/raid1/www/Hosts/bankrupt/CAR_Public/231011.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, October 11, 2023, Vol. 25, No. 204
Headlines
3 COMMAS TECHNOLOGIES: Tritt Files Suit in N.D. California
3M COMPANY: Batiste Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Boehm Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Brasel Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Calloway Sues Over Exposure to Toxic Chemicals
3M COMPANY: Capuano Sues Over Exposure to Toxic Chemicals
808 LEX RESTAURANT: Fails to Properly Pay Servers, Tenezaca Claims
AFFORDABLE DENTURES: Faces Class Suit Over Dental Negligence
ALCOHOL MONITORING: Hurtado Files Suit in D. Colorado
ALLSTATE VEHICLE: Mermigas Alleges Insurance Rate Overcharging
ALTICE USA: Seale Suit Removed to D. New Jersey
AMERICAN INTERNATIONAL: Moriarty Insurance Claim Suit Ongoing
BAKERY BOYS: Tenesaca Sues Over Unpaid Wages for Bakery Staff
BANK OF AMERICA: Chen Suit Removed to S.D. California
BAUSCH HEALTH: Faces Consolidated Antitrust Suit
BAUSCH HEALTH: Faces Eaton Antitrust Suit
BERRY CORPORATION: To Settle Shareholder Suit
BIENVILLE ORTHOPAEDIC: Harris Files Suit in S.D. Mississippi
BLUE CROSS: Massachusetts Laborers' Files Suit in Mass. Super. Ct.
BLUEGREEN VACATIONS: Louis MLA-Related Suit Ongoing
BLUEGREEN VACATIONS: Wijesinha TCPA Suit Ongoing
CAMPING WORLD: To Settle Data Breach Suit
CENTRA HEALTH: Esposito Suit Seeks Proper Overtime Wages
CENTURION CONSULTING: Zuniga Suit Removed to C.D. California
CHUBB LTD: Purcell Suit Transferred to N.D. California
CITI TRENDS: Matousek Files Suit in S.D. Georgia
COMPLETE CARE: Faces Pratt Wage-and-Hour Suit in D. New Jersey
CONDUENT INC: To Settle Securities Suit Over Employees' Fund
COOK COUNTY, IL: Conditional Certification Denied to Jail Guards
CRAFTED BRAND: Scheibe Sues Over Mixers' No Preservatives Claim
CVS HEALTH: Tablet Phenylephrine Drug "Ineffective," Kleiman Says
CVS PHARMACY: Faces Nitto Suit Over Nasal Decongestants' False Ads
DD LOGISTICS: Fazlovic Sues Over Labor Law, Civil Rights Violations
DEIVI: Wilshire Law Suit Removed to E.D. California
EL CENTRO DEL BARRIO: Johnson Files Suit in W.D. Texas
ELEVATING SALES: Teplow Sues Over Refusal to Pay Overtime Wages
EMPIRE CHAUFFEUR: Davis Suit Removed to C.D. California
EMS MANAGEMENT: Fails to Secure Customers' Info, Turnage Claims
EMS MANAGEMENT: O'Neal Files Suit in D. North Dakota
EMTEC INC: Velayudhan Sues Over Cyberattack and Data Breach
EQUITY NATIONAL: Jaraczewski Files Suit in W.D. Pennsylvania
F.D. THOMAS INC: Salazar Files Suit in Cal. Super. Ct.
FFE TRANSPORTATION: Estrada Sues Over Labor Code Violations
FIESTA RESTAURANT: Misleads Shareholders to OK Merger, Zappia Says
FITNESS MEMBER: Barrientos Files Suit in N.D. Illinois
FLORIDA HEALTH: Robbins Suit Removed to M.D. Florida
FORD MOTOR: Childress Suit Removed to C.D. California
FRESHWORKS INC: Consolidated Shareholder Suit Stayed
GOOD SPREAD INC: Luis Files ADA Suit in S.D. New York
GRIFFIN HOSPITAL: Settles Class Suit Over Reused Insulin Pens
GRUBHUB HOLDINGS: Villaescusa Suit Removed to C.D. California
GUIDING HANDS: Trenchfield Sues Over Failure to Provide Meal Period
HEARTLAND BANK: Settlement in Principle Reached in DeBaere Suit
HEARTLAND BANK: Settlement in Principle Reached in Miller Suit
HOLZ RUBBER COMPANY: Pardee Files Suit in Cal. Super. Ct.
HORIZON BANCORP: Hundley Futures Files Suit in E.D. New York
HUB INTERNATIONAL: Ries Files Suit in N.D. Illinois
JET AVIATION: Kapitanski Suit Removed to N.D. California
JOHNSON & JOHNSON: Joyner Balks at Tylenol Sinus' False Ads
JOHNSON & JOHNSON: Lawrence Balks at Benadryl's False Ad
KAPPO MASA: Faces Class Suit Over Underpaid Employees
KONICA MINOLTA: Davies Seeks to Recover Proper Overtime Pay
KRAFT HEINZ: Settlement in UAMH Suit Gets Initial Nod
LIBERTY MOUNTAIN: Bassaw Files ADA Suit in S.D. New York
LYON REAL ESTATE: Bohannon Files Suit in Cal. Super. Ct.
MAERSK INC: Former Employee Sues Over 401(k) Fees, Uneven Charges
MAPFRE USA: Ray Sues Over Unauthorized Access of Drivers' Info
MARRIOTT INTERNATIONAL: Hall Suit Removed to S.D. California
MDL 2873: AFFF Products Can Cause Cancer, Curnel Suit Alleges
MDL 2873: AFFF Products Harmful to Human Health, Betts Claims
MDL 2873: Brown Sues Over Side Effects of Using AFFF Products
MDL 2873: Clancy Suit Claims PFAS Exposure From AFFF Products
MDL 2873: Clark Sues Over AFFF Products' Risk to Human Health
MDL 2873: Coleman Sues Over Injury Sustained From AFFF Products
MDL 2873: Exposed AFFF Products' Users to PFAS, Brooks Alleges
MDL 2873: Exposed Military Members to PFAS, Coghill Suit Claims
MDL 2873: Faces Campbell Suit Over AFFF Products' Harmful Effects
MDL 2873: Faces Fendly Suit Over Complications From AFFF Products
MEDICAL COURIERS: Baldwin-Greene Files Suit in Cal. Super. Ct.
MGM RESORTS: Faces Class Suit Over Exposure of Personal Info
MGM RESORTS: Kirwan Sues Over Failure to Secure Personal Info
MIKE TOPANGA: Kepler Seeks Proper Wages for Exotic Dancers
MOLINA HEALTHCARE: Fails to Pay Proper Wages, Hester Suit Alleges
NATIONAL COLLEGIATE: Court Certifies Antitrust Class Action Suit
NETBRANDS MEDIA: Dawson Files ADA Suit in S.D. New York
NICE-PAK PRODUCTS: Fails to Protect Patients' Info, Willey Says
NJC RECYCLING: Ramirez Sues Over Wage-and-Hour Suit in E.D.N.Y.
OHIO STATE UNIVERSITY: Gonzales Files Suit in S.D. Ohio
OLAM AMERICAS: Herrera Suit Removed to E.D. California
OLD DOMINION: Liable to 401(k) Plan Losses, Sealy Suit Alleges
OPENAI INC: U.S. Authors Guild Files Suit Over Copyright Violations
PHO TODAY: Fails to Pay Proper Wages, Garcia Suit Says
PROGRESS SOFTWARE: Fails to Protect Personal Info, Kurtz Says
PURPOSE FINANCIAL: Chimaras Files Suit in M.D. Florida
QUALCOMM INC: Appeals 9th Cir. Denial of Class Status Bid
QUALCOMM INC: Faces Consolidated Consumer Actions in California
QUALCOMM INC: Faces Overseas Antitrust Suit Over Cellular Devices
RAS LAVRAR: Rivero Sues Over Misleading Debt Collection Letter
RAYNE VENTURES: Radvansky Files TCPA Suit in N.D. Georgia
RE/MAX HOLDINGS: Faces Moehrl Class Action
RE/MAX HOLDINGS: Faces Sunderland Antitrust Suit in Canada
REAL TIME: Faces Taylor Class Suit in Calif. Over Unpaid Wages
REVLON INC: Givens Sues Over False Marketing of Beauty Products
ROADSAFE TRAFFIC: Ramos Suit Removed to E.D. California
ROOT INC: Court Dismisses w/ Prejudice Class Action
ROOT INC: Faces Securities Suit Over Breach of Insurance Contract
SHEIN DISTRIBUTION: Wallman Suit Removed to C.D. California
SHR GROUP: Nico Sues Over Constructions Workers' Unpaid Wages
SITEONE LANDSCAPE: Caballero Files Suit in Cal. Super. Ct.
SKULL SHAVER: Luis Files ADA Suit in S.D. New York
SLH AGOURA: Miranda Sues Over Medical Technicians' Unpaid Wages
SOUTHEASTERN GROCERS: Ulch Sues Over Plan's Excessive Admin Fees
SOUTHERN FINANCIAL: Court Junks Mullins Securities Suit
SOVOS COMPLIANCE: Yenca Sues Over Failure to Safeguard PII
SPEARHEAD MOBILITY: Hernandez Files Suit in Cal. Super. Ct.
SPORTS BASEMENT: Kimber Files Suit in Cal. Super. Ct.
STAKE CENTER: Loonsfoot Sues to Recover Unpaid Wages
STIHL INCORPORATED: Espinal Files ADA Suit in S.D. New York
SUGAR FOODS: Augustine Suit Removed to C.D. California
SWIFT TRANSPORTATION: Settles Burnell Labor Suit in California
SWIFT TRANSPORTATION: Settles Rudsell Labor Suit in California
TAHAZ MOTOR GROUP: Williams Files Suit in C.D. California
TALKSPACE INC: Settles Valdez Shareholder Suit Over Merger
TEACHERS HEALTH: Goodsell Fraud Suit Removed to D. Nev.
TENET HEALTHCARE: Suit Filed in S.D. New York
TEX-DOG HOSPITALITY: Sproles Suit Seeks Unpaid Tips for Bartenders
TMG FIGUEROA: Serrano Sues Over Failure to Provide Meal Breaks
TRADERS GLOBAL: Commodity Futures Files Suit in D. New Jersey
TRIPLEPOINT VENTURE: Shareholder Suit Ongoing in California
UBER TECHNOLOGIES: Sued in Australia Over Breach in Transport Laws
UNDERSPORTS INC: Hernandez Files ADA Suit in S.D. New York
UNISYS CORPORATION: Securities Suit Ongoing in Pennsylvania Court
UNITED AIRLINES: Class-Action Aims to Force Fees Reimbursement
UNITED AIRLINES: Lipeles Sues Over Unreimbursed Baggage Fees
UNUM GROUP: McPherson Sues Over Failure to Protect Personal Info
UPSTREAM REHABILITATION: Morrissette Files Suit in N.D. Alabama
UPSTREAM REHABILITATION: Runk Files Suit in N.D. Alabama
UPSTREAM ROLLCO: Sawyer Sues Over Compromised Patients' Info
VALYRIA LLC: Villaescusa Suit Removed to N.D. California
VERISK ANALYTICS: Faces Cantinieri Securities Suit
VERISK ANALYTICS: Faces Miller Suit Over CIPA Violation
VERISK ANALYTICS: Mismanagement Suit Stayed Pending Mediation
VERTIV HOLDINGS: Consolidated Shareholder Suit Ongoing in S.D.N.Y.
WALGREEN CO: De Priest et al. Sue Over Deceptive Sale of Medicines
WALGREEN CO: Rampalli Sues Over False Marketing and Advertising
WALMART INC: Corbett Suit Transferred to D. New Jersey
WEST PHARMACEUTICAL: Rouse Suit Seeks Non-Exempt Staff's Unpaid OT
WHEELER REAL ESTATE: Maryland Court Tosses Shareholder Suit
WINDY CITY: Fontanez Files ADA Suit in S.D. New York
WM. BOLTHOUSE: Jackson Sues Over Misleading Advertisements
ZILLOW GROUP: Court Narrows Claims in Securities Suit
ZILLOW GROUP: Settles Consolidated Shareholder Suit
[*] Fast Food Companies Face Suit Over Deceptive Food Marketing
*********
3 COMMAS TECHNOLOGIES: Tritt Files Suit in N.D. California
----------------------------------------------------------
A class action lawsuit has been filed against 3 Commas Technologies
OU. The case is styled as Lorne Tritt, Bruce Johnson, Joseph
Fishman, on behalf of themselves and all others similarly situated
v. 3 Commas Technologies OU, Case No. 4:23-cv-04893-DMR (N.D. Cal.,
Sept. 25, 2023).
The nature of suit is stated as Other Fraud for Personal Property.
3Commas -- https://3commas.io/ -- develops a crypto-asset
management tool for tracking investments and exchanges.[BN]
The Plaintiffs are represented by:
Azra Z. Mehdi, Esq.
THE MEHDI FIRM, PC
95 Third Street, 2nd Floor, Ste No. 9122
San Francisco, CA 94103
Phone: (415) 905-8880
Fax: (415) 905-8880
Email: azram@themehdifirm.com
3M COMPANY: Batiste Sues Over Exposure to Toxic Chemicals & Foams
-----------------------------------------------------------------
Terrell Batiste, 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-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); Case No. 2:23-cv-04791-RMG (D.S.C., Sept. 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 state police officer and was diagnosed with Ulcerative Colitis
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Phone: 205-879-5000
Facsimile: 205-879-5901
3M COMPANY: Boehm Sues Over Exposure to Toxic Film-Forming Foams
----------------------------------------------------------------
Terry Boehm, 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-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); Case No. 2:23-cv-04793-RMG (D.S.C., Sept. 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 state police officer and was diagnosed with prostate cancer
and Parkinson's disease 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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Phone: 205-879-5000
Facsimile: 205-879-5901
3M COMPANY: Brasel Sues Over Exposure to Toxic Film-Forming Foams
-----------------------------------------------------------------
Ray Brasel, 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-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); Case No. 2:23-cv-04794-RMG (D.S.C., Sept. 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 state police officer and was diagnosed with prostate 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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Phone: 205-879-5000
Facsimile: 205-879-5901
3M COMPANY: Calloway Sues Over Exposure to Toxic Chemicals
----------------------------------------------------------
Ricky Calloway, 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-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); Case No. 2:23-cv-04797-RMG (D.S.C., Sept. 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 state police officer and was diagnosed with Ulcerative Colitis
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Phone: 205-879-5000
Facsimile: 205-879-5901
3M COMPANY: Capuano Sues Over Exposure to Toxic Chemicals
---------------------------------------------------------
Timothy Capuano, 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-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); Case No. 2:23-cv-04800-RMG (D.S.C., Sept. 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 state police officer and was diagnosed with prostate 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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Phone: 205-879-5000
Facsimile: 205-879-5901
808 LEX RESTAURANT: Fails to Properly Pay Servers, Tenezaca Claims
------------------------------------------------------------------
ALFONSO TENEZACA, NELSON NACIPUCHA, RENAN ZAMORA-FLORES, and MALVIN
LUNA, on behalf of themselves and all others similarly situated,
Plaintiffs v. 808 LEX RESTAURANT, LLC d/b/a IL GRADINO RESTAURANT,
TERRENCE LOWENBERG, and TODD COHEN, Defendants, Case No.
1:23-cv-08545 (S.D.N.Y., September 28, 2023) is a class action
against the Defendants for violations of the Fair Labor Standards
Act and the New York Labor Law including illegal deductions from
gratuities, failure to pay minimum wages, failure to pay overtime
wages, late payment of wages, and failure to provide wage notice.
The Plaintiffs worked for the Defendants as servers at Il Gradino
Restaurant in Manhattan, New York.
808 Lex Restaurant, LLC is the owner and operator of Il Gradino
Restaurant, located in Manhattan, New York. [BN]
The Plaintiffs are represented by:
D. Maimon Kirschenbaum, Esq.
Josef Nussbaum, Esq.
JOSEPH & KIRSCHENBAUM LLP
32 Broadway, Suite 601
New York, NY 10004
Telephone: (212) 688-5640
Facsimile: (212) 981-9587
AFFORDABLE DENTURES: Faces Class Suit Over Dental Negligence
------------------------------------------------------------
Mike Hoey of MyChamplainValley.com reports that the Affordable
Dentures & Implants office on Williston Road in South Burlington
closed its doors in February. In a March interview, Andrew Gray of
Waterbury described his experience as a patient there by saying,
"you know, it's hard to eat without teeth."
Attorney Andrew Delaney of Barre City said on September 22, 2023
that he's familiar with Gray's account.
"Yeah," he said. "I mean, we did see that there was somebody who
had had almost -- not quite, but almost -- the same thing happen."
Delaney represents another patient, Christian Placey of North
Ferrisburgh. Placey is suing the office. The last dentist to
practice there -- Dr. Stephen Bench of Hinesburg -- is named as an
additional defendant. Affordable Care, LLC; the parent company of
Affordable Dentures, is also named.
"Right now, we just have the one client -- that's Christian
Placey," Delaney said. "But we did file it as a class action
because we believe there are a great number of people who are
affected by this. We've talked with quite a few people, and that's
one of the reasons why we expect it's a large class."
The class-action suit filed in Chittenden County Superior Court
accuses the defendants of four things. The complaint alleges
violation of the Vermont Consumer Protection Act, breach of
contract, dental negligence and negligent supervision.
"At this point, we've just filed the complaint," Delaney said. "We
haven't proven anything in court, and the defendants are entitled
to their day in court. I just want to make that clear."
Affordable Care's corporate offices are in Kinston, North Carolina.
A spokesperson for Affordable Care who didn't provide their name
writes:
"Dr. Bench suddenly shuttered his dental practice in breach of his
agreement with us, and we are dismayed that he has violated his
professional obligation to ensure his patients receive continued
care. Affordable Care does not own or operate any dental practices,
including that of Dr. Bench; it provides back-office support
services to dentists in private practice who hire us to do so. Even
though Dr. Bench shuttered his practice, Affordable Care has been
committed to assisting Dr. Bench’s patients who were abandoned
mid-treatment. We have worked with Dr. Bench's patients who have
contacted us to ensure they receive support and continued care. If
other patients who have been treated by Dr. Bench have current
needs, we encourage them to call (252) 624-0948. We are taking
legal action against Dr. Bench relating to his actions, and we are
reviewing our screening procedures for the professionals who hire
us to provide their back-office services." [GN]
ALCOHOL MONITORING: Hurtado Files Suit in D. Colorado
-----------------------------------------------------
A class action lawsuit has been filed against Alcohol Monitoring
Systems, Inc. The case is styled as Matthew Hurtado, individually
and on behalf of all others similarly situated v. Alcohol
Monitoring Systems, Inc. doing business as: SCRAM Systems, Case No.
1:23-cv-02194-MEH (D. Colo., Aug. 28, 2023).
The nature of suit is stated as Other Contract for Personal
Injury.
Alcohol Monitoring Systems, Inc. is a Littleton, Colorado-based
provider of monitoring services for non-violent drug, alcohol and
criminal offenders.[BN]
The Plaintiff is represented by:
Blake Garrett Abbott, Esq.
POULIN WILLEY ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Phone: (843) 834-4712
Email: blake@akimlawfirm.com
ALLSTATE VEHICLE: Mermigas Alleges Insurance Rate Overcharging
--------------------------------------------------------------
CHRISTOPHER MERMIGAS, individually and on behalf of all those
similarly situated, Plaintiff v. ALLSTATE VEHICLE AND PROPERTY
INSURANCE COMPANY, Defendant, Case No. 2023LA000998 (Ill. Cir.,
18th Judicial, Dupage Cty., Sept. 21, 2023) is a nationwide class
action seeking monetary damages, restitution, injunctive and
declaratory relief from the Defendant for their breach of contract
and fraudulent conduct in improperly splitting claims arising from
one occurrence in order to charge consumers higher rates for its
homeowners' insurance and circumvent its own claim rate protections
sold to consumers in violation of the Illinois Consumer Fraud and
Uniform Deceptive Trade Practices Act.
According to the complaint, the Defendant had a practice to create
multiple separate claims arising from one occurrence under its
homeowners' insurance policies and, on the basis of having multiple
claims, increase policyholders' rates as if there were multiple
separate and distinct claims. The Defendant breached its policies
of insurance by increasing its insurance rates charged to customers
based on the definition of occurrence in its homeowners' insurance
policies, says the suit.
The Plaintiff is one of many consumers that purchased Defendant's
Enhanced Package, which was intended to provide protections for
consumers' policy discounts, and specifically related to the
discounts based on the number of claims made on the policy of
insurance.
Allstate Vehicle and Property Insurance Company is an Illinois
registered insurance company with its headquarters and principal
place of business in the County of Cook, Village of
Northbrook.[BN]
The Plaintiff is represented by:
Keith L. Gibson, Esq.
KEITH GIBSON LAW, P.C.
490 Pennsylvania Avenue, Suite 1
Glen Ellyn, IL 60137
Telephone: (630) 677-6745
E-mail: keith@keithgibsonlaw.com
- and -
Bogdan Enica, Esq.
KEITH GIBSON LAW, P.C.
66 West Flagler St., Ste. 937
Miami, FL 33130
Telephone: (305) 539-9206
E-mail: bogdan@keithgibsonlaw.com
ALTICE USA: Seale Suit Removed to D. New Jersey
-----------------------------------------------
The case captioned as Daquis Seale, Nick Vasquez, Annette Baker,
Jeff Lamoree, Kathryn Major, Natividad Concepcion, Xue Shi Lin, and
Jesse Friedman, on behalf of themselves and all others similarly
situated v. ALTICE USA, INC.; CEBRIDGE TELECOM CA, LLC (D/B/A
SUDDENLINK COMMUNICATIONS); and CSC HOLDINGS, LLC (D/B/A OPTIMUM),
Case No. CV2100639 was removed from the Superior Court of the State
of California, County of Humboldt, to the United States District
Court for the District of New Jersey on Sept. 26, 2023, and
assigned Case No. 3:23-cv-20674.
This case in New Jersey state court began on May 3, 2021 as a
California state court putative class action filed against
Defendants on behalf of a class of Defendants' California internet
customers.[BN]
The Defendants are represented by:
Adlai JJ. Small, Esq.
SPIRO HARRISON & NELSON LLC
363 Bloomfield Avenue, Ste. 2C
Montclair, NJ 07042
Phone: 973.232.0892
- and -
Charles Webb, Esq.
THE WEBB LAW CENTRE
716 Ste. 25301
Phone: 304-344-9322
- and -
Talcott J. Franklin, Esq.
TFPC, A MAINE PROFESSIONAL CORPORATION
181 Westem Promenade
Ponland, Mame 04102
Phone: 214.642.9191
- and -
Jonathan Sahrbeck, Esq.
SAHRBECK, P.C.
15 Silva Drive
Cape Elizabeth, ME 04107
Phone: 207.233.8500
AMERICAN INTERNATIONAL: Moriarty Insurance Claim Suit Ongoing
-------------------------------------------------------------
American International Group, Inc. (AIG) disclosed in its Form 10-Q
for the quarterly period ended June 30, 2023, filed with the
Securities and Exchange Commission on August 3, 2023, that its
subsidiary American General Life Insurance Company (AGL) was sued
on July 18, 2017 in a putative class action captioned "Moriarty v.
American General Life Insurance Company," No. 17-cv-1709 (S.D.
Cal.)
Plaintiff's complaint argues that policies issued and delivered
prior to January 1, 2013, like the $1 million policy issued to her
husband, do not lapse—despite nonpayment of premiums—if the
insurer has not complied with California's AB 1747's terms. On
August 30, 2021, the California Supreme Court issued an opinion in
McHugh v. Protective Life Insurance, 12 Cal. 5th 213 (2021), ruling
that AB 1747 applies to all policies in force on January 1, 2013,
regardless of when the policies were issued.
On February 7, 2022, plaintiff filed motions for summary judgment
and class certification; AGL opposed both motions and filed its own
motion for partial summary judgment. On July 26, 2022, the District
Court granted in part and denied in part AGL's motion for partial
summary judgment, and on September 7, 2022, the District Court
denied plaintiff's motion for summary judgment.
In the summary judgment decisions, the District Court declined to
adopt plaintiff's theory that a failure to comply with AB 1747
necessitates payment of policy benefits or to make a pre-trial
determination as to AGL's liability. On September 27, 2022, the
District Court denied plaintiff's motion for class certification
without prejudice. The District Court declined to certify
plaintiff's proposed class consisting of claims for monetary
damages and equitable relief, but indicated that plaintiff could
seek the certification of a narrower class consisting only of
claims for monetary damages. The District Court indicated, however,
that it has "substantial concerns" as to whether individual issues
such as actual damages and causation would predominate, precluding
class certification. While the District Court had initially set a
trial date for February 7, 2023, it vacated the date and indicated
that it would set a new trial date in due course, following
consultation with the parties. Subsequently, the case was
reassigned to a new District Court judge, who requested additional
briefing on certain issues addressed by the summary judgment
decisions and heard additional oral argument on those issues on
July 19, 2023. The parties are awaiting a decision from the Court.
American International Group, Inc. (AIG) is a global insurance
organization.
BAKERY BOYS: Tenesaca Sues Over Unpaid Wages for Bakery Staff
-------------------------------------------------------------
FANNY RAQUEL PERALTA TENESACA, individually and on behalf of all
others similarly situated, Plaintiff v. BAKERY BOYS OF NEW YORK
LTD., ALEXANDER KRITIKOS, and SANDRA KRITIKOS, Defendants, Case No.
1:23-cv-07192 (E.D.N.Y., September 27, 2023) is a class action
against the Defendants for violations of the Fair Labor Standards
Act, the New York Labor Law, the New York State Executive Law, and
the New York City Administrative Code including failure to pay
overtime wages, failure to pay wages owed on a weekly basis,
failure to furnish wage statements, failure to provide wage notice,
and unlawful discriminatory practices.
The Plaintiff was employed by the Defendants as a baker, cleaner
and price marker, while performing other related manual labor
duties, from in or around February 2011 until in or around August
2022.
Bakery Boys of New York Ltd. is a bakery owner and operator doing
business in New York. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
BANK OF AMERICA: Chen Suit Removed to S.D. California
-----------------------------------------------------
The case styled as Jeffrey Chen, on behalf of himself and all
others similarly situated v. Bank of America Corporation, Does
1-100, inclusive, was removed to the U.S. District Court for the
Southern District of California on Sept. 25, 2023.
The District Court Clerk assigned Case No. 3:23-cv-01762-LAB-DEB to
the proceeding.
The nature of suit is stated as Other Fraud.
The Bank of America Corporation -- http://www.bankofamerica.com/--
is an American multinational investment bank and financial services
holding company headquartered at the Bank of America Corporate
Center in Charlotte, North Carolina.[BN]
The Plaintiff is represented by:
James M. Treglio, Esq.
Mark D. Potter, Esq.
POTTER HANDY, LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Phone: (619) 933-3598
Email: jimt@potterhandy.com
mark@potterhandy.com
The Defendant is represented by:
Danielle Oakley Morris, Esq.
O'MELVENY & MYERS LLP
610 Newport Center Drive, 17th Floor
Newport Beach, CA 92660
Phone: (949) 823-7921
Fax: (949) 823-6994
Email: dmorris@omm.com
BAUSCH HEALTH: Faces Consolidated Antitrust Suit
-------------------------------------------------
Bausch + Lomb Corporation disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 3, 2023, that its affiliates,
Oceanside Pharmaceuticals, Inc., Bausch Health US, LLC (formerly
Valeant Pharmaceuticals North America LLC) and Bausch Health
Americas, Inc. (formerly Valeant Pharmaceuticals International) are
defendants in multidistrict antitrust litigation (MDL) entitled "In
re: Generic Pharmaceuticals Pricing Antitrust Litigation," pending
in the U.S. District Court for the Eastern District of Pennsylvania
(MDL 2724, 16 MD-2724).
