/raid1/www/Hosts/bankrupt/CAR_Public/220817.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, August 17, 2022, Vol. 24, No. 158
Headlines
17 EDUCATION: Zhang Sues Over False Registration Statements
184 KENT AVENUE: Fails to Provide Proper Wages, Mendoza Says
1ST CHOICE: Davis Sues Over Janitorial Employees' Unpaid Wages
3M COMPANY: AFFF Products Can Cause Cancer, Mitrano Suit Alleges
3M COMPANY: AFFF Products Exposed Firefighters to PFAS, Go Says
3M COMPANY: AFFF Products Exposed Firefighters to PFAS, Vause Says
3M COMPANY: Behrens Suit Alleges Complications From AFFF Products
3M COMPANY: Faces Grant Suit Over AFFF Products' Harmful Effects
3M COMPANY: Gillming Sues Over PFAS Exposure From AFFF Products
3M COMPANY: Graehl Sues Over Side Effects of Using AFFF Products
3M COMPANY: Jones Suit Alleges Complications From AFFF Products
3M COMPANY: Mertz Suit Claims Toxic Exposure From AFFF Products
3M COMPANY: Whelchel Sues Over Side Effects of Using AFFF Products
ABBOTT LABORATORIES: Infant Formulas Contain Bacteria, Rudd Says
ABSOLUTE VALUE: Ramnanan Sues Over Deceptive Appraisal Fee Charges
ACTION INDUSTRIAL: Cromitie Files ADA Suit in S.D. New York
AGREEYA SOLUTIONS: Herndon Files Suit in Cal. Super. Ct.
ALFWEAR INC: Dicks Files ADA Suit in S.D. New York
ALNYLAM PHARMACEUTICALS: Court OKs Settlement of Securities Suit
AMERICAN BOTTLING: Higgins Wage-and-Hour Suit Goes to C.D. Cal.
ASHTEL STUDIOS: BPP TCPA Suit Removed to E.D. Missouri
AUSTRALIAN FOOTBALL: Class Action Mulled Over 2018 Pre-Season Camp
AUTOMATED COLLECTION: Babanawo Files FDCPA Suit in D. Colorado
BACCARAT INC: Toro Files ADA Suit in S.D. New York
BAXTER INTERNATIONAL: Settlement in Silverman Suit Gets Final Nod
BAYCARE HEALTH: Finch Sues Over Denied Payment of Full Bonus
BLACKBEARD OPERATING: Fails to Pay Interest on Late Payments
BLACKROWAN GAMES: Toro Files ADA Suit in S.D. New York
CAMELOT VENTURE GROUP: Dicks Files ADA Suit in S.D. New York
CANADA: RCMP May Face Class Action Suit Over Bullying, Harassment
CAPITAL PLUS FINANCIAL: Greathouse Files Suit in N.D. Texas
CARGILL MEAT: Villa PMWA Suit Removed to E.D. Pennsylvania
CARVANA CO: Rosen Law Firm Reminds of October 3 Deadline
CARVIO LLC: Faces Fleming Suit Over Car Buyers' Unpaid Wages
CENTRAL BOTTLING: Local Consumers Can Sue Over Excessive Pricing
COINBASE GLOBAL: Faces Class Actions Following SEC Probe Reports
COINBASE GLOBAL: Robbins Geller Reminds of October 3 Deadline
COTTAGE IN THE CITY: Iskhakova Files ADA Suit in E.D. New York
CP SKIN HEALTH GROUP: Slade Files ADA Suit in S.D. New York
D'ALMONTE ENTERPRISES: Recio Suit Seeks Proper Wages
DELAVAL INC: Triple S Farms Suit Moved From W.D. Mo. to D. Minn.
DIRECT CABINET: Iskhakova Files ADA Suit in E.D. New York
DM LUXURY LLC: Slade Files ADA Suit in S.D. New York
DOLLAR GENERAL: Brockington Sues Over Mislabeled Graham Products
EQUIFAX INC: Steele Files FCRA Suit in N.D. Georgia
EXPERIAN INFORMATION: Faces FCRA Class Suit Over Security Concerns
FAT CATZ: Fails to Pay Proper Wages, Cossich Suit Alleges
FIAT CHRYSLER: Lawrence Suit Transferred to E.D. Michigan
FIAT CHRYSLER: Olsen Suit Transferred to E.D. Michigan
FIRST FINANCIAL: Spitzer Files FDCPA Suit in S.D. New York
FLAGSTAR BANK: Fails to Protect Customers' Personal Info, Pike Says
G4S SECURE: September 28 Settlement Fairness Hearing Set
GENTLEMAN'S GAZETTE: Zinnamon Files ADA Suit in S.D. New York
GEORGE WASHINGTON: Delacruz Seeks Blind's Equal Access to Website
HEMMERSBACH ONSITE: Decoux Sues Over Unpaid Overtime, Retaliation
HINO MOTORS: Faces Suit Over Deceptive Emissions Testing Results
HOMETEAM PEST: Fails to Pay Minimum & OT Wages, Fejzic Claims
HYUNDAI MOTOR: Faces Class Action Suit Over Easily Stolen Vehicles
HYZON MOTORS: Bragar Eagel Investigates Securities Claims
INLINE NETWORK: Cline Files Suit in N.D. Texas
INSURANCE AUSTRALIA: Quinn Emanuel Files Shareholder Class Action
JD CLEANING: Underpays Cleaning Technicians, Wagner Suit Claims
JECTNYC LLC: Bunting Files ADA Suit in E.D. New York
JOURNEY INN: Fails to Pay Proper Wages, Smyczek Suit Claims
JUUL LABS: Entices Youth to Use E-Cigarette, Wythe County Claims
JUUL LABS: Faces Radford City Suit Over Deceptive E-Cigarette Ads
L'OREAL USA: Faces Class Action in Ill. Over Biometric Collection
LEROCHE BENICOEUR: Smith Sues Over Deceptive Fertility Supplements
MAJESTIC STAR: Underpays Table Games Dealers, Rodriguez Suit Says
MALIHA EBRAHIM: Underpays Childcare Employees, Ford Suit Claims
MARIO BADESCU: Hanyzkiewicz Files ADA Suit in E.D. New York
MASSADA UTILITY: Faces Carman Suit Over Laborers' Unpaid OT Wages
MASSAGE ENVY: Valenzuela Sues Over Illegal Wiretapping
MASTERCARD INC: Faces Antitrust Suit in CA Court
MASTERCARD INC: Faces Antitrust Suit in DC Court
MASTERCARD INC: Faces TCPA Suit in Florida Court
MAZDA CANADA: Faces Class Action Over Defective Locking System
META PLATFORMS: Class Action Over "Imposter Page" Can Proceed
META PLATFORMS: Dismissal of Securities Suit Under Appeal
META PLATFORMS: Faces Class Action for Misleading Investors
META PLATFORMS: Faces Class Action Over Data Tracking Tool
META PLATFORMS: Faces Consumer Suits in California Court
META PLATFORMS: Faces Securities Suit in Various US Courts
META PLATFORMS: Faces Securities Suits in California Court
MOLECULAR PARTNERS: Vincent Wong Reminds of September 12 Deadline
MORGAN STANLEY: Website Inaccessible to Blind Users, Hobbs Says
MOVE INC: Faucett Files Suit Over Unsolicited Marketing Calls
NATIONSTAR MORTGAGE: Washington Suit Removed to N.D. Ohio
NEVZAT ZENELI: Clifton FLSA Suit Moved From E.D. to W.D. Texas
NEWMONT CORPORATION: Ontario Court OKs Discontinuance of Class Suit
NOOT INC: Lukashik Files Suit in C.D. California
NOY LLC: Hanyzkiewicz Files ADA Suit in E.D. New York
NWESTCO LLC: Guerrrero Files Suit in Cal. Super. Ct.
OFFICE FURNITURE: Iskhakova Files ADA Suit in E.D. New York
PAPA HOTEL: Lucero Files Suit Over Discrimination, Improper Wages
PAPE-DAWSON ENGINEERS: Charitat Files Suit in W.D. Texas
PAYCOR INC: Misclassifies Implementation Consultants, Terry Says
PENDLETON COMMUNITY BANK: Lewis Files Suit in N.D. West Virginia
PIPELIFE JET STREAM: Washington Files FLSA Suit in W.D. Arkansas
PLANET WINGS: Zinnamon Files ADA Suit in S.D. New York
PROJECT VERITAS: Gioia et al. Sue Over Failure to Pay OT Wages
PUR SOMA: Slade Files ADA Suit in S.D. New York
QUALCOMM INC: Faces Securities Suit in California Court
QUEST DIAGNOSTICS: Cole Alleges Unlawful Disclosure of Medical Info
RECREATIONAL EQUIPMENT: Velazquez Files ADA Suit in S.D. New York
RENITA LLC: Faces Raslavich Suit Over Unsolicited Telephone Calls
ROLLS-ROYCE MARINE: Bruner Sues Over Failure to Pay Overtime Wages
ROUNDY'S ILLINOIS: Faces Ayed Wage-and-Hour Suit in N.D. Ill.
ROUNDY'S ILLINOIS: Milbourn Suit Alleges Unpaid OT for Workers
SAGE DENTAL: Faces Ellingsworth Suit Over Telemarketing Calls
SAMSUNG ELECTRONICS: Mason Sues Over Defective Electric, Gas Ranges
SANTA MONICA, CA: Sued for Illegal Towing, Impounding of Vehicles
SDDC GOODS: Toro Files ADA Suit in S.D. New York
SEAWORLD PARKS: Freeman Labor Suit Removed to S.D. California
SESAME PLACE: Faces $25MM Racial Discrimination Class Action
SIGNATURE LANDSCAPE: Underpays Landscape Laborers, Valdez Claims
SILVERTHORNE CHEVROLET: Miller Seeks Service Advisors' Unpaid Wages
SPRINGFIELD PIE: Martinez Sues Over Drivers' Unreimbursed Expenses
STARBUCKS CORPORATION: McAllister Files Suit in E.D. California
SUPER EGO: Atkinson Sues Over Deceptive Business Practices
SUTHERLAND GLOBAL: Underpays Customer Service Reps, Roper Claims
T. ROWE PRICE: Settles Employees' ERISA Suit
TG THERAPEUTICS: Shapiro Sues Over 11.53% Share Price Drop
THERMA LLC: Cisneros Labor Code Suit Removed to N.D. California
TRATTORIA TRE: Tenezela Sues Over Restaurant Servers' Unpaid Wages
UNITED STATES: Black Farmers Balk at Medical Marijuana System
UNITED STATES: Martin Sues Over Denied Equal Employment Benefits
UNITED STATES: More XRP Holders Sue Over Unregistered Securities
VENTURE 475 LLC: Jackson Files TCPA Suit in M.D. Pennsylvania
VIBRANT HEALTHCARE: Jackson Files TCPA Suit in M.D. Pennsylvania
WALMART INC: Baker Sues Over Mislabeled Honey Mustard Product
WALONG MARKETING: Faces Rodriguez Suit Over Personal Injury in N.Y.
WEBER INC: Robbins Geller Reminds of September 27 Deadline
WOOLRICH INC: Velazquez Files ADA Suit in S.D. New York
YAS PARTNERS: Zurek Sues Over Unpaid Wages for Delivery Drivers
YES NAKED: Fails to Pay Proper Wages, Alvarado Suit Alleges
ZIBA MODE INC: Hanyzkiewicz Files ADA Suit in E.D. New York
*********
17 EDUCATION: Zhang Sues Over False Registration Statements
-----------------------------------------------------------
ZIQI ZHANG, Individually and on behalf of all others similarly
situated, Plaintiff v. 17 EDUCATION & TECHNOLOGY GROUP INC., ANDY
CHANG LIU, MICHAEL CHAO DU, DUN XIAO, TUCK LYE KOH, COLLEEN A. DE
VRIES, MORGAN STANLEY & CO. LLC, GOLDMAN SACHS (ASIA) L.L.C., BOFA
SECURITIES, INC., CHINA RENAISSANCE SECURITIES (HONG KONG) LIMITED,
TIGER BROKERS (NZ) LIMITED, and COGENCY GLOBAL INC., Defendants,
Case No. 2:22-cv-04937 (C.D. Cal., July 19, 2022) is a class action
on behalf of Plaintiff and all persons or entities who purchased or
otherwise acquired publicly traded 17EdTech securities pursuant
and/or traceable to the registration statement and related
prospectus issued in connection with 17EdTech December 2020 initial
public offering, seeking to recover compensable damages caused by
Defendants' violations of the Securities Act of 1933.
On December 4, 2020, the Defendants held the IPO, issuing
approximately 27,400,000 American Depositary Shares to the
investing public at $10.50 per ADS, pursuant to the Registration
Statement. Throughout the Registration Statement, 17EdTech
neglected to raise the real and existential concerns about the
ongoing discussions and actions of Chinese authorities related to
17EdTech's K-12 education services and instead touted its K-12
Academic AST Services.
According to the complaint, the Defendants' Registration Statements
were materially false and/or misleading because they misrepresented
and failed to disclose adverse facts pertaining to the Company's
business, operations and prospects, which were known to Defendants
or recklessly disregarded by them. Specifically, the Registration
Statement was false and/or misleading and/or failed to disclose
that: (1) Defendant 17EdTech's K-12 Academic AST Services would end
less than a year after the IPO; (2) as part of its ongoing
regulatory efforts, Chinese authorities would imminently curtail
and/or end 17EdTech's core business; and (3) as a result,
Defendants' statements about the Company's business, operations,
and prospects were materially false and misleading and/or lacked a
reasonable basis at all relevant times, says the suit.
17 Education & Technology Group Inc. is an education technology
company in the People's Republic of China which provides K-12
education services.[BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
E-mail: lrosen@rosenlegal.com
184 KENT AVENUE: Fails to Provide Proper Wages, Mendoza Says
------------------------------------------------------------
Samuel Mendoza, individually and on behalf of others similarly
situated, Plaintiff v. 184 Kent Avenue Inc. (DBA La Nonna
Ristorante & Bar), Cono Morena, and Anna Morena, Defendants, Case
No. 1:22-cv-04257 (E.D.N.Y., July 20, 2022) is brought by the
Plaintiff for federal and state claims relating to Defendant's
unpaid overtime wages, failure to maintain records, and the taking
of unlawful deductions pursuant to the Fair Labor Standards, the
New York Labor Law, and related provisions from Title 12 of New
York Codes, Rules and Regulations.
The Plaintiff is a former employee of Defendants who was employed
as a delivery person and dishwasher at La Nonna Ristorante & Bar
located in New York.
184 Kent Avenue Inc. operates a restaurant company in New
York.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
1ST CHOICE: Davis Sues Over Janitorial Employees' Unpaid Wages
--------------------------------------------------------------
BENJAMIN DAVIS, Individually, and on behalf of others similarly
situated, Plaintiff v. 1ST CHOICE SERVICES, LLC, a Virginia Limited
Liability Company and DARYL DUNGEE, an individual, Defendant, Case
No. 3:22-cv-00510-MHL (E.D. Va., July 20, 2022) is brought against
the Defendants as a collective action under the Fair Labor
Standards Act, the Virginia Wage Payment Act, and the Virginia
Overtime Wage Act to recover unpaid overtime compensation, minimum
wages, unauthorized deductions and other damages owed to Plaintiff
and other similarly situated.
The Plaintiff was employed by, and worked for, Defendants as an
hourly-paid janitorial employee from 2019 until 2022, in and at,
various different facilities.
1st Choice Services, LLC is a business providing cleaning and
janitorial services to businesses in the Richmond, Virginia
area.[BN]
The Plaintiff is represented by:
Johneal Moore White, Esq.
GLENN ROBINSON CATHEY MEMMER & SKAFF, PLC
400 Salem Avenue, S.W., Suite 100
Roanoke, VA 24016
Telephone: (540) 767-2206
Facsimile: (540) 767-2220
E-mail: jwhite@glennrob.com
- and -
Robert E. Morelli, III, Esq.
Robert E. Turner, IV, Esq.
JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
E-mail: rmorelli@jysc.com
rturner@jsyc.com
3M COMPANY: AFFF Products Can Cause Cancer, Mitrano Suit Alleges
----------------------------------------------------------------
SHEILA MITRANO, as Personal Representative of the Estate of JOSEPH
MITRANO, deceased, on behalf of himself and all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company), et al., Defendants, Case No.
2:22-cv-02516-RMG (D.S.C., August 1, 2022) is a class action
against the Defendants for negligence, battery, inadequate warning,
design defect, strict liability, fraudulent concealment, breach of
express and implied warranties, and wantonness.
The case arises from personal injury and death of Joseph Mitrano,
the Decedent, as a result of his exposure to the Defendants'
aqueous film forming foam (AFFF) products containing synthetic,
toxic per- and polyfluoroalkyl substances collectively known as
PFAS. The Defendants failed to use reasonable and appropriate care
in the design, manufacture, labeling, warning, instruction,
training, selling, marketing, and distribution of their
PFAS-containing AFFF products and also failed to warn public
entities and civilian firefighters, including the Decedent, who
they knew would foreseeably come into contact with their AFFF
products that use of and/or exposure to the products would pose a
danger to human health. Due to inadequate warning, the Decedent was
exposed to toxic chemicals and was diagnosed with kidney cancer.
The Decedent's diagnosis caused and/or contributed to his death,
says the suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM, P.A.
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Telephone: (305) 375-0111
E-mail: james@ferrarolaw.com
3M COMPANY: AFFF Products Exposed Firefighters to PFAS, Go Says
---------------------------------------------------------------
HENRY GO, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02529-RMG
(D.S.C., August 2, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, alleges the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Products Exposed Firefighters to PFAS, Vause Says
------------------------------------------------------------------
CHERYL VAUSE, as Personal Representative/Administrator/Executor of
the Estate of JACK STANLEY BAIRD, deceased, individually and on
behalf of all others similarly situated, Plaintiff v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No.
2:22-cv-02511-RMG (D.S.C., August 1, 2022) is a class action
against the Defendants for negligence, battery, inadequate warning,
design defect, strict liability, fraudulent concealment, breach of
express and implied warranties, and wantonness.
The case arises from personal injury and death of Jack Stanley
Baird, the Decedent, as a result of his exposure to the Defendants'
aqueous film forming foam (AFFF) products containing synthetic,
toxic per- and polyfluoroalkyl substances collectively known as
PFAS. The Defendants failed to use reasonable and appropriate care
in the design, manufacture, labeling, warning, instruction,
training, selling, marketing, and distribution of their
PFAS-containing AFFF products and also failed to warn public
entities and civilian firefighters, including the Decedent, who
they knew would foreseeably come into contact with their AFFF
products that use of and/or exposure to the products would pose a
danger to human health. Due to inadequate warning, the Decedent was
exposed to toxic chemicals and was diagnosed with prostate cancer.
The Decedent's diagnosis caused and/or contributed to his death,
says the suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Behrens Suit Alleges Complications From AFFF Products
-----------------------------------------------------------------
WILLIAM BEHRENS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02530-RMG
(D.S.C., August 2, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of exposure to the Defendants' aqueous film
forming foam (AFFF) products containing synthetic, toxic per- and
polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, the suit
alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Faces Grant Suit Over AFFF Products' Harmful Effects
----------------------------------------------------------------
JAMES GRANT, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02535-RMG
(D.S.C., August 2, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with skin cancer, the suit
alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Gillming Sues Over PFAS Exposure From AFFF Products
---------------------------------------------------------------
JERRY GILLMING, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY, f/k/a Minnesota Mining and
Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AGC, INC.,
f/k/a Asahi Glass Co., Ltd.; AMEREX CORPORATION; ARCHROMA
MANAGEMENT, LLC; ARCHROMA U.S. INC.; ARKEMA, INC.; individually and
as successor-in-interest to Atofina S.A.; BASF CORPORATION,
individually and as successor-in-interest to Ciba Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION, individually
and as successor-in-interest to Kidde-Fenwal, Inc.; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHUBB FIRE, LTD;
CLARIANT CORPORATION, individually and as successor-in-interest to
Sandoz Chemical Corporation; CORTEVA, INC., individually and as
successor-in-interest to DuPont Chemical Solutions Enterprise;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC, f/k/a Dowdupont
Inc., individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY, individually and as successor-in-interest to DuPont
Chemical Solutions Enterprise; KIDDE-FENWAL, INC., individually and
as successor-in-interest to Kidde Fire Fighting, Inc.; KIDDE PLC,
INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE
CHEMOURS COMPANY, individually and as successor-in-interest to
DuPont Chemical Solutions Enterprise; THE CHEMOURS COMPANY FC, LLC,
individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; TYCO FIRE PRODUCTS LP, individually and as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; and UTC FIRE & SECURITY AMERICAS CORPORATION, f/k/a GE
Interlogix, Inc., Defendants, Case No. 2:22-cv-02512-RMG (D.S.C.,
August 1, 2022) is a class action against the Defendants for
negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, wantonness, and actual and constructive fraudulent
transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, alleges the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma Management, LLC is a specialty chemicals company
headquartered near Basel, Switzerland.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a multinational chemical company, headquartered
in Ludwigshafen, Germany.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
The Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM, P.A.
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Telephone: (305) 375-0111
E-mail: james@ferrarolaw.com
3M COMPANY: Graehl Sues Over Side Effects of Using AFFF Products
----------------------------------------------------------------
EDMUND GRAEHL, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02533-RMG
(D.S.C., August 2, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, alleges the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Jones Suit Alleges Complications From AFFF Products
---------------------------------------------------------------
JOHN JONES, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY, f/k/a Minnesota Mining and
Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AGC, INC.,
f/k/a Asahi Glass Co., Ltd.; AMEREX CORPORATION; ARCHROMA
MANAGEMENT, LLC; ARCHROMA U.S. INC.; ARKEMA, INC.; individually and
as successor-in-interest to Atofina S.A.; BASF CORPORATION,
individually and as successor-in-interest to Ciba Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION, individually
and as successor-in-interest to Kidde-Fenwal, Inc.; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHUBB FIRE, LTD;
CLARIANT CORPORATION, individually and as successor-in-interest to
Sandoz Chemical Corporation; CORTEVA, INC., individually and as
successor-in-interest to DuPont Chemical Solutions Enterprise;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC, f/k/a Dowdupont
Inc., individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY, individually and as successor-in-interest to DuPont
Chemical Solutions Enterprise; KIDDE-FENWAL, INC., individually and
as successor-in-interest to Kidde Fire Fighting, Inc.; KIDDE PLC,
INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE
CHEMOURS COMPANY, individually and as successor-in-interest to
DuPont Chemical Solutions Enterprise; THE CHEMOURS COMPANY FC, LLC,
individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; TYCO FIRE PRODUCTS LP, individually and as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; and UTC FIRE & SECURITY AMERICAS CORPORATION, f/k/a GE
Interlogix, Inc., Defendants, Case No. 2:22-cv-02515-RMG (D.S.C.,
August 1, 2022) is a class action against the Defendants for
negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, wantonness, and actual and constructive fraudulent
transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer, says the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma Management, LLC is a specialty chemicals company
headquartered near Basel, Switzerland.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a multinational chemical company, headquartered
in Ludwigshafen, Germany.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
The Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM, P.A.
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Telephone: (305) 375-0111
E-mail: james@ferrarolaw.com
3M COMPANY: Mertz Suit Claims Toxic Exposure From AFFF Products
---------------------------------------------------------------
THOMAS MERTZ, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02543-RMG
(D.S.C., August 2, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, says the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Whelchel Sues Over Side Effects of Using AFFF Products
------------------------------------------------------------------
WILLIAM WHELCHEL, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY, f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AGC, INC.,
f/k/a Asahi Glass Co., Ltd.; AMEREX CORPORATION; ARCHROMA
MANAGEMENT, LLC; ARCHROMA U.S. INC.; ARKEMA, INC.; individually and
as successor-in-interest to Atofina S.A.; BASF CORPORATION,
individually and as successor-in-interest to Ciba Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION, individually
and as successor-in-interest to Kidde-Fenwal, Inc.; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHUBB FIRE, LTD;
CLARIANT CORPORATION, individually and as successor-in-interest to
Sandoz Chemical Corporation; CORTEVA, INC., individually and as
successor-in-interest to DuPont Chemical Solutions Enterprise;
DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS INC, f/k/a Dowdupont
Inc., individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY, individually and as successor-in-interest to DuPont
Chemical Solutions Enterprise; KIDDE-FENWAL, INC., individually and
as successor-in-interest to Kidde Fire Fighting, Inc.; KIDDE PLC,
INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE
CHEMOURS COMPANY, individually and as successor-in-interest to
DuPont Chemical Solutions Enterprise; THE CHEMOURS COMPANY FC, LLC,
individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; TYCO FIRE PRODUCTS LP, individually and as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; and UTC FIRE & SECURITY AMERICAS CORPORATION, f/k/a GE
Interlogix, Inc., Defendants, Case No. 2:22-cv-02513-RMG (D.S.C.,
August 1, 2022) is a class action against the Defendants for
negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, wantonness, and actual and constructive fraudulent
transfer.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, the suit
alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma Management, LLC is a specialty chemicals company
headquartered near Basel, Switzerland.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a multinational chemical company, headquartered
in Ludwigshafen, Germany.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
The Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM, P.A.
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Telephone: (305) 375-0111
E-mail: james@ferrarolaw.com
ABBOTT LABORATORIES: Infant Formulas Contain Bacteria, Rudd Says
----------------------------------------------------------------
SUZANNE RUDD and BRITNEY WALLS, individually and on behalf of all
others similarly situated, Plaintiffs v. ABBOTT LABORATORIES D/B/A
ABBOTT NUTRITION, Defendant, Case No. 1:22-cv-03704 (N.D. Ill.,
July 18, 2022) is a class action brought by the Plaintiffs on
behalf of themselves and on behalf of Classes of similarly situated
consumers against Defendant Abbott Laboratories d/b/a Abbott
Nutrition who purchased certain powdered infant formulas
manufactured and sold by Abbott.
According to the complaint, the FDA announced that it is
investigating consumer complaints of Cronobacter sakazakii and
Salmonella Newport infections connected to powdered infant formula
products produced by Abbott. These products may contain Cronobacter
sakazakii and Salmonella Newport bacteria, which when consumed, can
result in serious adverse health effects, including sepsis,
meningitis, poor feeding, irritability, fever, jaundice, grunting
breaths, abnormal movements, and bowel damage, says the suit.
Despite the recall, Abbott is not crediting or replacing affected
Recalled Products, which many parents and caretakers rely on daily
to feed and care for their children, the suit alleges.
As a result of Abbott's alleged unfair, deceptive, and/or
fraudulent business practices, consumers of these products,
including Plaintiffs, have suffered an ascertainable loss,
injury-in-fact, and otherwise have been harmed by Abbott's
conduct.
