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C L A S S A C T I O N R E P O R T E R
Wednesday, January 10, 2024, Vol. 26, No. 8
Headlines
23ANDME INC: Scott Files Suit in N.D. California
23ANDME INC: Sorensen Files Suit in N.D. California
3M COMPANY: Arana Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Berwick Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Bradshaw Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Brown Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Chamberland Sues Over Exposure to Toxic Chemicals
AL PACKER INC: Gleason Files Suit in S.D. Florida
ALLIANZ GLOBAL: Healy Files Suit in D. Kansas
ANDERSON'S TREE: Leon and Diaz Allege Labor Law Violations
ASTELLAS PHARMA US: Staten Suit Removed to C.D. California
AUTOMOTIVE ELITE: Anderson Sues Over Unpaid Minimum, Overtime Wages
AVANT GARDNER: Ting Suit Removed to S.D. New York
BOARD OF TRUSTEES: De Lanerolle Files Suit in C.D. Illinois
BUMBLE INC: Ott Files Suit in N.D. Illinois
CAESARS ENTERTAINMENT: Martin Sues Over Cyberattack
CAESARS ENTERTAINMENT: McCusker Sues Over Failure to Secure PII
CBRE INC: Mitsch Sues Over Failure to Pay Compensations
CHIPOTLE SERVICES: Spada ADA Suit Removed to W.D. Pennsylvania
COMMUNITY HEALTH: Faces Class Action Over Labor Code Violations
DAMERON HOSPITAL: Suit Filed in Cal. Super. Ct.
DRUG FREE WORKPLACES: Hill Files Suit in N.D. Florida
EAST TEXAS ROOF: Fails to Pay Overtime Wages, Hopkins Suit Claims
ESTEL FOODS: Wren Sues Over Unlawful Collection of Biometric Data
FABY'S BEVERAGE: Faces Garcia Suit Over Nonpayment of Proper Wages
FIRESTORM WILDLAND: Garcia Sues Over Unpaid Minimum, Overtime Wages
GLAD PRODUCTS: Keirsted Sued Over Mislabeled Recycling Bags
HCA HEALTHCARE: Crown Suit Transferred to M.D. Tennessee
HERSHEY CO: Kelly Sues Over Mislabeled Reese's Peanut Butter
HILB GROUP OPERATING: Tiller Files Suit in E.D. Virginia
HYPHEN LLC: Childs Files RICO Suit in M.D. Georgia
INTELLIGENT SCM: Williams Files Suit in D. New Jersey
JEFFERSON CAPITAL: Martinez FDCPA Suit Removed to D. New Jersey
JOHNSON & JOHNSON: Lewis Suit Transferred to E.D. New York
JP MORGAN: Ascension Law Files Suit in C.D. California
KOWALSKI'S HOLDINGS: Dalton Files ADA Suit in D. Minnesota
LUMIO HX INC: Pinn Sues Over Unsolicited Telemarketing Calls
MCDONALD'S CORP: Charges Extra for Orange Juice in Breakfast Combo
MIDDLE EAST BAKERY: Perez Files Suit in C.D. California
MIDLAND CREDIT: Qamunga Files FDCPA Suit in D. Minnesota
NATIONAL STUDENT: Evangelista Files Suit in E.D. Virginia
NAVY FEDERAL: Hicks and Hopper Sue Over Lending Discrimination
NEW YORK STATE VETERANS: Hanel Files Suit in E.D. New York
OKCOIN USA INC: Wilhelm Suit Removed to N.D. Illinois
ONE STOP COLLISION: Jimenez Sues Over Unlawful Labor Practices
PROGRESS SOFTWARE: Faces George Suit Over Private Data Breach
PROLIANT GROUP: Alvarez Sues Over Unpaid Minimum, Overtime Wages
PROSPECT MEDICAL: Pratcher Suit Removed to C.D. California
PROSPECT MEDICAL: Schaefer Sues Over Failure to Secure PII & PHI
QI XIN: Yam Files Suit in S.D. New York
QUEBEC: Judge OKs Lawsuit Alleging Abuse at Indigenous Day Schools
QVC INC: Moore Sues Over Unpaid Minimum and Overtime Wages
SANYO FOODS: Shin Sues Over False and Misleading Labeling
SEARS HOLDING: Dalton Files ADA Suit in D. Minnesota
SELLAN STRUCTURAL: Argueta Sues Over Unpaid or Underpaid Wages
SUN ENERGY SERVICES: Lawrence Sues Over Underpayment of OT Wages
TANMAR RENTALS: Fails to Pay Proper Overtime Wages, Epler Alleges
TARZANA TREATMENT: Tanner Sues Over Failure to Pay Compensations
TRI COUNTIES BANK: Dryden Sues Over Negligent Cybersecurity
TRUMBULL COUNTY, OH: Attorney to Appeal Juvenile Suit Dismissal
US IMMIGRATION: Suit Filed in D. New Mexico
VIVENDI UNIVERSAL: Europeans Could Join Shareholders' Class Suit
WICKED TACO: Faces Gonzalez Suit Over State Labor Law Breaches
X CORP: Faces Class Action Suit Over Failure to Pay Bonuses
YOUR HOMETOWN: Fails to Pay Proper Wages, Clardy Alleges
*********
23ANDME INC: Scott Files Suit in N.D. California
------------------------------------------------
A class action lawsuit has been filed against 23andMe Holding Co.,
et al. The case is styled as Tracy Scott, Anna DaVeiga, Emily
Beale, on behalf of themselves and all others similarly situated v.
23andMe Holding Co., 23andMe, Inc., Case No. 3:23-cv-05980-LB (N.D.
Cal., Nov. 17, 2023).
The nature of suit is as Other P.I. for Personal Injury.
23andMe -- https://www.23andme.com/ -- offers DNA testing with the
most comprehensive ancestry breakdown, personalized health insights
and more.[BN]
The Plaintiffs are represented by:
Mark N. Todzo, Esq.
LEXINGTON LAW GROUP, LLP
503 Divisadero Street
San Francisco, CA 94117
Phone: (415) 913-7800
Fax: (415) 759-4112
Email: mtodzo@lexlawgroup.com
- and -
Carey Alexander, Esq.
Joseph P. Guglielmo, Esq.
SCOTT + SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Phone: (212) 519-0512
Fax: (212) 223-6334
Email: calexander@scott-scott.com
jguglielmo@scott-scott.com
- and -
Meredyth Lynn Merrow
Patrick R. Carey
LEXINGTON LAW GROUP
503 Divisadero Street
San Francisco, CA 94117
Phone: (415) 913-7800
Fax: (415) 759-4112
Email: mmerrow@lexlawgroup.com
pcarey@lexlawgroup.com
23ANDME INC: Sorensen Files Suit in N.D. California
---------------------------------------------------
A class action lawsuit has been filed against 23andMe, Inc. The
case is styled as Brianna Sorensen, and all similarly situated
individuals v. 23andMe, Inc., Case No. 3:23-cv-05677-EMC (N.D.
Cal., Nov. 3, 2023).
The nature of suit is as Other P.I. for Tort/Non-Motor Vehicle.
23andMe -- https://www.23andme.com/ -- offers DNA testing with the
most comprehensive ancestry breakdown, personalized health insights
and more.[BN]
The Plaintiff is represented by:
Michael Anderson Berry, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL LAW CORP.
865 Howe Avenue
Sacramento, CA 95825
Phone: (916) 777-7777
Fax: (916) 924-1829
Email: aberry@justice4you.com
3M COMPANY: Arana Sues Over Exposure to Toxic Film-Forming Foams
----------------------------------------------------------------
Federico A. Arana, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-05667-RMG (D.S.C., Nov. 6,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with thyroid cancer
as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Berwick Sues Over Exposure to Toxic Foams & Chemicals
-----------------------------------------------------------------
Brett Berwick, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S.,
INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE PLC; LION GROUP, INC.;
MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; RAYTHEON
TECHNOLOGIES CORPORATION; SOUTHERN MILLS, INC.; STEDFAST USA, INC.;
THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS L.P. as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); and W.L.GORE & ASSOCIATES, INC., Case No.
2:23-cv-05657-RMG (D.S.C., Nov. 6, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
the Decedent in their intended manner, without significant change
in the products' condition. Decedent was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Decedent's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Decedent to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF and TOG in training and to extinguish fires during his working
career as a military and/or civilian firefighter and was diagnosed
with Thyroid Disease as a result of exposure to Defendants' AFFF or
TOG products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Stephen "Buck" Daniel, Esq.
RUEB STOLLER DANIEL, LLP
225 Ottley Drive NE, Suite 110
Atlanta, GA 30624
Phone: 404-381-2888
Email: buck@lawrsd.com
3M COMPANY: Bradshaw Sues Over Exposure to Toxic Foams & Chemicals
------------------------------------------------------------------
Chris Bradshaw, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-05668-RMG (D.S.C., Nov. 6, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with bladder cancer
as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
3M COMPANY: Brown Sues Over Exposure to Toxic Film-Forming Foams
----------------------------------------------------------------
Michael Brown, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-05648-RMG (D.S.C., Nov. 6, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of Decedent's exposure to
Defendants' AFFF products at various locations during the course of
Decedent's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
colorectal cancer as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Phone: 205-328-9200
Facsimile: 205-328-9456
3M COMPANY: Chamberland Sues Over Exposure to Toxic Chemicals
-------------------------------------------------------------
Dennis W. Chamberland, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTSLP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:23-cv-05671-RMG (D.S.C., Nov. 6,
2023), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with prostate
cancer as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
AL PACKER INC: Gleason Files Suit in S.D. Florida
-------------------------------------------------
A class action lawsuit has been filed against Al Packer, Inc., et
al. The case is styled as Bernard W. Gleason, on behalf of himself
and others similarly situated v. Al Packer, Inc. doing business as:
c, Ford Motor Credit Company, LLC, Case No. 9:23-cv-81466-RLR (S.D.
Fla., Nov. 7, 2023).
The nature of suit is stated as Truth in Lending.
Al Packer, Inc. -- https://www.alpackerford.net/ -- is a Ford
dealer in the Westgate-Belvedere Homes, Florida.[BN]
The Plaintiff is represented by:
Bryan Andre Giribaldo, Esq.
Alex Kruzyk, Esq.
PARDELL, KRUZYK AND GIRIBALDO, PLCC
501 Congress Avenue, Suite 150
Austin, TX 78701
Phone: (737) 310-3211
Email: bgiribaldo@pkglegal.com
akruzyk@pkglegal.com
- and -
Logan Pardell, Esq.
SHAVITZ LAW GROUP, P.A.
951 Yamato Road, Suite 285
Boca Raton, FL 33431
Phone: (561) 447-8888
Email: lpardell@pkglegal.com
The Defendant is represented by:
Dale Lyn Friedman, Esq.
CONROY SIMBERG GANON KREVANS & ABEL
3440 Hollywood Boulevard, 2nd Floor
Hollywood, FL 33021
Phone: (954) 961-1400
Fax: 967-8577
Email: dfriedman@conroysimberg.com
- and -
Jessica Marie Kennedy, Esq.
MCDONALD TOOLE WIGGINS, P.A.
111 Magnolia Ave. Suite 1200
Orlando, FL 32801
Phone: (407) 246-1800
Fax: (407) 246-1895
Email: jkennedy@mtwlegal.com
ALLIANZ GLOBAL: Healy Files Suit in D. Kansas
---------------------------------------------
A class action lawsuit has been filed against Allianz Global
Assistance, et al. The case is styled as Patrick Healy,
individually and on behalf of all others similarly situated v.
Allianz Global Assistance, Allianz Global Assistance Insurance
Agency, Allianz Worldwide Partners, Allianz Global Risks US
Insurance Company, Case No. 2:23-cv-02501-JWB-RES (D. Kan., Nov.
10, 2023).
The nature of suit is stated as Insurance for Insurance Contract.
Allianz Travel is one of the market leaders in travel insurance and
assistance services.[BN]
The Plaintiffs are represented by:
Rex A. Sharp, Esq.
SHARP LAW, LLP
4820 W. 75th Street
Prairie Village, KS 66208
Phone: (913) 901-0505
Fax: (913) 901-0419
Email: rsharp@midwest-law.com
ANDERSON'S TREE: Leon and Diaz Allege Labor Law Violations
----------------------------------------------------------
ERICK NOE PAREDES LEON and GERSON ROELI CARBAJAL DIAZ, individually
and on behalf of all others similarly situated, Plaintiffs v.
