/raid1/www/Hosts/bankrupt/CAR_Public/200320.mbx
C L A S S A C T I O N R E P O R T E R
Friday, March 20, 2020, Vol. 22, No. 58
Headlines
6020 NFH PIZZA: Desogos Seeks Wages & Tips for Servers, Bartenders
AARON'S INC: Pomerantz LLP Discloses Class Action Filing
ACTAVIS HOLDCO: FWK et al. Claim Price-Fixing of Cholesterol Meds
ADS-MYERS INC: Fails to Pay Overtime Wage Under FLSA, Quiroz Says
AIRWAY AUTO: Galvin et al. Sue over Unpaid OT for Retail Staff
AL HORNO LEAN: Rodriguez et al. Seek Proper Pay for Delivery Staff
ALLAKOS INC: Sung Kim Sues over False ENIGMA Trial Results
ALLIED INTERSTATE: Mathis Files FDCPA Class Suit in M.D. Florida
ALPHA BULK: Misappropriates Funds for Carrier Services, GBI Claims
AMAZON.COM: Chandler et al. Claim Zinus Mattresses Caused Injuries
AMERICAN HONDA: De Monroy Sues over Unlawful Debt Collection
AMICA MUTUAL: Gottlieb Insurance Suit Removed to D. Massachusetts
ASSET RECOVERY: Violates Fair Debt Collection Act, Sung Claims
ASSOCIATED MANAGEMENT: Underpays Staff, Henderson-Stuckey Alleges
AUSTRALIA: PFAS Class Suit Over Toxic Firefighting Foam Settled
AUTOGLASSNOW LLC: Improperly Pays Overtime Wages, Salts Alleges
BAGELS & SCHMEAR: Conde et al. Seek OT Pay, Premiums for Staff
BARRINGTON BANK: Hand Sues over Unsolicited Telemarketing Calls
BECTON DICKINSON: Glancy Prongay Files Securities Class Action
BLUE DIAMOND: Lamonakis Sues in E.D. New York Over TILA Violation
BOKF NA: Breaches Fiduciary Duties Under ERISA, West Suit Alleges
BUTCH LEE: Harris Seeks OT Pay for Stiletto's Cabaret Dancers
CANDIA INC: Fails to Pay OT & Keep Accurate Records, Aguilar Says
CENTURY CASINOS: Faces Katt Suit in Colorado Over ADA Violations
CHINA: Faces Class Suit in Florida Over COVID-19 Outbreak
CLEARVIEW AI: Broccolino Sues over Illegal Scraping of Biometrics
COLORADO CASINO: Faces Katt ADA Suit in District of Colorado
CONSUMER PROTECTION LEGAL: Badillo Calls Services "Deceptive"
CPI AEROSTRUCTURES: Wolf Haldenstein Files Securities Class Suit
CREDIT PROS: Sends Unsolicited Text and Robocalls, Hancock Claims
CRONOS GROUP: Faces Witte Class Suit Over Decline in Share Price
CROWN CASTLE: Federman & Sherwood Discloses Class Action Filing
CROWN CASTLE: Pomerantz LLP Discloses Class Action Filing
CROWN CASTLE: Rosen Law Firm Files First Securities Class Action
D&K DELIVERY: Schug Seeks Overtime Compensation for Drivers
D&M CARRIERS: Bromlow et al. Suit Transferred to W.D. Oklahoma
DATALOG GEOLOGICAL: Fails to Pay OT to Geologists, Kling Claims
DEL FRISCO'S: Holland Seeks OT, Off-the-Clock Work Pay for Staff
DENNIS GROSS: Gunaratna Says Collagen Product Ads "Deceptive"
DEVA CONCEPTS: Faces Andrianmaniraka Suit in S.D. California
DIRECT BUSINESS: Has Made Unsolicited Calls, Borden Suit Claims
ENOVA INTERNATIONAL: Griffin Sues over Biometric Data Collection
EVENFLO COMPANY: Alexie Sues over Defective Booster Seats
EVENFLO COMPANY: Williams Files Suit in District of Massachusetts
FACEBOOK INC: Garrett et al. Sue over Workplace Safety Standards
FAIR OAKS: Honeycutt Sues over Maltreatment of Cows
FCA US: Martinez Sues over Jeep Death Wobble
FOREST LABORATORIES: Faces Suit over Alzheimer Drug Monopoly
GENESIS PETROLEUM: Fontenot Seeks OT Pay for Roustabouts
GILAT SATELLITE: Comtech Deal Lacks Info, Thompson Claims
GREATER HOUSTON: Faces Sterling Suit Over Unpaid Overtime Wages
GWR ILLINOIS: Illegally Collects Biometric Data, Allen Alleges
HEARTLAND EXPRESS: Peterson Sues Over Unpaid Wages Under FLSA
IDAHO CENTRAL CREDIT: Faces Borjas Suit in District of Idaho
JELD-WEN HOLDING: Levi & Korsinsky Reminds of Apr. 20 Deadline
KAHANS SUPERETTE: Fails to Properly Pay Wages, Benzant Claims
KING OF TACOS: Sarmiento Seeks Unpaid Minimum Wage and OT Pay
KOHL'S CORP: Migyanko Sues Over Path Barriers in Stores
KOMBU KITCHEN: Vergara et al. Seek Overtime Pay for Cooks
KS STATEBANK: Faces Saliba Suit Over Telemarketing Practices
LAKE TROUT: Robinson Seeks Unpaid Wages for Restaurant Staff
LEMONT GROVE ADVISORS: Faces Green Suit Alleging BIPA Violations
LIBERTY ENERGY: McCord Sues Over Unpaid Overtime Pay Under FLSA
LOWE'S COMPANIES: Faces Gerber et al. Suit over Unpaid Overtime
MGP INGREDIENTS: Robbins Geller Files Class Action Suit
MIDLAND CREDIT: Helsel FCRA Suit Removed to W.D. Pennsylvania
MINI STORAGE: Romero Sues Over Unlawful Use of Biometric Data
MONDELEZ GLOBAL: Benzion Seeks OT Pay for Sales Service Officers
NATIONAL CONTRACT: Naiman Sues over Unsolicited Telephone Calls
NCAA: Fails to Protect Student-Athletes, Aldrich et al. Claim
NMC HEALTH: Hashem et al. Sue over Misleading Annual Report
NYC HOUSING: Tenants File Suit Over 'Deplorable Conditions'
OCEAN SPRAY: $5.4-Mil. Deal Reached in "No Artificial Flavors" Suit
OPH KENDALL: Faces Longhini ADA Suit in Miami-Dade, Florida
PRICELINE.COM: Records Private Phone Conversation, Collins Alleges
PRIME CARE: Abante Rooter Sues over Unsolicited Phone Calls
PRISMA HEALTH-MIDLANDS: Faces Cochran Suit Over Data Breach
PROGRESSIVE COUNTY: Mian Insurance Suit Removed to S.D. Texas
PROPETRO SERVICES: Fails to Pay OT Compensation, Enriquez Claims
QUALITY CARRIERS: Martinez Seeks Overtime Pay for Drivers
QUANTUM AUTO SALES: Fails to Pay Proper Wages, Olivo Claims
RBT RESTAURANT: Guachon Seeks OT Pay, Tip Credit for Staff
ROBINHOOD FINANCIAL: Adame Sues over OL Securities Trading Losses
SAINT LUKE'S HEALTH: Mismanaged Retirement Plan, Rohan Alleges
SALEM VILLAGE: Faces Robinson BIPA Suit Over Use of Biometrics
SANOFI SA: Pinales Suit Moved to Southern District of Florida
SHARP OILFIELD: Faces McKenzie Suit Over Unpaid Overtime Wages
SIMPLE FLOW: Naiman Seeks Damages for Unlawful Telephone Calls
SK UNITED: Riley Seeks Overtime Pay for Delivery Drivers
SKYLINE ENERGY: Naiman Seeks Damages for Unlawful Telephone Calls
SLICKWRAPS INC: Almeida et al. Sue Over February Data Theft
SLICKWRAPS INC: Almeida Sues in Cal. Alleging Breach of Contract
STEIN MART: Proposed Merger Breaches Fiduciary Duty, Levy Claims
STERLING BANCORP: Berman Tabacco Files Securities Class Action
STERLING BANCORP: Block & Leviton Announces Class Action
STERLING BANCORP: Kirby McInerney Announces Class Action
SYNERGETIC COMMUNICATION: Faces Taveras FDCPA Suit in Florida
SYNERGETIC COMMUNICATION: Munoz Files FDCPA Suit in M.D. Florida
TENAGLIA & HUNT: Deutsch Balks at Debts Collection Practices
TIVITY HEALTH: Bernstein Liebhard Announces Securities Class Action
TIVITY HEALTH: Gainey McKenna Announces Securities Class Action
TIVITY HEALTH: Levi & Korsinsky Reminds Investors of Class Action
TOYOTA MOTOR: Faces Coleman et al. Suit over Defective Automobile
TRUE WORLD: Collects & Stores Biometric Data, Gil et al. Claim
TRUEACCORD CORP: Faces Bryan FDCPA Suit in W.D. North Carolina
TSC SOUTHEAST: Bien-Aime Alleges Race Discrimination
TUPPERWARE BRANDS: Bernstein Announces Securities Class Action
TUPPERWARE BRANDS: Bronstein Files Class Action Lawsuit
TUPPERWARE BRANDS: Kessler Announces Securities Fraud Class Action
TUPPERWARE BRANDS: Kirby McInerney Reminds of Class Action Lawsuit
TUPPERWARE BRANDS: Levi & Korsinsky Announces Class Action Lawsuit
TUPPERWARE BRANDS: Rosen Files Class Action Lawsuit
TUPPERWARE BRANDS: Wolf Haldenstein Files Securities Class Action
TWO TOWNS CIDERHOUSE: Falsely Advertises Drinks, Winters Claims
UNITED PARCEL: Workers Seek Unpaid Wages for Off-the-Clock Work
UNIVERSITY OF MICHIGAN: Sued over Dr. Anderson's Sexual Misconduct
URGENT TEAM: Hughes Seeks OT, Off-the-Clock Work Pay for Nurses
WILLIGREEN CORPORATION: Smith Sues Over Unpaid Overtime Wages
WOOD DALE MEMORY: Illegally Collects Handprints, McClain et al Say
WORLD WRESTLING: Faces Szaniawski Securities Suit in New York
WORLDWIDE RECYCLING: Pena Sues over Unpaid OT and Discrimination
WRI PROPERTY: Breaches Rental Agreements, Zavaleta et al. Claim
XPRESS WEB: Hanson Sues over Robocalls
ZM INVESTMENTS: Pays Servers Subminimum Hourly Wages, Rhone Says
[*] Retailers Face Class Actions Over Loyalty Auto Renewals
Asbestos Litigation
ASBESTOS UPDATE: Corning Had $98-Mil. Non-PCC Reserves at Dec. 31
ASBESTOS UPDATE: Ingersoll-Rand Still Faces Claims at December 31
ASBESTOS UPDATE: Shareholder Drops Appeal of J&J Derivative Suit
ASBESTOS UPDATE: Standard Motor's Appeal in Calif. Lawsuit Pending
ASBESTOS UPDATE: Transocean Unit Had 185 PI Lawsuits at Dec. 31
*********
6020 NFH PIZZA: Desogos Seeks Wages & Tips for Servers, Bartenders
------------------------------------------------------------------
ROBERTO DESOGOS, on behalf of himself and similarly situated
employees, Plaintiff v. 6020 NFH PIZZA, INC.; ANNA MAZZELLA; LUISA
MAZZELLA; CANDIDA MAZELLA; and MAURO MAZZELLA, Defendants, Case No.
9:20-cv-80395 (S.D. Fla., March 6, 2020) is a collective action
complaint brought against Defendants for their alleged violations
of the Fair Labor Standards Act and the Florida Minimum Wage Act.
Plaintiff was employed by Defendants as server from approximately
March 2018 through September 2019, whereas the other similarly
situated was employed by Defendants as servers and bartenders from
approximately March 6, 2015 through March 6, 2020.
According to the complaint, Plaintiff and similarly situated
frequently worked in excess of 40 hours per workweek, but
Defendants did not pay them "time and a half" for all hours worked
over 40. Also, Defendants failed to follow the rules regarding tip
pooling and compensation such as unlawfully taking and keeping some
of their employees' tips for their own profit.
Defendants Anna Mazzella, Luisa Mazzella, Luisa Mazzella, Candida
Mazzella, and Mauro Mazzella jointly managed and directed the
operations of 6020 NFH Pizza, Inc. and controlled the terms and
conditions of their employees, including Plaintiff.
6020 NFH Pizza, Inc. conducted business under the name "Le Sorelle"
which is an Italian restaurant. [BN]
The Plaintiff is represented by:
Steven F. Grover, Esq.
FOR STEVEN F GROVER, PA
507 S.E. 11 Ct.
Fort Lauderdale, FL 33316
Tel: 954-290-8826
Email: stevenfgrover@gmail.com
AARON'S INC: Pomerantz LLP Discloses Class Action Filing
--------------------------------------------------------
Pomerantz LLP announces that a class action lawsuit has been filed
against Aaron's, Inc. (NYSE: AAN) and certain of its officers. The
class action, filed in United States District Court, for the
Southern District of New York, and indexed under 20-cv-01796, is on
behalf of a class consisting of all persons and entities other than
Defendants who purchased or otherwise acquired Aaron's securities
between March 2, 2018, and February 19, 2020, both dates inclusive
(the "Class Period"), seeking to recover damages caused by
Defendants' violations of the federal securities laws and to pursue
remedies under Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 (the "Exchange Act") and Rule 10b-5 promulgated
thereunder, against the Company and certain of its top officials.
If you are a shareholder who purchased Aaron's securities during
the class period, you have until April 28, 2020, to ask the Court
to appoint you as Lead Plaintiff for the class. A copy of the
Complaint can be obtained at www.pomerantzlaw.com. To discuss this
action, contact Robert S. Willoughby at rswilloughby@pomlaw.com or
888.476.6529 (or 888.4-POMLAW), toll-free, Ext. 7980. Those who
inquire by e-mail are encouraged to include their mailing address,
telephone number, and the number of shares purchased.
Aaron's was founded in 1955 and is headquartered in Atlanta,
Georgia. The Company operates as an omnichannel provider of
lease-purchase solutions to underserved and credit-challenged
customers, and also engages in the sale, lease ownership, and
specialty retailing of various products.
Aaron's operates in three reportable segments—Progressive Leasing
("Progressive"), Aaron's Business ("AB"), and Vive Financial, LLC
("Vive"). The Progressive and AB segments are subject to federal
regulatory agency oversight and scrutiny, including the Federal
Trade Commission ("FTC").
The Complaint alleges that throughout the Class Period, Defendants
made materially false and misleading statements regarding the
Company's business, operational and compliance policies.
Specifically, Defendants made false and/or misleading statements
and/or failed to disclose: (i) that Aaron's had inadequate
disclosure controls, procedures, and compliance measures; (ii)
that, consequently, the operations of Aaron's Progressive and AB
segments were in violation of the FTC Act and/or relevant FTC
regulations; (iii) that, consequently, Aaron's earnings from those
segments were partially derived from unlawful business practices
and were thus unsustainable; (iv) the full extent of Aaron's
liability regarding the FTC's investigation into its Progressive
and AB segments, Aaron's noncompliance with the FTC Act, and the
likely negative consequences of all the foregoing on the Company's
financial results; and (v) that, as a result, the Company's public
statements were materially false and misleading at all relevant
times.
On July 26, 2018, during after-market hours, Aaron's filed a
Quarterly Report on Form 10-Q with the Securities and Exchange
Commission, reporting the Company's financial and operating results
for the fiscal quarter ended June 30, 2018. That Quarterly Report
disclosed that, in July 2018, Aaron's received civil investigative
demands ("CIDs") from the FTC requesting the production of
documents and answers to written questions to determine whether
disclosures related to financial products offered by the Company
through its AB and Progressive segments were in violation of the
FTC Act.
On this news, Aaron's stock price fell $5.38 per share, or 11.01%,
to close at $43.47 per share on July 27, 2018.
On April 25, 2019, during pre-market hours, Aaron's filed another
Quarterly Report on Form 10-Q with the SEC, reporting the Company's
financial and operating results for the fiscal quarter ended March
31, 2019. That Quarterly Report disclosed that, in April 2019,
Aaron's AB segment "received an unrelated CID from the FTC focused
on certain transactions involving the purchase and sale of customer
lease agreements, and whether such transactions violated the FTC
Act."
Then, on February 20, 2020, Aaron's issued a press release
announcing the Company's financial results for the quarter and year
ended December 31, 2019. Among other results, Aaron's reported that
the Company's Progressive segment had reached an agreement in
principle with FTC staff regarding the CID from the FTC that
Progressive received in July 2018. Aaron's advised investors that
"[u]nder the proposed agreement, which requires final approval by
FTC Commissioners and the U.S. District Court for the Northern
District of Georgia, Progressive will make a payment of $175
million and enhance certain compliance-related activities,
including monitoring, disclosure and reporting requirements."
On this news, Aaron's stock price fell $10.70 per share, or 19.06%,
to close at $45.45 per share on February 20, 2020.
The Pomerantz Firm, with offices in New York, Chicago, Los Angeles,
and Paris, is acknowledged as one of the premier firms in the areas
of corporate, securities, and antitrust class litigation. Founded
by the late Abraham L. Pomerantz, known as the dean of the class
action bar, the Pomerantz Firm pioneered the field of securities
class actions. Today, more than 80 years later, the Pomerantz Firm
continues in the tradition he established, fighting for the rights
of the victims of securities fraud, breaches of fiduciary duty, and
corporate misconduct. The Firm has recovered numerous
multimillion-dollar damages awards on behalf of class members. See
www.pomerantzlaw.com
Contact:
Robert S. Willoughby
Pomerantz LLP
E-mail: rswilloughby@pomlaw.com
[GN]
ACTAVIS HOLDCO: FWK et al. Claim Price-Fixing of Cholesterol Meds
-----------------------------------------------------------------
CESAR CASTILLO, INC.; FWK HOLDINGS, L.L.C.; KPH HEALTHCARE
SERVICES, INC., a/k/a KINNEY DRUGS, INC.; and ROCHESTER DRUG
CO-OPERATIVE, INC., individually and on behalf of all others
similarly situated, Plaintiffs v. ACTAVIS HOLDCO U.S., INC.;
ACTAVIS PHARMA, INC.; ACTAVIS ELIZABETH, LLC; AKORN INC.; ALVOGEN
INC.; AMNEAL PHARMACEUTICALS, INC.; AMNEAL PHARMACEUTICALS, LLC;
APOTEX CORP.; ASCEND LABORATORIES, LLC; AUROBINDO PHARMA USA, INC.;
BAUSCH HEALTH AMERICAS, INC.; BAUSCH HEALTH US, LLC; BRECKENRIDGE
PHARMACEUTICAL, INC.; CAMBER PHARMACEUTICALS INC.; CITRON PHARMA
LLC; DAVA PHARMACEUTICALS, LLC; DR. REDDY'S LABORATORIES, INC.;
FOUGERA PHARMACEUTICALS INC.; GENERICS BIDCO I LLC; GLENMARK
PHARMACEUTICALS, INC.; GREENSTONE LLC; G&W LABORATORIES, INC.;
HERITAGE PHARMACEUTICALS, INC.; HIKMA LABS, INC.; HIKMA
PHARMACEUTICALS USA, INC.; HI-TECH PHARMACAL CO, INC.; IMPAX
LABORATORIES, LLC; JUBILANT CADIST A PHARMACEUTICALS INC.; LANNETT
COMPANY, INC.; LUPIN PHARMACEUTICALS, INC.; MALLINCKRODT INC.;
MAYNE PHARMA INC.; MORTON GROVE PHARMACEUTICALS, INC.; MYLAN INC.;
MYLAN PHARMACEUTICALS INC.; OCEANSIDE PHARMACEUTICALS, INC.; PAR
PHARMACEUTICAL, INC.; PERRIGO NEW YORK, INC.; PFIZER, INC.; SANDOZ,
INC.; SUN PHARMACEUTICAL INDUSTRIES, INC.; TARO PHARMACEUTICALS
USA., INC.; TELIGENT, INC.; TEVA PHARMACEUTICALS USA, INC.; TORRENT
PHARMA INC.; UPSHER-SMITH LABORATORIES, INC.; VERSAPHARM, INC.;
WEST-WARD PHARMACEUTICALS INC.; WOCKHARDT USA LLC; and ZYDUS
PHARMACEUTICALS (USA), INC., Defendants, Case 2:20-cv-00721-CMR
(E.D. Pa., Feb. 7, 2020) is an action alleging conspiracy to fix
the price of the generic cholesterol medications in violation of
the Sherman Act.
The Plaintiffs allege in the complaint that the Defendants engaged
in a scheme -- Fair Share Agreement -- where they agreed to
suppress competition among themselves so that they could fix,
stabilize, and raise prices, rig bids, and engage in market and
customer allocation.
During the Class Period, the Defendants and their generic
manufacturer co-conspirators entered into a continuing agreement,
understanding and conspiracy in restraint of trade to artificially
allocate customers, rig bids and raise, maintain and fix prices for
generic cholesterol medications, thereby creating anticompetitive
effects. As a result of the Defendants' unlawful conduct, the
Plaintiffs and members of the proposed Class who purchased generic
cholesterol medications have been harmed by being forced to pay
inflated, supracompetitive prices.
The Defendants' conspiracy had the following effects, among others:
(a) Price competition in the market for generic cholesterol
medications has been restrained, suppressed, and/or eliminated in
the U.S.; (b) Prices for generic cholesterol medications provided
by the Defendants have been fixed, raised, maintained, and
stabilized at artificially high, non-competitive levels throughout
the United States; and (c) The Plaintiffs and members of the
proposed Class who purchased generic cholesterol medications
directly from the Defendants and their generic manufacturer
co-conspirators have been deprived of the benefits of free and open
competition.
Actavis Pharma Inc. develops, manufactures, and markets a broad
line of generic pharmaceuticals, including both solid dosage and
sterile dosage products. The Company is also developing a line of
specialty branded pharmaceuticals, and currently markets INFeD.
[BN]
The Plaintiffs are represented by:
Dianne M. Nast, Esq.
Joseph N. Roda, Esq.
Michael D. Ford, Esq.
NASTLAW LLC
110 I Market Street, Suite 280 I
Philadelphia, Pa 19107
Telephone: (215) 923-9300
Facsimile: (215) 923-9302
E-mail: dnast@nastlaw.com
jnroda@nastlaw.com
mford@nastlaw.com
ADS-MYERS INC: Fails to Pay Overtime Wage Under FLSA, Quiroz Says
-----------------------------------------------------------------
Jenny Quiroz, on behalf of herself, all other similarly situated
individuals, and the State of California, v. ADS-MYERS, INC., a
Nevada Corporation, KAROLINE MYERS, an individual, and DOES 1-20,
Case No. 3:20-cv-01755-JSC (N.D. Cal., March 12, 2020), is brought
against the Defendant under the Fair Labor Standards Act for unpaid
overtime pay.
The Plaintiff worked more than 40 hours per workweek without
receiving overtime wages at the rate of 1.5 times the regular rate
of pay for hours worked in excess of 40 hours per workweek, says
the complaint.
The Plaintiff employed by the Defendants as a non-exempt employee
in California.
ADS-MYERS, INC. is a Nevada Corporation that provides janitorial
and building maintenance services.[BN]
The Plaintiff is represented by:
Marco A. Palau, Esq.
Joseph D. Sutton, Esq.
Eric s. Trabucco, Esq.
ADVOCATES FOR WORKER RIGHTS LLP
212 9th Street, Suite 314
Oakland, CA 94607
Phone: (510) 269-4200
Email: marco@advocatesforworkers.com
jds@advocatesforworkers.com
est@advocatesforworkers.com
- and -
Sharon R. Vinick, Esq.
Hilary P. Hammell, Esq.
LEVY VINICK BURRELL HYAMS LLP
180 Grand Avenue, Suite 1300
Oakland, CA 94402
Phone: (510) 318-7700
Facsimile: (510) 318-7701
Email: sharon@levyvinick.com
hilary@levyvinick.com
- and -
Rebecca G. Kagin, Esq.
LAW OFFICES OF REBECCA G. KAGIN
6 C Street
Petaluma, CA 94952
Phone: (707) 765-1111
Facsimile: (707) 669-4457
Email: rkagin@rkaginlaw.com
AIRWAY AUTO: Galvin et al. Sue over Unpaid OT for Retail Staff
--------------------------------------------------------------
The case, LISA GALVIN and ERNIE BONIFACE, individually and on
behalf of all others similarly-situated v. AIRWAY AUTO LLC, d/b/a
AIRWAY AUTO PARTS AND RECYCLING, Defendant, Case No. 1:20-cv-00230
(W.D. Mich., March 14, 2020), arises from the Defendant's failure
to compensate the Plaintiffs and all others similarly situated
workers overtime pay for all hours worked in excess of 40 hours in
a week pursuant to the Fair Labor Standards Act.
Galvin and Boniface were hired by Defendant as workers at its
retail parts sales counter from January 2018 through January 2019
and from 2014 through February 2019, respectively.
Airway Auto LLC is an automobile parts seller that conducts
business in Calhoun County, Michigan. It is also doing business as
Airway Auto Parts and Recycling. [BN]
The Plaintiffs are represented by:
Mark S. Wilkinson, Esq.
PALADIN EMPLOYMENT LAW PLLC
251 North Rose Street
Suite 200, PMB No. 288
Kalamazoo, MI 49007-3860
Telephone: (269) 978-2474
E-mail: mark@paladinemploymentlaw.com
AL HORNO LEAN: Rodriguez et al. Seek Proper Pay for Delivery Staff
------------------------------------------------------------------
JESUS RODRIGUEZ, MELVIN GUSTAVO GOMEZ RAMIREZ, and ROCAEL ARTURO
BATEN MIRANDA, individually and on behalf of others similarly
situated, Plaintiffs, -against- AL HORNO LEAN MEXICAN KITCHEN 57
INC. (D/B/A AL HORNO LEAN MEXICAN KITCHEN), CHRIS PIZZIMENTI,
JOSUE MARTINEZ, IVAN GOMEZ, GABRIEL DOE, and EVELYN DOE,
Defendants, Case No. 1:20-cv-02115 (S.D.N.Y., March 10, 2020) is an
action on behalf of the Plaintiffs and others similarly situated
against the Defendants for failure to maintain accurate
recordkeeping of the hours worked, pay Plaintiffs appropriately for
any hours worked for any additional overtime premium, pay wages on
a timely basis and provide Plaintiffs with compliant tip credit
notices as required per the Fair Labor Standards Act and New York
Labor Law.
Plaintiffs were employed as delivery workers by the Defendants.
Al Horno Lean Mexican Restaurant Kitchen 57 Inc., d/b/a/ Al Horno
Lean Mexican Kitchen, operates a Mexican restaurant located in the
midtown east neighborhood in Manhattan, New York City. [BN]
The Plaintiffs are 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
ALLAKOS INC: Sung Kim Sues over False ENIGMA Trial Results
----------------------------------------------------------
SUNG KIM, on behalf of itself and all others similarly situated,
Plaintiff v. ALLAKOS INC.; ROBERT ALEXANDER; and LEO REDMOND,
Defendants, Case No. 3:20-cv-01720 (N.D. Cal., March 10, 2020) is a
class action against the Defendants for violations of the
Securities Exchange Act of 1934.
According to the complaint, the Defendants released misleading and
false statements about the results of Allakos' ENIGMA Trial which
caused the Plaintiff and all others similarly-situated individuals
to purchase Allakos securities at artificially inflated prices
between August 5, 2019 and December 17, 2019. As a result of
Defendants' wrongful acts and omissions and the decline in the
market value of Allakos securities' shares, the Plaintiff and Class
members suffered significant losses and damages.
Allakos Inc. is a clinical stage biopharmaceutical company that
focuses on developing therapeutic antibodies targeting allergic,
inflammatory, and proliferative diseases. It is headquartered at
975 Island Drive, Suite 201 Redwood City, California. [BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
E-mail: lrosen@rosenlegal.com
ALLIED INTERSTATE: Mathis Files FDCPA Class Suit in M.D. Florida
----------------------------------------------------------------
A class action lawsuit has been filed against Allied Interstate
LLC, et al. The case is styled as Aryan Mathis, individually and on
behalf of all others similarly situated v. Allied Interstate LLC,
LVNV Funding LLC, John Does 1-25, Case No. 8:20-cv-00591 (M.D.
Fla., March 12, 2020).
The Plaintiff filed the case under the Fair Debt Collection
Practices Act.
Allied Interstate LLC is a debt collection agency that provides
financial services. The Company offers accounts receivable,
customer retention, and debt collection services.[BN]
The Plaintiff is represented by:
Justin Zeig, Esq.
ZEIG LAW FIRM, LLC
3595 Sheridan Street, Suite 103
Hollywood, FL 33021
Phone: (754) 217-3084
Email: justin@zeiglawfirm.com
ALPHA BULK: Misappropriates Funds for Carrier Services, GBI Claims
------------------------------------------------------------------
GLENDENNING BROTHERS, INC., on behalf of itself and all others
similarly situated, Plaintiff v. ALPHA BULK LOGISTICS, LLC;
THEODORE NETZKY, individually and as Trustee of the 2013 Clavey
Trust; GLENN SEIDEN; SEIDEN NETZKY LAW GROUP, LLC; BARRY NETZKY,
individually and as Trustee of the New Riverwalk Trust #1 and as
Trustee of the New Riverwalk Trust #2; JOHN DOE as Trustee of the
Barbara Glass Trust; WOLIN & ROSEN, LTD.; and PICKER & ASSOCIATES,
LL hj C, Defendants, Case No. 2020CH02868 (Ill. Cir., Cook Cty.,
March 9, 2020) is a class action against the Defendants for
violations of their contractual obligations to the Plaintiff and
the Class Carriers.
According to the complaint, the Defendants unlawfully and illegally
misappropriated and converted the funds from shipper's payment for
carrier services, which are due to the Plaintiff and the Class
Carriers, for their own personal benefit, thus breaching their duty
of care which obligated them to hold and remit payments to
Plaintiff and Class Carriers.
Glendenning Brothers, Inc. is a motor carrier registered with the
Federal Motor Carrier Safety Administration with a principal place
of business located at 10128 IL-72, Stillman Valley in Ogle County,
Illinois.
Alpha Bulk Logistics, LLC is a freight broker based in Chicago,
Illinois.
Seiden Netzky Law Group, LLC is a provider of legal services
headquartered at 333 S. Wabash, Suite 2700 in Chicago, Illinois.
Wolin & Rosen, Ltd. is a Chicago, Illinois-based legal services
firm.
Picker & Associates, LLC is a company that provides accounting
services with principal place of business at 750 W. Lake Cook Road,
Buffalo Grove in Lake County, Illinois. [BN]
The Plaintiff is represented by:
Kristi L. Browne, Esq.
Ryan S. Zeller, Esq.
THE PATTERSON LAW FIRM LLC
200 West Monroe Street, Suite 2025
Chicago, IL 60606
Telephone: (312) 223-1699
E-mail: kbrowne@pattersonlawfirm.com
rzeller@pattersonlawfirm.com
- and -
James Stark, Esq.
STARK LAW OFFICES
110 West Roosevelt Road
Wheaton, IL 60187
E-mail: j.stark.law@gmail.com
AMAZON.COM: Chandler et al. Claim Zinus Mattresses Caused Injuries
------------------------------------------------------------------
The case, AMANDA CHANDLER and ROBERT DURHAM, on behalf of
themselves and all others similarly situated, Plaintiffs v.
AMAZON.COM LLC, EBAY INC., TARGET AABC CORPORATION, WALMART INC.,
WAYFAIR INC., and ZINUS INC., Defendants, Case No. 3:20-cv-00265
(S.D. Ill., March 12, 2020) arises from Defendants' alleged
fraudulent concealment and omission, unjust enrichment, negligence,
gross negligence, and violation of Magnuson-Moss Warranty Act.
