/raid1/www/Hosts/bankrupt/CAR_Public/211222.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, December 22, 2021, Vol. 23, No. 249
Headlines
590-600 REALTY: Acosta Suit Alleges Unpaid Wages, Retaliation
ALL FOR YOU: Case Management Order Entered in Abante Class Suit
ALTRU HEALTH: Bid to Dismiss Partly Granted in Rosenkranz Suit
AMERICA'S LIFT: Bid for Class Certification Due August 7, 2022
AMERICAN GLOBAL: Fralish Files TCPA Suit in N.D. Indiana
ASSESSOR OF FLORAL PARK: Hergermiller Files Suit in N.Y. Sup. Ct.
ASTROWORLD LITIGATION: Motion for Transfer to Pretrial Court
BERKELEY LIGHTS: Faces Ng Suit Over Alleged Drop in Share Price
BEYOND BETTER: Weekes Files ADA Suit in S.D. New York
BILL DE BLASIO: Marciano Files Petition in N.Y. Sup. Ct.
BOSTON, MA: Norkunas Appeals Ruling in Muehe ADA Class Suit
BRISTOL-MYERS SQUIBB: Bernstein Securities Suit Removed to D.N.J.
CALIFORNIA PIZZA: Morales Files Breach of Contract Suit in Calif.
CHOCOLATE COVERED: Lopez Files ADA Suit in S.D. New York
ELIASSEN GROUP LLC: Scarpa Labor Suit Claims Unpaid Overtime
ELYMAR RESTAURANT: Faces Beitmirza Wage-and-Hour Suit in S.D.N.Y.
FINANCIAL RECOVERY: Wolkenfeld Hits Time-barred Collection Letter
GOLD CREST: Tavarez-Vargas Files ADA Suit in S.D. New York
GREGORY FUNDING: Connelly Files FDCPA Suit in S.D. Florida
GUIDANT GLOBAL: Renewed Bid to Certify Class Partly Granted
HELIX ELECTRIC: McFarland Slams Unpaid Overtime, Missed Breaks
HOLIDAY HOSPITALITY: PH Lodging Sues Over Anticompetitive Scheme
HOME TECH INNOVATION: Fischler Files ADA Suit in E.D. New York
HOME WARRANTY: Petree Files Class Action Suit in Fla. Cir. Ct.
HOP ENERGY: Faces Melville Suit Over Unfair Business Practices
HUNTER WARFIELD INC: Atwell Slams Erroneous Collection Letter
INTERNATIONAL MEDICAL: Nance Files Suit in E.D. California
IRONSHORE INDEMNITY: Wins Bid to Dismiss Knox Class Action
JP MORGAN: Dennis Suit Seeks to Certify Settlement Class
JUUL LABS: Faces Northport Suit Over Youth's E-Cigarette Addiction
JUUL LABS: Kendall District Sues Over Deceptive E-Cigarette Ads
KING FEATURES: Weekes Files ADA Suit in S.D. New York
KOHN GALLERY: Murphy Files ADA Suit in S.D. New York
KONINKLIJKE PHILIPS: CPAP Devices "Defective," Goldis Suit Claims
KONINKLIJKE PHILIPS: Faces Lawyer Suit Over Defective CPAP Devices
KONINKLIJKE PHILIPS: Foster Files Suit in W.D. Pennsylvania
KONINKLIJKE PHILIPS: Garcia Sues Over CPAP Device Injuries
KONINKLIJKE PHILIPS: Paulk Suit Moved From N.D. Fla. to W.D. Pa.
LABX MEDIA: Gibson Sues Over Unlawful Exchange of Information
LEDGER SAS: Baton Seeks 9th Cir. Review in Contract Suit Dismissal
MONTAUK PLUMBING: Gonzalez Sues Over Plumbers' Unpaid Wages
MOVADO GROUP: Lopez Files ADA Suit in S.D. New York
NEBIA INC: Fischler Files ADA Class Suit in S.D. New York
NEUTRON HOLDINGS: Fuhrer Files Suit in Cal. Super. Ct.
NEXTLEVEL ASSOCIATION: Joseph Sues Over Estoppel Certificates' Fees
NIGHT GALLERY: Murphy Files Suit in S.D.N.Y. Over ADA Violations
OCTAVIA GATEWAY: 8 Octavia Balks at Improper Omission of Inspection
PERRY'S RESTAURANTS: Conditional Cert. of Server Class Sought
PERSOLVE RECOVERIES: Allecia Sinkfield Seeks to Certify Class
PLD TRANSPORT: Ellis Files FLSA Suit in W.D. Arkansas
PROCTER & GAMBLE: Lyle Sues Over Mislabeled Antiperspirant Sprays
QUEST DIAGNOSTICS: Vecchio Seeks to Conditionally Certify Class
REVANCE THERAPEUTICS: Inflated Prices of Securities, Aramic Claims
SAFECO INSURANCE: Amended Case Management Order Entered in Garth
SELKBAG USA: Lopez Files ADA Suit in S.D. New York
SEQUOIA ONE: Bendau Sues Over Associate Therapists' Unpaid Wages
SNOW COSMETICS: Lopez Files ADA Class Suit in S.D. New York
SOUP N BURGER: Kargi Sues Over Unpaid Minimum, Overtime Wages
SPURGEON: Boyd Files Prisonsers' Suit in S.D. Indiana
TETHER HOLDINGS: Anderson Sues Over Tether Token Misrepresentations
TICKETON ENTERTAINMENT: Bosley Slams Illegal SMS Ads
UNITED AIRLINES: Scholz Wage-and-Hour Suit Goes to N.D. California
VIVINT SOLAR: Joint Bid to Modify Class Cert Briefing Sched Filed
W.J. DEUTSCH: Martinez Files ADA Suit in E.D. New York
*********
590-600 REALTY: Acosta Suit Alleges Unpaid Wages, Retaliation
-------------------------------------------------------------
MELVIN ACOSTA, individually and on behalf of all others similarly
situated, Plaintiff v. 590-600 REALTY CORP., RAJMATTIE PERSAUD, and
KARAN SINGH, Defendants, Case No. 2:21-cv-06835 (E.D.N.Y., December
10, 2021) is a class action against the Defendants for violations
of the Fair Labor Standards Act and the New York Labor Law
including failure to pay overtime wages for all hours worked in
excess of 4 hours in a workweek, failure to pay appropriate minimum
wages, failure to provide proper wage statements, retaliation, and
conversion.
The Plaintiff worked for the Defendants as a maintenance worker
from 2010 until August 2020.
590-600 Realty Corp. is a domestic business corporation with its
principal place of business in New York, New York. [BN]
The Plaintiff is represented by:
Michael Taubenfeld, Esq.
FISHER TAUBENFELD LLP
225 Broadway, Suite 1700
New York, NY 10007
Telephone: (212) 571-0700
Facsimile: (212) 505-2001
ALL FOR YOU: Case Management Order Entered in Abante Class Suit
---------------------------------------------------------------
In the class action lawsuit captioned as ABANTE ROOTER AND
PLUMBING, INC., v. ALL FOR YOU PRODUCTIONS INC., Case No.
3:21-cv-05608-TSH (N.D. Cal.), the Hon. Judge Thomas S. Hixson
entered an case management order as follows:
-- Deadline to Seek Leave to Amend Feb. 11, 2022
Pleadings:
-- Deadline to Move for Class: June 23, 2022
Certification
-- Close of Fact Discovery: Sept. 26, 2022
-- Disclosure of Expert Witnesses: Oct. 27, 2022
-- Disclosure of Rebuttal Expert Nov. 24, 2022
Witnesses:
-- Close of Expert Discovery: Dec. 22, 2022
-- Deadline to File Dispositive Jan. 19, 2023
Motions:
-- Hearing on Dispositive Motions: Feb. 23, 2023
-- Exchange of Pretrial Disclosures: March 26, 2023
-- Deadline to File Pretrial: May 11, 2023
-- Deadline to File Oppositions May 18, 2023
to Motions in Limine:
-- Pretrial Conference: June 1, 2023
-- Final Pretrial Conference: June 29, 2023
-- Jury Trial (Duration to be July 10, 2023
determined)
A copy of the Court's order dated Dec. 10, 2021 is available from
PacerMonitor.com at https://bit.ly/3oWHbk4 at no extra charge.[CC]
ALTRU HEALTH: Bid to Dismiss Partly Granted in Rosenkranz Suit
--------------------------------------------------------------
In the class action lawsuit captioned as Jana R. Rosenkranz, Joan
Mondry, and Ramona Driscoll, individually and on behalf of all
others similarly situated, v. Altru Health System, the Altru Health
System Retirement Committee, and John Does 1-20, Case No.
3:20-cv-00168-PDW-ARS (D.N.D.), the Hon. Judge Peter D. Welte
entered an order granting in part and denying in part the
Defendants' motion to dismiss as follows:
-- The Court grants Defendants' motion to dismiss the
collective trust, investment management fees, and
performance claims under Plaintiffs' first claim for
relief against the Committee but denies the motion as to
Plaintiffs' remaining allegations (regarding lower-cost
class share and recordkeeping fees) under Plaintiffs'
first claim for relief.
-- Because the second claim for relief, as asserted against
Altru, is derivative of the first claim, the Court denies
Defendants' motion as the second claim for relief.
Altru Health is an American healthcare provider headquartered in
Grand Forks, North Dakota. Altru is a nonprofit organization that
serves a region with a population of roughly 225,000.
A copy of the Court's order dated Dec. 10, 2021 is available from
PacerMonitor.com at https://bit.ly/3F32nu7 at no extra charge.[CC]
AMERICA'S LIFT: Bid for Class Certification Due August 7, 2022
--------------------------------------------------------------
In the class action lawsuit captioned as CRYSTAL CHAPMAN v.
AMERICA'S LIFT CHAIRS, LLC, Case No. 4:21-cv-00245-WTM-CLR (S.D.
Ga.), the Hon. Judge Christopher L. Ray entered an order imposing
the following deadlines:
-- Date of Rule 26(f) Conference: November 23, 2021
-- Last day to exchange initial December 16, 2021
disclosures:
-- Fact Discovery: April 12, 2022
-- Last day for filing motions February 11, 2022
to amend or add parties:
-- Last day to furnish expert May 12, 2022
witness reports by plaintiff:
-- Last day to furnish expert June 10, 2022
witness reports by defendant:
-- Close of Discovery: July 7, 2022
-- Joint status report due: July 29, 2022
-- Motion for class certification August 7, 2022
due:
The Court declines, however, to impose the parties' proposed
springing dispositive motions deadline. Instead, the Court directs
the parties to file a status report within 14 days of the Court's
ruling on Plaintiff's Motion for Class Certification. The report
should propose deadlines for any further activity in the case.
A copy of the Court's order dated Dec. 10, 2021 is available from
PacerMonitor.com at https://bit.ly/3muysEf at no extra charge.[CC]
AMERICAN GLOBAL: Fralish Files TCPA Suit in N.D. Indiana
--------------------------------------------------------
A class action lawsuit has been filed against American Global
Obligors, Inc., et al. The case is styled as John Fralish,
individually and on behalf of all others similarly situated v.
American Global Obligors, Inc. d/b/a Choice Home Warranty, Does
1-10, Case No. 3:21-cv-00942-DRL-MGG (N.D. Ind., Dec. 13, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
American Global Obligors, Inc. doing business as Choice Home
Warranty (CHW) -- https://www.choicehomewarranty.com/ -- is one of
the best home warranty companies in the industry, operating in
every state in the country but California and Washington.[BN]
The Plaintiff is represented by:
David B. Levin, Esq.
LAW OFFICES OF TODD M. FRIEDMAN PC
111 W Jackson Blvd Ste 1700
Chicago, IL 60604
Phone: (224) 218-0882
Fax: (866) 633-0228
Email: dlevin@toddflaw.com
ASSESSOR OF FLORAL PARK: Hergermiller Files Suit in N.Y. Sup. Ct.
-----------------------------------------------------------------
A class action lawsuit has been filed against The Assessor of the
Village of Floral Park, et al. The case is styled as Joann
Hergermiller, All other similarly situated Petitioners on the
annexed SCHEDULE A, Petitioner v. The Assessor of the Village of
Floral Park, The Board of Assessment Review of the Village of
Floral Park, Respondents, Case No. 615569/2021 (N.Y. Sup. Ct.,
Nassau Cty., Dec. 13, 2021).
The case type is stated as "SP-CPLR Article 78 (Body or Officer)."
Floral Park -- https://fpvillage.org/ -- is an incorporated village
in Nassau County, New York, United States, on Long Island.[BN]
The Petitioner is represented by:
MAIDENBAUM & STERNBERG, LLP
132 Spruce St
Cedarhurst, NY 11516-1915
ASTROWORLD LITIGATION: Motion for Transfer to Pretrial Court
------------------------------------------------------------
IN RE: Astroworld Litigation, Adam Cox and Jennifer Cox,
individually and as next friends of B.C., Chris Hilgert,
individually and as personal representative of the Estate of
J.W.H., Nichole Hilgert, individually and as personal
representative of the Estate of J.W.H.; Edgar Raul Acosta,
Individually and as Representative of the Estate of Axel Acosta,
Deceased, Dejuan Adams, Charles Alford, Yolanda Almendarez, Nicolas
Alvarez, Adela Alvarez, Lindsay Elaine Ayala, Kaelyn Ayala,
Markeyonna Benton, Lana Blackman, on Behalf of Minor Child W.B.,
Andre Booker, Rashawnda Brooks, on Behalf of Minor Child S.B.,
Gerleena Calhoun, on Behalf of Minor Child B.W., Emily Carbajal,
Izak Ismael Carbajal, Evonne Cardenas, Individually and on Behalf
of Minor Child C.D., Michael Carpenter, Brittany Castaneda,
Samantha Cerda, Dominique Christopher, Ariona Cisneros, Phillip
Conn, on Behalf of Minor Child A.C.; et al., Movants and Plaintiffs
v. SMG; ASM Global Parent, Inc.; ASM Global, LLC; SMG/ASM Global;
Mark Miller; Keith Butler; Harris County Sports & Convention
Corporation; Live Nation Worldwide, Inc.; Live Nation
Entertainment, Inc.; Live Nation Marketing, Inc.; Scoremore
Holdings, LLC; BWG, Inc.; Jacques Bermon Webster III a/k/a Travis
Scott, a/k/a Cactus Jack; Aubrey Drake Graham a/k/a Drake;
Contemporary Services Corporation; Paradocs Worldwide, Inc. d/b/a
Paradocs Event Medical Services; Movants and Defendants, Case No.
tex-59617314 (Tex. Sup. Ct., Judicial Panel, Multidistrict
Litigation, Dec. 1, 2021), files joint agreed motion for transfer
to pretrial court and immediate stay.
