/raid1/www/Hosts/bankrupt/CAR_Public/211227.mbx
C L A S S A C T I O N R E P O R T E R
Monday, December 27, 2021, Vol. 23, No. 252
Headlines
3M COMPANY: Bickford Sues Over Exposure to PFAS From AFFF Products
AMNET SERVICES: Bid for Class Cert. Extended to Jan. 31, 2022
ASCENSION HEALTH: Ayers Sues Over Mandatory Vaccination Policy
ASPLUNDH CONSTRUCTION: Cardenas Labor Suit Removed to C.D. Cal.
B & B IRON: Faces Gil Suit Over Unpaid OT and Breach of Contract
BANK OF NEW YORK: Mogollon Appeals Dismissal in Fraud Class Suit
BAYADA HOME: Higgins Appeals Ruling on Summary Judgment Bid
BISHOP OF CHARLESTON: Nestler Suit Seeks to Certify Classes
BLUEBIRD HOMECARE: Austin Sues Over Unpaid Overtime for Caregivers
CA COAST CREDIT UNION: Brunson Slams Illegal Overdraft Fees
CHARTER COMMUNICATIONS: Filing of Class Cert Bid Due Jan. 10, 2022
CHERRY RESTAURANT: Swan Sues Over Unpaid Wages, Illegal Kickbacks
CORE COMMUNITY: Solomon Sues Over Vaccinators' Unpaid OT Wages
ELITE HEALTH: Bid for Class Cert. Continued to Jan. 30, 2022
EOS USA INC: Bernstein Slams Erroneous Phone Bill
EXELON CORP: Plan Participants Slam Fund Mismanagement
EXPERIAN INFORMATION: Appeals Denial of Motions to Compel, Strike
FASTENER TECHNOLOGY: Parraguirre Suit Removed to C.D. California
FIRST TRANSIT: Discloses Interested Parties in Bellone Class Suit
GENERAL MOTORS: Calabasas Hits Unfair Used Vehicle Trade-In Modus
GENERAL MOTORS: Harper Sues Over Defective Transmission
GEO GROUP: Seeks Ninth Circuit Review in Nwauzor Labor Suit
HOLIDAY HOSPITALITY: Bensalem Suit Moved From E.D. Pa. to N.D. Ga.
iSIGN: Albertson Sues to Recover Unpaid Overtime
J.M. SMUCKER: Bosso Consumer Suit Moved From W.D.N.Y. to W.D. Mo.
JUUL LABS: Faces Mercer County Suit Over Youth E-Cigarette Crisis
KONINKLIJKE PHILIPS: Gilbertson Files Suit in W.D. Pennsylvania
KONINKLIJKE PHILIPS: Jackson Suit Transferred to W.D. Pennsylvania
MANGO GROCERY: Faces Martines Wage-and-Hour Suit in S.D. New York
MASTERCARD INC: Anderson Files Suit in S.D. New York
MDL 2179: Oil Spill Incident Suit Transferred to E.D. La.
MDL 2875: Hypertension Meds Row Transferred to D. N.J.
MDL 2913: JUUL Labs Product Suit Transferred to N.D. Cal.
MERCEDES-BENZ: Lewis Must File Class Cert. Bid by April 25, 2022
METROPOLITAN POLICE: Class Cert. Hearing Vacated in ADA Suit
MIDLAND FUNDING: Couturier FCRA Suit Removed to E.D. Washington
MRS BPO: Quintana Files FDCPA Suit in D. New Mexico
MUSICTODAY II LLC: Ortega Sues Over Non-Blind-Friendly Website
NATIONAL GENERAL: Filing for Class Cert. Bid Due Jan. 14, 2022
NOKIA OF AMERICA: Seibert Sues Over Breach of Fiduciary Duties
NORTHSTAR LOCATION: Rottenberg Files FDCPA Suit in S.D. New York
PAPER MART: Weekes Files ADA Suit in S.D. New York
PETER BLAKE GALLERIES: Murphy Files ADA Suit in S.D. New York
PROCTER & GAMBLE: Quinones Sues Over Products Containing Benzene
QRS INC: Hunter Files Suit in E.D. Tennessee
RALEY'S: Dempsey Wage-and-Hour Suit Removed to E.D. California
REYNOLDS TOWING: Fails to Provide Proper Wages, Stryska Suit Says
SOUTHWEST AIRLINES: Magadan Labor Suit Goes to N.D. California
T & R PIZZA: Bowman Sues Over Unreimbursed Automobile Expenses
TBJK CORP: Faces Ruiz-Rios Suit Over Food Runners' Unpaid Wages
UNION PACIFIC: Faces Smithson Suit Over Discriminatory Practices
*********
3M COMPANY: Bickford Sues Over Exposure to PFAS From AFFF Products
------------------------------------------------------------------
WILLIAM A. BICKFORD, as Personal
Representative/Administrator/Executor of the Estate of COLLIN IVORY
BICKFORD, deceased, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-04022-RMG
(D.S.C., December 13, 2021) is a class action against the
Defendants for negligence, battery, inadequate warning, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Decedent as a result of his alleged exposure to the Defendants'
aqueous film forming foam (AFFF) products containing synthetic,
toxic per- and polyfluoroalkyl substances collectively known as
PFAS. The Defendants failed to use reasonable and appropriate care
in the design, manufacture, labeling, warning, instruction,
training, selling, marketing, and distribution of their
PFAS-containing AFFF products and also failed to warn public
entities and firefighter trainees, including the Decedent, who they
knew would foreseeably come into contact with their AFFF products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Decedent was exposed
to toxic chemicals and was diagnosed with bladder cancer. The
Decedent's diagnosis caused and/or contributed to his death, the
suit asserts.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
AMNET SERVICES: Bid for Class Cert. Extended to Jan. 31, 2022
-------------------------------------------------------------
In the class action lawsuit captioned as Crockett, et al., v. Am
Net Services, Inc., et al., Case No. 4:20-cv-00417 (W.D. Mo.), the
Hon. Judge Roseann Ketchmark entered an order granting motion for
extension of time to file motion for class certification.
The deadline to file a motion for class certification is Jan. 31,
2022.
The suit alleges violation of the Fair Labor Standards Act.
AmNet is a technology-focused company engaged in providing value
add services and intelligent solutions for the wireless carriers
and enterprise.[CC]
ASCENSION HEALTH: Ayers Sues Over Mandatory Vaccination Policy
--------------------------------------------------------------
ANGELICA AYERS, DEBRA BAKER, COLLEEN BLISS, BETH BOWMAN, BAILEY
BUGNER, MELANIE BUGNER, TERESA BURNS, LINDA GOUCHENOUR, SHAWNA
HANSEN, DONNA HERMAN, KARRY HUFF, JOAN PARNELL, MCKAYLA PEELEN,
LAUREN RIISOE, JILL SAGE, RONEDA SAUERBRUNN, CARLA SCHEER, JOANNA
TALBERT, CRYSTAL WELDIN, individually and on behalf of all others
similarly situated, Plaintiffs v. ASCENSION HEALTH ALLIANCE,
Defendant, Case No. 6:21-cv-01289 (D. Kan., December 13, 2021) is a
class action against the Defendant for declaratory action and
violations of the right to privacy, the Kansas Preservation of
Religious Freedom Act, Title VII of the Civil Rights Act, and the
First Amendment and the Fourteenth Amendment of the United States
Constitution.
The case arises from the Defendant's action of terminating or
disciplining the Plaintiffs and similarly situated employees for
failing to comply with its mandatory vaccination policy. The
Defendant followed the federal government's vaccination order and
also required all contractors and providers to mandate vaccination,
or else their contracts would be terminated. After instituting the
vaccine mandate, the Defendant repeatedly asserted, orally and in
writing, that parties who did not comply would be deemed to have
resigned and it also stated that employees who failed to comply
would be placed on unpaid leave and removed from their work
schedules. The Plaintiffs and Class members who had applied for a
religious and/or medical exemption were not granted a religious or
medical exemption and were placed on unpaid suspension, alleges the
suit.
Ascension Health Alliance is a corporate network of Catholic
hospitals based in Missouri. [BN]
ASPLUNDH CONSTRUCTION: Cardenas Labor Suit Removed to C.D. Cal.
---------------------------------------------------------------
The case styled WENDY CARDENAS, individually and on behalf of all
others similarly situated v. ASPLUNDH CONSTRUCTION, CORP.; 347
GROUP, INC.; and DOES 1 through 20, inclusive, Case No.
21STCV37130, was removed from the Superior Court of the State of
California, County of Los Angeles, to the U.S. District Court for
the Central District of California on December 13, 2021.
The Clerk of Court for the Central District of California assigned
Case No. 2:21-cv-09644 to the proceeding.
The case arises from the Defendants' alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay minimum wages, failure to pay
overtime wages, failure to provide meal periods, failure to permit
rest breaks, failure to reimburse business expenses, failure to
provide accurate itemized wage statements, failure to pay all wages
due upon separation of termination, and unfair business practices.
Asplundh Construction, Corp. is a construction company, with its
principal place of business in Willow Grove, Pennsylvania.
347 Group, Inc. is an employment agency in Granite Bay, California.
[BN]
The Defendant is represented by:
Shiva Shirazi Davoudian, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067-3107
Telephone: (310) 553-0308
Facsimile: (310) 553-5583
E-mail: sdavoudian@littler.com
B & B IRON: Faces Gil Suit Over Unpaid OT and Breach of Contract
----------------------------------------------------------------
JOSE JUAN ALONSO GIL, MOISES GUSMAN GARCIA, and FAUSTINO DEHESA
OROZCO, individually and on behalf of all others similarly
situated, Plaintiffs v. B & B IRON WORKS, INC., MAURO BELGIOVINE,
GENERAL CONTRACTORS 1-20, and SURETY COMPANIES 1-20, Defendants,
Case No. 2:21-cv-20480 (D.N.J., December 13, 2021) is a class
action against the Defendants for unpaid overtime and breach of
contract in violation of the Fair Labor Standards Act and the New
Jersey Wage and Hour Law.
The Plaintiffs worked as welders at the Defendants' facility
located at 1 Broad Street, Clifton, New Jersey at any time between
1997 and 2021.
B & B Iron Works, Inc. is a structural iron and steel fabricator
located in New Jersey. [BN]
The Plaintiffs are represented by:
Mitchell Schley, Esq.
LAW OFFICES OF MITCHELL SCHLEY, LLC
197 Route 18 South, Suite 3000
East Brunswick, NJ 08816
Telephone: (732) 325-0318
BANK OF NEW YORK: Mogollon Appeals Dismissal in Fraud Class Suit
----------------------------------------------------------------
Plaintiffs Sergio Mogollon, et al., filed an appeal from a court
ruling entered in the lawsuit entitled SERGIO MOGOLLON and COLLEEN
LOWE, individually and on behalf of others similarly situated v.