The lawsuits seek damages under federal and state antitrust laws,
state consumer protection and unjust enrichment laws and allege
that the company's subsidiaries entered into a conspiracy to fix,
stabilize, and raise prices, rig bids and engage in market and
customer allocation for generic pharmaceuticals. The lawsuits,
which have been brought as putative class actions by direct
purchasers, end payers, and indirect resellers, and as direct
actions by direct purchasers, end payers, insurers, hospitals,
pharmacies, States, and various Counties, Cities, and Towns, have
been or will be consolidated into the MDL. There are also
additional, separate complaints which have been consolidated in the
same MDL that do not name the Company or any of its subsidiaries as
a defendant. There are cases pending in the Court of Common Pleas
of Philadelphia County against the company and other defendants
related to the multidistrict litigation, but no complaint has been
filed in these cases. The cases have been put in deferred status.
Bausch + Lomb Corporation is a global eye health company that
operates a Vision Care segment, a pharmaceuticals segment and a
surgical segment. Bausch + Lomb is a subsidiary of Bausch Health
Companies Inc. (BHC), with BHC holding, directly or indirectly,
approximately 88.5% of the issued and outstanding common shares of
Bausch + Lomb as of July 28, 2023.
BAUSCH HEALTH: Faces Eaton Antitrust Suit
-----------------------------------------
Bausch + Lomb Corporation disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 3, 2023, that, Bausch Health
Companies Inc. (BHC) and certain of its U.S. and Canadian
subsidiaries have been named as defendants in a proposed class
proceeding entitled "Kathryn Eaton v. Teva Canada Limited, et al."
in the Federal Court in Toronto, Ontario, Canada (Court File No.
T-607-20).
The plaintiff seeks to certify a proposed class action on behalf of
persons in Canada who purchased generic drugs in the private
sector, alleging that the company and other defendants violated the
Competition Act by conspiring to allocate the market, fix prices,
and maintain the supply of generic drugs, and seeking damages under
federal law.
Bausch + Lomb Corporation is a global eye health company that
operates a Vision Care segment, a pharmaceuticals segment and a
surgical segment. Bausch + Lomb is a subsidiary of Bausch Health
Companies Inc. (BHC), with BHC holding, directly or indirectly,
approximately 88.5% of the issued and outstanding common shares of
Bausch + Lomb as of July 28, 2023.
BERRY CORPORATION: To Settle Shareholder Suit
----------------------------------------------
Berry Corporation disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that on July 31, 2023, the parties in
a securities class action lawsuit filed in the United States
District Court for the Northern District of Texas against Berry
Corp. and certain of its current and former directors and officers
executed a Memorandum of Understanding memorializing an
agreement-in-principle to settle all claims for an aggregate sum of
$2.5 million.
On November 20, 2020, Luis Torres, individually and on behalf of a
putative class filed a complaint asserting violations of Sections
11 and 15 of the Securities Act of 1933 and Sections 10(b) and
20(a) of the Exchange Act of 1934, on behalf of a putative class of
all persons who purchased or otherwise acquired common stock
pursuant and/or traceable to the company's 2018 IPO or Berry's
securities between July 26, 2018 and November 3, 2020. In
particular, the complaint alleges that the defendants made false
and misleading statements during the offering of materials for the
IPO concerning the company's business, operational efficiency and
stability, and compliance policies, that artificially inflated the
Company's stock price, resulting in injury to the purported class
members when the value of Berry's common stock declined following
release of its financial results for the third quarter of 2020 on
November 3, 2020.
On November 1, 2021, the court-appointed co-lead plaintiffs filed
an amended complaint asserting claims on behalf of the same
putative class under Sections 11 and 15 of the Securities Act and
Sections 10(b) and 20(a) of the Exchange Act, alleging, among other
things, that the Company and the individual Defendants made false
and misleading statements between July 26, 2018 and November 3,
2020 regarding the company's permits and permitting processes. The
amended complaint does not quantify the alleged losses but seeks to
recover all damages sustained by the putative class as a result of
these alleged securities violations, as well as attorneys' fees and
costs. The defendants filed a motion to dismiss on January 24, 2022
and on September 13, 2022, the court issued an order denying that
motion, and the case moved into discovery. On February 13, 2023,
the plaintiffs filed a motion for class certification, and on April
14, 2023, the defendants filed their opposition; the plaintiffs
filed their reply on May 26, 2023, and a hearing on the motion for
class certification was set for August 23, 2023.
Berry is an independent upstream energy company with a focus on
onshore, low geologic risk, long-lived conventional reserves in the
San Joaquin basin of California and the Uinta basin of Utah.
BIENVILLE ORTHOPAEDIC: Harris Files Suit in S.D. Mississippi
------------------------------------------------------------
A class action lawsuit has been filed against Bienville Orthopaedic
Specialists, LLC. The case is styled as Robert Harris, individually
and on behalf of all others similarly situated v. Bienville
Orthopaedic Specialists, LLC, Case No. 1:23-cv-00248-HSO-RPM (S.D.
Miss., Sept. 25, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
Bienville Orthopaedic Specialists LLC --
https://www.bienvilleortho.com/ -- is the largest provider of
orthopaedic care on the Mississippi Gulf Coast.[BN]
The Plaintiff is represented by:
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC - Pensacola
17 E. Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Fax: (850) 916-7449
Email: jwitkin@awkolaw.com
BLUE CROSS: Massachusetts Laborers' Files Suit in Mass. Super. Ct.
------------------------------------------------------------------
A class action lawsuit has been filed against Blue Cross Blue
Shield of Massachusetts. The case is styled as Massachusetts
Laborers' Health & Welfare Fund, Trustees of The Massachusetts
Laborers' Health & Welfare Fund, individually and on behalf of all
others similarly situated v. Blue Cross Blue Shield Of
Massachusetts, Case No. 2384CV02172 (Mass. Super. Ct., Suffolk
Cty., Sept. 26, 2023).
The case type is stated as "Contract/Business Cases."
Blue Cross Blue Shield of Massachusetts --
http://www.bluecrossma.org/-- is a state licensed nonprofit
private health insurance company under the Blue Cross Blue Shield
Association with headquarters in Boston.[BN]
The Plaintiff is represented by:
Patrick J. Nelligan, Esq.
Jonathan David Sweet, Esq.
KECHES LAW GROUP
2 Granite Ave., Suite 400
Milton, MA 02186
BLUEGREEN VACATIONS: Louis MLA-Related Suit Ongoing
---------------------------------------------------
Bluegreen Vacations Holding Corporation disclosed in its Form 10-Q
for the quarterly period ended June 30, 2023, filed with the
Securities and Exchange Commission on August 3, 2023, that a
purported class action lawsuit against Bluegreen's wholly owned
subsidiary Bluegreen Vacations Unlimited Inc. (BVU) alleging it
violated the Military Lending Act (MLA), is currently ongoing.
On September 14, 2021, Tamarah and Emmanuel Louis, individually and
on behalf of all others similarly situated, filed a complaint
alleges that BVU did not make any inquiry before offering financing
to the plaintiffs as to whether they were members of the United
States Military and allege other claims related to certain
disclosures mandated by the MLA. BVU filed a motion to dismiss the
complaint, and plaintiffs then filed an amended complaint on
December 3, 2021. The District Court granted BVU's motion to
dismiss. An appeal of the District Court's dismissal has been
initiated by the plaintiffs and is pending before the Eleventh
Circuit Court of Appeals.
Bluegreen Vacations Holding Corporation is a Florida-based holding
company which owns 100% of Bluegreen Vacations. Bluegreen is a
leading vacation ownership company that markets and sells vacation
ownership interests and manages resorts in popular leisure and
urban destinations with resorts primarily located in high-volume
vacation locations, including Orlando, Panama City Beach, Las
Vegas, the Smoky Mountains, Myrtle Beach, Charleston, the Branson,
Missouri area, and New Orleans, among others.
BLUEGREEN VACATIONS: Wijesinha TCPA Suit Ongoing
------------------------------------------------
Bluegreen Vacations Holding Corporation disclosed in its Form 10-Q
for the quarterly period ended June 30, 2023, filed with the
Securities and Exchange Commission on August 3, 2023, that a
purported class action lawsuit alleging violations of the Telephone
Consumer Protection Act (TCPA) against Bluegreen's wholly owned
subsidiary Bluegreen Vacations Unlimited Inc. (BVU) is currently
ongoing.
BVU called plaintiff's cell phone for telemarketing purposes using
an automated dialing system, and that plaintiff did not give BVU
his express written consent to do so. On January 7, 2019, Shehan
Wijesinha filed Plaintiffs seek certification of a class comprised
of other persons in the United States who received similar calls
from or on behalf of BVU without the person's consent. Plaintiff
seeks monetary damages, attorneys' fees and injunctive relief.
On July 15, 2019, the court entered an order staying this case
pending a ruling from the Federal Communications Commission (FCC)
clarifying the definition of an automatic telephone dialing system
under the TCPA and the decision of the Eleventh Circuit in a
separate action alleging violations of the TCPA. On January 7,
2020, the Eleventh Circuit issued a ruling consistent with BVUs
position, and on June 26, 2020, the FCC also issued a favorable
ruling. The case was stayed pending the United States Supreme
Court's decision in "Facebook, Inc. v. Duguid."
On April 1, 2021, the Supreme Court issued a decision in the
Facebook case which was favorable to Bluegreen's position that an
automatic telephone dialing system was not used in this case.
Bluegreen believes the ruling disposes of the plaintiff's claim and
filed a Notice of Supplemental Authority advising the court of the
ruling.
Bluegreen Vacations Holding Corporation is a Florida-based holding
company which owns 100% of Bluegreen Vacations. Bluegreen is a
leading vacation ownership company that markets and sells vacation
ownership interests and manages resorts in popular leisure and
urban destinations with resorts primarily located in high-volume
vacation locations, including Orlando, Panama City Beach, Las
Vegas, the Smoky Mountains, Myrtle Beach, Charleston, the Branson,
Missouri area, and New Orleans, among others.
CAMPING WORLD: To Settle Data Breach Suit
-----------------------------------------
Camping World Holdings, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 8, 2023, that a settlement of a suit
from a February 2022 cybersecurity incident is currently underway.
The company announced the occurrence of a cybersecurity incident
that resulted in the encryption of certain IT Systems and theft of
certain data and information that resulted in the company's
temporary inability to access certain of its IT Systems, caused by
the disabling of some of its IT Systems by the threat actor and the
company temporarily taking certain other IT Systems offline as a
precautionary measure. In December 2022, three putative class
action complaints were filed against the company and certain of its
subsidiaries arising out of the cybersecurity incident.
On March 30, 2023, the company and plaintiffs reached an agreement
in principle to resolve the putative class action complaints for an
immaterial amount subject to the execution of a settlement
agreement and court approval. On April 11, 2023, for purposes of
effectuating the settlement reached with company, the original
complaints were dismissed and refiled as a combined state court
complaint. On June 15, 2023, the parties executed the settlement
agreement. On June 28, 2023, the plaintiffs' attorneys in the
combined state court case filed a motion for preliminary approval
of the settlement agreement. On July 6, 2023, the judge in the
combined state court case set a hearing date of August 10, 2023 for
the plaintiffs' motion for preliminary approval of the settlement
agreement.
Camping World Holdings, Inc. is a retailer of recreational RVs and
related products and services.
CENTRA HEALTH: Esposito Suit Seeks Proper Overtime Wages
--------------------------------------------------------
JOSEPH ESPOSITO, individually and on behalf of all others similarly
situated, Plaintiff v. CENTRA HEALTH, INC., VIRGINIA BAPTIST HOMES,
INCORPORATED, Defendants, Case No. 6:23-cv-00058-NKM (W.D. Va.,
Sept. 22, 2023) arises out of Defendants' systematic, knowing, and
willful failure to pay Plaintiff and others similarly situated to
him overtime and minimum wages owed in violation of the Fair Labor
Standards Act, the Virginia Minimum Wage Act, Virginia Code, and
the Virginia Wage Payment Act, Virginia Code.
The Plaintiff was employed with Defendants -- first by Defendant
Centra Health, and
later by Defendant Virginia Baptist Homes -- from on or around July
28, 2014, until
sometime in or around early 2022. The Plaintiff worked as a
Facility Supervisor from the start of his employment until on or
around February 12, 2018, when his title changed to Mechanic II.
However, the Defendants failed and refused to pay Plaintiff one and
one-half times his regular hourly rate for his on-call hours,
instead paying him $5 per hour for those hours prior to January 1,
2022, and paying him nothing at all for those hours from that date
forward. As a result of Defendants' failure to pay Plaintiff one
and one-half times his regular hourly rate for his on-call hours,
Plaintiff is entitled to damages and other available relief, says
the suit.
Headquartered in Lynchburg, VA, Centra Health owns and operates
various hospitals and other medical service facilities in central
and southern Virginia. [BN]
The Plaintiff is represented by:
Ellen Renaud, Esq.
1825 K Street, NW, Suite 750
Washington, DC 20006
Telephone: (202) 852-8483
Facsimile: (202) 463-6067
E-mail: Ellen.renaud@leschtlaw.com
CENTURION CONSULTING: Zuniga Suit Removed to C.D. California
------------------------------------------------------------
The case captioned as Michael D. Zuniga, an individual, on his own
behalf and on behalf of all others similarly situated v. CENTURION
CONSULTING SERVICES, LLC, a Nevada Liability Company dba Centurion
Transport; and DOES 1 through 100, inclusive, Case No. CIVSB2313359
was removed from the Superior Court of the State of California,
County of San Bernardino, to the United States District Court for
the Central District of California on Sept. 22, 2023, and assigned
Case No. 2:23-cv-07982.
This lawsuit involves a class action for alleged violations of the
California Labor Code and the California Business and Professions
Code.[BN]
The Defendants are represented by:
M. Danton Richardson, Esq.
John W. Fagerholm, Esq.
Stephanie B. Greenberg, Esq.
LAW OFFICES OF JOHN W. FAGERHOLM, LTD
725 S. Figueroa Street, Suite 3065
Los Angeles, CA 90017
Phone: (323) 289-2260
Fax: (323) 642-5441
Email: drichardson@jwflawltd.com
jfagerholm@jwflawltd.com
sgreenberg@jwflawltd.com
CHUBB LTD: Purcell Suit Transferred to N.D. California
------------------------------------------------------
The case styled as Gilbert Purcell, individually and on behalf of
all others similarly situated v. Chubb, Ltd., Case No.
3:23-cv-00122 was transferred the U.S. District Court for the
District of New Jersey, to the U.S. District Court for the Northern
District of California on Sept. 26, 2023.
The District Court Clerk assigned Case No. 4:23-cv-04927-KAW to the
proceeding.
The nature of suit is stated as Insurance for Contract Dispute.
Chubb -- https://www.chubb.com/ -- is the world's largest publicly
traded P&C insurance company with operations in 54 countries and
territories.[BN]
The Plaintiff is represented by:
Catherine E. Anderson, Esq.
GISKAN SOLOTARAFF ANDERSON AND STEWART LLP
11 Broadway Suite 2150
New York, NY 10004
Phone: (212) 847-8315
The Defendant is represented by:
Liza M. Walsh, Esq.
Selina Miriam Ellis, Esq.
WALSH PIZZI O'REILLY FALANGA LLP
Three Gateway Center
100 Mulberry Street, Ste. 15th Floor
Newark, NJ 07102
Phone: (973) 757-1100
Fax: (973) 757-1090
Email: lwalsh@walsh.law
sellis@walsh.law
- and -
Allen W. Burton, Esq.
O'MELVENY & MYERS LLP
7 Times Square
New York, NY 10036
Phone: (212) 326-2000
Email: aburton@omm.com
CITI TRENDS: Matousek Files Suit in S.D. Georgia
------------------------------------------------
A class action lawsuit has been filed against Citi Trends, Inc. The
case is styled as Constance Matousek, Alexander Matousek, Haley
Matousek, individually and on behalf of all others similarly
situated v. Citi Trends, Inc., Case No. 4:23-cv-00282-RSB-CLR (S.D.
Ga., Sept. 26, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
Citi Trends -- http://cititrends.com/-- is an American retail
clothing chain selling discounted products targeted primarily at
urban customers.[BN]
The Plaintiffs are represented by:
Rebecca Franklin Harris, Esq.
FRANKLIN LAW, LLC
2250 E. Victory Dr., Suite 102
Savannah, GA 31404
Phone: (912) 335-3305
Email: rebecca@franklinlawllc.com
COMPLETE CARE: Faces Pratt Wage-and-Hour Suit in D. New Jersey
--------------------------------------------------------------
TAMEKA PRATT, individually and on behalf of all others similarly
situated, Plaintiff v. COMPLETE CARE MANAGEMENT LLC and GLENDALE
CARE AND REHAB CENTER LLC, Defendants, Case No. 3:23-cv-20722
(D.N.J., September 27, 2023) is a class action against the
Defendants for failure to pay overtime wages and failure to pay an
agreed-upon wage in violation of the Fair Labor Standards Act and
the Wisconsin Wage Payment and Collection Laws.
The Plaintiff has been employed by the Defendants as certified
nursing assistant at the Glendale Care and Rehab Center, LLC
facility located at 6263 N. Green Bay Avenue, Glendale, Wisconsin
from approximately September 2021 through present.
Complete Care Management LLC is a company that owns, operates, and
manages skilled nursing facilities and assisted living facilities
doing business in Wisconsin.
Glendale Care and Rehab Center, LLC is a company that owns,
operates, and manages skilled nursing facilities and assisted
living facilities, headquartered in New Jersey. [BN]
The Plaintiff is represented by:
Jason T. Brown, Esq.
Nicholas Conlon, Esq.
Eric Sands, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Telephone: (877) 561-0000
E-mail: jtb@jtblawgroup.com
nicholasconlon@jtblawgroup.com
eric.sands@jtblawgroup.com
CONDUENT INC: To Settle Securities Suit Over Employees' Fund
------------------------------------------------------------
Conduent Incorporated disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that the parties in the case
"Employees' Retirement System of the Puerto Rico Electric Power
Authority et al v. Conduent Inc. et al." have agreed to settle
after mediation.
On March 8, 2019, a putative class action lawsuit alleging
violations of certain federal securities laws in connection with
our statements and alleged omissions regarding the company's
financial guidance and business and operations was filed against
the company, its former Chief Executive Officer and its former
Chief Financial Officer in the United States District Court for the
District of New Jersey.
The complaint sought certification of a class of all persons who
purchased or otherwise acquired the company's securities from
February 21, 2018 through November 6, 2018, and also sought
unspecified monetary damages, costs, and attorneys' fees. The
company moved to dismiss the class action complaint in its
entirety. In June 2020, the court denied the motion to dismiss and
allowed the claims to proceed. The court granted Class
Certification on February 28, 2022. Upon the substantial completion
of document discovery, the parties agreed to engage in mediation,
and the court administratively terminated the litigation to permit
those efforts to proceed. The court granted preliminary approval of
the settlement terms and related documentation on January 27, 2023,
and conducted the final Settlement Hearing on May 24, 2023, at
which time the settlement received final approval.
Conduent Incorporated is a New York based business process
solutions company that delivers digital business solutions and
services spanning the commercial, government and transportation
spectrum.
COOK COUNTY, IL: Conditional Certification Denied to Jail Guards
----------------------------------------------------------------
Gerald L. Maatman, Jr., Jennifer at blogs.duanemorris.com reports
that Duane Morris Takeaways: In Evans III, et al v. Dart, et al.,
No. 1:20-CV-02453 (N.D. Ill. Sept. 15, 2023), Judge Rebecca R.
Pallmeyer of the U.S. District Court for the Northern District Of
Illinois denied Plaintiffs' motion for conditional certification of
a collective action of Cook County Jail Guards who were not
compensated for time spent off-the-clock decontaminating their work
gear to prevent the spread of COVID-19. In rejecting the jail
correctional officers' bid for conditional certification under 29
U.S.C. Section 216(b), the Court ruled the Plaintiffs could not
establish that they were victims of a common policy or plan that
violated the law, as there was no evidence that the jail even had
an off-the-clock decontamination policy. Thus, the Court concluded
that Plaintiffs failed to establish that their cleaning efforts
outside of work resulted from any requirement imposed by their
employer. The ruling is a blueprint for corporate counsel in terms
of a solid approach for opposing employment-related conditional
certification motions.
Case Background
The factual origins of the case stem from a COVID-19 outbreak at
the Cook County Department of Corrections ("Cook County Jail") in
April 2020. Plaintiffs allege that, amid the outbreak, the Cook
County Jail required correctional officers to "engag[e] in
decontamination/sanitation activities" before and/or after their
shifts within the CCDOC, "including washing and sanitizing their
uniforms, sanitizing their persons, sanitizing and maintaining
personal protective equipment, and showering." Id. at 2.
According to Plaintiffs, they would spend approximately 20 to 30
minutes before and after shifts completing these protocols but were
not paid for that time. As the Court noted, "each Plaintiff
described slightly different activities that took slightly
different amounts of time," which formed "a consistent narrative of
enhanced decontamination activities, significantly exceeding what
they did prior to COVID." Id. at 4.
In the same month that the April 2020 outbreak began, Plaintiffs
filed this lawsuit on behalf of themselves and a proposed group of
all persons who worked at the Cook County Jail between January 27,
2020 and June 11, 2021 who engaged in the purported COVID-19
decontamination protocols, but who were not paid for time spent on
those activities. Id. at 3.
The Court's Decision
The Court declined to certify the proposed collective action based
on finding that Plaintiffs fell short in identifying a common
policy requiring workers in the proposed collective action to
engage in those [decontamination] activities as a condition of
their employment." Id. at 1. Importantly, the Court noted that the
Plaintiffs themselves acknowledged that there was no express
written policy requiring correctional officers to decontaminate
outside of work, and that the only instructions that they received
from supervisors about decontamination was during roll call
meetings, when supervisors would merely "read and disseminate
general advice from the CDC" and instruct guards to not bring items
home from the jail. Id. at 4-5.
Another key finding by the Court was that Plaintiffs "did not
report their off-duty decontamination activities to their
supervisors, nor were they asked about those efforts or disciplined
for failing to decontaminate proper." Id. at 5. Further, the Court
made important note of how "no named Plaintiff reported monitoring
the time consumed by their daily decontamination activities,
submitting any decontamination overtime, or asking their
supervisors about decontamination overtime, although many testified
that there was no clear way to submit an overtime claim for these
activities in the CCDOC "Workforce" record system." Id.
In reaching its determination, the Court also rejected the
relevance of a Communicable Diseases Policy that Cook County had in
place requiring workers to "use good judgment and follow training
and procedures related to mitigating the risks associated with
communicable disease," and if exposed to one, to "begin
decontamination procedures immediately, obtain medical attention if
needed, and "notify a supervisor as soon as practical." Id. at 7.
According to the Court, because this policy specified that its aim
was to "provide a safe work environment," the Court found it "hard
to imagine how a pre-shift shower or laundering one's uniform after
a drive home is consistent with that language" and concluded, in
turn, that the policy did not require the Plaintiffs to engage in
COVID-19 protocols at issue outside of work at the jail. Id. at
11.
Finally, the Court discussed how, even if the Communicable Diseases
Policy applied to activities outside of work, an "insurmountable"
problem for Plaintiffs was that "none of them seemed to know about
the policy at the time they were undertaking those activities." Id.
at 12. As a result, the Court found that there was no evidence
showing that the Defendants had actual or constructive knowledge of
any de facto policy requiring the Plaintiffs to engage in
decontamination activities away from the jail. Id. at 15.
For these reasons, the Court concluded that the Plaintiffs fell
short of satisfying the requirements for conditional certification
of their proposed collective action.
Implications For Employers
The Evans ruling underscores the importance of maintaining and
utilizing well-organized clearly-delineated employee conduct
policies for activities at and away from the workplace, in
anticipation of arguing the absence of uniform policies and
procedures in collective actions under 29 U.S.C. Section 216(b). In
dismissing all of Plaintiffs' arguments after finding an absence of
policy or plan for all proposed collective action members that
violated the law, the Court signaled its steady reliance on the
well-established standards for these types of claims, providing a
valuable reaffirmation to employers' reliable defense strategies.
[GN]
CRAFTED BRAND: Scheibe Sues Over Mixers' No Preservatives Claim
---------------------------------------------------------------
JACOB SCHEIBE, individually and on behalf of all others similarly
situated, Plaintiff v. CRAFTED BRAND COMPANY, LLC, Defendant, Case
No. 3:23-cv-01776-L-BLM (S.D. Cal., September 27, 2023) is a class
action against the Defendant for violation of the California
Consumer Legal Remedies Act, unjust enrichment, and breach of
express warranty.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its Mai Tai and
Pina Colada cocktails mixers. The Defendant claims that its
products contain "No preservatives." However, this no preservatives
claim is false. The products contain citric acid, which is a
commonly used and recognized preservative in food and beverage
products. The Plaintiff and similarly situated consumers would not
have purchased the products had they known the truth, says the
suit.
Crafted Brand Company, LLC is a company that formulates,
manufactures, and sells various cocktail mixers, headquartered in
Las Vegas, Nevada. [BN]
The Plaintiff is represented by:
Charles C. Weller, Esq.
CHARLES C. WELLER, APC
11412 Corley Court
San Diego, CA 92126
Telephone: (858) 414-7465
Facsimile: (858) 300-5137
E-mail: legal@cweller.com
CVS HEALTH: Tablet Phenylephrine Drug "Ineffective," Kleiman Says
-----------------------------------------------------------------
Cathy Kleiman, individually and on behalf of all others similarly
situated, Plaintiff v. CVS Health Corporation, Defendant, Case No.
2:23-cv-04727-RMG (D.S.C., Sept. 21, 2023) is a class action
lawsuit by Plaintiff on behalf of herself and all others similarly
situated who purchased Defendant's tablet style phenylephrine
medicine, "CVS Health" branded products, containing phenylephrine,
that were manufactured, marketed, labeled, distributed, and sold by
Defendant.
According to the complaint, the said drugs are designed to combat
sinus issues, such as congestion, among other things. But based on
a review conducted by the U.S. Food and Drug Administration, the
drugs are ineffective as decongestants due to their active
ingredient being phenylephrine. These drugs, specifically those
containing phenylephrine, were brought to market as alternatives
for other types of medicines that were prone to abuse by illicit
drug producers, as to create methamphetamine, says the suit.
The Plaintiff brings this action because of Defendant's fraud,
false marketing, false advertising, breach of contract, breach of
warranty, and breaches of state law consumer protection statutes.
CVS Health Corporation is an American healthcare company.[BN]
The Plaintiff is represented by:
Roy T. Willey, IV, Esq.
Paul J. Doolittle, Esq.
Blake G. Abbott, Esq.
POULIN WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
E-mail: roy.willey@poulinwilley.com
paul.doolittle@poulinwilley.com
blake.abbott@poulinwilley.com
cmad@poulinwilley.com
CVS PHARMACY: Faces Nitto Suit Over Nasal Decongestants' False Ads
------------------------------------------------------------------
RHONDA NITTO, on behalf of herself and all others similarly
situated, Plaintiff v. CVS PHARMACY, INC., Defendant, Case No.
1:23-cv-13998 (N.D. Ill., Sept. 21, 2023) is a class action brought
by the Plaintiff, on behalf of similarly situated purchasers of
CVS' phenylephrine hydrochloride products, for violation of state
consumer protection laws and unjust enrichment.
