/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/231229.mbx C L A S S A C T I O N R E P O R T E R Friday, December 29, 2023, Vol. 25, No. 261 Headlines 14 STREET MEDICAL: Calixte Brings Appeal to N.Y. Appellate Div. 3M COMPANY: Cottongim Suit Removed to N.D. Alabama ABC CORPORATION: Campos Sues Over Failure to Pay Overtime Wages BAYER HEALTHCARE: Kasparie Suit Transferred to E.D. New York BYD COACH & BUS: Bonito Files Suit in Cal. Super. Ct. C&M DEFENSE GROUP: Bryant Sues Over Failure to Pay Overtime Wages COSTCO WHOLESALE: Scott Suit Transferred to W.D. Washington DIRECT TRUCKING: Fails to Pay Proper Wages, Baez Alleges DONOVAN BROS: Cazarez Files Suit in Cal. Super. Ct. E.I. DU PONT: Crisp Sues Over Drinking Water Contamination EAST RIVER MEDICAL: Watson Files Suit in S.D. New York ERNST & YOUNG: Jacobs Suit Transferred to D. Massachusetts EXEL INC: Removes Burney Sr. Suit to Southern District of Ohio FIDELITY LIFE: Clerc Suit Transferred to D. Massachusetts FORD MOTOR: Appeals Arbitration Bid Denial in Scriber Suit FORD MOTOR: Barlup Suit Transferred to D. Massachusetts FORD MOTOR: Butler Suit Transferred to D. Massachusetts FORD MOTOR: Haworth Suit Transferred to D. Massachusetts GLOBAL ATLANTIC: Bernstein Suit Transferred to D. Massachusetts HIGHER EDUCATION LOAN AUTHORITY: Joy Files Suit in E.D. Missouri HIP HOP CLOSET: Hernandez Files ADA Suit in E.D. New York HOMEAGLOW INC: Seneca Suit Removed to C.D. California I. MICHAEL RESALE: Melendez Files ADA Suit in E.D. New York IL BACCO RISTORANTE: Stroude Files ADA Suit in E.D. New York IMMUNESCHEIN LLC: Karim Files ADA Suit in S.D. New York JANCO FS 3 LLC: Garcia-Ortiz Files Suit in Cal. Super. Ct. JET SET SPORTS: Caruso Appeals CFA Suit Dismissal to 3rd Circuit JOHNSON & JOHNSON: Audelo Suit Transferred to E.D. New York JOHNSON & JOHNSON: Pack Suit Transferred to E.D. New York KRAFT HEINZ: Galbreth Suit Removed to N.D. California LENNAR CORPORATION: Garcia Suit Removed to C.D. California LOVERBOY INC: Morgan Files ADA Suit in S.D. New York MADE'S TRUCKING: Portales Suit Removed to S.D. Florida MCGEE AIR SERVICES: Vargas Suit Removed to N.D. California MDL 3076: Garrison Case Consolidated in FTX Cryptocurrency Row MDL 3080: Louisiana v. Sanofi Consolidated in Insulin Pricing Row MDL 3085: Panel Denies Centralization Bid in Fraud Case MDL 3086: Panel Denies Centralization of Prisoners' Suit MDL 3089: 12 Suits Transferred to Decongestant Product Litigation MDL 3089: 28 Suits Transferred to Future Motion Product Litigation MILES COLLEGE: Web Site Not Accessible to Blind Users, Bishop Says MINDGEEK USA: Appeals Class Cert. Ruling in Sex Trafficking Suit NATERA INC: Copley Suit Removed to N.D. California NORDIC NATURALS: Yellin Sues Over False and Deceptive Labels NORTH AMERICAN LIGHTING: Sued Over Unlawful Compensation Scheme NORTHWELL HEALTH: Heitzner Suit Removed to S.D. New York NORTHWELL HEALTH: Tudda Suit Removed to E.D. New York NOW HEALTH GROUP: Stonehart Files ADA Suit in N.D. Illinois NUZZIE BRAND: Reid Files ADA Suit in S.D. New York NVIDIA CORPORATION: Shareholder Suit in California Court Ongoing PACIFIC OFFICE: Aranda Suit Removed to N.D. California PACIFIC OFFICE: Canfield Suit Removed to S.D. California PROCTER & GAMBLE: Coppock Suit Transferred to E.D. New York PROCTER & GAMBLE: Fichera Suit Transferred to E.D. New York PROCTER & GAMBLE: Juneau Suit Transferred to E.D. New York UNIVERSITY OF OREGON: Female Athletes File Discrimination Case Asbestos Litigation ASBESTOS UPDATE: Barretts Minerals Can't Stop Talc Suits ASBESTOS UPDATE: Johnson & Johnson to Continue Bankruptcy Strategy ASBESTOS UPDATE: Johnson Controls Has $121MM Asbestos Liabilities ********* 14 STREET MEDICAL: Calixte Brings Appeal to N.Y. Appellate Div. --------------------------------------------------------------- CHRISTINA CALIXTE filed a petition in the lawsuit entitled Christina Calixte, on behalf of herself and all others similarly situated, Plaintiff, v. 14 Street Medical, P.C., et al., Defendants, Case No. 522952/2022, in the Supreme Court of New York, Kings County. As previously reported in the Class Action Reporter, the case arises from the Defendants' violations of the New York State Human Rights Law, the New York City Human Rights Law, and the New York Labor Law. According to the complaint, the Defendants discriminated against the Plaintiff and similarly situated employees on the basis of their race. The Plaintiff, an African American woman, was forced to endure hostile work environment and was retaliated against by the Defendants for complaining about her pay statements, says the suit. The appellate case is captioned Christina Calixte vs. 14 Street Medical, P.C. et al., Case No. 23-07890, in the Second Judicial Department of New York Appellate Division, filed on December 6, 2023. [BN] 3M COMPANY: Cottongim Suit Removed to N.D. Alabama -------------------------------------------------- The case captioned as Franklin Cottongim, et al. v. 3M Company, et al., Case No. 01-CV-2023-904147.00 was removed from the Circuit Court for the Tenth Judicial Circuit, Jefferson County, Alabama, to the United States District Court for the Northern District of Alabama on Dec. 19, 2023, and assigned Case No. 2:23-cv-01714-ACA. The Plaintiffs seek to hold 3M and certain other the Defendants liable based on their alleged conduct in designing, manufacturing, and/or selling aqueous film-forming foams ("AFFF") and/or firefighter turnout gear ("TOG") that Plaintiffs allege were used in firefighting activities, thereby causing injury to the Plaintiffs.[BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 Email: gregc@elglaw.com gary@elglaw.com kmckie@elglaw.com The Defendant is represented by: M. Christian King, Esq. Harlan I. Prater, IV, Esq. W. Larkin Radney, IV, Esq. Wesley B. Gilchrist, Esq. LIGHTFOOT, FRANKLIN & WHITE, L.L.C. The Clark Building 400 North 20th Street Birmingham, AL 35203-3200 Phone: (205) 581-0700 Email: cking@lightfootlaw.com hprater@lightfootlaw.com lradney@lightfootlaw.com wgilchrist@lightfootlaw.com ABC CORPORATION: Campos Sues Over Failure to Pay Overtime Wages --------------------------------------------------------------- Raul Antonio Jimenez Campos, individually and on behalf of all others similarly situated v. "ABC CORPORATION" d/b/a NDN LANDSCAPING, name of the corporation being fictitious and unknown to Plaintiff, and NICHOLAS NUZZI JR., as an individual, Case No. 2:23-cv-09329 (E.D.N.Y., Dec. 19, 2023), is brought to recover damages for the Defendants' egregious violations of state and federal wage and hour laws, the Fair Labor Standards Act and the New York Labor Laws arising out of the Defendants failure to pay overtime wages. Although the Plaintiff worked approximately 63 hours or more hours per week from June 2020 until September 2023, the Defendants did not pay Plaintiff time and a half for hours worked over 40, a blatant violation of the overtime provisions contained in the FLSA and NYLL. The Defendants failed to provide Plaintiff with a wage notice at the time of his hire or at any time during his employment in violation of the NYLL. The Defendants willfully failed to keep payroll records as required by the NYLL. Additionally, Defendants willfully failed to provide Plaintiff with a written notice, in English, of his applicable regular rate of pay, regular pay day, and all such information as required by NYLL, says the complaint. The Plaintiffs was employed by the Defendants. "ABC CORPORATION" d/b/a NDN LANDSCAPING, is a corporation organized under the laws of 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 Phone: 718-263-9591 BAYER HEALTHCARE: Kasparie Suit Transferred to E.D. New York ------------------------------------------------------------ The case captioned as Michele Kasparie, Kimberly James, individually and on behalf of all others similarly situated v. Bayer Healthcare LLC, Glaxosmithkline LLC, Kenvue Inc., McNeil Consumer Healthcare, Procter & Gamble Company, Target Corporation, Walmart Inc., Johnson & Johnson Consumer Inc., Walgreen Co., McNeil Consumer Healthcare, Case No. 2:23-cv-03783 was transferred from the U.S. District Court for the Eastern District of Pennsylvania, to the U.S. District Court for the Eastern District of New York on Dec. 19, 2023. The District Court Clerk assigned Case No. 1:23-cv-09312-BMC to the proceeding. The nature of suit is stated as Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. Bayer Healthcare LLC -- https://www.bayer.com/en/ -- discovers and manufactures healthcare and medical products.[BN] The Plaintiff is represented by: Jeffrey A. Barrack, Esq. BARRACK, RODOS & BACINE 2001 Market Street 3300 Two Commerce Square Philadelphia, PA 19103-7087 Phone: (215) 963-0600 Fax: (215) 963-0838 Email: jbarrack@barrack.com The Defendants are represented by: Ilana H. Eisenstein, Esq. DLA PIPER LLP (US) 1650 Market Street, Suite 5000 Philadelphia, PA 19103 Phone: (215) 656-3300 - and - Karl Gunderson, Esq. KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, IL 60654 Phone: (312) 862-2379 Email: karl.gunderson@kirkland.com - and - Alison Sarah DiCiurcio, Esq. COVINGTON & BURLING LLP One CityCenter 850 10th Street NW Washington, DC 20001 Phone: (202) 662-5353 Email: adiciurcio@cov.com - and - Gregory T. Sturges, Esq. GREENBERG TRAURIG LLP 1717 Arch Street, Suite 400 Philadelphia, PA 19103 Phone: (215) 988-7820 Email: sturgesg@gtlaw.com - and - Austin Evans, Esq. KING & SPALDING LLP 1180 Peachtree St. NE Atlanta, GA 30309 Phone: (404) 572-4600 Fax: (404) 572-5100 Email: aevans@kslaw.com - and - David F. Abernethy, Esq. FAEGRE DRINKER BIDDLE & REATH LLP One Logan Square, Suite 2000 Philadelphia, PA 19103-6996 Phone: (215) 988-2503 Fax: (215) 988-2757 Email: david.abernethy@faegredrinker.com BYD COACH & BUS: Bonito Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against BYD Coach & Bus LLC, et al. The case is styled as Jose Bonito, as an individual and on behalf of all others similarly situated v. BYD Coach & Bus LLC, BYD Motors LLC, BYD Motors, Inc., Does 1 through 100, Case No. 23STCV30810 (Cal. Super. Ct., Los Angeles Cty., Dec. 18, 2023). BYD -- https://en.byd.com/bus/ -- offers the widest range of battery-electric bus and coach models in the United States.