ANDERSON'S TREE SERVICE, INC. and GINETTA ANDERSON and CHRISTIAN
ANDERSON, as individuals, Defendants, Case No. 2:23-cv-09525
(E.D.N.Y., December 28, 2023) alleges violations of the Fair Labor
Standards Act and the New York Labor Law.
The Plaintiffs were employed by Defendants as tree cutters and were
regularly required to work for more than 40 hours per week.
However, they never received any overtime compensation for all the
hours they worked over 40 hours in all the workweeks during their
employment with the Defendants. In addition, the Defendants also
failed to provide them with wage notices at the time of their hire
or at any time during their employment, say the Plaintiffs.
Based in Islip, NY, Anderson's Tree Service, Inc. is a New York
domestic business corporation that offers tree care services to
commercial and residential customers. [BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
ASTELLAS PHARMA US: Staten Suit Removed to C.D. California
----------------------------------------------------------
The case styled as Terry Staten, individually and on behalf of
other persons similarly situated v. Astellas Pharma US, Inc.,
Seagen, Inc., Does 1 through 100, inclusive, Case No. 23CV04122 was
removed from the Superior Court of the State of CA Santa Barbara,
to the U.S. District Court for the Central District of California
on Nov. 10, 2023.
The District Court Clerk assigned Case No. 4:23-cv-05817-HSG to the
proceeding.
The nature of suit is stated as Personal Injury: Health
Care/Pharmaceutical Personal Injury Product Liability.
Astellas Pharma Inc. -- https://www.astellas.com/us -- is a
Japanese multinational pharmaceutical company.[BN]
The Plaintiff is represented by:
Evan M. Selik, Esq.
Christine Chalhoub Zaouk, Esq.
MCCATHERN LLP
523 West 6th Street Suite 516
Los Angeles, CA 90014
Phone: (213) 225-6150
Fax: (213) 225-6151
Email: eselik@mccathernlaw.com
czaouk@mccathernlaw.com
The Defendants are represented by:
Jennise W. Stubbs, Esq.
SHOOK HARDY AND BACON LLP
JP Morgan Chase Tower
600 Travis Street Suite 3400
Houston, TX 77002-2926
Phone: (713) 227-8008
Fax: (713) 227-9508
Email: jstubbs@shb.com
- and -
Mark C Hegarty, Esq.
SHOOK HARRTY AND BACON LLP
2555 Grand Boulevard
Kansas City, MO 64108
Phone: (816) 474-6550
Fax: (815) 421-5547
Email: mhegarty@shb.com
- and -
Mayela C. Montenegro-Urch, Esq.
SHOOK HARDY AND BACON LLP
Jamboree Center
5 Park Plaza Suite 1600
Irvine, CA 92614
Phone: (949) 475-1500
Fax: (949) 475-0016
Email: mmontenegro@shb.com
- and -
Renata Ortiz Bloom, Esq.
Kevin W Alexander, Esq.
Thomas Robert Watson, Esq.
GORDON REES SCULLY MANSUKHANI LLP
101 West Broadway Suite 2000
San Diego, CA 92101
Phone: (619) 230-7702
Fax: (619) 696-7124
Email: rbloom@grsm.com
kalexander@grsm.com
twatson@grsm.com
AUTOMOTIVE ELITE: Anderson Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------------
Isaiah Anderson, an individual, on behalf of himself and all others
similarly situated v. AUTOMOTIVE ELITE INVESTMENTS, INC. DBA CHICO
VOLKSWAGEN, a California Corporation; and DOES 1 TO 50, Case No.
23CV03201 (Cal. Super. Ct., Butte Cty., Nov. 16, 2023), under the
the California Industrial Welfare Commission ("IWC") Wage Order as
a result of the Defendants' failure to pay all minimum wages and
overtime wages.
The Defendant failed to pay all minimum wages, failed to pay all
overtime wages, failed to provide rest periods and pay missed rest
period premiums, failed to provide meal periods and pay missed meal
period premiums, failed to maintain accurate employment records,
failed to pay wages timely during employment, failed to pay all
wages earned and unpaid at separation, failed to indemnify all
necessary business expenditures, failed to furnish accurate
itemized wage statements, and Violations of California's Unfair
Competition Law, says the complaint.
The Plaintiff was employed by the Defendants as a non-exempt hourly
employee in the County of Butte.
The Defendants were authorized to and doing business in Butte
County.[BN]
The Plaintiff is represented by:
Megan E. Ross, Esq.
Hannah Becker, Esq.
MELMED LAW GROUP P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Phone: (310) 824-3828
Fax: (310) 862-6851
Email: megan@melmedlaw.com
hb@melmedlaw.com
- and -
Peter Horton, Esq.
LAWYERS FOR EMPLOYEE AND CONSUMER RIGHTS
3500 West Olive Avenue, Third Floor
Burbank, CA 91505
Phone: (323) 720-8335
Email: phorton@lfecr.com
AVANT GARDNER: Ting Suit Removed to S.D. New York
-------------------------------------------------
The case captioned as Billy Ting, Duoc Vo, Garry Huang, Jeffrey
Wang, and Joshua Chin, on behalf of themselves and all others
similarly situated v. AVANT GARDNER, LLC, EZ FESTIVALS LLC MADE
EVENT LLC, and John Does Nos. 1 through 50, Case No. 654897/2023
was removed from the Supreme Court of the State of New York, New
York County, to the U.S. District Court for the Southern District
of New York on Nov. 3, 2023, and assigned Case No.
1:23-cv-09694-VM.
The Complaint includes purported causes of action for alleged
violations of New York General Business Law (NY GBL), violation of
NY GBL, fraud, negligence and gross negligence, breach of contract,
promissory estoppel, and unjust enrichment.[BN]
The Plaintiff is represented by:
Jacob Chen, Esq.
Rita Wang, Esq.
DGW KRAMER, LLP
One Rockefeller Plaza, Suite 1060
New York, NY 10020
Phone: (917) 633-6860
Email: jchen@dgwllp.com
rita@dgwllp.com
The Defendants are represented by:
Patrick M. Kennell, Esq.
Kathleen A. Mullins, Esq.
KAUFMAN DOLOWICH & VOLUCK, LLP
40 Exchange Place – 20th Floor
New York, NY 10005
Phone: (212) 485-9600
Email: pkennell@kaufmandolowich.com
BOARD OF TRUSTEES: De Lanerolle Files Suit in C.D. Illinois
-----------------------------------------------------------
A class action lawsuit has been filed against Board of Trustees of
the Illinois State Universities Retirement System, et al. The case
is styled as Primal de Lanerolle, on behalf of himself and a class
of similarly situated others v. Board of Trustees of the Illinois
State Universities Retirement System, Collin Van Meter, Andriy
Bodnaruk, Richard Figueroa, Jamie-Claire Flaherty, J. Fred Giertz,
Scott Hendrie, John Lyons, Steven Rock, Antonio Vasquez, Mitchell
Vogel, Case No. 2:23-cv-02261-CSB-EIL (C.D. Ill., Nov. 18, 2023).
The nature of suit is stated as Other Civil Rights.
The Board Administers State Universities Retirement System provides
annuities to faculty and nonacademic employees of state
universities and colleges, Class 1 community colleges, scientific
surveys, and other related agencies.[BN]
The Plaintiff is represented by:
Aaron Benjamin Maduff, Esq.
BARRETT & FARAHANY
77 W. Wacker Drive, Suite 4500
Chciago, IL 60601
Phone: (312) 800-8581
Email: aaron@justiceatwork.com
BUMBLE INC: Ott Files Suit in N.D. Illinois
-------------------------------------------
A class action lawsuit has been filed against Bumble, Inc. The case
is styled as Ashley Ott, individually and on Behalf of all others
similarly situated v. Bumble, Inc., Case No. 1:23-cv-15658 (N.D.
Ill., Nov. 4, 2023).
The nature of suit is stated as Other Civil Rights for
Tort/Non-Motor Vehicle.
Bumble -- https://bumble.com/ -- is an online dating and networking
application launched in 2014.[BN]
The Plaintiffs are represented by:
Michael Louis Fradin, Esq.
MICHAEL L. FRADIN, ATTORNEY AT LAW
8401 Crawford Ave., #104
Skokie, IL 60076
Phone: (847) 644-3425
Email: mikefradin@gmail.com
CAESARS ENTERTAINMENT: Martin Sues Over Cyberattack
---------------------------------------------------
James Martin and Patrice M. Perrier, individually and on behalf of
all other similarly situated v. CAESARS ENTERTAINMENT, INC., Case
No. 2:23-cv-01865-GMN-NJK (D. Nev., Nov. 13, 2023), is brought on
behalf of consumers whose sensitive personal information was stolen
by cybercriminals in a cyberattack on Caesars on or around
September 7, 2023 (the “Data Breach”).
Caesars has not disclosed the exact number of individuals impacted
by the Data Breach, but it has confirmed that the cybercriminals
were able to obtain a copy of Caesar’s loyalty program database,
including the driver’s license numbers and Social Security
numbers for a “significant number” of its more than 65 million
program members. The Data Breach was directly caused by the
Defendant’s failure to properly protect and secure the personally
identifiable information (“PII”) of its customers—in
particular, members of its loyalty program.
In its privacy policy, Caesars informs its Rewards program members
that it may collect a large range of PII including first and last
name, address, phone number, email address, credit card number,
Social Security number, driver license number, passport number,
license plate number, geolocation information, Caesars Rewards
number, date of birth, purchase information, gaming activity
information, biometric information, health information, and other
similar information. After gaining access to Caesars’ systems,
the hackers extracted the loyalty member database and demanded
Caesar’s pay a $30 million ransom. According to reports, Caesars
agreed to pay roughly half of the ransom demand to the hackers.
Individuals, including Plaintiffs and Class Members, were customers
of Defendant’s gaming and entertainment services and/or members
of Defendant’s Rewards program.
The Defendant requires individuals, including Plaintiffs and Class
Members, to provide highly sensitive PII as a prerequisite to use
Defendant’s entertainment services and to join Caesars’ Rewards
loyalty program. As an incentive to provide this information,
Defendant’s loyalty program allows its members to obtain points
that may be exchanged for program rewards. By obtaining, using, and
deriving a benefit from Plaintiffs’ and Class Member’ PII,
Caesars assumed legal and equitable duties to Plaintiffs and Class
Members to safeguard that information and knew, or should have
known, that they were responsible for protecting Plaintiffs’ and
Class Members’ Private Information from unauthorized disclosure.
Plaintiffs and Class Members had a reasonable expectation and
understanding that Defendant would adopt reasonable data security
safeguards to protect PII. Defendant failed to do so, leading to
the Data Breach.
Caesars owed a non-delegable duty to Plaintiffs and Class Members
to implement reasonable and adequate security measures to protect
their PII. Yet, Caesars maintained this PII in a negligent and/or
reckless manner and maintained the PII in a condition which left it
vulnerable to cyberattacks. The Data Breach was a direct result of
Caesars’ failure to implement reasonable data security measures
to protect Class Members’ PII against unauthorized intrusions and
access.
As a result of the Data Breach, Plaintiffs, and Class Members, have
been damaged in several ways. Plaintiffs and Class Members have
been exposed to an increased risk of fraud, identity theft, and
other misuse of their PII, says the complaint.
The Plaintiffs have been members of the Caesars’ Rewards
program.
Caesars Entertainment, Inc. is a global hospitality and gaming
company that owns, operates, and manages hotels, casinos, and
resorts located predominantly in Nevada.[BN]
The Plaintiff is represented by:
Don Springmeyer (NBN 1021)
KEMP JONES, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, NV 89169
Phone: (702) 385-6000
Email: d.springmeyer@kempjones.com
CAESARS ENTERTAINMENT: McCusker Sues Over Failure to Secure PII
---------------------------------------------------------------
Oliver McCusker, on behalf of himself and all others similarly
situated v. CAESARS ENTERTAINMENT, INC., Case No.
2:23-cv-01799-ART-BNW (D. Nev., Nov. 3, 2023), is brought against
CAESARS for its failure to properly secure its customers' sensitive
personally identifiable information, including their names,
driver's license numbers, and Social Security numbers
(collectively, "PII"), and for failing to comply with industry
standards to protect information systems that contain PII.
In the course of providing customers with gaming and hospitality
services, CAESARS requires customers to entrust it with their
highly sensitive personal information. In turn, CAESARS comes into
possession of and maintains files containing the PII of its
customers and has a resulting duty to securely maintain such
information. As part of its business operations, CAESARS engages
Okta, Inc. to provide it with identity and access management
services.
Despite CAESARS's duty to safeguard the PII of its customers,
cybercriminals gained access to CAESARS's loyalty program database
on or about August 18, 2023, and later exfiltrated the sensitive
PII stored therein (beginning on or about August 23, 2023) (the
"Data Breach"). On September 7, 2023, CAESARS confirmed that
customer PII was exfiltrated from Defendant's computer systems.
