNTY OF SAN FRANCISCO, et al.,
Defendants-Appellees, Case No. 17-15208, in the United States Court
of Appeals for the Ninth Circuit.
In this appeal, Alfred Lam and Paula Leiato appeal pro se from the
District Court's summary judgment in their action alleging
employment discrimination; from the District Court's award of costs
to the Defendants; and from the District Court's denial of their
motion to reconsider a prior summary judgment. The Ninth Circuit
affirmed in part and dismissed in part.
The District Court case is captioned ALFRED LAM, on behalf of
themself and of Asian Pacific American employees and representative
of the class of the same or similarly situated CCSF employees and
PAULA LEIATO, on behalf of themselves and of Asian Pacific American
employees and representative of the class of the same or similarly
situated CCSF employees v. CITY AND COUNTY OF SAN FRANCISCO; et
al., Case No. 4:10-cv-04641-PJH, in the U.S. District Court for the
Northern District of California, Oakland.
Plaintiffs-Petitioners Alfred Lam, et al., appears pro se.[BN]
SAROOP & SONS: Underpays Chicken Cutters, Ortega et al. Claim
-------------------------------------------------------------
ERENDIRA BRAVO ORTEGA; VIRGEN REYES LUCERO; and ZENAIDA ANTONIO DEL
CARMEN, individually and on behalf of all others similarly
situated, Plaintiffs v. SAROOP & SONS INC. D/B/A SAROOP & SONS;
PRANDIT SAROOP; and ANDY SAROOP, Defendants, Case No. 1:19-cv-06063
(S.D.N.Y., June 28, 2019) is an action against the Defendants for
unpaid regular hours, overtime hours, minimum wages, wages for
missed meal and rest periods.
The Plaintiffs were employed by the Defendants as chicken cutters
and livestock handlers.
Saroop & Sons owned, operated, or controlled a poultry and
livestock market, located at 2164 Webster Ave. Bronx, NY 10457.
[BN]
The Plaintiffs were represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
SCENTSY INC: Dawson Files Class Suit under Disabilities Act
-----------------------------------------------------------
Scentsy, Inc. is facing a class action lawsuit filed pursuant to
the Americans with Disabilities Act. The case is styled as Leshawn
Dawson, on behalf of himself and all others similarly situated,
Plaintiff v. Scentsy, Inc., Defendant, Case No. 1:19-cv-06680 (S.D.
N.Y., July 17, 2019).
Scentsy, Inc. manufactures home and personal fragrance products. It
provides diffusers, tabletop nightlight bases, warmers, warmer
accessories, and scent storage boxes; and bars, car bars, natural
and essential oils, room sprays, scent circles, scent packs, and
travel tins.[BN]
The Plaintiff is represented by:
Joseph H Mizrahi, Esq.
Cohen & Mizrahi LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Tel: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
SHAFER PROJECT: Lewis Suit to Recoup Unpaid Overtime Wages, Damages
-------------------------------------------------------------------
Michael Lewis, individually and on behalf of all others similarly
situated, Plaintiff, v. Shafer Project Resources, Inc., Defendant,
Case No. 19-cv-00186 (S.D. Tex., July 9, 2019), seeks to recover
unpaid overtime and other damages under the Fair Labor Standards
Act.
Shafer is an energy services support company specializing in
providing project managers, designers, inspectors, safety
consultants and administrative personnel to the energy industry
where Lewis worked as a pipeline and coating inspector. Throughout
his employment with Shafter, he was paid a day-rate with no
overtime compensation. He claims that he was paid a salary
regardless of the number of hours he worked that day without any
overtime pay for hours worked in excess of forty hours in a
workweek. [BN]
Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: (713) 352-1100
Fax: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
SHOP-VAC CORP: Johnson Files False Labeling Suit Over Vacuums
-------------------------------------------------------------
Kevin Johnson, individually and on behalf of all others similarly
situated, Plaintiff, v. Shop-Vac Corporation, Defendant, Case No.
19-cv-14834, (D. N.J., July 9, 2019), seeks compensatory damages,
statutory damages and injunctive relief resulting from breach of
implied and express warranty, unjust enrichment, negligent
misrepresentation, and fraud for violation of various state
consumer protection statutes.
Shop-Vac manufacture vacuums and accessories, including wet/dry
vacuums. Johnson alleges that the labeling and packaging of the
vacuums contains misleading power ratings, claiming that the actual
capacity is only a small fraction of what their labels say.
Johnson purchased the Shop-Vac 16 Gallon 6.5 Peak horsepower
Stainless Steel Contractor Wet Dry Vac. Upon use, his Shop-Vac
vacuum did not produce anywhere near 6.5 horsepower. [BN]
The Plaintiff is represented by:
Frederick J. Klorczyk, III, Esq.
Neal J. Deckant, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (212) 989-9113
Facsimile: (212) 989-9163
E-Mail: ndeckant@bursor.com
fklorczyk@bursor.com
SHOWS CALI: Calogero Appeals E.D. Louisiana Ruling to 5th Circuit
-----------------------------------------------------------------
Plaintiff Iris Calogero filed an appeal from a Court ruling in her
lawsuit titled Iris Calogero v. Shows, Cali & Walsh, L.L.P., et
al., Case No. 2:18-CV-6709, in the U.S. District Court for the
Eastern District of Louisiana, New Orleans.
The nature of suit is stated as consumer credit.
As previously reported in the Class Action Reporter, the class
action lawsuit was filed on July 16, 2018.
Shows, Cali & Walsh, L.L.P. offers a wide range of legal services
and the practice includes an array of clients, both plaintiff and
defendant.
The appellate case is captioned as Iris Calogero v. Shows, Cali &
Walsh, L.L.P., et al., Case No. 19-30558, in the U.S. Court of
Appeals for the Fifth Circuit.[BN]
Plaintiff-Appellant IRIS CALOGERO, On her own behalf, on behalf of
All Others Similarly Situated, is represented by:
Keren E. Gesund, Esq.
GESUND & PAILET, L.L.C.
3421 N. Causeway Boulevard
Metairie, LA 70002
Telephone: (702) 300-1180
E-mail: gesundk@gesundlawoffices.com
Defendants-Appellees SHOWS, CALI & WALSH, L.L.P., a Louisiana
Limited Liability Partnership, MARY CATHERINE California and JOHN
C. WALSH are represented by:
David Scranton Daly, Esq.
FRILOT, L.L.C.
1100 Poydras Street
New Orleans, LA 70163
Telephone: (504) 599-8329
E-mail: ddaly@frilot.com
SKAGIT BONDED: Adams Sues over Debt Collection Practices
--------------------------------------------------------
BRETT ADAMS, individually and on behalf of all others similarly
situated, Plaintiff v. SKAGIT BONDED COLLECTORS, LLC d/b/a SB&C,
LTD., Defendant, Case No. 2:19-cv-01005 (W.D. Wash., June 27, 2019)
seeks to stop the Defendant's unfair and unconscionable means to
collect a debt. The case is assigned to Thomas S. Zilly.
Skagit Bonded Collectors, LLC d/b/a SB&C, LTD. is a company engaged
as a collection agency. [BN]
The Plaintiff is represented by:
Amorette Rinkleib, Esq.