Abbott Laboratories is an American multinational medical devices
and health care company with headquarters in Abbott Park,
Illinois.[BN]
The Plaintiffs are represented by:
Timothy J. Becker, Esq.
Jacob R. Rusch, Esq.
Zackary S. Kaylor, Esq.
JOHNSON BECKER, PLLC
444 Cedar Street, Suite 1800
Saint Paul, MN 55101
Telephone: (612) 436-1800
Facsimile: (612) 436-1801
E-mail: tbecker@johnsonbecker.com
jrusch@johnsonbecker.com
zkaylor@johnsonbecker.com
- and -
Peter J. Flowers, Esq.
Michael W. Lenert, Esq.
MEYERS & FLOWERS, LLC
3 North Second Street, Suite 300
St. Charles, IL 60174
Telephone: (630) 232-6333
E-mail: pjf@meyers-flowers.com
mwl@meyers-flowers.com
ABSOLUTE VALUE: Ramnanan Sues Over Deceptive Appraisal Fee Charges
------------------------------------------------------------------
MARIAN RAMNANAN, Plaintiff v. ABSOLUTE VALUE MANAGEMENT CORP., a
foreign corporation, Defendant, Case No. CACE-22-010536 (Fla. Cir.,
17th Judicial, Broward Cty., July 19, 2022) is a class action
brought by the Plaintiff, on behalf of herself and all others
similarly situated, against the Defendant for unjust enrichment and
violation of the Florida Deceptive and Unfair Trade Practices Act
arising from its deceptive and improper practices relating to the
provision of appraisal services to borrowers seeking mortgages.
According to the complaint, the Defendant enriches itself at the
expense of home mortgage borrowers such as Plaintiff by forcing
appraisers to accept payments for conducting appraisals that are
significantly lower than the amount that a borrower pays to her
lender for the appraisal service. Thus, while a borrower may pay an
appraisal fee as part of her mortgage transaction, often ranging
from several hundred dollars to over $1,000, Absolute Value pays
the appraiser a small fraction of the borrower's appraisal payment,
keeping the remainder for itself without providing equivalent
value, says the suit.
Absolute Value, like other appraisal management companies (AMCs),
never discloses the disproportionate fee it charges borrowers like
Plaintiff because if it did, mortgage borrowers would see how AMCs
like Absolute Value inflate the costs of appraisals with no
discernible benefit to the borrowers or appraiser, the suit
alleges.
Absolute Value is a leading provider of appraisal management
services in Florida and throughout the United States.[BN]
The Plaintiff is represented by:
Alec H. Schultz, Esq.
HILGERS GRABEN PLLC
1221 Brickell Avenue, Suite 900
Miami, FL 33131
Telephone: (305) 630-8304
E-mail: aschultz@hilgersgraben.com
ACTION INDUSTRIAL: Cromitie Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Action Industrial
Supply Co. The case is styled as Seana Cromitie, on behalf of
herself and all others similarly situated v. Action Industrial
Supply Co., Case No. 1:22-cv-06750 (S.D.N.Y., Aug. 9, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Action Industrial Supply -- https://www.actionis.com/ -- is both an
online and offline supplier of safety products, engineered systems,
industrial, and janitorial material.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (845) 367-7146
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
AGREEYA SOLUTIONS: Herndon Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Agreeya Solutions
Inc. The case is styled as Kassandra Herndon, and on behalf of
other members of the general public similarly situated v. Agreeya
Solutions Inc., Does 1-25, Case No. 34-2022-00324963-CU-OE-GDS
(Cal. Super. Ct., Sacramento Cty., Aug. 10, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
AgreeYa Solutions -- https://agreeya.com/ -- is a leading global
provider of software, solutions and services to small, medium and
Fortune 100 organizations.[BN]
The Plaintiff is represented by:
Jonathan M. Genish, Esq.
BLACKSTONE LAW
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 855-786-6355
Fax: 855-786-6356
Email: jgenish@blackstonepc.com
ALFWEAR INC: Dicks Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Alfwear Inc. The case
is styled as Valerie Dicks, on behalf of herself and all others
similarly situated v. Alfwear Inc., Case No. 1:22-cv-06808-VSB
(S.D.N.Y., Aug. 10, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Alfwear Inc. doing business as Kuhl -- https://www.kuhl.com/ -- is
a privately owned manufacturer of outerwear and an online store for
the highest quality hiking pants and shorts, performance shirts,
outerwear, and outdoor clothing.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
ALNYLAM PHARMACEUTICALS: Court OKs Settlement of Securities Suit
----------------------------------------------------------------
Alnylam Pharmaceuticals, Inc. disclosed in its Form 10-Q Report for
the quarterly period ended June 30, 2022, filed with the Securities
and Exchange Commission on July 28, 2022, that final approval to
the settlement has been granted by the court in April 2022.
On September 12, 2019, the Chester County Employees Retirement
Fund, individually and on behalf of all others similarly situated,
filed a purported securities class action complaint alleging
violation of federal securities laws against the company, certain
of its current and former directors and officers, and the
underwriters of its November 14, 2017 public stock offering, in the
Supreme Court of the State of New York, New York County.
In August 2021 the parties reached an agreement in principle to
resolve the matter. At a hearing on April 12, 2022, the Supreme
Court of the State of New York granted final approval to the
settlement. Proceedings in the First Department were adjourned
until April 2022, pending final approval of any settlement, and
were withdrawn as a result of final approval on April 18, 2022.
Alnylam Pharmaceuticals, Inc. is a commercial-stage
biopharmaceutical company based in Massachusetts.
AMERICAN BOTTLING: Higgins Wage-and-Hour Suit Goes to C.D. Cal.
---------------------------------------------------------------
The case styled CURTIS HIGGINS, individually and on behalf of all
others similarly situated v. THE AMERICAN BOTTLING COMPANY and DOES
1 through 10, Case No. 22STCV13127, was removed from the Superior
Court of the State of California, Los Angeles County, to the U.S.
District Court for the Central District of California on August 1,
2022.
The Clerk of Court for the Central District of California assigned
Case No. 2:22-cv-05351 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California's Unfair Competition Law
including failure to reimburse employee expenses, failure to pay
minimum wages, failure to pay statutory overtime, failure to
provide compliant rest periods, waiting time penalties, and unfair
competition.
The American Bottling Company is a beverage company headquartered
in Plano, Texas. [BN]
The Defendant is represented by:
Daniel Whang, Esq.
Laura E. Ileyne, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067
Telephone: (310) 277-7200
Facsimile: (310) 201-5219
E-mail: dwhang@seyfarth.com
lheyne@seyfarth.com
ASHTEL STUDIOS: BPP TCPA Suit Removed to E.D. Missouri
------------------------------------------------------
The case styled BPP, on behalf of itself and all others similarly
situated v. ASHTEL STUDIOS, INC., Case No. 22SL-CC02900, was
removed from the Missouri Circuit Court for the Twenty-First
Judicial Circuit for the County of St. Louis to the U.S. District
Court for the Eastern District of Missouri on August 1, 2022.
The Clerk of Court for the Eastern District of Missouri assigned
Case No. 4:22-cv-00802 to the proceeding.
The case arises from the Defendant's alleged violations of the
Telephone Consumer Protection Act of 1991.
Ashtel Studios, Inc. is a dental supply store, with its principal
place of business in Ontario, California. [BN]
The Defendant is represented by:
Amanda Pennington Ketchum, Esq.
Michael Judy, Esq.
DYSART TAYLOR COTTER McMONIGLE & BRUMITT, P.C.
700 West 47th Street, Suite 410
Kansas City, MO 64112
Telephone: (816) 931-2700
Facsimile: (816) 931-7377
E-mail: aketchum@dysarttaylor.com
mjudy@dysarttaylor.com5450
- and –
Sridavi Ganesan, Esq.
ROME & ASSOCIATES, A.P.C.
2029 Century Park East, Suite 450
Los Angeles, CA 90067
Telephone: (310) 282-0690
Facsimile: (310) 282-0691
E-mail: sganesan@romeandassociates.com
AUSTRALIAN FOOTBALL: Class Action Mulled Over 2018 Pre-Season Camp
------------------------------------------------------------------
Lavender Baj, wriitng for Junkee, reports that a number of Adelaide
Crows players are reportedly considering filing a class action
lawsuit against the club and the AFL over the infamous 2018
pre-season camp that former player Eddie Betts described in his new
biography, The Boy From Boomerang Crescent.
Details about the camp were brought to light in Betts' book, in
which he also described harrowing accounts of racism he endured
throughout his career, and claims he was told to stay silent over.
Betts also described how the camp allegedly used personal details
about his life and childhood to verbally abuse him in front of his
teammates in a traumatic initiation exercise. Betts described the
experience as "traumatising", and asserted it had "broken him to
tears".
Following Betts' decision to share his story, other players
involved in the camp have spoken out to validate his claims and
share their own experiences.
In an interview with Melbourne's SEN radio station, retired player
and former teammate Josh Jenkins alleged that the club's welfare
manager was "iced out" of discussions regarding the infamous camp,
and has called for the report written by club doctor Marc Cesana
after the camp to be made public.
"No one has ever acted on that report, which I know is damning,"
Jenkins told SEN. "The report must see the light of day. It's the
only example of a medical professional who had day-to-day dealings
with the people and players who were involved. He was concerned
about us."
"He expressed his disappointment to me about what happened to us,
but never disclosed the details of what he'd discussed with other
players."
Bryce Gibbs has also broken his silence on the camp, saying that he
regrets not speaking up sooner.
"Reflecting on those ongoing conversations when we were trying to
flush it out, I do regret not speaking up when I probably should've
been a more experienced and senior player of that group," he told
SEN.
While both the club and AFL CEO Gillon McLachlan have since issued
apologies to Betts, prominent sports lawyer Greg Griffin has told
the ABC that a class action is being considered.
The class action, if players choose to take that route, would be
based on the allegation that the AFL and Adelaide Crows' contract
with players was breached.
"They now very much are emboldened by the fact that the public and
also the Crows and the AFL are now, for the first time, looking
like coming clean as to what actually happened," Griffin told the
ABC.
A class action lawsuit -- which would need to be filed with the
Supreme Court of Victoria -- requires seven members to proceed, but
Griffin claims he has already spoken to enough players to exceed
this minimum.
"I think the players are now galvanised to say 'well, we've had
enough of this'," said Griffin. "A lot of them have stopped playing
football, a lot of them are still suffering as a consequence of
what happened on that camp."
While the AFL has apologised to Betts and has implemented
recommendations following an investigation into the camp back in
2018, it ultimately found that the camp did not violate industry
rules. [GN]
AUTOMATED COLLECTION: Babanawo Files FDCPA Suit in D. Colorado
--------------------------------------------------------------
A class action lawsuit has been filed against Automated Collection
Services, Inc. The case is styled as Pierrot Babanawo, individually
and on behalf of all others similarly situated v. Automated
Collection Services, Inc., Case No. 1:22-cv-02024-NRN (D. Colo.,
Aug. 10, 2022).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Automated Collection Services -- https://automatedcollections.com/
-- provides total recovery management services to the higher
education, healthcare, government, financial markets.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601-2726
Phone: (201) 282-6500
Email: ysaks@steinsakslegal.com
BACCARAT INC: Toro Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Baccarat, Inc. The
case is styled as Luis Toro, on behalf of himself and all others
similarly situated v. Baccarat, Inc., Case No. 1:22-cv-06782
(S.D.N.Y., Aug. 9, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Baccarat, Inc. -- https://www.baccarat.com/ -- retails durable
products online. The Company offers jewelry, decoration, bar and
tableware, lightings, and gifts.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
BAXTER INTERNATIONAL: Settlement in Silverman Suit Gets Final Nod
-----------------------------------------------------------------
Baxter International Inc. disclosed in its Form 10-Q Report for the
quarterly period ended June 30, 2022, filed with the Securities and
Exchange Commission on July 28, 2022, that the final approval of a
settlement in the case captioned "Ethan E. Silverman et al. v.
Baxter International Inc. et al." was granted in August 2021.
In November 2019, the company and certain of its officers were
named in a class action complaint captioned "Ethan E. Silverman et
al. v. Baxter International Inc. et al." that was filed in the
United States District Court for the Northern District of Illinois.
The plaintiff, who allegedly purchased shares of the company's
common stock during the specified class period, filed this putative
class action on behalf of himself and shareholders who acquired
Baxter common stock between February 21, 2019 and October 23, 2019.
The plaintiff alleged that the company and certain officers
violated Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder by making allegedly
false and misleading statements and failing to disclose material
facts relating to certain intra-company transactions undertaken for
the purpose of generating foreign exchange gains or avoiding
foreign exchange losses, as well as internal controls over
financial reporting.
On January 29, 2020, the Court appointed Varma Mutual Pension
Insurance Company and Louisiana Municipal Police Employees
Retirement System as lead plaintiffs in the case. Plaintiffs filed
an amended complaint on June 25, 2020 containing substantially the
same allegations.
On August 24, 2020, the company filed a motion to dismiss the
amended complaint. On January 12, 2021, the Court granted the
company's motion to dismiss the amended complaint but gave
plaintiffs an opportunity to file a further-amended complaint.
The parties reached an agreement to settle the case for $16
million, subject to the completion of confirmatory discovery and
final approval by the Court. The Court granted final approval of
the settlement on August 11, 2021 and the settlement became
effective on September 13, 2021.
Baxter International Inc. is into surgical & medical instruments
and apparatus based in Illinois.
BAYCARE HEALTH: Finch Sues Over Denied Payment of Full Bonus
------------------------------------------------------------
TIMOTHY FINCH, individually and on behalf of all others similarly
situated, Plaintiff v. BAYCARE HEALTH SYSTEM, INC., Defendant, Case
No. 8:22-cv-01721 (M.D. Fla., August 1, 2022) is a class action
against the Defendant for violation of the Uniformed Services
Employment and Reemployment Rights Act.
The case arises from the Defendant's refusal to pay the Plaintiff
full bonus based on his service in the uniformed services in
violation of USERRA. The Defendant argued that since did not work
throughout the entirety of 2021, he did not qualify for the full
bonus. However, similarly situated employees received full bonuses,
says the suit.
The Plaintiff worked for the Defendant as a Registered Respiratory
Therapist in or around April 2019.
BayCare Health System, Inc. is a provider of health care services,
headquartered in Tampa, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Owens, Esq.
Christopher Gray, Esq.
FLORIN GRAY BOUZAS OWENS, LLC
16524 Pointe Village Drive, Suite 100
Lutz, FL 33558
Telephone: (727)254-5255
Facsimile: (727)483-7942
E-mail: greg@fgbolaw.com
chris@fgbolaw.com
BLACKBEARD OPERATING: Fails to Pay Interest on Late Payments
------------------------------------------------------------
GREGG B. COLTON; and CINDY H. COLTON, as trustee of the GREGG B.
COLTON TRUST, individually and on behalf of all others similarly
situated, Plaintiff v. BLACKBEARD OPERATING, LLC, Defendants, Case
No. CJ22170 (D. OK., Aug. 5, 2022) alleges violation of the
Oklahoma's Production Revenue Standards Act related to the payment
of oil or gas production proceeds to owners.
According to the Plaintiff in the complaint, the Defendant knows it
is bound by statute to pay interest on late payments, but it has
consistently ignored these obligations and has intentionally
violated the PRSA.
BLACKBEARD OPERATING, LLC operates as a privately held exploration
and production company. The Company focuses on acquisitions of new
assets and the development of existing assets through low risk
drilling, recompletion, and workover programs. Blackbeard Operating
serves customers in the State of Texas.[BN]
The Plaintiff is represented by:
James R. Hicks, Esq.
Trevor R. Henson, Esq.
BARROW and GRIMM, P.C.
110 W. Seventh St., Ste. 900
Tulsa, OK 74119
Telephone: (918)584-1600
Email: jhicks@barrowgrimm.com
thenson@barrowgrimm.com
BLACKROWAN GAMES: Toro Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Blackrowan Games,
LLC. The case is styled as Andrew Toro, on behalf of himself and
all others similarly situated v. Blackrowan Games, LLC, Case No.
1:22-cv-06800-LJL (S.D.N.Y., Aug. 10, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Blackrowan Games -- https://www.blackrowangames.com/ -- is Tracy's
own Friendly Local Game Store with a selection of board games,
roleplaying (RPGs) and storytelling games.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
CAMELOT VENTURE GROUP: Dicks Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Camelot Venture Group
LLC. The case is styled as Victoria Dicks, on behalf of herself and
all others similarly situated v. Camelot Venture Group LLC, Case
No. 1:22-cv-06809 (S.D.N.Y., Aug. 10, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Camelot Venture Group -- https://www.camelotvg.com/ -- is a private
investment group, invests primarily in direct to consumer
companies, including online, retail, and more.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
CANADA: RCMP May Face Class Action Suit Over Bullying, Harassment
-----------------------------------------------------------------
Jim Bronskill, writing for The Canadian Press, reports that the
federal government is fighting a proposed class-action lawsuit
against the RCMP over bullying and intimidation of members, saying
the national police force already has a comprehensive policy on
harassment and the Mounties have made strides toward
modernization.
In a submission to the Federal Court of Canada, lawyers
representing the attorney general argue the action spearheaded by
two veteran male Mounties, Geoffery Greenwood and Todd Gray, should
not be certified.
"This motion is not about whether there is, or has been a
harassment problem in the RCMP, or even whether the RCMP leadership
has appropriately responded to the problem," the federal submission
says.
"The sole question is whether the proposed claims ought to proceed
through the vehicle of a class action. The proposed action fails to
satisfy even the law threshold for certification."
The RCMP has already settled class-action lawsuits involving
millions of dollars of payouts for discrimination, bullying and
harassment involving female RCMP members and those who served the
force in non-policing roles from 1974 onwards.
The current case is more general, applying to employees, including
men, who worked for the RCMP in a wide array of roles over the
decades. It would, however, exclude women already covered by the
other class actions.
Greenwood and Gray, both of whom live in Alberta, allege they were
among those subjected to a culture of systemic bullying,
intimidation and harassment that was fostered and condoned by the
RCMP leadership.
They claim such behaviour was bolstered by barriers that "amplified
a stark power imbalance" within the paramilitary structure of the
force and prevented members from engaging in collective bargaining
or other meaningful redress.
The sole avenue of recourse was through members of the chain of
command who were either involved in such behaviour themselves or
protected the perpetrators, the plaintiffs say. "This in turn
created a toxic work environment, characterized by abuse of power
and fear of reprisal."
More than 800 potential class members from across the country had
contacted lawyers handling the action as of last October.
The motion for certification was argued in part during two days of
hearings last month. No court date has been set to complete the
arguments.
The RCMP has "unequivocally acknowledged" the problem of bullying
and harassment and is taking concrete steps to address it, the
federal submission says.
"Indeed, concerted and ongoing efforts and resources have been
directed to preventing and properly addressing conduct which is,
and has always been, contrary to the RCMP Code of Conduct and RCMP
policies."
The Trudeau government has directed new commissioner Brenda Lucki
to make the national police force representative of Canada's
diverse population by embracing gender parity and ensuring that
women, Indigenous members and minority groups are better reflected
in the upper ranks.
The RCMP has worked to implement the scores of recommendations
flowing from reports in recent years that documented the police
force's shortcomings, the federal lawyers say. The suggestion that
the RCMP actions are insufficient and that a class action is the
only way to bring about change ignores these efforts, they add.
"Ensuring a robust internal-recourse disciplinary regime that
effectively addresses inappropriate conduct is essential to
changing the culture of the RCMP."
The federal lawyers argue the case for certification also fails
because the courts have consistently declined -- save for the most
exceptional circumstances -- to assume jurisdiction over workplace
disputes covered by comprehensive grievance and other specialized
recourse schemes.
The existing workplace dispute-resolution and compensation regimes
are preferable "and will be undermined if this action is
certified," the submission says.
Further, the lawyers argue, the proposed class definition is
"overly broad and indeterminate," stretching back to the oldest
individual who was, at any point, employed by the RCMP.
Apart from the lead plaintiffs' own experiences as regular-force
members, there is no evidence of people in other RCMP employment
categories who have suffered injuries as a result of harassment,
the submission says. [GN]
CAPITAL PLUS FINANCIAL: Greathouse Files Suit in N.D. Texas
-----------------------------------------------------------
A class action lawsuit has been filed against Capital Plus
Financial, LLC, et al. The case is styled as Eric Greathouse,
Ernesto Covarrubias, Tiffany Sumrall, Barbara Myles, Cori Pericho,
John Pinkney, Joshua Smith, Alicia Mena, individually and on behalf
of all others similarly situated v. Capital Plus Financial, LLC,
Crossroads Impact Corp., Eric A. Donnelly, Robert H. Alpert, Case
No. 4:22-cv-00686-P (N.D. Tex., Aug. 9, 2022).
The nature of suit is stated as Other Contract for Breach of
Contract.
Capital Plus Financial, LLC -- https://capitalplusfin.com/home/ --
is a minority-owned, full-service mortgage brokerage company based
in Chandler, Arizona.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP PLLC
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
CARGILL MEAT: Villa PMWA Suit Removed to E.D. Pennsylvania
----------------------------------------------------------
The case styled JENNIFER VILLA and SUSAN DAVIDSON, individually and
on behalf of all others similarly situated v. CARGILL MEAT
SOLUTIONS CORPORATION, Case No. 21101004, was removed from the
Court of Common Pleas of Philadelphia County to the U.S. District
Court for the Eastern District of Pennsylvania on August 2, 2022.
The Clerk of Court for the Eastern District of Pennsylvania
assigned Case No. 2:22-cv-03035 to the proceeding.
The case arises from the Defendant's alleged failure to pay the
Plaintiffs and similarly situated production workers for the COVID
screening time and walking/waiting time in violation of the
Pennsylvania Minimum Wage Act.
Cargill Meat Solutions Corporation with its principal place of
business in Kansas. [BN]
The Defendant is represented by:
Elizabeth A. Malloy, Esq.
Jason A. Cabrera, Esq.
COZEN O'CONNOR
1650 Market Street, Suite 2800
Philadelphia, PA 19103
Telephone: (215) 665-4792
E-mail: emalloy@cozen.com
jcabrera@cozen.com
- and –
Jeremy J. Glenn, Esq.
COZEN O'CONNOR
123 North Wacker Drive, Suite 1800
Chicago, IL 60606
Telephone: (312) 474-7981
E-mail: jglenn@cozen.com
CARVANA CO: Rosen Law Firm Reminds of October 3 Deadline
--------------------------------------------------------
Rosen Law Firm, a global investor rights law firm, reminds
purchasers of the securities of Carvana Co. (NYSE: CVNA) between
May 6, 2020 and June 24, 2022, both dates inclusive (the "Class
Period"), of the important October 3, 2022 lead plaintiff deadline
in the securities class action commenced by the firm.
SO WHAT: If you purchased Carvana securities during the Class
Period you may be entitled to compensation without payment of any
out of pocket fees or costs through a contingency fee arrangement.
WHAT TO DO NEXT: To join the Carvana class action, go to
https://rosenlegal.com/submit-form/?case_id=6457 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or
cases@rosenlegal.com for information on the class action. A class
action lawsuit has already been filed. If you wish to serve as lead
plaintiff, you must move the Court no later than October 3, 2022. A
lead plaintiff is a representative party acting on behalf of other
class members in directing the litigation.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually handle securities class actions, but are merely middlemen
that refer clients or partner with law firms that actually litigate
the cases. Be wise in selecting counsel. The Rosen Law Firm
represents investors throughout the globe, concentrating its
practice in securities class actions and shareholder derivative
litigation. Rosen Law Firm has achieved the largest ever securities
class action settlement against a Chinese Company. Rosen Law Firm
was Ranked No. 1 by ISS Securities Class Action Services for number
of securities class action settlements in 2017. The firm has been
ranked in the top 4 each year since 2013 and has recovered hundreds
of millions of dollars for investors. In 2019 alone the firm
secured over $438 million for investors. In 2020, founding partner
Laurence Rosen was named by law360 as a Titan of Plaintiffs' Bar.
Many of the firm's attorneys have been recognized by Lawdragon and
Super Lawyers.
DETAILS OF THE CASE: According to the lawsuit, defendants
throughout the Class Period made false and/or misleading statements
and/or failed to disclose that: (1) Carvana faced serious, ongoing
issues with documentation, registration, and title with many of its
vehicles; (2) as a result, Carvana was issuing unusually frequent
temporary plates; (3) as a result of the foregoing, Carvana was
violating laws and regulations in many existing markets; (4) as a
result of the foregoing, Carvana risked its ability to continue
business and/or expand its business in existing markets; (5) as a
result of the foregoing, Carvana was at an increased risk of
governmental investigation and action; (6) Carvana was in
discussion with state and local authorities regarding the
above-stated business tactics and issues; (7) Carvana was facing
imminent and ongoing regulatory actions including license
suspensions, business cessation, and probation in several states
and counties including in Arizona, Illinois, Pennsylvania,
Michigan, and North Carolina; and (8) as a result, defendants'
statements about Carvana's business, operations, and prospects,
were materially false and misleading and/or lacked a reasonable
basis at all relevant times. When the true details entered the
market, the lawsuit claims that investors suffered damages.
To join the Carvana class action, go
https://rosenlegal.com/submit-form/?case_id=6457 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email pkim@rosenlegal.com or
cases@rosenlegal.com for information on the class action.
No Class Has Been Certified. Until a class is certified, you are
not represented by counsel unless you retain one. You may select
counsel of your choice. You may also remain an absent class member
and do nothing at this point. An investor's ability to share in any
potential future recovery is not dependent upon serving as lead
plaintiff.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
lrosen@rosenlegal.com
pkim@rosenlegal.com
cases@rosenlegal.com
www.rosenlegal.com [GN]
CARVIO LLC: Faces Fleming Suit Over Car Buyers' Unpaid Wages
------------------------------------------------------------
ELIJAH FLEMING, individually, and on behalf of others similarly
situated, Plaintiff v. CARVIO, LLC, and CARVIO, INC., Defendants,
Case No. 1:22-cv-04262-PKC-RER (S.D.N.Y., July 20, 2022) is brought
against the Defendants under the Fair Labor Standards Act and the
New York Labor Law for failure to pay minimum and overtime wages,
failure to provide written notices, and failure to furnish accurate
wage statements.
Plaintiff Fleming was an employee of Defendants and was employed
remotely as a car buyer in Brooklyn, New York from November 8, 2021
until February 5, 2022.
The Defendants own, operate, or control a car business located in
San Marcos California.[BN]
The Plaintiff is represented by:
Daniel Tannenbaum, Esq.