According to the complaint, Plaintiffs purchased a Zinus memory
foam mattress from Walmart in the summer of 2019 which contained a
removable outer cover equipped with zipper and a mattress tag
attached to the outer cover which read in part "62% Glass Fibers".
Plaintiffs allege that Defendants failed to warn the user:
-- not to remove the removable outer cover,
-- that removing the removable outer cover may expose the user
to glass fibers,
-- that exposure to glass fibers may lead to serious injuries
and/or property damage,
-- that the outer cover was not washable, and
-- not to stand, sit, lay, or jump on the mattress after
removing the removable outer cover.
Plaintiffs assert that because of Defendants' failure to warn the
user, the glass fibers from the Purchased Mattresses caused extreme
pain and suffering to Plaintiff's family by cutting the skin of
each family member causing dermatitis. This happened when Plaintiff
Chandler removed the removable cover to launder and tiny shards of
glass were embedded in all parts of their home.
Defendants Amazon.com LLC, Ebay Inc., Target AABC Corporation,
Walmart Inc., Wayfair Inc., and Zinus Inc. sell Zinus mattresses
containing dangerous glass fibers. [BN]
The Plaintiffs are represented by:
Christopher Cueto, Esq.
James E. Radcliffe, Esq.
LAW OFFICE OF CHRISTOPHER CUETO, LTD.
7110 West Main Street
Belleville, IL 62223
Tel: 314-497-8373
Email: ccueto@cuetolaw.com
- and -
William S. Daniel, Esq.
DANIEL LAW OFFICES
345 Missouri Avenue
East St. Louis, IL 62201
Tel: 618-698-5384
Fax: 314-918-1177
Email: wsd@daniellawoffices.com
- and -
Lloyd M. Cueto, Esq.
LAW OFFICE OF LLOYD M CUETO, P.C.
7110 West Main Street
Belleville, IL 62223
Tel: (618) 277-1554
Email: cuetolm@cuetolaw.com
.
AMERICAN HONDA: De Monroy Sues over Unlawful Debt Collection
------------------------------------------------------------
ARGELIA ARROYO DE MONROY, individually and on behalf of all others
similarly situated, Plaintiff v. AMERICAN HONDA FINANCE
CORPORATION, and DOES 1 through 10, inclusive, Defendant, Case No.
8:20-cv-00473 (C.D. Cal., March 9, 2020) is a class action
complaint brought against Defendant for its alleged willful
violations of the Telephone Consumer Protection Act, the Fair Debt
Collection Practices Act and the Rosenthal Fair Debt Collection
Practices Act.
According to the complaint, Plaintiff received calls on her
cellular telephone number ending in -0631 from Defendant's
telephone numbers (866)950-7780 beginning in or around April of
2019, in an attempt to collect an alleged debt owed from Plaintiff
and without "prior express consent" from Plaintiff to receive such
calls. Allegedly, Defendant used an "automatic telephone dialing
system" or an artificial or prerecorded voice to place its daily
calls to Plaintiff, and continued placing calls to Plaintiff
despite being told to stop calling her.
Moreover, the complaint asserts that Defendant's conduct violated
the FDCPA and RFDCPA by:
-- causing a telephone to ring repeatedly or continuously to
annoy Plaintiff;
-- communicating, by telephone or in person, with Plaintiff
with such frequency as to be unreasonable and to constitute a
harassment to Plaintiff under the circumstances;
-- communicating with Plaintiff at times or places which were
known or should have been known to be inconvenient for Plaintiff;
and
-- engaging in conduct the natural consequence of which is to
harass, oppress, or abuse Plaintiff.
American Honda Finance Corporation is a debt collection company.
[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Tel: (323)306-4234
Fax: (866)633-0228
Emails: tfriedman@toddflaw.com
abacon@toddflaw.com
AMICA MUTUAL: Gottlieb Insurance Suit Removed to D. Massachusetts
-----------------------------------------------------------------
The case captioned Peter A. Gottlieb, individually and on Behalf of
All Persons Similarly Situated v. Amica Mutual Insurance Company,
Case No. 2081CV00292, was removed from the Massachusetts Superior
Court, Middlesex County, to the United States District Court for
the District of Massachusetts on March 12, 2020 and assigned Case
No. 1:20-cv-10509-DJC.
The lawsuit arises from insurance-related issues.
Amica Mutual Insurance Company is a Rhode Island-based mutual
insurance company that offers auto, home and life insurance.[BN]
The Plaintiff is represented by:
John P. Zavez, Esq.
ADKINS, KELSTON AND ZAVEZ, P.C.
90 Canal Street, 5th Floor
Boston, MA 02114
Phone: (617) 367-1040
Fax: (617) 742-8280
Email: jzavez@akzlaw.com
The Defendant is represented by:
Ryan B. MacDonald, Esq.
SLOANE & WALSH
Three Center Plaza
Boston, MA 02108
Phone: (617) 523-6010
Email: rmacdonald@sloanewalsh.com
ASSET RECOVERY: Violates Fair Debt Collection Act, Sung Claims
--------------------------------------------------------------
Won Yong Sung, individually and on behalf of all others v. Asset
Recovery Solutions, LLC, Case No. 2:20-cv-02724-SDW-LDW (D.N.J.,
March 12, 2020), seeks to recover damages for violations of the
Fair Debt Collection Practices Act.
According to the complaint, the Defendant alleges the Plaintiff
owes a debt. In its efforts to collect the alleged Debt, the
Defendant contacted the Plaintiff by letter dated October 15, 2019.
The Letter claims that the Plaintiff owes $11,088.70. The Plaintiff
did not owe $11,088.70. The Plaintiff did not owe any money at all
to the entity on whose behalf the Defendant was seeking to
collect.
An allegation by a debt collector that a consumer owes a debt, when
the debt is not owed at all by the consumer, is a deceptive
representation made in connection with the collection of any debt,
in violation of the FDCPA, says the complaint.
The Plaintiff is a natural person allegedly obligated to pay a
debt.
The Defendant regularly collects or attempts to collect debts
asserted to be owed to others.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 203-7600
Fax: (516) 706-5055
Email: csanders@barshaysanders.com
ASSOCIATED MANAGEMENT: Underpays Staff, Henderson-Stuckey Alleges
-----------------------------------------------------------------
MILTON HENDERSON-STUCKEY and MORRIS CRANFORD, individually and on
behalf of all others similarly-situated, Plaintiffs v. ASSOCIATED
MANAGEMENT LTD. and JAMES T. KINCANNON, Defendants, Case No.
4:20-cv-04019-SOH (W.D. Ark., March 10, 2020) is a class action
against the Defendants for violations of the Fair Labor Standards
Act and the Arkansas Minimum Wage Act including misclassifying them
as exempt from FLSA overtime requirements, failing to compensate
them for all hours worked in excess of 40 hours per workweek, and
failing to include the value of rent credit on their overtime
rate.
The Plaintiffs were hired by Defendants as maintenance workers and
groundskeepers at apartment complexes between 2010 and 2017.
Associated Management Ltd. is an owner and operator of apartment
complexes throughout Arkansas with principal place of business in
North Little Rock, Arkansas. [BN]
The Plaintiffs are represented by:
Courtney Lowery, Esq.
Josh Sanford, Esq.
SANFORD LAW FIRM PLLC
650 South Shackleford, Suite 411
Little Rock, AK 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: courtney@sanfordlawfirm.com
josh@sanfordlawfirm.com
AUSTRALIA: PFAS Class Suit Over Toxic Firefighting Foam Settled
---------------------------------------------------------------
The Australian Associated Press reports that a class action
settlement has been reached over potentially hazardous chemicals
(PFAS) used in firefighting foam at three Australian defence
bases.
Shine Lawyers, which represents the actions at Oakey in Queensland
and Katherine in the Northern Territory, said those affected were
thrilled after a five-year wait for justice.
The agreement would compensate communities for extensive property
value losses, said Shine's Joshua Aylward.
Three federal court class actions have been launched over the PFAS
chemicals (per-and polyfluoroalkyl substances) used in firefighting
foam.
The third is related to contamination in Williamtown, New South
Wales.
Environmental activist Erin Brokovich welcomed the news on the
settlement. She said the settlement enabled affected communities
to turn the page on a difficult chapter of their lives. "I know
better than most how gruelling and time-consuming class actions can
be so I want to congratulate residents for never giving up hope,"
she said.
Aylward said: "The people of Oakey and Katherine have been living
in limbo for more than five years.
"We're pleased to have achieved this outcome for these communities
and to have helped affected property owners to move forward with
their lives."
The federal government said the parties were finalising detailed
terms of the settlement. The terms are subject to federal court
approval.
The government said it was committed to engaging with those
affected by the contamination.
"Defence sees itself as part of the fabric of these communities,"
the defence minister, Linda Reynolds, said in a joint statement
with the defence personnel minister, Darren Chester.
"Reaching a settlement is not the end of Defence's engagement in
these communities, however, it does represent an important
milestone on what has been a difficult journey for many people over
the past few years."
They said the government was committed to finishing environmental
investigations into PFAS contamination around defence facilities,
and to ongoing monitoring and engagement with communities. [GN]
AUTOGLASSNOW LLC: Improperly Pays Overtime Wages, Salts Alleges
---------------------------------------------------------------
Jo Ann Salts, individually and on behalf of all others similarly
situated v. AUTOGLASSNOW, LLC, Case No. 3:20-cv-00249 (M.D. Fla.,
March 12, 2020), is brought against the Defendant for violation of
the Fair Labor Standards Act arising from its failure to fully and
properly pay overtime compensation and a premium for all hours
worked over 40 each week.
The Defendant maintained a common unlawful pay practice applicable
to all non-exempt employees, permitting them to suffer to work off
the clock, and even when working more than 40 hours, underpaying
them and incorrect overtime rates which were not one and one half
times the regular rate, all for the purpose of increasing profits
and saving many millions of dollars each year in labor costs, says
the complaint.
The Plaintiff worked for the Defendants from July 2019 until her
termination on November 4, 2019, working under the job title of
"Customer Service Representative."
The Defendant operates its shops, which provides auto glass, across
the USA as a single business enterprise and unified
enterprise.[BN]
The Plaintiff is represented by:
Mitchell L. Feldman, Esq.
FELDMAN LEGAL GROUP
6940 W. Linebaugh Ave., #101
Tampa, FL 33625
Phone: 813-639-9366
Fax: 813-639-9376
Email: mlf@feldmanlegal.us
Secondary: lschindler@feldmanlegal.us
BAGELS & SCHMEAR: Conde et al. Seek OT Pay, Premiums for Staff
--------------------------------------------------------------
The case, FELIPE CONDE, individually and on behalf of all others
similarly-situated v. ROM GROCERY CORP., d/b/a BAGELS & SCHMEAR;
MOD GROCERY NY, CORP., d/b/a BAGELS & SCHMEAR; ZON GROCERY NEW
CORP., d/b/a BAGELS & SCHMEAR; GOOD LAK NY, CORP., d/b/a BAGELS &
SCHMEAR; ROMANA MOTCHOURAD; and ARMANDO HUITZL, Defendants, Case
No. 1:20-cv-02086 (S.D.N.Y., March 9, 2020), arises from the
Defendants' violations of the Fair Labor Standards Act and the New
York Labor Law including failure to pay minimum wages and overtime
wages for all hours worked in excess of 40 hours per workweek and
failure to compensate spread of hours premium for each day that
Plaintiff's work shift exceeded 10 hours.
The Plaintiff was employed as a non-exempt food preparer/kitchen
worker, sandwich maker, cashier, and customer attendant from 2011
until on or about February 21, 2020 by the Defendants at the bakery
and restaurant named Bagels & Schmear that they jointly own and
operate.
Rom Grocery Corp. is a grocery store operator with a principal
place of business at 114 East 28th Street, New York, New York.
Mod Grocery NY, Corp. is a New York-based operator of grocery
stores.
Zon Grocery New Corp. is a grocery store company located at 114
East 28th Street, New York, New York.
Good Lak NY, Corp. is a domestic business corporation organized
under the laws of the State of New York, which does business at 114
East 28th Street, New York, New York. [BN]
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER PLLC
10 Grand Central
155 East 44th Street – 6th Floor
New York, NY 10017
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
E-mail: info@jcpclaw.com
BARRINGTON BANK: Hand Sues over Unsolicited Telemarketing Calls
---------------------------------------------------------------
WILLIAM K. HAND, individually and on behalf of all others similarly
situated, Plaintiff v. BARRINGTON BANK & TRUST COMPANY, N.A. D/B/A
VETERANS FIRST MORTGAGE, Defendant, Case No. 2:20-cv-00874-BWA-JCW
(E.D. La., March 12, 2020) is a class action against the Defendant
for violations of the Telephone Consumer Protection Act.
According to the complaint, the Defendant contacted the cellular
phone numbers of the Plaintiff and all others similarly-situated
consumers using automatic telephone dialing system to advertise the
availability of its loan products and to solicit loan applications
without prior express written consent.
Barrington Bank & Trust Company, N.A. is a financial services
company headquartered at 201 South Hough Street in Barrington,
Illinois. It is also doing business as Veterans First Mortgage.
[BN]
The Plaintiff is represented by:
Paul M. Sterbcow, Esq.
Beth E. Abramson, Esq.
Jessica L. Ibert, Esq.
Ian F. Taylor, Esq.
LEWIS, KULLMAN, STERBCOW & ABRAMSON, LLC
601 Poydras Street, Suite 2615
New Orleans, LA 70130
Telephone: (504) 588-1500
Facsimile: (504) 588-1514
E-mail: sterbcow@lksalaw.com
itaylor@lksalaw.com
babramson@lksalaw.com
jibert@lksalaw.com
BECTON DICKINSON: Glancy Prongay Files Securities Class Action
--------------------------------------------------------------
Glancy Prongay & Murray LLP ("GPM") announces that it has filed a
class action lawsuit in the United States District Court for the
District of New Jersey captioned Kabak v. Becton, Dickinson and
Company, et al., (Case No. 20-cv-02155), on behalf of persons and
entities that purchased or otherwise acquired Becton, Dickinson and
Company ("Becton" or the "Company") (NYSE: BDX) securities between
November 5, 2019 and February 5, 2020, inclusive (the "Class
Period"). Plaintiff pursues claims under Sections 10(b) and 20(a)
of the Securities Exchange Act of 1934 (the "Exchange Act").
Investors are notified that they have 60 days from the date of this
notice to move the Court to serve as lead plaintiff in this
action.
If you are a shareholder who suffered a loss, click here to
participate.
On February 6, 2020, Becton lowered its fiscal 2020 guidance,
announcing that it expected revenue to increase by only 1.5 to 2.5
percent, "to reflect the impact of the remediation effort and
anticipated loss of sales of the Alaris infusion system." According
to the Company, the software remediation plan for the Alaris system
"will require additional regulatory filings," and existing
customers would have "access to the Alaris System under medical
necessity." Becton further disclosed that it had recorded a $59
million charge in connection with a voluntary recall of certain
Alaris pumps.
On this news, Becton's share price fell $33.74, or nearly 12%, to
close at $252.25 per share on February 6, 2020, on unusually heavy
trading volume.
The complaint filed in this class action alleges that 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 certain of Becton's Alaris infusion pumps
experienced software errors and alarm prioritization issues; (2)
that, as a result, the Company was investing in remediation efforts
to address these product issues, rather than a software upgrade to
"make enhancements;" (3) that the Company was reasonably likely to
face regulatory delays in connection with the software remediation;
(4) that, as a result of the foregoing, Becton was reasonably
likely to recall certain of its Alaris infusion pumps; and (5)
that, as a result of the foregoing, Defendants' positive statements
about the Company's business, operations, and prospects were
materially false and/or misleading and/or lacked a reasonable
basis.
Follow us for updates on Twitter: twitter.com/GPM_LLP.
If you purchased Becton securities during the Class Period, you may
move the Court no later than 60 days from the date of this notice
to ask the Court to appoint you as lead plaintiff. To be a member
of the Class you need not take any action at this time; you may
retain counsel of your choice or take no action and remain an
absent member of the Class. If you wish to learn more about this
action, or if you have any questions concerning this announcement
or your rights or interests with respect to these matters, please
contact Charles H. Linehan, Esquire, of GPM, 1925 Century Park
East, Suite 2100, Los Angeles, California 90067 at 310-201-9150,
Toll-Free at 888-773-9224, by email to shareholders@glancylaw.com,
or visit our website at www.glancylaw.com. If you inquire by email
please include your mailing address, telephone number and number of
shares purchased.
Contact:
Glancy Prongay & Murray LLP
Los Angeles
Charles H. Linehan
310-201-9150
888-773-9224
http://www.glancylaw.com/
E-mail: shareholders@glancylaw.com
[GN]
BLUE DIAMOND: Lamonakis Sues in E.D. New York Over TILA Violation
-----------------------------------------------------------------
A class action lawsuit has been filed against Blue Diamond Growers.
The case is styled as Sonya Lamonakis, individually and on behalf
of all others similarly situated v. Blue Diamond Growers, Case No.
1:20-cv-01347-MKB-SMG (E.D.N.Y., March 12, 2020).
The lawsuit is brought over alleged violation of the
Truth-In-Lending Act.
Blue Diamond Growers is a California agricultural cooperative and
marketing organization that specializes in almonds.[BN]
The Plaintiff is represented by:
Spencer I. Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
505 Northern Boulevard, Suite 311
Great Neck, NY 11021
Phone: (516) 303-0552
Fax: (516) 234-7800
Email: Spencer@spencersheehan.com
BOKF NA: Breaches Fiduciary Duties Under ERISA, West Suit Alleges
-----------------------------------------------------------------
Suzanne West, Jeremy McMillan, and Ivan Herrera, as representatives
of a class of similarly situated persons, and on behalf of the BOK
Financial 401(k) Plan v. BOKF, NA; The Retirement Plan Committee of
BOKF, NA; and Cavanal Hill Investment Management, Inc., Case No.
4:20-cv-00101-JED-FHM (N.D. Okla., March 12, 2020), is brought
under the Employee Retirement Income Security Act of 1974 alleging
breach of fiduciary duties.
According to the complaint, the Defendants have breached their
fiduciary duties and engaged in other unlawful conduct to the
detriment of the Plan and its participants and beneficiaries. The
Defendants have failed to administer the Plan in the interest of
participants and failed to employ a prudent process for managing
the Plan. Instead, the Defendants manage the Plan for the benefit
of BOK at the expense of Plan participants.
The Defendants employ BOK and its subsidiary, Cavanal Hill, to
manage key investment options for Plan participants: the
target-date funds and the capital preservation option (among
others), according to the complaint. These investment options are
designed for the least sophisticated, and thus most vulnerable,
participants in the Plan. Yet BOK's proprietary funds are not
products that a disinterested fiduciary would choose. BOK's
proprietary funds are excessively-priced for the large plan market,
and the performance of those funds does not make up for the higher
price that participants must pay. Plan participants would have been
far better off with typical non-proprietary alternatives used by
peer plans.
The Plaintiffs contend that these defects also applied to BOK's
proprietary international equity fund retained as an option in the
Plan. The costs and performance of this option did not justify its
inclusion in the Plan's menu, and the Defendants appear to have
retained it for the sole purpose of collecting fees for BOK and
Cavanal Hill from the Plan.
In retaining inferior proprietary funds, the Defendants appear to
act as mere patrons of the company, rather than fiduciaries
concerned for the best interest of participants, the Plaintiffs
assert. The Defendants' self-interested and imprudent conduct has
cost the Plan millions of dollars in excessive fees and lost
investment returns during the class period. Based on this conduct
and the other conduct, the Plaintiffs assert a claim against the
Defendants for breach of their fiduciary duties of loyalty and
prudence and against BOK for failing to properly monitor the
Committee and its members.
The Plaintiffs participated in the Plan during the class period.
Defendant BOK is headquartered in Tulsa, Oklahoma. BOK is the "plan
sponsor."[BN]
The Plaintiffs are represented by:
Mark E. Hammons, Esq.
HAMMONS, HURST & ASSOCIATES
325 Dean A. McGee Avenue
Oklahoma City, OK 73102
Phone: (405) 235-6100
Facsimile: (405) 235-6111
Email: amber@hammonslaw.com
- and -
Kai H. Richter, Esq.
Paul J. Lukas, Esq.
Brock J. Specht, Esq.
Benjamin J. Bauer, Esq.
Christopher Theophillus Smith, Esq.
NICHOLS KASTER, PLLP
4600 IDS Center
80 S 8th Street
Minneapolis, MN 55402
Phone: 612-256-3200
Facsimile: 612-338-4878
Email: krichter@nka.com
lukas@nka.com
bspecht@nka.com
bbauer@nka.com
tsmith@nka.com
BUTCH LEE: Harris Seeks OT Pay for Stiletto's Cabaret Dancers
-------------------------------------------------------------
ANGIELA HARRIS, individually and on behalf of all others
similarly-situated, Plaintiff v. BUTCH LEE MANAGEMENT, INC. D/B/A
STILETTO'S CABARET and CHARLES TURNER, Defendants, Case No.
4:20-cv-00227-A (N.D. Tex., March 11, 2020) is a class action
against the Defendants for violations of the Fair Labor Standards
Act including misclassifying her and other dancers and entertainers
as independent contractors, failing to compensate them for all
hours worked in excess of 40 hours per workweek, and failing to
notify them about the tip credit allowance.
The Plaintiff was employed by Defendants as a dancer from
approximately 2012 through September 2019.
Butch Lee Management, Inc. is a strip club operator located at 3929
Hwy 157 South in Fort Worth, Texas. It is also doing business as
Stiletto's Cabaret. [BN]
The Plaintiff is represented by:
Jarrett L. Ellzey, Esq.
W. Craft Hughes, Esq.
Leigh Montgomery, Esq.
HUGHES ELLZEY LLP
1105 Milford Street
Houston, TX 77066
Telephone: (713) 554-2377
Facsimile: (888) 995-3335
E-mail: jarrett@hughesellzey.com
craft@hughesellzey.com
leigh@hughesellzey.com
CANDIA INC: Fails to Pay OT & Keep Accurate Records, Aguilar Says
-----------------------------------------------------------------
JOSE AGUILAR, individually and on behalf of all others similarly
situated, Plaintiff v. CANDIA, INC.; FALLS OF LAS VILLAS, LLC;
FALLS OF CHELSA LANE, LLC; FALLS OF BRAESWOOD, LP; FALLS OF TOWN
PARK, LP; FALLS OF BIRCHBROOK APARTMENTS, LTD.; FALLS OF DEER PARK,
LP; KEY WEST VILLAGE, LP; FALLS OF BRAEBURN, LLC; FALLS OF WESTPARK
APARTMENTS, LTD.; FALLS OF WILCREST, LP; FALLS OF EDGEBROOK, LP;
FALLS OF BEECHNUT, LP; STEMACO INTERNATIONAL, INC; FALLS OF DAIRY
ASHFORD, LLC; FALLS OF WEST OAKS, LP; PELICAN ASSOCIATES, LLC;
FALLS OF BELLAIRE, L.P.; NORTHWEST MIAMI GARDENS, L.P.; FALLS OF
WEST POINT, LLC; SP SHEFFIELD, LP; FALLS OF KIRKWOOD, LP; and RAO
POLAVARAPU, Defendants, Case No. 4:20-cv-00845 (S.D. Tex., March 9,
2020) is a collective action and lawsuit against Defendants for
their alleged violation of the Fair Labor Standards Act.
Plaintiff was employed by Defendants as a Maintenance Technician
from approximately February 2011 until January 2020, was paid on an
hourly basis, and regularly worked in excess of forty hour per week
during his employment with Defendants, but was not paid the
entirety of his overtime "at a rate not less than one and one-half
times the regular rate."
Plaintiff seeks to recover unpaid overtime wages, liquidated
damages, and attorneys' fees and costs.
Defendants are apartment complexes in Houston, Texas. [BN]
The Plaintiff is represented by:
Melissa Moore, Esq.
Curt Hesse, Esq.
Renu Tandale, Esq.
MOORE & ASSOCIATES
Lyric Center
440 Louisiana Street, Suite 675
Houston, TX 77002
Tel: (713)222-6775
Fax: (713)222-6739
Website: http://www.mooreandassociates.net
CENTURY CASINOS: Faces Katt Suit in Colorado Over ADA Violations
----------------------------------------------------------------
A class action lawsuit has been filed against Century Casinos, Inc.
The case is captioned as David Katt, on behalf of himself and all
others similarly situated v. Century Casinos, Inc., Case No.
1:20-cv-00400-MEH (D. Colo., Feb. 17, 2020).
The case is assigned to the Hon. Judge Michael E. Hegarty.
The lawsuit alleges violation of Americans with Disabilities Act.
Century Casinos is a gaming company based in Colorado Springs,
Colorado. The Company operates eleven casinos in Colorado,
Missouri, West Virginia, Alberta, and England. It also operates
casinos on cruise ships for Diamond Cruise International, TUI, and
Windstar.[BN]
The Plaintiff is represented by:
Ari Hillel Marcus, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Telephone: (732) 695-3282
E-mail: ari@marcuszelman.com
CHINA: Faces Class Suit in Florida Over COVID-19 Outbreak
---------------------------------------------------------
LOGAN ALTERS, MARTA REYES, LAWRENCE WOOD, STEPHEN CLYNE and THE
PITCHING LAB d/b/a TBT TRAINING, on behalf of themselves, and all
those similarly situated, Plaintiffs v. PEOPLE'S REPUBLIC OF CHINA;
NATIONAL HEALTH COMMISSION OF THE PEOPLE'S REPUBLIC OF CHINA;
MINISTRY OF EMERGENCY MANAGEMENT OF THE PEOPLE'S REPUBLIC OF CHINA;
THE PEOPLE'S GOVERNMENT OF HUBEI PROVINCE; and THE PEOPLE'S
GOVERNMENT OF CITY OF WUHAN, CHINA, Defendants, Case No.
1:20-cv-21108-XXXX (S.D. Fla., March 13, 2020) is a class action
complaint brought against Defendants for their alleged negligence,
negligent infliction of emotional distress, intentional infliction
of emotional distress, strict liability for conducting
ultrahazardous activity, and public nuisance in violations of the
Federal Rules of Civil Procedure.
According to the complaint, the world has been devastated in recent
days by the ongoing march of the new strain of the Coronavirus,
more commonly known as COVID-19, which began in Wuhan, Hubei
Province, China, in December 2019, and has quickly spread
throughout Asia, Europe and North America. However, the People's
Republic of China slowly acted, proverbially put their head in the
sand, and/or covered it up for their own economic self-interest
despite knowing that the virus was dangerous and capable of causing
a pandemic.
The complaint asserts that Defendants breached their duty to
Plaintiffs and the members of the classes by:
-- failing to admit their knowledge of the dangers of the
virus, its lethalness, and the ease of human to human
transmission;
-- failing to contain the virus more quickly when the spread
was apparent;
-- failing to restrict a public gathering of more than 40,000
Wuhan families when they knew or should have known of the dangers
of the virus and ease transmission;
-- failing to adequately and reasonably supervise the outbreak
and contain its effects;
-- failing to provide adequate and reasonable warning to
Plaintiffs and members of the classes when they knew or should have
known of the dangers; and
-- disseminating materials and statements that provided the
wrong information to people within and outside China.
The People's Republic of China owns two known Chinese government
bio-weapon research labs and one of them is the National Biosafety
Laboratory at the Wuhan Institute of Virology, Wuhan which is
considered as China's only "level 4" microbiology lab that deals
with the deadliest of viruses. [BN]
The Plaintiffs are represented by:
Matthew T. Moore, Esq.
Vincent J. Duffy, Esq.
THE LAW OFFICES OF BERMAN & BERMAN, P.A.
P.O. Box 272789
Boca Raton, FL 33427
Tel: (561)826-5200
Fax: (561)826-5201
Emails: service@thebermanlawgroup.com
mmoore@thebermanlawgroup.com
vduffy@thebermanlawgroup.com
CLEARVIEW AI: Broccolino Sues over Illegal Scraping of Biometrics
-----------------------------------------------------------------
MARIA BROCCOLINO, on behalf of herself and all others similarly
situated, Plaintiff v. CLEARVIEW AI, INC., Defendant, Case No.
1:20-cv-02222 (S.D.N.Y., March 12, 2020) is a class action
complaint brought against Defendant for its alleged violation of
the Illinois Biometric Information Privacy Act.
According to the complaint, Defendant has created one of the
largest proprietary databases consisting of images of individuals
which were obtained without consent through illegal "scraping" from
the internet, including various social media platforms. Also,
Defendant act as search engine enabling law enforcement,
universities, department stores and other end users to upload an
image and compare it to one of the images scraped from the internet
by using facial recognition technology to identify individuals.
Moreover, Defendant disclosed on February 25, 2020 that its client
list has been stolen, and a copy of it, obtained by BuzzFeed and
other outlets, has been leaked. The leaked client information
revealed that Defendant's technology has been used by more than
2,200 people at law enforcement agencies, government institutions,
and companies across 27 countries; and demonstrates that Defendant
is planning to sell its technology to clients in Europe, the Middle
East, Asia Pacific, and South America and authoritarian regimes
with a history of human rights violations including Saudi Arabia
and the UAE.
Plaintiff seeks damages and injunctive relief on behalf of all
persons residing in Illinois whose facial geometry was scanned by
Defendant and subsequently sold, leased, traded, disclosed,
redisclosed or otherwise used by Defendant to profit without
compliance with BIPA requirements.
Clearview AI, Inc. is an American technology company that provides
facial recognition software, which they claim is marketed primarily
for law enforcement agencies. [BN]
The Plaintiff is represented by:
Lynda J. Grant, Esq.
THEGRANTLAWFIRM, PLLC
521 Fifth Avenue, 17th Floor
New York, NY 10175
Tel: 212-292-4441
Fax: 212-292-4442
Email: lgrant@grantfirm.com
- and -
Melissa R. Emert, Esq.
STULL, STULL & BRODY
6 East 45th St.-5th Floor
New York, NY 10017
Tel: 954-341-5561
Fax: 954-341-5531
Email: memert@ssbny.com
COLORADO CASINO: Faces Katt ADA Suit in District of Colorado
------------------------------------------------------------
A class action lawsuit has been filed against Colorado Casino
Resorts, Inc. The case is captioned as David Katt, on behalf of
himself and all others similarly situated v. Colorado Casino
Resorts, Inc., Case No. 1:20-cv-00401-KLM (D. Colo., Feb. 17,
2020).
The case is assigned to the Hon. Judge Kristen L. Mix.
The lawsuit alleges violation of the Americans with Disabilities
Act.
Century Casinos is a gaming company based in Colorado Springs,
Colorado. The company operates eleven casinos in Colorado,
Missouri, West Virginia, Alberta, and England. Century Casinos also
operates casinos on cruise ships for Diamond Cruise International,
TUI, and Windstar.[BN]
The Plaintiff is represented by:
Ari Hillel Marcus, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Telephone: (732) 695-3282
E-mail: ari@marcuszelman.com
CONSUMER PROTECTION LEGAL: Badillo Calls Services "Deceptive"
-------------------------------------------------------------
The case, ALEJANDRIA BADILLO, individually and on behalf of all
others similarly-situated v. CONSUMER PROTECTION LEGAL CENTER, LLC
and NASIM ANTHONY NAJEEB, Defendants, Case No. 2020CH02962 (Ill.
Cir., Cook Cty., March 11, 2020), arises from the Defendants'
violations of the Illinois Consumer Fraud and Deceptive Business
Practices Act and the Illinois Debt Settlement Consumer Protection
Act.
The Plaintiff, on behalf of herself and all others
similarly-situated consumers, claims that Defendants advised her to
stop communicating and making payments to her creditors, charged
her a settlement fee larger than what is required, and also failed
to provide her pre-sale disclosures. As a result of the Defendants'
actions, the Plaintiff was sued by her creditor and was forced to
retain other counsel at considerable expense.
Consumer Protection Legal Center, LLC is a Lake Forest,
California-based provider of debt settlement services. [BN]
The Plaintiff is represented by:
Bryan Paul Thompson, Esq.