According to the complaint, CVS offers a variety of
non-prescription drugs, including oral nasal decongestants that are
marketed as "MAXIMUM STRENGTH" for "Nasal congestion," "Sinus
congestion," "Nasal/Sinus congestion & Sinus pressure," "Sinus
pressure," "Sinus pressure & Congestion," "Sinus pain & pressure,"
"Headache," "Sinus Headache," "Pain Reliver," and/or "Fever
Reducer."
Despite marketing these products as "MAXIMUM STRENGTH," CVS knew
the active nasal decongestant ingredient in them, phenylephrine
hydrochloride, was not as strong as other decongestants available
without a prescription. Indeed, studies have shown phenylephrine
hydrochloride is no more effective than a placebo. Additionally,
some of the CVS PE Products do not even contain the maximum dosage
of acetaminophen allowable over the counter and are thus not
deserving of the "MAXIMUM STRENGTH" label and representation.
Rather than being honest and transparent, CVS makes this "MAXIMUM
STRENGTH" representation in a knowingly false, misleading, and
deceptive manner, says the suit.
The Plaintiff purchased CVS Health "Non-Drowsy Nasal Decongestant
PE," several times within the applicable statute of limitations
period, most recently within the last six months in 2023.
CVS Pharmacy, Inc. is a retail pharmacy that offers prescription
drugs, over-the-counter drugs, beauty products, and cosmetics.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
- and -
Nick Suciu III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
6905 Telegraph Rd., Suite 115
Bloomfield Hills, MI 48301
Telephone: (313) 303-3472
E-mail: nsuciu@milberg.com
- and -
Jeff Ostrow, Esq.
Jonathan M. Streisfeld, Esq.
Kristen Lake Cardoso, Esq.
Daniel Tropin, Esq.
Kenneth Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
streisfeld@kolawyers.com
cardoso@kolawyers.com
tropin@kolawyers.com
- and -
Melissa S. Weiner, Esq.
Ryan J. Gott, Esq.
PEARSON WARSHAW, LLP
328 Barry Avenue South, Suite 200
Wayzata, MN 55391
Telephone: (612) 389-0600
E-mail: mweiner@pwfirm.com
rgott@pwfirm.com
- and -
Erin Ruben, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
E-mail: eruben@milberg.com
- and -
J. Hunter Bryson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
405 E 50th Street
New York, NY 10022
Telephone: (630) 796-0903
E-mail: hbryson@milberg.com
- and -
Karl Amelchenko, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
E-mail: kamelchenko@milberg.com
- and -
Jimmy Mintz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
201 Sevilla Ave., 2nd Floor
Coral Gables, FL 33134
Telephone: (786) 876-8200
E-mail: jmintz@milberg.com
DD LOGISTICS: Fazlovic Sues Over Labor Law, Civil Rights Violations
-------------------------------------------------------------------
MILA FAZLOVIC, Plaintiff v. DD LOGISTICS, INC., an Illinois
corporation, DEJAN DERIKONJIC, an individual, Defendants, Case No.
1:23-cv-14087 (N.D. Ill., Sept.25, 2023) is a class action alleging
claims against the Defendants for, among other things, assault,
defamation, invasion of privacy, and violations of of Title VII of
the Civil Rights Act, the Fair Labor Standards Act, the Illinois
Minimum Wage Law, and the Illinois Wage Payment and Collections
Act.
In or around October 2019, Plaintiff, at the request of Defendant
Derikonjic became an employee of Defendant DD Logistics, Inc.,
where she reported to and worked directly under Defendant
Derikonjic, as the Owner, President, and Agent of DD Logistics. The
Plaintiff began her employment in the accounting department, but
was soon promoted to Executive Director, overseeing accounting --
including accounts receivable and payroll, safety, the ELD team,
legal matters, and insurance claims department. During this time,
Plaintiff never received her promised paid vacation time, nor a
single bonus. The Plaintiff also worked many nights because she was
always on call, consistently working between 50 and 70 hours a week
and never being paid overtime, says the suit.
Among other things, the Defendants allegedly discriminated against
Plaintiff in the terms, conditions, and privileges of her
employment and/or in interfered with her work opportunities because
her sex, female, in violation of Title VII of the Civil Rights Act.
Accordingly, Plaintiff requests judgment against Defendant, in an
amount that will fully compensate her for her injuries and damages
for Defendant's violation of Plaintiff's rights under Title VII of
the Civil Rights Act., and award Plaintiff damages for loss of
wages, past and future, severe emotional distress, pain and
suffering, embarrassment, humiliation, court costs, reasonable
attorneys' fees, compensatory damages, punitive damages, and any
other damages allowed under the Title VII of the Civil Rights Act.
Located at 679 E. South Frontage Rd., Bolingbrook, IL, DD Logistics
Inc. offers freight forwarding services. [BN]
The Plaintiff is represented by:
John C. Kreamer, Esq.
KREAMER LAW GROUP, LLC
1100 E. Warrenville Rd., Ste.135
Naperville, IL 60563
Telephone: (630) 857-3609
Facsimile: (630) 597-9532
E-mail: jckreamer@kreamerlawgroup.com
DEIVI: Wilshire Law Suit Removed to E.D. California
---------------------------------------------------
The case styled as Wilshire Law Firm v. Deivi, individually, and on
behalf of all others similarly situated, Case No. CU23-02357 was
removed from Solano Superior Court, to the U.S. District Court for
the Eastern District of California on Sept. 26, 2023.
The District Court Clerk assigned Case No. 1:23-at-00827 to the
proceeding.
The nature of suit is stated as Other Fraud.
Wilshire Law Firm -- https://wilshirelawfirm.com/ -- is an
award-winning personal injury, employment, and class action law
firm that has been serving clients for over 15 years.[BN]
EL CENTRO DEL BARRIO: Johnson Files Suit in W.D. Texas
------------------------------------------------------
A class action lawsuit has been filed against El Centro Del Barrio.
The case is styled as Caitlin Johnson, on behalf of herself and all
others similarly situated v. El Centro Del Barrio d/b/a CentroMed,
Case No. 5:23-cv-01200 (W.D. Tex., Sept. 26, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
El Centro Del Barrio doing business as CentroMed --
https://centromedsa.com/ -- is a 501(c)3 non-profit organization
that provides healthcare for all populations across the greater San
Antonio area.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
ELEVATING SALES: Teplow Sues Over Refusal to Pay Overtime Wages
---------------------------------------------------------------
Regina Teplow, individually and on behalf of all others similarly
situated v. ELEVATING SALES CORP., Case No. 4:23-cv-03577 (S.D.
Tex., Sept. 22, 2023), is brought against the Defendants violation
of the Fair Labor Standards Act of 1938 ("FLSA") as a result of the
Defendants refusal to pay overtime wages.
During the Plaintiff's employment with the Defendant, she regularly
worked in excess of forty hours per week. the Defendant knew or
should have known that the Plaintiff worked in excess of forty
hours per week. the Defendant did not pay the Plaintiff for the
hours she worked in excess of forty per week "at a rate not less
than one and one-half times the regular rate at which she was
employed." Instead, the Defendant paid the Plaintiff at the same
rate of pay for all of the hours she worked. The Plaintiff was not
exempt from the maximum hour requirements of the FLSA. The
Defendant willfully violated the FLSA because it knew or showed a
reckless disregard for whether its pay practices were unlawful,
says the complaint.
The Plaintiff was employed by the Defendants as a project manager
from August 16, 2019, to March 29, 2023.
The Defendant is a logistics business.[BN]
The Plaintiff is represented by:
Melissa Moore, Esq.
Curt Hesse, Esq.
MOORE & ASSOCIATES
Lyric Centre
440 Louisiana Street, Suite 675
Houston, TX 77002
Phone: (713) 222-6775
Facsimile: (713) 222-6739
Email: curt@mooreandassociates.net
melissa@mooreandassociates.net
EMPIRE CHAUFFEUR: Davis Suit Removed to C.D. California
-------------------------------------------------------
The case captioned as Roberto Davis, individually, and on behalf of
all others similarly situated v. EMPIRE CHAUFFEUR SERVICE, LTD., a
California corporation; CLS TRANSPORTATION LOS ANGELES, LLC; a
California corporation; and DOES 1 through 10, inclusive, Case No.
23STCV15371 was removed from the Superior Court of the State of
California, County of Los Angeles, to the United States District
Court for the Central District of California on Sept. 22, 2023, and
assigned Case No. 2:23-cv-07968.
The Complaint asserts the following nine causes of action: Failure
to Pay Minimum and Straight Time Wages; Failure to Pay Overtime
Wages; Failure to Provide Meal Periods; Failure to Authorize and
Permit Rest Periods; Failure to Timely Pay Final Wages at
Termination; Failure to Provide Accurate Itemized Wage Statements;
Failure to Indemnify Employees for Expenditures; Failure to Produce
Requested Employment Records; and Unfair Business Practices.[BN]
The Defendants are represented by:
Tanja L. Darrow, Esq.
James Payer, Esq.
LITTLER MENDELSON P.C.
633 West 5th Street, 63rd Floor
Los Angeles, CA 90071
Phone: 213.443.4300
Fax: 800.715.1330
Email: tdarrow@littler.com
jpayer@littler.com
- and -
Shahram Samie, Esq.
LITTLER MENDELSON P.C.
2049 Century Park East, 5th Floor
Los Angeles, California 90067.3107
Phone: 310.553.0308
Fax: 800.715.1330
Email: ssamie@littler.com
EMS MANAGEMENT: Fails to Secure Customers' Info, Turnage Claims
---------------------------------------------------------------
TONI TURNAGE, individually and on behalf of all others similarly
situated, Plaintiff v. EMS MANAGEMENT AND CONSULTANTS, INC.,
Defendant, Case No. 1:23-cv-00821 (M.D.N.C., September 27, 2023) is
a class action against the Defendant for negligence, breach of
implied contract, breach of the implied covenant of good faith and
fair dealing, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated customers stored within its
network systems following a data breach on or no later than May 30,
2023. The Defendant also failed to timely notify the Plaintiff and
similarly situated individuals about the data breach. As a result,
the PII of the Plaintiff and Class members were compromised and
damaged through access by and disclosure to unknown and
unauthorized third parties, says the suit.
EMS Management and Consultants, Inc. is a billing services
provider, with its principal place of business located at 2540
Empire Drive, Ste. 100, Winston-Salem, North Carolina. [BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
E-mail: sharris@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Ave., NW, Suite 440
Washington, DC 20015
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
E-mail: dlietz@milberg.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
E-mail: klaukaitis@laukaitislaw.com
EMS MANAGEMENT: O'Neal Files Suit in D. North Dakota
----------------------------------------------------
A class action lawsuit has been filed against EMS Management &
Consultants, Inc. The case is styled as Samantha O'Neal,
individually and on behalf of all others similarly situated v. EMS
Management & Consultants, Inc., Case No. 1:23-cv-00738-TDS-JLW
(D.N.C., Aug. 29, 2023).
The nature of suit is stated as Other P.I.
EMS Management & Consultants -- https://emsmc.com/ -- is a billing
services provider in North Carolina.[BN]
The Plaintiff is represented by:
John R. Taylor, Esq.
JOHN TAYLOR LAW FIRM, PLLC
4509 Creedmoor Rd., Suite 201
Raleigh, NC 27612
Phone: (919) 867-4528
Email: jtaylor@taylorfirmnc.com
EMTEC INC: Velayudhan Sues Over Cyberattack and Data Breach
-----------------------------------------------------------
Ajaigopal Velayudhan, on behalf of himself individually and on
behalf of all others similarly situated v. EMTEC, INC., Case No.
16-2023-CA-010207-XXXX-MA (Fla. 4th Judicial Cir. Ct., Duval Cty.,
Aug. 29, 2023), is brought arising out of the recent cyberattack
and data breach (“Data Breach”) that was perpetuated against
Emtec, a Florida based company that provides its clients with a
variety of consulting services, including technology,
infrastructure, and public relations services.
The Plaintiff’s and Class Members’ sensitive personal
information which was entrusted to Defendant—was compromised and
unlawfully accessed due to the Data Breach. Emtec collected and
maintained certain personally identifiable information of Plaintiff
and the putative Class Members, who are (or were) employees at an
Emtec entity.
The Private Information compromised in the Data Breach included
Plaintiff’s and Class Members’ names, addresses, dates of
birth, financial account and routing information, Social Security
numbers, (“personally identifying information” or “PII”),
and health insurance information, which is protected health
information (“PHI” and collectively with Private Information,
“Private Information”) as defined by the Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”). The
Private Information compromised in the Data Breach was targeted and
exfiltrated by cyber-criminals and remains in the hands of those
cyber-criminals.
The Data Breach was a direct result of Defendant’s failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect its employees’ Private Information
from a foreseeable and preventable cyber attack.
The Plaintiff brings this class action lawsuit on behalf of those
similarly situated to address Defendant’s inadequate safeguarding
of Class Members’ Private Information that it collected and
maintained, and for failing to provide timely and adequate notice
to Plaintiff and other Class Members that their information had
been subject to the unauthorized access by an unknown third party
and precisely what specific type of information was accessed, says
the complaint.
The Plaintiff is a former employee of a company that the Defendant
acquired in approximately March 2008.
The Defendant is a Florida-based business that provides its clients
with a variety of consulting services, including IT
consulting.[BN]
The Plaintiff is represented by:
Jonathan B. Cohen, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
3833 Central Ave.
St. Petersburg, FL 33713
Phone: (865) 247-0080
Email: jcohen@milberg.com
EQUITY NATIONAL: Jaraczewski Files Suit in W.D. Pennsylvania
------------------------------------------------------------
A class action lawsuit has been filed against Equity National Title
& Closing Services, et al. The case is styled as Robert
Jaraczewski, Jas Whitney, individually and on behalf of all others
similarly situated v. EQUITY National Title & Closing Services
doing business as: Secure Collateral, James O'Donnell, Case No.
1:23-cv-00274-SPB (W.D. Pa., Sept. 25, 2023).
The nature of suit is stated as Other Contract for Contract
Dispute.
Equity -- https://www.equitynationaltitle.com/ -- has more than 25
years of experience in title, valuation and settlement
services.[BN]
The Plaintiffs are represented by:
D. Aaron Rihn, Esq.
ROBERT PEIRCE & ASSOCIATES, P.C.
707 Grant Street, Suite 125
Pittsburgh, PA 15219
Phone: (412) 281-7229
Fax: (412) 281-4229
Email: arihn@peircelaw.com
F.D. THOMAS INC: Salazar Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against F.D. Thomas, Inc., et
al. The case is styled as Osvaldo Salazar, on behalf of himself and
all others similarly situated v. J-M Manufacturing Company, Inc.
which will do business in California as J-M Pipe Manufacturing
Company, a California Corporation, Case No. CIVSB2323213 (Cal.
Super. Ct., San Bernardino Cty., Sept. 25, 2023).
The case type is stated as "Complex Civil Unlimited."
F.D. Thomas -- https://www.fdthomas.com/ -- is part of a family of
specialized construction and engineering companies.[BN]
The Plaintiff is represented by:
Mehrdad Bokhour, Esq.
BOKHOUR LAW GROUP, PC
1901 Avenue Of The Stars, Ste. 450
Los Angeles, CA 90067-6006
Phone: 310-975-1493
Fax: 310-675-0861
Email: mehrdad@bokhourlaw.com
FFE TRANSPORTATION: Estrada Sues Over Labor Code Violations
-----------------------------------------------------------
JOHN ESTRADA, an individual, on behalf of himself, all aggrived
employees, and the State of California as a Private Attorneys
General, Plaintiff v. FFE TRANSPORTATION SERVICES, INC., a Delaware
corporation and DOES 1-50, inclusive, Defendant, Case No.
23STCV23341 (Cal. Super., Los Angeles Cty., Sept. 25, 2023) arises
out of the Defendant's violations of California Labor Code's
Private Attorneys General Act of 2004.
Plaintiff Jose Estrada is a resident of the State of California and
worked for Defendant until January of 2023. He asserts that he was
terminated in connection with a reduction in workforce and his last
day worked was January 5, 2023, however his final check was dated
January 9, 2023, and sent via mail.
The Plaintiff alleges that the Defendant failed to comply with
California Labor Code requirements due to erroneous, willful and
intentional employment practices and policies that include (1)
failing to pay lawful wage for all hours worked, including overtime
hours worked; (2) failing to pay minimum wage; (3) failing to pay
wages due upon termination; (4) failing to provide timely meal
breaks; (5) failing to provide rest breaks; (6) failing to provide
suitable seating; (7) failing to provide accurate itemized wage
statements.
FFE Transportation Services, Inc. is a Delaware corporation
authorized to do business and doing business in California. [BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 761-5484
Facsimile: (818) 561-3938
E-mail: nazo@koullaw.com
- and -
Sahag Majarian, Esq.
Garen Majarian, Esq.
MAJARIAN LAW GROUP, APC
18250 Ventura Blvd.
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: sahagii@aol.com
garen@majarianlawgroup.com
FIESTA RESTAURANT: Misleads Shareholders to OK Merger, Zappia Says
------------------------------------------------------------------
JOSEPH ZAPPIA, individually and on behalf of all others similarly
situated, Plaintiff v. FIESTA RESTAURANT GROUP, INC., STACEY RAUCH,
NICHOLAS DARAVIRAS, SHERRILL KAPLAN, ANDREW RECHTSCHAFFEN, NICHOLAS
P. SHEPHERD, NIRMAL K. TRIPATHY, and PAUL TWOHIG, Defendants, Case
No. 1:23-cv-08524 (S.D.N.Y., September 27, 2023) is a class action
against the Defendants for violations of Sections 14(a) and 20(a)
of the Securities Exchange Act of 1934 and Rule 14a-9 promulgated
thereunder, and breach of fiduciary duties under Delaware law.
According to the complaint, the Defendants authorized the filing of
a false and misleading definitive proxy statement on Schedule 14A
with the U.S. Securities and Exchange Commission (SEC) on September
22, 2023 to solicit votes from Fiesta public shareholders to favor
a merger between Fiesta and Garnett Station Partners, LLC.
Specifically, the Proxy failed to disclose the compensation paid to
Jefferies LLC. Because of the material misrepresentations and
omissions in the Proxy, the Plaintiff and other Fiesta stockholders
are threatened with irreparable harm insofar as they will be
deprived of their entitlement to cast fully informed votes with
respect to the merger if such material misrepresentations and
omissions are not corrected before the stockholder vote, says the
suit.
Fiesta Restaurant Group, Inc. is a company that owns, operates, and
franchises the restaurant brand Pollo Tropical, with its principal
executive offices located at 14800 Landmark Boulevard, Suite 500,
Dallas, Texas. [BN]
The Plaintiff is represented by:
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
FITNESS MEMBER: Barrientos Files Suit in N.D. Illinois
------------------------------------------------------
A class action lawsuit has been filed against Fitness Member
Services, LLC. The case is styled as Francis Barrientos, on behalf
of himself and all others similarly situated v. Fitness Member
Services, LLC a Utah limited liability company, d/b/a Vasa Fitness
Corporate, Case No. 1:23-cv-06329 (N.D Ill., Aug. 28, 2023).
The nature of suit is stated as Other Fraud.
Fitness Member Services, LLC doing business as VASA Fitness --
https://vasafitness.com/ -- is a fitness club that is located
throughout the Midwest region of the United States and offers
fitness classes such as aerobic, and KidCare facilities to keep
children occupied.[BN]
The Plaintiff is represented by:
Jeffrey D. Kaliel, Esq.
KALIEL GOLD PLLC
1875 Connecticut Ave NW, 10th Floor
Washington, DC 20009
Phone: (202) 350-4783
Email: jkaliel@kalielpllc.com
FLORIDA HEALTH: Robbins Suit Removed to M.D. Florida
----------------------------------------------------
The case captioned as Randy Robbins, on behalf of himself, and all
others similarly situated v. FLORIDA HEALTH SCIENCES CENTER, INC.
D/B/A TAMPA GENERAL HOSPITAL, Case No. 23-CA-014686 was removed
from the Circuit Court for the Thirteenth Judicial Circuit in and
for Hillsborough County, Florida, to the United States District
Court for the Middle District of Florida on Sept. 26, 2023, and
assigned Case No. 8:23-cv-02170-MSS-AAS.
The Plaintiff asserts six causes of action against TGH: negligence;
breach of implied contract, unjust enrichment; invasion of
privacy--public disclosure of private facts; invasion of
privacy--intrusion upon seclusion; and violation of the Florida
Deceptive and Unfair Trade Practices Act ("FDUTPA").[BN]
The Defendants are represented by:
Julie Singer Brady, Esq.
BAKER & HOSTETLER LLP
200 South Orange Avenue, Suite 2300
Orlando, FL 32801
Phone: 407.649.4000
Facsimile: 407.841.0168
Email: jsingerbrady@bakerlaw.com
Secondary Email: mrios@bakerlaw.com
- and -
Casie D. Collignon, Esq.
Sarah A. Ballard, Esq.
1801 California Street, Suite 4400
Denver, CO 80202
Phone: 303.861.0600
Facsimile: 303.861.7805
FORD MOTOR: Childress Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Lisa Childress, individually and on behalf of
herself and all others similarly situated v. FORD MOTOR COMPANY;
and DOES 1-100, inclusive, Case No. CIV SB2316694 was removed from
the San Bernardino County Superior Court, State of California, to
the United States District Court for the Central District of
California on Sept. 22, 2023, and assigned Case No. 5:23-cv-01949.
In her Complaint, Plaintiff alleges seven causes of action against
Ford: Failure to Pay Minimum Wages; Failure to Provide Meal
Periods; Failure to Provide Rest Periods; Knowing and Intentional
Failure to Comply with Itemized Employee Wage Statement Provisions;
Failure to Timely Pay Wages Owed at Separation; Failure to
Reimburse Necessary Expenses; and Violation of the Unfair
Competition Law.[BN]
The Defendants are represented by:
Katherine V.A. Smith, Esq.
Angela Reid, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Phone: 213.229.7000
Facsimile: 213.229.7520
Email: ksmith@gibsondunn.com
areid@gibsondunn.com
- and -
Megan Cooney, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Phone: 949.451.3800
Facsimile: 949.451.4220
Email: mcooney@gibsondunn.com
FRESHWORKS INC: Consolidated Shareholder Suit Stayed
----------------------------------------------------
Freshworks Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that on June 21, 2023, the U.S.
District Court for the Northern District of California stayed a
pending securities class action file on March 20, 2023, in light of
pending securities case filed against the company.
The complaint names as defendants the company's current directors,
as well as the company, as nominal defendant, and alleges that
defendants violated Sections 11, 12(a)(2), and 15 of the Securities
Act of 1933 by making material misstatements or omissions in
offering documents filed in connection with the IPO. The complaint
seeks unspecified damages, interest, fees, costs, and rescission on
behalf of purchasers and/or acquirers of common stock issued in the
IPO.
The derivative complaint seeks unspecified damages, attorneys'
fees, and other costs. The company and the other defendants intend
to vigorously defend against the claims in this action.
Freshworks Inc. is a software development company that provides
modern software-as-a-service products. It is headquartered in San
Mateo, California.
GOOD SPREAD INC: Luis Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Good Spread, Inc. The
case is styled as Kevin Yan Luis, individually and on behalf of all
others similarly situated v. Good Spread, Inc., Case No.
1:23-cv-08488-LGS (S.D.N.Y., Sept. 26, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Good Spread -- https://helpgoodspread.com/ -- is a manufacturing
company that produces and sells beauty, cosmetic, personal care,
and skin hydration products.[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
GRIFFIN HOSPITAL: Settles Class Suit Over Reused Insulin Pens
-------------------------------------------------------------
Mariah Taylor of Becker's Hospital Review reports that Griffin
Hospital in Derby, Conn., has settled a class action lawsuit nine
years after they warned patients they could have a blood-borne
disease as a result of hospital employees who reused insulin
injection pens, CTPost reported Sept. 22.
In May 2014, hospital CEO Patrick Charmel sent a letter to 3,149
former patients stating the hospital "identified the possibility
that insulin pens ordered for patients hospitalized between Sept.
1, 2008, and May 7, 2014, may have been misused."
Hospital officials identified five nurses linked to the misuse who
were "re-educated."
The lawsuit, filed by former patients in 2016, alleged nurses
reused multidose insulin injection pens on multiple patients
between 2008 and 2014. The injector pens are meant to provide
multiple doses of insulin to a single patient. Using the same pen
on multiple patients potentially exposed thousands of patients to
blood-borne pathogens, the lawsuit alleged. The disposable needles
inside the pens were not reused.
The hospital offered free blood-borne pathogen tests, and more than
1,000 plaintiffs returned to the hospital for the tests and
received negative results.
The hospital settled the class action lawsuit and agreed to pay $1
million to members of the class action.
"Plaintiffs do not claim that they contracted any blood-borne
pathogens as a result of the misuse of insulin pens by Griffin
Hospital staff nor has there been any evidence produced in this
matter that the alleged misuse of the insulin pens by Griffin
Hospital staff led to any disease transmissions to the class
plaintiffs," the settlement document states. [GN]
GRUBHUB HOLDINGS: Villaescusa Suit Removed to C.D. California
-------------------------------------------------------------
The case captioned as Richard Villaescusa and Alexandre Torres
Pereira, on behalf of themselves and all others similarly situated
v. GRUBHUB HOLDINGS, INC., GRUBHUB, INC., and DOES 1 through 10,
inclusive, Case No. 23STCV19886 was removed from the Superior Court
of California in and for the County of San Mateo, to the United
States District Court for the Central District of California on
Sept. 25, 2023, and assigned Case No. 2:23-cv-08030.
The Complaint asserts the following causes of action on behalf of
Plaintiffs and the putative class against Defendants: Failure to
Reimburse Work Expenses under California Labor Code and IWC Wage
Order No. 9; Failure to Pay Minimum Wage under California Labor
Code, the Los Angeles Minimum Wage Ordinance, and IWC Wage Order
No. 9; Failure to Pay Overtime Pay under California Labor Code and
IWC Wage Order No. 9; Failure to Provide Rest Periods under IWC
Wage Order No. 9 and California Labor Code; Failure to Provide a
Meal Period under California Labor Code and IWC Wage Order No. 9;
Failure to Provide Paid Sick Leave under California Labor Code and
the Los Angeles Minimum Wage Ordinance; Failure to Pay All
Compensation Due Upon Discharge under California Labor Code;
Failure to Provide Proper Itemized Wage Statements under California
Labor Code and IWC Wage Order No. 9; Unlawful or Unfair Business
Practices in Violation of California Business and Professions Code;
and Breach of Written Contract for Failing to Pay Mileage
Requirement.[BN]
The Defendants are represented by:
Andrew M Spurchise, Esq.
LITTLER MENDELSON, P.C.
900 Third Avenue
New York, NY 10022.3298
Phone: 212.583.9600
Fax: 212.832.2719
Email: aspurchise@littler.com
- and -
Lisa Lin Garcia, Esq.
Blair C. Senesi, Esq.
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Phone: 415.433.1940
Fax: 415.399.8490
Email: llgarcia@littler.com
bsenesi@littler.com
GUIDING HANDS: Trenchfield Sues Over Failure to Provide Meal Period
-------------------------------------------------------------------
Althia Victoria Trenchfield, individually and on behalf of all
others similarly situated v. GUIDING HANDS RESIDENTIAL CARE, INC.;
and DOES 1 through 100, Case No. 23STCV23152 (Cal. Super. Ct., Los
Angeles Sept. 15, 2023), is brought against the Defendant's failure
to provide compliant meal periods, failure to provide compliant
rest periods, failure to reimburse work-related expenses, wage
statement penalties, waiting time penalties, violation of Unfair
Competition Law and Private Attorneys General Act.