THOMPSON CONSUMER LAW GROUP, PLLC
5235 E. Southern Ave., D106-618
Mesa, AZ 85206
Telephone: (602) 899-9189
Facsimile: (866) 317-2674
E-mail: arinkleib@ThompsonConsumerLaw.com
SMILEDIRECTCLUB LLC: Nguyen Sues Over Unsolicited Text Messages
---------------------------------------------------------------
TRANG NGUYEN, on behalf of herself and all others similarly
situated v. SMILEDIRECTCLUB, LLC, Case No. 1:19-cv-06453 (S.D.N.Y.,
July 11, 2019), is brought on behalf of all consumers in the United
States, who have received unsolicited and unconsented-to commercial
text messages to their mobile phones from Smile Direct in violation
of the Telephone Consumer Protection Act.
SmileDirectClub, LLC, is a dental alignment company with a
principal office in Nashville, Tennessee.
SmileDirectClub designs and manufactures dental equipment. The
Company supplies invisible aligners and braces to get straight
teeth. SmileDirectClub serves customers in the United States.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Brandon Sherr, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, Eighth Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
brandon@leelitigation.com
SSD ENTERPRISES: Benton Labor Suit Seeks Unpaid Overtime Pay
------------------------------------------------------------
Stacy Benton, individually and on behalf of all others similarly
situated, Plaintiff, v. SSD Enterprises, Inc., Defendant, Case No.
19-cv-02493, (S.D. Tex., July 10, 2019), seeks unpaid wages and
statutory damages pursuant to the Fair Labor Standards Act.
SSD Enterprises, Inc. operates as The Ritz Houston Gentlemen's Club
where Benton worked as a female exotic dancer. She claims to be
misclassified as an independent contractor rather than as an
employee thus denied the required wages and overtime. [BN]
Plaintiff is represented by:
Gregg C. Greenberg, Esq.
ZIPIN, AMSTER, & GREENBERG, LLC
8757 Georgia Ave., Suite 400
Silver Spring, MD 20910
Office: (301) 587–9373
Fax: (240) 839-9142
Email: ggreenberg@zagfirm.com
- and -
Jay Forester, Esq.
FORESTER HAYNIE PLLC
1701 N. Market Street, Suite 210
Dallas, TX 75202
Tel: (214) 210-2100
Email: jay@foresterhaynie.com
STEVENS TRANSPORT: Morris Suit to Recover Minimum Wages
-------------------------------------------------------
Bobbie Morris, on behalf of themselves and the Class, Plaintiff, v.
Stevens Transport Services, Inc., Defendant, Case No. 19-cv-01641,
(N.D. Tex., July 9, 2019), seeks compensation for all hours worked,
liquidated damages, costs and expenses of this action and
reasonable legal fees under the Fair Labor Standards Act.
Morris worked as a road truck driver for Stevens Transport for the
last three years, which paid flat amounts per load of goods
delivered rather than an hourly wage basis and did not necessarily
meet the mandatory minimum wage, despite the Plaintiff working well
over 40 hours for the week, says the complaint. [BN]
Plaintiff is represented by:
Robert E. Goodman, Jr., Esq.
KILGORE & KILGORE, PLLC
3109 Carlisle Street
Dallas, TX 75204
Tel: (214) 379-0823
Fax: (214) 379-0840
Email: reg@kilgorelaw.com
SUPERIOR HEALTHCARE: Offredo Sues Over Bogus Stem Cell Shots
------------------------------------------------------------
Michelle Offredo, on behalf of herself and all others similarly
situated, Plaintiff, v. Elite Integrated Medical, LLC, Fite Health
and Wellness Center, LLC and Superior Healthcare, Defendants, Case
No. CV19917884, (Ohio Comm. Pleas., July 9, 2019) seeks statutory
damages and attorney fees for violation of the Ohio Consumer Sales
Practices Act.
Fite Health and Wellness Center operates as Superior Healthcare
Group and has a registered name as Elite Integrated Medical, Ohio.
It performs certain stem cell procedures on patients.
In August 2018, Offredo received a postcard from Superior
Healthcare advertising a seminar regarding the use of stem cell
therapy for back problems of which she had been suffering from for
years. Superior Healthcare arranged for the financing of the
$10,000 treatment and gave her two injections that day and was led
to believe they were injecting stem cells. However, the injections
did nothing for her pain and the procedure was not supported by
clinical evidence, says the complaint. [BN]
Plaintiff is represented by:
James S. Wertheim, Esq.
JAMES S WERTHEIM LLC
24700 Chagrin Blvd., Suite 309
Beachwood, OH 44122
Tel: (216) 902-1719
Email: wertheimjim@gmail.com
SUTTER HEALTH: Mangrubang Seeks Unpaid Wages, Damages
-----------------------------------------------------
Gina Mangrubang, on behalf of herself and all others similarly
situated, Plaintiff, v. Sutter Health and Does 1–50, Defendants,
Case No. 19-cv-03947 (N.D. Cal., July 9, 2019), seeks redress for
Defendant's failure to provide meal periods, rest periods, minimum
wages, overtime, complete and accurate wage statements;
retaliation; and unfair business practices. The Plaintiff also
seeks waiting time penalties for unpaid wages due upon termination
and for violation of the California Labor Code, California Business
and Professions Code, including declaratory relief damages,
penalties, equitable relief, costs and attorneys' fees.
Sutter is a healthcare system that is comprised of doctors,
hospitals and other health care professionals that provide services
in more than 100 Northern California cities and towns, with major
service lines of care including cardiac care, women's and
children's services, cancer care, orthopedics and advanced patient
safety technology.
Mangrubang was employed by Sutter Health at Sutter Santa Rosa
Regional Hospital in Sonoma County, California as a respiratory
therapist. [BN]
Plaintiff is represented by:
Ben J. Meiselas, Esq.
Marcus Petoyan, Esq.
Matthew M. Hoesly, Esq.
Noah Geldberg, Esq.
GERAGOS & GERAGOS A PROFESSIONAL CORPORATION LAWYERS
Historic Engine Co. No. 28
644 South Figueroa Street
Los Angeles, CA 90017-3411
Telephone (213) 625-3900
Facsimile (213) 232-3255
Email: Geragos@Geragos.com
TASTEE PATTEE: Ogunbodede Labor Suit Seeks Unpaid Overtime Wages
----------------------------------------------------------------
Sylvia Ogunbodede, individually and on behalf of others similarly
situated, Plaintiffs, v. Michael A. Patterson, Mitzie Patterson and
Tastee Pattee Ltd., Defendants, Case No. 19-cv-03946, (E.D. N.Y.,
July 9, 2019), seeks unpaid overtime wages, liquidated damages,
compensatory damages, punitive damages, costs and attorneys' fees,
and prejudgment and post-judgment interest associated with the
bringing of this action, plus any additional relief pursuant to the
Fair Labor Standards Act and New York Labor Laws.
Defendants operate Tastee Pattee, a restaurant chain with locations
in New York City where Ogunbodede worked as a cashier at their
Brooklyn location. She claims to have regularly worked in excess of
forty hours per week without overtime pay. [BN]
Plaintiff is represented by:
Darren P. B. Rumack, Esq.
