/raid1/www/Hosts/bankrupt/CAR_Public/230712.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, July 12, 2023, Vol. 25, No. 139
Headlines
3M COMPANY: AFFF Products "Defective," Hanley Suit Alleges
3M COMPANY: AFFF Products Can Cause Cancer, Towers Suit Claims
3M COMPANY: Aguirre Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Bender Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Byrne Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Campbell Sues Over Side Effects of Using AFFF Products
3M COMPANY: Childers Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Cordy Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Exposed AFFF Products' Users to PFAS, Laroche Alleges
3M COMPANY: Exposed Military Members to PFAS, Novotny Suit Says
3M COMPANY: Faces Gardner Suit Over AFFF Products' Harmful Effects
3M COMPANY: Fieldings Sues Over Toxic Effects of AFFF Products
3M COMPANY: Lavers Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Leonard Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Lindsay Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Linn Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Lomsdale Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Massey Suit Alleges PFAS Exposure From AFFF Products
3M COMPANY: Miller Sues Over Injury Sustained From AFFF Products
3M COMPANY: Motley Sues Over AFFF Products' Risk to Human Health
3M COMPANY: Perez Suit Claims PFAS Exposure From AFFF Products
3M COMPANY: Ray Sues Over Side Effects of Using AFFF Products
3M COMPANY: Sowatskey Sues Over Injury Sustained From AFFF Products
3M COMPANY: Taylor Sues Over Civilian Firefighters' PFAS Exposure
3M COMPANY: Volk Suit Alleges Complications From AFFF Products
ABBOTT LABORATORIES: Faces New Investor Suit Over Similac Recall
AMBASSADOR PERSONNEL: Terrell Sues Over Unlawful Employment Practic
AMERICAN AIRLINES: Hit With Proposed Wage and Hour Class Action
AMERICAN NATIONAL: Settles Life Insurance Fee Class Suit for $5MM
AMPHENOL CORP: Bookhout Sues Over Labor Law Violations
APPLE INC: Judges Deny Bid to Dismiss Class-Action Lawsuit
ARIZONA BEVERAGES: Dorsey Sues Over Misleading Product Labels
AVANADE INC: Laird Files Suit in Cal. Super. Ct.
BALTIMORE GAS: Residents Await Court Date in Suit Over Shutoffs
BAUER'S INTELLIGENT: Turner Files Suit in Cal. Super. Ct.
BLUE SEVEN: Wahab Files ADA Suit in S.D. New York
BOPPY COMPANY: Faces Hudson Suit Over Unsafe Newborn Loungers
BOSTON PIE: Kingham Sues Over Drivers' Unreimbursed Expenses
BRAVO TREE SERVICE: Hernandez Files Suit in Cal. Super. Ct.
BRIDGE HOUSING: Juarez Files Suit in Cal. Super. Ct.
BUTTERMILK BASIN: Cromitie Files ADA Suit in S.D. New York
CALIFORNIA: Prison Guard Class Action Against CDCR Pending
CARVANA CO: Portnoy Law Firm Files Securities Class Action
CASTLE TIRE DISPOSAL: Holmberg Files Suit in Cal. Super. Ct.
CELTIC CROFT: Castro Files ADA Suit in S.D. New York
CHURCH MUTUAL: More Time to File Class Cert Reply Sought
COGNIZANT TECHNOLOGY: Judge Declares Mistrial in Race Bias Suit
COMMERCIAL INSURANCE.NET: Crawford Sues Over Unpaid Overtime
COMMONWEALTH HEALTH: Faces Class Action Over Data Breach
CONFORMIS INC: M&A Investigates Possible Securities Violations
CONTRACT LAND: Minogue Sues Over Unpaid Overtime Wages
COPPOLA BEAUTY: Senior Files ADA Suit in S.D. New York
DARLING INGREDIENTS: Parties Must Submit Revised Scheduling Order
DRIPS HOLDINGS: Mantha Suit Transferred to N.D. Ohio
DZS INC: Faces Class Action Over False, Misleading Statements
EMBARK TECHNOLOGY: Misleads Stockholders to OK Merger, Hanshew Says
ENETI INC: Monteverde Investigates Proposed Cadeler Merger
ENZO BIOCHEM: Fails to Protect Patients' Info, Kupinska Says
FANNIE MAY CONFECTIONS: Wahab Files ADA Suit in S.D. New York
FAST BUSINESS FINANCIAL: Starling Files TCPA Suit in N.D. Texas
FLAT RATE: Atkinson Sues Over Unlawful Recording of Communications
FM 49 CW: Fails to Pay Overtime Premiums, Cortez Suit Says
FORD MOTOR: Coolidge Sues Over Defective Rear Subframe Assembly
FREEBIRD: Muto Files Suit in C.D. California
G&A OUTSOURCING: Filing for Class Cert Bid Extended to June 3, 2024
GENERAL MILLS: Averts Class Action Over Sharing of Video Info
GENUINE PARTS: Dickerson Sues Over Failure to Pay Weekly
GIANT BICYCLE: Delacruz Files ADA Suit in S.D. New York
GOBBLE INC: Hedges Files Suit in Cal. Super. Ct.
GOHEALTH LLC: Arcuri Sues Over Unlawful Prerecorded Messages
GROOVE LIFE: Senior Files ADA Suit in S.D. New York
HARVARD PILGRIM: Dennis Sues Over Alleged Data Breach
HARVARD UNIVERSITY: 300-Plus Families Join Cadavers Class Suit
HARVARD UNIVERSITY: Faces 2nd Suit Over Mistreatment of Cadavers
HAWBAKER INC: Seeks Reconsideration of June 6, 2023 Order
HENRY SCHEIN: Wagner Suit Removed to W.D. Washington
HEXCLAD COOKWARE: Didwania et al. Sue Over Deceptive Marketing
HOWARD UNIVERSITY: Filing for Class Cert. Bid Due Jan. 26, 2024
IMAGINATION ENTERPRISES: Senior Files ADA Suit in S.D. New York
INTERCONTINENTAL CAPITAL: Faces Lopez Suit Over Unpaid Wages
JAX OUTDOOR GEAR: Castro Files ADA Suit in S.D. New York
KALEYRA INC: M&A Investigates Possible Securities Violations
KELLY SERVICES: Fischer Suit Removed to S.D. California
KELLY SERVICES: Munoz Suit Removed to E.D. California
KELLY SERVICES: Rum Suit Removed to C.D. California
KMDG LLC: Fails to Pay Overtime Premiums, Diaz Suit Claims
MANAGED CARE: Collins Files Suit in S.D. Florida
MASSACHUSETTS: Bid to Certify Class Withdrawn w/o Prejudice
MDL 2262: Discovery in Cicchini v. JPMorgan BoA Due April 4, 2024
MDL 2262: Discovery in Federal Deposit v. BoA Due April 4, 2024
MDL 2262: Discovery in Lieberman v. Credit Suisse Due April 4, 2024
MDL 2262: Discovery in National Asbestos v. BoA Due April 4, 2024
MDL 2262: Fact Discovery in Bay Area v. BoA Due April 4, 2024
MDL 2262: Fact Discovery in Payne v. BoA Due April 4, 2024
MDL 2816: Yerkey Suit Transferred to M.D. Pa.
MDL 2873: Panel Denies Transfer of Aqua North Suit to D.S.C.
MDL 2873: Three Suits Transferred to D.S.C.
MDL 2915: Transfer of Aguirre Suit to Data Breach Litigation Denied
MEDIBANK PRIVATE: Told to Set Aside $167-Mil. After Data Breach
MERCY HEALTH: Faces Class Action Over Data Breach
MURAD LLC: Filing for Class Cert. Bids Due March 15, 2024
NATIONSBENEFITS HOLDINGS: Faces Class Suit Over Data Breach
NEW PORTALES: Faces Ramirez Wage-and-Hour Suit in E.D.N.Y.
NEW YORK, NY: Fails to Pay Proper Overtime Wages, Benjamin Says
NEXTFOODS INC: August 4 Deadline to File Class Cert Bid Sought
NHS MANAGEMENT: Averts Class Action Over 2021 Data Breach
NORTHWEST MOTORSPORT: Court Junks Villafan's Claims w/ Prejudice
NUTRITION CORP: Bilbao Sues Over Unsolicited Text Messages
OCEAN SKY LLC: Fails to Pay Proper Wages, Escalona Suit Claims
OPENAI INC: Faces Class Suit Over Copyrights, Privacy Violations
ORDERMARK INC: Faces Suit Over May Layoffs Without 60-Day Notice
PARAMOUNT GLOBAL: Weil Moves VPPA Suit to Individual Arbitration
PATRIOT ENERGY: Boucaud Sues Over Unlawful Labor Practices
PENTAGON FEDERAL: Wiretaps Web Users' Communications, Miller Says
PFIZER INC: End-Payor Plaintiffs Seek to Certify Two Classes
PHILADELPHIA INQUIRER: All Fact Discovery in Braun Suit Due Oct. 27
PHILLIPS 66: Class Settlement in Dinsmore Suit Gets Initial Nod
PHILLP PHIEFFERM: Court Directs Filing of Discovery Plan in McCune
POLARIS INDUSTRIES: Filing for Class Cert Bid Due March 1, 2024
PORSCHE CARS: Settles Class Action Over Defective PCM System
PREGIS LLC: Bazinett Suit Transferred to N.D. New York
PREMERA BLUE CROSS: A.B. Sues Over Discriminatory Administration
PROTECTIVE LIFE: Allen Suit Seeks to Certify Class & Subclass
PURE PRESCRIPTIONS: Kunkle Files ADA Suit in S.D. New York
QUICK BOX: Court Junks Tan Bid to Seal Documents
QUICK BOX: Has Until July 5 to File Class Cert Response in Tan
RDO EQUIPMENT CO: Munoz-Munoz Suit Removed to E.D. Missouri
RESTIGOUCHE HOSPITAL: $17M Settlement Reached in Breach Suit
RUG ARTISAN CORP: Vachnine Files ADA Suit in S.D. New York
SADDLE ROCK, NY: Jacobi Sues Over Enforcement Ticketing Program
SAMPSON BLADEN: Faces Gbete Suit Over Labor Law Violations
SAN DIEGO COUNTY, CA: Provisional Class Certification Sought
SAN DIEGO COUNTY, CA: Sheriff's Department Settles COVID Class Suit
SELECTQUOTE INC: Human Suit Removed to E.D. Missouri
ST. JOSEPH COUNTY, IN: Suit Aims to Avert Portage Manor Closure
STA MANAGEMENT: Fails to Pay Proper Wages, Barker et al. Allege
TELEFLEX INC: Annual Meeting Actions "Invalid," Ayers Suit Claims
TELEPERFORMANCE SE: Misled Investors Over Working Conditions
TERRY KOKOLIS: Court Tosses Turner's Bid to Certify Class Action
TOP FLITE: Agrees to $275,000 Class Action Settlement in CIPA Suit
TRESTLES LLC: Bowens Files Suit in Cal. Super. Ct.
TW SERVICES INC: Schuck Files Suit in Cal. Super. Ct.
UNION SECURITY: Must File Briefing by Sept. 28
UNIVERSITY OF IOWA: Former Workers Set to Get Settlement Payouts
US EXPRESS CARRIERS: Ballinger Suit Removed to C.D. California
USAA CASUALTY: Settles Suit Over Underpaid Taxes in Auto Claims
V & P ALTITUDE: Alperovich Sues Over Unpaid Minimum, Overtime Wages
VJ & H LTD: Faces Li Suit Over Nail Salon Workers' Unpaid Wages
WALT DISNEY: Faces $150M+ Suit Over Female Workers' Discrimination
WESTERN ASSET: Monteverde Investigates Proposed Terra Merger
WESTERN CONFERENCE: Paieri Files Class Suit Under ERISA
WEXFORD HEALTH: Filing for Class Cert. Bid Due July 14
XPONENTIAL FITNESS: Rosen Law Probes for Securities Claims
[*] Canadian Car Makers Agree to Settle Price Fixing Suits for $78M
*********
3M COMPANY: AFFF Products "Defective," Hanley Suit Alleges
----------------------------------------------------------
NARISSA HANLEY, 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 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. 2:23-cv-03034-RMG (D.S.C., June 26, 2023) 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.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and military members, including the Plaintiff, who they
knew would foreseeably come into contact with their AFFF products.
The Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit alleges.
As a result of exposure to the Defendants' AFFF products, the
Plaintiff was diagnosed with hypothyroidism.
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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: AFFF Products Can Cause Cancer, Towers Suit Claims
--------------------------------------------------------------
KENDALL TARNALL TOWERS, 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 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. 2:23-cv-03006-RMG (D.S.C., June 23, 2023) 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.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and military members, including the Plaintiff, who they
knew would foreseeably come into contact with their AFFF products.
The Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, says the suit.
As a result of exposure to the Defendants' AFFF products, the
Plaintiff was diagnosed with kidney cancer.
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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Aguirre Sues Over Exposure to Toxic Film-Forming Foams
------------------------------------------------------------------
Alfredo Aguirre, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC 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 PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-03090-RMG (D.S.C., June 28, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with kidney cancer
as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Bender Sues Over Exposure to Toxic Film-Forming Foams
-----------------------------------------------------------------
Theresa Bender, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC 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 PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-03066-RMG (D.S.C., June 28, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with Graves
disease, Hashimotos disease, papillary thyroid cancer as a result
of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Byrne Sues Over Exposure to Toxic Film-Forming Foams
----------------------------------------------------------------
Christopher Byrne, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC 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 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.), Case No. 2:23-cv-03053-RMG (D.S.C., June 27,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
liver cancer as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[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
Phone: 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
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Campbell Sues Over Side Effects of Using AFFF Products
------------------------------------------------------------------
LARRY CAMPBELL, 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 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. 2:23-cv-02992-RMG (D.S.C., June 23, 2023) 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.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and military members, including the Plaintiff, who they
knew would foreseeably come into contact with their AFFF products.
The Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit contends.
As a result of exposure to the Defendants' AFFF products, the
Plaintiff was diagnosed with prostate cancer.
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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Childers Sues Over Exposure to Toxic Aqueous Foams
--------------------------------------------------------------
Daniel C. Childers, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC 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 PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-03072-RMG (D.S.C., June 28,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with hypothyroid as
a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Cordy Sues Over Exposure to Toxic Chemicals & Foams
---------------------------------------------------------------
Eric Charles Cordy, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC 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 PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-03091-RMG (D.S.C., June 28,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with thyroid cancer
as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Exposed AFFF Products' Users to PFAS, Laroche Alleges
-----------------------------------------------------------------
TAMMY LAROCHE, 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 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. 2:23-cv-02985-RMG (D.S.C., June 23, 2023) 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 military
members, 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 hypothyroidism and thyroid 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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Exposed Military Members to PFAS, Novotny Suit Says
---------------------------------------------------------------
MICHAEL NOVOTNY, 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 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. 2:23-cv-03001-RMG (D.S.C., June 23, 2023) 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.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and military members, including the Plaintiff, who they
knew would foreseeably come into contact with their AFFF products.
The Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, says the suit.
As a result of exposure to the Defendants' AFFF products, the
Plaintiff was diagnosed with thyroid cancer.
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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Faces Gardner Suit Over AFFF Products' Harmful Effects
------------------------------------------------------------------
WILLIAM GARDNER, 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 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. 2:23-cv-02994-RMG (D.S.C., June 23, 2023) 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 military
members, 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 liver and kidney 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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Fieldings Sues Over Toxic Effects of AFFF Products
--------------------------------------------------------------
CRAIG R. FIELDINGS, 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 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. 2:23-cv-03033-RMG (D.S.C., June 26, 2023) 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 military
members, 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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Lavers Sues Over Exposure to Toxic Chemicals & Foams
----------------------------------------------------------------
Ryan Lavers, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC 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 PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-02738-RMG (D.S.C., June 15, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was atypia, and
thyroidectomie as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Leonard Sues Over Exposure to Toxic Chemicals & Foams
-----------------------------------------------------------------
Douglas Leonard, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC 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 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.), Case No.
2:23-cv-02285-RMG (D.S.C., May 26, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
lymphoma cancer as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[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
Phone: 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
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Lindsay Sues Over Exposure to Toxic Film-Forming Foams
------------------------------------------------------------------
Charles Lindsay, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC 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 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.), Case No.
2:23-cv-02283-RMG (D.S.C., May 26, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
colon cancer as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[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
Phone: 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
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Linn Sues Over Exposure to Toxic Chemicals & Foams
--------------------------------------------------------------
Vicki Linn, as Surviving daughter of Gerald Gene Zachary, Sr.,
deceased, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC 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 PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-02688-RMG (D.S.C., June 15, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff Vicki Linn is the surviving daughter of Gerald Gene
Zachary, Sr., who regularly used, and was thereby directly exposed
to, AFFF in training and to extinguish fires during his working
career as a military and/or civilian and was hyperthyroidism, and
hypothyroidism as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Lomsdale Sues Over Exposure to Toxic Chemicals & Foams
------------------------------------------------------------------
Richard D. Lomsdale, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC 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 PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-02739-RMG (D.S.C., June 15,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was hyperthyroidism,
and hypothyroidism as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Massey Suit Alleges PFAS Exposure From AFFF Products
----------------------------------------------------------------
KATHERINE MASSEY, 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 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. 2:23-cv-02996-RMG (D.S.C., June 23, 2023) 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.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and military members, including the Plaintiff, who they
knew would foreseeably come into contact with their AFFF products.
The Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit alleges.
As a result of exposure to the Defendants' AFFF products, the
Plaintiff was diagnosed with hypothyroidism.
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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Miller Sues Over Injury Sustained From AFFF Products
----------------------------------------------------------------
MELISSA MAE MILLER, as Personal
Representative/Administrator/Executor of the Estate of ADAM JASON
MILLER, 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; FIRE-DEX,
LLC; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS
USA, INC.; KIDDE PLC; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY
LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES,
INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI
PERFORMANCE PRODUCTS, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
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.); W.L. GORE & ASSOCIATES INC., Defendants, Case
No. 2:23-cv-03028-RMG (D.S.C., June 28, 2023) 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 wrongful death.
The case arises from personal injury and death of Adam Jason
Miller, 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 leukemia. 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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire-Dex, LLC is a manufacturer of fire protective equipment based
in Medina, Ohio.
Globe Manufacturing Company LLC is a protective clothing supplier
headquartered in New Hampshire.
Honeywell Safety Products USA, Inc. is a protective clothing
supplier headquartered in North Carolina.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Lion Group, Inc. is a protective clothing supplier headquartered in
Ohio.
Mallory Safety and Supply LLC is a provider of safety solutions
headquartered in California
Mine Safety Appliances Co. LLC is an American manufacturer and
supplier of safety equipment based in Cranberry Township,
Pennsylvania.
Municipal Emergency Services, Inc. is a fire department equipment
supplier in Vancouver, Washington.
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.
PBI Performance Products, Inc. is manufacturer of firefighting
protective equipment based in North Carolina.
Southern Mills, Inc. is manufacturer of protective clothing fabric
based in Georgia.
Stedfast USA, Inc. is a manufacturer of textiles based in
Tennessee.
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.
W.L. Gore & Associates Inc. is an American multinational
manufacturing company, headquartered by Newark, Delaware. [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: Motley Sues Over AFFF Products' Risk to Human Health
----------------------------------------------------------------
QUINLAN H. MOTLEY, 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 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. 2:23-cv-02998-RMG (D.S.C., June 23, 2023) 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 military
members, 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 hypothyroidism, the suit asserts.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Perez Suit Claims PFAS Exposure From AFFF Products
--------------------------------------------------------------
HOLVIN MANUEL PEREZ, 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 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. 2:23-cv-03036-RMG (D.S.C., June 26, 2023) 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 firefighter
trainees, 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 hypothyroidism, 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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Ray Sues Over Side Effects of Using AFFF Products
-------------------------------------------------------------
CHRISTOPHER R. RAY, 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 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. 2:23-cv-03032-RMG (D.S.C., June 26, 2023) 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.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and military members, including the Plaintiff, who they
knew would foreseeably come into contact with their AFFF products.
The Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit alleges.
As a result of exposure to the Defendants' AFFF products, the
Plaintiff was diagnosed with Graves disease, 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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Sowatskey Sues Over Injury Sustained From AFFF Products
-------------------------------------------------------------------
MICHAEL SOWATSKEY, 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 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. 2:23-cv-03005-RMG (D.S.C., June 23, 2023) 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 military
members, 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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Taylor Sues Over Civilian Firefighters' PFAS Exposure
-----------------------------------------------------------------
NANCY TAYLOR and ROBERT TAYLOR, by the Proposed Administrator and
Next-of-Kin, Nancy Taylor, 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 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. 2:23-cv-03002-RMG (D.S.C., June 23, 2023) 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 Robert Taylor,
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, 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 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: Volk Suit Alleges Complications From AFFF Products
--------------------------------------------------------------
VINCE J. VOLK, 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 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. 2:23-cv-03007-RMG (D.S.C., June 23, 2023) 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 firefighter
trainees, 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 bladder 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 its principal place of business at 1007
Market Street, Wilmington, Delaware.
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:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
ABBOTT LABORATORIES: Faces New Investor Suit Over Similac Recall
----------------------------------------------------------------
aboutlawsuits.com reports that Abbott Laboratories and its chief
officers face two new investor class action lawsuits over a Similac
recall last year, accusing them of damaging the company's interests
and value to investors, by failing to make sure infant formula
products distributed to families nationwide were safe.
The lawsuits stem from widespread contamination of Similac,
Alimentum and EleCare formula, which sickened hundreds of babies
nationwide, resulted in a massive recall and a temporary shutdown
of Abbott's Sturgis, Michigan manufacturing facility. The investors
indicate that the company's actions have caused billions of dollars
in damage to Abbott's value since 2019, due to the "illegal, unsafe
and unethical production and sale of Infant formula products" in
the U.S.
One complaint (PDF) was filed by the International Brotherhood of
Teamsters Local No. 720 Pension Fund and the Southeastern
Pennsylvania Transportation Authority. The other complaint (PDF)
was filed by the Comptroller of New York State as the trustee and
administrative head of the state and local retirement system. Both
lawsuits were filed on June 27 in the U.S. District Court for the
Northern District of Illinois.
Similac Recall Over Cronobacter and Salmonella Contamination
Abbott Laboratories recalled Similac, Alimentum and Elecare formula
products in February 2022, after it was confirmed that powdered
formula manufactured at a Michigan facility was contaminated with
Salmonella Newport and Cronobacter sakazakii bacteria.
At least two infant deaths and hundreds of illnesses have been
reported by parents who fed the recalled formula to their children,
and subsequent investigations have revealed Abbott ignored industry
safety standards and best practices at its facility for years,
endangering children for the sake of profits.
Shortly after the Similac recall, lawsuits were filed by families
of babies who experienced problems. However, a number of Similac
recall class action lawsuits were also filed, seeking economic
damages for all consumers who purchased the contaminated formula,
even if no injuries resulted from the contamination.
Given common questions of fact and law raised in the complaints,
the U.S. Judicial Panel on Multidistrict Litigation (JPML) has
established centralized pretrial proceedings for all lawsuits over
the Similac recall brought throughout the federal court system,
consolidating the cases as part of an MDL before U.S. District
Judge Matthew F. Kennelly in the Northern District of Illinois.
The investor lawsuits accuse Abbott of ignoring safety problems at
the facilities for years, some details of which were uncovered by
FDA inspections months before the recall was announced. According
to allegations in the complaints, Abbott's leading officers and
board members ignored these problems, putting short-term profits
above both the safety of its vulnerable consumers and above the
company's long-term health and reputation, thus negatively
impacting the company's value and the value of investments in the
company.
The investors say that, in addition to unsafe practices at the
Sturgis facility, Abbott used aggressive and amoral marketing
tactics to convince new mothers to use its products. Through these
tactics, investors claim Abbott deceived mothers into thinking its
infant formula products are safer than they actually are,
particularly its cow's milk-based products, which have been linked
to an increased risk of necrotizing enterocolitis (NEC) in preterm
infants.
"Notably, the Board and the Company's management have authorized
Abbott to pursue these marketing tactics for decades, and
therefore, they are now ingrained as part of the Company's
culture," the lawsuits state. "As such, those tactics, which are
unethical and violate the Company's corporate governance policies,
while also potentially constitute illegal anti-competitive actions,
continue unabated at Abbott while the Individual Defendants served
as Abbott's directors and officers."
The lawsuits accuse Abbott and its officers of breaches of
fiduciary duty, and also accuses some of the officers of insider
trading, resulting in billions of dollars in losses to the
company's value and, thus, their investments.
Other Similac Recall Class Action Lawsuits Dismissed
The new complaints come about a month after Judge Kennelly granted
a motion to dismiss some Similac recall class action lawsuits filed
by purchasers of the recalled infant formula products. However,
those claims were from buyers who sought economic damages and
refunds for purchasing infant formula which may have had no
inherent value and potentially endangered their children's lives.
Abbott's motion to dismiss argued that plaintiffs failed to
adequately prove standing, meaning they suffered direct injury, and
could not plausibly argue that the products were defective.
Judge Kennelly's May 22 order dismissed 10 Similac class action
lawsuits.
July 2023 Similac Recall Lawsuit Update
As part of the coordinated management for the remaining Similac
injury lawsuits, it is expected that Judge Kennelly will establish
a bellwether trial program, where small groups of representative
claims are prepared for early trial dates.
While the outcome of these bellwether trials will not be binding on
other cases, they will be used to help gauge how juries are likely
to respond to evidence and testimony which could be repeated in
hundreds of separate trials, and may help form the basis of a
Similac recall settlement agreement.
A similar process has been established in a separate federal MDL
established for all Similac lawsuits over NEC diagnosed among
premature infants fed the cow's milk-based infant formula.[GN]
AMBASSADOR PERSONNEL: Terrell Sues Over Unlawful Employment Practic
-------------------------------------------------------------------
Pamela Terrell, on behalf of herself and all others similarly
situated v. AMBASSADOR PERSONNEL, INC., NASHVILLE WIRE PRODUCTS
MANUFACTURING COMPANY, LLC, and MID-SOUTH WIRE COMPANY, LLC, Case
No. 3:23-cv-00653 (M.D. Tenn., June 27, 2023), is brought for
equitable relief and damages for unlawful employment practices on
the basis of sex in violation of Title VII of the Civil Rights Act
of 1964 ("Title VII"), and the Tennessee Human Rights Act
("THRA").
The Defendants unlawfully, intentionally, and discriminatorily
refused to hire Plaintiff Pamela Terrell and other female job
applicants based on their sex and sex stereotyping of women as
being unable to perform physically demanding work.
The Plaintiff's claims are based on direct evidence of intentional
sex discrimination and sex stereotyping. The Defendants Nashville
Wire Products Manufacturing, LLC and Mid-South Wire Company, LLC
explicitly stated, "I am not usually successful with ladies in this
position," and, "I don't want to get someone hurt and I am afraid
that's what is going to happen." Defendant Ambassador Personnel,
Inc. promoted and continued this intentional discrimination,
stating, "We aren't sending any female candidates that aren't what
the client needs," and calling its intentional discrimination a
"mitigated risk" justified by its own bottom line.
The Defendants have violated the principles of equality,
opportunity, and free choice at the heart of Title VII by engaging
in an intentional and systematic practice of discriminating against
women. This action seeks to redress these wrongs on behalf of the
Plaintiff and other similarly situated women, says the complaint.
The Plaintiff is a resident of Tennessee who resides in Davidson
County.
Ambassador Personnel, Inc. is a Georgia for-profit corporation with
its principal place of business located in Thomasville,
Georgia.[BN]
The Plaintiff is represented by:
Caraline E. Rickard, Esq.
Curt M. Masker, Esq.
RICKARD MASKER, PLC
810 Dominican Drive, Suite 314
Nashville, TN 37228
Phone: (615) 200-8289
Facsimile: (615) 821-0632
Email: caraline@maskerfirm.com
curt@maskerfirm.com
AMERICAN AIRLINES: Hit With Proposed Wage and Hour Class Action
---------------------------------------------------------------
Peter Hayes at news.bloomberglaw.com reports that American Airlines
Inc. is facing a proposed wage and hour class action by flight
attendants based in New York.
Lead plaintiff Brandon Himes alleges the airline failed to pay his
wages within seven days of the end of each workweek, as required by
New York Labor Law for manual workers, according to the complaint
in the US District Court for the Eastern District if New York. [GN]
AMERICAN NATIONAL: Settles Life Insurance Fee Class Suit for $5MM
-----------------------------------------------------------------
Alexa Scherzinger, writing for Law360, reports that the
representative of a proposed class action against American National
Insurance Co. reached a $5 million preliminary settlement agreement
with the insurer, and thus asked a California federal judge to
approve the deal so that more than 3,000 policyholders could begin
receiving payouts for incorrectly adjusted mortality risk charges.
[GN]
AMPHENOL CORP: Bookhout Sues Over Labor Law Violations
------------------------------------------------------
KIM BOOKHOUT, individually and on behalf of all other persons
similarly situated, Plaintiff v. AMPHENOL CORPORATION d/b/a
AMPHENOL AEROSPACE, and any related entities, Defendant, Case No.
3:23-cv-00777-TJM-ML (N.D.N.Y., June 27, 2023) arises out of the
Defendant's violations of the Fair Labor Standards Act and New York
Labor Law, and the New York Codes, Rules and Regulations seeking to
recover unpaid straight time wage and overtime wages for Plaintiff
and all similarly situated who are presently or were formerly
employed by Defendant.
Plaintiff Kim Bookhout was employed by Defendant as an electronics
technician at its manufacturing facility located at 40-60 Delaware
Avenue, Sidney, NY in Delaware County. Beginning in June 2017 and
continuing through the present, Defendant has engaged in a policy
and practice of depriving its employees of straight time wage and
overtime wages for work they performed as mandated by federal and
state laws. Allegedly, the Defendant rounded down Plaintiff's hours
worked to the nearest half-hour often when Plaintiff worked over 40
hours per week thus failing to pay him all regular and overtime
hours worked.
Amphenol Corporation designs, manufactures, and markets cylindrical
and rectangular, electronic, fiber optic, EMI/EMP filter, and a
variety of special applications connectors and interconnect
systems, among other things. [BN]
The Plaintiff is represented by:
Frank S. Gattuso, Esq.
GATTUSO & CIOTOLI, PLLC
The White House
7030 E. Genesee Street
Fayetteville, NY 13066
Telephone: (315) 314-8000
E-mail: fgattuso@gclawoffice.com
- and -
James Emmet Murphy, Esq.