The Defendants failed to provide Plaintiff with compliant meal
breaks because of severe understaffing and an unrealistic number of
patients to care for Plaintiff had to eat lunch while working.
Despite not being provided with compliant meal breaks, Defendant
did not pay premium pay for these missed breaks at Plaintiff's
regular rate of pay. The Defendant failed to provide Plaintiff with
compliant rest breaks because rest breaks usually missed entirely.
Despite not being provided with compliant rest breaks, Defendant
did not pay premium pay for these missed breaks at Plaintiff's
regular rate of pay. Defendants failed to reimburse Plaintiff for
all work-related expenses because Plaintiff was required to
purchase CPR cards in order to perform their work duties, but
Defendants did not reimburse Plaintiff for these expenses.
The Defendants failed to provide Plaintiff with accurate wage
statements because the wage statements issued to Plaintiff did not
accurately list total wages owed and hours worked, among other
things. Due to Defendants' failure to pay all wages due to
Plaintiff during their employment, it follows that Defendant failed
to pay all wages due at the conclusion of Plaintiff's employment as
well. Therefore, Defendants are liable to Plaintiff for waiting
time penalties, says the complaint.
The Plaintiff was Defendants' employee and was employed by
Defendants from 2/9/2009 to 1/17/2023.
Guiding Hands Residential Care, Inc. is a California corporation
with its principal place of business located in Los Angeles,
California.[BN]
The Plaintiff is represented by:
Manny Starr, Esq.
Daniel Ginzburg, Esq.
FRONTIER LAW CENTER
23901 Calabasas Road, Suite 1084
Calabasas, CA 91302
Phone: (818) 914-3433
Facsimile: (818) 914-3433
Email: manny@frontierlawcenter.com
dan@frontierlawcenter.com
HEARTLAND BANK: Settlement in Principle Reached in DeBaere Suit
---------------------------------------------------------------
HBT Financial, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that on May 15, 2023, its subsidiary
Heartland Bank and Trust Company reached an agreement in principle
to settle a purported class action lawsuit filed in June 2020, in
the Circuit Court of Cook County, Illinois captioned "DeBaere, et
al v. Heartland Bank and Trust Company."
The plaintiff, a customer of the bank, alleges that the bank
breached its contract with the plaintiff by charging multiple
insufficient funds fees or overdraft fees on a single
customer-initiated transaction, and charging overdraft fees for
transactions that were authorized on a positive account balance,
but when settled, settled into a negative balance.
If the proposed settlement agreements are approved by the Court and
are not subject to appeal, the bank will make one-time cash
payments totaling $3.4 million.
HBT Financial, Inc. is headquartered in Bloomington, Illinois and
is the holding company for Heartland Bank and Trust Company. The
bank provides a comprehensive suite of business, commercial, wealth
management and retail banking products and services to individuals,
businesses, and municipal entities throughout Illinois and Eastern
Iowa.
HEARTLAND BANK: Settlement in Principle Reached in Miller Suit
--------------------------------------------------------------
HBT Financial, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that that on May 15, 2023, its
subsidiary Heartland Bank and Trust Company reached an agreement in
principle to settle a purported class action lawsuit filed in June
2020, in the Circuit Court of Cook County, Illinois captioned
"Miller, et al v. State Bank of Lincoln and Heartland Bank and
Trust Company."
The plaintiff, a customer of the bank, alleges that the bank
breached its contract with the plaintiff by charging multiple
insufficient funds fees or overdraft fees on a single
customer-initiated transaction, and charging overdraft fees for
transactions that were authorized on a positive account balance,
but when settled, settled into a negative balance.
If the proposed settlement agreements are approved by the Court and
are not subject to appeal, the bank will make one-time cash
payments totaling $3.4 million.
HBT Financial, Inc. is headquartered in Bloomington, Illinois and
is the holding company for Heartland Bank and Trust Company. The
bank provides a comprehensive suite of business, commercial, wealth
management and retail banking products and services to individuals,
businesses, and municipal entities throughout Illinois and Eastern
Iowa.
HOLZ RUBBER COMPANY: Pardee Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Holz Rubber Company,
Inc., et al. The case is styled as John Pardee, on behalf of
himself and all others similarly situated, and the general public
v. Holz Rubber Company, Inc., HR Outsourcing Associates, LLC, Case
No. STK-CV-UOE-2023-0010123 (Cal. Super. Ct., San Joaquin Cty.,
Sept. 25, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Holz Rubber -- https://www.holzrubber.com/ -- is a leader in rubber
manufacturing, offering world-class customer support, technical
expertise & the highest quality products.[BN]
HORIZON BANCORP: Hundley Futures Files Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Horizon Bancorp,
Inc., et al. The case is styled as Sally Hundley, Craig M. Dwight,
and others similarly situated v. Horizon Bancorp, Inc., Mark E.
Secor, Susan D. Aaron, Eric P. Blackhurst, James B. Dworkin, Julie
Scheck Freigang, Michele M. Magnuson, Peter L. Pairitz, Steven
William Reed, Spero W. Valavanis, Case No. 1:23-cv-06423-BMC
(E.D.N.Y., Aug. 28, 2023).
The nature of suit is stated as Securities/Commodities.
Horizon -- https://www.horizonbank.com/ -- is a community bank
serving Northern and Central Indiana and Southwest Michigan.[BN]
The Plaintiff is represented by:
Benjamin Isaac Sachs-Michaels, Esq.
GLANCY PRONGAY & MURRAY LLP
745 Fifth Avenue, 5th Floor
New York, NY 10151
Phone: (212) 935-7400
Email: bsachsmichaels@glancylaw.com
- and -
Joseph DeSimone, Esq.
Gina Marie Parlovecchio, Esq.
Luc W. M. Mitchell, Esq.
MAYER BROWN LLP
1221 Avenue of the Americas
New York, NY 10020
Phone: (212) 506-2500
Fax: (212) 506-2721
Email: jdesimone@mayerbrown.com
gparlovecchio@mayerbrown.com
lmitchell@mayerbrown.com
HUB INTERNATIONAL: Ries Files Suit in N.D. Illinois
---------------------------------------------------
A class action lawsuit has been filed against Hub International
Limited. The case is styled as Stephen Ries, on behalf of himself
and all others similarly situated v. Hub International Limited,
Case No. 1:23-cv-06430 (N.D. Ill., Aug. 29, 2023).
The nature of suit is stated as Other Personal Property.
HUB International -- https://www.hubinternational.com/ -- is a
leading North American insurance brokerage that provides employee
benefits, business, and personal insurance products and
services.[BN]
The Plaintiff is represented by:
Raina C. Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Phone: (608) 237-1775
Email: raina@turkestrauss.com
JET AVIATION: Kapitanski Suit Removed to N.D. California
--------------------------------------------------------
The case captioned as Edwin Kapitanski, individually and on behalf
of other members of the public similarly situated v. JET AVIATION
FLIGHT SERVICES, INC. AND DOES 1-10, INCLUSIVE, Case No.
23-CIV-03953 was removed from the Superior Court of California in
and for the County of San Mateo, to the United States District
Court for the Northern District of California on Sept. 25, 2023,
and assigned Case No. 3:23-cv-04900-AGT.
The Plaintiff's Complaint alleges eight causes of action against
Jet Aviation: failure to provide meal periods; failure to provide
rest periods; failure to pay minimum wages; failure to pay overtime
wages; failure to provide compliant itemized wage statements;
failure to timely pay wages due; failure to reimburse employee
expenses; and unfair competition.[BN]
The Defendants are represented by:
Brian D. Berry, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Phone: +1.415.442.1000
Fax: +1.415.442.1001
Email: brian.berry@morganlewis.com
- and -
Andrew P. Frederick, Esq.
Ashlee Cherry, SBN 312731
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304-1124
Phone: +1.650.843.4000
Fax: +1.650.843.4001
Email: andrew.frederick@morganlewis.com
ashlee.cherry@morganlewis.com
JOHNSON & JOHNSON: Joyner Balks at Tylenol Sinus' False Ads
-----------------------------------------------------------
Pamela Joyner, individually and on behalf of all others similarly
situated, Plaintiff v. Johnson & Johnson Consumer, Inc., Defendant,
Case No. 3:23-cv-20558 (D.N.J., Sept. 21, 2023) is a class action
brought by Plaintiff on behalf of herself and all others similarly
situated who purchased Defendant's tablet style phenylephrine
medicine, "Tylenol Sinus" branded drugs, containing phenylephrine,
that were manufactured, marketed, labeled, distributed, and sold by
Defendant.
According to the complaint, the said drugs are designed to combat
sinus issues, such as congestion, among other things. But based on
a review conducted by the U.S. Food and Drug Administration, the
drugs are ineffective as decongestants due to their active
ingredient being phenylephrine. These drugs, specifically those
containing phenylephrine, were brought to market as alternatives
for other types of medicines that were prone to abuse by illicit
drug producers, as to create methamphetamine, says the suit.
The Plaintiff brings this action because of Defendant's fraud,
false marketing, false advertising, breach of contract, breach of
warranty, and breaches of state law consumer protection statutes.
Johnson & Johnson Consumer, Inc. is an American multinational,
pharmaceutical, and medical technologies corporation headquartered
in New Brunswick, New Jersey.[BN]
The Plaintiff is represented by:
Philip Furia, Esq.
THE SULTZER LAW GROUP P.C.
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Telephone: (845) 483-7100
Facsimile: (888) 749-7747
E-mail: furiap@thesultzerlawgroup.com
- and -
Roy T. Willey, IV, Esq.
Paul J. Doolittle, Esq.
Blake G. Abbott, Esq.
POULIN WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
E-mail: roy.willey@poulinwilley.com
paul.doolittle@poulinwilley.com
blake.abbott@poulinwilley.com
cmad@poulinwilley.com
JOHNSON & JOHNSON: Lawrence Balks at Benadryl's False Ad
--------------------------------------------------------
Kristin Lawrence, individually and on behalf of all others
similarly situated, Plaintiff v. Johnson & Johnson Consumer, Inc.,
Defendant, Case No. 3:23-cv-20551 (D.N.J., Sept. 21, 2023) is a
class action brought by Plaintiff on behalf of herself and all
others similarly situated who purchased Defendant's tablet style
phenylephrine medicine, "BENADRYL(R) Allergy Plus Congestion"
branded products, containing phenylephrine, that were manufactured,
marketed, labeled, distributed, and sold by Defendant.
According to the complaint, the said drugs are designed to combat
sinus issues, such as congestion, among other things. But based on
a review conducted by the U.S. Food and Drug Administration, the
drugs are ineffective as decongestants due to their active
ingredient being phenylephrine. These drugs, specifically those
containing phenylephrine, were brought to market as alternatives
for other types of medicines that were prone to abuse by illicit
drug producers, as to create methamphetamine, says the suit.
The Plaintiff brings this action because of Defendant's fraud,
false marketing, false advertising, breach of contract, breach of
warranty, and breaches of state law consumer protection statutes.
Johnson & Johnson Consumer, Inc. is an American multinational,
pharmaceutical, and medical technologies corporation headquartered
in New Brunswick, New Jersey.[BN]
The Plaintiff is represented by:
Philip Furia, Esq.
THE SULTZER LAW GROUP P.C.
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Telephone: (845) 483-7100
Facsimile: (888) 749-7747
E-mail: furiap@thesultzerlawgroup.com
- and -
Roy T. Willey, IV, Esq.
Paul J. Doolittle, Esq.
Blake G. Abbott, Esq.
POULIN WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
E-mail: roy.willey@poulinwilley.com
paul.doolittle@poulinwilley.com
blake.abbott@poulinwilley.com
cmad@poulinwilley.com
KAPPO MASA: Faces Class Suit Over Underpaid Employees
-----------------------------------------------------
Alex Greenberger of Artnews reports that Kappo Masa, the elite New
York restaurant owned by gallerist Larry Gagosian and Japanese chef
Masayoshi Takayama, is the subject of a class action lawsuit being
brought by former employees there.
The lawsuit, which was filed this week, features allegations that
Kappo Masa employees both past and present are still owed tip money
for their services. The restaurant relied upon "improper formulas
for the calculation of and distribution of tips during regular
restaurant service, and also for the calculation of and
distribution of gratuities/service charges for private events,"
according to the filing.
Orin Kurtz, a lawyer representing the plaintiffs, told Eater, which
first reported the news on September 21, 2023, that Kappo Masa
"underpaid its employees by 12 percent." Carolyn D. Richmond, a
lawyer for the restaurant, pledged to contest the suit and said
that Kappo Masa had "been in full compliance with all state and
federal wage and hour laws."
Should the Kappo Masa employees win, any tipped worker who has
worked there since September 20, 2017 may be entitled to money.
Kappo Masa, which opened in 2014, has gained a reputation for its
priciness. In his one-star review of it, New York Times critic Pete
Wells wrote that it is "expensive in a way that's hard to forget
either during or after the meal. The cost of eating at Kappo Masa
is so brutally, illogically, relentlessly high, and so out of
proportion to any pleasure you may get, that large numbers start to
seem like uninvited and poorly behaved guests at the table."
The restaurant is located beneath Gagosian's Madison Avenue
gallery. According to a recent New Yorker profile of the dealer, he
dines there several times a week. [GN]
KONICA MINOLTA: Davies Seeks to Recover Proper Overtime Pay
-----------------------------------------------------------
THOMAS DAVIES on his own behalf and on behalf of all others
similarly situated, Plaintiffs v. KONICA MINOLTA HEALTHCARE
AMERICAS, INC., Defendant, Case No. 5:23-cv-00521-BO (E.D.N.C.,
Sept. 25, 2023) alleges that the Defendant violated the Fair Labor
Standards Act.
Plaintiff Davies is a resident of North Carolina and has been
employed as a systems engineer by Konica Minolta since March 2019.
Konica Minolta failed to pay overtime wages to Davies, even though
Davies worked over forty hours per week and failed to qualify for
any exemption to the overtime-pay requirements. Moreover, seeks his
just compensation for Konica Minolta’s violations of the FLSA,
says the suit.
Headquartered in Wayne, NJ, Konica Minolta provides medical
diagnostic imaging and healthcare information technology services.
[BN]
The Plaintiff is represented by:
Brycen Williams, Esq.
WILLIAMS & RAY, PLLC
555 Fayetteville St., Ste. 201
Raleigh, NC 27601
Telephone: (888) 315-3841
Facsimile: (303) 502-5821
E-mail: bw@williamsray.com
KRAFT HEINZ: Settlement in UAMH Suit Gets Initial Nod
-----------------------------------------------------
The Kraft Heinz Company disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 3, 2023, that the United States
District Court for the Northern District of Illinois entered an
order on May 11, 2023, granting preliminary approval of the
proposed settlement of a consolidated securities class action
lawsuit against The Kraft Heinz Company and certain of its current
and former officers and directors
The case captioned "Union Asset Management Holding AG, et al. v.
The Kraft Heinz Company, et al." was filed on August 14, 2020 and
also names 3G Capital, Inc. and several of its subsidiaries and
affiliates as defendants, asserts claims under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, as amended and Rule
10b-5 promulgated thereunder, based on allegedly materially false
or misleading statements and omissions in public statements, press
releases, investor presentations, earnings calls, company documents
and SEC filings regarding its business, financial results and
internal controls.
In February 2023, the parties to the litigation reached a
preliminary settlement agreement. The court has scheduled a final
settlement hearing for September 12, 2023.
The Kraft Heinz Company is a multinational food and beverage
company based in Chicago and Pittsburgh.
LIBERTY MOUNTAIN: Bassaw Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Liberty Mountain
Sports, LLC. The case is styled as Shivan Bassaw, individually, and
on behalf of all others similarly situated v. Liberty Mountain
Sports, LLC, Case No. 1:23-cv-08415-JHR (S.D.N.Y., Sept. 22,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Liberty Mountain -- https://libertymountain.com/ -- is one of the
largest wholesale distributors of technical outdoor products and
climbing gear in the US.[BN]
The Plaintiff is represented by:
Ian Piasecki, Esq.
MIZRAHI KROUB LLP
225 Broadway, Ste. 39th Floor
New York, NY 10007
Phone: (347) 745-0445
Email: ipiasecki@mizrahikroub.com
LYON REAL ESTATE: Bohannon Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Lyon Real Estate. The
case is styled as Kimberly A. Bohannon, and on behalf of all others
similarly situated v. Lyon Real Estate, Case No. 23CV009153 (Cal.
Super. Ct., Sacramento Cty., Sept. 26, 2023).
Lyon Real Estate -- https://www.golyon.com/ -- is a leading
independent real estate company serving the Greater Sacramento
Area.[BN]
MAERSK INC: Former Employee Sues Over 401(k) Fees, Uneven Charges
-----------------------------------------------------------------
Jacklyn Wille at news.bloomberglaw.com reports that Maersk Inc. was
sued by a former employee who says the container shipping company
mismanages its retirement plan by overpaying for administrative
services and charging higher fees to former employees.
The proposed class action, filed in the US District Court for the
Western District of North Carolina, says participants in Maersk's
$766 million retirement plan were forced to pay average annual
administrative fees of $190, when similar plans paid about $47 per
person for administrative services.
The company's pension committee improperly failed to use the plan's
"mammoth size" as leverage to negotiate for lower fees, plaintiff
Charlene Leon. [GN]
MAPFRE USA: Ray Sues Over Unauthorized Access of Drivers' Info
--------------------------------------------------------------
BRIAN RAY, individually and on behalf of all others similarly
situated, Plaintiff v. MAPFRE U.S.A. CORP. and THE COMMERCE
INSURANCE COMPANY, Defendants, Case No. 1:23-cv-12214 (D. Mass.,
September 27, 2023) is a class action against the Defendants for
negligence, violation of the Driver's Privacy Protection Act, and
declaratory judgment.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated drivers stored within MAPFRE's
online auto insurance quote system following a data breach between
July 1 and July 2, 2023. As a result, the PII of the Plaintiff and
Class members were compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
MAPFRE U.S.A. Corp. is an insurance company, headquartered in
Webster, Massachusetts.
The Commerce Insurance Company is an insurance company,
headquartered in Webster, Massachusetts. [BN]
The Plaintiff is represented by:
Stephen J. Teti, Esq.
Karen Hanson Riebel, Esq.
Kate M. Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Ave. South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: sjteti@locklaw.com
khriebel@locklaw.com
kmbaxter-kauf@locklaw.com
MARRIOTT INTERNATIONAL: Hall Suit Removed to S.D. California
------------------------------------------------------------
The case captioned as Todd Hall and George Abdelsayed, individually
and in the interests of the public v. MARRIOTT INTERNATIONAL, INC.,
a Delaware corporation, Case No. 3:19-cv-01715-JO-AHG was removed
from the Superior Court of California, County of San Diego, to the
United States District Court for the Southern District of
California on Sept. 25, 2023, and assigned Case No.
3:23-cv-01764-WQH-MSB.
On August 24, 2023, Plaintiffs filed a First Amended Complaint in
Hall II that added claims unrelated to Marriott's disclosure of
resort fees, which for the first time in this action gave rise to a
basis for removal.[BN]
The Defendants are represented by:
Katherine V.A. Smith, Esq.
Angela Reid, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Phone: 213.229.7000
Facsimile: 213.229.7520
Email: ksmith@gibsondunn.com
areid@gibsondunn.com
- and -
Megan Cooney, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Phone: 949.451.3800
Facsimile: 949.451.4220
Email: mcooney@gibsondunn.com
MDL 2873: AFFF Products Can Cause Cancer, Curnel Suit Alleges
-------------------------------------------------------------
BRYAN CURNEL, 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-04807-RMG (D.S.C., Sept. 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 military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with thyroid disease, says the
suit.
The Curnel case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: AFFF Products Harmful to Human Health, Betts Claims
-------------------------------------------------------------
ROBERT BETTS, 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-04792-RMG (D.S.C., Sept. 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 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 military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with thyroid disease, says the
suit.
The Betts case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: Brown Sues Over Side Effects of Using AFFF Products
-------------------------------------------------------------
CEDRIC BROWN, 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-04796-RMG (D.S.C., Sept. 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 says.
As a result of alleged exposure to the Defendants' AFFF products,
the Plaintiff was diagnosed with kidney cancer.
The Brown case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: Clancy Suit Claims PFAS Exposure From AFFF Products
-------------------------------------------------------------
JAMES CLANCY, 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-04803-RMG (D.S.C., Sept. 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
military members and/or civilian firefighters, 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 asserts.
As a result of alleged exposure to the Defendants' AFFF products,
the Plaintiff was diagnosed with kidney cancer.
The Clancy case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: Clark Sues Over AFFF Products' Risk to Human Health
-------------------------------------------------------------
WILLIAM CLARK, 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-04804-RMG (D.S.C., Sept. 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 military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with bladder cancer, says the
suit.
The Clark case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: Coleman Sues Over Injury Sustained From AFFF Products
---------------------------------------------------------------
RICKY COLEMAN, 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-04806-RMG (D.S.C., Sept. 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 military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, says the
suit.
The Coleman case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: Exposed AFFF Products' Users to PFAS, Brooks Alleges
--------------------------------------------------------------
CAMERON BROOKS, 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-04795-RMG (D.S.C., Sept. 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 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 thyroid cancer, says the suit.
The Brooks case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: Exposed Military Members to PFAS, Coghill Suit Claims
---------------------------------------------------------------
DAVID COGHILL, 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-04805-RMG (D.S.C., Sept. 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 military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, says the
suit.
The Coghill case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: Faces Campbell Suit Over AFFF Products' Harmful Effects
-----------------------------------------------------------------
JOE 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-04799-RMG (D.S.C., Sept. 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 thyroid disease, the suit alleges.
The Campbell case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MDL 2873: Faces Fendly Suit Over Complications From AFFF Products
-----------------------------------------------------------------
NEILL FENDLY, 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-04809-RMG (D.S.C., Sept. 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 military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, says the
suit.
The Fendly case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
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:
James E. Murrill, Jr., Esq.
Keith Jackson, Esq.
RILEY & JACKSON, P.C.
3530 Independence Dr.
Birmingham, AL 35209
Telephone: (205) 879-5000
Facsimile: (205) 879-5901
MEDICAL COURIERS: Baldwin-Greene Files Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Medical Couriers
Inc., et al. The case is styled as Shay Baldwin-Greene, on behalf
of all others similarly situated v. Medical Couriers Inc., et al,
Case No. 23CV008980 (Cal. Super. Ct., Sacramento Cty., Sept. 25,
2023).
Liberty Mountain -- https://libertymountain.com/ -- is one of the
largest wholesale distributors of technical outdoor products and
climbing gear in the US.[BN]
NOTE: The nature of suit and the professionals are not stated in
the doc.
MGM RESORTS: Faces Class Suit Over Exposure of Personal Info
------------------------------------------------------------
Bob Leal of Courthouse News Service reports that on September 22,
2023 was MGM Resort International's turn to face a class action
stemming from a massive data breach that exposed its customers'
personal information and hobbled operations last week, following
another, similar class action targeting fellow Vegas Strip
heavyweight Caesars Entertainment for a similar cyberattack.
On Sept. 7, cyberattackers "gained access to defendant's network by
impersonating an IT admin and gaining access credentials. The
hackers then locked down defendant's network preventing resort
guests from using their electronic room cards, Wi-Fi, ATM kiosks,
electronic gaming devices, and other resort services," Emily
Kirwan, who brings the suit on behalf of herself and other members
of MGM's loyalty program affected by the cyberattack, said in the
suit.
Kirwan -- represented by attorney Nathan Ring of Stranch, Jennings
& Garvey -- claims MGM failed to safeguard and maintain adequate
measures to prevent the unauthorized disclosure of customers'
data.
According to Kirwan, full names, dates of birth, addresses, email
addresses, phone numbers, Social Security numbers and/or driver's
license numbers were exposed, as a result of MGM's negligence and
failure to follow "adequate and reasonable" procedures and policies
regarding the encryption of data." Kirwan also said in the suit
filed on September 22, 2023 in federal court in Nevada the conduct
amounts at least to negligence and violates federal and state
statutes.
Two cybercriminal organizations have taken credit for the attack.
One of the hacking groups, known as "The Scatter Spider" claims it
stole "six terabytes" of data from the multi-billion-dollar hotel
and casino operator, Kirwan said in the suit.
The second group, ALPHV, referred to in the suit as a ransomware
criminal organization, claimed to have downloaded "personally
identifiable information."
Customers have suffered a number of injuries "as a result of
defendant's conduct," including invasion of privacy, lost time
associated with attempting to mitigate the consequences of the data
breach, and the continued and increased risk to their personal
information, Kirwan says.
Kirwan claims the customers' personal information will be subject
to further unauthorized disclosures because MGM "fails to undertake
appropriate and adequate measures."
MGM collects customers' personal information through its MGM
Rewards Program. The customers received "promises and
representations" that their personal information would be kept safe
and confidential."
"On September 11, 2023, MGM posted a message informing consumers
that MGM experienced a cybersecurity issue affecting some of its
systems. According to one cybercriminal group that has taken credit
for the attack, the cybercriminals gained access to defendant's
systems by impersonating an employee to gain access credentials, a
relatively simple social engineering attack. Once the threat actors
gained access to the network, the cybercriminals deployed
ransomware designed to lock down defendant's network as leverage to
force defendant to pay a ransom," Kirwin writes in the suit.
Kirwan claims that MGM "was aware that it was vulnerable to this
type of attack because the IT vendor that it relied upon, Okta, had
warned of 'a consistent pattern of social engineering attacks
against IT service desk personnel, in which the caller’s strategy
was to convince service desk personnel to reset all multi-factor
authentication factors enrolled by highly privileged users.'"
After the cyberattack, long lines flowed for more than a week
through most of lobbies at MGM properties because the reservation
systems were compromised, forcing employees to ditch computers and
do much of the work by hand.
MGM Resorts International -- which owns properties across the
nation in Nevada, Massachusetts, Michigan, Mississippi, Michigan,
Ohio and New Jersey -- reported that normal operations have now
been reinstated after a 10-day computer shutdown, according to a
post by the company on X, formerly known as Twitter. The company's
Las Vegas properties include some of the Strip's most well-known
properties -- including the largest hotel-casino on the Strip, the
5,000-room MGM Grand, along with the Bellagio, Vdara, Cosmopolitan
and Mandalay Bay.
Ring and MGM could not be reached for comment by press time. [GN]
MGM RESORTS: Kirwan Sues Over Failure to Secure Personal Info
-------------------------------------------------------------
EMILY KIRWAN, individually and on behalf of all others similarly
situated, Plaintiff v. MGM RESORTS INTERNATIONAL, Defendant, Case
No. 2:23-cv-01481-RFB-DJA (D. Nev., Sept. 21, 2023) is a class
action against Defendant for its failure to prevent a cyberattack
that compromised Plaintiff's and other similarly situated
consumers' personally identifiable information, including, upon
information and belief, their full names, dates of birth,
addresses, email addresses, phone numbers, Social Security numbers
and/or driver's license numbers.
According to the complaint, beginning on September 7, 2023
cyberattackers gained access to Defendant's network by
impersonating an IT admin and gaining access credentials. The
cyberattackers then locked down Defendant's network preventing
resort guests from using their electronic room cards, Wi-Fi, ATM
kiosks, electronic gaming devices, and other resort services.
Allegedly, the Defendant failed to adequately protect Plaintiff's
and Class members PII -- and failed to even encrypt or redact this
highly sensitive information. This unencrypted, unredacted PII was
compromised due to Defendant's negligent and/or careless acts and
omissions and its utter failure to protect consumers' sensitive
data. The hackers targeted and obtained Plaintiff's and Class
members' PII because of its value in exploiting and stealing the
identities of Plaintiff and Class members. The present and
continuing risk to victims of the data breach will remain for their
respective lifetimes, says the suit.