THE KLEIN LAW GROUP
39 Broadway Suite 1530
New York, NY 10004
Tel: (212) 344-9022
Fax: (212) 344-0301
TRADESMEN INT'L: Ashbaugh Labor Suit Removed to S.D. Cal.
---------------------------------------------------------
The case captioned Jason Ashbaugh, on behalf of herself and all
others similarly situated, Plaintiff, v. Tradesmen International,
LLC and Does 1 through 50, inclusive, Defendants, Case No.
37-2019-00024307 (Cal. Super., May 10, 2019), was removed to the
U.S. District Court for the Southern District of California on June
26, 2019 under Case No. 19-cv-01282.
Ashbaugh seeks redress for failure to provide meal periods, rest
periods, minimum wages, overtime, complete and accurate wage
statements, reimbursement of business-related expenses and
resulting from unfair business practices, waiting time penalties
for unpaid wages due upon termination and for violation of the
California Labor Code, California Business and Professions Code,
including declaratory relief, damages, penalties, equitable relief,
costs and attorneys' fees.[BN]
Plaintiff is represented by:
Norman B. Blumenthal, Esq.
BLUMENTHAL, NORDREHAUG & BHOWMIK LLP
2255 Calle Clara
La Jolla, CA 92037
Telephone: (858) 551-1223
Facsimile: (858) 551-1232
Email: norm@bamlawlj.com
Defendants are represented by:
Gerald L. Maatman, Esq.
Daniel Chul Whang, Esq.
Christina N. Pacudan, Esq.
SEYFARTH SHAW LLP
233 S. Wacker Drive, 80th Floor
Chicago, IL 60606
Telephone: (312) 460-5000
Facsimile: (312) 460-7000
Email: gmaatman@seyfarth.com
dwhang@seyfarth.com
cpacudan@seyfarth.com
- and -
Justin Curley, Esq.
Melissa B. Black, Esq.
Minal Haymond, Esq.
SEYFARTH SHAW LLP
560 Mission Street, 31st Floor
San Francisco, CA 94105
Telephone: (415) 397-2823
Facsimile: (415) 397-8549
Email: jcurley@seyfarth.com
mblack@seyfarth.com
mahaymond@seyfarth.com
TRH OPERATING: Nisbett Files Class Suit in New York
---------------------------------------------------
TRH Operating Company LLC is facing a class action lawsuit filed
pursuant to the Americans with Disabilities Act. The case is styled
as Kareem Nisbett, individually and on behalf of all other persons
similarly situated, Plaintiff v. TRH Operating Company LLC,
Defendant, Case No. 1:19-cv-06688 (S.D. N.Y., July 17, 2019).
TRH Operating Company LLC provides investment advisory
services.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
Lipsky Lowe LLP
630 Third Avenue
New York, NY 10017
Tel: (212) 392-4772
Fax: (212) 444-1030
Email: chris@lipskylowe.com
TRIVAGO GMBH: Trinidad Files Suit in Florida
--------------------------------------------
A lawsuit has been filed against TRIVAGO GmbH pursuant to the Cuban
Liberty and Democratic Solidarity Act of 1996. The case is
captioned DIEGO TRINIDAD individually and on behalf of all others
similarly situated, Plaintiff, v. TRIVAGO GmbH, a German limited
liability company, BOOKING.COM B.V., a Dutch limited liability
company, GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y
TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA
S.A., RAUL DOE 1-5, MARIELA ROE 1-5, Defendants, Case No.
1:19-cv-22618-XXXX in Miami-Dade County on June 24, 2019.
However, the case was subsequently transferred to the U.S. District
Court for the Southern District of Florida and assigned Case No.
1:19-cv-22629.
The nature of suit is stated as Other Statutory Actions.[BN]
The Plaintiff is represented by:
Andres Rivero, Esq.
Rivero Mestre LLP
2525 Ponce de Leon Blvd., Suite 1000
Miami, FL 33134
Phone: 305-445-2500
UNITED DOMESTIC: Quirarte Suit Asserts Civil Rights Violation
-------------------------------------------------------------
ALICIA QUIRARTE; NORA MAYA; ANH LE; VIET LE; and JOSE DIAZ,
individuals v. UNITED DOMESTIC WORKERS AFSCME LOCAL 3930, a labor
organization; and BETTY YEE, in her official capacity as State
Controller of the State of California, Case No.
3:19-cv-01287-CAB-KSC (S.D. Cal., July 11, 2019), is brought on
behalf of the Plaintiffs and all others similarly situated alleging
violations of their First Amendment rights.
The In-Home Supportive Service ("IHSS") provide services to
disabled individuals, who qualify for California Medicaid
("Medi-Cal"). The IHSS program offers non-medical assistance
services to California residents, who are 65 and over, or younger
individuals with disabilities, who qualify for Medi-Cal. IHSS is a
statewide program administered at the county level under the
direction of the California Department of Social Services.
The Plaintiffs allege that the Defendants are violating the First
Amendment rights of IHSS providers by deducting and collecting
union dues from their IHSS payments over their objections and
without clear and compelling evidence that they waived their First
Amendment rights.
Unified Domestic Workers AFSCME Local 3930 is a labor organization
whose principal place of business is in San Diego, California.
Betty Yee is the State Controller of California, and is sued in her
official capacity as State Controller. The State Controller is a
constitutional office of the State of California.[BN]
The Plaintiffs are represented by:
William L. Messenger, Esq.
NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION
8001 Braddock Road, Suite 600
Springfield, VA 22160
Telephone: (703) 321-8510
E-mail: wlm@nrtw.org
- and -
Karin Sweigart, Esq.
Mariah Gondeiro, Esq.
FREEDOM FOUNDATION
P.O. Box 552
Olympia, WA 98507
Telephone: (360) 956-3482
Facsimile: (360) 352-1874
E-mail: ksweigart@freedomfoundation.com
mgondeiro@freedomfoundation.com
UNITED STATES: Christensen Files Suit v. DOE Sec.
-------------------------------------------------
A class action lawsuit has been filed against the Secretary of
Education. The case is styled as Nellie H. Christensen on behalf of
herself and all others similarly situated, Plaintiff v. Elizabeth
DeVos in her official capacity as Secretary of Education, United
States Department of Education, Defendant, Case No.
2:19-cv-00509-DBP (D. Utah, July 19, 2019).
The nature of suit is stated as Other Statutes: Administrative
Procedures Act/Review or Appeal of Agency Decision.
Elisabeth Dee DeVos is the 11th and current United States Secretary
of Education since 2017. DeVos is a Republican known for her
support for school choice, school voucher programs, and charter
schools.[BN]
The Plaintiff is represented by:
Cameron Steven Christensen, Esq.
SUMSION BUSINESS LAW
3651 N 100 E STE 300
PROVO, UT 84604
Phone: (801) 375-2830
Email: cameron@businesslawutah.com
- and -
Steven A. Christensen, Esq.
CHRISTENSEN YOUNG & ASSOCIATES PLLC
9980 S 300 W #200
SANDY, UT 84070
Phone: (801) 676-6447
Email: stevenchristen@gmail.com
UNIVERSITY OF SOUTHERN CALIFORNIA: Munro Seeks to Certify Class
---------------------------------------------------------------
The Plaintiffs in the lawsuit titled ALLEN MUNRO, et al. v.
