/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/220106.mbx C L A S S A C T I O N R E P O R T E R Thursday, January 6, 2022, Vol. 24, No. -1 Headlines 189 CHRYSTIE: Bussers Slam Tip Pool, Seeks Proper Wages 476 K LLC: Goodman Suit Seeks Minimum Wages, Overtime Under FLSA 7-ELEVEN INC: Amaral Files Suit in Cal. Super. Ct. AGILIS ENGINEERING: Renteria Hits Employee Non-Poaching Policy AMAZON.COM SERVICES: Barrera Suit Removed to C.D. California AMERICAN SOCIETY: Baker Suit Transferred to S.D. New York AMRESORTS LP: Andrews Files TCPA Suit in C.D. California ASH & KE CARE: Victor Sues Over Unpaid Wages and Retaliation ASHRAF PATEL: Dent Sues to Recover Unpaid Overtime Premiums BANK OF AMERICA: AMA Appeals Ruling Denying Claim in Contant Suit BJ'S RESTAURANTS: Flores' Suit Slams Tip Pool, Seeks Minimum Pay BNSF RAILWAY: Sayson Suit Removed to C.D. California CAPITAL ONE: Mismanaged Employees' Fund, Morales Suit Says CAPITAL PLUS: Greathouse Files FLSA Suit in E.D. New York CHRIS CHAMBERLAIN: Burdiss Files Suit in E.D. Missouri COMCAST CABLE: Aweau Suit Removed From Com. Pleas to E.D. Penn. COMFORT SYSTEMS: Fails to Pay Proper OT to Welders, Martin Says ENGELHARDT & CO: Colceriu Appeals Class Suit Dismissal to 11th Cir. ESTENSON LOGISTICS: Buford Suit Removed from State Ct. to C.D. Cal. GEICO CHOICE: Appeals Remand of Tomblin Suit to State Court GENTEX CORPORATION: Website Inaccessible to Blind, Contreras Says HARTFORD FINANCIAL: Kuhen Appeals Insurance Suit Dismissal INSTADOSE PHARMA: Deluca Slams Share Drop from Shady Merger JUUL LABS: E-Cigarette Ads Target Youth, Rome City School Says JUUL LABS: Entices Youth to Buy E-Cigarette, Sidney Central Claims JUUL LABS: Faces Dansville Suit Over Youth E-Cigarette Crisis JUUL LABS: Faces Triway Local Suit Over Youth E-Cigarette Marketing JUUL LABS: Greece Central Sues Over Youth Health Crisis in N.Y. JUUL LABS: Jackson County Sues Over Deceptive E-Cigarette Youth Ads JUUL LABS: Marathon Central Sues Over E-Cigarette Campaign to Youth JUUL LABS: Markets E-Cigarette to Youth, Otselic Valley Alleges JUUL LABS: Ontonagon Area Sues Over Youth's E-Cigarette Addiction JUUL LABS: Sackets Harbor Sues Over E-Cigarette Use Among Youth JUUL LABS: Sodus Central Sues Over E-Cigarette Epidemic in N.Y. JUUL LABS: Triggers E-Cigarette Youth Crisis, Lyons Central Claims JUUL LABS: Victor Central Sues Over E-Cigarette's Risks to Youth JUUL LABS: Williamson Central Sues Over E-Cigarette Crisis in N.Y. KE HOLDINGS: Chin Slams Share Drop from Overstated Figures L&L NEW: Chen Seeks Minimum Wages, OT for Delivery Men Under FLSA LG ENERGY: Charlton Suit Removed to S.D. California LIFE PROTECT: Faces Honiball TCPA Suit Over Telemarketing Calls LIFELONG MEDICAL: Cowan Suit Removed to N.D. California LIFESTONE LLC: Duncan Files ADA Suit in S.D. New York META PLATFORMS: Faces Hill Suit Over Harvesting of Minors Images MIDLAND CREDIT: Higdon Files FDCPA Suit in E.D. California MIDLAND CREDIT: Saiz Files FDCPA Suit in D. Colorado MPI LABEL: Lucas Sues Over Production Staff's Unpaid Overtime NISSAN NORTH AMERICA: Martinez Files Suit in S.D. California PRIORITY PAYMENT: Braids R Us Suit Removed to N.D. Georgia PROCTER & GAMBLE: Clay Files Suit in S.D. New York PRUDENTIAL FINANCIAL: Dowe Seeks Review of FINRA Arbitration Order QRS INC: Lee Files Suit in E.D. Tennessee QUEST DIAGNOSTICS: Vargas Appeals Class Cert. Ruling in ADA Suit QUEST GLOBAL: McIsaac Hits Employee Non-Poaching Policy RANDSTAD US: Harrell Employment Suit Removed to N.D. California REDWIRE CORP: Faces Lemen Suit Over 8.3% Share Price Drop RESURGENT CAPITAL: Adkins Files FDCPA Suit in C.D. California RESURGENT CAPITAL: Richards Files FDCPA Suit in E.D. California RUANE CUNIFF: DuCharme Appeals Ruling in Ferguson ERISA Suit SC JOHNSON: Ziploc's Protection Claim "Misleading," Says Brown Suit SMARTSTART EMPLOYMENT: Paolilli Files Suit in Cal. Super. Ct. STATE FARM: Geist Appeals Insurance Contract Suit Dismissal T-MOBILE USA: Lang Suit Transferred to W.D. Missouri T-MOBILE USA: Palomino Suit Transferred to W.D. Missouri T-MOBILE USA: Peralta Suit Transferred to W.D. Missouri T-MOBILE USA: Schupler Suit Transferred to W.D. Missouri T-MOBILE USA: Shanmukh Suit Transferred to W.D. Missouri TRILLER INC: Wilson Slams Biometrics Retention Policy TRINITY DRYWALL: Workers Slam Misclassification UNITED HEALTH: Curry Files Suit in Cal. Super. Ct. VAN'S INTERNATIONAL: Brown Disputes Protein Content in Waffle Mix VIKY FURNITURE: Hernandez Seeks Unpaid Wages & OT Under FLSA, NYLL WBQ USA: Tenzer-Fuchs Files ADA Suit in E.D. New York WHOLE FOODS: Faces Jacobs Suit Over Misleading Rice Packaging WILLIAMSBURG ELECTRIC: Garcia Files FLSA Suit in E.D. New York YOUNG'S COMMERCIAL: Martin Files Suit in Cal. Super. Ct. ********* 189 CHRYSTIE: Bussers Slam Tip Pool, Seeks Proper Wages ------------------------------------------------------- Juan Jesus Mata Enriquez and Javal Encarnacion, individually and on behalf of all other persons similarly situated, Plaintiff, v. 189 Chrystie Street Partners LP, Variety Worldwide LLC, Simon Hammerstein and Javier Vivas, Defendant, Case No. 21-cv-11195 (S.D. N.Y., December 30, 2021), seeks to recover unpaid minimum wages, redress for unlawful retention of gratuities and unlawful deductions from wages, interest, attorneys' fees and costs under the Fair Labor Standards Act and New York labor law. Defendants own, operate and manage "The Box," a club that features nightly shows that combine music, theater, burlesque and erotica. Enriquez and Encarnacion worked as bussers from the beginning of 2010 to March 15, 2020. Both claim to be paid less than the minimum wage and Defendants utilized the tip credit to meet its minimum wage obligation to its tipped workers. However, they were also required to perform non-tipped work while being compensated at the tip credit rate, asserts the complaint. [BN] Plaintiff is represented by: Douglas B. Lipsky, Esq. Sara J. Isaacson, Esq. LIPSKY LOWE LLP 420 Lexington Avenue, Suite 180 New York, NY 10170-1830 Tel: (212) 392-4772 Fax: (212) 444-1030 Email: doug@lipskylowe.com sara@lipskylowe.com 476 K LLC: Goodman Suit Seeks Minimum Wages, Overtime Under FLSA ---------------------------------------------------------------- SARAIAH GOODMAN, BERNIS YUKSEKGONULK, and BEVERLY FLETCHER Individually and on behalf of all others similarly situated v. 476 K, LLC dba CLOAKROOM, ANTONIOS CAVASILIOS and ANDRE de MOYA, Case No. 1:21-cv-03383 (D.D.C., Dec. 30, 2021) alleges that the Defendants evade the mandatory minimum wage and overtime provisions of the Fair Labor Standards Act, illegally absconding with Plaintiff's tips and demanding illegal kickbacks including in the form of "House Fees." These causes of action arise from Defendants' alleged willful actions while Plaintiffs were employed by Defendants in the three (3) year period prior to the filing of this Complaint. During their time being employed by the Defendants, the Plaintiffs were denied minimum wage payments and denied overtime as part of Defendants' scheme to classify Plaintiffs and other dancers/entertainers as "independent contractors," says the suit. The Defendants operate an adult-oriented entertainment facility located at 476 K Street, NW, Washington, D.C.[BN] The Plaintiffs are represented by: John Kristensen, Esq. CARPENTER & ZUCKERMAN 8827 W. Olympic Boulevard Beverly Hills, CA 90211 Telephone: (310) 273-1230 Facsimile: (310) 858-1063 E-mail: kristensen@cz.law 7-ELEVEN INC: Amaral Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against 7-Eleven, Inc., et al. The case is styled as Tony J. Amaral, individually and on behalf of himself and all others similarly situated v. 7-Eleven, Inc., Does 1-50 Inclusive, Case No. CGC21597349 (Cal. Super. Ct., San Francisco Cty., Dec. 29, 2021). The case type is stated as "Other Non-Exempt Complaints." 7-Eleven, Inc. -- https://corp.7-eleven.com/corp/home -- is an American chain of convenience stores, headquartered in Dallas in the U.S. state of Texas.[BN] The Plaintiff is represented by: Christina M. Lucio, Esq. FARNAES & LUCIO, APC 2235 Encinitas Blvd, Suite 210 Encinitas, CA 92024 Phone: 760-942-9430 Email: clucio@farnaeslaw.com AGILIS ENGINEERING: Renteria Hits Employee Non-Poaching Policy -------------------------------------------------------------- Juan Renteria, individually and on behalf of all others similarly situated, Plaintiff, v. Agilis Engineering, Inc., Quest Global Services-NA, Inc., Belcan LLC, Cyient, Inc., Parametric Solutions, Inc. and Raytheon Technologies Corporation, Pratt and Whitney Division, Defendants, Case No. 21-cv-01736 (D. Conn., December 31, 2021), seeks damages and injunctive relief for unlawful restraint of competition in the market for the services of skilled professionals in violation of Section 1 of the Sherman Act. Pratt & Whitney, a subsidiary of Raytheon Technologies, is one of the largest aerospace engine design, manufacture and service companies in the United States. Quest Global Services-NA, Inc., Belcan, LLC, Cyient, Inc., Parametric Solutions, Inc. and Agilis, Engineering Inc. are outsource engineering supply companies whose employees performed work for Pratt & Whitney on a project basis. Renteria was employed as an Engineer for Agilis in Florida beginning from September 2016 until August 2018, and at Belcan from January 2019 until April 2020. He alleges that Defendants agreed not to recruit each other's engineers and other skilled workers in the aerospace engineering industry. [BN] Plaintiff is represented by: David S. Golub, Esq. Jonathan M. Levine, Esq. Steven L. Bloch, Esq. Ian W. Sloss, Esq. SILVER GOLUB & TEITELL LLP One Landmark Square, 15th Floor Stamford, CT 06901 Phone: (203) 325-4491 Fax: (203) 325-3769 Email: dgolub@sgtlaw.com jlevine@sgtlaw.com sbloch@sgtlaw.com isloss@sgtlaw.com - and - Eric L. Cramer, Esq. Candice Enders, Esq. Patrick F. Madden, Esq. Michaela L. Wallin, Esq. BERGER MONTAGUE 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Tel: (215) 875-3009 Email: ecramer@bm.net - and - Daniel J. Walker, Esq. BERGER & MONTAGUE, P.C. 2001 Pennsylvania Avenue, NW, Suite 300 Washington, DC 20006 Telephone: (202) 559-9745 Email: dwalker@bm.net AMAZON.COM SERVICES: Barrera Suit Removed to C.D. California ------------------------------------------------------------ The case styled as Cristian Barrera, on behalf of himself and others similarly situated v. Amazon.com Services LLC, a Delaware limited liability company, Case No. 30-02021-01231643, was removed from the California Superior Court, Orange County, to the U.S. District Court for the Central District of California on Dec. 29, 2021. The District Court Clerk assigned Case No. 2:21-cv-09956 to the proceeding. The nature of suit is stated as Other Labor. Amazon Services LLC -- https://www.amazon.com/ -- offers many of the Web service platforms that are Amazon offers.[BN] The Plaintiff appears pro se. The Defendant is represented by: Bradley Joseph Hamburger, Esq. GIBSON DUNN AND CRUTCHER LLP 333 South Grand Avenue Los Angeles, CA 90071 Phone: (213) 229-7000 Fax: (213) 229-7520 Email: bhamburger@gibsondunn.com AMERICAN SOCIETY: Baker Suit Transferred to S.D. New York --------------------------------------------------------- The case styled as Alexander C. Baker, all other similarly situated Songwriters; Adam Bravery LLC, all other similarly situated Royalty Assignees; v. American Society of Composers, Authors and Publishers also known as: ASCAP; Broadcast Music Incorporated also known as: BMI; Unknown Parties named as Does 1-10 Case No. 4:21-cv-00022, was transferred from the U.S. District Court for the District of Arizona, to the U.S. District Court for the Southern District of New York on Dec. 29, 2021. The District Court Clerk assigned Case No. 1:21-cv-11126-JMF to the proceeding. The nature of suit is stated as Other Civil Rights. The American Society of Composers, Authors and Publishers -- https://www.ascap.com/ -- is an American not-for-profit performance-rights organization that protects its members' musical copyrights by monitoring public performances of their music, whether via a broadcast or live performance and compensating them accordingly.[BN] The Plaintiffs are represented by: G. Scott Sobel, Esq. LAW OFFICE OF G. SCOTT SOBEL 1180 S. Beverly Drive, Suite 610 Los Angeles, CA 90035 Phone: (310) 422-7067 Fax: (888) 863-5630 Email: gscottsobel@gmail.com The Defendants are represented by: Andrew Martin Jacobs, Esq. SNELL & WILMER LLP - Tucson, AZ 1 S Church Ave., Ste. 1500 Tucson, AZ 85701-1630 Phone: (520) 882-1200 Fax: (520) 884-1294 Email: AJacobs@swlaw.com - and - Jackson Paul Wagener, Esq. Richard H. Reimer, Esq. ASCAP 250 West 57th St New York, NY 10107 Phone: (212) 621-6018 Email: jwagener@ascap.com rreimer@ascap.com - and - Peter J Rathwell, Esq. SNELL & WILMER LLP - Phoenix, AZ 1 Arizona Center 400 E Van Buren Phoenix, AZ 85004-2202 Phone: (602) 382-6000 Fax: (602) 382-6070 Email: prathwell@swlaw.com - and - AnnMarie Mori, Esq. Russell I Glazer, Esq. TROY GOULD PC 1801 Century Park E, Ste. 1600 Los Angeles, CA 90067 Phone: (310) 789-1204 Fax: (310) 789-1404 Email: amori@troygould.com rglazer@troygould.com AMRESORTS LP: Andrews Files TCPA Suit in C.D. California -------------------------------------------------------- A class action lawsuit has been filed against AMResorts, L.P., et al. The case is styled as James Andrews, Carmen Andrews, individually and on behalf of all others similarly situated v. AMResorts, L.P., ALG Integrated Holdings Corp. doing business as: Apple Leisure Group, DOES 1 through 10, inclusive, Case No. 5:21-cv-02157 (C.D. Cal., Dec. 29, 2021). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. AMResorts -- https://www.amrcollection.com/ -- is the undisputed leader in brand management for hotels in Mexico, Europe and the Caribbean.[BN] The Plaintiffs are represented by: Todd M. Friedman, Esq. LAW OFFICES OF TODD M. FRIEDMAN PC 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Phone: (323) 306-4234 Fax: (866) 633-0228 Email: tfriedman@toddflaw.com ASH & KE CARE: Victor Sues Over Unpaid Wages and Retaliation ------------------------------------------------------------ MARGARETTE VICTOR, Plaintiff v. ASH & KE CARE SERVICES, INC., A Florida Profit Corporation; And CATHIA RENE, individually, Defendants, Case No. CACE-21-022154 (Fla. Cir., 17th Jud., Broward Cty., December 17, 2021) is brought by the Plaintiff, on behalf of herself and other current employees and former employees of Defendants similarly situated, for wage and hour violation and retaliatory discharge pursuant to the Fair Labor Standards Act. The Plaintiff performed non-exempt duties in connection with her employment as a certified nurse assistant for Defendants in Broward County, Florida. Ash & Ke Care Services, Inc. is licensed by the state of Florida to provide homemaker and companion services.[BN] The Plaintiff is represented by: Anthony M. Georges-Pierre, Esq. Max L. Horowitz, Esq. REMER & GEORGES-PIERRE, PLLC Courthouse Tower 44 West Flagler Street, Suite 2200 Miami, FL 33130 Telephone: (305) 416-5000 Facsimile: (305) 416-5005 E-mail: agp@rgpattomeys.com ASHRAF PATEL: Dent Sues to Recover Unpaid Overtime Premiums ----------------------------------------------------------- Robert L. Dent, individually and on behalf of all others similarly situated, Plaintiffs, v. Ashraf Patel, Arif Patel, Abdul Rauf, Ashraf Muhammed, Arfa Patel, Anmol Investment, LLC, Anmol, LLC and Sasta Bazaar, Defendants, Case No. 21-cv-01485 (E.D. Wis., December 30, 2021), seeks to recover straight time pay and overtime pay and redress for failure to timely pay minimum wages pursuant to the Fair Labor Standards Act and Wisconsin law. Defendants jointly operate a restaurant, grocery and nationwide catering where Dent was employed as a butcher and general laborer. Dent regularly worked more than 40 hours per week, butchering of meats, transferring, and prepping of goods for use in the restaurant, grocery store and for catering. He claims to have not received overtime premiums for his hours in excess of 40 per work week. [BN] Plaintiff is represented by: Emmanuel Mamalakis, Esq. 1375 Indianwood Drive Brookfield, WI 53005 Telephone No. (414)403-4366 Email: emama@mamalakislaw.com BANK OF AMERICA: AMA Appeals Ruling Denying Claim in Contant Suit ----------------------------------------------------------------- Claimant AMA Capital Management, LLC filed an appeal from a court ruling entered in the lawsuit entitled JAMES CONTANT, et al., Plaintiffs v. BANK OF AMERICA CORPORATION, et al., Defendants, Case No. 17-cv-3139 (LGS), in the United States District Court for the Southern District of New York. This lawsuit alleges Citigroup, MUFG Bank, Standard Chartered, Societe Generale, Bank of America, Barclays, BNP Paribas, Credit Suisse, Deutsche Bank, Goldman Sachs, HSBC, JPMorgan, Morgan Stanley, RBC, RBS, and UBS (the "Defendants") conspired to fix foreign currency ("FX") instrument prices causing people to be overcharged when purchasing an FX Instrument from an individual or entity and that individual or entity transacted in an FX Instrument directly with a Defendant or one of Defendants' alleged co-conspirators. The Defendants maintain that these claims lack merit. On November 19, 2020, the Court granted final approval of the Settlements. The Defendants assert that the Settlements are not evidence of liability or wrongdoing. As reported in the Class Action Reporter on November 19, 2021, Judge Lorna G. Schofield of the U.S. District Court for the Southern District of New York ordered that Claimant AMA Capital LLC's claims already accepted for payment will be accepted by the Class Counsel and the Claims Administrator for calculating AMA's pro rata award. On Sept. 23, 2021, the Class Counsel filed a letter requesting review of an unresolved dispute with AMA and stating the Class Counsel's position on the dispute. On Oct. 7, 2021, AMA filed a response in opposition. On Oct. 18, 2021, the Class Counsel filed a reply. On Oct. 19, 2021, a group of settling defendants filed a letter requesting an opportunity to be heard if the dispute is resolved based on the appropriate class definition. The Class Counsel advances four reasons for denying AMA's claim: (1) untimeliness, (2) insufficient documentation, (3) failure to meet the class definition, including through purchase of access to a trading platform and use of a prime broker, and (4) the potential for duplicate recovery of claims submitted in the case and in In re Foreign Exchange Benchmark Rates Antitrust Litigation, No. 13 Civ. 7789. The Claimant now takes an appeal from the District Court's post-judgment Order dated November 16, 2021, denying AMA's outstanding claims in this class action, and all preceding orders regarding AMA's claim, including without limitation the Order dated October 29, 2021, granting in part and denying in part certain portions of AMA's claim and requesting further briefing. The appellate case is captioned as Contant v. Bank of America Corporation, Case No. 21-3058, in the United States Court of Appeals for the Second Circuit, filed on December 16, 2021.[BN] Claimant AMA Capital LLC is represented by: Damian R. Cavaleri, Esq. HOGUET NEWMAN REGAL & KENNEY, LLP One Grand Central Place 60 East 42nd Street, 48th Floor New York, NY 10165 Telephone: (212) 689-8808 Facsimile: (212) 689-5101 E-mail: dcavaleri@hnrklaw.com - and - Scott O. Luskin, Esq. PAYNE & FEARS LLP 200 N. Pacific Coast Highway, Suite 825 El Segundo, CA 90245 Telephone: (310) 689-1764 Facsimile: (310) 689-1755 E-mail: SOL@paynefears.com BJ'S RESTAURANTS: Flores' Suit Slams Tip Pool, Seeks Minimum Pay ---------------------------------------------------------------- Daniel Flores, individually and on behalf of all other persons similarly situated, Plaintiff, v. BJ'S Restaurants, Inc. and BJ'S Restaurant Operations Company, Defendant, Case No. 21-cv-01185 (W.D. Tex., December 30, 2021), seeks to recover unpaid minimum wages, redress for unlawful retention of gratuities and unlawful deductions from wages, interest, attorneys' fees and costs under the Fair Labor Standards Act. Defendants operate a nationwide chain of restaurants with the name "BJ's Brewhouse" where Flores worked as a waiter. He claims to be paid less than the minimum wage and Defendants utilized the tip credit to meet its minimum wage obligation to its tipped workers. However, he was also required to perform non-tipped work while being compensated at the tip credit rate, says the complaint.[BN] Plaintiff is represented by: Don J. Foty, Esq. HODGES & FOTY, LLP 4409 Montrose Blvd, Ste. 200 Houston, TX 77006 Telephone: (713) 523-0001 Facsimile: (713) 523-1116 Email: dfoty@hftrialfirm.com - and - Anthony J. Lazzaro, Esq. Lori M. Griffin, Esq. Alanna Klein Fischer, Esq. THE LAZZARO LAW FIRM, LLC 34555 Chagrin Boulevard Moreland Hills, OH 44022 Tel: (216) 696-5000 Fax: (216) 696-7005 Email: anthony@lazzarolawfirm.com lori@lazzarolawfirm.com alanna@lazzarolawfirm.com BNSF RAILWAY: Sayson Suit Removed to C.D. California ---------------------------------------------------- The case styled as Anthony Romero Sayson, individually, and on behalf of all others similarly situated v. BNSF Railway Company, Does 1 through 10, inclusive, Case No. 21STCV42288, was removed from the Superior Court, CA - Los Angeles County, to the U.S. District Court for the Central District of California on Dec. 28, 2021. The District Court Clerk assigned Case No. 2:21-cv-09966 to the proceeding. The nature of suit is stated as Other Labor. BNSF -- http://www.bnsf.com/-- operates one of the largest freight railroad networks in North America, with 32500 miles of rail across the western two-thirds of the United States.[BN] The Plaintiff appears pro se. CAPITAL ONE: Mismanaged Employees' Fund, Morales Suit Says ---------------------------------------------------------- Raul Morales, on behalf of himself and all others similarly situated, Plaintiff, v. Capital One Financial Corporation, The Board Of Directors Of Capital One Financial Corporation, Capital One Financial Corporation Investment Committee and John Does 1-30, Defendants, Case No. 21-cv-01454, (E.D. Va., December 31, 2021) seeks to recover all losses to plan profits, equitable or remedial relief and redress for breaches of fiduciary duties and prohibited transactions under Employee Retirement Income Security Act of 1974 (ERISA). Capital One is the Plan sponsor and a named fiduciary of the Capital One Financial Corporation Associate Savings Plan, a defined contribution plan covering all employees of the company. It is the fifth-largest consumer bank and eighth-largest bank overall. Capital One established said plan for the benefit of its eligible employees, including Raul Morales. Morales alleges that Defendants, acting as "fiduciaries" of the plan, caused the plans' participants to pay excessive recordkeeping expenses and unreasonably maintained investment advisors and consultants for the plan despite the known availability of similar service providers with lower costs and/or better performance histories. [BN] The Plaintiff is represented by: Charles L. Williams, Esq. WILLIAMS & SKILLING P.C. 7104 Mechanicsville Turnpike, Suite 204 Mechanicsville, VA 23111 Telephone: (804) 447-0307, ext. 305 Facsimile: (804) 447-0367 Email: cwilliams@williamsandskilling.com - and - Mark K. Gyandoh, Esq. Gabrielle Kelerchian, Esq. CAPOZZI ADLER, P.C. 312 Old Lancaster Road Merion Station, PA 19066 Telephone: (610) 890-0200 Facsimile: (717) 233-4103 Email: 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 Email: donr@capozziadler.com CAPITAL PLUS: Greathouse Files FLSA Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Capital Plus Financial LLC, et al. The case is styled as Eric Greathouse, individually and on behalf of all others similarly situated v. Capital Plus Financial LLC, Crossroads Systems Inc, Case No. 4:21-cv-01243-BRW (E.D.N.Y., Dec. 28, 2021). The nature of suit is stated as Negotiable Instrument for Contract Dispute. Capital Plus Financial ("CPF") -- https://capitalplusfin.com/home/ -- is a real estate financial institution specializing in residential mortgage lending in the Hispanic single-family residential market of the Dallas/Fort Worth, Houston, and San Antonio areas.[BN] The Plaintiff is represented by: Bart D. Cohen, Esq. Lawrence J. Lederer, Esq. Michael L. Murphy, Esq. BAILEY & GLASSER LLP 1055 Thomas Jefferson Street NW, Suite 540 Washington, DC 20007 Phone: (202) 463-2101 - and - Justin A. Heller, Esq. Matthew M. Zapala, Esq. NOLAN HELLER KAUFFMAN LLP 80 State Street, 11th Floor Albany, NY 12207 Phone: (518) 449-3300 - and - Katherine Church Campbell, Esq. Marshall S. Ney, Esq. FRIDAY, ELDREDGE & CLARK, LLP 3350 South Pinnacle Hills Parkway, Suite 301 Rogers, AR 72758 Phone: (479) 695-6040 Email: kcampbell@fridayfirm.com mney@fridayfirm.com CHRIS CHAMBERLAIN: Burdiss Files Suit in E.D. Missouri ------------------------------------------------------ A class action lawsuit has been filed against Chris Chamberlain, et al. The case is styled as Christopher Burdis, on behalf of all SORTS patients Similarly situated v. Chris Chamberlain, Misty Kindle, Allen Smith, Stacey Gegg, Rebecca Deason, George Killian, Denise Hacker, Sex Offender Rehabilitation and Treatment Services, Missouri Department of Mental Health, Case No. 4:21-cv-01516-SPM (E.D. Mo., Dec. 29, 2021). The nature of suit is stated as Prisoner Civil Rights. The Missouri Department of Mental Health -- https://dmh.mo.gov/ -- serves citizens by working to prevent, treat and habilitate individuals with mental disorders, developmental disabilities, and substance use disorders; and by improving the public understanding and attitudes about those with mental health conditions.[BN] The Plaintiff appears pro se. COMCAST CABLE: Aweau Suit Removed From Com. Pleas to E.D. Penn. --------------------------------------------------------------- The class action lawsuit captioned as CHANNEL AWEAU, individually, and on behalf of all others similarly situated v. COMCAST CABLE COMMUNICATIONS, LLC, Case No. 211100417 (Filed November 4, 2021), was removed from the Philadelphia Court of Common Pleas to the United States District Court for the Eastern District of Pennsylvania on Dec. 31, 2021. The Eastern District of Pennsylvania Court Clerk assigned Case No. 2:21-cv-05675 to the proceeding. Comcast Cable is a telecommunications company and division of Comcast Corporation used to market consumer cable television, internet, telephone, and wireless services provided by the company.