MGM Resorts International owns and operates casino gaming brands
with resorts throughout the United States, which include dining,
live entertainment, accommodations, shopping, and gaming.[BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
3100 W. Charleston Boulevard, Suite 208
Las Vegas, NV 89102
Telephone: (725) 235-9750
E-mail: nring@stranchlaw.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
- and -
J. Gerard Stranch IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
MIKE TOPANGA: Kepler Seeks Proper Wages for Exotic Dancers
----------------------------------------------------------
ANDREA KEPLER, on behalf of herself and all others similarly
situated, Plaintiff v. MIKE TOPANGA, INC. D/B/A THE HOLIDAY,
Defendant, Case No. 8:23-cv-01789 (C.D. Cal., Sept. 25, 2023)
alleges violations of the Fair Labor Standards Act, the
Portal-to-Portal Act, the California Unfair Competition Law, the
California Labor Code and related regulations including the
California Private Attorneys General Act.
Plaintiff Kepler is a non-exempt former employee of Defendant who
worked as an exotic dancer at Defendant's adult entertainment club
in Santa Fe Springs, CA. During her tenure as a dancer for
Defendant, she did not receive the FLSA-mandated minimum wage for
all hours worked. Moreover, this class action is brought under FLSA
for the Defendant's violation of the federal minimum wage standards
and under the California state laws for Defendant's various
violations including: (1) failure to pay employees working in
California state-mandated minimum wages, (2) failure to pay
employees working in California overtime compensation at a rate of
one and one-half times their regular rate of pay for all hours
worked over forty per week or over eight per day, or for the first
eight hours of work on the seventh consecutive day of work in a
workweek, (3) failure to pay employees working in California
overtime compensation at a rate of twice the regular rate of pay
for all hours worked in excess of 12 hours in one day, and for any
hours worked in excess of eight hours on the seventh consecutive
day of work in a workweek, (4) failure to pay employees working in
California all wages due within the time specified by law, (5)
failure to afford its employees working in California with proper
meal and rest periods, (6) for recordkeeping violations, and for
statutory penalties assessed in connection with PAGA, the suit
alleges.
Mike Topanga, Inc. owns and manages two gentlemen's clubs located
in Santa Fe Springs and in Fullerton, CA, operating under the name
"The Holiday." [BN]
The Plaintiff is represented by:
Melinda Arbuckle, Esq.
Ricardo J. Prieto, Esq.
WAGE AND HOUR FIRM
3600 Lime Street, Suite 111
Riverside, CA 92501
Telephone: (214) 498-7653
Facsimile: (469) 319-0317
E-mail: marbuckle@wageandhourfirm.com
rprieto@wageandhourfirm.com
MOLINA HEALTHCARE: Fails to Pay Proper Wages, Hester Suit Alleges
-----------------------------------------------------------------
SAMANTHA HESTER, on behalf of herself and all other persons
similarly situated, Plaintiff, v. MOLINA HEALTHCARE, INC.,
Defendant, Case No. 2:23-cv-08006 (C.D. Cal., Sept. 25, 2023)
alleges violations of the Fair Labor Standards Act.
Plaintiff Hester was employed directly by Defendant as a remote
customer service representative in Kentucky from approximately
August 1, 2021 to January 4, 2023. The Plaintiff and other
similarly situated employees of Defendant are/were non-exempt
employees under the FLSA. They regularly worked worked more than 40
hours per workweek. However, they were not compensated for the time
spent not logged into call programs or any other time spent working
to log in or out of the computer systems, applications, and call
system. In addition, the Defendant also failed to make, keep and
preserve records of the unpaid work performed by Plaintiff and
other similarly situated employees when not clocked in, says the
suit.
Headquartered in Long Beach, CA, Molina Healthcare, Inc. is a
Fortune 500 company that provides managed health care services
under the Medicaid and Medicare programs
and through the state insurance Marketplace. [BN]
The Plaintiff is represented by:
Jeffrey Wilens, Esq.
Macy Wilens, Esq.
LAKESHORE LAW CENTER
18340 Yorba Linda Blvd., Suite 107-610
Yorba Linda, CA 92886
Telephone: (714) 854-7205
Facsimile: (714) 854-7206
E-mail: jeff@lakeshorelaw.org
macy@lakeshorelaw.org
- and -
David J. Steiner, Esq.
THE LAZZARO LAW FIRM, LLC
34555 Chagrin Boulevard, Suite 250
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: david@lazzarolawfirm.com
NATIONAL COLLEGIATE: Court Certifies Antitrust Class Action Suit
----------------------------------------------------------------
Steve Berkowitz of USA Today reports that a federal district judge
on September 22, 2023 granted class-action status to the portion of
an anti-trust lawsuit against the NCAA and the nation's top college
conferences that challenges the association's remaining rules
regarding athletes' ability to make money from their names, images
and likenesses.
Based on the lawsuit's allegations, an injunction against the
NCAA's remaining rules regarding athletes' ability to make money
from their names, images and likenesses (NIL) could create the
possibility of athletes being able to get NIL money from their
schools for any reason.
"We're now poised to get the rules stricken that prevent
conferences and schools from making NIL payments," said Steve
Berman, one of the lead attorneys for the plaintiffs. "That's going
to be huge for these athletes."
Lawyers for the plaintiffs in the case also a seeking class-action
status for a damages claim that, according to filings by the NCAA,
could be worth more than $1.4 billion. September 22, 2023's ruling
by U.S. District Judge Claudia Wilken expressly does not address
that issue, with Wilken writing that she resolve that matter in a
separate order.
Wilken is the judge who previously oversaw the O'Bannon and Alston
cases that resulted in findings of antitrust violations by the
NCAA.
If class-action status is granted to all of the groups of athletes
that the plaintiffs are seeking to have covered under the damages
portion of this case, and the plaintiffs then win at trial,
antitrust law calls for the monetary award to be tripled.
September 22, 2023's ruling was not a surprise. In its written
filings in the case, the NCAA had not contested the plaintiffs'
request for an injunction that would change the association's
rules. And during a hearing on September 21, 2023 on all
class-certification matters, a lead attorney for the NCAA, Rakesh
Kilaru specifically said the association and the conferences were
not contesting this issue.
This sets up the case to continue moving forward, even if Wilken
refuses to grant class-action status to any of the damages claims.
And if the plaintiffs prevail, the impact could be significant.
The plaintiffs' complaint alleges that even in the NCAA's current
NIL environment, which became much less regulated in July 2021,
"the NCAA has not suspended enforcement of critical aspects of its
NIL restraints, including those restraints prohibiting NCAA
institutions from compensating student-athletes for use of their
NILs, as well as restraints prohibiting NIL compensation from being
contingent upon athletic participation or performance, or
enrollment at a particular school.
"All of Defendants' NCAA NIL restraints are unreasonable restraints
of trade, are unjustified, and should be enjoined."
The NCAA continues to maintain that NIL payments to athletes cannot
be used as a recruiting inducement or as pay for play.
And in a statement after September 22, 2023's ruling, the NCAA
said: "We expected the order and look forward to defending our
rules in court as part of our continued focus on
student-athletes."
The NCAA's ability to enforce these rules has come into question as
the association also has changed its transfer rules, allowing
football and basketball players to change schools without having to
sit out for a year, as used to be the case.
This change has occurring alongside the passage of varying state
laws concerning college athletes' NIL activities and the
proliferation of NIL collectives --donor groups dedicated to
pooling resources earmarked for NIL opportunities and payments to
athletes at a given school.
The result has been a chaotic environment that has prompted the
NCAA, conferences and schools to lobby Congress for legislative
intervention. [GN]
NETBRANDS MEDIA: Dawson Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Netbrands Media Corp.
The case is styled as Lashawn Dawson, on behalf of himself and all
others similarly situated v. Netbrands Media Corp. doing business
as: 24hourwristbands.com, Case No. 1:23-cv-08457 (S.D.N.Y., Sept.
26, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Netbrands Media Corp. doing business as 24 Hour Wristbands --
https://24hourwristbands.com/ -- are the largest manufacturer of
custom wristbands in the world.[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
NICE-PAK PRODUCTS: Fails to Protect Patients' Info, Willey Says
---------------------------------------------------------------
ROBERT WILLEY, individually and on behalf of all others similarly
situated, Plaintiff v. NICE-PAK PRODUCTS, INC. and PROFESSIONAL
DISPOSABLES INTERNATIONAL, INC., Defendants, Case No. 7:23-cv-08540
(S.D.N.Y., September 27, 2023) is a class action against the
Defendants for negligence, breach of implied contract, unjust
enrichment, violation of the New York Deceptive Trade Practices
Act.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated
customers stored within their network systems following a data
breach. The Defendants also failed to timely notify the Plaintiff
and similarly situated individuals about the data breach. As a
result, the PII and PHI of the Plaintiff and Class members were
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties, says the suit.
Nice-Pak Products, Inc. is a provider of healthcare products, with
a principal place of business in Rockland County, New York.
Professional Disposables International, Inc. is a healthcare
company, with a principal place of business in Bergen County, New
Jersey. [BN]
The Plaintiff is represented by:
Vicki J. Maniatis, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (865) 412-2700
E-mail: vmaniatis@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Ave., NW, Suite 440
Washington, DC 20015
Telephone: (866) 252-0878
E-mail: dlietz@milberg.com
NJC RECYCLING: Ramirez Sues Over Wage-and-Hour Suit in E.D.N.Y.
---------------------------------------------------------------
MANUEL DE JESUS RAMOS RAMIREZ, individually and on behalf of all
others similarly situated, Plaintiff v. NJC RECYCLING CORP.,
NICHOLAS COHEN, and JOHN COHEN, Defendants, Case No. 2:23-cv-07215
(E.D.N.Y., September 28, 2023) is a class action against the
Defendants for violations of the Fair Labor Standards Act, the New
York Labor Law, the New York State Executive Law, and the New York
City Administrative Code including failure to pay overtime wages,
failure to furnish wage statements, failure to provide wage notice,
and unlawful discriminatory practices.
The Plaintiff was employed by the Defendants as a metal cutter
while performing related miscellaneous duties in or around
September 2021 until in or around March 2023.
NJC Recycling Corp. is a scrap metal recycling center, with a
principal executive office located at 63 Sewell Street, Hempstead,
New York. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
OHIO STATE UNIVERSITY: Gonzales Files Suit in S.D. Ohio
-------------------------------------------------------
A class action lawsuit has been filed against Ohio State
University. The case is styled as Edward Gonzales, Kent Kilgore,
Adam Plouse, John Antognoli, Roger Beedon, Daniel Ritchie, Michael
Schyck, Dr. Mark Chrystal, Joel Davis, Michael Alf, Gary Till,
Chris Armstrong, Allan Novakowski, John Does 1-2, 4-6, 8, 10-15,
17, 19, 21-25, 27, 29-33, 35-46, 48, 50-51, 53, 56-59, 61-62, 64,
69, 75, 77, 85, 86, 88-97, 99, 101, individually and on behalf of
all others similarly situated v. The Ohio State University, Case
No. 1:23-cv-08415-JHR (S.D. Ohio, Sept. 22, 2023).
The nature of suit is stated as Other Civil Rights.
The Ohio State University -- https://www.osu.edu/ -- commonly
called Ohio State or OSU, is a public land-grant research
university in Columbus, Ohio.[BN]
The Plaintiff is represented by:
Daniel Richard Karon, Esq.
KARON LLC
700 W. St. Clair Avenue, Suite 200
Cleveland, OH 44113
Phone: (216) 622-1851
Fax: (216) 241-8175
Email: dkaron@karonllc.com
- and -
Joseph G. Sauder, Esq.
SAUDER SCHELKOPF
555 Lancaster Avenue
Berwyn, PA 19312
Phone: (610) 200-0580
Fax: (610) 727-4360
Email: jgs@sstriallawyers.com
- and -
Larkin E. Walsh, Esq.
Sarah T. Bradshaw, Esq.
SHARP LAW, LLP
4820 West 75th Street
Prairie Village, KS 66208
Phone: (913) 901-0505
Fax: (913) 901-0419
Email: lwalsh@midwest-law.com
sbradshaw@midwest-law.com
- and -
Rex A. Sharp, Esq.
5301 West 75th Street
Prairie Village, KS 66208
Phone: (913) 901-0505
Fax: (913) 901-0419
Email: rsharp@midwest-law.com
- and -
Stephen J. Estey, Esq.
ESTEY & BOMBERGER LLP
2869 India Street
San Diego, CA 92103
Phone: (619) 295-0035
Fax: (619) 295-0172
Email: steve@estey-bomberger.com
- and -
Simina Vourlis, Esq.
THE LAW OFFICE OF SIMINA VOURLIS
856 Pullman Way
Columbus, OH 43212
Phone: (614) 487-5900
Fax: (614) 487-5901
Email: svourlis@vourlislaw.com
The Defendant is represented by:
Michael Hiram Carpenter, Esq.
Timothy R Bricker, Esq.
David John Barthel, Esq.
CARPENTER LIPPS LLP
280 N. High Street, Suite 1300
Columbus, OH 43215
Phone: (614) 365-4100
Email: carpenter@carpenterlipps.com
bricker@carpenterlipps.com
barthel@carpenterlipps.com
OLAM AMERICAS: Herrera Suit Removed to E.D. California
------------------------------------------------------
The case captioned as Donna Herrera, an individual, on behalf of
herself and all others similarly situated v. OLAM AMERICAS, INC., a
Delaware corporation; and DOES 1 through 20, inclusive, Case No.
BCV-22-101987 was removed from the California State Court for Kern
County, to the United States District Court for the Eastern
District of California on Sept. 26, 2023, and assigned Case No.
1:23-cv-01402-CDB.
The Plaintiff's First Amended Complaint ("FAC") seeks damages and
civil penalties for alleged violations of the California Labor
Code, including the Private Attorneys' General Act ("PAGA"). The
FAC implicates federal law because the terms and conditions of
Plaintiff's employment, and the employment of members of the
putative class and the allegedly aggrieved employees she seeks to
represent in this action, are and were at all relevant times
subject to the terms of one or more collective bargaining
agreements between Defendant and the UFCW (the "CBAs").[BN]
The Defendants are represented by:
Douglas J Farmer, Esq.
Jade Butman, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Embarcadero Center, Suite 900
San Francisco, CA 94111
Phone: 415-442-4810
Facsimile: 415-442-4870
Email: douglas.farmer@ogletree.com
jade.butman@ogletree.com
OLD DOMINION: Liable to 401(k) Plan Losses, Sealy Suit Alleges
--------------------------------------------------------------
DAVID K. SEALY, KERRY CARTER, and HARVEY L. DAVIS, on behalf of the
Old Dominion 401(k) Retirement Plan and all others similarly
situated, Plaintiffs v. OLD DOMINION FREIGHT LINE, INC., Defendant,
Case No. 1:23-cv-00819 (M.D.N.C., September 27, 2023) is a class
action against the Defendant for breach of fiduciary duty of
prudence under the Employee Retirement Income Security Act of
1974.
The case arises from the Defendant's failure to perform its
fiduciary duty to ensure that the Old Dominion 401(k) Retirement
Plan does not charge excessive fees to Plan participants. Over the
past six years, Plan participants have paid more than $10 million
in excessive and unreasonable compensation to Empower Plan
Services, LLC, the Plan's recordkeeper. Instead of taking advantage
of favorable pricing, Old Dominion caused Plan participants to pay
more for investments than what they were eligible for and more than
what they should have paid. The Plan participants have paid an
estimated $22 million in unnecessary, unreasonable, and excessive
investment related fees over the past six years, says the suit.
Old Dominion Freight Line, Inc. is a transport company,
headquartered in Thomasville, North Carolina. [BN]
The Plaintiffs are represented by:
Matthew Norris J.
NORRIS LAW FIRM, PLLC
1776 Heritage Center Drive, Suite 204
Wake Forest, NC 27687
Telephone: (919) 981-4475
Facsimile: (919) 926-1676
E-mail: matt@lemonlawnc.com
- and -
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
Telephone: (813) 337-7992
Facsimile: (813) 229-8712
E-mail: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
- and -
Michael C. McKay, Esq.
MCKAY LAW, LLC
5635 N. Scottsdale Road, Suite 170
Scottsdale, AZ 85250
Telephone: (480) 681-7000
E-mail: mmckay@mckaylaw.us
OPENAI INC: U.S. Authors Guild Files Suit Over Copyright Violations
-------------------------------------------------------------------
coingeek.com reports that the Authors Guild in the United States
has filed a class action lawsuit against OpenAI for allegedly
infringing on the copyrights of fiction writers in the training of
its generative artificial intelligence (AI) model, ChatGPT.
In the September 19 court filing, the Authors Guild is seeking
damages for the "flagrant and harmful infringement" of copyrights
by the AI developers. Plaintiffs named in the suit include John
Grisham, George R.R. Martin, Jodi Picoult, and David Baldacci,
among other leading fiction writers.
According to the plaintiffs, OpenAI used existing books to train
its AI model without seeking the express consent or permission of
the copyright owners. The authors state that the lawsuit’s
purpose is not to impede the development of AI but to seek redress
for the "unpermitted use of the authors’ copyrighted works."
"These algorithms are at the heart of Defendants’ massive
commercial enterprise," read the filing. "And at the heart of these
algorithms is systematic theft on a mass scale."
In their filing, the Guild alleged that OpenAI may have downloaded
authors’ books from pirated ebook sites and used them to train
its ChatGPT models. The authors say that OpenAI should have paid a
reasonable licensing fee or opted to train their models using works
that are already in the public domain.
"Without Plaintiffs’ and the proposed class’ copyrighted works,
Defendants would have a vastly different commercial product," said
Rachel Geman, partner with Lieff Cabraser and legal co-counsel to
the Guild.
The authors argue that the indiscriminate use of copyrighted
material in the training of AI models puts the entire literary
sector at risk. Particularly, the Authors Guild noted that the rise
of generative AI could adversely affect the earnings of fiction
writers, with bad actors leveraging ChatGPT to generate works in
the mold of established authors.
ChatGPT has been shown to have the capabilities of emulating
sentence structure, voice, and storytelling ability of human
authors, given the copious amount of data used to train the model.
Although the class action focuses on fiction writers, the Guild
stated that a positive outcome in the cases will offer benefits to
authors in other genres.
For now, the Authors Guild urges writers to take preemptive steps
to protect their work from being used to train AI models by
including a notice on the copyright pages of their books.
Furthermore, writers are encouraged to use tools to prevent
unauthorized crawling and scraping of text by AI developers. [GN]
PHO TODAY: Fails to Pay Proper Wages, Garcia Suit Says
------------------------------------------------------
LUIS GARCIA, on behalf of himself and others similarly situated,
Plaintiff v. PHO TODAY CGH LLC, PHO TODAY EAST RUTHERFORD LLC, and
TU NGUYEN, Defendants, Case No. 2:23-cv-20629 (D.N.J., Sept. 25,
2023) alleges violations of the the Fair Labor Standards Act, the
New Jersey State Wage Payment Law, and the New Jersey Wage and Hour
Law and Regulations.
The Plaintiff worked for Defendants' Restaurants as a non-exempt
waiter and occasional bartender from on or about August 19, 2019
through in or about September 2020; and again from in or about
September 2021 through on or about August 25, 2023. Allegedly, the
Defendants allegedly failed to pay Plaintiff his lawfully earned
minimum wages in direct contravention of the NJSWPL and NJWHLR.
They also failed to pay Plaintiff his lawfully earned overtime
compensation in direct contravention of the Labor Laws, says the
suit.
Plaintiff Garcia alleges that, pursuant to the FLSA, he is entitled
to recover from
Defendants: (a) unpaid overtime compensation, (b) liquidated
damages, (c) prejudgment and post-judgment interest, and (d)
attorneys' fees and costs. The Plaintiff further alleges that,
pursuant to the NJSWPL and NJWHLR, he is entitled to recover from
Defendants: (a) unpaid minimum wages, (b) unpaid overtime
compensation, ( c) misappropriated tips, (d) liquidated damages,
(e) pre-judgment and postjudgment interest, and (f) attorneys' fees
and costs.
Pho Today CGH LLC, owns and operates a Vietnamese restaurant, doing
business as "Pho Today," located at 101 New World Way, South
Plainfield, NJ. [BN]
The Plaintiff is represented by:
Giustino (Justin) Cilenti, Esq.
CILENTI & COOPER, PLLC
60 East 42nd Street - 40th Floor
New York, NY 10165
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
E-mail: info@jcpclaw.com
PROGRESS SOFTWARE: Fails to Protect Personal Info, Kurtz Says
-------------------------------------------------------------
LISA BUNNER KURTZ, individually and on behalf of all others
similarly situated, Plaintiff v. PROGRESS SOFTWARE CORPORATION, and
TD AMERITRADE, INC., Defendants, Case No. 1:23-cv-12156 (D. Mass.,
Sept. 21, 2023) is a class action against Defendants for their
failure to properly secure and safeguard personally identifiable
information (PII) including, but not limited to, Plaintiff's and
Class Members' names, Social Security numbers, financial account
information, date of birth, government identification numbers, and
other personal identifiers.
According to the complaint, despite its duties to Plaintiff and
Class Members related to and arising from its cloud hosting and
secure file transfer services and applications involving MOVEit,
the Defendant stored, maintained, and/or hosted Plaintiff's and
Class Members' private information on its MOVEit transfer services
software that was negligently and/or recklessly configured and
maintained so as to contain security vulnerabilities that resulted
in multiple breaches of its network and systems or of its
customers' networks and systems, including TD Ameritrade. These
security vulnerabilities existed as far back as 2021. As a result
of the breach, unauthorized third-party cybercriminals gained
access to and obtained Plaintiff's and Class Members' PII, the suit
says.
Progress Software Corporation is a Massachusetts based software
company that offers a wide range of software products and
services.[BN]
The Plaintiff is represented by:
Kristen A. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO
1 Faneuil Hall Square, 5th Floor
Boston, MA 02109
Telephone: (617) 482-3700
Facsimile: (617) 482-3003
E-mail: kristenj@hbsslaw.com
- and -
Steve W. Berman, Esq.
Sean R. Matt, Esq.
HAGENS BERMAN SOBOL SHAPIRO
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
sean@hbsslaw.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
PURPOSE FINANCIAL: Chimaras Files Suit in M.D. Florida
------------------------------------------------------
A class action lawsuit has been filed against Purpose Financial,
Inc. The case is styled as Pedro Chimaras, individually and on
behalf of all others similarly situated v. Purpose Financial, Inc.
formerly known as: Advance America, Cash Advance Centers, Inc.,
Case No. 6:23-cv-01653-CEM-LHP (M.D. Fla., Aug. 29, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Purpose Financial -- https://www.havepurpose.com/ -- is a consumer
financial services company that offers a wide range of financial
solutions and credit products.[BN]
The Plaintiff is represented by:
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Blvd., Ste. 1400
Ft Lauderdale, FL 33301
Phone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Jennifer Gomes Simil, Esq.
Jibrael S. Hindi, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (954) 628-5793
Fax: (954) 507-9974
Email: jen@jibraellaw.com
jibrael@jibraellaw.com
The Defendant is represented by:
Brandon T. White
HOLLAND & KNIGHT LLP
701 Brickell Avenue, Suite 3300
Miami, FL 33131
Phone: (305) 374-8500
Fax: (305) 789-7799
Email: brandon.white@hklaw.com
QUALCOMM INC: Appeals 9th Cir. Denial of Class Status Bid
---------------------------------------------------------
Qualcomm Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that on April 3, 2023, the company
filed a petition with the United States Court of Appeals for the
Ninth Circuit seeking permission to appeal the district court's
class certification order, which the Ninth Circuit denied. No trial
date has been set.
On January 23, 2017 and January 26, 2017, securities class action
complaints were filed by purported stockholders in the United
States District Court for the Southern District of California
against the company and certain of its then current and former
officers and directors. The complaints alleged, among other things,
that we violated Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, as amended, and Rule 10b-5 thereunder, by
making false and misleading statements and omissions of material
fact in connection with certain allegations that we are or were
engaged in anticompetitive conduct. The complaints sought
unspecified damages, interest, fees and costs.
On May 4, 2017, the court consolidated the two actions, and on July
3, 2017, the plaintiffs filed a consolidated amended complaint
asserting the same basic theories of liability and requesting the
same basic relief. On May 23, 2022, the plaintiffs filed a motion
for class certification, and on March 20, 2023, the court issued an
order granting in part and denying in part the plaintiffs’ motion
for class certification. The order denied class certification on
the basis of alleged misrepresentations relating to our chip-level
licensing practices, but certified a class on the basis of alleged
misrepresentations relating to the separate operations of it
Qualcomm CDMA Technologies and Qualcomm Technology Licensing.
Qualcomm Incorporated is an American multinational corporation
headquartered in San Diego, California, and incorporated in
Delaware. It creates semiconductors, software, and services related
to wireless technology. It owns patents critical to the 5G, 4G,
CDMA2000, TD-SCDMA and WCDMA mobile communications standard.
QUALCOMM INC: Faces Consolidated Consumer Actions in California
----------------------------------------------------------------
Qualcomm Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that beginning in January 2017, a
number of consumer class action complaints were filed against us in
the United States District Courts for the Southern and Northern
Districts of California, each on behalf of a putative class of
purchasers of cellular phones and other cellular devices.
In April 2017, the Judicial Panel on Multidistrict Litigation
transferred the cases that had been filed in the Southern District
of California to the Northern District of California. On July 11,
2017, the plaintiffs filed a consolidated amended complaint
alleging violations of California and federal antitrust and unfair
competition laws by, among other things, refusing to license
standard-essential patents to competitors, conditioning the supply
of certain of baseband chipsets on the purchaser first agreeing to
license our entire patent portfolio, entering into exclusive deals
with companies, including Apple Inc., and charging unreasonably
high royalties that do not comply with our commitments to standard
setting organizations.
The complaint sought unspecified damages and disgorgement and/or
restitution, as well as an order that the company be enjoined from
further unlawful conduct. On July 5, 2018, the plaintiffs filed a
motion for class certification, and on September 27, 2018, the
court granted that motion. Qualcomm appealed the district court’s
class certification order to the Ninth Circuit. On September 29,
2021, the Ninth Circuit vacated the class certification order,
ruling that the district court had failed to correctly assess the
propriety of applying California law to a nationwide class, and
remanded the case to the district court.
On June 10, 2022, the plaintiffs filed an amended complaint,
limiting the proposed class to California residents rather than a
nationwide class. On August 1, 2022, the company filed a motion to
dismiss the amended complaint, and on January 6, 2023, the court
issued an order granting in part and denying in part our motion to
dismiss. The order preserved the plaintiffs’ claims related to
exclusive dealing under California antitrust and unfair competition
laws and dismissed the remainder of the plaintiffs’ claims, which
were related to its licensing practices.
On April 7, 2023, the filed a motion for summary judgment on the
plaintiffs’ remaining claims. A hearing on the motion was
scheduled last August 3, 2023.
Qualcomm Incorporated is an American multinational corporation
headquartered in San Diego, California, and incorporated in
Delaware. It creates semiconductors, software, and services related
to wireless technology. It owns patents critical to the 5G, 4G,
CDMA2000, TD-SCDMA and WCDMA mobile communications standard.
QUALCOMM INC: Faces Overseas Antitrust Suit Over Cellular Devices
-----------------------------------------------------------------
Qualcomm Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that since November 2017, several
other consumer class action complaints have been filed against the
company in Canada (in the Supreme Court of British Columbia and the
Quebec Superior Court), Israel (in the Haifa District Court) and
the United Kingdom (in the Competition Appeal Tribunal), each on
behalf of a putative class of purchasers of cellular phones and
other cellular devices, alleging violations of certain of those
countries' competition and consumer protection laws.
