/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240109.mbx C L A S S A C T I O N R E P O R T E R Tuesday, January 9, 2024, Vol. 26, No. 7 Headlines 23ANDME HOLDING: Faces Bacus Class Suit Over Data Breach 23ANDME INC: Hu Sues Over Inadequate Data Security Measures ADEX MEDICAL: Cutchon Sues Over Illegal Practices of Trapping AKUMIN CORP: Baker Files Suit in S.D. Florida ALASKA AIRLINES: Dolan Sues Over Breached Duties ALEXANDRA URGUBY: Velazquez Files TCPA Suit in S.D. California AMERICOLD LOGISTICS: Sheffler Files Suit in M.D. Florida ASSOCIATED HOME CARE: Aubin Files Suit in Mass. Super. Ct. BAYSIDE MARIN INC: Mejia Files Suit in Cal. Super. Ct. BLOCK INC: Mora Sues Over Unfair Cash App Terms of Service CANADA: Faces Class Suit Over Discrimination of Indigenous People CBDMD INC: C.D. Cal. Stays Consumer Litigation Suit CIGNA GROUP: Snyder Files Suit in D. Connecticut CITRIX SYSTEMS: Hammond Files Suit in S.D. Florida CLEMENTINE BAKERY: Martinez Files ADA Suit in E.D. New York COLLINS FOODS: KFC Employees File Suit Over Unpaid Wages COMCAST CABLE: Keung Files Suit in E.D. Pennsylvania CYTODYN INC: Court OK's Payment of Attorney Fees in Schielke DOLLAR TREE: Garland Sues Over Failure to Safeguard PII ECOVIBE APPAREL: Mercedes Files ADA Suit in S.D. New York ELI LILLY: City of Roanoke Joins Class Suit Over Insulin Prices ESCAPOLOGY LLC: Crumwell Files ADA Suit in S.D. New York ESSENCE INFORMATION: Court Settles China's Securities Industry Suit GPB CAPITAL: Gentile Appeals Ruling in SEC Suit to 2nd Cir. GUILFORD PUBLICATIONS: Mercedes Files ADA Suit in S.D. New York HARRIMAN ARMY & NAVY: Suarez Files ADA Suit in S.D. New York HEWLETT PACKARD: Settlement in Securities Suit Gets Final Nod HILCORP ENERGY: AB's Seafood Suit Removed to E.D. Louisiana HUB GROUP TRUCKING: Hague Sues Over Unpaid Wages INLAND FRESH: Court Dismisses ESOP Class Action Suit INSPIRE MEDICAL: Misleads Investors, Class Action Suit Says JOHNSON & JOHNSON: Lawrence Suit Transferred to E.D. New York JOHNSON & JOHNSON: Nelson Fraud Suit Transferred to E.D.N.Y. JOHNSON & JOHNSON: Ward Suit Transferred to E.D. New York L3HARRIS TECHNOLOGIES: Agrees to Settle 401(k) Plan Suit for $13.5B LATTCO SERVICES: Molina Files Suit in Cal. Super. Ct. LEGOLAND NEW YORK: Demmerle Files Suit in E.D. New York LIVE VENTURES: Faces Sieggreen Securities Suit in Nevada Court LOOK BRANDS: DeSimone Sues Over Unlawful Convenience Fee MACS DESIGNS: Karim Files ADA Suit in S.D. New York MAIDEN HOLDINGS: Wins Summary Judgment Bid vs Wigglesworth MCDONALD'S CORP: Meyers Files False Ad Case Over Breakfast Meal MERCURY AIR CARGO: Saucedo Alleges California Labor Code Violations MID AMERICA PET FOOD: Filardi Sues Over Deceptive Marketing MY TRUE IMAGE: Gonzalez Files ADA Suit in S.D. New York NATIONAL ASSOCIATION: Umpa Sues Over Federal Antitrust Law Breaches NATIONSTAR MORTGAGE: Garrigo Files Suit in N.D. Texas NEW YORK, NY: 1600 Nelson Sues Over Unlawfully Taken Property NORTHWEST OUTLET: Wahab Files ADA Suit in S.D. New York ONCE UPON A BOOK: Wahab Files ADA Suit in S.D. New York ORBALLO STUDIO: Murillo Sues Over Unpaid Overtime Wages OSCAR INS: Bhasin Files Suit in Fla. Cir. Ct. POLISH ON PEARL: Lee Sues Over Nail Technicians' Unpaid Wages PRIME STRUCTURE: Hernandez Sues Over Unpaid Overtime Compensation QUAKER OATS: Herendeen Sues Over Unsafe Granola Products RB HEALTH: Page Product Liability Suit Transferred to E.D.N.Y. REVCORE RECOVERY: Norfleet Files Suit in S.D. Florida RIPPLE LABS: Kraken Bids to Intervene XRP Securities Class Suit ROBLOX CORPORATION: DCPF Suit Transferred to N.D. Cal. ROCKLAND CHIC BOUTIQUE: Gonzalez Files ADA Suit in S.D. New York RUBY AND JENNA: Karim Files ADA Suit in S.D. New York RXC ACQUISITION: Hernandez Suit Transferred to W.D. Pennsylvania SARATOGA COUNTY, NY: Steele Files Suit in N.D. New York SARATOGA COUNTY, NY: Sued Over Unconstitutional Foreclosure Law SHOE PALACE: Kim Sues Over Website's Inaccessibility SHOPIFY INC: 9th Circuit Affirms Dismissal of Data Privacy Suit SIX FLAGS: Faces Class Action Suit Over ADA Violations SIX FLAGS: I.L. Files ADA Suit in E.D. California SOBER COMPANIONS: Krichmar Files Suit in Fla. Cir. Ct. SOCK DRAWER INC: Karim Files ADA Suit in S.D. New York SOUTHWEST AIRLINES: Faces Medical History Requirement Class Suit STATE FARM: 5th Circuit Court Decertify Louisiana Driver Class Suit STUHRLING ORIGINAL: Suarez Files ADA Suit in S.D. New York SUGARED + BRONZED: Cohen Files Suit in Cal. Super. Ct. TAYLOR COUNTY SCHOOL BOARD: Bellamy Files Suit in N.D. Florida TUG HILL: Luna Suit Seeks to Recover Unpaid Overtime Wages WANABANA LLC: Bell Files Suit in S.D. Florida WM MIDDLE TENNESSEE: Martin Sues Over Unpaid Wages, Retaliation ZEROED-IN TECHNOLOGIES: Neeley Files Suit in M.D. Florida ********* 23ANDME HOLDING: Faces Bacus Class Suit Over Data Breach -------------------------------------------------------- Cook County Record reports that a class action lawsuit filed in Chicago has become one of the latest local class actions amid many cases nationwide accusing genetic screening company 23&Me of not doing enough to protect customer data amid a data breach. The company disclosed the breach to customers in October, according to the lawsuit filed in Cook County Circuit Court. "Hackers accessed profile information from its customers' accounts—including information on their DNA ancestry and relatives derived from genetic testing and other personal identifying information," the lawsuit states. The company suspects the hackers used a technique called "credential stuffing," the suit said. That involves "trying combinations of usernames or emails and corresponding passwords that are already public from other data breaches to break into users' accounts on a large scale and then harvesting data from those accounts," according to the suit. Credential stuffing is a well-known tactic used by hackers, the lawsuit states. "Thus, 23andMe had actual and/or constructive notice of the need to implement measures to protect against this type of attack," the suit says. "There are multiple, widely available processes and tools available to combat credential stuffing, and they are commonly known and widely employed in the cybersecurity industry. But 23andMe failed to implement adequate safeguards." The lawsuit seeks damages and attorney fees. The plaintiffs are represented in this case by attorneys Hassan A. Zavareei, Glenn E. Chappell, David W. Lawler and Leora N. Friedman, of Tycko & Zavareei LLP. [GN] 23ANDME INC: Hu Sues Over Inadequate Data Security Measures ----------------------------------------------------------- Alyson Hu, individually and on behalf of all others similarly situated v. 23ANDME, INC., Case No. 1:23-cv-17079 (N.D. Ill., Dec. 26, 2023), is brought for negligence and for violations of the Illinois Genetic Information Privacy Act ("GIPA") as a result of the Defendant's failure to implement adequate data security measures with regard to the Plaintiff's sensitive personally identifying information ("PII"). 23andMe uses direct-to-consumer genetic testing to create unique, personalized genetic reports on genetic ancestral origins, personal genetic health risks, chances of passing on carrier conditions, and pharmacogenetics. As a provider of genetic testing, 23andMe understood it had the duty and responsibility to protect patients' information that it collected, stored, and maintained, expressly advertising to potential customers that "at 23andMe, Privacy is in our DNA." Defendant failed to meet its duty and, as a direct result, the sensitive customer information with which it was entrusted was released, stolen, and offered for sale on the dark web. On October 6, 2023, in a blog post on its website, Defendant announced that unauthorized threat actors had accessed 23andMe.com accounts without authorization and compiled exfiltrated customers' information, including information derived from genetic testing (the "Data Breach"). The sensitive personally identifying information ("PII") released to the threat actors included millions of individuals' information derived from genetic testing, and including, inter alia, records identifying names, usernames, regional locations, profile photos, birth years, and data about individuals' ethnicities. In order to obtain Defendant's services, individuals must entrust 23andMe with sensitive, private information. Defendant requires this information in order to perform its regular business activities. Additionally, the reports generated by Defendant contain sensitive, private information derived from genetic testing. Since the Data Breach occurred, several news sources have reported that threat actors listed mass amounts of the stolen data for sale on the dark web. The Defendant has failed to address these reports, failed to inform victims when and how the Data Breach occurred, and has even failed to say whether the security threat is still a risk to its customers. As a result of Defendant's failure to implement adequate data security measures, Plaintiff and Class Members have suffered actual harm in the form of misuse of their PII and are subject to increased risk of harm due to the exposure and publishing of their PII on the dark web, including the certainly impending and increased risk of identity theft, says the complaint. The Plaintiff is a customer of 23andMe who received a notice from Defendant, informing her that her PII provided to Defendant had been compromised in the Data breach. 23andMe is a popular personal genomics and biotechnology company.[BN] The Plaintiff is represented by: Katrina Carroll, Esq. LYNCH CARPENTER, LLP 111 W. Washington St., Suite 1240 Chicago IL 60602 Phone: 312.750.1265 Email: katrina@lcllp.com - and - Jonathan M. Jagher, Esq. FREED KANNER LONDON & MILLEN LLC 923 Fayette Street Conshohocken, PA 19428 Phone: 610.234.6486 Email: jjagher@fklmlaw.com - and - Michael E. Moskovitz, Esq. Nia-Imara Barberousse Binns FREED KANNER LONDON & MILLEN LLC 100 Tri-State International, Suite 128 Lincolnshire, IL 60069 Phone: 224.632.4506 Email: mmoskovitz@fklmlaw.com ADEX MEDICAL: Cutchon Sues Over Illegal Practices of Trapping ------------------------------------------------------------- Alfredo Cutchon, Zoneth Coralde, and Garner Pajunar, individually and on behalf of all others similarly situated v. ADEX MEDICAL STAFFING, LLC, Case No. 1:23-cv-11165 (S.D.N.Y., Dec. 22, 2023), is brought under the Fair Labor Standards Act ("FLSA") seeking to end Defendant's illegal practices of trapping immigrant nurses in relatively low-paying jobs and to compensate victims through two categories of claims. Adex's business model involves trapping immigrant nurses in relatively low-paying jobs when compared with what U.S. nurses are earning. Further, Adex prohibits nurses from leaving their employment for years unless they pay tens of thousands of dollars in penalties, which it calls "termination fees" and "remainder fees." Adex follows through on its threats to require these payments from nurses by initiating legal action, including arbitration proceedings, against those who dare to leave. The Defendant profits from this scheme of placing immigrant nurses into positions that the nurses cannot freely leave. The Plaintiffs all wish to leave their jobs at Adex, for financial and personal reasons, but fear financial and legal ruin if they do so. The Defendant's threat of extraordinary financial penalties, and its requirement that these penalties be enforced through arbitration proceedings that could themselves result in further penalties (through the requirement that the losing party in arbitration pay arbitration costs and attorneys' fees), violates the Trafficking Victims Protection Act ("TVPA"), 18 U.S.C. § 1589, and contravenes the spirit of a competitive labor market, to the detriment of Defendant's workers and their competitors who play by the rules. These penalties are grossly disproportionate to any actual expenses that Defendants incurred solely for the employees' benefit. Rather, Defendant uses the money to pad its own profits. The Defendant threatens workers through the financial burden of arbitration, including seeking repayment of the costs of arbitration and Defendant's attorneys' fees, if workers leave their jobs before their contract periods are up without paying Defendant the penalty for leaving, or if they attempt to bring suit to enforce their rights. In other words, Defendant attempts to place the burden of doing business squarely on the backs of the nurses they profit from, in violation of the FLSA, says the complaint. The Plaintiffs are immigrant nurses originally from the Philippines who came to the United States on visas sponsored by Adex. Adex Medical Staffing, LLC is a labor recruiter that recruits, hires, and places foreign nurses and other healthcare workers to work in healthcare facilities in the United States.[BN] The Plaintiffs are represented by: Hugh Baran, Esq. Patricia Kakalec, Esq. KAKALEC LAW PLLC 80 Broad Street, Suite 703 New York, NY 10004 Phone: (212) 705-8730 Email: Hugh@KakalecLaw.com Patricia@KakalecLaw.com - and - Juno Turner, Esq. TOWARDS JUSTICE P.O. Box 371689, PMB 44465 Denver, CO 80237-5680 Phone: (720) 441-2236 Email: juno@towardsjustice.org AKUMIN CORP: Baker Files Suit in S.D. Florida --------------------------------------------- A class action lawsuit has been filed against Akumin Corp. The case is styled as Fred Baker, on behalf of himself and all others similarly situated v. Akumin Corp., Case No. 0:23-cv-62396-RLR (S.D.N.Y., Dec. 22, 2023). The nature of suit is stated as Other Contract. Akumin Corp. -- http://www.akumin.com/-- provides radiology and diagnostic imaging services.[BN] The Plaintiff is represented by: Jeffrey Miles Ostrow, Esq. KOPELOWITZ OSTROW PA 1 W. Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301-4216 Phone: (954) 525-4100 Fax: (954) 525-4300 Email: ostrow@kolawyers.com ALASKA AIRLINES: Dolan Sues Over Breached Duties ------------------------------------------------ Matthew Dolan, Theresa Stelter, Paul Stephen, individually and on behalf of all others similarly situated, and DOES 1-76 v. ALASKA AIRLINES, INC., a foreign profit corporation, and HORIZON AIR INDUSTRIES, INC., a Washington profit corporation; Case No. 23-2-21460-9 KNT (Super. Ct. Wash., King Cty., Nov. 2, 2023) is brought against the Defendants' actions and omissions and breached their duties to refrain from boarding the aircraft with malicious intent. Alaska Airlines' public statement about the incident is disappointingly self-serving. It reads, in part, "On Oct. 22, Alaska Airlines Flight 2059 operated by Horizon Air from Everett, WA (PAE) to San Francisco, CA (SFO) reported a credible security threat related to an off-duty Alaska Airlines pilot, identified as Captain Joseph Emerson, who was traveling in the flight deck jumpseat. Captain Emerson unsuccessfully attempted to disrupt the operation of the engines. The Horizon Captain and First Officer quickly responded, and the crew secured the aircraft without incident." However, the clever rhetoric attempts to soften the undeniable: An attempt to crash an airliner actually was not merely a "security threat"; an actual security breach occurred; Emerson attempted to kill everyone aboard. And the aircraft was not, in fact, secured "without incident." Rather, there was a struggle in the cockpit and later Emerson tried again to sabotage the airplane. As Alaska Airlines admits, "Our crew also confirmed that Emerson attempted to grab the handle of the emergency exit during the aircraft's descent before being stopped by a Flight Attendant." The statement goes on: "Upon exiting the flight deck, both Flight Attendants confirmed that Emerson was escorted by a Flight Attendant to the rear of the aircraft where Emerson was placed in wrist restraints and belted into the aft jumpseat. Our crew also confirmed that Emerson attempted to grab the handle of the emergency exit during the aircraft's descent before being stopped by a Flight Attendant." Clearly, in the airline's narrative, the only wrongdoer is Emerson. However, this is the defendant airlines' way of misdirecting attention not only from the fact that even while not assigned to fly but traveling in the cockpit's jumpseat, Emerson had responsibilities for aircraft safety that made him an agent of both airlines, but also from their own failures of their primary responsibility as common carriers to their passengers and crew; namely, their apparent failures to even question whether he was fit to fly shortly before he was allowed to occupy thethe cockpit for the duration of the flight. Had they done so, he more likely than not would have been denied admission and could not have been in position to nearly kill everyone aboard. The actions and omissions of the Defendants as described above breached their duties to refrain from boarding the aircraft with malicious intent or in any other state of mind that could lead to aircraft sabotage; to refrain from travel in the cockpit jumpseat while unqualified to act as a pilot if necessary and/or while in a dangerous state of mind; to report Emerson's lack of sleep, drug abuse, and mental health condition; to challenge his fitness to be in the cockpit; to educate and train their employees to prevent the foregoing breaches; and otherwise to keep their passengers safe; and were a proximate cause of Plaintiffs' injuries., says the complaint. The Plaintiffs were a passenger on October 22, 2023, Horizon Airlines Flight 2059. Horizon Airlines is a corporation organized and existing under the laws of the state of Washington and has been owned by Alaska Air Group, Inc. since 1986.