[BN] The Defendant is represented by: Seamus C. Duffy, Esq. Julie A. Busta, Esq. AKIN GUMP STRAUSS HAUER & FELD LLC 1735 Market Street, 12th Floor Philadelphia, PA 19103 COMFORT SYSTEMS: Fails to Pay Proper OT to Welders, Martin Says --------------------------------------------------------------- BENJAMIN ROSSI MARTIN, individually and on behalf of all others similarly situated, Plaintiff v. COMFORT SYSTEMS USA (ARKANSAS), INC., Defendant, Case No. 4:21-cv-01215-BRW (E.D. Ark., December 17, 2021) seeks declaratory judgment, monetary damages, liquidated damages, prejudgment interest, and costs, including reasonable attorneys' fees as a result of Defendant's alleged failure to pay Plaintiff and all others similarly situated a proper overtime compensation for all hours worked. The Plaintiff was employed by the Defendant as an hourly-paid welder from March of 2021 until August of 2021. Comfort Systems USA (Arkansas) is engaged in the business of building and servicing mechanical, electrical, and plumbing systems.[BN] The Plaintiff is represented by: Colby Qualls, Esq. Josh Sanford, Esq. SANFORD LAW FIRM, PLLC 10800 Financial Center Parkway, Suite 510 Little Rock, AR 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 ENGELHARDT & CO: Colceriu Appeals Class Suit Dismissal to 11th Cir. ------------------------------------------------------------------- Plaintiff Ligia Colceriu filed an appeal from a court ruling entered in the lawsuit entitled Ligia Colceriu and those similarly situated v. Engelhardt & Co. LLC; and Jamie Barbary also known as: Jamie Engelhardt, Case No. 8:20-cv-01425-MSS-AAS, in the U.S. District Court for the Middle District of Florida. In an amended complaint filed on July 6, 2021, the named Plaintiff and those similarly situated seek damages, declaratory judgment, permanent injunctive relief, disgorgement of ill-gotten monies, attorney's fees and costs, and other relief from the Defendants, JAMIE BARBARY a/k/a JAMIE ENGELHARDT and ENGELHARDT & CO LLC, for operating an illegal lottery, unjust enrichment, misrepresentation, violations of the Federal Trade Commission Act, 15 U.S.C. Section 45(a), and violations of Florida's Deceptive and Unfair Trade Practices Act. On July 20, 2021, the Defendants filed motion to dismiss for lack of jurisdiction of the first amended complaint and a motion to dismiss for failure to state a claim. On November 29, 2021, Judge Mary S. Scriven entered an order granting Defendants' motion to dismiss amended complaint; denying Plaintiff's motion to strike notice of supplemental authority; and denying Plaintiff's motion for leave to file second amended complaint. The Plaintiff now seeks a review of this order by Judge Scriven. The appellate case is captioned as Ligia Colceriu v. Jamie Barbary, et al., Case No. 21-14370, in the United States Court of Appeals for the Eleventh Circuit, filed on December 16, 2021. The briefing schedule in the Appellate Case states that: -- The appellant's brief is due on or before January 25, 2022; -- The appendix is due no later than 7 days from the filing of the appellant's brief; -- Appellant's Certificate of Interested Persons was due on December 30, 2021 as to Appellant Ligia Colceriu; and -- Appellee's Certificate of Interested Persons is due on or before January 13, 2022 as to Appellees Jamie Barbary and Engelhardt & Co., LLC.[BN] Plaintiffs-Appellants LIGIA COLCERIU, and those similarly situated, are represented by: Bogdan Enica, Esq. PRACTUS, LLP 66 W Flagler Ste 937 Miami, FL 33130 Telephone: (305) 539-9206 E-mail: b.enica@fashion.law Defendants-Appellees JAMIE BARBARY, a.k.a. Jamie Engelhardt, and ENGELHARDT & CO., LLC are represented by: Ian M. Ross, Esq. STUMPHAUZER FOSLID SLOMAN ROSS & KOLAYA, PLLC 2 S Biscayne Blvd. Ste 1600 Miami, FL 33131 Telephone: (305) 614-1400 ESTENSON LOGISTICS: Buford Suit Removed from State Ct. to C.D. Cal. ------------------------------------------------------------------- The class action lawsuit captioned as MARK BUFORD, individually and on behalf of all others similarly situated v. ESTENSON LOGISTICS, LLC, a Delaware Limited Liability Company; HUB GROUP TRUCKING, INC., a Delaware Corporation; HUB GROUP, INC., doing business in California as CALIFORNIA HUB GROUP; HUB GROUP DEDICATED, LLC, a Delaware Limited Liability Company; and DOES 1 through 50, inclusive, Case No. CIVSB2128265 (Filed Oct. 1, 2021) was removed from the Superior Court of the State of California for the County of Los Angeles, to the United States District Court for the Central District of California on Dec. 30, 2021. The Central District of California Court Clerk assigned Case No. 5:21-cv-02179 to the proceeding. The case arises from the Defendants' failure to pay wages including overtime and failure to provide meal periods and rest periods or compensation in lieu thereof. Estenson provides logistics services. The Company offers container, supply chain consulting, warehousing, and inventory management.[BN] The Defendants are represented by: Robert R. Roginson, Esq. Paloma P. Peracchio, Esq. Kathleen J. Choi, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Telephone: (213) 239-9800 Facsimile: (213) 239-9045 E-mail: robert.roginson@ogletree.com paloma.peracchio@ogletree.com kathleen.choi@ogletree.com GEICO CHOICE: Appeals Remand of Tomblin Suit to State Court ----------------------------------------------------------- GEICO Choice Insurance Company filed an appeal from a court ruling entered in the lawsuit entitled LAKENDA TOMBLIN, Plaintiff, v. GEICO CHOICE INSURANCE COMPANY, Defendant, Case No. 1:21-cv-01741, in the U.S. District Court for the Northern District of Ohio at Cleveland. On August 10, 2021, Plaintiff sued Geico in state court arising out of an accident that rendered her car a total loss. The Plaintiff made a claim with Geico, her auto insurer, which treated her vehicle as a total loss and offered a settlement. According to Plaintiff, this offer did not include an amount for dealer fees, also known as dealer documentary fees, which Ohio law requires be disclosed and caps at $250. The Plaintiff filed this suit seeking "unconditional upfront payment of dealer fees" under the terms of the insurance contract between her and Geico. On September 7, 2021, Defendant Geico Choice Insurance Company removed this putative class action to federal court, alleging that the amount-in-controversy exceeds $5 million and, therefore, vests the Court with jurisdiction under 28 U.S.C. Section 1332(d). Plaintiff Lakenda Tomblin moved to remand the case to state court for lack of jurisdiction, arguing, among other things, that Defendant has not proved by a preponderance of the evidence that the amount in controversy exceeds the statutory jurisdictional threshold. On December 6, 2021, the Court granted Plaintiff's motion to remand for lack of jurisdiction. The Defendant now seeks a review of this order. The appellate case is captioned as In re: GEICO Choice Insurance Company, Case No. 21-308, in the United States Court of Appeals for the Sixth Circuit, filed on December 17, 2021.[BN] Defendant-Petitioner GEICO CHOICE INSURANCE COMPANY is represented by: Michael Thomas Raupp, Esq. HUSCH BLACKWELL 4801 Main Street, Suite 1000 Kansas City, MO 64112 Telephone: (816) 983-8000 Plaintiff-Respondent LAKENDA TOMBLIN, individually and on behalf of others similarly situated, is represented by: Drew T. Legando, Esq. MERRIMAN, LEGANDO, WILLIAMS & KLANG 1360 W. Ninth Street, Suite 200 Cleveland, OH 44113 Telephone: (216) 522-9000 E-mail: drew@merrimanlegal.com GENTEX CORPORATION: Website Inaccessible to Blind, Contreras Says ----------------------------------------------------------------- YENSY CONTRERAS, Individually, and On Behalf of All Others Similarly Situated v. GENTEX CORPORATION, Case No. 1:21-cv-11203 (S.D.N.Y., Dec. 30, 2021) alleges that Gentex failed to design, construct, maintain, and operate its website to be fully accessible to -- and independently usable by -- the Plaintiff and other blind or visually-impaired people who use screen-reading software. The Plaintiff asserts this action individually and on behalf of all other visually-impaired and/or legally blind individuals in the United States who have attempted to access Defendant's website and have been denied access to the equal enjoyment of goods and/or services offered on the website during the past three years from the date of the filing of the complaint. In December 2021, the Plaintiff browsed and attempted to transact business on Defendant's website, Gentexcorp.com. The main reason Plaintiff visited the website was to, inter alia, purchase products, goods, and/or services. The website sells/offers global defense forces with protective products, and branded merchandise. The Defendant and its website allegedly violate Title III of the Americans with Disabilities Act of 1990 and the New York City Human Rights Law as the website is not equally accessible to blind and visually-impaired consumers. The Plaintiff and the Class bring this action against the Defendant seeking, a preliminary and permanent injunction, other declaratory relief, statutory damages, actual and punitive damages, pre-judgment and post-judgment interest, and reasonable attorneys' fees and expenses. The Plaintiff is a resident of New York, New York. Plaintiff is a blind, visually-impaired, handicapped person and a member of a protected class of individuals as defined under 42 U.S.C. section 12102(1)-(2) -- and the regulations implementing the ADA set forth at 28 CFR sections 36.101 et seq. -- and as defined under the NYCHRL. The Defendant is an online retail company that owns and operates a website offering products that Defendant delivers to New York and across the country. The Defendant offers its website so that, inter alia, the general public can transact business on it. The goods and services offered by Defendant's website include, but are not limited to: branded apparel, including but not limited to tee-shirts, and other related items.[BN] The Plaintiff is represented by: Jarrett S. Charo, Esq. MIZRAHI KROUB LLP 200 Vesey Street, 24 th Floor New York, NY 10281 Telephone: (212) 595-6200 Facsimile: (212) 595-9700 E-mail: jcharo@mizrahikroub.com HARTFORD FINANCIAL: Kuhen Appeals Insurance Suit Dismissal ---------------------------------------------------------- Plaintiff Ralph Kuhen filed an appeal from a court ruling entered in the lawsuit entitled RALPH KUHEN, CPA d/b/a/ R. KUHEN & CO INC., on behalf of itself and all others similarly situated, Plaintiff v. THE HARTFORD FINANCIAL SERVICES GROUP, INC.; and SENTINEL INSURANCE COMPANY, LTD., Defendants, Case No. 8:21-cv-00773-JLS-ADS, in the U.S. District Court for the Central District of California, Santa Ana. As reported in the Class Action Reporter on September 7, 2020, the lawsuit asserts claims for breach of contract arising from the Plaintiff's contract of insurance with the Defendants, which they refuse to honor. According to the complaint, the Plaintiff was forced to temporarily close its business beginning on March 20, 2020, causing an interruption to and loss of its business income, at the direction of local, state, and/or federal authorities, and/or due to the COVID-19 public health emergency. The Plaintiff and the Class purchased and paid for an "all-risk" Commercial Property Coverage insurance policy from the Defendants, which provides broad property insurance coverage for all non-excluded, lost business income, including the losses asserted in the lawsuit. The Plaintiff says it submitted timely notice of its claim to Defendants, but they have refused to provide the purchased coverage to their insured, and have denied the Plaintiff's claim for benefits under the policy. The Defendants have similarly refused to, or will refuse to, honor their obligations under the "all-risk" policy(ies) purchased by the Plaintiff and the other members of the putative Class of insureds. On October 22, 2020, the Defendants filed a motion to dismiss amended nationwide class claims. The lawsuit was transferred from the U.S. District Court for the Southern District of California, to the U.S. District Court for the Central District of California on April 23, 2021. The Court entered an Order on November 10, 2021 and Judgment on November 18, 2021, granting Defendants' motion to dismiss without leave to amend. The Plaintiff now seeks a review of the dismissal order. The appellate case is captioned as Ralph Kuhen v. Sentinel Insurance Company, Case No. 21-56368, in the United States Court of Appeals for the Ninth Circuit, filed on December 20, 2021. The briefing schedule in the Appellate Case states that: -- Appellant Ralph Kuhen Mediation Questionnaire was due on December 27, 2021; -- Transcript shall be ordered by January 19, 2022; -- Transcript is due on February 18, 2022; -- Appellant Ralph Kuhen opening brief is due on March 30, 2022; -- Appellee Sentinel Insurance Company, Ltd. answering brief is due on April 29, 2022; and -- Appellant's optional reply brief is due 21 days after service of the answering brief.