/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/211110.mbx C L A S S A C T I O N R E P O R T E R Wednesday, November 10, 2021, Vol. 23, No. 219 Headlines 3M COMPANY: $65MM Deal in Water Contamination Suit Awaits Final OK 3M COMPANY: 27 Class Suits Over AFFF Pending 3M COMPANY: Class Certification Bid Pending in Ohio Suit 3M COMPANY: Delaware Water Contamination Suit Pending 3M COMPANY: July 2023 Trial in King Case 3M COMPANY: Parties in St. John Case in Negotiations 3M COMPANY: Parties in Talks over Mich. Water Contamination Suit 3M COMPANY: Plaintiffs in Billings Case Reach 4,000 AUBERGE RESORTS: Contreras Files ADA Suit in S.D. New York AVAST SOFTWARE: Contreras Files ADA Suit in S.D. New York BAXTER INT'L: No Appeal Filed from Dismissal of IV Solutions Suit BAXTER INT'L: Silverman Settlement Wins Final Approval BLACK ONYX: Contreras Files ADA Suit in S.D. New York BTA OIL PRODUCERS: Ricks Sues Over Failure to Pay Overtime Wages COASTAL DETOX: Tapla Sues Over Unpaid Overtime Compensation COGNIZANT TECH: Final Settlement Approval Hearing Set for Dec. 18 COMMUNITY HEALTH: Bid to Dismiss Padilla Suit Still Pending CWGS GROUP: Contreras Files ADA Suit in S.D. New York EVENFLO COMPANY: Estevez Files ADA Suit in S.D. New York FCA US: Ward-Richardson Files Suit in N.D. Georgia FIRSTENERGY CORP: Consolidated Putative Class Suit Underway in Ohio FIRSTENERGY CORP: Discovery in Emmons Putative Class Suit Ongoing FIRSTENERGY CORP: Discovery Ongoing in Ohio Consolidated Class Suit HEARTLAND FRAGRANCE: Estevez Files ADA Suit in S.D. New York HOEGH LNG: Roizman Sues Over Exchange Act Violations HOFFMAN MEDIA: Estevez Files ADA Suit in S.D. New York HUF WORLDWIDE: Contreras Files ADA Suit in S.D. New York HYDRAPAK LLC: Contreras Files ADA Suit in S.D. New York KONINKLIJKE PHILIPS: Algofi Suit Transferred to W.D. Pennsylvania KONINKLIJKE PHILIPS: Cormier Files Suit in W.D. Pennsylvania KONINKLIJKE PHILIPS: Walker Suit Transferred to W.D. Pennsylvania L'OREAL USA: Estevez Files ADA Suit in S.D. New York LIBERTY HEALTHSHARE: Glasgow Sues Over Illegal Health Insurance LIVERAMP HOLDINGS: Chen Files Suit in Cal. Super. Ct. MALNATI ORGANIZATION: Rodriguez Files ADA Suit in E.D. New York MALWAREBYTES INC: Contreras Files ADA Suit in S.D. New York MAXIM GROUP: Estevez Files ADA Suit in S.D. New York MEREDITH CORP: Hetzel Sues Over Unlawful Use of Customers' Personas MIDLAND CREDIT: Antushevich Files FDCPA Suit in E.D. New York MISSOURI RIVER: Contreras Files ADA Suit in S.D. New York MOONBUG ENTERTAINMENT: Estevez Files ADA Suit in S.D. New York NATURE'S ANSWER: Contreras Files ADA Suit in S.D. New York NAVISTAR INC: Hough Sues Over Comprised Personal Information NEW EARTH: Contreras Files ADA Suit in S.D. New York NOLEO CARE: Estevez Files ADA Suit in S.D. New York NORTHWEST COMPUTER: Young Files ADA Suit in S.D. New York NORTONLIFELOCK INC: Contreras Files ADA Suit in S.D. New York OUACHITA UNIVERSITY: Estevez Files ADA Suit in S.D. New York PHARMAVITE LLC: Contreras Files ADA Suit in S.D. New York PK HEALTHCARE: Lopez Files Suit in Cal. Super. Ct. PLAYA BOWLS: Contreras Files ADA Suit in S.D. New York POCKETWATCH INC: Estevez Files ADA Suit in S.D. New York POOPYS INC: Contreras Files ADA Suit in S.D. New York POTTERY POTS: Contreras Files ADA Suit in S.D. New York PRINCIPAL FINANCIAL: Rozo Appeals 8th Circuit Ruling REPUBLIC UNDERWRITERS: Garcia Suit Removed to D. New Mexico REVOLVE GROUP: Estevez Files ADA Suit in S.D. New York ROM GROCERY: Herrera Files FLSA Suit in S.D. New York ROOM & BOARD: Contreras Files ADA Suit in S.D. New York ROOSTER TEETH: Estevez Files ADA Suit in S.D. New York RUTHERFORD COUNTY, TN: Settlement Set to be Finalized on Dec. 3 S&P GLOBAL: Investor Class Suits Underway in Australia SCHWEITZER LINES: Contreras Files ADA Suit in S.D. New York SHAMUS & PEABODY: Estevez Files ADA Suit in S.D. New York SOLOMID CORPORATION: Estevez Files ADA Suit in S.D. New York STEKLEN & WALKER: Contreras Files ADA Suit in S.D. New York T ROWE PRICE: Settlement Reached in 401(k) Plan Related Suit TD ASSOCIATES: Contreras Files ADA Suit in S.D. New York TDB COMMUNICATIONS: Ramos Files Suit in Cal. Super. Ct. TGINESIS LLC: Estevez Files ADA Suit in S.D. New York UNCONDITIONAL LOVE: Estevez Files ADA Suit in S.D. New York VIATRIS INC: Sued Over Scheme to Monopolize EpiPen Market VVF INTERVEST: Robertson Sues Over Unpaid Straight, Overtime Wages WE ARE NATIONS: Estevez Files ADA Suit in S.D. New York WHISTLEPIG LLC: Estevez Files ADA Suit in S.D. New York WILDERNESS SPORTS: Contreras Files ADA Suit in S.D. New York WILMINGTON UNIVERSITY: Estevez Files ADA Suit in S.D. New York WIRELESS LIFESTYLE: DeMarcus Sues Over Unpaid Overtime Wages ********* 3M COMPANY: $65MM Deal in Water Contamination Suit Awaits Final OK ------------------------------------------------------------------ 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021, that the $65 million settlement of a class action litigation in New York over alleged water contamination is awaiting final court approval. In New York, 3M is defending 40 individual cases and one putative class action filed in the U.S. District Court for the Northern District of New York and four additional individual cases filed in New York state court against 3M, Saint-Gobain Performance Plastics Corp. (Saint-Gobain), Honeywell International Inc. and E.I. DuPont De Nemours and Co. (DuPont). Tonaga, Inc. (Taconic) is also a defendant in the state court actions. Plaintiffs allege that Perfluorooctanoic acid (PFOA) discharged from fabric coating facilities operated by non-3M entities (that allegedly had used PFOA-containing materials from 3M, among others) contaminated the drinking water in the Village of Hoosick Falls, the Town of Hoosick and Petersburg, New York. They assert various tort claims for personal injury and property damage and in some cases request medical monitoring. 3M has answered the complaints in these individual cases, which are now proceeding through discovery. In the federal court individual cases, the parties selected 24 claimants in May 2021 for a pool from which eight plaintiffs will be chosen for expert discovery and dispositive motions. At the conclusion of these motions, the court will determine which case(s) will continue toward trial. In the putative class action, certain parties, including 3M, reached an agreement to resolve litigation among the settling parties. The settlement agreement received preliminary approval from the district court in July 2021. "Under the agreement, 3M, Saint-Gobain and Honeywell will collectively contribute to a fixed total amount of approximately $65 million to resolve the plaintiffs' claims and those of the proposed classes," the Company said. 3M's contribution is not considered material. 3M is also defending 12 individual cases in the U.S. District Court for the Eastern District of New York filed by Nassau and Suffolk County drinking water providers. The plaintiffs in these cases allege that products manufactured by 3M, DuPont, and additional unnamed defendants contaminated plaintiffs' water supply sources with various PFAS compounds. DuPont's motion to transfer these cases to the AFFF MDL was denied in March 2020. 3M has filed answers in these cases and discovery is ongoing. The 3M Company is an American multinational conglomerate corporation operating in the fields of industry, worker safety, US health care, and consumer goods. 3M COMPANY: 27 Class Suits Over AFFF Pending -------------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021, that as of September 30, a total of 1,762 lawsuits, including 27 putative class actions, alleging injuries or damages by Aqueous Film-Forming Foam Concentrates (AFFF) use have been filed against 3M along with other defendants in various state and federal courts. 3M manufactured and marketed AFFF for use in firefighting at airports and military bases from approximately 1963 to 2002. The Company said a vast majority of these pending cases are in a federal Multi-District Litigation (MDL) court in South Carolina. Additional AFFF cases continue to be filed in or transferred to the MDL. The Company also continues to defend certain AFFF cases that remain in state court and be in discussions with pre-suit claimants for possible resolutions where appropriate. The 3M Company is an American multinational conglomerate corporation operating in the fields of industry, worker safety, US health care, and consumer goods. 3M COMPANY: Class Certification Bid Pending in Ohio Suit -------------------------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021, that the parties in a class action lawsuit in Ohio over alleged blood contamination are awaiting the court's ruling on class certification. In October 2018, 3M and other defendants, including DuPont and Chemours, were named in a putative class action in the U.S. District Court for the Southern District of Ohio brought by the named plaintiff, a firefighter allegedly exposed to Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) chemicals through his use of firefighting foam, purporting to represent a putative class of all U.S. individuals with detectable levels of PFAS in their blood. "The plaintiff brings claims for negligence, battery, and conspiracy and seeks injunctive relief, including an order "establishing an independent panel of scientists" to evaluate PFAS," the Company said. 3M and other entities jointly filed a motion to dismiss in February 2019. In September 2019, the court denied the defendants' motion to dismiss. In February 2020, the court denied 3M's motion to transfer the case to the AFFF MDL. Briefing on plaintiff's class certification motion is complete, and the court's ruling on class certification is pending. The 3M Company is an American multinational conglomerate corporation operating in the fields of industry, worker safety, US health care, and consumer goods. 3M COMPANY: Delaware Water Contamination Suit Pending ----------------------------------------------------- 3M Company continues to defend a class action lawsuit over alleged water contamination in Delaware, the Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021. Oral argument was held in the case on September 2021. 3M, together with several co-defendants, is defending one putative class action brought by individuals alleging contamination of their water supply with Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) resulting from the operations of local metal plating facilities. Plaintiffs allege that 3M supplied PFAS to the metal plating facilities. DuPont, Chemours, and the metal platers have also been named as defendants. This case has been removed from state court to federal court, and plaintiffs have withdrawn its motion to remand to state court and filed an amended complaint. "3M has filed a motion to dismiss the amended complaint. In February 2021, the court raised the question whether subject matter jurisdiction under the Class Action Fairness Act was proper, issued an order requiring the parties to brief the issue and denied defendants' motions to dismiss with leave to renew pending the court's ruling on jurisdiction," the Company said. Briefing on the jurisdictional question is complete, and oral argument was held in September 2021. The 3M Company is an American multinational conglomerate corporation operating in the fields of industry, worker safety, US health care, and consumer goods. 3M COMPANY: July 2023 Trial in King Case ---------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021, that the King class action lawsuit is scheduled for trial in July 2023. The King putative class action was filed in November 2017 against 3M, Dyneon, Daikin America and the West Morgan-East Lawrence Water and Sewer Authority (Water Authority) in the U.S. District Court for the Northern District of Alabama. The plaintiffs are residents of Lawrence and Morgan County, Alabama who receive their water from the Water Authority and seek injunctive relief, attorneys' fees, compensatory and punitive damages for their alleged personal injuries. The plaintiffs contend that the defendants own and operate manufacturing and disposal facilities in Decatur, Alabama that have released and continue to release Perfluorooctanoic acid (PFOA), Perfluorooctanesulfonic acid (PFOS) and related chemicals into the groundwater and surface water of their sites, resulting in discharges into the Tennessee River. "The plaintiffs contend that, as a result of the alleged discharges, the water supplied by the Water Authority to the plaintiffs was, and is, contaminated with PFOA, PFOS and related chemicals at a level dangerous to humans," Company said. In November 2019, the King plaintiffs amended their complaint to withdraw all class allegations. Since then, the plaintiffs have added 37 new individual plaintiffs and voluntarily dismissed five plaintiffs (for a total of 55 plaintiffs). The case is scheduled for trial in July 2023. Discovery in this case is proceeding. The 3M Company is an American multinational conglomerate corporation operating in the fields of industry, worker safety, US health care, and consumer goods. 