THE BANK OF NEW YORK MELLON and GEORGE W. ARNETT III, Case No.
3:19-CV-3070, in the U.S. District Court for the Northern District
of Texas, Dallas.
As reported in the Class Action Reporter on February 13, 2020, the
lawsuit was transferred from the U.S. District Court for the
District of New Jersey to the U.S. District Court for the Northern
District of Texas on Dec. 30, 2019.
The Plaintiffs brought this putative class action lawsuit on behalf
of individuals and entities, who were allegedly defrauded by the
Defendants as a result of BNYM's role in facilitating the R. Allen
Stanford Ponzi scheme. As a direct and proximate result of the
Defendants' conduct, the Plaintiffs incurred substantial financial
losses.
On January 27, 2020, the Defendant filed a motion to dismiss the
case.
On November 12, 2021, Judge David C. Godbey entered an Order and
Final Judgment granting the Defendant's motion to dismiss. It is
ordered that Plaintiffs take nothing on their claims against BNYM.
Plaintiffs' claims are dismissed with prejudice.
The Plaintiffs now seek a review of this order.
The appellate case is captioned as Mogollon v. Bank of NY Mellon,
Case No. 21-11212, in the U.S. Court of Appeals for the Fifth
Circuit, filed on December 8, 2021.[BN]
Plaintiffs-Appellants Sergio Mogollon and Colleen Lowe,
individually and on behalf of all others similarly situated, are
represented by:
Michael E. Criden, Esq.
CRIDEN & LOVE, P.A.
7301 S.W. 57th Court
South Miami, FL 33143
Telephone: (305) 357-9000
E-mail: mcriden@cridenlove.com
Defendant-Appellee Bank of New York Mellon is represented by:
Thomas Miles Farrell, Esq.
MCGUIREWOODS, L.L.P.
600 Travis Street
Houston, TX 77002
Telephone: (713) 353-6677
E-mail: tfarrell@mcguirewoods.com
BAYADA HOME: Higgins Appeals Ruling on Summary Judgment Bid
-----------------------------------------------------------
Plaintiffs Stephanie Higgins, et al., filed an appeal from a court
ruling entered in the lawsuit entitled STEPHANIE HIGGINS, for
herself and all others similarly situated, et al., Plaintiffs v.
BAYADA HOME HEALTH CARE, INC., Defendant, Civil No. 3:16-CV-02382,
in the U.S. District Court for the Middle District of
Pennsylvania.
The plaintiffs seek a review of the order entered by Judge Jennifer
P. Wilson of the Middle District of Pennsylvania, which granted
Bayada's motion for summary judgment and denied its request for
oral argument on the motion.
The appellate case is captioned as Stephanie Higgins, et al. v.
Bayada Home Health Care Inc., Case No. 21-3286, in the United
States Court of Appeals for the Third Circuit, filed on December
13, 2021.
The 2016 complaint is an alleged unpaid overtime wages case brought
by Higgins, who was formerly employed as a registered nurse by
Bayada, on behalf of herself and all others similarly situated.
Higgins alleges that, inter alia, she was not paid overtime wages
to which she was otherwise entitled in violation of the Fair Labor
Standards Act ("FLSA") and the Pennsylvania Minimum Wage Act
("PMWA").
The plaintiffs are former "clinicians" employed by Bayada,
consisting of "registered nurses, physical therapists, occupational
therapists, speech language pathologists, and medical social
workers." Bayada is a non-profit company that provides a range of
clinical care and support services for patients within their homes.
Higgins represents a conditionally certified class of plaintiffs
who allege that Bayada illegally classified clinicians as overtime
exempt under the FLSA, and improperly denied them overtime pay. The
other named plaintiffs represent putative classes under numerous
related state laws based on the same claims.
Higgins initiated the action by filing a collective and class
action complaint against Bayada on behalf of herself and all others
similarly situated on Nov. 30, 2016. On May 11, 2018, the court
granted Higgins' motion for conditional certification and notice
under 29 U.S.C. Section 216(b), giving FLSA collective members 75
days from the notice mailing date to opt-in to the litigation. On
Oct. 11, 2018, Higgins sought leave to amend the complaint to add
additional named Plaintiffs and assert state law Rule 23 class
claims under the overtime laws of New Jersey, Massachusetts,
Maryland, Colorado, Arizona, and North Carolina.
On Jan. 28, 2020, Bayada requested leave to file an early motion
for summary judgment, which was granted by the court on May 15,
2020. Bayada filed the instant motion for summary judgment on Sept.
25, 2020. Higgins filed a brief in opposition, an answer to the
defendants' statement of facts, and an additional statement of
material facts. Bayada timely filed a reply brief. In addition,
Bayada filed an unopposed motion for oral argument on the motion
for summary judgment.
Plaintiffs-Appellants STEPHANIE HIGGINS, for herself and all others
similarly situated; SHERRI KRAMER; MEGHAN TANEYHILL; YVETTE
MARSHALL; MARGARET MAGEE; SHELLY NEAL; and SHEILA LEVESQUE are
represented by:
Teresa M. Becvar, Esq.
Haley R. Jenkins, Esq.
STEPHAN ZOURAS, LLP
205 North Michigan Avenue, Suite 2560
Chicago, IL 60601
Telephone: (312) 233-1550
E-mail: tbecvar@stephanzouras.com
hjenkins@stephanzouras.com
- and -
David J. Cohen, Esq.
STEPHAN ZOURAS, LLP
604 Spruce Street
Philadelphia, PA 19106
Telephone: (215) 873-4836
E-mail: dcohen@stephanzouras.com
- and -
Ryan F. Stephan, Esq.
James B. Zouras, Esq.
STEPHAN ZOURAS, LLP
100 North Riverside Plaza, Suite 2150
Chicago, IL 60606
Telephone: (312) 233-1550
E-mail: rstephan@stephanzouras.com
jzouras@stephanzouras.com
Defendant-Appellee BAYADA HOME HEALTH CARE INC. is represented by:
Thomas G. Collins, Esq.
BUCHANAN INGERSOLL & ROONEY
409 North Second Street, Suite 500
Harrisburg, PA 17101
Telephone: (717) 237-4843
E-mail: thomas.collins@bipc.com
- and -
Gretchen W. Root, Esq.
BUCHANAN INGERSOLL & ROONEY
501 Grant Street
Union Trust Building, Suite 200
Pittsburgh, PA 15219
BISHOP OF CHARLESTON: Nestler Suit Seeks to Certify Classes
-----------------------------------------------------------
In the class action lawsuit captioned as Gary Nestler, Viewed
Student Female 200, Viewed Student Male 300, on behalf of
themselves and all others similarly situated, v. The Bishop of
Charleston, a Corporation Sole, Bishop England High School,
Tortfeasors 1-10, The Bishop of the Diocese of Charleston, in his
official capacity, and Robert Guglielmone, individually, Case No.
2:21-cv-00613-RMG (D.S.C.), the Plaintiffs ask the Court to enter
an order:
1. certifying a Viewed Class, consisting of:
"all those persons, or such persons' personal
representatives, heirs or assigns, wherever located, who
have or in the future may have any claim against
Defendants The Bishop of Charleston, a Corporation Sole,
Bishop England High School, Tortfeasors 1-10, The Bishop
of the Diocese of Charleston, in his official capacity,
and Robert Guglielmone, individually, arising out of,
based upon, or in any way related to, or involving
injuries or damages claimed as a result of Jeffrey
Scofield or any other Bishop England High School employee
or agent monitoring, watching, viewing, spying, prying,
besetting, photographing or videotaping them, or other
such similar type conduct, through the viewing windows of
the coaches' or other BEHS officials' offices into the
locker rooms while attending Bishop England High School
from 1998 at least through 2019."
2. certifying a Tuition Class, consisting of:
"all those persons, or such persons' personal
representatives, heirs or assigns, wherever located, who
have or in the future may have any claim against
Defendants The Bishop of Charleston, a Corporation Sole,
Bishop England High School, Tortfeasors 1-10, The Bishop
of the Diocese of Charleston, in his official capacity,
and Robert Guglielmone, individually, arising out of,
based upon, or in any way related to, or involving claims
for reimbursement of tuition paid to Defendants as a
result of Jeffrey Scofield or any other Bishop England
High School employee or agent monitoring, watching,
viewing, spying, prying, besetting, photographing or
videotaping them, or other such similar type conduct,
through the viewing windows of the coaches' office into
the locker rooms while attending Bishop England High
School from 1998 through 2019."
3. appointing their counsel as Class Counsel.
The Plaintiffs filed this lawsuit seeking class action status on
behalf of current and past Bishop England High School (BEHS)
students who were made and required to disrobe, partially or fully,
in each of three dressing room / locker rooms, thereby exposing
themselves in the locker rooms controlled by Defendants Bishop
England High School, The Bishop of Charleston, a Corporation Sole,
The Bishop of Charleston, in his official capacity, Robert
Guglielmone, individually, and Tortfeasors 1-10. Each of the locker
rooms (boys and girls) were subject to viewing through a large 4’
by 4’ plate glass window, positioned at desktop height, while
students were using the dressing room / locker room facilities at
BEHS since the opening of the school building on Daniel Island in
the City of Charleston (approximately September 1, 1998) until May
of 2019. The windows were covered with blinds that could be and
were controlled and/or manipulated from within the viewing rooms;
of course, without warning or knowledge to students or tuition
payers, the lawsuit says.
The Plaintiffs allege that the BEHS students, children, using the
locker rooms had a reasonable expectation of privacy in the locker
rooms, were unaware that they were being viewed, and that there was
no legitimate purpose for use of the windows.
After the window and viewing information became public as a result
of a Defendant employee voyeur, Jeffrey Scofield, the Defendants
covered the windows with plywood within a matter of hours, this
after being in place and surreptitiously used to view nude and/or
partially nude children for more than twenty years. At some point,
the temporary plywood coverings were removed and the viewing
portals were permanently bricked in with cement blocks and painted
to match the existing walls, the suit adds.
A copy of the Plaintiffs' motion to certify class dated Dec. 13,
2021 is available from PacerMonitor.com at https://bit.ly/3mrGDkD
at no extra charge.[CC]
The Plaintiff is represented by:
Lawrence E. Richter, Jr., Esq.
Anna E. Richter, Esq.
THE RICHTER FIRM, LLC
622 Johnnie Dodds Blvd.
Mt. Pleasant, SC 29464
Telephone: (843) 849-6000
E-mail: LRichter@RichterFirm.com
Anna@RichterFirm.com
- and -
Carl L. Solomon, Esq.
SOLOMON LAW GROUP, LLC
P.O. Box 1866
Columbia, SC 29202
Telephone: (803) 391-3120
E-mail: carl@solomonlawsc.com
- and -
Daniel Scott Slotchiver, Esq.
Stephen Slotchiver, Esq.