[BN] The Plaintiff is represented by: Daniel R. Laurence, Esq. Furhad Sultani, Esq. STRITMATTER KESSLER KOEHLER MOORE 3600 15th Ave W, Ste. 300 Seattle, WA 98119 Phone: 206.448.1777 ALEXANDRA URGUBY: Velazquez Files TCPA Suit in S.D. California -------------------------------------------------------------- A class action lawsuit has been filed against Alexandra Urguby. The case is styled as Elizabeth Velazquez, individually and on behalf of all others similarly situated v. Alexandra Urguby, Case No. 1 3:23-cv-02334-LL-SBC (S.D. Cal., Dec. 26, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Alexandra is a Real Estate Agent at eXp Realty, LLC.[BN] The Plaintiff is represented by: Rachel E. Kaufman, Esq. KAUFMAN PA 237 South Dixie Highway. 4th Floor Coral Gables, FL 33133 Phone: (305) 469-5881 Email: rachel@kaufmanpa.com AMERICOLD LOGISTICS: Sheffler Files Suit in M.D. Florida -------------------------------------------------------- A class action lawsuit has been filed against Americold Logistics, LLC. The case is styled as Sean Sheffler, on behalf of himself and all others similarly situated v. Americold Logistics, LLC, Case No. 1:23-cv-05950-TWT (M.D. Fla., Dec. 23, 2023). The nature of suit is stated Other Contract for Breach of Fiduciary Duty. Americold Realty Trust, Inc. -- https://www.americold.com/ -- is an American temperature controlled warehousing and transportation company based in Atlanta, Georgia.[BN] The Plaintiff is represented by: Gregory John Bosseler, Esq. MORGAN & MORGAN, PLLC - ATL 191 Peachtree Street Northeast. Suite 4200 P.O. Box 57007 Atlanta, GA 30343 Phone: (404) 496-7318 Email: gbosseler@forthepeople.com - and - John A. Yanchunis, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 N. Franklin Street, Suite 700 Tampa, FL 33602 Phone: (813) 223-5505 Fax: (813) 222-2434 Email: jyanchunis@forthepeople.com - and - Ryan D. Maxey, Esq. MAXEY LAW FIRM, P.A. 107 N. 11th St. #402 Tampa, FL 33602 Phone: (813) 448-1125 Email: ryan@maxeyfirm.com ASSOCIATED HOME CARE: Aubin Files Suit in Mass. Super. Ct. ---------------------------------------------------------- A class action lawsuit has been filed against Associated Home Care, LLC. The case is styled as Katherine Newell Saint Aubin, on behalf of Herself and all others similarly situated v. Associated Home Care, LLC, Case No. 2377CV01040 (Mass. Super. Ct., Essex Cty., Nov. 2, 2023). The case type is stated as "Contract / Business Cases." Associated Home Care -- https://www.associatedhomecare.com/ -- provides high-quality in-home senior care for seniors in 100 communities in greater Boston, MA & Massachusetts areas.[BN] The Plaintiffs are represented by: Raymond Dinsmore, Esq. HAYBER, MCKENNA AND DINSMORE, LLC One Monarch Place Suite 1340 Springfield, MA 01144 BAYSIDE MARIN INC: Mejia Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Bayside Marin, Inc. The case is styled as Juan Tizol Mejia, individually, and on behalf of all others similarly situated v. Bayside Marin, Inc., Does 1 Through 10, Inclusive, Case No. CGC23611263 (Cal. Super. Ct., San Francisco Cty., Dec. 22, 2023). The case type is stated as "Other Non-Exempt Complaints." Bayside Marin -- https://www.baysidemarin.com/ -- offers high quality, comprehensive care to individuals seeking treatment for addiction and mental health issues.[BN] The Plaintiff is represented by: Kane Moon, Esq. MOON & YANG, APC 1055 W 7th St., Ste. 1880 Los Angeles, CA 90017-2529 Phone: 213-232-3128 Fax: 213-232-3125 Email: kane.moon@moonyanglaw.com BLOCK INC: Mora Sues Over Unfair Cash App Terms of Service ---------------------------------------------------------- GILBERT MORA, an individual; STACY DOZIER, an individual; DIANNA PEREZ, an individual; and ALAN STARZINSKI, an individual, on behalf of themselves and all others similarly situated, Plaintiffs V. BLOCK, INC., a Delaware corporation; and DOES 1 through 100, inclusive, Defendants, Case No. 23STCV30869 (Cal. Super., Los Angeles Cty., Dec. 19, 2023) is a class action brought for the benefit and protection of Plaintiffs, and all other similarly situated consumers who are residents of California and who visited or completed transactions using Defendants' financial platform, which includes mobile applications, websites, software, cloud-based solutions, and other products and services. In order to use and benefit from the Service, Service users are informed that they must agree to the Cash App Terms of Service. The Defendants assert that merely by accessing or using the Services, users agree to be bound by the Terms. The Defendants' conduct is unlawful, including among other reasons, because it is aimed to stifle California consumers' right to free speech, and the right of the California public to hear lawful discourse. The Defendants' strong-arm tactics to silence injured parties were and continue to be intentionally exercised to protect Defendants' self-promoting public image for commercial and other benefits. The Defendants' unlawful business practices, purposefully designed to maintain and increase their consumers and prop up their stock price, all while denying public, consumers, and potential consumers accurate information so that they may make informed decisions as consumers, says the suit. By way of this action, Plaintiffs, and all others similarly situated, seek damages, restitution, injunctive relief, public injunctive relief, and other relief necessitated by Defendants' unlawful and unfair actions in violation of California Civil Code section 1670.8 and California Business and Professions Code section 17200. The Plaintiffs on behalf of themselves and all others similarly situated seek an order permanently enjoining Defendants from engaging in these ongoing unlawful and unfair practices, and civil penalties and damages available under California law. Block, Inc. operates as a financial services and digital payments company.[BN] The Plaintiffs are represented by: Christopher R. Rodriguez, Esq. Andrew D. Bluth, Esq. John R. Ternieden, Esq. Trent J. Nelson, Esq. Yuqing "Emily" Min, Esq. SINGLETON SCHREIBER, LLP 1414 K Street, Suite 470 Sacramento, CA 95814 Telephone: (916) 248-8478 Facsimile: (619) 255-1515 - and - Thomas A. Leary, Esq. LAW OFFICE OF THOMAS LEARY, APC 3023 First A venue San Diego, CA 92103 Telephone: (619) 291-1900 CANADA: Faces Class Suit Over Discrimination of Indigenous People ----------------------------------------------------------------- Jacob Serebrin of Canadian News reports that a Quebec Superior Court judge has authorized a class-action lawsuit on behalf of Indigenous people who allege they received lower-quality education than other Quebecers at day schools where abuse was rampant. Thousands of First Nations and Inuit children were required by the provincial or federal government to attend the schools. "The plaintiffs assert that the day school system had a stated goal of cultural assimilation and that the children who attended them were victims of acculturation as well as, for many, psychological, physical and sexual abuse by teachers, administrators, other employees and other children at these schools," Justice Sylvain Lussier wrote in his Dec. 8 decision. The lawsuit includes all First Nations people who were required between 1951 and 2014 to attend day schools that were run by the Quebec government and its school boards in Indigenous communities for the federal government. It also includes all Inuit who were required to attend Quebec government-run schools in their communities between 1963 and 1978. Get the latest National news. Sent to your email, every day. Lussier said the plaintiffs allege the way the schools were run intentionally violated their rights to integrity, dignity and safety, as well to maintain and advance their cultural life with members of their community, as guaranteed by Quebec's Charter of Human Rights and Freedoms. Two representative plaintiffs, identified as J.J. and A. Je. in court documents, both allege they suffered abuse at the schools. A. Je., who attended an on-reserve school in Lac Simon, Que., which was run by a school board based in the nearby city of Val-d'Or, Que., on behalf of the federal government. In court documents, A. Je. described the climate at the school she attended between 1972, when she was four years old, and 1982 as "hellish" and "like a residential school inside the community." "While she attended the Lac Simon school, A. Je. suffered physical, psychological and sexual abuse at the hands of school employees. She also witnessed such about being inflicted on other students," according to a summary of the allegations in Lussier's decision. Non-Indigenous students who attended the school were not subject to the same violence and were allowed to physically attack Indigenous students, while Indigenous students were severely punished if they attacked a non-Indigenous student, according to the summary. In 2019, the federal government settled with survivors of federally-run schools for $1.47 billion, however that settlement didn't include provincially-run schools, such as those in Quebec. The class action is seeking at least $20,000 in damages for every person who was forced to attend the schools, as well as for their direct family members. It seeks additional damages for people who suffered specific abuse. [GN] CBDMD INC: C.D. Cal. Stays Consumer Litigation Suit --------------------------------------------------- cbdMD, Inc. disclosed in its Form 10-K report for the fiscal year ended September 30, 2023, filed with the Securities and Exchange Commission on October 11, 2023, that a purported collective and class action lawsuit in the United States District Court for the Central District of California has currently been stayed by the court. In December 2019, Cynthia Davis filed said case against cbdMD and certain of its competitors alleging violations of the California's Unfair Competition Law, California's False Advertising Law and California's Consumer Legal Remedies Act, as well as claims for Breach of Express Warranties, Breach of Implied Warranty of Merchantability and Declaratory Relief. On March 4, 2021 the court granted cbdMD's motion to stay the case until the FDA or Congress takes definitive action on the regulatory status of CBD and the case remains in this status as of this filing. cbdMD, Inc. owns and operates the nationally recognized CBD (cannabidiol) brands "cbdMD," "Paw CBD" and "hempMD." It sources cannabinoids, including CBD, which are extracted from non-GMO hemp grown on farms in the United States. In addition to its core brands, it also operates cbdMD Therapeutics, LLC. CIGNA GROUP: Snyder Files Suit in D. Connecticut ------------------------------------------------ A class action lawsuit has been filed against Cigna Group, et al. The case is styled as Amy Snyder, James Wingo, Staci Foster Whitney, on behalf of themselves and all others similarly situated v. Cigna Group, Cigna Health and Life Insurance Company, Cigna Health Management, Inc., Case No. 3:23-cv-01451-OAW (D. Conn., Nov. 2, 2023). The nature of suit is stated as Insurance for Insurance Contract. Cigna Group -- https://www.thecignagroup.com/ -- are a global health company, focused on improving the health and vitality of those we serve.[BN] The Plaintiffs are represented by: Joseph P. Guglielmo, Esq. SCOTT+SCOTT, ATTORNEYS AT LAW, LLP The Helmsley Building 230 Park Avenue, 17th Floor New York, NY 10169 Phone: (212) 223-6444 Fax: (212) 223-6334 Email: jguglielmo@scott-scott.com - and - Erin Green Comite, Esq. SCOTT & SCOTT LLP - CT 156 South Main Street P. O. Box 192 Colchester, CT 06415 Phone: (860) 537-5537 Fax: (869) 537-4432 Email: ecomite@scott-scott.com The Defendants are represented by: Kevin P. Daly, Esq. Theodore J. Tucci, Esq. ROBINSON & COLE, LLP-HTFD 280 Trumbull St. Hartford, CT 06103 Phone: (860) 275-8200 Fax: (860) 275-8299 Email: kdaly@rc.com ttucci@rc.com - and - Joshua B. Simon, Esq. Warren Haskel, Esq. MCDERMOTT WILL & EMERY LLP One Vanderbilt Avenue New York, NY 10017 Phone: (212) 547-5630 Email: jsimon@mwe.com whaskel@mwe.com CITRIX SYSTEMS: Hammond Files Suit in S.D. Florida -------------------------------------------------- A class action lawsuit has been filed against Citrix Systems, Inc., et al. The case is styled as Brittany Hammond, Tamia Charles, on behalf of themselves and all others similarly situated v. Citrix Systems, Inc., Comcast Cable Communications, LLC doing business as: Xfinity, Case No. 0:23-cv-62409-DMM (S.D. Fla., Dec. 26, 2023). The nature of suit is stated as Other P.I. for Personal Injury. Citrix Systems, Inc. -- http://www.citrix.com/-- is an American multinational cloud computing and virtualization technology company that provides server, application and desktop virtualization, networking, software as a service, and cloud computing technologies.[BN] The Plaintiffs are represented by: Jonathan Betten Cohen, Esq. GREG COLEMAN LAW PC 800 S. Gay Street, Suite 1100 Knoxville, TN 37929 Phone: (865) 247-0080 Fax: (865) 522-0049 Email: jcohen@milberg.com CLEMENTINE BAKERY: Martinez Files ADA Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Clementine Bakery, LLC. The case is styled as Silvia Martinez, on behalf of herself and all others similarly situated v. Clementine Bakery, LLC, Case No. 1:23-cv-09453 (E.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Clementine -- https://www.clementinebakery.com/ -- is a plant-based, community-rooted Brooklyn bakery, cafe, and grocer offering vegan pastries, custom cakes, to-go meals, and provisions.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com COLLINS FOODS: KFC Employees File Suit Over Unpaid Wages -------------------------------------------------------- Victoria Batchelor of Bloomberg Law reports that Gordon Legal filed a class action in the Federal Court of Australia on behalf of certain KFC employees, Collins Foods says in a statement to the ASX. Like the claim filed by Shine Lawyers, this competing claim also alleges that those employees weren't provided with paid 10-minute rest breaks pursuant to certain industrial instruments. The franchiser and 88 franchisee entities, five of which are part of the Collins Foods group, have been joined as respondents to the claim. This class action raises substantially the same claims as the Shine Lawyers class action. Collins Foods takes all its obligations. [GN] COMCAST CABLE: Keung Files Suit in E.D. Pennsylvania ---------------------------------------------------- A class action lawsuit has been filed against Comcast Cable Communications LLC, et al. The case is styled as Jacqueline Keung, on behalf of herself and all others similarly situated v. Comcast Cable Communications LLC, Citrix Systems, Inc., Case No. 2:23-cv-05110 (E.D. Pa., Dec. 22, 2023). The nature of suit is stated as Other Contract. Comcast Cable Communications, LLC, doing business as Xfinity -- http://www.xfinity.com/-- is an American telecommunications business segment and division of Comcast Corporation used to market consumer cable television, internet, telephone, and wireless services provided by the company.