The Plaintiffs and principal Defendants in the hundreds of lawsuits
involving the recent Astroworld Festival1 (collectively, "Movants")
move pursuant to sections 74.161-.164 of the Texas Government Code
and Texas Rule of Judicial Administration 13 for the transfer of
related actions already filed, as well as tag-along actions, to a
pretrial court for consolidated and coordinated pretrial
proceedings. The parties have agreed to the transfer.
Movants are aware of 275 lawsuits with more than 1,250 plaintiffs
that have been filed in each of the 24 different district courts in
Harris County. Nearly all of the petitions allege injuries and/or
deaths as a result of an incident during a live performance by
musician Travis Scott at the Astroworld Festival. The lawsuits
involve common procedural questions and legal issues. Upon
information and belief including conversations with Plaintiffs'
counsel, Movants expect that the filing of new lawsuits will
continue. This type of litigation is exactly what the Texas MDL
process is designed to address. Transfer of all of these lawsuits
to a single pretrial judge for consolidated and coordinated
pretrial proceedings will eliminate duplicative discovery, conserve
resources of the judiciary, avoid conflicting legal rulings and
scheduling, and otherwise promote the just and efficient conduct of
all actions.[BN]
The Movants/Defendants are represented by:
Brett J. Young, Esq.
Kevin W. Yankowsky, Esq.
Peter C. Tipps, Esq.
NORTON ROSE FULBRIGHT US LLP
McKinney, Suite 5100
Houston, TX 77010-3095
Telephone: (713) 651-5151
Facsimile: (713) 651-5246
Email: brett.young@nortonrosefulbright.com
kevin.yankowsky@nortonrosefulbright.com
peter.tipps@nortonrosefulbright.com
- and -
Jeffrey A. Webb, Esq.
NORTON ROSE FULBRIGHT US LLP
111 West Houston St., Suite 1800
San Antonio, Texas 78205
Telephone: (210) 224-5575
Email: jeff.webb@nortonrosefulbright.com
- and -
Mark Emery, Esq.
NORTON ROSE FULBRIGHT US LLP
799 9th Street NW
Washington, DC 20001
Email: mark.emery@nortonrosefulbright.com
BERKELEY LIGHTS: Faces Ng Suit Over Alleged Drop in Share Price
---------------------------------------------------------------
VICTOR J. NG, Individually and on Behalf of All Others Similarly
Situated, Plaintiff v. BERKELEY LIGHTS, INC., ERIC D. HOBBS, SHAUN
M. HOLT and KURT WOOD, Defendants, Case No. 3:21-cv-09497 (N.D.
Cal., December 8, 2021) is a securities class action on behalf of
all purchasers of Berkeley Lights common stock between July 17,
2020 and September 14, 2021, inclusive, seeking to pursue remedies
against Berkeley Lights and certain of the Company's current and
former senior executives under Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934.
According to the complaint, the Defendants made false and
misleading statements and engaged in a scheme to deceive the market
and a course of conduct that artificially inflated the price of
Berkeley Lights common stock and operated as a fraud or deceit on
Class Period purchasers of Berkeley Lights common stock by
misrepresenting the value of the Company's business and prospects
by concealing the significant defects in its underwriting and due
diligence practices and deficiencies in its commercial credit
portfolio and related securitized assets. As Defendants'
misrepresentations and fraudulent conduct became apparent to the
market, the price of the Company's stock fell precipitously as the
prior artificial inflation came out of the stock's price. As a
result of their purchases of Berkeley Lights common stock during
the Class Period, Plaintiff and other members of the Class suffered
economic loss, i.e., damages, under the federal securities laws.
Berkeley Lights, Inc. operates as a biotechnology company. The
Company provides technology solutions for single cell manipulation
for biopharma, diagnostics, and life science research. Berkeley
Lights serves customers worldwide.[BN]
The Plaintiff is represented by:
Shawn A. Williams, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: (415) 288-4545
Facsimile: (415) 288-4534
- and -
Brian E. Cochran, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
- and -
Frank J. Johnson, Esq.
JOHNSON FISTEL, LLP
501 West Broadway, Suite 800
San Diego, CA 92101
Telephone: (619) 230-0063
Facsimile: (619) 255-1856
E-mail: frankj@johnsonfistel.com
BEYOND BETTER: Weekes Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Beyond Better Foods,
LLC. The case is styled as Robert Weekes, individually, and on
behalf of all others similarly situated v. Beyond Better Foods,
LLC, Case No. 1:21-cv-10581 (S.D.N.Y., Dec. 10, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Beyond Better Foods doing business as Enlightened --
https://eatenlightened.com/ -- is an American brand of consumer
packaged goods company and brand whose primary products are sold in
the United States and are marketed as a lower-calorie, healthier
alternatives to typical desserts like ice cream and snacks.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
BILL DE BLASIO: Marciano Files Petition in N.Y. Sup. Ct.
--------------------------------------------------------
Anthony Marciano, individually, and on behalf of all other
individuals similarly situated, Plaintiff\Petitioners v. BILL DE
BLASIO, MAYOR OF THE CITY OF NEW YORK, in his official capacity;
DAVE A. CHOCKSHI, COMMISSIONER OF HEALTH AND MENTAL HYGIENE, in his
official capacity; DERMOT SHEA, POLICE COMMISSIONER, in his
official capacity; THE NEW YORK CITY BOARD OF HEALTH; and THE CITY
OF NEW YORK, Defendants\Respondents, Case No. 160914/2021 (N.Y.
Sup. Ct., New York Cty., Dec. 1, 2021).
The Petitioner is challenging the "ORDER OF THE COMMISSIONER OF
HEALTH
AND MENTAL HYGIENE TO REQUIRE COVID-19 VACCINATION FOR CITY
EMPLOYEES AND CERTAIN CITY CONTRACTORS" (the "Vaccination Order",
or the "Order") signed by Respondent Health Commissioner. The
Petitioner is challenging the "SUPPLEMENTAL ORDER OF THE
COMMISSIONER OF HEALTH AND MENTAL HYGIENE TO REQUIRE COVID-19
VACCINATION FOR CITY EMPLOYEES AND CERTAIN CITY CONTRACTORS (the
"Supplemental Order") signed by Respondent Health
Commissioner.[BN]
The Petitioner is represented by:
Patricia Finn, Esq.
PATRICIA FINN ATTORNEY, P.C.
BOSTON, MA: Norkunas Appeals Ruling in Muehe ADA Class Suit
-----------------------------------------------------------
Interested Party and Class Member WILLIAM NORKUNAS filed an appeal
from a court ruling entered in the lawsuit entitled MICHAEL MUEHE,
ELAINE HAMILTON, CRYSTAL EVANS, and COLLEEN FLANAGAN v. CITY OF
BOSTON, Civil Action No. 21-11080-RGS, in the U.S. District Court
for the District of Massachusetts, Boston.
In 2017, the Plaintiffs initiated a public records request seeking
documentation regarding the City's street resurfacing and curb ramp
maintenance program. The following year, after comparing the public
records they received with images on Google Street View and the
City's Americans with Disabilities Act (ADA) transition plan, the
Plaintiffs presented a demand letter to the City claiming
violations of the ADA.
The Plaintiffs proposed, and the City eventually agreed, that the
parties undertake a collaborative approach to achieving a solution
rather than engaging in protracted litigation. The parties
conducted structured negotiations over the next three years and
reached a comprehensive settlement agreement on June 30, 2021. The
same day, the Plaintiffs filed the instant Complaint in the Court.
The Court granted preliminary approval of the settlement on July
12, 2021, and final approval on Oct. 19, 2021. Pursuant to the
settlement, the City must "install or remediate an average of 1,630
curb ramps per year until a compliant curb ramp exists at every
corner of the pedestrian right of way. Based on the parties' best
estimates, this will likely occur by the end of 2030." The
Plaintiffs, as the prevailing party in the case, now seek
attorney's fees, costs, and expenses incurred in bringing about the
settlement.
As reported in the Class Action Reporter on November 22, 2021,
Judge Richard G. Stearns of the District of Massachusetts granted
the Plaintiffs' motion for attorney's fees, costs, and expenses,
but reduced the award to $674,487.38 in attorney's fees and
$5,533.18 in costs and expenses.
Mr. Norkunas now seeks a review of the order.
The appellate case is captioned as Norkunas, et al. v. Boston, MA,
Case No. 21-1981, in the United States Court of Appeals for the
First Circuit, filed on December 9, 2021.
The briefing schedule in the Appellate Case states that docketing
statement, transcript report/order form, and appearance form are
due on December 27, 2021.[BN]
Interested Party-Appellant WILLIAM NORKUNAS, class member, appears
pro se.
Defendant-Appellee BOSTON, MA is represented by:
Adam N. Cederbaum, Esq.
Jason M. Lederman, Esq.
CITY OF BOSTON
1 City Hall Sq. Rm 615
Boston, MA 02201-0000
Telephone: (617) 635-4030
BRISTOL-MYERS SQUIBB: Bernstein Securities Suit Removed to D.N.J.
-----------------------------------------------------------------
The case styled HOWARD BERNSTEIN, individually and on behalf of all
others similarly situated v. BRISTOL-MYERS SQUIBB CO.; MARK J.
ALLES; GIOVANNI CAFORIO, M.D.; SANDRA LEUNG, ESQ.; CHARLES
BANCROFT; KAREN M. SANTIAGO; VICKI L. SATO, PH.D.; PETER J.
ARDUINI; ROBERT BERTOLINI; MATTHEW W. EMMENS; MICHAEL GROBSTEIN;
ALAN J. LACY; DINESH C. PALIWAL; THEODORE R. SAMUELS; GERALD L.
STORCH; and KAREN H. VOUSDEN, PH.D., Case No. 1:15-cv-01129, was
removed from the Superior Court of New Jersey, Union County, to the
U.S. District Court for the District of New Jersey on December 10,
2021.
The Clerk of Court for the District of New Jersey assigned Case No.
2:21-cv-20452-KM-CLW to the proceeding.
The case arises from the Defendants' alleged violation of Sections
11(a), 12(a)(2), and 15 of the Securities Act of 1933 by issuing
materially false and misleading statements with the Securities and
Exchange Commission concerning Bristol-Myers Squibb's acquisition
of Celgene Corporation in 2019.
Bristol-Myers Squibb Co. is a pharmaceutical company headquartered
in New York, New York. [BN]
The Defendant is represented by:
Michael D. Hynes, Esq.
DLA PIPER LLP (US)
51 John F. Kennedy Parkway, Suite 120
Short Hills, NJ 07078
Telephone: (973) 520-2550
Email: michael.hynes@dlapiper.com
- and –
John J. Clarke, Jr., Esq.
Steven M. Rosato, Esq.
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 335-4500
E-mail: john.clarke@dlapiper.com
steven.rosato@dlapiper.com
CALIFORNIA PIZZA: Morales Files Breach of Contract Suit in Calif.
-----------------------------------------------------------------
A class action lawsuit has been filed against California Pizza
Kitchen, Inc. The case is styled as Esteban Morales, individually,
and on behalf of all others similarly situated v. California Pizza
Kitchen, Inc., Case No. 8:21-cv-01988-DOC-KES (C.D. Cal., Dec. 2,
2021).
The lawsuit is brought over Defendant's alleged breach of
contract.
California Pizza Kitchen -- https://www.cpk.com/ -- is an American
casual dining restaurant chain that specializes in California-style
pizza.[BN]
The Plaintiff is represented by:
Roland K Tellis
Adam M Tamburelli
BARON AND BUDD PC
15910 Ventura Boulevard Suite 1600
Encino, CA 91436
Phone: (818) 839-2333
Fax: (818) 986-9698
Email: rtellis@baronbudd.com
atamburelli@baronbudd.com
CHOCOLATE COVERED: Lopez Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Chocolate Covered
Company, LLC. The case is styled as Victor Lopez, on behalf of all
persons similarly situated v. Chocolate Covered Company, LLC, Case
No. 1:21-cv-10699 (S.D.N.Y., Dec. 14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Chocolate Covered Company --
https://www.chocolatecoveredcompany.com/ -- offer a unique
selection of chocolate covered gifts from Belgian Chocolate Covered
Strawberries, Caramel Apples, Chocolate Covered Pretzels, Cookies,
to Chocolate Covered Fruits and Gift Baskets.[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
ELIASSEN GROUP LLC: Scarpa Labor Suit Claims Unpaid Overtime
------------------------------------------------------------
Angela Scarpa, on of behalf himself and all others similarly
situated, Plaintiff, v. Eliassen Group, LLC, Defendant, Case No.
21-cv-11952 (D. Mass., December 3, 2021), seeks to recover unpaid
overtime and other damages in violation of the Fair Labor Standards
Act.
Eliassen is an employment and staffing company operating throughout
the United States. Scarpa performed work for Eliassen as a salaried
onboarding coordinator from approximately July 2017 through
approximately October 2019. She claims to be paid a flat amount for
each day worked for Eliassen with no overtime for hours he worked
in excess of 40 hours in a workweek. [BN]
Plaintiff is represented by:
Philip J. Gordon, Esq.
Kristen M. Hurley, Esq.