SLOTCHIVER & SLOTCHIVER LLP
751 Johnnie Dodds Blvd, Suite 100
Mt. Pleasant, SC 29464
Telephone: 843-577-6531
E-mail: dan@slotchiverlaw.com
steve@slotchiverlaw.com
- and -
Brent S. Halversen, Esq.
Brent Souther Halversen, LLC
751 Johnnie Dodds Blvd., Suite 200
Mt. Pleasant, SC 29464
Telphone: (843) 284-5790
E-mail: brent@halversenlaw.com
BLUEBIRD HOMECARE: Austin Sues Over Unpaid Overtime for Caregivers
------------------------------------------------------------------
CYNTASHA AUSTIN, individually and on behalf of all others similarly
situated, Plaintiff v. BLUEBIRD HOMECARE OF ALABAMA, INC.,
Defendant, Case No. 2:21-cv-01645-JHE (N.D. Ala., December 13,
2021) is a class action against the Defendant for its failure to
compensate the Plaintiff and similarly situated caregivers overtime
pay for all hours worked in excess of 40 hours in a workweek in
violation of the Fair Labor Standards Act.
The Plaintiff was employed by the Defendant as an hourly-paid
caregiver from August 2020 until September 2021.
Bluebird Homecare of Alabama, Inc. is a provider of in-home care
services based in Montgomery, Alabama. [BN]
The Plaintiff is represented by:
Courtney Lowery, Esq.
SANFORD LAW FIRM, PLLC
10800 Financial Center Parkway, Suite 510
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: courtney@sanfordlawfirm.com
CA COAST CREDIT UNION: Brunson Slams Illegal Overdraft Fees
-----------------------------------------------------------
Tony Brunson, individually and on behalf of all others similarly
situated, Plaintiffs, v. California Coast Credit Union, Defendant,
Case No. 21-cv-02067, (S.D. Cal., December 10, 2021), seeks
monetary damages, restitution and declaratory relief from
California Coast Credit Union for the assessment and collection
"overdraft fees" on accounts that were never actually overdrawn in
breach of contract and in violation of the Electronic Fund Transfer
Act and the California Unfair Competition Law.
California Coast Credit Union (CCCU) is a credit union with its
headquarters and principal place of business in San Diego,
California. CCCU maintains approximately two dozen branches, 60
“shared branches, and numerous ATMs throughout San Diego and
Riverside Counties. Tony Brunson is a resident and citizen of Los
Angeles County, California, and a CCCU member. He claims to
assessed numerous improper fees on debit card and ATM transactions
even when there was enough money in his account to cover his
transaction. [BN]
Plaintiff is represented by:
Emily J. Kirk, Esq.
McCUNE WRIGHT AREVALO, LLP
231 N. Main Street, Suite 20
Edwardsville, IL 62025
Telephone: (618) 307-6116
Facsimile: (618) 307-6161
Email: ejk@mccunewright.com
- and -
Richard D. McCune, Esq.
David C. Wright, Esq.
Steven A. Haskins, Esq.
Mark I. Richards, Esq.
MCCUNE WRIGHT AREVALO LLP
3281 East Guasti Road, Suite 100
Telephone: (909) 557-1250
Email: rdm@mccunewright.com
CHARTER COMMUNICATIONS: Filing of Class Cert Bid Due Jan. 10, 2022
------------------------------------------------------------------
In the class action lawsuit captioned as LIONEL HARPER, DANIEL
SINCLAIR, HASSAN TURNER, LUIS VAZQUEZ, and PEDRO ABASCAL,
individually and 13 on behalf of all others similarly situated and
all aggrieved employees, v. CHARTER COMMUNICATIONS, LLC, Case No.
2:19-cv-00902-WBS-DMC (E.D. Cal.), the Hon. Judge William B. Shubb
entered an order granting joint stipulation and setting renewed
class certification motion briefing and hearing schedule as
follows:
-- Deadline to File Renewed Class January 10, 2022
Certification Motion:
-- Deadline to File Response: February 9, 2022
-- Deadline to File Reply: February 25, 2022
-- Hearing on Motion: March 7, 2022
On November 30, 2021, the Court lifted the stay of Plaintiff Daniel
Sinclair's claims and instructed the parties to stipulate to a
briefing schedule and hearing date for a renewed motion for class
certification.
Charter Communications operates as a cable telecommunications
company.
A copy of the Court's order dated Dec. 13, 2021 is available from
PacerMonitor.com at https://bit.ly/3mqLYs7 at no extra charge.[CC]
CHERRY RESTAURANT: Swan Sues Over Unpaid Wages, Illegal Kickbacks
-----------------------------------------------------------------
BRITTANY SWAN, individually and on behalf of all others similarly
situated, Plaintiff v. CHERRY RESTAURANT GROUP OF HUNTSVILLE, LLC
dba SCORES ALABAMA, CHARLES WESTLUND, JR., and DOE MANAGERS 1
through 3, and DOES 4 through 10, inclusive, Defendants, Case No.
5:21-cv-01639-LCB (N.D. Ala., December 13, 2021) is a class action
against the Defendants for violations of the Fair Labor Standards
Act including failure to pay minimum wages, illegal kickbacks,
unlawful taking of tips, and forced tip sharing.
The Plaintiff worked as a dancer at the Defendants' club Scores
Alabama located at 6400 University Drive NW, Huntsville, Alabama
from approximately September 2020 until December 2020.
Cherry Restaurant Group of Huntsville, LLC is an operator of an
adult-oriented entertainment facility called Scores Alabama,
located at 6400 University Drive NW, Huntsville, Alabama. [BN]
The Plaintiff is represented by:
Jason P. Tortorici, Esq.
SCHILLECI & TORTORICI, P.C.
100 Centerview Drive, Suite 205
Birmingham, AL 35233
Telephone: (205) 978-4211
E-mail: jpt@schillecitortoricilaw.com
- and –
John P. Kristensen, Esq.
CARPENTER & ZUCKERMAN
8827 W. Olympic Boulevard
Beverly Hills, CA 90211
Telephone: (310) 507-7924
Facsimile: (310) 507-7906
E-mail: john@kristensenlaw.com
- and –
Jarrett L. Ellzey, Esq.
ELLZEY & ASSOCIATES, PLLC
1105 Milford Street
Houston, TX 77066
Telephone: (713) 554-2377
Facsimile: (888) 995-3335
E-mail: jarrett@hughesellzey.com
CORE COMMUNITY: Solomon Sues Over Vaccinators' Unpaid OT Wages
--------------------------------------------------------------
Marchail Solomon, on behalf of himself and all others similarly
situated, Plaintiff v. CORE Community Organized Relief Effort,
Inc., Defendant, Case No. 2:21-cv-09630 (C.D. Cal., December 13,
2021) is a complaint that arises from the defendant's failure to
pay plaintiff and class members proper overtime as required by the
Fair Labor Standards Act.
The plaintiff worked for defendant throughout the state of Georgia,
from approximately February through September 26, 2021. He worked
in the position of "vaccinator."
CORE Community Response Relief Effort, Inc. is a non-profit
organization founded by actor Sean Penn that, inter alia, provides
COVID-19 vaccination services.
The Plaintiff is represented by:
Melinda Arbuckle, Esq.
SHELLIST | LAZARZ | SLOBIN LLP
5670 Wilshire Boulevard, Suite 1800
Los Angeles, CA 90036
Telephone: (713) 621-2277
Facsimile: (713) 621-0993
E-mail: marbuckle@eeoc.net
- and -
Matthew W. Herrington, Esq.
Charles R. Bridgers, Esq.
DELONG CALDWELL BRIDGERS FITZPATRICK & BENJAMIN, LLC
101 Marietta Street NW, Suite 2650
Atlanta, GA 30303
Telephone: (404) 979-3150
Facsimile: (404) 979-3170
E-mail: matthew.herrington@dcbflegal.com
charlesbridgers@dcbflegal.com
ELITE HEALTH: Bid for Class Cert. Continued to Jan. 30, 2022
------------------------------------------------------------
In the class action lawsuit captioned as Lampton v. Elite Health
Institute LTD, Case No. 2:20-cv-06564 (S.D. Ohio), the Hon. Judge
Kimberly A. Jolson entered an order granting the joint motion to
continue deadline for class certification.
The deadline for Plaintiff's motion for class certification is
extended 45 days and is now Jan. 30, 2022. This is the parties'
second 45-day extension regarding class certification. In the
interest of expediency, this will be the last extension on this
issue, says Judge Kimberly A. Jolson.
The nature of suit states restrictions of use of telephone
equipment.
Elite Health is located in Lewis Center, Ohio. The company
primarily operates in the health and allied services.[CC]
EOS USA INC: Bernstein Slams Erroneous Phone Bill
-------------------------------------------------
Ina Bernstein, individually and on behalf of all others similarly
situated, Plaintiffs, v. EOS USA Inc., Defendant, Case No.
614953/2021 (N.Y. Sup., November 30, 2021), seeks to recover
compensable damages for violations of the Fair Debt Collection
Practices Act.
EOS is a debt collector with business address at 500 Summit Lake
Drive, Suite 4A, Valhalla, NY 10595. It attempted to collect a
consumer debt allegedly owed by Bernstein to Verizon vis-a-vis a
collection letter which lists her balance void of interest charges
where in fact there should be. [BN]
Plaintiff is represented by:
Tamir Saland, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Tel: (201) 282-6500 ext. 122
Fax: (201) 282-6501
Email: TSaland@steinsakslegal.com
EXELON CORP: Plan Participants Slam Fund Mismanagement
------------------------------------------------------
Fred Baumeister, Kenneth Berkeihiser, Dwayne Clauser, John Conlin,
Carl S. Lehman, Greg Mattioni, and William Riale, on behalf of the
coration Employee Savings Plan, themselves and all others similarly
situated, Plaintiffs, v. Exelon Corporation, the Investment
Oversight Committee, the Board of Directors of Exelon Corporation,
the Corporate Investment Committee, Vanessa Hecht, Jennifer Franco,
Douglas J. Brown, and Jane and John Does 1-30, Defendants, Case No.
21-cv-06505, (N.D. Ill., December 6, 2021), seeks to recover the
Exelon Corporation Employee Savings Plans losses that Defendants
are liable for under the Employee Retirement Income Security Act of
1974 and for breaches of fiduciary duties against the its
fiduciaries, which include Exelon Corporation, the Investment
Oversight Committee, the Board of Directors of Exelon Corporation,
the Corporate Investment Committee, Vanessa Hecht, Jennifer Franco,
Douglas J. Brown, and Jane and John Does.
Exelon is engaged in the business of energy generation, sale, and
delivery throughout the United States. It is a holding company, and
its subsidiaries include various utility companies and plants
throughout the United States. Plaintiffs were participants in the
Exelon Corporation Employee Savings Plans. They claim that the
Plan's fiduciaries breached their duties of prudence and loyalty to
the Plan and its participants by selecting and maintaining
investment options that were materially more expensive and
performed materially worse than alternatives that were available in
the marketplace thus causing the Plan to pay excessive fees for
recordkeeping and other administrative services and allowing a
third-party consultant to charge the Plan unreasonably high fees
for participant advisory services, which fees the consultant kept
for itself or shared with another Plan service provider. [BN]
Plaintiff is represented by:
Michael M. Mulder, Esq
Elena N. Liveris, Esq.