UNIVERSITY OF SOUTHERN CALIFORNIA et al., Case No.
2:16-cv-06191-VAP-E (C.D. Cal.), seek certification of this class:
All participants and beneficiaries of the University of
Southern California Defined Contribution Retirement Plan and
the University of Southern California Tax-Deferred Annuity
Plan from August 17, 2010, through the date of judgment,
excluding the Defendants.
The Plaintiffs also ask the Court to appoint Schlichter Bogard &
Denton, LLP as class counsel.
Plaintiffs Allen Munro, Daniel C. Wheeler, Jane A. Singleton, Sarah
Wohlgemuth, Rebecca A. Snyder, Dion Dickman, Corey Clark, and
Steven L. Olson are or were during the time in suit participants in
the University of Southern California Defined Contribution
Retirement Plan and the University of Southern California
Tax-Deferred Annuity Plan (collectively "Plans"), defined
contribution plans governed by the Employee Retirement Income
Security Act of 1974. The Defendants are fiduciaries of the Plan,
who owe to the Plans and all participants a broad range of
fiduciary duties.
The Plaintiffs allege that the Defendants breached those duties and
caused prohibited transactions by causing the Plan to pay
unreasonable and excessive fees to the Plans' service providers and
by providing imprudent investment options. The Plaintiffs bring
this action on behalf of the Plans against the Defendants, and seek
to recover all losses to the Plans resulting from the Defendants'
ERISA violations as well as equitable relief as provided for in 29
U.S.C. Section 1109(a).
The Court will commence a hearing on November 25, 2019, at 2:00
p.m., to consider the Motion.[CC]
The Plaintiffs are represented by:
Jerome J. Schlichter, Esq.
Michael A. Wolff, Esq.
Sean E. Soyars, Esq.
Kurt C. Struckhoff, Esq.
SCHLICHTER, BOGARD & DENTON
100 South Fourth Street, Suite 1200
St. Louis, MO 63102
Telephone: (314) 621-6115
Facsimile: (314) 621-5934
E-mail: jschlichter@uselaws.com
mwolff@uselaws.com
ssoyars@uselaws.com
kstruckhoff@uselaws.com
- and -
Steven M. Goldsobel, Esq.
LAW OFFICES OF STEVEN GOLDSOBEL,
A PROFESSIONAL CORPORATION
1901 Avenue of the Stars, Suite 1750
Los Angeles, CA 90067
Telephone: (310) 552-4848
Facsimile: (310) 695-3860
E-mail: steve@sgoldsobel.com
VAN SUILICHEM: Thomas Moves for Certification of Class Under FLSA
-----------------------------------------------------------------
The Plaintiff in the lawsuit entitled CHARLES THOMAS, an individual
v. VAN SUILICHEM ENTERPRISES, LLC, A Michigan Limited Liability
Company, and, DAVID WAYNE VAN SUILICHEM , an individual, jointly
and severally, Case No. 1:19-cv-00090-RJJ-PJG (W.D. Mich.), moves
the Court to grant conditional class certification pursuant to
Section 216(b) of the Fair Labor Standards Act.[CC]
The Plaintiff is represented by:
Robert Anthony Alvarez, Esq.
Agustin Henriquez, Esq.
AVANTI LAW GROUP, PLLC
600 28th St. SW
Wyoming, MI 49509
Telephone: (616) 257-6807
E-mail: ralvarez@avantilaw.com
ahenriquez@avantilaw.com
The Defendants are represented by:
Kevin B. Even, Esq.
Christopher S. Berry, Esq.
SMITH HAUGHEY RICE & ROEGGE
900 Third St., Suite 204
Muskegon, MI 49440
Telephone: (231) 724-4320
E-mail: keven@shrr.com
cberry@shhr.com
WYNDHAM VACATION: Forney Suit Removed to C.D. California
--------------------------------------------------------
The case captioned JERRY LEE FORNEY, individually and on behalf of
all others similarly situated, Plaintiff, v. WYNDHAM VACATION
OWNERSHIP, INC., a Delaware Corporation; WYNDHAM DESTINATIONS,
INC., a Delaware Corporation; and Does 1-50, inclusive, Defendants,
Case No. RIC1903325 was removed from the Superior Court of the
Superior Court of the State of California for the County of
Riverside, to the United States District Court for the Central
District of California on July 17, 2019, and assigned Case No.
5:19-cv-013014.
Plaintiff's Complaint alleges seven causes of action, including 1)
failure to pay minimum wage; 2) failure to provide paid rest
periods and pay rest period premiums; 3) failure to provide meal
periods and pay meal period premiums; 4) failure to furnish
accurate wage statements; 5) waiting time penalties; 6) unfair
competition; and 7) penalties pursuant to the Private Attorney
Generals Act of 2004 ("PAGA").[BN]
The Defendants are represented by:
ANTHONY TODARO, ESQ.
BENJAMIN M. GIPSON, ESQ.
ALEXANDRIA WALKER, ESQ.
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400, North Tower
Los Angeles, CA 90067-4704
Phone: 310.595.3000
Fax: 310.595.3300
Email: anthony.todaro@us.dlapiper.com
ben.gipson@us.dlapiper.com
alexandria.walker@us.dlapiper.com
Asbestos Litigation
ASBESTOS UPDATE: AG Announces Guilty Plea for Asbestos Removal
--------------------------------------------------------------
Walter Wright, Esq. -- wwright@mwlaw.com -- at Mitchell, Williams,
Selig, Gates & Woodyard, P.L.L.C., in an article for JDSupra, wrote
that the United States Attorney's Office for the District of
Connecticut issued a May 23rd news release stating that Aleks Rakaj
plead guilty to one count of illegal asbestos removal in violation
of the Clean Air Act.
The alleged asbestos removal is stated to have taken place at a
property in New Haven, Connecticut.
Mr. Rakaj and his two cousins were stated to have been informed by
a realtor that a purchased property contained asbestos. Further, it
is alleged that Mr. Rakaj and his cousins failed to "abide by laws
and regulations concerning asbestos removal, resulting in exposure
of those who were at the site to the negative health effects of
asbestos."
An unannounced inspection is stated to have taken by place by the
New Haven Health Department on November 20, 2015 at the relevant
property. The inspectors are stated to have discovered the illegal
asbestos removal. Such illegal removal is stated to have included
asbestos-containing "air cell" pipe wrap and asbestos-containing
"mag block" tank and boiler insulation. Also, 100-150 standard
garbage bags filled with unlabeled, unwetted asbestos-containing
material is stated to have been observed.
Mr. Rakaj is scheduled to be sentenced on August 15, 2019.
ASBESTOS UPDATE: Claims v. Maremont Channeled to an Asbestos Trust
------------------------------------------------------------------
Meritor, Inc. disclosed on July 9, 2019, that all current and
future asbestos claims related to certain of its subsidiaries'
historical asbestos-related activities have been channeled to an
asbestos trust that will process and satisfy all the claims going
forward pursuant to the Trust's resolution and payment procedures.