Michele A. Moreno, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
Facsimile: (212) 943-9082
E-mail: jmurphy@vandallp.com
mmoreno@vandallp.com
APPLE INC: Judges Deny Bid to Dismiss Class-Action Lawsuit
----------------------------------------------------------
technode.com reports that Apple's attempt to dismiss a class-action
lawsuit has been rejected by judges, according to Reuters. The
lawsuit alleged that Apple CEO Tim Cook misled investors by
concealing a decline in iPhone demand in China. The roots of this
litigation can be traced back to statements made by Cook during a
phone call with analysts on November 1, 2018. At that time, he
stated that while Apple was facing challenges in markets affected
by unfavorable exchange rates, such as Brazil, India, Russia, and
Turkey, he did not consider China as part of this group. However,
just a few days later, Apple instructed suppliers to reduce
production, and in a surprise move, dramatically lowered its
quarterly revenue forecast by as much as 9 billion US dollars on
January 2, 2019.[GN]
ARIZONA BEVERAGES: Dorsey Sues Over Misleading Product Labels
-------------------------------------------------------------
Apriel Dorsey, individually and on behalf of all others similarly
situated, Plaintiff v. Arizona Beverages USA LLC, Defendant, Case
No. 1:23-cv-01729-RDB (D. Md., June 27, 2023) alleges claims
against the Defendant for unjust enrichment, fraud, breaches of
express warranty, breach of contract, and for violations of the
Maryland Consumer Protection Act.
Plaintiff Dorsey alleges that the Defendant misleadingly uses the
term "Lite" on the label of its iced tea and lemonade, known as an
"Arnold Palmer," in 20 oz bottles. In addition, the product's
nutrition facts also reveals 30 grams of added sugar, which is 60
percent of the daily value and is considered as high in added
sugars. Moreover, the Defendant allegedly misrepresented the
product by claiming that it is low in sugar and calories, and lower
in sugar and calories than comparable beverages, says the
Plaintiff.
Arizona Beverages USA LLC is a seller of non-carbonated beverages
for over four decades based in Woodbury, Nassau County, New
York.[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
E-mail: spencer@spencersheehan.com
AVANADE INC: Laird Files Suit in Cal. Super. Ct.
------------------------------------------------
A class action lawsuit has been filed against Avanade, Inc., et al.
The case is styled as Madison Laird, on behalf of himself, all
others similarly situated v. Avanade, Inc., Does 1 to 10,
inclusive, Case No. CGC23607346 (Cal. Super. Ct., San Francisco
Cty., June 28, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Avanade -- https://www.avanade.com/en -- is a global professional
services company providing IT consulting and services focused on
the Microsoft platform with artificial intelligence, business
analytics, cloud, application services, digital transformation,
modern workplace, security services, technology and managed
services offerings.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
MOON & YANG, APC
1055 W 7th St., Ste. 1880
Los Angeles, CA 90017-2529
Phone: 213-232-3128
Fax: 213-232-3125
Email: kane.moon@moonyanglaw.com
BALTIMORE GAS: Residents Await Court Date in Suit Over Shutoffs
---------------------------------------------------------------
Amy Simpson, writing for WBFF, reports that a group of more than
120 Baltimore residents are waiting for a court date after filing a
class-action lawsuit against BGE.
"This isn't about safety," said Thiru Vignarajah, an attorney
representing the plaintiffs. "This is about profits. This lawsuit
will make clear to the courts and we hope to the public that BGE is
not on your side. They are doing what they've always done --
protecting and profiting off the backs of customers in Baltimore
City."
The lawsuit comes as BGE is installing thousands of external gas
regulators throughout Baltimore.
Residents opposed to the utility work claim BGE is illegally
threatening gas-service shutoffs if residents do not agree to have
an external gas regulator installed at their homes.
BGE maintains the utility work will increase safety of its gas
infrastructure and speed up natural gas delivery citywide.
The utility company also said its been communicating construction
plans and timelines to residents since May 2022.
On June 27, Vignarajah said lawyers are working behind-the-scenes
to arrange a scheduling order for a court date.
"We are asking for immediate action," said Vignarajah. "We're
asking for an emergency hearing to make sure this gets resolved as
quickly as possible."
Among the exhibits entered in the class-action lawsuit is a
"position statement" from BGE to Maryland's General Assembly.
The letter came as legislators were considering legislation after a
deadly 2016 gas-explosion at a Silver Spring apartment complex.
In the February 2020 position statement, BGE said, in part:
. . . BGE has a unique situation in that its service territory has
several densely populated areas such as Baltimore City that do not
often provide for appropriate open outside space to allow for
outside meter or regulator installations. The utility also has to
take into consideration existing local and federal laws that
prevent locating equipment on public rights of way, in historic
locations or in conflict with the American Disabilities Act
Standards.
On June 27, FOX45 News asked BGE why its position on external
regulators in Baltimore City has changed in the last 3.5 years.
A spokesperson said, in a statement:
. . . BGE was in support of the bill with amendments. BGE
recommended the bill be modified to provide the company the
opportunity to offer situational exceptions in the event we were
unable to install a regulator. Additionally, in order not to rush,
we requested the Commission grant us a waiver from the 2025
deadline. Ultimately, the bill was modified to adjust for safety,
and ADA compliance.
A BGE spokesperson also said the company cannot comment on active
litigation. [GN]
BAUER'S INTELLIGENT: Turner Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Bauer's Intelligent
Transportation, Inc., et al. The case is styled as Norman Turner,
an individual, on behalf of himself and others similarly situated
v. Bauer's Intelligent Transportation, Inc., Does 1 to 10,
inclusive, Case No. CGC23607337 (Cal. Super. Ct., San Francisco
Cty., June 28, 2023).
The case type is stated as "Other Non-Exempt Complaints."
Bauer's Intelligent Transportation -- https://bauersit.com/ -- is a
transportation company that offers commuter and charter
transportation services.[BN]
The Plaintiff is represented by:
Kelsey M. Szamet, Esq.
KINGSLEY & KINGSLEY
16133 Ventura Blvd., Ste. 1200
Encino, CA 91436
Phone: 818-990-8300
Fax: 818-990-2903
Email: kelsey@kingsleykingsley.com
- and -
W. Zev Abramson, Esq.
ABRAMSON LABOR GROUP ("ALG")
11846 Ventura Blvd.
Studio City, CA 91604
Phone: 213-493-6300
Fax: 213-382-4083
Email: wza@abramsonlabor.com
BLUE SEVEN: Wahab Files ADA Suit in S.D. New York
-------------------------------------------------
A class action lawsuit has been filed against Blue Seven, LLC. The
case is styled as Anglea Wahab, on behalf of herself and all others
similarly situated v. Blue Seven, LLC, Case No.
1:23-cv-05539-PAE-OTW (S.D.N.Y., June 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Blue Seven is a brand of H.Obermeyer GmbH & Co.KG.[BN]
The Plaintiff is represented by:
Ara Vahe Naljian, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 584-5575
Email: analjian@steinsakslegal.com
BOPPY COMPANY: Faces Hudson Suit Over Unsafe Newborn Loungers
-------------------------------------------------------------
JOWANNA HUDSON, on behalf of herself and others similarly situated,
Plaintiff v. THE BOPPY COMPANY LLC, Defendant, Case No.
1:23-cv-01538 (D. Colo., June 19, 2023) is a class action brought
by the Plaintiff to recover damages based on, inter alia, Boppy's
breach of express warranty, breach of implied warranties,
negligence, unjust enrichment, and breach of Colorado consumer
protection statutes.
The Plaintiff brings this action on behalf of herself and the
proposed class of purchasers and users of Defendant's newborn
loungers. Boppy's newborn loungers have been allegedly linked to
the deaths of at least eight infants between December 2015 and June
2020. On September 23, 2021, the U.S. Consumer Product Safety
Commission recalled over three million newborn loungers sold by
Boppy. The Defendant's Recall Notice states that infants had
reportedly suffocated after being placed in the loungers on their
back, side, or stomach. Two more infants passed away following the
September 2021 recall due to unsafe sleeping environments connected
to Boppy's newborn loungers, says the Plaintiff.
The Plaintiff purchased a lounger from Wal-Mart, which she used
regularly through the Boppy's Recall Notice. By failing to provide
immediate notice of the risks of asphyxiation associated with
continued use and non-use of the Recalled Loungers, Boppy concealed
its conduct and the existence of the claims asserted herein from
Plaintiff and the members of the Class, asserts the suit.
The Boppy Company is engaged in the business of selling and
distributing infant carriers and nursing pillows across the United
States and Canada.[BN]
The Plaintiff is represented by:
Blake G. Abbott, Esq.
Paul Doolittle, Esq.
POULIN | WILLEY, | ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
E-mail: blake@akimlawfirm.com
pauld@akimlawfirm.com
BOSTON PIE: Kingham Sues Over Drivers' Unreimbursed Expenses
------------------------------------------------------------
BRIAN KINGHAM, individually and on behalf of similarly situated
persons, Plaintiff v. BOSTON PIE, INC. d/b/a DOMINO'S PIZZA and
DAVID JENKS, Defendants, Case No. 1:23-cv-11361 (D. Mass., June 16,
2023) is a collective action under the Fair Labor Standards Act to
recover unpaid minimum wages and overtime hours owed to Plaintiff
and similarly situated delivery drivers employed by Defendants at
its Domino's stores.
The Plaintiff was employed by Defendants from July 2021 until March
2023 as a delivery driver at Domino's store located in Holbrook,
Massachusetts.
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.
Boston Pie, Inc., d/b/a Domino's Pizza, operates numerous Domino's
Pizza franchise stores.[BN]
The Plaintiff is represented by:
Anthony "Tony" Orlandi, Esq.
HERZFELD, SUETHOLZ, GASTEL, LENISKI,
AND WALL, PLLC
223 Rosa Parks Ave. Suite 300
Nashville, TN 37203
Telephone: (615) 800–6225
Facsimile: (615) 994–8625
E-mail: tony@hsglawgroup.com
BRAVO TREE SERVICE: Hernandez Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Bravo Tree Service,
Inc. The case is styled as Ruben Hernandez on behalf of himself and
all others similarly situated v. Bravo Tree Service, Inc., Case No.
STK-CV-UOE-2023-0006583 (Cal. Super. Ct., San Joaquin Cty., June
27, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Bravo Tree Service, Inc. -- https://www.bravotreeserviceinc.com/ --
is a tree service in Jurupa Valley, Californi.[BN]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
BRADLEY GROMBACHER LLP
31365 Oak Crest Drive Suite 240
Westlake Village, CA 91361
Phone: (805) 270-7100
Fax: (805) 618-2939
BRIDGE HOUSING: Juarez Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Bridge Housing
Corporation, et al. The case is styled as Yolanda Juarez,
individually, and on behalf of all others similarly situated v.
Bridge Housing Corporation, Does 1 to 10, inclusive, Case No.
CGC23607344 (Cal. Super. Ct., San Francisco Cty., June 28, 2023).
The case type is stated as "Other Non-Exempt Complaints."
BRIDGE Housing -- https://bridgehousing.com/ -- is a foundation
that specializes in solutions for affordable housing
shortages.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
MOON & YANG, APC
1055 W 7th St., Ste. 1880
Los Angeles, CA 90017-2529
Phone: 213-232-3128
Fax: 213-232-3125
Email: kane.moon@moonyanglaw.com
BUTTERMILK BASIN: Cromitie Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Buttermilk Basin. The
case is styled as Seana Cromitie, on behalf of herself and all
others similarly situated v. Buttermilk Basin, Case No.
1:23-cv-05546 (S.D.N.Y., June 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Buttermilk Basin -- https://www.buttermilkbasin.com/ -- offer
vintage inspired designs for the creative soul in wool, cotton, and
thread.[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
CALIFORNIA: Prison Guard Class Action Against CDCR Pending
----------------------------------------------------------
Veronica Morley, writing for KERO, reports that it was in 2018 we
first learned about a lawsuit filed against the California
Department of Corrections by Sarah Coogle, a former Tehachapi
prison guard who said she was denied reasonable accommodations
during her pregnancy. Now, her attorney is sharing that her story
was just one of hundreds of women, which is what led him to pursue
a class action lawsuit with nearly 300 plaintiffs.
Coogle lost her unborn baby two months after she fell while trying
to break up a prison fight in 2017. In 2019, the CDCR settled the
suit for $1.7 million.
Coogle's attorney Arnold Peter, however, is continuing to pursue a
class action lawsuit against the CDCR on behalf of hundreds of
women arguing that during their times as employees and correctional
officers, they were denied certain accommodations and lighter duty
while pregnant.
Many of the women state that when they entered the field, the
policy did provide accommodations, and some even had children
during their career. But something changed in 2015, however no one
could explain to them why the change to policy was made.
"When the policy was implemented back in 2015, we have originally
challenged it with Sarah Coogle's case, and like I said we began to
get phone calls from individuals who's situations were not so
severe," Peter said. "Each of those individuals situations were
such that it didn't make sense to file separate lawsuits, it only
made sense to file a class action lawsuit. So the policy could be
addressed statewide as to every single pregnant correctional
officer and then all employees."
Legislators began to get involved. Former Assemblymember Rudy Salas
authored Assembly Bill 1906 -- the Workplace Safety Bill for
Pregnant Correctional Officers -- which advanced through committees
in 2020 but was vetoed by Governor Gavin Newsom after the CDCR
announced it would revert to its pre-2015 policy.
"Even though now we've reverted back to the old policy, CDCR in
many cases is sorta slow walking reasonable accommodation
requests," Peter said. "So our next step is to ask Gov. Newsom to
step in and get some resolution."
Along with a the on-going class action lawsuits, eight of the
plaintiffs have attached their names to letters to the governor's
office as well to Attorney General Rob Bonta.
"We are also asking that the CDCR be monitored and provide a report
to Govoner Newsom's office until the policy has been fully
implemented, which we don't think that it has," Peter said.
23ABC reached out to the CDCR for comment but they said they could
not comment on the current pending litigation. A hearing had been
scheduled in June in Los Angeles for the class action lawsuit as
well as a lawsuit filed by the Department of Fair Employment and
Housing, a department that also falls under Governor Newsom's
purview. [GN]
CARVANA CO: Portnoy Law Firm Files Securities Class Action
----------------------------------------------------------
The Portnoy Law Firm advises Carvana Co. ("Carvana" or the
"Company") (NYSE: CVNA) investors that a class action filed on
behalf of investors. Carvana investors that lost money on their
investment are encouraged to contact Lesley Portnoy, Esq.
Investors are encouraged to contact attorney Lesley F. Portnoy, by
phone 844-767-8529 or email: lesley@portnoylaw.com, to discuss
their legal rights, or click here to join the case via
www.portnoylaw.com. The Portnoy Law Firm can provide a
complimentary case evaluation and discuss investors' options for
pursuing claims to recover their losses.
On June 24, 2022, after market hours, Barron's published an article
which alleged, among other things, that Carvana "was selling cars
faster than it could get them registered to their new owners," and
had been "issuing multiple temporary license plates from states
where it has dealer's licenses, instead of promptly providing
permanent ones."
On this news, Carvana's stock fell $6.78, or 21.5%, over the next
two trading days to close at $24.74 per share on June 28, 2022,
thereby injuring investors.
The complaint filed in this class action alleges that throughout
the Class Period, Defendants made materially false and/or
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects. Specifically, Defendants failed to disclose to investors
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'
positive statements about the Company's business, operations, and
prospects were materially misleading and/or lacked a reasonable
basis at all relevant times.
Please visit our website to review more information and submit your
transaction information.
The Portnoy Law Firm represents investors in pursuing claims
against caused by corporate wrongdoing. The Firm's founding partner
has recovered over $5.5 billion for aggrieved investors. Attorney
advertising. Prior results do not guarantee similar outcomes.
Lesley F. Portnoy, Esq.
Admitted CA and NY Bar
lesley@portnoylaw.com
310-692-8883
www.portnoylaw.com
Attorney Advertising [GN]
CASTLE TIRE DISPOSAL: Holmberg Files Suit in Cal. Super. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against Castle Tire Disposal,
LLC, et al. The case is styled as Erick Holmberg, individually and
on behalf of all others similarly situated employees v. Castle Tire
Disposal, LLC, Chandos Mahon, Ricardo Soto, Case No.
STK-CV-UOE-2023-0006565 (Cal. Super. Ct., San Joaquin Cty., June
27, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Castle Tire Disposal, LLC -- https://www.castletirerecycling.com/
-- collect, process, and recycle tire waste.[BN]
The Plaintiff is represented by:
Justin P. Rodriguez, Esq.
SHIMODA & RODRIGUEZ LAW, PC
9401 E Stockton Blvd., Ste. 120
Elk Grove, CA 95624-5050
Phone: 916-525-0716
Fax: 916-760-3733
Email: jrodriguez@shimodalaw.com
CELTIC CROFT: Castro Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against The Celtic Croft,
Inc. The case is styled as Felix Castro, on behalf of himself and
all others similarly situated v. The Celtic Croft, Inc., Case No.
1:23-cv-05529 (S.D.N.Y., June 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Celtic Croft -- https://kilts-n-stuff.com/ -- has one of the
largest selections of kilts, tartans, Clan Crests, Coat of Arms,
Celtic jewelry, kilted skirts and decor.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
CHURCH MUTUAL: More Time to File Class Cert Reply Sought
--------------------------------------------------------
In the class action lawsuit captioned as GENERATION CHANGERS
CHURCH, individually and on behalf of all others similarly
situated, v. CHURCH MUTUAL INSURANCE COMPANY, Case No.
3:21-cv-00764 (M.D. Tenn.), the Parties ask the Court to enter an
order extending the remaining briefing deadlines on the Plaintiff's
motion for class certification, appointment of class representative
and appointment of class counsel.
-- Deadline for the Defendant to file its Response: July 14,
2023
-- Deadline for the Plaintiff to file its Reply: Aug. 7,
2023
The Plaintiff's Second Amended Complaint asserts putative class
claims on behalf of insurance policyholders in ten states for
breach of contract and declaratory judgment arising out of the
Defendant's alleged practice of "withholding labor as depreciation"
from actual cash value (ACV) payments made in accordance with the
Defendant's property insurance policies.
Church Mutual provides insurance services. The Company offers
property, liability, workers compensation, and auto insurance
services.
A copy of the Parties' motion dated June 20, 2023, is available
from PacerMonitor.com at https://bit.ly/3PD9EZU at no extra
charge.[CC]
The Plaintiff is represented by:
J. Brandon McWherter, Esq.
MCWHERTER SCOTT & BOBBITT, PLC
341 Cool Springs Blvd., Suite 230
Franklin, TN 37067
E-mail: brandon@msb.law
- and -
T. Joseph Snodgrass, Esq.
SNODGRASS LAW LLC
100 S. Fifth Street, Suite 800
Minneapolis, MN 55402
E-mail: jsnodgrass@snodgrass-law.com
- and -
Erik D. Peterson, Esq.
ERIK PETERSON LAW OFFICES, PSC
110 W. Vine Street, Suite 300
Lexington, KY 40507
E-mail: erik@eplo.law
The Defendant is represented by:
Daniel J. Ripper, Esq.
LUTHER-ANDERSON, PLLP
P.O. Box 151
Chattanooga, TN 37401-0151
E-mail: dan@lutheranderson.com
- and -
George T. Lewis, III, Esq.
Ryan A. Strain, Esq.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.
165 Madison Ave., Suite 2000
Memphis, TN 38103
E-mail: blewis@bakerdonelson.com
rstrain@bakerdonelson.com
COGNIZANT TECHNOLOGY: Judge Declares Mistrial in Race Bias Suit
---------------------------------------------------------------
Gina Kim, writing for Law360, reports that a California federal
judge declared a mistrial on June 26 after jurors deadlocked in a
class action accusing Cognizant Technology Solutions of
discriminating against non-South Asian or non-Indian employees, an
outcome the foreperson attributed to a holdout who "put his head
down" and "just wouldn't participate." [GN]
COMMERCIAL INSURANCE.NET: Crawford Sues Over Unpaid Overtime
------------------------------------------------------------
ALLISON CRAWFORD, on behalf of herself and all others similarly
situated, Plaintiff v. COMMERCIAL INSURANCE.NET LLC d/b/a TIVLY,
Defendant, Case No. 5:23-cv-00541-D (W.D. Okla., June 19, 2023)
seeks unpaid overtime wages, liquidated damages, triple damages,
pre- and post-judgment interest, attorneys' fees and costs arising
out of the Defendant's violation of the Fair Labor Standards Act
and the Virginia Overtime Wage Act.
The Plaintiff asserts that Defendant has violated the FLSA and VOWA
through policies and practices of (1) omitting non-discretionary
bonuses, commissions, and similar forms of incentive compensation
from its calculation of overtime rates paid to non-exempt
employees, and (2) deducting from compensable time and not paying
non-exempt employees for short rest periods.
The Plaintiff was employed by the Defendant from approximately May
24, 2021 through the present, as a telephone sales representative,
quality assurance specialist, and quality assurance lead,
respectively.
Commercial Insurance.Net LLC, d/b/a Tivly, sells commercial
insurance products.[BN]
The Plaintiff is represented by:
Michael Burrage, Esq.
WHITTEN BURRAGE
512 North Broadway Ave., Suite 300
Oklahoma City, OK 73102
Telephone: (405) 516-7800
E-mail: mburrage@whittenburragelaw.com
- and -
Zev H. Antell, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-1413
E-mail: zev@butlercurwood.com
- and -
Timothy Coffield, Esq.
COFFIELD PLC
106-F Melbourne Park Circle
Charlottesville, VA 22901
Telephone: (434) 218-3133
Facsimile: (434) 321-1636
E-mail: tc@coffieldlaw.com
COMMONWEALTH HEALTH: Faces Class Action Over Data Breach
--------------------------------------------------------
Michael Walter, writing for Cardiovascular Business, reports that a
cyberattack in early 2023 targeted Commonwealth Health Physician
Network-Cardiology (CHPNC) in Scranton, Pennsylvania, exposing the
private data of nearly 182,000 heart patients.
Now, according to a new report from The Times-Tribune in Scranton,
some of those patients have filed a class-action lawsuit in
Lackawanna County Court alleging that CHPNC was not prepared for
such an event and waited much too long to act.
One of the primary complaints appears to be the fact that CHPNC,
also known as Great Valley Cardiology, waited nearly two months to
tell patients that their private data—including names, social
security numbers and even credit card information—had been
compromised.
"Great Valley Cardiology's failure to timely notify the victims of
its data breach meant that plaintiff and class members were unable
to immediately take affirmative measures to prevent or mitigate the
resulting harm," according to the lawsuit filed by attorney Andrew
W. Ferich.
The class-action lawsuit's lead plaintiff is Michele Jarrow, a
CHPNC patient from Olyphant, Pennsylvania. The Times-Tribune
reported that Jarrow is listed by name as one patient who found out
her personal information was "found on the dark web." Now,
according to the lawsuit, Jarrow may need to invest in significant
security measures for the rest of her life.
"Once personal information is exposed, there is virtually no way to
ensure that the exposed information has been fully recovered or
contained against future misuse," according to the lawsuit.
CHPNC's health system, Commonwealth Health, is not commenting on
the lawsuit. [GN]
CONFORMIS INC: M&A Investigates Possible Securities Violations
--------------------------------------------------------------
Juan Monteverde, founder and managing partner of the class action
firm Monteverde & Associates PC (the "M&A Class Action Firm"), a
national securities firm rated Top 50 in the 2018-2021 ISS
Securities Class Action Services Report and headquartered at the
Empire State Building in New York City, is investigating:
Conformis, Inc. (Nasdaq: CFMS), relating to its proposed sale to
restor3d. Under the terms of the agreement, CFMS shareholders are
expected to receive $2.27 in cash per share they own. Click here
for more information: https://monteverdelaw.com/case/conformis-inc.
It is free and there is no cost or obligation to you.
About Monteverde & Associates PC
We are a national class action securities and consumer litigation
law firm that has recovered millions of dollars for shareholders
and is committed to protecting investors and consumers from
corporate wrongdoing. Monteverde & Associates lawyers have
significant experience litigating Mergers & Acquisitions and
Securities Class Actions, whereby they protect investors by
recovering money and remedying corporate misconduct. Mr.
Monteverde, who leads the firm, has been recognized by Super
Lawyers as a Rising Star in Securities Litigation in 2013 and
2017-2019, an award given to less than 2.5% of attorneys in a
particular field. He has also been selected by Martindale-Hubbell
as a 2017-2020 Top Rated Lawyer. Our firm's recent successes
include changing the law in a significant victory that lowered the
standard of liability under Section 14(e) of the Exchange Act in
the Ninth Circuit. Thereafter, our firm successfully preserved this
victory by obtaining dismissal of a writ of certiorari as
improvidently granted at the United States Supreme Court. Emulex
Corp. v. Varjabedian, 139 S. Ct. 1407 (2019). Also, over the years
the firm has recovered or secured over a dozen cash common funds
for shareholders in mergers & acquisitions class action cases.[GN]
CONTRACT LAND: Minogue Sues Over Unpaid Overtime Wages
------------------------------------------------------
BRIDGETT MINOGUE, individually and for others similarly situated v.
CONTRACT LAND STAFF, LLC, Case No. 1:23-cv-02729-AT (N.D. Ga., June
19, 2023) is a collective action brought by the Plaintiff under the
Fair Labor Standards Act to recover unpaid overtime wages and other
damages from the Defendant.
Plaintiff Minogue worked for CLS under a variety of job titles,
including land representative and senior right of way agent.
Instead of receiving overtime as required by the FLSA, the
Plaintiff asserts that she and other similarly situated workers
received a flat amount for each day worked without overtime
compensation.
Plaintiff Minogue was employed by CLS from June 2019 until June
2020 as senior right of way agent.
Contract Land Staff, LLC is a service provider for land services in
the pipeline, electric, public, and renewable energies sectors in
the U.S.[BN]
The Plaintiff is represented by:
C. Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 15th Floor
Atlanta, GA 30353-0244
Telephone: (407) 420-1414
Facsimile: (407) 867-4791
E-mail: rmorgan@forthepeople.com
COPPOLA BEAUTY: Senior Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Coppola Beauty LLC.
The case is styled as Frank Senior, on behalf of himself and all
other persons similarly situated v. Coppola Beauty LLC, Case No.
1:23-cv-05492 (S.D.N.Y., June 27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Coppola Beauty LLC doing business as Peter Coppola --
https://www.petercoppola.com/ -- formulated to semi-permanently
change the texture of all hair types, the α-Keratin.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
DARLING INGREDIENTS: Parties Must Submit Revised Scheduling Order
-----------------------------------------------------------------
In the class action lawsuit captioned as SINES et al v. DARLING
INGREDIENTS INC., Case No. 2:19-cv-19121 (D.N.J., Filed Oct. 18,
2019), the Hon. Judge Evelyn Padin entered an order directing the
Parties to meet, confer and submit an accelerated revised
scheduling order for completion of discovery as class certification
has been denied.
The Court will hold a telephone conference, on 10/18/23 at 2pm.
Parties are to use the Courts teleconference dial-in: 888-808-6929
and Access Code is 9464201.
The nature of suit Property -- Torts to Land.
Darling Ingredients is a publicly traded company turning edible
by-products and food waste into sustainable products.[CC]
DRIPS HOLDINGS: Mantha Suit Transferred to N.D. Ohio
----------------------------------------------------
The case styled as Joseph Mantha, on behalf of himself and others
similarly situated v. Drips Holdings, LLC, Case No. 1:19cv12235 was
transferred from the U.S. District Court for the District of
Massachusetts, to the U.S. District Court for the Northern District
of Ohio on June 27, 2023.
The District Court Clerk assigned Case No. 5:23-mc-00028-BYP to the
proceeding.
The nature of suit is stated as Motion to Compel.
Drips.com -- https://drips.com/ -- features an AI engine that helps
improve lead-to-call conversion and reduces overall lead gen
costs.[BN]
The Plaintiff is represented by:
Brian K. Murphy, Esq.
MURRAY, MURPHY, MOUL & BASIL
1114 Dublin Road
Columbus, OH 43215
Phone: (614) 488-0400
Fax: (614) 488-0401
Email: murphy@mmmb.com
- and -
Edward A. Broderick, Esq.
BRODERICK LAW
176 Federal Street, 5th Floor
Boston, MA 01890
Phone: (617) 738-7080
Fax: (617) 830-0327
Email: ted@broderick-law.com
DZS INC: Faces Class Action Over False, Misleading Statements
-------------------------------------------------------------
Holzer & Holzer, LLC informs investors that it has filed a class
action lawsuit against DZS Inc. ("DZS," or the "Company")
(NASDAQ: DZSI). The lawsuit alleges DZS made materially false
and/or misleading statements and/or failed to disclose material
adverse facts, including: (1) DZS' financial statements from March
31, 2023 to the present contained certain errors; (2) as a result,
DZS would need to restate its previously filed quarterly financial
statement for the period ending March 31, 2023; (3) the Company had
ongoing undisclosed issues with its internal controls over
financial reporting; and (4) as a result, Defendants' statements
about its business, operations, and prospects, were materially
false and misleading and/or lacked a reasonable basis at all
relevant times.
If you bought shares of DZS between March 10, 2023 and May 31,
2023, and you suffered a significant loss on that investment, you
are encouraged to discuss your legal rights by contacting Corey
Holzer, Esq. cholzer@holzerlaw.com or Joshua Karr, Esq.
at jkarr@holzerlaw.com, by toll-free telephone at (888) 508-6832
or you may visit the firm's website www.holzerlaw.com/case/dzs/ to
learn more.
The deadline to ask the court to be appointed lead plaintiff in the
case is August 14, 2023.
Holzer & Holzer, LLC, an ISS top rated securities litigation law
firm for 2021 and 2022, dedicates its practice to vigorous
representation of shareholders and investors in litigation
nationwide, including shareholder class action and derivative
litigation. Since its founding in 2000, Holzer & Holzer attorneys
have played critical roles in recovering hundreds of millions of
dollars for shareholders victimized by fraud and other corporate
misconduct. More information about the firm is available through
its website, www.holzerlaw.com, and upon request from the firm.
Holzer & Holzer, LLC has paid for the dissemination of this
promotional communication, and Corey Holzer is the attorney
responsible for its content. [GN]
EMBARK TECHNOLOGY: Misleads Stockholders to OK Merger, Hanshew Says
-------------------------------------------------------------------
MARCEIL A. HANSHEW, individually and on behalf of all others
similarly situated, Plaintiff v. EMBARK TECHNOLOGY, INC., PENELOPE
HERSCHER, PAT GRADY, ELAINE CHAO, IAN ROBERTSON, PATRICIA CHIODO,
ALEX RODRIGUES, and BRANDON MOAK, Defendants, Case No. 2023-0654
(Del. Ch., June 26, 2023) is a class action against the Defendants
for breach of fiduciary duty.
According to the complaint, the Defendants filed materially false
and misleading preliminary proxy statements with the U.S.