Based on CAESARS's statements to date, a wide variety of customer
PII was implicated in the Data Breach, including names and driver's
license numbers, and Social Security numbers.
As a direct and proximate result of CAESARS's failure to implement
and follow basic security procedures, Plaintiff's and Class
Members' PII is now in the hands of cybercriminals. The Plaintiff
and Class Members are now at a significantly increased and
certainly impending risk of fraud, identity theft, and similar
forms of criminal mischief, which risk may last for the rest of
their lives. Consequently, Plaintiff and Class Members must devote
substantially more time, energy, and money to protect themselves,
to the extent possible, from these crimes.
The Plaintiff, on behalf of himself and all others similarly
situated, alleges claims for negligence, breach of implied
contract, violations of the Nevada Consumer Fraud Act, and
declaratory judgment. Plaintiff seeks damages and injunctive
relief, including the adoption of reasonably sufficient practices
to safeguard PII in Defendant's custody in order to prevent
incidents like the Data Breach from reoccurring in the future and
for CAESARS to provide identity theft protective services to
Plaintiff and Class Members for their lifetimes, says the
complaint.
The Plaintiff received a notification email from CAESARS informing
him that his PII in Defendant's possession had been compromised in
the Data Breach.
CAESARS identifies itself as "the global leader in gaming and
hospitality."[BN]
The Plaintiff is represented by:
Mark J. Bourassa, Esq.
Jennifer A. Fornetti, Esq.
Valerie S. Gray, Esq.
THE BOURASSA LAW GROUP
2350 W. Charleston Blvd., Suite 100
Las Vegas, NV 89102
Phone: (702) 851-2180
Facsimile: (702) 851-2189
Email: mbourassa@blgwins.com
jfornetti@blgwins.com
vgray@blgwins.com
- and -
Gary F. Lynch, Esq.
Patrick D. Donathen, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: gary@lcllp.com
patrick@lcllp.com
CBRE INC: Mitsch Sues Over Failure to Pay Compensations
-------------------------------------------------------
Aubrey Mitsch, individually and on behalf of all other Aggrieved
Employees v. CBRE, INC., a California Corporation, CBRE GROUP, INC,
a California Corporation, and DOES 1 through 50, inclusive, Case
No. 23STCV27854 (Cal. Super. Ct., Los Angeles Cty., Nov. 14, 2023),
is brought pursuant to the California Labor Code Private Attorneys
General Act of 2004 as a result of the Defendants failure to pay
the Plaintiff proper compensations.
The Defendants failed to provide employment records in violation of
Labor Code, and failed to pay overtime and double time; failed to
provide rest and meal periods; failed to pay minimum wage in
violation of Labor Code and the applicable Wage Orders; failed to
keep accurate payroll records and provide itemized wage statements;
failed to pay reporting time wages; failed to pay split shift wages
in violation of California Code of Regulations; failed to pay all
wages earned on time; failed to pay all wages earned upon discharge
or resignation; failure to reimburse necessary, business-related
expenses; failed to provide notice of paid sick time and accrual;
employers, and individuals acting on behalf of employers, violating
or causing to be violated a section of the Labor Code or any Wage
Order in violation of Labor Code all in violation of Labor Code and
the applicable Wage Orders, says the complaint.
The Plaintiff was hired by the Defendants with the job title of
Client Services Coordinator on or about June 02, 2021.
CBRE, INC. is California Corporation, licensed to do business and
actually doing business in the State of California.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Melissa R. Robinson, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
melissa@hbklawyers.com
CHIPOTLE SERVICES: Spada ADA Suit Removed to W.D. Pennsylvania
--------------------------------------------------------------
The case styled as Zachary Thomas Spada, individually and on behalf
of all others similarly situated v. Chipotle Services, LLC, Case
No. 23-12486 was removed from the Erie County, to the U.S. District
Court for the Western District of Pennsylvania on Nov. 14, 2023.
The District Court Clerk assigned Case No. 1:23-cv-00318-SPB to the
proceeding.
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Chipotle Mexican Grill, Inc., often known simply as Chipotle --
https://www.chipotle.com/home -- is an American chain of fast
casual restaurants specializing in bowls, tacos and Mission
burritos made to order in front of the customer.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
Derek J. Illar, Esq.
ECKERT SEAMANS CHERIN & MELLOTT, LLC
600 Grant Street, 44th floor
Pittsburgh, PA 15219
Phone: (412) 566-6771
Fax: (412) 566-6099
Email: dillar@eckertseamans.com
- and -
Robert Jennings Mollohan, Jr., Esq.
Andrew L. Edge.
MARTENSON, HASBROUCK & SIMON LLP
2573 Apple Valley Road NE
Atlanta, GA 30319
Phone: (404) 390-2398
Fax: (404) 909-8120
Email: rmollohan@martensonlaw.com
aedge@martensonlaw.com
COMMUNITY HEALTH: Faces Class Action Over Labor Code Violations
---------------------------------------------------------------
The Los Angeles employment law attorneys, at Blumenthal Nordrehaug
Bhowmik De Blouw LLP, filed a class action complaint alleging that
Community Health Centers of the Central Coast, Inc. violated the
California Labor Code. The Community Health Centers of the Central
Coast, Inc. class action lawsuit, Case No. 23CV05482, is currently
pending in the Santa Barbara County Superior Court of the State of
California.
According to the lawsuit filed, Community Health Centers of the
Central Coast, Inc. allegedly failed to provide employees with
complete and accurate wages statements. California Labor Code
Section 226 provides that every employer shall furnish each of his
or her employees with an accurate itemized wage statement. The
Plaintiff was paid on an hourly basis. Therefore, Plaintiff's wage
statements should reflect all applicable hourly rates during the
pay period and the total hours worked, and the applicable pay
period in which the wages were earned pursuant to California Labor
Code Section 226(a). Allegedly, the wage statements Defendant
provided to Plaintiff failed to identify such information.
Additionally, Community Health Centers of the Central Coast, Inc.
allegedly failed to pay employees for all the time they were under
the employer's control. This, allegedly, includes the time
Plaintiff and California Class Members had to submit to mandatory
COVID-19 screening prior to clocking in for the day. To the extent
that the time worked off the clock did not qualify for overtime
premium payment, Defendant allegedly failed to pay minimum and
overtime wages for the time worked off-the-clock.
For more information about the class action lawsuit against
Community Health Centers of the Central Coast, Inc., call (800)
568-8020 to speak to an experienced California employment
attorney.
Blumenthal Nordrehaug Bhowmik De Blouw LLP is an employment law
firm with offices located in San Diego, San Francisco, Sacramento,
Los Angeles, Riverside and Chicago that dedicates its practice to
helping employees, investors and consumers fight back against
unfair business practices, including violations of the California
Labor Code and Fair Labor Standards Act. If you need help in
collecting unpaid overtime wages, unpaid commissions, being
wrongfully terminated from work, and other employment law claims,
contact one of their attorneys. [GN]
DAMERON HOSPITAL: Suit Filed in Cal. Super. Ct.
------------------------------------------------
A class action lawsuit has been filed against Dameron Hospital
Foundation. The case is styled as Jane Doe, individually, on behalf
of herself and on behalf of all others similarly situated v.
Dameron Hospital Foundation, d/b/a Dameron Hospital, Case No.
STK-CV-UOCT-2023-0012027 (Cal. Super. Ct., San Joaquin Cty., Nov.
14, 2023).
The case type is stated "Unlimited Civil Other Contract."
Dameron Hospital Foundation, doing business as Dameron Hospital --
http://www.dameronhospital.org/-- are an independent, fully
accredited, non-profit community hospital with specialized acute
and tertiary care.[BN]
The Plaintiff is represented by:
Vess A. Miller, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
Fax: (317) 636-2593
DRUG FREE WORKPLACES: Hill Files Suit in N.D. Florida
-----------------------------------------------------
A class action lawsuit has been filed against Drug Free Workplaces
USA LLC. The case is styled as Tara Hill, individually and on
behalf of all others similarly situated v. Drug Free Workplaces USA
LLC, Case No. 3:23-cv-24692-MCR-ZCB (N.D. Fla., Nov. 10, 2023).
The nature of suit is stated as Contract for Breach of Contract.
Drug Free Workplaces -- https://drugfreeworkplaces.com/ -- provides
policy development, program management, testing oversight, and
education/training for our clients.[BN]
The Plaintiff is represented by:
Jacob Phillips, Esq.
NORMAND LAW - ORLANDO FL
3165 McCrory Place, Suite 175
Orlando, FL 32803
Phone: (407) 603-6031
Email: jacob.phillips@normandpllc.com
The Defendant is represented by:
Glenn William Hunt, Esq.
LEWIS BRISBOIS BISGAARD SMITH - TAMPA FL
401 E Jackson Street, Suite 3400
Tampa, FL 33602
Phone: (813) 739-1962
Email: william.hunt@lewisbrisbois.com
EAST TEXAS ROOF: Fails to Pay Overtime Wages, Hopkins Suit Claims
-----------------------------------------------------------------
John Hopkins, individually and on behalf of all others similarly
situated v. East Texas Roof Works & Sheet Metal, LLC And Jimmy D.
Gordon, Case No. 6:23-cv-00633 (E.D. Tex., December 28, 2023)
arises from the Defendants' failure to pay Plaintiff and all those
similarly situated employees overtime wages.
Plaintiff Hopkins accuses the Defendants for violating the Fair
Labor Standards Act.
The Plaintiff was employed by East Texas Roof Works and was a
laborer/installer under the direct supervision of employees/owners.
He worked between 60 and 70 hours per week but he was not paid
overtime wages. The Defendants have misclassified their workers as
independent contractors and failed to pay them overtime
compensation as required by the FLSA, says the suit.
East Texas Roof Works & Sheet Metal, LLC is a roofing contractor
based in Tyler, TX. [BN]
The Plaintiff is represented by:
William S. Hommel, Jr., Esq.
HOMMEL LAW FIRM PC
5620 Old Bullard Road, Suite 115
Tyler, TX 75703
Telephone: (903) 596-7100
E-mail: bhommel@hommelfirm.com
ESTEL FOODS: Wren Sues Over Unlawful Collection of Biometric Data
-----------------------------------------------------------------
Antonya Wren, individually and on behalf of all others v. ESTEL
FOODS, INC., Case No. 3:23-cv-03638-MAB (S.D. Ill., Nov. 9, 2023),
is brought against the Defendant pursuant to the Biometric
Information Privacy Act ("BIPA") to redress and curtail Defendant's
unlawful collection, use, storage, and disclosure of Plaintiff's
sensitive and proprietary biometric data.
Estel Foods, Inc. employees are required to provide fingerprint
scans to clock in and clock out on a biometric timekeeping device.
Biometric identifiers are unique, permanent identifiers associated
with each employee. The use of biometric identifiers subjects
employees to consequential privacy risks. If a database containing
biometric data is stolen, hacked, breached, or otherwise exposed
– the employee has no means by which to prevent identity theft,
unauthorized tracking or other unlawful or improper use of this
highly personal and private information.
Estel Foods, Inc. has violated its employees' statutorily protected
privacy rights and unlawfully collects, stores, disseminates, and
uses their biometric data in violation of BIPA. Specifically,
Defendant has and continues to violate BIPA because it did not and
continues not to: Properly inform Plaintiff and others similarly
situated in writing of the specific purpose and length of time for
which their fingerprints were being collected, stored, and used, as
required by BIPA; Provide a publicly available retention schedule
and guidelines for permanently destroying Plaintiff's and other
similarly-situated individuals' fingerprints, as required by BIPA;
Receive a written release from Plaintiff and others similarly
situated to collect, store, or otherwise use their fingerprints, as
required by BIPA; and Obtain consent from Plaintiff and others
similarly situated to disclose, redisclose, or otherwise
disseminate their fingerprints to a third party as required by
BIPA, says the complaint.
The Plaintiff began worked for the Defendant in or about November
2019.
Estel Foods, Inc. operates a number of McDonald's franchises in
Illinois.[BN]
The is represented by:
Charles Jason Brown, Esq.
Jayson A. Watkins, Esq.