580 Fifth Avenue, Suite 820
New York, NY 10036
Telephone: (212) 457-1699
CENTRAL BOTTLING: Local Consumers Can Sue Over Excessive Pricing
----------------------------------------------------------------
Konstantin Voropaev of Elbert, Nazaretsky, Rakov & Co, in an
article for Kluwer Competition Law Blog, disclosed that at the end
of July, the Supreme Court of Israel issued a judgment giving local
consumers the right to submit class-action suits against dominant
companies in case of exorbitantly high prices.
Background
The dominant company at stake, Central Bottling, deals with the
production, marketing and distribution of brands of the global
Coca-Cola Company. This company serves as a franchisee of Coca-Cola
for the production and marketing of Coca-Cola drinks in the Israeli
market, and during the years 2005 to 2015, it consistently held
about 90% of this market share.
Consumers claimed in a representative class action proceeding
represented by Mr Ronan Gafniel that Central Bottling is abusing
its position as a dominant company in the cola beverage market in
Israel to charge an excessive price for a Coca-Cola drink in a
1.5-litre bottle.
The case, which ended up at the Supreme Court, required to tackle
several questions: does the Israeli competition law prohibit a
dominant company from establishing an excessive price for a product
or service? If so, what are the conditions for the application of
this prohibition? Also, is a class-action suit an appropriate legal
remedy for such a case?
Excessive price as an antimonopoly violation
Section 29a(a) of the Competition Law establishes a general
provision prohibiting a dominant company from abusing its position
in a market in a way that could reduce the competition or harm the
public. In section 29a(b) a list of alternatives is detailed,
establishing a presumption that such action amounts to behaviour
that constitutes an abuse of dominance. Section 29a(b)(1)
establishes rules according to which the determination of the level
of unfair buying or selling prices of the property or service
constitutes an abuse of dominance.
The main substantive question arising before the Court is not
extraordinary and is known from other jurisdictions: to what extent
can the judicial body intervene in free market price regulation?
The judicial authorities considered that the aspiration to promote
consumer welfare through the protection of competition in the
Israeli economy is at the core of the competition law provisions.
The basic concept in this context is that free competition benefits
consumers and increases welfare. At the same time, the judicial
authorities should be cautious and righteous because of the general
principles of laisser-faire.
Using and citing the case law from the European Union, the Court
proposed a test for excessive pricing. Firstly, the plaintiff
should prove that the dominant company's price is excessive. To
prove this fact, a plaintiff can use several legal assessment tests
like evaluation of costs, profitability, and comparison. Secondly,
if an excessive price is established, a defendant must provide a
rationale for this price.
Ultimately, in this case, the Court concluded that three essential
factors can confirm a violation of competition law in case of
excessive pricing. The defendant avoided revealing information
necessary to clarify the cause of the excessive price, has a
significant market share in the Israeli market, and there is a
significant gap between the price of the product and the prices of
the competitors' products.
The European case law as an example for further development
Despite the fact that the Court noted that foreign law does not
bind in the interpretation of the Israeli law and Israeli economy
is a unique economy with different characteristics from the
European economy (paragraph 40), paragraphs 33, 34 and 35 of the
decision contain an overview and brief analysis of the key landmark
cases regarding this issue in various jurisdictions, including the
European Union.
It is worthy to note that there is another remarkable case, which
also could be taken into account by the Israeli judicial body --
AKKA/LAA case and respective opinion of the Advocate General Wahl
-- where there were elaborated several very essential outcomes as
to the excessive price, including several clarifications on the
application of the United Brands test.
Allocation of burden of proof in class-action suits
Section 8 of the Law on Class Actions enumerates a series of
conditions for approving a class action suit. An essential
requirement is that the action raises substantial questions of fact
or law common to the group members, and there is a reasonable
possibility that these questions will be decided in favour of the
group.
With reference to the case State of Israel v. Line of Thought Ltd,
the Court indicated that a class action is a powerful tool of legal
remedy. Aside from the advantages of this tool, it cannot be
ignored that the mere approval of a request to file a class action
may create heavy pressure on the defendant.
But the position of such a plaintiff is weaker in comparison to a
dominant company. The Court confirms it in paragraph 51 of the
decision that there is a built-in information gap between the
parties, which often makes it difficult to prove the cause of the
claim. The reason for the excessive price is one of the most
difficult to prove - both because of the considerable questions
that arise in this context in the request for approval and because
for the purpose of deciding, a database is required that the
applicant usually does not have access to.
Moreover, it was unambiguously stipulated that the burden of prove
imposed on a class-action plaintiff requires sufficient evidence
for justifying a legal ground of action in a preliminary step of
the litigation.
The Court proposed the following solution: a plaintiff has a
procedural tool -- discovery proceedings -- which can help to
obtain deficient evidence and oblige a dominant company to present
respective documents. Of course, such an allocation of burden
should be regarded as a procedural relief for a class-action
plaintiff.
Next steps
The Supreme Court ordered the hearing to be remitted to the lower
court to continue the proceedings. The judicial authorities will
have take this precedent into account. [GN]
COINBASE GLOBAL: Faces Class Actions Following SEC Probe Reports
----------------------------------------------------------------
Lonnie Lee Hood, writing for Futurism, reports that crypto exchange
Coinbase got slapped with two separate class-action lawsuits, less
than two weeks after the announcement that the company was
reportedly under SEC investigation.
On Aug. 5, Decrypt reported that two separate law firms filed the
cases and said Coinbase investors suffered losses because of the
bankruptcy clause in its SEC filing, as well as recent reports from
the SEC probe that found the company was offering trading services
that should've been registered as securities.
The first suit was filed in New Jersey, and the second in San
Diego. In tweets about the filings, multiple crypto netizens
sounded off about Coinbase's recent string of mess-ups and
scandals.
"Imagine using Coinbase after all that crazy stuff," one Twitter
user said online on Aug. 5. "I mean, there are many other exchanges
like CoinEx, Bitfinex, etc."
Some investors apparently do plan to continue using the exchange,
though, because one took to Twitter to advocate for what is,
essentially, day trading.
"Remember, Jim Cramer and Cathie Wood panic sold Coinbase at $51,
today it's $88," Twitter personality and investor Genevieve
Roch-Decter said online on Aug. 5. "Investing is hard."
Not Based
Coinbase has been on thin ice for a while now. In late July, one
company manager was arrested as he tried to flee the country. In
June, the company began withdrawing job offers to applicants who
had already accepted them.
In an industry that's already sucking up as much electricity as
entire US cities, there's little room for sympathy from burned,
broke investors. [GN]
COINBASE GLOBAL: Robbins Geller Reminds of October 3 Deadline
-------------------------------------------------------------
The law firm of Robbins Geller Rudman & Dowd LLP on Aug. 7
disclosed that purchasers or acquirers of Coinbase Global, Inc.
(NASDAQ: COIN) securities between April 14, 2021 and July 26, 2022,
both dates inclusive (the "Class Period") have until October 3,
2022 to seek appointment as lead plaintiff in the Coinbase class
action lawsuit. Captioned Patel v. Coinbase Global, Inc., No.
22-cv-04915 (D.N.J.), the Coinbase class action lawsuit charges
Coinbase and certain of its top executive officers with violations
of the Securities Exchange Act of 1934.
If you suffered substantial losses and wish to serve as lead
plaintiff, please provide your information here:
https://www.rgrdlaw.com/cases-coinbase-global-inc-class-action-coin.html
You can also contact attorney J.C. Sanchez of Robbins Geller by
calling 800/449-4900 or via e-mail at jsanchez@rgrdlaw.com.
CASE ALLEGATIONS: The Coinbase class action lawsuit alleges that,
throughout the Class Period, defendants made false and misleading
statements and failed to disclose that: (i) Coinbase custodially
held crypto assets on behalf of its customers, which assets
Coinbase knew or recklessly disregarded could qualify as the
property of a bankruptcy estate, making those assets potentially
subject to bankruptcy proceedings in which Coinbase's customers
would be treated as Coinbase's general unsecured creditors; (ii)
Coinbase allowed Americans to trade digital assets that Coinbase
knew or recklessly disregarded should have been registered as
securities with the U.S. Securities and Exchange Commission
("SEC"); and (iii) the foregoing conduct subjected Coinbase to a
heightened risk of regulatory and governmental scrutiny and
enforcement action.
On May 10, 2022, Coinbase disclosed that: "Because custodially held
crypto assets may be considered to be the property of a bankruptcy
estate, in the event of a bankruptcy, the crypto assets we hold in
custody on behalf of our customers could be subject to bankruptcy
proceedings and such customers could be treated as our general
unsecured creditors." Following this disclosure, the price of
Coinbase Class A common stock fell by more than 26%.
Then, on July 25, 2022, Bloomberg reported that Coinbase is facing
an SEC probe into whether it improperly let Americans trade digital
assets that should have been registered as securities. On this
news, the price of Coinbase Class A common stock fell by an
additional 21%, further damaging investors.
THE LEAD PLAINTIFF PROCESS: The Private Securities Litigation
Reform Act of 1995 permits any investor who purchased or acquired
Coinbase securities during the Class Period to seek appointment as
lead plaintiff. A lead plaintiff is generally the movant with the
greatest financial interest in the relief sought by the putative
class who is also typical and adequate of the putative class. A
lead plaintiff acts on behalf of all other class members in
directing the Coinbase class action lawsuit. The lead plaintiff can
select a law firm of its choice to litigate the Coinbase class
action lawsuit. An investor's ability to share in any potential
future recovery is not dependent upon serving as lead plaintiff of
the Coinbase class action lawsuit.
ABOUT ROBBINS GELLER: Robbins Geller is one of the world's leading
complex class action firms representing plaintiffs in securities
fraud cases. The Firm is ranked #1 on the 2021 ISS Securities Class
Action Services Top 50 Report for recovering nearly $2 billion for
investors last year alone - more than triple the amount recovered
by any other plaintiffs' firm. With 200 lawyers in 9 offices,
Robbins Geller is one of the largest plaintiffs' firms in the world
and the Firm's attorneys have obtained many of the largest
securities class action recoveries in history, including the
largest securities class action recovery ever - $7.2 billion - in
In re Enron Corp. Sec. Litig. Please visit the following page for
more information:
https://www.rgrdlaw.com/services-litigation-securities-fraud.html
Attorney advertising.
Past results do not guarantee future outcomes.
Services may be performed by attorneys in any of our offices.
Contact:
Robbins Geller Rudman & Dowd LLP
655 W. Broadway, Suite 1900, San Diego, CA 92101
J.C. Sanchez, 800-449-4900
jsanchez@rgrdlaw.com [GN]
COTTAGE IN THE CITY: Iskhakova Files ADA Suit in E.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against A Cottage in the
City, Inc. The case is styled as Marina Iskhakova, on behalf of
herself and all others similarly situated v. A Cottage in the City,
Inc., Case No. 1:22-cv-04671 (E.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
A Cottage in the City, Inc. -- https://www.acottageinthecity.com/
-- is a shop for beautiful farmhouse decor, antique reproduction
furniture, fine linens & bedding, recycled frames, and gifts for
the vintage inspired home.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
CP SKIN HEALTH GROUP: Slade Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against CP Skin Health Group,
Inc. The case is styled as Linda Slade, individually and as the
representative of a class of similarly situated persons v. CP Skin
Health Group, Inc., Case No. 1:22-cv-06715 (S.D.N.Y., Aug. 8,
2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
CP Skin Health Group, Inc. doing business as Colgate-Palmolive --
https://www.colgatepalmolive.com/en-us/brands -- has a long history
of creating innovative health and hygiene products.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
D'ALMONTE ENTERPRISES: Recio Suit Seeks Proper Wages
----------------------------------------------------
ISIDRO RECIO, DARIO ALMONTE, RADHAMES RODRIGUEZ, JOSE PICHARDO DE
LA CRUZ, and ULRICH ZIMERMAN HERNANDEZ on behalf of themselves and
all others similarly situated who were employed by D'Almonte
Enterprises Parking Garage Inc., Ramcell Parking Corporation, IB
Parking Lot, Inc., 119 Parking Lot Corporation, Rafael Almonte,
Dayhana Martinez, Kelvin Mejia, Ariel Reyes, and Miguel Velazquez,
Plaintiffs v. D'ALMONTE ENTERPRISES PARKING GARAGE INC., RAMCELL
PARKIG CORPORATION, IB PARKING LOT, INC., 119 PARKING LOT
CORPORATION, RAFAEL ALMONTE, DAYHANA MARTINEZ, KELVIN MEJIA, ARIEL
REYES, and MIGUEL VELAZQUEZ, Defendants, Case No. 1:22-cv-06153
(S.D.N.Y., July 19, 2022) arises out of Defendants' failure to pay
Plaintiffs minimum wage, overtime compensation, spread-of-hours
pay; as well as for Defendants' improper taking of wage deductions,
and Defendants' failure to provide Plaintiffs with Wage Theft
Protection Act statements and notices, in violation of the Fair
Labor Standards Act and the New York Labor Law.
Plaintiffs bring this action on behalf of themselves and a class
consisting of all similarly situated persons working as parking
attendants, who perform and/or have performed work for Defendants
parking, moving, and retrieving vehicles, taking and providing
tickets, collecting fees from patrons, and other non-managerial
parking garage related work, between December 3, 2015 and the
filing of this complaint.
D'Almonte Enterprises Parking Garage Inc. is engaged in the parking
garage business with New York as its principal place of
business.[BN]
The Plaintiffs are represented by:
Steven Arenson, Esq.
Avi Mermelstein, Esq.
ARENSON, DITTMAR & KARBAN
200 Park Avenue, Suite 1700
New York, NY 10166
Telephone: (212) 490-3600
Facsimile: (212) 682-0278
E-mail: steve@adklawfirm.com
avi@adklawfirm.com
DELAVAL INC: Triple S Farms Suit Moved From W.D. Mo. to D. Minn.
----------------------------------------------------------------
The case styled TRIPLE S FARMS, LLC, on behalf of itself and all
others similarly situated v. DELAVAL INC., WEST AGRO, INC., DELAVAL
INTERNATIONAL AB, DELAVAL HOLDING BV, DELAVAL HOLDING AB, and TETRA
LAVAL INTERNATIONAL SA, Case No. 4:22-cv-00309, was transferred
from the U.S. District Court for the Western District of Missouri
to the U.S. District Court for the District of Minnesota on August
2, 2022.
The Clerk of Court for the District of Minnesota assigned Case No.
0:22-cv-01924-MJD-LIB to the proceeding.
The case arises from the Defendants' alleged breach of contract,
breach of implied warranty of merchantability, breach of implied
warranty of fitness for a particular purpose, breach of express
warranty, strict products liability, negligence, fraudulent
inducement, negligent misrepresentation, fraudulent concealment or
omission, and violation of Minnesota Deceptive Trade Practices Act
by engaging in false, deceptive, and misleading advertising,
labeling, and marketing of the V300 is a robotic milking system.
Triple S Farms, LLC is a dairy farm located in Belgrade,
Minnesota.
DeLaval Inc. is a wholly owned subsidiary of DeLaval Holding BV.
West Agro, Inc. is a manufacturer of milk production systems, with
its principal place of business in Kansas City, Missouri.
DeLaval International AB is a wholly owned subsidiary of DeLaval
Holding BV, with its principal place of business located in Tumba,
Sweden.
DeLaval Holding BV is a manufacturer of milk production systems,
with its principal place of business in Kansas City, Missouri.
DeLaval Holding AB is the parent company for DeLaval Holding BV,
with its principal place of business located in Tumba, Sweden.
Tetra Laval International SA is the parent company for DeLaval
Holding AB, with its principal place of business located in Pully,
Switzerland. [BN]
The Plaintiff is represented by:
Patrick J. Stueve, Esq.
Bradley T. Wilders, Esq.
K. Ross Merrill, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Rd., Suite 200
Kansas City, MO 64113
Telephone: (816) 714-7100
E-mail: stueve@stuevesiegel.com
wilders@stuevesiegel.com
merrill@stuevesiegel.com
- and –
Daniel C. Perrone, Esq.
PERRONE LAW PLLC
2136 Victory Boulevard
Staten Island, NY 10314
Telephone: (646) 470-9244
E-mail: dcp@theperronefirm.com
- and –
Arend R. Tensen, Esq.
CULLENBERG & TENSEN, PLLC
199 Heater Road, Suite 2
Lebanon, NH 03766
Telephone: (603) 448-7100
E-mail: tensen@nhvt-injurylaw.com
DIRECT CABINET: Iskhakova Files ADA Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against A Direct Cabinet
Distributor Corp. The case is styled as Marina Iskhakova, on behalf
of herself and all others similarly situated v. A Direct Cabinet
Distributor Corp., Case No. 1:22-cv-04672 (E.D.N.Y., Aug. 8,
2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
A Direct Cabinet Distributors -- https://directcabinets.com/ -- is
a family owned and operated wholesale design firm with over 50
years of collective experience.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
DM LUXURY LLC: Slade Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against DM Luxury, LLC. The
case is styled as Linda Slade, individually and as the
representative of a class of similarly situated persons v. DM
Luxury, LLC, Case No. 1:22-cv-06714-JGK (S.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
DM Luxury LLC -- https://dmluxuryllc.com/ -- sells luxury products
online at reasonable costs.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
DOLLAR GENERAL: Brockington Sues Over Mislabeled Graham Products
----------------------------------------------------------------
LEONARD BROCKINGTON, individually and on behalf of all others
similarly situated, Plaintiff v. DOLLAR GENERAL CORPORATION,
Defendant, Case No. 1:22-cv-06666 (S.D.N.Y., Aug. 5, 2022) alleges
violation of the Magnuson Moss Warranty Act.
According to the complaint, the Defendant manufactures, labels,
markets, and sells crackers purporting to be made predominantly
with whole grain graham flour and sweetened primarily with honey
under its Clover Valley brand. Relevant front label representations
include "Honey Graham Crackers," a dripping honey dipper, "Made
with Real Honey" and "Contains 8g of whole grain per serving." The
labeling gives consumers the impression the Product contains whole
grain graham flour and honey as its primary grain and sweetening
ingredient instead of enriched flour and sugar, says the suit.
However, these representations are misleading because the Product's
grains are predominantly non-whole grain. Without knowing how many
grams of refined grains are in the Product, consumers cannot
determine whether half their grains are whole, which is what the
USDA and Dietary Guidelines recommend. The result is consumers will
unknowingly consume more of the Product to get more whole grains,
even though they will end up consuming excess refined grains, the
suit alleges.
DOLLAR GENERAL CORPORATION operates a chain of discount retail
stores. The Company offer a broad selection of merchandise,
including consumable products such as food, paper and cleaning
products, health, beauty, pet supplies, and non-consumables such as
seasonal merchandise. Dollar General serves customers in the United
States. [BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
Email: spencer@spencersheehan.com
EQUIFAX INC: Steele Files FCRA Suit in N.D. Georgia
---------------------------------------------------
A class action lawsuit has been filed against Equifax, Inc. The
case is styled as Shelly Delinda Steele, individually and on behalf
of all others similarly situated v. Equifax, Inc., Case No.
1:22-cv-03105-LMM-RGV (N.D. Ga., Aug. 5, 2022).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Equifax Inc. -- http://www.equifax.com/-- is an American
multinational consumer credit reporting agency headquartered in
Atlanta, Georgia and is one of the three largest consumer credit
reporting agencies.[BN]
The Plaintiff is represented by:
H. Clay Barnett, III, Esq.
BEASLEY ALLEN
Overlook II, 2839 Paces Ferry Rd. SE, Suite 400
Atlanta, GA 30339
Phone: (334) 269-2343
Fax: (334) 954-7555
Email: clay.barnett@beasleyallen.com
- and -
W. Daniel Miles, III, Esq.
Alison D Hawthorne, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES-AL
P.O. Box 4160
218 Commerce Street
Montgomery, AL 36103-4160
Phone: (334) 269-2343
Email: Dee.Miles@BeasleyAllen.com
alison.hawthorne@beasleyallen.com
EXPERIAN INFORMATION: Faces FCRA Class Suit Over Security Concerns
------------------------------------------------------------------
PYMNTS.com reports that consumer credit bureau Experian is facing a
class-action lawsuit over allegations that it didn't do enough to
prevent identity thieves from sabotaging peoples' accounts.
KrebsOnSecurity reported Friday (Aug. 5) that the legal filing
alleged that identity thieves had been able to get control of
individuals' accounts by signing up for new accounts using the
victim's personal information and a different email address.
The report argued that Experian's practice of allowing account
re-registration, without verifying that the existing account
authorized it to happen, violated the Fair Credit Reporting Act.
Experian, responding to a previous report, said the company does
"all kinds of things" to prevent the abuse of its systems. In a
statement to KrebsOnSecurity, the company said notifies the
original email on file if someone tries to make a second account.
The statement noted the company does not "disclose additional
processes for obvious security reasons; however, our data and
analytical capabilities verify identity elements across multiple
data sources and are not visible to the consumer.
"This is designed to create a more positive experience for our
consumers and to provide additional layers of protection. We take
consumer privacy and security seriously, and we continually review
our security processes to guard against constant and evolving
threats posed by fraudsters."
The threat of digital fraud has loomed large for Americans as the
internet has grown in ubiquity and threats have evolved, especially
as the pandemic transferred many types of business online.
PYMNTS wrote recently that the average American has experienced
around seven data breaches since 2004, according to a recent
survey. This has seen companies using more and more authentication
checks, trying to make sure customers are who they say they are.
However, that can also add more cumbersome elements to the user
experience. Behavioral analytics can help minimize friction,
pinpointing places that were too slow for customers and allowing
companies to improve the experience. This can also be done without
compromising cybersecurity. [GN]
FAT CATZ: Fails to Pay Proper Wages, Cossich Suit Alleges
---------------------------------------------------------
GENGER COSSICH, individually and on behalf of all others similarly
situated, Plaintiff v. FAT CATZ MUSIC CLUB, INC., Defendant, Case
No. 2:22-cv-02517-SM-KWR (E.D. LA., Aug. 5, 2022) seeks to recover
from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Cossich was employed by the Defendant as shot girl.
FAT CATZ MUSIC CLUB, INC. is a food & beverages company based out
of New Orleans, Louisiana. [BN]
The Plaintiff is represented by:
Amanda J. Butler, Esq.
BUSINESS LAW GROUP, LLC
900 Camp Street, Suite 450
New Orleans, LA 70130
3436 Magazine Street, #8012
New Orleans, LA 70115
Telephone: (504) 446-6506
Facsimile: (504) 754-7776
Email: abutler@lawgroup.biz
FIAT CHRYSLER: Lawrence Suit Transferred to E.D. Michigan
---------------------------------------------------------
The case styled as David Lawrence, on behalf of himself and all
others similarly situated v. Fiat Chrysler Automobiles, FCA US,
LLC, Case No. 3:22-cv-02372 was transferred from the U.S. District
Court for the Northern District of California, to the U.S. District
Court for the Eastern District of Michigan on Aug. 8, 2022.
The District Court Clerk assigned Case No. 2:22-cv-11805-DML to the
proceeding.
The nature of suit is stated as Contract Product Liability.
Fiat Chrysler Automobiles N.V. -- https://www.stellantis.com/en --
was an Italian-American multinational corporation primarily known
as a manufacturer of automobiles, commercial vehicles, auto parts
and production systems.[BN]
FIAT CHRYSLER: Olsen Suit Transferred to E.D. Michigan
------------------------------------------------------
The case styled as Scott A. Olsen, an individual, on behalf of
himself and all others similarly situated v. Fiat Chrysler
Automobiles US LLC (FCA), Case No. 3:22-cv-00368 was transferred
from the U.S. District Court for the Southern District of
California, to the U.S. District Court for the Eastern District of
Michigan on Aug. 8, 2022.
The District Court Clerk assigned Case No. 2:22-cv-11807-DML to the
proceeding.
The nature of suit is stated as Contract Contract.
Fiat Chrysler Automobiles N.V. -- https://www.stellantis.com/en --
was an Italian-American multinational corporation primarily known
as a manufacturer of automobiles, commercial vehicles, auto parts
and production systems.[BN]
The Defendant is represented by:
Scott H Morgan, Esq.
Thomas L. Azar, Jr., Esq.
THOMPSON COBURN LLP
One US Bank Plaza
Saint Louis, MO 63101
Phone: (314) 552-6000
Email: smorgan@thompsoncoburn.com
tazar@thompsoncoburn.com
FIRST FINANCIAL: Spitzer Files FDCPA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against First Financial Asset
Management, Inc. The case is styled as Benjamin Spitzer,
individually and on behalf of all others similarly situated v.
First Financial Asset Management, Inc., Case No. 7:22-cv-06739
(S.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
First Financial Asset Management, Inc. -- https://1fam.com/ -- is a
collection agency.[BN]
The Plaintiff appears pro se.
FLAGSTAR BANK: Fails to Protect Customers' Personal Info, Pike Says
-------------------------------------------------------------------
THOMAS PIKE and ANDREW HAWKINS, on behalf of themselves and all
others similarly situated, Plaintiffs v. FLAGSTAR BANK, Defendant,
Case No. 2:22-cv-11642-BAF-APP (E.D. Mich., July 18, 2022) arises
from the Defendant's failure to secure the sensitive personal
information of its customers following an unauthorized actor
accessed Flagstar's network between December 3, 2021 and December
4, 2021.
According to the complaint, Flagstar did not learn of the said
breach until six months later on June 2, 2022. The impacted files
contained names, phone numbers, and Social Security numbers. The
Data Breach impacted over 1.5 million customers, including
Plaintiff.
As a result of Flagstar's alleged data security failures,
Plaintiffs and Class members confront a significant threat of
identity theft and other harm - imminently and for years to come.
The Plaintiffs by this action seek compensatory damages together
with injunctive relief to remediate Flagstar's failure to secure
their personally identifiable information, and to provide credit
monitoring, identity theft insurance, and credit repair services to
protect the class of Data Breach victims from identity theft and
fraud.
Flagstar Bank was chartered in 1987 as a federal savings bank. It
now has assets of $31 billion and is the sixth largest bank
mortgage originator, and the second largest savings bank, in the
United States.[BN]
The Plaintiffs are represented by:
Michael N. Hanna, Esq.
MORGAN & MORGAN, P.A.
2000 Town Center, Suite 1900
Southfield, MI 48075
Telephone: (313) 251-1399
E-mail: mhanna@forthepeople.com
- and -
Adam E. Polk, Esq.
Simon Grille, Esq.
Jessica Cook, Esq.
GIRARD SHARP LLP
601 California St., Ste 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
E-mail: apolk@girardsharp.com
sgrille@girardsharp.com
jcook@girardsharp.com
G4S SECURE: September 28 Settlement Fairness Hearing Set
--------------------------------------------------------
LONITA JOHNSON v. G4S SECURE SOLUTIONS (USA) INC.