GORDON LAW GROUP, LLP
585 Boylston St.
Boston, MA 02116
Tel: (617) 536-1800
Fax: (617) 536-1802
Email: pgordon@gordonllp.com
khurley@gordonllp.com
- and -
Richard J. Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Tel: (713) 352-1100
Fax: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@mybackwages.com
ELYMAR RESTAURANT: Faces Beitmirza Wage-and-Hour Suit in S.D.N.Y.
-----------------------------------------------------------------
RUMSEEN BEITMIRZA, individually and on behalf of all others
similarly situated, Plaintiff v. ELYMAR RESTAURANT CORPORATION,
ELYANE VASCHETTA (A/K/A ELYANE BRUNO), and WILLIAM WELLES,
Defendants, Case No. 1:21-cv-10567 (S.D.N.Y., December 10, 2021) is
a class action against the Defendants for violations of the Fair
Labor Standards Act and the New York Labor Law including failure to
pay overtime wages for all hours worked in excess of 4 hours in a
workweek, failure to pay appropriate minimum wages, failure to
provide wage notices, failure to provide proper wage statements,
failure to pay spread-of-hours premium, and unlawful wage
deductions.
The Plaintiff was employed as a server at the Defendants' French
restaurant, known as Chez Napoleon, located at 365 West 50th
Street, New York, New York from January 2007 through December
2018.
Elymar Restaurant Corporation is an operator of a French
restaurant, known as Chez Napoleon, located at 365 West 50th
Street, New York, New York. [BN]
The Plaintiff is represented by:
Jason Mizrahi, Esq.
Joshua Levin-Epstein, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Telephone: (212) 792-0048
E-mail: Jason@levinepstein.com
FINANCIAL RECOVERY: Wolkenfeld Hits Time-barred Collection Letter
-----------------------------------------------------------------
Benzion Wolkenfeld, on behalf of himself and all others similarly
situated, Plaintiffs, v. Financial Recovery Services, Inc.,
Defendant, Case No. 531343/2021 (N.Y. Sup., December 8, 2021),
seeks damages and declaratory relief under the Fair Debt
Collections Practices Act.
Financial Recovery Services is a debt collector with address at
4510 W. 77th St., Ste. 200, Edina, MN 55435 who was assigned to
collect an obligation owed by Wolkenfeld. As of the date Wolkenfeld
received said letters, the debt was time-barred debt and fell
outside the applicable statute of limitations period for the
prosecution of a collection action of the underlying debt. Said
letters state that the date of the last payment received on account
of the alleged Debt was April 21, 2017; debt collectors are
required to notify consumers that the statute of limitations
applicable to the debt may be expired where suing on a debt for
which the statute of limitations has expired is a violation of the
Fair Debt Collection Practices Act. [BN]
Plaintiff is represented by:
Kara S. McCabe, Esq.
Jonathan M. Cader, Esq.
Craig B. Sanders, Esq.
SANDERS LAW GROUP
100 Garden City Plaza, Suite 500
Garden City, New York 11530
Tel: (516) 203-7600 ext. 3233
Fax: (516) 282-7878
Email: kmccabe@sanderslaw.group
GOLD CREST: Tavarez-Vargas Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Gold Crest, LLC. The
case is styled as Carmen Tavarez-Vargas, on behalf of himself and
all others similarly situated v. Gold Crest, LLC, Case No.
1:21-cv-10608 (S.D.N.Y., Dec. 10, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Goldcrest LLC -- http://www.fairfield.marriott.com/-- is located
in Syosset, New York and is part of the Traveler Accommodation
Industry.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
GREGORY FUNDING: Connelly Files FDCPA Suit in S.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Gregory Funding, LLC.
The case is styled as Ingrid Connelly, individually and on behalf
of those similarly situated v. Gregory Funding, LLC, Case No.
2:21-cv-14480-XXXX (S.D. Fla., Dec. 14, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Gregory Funding -- https://www.gregoryfunding.com/ -- is a servicer
of residential loans and commercial loans throughout the United
States.[BN]
The Plaintiff is represented by:
Jessica Lynn Kerr, Esq.
JESSICA L. KERR, P.A. dba THE ADVOCACY GROUP
200 S.E. 6th Street, Suite 504
Fort Lauderdale, FL 33301
Phone: (954) 282-1858
Fax: (844) 786-3694
Email: service@advocacypa.com
GUIDANT GLOBAL: Renewed Bid to Certify Class Partly Granted
-----------------------------------------------------------
In the class action lawsuit captioned as WILLIAM WARD,
INDIVIDUALLY AND FOR OTHERS SIMILARLY SITUATED, v. GUIDANT GLOBAL
INC. D/B/A BARTECH GROUP INC., ET AL., Case No.
2:20-cv-10283-GAD-APP (E.D. Mich.), the Hon. Judge Gershwin A.
Drain entered an order granting in part and denying in part the
Plaintiff's renewed motion to certify class and authorize notice.
The Court further ordered that the parties work together to draft a
mutually acceptable Notice to be sent to class members advising
them of this lawsuit and their opt-in/opt-out rights. The parties
should work together and submit a proposed Order for such purpose.
The proposed Notice shall be submitted to the Court for approval
within one week of the issuance of this Opinion and Order. If the
parties are unable to come to an agreement, each side will submit
their proposed Notice to the Court. Once the Court approves a
Notice, it will issue an order directing issuance of the notice to
class members, the Court adds.
On February 4, 2020, Plaintiff William Ward filed the instant
collective action under the Fair Labor Standards Act ("FLSA") for
unpaid overtime against Defendant Guidant. He subsequently amended
his Complaint to add as a Defendant Corporate Employment Resources.
According to the complaint, the Defendant Bartech Staffing, a
staffing agency, employed Plaintiff William Ward as a temporary
worker. Bartech Staffing placed Plaintiff with a client, NextEra
Energy, Inc., using a managed servicesa provider ("MSP") named
Allegis Global Solutions.
The Plaintiff worked in Nebraska as a Construction Manager. His
assignment at NextEra began on May 13, 2017 and concluded on
December 3, 2017. Per his offer letter, Plaintiff's "starting
hourly wage [was] $67.00." Both NextEra and Bartech Staffing
consider the Construction Manager position exempt from overtime
payments under the FLSA. Thus, defendants concede that "throughout
his assignment, Ward was paid $67/hour, including any hours worked
over 40 in a given week.".
The Plaintiff brings this action on behalf of himself and other
similarly situated workers who were paid pursuant to Bartech's
"straight time for overtime" practice. He alleges Bartech staffs
the Putative Class Members with its clients in the renewable
energy, engineering, information technology, and manufacturing
sectors and pays them on an hourly basis with no overtime
compensation.
Ward claims Bartech's failure to pay overtime to the Putative Class
Members "was, and is, a willful violation of the FLSA." He seeks to
recover unpaid overtime and other damages due to him and the
Putative Class Members.
A copy of the Court's order dated Dec. 10, 2021 is available from
PacerMonitor.com at https://bit.ly/3dUTTtf at no extra charge.[CC]
HELIX ELECTRIC: McFarland Slams Unpaid Overtime, Missed Breaks
--------------------------------------------------------------
Angel McFarland, individually and on behalf of all others similarly
situated, Plaintiff, v. Helix Electric, Inc. and Does 1 through 50,
inclusive, Defendants, Case No. 21CV391268, (Cal. Super., December
3, 2020), seeks penalties and/or damages for failure to pay all
regular and overtime wages for hours worked, failure to provide
meal periods and failure to provide accurate itemized wage
statements under California Labor Code statutes, restitution for
unfair business practices in violation of Business and Professions
Code.
Helix Electric operates electrical and engineering services
throughout the State of California, including in Santa Clara
County, where McFarland worked as an hourly, non-exempt electrician
from November 8, 2021 to November 12, 2021. [BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
DIVERSITY LAW GROUP, P.C.
515 S. Figueroa St., Suite 1250
Los Angeles, California 90071
Tel: (213) 488-6555
Fax: (213) 488-6554
Email: lwlee@diversitylaw.com
- and -
Edward W. Choi, Esq.
LAW OFFICES OF CHOI & ASSOCIATES
515 S. Figueroa St., Suite 1250
Los Angeles, CA 90071
Telephone: (213) 381-1515
Facsimile: (213) 465-4885
Email: edward.choi@choiandassociates.com
- and -
William L. Marder, Esq.
POLARIS LAW GROUP
501 San Benito Street, Suite 200
Hollister, CA 95023
Telephone: (831) 531-4214
Facsimile: (831) 634-0333
Email: bill@polarislawgroup.com
HOLIDAY HOSPITALITY: PH Lodging Sues Over Anticompetitive Scheme
----------------------------------------------------------------
PH Lodging Tomball, LLC, a Texas Limited Liability Company, on
behalf of itself and a class of similarly situated entities v.
HOLIDAY HOSPITALITY FRANCHISING, LLC; SIX CONTINENTS HOTELS, INC.
d/b/a INTERCONTINENTAL HOTELS GROUP; and IHG OWNERS ASSOCIATION,
INC.; Case No. 1:21-cv-05702-SDG (S.D. Tex., Dec. 10, 2021), seeks
to put an end to IHG/HHF's unlawful, abusive, fraudulent,
anticompetitive and unconscionable practices designed solely to
benefit and to enrich IHG/HHF's shareholders and to do so at the
expense and to the detriment of Plaintiff and the class members,
namely, similarly situated franchisees.
The Defendants have and continue to engage in unconscionable,
fraudulent, unlawful, anticompetitive and discriminatory business
practices in connection with the IHG Hotel franchise system. At the
heart of IHG/HHF's unlawful scheme is its requirement that its
franchisees use certain mandated vendors and suppliers for the
purchase of goods and services necessary to run a hotel. IHG/HHF's
forced exclusive use of certain chosen vendors and suppliers
imposes well above-market procurement costs on franchisees which
include, but are not limited to, those associated with its onerous
and exorbitant Property Improvement Plan ("PIP").
Under the guise of improving the franchisees' hotels to maintain
"brand standards," IHG/HHF forces its franchisees to frequently
undertake expensive renovations, remodeling and construction as
part of the PIP, and in so doing manipulates and shortens the
warranty periods on mandated products the franchisees must
purchase, then disingenuously uses this to justify PIP requirements
as purportedly necessary to meet "brand standards" when, in
reality, IHG/HHF's sole purpose is to maximize its kickbacks and
unjustifiably run up costs on their franchisees in bad faith.
IHG/HHF deceitfully represent to their franchisees that they select
vendors with the laudable goal of using the franchisees' collective
bargaining power to secure a group discount and to ensure adequate
quality and supply of products and services, and refer to these
procurement programs as the "IHG Marketplace." In fact, however,
IHG/HHF's primary goal in negotiating with vendors has little to
nothing to do with the best interests of franchisees but rather is
to secure the largest possible kickback for itself, which vendors
finance through the above-market rates charged to franchisees in
collusion with IHG/HHF.
Furthermore, the above-market priced products which IHG/HHF forces
franchisees to purchase through the IHG Marketplace and related
programs is overwhelmingly of inferior quality. These low-quality
"IHG Approved" purchases are forced upon franchisees and
disingenuously characterized as meeting supposed brand standards of
quality, when in truth the sole purpose is to maximize kickbacks
for IHG/HHF and unjustifiably increase costs on their franchisees
in bad faith. IHG/HHF have each netted tens of millions of
ill-gotten dollars from this fraudulent kickback scheme, says the
complaint.
The Plaintiff PH LODGING TOMBALL, LLC is a franchisee that owns and
operates one or more hotels that bear a HHF brand mark pursuant to
an HHF license agreement.
IHG owns Defendant Holiday Hospitality Franchising, LLC, its
affiliate which offers and sells Holiday Inn brand franchises
including, but not limited to, Holiday Inn, Holiday Inn Express and
Holiday Inn Resort.[BN]
The Plaintiff is represented by:
Cory S. Fein, Esq.
CORY FEIN LAW FIRM
712 Main St., Suite 800
Houston, TX 77002-3207
Phone: (713) 730-5001
Fax: (530) 748-0601
Email: cory@coryfeinlaw.com
- and -
Andrew P. Bleiman, Esq.
Mark Fishbein, Esq.
MARKS & KLEIN, LLP
1363 Shermer Road, Suite 318
Northbrook, IL 60062
Phone: (312) 206-5162
Fax: (732) 219-0625
Email: andrew@marksklein.com
mark@marksklein.com
- and -
Justin M. Klein, Esq.
MARKS & KLEIN, LLP
63 Riverside Avenue
Red Bank, NJ 07701
Phone: (732) 747-7100
Fax: (732) 219-0625
Email: justin@marksklein.com
- and -
Justin E. Proper, Esq.
WHITE AND WILLIAMS LLP
1650 Market Street
One Liberty Place, Suite 1800
Philadelphia, PA 19103-7395
Phone: 215.864.7165
Email: properj@whiteandwilliams.com
HOME TECH INNOVATION: Fischler Files ADA Suit in E.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Home Tech Innovation
Inc. The case is styled as Brian Fischler, Individually and on
behalf of all other persons similarly situated v. Home Tech
Innovation Inc. doing business as: Suvie, Case No. 1:21-cv-06898
(E.D.N.Y., Dec. 14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Home Tech Innovation Inc. doing business as Suvie --
https://www.suvie.com/ -- is a maker of smart automated cooking
appliances for the home.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170-1830
Phone: (212) 764-7171
Email: chris@lipskylowe.com
HOME WARRANTY: Petree Files Class Action Suit in Fla. Cir. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Home Warranty
Administrator of Florida, Inc. The case is styled as Bobbie Petree,
on behalf of all others similarly situated v. Home Warranty
Administrator of Florida, Inc., Case No. 2021CA005821NC (Fla. Cir.
Ct., Sarasota Cty., Dec. 14, 2021).
Choice Home Warranty (CHW) -- https://www.choicehomewarranty.com/
-- is one of the best home warranty companies in the industry,
operating in every state in the country but California and
Washington.[BN]
The Plaintiff is represented by:
Seth Michael Lehrman, Esq.