BROWN & WATKINS LLC
301 S. US 169 Hwy
Gower, MO 64454
Phone: 816-424-1390
Fax: 816-424-1337
Email: brown@brownandwatkins.com
watkins@brownandwatkins.com
FABY'S BEVERAGE: Faces Garcia Suit Over Nonpayment of Proper Wages
------------------------------------------------------------------
BILLY JOEL ZEGARRA GARCIA, individually and on behalf of all others
similarly situated, Plaintiff v. FABY'S BEVERAGE, INC. d/b/a
THRIFTY BEVERAGE and FATAYI ALIYU, as an individual, Defendants,
Case No. 2:23-cv-09528 (E.D.N.Y., December 28, 2023) seeks to
recover damages for Defendants' alleged violations of the Fair
Labor Standards Act and the New York Labor Law.
Plaintiff Billy Joel Zegarra was employed by the Defendant as a
segregator and organizer. He regularly worked six days per week or
more than 40 hours a week from in or around September 2021 until in
or around December 2021 and from in or around March 2022 until
present. However, the Defendant failed to pay him the legally
prescribed minimum and overtime wages for all his hours worked
throughout his employment, says the suit.
Faby's Beverage, Inc. d/b/a Thrifty Beverage, is a New York
domestic business corporation, organized under the laws of the
State of New York with principal executive offices and service of
process address located at 111 Scotch Pine Drive, Islandia, NY.
[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
FIRESTORM WILDLAND: Garcia Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------------
Alberto Garcia, individually, and on behalf of all similarly
aggrieved employees and the putative class v. FIRESTORM WILDLAND
FIRE SUPPRESSION, INC., a California corporation; and DOES 1
through 25, inclusive, Case No. 23CV03195 (Cal. Super. Ct., Butte
Cty., Nov. 16, 2023), is brought under the California Labor Code
Private Attorneys General Act of 2004, California Labor Code
sections 2698, et seq. ("PAGA") and the California Industrial
Welfare Commission ("IWC") Wage Order against Defendants for their
knowingly wrongful conduct with respect to current and former
employees of failing to pay all minimum wages and overtime wages.
The Plaintiff alleges causes of action against Defendants for:
failure to pay certain wages at the statutorily required rate(s),
including but not limited to overtime wages, minimum wages, meal
break premium wages, and rest break period premium wages; failure
to provide meal breaks and missed meal break premiums to their
current and former employees; failure to provide rest breaks and
missed rest break premiums to their current and former employees;
failure to provide complete and accurate wage statements to their
current and former employees; failure to provide timely wages
during employment and after termination; failure to reimburse
current and former employees for necessary business related
expenses; unfair business practices based on the foregoing; and
civil penalties under The Private Attorney General Act of 2004
("PAGA") and derivative or related claims for violations of the
Labor Code and the Industrial Welfare Commission Wage Orders, says
the complaint.
The Plaintiff worked for the Defendants from March 2022 through
August 2022 as a firefighter.
FIRESTORM WILDLAND FIRE SUPPRESSION, INC., was an employer whose
employees are engaged throughout Butte County and the State of
California.[BN]
The Plaintiff is represented by:
Jonathan M. Genish, Esq.
Karen I. Gold, Esq.
Marissa A. Mayhood, Esq.
BLACKSTONE LAW, APC
8383 Wilshire Boulevard, Suite 745
Beverly Hills, CA 9021 1
Phone: (310) 622-4278
Email: jgenish@blackstonepc.com
kgold@blackstonepc.com
mmayhood@blackstonepc.com
GLAD PRODUCTS: Keirsted Sued Over Mislabeled Recycling Bags
-----------------------------------------------------------
WENDY KEIRSTED, individually and on behalf of all others similarly
situated, Plaintiff v. THE GLAD PRODUCTS COMPANY; and THE CLOROX
COMPANY, Defendants, Case No. 6:23-cv-02472-PGB-DCI (M.D. Fla.,
Dec. 26, 2023) alleges that the Defendants made false and deceptive
labeling and statements on the Glad Recycling bags which were
suitable for recycling.
According to the complaint, the Plaintiff purchased the Glad
Recycling Trash Bags from a local retailer. Prior to her purchase,
the Plaintiff saw and reviewed the Defendants' advertising claims
on the packaging and labeling itself, and she made her purchase of
the trash bags in reliance thereon. Plaintiff specifically relied
upon representations made by Defendant that the Glad Recycling bags
were suitable for recycling. Plaintiff did not receive the promised
benefits or receive the full value of her purchase.
By selling the Products nationwide with the false name "Recycling,"
other misrepresentations and accompanying deceptive imagery,
Defendants mislead reasonable consumers to believe that the
Products are both recyclable and fit for municipal use throughout
Florida and the United States. As a result, consumers pay an
unwarranted premium for the Products based on their perceived
recyclability, reasonably believing that they are making a
sustainable choice and a positive environmental impact, says the
suit.
THE GLAD PRODUCTS COMPANY manufactures food storage containers and
trash bags. The Company offers kitchen trash, plastic wrap,
containers, food bags, and other related products. [BN]
The Plaintiff is represented by:
William C. Wright, Esq.
THE WRIGHT LAW OFFICE
515 N. Flagler Drive Suite P-300
West Palm Beach, FL 33410
Telephone: (561) 514-0904
Email: willwright@wrightlawoffice.com
HCA HEALTHCARE: Crown Suit Transferred to M.D. Tennessee
--------------------------------------------------------
The case captioned as Elizabeth Crown, individually and on behalf
of all others similarly situated v. HCA Healthcare, Inc., Case No.
2:23-cv-01871 was transferred from the U.S. District Court for the
District of Nevada, to the U.S. District Court for the Central
District of California on Nov. 17, 2023.
The District Court Clerk assigned Case No. 3:23-cv-01254 to the
proceeding.
The nature of suit is stated as Other P.I.
HCA Healthcare -- https://hcahealthcare.com/ -- is an American
for-profit operator of health care facilities that was founded in
1968.[BN]
The Plaintiff is represented by:
Michael Kind, Esq.
KIND LAW
8860 S. Maryland Parkway, Suite 106
Las Vegas, NV 89123
Phone: (702) 337-2322
Fax: (702) 329-5881
Email: mk@kindlaw.com
The Defendant is represented by:
Joshua M. Dickey, Esq.
Paul C. Williams, Esq.
BAILEY KENNEDY
8984 Spanish Ridge Avenue
Las Vegas, NV 89148-1302
Phone: 702.562.8820
Facsimile: 702.562.8821
Email: JDickey@BaileyKennedy.com
PWilliams@BaileyKennedy.com
HERSHEY CO: Kelly Sues Over Mislabeled Reese's Peanut Butter
------------------------------------------------------------
Cynthia Kelly, on behalf of herself and all other similarly
situated individuals, Plaintiff v. The Hershey Company, Defendant,
Case No. 8:23-cv-02977 (M.D. Fla., December 28, 2023) arises from
the Defendant's false and deceptive marketing of Reese's Peanut
Butter product.
The class action challenges Hershey for falsely representing
several Reese's Peanut Butter products as containing explicit
carved out artistic designs when there are no such carvings in the
actual products.
Headquartered in Pennsylvania, The Hershey Company is one of the
largest chocolate manufacturers in the world. [BN]
The Plaintiff is represented by:
Anthony J. Russo, Esq.
ANTHONY J. RUSSO, JR., P.A. D/B/A THE RUSSO FIRM
301 West Atlantic Avenue, Suite 0-2
Delray Beach, FL 33444
Telephone: (844) 847-8300
E-mail: anthony@therussofirm.com
HILB GROUP OPERATING: Tiller Files Suit in E.D. Virginia
--------------------------------------------------------
A class action lawsuit has been filed against The Hilb Group
Operating Company, LLC. The case is styled as Leigh Tiller,
individually and on behalf of all others similarly situated v. The
Hilb Group Operating Company, LLC, Case No. 3:23-cv-00759-JAG (E.D.
Va., Nov. 10, 2023).
The nature of suit is stated as Other P.I. for Tort/Non-Motor
Vehicle.
The Hilb Group LLC -- https://www.hilbgroup.com/ -- provides
insurance and risk management services. The Company specializes in
property, casualty, benefits operations, marketing, acquisitions,
and integration.[BN]
The Plaintiff is represented by:
Courtney Weiner, Esq.
LAW OFFICE OF COURTNEY WEINER PLLC
1629 K St., NW, Suite 300
Washington, DC 20006
Phone: (202) 827-9980
Fax: (202) 792-7806
Email: cw@courtneyweinerlaw.com
The Defendants are represented by:
Michael A. Zito, Esq.
SHOOK HARDY & BACON LLP (DC)
1800 K Street NW, Suite 1000
Washington, DC 20006
Phone: (202) 783-8400
Email: mzito@shb.com
HYPHEN LLC: Childs Files RICO Suit in M.D. Georgia
--------------------------------------------------
A class action lawsuit has been filed against HYPHEN LLC, et al.
The case is styled as Kimberly Childs, on behalf of herself and all
other similarly situated v. HYPHEN LLC doing business as: HELIX
FINANCIAL, LEAD BANK, Case No. 1:23-cv-00197-LAG (M.D. Ga., Nov.
15, 2023).
The nature of suit is stated as Racketeer/Corrupt Organization for
Racketeering (RICO) Act.
HYPHEN LLC doing business as Helix Financial --
https://helixfi.com/ -- is a leading provider of financial software
systems and know-how to the dealer, asset management, securities
lending, banking and insurance communities.[BN]
The Plaintiff is represented by:
Ariana Kiener, Esq.
Eleanor Michelle Drake, Esq.
JOHN ALBANESE
1229 Tyler St Ne, Ste 205
Minneapolis, MN 55413
Phone: (612) 666-3066
Email: akiener@bm.net
emdrake@bm.net
jalbanese@bm.net
- and -
Charles E. Cox, Jr., Esq.
PO BOX 67
Macon, GA 31202-0067
Phone: (478) 757-2990
Fax: (478) 757-2991
Email: charles@cecoxjr.com
The Defendant is represented by:
Kurt M. Rozelsky, Esq.
27 Cleveland St., Ste. 201
Greenville, SC 29601
Phone: (864) 695-5200
Fax: (864) 695-5201
Email: krozelsky@spencerfane.com
Corrie Elizabeth Hall, Esq.
Susan Elizabeth Hall, Esq.
231 Riverside Dr., Ste. 100
Macon, GA 31201
Phone: (478) 749-9949
Fax: (478) 742-8720
Email: chall@jamesbatesllp.com
ehall@jamesbatesllp.com
INTELLIGENT SCM: Williams Files Suit in D. New Jersey
-----------------------------------------------------
A class action lawsuit has been filed against Intelligent SCM, LLC.
The case is styled as Bruce Williams, Robyn Williams, Tim Lundt, on
behalf of themself and all others similarly situated v. Intelligent
SCM, LLC doing business as: Horizon Entertainment Cargo, Case No.
2:23-cv-22459-SDW-JRA (D.N.J., Nov. 17, 2023).
The nature of suit is as Other Personal Property for Tort/Non-Motor
Vehicle.
iSCM -- http://intelligentscm.com/-- offers financial backing and
comprehensive support to focus on core businesses without
distractions.[BN]
The Plaintiffs are represented by:
Matthew D. Schelkopf, Esq.
SAUDER SCHELKOPF LLC
1109 Lancaster Avenue
Berwyn, PA 19312
Phone: (610) 200-0580
Email: mds@sstriallawyers.com
The Defendant is represented by:
Laura Ellen Sedlak, Esq.
SILLS CUMMIS & GROSS P.C.
One Riverfront Plaza
Newark, NJ 07102
Phone: (973) 643-4286
Email: lsedlak@sillscummis.com
JEFFERSON CAPITAL: Martinez FDCPA Suit Removed to D. New Jersey
---------------------------------------------------------------
The case styled as Luis Martinez, on behalf of himself and all
others similarly situated v. Jefferson Capital Systems, LLC, JOHN
DOES 1-25, Case No. PAS-L-002224-23 was removed from the Superior
Court Passaic County, to the U.S. District Court for the District
of New Jersey on Nov. 15, 2023.
The District Court Clerk assigned Case No. 2:23-cv-22367-JKS-JSA to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Jefferson Capital Systems, LLC -- https://www.jcap.com/ -- is a
debt collector.[BN]
The Plaintiff is represented by:
Joseph K. Jones, Esq.
JONES, WOLF & KAPASI, LLC
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Phone: (973) 227-5900
Fax: (973) 244-0019
Email: jkj@legaljones.com
The Defendants are represented by:
Aaron Raphael Easley, Esq.
SESSIONS, ISRAEL& SHARTLE, LLC
3 Cross Creek Drive
Flemington, NJ 08822
Phone: (908) 237-1660
Fax: (908) 237-1663
Email: aeasley@sessions.legal
JOHNSON & JOHNSON: Lewis Suit Transferred to E.D. New York
----------------------------------------------------------
The case captioned as Thomas Lewis, Dena Fichot, individually and
on behalf of all others similarly situated v. Johnson & Johnson
Consumer, Inc., Kenvue Inc., Johnson & Johnson, Case No.