Case No. 21-CA-005587 in the Circuit Court of the Thirteenth
Judicial Circuit in and for Hillsborough County, Florida, Civil
Division
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING
A court authorized this Notice. This is not a solicitation from a
lawyer.
This notice relates to a proposed settlement in a class action
lawsuit which alleges that Defendant G4S Secure Solutions (USA),
Inc., violated the Fair Credit Reporting Act ("FCRA"). Plaintiff
Lonita Johnson ("Plaintiff") alleged that Defendant violated the
FCRA by inserting extraneous information into forms authorizing the
procurement and use of consumer report information in background
checks for employment purposes, and by obtaining consumer reports
without the proper authorization. Defendant denies that it violated
the law in any way whatsoever. The two sides disagree as to whether
Defendant's conduct was permitted under the FCRA, whether Defendant
would be liable under the FCRA with respect to that conduct and, if
so, the extent of any such liability. The parties have, however,
agreed to resolve the lawsuit through a Court-supervised
settlement.
-- Membership in the settlement class will be determined based upon
Defendant's records.
-- You are receiving this notice because Defendant's records
indicate that you are a Class Member, so you are eligible to
participate in this class action settlement.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
How to Get Paid from the Settlement:
If you timely return the attached Claim Form or file a claim
through the Settlement Website, www.johnsonfcraclassaction.com, you
will be mailed a check for $25.00.
THE CLAIM FORM MUST BE RECEIVED BY THE CLASS SETTLEMENT
ADMINISTRATOR NO LATER THAN September 10, 2022
What happens if you do nothing:
If the Court approves the settlement and you do nothing, you will
be releasing your claims and you will not receive your share of a
class action settlement. The Full Release and Released Parties are
available on the Settlement Website,
www.johnsonfcraclassaction.com
How to ask that you be excluded:
You have the right to exclude yourself from the settlement
completely ("opt out"). You can opt out by following the
instructions on the Settlement website. You will not receive any
monetary payments from the Settlement. You will not have any right
to object, but you will not be bound by the terms of this
Settlement and will retain your right to file your own lawsuit. The
opt out deadline is September 10, 2022.
Object by September 10, 2022:
You may write to the Court about why you don't like the settlement.
You cannot object if you opt out.
Go to a Hearing on September 28, 2022
Ask to speak in Court about the fairness of the settlement. [GN]
GENTLEMAN'S GAZETTE: Zinnamon Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Gentleman's Gazette,
LLC. The case is styled as Warren Zinnamon, on behalf of himself
and all others similarly situated v. Gentleman's Gazette, LLC, Case
No. 1:22-cv-06674 (S.D.N.Y., Aug. 5, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Gentleman's Gazette -- https://www.gentlemansgazette.com/ -- is USA
based website that publishes reviews and articles about classic
men's clothing and accessories.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
GEORGE WASHINGTON: Delacruz Seeks Blind's Equal Access to Website
-----------------------------------------------------------------
EMANUEL DELACRUZ, on behalf of himself and all others similarly
situated, Plaintiff v. THE GEORGE WASHINGTON UNIVERSITY, Defendant,
Case No. 1:22-cv-06523 (S.D.N.Y., August 1, 2022) is a class action
against the Defendant for violations of the Americans with
Disabilities Act, the New York State Human Rights Law, and the
Rehabilitation Act of 1973.
According to the complaint, the Defendant has 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 persons. The Defendant's website,
https://www.gwu.edu/, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the general public through
the website. The accessibility issues include, but not limited to:
(a) lack of alternative text (alt-text), or a text equivalent; (b)
empty links that contain no text; (c) redundant links; and (d)
linked images missing alt-text, says the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually-impaired individuals.
The George Washington University is a private university with its
main campus located in Washington, D.C. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Jeffrey@gottlieb.legal
Dana@Gottlieb.legal
HEMMERSBACH ONSITE: Decoux Sues Over Unpaid Overtime, Retaliation
-----------------------------------------------------------------
AARON DECOUX and JAMES MELLO, on behalf of themselves and all
others similarly situated, Plaintiffs v. HEMMERSBACH ONSITE SERVICE
US, LLC, Defendant, Case No. 5:22-cv-00773 (W.D. Tex., July 20,
2022) is brought pursuant to the Fair Labor Standards Act arising
from the Defendant's failure to pay Plaintiffs and those similarly
situated all overtime compensation due for all hours worked over 40
per week and Defendant's illegal retaliatory practices after
engaging in protected activity.
The Plaintiffs are Defendant's current and former repair
technicians across the United States.
Hemmersbach Onsite Service US, LLC provides technical support to
computer software company Hewlett Packard within the United
States.[BN]
The Plaintiffs are represented by:
Douglas B. Welmaker, Esq.
WELMAKER LAW, PLLC
409 N. Fredonia, Suite 118
Longview, TX 75601
Telephone: (512) 799-2048
E-mail: doug@welmakerlaw.com
HINO MOTORS: Faces Suit Over Deceptive Emissions Testing Results
----------------------------------------------------------------
EXPRESS FREIGHT INTERNATIONAL; EFI EXPORT & TRADING CORP.; MARDERS;
and REDLANDS OFFICE CLEANING SOLUTIONS, LLC, individually and on
behalf of all others similarly situated, Plaintiffs v. HINO MOTORS,
Ltd.; TOYOTA MOTOR CORPORATION; HINO MOTORS MANUFACTURING U.S.A.,
INC.; and HINO MOTORS SALES U.S.A., INC., Defendants, Case No.
1:22-cv-22483-XXXX (S.D. Fla., Aug. 5, 2022) seeks to enjoin the
Defendants' deceptive conduct and recover the economic damages they
suffered as a result of the Defendants' fraudulent conduct.
The Plaintiffs allege in the complaint that the Defendants'
fraudulent scheme involved at least three practices. The first
scheme was that during regulatory emissions testing, the Defendants
used materially different hardware in testing than what they used
in Class Trucks sold and leased to customers. Defendants' second
scheme involved faking fuel economy test results and manipulating
testing to yield false results that appeared more advantageous than
they actually were. The third issue relates to a defect in the
Class Trucks' diagnostic hardware and software which both fail to
detect malfunctions in the emissions systems, resulting in the
Class Trucks emitting more pollution than permitted by law and
requiring unnecessary and expensive maintenance, assert the
Plaintiffs.
HINO MOTORS, LTD. develops, manufactures, and markets diesel buses
and trucks. The Company also produces heavy duty trucks, special
purpose vehicles, and diesel engines for industrial and marine
applications. [BN]
The Plaintiff is represented by:
Peter Prieto, Esq.
Matthew P. Weinshall, Esq.
PODHURST ORSECK, P.A.
SunTrust International Center
One S.E. 3rd Ave, Suite 2300
Miami, FL 33131
Telephone: (305) 358-2800
Facsimile: (305) 358-2382
E-mail: pprieto@podhurst.com
mweinshall@podhurst.com
- and -
David S. Stellings, Esq.
Wilson M. Dunlavey, Esq.
Kara I. McBride, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013
Telephone: (212) 355-9500
Facsimile: (212) 355-9592
E-mail: dstellings@lchb.com
wdunlavey@lchb.com
kmcbride@lchb.com
- and -
Elizabeth J. Cabraser, Esq.
Kevin Budner, Esq.
Phong-Chau G. Nguyen, Esq.
Amelia A. Haselkorn, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: ecabraser@lchb.com
kbudner@lchb.com
pgnguyen@lchb.com
ahaselkorn@lchb.com
- and -
Roland Tellis, Esq.
David Fernandes, Esq.
Adam Tamburelli, Esq.
Shannon Royster, Esq.
BARON & BUDD, P.C.
15910 Ventura Boulevard, Suite 1600
Encino, CA 91436
Telephone: (818) 839-2333
Facsimile: (818) 986-9698
E-mail: rtellis@baronbudd.com
dfernandes@baronbudd.com
atamburelli@baronbudd.com
sroyster@baronbudd.com
HOMETEAM PEST: Fails to Pay Minimum & OT Wages, Fejzic Claims
-------------------------------------------------------------
The case, BAKIR FEJZIC, as an individual and on behalf of all
others similarly situated, Plaintiff v. HOMETEAM PEST DEFENSE,
INC., a Delaware corporation; and DOES 1 through 50, inclusive,
Defendants, Case No. 37-2022-00031318-CU-OE-CTL (Cal. Sup. Ct.,
August 5, 2022) arises from the Defendant's alleged systemic
illegal employment practices that violated the California Labor
Code and the applicable Wage Orders of the California Industrial
Welfare Commission.
The Plaintiff was employed by the Defendant as a non-exempt
employee from in or around August 2018 to on or about July 14,
2021.
The Plaintiff asserts these claims:
-- The Defendant failed to properly pay minimum, regular, and
overtime wages for all hours worked;
-- The Defendant failed to pay meal and rest period premium at
the regular rate of pay;
-- The Defendant failed to pay sick pay at the correct regular
rate of pay;
-- The Defendant failed to reimburse business expenses; and
-- The Defendant failed to provide accurate itemized wage
statements.
On behalf of himself and all other similarly situated non-exempt
employees, the Plaintiff brings this complaint seeking to recover
any and all applicable civil penalties for the Defendant's alleged
violation of California Labor Code, as well as litigation costs and
attorneys' fees, and other relief as the Court may deem just and
proper.
HomeTeam Pest Defense, Inc. is a pest control and pest defense
company. [BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
Kristen M. Agnew, Esq.
Nicholas Rosenthal, Esq.
DIVERSITY LAW GROUP, P.C.
515 S. Figueroa Street, Suite 1250
Los Angeles, CA 90071
Tel: (213) 488-6555
Fax: (213) 488-6554
HYUNDAI MOTOR: Faces Class Action Suit Over Easily Stolen Vehicles
------------------------------------------------------------------
David Wood, writing for CarComplaints.com, reports that a Hyundai
and Kia theft class action lawsuit alleges the vehicles can easily
be stolen, something Hyundai and Kia admit but allegedly refuse to
fix.
The lawsuit alleges Hyundai and Kia vehicles fail federal standards
because when the keys are removed from the ignitions, neither
steering nor forward motion is prevented.
The theft class action lawsuit asserts this is because Hyundai and
Kia designed and built the vehicles without engine immobilizers. An
immobilizer is an electronic device that makes it more difficult to
start a car without a key.
The theft lawsuit includes, "all Kia models from 2011-2021, and all
Hyundai models from 2011-2021."
The Hyundai and Kia vehicles are allegedly easy to steal which
makes them worth less than they should be.
With media reports across the country regarding Hyundai and Kia
thefts, the lawsuit alleges a thief must simply strip the ignition
column, expose a piece that pops off and then use a USB drive,
knife or some other similar tool to start the vehicle without a key
or code.
Reports say groups of teens have been stealing Hyundai and Kia
vehicles because of a lack of immobilizers. In addition, the class
action asserts the windows are not connected to the security
systems which allows thieves to break the windows without the
alarms being triggered.
Hyundai and Kia allegedly knew the vehicles were defective but
refused to disclose the defects to consumers. The automakers had
the means to add engine immobilizers but chose to put owners at
risk.
According to the Hyundai and Kia theft lawsuit, Kia sought to add
an immobilizer to its Amanti line in 2009, and Hyundai sought to
add an immobilizer to its Azera line in 2007.
Both automakers told federal regulators the devices were similar to
other devices which reduced theft by 58 to 80 percent.
The class action lawsuit says Hyundai and Kia should refund the
purchase prices of the vehicles and compensate customers for other
losses.
The Hyundai and Kia theft lawsuit was filed in the U.S. District
Court for the Southern District of Iowa: Ann Brady, et al., v. Kia
America, Inc., et al.
The plaintiffs are represented by Smith & McElwain, and Humphrey,
Farrington & McClain, P.C. [GN]
HYZON MOTORS: Bragar Eagel Investigates Securities Claims
---------------------------------------------------------
Bragar Eagel & Squire, P.C., a nationally recognized stockholder
rights law firm, is investigating potential claims against Hyzon
Motors, Inc. ("Hyzon" or the "Company") (NASDAQ: HYZN) on behalf of
Hyzon stockholders. Our investigation concerns whether Hyzon has
violated the federal securities laws and/or engaged in other
unlawful business practices.
After the market closed on August 4, 2022, Hyzon Motors disclosed
in a SEC filing that, "the Company's Board of Directors appointed a
committee of independent board members to investigate, with the
assistance of independent outside counsel and other advisors,
certain issues regarding revenue recognition timing and internal
controls and procedures, primarily pertaining to its China
operations." The Company further announced that, "Due to the
ongoing investigation, the Company will be unable to file its Form
10-Q for the quarter ended June 30, 2022 by August 15, 2022, the
due date for filing, and does not have an anticipated filing date
at this time."
Following this news, when trading of Hyzon Motors opened on August
5, 2022, the price of the shares fell $1.71 per share, or 38.1%, to
close at $2.78 per share.
If you purchased or otherwise acquired Hyzon shares and suffered a
loss, are a long-term stockholder, have information, would like to
learn more about these claims, or have any questions concerning
this announcement or your rights or interests with respect to these
matters, please contact Brandon Walker or Melissa Fortunato by
email at investigations@bespc.com, by telephone at (212) 355-4648,
or by filling out this contact form. There is no cost or obligation
to you.
About Bragar Eagel & Squire, P.C.:
Bragar Eagel & Squire, P.C. is a nationally recognized law firm
with offices in New York and California. The firm represents
individual and institutional investors in commercial, securities,
derivative, and other complex litigation in state and federal
courts across the country. For more information about the firm,
please visit www.bespc.com. Attorney advertising. Prior results do
not guarantee similar outcomes.
Contacts
Bragar Eagel & Squire, P.C.
Brandon Walker, Esq.
Melissa Fortunato, Esq.
(212) 355-4648
investigations@bespc.com
www.bespc.com [GN]
INLINE NETWORK: Cline Files Suit in N.D. Texas
----------------------------------------------
A class action lawsuit has been filed against Inline Network
Integration LLC, et al. The case is styled as Terrell Cline, on
behalf of himself and all others similarly situated v. Inline
Network Integration LLC, Case No. 3:22-cv-01711-K (N.D. Tex., Aug.
8, 2022).
The nature of suit is stated as Other Contract for Breach of
Contract.
Inline Networks -- https://inlinenetworks.com/ -- is a managed IT
services provider delivering proactive IT support & technology
solutions to businesses in Texas, Arizona and across the US.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
INSURANCE AUSTRALIA: Quinn Emanuel Files Shareholder Class Action
-----------------------------------------------------------------
InsuranceNEWS.com.au reports that law firm Quinn Emanuel Urquhart &
Sullivan has filed a shareholder class action against IAG over its
disclosure of potential impacts from pandemic-related business
interruption claims.
"IAG intends to defend the proceeding," the insurer said in an
Australian Securities Exchange statement confirming the
representative action.
The action, filed in the Supreme Court of Victoria, targets IAG
over its exposure to contract exclusions citing the Quarantine Act
and its announcements to the market during 2020. The action covers
people who bought shares between March 11 and November 20 that
year.
The statement of claim notes the Court of Appeal delivered a
judgment against insurers on the validity of the Quarantine Act
exclusions on November 18 2020. IAG on November 20 said that given
the decision it intended to recognise an $865 million post-tax
provision, after previously expressing confidence about the
wordings.
The class action is being run by Quinn Emanuel on a "no-win, no
fee" basis, with costs to be deducted from compensation if the
action is successful, depending on court orders. There is no
third-party litigation funder currently involved.
The Federal Government changed disclosure rules in 2020, raising
the threshold so that that companies and officers are only liable
for a breach if there has been "knowledge, recklessness or
negligence" around price sensitive updates. [GN]
JD CLEANING: Underpays Cleaning Technicians, Wagner Suit Claims
---------------------------------------------------------------
STEVE WAGNER, on behalf of himself and all others similarly
situated, Plaintiff v. JD CLEANING SERVICE, LLC and JOSEPH DE PINA
SR., Defendants, Case No. 1:22-cv-01905 (D. Colo., August 1, 2022)
is a class action against the Defendants for violations of the Fair
Labor Standards Act, the Colorado Wage Claim Act, and the Colorado
Minimum Wage Act including failure to pay minimum wage for all
hours worked, improper payment of overtime wages, failure to
provide rest periods, failure to provide pay stubs, and failure to
reimburse business expenses.
Mr. Wagner worked for the Defendants as a cleaning technician from
August 1, 2020 to December 26, 2021.
JD Cleaning Service, LLC is a cleaning services company, with its
principal place of business located in Fort Collins, Colorado.
[BN]
The Plaintiff is represented by:
Penn A. Dodson, Esq.
ANDERSONDODSON, P.C.
11 Broadway, Suite 615
New York, NY 10004
Telephone: (212) 961-7639
E-mail: penn@andersondodson.com
- and –
Mary Elizabeth Melso, Esq.
ANDERSONDODSON, P.C.
14143 Denver West Pkwy.
Suite 100-50
Golden, CO 80401
E-mail: mmelso@andersondodson.com
JECTNYC LLC: Bunting Files ADA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against JectNYC LLC. The case
is styled as Rasheta Bunting, individually and as the
representative of a class of similarly situated persons v. JectNYC
LLC, Case No. 1:22-cv-04636-EK-MMH (E.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
JectNYC LLC -- https://www.jectnyc.com/ -- is specializing in
medical-grade treatments for people who want to look their best,
and who prioritize prevention, proper maintenance and a lot of self
love.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
JOURNEY INN: Fails to Pay Proper Wages, Smyczek Suit Claims
-----------------------------------------------------------
ALEXANDER SMYCZEK, and KIETH CASSARA, individually and on behalf of
all others similarly situated Plaintiffs v. JOURNEY INN, LLC,
Defendant, Case No. 1:22-cv-01263 (N.D. Ohio, July 18, 2022) arises
from the Defendant's violations of the Fair Labor Standards Act,
the Ohio Minimum Fair Wage Standards Act, and the Ohio Prompt Pay
Act by failing to pay Plaintiffs and similarly situated employees,
minimum wages for all hours worked.
Plaintiff Smyczek was hired by Defendant as a maintenance
technician in March 2020. Smyczek resigned from his employment with
Defendant in May 2022.
Plaintiff Cassara was hired by Defendant to perform housekeeping
and security duties in November 2020. Cassara resigned from his
employment with Defendant in June 2022.
Journey Inn, LLC is a roadside hotel, providing temporary lodging
primarily to motorists.[BN]
The Plaintiffs are represented by:
Claire I. Wade, Esq.
Sean H. Sobel, Esq.
SOBEL, WADE & MAPLEY, LLC
55 Erieview Plaza, Suite 370
Cleveland, OH 44114
Telephone: (216) 223-7213
Facsimile: (216) 223-7213
E-mail: wade@swmlawfirm.com
sobel@swmlawfirm.com
JUUL LABS: Entices Youth to Use E-Cigarette, Wythe County Claims
----------------------------------------------------------------
WYTHE COUNTY SCHOOL BOARD, on behalf of itself and all others
similarly situated, Plaintiff v. JUUL LABS, INC., ALTRIA GROUP,
INC., PHILIP MORRIS USA, INC., ALTRIA CLIENT SERVICES, LLC, ALTRIA
GROUP DISTRIBUTION COMPANY, JAMES MONSEES, ADAM BOWEN, NICHOLAS
PRITZKER, HOYOUNG HUH, and RIAZ VALANI, Defendants, Case No.
3:22-cv-04477-WHO (N.D. Cal., August 2, 2022) is a class action
against the Defendants for negligence, gross negligence, and
violations of Virginia Public Nuisance Law and the Racketeer
Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Wythe County School Board case has been consolidated in MDL No.
2913, IN RE: JUUL LABS, INC. MARKETING, SALES PRACTICES, AND
PRODUCTS LIABILITY LITIGATION. The case is assigned to the Hon.
Judge William H. Orrick.
Wythe County School Board is a school district with its offices
located on 1570 West Reservoir Street, Wytheville, Virginia.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
John P. Fiske, Esq.
BARON & BUDD, P.C.
11440 West Bernardo Court, Suite 265
San Diego, CA 92127
Telephone: (858) 251-7424
E-mail: jfiske@baronbudd.com
- and –
Khaldoun A. Baghdadi, Esq.
Conor M. Kelly, Esq.
WALKUP, MELODIA, KELLY, & SCHOENBERGER
650 California Street
San Francisco, CA 94108
Telephone: (415) 981-7210
E-mail: kbaghdadi@walkuplawoffice.com
- and –
D. Bruce Poole, Esq.
THE POOLE LAW GROUP
29 W. Franklin Street
Hagerstown, MD 21740
E-mail: bruce.poole@poolelg.com
- and –
J. Ross Newell, III, Esq.
G. Rodney Young, II, Esq.
TIMBERLAKE SMITH
25 North Central Avenue, 2nd Floor
Staunton, VA 24401-4272
JUUL LABS: Faces Radford City Suit Over Deceptive E-Cigarette Ads
-----------------------------------------------------------------
RADFORD CITY SCHOOL DISTRICT SCHOOL BOARD, on behalf of itself and
all others similarly situated, Plaintiff v. JUUL LABS, INC., ALTRIA
GROUP, INC., PHILIP MORRIS USA, INC., ALTRIA CLIENT SERVICES, LLC,
ALTRIA GROUP DISTRIBUTION COMPANY, JAMES MONSEES, ADAM BOWEN,
NICHOLAS PRITZKER, HOYOUNG HUH, and RIAZ VALANI, Defendants, Case
No. 3:22-cv-04475-WHO (N.D. Cal., August 2, 2022) is a class action
against the Defendants for negligence, gross negligence, and
violations of Virginia Public Nuisance Law and the Racketeer
Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Radford City School District School Board case has been
consolidated in MDL No. 2913, IN RE: JUUL LABS, INC. MARKETING,
SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION. The case is
assigned to the Hon. Judge William H. Orrick.
Radford City School District School Board is a school district with
its offices located on 1612 Wadsworth Street, Radford, Virginia.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
John P. Fiske, Esq.
BARON & BUDD, P.C.
11440 West Bernardo Court, Suite 265
San Diego, CA 92127
Telephone: (858) 251-7424
E-mail: jfiske@baronbudd.com
- and –
Khaldoun A. Baghdadi, Esq.
Conor M. Kelly, Esq.
WALKUP, MELODIA, KELLY, & SCHOENBERGER
650 California Street
San Francisco, CA 94108
Telephone: (415) 981-7210
E-mail: kbaghdadi@walkuplawoffice.com
- and –
D. Bruce Poole, Esq.
THE POOLE LAW GROUP
29 W. Franklin Street
Hagerstown, MD 21740
E-mail: bruce.poole@poolelg.com
- and –
J. Ross Newell, III, Esq.
G. Rodney Young, II, Esq.
TIMBERLAKE SMITH
25 North Central Avenue, 2nd Floor
Staunton, VA 24401-4272
L'OREAL USA: Faces Class Action in Ill. Over Biometric Collection
-----------------------------------------------------------------
John O'Brien, writing for Legal Newsline, reports that L'Oreal
faces one of Illinois' biometric class action lawsuits, as
plaintiff Morgan Kukovec filed suit against the company July 25.
The suit is brought under Illinois' Biometric Information Privacy
Act and targets data collected from L'Oreal's Virtual Try-On tool
on its website. The BIPA prohibits collection of biometric
identifiers like eye scans, fingerprints and voiceprints without
consent.
The Try-On tool allows makeup shoppers to see how a product would
look on them by allowing them to use their web or phone camera or
upload a photo.
"Defendant does not inform consumers who use the Virtual Try-On
tool in writing that it is capturing or collecting facial geometry
or the specific purpose and length of term for which it is
collecting, storing, or using such data, which is a biometric
identifier specifically protected by BIPA, nor does Defendant
obtain consumers' informed written consent before capturing or
collecting such data," the suit says.
A privacy policy does not tell the user how his or her facial
geometry is collected, used or retained, the suit says.
Representing the plaintiff are attorneys at Foote, Mielke, Chavez &
O'Neil and Tycko & Zavareei. [GN]
LEROCHE BENICOEUR: Smith Sues Over Deceptive Fertility Supplements
------------------------------------------------------------------
RACHEL SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. LEROCHE BENICOEUR d/b/a CONCEIVEEASY
Defendant, Case No. 5:22-cv-04202 (N.D. Cal., July 19, 2022) is a
class action brought against the Defendant for breach of express
warranty, unjust enrichment, and violations of the California's
Consumers Legal Remedies Act and the Unfair Competition Law arising
from deceptive claims about its fertility supplements.
According to the complaint, Plaintiff Smith purchased a
ConceiveEasy starter kit for approximately $40 on May 21, 2021
directly from the Defendant. Before purchasing the product, Ms.
Smith reviewed and relied on the representations made on
ConceiveEasy's website stating that the product would improve the
chances of conception. Based on the product name and information
disclosed on the website, Ms. Smith believed that taking
ConceiveEasy would improve her chances of conception. She asserts
that the product did not have that effect. Had she known the truth
about the product's ineffectiveness, she would not have purchased
it, says the suit.
The complaint alleges that none of the product's listed
ingredients, whether taken alone or in conjunction, can improve a
person's chances of conception. Alternatively, even if the
ingredients could theoretically improve the chances of conception
in sufficient doses, the amounts of the ingredients in the
ConceiveEasy supplement pills are far too small to have any
physiological effect, the suit adds.
As a result of Defendant's alleged violations, Plaintiff and
members of the subclass have suffered damages because: (a) they
would not have purchased the products on the same terms if they
knew that the products were not sold as advertised; (b) they paid a
price premium for the product due to Defendant's misleading
conduct; and (c) the product does not have the characteristics,
ingredients, uses, or benefits promised.
LeRoche Benicoeur, d/b/a ConceiveEasy, is a fertility supplement
company.[BN]
The Plaintiff is represented by"
Joel D. Smith, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jsmith@bursor.com
MAJESTIC STAR: Underpays Table Games Dealers, Rodriguez Suit Says
-----------------------------------------------------------------
FRANCISCO RODRIGUEZ, individually and on behalf of others similarly
situated, Plaintiff v. THE MAJESTIC STAR CASINO, LLC, d/b/a HARD
ROCK CASINO NORTHERN INDIANA, HRNI HOLDINGS, LLC, d/b/a HARD ROCK
CASINO NORTHERN INDIANA, HARD ROCK NORTHERN INDIANA, LLC, HARD ROCK
GARY MANAGER, LLC and HARD ROCK GARY, LLC, Defendants, Case No.
2:22-cv-00198 (N.D. Ind., July 19, 2022) seeks to address
class-wide wage and hour and overtime violations committed by
Defendants against Plaintiff and similarly situated employees who
work or worked for Defendants at their Gary, Indiana casino
pursuant to the Fair Labor Standards Act and the Indiana Wage
Payment Statute.