[BN] The Plaintiff is represented by: Fletcher W. Schmidt, Esq. HAINES LAW GROUP, APC 2155 Campus Drive, Suite 180 El Segundo, California 90245 Phone: (424) 292-2350 Fax: (424) 292-2355 Email: fschmidt@haineslawgroup.com C&M DEFENSE GROUP: Bryant Sues Over Failure to Pay Overtime Wages ----------------------------------------------------------------- Makita Bryant, on behalf of herself and all others similarly situated v. C&M DEFENSE GROUP LLC, CHARLES REEDY, JR., and REGINALD DANIELS, Case No. 1:23-cv-05848-MHC (N.D. Ga., Dec. 19, 2023), is brought against Defendant alleging systemic violations of the Fair Labor Standards Act of 1938 ("FLSA") by failing to pay overtime wages. Throughout the period in which the Defendants misclassified Plaintiff as an independent contractor, the Defendants paid Plaintiff a set hourly rate of $15.00 for all time worked on the clock. While Defendants misclassified Plaintiff as an independent contractor, Plaintiff was an employee of Defendants. The Defendants provided Plaintiff with her schedule, worksites, shifts, and her uniform, including her shirt and tactical vest. Plaintiff did not have the ability to turn down work. Plaintiff made little to no investment in Defendants' business. Defendants were solely responsible for generating the schedule of available shifts for Security Officers, including Plaintiff. The Plaintiff regularly worked more than 40 hours per workweek without being paid one-and-one-half times the regular rate of pay for all overtime worked. At times throughout Plaintiff's employment, Plaintiff was required to work over one-hundred hours a week and was not paid one-and-one-half times her regular rate of pay for all overtime worked. The Defendants knew or should have known that Plaintiff and members of the Overtime Collective worked in excess of 40 hours per workweek. Each and every week that the Plaintiff worked in excess of 40 hours per week, Defendants failed to pay them overtime wages for time worked in excess of 40 hours per week, says the complaint. The Plaintiff was employed as a Security Officer for Defendant from April 2021 to April 3, 2023. C&M regularly transacts business in the Atlanta Division of the Northern District of Georgia.[BN] The Plaintiff is represented by: Justin M. Scott, Esq. Grace A. Starling, Esq. RADFORD SCOTT LLP 160 Clairemont Avenue, Suite 610 Decatur, GA 30030 Phone: 678.780.4880 Facsimile: 478.575.2590 Email: jscott@radfordscott.com gstarling@radfordscott.com COSTCO WHOLESALE: Scott Suit Transferred to W.D. Washington ----------------------------------------------------------- The case styled as Kimberly Scott, Robin Warbey, Jacob Davis, Marcos Ramos, Daniel Smith, on behalf of and all others similarly situated v. Costco Wholesale Corporation, Case No. 2:23-cv-08808-SVW-AGR was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Western District of Washington on Dec. 8, 2023. The District Court Clerk assigned Case No. 2:23-cv-01906-SKV to the proceeding. The nature of suit is stated as Other Statutory Actions for Breach of Contract. Costco Wholesale -- https://www.costco.com/ -- is a multibillion dollar global retailer with warehouse club operations in 11 countries.[BN] The Plaintiffs are represented by: Marc L. Godino, Esq. GLANCY PRONGAY AND MURRAY LLP 1925 Centry Park East, Suite 2100 Los Angeles, CA 90067 Phone: (310) 945-2972 Fax: (310) 432-1475 Email: mgodino@glancylaw.com The Defendant is represented by: Rebecca G. Durham, Esq. Ashley L. Shively, Esq. HOLLAND AND KNIGHT LLP 560 Mission Street, Suite 1900 San Francisco, CA 94105 Phone: (415) 743-6900 Fax: (415) 743-6910 Email: rebecca.durham@hklaw.com ashley.shively@hklaw.com DIRECT TRUCKING: Fails to Pay Proper Wages, Baez Alleges -------------------------------------------------------- PEDRO BAEZ, individually and on behalf of all others similarly situated, Plaintiff v. DIRECT TRUCKING CORP. d/b/a SPARC TRANSPORT; and EDWARD KIM, Defendant, Case No.: 1:23-cv-16888 (N.D. Ill., Dec. 18, 2023) seeks to challenge the Defendants' unlawful practice of making deductions from delivery drivers' wages and requiring them to bear expenses which should have been properly borne by the Defendant. Plaintiff Baez was employed by the Defendants as a delivery driver. DIRECT TRUCKING CORP. d/b/a SPARC TRANSPORT provides transportation and logistics solutions across the supply chain, including general freight/dry van and intermodal shipping/container. [BN] The Plaintiff is represented by: Bradley Manewith, Esq. LICHTEN & LISS-RIORDAN, P.C. 5 Revere Drive, Suite 200 Northbrook, IL 60062 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 Email: bmanewith@llrlaw.com - and - Harold L. Lichten, Esq. Olena Savytska, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Ste. 2000 Boston, MA 02116 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 Email: hlichten@llrlaw.com osavytska@llrlaw.com DONOVAN BROS: Cazarez Files Suit in Cal. Super. Ct. --------------------------------------------------- A class action lawsuit has been filed against Donovan Bros. Golf Inc., et al. The case is styled as Salvador Cazarez, Felimon Maldonado, on behalf of all others similarly situated v. Donovan Bros. Golf Inc., Links at Riverlakes Ranch Golf Course, Case No. BCV-23-104111 (Cal. Super. Ct., Kern Cty., Dec. 11, 2023). The case type is stated as "Other Employment - Civil Unlimited." Donovan Bros. Golf, Inc. is in the Public Golf Courses business.[BN] The Plaintiffs are represented by: Farrah Mirabel, Esq. LAW OFFICE FARRAH MIRABEL 1070 Stradella Rd, Los Angeles, CA 90077 Phone: 714-972-0707 Fax: 949-417-1796 Email: fmesq@fmirabel.com E.I. DU PONT: Crisp Sues Over Drinking Water Contamination ---------------------------------------------------------- Braxton Crisp, and others similarly situated v. E.I. DU PONT DE NEMOURS AND COMPANY and THE CHEMOURS COMPANY, Case No. 2:23-cv-04039-EAS-EPD (S.D. Ohio, Dec. 7, 2023), is brought against the Defendant's for bodily injury and property damage arising from the intentional, knowing, reckless and negligent acts and omissions of the Defendants in connection with contamination of human drinking water supplies. This is a civil action for equitable relief, compensatory and punitive damages, costs incurred and to be incurred by Plaintiff, and any other damages which the Court or jury may deem appropriate for bodily injury and property damage arising from the intentional, knowing, reckless and negligent acts and omissions of the Defendants in connection with contamination of human drinking water supplies used by the Plaintiff. The Defendant owned, operated, maintained, managed and/or otherwise controlled a manufacturing facility in Wood County, West Virginia, known as the "Washington Works Plant" (hereinafter referred to as the "Plant"). As a result of Defendant's negligent, improper, inadequate, inappropriate and/or otherwise unlawful conduct in its ownership, operation, maintenance, management and/or control of the Plant, Plaintiff has suffered injuries for which he seeks redress and damages, says the complaint. The Plaintiff is a Leach class member who resided and/or worked in at least one of the contaminated water districts including Tuppers Plains Chester Water District, Ohio. DuPont owned and operated a manufacturing facility in Wood County, West Virginia known as the "Washington Works Plant" until at least 2015.[BN] The Plaintiff is represented by: Jon C. Conlin, Esq. F. Jerome Tapley, Esq. Mitchell Theodore, Esq. Brett Thompson, Esq. CORY WATSON, P.C. 2131 Magnolia Ave., Suite 200 Birmingham, AL 35205 Phone: 205-328-2200 Fax: 205-324-7896 Email: jconlin@corywatson.com EAST RIVER MEDICAL: Watson Files Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against East River Medical Imaging, P.C. The case is styled as Shaequawn Watson, individually, and on behalf of all others similarly situated v. East River Medical Imaging, P.C., Case No. 1:23-cv-10774-VSB (S.D.N.Y., Dec. 11, 2023). The nature of suit is stated as Other P.I. for Class Action Fairness Act. East River Medical Imaging -- https://www.eastriverimaging.com/ -- is a leader in providing state-of-the-art diagnostic imaging and radiology solutions in Manhattan New York.[BN] The Plaintiff is represented by: Jared Ross Cooper, Esq. ROBINSON & YABLON, P.C 232 Madison Avenue, Suite 1200 New York, NY 10016 Phone: (212) 725-8566 Fax: (212) 725-8567 Email: jcooper@ryinjury.com ERNST & YOUNG: Jacobs Suit Transferred to D. Massachusetts ---------------------------------------------------------- The case styled as Mykle Jacobs, individually and on behalf of all other similarly situated individuals v. Ernst & Young Investment Advisers LLP, Case No. 1:23-cv-08481 was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the District of Massachusetts on Dec. 8, 2023. The District Court Clerk assigned Case No. 1:23-cv-13021-ADB to the proceeding. The nature of suit is stated as Contract Product Liability. Ernst & Young Investment Advisers LLP provides financial services. The Company offers investment management, retirement planning, risk assurance, cyber security, tax management, internal audit, and account consolidation services.[BN] The Plaintiffs are represented by: William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 Phone: (405) 235-1560 Email: wbf@federmanlaw.com The Defendants are represented by: Sean Gallagher, Esq. BARTLIT BECK HERMAN PALENCHCHAR & SCOTT 54 West Hubbard Street Chicago, IL 60610 Phone: (312) 494-4428 Fax: (312) 494-4440 Email: sean.gallagher@bartlit-beck.com - and - Pamela Miller, Esq. Kayla N. Haran, Esq. O'MELVENY & MYERS LLP 7 Times Square Times Square Tower New York, NY 10036 Phone: (212) 326-2088 Email: pmiller@omm.com kharan@omm.com EXEL INC: Removes Burney Sr. Suit to Southern District of Ohio -------------------------------------------------------------- The Defendant in the case of VERNELL BURNEY, SR., individually and on behalf of all others similarly situated, Plaintiff v. EXEL INC. DBA DHL SUPPLY CHAIN, et al., Defendants, filed a notice to remove the lawsuit from the Court of Common Pleas of the State of Ohio, County of Montgomery (Case No. 2023 CV 06227) to the U.S. District Court for the Southern District of Ohio on December 18, 2023. The Clerk of Court for the Southern District of Ohio assigned Case No. 3:23-cv-00376-MJN-PBS to the proceeding. The case is assigned to Michael J. Newman and referred to Magistrate Peter B. Silvain, Jr. EXEL INC., doing business as DHL Supply Chain, provides logistics services. The Company offers warehousing, transportation and distribution, and integrated logistics solutions, as well as other related services. [BN] The Plaintiff is represented by: Anthony C. White, Esq. Todd M. Seaman, Esq. THOMPSON HINE LLP 41 South High Street, Suite 1700 Columbus, OH 43215 Telephone: (614) 469-3200 Facsimile: (614) 469-3361 Email: Tony.White@ThompsonHine.com Todd.Seaman@thompsonhine.com - and - Hannah E. Caldwell, Esq. THOMPSON HINE LLP 3900 Key Center 127 Public Square Cleveland, OH 44114 Telephone: (216) 566-5500 Facsimile: (216) 566-5800 FIDELITY LIFE: Clerc Suit Transferred to D. Massachusetts --------------------------------------------------------- The case styled as Antoine Clerc, on behalf of himself individually and on behalf of all others similarly situated v. Fidelity Life Association, Case No. 1:23-cv-13763 was transferred from the U.S. District Court for the Northern District of Illinois, to the U.S. District Court for the District of Massachusetts on Dec. 11, 2023. The District Court Clerk assigned Case No. 1:23-cv-13037-ADB to the proceeding. The nature of suit is stated as P.I. Fidelity Life Association -- https://fidelitylife.com/ -- operates as an insurance company. The Company offers life insurance products and services.