3:23-cv-20816 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-09301-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
JP MORGAN: Ascension Law Files Suit in C.D. California
------------------------------------------------------
A class action lawsuit has been filed against JPMorgan Chase Bank,
National Association. The case is styled as Ascension Law Group, PC
a California corporation and on behalf of all others similarly
situated v. JPMorgan Chase Bank, National Association, Case No.
8:23-cv-02099-JWH-ADS (C.D. Cal., Nov. 8, 2023).
The nature of suit is stated as Negotiable Instrument for Breach
Contract.
JPMorgan Chase Bank, National Association --
https://www.jpmorganchase.com/ -- operates as a bank. The Company
offers planning, advice, investing, lending, and banking
services.[BN]
The Plaintiff is represented by:
Pamela Tsao, Esq.
ASCENSION LAW GROUP
12341 Newport Avenue Suite B200
Santa Ana, CA 92705
Phone: (714) 783-4220
Fax: (888) 505-1033
Email: pamela.tsao@ascensionlawgroup.com
KOWALSKI'S HOLDINGS: Dalton Files ADA Suit in D. Minnesota
----------------------------------------------------------
A class action lawsuit has been filed against Kowalski's Holdings
Inc. The case is styled as Julie Dalton, individually and on behalf
of all others similarly situated v. Kowalski's Holdings Inc. doing
business as: Kowalski's Market, Case No. 0:23-cv-03404-JRT-DLM (D.
Minn., Nov. 6, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kowalski's Markets -- https://www.kowalskis.com/ -- is an American
supermarket operator, headquartered in Woodbury, Minnesota.[BN]
The Plaintiff is represented by:
Jason D. Gustafson, Esq.
Patrick W. Michenfelder, Esq.
THRONDSET MICHENFELDER, LLC
One Central Avenue West, Suite 203
St. Michael, MN 55376
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
pat@throndsetlaw.com
The Defendant is represented by:
Joseph M Windler, Esq.
WINTHROP & WEINSTINE, P.A.
225 S. Sixth Street, Suite 3500
Minneapolis, MN 55402-4629
Phone: (612) 604-6646
Fax: (612) 604-6846
Email: jwindler@winthrop.com
LUMIO HX INC: Pinn Sues Over Unsolicited Telemarketing Calls
------------------------------------------------------------
Kelly Pinn, individually and on behalf of all others similarly
situated v. LUMIO HX, INC. d/b/a LUMIO, Case No. 4:23-cv-01138-P
(N.D. Tex., Nov. 11, 2023), is brought against Lumio for violations
of the Telephone Consumer Protection Act ("TCPA") for making
telemarketing calls to numbers on the National Do Not Call
Registry, including her own.
Telemarketing calls are intrusive. A great many people object to
these calls, which interfere with their lives, tie up their phone
lines, and cause confusion and disruption on phone records. Faced
with growing public criticism of abusive telephone marketing
practices, Congress enacted the Telephone Consumer Protection Act
of 1991.
The Plaintiff never consented to receive calls from Defendant.
Plaintiff Pinn never did business with Lumio. Despite this,
Plaintiff received automated calls from Lumio as part of a
telemarketing campaign, on June 20, 2023, July 5, 2023, July 18,
2023, and August 11, 2023.
Thereafter, on July 21, 2023, Plaintiff requested to be placed on
Lumio's Do Not Call List for the third time. Despite this clear
revocation of any consent and indication not to be contacted, on
August 11, 2023, Plaintiff received a call from the telephone
number 862-362-5001. The caller left a voicemail, wherein call
center noise can be heard, including a portion of the script used
in the previous calls. The calls were unwanted, so Plaintiff did
not answer several of the calls. During the calls, the caller asked
Plaintiff to ensure she had a sufficiently high electric bill and
also asked about the Plaintiff's credit score. The calls offered
the Defendant's solar panels.
The Defendant is not registered as a telephone solicitor with the
Texas Secretary of State. Plaintiff's privacy has been violated by
the telemarketing calls. Plaintiff never provided her consent or
requested these calls, says the complaint.
The Plaintiff is an individual who resides in this District and
Division.
Lumio HX, Inc., Inc. is a Delaware corporation that has its places
of business in Dallas, Texas and Lehi, Utah.[BN]
The Plaintiff is represented by:
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Phone: (617) 485-0018
Facsimile: (508) 318-8100
Email: anthony@paronichlaw.com
- and -
Katherine Hendler Fayne, Esq.
KATHERINE FAYNE LAW PLLC
6301 Gaston Avenue, Suite 1128
Dallas, TX 75214
Phone: (214) 770-1322
Email: katherine@katherinefaynelaw.com
MCDONALD'S CORP: Charges Extra for Orange Juice in Breakfast Combo
------------------------------------------------------------------
topclassactions.com reports that McDonald's is facing a class
action lawsuit saying that it advertises orange juice as part of
its breakfast combos but then adds a surcharge for meals that
include juice.
McDonald's doesn't inform customers on its menu board that the
juice will cost more, the breakfast combos lawsuit says.
The McDonald's policy on juice surcharges violates state consumer
protection laws, is a breach of contract, is negligent
misrepresentation and results in unjust enrichment for the company,
the class action claims.
"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 McDonald's breakfast combos lawsuit says.
Menu board doesn't include asterisk or notation of special OJ
upcharge pricing
Despite the McDonald's breakfast combos having a photo of orange
juice included, there is no asterisk or notification that special
pricing applies to ordering juice with the meal, the lawsuit
claims.
The only time that the juice surcharge is disclosed to the consumer
is on the receipt after payment for the meal is made, the
McDonald's breakfast meal lawsuit says.
"Plaintiff alleges she was never informed of a surcharge by any
McDonald's representative and never paid attention to the receipt,
because she believed that McDonald's, as likely the largest
fast-food chain in the world, wouldn't try to hide a fee," the
McDonald's class action says.
A federal judge in New York tossed a class action lawsuit in
October accusing fast food burger chains McDonald's and Wendy's of
using advertisements to mislead consumers about the actual size of
their burger patties.
Have you purchased a McDonald's breakfast meal including orange
juice? Let us know in the comments.
The plaintiff is represented by Cameron Nazemi of CWN Inc.
The McDonald's orange juice class action lawsuit is Meyers, et al.
v. McDonald's Corp., et al., Case No. 5:23-cv-00883, in the U.S.
District Court for the Central District of California. [GN]
MIDDLE EAST BAKERY: Perez Files Suit in C.D. California
-------------------------------------------------------
A class action lawsuit has been filed against Middle East Bakery,
Inc. The case is styled as Tafoya Perez, on behalf of himself and
all others similarly situated v. Middle East Bakery, Inc. doing
business as: Joseph's Bakery, Case No. 5:23-cv-02326-JGB-SP (C.D.
Cal., Nov. 13, 2022).
The nature of suit is stated as Other Fraud.
Middle East Bakery, Inc., doing business as Joseph'S Bakery --
https://www.josephsbakery.com/ -- is family owned and operated
flatbread company.[BN]
The Plaintiff is represented by:
James R. Denlea, Esq.
Jeffrey I. Carton, Esq.
Stanislav Sharovskiy, Esq.
DENLEA AND CARTON LLP
2 Westchester Park Drive, Suite 410
White Plains, NY 10604
Phone: (914) 331-0100
Fax: (914) 331-0105
Email: jdenlea@denleacarton.com
jcarton@denleacarton.com
ssharovskiy@denleacarton.com
- and -
Michael D. Braun, Esq.
KUZYK LAW LLP
2121 Avenue of the Stars, Suite 800
Los Angeles, CA 90067
Phone: (213) 401-4100
Fax: (213) 401-0311
Email: mdb@kuzykclassactions.com
The Defendant is represented by:
Sascha V.M. Henry, Esq.
Khirin Attila Joseph Bunker, Esq.
SHEPPARD MULLIN RICHTER AND HAMPTON LLP
333 South Hope Street 43rd Floor
Los Angeles, CA 90071-1442
Phone: (213) 620-1780
Fax: (213) 620-1398
Email: shenry@sheppardmullin.com
kbunker@sheppardmullin.com
MIDLAND CREDIT: Qamunga Files FDCPA Suit in D. Minnesota
--------------------------------------------------------
A class action lawsuit has been filed against Midland Funding, LLC,
et al. The case is styled as Banjelister Qamunga, on behalf of
herself and all others similarly situated v. Midland Funding LLC,
Messerli & Kramer P.A., Case No. 0:23-cv-03513-JRT-TNL (D. Minn.,
Nov. 14, 2023).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Midland Funding LLC (MCM) -- https://www.midlandfunding.com/ -- is
a subsidiary of Encore Capital Group and connects with consumers
every day to help resolve past-due debts.[BN]
The Plaintiff is represented by:
Carl E. Christensen, Esq.
CHRISTENSEN LAW OFFICE PLLC
305 Fifth Avenue North, Suite 375
Minneapolis, MN 55401
Phone: (612) 823-4016
Fax: (612) 823-4777
Email: carl@clawoffice.com
- and -
Carter B. Lyons, Esq.
Thomas J. Lyons, Jr., Esq.
CONSUMER JUSTICE CENTER P.A.
367 Commerce Court
Vadnais Heights, MN 55127
Phone: (612) 770-4221
Fax: (651) 704-0907
Email: carter@consumerjusticecenter.com
tommy@consumerjusticecenter.com
- and -
Christopher Wilcox, Esq.
CHRISTENSEN LAW OFFICE
305 Fifth Avenue North, Suite 375
Minneapolis, MN 55401
Phone: (612) 823-3831
Email: chris@clawoffice.com
The Defendant is represented by:
Kiralyn Locke, Esq.
Patrick D. Newman, Esq.
BASSFORD REMELE PA
100 South 5th Street, Suite 1500
Minneapolis, MN 55402
Phone: (612) 376-1631
Fax: (612) 333-8829
Email: klocke@bassford.com
pnewman@bassford.com
- and -
Derrick N. Weber, Esq.
Stephanie Shawn Lamphere, Esq.
MESSERLI & KRAMER
3033 Campus Drive Ste 250
Plymouth, MN 55441
Phone: (763) 548-7942
Email: dweber@messerlikramer.com
slamphere@messerlikramer.com
NATIONAL STUDENT: Evangelista Files Suit in E.D. Virginia
---------------------------------------------------------
A class action lawsuit has been filed against National Student
Clearinghouse, et al. The case is styled as Michael Evangelista,
individually and on behalf of himself and all others similarly
situated v. National Student Clearinghouse, Progress Software
Corporation, Case No. 1:23-cv-01499-LMB-JFA (E.D. Va., Nov. 3,
2023).
The nature of suit is stated as Other P.I. for Tort/Non-Motor
Vehicle.
The National Student Clearinghouse --
https://www.studentclearinghouse.org/ -- is an educational
nonprofit that provides educational reporting, verification, and
research services to North American colleges and universities. NSC
has a nationwide network of ~3,600 colleges, representing 97
percent of postsecondary enrollment.[BN]
The Plaintiffs are represented by:
Charles Williams, Esq.
WILLIAMS & SKILLING PC
4801 Radford Avenue, Suite A
Richmond, VA 23230
Phone: (804) 447-0307
Fax: (804) 447-0367
Email: cwilliams@williamsandskilling.com
NAVY FEDERAL: Hicks and Hopper Sue Over Lending Discrimination
--------------------------------------------------------------
KRISTOFFER HICKS and MASHEEHA HOPPER on behalf of themselves and
all others similarly situated, Plaintiffs v. NAVY FEDERAL CREDIT
UNION and DOES 1-20, Defendants, Case No. 1:23-cv-01798 (E.D. Va.,
December 28, 2023) alleges discrimination against African
Americans, Latinos, Native Americans and other racial minorities by
denying mortgage applications that would have been approved for
similarly situated white Americans.
Both Plaintiffs were allegedly victims of Defendants'
discriminatory lending practices. Now, Plaintiffs seeks all
available relief for the Defendants' unlawful conduct, says the
suit.
Headquartered in Vienna, VA, Navy Federal Credit Union is the
largest credit union in the country, with over $165 billion in
assets, over 13 million members, and over 14,000 employees. [BN]
The Plaintiffs are represented by:
Peter Silva, Esq.
Glenn Chappell, Esq.
Hassan Zavareei, Esq.