Securities and Exchange Commission to convince Embark Technology's
public stockholders to vote in favor of the company's merger with
an affiliate of Applied Intuition, Inc. Specifically, the proxy
failed to disclose (i) the fees paid to Evercore (the financial
advisor that ran the sales process leading to the transaction), and
whether any such fees were contingent on consummation of the
transaction; (ii) the fees paid to Sierra (the financial advisor
that prepared the liquidation analyses underlying the fairness
opinion later provided to the transaction committee by Houlihan
Lokey), and whether any such fees were contingent on consummation
of the transaction; (iii) whether the failure of Evercore or Sierra
to provide a fairness opinion (necessitating the retention of a
third advisor, Houlihan Lokey) resulted from any potential
conflicts affecting Evercore and/or Sierra; (iv) services currently
being and/or previously provided by Evercore, Sierra, and/or
Houlihan Lokey within the two years prior to the transaction to
Embark and/or Applied, and the compensation paid therefor; and (v)
facts showing that Defendant Grady, a member of the transaction
committee purportedly comprised solely of independent and
disinterested directors, was not independent with respect to the
transaction, the suit says.
The Plaintiff seeks to enjoin the Defendants from taking any
further steps to schedule the stockholder vote and to consummate
the transaction, unless and until the Defendants cure the material
nondisclosures.
Embark Technology, Inc. is a software company, with its principal
executive offices located at 321 Alabama Street, San Francisco,
California. [BN]
The Plaintiff is represented by:
Ryan M. Ernst, Esq.
BIELLI & KLAUDER, LLC
1204 N. King Street
Wilmington, DE 19801
Telephone: (302) 803-4600
E-mail: rernst@bk-legal.com
- and -
Joshua E. Fruchter, Esq.
WOHL & FRUCHTER LLP
25 Robert Pitt Drive, Suite 209G
Monsey, NY 10952
Telephone: (845) 290-6818
Facsimile: (718) 504-3773
E-mail: jfruchter@wohlfruchter.com
ENETI INC: Monteverde Investigates Proposed Cadeler Merger
----------------------------------------------------------
Juan Monteverde, founder and managing partner of the class action
firm Monteverde & Associates PC (the "M&A Class Action Firm"), a
national securities firm rated Top 50 in the 2018-2021 ISS
Securities Class Action Services Report and headquartered at the
Empire State Building in New York City, is investigating:
Eneti, Inc. (NYSE: NETI), relating to its proposed sale to Cadeler
A/S. Under the terms of the agreement, NETI shareholders are
expected to receive 3.409 shares of Cadeler per share they own.
Click here for more information:
https://monteverdelaw.com/case/eneti-inc. It is free and there is
no cost or obligation to you.
About Monteverde & Associates PC
We are a national class action securities and consumer litigation
law firm that has recovered millions of dollars for shareholders
and is committed to protecting investors and consumers from
corporate wrongdoing. Monteverde & Associates lawyers have
significant experience litigating Mergers & Acquisitions and
Securities Class Actions, whereby they protect investors by
recovering money and remedying corporate misconduct. Mr.
Monteverde, who leads the firm, has been recognized by Super
Lawyers as a Rising Star in Securities Litigation in 2013 and
2017-2019, an award given to less than 2.5% of attorneys in a
particular field. He has also been selected by Martindale-Hubbell
as a 2017-2020 Top Rated Lawyer. Our firm's recent successes
include changing the law in a significant victory that lowered the
standard of liability under Section 14(e) of the Exchange Act in
the Ninth Circuit. Thereafter, our firm successfully preserved this
victory by obtaining dismissal of a writ of certiorari as
improvidently granted at the United States Supreme Court. Emulex
Corp. v. Varjabedian, 139 S. Ct. 1407 (2019). Also, over the years
the firm has recovered or secured over a dozen cash common funds
for shareholders in mergers & acquisitions class action cases.[GN]
ENZO BIOCHEM: Fails to Protect Patients' Info, Kupinska Says
------------------------------------------------------------
MARGO KUPINSKA, individually and on behalf of all others similarly
situated, Plaintiff v. ENZO BIOCHEM, INC., ENZO CLINICAL LABS,
INC., and LAB CORPORATION AMERICA HOLDINGS, INC., Defendants, Case
No. 2:23-cv-04503 (E.D.N.Y., June 18, 2023) sues Defendants for,
among other causes of action, negligence, negligence per se, unjust
enrichment, breach of contracts to which Plaintiff and Class
Members are intended as third-party beneficiaries, invasion of
privacy, and violation of New York's Deceptive Trade Practice Act.
According to the complaint, unauthorized third parties infiltrated
and accessed Enzo's inadequately protected computer systems between
April 4, 2023 and April 6, 2023, resulting in a data breach that
exposed patients' highly sensitive, confidential, and protected
laboratory testing and social security data. During the breach, the
unauthorized third parties obtained the protected personal
information of Defendants' patients by accessing Defendants'
computer systems and copying their personally identifiable
information, including patient names, dates of service, clinical
test information, and Social Security numbers.
As a result of the data breach, Plaintiff and Class members have
already suffered damages. For example, now that their PII/PHI has
been released into the criminal cyber domains, Plaintiff and Class
members are at imminent and impending risk of identity theft. This
risk will continue for the rest of their lives, as Plaintiff and
Class members are now forced to deal with the danger of identity
thieves possessing and using their PII/PHI. Additionally, Plaintiff
and Class members have already lost time and money responding to
and mitigating the impact of the data breach, which efforts are
continuous and ongoing, says the suit.
Enzo BioChem, Inc. researches, develops, and manufactures health
care products based on molecular biology and genetic engineering
techniques.[BN]
The Plaintiff is represented by:
Lori G. Feldman, Esq.
GEORGE FELDMAN MCDONALD, PLLC
102 Half Moon Bay Drive
Croton-on-Hudson, NY 10520
Telephone: (917) 983-9321
Facsimile: (888) 421-4173
E-mail: LFeldman@4-Justice.com
- and -
David J. George, Esq.
Brittany L. Brown, Esq.
GEORGE FELDMAN MCDONALD, PLLC
9897 Lake Worth Road, Suite #302
Lake Worth, FL 33467
Telephone: (561) 232-6002
Facsimile: (888) 421-4173
E-mail: DGeorge@4-Justice.com
BBrown@4-Justice.com
FANNIE MAY CONFECTIONS: Wahab Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Fannie May
Confections Brand, Inc. The case is styled as Anglea Wahab, on
behalf of herself and all others similarly situated v. Fannie May
Confections Brand, Inc., Case No. 1:23-cv-05536-AT (S.D.N.Y., June
28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Fannie May Confection Brands, Inc. --
https://www.fanniemay.com/us/en/ -- is an American chocolate
manufacturer headquartered in Chicago and currently owned by
Italian company Ferrero SpA.[BN]
The Plaintiff is represented by:
Ara Vahe Naljian, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 584-5575
Email: analjian@steinsakslegal.com
FAST BUSINESS FINANCIAL: Starling Files TCPA Suit in N.D. Texas
---------------------------------------------------------------
A class action lawsuit has been filed against Fast Business
Financial, LLC. The case is styled as R'Kes Starling, on behalf of
himself and all others similarly situated v. Fast Business
Financial, LLC, Case No. 4:23-cv-00655-P (N.D. Tex., June 27,
2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Fast business Finance -- https://www.fastbusinessfinancial.com/ --
offers small business loans with a maximum term of 24 months.[BN]
The Plaintiff is represented by:
Chris R. Miltenberger, Esq.
THE LAW OFFICE OF CHRIS R MILTENBERGER PLLC
1360 N White Chapel, Suite 200
Southlake, TX 76092
Phone: (817) 416-5060
Fax: (817) 416-5062
Email: chris@crmlawpractice.com
- and -
Eric H. Weitz, Esq.
Max Scott Morgan, Esq.
THE WEITZ FIRM LLC
1515 Market Street #1100
Philadelphia, PA 19102
Phone: (267) 587-6240
Fax: (215) 689-0875
Email: eric.weitz@theweitzfirm.com
max.morgan@theweitzfirm.com
FLAT RATE: Atkinson Sues Over Unlawful Recording of Communications
------------------------------------------------------------------
James Atkinson, individually and on behalf of all others similarly
situated v. FLAT RATE MOVERS, LTD., Case No. 1:23-cv-05471
(S.D.N.Y., June 27, 2023), is brought against the Defendant for
surreptitiously monitoring and recording the telephonic
communications between potential consumers and its customer service
representatives, without first providing notice or obtaining the
customer's consent to record such communications in violation the
California Invasion of Privacy Act ("CIPA").
As a moving company, Defendant places and receives calls to and
from consumers and potential consumers for a variety of purposes,
such as providing information about its services, providing support
to customers over the phone, providing quotes and scheduling
appointments for its moving services, among others. Unbeknownst to
consumers, Defendant monitors and records these telephone
conversations. Defendant does not disclose that it is monitoring
and recording these telephone conversations. Because Defendant
fails to disclose to consumers that it is recording telephonic
communications at the outset of the call, Defendant violated and
continues to violate the CIPA. The Plaintiff brings this action on
behalf of himself and a class of all persons within California
whose telephonic communications were surreptitiously recorded by
Defendant, says the complaint.
The Plaintiff is a California citizen and resident, residing in
Salinas, California.
FlatRate is a moving company that offers local and long-distance
moving services to residential customers in various states,
including California.[BN]
The Plaintiff is represented by:
Joseph I. Marchese, Esq.
Alec M. Leslie, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas
New York, NY 10019
Phone: (646) 837-7150
Facsimile: (212) 989-9163
Email: jmarchese@bursor.com
aleslie@bursor.com
- and -
Adrian Gucovschi, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC
630 Fifth Avenue, Suite 2000
New York, NY 10111
Phone: (212) 884-4230
Email: adrian@gr-firm.com
FM 49 CW: Fails to Pay Overtime Premiums, Cortez Suit Says
----------------------------------------------------------
OSCAR CORTEZ, on behalf of himself and others similarly situated,
Plaintiff v. FM 49 CW CORP., J & S CAR WASH, INC., LITTLE NECK CAR
WASH INC., CHARLES MESSINA, FERNANDO MAGALHAES, and ERNESTO J.
LOPES, Defendants, Case No. 2:23-cv-04779 (E.D.N.Y., June 27,2023)
arises out of the Defendants' violations of the Fair Labor
Standards Act and the New York Labor Law.
The Plaintiff began his employment with Defendants in November 2021
as a car wash attendant. However, pay provided by Defendants to
Plaintiff was allegedly intended to only cover hours worked up to
40 per workweek. As a result, the Defendants failed to pay
Plaintiff the premium overtime pay for the hours he worked in
excess of 40 per week. In addition, the Defendants also failed to
compensate Plaintiff with spread-of-hours pay, says the suit.
FM 49 CW Corp. is a domestic corporation authorized to do business
in the County of Nassau, State of New York. [BN]
The Plaintiff is represented by:
Yale Pollack, Esq.
LAW OFFICES OF YALE POLLACK, P.C.
66 Split Rock Road
Syosset, NY 11791
Telephone: (516) 634-6340
E-mail: ypollack@yalepollacklaw.com
FORD MOTOR: Coolidge Sues Over Defective Rear Subframe Assembly
---------------------------------------------------------------
GEORGE COOLIDGE and JOHN WIGGINS, individually and on behalf of all
others similarly situated, Plaintiffs v. FORD MOTOR COMPANY, a
Delaware Corporation, Defendant, Case No. 2:23-cv-11445-GCS-DRG
(E.D. Mich., June 19, 2023) is a consumer class action arising out
of Defendant's manufacture and sale of defective 2020-present Ford
Explorer 2.3L or 3.0L ST vehicles in violation of the Magnuson-Moss
Warranty Act, the Colorado Consumer Protection Act, the New York
General Business Law, the New York Uniform Commercial Code, and the
Colorado Revised Statutes.
According to the complaint, the defective Class vehicles are
uniformly and dangerously defective in that they are equipped with
a rear subframe assembly attached to the vehicle by only one rear
axle horizontal mounting bolt which does or can cause or otherwise
result in a sudden, even violent, disconnection of the rear drive
shaft assembly or its component parts, especially including while
the vehicle is in motion. The Defect results in the total loss of
driver control -- steering, breaking and speed control -- of the
Class vehicle while in operation, drastically increasing the risk
of collision, which threatens and risks injuring passengers,
bystanders, property, and other vehicles' drivers and passengers.
This poses extreme safety hazards to owners, lessees, passengers,
and the public at large, says the suit.
Because of Ford's fraudulent concealment of the defect in violation
of state consumer protection acts and the common law of fraudulent
concealment, its breaches of express warranties and implied
warranties of merchantability, and its failure to act in disclosing
and providing a remedy for the defect, owners and lessees of
defective Class vehicles are injured in fact, incurred damages, and
suffered ascertainable losses in money and property. Had Defendant
disclosed the rear subframe assembly defect, Plaintiffs and class
members would not have purchased or leased their Class Vehicles or
would have paid substantially less for them, the suit asserts.
Ford Motor Company is an American multinational automobile
manufacturer headquartered in Dearborn, Michigan.[BN]
The Plaintiffs are represented by:
E. Powell Miller, Esq.
Dennis A. Lienhardt, Esq.
THE MILLER LAW FIRM, P.C.
950 W. University Dr., Ste. 300
Rochester, MI 48307
Telephone: (248) 841-2200
Facsimile: (248) 652-2852
E-mail: epm@millerlawpc.com
dal@millerlawpc.com
- and -
Stephen R. Basser, Esq.
Samuel M. Ward, Esq.
BARRACK, RODOS, & BACINE
600 W Broadway, Suite 900
San Diego, CA 92101
Telephone: (619) 230-0800
Facsimile: (619) 230-1874
E-mail: sbasser@barrack.com
sward@barrack.com
- and -
John G. Emerson, Esq.
EMERSON FIRM, PLLC
2500 Wilcrest, Suite 300
Houston, TX 77042
Telephone: (800) 551-8649
Facsimile: (501) 286-4659
E-mail: jemerson@emersonfirm.com
FREEBIRD: Muto Files Suit in C.D. California
--------------------------------------------
A class action lawsuit has been filed against Freebird. The case is
styled as Marcelo Muto, on behalf of himself and all others
similarly situated v. Freebird, Case No. 5:23-cv-01245-SSS-KS (C.D.
Cal., June 27, 2023).
The nature of suit is stated as Other Contract.
Freebird -- https://freebirdca.com/ -- is a fine leather goods
manufacturer built with the idea to create timeless leather pieces
of uncompromising quality skillfully handcrafted in Oakland,
California.[BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW
1925 Century Park East, Suite 1700
Los Angeles, CA 90067
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
- and -
Sophia Goren Gold, Esq.
Amanda Jasmine Rosenberg, Esq.
Jeffrey Douglas Kaliel, Esq.
KALIEL GOLD PLLC
1100 15th Street 4th Floor
Washington, DC 20005
Phone: (202) 350-4783
Email: sgold@kalielgold.com
arosenberg@kalielgold.com
jkaliel@kalielpllc.com
G&A OUTSOURCING: Filing for Class Cert Bid Extended to June 3, 2024
-------------------------------------------------------------------
In the class action lawsuit captioned as Petrol Logic LLC, et al.,
v. G&A Outsourcing LLC, Case No. 1:22-cv-02219 (D. Colo., Filed
Aug. 29, 2022), the Hon. Judge Susan Prose entered an order
granting the joint motion to continue the class certification
schedule as follows:
-- Deadline for Joinder of Parties and Oct. 31, 2023
Amendment of Pleadings:
-- Telephone Status Conference set for: Jan. 16, 2024
-- Discovery due by: May 13, 2024
-- Case Management Conference set for: May 30, 2024
-- The Plaintiffs' Motion for Class June 3, 2024
Certification due by:
-- Response due by: July 15, 2024
-- Reply due: Aug. 5, 2024
The nature of suit states Diversity-Breach of Contract
Petrol Logic is an oil & natural gas company.[CC]
GENERAL MILLS: Averts Class Action Over Sharing of Video Info
-------------------------------------------------------------
Christopher Brown, writing for Bloomberg Law, reports that General
Mills Inc. defeated a proposed class action alleging it disclosed
the video-watching histories of website users to Facebook and
Google in violation of the Video Privacy Protection Act.
Plaintiffs Keith Carroll and Rebeka Rodriguez failed to show that
General Mills was a video tape service provider as defined in VPPA,
a threshold requirement for liability under the act, Judge Dale S.
Fisher of the US District Court for the Central District of
California said on June 26.
Fisher granted General Mills' motion to dismiss, and gave the
plaintiffs leave to file an amended complaint by July 20. [GN]
GENUINE PARTS: Dickerson Sues Over Failure to Pay Weekly
--------------------------------------------------------
Shaheed Dickerson, Alonzo Johnson, Juan Carrasquillo, and Sean
Brunson, individually and on behalf of all putative Class Members
v. GENUINE PARTS COMPANY d/b/a NAPA AUTO PARTS, Case No.
5:23-cv-00780-FJS-TWD (N.D.N.Y., June 27, 2023), is brought against
the Defendants violation of New York Labor Law by failing to pay
the Plaintiffs on a weekly basis.
The Plaintiffs engaged in manual work in their course of their
employment with the Defendant. For their work, they were paid their
wages on a bi-weekly basis. New York Law requires that companies
pay their manual workers on a weekly basis unless they receive an
express authorization to pay on a semi-monthly basis from the New
York State Department of Labor ("NYS DOL") Commissioner. The
Defendant has not received authorization from the NYS DOL
Commissioner to pay its manual workers on a bi-weekly basis.
Despite being manual workers, Defendant has failed to properly pay
Plaintiffs and their other employees in the State of New York that
engage in manual work in the course of their employment ("Manual
Workers") their wages within 7 calendar days after the end of the
week in which these wages were earned. In this regard, Defendant
has failed to provide timely wages to Plaintiffs and Manual
Workers, in violation of NYLL, says the complaint.
The Plaintiffs worked in positions as warehouse associates and
receiving associates.
The Defendant Genuine Parts Company d/b/a Napa Auto Parts is a
foreign business corporation organized and existing under the laws
of Georgia.[BN]
The Plaintiff is represented by:
Brent E. Pelton, Esq.
Taylor B. Graham, Esq.
Alison L. Mangiatordi, Esq.
PELTON GRAHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Phone: (212) 385-9700
Web: www.peltongraham.com
GIANT BICYCLE: Delacruz Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Giant Bicycle, Inc.
The case is styled as Emanuel Delacruz, on behalf of himself and
all other persons similarly situated v. Giant Bicycle, Inc., Case
No. 1:23-cv-05490-JHR-JLC (S.D.N.Y., June 27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Giant Bicycle, Inc. -- https://www.giant-bicycles.com/global --
offers latest bikes, accessories, news, promotion, event, pro
cycling team and where to find bicycle dealers.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
GOBBLE INC: Hedges Files Suit in Cal. Super. Ct.
------------------------------------------------
A class action lawsuit has been filed against Gobble, Inc. The case
is styled as Rebecca Hedges, individually and on behalf of all
others similarly situated v. Gobble, Inc., Case No. CGC23607320
(Cal. Super. Ct., San Francisco Cty., June 27, 2023).
The case type of suit is stated as "Fraud."
Gobble -- https://www.gobble.com/ -- is a weekly dinner kit
delivery service that helps busy people cook dinner in just 15
minutes thanks to already prepped ingredients.[BN]
The Plaintiff is represented by:
Frederick John Klorczyk, III, Esq.
Julia K. Venditti, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue, Suite 304
New York, NY 10019
Phone: (646) 837-7129
Fax: (212) 989-9163
Email: fklorczyk@bursor.com
GOHEALTH LLC: Arcuri Sues Over Unlawful Prerecorded Messages
------------------------------------------------------------
Michele Arcuri, individually and on behalf of all others similarly
situated v. GOHEALTH, LLC, Case No. 1:23-cv-04112 (N.D. Ill., June
27, 2023), is brought pursuant to the Telephone Consumer Protection
Act (the "TCPA") as a result of the Defendant's prerecorded
messages and voice messages.
To market its business, the Defendant uses prerecorded messages to
send prerecorded voice messages to individuals' cellular phone
numbers without first obtaining the required express written
consent. 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 the Plaintiff and members of the
Class, and any other available legal or equitable remedies, says
the complaint.
The Plaintiff is a natural person.
The Defendant is a corporation whose principal office is located in
Illinois.[BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Phone: 954.400.4713
Email: mhiraldo@hiraldolaw.com
GROOVE LIFE: Senior Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Groove Life
Corporation. The case is styled as Frank Senior, on behalf of
himself and all other persons similarly situated v. Groove Life
Corporation, Case No. 1:23-cv-05493 (S.D.N.Y., June 27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Groove Life -- https://www.groovelife.com/ -- manufactures silicone
rings, watch bands and other accessories tailored for active
lifestyles.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
HARVARD PILGRIM: Dennis Sues Over Alleged Data Breach
-----------------------------------------------------
NATHTIA DENNIS, individually, and on behalf of all others similarly
situated, Plaintiff v. HARVARD PILGRIM HEALTH CARE, INC., and
POINT32HEALTH, INC., Defendants, Case No. 1:23-cv-11438-PBS (D.
Mass, June 27, 2023) arises from the Defendants' failure to
properly secure and safeguard Representative Plaintiff's and Class
Members' protected health information (PHI) and personally
identifiable information (PII) stored within Defendant's
information network.
This action alleges claims against the Defendants for negligence,
negligence per se, breach of implied contract, breach of the
implied covenant of good faith and fair dealing, and for violations
of the Health Insurance Portability and Accountability Act and the
Federal Trade Commission Act.
Representative Plaintiff Dennis received a letter from Defendant,
dated June 15, 2023, stating Representative Plaintiff's PHI/PII was
involved in the data breach. With this action, Dennis seeks to hold
Defendant responsible for the harms it caused and will continue to
cause Representative Plaintiff and, at least, 2,550,922 other
similarly situated persons in the massive and preventable
cyberattack purportedly discovered by Defendant on April 17, 2023,
by which cybercriminals infiltrated Defendant's inadequately
protected network servers and accessed highly sensitive PHI/PII
which was being kept unprotected, says the suit.
Harvard Pilgrim is a Massachusetts nonprofit health services
company. [BN]
The Plaintiff is represented by:
Robert T. Naumes Jr, Esq.
JEFFREY GLASSMAN INJURY LAWYERS
One International Place, 18th Floor
Boston, MA 02186
Telephone: (617) 777-7777
Facsimile: (617) 722-9999
E-mail: bnaumes@jeffreysglassman.com
- and -
Laura Van Note, Esq.
COLE & VAN NOTE
555 12th Street, Suite 1725
Oakland, CA 94607
Telephone: (510) 891-9800
Facsimile: (510) 891-7030
E-mail: lvn@colevannote.com
HARVARD UNIVERSITY: 300-Plus Families Join Cadavers Class Suit
--------------------------------------------------------------
Marissa Tansino at wmur.com reports that hundreds of victims'
families have now come forward in the case of stolen body parts
from Harvard Medical School, according to one of the attorneys in
the class action lawsuit against the university.
Attorney's representing the families said they've heard from more
than 300 different people that have been affected by this case.
"It slaps you right in the face and brings you back to these
difficult moments," said Janet Pizzi, whose uncle's remains were
among those stolen, sold and shipped from Harvard Medical School's
morgue after being donated for science.
"For the families that are enduring this, it is really brutal,"
Pizzi said. She said her uncle always wanted to be donated to give
back to science. In 2018 after his death, his remains went to
Harvard Medical School.
Pizzi is one of many parts of a civil lawsuit against Harvard
University and Cedric Lodge, the former morgue manager.
Lodge and his wife, who are from Goffstown, are also facing federal
criminal charges after being accused of stealing dissected parts of
donated cadavers, including heads, brains, skulls and bones. Both
Lodge and his wife plead not guilty in a Pennsylvania federal
courtroom.
Attorneys in the civil suit said 310 families have come forward so
far.
"It's been incredible to hear and sad to hear the scope impact of
this case," said attorney Jonathan Sweet, of Keches Law Group.
The lawsuit filed on June 16 was initiated on behalf of all the
families who might be affected. Lawyers said up to 400 people who
had donated their bodies to science might have been affected,
calling it a "reprehensible tragedy."
According to the lawsuit, a Massachusetts man said he believes the
remains of his mother, Adele Mazzone, were among those mishandled.
The lawsuit said Harvard Medical School was "'negligent when it
failed to take responsible steps to ensure that the cadavers were
properly handled and maintained for their intended purpose."
Harvard officials previously responded to the indictment, calling
what allegedly happened "an abhorrent betrayal."
The lawyers encouraged families to come forward if they believe
they have been affected.
The U.S. Attorney's Office said it is working to identify victims
and contact their families. If you think your family or someone you
know has been affected by the case, you can call 717-614-4249.[GN]
HARVARD UNIVERSITY: Faces 2nd Suit Over Mistreatment of Cadavers
----------------------------------------------------------------
Susannah Sudborough at boston.com reports that a second class
action lawsuit has been filed against Harvard University in
response to revelations that the university's medical school morgue
manager allegedly stole and sold human body parts from cadavers
that had been donated to be used for education and research.
Earlier this month, federal prosecutors charged 55-year-old morgue
manager Cedric Lodge with conspiracy and interstate trafficking of
stolen goods, along with several of the buyers in his network, for
transactions going back as far as 2018.
News of the alleged mistreatment of the cadavers devastated the
families of those whose bodies were sold on the black market.
Days later, a Tewksbury man whose mother's body may have been among
the desecrated filed a class action lawsuit on behalf of the up to
400 families whose members' body parts may have been sold.
According to WBZ-TV, up to 150 people had already joined the
lawsuit by June 23.
Law firm Morgan & Morgan filed another class action lawsuit against
Harvard on behalf of three "traumatized and heartbroken" families
whose loved ones' bodies were allegedly mishandled.
"Defendants solicited and accepted these incredibly dear, precious,
selfless gifts and undertook the solemn, important responsibility
of making sure the gifted remains were treated, at all times,
lawfully and with the utmost dignity and respect," the lawsuit
reads.
"However, to their absolute shock and horror, the families who
placed this deep trust in Defendants have learned that . . . .
Defendants abandoned them in a facility that was a place of
freakish desecration, where . . . . criminals were allowed to roam
and pick over loved ones' remains for bits like trinkets at a flea
market."
The new lawsuit's claims
The people named in the lawsuit whose bodies were donated are Glenn
Wilder Sr., Marshall Jolotta, and Joseph Gagne -- all of whom were
Massachusetts residents. The plaintiffs are all children of the
deceased, the suit says, and most are from Massachusetts.
"When these individuals and their families made the generous and
selfless decision to donate their bodies, they trusted their
remains would be treated with utmost care, dignity, and respect and
that their donations would be used to educate the future generation
of doctors and ease the suffering of others," Morgan & Morgan wrote
in a statement.
"Now, these families are left to relive the trauma of losing their
loved ones and wonder what happened to their remains. We will fight
to hold everyone responsible for this disgrace accountable – and
to make sure no other families ever have to go through something
like this again."
The lawsuit alleges that Harvard failed "to provide a safe place
for the sheltering of the remains" and had "lax policies and
procedures and substandard screening, selecting, training and
supervision of its staff." It also claims that Harvard has yet to
take responsibility for what happened.
"The Harvard morgue was a haven for predators -- a place where one
could abuse the unprotected remains of loved ones in the worst
possible way without any fear of detection or prevention," the suit
reads.
The impact of Harvard's alleged negligence
The suit details the lives of the loved ones' whose bodies were
desecrated. It tells of their service to their communities and how
they wanted to keep helping people after their deaths by aiding in
the advancement of medical science.
"As he was dying of lung cancer, Glenn, Sr. told the family that,
through his gift, he hoped he could save someone else from the kind
of suffering he was enduring," the suit reads. ". . . .[Jolotta]
chose Harvard in part based on Harvard's outstanding reputation,
often joking with some pride that he was going to be the first in
his family to go to Harvard."
The suit charges Harvard with a breach of fiduciary duty, torturous
interference with remains, negligent infliction of emotional
distress, and unjust enrichment.
It asks for compensatory damages and injunctive relief, including
disclosure of the details of how their loved ones' remains were
treated while in Harvard's care insofar as this is possible.
"These remains were not mere 'cadavers' to which no respect was
owed. They were the last physical remnants of beloved fathers,
mothers, children, grandparents, sisters, wives," the suit reads.
How Harvard has responded so far
Harvard fired Lodge on May 6. He worked for the university for over
25 years.
The university claims to have had no knowledge of Lodge's
misconduct before the FBI contacted it about its investigation into
him in March 2023.
For the families of the people whose bodies were desecrated,
Harvard has created a webpage with resources and set up a support
and information center. It also sent letters to the donors' next of
kin to inform them of the alleged crimes.
To keep mistreatment of cadavers from happening again, the
university has appointed an external panel of experts to evaluate
its Anatomical Gift Program and morgue policies and practices.
Harvard didn't respond to a request for comment on the lawsuit, but
on its Anatomical Gift Program website, it wrote that "Harvard
Medical School is deeply sorry for the pain and uncertainty caused
by this troubling news."
What comes next
Kathryn Barnett, an expert in lawsuits involving the mistreatment
of human remains, will be leading the litigation, Morgan & Morgan
said in an email. She previously acted as lead counsel for lawsuits
arising from the 2002 Tri-State Crematory scandal in Georgia, among
others.
The law firm also said it filed a demand for discovery "to
determine the full scope of Harvard's knowledge of when and how
this could have happened." This includes a request for all of
Harvard's policies and procedures and Lodge's entire personnel
file. [GN]
HAWBAKER INC: Seeks Reconsideration of June 6, 2023 Order
---------------------------------------------------------
In the class action lawsuit captioned as LESTER PACKER SR., LESTER
PACKER II, and SHAWN DYROFF, individually and on behalf of the
GLENN O. HAWBAKER, INC. BENEFIT PLAN, v. GLENN O. HAWBAKER, INC.,
BOARD OF DIRECTORS OF GLENN O. HAWBAKER, INC., the PLAN
ADMINISTRATOR OF THE GLENN O. HAWBAKER, INC. BENEFIT PLAN; And JOHN
DOES 1-20, Case No. 4:21-cv-01747-MWB (M.D. Pa.), the Defendants
ask the Court to enter an order reconsidering its June 6, 2023,
Order granting the Plaintiffs, Lester Packer, Sr., Lester Packer
II, and Shawn Dyroff, individually and on behalf of the Glenn O.
Hawbaker, Inc. Benefit Plan's Motion for Class Certification.
A copy of the Defendants' motion dated June 20, 2023, is available
from PacerMonitor.com at https://bit.ly/3NrLRJI at no extra
charge.[CC]
The Defendants are represented by:
Colin D. Dougherty, Esq.
Beth Weisser, Esq.
Erika M. Page, Esq.