[BN] The Plaintiff is represented by: Anthony M. Christina, Esq. LOWEY DANNENBERG PC One Tower Bridge 100 Front Street, Suite 520 West Conshohocken, PA 19428 Phone: (215) 399-4770 Email: achristina@lowey.com CYTODYN INC: Court OK's Payment of Attorney Fees in Schielke ------------------------------------------------------------ Cytodyn Inc. disclosed in its Form 8-K report for December 19, 2023, filed with the Securities and Exchange Commission on December 22, 2023, that in December 2023, through arm's-length negotiations, plaintiffs and the company reached an agreement under which the company agreed to pay $59,500 in attorneys' fees and reimbursement of expenses to plaintiffs' counsel, inclusive of a $500 service award to the plaintiffs with regards to a purported class action lawsuit, captioned "Schielke, et al. v. CytoDyn Inc., et al.," C.A. No. 2021-0818-MTZ, filed against the company and its then-directors in the Court of Chancery of the State of Delaware on or about September 22, 2021. Plaintiffs alleged that a clause in the company's Amended and Restated Certificate of Incorporation, which provides that directors may be removed from office only with cause, is inconsistent with provisions of the Delaware General Corporate Law, which plaintiffs allege would permit removal with or without cause. On August 24, 2017, at the company's annual meeting of stockholders, the latter had the opportunity to vote on a proposal to amend the company's certificate of incorporation by deleting said clause. The stockholders did not approve the proposed amendment at that annual meeting. Thereafter, the plaintiffs filed the action, seeking a declaration that it is invalid and to enjoin the defendants from enforcing it, as well as a reasonable allowance of attorneys' fees and expenses. On January 7, 2022, the court entered an order providing that it is invalid, entering a final judgment, and retaining jurisdiction solely for the purpose of adjudicating plaintiffs' counsel's then-anticipated application for an award of attorneys' fees and reimbursement of expenses. Further, on April 11, 2022, the company filed a Form 10-Q with the U.S. Securities and Exchange Commission (SEC) and filed therewith a Certificate of Correction of the company's Certificate of Incorporation, dated April 7, 2022, which, in accordance with the court's January 7, 2022 Order, corrected the Charter by striking the clause. In December 2023, through arm's-length negotiations, plaintiffs and the company reached an agreement under which the company agreed to pay $59,500 in attorneys' fees and reimbursement of expenses to plaintiffs' counsel, inclusive of a $500 service award to the plaintiffs. The court has not expressed an opinion on the amount of fees and expenses. The foregoing disclosure was required to be made pursuant to the court order closing the case. Cytodyn Inc. is a clinical-stage biotechnology company based in Washington. DOLLAR TREE: Garland Sues Over Failure to Safeguard PII ------------------------------------------------------- Dominick Garland, individually and on behalf of all others similarly situated v. DOLLAR TREE, INC. d/b/a DOLLAR TREE and ZEROED-IN TECHNOLOGIES, LLC, Case No. 2:23-cv-01208-SPC-KCD (M.D. Fla., Dec. 22, 2023), is brought against Defendants for their failure to secure and safeguard the personally identifiable information ("PII") of thousands of individuals who are, or were, employees of Dollar Tree, Inc. Zeroed-In is a data technology company, headquartered in Fort Myers, Florida, that sells workforce analytical software to its clients, including Dollar Tree. The software uses artificial intelligence to "monetize HR's data science activities" so that its clients can "make accurate and timely HR decisions." Dollar Tree is required to provide and maintain reasonable and adequate security measures to secure, protect, and safeguard the PII of its current and former employees against unauthorized access and disclosure. The Plaintiff and Class Members entrusted Defendants with, and allowed Defendants to gather, highly sensitive information as part of employment. They did so in confidence, and they had the legitimate expectation that Defendants would respect their privacy and act appropriately, including only sharing their information with vendors and business associates who legitimately needed the information and were equipped to protect it through having adequate processes in place to safeguard it. The Defendant Dollar Tree required its employees to provide it with their sensitive PII and failed to protect it. Defendants had an obligation to secure Dollar Tree's employees' PII by implementing reasonable and appropriate data security safeguards. This was part of the bargain between Plaintiff and Class Members and Defendants. As a result of Defendants' failure to provide reasonable and adequate data security, Plaintiff's and the Class Members' unencrypted, non-redacted PII has been exposed to unauthorized third parties. Plaintiff and the Class are now at much higher risk of identity theft and cybercrimes of all kinds, especially considering the highly sensitive PII stolen here and the fact that the compromised PII is likely already being sold on the dark web. This risk constitutes a concrete injury suffered by Plaintiff and the Class, as they no longer have control over their PII, which PII is likely now in the hands of third-party cybercriminals. This substantial and imminent risk of identity theft has been recognized by numerous courts as a concrete injury sufficient to establish standing, says the complaint. The Plaintiff is a resident of Baltimore, Baltimore County, Maryland, whose Personal Information was compromised in the Data Breach. Dollar Tree is a discount variety store.[BN] The Plaintiff is represented by: Sharon J. Zinns, Esq. ZINNS LAW, LLC 4243 Dunwoody Club Drive, Suite 104 Atlanta, GA 30350 Phone: (404)882-9002 Email: sharon@zinnslaw.com - and - Maureen M. Brady, Esq. Lucy McShane, Esq. MCSHANE & BRADY, LLC 1656 Washington Street, Suite 120 Kansas City, MO 64108 Phone: (816) 888-8010 Facsimile: (816) 332-6295 Email: mbrady@mcshanebradylaw.com lmcshane@mcshanebradylaw.com - and - John A. Love, Esq. LOVE CONSUMER LAW 2500 Northwinds Parkway, Suite 330 Alpharetta, GA 30009 Phone: 404.855.3600 Fax: 404.301.2300 Email: tlove@loveconsumerlaw.com ECOVIBE APPAREL: Mercedes Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Ecovibe Apparel, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Ecovibe Apparel, Inc., Case No. 1:23-cv-11114 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. ECOVIBE -- https://ecovibestyle.com/ -- is a black-owned and family operated lifestyle brand based in Portland, Oregon offering a thoughtfully curated selection of home decor, houseplants, and gifts.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. Stein Saks, PLLC One University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com ELI LILLY: City of Roanoke Joins Class Suit Over Insulin Prices --------------------------------------------------------------- Odyssey Fields of WFXR News reports that the City of Roanoke and the Roanoke City School Board have joined a class action federal lawsuit against several pharmaceutical companies over an alleged "insulin pricing scheme." The city filed the suit in Federal Court on Dec. 18. Roanoke alleges more than 10 companies including Eli Lilly and Company, Sanofi-Aventis U.S. LLC., Express Scripts, Novo Nordisk, and CVS Health Corporation, have conspired to inflate prices. A statement from the Roanoke City Attorney's Office says, "The City of Roanoke has decided to participate in a class action lawsuit bringing claims under the federal Racketeer Influenced and Corrupt Organizations Act ("RICO"). The City has a larger than average number of employees suffering from diabetes. The City's outside legal counsel believes the City can demonstrate that the defendants artificially inflated prices in violation of the law. The City believes it can show that manufacturers and pharmacy benefit managers have artificially inflated the prices of nineteen insulin and insulin-analog diabetes medications far beyond their reasonable market value. The City is seeking to recover the unfair cost it has unfairly incurred in providing this necessary life-saving drug to its employees as well as such other damages and the City might be due under RICO." Court documents show that the price of insulin has skyrocketed in recent years. Documents contend a vial of insulin costs the manufacturer about $2 to produce, however, it sells for about $300 to $700. According to the Virginia Department of Health's diabetes data, more than 10% of Virginia's population suffers from diabetes. Natural Bridge Zoo findings revealed by investigators in Rockbridge County Court A Sanofi spokesperson told WFXR News that the company's prices have always complied with the law and they are committed to helping patients access the medicine they need a the lowest price possible. They gave the following statement: Following through on that commitment requires Sanofi to navigate a complex environment. Under the current system, fees and savings negotiated by health insurance companies and PBMs through rebates are not consistently passed through to patients in the form of lower co-pays or coinsurance. As a result, patients' out-of-pocket costs continue to rise while -- between 2012 and 2022 -- the average net price of our insulins declined by 58%. Sanofi believes that no one should struggle to pay for their insulin, regardless of their insurance status or income level, which is why we have a suite of innovative and patient-centric savings programs to help people reduce their prescription medicine costs." Henrico, Alexandria sue insulin manufacturers alleging they conspired to jack up prices A spokesperson with Novo Nordisk told WFXR that they believe the allegations are without merit. While we will not comment further about ongoing litigation, we recognize that not all patient situations are the same and we have a number of different insulin affordability offerings available through NovoCare. Importantly, we continually review and revise our offerings as well as work with diverse stakeholders to create solutions for differing patient needs." The company said it recently announced that it will be lowering the U.S. list prices of several insulin products by up to 75% for people with type 1 and type 2 diabetes. These changes will go into effect on Jan. 1, 2024. We also reached out to Eli Lilly and Company but it had no comment on the lawsuit. WFXR News will update this story as more information is released. [GN] ESCAPOLOGY LLC: Crumwell Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Escapology, LLC. The case is styled as Denise Crumwell, on behalf of herself and all other persons similarly situated v. Escapology, LLC, Case No. 1:23-cv-11109 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Escapology, LLC -- https://www.escapology.com/en/ -- is the world's largest and fastest growing escape room franchise with exclusive licensed titles like Batman, Scooby Doo, Star Trek, and more..[BN] The Plaintiff is represented by: Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: danalgottlieb@aol.com ESSENCE INFORMATION: Court Settles China's Securities Industry Suit ------------------------------------------------------------------- Huang Siyu of Yicai Global reports that a Shanghai court has settled the first class-action lawsuit of China's securities industry, which is also the first special representative litigation case with a company listed on the Shanghai Stock Exchange's Star Market as the main defendant. Essence Information Technology will pay each of the 7,195 investors participating in the class suit an average compensation of CNY38,900 (USD5,440), with the maximum amount being CNY5 million (USD699,370), the Shanghai court ruled on December 26, 2023. The total compensation amount exceeded CNY280 million (USD39.2 million). Essence, which went public in June 2020, received an administrative punishment on suspicion of fabricating operating data and fraudulent listing by the China Securities Regulatory Commission on April 21. On June 30, the Tianjin-based firm announced it would delist on July 7 under order of the Shanghai bourse. Twelve Essence investors sued the company, its actual controller, executives, and intermediate agencies on April 28, asking the court to require Essence to compensate them for losses of various types. In July, China Securities Small and Medium Investors Service Center won special authorizations from some of the investors and participated in the lawsuit as a representative. Ending the trial in the form of a settlement can effectively lower investors' costs to safeguard their rights, maximize the guarantee of investors' rights and interests from winning the litigation, give the defendants opportunities to make up for their mistakes, and reduce illegal events' negative impact on the capital market, especially the Star Market, said Li Xiaonie, the lawsuit's presiding judge and deputy head of the Shanghai Financial Court. The court opted for a settlement to push for the dispute's substantive resolution because the lawsuit's claim is relatively clear, and the listed firms' actual controller, executives, intermediate agencies, and people directly involved have the ability and willingness to compensate, Lin noted. [GN] GPB CAPITAL: Gentile Appeals Ruling in SEC Suit to 2nd Cir. ----------------------------------------------------------- DAVID GENTILE, et al. are taking an appeal from a court order adopting a report and recommendations (R&R) in the lawsuit captioned entitled Securities and Exchange Commission, Plaintiff, v. GPB Capital Holdings, LLC, et al., Defendants, Case No. 1:21-cv-00583-MKB-VMS, in the U.S. District Court for the Eastern District of New York. This case concerns an allegedly long-running and multi-faceted fraudulent scheme perpetrated by GPB Capital, a registered investment adviser; its owner and CEO, David Gentile; AAS, a registered broker-dealer, and its branch office, Ascendant Capital; Jeffry Schneider, the owner and CEO of Ascendant Capital; and Jeffrey Lash, a former managing partner of GPB Capital. The Defendants directly or indirectly, singly or in concert, violated and are otherwise liable for violations of the federal securities laws, asserts the lawsuit. On July 28, 2023, Magistrate Judge Vera M. Scanlon issued a Report and Recommendations recommending that the motion by Plaintiff Securities and Exchange Commission for Relief from the Amended Order Appointing a Monitor be denied as moot; and that the motion to Convert the Monitorship to a Receivership and for the Imposition of a Litigation Injunction be granted, subsequent to the clarification to be provided by Plaintiff, with Paragraph 18 of the Proposed Order modified to add, as a final sentence, the following: "Any person or entity may seek leave of this Court to proceed against the Receiver, in such capacity; the Retained Personnel, in such capacity; the Ordinary Course Professionals, in such capacity; the Receivership Estate; the Receivership Entities; and the Receivership Assets." On December 7, 2023, Chief Judge Margo K. Brodie entered an order adopting the Report and Recommendations granting the SEC's motion to convert the monitorship into a receivership and impose a litigation injunction; adopting the Amended Proposed Order; and denying a motion to show cause filed by David Gentile as moot. The appellate case is captioned Securities and Exchange Commission v. GPB Capital Holdings, LLC, Case No. 23-8035, in the United States Court of Appeals for the Second Circuit, filed on December 18, 2023. [BN] GUILFORD PUBLICATIONS: Mercedes Files ADA Suit in S.D. New York --------------------------------------------------------------- A class action lawsuit has been filed against Guilford Publications, Inc. The case is styled as Luis Mercedes, on behalf of himself and all others similarly situated v. Guilford Publications, Inc., Case No. 1:23-cv-11112 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Guilford Press or Guilford Publications, Inc. -- https://www.guilford.com/ -- is a New York City-based independent publisher founded in 1973 that specializes in publishing books and journals in psychology, psychiatry, the behavioral sciences, education, geography, and research methods.