[BN] Plaintiff-Appellant RALPH KUHEN, CPA, on behalf of itself and all others similarly situated, doing business as R. Kuhen & Co. Inc., is represented by: Todd David Carpenter, Esq. LYNCH CARPENTER, LLP 1350 Columbia Street, Suite 603 San Diego, CA 92101 Telephone: (619) 762-1900 E-mail: todd@lcllp.com - and - Kelly Iverson, Esq. LYNCH CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 E-mail: kelly@lcllp.com Defendant-Appellee SENTINEL INSURANCE COMPANY, LTD. is represented by: Anthony Anscombe, Esq. STEPTOE & JOHNSON, LLP 227 W Monroe Street, Suite 4700 Chicago, IL 60606 Telephone: (312) 577-1265 E-mail: aanscombe@steptoe.com - and - Melanie Atswei Ayerh, Esq. STEPTOE & JOHNSON, LLP 633 W 5th Street, Suite 1900 Los Angeles, CA 90071 Telephone: (480) 766-8827 E-mail: mayerh@steptoe.com INSTADOSE PHARMA: Deluca Slams Share Drop from Shady Merger ----------------------------------------------------------- Michele Deluca, individually and on behalf of all others similarly situated, Plaintiff, v. Instadose Pharma Corp. (formerly Mikrocoze, Inc.) and Terry Wilshire, Defendants, Case No. 21-cv-00675, (E.D. Va., December 30, 2021), seeks to recover damages caused by violations of federal securities laws and to pursue remedies under the Securities Exchange Act of 1934. Instadose does not have significant operations and is a "shell" company. It was formerly known as "Mikrocoze, Inc.," which was organized to sell micro-furniture for small spaces via the Internet. It has since pivoted its business to focus on growth and acquisition of pharmaceutical grade agricultural products. On December 7, 2020, Instadose (then still known as Mikrocoze) entered into a non-binding letter of intent with Instadose Pharma Corp., a Canadian-based cannabis producer (Instadose Canada), and holders of a majority of its outstanding shares for a transaction to acquire 100% of the outstanding common shares of Instadose Canada in exchange for approximately 80% of the issued and outstanding shares of common stock of the company following such exchange. Deluca alleges that Defendants failed to disclose that Instadose had performed inadequate due diligence and/or ignored significant red flags associated with Instadose Canada, that Instadose's internal controls and policies were inadequate to detect and/or prevent impermissible trading activity by control persons of the company and subjected Instadose to a heightened risk of regulatory scrutiny and enforcement action. On July 9, 2021, the Ontario Securities Commission (OSC) announced that the Chairman and Chief Executive Officer of Instadose Canada, Grant Ferdinand Sanders, was charged quasi-criminally with one count of fraud in relation to his role as Chairman and CEO of Instadose Canada, which, since July 2017, had raised more than $9.4 million from investors. The OSC alleged that investor funds were diverted to the benefit of Sanders, his family, and associates, and that Instadose Canada materially misrepresented the nature of its business. On this news, the company's stock price fell $22.61 per share, or 91.87%, to close at $2.00 per share on December 9, 2021. Deluca claims to have acquired Instadose securities at artificially inflated prices and was damaged upon the revelation of the alleged corrective disclosures. [BN] Plaintiff is represented by: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, New York 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 Email: jalieberman@pomlaw.com ahood@pomlaw.com - and - Steven J. Toll, Esq. S. Douglas Bunch, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue N.W. Suite 500, East Tower Washington, DC 20005 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 Email: stoll@cohenmilstein.com dbunch@cohenmilstein.com JUUL LABS: E-Cigarette Ads Target Youth, Rome City School Says -------------------------------------------------------------- ROME CITY SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09855 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Rome City School District is a unified school district with its offices located at 409 Bell Road in Rome, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Entices Youth to Buy E-Cigarette, Sidney Central Claims ------------------------------------------------------------------ SIDNEY CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09859 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Sidney Central School District is a unified school district with its offices located at 95 W Main Street in Sidney, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Faces Dansville Suit Over Youth E-Cigarette Crisis ------------------------------------------------------------- DANSVILLE CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09866 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Dansville Central School District is a unified school district with its offices located at 337 Main Street in Dansville, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Faces Triway Local Suit Over Youth E-Cigarette Marketing ------------------------------------------------------------------- TRIWAY LOCAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09853 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Triway Local School District is a unified school district with its offices located at 3205 Shreve Road in Wooster, Ohio. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Greece Central Sues Over Youth Health Crisis in N.Y. --------------------------------------------------------------- GREECE CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09856 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, alleges the suit. Greece Central School District is a unified school district with its offices located at 750 Maiden Lane in Rochester, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Jackson County Sues Over Deceptive E-Cigarette Youth Ads ------------------------------------------------------------------- JACKSON COUNTY INTERMEDIATE SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09867-WHO (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, the suit says. Jackson County Intermediate School District is a unified school district with its offices located at Browns Lake Road in Jackson, Michigan. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Marathon Central Sues Over E-Cigarette Campaign to Youth ------------------------------------------------------------------- MARATHON CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09854 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, alleges the suit. Marathon Central School District is a unified school district with its offices located at 1 East Main Street in Marathon, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Markets E-Cigarette to Youth, Otselic Valley Alleges --------------------------------------------------------------- OTSELIC VALLEY CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09858 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, the suit says. Otselic Valley Central School District is a unified school district with its offices located at 125 County Road 13A in South Otselic, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Ontonagon Area Sues Over Youth's E-Cigarette Addiction ----------------------------------------------------------------- ONTONAGON AREA SCHOOLS, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09865 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Ontonagon Area Schools is a unified school district with its offices located at 701 Parker Ave in Ontonagon, Michigan. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Sackets Harbor Sues Over E-Cigarette Use Among Youth --------------------------------------------------------------- SACKETS HARBOR CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09870 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, the suit alleges. Sackets Harbor Central School District is a unified school district with its offices located at 215 South Broad Street in Sackets Harbor, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Sodus Central Sues Over E-Cigarette Epidemic in N.Y. --------------------------------------------------------------- SODUS CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09868-WHO (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, alleges the suit. Sodus Central School District is a unified school district with its offices located at P.O. Box 220 Mill Street Extension in Sodus, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Triggers E-Cigarette Youth Crisis, Lyons Central Claims ------------------------------------------------------------------ LYONS CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09852 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Lyons Central School District is a unified school district with its offices located at 10 Clyde Road in Lyons, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Victor Central Sues Over E-Cigarette's Risks to Youth ---------------------------------------------------------------- VICTOR CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09873-WHO (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Victor Central School District is a unified school district with its offices located at 953 High Street in Victor, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Williamson Central Sues Over E-Cigarette Crisis in N.Y. ------------------------------------------------------------------ WILLIAMSON CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:21-cv-09862 (N.D. Cal., December 21, 2021) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, the suit asserts. Williamson Central School District is a unified school district with its offices located at 4184 Miller Street in Williamson, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com KE HOLDINGS: Chin Slams Share Drop from Overstated Figures ---------------------------------------------------------- Keith Chin, Individually and on behalf of all others similarly situated, Plaintiff, v. KE Holdings Inc., Peng Yongdong and Xu Tao, Defendants, Case No. 21-cv-11196, (S.D.N.Y., December 30, 2021), is a securities class action on behalf of all persons or entities that purchased or otherwise acquired KE Holdings American depository shares between August 13, 2020 and December 16, 2021, seeking damages under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5. KE Holdings is an integrated online and offline platform for housing transactions and services in China. It depends on the number of real estate agents and stores that use its platform. KE Holdings mainly generates revenues from fees and commissions in housing transactions and services. KE Holdings' American Depository Shares (ADS) trades on the NYSE under the ticker symbol "BEKE." On December 16, 2021, a research emerged mentioning that KE Holdings was overstating the agents and stores on its platforms, its gross transaction value and its revenues, among other figures. On this news, its ADS prices dropped $4.73, 22.18%, from the high it reached on that day on greater than usual volume. Keith Chin is a holder of KE Holdings' ADS that he claims he purchased at artificially inflated prices and suffered damages as a result of the violations of the securities laws alleged herein. [BN] Plaintiff is represented by: Thomas G. Amon, Esq. 420 Lexington Ave., Suite 1402 New York, NY 10107 Telephone: (212) 810-2430 E-mail: tamon@amonlaw.com - and - Brian J. Robbins, Esq. Craig W. Smith, Esq. Shane P. Sanders, Esq. ROBBINS LLP 5040 Shoreham Place San Diego, CA 92101 Tel: (619) 525-3990 Fax: (619) 525-3991 Email: brobbins@robbinsarroyo.com csmith@robbinsarroyo.com ssanders@robbinsarroyo.com stempleton@robbinsarroyo.com L&L NEW: Chen Seeks Minimum Wages, OT for Delivery Men Under FLSA ----------------------------------------------------------------- CHANG YAN CHEN, on behalf of himself and others similarly situated v. L&L NEW BEGINNINGS LLC d/b/a Lili and Loo; and YASMIN KUHN, Case No. 1:21-cv-11225 (E.D.N.Y., Dec. 31, 2021) alleges that the Defendants have willfully and intentionally committed widespread violations of the Fair Labor Standards Act and the New York Labor Law by engaging in pattern and practice of failing to pay its employees, including Plaintiff, minimum wage for each hour worked and overtime compensation for all hours worked over 40 each workweek. From about July 14, 2014 to June 06, 2019, the Plaintiff was employed by the Defendants to work as a delivery man at 792 Lexington Avenue, New York. The Defendants are engaged in restaurant business.