/raid1/www/Hosts/bankrupt/CAR

/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. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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