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com HARRIMAN ARMY & NAVY: Suarez Files ADA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Harriman Army & Navy Store, Inc. The case is styled as Alvin Suarez, on behalf of himself and all others similarly situated v. Harriman Army & Navy Store, Inc., Case No. 1:23-cv-11140 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Harriman Army & Navy Store, Inc. -- https://www.harrimanarmynavy.com/ -- is a longtime, family-owned site with police uniforms & equipment, plus premium footwear & survival gear.[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 HEWLETT PACKARD: Settlement in Securities Suit Gets Final Nod ------------------------------------------------------------- Hewlett Packard Enterprise Company (HPE) disclosed in its Form 10-K report for the fiscal year ended October 31, 2023, filed with the Securities and Exchange Commission on December 22, 2023, that on April 28, 2023, the Superior Court of California, County of Santa Clara granted plaintiffs' Motion for Final Approval of the Class Action Settlement and Certification of the Settlement Class. The court has scheduled a compliance hearing for February 8, 2024, to assess the distribution of a settlement fund to the class members and resolve any final issues. On November 8, 2018, a putative class action complaint was filed in said court alleging that HPE pays its California-based female employees "systemically lower compensation" than HPE pays male employees performing substantially similar work. The complaint alleges various California state law claims, including California's Equal Pay Act, Fair Employment and Housing Act, and Unfair Competition Law, and seeks certification of a California-only class of female employees employed in certain "covered positions." The parties subsequently reached an agreement to resolve this class action. The terms of the settlement are reflected in plaintiff's Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class, which was filed with the Court on September 26, 2022. On November 3, 2022, the court granted plaintiff's motion and preliminarily approved the terms of the class settlement, which defines the settlement class as all "women actively employed in California by Defendant at any point from November 1, 2015, through the date of Preliminary Approval" who were employed in a covered job code. The settlement class excludes certain individuals, including those who previously executed an arbitration agreement with HPE or an agreement that resulted in a release or waiver of claims. HPE is focused on developing intelligent solutions that allow customers to capture, analyze and act upon data seamlessly from edge to cloud and enables customers to accelerate business outcomes by driving new business models, creating new customer and employee experiences, and increasing operational efficiency today and into the future. HILCORP ENERGY: AB's Seafood Suit Removed to E.D. Louisiana ----------------------------------------------------------- The case styled as AB's Seafood, LLC, David Chauvin's Seafood Compnay, Dulac Oyster Co., Dardar Oysters, LLC, Faith Family Shrimp Co., Shrimp Kingdom Seafood, LLC, Terry Luke, Jr., Luke's Seafood, LLC, Benny J. Blanchard, Jason Cabanilla, Ricky Trahan, Otis Cantrelle, Jr., James G. Laughlin, Percy Dardar Sr LLC, Corina Corina Seafood LLC, individually and on behalf of others similarly situated v. Hilcorp Energy Company, Case No. 197242 Div Ewas removed from Terrebonne, to the U.S. District Court for the Eastern District of Louisiana on Nov. 2, 2023. The District Court Clerk assigned Case No. 2:23-cv-06653-ILRL-KWR to the proceeding. The nature of suit is stated as Other Personal Property for Property Damage. Hilcorp -- https://www.hilcorp.com/ -- is one of the largest, privately held exploration and production companies in the United States.[BN] The Plaintiff is represented by: Charles Clarence Bourque, Jr., Esq. Christopher John St. Martin, Esq. Joseph G. Jevic, III, Esq. ST. MARTIN & BOURQUE 315 Barrow St Houma, LA 70360 Phone: (985) 876-3891 Email: cbourque@stmblaw.com cstmartin@stmblaw.com jjevic@stmblaw.com - and - David Winston Ardoin, Esq. Matthew David Ory, Esq. AMO TRIAL LAWYERS, LLC 213-B East Bayou Road Thibodaux, LA 70301 Phone: (985) 446-3333 Fax: (985) 446-3300 Email: david@amotriallawyers.com matt@amotriallawyers.com - and - Ellen Daigle Doskey, Esq. TERREBONNE PARISH DISTRICT ATTORNEY'S OFFICE Courthouse Annex 7856 Main Street, Suite 220 Houma, LA 70360 Phone: (985) 873-6500 Email: ellendoskey@tpda.org - and - Gary Williams, Jr., Esq. Huntington B. Downer, Jr., Esq. Joseph Lee Waitz, III, Esq. Mary W. Riviere, Esq. WAITZ & DOWNER 423 Goode Street Houma, LA 70630 Phone: (985) 876-0870 Fax: (985) 876-0213 Email: willgary8@gmail.com hunt.downer@waitz-downer.com josephwaitziii@waitz-downer.com mriviere@waitz-downer.com - and - Joseph Lee Waitz, Jr., Esq. Joseph L. Waitz, Jr., Esq. P.O. Box 2454 Houma, LA 70361 Phone: (985) 876-0131 Fax: (985) 876-9732 Email: pdavis_1959@yahoo.com - and - Preston Lee Hayes, Esq. Ryan Paul Monsour, Esq. AMO TRIAL LAWYERS, LLC 3850 N. Causeway Blvd, Suite 590 Metairie, LA 70002 Phone: (504) 356-0110 Fax: (504) 356-0112 Email: plh@amotriallawyers.com rpm@amotriallawyers.com - and - William Stevens Bordelon, Esq. THE LAW OFFICES OF WILLIAM S. BORDELON 407 Roussell St. Houma, LA 70360 Phone: (985) 851-4241 Fax: (985) 851-4385 Email: billy@wsbordelon.com The Defendants are represented by: Craig Isenberg, Esq. Alexandra Leigh Gjertson, Esq. BARRASSO USDIN KUPPERMAN FREEMAN & SARVER LLC 909 Poydras Street, Suite 2350 New Orleans, LA 70112 Phone: (504) 589-9753 Fax: (504) 589-9701 Email: cisenberg@barrassousdin.com agjertson@barrassousdin.com - and - Charles A. Mouton, Esq. Jared L. Foti, Esq. MAHTOOK & LAFLEUR (LAFAYETTE) 600 Jefferson St., Suite 1000 P. O. Box 3089 Lafayette, LA 70502 Phone: (337) 266-2189 Email: cmouton@mandllaw.com jfoti@mandllaw.com - and - Michael A. Balascio, Esq. BARRASSO, USDIN, KUPPERMAN, FREEMAN & SARVER, LLC LL&E Tower 909 Poydras St., Suite 2350 New Orleans, LA 70112 Phone: (504) 589-9773 Email: mbalascio@barrassousdin.com HUB GROUP TRUCKING: Hague Sues Over Unpaid Wages ------------------------------------------------ Alex Hague, individually and on behalf of all others similarly situated v. HUB GROUP TRUCKING, INC., a Delaware Corporation; and DOES 1 through 50, inclusive, Case No. CIVSB2328153 (Cal. Super. Ct., San Bernardino, Nov. 2, 2023), is brought pursuant to the Applicable Industrial Welfare Commission Wage Orders, and Labor Codes seeking unpaid wages, penalties, equitable relief, and reasonable attorneys' fees and costs. The Plaintiff regularly worked shifts of 40 hours or more each week and was paid an hourly wage of $26.60. The Defendants' failure to maintain accurate timekeeping, failure to keep and maintain accurate, reliable payroll procedures, and/or failure to implement effective "downtime procedures" resulted in non-payment of overtime compensation, and/or non-payment of earned bonuses, and/or non-payment of holiday pay, and/or inaccurate itemized wage statements for Plaintiff and all proposed Class Members, says the complaint. The Plaintiff was employed by the Defendants as a non-exempt, hourly paid Company Driver. The Defendant is a Delaware corporation with employees throughout California.[BN] The Plaintiff is represented by: Robert A. Waller, Jr., Esq. Ryan Stygar, Esq. CENTURION TRIAL ATTORNEYS, APC 8880 Rio San Diego Dr., Ste. 800 San Diego, CA 92108 Phone: (888) 225-5792 Facsimile: (760) 753-3206 Email: robert@centurionta.com ryan@centurionta.com INLAND FRESH: Court Dismisses ESOP Class Action Suit ---------------------------------------------------- Sydney L. Juliano and Joseph E Clark of Proskauer Rose LLP of National Law Review report that the decision in Bolton v. Inland Fresh Seafood Corp. of America Inc., No. 22-cv-4602 (N.D. Ga. Dec. 5, 2023) should serve as a reminder to all ERISA practitioners that, if litigating in courts of the Eleventh Circuit, participants must exhaust a plan's claims procedures before commencing a lawsuit—regardless of the type of ERISA claim asserted. In this case, several former employees and participants in Inland Fresh Seafood Corporation of America, Inc.'s Employee Stock Ownership Plan ("ESOP") sued the company, its ESOP fiduciary committee, and others, alleging that they breached their fiduciary duties under ERISA and violated ERISA's prohibited transaction rules by causing the ESOP to purchase 100,000 shares of company stock from company board members for more than fair market value. The defendants moved to dismiss the complaint on the ground that the ESOP participants failed to exhaust the ESOP's administrative review requirements. The court granted the motion on the grounds that, in the Eleventh Circuit, plaintiffs must exhaust administrative remedies prior to filing a lawsuit seeking any claim for relief under ERISA. In so ruling, the court rejected plaintiffs' argument that exhaustion would be futile, and thus not required, given that the ESOP fiduciary committee was a self-interested entity whose interests were aligned with other defendants. The court explained, in relevant part, that the futility exception to the exhaustion requirement "protects participants who are denied meaningful access to administrative procedures, not those whose claims would be heard by an interested party." Furthermore, the court emphasized the role of the administrative process in reducing the number of frivolous ERISA disputes, minimizing the cost of resolving disputes, allowing fiduciaries to carry out their duties without premature judicial intervention, and allowing the fully considered outcome to aid a court should litigation follow. Proskauer's Perspective This decision reiterates the Eleventh Circuit's views on the role of the administrative process in weeding out frivolous claims and ensuring that a developed record can assist the court in subsequent litigation, including in more complex ERISA suits involving allegations of fiduciary breach and prohibited transactions. It also serves as a reminder that although ERISA is intended to create uniform rules governing employee benefits, there remain regional differences in how claims are litigated—differences that could very well influence a plaintiff's selection of a forum when commencing a lawsuit. Plan sponsors, fiduciaries and their counsel therefore should take care to evaluate laws of the particular jurisdiction in which a case is litigated, as they relate to any procedural (or other) defenses to litigation, including exhaustion. [GN] INSPIRE MEDICAL: Misleads Investors, Class Action Suit Says ----------------------------------------------------------- Ben Miller of Bloomberg Law reports that Inspire Medical Systems Inc. and two of its top executives allegedly concealed issues with prior authorization for insurance coverage of its implantable sleep apnea therapy device, a shareholder class action lawsuit says. The company allegedly misled investors for six months, failing to disclose that customers were encountering challenges with submitting for prior authorization and scheduling appointments, which led to a shortfall in hundreds of procedures to implant the device, according to the complaint filed Dec. 22 in US District Court for the District of Minnesota. Patients seeking to receive insurance coverage for Inspire's sleep apnea therapy are required to visit. [GN] JOHNSON & JOHNSON: Lawrence Suit Transferred to E.D. New York ------------------------------------------------------------- The case captioned as Kristin Lawrence, individually and on behalf of all others similarly situated v. Johnson & Johnson Health Care Systems, Inc., Case No. 3:23-cv-20551 was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Eastern District of New York on Dec. 22, 2023. The District Court Clerk assigned Case No. 1:23-cv-09299-BMC to the proceeding. The nature of suit is stated as Other Contract for Fraud. Johnson & Johnson (J&J) -- https://www.jnj.com/ -- is an American multinational, pharmaceutical, and medical technologies corporation.[BN] The Plaintiff is represented by: Philip Furia, Esq. The Sultzer Law Group, P.C. 85 Civic Plaza, Suite 200 Poughkeepsie, NY 12601 Phone: (201) 744-0064 Email: furiap@thesultzerlawgroup.com The Defendant is represented by: Jeffrey A.N. Kopczynski, Esq. O'MELVENY & MEYERS LLP 7 Times Square New York, NY 10036 Phone: (212) 326-2000 Email: jkopczynski@omm.com JOHNSON & JOHNSON: Nelson Fraud Suit Transferred to E.D.N.Y. ------------------------------------------------------------ The case styled as JORDAN NELSON and REGINA PERALTA, individually and on behalf of all others similarly situated, Plaintiffs v. KENVUE, INC., MCNEIL CONSUMER HEALTHCARE, JOHNSON & JOHNSON CONSUMER, INC., CVS PHARMACY, INC., HALEON US CAPITAL LLC, GSK PLC, ALBERTSONS COMPANIES, INC., TARGET CORPORATION, WALMART INC., and PERRIGO COMPANY PLC, Defendants, Case No. 4:23-cv-04875, was transferred from the United States District Court for the Northern District of California to the United States District Court for the Eastern District of New York on December 19, 2023. The Clerk of Court for the Eastern District of New York assigned Case No. 1:23-cv-09261-BMC to the proceeding. The Plaintiffs assert claims on behalf of themselves and similarly situated purchasers of Defendants' nasal decongestant products for violations of the California Consumers Legal Remedies Act, the Unfair Competition Law, the False Advertising Law, breach of implied warranty of merchantability, and unjust enrichment. Kenvue, Inc. is an American consumer health company.[BN] The Plaintiffs are represented by: Sarah N. Westcot, Esq. BURSOR & FISHER, P.A. 701 Brickell Ave., Suite 1420 Miami, FL 33131-2800 Telephone: (305) 330-5512 Facsimile: (305) 676-9006 E-mail: swestcot@bursor.com - and - L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com JOHNSON & JOHNSON: Ward Suit Transferred to E.D. New York --------------------------------------------------------- The case captioned as John Jeffrey Ward, Ruta Taito, Dr. Karen Schwartz, individually and on behalf of all others similarly situated v. Johnson & Johnson, Johnson & Johnson Consumer Inc., Kenvue Inc., McNeil Consumer Healthcare, Case No. 3:23-cv-20818 was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the Eastern District of New York on Dec. 22, 2023. The District Court Clerk assigned Case No. 1:23-cv-09302-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 Plaintiff is represented by: Katrina Carroll, Esq. LYNCH CARPENTER LLP 111 W. Washington, STE 1240 Chicago, IL 60602 Phone: (312) 750-1265 Email: katrina@lcllp.com The Defendant is represented by: Jeffrey A.N. Kopczynski, Esq. O'MELVENY & MEYERS LLP 7 Times Square New York, NY 10036 Phone: (212) 326-2000 Email: jkopczynski@omm.com L3HARRIS TECHNOLOGIES: Agrees to Settle 401(k) Plan Suit for $13.5B ------------------------------------------------------------------- Jacklyn Wille of Bloomberg Law reports that L3Harris Technologies Inc. plans to settle a class action by employees challenging how the defense and aerospace contractor manages its $13.5 billion 401(k) plan. The parties came to an agreement during a private mediation session and plan to file details of the deal for court approval by the end of January, they said in a Dec. 22 court filing. The development comes six months after Judge Paul Byron of the US District Court for the Middle District of Florida certified the case as a class action covering about 52,000 participants in the L3Harris plan who either paid recordkeeping fees. [GN] LATTCO SERVICES: Molina Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against Lattco Services Inc., et al. The case is styled as Ana Molina, on behalf of all similarly situated individuals v. NEC Corporation Of America, et al., Case No. 23CV010964 (Cal. Super. Ct., Sacramento Cty., Nov. 1, 2023). Lattco Services Inc. specialize with high quality of janitorial services with over 20 years of experience.