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com The Defendant is represented by: Matthew C. Wolfe, Esq. Dylan P. Tilbury, Esq. Kathleen M. Ryan, Esq. Maveric Ray Searle, Esq. SHOOK, HARDY & BACON LLP 111 S. Wacker Drive, Ste. 4700 Chicago, IL 60606 Phone: (312) 704-7777 Email: mwolfe@shb.com dtilbury@shb.com kxryan@shb.com msearle@shb.com FORD MOTOR: Appeals Arbitration Bid Denial in Scriber Suit ---------------------------------------------------------- FORD MOTOR COMPANY is taking an appeal from a court order denying its motion to compel arbitration in the lawsuit entitled Michael Scriber, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Ford Motor Company, Defendant, Case No. 3:22-cv-01716-MMA-MMP, in the U.S. District Court for the Southern District of California. As previously reported in the Class Action Reporter, the Plaintiffs allege that the Class Vehicles' internet enabled features, such as roadside emergency safety features and other features available through the MyFord or MyLincoln Mobile App, were rendered inoperable after AT&T's 3G phase out in 2022 due to Ford's installation of obsolete telematics equipment in the Class Vehicles. The Defendant breached the terms of the express warranties by not providing the Class Vehicles with properly functioning modems, suit says. On June 29, 2023, the Defendant filed a motion to compel arbitration and stay proceedings, which the Court denied through an Order entered by Judge Michael M. Anello on Nov. 7, 2023. Judge Anello denies Ford's motion to compel arbitration based upon the Connected Services Agreements. While the Court must address the gateway issues in resolving a motion to compel arbitration, it is Ford's burden to demonstrate that these questions of law should be resolved in its favor. Judge Anello finds that Ford has not met its burden of showing that there is a mandatory arbitration agreement that encompasses the dispute under Michigan law. The appellate case is captioned Scriber, et al. v. Ford Motor Company, Case No. 23-3966, in the United States Court of Appeals for the Ninth Circuit, filed on December 6, 2023. The briefing schedule in the Appellate Case states that: -- Appellant Mediation Questionnaire was due on December 11, 2023; -- Appellant Opening Brief is due on January 15, 2024; and -- Appellee Answering Brief is due on February 14, 2024. [BN] FORD MOTOR: Barlup Suit Transferred to D. Massachusetts ------------------------------------------------------- The case styled as Erin Barlup, Justin Barlup, individually and on behalf of all others similarly situated v. Ford Motor Company, Case No. 1:23-cv-01664 was transferred from the U.S. District Court for the Middle District of Pennsylvania, to the U.S. District Court for the District of Massachusetts on Dec. 8, 2023. The District Court Clerk assigned Case No. 1:23-cv-13034-FDS to the proceeding. The nature of suit is stated as Contract Product Liability. Ford Motor Company -- http://www.ford.com/-- is an American multinational automobile manufacturer headquartered in Dearborn, Michigan.[BN] The Plaintiffs are represented by: Arthur Stock, Esq. BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Phone: (215) 875-5704 Email: astock@bm.net The Defendants are represented by: Katherine A. Wang, Esq. CAMPBELL CONROY & O'NEIL, P.C. 1205 Westlakes Drive, Suite 330 Berwyn, PA 19312 Phone: (610) 727-5012 Email: kwang@campbell-trial-lawyers.com FORD MOTOR: Butler Suit Transferred to D. Massachusetts ------------------------------------------------------- The case styled as Caitlin Butler, Shannon Hartman, Pablo Martinez, Amanda Simmons, Steve Joneson, individually and on behalf of all others similarly situated v. Ford Motor Company, Case No. 2:23-cv-08070 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Massachusetts on Dec. 8, 2023. The District Court Clerk assigned Case No. 1:23-cv-13031-FDS to the proceeding. The nature of suit is stated as Prop. Damage Prod. Liability. Ford Motor Company -- http://www.ford.com/-- is an American multinational automobile manufacturer headquartered in Dearborn, Michigan.[BN] The Plaintiffs are represented by: Leland Humphrey Belew, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Phone: (312) 224-8685 Fax: (865) 522-0049 Email: lbelew@milberg.com - and - Alex R. Straus, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 280 South Beverly Drive Penthouse Suite Beverly Hills, CA 90212 Phone: (865) 247-0080 Fax: (865) 522-0049 Email: astraus@milberg.com The Defendant is represented by: Robert Bosslet, Esq. KASOWITZ BENSON TORRES LLP 2029 Century Park East, Suite 2000 Los Angeles, CA 90067 Phone: (424) 288-7910 Fax: (424) 288-7901 Email: rbosslet@kasowitz.com FORD MOTOR: Haworth Suit Transferred to D. Massachusetts -------------------------------------------------------- The case styled as Todd Haworth, Julie Haworth, Kyle Johnson, Valerie Johnson, individually and on behalf of all others similarly situated v. Ford Motor Company, Case No. 2:23-cv-08070 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the District of Massachusetts on Dec. 8, 2023. The District Court Clerk assigned Case No. 1:23-cv-13033-FDS to the proceeding. The nature of suit is stated as Prop. Damage Prod. Liability for Motor Vehicle Product Liability. Ford Motor Company -- http://www.ford.com/-- is an American multinational automobile manufacturer headquartered in Dearborn, Michigan.[BN] The Plaintiffs are represented by: Randi Kassan, Esq. SANDERS PHILLIPS GROSSMAN LLC 100 Garden City Plaza Suite 500 Garden City, NY 11530 Phone: (516) 741-5600 Email: rkassan@thesandersfirm.com The Defendant is represented by: Andrew L Richardson, Esq. MCAFEE & TAFT-TULSA Two West 2nd St., Suite 1100 Williams Tower II Tulsa, OK 74103 Phone: (918) 587-0000 Fax: (918) 599-9317 Email: andrew.richardson@mcafeetaft.com GLOBAL ATLANTIC: Bernstein Suit Transferred to D. Massachusetts --------------------------------------------------------------- The case styled as Michael Bernstein, on behalf of himself and all others similarly situated v. The Global Atlantic Financial Group LLC, Case No. 1:23-cv-09868 was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the District of Massachusetts on Dec. 11, 2023. The District Court Clerk assigned Case No. 1:23-cv-09868-LGS to the proceeding. The nature of suit is stated as Other Fraud. Global Atlantic Financial Group Limited -- https://www.globalatlantic.com/ -- through its subsidiaries, offers a broad range of retirement, life and re-insurance products.[BN] The Defendant is represented by: Robyn Mara Feldstein, Esq. BAKER HOSTETLER 45 Rockefeller Plaza New York, NY 10111 Phone: (212) 589-4278 Email: rfeldstein@bakerlaw.com HIGHER EDUCATION LOAN AUTHORITY: Joy Files Suit in E.D. Missouri ---------------------------------------------------------------- A class action lawsuit has been filed against Higher Education Loan Authority of the State of Missouri. The case is styled as Jennifer Joy, Misty Thomas, on behalf of themselves and all others similarly situated v. Higher Education Loan Authority of the State of Missouri doing business as: MOHELA, Case No. 4:23-cv-01590-SRW (E.D. Mo., Dec. 11, 2023). The nature of suit is stated as Other Contract. The Higher Education Loan Authority of the State of Missouri, also known as the Missouri Higher Education Loan Authority or MOHELA -- http://www.mohela.com/-- is one of the largest holders and servicers of student loans in the United States.[BN] The Plaintiffs are represented by: Amy Collignon Gunn, Esq. THE SIMON LAW FIRM PC 800 Market Street, Suite 1700 St. Louis, MO 63101 Phone: (314) 241-2929 Fax: (314) 241-2029 Email: agunn@simonlawpc.com HIP HOP CLOSET: Hernandez Files ADA Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Hip Hop Closet, Inc. The case is styled as Timothy Hernandez, on behalf of himself and all others similarly situated v. Hip Hop Closet, Inc., Case No. 1:23-cv-09003 (E.D.N.Y., Dec. 7, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Hip Hop Closet -- https://hiphopcloset.com/ -- sell clothing and accessories for the culture..[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com HOMEAGLOW INC: Seneca Suit Removed to C.D. California ----------------------------------------------------- The case styled as Seth Seneca, Lisa Andoh, an individual, on behalf of themselves and all others similarly situated v. Homeaglow Inc. doing business as: Dazzling Cleaning, Does 1–100, inclusive, Case No. 2STCV27203 was removed from the Superior Court of California County of Los Angeles, to the U.S. District Court for the Central District of California on Dec. 7, 2023. The District Court Clerk assigned Case No. 8:23-cv-02308-CJC-ADS to the proceeding. The nature of suit is stated as Other Contract. Homeaglow -- https://www.homeaglow.com/ -- is the leading platform connecting households with home service professionals.[BN] The Plaintiffs are represented by: Shaun Andrew Markley, Esq. Craig M Nicholas, Esq. Patsy Jordan Belcastro, Esq. NICHOLAS AND TOMASEVIC, LLP 225 Broadway, 19th Floor San Diego, CA 92101 Phone: (619) 325-0492 Fax: (619) 325-0496 Email: smarkley@nicholaslaw.org cnicholas@nicholaslaw.org jbelcastro@nicholaslaw.org The Defendants are represented by: Jennifer Lynn Bryant, Esq. Munger Tolles and Olson LLP 350 South Grand Avenue 50th Floor Los Angeles, CA 90071 Phone: (213) 683-9100 Fax: (213) 687-3702 Email: jennifer.bryant@mto.com - and - Richard Thaddaeus Johnson, Esq. MUNGER TOLLES AND OLSON LLP 560 Mission Street 27th Floor San Francisco, CA 94105 Phone: (415) 512-4000 Fax: (415) 512-4077 Email: richard.johnson@mto.com I. MICHAEL RESALE: Melendez Files ADA Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against I. Michael Resale, Inc. The case is styled as Rhondine Melendez, on behalf of herself and all others similarly situated v. I. Michael Resale, Inc., Case No. 1:23-cv-09006 (E.D.N.Y., Dec. 7, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. I. Michael Resale, Inc. -- http://www.michaelsresale.com/-- is a Northwest Indiana & Chicagoland's best spot for on trend furniture and decor.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com IL BACCO RISTORANTE: Stroude Files ADA Suit in E.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Il Bacco Ristorante, Inc. The case is styled as Colette Stroude, on behalf of herself and all others similarly situated v. Il Bacco Ristorante, Inc., Case No. 1:23-cv-09004-RPK-MMH (E.D.N.Y., Dec. 7, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Il Bacco Ristorante -- https://www.ilbaccony.com/ -- is an Italian Restaurant, Catering, and Event space located in Little Neck, New York.[BN] The Plaintiff is represented by: PeterPaul Elhamy Shaker, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: pshaker@steinsakslegal.com IMMUNESCHEIN LLC: Karim Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Immuneschein, LLC. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Immuneschein, LLC, Case No. 1:23-cv-10689-JGLC (S.D.N.Y., Dec. 7, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. ImmuneSchein -- https://immune-schein.com/ -- offers the best ginger elixirs, wellness beverages, ginger shots, ginger drinks, loose leaf teas and herbal tonics.[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 JANCO FS 3 LLC: Garcia-Ortiz Files Suit in Cal. Super. Ct. ---------------------------------------------------------- A class action lawsuit has been filed against JANCO FS 3, LLC. The case is styled as Dulce Garcia-Ortiz, on behalf of himself and all others similarly situated, and on behalf of the general public v. Janco FS 3, LLC d/b/a Velociti Services, Does 1 Through 10, Inclusive, Case No. CGC23610930 (Cal. Super. Ct., San Francisco Cty., Dec. 7, 2023). The case type is stated as "Other Non-Exempt Complaints." Janco FS 3, LLC doing business as Velociti Services -- https://www.velocitiservices.com/ -- is a facility services company, specializing in commercial cleaning and janitorial.