THE LAW OFFICES OF MICHAEL M. MULDER
1603 Orrington Avenue, Suite 600
Evanston, Illinois 60201
Telephone: (312) 263-0272
Email: mmmulder@mmulderlaw.com
eliveris@mmulderlaw.com
- and
Todd S. Collins, Esq.
Karen Handorf, Esq.
Abigail Gertner, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
Email: tcollins@bm.net
khandorf@bm.net
agertner@bm.net
- and -
Eric Lechtzin, Esq.
EDELSON LECHTZIN LLP
3 Terry Drive, Suite 205
Newtown, PA 18940
Telephone: (215) 867-2399
Email: elechtzin@edelson-law.com
- and -
John J. Nestico, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
600 Fairview Road, Suite 1200
Charlotte, NC 28210
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
Email: jnestico@schneiderwallace.com
EXPERIAN INFORMATION: Appeals Denial of Motions to Compel, Strike
-----------------------------------------------------------------
Experian Information Solutions filed an appeal from a court ruling
entered in the lawsuit styled Elettra Meeks, Joseph Delacruz,
Stephanie Laguna, Amber Leonard, Becky Witt, on behalf of
themselves and others similarly situated v. Experian Information
Solutions, Inc., Midwest Recovery Systems, LLC, Consumer Adjustment
Company, Inc., Case No. 4:21-cv-03266-KAW, in the U.S. District
Court for Northern California, San Francisco.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
On November 12, 2021, Experian Information Solutions, Inc. filed a
motion to compel arbitration. On November 23, 2021, the Court
denied its motion to compel.
Experian Information now filed an appeal to review this order.
The appellate case is captioned as Experian Information Solutions,
et al. v. Elettra Meeks, et al., Case No. 21-17023, in the United
States Court of Appeals for the Ninth Circuit, filed on December 6,
2021.
The briefing schedule in the Appellate Case states that:
-- Appellant Experian Information Solutions, Inc. Mediation
Questionnaire was due on December 13, 2021;
-- Transcript shall be ordered by January 3, 2022;
-- Transcript is due on February 1, 2022;
-- Appellant Experian Information Solutions, Inc. opening brief
is due on March 14, 2022;
-- Appellees Joseph Delacruz, Stephanie Laguna, Amber Leonard,
Elettra Meeks and Becky Witt answering brief is due on April 12,
2022; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief. [BN]
Defendant-Appellant EXPERIAN INFORMATION SOLUTIONS, INC. is
represented by:
John A. Vogt, Esq.
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612-4408
Telephone: (949) 851-3939
Plaintiffs-Appellees ELETTRA MEEKS, on behalf of themselves and
others similarly situated; JOSEPH DELACRUZ; STEPHANIE LAGUNA; AMBER
LEONARD; and BECKY WITT are represented by:
Leonard A. Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Boulevard, Suite 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
- and -
Kristi Cahoon Kelly, Esq.
KELLY GUZZO, PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7572
- and -
Matthew W.H. Wessler, Esq.
GUPTA WESSLER, PLLC
2001 K Street, NW, Suite 850 N
Washington, DC 20006
Telephone: (202) 888-1741
FASTENER TECHNOLOGY: Parraguirre Suit Removed to C.D. California
----------------------------------------------------------------
The case styled GLORIA PARRAGUIRRE, individually and on behalf of
all others similarly situated v. FASTENER TECHNOLOGY CORP., EXPRESS
SERVICES, INC., and DOES 1 through 10, inclusive, Case No.
21STCV39915, was removed from the Superior Court of the State of
California for the County of Los Angeles to the U.S. District Court
for the Central District of California on December 13, 2021.
The Clerk of Court for the Central District of California assigned
Case No. 2:21-cv-09652 to the proceeding.
The case arises from the Defendants' alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay minimum wages for all hours worked,
failure to pay overtime wages, failure to provide meal periods,
failure to authorize and permit rest periods, failure to indemnify
for necessary business expenses, failure to pay all wages due at
the time of termination of employment, failure to provide and
maintain accurate and compliant wage statements, and unfair
business practices.
Fastener Technology Corp. is a supplier of industrial fasteners,
headquartered in North Hollywood, California.
Express Services, Inc. is an employment agency company, with its
principal place of business located in Oklahoma City, Oklahoma.
[BN]
The Defendant is represented by:
Morgan P. Forsey, Esq.
Nora K. Stilestein, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
333 South Hope Street, 43rd Floor
Los Angeles, CA 90071-1422
Telephone: (213) 620-1780
Facsimile: (213) 620-1398
E-mail: mforsey@sheppardmullin.com
nstilestein@sheppardmullin.com
FIRST TRANSIT: Discloses Interested Parties in Bellone Class Suit
-----------------------------------------------------------------
In the putative class action lawsuit styled VICTORIA BELLONE and
SUSAN MARIE STEWART, individually and on behalf of all others
similarly situated v. FIRST TRANSIT, INC. and DOES 1-50, inclusive,
Case No. 3:21-cv-09617, the Defendant filed its corporate
disclosure statement and notice of parties with financial interest
with the U.S. District Court for the Northern District of
California on December 13, 2021.
First Transit, Inc. is a transportation company headquartered in
Cincinnati, Ohio. [BN]
The Defendant is represented by:
David J. Dow, Esq.
Jocelyn Hannah, Esq.
Kara Cole, Esq.
LITTLER MENDELSON P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101-3577
Telephone: (619) 232-0441
Facsimile: (619) 232-4302
E-mail: ddow@littler.com
jhannah@littler.com
kcole@littler.com
GENERAL MOTORS: Calabasas Hits Unfair Used Vehicle Trade-In Modus
-----------------------------------------------------------------
Calabasas Luxury Motorcars, Inc., Plaintiff, v. General Motors,
Llc, General Motors Financial Company and Does 1 through 10,
inclusive, Defendant, Case No. 21-cv-09566, (C.D. Cal., December
10, 2021), brings this class action to remedy and enjoin ongoing
antitrust and state law violations which stem from General Motors,
LLC and General Motors Financial Company's anticompetitive conduct
in violations of federal antitrust laws and the California Business
and Professions Code.
Calabasas Luxury Motorcars is a high-end luxury used vehicle
dealership located in Los Angeles, California. It alleges that the
Defendants have conspired to eliminate competition by refusing to
allow non-GM dealerships to accept their leased vehicles as a
trade-in and refusing to allow consumers to sell their vehicles to
non-GM dealerships. This setup, according to the Plaintiff, reduced
the market for third-party lease payoffs and vehicle trade-ins.
Non-GM franchise used car dealers, and non-GM franchise new car
dealers who accept trade-ins, are very much affected because
competition in the secondary market for the purchase, sale or
trade-in of used GM vehicles are eliminated. This restriction in
competition unfairly favors GM franchise dealers. [BN]
Plaintiff is represented by:
Robert L. Starr, Esq.
Adam M. Rose, Esq.
Theodore R. Tang, Esq.
THE LAW OFFICE OF ROBERT L. STARR, APC
23901 Calabasas Road, STE #2072
Calabasas, CA 91302
Telephone: (818) 225-9040
Facsimile: (818) 225-9042
Email: robert@starrlaw.com
adam@starrlaw.com
theodore@starrlaw.com
GENERAL MOTORS: Harper Sues Over Defective Transmission
-------------------------------------------------------
Caroline Harper and Cole Ulrich, individually and on behalf of all
others similarly situated, Plaintiff, v. General Motors LLC,
Defendant, Case No. 21-cv-12907 (E.D. Mich., December 13, 2021),
seeks actual damages, economic damages, restitution, and/or
disgorgement, prejudgment and post-judgment interest, attorneys'
fees and costs of suit, including expert's witness fees and such
other and further relief resulting from breach of express warranty,
breach of implied warranty of merchantability, fraudulent omission,
unjust enrichment, negligence and in violation of the Magnuson-Moss
Warranty Act and the California Consumer Legal Remedies Act.
General Motors is a manufacturer of automotive vehicles under the
Cadillac and Chevrolet brands and sells its vehicles across the
United States through a network of over 4,100 dealers, including
those in Florida.
Harper purchased a new 2016 Cadillac CT6 while Ulrich purchased a
new 2017 Chevrolet Silverado 1500, both manufactured by GM and
containing the 8L90 or 8L45 transmission. Both claims that the
Hydra-Matic 8L90 transmission or Hydra-Matic 8L45 transmission that
that slip, buck, kick, jerk and harshly engage, suffer abnormal
internal wear, sudden acceleration, delay in downshifts, delayed
acceleration, difficulty stopping the vehicle, and eventually
require replacement of the transmission or its components. Harper
claims that this defect manifests itself within the limited
warranty period or shortly after the limited warranty period
expires. [BN]
Plaintiff is represented by:
Theodore J. Leopold, Esq.
COHEN MILSTEIN SELLERS & TOLL, PLLC
2925 PGA Boulevard, Ste. 200
Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400
Facsimile: (561) 515-1401
Email: tleopold@cohenmilstein.com
- and -
Douglas J. McNamara, Esq.
Karina G. Puttieva, Esq.
Paul Stephan, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Fifth Floor
Washington, DC 20005
Telephone: (202) 408-4600
Email: dmcnamara@cohenmilstein.com
kputtieva@cohenmilstein.com
pstephan@cohenmilstein.com
- and -
Robert Gordon, Esq.
Steven Calamusa, Esq.
GORDON & PARTNERS, P.A.
4114 Northlake Blvd.
Palm Beach Gardens, FL 33410
Telephone: (561) 799-5070
Facsimile: (561) 799-4050
Email: rgordon@fortheinjured.com
scalamusa@fortheinjured.com
- and -
Russell D. Paul, Esq.
Amey J. Park, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
Email: rpaul@bm.net
apark@bm.net
- and -
Mark A. Ozzello, Esq.
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Trisha K. Monesi, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, California 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
Email: Tarek.Zohdy@capstonelawyers.com
Trisha.Monesi@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
- and -
E. Powell Miller, Esq.
Sharon S. Almonrode, Esq.
William Kalas, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Telephone: (248) 841-2200
Facsimile: (248) 652-2852
Email: epm@millerlawpc.com
ssa@millerlawpc.com
wk@millerlawpc.com
- and -
Joseph H. Meltzer, Esq.
Melissa L. Troutner, Esq.
Natalie Lesser, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Tel.: (610) 667-7706
Fax: (610) 667-7056
Email: jmeltzer@ktmc.com
mtroutner@ktmc.com
nlesser@ktmc.com
- and -
Lynn Lincoln Sarko, Esq.