FOX ROTHSCHILD LLP
980 Jolly Road, Suite 110
Blue Bell, PA 19422-3001
Telephone: (610) 397-3908
Facsimile: (610) 397-0450
HENRY SCHEIN: Wagner Suit Removed to W.D. Washington
----------------------------------------------------
The case captioned as Dave Wagner, individually and on behalf of
all others similarly situated v. HENRY SCHEIN, INC., a Delaware
corporation; and DOES 1-10, Case No. 23-2-09985-1 SEA was removed
from the Superior Court of Washington for the County of King, to
the United States District Court for the Western District of
Washington on June 27, 2023, and assigned Case No. 2:23-cv-00955.
The Complaint in the present action asserts two causes of action: a
claim for discrimination under the Washington Law Against
Discrimination ("WLAD") and a claim for retaliation under the
Washington Equal Pay and Opportunities Act ("WEPOA"). The Complaint
seeks various forms of relief including: lost back pay, wages, and
benefits; lost front pay, future wages, and benefits; attorney fees
and costs; damages for emotional distress; statutory and punitive
damages; and requests injunctive relief awarding reinstatement of
Plaintiff to his former position with HSI.[BN]
The Defendant is represented by:
Tyler L. Farmer, Esq.
Erica R. Iverson, Esq.
Elisabeth Read, Esq.
HARRIGAN LEYH FARMER & THOMSEN LLP
999 Third Avenue, Suite 4400
Seattle, WA 98104
Phone: (206) 623-1700
Fax: (206) 623-8717
Email: tylerf@harriganleyh.com
ericai@harriganleyh.com
elisabeth.read@harriganleyh.com
HEXCLAD COOKWARE: Didwania et al. Sue Over Deceptive Marketing
--------------------------------------------------------------
KHUSCHBU DIDWANIA, PRATIKKUMAR PATEL, and BENJAMIN ADAMS,
Plaintiffs v. HEXCLAD COOKWARE, INC., Defendant, Case No.
2:23-cv-05110 (C.D. Cal., June 27, 2023) is a class action alleging
claims against the Defendant for breach of express warranty,
negligent misrepresentation, unjust enrichment, and for violations
of the California Consumer Legal Remedies Act, the California False
Advertising Law, and the California Unfair Competition Law.
Plaintiffs Didwania et al. allege that HexClad misleads consumers
through its marketing related to HexClad cookware products,
including claims related to the cookware being "non-toxic" or "free
from" certain chemicals. HexClad Cookware claims that their
products are free from PFOA and PFAS "forever chemicals" while also
admitting they are coated with polytetrafluoroethylene (PTFE) and
marketing PTFE as safe and inert. The PTFE compound found in the
non-stick coating of HexClad Cookware is a fluoropolymer plastic
compound that is silicone based and contains both carbon and
fluorine, say the Plaintiffs.
HexClad is a citizen of California, with its headquarters located
at 500 S. Anderson Street, Los Angeles, CA. It sells its products
both online, including directly from its website,
www.hexcladcookware.com, and through online retailers like Amazon
or Walmart. It offers a variety of products, including individual
pans and woks, cookware sets, and knives. [BN]
The Plaintiff is represented by:
Caleb Marker, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd., Suite 1080
Los Angeles, CA 90048
Telephone: (877) 500-8780
Facsimile: (877) 500-8781
E-mail: caleb.marker@zimmreed.com
- and -
Brian C. Gudmundson, Esq.
Rachel K. Tack, Esq.
ZIMMERMAN REED LLP
1100 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: brian.gudmundson@zimmreed.com
rachel.tack@zimmreed.com
- and -
Christopher D. Jennings, Esq.
Tyler B. Ewigleben, Esq.
JOHNSON FIRM
610 President Clinton Avenue, Suite 300
Little Rock, AR 72201
Telephone: (501) 372-1300
E-mail: chris@yourattorney.com
tyler@yourattorney.com
HOWARD UNIVERSITY: Filing for Class Cert. Bid Due Jan. 26, 2024
---------------------------------------------------------------
In the class action lawsuit captioned as ADAVENAIZZ v. HOWARD
UNIVERSITY, Case No. 1:23-cv-00663 (D.D.C., Filed March 10, 2023),
the Hon. Judge Dabney L. Friedrich entered a scheduling order
consistent with the parties' proposed deadlines in their meet and
confer statement, as follows:
-- Fact discovery shall close on: Dec. 29, 2023
-- The plaintiff's motion for class Jan. 26, 2024
certification shall be filed
on or before:
-- The defendant's opposition to Feb. 29, 2024
class certification shall be
filed on or before:
-- The plaintiff's reply in support March 28, 2024
of class certification shall be
filed on or before:
-- Initial merits expert disclosures May 10, 2024
shall be made on or before:
-- Rebuttal merits experts disclosures June 7, 2024
shall be made on or before:
-- Merits expert discovery shall July 12, 2024
close on:
-- Dispositive motions shall be August 2, 2024
filed on or before:
-- Oppositions to dispositive August 30, 2024
motions shall be filed on or
before:
-- Replies in support of dispositive September 27, 2024
motions shall be filed on or
before:
The nature of suit states Negotiable Instrument -- Breach of
Contract.
Howard University is a private, federally chartered historically
black research university in Washington, D.C., located in the Shaw
neighborhood. It is classified among "R2: Doctoral Universities --
High research activity" and accredited by the Middle States
Commission on Higher Education.[CC]
IMAGINATION ENTERPRISES: Senior Files ADA Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Imagination
Enterprises, LLC. The case is styled as Frank Senior, on behalf of
himself and all other persons similarly situated v. Imagination
Enterprises, LLC, Case No. 1:23-cv-05495 (S.D.N.Y., June 27,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Imagination Enterprises, LLC offers apartments completely
repainted, remodelled kitchen and bathroom.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
INTERCONTINENTAL CAPITAL: Faces Lopez Suit Over Unpaid Wages
------------------------------------------------------------
SERGIO LOPEZ, individually, and on behalf of all others similarly
situated, Plaintiff v. INTERCONTINENTAL CAPITAL GROUP, INC. AND
DUSTIN DIMISA, Defendants, Case No. 2:23-cv-04464 (E.D.N.Y., June
16, 2023) is a class action brought by the Plaintiff under the Fair
Labor Standards Act and the New York Labor Law to recover unpaid
earned overtime compensation and for other relief from the
Defendants.
Plaintiff Lopez was employed by Defendants as a loan officer at
Defendants' office located in Melville, New York from November 1,
2021 to August 15, 2022. He alleges the Defendants' failure to pay
overtime wages, failure to pay wages when due, failure to provide
wage notice, and failure to provide accurate written statements.
Intercontinental Capital Group, Inc. is a direct lending mortgage
bank.[BN]
The Plaintiff is represented by:
Erik H. Langeland, Esq.
THE LAW OFFICES OF ERIK H. LANGELAND, PC
733 Third Avenue, 16th Floor
New York, NY 10017
Telephone: (212) 354-6270
Facsimile: (646) 650-2782
E-mail: elangeland@langelandlaw.com
JAX OUTDOOR GEAR: Castro Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Jax Outdoor Gear Farm
and Ranch. The case is styled as Felix Castro, on behalf of himself
and all others similarly situated v. Jax Outdoor Gear Farm and
Ranch, Case No. 1:23-cv-05525 (S.D.N.Y., June 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
JAX Outdoor Gear, Farm & Ranch -- https://jaxgoods.com/ -- carries
farm and ranching supplies and tools. .[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
KALEYRA INC: M&A Investigates Possible Securities Violations
------------------------------------------------------------
Juan Monteverde, founder and managing partner of the class action
firm Monteverde & Associates PC (the "M&A Class Action Firm"), a
national securities firm rated Top 50 in the 2018-2021 ISS
Securities Class Action Services Report and headquartered at the
Empire State Building in New York City, is investigating:
Kaleyra, Inc. (NYSE: KLR), relating to its proposed sale to Tata
Communications. Under the terms of the agreement, KLR shareholders
will receive $7.25 in cash per share they own. Click here for more
information: https://monteverdelaw.com/case/kaleyra-inc. It is free
and there is no cost or obligation to you.
About Monteverde & Associates PC
We are a national class action securities and consumer litigation
law firm that has recovered millions of dollars for shareholders
and is committed to protecting investors and consumers from
corporate wrongdoing. Monteverde & Associates lawyers have
significant experience litigating Mergers & Acquisitions and
Securities Class Actions, whereby they protect investors by
recovering money and remedying corporate misconduct. Mr.
Monteverde, who leads the firm, has been recognized by Super
Lawyers as a Rising Star in Securities Litigation in 2013 and
2017-2019, an award given to less than 2.5% of attorneys in a
particular field. He has also been selected by Martindale-Hubbell
as a 2017-2020 Top Rated Lawyer. Our firm's recent successes
include changing the law in a significant victory that lowered the
standard of liability under Section 14(e) of the Exchange Act in
the Ninth Circuit. Thereafter, our firm successfully preserved this
victory by obtaining dismissal of a writ of certiorari as
improvidently granted at the United States Supreme Court. Emulex
Corp. v. Varjabedian, 139 S. Ct. 1407 (2019). Also, over the years
the firm has recovered or secured over a dozen cash common funds
for shareholders in mergers & acquisitions class action cases. [GN]
KELLY SERVICES: Fischer Suit Removed to S.D. California
-------------------------------------------------------
The case captioned as Yuri Fischer, an individual, on behalf of
himself and on behalf of all other persons similarly situated v.
KELLY SERVICES GLOBAL, LLC, a Limited Liability Company; and DOES 1
through 50, inclusive, Case No. 37-2023-00013916-CU-OE-CTL was
removed from the Superior Court of the State of California, County
of San Diego, to the United States District Court for the Southern
District of California on June 28, 2023, and assigned Case No.
3:23-cv-01197-JLS-JLB.
The Plaintiff premises his UCL claim on Kelly's alleged violations
of the California Labor Code and applicable Industrial Welfare
Commission Wage Orders. He claims that Kelly violated the Labor
Code by failing to: pay Plaintiff premium wages for missed or
shortened meal and/or rest periods; pay Plaintiff wages for all
hours worked; pay overtime and double time wages at the correct
rate by "failing to include nondiscretionary incentive compensation
into his regular rates of pay for purposes of computing the proper
overtime pay"; reimburse Plaintiff for all necessary business
expenditures; timely pay wages during employment; properly deduct
wages from paychecks; pay accrued vacation time at termination;
accurately calculate and pay sick leave; furnish accurate wage
statements; and provide suitable seating during the workday.[BN]
The Defendant is represented by:
Sarah A. Gilbert, Esq.
DUANE MORRIS LLP
750 B Street, Suite 2900
San Diego, CA 92101
Phone: (619) 744-2200
Facsimile: (619) 744-2201
Email: sagilbert@duanemorris.com
- and -
Shireen Y. Wetmore, Esq.
Nathan K. Norimoto, Esq.
DUANE MORRIS LLP
Spear Tower
One Market Place, Suite 2200
San Francisco, CA 94105-1127
Phone: (415) 957-3000
Facsimile: (415) 957-3001
Email: sywetmore@duanemorris.com
nnorimoto@duanemorris.com
- and -
Gerald L. Maatman, Esq.
Jennifer A. Riley, Esq.
Tyler Z. Zmick, Esq.
DUANE MORRIS LLP
190 S. LaSalle Street, Suite 3700
Chicago, IL 60603
Phone: (312) 499-6700
Facsimile: (312) 499-67
Email: gmaatman@duanemorris.com
jariley@duanemorris.com
tzzmick@duanemorris.com
KELLY SERVICES: Munoz Suit Removed to E.D. California
-----------------------------------------------------
The case captioned as Simon Munoz, on behalf of himself, all others
similarly situated, and on behalf of the general public v. RDO
EQUIPMENT CO.; and DOES 1-100, Case No. CV-23-002243 was removed
from the Superior Court of the State of California for the County
of Stanislaus, to the United States District Court for the Eastern
District of California on June 29, 2023, and assigned Case No.
1:23-cv-00979-ADA-HBK.
On May 30, 2023, Plaintiff filed the operative First Amended Class
Action Complaint ("FAC"). The operative FAC asserts nine causes of
action based on alleged violations of several California Labor Code
wage and hour laws, namely: failure to pay straight time wages,
failure to pay overtime wages, failure to provide meal periods,
failure to authorize and permit rest periods, failure to adopt a
compliant sick pay/paid time off policy, failure to comply with
itemized employee wage statement provisions, failure to pay all
wages due at termination of employment, failure to reimburse, and
violation of unfair competition law (unfair competition premised on
the aforementioned alleged Labor Code violations).[BN]
The Defendant is represented by:
David H. Stern, Esq.
Alex E. Spjute, Esq.
Jennifer F. Delarosa, Esq.
BAKER & HOSTETLER LLP
11601 Wilshire Boulevard, Suite 1400
Los Angeles, CA 90025-0509
Phone: 310.820.8800
Facsimile: 310.820.8859
Email: dstern@bakerlaw.com
aspjute@bakerlaw.com
jdelarosa@bakerlaw.com
KELLY SERVICES: Rum Suit Removed to C.D. California
---------------------------------------------------
The case captioned as Jacqui Rum, on behalf of herself and all
others similarly situated v. HCA HEALTHCARE, INC., a Delaware
Corporation; HEALTHTRUST WORKFORCE SOLUTIONS, LLC, a Tennessee
Limited Liability Company; LOS ROBLES REGIONAL MEDICAL CENTER, a
California Corporation; and DOES 1 through 100, inclusive, Case No.
2023CUOE007969 was removed from the Superior Court of the State of
California for the County of Stanislaus, to the United States
District Court for the Central District of California on June 28,
2023, and assigned Case No. 2:23-cv-05142.
On April 19, 2023, Plaintiff filed a civil complaint against
Defendants in the Ventura County Superior Court. The Complaint
asserted claims for failure to indemnify necessary expenditures;
failure to provide meal periods; failure to provide rest periods;
failure to pay all wages due at separation; failure to provide
accurate wage statements; and violation of the unfair competition
law. On May 10, 2023, Plaintiff filed a First Amended Complaint
("FAC") against Defendants, asserting claims for failure to
indemnify necessary expenditures; failure to provide meal periods;
failure to provide rest periods; failure to pay all wages due at
separation; failure to provide accurate wage statements; violation
of the unfair competition law; and violation of the Fair Labor
Standards Act ("FLSA").[BN]
The Defendant is represented by:
Richard J. Simmons, Esq.
Jason W. Kearnaghan, Esq.
Hilary A. Habib, Esq.
Ian A. Michalak, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
333 South Hope Street, 43rd Floor
Los Angeles, CA 90071-1422
Phone: 213-620-1780
Facsimile: 213-620-1398
Email: rsimmons@sheppardmullin.com
jkearnaghan@sheppardmullin.com
hhabib@sheppardmullin.com
imichalak@sheppardmullin.com
- and -
Melanie M. Hamilton, Esq.
650 Town Center Drive, 10th Floor
Costa Mesa, CA 92626
Phone: 714-513-5100
Facsimile: 714-513-5130
Email: mhamilton@sheppardmullin.com
KMDG LLC: Fails to Pay Overtime Premiums, Diaz Suit Claims
----------------------------------------------------------
FRANCISCO DIAZ, individually and on behalf of all those similarly
situated, Plaintiff v. KMDG LLC, d/b/a Branded Steer, and DENNIS
GIANNOPOULOS, Defendant, Case No. 2:23-cv-00858 (W.D. Wis., June
27, 2023) arises out of the Defendants' violations of the Fair
Labor Standards Act and the Wisconsin wage and hour law.
The Plaintiff worked for Defendants at times since March 28, 2020.
Allegedly, the Defendants maintained a common practice and policy
of not paying overtime premium compensation to its chefs, cooks,
prep cooks, bussers, and/or dishwashers, says the Plaintiff.
KMDG LLC operates a restaurant named Branded Steer located at 1299
W. College Avenue, in Milwaukee, Wisconsin. [BN]
The Plaintiff is represented by:
Larry A. Johnson, Esq.
Martha L. Burke, Esq.
HAWKS QUINDEL, S.C.
5150 North Port Washington Road, Suite 243
Milwaukee, WI 53217
Telephone: (414) 271-8650
Facsimile: (414) 207-6079
E-mail: ljohnson@hq-law.com
mburke@hq-law.com
MANAGED CARE: Collins Files Suit in S.D. Florida
------------------------------------------------
A class action lawsuit has been filed against Managed Care of North
America, Inc., et al. The case is styled as Christina Collins,
individually and behalf of all others similarly situated v. Managed
Care of North America, Inc. doing business as: MCNA DENTAL, Case
No. 0:23-cv-61226-AMC (S.D. Fla., June 27, 2023).
The nature of suit is stated as Other Personal Property.
Managed Care of North America, Inc. doing business as MCNA Dental
-- https://www.mcna.net/ -- is the largest dental insurer in the
nation for government sponsored Medicaid and CHIP programs.[BN]
The Plaintiff is represented by:
Joseph Howard Kanee, Esq.
MARCUS ZELMAN LLC
701 Brickell Ave, Suite 1550
Miami, FL 33131
Phone: (786) 369-1122
Email: joseph@marcuszelman.com
MASSACHUSETTS: Bid to Certify Class Withdrawn w/o Prejudice
-----------------------------------------------------------
In the class action lawsuit captioned as Brian Dalton and New
England Firearms Academy, Inc., on behalf of themselves and a class
of similarly situated persons, v. Yvonne Hao, in her official
capacity as Secretary of Economic Development; Massachusetts Growth
Capital Corporation; and Lawrence D. Andrews, in his official
capacity as President and CEO of Massachusetts Growth Capital
Corporation, Case No. 1:23-cv-11216 (D. Mass., Filed May 31, 2023),
the Hon. Judge William G Young entered an order that the following
motions are withdrawn without prejudice per stipulation to be
refiled upon lifting of stay:
-- Motion to Certify Class;
-- Motion for Preliminary Injunction; and
-- Motion for Temporary Restraining Order (TRO).
The suit alleges violation of the Civil Rights Act.
Brian Dalton is one of the many small business owners in the
Commonwealth of Massachusetts working hard to get past the
devastating impact of the COVID-19 pandemic and the ensuing
government orders that shuttered the state.
The Commonwealth is allegedly denying Mr. Dalton his fair
opportunity at recovery because of his race, sex, and sexual
orientation. It introduced the Inclusive Recovery Grant Program to
assist small businesses in their ongoing recovery with grants of up
to $75,000.
Massachusetts, officially the Commonwealth of Massachusetts, is a
state in the Northeast of the United States of America.[CC]
MDL 2262: Discovery in Cicchini v. JPMorgan BoA Due April 4, 2024
-----------------------------------------------------------------
In the class action lawsuit captioned as Cicchini Enterprises, Inc.
v. JPMorgan Chase & Co., et al., Case No. 1:15-cv-04810 (S.D.N.Y.,
Filed June 25, 2015), the Hon. Judge Naomi Reice Buchwald entered a
scheduling order as follows:
-- Deadline for substantial completion Sept. 7,
2023
of Defendants rolling production of
all document discovery relating to the
Upstream Issues and class certification
in the OTC action:
-- Close of fact discovery (including April 4,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Close of expert discovery (including Sept. 13,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Deadline to file summary judgment motions Oct. 4, 2024
on the Upstream Issues, Deadline for
Plaintiffs to file motion to certify the
OTC class with respect to the Foreign
Defendants, Deadline to file motions to
exclude experts concerning the Upstream
Issues and OTC class certification:
-- Deadline for service of privilege logs, Oct. 10,
2023
if any, concerning the Upstream Issues and
class certification in the OTC action:
-- Deadline to serve Hague requests to obtain Oct. 23,
2023
testimony abroad concerning the Upstream
Issues or class certification in the OTC
Action:
-- Deadline for parties to propound Jan. 19,
2024
interrogatories and RFAs concerning the
Upstream Issues or class certification in
The OTC action:
-- Deadline to notice fact depositions Feb. 2, 2024
concerning the Upstream Issues or class
certification in the OTC action:
-- Close of fact discovery (including Feb. 4, 2024
depositions) concerning the Upstream
Issues and class certification in the
OTC action:
-- Deadline for parties to serve April 19,
2024
opening expert reports concerning
the Upstream Issues and OTC class
certification:
-- Deadline for parties to serve rebuttal June 18, 2024
Expert reports concerning the Upstream
Issues and OTC class certification:
The suit alleges violation of the Securities Exchange Act and
Racketeering (RICO) Act.
The Cicchini Asbestos case is consolidated in Libor-Based Financial
Instruments Antitrust Litigation MDL No. 2262.
The Plaintiffs argue that their actions involve a primarily local
transaction between an Ohio business and its local bank, and that
the action does not involve any antitrust claims. These arguments
are unconvincing. A review of the Cicchini Enterprises complaint
demonstrates that the action shares multiple issues with actions
already in the MDL concerning alleged manipulation of the London
Interbank Offered Rate (Libor), the Court says.
The Bank of America Corporation is an American multinational
investment bank and financial services holding company
headquartered at the Bank of America Corporate Center in Charlotte,
North Carolina, with investment banking and auxiliary headquarters
in Manhattan.
A copy of the Court's order dated June 21, 2023 is available from
PacerMonitor.com at https://bit.ly/44c8V6n at no extra charge.[CC]
MDL 2262: Discovery in Federal Deposit v. BoA Due April 4, 2024
---------------------------------------------------------------
In the class action lawsuit captioned as Federal Deposit Insurance
Corporation, et al., v. Bank of America Corporation et al., Case
No. 1:14-cv-01757 (S.D.N.Y., Filed March 14, 2014), the Hon. Judge
Naomi Reice Buchwald entered a scheduling order as follows:
-- Deadline for substantial completion Sept. 7,
2023
of Defendants rolling production of
all document discovery relating to the
Upstream Issues and class certification
in the OTC action:
-- Close of fact discovery (including April 4,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Close of expert discovery (including Sept. 13,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Deadline to file summary judgment motions Oct. 4, 2024
on the Upstream Issues, Deadline for
Plaintiffs to file motion to certify the
OTC class with respect to the Foreign
Defendants, Deadline to file motions to
exclude experts concerning the Upstream
Issues and OTC class certification:
-- Deadline for service of privilege logs, Oct. 10,
2023
if any, concerning the Upstream Issues and
class certification in the OTC action:
-- Deadline to serve Hague requests to obtain Oct. 23,
2023
testimony abroad concerning the Upstream
Issues or class certification in the OTC
Action:
-- Deadline for parties to propound Jan. 19,
2024
interrogatories and RFAs concerning the
Upstream Issues or class certification in
The OTC action:
-- Deadline to notice fact depositions Feb. 2, 2024
concerning the Upstream Issues or class
certification in the OTC action:
-- Close of fact discovery (including Feb. 4, 2024
depositions) concerning the Upstream
Issues and class certification in the
OTC action:
-- Deadline for parties to serve April 19,
2024
opening expert reports concerning
the Upstream Issues and OTC class
certification:
-- Deadline for parties to serve rebuttal June 18, 2024
Expert reports concerning the Upstream
Issues and OTC class certification:
The suit alleges violation of the Securities Exchange Act and
Racketeering (RICO) Act.
The Federal Deposit case is consolidated in Libor-Based Financial
Instruments Antitrust Litigation MDL No. 2262.
The Plaintiffs argue that their actions involve a primarily local
transaction between an Ohio business and its local bank, and that
the action does not involve any antitrust claims. These arguments
are unconvincing. A review of the Cicchini Enterprises complaint
demonstrates that the action shares multiple issues with actions
already in the MDL concerning alleged manipulation of the London
Interbank Offered Rate (Libor), the Court says.
The Bank of America Corporation is an American multinational
investment bank and financial services holding company
headquartered at the Bank of America Corporate Center in Charlotte,
North Carolina, with investment banking and auxiliary headquarters
in Manhattan.
A copy of the Court's order dated June 21, 2023 is available from
PacerMonitor.com at https://bit.ly/43Y96lH at no extra charge.[CC]
MDL 2262: Discovery in Lieberman v. Credit Suisse Due April 4, 2024
-------------------------------------------------------------------
In the class action lawsuit captioned as Lieberman v. Credit Suisse
Group AG, et al., Case No. 1:12-cv-06056 (S.D.N.Y., Filed Aug. 8,
2012), the Hon. Judge Naomi Reice Buchwald entered a scheduling
order as follows:
-- Deadline for substantial completion Sept. 7,
2023
of Defendants rolling production of
all document discovery relating to the
Upstream Issues and class certification
in the OTC action:
-- Close of fact discovery (including April 4,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Close of expert discovery (including Sept. 13,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Deadline to file summary judgment motions Oct. 4, 2024
on the Upstream Issues, Deadline for
Plaintiffs to file motion to certify the
OTC class with respect to the Foreign
Defendants, Deadline to file motions to
exclude experts concerning the Upstream
Issues and OTC class certification:
-- Deadline for service of privilege logs, Oct. 10,
2023
if any, concerning the Upstream Issues and
class certification in the OTC action:
-- Deadline to serve Hague requests to obtain Oct. 23,
2023
testimony abroad concerning the Upstream
Issues or class certification in the OTC
Action:
-- Deadline for parties to propound Jan. 19,
2024
interrogatories and RFAs concerning the
Upstream Issues or class certification in
The OTC action:
-- Deadline to notice fact depositions Feb. 2, 2024
concerning the Upstream Issues or class
certification in the OTC action:
-- Close of fact discovery (including Feb. 4, 2024
depositions) concerning the Upstream
Issues and class certification in the
OTC action:
-- Deadline for parties to serve April 19,
2024
opening expert reports concerning
the Upstream Issues and OTC class
certification:
-- Deadline for parties to serve rebuttal June 18, 2024
Expert reports concerning the Upstream
Issues and OTC class certification:
The suit alleges violation of the Securities Exchange Act and
Racketeering (RICO) Act.
The Lieberman case is consolidated in Libor-Based Financial
Instruments Antitrust Litigation MDL No. 2262.
The Plaintiffs argue that their actions involve a primarily local
transaction between an Ohio business and its local bank, and that
the action does not involve any antitrust claims. These arguments
are unconvincing. A review of the Cicchini Enterprises complaint
demonstrates that the action shares multiple issues with actions
already in the MDL concerning alleged manipulation of the London
Interbank Offered Rate (Libor), the Court says.
The Bank of America Corporation is an American multinational
investment bank and financial services holding company
headquartered at the Bank of America Corporate Center in Charlotte,
North Carolina, with investment banking and auxiliary headquarters
in Manhattan.
A copy of the Court's order dated June 21, 2023 is available from
PacerMonitor.com at https://bit.ly/3puXNm4 at no extra charge.[CC]
MDL 2262: Discovery in National Asbestos v. BoA Due April 4, 2024
-----------------------------------------------------------------
In the class action lawsuit captioned as National Asbestos Workers
Pension Fund, et al., v. Bank of America Corporation et al., Case
No. 1:15-cv-01334 (S.D.N.Y., Filed Feb. 24, 2015), the Hon. Judge
Naomi Reice Buchwald entered a scheduling order as follows:
-- Deadline for substantial completion Sept. 7,
2023
of Defendants rolling production of
all document discovery relating to the
Upstream Issues and class certification
in the OTC action:
-- Close of fact discovery (including April 4,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Close of expert discovery (including Sept. 13,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Deadline to file summary judgment motions Oct. 4, 2024
on the Upstream Issues, Deadline for
Plaintiffs to file motion to certify the
OTC class with respect to the Foreign
Defendants, Deadline to file motions to
exclude experts concerning the Upstream
Issues and OTC class certification:
-- Deadline for service of privilege logs, Oct. 10,
2023
if any, concerning the Upstream Issues and
class certification in the OTC action:
-- Deadline to serve Hague requests to obtain Oct. 23,
2023
testimony abroad concerning the Upstream
Issues or class certification in the OTC
Action:
-- Deadline for parties to propound Jan. 19,
2024
interrogatories and RFAs concerning the
Upstream Issues or class certification in
The OTC action:
-- Deadline to notice fact depositions Feb. 2, 2024
concerning the Upstream Issues or class
certification in the OTC action:
-- Close of fact discovery (including Feb. 4, 2024
depositions) concerning the Upstream
Issues and class certification in the
OTC action:
-- Deadline for parties to serve April 19,
2024
opening expert reports concerning
the Upstream Issues and OTC class
certification:
-- Deadline for parties to serve rebuttal June 18, 2024
Expert reports concerning the Upstream
Issues and OTC class certification:
The suit alleges violation of the Securities Exchange Act and
Racketeering (RICO) Act.
The National Asbestos case is consolidated in Libor-Based Financial
Instruments Antitrust Litigation MDL No. 2262.
The Plaintiffs argue that their actions involve a primarily local
transaction between an Ohio business and its local bank, and that
the action does not involve any antitrust claims. These arguments
are unconvincing. A review of the Cicchini Enterprises complaint
demonstrates that the action shares multiple issues with actions
already in the MDL concerning alleged manipulation of the London
Interbank Offered Rate (Libor), the Court says.
The Bank of America Corporation is an American multinational
investment bank and financial services holding company
headquartered at the Bank of America Corporate Center in Charlotte,
North Carolina, with investment banking and auxiliary headquarters
in Manhattan.
A copy of the Court's order dated June 21, 2023 is available from
PacerMonitor.com at https://bit.ly/44lWZi2 at no extra charge.[CC]
MDL 2262: Fact Discovery in Bay Area v. BoA Due April 4, 2024
-------------------------------------------------------------
In the class action lawsuit captioned as Bay Area Toll Authority v.
Bank of America Corporation et al., Case No. 1:14-cv-03094
(S.D.N.Y., Filed May 1, 2014), the Hon. Judge Naomi Reice Buchwald
entered a scheduling order as follows:
-- Deadline for substantial completion Sept. 7,
2023
of Defendants rolling production of
all document discovery relating to the
Upstream Issues and class certification
in the OTC action:
-- Close of fact discovery (including April 4,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Close of expert discovery (including Sept. 13,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Deadline to file summary judgment motions Oct. 4, 2024
on the Upstream Issues, Deadline for
Plaintiffs to file motion to certify the
OTC class with respect to the Foreign
Defendants, Deadline to file motions to
exclude experts concerning the Upstream
Issues and OTC class certification:
-- Deadline for service of privilege logs, Oct. 10,
2023
if any, concerning the Upstream Issues and
class certification in the OTC action:
-- Deadline to serve Hague requests to obtain Oct. 23,
2023
testimony abroad concerning the Upstream
Issues or class certification in the OTC
Action:
-- Deadline for parties to propound Jan. 19,
2024
interrogatories and RFAs concerning the
Upstream Issues or class certification in
The OTC action:
-- Deadline to notice fact depositions Feb. 2, 2024
concerning the Upstream Issues or class
certification in the OTC action:
-- Close of fact discovery (including Feb. 4, 2024
depositions) concerning the Upstream
Issues and class certification in the
OTC action:
-- Deadline for parties to serve April 19,
2024
opening expert reports concerning
the Upstream Issues and OTC class
certification:
-- Deadline for parties to serve rebuttal June 18, 2024
Expert reports concerning the Upstream
Issues and OTC class certification:
The suit alleges violation of the Securities Exchange Act and
Racketeering (RICO) Act.