[BN] The Plaintiff is represented by: Roman Otkupman, Esq. OTKUPMAN LAW FIRM, ALC 28632 Roadside Dr, Ste 203 Agoura Hills, CA 91301-6015 Phone: (818) 293-5623 Fax: (888) 850-1310 Email: roman@OLFLA.com JET SET SPORTS: Caruso Appeals CFA Suit Dismissal to 3rd Circuit ---------------------------------------------------------------- SUZANNE CARUSO, et al. are taking an appeal from a court order dismissing their lawsuit captioned entitled Suzanne Caruso, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Jet Set Sports LLC, Defendant, Case No. 3-21-cv-09665, in the U.S. District Court for the District of New Jersey. As previously reported in the Class Action Reporter, the lawsuit alleges violation of the New Jersey Consumer Fraud Act (CFA) and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act. According to the complaint, Plaintiff Suzanne Caruso purchased tickets and accommodations for the Summer Olympics through CoSport, which is the sole entity authorized to sell tickets to the American public. Because of the Novel Coronavirus pandemic, the Summer Olympics in Tokyo were postponed from the summer of 2020 to the summer of 2021. However, the Japanese Olympic Committee recently announced that no international spectators will be allowed to attend. As a result, the Olympic tickets and accommodations purchased by the Plaintiff and the putative class through CoSport are worthless. They are of no value whatsoever, the suit says. On June 10, 2021, the Plaintiffs filed amended complaint against the Defendant. On July 28, 2021, the Defendant filed a motion to dismiss the amended complaint, which the Court granted through an Order entered by Judge Zahid N. Quraishi. The Court finds that the amended complaint fails to plausibly plead a claim for violation of the CFA. The case is hereby dismissed without prejudice. The appellate case is captioned Suzanne Caruso, et al. v. Jet Set Sports LLC, Case No. 23-3102, in the United States Court of Appeals for the Third Circuit, filed on December 6, 2023. [BN] Plaintiffs-Appellants SUZANNE CARUSO, et al., on behalf of themselves and all others similarly situated, are represented by: E. Michelle Drake, Esq. BERGER MONTAGUE 1229 Tyler Street, NE, Suite 205 Minneapolis, MN 55413 Telephone: (612) 594-5933 - and - Jacob M. Polakoff, Esq. BERGER MONTAGUE 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-5816 - and - Janet R. Varnell, Esq. Brian W. Warwick, Esq. VARNELL & WARWICK 1101 E. Cumberland Avenue, Suite 201H, #105 Tampa, FL 33602 Telephone: (352) 753-8600 Defendant-Appellee JET SET SPORTS LLC is represented by: Matthew A. Goldberg, Esq. DLA PIPER 1650 Market Street One Liberty Place, Suite 5000 Philadelphia, PA 19103 Telephone: (215) 656-3377 JOHNSON & JOHNSON: Audelo Suit Transferred to E.D. New York ----------------------------------------------------------- The case captioned as Steve Audelo, on behalf of themselves and all other similarly situated v. Johnson & Johnson Consumer Inc., The Procter & Gamble Company, Case No. 3:23-cv-24250 was transferred from the U.S. District Court for the Northern District of Florida, to the U.S. District Court for the Eastern District of New York on Dec. 11, 2023. The District Court Clerk assigned Case No. 1:23-cv-09059-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiffs are represented by: Bryan Frederick Aylstock, Esq. AYLSTOCK, WITKIN & SASSER, P.L.C. P.O. Box 1147 Gulf Breeze, FL 32562-1147 Phone: (850) 916-7450 Ext 36 Fax: (850) 916-7449 Email: baylstock@aws-law.com - and - R. Jason Richards, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 17 E. Main Street, Ste. 200 Pensacola, FL 32502 Phone: (850) 202-1010 Email: jrichards@awkolaw.com The Defendants are represented by: Brianna Elizabeth Donet, Esq. CARLTON FIELDS PA - MIAMI FL 700 Nw 1st Avenue, Suite 1200 Miami, FL 33136 Phone: (305) 530-0050 Email: bdonet@carltonfields.com JOHNSON & JOHNSON: Pack Suit Transferred to E.D. New York --------------------------------------------------------- The case styled as Kenneth Levi Pack, an individual, on behalf of himself and all others similarly situated; Min Ji Jung, an individual, on behalf of herself and all others similarly situated v. Johnson & Johnson Consumer Companies, Inc.; GlaxoSmithKline LLC; Reckitt Benckiser LLC; Bayer Healthcare LLC; Sanofi-Aventis U.S. LLC; The Procter & Gamble Company; Church & Dwight Co., Inc.; Walmart Inc.; Target Corporation; CVS Pharmacy, Inc.; Walgreen Co.; Albertsons Companies Inc.; Rite Aid Corporation; Amazon.com, Inc.; and DOES 1-20, Case No. 2:23-cv-01965 was transferred from the U.S. District Court for the Eastern District of California, to the U.S. District Court for the Eastern District of New York on Dec. 11, 2023. The District Court Clerk assigned Case No. 1:23-cv-09057-BMC to the proceeding. The nature of suit is stated as Fraud or Truth-In-Lending for Product Liability. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiffs are represented by: Andrew Daniel Bluth, Esq. Christopher Ross Rodriguez, Esq. SINGLETON SCHREIBER, LLP 1414 K Street, Ste. #470 Sacramento, CA 95814 Phone: (916) 248-8478 Email: abluth@singletonschreiber.com crodriguez@singletonschreiber.com The Defendants are represented by: Baldassare Vinti, Esq. Jeffrey H. Warshafsky, Esq. PROSKAUER ROSE LLP 11 Times Square NY, NY 10036 Phone: (212) 969-3249 Fax: (212) 969-2900 Email: bvinti@proskauer.com jwarshafsky@proskauer.com - and - Jennifer L. Roche, Esq. 2029 Century Park East, Ste. 2400 Los Angeles, CA 90067 Phone: (310) 557-2193 Fax: (310) 557-2900 Email: jroche@proskauer.com - and - Robert James Herrington, Esq. GREENBERG TRAURIG, LLP 1840 Century Park East, Ste. 1900 Los Angeles, CA 90067 Phone: (310) 586-7700 Fax: (310) 586-7800 Email: herringtonr@gtlaw.com - and - Robyn E. Bladow, Esq. KIRKLAND & ELLIS LLP 333 South Hope Street Los Angeles, CA 90071 Phone: (213) 680-8400 Fax: (213) 680-8500 Email: robyn.bladow@kirkland.com KRAFT HEINZ: Galbreth Suit Removed to N.D. California ----------------------------------------------------- The case captioned as Kamilah Galbreth, individually, and on behalf of all others similarly situated v. THE KRAFT HEINZ COMPANY, Case No. 2023-133272-CC-24 was removed from the Superior Court of California, County of Alameda, to the U.S. District Court for the Northern District of California on Dec. 8, 2023, and assigned Case No. 4:23-cv-06341-DMR. The Plaintiff alleges that Kraft Heinz mislabels its Kraft Mac & Cheese products with the statement "No Artificial Flavors, Preservatives, or Dyes." The Plaintiff alleges that this statement is false because Kraft Mac & Cheese contains citric acid, which Plaintiff characterizes as a "well known preservative used in food products." Based on that theory of mislabeling, Plaintiff asserts claims against Kraft Heinz for violations of the Consumers Legal Remedies Act and the Unfair Competition Law ("UCL"), as well as a claim for breach of express warranty.[BN] The Defendants are represented by: Alexander M. Smith, Esq. JENNER & BLOCK LLP 515 Flower Street Suite 3300 Los Angeles, CA 90071 Phone: (213) 239-5100 Facsimile: (213) 239-5199 Email: asmith@jenner.com - and - Dean N. Panos, Esq. JENNER & BLOCK LLP 353 North Clark Street Chicago, IL 60654 Phone: (312) 222-9350 Facsimile: (312) 527-0484 Email: dpanos@jenner.com LENNAR CORPORATION: Garcia Suit Removed to C.D. California ---------------------------------------------------------- The case captioned as Silvia Garcia, individually and on behalf of all others similarly situated v. LENNAR CORPORATION, a Delaware entity d/b/a WWW.LENNAR.COM, Case No. 23STCV26484 was removed from the Superior Court of the State of California for the County of Los Angeles, to the U.S. District Court for the Central District of California on Dec. 7, 2023, and assigned Case No. 2:23-cv-10298. The Complaint alleges one cause of action: violation of the California Invasion of Privacy Act in violation of Cal. Penal Code. The complaint seeks injunctive relief and declaratory judgment, as well as statutory damages and attorneys' fees.[BN] The Defendants are represented by: Jennifer M. Oliver, Esq. BUCHANAN INGERSOLL & ROONEY LLP One America Plaza 600 West Broadway, Suite 1100 San Diego, CA 92101 Phone: 619 239 8700 Fax: 619 702 3898 Email: jennifer.oliver@bipc.com LOVERBOY INC: Morgan Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed against Loverboy Inc. The case is styled as Paradise Morgan, individually and as the representative of a class of similarly situated persons v. Loverboy Inc., Case No. 1:23-cv-10664 (S.D.N.Y., Dec. 7, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Loverboy -- https://drinkloverboy.com/ -- is a gluten-free canned alcoholic beverage made from organic brewed tea.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com MADE'S TRUCKING: Portales Suit Removed to S.D. Florida ------------------------------------------------------ The case captioned as Narciso Alvarez Portales, and all others similarly situated v. MADE'S TRUCKING SERVICES CORP. and AISMEL PEREZ, Case No. 2023-133272-CC-24 was removed from the County Court of Miami-Dade County, Florida, to the U.S. District Court for the Southern District of Florida on Dec. 8, 2023, and assigned Case No. 1:23-cv-24651-XXXX. The Plaintiff's Amended Complaint where the Plaintiff specifically alleges violations of the Fair Labor Standards Act.[BN] The Defendants are represented by: Gerardo A. Vazquez, Esq. Ralph Longo IV, Esq. Safa Chowdhury, Esq. Steven Herzberg, Esq. VAZQUEZ & ASSOCIATES 1111 Brickell Avenue, Suite 1550 Miami, FL 33131 Phone: (305) 371.8064 Facsimile: (305) 371.4967 Email: gv@gvazquez.com rl@gvazquez.com sc@gvazquez.com sh@gvazquez.com MCGEE AIR SERVICES: Vargas Suit Removed to N.D. California ---------------------------------------------------------- The case captioned as Bobby Vargas, Coreen Silverie, Ana Ayala, Nancy Tapia, and on behalf of all other similarly situated persons v. MCGEE AIR SERVICES INC., AND DOES 1 THROUGH 1-25, Case No. 23-CV-418962 was removed from the Superior Court of California, County of Santa Clara, to the U.S. District Court for the Northern District of California on Dec. 7, 2023, and assigned Case No. 4:23-cv-06333-KAW. The Plaintiffs' Complaint asserts claims arising out of their employment with Defendant for: Failure to Pay Overtime Wages; Failure to Provide Meal Breaks; Waiting Time Penalties; Violation of California Labor Code; Failure to Provide Accurate Wage Statements; Failure to Reimburse Business Expenses; Violation of California Labor Code; Unlawful Business Practices; PAGA Violations; Civil Penalties Under Labor Code; and Statutory Prejudgment Interest.