Robert W. Harrer, Esq.
CHICAGO CONSUMER LAW CENTER P.C.
111 West Washington Street, Suite 1360
Chicago, IL 60602
Telephone: (312) 858-3239
Facsimile: (312) 610-5646
E-mail: bryan.thompson@cclc-law.com
rob.harrer@cclc-law.com
- and -
Steven Uhrich, Esq.
UHRICH LAW P.C.
1 N. State Street, Suite 1500
Chicago, IL 60602
Telephone: (773) 969-6337
Facsimile: (773) 496-6968
E-mail: steven@uhrichlawpc.com
CPI AEROSTRUCTURES: Wolf Haldenstein Files Securities Class Suit
----------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP announces the filing of
a federal securities class action lawsuit in the United States
District Court for the Eastern District of New York against CPI
Aerostructures, Inc. ("CPI" or the "Company") (NYSE: CVU)
securities between May 15, 2018 and February 14, 2020, inclusive
(the "Class Period").
All investors who purchased shares of CPI Aerostructures, Inc. and
incurred losses are urged to contact the firm immediately at
classmember@whafh.com or (800) 575-0735 or (212) 545-4774. You may
obtain additional information concerning the action or join the
case on our website, www.whafh.com.
If you have incurred losses in the shares of CPI Aerostructures,
Inc., you may, no later than April 24, 2020, request that the
Court appoint you lead plaintiff of the proposed class. Please
contact Wolf Haldenstein to learn more about your rights as an
investor in the shares of CPI Aerostructures, Inc.
The filed complaint alleges that defendants throughout the Class
Period made false and/or misleading statements and/or failed to
disclose that:
CPI Aerostructures' financial statements included in its Forms
10-Q for the first, second, and third quarters of 2018 and of 2019
incorrectly applied generally accepting accounting principles and
thus revenue, net income, retained earnings, and contract assets
were overstated;
as a result, the financial statements included in the Form
10-Qs for 2018 and for 2019 and the annual report on Form 10-K for
2018 could no longer be relied upon and required restatement;
CPI Aerostructures lacked adequate internal controls over
financial reporting and effective disclosure controls and
procedures as of the period during each reporting period of 2018;
CPI Aerostructures lacked effective disclosure controls and
procedures during the third quarter of 2019; and
as a result, CPI Aerostructures' public statements were
materially false and/or misleading at all relevant times.
On February 8, 2019, CPI announced that its previously issued
financial statements for the three and nine months ended September
30, 2018 should no longer be relied upon due to an error related to
the Company's billing process which caused an overstatement of
revenue. On this news, CPI's share price fell 8.5% to close at
$6.34 per share on February 8, 2019.
Then, on February 14, 2020, CPI announced that its financial
statements for fiscal 2018 and 2019 should no longer be relied upon
because "certain revenues and net income were recognized
prematurely or inaccurately." Additionally, the Company announced
that its Chief Financial Officer had resigned.
On this news, the Company's stock price fell $1.80, or nearly 27%,
to close at $4.87 per share on February 14, 2020.
Wolf Haldenstein has extensive experience in the prosecution of
securities class actions and derivative litigation in state and
federal trial and appellate courts across the country. The firm
has attorneys in various practice areas; and offices in New York,
Chicago and San Diego. The reputation and expertise of this firm
in shareholder and other class litigation has been repeatedly
recognized by the courts, which have appointed it to major
positions in complex securities multi-district and consolidated
litigation.
If you wish to discuss this action or have any questions regarding
your rights and interests in this case, please immediately contact
Wolf Haldenstein by telephone at (800) 575-0735, via e-mail at
classmember@whafh.com, or visit our website at www.whafh.com.
Contact:
Wolf Haldenstein Adler Freeman & Herz LLP
Kevin Cooper, Esq.
Gregory Stone, Director of Case and Financial Analysis
E-mail: gstone@whafh.com, kcooper@whafh.com or
E-mail: classmember@whafh.com
Tel: (800) 575-0735 or (212) 545-4774
[GN]
CREDIT PROS: Sends Unsolicited Text and Robocalls, Hancock Claims
-----------------------------------------------------------------
DYLAN HANCOCK, individually and on behalf of all others
similarly-situated, Plaintiff v. THE CREDIT PROS INTERNATIONAL
CORPORATION, Defendant, Case No. 2:20-cv-02826 (D.N.J., March 15,
2020) is a class action against the Defendant for violations of the
Telephone Consumer Protection Act.
The Plaintiff, individually and on behalf of all others
similarly-situated consumers, alleges that the Defendant placed
pre-recorded calls and sent autodialed text messages to Plaintiff
and Class members using an automatic telephone dialing system
without obtaining their prior express written consent in an attempt
to advertise and promote its credit repair services.
The Credit Pros International Corporation is a Newark, New
Jersey-based provider of credit repair solutions to consumers that
include credit monitoring and credit improvement. [BN]
The Plaintiff is represented by:
Stefan Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN
1072 Madison Ave, Suite 1
Lakewood, NJ 08701
Telephone: (877) 333-9427
Facsimile: (888) 498-8946
E-mail: law@stefancoleman.com
- and -
Avi R. Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
CRONOS GROUP: Faces Witte Class Suit Over Decline in Share Price
----------------------------------------------------------------
Jill Witte, Individually and On Behalf of All Others Similarly
Situated v. CRONOS GROUP INC., MICHAEL GORENSTEIN, and JERRY F.
BARBATO, Case No. 1:20-cv-01310 (E.D.N.Y., March 11, 2020), is
brought as a securities class action lawsuit arising from the
precipitous decline in the market value of the Company's
securities.
The lawsuit is brought on behalf of a class consisting of all
persons other than the Defendants, who purchased or otherwise
acquired Cronos securities between May 9, 2019, and March 2, 2020,
both dates inclusive, seeking to recover damages caused by
Defendants' violations of the federal securities laws and to pursue
remedies under the Securities Exchange Act of 1934 and Rule 10b-5
promulgated thereunder, against the Company and certain of its top
officials.
The Defendants made materially false and misleading statements
regarding the Company's business, operational and compliance
policies, the Plaintiff alleges. Specifically, the Plaintiff says,
the Defendants made false and/or misleading statements and/or
failed to disclose that: (i) Cronos had engaged in significant
transactions for which its revenue recognition was inappropriate;
(ii) the deed would foreseeably necessitate reviews that would
delay the Company's ability to timely file its periodic reports;
and (iii) as a result, the Company's public statements were
materially false and misleading at all relevant times.
On February 24, 2020, Cronos stated that it would delay its fourth
quarter and fiscal year 2019 earnings release and conference call,
previously scheduled for February 27, 2020. On this news, Cronos's
share price fell $0.78 per share, or 10.91%, to close at $6.37 on
February 24, 2020.
On March 2, 2020, after the market closed, Cronos disclosed that it
had requested a 15-day extension for filing a complete Annual
Report on Form 10-K with the SEC for its fourth quarter and fiscal
year 2019. Cronos attributed the delay to a "review by the Audit
Committee of the Company's Board of Directors, with the assistance
of outside counsel and forensic accountants, of several bulk resin
purchases and sales of products through the wholesale channel and
the appropriateness of the recognition of revenue from those
transactions."
On this news, Cronos's share price fell an additional $0.70 per
share, or 11.63%, to close at $5.32 per share on
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages, says the complaint.
The Plaintiff acquired Cronos securities at artificially inflated
prices during the Class Period.
Cronos, formerly known as PharmaCan Capital Corp., is a principal
investment firm.[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Phone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Phone: (312) 377-1181
Facsimile: (312) 377-1184
Email: pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Phone: (212) 697-6484
Facsimile: (212) 697-7296
Email: peretz@bgandg.com
CROWN CASTLE: Federman & Sherwood Discloses Class Action Filing
---------------------------------------------------------------
Federman & Sherwood announces that on February 27, 2020, a class
action lawsuit was filed in the United States District Court for
the District of New Jersey against Crown Castle International Corp.
(NYSE: CCI). The complaint alleges violations of federal securities
laws, Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10b-5, including allegations of issuing a series of
material or false misrepresentations to the market which had the
effect of artificially inflating the market price during the Class
Period, which is February 26, 2018 through February 26, 2020.
To learn how to participate in this action, please visit
https://www.federmanlaw.com/blog/federman-sherwood-announces-the-filing-of-a-securities-class-action-lawsuit-against-crown-castle-international-corp/
Plaintiff seeks to recover damages on behalf of all Crown Castle
International Corp. shareholders who purchased common stock during
the Class Period and are therefore a member of the Class as
described above. You may move the Court no later than Monday, April
27, 2020 to serve as a lead plaintiff for the entire Class.
However, in order to do so, you must meet certain legal
requirements pursuant to the Private Securities Litigation Reform
Act of 1995.
If you wish to discuss this action, obtain further information and
participate in this or any other securities litigation, or should
you have any questions or concerns regarding this notice or
preservation of your rights, please contact:
Robin Hester
FEDERMAN & SHERWOOD
10205 North Pennsylvania Avenue
Oklahoma City, OK 73120
E-mail: rkh@federmanlaw.com
Web site: http://www.federmanlaw.com/
[GN]
CROWN CASTLE: Pomerantz LLP Discloses Class Action Filing
---------------------------------------------------------
Pomerantz LLP announces that a class action lawsuit has been filed
against Crown Castle International Corporation (NYSE: CCI) and
certain of its officers. The class action, filed in United States
District Court, for the District of New Jersey, is on behalf of a
class consisting of all persons and entities other than Defendants
who purchased or otherwise acquired publicly traded Crown Castle
securities between February 26, 2018 and February 26, 2020,
inclusive (the "Class Period"). Plaintiff seeks to recover
compensable damages caused by Defendants' violations of the federal
securities laws under the Securities Exchange Act of 1934 (the
"Exchange Act").
If you are a shareholder who purchased Crown Castle securities
during the class period, you have until April 27, 2020, to ask the
Court to appoint you as Lead Plaintiff for the class. A copy of
the Complaint can be obtained at www.pomerantzlaw.com. To discuss
this action, contact Robert S. Willoughby at
rswilloughby@pomlaw.com or 888.476.6529 (or 888.4-POMLAW),
toll-free, Ext. 9980. Those who inquire by e-mail are encouraged to
include their mailing address, telephone number, and the number of
shares purchased.
Crown Castle purports to own, operate and lease more than 40,000
cell towers and more than 75,000 route miles of fiber supporting
small cells and fiber solutions across every major U.S. market.
The Complaint alleges that the defendants throughout the Class
Period made false and/or misleading statements and/or failed to
disclose that: (i) Crown Castle's internal control over financial
reporting and disclosures controls and procedures were ineffective
and materially weak; (ii) Crown Castle's financial accounting and
reporting was not in accordance with GAAP; (iii) Crown Castle's net
income, adjusted EBITDA, and adjusted funds from operations were
inflated; (iv) Crown Castle would need to restate its financial
statements for the years ended December 31, 2018 and 2017, and
unaudited financial information for the quarterly and year-to-date
periods in the year ended December 31, 2018 and for the first three
quarters in the year ended December 31, 2019; and (v) as a result,
defendants' statements about its business, operations, and
prospects, were materially false and misleading and/or lacked a
reasonable basis at all relevant times.
On February 26, 2020, Crown Castle disclosed that its historical
accounting practice with respect to recognizing servicing revenues
from its tower installation services "was not acceptable under
GAAP." The Company advised investors that it would restate its
financial statements for the years ended December 31, 2018 and 2017
and for the first three quarters in the year ended December 31,
2019.
On this news, Crown Castle's stock price fell sharply during
intraday trading on February 27, 2020.
The Pomerantz Firm, with offices in New York, Chicago, Los Angeles,
and Paris, is acknowledged as one of the premier firms in the areas
of corporate, securities, and antitrust class litigation. Founded
by the late Abraham L. Pomerantz, known as the dean of the class
action bar, the Pomerantz Firm pioneered the field of securities
class actions. Today, more than 80 years later, the Pomerantz Firm
continues in the tradition he established, fighting for the rights
of the victims of securities fraud, breaches of fiduciary duty, and
corporate misconduct. The Firm has recovered numerous
multimillion-dollar damages awards on behalf of class members. See
www.pomerantzlaw.com
Contact:
Robert S. Willoughby
Pomerantz LLP
E-mail: rswilloughby@pomlaw.com
[GN]
CROWN CASTLE: Rosen Law Firm Files First Securities Class Action
----------------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, announces it has
filed a class action lawsuit on behalf of purchasers of the
securities of Crown Castle International Corp. (NYSE: CCI, CCI-PA)
between February 26, 2018 and February 26, 2020, inclusive (the
"Class Period"). The lawsuit seeks to recover damages for Crown
Castle investors under the federal securities laws.
To join the Crown Castle class action, go to
http://www.rosenlegal.com/cases-register-1790.htmlor call Phillip
Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or
cases@rosenlegal.com for information on the class action.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS
IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN
ONE. YOU MAY RETAIN COUNSEL OF YOUR CHOICE. YOU MAY ALSO REMAIN AN
ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. AN INVESTOR'S
ABILITY TO SHARE IN ANY POTENTIAL FUTURE RECOVERY IS NOT DEPENDENT
UPON SERVING AS LEAD PLAINTIFF.
According to the lawsuit, defendants throughout the Class Period
made false and/or misleading statements and/or failed to disclose
that: (1) Crown Castle's internal control over financial reporting
and disclosures controls and procedures were ineffective and
materially weak; (2) Crown Castle's financial accounting and
reporting was not in accordance with GAAP; (3) Crown Castle's net
income, adjusted EBITDA, and adjusted funds from operations were
inflated; (4) Crown Castle would need to restate its financial
statements for the years ended December 31, 2018 and 2017, and
unaudited financial information for the quarterly and year-to-date
periods in the year ended December 31, 2018 and for the first three
quarters in the year ended December 31, 2019; and (5) as a result,
defendants' statements about its business, operations, and
prospects, were materially false and misleading and/or lacked a
reasonable basis at all relevant times.
A class action lawsuit has already been filed. If you wish to serve
as lead plaintiff, you must move the Court no later than April 27,
2020. A lead plaintiff is a representative party acting on behalf
of other class members in directing the litigation. If you wish to
join the litigation, go to
http://www.rosenlegal.com/cases-register-1790.htmlor to discuss
your rights or interests regarding this class action, please
contact Phillip Kim, Esq. of Rosen Law Firm toll free at
866-767-3653 or via e-mail at pkim@rosenlegal.com or
cases@rosenlegal.com.
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm was Ranked No. 1
by ISS Securities Class Action Services for number of securities
class action settlements in 2017. The firm has been ranked in the
top 3 each year since 2013. Rosen Law Firm has secured hundreds of
millions of dollars for investors.
Contact:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
E-mail: lrosen@rosenlegal.com
pkim@rosenlegal.com
cases@rosenlegal.com
Web site: http://www.rosenlegal.com/
[GN]
D&K DELIVERY: Schug Seeks Overtime Compensation for Drivers
-----------------------------------------------------------
ROBERT SCHUG, on behalf of himself and all others similarly
situated, Plaintiff v. D&K DELIVERY, INC., Defendant, Case No.
1:20-cv-00387-WCG (E.D. Wis., March 11, 2020) is a collective and
class action complaint brought against Defendant for its alleged
unlawful compensation system in violation of the Fair Labor
Standards Act and the Wisconsin's Wage Payment and Collection
Laws.
Plaintiff worked as a Driver delivering FedEx packages from FedEx's
Green Bay, Wisconsin and/or Oshkosh, Wisconsin terminals to
individuals and entities locally within the State of Wisconsin.
The complaint asserts that Defendant has intentionally and
willfully deprived and failed to compensate Plaintiff and all other
current and former Driver employees at an overtime rate of pay for
each hour worked in excess of 40 hours in a workweek. Also,
Defendant's failure to properly record all compensable work time
was willfully perpetrated.
Plaintiff and the Wisconsin Class seek damages in the amount of
their respective unpaid compensation, injunctive relief requiring
Defendant to cease and desist from its violations of the Wisconsin
laws and to comply with them, and other legal and equitable
relief.
D&K Delivery, Inc. is a transportation company located at 1669
Brighton Beach Road, Menasha, Wisconsin 54952. [BN]
The Plaintiff is represented by:
Scott S. Luzi, Esq.
WALCHESKE & LUZI, LLC
15850 W. Bluemound Road, Suite 304
Brookfield, WI 53005
Tel: (262)780-1953
Fax: (262)565-6469
Emails: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
D&M CARRIERS: Bromlow et al. Suit Transferred to W.D. Oklahoma
--------------------------------------------------------------
At the behest of D & M Carriers, LLC, Chief Judge John E. Dowdell
of the U.S. District Court for the Northern District of Oklahoma
granted Defendant's Unopposed Motion to Transfer the case styled
as, MATTHEW BROMLOW and JOHNNY WALTERS, individually and on behalf
of others similarly situated, and on behalf of the general public,
Plaintiffs v. D&M CARRIERS, LLC dba FREYMILLER, and DOES 1-10,
inclusive, Defendant, Case No. 4:20-cv-00062 (N.D. Okla.), to the
United States District Court for the Western District of Oklahoma.
The case is now assigned Case No. 5:20-cv-00195-D (W.D. Okla.).
The case alleges violation of the Fair Labor Standards Act.
Freymiller delivers temperature-controlled freight across the U.S.
[BN]
The Plaintiffs are represented by:
Matthew C. Helland, Esq.
Daniel S. Brome, Esq.
NICHOLS KASTER, LLP
235 Montgomery Street, Suite 810
San Francisco, CA 94104
Tel: (415)277-7235
Fax: (415)277-7238
Emails: Helland@nka.com
dbrome@nka.com
- and -
Nicholas Conlon, Esq.
Lotus Cannon, Esq.
BROWN LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Tel: (877)561-0000
Fax: (855)582-5297
Emails: nicholasconlon@jtblawgroup.com
Lotus.cannon@jtblawgroup.com
DATALOG GEOLOGICAL: Fails to Pay OT to Geologists, Kling Claims
---------------------------------------------------------------
MATTHEW KLING, individually and on behalf of all similarly situated
persons, Plaintiff v. DATALOG GEOLOGICAL SERVICES LLC and ERNEST
FUHRMANN, Defendants, Case No. 4:20-cv-00892 (S.D. Tex., March 11,
2020) is a collective action complaint brought against Defendants
for their alleged violation of the Fair Labor Standards Act.
Plaintiff worked for Datalog Geological Services, LLC as a field
geologist from about February 2017 through February 2020 and
regularly worked over 40 hours per week.
Plaintiff alleges that Defendant did not pay him and other
similarly situated geologists many of the hours that they worked
over 40 in a week.
Ernest Fuhrmann is the owner and principal of Datalog, operates the
company on a day-to-day basis, and specifically determined the
terms and conditions of the employment of Plaintiff and other well
site geologists employed with the company.
Datalog Geological Services LLC is a Wellsite Geology and Mud
Logging service company which provides accurate data and customized
solutions to onshore based operations in Texas, Louisiana,
Oklahoma, New Mexico, Mississippi, and Alabama. [BN]
The Plaintiff is represented by:
Josef F. Buenker, Esq.
Vijay Pattisapu, Esq.
THE BUENKER LAW FIRM
2060 North Loop West, Suite 215
Houston, TX 77018
Tel: 713-868-3388
Fax: 713-683-9940
Email: jbuenker@buenkerlaw.com
vijay@buenkerlaw.com
DEL FRISCO'S: Holland Seeks OT, Off-the-Clock Work Pay for Staff
----------------------------------------------------------------
NATASHA HOLLAND, individually and on behalf of all others similarly
situated, Plaintiff v. DEL FRISCO'S GRILLE OF TENNESSEE, LLC,
Defendant, Case No. 3:20-cv-00224 (M.D. Tenn., March 13, 2020) is a
class action against the Defendant for violations of the Fair Labor
Standards Act including failing to compensate Plaintiff and all
others similarly-situated staff overtime pay for all hours worked
in excess of 40 in a week, failing to pay them for off-the-clock
work hours, and requiring them to contribute a portion of their
tips to employees who did not receive tips directly from
customers.
The Plaintiff was employed by Defendant as a server, host, and
hourly-paid assistant manager at its restaurant located at 1201
Demonbreun Street, Suite 104, Nashville, Davidson County, Tennessee
from in or around October 2016 until in or around December 2018.
Del Frisco's Grille of Tennessee, LLC is a restaurant operating
company based in Nashville, Tennessee. [BN]
The Plaintiff is represented by:
David W. Garrison, Esq.
Joshua A. Frank, Esq.
BARRETT JOHNSTON MARTIN & GARRISON LLC
Philips Plaza
414 Union Street, Suite 900
Nashville, TN 37219
Telephone: (615) 244-2202
Facsimile: (615) 252-3798
E-mail: dgarrison@barrettjohnston.com
jfrank@barrettjohnston.com
DENNIS GROSS: Gunaratna Says Collagen Product Ads "Deceptive"
-------------------------------------------------------------
MOCHA GUNARATNA, individually and on behalf of others similarly
situated, Plaintiff v. DENNIS GROSS COSMETOLOGY LLC and DENNIS
GROSS DERMATOLOGY LLC, Defendants, Case No. 2:20-cv-02311 (C.D.
Cal., March 10, 2020) is a class action against the Defendants for
violations of various consumer laws including the California
Consumers Legal Remedies Act, the California False Advertising Law,
and the California Unfair Competition Law.
The Plaintiff, on behalf of herself and all others
similarly-situated consumers, alleges that the Defendants engaged
in false advertising of the Dennis Gross C + Collagen product line,
including C + Collagen Deep Cream, C + Collagen Serum, C + Collagen
Mist, and C + Collagen Eye Cream, by claiming that the products
contain collagen. The Plaintiff and Class members would not have
purchased the products had they known that Defendants' claims as
described on the products were false, deceptive, and misleading.
Dennis Gross Cosmetology LLC is a New York-based manufacturer
and/or distributor of cosmetic products in California and the U.S.,
including the Dennis Gross C + Collagen product line.
Dennis Gross Dermatology LLC is a limited liability company
headquartered in New York that provides dermatology services. It
also manufactures and distributes cosmetics products, including the
Dennis Gross C + Collagen product line. [BN]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Matthew T. Theriault, Esq.
Celine Cohan, Esq.
CLARKSON LAW FIRM P.C.
9255 Sunset Blvd., Ste. 804
Los Angeles, CA 90069
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
mtheriault@clarksonlawfirm.com
ccohan@clarksonlawfirm.com
DEVA CONCEPTS: Faces Andrianmaniraka Suit in S.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Deva Concepts, LLC.
The case is styled as Holianna Andrianmaniraka, individually and on
behalf of others similarly situated v. Deva Concepts, LLC, doing
business as: Deva Curl, Case No. 3:20-cv-00479-CAB-WVG (S.D. Cal.,
March 12, 2020).
The nature of suit is stated as other contract.
Deva Concepts LLC manufactures hair care products. The Company
produces and markets a range products for cleaning, conditioning,
and styling curly hair.[BN]
The Plaintiff is represented by:
Nicholas Ryan Barthel, Esq.
KAZEROUNI LAW GROUP APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Fax: (800) 520-5523
Email: nicholas@kazlg.com
DIRECT BUSINESS: Has Made Unsolicited Calls, Borden Suit Claims
---------------------------------------------------------------
DAVID BORDEN, individually and on behalf of all others similarly
situated, Plaintiff v. DIRECT BUSINESS FINANCING, INC. d/b/a EMC
FINANCIAL, Defendants, Case No. Case 2:20-cv-01276-CBM-JEM (C.D.
Cal., Feb. 9,2020) seeks to stop the Defendants' practice of making
unsolicited calls.
Direct Business Financing, Inc. d/b/a EMC Financial is a
corporation organized and existing under the laws of the State of
California, offering online business financing. [BN]
The Plaintiff is represented by:
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Avenue
Dunedin, FL 34698
Telephone: (202) 709-5744
E-mail: shawn@sjlawcollective.com
- and -
Natalie Panossian-Bassler, Esq.
LAW OFFICE OF NATALIE PANOSSIAN-BASSLER
P.O. Box 464
Moorpark, CA 93021
Telephone: (805) 217-2465
E-mail: nataliebassler@gmail.com
ENOVA INTERNATIONAL: Griffin Sues over Biometric Data Collection
----------------------------------------------------------------
NIESHA GRIFFIN, individually and on behalf of all others similarly
situated, Plaintiff v. ENOVA INTERNATIONAL, INC., Defendant, Case
No. 2020CH03011 (Ill. Cir., Cook Cty., March 11, 2020) is a class
action against the Defendant for violations of the Illinois
Biometric Information Privacy Act.
According to the complaint, the Defendant required its employees,
including the Plaintiff, to scan their fingerprints on its
biometric computer system as a means of authentication and
monitoring their hours of work, which exposes them to serious and
irreversible privacy risks such as identity theft and unauthorized
tracking. The Defendant also failed to notify its employees in
writing of the specific purpose and length of time for which their
fingerprints were being collected, stored, and used, as required by
the BIPA.
Enova International, Inc. is a Chicago, Illinois-based technology
and analytics company that provides online financial services.
[BN]
The Plaintiff is represented by:
James X. Bormes, Esq.
Catherine P. Sons, Esq.
LAW OFFICE OF JAMES X. BORMES P.C.
8 S. Michigan Ave., Suite 2600
Chicago, IL 60603
Telephone: (312) 201-0575
- and -
Thomas M. Ryan, Esq.
LAW OFFICE OF THOMAS M. RYAN P.C.
35 E. Wacker Drive, Suite 650
Chicago, IL 60601
Telephone: (312) 726-3400
EVENFLO COMPANY: Alexie Sues over Defective Booster Seats
---------------------------------------------------------
The case, TALISE ALEXIE, individually and on behalf of herself and
all others similarly situated, Plaintiff v. EVENFLO COMPANY, INC.,
Defendant, Case No. 2:20-cv-00828-LMA-KWR (E.D. La., March 10,
2020) alleges Defendant of violation of Warranty against
Redhibitory Defects, unjust enrichment, and fraudulent
concealment.
According to the complaint, Defendant breached its express
warranties by selling its Booster Seats, which are in actuality not
free of defects, are unsafe for use, and cannot be used for their
ordinary purpose of protecting children in the event of a
side-impact collision.
Moreover, Defendant failed to disclose the truth regarding its
Booster Seat's side-impact safety which has direct impact on the
health of the children, failed to provide any relief to Plaintiff,
failed to provide a safe replacement Booster Seat to Plaintiff, and
failed to offer any appropriate compensation.
Evenflo Company, Inc. manufactures, markets, and sells car seats
and other baby and child-related products. [BN]
The Plaintiff is represented by:
Andrew A. Lemmon, Esq.
Scott J. Falgoust, Esq.
LEMMON LAW FIRM, L.L.C.
15058 River Road
P.O. Box 904
Hahnville, LA 70057
Tel: (985) 783-6789
Fax: (985) 783-1333
Website: https://lemmonlawfirm.com/
- and -
Gregory F. Coleman, Esq.
Jonathan B. Cohen, Esq.
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Tel: 865-247-0080
Fax: 865-522-0049
Emails: greg@gregcolemanlaw.com
jonathan@gregcolemanlaw.com
- and -
Daniel K. Bryson, Esq.
Martha Geer, Esq.
Patrick M. Wallace, Esq.
WHITEFIELD BRYSON & MASON, LLP
900 W. Morgan Street
Raleigh, NC 27603
Tel: 919-600-5000
Fax: 919-600-5035
Emails: dan@wbmllp.com
martha@wbmllp.com
pat@wbmllp.com
EVENFLO COMPANY: Williams Files Suit in District of Massachusetts
-----------------------------------------------------------------
A class action lawsuit has been filed against Evenflo Company, Inc.
The case is styled as Desinae Williams, Elise Howland, Theresa
Holliday, Individually and on behalf of all others similarly
situated v. Evenflo Company, Inc., Case No. 1:20-cv-10503-DJC (D.
Mass., March 12, 2020).
The nature of suit is stated as other fraud.
Evenflo Company, Inc. is headquartered in Boston, Massachusetts,
and principally engages in the design, research and development,
manufacturing, marketing and sale of Evenflo Baby and ExerSaucer
branded juvenile products.[BN]
The Plaintiffs are represented by:
Ian J. McLoughlin, Esq.
SAHPIRO, HABER & URMY, LLP
53 State St.
Boston, MA 02109
Phone: (617) 439-3939
Fax: (617) 439-0134
Email: imcloughlin@shulaw.com
FACEBOOK INC: Garrett et al. Sue over Workplace Safety Standards
----------------------------------------------------------------
DEBRYNNA GARRETT, ALEXANDER C. ROBERTS, TIMOTHY DIXON, JR., KONICA
RITCHIE, JESSICA YOUNG, LAMOND RICHARDSON, ANGELA CANSINO, JOHNNY
OLDEN, KATRINA EVANS, DANIEL WALKER, TODD ALEXANDER, ELTON GOULD,
LAMEKA DOTSON, NICHOLAS COLLINS, REMEAL EUBANKS, TANIA PAUL,
GABRIELLE MURRELL, and COURTNEY NELSON, individually and on behalf
of others similarly situated, Plaintiffs v. FACEBOOK, INC. and
COGNIZANT TECHNOLOGY SOLUTIONS U.S. CORPORATION, Defendants, Case
No. 20-CA-001146 (Fla. 13th Cir., March 12, 2020) is a class action
against the Defendants for violating Florida and Arizona laws.
The Plaintiffs, on behalf of themselves and all others
similarly-situated Facebook content moderators, allege that the
Defendants failed to implement workplace safety standards that can
protect them from significant psychological trauma and/or
post-traumatic stress disorder as a result of constant and
unmitigated exposure to highly toxic and extremely disturbing
images while reviewing Facebook contents as part of their jobs.
Facebook, Inc. is a social media and technology company based in
Menlo Park, California.
Cognizant Technology Solutions U.S. Corporation is a provider of
information technology services with principal place of business at
211 Quality Circle in College Station, Texas. [BN]
The Plaintiffs are represented by:
Jay P. Lechner, Esq.
LECHNER LAW
Fifth Third Center
201 E. Kennedy Blvd., Suite 412
Tampa, FL 33602
Telephone: (813) 842-7071
E-mail: jplechn@jaylechner.com
shelley@jaylechner.com
FAIR OAKS: Honeycutt Sues over Maltreatment of Cows
---------------------------------------------------
PAULA HONEYCUTT, individually and on behalf of all others
similarly-situated, Plaintiff v. FAIR OAKS FARMS FOOD, LLC,
Defendant, Case No. 2:20-cv-00099 (N.D. Ind., March 12, 2020) is a
class action against the Defendant for misleading and false
advertising and labeling of milk products.
The Plaintiff, on behalf of herself and all others
similarly-situated consumers, alleges that they purchased the
Defendant's milk products at a premium price due to its claim that
it treats its animals with high levels of care. However, the Animal
Recovery Mission, a not-for-profit animal welfare organization in
Miami Beach, Florida, revealed several instances of animal cruelty
observed toward calves and cows at the Defendant's farm. As a
result of the Defendant's false and misleading marketing, the
Plaintiff and Class members suffered significant losses.
Fair Oaks Farms Food, LLC is a manufacturer of milk products with
its principal place of business at 964 N. 600 E., Fair Oaks,
Indiana. [BN]
The Plaintiff is represented by:
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson St., Suite 1700
Chicago, IL 60604
Telephone: (312) 984-0000
Facsimile: (212) 686-0114
E-mail: malmstrom@whafh.com
- and -
Jeffrey G. Smith, Esq.
Matthew M. Guiney, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 686-0114
E-mail: smith@whafh.com
guiney@whafh.com
- and -
L. Timothy Fisher, Esq.
Yeremey Krivoshey, Esq.
Frederick J. Klorczyk III, Esq.
BURSOR & FISHER P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
ykrivoshey@bursor.com
fklorczyk@bursor.com
- and -
Scott. A. Bursor, Esq.
BURSOR & FISHER P.A.