Gretchen Freeman Cappio, Esq.
Ryan McDevitt, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: (206) 623-1900
Fax: (206) 623-3384
Email: lsarko@kellerrohrback.com
gcappio@kellerrohrback.com
rmcdevitt@kellerrohrback.com
- and -
Michael L. Pitt, Esq.
Beth Rivers, Esq.
PITT McGEHEE PALMER AND RIVERS, P.C.
117 W. Fourth Street, Suite 200
Royal Oak, MI 48067
Telephone: (248) 398-9800
Facsimile: (248) 398-9804
Email: mpitt@pittlawpc.com
brivers@pittlawpc.com
GEO GROUP: Seeks Ninth Circuit Review in Nwauzor Labor Suit
-----------------------------------------------------------
The GEO Group, Inc. filed an appeal from a court ruling entered in
the lawsuit entitled UGOCHUKWU GOODLUCK NWAUZOR, individually and
on behalf of those similarly situated, and FERNANDO AGUIRRE-URBINA,
individually, Plaintiffs v. THE GEO GROUP, INC., a Florida
corporation, Defendant, Case No. 3:17-cv-05769-RJB, in the U.S.
District Court for the Western District of Washington at Tacoma.
As reported in the Class Action Reporter on July 12, 2021, the
District Court denied the Defendant's motion for decertification of
class or narrowing the class definition.
These consolidated cases arise from GEO's failure to pay
immigration detainee workers in its Voluntary Work Program minimum
wage at its Northwest Detention Center, now renamed Northwest ICE
Processing Center. One of the cases is the class action, Nwauzor v.
GEO Group, Inc., U.S. District Court for the Western District of
Washington case number 17-5769.
On Aug. 6, 2018, the class was certified and the class defined as
"all civil immigration detainees who participated in the Voluntary
Work Program at the Northwest Detention Center at any time between
September 26, 2014, and the date of final judgment in this matter."
Plaintiffs Ugochuk Goodluck Nwauzor and Fernando Aguirre-Urbina
were appointed as class representatives. Their claims were found to
be typical of the claims of the class and Mr. Nwauzor and Mr.
Aguirre-Urbina were found to fairly and adequately protect the
interests of the class. On May 17, 2021, the Plaintiff's motion to
dismiss Mr. Aguirre as a class representative due to illness was
granted.
On June 1, 2021, trial began. GEO filed this motion to decertify
the class or narrow the class definition that same day. The motion
was noted for consideration for June 25, 2021. After an 11-day
trial, jury deliberations over part of three days, and a
declaration of the jury that they could not agree on a verdict, a
mistrial was declared on June 17, 2021.
GEO argues that the class should be decertified because Mr.
Nwauzor's claims are not typical of the class and he is not an
adequate class representative. The class opposes the motion.
On November 4, 2021, the Plaintiff filed a motion pre and
post-judgment interest.
On November 11, 2021, the Defendant filed a motion for remittitur
and a motion for judgment as a matter of law.
On December 8, 2021, Judge Robert J. Bryan entered an order denying
Defendant's renewed motion for judgment as a matter of law; denying
the Defendant's motion for remittitur; and granting Plaintiffs'
motion for pre-judgment and post-judgment interest.
The Defendant now seeks a review of the order entered by Judge
Bryan.
The appellate case is captioned as The GEO Group, Inc. v. Ugochukwu
Nwauzor, et al., Case No. 21-36024, in the United States Court of
Appeals for the Ninth Circuit, filed on December 13, 2021.
The briefing schedule in the Appellate Case states that:
-- Appellant The Geo Group, Inc. Mediation Questionnaire was due
on December 20, 2021;
-- Transcript shall be ordered by January 10, 2022;
-- Transcript is due on February 8, 2022;
-- Appellant The Geo Group, Inc. opening brief is due on March
21, 2022;
-- Appellees Fernando Aguirre-Urbina and Ugochukwu Goodluck
Nwauzor answering brief is due on April 20, 2022; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief.[BN]
Defendant-Appellant THE GEO GROUP, INC., a Florida corporation, is
represented by:
Al Roundtree, Esq.
FOX ROTHSCHILD LLP
1001 Fourth Avenue, Suite 4500
Seattle, WA 98154
Telephone: (206) 624-3600
Plaintiffs-Appellees UGOCHUKWU GOODLUCK NWAUZOR and FERNANDO
AGUIRRE-URBINA, individually and on behalf of all those similarly
situated, are represented by:
Adam Jared Berger, Esq.
Lindsay L. Halm, Esq.
Rebecca J. Roe, Esq.
Jamal N. Whitehead, Esq.
SCHROETER GOLDMARK & BENDER
401 Union Street, Suite 3400
Seattle, WA 98101
Telephone: (206) 622-8000
E-mail: berger@sgb-law.com
halm@sgb-law.com
- and -
Robert Andrew Free, Esq.
LAW OFFICE OF R. ANDREW FREE
P.O. Box 90568
Nashville, TN 37209
Telephone: (844) 321-3221
E-mail: andrew@immigrantcivilrights.com
- and -
Meena Pallipamu Menter, Esq.
MENTER IMMIGRATION LAW PLLC
4444 Woodland Park Avenue North, Suite 203
Seattle, WA 98103
Telephone: (206) 419-7332
- and -
Devin T. Theriot-Orr, Esq.
OPEN SKY LAW, PLLC
20415 72nd Avenue S, Suite 110
Kent, WA 98032
Telephone: (206) 962-5052
E-mail: devin@sunbird.law
HOLIDAY HOSPITALITY: Bensalem Suit Moved From E.D. Pa. to N.D. Ga.
------------------------------------------------------------------
The case styled BENSALEM LODGING ASSOCIATES LLC, individually and
on behalf of all others similarly situated v. HOLIDAY HOSPITALITY
FRANCHISING, LLC; SIX CONTINENTS HOTELS, INC. d/b/a
INTERCONTINENTAL HOTELS GROUP; and IHG OWNERS ASSOCIATION, INC.,
Case No. 2:21-cv-02882, was transferred from the U.S. District
Court for the Eastern District of Pennsylvania to the U.S. District
Court for the Northern District of Georgia on December 13, 2021.
The Clerk of Court for the Northern District of Georgia assigned
Case No. 1:21-cv-05081-LMM to the proceeding.
The case arises from the Defendants' alleged breach of contract,
breach of fiduciary duty, and violation of the Sherman Act by
requiring their franchisees to use certain mandated vendors and
suppliers for the purchase of virtually all goods and services
necessary to maintain and to run a hotel.
Bensalem Lodging Associates LLC is a hotel owner and operator
located at 3327 Street Road in Bensalem, Pennsylvania.
Holiday Hospitality Franchising, LLC is a hotel company with its
principal place of business located at Three Ravinia Drive, Suite
100, Atlanta, Georgia.
Six Continents Hotels, Inc. d/b/a Intercontinental Hotels Group, is
a hotel company with its principal place of business located at
Three Ravinia Drive, Suite 100, Atlanta, Georgia.
IHG Owners Association, Inc. is a non-profit corporation, with its
principal place of business located at Three Ravinia Drive, Suite
100, Atlanta, Georgia. [BN]
The Plaintiff is represented by:
Justin E. Proper, Esq.
WHITE AND WILLIAMS LLP
1650 Market Street
One Liberty Place, Suite 1800
Philadelphia, PA 19103-7395
Telephone: (215) 864-7165
E-mail: properj@whiteandwilliams.com
- and –
Andrew P. Bleiman, Esq.
Mark Fishbein, Esq.
MARKS & KLEIN, LLP
1363 Shermer Road, Suite 318
Northbrook, IL 60062
Telephone: (312) 206-5162
Facsimile: (732) 219-0625
E-mail: andrew@marksklein.com
mark@ marksklein.com
- and –
Justin M. Klein, Esq.
MARKS & KLEIN, LLP
63 Riverside Avenue
Red Bank, NJ 07701
Telephone: (732) 747-7100
Facsimile: (732) 219-0625
E-mail: justin@marksklein.com
iSIGN: Albertson Sues to Recover Unpaid Overtime
------------------------------------------------
Derek Albertson, individually and on behalf of all others similarly
situated, Plaintiff, v. Intelligent Hardware Inc., Midlantic, Inc.,
Sam Morgan and Dina Morgan, Defendants, Case No. 21-cv-05371, (E.D.
Pa., July 8, 2021), seeks to recover compensation, liquidated
damages and attorneys' fees and costs under the Fair Labor
Standards Act of 1938, Pennsylvania Prevailing Wage Act, New Jersey
State Prevailing Wage Act and the New Jersey Wage Payment Law.
Defendants own and operate "iSIGN - Intelligent Signage," a sign
fabrication and installation contracting company which performs
sign fabrication and installation work mostly for public entities
on projects at public schools, fire stations, police stations, and
other government buildings. Albertson worked for iSIGN as sign
hanger and maker. He claims to have worked over 40 hours in a
workweek without being paid overtime compensation, regardless of
location. [BN]
Plaintiff is represented by:
James E. Goodley, Esq.
Ryan P. McCarthy, Esq.
GOODLEY MCCARTHY LLC
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 394-0541
Email: james@gmlaborlaw.com
ryan@gmlaborlaw.com
J.M. SMUCKER: Bosso Consumer Suit Moved From W.D.N.Y. to W.D. Mo.
-----------------------------------------------------------------
The case styled DEBORAH BOSSO, individually and on behalf of all
others similarly situated v. THE J. M. SMUCKER COMPANY and THE
FOLGER COFFEE COMPANY, Case No. 1:21-cv-01239, was transferred from
the U.S. District Court for the Western District of New York to the
U.S. District Court for the Western District of Missouri on
December 13, 2021.
The Clerk of Court for the Western District of Missouri assigned
Case No. 4:21-cv-00867-BP to the proceeding.
The case arises from the Defendants' alleged violation of New York
General Business Law, breach of New York express warranty, breach
of New York implied warranty, common law fraud, and quasi
contract/unjust enrichment/restitution by making false and
deceptive labeling and advertising of their Folgers ground coffee
products.
The J. M. Smucker Company is a consumer packaged goods company,
with its headquarters and principal place of business at One
Strawberry Lane, Orrville, Ohio.
The Folger Coffee Company is a coffee manufacturer, with its
headquarters and principal place of business at One Strawberry
Lane, Orrville, Ohio. [BN]
The Plaintiff is represented by:
Innessa M. Huot, Esq.
FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
New York NY 10017
Telephone: (212) 983-9330
Facsimile: (212) 983-9331
E-mail: ihuot@faruqilaw.com
JUUL LABS: Faces Mercer County Suit Over Youth E-Cigarette Crisis
-----------------------------------------------------------------
MERCER COUNTY COMMISSION, MERCER COUNTY, STATE OF WEST VIRGINIA, 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-09608 (N.D.
Cal., December 13, 2021) is a class action against the Defendants
for negligence, gross negligence, and violations of West Virginia
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, added the suit.