3M COMPANY: Parties in St. John Case in Negotiations ---------------------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021, that the Company is in discussions with the parties involved in the St. John class action litigation for negotiated resolutions regarding their claims and disputes. A former employee filed a putative class action lawsuit against 3M, BFI Waste Management Systems of Alabama, and others in the Circuit Court of Morgan County, Alabama (the "St. John" case), seeking property damage from exposure to certain perfluorochemicals at or near the Company's Decatur, Alabama, manufacturing facility. The parties have agreed to continue to stay the St. John case, pending ongoing mediation between the parties involved in this case and another case. "Two additional putative class actions filed in the same court by certain residents in the vicinity of the Decatur plant seeking relief on similar grounds (the Chandler case and the Stover case, respectively) are stayed pending the resolution of class certification issues in the St. John case," the Company said. The Company is in discussions for negotiated resolutions with multiple parties regarding filed claims and pre-litigation disputes related to historical PFAS manufacturing operations in Alabama. The 3M Company is an American multinational conglomerate corporation operating in the fields of industry, worker safety, US health care, and consumer goods. 3M COMPANY: Parties in Talks over Mich. Water Contamination Suit ---------------------------------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021, the parties in a class action lawsuit over alleged water contamination in Michigan have engaged in mediation efforts. In Michigan, one consolidated putative class action is pending in the U.S. District Court for the Western District of Michigan against 3M and Wolverine World Wide (Wolverine). The action arises from Wolverine's allegedly improper disposal of materials and wastes, including 3M Scotchgard, related to Wolverine's shoe manufacturing operations. Plaintiffs allege Wolverine used 3M Scotchgard in its manufacturing process and that chemicals from 3M's product contaminated the environment and drinking water sources after disposal. In June 2021, the court partially denied the defendants' motions to dismiss, by granting the motions to dismiss the negligence claim only insofar as the plaintiffs seek damages for personal injuries, as opposed to property damage. In September 2021, the plaintiffs filed a motion to amend the complaint, including to add four new named plaintiffs and putative class representatives. 3M and Wolverine filed a motion to strike the plaintiffs' motion for class certification and opposed plaintiffs' motion to amend the complaint. "The court has set a trial date in April 2022. In addition to the consolidated federal court putative class action, as of September 30, 2021, 3M is a defendant in approximately 280 private individual actions in Michigan state court based on similar allegations," the Company said. These cases are coordinated for pre-trial purposes. Five of these cases were selected over time for bellwether trials. In January 2020, the court issued the first round of dispositive motion rulings related to the first two bellwether cases, including dismissing the second bellwether case entirely and dismissing certain plaintiffs' medical monitoring and risk of future disease claims, and granting summary judgment to the defendants on one plaintiff's cholesterol injury claims. The parties settled the first bellwether case in early 2020 for an immaterial amount. In June 2020, the court denied the plaintiffs' motion to reconsider the dismissal of the second bellwether case, and the plaintiffs have appealed the decision to the state appellate court. In January 2021, the court granted summary judgment in favor of the defendants in one of three remaining bellwether cases. The plaintiffs in this dismissed bellwether case have also appealed the dismissal to the state appellate court. The Company has settled both remaining bellwether cases for an immaterial amount. An additional eight cases have been identified as a pool from which future bellwether cases will be selected. The parties have engaged in mediation efforts in the putative class action and are in discussions in certain state court mass action cases for negotiated resolutions. The 3M Company is an American multinational conglomerate corporation operating in the fields of industry, worker safety, US health care, and consumer goods. 3M COMPANY: Plaintiffs in Billings Case Reach 4,000 --------------------------------------------------- 3M Company said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021, that plaintiffs in the Billing class action litigation have now reached approximately 4,000. In August 2016, a group of over 200 plaintiffs filed a putative class action against West Morgan-East Lawrence Water and Sewer Authority (Water Authority), 3M, Dyneon, Daikin, BFI Waste Management Systems of Alabama, and the City of Decatur in state court in Lawrence County, Alabama (the "Billings" case). Plaintiffs are residents of Lawrence, Morgan and other counties who are or have been customers of the Water Authority. They contend defendants have released per- and polyfluoroalkyl substances (PFAS) that contaminate the Tennessee River and, in turn, their drinking water, causing damage to their health and properties. In January 2017, the court in the St. John case stayed this litigation pending resolution of the St. John case. "Plaintiffs in the Billings case have amended their complaint numerous times to add additional plaintiffs. There are now approximately 4,000 named plaintiffs," the Company said. The 3M Company is an American multinational conglomerate corporation operating in the fields of industry, worker safety, US health care, and consumer goods. AUBERGE RESORTS: Contreras Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Auberge Resorts LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Auberge Resorts LLC, Case No. 1:21-cv-09066 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Auberge Resorts -- https://aubergeresorts.com/ -- is a portfolio of extraordinary hotels, resorts, residences and private clubs.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com AVAST SOFTWARE: Contreras Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Avast Software, Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Avast Software, Inc., Case No. 1:21-cv-09094 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Avast Software -- https://www.avast.com/ -- is a Czech multinational cybersecurity software company headquartered in Prague, Czech Republic that researches and develops computer security software, machine learning and artificial intelligence.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com BAXTER INT'L: No Appeal Filed from Dismissal of IV Solutions Suit ----------------------------------------------------------------- Baxter International Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that the plaintiffs in the putative antitrust class action suit related to IV solutions sales have not taken an appeal from the district court's decision dismissing the case. In November 2016, a putative antitrust class action complaint seeking monetary and injunctive relief was filed in the United States District Court for the Northern District of Illinois. The complaint alleges a conspiracy among manufacturers of IV solutions to restrict output and affect pricing in connection with a shortage of such solutions. Similar parallel actions subsequently were filed. In January 2017, a single consolidated complaint covering these matters was filed in the Northern District of Illinois. The company filed a motion to dismiss the consolidated complaint in February 2017. The court granted the company's motion to dismiss the consolidated complaint without prejudice in July 2018. The plaintiffs filed an amended complaint, which the comapny moved to dismiss on November 9, 2018. The court granted the company's motion to dismiss the amended complaint with prejudice on April 3, 2020. The plaintiffs did not file an appeal. No further updates were provided in the Company's SEC report. Baxter International Inc., through its subsidiaries, develops and provides a portfolio of healthcare products. The company operates through North and South America; Europe, Middle East and Africa; and Asia-Pacific segments. Baxter International Inc. was founded in 1931 and is headquartered in Deerfield, Illinois. BAXTER INT'L: Silverman Settlement Wins Final Approval ------------------------------------------------------ Baxter International Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that the court in Ethan E. Silverman et al. v. Baxter International Inc. et al., granted final approval of the settlement. In November 2019, the company and certain of its officers were named in a class action complaint captioned Ethan E. Silverman et al. v. Baxter International Inc. et al. that was filed in the United States District Court for the Northern District of Illinois. The plaintiff, who allegedly purchased shares of the company's common stock during the specified class period, filed this putative class action on behalf of himself and shareholders who acquired Baxter common stock between February 21, 2019 and October 23, 2019. The plaintiff alleges that the company and certain officers violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by making allegedly false and misleading statements and failing to disclose material facts relating to certain intra-company transactions undertaken for the purpose of generating foreign exchange gains or avoiding foreign exchange losses, as well as the company's internal controls over financial reporting. On January 29, 2020, the Court appointed Varma Mutual Pension Insurance Company and Louisiana Municipal Police Employees Retirement System as lead plaintiffs in the case. Plaintiffs filed an amended complaint on June 25, 2020 containing substantially the same allegations. On August 24, 2020, the company filed a motion to dismiss the amended complaint. On January 12, 2021, the Court granted the company's motion to dismiss the amended complaint but gave plaintiffs an opportunity to file a further-amended complaint. The parties reached an agreement to settle the case for $16 million, subject to the completion of confirmatory discovery and final approval by the Court. The Court granted final approval of the settlement on August 11, 2021. Baxter said, "We were fully reserved for the settlement amount as of September 30, 2021." Baxter International Inc., through its subsidiaries, develops and provides a portfolio of healthcare products. The company operates through North and South America; Europe, Middle East and Africa; and Asia-Pacific segments. Baxter International Inc. was founded in 1931 and is headquartered in Deerfield, Illinois. BLACK ONYX: Contreras Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Black Onyx World LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Black Onyx World LLC, Case No. 1:21-cv-09102 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Black Onyx World LLC -- https://blackonyxworld.com/ is located in Fort Myers, Florida and is part of the Health and Personal Care Stores Industrynce.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com BTA OIL PRODUCERS: Ricks Sues Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Gage Ricks, on Behalf of Himself and on Behalf of All Others Similarly Situated v. BTA OIL PRODUCERS, LLC, Case No. 7:21-cv-00206 (W.D. Tex., Nov. 3, 2021), is brought against the Defendant's practice of failing to pay Plaintiff for all hours and time-and-a-half for all hours worked in excess of 40 per workweek violates the Fair Labor Standards Act. The Defendant required the Plaintiff to work more than forty hours in a workweek without the proper overtime compensation. The Defendant also failed to pay the Plaintiff for all the hours he worked. The Defendant's conduct violates the FLSA, which requires non-exempt employees to be compensated for all hours in excess of forty in a workweek at one and one-half times their regular rates of pay, says the complaint. The Plaintiff worked for the Defendant as pumper from May of 2019 to September of 2021. BTA Oil Producers, LLC is a privately held oil production company that operates oil and gas wells throughout West Texas.