EDWARDS POTTINGER LLC
425 N Andrews Ave Ste 2
Fort Lauderdale, FL 33301-3268
Office: (954) 524-2820
Cell: (954) 524-2820
Fax: (954) 524-2822
Email: seth@epllc.com
HOP ENERGY: Faces Melville Suit Over Unfair Business Practices
--------------------------------------------------------------
RYAN MELVILLE, on behalf of himself and all others similarly
situated, Plaintiff v. HOP ENERGY, LLC, Defendant, Case No.
7:21-cv-10406 (S.D.N.Y., December 6, 2021) is a consumer protection
action arising from HOP Energy's breach of contract and bad faith
pricing practices, causing tens of thousands of consumers to pay
considerably more than they bargained for to obtain home heating
oil.
According to the complaint, HOP Energy contracted with Plaintiff
and the Class to sell its heating oil at the "Promotional
Prevailing Retail Price for First Year Customers for home heating
oil that is in effect at the time of delivery." Before filing this
action, Plaintiff commissioned an initial yet detailed analysis
from top-tier energy consulting experts regarding the prevailing
retail price HOP Energy should have charged Plaintiff. This
analysis demonstrates that HOP Energy categorically failed to
charge the "Prevailing Retail Price," much less provide the
meaningful discounts afforded by the contract terms "Promotional"
and "for First Year Customers." Because the facts do and will
continue to demonstrate that Defendant took advantage of consumers'
lack of sophistication, inertia, and other widely known frailties
in consumer-decision making, HOP Energy breached both the clear
language of its customer contract and the implied covenant of good
faith and fair dealing, says the suit.
With this class action, Plaintiff and the Class seek to level the
playing field and ensure that companies like HOP Energy allegedly
engage in fair and upright business practices.[BN]
Plaintiff Melville signed a home heating oil contract for a
"capped-price" plan with a HOP Energy brand called DDLC Energy.
HOP Energy, LLC provides petroleum products. The Company offers
heating oil, propane, diesel, and gasoline, as well as sells and
installs HVAC products.[BN]
The Plaintiff is represented by:
Jonathan Shub, Esq.
Kevin Laukaitis, Esq.
SHUB LAW FIRM LLC
134 Kings Highway East, 2nd Floor
Haddonfield, NJ 08033
Telephone: (856) 772-7200
E-mail: jshub@shublawyers.com
klaukaitis@shublawyers.com
- and -
J. Burkett McInturff, Esq.
WITTELS MCINTURFF PALIKOVIC
18 Half Mile Road
Armonk, NY 10504
Telephone: (910) 476-7253
E-mail: jbm@wittelslaw.com
HUNTER WARFIELD INC: Atwell Slams Erroneous Collection Letter
-------------------------------------------------------------
Nykeba Atwell, on behalf of herself and all others similarly
situated, Plaintiffs, v. Hunter Warfield, Inc., Defendant, Case No.
21-cv-02819, (M.D. Fla., December 3, 2021), seeks statutory damages
and any other available legal or equitable remedies for violations
of the Fair Debt Collection Practices Act and the Florida Consumer
Collection Practices Act.
Atwell allegedly entered into residential leases in Florida and
Hunter Warfield is a debt collector that companies have hired to
collect allegedly overdue on those leases. Hunter Warfield has
allegedly mailed them and other former tenants collection letters
demanding they pay not only debts allegedly due, but also interest
on those debts.
Sometime prior to June 18, 2021, Atwell entered into a lease for a
residential apartment. After she moved out of the apartment, the
landlord contended that she still owed an unpaid balance of
$964.92. Atwell contends that Hunter Warfield did not state whether
the interest charges may be disputed or what provision of the
tenant lease gives rise to them. [BN]
Plaintiff is represented by:
Ronald Scott Kaniuk, Esq.
KANIUK LAW OFFICE, P.A.
1615 S. Congress Avenue, Suite 103
Delray Beach, FL 33445
Phone (561) 292-2127
Email: ron@kaniuklawoffice.com
INTERNATIONAL MEDICAL: Nance Files Suit in E.D. California
----------------------------------------------------------
A class action lawsuit has been filed against International Medical
Devices, Inc., et al. The case is styled as Rio Nance, individually
and on behalf of others similarly situated v. International Medical
Devices, Inc., Menova International, Inc., Gesiva Medical, LLC,
James J. Elist M.D., a Medical Corporation, James Elist, Case No.
2:21-cv-02281-MCE-KJN (E.D. Cal., Dec. 10, 2021).
The nature of suit is stated as Other Fraud.
International Medical Devices, Inc. --
http://www.intlmeddevices.com/-- is a healthcare company focused
on high quality medical devices that are based on years of thorough
research and development.[BN]
The Plaintiff is represented by:
Michael A. Caddell, Esq.
CADDELL & CHAPMAN
628 East 9th St.
Houston, TX 77007-1722
Phone: (713) 751-0400
Fax: (713) 751-0906
Email: mac@caddellchapman.com
IRONSHORE INDEMNITY: Wins Bid to Dismiss Knox Class Action
-----------------------------------------------------------
In the class action lawsuit captioned as TESSA KNOX, PAMELA KASSEN,
LAURENTINA CHAPARRO, HILLARY CRANDLE, JOY FUSARO, ALYSSA HICKEY,
MARGRET HOLCOMB, MICHELLE ORTIZ, TRIPTI PANDEY, WIJDAN SHOUBAKI,
JENA TOBAK, CHRISTINA TORRES, and ARISSIA TOSSETTI, v. IRONSHORE
INDEMNITY INC., Case No. 1:21-cv-06321-DLC (S.D.N.Y.), the Hon.
Judge Denise Cote entered an order as follows:
-- Because the Prior Acts Exclusion means that the conduct
underlying the Judgment is not covered by the insurance
policy that Ironshore issued to Varvatos, Ironshore's
motion to dismiss is granted.
-- The plaintiffs' motions for partial summary judgment and
for class certification are denied as moot.
-- The Clerk of Court shall enter judgment for Ironshore and
close this case.
In this insurance coverage dispute, the plaintiffs, former
employees of John Varvatos Enterprises, Inc., sue Ironshore
Indemnity Inc., Varvatos' insurer, to collect a judgment awarded to
them and a class of former Varvatos employees in another litigation
in this District (the "Underlying Litigation").
Ironshore has moved to dismiss, claiming that the plaintiffs'
claims are barred by the res judicata effect of a prior action
(Knox I) and that they in any event fail to state a claim because
the express terms of the insurance policy Ironshore issued to
Varvatos mean that Varvatos is not covered for the conduct that
resulted in the Judgment.
The plaintiffs have moved to certify a class of Varvatos employees
who they claim are entitled to an award from Ironshore and for
summary judgment, contending that Ironshore is, as a matter of law,
obligated to pay the Judgment. Because the plain terms of the
policy issued by Ironshore make clear that the conduct leading to
the Judgment is excluded from coverage under the policy,
Ironshore's motion to dismiss is granted.
This action is not the first case in which this group of
plaintiffs, or a subset, have sought to collect the Judgment from
Ironshore. In 2020, plaintiffs Knox and Kassen brought Knox I, and
on January 26, 2021, this Court granted Ironshore's motion to
dismiss that case. Knox v. Ironshore Indemnity Inc. (Knox I), Case
No. 20cv4401 (DLC), 2021 WL 256948 (S.D.N.Y. Jan. 26, 2021).
The facts set forth in this Opinion are derived from this Court's
Opinion granting Ironshore's motion to dismiss Knox I, which is
incorporated by reference, as well as the plaintiffs' complaint,
documents annexed to the complaint and incorporated by reference,
and other documents properly considered in conjunction with the
cross-motions to dismiss and for summary judgment.
A copy of the Court's order dated Dec. 10, 2021 is available from
PacerMonitor.com at https://bit.ly/3yyDlRd at no extra charge.[CC]
The Plaintiffs are represented by:
William Irvin Dunnegan, Esq.
Richard Weiss, Esq.
DUNNEGAN & SCILEPPI LLC
437 Madison Avenue, 24th Floor
New York, NY 10022
The Defendant is represented by:
Luigi Spadafora, Esq.
Alexander A. Truitt, Esq.
WINGET SPADAFORA & SCHWARTZBERG LLP
45 Broadway, 32nd Floor
New York, NY 10006
JP MORGAN: Dennis Suit Seeks to Certify Settlement Class
--------------------------------------------------------
In the class action lawsuit captioned as RICHARD DENNIS, SONTERRA
CAPITAL MASTER FUND, LTD., FRONTPOINT FINANCIAL SERVICES FUND,
L.P., FRONTPOINT ASIAN EVENT DRIVEN FUND, L.P., FRONTPOINT
FINANCIAL HORIZONS FUND, L.P., and ORANGE COUNTY EMPLOYEES
RETIREMENT SYSTEM, on behalf of themselves and all others similarly
situated, v. JPMORGAN CHASE & CO., et al., Case No.
1:16-cv-06496-LAK-GWG (S.D.N.Y.), the Plaintiffs ask the Court to
enter an order:
1. conditionally certifying the Settlement Class for
settlement pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3)
subject to later, final approval of such Settlement Class
for purposes of the settlements with ANZ, CBA, NAB, and
Morgan Stanley;
2. conditionally appointing Lowey Dannenberg, P.C. and Lovell
Stewart Halebian Jacobson LLP as Class Counsel for the
Settlement Class with respect to the settlements with ANZ,
CBA, NAB, and Morgan Stanley;
3. conditionally appointing the Plaintiffs Richard Dennis and
Orange County Employees Retirement System as
representatives of the Settlement Class;
4. appointing Citibank, N.A. as Escrow Agent for purposes of
the settlement funds for the settlements with ANZ, CBA,
NAB, and Morgan Stanley; and
5. staying all proceedings against ANZ, CBA, NAB, and Morgan
Stanley until the Court renders a decision on final
approval of the proposed settlements.
The Defedants include JPMORGAN CHASE BANK, N.A., BNP PARIBAS, S.A.,
THE ROYAL BANK OF SCOTLAND GROUP PLC, THE ROYAL BANK OF SCOTLAND
PLC, RBS N.V., RBS GROUP (AUSTRALIA) PTY LIMITED, UBS AG, AUSTRALIA
AND NEW ZEALAND BANKING GROUP LTD., COMMONWEALTH BANK OF AUSTRALIA,
NATIONAL AUSTRALIA BANK LIMITED, WESTPAC BANKING CORPORATION,
DEUTSCHE BANK AG, HSBC HOLDINGS PLC, HSBC BANK AUSTRALIA LIMITED,
LLOYDS BANKING GROUP PLC, LLOYDS BANK PLC, MACQUARIE GROUP LTD.,
MACQUARIE BANK LTD., ROYAL BANK OF CANADA, RBC CAPITAL MARKETS LLC,
MORGAN STANLEY, MORGAN STANLEY AUSTRALIA LIMITED, CREDIT SUISSE
GROUP AG, CREDIT SUISSE AG, ICAP PLC, ICAP AUSTRALIA PTY LTD.,
TULLETT PREBON PLC, TULLETT PREBON (AUSTRALIA) PTY LTD., AND JOHN
DOES NOS. 1-50.
A copy of Plaintiffs' motion to certify class dated Dec. 10, 2021
is available from PacerMonitor.com at https://bit.ly/30wjfuu at no
extra charge.[CC]
The Plaintiffs are represented by:
Vincent Briganti, Esq.
Geoffrey M. Horn, Esq.
LOWEY DANNENBERG, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
E-mail: vbriganti@lowey.com
ghorn@lowey.com
- and -
Christopher Lovell, Esq.
Christopher McGrath, Esq.
LOVELL STEWART HALEBIAN JACOBSON LLP
500 Fifth Avenue, Suite 2440
New York, NY 10110
Telephone: (212) 608-1900
E-mail: clovell@lshllp.com
cmcgrath@lshllp.com
- and -
Todd Seaver, Esq.
Carl N. Hammarskjold, Esq.
Patrick T. Egan, Esq.
BERMAN TABACCO
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: (415) 433-3200
Facsimile: (415) 433-6382
E-mail: tseaver@bermantabacco.com
chammarskjold@bermantabacco.com
pegan@bermantabacco.com
JUUL LABS: Faces Northport Suit Over Youth's E-Cigarette Addiction
------------------------------------------------------------------
NORTHPORT PUBLIC SCHOOLS, on behalf of itself and all others
similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS,
INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH;
RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA
GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC.,
Defendants, Case No. 3:21-cv-09568 (N.D. Cal., December 10, 2021)
is a class action against the Defendants for negligence, gross
negligence, and violations of Public Nuisance Law and the Racketeer
Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Northport Public Schools is a unified school district with its
offices located at 104 Wing Street in Northport, Michigan.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
James Frantz, Esq.
William B. Shinoff, Esq.
FRANTZ LAW GROUP, APLC
402 W. Broadway, Ste. 860
San Diego, CA 92101
Telephone: (619) 233-5945
Facsimile: (619) 525-7672
E-mail: jpf@frantzlawgroup.com
wshinoff@frantzlawgroup.com
JUUL LABS: Kendall District Sues Over Deceptive E-Cigarette Ads
---------------------------------------------------------------
KENDALL CENTRAL SCHOOL DISTRICT, on behalf of itself and all others
similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS,
INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH;
RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA
GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC.,
Defendants, Case No. 3:21-cv-09569 (N.D. Cal., December 10, 2021)
is a class action against the Defendants for negligence, gross
negligence, and violations of Public Nuisance Law and the Racketeer
Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Kendall Central School District is a unified school district with
its offices located at 1932 Kendall Road in Kendall, New York.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
James Frantz, Esq.
William B. Shinoff, Esq.
FRANTZ LAW GROUP, APLC
402 W. Broadway, Ste. 860
San Diego, CA 92101
Telephone: (619) 233-5945
Facsimile: (619) 525-7672
E-mail: jpf@frantzlawgroup.com
wshinoff@frantzlawgroup.com
KING FEATURES: Weekes Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against King Features
Syndicate, Inc. The case is styled as Robert Weekes, individually,
and on behalf of all others similarly situated v. King Features
Syndicate, Inc., Case No. 1:21-cv-10584 (S.D.N.Y., Dec. 10, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
King Features -- https://kingfeatures.com/ -- is home to the
world's most famous and loved comic strips, columns, editorial
cartoons, puzzles, games and licensed brands.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
KOHN GALLERY: Murphy Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Kohn Gallery. The
case is styled as James Murphy, for himself and on behalf of all
other persons similarly situated v. Kohn Gallery, Case No.