The Bay Area case is consolidated in Libor-Based Financial
Instruments Antitrust Litigation MDL No. 2262.
The Plaintiffs argue that their actions involve a primarily local
transaction between an Ohio business and its local bank, and that
the action does not involve any antitrust claims. These arguments
are unconvincing. A review of the Cicchini Enterprises complaint
demonstrates that the action shares multiple issues with actions
already in the MDL concerning alleged manipulation of the London
Interbank Offered Rate (Libor), the Court says.
The Bank of America Corporation is an American multinational
investment bank and financial services holding company
headquartered at the Bank of America Corporate Center in Charlotte,
North Carolina, with investment banking and auxiliary headquarters
in Manhattan.
A copy of the Court's order dated June 21, 2023 is available from
PacerMonitor.com at https://bit.ly/3rg8IQT at no extra charge.[CC]
MDL 2262: Fact Discovery in Payne v. BoA Due April 4, 2024
----------------------------------------------------------
In the class action lawsuit captioned as Payne, et al., v. Bank of
America Corporation et al., Case No. 1:13-cv-00598 (S.D.N.Y., Filed
Jan. 28, 2013), the Hon. Judge Naomi Reice Buchwald entered a
scheduling order as follows:
-- Deadline for substantial completion Sept. 7,
2023
of Defendants rolling production of
all document discovery relating to the
Upstream Issues and class certification
in the OTC action:
-- Close of fact discovery (including April 4,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Close of expert discovery (including Sept. 13,
2024
depositions) concerning the Upstream Issues
and class certification in the OTC action:
-- Deadline to file summary judgment motions Oct. 4, 2024
on the Upstream Issues, Deadline for
Plaintiffs to file motion to certify the
OTC class with respect to the Foreign
Defendants, Deadline to file motions to
exclude experts concerning the Upstream
Issues and OTC class certification:
-- Deadline for service of privilege logs, Oct. 10,
2023
if any, concerning the Upstream Issues and
class certification in the OTC action:
-- Deadline to serve Hague requests to obtain Oct. 23,
2023
testimony abroad concerning the Upstream
Issues or class certification in the OTC
Action:
-- Deadline for parties to propound Jan. 19,
2024
interrogatories and RFAs concerning the
Upstream Issues or class certification in
The OTC action:
-- Deadline to notice fact depositions Feb. 2, 2024
concerning the Upstream Issues or class
certification in the OTC action:
-- Close of fact discovery (including Feb. 4, 2024
depositions) concerning the Upstream
Issues and class certification in the
OTC action:
-- Deadline for parties to serve April 19,
2024
opening expert reports concerning
the Upstream Issues and OTC class
certification:
-- Deadline for parties to serve rebuttal June 18, 2024
Expert reports concerning the Upstream
Issues and OTC class certification:
The suit alleges violation of the Securities Exchange Act and
Racketeering (RICO) Act.
The Payne case is consolidated in Libor-Based Financial Instruments
Antitrust Litigation MDL No. 2262.
The Plaintiffs argue that their actions involve a primarily local
transaction between an Ohio business and its local bank, and that
the action does not involve any antitrust claims. These arguments
are unconvincing. A review of the Cicchini Enterprises complaint
demonstrates that the action shares multiple issues with actions
already in the MDL concerning alleged manipulation of the London
Interbank Offered Rate (Libor), the Court says.
The Bank of America Corporation is an American multinational
investment bank and financial services holding company
headquartered at the Bank of America Corporate Center in Charlotte,
North Carolina, with investment banking and auxiliary headquarters
in Manhattan.
A copy of the Court's order dated June 21, 2023 is available from
PacerMonitor.com at https://bit.ly/439dgpJ at no extra charge.[CC]
MDL 2816: Yerkey Suit Transferred to M.D. Pa.
---------------------------------------------
In the multi0district action captioned "In Re: Sorin 3T
Heater-Cooler System Products Liability Litigation (No. II)," MDL
No. 2816, Chairperson Karen K. Caldwell of the U.S. Judicial Panel
on Multidistrict Litigation, has entered an order transferring the
case docketed as "Yerkey, et al. v. Sorin Group Deutschland GmbH,
et al.," (C.A. No. 1:23-00532) from the U.S. District Court for
the Northern District of Ohio to the U.S. District Court for the
Middle District of Pennsylvania and, with the consent of that
court, assigned to Christopher C. Conner for inclusion in the
coordinated or consolidated pretrial proceedings.
Yerkey claims that that LivaNova's Sorin 3T heatercooler system
contains defects that leave the device susceptible to bacterial
colonization, resulting in some patients' exposure to
nontuberculous mycobacterium (NTM) during surgery. He claims that
he developed a nontuberculous mycobacteria infection after the use
of a Sorin 3T heater-cooler unit during surgery.
Yerkey, thus, shares questions of fact with the actions already in
the MDL. Indeed, it previously was pending in the transferee court
before it was remanded to state court and then removed a second
time, notes the panel.
Yerkey argues that the panel should allow the Northern District of
Ohio to rule on their pending motion for remand to state court.
However, the panel has held that such jurisdictional objections
generally do not present an impediment to transfer and that
transfer will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation since
no party disputes the above mentioned facts.
A full-text copy of the court's June 2, 2023 Transfer Order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2816-Transfer_Order-5-23.pdf
MDL 2873: Panel Denies Transfer of Aqua North Suit to D.S.C.
------------------------------------------------------------
In product liability litigation captioned "In Re: Aqueous
Film-Forming Foams Products Liability Litigation," MDL N0. 2873,
Chairperson Karen K. Caldwell of the U.S. Judicial Panel on
Multidistrict Litigation denied the move by defendants E.I. du Pont
de Nemours and Company, The Chemours Company and The Chemours
Company FC, LLC, to transfer the case captioned "Aqua North
Carolina, Inc. v. Dowdupont, Inc., et al.," (C.A. No. 7:23−00016,
E.D. N.C.) to the District of South Carolina for inclusion in MDL
No. 2873.
MDL No. 2873 involves allegations that aqueous film-forming foams
(AFFFs) used at airports, military bases, or other locations to
extinguish liquid fuel fires caused the release of perfluorooctane
sulfonate (PFOS) and/or perfluorooctanoic acid (PFOA) collectively,
these and other per- or polyfluoroalkyl substances are referred to
as PFAS, into local groundwater and contaminated drinking water
supplies.
In support of its motion to transfer, defendants argue that Aqua
North Carolina, in fact, is an "AFFF action." More specifically,
defendants contend that plaintiff's claims are duplicative of those
in a separate action brought by plaintiff in the MDL that
explicitly seeks compensation for contamination caused by PFAS in
AFFF products. Defendants further argue that other cases pending in
the MDL relating to potential AFFF contamination sites in North
Carolina demonstrate that AFFF issues will pervade this litigation
regardless of plaintiff's attempt to cabin its complaint to
discharges from the Fayetteville Works. Defendants argue that AFFF
is a potential source of the PFAS contamination alleged in the
plaintiff's complaint and, therefore, Aqua North Carolina will
involve factual questions relating to PFAS and AFFF that are shared
by the actions pending in MDL No. 2873.
However, defendants have not met the "significant burden" of
showing that transfer of Aqua North Carolina is appropriate.
Plaintiff's complaint is focused on the operations at defendants'
Fayetteville Works facility and, primarily, on the discharge of
"GenX," a PFAS compound not used in AFFF products. Plaintiff's
maintenance of separate AFFF and non-AFFF actions here is clearly
untenable and the complaint here involves a single non-AFFF source
of PFAS, which is not at issue in plaintiff’s separate AFFF
complaint. The mere potential for co-mingling of PFAS from AFFF and
non-AFFF sources, standing alone, is not sufficient for transfer,
rules the panel.
Although the possibility that discovery and pleading practice could
demonstrate that an ostensibly non-AFFF action is, in fact, more
properly treated as an AFFF case for which transfer to MDL No. 2873
is warranted, based upon consideration of the pleadings and the
record, it must appear that AFFF claims are substantial and
concrete, and that transfer to the MDL will enhance efficiency and
convenience, both in the individual action and in the MDL overall.
Should Aqua North Carolina evolve into a more obvious AFFF action,
the parties or the court at that time can re-notice Aqua North
Carolina as a potential tag-along in MDL No. 2873. Any overlap
between Aqua North Carolina and the actions pending in the MDL,
however, remains too uncertain to support transfer, the panel
adds.
A full-text copy of the court's June 5, 2023 order is available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2873-Order_Denying_Transfer-5-23.pdf
MDL 2873: Three Suits Transferred to D.S.C.
-------------------------------------------
In the product liability litigation captioned "In Re: Aqueous
Film-Forming Foams Products Liability Litigation," MDL No. 2873,
Chairperson Karen K. Caldwell of the U.S. Judicial Panel on
Multidistrict Litigation transfers two cases from the U.S. District
Court for the Central District of California and one from the
Northern District of Illinois, all to the District of South
Carolina for inclusion in MDL No. 2873 and assigning them to Judge
Richard M. Gergel for coordinated or consolidated pretrial
proceedings.
3M Company moved to transfer these three actions to the District of
South Carolina for inclusion in MDL No. 2873.
Because an MDL that incorporated all actions involving PFOA or PFOS
would raise management concerns due to its breadth, the panel has
limited the MDL to actions that involve claims relating
specifically to AFFFs. For this reason, parties seeking to transfer
an action that does not on its face raise AFFF claims bear a
significant burden to prove that transfer is appropriate.
Accordingly, after considering the argument of counsel, the panel
finds that these actions involve common questions of fact with the
actions transferred to MDL No. 2873, and that transfer will serve
the convenience of the parties and witnesses and promote the just
and efficient conduct of the litigation.
The District of South Carolina is an appropriate forum for actions
in which plaintiffs allege that AFFF products used at airports,
military bases, or certain industrial locations caused the release
of PFOS and/or PFOA into local groundwater and contaminated
drinking water supplies. The actions in the MDL share factual
questions concerning the use and storage of AFFFs; the toxicity of
PFAS and the effects of these substances on human health and these
substances' chemical properties and propensity to migrate in
groundwater supplies, notes the panel.
A full-text copy of the court's June 5, 2023 order is available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2873-Transfer_Order-5-23.pdf
MDL 2915: Transfer of Aguirre Suit to Data Breach Litigation Denied
-------------------------------------------------------------------
Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on
Multidistrict Litigation, denied a motion to transfer the case
captioned "Aguirre, et al. v. Capital One Bank USA N.A., et al.,"
(C.A. No. 8:23−00128, C.D. Cal." to the multi-district action
captioned "In re: Capital One Consumer Data Security Breach
Litigation," MDL No. 2915.
The MDL arises out of a data security incident in which an
individual gained unauthorized access to the personal information,
maintained on cloud-based systems, of more than 100 million Capital
One credit card customers and individuals who applied for Capital
One credit card products. On September 13, 2022, after a hearing,
the court granted final approval of a class-wide settlement of the
claims in MDL No. 2915, and subsequently closed the docket. Aguirre
is an opt-out claimant whose personal information was allegedly
compromised in the Capital One data breach and, as a result,
information has been disclosed to unauthorized third parties who
intend to fraudulently use said information. The action, thus,
shares common factual and legal issues with the actions in MDL No.
2915.
However, the panel has determined that MDL No. 2915 has reached the
point where the benefits are outweighed by the effects of
transferring new cases to this mature litigation and concluded that
inclusion of this action and any future actions in MDL No. 2915 is
no longer necessary to achieve the just and efficient conduct of
the litigation. The relative merits of transferring new tag-along
actions to an MDL can change over time as the transferee court
completes its primary tasks, and at a certain point the "benefits
of transfer should not be assumed to continue." Here, the
class-wide litigation has been resolved by settlement, thus these
opt-out claims can be more efficiently resolved in their home
court, rules the panel.
A full-text copy of the court's June 5, 2023 order is available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-2915-Order_Denying_Transfer-5-23.pdf
MEDIBANK PRIVATE: Told to Set Aside $167-Mil. After Data Breach
---------------------------------------------------------------
Renju Jose and Sameer Manekar, writing for Reuters, report that
Australia's banking regulator told insurer Medibank (MPL.AX) on
June 27 it would have to set aside A$250 million ($167 million) in
extra capital, citing weaknesses identified in its information
security after a major hacking breach.
Shares of the country's biggest health insurer fell as much as 4.6%
to mark their worst intraday drop since late October last year.
They were last trading at their lowest level since May 3.
Medibank last year disclosed that a hacker stole the personal
information of 9.7 million current and former customers and
released the data on the dark web in one of Australia's biggest
data thefts.
At least three separate class action suits have been filed against
the company in Australian courts on behalf of affected customers.
The Australian Prudential and Regulation Authority (APRA) said the
capital adjustment would be effective from July 1 and remain in
place until an agreed remediation programme is completed by
Medibank to the regulator's satisfaction.
"In taking this action, APRA seeks to ensure that Medibank
expedites its remediation programme," said Suzanne Smith, an APRA
executive board member.
In a statement, Medibank said it had sufficient existing funds to
meet the capital adjustment and would continue to work with APRA on
remediation measures.
Citigroup analyst Nigel Pittaway said Medibank had enough funds to
"relatively easily deal" with the impost.
"We already expected capital returns would be unlikely in this
environment given the focus after the cyberattack," he said.
"APRA's imposition of an increase in Medibank's capital adequacy
requirement . . . confirms that, aside from its ordinary dividend,
Medibank will be unable to return capital to shareholders in the
near term."
Although Medibank has already addressed the specific control
weaknesses that permitted unauthorised access to its systems, it
still has more work to do across a number of areas to boost its
security environment and data management, APRA said.
The regulator's action is likely to "raise concerns about further
potential cyberattack related impacts" on Medibank, Pittaway said.
APRA will also conduct a targeted technology review of Medibank,
with a focus on governance and risk culture.
Australia has seen a rise in cyber intrusions since late last year,
prompting the government in February to reform security rules and
set up an agency to oversee government investment and help
coordinate responses to hacker attacks.
The federal government named a senior air force commander as its
first cybersecurity boss. [GN]
MERCY HEALTH: Faces Class Action Over Data Breach
-------------------------------------------------
Clark Kauffman, writing for Iowa Capital Dispatch, reports that an
Iowa hospital network is facing a pair of potential class-action
lawsuits over a cyberattack that allegedly resulted in hackers
gaining access to personal information on more than 20,000 eastern
Iowa patients.
Lawyers for Tiffany Harris of Clinton are suing Mercy Health
Network, also known as MercyOne Clinics, for negligence, breach of
implied contract and unjust enrichment. The lawsuit seeks
unspecified damages and a court injunction that would help ensure
patient information is kept confidential and protected from any
future hacks.
The lawsuits stem from an incident earlier this year that prompted
Mercy Health Network to publish a notice in May stating that
portions of its network "were accessed by an unknown and
unauthorized party between March 7, 2023 and April 4, 2023." Mercy
said the attack was "limited to its clinics in the Clinton, Iowa,
area."
The notice said that on May 23, 2023, Mercy determined individuals'
"information may have been impacted" by the incident, and it went
on to say the types of information might include people's name,
address, date of birth, driver's license number, Social Security
number, financial account information, treatment and condition
information, diagnostic information, prescription-medicine
information, billing information and other data.
The lawsuit alleges that despite Mercy's duty to secure and
safeguard personal information, the network had "stored this
private information on a database that was negligently and/or
recklessly configured." Mercy, the lawsuit claims, failed to
adequately encrypt the information and, "foreseeably,
cybercriminals exploited these vulnerabilities."
The hack has created a risk of identity theft risk for the affected
patients and that risk "will remain for their respective
lifetimes," the lawsuit alleges.
Harris is a MercyOne-Clinton patient and has sought medical care
from the hospital "in several instances," but is very careful about
sharing her personal information, according to the lawsuit. The
data breach has allegedly caused Harris to experience "stress, fear
and anxiety" while spending a significant amount of time monitoring
her financial accounts and credit reports to ensure no fraudulent
activity has occurred.
In seeking class-action status so that others may join Harris as
plaintiffs in the case, attorney Jeffrey C. O'Brien of the
Minneapolis law firm Chestnut Cambronne alleges that "there are
certainly tens of thousands, and probably at least more than 20,865
individuals whose private information was improperly accessed in
the data breach."
A similar lawsuit was filed by West Des Moines attorney J. Barton
Goplerud on behalf of plaintiff Jennifer Medenblik of Illinois.
That lawsuit, which also names MercyOne's parent, Trinity Health
Corp., as a defendant, alleges violations of the Health Insurance
Portability and Accountability Act and a failure to protect
sensitive data according to Federal Trade Commission guidelines.
Mercy Health Network is an integrated system of hospitals, clinics
and other health care providers with more than 2,000 physicians and
advanced-practice clinicians working in 18 medical centers. It is
run by Trinity Health Corp., one of the largest not-for-profit,
faith-based health care systems in America. Trinity has 123,000
employees, and nearly 27,000 physicians and clinicians, working in
26 states.
Mercy Health Network has yet to file a response to either of the
lawsuits, and a spokesperson declined to comment on the
litigation.
Last fall, a business partner of the Mercy Health Network called
CommonSpirit Health announced that it had "experienced a ransomware
event that impacted some personal information" belonging to some
unspecified number of individuals.
The information included names, addresses, dates of birth, phone
numbers, email address, diagnosis and treatment information and
medical billing information. CommonSpirit Health indicated that
"for a small number of individuals," Social Security numbers were
also involved. [GN]
MURAD LLC: Filing for Class Cert. Bids Due March 15, 2024
---------------------------------------------------------
In the class action lawsuit captioned as Jessica DeCoursey, et al.
v. Murad, LLC, Case No. 3:22-cv-00353-AMN-ML (N.D.N.Y.), the Hon.
Judge Miroslav Lovric entered a uniform pretrial scheduling order
-- Any motion to join any person as a party Aug. 11, 2023
to this action shall be made on or before:
-- Any motion to amend any pleading in the Aug. 11, 2023
action shall be made on or before:
-- The parties are directed to file a status Aug. 29, 2023
report on or before:
-- Rule 26(a)(1) Mandatory Disclosures are June 8, 2023.
to be exchanged by:
-- Initial Written Discovery Demands must July 14, 2023
be served by:
-- All discovery in this matter is to be Feb. 12, 2024
completed on or before:
-- Class certification motions are to be March 15,
2024
filed on or before:
Murad manufactures skin care products, including cleansers, toners,
hydration and skin protection products, dietary supplements, and
sunscreens.
A copy of the Court's order dated June 15, 2023, is available from
PacerMonitor.com at https://bit.ly/3NqfBXy at no extra charge.[CC]
NATIONSBENEFITS HOLDINGS: Faces Class Suit Over Data Breach
-----------------------------------------------------------
Schubert Jonckheer & Kolbe LLP on June 27 launched an investigation
into NationsBenefits Holdings, LLC concerning a data breach that
occurred around January 30, 2023. NationsBenefits provides
administrative services to several health insurers, including Aetna
Inc. Over 3 million subscribers' sensitive and private information
may have been stolen in the cyberattack.
NationsBenefits recently disclosed this cybersecurity incident
which resulted in the unauthorized access of individuals' personal
information, including names, addresses, telephone numbers, dates
of birth, and health plan subscriber identification numbers.
According to NationsBenefits, on February 7, 2023, it learned that
its third-party data vendor Fortra, LLC had been attacked by
cybercriminals. In April 2023, NationsBenefits began notifying
impacted individuals of the data breach.
The data breach has put the personal and confidential information
of over 3 million individuals at risk. Schubert Jonckheer & Kolbe
LLP is investigating whether NationsBenefits failed to adequately
protect individuals' privacy and violated state or federal law.
If you received notice of this data breach from NationsBenefits and
wish to obtain additional information about your legal rights,
please contact us today or visit our website at
https://www.classactionlawyers.com/nationsbenefits.
About Schubert Jonckheer & Kolbe LLP
Schubert Jonckheer & Kolbe represents shareholders, employees, and
consumers in class actions against corporate defendants, as well as
shareholders in derivative actions against their officers and
directors. The firm is based in San Francisco, and with the help of
co-counsel, litigates cases nationwide.
Contact
Amber L. Schubert
Schubert Jonckheer & Kolbe LLP
aschubert@sjk.law
Tel: (415) 788-4220 [GN]
NEW PORTALES: Faces Ramirez Wage-and-Hour Suit in E.D.N.Y.
----------------------------------------------------------
JOSE RAMIREZ, on behalf of himself and all others similarly
situated, Plaintiff v. THE NEW PORTALES TAQUERIA CORP., D/B/A LOS
PORTALES RESTAURANT, and CLAUDIO TOMAX, Defendants, Case No.
1:23-cv-04765 (E.D.N.Y., June 26, 2023) is a class action against
the Defendants for violations of the Fair Labor Standards Act and
the New York Labor Law including failure to pay minimum wages,
failure to pay overtime wages, failure to pay spread-of-hours
compensation, and failure to provide wage notice and accurate wage
statements.
The Plaintiff was employed as a non-exempt food service employee at
Los Portales restaurant from March 2021 until October 2022.
The New Portales Taqueria Corp. is the owner and operator of a
Mexican restaurant named "Los Portales" at 25-08A Broadway in
Astoria, New York. [BN]
The Plaintiff is represented by:
David Harrison, Esq.
HARRISON, HARRISON & ASSOCIATES, LTD.
110 State Highway 35, 2nd Floor
Red Bank, NJ 07701
Telephone: (718) 799-9111
Facsimile: (718) 791-9171
E-mail: dharrison@nynjemploymentlaw.com
NEW YORK, NY: Fails to Pay Proper Overtime Wages, Benjamin Says
---------------------------------------------------------------
ALBERT-ANN BENJAMIN et al., Plaintiffs v. CITY OF NEW YORK
Defendant, Case No. 1:23-cv-05458 (S.D.N.Y., June 27, 2023) is a
class action arising out of the Defendant's violations of the Fair
Labor Standards Act.
The Plaintiffs are current and former employees of the Defendant,
City of New York, employed in the position of Child Protective
Specialist (CPS) and/or Child Protective Specialist Supervisor
(CPSS) in the City's Administration for Children's Services (ACS).
While employed at ACS in the position of CPS and/or CPSS, they have
been subject to the same policies and/or practices that violate the
FLSA whereby the Defendant suffered or permitted Plaintiffs to
perform uncompensated overtime work outside of their paid shifts
and during their unpaid meal periods. In addition, the Defendant
allegedly failed to properly calculate the regular rate of pay upon
which Plaintiffs' overtime rate is based and fails to pay overtime
compensation in a timely manner, says the suit.
New York City has a principal office and place of business located
at Broadway and Park Row, New York, and may be served with process
by serving the Office of Corporation Counsel, 100 Church Street,
New York.[BN]
The Plaintiffs are represented by:
Gregory K. McGillivary, Esq.
Diana J. Nobile, Esq.
Sarah M. Block, Esq.
McGILLIVARY STEELE ELKIN LLP
1101 Vermont Ave., N.W. Suite 1000
Washington, DC 20005
Telephone: (202) 833-8855
- and -
Hope Pordy, Esq.
Elizabeth Sprotzer, Esq.
Eliza Schultz, Esq.
SPIVAK LIPTON, LLP
1040 Avenue of the Americas 20th Floor
New York, NY 10018
Telephone: (212) 765-2100
NEXTFOODS INC: August 4 Deadline to File Class Cert Bid Sought
--------------------------------------------------------------
In the class action lawsuit captioned as EVLYN ANDRADE-HEYMSFIELD,
on behalf of herself, all others similarly situated, and the
general public, v. NEXTFOODS, INC., Case No. 3:21-cv-01446-BTM-MSB
(S.D. Cal.), the Parties agree and jointly move for an Order from
the Court:
1. Setting a deadline of June 26 for NextFoods to produce ESI
documents located on its internal servers that were
identified
using the electronic search terms for the Plaintiff's first
and
second set of document requests. To the extent any additional
documents are subsequently identified pursuant to this
search,
production of such documents must be completed no later than
July 14.
2. Setting a deadline of June 30 for NextFoods to produce ESI
documents located through searches of custodian emails that
were
identified using the electronic search terms for the
Plaintiff's
first and second set of document requests. To the extent any
additional documents are subsequently identified pursuant to
this search, production of such documents must be completed
no
later than July 14.
3. Setting a deadline for the depositions of Juan Gluth, Barbara
Keiger, and Mike Chiaverini by July 21; and
4. Continuing the Plaintiff's deadline to move for class
certification to August 4.
On March 20, 2023, the District Court denied the Defendant's motion
to dismiss the First Amended Complaint and referred this matter to
the assigned the Honorable Michael S. Berg for an Early Neutral
Evaluation Conference (ENE).
On March 27, the Plaintiff served 35 document requests and 18
interrogatories on the Defendant. On April 5, the Court issued an
Order that set the Plaintiff's deadline to file a motion for Class
Certification as July 14.
On April 12, the Plaintiff sent the Defendant a list of search
terms and custodians for the purposes of conducting ESI searches
for documents responsive to her first set of document requests,
which the Defendant subsequently agreed to use.
NextFoods produces and distributes dairy-free, soy-free, and vegan
products.
A copy of the Parties' motion dated June 15, 2023, is available
from PacerMonitor.com at https://bit.ly/3r5OFEY at no extra
charge.[CC]
The Plaintiff is represented by:
Jack Fitzgerald, Esq.
Paul K. Joseph, Esq.
Melanie Persinger, Esq.
Trevor M. Flynn, Esq.
FITZGERALD JOSEPH LLP
San Diego, CA 92110
Telephone: (619) 215-1741
E-mail: jack@fitzgeraldjoseph.com
paul@fitzgeraldjoseph.com
melanie@fitzgeraldjoseph.com
trevor@fitzgeraldjoseph.com
caroline@fitzgeraldjoseph.com
The Defendant is represented by:
Ryan Hansen, Esq.
BROWNLIE HANSEN LLP
10920 Via Frontera Ste 550
San Diego, CA 92127-1737
NHS MANAGEMENT: Averts Class Action Over 2021 Data Breach
---------------------------------------------------------
Christopher Brown, writing for Bloomberg Law, reports that NHS
Management LLC dodged a proposed class action alleging it was
negligent in failing to prevent a February 2021 data breach that
exposed the information of more than 500 people.
Plaintiff Shymikka Griggs failed to provide facts establishing
federal jurisdiction over the lawsuit under the Class Action
Fairness Act, Judge R. David Proctor of the US District Court for
the Northern District of Alabama said on June 26.
Proctor dismissed the lawsuit on his own initiative, giving Griggs
until July 21, 2023, to file an amended complaint appropriately
addressing CAFA's jurisdictional requirements. [GN]
NORTHWEST MOTORSPORT: Court Junks Villafan's Claims w/ Prejudice
----------------------------------------------------------------
In the class action lawsuit captioned as SETH VILLAFAN, et al., v.
NORTHWEST MOTORSPORT, LLC, et al., Case No. 2:20-cv-01616-TSZ (W.D.
Wash.), the Hon. Judge Thomas S. Zilly entered an order on the
Defendants' motion to dismiss:
(1) The Plaintiffs' class action claims are dismissed with
prejudice;
(2) The Plaintiffs' motion to certify class is STRICKEN as
moot;
and
(3) the Plaintiff Villafan's and the Plaintiff Graves's claims
are dismissed with prejudice, and they are dismissed from
this
case.
(4) The Clerk is directed to send a copy of this Order to all
counsel of record.
The Plaintiffs agree that dismissing their class claims pursuant to
28 U.S.C. section 1332(d)(4)(A) and (B) is appropriate.
The Plaintiffs further agree to the dismissal of all claims brought
by individual the Plaintiffs Seth Villafan and Joshua Graves. Only
the Plaintiff Olson's claims remain in this case.
The Court finds this case is appropriate for mediation under Local
Civil Rule 39.1(c).
The Court entered an ordered that the parties exchange written
demands for settlement and that counsel meet and discuss settlement
pursuant to Local Civil Rule 39.1(c)(2) no later than August 6,
2023.
The parties are advised that the Court’s home page at
www.wawd.uscourts.gov contains a roster of approved mediators and
their profiles. This information is also available for viewing in
Seattle and Tacoma at the intake counter of the Clerk's Office.
The Counsel are directed to file with the Court the name of the
mediator as soon as one is selected. The mediation will be
conducted at such time or times as set by the mediator. Mediation
shall be completed no later than September 1, 2023, and a letter of
compliance shall be filed with the Court no later than September 8,
2023.
Northwest Motorsport is a truck center on the west coast.
A copy of the Court's order dated June 14, 2023 is available from
PacerMonitor.com at https://bit.ly/42ZEY88 at no extra charge.[CC]
NUTRITION CORP: Bilbao Sues Over Unsolicited Text Messages
----------------------------------------------------------
AXEL BILBAO, individually and on behalf of all others similarly
situated, Plaintiff v. NUTRITION CORP, INC., Defendant, Case No.
CACE-23-014824 (Fla. Cir., 17th Judicial, Broward Cty., June 19,
2023) is an action for injunctive and declaratory relief, and
damages for Defendant's alleged violations of the Florida Telephone
Solicitation Act.
Allegedly, the Defendant made text message sales calls that
promoted Fresh n' Lean ready-to-eat meal delivery service and
violated the Caller ID Rules when it transmitted to the recipients'
caller identification services a telephone number that was not
capable of receiving telephone calls.
As such, Plaintiff, brings this action alleging that Defendant
violated the FTSA's Caller ID Rules by transmitting a phone number
that was not capable of receiving phone calls when it made
telephonic sales calls by text message.
Nutrition Corp, Inc., is registered as a foreign profit
corporation, which sells various goods to persons throughout the
United States through its online store.[BN]
The Plaintiff is represented by:
Joshua A. Glickman, Esq.
Shawn A. Heller, Esq.
SOCIAL JUSTICE LAW COLLECTIVE, PL
974 Howard Ave.
Dunedin, FL 34698
Telephone: (202) 709-5744
Facsimile: (866) 893-0416
E-mail: josh@sjlawcollective.com
shawn@sjlawcollective.com
OCEAN SKY LLC: Fails to Pay Proper Wages, Escalona Suit Claims
--------------------------------------------------------------
FEDERICO CORONA ESCALONA on behalf of himself and all others
similarly situated, Plaintiff v. OCEAN SKY LLC d/b/a DRUNKEN
CHICKEN, TONY MAN LOU a/k/a MAN IAN LOU a/k/a IAN LOU, HOK KUAN
LOU, JOHN DOE CORPORTIONS 1-10, and RICHARD ROES 1-100, Defendants,
Case No. 1:23-cv-04812 (E.D.N.Y., June 27, 2023) seeks remedies for
the Defendants' violations of the Fair Labor Standards Act and the
New York State Labor Law.