This is pursuant to the accomplishment of their Joint Pre-Packaged
Plan of Reorganization, which was approved in June 2019 by the
District Court for the District of Delaware.
The Company said, "Maremont Corporation, a non-operating subsidiary
of Meritor, and Maremont's three wholly-owned, non-operating
subsidiaries, Maremont Exhaust Products, Inc., AVM, Inc., and
Former Ride Control Operating Company, Inc. (collectively with
Maremont, the "Debtors") have consummated their Joint Pre-Packaged
Plan of Reorganization (the "Plan"). The Plan was confirmed by the
U.S. Bankruptcy Court for the District of Delaware on May 17, 2019
and approved by the District Court for the District of Delaware on
June 27, 2019. All current and future asbestos claims related to
the Debtors' historical asbestos-related activities have been
channeled to an asbestos trust (the "Trust") that will process and
satisfy all such claims going forward pursuant to the Trust's
resolution and payment procedures."
A full-text copy of the Press Release of Meritor, Inc., dated July
9, 2019, is available at https://is.gd/SeBBeS
ASBESTOS UPDATE: Developer Asks Pa. Panel for Redo on $1.47M Fine
-----------------------------------------------------------------
Law360 reported that the company redeveloping a former Westinghouse
research facility outside of Pittsburgh deserves a new hearing on
the Allegheny County Health Department's $1.47 million fine for the
developer's alleged mishandling of asbestos removal, the developer
told the Commonwealth Court of Pennsylvania.
Churchill Community Development LP, which has been working to
convert parts of the Westinghouse Research Park into a movie
studio, argued in its brief that the Allegheny County Court of
Common Pleas was right to overturn a health department hearing
officer's determination that the company had the assets to prepay
the county's largest-ever asbestos fine.
ASBESTOS UPDATE: J&J Denials of Asbestos in Baby Powder Spurs Probe
-------------------------------------------------------------------
Jef Feeley, writing for Bloomberg News, reported that the U.S.
Justice Department is pursuing a criminal investigation into
whether Johnson & Johnson lied to the public about the possible
cancer risks of its talcum powder, people with knowledge of the
matter said.
The criminal probe, which hasn't been reported previously,
coincides with a regulatory investigation and civil claims by
thousands of cancer patients that J&J's () Baby Powder talc was
responsible for their illness. Now, a grand jury in Washington is
examining documents related to what company officials knew about
any carcinogens in their products, the people said.
Baby Powder accounts for only a tiny fraction of J&J's annual
revenue, but it's been a core brand for the company for more than a
century. Questions about the product's safety have led to more than
14,000 lawsuits from consumers asserting that the company's talc
products caused their ovarian cancer or mesothelioma, a rare form
of the disease linked to asbestos exposure.
J&J disclosed in February that it had received subpoenas, but
little was known then about the investigation behind them,
including whether the matter was civil or criminal.
"We have been fully cooperating with the previously disclosed DOJ
investigation and will continue to do so," said J&J spokeswoman Kim
Montagnino. "Johnson's Baby Powder does not contain asbestos or
cause cancer, as supported by decades of independent clinical
evidence."
The Justice Department didn't immediately respond to requests for
comment.
Shares of J&J declined by 4.2 per cent to close at US$134.30, after
falling as much as 5.6 per cent.
INTERNAL MEMOS
J&J, the world's largest maker of health care products, has said
safety tests of its Baby Powder over many decades have shown no
presence of asbestos. But some of the lawsuits have turned up
internal memos as far back as the 1960s and '70s that contain
warnings from company scientists that asbestos detected in J&J's
talc was a "severe health hazard" that could pose a legal risk for
the company.
Justice Department prosecutors, FBI agents and Securities and
Exchange Commission regulators are almost surely looking at whether
J&J officials' public denials that their talc-based products ever
contained asbestos were truthful, legal experts said. SEC
spokeswoman Judy Burns declined to comment.
Nearly a dozen juries have concluded J&J knew that some of their
Baby Powder and former Shower-to-Shower products had at least trace
amounts of asbestos and failed to disclose that to consumers. Over
the past three years, jurors have awarded a total of more than $5
billion to people who blame the powders for their cancers.
The company has said it has set aside money for legal costs related
to talc claims but hasn't said how much. Bloomberg Intelligence
estimates that civil settlements could cost J&J as much as US$15
billion overall. J&J says it has no liability because the products
are safe.
Shares of J&J plunged as much as 17 per cent in December -- erasing
billions in value -- after news reports about memos appearing to
show that J&J executives knew the products were contaminated with
asbestos as early as the 1970s.
DOCUMENT REQUESTS
The February document requests from the Justice Department, the SEC
and the top Democrat on the Senate Committee on Health, Education,
Labor and Pensions sought information about the company's knowledge
of asbestos in its talc-based products. J&J said it would be
"cooperating with these government inquiries and will be producing
documents in response."
The grand jury was impaneled after the Justice Department's fraud
unit started an investigation. Investigators are probably looking
for more internal communications that might conflict with the
company's public statements, said Henry Klingeman, a former federal
prosecutor now in private practice in New Jersey.
"Since J&J is a public company, they are probably looking at
whether their statements amounted to fraudulent statements to
consumers and regulators," Klingeman said in an interview. "I'd
also think they'd be looking at whether they violated
securities-fraud laws."
The grand jury inquiry is likely to influence any talks between J&J
and plaintiffs over resolving their claims out of court, said Peter
Henning, a law professor at Wayne State University in Detroit.
"This will make it more difficult for Johnson & Johnson to settle
the civil cases as long as there is a continuing criminal
investigation, which may require employees to testify before a
federal grand jury," Henning said. "Civil plaintiffs may not want
to settle until they know better whether criminal charges will be
filed, which they can use to aid their cases."
INVESTOR SUITS
In addition to the consumers' suits, some J&J investors have
accused the company of defrauding them, arguing in lawsuits that
J&J failed to disclose that its powder was tainted and that the
company's shares were artificially inflated as a result.
Jacob Frenkel, a former SEC trial lawyer now in private practice in
Washington, said there's no timeline for grand-jury investigations
and no certainty it will result in charges. "This could be a
high-profile government investigation that goes nowhere," he said.
"Regardless of the outcome, the timetable for such investigations
can measure in years, not months," he added.
Baby powder is mostly talc, a mineral used to keep skin dry and as
an astringent to prevent diaper rash. It's also used in consumer
products such as makeup, paint and dietary supplements. But
geological formations that contain talc also yield asbestos, a
mineral once used in products such as building insulation.
Scientists have found strong links between asbestos and
mesothelioma, while plaintiffs' lawyers claim that studies have
also shown a link between talc and ovarian cancer. In court
filings, J&J has disputed both contentions.
INDEMNITY AGREEMENT
J&J sold the rights to its Shower-to-Shower talcum powder to
Valeant Pharmaceuticals International Inc. in 2012. Valeant, which
changed its name to Bausch Health Cos last year, has an indemnity
agreement with J&J covering asbestos suits tied to the powder.
Juries in states such as Missouri, California and New Jersey have
ruled for some of the plaintiffs since suits started going to trial
in 2016. However, some of those verdicts have been thrown out by
judges and others are on appeal. Some other cases have resulted in
hung juries or outright wins for J&J.