2665 S. Bayshore Dr., Suite 220
Miami, FL 33133
Telephone: (305) 330-5512
Facsimile: (305) 676-9006
E-mail: scott@bursor.com
FCA US: Martinez Sues over Jeep Death Wobble
--------------------------------------------
MELINDA MARTINEZ, individually and on behalf of current and former
jeep vehicle owners, Plaintiff v. FCA US, LLC, Defendant, Case No.
5:20-cv-00463 (C.D. Cal., March 6, 2020) is a class action against
the Defendant for violations of various consumer laws including the
Magnuson-Moss Warranty Act, the California's Consumers Legal
Remedies Act, and Breach of Express Warranty.
According to the complaint, the Defendant manufactured and marketed
the model year 2018-2020 Jeep Wrangler and 2020 Jeep Gladiator
vehicles with a defective solid front axle and damping system that
causes the steering wheel to shake violently after encountering
common and expected road variations while operating at highway
speeds, a phenomenon also known as the Jeep Death Wobble. Moreover,
the Defendant failed to take action to remedy the defect or inform
its customers of its potential to occur despite receiving numerous
complaints about it.
FCA U.S., LLC is a manufacturer of jeep vehicles with principal
place of business at 1000 Chrysler Drive, Auburn Hills, Michigan.
[BN]
The Plaintiff is represented by:
Christopher D. Moon, Esq.
Kevin O. Moon, Esq.
MOON LAW APC
600 West Broadway, Suite 700
San Diego, CA 92101
Telephone: (619) 915-9432
Facsimile: (650) 542-8432
E-mail: chris@moonlawapc.com
kevin@moonlawapc.com
FOREST LABORATORIES: Faces Suit over Alzheimer Drug Monopoly
------------------------------------------------------------
A.F. of L. – A.G.C. BUILDING TRADES WELFARE PLAN, individually
and on behalf of all others similarly situated, Plaintiff v. FOREST
LABORATORIES, LLC, Defendant, Case No. 650896/2020 (N.Y. Sup., New
York Cty., Feb. 7, 2020) is a class action seeking damages arising
the from the Defendant's anticompetitive scheme to maintain its
monopoly over the $1.5 billion per year market for its blockbuster
Alzheimer's drug Namenda IR.
The Plaintiff alleges in the complaint that Forest engaged in a
two-part anticompetitive scheme to insulate Namenda IR from
competition from these less-expensive generic versions and preserve
its Namenda monopoly profits.
First, Forest commenced sham litigations against several generic
pharmaceutical companies each of which filed Abbreviated New Drug
Applications (ANDAs) with the FDA to manufacture, market and sell
an AB-rated generic version of Namenda IR. Forest commenced the
litigations to prevent or delay the generic companies from timely
entering the market by exploiting a provision in the Hatch-Waxman
Act under which the mere filing of these lawsuits automatically
prevented the FDA from granting final approval to these generic
manufacturers for 30 months.
A year later, Forest ended the litigations against the generic
manufacturers that posed a competitive threat by entering into
anticompetitive settlement agreements that included payments to the
generic manufacturers in exchange for promises to delay their
market entry. At least five generic companies agreed not to compete
with Forest or each other until July 11, 2015. This allowed Forest
to continue charging monopoly prices absent competition, deprived
consumers and health insurers of a less expensive generic
alternative while forcing them to purchase the higher priced
branded product. This anticompetitive conduct is antithetical to
the goals of the Hatch-Waxman Act.
Second, Forest engaged in what is known as a "product hop"—it
launched a "new product" known as Namenda XR, which had the exact
same active ingredient and therapeutic effect, and imposed a "hard
switch" by removing Namenda IR from the market.
In sum, Forest gamed the system by preventing a less expensive
generic version of Namenda IR from timely entering the market.
Forest's anticompetitive conduct: (i) delayed entry of a less
expensive, AB-rated generic versions of Namenda IR; (ii) deprived
consumers of the choice of purchasing a less expensive generic
alternative; (iii) fixed, raised, maintained or stabilized the
price of memantine hydrochloride in the United States; (iv)
allocated 100% of the United States market for memantine
hydrochloride to Forest; and (v) substantially foreclosed the most
effective means of generic competition in order to preserve a
greater share of that market after the belated launch of generic
Namenda in July 2015.
As a direct and proximate result, Forest's scheme ultimately forced
consumers, including highly vulnerable elderly Alzheimer's
patients, and health insurers to be significantly overcharged.
Forest Laboratories, LLC operates as a pharmaceutical company. The
Company develops medicines for patients suffering from diseases
principally in the central nervous system, gastroenterology,
women's health, urology, cardiovascular, respiratory, and
anti-infective therapeutic categories. Forest Laboratories serves
customers worldwide. [BN]
The Plaintiff is represented by:
Michael M. Buchman, Esq.
MOTELY RICE LLC
777 Third Avenue, 27th Floor
New York, NY 10017
Telephone: (212) 577-0040
Facsimile: (212) 577-0054
E-mail: mbuchman@motleyrice.com
GENESIS PETROLEUM: Fontenot Seeks OT Pay for Roustabouts
--------------------------------------------------------
ALEXANDER FONTENOT, individually and on behalf of others similarly
situated, Plaintiff v. GENESIS PETROLEUM SERVICES, LLC, Defendant,
Case No. 1:20-cv-00268 (W.D. Tex., March 13, 2020) is a class
action against the Defendant for violations of the Fair Labor
Standards Act by failing to compensate the Plaintiff and those
similarly situated workers overtime premiums for any hours worked
in excess of 40 per week.
The Plaintiff was employed by Defendant as a roustabout.
Genesis Petroleum Services, LLC is an oil services company that
operates in and around Kermit, Texas. [BN]
The Plaintiff is represented by:
Douglas B. Welmaker
MORELAND VERRETT PC
2901 Bee Cave Rd, Box L
Austin, TX 78746
Telephone: (512) 782-0567
Facsimile: (512) 782-0605
E-mail: doug@morelandlaw.com
GILAT SATELLITE: Comtech Deal Lacks Info, Thompson Claims
---------------------------------------------------------
JOHN THOMPSON, individually and on behalf of all others similarly
situated, Plaintiff v. GILAT SATELLITE NETWORKS LTD., DOV BAHARAV,
ELYEZER SHKEDY, DAFNA COHEN, MEIR SHAMIR, DAFNA SHARIR, AMIR OFEK,
ISHAT DAVIDI, AYLON RAFAELI, AMIRAM BOEHM, COMTECH
TELECOMMUNICATIONS CORP., and CONVOY LTD., Defendants, Case No.
1:20-cv-00339 (D. Del., March 6, 2020) is a class action complaint
brought against Defendants for their alleged violations of Sections
14(a) and 20(a) of the Securities Exchange Act of 1934 in
connection with the planned acquisition of Gilat Satellite Networks
Ltd. by Comtech Telecommunications Corp.
According to the complaint, Gilat's Board of Directors caused the
Company to enter into an agreement and merger plan with ComTech
announced on January 29, 2020, whereby stockholders will receive
$7.18 in cash and 0.08425 shares of ComTech common stock for each
of Gilat common stock they own.
Moreover, a Form S-4 Registration Statement was filed by Defendants
with the U.S. Securities and Exchange Commission on March 2, 2020
in connection with the merger. However, the Registration Statement
was false and misleading because there were omitted material
information which are important for stockholders to consider in
deciding how to vote on the plan merger.
The complaint alleges that the Registration Statement failed to
disclose:
-- the financial projections of Gilat and ComTech;
-- the analyses performed by the Company's financial advisor,
Jefferies LLC, in connection with the Proposed Transaction;
-- the terms of the engagements of the Company's additional
financial aadvisors, Alnitak & Co. Inc. and Quilty Analytics LLC;
and
-- whether the Company entered into any confidentiality
agreements that contained standstill and/or "don't ask, don't
waive" provisions that are or were preventing the counterparties
from submitting offers to acquire the Company.
Plaintiff is one of the owners of Gilat common stock.
Defendants Baharav, Shkedy, Cohen, Shamir, Sharir, Ofek, Davidi,
Rafaeli, and Boehm are all directors of Gilat.
Gilat Satellite Networks Ltd. is a provider of satellite-based
broadband communications.
Comtech Telecommunications Corp. designs, develops, produces and
markets innovative products, systems and services for advanced
communications solutions. [BN]
The Plaintiff is represented by:
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
300 Delaware Ave., Suite 1220
Wilmington, DE 19801
Tel: (302)295-5310
Fax: (302)654-7530
Emails: bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Tel: (484)324-6800
Fax: (484)631-1305
Email: rm@maniskas.com
GREATER HOUSTON: Faces Sterling Suit Over Unpaid Overtime Wages
---------------------------------------------------------------
Paul Sterling, on behalf of himself individually, and all others
similarly situated, v. GREATER HOUSTON TRANSPORTATION COMPANY,
TEXAS PARATRANSIT, INC., YELLOW CAB PARATRANSIT SERVICES, INC. and
METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, Case No.
4:20-cv-00910 (S.D. Tex., March 12, 2020), is brought against the
Defendants for violations of the Fair Labor Standards Act over
unpaid overtime wages.
According to the complaint, the Defendants required the Plaintiff
to work more than forty hours in a workweek without overtime
compensation. The Defendants misclassified the Plaintiff as
independent contractors instead of as employees. By misclassifying
them as independent contractors, the Defendants illegally denied
the Plaintiff and the proposed Class Members compensation at time
and one half their regular rates of pay for all hours worked over
40 in a workweek.
The Plaintiff was employed by the Defendants as a driver from
August 2007 to October 2018.
The Defendants provide public transportation services.[BN]
The Plaintiff is represented by:
Don J. Foty, Esq.
HODGES & FOTY, L.L.P.
4409 Montrose Blvd., Ste. 200
Houston, TX 77006
Phone: (713) 523-0001
Facsimile: (713) 523-1116
Email: Dfoty@hftrialfirm.com
- and -
Taft L. Foley, Esq.
THE FOLEY LAW FIRM
3003 South Loop West, Suite 108
Houston, TX 77054
Phone: (832) 778-8182
Fax: (832) 778-8353
Email: Taft.foley@thefoleylawfirm.com
GWR ILLINOIS: Illegally Collects Biometric Data, Allen Alleges
--------------------------------------------------------------
ASHLEY E. ALLEN, individually and on behalf of all others similarly
situated, Plaintiff v. GWR ILLINOIS PROPERTY OWNER, LLC d/b/a GREAT
WOLF LODGE ILLINOIS; GREAT LAKES SERVICES, LLC; and GREAT WOLF
RESORT HOLDINGS, INC., Defendants, Case No. 2020CH02983 (Ill. Cir.,
Cook Cty., March 11, 2020) is a class action against the Defendants
for violations of the Biometric Information Privacy Act.
According to the complaint, the Defendants required their
employees, including the Plaintiff, to scan their fingerprints in a
biometric time tracking system as a means of authentication,
instead of using only key fobs or other identification cards,
without informing in writing of the specific purpose and length of
time for which their fingerprints were being collected, stored, and
used, as required by the BIPA. The Defendants' conduct exposes
employees to serious and irreversible privacy risks such as
identity theft and unauthorized tracking.
GWR Illinois Property Owner, LLC is an indoor water park resort
owner. It is also doing business as Great Wolf Lodge Illinois.
Great Lakes Services, LLC is a resort operating company based in
Madison, Wisconsin.
Great Wolf Resort Holdings, Inc. is a Madison, Wisconsin-based
resort company that offers family-oriented suites, waterparks,
arcades, restaurants, and spa facilities. [BN]
The Plaintiff is represented by:
David Fish, Esq.
John Kunze, Esq.
Mara Baltabols, Esq.
THE FISH LAW FIRM P.C.
200 East Fifth Avenue, Suite 123
Naperville, IL 60563
Telephone: (630) 355-7590
Facsimile: (630) 778-0400
E-mail: dfish@fishlawfirm.com
kunze@fishlawfi1m.com
mara@fishlawfirm.com
docketing@fishlawfirm.com
HEARTLAND EXPRESS: Peterson Sues Over Unpaid Wages Under FLSA
-------------------------------------------------------------
A class action lawsuit has been filed against Heartland Express
Services, Inc. The case is styled as Danielle Peterson,
individually and on behalf of all similarly situated persons v.
Heartland Express Services, Inc., Case No. 1:20-cv-01142-TWT (N.D.
Ga., March 12, 2020).
The Plaintiff accuses the Defendant of violating the minimum wage
or overtime compensation provisions of the Fair Labor Standards
Act.
Heartland Express, Inc. is a short-to-medium haul truckload
carrier. The Company transports a variety of goods, including
appliances, automotive parts, paper products, retail goods, and
packaged foodstuffs.[BN]
The Plaintiff is represented by:
Justin M. Scott, Esq.
SCOTT EMPLOYMENT LAW, P.C.
246 Sycamore St., Suite 150
Decatur, GA 30030
Phone: (678) 780-4880
Email: jscott@scottemploymentlaw.com
IDAHO CENTRAL CREDIT: Faces Borjas Suit in District of Idaho
------------------------------------------------------------
A class action lawsuit has been filed against Idaho Central Credit
Union. The case is captioned as EDWIN BORJAS, individually and on
behalf of all others similarly situated, Plaintiff v. IDAHO CENTRAL
CREDIT UNION, Defendant, Case No. 4:20-cv-00065-CWD (D. Idaho, Feb.
7, 2020). The case is assigned to Judge Candy W. Dale.
Idaho Central Credit Union provides financial services. The Company
offers personal and business checking and savings accounts, visa
cards, and loans, as well as investments and planning services.
Idaho Central Credit Union serves customers in the State of Idaho.
[BN]
The Plaintiff is represented by:
John Joseph Janis, Esq.
J. Charles Hepworth, Esq.
HEPWORTH JANIS & KLUKSDAL
537 W. Bannock St.
Boise, ID 83701
Telephone: (208) 343-7510
Facsimile: (208) 342-2927
E-mail: johnjanis@aol.com
bcummings@hepworthlaw.com
JELD-WEN HOLDING: Levi & Korsinsky Reminds of Apr. 20 Deadline
--------------------------------------------------------------
Levi & Korsinsky, LLP, announces that a class action lawsuit has
commenced on behalf of shareholders of publicly-traded Jeld-Wen
Holding, Inc. (JELD). Shareholders interested in serving as lead
plaintiff have until the deadline listed to petition the court and
further details about the case can be found at the link provided.
There is no cost or obligation to you.
Jeld-Wen Holding, Inc. (JELD)
JELD Lawsuit on behalf of: investors who purchased January 26, 2017
- October 15, 2018
Lead Plaintiff Deadline: April 20, 2020
Join the action:
https://www.zlk.com/pslra-1/jeld-wen-holding-inc-loss-form?wire=3&prid=5543
Allegations: During the class period, Jeld-Wen Holding, Inc. made
materially false and/or misleading statements and/or failed to
disclose that: (1) the Company's products, including doors, did not
compete against other manufacturers on price, contrary to
Jeld-Wen's representations; (2) the market in which the Company
sells its doors is not "highly competitive" as the Company claimed;
(3) Jeld-Wen's strong margins and anticipated margin growth were
not, as the Company claimed, attributed to changes they had made in
Jeld-Wen's business operations and strategies; and (4) Jeld-Wen
failed to disclose the Company's anti competitive conduct. Because
of the foregoing, Defendants' statements about the Company's
business, operations and prospects lacked a reasonable basis.
To learn more about the Jeld-Wen Holding, Inc. class action,
contact jlevi@levikorsinsky.com.
You have until the lead plaintiff deadline to request the court
appoint you as lead plaintiff. Your ability to share in any
recovery doesn't require that you serve as a lead plaintiff.
Levi & Korsinsky is a national firm with offices in New York,
California, Connecticut, and Washington D.C. The firm's attorneys
have extensive expertise and experience representing investors in
securities litigation and have recovered hundreds of millions of
dollars for aggrieved shareholders.
Contact:
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
55 Broadway, 10th Floor
New York, NY 10006
E-mail: jlevi@levikorsinsky.com
Tel: (212) 363-7500
Fax: (212) 363-7171
Web site: http://www.zlk.com/
[GN]
KAHANS SUPERETTE: Fails to Properly Pay Wages, Benzant Claims
-------------------------------------------------------------
LUIGGY I PEREZ BENZANT, on behalf of themselves, FLSA Collective
Plaintiffs and the Class, Plaintiff v. KAHANS SUPERETTE INC., DAVID
KAHAN, and TULY KAHAN, Defendants, Case No. 1:20-cv-01277
(E.D.N.Y., March 9, 2020) is a class and collective action
complaint brought against Defendants for their alleged violations
of the Fair Labor Standards Act and the New York Labor Law.
Plaintiff was hired by Defendants as a Stock boy on or about August
2019 at Defendants' supermarket located at 317 Kingston Ave.,
Brooklyn, NY 11213.
According to the complaint, throughout his employment, Plaintiff
was scheduled to work for approximately 46 hours per week and was
required to clock out and work through his 30 minute meal break
everyday that was deducted by Defendant regardless if the break was
taken.
Moreover, Plaintiff was fired because he complained to the
Department of Labor about not getting compensated for all the hours
he worked due to Defendants wrongful and illegal policies.
Defendants David Kahan and Tuly Kahan are owners and operators of
Kahans Superette Inc., and exercise the power to fire and hire,
determine rate and method of pay, and set employee schedules.
Kahans Superette, Inc., is a corporate supermarket. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, Eighth Floor
New York, NY 10011
Tel: 212-465-1188
Fax: 212-465-1181
Website: info@leelitigation.com
KING OF TACOS: Sarmiento Seeks Unpaid Minimum Wage and OT Pay
-------------------------------------------------------------
CARLOS ALFREDO BUNAY SARMIENTO, individually and on behalf of all
others similarly situated, Plaintiff v. THE KING OF TACOS HOUSE,
INC. and JUAN FRUCTUOS RIVERA, jointly and severally, Defendants,
Case No. 1:20-cv-01301 (E..D.N.Y., March 10, 2020) is a collective
action complaint brought against Defendants for their alleged
violations of the Fair Labor Standards Act and the New York Labor
Law.
Plaintiff is a former waiter at The King of Tacos House and
regularly worked over 40 hours each week.
Plaintiff alleges that Defendant failed to pay him below statutory
minimum wage, overtime premiums for hours worked over 40 each week,
and spread-of-hours premiums when he worked in excess of 10 hours
in a given day. Also, Defendant failed to provide a wage notice
upon hiring or annually or wage statements with his weekly wage
payments.
Defendant Juan Fructuos Rivera is an owner and operator of The King
of Tacos House, Inc., and sets the company's payroll policies.
The King of Tacos House, Inc. is a restaurant for the finest in
authentic Mexican Cuisine. [BN]
The Plaintiff is represented by:
Brent E. Pelton, Esq.
Taylor B. Graham, Esq.
PELTON GRAHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Tel: (212)385-9700
Fax: (212)385-0800
Emails: pelton@peltongraham.com
KOHL'S CORP: Migyanko Sues Over Path Barriers in Stores
-------------------------------------------------------
RONALD J. MIGYANKO, individually and on behalf of all others
similarly-situated persons with mobility disability, Plaintiff v.
KOHL'S CORPORATION, d/b/a/ KOHL'S, Defendant, Case No.
2:20-cv-00328-WSS (W.D. Pa., March 6, 2020) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act.
The Plaintiff alleges that he has been repeatedly denied full and
equal access to the Defendant's retail stores due to existing
accessibility barriers in interior paths of travel. These access
barriers include but are not limited to merchandise, merchandise
displays, stocking carts, boxes and/or other items, positioned so
that they impermissibly block or narrow the aisle pathways such
that there is less than 32 inches of clearance.
Kohl's Corporation is an owner and operator of retail stores
headquartered in Menomonee Falls, Wisconsin. [BN]
The Plaintiff is represented by:
R. Bruce Carlson, Esq.
Kelly K. Iverson, Esq.
Bryan A. Fox, Esq.
CARLSON LYNCH LLP
1133 Penn Avenue, 5th Floor
Pittsburgh PA, 15222
Telephone: (412) 322-9243
E-mail: bcarlson@carlsonlynch.com
kiverson@carlsonlynch.com
bfox@carlsonlynch.com
KOMBU KITCHEN: Vergara et al. Seek Overtime Pay for Cooks
---------------------------------------------------------
The case, MA DE JESUS VERGARA, PAHOLA RAMOS, and ROBERTO REYES,
individually and on behalf of all others similarly-situated v.
KOMBU KITCHEN SF, LLC; KEVEN THIBEAULT; KRISTEN N. THIBEAULT;
ALFONSO VENTURA; and DOES 1 through 20, Defendants, Case No.
RG20057449 (Cal. Super., Alameda Cty., March 6, 2020), arises from
the Defendants' violations pursuant to the California Labor Code,
the California Business and Professions Code, and the California
Code of Civil Procedure including failure to pay minimum wages and
overtime wages, failure to provide required meal and rest periods,
and failure to reimburse necessary business expenditures.
The Plaintiffs were employed by the Defendants as prep and line
cooks.
Kombu Kitchen SF, LLC is a warehouse and kitchen operator located
in the City of Oakland, California. [BN]
The Plaintiff is represented by:
Stans S. Mallison, Esq.
Hector R. Martinez, Esq.
Leanna M. Sac, Esq.
MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
Oakland, CA 94612-3547
Telephone: (510) 832-9999
Facsimile: (510) 832-1101
E-mail: StanM@TheMMLawFinn.com
HectorM@TheMMLawFirm.com
LMSac@TheMMLawFirm.com
KS STATEBANK: Faces Saliba Suit Over Telemarketing Practices
------------------------------------------------------------
The case, Ricci Saliba, individually and on behalf of all others
similarly situated, Plaintiff, v. KS Statebank Corporation,
Defendant, Case No. 2:20-cv-00503-JAT (D. Ariz., March 10, 2020)
arises from the Defendant's knowing and willful violations of the
Telephone Consumer Protection Act.
According to the complaint, the Defendant engages in unsolicited
telemarketing directed towards prospective customers with no regard
for consumers' privacy rights. The telemarketing consists of
automated text messages to consumers soliciting them to purchase
its goods and/or services.
The Defendant caused thousands of text messages to be sent to the
cellular telephones of Plaintiff and Class Members, causing them
injuries, including invasion of their privacy, aggravation,
annoyance, intrusion on seclusion, trespass, and conversion.
KS Statebank Corporation provides banking services and solutions in
Manhattan, Kansas. [BN]
The Plaintiff is represented by:
Ignacio J. Hiraldo, Esq.
IJH LAW
1200 Brickell Ave Suite 1950
Miami, FL 33131
Telephone: 786.469.4496
Email: ijhiraldo@ijhlaw.com
– and –
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E. Las Olas Boulevard, Suite 120 Ft.
Lauderdale, FL 33301
Telephone: (954) 533-4092
Email: meisenband@Eisenbandlaw.com
LAKE TROUT: Robinson Seeks Unpaid Wages for Restaurant Staff
------------------------------------------------------------
CLIFFORD B. ROBINSON, JR., individually and on behalf of others
similarly situated, Plaintiff v. LAKE TROUT LLC; SAINT ANSELM INC.;
FETTE SAU LLC; and SPUYTEN DUYVIL LLC, Defendants, Index No.
505867/2020 (Supreme Court of the State of New York County of
Kings, March 9, 2020) is a class action against the Defendants for
violations of the Fair Labor Standards Act and the New York Labor
Law.
The Plaintiff, on behalf of himself and all others
similarly-situated tipped restaurant employees, alleges that the
Defendants failed to compensate at the proper minimum wage rate,
failed to provide proper annual wage notices, and failed to comply
with tip credit application to hourly wage.
The Plaintiff was employed by Defendants as a restaurant busser
from in or about July 2011 until on or around December 6, 2018.
Lake Trout LLC is a restaurant operator that conducts business in
New York.
Saint Anselm Inc. is a Brooklyn, New York-based restaurant
operating company.
Fette Sau LLC is a restaurant operator located in Brooklyn, New
York.
Spuyten Duyvil LLC is a New York restaurant company. [BN]
The Plaintiff is represented by:
Brian S. Schaffer, Esq.
Frank J. Mazzaferro, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
LEMONT GROVE ADVISORS: Faces Green Suit Alleging BIPA Violations
----------------------------------------------------------------
Patricia Ann Green, individually and on behalf of all similarly
situated individuals v. LEMONT GROVE ADVISORS, L.L.C., a Delaware
limited liability company, Case No. 2020CH03014 (Ill. Cir., Cook
Cty., March 11, 2020), is brought against the Defendant for its
violations of the Illinois Biometric Information Privacy Act, and
to obtain redress for persons injured by its conduct.
According to the complaint, prior to taking the Plaintiff's
biometrics, the Defendant did not inform the Plaintiff in writing
that the Plaintiff's biometrics were being collected, stored, used,
or disseminated, or publish any policy specifically about the
collection, retention, use, deletion, or dissemination of
biometrics. The Defendant did not seek, and the Plaintiff never
provided, any written consent relating to the collection, use,
storage, or dissemination of Plaintiffs biometrics. The Defendant
also did not make publicly available any written policy as to its
biometric retention schedule, nor did the Defendant disclose any
guidelines for permanently destroying the collected biometrics.
The Defendant also did not obtain consent from the Plaintiff for
any dissemination of the Plaintiff's biometrics to third parties.
To this day, the Plaintiff is unaware of the status of the
biometrics obtained by the Defendant. The Defendant has not
informed the Plaintiff whether it still retains the Plaintiff's
biometrics, and if it does, for how long it intends to retain such
information without the Plaintiff's consent. By failing to comply
with BIPA, the Defendant has violated the Plaintiff's substantive
state rights to biometric privacy, says the complaint.
Plaintiff Patricia Ann Green has been a resident and a citizen of
the state of Illinois and DuPage County.
The Defendant is an owner and operator of grocery stores in the
state of Illinois.[BN]
The Plaintiff is represented by:
Andrew T. Heldut, Esq.
Timothy P. Kingsbury, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Fl.
Chicago, IL 60601
Phone: (312) 893-7002
Email: aheldut@mcgpc.com
tkingsbury@mcgpc.com
LIBERTY ENERGY: McCord Sues Over Unpaid Overtime Pay Under FLSA
---------------------------------------------------------------
Karl McCord, Individually and on Behalf of All Others Similarly
Situated v. LIBERTY ENERGY SERVICES, LLC and SAFETY MANAGEMENT
SYSTEMS, LLC, Case No. 7:20-cv-02171 (S.D.N.Y., March 11, 2020), is
brought against the Defendants for their violations of the Fair
Labor Standards Act and the New York Labor Law.
According to the complaint, the Defendants knowingly and
deliberately failed to compensate the Plaintiff at the rate of time
and one half their regular rate of pay for all hours worked over 40
in a workweek. The Defendants violated the FLSA by misclassifying
the Plaintiff as exempt from overtime. Likewise, the Defendants
failed to pay overtime wages, additional wages for working more
than 10 hours in a single day, failed to provide accurate and
timely notice upon hire, failed to issue wages on a weekly basis as
opposed to on a bi-weekly basis, and provided pay statements that
were inaccurate, in violation of the NYLL.
The Plaintiff worked for the Defendants from March 2017 to October
2017 as an inspector.
The Defendants operate in the oil and gas industry and perform
inspection services.[BN]
The Plaintiff is represented by:
Don J. Foty, Esq.
HODGES & FOTY, L.L.P.
4409 Montrose Blvd., Ste. 200
Houston, TX 77006
Phone: (713) 523-0001
Facsimile: (713) 523-1116
Email: Dfoty@hftrialfirm.com
LOWE'S COMPANIES: Faces Gerber et al. Suit over Unpaid Overtime
---------------------------------------------------------------
DANIEL GERBER and STEPHANIE SUAZO, individually and on behalf of
all others similarly situated, Plaintiffs v. LOWE'S COMPANIES, INC.
and LOWE'S HOME CENTERS, LLC, Defendants, Case No. 2:20-cv-02773
(D.N.J., March 13, 2020) is a class action against the Defendants
for failure to compensate Plaintiffs and all others similarly
situated employees overtime pay for hours worked over 40 in a week
and off-the-clock work hours as mandated by the New Jersey Wage and
Hour Laws and Regulations and the New Jersey Wage Payment Law.
Plaintiff Gerber was employed by Defendant as a service manager at
W. Windsor Lowe's store located at 3540 Brunswick Pike, Princeton,
New Jersey from January 2017 until June 2019.
Plaintiff Suazo was employed by Defendant as a support manager at
North Bergen Lowe's store located at 7801 Tonnelle Ave., North
Bergen, New Jersey from February 2017 until September 2017.
Lowe's Companies, Inc. is a Mooresville, North Carolina-based
retail company. It operates a chain of retail stores in the United
States, Canada, and Mexico.
Lowe's Home Centers LLC is a retailer of home improvement, building
materials, and home appliances. It is headquartered at 1605 Curtis
Bridge Road Wilkesboro, North Carolina. [BN]
The Plaintiffs are represented by:
Jason T. Brown, Esq.
Nicholas Conlon, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
Facsimile: (855) JTB-LAWS
E-mail: jtb@jtblawgroup.com
nicholasconlon@jtblawgroup.com
- and -
Kevin J. Stoops, Esq.
Elaina S. Bailey, Esq.
SOMMERS SCHWARTZ P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
ebailey@sommerspc.com
MGP INGREDIENTS: Robbins Geller Files Class Action Suit
-------------------------------------------------------
Robbins Geller Rudman & Dowd LLP
(https://www.rgrdlaw.com/cases-mgp-class-action-lawsuit.html)
announced that it filed a class action seeking to represent
purchasers of MGP Ingredients, Inc. (NASDAQ:MGPI) common stock
during the period between February 27, 2019 and February 25, 2020
(the "Class Period"). This action was filed in the District of
Kansas and is captioned Corbezzolo v. MGP Ingredients, Inc., et
al., No. 20-cv-02090.
The Private Securities Litigation Reform Act of 1995 permits any
investor who purchased MGP common stock during the Class Period to
seek appointment as lead plaintiff in the MGP class action lawsuit.
A lead plaintiff acts on behalf of all other class members in
directing the MGP class action lawsuit. The lead plaintiff can
select a law firm of its choice to litigate the MGP class action
lawsuit. An investor's ability to share in any potential future
recovery of the MGP class action lawsuit is not dependent upon
serving as lead plaintiff. If you wish to serve as lead plaintiff
in the MGP class action lawsuit, you must move the Court no later
than 60 days from today. If you wish to discuss the MGP class
action lawsuit or have any questions concerning this notice or your
rights or interests, please contact plaintiff's counsel,
Brian E. Cochran
Robbins Geller
Tel: 800/449-4900
619/231-1058
E-mail: bcochran@rgrdlaw.com
You can view a copy of the complaint as filed at
https://www.rgrdlaw.com/cases-mgp-class-action-lawsuit.html.
The MGP class action lawsuit charges MGP and certain of its
officers with violations of the Securities Exchange Act of 1934.
MGP is a producer and supplier of premium distilled spirits and
specialty wheat protein and starch food ingredients. Distilled
spirits include premium bourbon and rye whiskeys and grain neutral
spirits, including vodka and gin. MGP is also a top producer of
high quality industrial alcohol for use in both food and non-food
applications.
Beginning in 2015, instead of selling its whiskey as an unaged new
distillate, which was then barreled and aged by its customers, MGP
started storing significant amounts of barreled distillate that it
could later sell as aged whiskey. After four years of aging, the
Company was expected to commence selling this aged whiskey in 2019
at three times the price of unaged whiskey.
The complaint alleges that during the Class Period, defendants made
false and misleading statements and/or failed to disclose adverse
information concerning MGP's business and financial condition.
Specifically, defendants failed to disclose that MGP had not
completed any significant sales of its aged whiskey inventory, the
Company had been unable to sell its aged whiskey at the price
premium represented to investors, a glut of aged whiskey inventory
and shifts in consumer behavior had lowered the value of the
Company's aged whiskey inventory and materially impaired its
ability to negotiate significant sales on favorable contract terms,
and as a consequence, defendants' full-year 2019 financial guidance
lacked a reasonable basis and was materially misleading. As a
result of this information being withheld from the market, the
price of MGP common stock was artificially inflated to a high of
more than $88 per share during the Class Period.