[BN] The Plaintiff is represented by: Beatriz Sosa-Morris, Esq. SOSA-MORRIS NEUMAN, PLLC 5612 Chaucer Drive Houston, TX 77005 Phone: (281) 885-8844 Facsimile: (281) 885-8813 Email: BSosaMorris@smnlawfirm.com COASTAL DETOX: Tapla Sues Over Unpaid Overtime Compensation ----------------------------------------------------------- Joan Tapla, on behalf of herself and others similarly situated v. COASTAL DETOX, INC., a Florida Profit Corporation, Case No. 2:21-cv-14434-AMC (S.D. Fla., Nov. 3, 2021), is brought pursuant to the Fair Labor Standards Act to seek unpaid overtime compensation, unpaid straight time, liquidated damages or pre-judgment interest, post judgment interest, attorneys' fees and costs from the Defendant. The Plaintiff worked more than 40 hours per week during nearly every week of her employment, without being paid the federally mandated wage for overtime for all hours worked. The Defendant violated the FLSA and Florida law by failing to pay Plaintiff for overtime hours worked in excess of forty per week at the applicable time and one-half rate, and straight time hours that were worked but automatically deducted from her compensable hours for a meal break that she did not actually take, says the complaint. The Plaintiff was employed as a licensed practical nurse for the Defendant. The Defendant operates a drug and alcohol rehabilitation facility located in Miami-Dade County, Florida.[BN] The Plaintiff is represented by: Robert S. Norell, Esq. ROBERT S. NORELL, P.A. 300 N.W. 70th Avenue, Suite 305 Plantation, FL 33317 Phone: (954) 617-6017 Facsimile: (954) 617-6018 Email: rob@floridawagelaw.com COGNIZANT TECH: Final Settlement Approval Hearing Set for Dec. 18 ----------------------------------------------------------------- Cognizant Technology Solutions Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that the final settlement approval hearing in the consolidated putative securities class action filed in New Jersey is set for December 18, 2021. On October 5, 2016, October 27, 2016 and November 18, 2016, three putative securities class action complaints were filed in the United States District Court for the District of New Jersey (USDC-NJ), naming the company and certain of its current and former officers as defendants. These complaints were consolidated into a single action and on April 7, 2017, the lead plaintiffs filed a consolidated amended complaint on behalf of a putative class of persons and entities who purchased our common stock during the period between February 27, 2015 and September 29, 2016, naming the company and certain of its current and former officers at that time as defendants and alleging violations of the Exchange Act, based on allegedly false or misleading statements related to potential violations of the Foreign Corrupt Practices Act, the company's business, prospects and operations, and the effectiveness of the company's internal controls over financial reporting and the company's disclosure controls and procedures. The lead plaintiffs seek an award of compensatory damages, among other relief, and their reasonable costs and expenses, including attorneys' fees. Defendants filed motions to dismiss the consolidated amended complaint on June 6, 2017. On August 8, 2018, the USDC-NJ issued an order which granted the motions to dismiss in part, including dismissal of all claims against then-current officers of the Company, and denied them in part. On September 7, 2018, the company filed a motion in the USDC-NJ to certify the August 8, 2018 order for immediate appeal to the United States Court of Appeals for the Third Circuit pursuant to 28 U.S.C. Section 1292(b). On October 18, 2018, the USDC-NJ issued an order granting the company's motion, and staying the action pending the outcome of our appeal petition to the Third Circuit. On October 29, 2018, the company filed a petition for permission to appeal with the Third Circuit. On March 6, 2019, the Third Circuit denied the company's petition without prejudice. In an order dated March 19, 2019, the USDC-NJ directed the lead plaintiffs to provide the defendants with a proposed amended complaint. On April 26, 2019, lead plaintiffs filed their second amended complaint. The company filed a motion to dismiss the second amended complaint on June 10, 2019. On June 7, 2020, the USDC-NJ issued an order denying the company's motion to dismiss the second amended complaint. On July 10, 2020, the company filed its answer to the second amended complaint. On July 23, 2020, the DOJ filed a motion on consent for leave to intervene and to stay all discovery through the conclusion of the criminal proceedings in United States v. Gordon J. Coburn and Steven Schwartz, Crim. No. 19-120 (KM), except for documents produced by the company to the DOJ in connection with those criminal proceedings. On July 24, 2020, the USDC-NJ granted the DOJ's motion; and on that same day, the company filed a motion in the USDC-NJ to certify the June 7, 2020 order for immediate appeal to the Third Circuit pursuant to 28 U.S.C. Section 1292(b). On March 17, 2021, the USDC-NJ issued an order denying the company's motion. On September 7, 2021, the parties filed a settlement agreement that, subject to the approval of the USDC-NJ, would resolve the consolidated putative securities class action against us and certain of our former officers. The settlement agreement provides for a payment of $95 million to the putative class (inclusive of attorneys' fees and litigation expenses). Adjusting for indemnification expenses, legal fees and other covered expenses incurred through September 7, 2021, the remaining available balance under the applicable directors and officers insurance policies was $75 million. As a result, the company recorded a loss of $20 million in "Selling, general and administrative expenses" in our unaudited consolidated financial statements. The loss is referred to as the Class Action Settlement Loss. The company and the other defendants are entering into the settlement agreement to eliminate the uncertainty, burden, and expense of further protracted litigation. The company and the other defendants expressly deny that the plaintiffs in the consolidated putative securities class action have asserted any valid claims as to us and them, respectively. On September 9, 2021, the USDC-NJ granted preliminary approval of the settlement. The settlement is subject to final approval by the USDC-NJ and certain other conditions, and the company cannot provide assurance that the USDC-NJ will grant final approval of the settlement. Notice is being provided to potential class members who will have an opportunity to opt out of the settlement and make any objections to the USDC-NJ, which the USDC-NJ will then review. After the notice and objection period, the USDC-NJ is scheduled to hold a hearing on December 20, 2021 to determine whether to grant final approval of the settlement. Cognizant said, "If final approval is not granted by the USDC-NJ, or if the settlement does not become final for any other reason, we will return to our position prior to the settlement and we are unable to predict the duration, scope or result of the subsequent litigation." Cognizant Technology Solutions Corporation provides information technology consulting and technology services in North America, Europe, and Asia. The company was founded in 1994 and is based in Teaneck, New Jersey. COMMUNITY HEALTH: Bid to Dismiss Padilla Suit Still Pending ----------------------------------------------------------- Community Health Systems, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that the motion to dismiss the case, Caleb Padilla, individually and on behalf of all others similarly situated vs. Community Health Systems, Inc., Wayne T. Smith, Larry Cash, and Thomas J. Aaron, remains pending. Caleb Padilla, individually and on behalf of all others similarly situated v Community Health Systems, Inc., Wayne T. Smith, Larry Cash, and Thomas J. Aaron. This purported federal securities class action was filed in the United States District Court for the Middle District of Tennessee on May 30, 2019. It seeks class certification on behalf of purchasers of our common stock between February 20, 2017 and February 27, 2018 and alleges misleading statements resulted in artificially inflated prices for our common stock. On November 20, 2019, the District Court appointed Arun Bhattacharya and Michael Gaviria as lead plaintiffs in the case. The lead plaintiffs filed a consolidated class complaint on January 21, 2020. The Company filed a motion to dismiss the consolidated class complaint on March 23, 2020. That motion is pending. Community Health said, "We believe this matter is without merit and will vigorously defend this case." No further updates were provided in the Company's SEC report. Community Health Systems, Inc., through its subsidiaries, owns, leases, and operates general acute care hospitals in the United States. The company offers general acute care, emergency room, general and specialty surgery, critical care, internal medicine, obstetrics, diagnostic, psychiatric, and rehabilitation services, as well as skilled nursing and home care services. It also provides outpatient services at urgent care centers, occupational medicine clinics, imaging centers, cancer centers, and ambulatory surgery centers. Community Health Systems, Inc. was founded in 1985 and is headquartered in Franklin, Tennessee. CWGS GROUP: Contreras Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against CWGS Group, LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. CWGS Group, LLC, Case No. 1:21-cv-09100 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. CWGS Group, LLC doing business as Camping World Property, Inc. -- http://www.investor.campingworld.com/-- is located in Lincolnshire, Illinois is part of the Sporting Goods, Hobby, and Musical Instrument Stores Industry.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com EVENFLO COMPANY: Estevez Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Evenflo Company, Inc. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Evenflo Company, Inc., Case No. 1:21-cv-09053 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Evenflo -- https://www.evenflo.com/ -- is a 100 year old infant feeding company.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com FCA US: Ward-Richardson Files Suit in N.D. Georgia -------------------------------------------------- A class action lawsuit has been filed against FCA US LLC. The case is styled as Jibri Ward-Richardson, Yesenia Robaina, individually and on behalf of similarly situated individuals v. FCA US LLC, Case No. 2:21-cv-00235-RWS (N.D. Ga., Nov. 3, 2021). The nature of suit is stated as Other Fraud. FCA US LLC -- http://www.fcausllc.com/-- designs, engineers, manufactures, and sells vehicles.[BN] The Plaintiffs are represented by: Aaron Marcus Kappler, Esq. THOMPSON O'BRIEN KEMP & NASUTI, P.C. 2 Sun Court, Suite 400 Peachtree Corners, GA 30092 Phone: (770) 925-0111 Email: akappler@tokn.com FIRSTENERGY CORP: Consolidated Putative Class Suit Underway in Ohio ------------------------------------------------------------------- FirstEnergy Corp. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that the company continues to defend a consolidated class action suit in the Federal District Court, Southern District of Ohio. Owens v. FirstEnergy Corp. et al. and Frand v. FirstEnergy Corp. et al. (Federal District Court, S.D. Ohio); on July 28, 2020 and August 21, 2020, purported stockholders of the company (FE) filed putative class action lawsuits alleging violations of the federal securities laws. Those actions have been consolidated and a lead plaintiff, the Los Angeles County Employees Retirement Association, has been appointed by the court. A consolidated complaint was filed on February 26, 2021. The consolidated complaint alleges, on behalf of a proposed class of persons who purchased FE securities between February 21, 2017 and July 21, 2020, that FE and certain current or former FE officers violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by issuing misrepresentations or omissions concerning FE's business and results of operations. The consolidated complaint also alleges that FE, certain current or former FE officers and directors, and a group of underwriters violated Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 as a result of alleged misrepresentations or omissions in connection with offerings of senior notes by FE in February and June 2020. FirstEnergy Corp. operates as a public utility holding company. The Company, through its subsidiaries, generates, transmits, and distributes electricity, as well as offers exploration, production, and distribution of natural gas. FirstEnergy provides energy management and other energy-related services. The company is based in Akron, Ohio. FIRSTENERGY CORP: Discovery in Emmons Putative Class Suit Ongoing ----------------------------------------------------------------- FirstEnergy Corp. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that discovery is ongoing in the putative class action suit entitled, Emmons v. FirstEnergy Corp. et al. (Common Pleas Court, Cuyahoga County, OH). Emmons v. FirstEnergy Corp. et al. (Common Pleas Court, Cuyahoga County, OH); on August 4, 2020, a purported customer of FirstEnergy filed a putative class action lawsuit against the company (FE), FirstEnergy Service Company (FESC), Ohio Edison Company (OE), The Toledo Edison Company (TE) and The Cleveland Electric Illuminating Company (CEI), along with Energy Harbor LLC. (FES), alleging several causes of action, including negligence and/or gross negligence, breach of contract, unjust enrichment, and unfair or deceptive consumer acts or practices. On October 1, 2020, plaintiffs filed a First Amended Complaint, adding as a plaintiff a purported customer of FirstEnergy and alleging a civil violation of the Ohio Corrupt Activity Act and civil conspiracy against FE, FESC and FES. On May 4, 2021, the court granted the defendants' motion to dismiss plaintiffs' breach of contract claims and denied the remainder of the motions to dismiss. The defendants submitted answers to the complaint on June 1, 2021. Discovery is proceeding. FirstEnergy Corp. operates as a public utility holding company. The Company, through its subsidiaries, generates, transmits, and distributes electricity, as well as offers exploration, production, and distribution of natural gas. FirstEnergy provides energy management and other energy-related services. The company is based in Akron, Ohio. FIRSTENERGY CORP: Discovery Ongoing in Ohio Consolidated Class Suit ------------------------------------------------------------------- FirstEnergy Corp. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that discovery is ongoing in the consolidated class action suit currently pending in the Southern District of Ohio. Smith v. FirstEnergy Corp. et al., Buldas v. FirstEnergy Corp. et al., and Hudock and Cameo Countertops, Inc. v. FirstEnergy Corp. et al. (Federal District Court, S.D. Ohio); on July 27, 2020, July 31, 2020, and August 5, 2020, respectively, purported customers of FirstEnergy filed putative class action lawsuits against the company (FE) and FirstEnergy Service Company (FESC), as well as certain current and former FirstEnergy officers, alleging civil Racketeer Influenced and Corrupt Organizations Act violations and related state law claims. These actions have been consolidated, and the court denied FirstEnergy's motions to dismiss and stay discovery on February 10 and 11, 2021, respectively. The defendants submitted answers to the complaint on March 10, 2021. A motion for leave to amend the complaint and add FirstEnergy Solutions Corp. (FES now Energy Harbor LLC) as a defendant was filed on September 27, 2021 and remains pending. Discovery is proceeding. FirstEnergy Corp. operates as a public utility holding company. The Company, through its subsidiaries, generates, transmits, and distributes electricity, as well as offers exploration, production, and distribution of natural gas. FirstEnergy provides energy management and other energy related services. The company is based in Akron, Ohio. HEARTLAND FRAGRANCE: Estevez Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Heartland Fragrance Co., LLC. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Heartland Fragrance Co., LLC, Case No. 1:21-cv-09055 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Heartland Fragrance -- https://heartlandfragrance.com/ -- manufactures high quality bath products including handmade soaps, Epsom salts, hand sanitizer and more.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com HOEGH LNG: Roizman Sues Over Exchange Act Violations ---------------------------------------------------- Arthur F. Roizman, individually and on behalf of all others similarly situated v. HOEGH LNG PARTNERS LP, SVEINUNG J. S. STOHLE, HAVARD FURU, and STEFFEN FOREID, Case No. 1:21-cv-19613 (D.N.J., Nov. 3, 2021), is brought on behalf of persons or entities who purchased or otherwise acquired publicly traded Partnership securities between April 3, 2020 and July 27, 2021, inclusive, seeking to recover compensable damages caused by the Defendants' violations of the federal securities laws under the Securities Exchange Act of 1934, as a result of Defendants' wrongful acts and omissions by making false and/or misleading statements, and the precipitous decline in the market value of the Company's securities. On July 27, 2021, Hoegh LNG Partners LP, issued a press release which announced that: (i) the Partnership had reduced its quarterly cash distribution to $0.01 per common unit, down from a distribution of $0.44 per common unit in the first quarter of 2021; (ii) the refinancing of the PGN FSRU Lampung credit facility, which had been scheduled to close by the end of the second quarter of 2021, was not yet completed due to the failure by the charterer of the PGN FSRU Lampung to consent to and countersign certain customary documents related to the new credit facility; (iii) the PGN FSRU Lampung charterer stated that it will commence arbitration to declare the charter null and void, and/or to terminate the charter, and/or seek damages in relation to the operations of the vessel and its charter; (iv) the revolving credit line of $85 million from Hoegh LNG will not be extended when it matures on January 1, 2023; and (v) Hoegh LNG will have very limited capacity to extend any additional advances to the Partnership beyond what is currently drawn under the facility. On this news, the Partnership's common unit price fell $11.57 per common unit, or 64%, to close at $6.30 per common unit on July 28, 2021, on unusually heavy trading volume, damaging investors. The Defendants made statements that were materially false and/or misleading because they misrepresented and failed to disclose the following adverse facts pertaining to the Company's business, operations and prospects, which were known to Defendants or recklessly disregarded by them. Specifically, the Defendants made false and/or misleading statements and/or failed to disclose that: (1) the Partnership was facing issues with the PGN FSRU Lampung charter; (2) as a result, the PGN FSRU Lampung charterer would state that it would commence arbitration to declare the charter null and void, and/or to terminate the charter, and/or seek damages; (3) the Partnership would need to find alternative refinancing for its PGN FSRU Lampung credit facility; (4) the PGN FSRU Lampung credit facility matured in September 2021, not October 2021 as previously stated; (5) the Partnership would be forced to accept less favorable refinancing terms with regards to the PGN FSRU Lampung credit facility; (6) Hoegh LNG would not extend the revolving credit line to the Partnership past its maturation date; (7) Hoegh LNG would reveal that it "will have very limited capacity to extend any additional advances to the Partnership beyond what is currently drawn under the facility"; (8) as a result of the foregoing, the Partnership would essentially end distributions to common units holders; (9) the COVID-19 pandemic was not the sole or root cause of the Partnership's issues in Indonesia, in 2019, before the pandemic, there were already a very low amount of demand in Indonesia for the Partnership's gas; (10) the auditing, tax, nor maintenance of PGN FSRU Lampung were not the sole or root cause(s) of the Partnership's issues in Indonesia; and (11) 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 July 27, 2021, the Partnership issued a press release entitled "Hoegh LNG Partners LP Declares Distributions and Announces Reduction in Quarterly Cash Distributions to Common Units." On this news, the Partnership's common unit price fell $11.57 per common unit, or 64%, to close at $6.30 per common unit on July 28, 2021, on unusually heavy trading volume, damaging investors. As a result of Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, Plaintiff and other Class members have suffered significant losses and damages, says the complaint. The Plaintiff purchased Partnership securities during the Class Period. Hoegh LNG is an LNG infrastructure company offering LNG transportation services, LNG regasification, terminal solutions and in-house ship management services.[BN] The Plaintiff is represented by: Thomas H. Przybylowski, Esq. Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue New York, NY 10016 Phone: (212) 661-1100 Facsimile: (212) 661-8665 Email: tprzybylowski@pomlaw.com jalieberman@pomlaw.com ahood@pomlaw.com HOFFMAN MEDIA: Estevez Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Hoffman Media, LLC. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Hoffman Media, LLC, Case No. 1:21-cv-09089 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Hoffman Media, LLC (HM) -- https://www.hoffmanmedia.com/ -- is a privately held, leading special-interest publisher based in Birmingham, Alabama.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com HUF WORLDWIDE: Contreras Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against HUF Worldwide, LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. HUF Worldwide, LLC, Case No. 1:21-cv-09107 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. HUF Worldwide, LLC -- https://hufworldwide.com/ -- manufactures and markets apparel and footwear.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com HYDRAPAK LLC: Contreras Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against HydraPak LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. HydraPak LLC, Case No. 1:21-cv-09062-PAE-GWG (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Hydrapak -- https://hydrapak.com/ -- is committed to pushing the limits of design and materials to create the easiest-to-use, most functional hydration systems.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com KONINKLIJKE PHILIPS: Algofi Suit Transferred to W.D. Pennsylvania ----------------------------------------------------------------- The case styled as Sebe Algofi, Brian Caswell, Eliza Reid, Manuel Mendoza, Jacqulyn McGlynn, Terica Jerome, Elliot Feldbau, Amy Malcolm, Chinedu Ekweozoh, Denise Lint, Carolyn Clawson, on behalf of themselves and all others similarly situated v. Koninklijke Philips N.V., Philips North America LLC, Philips RS North America LLC, Case No. MDL No. 3014 was transferred from the United States District Court for the District of Massachusetts to the United States District Court for the Western District of Pennsylvania on Oct. 21, 2021. The District Court Clerk assigned Case No. 2:21-cv-01477-JFC to the proceeding. The nature of suit is stated as Contract Product Liability. Koninklijke Philips N.V. -- https://www.philips.com/global -- is a Dutch multinational conglomerate corporation that was founded in Eindhoven.[BN] The Plaintiffs are represented by: Jason M. Leviton, Esq. BLOCK & LEVITON LLP 260 Franklin Street, Suite 1860 Boston, MA 02110 Phone: (617) 398-5600 Fax: (617) 507-6020 Email: jason@blockesq.com The Defendants are represented by: Daniel S. Savrin, Esq. Emma D. Hall, Esq. MORGAN, LEWIS & BOCKIUS LLP One Federal Street Boston, MA 02110 Phone: (617) 951-8674 Email: daniel.savrin@morganlewis.com emma.hall@morganlewis.com KONINKLIJKE PHILIPS: Cormier Files Suit in W.D. Pennsylvania ------------------------------------------------------------ A class action lawsuit has been filed against Koninklijke Philips N.V., et al. The case is styled as James A. Cormier, individually and on behalf of himself and all others similarly situated v. Koninklijke Philips N.V., Philips North America LLC, Philips RS North America LLC, Case No. 2:21-cv-01569-JFC (W.D. Pa., Nov. 2, 2021). The nature of suit is stated as Contract Product Liability. Koninklijke Philips N.V. -- https://www.philips.com/global -- is a Dutch multinational conglomerate corporation that was founded in Eindhoven.[BN] The Plaintiff is represented by: Arnold Levin, Esq. LEVIN SEDRAN & BERMAN 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Phone: (215) 592-1500 Fax: (215) 592-4663 Email: alevin@lfsblaw.com KONINKLIJKE PHILIPS: Walker Suit Transferred to W.D. Pennsylvania ----------------------------------------------------------------- The case styled as Michael Walker, on behalf of himself and all others similarly situated v. Koninklijke Philips N.V., Philips North America LLC, Philips RS North America LLC, Case No. 2:21-cv-01472 was transferred from the United States District Court for the Eastern District of Louisiana, to the United States District Court for the Western District of Pennsylvania on Oct. 21, 2021. The District Court Clerk assigned Case No. 2:21-cv-01454-JFC to the proceeding. The nature of suit is stated as Prop. Damage Prod. Liability for Magnuson-Moss Warranty Act. Koninklijke Philips N.V. -- https://www.philips.com/global -- is a Dutch multinational conglomerate corporation that was founded in Eindhoven.[BN] The Plaintiffs are represented by: Ron Anthony Austin, Esq. Catherine Hilton, Esq. RON AUSTIN LAW 400 Manhattan Blvd Harvey, LA 70058 Phone: (504) 227-8100 Fax: (504) 227-8122 Email: raustin@ronaustinlaw.com chilton@ronaustinlaw.com The Defendants are represented by: Guy D. Perrier, Esq. Ralph Gerard Breaux, Esq. PERRIER & LACOSTE, L.L.C. 365 Canal Street, Suite 2550 New Orleans, LA 70130 Phone: (504) 212-8832 Fax: (504) 212-7285 Email: gperrier@perrierlacoste.com rbreaux@perrierlacoste.com L'OREAL USA: Estevez Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against L'Oreal USA, Inc. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. L'Oreal USA, Inc., Case No. 1:21-cv-09059 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. L'Oreal USA, Inc. -- https://www.loreal.com/en/usa/ -- manufactures and markets cosmetic products.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com LIBERTY HEALTHSHARE: Glasgow Sues Over Illegal Health Insurance --------------------------------------------------------------- Rochelle Glasgow, William Rooker, Donna Landry and Bonnie Martin, and STATE OF OHIO, ex rel. DAVE YOST, ATTORNEY GENERAL OF OHIO v. LIBERTY HEALTHSHARE, INC., DANIEL J. BEERS, RONALD BEERS, DANIEL BEERS, JR., BENJAMIN "BENNIE" BEERS, RACHEL BEERS, DRUZILLA J. ABEL ("DRUDY"), PAMELA K. JOHNSON, THOMAS FABRIS, BRANDON FABRIS, DOUGLAS D. BEHRENS, DALE E. BELLIS, MATT BELLIS, Case No. 5:21-cv-02001-JRA (N.D. Ohio, Oct. 21, 2021), is brought seeking to remedy the Defendants' misconduct of hatching a brazenly reprehensible scheme to sell and administer illegal health insurance to the Plaintiffs. Liberty HealthShare, Inc. and the affiliated entities and individuals named as Co-Defendants herein stand alone in a way no nonprofit organization in Ohio ever should: by hatching a brazenly reprehensible scheme to sell and administer illegal health insurance to Plaintiffs and thousands of other individuals across the country under the guise of bona fide, faith-based healthcare sharing ministry ("HCSM") plans exempt from governmental oversight and income taxation. These plans promise to deliver all the benefits of traditional health insurance at a fraction of the cost. In the face of skyrocketing health insurance costs, more Americans looked to HCSMs as an alternative to traditional health insurance plans. HCSM membership in general has grown from a mere 200,000 individuals ten years ago to over 1,000,000 enrolled members today. While HCSMs purport to be anything other than health insurance plans, many, including Liberty, appear to look and operate as much like health insurance as possible. Despite HCSMs having all the trappings of health insurance in appearance and in function, there are some very important differences, primarily being that HCSMs do not have to abide by laws governing insurance products. This means that there is nothing to stop HCSMs from denying coverage based on pre-existing conditions and treatment for conditions considered essential under the Affordable Healthcare Act ("ACA"). Furthermore, HCSMs can deny coverage for nearly anything based on "morality." The Plaintiffs allege that, through this scheme, they and the other Class Members were charged significant monthly insurance premiums, but that Liberty, in violation of federal and state law, refused to pay for what should have otherwise been covered medical procedures and bills, thereby reaping massive profits at Plaintiffs' and the other Class Members' expense, says the complaint. The Plaintiffs are Liberty members. Liberty HealthShare, Inc. (formerly the Mindala Family Foundation) is an Ohio registered trademark of Gospel Light Mennonite Church Medical Aid Plan, Inc., a Virginia non-profit corporation with its principal place of business in Ohio.[BN] The Plaintiffs are represented by: George W. Cochran, Esq. LAW OFFICE OF GEORGE W. COCHRAN 1981 Crossfield Circle Kent, OH 44240 Phone: (330) 607-2187 Facsimile: (330) 230-6136 Email: lawchrist@gmail.com - and - Michael I. Fistel, Jr., Esq. William W. Stone, Esq. Oliver S. Tum Suden, Esq. JOHNSON FISTEL, LLP 40 Powder Springs Street Marietta, GA 30064 Phone: (470) 632-6000 Facsimile: (770) 200-3101 Email: MichaelF@johnsonfistel.com WilliamS@johnsonfistel.com OliverT@johnsonfistel.com - and - Chase M. Stern, Esq. JOHNSON FISTEL, LLP 655 West Broadway. Suite 1400 San Diego, CA 92101 Phone: 619.230.0063 Facsimile: 619.255.1856 Email: chaseS@johnsonfistel.com LIVERAMP HOLDINGS: Chen Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against LiveRamp Holdings, Inc. The case is styled as Shulin Chen, individually and on behalf of all others similarly situated and as proxy of the State of California on behalf of aggrieved employees v. LiveRamp Holdings, Inc., Case No. CGC21595838 (Cal. Super. Ct., San Francisco Cty., Nov. 3, 2021). The case type is stated as "Other Non-Exempt Complaints." LiveRamp Holdings, Inc. -- https://liveramp.com/ -- formerly known as Acxiom Corporation, is a San Francisco, California-based SaaS company that offers a data connectivity platform whose services include data onboarding, the transfer of offline data online for marketing purposes.[BN] The Plaintiff is represented by: Joshua G. Konecky, Esq. SCHNEIDER WALLACE COTTRELL KONECKY LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Phone: 415-421-7100 x315 Fax: 415-421-7105 Email: jkonecky@schneiderwallace.com MALNATI ORGANIZATION: Rodriguez Files ADA Suit in E.D. New York --------------------------------------------------------------- A class action lawsuit has been filed against The Malnati Organization, LLC. The case is styled as Angel Rodriguez, individually and as the representative of a class of similarly situated persons v. The Malnati Organization, LLC, doing business as: Tastes of Chicago, Case No. 1:21-cv-06128 (E.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Malnati Organization, LLC, doing business as Tastes of Chicago -- https://www.tastesofchicago.com/ -- ships food from Famous Chicago Restaurants, Chicago Food gifts, and more.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com MALWAREBYTES INC: Contreras Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Malwarebytes Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Malwarebytes Inc., Case No. 1:21-cv-09092 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Malwarebytes -- https://www.malwarebytes.com/ -- protects your home devices and your business endpoints against malware, ransomware, malicious websites, and other advanced online threats.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com MAXIM GROUP: Estevez Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Maxim Group LLC. The case is styled as Arturo Estevez, on behalf of himself and all other persons similarly situated v. Maxim Group LLC, Case No. 1:21-cv-09072 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Maxim Group LLC -- https://www.maximgrp.com/ -- is a leading full-service investment bank, securities and wealth management firm headquartered in New York.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal MEREDITH CORP: Hetzel Sues Over Unlawful Use of Customers' Personas ------------------------------------------------------------------- Adele Hetzel, individually and on behalf of all others similarly situated v. MEREDITH CORPORATION, Case No. 4:21-cv-00341-CRW-HCA (S.D. Iowa, Nov. 3, 2021), is brought against the Defendant for its nonconsensual and plainly unlawful use of its customers' personas in violation of the Ohio's Right of Publicity Law. The Defendant knowingly used Plaintiff's and the other Class members' names on subscriber mailing lists that it sold on the open market, to any member of the public willing to pay for them, including data miners, data aggregators, data appenders, data cooperatives, list brokers, aggressive marketing companies, and various other parties. The lists Meredith publicly sold identified by name, address, and other personal attributes Plaintiff and every other Ohio subscriber to its magazine publications (including Better Homes & Gardens magazine to which Plaintiff subscribed). Meredith's public use of Plaintiff's persona on the mailing lists that it sold and continues to sell (including in connection with the Better Homes & Gardens magazine subscription previously sold to Plaintiff) directly violated the ORPL, says the complaint. The Plaintiff subscribed to Meredith's Better Homes & Gardens magazine while residing in, a citizen of, and present in Ohio. Meredith is the publisher of, among others, the magazines Better Homes and Gardens, Living the Country Life, Entertainment Weekly, Food & Wine, Health, Midwest Living, People, Parents, Real Simple, Shape, Southern Living, Travel + Leisure, Wood, FamilyFun, Rachel Ray in Season, and InStyle.[BN] The Plaintiff is represented by: J. Barton Goplerud, Esq. Gary W. Kendell, Esq. SHINDLER, ANDERSON, GOPLERUD & WEESE, P.C. 5015 Grand Ridge Drive West Des Moines, IA 50265 Phone: (515) 223-4567 Fax: (515) 223-8887 Email: goplerud@sagwlaw.com kendell@sagwlaw.com - and - Arun G. Ravindran, Esq. Frank S. Hedin, Esq. HEDIN HALL LLP 1395 Brickell Avenue, Suite 1140 Miami, FL 33131 Phone: (305) 357-2107 Fax: (305) 200-8801 Email: aravindran@hedinhall.com fhedin@hedinhall.com MIDLAND CREDIT: Antushevich Files FDCPA Suit in E.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Midland Credit Management, Inc. The case is styled as Irina Antushevich, individually and on behalf of all others similarly situated v. Midland Credit Management, Inc., Case No. 1:21-cv-06109 (E.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Midland Credit Management, Inc. -- https://www.midlandcredit.com/ -- is a specialty finance company providing debt recovery solutions for consumers across a broad range of assets.[BN] The Plaintiff is represented by: Uri Horowitz, Esq. HOROWITZ LAW, PLLC 14441 70th Road Flushing, NY 11367 Phone: (718) 705-8706 Fax: (718) 705-8705 Email: uri@horowitzlawpllc.com MISSOURI RIVER: Contreras Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Missouri River Soap LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Missouri River Soap LLC, Case No. 1:21-cv-09088 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Missouri River Soap -- https://moriversoap.com/ -- offers unique or custom, handmade pieces from our bar soaps shops.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com MOONBUG ENTERTAINMENT: Estevez Files ADA Suit in S.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against Moonbug Entertainment USA Inc. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Moonbug Entertainment USA Inc., Case No. 1:21-cv-09010 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Moonbug -- https://www.moonbug.com/ -- is a global entertainment company that creates and distributes inspiring and engaging stories to expand kids' worlds and minds.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com NATURE'S ANSWER: Contreras Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Nature's Answer, Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Nature's Answer, Inc., Case No. 1:21-cv-09060 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Natures Answer -- https://www.naturesanswer.com/ -- is a family owned and operated natural supplement company based out of the United States.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com NAVISTAR INC: Hough Sues Over Comprised Personal Information ------------------------------------------------------------ Mary Hough, individually and on behalf of all others similarly situated v. NAVISTAR, INC., Case No. 2021L001161 (Ill. 18th Judicial Cir. Ct., DuPage Cty., Nov. 3, 2021), arises out of the recent targeted cyber-attack against the Defendant that allowed a third party to access the Defendant's computer systems and data, resulting in the compromise of highly sensitive personal information belonging to tens of thousands of current and former employees and their family members. As a result of the Cyber-Attack, Plaintiff and Class Members suffered ascertainable injury and damages in the form of the substantial and present risk of fraud and identity theft from their unlawfully accessed and compromised private and confidential information (including Social Security numbers), lost value of their private and confidential information, out-of-pocket expenses and the value of their time reasonably incurred to remedy or mitigate the effects of the attack. Plaintiff's and Class Members' sensitive personal information--which was entrusted to Defendant, their officials and agents--was compromised, unlawfully accessed, and stolen due to the Cyber-Attack. Information compromised in the Cyber-Attack includes the following: full name, date of birth, Social Security number and medical information. The Defendant maintained the Private Information in a reckless manner. In particular, the Private Information was maintained on the Defendant Navistar's computer network in a condition vulnerable to cyber-attacks of this type. The mechanism of the Cyber-Attack and potential for improper disclosure of the Plaintiff's and Class Members' Private Information was a known and foreseeable risk to the Defendant, and the Defendant was on notice that failing to take steps necessary to secure the Private Information from those risks left that property in a dangerous condition. In addition, the Defendant and its employees failed to properly monitor the computer network and systems that housed the Private Information. The Cyber-Attack occurred prior to May 20, 2021, and was discovered on May 31, 2021. Had Defendant properly monitored their property, they would have discovered the intrusion sooner. The Plaintiff's and Class Members' identities are now at risk because of the Defendant's negligent conduct since the Private Information that Defendant collected and maintained is now in the hands of data thieves, says the complaint. The Plaintiff Hough was employed by Navistar as a Director of Security from April 2021 to March 2020. Navistar is the parent company of International brand commercial trucks and engines, IC Bus brand school and commercial buses, OnCommand Connection advanced connectivity services, aftermarket parts brands Fleetrite, ReNEWed and Diamond Advantage and Brazilian manufacturer of engines and gensets MWM Motores Diesel e Geradores.