[BN] The Plaintiff is represented by: John Troy, Esq. TROY LAW, PLLC 41-25 Kissena Boulevard Suite 103 Flushing, NY 11355 Telephone: (718) 762-1324 LG ENERGY: Charlton Suit Removed to S.D. California --------------------------------------------------- The case styled as Stephen J. Charlton PhD, individually, and on behalf of all others similarly situated v. LG Energy Solution Michigan, Inc., Does 1-50, Case No. 37-02021-00048178-CU-MC-CTL, was removed from the Superior Court of the State of CA, County of San D, to the U.S. District Court for the Southern District of California on Dec. 29, 2021. The District Court Clerk assigned Case No. 3:21-cv-02142-CAB-JLB to the proceeding. The nature of suit is stated as Other Contract. LG Energy Solution Michigan -- https://lgenergymi.com/ -- design and produce innovative energy solutions to solve the automotive industry's toughest challenges throughout Michigan.[BN] The Plaintiff is represented by: Michael Anthony Conger, Esq. LAW OFFICES OF MICAHEL A. CONGER 16236 San Dieguito Road, Suite 4-14 PO Box 9374 Rancho Santa Fe, CA 92067 Phone: (858) 759-0200 Fax: (858) 759-1906 Email: congermike@aol.com The Defendant is represented by: Jason David Strabo, Esq. MCDERMOTT WILL & EMERY LLP 2049 Century Park East, Suite 3800 Los Angeles, CA 90067 Phone: (310) 277-4110 Fax: (310) 277-4730 Email: jstrabo@mwe.com LIFE PROTECT: Faces Honiball TCPA Suit Over Telemarketing Calls --------------------------------------------------------------- MICHAEL HONIBALL, individually and on behalf of all others similarly situated, v. LIFE PROTECT 24/7, INC., a Virginia corporation, Case No. 1:21-cv-06928 (N.D. Ill., Dec. 30, 2021) contends that the Defendant promotes and markets its merchandise, in part, by sending unsolicited telemarketing calls to wireless phone users, in violation of the Telephone Consumer Protection Act. The Plaintiff, a resident of Evanston, Illinois, seeks injunctive and monetary relief for all persons injured by Defendant’s conduct. Life Protect sells emergency and medical alert systems to consumers. The Defendant allegedly uses telemarketing to solicit their products and services to potential customers across the country without obtaining the required consent from the consumers to place such calls. Life Protect uses a pre-recorded voice message without first obtaining the consumer's prior express written consent, like they did when calling Plaintiff Honiball's cell phone, added the suit.[BN] The Plaintiff is represented by: Juneitha Shambee Esq. SHAMBEE LAW OFFICE, LTD. 701 Main St., Ste. 201A Evanston, IL. 60202 Telephone: (773) 741-3602 E-mail: juneitha@shambeelaw.com - and - Avi R. Kaufman KAUFMAN P.A. 400 NW 26 th Street Miami, FL 33127 Telephone: (305) 469-5881 E-mail: kaufman@kaufmanpa.com LIFELONG MEDICAL: Cowan Suit Removed to N.D. California ------------------------------------------------------- The case styled as Herman Cowan, Mary Scott, individually and on behalf of all others similarly situated v. Lifelong Medical Care, Defendant; Netgain Technology, Inc., Cross-Defendant; Case No. 21cv000478, was removed from the Alameda County Superior Court to the U.S. District Court for the Northern District of California on Dec. 29, 2021. The District Court Clerk assigned Case No. 4:21-cv-10062-KAW to the proceeding. The nature of suit is stated as Other Statutory Actions. LifeLong Medical Care -- https://lifelongmedical.org/ -- offers comprehensive high-quality health, dental, and wellness services to all ages and all incomes.[BN] The Plaintiff is represented by: Ari Nathan Cherniak, Esq. Julian Ari Hammond, Esq. Polina Brandler, Esq. HAMMONDLAW, PC 11780 W Sample Road, Suite 103 Coral Springs, FL 33065 Phone: (310) 601-6766 Fax: (310) 295-2385 Email: acherniak@hammondlawpc.com JHammond@hammondlawpc.com pbrandler@hammondlawpc.com The Defendants are represented by: Nathan A Guest, Esq. WOOD SMITH HENNING BERMAN 10960 Wilshire Boulevard, Ste. 18th Flr. Los Angeles, CA 90024 Phone: (310) 481-7600 Email: nguest@wshblaw.com LIFESTONE LLC: Duncan Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Lifestone LLC. The case is styled as Eugene Duncan, and on behalf of all other persons similarly situated v. Lifestone LLC, Case No. 1:21-cv-11139 (S.D.N.Y., Dec. 29, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Lifestone -- https://lifestoneusa.com/ -- is a premium lifestyle brand that creates completely natural, handcrafted, vegan, crystal massage soap and candles.[BN] The Plaintiff is represented by: Bradly Gurion Marks, Esq. THE MARKS LAW FIRM PC 175 Varick Street 3rd Floor New York, NY 10014 Phone: (646) 770-3775 Fax: (646) 867-2639 Email: brad@markslawfirm.net META PLATFORMS: Faces Hill Suit Over Harvesting of Minors Images ---------------------------------------------------------------- JENNIFER CATRICE HILL, on behalf of minor AF, et al. v. META PLATFORMS, INC. formerly Doing Business As FACEBOOK, INC., MARK ELLIOT ZUCKERBERG, Agent of META & STARBELT, LLC, and STARBELT, LLC, Case No. 4:22-cv-00001-CLM (N.D. Ala.,.Dec. 31, 2021) is a class action complaint seeking monetary and injunctive relief against Defendant Meta Platforms, Inc. previously doing business as Facebook, Inc., Defendant Starbelt, LLC, and Defendant Mark Elliot Zuckerberg. The case seeks to redress the damages caused and to prevent the ongoing unjust enrichment, among other torts and antitrust violations, via the "digital conspiracy" of the Defendants all done with the intentions of data harvesting which includes illegally digitally farming via facial biometric recognition the images of minors. These surveillance methods allegedly violate the right of privacy of each minor. The Platform was originally designed as a college "hook-up", sex appeal forum or otherwise site for students seeking to court and connect for dating purposes. Thus, Defendant Zuckerberg and Facebook now Meta are aware of the power of the laws of attraction found in photographs. Thus at all times Defendants have been aware of the sensitive nature of photography and digital information, says the suit. According to the complaint, the Defendants have illegally harvested, trafficked and stored Pandora's box of minors images in violation of their privacy rights and through back-door antitrust processes. This makes minors less safe. Facial recognition biometric "template" and "tags" posed and pose a real and concerning security threat to minors who are subjected thereby to exploitation and image trafficking. The Plaintiffs include SLADE MILLER, on behalf of minor AKCM, WESLEY BOLTON GARMON on behalf of minors C.G. & L.G., SARAH F. BAILEY, on behalf of minors J.F.B., J.P.B., W.C.B. & J.C.B., State Class Claimant Users numbered Nine (9) up to Claimant User Two Million One Hundred Sixty Four Thousand Seven Hundred Forty, & National Class Claimant Users numbered Two Million One Hundred Sixty Four Thousand Forty One up to Two Hundred Eighty Five Million Four Hundred Sixty Thousand Six Hundred Sixty Seven, Global Class Claimant Users numbered Two Hundred Eighty Five Million Four Hundred Sixty Thousand Six Hundred Sixty Eight up to One Billion Claimant Users is reserved.[BN] The Plaintiff is represented by: Trenton Garmon, Esq. GARMON & ASSOCIATES, PLLC 2024 Third Avenue North Birmingham, AL 35203 Telephone: (205) 753-3998 Facsimile: (855) 998-3329 E-mail: trentongarmon@gfile.legal - and - Erica Kemmer, Esq. PO Box 592 Moundville, AL 35474-0592 E-mail: ericakkemmer@gmail.com MIDLAND CREDIT: Higdon Files FDCPA Suit in E.D. California ---------------------------------------------------------- A class action lawsuit has been filed against Midland Credit Management, Inc., et al. The case is styled as Kristine Higdon, individually and on behalf of all others similarly situated v. Midland Credit Management, Inc. and John Does 1-25, Case No. 1:21-at-01143 (E.D. Cal., Dec. 28, 2021). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Midland Credit Management, Inc. -- https://www.midlandcredit.com/ -- is a specialty finance company providing debt recovery solutions for consumers across a broad range of assets.[BN] The Plaintiff is represented by: Jonathan Aaron Stieglitz, Esq. LAW OFFICES OF JONATHAN STIEGLITZ 11845 W. Olympic Blvd., Suite 800 Los Angeles, CA 90064 Phone: (323) 979-2063 Fax: (323) 488-6748 Email: jonathan.a.stieglitz@gmail.com MIDLAND CREDIT: Saiz Files FDCPA Suit in D. Colorado ---------------------------------------------------- A class action lawsuit has been filed against Midland Credit Management, Inc., et al. The case is styled as Lindsey Saiz, individually and on behalf of all others similarly situated v. Midland Credit Management, Inc. and John Does 1-25, Case No. 1:21-cv-03471-NYW (D. Colo., Dec. 28, 2021). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Midland Credit Management, Inc. -- https://www.midlandcredit.com/ -- is a specialty finance company providing debt recovery solutions for consumers across a broad range of assets.[BN] The Plaintiff is represented by; Raphael Y. Deutsch, Esq. STEIN SAKS, PLLC 285 Passaic Street Hackensack, NJ 07601 Phone: (201) 282-6500 Email: rdeutsch@steinsakslegal.com MPI LABEL: Lucas Sues Over Production Staff's Unpaid Overtime ------------------------------------------------------------- SCOTT LUCAS and ALLEN LESTER, on behalf of themselves and others similarly situated, Plaintiffs v. MPI LABEL SYSTEMS, Defendant, Case No. 4:21-cv-02355 (N.D. Ohio, December 17, 2021) arises from the Defendant's violations of the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards Act, the Maryland Wage Payment and Collection Law, and the Maryland Wage and Hour Law, over Defendant's failure to pay overtime to Plaintiffs and class members who routinely worked 40 or more hours per workweek. Plaintiff Lucas was employed by Defendant at its Sebring, Ohio facility as an hourly, non-exempt production employee from approximately 1985 to January 2021 while Plaintiff Lester was employed at Defendant's Baltimore, Maryland facility as an hourly, non-exempt production employee from approximately May 2017 to April 2020. The Defendant is in the business of label manufacturing and operates facilities in Ohio, Maryland, California, Illinois, Connecticut, New York, Texas, North Carolina and Tennessee.[BN] The Plaintiffs are represented by: Shannon M. Draher, Esq. NILGES DRAHER LLC 7266 Portage Street, N.W., Suite D Massillon, OH 44646 Telephone: (330) 470-4428 Facsimile: (330) 754-1430 E-mail: sdraher@ohlaborlaw.com - and - Jeffrey J. Moyle, Esq. NILGES DRAHER LLC 1360 East 9th Street, Suite 808 Cleveland, OH 44114 Telephone: (216) 230-2944 Facsimile: (330) 754-1430 E-mail: jmoyle@ohlaborlaw.com NISSAN NORTH AMERICA: Martinez Files Suit in S.D. California ------------------------------------------------------------ A class action lawsuit has been filed against Nissan North America Inc. The case is styled as Minerva Martinez, individually, and on behalf of a class of similarly situated individuals v. Nissan North America Inc., Case No. 3:21-cv-02146-L-DEB (S.D. Cal., Dec. 29, 2021). The nature of suit is stated as Other Fraud for Breach of Warranty. Nissan North America, Inc., doing business as Nissan USA -- https://www.nissanusa.com/ -- operates in the automotive industry.[BN] The Plaintiff is represented by: James C. Shah, Esq. MILLER SHAH LLP 1845 Walnut Street, Suite 806 Philadelphia, PA 19103 Phone: (610) 891-9880 Fax: (866) 300-7367 Email: jcshah@millershah.com PRIORITY PAYMENT: Braids R Us Suit Removed to N.D. Georgia ---------------------------------------------------------- The case styled as Braids R Us 305, Hawaii Rent A Fence, Inc., American Security Fence Company, Inc., individually and on behalf of all others similarly situated v. Priority Payment Systems, LLC, Priority Technology Holdings, Inc., Case No. 21-0151551-CV, was removed from the Superior Court of Cobb County to the U.S. District Court for the Northern District of Georgia on Dec. 29, 2021. The District Court Clerk assigned Case No. 1:21-cv-05318-WMR to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. Priority Payment Systems LLC -- https://www.pps.io/ -- provides financial transaction and payment services.[BN] The Plaintiffs are represented by: Edward Adam Webb, Esq. G. Franklin Lemond, Jr., Esq. Matthew C. Klase, Esq. WEBB, KLASE & LEMOND, LLC 1900 The Exchange, SE, Suite 480 Atlanta, GA 30339 Phone: (770) 444-0773 Email: Adam@WebbLLC.com flemond@webbllc.com matt@webbllc.com The Defendants are represented by: Edward Alexander Marshall, Esq. Morgan Ellen McCloy Harrison, Esq. Theresa Ann Y. Kananen, Esq. ARNALL GOLDEN GREGORY LLP-ATL 171 17th Street, NW, Suite 2100 Atlanta, GA 30363-1031 Phone: (404) 873-8536 Email: edward.marshall@agg.com morgan.harrison@agg.com theresa.kananen@agg.com PROCTER & GAMBLE: Clay Files Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against The Procter & Gamble Company. The case is styled as Jacqueline Clay, individually and on behalf of all others similarly situated v. The Procter & Gamble Company, Case No. 1:21-cv-11133 (S.D.N.Y., Dec. 29, 2021). The nature of suit is stated as Contract Product Liability. The Procter & Gamble Company -- https://us.pg.com/ -- is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio, founded in 1837 by William Procter and James Gamble.