/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.
A full-text copy of the Form 10-K is available at
http://surl.li/oqolt
*********
S U B S C R I P T I O N I N F O R M A T I O N
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