Most of the ovarian cancer cases, along with investors' suits, have
been consolidated before a federal judge in New Jersey for pretrial
information exchanges and test trials. The first trials of those
cases haven't yet been set.
ASBESTOS UPDATE: Landmark Ruling for Kiwi Asbestos Cancer Claimants
-------------------------------------------------------------------
Laura Walters, writing for newsroom.co.nz, reported that a landmark
ruling means a small but significant number of Kiwis who have
developed terminal lung cancer through secondary exposure to
asbestos will now be covered by ACC.
About 10 Kiwis a year with mesothelioma -- a fatal and aggressive
lung cancer -- apply for ACC cover but are denied because the
disease is not work-related, and has -- until now -- not been
covered under ACC law.
But a High Court ruling, sets new precedent for those who have
developed mesothelioma, or potentially other illnesses and injuries
directly related to asbestos, as a consequence of secondary
exposure to the harmful substance.
This will make them eligible for things like funeral costs, weekly
compensation and treatment costs.
It would also include funding of the expensive, life-prolonging
drug Keytruda, which is not currently Pharmac-funded for lung
cancers, and costs thousands of dollars per treatment.
While the number of Kiwis who would be directly affected by this
ruling was not large, it was significant.
Especially as New Zealand entered what's known as the ‘third
wave' of asbestos-related illness -- the first wave being the
people who mined the mineral and converted it into construction
supplies, the second being the tradies exposed on construction
sites, and the third being the families and bystanders affected by
secondary exposure.
Asbestos was used widely in New Zealand until the 1980s, when its
harmful effects became known.
A James Hardie advertisement in 1955 stated: "The material can be
cut, scored and sawed with the normal tools of trade. It is
non-irritating to the skin and non-toxic".
'Personal injury caused by accident'
The precedent-setting ruling by Justice Jillian Mallon, found
Deanna Trevarthen should have been covered by ACC after developing
malignant mesothelioma due to secondary exposure to asbestos.
Mesothelioma is peculiar in that about 95 percent of cases were
developed after exposure to asbestos as the single agent. It also
has a long latency period -- about 40 years.
Trevarthen's mesothelioma developed after she was exposed to
asbestos as a child, in the 1970s.
Her father was an electrician and she would hug him when he arrived
home, still in his work clothes.
Tumours could develop after a single exposure to asbestos, but the
risk rose when there were numerous exposures, as was the case for
Trevarthen and other children.
There were also cases of wives inhaling asbestos while cleaning
their husband's work clothes, or people being exposed during DIY
work.
Trevarthen was diagnosed with the fatal cancer in 2015 and then
applied to ACC for cover.
While ACC legislation provides cover to people who have contracted
mesothelioma from work-related exposure to asbestos, this did not
apply to Trevarthen as her exposure was secondary.
Therefore, she needed to claim cover under a separate part of ACC
law, and show that her mesothelioma was "a personal injury caused
by an accident".
Her initial claim was denied by ACC on the basis she was seeking
cover for personal injuries caused wholly or substantially by a
disease (which is excluded), and because she could not identify a
specific occasion of asbestos inhalation which caused the disease.
"You're right, she's not here. We'd much rather have her here and
never have had to do this, but life throws rubbish things at you
sometimes. And it's how you deal with them."
Trevarthen died in 2016, on the day her case review decision was
issued. The review upheld ACC's decision, as did the District
Court.
But Trevarthen's sister-in-law, and estate trustee, Angela Calver
promised Trevarthen she wouldn't let this go.
And, Justice Mallon sided with the appellants, ruling the fatal
cancer constituted a personal injury, and it was caused by inhaling
asbestos.
If it could be proven that inhaling asbestos was an accident, then
the claim should be covered, which Mallon believed was proven.
In her judgment, she said despite the arguments in the case, it was
not necessary to identify the specific occasion of asbestos
inhalation which caused her mesothelioma to show that the
inhalation was an accident.
Promise to a loved one
Calver said the three-year court battle was about seeing through
the promise she made to Trevarthen.
The way the ACC system had been dealing with people who had become
ill due to second-hand exposure to asbestos was "unjust".
Trevarthen's death was a tragedy, "but if this can be part of her
legacy in the world, that would be great".
"You're right, she's not here. We'd much rather have her here and
never have had to do this, but life throws rubbish things at you
sometimes. And it's how you deal with them."
Calver said she was glad other families would not have to go
through the same stress of having to raise thousands of dollars to
access the treatment they needed.
"There are many wars being waged within the field of
asbestos-related conditions, so this is a small win."
In 2016, the government decided Pharmac would fund Keytruda
treatment for skin cancer, but lung cancer was not covered.
Trevarthen's family fundraised and used all their savings to raise
the $80,000 -- $8000 every three weeks -- to fund her access to the
drug in order to prolong her life, and give her better quality of
life for the short time she had.
While this was an important case for people with mesothelioma,
Calver said she hoped the Government would change the law to allow
cover for all asbestos-related diseases where a reasonable link to
another person's occupational exposure can be established.
This is something Labour promised to consider in its 2017 election
manifesto, and in January last year ACC Minister Iain Lees-Galloway
said he was considering this change, and had asked for official
advice on changing coverage.
A small but significant win
John Miller Law solicitor Beatrix Woodhouse, who had been working
on this case for the past three years, said due to the peculiar
nature of mesothelioma, and its direct link to asbestos exposure,
the ruling was unlikely to impact many other illnesses.
"It won't open the floodgates," she said, referring to the number
of ACC claims affected by the ruling.
But it would make a significant difference to the length and
quality of life for a handful of claimants who had mesothelioma.
"This case has been my leading interest for a few years, so I am
pleased with the result -- but this is obviously not about me,"
Woodhouse said.
"There are many wars being waged within the field of
asbestos-related conditions, so this is a small win."
The division between work-related cases and cases of secondary
exposure was "unfair and unequitable", she said.
"It's a battle that people have been fighting for some time, and
we're just lucky with this particular client, she was willing to
take it all the way."
While Trevarthen died in 2016, there had been a positive outcome
for other people in the same situation, she said.
For those who could not get ACC cover, there was an avenue open to
sue. However, people had found this a difficult route to pursue,
owing to evidential difficulties arising from this unique disease
ACC has 21 days to appeal the decision, and a spokesperson said it
was currently considering the decision.
ASBESTOS UPDATE: Man Set to Plead Guilty Over Asbestos Parcels
--------------------------------------------------------------
Liz Mellino, writing for Shepparton News, reported that a
Shepparton man is intending to plead guilty to sending close to 40
asbestos-filled packages to embassies and consulates across
Australia, a court heard.
Savas Avan, 49, appeared in the Shepparton Magistrates' Court via
video link over the incident dating back to January this year.
The court heard Mr Avan was charged with sending 38 postal packages
to foreign diplomatic offices in Melbourne, Sydney and Canberra via
Australia Post between January 2 and 7 this year which contained a
quantity of asbestos.
The single charge stated the actions were in a manner that gave
rise to a danger of serious harm to another person and was reckless
as to the danger of serious harm.
Mr Avan's lawyer Luke Slater told Magistrate John Doherty that his
client intended to plead guilty to the charge.