[BN] The Plaintiff is represented by: Simon Carlo Franzini, Esq. Jonas Bram Jacobson, Esq. DOVEL AND LUNER 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Phone: (310) 656-7066 Email: simon@dovel.com jonas@dovel.com PRUDENTIAL FINANCIAL: Dowe Seeks Review of FINRA Arbitration Order ------------------------------------------------------------------ Plaintiffs Maureen Dowe, et al., filed an appeal from a court ruling entered in the lawsuit entitled MAUREEN DOWE; ELVIE MOORE; and ESTHER BUCKRAM, individually and on behalf of those Class members similarly situated, Plaintiffs, v. PRUDENTIAL FINANCIAL INC., parent and successor in interest to PRUDENTIAL SECURITIES, INC.; ERIC SCHWIMMER; and JOHN DOES 1-25, fictitious persons and entities, Defendants, Case No. 18-cv-11633, in the U.S. District Court for the Southern District of New York. Plaintiffs Dowe, Moore, and Buckram are former employees of Prudential and former clients of the law firm Leeds & Morelli, P.C. or its successors ("LMB"). In the putative class action, the Plaintiffs allege that LMB conspired with Prudential to settle discrimination claims against Prudential for less than their true value, in exchange for side payments from Prudential to LMB. As previously reported in the Class Action Reporter, Judge Denise Cote of the U.S. District Court for the Southern District of New York ordered the Plaintiffs to file a status letter by Aug. 21, 2020 indicating whether they will be proceeding with Financial Industry Regulatory Authority ("FINRA") arbitration. The action was filed on Dec. 12, 2018. An Opinion and Order of Nov. 22, 2019 granted a motion to compel arbitration of the Plaintiff's claims against Prudential Defendants Prudential Financial and Schwimmer. The November 22 Opinion also dismissed claims against Leeds & Morelli, P.C. and its successors ("LMB") on statute of limitations grounds. On May 22, 2020, the Prudential Defendants filed a letter indicating that the Plaintiffs had not commenced any arbitration proceedings in the intervening six months. An Order dated May 26 instructed the Plaintiffs to commence arbitration proceedings and warned that if they did not do so by June 5, their claims against the Prudential Defendants could be dismissed with prejudice. On June 4, new counsel appeared for the Plaintiffs. On June 5, the Plaintiffs submitted a Statement of Claim to FINRA for arbitration. On July 22, FINRA issued a deficiency notice indicating, inter alia, that it would not accept the Plaintiffs' Claim for arbitration unless it were amended to remove any class action claims. The notice gave the Plaintiffs until August 21 to correct the deficiencies, or FINRA will close the case. The Plaintiffs now seek a review of the Court's Order dated May 26, 2020 and Court's Order and Judgment dated November 16, 2021, granting Defendants' motion to compel arbitration. The appellate case is captioned as Dowe v. Prudential Financial Inc., Case No. 21-3069, in the United States Court of Appeals for the Second Circuit, filed on December 17, 2021.[BN] Plaintiffs-Appellants Maureen Dowe, Elvie Moore, and Esther Buckram, individually and on behalf of those Class Members similarly situated, are represented by: Max Folkenflik, Esq. FOLKENFLIK & MCGERITY 1500 Broadway New York, NY 10036 Telephone: (212) 757-0400 Defendant-Appellee Prudential Financial Inc., parent and successor in interest to Prudential Securities Incorporated, is represented by: Vincent Anthony Sama, Esq. SEYFARTH SHAW LLP 620 8th Avenue, Floor 31 New York, NY 10018 Telephone: (212) 218-3368 Defendants-Appellees Leeds, Morelli and Brown PC; Leeds, Morelli and Brown LLP; Lenard Leeds; Steven A. Morelli; Jeffrey K. Brown; Eric Schwimmer; Leeds Brown Law P.C.; and Leeds and Morelli, PC are represented by: Janice J. DiGennaro, Esq. RIVKIN RADLER LLP 926 RXR Plaza Uniondale, NY 11556 Telephone: (516) 357-3000 E-mail: janice.digennaro@rivkin.com QRS INC: Lee Files Suit in E.D. Tennessee ----------------------------------------- A class action lawsuit has been filed against QRS, Inc. The case is styled as Gerald Lee, individually and on behalf of all similarly situated individuals v. QRS, Inc., Case No. 3:21-cv-00425 (E.D. Tenn., Dec. 29, 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: John T. Spragens, Esq. SPRAGENS LAW PLC 311 22nd Ave. N. Nashville, TN 37203 Phone: (615) 983-8900 Email: john@spragenslaw.com QUEST DIAGNOSTICS: Vargas Appeals Class Cert. Ruling in ADA Suit ---------------------------------------------------------------- Plaintiff Julian Vargas filed an appeal from a court ruling entered in the lawsuit entitled Julian Vargas, et al., v. Quest Diagnostics Clinical Labs., Inc., et al., Case No. 2:19-cv-08108-DMG-MRW, in the United States District Court for the Central District of California. According to the complaint, Mr. Vargas is legally blind. Both Plaintiff and many members of Plaintiff American Council of the Blind encountered the electronic check-in system at Quest locations which they, as legally blind individuals, could not access to effectively communicate with Quest. The Plaintiff filed a class action lawsuit seeking (1) a nationwide injunction requiring Quest to make reasonable modifications to allow legally blind individuals to effectively communicate at its patient service centers and (2) statutory damages for those California class members who encountered the inaccessible kiosk, were not able to effectively communicate, and therefore are entitled to minimum statutory damages under the Unruh Act. As reported in the Class Action Reporter on December 9, 2021, the Hon. Judge Dolly M. Gee entered an order granting in part and denying in part Plaintiff Vargas's motion for class certification. The Court granted Plaintiff's motion to certify the nationwide class but denied the motion to certify the California minimum statutory damages Class. The Plaintiff is taking an appeal from this Order. The appellate case is captioned as Julian Vargas, on behalf of himself and all others similarly situated, Plaintiff-Petitioner v. Quest Diagnostics Clinical Laboratories, Inc., Quest Diagnostics Holdings, Inc., Question Diagnostics Incorporated, and Does 1-10, Defendants-Respondents, Case No. 21-80128, in the United States Court of Appeals for the Ninth Circuit, filed on December 17, 2021.[BN] Plaintiff-Petitioner Julian Vargas, on behalf of himself and all others similarly situated, is represented by: Jonathan D. Miller, Esq. Alison M. Bern, Esq. NYE, STIRLING, HALE & MILLER, LLP 33 West Nitin Street, Suite 201 Santa Barbara, CA 93101 Telephone: (805) 963-2345 Facsimile: (805) 284-9590 E-mail: alison@nshmlaw.com jonathan@nshmlaw.com - and - Benjamin J. Sweet, Esq. NYE, STIRLING, HALE & MILLER, LLP 1145 Bower Hill Road, Suite 104 Pittsburgh, PA 15243 Telephone: (412) 857-5352 E-mail: ben@inshmlaw.com - and - Matthew K. Handle, Esq. HANDLEY FARAH & ANDERSON PLLC 200 Massachusetts Ave., NW 7th Fl. Washington, DC 20001 Telephone: (202) 559-2411 E-mail: mhandley@hfajustice.com QUEST GLOBAL: McIsaac Hits Employee Non-Poaching Policy ------------------------------------------------------- Ellen McIsaac, individually and on behalf of all others similarly situated, Plaintiff, v. Quest Global Services-NA, Inc. Agilis Engineering, Inc., Belcan LLC, Cyient, Inc., Parametric Solutions, Inc. and Raytheon Technologies Corporation, Pratt and Whitney Division, Defendants, Case No. 21-cv-01737 (D. Conn., December 28, 2021), seeks damages and injunctive relief for unlawful restraint of competition in the market for the services of skilled professionals in violation of Section 1 of the Sherman Act. Pratt & Whitney, a subsidiary of Raytheon Technologies, is one of the largest aerospace engine design, manufacture and service companies in the United States. Quest Global Services-NA, Inc., Belcan, LLC, Cyient, Inc., Parametric Solutions, Inc. and Agilis, Engineering Inc. are outsource engineering supply companies whose employees performed work for Pratt & Whitney on a project basis. Ellen McIsaac worked as an Intern and Structures Engineer for Pratt & Whitney in Connecticut from June 2011 to January 2015. She alleges that Defendants agreed not to recruit each other's engineers and other skilled workers in the aerospace engineering industry. [BN] Plaintiff is represented by: Erin Green Comite, Esq. Michael P. Srodoski, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP 156 South Main Street P.O. Box 192 Colchester, CT 06415 Tel: (860) 537-5537 Fax: (860) 537-4432 Email: ecomite@scott-scott.com msrodoski@scott-scott.com - and - Walter W. Noss, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP 600 W. Broadway, Suite 3300 San Diego, CA 92101 Tel: (619) 233-4565 Fax: (619) 233-0508 Email: wnoss@scott-scott.com - and - Roberta D. Liebenberg, Esq. Gerard A. Dever, Esq. Jessica Khan, Esq. FINE KAPLAN AND BLACK, R.P.C. One South Broad St., 23rd Floor Philadelphia, PA 19107 Tel.: (215) 567-6565 Email: rliebenberg@finekaplan.com gdever@finekaplan.com jkhan@finekaplan.com RANDSTAD US: Harrell Employment Suit Removed to N.D. California --------------------------------------------------------------- The case styled JOSHUA HARRELL, individually and on behalf of all others similarly situated v. RANDSTAD US, LLC and DOES 1 through 50, inclusive, Case No. 21-CV-387665, was removed from the Superior Court of the State of California for the County of Santa Clara to the U.S. District Court for the Northern District of California on December 21, 2021. The Clerk of Court for the Northern District of California assigned Case No. 5:21-cv-09904 to the proceeding. The case arises from the Defendant's alleged employment violations. Randstad US, LLC is a staffing agency, with its principal place of business in Georgia. [BN] The Defendant is represented by: Kristapor Vartanian, Esq. KABAT CHAPMAN & OZMER LLP 333 S. Grand Avenue, Suite 2225 Los Angeles, CA 90071 Telephone: (213) 493-3980 Facsimile: (404) 400-7333 E-mail: kvartanian@kcozlaw.com REDWIRE CORP: Faces Lemen Suit Over 8.3% Share Price Drop --------------------------------------------------------- JED LEMEN, Individually and on Behalf of All Others Similarly Situated, Plaintiff v. REDWIRE CORPORATION f/k/a/ GENESIS PARK ACQUISITION CORP., PETER CANNITO, and WILLIAM READ, Defendants, Case No. 3:21-cv-01254 (M.D. Fla., December 17, 2021) is a class action brought by the Plaintiff, on behalf of persons and entities that purchased or otherwise acquired Redwire securities between August 11, 2021 and November 14, 2021, inclusive, pursuing claims against the Defendants under the Securities Exchange Act of 1934. According to the complaint, on November 15, 2021, before the market opened, Redwire stated that it could not timely file its quarterly report for the period ended September 30, 2021. Due to the pending investigation into the accounting issues at a business subunit, "the Company has not been able to finalize its financial statements or its assessment of the effectiveness of its disclosure controls and procedures and any impact" on the report. On this news, Redwire's stock price fell $0.93, or 8.3%, over two consecutive trading sessions to close at $10.32 per share on November 16, 2021, on unusually heavy trading volume. Throughout the Class Period, Defendants allegedly made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants failed to disclose to investors: (1) that there were accounting issues at one of Redwire's subunits; (2) that, as a result, there were additional material weaknesses in Redwire's internal control over financial reporting; and (3) that, as a result of the foregoing, Defendants' positive statements about the Company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis, says the suit. Redwire purports to offer mission critical space solutions and high reliability components for the next generation space economy, with valuable IP for solar power generation and in-space 3D printing and manufacturing.[BN] The Plaintiff is represented by: Leo W. Desmond, Esq. DESMOND LAW FIRM, P.C. 5070 Highway A1A, Suite D Vero Beach, FL 32963 Telephone: (772) 231-9600 E-mail: lwd@desmondlawfirm.com - and - Robert V. Prongay, Esq. Charles H. Linehan, Esq. Pavithra Rajesh, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 - and - Howard G. Smith, Esq. LAW OFFICES OF HOWARD G. SMITH 3070 Bristol Pike, Suite 112 Bensalem, PA 19020 Telephone: (215) 638-4847 Facsimile: (215) 638-4867 RESURGENT CAPITAL: Adkins Files FDCPA Suit in C.D. California ------------------------------------------------------------- A class action lawsuit has been filed against Resurgent Capital Services LP. The case is styled as Onia M. Adkins, on behalf of herself and all others similarly situated v. Resurgent Capital Services LP, Case No. 5:21-cv-02158 (C.D. Cal., Dec. 29, 2021). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Resurgent Capital Services -- https://www.resurgent.com/ -- is a manager and servicer of domestic and international consumer debt portfolios for credit grantors and debt buyers.