The Defendants employed Plaintiff from in or about January 4, 2021
until May 7, 2023. Throughout his employment with Defendants,
Plaintiff was scheduled to work seven shifts per week. Each shift
was between nine and thirteen hours per day. However, the
Defendants failed to pay Plaintiff and the FLSA Collective
Plaintiffs at the required minimum wage rates and overtime premiums
for hours they worked in excess of 40 in a workweek, says the
suit.
Ocean Sky LLC owns and operates a restaurant and bar named "Drunken
Chicken," based in Astoria, New York.[BN]
The Plaintiff is represented by:
David Harrison, Esq.
HARRISON, HARRISON & ASSOCIATES, LTD.
110 State Highway 35, 2nd Floor
Red Bank, NJ 07701
Telephone: (718) 799-9111
Facsimile: (718) 791-9171
E-mail: dharrison@nynjemploymentlaw.com
OPENAI INC: Faces Class Suit Over Copyrights, Privacy Violations
----------------------------------------------------------------
Gerrit De Vynck at washingtonpost.com reports that a
California-based law firm is launching a class-action lawsuit
against OpenAI, alleging the artificial-intelligence company that
created popular chatbot ChatGPT massively violated the copyrights
and privacy of countless people when it used data scraped from the
internet to train its tech.
The lawsuit seeks to test out a novel legal theory -- that OpenAI
violated the rights of millions of internet users when it used
their social media comments, blog posts, Wikipedia articles and
family recipes. Clarkson, the law firm behind the suit, has
previously brought large-scale class-action lawsuits on issues
ranging from data breaches to false advertising.
The firm wants to represent "real people whose information was
stolen and commercially misappropriated to create this very
powerful technology," said Ryan Clarkson, the firm's managing
partner.
The case was filed in federal court in the northern district of
California. A spokesman for OpenAI did not respond to a request for
comment.
The lawsuit goes to the heart of a major unresolved question
hanging over the surge in "generative" AI tools such as chatbots
and image generators. The technology works by ingesting billions of
words from the open internet and learning to build inferences
between them. After consuming enough data, the resulting "large
language models" can predict what to say in response to a prompt,
giving them the ability to write poetry, have complex conversations
and pass professional exams. But the humans who wrote those
billions of words never signed off on having a company such as
OpenAI use them for its own profit.
Inside the secret list of websites that make AI like ChatGPT sound
smart
"All of that information is being taken at scale when it was never
intended to be utilized by a large language model," Clarkson said.
He said he hopes to get a court to institute some guardrails on how
AI algorithms are trained and how people are compensated when their
data is used.
The firm already has a group of plaintiffs and is actively looking
for more.
The legality of using data pulled from the public internet to train
tools that could prove highly lucrative to their developers is
still unclear. Some AI developers have argued that the use of data
from the internet should be considered "fair use," a concept in
copyright law that creates an exception if the material is changed
in a "transformative" way.
The question of fair use is "an open issue that we will be seeing
play out in the courts in the months and years to come," said
Katherine Gardner, an intellectual-property lawyer at Gunderson
Dettmer, a firm that mostly represents tech start-ups. Artists and
other creative professionals who can show their copyrighted work
was used to train the AI models could have an argument against the
companies using it, but it's less likely that people who simply
posted or commented on a website would be able to win damages, she
said.
"When you put content on a social media site or any site, you're
generally granting a very broad license to the site to be able to
use your content in any way," Gardner said. "It's going to be very
difficult for the ordinary end user to claim that they are entitled
to any sort of payment or compensation for use of their data as
part of the training."
The suit also adds to the growing list of legal challenges to the
companies building and hoping to profit from AI tech. A
class-action lawsuit was filed in November against OpenAI and
Microsoft for how the companies used computer code in the
Microsoft-owned online coding platform GitHub to train AI tools. In
February, Getty Images sued Stability AI, a smaller AI start-up,
alleging it illegally used its photos to train its image-generating
bot. And this month OpenAI was sued for defamation by a radio host
in Georgia who said ChatGPT produced text that wrongfully accused
him of fraud.
OpenAI isn't the only company using troves of data scraped from the
open internet to train their AI models. Google, Facebook, Microsoft
and a growing number of other companies are all doing the same
thing. But Clarkson decided to go after OpenAI because of its role
in spurring its bigger rivals to push out their own AI when it
captured the public's imagination with ChatGPT last year, Clarkson
said.
"They're the company that ignited this AI arms race," he said.
"They're the natural first target."
OpenAI doesn't share what kind of data went into its latest model,
GPT4, but previous versions of the tech have been shown to have
digested Wikipedia pages, news articles and social media comments.
Chatbots from Google and other companies have used similar data
sets.
Regulators are discussing enacting new laws that require more
transparency from companies about what data went into their AI.
It's also possible that a court case could prompt a judge to force
a company such as OpenAI to turn over information on what data it
used, said Gardner, the intellectual-property lawyer.
Some companies have tried to stop AI firms from scraping their
data. In April, music distributor Universal Music Group asked Apple
and Spotify to block scrapers, according to the Financial Times.
Social media site Reddit is shutting off access to its data stream,
citing how Big Tech companies have for years scraped the comments
and conversations on its site. Twitter owner Elon Musk threatened
to sue Microsoft for using Twitter data it had gotten from the
company to train its AI. Musk is building his own AI company.
The new class-action lawsuit against OpenAI goes further in its
allegations, arguing that the company isn't transparent enough with
people who sign up to use its tools that the data they put into the
model may be used to train new products that the company will make
money from, such as its Plugins tool. It also alleges OpenAI
doesn't do enough to make sure children under 13 aren't using its
tools, something that other tech companies including Facebook and
YouTube have been accused of over the years.[GN]
ORDERMARK INC: Faces Suit Over May Layoffs Without 60-Day Notice
----------------------------------------------------------------
Aneurin Canham-Clyne, writing for Restaurant Dive, reports that
Adjustment and Retraining Notification Act (WARN Act) by laying off
approximately 130 workers in May without the legally required
60-day warning or continuation of benefits.
The suit was filed in the U.S. District Court for Delaware on June
2 by Alitza Portuhondo, a former Nextbite employee who was laid off
without warning on May 15 and whose maternity leave was terminated
on May 17, rather than July 17 as initially scheduled.
Portuhondo alleges the company did not provide any notice to
workers it fired in May, and claims Ordermark Inc, Nextbite's
former online order management arm, fired about 40 workers on May 5
and 90 on May 15.
Dive Insight:
Portuhondo's class action WARN Act suit is the first public
indication of the scale of Nextbite's layoffs since the company's
job cuts became public knowledge in May. The complaint states,
however, that Nextbite/Ordermark alone know the complete scope of
the job cuts.
The WARN Act stipulates that companies employing more than 100
employees provide notice for mass layoffs -- defined as layoffs
impacting more than 33% of the workforce at a single jobsite, and
at least 50 workers -- give workers 60-days advance notice. The act
also requires such companies give notice for plant closures,
defined as the closure of a single jobsite that impacts 50 or more
workers.
The suit claimed the laid off workers were based out of Nextbite's
Denver headquarters. Per the complaint, the workers were not given
the 60-day notice, which would have given workers time to find
alternate employment. The WARN Act gives workers the ability to sue
for pay and benefits for unnotified layoffs.
Portuhondo is seeking backpay and benefits, according to the
lawsuit. Portuhondo's child required neonatal hospitalization, and
Nextbite's job cuts left Portuhondo "uninsured and fac[ing]
mounting financial burdens caused by the sudden cessation of
coverage. She is uncertain as to level of healthcare she will be
able to provide for herself and her child."
In workers' posts on LinkedIn detailing the job losses, employees
said they were informed of layoffs the day they occurred, or the
Friday before the week in which the layoffs took place. Other
workers said they were cut without severance or warning.
After firing an alleged 130 workers in two weeks, Nextbite sold the
Ordermark business to UrbanPiper, an Indian software company, in
early June. Ordermark primarily served to streamline online
ordering, while Nextbite operated a virtual brand platform,
according to a blog post on the company's site. Several days later,
Sam Nazarian, founder of competing virtual brand and restaurant
tech business C3, bought what was left of Nextbite for an
undisclosed sum.
Portuhondo's attorneys did not immediately respond to a request for
comment about the impact of Nextbite's partition and sale on the
proceedings, or on the participation of other impacted employees.
Alex Canter, who founded Nextbite and Ordermark, and still works as
Nextbite's CEO according to his LinkedIn profile, did not respond
to requests for comment. [GN]
PARAMOUNT GLOBAL: Weil Moves VPPA Suit to Individual Arbitration
----------------------------------------------------------------
On June 27, 2023, Weil won a complete victory for Paramount Global
in a putative nationwide class action alleging violations of the
federal Video Privacy Protection Act (VPPA), when the U.S. District
Court for the Northern District of Illinois granted Paramount's
motion to compel arbitration.
The plaintiff in this case created a free account on CBS.com, and
allegedly also viewed video content on the CBS.com website. The
plaintiff claimed that Paramount disclosed her online video-viewing
history to Meta, through the use of an embedded piece of code
called the Meta Pixel, in violation of the VPPA. The VPPA was
originally enacted in 1988 after a newspaper published information
about Judge Robert Bork's video rental history at a local movie
rental store. In relevant part, the VPPA holds that "[a] video tape
service provider who knowingly discloses, to any person, personally
identifiable information concerning any consumer of such provider
shall be liable to the aggrieved person."
Recognizing that the plaintiff here agreed to terms and conditions
containing an arbitration clause when creating her CBS.com account,
Paramount moved to compel arbitration. In its Order, the court
agreed with Paramount, referred the dispute to arbitration, and
stayed the case.
Weil recently won another VPPA case for Scripps Networks, LLC,
owned by Warner Bros. Discovery, when the U.S. District Court for
the Southern District of New York granted Scripps' motion to
dismiss for failure to state a claim.
The Weil team was led by Weil Complex Commercial Litigation partner
David Yohai, and included partner David Singh, and associates Blake
Steinberg and Amy Le. [GN]
PATRIOT ENERGY: Boucaud Sues Over Unlawful Labor Practices
----------------------------------------------------------
HAYDEN BOUCAUD, SHERWIN MARK, ROMEAL SMALL, NICHOLAS STRACHAN,
RONALD NISBETT, ANTHONY ALEXANDER, HAYDEN NORIEGA, ENRIQUE SIMPSON,
DEON STEWART, CHRISTOPHER SPARKS, ARBAINE MCINTYRE, SHAMAR PIERSON,
JOEL WHARTON, SUEINDER BIRBHAJAN, NEVILLE BROWN and TIMOTHY DURITY,
INDIVIDUALLY, and on BEHALF OF OTHER SIMILARLY SITUATED. Plaintiffs
v. PATRIOT ENERGY SOLUTIONS CORP., Defendant, Case No. 517824/2023
(N.Y. Sup., Kings Cty., June 19, 2023) arises from the Defendant's
willful and intentional violation of New York Labor Law, the Fair
Labor Standards Act, and New York Wage Theft Prevention Act seeking
relief for Plaintiffs' unpaid wages, unpaid overtime, unpaid
spread-of-hours pay, past and future medical billing, pre-judgment
and post-judgment interest, attorneys' fees and costs.
The Plaintiffs were former employees of the Defendant working as
laborers and laborer-supervisors. Throughout the course of their
employment, Defendant simply failed to pay them minimum wages,
overtime, spread-of-hours pay, past and future medical billing. The
Defendants did not provide Plaintiffs and Class Action Plaintiffs
with wage notice and statements, the Plaintiffs add.
Patriot Energy Solutions Corp. is a New York limited liability
corporation with its principal office located in Kings County.[BN]
The Plaintiffs are represented by:
Matthew W. Lewis, Esq.
THE LAW OFFICE OF MATTHEW W. LEWIS, PLLC
11 Broadway, Suite 615
New York, NY 10004
Telephone: (347) 328-2973
Facsimile: (212) 480-8560
PENTAGON FEDERAL: Wiretaps Web Users' Communications, Miller Says
-----------------------------------------------------------------
JAMES MILLER, individually and on behalf of all others similarly
situated, Plaintiff v. PENTAGON FEDERAL CREDIT UNION, VERISK
ANALYTICS, INC., AND LEAD INTELLIGENCE, INC., Defendants, Case No.
2:23-cv-04785 (C.D. Cal., June 16, 2023) is a class action against
the Defendants for invasion of Plaintiff's and Class members'
privacy rights in violation of the California Constitution and the
California Invasion of Privacy Act.
Plaintiff James Miller used the PenFed website to initiate an
application for a home loan, entering his personally identifiable
information and other sensitive, private information into the
online forms at Penfed.org. During each of Plaintiff's visits to
the relevant sections of PenFed's website, Defendants PenFed,
Verisk, and Lead Intelligence recorded his electronic
communications and actitivies in real time and used the intercepted
data to capture his PII and other private, sensitive information --
including his first and last name, email address, type of loan
needed, property use, purchase price, home buyer status, and credit
score -- all without the consent CIPA requires, the suit alleges.
The Plaintiff brings this action on behalf of himself and a class
of all Californians whose electronic communications were wiretapped
through PenFed's use of the Jornaya software on its website.
Pentagon Federal Credit Union offers consumers instant quotes on a
variety of financial services, including home financing services.
Verisk Analytics, Inc. and Lead Intelligence, Inc. sell software
marketed under the business name Jornaya.[BN]
The Plaintiff is represented by:
Adam E. Polk, Esq.
Simon S. Grille, Esq.
Nina Gliozzo, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: apolk@girardsharp.com
sgrille@girardsharp.com
ngliozzo@girardsharp.com
- and -
Sean Greene, Esq.
GIRARD SHARP LLP
222 Pacific Coast Highway, Floor 10
El Segundo, CA 90245
Telephone: (415) 544-6453
E-mail: sgreene@girardsharp.com
- and -
Christopher J. Cormier, Esq.
BURNS CHAREST LLP
4725 Wisconsin Ave., NW, Suite 200
Washington, DC 20016
Telephone: (202) 577-3977
E-mail: ccormier@burnscharest.com
- and -
Hannah M. Crowe, Esq.
BURNS CHAREST LLP
900 Jackson Street, Suite 500
Dallas, TX 75202
Telephone: (469) 904-4550
E-mail: hcrowe@burnscharest.com
PFIZER INC: End-Payor Plaintiffs Seek to Certify Two Classes
------------------------------------------------------------
In the class action lawsuit captioned as BURLINGTON DRUG CO., INC.
et al., v. PFIZER INC. et al., Case No. 3:12-cv-02389-PGS-DEA
(D.N.J.), the End-Payor Plaintiffs move the Court for an order
certifying the following two Classes pursuant to Federal Rule of
Civil Procedure 23(b)(3) under the antitrust and consumer
protection laws of Arizona, California, D.C., Florida, Iowa,
Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico,
New York, North Carolina, North Dakota, Oregon, South Dakota,
Tennessee, West Virginia, and Wisconsin (the "Class States"):
(1) The Third-Party Payor (TPP) Class
"All entities that, for consumption by their members,
employees, insureds, participants or beneficiaries,
purchased,
paid and/or provided reimbursement for some or all of the
purchase price of branded Lipitor or generic atorvastatin
calcium, in the Class States, other than for resale, at any
time during the period from June 28, 2011 through and until
December 31, 2012."
The following entities are expressly excluded from the
Proposed
TPP Class:
a. the Defendants and their subsidiaries and affiliates;
b. Federal and state governmental entities;
c. Medicare Part D Plans; and
d. Medicaid Plans.
EPPs also move for the appointment of the following entities
as
class representative for the TPP Class: A.F. of L.-A.G.C.
Building Trades Welfare Plan; the Mayor and City Council of
Baltimore; New Mexico United Food and Commercial Workers
Union's and Employers' Health and Welfare Trust Fund;
Louisiana
Health Service Indemnity Company d/b/a Bluecross/Blueshield
of
Louisiana; Bakers Local 433 Health Fund; and Fraternal Order
of
Police, Fort Lauderdale Lodge 31, Insurance Trust Fund.
(2) The Consumer Class
Total Generic Exclusion Period (June 28, 2011, through
November
29, 2011). All individuals who purchased, paid and/or
provided
reimbursement for some or all of the purchase price of
branded
Lipitor, in the Class States, without the use of a Pfizer
co-
pay card.
Generic Overcharge Period (November 30, 2011 through
December
31, 2012). All individuals who purchased, paid and/or
provided
reimbursement for some or all of the purchase price of
generic
atorvastatin calcium, in the Class States.
The following individuals are expressly excluded from the
Consumer Class:
a. Judges assigned to this case and their chambers' staff
and
any members of the judges' or chambers staff's immediate
family;
b. the Defendants' officers, directors and employees;
c. Individuals who only purchased through a Medicare Part D
or
Medicaid Plan;
d. Individuals who only purchased branded Lipitor after
November 30, 2022, and did not purchase generic
atorvastatin
calcium; and
e. Any "flat copay" consumers who purchased Lipitor only via
a
fixed dollar copayment that does not vary on the basis of
the drug's status as brand or generic.
EPPs also hereby move for the appointment of the following
individuals as class representative for the Consumer Class:
Nancy Billington, Emilie Heinle, and Andrew Livezey.
Finally, EPPs move for the appointment of (1) Cohen Milstein
Sellers & Toll PLLC, Wexler Boley & Elgersma LLP, Motley Rice LLC,
and Grant & Eisenhofer P.A. as Co-Lead Counsel; and (2) Schnader
Harrison Segal & Lewis LLP as Liaison Counsel for the TPP and
Consumer Classes.
Alternatively, EPPs move for certification of a single issues class
on anticompetitive effects pursuant to Federal Rule of Civil
Procedure 23(c)(4).
Pfizer is an American multinational pharmaceutical and
biotechnology corporation.
A copy of the Plaintiffs' motion dated June 20, 2023, is available
from PacerMonitor.com at https://bit.ly/3XwDtNG at no extra
charge.[CC]
The Plaintiffs are represented by:
Lisa J. Rodriguez, Esq.
SCHNADER HARRISON SEGAL & LEWIS LLP
Woodland Falls Corporate Park
220 Lake Drive East, Suite 200
Cherry Hill, NJ 08002
Telephone: (856) 482-522
E-mail: lrodriguez@schnader.com
- and -
Sharon Robertson, Esq.
COHEN MILSTEIN SELLERS
& TOLL PLLC
88 Pine Street, 14th Floor
New York, NY 10005
E-mail: srobertson@cohenmilstein.com
- and -
Kenneth A. Wexler, Esq.
WEXLER BOLEY & ELGERSMA
LLP
311 S. Wacker, Suite 5450
Chicago, IL 60606
E-mail: kaw@wbe-llp.com
- and -
Michael Buchman, Esq.
MOTLEY RICE LLC
777 Third Avenue, 27th Flr.
New York, NY 10017
E-mail: mbuchman@motleyrice.com
- and -
Chad Holtzman, Esq.
GRANT & EISENHOFER P.A.
485 Lexington Avenue, 29th Fl.
New York, NY 10017
E-mail: choltzman@gelaw.com
PHILADELPHIA INQUIRER: All Fact Discovery in Braun Suit Due Oct. 27
-------------------------------------------------------------------
In the class action lawsuit captioned as JASON BRAUN, JIM CUMMINS
and STEPHANIE CARTER on behalf of herself and all others similarly
situated, v. PHILADELPHIA INQUIRER, LLC., Case No.
2:22-cv-04185-JMY (E.D. Pa.), the Hon. Judge John Milton Younge
entered a scheduling Order as follows:
-- The Parties shall serve all Interrogatories June 21,
2023
and Requests for Production of Documents by:
-- Objections and Responses to Interrogatories July 20,
2023
and Requests for Production of Documents
shall be served by:
-- Motions to Amend or to Add Parties shall be Aug. 1,
2023.
filed no later than:
-- The Parties shall serve any Requests for Sept. 27,
2023
Admissions by:
-- All fact discovery shall be completed by: Oct. 27,
2023
-- Disclosure of Experts shall occur by: Nov. 1,
2023
-- The Parties shall produce their initial Nov. 20,
2023.
Expert Reports by:
-- Reply Expert Reports shall be due by: Jan. 5,
2024
-- All expert discovery, including all Feb. 7,
2024.
depositions of expert witnesses, shall be
complete by:
-- Dispositive motions and class certification April 1,
2024
motions shall be filed no later than:
-- Reponses, if any, to such motions shall be May 1,
2024.
filed no later than:
Philadelphia Inquirer is a daily newspaper serving the metro
Philadelphia area as well as parts of New Jersey, Southeastern
Pennsylvania and Delaware.
A copy of the Court's order dated June 14, 2023 is available from
PacerMonitor.com at https://bit.ly/430rMQn at no extra charge.[CC]
PHILLIPS 66: Class Settlement in Dinsmore Suit Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as MARVIN B. DINSMORE, et
al., v. PHILLIPS 66 COMPANY, Case No. 6:22-cv-00044-JFH (E.D.
Okla.), the Hon. Judge John F. Heil, III entered an order granting
preliminary approval of class action settlement, certifying class
for settlement purposes, approving form and manner of notice, and
setting date for final fairness hearing.
The case is a class action lawsuit brought by the Plaintiffs Marvin
B. Dinsmore and Sheridan Downey, III, as Administrators of the
Estate of David D. Dinsmore and the Estate of Margaret D. Dinsmore,
on behalf of themselves and as representatives of a class of owners
against Defendant, for the failure to pay statutory interest on
payments made outside the time periods.
The certified Settlement Class is defined as follows:
"All non-excluded persons or entities who: (1) received Late
Payments from the Defendant (or the Defendant’s designee) for
oil-
and-gas proceeds from Oklahoma wells; or whose proceeds were
escheated to a government entity by the Defendant; or whose
proceeds from Oklahoma wells were held in suspense by the
Defendant
on or before March 10, 2023; and (2) who have not already been
paid
statutory interest on the Late Payments or on the amounts held
in
suspense by the Defendant on or before March 10, 2023."
Excluded from the Class are: (1) the Defendant, its affiliates,
predecessors, and employees, officers, and directors; (2)
agencies,
departments, or instrumentalities of the United States of
America
or the State of Oklahoma; and (3) any Indian tribe as defined at
30
U.S.C. section 1702(4) or Indian allottee as defined at 30
U.S.C.
section 1702(2).
Phillips 66 is an American multinational energy company.
A copy of the Court's order dated June 20, 2023, is available from
PacerMonitor.com at https://bit.ly/3CRWh0f at no extra charge.[CC]
PHILLP PHIEFFERM: Court Directs Filing of Discovery Plan in McCune
------------------------------------------------------------------
In the class action lawsuit captioned as Rolon-Barada v. Phillp
Phiefferm, Case No. 4:23-cv-04047-SLD-JEH (C.D. Ill.), the Hon.
Judge Jonathan E. Hawley entered a standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
A copy of the Court's order dated June 14, 2023 is available from
PacerMonitor.com at https://bit.ly/3r8QGjt at no extra charge.[CC]
POLARIS INDUSTRIES: Filing for Class Cert Bid Due March 1, 2024
---------------------------------------------------------------
In the class action lawsuit captioned as James DeBiasio v. Polaris
Industries, Inc., Case No. 2:22-cv-03715-JLS-PVC (C.D. Cal.), the
Hon. Judge Josephine L. Staton entered a scheduling order as
follows:
Last Day to File a Motion to Add Parties: July 14, 2023
or Amend Pleadings
Fact Discovery Cutoff: February 16,
2024
Deadline for Filing Class Certification March 1, 2024
Motion
Deadline for Filing Opposition to April 26, 2024
Class Certification Motion
Deadline for filing Reply in Support June 7, 2024
of Class Certification Motion
Deadline for the Plaintiff’s Expert Reports March 15,
2024
Deadline for the Defendant’s Expert Reports May 10, 2024
Deadline for Rebuttal Expert Reports July 5, 2024
Expert Discovery Cutoff August 2, 2024
Last Day to Conduct Settlement Proceedings July 19, 2024
Last Day to File Motions (Excluding Daubert August 30, 2024
Motions and all other Motions in Limine):
Last Day to File Daubert Motions: February 28,
2025
Last Day to File Motions in Limine: March 21, 2025
Polaris is an American manufacturer of snowmobiles, atv, and
neighborhood electric vehicles.
A copy of the Court's order dated June 14, 2023 is available from
PacerMonitor.com at https://bit.ly/3PybTO7 at no extra charge.[CC]
PORSCHE CARS: Settles Class Action Over Defective PCM System
------------------------------------------------------------
Top Class Actions reports that Porsche agreed to a class action
lawsuit settlement to resolve claims some of its vehicles were
equipped with defective communication management systems that
reboot unexpectedly.
The settlement benefits individuals who owned or leased a Porsche
vehicle equipped with an XM radio antenna and Porsche Communication
Management (PCM) system 3.1 as of May 20, 2020. The following
models were equipped with a PCM 3.1 system:
2010-2016 Panamera
2011-2016 Cayenne
2012-2016 911 Carrera
2012-2016 Boxster
2012-2016 Cayman
2015-2016 Macan
Class members can look up their vehicle's VIN on the settlement
website to check their eligibility.
According to the Porsche class action lawsuit, some Porsche
vehicles were equipped with defective PCM systems that rebooted
unexpectedly. Some consumers had to pay out of their own pockets to
have these systems repaired, the plaintiffs contend, while others
incurred additional out-of-pocket expenses related to the issue.
The PCM system in Porsche vehicles is responsible for all audio,
communication and navigation functions in addition to other
standard vehicle functions.
Porsche hasn't admitted any wrongdoing but agreed to pay an
undisclosed sum as part of a settlement to resolve the class action
lawsuit.
Under the terms of the settlement, class members can receive up to
$7,500 for out-of-pocket expenses incurred as a result of Porsche
communication management system rebooting. This may include
replacements, repairs, battery replacements, towing, alternative
transportation costs and more.
Class members who didn't incur any expenses but did spend time
dealing with the issue can choose to receive either a $25 payment
or a $50 dealer credit.
The deadline for exclusion and objection is May 19, 2023.
The final approval hearing for the Porsche settlement is scheduled
for June 21, 2023.
In order to receive a settlement payment, class members must submit
a valid claim form by Aug. 20, 2024.
Who's Eligible
Individuals who owned or leased a Porsche vehicle equipped with an
XM radio antenna and Porsche Communication Management (PCM) system
3.1 as of May 20, 2020
The following models were equipped with a PCM 3.1 system:
2010-2016 Panamera
2011-2016 Cayenne
2012-2016 911 Carrera
2012-2016 Boxster
2012-2016 Cayman
2015-2016 Macan
Class members can look up their vehicle VIN number on the
settlement website to check their eligibility.
Potential Award
$7,500
Proof of Purchase
Documentation of reboot-related expenses
Claim Form
CLICK HERE TO FILE A CLAIM »
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
08/20/2024
Case Name
Bowen, et al. v Porsche Cars NA Inc., Case No. 1:21-CV-471-MHC, in
the U.S. District Court for the Northern District of Georgia
Final Hearing
06/21/2023
Settlement Website
PorschePCMSettlement.com
Claims Administrator
Porsche PCM
Settlement Administrator
P.O. Box 173074
Milwaukee, WI 53217
info@PorschePCMSettlement.com
866-905-8126
Class Counsel
Matthew R Wilson
Michael J Boyle Jr.
MEYER WILSON CO LPA
Defense Counsel
Cari K Dawson
Kara F Kennedy
ALSTON & BIRD LLP [GN]
PREGIS LLC: Bazinett Suit Transferred to N.D. New York
------------------------------------------------------
The case styled as Lori Bazinett, individually and on behalf of all
others similarly situated v. Pregis LLC, Case No. 1:23-cv-02246 was
transferred from the U.S. District Court for the Northern District
of Illinois, to the U.S. District Court for the Northern District
of New York on June 27, 2023.
The District Court Clerk assigned Case No. 1:23-cv-00790-GLS-ML to
the proceeding.
The nature of suit is stated as Other Labor.
Pregis LLC -- https://www.pregis.com/ -- is a global,
customer-driven solutions provider of innovative packaging
materials, equipment systems, flexible packaging, and surface
protection.[BN]
The Plaintiff is represented by:
Yitzchak Kopel, Esq.
BURSOR & FISHER P.A.
1330 Avenue of the Americas-32nd Floor
New York, NY 10019
Phone: (917) 776-6740
Email: ykopel@bursor.com
The Defendant is represented by:
Kelly M. Cardin, Esq.
OGLETREE DEAKINS
599 Lexington Avenue, Ste. 17th Floor
New York, NY 10022
Los Angeles, CA 90071-3132
Phone: (212) 492-2500
Fax: (212) 492-2501
Email: Kelly.Cardin@ogletree.com
PREMERA BLUE CROSS: A.B. Sues Over Discriminatory Administration
----------------------------------------------------------------
A.B., by and through his parents, L.B. and M.B., on his own behalf
and on behalf of similarly situated others; L.B.; and M.B. v.
PREMERA BLUE CROSS, Case No. 2:23-cv-00953 (W.D. Wash., June 27,
2023), is brought to seek compensatory, consequential, and nominal
damages for their own individual injuries resulting from Premera's
discriminatory administration of the Plan.
The Patient Protection and Affordable Care Act ("Affordable Care
Act" or "ACA") prohibits discrimination on the basis of age and sex
in health care. This includes the administration, application, and
enforcement of any exclusions of gender-affirming care by health
insurance companies and claims administrators that receive federal
financial assistance and participate in health care insurance
marketplaces established under the ACA.
Premera, directly or through a subsidiary, participates in the
health care insurance marketplaces including the Washington Health
Benefit Exchange in Washington State. In doing so, and
notwithstanding its legal obligation to not discriminate on the
basis of age or sex pursuant to Section 1557 of the ACA, Premera
administers and enforces an exclusion of coverage of
gender-affirming care (including medically necessary surgery) for
transgender youth under the age of 18. Premera's exclusion deprives
transgender youth of essential, evidence-based, and even lifesaving
medical care. The exclusion facially excludes coverage for
gender-affirming surgical care that transgender adolescents under
18 may require.
The Plaintiff A.B., a fifteen-year-old transgender boy, and his
parents, L.B. and M.B., are being discriminated against on the
basis of sex because A.B. is transgender. They are also being
discriminated against based on age because Premera has arbitrarily
imposed a categorical exclusion based on age, notwithstanding that
medical care should be individualized, based on a particular
patient's development and medical needs, and consistent with
well-established clinical practice guidelines. Through L.B.'s
employment, A.B. receives health insurance coverage through the
Association of Washington Business HealthChoice Health Plan, a
non-grandfathered Washington insured plan offered by Premera. A.B.
is enrolled in the Premera insured plan as a dependent of L.B.