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MASON LIETZ & KLINGER LLP 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (202) 429-2290 Fax: (202) 429-2294 Email: gklinger@masonllp.com - and - Gary E. Mason, Esq. David K. Lietz, Esq. MASON LIETZ & KLINGER LLP 5101 Wisconsin Avenue NW, Suite 305 Washington, DC 20016 Phone: (202) 429-2290 Fax: (202) 429-2294 Email: dlietz@masonllp.com gmason@masonllp.com NEW EARTH: Contreras Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against New Earth Beauty, Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. New Earth Beauty, Inc., Case No. 1:21-cv-09103 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. New Earth Beauty, Inc. doing business as AVEGAN Beauty is a health and wellness company that creates advanced vegan science-based skin care and dietary supplement products for the premium vegan and "plant-curious" consumer.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com NOLEO CARE: Estevez Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Noleo Care Company, Inc. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Noleo Care Company, Inc., Case No. 1:21-cv-09026 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. NOLEO -- https://www.noleocare.com/ -- is a company that manufactures organic skincare products using essential, natural, and safe ingredients and is eco-friendly.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com NORTHWEST COMPUTER: Young Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Northwest Computer Accessories, Inc. The case is styled as Lawrence Young, on behalf of himself and all other persons similarly situated v. Northwest Computer Accessories, Inc., Case No. 1:21-cv-09071 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Northwest Computer Accessories, Inc. -- https://www.nwca.com/ -- are a locally owned business that has been around since 1989 providing Computer Cables and PC components to resellers and end users.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal NORTONLIFELOCK INC: Contreras Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against Nortonlifelock Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Nortonlifelock Inc., Case No. 1:21-cv-09105 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. NortonLifeLock Inc., formerly known as Symantec Corporation is an American software company headquartered in Tempe, Arizona, United States.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com OUACHITA UNIVERSITY: Estevez Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Ouachita Baptist University. The case is styled as Arturo Estevez, on behalf of himself and all other persons similarly situated v. Ouachita Baptist University, Case No. 1:21-cv-09074 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Ouachita Baptist University -- https://obu.edu/ -- is a private, Baptist university in Arkadelphia, Arkansas.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal PHARMAVITE LLC: Contreras Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Pharmavite LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Pharmavite LLC, Case No. 1:21-cv-09065 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Pharmavite -- https://www.pharmavite.com/ -- is an American dietary supplements company that was founded in 1971 by California pharmacist, Barry Pressman, and that was acquired by Otsuka Pharmaceutical in 1989.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com PK HEALTHCARE: Lopez Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against PK Healthcare Services, Inc. The case is styled as Serio Lopez, an individual, on behalf of all himself and all others similarly situated v. PK Healthcare Services, Inc. d/b/a Onsite Wellness, a California Corporation, Case No. 21STCV40523 (Cal. Super. Ct., Los Angeles Cty., Nov. 3, 2021). The case type is stated as "Other Employment Complaint Case." PK Healthcare Services, Inc. doing business as Onsite Wellness -- https://onsitewellness.com/ -- provides customized, cost effective employee health screening and vaccination clinics that help keep employees healthy, engaged and motivated.[BN] The Plaintiff is represented by: Jonathan Melmed, Esq. MELMED LAW GROUP P.C. 1801 Century Park E., Ste. 850 Los Angeles, CA 90067-2346 Phone: 310-824-3828 Fax: 310-862-6851 Email: jm@melmedlaw.com PLAYA BOWLS: Contreras Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Playa Bowls, LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Playa Bowls, LLC, Case No. 1:21-cv-09099 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Playa Bowls -- https://www.playabowls.com/ -- is an acai shop that serves healthy fruit bowls, smoothies, juices, oatmeal, soup, and coffee.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com POCKETWATCH INC: Estevez Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Pocketwatch, Inc. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Pocketwatch, Inc., Case No. 1:21-cv-09009 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. PocketWatch, Inc. -- https://pocket.watch/ -- is a digital media studio that specializes in extending kids and family YouTube stars and characters into global franchises.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com POOPYS INC: Contreras Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Poopys Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Poopys Inc., Case No. 1:21-cv-09108 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Poopys Inc. -- http://poopys.com/-- is a spacious, biker-friendly tavern offering American grub, a seasonal patio, live bands & a gift shop.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com POTTERY POTS: Contreras Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Pottery Pots USA Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Pottery Pots USA Inc., Case No. 1:21-cv-09098 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Pottery Pots -- https://www.potterypots.com/ -- is an international wholesaler of flower pots, planters and related products.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com PRINCIPAL FINANCIAL: Rozo Appeals 8th Circuit Ruling ----------------------------------------------------- Principal Financial Group, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that the appeal in the class action suit initiated by Frederick Rozo, is pending. On November 12, 2014, Frederick Rozo filed a class action lawsuit in the United States District Court for the Southern District of Iowa against Principal Life Insurance Company and the company. The company was later dismissed as a defendant. The Plaintiff alleged that defendants breached fiduciary duties and engaged in prohibited transactions under The Employee Retirement Income Security Act of 1974 (ERISA) in connection with a general account guaranteed product known as the Principal Fixed Income Option ("PFIO"). On May 12, 2017, the district court certified a nationwide class of participants and beneficiaries who had funds invested in one of the PFIO contracts. On September 25, 2018, the district court granted Principal Life's motion for summary judgment. On February 3, 2020, the Eighth Circuit Court of Appeals reversed that ruling and remanded the case back to the district court. A bench trial was held before the district court November 3-10, 2020. The court issued its ruling on April 8, 2021, and found in favor of Principal Life on all claims. The Plaintiff has appealed this ruling to the Eighth Circuit Court of Appeals. Principal Financial said, "Principal Life will continue to aggressively defend the case." Principal Financial Group, Inc., is a global investment management company offering retirement services, insurance solutions and asset management. The company is based in Des Moines, Iowa. REPUBLIC UNDERWRITERS: Garcia Suit Removed to D. New Mexico ----------------------------------------------------------- The case styled as Yvonne Garcia, individually and on behalf of other similarly situated individuals v. Republic Underwriters Insurance Company, Case No. 20cv7018 was removed from the Second Judicial District Court to the United States District Court for the District of New Mexico on Oct. 21, 2021. The District Court Clerk assigned Case No. 1:21-cv-01023-LF-JHR to the proceeding. The nature of suit is stated as Insurance for Insurance Contract. Republic Underwriters Insurance Co operates as a property & casualty insurance firm.[BN] The Plaintiff is represented by: Corbin Hildebrandt, Esq. CORBIN HILDENRAMDT, P.C. 1400 Central Ave. S.E. Sycamore Square, Suite 2000 Albuquerque, NM 87106 Phone: (505) 998-6626 Fax: (505) 998-6628 Email: corbin@hildebrandtlawnm.com - and - Kedar Bhasker, Esq. LAW OFFICE OF KEDAR BHASKER, LLC 1400 Central Avenue SE, Suite 2000 Albuquerque, NM 87106 Phone: (505) 720-2113 Fax: (505) 998-6628 Email: kedar@bhaskerlaw.com - and - Rebekah Staggs Wright, Esq. HARVEY & FOOTE LAW FIRM 201 Broadway SE Albuquerque, NM 87102 Phone: (505) 254-0000 Fax: (505) 254-1111 Email: rebekah@harveyfirm.com The Defendants are represented by: Brian P. Brack, Esq. DIXON SCHOLL CARRILLO PA P.O. Box 94147 6700 Jefferson St NE Bldg B, Suite 1 Albuquerque, NM 87199 Phone: (505) 244-3890 Fax: (505) 244-3889 Email: bbrack@raylaw.com - and - Jeff Ray, Esq. Jeffrey T. Lucky, Esq. Jeramy Schmehl, Esq. RAY MCCHRISTIAN & JEANS PC 5822 Cromo Dr El Paso, TX 79912-3903 Phone: (915) 832-7200 Email: jray@rmjfirm.com jlucky@rmjfirm.com jschmehl@raylaw.com - and - Christopher J. Tebo, Esq. RAY | PENA | MCCHRISTIAN, PC 6501 Americas Pkwy NE, Suite 820 Albuquerque, NM 87110 Phone: (505) 212-8020 Fax: (505) 212-0140 Email: ctebo@raylaw.com REVOLVE GROUP: Estevez Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Revolve Group, Inc. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Revolve Group, Inc., Case No. 1:21-cv-09052 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. REVOLVE -- https://www.revolve.com/ -- is home to the world's most-coveted designer apparel, shoes & accessories from Lovers + Friends, For Love & Lemons, NBD, Free People, Joie + more.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com ROM GROCERY: Herrera Files FLSA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Rom Grocery Corp., et al. The case is styled as Hilario Herrera Herrera, and on behalf of others similarly situated v. Rom Grocery Corp. doing business as: Bagels & Schmear, Armando Huitzil, Case No. 1:21-cv-09031 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Fair Labor Standards Act for Denial of Overtime Compensation. Rom Grocery Corp. doing business as Bagels & Schmear -- http://www.bagelsandschmear.com/-- opened its doors in 2000 in the Flatiron District and serve a full line of bakery products and all baking is done on premises.[BN] The Plaintiff appears pro se. ROOM & BOARD: Contreras Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Room & Board, Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Room & Board, Inc., Case No. 1:21-cv-09063 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Room & Board -- https://www.roomandboard.com/ -- is an American modern furniture and home furnishings retailer based in Minneapolis, Minnesota.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com ROOSTER TEETH: Estevez Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Rooster Teeth Productions, LLC. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Rooster Teeth Productions, LLC, Case No. 1:21-cv-09007 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Rooster Teeth Productions, LLC -- https://roosterteeth.com/ -- is an American video production company headquartered in Austin, Texas.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com RUTHERFORD COUNTY, TN: Settlement Set to be Finalized on Dec. 3 --------------------------------------------------------------- Scott Broden, writing for Murfreesboro Daily News Journal, reports that Rutherford County's juvenile justice system has struggled for years to identify and utilize proper engagement with children, according to scores of local, state and national leaders. While the eyes of America are now following an $11 million class action lawsuit against the county -- an estimated 1,400 minors are eligible for the settlement -- the genesis of this dilemma dates back nearly three decades, if not longer. The Daily News Journal compiled a timeline that illustrates Rutherford County's path to today's troubles. Timeline for $11 million settlement 1990s: Rutherford County illegally arrested and incarcerated thousands of children, starting in 1993 at the Juvenile Detention Center on misdemeanor charges, according to plaintiffs in the class action lawsuit. "Tennessee law strictly prohibits the pretrial incarceration of children" unless the youth are "being charged with a violent felony, a weapons offense or a probation violation," stated the lawsuit filed in July 2017. 