According to the complaint, the Defendants have repeatedly violated
the FLSA's minimum wage and overtime provisions by not paying
Rodriguez and members of the Plaintiff Classes for all hours
worked, and at the required minimum rate and overtime compensation
rate for all hours worked over 40 in a work week.
By way of his claims, Plaintiff Rodriguez is seeking, individually
and on behalf of members of the Plaintiff Classes, all available
damages, including all unpaid wages, all underpaid wages, all
unlawfully withheld tips, all available liquidated (treble
damages), all attorney's fees, costs and expenses, plus any other
damage to which Rodriguez and his fellow Plaintiff Class members
may be entitled pursuant to law, says the suit.
Mr. Rodriguez has worked as a table games dealer, which is a
tipped, hourly, non-exempt position, from May 9, 2019.
The Majestic Star Casino, LLC, d/b/a Hard Rock Casino Northern
Indiana, owns and operates the casino property located in Gary,
Indiana.[BN]
The Plaintiff is represented by:
Robert J. Hunt, Esq.
Robert F. Hunt, Esq.
THE LAW OFFICE OF ROBERT J. HUNT, LLC
1905 South New Market Street, Ste 168
Carmel, IN 46032
Telephone: (317) 743-0614
Facsimile: (317) 743-0615
E-mail: rob@indianawagelaw.com
rfh@indianawagelaw.com
MALIHA EBRAHIM: Underpays Childcare Employees, Ford Suit Claims
---------------------------------------------------------------
GERTAJA FORD, on behalf of herself and all others similarly
situated, Plaintiff v. MALIHA EBRAHIM, INC. (d/b/a Whiz Kid
Learning Center) and MALIHA EBRAHIM, Defendants, Case No.
3:22-cv-01706-D (N.D. Tex., August 5, 2022) brings this collective
action complaint against the Defendant alleging the Defendants of
violations of the Fair Labor Standards Act.
The Plaintiff was employed by the Defendant as an hourly-paid
childcare employee from approximately October 26, 2021 to
approximately July 29, 2022.
The Plaintiff claims that despite routinely working more than 40
hours per seven-day workweek, the Defendants did not pay her and
other similarly situated childcare employees one and one-half times
their regular rates of pay for all hours they have worked in excess
of 40 per workweek. Instead, the Defendant paid them a straight
time only based on their hourly rate of pay without any overtime
premium pay.
The Plaintiff seeks all damages allowed by the FLSA, including
overtime wages, for herself and all other similarly situated
childcare employees, as well as liquidated damages, reasonable
legal fees, costs, post-judgment interest, and all other relief to
which they are entitled.
Maliha Ebrahim, Inc. d/b/a Whiz Kid is a company that provides
childcare. Maliha Ebrahim owns and operates the Corporate
Defendant. [BN]
The Plaintiff is represented by:
Allen R. Vaught, Esq.
VAUGHT FIRM, LLC
1910 Pacific Ave., Suite 9150
Dallas, TX 75201
Tel: (972) 707-7816
Fax: (972) 591-4564
E-mail: avaught@txlaborlaw.com
MARIO BADESCU: Hanyzkiewicz Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Mario Badescu Skin
Care, Inc. The case is styled as Marta Hanyzkiewicz, on behalf of
herself and all others similarly situated v. Mario Badescu Skin
Care, Inc., Case No. 1:22-cv-04664 (E.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Mario Badescu -- https://www.mariobadescu.com/ -- offers skincare
that is formulated with soothing botanicals, fresh fruit extracts,
and other natural ingredients to create simple and effective
solutions.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
MASSADA UTILITY: Faces Carman Suit Over Laborers' Unpaid OT Wages
-----------------------------------------------------------------
CHRISTOPHER CARMAN, individually and on behalf of all others
similarly situated, Plaintiff v. MASSADA UTILITY CONTRACTORS, LLC,
Defendant, Case No. 6:22-cv-03205-JAM (W.D. Mo., August 5, 2022) is
a class and collective action complaint brought against the
Defendant for its alleged willful violations of the Fair Labor
Standards Act and the Missouri Minimum Wage Law.
The Plaintiff has worked for the Defendant as a laborer off-and-on
from November 2020 to February 2022.
According to the complaint, the Plaintiff and all similarly
situated individuals have suffered and were permitted by the
Defendant to work more than 40 hours in a workweek. However, the
Defendant deprived them of overtime premiums at the applicable
overtime rate for hours they have worked over 40 in a workweek.
Instead, they were only paid a flat day-rate without any overtime
compensation. As it is shown in their paystubs, they were only paid
8 hours worked per day, despite routinely working 10 hours a day,
says the suit.
On behalf of himself and all other similarly situated laborers, the
Plaintiff seeks to recover all unpaid overtime wages and liquidated
damages, pre- and post-judgment interest, reasonable attorneys'
fees and costs, and other relief as may be necessary and
appropriate.
Massada Utility Contractors, LLC provides installation and
maintenance utility lines services in the state of Missouri. [BN]
The Plaintiff is represented by:
George A. Hanson, Esq.
Caleb Wagner, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Tel: (816) 714-7115
Fax: (816) 714-7101
E-mail: hanson@stuevesiegel.com
- and –
Philip Bohrer, Esq.
Scott E. Brady, Esq.
BOHRER BRADY, LLC
8712 Jefferson Highway, Suite B
Baton Rouge, LA 70809
Tel: (225) 925-5297
Fax: (225) 231-7000
E-mail: phil@bohrerbrady.com
scott@bohrerbrady.com
MASSAGE ENVY: Valenzuela Sues Over Illegal Wiretapping
------------------------------------------------------
SONYA VALENZUELA, individually and on behalf of all others
similarly situated, Plaintiff v. MASSAGE ENVY FRANCHISING LLC, a
Delaware limited liability company; and DOES 1 through 25,
inclusive, Defendants, Case No. 22STCV23456 (Cal. Super., Los
Angeles Cty., July 20, 2022) is a class action brought by the
Plaintiff, on behalf of all other Californians similarly situated,
against Defendant for its alleged illegal wiretapping of their
electronic communications with Defendant's website,
https://www.massageenvy.com, in violation of the California
Invasion of Privacy Act.
According to the complaint, the Defendant has secretly deployed
"keystroke monitoring" software that Defendant uses to
surreptitiously intercept, monitor, and record the communications
(including keystrokes and mouse clicks) of all visitors to its
Website. The Defendant neither informs visitors nor seeks their
express or implied consent prior to this wiretapping. The Plaintiff
and Class Members did not know at the time of the communications
that Defendant was secretly intercepting, monitoring, recording,
and sharing the electronic communications, says the suit.
Massage Envy Franchising LLC is an American massage and skin care
national franchisor.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
David W. Reid, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS, A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
dreid@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
MASTERCARD INC: Faces Antitrust Suit in CA Court
------------------------------------------------
Mastercard Inc. disclosed in its Form 10-Q Report for the quarterly
period ended June 30, 2022, filed with the Securities and Exchange
Commission on July 28, 2022, that it is facing a proposed U.S.
merchant class action complaint filed in March 2016 in a federal
court in California alleging that MasterCard, Visa, American
Express and Discover, EMVCo and a number of issuing banks engaged
in a conspiracy to shift fraud liability for card present
transactions from issuing banks to merchants not yet in compliance
with the standards for EMV chip cards in the United States, in
violation of the Sherman Act and California law.
Plaintiffs allege damages equal to the value of all charge-backs
for which class members became liable as a result of the EMV
Liability Shift on October 1, 2015. The plaintiffs seek treble
damages, attorney's fees and costs and an injunction against future
violations of governing law, and the defendants have filed a motion
to dismiss.
In September 2016, the district court denied the Network
Defendants' motion to dismiss the complaint, but granted such a
motion for EMVCo and the Bank Defendants. In May 2017, the district
court transferred the case to New York so that discovery could be
coordinated with the U.S. merchant class interchange litigation
described above.
In August 2020, the district court issued an order granting the
plaintiffs' request for class certification. In January 2021, the
Network Defendants' request for permission to appeal the district
court's certification decision to the appellate court was denied.
The plaintiffs have submitted expert reports that allege aggregate
damages in excess of $1 billion against the four Network
Defendants. The defendants have submitted expert reports rebutting
both liability and damages. Briefing on summary judgment is
scheduled to commence in October 2022.
Mastercard Inc. is a technology company in the global payments
industry based in New York.
MASTERCARD INC: Faces Antitrust Suit in DC Court
------------------------------------------------
Mastercard Inc. disclosed in its Form 10-Q Report for the quarterly
period ended June 30, 2022, filed with the Securities and Exchange
Commission on July 28, 2022, that a complaint styled as a class
action lawsuit in the U.S. District Court for the District of
Columbia against both Mastercard and Visa filed in October 2011 by
a trade association of independent Automated Teller Machine (ATM)
operators and 13 independent ATM operators is currently ongoing.
Plaintiffs seek to represent a class of non-bank operators of ATM
terminals that operate in the United States with the discretion to
determine the price of the ATM access fee for the terminals they
operate.
Plaintiffs allege that Mastercard and Visa have violated Section 1
of the Sherman Act by imposing rules that require ATM operators to
charge non-discriminatory ATM surcharges for transactions processed
over Mastercard's and Visa's respective networks that are not
greater than the surcharge for transactions over other networks
accepted at the same ATM.
Plaintiffs seek both injunctive and monetary relief equal to treble
the damages they claim to have sustained as a result of the alleged
violations and their costs of suit, including attorneys' fees.
In January 2012, the plaintiffs in the ATM Operators Complaint and
the ATM Consumer Complaints filed amended class action complaints
that largely mirror their prior complaints. In February 2013, the
district court granted Mastercard's motion to dismiss the
complaints for failure to state a claim.
On appeal, the Court of Appeals reversed the district court's order
in August 2015 and sent the case back for further proceedings. In
September 2019, the plaintiffs filed their motions for class
certification in which the plaintiffs, in aggregate, allege over $1
billion in damages against all of the defendants. In August 2021,
the trial court issued an order granting the plaintiffs' request
for class certification.
Visa and Mastercard's request for permission to appeal the
certification decision to the appellate court was granted. Oral
argument on the appeal is scheduled for September 2022.
Mastercard Inc. is a technology company in the global payments
industry based in New York.
MASTERCARD INC: Faces TCPA Suit in Florida Court
-------------------------------------------------
Mastercard Inc disclosed in its Form 10-Q Report for the quarterly
period ended June 30, 2022, filed with the Securities and Exchange
Commission on July 28, 2022, that Mastercard is a defendant in a
Telephone Consumer Protection Act (TCPA) class action pending in
Florida.
The plaintiffs are individuals and businesses who allege that
approximately 381,000 unsolicited faxes were sent to them
advertising a Mastercard co-brand card issued by First Arkansas
Bank (FAB).
The TCPA provides for uncapped statutory damages of $500 per fax.
Mastercard has asserted various defenses to the claims, and has
notified FAB of an indemnity claim that it has (which FAB has
disputed). In December 2019, the FCC issued a declaratory ruling
clarifying that the TCPA does not apply to faxes sent to online fax
services that are received online via e-mail.
In January 2021, the magistrate judge serving on the district court
issued an opinion recommending that the district court judge deny
plaintiffs' class certification motion. In light of an appellate
court decision, issued subsequent to the magistrate's
recommendation, the district court judge instructed the parties to
re-brief the motion for class certification.
In December 2021, the trial court narrowed the scope of the
potential class as it denied the plaintiffs' motion for class
certification of a class of all fax recipients (both stand-alone
faxes and online faxes sent via email).
However, the court granted class certification for a narrower class
of stand-alone fax recipients only. Mastercard's request to appeal
that decision was denied.
Mastercard Inc. is a technology company in the global payments
industry based in New York.
MAZDA CANADA: Faces Class Action Over Defective Locking System
--------------------------------------------------------------
David A. Wood, writing for CarComplaints.com, reports that a Mazda
Canada class action lawsuit alleges customers deserve to be
compensated if the vehicle driver's side doors were dented.
The Canadian class action lawsuit includes:
"All physical persons domiciled or residing in Quebec, being or
having been lessees, finance lessees or owners of a make and model
Mazda 3 vehicle, model years 2004, 2005, 2006 and 2007 who were
victims of a theft or an attack which left one or more dents around
the driver's side door handle."
The lawsuit has went on for years as the Court of Appeal of Quebec
rendered judgment on January 16, 2016, demanding Mazda Canada
compensate certain customers because the Mazda vehicles allegedly
have defective locking systems.
The class action alleges this makes these vehicles more likely to
be targeted and owners weren't warned.
The claims process has begun for Mazda customers in Canada.
Affected customers must complete claim forms to be compensated for
the following.
The cost of repairing damage to the Mazda driver's side door caused
during an "attempted or successful malicious intrusion."
The customer may also get help with insurance deductibles and the
values of any stolen items.
If you believe you are a member of this class action lawsuit in
Canada, please call 514-982-4545, or send an email to
recours-mazda3@woods.qc.ca. [GN]
META PLATFORMS: Class Action Over "Imposter Page" Can Proceed
-------------------------------------------------------------
Lisa Steacy, writing for CTVNewsVancouver.ca, reports that a B.C.
man's lawsuit against Facebook -- in which he is claiming $50
million in damages because the social media giant did not take down
an "imposter page" -- will be allowed to proceed, according to a
court ruling.
The decision, posted online, followed a hearing in June in which
Facebook argued the claim should be tossed out because it was
"scandalous, frivolous or vexatious," Justice John J. Steeves
wrote.
THE IMPOSTER PAGE
The claim was initially filed by Timothy Craig Durkin, a Vancouver
Island resident, in 2020. In March of that year, a summary included
in the decision says, Durkin was told that there was a Facebook
account using his identity "without his knowledge or consent."
Because Durkin himself did not have an account on the platform, he
asked friends and others to report the account online. Durkin, on
the other hand, said he followed the process for non-Facebook users
to report these types of accounts.
"On clicking the submit button, the Plaintiff received a pop-up
window stating 'Your request couldn't be processed. There was a
problem with this request. We are working on getting it fixed as
soon as we can,'" the court documents say.
For the next three months, Durkin said, he tried this option to no
avail. He also claims the Facebook users who reported the account
received no reply.
On July 21, 2020, Durkin's claim says he couriered a letter to the
company's managing director in Canada "describing the identity
theft and requesting the imposter page be torn down from the social
media network," the court heard. When the suit was filed the
following month, no response had been received.
Durkin's claim argues that the company "acted recklessly,
negligently and willfully" by permitting the "imposter account to
be created without verifying the identity of the account holder and
by allowing it to remain online despite requests that it be
removed."
"The relief sought in the plaintiff's claim includes aggravated and
punitive damages in the amount of $50 million, the removal of the
imposter page and disclosure of the identity of the person or
persons responsible for the creation of the imposter page," Steeves
wrote.
The defendants Meta Platforms Inc. (formerly Facebook Inc.) and
Facebook Canada Ltd. have denied all of the claims and they have
not been tested in court.
FACEBOOK APPLIES TO HAVE CASE THROWN OUT
They applied to have the claim struck under Supreme Court Civil
Rule 9-5, which allows the court to dismiss all or part of a claim
on four grounds, including that the case has no prospect of
succeeding and that the claim is an abuse of process.
Durkin argued that any issues with his claim were due to the fact
that he is not a lawyer and is representing himself.
Steeves ultimately - but reservedly - sided with Durkin.
"I do not agree with the defendants that the claim discloses no
reasonable claim, that it is unnecessary, scandalous, frivolous or
vexatious, that it may prejudice, embarrass or delay the fair trial
or hearing of the proceeding, or that it is otherwise is an abuse
of the process of the Court," he wrote.
"The claim has its difficulties, for sure, but I am unable at this
stage to conclude that it is bound to fail."
CLAIM MUST BE AMENDED
The judge did find issues with the lawsuit, specifically that the
four elements required to claim negligence were not outlined and
neither were the ways in which the company is alleged to have
breached privacy legislation. Durkin will be allowed to amend his
claim to include these elements.
"In my view, it is clear enough that the plaintiff says that the
defendants acted negligently and contrary to privacy legislation
when they used their platform to publish information in the
plaintiff's name and permitted someone else to open an account in
his name, all without his authorization," the court heard.
"He says further that the defendants were negligent in failing to
remove the imposter account for five months."
PUBLICITY STUNT?
Durkin's case was reported on in the media and the company argued
that the claim of $50 million was a "publicity stunt" and an abuse
of process serious enough to warrant striking the claim.
Although Durkin explicitly used the phrase "to attract media
attention" in one of his responses to the company, the judge was
not persuaded that this was enough to prove the claim itself or the
damages sought were "vexatious or an abuse of the court process."
Durkin also said that after his months-long effort to get the fake
account taken down, the media exposure resulted in its removal
"within minutes," the court heard.
LITIGATION HISTORY
Steeves' ruling pointed out that while Durkin does not have a
lawyer in this case, "considerable qualification is required when
describing him as self-represented in the sense of inexperienced,"
noting his involvement as a party in seven other lawsuits.
Facebook argued the way Durkin has conducted himself in other cases
illustrated a pattern of "deliberate and wilful non-compliance with
the rules and orders of this court," according to the ruling, which
noted Durkin was found in one case to have been "evasive,
combative, deliberately vague and frequently dishonest."
Steeves also said one case brought by Durkin was dismissed under
Rule 9-5 and in another, a judge found that he swore a false
affidavit.
"I am not sure the defendants' submission goes this far, but I do
not conclude that the plaintiff's conduct in previous cases by
itself means he is barred from proceeding with the subject claim,"
he wrote.
"In the event the plaintiff's conduct as reflected in previous
cases arises again, then it is open to the defendants to respond
with the appropriate court applications." [GN]
META PLATFORMS: Dismissal of Securities Suit Under Appeal
---------------------------------------------------------
Meta Platforms, Inc. disclosed in its Form 10-Q Report for the
quarterly period ended June 30, 2022, filed with the Securities and
Exchange Commission on July 28, 2022, that the plaintiff in a class
action against the company has appealed the dismissal of the case
in the U.S. Court of Appeals for the Ninth Circuit.
Beginning on July 27, 2018, two putative class actions were filed
in federal court in the United States against the company and
certain of its directors and officers alleging violations of
securities laws in connection with the disclosure of the company's
earnings results for the second quarter of 2018 and seeking
unspecified damages.
These two actions subsequently were transferred and consolidated in
the U.S. District Court for the Northern District of California
with the putative securities class action relating to platform and
user data practices.
On September 25, 2019, the district court granted the company's
motion to dismiss the consolidated putative securities class
action, with leave to amend.
On November 15, 2019, a second amended complaint was filed in the
consolidated putative securities class action. On August 7, 2020,
the district court granted the company's motion to dismiss the
second amended complaint, with leave to amend.
On October 16, 2020, a third amended complaint was filed in the
consolidated putative securities class action. On December 20,
2021, the district court granted our motion to dismiss the third
amended complaint, with prejudice.
On January 17, 2022, the plaintiffs filed a notice of appeal of the
order dismissing their case, and the appeal is now pending before
the U.S. Court of Appeals for the Ninth Circuit.
Meta Platforms, Inc. is a technology company based in California.
META PLATFORMS: Faces Class Action for Misleading Investors
-----------------------------------------------------------
Siri Christiansen, writing for Citywire Selector, reports that the
Danish pension company PFA and the US state of Ohio have been
chosen to lead a class action lawsuit against Facebook's parent
company Meta, accusing the company of misleading investors.
The lawsuit, in which PFA will act as a class representative,
refers to a "number of issues" between May and October 2021 that
resulted in financial losses for investors, who are now seeking
compensation.
The plaintiffs argue that an algorithm change, intended to increase
user engagement, resulted in misinformation and harmful content
becoming "disproportionately widespread." They also criticise Meta
for having assured the public that Facebook's standards of conduct
were applied equally to all users while building a system that
exempted millions of high-profile users from facing consequences
when breaking the rules.
This "misinformation to the market" resulted in a "significant
price drop and damage to its investors", PFA said.
Rasmus Bessing, PFA Asset Management's chief operating officer,
said his firm had a responsibility to invest its customers' pension
savings responsibly.
"As investors, we must be able to trust that the listed companies
in which we invest our clients' money provide timely, complete and
accurate information to us and the rest of the market," Bessing
said.
"Additionally, we believe that Meta, as one of the world's largest
content providers and social media [firms], has a responsibility to
uphold its publicly stated obligations to apply its standards of
conduct equally to all users and to take appropriate steps to
prevent the proliferation of misinformation or harmful content."
[GN]
META PLATFORMS: Faces Class Action Over Data Tracking Tool
----------------------------------------------------------
The Economic Times reports that Meta (formerly Facebook) has been
sued in the US for violating patient privacy with a data tracking
tool.
Two proposed class-action lawsuits alleged that Meta and major US
hospitals used a Meta Pixel tracking tool that sends health
information to Facebook, reports The Verge.
In June, an investigation by The Markup found that several hospital
websites have a tracking tool that sends sensitive medical
information to Facebook when people schedule appointments.
The hospitals using the tool may violate the medical privacy law,
the Health Insurance Portability and Accountability Act (HIPAA).
Under the medical privacy law, hospitals and healthcare
organisations need patient consent to share personally identifiable
health information with outside groups.
The Meta tool can be installed on websites to provide analytics on
Facebook and Instagram ads.
"It also collects information about how people click around and
input information into those websites," said the report.
The lawsuits must now be certified as class actions by a judge
before moving forward.
Patients alleged in the lawsuits that their medical information was
sent to Facebook by the Meta Pixel tool and was later "served
advertisements targeted to her heart and knee conditions".
One lawsuit alleged that at least 664 healthcare providers had sent
medical data to Facebook through the Meta Pixel. [GN]
META PLATFORMS: Faces Consumer Suits in California Court
--------------------------------------------------------
Meta Platforms, Inc. disclosed in its Form 10-Q Report for the
quarterly period ended June 30, 2022, filed with the Securities and
Exchange Commission on July 28, 2022, that multiple putative class
actions were filed against the company beginning on March 20, 2018
alleging fraud and violations of consumer protection, privacy, and
other laws in connection with the same matters, several of the
cases brought on behalf of consumers in the United States were
consolidated in the U.S. District Court for the Northern District
of California.
On September 9, 2019, the court granted, in part, and denied, in
part, the company's motion to dismiss the consolidated putative
consumer class action. Fact discovery is scheduled to close on
September 16, 2022, and the plaintiffs' motion for class
certification is scheduled to be heard on May 23, 2023.
Meta Platforms, Inc. is a technology company based in California.
META PLATFORMS: Faces Securities Suit in Various US Courts
----------------------------------------------------------
Meta Platforms, Inc. disclosed in its Form 10-Q Report for the
quarterly period ended June 30, 2022, filed with the Securities and
Exchange Commission on July 28, 2022, that beginning on March 20,
2018, multiple putative class actions and derivative actions were
filed in state and federal courts in the United States and
elsewhere against the company and certain of its directors and
officers alleging violations of securities laws, breach of
fiduciary duties, and other causes of action in connection with
their platform and user data practices as well as the misuse of
certain data by a developer that shared such data with third
parties in violation of our terms and policies, and seeking
unspecified damages and injunctive relief.
Meta Platforms, Inc. is a technology company based in California.
META PLATFORMS: Faces Securities Suits in California Court
----------------------------------------------------------
Meta Platforms, Inc. disclosed in its Form 10-Q Report for the
quarterly period ended June 30, 2022, filed with the Securities and
Exchange Commission on July 28, 2022, that on March 8, 2022, a
putative class action was filed in the U.S. District Court for the
Northern District of California against the company and certain of
its directors and officers alleging violations of securities laws
in connection with the disclosure of its earnings results for the
fourth quarter of 2021 and seeking unspecified damages.
Meta Platforms, Inc. is a technology company based in California.
MOLECULAR PARTNERS: Vincent Wong Reminds of September 12 Deadline
-----------------------------------------------------------------
The Law Offices of Vincent Wong on Aug. 8 disclosed that a class
action lawsuit has commenced on behalf of investors. This lawsuit
is on behalf of a class consisting of persons and entities that
purchased or otherwise acquired: (a) Molecular Partners American
Depositary Shares pursuant and/or traceable to certain documents
issued in connection with the Company's initial public offering
conducted on or about June 16, 2021; and/or (b) Molecular Partners
securities between June 16, 2021, and April 26, 2022.
If you suffered a loss on your investment in Molecular Partners,
contact us about potential recovery by using the link below. There
is no cost or obligation to you.
https://www.wongesq.com/pslra-1/molecular-partners-lawsuit-form?prid=30611&wire=4
ABOUT THE ACTION: The class action against Molecular Partners
includes allegations that the Company made materially false and/or
misleading statements and/or failed to disclose that: (i) the
Company's product, ensovibep, was less effective at treating
COVID-19 than defendants had led investors to believe; that (ii)
accordingly, the the U.S. Food and Drug Administration ("FDA") was
reasonably likely to require an additional Phase 3 study of
ensovibep before granting the drug Emergency Use Authorization
("EUA"); (iii) waning global rates of COVID-19 significantly
reduced the Company's chances of securing EUA for ensovibep; (iv)
another of the Company's product candidates, MP0310, was less
attractive to Molecular Partners' collaborator, Amgen, than
defendants had led investors to believe; (v) accordingly, there was
a significant likelihood that Amgen would return to global rights
of MP0310 to Molecular Partners; (vi) as a result of all the
foregoing, the clinical and commercial prospects of ensovibep and
MP0310 were overstated; and (vii) as a result, documents issues in
connection with the Company's initial public offer and defendants'
public statements throughout the class period were materially false
and/or misleading and failed to state information required to be
stated therein.
DEADLINE: September 12, 2022
Aggrieved Molecular Partners investors only have until September
12, 2022 to request that the Court appoint you as lead plaintiff.
You are not required to act as a lead plaintiff in order to share
in any recovery.
Vincent Wong, Esq. is an experienced attorney who has represented
investors in securities litigations involving financial fraud and
violations of shareholder rights. Attorney advertising. Prior
results do not guarantee similar outcomes.
CONTACT:
Vincent Wong, Esq.
39 East Broadway
Suite 304
New York, NY 10002
Tel. 212.425.1140
E-Mail: vw@wongesq.com [GN]
MORGAN STANLEY: Website Inaccessible to Blind Users, Hobbs Says
---------------------------------------------------------------
ALEXANDRA HOBBS, on behalf of herself and all other persons
similarly situated, Plaintiffs v. MORGAN STANLEY & CO. LLC,
Defendant, Case No. 1:22-cv-06141 (S.D.N.Y., July 19, 2022) arises
from the Defendant's failure to design, construct, maintain, and
operate its website https://www.morganstanley.com/ to be fully
accessible to, and independently usable by, the Plaintiff and other
blind or visually impaired people in violation of the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law.