Andrea Gold, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue, NW, Suite 1010
Washington, DC 20006
Telephone: (202) 973-0900
Facsimile: (202) 973-0950
E-mail: psilva@tzlegal.com
gchappell@tzlegal.com
hzavareei@tzlegal.com
agold@tzlegal.com
- and -
Wesley M. Griffith, Esq.
Cort Carlson, Esq.
TYCKO & ZAVAREEI LLP
1970 Broadway, Suite 1070
Oakland, CA 94612
Telephone: (510) 254-6808
Facsimile: (202) 973-0950
E-mail: wgriffith@tzlegal.com
carlson@tzlegal.com
NEW YORK STATE VETERANS: Hanel Files Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against New York State
Veterans Home at St. Albans. The case is styled as Louise Loria
Hanel, Yvonne Maria Parson as Executor of the Estate of James L.
Hutcherson, Sr., for themselves and on behalf of all others
similarly situated v. New York State Veterans Home at St. Albans
also known as: NYS Veterans Home in NYC, Case No.
1:23-cv-08213-FB-CLP (E.D.N.Y., Nov. 3, 2023).
The nature of suit is stated as Other Civil Rights for the Civil
Rights Act.
New York State Veterans Home at St. Albans is a veterans'
organization in New York.[BN]
The Plaintiffs are represented by:
Charles Williams, Esq.
WILLIAMS & SKILLING PC
4801 Radford Avenue, Suite A
Richmond, VA 23230
Phone: (804) 447-0307
Fax: (804) 447-0367
Email: cwilliams@williamsandskilling.com
OKCOIN USA INC: Wilhelm Suit Removed to N.D. Illinois
-----------------------------------------------------
The case styled as Candice Wilhelm, individually and on behalf of
all others similarly situated v. OKCoin USA Inc., Case No.
2023CH08566 was removed from the Cook County Circuit Court,
Illinois, to the U.S. District Court for the Northern District of
Illinois on Nov. 3, 2023.
The District Court Clerk assigned Case No. 4:23-cv-01605-SRC to the
proceeding.
The nature of suit is stated as Other P.I.
Okcoin -- https://www.okcoin.com/ -- is a secure cryptocurrency
exchange which makes it easy buy Bitcoin, Ethereum, Dogecoin, and
other crypto.[BN]
The Plaintiff is represented by:
Michael L. Fradin, Esq.
8 N. Court St., Suite 403
Athens, OH 45701
Phone: (847) 986-5889
Email: mike@fradinlaw.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin Street
Chagrin Falls, OH 44022
Phone: (216) 816-8696
Email: james@simonsayspay.com
The Defendant is represented by:
Scott Tadashi Sakiyama, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
353 N. Clark St., Ste. 3600
Chicago, IL 60654
Phone: (312) 924-9800
Email: ssakiyama@orrick.com
ONE STOP COLLISION: Jimenez Sues Over Unlawful Labor Practices
--------------------------------------------------------------
CHRISTOPHER JIMENEZ, Plaintiff, v. ONE STOP COLLISION CENTER INC.
d/b/a ONE STOP AUTOMOTIVE & COLLISION, KRISTOPHER KOERNER, KEVIN
SQUIRES, KEITH SQUIRES a/k/a SKEETER SQUIRES and MESIAH SQUIRES,
Defendants, Case No. 2:23-cv-09566 (E.D.N.Y., December 28, 2023) is
a class action seeking to recover damages for discrimination and
subjecting Plaintiff to a hostile work environment based on his
race/ethnicity and for retaliation in violation of Section 1981 of
the Civil Rights Act of 1966 as well as alleges violations of the
New York State Human Rights Law, the Fair Labor Standards Act, and
the New York Labor Law Articles 6 and 19, and the supporting New
York State Department of Labor Regulations.
The Defendants employed Plaintiff as a driver and laborer from on
or about June 14, 2023 until on or about June 23, 2023. Throughout
Plaintiff's employment, despite working in excess of forty hours
during at least one workweek, Defendants failed to pay Plaintiff at
the statutorily required overtime rate of one and one-half times
his regular rate of pay or the applicable minimum wage, whichever
is greater, for his hours worked in excess of 40 hours, in
violation of the FLSA and NYLL. Among other things, the Defendants
also failed to provide Plaintiff with accurate statements of his
wages earned, including his correct overtime rate of pay, his
correct amount of regular and overtime hours worked, and his
correct gross wages, net wages, and deductions, for each pay period
as required by NYLL, says the suit.
One Stop Collision Center Inc. d/b/a One Stop Automotive &
Collision is and was a domestic business corporation with a
principal place of business located at 211 East Medford Ave.,
Patchogue, NY. [BN]
The Plaintiff is represented by:
David D. Barnhorn, Esq.
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 277
Hauppauge, NY 11788
Telephone: (631) 257-5588
PROGRESS SOFTWARE: Faces George Suit Over Private Data Breach
-------------------------------------------------------------
LAQUESHA GEORGE and TATIANNA GEORGE, individually and on behalf of
all others similarly situated, Plaintiffs v. PROGRESS SOFTWARE
CORPORATION; WELLTOK, INC.; and CHI HEALTH - NE, Defendants, Case
No. 8:23-cv-00568 (D. Neb., December 28, 2023) arises from the
Defendants' failure to properly secure and safeguard personally
identifiable information and private health information and seeks
redress for Defendants' unlawful conduct and assert claims for
negligence; negligence per se; breach of third-party beneficiary
contract; unjust enrichment; and declaratory judgment.
In or around December 1, 2023, the Plaintiffs received a letter
from Welltok informing them that their sensitive private
information were impacted in the data breach that began on May 27,
2023 and was done by the Russian cyber gang Clop. Moreover, the
Defendants negligently maintained Plaintiffs' and Class Members'
private information, which allowed unauthorized cybercriminals to
access and exfiltrate the private information through the data
breach, says the suit.
Progress Software Corporation is a Massachusetts based software
company that offers a wide range of software products and services
to corporate and governmental entities throughout the United States
and the world, including cloud hosting and secure file transfer
services such as MOVEit. [BN]
The Plaintiffs are represented by:
Joseph M. Lyon, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
E-mail: jlyon@thelyonfirm.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
- and -
Charles Schaffer, Esq.
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: cschaffer@lfsblaw.com
nelia@lfsblaw.com
PROLIANT GROUP: Alvarez Sues Over Unpaid Minimum, Overtime Wages
----------------------------------------------------------------
Angela Alvarez, an individual, on behalf of herself, all aggrieved
employees, and the State of California as a Private Attorneys
General v. PROLIANT GROUP, INC., a California Corporation, PROLIANT
SERVICES, INC. a California corporation, and DOES 1-50, inclusive,
California corporation, and DOES 1-50, inclusive, Case No.
23STCV29689 (Cal. Super. Ct., Los Angeles Cty., Dec. 4, 2023), is
brought under the Cal. Labor Code, including the Private Attorney
General Act ("PAGA") as a result of the Defendants' failed to
comply with California Labor Code requirements due to erroneous,
willful and intentional employment practices and policies.
The Defendants have had a consistent policy and/or practice of:
failing to pay for all hours worked, including overtime hours
worked; failing to pay minimum wage; failing to include all
earnings in regular rate of pay to calculate overtime and penalty
wages; failing to pay all wages owed twice per month; failing to
provide rest breaks; failing to provide uninterrupted meal breaks;
failing to reimburse for required business expenses; failing to pay
wages due upon termination; day of rest violations; failing to
provide reporting time pay; failing to provide accurate itemized
wage statements; and unlawful agreements. Defendants are therefore
liable for civil penalties under the Cal. Labor Code, including the
PAGA, says the complaint.
The Plaintiff worked for the Defendants as an hourly, non-exempt
employee until December 31, 2022.
The Defendants provide security services to locations throughout
Southern California.[BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (213) 761-5484
Facsimile: (818) 561-3938
Email: nazo@koullaw.com
PROSPECT MEDICAL: Pratcher Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Latoya Pratcher, individually and on behalf
of all others similarly situated v. PROSPECT MEDICAL HOLDINGS,
INC.; SOUTHERN CALIFORNIA HEALTHCARE SYSTEM, INC.; and DOE
DEFENDANTS 1-100, Case No. 23STCV25039 was removed from the
Superior Court of the State of California, County of Los Angeles,
to the U.S. District Court for the Central District of California
on Nov. 9, 2023, and assigned Case No. 2:23-cv-09508-SB-SSC.
The Plaintiff bases her claims on alleged violations of California
law. Specifically, Plaintiff claims the following: violations of
the Confidentiality of Medical Information Act, California Civil
Code; breach of California Security Notification Laws; unlawful and
unfair business acts and practices in violation of California
Business & Professions Code; negligence; and breach of implied
contract.[BN]
The Defendants are represented by:
Cyndie M. Chang, Esq.
DUANE MORRIS
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017-5450
Phone: +1 213 689 7400
Fax: +1 213 689 7401
Email: cmchang@duanemorris.com
- and -
Luke P. McLoughlin, Esq.
Alan C. Kessler, Esq.
Lauren E. Pugh, Esq.
DUANE MORRIS LLP
30 South 17th Street
Philadelphia, PA 19103
Email: mpmcloughlin@duanemorris.com
akessler@duanemorris.com
lpugh@duanemorris.com
PROSPECT MEDICAL: Schaefer Sues Over Failure to Secure PII & PHI
----------------------------------------------------------------
Emma Schaefer, on behalf of herself and on behalf of all others
similarly situated v. PROSPECT MEDICAL HOLDINGS, INC., Case No.
2:23-cv-09511-MCS-PD (C.D. Cal., Nov. 9, 2023), is brought against
Defendant for its failure to properly secure and safeguard
personally identifiable information ("PII") including, but not
limited to full names, Social Security numbers, addresses, dates of
birth, driver's license numbers, financial information, and
protected health information ("PHI"), including diagnosis
information, lab results, prescription information, treatment
information, health insurance information, claims information, and
medical record numbers (collectively, PII and PHI are "Private
Information" or "Personal Information").
To provide these services, and in the ordinary course of
Defendant's business, Defendant acquires, possesses, analyzes, and
otherwise utilizes Plaintiff's and Class Members' Private
Information. As a corporation doing business in California and
having employees and customers in California, Defendant is legally
required to protect personal information from unauthorized access,
disclosure, theft, exfiltration, modification, use, or
destruction.
With this action, Plaintiff seeks to hold Defendant responsible for
the harms it caused and will continue to cause Plaintiff and
hundreds of thousands of other similarly situated persons in a
massive and preventable cyberattack. Between July 31, 2023 and
August 3, 2023, cybercriminals infiltrated Defendant's inadequately
protected network servers and accessed and exfiltrated highly
sensitive Private Information belonging to Plaintiff and Class
Members which was being kept unprotected and unencrypted (the "Data
Breach").
The Plaintiff further seeks to hold Defendant responsible for not
ensuring it maintained the Private Information in a manner
consistent with industry standards. On September 29, 2023,
Defendant notified state Attorneys General and many Class Members
about the widespread Data Breach (the "Notice Letter").
While Defendant claims to have discovered the Data Breach as early
as August 3, 2023, Defendant did not begin informing victims of the
Data Breach until September 29, 2023, nearly two months later.
Indeed, Plaintiff and Class Members were wholly unaware of the Data
Breach until they received Notice Letters from Defendant. During
this time, Plaintiff and Class Members were unaware that their
sensitive Private Information had been compromised, and that they
were, and continue to be, at significant risk of identity theft and
various other forms of personal, social, and financial harm.
By acquiring, utilizing, and benefiting from Plaintiff's and Class
Members' Private Information for its business purposes, Defendant
owed or otherwise assumed common law, contractual, and statutory
duties that extended to Plaintiff and Class Members. These duties
required Defendant to design and implement adequate data security
systems to protect Plaintiff's and Class Members' Private
Information in its possession and to keep Plaintiff's and Class
Members' Private Information confidential, safe, secure, and
protected from unauthorized disclosure, access, dissemination, or
theft.
The Defendant breached these duties by failing to implement
adequate data security measures and protocols to properly safeguard
and protect Plaintiff's and Class Members' Private Information from
a foreseeable cyberattack on its systems that resulted in the
unauthorized access and theft of Plaintiff's and Class Members'
Private Information, says the complaint.
The Plaintiff is an adult individual and a resident and citizen of
the state of California, residing in Woodland Hills, California.
The Defendant is a large medical group that provides health care
services in the states of California, Connecticut, Pennsylvania,
Texas, and Rhode Island.[BN]
The Plaintiff is represented by:
M. Anderson Berry, Esq.
Gregory Haroutunian, Esq.