2000: Rutherford County Juvenile Court Judge Donna Scott Davenport won election to a new seat. Previously, Rutherford County General Sessions Court judges presided over juvenile cases. 2003: Davenport issued an order and memorandum that stated "upon the arrest of any juvenile, the arresting officer shall transport the child to the Rutherford County Juvenile Detention Facility." 2006: Davenport won re-election (unopposed) to an eight-year term. 2008: Lynn Duke, director of the Rutherford County Juvenile Detention Center, established a "filter system" policy that empowered center staff to decide whether "unruly" children should be jailed if determined to be a "TRUE threat to themselves or the community," according to a federal court ruling. August 2014: Davenport won a second re-election (unopposed). 2014: The Rutherford County Juvenile Detention Center incarcerated Kazmere Watts on a misdemeanor assault charge after a school fight when he was a freshman at Oakland High. Although the incident marked his first time facing disciplinary actions, Watts said later he felt like authorities were questioning his character and the character of his family. Dec. 12, 2014: Judge Davenport, an adjunct professor at Middle Tennessee State University, spoke at the university's fall graduation ceremony. October 2015: Lawsuit accused probation contractor PCC (Providence Community Corrections) of extortion when people were sent to Rutherford County jail for not paying fees that were unaffordable for many. November 2015: Chief U.S. District Judge Kevin H. Sharp called Rutherford County probation practices "troubling." December 2015: Judge Sharp ordered release of inmates jailed for not paying probation fees to PCC. March 2016: Video of elementary-school-aged children fighting off campus in Murfreesboro is posted on YouTube. The nearly two-minute video displayed a group of children following another child while yelling, "Hit him!" and "beat him!" and "Get him!" The video showed two children punching an unfazed, larger child who walked away, while children continued to take swings at his back. The fight occurred on several residential yards and a street. Many other children were present, and the video recorded the voices and images of part of the group, court records show. April 2016: Murfreesboro Police Chief Karl Durr started job to replace retired Chief Glenn Chrisman. April 2016: Murfreesboro Police Department arrested 10 children, including four at Hobgood Elementary, following an investigation of the video. At least one of the children was handcuffed in front of students and administrators before being transported to the Rutherford County Juvenile Detention Center. Another child begged for her mother, cried and threw up on the floor before MPD transported her to the juvenile detention center, court records show. April 2016: More than 150 residents gathered for a community meeting to discuss the arrests of children. Former Murfreesboro Police Chief Karl Durr and former City Manager Rob Lyons attended the meeting at First Baptist Church East Castle Street. Among the upset residents was Zacchaeus Crawford, the father of three children arrested. Two of his kids were not at the scene of the fight in question, according to court records of the family's false arrest lawsuit. April 2016: Davenport ordered a 15-year-old boy with developmental disabilities into solitary confinement. April 2016: Karl Durr, the new MPD chief, promised to review arrests of children at Hobgood Elementary and elsewhere. April 2016: House Democratic Caucus Chairman Mike Stewart and Rep. John Ray Clemmons called for an investigation of Hobgood Elementary arrests. April 2016: Federal judge ordered a 15-year-old boy with developmental disabilities to be released from solitary confinement at Rutherford County Juvenile Detention Center. May 2016:Police chief met with Black pastors about arrests at Hobgood Elementary. May 2016:MPD Maj. Clyde Adkison, commander of administrative services, was placed on administrative leave with pay while MPD investigated arrests at Hobgood Elementary. June 2016: Judge Davenport dismissed charges of the three arrested Crawford children, as well as for others around that time, including the daughter of a Martin family. Nov. 2016: Miller Meadows, Tennessee Corrections Institute Detention Facilities Specialist, examined Rutherford County Adult Detention Center and noted how the "restraint chair logs and suicide logs reflect that checks are not conducted within 15-minute standard." Nov 2016: Rutherford County Jail converted four of 12 new jailers positions to booking officers to meet 15-minute check standard mandated by the state. Dec. 2016: State decertified Rutherford County jail. Dec. 20, 2016: MPD released an internal investigation report to the The Daily News Journal about the arrests of children. Document stated six officers violated MPD policy: Maj. Clyde Adkison, Lt. Steve Teeters, Sgt. Greg Walker, Sgt. Scott Newberg, School Safety and Education Officer Crystal Templeton and Officer Mark Todd. The supervisors were cited for failing to supervise Templeton in her arrest plans or the situation in general. Templeton faced the most severe discipline. The department reassigned Templeton from being a school officer to the quartermasters office, suspended her three days and placed her on six months of probation. Feb. 2017: The Crawford family filed a lawsuit against MPD and the juvenile detention center. May 15, 2017: Nashville Chief U.S. District Court Judge Waverly D. Crenshaw Jr. ruled that the Rutherford County Juvenile Detention Center must stop illegally incarcerating children on minor misdemeanor charges based on Davenport's 2003 order and memorandum. "The juveniles that are arrested in Rutherford County are being deprived of their procedural due process rights, which is unquestionably irreparable harm," Crenshaw stated his ruling. July 2017: Kazmere Watts joined other plaintiffs in a class-action case against Rutherford County after being illegally jailed on a 2014 misdemeanor assault charge following a school fight. Aug. 2017: The Crawford family reached a $86,500 settlement agreement following arrests of three children at Hobgood Elementary. September 2017: Rutherford County and Providence Community Corrections agreed to pay $14.3 million in extortion lawsuit. Oct. 2017: The Martin family sued MPD officer Crystal Templeton following the arrest of their daughter at Hobgood Elementary. October 2017: MPD Chief Durr resigned. Feb. 26, 2018: The Martin family reached an $80,000 settlement agreement with Murfreesboro. Jan. 2019: Rutherford County and state agree to pay $250,000 to the family of a boy with developmental disabilities locked in solitary confinement. County's share of settlement was $166,667 while state's was $83,333, federal court records show. June 2021: Plaintiffs in class action suit against Rutherford County Juvenile Detention Center reached $11 million settlement agreement. July through Oct. 29 deadline in 2021: Attorneys representing plaintiffs seek to spread the word about filing for a claim. Oct. 10, 2021: Vincent Windrow, senior pastor at Olive Branch Church in Murfreesboro, preached to his congregation about the illegal incarceration of children. "I'm not talking about hardened criminals; I'm not talking about mobsters or gangsters," said Windrow, his voice amplifying in rage. "We are talking about children. . . . Such a lack of humanity." Oct. 12, 2021: MTSU President Sidney McPhee emailed faculty and staff about the university cutting ties to Judge Davenport. Said McPhee: "To the university community, adjunct instructor Judge Donna Scott Davenport, whose actions overseeing Rutherford County Juvenile Court have recently drawn attention in national media reports, is no longer affiliated with the university." Oct 29, 2021: The deadline for filing claims in the class-action lawsuit. Dec 3. 2021: Expected date for final settlement. Reach reporter Scott Broden with news tips through email at sbroden@dnj.com or phone at 615-278-5158. Follow him on Twitter @ScottBroden. How to file a claim Learn more about the settlement by visiting the claims administrator website: rutherfordjuvenilesettlement.com. Or contact the Nashville law firm, Brazil Clark through phone at 615-730-8619 or or email at info@brazilclark.com. [GN] S&P GLOBAL: Investor Class Suits Underway in Australia ------------------------------------------------------ S&P Global Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 26, 2021, for the quarterly period ended September 30, 2021, that investor class suits underway in Australia. A class action lawsuit was filed in Australia on August 7, 2020, against the Company and a subsidiary of the Company. A separate lawsuit was filed against the Company and a subsidiary of the Company in Australia on February 2, 2021, by two entities within the Basis Capital investment group. The lawsuits both relate to alleged investment losses in collateralized debt obligations rated by the Company's Ratings unit prior to the financial crisis. "We can provide no assurance that we will not be obligated to pay significant amounts in order to resolve these matters on terms deemed acceptable," the Company said. S&P Global Inc. provides transparent and independent ratings, benchmarks, analytics and data to the capital and commodity markets worldwide. SCHWEITZER LINES: Contreras Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Schweitzer Linens, Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Schweitzer Linens, Inc., Case No. 1:21-cv-09067 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Schweitzer Linen -- https://schweitzerlinen.com/ -- has been established as the premier supplier of high quality, luxury linens in Manhattan, New York for over 45 years.[BN] The Plaintiff appears pro se. SHAMUS & PEABODY: Estevez Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Shamus & Peabody, LLC. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Shamus & Peabody, LLC, Case No. 1:21-cv-08999 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Shamus & Peabody, LLC is in the Confectionery business.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com SOLOMID CORPORATION: Estevez Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Solomid Corporation. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Solomid Corporation, Case No. 1:21-cv-08942 (S.D.N.Y., Nov. 1, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. SoloMid Corporation is the owner of TSM -- https://tsm.gg/ -- an esports gaming team.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com STEKLEN & WALKER: Contreras Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Steklen & Walker Co., Inc. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Steklen & Walker Co., Inc., Case No. 1:21-cv-09095 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Steklen & Walker Co., Inc., doing business as Wine Library -- https://winelibrary.com/ -- offers wine, spirits, and other alcoholic beverage.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com T ROWE PRICE: Settlement Reached in 401(k) Plan Related Suit ------------------------------------------------------------ T. Rowe Price Group, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission on October 28, 2021, for the quarterly period ended September 30, 2021, that an agreement in principle has been reached in the class action suit related to the company's 401(k) Plan. On February 14, 2017, T. Rowe Price Group, Inc., T. Rowe Price Associates, Inc., T. Rowe Price Trust Company, current and former members of the management committee, and trustees of the T. Rowe Price U.S. Retirement Program were named as defendants in a lawsuit filed in the United States District Court for the District of Maryland. The lawsuit alleges breaches of The Employee Retirement Income Security Act of 1974's (ERISA's) fiduciary duty and prohibited transaction provisions on behalf of a class of all participants and beneficiaries of the T. Rowe Price 401(k) Plan from February 14, 2011, to the time of judgment. The matter has been certified as a class action. The parties have reached an agreement in principle for a settlement, which will be presented to the court for approval. The proposed settlement would not be material to T. Rowe Price Group, Inc. No further updates were provided in the Company's SEC report. T. Rowe Price Group, Inc., incorporated on February 4, 2000, is a financial services holding company. The Company provides global investment management services through its subsidiaries to investors across the world. The Company provides an array of Company-sponsored mutual funds, other sponsored pooled investment vehicles, sub-advisory services, separate account management, record-keeping, and related services to individuals, advisors, institutions, financial intermediaries and retirement plan sponsors. The firm was previously known as T. Rowe Group, Inc. and T. Rowe Price Associates, Inc. T. Rowe Price Group, Inc. was founded in 1937 and is based in Baltimore, Maryland. TD ASSOCIATES: Contreras Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against TD Associates, LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. TD Associates, LLC, Case No. 1:21-cv-09096-VSB (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. TD Associates, LLC doing business as Tackle Direct -- https://www.tackledirect.com/ -- is a world premier fishing outfitter.