1:21-cv-10566 (S.D.N.Y., Dec. 10, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kohn Gallery -- https://www.kohngallery.com/ -- is an art gallery
established in 1985 and located in Hollywood, California.[BN]
The Plaintiff is represented by:
Justin A. Zeller, Esq.
THE LAW OFFICE OF JUSTIN ALEXANDER ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Phone: (212) 229-2249
Fax: (212) 229-2246
Email: jazeller@zellerlegal.com
KONINKLIJKE PHILIPS: CPAP Devices "Defective," Goldis Suit Claims
-----------------------------------------------------------------
MARYL GOLDIS-WELLER, individually and on behalf of all others
similarly situated, Plaintiff v. KONINKLIJKE PHILIPS N.V.; PHILIPS
NORTH AMERICA LLC; PHILIPS HOLDING USA, INC.; PHILIPS RS NORTH
AMERICA LLC, Defendants, Case No. 5:21-cv-01222 (W.D. Tex.,
December 10, 2021) is a class action against the Defendants for
strict products liability, negligence, breach of implied warranty
of merchantability, and negligent misrepresentation.
According to the complaint, the Defendants manufactured and sold
Continuous Positive Airway Pressure (CPAP) and BiLevel Positive
Airway Pressure (BiLevel PAP) devices and mechanical ventilators
for sleep and home respiratory care, which contain polyester-based
polyurethane sound abatement foam (PE-PUR Foam). The Defendants
recalled CPAP and BiLevel PAP devices and mechanical ventilators
containing PE-PUR Foam because they determined that (a) the PE-PUR
Foam was at risk for degradation into particles that may enter the
devices' pathway and be ingested or inhaled by users, and (b) the
PE-PUR Foam may off-gas certain chemicals during operation health
risks associated to the devices. After, and as a result of using
the Defendants' defective device, the Plaintiff has suffered
personal injuries including without limitation cancerous tumors in
her stomach, alleges the suit.
Koninklijke Philips N.V. is a health technology company with its
principal executive offices at Philips Center, Amstelplein 2, 1096
BC Amsterdam, The Netherlands.
Philips North America LLC is a health technology company with its
principal place of business located at 222 Jacobs Street, Floor 3,
Cambridge, Massachusetts.
Philips Holding USA Inc. is a holding company with its principal
place of business located at 222 Jacobs Street, Floor 3, Cambridge,
Massachusetts.
Philips RS North America LLC is a company that manufactures and
markets medical devices with its principal place of business
located at 6501 Living Place, Pittsburgh, Pennsylvania. [BN]
The Plaintiff is represented by:
Robert C. Hilliard, Esq.
Catherine D. Hilliard, Esq.
Rudy Gonzales, Jr., Esq.
Marion M. Reilly, Esq.
Jessica J. Pritchett, Esq.
HILLIARD MARTINEZ GONZALES LLP
719 S. Shoreline Boulevard
Corpus Christi, TX 78401
Telephone: (361) 882-1612
Facsimile: (361) 882-3015
E-mail: bobh@hmglawfirm.com
catherine@hmglawfirm.com
marion@hmglawfirm.com
jpritchett@hmglawfirm.com
- and –
Steve W. Berman, Esq.
Marin D. Mclean, Esq.
Jacob P. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Ste. 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: Steve@hbsslaw.com
martym@hbsslaw.com
jakeb@hbsslaw.com
KONINKLIJKE PHILIPS: Faces Lawyer Suit Over Defective CPAP Devices
------------------------------------------------------------------
PAUL LAWYER, individually and on behalf of all others similarly
situated, Plaintiff v. KONINKLIJKE PHILIPS N.V.; PHILIPS NORTH
AMERICA LLC; PHILIPS HOLDING USA, INC.; PHILIPS RS NORTH AMERICA
LLC, Defendants, Case No. 3:21-cv-03095-B (N.D. Tex., December 10,
2021) is a class action against the Defendants for strict products
liability, negligence, breach of implied warranty of
merchantability, and negligent misrepresentation.
According to the complaint, the Defendants manufactured and sold
Continuous Positive Airway Pressure (CPAP) and BiLevel Positive
Airway Pressure (BiLevel PAP) devices and mechanical ventilators
for sleep and home respiratory care, which contain polyester-based
polyurethane sound abatement foam (PE-PUR Foam). The Defendants
recalled CPAP and BiLevel PAP devices and mechanical ventilators
containing PE-PUR Foam because they determined that (a) the PE-PUR
Foam was at risk for degradation into particles that may enter the
devices' pathway and be ingested or inhaled by users, and (b) the
PE-PUR Foam may off-gas certain chemicals during operation health
risks associated to the devices. After, and as a result of using
the Defendants' defective device, the Plaintiff has suffered
personal injuries including without limitation harm to his
respiratory system, nasal and sinus congestion, infections and
throat irritation which led to necessary surgical intervention, the
suit alleges.
Koninklijke Philips N.V. is a health technology company with its
principal executive offices at Philips Center, Amstelplein 2, 1096
BC Amsterdam, The Netherlands.
Philips North America LLC is a health technology company with its
principal place of business located at 222 Jacobs Street, Floor 3,
Cambridge, Massachusetts.
Philips Holding USA Inc. is a holding company with its principal
place of business located at 222 Jacobs Street, Floor 3, Cambridge,
Massachusetts.
Philips RS North America LLC is a company that manufactures and
markets medical devices with its principal place of business
located at 6501 Living Place, Pittsburgh, Pennsylvania. [BN]
The Plaintiff is represented by:
Robert C. Hilliard, Esq.
Marion M. Reilly, Esq.
Jessica J. Pritchett, Esq.
HILLIARD MARTINEZ GONZALES LLP
719 S. Shoreline Boulevard
Corpus Christi, TX 78401
Telephone: (361) 882-1612
Facsimile: (361) 882-3015
E-mail: bobh@hmglawfirm.com
marion@hmglawfirm.com
jpritchett@hmglawfirm.com
- and –
Steve W. Berman, Esq.
Marin D. Mclean, Esq.
Jacob P. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Ste. 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: Steve@hbsslaw.com
martym@hbsslaw.com
jakeb@hbsslaw.com
KONINKLIJKE PHILIPS: Foster 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 Mark Foster, Mary Scheiner,
Arthur Giordano, Shannon Brooks, Eric Eldridge, Kevin Reed, Lampton
Willis, George Miller, 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.
2:21-cv-01820-JFC (W.D. Pa., Dec. 14, 2021).
The lawsuit arises from issues related to 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:
Sandra Duggan, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Ste. 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: sduggan@lfsblaw.com
KONINKLIJKE PHILIPS: Garcia Sues Over CPAP Device Injuries
----------------------------------------------------------
CHRISTOPHER GARCIA, individually and on behalf of all others
similarly situated, Plaintiff v. KONINKLIJKE PHILIPS N.V.; PHILIPS
NORTH AMERICA LLC; PHILIPS HOLDING USA, INC.; PHILIPS RS NORTH
AMERICA LLC, Defendants, Case No. 4:21-cv-04036 (S.D. Tex.,
December 10, 2021) is a class action against the Defendants for
strict products liability, negligence, breach of implied warranty
of merchantability, and negligent misrepresentation.
According to the complaint, the Defendants manufactured and sold
Continuous Positive Airway Pressure (CPAP) and BiLevel Positive
Airway Pressure (BiLevel PAP) devices and mechanical ventilators
for sleep and home respiratory care, which contain polyester-based
polyurethane sound abatement foam (PE-PUR Foam). The Defendants
recalled CPAP and BiLevel PAP devices and mechanical ventilators
containing PE-PUR Foam because they determined that (a) the PE-PUR
Foam was at risk for degradation into particles that may enter the
devices' pathway and be ingested or inhaled by users, and (b) the
PE-PUR Foam may off-gas certain chemicals during operation health
risks associated to the devices. After, and as a result of using
the Defendants' defective device, the Plaintiff has suffered
personal injuries including without limitation harm to his
respiratory system, nasal and sinus congestion and throat
irritation, says the suit.
Koninklijke Philips N.V. is a health technology company with its
principal executive offices at Philips Center, Amstelplein 2, 1096
BC Amsterdam, The Netherlands.
Philips North America LLC is a health technology company with its
principal place of business located at 222 Jacobs Street, Floor 3,
Cambridge, Massachusetts.
Philips Holding USA Inc. is a holding company with its principal
place of business located at 222 Jacobs Street, Floor 3, Cambridge,
Massachusetts.
Philips RS North America LLC is a company that manufactures and
markets medical devices with its principal place of business
located at 6501 Living Place, Pittsburgh, Pennsylvania. [BN]
The Plaintiff is represented by:
Robert C. Hilliard, Esq.
Marion M. Reilly, Esq.
Jessica J. Pritchett, Esq.
HILLIARD MARTINEZ GONZALES LLP
719 S. Shoreline Boulevard
Corpus Christi, TX 78401
Telephone: (361) 882-1612
Facsimile: (361) 882-3015
E-mail: bobh@hmglawfirm.com
marion@hmglawfirm.com
jpritchett@hmglawfirm.com
- and –
Steve W. Berman, Esq.
Marin D. Mclean, Esq.
Jacob P. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Ste. 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: Steve@hbsslaw.com
martym@hbsslaw.com
jakeb@hbsslaw.com
KONINKLIJKE PHILIPS: Paulk Suit Moved From N.D. Fla. to W.D. Pa.
----------------------------------------------------------------
The case styled JESSIE PAULK, individually and on behalf of all
others similarly situated v. KONINKLIJKE PHILIPS N.V.; PHILIPS
NORTH AMERICA LLC; PHILIPS HOLDING USA, INC.; PHILIPS RS NORTH
AMERICA LLC, Case No. 4:21-cv-00466, was transferred from the U.S.
District Court for the Northern District of Florida to the U.S.
District Court for the Western District of Pennsylvania on December
10, 2021.
The Clerk of Court for the Western District of Pennsylvania
assigned Case No. 2:21-cv-01802-JFC to the proceeding.
The case arises from the Defendants' alleged strict products
liability, negligent design, negligent failure to warn, negligent
manufacturing, negligence/gross negligence, negligent
misrepresentation, fraud, fraudulent concealment, civil conspiracy,
unjust enrichment, breach of express warranties, breach of the
implied warranty of fitness for a particular purpose, breach of the
implied warranty of merchantability, punitive damages, and
violation of the Florida Deceptive and Unfair Trade Practices Act.
According to the complaint, the Defendants manufactured and sold
Continuous Positive Airway Pressure (CPAP) and BiLevel Positive
Airway Pressure (BiLevel PAP) devices and mechanical ventilators
for sleep and home respiratory care, which contain polyester-based
polyurethane sound abatement foam (PE-PUR Foam). The Defendants
recalled CPAP and BiLevel PAP devices and mechanical ventilators
containing PE-PUR Foam because they determined that (a) the PE-PUR
Foam was at risk for degradation into particles that may enter the
devices' pathway and be ingested or inhaled by users, and (b) the
PE-PUR Foam may off-gas certain chemicals during operation health
risks associated to the devices. As a result of the health risks
associated with continued use of these devices and the recall, the
Plaintiff's CPAP device is now worthless. The Plaintiff will be
forced to replace the device at considerable cost when a
replacement is available, added the suit.
Koninklijke Philips N.V. is a health technology company with its
principal executive offices at Philips Center, Amstelplein 2, 1096
BC Amsterdam, The Netherlands.
Philips North America LLC is a health technology company with its
principal place of business located at 222 Jacobs Street, Floor 3,
Cambridge, Massachusetts.
Philips Holding USA Inc. is a holding company with its principal
place of business located at 222 Jacobs Street, Floor 3, Cambridge,
Massachusetts.
Philips RS North America LLC is a company that manufactures and
markets medical devices with its principal place of business
located at 6501 Living Place, Pittsburgh, Pennsylvania. [BN]
The Plaintiff is represented by:
C. Andrew Childers, Esq.
CHILDERS, SCHLUETER & SMITH, LLC
1932 N. Druid Hills Rd., Suite 100
Atlanta, GA 30319
Telephone: (404) 419-9500
Facsimile: (404) 419-9501
E-mail: achilders@cssfirm.com
- and –
Erin Copeland, Esq.
FIBICH LEEBRON COPELAND & BRIGGS
1150 Bissonnet St.
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: ecopeland@fibichlaw.com
LABX MEDIA: Gibson Sues Over Unlawful Exchange of Information
-------------------------------------------------------------
Courtney Gibson, individually and on behalf of all others similarly
situated v. LABX MEDIA GROUP, INC., Case No. 1:21-cv-01014-HYJ-PJG
(W.D. Mich., Dec. 2, 2021), is brought against the Defendant who
rented, exchanged, and/or otherwise disclosed detailed information
about the Plaintiff's "The Scientist" magazine subscription to data
aggregators, data appenders, data cooperatives, and list brokers,
among others, which in turn disclosed her information to aggressive
advertisers, political organizations, and non-profit companies, in
violation of Michigan's Preservation of Personal Privacy Act.
According to the complaint, to supplement its revenues, LMG rents,
exchanges, or otherwise discloses its customers'
information--including their full names, titles of publications
subscribed to, and home addresses (collectively "Personal Reading
Information"), as well as myriad other categories of individualized
data and demographic information such as area of work, job title,
and education background -- to data aggregators, data appenders,
data cooperatives, and other third parties without the written
consent of its customers. By renting, exchanging, or otherwise
disclosing -- rather than selling -- its customers' Personal
Reading Information, LMG is able to disclose the information time
and time again to countless third parties.