Mercer County Commission is a school district with its offices
located at 1501 E. Main Street, Princeton, West Virginia.
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:
Andy D. Birchfield, Jr., Esq.
Joseph G. VanZandt, Esq.
Davis S. Vaughn, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES, LLC
234 Commerce Street
Montgomery, AL 36103
Telephone: (334) 269-2343
E-mail: Andy.Birchfield@BeasleyAllen.com
Joseph.VanZandt@BeasleyAllen.com
Davis.Vaughn@BeasleyAllen.com
- and –
Charles R. "Rusty" Webb, Esq.
THE WEBB LAW CENTRE, PLLC
716 Lee St. E.
Charleston, WV 25301
Telephone: (304) 344-9322
E-mail: Rusty@RustyWebb.com
KONINKLIJKE PHILIPS: Gilbertson 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 Jim Gilbertson, Phillip Mabry,
Angelina Tubbs, Dennis Morris, Robert Bruce Mold, Michael Booker,
Donna Mathis, Joe David Dennett, Susan Bakaitis, Denny Caling,
Brent Hamlin, 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-01807-JFC (W.D. Pa.,
Dec. 10, 2021).
The nature of suit is stated as Contract Product Liability.
Koninklijke Philips N.V. -- https://www.philips.com/global -- is a
Dutch multinational conglomerate corporation that was founded in
Eindhoven.[BN]
The 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: Jackson Suit Transferred to W.D. Pennsylvania
------------------------------------------------------------------
The case styled as Latonya Jackson, Individually and on behalf of
all others similarly situated v. Koninklijke Philips N.V., Philips
North America LLC, Philips Holdings USA, Inc., Philips RS North
America LLC, Case No. 3:21-cv-02817 was removed from the United
States District Court for the Northern District of Texas, to the
United States District Court for the Western District of
Pennsylvania on Nov. 30, 2021.
The District Court Clerk assigned Case No. 2:21-cv-01737-JFC to the
proceeding.
The nature of suit is stated as Contract Product Liability.
Koninklijke Philips N.V. -- https://www.philips.com/global -- is a
Dutch multinational conglomerate corporation that was founded in
Eindhoven.[BN]
The Plaintiff is represented by:
Dennis Damonn Spurling, Esq.
DENNIS SPURLING PLLC ATTORNEYS AT LAW
3003 S Loop West, Suite 400
Houston, TX 77054-1374
Phone: (713) 229-0770
Fax: (713) 229-8444
Email: ddspurling@dennisspurling.com
MANGO GROCERY: Faces Martines Wage-and-Hour Suit in S.D. New York
-----------------------------------------------------------------
RAMONA YESSENIA TEJEDA MARTINES, on behalf of themselves and all
other persons similarly situated, Plaintiff v. MANGO GROCERY & MEAT
MARKET CORP., DAVID ORTIZ, and SANDY ORTIZ, Defendants, Case No.
1:21-cv-10553 (S.D.N.Y., December 9, 2021) arises from the
Defendants' violations of the Fair Labor Standards Act, the New
York Labor Law, and the New York Wage Theft Prevention Act.
The complaint alleges the failure of the Defendants to pay
Plaintiff and class members the statutory minimum wage and overtime
pay for hours worked over 40 per week, and provide proper wage
statements and wage notices.
The Plaintiff was employed by the Defendants as a food preparer
from May 22, 2018 until November 12, 2021.
Mango Grocery & Meat Market Corp. owns, operates, and does business
as grocery store/restaurant in Bronx, New York.[BN]
The Plaintiff is represented by:
Clifford Tucker, Esq.
SACCO & FILLAS, LLP
31-19 Newtown Avenue Seventh Floor
Astoria, NY 11102
Telephone: (718) 269-2243
E-mail: CTucker@SaccoFillas.com
MASTERCARD INC: Anderson Files Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Mastercard Inc. The
case is styled as Carol Anderson, individually and on behalf of all
others similarly situated v. Mastercard Inc., Case No.
7:21-cv-10179-VB (S.D.N.Y., Nov. 30, 2021).
The nature of suit is stated as Other Personal Property.
Mastercard Inc. -- https://www.mastercard.us/en-us.html -- is an
American multinational financial services corporation headquartered
in the Mastercard International Global Headquarters in Purchase,
New York.[BN]
The Plaintiff is represented by:
Thomas Livezey Laughlin, IV, Esq.
SCOTT + SCOTT, Attorneys at Law, LLP
230 Park Avenue, 17th Floor
New York, NY 10169
Phone: (212) 223-6444
Fax: (212) 223-6334
Email: tlaughlin@scott-scott.com
- and -
Arun Gopal Ravindran, Esq.
HEDIN HALL LLP
1395 Brickell Avenue, Suite 1140
Miami, FL 33131
Phone: (305) 203-4573
Email: aravindran@hedinhall.com
MDL 2179: Oil Spill Incident Suit Transferred to E.D. La.
---------------------------------------------------------
In the oil spill incident by the oil rig "Deepwater Horizon" in the
gulf of Mexico on April 20, 2010, Judge Karen K. Caldwell,
Chairperson of the U.S. Judicial Panel on Multidistrict Litigation
transfers Johnson v. BP America Production Company, et. al. (Case
No. 1:21−00312, S.D. Ala.) to the Eastern District of Louisiana
and with the consent of that court, assigned it to Judge Carl J.
Barbier for coordinated or consolidated pretrial proceedings.
Johnson moved to vacate said order that conditionally transferred
her case to the Eastern District of Louisiana for inclusion in MDL
No. 2179. BP opposed the motion.
Johnson argues that, because the transferee court already has
resolved the issue of defendants' liability for the spill, the only
issues remaining in her case are individual, namely, whether
exposure to oil or chemicals from the spill caused her injury and,
if so, the extent of her damages. The panel contends that in the
case of personal injury actions in the MDL such as hers, the
transferee court has established procedures for determining which
of the remaining personal injury claims in the MDL have a
sufficient evidentiary basis to proceed further and should be
remanded, transferred, or assigned to a judge within the Eastern
District of Louisiana for further proceedings. Those procedures
require plaintiffs to provide basic information and documentation
relating to the very issues of specific causation that the
plaintiff identifies as unique to her case. The panel further
contends that until the transferee judge indicates that B3 cases no
longer are required to complete this process, there is no reason to
exempt her action from complying with the pretrial orders
applicable to all other cases.
Actions in the MDL share factual questions arising from the
explosion and fire that destroyed the Deepwater Horizon offshore
drilling rig, and the resulting oil spill. Johnson alleges that she
has suffered personal injuries as a result of exposure to oil and
chemicals released during the oil spill and the cleanup efforts
that followed.
A full-text copy of the Court's December 7, 2021 Transfer Order is
available at https://bit.ly/3Fq7cxL
MDL 2875: Hypertension Meds Row Transferred to D. N.J.
------------------------------------------------------
In the product liability litigation over hypertension medications
Valsartan, Losartan and Irbesartan, Judge Karen K. Caldwell,
Chairperson of the U.S. Judicial Panel on Multidistrict Litigation
transfers case docketed Ulysses Hall v. Torrent Pharma, Inc. et.
al., (Case No. 2:21-00357, S.D. Al.) to U.S. District Court of New
Jersey and, with the consent of that court, assigned it to Robert
B. Kugler for inclusion in the coordinated or consolidated pretrial
proceedings.
Hall moved to vacate the order conditionally transferring the
action to MDL No. 2875. Said actions involve common factual
questions arising from allegations that generic formulations of
valsartan, losartan, and irbesartan contain nitrosamine impurities
and that the nitrosamines present a risk of cancer and other
injuries. Hall principally argued that that her action was
improperly removed and that the transfer will be inconvenient and
impose an undue hardship. However, the panel has held that such
jurisdictional objections generally do not present an impediment to
transfer and that Hall's motion for remand to state court recently
was denied by the transferor court, undercutting the basis for her
objection to transfer and that the overall interests of convenience
and efficiency will be served by transfer, as the action shares
significant factual questions with the actions in the MDL, and
likely will benefit from the common discovery.
A full-text copy of the Court's December 6, 2021 order is available
at https://bit.ly/3ppv4MI
MDL 2913: JUUL Labs Product Suit Transferred to N.D. Cal.
---------------------------------------------------------
In the case captioned In Re: JUUL Labs, Inc., Marketing, Sales
Practices and Products Liability Litigation, MDL No. 2913,
Chairperson Karen K. Caldwell of the U.S. Judicial Panel on
Multidistrict Litigation has entered an order transferring Percella
v. Juul Labs, Inc. et. al. (Case No. 2:21−16543, D. N.J.) to the
Northern District of California and assigned to Judge William H.
Orrick III for inclusion in the coordinated or consolidated
pretrial proceedings.
Plaintiff in the Percella action moves to vacate the panel's order
conditionally transferring her action to MDL No. 2913 while Juul
Labs opposed the motion.
Said action alleges that JUUL has marketed its nicotine delivery
products in a manner designed to attract minors, its marketing
misrepresents or omits that JUUL products are more potent and
addictive than cigarettes and JUUL products are defective and
unreasonably dangerous due to their attractiveness to minors and
promotes nicotine addiction.
The panel says that these actions involve common questions of fact
with the actions previously transferred to MDL No. 2913 and that
transfer will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation.
Plaintiff argues that his case involves different questions of fact
than the MDL litigation because he did not use JUUL products as a
minor, does not allege that he suffers from nicotine addiction, and
claims that his injuries resulted from various toxic ingredients in
JUUL products other than nicotine, such as Vitamin E Acetate,
Tetrahydrocannabinol, and MCT Oil and that his action should not be
transferred because he will be inconvenienced and because he
challenges federal jurisdiction and seeks remand to state court.
The panel, however, ruled that any inconvenience to plaintiff is
not an obstacle to transfer where it is necessary to further the
expeditious resolution of the litigation taken as a whole.
A full-text copy of the Court's December 7, 2021 Transfer Order is
available at https://bit.ly/3Jfx4yT
MERCEDES-BENZ: Lewis Must File Class Cert. Bid by April 25, 2022
----------------------------------------------------------------
In the class action lawsuit captioned as Lewis, et al., v.
Mercedes-Benz USA, LLC, et al., Case No. 9:19-cv-81220 (S.D. Fla.),
the Hon. Judge Rodolfo A Ruiz, II entered an order granting the
Plaintiff's unopposed motion to extend the briefing schedule for
class certification as follows:
-- The Plaintiff shall file its motion April 25, 2022
for class certification:
-- The Defendants shall file any June 22, 2022
opposition to class certification:
-- The Plaintiff shall file a reply July 19, 2022:
brief in support of the motion
for class certification.