The claims in these complaints are similar to those in the U.S.
consumer class action complaints. The complaints seek damages.
Qualcomm Incorporated is an American multinational corporation
headquartered in San Diego, California, and incorporated in
Delaware. It creates semiconductors, software, and services related
to wireless technology. It owns patents critical to the 5G, 4G,
CDMA2000, TD-SCDMA and WCDMA mobile communications standard.
RAS LAVRAR: Rivero Sues Over Misleading Debt Collection Letter
--------------------------------------------------------------
NATALIE RIVERO, individually and on behalf of all others similarly
situated, Plaintiff v. RAS LAVRAR, LLC, Defendant, Case No.
CACE-23-018901 (Fla. Cir. Ct., 17th Jud. Cir., Broward Cty.,
September 27, 2023) is a class action against the Defendant for
violations of the Fair Debt Collection Practices Act.
According to the complaint, the Defendant violated Sec. 1692e of
the FDCPA by using the represented itemization date in its
collection letter because the represented itemization date is not
one of the five dates permitted in the law. Moreover, the Defendant
failed to obtain a consumer debt collection license as mandated by
Florida Statutes, says the suit.
Ras Lavrar, LLC is a consumer collection agency, with its principal
place of business located in Boca Raton, Florida. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
gerald@jibraellaw.com
RAYNE VENTURES: Radvansky Files TCPA Suit in N.D. Georgia
---------------------------------------------------------
A class action lawsuit has been filed against Rayne Ventures, LLC.
The case is styled as Ethan Radvansky, individually and on behalf
of all others similarly situated v. Rayne Ventures, LLC doing
business as: Veefresh, Case No. 3:23-cv-00186-TCB (N.D. Ga., Sept.
25, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act.
VeeFresh -- https://veefresh.com/ -- was founded by a woman who
battled vaginal issues for over a decade.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (615) 485-0018
Email: anthony@paronichlaw.com
- and -
Steven Howard Koval, Esq.
THE KOVAL FIRM, LLC
Building 15, Suite 120
3575 Piedmont Rd.
Atlanta, GA 30305
Phone: (404) 513-6651
Fax: (404) 549-4654
Email: shkoval@aol.com
RE/MAX HOLDINGS: Faces Moehrl Class Action
-------------------------------------------
RE/MAX Holdings, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that a putative class action
complaint against the National Association of Realtors (NAR),
Anywhere Real Estate, Inc. (formerly Realogy Holdings Corp.),
HomeServices of America, Inc., RE/MAX, LLC and Keller Williams
Realty, Inc. was filed on March 6, 2019, by plaintiff Christopher
Moehrl in the United States District Court for the Northern
District of Illinois.
The plaintiffs allege that a NAR rule that requires brokers to make
a blanket, non-negotiable offer of buyer broker compensation when
listing a property, results in increased costs to sellers and is in
violation of federal antitrust law. They further allege that
certain defendants use their agreements with franchisees to require
adherence to the NAR rule in violation of federal antitrust law.
Amended complaints added allegations regarding buyer steering and
non-disclosure of buyer-broker compensation to the buyer.
While similar to the Moehrl Action, the Moehrl-related antitrust
litigations also allege: state antitrust violations; unjust
enrichment; state consumer protection statute violations; harm to
home buyers rather than sellers; violations of the Missouri
Merchandising Practices Act; and claims against a multiple listing
service (MLS) defendant rather than NAR.
In one of the Moehrl-related antitrust litigations, filed by
plaintiffs Scott and Rhonda Burnett and others in the Western
District of Missouri, the court on April 22, 2022 granted
plaintiffs' motion for class certification and a trial date is
currently scheduled for October 2023. On June 15, 2023, the court
set February 26, 2024 as the backup trial date to be utilized if
necessary due to the then pending appeal by HomeServices of
America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC (HSA).
The court also ordered the parties to mediate.
On July 21, 2023, the parties attended mediation and the case did
not settle. On July 31, 2023, the court set a status conference for
August 4, 2023. On August 2, 2023, the Eight Circuit affirmed the
court's decision denying HSA's motion to compel unnamed class
members to arbitrate their claims. At the August 4, 2023
conference, the Company anticipates the court will revisit the two
options for Burnett trial dates of October 2023 or February 2024.
Among other relief, plaintiffs seek damages equal to all buyer
commissions paid by sellers in four MLSs primarily in Missouri
during the class period from April 29, 2015 to present.
In the Moehrl Action, plaintiffs sought certification of two
classes of home sellers: (1) a class seeking an award of alleged
damages incurred by home sellers who paid a commission between
March 6, 2015 and December 31, 2020, to a brokerage affiliated with
a corporate defendant in connection with the sale of residential
real estate listed on any of the 20 covered MLSs in various parts
of the country; and (2) a class of current or future owners of
residential real estate, who are presently listing or will in the
future list a home for sale on any of the 20 covered MLSs, seeking
to prohibit defendants from maintaining and enforcing the NAR rules
at issue in the complaint. On March 29, 2023, the court in the
Moehrl Action granted plaintiffs' motion for class certification as
to both classes. On April 12, 2023, RE/MAX, LLC petitioned the
United States Court of Appeals for the Seventh Circuit for
permission to appeal the Court's class certification decision. On
May 24, 2023, the Seventh Circuit denied the petition. On August 2,
2023 during a status conference, the Moehrl court indicated that
rulings on summary judgment motions, which have not been filed yet,
would likely not occur prior to May of 2024, and a trial date has
not been set.
RE/MAX Holdings, Inc. and its consolidated subsidiaries, including
RMCO, LLC, is one of the world's leading franchisors in the real
estate industry, franchising real estate brokerages globally under
the RE/MAX brand and mortgage brokerages within the United States
under the Motto Mortgage brand. The company also sells ancillary
products and services, including loan processing services, to its
Motto network through the "Wemlo" brand.
RE/MAX HOLDINGS: Faces Sunderland Antitrust Suit in Canada
----------------------------------------------------------
RE/MAX Holdings, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that on April 9, 2021, a putative
class action claim was filed in the Federal Court of Canada against
the Toronto Regional Real Estate Board, The Canadian Real Estate
Association (CREA), RE/MAX Ontario-Atlantic Canada Inc., which was
acquired by the company in July 2021, Century 21 Canada Limited
Partnership, Royal Lepage Real Estate Services Ltd., and many other
real estate companies by the putative representative plaintiff,
Mark Sunderland.
He alleges that the defendants conspired, agreed or arranged with
each other and acted in furtherance of their conspiracy to fix,
maintain, increase, control, raise, or stabilize the rate of real
estate buyers' brokerages' and salespersons' commissions in respect
of the purchase and sale of properties listed on multiple listing
service systems in violation of the Canadian Competition Act. On
February 24, 2022, Plaintiff filed an Amended Statement of Claim.
With respect to RE/MAX, the amended claim alleges franchisor
defendants aided and abetted their respective franchisee brokerages
and their salespeople in violation of the section 45(1) of the
Competition Act. Among other requested relief, the plaintiff seeks
damages against the defendants and injunctive relief.
RE/MAX Holdings, Inc. and its consolidated subsidiaries, including
RMCO, LLC, is one of the world's leading franchisors in the real
estate industry, franchising real estate brokerages globally under
the RE/MAX brand and mortgage brokerages within the United States
under the Motto Mortgage brand. The company also sells ancillary
products and services, including loan processing services, to its
Motto network through the "Wemlo" brand.
REAL TIME: Faces Taylor Class Suit in Calif. Over Unpaid Wages
--------------------------------------------------------------
JASON TAYLOR, individually and on behalf of all others similarly
situated, Plaintiff v. REAL TIME STAFFING SERVICES, LLC; JOHN PAUL
MITCHELL SYSTEMS; and DOES 1 to 100, inclusive, Defendants, Case
No. 23STCV23550 (Cal. Super., Los Angeles Cty., September 28, 2023)
is a class action against the Defendants for violations of the
California Labor Code and the California's Business and Professions
Code including failure to pay wages for all time worked at minimum
wage, failure to pay overtime wages for daily overtime worked,
failure to authorize or permit meal periods, failure to authorize
or permit rest periods, failure to pay all accrued and vested
vacation wages, failure to provide sick pay, failure to timely pay
earned wages during employment, failure to timely pay all earned
wages and final paychecks due at time of separation of employment,
failure to provide complete and accurate wage statements, and
unfair business practices.
The Plaintiff was employed by the Defendants as an hourly
non-exempt employee from in or around September 10, 2021 to on or
about June 7, 2023.
Real Time Staffing Services, LLC is a staffing services provider
based in California.
John Paul Mitchell Systems is an American manufacturer of hair care
products and styling tools based in California. [BN]
The Plaintiff is represented by:
David Lavi, Esq.
Arie Ebrahimian, Esq.
E&L, LLP
8889 W. Olympic Blvd., 2nd Floor
Beverly Hills, CA 90211
Telephone: (213) 213-0000
Facsimile: (213) 213-0025
Email: dlavi@ebralavi.com
arie@ebralavi.com
REVLON INC: Givens Sues Over False Marketing of Beauty Products
---------------------------------------------------------------
JAIME GIVENS, individually and on behalf of all others similarly
situated, Plaintiff v. REVLON, INC., a New York corporation; and
REVLON CONSUMER PRODUCTS, LLC., a New York corporation; and DOES 1
to 10, inclusive, Defendants, Case No. 4:23-cv-00857-ALM (E.D.
Tex., Sept. 25, 2023) alleges claims against the Defendants for
breach of warranty and fraud in connection with the unlawful and
unethical marketing scheme of their "Creme of Nature Moisture-Rich
Hair Color with Shea Butter Conditioner" beauty product.
The Defendants prominently market this product as being "Ammonia
Free." However, these representations are entirely false because
the product contains ammonia, which Plaintiff confirmed through
testing, says the suit.
Revlon Inc. and Revlon Consumer Products, LLC. are New York
corporations with their principal place of business in New York,
NY. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
TAULER SMITH LLP
100 Crescent Court., 7th Floor
Dallas, TX 75201
Telephone: (512) 456-8760
E-mail: rtauler@taulersmith.com
- and -
Camrie Ventry, Esq.
TAULER SMITH LLP
100 Crescent Court., 7th Floor
Dallas, TX 75201
Telephone: (512) 456-8760
E-mail: cventry@taulersmith.com
- and -
Kevin J. Cole, Esq.
KJC LAW GROUP, A.P.C.
9701 Wilshire Blvd., Suite 1000
Beverly Hills, CA 90212
Telephone: (310) 861-7797
E-mail: kevin@kjclawgroup.com
ROADSAFE TRAFFIC: Ramos Suit Removed to E.D. California
-------------------------------------------------------
The case captioned as Adriana Magdalena Ramos, individually and on
behalf of all others similarly situated v. ROADSAFE TRAFFIC
SYSTEMS, INC.; and DOES 1 through 20, inclusive, Case No.
34-2023-00334458 was removed from the Superior Court of the
Sacramento County Superior Court, State of California, to the
United States District Court for the Eastern District of California
on Sept. 22, 2023, and assigned Case No. 2:23-at-00970.
In the Complaint, Plaintiff alleges nine causes of action against
Defendant: Failure to Pay Minimum Wages; Failure to Pay Overtime
Wages; Failure to Provide Meal Periods; Failure to Permit Rest
Breaks; Failure to Reimburse Business Expenses; Failure to Provide
Accurate Itemized Wage Statements; Failure to Pay Wages Timely
During Employment; Failure to Pay All Wages Due Upon Separation of
Employment; and Violation of Business and Professions Code.[BN]
The Defendants are represented by:
Michael J. Nader, Esq.
Alexandra Asterlin, Esq.
Paul M. Smith, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
500 Capitol Mall, Suite 2500
Sacramento, CA 95814
Phone: 916-840-3150
Facsimile: 916-840-3159
Email: michael.nader@ogletree.com
alexandra.asterlin@ogletree.com
paul.smith@ogletree.com
ROOT INC: Court Dismisses w/ Prejudice Class Action
---------------------------------------------------
Root, Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that on July 20, 2023, the U.S.
District Court for the Middle District of Louisiana dismissed with
prejudice a purported class action complaint filed against the
company's subsidiary, Root Insurance Company.
The complaint alleged that Root Insurance Company breached its
insurance contract and violated specific provisions of Louisiana
law in settling her vehicle total loss claim. The complaint sought
damages to include payment of alleged benefits owed under the
policy, in addition to pre- and post-judgment interest, statutory
penalties, attorneys fees and costs, and injunctive relief on
behalf of the named plaintiff and the putative class members.
Root, Inc. is a holding company. Its subsidiaries are Root
Insurance Company, Root Property & Casualty Insurance Company and
Root Reinsurance Company, Ltd.
ROOT INC: Faces Securities Suit Over Breach of Insurance Contract
-----------------------------------------------------------------
Root, Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that it is facing a purported class
action complaint filed against the company's subsidiary, Root
Insurance Company, in the U.S. District Court for the Western
District of Texas (Case No. 1:22-cv-01328-LY) by an individual on
her behalf and further claiming to represent a putative class of
insureds on December 19, 2022.
The complaint alleges that Root Insurance Company breached its
insurance contract and violated specific provisions of the Texas
Prompt Payment of Claims Act for an alleged failure to include
sales tax in total loss vehicle settlements. The complaint seeks
damages to include payment of alleged benefits owed under the
policy, in addition to pre- and post-judgment interest and
attorneys' fees on behalf of the named plaintiff and the putative
class members. Root Insurance Company has moved to dismiss the
claims set forth in the complaint.
Root, Inc. is a holding company. Its subsidiaries are Root
Insurance Company, Root Property & Casualty Insurance Company and
Root Reinsurance Company, Ltd.
SHEIN DISTRIBUTION: Wallman Suit Removed to C.D. California
-----------------------------------------------------------
The case captioned as Devon Wallman, on behalf of herself and all
others similarly situated v. SHEIN DISTRIBUTION CORPORATION, Case
No. 23STCV20136 was removed from the Superior Court of California,
County of Los Angeles, to the United States District Court for the
Central District of California on Sept. 25, 2023, and assigned Case
No. 2:23-cv-08025.
The Complaint asserts claims for common law fraud and unjust
enrichment pursuant to the laws of the State of California; the
Complaint also asserts violations of the New Jersey Consumer Fraud
Act ("NJCFA") and the California Unfair Competition Law ("UCL").
The Complaint purports to bring claims on behalf of Plaintiff and a
putative class of "all persons in the United States whose login
credentials was sic maintained on Defendant's servers and were
compromised as a result of the data breach (the 'Class')."[BN]
The Defendants are represented by:
Rebekah S. Guyon, Esq.
GREENBERG TRAURIG, LLP
1840 Century Park East, Suite 1900
Los Angeles, CA 90067
Phone: (310) 586-7700
Facsimile: (310) 586-7800
Email: GuyonR@gtlaw.com
SHR GROUP: Nico Sues Over Constructions Workers' Unpaid Wages
-------------------------------------------------------------
NATALIO NICO, on behalf of himself and all others similarly
situated, Plaintiff v. SHR GROUP, INC., and ALICJA ADAMOWICZ,
individually, Defendants, Case No. 2:23-cv-20566 (D.N.J., Sept. 21,
2023) seeks to recover pursuant to the Fair Labor Standards Act,
the New Jersey State Wage and Hour Law, and the New Jersey Wage
Payment Law the minimum wage and overtime compensation that
Plaintiff and similarly situated employees were deprived of.
Plaintiff Nico was employed by Defendants beginning in
approximately 2019, and continuing through 2021 as a construction
worker performing duties in furtherance of Defendants' business.
SHR Group, Inc. is a New Jersey limited liability company engaged
in construction business.[BN]
The Plaintiff is represented by:
Andrew Glenn, Esq.
Jodi J. Jaffe, Esq.
JAFFE GLENN LAW GROUP
300 Carnegie Center, Suite 150
Princeton, NJ 08540
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: aglenn@jaffeglenn.com
jjaffe@jaffeglenn.com
SITEONE LANDSCAPE: Caballero Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Siteone Landscape
Supply LLC, et al. The case is styled as Gustavo Caballero, on
behalf of himself and all others similarly situated v. Siteone
Landscape Supply LLC, Case No. STK-CV-UOE-2023-0010110 (Cal. Super.
Ct., San Joaquin Cty., Sept. 25, 2023).
The case type is stated as "Unlimited Civil Other Employment."
SiteOne -- https://www.siteone.com/en/ -- is the green industry's
No. 1 destination for landscape supplies, irrigation tools and
agronomic maintenance.[BN]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
BRADLEY/GROMBACHER LLP
31365 Oak Crest Dr., Ste. 240
Westlake Village, CA 91361
Phone: 805-270-7100
Fax: 805-270-7589
Email: mbradley@bradleygrombacher.com
SKULL SHAVER: Luis Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Skull Shaver LLC. The
case is styled as Kevin Yan Luis, individually and on behalf of all
others similarly situated v. Skull Shaver LLC, Case No.
1:23-cv-08484 (S.D.N.Y., Sept. 26, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Skull Shaver -- https://skullshaver.com/ -- is an electronic
company that manufactures and sells electric head shavers for men.
Moorestown, New Jersey.[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
SLH AGOURA: Miranda Sues Over Medical Technicians' Unpaid Wages
---------------------------------------------------------------
Jacqueline Miranda, individually and on behalf of other aggrieved
employees, Plaintiff v. SLH Agoura Hills Manager, LLC d.b.a
Meadowbrook of Agoura Hills, an Illinois limited liability company;
Meadowbrook Senior Living at Agoura Hills, an unknown business
entity; and DOES 1 through 100, inclusive, Defendants, Case No.
23VECV04199 (Cal. Super., Los Angeles Cty., Sept. 21, 2023) is a
class action brought pursuant to the California Private Attorneys
General Act, California Labor Code, arising from the Defendants'
alleged unlawful labor policies and practices.
The Plaintiff alleges the Defendants' failure to pay overtime
wages, failure to timely pay wages during employment, failure to
timely pay wages upon termination, failure to provide meal periods,
failure to provide rest periods, failure to provide accurate wage
statements, and engagement in unfair competition.
The Plaintiff worked for the Defendants as a non-exempt medical
technician in the memory care department since March 2020.
The Defendants own and operate one or more senior living
facilities.[BN]
The Plaintiff is represented by:
Aidin D. Ghavimi, Esq.
Ilana N. Fine, Esq.
STARPOINT, LC
15233 Ventura Boulevard, Suite PH16
Sherman Oaks, CA 91403
Telephone: (310) 424-9971
Facsimile: (424) 255-4035
SOUTHEASTERN GROCERS: Ulch Sues Over Plan's Excessive Admin Fees
----------------------------------------------------------------
JOYCE ULCH, on behalf of the SOUTHEASTERN GROCERS 401(k) SAVINGS
PLAN and all others similarly situated, Plaintiff v. SOUTHEASTERN
GROCERS LLC, as Plan Sponsor for SOUTHEASTERN GROCERS 401(K)
SAVINGS PLAN, Defendant, Case No. 3:23-cv-01135 (M.D. Fla.,
September 27, 2023) is a class action against the Defendant for
breach of fiduciary duty of prudence under the Employee Retirement
Income Security Act of 1974.
The case arises from the Defendant's failure to perform its
fiduciary duty to ensure that the Southeastern Grocers 401(k)
Savings Plan does not charge excessive fees to Plan participants.
Over the past six years, Plan participants have paid more than
$5,000,000 in administrative fees. The Defendant breached its
fiduciary duty of prudence by allowing the Plan's recordkeeper,
Fidelity Investments Institutional, to receive compensation from
Plan participants without even knowing the amount of compensation
Fidelity collects from interest/earnings on participant money as to
the float. As a result of the Defendant's fiduciary breaches, the
Plan suffered millions of dollars in losses, says the suit.
Southeastern Grocers LLC is a supermarket company based in
Jacksonville, Florida. [BN]
The Plaintiff is represented by:
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
201 N. Franklin Street, Suite 700
Tampa, FL 33602
Telephone: (813) 577-4722
Facsimile: (813) 257-0572
E-mail: MEdelman@forthepeople.com
- and -
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
Telephone: (813) 337-7992
Facsimile: (813) 229-8712
E-mail: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
- and -
Michael C. McKay, Esq.
MCKAY LAW, LLC
5635 N. Scottsdale Road, Suite 170
Scottsdale, AZ 85250
Telephone: (480) 681-7000
E-mail: mmckay@mckaylaw.us
SOUTHERN FINANCIAL: Court Junks Mullins Securities Suit
-------------------------------------------------------
Tiptree Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission in August 2, 2023, that in December 2022, the Pike
County Circuit Court in the Commonwealth of Kentucky dismissed a
consumer protection claims of those complainants who suffered a
disability during the coverage period but allegedly received less
than full disability benefits in the case captioned "Mullins v.
Southern Financial Life Insurance Co."
However, the court did not dismiss the plaintiffs' breach of
covenant of good faith and fair dealing claims. A trial has been
scheduled for December 2023.
Tiptree Inc., together with its consolidated subsidiaries, is a
holding company that allocates capital across a broad spectrum of
businesses, assets and other investments namely insurance and
mortgage. It owns majority interest in Southern Financial Life
Insurance Company.
SOVOS COMPLIANCE: Yenca Sues Over Failure to Safeguard PII
----------------------------------------------------------
Julianne Yenca, individually and on behalf of all others similarly
situated v. SOVOS COMPLIANCE, LLC, Case No. 1:23-cv-12174 (D.
Mass., Sept. 22, 2023), is brought against Defendant for its
failure to properly secure and safeguard Plaintiff's and other
similarly situated person's sensitive information, including full
names, addresses, dates of birth, Social Security numbers, driver's
license numbers, and account numbers ("personally identifiable
information" or "PII").
In order to obtain financial services and/or other services at
Defendant, Defendant required Plaintiff and Class members to
entrust Defendant with sensitive, non-public PII, without which
Defendant could not perform its regular business activities.
Defendant retains this information for at least many years and even
after the consumer relationship has ended. By obtaining,
collecting, using, and deriving a benefit from the PII of Plaintiff
and Class members, Defendant assumed legal and equitable duties to
those individuals to protect and safeguard that information from
unauthorized access and intrusion.
Based on the Notice, Defendant detected unusual activity on some of
its computer systems on May 31, 2023. In response, Defendant "took
the affected application offline," launched an investigation, and
notified law enforcment. Defendant's investigation revealed that
from May 27, 2023, through May 30, 2023, unauthorized third parties
had accessed certain files that contained sensitive clients'
customer's information, including names and Social Security numbers
("the Data Breach").
The Defendant failed to adequately protect Plaintiff's and Class
members PII––and failed to even encrypt or redact this highly
sensitive information. This unencrypted, unredacted PII was
compromised due to Defendant's negligent and/or careless acts and
omissions and its utter failure to protect customers' sensitive
data. Hackers targeted and obtained Plaintiff's and Class members'
PII because of its value in exploiting and stealing the identities
of Plaintiff and Class members. The present and continuing risk to
victims of the Data Breach will remain for their respective
lifetimes, says the complaint.
The Plaintiff is an individual citizen and resident of Tucson,
Arizona.
The Defendant is a "global company" that provides regulatory
compliance services to its clients.[BN]
The Plaintiff is represented by:
Randi Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (212) 594-5300
Email: rkassan@milberg.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Facsimile: (954) 525-4300
Email: ostrow@kolawyers.com
- and -
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Suite 705
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: 866.252.0878
Email: gklinger@milberg.com
SPEARHEAD MOBILITY: Hernandez Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Spearhead Mobility,
Inc., et al. The case is styled as Rosa De Jesus Hernandez, as an
individual, on behalf of all others similarly situated v. Spearhead
Mobility, Inc., Case No. 23STCV23275 (Cal. Super. Ct., Los Angeles
Cty., Sept. 25, 2023).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Spearhead Mobility -- https://spearheadmobility.com/ -- offers an
unrestricted, uncapped commission program.[BN]
The Plaintiff is represented by:
Scott M. Lidman, Esq.
LIDMAN LAW, A PROFESSIONAL CORPORATION
2155 Campus Drive, Ste. 150
El Segundo, CA 90245
Phone: 424-322-4772
Fax: 424-322-4775
Email: slidman@lidmanlaw.com
SPORTS BASEMENT: Kimber Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against The Sports Basement,
Inc., et al. The case is styled as Colden Kimber, an individual, on
behalf of herself and on behalf of all persons similarly situated
v. The Sports Basement, Inc., Does 1 through 50, Inclusive, Case
No. CGC23609276 (Cal. Super. Ct., San Francisco Cty., Sept. 25,
2023).
The case type is stated as "Other Non-Exempt Complaints."
Sports Basement -- https://shop.sportsbasement.com/ -- is a
sporting goods company that offers outdoor gear and sports
apparel.[BN]
The Plaintiff is represented by:
Nicholas James Blouw, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW
2255 Calle Clara
La Jolla, CA 92037-3107
Phone: 858-952-0354
Fax: 858-551-1232
Email: DeBlouw@bamlawca.com
STAKE CENTER: Loonsfoot Sues to Recover Unpaid Wages
----------------------------------------------------
Michael Loonsfoot, individually and for others similarly situated
v. STAKE CENTER LOCATING, LLC, Case No. 3:23-cv-03171 (S.D. Ill.,
Sept. 21, 2023), is brought to recover unpaid wages and other
damages from Stake Center Locating, LLC ("SCL") in violation of the
Illinois Wage Payment and Collection Act ("IWPCA").
the Plaintiff regularly worked more than 40 hours in a workweek.
But SCL did not pay the Plaintiff and the Putative Class Members
for all the hours they worked. Instead, SCL requires its employees,
including the Plaintiff and the Putative Class Members, to work
significant time "off the clock." SCL uniformly requires its
employees, including the Plaintiff and the Putative Class Members,
to underreport their work time by 30 minutes per 5 hours of work
for so-called "meal breaks." the Plaintiff and the Putative Class
Members are thus not paid for that time. But due to SCL's strict
operational and productivity requirements, the Plaintiff and the
Putative Class Members regularly worked during their unpaid "meal
breaks" for SCL's predominant benefit, says the complaint.
The Plaintiff worked for SCL as a Gas Tech, Area Manager, Trainer,
and Lead Gas Tech in Illinois and Texas.
SCL bills itself as a utility "locating powerhouse that provides
"utility locating services across the country," including in
Illinois.[BN]
The Plaintiff is represented by:
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
WERMAN SALAS P.C.
77 West Washington, Suite 1402
Chicago, IL 60602
Phone: (312) 419-1008
Facsimile: 312-419-1025
Email: dwerman@flsalaw.com
msalas@flsalaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
STIHL INCORPORATED: Espinal Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Stihl Incorporated.
The case is styled as Frangie Espinal, on behalf of herself and all
other persons similarly situated v. Stihl Incorporated, Case No.
1:23-cv-08386-SHS (S.D.N.Y., Sept. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
STIHL -- https://www.stihlusa.com/ -- produces the number one
selling brand of chainsaws and a full line of outdoor power tools
from blowers, trimmers, brushcutters, to construction tools.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
danalgottlieb@aol.com
SUGAR FOODS: Augustine Suit Removed to C.D. California
------------------------------------------------------
The case captioned as Devin Augustine, an individual, and on behalf
of all persons similarly situated v. SUGAR FOODS CORPORATION, a New
York Corporation; and DOES 1-50, inclusive, Case No. 23STCV17483
was removed from the Superior Court of the State of California for
the County of Los Angeles, to the United States District Court for
the Central District of California on Sept. 22, 2023, and assigned
Case No. 2:23-cv-07950.