The court heard Mr Avan, who has been in remand since January 10,
will face the Shepparton County County in August for a plea
hearing.
ASBESTOS UPDATE: Md. App. Affirms Substantial Presence Ruling
-------------------------------------------------------------
Taylor McAuliffe, Esq. -- smcauliffe@milesstockbridge.com -- Miles
& Stockbridge P.C., in an article for JD Supra, wrote that on July
3, 2019, the Court of Appeals of Maryland affirmed the decision of
the Court of Special Appeals in Wallace & Gale Asbestos Settlement
Tr. v. Busch, 238 Md. App. 695 (2018), aff'd, No. 58, 2019 WL
2865070 (Md. July 3, 2019). The Court found that the jury
reasonably inferred that, based on W&G's "substantial" presence
during the construction of a high school building, W&G was
responsible for the asbestos exposure and resulting illness of a
plaintiff who worked only in the boiler room of the high school.
The Court determined that the jury's inference was reasonable even
in the absence of any direct evidence linking W&G to the
installation of any asbestos-containing product in the high
school.
Mr. Busch and his wife sued seven different companies claiming
exposure to their asbestos-containing products caused his
mesothelioma. With respect to W&G, Mr. Busch alleged that he was
exposed to asbestos-containing materials installed by W&G at Loch
Raven High School in Baltimore County. In 1972, for a total of
three to four months, Mr. Busch worked on the construction of Loch
Raven in only the boiler room. Mr. Busch introduced evidence that
the sawing of magnesia insulation blocks in the boiler room
contributed to his mesothelioma. W&G sold and installed insulation
products. At trial, evidence was presented that W&G performed a
significant amount of construction work at Loch Raven, including
insulation of plumbing, heating, and ventilation surfaces. However,
no direct evidence was produced at trial connecting W&G to any
asbestos-containing insulation installed at the high school. In
fact, in response to pre-trial defense interrogatory requests, Mr.
Busch identified two other manufacturers as the manufacturers of
the asbestos-containing products he was exposed to at the high
school. Mr. Busch testified at trial that he had no recollection of
which company installed the insulation in the boiler room.
Additionally, the deposition testimony of two of Mr. Busch's
fact-witnesses was read into evidence at trial. Both testified that
a company other than W&G installed the insulation in the boiler
room.
The trial court denied W&G's motion for judgment and the jury
returned a verdict in favor of Mr. Busch. The Court of Special
Appeals affirmed. Despite describing the evidence as "slight," the
Court of Special Appeals determined that a reasonable fact finder
could have found that, more likely than not, W&G was the primary or
only insulator at Loch Raven at the time, and therefore W&G
installed the asbestos-containing magnesia block in the boiler
room. Wallace & Gale Asbestos Settlement Tr., 2018 WL 3814962, at
*6. The Court of Appeals agreed and affirmed the decision of the
Court of Special Appeals.
The Court of Appeals previously established, in Eagle-Picher
Indus., Inc. v. Balbos, 326 Md. 179, 213 (1992), that a plaintiff
in an asbestos case must show that the plaintiff's exposure to the
defendant's product was a "substantial factor" in causing the
plaintiff's injury. The factors a court must consider in making the
substantial factor determination are: frequency, proximity, and
regularity. Id. The Balbos court explained that speculation and
conjecture are not sufficient to establish product identification,
but that circumstantial evidence will suffice. Id. at 210, 215.
Still, plaintiffs must provide some evidence that links the
plaintiff to the defendant's asbestos-containing product. Id. at
215.
Judge Joseph Getty dissented from the majority opinion in Busch and
made clear his belief that the Court of Appeals has "departed from
[its] long-held standard" established in Balbos. Wallace & Gale
Asbestos Settlement Tr., No. 58, 2019 WL 2865070, at *12 (Md. July
3, 2019) (Getty, J., dissenting). In his dissent, Judge Getty
opined that the jury drew "impermissible inferences" from the
circumstantial evidence presented at trial. Id. at *11. In his
analysis, Judge Getty focused on the Balbos standard and subsequent
cases applying Balbos. Based on the lack of evidence, Judge Getty
believes that "the verdict was the product of mere conjecture and
speculation":
The inference that W&G was more likely than not responsible for the
asbestos work in the boiler room was an assumption based on
asserted probability created by W&G's mere presence at LRHS. A
missing (and determinative) piece of the mosaic constructed by
Busch is evidence linking W&G to the installation of the
asbestos-containing materials used in the boiler room, or even
linking W&G to asbestos work performed anywhere in LRHS.
Although Judge Getty agrees with the majority that "circumstantial
evidence (and reasonable inferences available therefrom) can be
sufficient to establish exposure or liability," he concludes, based
on the evidence presented in this case, that "the jury was not
entitled to infer that W&G was the insulator responsible for the
asbestos-containing products in the boiler room." Id. at *11, *13.
Specifically, "[a] defendant's primary or general presence at a
large worksite, without more, fails to demonstrate the required
degree of specificity," and therefore "does not constitute
sufficient proof of product identification, thus preventing W&G
from being held liable."
Indeed, the Court of Appeals' decision in Busch is difficult to
reconcile with Balbos. In this case, there was no evidence showing
that any asbestos-containing product manufactured by W&G was in the
same place at the same time as Mr. Busch. No witnesses identified
W&G as working with asbestos-containing insulation at Loch Raven.
In fact, more than one witness testified that a different
manufacturer was responsible for insulating the boilers at Loch
Raven.
The Busch majority opinion demonstrates that even with only
"slight" evidence of product identification, plaintiffs can get
their cases to a jury. Though it remains unclear how "slight" the
evidence must be for a court to decide that it crosses the line
from a reasonable inference to speculation under the Balbos
standard. "Almost only counts in horseshoes and hand grenades," and
apparently Maryland asbestos cases. Wallace & Gale Asbestos
Settlement Tr., 2019 WL 2865070 at *1.
Opinions and conclusions in this post are solely those of the
author unless otherwise indicated. The information contained in
this blog is general in nature and is not offered and cannot be
considered as legal advice for any particular situation. Any
federal tax advice provided in this communication is not intended
or written by the author to be used, and cannot be used by the
recipient, for the purpose of avoiding penalties which may be
imposed on the recipient by the IRS. Please contact the author if
you would like to receive written advice in a format which complies
with IRS rules and may be relied upon to avoid penalties.
ASBESTOS UPDATE: Records Show J&J Powder Had Asbestos, NJ Jury Told
-------------------------------------------------------------------
Law360 reported that an environmental health scientist told New
Jersey state jurors that internal documents show Johnson &
Johnson's talcum powder products contained asbestos, as testimony
kicked off in a trial over claims four people contracted
mesothelioma from their alleged exposure to the toxic mineral in
the pharmaceutical giant's baby powder.
Dr. James Webber, testifying on behalf of the plaintiffs, said he
reached that conclusion after reviewing such documents from J&J and
related entities, including testing records that purportedly
demonstrate the presence of asbestos in both talc sources used by
the company and the finished products.