-- The parties shall exchange expert August 3, 2022:
witness summaries or reports:
-- The parties shall exchange rebuttal August 17, 2022:
expert witness summaries or reports:
-- All discovery, including expert August 31, 2022
discovery, shall be completed:
-- The parties shall file all Sept. 14, 2022
pre-trial motions, including motions
for summary judgment, and Daubert
motions:
The suit alleges violation of the Magnuson-Moss Warranty Act.
Mercedes-Benz USA is the distributor for passenger cars of Daimler
AG in the United States located in Sandy Springs, Georgia, USA.[CC]
METROPOLITAN POLICE: Class Cert. Hearing Vacated in ADA Suit
------------------------------------------------------------
In the class action lawsuit captioned as PAPPAS v. METROPOLITAN
POLICE DEPARTMENT OF THE DISTRICT OF COLUMBIA, et al., Case No.
1:19-cv-02800 (D.D.C.), the Hon. Judge Rudolph Contreras entered an
order on motion for extension of time to complete discovery
set/reset deadlines/hearings.
The class certification motion hearing currently scheduled for
March 14, 2022 at 10:00 is vacated to be rescheduled at a later
date, says Judge Contreras.
The suit alleges violation of the Americans with Disabilities Act
of 1990.
The Metropolitan Police Department of the District of Columbia,
more commonly known as the Metropolitan Police Department and the
DC Police, is the primary law enforcement agency for the District
of Columbia, in the United States.[CC]
MIDLAND FUNDING: Couturier FCRA Suit Removed to E.D. Washington
---------------------------------------------------------------
The case styled as Donna Couturier, on behalf of herself and all
those similarly situated v. Midland Funding LLC, Case No.
21-202322-32, was removed from the Superior Court of Spokane
County, to the U.S. District Court for the Eastern District of
Washington on Dec. 10, 2021.
The District Court Clerk assigned Case No. 2:21-cv-00342-SMJ to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Midland Funding, LLC -- https://www.midlandfunding.com/ -- is one
of the nation's largest owners of unpaid debts. Midland Funding
owns accounts that have been charged off by the original
lender.[BN]
The Plaintiff is represented by:
Kirk D. Miller, Esq.
KIRK D. MILLER PS
421 West Riverside Avenue, Suite 660
Spokane, WA 99201
Phone: (509) 413-1494
Fax: (509) 413-1724
Email: kmiller@millerlawspokane.com
The Defendants is represented by:
Garrett Garfield, Esq.
Dayna E Underhill, Esq.
HOLLAND & KNIGHT LLP
601 SW Second Avenue, Suite 1800
Portland, OR 97204
Phone: (503) 243-2300
Email: dayna.underhill@hklaw.com
MRS BPO: Quintana Files FDCPA Suit in D. New Mexico
---------------------------------------------------
A class action lawsuit has been filed against MRS BPO, LLC. The
case is styled as Stephen Quintana, on behalf of himself and all
other similarly situated v. MRS BPO, LLC, Case No.
1:21-cv-01176-KK-CG (D.N.M., Dec. 10, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
MRS BPO -- http://www.mrsbpo.com/-- is a full service accounts
receivable management (ARM) firm.[BN]
The Plaintiff is represented by:
Russell Thompson, IV, Esq.
THOMPSON CONSUMER LAW GROUP, PC
11445 E Via Linda, Ste. 2, Ste PMB #492
Scottsdale, AZ 85259
Phone: (602) 388-8898
Email: rthompson@thompsonconsumerlaw.com
MUSICTODAY II LLC: Ortega Sues Over Non-Blind-Friendly Website
--------------------------------------------------------------
Juan Ortega, on behalf of himself and all others similarly
situated, Plaintiff, v. Musictoday II, LLC, Defendants, Case No.
21-cv-10295, (S.D. N.Y., December 2, 2021), seeks preliminary
and0020permanent injunction, compensatory, statutory and punitive
damages and fines, prejudgment and post-judgment interest, costs
and expenses of this action together with reasonable attorneys' and
expert fees and such other and further relief under the Americans
with Disabilities Act and New York City Human Rights Law.
Musictoday is an online merchandise retail company that owns and
operates the website shop.asapferg.com offering American rapper
"A$ap Ferg" merchandise that it delivers throughout the United
States, including New York State. Ortega claims that its website
cannot be accessed by the visually-impaired. He is legally blind
and claims that said website. [BN]
Plaintiff is represented by:
Jonathan P. Rubin, Esq.
LAW OFFICE OF JONATHAN P. RUBIN, PLLC
3000 Marcus Ave. Suite 1E5
Lake Success, NY 11042
Telephone: (516) 918-9347
Email: jprubinesq@gmail.com
NATIONAL GENERAL: Filing for Class Cert. Bid Due Jan. 14, 2022
--------------------------------------------------------------
In the class action lawsuit captioned as MSP Recovery Claims Series
LLC, et al., v. National General Assurance Company, et al., Case
No. 1:20-cv-24051 (S.D. Fla.), the Hon. Judge Aileen M. Cannon
entered an order directing the Plaintiffs to file their motion for
class certification on or before January 14, 2022.
However, the Plaintiffs are directed to file their motion for class
certification only after the deposition of Michael Arrigo is
completed, says Judge Cannon.
The nature of suit states other statutory actions.
The National General operates as an insurance firm.[CC]
NOKIA OF AMERICA: Seibert Sues Over Breach of Fiduciary Duties
--------------------------------------------------------------
PAUL M. SEIBERT, THOMAS F. SOLURY, DANA MOLINEAUX, HENRY WORCESTER,
STEPHANIE SCHNEPP, JOHN STRONG, JR. AND SCOTT C. ALLEN,
individually and on behalf of all others similarly situated,
Plaintiffs v. NOKIA OF AMERICA CORPORATION, THE BOARD OF DIRECTORS
OF NOKIA OF AMERICA CORPORATION, NOKIA 401(K) COMMITTEE and JOHN
DOES 1-30, Defendants, Case No. 2:21-cv-20478 (D.N.J., December 13,
2021) is a class action brought pursuant to the Employee Retirement
Income Security Act of 1974 against the Nokia Savings/401(k) Plan's
fiduciaries, which include Nokia of America Corporation, its board
of directors, and its members during the Class Period, from
December 13, 2015 through the date of judgment, and the Nokia
401(k) Committee and its members during the Class Period for
breaches of their fiduciary duties.
The Plaintiffs allege that during the putative Class Period,
Defendants, as "fiduciaries" of the Plan, as that term is defined
under ERISA Section 3(21)(A), 29 U.S.C. Section 1002(21)(A),
breached the duties they owed to the Plan, to Plaintiffs, and to
the other participants of the Plan by, inter alia, (1) failing to
objectively and adequately review the Plan's investment portfolio
with due care to ensure that each investment option was prudent, in
terms of cost; and (2) failing to control the Plan's recordkeeping
costs.
The Plaintiffs participated in the Plan investing in the options
offered by the Plan and was subject to the excessive administration
and recordkeeping costs as alleged.
Nokia of America Corporation is a company that designs and delivers
communication services and software solutions.
The Plaintiffs are represented by:
Mark K. Gyandoh, Esq.
Gabrielle P. Kelerchian, Esq.
CAPOZZI ADLER, P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
Facsimile: (717) 233-4103
E-mail: markg@capozziadler.com
- and -
Donald R. Reavey, Esq.
CAPOZZI ADLER, P.C.
2933 North Front Street
Harrisburg, PA 17110
Telephone: (717) 233-4101
Facsimile: (717) 233-4103
E-mail: donr@capozziadler.com
NORTHSTAR LOCATION: Rottenberg Files FDCPA Suit in S.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Northstar Location
Services, LLC, et al. The case is styled as Simon Rottenberg,
individually and on behalf of all others similarly situated v.
Northstar Location Services, LLC, John Does 1-25, Case No.
7:21-cv-10569 (S.D.N.Y., Dec. 10, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
The Northstar Companies -- https://www.gotonls.com/ -- provides a
full-service receivables debt collection solution.[BN]
The Plaintiff is represented by:
Raphael Deutsch, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: rdeutsch@steinsakslegal.com
PAPER MART: Weekes Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Paper Mart, Inc. The
case is styled as Robert Weekes, individually, and on behalf of all
others similarly situated v. Paper Mart, Inc., Case No.
1:21-cv-10582 (S.D.N.Y., Dec. 10, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Paper Mart -- http://www.papermartinc.com/-- is one of the most
trusted paper and envelope specialists in the US.[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
PETER BLAKE GALLERIES: Murphy Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Peter Blake Galleries
Inc.. The case is styled as James Murphy, for himself and on behalf
of all other persons similarly situated v. Peter Blake Galleries
Inc., Case No. 1:21-cv-10568-MKV (S.D.N.Y., Dec. 10, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Peter Blake Gallery -- https://www.peterblakegallery.com/ --
has been a definitive source for modern and contemporary art since
1993.[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
PROCTER & GAMBLE: Quinones Sues Over Products Containing Benzene
----------------------------------------------------------------
Gloria Quinones, individually, and on behalf of all others
similarly situated v. THE PROCTER & GAMBLE COMPANY, an Ohio
Corporation, Case No. 2:21-cv-09595 (C.D. Cal., Dec. 10, 2021), is
brought on behalf similarly situated who purchased certain aerosol
antiperspirant sprays manufactured, sold and distributed by
Defendant which contained adulterated benzene, a known human
carcinogen.
The Defendant distributes, markets and sells several
over-the-counter aerosol antiperspirant products sold under the
brand names "Old Spice" and "Secret" ("Aerosol Antiperspirant
Products"). Several of Defendant's Aerosol Antiperspirant Products
sold under these brand names have been independently tested and
shown to be adulterated with benzene, a known human carcinogen. The
presence of benzene in Defendant's Aerosol Antiperspirant Products
was not disclosed in the products' label, in violation of state and
federal law. Plaintiff and the putative class suffered economic
damages due to Defendant's misconduct and they seek injunctive
relief and restitution for the full purchase price of the Aerosol
Antiperspirant Products they purchased.
Based on the false and misleading claims by Defendant, the
Plaintiff was unaware that Defendant's Aerosol Antiperspirant
Products may be adulterated with benzene. The Plaintiff purchased
the Defendant's Aerosol Antiperspirant Products on the assumption
that the labeling of the Defendant's Aerosol Antiperspirant
Products was accurate and that the products were unadulterated,
safe and effective. The Plaintiff would not have purchased
Defendant's Aerosol Antiperspirant Products had she known there was
a risk the products may contain benzene, a known human carcinogen.
As a result, the Plaintiff suffered injury in fact when she spent
money to purchase products she would not otherwise have purchased
absent Defendant's misconduct, says the complaint.
The Plaintiff purchased Secret Antiperspirant/Deodorant Powder
Fresh Aerosol Spray from various retailers in California.
The Procter & Gamble Company is the world's leading brands of skin
care, hair care and cosmetics.[BN]
The Plaintiff is represented by:
Gillian L. Wade, Esq.
Sara D. Avila, Esq.
Marc A. Castaneda, Esq.