On May 1, 2019, defendants announced MGP's first quarter 2019
financial results, including "lighter" than consensus results due
to "lower volumes" in sales of aged whiskey, but claimed that MGP
was experiencing favorable demand and pricing trends and
"confidently confirm[ed]" the Company's guidance for the remainder
of the year. On this news, the price of MGP stock declined nearly
23%. On July 31, 2019, defendants announced weak second quarter
2019 financial results, again due to poor sales of aged whiskey. In
addition, defendants affirmed MGP's net sales growth guidance, but
revised downward their guidance for operating income growth. On
this news, the price of MGP stock declined more than 25%. On
October 31, 2019, defendants announced disappointing third quarter
2019 financial results, again due to poor whiskey sales, and blamed
the failure to transact aged whiskey sales on customer delays and
"funding issues," but reiterated that MGP remained on track to
achieve its revised full-year 2019 guidance. Following these
disclosures, the Company's stock price declined nearly 12%.
On January 17, 2020, the Company announced its preliminary
full-year 2019 financial results, which significantly missed the
guidance defendants had reiterated with just two months to go in
the year. Following these disclosures, the price of MGP stock
declined more than 27% to close at $38.18 per share on January 17,
2020. Then, on February 26, 2020, the Company announced its
finalized full-year 2019 financial results, confirming its
previously announced preliminary results, including that it had
fallen "significantly short of . . . guidance" due to its failure
to sell aged whiskey during the fourth quarter of 2019. The Company
also revealed that aged whiskey sales had declined year over year
and that it had failed to secure the contracts it had previously
highlighted to investors. On this news, the price of MGP stock
declined 11% to close at $28.42 per share on February 26, 2020,
which represented a 67% price decline from the stock's Class Period
high of $88.06 per share.
The plaintiff is represented by Robbins Geller, which has extensive
experience in prosecuting investor class actions including actions
involving financial fraud.
Robbins Geller Rudman & Dowd LLP is one of the world's leading law
firms representing investors in securities litigation. With 200
lawyers in 9 offices, Robbins Geller has obtained many of the
largest securities class action recoveries in history. For six
consecutive years, ISS Securities Class Action Services has ranked
the Firm in its annual SCAS Top 50 Report as one of the top law
firms in the world in both amount recovered for shareholders and
total number of class action settlements. Robbins Geller attorneys
have helped shape the securities laws and have recovered tens of
billions of dollars on behalf of aggrieved victims. Beyond securing
financial recoveries for defrauded investors, Robbins Geller also
specializes in implementing corporate governance reforms, helping
to improve the financial markets for investors worldwide. Robbins
Geller attorneys are consistently recognized by courts,
professional organizations and the media as leading lawyers in the
industry. Please visit http://www.rgrdlaw.comfor more information.
[GN]
MIDLAND CREDIT: Helsel FCRA Suit Removed to W.D. Pennsylvania
-------------------------------------------------------------
The class action case captioned as KIMBERLY HELSEL, individually
and on behalf of all others similarly situated v. MIDLAND CREDIT
MANAGEMENT, INC., Case No. 46-02019, was removed from the
Pennsylvania Court of Common Pleas, Bedford County, to the U.S.
District Court for the Western District of Pennsylvania (Johnstown)
on Feb. 17, 2020.
The Western District of Pennsylvania Court Clerk assigned Case No.
3:20-cv-00026-SLH to the proceeding. The case is assigned to the
Hon. Judge Stephanie L. Haines.
The lawsuit alleges violation of the Fair Credit Reporting Act.
Midland Credit is a debt collection agency that helps consumers pay
off overdue debts.[BN]
The Plaintiff is represented by:
Ari H. Marcus, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Telephone: (732) 695-3282
Facsimile: (732) 298-6256
E-mail: ari@marcuszelman.com
The Defendant is represented by:
Lauren M. Burnette, Esq.
MESSER STRICKLER, LTD.
12276 San Jose Blvd., Suite 718
Jacksonville, FL 32223
Telephone: (904) 527-1172
Facsimile: (904) 683-7353
E-mail: lburnette@messerstrickler.com
MINI STORAGE: Romero Sues Over Unlawful Use of Biometric Data
-------------------------------------------------------------
Mitchell Pierre Romero, individually and on behalf of all similarly
situated individuals v. MINI STORAGE MAINTENANCE, LLC, an Illinois
limited liability company, Case No. 2020CH03021 (Ill. Cir., Cook
Cty., March 11, 2020), is brought against the Defendant for its
violations of the Illinois Biometric Information Privacy Act, and
to obtain redress for persons injured by its conduct.
According to the complaint, prior to taking the Plaintiff's
biometrics, the Defendant did not inform the Plaintiff in writing
that the Plaintiff's biometrics were being collected, stored, used,
or disseminated, or publish any policy specifically about the
collection, retention, use, deletion, or dissemination of
biometrics. The Defendant did not seek, and the Plaintiff never
provided, any written consent relating to the collection, use,
storage, or dissemination of Plaintiffs biometrics. The Defendant
also did not make publicly available any written policy as to its
biometric retention schedule, nor did the Defendant disclose any
guidelines for permanently destroying the collected biometrics.
The Defendant also did not obtain consent from the Plaintiff for
any dissemination of the Plaintiff's biometrics to third parties.
To this day, the Plaintiff is unaware of the status of the
biometrics obtained by the Defendant. The Defendant has not
informed the Plaintiff whether it still retains the Plaintiff's
biometrics, and if it does, for how long it intends to retain such
information without the Plaintiff's consent. By failing to comply
with BIPA, the Defendant has violated the Plaintiff's substantive
state rights to biometric privacy, says the complaint.
Plaintiff Mitchell Pierre Romero has been a resident and a citizen
of the state of Illinois and Cook County.
The Defendant is a supplier and installer of steel structures and
roofing for the self-storage industry with operations in the state
of Illinois.[BN]
The Plaintiff is represented by:
Timothy P. Kingsbury, Esq.
Andrew T. Heldut, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Fl.
Chicago, IL 60601
Phone: (312) 893-7002
Email: tkingsbury@mcgpc.com
aheldut@mcgpc.com
MONDELEZ GLOBAL: Benzion Seeks OT Pay for Sales Service Officers
----------------------------------------------------------------
The case, GLENN BENZION, and all other similarly situated under 29
U.S.C. Sec. 216(b), Plaintiff v. MONDELEZ GLOBAL, LLC, Defendant,
Case No. 0:20-cv-60508-RS (S.D. Fla., March 9, 2020) arises from
Defendant's alleged violation of the Fair Labor Standards Act.
According to the complaint, Defendant employed hundreds of Sales
Service Representatives, including Plaintiff, throughout the U.S.
to perform merchandising and servicing the already existing
accounts for Defendant. Plaintiff began working with Defendant in
July 1999 and ceased on February 3, 2020, when Plaintiff elected to
take retirement after serving the company for over 20 years.
The complaint alleges that Plaintiff and all others similarly
situated Sales Service Representatives were not properly
compensated by Defendant because of its company-wide policy and
mandate which required them to work at least 38.5 hours in the
field alone plus an additional 2.5 hours follow up administrative
work per week which they performed at home, off-the-clock, and
without pay.
Mondelez Global, LLC is a global snack food company that provides
goods and products to over one hundred fifty countries throughout
the world. [BN]
The Plaintiff is represented by:
Joshua H. Eggnatz, Esq.
Michael J. Pascucci, Esq.
EGGNATZ|PASCUCCI
7450 Griffin Road, Suite 230
Davie, FL 33314
Tel: (954)889-3359
Emails: jeggbatz@JusticeEarned.com
MPascucci@JusticeEarned.com
- and -
Jordan Richards, Esq.
USA EMPLOYMENT LAWYERS –
JORDAN RICHARDS, PLLC
805 E. Broward Blvd., Suite 301
Fort Lauderdale, FL 33301
Tel: (954)871-0050
Emails: Jordan@jordanrichardspllc.com
NATIONAL CONTRACT: Naiman Sues over Unsolicited Telephone Calls
---------------------------------------------------------------
The case, SID NAIMAN, individually and on behalf of all others
similarly situated, Plaintiff v. NATIONAL CONTRACT SOLUTIONS, INC.,
and DOES 1 through 10, inclusive, and each of them, Defendant, Case
No. 2:20-at-00251 (E.D. Cal., March 11, 2020) arises from
Defendant's alleged negligent and willful violations of the
Telephone Consumers Protection Act.
According to the complaint, after being on the National Do-Not-Call
list for several years prior to this, Plaintiff begun receiving
multiple calls in his cellular telephone number ending in -6443
from telephone numbers 925-324-9930 and 404-566-9026, confirmed to
be Defendant's numbers, seeking to solicit its services by using an
"automatic telephone dialing system" or an artificial or
prerecorded voice and without "prior express consent" from
Plaintiff to receive such calls beginning in or around August
2019.
The complaint asserts that Defendant failed to establish and
implement reasonable practices and procedures to effectively
prevent telephone solicitations, thereby violating 47 U.S. Code
Sec. 227(c)(5).
Plaintiff seeks damages and any other available legal or equitable
remedies.
National Contract Solutions, Inc. is a timeshare company. [BN]
The Plaintiff is presented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Tel: 877-619-8966
Fax: 866-633-0228
Emails: tfriedman@toddflaw.com
abacon@toddflaw.com
NCAA: Fails to Protect Student-Athletes, Aldrich et al. Claim
-------------------------------------------------------------
ERIN ALDRICH, LONDA BEVINS, and JESSICA JOHNSON, individually and
on behalf of others similarly situated, Plaintiffs v. NATIONAL
COLLEGIATE ATHLETIC ASSOCIATION; THE BOARD OF GOVERNORS OF THE
NATIONAL COLLEGIATE ATHLETIC ASSOCIATION; and JOHN REMBAO,
Defendants, Case No. 5:20-cv-01733-NC (N.D. Cal., March 11, 2020)
is a class action against the Defendants for various violations
including gross negligence, breach of fiduciary duty, and breach of
contract.
The Plaintiffs, on behalf of themselves and all others
similarly-situated, allege that the Defendants failed to protect
the physical and educational well-being of student-athletes by
neglecting to implement or enforce rules prohibiting sexual abuse,
harassment, or relations between NCAA coaches and student-athletes.
The Plaintiffs claim that Coach John Rembao was able to sexually
abuse them and other student-athletes due to the failure of NCAA to
implement such controls.
National Collegiate Athletic Association (NCAA) is an
unincorporated association that acts as the governing body of
college sports. It is located in Indianapolis, Indiana. [BN]
The Plaintiffs are represented by:
Jonathan D. Selbin, Esq.
Annika K. Martin, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: jselbin@lchb.com
akmartin@lchb.com
- and -
Elizabeth A. Fegan, Esq.
FEGAN SCOTT LLC
150 S. Wacker Dr., 24th Floor
Chicago, IL 60606
Telephone: (312) 741-1019
Facsimile: (312) 264-0100
E-mail: beth@feganscott.com
- and -
Lynn A. Ellenberger, Esq.
FEGAN SCOTT, LLC
500 Grant St., Suite 2900
Pittsburgh, PA 15219
Telephone: (412) 515-1529
Facsimile: (412) 785-2400
E-mail: lynn@feganscott.com
NMC HEALTH: Hashem et al. Sue over Misleading Annual Report
-----------------------------------------------------------
CHRIS HASHEM, individually and on behalf of all others similarly
situated, Plaintiff v. NMC HEALTH PLC; PRASANTH MANGHAT; KHALIFA
BIN BUTTI; PRASHANTH SHENOY; H. J. MARK TOMPKINS; and B. R. SHETTY,
Defendants, Case No. 2:20-cv-02303 (C.D. Cal., March 10, 2020) is a
class action against the Defendants for violations of the federal
securities laws under the Securities Exchange Act of 1934.
According to the complaint, the Defendants issued false and
misleading statements on NMC's Annual Report and Accounts,
particularly about the company's strong financial condition, strong
risk management, organic expansion and acquisitions, which caused
the Plaintiff and all others similarly-situated individuals to
purchase NMS securities at inflated market prices.
NMC Health PLC is a provider of health services in the field of
gynecology, obstetrics, and human reproduction; and management
services to hospitals, as well as retail pharmaceutical goods. The
company is headquartered at Devonshire House, Level 1 One Mayfair
Place in London, England. [BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
E-mail: lrosen@rosenlegal.com
NYC HOUSING: Tenants File Suit Over 'Deplorable Conditions'
-----------------------------------------------------------
Valeria Ricciulli, writing for Curbed New York, reports that a
coaltion of tenants of NYCHA Taft Houses has filed a class action
lawsuit against the embattled housing authority, detailing neglect
and "substandard living conditions."
Filed in Brooklyn's New York State Supreme Court, the complaint
cites tenants' experiences going without gas or a stove for months,
living with invasive mold, insect and rodent infestations, as well
as persistent elevator outages, which "trap physically challenged
or wheelchair-bound NYCHA tenants in their apartments," says a
statement from Berg & Androphy, the law firm representing the
public housing tenants.
The lawsuit seeks monetary damages and rent abatements for
residents who are often pushed to spend out of their own pockets
for basic services that NYCHA should be legally providing, such as
equipment to cook with when there's no gas and traps to deal with
infestations. The case comes after a 2018 lawsuit brought by
Manhattan federal prosecutors exposed the agency's attempts to
cover-up poor living conditions; which culminated, as part of a
settlement, in a 2019 partial federal takeover.
"NYCHA has breached its contracts with its tenants and acted with
an appalling lack of care, ethics, and empathy," Jenny Kim, a
partner at Berg & Androphy, said in a statement. "It is well past
time to hold the agency accountable." [GN]
OCEAN SPRAY: $5.4-Mil. Deal Reached in "No Artificial Flavors" Suit
-------------------------------------------------------------------
A proposed settlement has been reached in a class action lawsuit
involving Ocean Spray Cranberries, Inc. The settlement establishes
a $5,400,000 settlement fund. Class members may be eligible for
cash payments of up to $20 per household.
On Jan. 31, 2020, the United States District Court for the Southern
District of California, Judge Gonzalo P. Curiel, preliminarily
approved a settlement of a lawsuit between Ocean Spray and
purchasers of certain Ocean Spray(R) beverages. The lawsuit
alleged that certain Ocean Spray(R) product labels claiming "No
Artificial Flavors" are false and misleading because the Products
contain the ingredients dl-malic acid and/or fumaric acid, which
the plaintiffs assert function as artificial flavors. Ocean Spray
denies the allegations and any wrongdoing as those ingredients do
not function as flavors in the Products. To avoid the expense and
distraction of continued litigation, the parties have reached a
settlement.
The proposed class settlement will establish a settlement fund
$5,400,000 to pay class member claims, notice, administration,
plaintiffs' incentive awards, and legal expenses and attorneys'
fees.
You may be a member of the Settlement Class if you are a citizen
and resident of the United States who purchased one or more of the
Products during the Class Period (i.e., January 1, 2011 to January
31, 2020) in your respective state of citizenship. The Products
must have been purchased for personal or household use and not for
resale or distribution.
Products include in the settlement include the following Ocean
Spray beverage products:
Cran-Apple, Cran-Grape, "100% Apple" Juice Drink, Cran-Raspberry,
WaveApple with White Cranberries, WaveBerry Medley, Cran-Cherry,
Cran-Pineapple, Cran-Pomegranate, Diet Cran-Pomegranate, Diet
Cran-Cherry, 100% Juice Cranberry Cherry Flavor, Cran-Strawberry,
Diet Blueberry, Diet Cranberry with Lime, Cran-Lemonade, Classic
Tea White Cranberry Peach, Cran-TeaWhite Cranberry Peach, Classic
Tea Cranberry, Cran-TeaCranberry, 100% Premium Juice Cranberry
Apple, 100% Cranberry Concord Grape, 100% Juice Cranberry
Raspberry, 100% Juice Cranberry Pomegranate, 100% Juice Tropical
Citrus Fruit & Vegetable, Light Tropical Citrus Fruit & Vegetable,
100% Juice Cranberry Pomegranate Blueberry Fruit & Vegetable, Pink
Cranberry Passionfruit Juice Drink, 100% Juice Cranberry Mango,
Pink Lite Cranberry Juice Drink, Light Cran-Mango, Pink Cranberry
Juice Drink, Pink Lite Cranberry Juice Drink, Pink Cranberry Juice
Drink, Ruby Pomegranate, Diet Cran-Tea, 100% Juice Cranberry
Pineapple, Diet Cran-Pineapple, Mocktails Tropical Citrus,
Cran-America, Pink Cranberry Juice Drink, Cranharvest Cranberry
Apple Cider, Diet Cran-Raspberry, Diet Cran-Apple, Diet Cranberry,
Diet Cran-Grape, Cranberry Cranenergy, Diet Ruby Red, New Light 50
Cranberry Grape, Sparkling Citrus Tangerine, Cranenergy Sparkling
Diet Cranberry, Ruby Cherry, Cherry Juice Cocktail,
CranenergySparkling Cranberry, Sparkling Pink Cranberry Juice
Drink, Pom Blue Sparkling Beverage, Sparkling Cranberry, Diet Pom
Blue Sparkling Beverage, Sparkling Diet Cranberry, Sparkling
Cran-Raspberry, Sparkling Cran-Grape, Diet Cran-Lemonade,
Cran-Mango, Ruby Cranberry, 100% Citrus Tangerine Orange, 100%
Citrus Mango Pineapple, Cran-TropicalJuice Drink, Light Cranberry
Apple, Diet Cran-Mango, Light Ruby Red, Blueberry Juice Cocktail,
Blueberry Pomegranate, Diet Blueberry Pomegranate, Light
Cran-Pomegranate, Raspberry Cranenergy, New Light 50 Cranberry
Raspberry, Pomegranate Cranenergy, Wave Mango Pineapple, & Diet
Cran-Blackberry.
Claimants who submit a timely and valid claim will receive $1.00 in
cash from the Settlement Fund per bottle of Product purchased (any
size) during the Class Period, up to 20 bottles, limited to one
claim per household (total payable per household in no event to
exceed $20, unless distribution is increased as described below).
Claims can be submitted online at the class website
www.NoArtificialFlavorsLitigation.com. Claims must be submitted by
July 10, 2020. Class members may request to be excluded from the
class ("opt out" of the settlement), comment on the settlement, or
object to the settlement, but must do so by July 1, 2020. Class
members who do nothing will not receive any payment and will bound
by the Court's decision.
If the total amount of eligible claims exceeds the Settlement Fund,
then each claimant's award will be proportionately reduced. If
there is any remaining cash amount in the Settlement Fund after
payment of all claims, costs, and fees, the settlement
administrator will divide it equally among the authorized claimants
and will pay each authorized claimant his or her proportionate
share of the remaining cash amount.
Within 12 months after the Final Approval Effective Date, Ocean
Spray will discontinue manufacturing the Products that contain the
artificial versions of malic acid and/or fumaric acid as an
ingredient with labels that contain the claim "no artificial
flavors," provided Ocean Spray will be permitted to exhaust
existing label stock purchased, printed, or ordered prior to the
Final Approval Effective Date.
Your rights and options - and the deadlines to exercise them - are
only summarized in this press release. It is only a summary of the
full class action settlement. A Long Form Notice describes, in
full, how to file a claim, object, or exclude yourself, and
provides other important information. For more information and to
obtain a Long Form Notice, claim form or other documents, visit
www.NoArtificialFlavorsLitigation.com. You may also contact:
No Artificial Flavors Litigation
c/o Classaura Class Action Administration
1718 Peachtree St #1080, Atlanta, GA 30309
Tel: 1-855-873-3742
Email: Contact@NoArtificialFlavorsLitigation.com
[GN]
OPH KENDALL: Faces Longhini ADA Suit in Miami-Dade, Florida
-----------------------------------------------------------
DOUG LONGHINI, individually and on behalf of all others similarly
situated, Plaintiff v. OPH KENDALL REALTY, L.C.; and TOTAL SUNSET
OWNER'S ASSOCIATION, INC., Defendants, Case No. 102942805 (Fla.
Cir., Miami-Dade Cty., Feb. 7, 2020) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendants failed
to provide accessible facilities in their property which are
suitable to persons using a wheelchair to ambulate. When the
Plaintiff visited the Defendants' Commercial Center Properties, the
Plaintiff cannot fully access the Defendants' facilities using his
wheelchair. During the visit, the Plaintiff encountered multiple
violations of the Americans with Disabilities Act (ADA) that
directly affected his ability to use and enjoy the facilities.
OPH Kendall Realty, L.C. is a Florida limited liability company
offering property management services.
The Plaintiff is represented by:
Anthony J. Perez, Esq.
GARCIA-MENOCAL & PEREZ, P.L.
4937 S.W. 74th Court, No. 3
Miami, FL 33155
Telephone: (305) 553-3464
Facsimile: (305) 553-3031
E-mail: ajperezlaw@gmail.com
PRICELINE.COM: Records Private Phone Conversation, Collins Alleges
------------------------------------------------------------------
RUTH COLLINS, individually and on behalf of all others similarly
situated, Plaintiff v. PRICELINE.COM LLC, and DOES 1-20, inclusive,
Defendants, Case No. 2:20-cv-02306 (C.D. Cal., March 10, 2020) is a
class action complaint brought against Defendant for its alleged
violations of the California Penal Code Sections 632 and 632.7.
According to the complaint, Defendant made a recording of the call,
without informing Plaintiff beforehand, when it contacted Plaintiff
via telephone on or about July 2019 regarding a Complaint filed by
Plaintiff against Defendant with the Better Business Bureau, which
is confidential in nature and private and sensitive subjects were
discussed. Plaintiff learned about the recording until after the
event occurred and near the end of the call.
The complaint asserts that Plaintiff and the members of the Class
were harmed by the acts of Defendants.
California Penal Code Sec. 6632 prohibits one party to a telephone
call from intentionally recording the conversation without the
knowledge or consent of the other party.
Plaintiff seeks damages, injunctive relief, and any other available
legal or equitable remedies.
Priceline.com LLC is an online travel agency for finding discount
rates for travel-related purchases such as airline tickets and
hotel stays. [BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 W Oxnard St #780,
Woodland Hills, CA 91367
Tel: (323)306-4234
Fax: (866)633-0228
Emails: tfriedman@toddflaw.com
abacon@toddflaw.com
PRIME CARE: Abante Rooter Sues over Unsolicited Phone Calls
-----------------------------------------------------------
ABANTE ROOTER AND PLUMBING, individually and on behalf of all
others similarly situated, Plaintiff v. PRIME CARE HEALTH INC; Does
1 through 10, inclusive, Defendants, Case No. 3:20-cv-01747-JCS
(N.D. Cal., March 11, 2020) is a class action complaint brought
against Defendant for its alleged negligent and willful violations
of the Telephone Consumer Protection Act.
According to the complaint, in an effort to sell or solicit its
services, Defendant begun contacting Plaintiff on his cellular
telephone (510) 385-7447 on or around May 30, 2018 by using an
"automatic telephone dialing system" or an "artificial or
prerecorded voice" and without "prior express consent" from
Plaintiff to receive such calls from Defendant.
The complaint asserts that Plaintiff and members of the Class were
harmed by the acts of Defendant such as invasion of privacy and
having to incur certain telephone charges.
Plaintiff seeks treble damages up to $1,500 for each and every
violation pursuant to 47 U.S. Code Sec. 227(b)(3)(B) and 47 U.S.
Code Sec. 227(b)(3)(C); and any and all other just and proper
relief.
Prime Care Health Inc. is a health insurance marketing company.
[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Tel: 877-206-4741
Fax: 866-633-0228
Emails: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
PRISMA HEALTH-MIDLANDS: Faces Cochran Suit Over Data Breach
-----------------------------------------------------------
IRIS COCHRAN, on behalf of herself and all others similarly
situated v. PRISMA HEALTH-MIDLANDS, Case No. 3:20-cv-00746-JFA
(D.S.C., Feb. 17, 2020), alleges that the Defendant violated the
State Data Breach Acts by unreasonably delaying disclosure of the
Data Breach to the Plaintiff and other Class Members, whose private
information was, or was reasonably believed to have been, acquired
by an unauthorized person.
The class action arises out of the recent cyberattack and data
breach (Data Breach) at PHM's medical facilities. As a result of
the Data Breach, the Plaintiff and approximately 22,000 class
members suffered ascertainable losses in the form of out-of-pocket
expenses and the value of their time reasonably incurred to remedy
or mitigate the effects of the attack.
The Plaintiff contends that PHM had no processes in place to
discover that its computer systems had been compromised by this
cyberattack, and it is unclear how long the unauthorized actor had
access to PHM's computer systems and network. She adds that the
types of data exposed included names, addresses, email addresses,
dates of birth, health insurance information, Social Security
numbers, and other related health information.
In addition, the Plaintiff's and class members' sensitive personal
information--which was entrusted to PHM, its officials and
agents--was compromised and unlawfully accessed due to the Data
Breach. Information compromised in the Data Breach includes names,
demographic information, dates of birth, Social Security numbers,
driver's license or identification card numbers, employment
information, health insurance information, medical information,
other protected health information as defined by HIPAA, and
additional personally identifiable information and protected health
information that Defendant PHM collected and maintained.
The Plaintiff seeks all remedies available under the State Data
Breach Acts, including actual damages, statutory damages, equitable
relief, and reasonable attorneys' fees and costs.
PHM is in the business of rendering healthcare services, medical
care, and treatment to more than 1.2 million patients annually. The
company offers a full spectrum of healthcare services and has on
staff more than 32,000 employees.[BN]
The Plaintiff is represented by:
Harper Todd Segui, Esq.
Gary E. Mason, Esq.
David K. Lietz, Esq.
WHITFIELD BRYSON & MASON LLP
PO Box 1483
Mount Pleasant, SC 29465
Telephone: 900 600-5000
Facsimile: 900 600-5035
E-mail: harper@wbmllp.com
gmason@wbmllp.com
- and -
Gary M. Klinger, Esq.
KOZONIS & KLINGER, LTD.
227 W. Monroe Street, Suite 2100
Chicago, IL 60630
Telephone: 312 283 3814
Facsimile: 773 496 8617
E-mail: gklinger@kozonislaw.com
PROGRESSIVE COUNTY: Mian Insurance Suit Removed to S.D. Texas
-------------------------------------------------------------
The class action lawsuit styled as Basit Mian, on behalf of himself
and all others similarly situated v. Progressive County Mutual
Insurance Company, J.D. Power, and Mitchell International
Incorporated, Case No. 19-81932, was removed from the Texas
District Court, Harris County, to U.S. District Court for the
Southern District of Texas (Houston) on Feb. 17, 2020.
The Southern District of Texas Court Clerk assigned Case No.
4:20-cv-00536 to the proceeding. The lawsuit is assigned to the
Hon. Judge Nancy F. Atlas.
The lawsuit involves insurance-related issues demanding $321
Million in damages.
Progressive County Mutual Insurance was founded in 2007. The
Company's line of business includes the underwriting of fire,
marine, and casualty insurance.[BN]
The Plaintiff is represented by:
Barbara J. Gardner, Esq.
2100 West Loop South No. 1125
Houston, TX 77027
Telephone: (832) 834-3210
Facsimile: (832) 998-8118
E-mail: Barbara@GardnerEmploymentLaw.com
- and -
Jonathan B. Cohen, Esq.
MORGAN & MORGAN
201 N Franklin St., 7th Fl.
Tampa, FL 33602
Telephone: (813) 275-5275
E-mail: jcohen@forthepeople.com
- and -
Jonathan H. Waller, Esq.
WOLFE RIFKIN, ET AL.
2001 Park Pl., Ste. 900
Birmingham, AL 35203-4803
Telephone: (205) 803-0051
Facsimile: (205) 933-5451
Defendant Progressive County Mutual Insurance Company is
represented by:
Jeffrey S. Cashdan, Esq.
Julia C. Barrett
Zachary A. McEntyre, Esq.
Jeremiah J Anderson, Esq.
KING & SPALDING
191 Peachtree St.
Atlanta, GA 30303-1763
Telephone: (404) 572-4600
Facsimile: (404) 572-5142
E-mail: jcashdan@kslaw.com
jbarrett@kslaw.com
zmcentyre@kslaw.com
jjanderson@kslaw.com
- and -
Gavin Eugene Hill, Esq.
DYKEMA GOSSETT PLLC
1717 Main Street, Suite 4200
Dallas, TX 75201
Telephone: (214) 462-6467
Facsimile: (214) 462-6401
E-mail: ghill@dykema.com
Defendants J.D. Power and Mitchell International Incorporated are
represented by:
Christopher Donald Kratovil, Esq.
Heather L Kramer, Esq.
DYKEMA GOSSETT PLLC
1717 Main St., Suite 4000
Dallas, TX 75201
Telephone: (214) 462-6400
E-mail: ckratovil@dykema.com
hkramer@dykema.com
PROPETRO SERVICES: Fails to Pay OT Compensation, Enriquez Claims
----------------------------------------------------------------
MIGUEL ENRIQUEZ, on behalf of himself and all others similarly
situated, Plaintiff v. PROPETRO SERVICES, INC., Defendant, Case No.
7:20-cv-00060 (W.D. Tex., March 10, 2020) is a collective action
complaint brought against Defendant for its alleged violation of
the Fair Labor Standards Act.
Plaintiff worked for Defendant from on or about June 2019 through
on or about January 2020 as an hourly-paid frac operator and
routinely worked in excess of 40 hours in a seven-day workweek.
According to the complaint, Plaintiff and the putative Collective
Action Members did not receive all overtime premium pay to which
they were entitled because Defendant failed to include all
renumeration when calculating their respective regular rates of pay
in seven-day workweeks when they worked more than 40 hours.
ProPetro Services, Inc. is an oilfield services company providing
hydraulic fracturing and other complementary services to leading
upstream oil and gas companies engaged in the exploration and
production of North American unconventional oil and natural gas
resources. [BN]
The Plaintiff is represented by:
Melinda Arbuckle, Esq.
Ricardo J. Prieto, Esq.
SHELLIST LAZARS SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Tel: (713)621-2277
Fax: (713)621-0993
Emails: marbuckle@eeoc.net
rprieto@eeoc.net
QUALITY CARRIERS: Martinez Seeks Overtime Pay for Drivers
---------------------------------------------------------
DAVID MARTINEZ, and all others similarly situated, Plaintiffs v.
QUALTIY CARRIERS, INC., Defendant, Case No. 5:20-cv-00295 (W.D.
Tex., March 11, 2020) alleges Defendant failed to properly
compensate drivers in violation of the Fair Labor Standards Act.
Plaintiff was employed by Defendant from February 27, 2019 to
February 3, 2020, as a driver to haul refinery remnants for oil and
gas customers located solely within the state of Texas.
The complaint asserts that Plaintiff and all others similarly
situated drivers, who are currently and formerly working with
Defendant, were never paid by Defendant at a rate not less than one
and one-half times their regular rates of pay for each hours worked
in excess of 40 in a workweek.
Quality Carriers, Inc. operates a logistics and trucking business.
[BN]
The Plaintiff is represented by:
Charles L. Scalise, Esq.
Daniel B. Ross, Esq.
ROSS SCALISE LAW GROUP
1104 San Antonio Street
Austin, TX 78701
Tel: (512)474-7677
Fax: (512)474-5306
Email: Charles@rosslawpc.com
QUANTUM AUTO SALES: Fails to Pay Proper Wages, Olivo Claims
-----------------------------------------------------------
PERLA OLIVO, individually, and on behalf of others similarly
situated Plaintiff, vs. QUANTUM AUTO SALES, INC., a California
corporation; and DOES 1 through 50, inclusive, Defendants, Case No.
37-2020-00013188-CU-OE-CTL (Calif. Super., San Diego Cty., March
10, 2020) is an action on behalf of the Plaintiff and all other
aggrieved employees of Defendants to recover penalties arising from
unpaid wages earned and due, including but not limited to unpaid
and illegally calculated overtime compensation, illegal meal and
rest period policies, failure to pay all wages due to discharged or
quitting employees, failure to maintain required records, failure
to provide accurate itemized wage statements, failure to timely pay
wages during employment, and failure to indemnify employees for
necessary expenditures and/or losses incurred in discharging their
duties.