Premera purports to cover gender-affirming care when medically
necessary, according to the express terms of the plan. Despite this
plan language, Premera categorically excludes coverage for
gender-affirming surgical care for insureds under the age of 18.
A.B.'s pre-service request for authorization of gender-affirming
care in the form of chest surgery (mastectomy) and reconstruction
was denied because he is not yet 18, even though he, his parents,
and treating medical providers all agree that the chest surgery and
reconstruction is clinically appropriate. Premera's internal
medical policies for the same or similar procedures provided to
treat cisgender patients are not restricted or limited based upon
the insured's age.
The Plaintiffs will incur financial hardship without the coverage
promised in the Premera health plan. A.B. has also suffered
stigmatization, humiliation, and a loss of dignity because of the
Plan's targeted discrimination against transgender youth, which
wrongly deems their health care needs as unworthy of equal
coverage. Plaintiffs bring this lawsuit to obtain a judgment to
remedy their injuries and that of the proposed class and to have
the design and administration of such exclusions declared unlawful,
thereby preventing their enforcement by Premera, says the
complaint.
The Plaintiff A.B. is a fifteen-year-old transgender boy who is
enrolled in a Premera Washington insured non-grandfathered health
plan.
Premera Blue Cross is a health insurance company providing health
insurance and related services to approximately 2 million people
across the States of Washington and Alaska.[BN]
The Plaintiff is represented by:
Eleanor Hamburger, Esq.
Daniel S. Gross, Esq.
SIRIANNI YOUTZ SPOONEMORE HAMBURGER PLLC
3101 Western Avenue, Suite 350
Seattle, WA 98121
Phone: (206) 223-0303
Fax (206) 223-0246
Email: ehamburger@sylaw.com
dgross@sylaw.com
- and -
Omar Gonzalez-Pagan, Esq.
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
120 Wall Street, 19th Floor
New York, NY 10005
Phone: (646) 307-7406
Fax: (212) 658-9721
Email: ogonzalez-pagan@lambdalegal.org
- and -
J. Denise Diskin, Esq.
Dallas Martinez, Esq.
Q LAW FOUNDATION OF WASHINGTON
400 East Pine Street, Suite 225
Seattle, WA 98122
Phone: (206) 483-2725
Email: denise@qlawfoundation.org
dallas@qlawfoundation.org
PROTECTIVE LIFE: Allen Suit Seeks to Certify Class & Subclass
-------------------------------------------------------------
In the class action lawsuit captioned as BEVERLY ALLEN,
Individually, and on Behalf of the Class, v. PROTECTIVE LIFE
INSURANCE COMPANY, a Tennessee Corporation; EMPIRE GENERAL LIFE
INSURANCE COMPANY, an Alabama Corporation, Case No.
1:20-cv-00530-JLT-CDB (E.D. Cal.), the Plaintiff asks the Court to
enter an order certifying the case as a class action under Federal
Rule of Civil Procedure 23, on behalf of:
"All vested owners and beneficiaries of life insurance policies
issued or delivered by the Defendant in California, and which,
after January 1, 2013, were lapsed or terminated for nonpayment
of
premium without the Defendant first providing all the
protections
required by Insurance Code Sections 10113.71 and 10113.72.
The Plaintiff also ask the Court to enter an order:
1. certifying an Elder Abuse Sub-Class:
"All members of the Class defined above who were also 65
years
or older at the time the policy lapsed or terminated;"
2. Appointing the Plaintiff Beverly Allen as the Class
Representative; and
3. Appointing the law firms of Nicholas & Tomasevic, LLP and
Winters & Associates as Class Counsel.
The Plaintiff alleges that the Defendant failed to comply with
California Insurance Code sections 10113.71 and 10113.72.
The Plaintiff asserts that class certification is appropriate under
Federal Rule of Civil Procedure 23(a) because the Class that the
Plaintiff seeks to certify is so numerous that joinder of all
members is impracticable.
The Plaintiff also asserts that certification is appropriate under
Federal Rule of Civil Procedure 23(b)(2) because the Defendant has
acted or refused to act on grounds that apply generally to the
Class,
so that final injunctive relief or corresponding declaratory relief
is appropriate respecting the class members.
Protective Life provides insurance services. The Company offers
annuities and life insurance services.
A copy of the Plaintiff's motion dated June 20, 2023, is available
from PacerMonitor.com at https://bit.ly/3NvhRMZ at no extra
charge.[CC]
The Plaintiff is represented by:
Craig M. Nicholas, Esq.
Alex Tomasevic, Esq.
NICHOLAS & TOMASEVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
Facsimile: (619) 325-0496
E-mail: cnicholas@nicholaslaw.org
atomasevic@nicholaslaw.org
- and -
Jack B. Winters, Jr., Esq.
Sarah Ball, Esq.
WINTERS & ASSOCIATES
8489 La Mesa Boulevard
La Mesa, CA 91942
Telephone: (619) 234-9000
Facsimile: (619) 750-0413
E-mail: jackbwinters@earthlink.net
sball@einsurelaw.com
PURE PRESCRIPTIONS: Kunkle Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Pure Prescriptions,
Inc. The case is styled as Frank Kunkle, on behalf of himself and
all others similarly situated v. Pure Prescriptions, Inc., Case No.
1:23-cv-05514-MKV (S.D.N.Y., June 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Pure Prescriptions -- https://pureprescriptions.com/ -- is a family
owned & operated boutique vitamin retailer and manufacturer of high
potency, scientifically validated vitamins.[BN]
The Plaintiff is represented by:
Noor Abou-Saab, I, Esq.
LAW OFFICE OF NOOR A. SAAB
380 North Broadway, Suite 300
Jericho, NY 11753
Phone: (718) 740-5060
Email: noorasaablaw@gmail.com
QUICK BOX: Court Junks Tan Bid to Seal Documents
------------------------------------------------
In the class action lawsuit captioned as LEANNE TAN, v. QUICK BOX,
LLC, et al., Case No. 3:20-cv-01082-LL-DDL (S.D. Cal.), the Hon.
Judge Linda Lopez entered an order:
(1) Granting in part and denying in part the Plaintiff's motion
for
leave to amend the first Amended complaint; and
(2) Denying the plaintiff's motion to seal.
The Court ordered that:
-- The Plaintiff's Motion to Amend as to the addition of four
(4)
new defendants, Kiet Lieu, Phong Ngo (a.k.a. "Punky" Ngo),
Marc
Evans, and Rocket Management Group, LLC, is denied;
-- The Plaintiff's Motion to Amend as to the post-suit name
change
of "Konnektive Corporation" to "Converging Resources
Corporation" is granted.
-- The Clerk is directed to reflect the Defendant Konnektive
Corporation's name change to "Converging Resources
Corporation"
on the docket;
-- Given the Court's ruling on the Plaintiff’s Motion to
Amend, a
new class certification briefing schedule is to follow;
-- The Plaintiff’s Motion to Seal is denied; and
-- Within seven days of the issuance of this Order, the
Plaintiff
shall file on the public docket unredacted copies of ECF Nos.
240, 240-2, and 240-3.
The Court first notes that the Plaintiff has filed multiple motions
to seal in this action requesting similar relief. In the Court's
March 2, 2023 Order, Magistrate Judge David D. Leshner previously
denied two of the Plaintiff's motions to seal because the Plaintiff
did not demonstrate compelling reasons to seal the motions and
failed to narrowly tailor her sealing requests.
Judge Leshner also noted that the Plaintiff failed to provide the
Court with full briefing on her motions to seal the Plaintiff does
not satisfy either standard here. "The party asserting good cause
bears the burden, for each particular document it seeks to protect,
of showing that specific prejudice or harm will result if no
protective order is granted."
On June 12, 2020, the Plaintiff filed a putative consumer fraud
class action against alleged operators of an online "free trial"
scam. the Plaintiff alleges the Defendants fraudulently lured her,
and other consumers like her, into purchasing a monthly installment
of La Pura skin care products by offering "free samples" of the
products.
A copy of the Court's order dated June 14, 2023 is available from
PacerMonitor.com at https://bit.ly/3JyWPMa at no extra charge.[CC]
QUICK BOX: Has Until July 5 to File Class Cert Response in Tan
---------------------------------------------------------------
In the class action lawsuit captioned as LEANNE TAN, v. QUICK BOX,
LLC, et al., Case No. 3:20-cv-01082-LL-DDL (S.D. Cal.), the Hon.
Judge Linda Lopez entered an order setting briefing Schedule for
the Plaintiff's motion for class certification.
Accordingly, the Court now finds it appropriate to provide the
Defendants until July 5, 2023, to timely file a response to the
pending Motion for Class Certification. The Plaintiff may file a
reply to the Defendants' response on or before July 12, 2023.
The Court will then take the matter under submission. There will be
no oral argument unless otherwise ordered by the Court.
On October 14, 2022, the Plaintiff Leanne Tan filed a motion for
class certification.
On November 4, 2022, the Plaintiff filed a motion for leave to
amend seeking permission to add additional parties as defendants
and reflect a post-suit name change by Konnektive Corporation.
In response to the filing of the motion for leave to amend, the
Quick Box the Defendants and Konnective the Defendants filed an ex
parte application to extend the Court’s class certification
briefing schedule pending the resolution of the Plaintiff’s
motion for leave to amend.
On November 23, 2022, the Court granted the ex parte application to
set the class certification briefing schedule after the Court ruled
on the Plaintiff's motion for leave to amend. On June 14, 2023, the
Court ruled on the Plaintiff's motion for leave to amend.
Quick Box is a Business-to-Business (B2B) company offering
last-mile delivery.
A copy of the Court's order dated June 14, 2023 is available from
PacerMonitor.com at https://bit.ly/3NtEVvt at no extra charge.[CC]
RDO EQUIPMENT CO: Munoz-Munoz Suit Removed to E.D. Missouri
-----------------------------------------------------------
The case styled as Simon Munoz-Munoz, on behalf of himself, all
others similarly situated, and on behalf of the general public v.
RDO Equipment Co., Case No. CV-23-002243 was removed from the
Stanilaus County Superior Court, to the U.S. District Court for the
Eastern District of California on June 28, 2023.
The District Court Clerk assigned Case No. 1:23-at-00544 to the
proceeding.
The nature of suit is stated as Jobs Civil Rights.
RDO Equipment Co. -- https://www.rdoequipment.com/ -- is your
dealer of choice for John Deere, Vermeer, and other top equipment
brands.[BN]
The Plaintiff appears pro se.
RESTIGOUCHE HOSPITAL: $17M Settlement Reached in Breach Suit
------------------------------------------------------------
finance.yahoo.com reports that a proposed settlement has been
reached in a class action lawsuit against the Province of New
Brunswick and Vitalite Health Network on behalf of former residents
of the Restigouche Hospital Centre ("RHC") in Campbellton, New
Brunswick. The action was commenced by Darrell Tidd and Reid Smith,
acting as litigation guardians of two former RHC residents. The
lawsuit alleged that the Defendants breached various duties in
regard to the operation of RHC.
The action was certified as a class action on October 1, 2021. The
class action currently includes all individuals who were admitted
or resided at RHC from May 24, 2004, to October 1, 2021, and who
were alive as of May 24, 2017. The class also includes individuals
who resided at RHC from January 1, 1954, to October 1, 2021, who
claim they were sexually assaulted.
If approved by the Court, the settlement will provide a $17 million
fund to compensate class members for harms they alleged to have
suffered at RHC. A settlement approval hearing will be held at
Court on September 25, 2023, at which time the Court will consider
whether the settlement is fair, reasonable, and in the best
interests of the class and whether to approve the settlement
agreement. Collectively, the parties are pleased to conclude this
page of history and look to the future, building on the positive
changes that have been put in place over the past few years at the
Restigouche Hospital Centre, which continues to strive to provide
care and services that best meet the needs of the patients.
The Court has not decided which side is right or that the
Defendants have done anything wrong. The proposed settlement is
also not an admission of liability or wrongdoing by the Defendants
with respect to the allegations found in the lawsuit. Trials can be
expensive and may take years before a final decision on who is
right or wrong is made. By agreeing to the proposed settlement, the
Representative Plaintiffs, Class Members and the Defendants avoid
the expenses, uncertainties and delays that come with a trial. The
settlement agreement provides for a streamlined, paper-based claims
assessment process which allows class members to seek compensation
without having to go to court.
The settlement agreement is subject to approval by the Court.
Notice of the class action can be found at
www.RestigoucheHospitalCentreClassAction.ca. The notices explain
Class members' rights, including details of the proposed
settlement. The notices provide information on Class Members'
rights and steps Class Members must take if they wish to remove
themselves from the lawsuit or if they wish to object to the
proposed settlement. The notices also provide instructions on how
to make a claim if the settlement is approved.[GN]
RUG ARTISAN CORP: Vachnine Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Rug Artisan Corp. The
case is styled as Ness-Lee Vachnine, on behalf of himself and all
others similarly situated v. Rug Artisan Corp., Case No.
1:23-cv-05446 (S.D.N.Y., June 27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Rug Artisan -- https://www.rugartisan.com/ -- specialize in
creating custom rugs that are tailored to clients' unique
preferences and needs.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
SADDLE ROCK, NY: Jacobi Sues Over Enforcement Ticketing Program
---------------------------------------------------------------
Sharok Jacobi and Chedva Benelyahou, individually and on behalf of
all others similarly situated, Plaintiffs v. Village of Saddle
Rock, Defendant, Case No. 609519/2023 (N.Y. Sup., Nassau Cty., June
16, 2023) is a class action against the Defendant for unjust
enrichment and for violation of the New York Civil Rights Law and
the New York State Constitution.
The complaint alleges the Defendant's operation of an unlawful
photo enforcement ticketing program at the expense of motorists,
including Plaintiffs, to benefit itself under the guise of traffic
safety. The photo enforcement program was established without a
basis in law because it is contrary to the will and intent of the
State Legislature and the authority granted to villages under state
law.
The Plaintiffs' due process was violated because of the conflict of
interest created by the Village's reliance on revenue from
automated enforcement tickets and its responsibility to govern in
the interest of its citizens, regardless of the efficacy of its
program, says the suit.
Saddle Rock is a village on the Great Neck Peninsula in the Town of
North Hempstead, in Nassau County, on the North Shore of Long
Island, in New York.[BN]
The Plaintiffs are represented by:
pencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck, NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
SAMPSON BLADEN: Faces Gbete Suit Over Labor Law Violations
----------------------------------------------------------
JEANNE LYLIANE GBETE, on behalf of herself and all others similarly
situated, Plaintiff v. SAMPSON BLADEN OIL COMPANY, INC. D/B/A
HAN-DEE HUGO'S, Defendant, Case No. 5:23-cv-00355-BO (E.D.N.C.,
June 27, 2023) arises out of the Defendant's violations of the Fair
Labor Standards Act and the North Carolina Wage and Hour Act.
Plaintiff Gbete worked as a store manager for Defendant at their
stores in North Carolina from approximately June 2016 until January
2022. She alleges that the Defendant failed to compensate her for
statutory overtime hours worked at the appropriate overtime rate in
violation of the FLSA. Among other things, Gbete asserts that the
Defendant also violated the recordkeeping provisions of the NCWHA.
Sampson Bladen Oil Co. operates petroleum industry businesses,
including convenience stores, dealer service, fuel service,
lubricant distribution, transport, and more. According to its
website, Defendant operates approximately 120 gas stations,
convenience stores, dealer services, etc., in North Carolina. [BN]
The Plaintiff is represented by:
Gilda A. Hernandez, Esq.
Hannah B. Simmons, Esq.
THE LAW OFFICES OF GILDA A. HERNANDEZ, PLLC
1020 Southhill Drive, Suite 130
Cary, NC 27513
Telephone: (919) 741-8693
Facsimile: (919) 869-1853
E-mail: ghernandez@gildahernandezlaw.com
hsimmons@gildahernandezlaw.com
SAN DIEGO COUNTY, CA: Provisional Class Certification Sought
------------------------------------------------------------
In the class action lawsuit captioned as DARRYL DUNSMORE, ANDREE
ANDRADE, ERNEST ARCHULETA, JAMES CLARK, ANTHONY EDWARDS, LISA
LANDERS, REANNA LEVY, JOSUE LOPEZ, CHRISTOPHER NELSON, CHRISTOPHER
NORWOOD, JESSE OLIVARES, GUSTAVO SEPULVEDA, MICHAEL TAYLOR, and
LAURA ZOERNER, on behalf of themselves and all others similarly
situated, v. SAN DIEGO COUNTY SHERIFF'S DEPARTMENT, COUNTY OF SAN
DIEGO, SAN DIEGO COUNTY PROBATION DEPARTMENT, and DOES 1 to 20,
inclusive, Case No. 3:20-cv-00406-AJB-DDL (S.D. Cal.), the Parties
ask the Court to enter an order granting the Plaintiffs' motion for
provisional class certification for settlement purposes only, with
certification of the Incarcerated People with Hearing and/or
Mobility Disabilities subclass defined as:
"all qualified individuals with a hearing and/or mobility
disability, as that term is defined in 42 U.S.C. section 12102,
29
U.S.C. section 705(9)(B), and California Government Code section
12926(j) and (m), and who are now, or will be in the future,
incarcerated in the Jail."
On April 25, 2023, the Plaintiffs filed Motions for Preliminary
Injunction and Provisional Class Certification) seeking to ensure
that the Defendants:
(1) provide incarcerated people with hearing disabilities
effective
communication through sign language interpretation; and
(2) house incarcerated people with mobility disabilities in
accessible locations, where they can safely access sleeping,
toileting, and showering facilities, in compliance with the
Americans with Disabilities Act, the Rehabilitation Act, and
California Government Code Section 11135 (ADA).
On May 17, 2023, the County of San Diego opposed the motions, on
the grounds that many of the factual allegations were incorrect and
because the County was already in the process of renovating its
policies and facilities.
San Diego County Sheriff’s Department provides general law
enforcement, detention and court services for the people of San
Diego County.
A copy of the Parties' motion dated June 20, 2023, is available
from PacerMonitor.com at https://bit.ly/43029iM at no extra
charge.[CC]
The Plaintiffs are represented by:
Gay C. Grunfeld, Esq.
ROSEN BIEN GALVAN & GRUNFELD LLP
01 Mission St 6th floor
San Francisco, CA 94105
Telephone: (415) 433-6830
The Defendant are represented by:
Elizabeth M. Pappy, Esq.
BURKE, WILLIAMS & SORENSEN, LLP
501 W. Broadway Suite 1600
San Diego, CA 92101
Telephone: (619) 814-5800
SAN DIEGO COUNTY, CA: Sheriff's Department Settles COVID Class Suit
-------------------------------------------------------------------
timesofsandiego.com reports that the San Diego County Sheriff's
Department has agreed to adopt measures aimed at mitigating the
risk of COVID-19 transmission in jails, following a settlement
approved.
The case stemmed from a class-action lawsuit that challenged jail
coronavirus protocols.
The lawsuit, filed in 2021, alleged that sheriff's officials were
not taking enough steps to protect inmates from contracting
COVID-19, especially those who were particularly vulnerable to
infection.
Through October of last year, more than 4,600 people tested
positive for COVID-19 in the county's jails and at least six died
of the virus, according to attorneys representing a group of
inmates who filed suit.
Per the settlement agreement, the sheriff's department has agreed
to several measures, which include:
making a prompt determination of whether people held in the jails
are at heightened risk for severe illness or death due to COVID-19,
and to promptly place those at high risk into more protective
housing;
providing access to COVID-19 tests with prompt notification of test
results;
distributing masks consistent with CDC standards;
ensuring regular access to soap and cleaning supplies, and
providing clear COVID-19 vaccine information, developed by health
professionals at UC San Francisco specifically for people who are
incarcerated.
In a statement, the sheriff's officials said, "Ensuring the safety,
security, health and well-being of individuals in our county jails
will always be a priority for the San Diego County Sheriff's
Department. Throughout the COVID-19 pandemic, the sheriff's
department took proactive steps to ensure our seven detention
facilities followed strict guidelines to minimize the spread of
COVID-19."
Sheriff's officials said a number of safeguards were implemented to
address the virus, including vaccine availability for all people in
custody, special housing units to separate the sick from the
healthy, mask distribution, daily temperature checks and increased
cleaning and disinfecting.
Jonathan Markovitz, an attorney with the American Civil Liberties
Union, which represented the plaintiffs, along with two other law
firms, said, "Today is a good day because this settlement will
provide meaningful protection against COVID-19 transmission in the
San Diego County jails."
He and other attorneys who filed the lawsuit said the issues
highlighted in their complaint spoke to larger concerns regarding
county jail conditions and the number of deaths among incarcerated
people locally.
Genevieve Jones-Wright, executive director of Community Advocates
for Just and Moral Governance, said, "As we are on course for our
local jails to outpace the jail deaths at Rikers Island for a third
consecutive year, I see this settlement as one step of, hopefully,
many to hold our sheriff accountable for keeping incarcerated
persons in her department's care safe, healthy and alive." [GN]
SELECTQUOTE INC: Human Suit Removed to E.D. Missouri
----------------------------------------------------
The case is styled as Daniel Human, individually and on behalf of
all others similarly situated v. SelectQuote, Inc., Timothy Danker,
Chief Executive Office; InsideResponse LLC, Eric Hazen, Founder and
Board Member; InsideResponse LLC; InsideResponse, LLC doing
business as: LeadstoClose.com; Eric Hazen, Founder and Board
Member; Trevor Nohe, President; Blake Kauk, President; Paul
Richardson, President of Calls and Transfers; Ryan Wasinger,
President of Clicks and Leads; John and Jane Telemarketers Doe,
1-50; Allied Financial Services, LLC doing business as: Allied
Insured Partners; Eric Hazen, Founder and Chief Executive Officer;
John and Jane Telemarketers Doe, 1-50; Case No. 23SL-CC02138 was
removed from the Twenty-First Judicial Circuit, St. Louis City,
Missouri, to the U.S. District Court for the Eastern District of
Missouri on June 27, 2023.
The District Court Clerk assigned Case No. 4:23-cv-00826-PLC to the
proceeding.
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
SelectQuote -- https://www.selectquote.com/ -- can be a one-stop
for life, auto insurance, home insurance, Medicare insurance and
more.[BN]
The Plaintiff is represented by:
Edwin V. Butler, II, Esq.
BUTLER LAW GROUP LLC
1650 Des Peres Road, Suite 220
Des Peres, MO 63131
Phone: (314) 504-0001
Email: edbutler@butlerlawstl.com
The Defendants are represented by:
Michael S. Hamlin, Esq.
NICHOLS LANG LLC
1795 Clarkson Rd., Suite 230
Chesterfield, MO 63017
Phone: (314) 429-1515
Fax: (314) 428-9592
Email: mike@nlh-law.com
ST. JOSEPH COUNTY, IN: Suit Aims to Avert Portage Manor Closure
---------------------------------------------------------------
Maura Johnson, writing for abc57, reports that a class action
lawsuit was filed against St. Joseph County and some county leaders
on behalf of Portage Manor residents to keep the county from
shutting down the healthcare facility, according to court
documents.
The lawsuit was specifically filed against Board of Commissioners
President Carl Baxmeyer and County Council President Mark Root. St.
Joseph County was also named a defendant.
Residents are suing the county for how governing bodies are
handling the closure of the building.
On June 6, the St. Joseph County Board of Commissioners approved a
resolution to close Portage Manor in a 2-1 vote.
On June 13, the St. Joseph County Council approved commissioners'
decision in a 5-4 vote.
A press release was originally sent on February 7 announcing the
facility's closure.
The lawsuit states that county and county leaders violated a number
of residents' rights, including Article 1 Sections 12 and 23 of the
Indiana Constitution and Indiana common law, by closing Portage
Manor and requiring residents to move to "unknown facilities in
unknown locations" (page 2).
Plaintiffs also sight discrimination by the county, as referenced
in Title II of the ADA, Section 504 of the Rehabilitation Act, the
Federal Nursing Home Reform Act, and the Fourteenth Amendment of
the U.S. Constitution.
Residents fear the places county leaders have intended to move
residents to do not have the care capacity to properly look after
residents' needs, according to the lawsuit.
One resident, named as a plaintiff in the lawsuit, has 21
diagnoses, including Asperger's syndrome and bipolar disorder.
Residents claim Portage Manor provides two essential services to
residents and families:
Medication management, which includes the secure storage and proper
administration of medicine
24/7 nursing/QMA staff, which the lawsuit claims many Residential
Care Assistance Program facilities don't offer
For context, the Residential Care Assistance Program (RCAP)
provides financial help to residents who can't live in their homes
because of age, mental illness or physical disability but don't
need the level of care offered in a nursing home. A subset of those
with a mental disability are not supported by any other program
besides RCAP. Portage Manor is an RCAP provider.
Plaintiffs claim Commissioner Baxmeyer and Council President Root
acted intentionally, knowing their actions were illegal and are
choosing to close the building solely based on the residents'
disabilities (pages 14-16).
They also claim the board of commissioners approved the closure of
the building without telling residents and their families where
they would end up after the closure.
On June 14, commissioners said the facility will close on July 31,
as approved by the Indiana Department of Health. They also said,
however, that the closing date will be extended until appropriate
housing is found for all residents.
Plaintiffs in this lawsuit require a trial by jury where
applicable. [GN]
STA MANAGEMENT: Fails to Pay Proper Wages, Barker et al. Allege
---------------------------------------------------------------
JAMES BARKER, CHERI FRITTS, ARYN DELANEY, individually and on
behalf of similarly situated persons, Plaintiffs, v. STA
MANAGEMENT, LLC d/b/a "Domino’s Pizza," AMER ASMAR, NORTHWEST
PROFESSIONALS, LLC, HAYAT ASMAR, RANDY ASMAR, RONNIE ASMAR, RDR
SERVICES, LLC, DESIREE ASMAR, FOUNTAIN OAKS, LLC, PATRICK FISHER,
and DOES 1-10, Case No. 2:23-cv-11542-NGE-DRG (E.D. Mich., June 27,
2023) arises out of the Defendants' violations of the Fair Labor
Standards Act and the Michigan Wage Law.
The Plaintiffs, individually and on behalf of all other similarly
situated delivery drivers, alleges that the Defendants use a flawed
method to determine reimbursement rates that effectively reduces
their wages below the federal and state minimum wage during some or
all workweeks. The Defendants' delivery driver reimbursement policy
reimburses drivers on a per-delivery basis, but the per-delivery
reimbursement equates to below the Internal Revenue Service's
business mileage reimbursement rate or any other reasonable
approximation of the cost to own and operate a motor vehicle, says
the suit.
James Barker was employed as a delivery driver at Defendants' store
#1010 (located at 41728 West Ten Mile Road, Novi, MI) and store
#1041 (located at 40420 Five Mile Road, Northville, MI) from
November 1, 2017, to March 15, 2022.
STA Management, LLC is a Michigan limited liability company, which
is located in the Eastern District of Michigan. Founded in 2009,
the company was the 10th largest Domino's Pizza franchisee in the
nation. [BN]
The Plaintiffs are represented by:
David M. Blanchard, Esq.
BLANCHARD & WALKER, PLLC
221 N. Main Street, Suite 300
Ann Arbor, MI 48104
Telephone: (734) 929-4313
E-mail: blanchard@bwlawonline.com
- and -
Katherine Serrano, Esq.
J. Forester, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul St., Ste. 700
Dallas, TX 75201
Telephone: (214) 210-2100
Facsimile: (214) 346-5909
E-mail: kserrano@foresterhaynie.com
jay@foresterhaynie.com
TELEFLEX INC: Annual Meeting Actions "Invalid," Ayers Suit Claims
-----------------------------------------------------------------
PATRICK AYERS, on behalf of himself and all others similarly
situated, Plaintiff v. LIAM J. KELLY, GRETCHEN R. HAGGERTY, JAEWON
RYU, CANDACE H. DUNCAN, STEPHEN K. KLASKO, STUART A. RANDLE, JOHN
C. HEINMILLER, ANDREW A. KRAKAUER, NEENA M. PATIL, GEORGE BABICH,
JR., and TELEFLEX INCORPORATED, Defendants, and TELEFLEX
INCORPORATED, Nominal Defendant, Case No. 2023-0655 (Del. Ch., June
26, 2023) is a class action against the Defendants for violation of
the Delaware General Corporation Law (DGCL), breach of fiduciary
duty, and unjust enrichment.
The Plaintiff brings this class and derivative action on behalf of
himself, other Teleflex stockholders, and the company against
Teleflex's board of directors by scheduling the 2023 annual meeting
of Teleflex stockholders 63 days before the latter date. According
to Section 213(a) of DGCL, a record date shall not be more than 60
nor less than 10 days before the date of such meeting. The
Plaintiff therefore brings this action for a judicial declaration
that the 2023 Annual Meeting was held in violation of Delaware law
and that all actions taken at the meeting are invalid. In addition,
the Plaintiff seeks disgorgement or cancellation of invalid stock
issuances under the Teleflex Incorporated 2023 Stock Incentive
Plan.
Teleflex Incorporated is a provider of medical technology products,
with its principal place of business in Wayne, Pennsylvania. [BN]
The Plaintiff is represented by:
Peter B. Andrews, Esq.
Craig J. Springer, Esq.
David M. Sborz, Esq.
Andrew J. Peach, Esq.
Jackson E. Warren, Esq.
ANDREWS & SPRINGER LLC
4001 Kennett Pike, Suite 250
Wilmington, DE 19807
Telephone: (302) 504-4957
- and -
William J. Fields, Esq.
Christopher J. Kupka, Esq.
Samir Shukurov, Esq.
FIELDS KUPKA & SHUKUROV LLP
1441 Broadway, 6th Floor #6161
New York, NY 10018
Telephone: (212) 231-1500
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Telephone: (484) 324-6800
TELEPERFORMANCE SE: Misled Investors Over Working Conditions
------------------------------------------------------------
Niamh McIntyre, writing for the Bureau of Investigative Journalism,
reports that a lawsuit has been filed against the global
outsourcing giant Teleperformance alleging that the company's
growth was partly dependent on its workers engaging in
"inappropriate, traumatic, abusive, and potentially criminal
activities."
The class action case claims that Teleperformance misled investors
over working conditions for its content moderators, who were
subject to "widespread occupational trauma without psychological
support . . . extensive surveillance, and aggressive union-busting
tactics".
The case relies substantially on an investigation by TBIJ and TIME
into conditions for Teleperformance workers in Colombia , who
provided content moderation services for TikTok. These workers
earned as little as $10 per day and were required to watch videos
depicting murder, suicide and child abuse as part of their duties.