LMG's alleged disclosure of Personal Reading Information and other
individualized information is not only unlawful, but also dangerous
because it allows for the targeting of particular members of
society. For example, anyone could buy a customer list provided by
LMG that contains the names and addresses of all lab technicians
who have a college degree, live in Michigan, and subscribe to "The
Scientist" magazine. Such a list is available for sale on the open
market for approximately $235.00 per thousand subscribers listed.
While LMG profits handsomely from the unauthorized rental,
exchange, and/or disclosure of its customers' Personal Reading
Information and other individualized information, it does so at the
expense of its customers' statutory privacy rights (afforded by the
PPPA) because LMG does not obtain its customers' written consent
prior to disclosing their Personal Reading Information.
As a result, the Plaintiff has received a barrage of unwanted junk
mail. By renting, exchanging, and/or otherwise disclosing
Plaintiff's Personal Reading Information during the relevant
pre-July 30, 2016 time period, LMG violated the PPPA, says the
complaint.
The Plaintiff was a subscriber to "The Scientist" magazine,
including during the relevant pre-July 30, 2016 time period.
LMG is the publisher of Lab Manager, LabWrench and its flagship
publication "The Scientist."[BN]
The Plaintiff is represented by:
E. Powell Miller, Esq.
Sharon S. Almonrode, Esq.
Dennis A. Lienhardt, Esq.
William Kalas, Esq.
THE MILLER LAW FIRM, P.C.
950 W. University Drive, Suite 300
Rochester, MI 48307
Phone: (248) 841-2200
Email: epm@millerlawpc.com
ssa@millerlawpc.com
dal@millerlawpc.com
wk@millerlawpc.com
- and -
Joseph I. Marchese, Esq.
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Phone: (646) 837-7150
Fax: (212) 989-9163
Email: jmarchese@bursor.com
pfraietta@bursor.com
- and -
Frank S. Hedin, Esq.
Arun G. Ravindran, Esq.
HEDIN HALL LLP
1395 Brickell Avenue, Suite 1140
Miami, FL 33131
Phone: (305) 357-2107
Fax: (305) 200-8801
Email: fhedin@hedinhall.com
aravindran@hedinhall.com
LEDGER SAS: Baton Seeks 9th Cir. Review in Contract Suit Dismissal
------------------------------------------------------------------
Plaintiffs Edward Baton, et al., filed an appeal from a court
ruling entered in the lawsuit entitled EDWARD BATON, et al.,
Plaintiffs v. LEDGER SAS, et al., Defendants, Case No.
21-cv-02470-EMC, in the U.S. District Court for the Northern
District of California, San Francisco.
The Plaintiffs bring a putative class action seeking redress for
harms they allegedly suffered stemming from a data breach exposing
over 270,000 pieces of personally identifiable information,
including customer names, email addresses, postal addresses and
telephone numbers.
The Plaintiffs are customers of Defendant Ledger SAS ("Ledger"), a
French company based in Paris that sells hardware wallets to allow
customers to manage cryptocurrency. Ledger sells its hardware
wallets--the Ledger Nano X and Ledger Nano S--through its
e-commerce website, which operates on Defendant Shopify, Inc.'s
platform. The Plaintiffs allege they, and several putative classes,
each bought a Ledger hardware wallet on Ledger's e-commerce
website, through Shopify's platform, between July 2017 and June
2020. When the Plaintiffs made their purchases, they provided their
name, email addresses, telephone numbers and postal addresses.
The Plaintiffs' claims arise of two security incidents involving
data breaches exposing the Plaintiffs' contact information. First,
Plaintiffs allege that between April and June 2020, rogue Shopify,
Inc. employees exported a trove of data, including Ledger's
customer transactional records. Shopify allegedly publicly
announced the theft on Sept. 22, 2020, which involved the data of
approximately 272,000 people. The Plaintiffs allege that Ledger did
not inform them that their data was involved in the Shopify breach
at that time.
Second, the Plaintiffs allege that Ledger publicly announced that
an unauthorized third-party gained access to Ledger's e-commerce
database through an application programming interface key on June
25, 2020, and acquired the email addresses of one million customers
and physical contact information of 9,500 customers. The Plaintiffs
allege that Ledger did not disclose that the attack on Ledger's
website and the theft of Shopify's data were connected, that Ledger
downplayed the scale of the actual attack, and, as a result, the
Plaintiffs and putative class members were subject to phishing
scams, cyber-attacks, and demands for ransom and threats. The
Plaintiffs contend that Ledger knew that its customer list was
highly valuable to hackers, because it was a list of people who
have converted substantial wealth into anonymized crypto-assets
that are transferrable without a trace.
On July 26, 2021, the Defendants filed a motion to dismiss the
case.
As reported in the Class Action Reporter on November 29, 2021,
Judge Edward M. Chen entered an order granting the Defendants'
motions to dismiss.
The Plaintiffs now seek a review of this order.
The appellate case is captioned as Edward Baton, et al. v. Ledger
SAS, et al., Case No. 21-17036, in the United States Court of
Appeals for the Ninth Circuit, filed on December 9, 2021.
The briefing schedule in the Appellate Case states that:
-- Appellants Edward Baton, Anthony Comilla, Brett Deeney, Naeem
Seirafi and Abraham Villinger Mediation Questionnaire was due on
December 16, 2021;
-- Transcript shall be ordered by January 7, 2022;
-- Transcript is due on February 7, 2022;
-- Appellants Edward Baton, Anthony Comilla, Brett Deeney, Naeem
Seirafi and Abraham Villinger opening brief is due on March 18,
2022;
-- Appellees Ledger SAS, Shopify (USA) Inc. and Shopify, Inc.
answering brief is due on April 18, 2022; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief.[BN]
Plaintiffs-Appellants EDWARD BATON, NAEEM SEIRAFI, ABRAHAM
VILLINGER, ANTHONY COMILLA, and BRETT DEENEY, individually and on
behalf of all other similarly situated, are represented by:
Ryan Clarkson, Esq.
Bahar Sodaify, Esq.
CLARKSON LAW FIRM, P.C.
9255 Sunset Boulevard, Suite 804
Los Angeles, CA 90069
Telephone: (213) 788-4050
E-mail: rclarkson@clarksonlawfirm.com
bsodaify@clarksonlawfirm.com
- and -
Jason H. Kim, Esq.
Todd M. Schneider, Esq.
Matthew Sinclair Weiler, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY, LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
E-mail: jkim@schneiderwallace.com
tschneider@schneiderwallace.com
mweiler@schneiderwallace.com
Defendants-Appellees LEDGER SAS, SHOPIFY (USA) INC., and SHOPIFY,
INC. are represented by:
Mark David McPherson, Esq.
MORRISON & FOERSTER, LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: (415) 267-7199
E-mail: mmcpherson@mofo.com
- and -
Purvi Govindlal Patel, Esq.
MORRISON & FOERSTER LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017
Telephone: (213) 892-5296
E-mail: ppatel@mofo.com
- and -
Michelle L. Visser, Esq.
ORRICK HERRINGTON & SUTCLIFFE, LLP
405 Howard Street
San Francisco, CA 94105
Telephone: (415) 773-5100
E-mail: mvisser@orrick.com
MONTAUK PLUMBING: Gonzalez Sues Over Plumbers' Unpaid Wages
-----------------------------------------------------------
LUIS ESCOBAR GONZALEZ and RENE GALLEGOS, Individually and on Behalf
of All Others Similarly Situated, Plaintiffs v. MONTAUK PLUMBING &
HEATING LLC, MONTAUK PLUMBING & HEATING SUPPLY CORP., and JOHN
LOTITO, Jointly and Severally, Defendants, Case No. 1:21-cv-06785
(E.D.N.Y., December 7, 2021) arises from the Defendants' alleged
violations of the Fair Labor Standards Act and the New York Labor
Law by failing to pay overtime compensation, failing to provide
wage notices, and failing to furnish wage statements.
The Plaintiffs are former plumbers at Defendants' plumbing and
heating company based in Montauk, New York. Plaintiffs Luis Escobar
Gonzalez and Rene Gallegos were employed from 2017 through February
9, 2021 and from early 2017 until February 2018, respectively.
The Corporate Defendants are plumbing companies based in New
York.[BN]
The Plaintiffs are represented by:
Brent E. Pelton, Esq.
Taylor B. Graham, Esq.
PELTON GRAHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Telephone: (212) 385-9700
Facsimile: (212) 385-0800
E-mail: Pelton@PeltonGraham.com
Graham@PeltonGraham.com
MOVADO GROUP: Lopez Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Movado Group, Inc.
The case is styled as Victor Lopez, on behalf of all persons
similarly situated v. Movado Group, Inc., Case No. 1:21-cv-10700
(S.D.N.Y., Dec. 14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Movado -- https://www.movadogroup.com/ -- is an American
watchmaker.[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
NEBIA INC: Fischler Files ADA Class Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Nebia Inc. The case
is styled as Brian Fischler, Individually and on behalf of all
other persons similarly situated v. Nebia Inc. doing business as:
Nebia, Case No. 1:21-cv-10696 (S.D.N.Y., Dec. 14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Nebia Inc. -- https://nebia.com/ -- manufactures and sells bath
showers. The Company offers spa shower, shelf, and other related
products.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
LIPSKY LOWE LLP
630 Third Avenue Fifth Floor
New York, NY 10017
Phone: (212) 392-4772
Fax: (212) 444-1030
Email: doug@lipskylowe.com
NEUTRON HOLDINGS: Fuhrer Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Neutron Holdings,
Inc., et al. The case is styled as Steven Fuhrer, individually and
on behalf of all others similarly situated v. Neutron Holdings,
Inc., Does 1 through 10, Case No. CGC21597070 (Cal. Super. Ct., San
Francisco Cty., Dec. 10, 2021).
The case type is stated as "Other Non-Exempt Complaints."
Neutron Holdings, Inc. doing business under the name Lime, formerly
LimeBike -- https://www.li.me/ -- is a transportation company based
in San Francisco, USA. It runs electric scooters, electric bikes,
normal pedal bikes, electric mopeds and car sharing systems in
various cities around the world.[BN]
The Plaintiff is represented by:
Dimitrios Vasiliou Korovilas, Esq.
WUCETICH & KOROVILAS LLP
222 N Pacific Coast Hwy, Ste 2000
El Segundo, CA 90245-5614
Phone: 310-335-2001
Fax: 310-364-5201
Email: dimitri@wukolaw.com
NEXTLEVEL ASSOCIATION: Joseph Sues Over Estoppel Certificates' Fees
-------------------------------------------------------------------
BASTIN JOSEPH, individually and on behalf of all others similarly
situated, Plaintiff v. NEXTLEVEL ASSOCIATION SOLUTIONS, INC., D/B/A
HOMEWISEDOCS.COM, Defendant, Case No. 140143581 (Fla. Cir. Ct.,
13th Jud. Cir., Hillsborough Cty., December 10, 2021) is a class
action against the Defendant for violations of Section 720.30851(6)
of the Florida Statutes and the Florida Deceptive and Unfair Trade
Practices Act.
The case arises from the Defendant's uniform and systematic
practice of charging and collecting more than the $250 statutory
cap for the preparation and delivery of non-expedited estoppel
certificates. The Plaintiff seeks disgorgement of all amounts
collected by the Defendant.
NextLevel Association Solutions, Inc., doing business as
HomeWiseDocs.com, is a company engaged in drafting estoppel
certificates for homeowners' association (HOA), with its principal
place of business in Reno, Nevada. [BN]
The Plaintiff is represented by:
Brian W. Warwick, Esq.
Matthew T. Peterson, Esq.
VARNELL & WARWICK, P.A.
1101 E. Cumberland Ave., Ste. 201H, Suite 105
Tampa, FL 33602
Telephone: (352) 753-8600
Facsimile: (352) 504-3301
E-mail: bwarwick@vandwlaw.com
mpeterson@vandwlaw.com
kstroly@vandwlaw.com
- and -
Brent R. Bigger, Esq.
Landis V. Curry III, Esq.
PAUL KNOPF BIGGER, PLLC
511 W. Bay Street, Suite 450
Tampa, FL 33606
Telephone: (813) 609-2993
Facsimile: (813) 864-6777
E-mail: brent@pkblawfirm.com
lance@pkblawfirm.com
vielka@pkblawfirm.com
NIGHT GALLERY: Murphy Files Suit in S.D.N.Y. Over ADA Violations
----------------------------------------------------------------
A class action lawsuit has been filed against Night Gallery Inc.
The case is styled as James Murphy, for himself and on behalf of
all other persons similarly situated v. Night Gallery Inc., Case
No. 1:21-cv-10683-ALC (S.D.N.Y., Dec. 14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Night Gallery -- https://www.nightgallery.ca/ -- is a contemporary
art gallery and artist-run space in Los Angeles, California.[BN]
The Plaintiff is represented by:
Justin A. Zeller, Esq.
THE LAW OFFICE OF JUSTIN ALEXANDER ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Phone: (212) 229-2249
Fax: (212) 229-2246
Email: jazeller@zellerlegal.com
OCTAVIA GATEWAY: 8 Octavia Balks at Improper Omission of Inspection
-------------------------------------------------------------------
8 OCTAVIA BOULEVARD OWNERS' ASSOCIATION, a California nonprofit
mutual benefit corporation on behalf of itself, and in its
representative capacity on behalf of its members v. OCTAVIA GATEWAY
HOLDINGS LLC, a Delaware limited liability company; DDG CALIFORNIA
LLC, a Delaware limited liability company; DM DEVELOPMENT PARTNERS,
LLC, a Delaware limited liability company; DDG PARTNERS LLC, a
Delaware limited liability company; and DOES 1 through 300,
inclusive, Case No. CGC-21-596905 (Cal. Super. Ct., San Francisco
Cty., Dec. 2, 2021), is brought against the Defendant for violation
of he California Civil Code as a result of the Defendant omitting
and or carelessly performed inspections and therefore did not
reveal, disclose or inform 8 OCTAVIA or its members of the
conditions of the Project.