CLAYEO C. ARNOLD A PROFESSIONAL CORPORATION
6200 Canoga Avenue, Suite 375
Woodland Hills, CA 91367
Phone: (747) 777-7748
Fax: (916) 924-1829
Email: aberry@justice4you.com
gharoutunian@justice4you.com
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
QI XIN: Yam Files Suit in S.D. New York
---------------------------------------
A class action lawsuit has been filed against Qi Xin. The case is
styled as Wanglap Yam, Individually and on behalf of all others
similarly situated v. Qi Xin also known as: Brandon Qi, China
Summit Capital, LLC, Case No. 0:23-cv-62396-RLR (S.D.N.Y., Nov. 6,
2023).
The nature of suit is stated as Other Fraud for Racketeering (RICO)
Act.
China Summit Capital is a private equity fund management firm that
specializes in technological innovation.[BN]
The Plaintiff is represented by:
Mark Hammervold, Esq.
HAMMERVOLD PLC
1758 N. Artesian Ave.
Chicago, IL 60647
Phone: (405) 509-0372
Email: mark@hammervoldlaw.com
The Defendant is represented by:
Rachel Jane Schulman, Esq.
RACHEL SCHULMAN, ESQ. PLLC
10 Bond Street, Suite 143
Great Neck, NY 11021
Phone: (917) 270-7132
Email: rachel@schulmanpllc.com
QUEBEC: Judge OKs Lawsuit Alleging Abuse at Indigenous Day Schools
------------------------------------------------------------------
vancouversun.com 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.
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.
This report by The Canadian Press was first published Dec. 25,
2023. [GN]
QVC INC: Moore Sues Over Unpaid Minimum and Overtime Wages
----------------------------------------------------------
Theresa Moore, on behalf of the state of California, and others
similarly situated and aggrieved v. QVC, INC., a Delaware
Corporation; and DOES 1-100, inclusive, Case No. CIV882328448 (Cal.
Super. Ct., San Bernardino Cty., Nov. 3, 2023), against the
Defendants, pursuant to California's Private Attorney General Act,
Labor Code ("PAGA"), to recover civil penalties (75% payable to the
Labor and Workforce Development Agency and 25% payable to Aggrieved
Employees) for the Defendants' violations of the California Labor
Code as a result the Defendants' failure to pay unpaid minimum and
overtime wages.
the Defendants failed to compensate the Plaintiff and Aggrieved
Employees for all hours worked, resulting in the underpayment of
minimum and overtime wages. the Defendants failed to compensate the
Plaintiff and Aggrieved Employees for all hours worked by virtue
of, the Defendants' automatic deduction and time rounding policies,
and failure to relieve employees of all duties/employer control
during unpaid meal periods or otherwise unlawful practices for
missed or improper meal periods, says the complaint.
The Plaintiff worked for the Defendants as a non-exempt employee
with a job title of fulfillment member, warehouse worker or a
similar title from October 2021 through May 15, 2023.
The Defendants own, operate, manage and/or staff its employees to
work at the offices, stores, manufacturing centers, distribution
centers, warehouses, facilities and/or other location(s) in
California, including but not limited to the offices, stores,
manufacturing centers, distribution centers, warehouses, and/or
facilities located in Ontario, California.[BN]
The Plaintiff is represented by:
Jamie Serb, Esq.
Brandon Brouilleite, Esq
Zachary M. Crosner, Esq.
CROSNER LEGAL, pc
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Phone: (866) 276-7637
Fax: (310) 510-6429
Email: jamie@crosnerlegal.com
bbrouillette@crosnerlegal.com
zach@crosnerlegal.com
SANYO FOODS: Shin Sues Over False and Misleading Labeling
---------------------------------------------------------
Sue Shin, on behalf of herself, all others similarly situated, and
the general public. v. SANYO FOODS CORP. OF AMERICA, TAKEO SATO,
and DOES 1 through 10, Case No. 23STCV27571 (Cal. Super. Ct., Los
Angeles Cty., Nov. 9, 2023), is brought for public injunctive
relief alleging nine state law claims for Violation of Cal. Bus. &
Prof. Code ("UCL"), Unlawful Conduct, Unfair Conduct, False
Advertising Law ("FAL"), Consumer Legal Remedies Act ("CLRA");
unjust enrichment/breach of quasi contract, fraudulent
misrepresentation; misrepresentation; breach of express warranty,
breach of implied warranty of merchantability as a result of the
Defendant's false and misleading labeling of the Defendant's
packaged noodle products ("SAPPORO ICHIBAN
Products").
This action deals with SAPPORO ICHIBAN Products manufactured and
distributed by Defendant. From August 2018 to December 2019,
Plaintiff bought the noodle products from convenient stores and
grocery markets in Los Angeles, California. The SAPPORO ICHIBAN
Products contain "0g Trans Fat" claim on the front label of
package, outside the Nutrition Facts Panel. The Nutrition Facts
Panel is on the backside of package. Plaintiff was misled that the
SAPPORO ICHIBAN Products do not contain trans fat at all.
The SAPPORO ICHIBAN Products make the claim "0g Trans Fat" outside
the Nutrition Facts Panel. The Products are misbranded because the
Products contain trans fat. It is unlawful for Defendant SANYO to
sell the misbranded products in the market. Plaintiff reasonably
believed that the products were legitimately sold. But, Plaintiff's
belief was wrong. Plaintiff bought the products that were not
marketable. Moreover, in making the purchases, Plaintiff relied on
the information contained on the face of the label that the product
contained "0g Trans Fat." Plaintiff, as a reasonable consumer, was
misled that the SAPPORO ICHIBAN Products do not contain trans fat.
Plaintiff suffered economic injury because she purchased the
products she otherwise would not have, says the complaint.
The Plaintiff is represented by:
Juan Hong, Esq.
LAW OFFICE OF JUAN HONG, A LAW CORP.
4199 Campus Drive, Suite 550
Irvine, CA 92612
Phone: (949) 334-7710
Fax: (949) 335-6647
Email: jhong48@gmail.com
SEARS HOLDING: Dalton Files ADA Suit in D. Minnesota
----------------------------------------------------
A class action lawsuit has been filed against Sears Holding
Corporation. The case is styled as Julie Dalton, individually and
on behalf of all others similarly situated v. Sears Holding
Corporation doing business as: Sears, Case No.
0:23-cv-03424-JRT-DLM (D. Minn., Nov. 7, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sears Holdings Corporation is a leading integrated retailer focused
on seamlessly connecting the digital and physical shopping
experiences.[BN]
The Plaintiff is represented by:
Jason D. Gustafson, Esq.
Patrick W. Michenfelder, Esq.
THRONDSET MICHENFELDER, LLC
One Central Avenue West, Suite 203
St. Michael, MN 55376
Phone: (763) 515-6110
Email: jason@throndsetlaw.com
pat@throndsetlaw.com
SELLAN STRUCTURAL: Argueta Sues Over Unpaid or Underpaid Wages
--------------------------------------------------------------
Gerardo Cano Argueta, an individual, and Adrian Conejo, an
individual, on behalf of themselves and others similarly situated
v. SELLAN STRUCTURAL ERECTORS, LLC, and GIORGIO SELLAN, an
individual, Case No. 1:23-cv-02930 (D. Colo., Nov. 6, 2023), is
brought to recover unpaid or underpaid wages and other damages
under the provisions of the Fair Labor Standards Act of 1938
(hereinafter "FLSA"), the Colorado Wage Claim Act and the Colorado
Minimum Wage Act, et seq„ as implemented by the Colorado Overtime
and Minimum Pay Standards Orders ("COMPS") (collectively, "CWCA").
When the Plaintiffs worked overtime hours, they, like their
coworkers, were paid at straight time rates. The Defendants failed
to compensate Plaintiffs and others similarly situated employees at
a rate of one and one half times their normal hourly rate(s) for
all hours over 40 worked in a workweek, in violation of the FLSA,
says the complaint.
The Plaintiffs worked as welders for Defendants' construction
business.
The Defendant is a corporation doing business within Denver County,
whose principal place of business is located in Denver,
Colorado.[BN]
The Plaintiff is represented by:
Penn A. Dodson, Esq.
ANDERSONDODSON, P.C.
11 Broadway, Suite 615
New York, NY 10004
Phone: (212) 961-7639
Email: penn@andersondodson.com
SUN ENERGY SERVICES: Lawrence Sues Over Underpayment of OT Wages
----------------------------------------------------------------
JUSTIN LAWRENCE, individually and on behalf of similarly situated
individuals, Plaintiff v. SUN ENERGY SERVICES LLC d/b/a DEEP WELL
SERVICES, Defendant, Case No. 2:23-cv-02155-CCW (W.D. Pa., December
28, 2023) seeks seeking unpaid wages, including overtime wages, and
all other available relief under the New Mexico Minimum Wage Act
and the Fair Labor Standards Act.
The Defendant employed Plaintiff as an hourly non-exempt roughneck.
The Plaintiff was required to travel to and from remote job sites
during his normal work hours to work on Defendant's hydraulic
completion projects in various states. However, throughout
Plaintiff's employment, the Defendant failed to pay overtime at
rates not less than one and one-half times of his proper regular
rate. It also failed to include per diem in calculating Plaintiff's
regular rate of pay for purposes of calculating overtime as
required by FLSA and NMMWA, says the suit.
Based in Zelienople, PA, Sun Energy Services LLC d/b/a Deep Well
Services is a Delaware company that provides hydraulic completion
services to customers throughout the United States. It is a
work-over company specializing in high-pressure, long-lateral, and
multi-well completions. [BN]
The Plaintiff is represented by:
Trang Q. Tran, Esq.
TRAN LAW FIRM
2101 City West Blvd., Suite 100
Houston, TX 77042
Telephone: (713) 223 – 8855
E-mail: trang@tranlf.com
service@tranlf.com
TANMAR RENTALS: Fails to Pay Proper Overtime Wages, Epler Alleges
-----------------------------------------------------------------
JORDAN EPLER, individually and on behalf of all others similarly
situated V. TANMAR RENTALS, LLC, Case No. 7:23-cv-00210 (W.D. Tex.,
December 28, 2023) accuses the Defendant of violating the Fair
Labor Standards Act.
The Plaintiff was employed at Tanmar Rentals as a dispatcher;
however, the work he did for Tanmar Rentals was not exempt as
defined under the FLSA. The Plaintiff was not paid overtime wages
at one and one-half times his regular hourly rate for all hours
worked in excess of 40 hours in every work week. Moreover, Tanmar
Rentals automatically deducted a 30-minute lunch break for each
workday regardless of whether the dispatchers actually took the
lunch break, says the Plaintiff.
Based in Austin, TX, Tanmar Rentals is a Texas limited liability
company engaged in renting or leasing equipment. [BN]
The Plaintiff is represented by:
William S. Hommel, Jr., Esq.
HOMMEL LAW FIRM
5620 Old Bullard Road, Suite 115
Tyler, TX 75703
Telephone/Facsimile: (903) 596-7100
E-mail: bhommel@hommelfirm.com
TARZANA TREATMENT: Tanner Sues Over Failure to Pay Compensations
----------------------------------------------------------------
Kenneth Tanner, individually and on behalf of all other Aggrieved
Employees v. TARZANA TREATMENT CENTERS INC., a California
Non-Profit Corporation-Public Benefit, and DOES 1 through 50,
inclusive, Case No. 23VECV05383 (Cal. Super. Ct., Los Angeles Cty.,
Nov. 4, 2023), is brought pursuant to the California Labor Code
Private Attorneys General Act of 2004 as a result of the Defendants
failure to pay the Plaintiff proper compensations.
During the relevant time period, the Plaintiff and other aggrieved
employees regularly worked in excess of 8, and in excess of 12,
hours in a workday and/or 40 hours in a workweek. The Defendants
routinely required the Plaintiff and the other aggrieved employees
to perform work tasks before and/or after their scheduled shifts,
and/or during off-the-clock meal breaks, and/or during rest breaks.
As a consequence, the Defendants willfully failed to pay the
Plaintiff and the other aggrieved employees all of the wages to
which they were entitled, says the complaint.
The Plaintiff was hired by the Defendants with the job title the
Plaintiff was hired by the Defendants with the job title.
The Defendants operate as a full-service behavioral healthcare
organization that provides substance abuse and mental health
treatment to adults and youth.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Raffi Tapanian, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
raffi@hbklawyers.com
TRI COUNTIES BANK: Dryden Sues Over Negligent Cybersecurity
-----------------------------------------------------------
Donna Dryden, as an individual and on behalf of all others
similarly situated v. TRI COUNTIES BANK; and DOES 1-10, Case No.