The Plaintiff alleges that the Defendant engaged in acts of
intentional discrimination due to the inaccessibility of its
website, and seeks a permanent injunction to cause Defendant to
change its corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and visually
impaired consumers.
Morgan Stanley & Co. LLC operates as an investment management
company.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, New York 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
MOVE INC: Faucett Files Suit Over Unsolicited Marketing Calls
-------------------------------------------------------------
PRIESTLEY FAUCETT, individually and on behalf of all others
similarly situated, Plaintiff v. MOVE, INC. d/b/a REALTOR.COM,
Defendant, Case No. 2:22-cv-04948 (C.D. Cal., July 20, 2022) is a
class action brought by the Plaintiff against the Defendant seeking
to secure redress for violations of the Telephone Consumer
Protection Act.
The complaint alleges that the Defendant engaged in aggressive
unsolicited marketing to promote its services, harming thousands of
consumers, including the Plaintiff, in the process.
Through this action, the Plaintiff seeks injunctive relief to halt
Defendant's illegal conduct, which has resulted in the invasion of
privacy, harassment, aggravation, and disruption of the daily life
of thousands of individuals. The Plaintiff also seeks statutory
damages on behalf of himself and members of the Class, and any
other available legal or equitable remedies.
Move, Inc., d/b/a REALTOR.COM, is a real estate listings company
that hosts online platforms for buyers, sellers, and renters to
post and search for real estate listings.[BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park E #1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
NATIONSTAR MORTGAGE: Washington Suit Removed to N.D. Ohio
---------------------------------------------------------
The case styled as Mary Washington, Peola Warren, individually and
on behalf of all others similarly situated v. Nationstar Mortgage
LLC d/b/a Mr. Cooper, Case No. CV-22-965312 was removed from the
Common Pleas Court, Cuyahoga County, to the U.S. District Court for
the Northern District of Ohio on August 5, 2022.
The District Court Clerk assigned Case No. 1:22-cv-01392 to the
proceeding.
The nature of suit is Other Contract for Account Receivable.
Nationstar Mortgage LLC doing business as Mr. Cooper --
https://www.mrcoopergroup.com/ -- is one of the largest home loan
servicers in the country focused on delivering a variety of
servicing and lending products, services and technologies.[BN]
The Plaintiffs appear pro se.
The Defendant is represented by:
K. Issac deVyver, Esq.
MCGUIRE WOODS - PITTSBURGH
260 Forbes Avenue, Ste. 1800
Pittsburgh, PA 15222
Phone: (412) 667-7988
Fax: (412) 667-7976
Email: kdevyver@mcguirewoods.com
NEVZAT ZENELI: Clifton FLSA Suit Moved From E.D. to W.D. Texas
--------------------------------------------------------------
The case styled NATHAN CLIFTON, individually and on behalf of all
others similarly situated v. NEVZAT ZENELI D/B/A ITALIAN GARDEN,
Case No. 6:22-cv-00276, was transferred from the U.S. District
Court for the Eastern District of Texas to the U.S. District Court
for the Western District of Texas on August 2, 2022.
The Clerk of Court for the Western District of Texas assigned Case
No. 5:22-cv-00838 to the proceeding.
The case arises from the Defendant's alleged failure to pay the
Plaintiff and similarly situated restaurant workers overtime pay
for all hours worked in excess of 40 hours in a workweek in
violation of the Fair Labor Standards Act.
Nevzat Zeneli, doing business as Italian Garden, is a restaurant
owner and operator in Canyon Lake, Texas. [BN]
The Plaintiff is represented by:
Douglas B. Welmaker, Esq.
WELMAKER LAW, PLLC
409 N. Fredonia, Suite 118
Longview, TX 75601
Telephone: (512) 799-2048
E-mail: doug@welmakerlaw.com
NEWMONT CORPORATION: Ontario Court OKs Discontinuance of Class Suit
-------------------------------------------------------------------
Newmont Corporation disclosed in its Form 10-K/A Report for the
fiscal year ended December 31, 2021, filed with the Securities and
Exchange Commission on July 28, 2022, that the motion to
discontinue a class action was granted by the court.
On October 28, 2016 and February 14, 2017, separate proposed class
actions were commenced in the Ontario Superior Court of Justice
pursuant to the Class Proceedings Act (Ontario) against the Company
and certain of its current and former officers.
Both statements of claims alleged common law negligent
misrepresentation in Goldcorp, Inc.'s public disclosure concerning
the Peñasquito mine and also pleaded an intention to seek leave
from the Court to proceed with an allegation of statutory
misrepresentation pursuant to the secondary market civil liability
provisions under the Securities Act (Ontario).
By a consent order, the latter lawsuit proceeded, and the former
action has been stayed. The active lawsuit purports to be brought
on behalf of persons who acquired Goldcorp Inc. securities in the
secondary market during an alleged class period from October 30,
2014 to August 23, 2016.
An amended complaint was filed in the active lawsuit, which removed
the individual defendants, and requested leave of the Court to
pursue only the statutory cause of action. In July of 2021,
plaintiff's counsel filed a motion to discontinue the active
lawsuit. The motion was granted by the Court in September 2021,
discontinuing the active lawsuit, but the company was not provided
notice of the court's decision until the first quarter of 2022.
Newmont Corporation and its affiliates and subsidiaries operate in
the mining industry based in Colorado.
NOOT INC: Lukashik Files Suit in C.D. California
------------------------------------------------
A class action lawsuit has been filed against Noot, Inc. The case
is styled as Kevin Lukashik, Lorenzo Costa, Zachary Goodier, James
England, individually and on behalf of all others similarly
situated v. NOOT, Inc., Case No. 2:22-mc-00149 (C.D. Cal., Aug. 5,
2022).
The nature of suit is stated as Other Statutory Actions.
Noot, Inc. -- http://www.nootinc.com/Home.html-- develops a search
engine for people with mobile smartphones.[BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW PA
1925 Century Park East Suite 1700
Los Angeles, CA 90067
Phone: (305) 975-3320
Fax: (786) 623-0915
Email: scott@edelsberglaw.com
NOY LLC: Hanyzkiewicz Files ADA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Noy, LLC. The case is
styled as Marta Hanyzkiewicz, on behalf of herself and all others
similarly situated v. Noy, LLC, Case No. 1:22-cv-04665 (E.D.N.Y.,
Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
NOY -- https://noyskincare.com/ -- is a holistic skin care &
wellness studio founded by Danna Omari.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
NWESTCO LLC: Guerrrero Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against NWestco LLC, et al.
The case is styled as Edwin Ruiz Guerrrero, and all others
similarly situated v. NWestco LLC, Does 1 to 50, Case No.
34-2022-00324792-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., Aug.
5, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
Nwestco -- https://nwestco.com/ -- deals in distributing equipment,
installing it, and offering maintenance to car washes and retail
fuel stations.[BN]
The Plaintiff is represented by:
Kyle D. Smith, Esq.
KYLE D. SMITH
1801 Century Park E., Ste. 850
Los Angeles, CA 90067-2346
Phone: 310-824-3828
Email: ks@melmedlaw.com
OFFICE FURNITURE: Iskhakova Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Office Furniture
Heaven, Inc. The case is styled as Marina Iskhakova, on behalf of
herself and all others similarly situated v. Office Furniture
Heaven, Inc., Case No. 1:22-cv-04670 (E.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Office Furniture Heaven, Inc. --
https://www.officefurnitureheaven.com/ -- is a NYC office furniture
and office design company that specializes in creating beautiful
offices for clients.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
PAPA HOTEL: Lucero Files Suit Over Discrimination, Improper Wages
-----------------------------------------------------------------
CLAUDIA LUCERO, MAGDALENA L. ROJAS, OLGA SAAVEDRA, and MARIA DEL
CARMEN SILVA on behalf of themselves, and those similarly situated,
Plaintiffs v. PAPA HOTEL CORP. (d/b/a JETSET HOTEL and d/b/a METRO
SUITES HOTEL), MANNY CHADHA and PARAS CHADHA in their individual
and professional capacities, Defendants, jointly and severally,
Case No. 1:22-cv-06100 (S.D.N.Y., July 18, 2022) is a class action
brought by the Plaintiffs arising from the Defendants' alleged
violations of the Fair Labor Standards Act, the New York Labor Law,
and the New York City Human Rights Law.
The suit centers around four female Plaintiffs who are of Hispanic,
Indigenous Mexican National Origin and are actual or perceived
immigrants hired at various times directly by Defendants to work as
full-time housekeeping employees of Papa Hotel Corp. around April
2010 to September 2021.
The Plaintiffs seek monetary, declaratory and injunctive relief
from an egregious case of a continuous sexually and racially
hostile work environment, discrimination in employment on the basis
of sex, race, national origin, and retaliation for protected
activities. They also bring this action to recover minimum wage
and/or overtime, unlawful deductions and for failure to provide
proper wage notices and wage statements pursuant to FLSA and NYLL.
The Defendants own, operate and/or manage a portfolio of cash only
hourly "hotels" in the Bronx, New York.[BN]
The Plaintiffs are represented by:
Kristina Mazzocchi, Esq.
KRISTINA MAZZOCCHI, ESQ., PLLC
43 W 43rd St Ste 153
New York, NY 10036-7424
Telephone: (212) 859-3478
PAPE-DAWSON ENGINEERS: Charitat Files Suit in W.D. Texas
--------------------------------------------------------
A class action lawsuit has been filed against Pape-Dawson
Engineers, Inc., et al. The case is styled as Richard Charitat, on
behalf of himself and all others similarly situated v. Pape-Dawson
Engineers, Inc., Case No. 5:22-cv-00862 (W.D. Tex., Aug. 8, 2022).
The nature of suit is stated as Other Contract for Breach of
Contract.
Pape-Dawson -- https://www.pape-dawson.com/ -- provides
professional civil engineering, surveying, GIS, and environmental
services for public and private clients across Texas.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
PAYCOR INC: Misclassifies Implementation Consultants, Terry Says
----------------------------------------------------------------
Eric Terry, individually and on behalf of all others similarly
situated, and the proposed Ohio Rule 23 Class, Plaintiff v. PayCor,
Inc., Defendant, Case No. 1:22-cv-00419-MRB (S.D. Ohio, July 19,
2022) arises from the Defendant's alleged unlawful failure to pay
Plaintiff and similarly situated employees for all of their hours
worked, including overtime hours, in violation of the Fair Labor
Standards Act and the Ohio Minimum Fair Wage Standards Act.
According to the complaint, the Defendant employed implementation
consultants, associate implementation consultants, and others in
similar positions, paid them on a salary basis, and classified them
as exempt, and did not pay them for all of the hours they worked,
including their overtime hours. As a result of Defendant's
intentional and illegal pay practice, Plaintiff and Class members
were deprived of their overtime compensation for their overtime
hours worked, says the suit.
Plaintiff Terry worked for Defendant as an implementation
consultant from approximately March 2020 to January 2022.
PayCor, Inc. operates as a software company with its principal
place of business in Cincinnati, Ohio.[BN]
The Plaintiff is represented by:
Lindsey Wagner, Esq.
WAGNER LEGAL, P.C
6605 Longshore St. Ste. 240 #340
Dublin, OH 43017
Telephone: (213) 584-2050
E-mail: lindsey@wagnerlegalpc.com
- and -
Rachhana T. Srey, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 215-6870
E-mail: srey@nka.com
- and -
Daniel S. Brome, Esq.
NICHOLS KASTER, LLP
235 Montgomery St., Suite 810
San Francisco, CA 94104
Telephone: (415) 277-7235
Facsimile: (415) 277-7238
E-mail: dbrome@nka.com
PENDLETON COMMUNITY BANK: Lewis Files Suit in N.D. West Virginia
----------------------------------------------------------------
A class action lawsuit has been filed against Pendleton Community
Bank, Inc., et al. The case is styled as Penny Lewis, on behalf of
herself and all others similarly situated v. Pendleton Community
Bank, Inc., Case No. 2:22-cv-00012-TSK (N.D.W. Va., Aug. 5, 2022).
The nature of suit is stated as Other Contract.
Pendleton Community Bank -- https://www.yourbank.bank/ -- provides
mortgage, financial, banking, personal and business loan
services.[BN]
The Plaintiff is represented by:
Christopher D. Jennings, Esq.
JOHNSON FIRM
610 President Clinton Avenue, Suite 300
Little Rock, AR 72201
Phone: (501) 372-1300
Email: chris@yourattorney.com
- and -
James Gerard Stranch, IV, Esq.
BRANSTETTER STRANCH & JENNINGS PLLC
223 Rosa L. Parks Avenue
Freedom Building, Ste. 200
Nashville, TN 37203
Phone: (615) 254-8801
Fax: (615) 250-3937
Email: gerards@bsjfirm.com
- and -
Lynn A. Toops, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
Email: ltoops@cohenandmalad.com
- and -
Rodney A. Smith, Esq.
BAILESS SMITH PLLC
120 Capitol Street
Charleston, WV 25301
Phone: (304) 342-0550
Fax: (304) 344-5529
Email: rod@lawwv.com
PIPELIFE JET STREAM: Washington Files FLSA Suit in W.D. Arkansas
----------------------------------------------------------------
A class action lawsuit has been filed against Pipelife Jet Stream,
Inc. The case is styled as Nicholas Washington, individually and on
behalf of all others similarly situated v. Pipelife Jet Stream,
Inc., Case No. 5:22-cv-05165-TLB (W.D. Ark., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Jet Stream -- https://jetstreampipes.com/ -- is one of the leading
suppliers of plastic pipe systems.[BN]
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM
10800 Financial Centre Parkway
Little Rock, AR 72211
Phone: (501) 221-0088
Fax: (888) 787-2040
Email: josh@sanfordlawfirm.com
PLANET WINGS: Zinnamon Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Planet Wings
Enterprises, Inc. The case is styled as Warren Zinnamon, on behalf
of himself and all others similarly situated v. Planet Wings
Enterprises, Inc., Case No. 1:22-cv-06665 (S.D.N.Y., Aug. 5,
2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Planet Wings -- https://planetwings.com/ -- has been offering
responsibly sourced chicken wings Since 1994.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steins
PROJECT VERITAS: Gioia et al. Sue Over Failure to Pay OT Wages
--------------------------------------------------------------
NICK GIOIA, ANTONIETTA ZAPPIER, and DAN SCHUY, individually and on
behalf of others similarly situated, Plaintiff v. PROJECT VERITAS,
Defendant, Case No. 7:22-cv-06710 (S.D.N.Y., August 7, 2022) is a
collective and class action complaint brought by the Plaintiffs
against the Defendant seeking for monetary and other relief
pursuant to the Fair Labor Standards Act.
Plaintiff Gioia and Schuy were employed by the Defendant as video
editors from on or about May 2019 until on or about October 2021
and from on or about September 2018 and April 2019, respectively.
Plaintiff Zappier worked as an administrative assistant from on or
about September 23, 2019 until on or about March 30, 2022.
The Plaintiffs assert that they generally worked more than 40 hours
per week, but the Defendant did not compensate them for the time
they spent working over 40 hours at one and one-half times their
regular hourly-rate. In addition, the Defendant also failed to pay
them one hour of bonus pay at the minimum wage rate for each day
they worked more than 10 hours, allege the Plaintiffs.
On behalf of themselves and all other similarly situated employees,
the Plaintiffs seek all unpaid wages, liquidated damages,
reasonable attorneys' fees, costs, pre-judgment interest, and other
relief as the Court deems proper and just.
Project Veritas is an American far-right activist group, which
produces deceptively edited videos of its undercover operations,
and use secret recordings in an effort to discredit mainstream
media organizations and progressive groups. [BN]
The Plaintiffs are represented by:
Arthur Z. Schwartz, Esq.
Richard Soto, Esq.
ADVOCATES FOR JUSTICE
225 Broadway, Suite 1902
New York, NY 10007
Tel: (212) 285-1400
PUR SOMA: Slade Files ADA Suit in S.D. New York
-----------------------------------------------
A class action lawsuit has been filed against Pur Soma, LLC. The
case is styled as Linda Slade, individually and as the
representative of a class of similarly situated persons v. Pur
Soma, LLC, Case No. 1:22-cv-06713 (S.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Pursoma -- https://www.pursomalife.com/ -- is a beauty wellness
brand that creates products to combat urban toxicity.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
QUALCOMM INC: Faces Securities Suit in California Court
-------------------------------------------------------
QUALCOMM Incorporated disclosed in its Form 10-Q Report for the
quarterly period ended June 26, 2022, filed with the Securities and
Exchange Commission on July 27, 2022, that beginning in January
2017, a number of consumer class action complaints were filed
against the company in the United States District Courts for the
Southern and Northern Districts of California, each on behalf of a
putative class of purchasers of cellular phones and other cellular
devices. In April 2017, the Judicial Panel on Multidistrict
Litigation transferred the cases that had been filed in the
Southern District of California to the Northern District of
California.
On July 11, 2017, the plaintiffs filed a consolidated amended
complaint alleging that the company violated California and federal
antitrust and unfair competition laws by, among other things,
refusing to license standard-essential patents to the company's
competitors, conditioning the supply of certain of baseband
chipsets on the purchaser first agreeing to license the entire
patent portfolio, entering into exclusive deals with companies,
including Apple Inc., and charging unreasonably high royalties that
do not comply with the commitments to standard setting
organizations.
The complaint sought unspecified damages and disgorgement and/or
restitution, as well as an order that we be enjoined from further
unlawful conduct. On August 11, 2017, the company filed a motion to
dismiss the consolidated amended complaint.
On November 10, 2017, the court denied the motion, except to the
extent that certain claims seek damages under the Sherman Antitrust
Act. On July 5, 2018, the plaintiffs filed a motion for class
certification, and on September 27, 2018, the court granted that
motion.
The company appealed the district court's class certification order
to the United States Court of Appeals for the Ninth Circuit (Ninth
Circuit), and on September 29, 2021, the Ninth Circuit vacated the
class certification order, ruling that the district court had
failed to correctly assess the propriety of applying California law
to a nationwide class.
The Ninth Circuit remanded the case to the district court and
instructed the court to consider the effect of United States
Federal Trade Commission (FTC) v. QUALCOMM Incorporated (which the
Ninth Circuit decided in favor of Qualcomm in August 2020) on this
case. On June 10, 2022, the plaintiffs filed an amended complaint,
limiting the proposed class to California residents rather than a
nationwide class.
QUALCOMM Incorporated Radio & TV Broadcasting & Communications
Equipment based in California.
QUEST DIAGNOSTICS: Cole Alleges Unlawful Disclosure of Medical Info
-------------------------------------------------------------------
ANGELA COLE and BEATRICE ROCHE, individually and on behalf of all
others similarly situated, Plaintiffs v. QUEST DIAGNOSTICS, INC.,
Defendant, Case No. 1:22-cv-00892-JLT-SKO (E.D. Cal., July 19,
2022) seeks legal and equitable remedies under the California
Invasion of Privacy Act arising from the Defendant's conduct of
aiding, employing, agreeing with, and conspiring with Facebook to
eavesdrop on communications sent and received by Plaintiffs and
Class members, including communications containing protected
medical information.
According to the complaint, Defendant's Facebook Tracking Pixel
disclosed medical information because it transmitted a patient's
Facebook ID and other Facebook identifiers, which constitutes
individually identifiable information, alongside event data that
disclosed the URL of the webpage a patient accessed to review test
results. By doing so, Defendant disclosed individually identifiable
information regarding a patient's medical history, mental or
physical condition, or treatment, says the suit.
The Plaintiffs brought this suit on behalf of all persons who have
visited questdiagnostics.com or myquest.questdiagnostics.com.
Quest Diagnostics, Inc. describes itself as "the world's leading
provider of diagnostic information services," providing "the
world's largest database of clinical lab results," and "annually
serv[ing] one in three adult Americans and half the physicians and
hospitals in the United States."[BN]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
RECREATIONAL EQUIPMENT: Velazquez Files ADA Suit in S.D. New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Recreational
Equipment, Inc. The case is styled as Bryan Velazquez, on behalf of
himself and all others similarly situated v. Recreational
Equipment, Inc., Case No. 1:22-cv-06731 (S.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Recreational Equipment, Inc., commonly known as REI --
https://www.rei.com/ -- is an American retail and outdoor
recreation services corporation.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
RENITA LLC: Faces Raslavich Suit Over Unsolicited Telephone Calls
-----------------------------------------------------------------
ANNA RASLAVICH, individually and on behalf of all others similarly
situated, Plaintiff v. RENITA LLC, Defendant, Case No. 153489050
(Fla. Cir., 13th Judicial, Hillsborough Cty., July 18, 2022) is a
class action brought against the Defendant under the Florida
Telephone Solicitation Act.
According to the complaint, the Defendant engages in telephonic
sales calls to consumers, including Plaintiff, without having
secured prior express written consent as required by the FTSA to
promote its goods and services. The Defendant further violated the
law as it made and/or knowingly allowed the telephonic sales calls
to Plaintiff and the Class members to be made utilizing an
automated system for the selection or dialing of telephone
numbers.
Through this action, the Plaintiff seeks an injunction and
statutory damages on behalf of Plaintiff individually and the Class
members and any other available legal or equitable remedies
resulting from the unlawful actions of Defendant, says the suit.
RENITA LLC is a New York Limited Liability Company doing business
in the state of Florida.[BN]
The Plaintiff is represented by:
Benjamin W. Raslavich, Esq.
KUHN RASLAVICH, P.A.
2110 West Platt Street
Tampa, FL 33606
Telephone: (813) 422-7782
Facsimile: (813) 422-7783
E-mail: ben@theKRfirm.com
ROLLS-ROYCE MARINE: Bruner Sues Over Failure to Pay Overtime Wages
------------------------------------------------------------------
MARK BRUNER, individually and on behalf of others similarly
situated, Plaintiff v. ROLLS-ROYCE MARINE NORTH AMERICA INC., a
Massachusetts corporation, Defendant, Case No.
1:22-cv-00203-HSO-BWR (S.D. Miss., August 5, 2022) brings this
complaint as a collective action against the Defendant seeking to
recover unpaid overtime compensation and other damages pursuant to
the Fair Labor Standards Act.
The Plaintiff was employed by the Defendant as an hourly-paid
production personnel employee, specifically as a Computer Numerical
Control machinist, from approximately 2012 until April 2022.
The Plaintiff claims that he and other similarly situated
production personnel employees regularly worked in excess of 40 per
within weekly pay periods. However, the Defendant did not pay them
their lawfully earned overtime compensation at the rate of one and
one-half times their regular rates of pay for all hours worked in
excess of 40 per workweek. They are required by the Defendant to
complete post-shift reports for which they are not paid, comprising
of anywhere from 17 to 35 minutes per shift.
Rolls-Royce Marine North America Inc. manufactures most of the
propulsion system used by U.S. Navy ships, including aircraft
carriers, destroyers and other vessels. [BN]
The Plaintiff is represented by:
James K. Wetzel, Esq.
Garner J. Wetzel, Esq.
WETZEL LAW FIRM
Post Office Box I
Gulfport, MS 39502
Tel: (228) 864-6400
Fax: (228) 863-1793
E-mail: jkwetzel@wetzellawfirm.com
gjwetzel@wetzellawfirm.com
- and –
Robert E. Turner, Esq.
Robert E. Morelli, Esq.
JACKSON, SHIELDS, YEISER, HOLT,
OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Tel: (901) 754-8001
Fax: (901) 754-8524
E-mail: rturner@jsyc.com
rmorelli@jsyc.com
ROUNDY'S ILLINOIS: Faces Ayed Wage-and-Hour Suit in N.D. Ill.
-------------------------------------------------------------
RUBA AL AYED, individually and on behalf of all others similarly
situated, Plaintiff v. ROUNDY'S ILLINOIS, LLC D/B/A MARIANO'S,
Defendant, Case No. 1:22-cv-03993 (N.D. Ill., August 1, 2022) is a
class action against the Defendant for its failure to compensate
the Plaintiff and similarly situated workers overtime pay for all
hours worked in excess of 40 hours in a workweek in violation of
the Fair Labor Standards Act, the Illinois Minimum Wage Law, and
the Chicago Minimum Wage Ordinance.
The Plaintiff worked for the Defendant as a process safety
management (PSM) personnel from approximately May 2016 to January
2022.
Roundy's Illinois, LLC, doing business as Mariano's, is an operator
of a chain of grocery stores within Illinois. [BN]
The Plaintiff is represented by:
John W. Billhorn, Esq.
Samuel D. Engelson, Esq.
BILLHORN LAW FIRM
53 West Jackson Blvd., Suite 1137
Chicago, IL 60604
Telephone: (312) 853-1450
ROUNDY'S ILLINOIS: Milbourn Suit Alleges Unpaid OT for Workers
--------------------------------------------------------------
ZACHARY MILBOURN, on behalf of himself and all others similarly
situated, Plaintiff v. ROUNDY'S ILLINOIS, LLC D/B/A MARIANO'S,
Defendant, Case No. 1:22-cv-03988 (N.D. Ill., August 1, 2022) is a
class action against the Defendant for its failure to compensate
the Plaintiff and similarly situated workers overtime pay for all
hours worked in excess of 40 hours in a workweek in violation of
the Fair Labor Standards Act, the Illinois Minimum Wage Law, and
the Chicago Minimum Wage Ordinance.
The Plaintiff worked for the Defendant as a PSM from approximately
February 2017 to August 2018.
Roundy's Illinois, LLC, doing business as Mariano's, is an operator
of a chain of grocery stores within Illinois. [BN]
The Plaintiff is represented by:
John W. Billhorn, Esq.
Samuel D. Engelson, Esq.
BILLHORN LAW FIRM
53 West Jackson Blvd., Suite 1137
Chicago, IL 60604
Telephone: (312) 853-1450
SAGE DENTAL: Faces Ellingsworth Suit Over Telemarketing Calls
-------------------------------------------------------------
SOFIA ELLINGSWORTH, individually and on behalf of all others
similarly situated, Plaintiff v. SAGE DENTAL GROUP OF FLORIDA,
PLLC, Defendant, Case No. 9:22-cv-81059-AMC (S.D. Fla., July 20,
2022) is a class action brought against the Defendant under the
Florida Telephone Solicitation Act and the Telephone Consumer
Protection Act.
According to the complaint, the Defendant engages in telephonic
sales calls to consumers without having secured prior express
written consent as required by the FTSA to promote its goods and
services. The Defendant's telephonic sales calls have caused
Plaintiff and the Class members harm, including violations of their
statutory rights, statutory damages, annoyance, nuisance, and
invasion of their privacy, says the suit.
Through this action, the Plaintiff seeks an injunction and
statutory damages on behalf of herself and the Class members, and
any other available legal or equitable remedies resulting from the
unlawful actions of Defendant.