[BN] LEGOLAND NEW YORK: Demmerle Files Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Legoland New York, LLC. The case is styled as Christopher Demmerle, Ronniery de la Cruz, individually and on behalf of all others similarly situated v. Legoland New York, LLC, Case No. 7:23-cv-11141 (S.D.N.Y., Dec. 22, 2023). The nature of suit is stated as Other Real Property. Legoland New York Resort -- https://www.legoland.com/new-york/ -- is a theme park in Goshen, New York owned by Merlin Entertainments.[BN] The Plaintiffs are represented by: Philip Lawrence Fraietta, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Phone: (646) 837-7150 Email: pfraietta@bursor.com LIVE VENTURES: Faces Sieggreen Securities Suit in Nevada Court --------------------------------------------------------------- Live Ventures Incorporated disclosed in its Form 10-K report for the fiscal year ended September 30, 2023, filed with the Securities and Exchange Commission on December 23, 2023, that it is currently facing a class action complaint for violation of federal securities laws in the United States District Court for the District of Nevada, naming the Company, Jon Isaac, the company's current President and Chief Executive Officer, and Virland Johnson, the company's former Chief Financial Officer, as defendants. It was filed on August 13, 2021 by Daniel E. Sieggreen, individually and on behalf of all others similarly situated claimants. Among other sought relief, the complaint seeks damages in connection with the purchases and sales of the company's securities between December 28, 2016 and August 3, 2021. As of December 17, 2021, the judge granted a stipulation to stay proceedings pending the resolutions of the motions to dismiss in the SEC Complaint. On February 1, 2023, the final motion to dismiss relating to the SEC Complaint was denied, which was subsequently noticed in the Sieggreen action on February 2, 2023. Plaintiff filed an Amended Complaint on March 6, 2023. On May 5, 2023, the company defendants filed a Motion to Dismiss the Amended Complaint, and the briefing on that motion is now complete. Live Ventures Incorporated is a diversified holding company with a strategic focus on value-oriented acquisitions of domestic middle-market companies. It looks for opportunities to partner with management to build increased stockholder value through a disciplined buy-build-hold, long-term focused strategy. LOOK BRANDS: DeSimone Sues Over Unlawful Convenience Fee -------------------------------------------------------- Michael DeSimone, individually and on behalf of all others similarly situated v. LOOK BRANDS, LLC, Case No. 7:23-cv-11144 (S.D.N.Y., Dec. 22, 2023), is brought seeking for actual and/or statutory damages, reasonable attorneys' costs and fees, and injunctive relief under New York Arts and Cultural Affairs Law as a result of the Defendant's ambushed "convenience fee." For over a year, Defendant has been nickel and diming movie goers on its website in violation of the New York State Arts and Cultural Affairs Law. Whenever a movie-goer selects a ticket on the website https://www.lookcinemas.com, they are quoted a fee-less price, only to be ambushed by a $1.95 "convenience fee" per ticket at checkout after clicking through the various screens required to make a purchase. This cheap trick has enabled Defendant to swindle substantial sums of money from its customers. To stop this hustle, New York passed Arts and Cultural Affairs Law which provides that "every operator of a place of entertainment shall disclose the total cost of the ticket, inclusive of all ancillary fees that must be paid in order to purchase the ticket." "Such disclosure of the total cost and fees shall be displayed in the ticket listing prior to the ticket being selected for purchase." And "the price of the ticket shall not increase during the purchase process." For these reasons, Plaintiff seeks for actual and/or statutory damages, reasonable attorneys' costs and fees, and injunctive relief under New York Arts and Cultural Affairs Law, says the complaint. The Plaintiff purchased a ticket to see a movie at a cinema in Dobbs Ferry, New York operated by the Defendant on March 5, 2023 through Defendant's website, https://www.lookcinemas.com. The Defendant operates brick and mortar cinemas throughout the United States, including several in the state of New York.[BN] The Plaintiffs are represented by: Philip L. Fraietta, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Phone: (646) 837-7150 Facsimile: (212) 989-9163 Email: pfraietta@bursor.com - and - Stefan Bogdanovich, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Facsimile: (925) 407-2700 Email: sbogdanovich@bursor.com MACS DESIGNS: Karim Files ADA Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Macs Designs, LLC. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Macs Designs, LLC, Case No. 1:23-cv-11146-JGK (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. MAC Design LLC -- https://macdllc.com/ -- pride themselves on delivering practical and responsive architectural design solutions that exceed our clients' expectations.[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 MAIDEN HOLDINGS: Wins Summary Judgment Bid vs Wigglesworth ---------------------------------------------------------- Maiden Holdings, Ltd. disclosed in its Form 8-K report for the fiscal year ended September 3, 2023, filed with the Securities and Exchange Commission on October 11, 2023, that on December 19, 2023, the U.S. District Court for the District of New Jersey granted summary judgment on plaintiffs' claim for securities fraud under Section 10(b) of the Securities Exchange Act to Maiden Holdings, Ltd. and individual defendants Arturo Raschbaum, Karen Schmitt, and John Marshalek, in the class action titled "Wigglesworth v. Maiden Holdings, Ltd." The court held that the factual record failed to support, as a matter of law, plaintiffs' allegations that the defendants had made false statements regarding the company's loss reserves. The court also dismissed plaintiffs' claims that the individual defendants were liable as control persons under Section 20(a) of the Securities Exchange Act for any such alleged false statements. Plaintiffs have 30 days to appeal if they choose. Maiden Holdings Ltd. is a Bermuda based holding company with insurance subsidiaries that provides specialty reinsurance products for the global property and casualty market. MCDONALD'S CORP: Meyers Files False Ad Case Over Breakfast Meal --------------------------------------------------------------- AMBER MEYERS, an individual; and ROES 1-50, on behalf of themselves and all others similarly situated, Plaintiff v. MCDONALD'S CORPORATION, a Delaware corporation; MCDONALD'S USA, LLC, a Delaware limited liability company; and DOES 1-10, Defendants, Case No. 5:23-cv-02589 (C.D. Cal., Dec. 19, 2023) is a class action brought by the Plaintiff, on behalf of herself and all others similarly situated, who purchased a breakfast combo meal with an orange juice based on alleged false and misleading advertisements by Defendants, in violation of various state consumer protection laws. According to the complaint, the Plaintiff frequently goes to McDonald's, and orders the two-Sausage Egg McMuffin meal, with an orange juice. Plaintiff Meyers never realized that she was charged for the orange juice, until recently learning about it. If she knew about the surcharge, she would not have purchased an orange juice every time she went to McDonald's. McDonald's deceptively misleads consumers by advertising breakfast combination meals to include an orange juice on its menu boards, at a cost that differs from the advertised price, adding a surcharge to customers who order an orange juice as a part of the breakfast meal, the suit contends. McDonald's Corporation is an American multinational fast food chain.[BN] The Plaintiff is represented by: Cameron Nazemi, Esq. CWN, INC., A PROFESSIONAL LAW CORPORATION 122 Waterford Circle Rancho Mirage, CA 92270 Telephone: (949) 677-5296 Facsimile: (760) 770-6810 E-mail: cwnfirm@gmail.com MERCURY AIR CARGO: Saucedo Alleges California Labor Code Violations ------------------------------------------------------------------- SERGIO SAUCEDO, as an individual and on behalf of all other aggrieved employees v. MERCURY AIR CARGO, LLC, a California limited liability company; and DOES 1 through 100, Defendants, Case No. 23STCV31703 (Cal. Super., Los Angeles Cty., December 27, 2023) alleges violations of the California Labor Code and seeks to recover civil penalties under the Private Attorneys General Act. The Plaintiff was employed by Defendants from approximately March 1996, through approximately September 2023. During his employment with Defendants, Plaintiff has held various positions, including as a "quality assurance" and/or "customer service representative" at Defendant's location at the LAX airport. Among other things, Plaintiff and other aggrieved employees were not provided with full 30-minute meal periods of net rest in an area appropriate for rest away from the workstation. Additionally, Defendants failed to provide him and other aggrieved employees with a second duty free full 30 minutes of "net rest" meal period for shifts of over 10 hours in violation of California law, says the Plaintiff. Mercury Air Cargo provides a range of transportation services of various airlines and freight forwarders. [BN] The Plaintiff is represented by: Paul K. Haines, Esq. Sean M. Blakely, Esq. Aden M. Khachadoorian, Esq. HAINES LAW GROUP, APC 2155 Campus Drive, Suite 180 El Segundo, CA 90245 Telephone: (424) 292-2350 Facsimile: (424) 292-2355 E-mail: phaines@haineslawgroup.com sblakely@haineslawgroup.com akhachadoorian@haineslawgroup.com MID AMERICA PET FOOD: Filardi Sues Over Deceptive Marketing ----------------------------------------------------------- James Filardi, individually and on behalf of all others similarly situated v. Mid America Pet Food LLC, Case No. 7:23-cv-11170 (S.D.N.Y., Dec. 22, 2023), is brought to remedy the deceptive and misleading business practices of the Defendant with respect to the manufacturing, marketing, and sale of Defendant's Pet Food products throughout the state of New York (hereinafter the "Products"). The Defendant has improperly, deceptively, and misleadingly labeled and marketed its Products to reasonable consumers, like Plaintiff, by omitting and not disclosing to consumers on its packaging that consumption of the Products may increase the risk of contracting Salmonella. The Products contain Salmonella, which could lead to serious and life-threatening adverse health consequences. The Defendant specifically lists the ingredients in the Products on the labeling; however, Defendant fails to disclose that the Products contain, or are at the risk of containing, Salmonella. Salmonella is recognized to be a dangerous substance. Salmonella can cause diarrhea, fever, abdominal cramping, chills, headache, and nausea/vomiting. Consumers like the Plaintiff trust manufacturers such as Defendant to sell products that are safe and free from harmful known substances, including Salmonella. The Plaintiff certainly expect that the pet food products they purchase will not contain, or risk containing, any knowingly harmful substances that cause disease including Salmonella. Unfortunately for consumers like Plaintiff, contrary to their reasonable expectations, the pet food Products they purchased contained Salmonella. In fact, Defendant recently conducted a Product recall on October 20, 2023 and then expanded the recall on November 9, 2023 (collectively as the "Recall"). The Defendant's advertising and marketing campaign is false, deceptive, and misleading because the Products do contain, or risk containing, Salmonella, which is dangerous to health and well-being or both the pets who consume the food and the humans who are handling the food. Nevertheless, Defendant does not list or mention Salmonella anywhere on the Products' packaging or labeling. The Plaintiff and Class Members relied on Defendant's misrepresentations and omissions of the safety of the Products and what is in the Products when they purchased them. As a result of the Products' contamination, purchasers of the Products, including Plaintiff, sustained additional damages through their pets' Salmonella infections and by being forced to care for pets that became ill, with many paying significant expenditures for medical care including, but not limited to, vet bills, hospital bills, and/or medicine. Further, because Defendant then stopped producing the Products, Plaintiff and Class Members were forced to find other pet food to feed to their pets and ended up paying more money to feed their pets. The sudden change in diet also raises the potential for health issues for their pets, says the complaint. The Plaintiff purchased the Products in New York. The Defendant manufactures, markets, advertises, and sells pet food products.[BN] The Plaintiff is represented by: Michael R. Reese, Esq. Sue J. Nam, Esq. Carlos F. Ramirez, Esq. REESE LLP 100 West 93rd Street, 16th Floor New York, NY 10025 Phone: (212) 643-500 Email: mreese@reesellp.com snam@reesellp.com cramirez@reesellp.com - and - Charles Moore, Esq. REESE LLP 100 South 5th Street, Suite 1900 Minneapolis, Minnesota 55402 Email: cmoore@reesellp.com - and - George V. Granade, Esq. REESE LLP 8484 Wilshire Boulevard, Suite 515 Los Angeles, California 90211 Phone: (310) 393-0070 Email: ggranade@reesellp.com - and - Jason P. Sultzer, Esq. Daniel Markowitz, Esq. THE SULTZER LAW GROUP P.C. 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Phone: (845) 483-7100 Email: sultzerj@thesultzerlawgroup.com markowitzd@thesultzerlawgroup.com - and - Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 6905 Telegraph Road, Suite 115 Bloomfield Hills, MI 48301 Phone: (313) 303-3472 Email: nsuciu@milberg.com - and - Trenton R. Kashima, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 401 West C St., Suite 1760 San Diego, California 92101 Phone: (714) 651-8845 Email: tkashima@milberg.com - and - Russell Busch, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 405 E 50th Street New York, New York 10022 Phone: (630) 796-0903 Email: rbusch@milberg.com MY TRUE IMAGE: Gonzalez Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against My True Image Manufacturing, Inc. The case is styled as Yanilza Gonzalez, on behalf of herself and all others similarly situated v. My True Image Manufacturing, Inc., Case No. 1:23-cv-11130 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. True Image Manufacturing, Inc. doing business as Design Veronique -- https://www.designveronique.com/ -- presents a unique line of Maternity and postpartum intimate clothing, designed to support a women's body as she transitions into motherhood.