According to the complaint, each and every Defendant had a duty to
8 OCTAVIA and its members as reasonably foreseeable purchasers,
owners, and managing association within the 8 OCTAVIA project
located in San Francisco, California, to use reasonable care in
performing the tasks as related to the planning, development, and
creation, including the 8 OCTAVIA, improvement, design,
construction, inspection, promotion, and sale of the project.
8 OCTAVIA alleges that from time-to-time during the approximate
period of construction of the Project to the date of this
Complaint, Defendants performed inspections or should have
performed inspections to ensure the quality of construction, in
conformance with the Governing Documents and the Standards for
Residential Construction set forth in California Civil Code Section
895 et seq., as well as with all applicable building codes and the
approved plans and specifications for the work, and reported on
conditions of various elements of the Project, including, but not
limited to, the Common Area and Units, and made recommendations as
to said conditions to Co-Defendants.
8 OCTAVIA asserts that some or all of its damages arise out of the
breach by DEVELOPER DEFENDANTS of the Governing Documents and
equitable servitudes stated therein, both personal in nature and
running with the land, and that the damages, including the cost to
repair and replace defective improvements in good condition and
repair and the consequential damages from the same, proximately
flow from the wrongful conduct of DEVELOPER DEFENDANTS and
defendants, generally.
8 OCTAVIA further alleges that Defendants, or those who such
Defendants hired to make inspections, omitted to properly make such
inspections or carelessly performed such inspections and therefore
did not reveal, disclose or inform 8 OCTAVIA or its members of the
conditions of the Project observed during said inspections or that
would have come to their attention had such inspections been
conducted by said parties, and 8 OCTAVIA, first when controlled by
DEVELOPER DEFENDANTS, and thereafter when controlled by purchasing
members, along with all purchasing members of 8 OCTAVIA, reasonably
relied on the implied and express representations that the Project
was properly constructed and completed in a good condition and
repair, and free from construction and/or design defects and
premature and unreasonable deterioration of the improvements, and
that 8 OCTAVIA'S obligations of maintenance, repair and replacement
of the improvements at the Property in a good condition and repair
as required by the Governing Documents could reasonably be
completed and accomplished and funded by the assessments as
provided for by the DEVELOPER DEFENDANTS and as set forth in the
pro forma budget estimates submitted by Defendants to the
California Department/Bureau of Real Estate.
8 OCTAVIA and its purchasing members neither knew, nor had reason
or opportunity to know, of said defects at the time 8 OCTAVIA was
burdened with management of the Project, including specifically the
duty to maintain, repair and replace the common area improvements
in good condition and repair, or when said members of 8 OCTAVIA
entered into agreements with Defendants, or at the time of transfer
of the Common Area or the Units at the time of purchase,
respectively, or at any time prior to the running of any
limitations period set forth in California Civil Code.
8 OCTAVIA is presently unaware of when all the defective conditions
alleged herein first occurred or manifested themselves or caused
physical injury to or destruction of tangible property, or the loss
of use of such property, but asserts that the construction
deficiencies at the Project have developed and occurred over a
period of time since substantial completion of the Project, said
deficiencies and resulting physical injuries being continuous and
progressive, says the complaint.
The Plaintiff is a nonprofit mutual benefit corporation duly
organized and existing by virtue of the laws of the State of
California.
OCTAVIA GATEWAY HOLDINGS LLC was a Delaware limited liability
company doing business in the State of California.[BN]
The Plaintiff is represented by:
Andrew M. Baugh, Esq.
Jenna D. Swaney, Esq.
BERDING & WEIL LLP
2175 N. California Blvd, Suite 500
Walnut Creek, CA 94596
Phone: (925) 838-2090
Facsimile: (925) 820-5592
Email: abaugh@berdingweil.com
jswaney@berdingweil.com
PERRY'S RESTAURANTS: Conditional Cert. of Server Class Sought
-------------------------------------------------------------
In the class action lawsuit captioned as LANCE GREEN and ANDERSON
KHALID, individually and on behalf of all others similarly
situated, v. PERRY'S RESTAURANTS LTD; PERRY'S STEAKHOUSE OF
COLORADO, LLC, collectively d/b/a PERRY'S STEAKHOUSE AND GRILLE;
and CHRISTOPHER V. PERRY, individually, Case No.
1:21-cv-00023-WJM-NRN (D. Colo.), the Plaintiff asks the Court to
enter an order granting conditional certification for a class of
similarly situated employees (Collective Members), defined as:
"All current and former servers who worked at Perry's
Steakhouse & Grille in Colorado, Alabama, North Carolina, or
Florida and were paid a direct subminimum cash hourly wage at
any time since April 30, 2018."
The Plaintiffs and Collective Members worked as servers for Perry's
and were all paid a direct cash wage of less than minimum wage,
plus tips left by customers.
This action challenges Perry's company-wide practice of paying its
servers subminimum hourly wages and paying its servers subminimum
wages to perform both tipped and non-tipped job duties at its
locations in Alabama, Colorado, Florida, and North Carolina.
Perry's practice of paying its servers a subminimum hourly wage for
all hours worked, including the hours spent performing non-tipped
work (before, during, and the end of each shift) violates the Fair
Labor Standards Act (FLSA's) tip credit and minimum wage
provisions.
Perry's utilizes the same compensation structure to pay its servers
and uniformly applies its policies to all servers, including the
Plaintiffs and Collective Members, across all locations.
A copy of the Plaintiffs' motion to certify class dated Dec. 10,
2021 is available from PacerMonitor.com at https://bit.ly/30vQYnO
at no extra charge.[CC]
The Plaintiffs are represented by:
Drew N. Herrmann, Esq.
Pamela G. Herrmann, Esq.
HERRMANN LAW, PLLC
801 Cherry St., Suite 2365
Fort Worth, TX 76102
Telephone: (817) 479-9229
Facsimile: (817) 840-5102
E-mail: drew@herrmannlaw.com
pamela@herrmannlaw.com
The Defendants are represented by:
Lionel Schooler, Esq.
Jackson Walker LLP
1401 McKinney Ave., Suite 1900
Houston, TX 77010
E-mail: lschooler@jw.com
- and -
John K. Shunk, Esq.
MESSNER REEVES LLP
1430 Wynkoop Street, Suite 300
Denver, CO 80202
E-mail: jshunk@messner.com
PERSOLVE RECOVERIES: Allecia Sinkfield Seeks to Certify Class
-------------------------------------------------------------
In the class action lawsuit captioned as ALLECIA SINKFIELD, on
behalf of herself and others similarly situated, v. PERSOLVE
RECOVERIES, LLC, Case No. 9:21-cv-80338-RKA (S.D. Fla.), the
Plaintiff asks the Court to enter an order certifying the following
class:
"All persons (a) with a Florida address, (b) against whom
Persolve Recoveries, LLC filed a complaint in a Florida
court, (c) in connection with the collection of a consumer
debt, (d) between February 17, 2020 and February 8, 2021."
On December 28, 2020, Persolve filed a Complaint against the
Plaintiff in the County Court of the Fifteenth Judicial Circuit in
and for Palm Beach County in connection with the collection of an
automobile loan.
The Defendant was not registered as a consumer collection agency
with the Office of Financial Regulation of the Florida Financial
Services Commission at the time it filed the state court collection
complaint against the Plaintiff, the lawsuit says.
Persolve is a full service legal recovery and collection firm.
A copy of the Plaintiff's motion to certify class dated Dec. 10,
2021 is available from PacerMonitor.com at https://bit.ly/3EayMOt
at no extra charge.[CC]
The Plaintiff is represented by:
James L. Davidson, Esq.
Jesse S. Johnson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
7601 N. Federal Highway, Suite A-230
Boca Raton, FL 33487
Telephone: (561) 826-5477
E-mail: jdavidson@gdrlawfirm.com
jjohnson@gdrlawfirm.com
- and -
Matthew Bavaro, Esq.
LOAN LAWYERS
3201 Griffin Road, Suite 100
Ft. Lauderdale, FL 33312
Telephone: (954) 523-4357
E-mail: Matthew@Fight13.com
PLD TRANSPORT: Ellis Files FLSA Suit in W.D. Arkansas
-----------------------------------------------------
A class action lawsuit has been filed against PLD Transport, Inc.,
et al. The case is styled as Jacquelyn Ellis, individually and on
behalf of all others similarly situated v. PLD Transport, Inc., Lee
Lucy, Lynn Lucy, Case No. 6:21-cv-06159-RTD (W.D. Ark., Dec. 14,
2021).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
PLD Transport -- https://www.pldtransportinc.com/ -- is a trucking
company in Malvern, Arkansas.[BN]
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM
10800 Financial Centre Parkway
Little Rock, AR 72211
Phone: (501) 904-1649
Fax: (888) 787-2040
Email: josh@sanfordlawfirm.com
PROCTER & GAMBLE: Lyle Sues Over Mislabeled Antiperspirant Sprays
-----------------------------------------------------------------
REESE LYLE, a consumer residing in Oregon, individually and on
behalf of all others situated, Plaintiff v. THE PROCTER & GAMBLE
COMPANY, an Ohio Corporation, Defendants, Case No. 3:21-cv-01760-AC
(D. Or., December 7, 2021) is a class action lawsuit by Plaintiff,
and all others similarly situated, who purchased certain
over-the-counter aerosol antiperspirant sprays manufactured, sold
and distributed by Defendant under the brand names "Old Spice" and
"Secret" (the Aerosol Antiperspirant Products or AAPs), in
violation of the Oregon's Unlawful Trade Practices Act.
According to the complaint, the presence of benzene in Defendant's
AAPs was not disclosed on the products' label, violating state
consumer laws, unjustly enriching Defendant, and bringing the AAPs
out of compliance with applicable federal laws and regulations.
The Plaintiff now seeks redress for the unlawful and deceptive
practices employed by the Defendant in connection with its
labeling, marketing and sale of the AAPs.
The Procter & Gamble Company is an American multinational consumer
goods corporation headquartered in Cincinnati, Ohio, founded in
1837 by William Procter and James Gamble.[BN]
The Plaintiff is represented by:
Carl Post, Esq.
LAW OFFICES OF DANIEL SNYDER
1000 S.W. Broadway, Suite 2400
Portland, Oregon 97205
Telephone: (503) 241-3617
Facsimile: (503) 241-2249
E-mail: carlpost@lawofficeofdanielsnyder.com
- and -
M. Ryan Casey, Esq.
CASEY LAW FIRM, LLC
PO Box 4577
Frisco, CO 80443
Telephone: (970) 372-6509
Facsimile: (970) 372-6482
E-mail: ryan@rcaseylaw.com
QUEST DIAGNOSTICS: Vecchio Seeks to Conditionally Certify Class
---------------------------------------------------------------
In the two class action lawsuits against Quest Diagnostics Inc., et
al., the Plaintiff asks the Court to enter an order her unopposed
motion for conditionally certifying the Class and Collective; and
preliminary approving the Class and Collective Action Settlement.
Quest Diagnostics is an American clinical laboratory.
The lawsuits are captioned as:
"MARIA VECCHIO, individually and on behalf of all others
similarly situated, v. QUEST DIAGNOSTICS INC., EXAMONE WORLD
WIDE, INC., and EXAMONE LLC, Case No. 1:16-cv-05165-ER-KNF
(S.D.N.Y.);" and
"MARIA VECCHIO, individually and on behalf of all others
similarly situated, v. QUEST DIAGNOSTICS INC., EXAMONE WORLD
WIDE, INC., and EXAMONE LLC, Case No. 1:19-cv-05194-ER-KNF
(S.D.N.Y.)."
A copy of the Plaintiff's motion dated Dec. 10, 2021 is available
from PacerMonitor.com at https://bit.ly/3oWYHo5 at no extra
charge.[CC]
The Plaintiff is represented by:
Salvatore C. Badala, Esq.
NAPOLI SHKOLNIK PLLC
400 Broadhollow Rd. #305
Melville, NY 11747
Telephone: (212) 397-1000
Facsimilie: (646) 843-7603
E-mail: sbadala@napolilaw.com
REVANCE THERAPEUTICS: Inflated Prices of Securities, Aramic Claims
------------------------------------------------------------------
ARAMIC LLC, individually and on behalf of all others similarly
situated, Plaintiff v. REVANCE THERAPEUTICS, INC., MARK J. FOLEY,
and TOBIN C. SCHILKE, Defendants, Case No. 3:21-cv-09585-EJD (N.D.
Cal., December 10, 2021) is a class action against the Defendants
for violations of Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934.
According to the complaint, the Defendants made materially false
and misleading statements with the Securities and Exchange
Commission regarding Revance's business, operations, and compliance
policies in order to trade Revance securities at artificially
inflated prices between November 25, 2019 and October 11, 2021.
Specifically, the Defendants allegedly failed to disclose that: (i)
quality control deficiencies existed at the company's manufacturing
facility for DaxibotulinumtoxinA for injection (DAXI); (ii) the
foregoing deficiencies decreased the likelihood that the Food and
Drug Administration (FDA) would approve the DAXI Biologics License
Application (BLA) in its current form; (iii) accordingly, it was
unlikely that the DAXI BLA would obtain FDA approval within the
timeframe the company had represented to investors; and (iv) as a
result, the company's public statements were materially false and
misleading at all relevant times.
When the truth emerged, Revance's stock price fell $6.85 per share,
or 25 percent, to close at $20.45 per share on October 12, 2021.
The company's stock price continuously fell $8.90 per share, or
39.19 percent, to close at $13.81 per share on October 18, 2021.
Aramic, LLC is a limited liability company based in Florida.
Revance Therapeutics, Inc. is a biotechnology company with
principal executive offices located at 1222 Demonbreun Street,
Suite 2000, Nashville, Tennessee. [BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
- and –
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
- and –
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (212) 697-6484
Facsimile: (212) 697-7296
E-mail: peretz@bgandg.com
SAFECO INSURANCE: Amended Case Management Order Entered in Garth
----------------------------------------------------------------
In the class action lawsuit captioned as WENDALL C. GARTH v. SAFECO
INSURANCE COMPANY OF ILLINOIS, Case No. 1:21-cv-00602-JPC (N.D.