The Complaint includes purported causes of action for: unfair
competition under California Business and Professions Code; failure
to pay minimum wages; failure to pay overtime wages; failure to
provide meal periods; failure to provide rest periods; failure to
reimburse employees for required expenses; failure to provide
compliant wage statements; and failure to timely pay all wages due
upon separation.[BN]
The Defendants are represented by:
Michael S. Kun, Esq.
Andrew Lichtenstein, Esq.
EPSTEIN BECKER & GREEN, P.C.
1925 Century Park East, Suite 500
Los Angeles, CA 90067
Phone: 310.556.8861
Facsimile: 310.553.2165
Email: mkun@ebglaw.com
alichtenstein@ebglaw.com
SWIFT TRANSPORTATION: Settles Burnell Labor Suit in California
---------------------------------------------------------------
Knight-Swift Transportation Holdings Inc. disclosed in its Form
10-Q for the quarterly period ended June 30, 2023, filed with the
Securities and Exchange Commission on August 2, 2023, that the
company settled a labor suit filed by John Burnell in March 22,
2010 in the United States District Court for the Central District
of California against its subsidiary Swift Transportation Co.,
Inc.
The plaintiffs generally allege one or more of the following that
the company failed to pay the California minimum wage, failed to
provide proper meal and rest periods, failed to timely pay wages
upon separation from employment, failed to pay for all hours
worked, failed to pay overtime, failed to properly reimburse
work-related expenses and failed to provide accurate wage
statements.
In April 2019, the parties reached settlement of this matter. In
January 2020, the court granted final approval of the settlement.
Two objectors appealed the court's decision granting final approval
of the settlement. The company paid this settlement on July 10,
2023.
Knight-Swift is a transportation solutions provider, headquartered
in Phoenix, Arizona. During the year-to-date period ended June 30,
2023, the company operated an average of 18,002 tractors (comprised
of 16,128 company tractors and 1,874 independent contractor
tractors) and 79,700 trailers within the truckload.
SWIFT TRANSPORTATION: Settles Rudsell Labor Suit in California
---------------------------------------------------------------
Knight-Swift Transportation Holdings Inc. disclosed in its Form
10-Q for the quarterly period ended June 30, 2023, filed with the
Securities and Exchange Commission on August 2, 2023, that the
company settled a labor suit filed by James R. Rudsell in April 12,
2012 in the United States District Court for the Central District
of California against its subsidiaries Swift Transportation Co. of
Arizona, LLC and Swift Transportation Company.
The plaintiffs generally allege one or more of the following that
the company failed to pay the California minimum wage, failed to
provide proper meal and rest periods, failed to timely pay wages
upon separation from employment, failed to pay for all hours
worked, failed to pay overtime, failed to properly reimburse
work-related expenses and failed to provide accurate wage
statements.
In April 2019, the parties reached settlement of this matter. In
January 2020, the court granted final approval of the settlement.
Two objectors appealed the court's decision granting final approval
of the settlement. The company paid this settlement on July 10,
2023.
Knight-Swift is a transportation solutions provider, headquartered
in Phoenix, Arizona. During the year-to-date period ended June 30,
2023, the company operated an average of 18,002 tractors (comprised
of 16,128 company tractors and 1,874 independent contractor
tractors) and 79,700 trailers within the truckload.
TAHAZ MOTOR GROUP: Williams Files Suit in C.D. California
---------------------------------------------------------
A class action lawsuit has been filed against Tahaz Motor Group
Inc. The case is styled as B. Williams, individually on behalf of
the general public and on behalf of all other persons and class
similarly situated, that is, a class of claimants whose rights were
violated as were Williams v. Tahaz Motor Group Inc. doing business
as: TMG Auto Sales also known as: TMG Auto Group; Wissam Naji Taha
also known as: TMG Auto Group also known as: Sam Taha also known
as: Tahaz Motors Group Inc., individually and in his official
capacity as Director of TMG Auto Sales; Sam Taha also known as:
Wissam Naji Taha doing business as: TMG Auto Sales also known as:
TMG Auto Group and in his official capacity as
PRESIDENT/CEO/CFO/SECRETARY and as various other names being used
as the owner of Tahaz Motor Group Inc a California Corporation,
individually,; Fabio Lozano also known as: John Doe Salesman
individually; Does 1 through 200, inclusive, Case No.
8:23-cv-01678-AB-SP (N.D. Ill., Aug. 29, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Tahaz Motor Group Inc. doing business as TMG Auto Sales --
https://www.tmgautogroup.com/ -- offers quality used cars and
pickup trucks for sale in Santa Ana, California.[BN]
The Plaintiff appears pro se.
TALKSPACE INC: Settles Valdez Shareholder Suit Over Merger
----------------------------------------------------------
Talkspace, Inc. disclosed in its Form 10-Q for the quarterly period
ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that in February 2023, the Company
resolved a securities class action complaint filed in the United
States District Court for the Southern District of New York under
the case heading "Valdez v. Talkspace et al.," No. 22-cv-00840
(S.D.N.Y.), asserting violations of sections 10(b), 14(a) and 20(a)
of the Securities Exchange Act of 1934 and SEC Rules 10b-5 and
14a-9, through mediation.
In January 2022, the company and certain of its current and former
officers and directors were named as defendants in said action.
These actions generally relate to public disclosures and statements
by the Company in connection with its merger with Hudson Executive
Investment Corp. (HEIC). This was subsequently consolidated under
the caption "In re Talkspace, Inc. Securities Litigation," No.
22-cv-00163 (S.D.N.Y).
The settlement resolves these litigations with respect to all named
defendants. The settlement will have to be approved by the court,
which the Company expects will occur in the third quarter of 2023.
Talkspace, Inc. is a behavioral healthcare company that provides
individuals and licensed therapists, psychologists and
psychiatrists with an online platform for one-on-one therapy
delivered via messaging, audio and video. Its principal executive
office is located in New York, NY and has three wholly owned
subsidiaries, Talkspace LLC, Talkspace Network LLC and Groop
Internet Platform LTD.
TEACHERS HEALTH: Goodsell Fraud Suit Removed to D. Nev.
-------------------------------------------------------
The case styled DIANA GOODSELL, individually and on behalf of all
those similarly situated; SHERI DeBARTOLO, individually and on
behalf of all those similarly situated; MICHELLE REILLY,
individually and on behalf of all those similarly situated; ANNETTE
ANAS, individually and on behalf of all those similarly situated;
PAULA KEVISH, individually and on behalf of all those similarly
situated; and DOE PLAINTIFFS 1-1000; Plaintiffs v. TEACHERS HEALTH
TRUST, a Nevada Trust; CLARK COUNTY SCHOOL DISTRICT, a Nevada
Public Entity; MEDSOURCE MANAGEMENT GROUP, LLC, a Nevada limited
liability company d/b/a WELLHEALTH QUALITY CARE, a Nevada limited
liability company; WELLHEALTH MEDICAL ASSOCIATES (VOLKER), PLLC, a
Nevada professional limited liability company; WELLHEALTH MEDICAL
GROUP (VOLKER), PC, a Nevada professional corporation; HEALTHCARE
PARTNERS NEVADA, LLC, a Nevada limited liability company; DAVITA
MEDICAL MANAGEMENT SERVICE OF NEVADA, LLC, a Nevada limited
liability company; DAVITA MEDICAL GROUP NEVADA (COATS), Ltd., a
Nevada professional corporation; DAVITA MEDICAL IPA LV, LLC, a
Nevada limited liability company; IHC HEALTH SERVICES, INC. d/b/a
INTERMOUNTAIN HEALTHCARE, a Utah corporation; VALUE BASED
HEALTHCARE INSTITUTE, LLC, a Tennessee limited liability company
f/k/a VBH PARTNERS, VALUE BASED HEALTHCARE PARTNERS, AND VBH, INC.;
MICHAEL SKOLNIK, an individual; GARY EARL, an individual; MICHAEL
STEINBRINK, an individual; and DOES I through X, inclusive; ROE
CORPORATIONS I through X, inclusive; Defendants, Case No.
A-18-774418-B, was removed from the Eighth Judicial District Court,
Clark County, Nevada to the United States District Court for the
District of Nevada on September 25, 2023.
The Clerk of Court for the District of Nevada assigned Case No.
2:23-cv-01510 to the proceeding.
The case arises from the Defendants' alleged breach of contract,
negligence, unjust enrichment, breach of fiduciary duty, negligent
misrepresentation, violations of NRS 287.010, negligence per se,
consumer fraud, and fraudulent misrepresentation.
Teachers Health Trust is the modern health plan for the teachers
and licensed professionals of Clark County, Nevada. [BN]
The Defendants are represented by:
Joshua M. Dickey. Esq.
Paul C. Williams, Esq.
Tayler D. Bingham, Esq.
BAILEY KENNEDY
8984 Spanish Ridge Avenue
Las Vegas, NV 89148-1302
Telephone: (702) 562-8820
Facsimile: (702) 562-8821
E-mail: JDickey@BaileyKennedy.com
PWilliams@BaileyKennedy.com
TBingham@BaileyKennedy.com
- and -
Jack C. Juan
HAYES WAKAYAMA JUAN
5798 South Durango Drive, Suite 105
Las Vegas, NV 89113
In Association With:
Gene J. Stonebarger, Esq.
STONEBARGER LAW, APC
101 Parkshore Drive, Suite 100
Folsom, CA 95630
E-mail: jjuan@hwlawnv.com
- and -
Doreen SpearS Hartwell, Esq.
Laura J. Thalacker, Esq.
HARTWELL THALACKER, LTD.
11920 Southern Highlands Parkway, Suite 201
Las Vegas, NV 89141
- and -
Charles Edward Weir, Esq.
MANATT, PHELPH & PHILLIPS, LLC
2049 Century Park East, Suite 1700
Los Angeles, CA 90210
E-mail: doreen@hartwellthalacker.com
laura@hartwellthalacker.com
cweir@manatt.com
- and -
Mark J. Ricciardi, Esq.
John M. Orr, Esq.
FISHER & PHILLIPS LLP
300 S. Fourth Street, Suite 1500
Las Vegas, NV 89101
E-mail: mricciardi@fisherphillips.com
jorr@fisherphillips.com
- and -
David J. Merrill, Esq.
DAVID J. MERRILL, P.C.
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
E-mail: david@djmerrillpc.com
TENET HEALTHCARE: Suit Filed in S.D. New York
---------------------------------------------
A class action lawsuit has been filed against Tenet Healthcare
Corporation. The case is styled as Jane Doe, and others similarly
situated v. Tenet Healthcare Corporation also d/b/a Metrowest
Medical Center, Case No. 2381CV02693 (Mass. Super. Ct., Middlesex
Cty., Sept. 22, 2023).
The case type is stated as "Torts."
Tenet Healthcare Corporation -- https://www.tenethealth.com/ -- is
a for-profit multinational healthcare services company based in
Dallas, Texas.[BN]
The Plaintiff is represented by:
Michael S. Appel, Esq.
KETTERER BROWNE AND ASSOCIATES LLC
336 South Main St.
Bel Air, MD 21014
TEX-DOG HOSPITALITY: Sproles Suit Seeks Unpaid Tips for Bartenders
------------------------------------------------------------------
STEPHEN SPROLES, individually and on behalf of all others similarly
situated, Plaintiff v. JASON RAPPAPORT, individually, TEX-DOG
HOSPITALITY LLC, TEX-DOG STONE OAK LLC, TEX-DOG SPRING LLC, TEX-DOG
COPPERFIELD LLC, TEX-DOG POTRANCO LLC, TEX-DOG BANDERA LLC, TEX-DOG
RIVERSTONE LLC, TEX-DOG HEIGHTS LLC, and TEX-DOG ENERGY CORRIDOR
LLC, Defendants, Case No. 4:23-cv-03631 (S.D. Tex., September 27,
2023) is a class action against the Defendants for failure to pay
all tips to tipped workers in violation of the Fair Labor Standards
Act.
The Plaintiff worked for the Defendants as a bartender at the Dog
Haus located at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Hospitality LLC is a franchise restaurant/pub operator
located at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Stone Oak LLC is a franchise restaurant/pub operator
located at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Spring LLC is a franchise restaurant/pub operator located
at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Copperfield LLC is a franchise restaurant/pub operator
located at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Potranco LLC is a franchise restaurant/pub operator located
at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Bandera LLC is a franchise restaurant/pub operator located
at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Riverstone LLC is a franchise restaurant/pub operator
located at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Heights LLC is a franchise restaurant/pub operator located
at 29106 Hauter Way, Fulshear, Texas.
Tex-Dog Energy Corridor LLC is a franchise restaurant/pub operator
located at 29106 Hauter Way, Fulshear, Texas. [BN]
The Plaintiff is represented by:
Josef F. Buenker, Esq.
THE BUENKER LAW FIRM
P.O. Box 10099
Houston, TX 77206
Telephone: (713) 868-3388
Facsimile: (713) 683-9940
E-mail: jbuenker@buenkerlaw.com
- and -
Douglas B. Welmaker, Esq.
WELMAKER LAW, PLLC
409 N. Fredonia, Suite 118
Longview, TX 75601
Telephone: (512) 799-2048
E-mail: doug@welmakerlaw.com
TMG FIGUEROA: Serrano Sues Over Failure to Provide Meal Breaks
--------------------------------------------------------------
Irvin Serrano and Jonathan Weatherford on behalf of themselves and
all other similarly situated, and the general public v. TMG
FIGUEROA, LLC d/b/a SPARROW ITALIA LOS ANGELES, a corporation; and
DOES 1-100, inclusive, Case No. 23STCV22881 (Cal. Super. Ct., Los
Angeles Cty., Sept. 21, 2023), is brought violation of
CFRA-Retaliation and Discrimination, Failure to Provide Meal
Breaks, Failure to Provide Rest Breaks, Failure to Provide Accurate
Wage Statements, Failure to Pay All Wages Owed Upon Separation,
Violation of the Private Attorneys General Act of 2004.
The Plaintiff would be required routinely to work shifts in excess
of six-hours without taking a meal or rest break. Oftentimes, TMG
agents would manually change the Plaintiff time records to input a
break period, when in fact the Plaintiff never received said break.
the Plaintiff were strictly prohibited from taking either rest
breaks or a meal break during their shifts. In fact, the Plaintiff
were explicitly prohibited from leaving their work assignment at
any point during their shift and purposefully denied the
opportunity to take any break for rest or meals. Despite not
receiving legally mandated rest and meal breaks, the Plaintiff
never received any premium pay. Throughout their employment the
Plaintiff requested their legally entitled rest and meal breaks
from Sparrow management, says the complaint.
The Plaintiffs were hired and worked as waiters/servers/bartenders
at Sparrow Italia Los Angeles.
The Defendant own and operate Sparrow Italia Los Angeles, a
high-end Italian Restaurant located in Downtown Los Angeles.[BN]
The Plaintiff is represented by:
Antoine D. Williams (SBN: 255716)
Bart A. Seemen (SBN: 261895)
16255 Ventura Blvd., Suite #1106
Encino, California 91436
Phone: (818) 898-3300
Fax: (818)574-3006
Email: admin@latrialteam.com
TRADERS GLOBAL: Commodity Futures Files Suit in D. New Jersey
-------------------------------------------------------------
A class action lawsuit has been filed against Traders Global Group
Inc., et al. The case is styled as Commodity Futures Trading
Commision, v. Traders Global Group Inc. doing business as: MY FOREX
FUNDS, Case No. 3:23-cv-11808-ZNQ-TJB (D.N.J., Aug. 28, 2023).
The nature of suit is stated as Securities/Commodities.
Traders Global Group Inc. -- https://tradersglobalgroup.com/ -- has
over 20 years of experience in providing services and solutions to
some of the world’s most renowned Forex brokers and proprietary
trading firms.[BN]
The Plaintiff is represented by:
Ashley John Burden, Esq.
Elizabeth M. Streit, Esq.
Katherine Paulson, Esq.
U.S. COMMODITY FUTURES TRADING COMMISSION
77 W. Jackson Blvd., Ste. 800
Chicago, IL 60604
Phone: (312) 596-0693
Email: aburden@cftc.gov
estreit@cftc.gov
kpaulson@cftc.gov
The Defendants are represented by:
Anthony J. Staltari
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Ave., 22nd Floor
New York, NY 10010
Phone: (212) 849-7000
Email: anthonystaltari@quinnemanuel.com
TRIPLEPOINT VENTURE: Shareholder Suit Ongoing in California
-----------------------------------------------------------
TriplePoint Venture Growth BDC Corp. disclosed in its Form 10-Q for
the quarterly period ended June 30, 2023, filed with the Securities
and Exchange Commission on August 3, 2023, that in June 2023, a
shareholder filed a putative securities class action complaint
against the company and certain of its directors and officers. Case
No. 3:23-cv-02980-TLT (N.D. Cal.).
The complaint alleges violations of federal securities laws during
a class period between March 4, 2020 and May 1, 2023. As relief,
the plaintiff seeks, among other things, unspecified damages and
fees and costs. The case is at a preliminary stage and no lead
plaintiff has been appointed yet.
TriplePoint Venture Growth BDC Corp. is structured as an
externally-managed, closed-end investment company that has elected
to be treated as a business development company under the
Investment Company Act of 1940.
UBER TECHNOLOGIES: Sued in Australia Over Breach in Transport Laws
------------------------------------------------------------------
Uber Technologies, Inc. disclosed in its Form 10-Q for the
quarterly period ended June 30, 2023, filed with the Securities and
Exchange Commission on August 3, 2023, that in May 2019, an
Australian law firm filed a class action in the Supreme Court of
Victoria, Australia, against Uber and certain of its subsidiaries,
on behalf of certain participants in the taxi, hire-car, and
limousine industries.
The plaintiff alleges that the Uber entities conspired to injure
the group members during the period 2014 to 2017 by either directly
breaching transport legislation or commissioning offenses against
transport legislation by UberX Drivers in Australia. The claim
alleges, in effect, that these operations caused loss and damage to
the class representative and class members, including lost income
and decreased value of certain taxi licenses. In March, April and
October 2020, the same Australian law firm filed four additional
class action lawsuits alleging the same claim.
Uber Technologies, Inc. is a technology platform that develops and
operates proprietary technology applications supporting independent
providers of ride services for ridesharing services, and connects
riders and other consumers with restaurants, grocers and other
stores with delivery service providers for meal preparation,
grocery and other delivery services. It operates principally in the
United States and Canada, Latin America, Europe, the Middle East,
Africa, and Asia (excluding China and Southeast Asia).
UNDERSPORTS INC: Hernandez Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against UnderSports, Inc. The
case is styled as Marlelis Hernandez, individually, and on behalf
of all others similarly situated v. UnderSports, Inc., Case No.
1:23-cv-08365 (S.D.N.Y., Sept. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Undersports Inc. -- http://undersports.com/-- is an online
e-commerce retailer specializing in underwear, swimwear,
activewear, and apparel for men (International Jock) and women
(Largo Drive).[BN]
The Plaintiff is represented by:
Patrick William Gallagher, Esq.
MIZRAHI KROUB LLP
225 Broadway, Ste. 39th Floor
New York, NY 10007
Phone: (212) 595-6200
Email: pgallagher@mizrahikroub.com
UNISYS CORPORATION: Securities Suit Ongoing in Pennsylvania Court
------------------------------------------------------------------
Unisys Corporation disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that on November 11, 2022, a
purported stockholder of the company filed a putative securities
class action complaint in the United States District Court for the
Eastern District of Pennsylvania against the company and certain of
its current officers, alleging violations of the Securities
Exchange Act of 1934, as amended, based on allegedly false or
misleading statements related to projections and certain other
statements positively characterizing the company's momentum,
business, prospects and operations, and the effectiveness of the
company's internal control over financial reporting and the
company's disclosure controls and procedures.
The plaintiff seeks an award of compensatory damages, among other
relief, and costs and attorneys' and experts' fees.
Unisys Corporation is a multinational information technology
services and consulting company founded in 1986 and headquartered
in Blue Bell, Pennsylvania. The company provides digital workplace,
cloud applications and infrastructure, enterprise computing and
business process services.
UNITED AIRLINES: Class-Action Aims to Force Fees Reimbursement
--------------------------------------------------------------
Katie Balevic at businessinsider.in reports that a traveler says
United Airlines lost his luggage, and he's taking them to court
over it.
According to his attorneys, Jack Lipeles flew from Las Vegas,
Nevada, to Los Angeles, California, in November 2022 on a United
flight, and he paid the $35 fee to have one bag checked.
When Lipeles arrived in Los Angeles, "he went to pick up his
luggage, but was unable to find his bag. United informed Plaintiff
that his luggage was stolen and that he should speak to the police
to report the stolen luggage," the federal lawsuit, filed in
California in late August, said.
But when Lipeles went to the airport's police, he received
troubling news, according to the complaint.
Airport police told Lipeles he should file a claim with United
"because it is United's usual policy upon losing luggage to falsely
state the luggage has been stolen in order to avoid reimbursing for
the loss thereof," the lawsuit said, adding that Lipeles never
received any reimbursement from United for his lost luggage or the
$35 fee.
Lipeles and his attorneys, who did not immediately respond to
Insider's request for comment, are bringing the case as a
class-action suit targeting United's "unfair and unlawful business
practices."
Reached for comment, a spokesperson for United declined to comment
on the suit, calling it an "ongoing legal matter."
According to data from the Department of Transportation, United
Airlines and its partners handled some 5,793,084 bags in November
2022, and 31,374 of them were mishandled, which the DOT defines as
bags that are "lost, damaged, delayed, and pilfered, as reported by
or on behalf of the passenger."
"Airlines are required to compensate passengers for lost, damaged,
or delayed bags. For domestic flights, DOT allows airlines to limit
their liability for lost, damaged, or delayed bags to $3,800," the
DOT said in a comment to Insider. "Airlines may pay more than these
amounts but are not required to do so." [GN]
UNITED AIRLINES: Lipeles Sues Over Unreimbursed Baggage Fees
------------------------------------------------------------
Jack Lipeles, an individual, on his own behalf and on behalf of all
others similarly situated v. UNITED AIRLINES, INC. dba UNITED
AIRLINES, An Illinois corporation; and DOES 1 through 100,
inclusive, Case No. 2:23-cv-07143-RGK-MAA (C.D. Cal., Aug. 29,
2023), is brought to redress injuries to Plaintiff and classes of
passengers who paid baggage fees, lost luggage and/or were falsely
informed their luggage was stolen, and were not reimbursed for
their luggage nor the baggage fees.
Upon acceptance of the passengers’ bags along with their baggage
fees, Defendant incurred the contractual obligation to not lose the
baggage. Explicit in this fee was the agreement not to lose, damage
or delay delivery of the bag, as basic consideration for the bag
fee (“Contract”). However, in spite of these charges, every day
a large percentage of bags are lost, damaged, destroyed or delayed,
during travel across the United States and on domestic travel
flights.
On November 26, 2022, Plaintiff was charged a fee of $35 for
handling and delivery of his bag from Las Vegas to Los Angeles.
Plaintiff paid the fee and checked a single bag for arrival at Los
Angeles. Upon Plaintiff’s arrival in Los Angeles, he went to pick
up his luggage, but was unable to find his bag. United informed
Plaintiff that his luggage was stolen and that he should speak to
the police to report the stolen luggage.
The Plaintiff went to the police to report the stolen luggage. The
airport police informed Plaintiff that he should file a claim with
United because it is United’s usual policy upon losing luggage to
falsely state the luggage has been stolen in order to avoid
reimbursing for the loss thereof. On November 26, 2022, Plaintiff
filed Claim number LAX72618M with United. Plaintiff was never
reimbursed by United for his lost luggage or the baggage fee he
paid, says the complaint.
The Plaintiff was traveling from Las Vegas, Nevada to Los Angeles,
California on United flight 1110 on November 26, 2022.
United is an international airline passenger carrier.[BN]
The Plaintiff is represented by:
Kevin A. Lipeles, Esq.
Thomas H. Schelly, Esq.
LIPELES LAW GROUP, APC
880 Apollo Street, Suite 336
El Segundo, California 90245
Phone: (310) 322-2211
Fax: (310) 322-2252
UNUM GROUP: McPherson Sues Over Failure to Protect Personal Info
----------------------------------------------------------------
FRANCIS W. MCPHERSON, individually and on behalf of all others
similarly situated, Plaintiff v. UNUM GROUP; PROGRESS SOFTWARE
CORPORATION, Defendants, Case No. 1:23-cv-01005-PLM-SJB (W.D.
Mich., Sept. 21, 2023) is a class action against Unum and PSC for
their failure to properly secure and safeguard Plaintiff's and
other similarly situated customers' sensitive information,
including personally identifiable and protected health
information.
On June 1, 2023, Defendant Unum learned that an instance of its
MOVEit Transfer application hosted by Defendant PSC was penetrated
by a cyberattack. On June 4, 2023, Unum's investigation with the
assistance of third-party cybersecurity experts "identified
evidence that, between May 31, 2023 and June 1, 2023, an
unauthorized party had exploited the security vulnerability to copy
data. As a result of its investigation, Defendant Unum concluded --
on an undisclosed date -- that Plaintiff's and Class Members'
private information was compromised in the data breach.
The Plaintiff and Class Members seek to remedy these harms and
prevent any future data compromise on behalf of himself and all
similarly situated persons whose personal data was compromised and
stolen as a result of the data breach and who remain at risk due to
Defendant's inadequate data security practices.
The Plaintiff and Class Members are current and former customers of
Unum's subsidiary insurance companies, who in turn utilized PSC for
secure file transfers.
Unum Group is an American insurance company headquartered in
Chattanooga, Tennessee.[BN]
The Plaintiff is represented by:
Alyson Oliver, Esq.
OLIVER LAW GROUP PC
50 W. Big Beaver Road Ste 200
Troy, MI 48084
Telephone: (248) 327-6556
E-mail: notifications@oliverlawgroup.com
UPSTREAM REHABILITATION: Morrissette Files Suit in N.D. Alabama
---------------------------------------------------------------
A class action lawsuit has been filed against Upstream
Rehabilitation Inc. The case is styled as A'Tavion Morrissette,
individually and on behalf of all others similarly situated v.
Upstream Rehabilitation Inc., Case No. 2:23-cv-01276-SGC (N.D.
Ala., Sept. 26, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
Upstream Rehabilitation -- https://urpt.com/ -- is a vendor of
physical therapy management services provided by doctors.[BN]
The Plaintiff is represented by:
Taylor Bartlett, Esq.
HENINGER GARRISON DAVIS LLC
2224 1st Avenue North
Birmingham, AL 35203
Phone: (205) 326-3336
Email: taylor@hgdlawfirm.com
UPSTREAM REHABILITATION: Runk Files Suit in N.D. Alabama
--------------------------------------------------------
A class action lawsuit has been filed against Upstream
Rehabilitation. The case is styled as Adam Runk, individually and
on behalf of all others similarly situated v. Upstream
Rehabilitation, Case No. 2:23-cv-01268-SGC (N.D. Ala., Sept. 22,
2023).
The nature of suit is stated as Other P.I. for Breach of Fiduciary
Duty.
Upstream -- https://urpt.com/ -- is the Largest Pure-Play Provider
of Outpatient Physical Therapy in the U.S.[BN]
The Plaintiff is represented by:
Frank Jerome Tapley, Esq.
Hirlye Ray Lutz, III, Esq.
CORY WATSON, P.C.