Sage Dental Group of Florida, PLLC is a Florida dental group that
provides general dental care and specialty care services and has
branches in Florida and Georgia. The company also sells consumer
goods such as dental devices and products.[BN]
The Plaintiff is represented by:
Jacob Phillips, Esq.
NORMAND PLLC
3165 McCrory Place, Ste. 175
Orlando, FL 32803
Telephone: (407) 603-6031
E-mail: Jacob.phillips@normandpllc.com
- and -
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Christopher Gold, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (786) 289-9471
Facsimile: (786) 623-0915
E-mail: scott@edelsberglaw.com
chris@edelsberglaw.com
SAMSUNG ELECTRONICS: Mason Sues Over Defective Electric, Gas Ranges
-------------------------------------------------------------------
ROBERT A. MASON, individually and on behalf of all others similarly
situated, Plaintiff v. SAMSUNG ELECTRONICS AMERICA, INC. and
SAMSUNG ELECTRONICS CO., LTD., Defendants, Case No. 5:22-cv-01244
(C.D. Cal., July 18, 2022) is a class action against Samsung on
behalf of individuals, in California, who purchased a defective
Samsung electric or gas range with front-mounted burner control
knobs that purportedly must be depressed and turned in ordered to
activate the heating element of the range.
According to the complaint, the defective condition of the Samsung
Ranges is the result of the low detent (catch that prevents motion
until released) force and tiny distance the burner control knobs
need to travel to be turned to the "on" position, which is
inadequate to prevent unintentional activation. In other words, the
ease with which the knobs can be rotated without resistance fails
to prevent the cooktop from being turned on inadvertently, says the
suit.
The complaint further claims that Samsung is aware of the Defect
and has continued to market, distribute, and retail the Samsung
Ranges. Consumers have filed numerous incident reports about the
Defect with the U.S. Consumer Product Safety Commission, provided
reviews detailing the problem to Samsung and its authorized
retailers, and filed complaints and warranty claims directly with
Samsung. Indeed, Samsung has admitted the problem on its own
website and instructed consumers to purchase third-party guards to
prevent inadvertent activation of the Samsung Ranges, the suit
adds.
The Plaintiff and Class members allegedly suffered economic injury
as a result of purchasing the Samsung Ranges that have burners that
repeatedly and unexpectedly turn on. They assert that the
Defendants violated the Magnuson-Moss Warranty Act, the
Song-Beverly Warranty Act, and the California Business and
Professions Code due to the alleged conduct.
Samsung Electronics America, Inc. manufactures electronic products.
The Company offers televisions, digital cameras, cell phones,
storage devices, home appliances, security systems, smartwatches,
and computer products.[BN]
The Plaintiff is represented by:
Trenton R. Kashima, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
401 West C St., Suite 1760
San Diego, CA 92101
Telephone: (714) 651-8845
E-mail: tkashima@milberg.com
- and -
Alex R. Straus, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (865) 247-0080
E-mail: astraus@milberg.com
- and -
Gary Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
SANTA MONICA, CA: Sued for Illegal Towing, Impounding of Vehicles
-----------------------------------------------------------------
Canyon News reports that a class action lawsuit has been filed
against the city of Santa Monica accusing them, the police chief,
and All City Tow Service of illegally towing and impounding the
vehicles of unlicensed drivers.
Lawyers stated that it is street vendors who are being targeted of
these practices and also accuses law enforcement of harassing many
vendors. According to reports, vendors who have permits are
unreasonably cited.
Citations start at $100 and quickly grow to $500. These citations
cause many vendors an undue hardship having to pay for the
citation.
"Not long ago, they towed three of my vehicles and I paid over
$5,000," said Jorge Luis Cruz to ABC7. Cruz is a business owner who
operates a fleet of licensed fruit carts in the area.
Santa Monica issued a press release regarding the matter that read:
"The City of Santa Monica is aware of the pending class action
civil rights lawsuit against the City, which also names personnel
within the Santa Monica Police Department and City Manager's
Office. Due to the pending litigation, the City is unable to
provide details in response to inquiries related to this matter.
The City of Santa Monica and Santa Monica Police Department are
committed to the values of accountability, equity, inclusion, and
safety, and to protecting and supporting communities of color in
our City.
Our police department is deeply committed to protecting our City in
accordance with the U.S. Constitution and treating all with dignity
and respect. Our officers are professional and compassionate and
dedicate themselves to maintaining public safety while building
trust in our community." [GN]
SDDC GOODS: Toro Files ADA Suit in S.D. New York
------------------------------------------------
A class action lawsuit has been filed against SDDC Goods, LLC. The
case is styled as Andrew Toro, on behalf of herself and all others
similarly situated v. SDDC Goods, LLC, Case No. 1:22-cv-06629-VSB
(S.D.N.Y., Aug. 4, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
SDDC Goods, LLC -- https://sddcgoods.com/ -- offers a high quality
baby shoes and apparel.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
SEAWORLD PARKS: Freeman Labor Suit Removed to S.D. California
-------------------------------------------------------------
The case styled EDWARD FREEMAN and KIMBERLY LYNN, individually and
on behalf of all others similarly situated v. SEAWORLD PARKS &
ENTERTAINMENT, INC.; SEA WORLD LLC; and DOES 1 through 50,
inclusive, Case No. 37-2022-00025151-CU-OE-CTL, was removed from
the Superior Court of the State of California, San Diego County, to
the U.S. District Court for the Southern District of California on
August 1, 2022.
The Clerk of Court for the Southern District of California assigned
Case No. 3:22-cv-01127-BEN-JLB to the proceeding.
The case arises from the Defendants' breach of written contract,
breach of the implied covenant of good faith and fair dealing,
violation of San Diego Municipal Code, unfair business practices in
violation of California's Business and Professions Code, wrongful
termination of employment, unlawful prevention of employment in
violation of California Labor Code, and interference with
prospective economic advantage.
SeaWorld Parks & Entertainment, Inc. is a theme park and
entertainment company, headquartered in Orlando, Florida.
Sea World LLC is a theme park and entertainment company,
headquartered in San Diego, California. [BN]
The Defendants are represented by:
Aaron H. Cole, Esq.
Catherine L. Brackett, 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: aaron.cole@ogletree.com
catherine.brackett@ogletree.com
- and –
Susan M. Wilson, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
3430 E. Sunrise Drive, Suite 220
Tucson, AZ 85718
Telephone: (520) 544-0300
Facsimile: (520) 544-9675
E-mail: susan.wilson@ogletree.com
SESAME PLACE: Faces $25MM Racial Discrimination Class Action
------------------------------------------------------------
Larry Elder, writing for The Brunswick News, reports that "Daddy,
why do White people treat colored people so mean?" asked Dr. Martin
Luther King Jr.'s 5-year-old son six decades ago.
A Baltimore family recently filed a $25 million class action racial
discrimination lawsuit against Sesame Place, a Muppets-themed
amusement park outside Philadelphia. A video showed a Muppet
character named Rosita high-fiving White kids while appearing to
blatantly ignore the extended hands of little Black kids. Other
Black families said the same thing happened to their kids, too.
The park apologized. But this failed to appease the Rev. Jesse
Jackson, who, in a letter accusing the park of "racist characters
snubbing Black kids," made several demands, including appointing
Blacks to its board of directors, that it spend money on
Black-owned businesses and require its workers to undergo
sensitivity training.
There's a lot we don't know. Who was in the costumes? Were Black
kids intentionally mistreated? But let's assume that these Black
kids were, in fact, snubbed because of their race. How these kids
deal with this slight will be entirely dictated by their parents.
Does Rosita reflect "systemic racism," a microcosm of Blacks'
second-class status? Or do the parents teach their children to put
this incident in perspective by instructing their kids that not
everybody behaves properly, and that people like that win if you
become bitter and view life through race-tinted glasses?
In April 1963, King, while in a Birmingham, Alabama jail following
a minor traffic offense, wrote his famous letter in which he
described the emotional toll of being second class, especially in
the Jim Crow South. It read, in part: "When you suddenly find your
tongue twisted and your speech stammering as you seek to explain to
your 6-year-old daughter why she can't go to the public amusement
park that has just been advertised on television, and see tears
welling up in her eyes when she is told that Funtown is closed to
colored children, and see ominous clouds of inferiority beginning
to form in her little mental sky, and see her beginning to distort
her personality by developing an unconscious bitterness toward
White people; when you have to concoct an answer for a 5-year-old
son who is asking: 'Daddy, why do White people treat colored people
so mean?'"
That was a very different time, a world before a Black president, a
Black female vice president, Black secretaries of state, Black U.S
attorneys general, Black governors, Black Supreme Court members, a
Black secretary of defense, Black U.N. ambassadors and Black mayors
of nearly every major city.
Philadelphia has had Black mayors. In 1988, a Black man became the
city's first Black Commissioner of the Philadelphia Police
Department, a position currently held by a Black woman. In 2006, a
Black man was the Republican candidate for governor of
Pennsylvania. A Black man is a Democratic nominee for lieutenant
governor in the 2022 election. The Philadelphia superintendent of
public schools is Black. Pennsylvania's population is 11% Black,
and Blacks make up 9% of the state legislators.
Not exactly the Jim Crow South.
Meanwhile, in 2021 Philadelphia had a record number of homicides,
and this year is on track to exceed last year's number. Most of the
perps and victims are Black. While nationwide about 10% of American
families have their kids in private school, a 2004 study by the
Fordham Institute found that 44% of Philadelphia government
schoolteachers with school-age kids put them in private schools.
Recent videos show a Black toddler attempting to strike Black
Minneapolis police officers, with one little kid calling a Black
cop an "Oreo." A Black 16-year-old with a criminal record who
fought violently with an NYPD officer in a subway station was
released in less than 24 hours. He asked the judge whether he could
press charges against the cops. As for Baltimore, the hometown of
the family that filed the lawsuit, 2017 tests show 13 public high
schools in Baltimore where 0% of students were math proficient and
another half-dozen where only 1% were math proficient.
Has Jesse Jackson said a word about any of this?
Larry Elder is a best-selling author and nationally syndicated
radio talk-show host. [GN]
SIGNATURE LANDSCAPE: Underpays Landscape Laborers, Valdez Claims
----------------------------------------------------------------
Rogelio Garcia Valdez, on behalf of himself and others similarly
situated, Plaintiff v. Signature Landscape, LLC (Kansas Limited
Liabilty Corporation), Defendant, Case No. 2:22-cv-02276 (D. Kan.,
July 18, 2022) arises from the Defendant's violations of the Fair
Labor Standards Act, the Kansas Wage Payment Act, and the Missouri
Minimum Wage Law by failing to pay Plaintiff and other similarly
situated employees time and one-half their regular rate of pay for
all hours worked during a workweek.
The Plaintiff currently works for Signature as a landscape laborer
and at locations throughout Eastern Kansas and Western Missouri,
and has worked for Signature since approximately February of 2019.
Signature Landscape, LLC is a landscaping design and services
provider headquartered in Olathe, Johnson County, Kansas.[BN]
The Plaintiff is represented by:
Brendan J. Donelon, Esq.
DONELON, P.C.
4600 Madison, Ste. 810
Kansas City, MO 64112
Telephone: (816) 221-7100
Facsimile: (816) 709-1044
E-mail: brendan@donelonpc.com
- and -
Ashley Atwell-Soler, Esq.
HOLMAN SCHIAVONE, LLC
4600 Madison Ave., Suite 810
Kansas City, MO 64112
Telephone: (816) 285-1224
E-mail: AAtwell@hslawllc.com
SILVERTHORNE CHEVROLET: Miller Seeks Service Advisors' Unpaid Wages
-------------------------------------------------------------------
STACEY I. MILLER, individually and on behalf of others similarly
situated, Plaintiff v. SCOTT SILVERTHORNE, SILVERTHORNE CHEVROLET,
INC., and SILVERTHORNE AUTO GROUP, INC., Defendants, Case No.
3:22-cv-01575 (S.D. Ill., July 19, 2022) arises from the
Defendants' alleged underpayment of overtime compensation and
systematic failure and refusal to include the commission/bonus
payments in the calculation of Plaintiff and other hourly
employees' regular rates of pay in violation of the Fair Labor
Standards Act and the Illinois Minimum Wage Law.
Ms. Miller was hire by the Defendants to work as service advisor in
the Service Department at the Silverthorne Chevrolet dealership
from approximately September 2020 until the date of her wrongful
termination in late October 2021.
Silverthorne Chevrolet, Inc. and Defendant Silverthorne Auto Group,
Inc. are American car dealers based in Robinson, Crawford County,
Illinois.[BN]
The Plaintiff is represented by:
Robert P. Kondras, Jr., Esq.
HASSLER KONDRAS MILLER LLP
100 Cherry Street
Terre Haute, IN 47807
Telephone: (812) 232-9691
Facsimile: (812) 234-2881
E-mail: kondras@hkmlawfirm.com
SPRINGFIELD PIE: Martinez Sues Over Drivers' Unreimbursed Expenses
------------------------------------------------------------------
JOSE MARTINEZ, individually and on behalf of similarly situated
persons, Plaintiff v. SPRINGFIELD PIE, INC., and AUGUSTO GARCIA
JR., Defendants, Case No. 3:22-cv-30095-MGM (D. Mass., July 20,
2022) is brought against the Defendants for alleged flawed
automobile reimbursement policy and for unpaid minimum wages and
overtime hours owed to Plaintiff and similarly situated delivery
drivers in violation of the Fair Labor Standards Act.
According to the complaint, instead of reimbursing delivery drivers
for the reasonably approximate costs of the business use of their
vehicles, Defendants use a flawed method to determine reimbursement
rates that provides such an unreasonably low rate beneath any
reasonable approximation of the expenses they incur that the
drivers' unreimbursed expenses cause their wages to fall below the
federal minimum wage during some or all workweeks.
The Plaintiff was employed by Defendants from approximately
February 2018 to January 2022 as a delivery driver at Defendants'
Domino's store located in Springfield, Massachusetts.
The Defendants operate numerous Domino's Pizza franchise
stores.[BN]
The Plaintiff is represented by:
Anthony A. Orlandi, Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
223 Rosa Parks Ave. Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
E-mail: aorlandi@bsjfirm.com
STARBUCKS CORPORATION: McAllister Files Suit in E.D. California
---------------------------------------------------------------
A class action lawsuit has been filed against Starbucks
Corporation. The case is styled as Jason McAllister, on behalf of
himself and all others similarly situated v. Starbucks Corporation,
Case No. 2:22-at-00832 (E.D. Cal., Aug. 8, 2022).
The nature of suit is stated as Other Fraud.
Starbucks Corporation -- http://www.starbucks.com/-- is an
American multinational chain of coffeehouses and roastery reserves
headquartered in Seattle, Washington.[BN]
The Plaintiff is represented by:
Robert Abiri, Esq.
CUSTODIO & DUBEY LLP
445 S. Figueroa St., Suite 2520
Los Angeles, CA 90071
Phone: (213) 593-9095
Email: abiri@cd-lawyers.com
SUPER EGO: Atkinson Sues Over Deceptive Business Practices
----------------------------------------------------------
LARRY ATKINSON; EUGENE WALKER; JASON GREENE; and GIOVANNI WILLIAMS,
individually and on behalf of all others similarly situated,
Plaintiffs v. SUPER EGO HOLDING LLC; FLOYD, INC.; KORDUN EXPRESS
INC; ROCKET EXPEDITING LLC; JORDAN HOLDINGS, INC; REX TRUCKING INC;
and ALEKSANDAR MIMIC, Defendants, Case No. 1:22-cv-04127 (N.D.
Ill., Aug. 5, 2022) is an action against the Defendants for breach
of contract, fraud, conversion, civil conspiracy, and violations of
the Truth In Leasing Act and the Illinois Consumer Fraud and
Deceptive Business Practices Act.
The Plaintiffs alleges in the complaint that the Defendants
conspired to engage in a widespread, longstanding scheme to defraud
owner-operators/lessors with whom they contract to steal part of
their compensation.
The Plaintiffs worked for the Defendants as owner-operator/lessors,
using trucks they leased to transport loads in interstate commerce.
The Defendants executed agreements with Plaintiffs to lease their
equipment ("Lease Agreements") and pay them 88% of the rate of each
load they transported for the Defendants.
Instead of paying the contractually promised amounts, the
Defendants wrongfully conspired to secretly alter the third-party
brokers' load confirmation documents to reduce the actual rate
price of each load, shared only the altered versions of the load
confirmation documents with Plaintiffs, and then paid the
Plaintiffs only 88% percentage of the fraudulently reduced load
rate, says the suit.
SUPER EGO HOLDING LLC is a transportation company operating
throughout US. [BN[
The Plaintiff is represented by:
Christopher J. Wilmes, Esq.
Emily R. Brown, Esq.
HUGHES SOCOL PIERS RESNICK & DYM
70 W. Madison St., Ste. 4000
Chicago, IL 60602
Telephone: (312) 580-0100
Email: cwilmes@hsplegal.com
ebrown@hsplegal.com
- and -
James Stark, Esq.
STARK LAW OFFICES, LLC
110 W Roosevelt Rd.
Wheaton, IL 60187
Telephone: (708) 228-1017
Email: jstark@framewills.com
SUTHERLAND GLOBAL: Underpays Customer Service Reps, Roper Claims
----------------------------------------------------------------
BOBBY ROPER, individually and on behalf of all others similarly
situated, Plaintiff v. SUTHERLAND GLOBAL SERVICES, INC., Defendant,
Case No. 6:22-cv-06310 (W.D.N.Y., July 20, 2022) is a collective
action against the Defendant to recover overtime wages, liquidated
damages, and other applicable penalties brought pursuant to the
Fair Labor Standards Act; and a class action pursuant to the state
laws of Texas and Fed. R. Civ. Proc. 23 to recover unpaid straight
time, and other applicable penalties.
Plaintiff Roper has been employed by the Defendant as a remote
customer service representative in Texas since approximately July
2020.
Sutherland Global Services, Inc. is a business process outsourcing
company with locations across the United States, United Arab
Emirates, the Philippines, Mexico, Great Britain, India, China, and
Canada.[BN]
The Plaintiff is represented by:
Clif Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
- and -
Robert Mullin, Esq.
FERR & MULLIN, P.C.
40 Wildbriar Road, Suite 100
Rochester, NY 14623
Telephone: (585) 869-0210
Facsimile: (585) 869-0211
E-mail: rlmullin@FerrMullinLaw.com
T. ROWE PRICE: Settles Employees' ERISA Suit
---------------------------------------------
T. Rowe Price Group, Inc. disclosed in its Form 10-Q Report for the
quarterly period ended June 30, 2022, filed with the Securities and
Exchange Commission on July 28, 2022, that on July 6, 2022, the
parties in an Employee Retirement Income Security Act (ERISA) suit
reached a settlement agreement after the court issued an order
approving the settlement and dismissed the case with prejudice.
In February 14, 2017, T. Rowe Price Group, Inc., T. Rowe Price
Associates, Inc., T. Rowe Price Trust Company, current and former
members of the management committee, and trustees of the T. Rowe
Price U.S. Retirement Program were named as defendants in a lawsuit
filed in the United States District Court for the District of
Maryland.
The lawsuit alleges breaches of ERISA's fiduciary duty and
prohibited transaction provisions on behalf of a class of all
participants and beneficiaries of the T. Rowe Price 401(k) Plan
from February 14, 2011, to the time of judgment. The matter has
been certified as a class action. Subsequently, the parties reached
a settlement agreement, and on July 6, 2022, the Court issued an
order approving the settlement and dismissed the case with
prejudice.
T. Rowe Price Group, Inc. is into Security & Commodity Brokers,
Dealers, Exchanges & Services based in Maryland.
TG THERAPEUTICS: Shapiro Sues Over 11.53% Share Price Drop
----------------------------------------------------------
EUGENE SHAPIRO, Individually and on Behalf of All Others Similarly
Situated, Plaintiff v. TG THERAPEUTICS, INC., MICHAEL S. WEISS, and
SEAN A. POWER, Defendants, Case No. 1:22-cv-06106 (S.D.N.Y., July
18, 2022) is a federal securities class action on behalf of the
Plaintiff and a class consisting of all persons and entities other
than Defendants that purchased or otherwise acquired TG
Therapeutics securities between January 15, 2020 and May 31, 2022,
both dates inclusive, seeking to recover damages caused by
Defendants' violations of the federal securities laws and to pursue
remedies under Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 and Rule 10b-5 promulgated thereunder, against the
Company and certain of its top officials.
TG Therapeutics, a commercial stage biopharmaceutical company,
focuses on the acquisition, development, and commercialization of
novel treatments for B-cell malignancies and autoimmune diseases.
The Company's therapeutic product candidates include Ublituximab,
an investigational glycoengineered monoclonal antibody for the
treatment of B-cell non-hodgkin lymphoma, chronic lymphocytic
leukemia, and relapsing forms of multiple sclerosis; and
Umbralisib, or UKONIQ, an oral inhibitor of PI3K-delta and
CK1-epsilon for the treatment of CLL, marginal zone lymphoma, and
follicular lymphoma.
In January 2020, TG Therapeutics initiated a rolling submission of
a New Drug Application (NDA) to the U.S. Food and Drug
Administration, requesting accelerated approval of Umbralisib as a
treatment for patients with previously treated marginal zone
lymphoma (MZL) and follicular lymphoma (FL) (the "Umbralisib MZL/FL
NDA").
In December 2020, TG Therapeutics initiated a rolling submission of
a Biologics License Application (BLA) to the FDA for Ublituximab in
combination with Umbralisib, as a treatment for patients with CLL
(the "U2 BLA").
Throughout the Class Period, the Defendants allegedly made
materially false and misleading statements regarding the Company's
business, operations, and compliance policies. Specifically,
Defendants made false and/or misleading statements and/or failed to
disclose that: (i) clinical trials revealed significant concerns
related to the benefit-risk ratio and overall survival data of
Ublituximab and Umbralisib; (ii) accordingly, it was unlikely that
the Company would be able to obtain FDA approval of the Umbralisib
MZL/FL NDA, the U2 BLA, the U2 sNDA, or the Ublituximab RMS BLA in
their current forms; (iii) as a result, the Company had
significantly overstated Ublituximab and Umbralisib's clinical
and/or commercial prospects; and (iv) therefore, the Company's
public statements were materially false and misleading at all
relevant times, says the suit.
On this news, TG Therapeutics' stock price fell $0.51 per share, or
11.53%, to close at $3.91 per share on June 1, 2022.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, the suit alleges.[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Thomas H. Przybylowski, Esq.
POMERANTZ LLP
600 Third Avenue
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
tprzybylowski@pomlaw.com
THERMA LLC: Cisneros Labor Code Suit Removed to N.D. California
---------------------------------------------------------------
The case styled ANICIA CISNEROS, on behalf of herself and all
others similarly situated v. THERMA, LLC and DOES 1-50, inclusive,
Case No. 22CV399660, was removed from the Superior Court of the
State of California, Santa Clara County, to the U.S. District Court
for the Northern District of California on August 1, 2022.
The Clerk of Court for the Northern District of California assigned
Case No. 5:22-cv-04455 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California's Unfair Competition Law
including failure to pay all minimum wages, failure to pay all
overtime wages, failure to provide meal period, failure to provide
rest period, wage statement violations, waiting time penalties, and
unfair competition.
Therma, LLC is a specialty mechanical contractor in California.
[BN]
The Defendant is represented by:
Jesse C. Ferrantella, Esq.
Andrew J. Deddeh, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Telephone: (858) 652-3100
Facsimile: (858) 652-3101
E-mail: jesse.ferrantella@ogletree.com
andrew.deddeh@ogletree.com
TRATTORIA TRE: Tenezela Sues Over Restaurant Servers' Unpaid Wages
------------------------------------------------------------------
LUIS TENEZELA, on behalf of himself and others similarly situated,
Plaintiff v. TRATTORIA TRE COLORI, INC., VICTOR GONZALEZ, FELIPE
GONZALEZ, and MARCO GONZALEZ, Defendants, Case No. 520373/2022
(N.Y. Sup., Kings Cty., July 18, 2022) arises from the Defendants'
alleged violations of the Fair Labor Standards Act and New York
Labor Law.
According to the complaint, the Defendants failed to pay Plaintiff
and Class Members' the legally federally required minimum wage and
overtime wage for all hours worked over 40 hours in a workweek;
illegally misappropriated Plaintiff and the Class members' tips and
required them to share tips with tip-ineligible employees;
willfully and intentionally failed to compensate Plaintiff and the
Class Members one hour's pay at the basic New York minimum hourly
wage rate when their workdays lasted more than 10 hours; and failed
to provide Plaintiff and the members of the Class with the
notices/wage statements.
The Plaintiff worked for Defendants' restaurant as a server from
March 2017 through 2018.
Trattoria Tre Colori, Inc. owns and operates the restaurant
Trattoria Trecolori located in New York City.[BN]
The Plaintiff is represented by:
D. Maimon Kirschenbaum, Esq.
Denise A. Schulman, Esq.
Michael DiGiulio, Esq.
JOSEPH KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
Telephone: (212) 688-5640
Facsimile: (212) 688-2548
UNITED STATES: Black Farmers Balk at Medical Marijuana System
-------------------------------------------------------------
Paul Nutcher, writing for The Ledger, reports that nearly six years
ago, the Florida Legislature set aside a medical marijuana license
for a Black farmer like John Allen to join the burgeoning
industry.
But the license still has not been issued by the Florida Department
of Health, which regulates the industry.
Twenty-two licenses have been issued but none so far to a Black
farmer, despite the aim of the Legislature in 2016. In the
intervening years, the licenses have generated enormous revenues
from some of the license holders -- frustrating the Black farmers
who wonder how they can catch up.
"The license should have been released going on five, now six years
ago, where a lot of the white farmers are now $150 million to $175
million ahead of the game versus the Black farmers that have to
start over at zero and are behind the ball again and the medical
marijuana industry," said Raymond Warthen, co-founder and president
of Orlando-based Zion Infinite Farms, which has applied for a
license. "It's unfortunate."
Meanwhile, several top marijuana cultivators have gained sizable
market share within Florida's $1.2 billion medical marijuana
treatment center (MMTC) industry, which is poised to reach $2
billion in annual sales by 2025.
A report in MJBiz Daily in June 2021 said, "The 14 active MMTC
license holders operate 347 dispensaries with three -- Trulieve,
Surterra, Curaleaf -- controlling more than two-thirds of the
market."
The top six medical marijuana treatment centers account for nearly
90% of all sales. The health department's Office of Medical
Marijuana Use lists 22 licensed treatment centers.
Florida Black farmers like Allen have struggled to participate in
the medical marijuana industry because of laws they say are too
narrowly focused for them to get into the business, with the
seed-to-sale vertically integrated business requirement as one of
the big ones.