[BN] The Defendants are represented by: Paul S. Cowie, Esq. Patricia M. Jeng, Esq. John Ellis, Esq. Melissa Hughes, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4109 Phone: 415.434.9100 Facsimile: 415.434.3947 Email pcowie@sheppardmullin.com pjeng@sheppardmullin.com jellis@sheppardmullin.com mhughes@sheppardmullin.com MDL 3076: Garrison Case Consolidated in FTX Cryptocurrency Row -------------------------------------------------------------- In "In re: FTX Cryptocurrency Exchange Collapse Litigation," MDL No. 3076, Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation transfers the case captioned "Garrison, et al. v. Jaspreet Singh," C.A. No. 2:23−11764," (E.D. Mich.) to the Southern District of Florida and, with the consent of that court, assigned to Judge K. Michael Moore for coordinated or consolidated pretrial proceedings. Singh moved to vacate the order conditionally transferring the action to MDL No. 3076. Plaintiffs opposed Signh's motion and support transfer. This litigation arises from the collapse of the FTX cryptocurrency exchange in November 2022 and the subsequent bankruptcy of FTX Trading Ltd. and its U.S. affiliate FTX US. Plaintiffs are FTX customers and investors seeking to recover their losses. Defendants are individuals and entities that allegedly facilitated FTX's transactions. The actions undoubtedly involve several non-overlapping defendants and raise defendant-specific issues. But they all rest on the same core set of facts concerning the alleged fraud that led to FTX's collapse. The panel held that Singh undoubtedly shares factual questions with the actions in the MDL, and the transferee court is well-positioned to manage the pretrial proceedings. In opposition to transfer, defendant principally argues that common factual questions are insufficient to warrant transfer because the claims are based almost exclusively on his individual alleged promotion of yield-bearing accounts, which does not overlap with the conduct of any other promoter or other defendant. But assuming arguendo that is true, the resolution of the claims against defendant should be managed by the transferee court. Even if those claims are dismissed, transfer of Singh would be warranted based on common factual questions arising from the collapse of the FTX cryptocurrency exchange, specifically whether the promoter defendants sold FTX products with knowledge or willful blindness of the alleged FTX fraud and the nature of FTX's yield-bearing accounts, including whether they are securities. A full-text copy of the court's December 7, 2023 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3076-Transfer_Order-11-23.pdf MDL 3080: Louisiana v. Sanofi Consolidated in Insulin Pricing Row ----------------------------------------------------------------- In "In re: Insulin Pricing Litigation," MDL No. 3080, Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation transfers the case captioned "The State of Louisiana v. Sanofi−Aventis U.S. LLC, et al.," C.A. No. 3:23−00302 (M.D. La.) to the District of New Jersey and, with the consent of that court, assigned to Judge Brian R. Martinotti for coordinated or consolidated pretrial proceedings. The litigation concerns an alleged scheme between insulin manufacturers and pharmacy benefit managers (PBM) to artificially and fraudulently inflate the price of insulin and other diabetes medications. The principal players in the alleged scheme are insulin manufacturers Eli Lilly and Company, Novo Nordisk, Inc., and Sanofi-Aventis U.S., LLC, and three PBMs – CVS Caremark, Express Scripts, Optum Rx, and their various corporate affiliates. From 2017 to 2021, the litigation over these issues was concentrated largely in the District of New Jersey. In the last two years, federal civil actions involving the alleged insulin pricing scheme were filed by Arkansas, Illinois, Mississippi, Montana, and Kansas, as well as other state and local government plaintiffs, in a number of other districts. In opposition to transfer, the State of Louisiana argues that transfer of its action is expressly barred by the 2022 amendment to Section 1407(g), that is, the provision exempting state actions "arising under the antitrust laws" from Section 1407 transfer. The cornerstone of this argument is that the term "the antitrust laws" logically encompasses federal and state antitrust law, and thus, the State of Louisiana action, which asserts a claim under the Louisiana Monopolies Act, is exempt from transfer. The panel, however, has held that the assertion of different legal claims or additional facts is not significant where, as here, the actions arise from a common factual core, considering that the alleged conspiracy to fraudulently raise insulin prices is at the heart of all actions, the alleged factual and legal differences implicated by the involvement of distinct state laws and programs do not preclude centralization. A full-text copy of the court's December 6, 2023 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3080-Transfer_Order-11-23.pdf MDL 3085: Panel Denies Centralization Bid in Fraud Case ------------------------------------------------------- In the case captioned "In re: Bank of America Fraudulent Account Litigation," MDL No. 3085, the plaintiff in an action filed in the U.S. District Court for the Middle District of Tennessee filed a motion on September 13, 2023, to centralize this litigation in the same court. Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation denied the move. The litigation at that time consisted of seven actions, four pending in the Western District of North Carolina, two in the Northern District of Illinois, and one in the Middle District of Tennessee. Since the filing of the motion, three of those actions have been dismissed. The issue of centralization remains in dispute among the parties in two actions each in the Northern District of Illinois and the Western District of North Carolina. On the basis of the papers filed and the hearing session held, the panel concluded that centralization is not necessary for the convenience of the parties and witnesses or to further the just and efficient conduct of this litigation. On July 11, 2023, the Consumer Financial Protection Bureau filed a stipulated Consent Order, finding that Bank of America had engaged in improper account-opening conduct in violation of the Truth in Lending Act, the Fair Credit Reporting Act, and the Consumer Financial Protection Act. These putative nationwide class actions, filed shortly thereafter, share factual questions arising from allegations that Bank of America opened credit card or checking accounts for the plaintiffs without their knowledge or consent. There are, however, only six actions at issue (including the two potentially-related actions), which are pending in only two districts. This litigation has not grown since the motion for centralization was filed—indeed, three actions on the motion have been dismissed. Where only a minimal number of actions are involved, the proponent of centralization bears a heavier burden to demonstrate that centralization is appropriate, rules the panel. A full-text copy of the court's December 6, 2023 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3088-Order_Denying_Transfer-11-23.pdf MDL 3086: Panel Denies Centralization of Prisoners' Suit -------------------------------------------------------- In "In re: New York Department of Corrections and Community Supervision Medications with Abuse Potential Prisoner Litigation," MDL No. 3086, the plaintiffs moved to centralize this litigation, which involves the alleged wrongful denial or discontinuation of medications with abuse potential from incarcerated patients in New York prisons, in the Southern District of New York. Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation denied the move. This litigation currently consists of 53 actions pending in three adjoining districts. The three groups of defendants oppose centralization. The additional physician defendants alternatively suggest the Northern District of New York as the transferee forum. The actions contain common factual questions concerning allegations that various New York State Department of Corrections and Community Supervision employees and medical personnel denied or discontinued, without medical justification, various medications with an alleged abuse potential to incarcerated patient plaintiffs. According to the panel, centralization does not appear needed, since each case likely will turn on the unique circumstances of each patient (e.g., each patient's medical condition, treatment history, substance abuse history, administrative exhaustion efforts, etc.) and that the cases are at significantly different procedural postures, which weighs against centralization. This litigation over whether and why incarcerated patients, who suffered a variety of physical and mental conditions at numerous New York institutions, were not given a variety of medications does not involve a similarly narrow issue. There are unique circumstances here surrounding the denial or discontinuation of each medication to each plaintiff, the actions are at vastly different procedural postures and informal coordination among the involved counsel and courts remains a viable alternative to formal centralization. To the extent there is any possibility of duplicative discovery or inconsistent pretrial rulings, voluntary cooperation and coordination among the parties and the involved courts is a preferable alternative to centralization. Because common counsel brought all actions and defendants are represented by many of the same counsel, the parties should be able to agree on a plan for common discovery and motion practice that minimizes the risk of duplication. Moreover, cooperation among the three judges in the three adjacent districts may help the actions proceed on a common schedule, rules the panel. A full-text copy of the court's December 7, 2023 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3086-Order_Denying_Transfer-11-23.pdf MDL 3089: 12 Suits Transferred to Decongestant Product Litigation ----------------------------------------------------------------- In the case captioned "In re: Oral Phenylephrine Marketing and Sales Practices Litigation," MDL No. 3089, Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation transfers three actions from the U.S. Court for the Eastern District of Louisiana, two each from District of New Jersey and Eastern District of New York and one each from Eastern District of California, Middle District of Florida, Northern District of Florida and the Northern District of Illinois, all to the Eastern District of New York and, with the consent of that court, assigned to Judge Brian M. Cogan for coordinated or consolidated pretrial proceedings. The cases in this litigation primarily involve the claim that over-the-counter cough and cold medications containing phenylephrine as the active ingredient to provide decongestant relief do not work as advertised to relieve nasal congestion and are no more effective than a placebo. Plaintiffs seek to recover their alleged economic losses and injunctive relief on behalf of putative nationwide and statewide classes of affected consumers. Since the filing of the motion, the panel has been notified of 73 related actions. On the basis of the papers filed and the hearing session held, the panel finds that these actions involve common questions of fact, and that centralization in the Eastern District of New York will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The common factual questions include whether the science supports the allegation that oral phenylephrine is not effective to relieve nasal congestion, defendants' knowledge about the state of the science on the efficacy of oral phenylephrine and the measure of any damages. The actions also stem from the same regulatory proceedings, including the September 2023 determination by an advisory committee of the U.S. Food and Drug Administration that oral phenylephrine is not effective to relieve nasal congestion. Thus, the issues concerning the background science and regulatory history will be substantially the same in all actions. Furthermore, defendants state that they will assert the same preemption and primary jurisdiction defenses in all actions. Centralization will eliminate duplicative discovery, prevent inconsistent pretrial rulings and conserve the resources of the parties, their counsel, and the judiciary. A full-text copy of the court's December 6, 2023 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3089-Transfer_Order-11-23.pdf MDL 3089: 28 Suits Transferred to Future Motion Product Litigation ------------------------------------------------------------------ In "In re: Future Motion, Inc. Products Liability Litigation," MDL No. 3089, Judge Karen K. Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict Litigation transfers eleven actions from the U.S. Court for the Middle District of Florida, three from the Northern District of Illinois, two each from the Southern District of Florida, District of New Jersey, Middle District of Tennessee and one each from the District of Colorado, Northern District of Georgia, District of New Mexico, Western District of Oklahoma, District of South Carolina, Eastern District of Texas, Southern District of Texas and the Western District of Washington all to the Northern District of California and, with the consent of that court, assigned to Judge Beth Labson Freeman for coordinated or consolidated pretrial proceedings. These actions share factual questions arising from allegations that Future Motion's "Onewheel' electric skateboard is defective because it can unexpectedly stop or shut off, causing the front of the skateboard to "nosedive" into the ground and throw the rider off at speeds as high as 20 miles per hour. Most of the complaints contain substantially similar or identical factual allegations regarding Future Motion and the alleged defect in the Onewheel, differing only as to plaintiffs' alleged injuries. These actions likely will share common factual questions regarding the design, manufacture, and warnings for the Onewheel and that centralization in the Northern District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation, and will eliminate duplicative discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary. Moreover, these actions are likely to benefit from centralization, even if there could be some immediate delay as to pending motions. For instance, it appears that both plaintiffs and defendant are utilizing the same experts across actions, such that transfer will eliminate inconsistent rulings on evidentiary and dispositive motions. With respect to the actions in which discovery remains, centralization will allow for coordination and elimination of duplicative discovery and motion practice. A full-text copy of the court's December 8, 2023 order is available at https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3087-Transfer_Order-11-23.pdf MILES COLLEGE: Web Site Not Accessible to Blind Users, Bishop Says ------------------------------------------------------------------ CEDRIC BISHOP, individually and on behalf of all others similarly situated, Plaintiff v. MILES COLLEGE, INC., Defendant, Case No. 1:23-cv-10952-LJL (S.D.N.Y., Dec. 18, 2023) alleges violation of the Americans with Disabilities Act. The Plaintiff alleges in the complaint that the Defendant's Web site, https://www.miles.edu/, is not fully or equally accessible to blind and visually-impaired consumers, including the Plaintiff, in violation of the ADA. The Plaintiff seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's Web site will become and remain accessible to blind and visually-impaired consumers. MILES COLLEGE, INC.is a senior, private, liberal arts Historically Black College with roots in the Christian Methodist Episcopal Church. [BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 Email: Michael@Gottlieb.legal Jeffrey@gottlieb.legal Dana@Gottlieb.legal MINDGEEK USA: Appeals Class Cert. Ruling in Sex Trafficking Suit ---------------------------------------------------------------- MindGeek USA Incorporated, et al., filed an appeal from the District Court's November 17, 2023 Order entered in the lawsuit entitled JANE DOE, on behalf of herself and all others similarly situated, v. MINDGEEK USA INCORPORATED, MINDGEEK S.A.R.L., MG FREESITES, LTD, D/B/A PORNHUB, MG FREESITES II, LTD, MG CONTENT RT LIMITED, and 9219-1568 QUEBEC, INC. D/B/A MINDGEEK, Case No. 2:21-cv-04920-CJC-ADS, in the United States District Court for the Central District of California. MindGeek operates adult-content websites, including Pornhub, where third parties can upload videos. According to the Plaintiff, her high school ex-boyfriend made videos of them having sex when she was underage, and, over four years after they broke up, he uploaded the videos to various websites, including Pornhub. The Plaintiff brought this suit against the Defendants for sex trafficking in violation of 18 U.S.C. Sections 1591 and 1595, for receipt, transport, and possession of child pornography in violation of 18 U.S.C. Sections 2252, 2252A, and 2255, racketeering in violation of 18 U.S.C. Section 1962, and state statutory and common law violations. On November 17, 2023, the District Court certified a class that Plaintiff Jane Doe contends contains tens of thousands of individuals asserting claims for sex trafficking and receipt and distribution of child sexual abuse material based on videos third parties posted to MindGeek's adult-content websites. The Defendants timely filed this petition under Federal Rules of Civil Procedure 23(f). The appellate case is captioned as Doe v. MindGeek USA Incorporated, et al., Case No. 23-3909, in the United States Court of Appeals for the Ninth Circuit, filed on Dec. 1, 2023.[BN] Defendants and Petitioners MindGeek USA Incorporated; MindGeek S.a.r.l.; MG Freesites, Ltd.; MG Freesites II, Ltd.; MG Content RT Limited; and 9219-1568 Quebec, Inc., are represented by: Derek L. Shaffer, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 1300 I Street NW, Suite 900 Washington, DC 20005 Telephone: (202) 538-8000 - and - Michael T. Zeller, Esq. Michael E. Williams, Esq. Dylan C. Bonfigli, Esq. Julian Schoen, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 865 So. Figueroa Street, 10th Floor Los Angeles, CA 90017 Telephone: (213) 443-3000 NATERA INC: Copley Suit Removed to N.D. California -------------------------------------------------- The case captioned as Elizabeth Copley and Rachel Calcaterra, individually and on behalf of all others similarly situated v. NATERA, INC., Case No. 23-CIV-03095 (was removed from the Superior Court of California, County of San Mateo, to the U.S. District Court for the Northern District of California on Dec. 8, 2023, and assigned Case No. 3:23-cv-06342-JD. On November 8, 2023, the Plaintiffs filed an Amended Class Action Complaint ("FAC"). The Plaintiffs' FAC asserts five causes of action against Defendant for Violations of the California Unfair Competition Law, Violations of California Consumers Legal Remedies Act ("CLRA"), Breach of Implied Contract or Quasi-Contract, Violations of the Connecticut Unfair Trade Practices Act and Violations of the Florida Deceptive and Unfair Trade Practices.[BN] The Defendants are represented by: Daniel J. Herling, Esq. Geoffrey A. Friedman, Esq. Paige E. Adaskaveg, Esq. MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C. 44 Montgomery Street, 36th Floor San Francisco, CA 94104 Phone: 415-432-6000 Fax: 415-432-6001 Email: djherling@mintz.com gafriedman@mintz.com peadaskaveg@mintz.com - and - Arameh Z. O'Boyle, Esq. MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C. 2049 Century Park East, Suite 300 Los Angeles, CA 90067 Phone: 310-586-3200 Fax: 310-586-3202 Email: azoboyle@mintz.com - and - Adam M. Tschop, Esq. NATERA, INC. 201 Industrial Rd., Suite 300 San Carlos, CA 94070-2396 Phone: 650-980-9190 Email: atschop@natera.com NORDIC NATURALS: Yellin Sues Over False and Deceptive Labels ------------------------------------------------------------ Jason Yellin, individually and on behalf of all others similarly situated v. NORDIC NATURALS, INC., Case No. 7:23-cv-10681 (S.D.N.Y., Dec. 7, 2023), is brought against the Defendant's false and deceptive labels on their Nordic Naturals vitamin and dietary supplement products. In an effort to increase profits and to obtain an unfair advantage over its lawfully acting competitors, Defendant deceptively labels certain of its Nordic Naturals vitamin and dietary supplement products by misrepresenting the dosage amount of each capsule, tablet or gummy. Specifically, the front label and/or packaging of each Product prominently advertises the dosage amount, for example "500 mg Omega 3" ("Dosage Representation"), and the number of tablets, capsules, or gummies included in each Product, for example "60 Soft Gels" ("Unit Representation"). However, labeling the Products in this way misleads reasonable consumers into believing that each tablet, capsule, or gummy contains the advertised dosage, for example "60 Soft Gels" each containing "500 mg Omega 3" (hereinafter, "Dosage Per Unit Representation" and/or "Challenged Representations"). In actuality, to achieve the advertised dosage, consumers must ingest multiple tablets, capsules or gummies, because each one contains only a fraction of the advertised dosage. This causes consumers to grossly overpay for the Products since they are receiving half (and oftentimes less than half) of the advertised value but paying the entire purchase price. Therefore, the Challenged Representations are false and deceptive because they cause reasonable consumers to believe the Products contain two or more times the amount of vitamins, nutrients, or dietary supplements than they actually contain, says the complaint. The Plaintiff purchased the Products in this District, and Defendant has deliberately marketed, advertised, and sold the Products within this District. The Defendant is one of the owners, manufacturers, marketers, and/or distributors of the Products.