MILSTEIN JACKSON FAIRCHILD & WADE, LLP
10990 Wilshire Blvd., 8th Floor
Los Angeles, CA 90024
Phone: (310) 396-9600
Fax: (310) 396-9635
Email: gwade@mjfwlaw.com
savila@mjfwlaw.com
mcastaneda@mjfwlaw.com
QRS INC: Hunter Files Suit in E.D. Tennessee
--------------------------------------------
A class action lawsuit has been filed against QRS, Inc. The case is
styled as Linda B. Hunter, individually and on behalf of all
similarly situated persons v. QRS, Inc., Case No.
3:21-cv-00407-JRG-DCP (E.D. Tenn., Nov. 30, 2021).
The nature of suit is stated as Other P.I. for Personal Injury.
QRS INC. -- https://www.qrshs.com/ -- was founded in 1983 to help
providers become profitable and to support them in their goals of
better healthcare for their patients.[BN]
The Plaintiff is represented by:
David K Lietz, Esq.
COALE, COOLEY, LIETZ, MCINERNY & BROADUS, PC
818 Connecticut Avenue, NW, Suite 857
Washington, DC 20006
- and -
Gary M. Klinger, Esq.
MASON LIETZ & KLINGER LLP (Chicago)
227 W Monroe St., Ste. 2100
Chicago, IL 60606
Phone: (312) 283-3814
Fax: (773) 496-8617
Email: gmason@masonllp.com
- and -
Gary E Mason, Esq.
MASON LIETZ & KLINGER LLP
5101 Wisconsin Avenue NW, Suite 305
Washington, DC 20016
Phone: (202) 429-2290
Fax: (202) 429-2294
Email: gmason@masonllp.com
- and -
John T Spragens, Esq.
SPRAGENS LAW PLC
311 22nd Ave. N.
Nashville, TN 37203
Phone: (615) 983-8900
Email: john@spragenslaw.com
RALEY'S: Dempsey Wage-and-Hour Suit Removed to E.D. California
--------------------------------------------------------------
The case styled JOYCE DEMPSEY, individually and on behalf of all
others similarly situated v. RALEY'S and DOES 1 through 100, Case
No. CV2021-1532, was removed from the Superior Court of the State
of California for the County of Yolo to the U.S. District Court for
the Eastern District of California on December 13, 2021.
The Clerk of Court for the Eastern District of California assigned
Case No. 2:21-cv-02300-KJM-DB to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code including unpaid overtime, unpaid meal period premiums, unpaid
rest period premiums, unpaid minimum wages, final wages not timely
paid, wages not timely paid during employment, non-compliant wage
statements, failure to keep requisite payroll records, unreimbursed
business expenses, and unfair business practices.
Raley's is a supermarket company based in West Sacramento,
California. [BN]
The Defendant is represented by:
Jon D. Meer, Esq.
Justin J. Jackson, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Telephone: (310) 277-7200
Facsimile: (310) 201-5219
E-mail: jmeer@seyfarth.com
jujackson@seyfarth.com
REYNOLDS TOWING: Fails to Provide Proper Wages, Stryska Suit Says
-----------------------------------------------------------------
THOMAS STRYSKA, Plaintiff v. REYNOLDS TOWING AND MARINE SERVICE,
INC. D/B/A REYNOLDS TOWING COMPANY AND MARINE SERVICE AND JAMES
REYNOLDS, Defendants, Case No. 2:21-cv-06880 (E.D.N.Y., December
13, 2021) is a class action brought by plaintiff pursuant to the
Fair Labor Standards Act and the New York Labor Law, on behalf of
himself, and all others similarly situated, to seek redress for the
systematic failure of the defendants to provide the required
overtimes wages and spread of hour wages and for the failure to
provide wage payment statements and wage theft prevention act
notifications.
The plaintiff worked for the defendants in various capacities
including dispatching, marketing and maintenance at their boat
towing service and shipyard located in Bayshore, New York, in the
County of Suffolk, from April 9, 2016 through January of 2020.
Reynolds Towing and Marine Service, Inc., d/b/a Reynolds Towing
Company and Marine Service, is a boat towing company in Suffolk
County in Bayshore, New York.
The plaintiff is represented by:
Laura R. Reznick, Esq.
BELL LAW GROUP, PLLC
100 Quentin Roosevelt Boulevard, Suite 208
Garden City, NY 11530
Telephone: (516) 280-3008
E-mail: lr@belllg.com
SOUTHWEST AIRLINES: Magadan Labor Suit Goes to N.D. California
--------------------------------------------------------------
The case styled CHRISTIAN MAGADAN, individually and on behalf of
all others similarly situated v. SOUTHWEST AIRLINES CO. and DOES 1
through 50, inclusive, Case No. 21CV387707, was removed from the
Superior Court of the State of California in and for the County of
Santa Clara to the U.S. District Court for the Northern District of
California on December 13, 2021.
The Clerk of Court for the Northern District of California assigned
Case No. 3:21-cv-09604 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Government Code, the California Public Policy, and the
California Business and Professions Code including race
discrimination, sex discrimination, sexual orientation
discrimination, failure to take all reasonable steps to prevent
discrimination, wrongful termination, intentional infliction of
emotional distress, and unfair business practices.
Southwest Airlines Co. is an airline company, with its principal
place of business located in Dallas, Texas. [BN]
The Defendant is represented by:
Marcie Isom Fitzsimmons, Esq.
Neda Hefzi, Esq.
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 875-4131
Facsimile: (415) 986-8054
E-mail: misom@grsm.com
nhefzi@grsm.com
T & R PIZZA: Bowman Sues Over Unreimbursed Automobile Expenses
--------------------------------------------------------------
DARION BOWMAN, individually and on behalf of all others similarly
situated, Plaintiff v. T & R PIZZA, INC. d/b/a DOMINO'S PIZZA,
Defendant, Case No. 2:21-cv-12906-TGB-APP (E.D. Mich., December 13,
2021) is a class action against the Defendant for its failure to
reimburse the Plaintiff and similarly situated delivery drivers for
their automobile expenses while delivering pizza and other food
items in violation of the Fair Labor Standards Act and the Michigan
Workforce Opportunity Wage Act.
The Plaintiff was employed as a delivery driver at the Defendant's
Domino's Pizza store located in Lapeer, Michigan from approximately
June 2021 to July 2021.
T & R Pizza, Inc., doing business as Domino's Pizza, is an operator
of Domino's Pizza franchise stores, with its principal place of
business at 10400 Milford Rd., Holly, Michigan. [BN]
The Plaintiff is represented by:
Michael Hanna, Esq.
MORGAN & MORGAN, P.A.
2000 Towne Center, Suite 1900
Southfield, MI 48075
Telephone: (313) 739-1950
Facsimile: (313) 739-1975
E-mail: mhanna@forthepeople.com
- and –
C. Ryan Morgan, Esq.
Jolie N. Pavlos, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 15th Floor
P.O. Box 4979
Orlando, FL 32802-4979
Telephone: (407) 420-1414
Facsimile: (407) 245-3401
E-mail: RMorgan@forthepeople.com
TBJK CORP: Faces Ruiz-Rios Suit Over Food Runners' Unpaid Wages
---------------------------------------------------------------
AXEL DANILO RUIZ-RIOS, on behalf of himself and others similarly
situated, Plaintiff v. TBJK CORP. d/b/a MIDORI SUSHI & STEAKHOUSE,
JACKEY CHEN, and ROBERT LAM, Defendants, Case No. 2:21-cv-06866
(E.D.N.Y., December 13, 2021) seeks to recover from the defendants
unpaid overtime compensation, liquidated and statutory damages,
pre-judgment and post-judgment interests, and attorneys' fees and
costs pursuant to the Fair Labor Standards Act, the New York Labor
Law, and the New York State Wage Theft Prevention Act.
The plaintiff was employed at the defendants' restaurant as a
non-exempt food runner from March 2018 to March 15, 2020.
TBJK Corp. owns and operates a Japanese restaurant, doing business
as "Midori Sushi & Steakhouse," located in Mount Sinai, New York.
The Plaintiff is represented by:
Giustino "Justin" Cilenti, Esq.
CILENTI & COOPER, PLLC
200 Park A venue - 17th Floor
New York, NY 10166
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
UNION PACIFIC: Faces Smithson Suit Over Discriminatory Practices
----------------------------------------------------------------
JIMMY SMITHSON, Plaintiff v. UNION PACIFIC RAILROAD COMPANY, a
Delaware Corporation, Defendant, Case No. 5:21-cv-01225 (W.D. Tex.,
December 13, 2021) is a class action brought by the plaintiff, on
behalf of six named plaintiffs and those similarly situated,
against defendant for damages resulting from its alleged violation
of the Americans with Disabilities Act.
According to the complaint, Union Pacific enforces a company-wide
fitness-for-duty program, through which the company imposes a
blanket policy automatically removing from service employees who
disclose or who the company suspects have certain health
conditions. Union Pacific then allegedly subjects employees whom it
removes from service to a Fitness-for-Duty evaluation. The company
applies this policy regardless of whether the employee has been
safely performing the essential functions of their job. Union
Pacific's evaluations do not assess whether an employee is capable
of safely or effectively performing their work, added the suit.
In February 2016, several Union Pacific employees commenced a class
action disability discrimination lawsuit against the company,
alleging that its Fitness-for-Duty policies and practices
constituted a pattern and practice of discrimination under the ADA,
Quinton Harris et. al. v. Union Pacific Railroad Company, Case No.
8:16-cv-381 (D. Neb.). The Harris-plaintiff's allegations "clearly
encompass vision testing as it is included in the FFD program."
Mr. Smithson is a victim of the same discriminatory
Fitness-for-Duty policies and practices alleged in Harris. Despite
being qualified and safely performing his job without incident,
Smithson was removed from service for a Fitness-for-Duty evaluation
and excluded from work at Union Pacific on the basis of his real or
perceived disability, which regards his ability to see color.
Smithson was a putative class member in Harris, and now timely
brings this action.
Smithson, who resides in Windcrest, Texas, is an individual with a
disability, as that term is defined under the ADA, who, at all
times material to this lawsuit, was employed by Union Pacific in
the state of Texas.
Union Pacific is a railroad carrier engaged in interstate
commerce.
The plaintiff is represented by:
Anthony S. Petru, Esq.
Gavin S. Barney, Esq.
HILDEBRAND, McLEOD & NELSON LLP
350 Frank H. Ogawa Plaza, 4th Floor
Oakland, CA 94612
Telephone: (510) 451-6732
Facsimile: (510) 465-7023
E-mail: petru@hmnlaw.com
barney@hmnlaw.com
- and -
James H. Kaster, Esq.
Lucas J. Kaster, Esq.
NICHOLS KASTER, PLLP
80 South Eighth Street
4600 IDS Center
Minneapolis, MN 55402-2242
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: kaster@nka.com
lkaster@nka.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2021. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***