ASBESTOS UPDATE: Restaurant Boss Given GBP9K Bill in Asbestos Probe
-------------------------------------------------------------------
Katie Feehan, writing for Echo, reported that the owner of a
popular Indian restaurant has been ordered to pay more than
GBP9,000 after workers being exposed to hazardous asbestos during a
major overhaul.
Faruk Kamali was working to convert the space above the Marco Polo
restaurant into flats in Wickford.
Chelmsford Magistrates' Court heard while work was being carried
out at the restaurant, asbestos insulation board was removed and
broken up which resulted in construction workers being exposed to
the asbestos fibres.
Investigators subsequently found out an asbestos survey was only
carried out after the asbestos had been disturbed in September
2016.
An investigation by the Health and Safety Executive (HSE) found
that a management asbestos survey and a refurbishment and
demolition asbestos survey had not been completed prior to the work
starting at the restaurant in Lower Southend Road, Wickford.
They also determined that the work had not been completed by a
licensed asbestos contractor - a further breach of health and
safety regulations.
Faruk Kamali, of Bullivant Street, London, admitted breaching
Regulation 4(3) of the Control of Asbestos Regulations 2012 when he
appeared at Chelmsford Magistrates' Court on July 11.
The 48-year-old was fined GBP3,000 and ordered to pay full costs of
GBP6,293 by magistrates.
After the hearing, HSE inspector David King said: "Those in control
of works have a responsibility to manage the risks from asbestos in
non-domestic premises."
He added: "To achieve this the dutyholder must ensure that a
suitable and sufficient assessment is carried out as to whether
asbestos is or is liable to be present in the premises."
All types of asbestos fibres are known to cause serious health
hazards in humans.
Planning permission was initially granted by Basildon Council in
May 2016 which allowed Mr Kamali to convert the first floor of the
restaurant into two separate flats.
The restaurant has been awarded Trip Advisor's certificate of
excellence for the past three consecutive years.
Further information about client's duties in regards to asbestos
control can be found at www.hse.gov.uk/construction
ASBESTOS UPDATE: Senate Passes Bill Securing 9/11 Compensation Fund
-------------------------------------------------------------------
Jesse Naranjo, writing for The Wall Street Journal, reported that
the U.S. Senate has approved, with a vote of 97-2, legislation that
would extend funding to cover claims by victims of the Sept. 11
terrorist attacks for the rest of their lives. The bill would
still need approval by the president.
The September 11th Victim Compensation Fund was established to pay
for past and future claims of victims of the terrorist attacks and
their relatives, volunteers, and first responders who suffered
health consequences as a result of working near the sites of the
attacks. The legislation would allow the Fund to pay for past and
future claims made through 2090, according to the Journal.
The Congressional Budget Office estimates the cost to the
government in the first decade would be almost $10.2 billion, the
Journal said.
According to the Journal, the fund has said it has already paid out
$5 billion in awards to more than 22,000 claimants, with another
17,000 claims pending and an unknown number of future claims that
have yet to be filed.
The Journal related that since 2001, thousands of first responders
and survivors have been diagnosed with respiratory and other
diseases, including cancer. Of those who enrolled in or were
grandfathered into the World Trade Center Health Program, which
began in 2011, more than 2,000 had died as of March, the Journal
said, citing the program's website.
The Congressional Budget Office estimate on the future payments
took into account metrics such as the rate of cancer among those
exposed to debris from the site of the toppled World Trade Center
towers in Manhattan compared with the general population and the
estimated number of people exposed to illness-causing material at
Ground Zero who have already died, the Journal further related.
Based on the available research, the CBO estimated that cancer
incidence rates were about 11% higher among first responders and
recovery workers than the general population, and 6% higher among
other survivors eligible for compensation, the Journal added.
ASBESTOS UPDATE: Workers Exposed to Asbestos at Jeeralang Station
-----------------------------------------------------------------
Jarrod Whittaker, writing for ABC, reported that at least two
workers at the Jeeralang power station in the Latrobe Valley, east
of Melbourne, have been exposed to asbestos while undertaking
maintenance work at the plant.
The Construction, Forestry, Mining and Energy Union (CFMEU) said
the two workers were removing a piece of plant in the duct work
around a gas turbine when they were "showered with" asbestos.
Jeeralang is a gas power station located outside the town which was
built in the 1970s and has a capacity of 450 megawatts.
The plant's owner, Energy Australia, has confirmed two workers were
working in an area where a component was "identified as potentially
containing asbestos" on July 4 and in a statement said the matter
had been reported to WorkSafe.
The CFMEU's construction and general organiser for Gippsland, Toby
Thornton, said potentially more people could have been exposed.
"There seems to be an oversight in compliance to those regulations
and procedures when you suspect that any piece of plant would
contain asbestos," Mr Thornton.
"That hadn't been adhered to and the workers were given direction
to remove a piece of plant in a duct work around a turbine and
unfortunately they were showered with a substance or a material
which later on was identified as asbestos," Mr Thornton said.
The two men, one from the Latrobe Valley and the other from the
Sale area, were the only two directly exposed to the asbestos but
the union said that because of the large amount of asbestos
released and wind conditions on the day, other parts of the site
were contaminated.
Mr Thornton also claimed procedures were not followed and the
workers did not have the appropriate decontamination and said the
workers went to the other facilities including offices, potentially
exposing other people.
We 'responded appropriately': Energy Australia
An Energy Australia spokesman said the workers were removing an
expansion joint, which is used to connect two sections of pipeline,
which was "identified as potentially containing asbestos".
"The operator in charge at Jeeralang, as he had been trained to do,
had the workers stop work immediately on that section of the plant.
The area was sectioned off, so no other workers could enter," he
said.
"The material was tested. Late Friday on July 5, the following day,
results showed it was asbestos."
Energy Australia said its people "responded appropriately and
according to our processes" and arranged for specialists certified
in asbestos removal and disposal to visit the plant on Monday.
In the statement, the spokesman said the area had been cleaned and
a clearance certificate issued to allow work to resume in the
area.
"We are complying with WorkSafe Victoria's investigation of the
incident and with the notices it has issued," he said.
Workers shocked and disappointed
The two workers are power industry veterans who were working for a
maintenance contractor at the time of their exposure.
Mr Thornton said they were still working at the site and were in a
"bit of shock" and disappointed by their exposure.
"They've all worked in the power industry before at all the major
sites. They have a very strict policy that if you suspect a
material is asbestos you treat it as asbestos," he said.
"This didn't happen on this occasion so they are more disappointed
that they potentially could have been exposed."
The Jeeralang power station was purchased by Energy Australia in
April 2018.
Long-term risk from asbestos
Asbestos can cause a variety of conditions including asbestosis and
mesothelioma, but asbestos-related diseases can take decades to
manifest.
The chief executive of the Asbestos Council of Victoria, Vicki
Hamilton, said she was "amazed there was not an awareness of what
they were doing at this job".
"One exposure is just as bad as a whole heap. There is no
dose-related response to this.
"So we just sit and wait, it's like a ticking time bomb," Ms
Hamilton said.
She said her organisation had been notified of the exposure by the
CFMEU and was making counsellors available for the affected
workers.
A WorkSafe spokeswoman said WorkSafe had visited the site and
enquiries were continuing.
*********
S U B S C R I P T I O N I N F O R M A T I O N
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