Cited by TheCounter.org, a nonprofit independent news organization
covering issues from farming to food, Roz McCarthy, director of
Minorities for Medical Marijuana in Orlando, said the full-service
requirement can be a financial hurdle.
"That $146,000 tag (application fee) is also just a fraction of the
total costs," she said. "Attorney fees, hiring technical writers
and consultants, along with sourcing real estate for cultivation,
processing, and dispensing locations, could run applicants at least
half a million dollars."
And while many have pointed to the current process to obtain a
treatment center license as unfair and discriminatory, the health
department has since opened up another window for applications. The
application window in March was only open to Pigford-Black farmer
litigants.
But Black farmers in Florida who were part of the Pigford vs.
Glickford (USDA) class action lawsuit are either too old and frail
to farm, lack financial resources despite the lawsuit settlement or
have died before the license could be issued.
Once awarded, the licensee would have to compete against
multi-state giants such as Trulieve Cannabis Corp., which operates
in 11 U.S. states and has a market capitalization of $2.31 billion,
a Yahoo Finance report said.
Allen, president of FTG Development Inc. in Cape Coral, is now one
of 12 applicants for the Black farmer license who hope to hear from
the state agency in the coming weeks.
The Pigford vs. Glickman/USDA case
Discrimination against Black farmers in America is not new.
"Forty acres and a mule. As the Civil War drew to a close, the
United States government created the Freedmen's Bureau to provide
assistance to former slaves," wrote U.S. District Judge Paul L.
Friedman in his 1999 opinion for the landmark Pigford vs.
Glickman/USDA case.
"The government promised to sell or lease to farmers parcels of
unoccupied land and land that had been confiscated by the Union
during the war, and it promised the loan of a federal government
mule to plow that land," Friedman said.
Some Blacks took advantage of these programs and bought or leased
farmland. During Reconstruction, however, President Andrew Johnson
vetoed a bill to enlarge the powers and activities of the
Freedmen's Bureau, and he reversed many of its policies.
Much of the promised land that had been leased to Black farmers was
taken away and returned to Confederate loyalists, Friedman said.
"For most African-Americans, the promise of 40 acres and a mule was
never kept."
Despite the government's failure to live up to its promise,
African-American farmers persevered. By 1910, they had acquired
approximately 16 million acres of farmland. By 1920, there were
925,000 Black-operated farms in the United States.
Today, fewer than 50,000 Black farmers are left nationwide. The
Federation of Southern Cooperatives puts the figures much lower,
but for the same time period, Black-owned farms disappeared at
three times faster than white-owned farms.
When the Pigford case was settled and a consent decree issued in
1999, the case would become the largest settlement in U.S. history
with $2.3 billion to be paid to Black farmers "who claimed that
they were discriminated against by USDA officials as they 'farmed
or attempted to farm' and applied for farm loans or other USDA
benefits."
The suit claimed that the USDA had discriminated against Black
farmers and failed to investigate or respond to complaints from
1983 to 1997. Among the complaints were lost farm loan applications
to buy seeds or prohibiting Blacks access to loans at all.
Allen is a Black farmer litigant through an inheritance after his
family's farm in Alabama was part of the class-action settlements
under the Pigford lawsuit.
According to the health department website on June 9, "Applications
for the Pigford/Black Famers Litigation MMTC license are currently
under review."
Allen is a 51% owner of the FTG farm, which was a requirement in
the original law restricting the applications for the Black farmer
medical marijuana license. FTG has been registered with the state
of Florida for more than 38 years, which also met the initial
30-years-in-business requirement defined by the Department of
Health in the original legislation setting aside a license for a
Black farmer.
Legal Maneuvers
Disappointed with Florida's process, Allen filed two lawsuits
against the Department of Health in 2019 in hopes that his
organization, FTG Development Inc., would be considered for a
license and there still had not been a Black farmer license
issued.
In the first case, the judge ruled in favor of the Department of
Health, stating there was not an "open" application window in
October 2018 so the "Deemer provision," which requires state
agencies to respond within 90 days or issue the license, did not
apply for FTG.
FTG would have preferred to file an application and not gain the
license through a lawsuit, but the state was issuing licenses
through lawsuit settlements. Most of the lawsuits were filed by
applicants who were not awarded a license in 2015.
"I said to my guys, hey we're standing in the wrong line," Allen
said after seeing nine licenses issued following settlements with
2015 applicants.
In the second lawsuit, FTG sought to force the state agency to make
a license available to the company if they were successful in their
initial lawsuit but they lost the case.
Other requirements
Potential marijuana treatment centers also must pay a $146,000
application fee. That fee started at $60,000 initially and was
recently raised.
The jump in price was criticized as the money was non-refundable.
As of July 1, applicants will no longer lose their fee and can roll
over their application fees to enter the application pool at a
later date.
Medical marijuana license applicants originally had to have these
and several other requirements including a $5 million performance
bond, which Allen already met.
And while the full-service requirement has remained the law in
Florida, it has not been without critics.
Due to restrictions in the laws, only seven organizations that had
spent $667,000 on campaign contributions and nearly $1.5 million on
lobbyists had licenses by 2017, according to a report by the
Government Accountability Institute, a Tallahassee-based
conservative think tank.
"Critics of the system labeled them cartels," said the institute in
the February 2021 report entitled "Cannabis Cronyism."
In that report, Florida Republican Sen. Jeff Brandes of St.
Petersburg is quoted saying, "The laws on the books today promote a
state-sanctioned cartel system that limits competition, inhibits
access, and results in higher prices for patients."
The report produced by Jedd McFatter, research director for GAI,
continued in a similar vein: "However, more restrictions meant less
competition and more opportunities for investment and millions in
profits for the lucky few."
Politics of pot
According to Nikki Fried, who was a medical marijuana lobbyist
prior to taking office as Florida's agriculture secretary and is a
candidate in the Democratic gubernatorial primary, said the process
to award a Black farmer license has taken too long.
"The way that the state of Florida has handled the medical
marijuana licensure process for Black farmers is completely
unacceptable and discriminatory on its face," she said in October.
"We should be leveling the playing field for Black farmers who have
faced discrimination and other structural obstacles in the farming
industry, not doubling their fees and creating additional
regulatory burdens for them."
Fried said in a recent press release the state needs to investigate
"this blatantly discriminatory rule -- but in the meantime, they
should waive the application fees and accelerate the process
immediately."
She also called for a state investigation into the rule announced
by the Florida Department of Health that increased financial and
regulatory hurdles for Black farmers saying they were "potentially
discriminatory" by design.
Florida Democratic Sen. Darryl Rouson of St. Petersburg, who voted
in favor of the legislation providing a medical marijuana license
for a Black farmer, said he wants answers for the delays and a firm
date for the announcement of the Pigford license. Specifically, he
said, answers from the state agency on the issuance date for one of
those applications. He said he plans to reach out to Cassandra
Pasley, chief of staff at the Florida Department of Health, for
those answers.
"I am expecting to get the final analysis on where they are, what
they are doing in addition to talking about speeding this process
up," Rouson said. "I was getting a little frustrated with the lack
of announcements and what appeared to be inaction."
The Department of Health says the licensing timeline is in phase
two of a three-phase process.
Rouson, meanwhile, is not satisfied with the process.
"Much of this delay has been because of litigation," said Rouson,
who is also vice-chair of the Florida Legislative Black Caucus.
Rouson also said application fees have nearly tripled since the law
took effect and he requested the fees be rolled over into a future
application, a measure approved and signed by Gov. Ron DeSantis.
"There really should be more licenses for Black farmers," Rouson
said.
Black farmers await announcement
Warthen, of Zion Infinite Farms, bought land near Groveland hoping
to qualify for a treatment center license, but so far hasn't.
Warthen blamed the legislation for being too narrowly focused by
limiting licenses to Pigford case farmers, who now range in age
from 80 to 90 years old. He wants the Black farmer license for both
-- for those who are a part of the Pigford case and those who are
not.
"It's unfortunate and discriminatory -- that those families that
can apply and potentially get it have to be a part of a case dating
back to the 1980s," Warthen said. "Most of those people won't be
growing medical marijuana themselves so there should be an
exception made for current Black farmers who are not a part of the
Pigford case and have the same opportunity all the other white
farmers have had."
"I know applying as a Black farmer myself, we should have the same
opportunity as the previous organizations have had," Warthen
added.
Until the Black farmer license for medical marijuana is issued,
Allen remains positive about his chances of landing one.
"I feel pretty good about our chances," he said comparing his
enterprise to others applicants. "We have more qualifications that
they don't have." [GN]
UNITED STATES: Martin Sues Over Denied Equal Employment Benefits
----------------------------------------------------------------
Steve Martin, individually, and on behalf of others similarly
situated Plaintiff v. Antony Blinken, Secretary, U.S. Department of
State; Defendant, Case No. 1:22-cv-02124 (D.D.C., July 19, 2022) is
a class action lawsuit brought by Representative Plaintiff Steve
Martin, on his own behalf and on behalf of the proposed Class,
challenging the systematic failure of the U.S. Department of State
(DOS) to meet its obligations under Section 501 of the
Rehabilitation Act of 1973.
Plaintiff Steve Martin was a federal employee who served the
Department of Homeland Security and its predecessor agencies for 30
years when he was offered a prestigious assignment as Attache for
the DHS in New Delhi, India, in 2012. At the time, Plaintiff's
daughter, G.M., was a 12-year-old girl with diagnoses of
Attention-Deficit/Hyperactivity Disorder, Obsessive Compulsive
Disorder, and Dyslexia.
According to the complaint, DOS failed to conduct an individualized
assessment of G.M.'s history and/or medical needs, and DOS' Office
of Medical Services denied her overseas medical clearance based on
stereotypes of people with disabilities, rather than G.M.'s
particular circumstances. DOS' denial of G.M.'s medical clearance
deprived Plaintiff of employment benefits afforded to federal
employees whose Eligible Family Members do obtain overseas medical
clearance, including but not limited to the routinely-provided
benefits of traveling to international posts with family members,
educational allowances, and housing allowances.
Allegedly, DOS routinely fails to meet its obligations under the
Rehabilitation Act by denying equal benefits to qualified federal
employees because of the known disabilities of family members. This
lawsuit seeks an end to this systemic discrimination against people
associated with people with disabilities. The Plaintiff seeks
relief for the Class pursuant to the Rehabilitation Act, including
back pay, compensatory damages, declaratory relief, attorneys' fees
and costs, and interest.
The Department of State is an agency within the executive branch of
the United States government, tasked with promoting U.S. security,
prosperity, and democratic values throughout the world.[BN]
The Plaintiff is represented by:
Bryan J. Schwartz, Esq.
BRYAN SCHWARTZ LAW
180 Grand Avenue, Suite 1380
Oakland, CA 94612
Telephone: (510) 444-9300
Facsimile: (510) 444-9301
E-mail: bryan@bryanschwartzlaw.com
UNITED STATES: More XRP Holders Sue Over Unregistered Securities
----------------------------------------------------------------
Lele Jima, writing for The Crypto Basic, reports that more XRP
holders are joining Deaton's class action against the SEC.
The number of Ripple (XRP) holders who have joined attorney John
Deaton's class action against the Securities and Exchange
Commission (SEC) has been increasing rapidly in recent weeks.
A few weeks back, the number of XRP holders who declared they were
hurt by the SEC's charges against Ripple was around 68,000.
Interestingly, as of Aug. 8, there are now over 70,000 XRP holders
who have joined Deaton's class action against the SEC.
In a tweet shared by attorney Deaton on Aug. 8, a total of 70,100
XRP holders from all 50 states in the U.S. and 141 countries around
the world have joined his lawsuit against the commission.
"70,100 as of now. Gary Gensler & @SECEnfDirector, over 70K XRP
Holders from diverse backgrounds from all 50 states, every U.S.
territory, and 141 countries around the [world] have joined
together to fight [vs] your unlawful expansion of Howey. You will
lose the war," attorney Deaton tweeted.
Deaton Sues SEC for Harming XRP Holders
Recall that shortly after the SEC charged Ripple for conducting an
unregistered securities offering in the United States, the price of
XRP plummeted massively.
Things became worse after cryptocurrency exchanges in the United
States started delisting XRP from their trading platforms due to
fear that they may be probed by the SEC for facilitating the
trading of the crypto asset.
Following the massive decline in XRP price, attorney Deaton said he
might sue the SEC for wreaking havoc on investors.
Attorney Deaton slammed the class action against the SEC on behalf
of six movants. The move earned him and the six movants the Amici
Curiae status in the case.
Interestingly, as the Ripple vs. SEC lawsuit edges closer to expert
deposition, more XRP holders have joined the class action.
SEC Plans to Bar Deaton From the Lawsuit Fails
Meanwhile, the SEC tried to have attorney Deaton thrown out of the
lawsuit. The SEC argued that attorney Deaton publicly announced the
name of one of its experts, which attracted a series of threats and
harassment to the witness.
However, the agency did not succeed with its plans to have attorney
Deaton thrown out of the lawsuit. Judge Analisa Torres, in a recent
ruling, believes attorney Deaton will be useful in summary judgment
where he can file an application to brief concerns with SEC's
experts.
"Movants may file an application to brief their concerns regarding
the SEC's expert and other relevant and helpful matters concerning
the parties' contemplated motions for summary judgment," Judge
Torres said. [GN]
VENTURE 475 LLC: Jackson Files TCPA Suit in M.D. Pennsylvania
-------------------------------------------------------------
A class action lawsuit has been filed against Venture 475, LLC, et
al. The case is styled as Jeremy Jackson, individually and on
behalf of all others similarly situated v. Venture 475, LLC doing
business as: Synergy Finance, Synergy Financial, Quick Access
Capital, Does 1-20, Case No. 4:22-cv-01228-MWB (M.D. Pa., Aug. 8,
2022).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Venture 475, LLC doing business as Synergy Financial --
https://www.synergy-finance.com/en/ -- offers flexible, working
capital solutions to small businesses in need of financing to
sustain or grow their enterprise.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M. FRIEDMAN PC
21031 Ventura Boulevard, Suite 340
Woodland Hills, CA 91364
Phone: (323) 306-4234
Email: tfriedman@toddflaw.com
VIBRANT HEALTHCARE: Jackson Files TCPA Suit in M.D. Pennsylvania
----------------------------------------------------------------
A class action lawsuit has been filed against Vibrant Healthcare,
LLC. The case is styled as Gerard Jackson, individually and on
behalf of all others similarly situated v. Vibrant Healthcare, LLC,
Case No. 4:22-cv-01221-MWB (M.D. Pa., Aug. 5, 2022).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Vibrant Health -- https://vibranthealthcare.net/ -- is an
integrative lifestyle, wellness, and longevity clinic.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (615) 485-0018
Email: anthony@paronichlaw.com
- and -
Jeffrey M. Bower, Esq.
BOWER LAW ASSOCIATES, PLLC
403 South Allen Street, Suite 210
State College, PA 16801
Phone: (814) 234-2626
Fax: (814) 237-8700
Email: jbower@bower-law.com
WALMART INC: Baker Sues Over Mislabeled Honey Mustard Product
-------------------------------------------------------------
MISSY BAKER, individually and on behalf of all others similarly
situated, Plaintiff v. WALMART INC., Defendant, Case No.
3:22-cv-03148-SLD-KLM (C.D., Il., Aug. 7, 2022) alleges violation
of the Illinois Consumer Fraud and Deceptive Business Practices
Act.
According to the complaint the Defendant manufactures, labels,
markets, and sells mustard promoted as sweetened with honey under
the Great Value brand ("Product"). The Defendant made
representations such as "Honey Mustard," "Made With Real Honey,"
and pictures of fresh mustard seeds and a honey dipper in a pool of
honey. The representations cause consumers to expect the Product
contained honey as the exclusive, primary, or significant
sweetening ingredient, says the suit.
However, the Defendant misrepresented and omitted the attributes
and qualities of the Product, that it contained honey as the
exclusive, primary, or significant sweetening ingredient. As a
result of the false and misleading representations, the Product is
sold at a premium price, approximately no less than $1.12 for 12 OZ
(340g), excluding tax and sales, higher than similar products,
represented in a non-misleading way, and higher than it would be
sold for absent the misleading representations and omissions, the
suit alleges.
WALMART INC. operates discount stores, supercenters, and
neighborhood markets. The Company offers merchandise such as
apparel, house wares, small appliances, electronics, musical
instruments, books, home improvement, shoes, jewelry, toddler,
games, household essentials, pets, pharmaceutical products, party
supplies, and automotive tools. Walmart serves customers worldwide.
[BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
Spencer Sheehan
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
Email: spencer@spencersheehan.com
WALONG MARKETING: Faces Rodriguez Suit Over Personal Injury in N.Y.
-------------------------------------------------------------------
HECTOR RODRIGUEZ, individually and on behalf of all others
similarly situated, Plaintiff v. WALONG MARKETING INC. and FIRST
TOP FOOD INC., Defendants, Case No. 522150/2022 (N.Y. Sup. Ct.,
Kings Cty., August 2, 2022) is a class action against the
Defendants for negligence and breach of duty.
The case arises from personal injury sustained by the Plaintiff
while traversing upon the sidewalk adjacent to the premises known
as 22 Catherine Street in the County, City and State of New York as
a result of the negligence of Defendant Walong Marketing in the
delivery of food, equipment and/or supplies to Defendant First Top
Foods at the aforementioned location.
Walong Marketing Inc. is an owner and operator of an Asian food
sales and distribution business in New York.
First Top Food Inc. is an owner and operator of an Asian food
grocery market in New York. [BN]
The Plaintiff is represented by:
Ian M. Chaikin, Esq.
CHAIKIN, PLLC
445 Broadhollow Road, Suite 232
Melville, NY 11747
Telephone: (212) 977-2020
Facsimile: (212) 214-0610
WEBER INC: Robbins Geller Reminds of September 27 Deadline
----------------------------------------------------------
Robbins Geller Rudman & Dowd LLP on Aug. 7 disclosed that
purchasers or acquirers of Weber Inc. (NYSE: WEBR) Class A common
stock pursuant and/or traceable to the registration statement and
prospectus (collectively, "Registration Statement") issued in
connection with Weber's August 4, 2021 initial public offering (
"IPO") have until September 27, 2022 to seek appointment as lead
plaintiff in the Weber class action lawsuit. Captioned Michalski v.
Weber Inc., No. 22-cv-03966 (N.D. Ill.), the Weber class action
lawsuit charges Weber, certain of its top executives and directors,
and the IPO's underwriters with violations of the Securities Act of
1933.
If you suffered substantial losses and wish to serve as lead
plaintiff, please provide your information here:
https://www.rgrdlaw.com/cases-weber-inc-class-action-lawsuit-webr.html
You can also contact attorney J.C. Sanchez of Robbins Geller by
calling 800/449-4900 or via e-mail at jsanchez@rgrdlaw.com.
CASE ALLEGATIONS: Weber is an outdoor cooking company that sells
grills, smokers, grilling accessories, and solid fuel products
across the world. In the IPO, Weber sold approximately 17.8 million
shares of Class A common stock at a price of $14.00 per share.
Weber received proceeds of approximately $237.5 million from the
IPO, net of underwriting discounts and commissions.
The Weber class action lawsuit alleges that the IPO's Registration
Statement was materially false and misleading and omitted to state
that: (i) Weber was reasonably likely to implement price increases;
(ii) as a result, consumer demand for Weber's products was
reasonably likely to decrease; (iii) due to the resulting inventory
buildup, Weber was reasonably likely to run promotions to "enhance
retail sell through"; (iv) the foregoing would adversely impact
Weber's financial results; and (v) thus, defendants' positive
statements about Weber's business, operations, and prospects were
materially misleading and/or lacked a reasonable basis.
On July 25, 2022, Weber announced its preliminary third quarter
2022 financial results, including net sales between $525 million
and $530 million. Weber expected to report a net loss, noting that
"[p]rofitability was negatively impacted by" several factors,
including "promotional activity to enhance retail sell through."
Additionally, Weber announced that Chris Scherzinger "is departing"
from his roles as Chief Executive Officer and director of Weber. On
this news, Weber's stock price fell by approximately 16%.
By the commencement of the Weber class action lawsuit, Weber stock
was trading as low as $6.25 per share, a nearly 55% decline from
the $14 per share IPO price.
THE LEAD PLAINTIFF PROCESS: The Private Securities Litigation
Reform Act of 1995 permits any purchaser or acquirer of Weber Class
A common stock pursuant and/or traceable to the Registration
Statement issued in connection with the IPO to seek appointment as
lead plaintiff in the Weber class action lawsuit. A lead plaintiff
is generally the movant with the greatest financial interest in the
relief sought by the putative class who is also typical and
adequate of the putative class. A lead plaintiff acts on behalf of
all other class members in directing the Weber class action
lawsuit. The lead plaintiff can select a law firm of its choice to
litigate the Weber class action lawsuit. An investor's ability to
share in any potential future recovery of the Weber class action
lawsuit is not dependent upon serving as lead plaintiff.
ABOUT ROBBINS GELLER RUDMAN & DOWD LLP: Robbins Geller is one of
the world's leading complex class action firms representing
plaintiffs in securities fraud, antitrust, breach of fiduciary
duty, consumer fraud, and privacy cases. The Firm is ranked #1 on
the 2021 ISS Securities Class Action Services Top 50 Report for
recovering nearly $2 billion for investors last year alone - more
than triple the amount recovered by any other plaintiffs' firm.
With 200 lawyers in 9 offices, Robbins Geller is one of the largest
plaintiffs' firms in the world, and the Firm's attorneys have
obtained many of the largest securities, antitrust, consumer, and
privacy class action recoveries in history, including the largest
securities class action recovery ever - $7.2 billion - in In re
Enron Corp. Sec. Litig. Please visit the following page for more
information:
https://www.rgrdlaw.com/services-litigation-securities-fraud.html
Attorney advertising.
Past results do not guarantee future outcomes.
Services may be performed by attorneys in any of our offices.
Contact:
Robbins Geller Rudman & Dowd LLP
655 W. Broadway, Suite 1900, San Diego, CA 92101
J.C. Sanchez, 800-449-4900
jsanchez@rgrdlaw.com [GN]
WOOLRICH INC: Velazquez Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Woolrich, Inc. The
case is styled as Bryan Velazquez, on behalf of himself and all
others similarly situated v. Woolrich, Inc., Case No. 1:22-cv-06730
(S.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Woolrich, Inc. -- https://www.woolrich.com/us/en/ -- is an American
outdoor clothing company based in Pennsylvania since 1830.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
YAS PARTNERS: Zurek Sues Over Unpaid Wages for Delivery Drivers
---------------------------------------------------------------
GERRY ZUREK, on behalf of himself and all others similarly
situated, Plaintiff v. YAS PARTNERS EV, INC.; YAS PARTNERS
EVANSTON, INC.; YAS PARTNERS MANAGEMENT, LLC; YAS PARTNERS MP LLC;
YAS PARTNERS NI, INC.; YAS PARTNERS PAL LLC; YAS PARTNERS SCH LLC;
YAS PARTNERS STW LLC; YAS PARTNERS SW INC.; YAS PARTNERS YV, INC.;
YAS PARTNERS 2 INC.; YAS PARTNERS 3, INC.; ANAND SHANMUGAM;
THIRUMALAI SATISH; KAVITHA SATISH; DOE CORPORATIONS 1-10; JOHN DOE
1-10, Defendants, Case No. 1:22-cv-04004 (N.D. Ill., August 2,
2022) is a class action against the Defendants for failure to pay
minimum wages and failure to reimburse business expenses in
violation of the Federal Fair Labor Standards Act, the Illinois
Minimum Wage Law, and the Illinois Wage Payment and Collection
Act.
The Plaintiff worked as a delivery driver at the Defendants' Papa
John's store in Nile, Illinois from approximately June 2020 to June
2021.
Yas Partners EV, Inc. is an operator of Papa John's stores in
Illinois.
Yas Partners Evanston, Inc. is an operator of Papa John's stores in
Illinois.
Yas Partners Management, LLC is an operator of Papa John's stores
in Illinois.
Yas Partners MP LLC is an operator of Papa John's stores in
Illinois.
Yas Partners NI, Inc. is an operator of Papa John's stores in
Illinois.
Yas Partners PAL LLC is an operator of Papa John's stores in
Illinois.
Yas Partners SCH LLC is an operator of Papa John's stores in
Illinois.
Yas Partners STW LLC is an operator of Papa John's stores in
Illinois.
Yas Partners SW Inc. is an operator of Papa John's stores in
Illinois.
Yas Partners YV, Inc. is an operator of Papa John's stores in
Illinois.
Yas Partners 2 Inc. is an operator of Papa John's stores in
Illinois.
Yas Partners 3, Inc. is an operator of Papa John's stores in
Illinois. [BN]
The Plaintiff is represented by:
Aaron B. Maduff, Esq.
MADUFF & MADUFF, LLC
E-mail: abmaduff@madufflaw.com
- and –
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
Emily A. Hubbard, Esq.
BILLER & KIMBLE, LLC
8044 Montgomery Rd., Ste. 515
Cincinnati, OH 45209
Telephone: (513) 715-8711
Facsimile: (614) 340-4620
E-mail: abiller@billerkimble.com
akimble@billerkimble.com
ehubbard@billerkimble.com
YES NAKED: Fails to Pay Proper Wages, Alvarado Suit Alleges
-----------------------------------------------------------
APOLONIO ALVARADO; EDWIN ZAMBRANO; and JESUS RAMIREZ, individually
and on behalf of all others similarly situated, Plaintiffs v. YES
NAKED TACO PROM, LLC, d/b/a Naked Taco; YES HOSPITALITY, LLC; YES
DREAM, LLC; RALPH PAGANO; and JAY N. SHIRODKAR, Defendants, Case
No. 0:22-cv-61463-XXXX (S.D. Fla., Aug. 5, 2022) seeks to recover
from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
The Plaintiffs were employed by the Defendants as staff.
YES HOSPITALITY, LLC operates a chain of restaurants known as Naked
Taco. [BN]
The Plaintiff is represented by:
Brody M. Shulman, Esq.
J. Freddy Perera, Esq.
PERERA ALEMAN
2030 S. Douglas Road, Suite 203
Coral Gables, FL 33134
Telephone: (786) 485-5232
Email: freddy@pba-law.com
brody@pba-law.com
ZIBA MODE INC: Hanyzkiewicz Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Ziba Mode, Inc. The
case is styled as Marta Hanyzkiewicz, on behalf of herself and all
others similarly situated v. Ziba Mode, Inc. d/b/a Salon Ziba, Case
No. 1:22-cv-04667 (E.D.N.Y., Aug. 8, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Ziba Mode, Inc. doing business as Salon Ziba --
https://salonziba.com/ -- is a hair salon in New York City.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2022. All rights reserved. ISSN 1525-2272.
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