The Plaintiff was employed by the Defendants as a service manager.
Quantum Auto Sales, Inc. is a California-based used car dealership
company. [BN]
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Dalia Khalili, Esq.
Andrew J. Sokolowski, Esq.
Shooka Dadashzadeh, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
Email: mmatern@maternlawgroup.com
dkhalili@maternlawgroup.com
asokolowski@maternlawgroup.com
shooka@maternlawgroup.com
RBT RESTAURANT: Guachon Seeks OT Pay, Tip Credit for Staff
----------------------------------------------------------
The case, FREDDY GUACHON, individually and on behalf of all others
similarly-situated v. RBT RESTAURANT LLC, d/b/a MAIELLA; ROBERT
BRISKIN; and TOMMY DEMARAS, Defendants, Case No. 1:20-cv-01341
(E.D.N.Y., March 12, 2020), arises from the Defendants' violations
of the Fair Labor Standards Act and the New York Labor Law
including failing to pay overtime premium due to a policy of time
shaving, failing to compensate spread of hours premium, and
deducting tip credit allowance.
Mr. Guachon was hired by Defendants as a server at a restaurant
located at 46-10 Center Blvd., Long Island City, New York from
April 29, 2018 to July 29, 2019.
RBT Restaurant LLC is a restaurant operator with principal place of
business in Long Island City, New York. It is also doing business
as Maiella. [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
ROBINHOOD FINANCIAL: Adame Sues over OL Securities Trading Losses
-----------------------------------------------------------------
ALEXANDER ADAME, individually and on behalf of all others similarly
situated, Plaintiff v. ROBINHOOD FINANCIAL, LLC, a Delaware limited
liability company, ROBINHOOD SECURITIES, LLC, a Delaware limited
liability company, and ROBINHOOD MARKETS, INC., a Delaware
corporation, Defendants, Case No. 5:20-cv-01769 (N.D. Cal., March
12, 2020) is a putative class action complaint brought against
Defendants for their alleged breach of contract, breach of implied
covenant of good faith and fair dealing, negligence, gross
negligence, and declaratory judgment.
Plaintiff is an online trader and uses Robinhood's online trading
system by entering into a Customer Agreement.
According to the complaint, Plaintiff purchased a total of 8 SPY
put options on February 27-28, 2020 by using his Robinhood trading
account. However, Robinhood's trading platform completely stopped
functioning at 9:33 a.m. of March 2, 2020, the first day of the
month for trading traditional securities, which is also the monthly
contract's expiry date of Plaintiff's SPY put options. Plaintiff
asserts that he has suffered losses and, due to the outage of
Robinhood's trading system, Plaintiff was not able to sell his
option contracts in order to mitigate his losses of approximately
$6,000. Also, Plaintiff did not receive assistance and support from
Robinhood.
SPY is an exchange traded fund that tracks the performance of the
S&P 500.
Robinhood is an online brokerage firm which allows customers to
place securities trades through its website by using a web-based
application or by calling its help center. [BN]
The Plaintiff is represented by:
William R. Restis, Esq.
THE RESTIS LAW FIRM, P.C.
550 West C Street, Suite 1520
San Diego, CA 92101
Tel: (619) 270-8383
Fax: (619) 752-1552
Email: William@restislaw.com
- and -
Joseph J. DePalma, Esq.
Steven J. Greenfogel, Esq.
Jeremy Nash, Esq.
LITE DEPALMA GREENBERG, LLC
570 Broad Street, Suite 1201
Newark, NJ 07102
Tel: (973) 623-3000
Fax: (973) 623-0858
Emails: jdepalma@litedepalma.com
sgreenfogel@litedepalma.com
jnash@litedepalma.com
SAINT LUKE'S HEALTH: Mismanaged Retirement Plan, Rohan Alleges
---------------------------------------------------------------
MAGGIE ROHAN, Plaintiff, v. SAINT LUKE'S HEALTH SYSTEM, INC., THE
SAINT LUKE'S HEALTH SYSTEM RETIREMENT COMMITTEE and JOHN and JANE
DOES 1-25, Defendants, Case No. 4:20-cv-00179-SRB (W.D. Mo., March
10, 2020) is an action by Plaintiff and a class of similarly
situated participants against the Defendants for breach of
fiduciary duty and prohibited transactions under the Employee
Retirement Income Security Act of 1974.
According to the complaint, Defendants allowed the Saint Luke's
403(b) Plan's recordkeeper, Transamerica, to receive excessive and
unreasonable compensation through: (1) direct, hard dollar, fees
the Plan paid to Transamerica; (2) indirect, soft dollar, fees paid
by non-Transamerica managed mutual funds; (3) fees paid to
Transamerica from Transamerica managed investments; and (4) float
interest, freedom to market rollover-materials to Plan
participants, and other forms on indirect compensation.
The Defendants larded the Plan with excessively expensive mutual
funds which paid Transamerica from the excessive fees they charged
the Plan and its participants, including Plaintiff. The investment
options that Defendants chose for the Plan charged higher fees than
comparable alternatives offered by the same investment managers
with the same investment strategy, differentiated solely by their
lower fee.
The Defendants also caused the Plan to pay Transamerica too much
for recordkeeping services given the number of Plan participants
and the level of the Plan’s investments, in addition to selecting
underperforming investment options with excessive fees.
The Defendants, who during the Class Period are or were fiduciaries
of the Plan, violated their fiduciary duties owed to the Plan and
its participants, including Plaintiff.
Saint Luke's Health System, Inc. is a health care system that
operates in hospitals, convenient care Clinics and several labs,
pharmacies, physician practices, surgery centers, and walk-in
clinics across the Kansas City area, located in both Kansas and
Missouri, with its principal place of business in Kansas City,
Missouri. [BN]
The Plaintiff is represented by:
Kristie Blunt-Welder, Esq.
Welder Blunt Welder & Associates, LLC
4741 Central St., Suite 514
Kansas City, MO 64112
Telephone: (844) 935-3373
Email: kwelder@welderfirm.com
– and –
Mark G. Boyko, Esq.
Bailey & Glasser LLP
8012 Bonhomme Avenue, Suite 300
Clayton, MO 63105
Telephone: (314) 863-5446
Facsimile: (314)-863-5483
Email: mboyko@baileyglasser.com
– and –
Gregory Y. Porter, Esq.
Alexandra L. Serber, Esq.
BAILEY & GLASSER LLP
1054 31st Street, NW, Suite 230
Washington, DC 20007
Telephone: (202) 463-2101
Facsimile: (202) 463-2103
Email: gporter@baileyglasser.com
aserber@baileyglasser.com
– and –
Dougles P. Needham, Esq.
Robert A. Izard, Esq.
Mark P. Kindall, Esq.
Oren Faircloth, Esq.
Izard, Kindall & Raabe, LLP
29 South Main St., Suite 305
West Hartford, CT 06107
Telephone: (860) 493-6292
Facsimile: (860) 493-6290
Email: dneedham@ikrlaw.com
rizard@ikrlaw.com
mkindall@ikrlaw.com
ofaircloth@ikrlaw.com
SALEM VILLAGE: Faces Robinson BIPA Suit Over Use of Biometrics
--------------------------------------------------------------
Maxie Robinson, individually and on behalf of all similarly
situated v. SALEM VILLAGE NURSING AND REHABILITATION CENTER,
L.L.C., an Illinois limited liability company, Case No. 2020CH03022
(Ill. Cir., Cook Cty., March 11, 2020), is brought against the
Defendant for its violations of the Illinois Biometric Information
Privacy Act, and to obtain redress for persons injured by its
conduct.
According to the complaint, prior to taking the Plaintiff's
biometrics, the Defendant did not inform the Plaintiff in writing
that the Plaintiff's biometrics were being collected, stored, used,
or disseminated, or publish any policy specifically about the
collection, retention, use, deletion, or dissemination of
biometrics. The Defendant did not seek, and the Plaintiff never
provided, any written consent relating to the collection, use,
storage, or dissemination of Plaintiffs biometrics. The Defendant
also did not make publicly available any written policy as to its
biometric retention schedule, nor did the Defendant disclose any
guidelines for permanently destroying the collected biometrics.
The Defendant also did not obtain consent from the Plaintiff for
any dissemination of the Plaintiff's biometrics to third parties.
To this day, the Plaintiff is unaware of the status of the
biometrics obtained by the Defendant. The Defendant has not
informed the Plaintiff whether it still retains the Plaintiff's
biometrics, and if it does, for how long it intends to retain such
information without the Plaintiff's consent. By failing to comply
with BIPA, the Defendant has violated the Plaintiff's substantive
state rights to biometric privacy, says the complaint.
Plaintiff Maxie Robinson has been a resident and a citizen of the
state of Illinois and Will County.
The Defendant is a nursing and rehabilitation home providing short
and long term care with operations in the state of Illinois.[BN]
The Plaintiff is represented by:
Timothy P. Kingsbury, Esq.
Andrew T. Heldut, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Fl.
Chicago, IL 60601
Phone: (312) 893-7002
Email: tkingsbury@mcgpc.com
aheldut@mcgpc.com
SANOFI SA: Pinales Suit Moved to Southern District of Florida
-------------------------------------------------------------
The class action lawsuit titled ALFONSO PINALES, individually and
on behalf of all others similarly situated, Plaintiff v. SANOFI
S.A.; SANOFI-AVENTIS U.S. LLC; and SANOFI US SERVICES INC.,
Defendants, Case No. 3:19-cv-19324, was removed from the U.S.
District Court for the District of New Jersey, to the U.S. District
Court for the Southern District of Florida on February 7, 2020. The
District Court Clerk assigned Case No. 9:20-cv-80198-RLR to the
proceeding. The Case is assigned to the Hon. Judge Robin L.
Rosenberg and referred to Magistrate Judge Bruce E. Reinhart.
Sanofi manufactures pharmaceutical products. The Company offers
drugs, generic medicines, food supplement, cosmetics, and medical
devices such as cancer, cardiology, gynecology, and diabetes.
Sanofi serves customers worldwide. [BN]
The Plaintiff is represented by:
Andrew Obergfell, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10016
Telephone: (646) 837-7129
E-mail: aobergfell@bursor.com
The Defendants are represented by:
Amanda Laufer Camelotto, Esq.
DLA PIPER LLP
444 West lake St., Suite 900
Chicago, IL 60606
Telephone: (973) 520-2566
Facsimile: (973) 520-2586
E-mail: amanda.camelotto@dlapiper.com
SHARP OILFIELD: Faces McKenzie Suit Over Unpaid Overtime Wages
--------------------------------------------------------------
Jeremy McKenzie, on Behalf of Himself and on Behalf of All Others
Similarly Situated v. SHARP OILFIELD SERVICES, LLC, Case No.
7:20-cv-00061-DC (W.D. Tex., March 11, 2020), seeks to recover
unpaid overtime wages, liquidate damages, expenses, costs of court,
and pre and post judgment interest pursuant to the Fair Labor
Standards Act.
The Defendant required the Plaintiff to work more than forty hours
in a workweek, says the complaint. Unfortunately, the Defendant
failed to compensate the Plaintiff at the rate of time and one half
his regular rate of pay for all hours worked over forty in a
workweek. The Defendant's conduct violates the FLSA.
The Plaintiff worked for the Defendant as a field technician from
March 2018 to February 2020 in Odessa, Texas.
The Defendant operates in the oil and gas industry and provides
"preventative maintenance, rig services, and hot shot
services."[BN]
The Plaintiff is represented by:
Don J. Foty, Esq.
HODGES & FOTY, L.L.P.
4409 Montrose Blvd., Ste. 200
Houston, TX 77006
Phone: (713) 523-0001
Facsimile: (713) 523-1116
Email: Dfoty@hftrialfirm.com
SIMPLE FLOW: Naiman Seeks Damages for Unlawful Telephone Calls
--------------------------------------------------------------
The case, SIDNEY NAIMAN, individually and on behalf of all others
similarly situated, Plaintiff v. SIMPLE FLOW LLC, and DOES 1
through 10, inclusive, and each of them, Defendant, Case No.
2:20-cv-00510-JAM-DMC (E.D. Cal., March 6, 2020) arises from
Defendant's alleged violation of the Telephone Consumer Protection
Act by negligently, knowingly, and/or willfully contacting
Plaintiff on Plaintiff's cellular telephone.
According to the complaint, in an attempt to solicit Plaintiff to
purchase Defendant's services and without "prior express consent",
Defendant contacted Plaintiff on his cellular telephone number
ending in -6535 beginning in or around May 2019 by using an
"automatic telephone dialing system" or an artificial or
prerecorded voice from numbers (714) 430-8134 and (516) 404-0641.
Moreover, after being on the National Do-Not-Call list for several
years, Plaintiff begun receiving multiple calls or at least one
solicitation call from Defendant within a 12-month period.
The complaint asserts that Defendant failed to establish and
implement reasonable practices and procedures to effectively
prevent telephone solicitations, thereby violating the TCPA.
Simple Flow LLC is an energy marketing company. [BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Tel: 877-619-8966
Fax: 866-633-0228
Emails: tfriedman@toddflaw.com
abacon@toddflaw.com
SK UNITED: Riley Seeks Overtime Pay for Delivery Drivers
--------------------------------------------------------
ROGER RILEY, individually and on behalf of others similarly
situated, Plaintiff v. SK UNITED CORP., a Texas Corporation,
Defendant, Case No. 2:20-cv-10577-PDB-RSW (E.D. Mich., March 5,
2020) is a collective and class action complaint brought against
Defendant for its alleged violations of the Fair Labor Standards
Act and the Highway Technical Corrections Act of 2007 (HTCA).
Plaintiff and similarly situated employees worked as Drivers for
Defendant within the past three years. Plaintiff was a day-rate and
full-time Driver out of Defendant's distribution center in Auburn
Hills, Michigan, from approximately November 2017 to present.
Because Plaintiff and other drivers were unlawfully classified by
Defendant as exempt from overtime, they became victims of
Defendant's common policy of failing to pay Drivers for overtime
hours for a workweek longer than forty hours. Instead, Defendant
paid them on a flat day rate of $160.00 per day regardless of how
many hours they worked.
The HTCA defines "covered employee" as an individual "whose work,
in whole or in part," "performs duties on motor vehicles weighing
10,000 pounds or less."
Plaintiff seeks to recover half-time unpaid overtime wages
accumulated since his first day of employment, liquidated damages,
attorneys' fees and costs, and any other relief he and those
similarly situated drivers are entitled to by law.
SK United is a package delivery corporation, which contracts with
FedEx and other larger companies to deliver packages in Michigan
and other states. [BN]
The Plaintiff is represented by:
Matthew L. Turner, Esq.
Charles R. Ash, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Tel: 248-355-0300
Emails: mturner@sommerspc.com
crash@sommerspc.com
SKYLINE ENERGY: Naiman Seeks Damages for Unlawful Telephone Calls
-----------------------------------------------------------------
SIDNEY NAIMAN, individually and on behalf of all others similarly
situated, Plaintiff v. SKYLINE ENERGY SAVERS, INC., and DOES 1
through 10, inclusive, and each of them, Defendant, Case No.
2:20-at-00238 (E.D. Cal., March 6, 2020) is a class action
complaint brought against Defendant for its alleged violation of
the Telephone Consumer Protection Act by negligently, knowingly,
and/or willfully contacting Plaintiff on Plaintiff's cellular
telephone.
According to the complaint, in an attempt to solicit Plaintiff to
purchase Defendant's services and without "prior express consent",
Defendant contacted Plaintiff on his cellular telephone number
ending in -4991, -6535, and -6443 beginning in or around June 2017
by using an "automatic telephone dialing system" or an artificial
or prerecorded voice from telephone numbers (408) 819-9781, (530)
204-5518, (530) 204-5518 and (916) 747-1108 which are confirmed to
be Defendant's numbers.
Moreover, after being on the National Do-Not-Call Registry well
over 30 days, Plaintiff begun receiving multiple calls or at least
one solicitation call from Defendant within a 12-month period.
The complaint asserts that Defendant failed to establish and
implement reasonable practices and procedures to effectively
prevent telephone solicitations, thereby violating the TCPA.
Skyline Energy Savers, Inc. is an energy marketing company. [BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Tel: 877-619-8966
Fax: 866-633-0228
Emails: tfriedman@toddflaw.com
abacon@toddflaw.com
SLICKWRAPS INC: Almeida et al. Sue Over February Data Theft
-----------------------------------------------------------
ALBERT ALMEIDA, MARK MUNOZ, and ANGELO VICTORIANO, individually and
on behalf of all others similarly situated, Plaintiffs v.
SLICKWRAPS INC., a Wyoming corporation, Defendant, Case No.
2:20-at-00256 (E.D. Cal., March 12, 2020) is a class action
complaint brought against Defendant for its alleged negligence,
intrusion into private affair, breach of express contract, breach
of implied contract, negligence per se, and violation of California
Unfair Competition Law.
According to the complaint, Slickwraps suffered a data breach in
February 2020 which resulted in the exposure of the personal
identifiable information (PII) of approximately 858,000 customers,
including names, physical addresses, phone numbers purchase
histories and unique email addresses. However, Slickwraps just
meekly apologize to their customers when called out on its woefully
lax data security practices.
Plaintiffs assert that they have suffered actual injuries from
having their PII compromised and stolen as a result of the Data
Breach, such as paying monies to Defendant for its goods and
services but failed to safeguard consumers' PII, damages to and
diminution in the value of their PII, loss of their privacy, and
imminent and impending injury arising from the increased risk of
fraud and identity theft.
Slickwraps Inc. makes and sells an assortment of premade and custom
cases for mobile phones, tablets and other electronic devices.
[BN]
The Plaintiffs are represented by:
William Litvak, Esq.
DAPEER ROSENBLIT & LITVAK, LLP
11500 W. Olympic Blvd., Ste. 550
Los Angeles, CA 90064
Tel: (310)477-5575
Fax: (310)477-7090
Email: wlitvak@drllaw.com
- and -
Rachel Dapeer, Esq.
DAPEER LAW, P.A.
300 S. Biscayne Blvd., #2704
Miami, FL 33131
Tel: (305)610-5223
Email: Rachel@dapeer.com
- and -
Gary M. Klinger, Esq.
KOZONIS & KLINGER, LTD.
227 W. Monroe St., Ste. 2100
Chicago, IL 60606
Tel: (312)283-3814
Email: gklinger@kozonislaw.com
SLICKWRAPS INC: Almeida Sues in Cal. Alleging Breach of Contract
----------------------------------------------------------------
A class action lawsuit has been filed against Slickwraps Inc. The
case is styled as Albert Almeida, Mark Munoz, Angelo Victoriano,
individually and on behalf of others similarly situated v.
Slickwraps Inc., a Wyoming corporation, Case No.
2:20-cv-00559-TLN-CKD (E.D. Cal., March 12, 2020).
The nature of suit is stated as other contract for breach of
contract.
Slickwraps is a source for consumer electronics protection and
accessories.[BN]
The Plaintiffs are represented by:
William Litvak, Esq.
DAPEER ROSENBLIT & LITVAK
11500 W Olympic Blvd., Suite 550
Los Angeles, CA 90064
Phone: (310) 477-5575
Fax: (310) 477-7090
Email: wlitvak@drllaw.com
STEIN MART: Proposed Merger Breaches Fiduciary Duty, Levy Claims
----------------------------------------------------------------
LLOYD LEVY, on behalf of himself and all others similarly situated,
Plaintiff, vs. STEIN MART, INC., JAY STEIN, D. HUNT HAWKINS,
MARYANN MORIN, IRWIN COHEN, THOMAS L. COLE, TIMOTHY COST, LISA
GALANTI, RICHARD L. SISISKY, BURTON M. TANSKY, Defendants, Case No.
1:20-cv-02126 (S.D.N.Y, March 10, 2020) is a class action on behalf
of the Plaintiff and all other public stockholders of Stein Mart,
Inc. against Stein Mart and Stein Mart's Board of Directors for
violations of the Securities and Exchange Act of 1934 and for
breaches of fiduciary duty as a result of the Individual
Defendants' efforts to sell the Company to Stratosphere Holdco,
LLC, through its wholly-owned subsidiary Stratosphere Merger Sub,
Inc. as a result of an unfair process for an unfair price.
According to the complaint, Kingswood will acquire all of the
outstanding shares of Stein Mart common stock, in compensation for
which Stein Mart stockholders will be entitled to receive only
$0.90 per share in cash, pursuant to the terms of the definitive
Agreement and Plan of Merger entered into by and among Stein Mart
and Kingswood on January 30, 2020.
The Proposed Transaction is unfair and undervalued for a number of
reasons. Stein Mart has recently invested in new technology and
strategies to likely propel growth in its sales and profits in the
near future. Along with its investments, Stein Mart has been a
successful enterprise for over 100 years and has continued to
perform as a successful player in the industry for the majority of
its history.
Further, the Individual Defendants have breached their fiduciary
duties of loyalty, good faith, due care and disclosure by, inter
alia, (i) agreeing to sell Stein Mart without first taking steps to
ensure that Plaintiff and Class members would obtain adequate, fair
and maximum consideration under the circumstances; and (ii)
engineering the Proposed Transaction to benefit themselves and/or
Kingswood without regard for Stein Mart public stockholders.
Stein Mart is a Jacksonville, Florida-headquartered specialty
off-price retailer that offers designer and name-brand fashion
apparels, home décor merchandise, accessories, and shoes at
discount prices in the Unites States. The Company's stores also
provide merchandise locator services; a preferred customer program;
co-branded and private label credit card programs; and electronic
gift cards. [BN]
The Plaintiff is represented by:
Evan J. Smith, Esq.
BRODSKY & SMITH, LLC
240 Mineola Boulevard First Floor
Mineola, NY 11501
Telephone: (516) 741-4977
Facsimile: (516) 741-0626
Email: esmith@brodskysmith.com
STERLING BANCORP: Berman Tabacco Files Securities Class Action
--------------------------------------------------------------
On Feb. 26, 2020, Berman Tabacco (www.bermantabacco.com), a
national law firm representing investors, filed a class action
lawsuit for violations of the federal securities laws against
Sterling Bancorp, Inc. (NASDAQ: SBT), certain of its current and
former officers and directors, and the underwriters for the
Company's initial public offering ("IPO") on behalf of investors
who purchased or otherwise acquired Sterling common stock from
November 17, 2017 through and including December 8, 2019, (the
"Class Period") and investors who purchased or otherwise acquired
Sterling common stock in or traceable to the Company's IPO.
Berman Tabacco filed this action in the Eastern District of
Michigan on behalf of its client, Oklahoma Police Pension and
Retirement System. The case is captioned Oklahoma Police Pension
and Retirement System v. Sterling Bancorp, Inc, et al., No.
2:20-cv-10490. A copy of the complaint is available on the firm's
website.
Sterling, headquartered in Southfield, Michigan, is the unitary
thrift holding company of Sterling Bank and Trust. The Company
specializes in residential mortgages but offers a broad suite of
products to the residential and commercial markets as well as
retail banking services. Throughout the Class Period, the Company's
largest lending product was its Advantage Loan Program,
constituting the majority of the Company's loans.
On December 9, 2019, the Company disclosed that it "voluntarily and
temporarily suspended its Advantage Loan program in connection with
an ongoing internal review of the program's documentation." On that
same day, shares of Sterling common stock fell $2.16 per share to
close at $7.29 per share, a decline of nearly 23%.
The complaint filed in this class action alleges that, throughout
the Class Period, defendants made untrue statements of material
fact and omitted other facts necessary to make the statements not
misleading and failed to disclose material facts concerning, inter
alia, the Company's loan underwriting, risk management and internal
controls, including repeatedly touting its strict underwriting,
asset quality and the Advantage Loan Program.
If you wish to serve as Lead Plaintiff for the Class, you must file
a motion with the Court no later than Monday, April 27, 2020. Any
member of the proposed Class may move the Court to serve as Lead
Plaintiff through counsel of their choice, or may choose to do
nothing and remain a member of the proposed Class.
If you wish to discuss this action or have any questions concerning
this notice or your rights or interests, please contact
BERMAN TABACCO
Chowning Poppler
Nicole A. Maruzzi
Tel: (800) 516-9926
E-mail: cpoppler@bermantabacco.com
nmaruzzi@bermantabacco.com
You may also submit an inquiry or find more information about the
case here: https://www.bermantabacco.com/case/sterling/
Berman Tabacco is a national law firm representing institutions and
individuals in lawsuits seeking to recoup losses caused by
violations of securities and antitrust laws. The firm has lawyers
in Boston, Massachusetts and San Francisco, California. More
information about the firm can be found on the firm's website at
http://www.bermantabacco.com/[GN]
STERLING BANCORP: Block & Leviton Announces Class Action
--------------------------------------------------------
Block & Leviton LLP (www.blockesq.com), a national securities
litigation firm, announces that a class action lawsuit has been
filed against Sterling Bancorp, Inc. (SBT) and certain of its
officers and directors alleging violations of the federal
securities laws and reminds investors of an April 27, 2020 lead
plaintiff deadline. Investors who purchased Sterling shares between
November 17, 2017 and December 8, 2019 should contact Block &
Leviton for a free case evaluation.
The lawsuit, filed in the United States District Court for the
Eastern District of Michigan, alleges that the Company made
materially false and misleading statements about the bank's
Advantage Loan program between November 17, 2017 and December 8,
2019. Sterling stock declined almost 23% on December 9, 2019, after
the bank announced that it was suspending the program "as it
continues to audit documentation on past loans."
If you purchased Sterling Bancorp stock between November 17, 2017
and December 8, 2019 and wish to serve as a lead plaintiff, you
must move the Court no later than April 27, 2020. As a member of
the class, you may seek to file a motion to serve as a lead
plaintiff or take no action and remain an absent class member. If
you wish to become involved in the litigation or have questions
about your legal rights, you are encouraged to contact attorney
Mark Delaney at (617) 398-5600, by email at mdelaney@blockesq.com,
or by visiting https://shareholder.law/sterling.
Contact:
Mark Delaney
Block & Leviton LLP
Tel: (617) 398-5600 phone
https://www.blockesq.com website
[GN]
STERLING BANCORP: Kirby McInerney Announces Class Action
--------------------------------------------------------
The law firm of Kirby McInerney LLP announces that a class action
lawsuit has been filed in the U.S. District Court for the Eastern
District of Michigan on behalf of those who acquired Sterling
Bancorp, Inc. (NASDAQ: SBT) securities during the period from
November 17, 2017 through December 8, 2019 and/or pursuant to the
Company's November 17, 2017 Initial Public Offering ("IPO").
Investors have until April 27, 2020 to apply to the Court to be
appointed as lead plaintiff in the lawsuit.
The lawsuit alleges that Defendants failed to disclose material
facts concerning the Company's loan underwriting, risk management,
and internal controls, including repeatedly touting its strict
underwriting, asset quality, and the Advantage Loan Program.
On November 17, 2017, Sterling commenced its IPO, offering fifteen
million shares of common stock at a price of $12.00 per share.
On December 9, 2019, Sterling disclosed that its subsidiary,
Sterling Bank and Trust, FSB, suspended its Advantage Loan program
due to an ongoing internal review of documentation on past loans
and due to an implementation of "systems and controls to ensure the
Bank's policies and procedures are followed on loans originated
under the program."
On this news, the Company's stock price fell $2.16, or nearly 23%,
to close at $7.29 per share on December 9, 2019.
If you acquired Sterling securities, have information, or would
like to learn more about these claims, please contact Thomas W.
Elrod of Kirby McInerney LLP at 212-371-6600, by email at
investigations@kmllp.com, or by filling out this contact form, to
discuss your rights or interests with respect to these matters
without any cost to you.
Kirby McInerney LLP is a New York-based plaintiffs' law firm
concentrating in securities, antitrust, and whistleblower
litigation. The firm's efforts on behalf of shareholders in
securities litigation have resulted in recoveries totaling billions
of dollars. Additional information about the firm can be found at
Kirby McInerney LLP's website: www.kmllp.com.
[GN]
SYNERGETIC COMMUNICATION: Faces Taveras FDCPA Suit in Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Synergetic
Communication Inc. The case is styled as Hansel Taveras,
individually and on behalf of all others similarly situated v.
Synergetic Communication Inc., Case No. 1:20-cv-21099-XXXX (S.D.
Fla., March 12, 2020).
The Plaintiff accuses the Defendant of violating the Fair Debt
Collection Practices Act.
Synergetic Communication is a third-party debt collector.[BN]
The Plaintiff is represented by:
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
SYNERGETIC COMMUNICATION: Munoz Files FDCPA Suit in M.D. Florida
----------------------------------------------------------------
A class action lawsuit has been filed against Synergetic
Communication Inc. The case is styled as Humberto Munoz,
individually and on behalf of all others similarly situated v.
Synergetic Communication Inc., Case No. 2:20-cv-00169 (M.D. Fla.,
March 12, 2020).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Synergetic Communication is a third-party debt collector.[BN]
The Plaintiffs are represented by:
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
TENAGLIA & HUNT: Deutsch Balks at Debts Collection Practices
------------------------------------------------------------
The case, BAILA DEUTSCH, individually and on behalf of all others
similarly situated, Plaintiff v. TENAGLIA & HUNT, PA, Defendant,
Case No. 2:20-cv-02432 (D.N.J., March 5, 2020) arises from
Defendant's alleged violation of the Fair Debt Collection Practices
Act.
According to the complaint, Defendant contacted Plaintiff by letter
dated March 14, 2019, which is the initial written communication
Plaintiff received from Defendant, in an attempt to collect the
alleged debt of Plaintiff which was assigned or transferred to
Defendant for collection.
However, the letter failed to advise that the alleged Debt assigned
to a law firm does not override the Plaintiff's rights to dispute
the alleged debt, to request validation of the alleged debt, and to
request the name and address of the original creditor. Also, the
letter misleads Plaintiff and other consumers into believing that
there was meaningful attorney involvement in the collection of the
debt.
Plaintiff seeks to recover damages pursuant to 15 US Code Sec.
1692k, attorneys' fees and other costs.
Tenaglia & Hunt, PA is a debt collector. [BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
BARSHAY SANDERS, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516)203-7600
Fax: (516)706-5055
Email: csanders@barshaysanders.com
TIVITY HEALTH: Bernstein Liebhard Announces Securities Class Action
-------------------------------------------------------------------
Bernstein Liebhard, a nationally acclaimed investor rights law
firm, announces that a securities class action has been filed on
behalf of investors that purchased or acquired the securities of
Tivity Health Inc. (NASDAQ: TVTY) between March 8, 2019, and
February 19, 2020 (the "Class Period"). The lawsuit filed in the
United States District Court for the Middle District of Tennessee
alleges violations of the Securities Exchange Act of 1934.
If you purchased Tivity Health securities, and/or would like to
discuss your legal rights and options please visit Tivity Health
Shareholder Class Action or contact Matthew E. Guarnero toll free
at (877) 779-1414 or MGuarnero@bernlieb.com.
The Complaint alleges that throughout the Class Period, Defendants
made materially false and misleading statements regarding the
Company's business, operational and compliance policies.
Specifically, Defendants made false and/or misleading statements
and/or failed to disclose that: (i) following the Nutrisystem
Acquisition, Tivity Health's Nutrition segment faced significant
operational challenges; (ii) the foregoing would foreseeably have a
significant impact on Tivity Health's revenues; and (iii) as a
result, the Company's public statements were materially false and
misleading at all relevant times.
On February 19, 2020, Tivity Health issued a press release
announcing the Company's financial results for the fourth quarter
and year ended December 31, 2019. Tivity Health disclosed, inter
alia, that its "Nutrition segment had a disappointing end to 2019,"
which included "a non-cash impairment charge of $(377.1) million,"
contributing to a net loss for the Company of $272.8 million in the
fourth quarter. Concurrently, Tivity Health announced the
resignation of the Company's Chief Executive Officer ("CEO") Donato
Tramuto, effective immediately. Discussing the Company's financial
results on an earnings call, the Company's interim CEO, Robert
Greczyn, stated that "[a]dmittedly, the nutrition business has not
worked out as well as planned since the completion of the
[Nutrisystem Acquisition] in March 2019.