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com TDB COMMUNICATIONS: Ramos Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against TDB Communications, Inc., et al. The case is styled as Irene Ramos, on behalf of all others similarly situated v. TDB Communications, Inc., Gainwell Technologies, LLC, Does 1-20, Case No. 34-2021-00310107-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., Oct. 21, 2021). The case type is stated as "Other Employment - Civil Unlimited." TDB, a verified Service Disabled Veteran-Owned Small Business (SDVOSB) -- https://www.tdbgov.com/ -- is a national workforce solutions provider specializing in delivering project management, consulting, records management and temporary staffing services to Federal Government Agencies.[BN] The Plaintiff is represented by: Timothy B. Del Castillo, Esq. CASTLE LAW: CA EMPLOYMENT COUNSEL, PC 2999 Douglas Blvd., Ste. 180 Roseville, CA 95661-4219 Phone: 916-245-0122 Email: tdc@castleemploymentlaw.com TGINESIS LLC: Estevez Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against TGINESIS LLC. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. TGINESIS LLC, Case No. 1:21-cv-09021 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. TGINESIS LLC is in the Independent Artists, Writers, and Performers industry.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com UNCONDITIONAL LOVE: Estevez Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Unconditional Love Inc. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. Unconditional Love Inc., Case No. 1:21-cv-09025-VEC (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Unconditional Love -- https://unconditionalloveinc.org/ -- is a HIV testing center in Melbourne, Florida.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com VIATRIS INC: Sued Over Scheme to Monopolize EpiPen Market --------------------------------------------------------- April Sumner, individually and on behalf of all others similarly situated v. Viatris Inc. (Successor-in-Interest to Mylan N.V.), Mylan Specialty L.P., Mylan Pharmaceuticals, Inc., and Heather Bresch, Case No. 1:21-cv-00270 (E.D. Tenn., Nov. 2, 2021), is brought seeking to recover damages and overpayments from at least 2009 through the present, as well as injunctive relief under the federal antitrust laws and various state consumer protection and antitrust laws with regards to the Defendants' fraudulent scheme to obtain and maintain a monopoly in the market for epinephrine autoinjectors. According to the complaint, of necessity, because there is no meaningful competition in the market, the vast majority of American children and adults with severe allergies turn to a simple, decades old device to administer an epinephrine dose: the EpiPen autoinjector. The EpiPen is manufactured by two subsidiaries of Pfizer, Inc. (King Pharmaceuticals, Inc. and Meridian Medical Technologies, Inc.) and sold in the United States by Defendant Mylan, which states on its website that its mission is: "Do what's right, not what's easy" and that "Integrity" is one of its "Values." It also states: "Doing what's right is sacred to us. We behave responsibly, even when nobody's looking." Since at least 2009, however, Defendants have done the opposite of "what's right." Instead, Defendants devised an illegal scheme to monopolize the market for epinephrine auto-injector devices. As a result, millions of Americans relying on this life-saving device have paid exorbitant prices for EpiPens that are in no way tethered to or constrained by a competitive market. Unlawfully exercising its monopoly power, Mylan hiked the list price for two EpiPens to $608 in 2016, up from $100 in 2007—an increase of over 600%. The price increases was not attributable to market conditions, increases in manufacturing costs, or shortages in the supply of epinephrine. They were driven solely by unaccountable executives and companies who sought to profit off of human misery and fear. The EpiPen price hikes were the fruits of a multi-faceted, fraudulent scheme to obtain and maintain a monopoly in the market for epinephrine autoinjectors at the expense of American consumers and third party payors. To effectuate this scheme, Defendants combined and conspired to: Misclassify the EpiPen under Medicaid's Medical Drug Rebate Program to save hundreds of millions of dollars in rebates; Utilize their Medicaid savings to offer aggressive rebates and incentives to Pharmacy Benefit Managers, conditioned on excluding competitors from the market; Use Mylan's Access to Schools program to hook consumers on its product, meanwhile conditioning the provision of free EpiPens to schools on the exclusion of competitor products; Engage in deceptive marketing programs to restrain and prevent competition; Assert and prosecute invalid patents to dissuade competitors from entering the market for epinephrine autoinjectors; Intervene in regulatory proceedings to delay competitors' entry in the market; Enter into unlawful pay-for-delay settlement agreements with competitors to maintain Mylan's monopoly; Convince regulators and the public that a medical need justified Mylan's decision to sell EpiPens solely in 2-paks, thereby exercising monopoly power to double consumer and third-party payor expenses; and Falsely testify to Congress in an effort to avoid scrutiny and government action. These unlawful acts have resulted not only in this private suit, but on January 30, 2017, the Federal Trade Commission announced that it is investigating numerous possible federal law violations by Mylan in connection with the EpiPen. It is time to put a stop to Defendants' galling actions that have endangered the lives of millions of Americans, all while funneling hundreds of millions of dollars in illegal profits to Defendants' coffers. It is also time to send a message that the law will not tolerate the fraudulent and anticompetitive actions of America's pharmaceutical giants. This case is of immense importance to Plaintiff, members of the Classes she seek to represent, and the American public, says the complaint. The Plaintiff purchases EpiPens for her ten-year-old son, Eric Sumner, who is allergic to eggs and peanuts and her husband, Micah Sumner, who has certain food allergies. Viatris Inc. is a successor-in-interest to Mylan N.V. and is registered to do business in the State of New York.[BN] The Plaintiff is represented by: John Spragens, Esq. SPRAGENS LAW PLC 311 22nd Ave. N. Nashville, TN 37203 Phone: (615) 983-8900 Email: john@spragenslaw.com - and - Rosemary M. Rivas, Esq. GIBBS LAW GROUP LLP 505 14th Street, Suite 110 Oakland, CA 94612 Phone: (510) 350-9700 Facsimile: (510) 350-9701 Email: rmr@classlawgroup.com VVF INTERVEST: Robertson Sues Over Unpaid Straight, Overtime Wages ------------------------------------------------------------------ Marlon Robertson, individually, and on behalf of all others similarly situated v. VVF INTERVEST, LLC, VVF KANSAS, LLC, & VVF KANSAS SERVICES, LLC, Case No. 2:21-cv-02507 (D. Kan., Nov. 2, 2021), is brought under the Fair Labor Standards Act to recover unpaid overtime wages and unpaid straight time due and owed to the Plaintiff. The Defendants failed to pay the Plaintiff the wages that were due and owing pursuant to state and/or federal law for all hours worked in a single workweek. In particular, the Defendants' timekeeping policies, practices, and/or procedures result in a failure to pay all wages due and owing under state and federal law or equity. The effects of these policies, practices, and/or procedures fall into three different categories: Unlawful Rounding; Manipulation of the FLSA Workweek to Avoid Overtime; and Deduction of Untaken/Interrupted Lunch Breaks. The Defendants' systematic violations of federal and state wage laws were willful and emanated from Defendant, says the complaint. The Plaintiff has been employed by the Defendants as an hourly laborer at Defendants' place of business located in Kansas City, Kansas from December 21, 2020 through the August 12, 2021. VVF Intervest, LLC is the parent company that owns and operates subsidiary locations in Kansas, Illinois, and Ohio.[BN] The Plaintiff is represented by: Matthew E. Osman, Esq. OSMAN & SMAY LLP 7111 W. 151st St., #316 Overland Park, KS 66223 Phone: (913) 667-9243 Fax: (866) 470-9243 Email: mosman@workerwagerights.com WE ARE NATIONS: Estevez Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against We Are Nations, Inc. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. We Are Nations, Inc., Case No. 1:21-cv-09020 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. We Are Nations -- https://wearenations.com/ -- is the largest esportswear company in the world.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com WHISTLEPIG LLC: Estevez Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against WhistlePig, LLC. The case is styled as Arturo Estevez, individually and on behalf of all others similarly situated v. WhistlePig, LLC, Case No. 1:21-cv-09018 (S.D.N.Y., Nov. 2, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. WhistlePig Rye Whiskey -- https://whistlepigwhiskey.com/ -- is committed to crafting the world's finest and most interesting Rye Whiskeys.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com WILDERNESS SPORTS: Contreras Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Wilderness Sports Warehouse, LLC. The case is styled as Yensy Contreras, individually and on behalf of all others similarly situated v. Wilderness Sports Warehouse, LLC, Case No. 1:21-cv-09097 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Wilderness Sports Warehouse LLC doing business as Tackle Warehouse -- http://www.tacklewarehouse.com/-- is a company that specializes in the retail sale of various fishing poles such as casting reels, spinning reels, and fishing bait.[BN] The Plaintiff is represented by: Jarrett Scott Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, Ste. 24th Floor New York, NY 10281 Phone: (212) 595-6200 Email: jcharo@mizrahikroub.com WILMINGTON UNIVERSITY: Estevez Files ADA Suit in S.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against Wilmington University, Inc. The case is styled as Arturo Estevez, on behalf of himself and all other persons similarly situated v. Wilmington University, Inc., Case No. 1:21-cv-09075 (S.D.N.Y., Nov. 3, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Wilmington University -- https://www.wilmu.edu/ -- is a private university with its main campus in Wilmington Manor, Delaware, with a New Castle street address.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal WIRELESS LIFESTYLE: DeMarcus Sues Over Unpaid Overtime Wages ------------------------------------------------------------ Tracy DeMarcus, Individually and on behalf of others similarly situated v. WIRELESS LIFESTYLE, a corporation; SPRINT BY WIRELESS LIFESTYLE, a corporation; DOES 1-20, Case No. 21STCV40323 (Cal. Super. Ct., Los Angeles Cty., Nov. 2, 2021), is brought against the Defendants who have violated the California Labor Code by failing to pay overtime wages and provide lunch breaks. The Plaintiff was paid $19.00 per hour minimum. She worked 45 hours or more per week at the store to which she was assigned, five hours of which were paid as overtime. The Plaintiff also received commissions on sales of devices, upgrades, and other items and services, plus bonuses for her performance. In addition to work at the retail store, the Plaintiff worked an additional 15 hours per week on her "days off" from the retail store, for which she was not compensated. During the Plaintiff's employment, although she was told she was entitled to a lunch break after 5 hours, she was often denied the ability to take a lunch break and would be paid for one hour if she missed lunch, and would have to stay with customers she was handling if her lunch break time arrived, forcing her to miss lunch breaks, says the complaint. The Plaintiff was employed by the Defendant as a Store Manager from October, 2018, until June 26, 2020. WIRELESS LIFESTYLE is a corporation doing business in Los Angeles County, California.[BN] The Plaintiff is represented by: David J. Duchrow, Esq. LAW OFFICE OF DAVID J. DUCHROW 8929 S. Sepulveda Blvd., Suite 204 Los Angeles, CA 90045 Phone (310) 452-4900 Facsimile (310) 452-4901 ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2021. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***