2131 Magnolia Avenue, Suite 200
Birmingham, AL 35205
Phone: (205) 328-2200
Fax: (205) 324-7896
Email: jtapley@corywatson.com
rlutz@corywatson.com
UPSTREAM ROLLCO: Sawyer Sues Over Compromised Patients' Info
------------------------------------------------------------
GENE SAWYER, individually and on behalf of all others similarly
situated, Plaintiff v. UPSTREAM ROLLCO LLC d/b/a UPSTREAM
REHABILITATION, Defendant, Case No. 2:23-cv-01293-AMM (N.D. Ala.,
September 28, 2023) is a class action against the Defendant for
negligence, negligence per se, breach of implied contract, breach
of fiduciary duty, intrusion upon seclusion/invasion of privacy,
and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated patients
stored within its network systems following a data breach between
January 24, 2023, and January 31, 2023, as well as between February
3, 2023, and February 9, 2023. The Defendant also failed to timely
notify the Plaintiff and similarly situated individuals about the
data breach. As a result, the PII and PHI of the Plaintiff and
Class members were compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
Upstream Rollco LLC, doing business as Upstream Rehabilitation, is
an outpatient physical therapy provider, with its principal place
of business located at 1200 Corporate Drive, Suite 400, Birmingham,
Alabama. [BN]
The Plaintiff is represented by:
David F. Miceli, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
P.O. Box 2519
Carrollton, GA 30112
Telephone: (404) 915-8886
E-mail: dmiceli@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
VALYRIA LLC: Villaescusa Suit Removed to N.D. California
--------------------------------------------------------
The case captioned as Deivi Rivera, individually, and on behalf of
all others similarly situated v. VALYRIA, LLC, a corporation;
TRANSPAC, an unknown entity; and DOES 1 through 10, inclusive, Case
No. CU23-02357was removed from the Superior Court of the State of
California for the County of Solano, to the United States District
Court for the Northern District of California on Sept. 25, 2023,
and assigned Case No. 3:23-cv-04905.
In this Class-Action Complaint, Plaintiff asserts eight causes of
action against Defendant for various California Labor Code
violations, including: Failure to Pay Minimum and Straight Time
Wages; Failure to Pay Overtime Wages; Failure to Provide Meal
Periods; Failure to Authorize and Permit Rest Periods; 5. Failure
to Timely Pay Final Wages at Termination; Failure to Provide
Accurate Itemized Wage Statements; Failure to Indemnify Employees
for Expenditures; and Unfair Business Practices.[BN]
The Defendants are represented by:
Roger M. Mansukhani, Esq.
Joseph J. Huprich, Esq.
GORDON REES SCULLY MANSUKHANI, LLP
633 West Fifth Street, 52nd floor
Los Angeles, CA 90071
Phone: (213) 576-5000
Facsimile: (213) 680-4470
Email: rmansukhani@grsm.com
jhuprich@grsm.com
VERISK ANALYTICS: Faces Cantinieri Securities Suit
--------------------------------------------------
Verisk Analytics, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 2, 2023, that on December 15, 2021, plaintiff
Jillian Cantinieri brought a putative class action against Verisk
Analytics, Insurance Services Office and ISO Claims Services, Inc.
in the United States District Court for the Eastern District of New
York, titled "Cantinieri v. Verisk Analytics Inc., et al., Civil
Action No. 2:21-cv-6911.
The complaint alleges that the company failed to safeguard the
personally identifiable information (PII) of the plaintiff and the
members of the proposed classes from a purported breach of our
databases by unauthorized entities. Plaintiff and class members
allege actual and imminent injuries, including theft of their PII,
fraudulent activity on their financial accounts, lowered credit
scores, and costs associated with detection and prevention of
identity theft and fraud. They seek to recover compensatory,
statutory and punitive damages, disgorgement of earnings and
profits, and attorney’s fees and costs.
The company filed its motion to dismiss the claims on April 22,
2022. On March 30, 2023 the court denied the motion to dismiss
without prejudice.
Verisk Analytics, Inc. is a strategic data analytics and technology
partner to the global insurance industry by empowering clients to
strengthen operating efficiency, improve underwriting and claims
outcomes, combat fraud and make informed decisions about global
risks, including climate change, extreme events, ESG
(environmental, social, and governance), and political issues
through advanced data analytics, software, scientific research, and
deep industry knowledge.
VERISK ANALYTICS: Faces Miller Suit Over CIPA Violation
-------------------------------------------------------
Verisk Analytics, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 2, 2023, that on June 16, 2023, a certain
James Miller filed a putative class action lawsuit in the United
States District Court, District of California, titled "Miller v.
Pentagon Federal Credit Union, Verisk Analytics, Inc. and Lead
Intelligence, Inc.," Case No. 2:23-cv-04785, for violation of the
California Invasion of Privacy Act (CIPA) and the California
Constitution.
Plaintiff alleges that defendants recorded visitors' electronic
communications without their consent. Plaintiff seeks to certify a
class of California residents who provided personal information on
the website's forms to receive a quote, apply for a loan or other
financial services. Plaintiff seeks compensatory, statutory, or
punitive damages or restitution, as well as reasonable attorneys'
fees and other costs, and an order entering appropriate injective
relief.
Verisk Analytics, Inc. is a strategic data analytics and technology
partner to the global insurance industry by empowering clients to
strengthen operating efficiency, improve underwriting and claims
outcomes, combat fraud and make informed decisions about global
risks, including climate change, extreme events, ESG
(environmental, social, and governance), and political issues
through advanced data analytics, software, scientific research, and
deep industry knowledge.
VERISK ANALYTICS: Mismanagement Suit Stayed Pending Mediation
-------------------------------------------------------------
Verisk Analytics, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 2, 2023, that a class action complaint
alleging violations of the Employee Retirement Income Security Act
(ERISA) filed in the United States District Court of New Jersey is
stayed pending mediation.
On September 24, 2020, former employees Jillyn Peterson, Gabe Hare,
Robert Heynen and Adam Krajewski, filed Case No.
2:20-cv-13223-CCC-MF against defendants Insurance Services Office
Inc. (ISO), the Plan Administration Committee of Insurance Services
Office Inc. and its members and the Trust Investment Committee of
Insurance Services Office Inc. and its members.
The class is defined as all persons who were participants in or
beneficiaries of the ISO 401(k) Savings and Employee Stock
Ownership Plan, at any time between September 24, 2014 through the
date of judgment. The complaint alleges that all defendants are
fiduciaries with respect to the plan. Plaintiffs challenge the
amount of fees paid by plan participants to maintain the investment
funds in the plan portfolio and the amount of recordkeeper fees
paid by participants. Plaintiffs allege that by permitting the
payment of excessive fees, the defendants breached their ERISA
duties of prudence and loyalty. Plaintiffs further allege that ISO
breached its ERISA duty by failing to monitor the Committee
Defendants who they allege committed known breaches of their
fiduciary duties.
Defendants filed their motion to dismiss the complaint on January
12, 2021, which the court partially denied on April 13, 2021. Fact
discovery has been completed. The court stayed the litigation
pending the outcome of the parties' mediation, but the stay was
lifted on May 5, 2023. Expert discovery has begun. The parties will
continue to engage in mediation during this process.
Verisk Analytics, Inc. is a strategic data analytics and technology
partner to the global insurance industry by empowering clients to
strengthen operating efficiency, improve underwriting and claims
outcomes, combat fraud and make informed decisions about global
risks, including climate change, extreme events, ESG
(environmental, social, and governance), and political issues
through advanced data analytics, software, scientific research, and
deep industry knowledge.
VERTIV HOLDINGS: Consolidated Shareholder Suit Ongoing in S.D.N.Y.
------------------------------------------------------------------
Vertiv Holdings Co. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that it is currently facing a
putative securities class action filed on May 3, 2022 captioned "In
re Vertiv Holdings Co Securities Litigation," Case No. 22-cv-3572.
This was filed against Vertiv, certain of its officers and
directors, and other defendants in the Southern District of New
York. Plaintiffs filed an amended complaint on September 16, 2022.
The amended complaint alleges that certain of the company's public
statements were materially false and/or misleading with respect to
inflationary and supply chain pressures and pricing issues, and
asserts claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934, as amended, and Sections 11, 12(a)(2), and 15
of the Securities Act of 1933, as amended. These claims are
asserted on behalf of a putative class of all persons and entities
that (i) purchased Vertiv securities between February 24, 2021 and
February 22, 2022; and/or (ii) purchased Vertiv securities in or
traceable to the November 4, 2021 secondary public offering by a
selling stockholder pursuant to a resale registration statemen.
Vertiv Holdings Co. (formerly known as GS Acquisition Holdings
Corp.) provides mission-critical infrastructure technologies and
life cycle services for data centers, communication networks, and
commercial and industrial environments that include AC and DC power
management products, thermal management products, integrated rack
systems, modular solutions, management systems for monitoring and
controlling digital infrastructure, and services.
WALGREEN CO: De Priest et al. Sue Over Deceptive Sale of Medicines
------------------------------------------------------------------
The case, HANNAH DE PRIEST, FRIZELL JOHNSON, and RUBEN VARELA,
individually and on behalf of all others similarly situated,
Plaintiffs, v. WALGREEN CO.; PUBLIX SUPER MARKETS, INC.; KENVUE,
INC.; MCNEIL CONSUMER HEALTHCARE; PROCTER & GAMBLE COMPANY; CVS
PHARMACY, INC.; and GLAXOSMITHKLINE LLC, Defendants, Case No.
1:23-cv-14060 (N.D. Ill., Sept. 25, 2023), seeks damages and
equitable relief for Defendants' deceptions, breaches of
warranties, and violations of consumer protection statutes in
connection with the sale of phenylephrine-containing purported
decongestants.
Since at least 2007, scientific studies using modern testing
methodologies and rigors have shown that phenylephrine taken orally
is ineffective. Even still, rather than acknowledge the truth of
these studies, manufacturers and distributors, like Defendants,
have continued to market and sell their products with phenylephrine
as effective decongestant medicine, says the suit.
Headquartered in Deerfield, IL, Walgreen Co. operates over 8,000
retail pharmacies in all 50 states, the District of Columbia,
Puerto Rico, and the U.S. Virgin Islands. [BN]
The Plaintiffs are represented by:
Adam J. Levitt, Esq.
John E. Tangren, Esq.
Daniel R. Schwartz, Esq.
Blake Stubbs, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
jtangren@dicellolevitt.com
dschwartz@dicellolevitt.com
bstubbs@dicellolevitt.com
- and -
James E. Cecchi, Esq.
Donald A. Ecklund, Esq.
Jordan M. Steele, Esq.
CARELLA, BYRNE, CECCHI,
BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
E-mail: jcecchi@carellabyrne.com
decklund@carellabyrne.com
jsteele@carellabyrne.com
- and -
Christopher A. Seeger, Esq.
David R. Buchanan, Esq.
Scott A. George, Esq.
SEEGER WEISS LLP
55 Challenger Road, 6th Floor
Ridgefield Park, NJ 07660
Telephone: (973) 639-9100
E-mail: cseeger@seegerweiss.com
dbuchanan@seegerweiss.com
sgeorge@seegerweiss.com
- and -
Paul J. Geller, Esq.
Stuart A. Davidson, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
225 NE Mizner Boulevard, Suite 720
Boca Raton, FL 33432
Telephone: (561) 750-3000
E-mail: pgeller@rgrdlaw.com
sdavidson@rgrdlaw.com
WALGREEN CO: Rampalli Sues Over False Marketing and Advertising
---------------------------------------------------------------
Krystal Rampalli, Individually and on Behalf of All Others
Similarly Situated v. Walgreen Co., Case No. 1:23-cv-14015 (N.D.
Ill., Sept. 22, 2023), is brought on behalf of similarly situated
who purchased Defendant's tablet style phenylephrine medicine,
"Wal-Phed PE Nasal Decongestant Tablets" ("Medicine", or "Drugs")1,
that were manufactured, marketed, labeled, distributed, and sold by
Defendant as a result of the Defendant's fraud, false marketing,
false advertising, breach of contract, breach of warranty, and
breaches of state law consumer protection statutes.
The Defendant specializes in generic brand medicine, that is
comparable to other national brands, as documented in its corporate
wordmark, and website branding, and content, as seen below:
"Relives sinus pressure and congestion." Further, Defendant states:
"Compare to Sudafed PE." Unfortunately, Defendant's provide and
sell Drugs that do not work.
The Defendant is seeking out consumers who are vulnerable positions
given their need for medicine related to nasal and sinus issues.
Unfortunately, Defendant's "Daytime" branded Drugs, containing
phenylephrine, are ineffective as decongestants These Drugs,
specifically those containing phenylephrine, were brought to market
as alternatives for other types of medicines that were prone to
abuse by illicit drug producers, as to create methamphetamine. In
fact, these Drugs took the shelf space of older, truly effective
drugs, says the complaint.
The Plaintiff began purchasing Defendant's Drugs from a Walgreens
Store.
The Defendant is a massive pharmacy corporation.[BN]
The Plaintiff is represented by:
Roy T. Willey IV, Esq.
Paul J. Doolittle, Esq.
Blake G. Abbott, Esq.
ANASTOPOULO LAW FIRM, LLC
32 Ann Street
Charleston, SC 29403
Phone: (843) 614-8888
Email: roy.willey@poulinwilley.com
paul.doolittle@poulinwilley.com
blake.abbott@poulinwilley.com
cmad@poulinwilley.com
WALMART INC: Corbett Suit Transferred to D. New Jersey
------------------------------------------------------
The case styled as Jennifer Houseman Corbett, individually and on
behalf of all others similarly situated v. Walmart Inc., Case No.
1:21-cv-00996 was transferred from the U.S. District Court for the
Western District of New York, to the U.S. District Court for the
District of New Jersey on Sept. 25, 2023.
The District Court Clerk assigned Case No. 3:23-cv-20635 to the
proceeding.
The nature of suit is stated as Other Fraud.
Walmart Inc. -- https://corporate.walmart.com/ -- is an American
multinational retail corporation that operates a chain of
hypermarkets, discount department stores, and grocery stores in the
United States.[BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 409
Great Neck NY 11021
Phone: (516) 268-7080
Email: spencer@spencersheehan.com
- and -
Joel Oster, Esq.
LAW OFFICES OF HOWARD W. RUBENSTEIN
22052 W 66th St #192
Shawnee KS 66226
Phone: (913) 206-7575
Email: joel@joelosterlaw.com
The Defendant is represented by:
James F. Murdica, Esq.
BARNES & THORNBURG LLP
2029 Century Park East, Suite 300
Los Angeles, CA 90067
Phone: (312) 357-1313
Email: jmurdica@btlaw.com
WEST PHARMACEUTICAL: Rouse Suit Seeks Non-Exempt Staff's Unpaid OT
------------------------------------------------------------------
KELLIE ROUSE and JUSTIN STRAYHORN, individually and on behalf of
all others similarly situated, Plaintiffs v. WEST PHARMACEUTICAL
SERVICES, INC., Defendant, Case No. 2:23-cv-03798 (E.D. Pa.,
September 28, 2023) is a class action against the Defendant for
failure to pay overtime wages in violation of the Fair Labor
Standards Act.
Plaintiffs Rouse and Strayhorn have been employed by the Defendant
as non-exempt, hourly employees since March 2010 and April 2020,
respectively.
West Pharmaceutical Services, Inc., is a manufacturer of injectable
pharmaceutical packaging and delivery systems, headquartered in
Exton, Pennsylvania. [BN]
The Plaintiffs are represented by:
Adam S. Levy, Esq.
LAW OFFICE OF ADAM S. LEVY, LLC
P.O. Box 88
Oreland, PA 19075
Telephone: (267) 994-6952
E-mail: adamslevy@comcast.net
- and -
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
- and -
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
lms@melmedlaw.com
WHEELER REAL ESTATE: Maryland Court Tosses Shareholder Suit
-----------------------------------------------------------
Wheeler Real Estate Investment Trust, Inc. disclosed in its Form
8-K filed with the Securities and Exchange Commission on August 2,
2023, that on August 2, 2023, Wheeler Real Estate Investment Trust,
Inc. and its subsidiary company, Cedar Realty Trust, Inc., jointly
announced that on August 1, 2023 the United States District Court
for the District of Maryland dismissed without leave to amend a
putative class action complaint filed against the company and Cedar
by purported holders of Cedar's preferred stock.
Wheeler Real Estate Investment Trust, Inc. is a real estate
investment trust based in Virginia Beach VA.
WINDY CITY: Fontanez Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Windy City Organics,
LLC. The case is styled as Ramon Fontanez, individually, and on
behalf of all others similarly situated v. Windy City Organics,
LLC, Case No. 1:23-cv-08363 (S.D.N.Y., Sept. 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Windy City Organics -- https://www.windycityorganics.com/ -- is an
organic raw food distributor, bulk organic nut butter, organic raw
chocolate, co-packing.[BN]
The Plaintiff is represented by:
William Downes, Esq.
MIZRAHI KROUB LLP
225 Broadway, Ste. 39th Floor
New York, NY 10007
Phone: (212) 595-6200
Email: wdownes@mizrahikroub.com
WM. BOLTHOUSE: Jackson Sues Over Misleading Advertisements
----------------------------------------------------------
Jennifer Jackson ad April Due, individually and on behalf of all
others similarly situated v. WM. BOLTHOUSE FARMS, INC., Case No.
3:23-cv-04853 (N.D. Cal., Sept. 21, 2023), is brought against the
Defendant's multiple types of juice products which contained
systematically misleading advertisements.
The Defendant markets its Products in a systematically misleading
manner by misrepresenting that their Products do not contain
preservatives, or/alternatively, artificial preservatives. The
Defendant clearly lists "No Preservatives" or, alternatively, "No
Artificial Preservatives" on Products' labels, capitalizing on the
preference of health-conscious consumers to purchase foods that are
free from preservatives and artificial ingredients. However,
Defendant's Products contain "ascorbic acid"--a well-known
artificial preservative used in food products. As a result of its
deceptive conduct, Defendant violates state consumer protection
statutes and has been unjustly enriched at the expense of
consumers, says the complaint.
The Plaintiffs purchased Defendant's Products.
The Defendant formulates, manufactures, advertises, and sells
multiple types of juice products.[BN]
The Plaintiff is represented by:
Frederick J. Klorczyk, Esq.
Julian C. Diamond, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
Facsimile: (212) 989-9163
Email: fklorczyk@@bursor.com
jdiamond@bursor.com
ZILLOW GROUP: Court Narrows Claims in Securities Suit
-----------------------------------------------------
Zillow Group, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 2, 2023, that on December 7, 2022, the U.S.
District Court for the Western District of Washington rendered its
decision granting defendants' motion to dismiss, in part, and
denying the motion, in part, with regards to a consolidated
complaint that alleges, among other things, that Zillow issued
materially false and misleading statements regarding its "Zillow
Offers" business.
The complaints seek to recover, among other things, alleged damages
sustained by the purported class members as a result of the alleged
misconduct. On January 23, 2023, the defendants filed their answer
to the consolidated complaint.
On November 19, 2021, a purported class action lawsuits was filed
against Zillow and certain of its executive officers, alleging,
among other things, violations of federal securities laws on behalf
of a class of those who purchased its stock between August 7, 2020
and November 2, 2021. This was captioned "Silverberg v. Zillow
Group, et al." This was consolidated on February 16, 2022.
On May 12, 2022, the plaintiffs filed their amended consolidated
complaint where Zillow moved to dismiss the amended consolidated
complaint on July 11, 2022, plaintiffs filed their opposition to
the motion to dismiss on September 2, 2022, and the company filed a
reply in support of the motion to dismiss on October 11, 2022.
Zillow Group operates a real estate website in the United States
that provides digital solutions for easier buying, selling,
financing and renting experiences. Its portfolio of affiliates,
subsidiaries and brands includes Zillow, Zillow Premier Agent,
Zillow Home Loans, Zillow Rentals, Trulia, StreetEasy, HotPads and
Out East.
ZILLOW GROUP: Settles Consolidated Shareholder Suit
----------------------------------------------------
Zillow Group, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 2, 2023, that it has agreed to settle a
consolidated shareholder class action complaint alleging, among
other things, violations of federal securities laws on behalf of a
class of those who purchased its common stock between February 12,
2016 and August 8, 2017.
In August September 2017, purported class actions, captioned
"Vargosko v. Zillow Group, Inc. et al," was brought in the U.S.
District Court for the Central District of California. The
complaints alleges, among other things, that during the period
between February 12, 2016 and August 8, 2017, the company issued
materially false and misleading statements regarding its business
practices. The complaints seek to recover, among other things,
alleged damages sustained by the purported class members as a
result of the alleged misconduct.
In January 2018, this was transferred to the U.S. District Court
for the Western District of Washington and consolidated with
another purported class action lawsuit. In February 2018, the
plaintiffs filed a consolidated amended complaint, and in April
2018, the company filed its motion to dismiss the consolidated
amended complaint.
In October 2018, its motion to dismiss was granted without
prejudice, and in November 2018, the plaintiffs filed a second
consolidated amended complaint, which the company moved to dismiss
in December 2018. On April 19, 2019, the company's motion to
dismiss the second consolidated amended complaint was denied. On
October 11, 2019, plaintiffs filed a motion for class certification
which was granted by the court on October 28, 2020.
On February 17, 2021, the Ninth Circuit Court of Appeals denied the
company's petition for review of that decision. On October 21,
2022, the parties jointly filed a notice of settlement with the
U.S. District Court for the Western District of Washington to
inform the court that the parties have reached an agreement to
settle this action.
On March 31, 2023, the plaintiffs filed a motion seeking
preliminary approval of the parties' proposed settlement, which
motion was granted by the court on April 3, 2023. The terms of the
parties' proposed settlement agreement are contained in the
settlement documents filed with the court on March 31, 2023. The
court has set August 8, 2023 as the hearing date for final approval
of the settlement.
Zillow Group operates a real estate website in the United States
that provides digital solutions for easier buying, selling,
financing and renting experiences. Its portfolio of affiliates,
subsidiaries and brands includes Zillow, Zillow Premier Agent,
Zillow Home Loans, Zillow Rentals, Trulia, StreetEasy, HotPads and
Out East.
[*] Fast Food Companies Face Suit Over Deceptive Food Marketing
---------------------------------------------------------------
Danielle Wiener-Bronner at CNN reports that when it comes to food
advertising, what you see is rarely what you get. A flurry of
recent lawsuits wants to change that.
Over the past few years, lawyers have been bringing class action
suits against fast food companies, alleging that they're
misrepresenting food in their marketing.
Lawyers James Kelly and Anthony Russo, in particular, have been
leading the charge, bringing cases against Taco Bell, Wendy's,
McDonald's, Burger King and Arby's. These companies use ads that
don't match up with their actual food, the suits allege.
As evidence, the complaints feature images of food marketing
alongside shots of their real-life counterparts. In the ads,
burgers look tall, heaped with meat and cheese, topped with golden,
rounded buns. But in the photos of burgers bought from a real fast
food location, they're flat, with meat and cheese barely peeking
out of limp, white buns. Tacos are no different: In Taco Bell's
ads, Crunchwraps look hearty and plump. In photos in the lawsuit,
they look flat and nearly empty. The suits are ongoing.
"We saw a record number of food litigation lawsuits filed from 2020
to 2023, with hundreds of new suits every year," said Tommy Tobin,
a lawyer at Perkins Coie and Lecturer at UCLA Law, adding that
"food litigation is a fast-growing area of law."
The explosion has been largely driven by the efforts of a handful
of lawyers, including Russo and Kelly, said Bonnie Patten,
executive director of Truth in Advertising, a nonprofit
organization that focuses on protecting consumers from false
advertising.
Their cases focus on quantity, she said, essentially arguing that
food in ads appears more bountiful than what customers actually
get. Other lawyers, like Spencer Sheehan, focus on how food is
described. Sheehan, a New York lawyer, has filed hundreds of class
action suits focusing on misleading words on packaged foods -- like
use of the word "vanilla" on foods made with little or no actual
vanilla.
Major chains have also been targeted for how they describe food.
Last year a class action suit was brought against Starbucks
claiming that the chain is misleading buyers of its "Refreshers"
beverages by naming them for ingredients they don't have. The
complaint states that, for example, "the Mango Dragonfruit and
Mango Dragonfruit Lemonade Refreshers contain no mango," and that
in fact "all of the products are predominantly made with water,
grape juice concentrate, and sugar." Starbucks argued, among other
things, that the fruits mentioned indicate a flavor rather than an
ingredient.
"The allegations in the complaint are inaccurate and without
merit," a Starbucks spokesperson said in a statement, adding, "we
look forward to defending ourselves against these claims."
For a judge or jury to side with the plaintiffs in false
advertising claims, lawyers have to successfully make the case that
the ads would trick a "reasonable consumer," Tobin, explained.
"Under this standard, a court asks whether a reasonable consumer
would be misled by the product's marketing or labeling," he said.
The courts will have to draw the line between false advertising and
just, well, advertising -- which might be trickier than it sounds.
What is a reasonable consumer?
Burger King, in a bid to dismiss the lawsuit against it, argued
that its ads are fair.
"Reasonable consumers viewing food advertising know" that food in
ads "has been styled to make it look as appetizing as possible,"
Burger King argued in a recent filing. That "innate" knowledge,
plus the fact that a Whopper patty is always made with a quarter
pound of beef, as promised, means that the ads are fine, according
to Burger King.
"The plaintiffs' claims are false," a Burger King spokesperson said
in a statement about the lawsuit. "The flame-grilled beef patties
portrayed in our advertising are the same patties used in the
millions of Whopper sandwiches we serve to guests nationwide."
Arby's, McDonald's, and Taco Bell did not respond to requests for
comment. Wendy's declined to comment, citing the ongoing
litigation.
For Russo, that argument doesn't cut it. He's more concerned with
what he calls the "common-sense eyeball test." The fast food chains
targeted in his suit, he said, are failing.
"If you look at what their advertisements are showing, and you look
at what on a regular basis, every consumer is getting . . .
[there's] a glaring disparity," he said. "You could talk about
weight . . . you could talk about volume, those are all the things
the experts get into," he said. But if the image is drastically
different from the product, he argues, those details don't matter.
In the Burger King case, a judge recently agreed to punt the
question of what is "reasonable" to a jury, refusing to dismiss the
case in full as Burger King requested.
Starbucks will also have to face many of the claims brought against
it in the class action. "Plaintiffs have adequately alleged that a
significant portion of the general consuming public could be misled
by the names of the at-issue beverages," a recent order states.
What you see is not what you get
For Patten, a reasonable consumer is an "average consumer." The
legal system, she said, often expect more from a reasonable
consumer than she would from an average one.
"Trial courts tend to have a very high opinion of who the
reasonable consumer is," she said. "And I think as a result of
that, will dismiss a lot of these types of class actions, taking
the position that the reasonable consumer of course knows that this
type of advertising exaggerates the quality and quantity of food."
But Patten has heard from many complaining about this specific
discrepancy, between how much food they expect due to advertising,
and how much food they actually get.
"We get it for burgers, we've gotten it for buckets of chicken, all
sorts of different kinds of fast food," she said.
When it comes to allegations of false advertising, there are more
egregious questions than whether a taco on the screen matches a
taco in the hand. And Patten's not convinced that class actions are
the way to go -- if they're not dismissed, they often get settled,
offering the defendant certain protections and giving consumers a
small sum of cash, while their lawyers walk away with a larger
bundle.
But with people watching their budgets, it's worth examining
whether customers are getting as much food as they expect from
major fast food chains.
When people are "using their limited resources to purchase this,
and then they're not being provided with the quantity of food
they're expecting -- that is an issue, no doubt."
The suits, and the attention they've received, can help inform the
public of what to really expect, Patten said.
They "can help educate consumers and make more savvy purchasers of
their dinners," she said. "The best defense against deceptive
marketing is an educated consumer."[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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USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2023. All rights reserved. ISSN 1525-2272.
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