[BN] The Plaintiff is represented by: Ryan J. Clarkson, Esq. Timothy K. Giordano, Esq. Katherine A. Bruce, Esq. Samuel M. Gagnon, Esq. CLARKSON LAW FIRM 22525 Pacific Coast Highway Malibu, CA 90265 Phone: (213) 788-4050 Fax: (213) 788-4070 Email: rclarkson@clarksonlawfirm.com kbruce@clarksonlawfirm.com kelling@clarksonlawfirm.com - and - Christopher D. Moon, Esq. Kevin O. Moon, Esq. MOON LAW, A.P.C. 228 Hamilton Ave., 3rd Fl. Palo Alto, CA 94301 Phone: (619) 915-9432 Email: chris@moonlawapc.com kevin@moonlawapc.com NORTH AMERICAN LIGHTING: Sued Over Unlawful Compensation Scheme --------------------------------------------------------------- Edward P. Wrench, on behalf of himself and all others similarly situated v. NORTH AMERICAN LIGHTING, INC., Case No. 2:23-cv-02282-CSB-EIL (C.D. Ill., Dec. 11, 2023), is brought challenging policies and practices of Defendant that violate the Fair Labor Standards Act ("FLSA"), the Illinois Minimum Wage Law ("IMWL"), and the Illinois Wage Payment and Collection Act ("IWPCA") as a result of the Defendants unlawful compensation scheme whereby it illegally and impermissibly rounded time clock punches in its favor. The Plaintiff and his similarly situated NAL coworkers are and were common victims of the Defendant's compensation scheme whereby it illegally and impermissibly rounded time clock punches in its favor only and in a manner that failed to pay the Plaintiff and all similarly situated coworkers for significant compensable work hours. the Defendant has created a compensation scheme through a series of computer software commands (time punch rounding commands) programmed into the Defendant's time clock software and payroll software, coupled with multiple company disciplinary rules regarding tardiness, time clock punches and clocking out early that ensure that the Defendant will always benefit from its time punch rounding scheme and guarantee that the Defendant will take an impermissible and unfair financial advantage over its employees by rounding in a non-neutral fashion that results in enormous sums of unpaid hourly wages owed to the Defendant's hourly paid employees on a cumulative basis. The Defendant does not pay its employees' hourly-paid wages based upon actual employee time worked and based upon the Defendant's own time punch records. Importantly, the Defendant does not record its non-exempt, hourly-paid employees' work time in any other way. The only time records the Defendant has to base its payment of wages are the time records generated by its electronic time clocks, says the complaint. The Plaintiff was employed by the Defendant. The Defendant manufactures and distributes automotive lighting systems.[BN] The Plaintiff is represented by: Robert P. Kondras, Jr., Esq. HASSLER KONDRAS MILLER LLP 100 Cherry St. Terre Haute, IN 47807 Phone: 812-232-9691 Facsimile: 812-234-2881 Email: kondras@hkmlawfirm.com NORTHWELL HEALTH: Heitzner Suit Removed to S.D. New York -------------------------------------------------------- The case styled as Ilise Heitzner, individually and on behalf of all others similarly situated v. Northwell Health, Inc., Case No. 161199/2023 was removed from the Supreme Court of the State of New York, County of New York, to the U.S. District Court for the Southern District of New York on Dec. 7, 2023. The District Court Clerk assigned Case No. 1:23-cv-10694-AT to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Northwell Health -- https://www.northwell.edu/ -- is a nonprofit integrated healthcare network that is New York State's largest healthcare provider and private employer, with more than 81,000 employees.[BN] The Plaintiff is represented by: Jeffrey Michael Norton, Esq. Benjamin David Baker, Esq. NEWMAN FERRARA LLP 1250 Broadway New York, NY 10001 Phone: (212) 619-5400 Fax: (212) 619-3090 Email: jnorton@nfllp.com bbaker@nfllp.com The Defendants are represented by: Christopher Paul Conniff, Esq. ROPES & GRAY LLP 1211 Avenue of the Americas New York, NY 10036 Phone: (212) 596-9000 Fax: (212) 596-9090 Email: Christopher.Conniff@ropesgray.com NORTHWELL HEALTH: Tudda Suit Removed to E.D. New York ----------------------------------------------------- The case styled as Andrea Tudda, individually and on behalf of all other similarly situated v. Northwell Health, Inc., Perry Johnson & Associates, Inc., Case No. 618932/2023 was removed from the Supreme Court State of New York, Nassau County, to the U.S. District Court for the Eastern District of New York on Dec. 7, 2023. The District Court Clerk assigned Case No. 2:23-cv-09011-LGD to the proceeding. The nature of suit is stated as Other P.I. Northwell Health -- http://www.northwell.edu/-- is a nonprofit integrated healthcare network that is New York State's largest healthcare provider and private employer.[BN] The Plaintiff is represented by: Mario Alba, Jr., Esq. Robert M. Rothman, Esq. Samuel H. Rudman, Esq. ROBBINS GELLER RUDMAN & DOWD, LLP 58 South Service Road, Suite 200 Melville, NY 11747 Phone: (631) 367-7100 Fax: (631) 367-1173 Email: malba@rgrdlaw.com rrothman@rgrdlaw.com srudman@rgrdlaw.com - and - Alexander Cohen, Esq. Lindsey H. Taylor, Esq. Stuart A. Davidson, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 225 NE Mizner Boulevard, Suite 720 Boca Raton, FL 33432 Phone: (561) 750-3000 Email: acohen@rgrdlaw.com ltaylor@rgrdlaw.com sdavidson@rgrdlaw.com The Defendants are represented by: Christopher Conniff, Esq. ROPES & GRAY LLP 1211 Avenue Of The Americas New York, NY 10036 Phone: (212) 596-9036 Fax: (646) 728-2922 Email: christopher.conniff@ropesgray.com NOW HEALTH GROUP: Stonehart Files ADA Suit in N.D. Illinois ----------------------------------------------------------- A class action lawsuit has been filed against Now Health Group, Inc. The case is styled as Phillip Stonehart, on behalf of himself and all others similarly situated v. Now Health Group, Inc., Case No. 1:23-cv-16604 (N.D. Ill., Dec. 8, 2023). The nature of suit is stated as Other Contract. Now Health Group, Inc. doing business as NOW Foods -- https://www.nowfoods.com/ -- manufactures and distributes food products.[BN] The Plaintiff is represented by: Sergei Lemberg, Esq. LEMBERG & ASSOCIATES, LLC 1100 Summer Street, 3rd Floor Stamford, CT 06905 Phone: (203) 653-2250 Fax: (888) 953-6237 Email: slemberg@lemberglaw.com NUZZIE BRAND: Reid Files ADA Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against Nuzzie Brand LLC. The case is styled as Nadreca Reid, individually and as the representative of a class of similarly situated persons v. Nuzzie Brand LLC, Case No. 1:23-cv-10665 (S.D.N.Y., Dec. 7, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Nuzzie -- https://nuzzie.com/ -- is a brand of weighted blankets that are breathable, thermoregulating, and environmentally friendly.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: shakedlawgroup@gmail.com NVIDIA CORPORATION: Shareholder Suit in California Court Ongoing ---------------------------------------------------------------- NVIDIA Corporation disclosed in its Form 10-Q report for the quarterly period ended September 30, 2023, filed with the Securities and Exchange Commission on November 20, 2023, that it is currently facing a putative securities class action lawsuit (4:18-cv-07669-HSG) initially filed on December 21, 2018 in the United States District Court for the Northern District of California, and titled "In Re NVIDIA Corporation Securities Litigation." An amended complaint was filed on May 13, 2020. The amended complaint asserted that NVIDIA and certain NVIDIA executives violated Section 10(b) of the Securities Exchange Act of 1934 by making materially false or misleading statements related to channel inventory and the impact of cryptocurrency mining on graphics processing unit demand between May 10, 2017 and November 14, 2018. Plaintiffs also alleged that the NVIDIA executives who they named as defendants violated Section 20(a) of the Exchange Act. Plaintiffs sought class certification, an award of unspecified compensatory damages, an award of reasonable costs and expenses, including attorneys' fees and expert fees, and further relief as the Court may deem just and proper. On March 2, 2021, the district court granted NVIDIA's motion to dismiss the complaint without leave to amend, entered judgment in favor of NVIDIA and closed the case. On March 30, 2021, plaintiffs filed an appeal from judgment in the United States Court of Appeals for the Ninth Circuit, case number 21-15604. On August 25, 2023, a majority of a three-judge Ninth Circuit panel affirmed in part and reversed in part the district court's dismissal of the case, with a third judge dissenting on the basis that the district court did not err in dismissing the case. On November 15, 2023, the Ninth Circuit denied NVIDIA's petition for rehearing en banc of the Ninth Circuit panel's majority decision to reverse in part the dismissal of the case, which NVIDIA had filed on October 10, 2023. NVIDIA is a full-stack computing company with data-center-scale offerings for "compute & networking" and graphics. PACIFIC OFFICE: Aranda Suit Removed to N.D. California ------------------------------------------------------ The case captioned as Charles M. Aranda, individually and on behalf of himself and all others similarly situated v. NIPPON EXPRESS USA, INC., a New York Corporation; and DOES 1-50, inclusive, Case No. 23CV040634 was removed from the Superior Court of the State of California for the County of Alameda, to the U.S. District Court for the Northern District of California on Dec. 11, 2023, and assigned Case No. 3:23-cv-06363. On November 27, 2023, the Plaintiff served on NIPPON a First Amended Complaint for Damages ("the FAC"). The FAC: materially changed the first cause of action for Civil Penalties Under Private Attorneys' General Act; and added causes of action for: Disability Discrimination in Violation of Government Code; Failure to Accommodate Disability in Violation of Government Code; Failure to Engage in the Interactive Process in Violation of Government Code; Retaliation in Violation of Government Code; and Wrongful Termination in Violation of Public Policy.[BN] The Defendants are represented by: Leigh A. White, Esq. CDF LABOR LAW LLP 18300 Von Karman Avenue, Suite 800 Irvine, CA 92612 Phone: (949) 622-1661 Email: lwhite@cdflaborlaw.com PACIFIC OFFICE: Canfield Suit Removed to S.D. California -------------------------------------------------------- The case captioned as Shawn Canfield, an individual, on behalf of himself and all other aggrieved employees v. PACIFIC OFFICE AUTOMATION, INC., an Oregon corporation; and DOES 1 through 25, inclusive, Case No. 37-2023-00041493-CU-OE-CTL (was removed from the Superior Court of the State of California for the County of Los Angeles, to the U.S. District Court for the Southern District of California on Dec. 8, 2023, and assigned Case No. 3:23-cv-02252-RBM-DDL. The Plaintiff seeks civil penalties under California's Private Attorneys General Act ("PAGA") for the alleged violation of 30 Labor Code provisions as well as the applicable IWC Wage Orders, and interest and attorneys' fees and costs. Specifically, Plaintiff alleges that Defendant's non-exempt California employees were not paid for all hours worked or travel time, were denied overtime pay, were not paid minimum wage, were denied compliant meal and rest periods, were not provided with regular paid sick leave or COVID-19 supplemental paid sick leave, received inaccurate wage statements, and were not paid all earned wages in a timely manner during employment and upon termination of employment.[BN] The Defendants are represented by: John P Lecrone, Esq. Vandana Kapur, Esq. Arielle J Spinner, Esq. DAVIS WRIGHT TREMAINE LLP 865 South Figueroa Street, 24th Floor Los Angeles, CA 90017-2566 Phone: (213) 633-6800 Fax: (213) 633-6899 Email: johnlecrone@dwt.com vandanakapur@dwt.com ariellespinner@dwt.com PROCTER & GAMBLE: Coppock Suit Transferred to E.D. New York ----------------------------------------------------------- The case styled as Kaycie Coppock, individually on behalf of themselves and all other similarly situated v. Procter & Gamble, Target Corporation, Procter & Gamble Company, Case No. 2:23-cv-05353 was transferred from the U.S. District Court for the Eastern District of Louisiana, to the U.S. District Court for the Eastern District of New York on Dec. 11, 2023. The District Court Clerk assigned Case No. 1:23-cv-09062-BMC to the proceeding. The nature of suit is stated as Contract Product Liability. The Procter & Gamble Company -- http://www.pginvestor.com/-- is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio.[BN] The Plaintiffs are represented by: Jennifer M. Hoekstra, Esq. R. Jason Richards, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ 17 E Main Street, Suite 200 Pensacola, FL 32502 Phone: (850) 202-1010 Fax: (850) 916-7449 Email: jhoekstra@awkolaw.com jrichards@awkolaw.com - and - Bryan Frederick Aylstock, Esq. AYLSTOCK, WITKIN & SASSER, P.L.C. P.O. Box 1147 Gulf Breeze, FL 32562-1147 Phone: (850) 916-7450 Ext 36 Fax: (850) 916-7449 Email: baylstock@aws-law.com The Defendants are represented by: Katherine A. Wang, Esq. CAMPBELL CONROY & O'NEIL, P.C. 1205 Westlakes Drive, Suite 330 Berwyn, PA 19312 Phone: (610) 727-5012 Email: kwang@campbell-trial-lawyers.com PROCTER & GAMBLE: Fichera Suit Transferred to E.D. New York ----------------------------------------------------------- The case captioned as Robert Fichera, Individually, and on behalf of others similarly situated v. Procter & Gamble Company, Associated Wholesale Grocers Inc., Valu Merchandisers Co., Case No. 3:23-cv-24250 was transferred from the U.S. District Court for the Eastern District of Louisiana, to the U.S. District Court for the Eastern District of New York on Dec. 11, 2023. The District Court Clerk assigned Case No. 1:23-cv-09061-BMC to the proceeding. The nature of suit is stated as Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. The Procter & Gamble Company -- https://ph.pg.com/ -- is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio.[BN] The Plaintiffs are represented by: Conlee Schell Whiteley, Esq. KANNER & WHITELEY, L.L.C. 701 Camp Street New Orleans, LA 70130 Phone: (504) 524-5777 Email: C.Whiteley@kanner-law.com - and - Andrew David Bizer, Esq. BIZER & DEREUS, LLC 3319 St. Claude Ave. New Orleans, LA 70117 Phone: (504) 619-9999 Fax: (504) 948-9996 Email: andrew@bizerlaw.com The Defendants are represented by: E. Paige Sensenbrenner, Esq. ADAMS & REESE, LLP (NEW ORLEANS) 701 Poydras St., Suite 4500 New Orleans, LA 70139 Phone: (504) 581-3234 Email: paige.sensenbrenner@arlaw.com PROCTER & GAMBLE: Juneau Suit Transferred to E.D. New York ---------------------------------------------------------- The case captioned as Natalie Juneau, individually, and on behalf of all others similarly situated v. Procter & Gamble Company, GSK Consumer Healthcare Inc., GlaxoSmithKline Consumer Healthcare Holdings (US) LLC improperly sued as GSK Consumer Healthcare, Inc., Case No. 2:23-cv-05273 was transferred from the U.S. District Court for the Eastern District of Louisiana, to the U.S. District Court for the Eastern District of New York on Dec. 11, 2023. The District Court Clerk assigned Case No. 1:23-cv-09060-BMC to the proceeding. The nature of suit is stated as Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. The Procter & Gamble Company -- https://ph.pg.com/ -- is an American multinational consumer goods corporation headquartered in Cincinnati, Ohio.[BN] The Plaintiffs are represented by: Conlee Schell Whiteley, Esq. KANNER & WHITELEY, L.L.C. 701 Camp Street New Orleans, LA 70130 Phone: (504) 524-5777 Email: C.Whiteley@kanner-law.com - and - Andrew David Bizer, Esq. BIZER & DEREUS, LLC 3319 St. Claude Ave. New Orleans, LA 70117 Phone: (504) 619-9999 Fax: (504) 948-9996 Email: andrew@bizerlaw.com The Defendants are represented by: Devin C. Reid, Esq. LISKOW & LEWIS (NEW ORLEANS) One Shell Square 701 Poydras St., Suite 5000 New Orleans, LA 70139-5099 Phone: (504) 581-7979 Email: dcreid@liskow.com UNIVERSITY OF OREGON: Female Athletes File Discrimination Case -------------------------------------------------------------- ASHLEY SCHROEDER, KENDALL CLARK, HALLI FIELDS, NATASHA GEORGE, JOSIE GRIFFITHS, JADE BERNAL, DAHLIA MCALLISTER, PRESLEY MCCASKILL, ABIGAIL PLEVIN, VALERIE PETERSON, ELLA TYUS, SIULOLOVAO FOLAU, ALEX LAITA, BATIA ROTSHTEIN, ZOE ALMANZA, BEATRICE WETTON, MIA LOPEZ, DELANEY HOPEN, CARLY WALLACE, SAVANNAH SIEGRIST, ANASTASIA LIMA, MADELYN LAFOLLETTE, ALEXANDRA HADEN, JOSIE COLE, ALAINA THOMAS, VIVIAN DONOVAN, ELISE HAVERLAND, RIVER RIBEIRO, SOPHIA SCHMITZ, SYDNEY WEDDLE, CLAIRE DALEY and ANNA MARIA KNIGHT, Individually and on behalf of all those similarly situated, Plaintiffs v. UNIVERSITY OF OREGON, Defendant, Case No. 6:23-cv-01806-AA (D. Ore., Dec. 1, 2023) is a sex discrimination class action against the University of Oregon for depriving its female student-athletes of equal treatment, equal athletic financial aid, and equal opportunities to participate in varsity athletics in violation of Title IX of the Education Amendments of 1972. The Plaintiffs seek to hold the Defendant accountable for discriminating against all of its female student-athletes and potential student-athletes, make Defendant pay damages to the women it has deprived and is depriving of equal treatment and equal athletic financial aid, and stop the Defendant from violating Title IX in the future. In particular, the women's beach volleyball team members aim to hold Oregon accountable for depriving them and all varsity female student-athletes of equal treatment and equal athletic financial aid in violation of Title IX. The women's club rowing team members seek to hold Oregon accountable for depriving them and all present and future female students at Oregon of equal opportunities to participate in varsity athletics, says the suit. University of Oregon is a public research university in Eugene, Oregon.[BN] The Plaintiffs are represented by: Jennifer J. Middleton, Esq. JOHNSON JOHNSON LUCAS & MIDDLETON PC 975 Oak Street, Suite 1050 Eugene, OR 97401 Telephone: (541) 484-2434 Facsimile: (541) 484-0882 E-mail: jmiddleton@justicelawyers.com - and - Arthur H. Bryant, Esq. BAILEY & GLASSER, LLP 1999 Harrison Street, Suite 660 Oakland, CA 94612 Telephone: (510) 272-8000 E-mail: abryant@baileyglasser.com - and - Lori Bullock, Esq. BAILEY & GLASSER, LLP 309 E. 5th Street, Suite 202B Des Moines, IA 50309 Telephone: (515) 416-9051 E-mail: lbullock@baileyglasser.com - and - Joshua I. Hammack, Esq. BAILEY & GLASSER, LLP 1055 Thomas Jefferson Street NW, Suite 540 Washington, DC 20007 Telephone: (202) 463-2101 E-mail: jhammack@baileyglasser.com Asbestos Litigation ASBESTOS UPDATE: Barretts Minerals Can't Stop Talc Suits -------------------------------------------------------- Alex Wittenberg of Law360 reports that a Texas bankruptcy judge declined to apply an injunction temporarily protecting Barretts Minerals units from talc-related lawsuits to a parent company that tested the talc for asbestos, after voicing concerns about the debtor's potential efforts to improperly protect parent entities that aren't part of the bankruptcy case. ASBESTOS UPDATE: Johnson & Johnson to Continue Bankruptcy Strategy ------------------------------------------------------------------ Brendan Pierson of Reuters reports that Johnson & Johnson's (JNJ.N) worldwide vice president for litigation recently said that the company has recently reached settlements with several law firms over their clients' claims that J&J talc products caused cancer. The settlements were reached "with a goal to facilitate our pursuit of a consensual prepackaged bankruptcy resolution," Erik Haas said on an investor call. It was not clear whether the deals have been finalized. J&J said in October that it was considering a new bankruptcy filing to resolve talc claims. Courts have rejected its two previous attempts to resolve talc litigation through bankruptcy, most recently a proposed $8.9 billion deal. Haas said the recent settlements covered cases involving plaintiffs with mesothelioma, a type of cancer linked to asbestos, but did not provide any details about the dollar amounts involved or say how many people they covered. He said the company had resolved all but one of the cases scheduled for trial in 2023, "significantly curtailed" trials in 2024 and did not require the company to record any new charges against earnings. Bloomberg reported earlier on Tuesday, Dec. 5, 2023, that J&J had reached settlements covering about 100 people. J&J faces more than 50,000 lawsuits over talc, most by women with ovarian cancer, with a minority of the cases involving people with mesothelioma. The company has said that its talc products are safe and do not contain asbestos. The lawsuits, which had mostly been on hold for about two years while J&J petitioned the bankruptcy court, have now been able to resume. Trials in the talc cases have had a mixed record, with major plaintiff wins including a $2.1 billion judgment in 2021 awarded to 22 women with ovarian cancer. A New Jersey appeals court in October threw out a $223.7 million verdict against the company, finding the testimony of the plaintiffs' expert witnesses unsound. The company stopped selling talc-based baby powder in favor of cornstarch-based products, citing an increase in lawsuits and "misinformation" about the talc product's safety. ASBESTOS UPDATE: Johnson Controls Has $121MM Asbestos Liabilities ----------------------------------------------------------------- Johnson Controls International plc has reported $121 million net asbestos-related liabilities at September 30, 2023, according to the Company's Form 10-K filing with the U.S. Securities and Exchange Commission. The Company and certain of its subsidiaries, along with numerous other third parties, are named as defendants in personal injury lawsuits based on alleged exposure to asbestos containing materials. These cases have typically involved product liability claims based primarily on allegations of manufacture, sale or distribution of industrial products that either contained asbestos or were used with asbestos containing components. The amounts recorded by the Company for asbestos-related liabilities and insurance-related assets are based on the Company's strategies for resolving its asbestos claims, currently available information, and a number of estimates and assumptions. Key variables and assumptions include the number and type of new claims that are filed each year, the average cost of resolution of claims, the identity of defendants, the resolution of coverage issues with insurance carriers, amount of insurance, and the solvency risk with respect to the Company's insurance carriers. Many of these factors are closely linked, such that a change in one variable or assumption may impact one or more of the others, and no single variable or assumption predominately influences the determination of the Company's asbestos-related liabilities and insurance-related assets. Furthermore, predictions with respect to these variables are subject to greater uncertainty in the later portion of the projection period. Other factors that may affect the Company's liability and cash payments for asbestos-related matters include uncertainties surrounding the litigation process from jurisdiction to jurisdiction and from case to case, reforms of state or federal tort legislation and the applicability of insurance policies among subsidiaries. As a result, actual liabilities or insurance recoveries could be significantly higher or lower than those recorded if assumptions used in the Company's calculations vary significantly from actual results. 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