Ohio), the Hon. Judge J. Philip Calabrese entered an amended case
management order granting the parties' motion to extend the filing
deadlines for 90 days so they can participate in private mediation
with the hopes of resolving the case, as follows:
-- Disclosure of Plaintiff's Class May 4, 2022
Certification expert and
Deadline to move for Class
Certification:
-- Disclosure of Defendant's Class June 13, 2022
Certification expert and
Deadline to Oppose Class
Certification:
-- Deadline to Reply in support of August 4, 2022
class certification and exchange
expert rebuttal reports:
-- Fact discovery cutoff: September 12, 2022
Safeco operates as an insurance company.
A copy of the Court's order dated Dec. 10, 2021 is available from
PacerMonitor.com at https://bit.ly/33oDFXe at no extra charge.[CC]
SELKBAG USA: Lopez Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Selkbag USA, Inc. The
case is styled as Victor Lopez, on behalf of all persons similarly
situated v. Selkbag USA, Inc., Case No. 1:21-cv-10701-AT (S.D.N.Y.,
Dec. 14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Selk'bag -- https://www.selkbagusa.com/ -- is a Sleep Wear System
created in Chile that allows customers to wear their sleeping
bag.[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
SEQUOIA ONE: Bendau Sues Over Associate Therapists' Unpaid Wages
----------------------------------------------------------------
GREGORY BENDAU, individually and on behalf of all others similarly
situated, Plaintiff v. SEQUOIA ONE PEO, LLC; CEREBRAL MEDICAL
GROUP, A PROFESSIONAL CORPORATION; CEREBRAL MEDICAL GROUP, PA fka
SOUTH LEMON PROVIDER GROUP, PA; and DOES 1 through 10, inclusive,
Defendants, Case No. 3:21-cv-09580 (N.D. Cal., December 10, 2021)
is a class action against the Defendants for violations of the
California Labor Code and the California Business and Professions
Code including failure to pay wages for all hours worked, failure
to pay accrued and unused vacation time to separated employees,
failure to keep accurate payroll records and provide accurate
itemized wage statements, failure to pay wages due at separation of
employment, failure to indemnify for business expenditures,
penalties, and unfair competition.
The Plaintiff was employed by Defendants as an associate therapist
from March 16, 2021 to May 28, 2021.
Sequoia One PEO, LLC is a full-service professional employer
organization that provides human resources outsourcing services,
with its principal place of business in San Francisco, California.
Cerebral Medical Group, A Professional Corporation, is a medical
business based in California.
Cerebral Medical Group, PA, formerly known as South Lemon Provider
Group, PA, is a provider of emotional health services based in
Florida. [BN]
The Plaintiff is represented by:
Kevin Mahoney, Esq.
Katherine Odenbreit, Esq.
Kate Nicole G. Blanco, Esq.
MAHONEY LAW GROUP, APC
249 E. Ocean Blvd., Ste. 814
Long Beach, CA 90802
Telephone: (562) 590-5550
Facsimile: (562) 590-8400
E-mail: kmahoney@mahoney-law.net
kodenbreit@mahoney-law.net
kblanco@mahoney-law.net
- and –
Ira Spiro, Esq.
IRA SPIRO, ATTORNEY AT LAW
10573 W. Pico Boulevard, Suite 865
Los Angeles, CA 90064
Telephone: (310) 235-2350
E-mail: ira@spirolawcorp.com
SNOW COSMETICS: Lopez Files ADA Class Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Snow Cosmetics LLC.
The case is styled as Victor Lopez, on behalf of all persons
similarly situated v. Snow Cosmetics LLC, Case No. 1:21-cv-10703
(S.D.N.Y., Dec. 14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Snow Cosmetics LLC doing business as The Snow Teeth Whitening Kit
-- https://www.trysnow.com/ -- uses a dentist-recommended
proprietary formula that offers professional teeth whitening right
at home.[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
SOUP N BURGER: Kargi Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------
Umut Kargi, as an individual and on behalf of a class of all others
similarly situated v. SOUP N BURGER CORP., ANATOLIAN GYRO INC, and
MUSTAFA TURIN, METIN TURIN, and JOHN DOES 1-25, individually and in
their official capacities, Case No. 1:21-cv-06846 (E.D.N.Y., Dec.
10, 2021), is brought to recover from Defendants' violations of
federal and New York State labor laws, specifically the New York
Minimum Wage Act, the New York Wage Theft Prevention, and the Fair
Labor Standards Act of 1938 as a result of the Defendants' common
policy and/or practice of not paying the Plaintiff minimum wage
and/or overtime.
The Plaintiff was a subject to the Defendants' common policy and/or
practice of not paying minimum wage and overtime at a rate of one
and one-half times their regular rate of pay for all hours worked
in excess of 40 hours per week, making unlawful deductions from
wages and not providing accurate wage statements, says the
complaint.
The Plaintiff was employed by the Defendant as a full-time
restaurant worker from April 2021 through July 2021.
SOUP N BURGER CORP. is a domestic corporation operating in the
restaurant industry in the City and State of New York, County of
Kings.[BN]
The Plaintiff is represented by:
Matthew S. Porges, Esq.
LAW OFFICE OF MATTHEW S. PORGES
32 Court Street, Suite 904
Brooklyn, NY 11201
Phone: 718-673-2578
Email: mspesq@mspesq.com
- and -
Jonathan Shalom, Esq.
SHALOM LAW PLLC.
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Phone: (718) 971-9474
Email: Jonathan@shalowlawny.com
SPURGEON: Boyd Files Prisonsers' Suit in S.D. Indiana
-----------------------------------------------------
A class action lawsuit has been filed against SPURGEON, et al. The
case is styled as Derek Boyd, individually and/or on behalf of
others similarly situated v. SPURGEON; TRICIA PRETORIUS Facility
Administrator; ROBERT E. CARTER, JR. IDOC Commissioner; R. GASKIN
Internal Investigations; KINISON Mr., IYC Legal liaison; JEREMY
JONES Grievance Specialist; Case No. 1:21-cv-03039-JPH-DML (S.D.
Ind., Dec. 14, 2021).
The lawsuit is brought over prison condition of prisoners in
violation of their civil rights.
Spurgeon is a town in Monroe Township, Pike County, in the U.S.
state of Indiana.[BN]
The Plaintiffs appear pro se.
TETHER HOLDINGS: Anderson Sues Over Tether Token Misrepresentations
-------------------------------------------------------------------
MATTHEW ANDERSON and SHAWN DOLIFKA, individually and on behalf of
all others similarly situated, Plaintiffs v. TETHER HOLDINGS
LIMITED, TETHER LIMITED, TETHER INTERNATIONAL LIMITED, TETHER
OPERATIONS LIMITED, IFINEX INC., BFXNA INC., and BFXWW INC.,
Defendants, Case No. 1:21-cv-10613 (S.D.N.Y., December 10, 2021) is
a class action against the Defendants for violations of New York's
Uniform Deceptive Trade Practices Act, Nevada Deceptive Trade
Practices Act, breach of contract, breach of implied contract,
unjust enrichment, and declaratory and injunctive relief.
The case arises from the Defendants' scheme to induce consumers to
purchase its cryptocurrency, Tether. The Defendants have marketed
Tether tokens as a stable coin, a cryptocurrency that is tied to a
real-world currency. The Defendants have consistently maintained on
their website, blog posts, court filings, social media accounts,
and elsewhere that Tether tokens are backed one-to-one by
sufficient reserves in U.S. dollars. They have also promised, in
the interest of transparency, to undergo routine audits of Tether's
reserves. Given these representations, consumers, including the
Plaintiffs, reasonably believed that each Tether token was equal to
one U.S. dollar and backed by one U.S. dollar in the Defendants'
reserves. But these alleged representations were false. Two
regulatory agencies, the New York State Attorney General (NYOAG)
and the Commodities Futures Trading Commission (CFTC), found that
the Defendants had misrepresented the backing of Tether tokens and
in fact, the Defendants did not maintain the same amount of
reserves as Tether tokens in circulation. At times, Defendants had
no reserves whatsoever. Further, these reserves did not contain
U.S. dollars, as Tether suggested, but were a mix of other assets,
such as overcollateralized loans and other undisclosed commercial
paper, says the suit.
Tether Holdings Limited is the holding company for Tether Limited,
Tether Operations Limited, and Tether International Limited.
Tether Limited is a cryptocurrency company organized under the laws
of Hong Kong.
Tether International Limited is a cryptocurrency company organized
under the laws of the British Virgin Islands.
Tether Operations Limited is a cryptocurrency company organized
under the laws of the British Virgin Islands.
iFinex Inc. is a company organized under the laws of the British
Virgin Islands that owns, operates, and controls the Bitfinex
cryptocurrency platform.
BFXNA Inc. is a wholly-owned subsidiary of iFinex, Inc., located in
Hong Kong, China.
BFXWW Inc. is a wholly-owned subsidiary of iFinex, Inc. [BN]
The Plaintiffs are represented by:
Christian Levis, Esq.
Noelle Feigenbaum, Esq.
Amanda Fiorilla, Esq.
LOWEY DANNENBERG P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 997-0500
Facsimile: (914) 997-0035
E-mail: clevis@lowey.com
nfeigenbaum@lowey.com
afiorilla@lowey.com
TICKETON ENTERTAINMENT: Bosley Slams Illegal SMS Ads
----------------------------------------------------
Cassandra Bonaire Bosley, on behalf of herself and all persons
similarly situated, Plaintiff v. Ticketon Entertainment L.P.,
Defendant, Case No. CACE-21-021649 (Fla. Cir., December 8, 2021),
seeks damages, restitution and injunctive relief arising from
violations of the Telephone Consumer Protection Act.
Ticketon Entertainment is an entertainment event promoter. In order
to promote its services, it sent telemarketing text messages to
Bosley's cellular telephone number. Said text messages conclude
with the following opt-out instructions "Reply STOP to end texts"
which Bosley replied correspondingly. Despite this, Ticketon sent
her a further text message offering its services on December 1,
2021. [BN]
Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 400
Miami, FL 33132
Telephone: 305-479-2299
Email: gberg@shamisgentile.com
ashamis@shamisgentile.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park E #1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
Email: scott@edelsberglaw.com
UNITED AIRLINES: Scholz Wage-and-Hour Suit Goes to N.D. California
------------------------------------------------------------------
The case styled JOHN R. SCHOLZ, III and KEVIN E. BYBEE,
individually and on behalf of all others similarly situated v.
UNITED AIRLINES, INC. and DOES 1 through 10, inclusive, Case No.
21-CIV-06029, was removed from the California Superior Court, San
Mateo County, to the U.S. District Court for the Northern District
of California on December 10, 2021.
The Clerk of Court for the Northern District of California assigned
Case No. 3:21-cv-09561 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code.
United Airlines, Inc. is an airline company headquartered in
Chicago, Illinois. [BN]
The Defendant is represented by:
Amanda C. Sommerfeld, Esq.
JONES DAY
555 South Flower Street, Fiftieth Floor
Los Angeles, CA 90071.2300
Telephone: (213) 489-3939
Facsimile: (213) 243-2539
E-mail: asommerfeld@jonesday.com
- and –
Koree B. Wooley, Esq.
JONES DAY
4655 Executive Drive, Suite 1500
San Diego, CA 92121.3134
Telephone: (858) 314-1200
Facsimile: (844) 345-3178
E-mail: kbwooley@jonesday.com
- and –
Renee Pauline T. Perez, Esq.
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104.1503
Telephone: (415) 626-3939
Facsimile: (415) 875-5700
E-mail: rpperez@jonesday.com
VIVINT SOLAR: Joint Bid to Modify Class Cert Briefing Sched Filed
-----------------------------------------------------------------
In the class action lawsuit captioned as GERRIE DEKKER,
individually and on behalf of all others similarly situated, v.
VIVINT SOLAR, INC., VIVINT SOLAR HOLDINGS, INC., VIVINT SOLAR
DEVELOPER, LLC, and VIVINT SOLAR PROVIDER, LLC, DOES 1 through 50,
inclusive, Case No. 3:19-cv-07918-WHA (N.D. Cal.), the Parties ask
the Court to enter an order modifying briefing schedule for the
motion for class certification as follows:
Scheduled Event Current Modified
Deadline Deadline
-- Opposition brief Dec. 23, 2021 Jan. 13, 2022
-- Reply brief Jan. 6, 2022 Jan. 27, 2022
-- Hearing date Feb. 10, 2022 Feb. 10, 2022
Vivint Solar is an American solar energy company headquartered in
Lehi, Utah.
A copy of the Parties' motion dated Dec. 10, 2021 is available from
PacerMonitor.com at https://bit.ly/3E4hLVL at no extra charge.[CC]
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Joshua D. Boxer, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Avenue, Suite 200
Manhattan Beach, CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: mmatern@maternlawgroup.com
jboxer@maternlawgroup.com
- and -
Corey B. Bennett, Esq.
MATERN LAW GROUP, PC
1330 Broadway, Suite 428
Oakland, CA 94612
Telephone: (510) 227-3998
Facsimile: (310) 531-1901
E-mail: cbennett@maternlawgroup.com
The Defendant is represented by:
Fred Norton, Esq.
Bree Hann, Esq.
George C. Harris, Esq.
Esther Chang, Esq.
THE NORTON LAW FIRM PC
299 Third Street, Suite 200
Oakland, CA 94607
Telephone: (510) 906-4900
E-mail: fnorton@nortonlaw.com
bhann@nortonlaw.com
gharris@nortonlaw.com
echang@nortonlaw.com
W.J. DEUTSCH: Martinez Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against W.J. Deutsch & Sons
Ltd. The case is styled as Pedro Martinez, individually and as the
representative of a class of similarly situated persons v. W.J.
Deutsch & Sons Ltd., Case No. 1:21-cv-06884-FB-TAM (E.D.N.Y., Dec.
14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
W.J. Deutsch & Sons, Ltd., doing business as Deutsch Family Wine &
Spirits -- https://www.deutschfamily.com/ -- produces alcoholic
beverages.[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
*********
S U B S C R I P T I O N I N F O R M A T I O N
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