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com NATIONAL ASSOCIATION: Umpa Sues Over Federal Antitrust Law Breaches ------------------------------------------------------------------- DANIEL UMPA, on behalf of himself and all others similarly situated, Plaintiff v. THE NATIONAL ASSOCIATION OF REALTORS, HOMESERVICES OF AMERICA, INC., BHH AFFILIATES, LLC, HSF AFFILIATES, LLC, THE LONG & FOSTER COMPANIES, INC., KELLER WILLIAMS REALTY, INC., COMPASS, INC., EXP WORLD HOLDINGS, INC., EXP REALTY, LLC, REDFIN CORPORATION, WEICHERT REALTORS, UNITED REAL ESTATE, HANNA HOLDINGS, INC, DOUGLAS ELLIMAN, INC., DOUGLAS ELLIMAN REALTY, LLC, AT WORLD PROPERTIES, LLC, THE REAL BROKERAGE, INC., REAL BROKER, LLC, REALTY ONE GROUP, INC., HOMESMART INTERNATIONAL, LLC Defendants, Case No. 4:23-cv-00945-FJG (W.D. Mo., December 27, 2023) accuses the Defendants of violating the federal antitrust law. The Plaintiff brings this action against the National Association of Realtors and thirteen of the largest families of national real estate brokerages, brokerage owners, and franchisors in the United States for agreeing, combining and conspiring to impose, implement and enforce anticompetitive restraints that cause home sellers to pay inflated commissions on the sale of their homes. Headquartered in Chicago, IL, NAR has over 1.5 million individual members and is one of the largest lobbying groups in the country, advocating for the interests of real estate brokers. NAR oversees 54 state and territorial realtor associations and around 1,200 local realtor associations are members of, and overseen by, NAR. The Plaintiff is represented by: Benjamin D. Brown, Esq. Robert A. Braun, Esq. Brian E. Johnson, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave. NW, Fifth Floor Washington, DC 20005 Telephone: (202) 408-4600 E-mail: bbrown@cohenmilstein.com rbraun@cohenmilstein.com BEJohnson@cohenmilstein.com - and - Daniel Silverman, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 769 Centre Street Suite 207 Boston, MA 02130 Telephone: (617) 858-1990 E-mail: dsilverman@cohenmilstein.com - and - Steve W. Berman, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Second Avenue, Suite 2000 Seattle, WA 98101 Telephone: (206) 623-7292 E-mail: steve@hbsslaw.com - and - Rio S. Pierce, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 E-mail: riop@hbsslaw.com - and - Nathan Emmons, Esq. Jeannie Evans, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 455 North Cityfront Plaza Drive, Suite 2410 Chicago, IL 60611 Telephone: (708) 628-4949 E-mail: nathane@hbsslaw.com jeannie@hbsslaw.com - and - Marc M. Seltzer, Esq. Steven G. Sklaver, Esq. SUSMAN GODFREY L.L.P. 1900 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067 Telephone: (310) 789-3100 E-mail: mseltzer@susmangodfrey.com ssklaver@susmangodfrey.com - and - Beatrice C. Franklin, Esq. SUSMAN GODFREY L.L.P. 1301 Avenue of the Americas 32nd Floor New York, NY 10019 Telephone: (212) 336-8330 E-mail: bfranklin@susmangodfrey.com - and- Matthew R. Berry, Esq. Floyd G. Short, Esq. Alexander W. Aiken, Esq. SUSMAN GODFREY L.L.P. 401 Union St., Suite 3000 Seattle, WA 98101 Telephone: (206) 516-3880 E-mail: mberry@susmangodfrey.com fshort@susmangodfrey.com aaiken@susmangodfrey.com NATIONSTAR MORTGAGE: Garrigo Files Suit in N.D. Texas ----------------------------------------------------- A class action lawsuit has been filed against Nationstar Mortgage LLC. The case is styled as Jose Ignacio Garrigo, individually and on behalf of all others similarly situated v. Nationstar Mortgage LLC doing business as: Mr. Cooper, Case No. 3:23-cv-02842-L (N.D. Tex., Dec. 22, 2023). The nature of suit is stated as Other Contract for Breach of Contract. Nationstar Mortgage LLC, doing business as Mr. Cooper -- https://www.mrcooper.com/ -- offers mortgage services.[BN] The Plaintiff is represented by: Joe Kendall, Esq. KENDALL LAW GROUP, PLLC - DALLAS 3811 Turtle Creek Blvd., Suite 1450 Dallas, TX 75219 Phone: (214) 744-3000 Fax: (214) 744-3015 Email: jkendall@kendalllawgroup.com NEW YORK, NY: 1600 Nelson Sues Over Unlawfully Taken Property ------------------------------------------------------------- 1600 Nelson Avenue Housing Development Fund Corporation, individually and on behalf of those individuals and families entitled to homeownership and/or occupancy in its housing project developed pursuant to Article XI of the New York State Private Housing Finance Law; and each of ISABEL ADON, WALKIRIA COLON, RAFAEL COTTO, ERENIA FERMIN GUZMAN, LORANI GARCIA, JOSE GONZALEZ, JOSE JUNIOR GONZALEZ, MATILDE GONZALEZ, VIOLETA GUERRERO KENIA MINIER, YADIRA POLANCO, GILBERTO RIVERA, DINORA VELASQUEZ and DORIS VELASQUEZ, individually and on behalf of all other similarly-situated persons v. CITY OF NEW YORK, ADOLFO CARRION, Jr. (Commissioner of the New York City Department of Housing Preservation and Development), and PRESTON NIBLACK (Commissioner of the New York City Department of Finance), NEIGHBORHOOD RESTORE HOUSING DEVELOPMENT FUND CORPORATION, and BRONX PRO GROUP, LLC, Case No. 1:23-cv-09616 (S.D.N.Y., Nov. 1, 2023), is brought seeking to recover their homes and other private properties--i.e., their homestead, real, personal and other tangible and intangible private property appurtenant thereto and the value thereof (collectively "Plaintiffs' Properties" or the "properties") that were unlawfully taken by the City through seizures of said properties under a program that the City has described and advanced since 1996 as its Third Party Transfer Program (the "TPT Program"). The seizures of Plaintiffs' Properties under and for the TPT Program violated and continues to violate the Takings Clause of the Fifth Amendment (as made applicable to the states through the Fourteenth Amendment) thereof, the Equal Protection Clause ofthe Fourteenth Amendment (Section 1) thereof, the Due Process Clause of the Fourteenth Amendment (Section l) thereof, and the protections afforded provided private property owners thereunder against unconstitutionally excessive fines (under the Eighth Amendment thereof). In addition and at all relevant times, the law under which the City has been permitted to enforce said seizures and unlawful takings of private property, including Plaintiffs' Properties violated the 14th Amendment prohibition against the deprivation of property without due process of law, says the complaint. The Plaintiff HDFC is a cooperative corporation, for the purpose of housing improvement and long-term affordable homeownership for and families. Municipal Defendants are the City and its agents, including the Commissioner(s) of HPD and the Commissioner(s) of DOF, who have administered and operated the TPT Program by selecting and seizing numerous properties pursuant to The Local Law, or that or who otherwise contribute and participate in the scheme to take Plaintiffs' Properties without just compensation and otherwise illegally or unlawfully.[BN] The Plaintiff is represented by: Himmelstein McConnell, Esq. GRIBBEN & JOSEPH LLP 15 Maiden Lane — Suite 1700 New York, NY 10038-4003 Phone: 212.349.3000 NORTHWEST OUTLET: Wahab Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Northwest Outlet, Inc. The case is styled as Angela Wahab, on behalf of herself and all others similarly situated v. Northwest Outlet, Inc., Case No. 1:23-cv-11118 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Northwest Outlet -- https://www.northwestoutlet.com/ -- provides a full line of sporting goods - from fishing and hunting items, camping gear, footwear, clothing and outerwear.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com ONCE UPON A BOOK: Wahab Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Once Upon a Book Club, LLC. The case is styled as Angela Wahab, on behalf of herself and all others similarly situated v. Once Upon a Book Club, LLC, Case No. 1:23-cv-11120 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Once Upon a Book Club -- https://www.onceuponabookclub.com/ -- is a unique, interactive online community that offers a monthly subscription service where readers will receive a monthly box in the mail containing a newly released book to read for the month, along with 3-5 individually wrapped gifts.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC 1 University Plaza, Ste. 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: mrozenberg@steinsakslegal.com ORBALLO STUDIO: Murillo Sues Over Unpaid Overtime Wages ------------------------------------------------------- Ramon Murillo, Alex Gamio, Carlos Murillo, Nelson, Andino, and Angel Murillo, on behalf of themselves and all others similarly situated v. ORBALLO STUDIO, LLC f/k/a DESIGN E'TE, LLC, a Florida for profit Corporation, MARIBEL MUNIZ, an individual, and JOAO CARLOS ROCHA, an individual, Case No. 1:23-cv-24888-XXXX (S.D. Fla., Dec. 26, 2023), is brought under the Fair Labor Standards Act ("FLSA") for wage violations arising out of Defendants' intentional misclassification of their employees as Independent Contractors and unpaid overtime wages in violation of the FLSA. The Plaintiffs were never paid 1.5 times their hourly rate for the hours he worked, over 40 hours in a week. The Plaintiffs tracked their hours and would submit the hours worked to Defendants for payment. The Defendants were in absolute control of their schedule and activities. The Defendants knew the hours that Plaintiffs and other similarly situated individuals were working. Therefore, Defendants willfully failed to pay Plaintiffs overtime wages, at the rate of time and a half their regular rate, for every hour that he worked in excess of 40. As a result of Defendants, reckless disregard of the laws, Plaintiffs had to hire counsel to bring this lawsuit. The Plaintiffs seek to recover unpaid overtime wages for every hour worked over 40 during their employment, liquidated damages, and any other relief as allowable by law, says the complaint. The Plaintiffs worked for ORBALLO and were an employee of ORBALLO and misclassified as an independent contractor. ORBALLO, is a for profit limited liability company formed and organized under the laws of Florida.[BN] The Plaintiff is represented by: Suhaill M. Morales, Esq. SMM Law P.A. 5803 NW 151 Street, Suite 205 Miami Lakes, FL 33014 Phone: 305-518-7026 Email: Smorales@smmlawfirm.com OSCAR INS: Bhasin Files Suit in Fla. Cir. Ct. --------------------------------------------- A class action lawsuit has been filed against Oscar Ins. Co. of Fla. The case is styled as Nikhil Bhasin, individually and on behalf of all those similarly situated v. Oscar Ins. Co. of Fla., Case No. CACE23022882 (Fla. Cir. Ct., Broward Cty., Dec. 26, 2023). Oscar Insurance Company of Florida -- https://www.hioscar.com/ -- sells health insurance in 21 states and offers unique telehealth options.[BN] The Plaintiff is represented by: Zane C. Hedaya, Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Phone: 954-907-1136 Email: zane@jibraellaw.com POLISH ON PEARL: Lee Sues Over Nail Technicians' Unpaid Wages ------------------------------------------------------------- Elexis Lee, on behalf of herself and all other Plaintiffs similarly situated, known and unknown Plaintiff v. Polish on Pearl, Inc., a Colorado Corporation and Amanda Van't Hul, individually, Case No. 1:23-cv-03343 (D. Colo., Dec. 19, 2023) is a class action brought against the Defendants under the Fair Labor Standards Act, the Colorado Minimum and Pay Standards Order, the Colorado Wage Act, and the Denver Citywide Minimum Wage Ordinance due to alleged unlawful labor practices. The Plaintiff worked for POP as a nail technician from approximately March 2023 to December 2023. She asserts the Defendants' failure to pay minimum wages and overtime compensation and engagement in unlawful wage deductions. Polish on Pearl, Inc. is a Colorado corporation that owns and operates a beauty and nail salon by the same name.[BN] The Plaintiff is represented by: Samuel D. Engelson, Esq. BILLHORN LAW FIRM 53 W. Jackson Blvd., Suite 1137 Chicago, IL 60604 Telephone: (312)-853-1450 - and - John William Billhorn, Esq. BILLHORN LAW FIRM 7900 E. Union Ave., Suite 1100 Denver, CO 80237 Telephone: (720)-386-9006 PRIME STRUCTURE: Hernandez Sues Over Unpaid Overtime Compensation ----------------------------------------------------------------- Alejandro Rivera Hernandez, on behalf of himself and others similarly situated v. PRIME STRUCTURE, INC., PRIME STRUCTURE NY, INC., NYC BEST SQUAD CONSTRUCTION CORP, MARATHON BUILDERS, INC., BIG APPLE DESIGNERS NY LLC, GOLD EDGE CONTRACTORS INC., ISREAL STERN, and SUBCONTRACTORS 1-50, Case No. 1:23-cv-09487 (E.D.N.Y., Dec. 26, 2023), is brought pursuant to the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL") that he and others similarly situated are entitled to recover from Defendants: unpaid overtime premiums; unpaid wages, including overtime compensation, due to time-shaving, unpaid wages, including overtime compensation, due to an impermissible policy of rounding, liquidated damages, and attorneys' fees and costs. Throughout Plaintiff's employment, Defendants failed to properly compensate Plaintiff and similarly situated employees' proper overtime premiums for time worked in excess of 40 hours per week as clearly indicated on Plaintiff's pay stub. Both the FLSA and NYLL require that non-exempt employees are entitled to overtime premiums of time and a half of their regular hourly rate for all hours worked exceeding 40 hours during any particular week. Similarly, FLSA Collective Plaintiffs and Class members were also not paid overtime premiums, says the complaint. The Plaintiff was employed by Defendants as a laborer. PRIME STRUCTURE INC. is a domestic corporation organized under the laws of the state of New York.[BN] The Plaintiff is represented by: CK Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Phone: 212-465-1188 Fax: 212-465-1181 QUAKER OATS: Herendeen Sues Over Unsafe Granola Products -------------------------------------------------------- TERESA HERENDEEN, individually on behalf of herself, and on behalf of all others similarly situated, Plaintiff v. THE QUAKER OATS COMPANY, Defendant, Case No. 1:23-cv-17103 (N.D. Ill., December 27, 2023) arises from the Defendant's failure to ensure the quality and safety of its granola products leading to the recall of over 90 different formulations of Defendant's products due to bacterial contamination concerns. Plantiff Herendeen asserts claims against the Defendant's negligence, breach of express warranty, breach of implied warranty of merchantability, fraudulent misrepresentation, fraud by omission, and unjust enrichment. The Quaker Oats Company manufactures, markets, advertises, labels, and distributes granola products across the country and internationally. [BN] The Plaintiff is represented by: Roy T. Willey IV, Esq. Blake G. Abbott, Esq. Paul J. Doolittle, Esq POULIN I WILLEY ANASTOPOULO, LLC 32 Ann Street Charleston, SC 29403 Telephone: (803) 222-2222 E-mail: blake.abbott@poulinwilley.com paul.doolittle@poulinwilley.com RB HEALTH: Page Product Liability Suit Transferred to E.D.N.Y. -------------------------------------------------------------- The case styled Martha A. Page, on behalf of herself and all others similarly situated, Plaintiff v. RB HEALTH (US) LLC, KENVUE INC., MCNEIL CONSUMER HEALTHCARE, JOHNSON & JOHNSON CONSUMER, INC. Defendants, Case No. 2:23-cv-20962, was transferred from the United States District Court for the District of New Jersey to the United States District Court for the Eastern District of New York on December 19, 2023. The Clerk of Court for the Eastern District of New York assigned Case No. 1:23-cv-09290 to the proceeding. By this complaint, Plaintiff seeks to remedy harms on behalf of herself and all similarly situated individuals who purchased over-the-counter nasal decongestant products containing phenylephrine developed, marketed, distributed, sold and/or manufactured by Defendants. She asserts that Defendants' misrepresentations regarding the products are false, misleading, and likely to deceive the public. RB Health (US) LLC is a healthcare company based in Parsippany, New Jersey.