[BN] The Plaintiff is represented by: Alejandro Emmanuel Figueroa, Esq. SULAIMAN LAW GROUP, LTD. 2500 S. Highland Avenue, Suite 200 Lombard, IL 60148 Phone: (630) 575-8181 Fax: (630) 575-8188 Email: alejandrof@sulaimanlaw.com RESURGENT CAPITAL: Richards Files FDCPA Suit in E.D. California --------------------------------------------------------------- A class action lawsuit has been filed against Resurgent Capital Services LP., et al. The case is styled as Sandra Kay Richards, individually and on behalf of all others similarly situated v. Resurgent Capital Services LP, LVNV Funding LLC, Case No. 1:21-cv-01817-DAD-BAM (E.D. Cal., Dec. 28, 2021). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Resurgent Capital Services -- https://www.resurgent.com/ -- is a manager and servicer of domestic and international consumer debt portfolios for credit grantors and debt buyers.[BN] The Plaintiff is represented by: Jonathan Aaron Stieglitz, Esq. LAW OFFICES OF JONATHAN STIEGLITZ 11845 W. Olympic Blvd., Suite 800 Los Angeles, CA 90064 Phone: (323) 979-2063 Fax: (323) 488-6748 Email: jonathan.a.stieglitz@gmail.com RUANE CUNIFF: DuCharme Appeals Ruling in Ferguson ERISA Suit ------------------------------------------------------------ Intervenor Arbitration Claimants James DuCharme, et al., filed an appeal from a court ruling entered in the lawsuit entitled MICHAEL L. FERGUSON, MYRL C. JEFFCOAT AND DEBORAH SMITH, on behalf of the DST SYSTEMS, INC. 401(K) PROFIT SHARING PLAN, Plaintiffs v. RUANE CUNNIFF & GOLDFARB INC., DST SYSTEMS, INC., THE ADVISORY COMMITTEE OF THE DST SYSTEMS, INC. 401(K) PROFIT SHARING PLAN, and THE COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF DST SYSTEMS, INC., Defendants, Case No. 1:17-cv-06685-ALC-BCM, in the United States District Court for the Southern District of New York. Michael L. Ferguson, Myrl C. Jeffcoat and Deborah Smith, individually and on behalf of the DST Systems, Inc. 401(k) Profit Sharing Plan, bring the action under 29 U.S.C. Section 1132 against Ruane Cuniff & Goldfarb Inc. ("RCG"); DST Systems, Inc.; The Plan's Advisory Committee; and the Compensation Committee of the Board of Directors of DST Systems, Inc.; for breach of fiduciary duties and other violations of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. Section 1001, et seq. Intervenor Arbitration Claimants DuCharme, et al. and Intervenors Robert Canfield, Bonnie Kartz, Latrecia Onunkwor, Diana Weaver, David Ostermeyer, Mark Mendon and Jill Pehlman, seek review from the Order of the district court enjoining "all members of the Federal Rule of Civil Procedure 23(b)(1) class certified by this Court on August 17, 2021" from "instituting new actions or litigating in arbitration or other proceedings against the DST Defendants matters arising out of or relating to the facts or transactions alleged in the Ferguson amended complaint," entered on November 18, 2021. The appellate case is captioned as Ferguson v. Ruane Cuniff & Goldfarb Inc., Case No. 21-3066, in the United States Court of Appeals for the Second Circuit, filed on December 17, 2021.[BN] Intervenor Arbitration Claimants-Appellants James DuCharme, et al., are represented by: Andrew Schermerhorn, Esq. John M. Klamann, Esq. THE KLAMANN LAW FIRM 4435 Main Street, Suite 150 Kansas City, MO 64111 Telephone: (816) 421-2626 Facsimile: (816) 421-8686 E-mail: ajs@klamannlaw.com jklamann@klamannlaw.com - and - George E. Kapke Jr., Esq. Mike Fleming, Esq. KAPKE & WILLERTH 3304 N.E. Ralph Powell Road Lee's Summit, MO 64064 Telephone: (816) 461-3800 Facsimile: (816) 254-8014 E-mail: ted@kapkewillerth.com mike@kapkewillerth.com - and - William Carr, Esq. WHITE, GRAHAM, BUCKLEY & CARR 19049 East Valley View Parkway Independence, MO 64055 Telephone: (816) 373-9080 Facsimile: (816) 373-9319 E-mail: bcarr@wagblaw.com - and - Kenneth B. McClain, Esq. Chelsea McClain Pierce, Esq. Jonathan M. Soper, Esq. HUMPHREY, FARRINGTON & MCCLAIN 221 West Lexington, Suite 400, P.O. Box 900 Independence, MO 64051 Telephone: (816) 836-5050 Facsimile: (816) 836-8966 E-mail: kbm@hfmlegal.com cmp@hfmlegal.com jms@hfmlegal.com Intervenors-Appellants Robert Canfield, Bonnie Kartz, Latrecia Onunkwor, Diana Weaver, David Ostermeyer, Mark Mendon and Jill Pehlman are represented by: Joshua B. Katz, Esq. KENT, BEATTY & GORDON, LLP Eleven Times Square New York, NY 10036 Telephone: (212) 421-4300 E-mail: jbk@kbg-law.com SC JOHNSON: Ziploc's Protection Claim "Misleading," Says Brown Suit ------------------------------------------------------------------- Errika Brown, individually and on behalf of all others similarly situated v. S.C. Johnson & Son, Inc., Case No. 3:22-cv-50001 (N.D. Ill., Dec. 31, 2021) alleges that Defendant's protection claim is false and misleading because other products provide similar protection. S.C. Johnson & Son, Inc. manufactures, labels, markets, and sells sealable plastic bags in various sizes under its Ziploc brand (Product). According to the complaint, the Product makes claims related to its ability to preserve freshness and provide protection, presumably because of the technology it uses to develop it. Consumers seeing this claim will conclude the Product offers best-in-class protection for whatever they put inside it. The back of the box states, "Bag film tested using ASTM D1709 Dart Drop and ASTM D2582 PPT." ASTM D1709 is the Standard Test Methods for Impact Resistance of Plastic Film by the Free-Falling Dart Method ("Dart Drop Test") and ASTM D2582, is the Standard Test Method for Puncture-Propagation Tear Resistance of Plastic Film and Thin Sheeting ("PPT Test"). The Defendant's reliance on these tests is allegedly misleading because they are not relevant and/or of limited applicability to consumer usage of the Product. The Defendant misleads consumers by not prominently describing and explaining these standards to consumers, including their limitations. Though the small print in the corner attempts to qualify the unbeatable protection by limiting it to punctures and tears, consumers are unlikely to connect the two statements because they are far apart and there is no link between the two claims, added the suit.[BN] The Plaintiff is represented by: Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES, P.C. 60 Cuttermill Rd Ste 409 Great Neck NY 11021 Telephone: (516) 268-7080 E-mail: spencer@spencersheehan.com SMARTSTART EMPLOYMENT: Paolilli Files Suit in Cal. Super. Ct. ------------------------------------------------------------- A class action lawsuit has been filed against SmartStart Employment Screening Inc., et al. The case is styled as Kara Paolilli, Michael Foster, individually and on behalf of themselves and all persons similarly situated v. SmartStart Employment Screening Inc., Does 1 through 25, Case No. CGC21597355 (Cal. Super. Ct., San Francisco Cty., Dec. 29, 2021). The case type is stated as "Business Tort." SmartStart Employment Screening Inc. -- http://www.smartstartemploymentscreeninginc.com/-- is a provider of employment screening and background check services.[BN] The Plaintiffs are represented by: Gayle M. Blatt, Esq. CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD LLP 110 Laurel Street San Diego, CA 92101-1486 Phone: (619) 238.1811 Email: gmb@cglaw.com STATE FARM: Geist Appeals Insurance Contract Suit Dismissal ----------------------------------------------------------- Plaintiff Miranda Geist filed an appeal from a court ruling entered in the lawsuit styled MIRANDA GEIST, individually and on behalf of all others similarly situated v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Case No. 2-21-cv-04447, in the United States District Court for the Eastern District of Pennsylvania. As reported in the Class Action Reporter on October 19, 2021, the lawsuit was removed from the Court of Common Pleas, Philadelphia County, Pennsylvania, to the U.S. District Court for the Eastern District of Pennsylvania on October 8, 2021. The case arises from the Defendant's refusal to provide the Plaintiff's claim of up to $200,000 in stacked underinsured motorist (UIM) coverage in connection with the serious and permanent injuries she sustained in a motor vehicle accident on September 16, 2017. On October 29, 2021, the Defendant filed a motion to dismiss for failure to state a claim. On December 9, 2021, District Judge Joshua D. Wolson entered a Memorandum and/or Opinion Order granting Defendant's motion to dismiss for failure to state a claim. The Plaintiff seeks a review of Judge Wolson's ruling. The appellate case is captioned as Miranda Geist v. State Farm Mutual Automobile Insurance Co., Case No. 21-3315, in the United States Court of Appeals for the Third Circuit, filed on December 16, 2021.[BN] Plaintiff-Appellant MIRANDA GEIST, individually and on behalf of a class of similarly situated persons, is represented by: Scott B. Cooper, Esq. SCHMIDT KRAMER 209 State Street Harrisburg, PA 17101 Telephone: (717) 232-6300 E-mail: scooper@schmidtkramer.com - and - James C. Haggerty, Esq. HAGGERTY GOLDBERG SCHLEIFER & KUPERSMITH 1801 Market Street, Suite 100 Philadelphia, PA 19103 Telephone: (267) 350-6633 E-mail: jhaggerty@hgsklawyers.com - and - Jonathan Shub, Esq. SHUB LAW 134 Kings Highway East, 2nd Floor Haddonfield, NJ 08033 Telephone: (856) 772-7200 E-mail: ecf@shublawyers.com Defendant-Appellee STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. is represented by: Joseph A. Cancila, Jr., Esq. Sondra A. Hemeryck, Esq. RILEY SAFER HOLMES & CANCILA 70 West Madison Street, Suite 2900 Chicago, IL 60602 Telephone: (312) 471-8750 E-mail: jcancila@rshc-law.com shemeryck@rshc-law.com - and - John J. McGrath, Esq. PALMER & BARR 1880 John F. Kennedy Boulevard, Suite 401 Philadelphia, PA 19103 Telephone: (267) 825-7883 E-mail: john.mcgrath@palmerbarr.com T-MOBILE USA: Lang Suit Transferred to W.D. Missouri ---------------------------------------------------- The case styled as Audreana Lauren Lang, individually and on behalf of all others similarly situated v. T-Mobile, USA Inc., Case No. 5:21-cv-06879, was transferred from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Western District of Missouri on Dec. 21, 2021. The District Court Clerk assigned Case No. 4:21-cv-00875-BCW to the proceeding. The nature of suit is stated as Other Fraud. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiff is represented by: Kevin Francis Ruf, Esq. Brian P. Murray, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Phone: (310) 201-9150 Fax: (310) 201-9160 Email: info@glancylaw.com bmurray@glancylaw.com The Defendant is represented by: Stuart Christopher Plunkett, Esq. Kathryn Sena Christopherson, Esq. ALSTON & BIRD LLP 560 Mission Street, Suite 2100 San Francisco, CA 94105 Phone: (415) 243-1057 Fax: (415) 243-1001 Email: stuart.plunkett@alston.com kathryn.christopherson@alston.com T-MOBILE USA: Palomino Suit Transferred to W.D. Missouri -------------------------------------------------------- The case styled as Jose Palomino, individually and on behalf of all others similarly situated v. T-Mobile, USA Inc., Case No. 3:21-cv-16536, was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Western District of Missouri on Dec. 21, 2021. The District Court Clerk assigned Case No. 4:21-cv-00882-BCW to the proceeding. The nature of suit is stated as Other Personal Property for Personal Injury. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiff is represented by: Catherine B. Derenze, Esq. Jeremy Nathan Nash, Esq. Joseph J. DePalma, Esq. LITE DEPALMA GREENBERG & AFANADOR, LLC 570 Broad Street, Ste. 1201 Newark, NJ 07102 Phone: (973) 623-3000 Fax: (973) 623-0858 Email: cderenze@litedepalma.com jnash@litedepalma.com jdepalma@litedepalma.com The Defendant is represented by: Reade William Seligmann, Esq. ALSTON & BIRD LLP 90 Park Avenue, 12th Floor New York, NY 10016 Phone: (212) 210-9453 Email: reade.seligmann@alston.com T-MOBILE USA: Peralta Suit Transferred to W.D. Missouri ------------------------------------------------------- The case styled as Stephanie Peralta, Brian Grady, Michael Jones, on behalf of all similarly situated persons and on behalf of the general public v. T-Mobile, USA Inc., Case No. 5:21-cv-00838, was transferred from the U.S. District Court for the Western District of Oklahoma, to the U.S. District Court for the Western District of Missouri on Dec. 21, 2021. The District Court Clerk assigned Case No. 4:21-cv-00884-BCW to the proceeding. The nature of suit is stated as Other Contract for Account Receivable. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiffs are represented by: Molly E Brantley, Esq. William B. Federman, Esq. Tyler J Bean, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 Phone: (405) 235-1560 Fax: (405) 239-2112 Email: meb@federmanlaw.com wbf@federmanlaw.com tjb@federmanlaw.com The Defendant is represented by: Andrew W Lester, Esq. SPENCER FANE LLP – OKC 9400 N Broadway Extension, Suite 600 Oklahoma City, OK 73114-7423 Phone: (405) 844-9900 Fax: (405) 844-9958 Email: alester@spencerfane.com T-MOBILE USA: Schupler Suit Transferred to W.D. Missouri -------------------------------------------------------- The case styled as Stuart Schupler, individually and on behalf of all similarly situated individuals v. T-Mobile USA Inc., Case No. 2:21-cv-01161, was transferred from the U.S. District Court for the Western District of Washington, to the U.S. District Court for the Western District of Missouri on Dec. 22, 2021. The District Court Clerk assigned Case No. 4:21-cv-00893-BCW to the proceeding. The nature of suit is stated as Other Personal Property. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiffs are represented by: Duncan Calvert Turner, Esq. BADGLEY MULLINS TURNER PLLC 19929 Ballinger Way NE, Ste. 200 Seattle, WA 98155 Phone: (206) 621-6566 Email: dturner@badgleymullins.com The Defendant is represented by: Kristine McAlister Brown, Esq. ALSTON & BIRD LLP (GA) 1201 W PEACHTREE ST ONE ATLANTIC CTR ATLANTA, GA 30309-3432 Phone: (404) 881-7584 Email: kristy.brown@alston.com - and - Kathleen M O'Sullivan, Esq. Lauren Jeffers Tsuji, Esq. Steve Y. Koh, Esq. PERKINS COIE (SEA) 1201 3RD AVE STE 4900 SEATTLE, WA 98101-3099 Phone: (206) 583-8888 Fax: (206) 583-8500 Email: KOSullivan@perkinscoie.com LTsuji@perkinscoie.com SKoh@perkinscoie.com T-MOBILE USA: Shanmukh Suit Transferred to W.D. Missouri -------------------------------------------------------- The case styled as Vagish Shanmukh, individually and on behalf of classes of similarly situated individuals v. T-Mobile, USA Inc., Case No. 5:21-cv-07581, was transferred from the U.S. District Court for the Northern District of California, to the U.S. District Court for the Western District of Missouri on Dec. 21, 2021. The District Court Clerk assigned Case No. 4:21-cv-00876-BCW to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. T-Mobile US, Inc. -- https://www.t-mobile.com/ -- is an American wireless network operator partly owned by German telecommunications company Deutsche Telekom, which has a 43.2% share.[BN] The Plaintiff is represented by: Daniel J. Mogin, Esq. Jennifer Marie Oliver, Esq. Timothy Z LaComb, Esq. MOGINRUBIN LLP 600 West Broadway, Suite 3300 San Diego, CA 92101 Phone: (619) 687-6611 Fax: (619) 687-6610 Email: dmogin@moginrubin.com joliver@moginrubin.com tlacomb@moginrubin.com The Defendant is represented by: Stuart Christopher Plunkett, Esq. Kathryn Sena Christopherson, Esq. ALSTON & BIRD LLP 560 Mission Street, Suite 2100 San Francisco, CA 94105 Phone: (415) 243-1057 Fax: (415) 243-1001 Email: stuart.plunkett@alston.com kathryn.christopherson@alston.com TRILLER INC: Wilson Slams Biometrics Retention Policy ----------------------------------------------------- Tamara Wilson, individually and on behalf of all others similarly situated, Plaintiff, v. Triller, Inc., Defendant, Case No. 21-cv-11228 (S.D. N.Y., December 31, 2021), seeks to recover damages and other relief resulting from violations of the Computer Fraud and Abuse Act, the Video Privacy Protection Act, and various states' consumer protection statutes. Triller maintains and operates a popular social media application "Triller" that allows users to view, share, upload, and create short videos where individuals who wish to upload videos to the platform in addition to viewing posts from other users must download the App and create an account. Wilson claims that Triller violated various state consumer protection and privacy laws -- including obtaining and storing biometric and video viewing information, not providing consumers with a retention schedule for use and storage of biometric information, and tracking and disclosing user watch histories without appropriate consent. Wilson downloaded Triller and used her account for approximately six months, approximately one hour per day. [BN] Plaintiff is represented by: David A. Straite, Esq. DICELLO LEVITT GUTZLER LLC One Grand Central Place 60 East 42nd Street, Suite 2400 New York, NY 10165 Tel: (646) 933-1000 Email: dstraite@dicellolevitt.com - and - Adam J. Levitt, Esq. Amy E. Keller, Esq. James Ulwick, Esq. DICELLO LEVITT GUTZLER LLC Ten North Dearborn Street, Sixth Floor Chicago, IL 60602 Tel.: (312) 214-7900 Email: alevitt@dicellolevitt.com akeller@dicellolevitt.com julwick@dicellolevitt.com - and - Lesley E. Weaver, Esq. Anne K. Davis, Esq. Joshua D. Samra, Esq. BLEICHMAR FONTI & AULD LLP 555 12th Street, Suite 1600 Oakland, CA 94607 Tel.: (415) 445-4003 Email: lweaver@bfalaw.com adavis@bfalaw.com jsamra@bfalaw.com - and - Javier Bleichmar, Esq. BLEICHMAR FONTI & AULD LLP 7 Times Square, 27th Floor New York, NY 10036 Tel.: (212) 789-1340 Email: jbleichmar@bfalaw.com - and - James J. Pizzirusso, Esq. HAUSFELD LLP 888 16th Street, NW, Suite 300 Washington, DC 20006 Tel.: (202) 540-7200 Email: jpizzirusso@hausfeld.com - and - Steven M. Nathan, Esq. HAUSFELD LLP 33 Whitehall St., 14th Floor New York, NY 10004 Tel: (646) 357-1100 Email: snathan@hausfeld.com TRINITY DRYWALL: Workers Slam Misclassification ----------------------------------------------- Hector Miguel Leon Soto and Everardo Villanueva Rangel, individually and on behalf of those similarly situated, Plaintiffs, v. Trinity Drywall and Painting, LLC, Defendant, Case No. 21-cv-02433 (N.D. Ohio, December 31, 2021), seeks to recover monetary damages, liquidated damages or interest, attorneys' fees, and costs, for willful violations of the Fair Labor Standards Act and Ohio labor laws. Trinity is a construction business headquartered in Westlake, Ohio where Plaintiffs were employed from roughly May 2018 through March 8, 2019. Soto and Rangel are Mexican citizens and currently in removal proceedings with pending asylum claims. Both claim that they are not classified as employees given their status therefore, denied minimum wages, regular wages and overtime wages [BN] Plaintiff is represented by: Scott D. Perlmuter, Esq. TITTLE & PERLMUTER 4106 Bridge Ave. Cleveland, OH 44113 Tel: (216) 308-1522 Fax: (888) 604-9299 Email: scott@tittlelawfirm.com UNITED HEALTH: Curry Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against United Health Care Staffing, Inc., et al. The case is styled as Bianca Curry, on behalf of herself and on behalf of all persons similarly situated v. United Health Care Staffing, Inc., On-Call Therapists Inc., Does 1 through 50, inclusive, Case No. CGC21597339 (Cal. Super. Ct., San Francisco Cty., Dec. 28, 2021). The case type is stated as "Other Non-Exempt Complaints." United Health Care Staffing -- https://uhcstaffing.com/ -- is one of the premier Staffing agencies in the USA.[BN] The Plaintiff is represented by: Norman B. Blumenthal, Esq. BLUMENTHAL, NORDREHAUG & BHOWMIK 2255 Calle Clara La Jolla, CA 92037-3107 Phone: 858-551-1223 Fax: 858-551-1232 Email: norm@bamlawca.com VAN'S INTERNATIONAL: Brown Disputes Protein Content in Waffle Mix ----------------------------------------------------------------- Molly Brown, on behalf of herself and those similarly situated, Plaintiffs, v. Van's International Foods, Inc., Defendants, Case No. 22-cv-00001 (N.D. Cal., January 1, 2022), seeks redress for alleged unlawful and deceptive practices in labeling and marketing its consumer food products in violation of California's Business and Professions Code, and the Consumers Legal Remedies Act. Defendant manufactures, distributes, markets, advertises, and sells breakfast food products under the brand name "Vans." Plaintiff has purchased Van's Protein Waffles in Original, Blueberry, and Chocolate Chip flavors, as well as Van's Protein Pancakes in Chocolate Chip flavor from Whole Foods stores in San Rafael and Novato, California and Sprouts stores in San Rafael and Petaluma, California from approximately 2019 to February 2021. Brown claims that said products are unlawfully, unfairly and deceptively misbranded particularly their protein claims on the front of the package; that Van's failed to provide a "a percent daily value" for protein; and that protein claim is in the form of a quantitative amount appearing alone, without any information about protein quality. [BN] Plaintiff is represented by: Seth A. Safier, Esq. Marie McCrary, Esq. Hayley Reynolds, Esq. GUTRIDE SAFIER LLP 100 Pine Street, Suite 1250 San Francisco, CA 94111 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 Email: seth@gutridesafier.com VIKY FURNITURE: Hernandez Seeks Unpaid Wages & OT Under FLSA, NYLL ------------------------------------------------------------------ REYNALDO HERNANDEZ GARCIA, individually and on behalf of others similarly situated, v. VIKY FURNITURE INC. (D/B/A VIKY FURNITURE), BETTY FURNITURE INC. (D/B/A BETTY FURNITURE), ALL FURNITURE INC. (D/B/A ALL FURNITURE INC), and DAVED ALBUKAAI, Case No. 1:21-cv-07191 (E.D.N.Y., Dec. 30, 2021) seeks to recover unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act of 1938 and the New York Labor Law including applicable liquidated damages, interest, attorneys' fees and costs. Mr. Hernandez worked for the Defendants in excess of 40 hours per week, without appropriate minimum wage and overtime compensation for the hours that he worked. Rather, the Defendants failed to maintain accurate recordkeeping of the hours worked, failed to pay the Plaintiff appropriately for any hours worked, either at the straight rate of pay or for any additional overtime premium, the suit says. The Defendants own, operate, or control Furniture Store, located at 2148 East 8th Street Brooklyn, NY 11223 under the name "Viky Furniture."[BN] The Plaintiff is represented by: Catalina Sojo, Esq. CSM LEGAL, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 WBQ USA: Tenzer-Fuchs Files ADA Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against WBQ USA LLC. The case is styled as Michelle Tenzer-Fuchs, on behalf of herself and all others similarly situated v. WBQ USA LLC, Case No. 2:21-cv-07176 (E.D.N.Y., Dec. 29, 2021). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. WBQ USA LLC -- https://www.thewatchbox.com/ -- provides e-commerce services. The Company offers e-commerce platform for the buying, selling, and trading of pre-owned luxury timepieces.[BN] The Plaintiff is represented by: Jonathan Shalom, Esq. SHALOM LAW, PLLC 105-13 Metropolitan Avenue Forest Hills, NY 11375 Phone: (718) 971-9474 Email: jonathan@shalomlawny.com WHOLE FOODS: Faces Jacobs Suit Over Misleading Rice Packaging ------------------------------------------------------------- Leroy Jacobs, individually and on behalf of all others similarly situated v. Whole Foods Market Group, Inc., Case No. 1:22-cv-00002 (N.D. Ill., Dec. 31, 2021) alleges that consumers are misled into believing that they are purchasing substantially more rice than they receive. Whole Foods manufactures, labels, markets, and sells boxes of Long Grain & Wild Rice -- Rice Pilaf, under its 365 brand (Product). The average consumer spends 13 seconds making an in-store purchasing decision. Faced with a large and a smaller box, consumers choose the larger box, thinking it is a better value. Defendant's digital, print, television, and in-store marketing touts its commitment to sustainability and environmental stewardship, formally embodied in corporate policies, says the suit. Allegedly, the Defendant intentionally packages the Product in opaque cardboard containers that are constructed in such a way that does not allow for a visual or audial confirmation of the contents of the Product. Judging from the size of the box, reasonable consumers expect it to be substantially filled with rice and contain the packet of seasoning. However, over 50% of the box is empty space, because the rice and seasoning packages correspond to 3.25 inches on the tape measure, added the suit.[BN] The Plaintiff is represented by: Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES, P.C. 60 Cuttermill Rd Ste 409 Great Neck NY 11021 Telephone: (516) 268-7080 E-mail: spencer@spencersheehan.com WILLIAMSBURG ELECTRIC: Garcia Files FLSA Suit in E.D. New York -------------------------------------------------------------- A class action lawsuit has been filed against Williamsburg Electric, Inc., et al. The case is styled as Adan Mena Garcia, individually and on behalf of all others similarly situated v. Williamsburg Electric, Inc., Moshe Klein, as an individual, Case No. 1:21-cv-07136 (E.D.N.Y., Dec. 28, 2021). The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Williamsburg Electric -- http://williamsburgelectricalservices.com/ -- offers exceptional residential electrical wiring and parking lot lighting services from their company in Williamsburg, Virginia.[BN] The Plaintiff is represented by: Roman M. Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, P.C. 80-02 Kew Gardens Road, Suite 601 Kew Gardens, NY 11415 Phone: (718) 263-9591 Email: avshalumovr@yahoo.com YOUNG'S COMMERCIAL: Martin Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Young's Commercial Transfer, Inc. The case is styled as Vincent A. Martin, individually and on behalf of all others similarly situated v. Young's Commercial Transfer, Inc., Case No. BCV-21-103000 (Cal. Super. Ct., Kern Cty., Dec. 28, 2021). The case type is stated as "Other Employment - Civil Unlimited." Young's Commercial Transfer (YCT) -- https://www.yctinc.com/ -- is the largest dedicated Ag Transport Company in the United States.[BN] The Plaintiff is represented by: Jessica L. Campbell, Esq. AEGIS LAW FIRM 9811 Irvine Center Dr., Ste. 100 Irvine, CA 92618 Phone: 949-379-6250 ********* 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 2022. 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. 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