On this news, Tivity Health's stock price fell $10.43 per share, or
45.49%, to close at $12.50 per share on February 20, 2020.
If you purchased Tivity Health securities, and/or would like to
discuss your legal rights and options please visit
https://www.bernlieb.com/cases/tivityhealthinc-tiv-shareholder-class-action-lawsuit-stock-fraud-255/apply/
or contact Matthew E. Guarnero toll free at (877) 779-1414 or
MGuarnero@bernlieb.com
If you wish to serve as lead plaintiff, you must move the Court no
later than April 27, 2020. A lead plaintiff is a representative
party acting on behalf of other class members in directing the
litigation. Your ability to share in any recovery doesn't require
that you serve as lead plaintiff. If you choose to take no action,
you may remain an absent class member.
Since 1993, Bernstein Liebhard LLP has recovered over $3.5 billion
for its clients. In addition to representing individual investors,
the Firm has been retained by some of the largest public and
private pension funds in the country to monitor their assets and
pursue litigation on their behalf. As a result of its success
litigating hundreds of lawsuits and class actions, the Firm has
been named to The National Law Journal's "Plaintiffs' Hot List"
thirteen times and listed in The Legal 500 for ten consecutive
years.
Contact:
Bernstein Liebhard LLP
Matthew E. Guarnero
Tel: (877) 779-1414
E-mail: MGuarnero@bernlieb.com
Web site: https://www.bernlieb.com
[GN]
TIVITY HEALTH: Gainey McKenna Announces Securities Class Action
---------------------------------------------------------------
Gainey McKenna & Egleston announces that a class action lawsuit has
been filed against Tivity Health, Inc. (NASDAQ: TVTY) in the United
States District Court for the Middle District of Tennessee on
behalf of those who purchased or acquired the securities of Tivity
between March 8, 2019 and February 19, 2020, inclusive (the "Class
Period"). The lawsuit seeks to recover damages for Tivity
investors under the federal securities laws.
The Complaint alleges that Defendants made false and/or misleading
statements and/or failed to disclose that: (1) following the
Nutrisystem acquisition, Tivity's Nutrition segment faced
significant operational challenges; (2) the foregoing would
foreseeably have a significant impact on Tivity's revenues; and (3)
as a result, the Company's public statements were materially false
and misleading at all relevant times. When the true details
entered the market, the lawsuit claims that investors suffered
damages.
Investors who purchased or otherwise acquired shares of Tivity
during the Class Period should contact the Firm prior to the April
27, 2020 lead plaintiff motion deadline. A lead plaintiff is a
representative party acting on behalf of other class members in
directing the litigation. If you wish to discuss your rights or
interests regarding this class action, please contact
Thomas J. McKenna, Esq.
Gregory M. Egleston, Esq.
Gainey McKenna & Egleston
Tel: (212) 983-1300,
E-mail: tjmckenna@gme-law.com
gegleston@gme-law.com
Please visit the website at http://www.gme-law.comfor more
information about the firm. [GN]
TIVITY HEALTH: Levi & Korsinsky Reminds Investors of Class Action
-----------------------------------------------------------------
Levi & Korsinsky, LLP, announces that a class action lawsuit has
commenced on behalf of shareholders of the following publicly
traded Tivity Health, Inc. (TVTY). Shareholders interested in
serving as lead plaintiff have until the deadline listed to
petition the court and further details about the case can be found
at the link provided. There is no cost or obligation to you.
Tivity Health, Inc. (TVTY)
TVTY Lawsuit on behalf of: investors who purchased March 8, 2019 -
February 19, 2020
Lead Plaintiff Deadline: April 27, 2020
Join the action:
https://www.zlk.com/pslra-1/tivity-health-inc-loss-form?wire=3&prid=5543
Allegations: Tivity Health, Inc. made materially false and/or
misleading statements throughout the class period and/or failed to
disclose that: (i) following the Nutrisystem Acquisition, Tivity's
Nutrition segment faced significant operational challenges; (ii)
the foregoing would foreseeably have a significant impact on
Tivity's revenues; and (iii) as a result, the Company's public
statements were materially false and misleading at all relevant
times.
To learn more about the Tivity Health, Inc. class action, contact
jlevi@levikorsinsky.com.
You have until the lead plaintiff deadline to request the court
appoint you as lead plaintiff. Your ability to share in any
recovery doesn't require that you serve as a lead plaintiff.
Levi & Korsinsky is a national firm with offices in New York,
California, Connecticut, and Washington D.C. The firm's attorneys
have extensive expertise and experience representing investors in
securities litigation and have recovered hundreds of millions of
dollars for aggrieved shareholders.
Contact:
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
55 Broadway, 10th Floor
New York, NY 10006
E-mail: jlevi@levikorsinsky.com
Tel: (212) 363-7500
Fax: (212) 363-7171
Web site: http://www.zlk.com/
[GN]
TOYOTA MOTOR: Faces Coleman et al. Suit over Defective Automobile
-----------------------------------------------------------------
COLE COLEMAN, BRUCE COLETTA, DAVID DIORIO, ROBERT JACOBSON-DUTEIL,
BRIANNA LEE, CRISTIN TROSIEN, and MICHELE WILLIAMS, individually
and on behalf of others similarly situated, Plaintiffs v. TOYOTA
MOTOR SALES, U.S.A., INC. and TOYOTA MOTOR NORTH AMERICA, INC.,
Defendants, Case No. 3:20-cv-01663-LB (N.D. Cal., March 6, 2020) is
a class action against the Defendants for manufacturing and
marketing the 2019 and 2020 RAV4 Hybrid vehicles with a defective
fuel tank system, which violated several consumer laws including
the California's Consumer Legal Remedies Act, the California Unfair
Competition Law, and the Song-Beverly Act.
According to the complaint, the Defendants advertise the fuel tank
as having a capacity of 14.5 gallons. However, the fuel tank on
each class vehicle cannot be safely filled with more than nine to
10 gallons, even when the fuel light indicates that the tank is not
full, because the fuel tank system is defective.
Toyota Motor Sales, U.S.A., Inc. is a Texas-based automobile sales,
marketing, and distribution subsidiary company.
Toyota Motor North America, Inc. is an automobile manufacturing
company, including class vehicles in California and throughout the
United States.[BN]
The Plaintiff is represented by:
Lesley E. Weaver, Esq.
BLEICHMAR FONTI & AULD LLP
555 12th Street, Suite 1600
Oakland, CA 94607
Telephone: (415) 445-4003
Facsimile: (415) 445-4020
E-mail: lweaver@bfalaw.com
TRUE WORLD: Collects & Stores Biometric Data, Gil et al. Claim
--------------------------------------------------------------
ALEJANDRO GIL and MANUEL HERNANDEZ, individually and on behalf of
all others similarly-situated, Plaintiffs v. TRUE WORLD FOODS
CHICAGO, LLC, Defendant, Case No. 2020CH02846 (Ill. Cir., Cook
Cty., March 9, 2020) is a class action against the Defendant for
violations of the Biometric Information Privacy Act.
The Plaintiffs allege that the Defendant required them and all
others similarly situated employees, as a condition of employment,
to have their handprints scanned by a biometric timekeeping device
to track their time worked, which exposed them to serious privacy
risks. Moreover, the Defendant did not inform the Plaintiffs and
others similarly situated in writing of the specific purpose and
length of time for which their handprints were being collected,
obtained, stored, and used, as required by BIPA.
Mr. Gil and Mr. Hernandez were hired by the Defendant as drivers
from 2005 to 2017 and from 2001 to 2018, respectively.
True World Foods Chicago, LLC, is a seafood distributor with its
principal place of business at 950 Chase Ave Elk Grove Village,
Illinois. [BN]
The Plaintiff is represented by:
Ryan F. Stephan, Esq.
James B. Zouras, Esq.
Catherine T. Mitchell, Esq.
STEPHAN ZOURAS LLP
100 N. Riverside Plaza, Suite 2150
Chicago, IL 60606
Telephone: (312) 233-1550
Facsimile: (312) 233-1560
E-mail: rstephan@stephanzouras.com
jzouras@stephanzouras.com
cmitchell@stephanzouras.com
TRUEACCORD CORP: Faces Bryan FDCPA Suit in W.D. North Carolina
--------------------------------------------------------------
A class action lawsuit has been filed against TrueAccord Corp., et
al. The case is styled as Amy R. Bryan individually and on behalf
of all others similarly situated v. TrueAccord Corp., LVNV Funding,
LLC, Case No. 3:20-cv-00158-RJC-DSC (W.D.N.C., March 12, 2020).
The Plaintiff alleges violation of the Fair Debt Collection
Practices Act.
TrueAccord is a digital debt collection agency based in San
Francisco, California.[BN]
The Plaintiff is represented by:
Arthur H. Piervincenti, Esq.
ARHUTR H. PIERVINCENTI, P.A.
631-200B Brawley School Road, Box 225
Mooresville, NC 28117
Phone: (704) 997-9529
Fax: (704) 230-0413
Email: arthur@lawahp.com
TSC SOUTHEAST: Bien-Aime Alleges Race Discrimination
----------------------------------------------------
The case, RICARDO BIEN-AIME, Plaintiff v. TSC SOUTHEAST, LLC,
Defendant, Case No. 1:20-cv-21056-CMA (S.D. Fla., March 10, 2020)
arises from Defendant's alleged unlawful employment practices in
violations of 42 U.S. Code Sec. 1981, Title VII of the Civil Rights
Act of 1964, and the Florida Civil Rights Act of 1992.
Plaintiff, a black male, was first employed by Defendant in June
2017 as construction laborer and remained continuously employed
with Defendant until his constructive termination and demotion
commencing on January 29, 2019.
According to the complaint, Plaintiff was subjected to regular and
pervasive discrimination based upon his race, including racially
derogatory comments, and the ordering of Plaintiff to commit
unlawful, racially discriminatory acts against his fellow black
employees. This happened when Plaintiff was transferred to an
office position under the supervision of Manager Rodolfo Nestor,
who demanded Plaintiff to collect and manufacture derogatory
information against the company's only black supervisor Andrew
Thompson in an attempt to bring about Thompson's termination based
on race.
Moreover, Plaintiff was immediately placed on "Stand-By" on January
29, 2019 when he complained about the offensive and discriminatory
conduct directed towards the company's black people, and was never
contacted by Defendant to return to work in any capacity, thereby
resulting in his constructive termination.
TSC Southeast, LLC is a fully-insured, full-service General
Contractor and a turnkey provider of construction safety solutions,
specializing in the fabrication and installation of temporary and
comprehensive job-site protection packages, as well as providing
safety training and consulting. [BN]
The Plaintiff is represented by:
Darren J. Rousso, Esq.
THE ROUSSO BOUMEL LAW FIRM
9350 South Dixie Highway, Suite 1520
Miami, FL 33156
Tel: (305)670-6669
Fax: (305)670-6663
Email: roussolaw@aol.com
TUPPERWARE BRANDS: Bernstein Announces Securities Class Action
--------------------------------------------------------------
Bernstein Liebhard, a nationally acclaimed investor rights law
firm, announces that a securities class action has been filed on
behalf of investors that purchased or acquired the securities of
Tupperware Brands Corporation (NYSE: TUP) between January 30, 2019
and February 25, 2020, (the "Class Period"). The case was filed in
United States District Court for the Central District of California
and alleges violations of Securities Exchange Act of 1934.
If you purchased Tupperware securities, and/or would like to
discuss your legal rights and options please visit Tupperware
Shareholder Class Action or contact Matthew E. Guarnero toll free
at (877) 779-1414 or MGuarnero@bernlieb.com.
According to the complaint, defendants throughout the Class Period
made false and/or misleading statements and/or failed to disclose
that: (1) Tupperware lacked effective internal controls; (2) as a
result, Tupperware would need to investigate Fuller Mexico's
accounting and liabilities; (3) consequently, Tupperware would be
unable to timely file its annual report on Form 10-K for its fiscal
year 2019; (4) Tupperware did not properly account for its accounts
payable and accrued liabilities at Fuller Mexico; (5) Tupperware
provided overvalued earnings per share guidance; (6) Tupperware
would need relief from its $650 million Credit Agreement; and (7)
as a result, defendants' statements about its business, operations,
and prospects, were materially false and misleading and/or lacked a
reasonable basis at all relevant times.
On February 24, 2020, after the market closed, Tupperware issued a
press release announcing that it was unable to timely file its
annual report for the fiscal year ending December 28, 2019.
Tupperware also announced that its results were affected by
financial reporting issues with Fuller Mexico and that Tupperware
was conducting an "investigation primarily into the accounting for
accounts payable and accrued liabilities at its Fuller Mexico
beauty business[.]" Additionally, "the Company is forecasting a
need for relief concerning its existing leverage ratio covenant in
its $650 million Credit Agreement dated March 29, 2019 [], to avoid
a potential acceleration of the debt, which could have a material
adverse impact on the Company."
On this news, Tupperware's stock price fell $2.61 per share, or
over 45%, to close at $3.11 per share on February 25, 2020.
If you purchased Tupperware securities, and/or would like to
discuss your legal rights and options please visit
https://www.bernlieb.com/cases/tupperwarebrandscorporation-tup-shareholder-class-action-lawsuit-254/apply/
or contact
Matthew E. Guarnero
BERNSTEIN LIEBHARD
Toll Free: (877) 779-1414
E-mail: MGuarnero@bernlieb.com.
If you wish to serve as lead plaintiff, you must move the Court no
later than April 27, 2020. A lead plaintiff is a representative
party acting on behalf of other class members in directing the
litigation. Your ability to share in any recovery doesn't require
that you serve as lead plaintiff. If you choose to take no action,
you may remain an absent class member.
Since 1993, Bernstein Liebhard LLP has recovered over $3.5 billion
for its clients. In addition to representing individual investors,
the Firm has been retained by some of the largest public and
private pension funds in the country to monitor their assets and
pursue litigation on their behalf. As a result of its success
litigating hundreds of lawsuits and class actions, the Firm has
been named to The National Law Journal's "Plaintiffs' Hot List"
thirteen times and listed in The Legal 500 for ten consecutive
years. [GN]
TUPPERWARE BRANDS: Bronstein Files Class Action Lawsuit
-------------------------------------------------------
Bronstein, Gewirtz & Grossman, LLC reminds investors that a class
action lawsuit has been filed against Tupperware Brands Corporation
(TUP) and certain of its officers, on behalf of shareholders who
purchased or otherwise acquired Tupperware securities between
January 30, 2019 and February 24, 2020, both dates inclusive (the
"Class Period"). Such investors are encouraged to join this case by
visiting the firm's site: www.bgandg.com/tup.
This class action seeks to recover damages against Defendants for
alleged violations of the federal securities laws under the
Securities Exchange Act of 1934.
The Complaint alleges that throughout the Class Period, Defendants
made materially false and/or misleading statements and/or failed to
disclose that: (1) Tupperware lacked effective internal controls;
(2) as a result, Tupperware would need to investigate Fuller
Mexico's accounting and liabilities; (3) consequently, Tupperware
would be unable to timely file its annual report on Form 10-K for
its fiscal year 2019; (4) Tupperware did not properly account for
its accounts payable and accrued liabilities at Fuller Mexico; (5)
Tupperware provided overvalued earnings per share guidance; (6)
Tupperware would need relief from its $650 million Credit
Agreement; and (7) as a result, defendants' statements about its
business, operations, and prospects, were materially false and
misleading and/or lacked a reasonable basis at all relevant times.
A class action lawsuit has already been filed. If you wish to
review a copy of the Complaint you can visit the firm's site:
www.bgandg.com/tup or you may contact Peretz Bronstein, Esq. or his
Investor Relations Analyst, Yael Hurwitz of Bronstein, Gewirtz &
Grossman, LLC at 212-697-6484. If you suffered a loss in Tupperware
you have until April 27, 2020 to request that the Court appoint you
as lead plaintiff. Your ability to share in any recovery doesn't
require that you serve as a lead plaintiff.
Bronstein, Gewirtz & Grossman, LLC is a corporate litigation
boutique. Our primary expertise is the aggressive pursuit of
litigation claims on behalf of our clients. In addition to
representing institutions and other investor plaintiffs in class
action security litigation, the firm's expertise includes general
corporate and commercial litigation, as well as securities
arbitration.
Contact:
Bronstein, Gewirtz & Grossman, LLC
Peretz Bronstein
Yael Hurwitz
Tel: 212-697-6484
E-mail: info@bgandg.com
[GN]
TUPPERWARE BRANDS: Kessler Announces Securities Fraud Class Action
------------------------------------------------------------------
The law firm of Kessler Topaz Meltzer & Check, LLP announces that a
securities fraud class action lawsuit has been filed in the United
States District Court for the Central District of California
against Tupperware Brands Corporation (NYSE: TUP) ("Tupperware")
on behalf of those who purchased or otherwise acquired Tupperware
securities between between January 30, 2019 through February 24,
2020, inclusive (the "Class Period").
Important Deadline: Investors who purchased or otherwise acquired
Tupperware securities during the Class Period may, no later than
April 27, 2020, seek to be appointed as a lead plaintiff
representative of the class. For additional information or to learn
how to participate in this litigation please click
https://www.ktmc.com/tupperware-brands-securities-class-action?utm_source=pr&utm_medium=link&utm_campaign=tupperware.
According to the complaint, Tupperware operates as a
direct-to-consumer marketer of various products across a range of
brands and categories in Europe, Africa, the Middle East, the Asia
Pacific, North America, and South America. Tupperware engages in
the manufacture and sale of an array of products for consumers
under the Tupperware brand name. Tupperware also manufactures and
distributes skin and hair care products, cosmetics, bath and body
care, toiletries, fragrances, jewelry, and nutritional products
under several brands, including the Fuller brand.
The Class Period commences on January 30, 2019, when Tupperware
issued a press release announcing its fourth quarter 2018 financial
results. In the press release, Tupperware provided a full-year 2019
guidance of $3.86 to $4.01 GAAP EPS (compared to $3.11 from
full-year 2018).
Then, on February 24, 2020, after market close, Tupperware issued a
press release announcing that Tupperware "will file a Form 12b-25
Notification of Late Filing with the Securities and Exchange
Commission to provide a 15-calendar day extension within which to
file its Form 10-K for the fiscal year ended December 28, 2019."
The press release also announced, in pertinent part, that "[t]he
Company is conducting an investigation primarily into the
accounting for accounts payable and accrued liabilities at its
Fuller Mexico beauty business to determine the extent to which
these matters may further impact results and to assess and enhance
the effectiveness of internal controls at this business." The
press release further announced that Tupperware "is forecasting a
need for relief concerning its existing leverage ratio covenant in
its $650 million Credit Agreement dated March 29, 2019 (the "Credit
Agreement"), to avoid a potential acceleration of the debt, which
could have a material adverse impact on the Company. Approvals have
been received, pending completion of final documentation, from
participating banks to amend the maximum consolidated leverage
(debt-to-EBITDA) in the Credit Agreement for the required relief.
In connection with the amendment, the Company and certain of its
subsidiaries will provide additional collateral and subsidiary
guarantees."
Following this news, Tupperware's stock price fell $2.61 per share,
or over 45%, to close at $3.11 per share on February 25, 2020.
The complaint alleges that, throughout the Class Period, the
defendants made false and/or misleading statements and/or failed to
disclose that: (1) Tupperware lacked effective internal controls;
(2) as a result, Tupperware would need to investigate Fuller
Mexico's accounting and liabilities; (3) consequently, Tupperware
would be unable to timely file its annual report on a Form 10-K for
its fiscal year 2019; (4) Tupperware did not properly account for
its accounts payable and accrued liabilities at Fuller Mexico; (5)
Tupperware provided overvalued earnings per share guidance; (6)
Tupperware would need relief from its $650 million Credit
Agreement; and (7) as a result, the defendants' public statements
were materially false and/or misleading at all relevant times.
If you wish to discuss this securities fraud class action lawsuit
or have any questions concerning this notice or your rights or
interests with respect to this litigation, please contact Kessler
Topaz Meltzer & Check (James Maro, Jr., Esq. or Adrienne Bell,
Esq.) at (844) 877-9500 (toll free) or (610) 667–7706, or via
e-mail at info@ktmc.com.
Tupperware investors may, no later than April 27, 2020, seek to be
appointed as a lead plaintiff representative of the class through
Kessler Topaz Meltzer & Check, or other counsel, or may choose to
do nothing and remain an absent class member. A lead plaintiff is
a representative party who acts on behalf of all class members in
directing the litigation. In order to be appointed as a lead
plaintiff, the Court must determine that the class member's claim
is typical of the claims of other class members, and that the class
member will adequately represent the class. Your ability to share
in any recovery is not affected by the decision of whether or not
to serve as a lead plaintiff.
Kessler Topaz Meltzer & Check prosecutes class actions in state and
federal courts throughout the country involving securities fraud,
breaches of fiduciary duties and other violations of state and
federal law. Kessler Topaz Meltzer & Check is a driving force
behind corporate governance reform, and has recovered billions of
dollars on behalf of institutional and individual investors from
the United States and around the world. The firm represents
investors, consumers and whistleblowers (private citizens who
report fraudulent practices against the government and share in the
recovery of government dollars). The complaint in this action was
not filed by Kessler Topaz Meltzer & Check. For more information
about Kessler Topaz Meltzer & Check, please visit www.ktmc.com.
Contact:
Kessler Topaz Meltzer & Check, LLP
James Maro, Jr., Esq.
Adrienne Bell, Esq.
280 King of Prussia Road
Radnor, PA 19087
Toll Free: (844) 877-9500
Tel: (610) 667-7706
E-mail: info@ktmc.com
[GN]
TUPPERWARE BRANDS: Kirby McInerney Reminds of Class Action Lawsuit
------------------------------------------------------------------
The law firm of Kirby McInerney LLP announces that a class action
lawsuit has been filed in the U.S. District Court for the Central
District of California on behalf of those who acquired Tupperware
Brands Corporation ("Tupperware" or the "Company") (NYSE: TUP)
securities during the period from January 30, 2019 through February
24, 2020. Investors have until April 27, 2020 to apply to the Court
to be appointed as lead plaintiff in the lawsuit.
The lawsuit alleges that the Company failed to disclose that: (i)
Tupperware lacked effective internal controls; (ii) as a result,
Tupperware would need to investigate Fuller Mexico's accounting and
liabilities; (iii) consequently, Tupperware would be unable to
timely file its annual report on Form 10-K for its fiscal year
2019; (iv) Tupperware did not properly account for its accounts
payable and accrued liabilities at Fuller Mexico; (v) Tupperware
provided overvalued earnings per share guidance; and (vi)
Tupperware would need relief from its $650 million Credit
Agreement.
On February 24, 2020, Tupperware announced that it would be unable
to timely file its annual report for the fiscal year ended December
28, 2019. Tupperware also announced that it expects 2019 net
earnings per share "in the range of breakeven to $0.34 versus $3.11
in the prior year[,]" and adjusted EPS of $1.35 to $1.70. The
Company said results were affected by "financial reporting issues"
with Fuller Mexico and that Tupperware is "conducting an
investigation primarily into the accounting for accounts payable
and accrued liabilities at its Fuller Mexico beauty business[.]"
Additionally, "the Company is forecasting a need for relief
concerning its existing leverage ratio covenant in its $650 million
Credit Agreement dated March 29, 2019 [], to avoid a potential
acceleration of the debt, which could have a material adverse
impact on the Company."
On this news, Tupperware's stock price fell $2.61, or 45.6%, to
close at $3.11 per share on February 25, 2020.
If you acquired Tupperware securities, have information, or would
like to learn more about these claims, please contact Thomas W.
Elrod of Kirby McInerney LLP at 212-371-6600, by email at
investigations@kmllp.com, or by filling out this contact form, to
discuss your rights or interests with respect to these matters
without any cost to you.
Kirby McInerney LLP is a New York-based plaintiffs' law firm
concentrating in securities, antitrust, and whistleblower
litigation. The firm's efforts on behalf of shareholders in
securities litigation have resulted in recoveries totaling billions
of dollars. Additional information about the firm can be found at
Kirby McInerney LLP's website: www.kmllp.com.
This press release may be considered Attorney Advertising in some
jurisdictions under the applicable law and ethical rules.
View source version on businesswire.com:
https://www.businesswire.com/news/home/20200228005583/en/
Contact:
Kirby McInerney LLP
Thomas W. Elrod, Esq.
Tel: (212) 371-6600
E-mail: investigations@kmllp.com
Web site: http://www.kmllp.com/
[GN]
TUPPERWARE BRANDS: Levi & Korsinsky Announces Class Action Lawsuit
------------------------------------------------------------------
Levi & Korsinsky, LLP announces that a class action lawsuit has
commenced on behalf of shareholders of publicly-traded Tupperware
Brands Corporation (TUP). Shareholders interested in serving as
lead plaintiff have until the deadlines listed to petition the
court. Further details about the cases can be found at the links
provided. There is no cost or obligation to you.
TUP Shareholders Click Here:
https://www.zlk.com/pslra-1/tupperware-brands-corporation-loss-form?prid=5533&wire=1
Tupperware Brands Corporation (TUP)
TUP Lawsuit on behalf of: investors who purchased January 30,
2019 - February 24, 2020
Lead Plaintiff Deadline : April 27, 2020
TO LEARN MORE, VISIT:
https://www.zlk.com/pslra-1/tupperware-brands-corporation-loss-form?prid=5533&wire=1
According to the filed complaint, during the class period,
Tupperware Brands Corporation made materially false and/or
misleading statements and/or failed to disclose that: (1)
Tupperware lacked effective internal controls; (2) as a result,
Tupperware would need to investigate the accounting and liabilities
of one of its brands, Fuller Mexico; (3) consequently, Tupperware
would be unable to timely file its annual report on Form 10-K for
its fiscal year 2019; (4) Tupperware did not properly account for
its accounts payable and accrued liabilities at Fuller Mexico; (5)
Tupperware provided overvalued earnings per share guidance; (6)
Tupperware would need relief from its $650 million Credit
Agreement; and (7) as a result, defendants' public statements were
materially false and/or misleading at all relevant times.
You have until the lead plaintiff deadlines to request that the
court appoint you as lead plaintiff. Your ability to share in any
recovery doesn't require that you serve as a lead plaintiff.
Levi & Korsinsky is a national firm with offices in New York,
California, Connecticut, and Washington D.C. The firm's attorneys
have extensive expertise and experience representing investors in
securities litigation and have recovered hundreds of millions of
dollars for aggrieved shareholders.
Contact:
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
55 Broadway, 10th Floor
New York, NY 10006
E-mail: jlevi@levikorsinsky.com
Tel: (212) 363-7500
Fax: (212) 363-7171
http://www.zlk.com/
[GN]
TUPPERWARE BRANDS: Rosen Files Class Action Lawsuit
---------------------------------------------------
Rosen Law Firm, a global investor rights law firm, announces it has
filed a class action lawsuit on behalf of purchasers of the
securities of Tupperware Brands Corporation (NYSE: TUP) between
January 30, 2019 and February 24, 2020, inclusive (the "Class
Period"). The lawsuit seeks to recover damages for Tupperware
investors under the federal securities laws.
To join the Tupperware class action, go to
http://www.rosenlegal.com/cases-register-1787.htmlor call Phillip
Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or
cases@rosenlegal.com for information on the class action.
advertisement
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS
IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN
ONE. YOU MAY RETAIN COUNSEL OF YOUR CHOICE. YOU MAY ALSO REMAIN AN
ABSENT CLASS MEMBER AND DO NOTHING AT THIS POINT. AN INVESTOR'S
ABILITY TO SHARE IN ANY POTENTIAL FUTURE RECOVERY IS NOT DEPENDENT
UPON SERVING AS LEAD PLAINTIFF.
According to the lawsuit, defendants throughout the Class Period
made false and/or misleading statements and/or failed to disclose
that: (1) Tupperware lacked effective internal controls; (2) as a
result, Tupperware would need to investigate Fuller Mexico's
accounting and liabilities; (3) consequently, Tupperware would be
unable to timely file its annual report on Form 10-K for its fiscal
year 2019; (4) Tupperware did not properly account for its accounts
payable and accrued liabilities at Fuller Mexico; (5) Tupperware
provided overvalued earnings per share guidance; (6) Tupperware
would need relief from its $650 million Credit Agreement; and (7)
as a result, defendants' statements about its business, operations,
and prospects, were materially false and misleading and/or lacked a
reasonable basis at all relevant times.
A class action lawsuit has already been filed. If you wish to serve
as lead plaintiff, you must move the Court no later than April 27,
2020. A lead plaintiff is a representative party acting on behalf
of other class members in directing the litigation. If you wish to
join the litigation, go to
http://www.rosenlegal.com/cases-register-1787.htmlor to discuss
your rights or interests regarding this class action, please
contact Phillip Kim, Esq. of Rosen Law Firm toll free at
866-767-3653 or via e-mail at pkim@rosenlegal.com or
cases@rosenlegal.com.
Follow us for updates on LinkedIn:
https://www.linkedin.com/company/the-rosen-law-firm or on Twitter:
https://twitter.com/rosen—firm or on Facebook:
https://www.facebook.com/rosenlawfirm.
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm was Ranked No. 1
by ISS Securities Class Action Services for number of securities
class action settlements in 2017. The firm has been ranked in the
top 3 each year since 2013. Rosen Law Firm has secured hundreds of
millions of dollars for investors.
Contact:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40thFloor
New York, NY 10016
[GN]
TUPPERWARE BRANDS: Wolf Haldenstein Files Securities Class Action
-----------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP announces that a federal
securities class action lawsuit has been filed against Tupperware
Brands Corporation (NYSE: TUP) in the United States District Court
for the Central District of California on behalf of those who
purchased or acquired the securities of Tupperware between January
30, 2019 and February 24, 2020, inclusive (the "Class Period").
All investors who purchased shares of Tupperware Brands Corporation
and incurred losses are urged to contact the firm immediately at
classmember@whafh.com or (800) 575-0735 or (212) 545-4774. You may
obtain additional information concerning the action or join the
case on our website, www.whafh.com.
If you have incurred losses in the shares of Tupperware Brands
Corporation, you may, no later than April 27, 2020, request that
the Court appoint you lead plaintiff of the proposed class. Please
contact Wolf Haldenstein to learn more about your rights as an
investor in the shares of Tupperware Brands Corporation
The filed Complaint alleges that Defendants made false and/or
misleading statements and/or failed to disclose that:
Tupperware lacked effective internal controls;
as a result, Tupperware would need to investigate Fuller
Mexico's accounting and liabilities;
consequently, Tupperware would be unable to timely file its
annual report on Form 10-K for its fiscal year 2019;
Tupperware did not properly account for its accounts payable
and accrued liabilities at Fuller Mexico;
Tupperware provided overvalued earnings per share guidance;
Tupperware would need relief from its $650 million Credit
Agreement; and
as a result, Defendants' statements about its business,
operations, and prospects, were materially false and
misleading and/or lacked a reasonable basis at all
relevant times.
On February 24, 2020, after the market closed, Tupperware issued a
press release announcing preliminary financial results for fiscal
2019. The Company disclosed an "investigation primarily into the
accounting for accounts payable and accrued liabilities at its
Fuller Mexico beauty business" and estimated that the pre-tax
impact of these issues would be approximately $50 million to $52
million. Moreover, due to the investigation, Tupperware stated that
it could not timely file its annual report on Form 10-K for fiscal
2019.
The Company said it expected 2019 net earnings per share "in the
range of breakeven to $0.34 versus $3.11 in the prior year," and
adjusted EPS of $1.35 to $1.70, which is below consensus estimates
of $2.79. Finally, Tupperware expected "a need for relief
concerning its existing leverage ratio covenant in its $650 million
Credit Agreement."
On this news, Tupperware's stock price fell $2.61 per share, or
over 45%, to close at $3.11 per share on February 25, 2020.