[BN] The Plaintiff is represented by: James E. Cecchi, Esq. CARELLA, BYRNE, CECCHI, BRODY, & AGNELLO, P.C. 5 Becker Farm Road Roseland, NJ 07068 Telephone: (973) 994-1700 Facsimile: (973) 994-1744 E-mail: jcecchi@carellabyrne.com - and - Cari Campen Laufenberg, Esq. Derek W. Loeser, Esq. KELLER ROHRBACK LLP 1201 Third Avenue, Suite 3200 Seattle, WA 98101-3052 Telephone: (206) 623-1900 Facsimile: (206) 623-3384 E-mail: claufenberg@kellerrohrback.com dloeser@kellerrohrback.com REVCORE RECOVERY: Norfleet Files Suit in S.D. Florida ----------------------------------------------------- A class action lawsuit has been filed against RevCore Recovery Center Manhattan LLC, et al. The case is styled as Zoryha Norfleet, Lisa Abbas and Valerie Janowski, on behalf of themselves and all others similarly situated v. REVCORE RECOVERY CENTER MANHATTAN LLC, REVCORE RECOVERY CENTER OF QUEENS LLC, REVCORE NYCATS LLC, and REVCORE HOLDINGS LLC, Case No. 617754/2023 (N.Y. Sup. Ct., Nassau Cty., Nov. 1, 2023). The case type is stated as "Tort-Other." RevCore -- https://revcorerecovery.com/ -- offers personalized, comprehensive outpatient treatment, community-wide advocacy, and behavioral health education throughout the five boroughs of NYC.[BN] The Plaintiff is represented by: Troy L. Kessler, Esq. Tana Forrester, Esq. Garrett Kaske, Esq. KESSLER MATURA PC 534 Broadhollow Road, Suite 275 Melville, NY 11747 Phone: (631) 499-9100 RIPPLE LABS: Kraken Bids to Intervene XRP Securities Class Suit --------------------------------------------------------------- David Pimentel of Block Tribune reports that major U.S. cryptocurrency exchange Kraken has entered the ongoing legal dispute between Ripple and investors over the status of XRP. Kraken filed a motion to intervene in the case in order to protect the privacy of its customers' personal trading information. The class action lawsuit was brought by plaintiff Bradley Zakinov, who alleges that Ripple issued XRP as an unregistered security. However, Ripple argues that XRP should be classified as a currency like Bitcoin rather than a security. Despite Ripple's challenges, the case has continued as a class action certified by Judge Phyllis Hamilton. In July, Ripple scored a key victory when a court dismissed the SEC's claim that XRP is a security. The ruling established that XRP is not a security, setting an important precedent for digital token regulation in the US. However, the legal battle is still ongoing. Kraken's involvement adds a new dimension, as the exchange is fighting a court order that would require revealing customers' identities and XRP transaction records. Prioritizing user privacy over compliance, Kraken aims to safeguard sensitive client data through its motion to intervene. The case also has wider implications, as the ultimate classification of XRP could influence other cryptocurrencies. While Ripple denies any unlawful securities issuance, Kraken's participation highlights the exchange's commitment to privacy amid this pivotal debate around regulations for the crypto industry. All eyes are now on whether Judge Hamilton will agree with the earlier ruling that XRP is not a security. The outcome will impact both Ripple and the future of cryptocurrency in the US market. [GN] ROBLOX CORPORATION: DCPF Suit Transferred to N.D. Cal. ------------------------------------------------------ The case captioned as DeKalb County Pension Fund, individually and on behalf of all others similarly situated v. Roblox Corporation, David Baszucki, Michael Guthrie, Craig Donato, Eliza Jacobs, Case No. 1:23-cv-10347 was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the Eastern District of New York on Dec. 26, 2023. The District Court Clerk assigned Case No. 3:23-cv-06618-RS to the proceeding. The nature of suit is stated as Securities/Commodities for Securities Exchange Act. Roblox Corporation -- http://corp.roblox.com/-- is an American video game developer based in San Mateo, California.[BN] The Plaintiff is represented by: Francis Paul McConville, Esq. LABATON & SUCHAROW LLP (NYC) 140 Broadway, 34th Floor New York, NY 10005 Phone: (212) 907-0650 Fax: (212) 818-0477 Email: fmcconville@labaton.com The Defendants are represented by: Elena Hadjimichael, Esq. FRESHFIELDS BRUCKHAUS DERINGER US LLP 855 Main Street Redwood City, CA 94063 Phone: (650) 618-9250 Email: elena.hadjimichael@freshfields.com ROCKLAND CHIC BOUTIQUE: Gonzalez Files ADA Suit in S.D. New York ---------------------------------------------------------------- A class action lawsuit has been filed against Rockland Chic Boutique, Inc. The case is styled as Yanilza Gonzalez, on behalf of herself and all others similarly situated v. Rockland Chic Boutique, Inc., Case No. 1:23-cv-11132 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Rockland Chic Boutique, Inc. -- https://www.chicboutiqueny.com/ -- is one of the largest formal wear retailers.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com RUBY AND JENNA: Karim Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Ruby and Jenna, LLC. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. Ruby and Jenna, LLC, Case No. 1:23-cv-11148 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Ruby and Jenna, LLC -- https://www.rubyandjenna.com/ -- offers trendy, contemporary clothing for the young and young-minded.[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 RXC ACQUISITION: Hernandez Suit Transferred to W.D. Pennsylvania ---------------------------------------------------------------- The case captioned as Donna Hernandez, individually and on behalf of all similarly situated individuals v. RxC Acquisition Company, UNKNOWN PARTIES, Does 1- 10, Case No. 2:23-cv-00727 was transferred from the U.S. District Court for the Middle District of Florida, to the U.S. District Court for the Eastern District of New York on Dec. 22, 2023. The District Court Clerk assigned Case No. 2:23-cv-02154-RJC to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act for Denial of Overtime Compensation. RXC Acquisition Company was founded in 2018. The company's line of business includes providing business consulting services on a contract and fee basis.[BN] The Plaintiff is represented by: Jacob R Rusch, Esq. Zackary S Kaylor, Esq. Timothy J. Becker, Esq. JOHNSON BECKER PLLC 444 Cedar St., Ste. 1800 St. Paul, MN 55101 Phone: (612) 436-1800 Fax: (612) 436-1801 Email: jrusch@johnsonbecker.com tbecker@johnsonbecker.com - and - Richard Phillip Traulsen BEGAM MARKS & TRAULSEN PA 11201 N Tatum Blvd., Ste. 110 Phoenix, AZ 85028 Phone: (602) 254-6071 Fax: (602) 252-0042 Email: rtraulsen@BMT-law.com The Defendants are represented by: Amy Jo Gittler, Esq. JACKSON LEWIS PC - PHOENIX, AZ 2111 E Highland Ave., Ste. B250 Phoenix, AZ 85016 Phone: (602) 714-7044 Fax: (602) 714-7045 Email: gittlera@jacksonlewis.com SARATOGA COUNTY, NY: Steele Files Suit in N.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Saratoga County, New York, et al. The case is styled as Alice Steele, on behalf of themself and on behalf of others similarly situated v. Saratoga County, New York, Andrew Jarosh, State of New York, Case No. 1:23-cv-01615-MAD-TWD (N.D.N.Y., Dec. 22, 2023). The nature of suit is stated as Constitutional - State Statute for Violation 5th & 8th Amendme. Saratoga County -- https://www.saratogacountyny.gov/ -- is a county in the U.S. state of New York, and is the fastest-growing county in Upstate New York.[BN] The Plaintiff is represented by: Steven E. Cole, Esq. ADAMS LECLAIR LLP 1200 Bausch & Lomb Place Rochester, NY 14604 Phone: (585) 327-4100 Fax: (585) 327-4200 Email: scole@adamsleclair.law SARATOGA COUNTY, NY: Sued Over Unconstitutional Foreclosure Law --------------------------------------------------------------- Erik Uebelacker of Courthouse News Service reports that a New Yorker claims the state unjustly took her property using its foreclosure law which she calls unconstitutional in a federal class action. Ballston Spa resident Alice Steele claims her Saratoga County home was foreclosed this year due to unpaid taxes. The county then sold her property to the state at auction for $112,100, producing a surplus Steele claims was "above and beyond the amount lawfully owed by plaintiff for delinquent taxes and charges." New York never returned the excess to her, which she says violates the Fifth Amendment of the U.S. Constitution's taking clause. "The Constitution's taking Ccause prohibits the 'taking of property without just compensation,'" Steele claims in the lawsuit. "The prohibition is not against states enacting laws to collect taxes and other obligations, which is permitted to satisfy the citizen's taxes. It is against taking more than is owed, as is happening in this case." Filed Dec. 22 but made publicly available on December 26, 2023, Steele's 24-page lawsuit targets a provision of New York real property tax law that she claims allows proceeds from the sale of foreclosed property to be kept by the state, in excess of taxes owed. This not only violates the taking clause, but numerous other articles in both the U.S. and New York constitutions. "This creates the constitutional violation here, because that the citizen's property is foreclosed in a way that the citizen loses all right to the property, including any property value in excess of the taxes owed by the individual to the taxing entity," Steele continues in the lawsuit, claiming New York came up with the provision to "make money for nothing." "It foreclosed on delinquent taxes and other legitimate obligations, which it can do," Steele says. "But then New York used this very frequent situation of foreclosures to enact a statute that 'allowed' it to keep all the money from the foreclosure. Not just the amount owed, but everything. Even the homeowner's excess equity." Steele cites U.S. Supreme Court case Tyler v. Hennepin County, a ruling from this past May that found surplus equity to be a "fundamental right" that is "not founded solely in state law and cannot be taken away by enactment of a state statute." "In Tyler v. Hennepin County, the United States Supreme Court, in a 9-0 decision, declared unconstitutional state laws like New York's that authorize and result in the practice of taking and retaining excess proceeds of tax foreclosures and tax sales," Steele claims. The Tyler decision involved Minnesota state law, but New York and at least 13 other states have similar laws surrounding foreclosure that could be impacted by the ruling. Steele claims it's a "straightforward" decision that clearly applies to New York, too. Steele also claims that New York's foreclosure laws violate the Eighth Amendment of the U.S. Constitution, which bars "excessive fines" as government punishments. Taking excess equity is just that, Steele says, since the amounts collected "had no correlation to the amount owed to the government." Defendants include Saratoga County, the state of New York and Saratoga County Treasurer Andrew Jarosh. Steele brings the case on behalf of herself and all New Yorkers who were not given their excess taxes owed on their foreclosed properties in the state over the past six years. She seeks a return of the excess and an order blocking the provision. Attorney Steven Cole of Adams Leclair in Rochester, New York, represents Steele. [GN] SHOE PALACE: Kim Sues Over Website's Inaccessibility ---------------------------------------------------- SON KIM, on behalf of himself and all others similarly situated, Plaintiff v. SHOE PALACE CORPORATION, Defendant, Case No. 3:23-cv-06632-TSH (N.D. Cal., December 27, 2023) alleges violations of the Americans with Disabilities Act and the California's Unruh Civil Rights Act. The ADA violations arises from its Defendant's failure to design its website, www.shoeplace.com, to be fully and equally accessible to blind and visually impaired consumers, says the suit. Headquartered in California, Shoe Place Corporation sells shoes, apparel and accessories through its physical stores and its website. [BN] The Plaintiff is represented by: Robert Sibilia, Esq. OCEANSIDE LAW CENTER APC 28202 Cabot Road, Ste. 300 Laguna Niguel, CA 92677 Telephone: (760) 666-1151 Facsimile: (818) 698-0300 SHOPIFY INC: 9th Circuit Affirms Dismissal of Data Privacy Suit --------------------------------------------------------------- Stephanie Bedard of JD Supra reports that in a jurisdictional win for online servicers and web-based platforms, the Ninth Circuit affirmed the dismissal of a putative class action alleging that Shopify violated California privacy and unfair competition laws by deliberately concealing its involvement in online transactions. Briskin v. Shopify, Inc., 87 F.4th 404 (9th Cir. 2023). The Ninth Circuit affirmed that the district court in California lacked personal jurisdiction because Shopify did not expressly aim its conduct towards the state. Californian plaintiff, Brandon Briskin, allegedly purchased fitness apparel from the website of a California-based retailer, using his phone, while physically located in California. Shopify, Inc., which is headquartered and incorporated in Canada, processed the transaction on behalf of the California retailer. Briskin alleged that Shopify: -- collected his personal and credit card information and stored it for later use and analysis; -- installed cookies on Briskin's phone; -- connected Briskin's browser to Shopify's network; -- generated payment forms requiring Briskin to enter personal identifying information; -- transmitted Briskin's payment information to a second payment processor; and -- used his information to create consumer profiles, which were then shared with other merchant and business partners. Briskin brought the lawsuit against Shopify and two of its wholly-owned subsidiaries, neither of which was headquartered or incorporated in California either (together, "Shopify"). Shopify moved to dismiss the allegations for lack of personal jurisdiction, and the district court agreed and dismissed the operative complaint without leave to amend. Because it was undisputed the district court did not have general jurisdiction over any of the defendants, the Ninth Circuit looked to whether the court could exercise specific jurisdiction, which required the plaintiff to show that (1) Shopify directed activities toward, or purposefully availed itself of the privileges of conducting activities in, the forum state and (2) the claims arose out of or related to Shopify's contacts with the state of California. (citing Axiom Foods, Inc. v. Acerchem Int'l, Inc., 874 F.3d 1064, 1068 (9th Cir. 2017)). Applying the test established by the U.S. Supreme Court in Calder v. Jones, 465 U.S. 783 (1984), the Court of Appeals determined that Briskin could not show that Shopify – a nationwide web-based sales platform – had expressly aimed its conduct towards the state of California. The Ninth Circuit held that Briskin's claims did not arise out of any of Shopify's broader business actions in the state, such as contracts with California merchants, physical Shopify offices and fulfillment centers in California, or other forum-related activities. Even though Shopify "knowingly profit[ed] from consumers in the forum state," the Court of Appeals held that alone was not sufficient to show that Shopify expressly aimed its conduct toward California, particularly when there were no allegations that Shopify (1) "alter[ed] its data collection activities based on the location of a given online purchaser" or (2) prioritized or specifically targeted California customers. In so ruling, the Ninth Circuit distinguished cases such as Briskin, which involved only online services, from recent decisions such as Herbal Brands, Inc. v. Photoplaza, Inc., 72 F.4th 1085 (9th Cir. 2023), which involved the physical delivery of products in the forum state. In Herbal Brands, the Court of Appeals held that an Arizona district court had jurisdiction over claims that Herbal Brands brought against New York-based Amazon merchants because those sellers had sold physical products to Arizona customers.72 F.4th at 1088. Takeaways: The Shopify decision will likely have broad implications for web-based platforms. Under the Ninth Circuit's reasoning, providing online services to a customer in the forum state may not be sufficient to establish jurisdiction unless there is evidence the payment processor or other servicer directly targeted or sold physical products to purchasers in the forum state. As a practical matter, at least in the Ninth Circuit, online servicers and web-based platforms remain most likely to face litigation in the jurisdictions where they are headquartered or incorporated. [GN] SIX FLAGS: Faces Class Action Suit Over ADA Violations ------------------------------------------------------ Alan Riquelmy of Courthouse News Service reports that a California Army veteran accused Six Flags and Magic Mountain of violating the Americans with Disabilities Act in a class action filed on December 26, 2023, claiming that they require disabled people to pass through a series of bureaucratic steps before visiting their amusement parks. After taking those steps, and securing an Individual Accessibility Card, the veteran said he then experienced "public humiliation" when, on one occasion, a park employee ripped up his card. The veteran, identified in the suit as "I.L.", asked for a judge to certify the class and an order stating the companies' conduct violated the law, as well as for compensatory, statutory and punitive damages. The veteran in his suit stated that Six Flags Entertainment Corp. and Magic Mountain LLC discriminated against him by failing to provide an opportunity to participate in their services and be free from discrimination. They violated the Americans with Disabilities Act, California's Unruh Civil Rights Act and the California Disabled Persons Act, according to the plaintiff. Guests with disabilities must give their information before a visit, registering with the International Board of Credentialing and Continuing Education Standards. The theme parks' "Attraction Access Program," which requires guests to give sensitive personal information and medical documentation, violates the Americans with Disabilities Act, he wrote in the suit. Guests must register online at least 48 hours before visiting a park to get an Individual Accessibility Card. "Particularly relevant here, public accommodations: (1) may not impose 'eligibility criteria' that tend to screen out disabled individuals; and (2) must make 'reasonable modifications in polices, practices, or procedures, when such modifications are necessary' to provide disabled individuals full and equal enjoyment," the veteran wrote. A representative for Six Flags couldn't immediately be reached for comment. The veteran -- a season ticket holder during the 2022-23 season at Six Flags -- has several disabilities, including sciatic nerve damage, post-traumatic stress disorder and a reflux disease. He has difficulty grabbing objects, unsteady hands and diminished use of his upper body, among other disabilities. According to the veteran, in May 2022, he was told by a park representative that he needed to go online and submit an application for an Individual Accessibility Card. He completed the steps, printed the card and brought a paper copy to Six Flags Magic Mountain, in Valencia, California, in June 2022, during a birthday celebration with his wife. He then handed his documentation to an attendant at the park's alternative entrance. "However, upon doing so, the employee took plaintiff's paper card and ripped it up into four pieces, then handed it back to plaintiff and told him that he did 'not look disabled enough' to have the listed accommodations, that he looked 'able-bodied,'" the veteran wrote. The veteran also experienced inappropriate treatment during July and September 2022 visits. In a November 2022 trip, he and his wife purposefully avoided interacting with park staff. He only rode one ride. The veteran didn't show his access card in a December 2022 trip, as he thought staff would deny him accommodations, he wrote. In June 2023, he went to Disneyland instead, as he didn't want another birthday ruined over his disabilities and denial of services, as well as the public humiliation. He last visited a Magic Mountain park in September. "Because disabled persons must gather the necessary medical documentation and submit it with their application on the … website prior to their park visit, persons with disabilities do not have that same luxury afforded to nondisabled persons," the veteran wrote. [GN] SIX FLAGS: I.L. Files ADA Suit in E.D. California ------------------------------------------------- A class action lawsuit has been filed against Six Flags Entertainment Corp., et al. The case is styled as I.L., individually and on behalf of all others similarly situated v. Six Flags Entertainment Corp., Magic Mountain LLC, Case No. 1:23-at-01058 (E.D. Cal., Dec. 26, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Six Flags Entertainment Corporation is an American amusement park corporation, headquartered in Arlington, Texas.[BN] The Plaintiff is represented by: Neal J. Deckant, Esq. Julia Kathryn Venditti, Esq. BURSOR & FISHER P.A. 1900 California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (206) 491-2207 Fax: (925) 407-2700 Email: ndeckant@bursor.com jvenditti@bursor.com SOBER COMPANIONS: Krichmar Files Suit in Fla. Cir. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Sober Companions. The case is styled as Ashlee Krichmar, an individual, on behalf of herself and all similarly situated current and former employees of Defendants v. Sober Companions, Kelly Knight, an individual; Does 1-10, business entit(ies), form(s) unknown; Does 11-20, individual(s); Does 21-30, Inclusive; Case No. 23SMCV06039 (Fla. Cir. Ct., Broward Cty., Dec. 26, 2023). Sober Companions -- https://www.sobercompanions.com/ -- offer personalized assistance, help clients stay sober, manage triggers and cravings, and develop healthy coping strategies.[BN] The Plaintiff is represented by: Steven D. Waisbren, Esq., Esq. LAW OFFICES OF STEVEN D. WAISBREN 5850 Canoga Ave., Suite 400 Woodland Hills, CA 91367 Phone: (818) 710-7102 Fax: (818) 532-1214 Email: steve@waisbrenlaw.com SOCK DRAWER INC: Karim Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against The Sock Drawer, Inc. The case is styled as Jessica Karim, on behalf of herself and all others similarly situated v. The Sock Drawer, Inc., Case No. 1:23-cv-11152 (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Sock Drawer has fun, cool novelty socks for women, men and kids online and at their shop.[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 SOUTHWEST AIRLINES: Faces Medical History Requirement Class Suit ---------------------------------------------------------------- Cook County Record reports that a class action lawsuit has been lodged against Southwest Airlines, making the airline the latest large employer operating in Illinois to be targeted with a potentially big money claim under the state's genetic information privacy law for allegedly asking job applicants about their medical histories. "As a condition of employment, Defendant requires potential employees to undergo a physical exam during which genetic information in the form of their family medical history is requested," says the suit, filed in Cook County Circuit Court. The Illinois Genetic Information Privacy Act prohibits companies from improperly collecting people's genetic information. The lawsuit asserts this also prevents employees from asking potential employees about their medical histories, according to the lawsuit. "Genetic information, including familial health history, is a uniquely private and sensitive form of personal information," the lawsuit states. "The genetic information contained therein reveals a trove of intimate information about that person's health, family, and innate characteristics. In requiring prospective employees, such as Plaintiff, to disclose their family medical histories, Defendant has violated Plaintiff's and the other putative Class members' statutory right to genetic privacy." The suit seeks $15,000 for each intentional violation of the law and $2,500 for each negligent violation plus attorney fees and court costs. The plaintiffs are represented by attorneys Timothy P. Kingsbury, Andrew T. Heldut Colin P. Buscarini of McGuire Law P.C., of Chicago. [GN] STATE FARM: 5th Circuit Court Decertify Louisiana Driver Class Suit ------------------------------------------------------------------- Jacklyn Wille of Bloomberg Law reports that lawsuit saying State Farm Mutual Auto Insurance Co. shortchanges Louisiana drivers whose cars have been totaled was incorrectly certified as a class action, the Fifth Circuit ruled. The class was defined to include drivers whose vehicles were valued lower than they would have been under the National Automobile Dealers Association Official Used Car Guide, but there are other valuation methods that are equally legal and legitimate, the US Court of Appeals for the Fifth Circuit said in a Dec. 22 opinion. Because the class was defined using an "arbitrary choice of a liability model," it doesn't satisfy federal. [GN] STUHRLING ORIGINAL: Suarez Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Stuhrling Original, LLC. The case is styled as Alvin Suarez, on behalf of himself and all others similarly situated v. Stuhrling Original, LLC, Case No. 1:23-cv-11143-MKV (S.D.N.Y., Dec. 22, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Stuhrling Original LLC -- https://stuhrling.com/ -- operates as an online store. The Company provides various styles of watches for men and women, as well as offers shipping, return and exchange, warranty, and repair services.[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 SUGARED + BRONZED: Cohen Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Sugared + Bronzed, LLC, et al. The case is styled as Jade Cohen, individually and on behalf of all other Aggrieved Employees v. Sugared + Bronzed, LLC, Does 1 to 50, Case No. 23STCV31338 (Cal. Super. Ct., Los Angeles Cty., Dec. 22, 2023). SUGARED + BRONZED -- https://sugaredandbronzed.com/ -- is the nation's largest sugaring hair removal and sunless airbrush spray tan destination.[BN] The Plaintiff is represented by: Haig B. Kazandjian, Esq. Cathy Gonzalez, Esq. HAIG B. KAZANDJIAN LAWYERS, APC 801 North Brand Boulevard, Suite 970 Glendale, CA 91203 Phone: 1-818-696-2306 Fax: 1-818-696-2307 Email: haig@hbklawyers.com cathy@hbklawyers.com TAYLOR COUNTY SCHOOL BOARD: Bellamy Files Suit in N.D. Florida -------------------------------------------------------------- A class action lawsuit has been filed against TAYLOR COUNTY SCHOOL BOARD FLORIDA. The case is styled as Amos Bellamy, Tommy B. Williams, Willie E. Johnson, Charlie Mae Miller, Essie Mae Anderson, Lillie M. Jones, Lessie M. Johnson, Mery Ann Jones, Annie Lee Pigford, Shirley G. Curry, Veleta Curry, Ek Scott, Randolph Woodfaulk, Wallace Nesbit, on behalf of themselves and all others similarly situated v. TAYLOR COUNTY SCHOOL BOARD FLORIDA, their successors and agents in their official capacities; BUCK MCLEOD, chairman of the Taylor County School Board; WENDELL PARKER, vice chairman of the Taylor County School Board; BILLY RICKETSON, member of the taylor county school board; EDWARD HARVEY, member of the Taylor County School Board; MICHAEL OSTEIN, member of the Taylor County School Board, Case No. 4:83-cv-07124 (S.D.N.Y., Dec. 22, 2023). The nature of suit is stated as Voting Civil Rights. Taylor County School District provides free breakfast and lunch to ALL students.[BN] The Plaintiff appears pro se. TUG HILL: Luna Suit Seeks to Recover Unpaid Overtime Wages ---------------------------------------------------------- RANDY LUNA, individually and for others similarly situated v. TUG HILL OPERATING, LLC is a collective action lawsuit brought by the Plaintiff to recover unpaid overtime wages and other damages from Tug Hill Operating under the Fair Labor Standards Act. According to the complaint, Luna and the other day rate workers regularly worked more than 40 hours a week. But Tug Hill did not pay Luna and its other day rate workers overtime. Instead, Tug Hill misclassified them as independent contractors and paid them a flat amount for each day worked, regardless of the total number of hours they worked in a workweek, says the suit. Plaintiff Luna worked for Tug Hill as a safety coordinator in West Virginia from approximately October 2021 until August 2023. Tug Hill Operating, LLC is an oil & gas exploration company headquartered in Ft. Worth, Texas.[BN] The Plaintiff is represented by: Anthony J. Majestro, Esq. POWELL & MAJESTRO PLLC 405 Capitol Street, Suite 803 Charleston, WV 25301 Telephone: (304) 346-2889 Facsimile: (304) 346-2895 E-mail: amajestro@powellmajestro.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com WANABANA LLC: Bell Files Suit in S.D. Florida --------------------------------------------- A class action lawsuit has been filed against Wanabana LLC, et al. The case is styled as Jennifer Bell, Jennifer Buffan, Kaylee Casillas, James Douglas, Jr., Charleta Hatchett, Jermaine Hoggard, Jermaine Jackson, Javonney Kissi, Emmanuel Kissi, Michael Rozental, Kelsey Scales, Rebecca Schuster, Emily Holmes Turner, Blake Turner, Tammy Wagner, Thomas Wagner, Nancy Williamson, David Williamson, individually and on behalf of themselves and all others similarly situated v. Wanabana LLC, Wanabana USA LLC, Case No. 0:23-cv-62396-RLR (S.D.N.Y., Dec. 22, 2023). The nature of suit is stated as Personal Inj. Prod. Liability for Personal Injury. Wanabana LLC are a company focused on well-being and are dedicated to the production, processing and finished product of fresh fruit.[BN] The Plaintiff is represented by: Edward H. Maginnis, Esq. Karl S. Gwaltney, Esq. MAGINNIS HOWARD 7706 Six Forks Road, Suite 101 Raleigh, NC 27615 Phone: (919) 526-0450 Fax: (919) 882-8763 - and - John Scarola, Esq. Katherine Ann Kiziah, Esq. SEARCY DENNEY SCAROLA BARNHART & SHIPLEY 2139 Palm Beach Lakes Boulevard PO Drawer 3626 West Palm Beach, FL 33402-3626 Phone: (561) 686-6300 Fax: (561) 383-9451 Email: scarolateam@searcylaw.com KKiziah@searcylaw.com WM MIDDLE TENNESSEE: Martin Sues Over Unpaid Wages, Retaliation --------------------------------------------------------------- DAVID MARTIN, BRITTANY BRACHEY, CHARLIE CREASY, WILL SMITH, BRITTON VICKERS, and JULIE BEYOR, on behalf of themselves and all those similarly situated, Plaintiffs v. WM MIDDLE TENNESSEE ENVIRONMENTAL CENTER, LLC and HQ DIRECT, LLC, Defendants, Case No. 3:23-cv-01343 (M.D. Tenn., Dec. 19, 2023) is a collective action seeking unpaid wages under the Fair Labor Standards Act as well as damages relating to and resulting from the wrongful terminations of Plaintiffs' employments with the Defendants in violation of the Tennessee Public Protection Act. The complaint alleges the Defendants' failure to pay Plaintiffs for all minimum and overtime wages due to them. Specifically, Defendants did not properly compensate Plaintiffs for hours worked off the clock. The Defendants also terminated Plaintiffs' employments because of their protected activities -- including but not limited to Plaintiffs' refusals to remain silent about safety violations and refusals to bury toxic waste that was clearly marked for incineration that constitute illegal activities and close associations with other employees who engaged in protected activities, the suit says. The Plaintiffs are former employees of WM and HireQuest Direct. They worked for Defendants at the WM landfill and environmental site located in Nashville, Tennessee. WM MIDDLE TENNESSEE ENVIRONMENTAL CENTER, LLC is a Delaware company registered to do business in Tennessee.[BN] The Plaintiffs are represented by: Delain L. Deatherage, Esq. DLAW 1019 16th Avenue South Nashville, TN 37212 Telephone: (615) 517-6008 E-mail: deatherage@dlaw-firm.com ZEROED-IN TECHNOLOGIES: Neeley Files Suit in M.D. Florida --------------------------------------------------------- A class action lawsuit has been filed against Zeroed-In Technologies, LLC, et al. The case is styled as Thomas Neeley, individually and on behalf of all others similarly situated v. Zeroed-In Technologies, LLC, Dollar Tree, Inc., Case No. 2:23-cv-01219 (M.D. Fla., Dec. 26, 2023). The nature of suit is stated Other Contract. Zeroed-In Technologies -- https://www.zeroedin.com/ -- is an innovative technology company that helps clients make better use of their own HR, talent, and business data.[BN] The Plaintiff is represented by: Nicholas A. Colella, Esq. LYNCH CARPENTER, LLP 1133 Penn Ave, 5th Floor Pittsburgh, PA 15222 Phone: (412) 322-9243 Email: nickc@lcllp.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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