The case also refers to a Forbes investigation that found content
moderators had been trained with child sexual abuse material
(CSAM), and that the handling of such material potentially violated
US law. A Teleperformance spokesperson said an internal audit
"found no evidence of the use of or access to CSAM images in
training".
After TBIJ's investigation was published, Edwin Palma Egea, the
Colombian labour vice-minister, opened a government inquiry into
Teleperformance. In the aftermath of that announcement, the
company's share price fell by a third in a day, although it has
since recovered.
The class action is being brought by Teleperformance shareholders
who invested between July 2020 and November 2022, including the
City of Warren General Employees' Retirement System. The lawsuit
argues that content moderation was a significant factor in
Teleperformance's growth over the period, and that public
statements it made about moderators' working conditions were false
or misleading.
These included "Great Place to Work" certifications, and comments
made by the company's CEO, Daniel Julien, on a 2021 earnings call.
Then, he said the company's purpose was "to be a force of good . .
. for the employees and the communities where we operate".
Lawyers for the shareholders said Teleperformance "suffered severe
reputational fallout and investor backlash . . . inflicting
substantial economic losses and damages on Class members" after the
publication of the TBIJ and Forbes investigations.
In December, the company, which is based in Paris, signed an
agreement with trade union federation UNI Global to improve labour
rights for its 440,000 staff in 88 countries. It has also signed an
additional agreement covering its 40,000 Colombian workers.
Teleperformance had previously filed a legal claim against a
Colombian union in a move described by UNI Global as an attempt to
intimidate those who had not yet joined, while eyewitnesses also
told TBIJ they had seen union organisers harassed by security staff
outside the company's offices in Bogotá.
Teleperformance did not respond to a request for comment. [GN]
TERRY KOKOLIS: Court Tosses Turner's Bid to Certify Class Action
----------------------------------------------------------------
In the class action lawsuit captioned as DEON ARNELL TURNER, v.
TERRY KOKOLIS, et al., Case No. 1:23-cv-00555-JRR (D. Md.), the
Hon. Judge Julie R. Rubin entered an order that:
1. Turner's motion to proceed in forma pauperis is granted;
2. Turner's motion for the appointment of counsel is denied;
3. Turner's motion to certify his complaint as a class action is
denied;
4. The Clerk is directed to remove proposed the Plaintiffs "John
Doe Detainees/Inmates" and "Jane Doe Detainees/Inmates" from
the
docket.
5. Turner's Complaint is dismissed as to all claims and all the
Defendants; and
6. The Clerk is directed to close this case.
A copy of the Court's order dated June 14, 2023 is available from
PacerMonitor.com at https://bit.ly/44bWfME at no extra charge.[CC]
TOP FLITE: Agrees to $275,000 Class Action Settlement in CIPA Suit
------------------------------------------------------------------
Top Flite Financial has agreed to a $275,000 class action
settlement to resolve claims it recorded phone calls without
consent, an alleged violation of California's Invasion of Privacy
Act (CIPA).
The class is made up of anyone involved in a conversation with Top
Flite Financial that was recorded by telephone or other device,
without consent, between April 8, 2019, to June 7, 2019.
Current or former employees, officers, directors, agents or legal
representatives of Top Flite Financial or its affiliated entities
are excluded from the class.
The class action lawsuit alleged Top Flite Financial violated CIPA
by recording telephone calls to individuals' phones without their
consent.
Top Flite Financial, founded in December 2002, is a Fannie Mae
Direct mortgage lender that operates nationwide.
The defendant has denied any wrongdoing but has agreed to settle
the class action lawsuit.
Under the terms of the settlement, class members who submit a valid
and timely claim form will receive a pro rata payment based on the
total number of valid claim forms submitted.
No payment estimates are available.
The deadline to request to be excluded from or to object to the
settlement is July 3, 2023.
A final fairness hearing is scheduled to take place
The deadline to submit a claim is July 3, 2023. Anyone whose notice
was initially returned as undeliverable and was re-mailed to an
updated address has until July 18, 2023, to submit an exclusion
request, objection or claim form.
Who's Eligible
Anyone involved in a conversation with Top Flite Financial that was
recorded by telephone or other device, without consent, between
April 8, 2019, to June 7, 2019.
Potential Award
TBD
Proof of Purchase
No proof of purchase is applicable; however, class members must
provide the phone number that received communication from Top Flite
Financial Inc.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
07/03/2023
Case Name
Terry Fabricant v. Top Flite Financial Inc., Case No. 20STCV13837,
in the Superior Court of California, County of Los Angeles
Final Hearing
08/24/2023
Settlement Website
TFCIPASettlement.com
Claims Administrator
Fabricant v. Top Flite Claims Administrator
PO Box 4386
Baton Rouge, LA 70821
info@TFCIPASettlement.com
844-524-1520
Class Counsel
LAW OFFICES OF TODD M FRIEDMAN PC
Defense Counsel
Frances O'Meara
Mindy Bae Kulikov
WOOD SMITH HENNING & BERMAN LLP [GN]
TRESTLES LLC: Bowens Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Trestles LLC, et al.
The case is styled as Dorothea Bowens, and all persons similarly
situated v. Trestles LLC, Does 1-50, Case No. 23CV003757 (Cal.
Super. Ct., Sacramento Cty., June 27, 2023).
The case type is stated as "Other Employment Complaint Case."
Trestles, LLC -- https://www.trestlesllc.com/ -- is a
tennessee-based professional engineering and consulting firm.[BN]
TW SERVICES INC: Schuck Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against TW Services, Inc. The
case is styled as Garrett Schuck, individually and on behalf of all
others similarly situated v. TW Services, Inc., Case No.
STK-CV-UOE-2023-0006580 (Cal. Super. Ct., San Joaquin Cty., June
27, 2023).
The case type is stated as "Unlimited Civil Other Employment."
TW Services, Inc. -- https://www.twserviceinc.com/ -- is a
distribution service in Fullerton, California.[BN]
The Plaintiff is represented by:
Jessica L. Campbell, Esq.
AEGIS LAW FIRM
9811 Irvine Center Dr., Ste. 100
Irvine, CA 92618
Phone: 949-379-6250
Fax: (949) 379-6251
Email: jcampbell@aegislawfirm.com
UNION SECURITY: Must File Briefing by Sept. 28
-----------------------------------------------
In the class action lawsuit captioned as LEWIS-ABDULHAADI v. UNION
SECURITY INSURANCE CO., et al., Case No. 2:21-cv-03805 (E.D. Pa.,
Filed Aug. 25, 2021), the Hon. Judge Wendy Beetlestone entered an
order on motion to certify class:
-- No later than Sept. 28, 2023, the defendants shall file
briefing
on the question of standing; and
-- The plaintiff shall file a response no later than Aug. 18,
2023,
and, should they opt to do so, the defendants have until Sept.
1
to file a reply.
The Court further entered an order that the plaintiff's motion to
certify class is denied without prejudice with leave to refile
should the question of standing be decided in plaintiff's favor.
The suit alleges violation of the Employee Retirement Income
Security Act (ERISA).
Union Security operates as an insurance company.[CC]
UNIVERSITY OF IOWA: Former Workers Set to Get Settlement Payouts
----------------------------------------------------------------
Amie Rivers, writing for Iowa Starting Line, reports that several
thousand current and former employees of University of Iowa Health
Care (UIHC) should soon see at least a little cash coming their way
soon.
Six plaintiffs won their class-action lawsuit against UIHC in March
2022. US Southern District of Iowa Chief District Judge Stephanie
Rose gave preliminary approval to a settlement the parties agreed
on in October of last year.
It will mean $15 million being distributed among more than 11,000
current or former workers once it's finalized Aug. 23.
What happened?
The plaintiffs -- Melinda Myers, Barbara Stanerson, John Eivins,
Liv Kelly-Sellnau, Christopher Taylor, and Shuna Tosa -- brought
the suit against the Iowa Board of Regents, which oversees UIHC.
The suit was converted to class action, meaning it covered
thousands of health-care professionals as well as other types of
workers at the hospital system who experienced similar things.
In their suit, the six alleged that their employer's monthly pay
structure was in direct violation of Iowa's Wage Payment Collection
Law, which requires employers to pay workers within 12 business
days after the end of the period in which the wages were earned.
The settlement covers these workers as the Wages Class.
Plaintiffs also argued their accrued vacation and sick pay was not
paid out to employees in a timely matter. While Judge Rose did not
find evidence such payments were not paid timely, she approved a
settlement covering them as well. The settlement covers these
workers as the Termination Class.
Another class, the FLSA Class, covers UIHC workers who worked in
excess of 40 hours per week but were denied overtime.
Judge Rose found for the plaintiffs in March 2022 and noted UIHC
changed their pay structure in direct response to the lawsuit.
"Our suit changed the way they pay people," said Nate Willems, an
attorney with Rush Nicholson who represented the UIHC employees.
What will they get?
The settlement allocated a total of $15 million. Here's how that
breaks down:
Those in the Wages Class will receive their fair share of
$10,900,000, "based on adjustments and overtime pay they untimely
received and how much the member could hypothetically recover in
liquidated damages under Iowa Code," according to Judge Rose. Half
of those workers will receive less than $500, but just under 3%
will get a payout in excess of $5,000.
Around 3,590 people in the FLSA Class—those who didn't get
overtime correctly between January 2017 and November 2020—will be
paid $100 each.
Around 5,578 people in the Termination Class will be paid $50
each.
Each plaintiff will additionally get $10,000 "for work done on
behalf of the class" and "to make up for financial and reputational
risk undertaken in bringing the action," Judge Rose ordered.
Attorneys will receive 22.5% ($3,375,000). [GN]
US EXPRESS CARRIERS: Ballinger Suit Removed to C.D. California
--------------------------------------------------------------
The case captioned as Bruce Ballinger, as an individual and on
behalf of all others similarly situated v. US EXPRESS CARRIERS,
LLC, a Nevada Limited Liability Company; and DOES 1-100, inclusive,
Case No. CVRI2302357 was removed from the the Superior Court of
California, County of Riverside, to the United States District
Court for the Central District of California on June 27, 2023, and
assigned Case No. 5:23-cv-01241.
The Complaint alleges Defendant violated California law by: failing
to pay the minimum wage for non-driving time in violation of
California Labor Code; failing to provide accurate, itemized wage
statements in violation of California Labor Code; failing to timely
pay all wages due upon separation of employment in violation of
California Labor Code; failing to reimburse for work expenses in
violation of California Labor Code; and engaging in unfair business
practices in violation of California Business and Professions Code
(UCL).[BN]
The Defendant is represented by:
Christopher C. McNatt, Jr., Esq.
SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, LLP
2 North Lake Avenue, Suite 560
Pasadena, CA 91101
Phone: 626-795-4700
Fax: 626-795-4790
Email: cmcnatt@scopelitis.com
- and -
James A. Eckhart, Esq.
SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C.
10 West Market Street, Suite 1400
Indianapolis, IN 46204
Phone: 317-637-1777
Fax: 317-687-2414
Email: jeckhart@scopelitis.com
USAA CASUALTY: Settles Suit Over Underpaid Taxes in Auto Claims
---------------------------------------------------------------
Insurance Journal Staff Reports that a federal judge in Georgia has
given preliminary approval to a $2.3 million settlement in a
class-action lawsuit that charged USAA Casualty Insurance Co. with
underpaying for taxes on totaled vehicles.
"The Court finds, subject to the final fairness hearing . . . .
that the settlement agreement is fundamentally fair, adequate, and
reasonable," U.S. District Judge Leigh Martin May wrote in the
order.
The final hearing has been scheduled for Dec. 13.
Some 9,000 Georgia policyholders had joined the suit, one of
several class actions around the country that have been filed
against USAA, State Farm, Geico and other auto insurers. Lead
plaintiff Jahazel Black, of McDounough, Georgia, argued in the 2021
complaint that in her case, USAA reimbursed only $49.25 to cover
the ad valorem tax paid when Black purchased the vehicle.
That was well below the $345 that should have been paid under the
actual cash value terms of the policy and under Georgia law, the
plaintiff said. Other plaintiffs in the class had similar
underpayments, the complaint noted. In its answer to the suit, USAA
denied the allegations and said its ad valorem tax manual speaks
for itself.
USAA also must pay almost $573,000 in attorney fees, the court's
order notes.
The suit is similar to others that have alleged that auto insurers
have systematically underpaid taxes and fees to insured motorists,
which amount to a few hundred dollars per plaintiff. In August
2022, San Antonio-based USAA agreed to settle a class action suit
in Mississippi, which held that the insurer had underpaid on
hundreds of auto claims. The suit was handled by the same
plaintiffs' law firm that has led other class actions.
Geico Insurance in 2022 also was the subject of a similar class
action in Georgia. State Farm was sued in Illinois on similar
grounds. State Farm in 2022 also settled a class action brought in
Alabama, charging that the cost of labor on home repairs was
depreciated, something not allowed by state law.
But a Massachusetts judge denied class certification in a lawsuit
against Safety Insurance and Commerce Insurance, over the resale
value of repaired vehicles.
USAA officials could not be reached for comment about the Georgia
settlement. [GN]
V & P ALTITUDE: Alperovich Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------------
Yevgeniy Alperovich and Yuriy A. Vilinskiy, individually and on
behalf of all others similarly situated v. V & P ALTITUDE CORP.,
HENRY ASNES and PETER ASNES, Jointly and Severally, Case No.
1:23-cv-04804 (E.D.N.Y., June 27, 2023), is brought to recover
unpaid minimum wages and overtime premium pay owed to him pursuant
to both the Fair Labor Standards Act ("FLSA") and the New York
Labor Law ("NYLL"), and for failure to provide proper wage notices
and wage statements, pursuant to NYLL and the supporting
regulations.
For their work, and despite the fact that they typically worked in
excess of 40 hours each week, Plaintiffs were paid a fixed wage
twice a month and which at all times fell below the minimum wage.
The Defendants' payment schemes resulted in systemic underpayment
of wages to the Plaintiffs and the Defendants' other employees
(both hourly and salaried) in violation of federal and state wage
laws. The Plaintiffs regularly performed work for defendants'
benefit without compensation. The Defendants did not pay the
Plaintiffs overtime for the hours he worked for defendants' benefit
in excess of 40 hours in a workweek, says the complaint.
The Plaintiffs are former employees who worked for Defendants'
business as installers of shower doors, windows, store front glass
and glazing, and mirrors at various construction sites within New
York City, in both residential and commercial buildings.
The Defendants' business is a Contractor that operates within the
New York City area and specializes in, among other things, Design
and Engineering, Project Management, Glass and Glazing, window and
door installation and erection and sheet metal work.[BN]
The Plaintiff is represented by:
Marcus A. Nussbaum, Esq.
Ilya Fishkin, Esq.
LAW OFFICES OF ILYA FISHKIN, P.C.
169 Commack Road, Ste. H371
Commack, NY 11725
Phone: 201-956-7071
Fax: 347-572-0439
Email: marcus.nussbaum@gmail.com
VJ & H LTD: Faces Li Suit Over Nail Salon Workers' Unpaid Wages
---------------------------------------------------------------
WEIDONG LI, on his own behalf and on behalf of others similarly
situated, Plaintiff v. VJ & H, LTD d/b/a Nails Obsession, HUE THI
BACH NGUYEN a/k/a Hue Nguyen a/k/a Lili Nguyen, Defendants, Case
No. 8:23-cv-01633-TJS (D. Md., June 19, 2023) is a class action
brought by the Plaintiff against the Defendants for alleged
violations of the Fair Labor Standards Act, the Maryland Wage
Payment and Collection Law, and the Maryland Wage and Hour Law
arising from Defendants' various willful, malicious, and unlawful
employment policies, patterns and practices.
The Defendants have willfully, maliciously, and intentionally
committed widespread violations of the FLSA, MWCPL and the MWHL by
engaging in pattern and practice of failing to pay its employees,
including Plaintiff, minimum wage for each hour worked and overtime
compensation for all hours worked over 40 each workweek, says the
suit.
The Plaintiff was employed by the Defendants to work as a nail
salon worker from January 1, 2021 to January 31, 2021.
VH & H, LTD., d/b/a Nails Obsession, is a nail salon company.[BN]
The Plaintiff is represented by:
John Troy, Esq.
Aaron Schweitzer, Esq.
Tiffany Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
WALT DISNEY: Faces $150M+ Suit Over Female Workers' Discrimination
------------------------------------------------------------------
Dominic Patten at deadline.com reports that fireworks might be
about to go off at the Walt Disney Company this Fourth of July
weekend, at least legally.
More than four years after Walt Disney Studios staffers LaRonda
Rasmussen and Karen Moore first filed a complaint accusing the
Mouse House of discriminating against female workers by paying them
less than men, attorneys for the duo and other women are today
asking a California judge to allow them to turn the matter into a
class-action suit.
In a widely redacted filing on the potentially sprawling matter
(read it here), plaintiffs' attorney Lori Andrus and Joseph M.
Sellers and Christine E. Webber of D.C.-based Cohen Milstein
Sellers & Toll figuratively seek to make up for lost time by cut
straight to the chase:
Disney systematically pays women in California less than men. This
pay disparity is not based on legitimate factors, it is based on
sex, with a less than one in one billion chance it occurred in the
absence of discrimination. The class as a whole was thus deprived
of over $150 million in wages. Disney violated the Fair Employment
& Housing Act ("FEHA") because its common practices caused a
disparate impact on women. It also violated California's Equal Pay
Act ("EPA"), which does not require Plaintiffs to identify the
cause of the disparities, because it pays women less for
substantially similar jobs. Accordingly, Plaintiffs seek
certification of a class of non-union, female employees in
California, below the level of Vice President, challenging sex
discrimination in compensation at Disney on or after April 1,
2015.
The document goes on to add:
Only as a class can the women at Disney address wage gaps and
receive effective injunctive and monetary remedies. Injunctive
relief to address systematic disparities is unattainable through
individual actions as the scope of relief would be limited to the
scope of the violation shown, and an individual plaintiff would not
obtain the breadth of discovery of a class. And many class members
are unlikely to bring individual actions.
"We are pleased to be taking the next step in this important
litigation," Andrus told Deadline. "As our experts explain, women
who work for Disney face a persistent gender wage gap. Over the
last eight years, that has added up to more than $150 million in
stolen wages."
Big surprise (a.k.a. no surprise at all), Disney sees it
differently.
"The plaintiffs' assertions about an alleged pay gap between women
and men are simply false, which we will demonstrate through the
litigation," said Shawna M. Swanson, Associate General Counsel and
head of the employment law function for company this afternoon.
Since this case began in 2019, Disney has sought to swat away or
silence the initial plaintiffs' claims of institutional discrepancy
and move for back pay, lost benefits and other compensation as "an
assortment of individual claims, based on highly individualized
allegations" that are best addressed internally individually.
Still, the company has been unsuccessful in getting the matter
tossed out of court.
Perhaps even more unsettling to Disney is that portions of a 2017
pay-equity study the company conducted were allowed into this case,
as well as a boatload of other corporate documents – which is one
reason of filings are so heavily blacked out on almost every page.
According to the 28-page filing, the average discrepancy in wages
at Disney works out to about 2.5% less for women than men since
2017 (when the company stopped using prior salary levels as part of
"setting starting pay" and "the disparities in starting pay shrunk
substantially").
Even with what appears to be a lowest common denominator strategy
for apples to apples that the plaintiffs are taking, the numbers
escalate once put on a spreadsheet.
"There are 12,511 women employed at Disney in Covered Positions in
the Class Period, for an average of 4.38 years," says an expert
report from economics professor David Neumark from the University
of California, Irvine. "Thus, the estimated pay penalty implies
cumulative underpayment of covered women in the Class Period of
approximately $151.6 million," adds Neumark's regression model
analysis that accompanied the motion for class certification.
In a Hollywood already rocked by labor strife and deep job cuts,
that $151.6 million could get much bigger if this case doesn't go
Disney's way.
Were the suit to be certified as a class action by L.A. Superior
Court Judge Elihu M. Berle at a proposed November 15 hearing, and
were the plaintiffs to be successful at trial, that $151.6 million
could double to $300 million under stipulations of the Golden
State's Equal Pay Act. Also, the judge could add significant
further damages and sanctions.
Now, a 2.5% gap might not seem a lot, especially at a company where
the average pay is estimated to be $137,617 for men in the same
jobs as the proposed class. However, the apparent reality is
starting wages for females at at Disney are noticeably lower and a
2.5% difference (about $1,875) on pay of $75,000 or less truly does
cut into the take-home package after taxes, deductions and more.
For a variety of reasons, across the period stretching from 2015 to
now, the proposed class action does not include "Hulu, ESPN, Pixar,
21st Century (Fox), FX, National Geographic [or] Bamtech"
employees. Additionally, "bonuses and long-term incentive pay" have
not by probed by Neumark.
However, now taking direct reports from recently appointed SEVP and
Chief Human Resources Officer Sonia Coleman in such areas, past and
current CEO Bob Iger does get tainted in the filing for his "direct
control" role in the company. "In addition to controlling Disney's
organization into segments, the CEO exercises direct control over
many aspects of employment, including by directing the return to
in-person work, establishing a hiring freeze, imposing travel
restrictions, and, most recently, requiring layoffs," the filing
states. It calls out Iger and to some extent his successor and
predecessor Bob Chapek in Disney's systematic "global job
classification system and company-wide pay philosophy."
BTW – you might be wondering why this class-action certification
motion is only happening now after being first filed in April 2019.
Chalk it up to a combo of the Covid pandemic shutting down and then
backlogging the courts and the retirement of LASC Judge Daniel
Buckley from the bench and the case a couple of years ago. As the
plaintiffs took dozens of depositions, the matter was bounced
around from one judge to another before landing in Berle's
courtroom – which is where the action will be at that November
hearing. [GN]
WESTERN ASSET: Monteverde Investigates Proposed Terra Merger
------------------------------------------------------------
Juan Monteverde, founder and managing partner of the class action
firm Monteverde & Associates PC (the "M&A Class Action Firm"), a
national securities firm rated Top 50 in the 2018-2021 ISS
Securities Class Action Services Report and headquartered at the
Empire State Building in New York City, is investigating:
Western Asset Mortgage Capital Corp. (NYSE: WMC), relating to its
proposed merger with Terra Property Trust, Inc. Click here for more
information:
https://monteverdelaw.com/case/western-asset-mortgage-capital-corp.
It is free and there is no cost or obligation to you.
About Monteverde & Associates PC
We are a national class action securities and consumer litigation
law firm that has recovered millions of dollars for shareholders
and is committed to protecting investors and consumers from
corporate wrongdoing. Monteverde & Associates lawyers have
significant experience litigating Mergers & Acquisitions and
Securities Class Actions, whereby they protect investors by
recovering money and remedying corporate misconduct. Mr.
Monteverde, who leads the firm, has been recognized by Super
Lawyers as a Rising Star in Securities Litigation in 2013 and
2017-2019, an award given to less than 2.5% of attorneys in a
particular field. He has also been selected by Martindale-Hubbell
as a 2017-2020 Top Rated Lawyer. Our firm's recent successes
include changing the law in a significant victory that lowered the
standard of liability under Section 14(e) of the Exchange Act in
the Ninth Circuit. Thereafter, our firm successfully preserved this
victory by obtaining dismissal of a writ of certiorari as
improvidently granted at the United States Supreme Court. Emulex
Corp. v. Varjabedian, 139 S. Ct. 1407 (2019). Also, over the years
the firm has recovered or secured over a dozen cash common funds
for shareholders in mergers & acquisitions class action cases.[GN]
WESTERN CONFERENCE: Paieri Files Class Suit Under ERISA
-------------------------------------------------------
Michael Paieri, on behalf of himself and all others similarly
situated, Plaintiff v. Western Conference of Teamsters Pension
Trust; the Board of Trustees of the Western Conference of Teamsters
Pension Trust, Defendants, Case No. 2:23-cv-00922 (W.D. Wash., June
19, 2023) is brought by the Plaintiff under the Employee Income
Security Act for benefits and to declare his rights under the terms
of the Western Conference of Teamsters Pension Trust and to enforce
his rights and remedy violations of the Trust Plan and ERISA.
On behalf of himself and all others similarly situated, Plaintiff
alleges, inter alia, that Defendants adopted and imposed
retroactively and continue to impose amendments that violate ERISA
by purporting to restrict the scope of employment that retired
participants may engage in both before and after attainment of
normal retirement age; that Defendants violated ERISA rules
governing the nonforfeitability of vested benefits; that Defendants
violated ERISA's joint and survivor annuity and non-forfeiture
rules by failing to joint and survivor benefits including optional
forms benefits and Benefit Adjustment Option benefits that are
actuarially equivalent to the single annuity form of benefits, that
Defendants breached their fiduciary duties and that with respect to
Plaintiff, Defendants violated the terms of the Plan, failed to
maintain and follow reasonable claims procedures and failed to
provide Plan documents that Defendants were required to provide in
response to Plaintiff's written requests.
From 1983 to the present, Plaintiff Paieri was employed under
agreements between his employers and Local 87 of the International
Brotherhood of Teamsters pursuant to which the employer contributed
to the Western Conference of Teamsters Pension Trust.
Defendant Plan is a defined benefit employee pension benefit plan
within the meaning of section 3(2) of ERISA.[BN]
The Plaintiff is represented by:
Michael M. Licata, Esq.
MARTIN & BONNETT, P.L.L.C.
999 N. Northlake Way, Suite 206B
Seattle, WA 98103
WEXFORD HEALTH: Filing for Class Cert. Bid Due July 14
------------------------------------------------------
In the class action lawsuit captioned as Swearingen v. Wexford
Health Sources Inc., Case No. 3:22-cv-03242 (C.D. Ill., Filed Nov.
15, 2022), the Hon. Judge Colleen R. Lawless entered an order as
follows:
-- The Plaintiff's motion for class July 14, 2023
certification is due:
-- The Defendant is to respond by: July 28, 2023
-- The Plaintiff is to reply to the August 4, 2023
response by:
The nature of suit states Labor Litigation.
Wexford is a healthcare services company headquartered in Foster
Plaza Two in Green Tree, Pennsylvania, near Pittsburgh.[CC]
XPONENTIAL FITNESS: Rosen Law Probes for Securities Claims
----------------------------------------------------------
WHY: Rosen Law Firm, a global investor rights law firm, announces
an investigation of potential securities claims on behalf of
shareholders of Xponential Fitness, Inc. NYSE: XPOF) resulting from
allegations that Xponential Fitness may have issued materially
misleading business information to the investing public.
SO WHAT: If you purchased Xponential Fitness securities you may be
entitled to compensation without payment of any out of pocket fees
or costs through a contingency fee arrangement. The Rosen Law Firm
is preparing a class action seeking recovery of investor losses.
WHAT TO DO NEXT: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=17334 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.
WHAT IS THIS ABOUT: On June 26, 2023, market analyst Fuzzy Panda
Research issued a report entitled "Xponential Fitness (XPOF) -
"Abusive Franchisor That Is A House of Cards". The report alleged
that Xponential's CEO, Anthony Geisler, "has a long history of
misleading investors and business partners", including engaging in
pump and dump schemes. The report stated that he'd been previously
accused by former business associates of engaging in "scams" and
"illegal business practices", and alleged that he even threatened a
process server with a gun. In addition, the report alleged that the
company's financials are less healthy than it has represented to
investors, that it is likely violating its debt agreements, and,
contrary to Geisler's claim that Xponential has "never closed a
store", that there were many closed Xponential locations.
On this news, the price of Xponential Fitness stock plummeted by
$9.39 a share, or 37.4%, to close at $15.72 on June 27, 2023.
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 litigate securities class actions. 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.
Attorney Advertising. Prior results do not guarantee a similar
outcome. [GN]
[*] Canadian Car Makers Agree to Settle Price Fixing Suits for $78M
-------------------------------------------------------------------
cbc.ca reports that courts in three provinces have approved
settlements of 23 Canadian class-action lawsuits worth $78 million
in a series of cases alleging some auto-parts makers cheated car
manufacturers, businesses and new-car buyers in a price-fixing
scheme dating back nearly two decades.
The settlements, approved by courts in Ontario, B.C. and Quebec,
are the latest in a series of class actions in Canada that allege a
vast conspiracy to fix prices on a laundry list of 45 auto parts.
They range from air conditioners to braking systems, ignition
coils, door latches and throttle controls installed in new vehicles
over an 18-year period.
Businesses and consumers who bought or leased new vehicles sold
between July 1, 1998, and Sept. 30, 2016, are eligible to receive
$25 per claim in compensation for the following brands:
Aston Martin.
BMW/Mini Cooper.
Chrysler/Dodge/Fiat/Jeep/Ram.
Ford/Lincoln/Mercury.
General Motors
(Buick/Cadillac/Chevrolet/Daewoo/GMC/Hummer/Isuzu/Oldsmobile/Pontiac/Saab/Saturn).
Honda/Acura.
Jaguar/Land Rover.
Mazda.
Nissan/Infiniti.
Subaru.
Toyota/Lexus.
Volkswagen/Audi/Porsche and Volvo.
Lawyers in the class action stress no wrongdoing has been alleged
by the automakers. Rather, it was the auto-parts companies that are
alleged to have cheated everyone along the supply chain, starting
with the manufacturers.
A list of parts, their manufacturers and the individual settlements
in the case can be found here.
Some companies could claim upwards of $10K
Linda Visser is a partner with London, Ont.-based Siskinds LLP, one
of the law firms involved in the class action cases.
Visser told CBC News the automakers were the first purchasers of
the price-fixed parts and were ordered by the court to provide
customer information in order to provide notice about the
settlement.
"They maintain a lot of this information for warranty purposes. So
we were able to access that information to help with the claims
administration process to make it easier for people to file claims,
including the dealers and the end purchasers of new vehicles."
Anyone who applies through the class action's website is eligible
to receive up to $25 per claim, according to Visser. While
consumers might expect to get less than $100, some businesses —
including dealerships and car rental companies — can expect to
collect up to $10,000 depending on the volume of cars they've
purchased.
Visser said the alleged conspiracy was likely discovered when one
of the alleged conspirators went to the authorities in exchange for
amnesty, similar to the way the Competition Bureau discovered
Canada's infamous bread price-fixing conspiracy after it was
reported by Weston and Loblaws, two of the alleged perpetrators.
"It's the same basic concept," she said. "One of the involved
companies, their legal department gets a hold of it. In exchange
for giving up the story, they get immunity."
According to the settlement website, anyone who bought a new car
must rely on customer information provided by the automakers as
proof of purchase. Anyone eligible will be notified by email or
letter between June 28 and July 12 with a user ID and password to
access their information.
Car owners who did not receive a notification during that time are
asked to check their "junk" or "spam" folders.
Lawyers involved in the case say there will be one more settlement
coming and that those eligible would be notified, but gave no date
for when the court would issue a decision. [GN]
*********
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
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2023. All rights reserved. ISSN 1525-2272.
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