Wolf Haldenstein has extensive experience in the prosecution of
securities class actions and derivative litigation in state and
federal trial and appellate courts across the country. The firm
has attorneys in various practice areas; and offices in New York,
Chicago and San Diego. The reputation and expertise of this firm
in shareholder and other class litigation has been repeatedly
recognized by the courts, which have appointed it to major
positions in complex securities multi-district and consolidated
litigation.
If you wish to discuss this action or have any questions regarding
your rights and interests in this case, please immediately contact
Wolf Haldenstein by telephone at (800) 575-0735, via e-mail at
classmember@whafh.com, or visit our website at www.whafh.com
Contact:
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
Kevin Cooper, Esq.
Gregory Stone, Director of Case and Financial Analysis
E-mail: gstone@whafh.co
kcooper@whafh.com
classmember@whafh.com
Tel: (800) 575-0735
(212) 545-4774
[GN]
TWO TOWNS CIDERHOUSE: Falsely Advertises Drinks, Winters Claims
---------------------------------------------------------------
Richard Winters, individually, and on behalf of other members of
the general public similarly situated v. TWO TOWNS CIDERHOUSE INC.,
Case No. 3:20-cv-00468-BAS-BGS (S.D. Cal., March 12, 2020), is
brought for damages, injunctive relief and other remedies for
violations of the Unfair Competition Law and the Unfair Competition
Law.
These listed drink products were advertised as containing no
artificial flavors when they in fact contained artificial Malic
Acid: Bright Cider; Easy Squeezy; Pacific Pineapple; Made Marion;
Ginja Ninja; Outcider, the Plaintiff alleges.
The action results from the illegal actions of the Defendant in
intentionally labeling its drink products with false and misleading
claims that they contain no artificial flavor, when the Defendant's
products contain artificial Malic Acid. Malic Acid is a common food
additive associated with tart and sour flavors.
The Plaintiff purchased many of the Products.
The Defendant manufactures, advertises, markets, sells, and
distributes apple cider products throughout California and the
United States under the brand name 2 Towns Cider.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367
Phone: (323) 306-4234
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
abacon@toddflaw.com
UNITED PARCEL: Workers Seek Unpaid Wages for Off-the-Clock Work
---------------------------------------------------------------
Lalynda Hedges, Zyaire Simmons and all others similarly situated,
Plaintiff, v. United Parcel Service of America, Inc., Defendants,
Case No. 20-cv-00870 (E.D. N.Y., February 18, 2020), seeks to
recover unpaid minimum wages, regular and overtime wages and
damages for failure to provide accurate wage statements under the
Fair Labor Standards Act and the New York Labor Law.
UPS operates an international parcel delivery service where Hedges
and Simmons worked as seasonal helpers during the 2019 peak season
on November 1, 2019. They claim to be not paid for the time that
they were required to await dispatch following the start of their
shift, the time they worked following dispatch while in transit to
their first delivery, or worked while in transit back to their
assigned facility following their last delivery. [BN]
The Plaintiff is represented by:
Benjamin N. Dictor, Esq.
EISNER & DICTOR, P.C.
39 Broadway, Ste. 1540
New York, NY 10006
Tel. (212) 473-8700
Fax. (212) 473-8705
Email: ben@eisnerdictor.com
- and -
Nathaniel K. Charny, Esq.
CHARNY & WHEELER P.C.
9 West Market Street
Rhinebeck, NY 12572
Tel. (845) 876-7500
Fax. (845) 876-7501
Email: ncharny@charnywheeler.com
UNIVERSITY OF MICHIGAN: Sued over Dr. Anderson's Sexual Misconduct
------------------------------------------------------------------
JOHN DOE, individually and on behalf of all others similarly
situated, Plaintiff v. UNIVERSITY OF MICHIGAN and THE REGENTS OF
THE UNIVERSITY OF MICHIGAN, Defendants, Case No.
2:20-cv-10629-LVP-DRG (E.D. Minn., March 9, 2020) is a class action
against the Defendants for failure to protect the health and safety
of male student-athletes at the University of Michigan.
According to the complaint, the Defendants failed to implement and
enforce appropriate policies and procedures to prevent, and
properly respond to the sexual assault complaints of male
student-athletes against athletic physician Dr. Robert E. Anderson.
As a result of the Defendants' conduct, Plaintiff and Class members
suffered and continue to suffer severe emotional and physical pain,
including shock, emotional distress, and physical manifestations of
emotional distress.
University of Michigan is a public university organized and
existing under the laws of the State of Michigan. [BN]
The Plaintiff is represented by:
E. Powell Miller, Esq.
Sharon S. Almonrode, Esq.
THE MILLER LAW FIRM P.C.
950 W. University Dr., Suite 30
Rochester, MI 48307
Telephone: (248) 843-0997
Facsimile: (248) 652-2852
E-mail: epm@millerlaw.com
ssa@millerlawpc.com
- and -
Jonathan D. Selbin, Esq.
Annika K. Martin, Esq.
Patrick I. Andrews, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN LLP
250 Hudson Street, 8th fl.
New York, NY 10013
Telephone: (212) 355-9500
E-mail: akmartin@lchb.com
jselbin@lchb.com
pandrews@lchb.com
- and -
Joseph Sauder, Esq.
SAUDER SCHELKOPF LLC
1109 Lancaster Avenue
Berwyn, PA 19312
Telephone: (888) 711-9975
E-mail: jgs@sstriallawyers.com
URGENT TEAM: Hughes Seeks OT, Off-the-Clock Work Pay for Nurses
---------------------------------------------------------------
CAROL HUGHES, individually and on behalf of all others similarly
situated, Plaintiff v. URGENT TEAM MANAGEMENT, LLC and URGENT TEAM
MANAGEMENT OF ARKANSAS, LLC, Defendants, Case No. 4:20-cv-00268-LPR
(E.D. Ark., March 12, 2020) is a class action against the
Defendants for violations of the Fair Labor Standards Act and the
Arkansas Minimum Wage Act including failing to compensate the
Plaintiff and all others similarly-situated overtime premium for
all hours worked in excess of 40 hours in a week and failing to pay
them for time spent working off the clock filling out patient
charts.
The Plaintiff was employed by Defendants as an hourly-paid Advance
Practice Registered Nurse at one of its urgent care clinics located
in the Central Division of the Eastern District of Arkansas from
July of 2017 until February of 2020.
Urgent Team Management, LLC is an owner and operator of urgent care
clinics in Arkansas, Tennessee and Mississippi. It is headquartered
at 2908 Poston Avenue, Nashville, Tennessee.
Urgent Team Management of Arkansas, LLC is a healthcare services
provider located at 300 South Spring Street, Little Rock, Arkansas.
[BN]
The Plaintiff is represented by:
Courtney Lowery, Esq.
Josh Sanford, Esq.
SANFORD LAW FIRM PLLC
650 South Shackleford, Suite 411
Little Rock, AK 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: courtney@sanfordlawfirm.com
josh@sanfordlawfirm.com
WILLIGREEN CORPORATION: Smith Sues Over Unpaid Overtime Wages
-------------------------------------------------------------
William Lee Smith and Angela Hamal, individually and on behalf of
all others similarly situated v. WILLIGREEN CORPORATION D/B/A CAMPO
VERDE AND JAMES H. WILLIAMS, Case No. 4:20-cv-00231-P (N.D. Tex.,
March 12, 2020), is brought against the Defendants pursuant to the
Fair Labor Standards Act for unpaid overtime wages.
The Plaintiffs typically worked approximately six days per week,
and 65 to 70 hours a week for the Defendants' benefit. Plaintiff
Hamal was not paid the minimum wage for all hours worked on her
last day of employment. The Plaintiffs were not paid overtime for
all of the hours they worked over 40 in a workweek, says the
complaint.
The Plaintiffs worked for Campo Verde and Williams in the kitchen.
Willigreen Corporation, D/B/A Campo Verde, is a local company that
operates Campo Verde Mexican & American Cuisine restaurant in
Arlington, Texas.[BN]
The Plaintiffs are represented by:
Lantis G. Roberts, Esq.
THE LAW OFFICE OF LANTIS G. ROBERTS, PLLC
1166 West Pioneer Parkway
Arlington, TX 76013
Phone: (817) 768-1819
Fax: (817) 704-4529
Email: Lantis@kreativelaw.com
WOOD DALE MEMORY: Illegally Collects Handprints, McClain et al Say
------------------------------------------------------------------
PATRICIA MCCLAIN and VERONICA EDWARDS, individually and on behalf
of all others similarly situated, Plaintiffs v. WOOD DALE MEMORY
CARE, INC. d/b/a THE RADCLIFF, Defendant, Case No. 2020L000280
(Ill. 18th Cir., DuPage Cty., March 6, 2020) is a class action
complaint brought against Defendant for its alleged violation of
the Biometric Information Privacy Act.
According to the complaint, instead of using only key fobs or other
identification cards, Plaintiffs and other employees of Defendant
were required to scan their fingerprint in its biometric time
tracking system as a means of authentication.
Moreover, Defendant disregarded its employees' statutorily
protected privacy rights by failing to:
-- properly inform their employees, including Plaintiffs, in
writing of the specific purpose and length of time for which their
handprints were being collected, stored, and used;
-- provide a publicly available retention schedule and
guidelines for permanently destroying their handprints;
-- receive a written release from them to collect, capture, or
otherwise obtain handprints.
Plaintiffs seek to put a stop to Defendant's unlawful conduct,
statutory damages of $1,000 for each of Defendant's violations,
injunctive and equitable relief, reasonable litigation expenses and
attorneys' fees, pre- and post-judgment interest, and other further
relief as equity and justice may require.
Wood Dale Memory Care, Inc. d/b/a The Radcliff is a senior living
facility which offers multiple care levels for their residents,
such as Assisted Living and Memory Care. [BN]
The Plaintiffs are represented by:
David Fish, Esq.
THE FISH LAW FIRM, P.C.
200 East Fifth Ave., Ste. 123
Naperville, IL 60563
Tel: 630-355-7590
Fax: 630-778-0400
Email: admin@fishlawfirm.com
WORLD WRESTLING: Faces Szaniawski Securities Suit in New York
-------------------------------------------------------------
Paul Szaniawski, Individually and on Behalf of All Others Similarly
Situated v. WORLD WRESTLING ENTERTAINMENT, INC., VINCENT K.
McMAHON, GEORGE A. BARRIOS and MICHELLE D. WILSON, Case No.
1:20-cv-02223 (S.D.N.Y., March 12, 2020), is brought against the
Defendants for their violations of securities laws.
The lawsuit is brought on behalf of a class consisting of all
persons other than the Defendants, who purchased or otherwise
acquired WWE securities between February 7, 2019, and February 5,
2020, both dates inclusive, seeking to recover damages caused by
the Defendants' violations of the federal securities laws and to
pursue remedies under the Securities Exchange Act of 1934 against
the Company and certain of its top officials.
In recent years, WWE entered into important strategic relationships
with the Kingdom of Saudi Arabia, which the Company viewed as a
critical emerging market and key to the Company's growth plans and
financial success in the face of flagging domestic fan engagement.
WWE and its management faced blowback from fans and the media for
their willingness to work with the Saudis, given the human rights
abuses, denial of equal rights to women and minorities, and
autocratic policies imposed during the reign of King Salman bin
Abdulaziz Al Saud and his son, Crown Prince Mohammad bin Salman bin
Abdulaziz Al Saud.
Controversially, the Plaintiff notes, WWE decided to proceed with a
scheduled live event in Saudi Arabia, Crown Jewel, on November 2,
2018, soon after the killing. Unbeknownst to investors, the events
in late 2018 fomented simmering tensions between WWE and the Saudi
government. By at least early 2019, tensions in the relationship
between WWE and the Saudi government had reached a breaking point.
The Saudi government had refused to make millions of dollars in
payments owed to WWE, according to the complaint.
Throughout the Class Period, rather than disclose these adverse
developments, the Defendants represented that WWE had continued to
bolster its relationship with Saudi Arabia and was making
significant progress on the renewal of the critical media agreement
and its business initiatives in the country, the Plaintiff
contends. The Plaintiff adds that the Defendants are liable for:
(i) making false statements; or (ii) failing to disclose adverse
facts known to them about WWE.
The Plaintiff asserts that the Defendants' fraudulent scheme and
course of business that operated as a fraud or deceit on purchasers
of WWE securities was a success, as it: (i) deceived the investing
public regarding WWE's business and prospects; (ii) artificially
inflated the price of WWE securities; (iii) permitted certain
senior executives of WWE to sell more than $282 million worth of
their personally held shares of Company stock at fraud inflated
prices; and (iv) caused the Plaintiff and other members of the
Class to purchase WWE securities at artificially inflated prices.
On April 25, 2019, the Company disclosed disappointing financial
results and fiscal guidance, which several analysts connected to
potential hiccups in the Company's dealings with the Saudis. While
the Defendants insisted that negotiations were proceeding smoothly
and nearing completion, this illusion was shattered on October 31,
2019. Then, on January 30, 2020, WWE revealed that two of its
longest serving senior executives--Defendants George A. Barrios and
Michelle D. Wilson--had been unceremoniously ousted. Shortly
thereafter, on February 6, 2020, WWE again disclosed disappointing
financial performance due to its failure to secure a favorable
broadcasting deal with the Saudis and revealed that the vaunted
Saudi media rights deal had been completely excised from the
Company's financial forecasting.
As a result of these disclosures, the price of WWE stock plummeted
from a Class Period high of more than $100 per share to as low as
$40.24 per share on February 6, 2020, representing a stunning 60%
share price decline. However, the Plaintiff contends, the Company's
most senior executives--including each of the Individual
Defendants--took advantage of WWE's inflated stock price to sell
millions of dollars' worth of their own WWE shares during the Class
Period. In a single stock sale, WWE's Chief Executive Officer,
Defendant Vincent K. McMahon, sold more than 3.2 million WWE shares
for over $261 million in gross insider trading proceeds.
The sale occurred on March 27, 2019, with only a few days left in
the Company's disappointing 2019 first quarter and despite growing
behind-the-scenes problems with the Saudis. Outside investors were
not so fortunate, suffering hundreds of millions of dollars in
losses and economic damages under the federal securities laws as
the price of WWE stock collapsed when the truth finally began to be
revealed over time, says the complaint.
The Plaintiff purchased WWE securities at inflated prices.
WWE engages in the sports entertainment business in North America,
Europe, the Middle East, Africa, the Asia Pacific, and Latin
America.[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Phone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Phone: (312) 377-1181
Facsimile: (312) 377-1184
Email: pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Phone: (212) 697-6484
Facsimile: (212) 697-7296
Email: peretz@bgandg.com
WORLDWIDE RECYCLING: Pena Sues over Unpaid OT and Discrimination
----------------------------------------------------------------
ADDIEL PENA, and other similarly situated employees, Plaintiff v.
WORLDWIDE RECYCLING CORP., A Florida Profit Corporation, ANDRES C.
TICONA, individually, and MARIA FERNANDEZ, individually, Defendant,
Case no. 104579520 (Fla. 11th Cir., Miami Dade Cty., March 9, 2020)
seeks damages against Defendants for their alleged violation of the
Fair Labor Standards Act, discriminatory treatment and retaliation
under the Florida Civil Rights Act of 1992 and the American with
Disabilities Act of 1990, and wrongful retaliatory discharge of an
employee in violation of Section 440.205 of the Florida Statutes.
According to the complaint, Plaintiff was employed by Defendants as
a non-exempt driver from on or about September 2016 to on or about
May 7, 2019 and has been working 10-14 hours overtime per week.
However, Defendants failed to adequately compensate Plaintiff at
the proper, statutory wages set by the FLSA and to record or
otherwise maintain adequate records of Plaintiff's works.
Moreover, Defendants failed to provide Plaintiff's request of
medical care and accommodation of light work when Plaintiff had
back and legs injury caused by vehicular accident while on a
delivery duty for Defendant on or about February 5, 2019. Instead,
Plaintiff was terminated by Defendant on or about May 7, 2019 when
he complained.
Defendants Andres C. Ticona and Maria Fernandez are corporate
officers of Worldwide Recycling Corp. and both exercised
operational control over the activities of the company
Worldwide Recycling Corp. is a licensed and bonded freight shipping
and trucking company running freight hauling business from Miami,
Florida.
The Plaintiff is represented by:
Jason S. Remer, Esq.
Elizabeth Carlin, Esq.
REMER & GEORGES-PIERRE, PLLC
Courthouse Tower
44 West Flagler Street, Suite 2200
Miami, FL 33130
Tel: (305)416-5000
Fax: (305)416-5005
Emails: jremer@rgpattorneys.com
ecarlin@rgpattorneys.com
WRI PROPERTY: Breaches Rental Agreements, Zavaleta et al. Claim
---------------------------------------------------------------
JUANA ZAVALETA, MARYBELLA MARINEZ and BEATRIZ RUIZ, individually
and on behalf of all others similarly situated, Plaintiffs v. WRI
PROPERTY MANAGEMENT, LLC and RESICAP, LLC, Defendants, Case No.
2020CH02834 (Ill. Cir., Cook Cty., March 6, 2020) is a class action
against the Defendants for violations of the City of Chicago
Residential Landlord and Tenant Ordinance, Municipal Code Title 5,
Chapter 12, including failure to attach to Plaintiffs' and the
class members' written rental agreements a copy of the then current
RLTO summary, failure to hold Plaintiffs' and the class members'
security deposits in an interest bearing account, and failure to
disclose in the written rental agreements the name and address of
the financial institution into which their security deposits would
be deposited.
WRI Property Management, LLC is an Atlanta, Georgia-based provider
of property management services.
Resicap, LLC is an integrated solution provider for institutional
owners of single-family residential assets in the United States.
[BN]
The Plaintiff is represented by:
Jeffrey Sobek, Esq.
JS LAW
29 E. Madison Street, Suite 1000
Chicago, IL 60602
Telephone: (312) 756-1330
E-mail: jeffs@jsslawoffices.com
XPRESS WEB: Hanson Sues over Robocalls
--------------------------------------
The case, DIANA HANSON, individually and on behalf of all others
similarly-situated v. XPRESS WEB MARKETING, Defendant, Case No.
3:20-cv-00448-CAB-LL (S.D. Cal., March 10, 2020), arises from the
Defendant's violations of the Telephone Consumer Protection Act.
The Plaintiff, on behalf of herself and all others
similarly-situated consumers, alleges that the Defendant contacted
her cellular phone number without prior consent using an automatic
telephone dialing system in an attempt to market its services.
Xpress Web Marketing is an online advertising company with
principal place of business in Boynton Beach, Florida. [BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Telephone: (323) 306-4234
Facsimile: (866) 633-0228
E-mail: tfriedman@toddflaw.com
abacon@toddflaw.com
ZM INVESTMENTS: Pays Servers Subminimum Hourly Wages, Rhone Says
----------------------------------------------------------------
Kalvin Rhone, individually and on behalf of all others similarly
situated v. ZM Investments, LLC d/b/a Mercury Chophouse and
Abdelhamid Moutaouakil, Case No. 4:20-cv-00228-P (N.D. Tex., March
11, 2020), is brought against the Defendants for violations of the
Fair Labor Standards Act.
According to the complaint, the Defendants have a policy and
practice of paying all their employee servers, including the
Plaintiff, subminimum hourly wages under the tip credit provisions
of the FLSA. However, the Defendants failed to follow federal law
and violated the FLSA--an affirmative defense--in that the
Defendants unlawfully failed to inform Plaintiff of the tip credit;
did not allow the Plaintiff to retain all of their tips; and
requiring the Plaintiff to contribute a portion of their tips to an
illegal tip pool.
The Defendants' illegal practices in violation of the FLSA have
resulted in a forfeiture of the "tip credit." Consequently, the
Defendants are liable to the Plaintiff for the full minimum wage
for every hour worked during the statutory time period plus all
other statutory damages provided for under the FLSA, says the
complaint.
The Plaintiff was employed by the Defendants as a server.
The Defendant operates a restaurant commonly known as Mercury
Chophouse located in Fort Worth, Texas.[BN]
The Plaintiff is represented by:
Drew N. Herrmann, Esq.
Pamela G. Herrmann, Esq.
HERRMANN LAW, PLLC
801 Cherry St., Suite 2365
Fort Worth, TX 76102
Phone: 817-479-9229
Fax: 817-887-1878
Email: drew@herrmannlaw.com
pamela@herrmannlaw.com
[*] Retailers Face Class Actions Over Loyalty Auto Renewals
-----------------------------------------------------------
The law firm Bryan Cave Leighton Paisner indicated in an article
that retailers are being targeted by class action lawsuits alleging
that automatic renewal of loyalty programs requiring an annual fee
violates California law. In the past year and a half, more than
100 lawsuits have been filed alleging violation of California's
Automatic Renewal Law, or ARL.1
The ARL took effect July 1, 2018 and prohibits automatic renewal of
subscription or service fees without first presenting consumers
with certain terms, and obtaining their affirmative consent.2
Retailers therefore should ensure that prior to charging a consumer
a loyalty program fee, they should:
* Obtain affirmative consent of the consumer to "automatic
renewal offer terms" that are presented in a "clear and
conspicuous" manner.
* Automatic renewal offer terms include (1) that the subscription
will continue until the consumer cancels; (2) the description of
the cancellation policy that applies; (3) the recurring charges
that will be charged as part of the automatic renewal, and that the
amount of the charge may change, if that is the case, and the
amount to which the charge will change, if known; (4) the length of
the automatic renewal term, unless the length of the term is chosen
by the consumer; and (5) the minimum purchase obligation, if any.
* "Clear and conspicuous" means in larger type than the
surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding
text of the same size by symbols or other marks, in a manner that
clearly calls attention to the language.
In addition, retailers should also do the following:
* Provide an acknowledgment that includes the automatic renewal
offer terms, cancellation policy, and information regarding how to
cancel in a manner that is capable of being retained by the
consumer. This acknowledgment can be sent following the consumer's
entry into the loyalty program.
* Provide a toll-free telephone number, electronic mail address,
postal address if the retailer directly bills the consumer, or
another cost-effective, timely, and easy-to-use mechanism for
cancellation that is described in the automatic renewal terms.
* If a consumer can accept the automatic renewal terms online,
they must be allowed to terminate the automatic renewal online.8
This may include a termination email formatted and provided by the
retailer that the consumer can send to the retailer without
additional information.
* If there is a material change in the automatic renewal terms,
the retailer must provide consumers with a clear and conspicuous
notice prior to the change, and information on how to cancel the
subscription.
* If the loyalty program includes a free gift or trial, the terms
must disclose how to cancel, and allow the consumer to cancel,
before the consumer is charged for the free gift or trial, the
price that will be charged after the trial ends or,the manner in
which the subscription or purchasing agreement pricing will change
upon conclusion of the trial.
Any goods are services provided without first obtaining affirmative
consent to these terms will be considered under the law as a gift
to the consumer. Violation of the ARL can also require restitution
of the amounts paid.
BCLP said it has has extensive experience advising its clients as
to advertising and marketing, including as to compliance of loyalty
programs with applicable laws. For questions or more information,
one may contact them. [GN]
Asbestos Litigation
ASBESTOS UPDATE: Corning Had $98-Mil. Non-PCC Reserves at Dec. 31
-----------------------------------------------------------------
Corning Incorporated's reserve for asbestos claims that are
unrelated to Pittsburgh Corning Corporation ("PCC") was US$98
million at December 31, 2019, according to the Company's Form 10-K
filing with the U.S. Securities and Exchange Commission for the
fiscal year ended December 31, 2019.
The Company states, "Corning is a defendant in certain cases
alleging injuries from asbestos unrelated to PCC (the "non-PCC
asbestos claims") which had been stayed pending the confirmation of
the Plan. The stay was lifted on August 25, 2016.
"At December 31, 2019 and 2018, the amount of the reserve for these
non-PCC asbestos claims was estimated to be US$98 million and
US$146 million, respectively. The change in reserve reflects
post-stay claim experience and a reduction in expected defense
costs. The reserve balance as of December 31, 2019 represents the
undiscounted projection of claims and related legal fees for the
estimated life of the litigation."
A full-text copy of the Form 10-K is available at
https://is.gd/p3XnRl
ASBESTOS UPDATE: Ingersoll-Rand Still Faces Claims at December 31
-----------------------------------------------------------------
More than 73 percent of the open and active asbestos-related claims
against Ingersoll-Rand Public Limited Company at December 31, 2019,
are non-malignant or unspecified disease claims, according to the
Company's Form 10-K filing with the U.S. Securities and Exchange
Commission for the fiscal year ended December 31, 2019.
The Company states, "Certain wholly-owned subsidiaries and former
companies of ours are named as defendants in asbestos-related
lawsuits in state and federal courts. In virtually all of the
suits, a large number of other companies have also been named as
defendants. The vast majority of those claims have been filed
against either Ingersoll-Rand Company or Trane U.S. Inc. (Trane)
and generally allege injury caused by exposure to asbestos
contained in certain historical products sold by Ingersoll-Rand
Company or Trane, primarily pumps, boilers and railroad brake
shoes. None of our existing or previously-owned businesses were a
producer or manufacturer of asbestos.
"The Company engages an outside expert to perform a detailed
analysis and project an estimated range of the Company's total
liability for pending and unasserted future asbestos-related
claims. In accordance with ASC 450, the Company records the
liability at the low end of the range as it believes that no amount
within the range is a better estimate than any other amount.
Asbestos-related defense costs are excluded from the liability and
are recorded separately as services are incurred.
"At December 31, 2019, over 73 percent of the open and active
claims against the Company are non-malignant or unspecified disease
claims. In addition, the Company has a number of claims which have
been placed on inactive or deferred dockets and expected to have
little or no settlement value against the Company."
A full-text copy of the Form 10-K is available at
https://is.gd/c46KGu
ASBESTOS UPDATE: Shareholder Drops Appeal of J&J Derivative Suit
----------------------------------------------------------------
Johnson & Johnson disclosed in its Form 10-K filing with the U.S.
Securities and Exchange Commission for the fiscal year ended
December 29, 2019, that a shareholder has voluntarily dropped, with
prejudice, his appeal from the U.S. District Court for the District
of New Jersey's dismissal of the shareholder derivative lawsuit
filed against the Company related to asbestos matters.
The Company also disclosed that four additional shareholder
derivative lawsuits have been filed in New Jersey making similar
allegations against the Company and its current directors and
certain officers.
The Company states, "In October 2018, a shareholder derivative
lawsuit was filed against Johnson & Johnson as the nominal
defendant and its current directors as defendants in the United
States District Court for the District of New Jersey, alleging a
breach of fiduciary duties related to the alleged asbestos
contamination in body powders containing talc, primarily
JOHNSON'S(R) Baby Powder, and that Johnson & Johnson has suffered
damages as a result of those alleged breaches.
"In June 2019, the shareholder filed an additional complaint
initiating a summary proceeding in New Jersey state court for a
books and records inspection.
"In August 2019, Johnson & Johnson responded to the books and
records complaint and filed a cross motion to dismiss.
"In September 2019, Plaintiff replied and the Court heard oral
argument. The Court has not yet ruled in the books and records
action.
"In September 2019, the United States District Court for the
District of New Jersey granted defendants' motion to dismiss the
shareholder derivative lawsuit, and dismissed the complaint without
prejudice.
"In October 2019, the shareholder filed a notice of appeal with the
United States Court of Appeals for the Third Circuit.
"In January 2020, the shareholder voluntarily dismissed his appeal,
with prejudice. Four additional shareholder derivative lawsuits
have been filed in New Jersey making similar allegations against
the Company and its current directors and certain officers."
A full-text copy of the Form 10-K is available at
https://is.gd/l2gGon
ASBESTOS UPDATE: Standard Motor's Appeal in Calif. Lawsuit Pending
------------------------------------------------------------------
Standard Motor Products, Inc. disclosed in its Form 10-K filing
with the U.S. Securities and Exchange Commission for the fiscal
year ended December 31, 2019, that it is still "pursuing all rights
of appeal" in an asbestos liability case in California wherein the
Company was found liable for US$7.6 million in compensatory
damages.
The Company states, "As related to our potential asbestos-related
liability, in 2018, we were a defendant in an asbestos liability
case in California, in which we were found liable for US$7.6
million in compensatory damages. We are pursuing all rights of
appeal of this case. During the fourth quarter of 2018, our
actuarial firm revised the results of its August 31, 2018 study.
Based upon the results of the revised actuarial study, in December
2018, we increased our asbestos liability to US$46.7 million and
recorded an incremental pre-tax provision of US$10.1 million in
earnings (loss) from discontinued operations.
"In accordance with our policy to perform an annual actuarial
evaluation in the third quarter of each year, an updated actuarial
study was performed as of August 31, 2019. The results of the
August 31, 2019 study included an estimate of our undiscounted
liability for settlement payments and awards of asbestos-related
damages, excluding legal costs and any potential recovery from
insurance carriers, ranging from US$52 million to US$90.6 million
for the period through 2064. The change from the revised prior
year study, which was performed in the fourth quarter of 2018, was
a US$5.3 million increase for the low end of the range and a US$6.7
million increase for the high end of the range. The increase in
the estimated undiscounted liability from the revised prior year
study at both the low end and high end of the range reflects our
actual experience, our historical data and certain assumptions with
respect to events that may occur in the future. Based upon the
results of the August 31, 2019 actuarial study, we increased our
asbestos liability to US$52 million, the low end of the range, and
recorded an incremental pre-tax provision of US$9.7 million in
earnings (loss) from discontinued operations in the accompanying
statement of operations. Future legal costs, which are expensed as
incurred and reported in earnings (loss) from discontinued
operations in the accompanying statement of operations, are
estimated, according to the updated study, to range from US$50.6
million to US$85.2 million for the period through 2064. Total
operating cash outflows related to discontinued operations, which
include settlements and legal costs, were US$8.8 million, US$5.7
million and US$5.8 million for the years ended December 31, 2019,
2018 and 2017, respectively.
"We plan to perform an annual actuarial evaluation during the third
quarter of each year for the foreseeable future and whenever events
or changes in circumstances indicate that additional provisions may
be necessary. Given the uncertainties associated with projecting
such matters into the future and other factors outside our control,
we can give no assurance that additional provisions will not be
required. We will continue to monitor events and changes in
circumstances surrounding these potential liabilities in
determining whether to perform additional actuarial evaluations and
whether additional provisions may be necessary. At the present
time, however, we do not believe that any additional provisions
would be reasonably likely to have a material adverse effect on our
liquidity or consolidated financial position."
A full-text copy of the Form 10-K is available at
https://is.gd/SaYU7Z
ASBESTOS UPDATE: Transocean Unit Had 185 PI Lawsuits at Dec. 31
---------------------------------------------------------------
A subsidiary of Transocean Ltd. remains a defendant in
approximately 185 asbestos-related lawsuits with a corresponding
number of plaintiffs as of December 31, 2019, according to the
Company's Form 10-K filing with the U.S. Securities and Exchange
Commission for the fiscal year ended December 31, 2019.
The Company states, "One of our subsidiaries has been named as a
defendant, along with numerous other companies, in lawsuits arising
out of the subsidiary's manufacture and sale of heat exchangers,
and involvement in the construction and refurbishment of major
industrial complexes alleging bodily injury or personal injury as a
result of exposure to asbestos.
"As of December 31, 2019, the subsidiary was a defendant in
approximately 185 lawsuits with a corresponding number of
plaintiffs. For many of these lawsuits, we have not been provided
sufficient information from the plaintiffs to determine whether all
or some of the plaintiffs have claims against the subsidiary, the
basis of any such claims, or the nature of their alleged injuries.
The operating assets of the subsidiary were sold in 1989.
"In September 2018, the subsidiary and certain insurers agreed to a
settlement of outstanding disputes that leaves the subsidiary with
funding, including cash, annuities and coverage in place
settlement, that we believe will be sufficient to respond to both
the current lawsuits as well as future lawsuits of a similar
nature. While we cannot predict or provide assurance as to the
outcome of these matters, we do not expect the ultimate liability,
if any, resulting from these claims to have a material adverse
effect on our consolidated statement of financial position, results
of operations or cash flows.
A full-text copy of the Form 10-K is available at
https://is.gd/tIc31S
*********
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