23CV03115 (Cal. Super. Ct., Butte Cty., Nov. 7, 2023), is brought
arises from the Defendant negligent failure to implement and
maintain reasonable cybersecurity procedures and practices with
respect to the sensitive and confidential personal information TCB
obtains from its banking customers, and the consequent
cybersecurity breach of its systems that occurred on or around
February 7, 2023.
TCB was founding in 1975 with assets of approximately $10 billion.
In connection with its business, TCB collects, stores, and
processes personal information and data for its customers and
employees. Due to its lack of adequate cybersecurity measures, TCB
suffered a data breach on February 7, 2023. That breach exposed
personal information of certain individuals to unauthorized third
parties. More than 8 months after the breach, on or around October
12, 2023, TCB informed impacted parties that their personal
identifying information was the target of a data breach.
The Plaintiff brings this class action complaint to redress these
injuries, on behalf of herself and a class of similarly situated
persons. Plaintiff asserts claims on behalf of a class for
negligence, negligence per se, declaratory judgment, common law
invasion of privacy, breach of implied contract, breach of
contract, and unjust enrichment, says the complaint.
The Plaintiff is a citizen and resident of the State of California,
and whose personal identification information was part of the data
breach at issue in this litigation.
TCB is a regional bank providing customers throughout California
with personal, business and commercial banking products and
services.[BN]
The Plaintiff is represented by:
Jason M. Wucetich, Esq.
Dimitrios V. Korovilas, Esq.
WUCETICH & KOROVILAS LLP
222 N. Pacific Coast Hwy., Suite 2000
El Segundo, CA 90245
Phone: (310) 335-2001
Facsimile: (310) 364-5201
Email: jason@wukolaw.com
dimitri@wukolaw.com
TRUMBULL COUNTY, OH: Attorney to Appeal Juvenile Suit Dismissal
---------------------------------------------------------------
tribtoday.com reports that attorney David Engler is planning to
appeal a federal judge's decision to dismiss a class action lawsuit
alleging that Trumbull County Family Court Administrative Judge
Sandra Stabile Harwood failed to seek diversion for his 14-year-old
client. He claims trauma from an alleged rape at Liberty Schools
led to her committing two felonies this year.
The lawsuit was filed May 19 in the U.S. Northern Ohio District
Court, alleging that Harwood violated the due process rights of his
minor client by not seeking diversion outlined under Ohio Juvenile
Rule 9(a) after the child was charged with two felonies.
The lawsuit relates to another filed by the father of the juvenile
on Oct 1, 2022, alleging Title IX violations against Liberty Local
Schools and two then-employees of the school claiming his daughter
had been sexually assaulted and subsequently bullied by a male
student at W.S. Guy Junior High School, with the father claiming
his daughter received no support from the two then employees of the
school.
In November, the district declined to answer questions on the
matter, instead providing a previously used statement from 2022:
"As the district has previously stated, we believe the evidence
shows that statements contained within the lawsuit regarding
Liberty Local Schools' investigation into the matter are not true.
"When our district was made aware of the sexual assault
allegations, we immediately performed a thorough investigation in
cooperation with the Liberty Township Police Department.
"We are confident that as this process moves through the courts,
the district will have been found to have acted swiftly and
appropriately in this case."
Suit Against Harwood
The class action lawsuit was dismissed by federal Judge John Adams.
Engler contests in the initial complaint that "psychological harm"
stemming from an alleged sexual assault and inaction over the years
since had factored into his client's decision to steal a neighbor's
car, causing damage to the vehicle during a joyride on May 26. The
juvenile was charged with felony failure to comply and theft.
As a result, the attorney says his client sought diversion from the
criminal justice system, a process justice advocates say should be
used as a means to deter adolescent misbehavior and impulsive
behavior from devolving into a life of being intertwined with the
criminal justice system.
But the lawsuit claims when his client sought to be evaluated under
Juvenile Rule 9(a), the judge declined using the informal process.
Under the Ohio Rules of Juvenile procedure, JR 9 (a), says court
action is to be avoided for "appropriate cases" in favor of
community resources that will be a betterment to the juvenile
offender.
The attorney claims the Juvenile Court has a "blanket policy" not
to apply the rule for all felony cases.
"The failure of the Trumbull County juvenile court to even consider
alternative ways to deal with J.B.'s (juvenile client) particular
situation caused J.B. to be incarcerated in the juvenile detention
center, where she developed a severe eating disorder and other
conditions that almost led to her death," legal counsel said.
Harwood contested this argument, filing a now-granted motion to
dismiss Engler's and his client's claims that her procedural due
process had been violated, court documents state.
The court maintained that Harwood and the court have acted in
compliance with Ohio law and the rules of juvenile procedure. At
the time, the motion had been pending a ruling by a federal judge,
so the court declined further comment.
The federal judge in the suit against Harwood said the argument
against the juvenile court judge "fell short" of the standards the
judge said are required to "create a protected liberty interest."
Engler argued that Juvenile Rules 1 (b) and 9 (a) work in tandem to
satisfy the claim of there being a due process violation against
his client.
Adams wrote in the legal document, in part citing the Sixth Circuit
court that said, "Even reading Rule 1 and Rule 9 in tandem, no
particular substantive outcome is dictated by those rules."
The judge cited similar circumstances for his decision to dismiss
the equal protection claim, saying the juvenile failed to "identify
any protected legal interest."
In a letter written to an attorney working on behalf of Harwood,
Engler said that while the court dismissed the case, the judge
agreed in his conclusion with the, "underlying premise that a
blanket rule banning diversion is not consistent with the Ohio
Rules of Juvenile Procedure."
In the judge's opinion, he does say that "dismissal of this lawsuit
should not be read as an endorsement of the policy allegedly
adopted by the Trumbull County Juvenile Court."
The judge concluded, "Moreover, there can be little doubt that the
exercise of discretion is of vital importance in Juvenile Court
where the decision whether to proceed with formal court action can
have life-changing impacts on young persons."
Engler cited this quote from Adams' opinion, stating that Adams was
"clearly concerned" with the "potential adverse effects" of a
blanket denial of the right to "diversion before being charged."
Engler wrote to Harwood's counsel, asking them to consider
resolving the matter without further dragging the case through
multiple appeals.
Engler is asking the court to "immediately revoke the court policy
of refusing to offer diversion to all juveniles charged with felony
offenses"; begin the process of creating a method for doing
assessments on juveniles before being charged as is the case in
every other Ohio county"; and lastly, to have Harwood vacate her
Dec. 1 ruling and sustain "objections to the magistrate's ruling in
J.B.'s (juvenile) case, absolving his client's record and allowing
her to be referred to diversion.
"The proposal made in this letter is a very common-sense solution
that helps troubled children of Trumbull County, reduces crime and
saves the county money," Engler wrote to close out the letter.
BACKGROUND
The father of the girl at the center of the legal dispute states
she was excused from a study hall to look for a missing laptop
computer on Nov. 8, 2021, when she encountered another student and
started talking with him.
The boy student suggested they go into a second-floor restroom to
continue their conversation. They entered a teachers' restroom
through an unlocked door. The boy turned off the lights and used
his phone for light to lock the door, the lawsuit states.
He then started to kiss and sexually assault her, as she tried to
unlock the door to get away, the lawsuit states. A camera in the
hallway captured some aspects of the girl's unsuccessful attempt to
leave the restroom, and the document states the defendants
intentionally erased all the footage relevant to the incident.
After the alleged rape, the boy student left the girl on the floor
crying, according to the lawsuit.
On Dec. 12, 2021, the girl reported a sexual assault to school
officials. Shortly after, the girl said she began to be bullied by
friends of the boy student, the lawsuit states. The lawsuit claims
the defendants did not conduct any investigation into the girls'
allegations and did not do anything to keep the two students
separated.
Because of the alleged rape and the subsequent bullying, the
plaintiffs claim the girl received no support from the two Liberty
school district employees, in the form of in-house counseling or
professional support of any kind; and no discipline was imposed on
the accused rapist, who was permitted to continue to attend school
there. This conduct prevented the girl from the "full range of
educational opportunities that should have been available to her as
a student of Guy Junior High School."
Another claim states the door of the teachers' second-floor
restroom was defectively designed because it did not properly lock
and the door opened into the room. This design inhibited the girl's
ability to escape, the lawsuit states. [GN]
US IMMIGRATION: Suit Filed in D. New Mexico
-------------------------------------------
A class action lawsuit has been filed against U.S. Immigration and
Customs Enforcement, et al. The case is styled as Carlos Doe, Luis
Doe, Ernesto Doe, Gabriel Doe, on behalf of themselves and all
others similarly situated v. U.S. Immigration and Customs
Enforcement, U.S. Department of Homeland Security; Alejandro
Mayorkas, under the title of Secretary of DHS; Patrick J.
Lechleitner, under the title of Acting Director of ICE; Ricardo A.
Wong, under the title of ICE Depurty Assistant Director, Oversight
Compliance and Acquisition Division; Monica S. Burke, under the
title of ICE Acting Assistant Director of Custody Management;
Brittany Tobias, under the title of ICE contracting Officer; Mary
De Anda-Ybarra, under the title of ICE Field Office Director, El
Paso Field Office; Case No. 1:23-cv-00971-MLG-JMR (D.N.M., Nov. 3,
2023).
The nature of suit is stated as Other Statutes: Administrative
Procedures Act/Review or Appeal of Agency Decision.
U.S. Immigration and Customs Enforcement (ICE) --
https://www.ice.gov/ -- is the largest investigative agency in
DHS.[BN]
The Plaintiff is represented by:
Alison J. Coutifaris, Esq.
Tess Hellgren, Esq.
INNOVATION LAW LAB
PO Box 40204
Portland, OR 97240
Phone: (971) 357-1594
Email: alison.c@innovationlawlab.org
tess@innovationlawlab.org
- and -
Mark Feldman, Esq.
NATIONAL IMMIGRANT JUSTICE CENTER
224 S. Michigan Ave., Suite 600
Chicago, IL 60604
Phone: (312) 235-4603
Fax: (312) 660-1505
Email: mfeldman@heartlandalliance.org
- and -
Max Isak Brooks, Esq.
AMERICAN CIVIL LIBERTIES UNION OF NEW MEXICO
PO Box 566
Albuquerque, NM 87103
Phone: (505) 633-1239
Fax: (505) 266-5916
Email: mbrooks@aclu-nm.org
- and -
Deepa Acharya, Esq.
QUINN EMANUEL URQUHART & SULLIVAN LLP
1300 I Street, NW, Suite 900
Washington, DC 20005
Phone: (202) 538-8107
Email: deepaacharya@quinnemanuel.com
- and -
Misha Boutilier, Esq.
Sasha Boutilier, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York City, NY 10010
Phone: (212) 849-7559
Email: mishaboutilier@quinnemanuel.com
sashaboutilier@quinnemanuel.com
- and -
Rebecca Fae Sherman Sheff, Esq.
ACLU OF NEW MEXICO
P.O. Box 566
Albuquerque, NM 87103
Phone: (781) 718-0990
Fax: (505) 266-5916
Email: rsheff@aclu-nm.org
VIVENDI UNIVERSAL: Europeans Could Join Shareholders' Class Suit
----------------------------------------------------------------
Kerstin Gehmlich at Reuters reports that some European investors
who held shares in Vivendi Universal before the media group nearly
collapsed in 2002 could take part in a U.S. class action suit, the
company said, citing a U.S. ruling.
"The United States District Court in New York that is hearing the
class action initiated against Vivendi in July 2002 has decided
that the persons from the United States, France, England and the
Netherlands who purchased or acquired shares or ADS of Vivendi . .
. between Oct 30, 2000 and Aug. 14, 2002 could be included in the
class," Vivendi said in a statement.
"Further to this decision, Vivendi will review the appropriate
means to insure its best defence," it said.
Vivendi Universal nearly collapsed in mid-2002 after a debt fuelled
acquisition spree carried out under former CEO Jean-Marie Messier.
Vivendi, which has sold off a large number of assets to help pay
back its debt, has denied any wrongdoing. [GN]
WICKED TACO: Faces Gonzalez Suit Over State Labor Law Breaches
--------------------------------------------------------------
JOSE R GONZALEZ, on behalf of himself, FLSA Collective Plaintiffs
and the Class, Plaintiff v. WICKED TACO LLC d/b/a BONGO BURRITO,
NDL RESTAURANT CORP. d/b/a CHARRED BRICK OVEN, D & L RESTAURANT
CORP., d/b/a PUGLIAS and GREGORY GAROFALO, Defendants, Case No.
2:23-cv-09555 (E.D.N.Y., December 28, 2023) alleges violations of
the New York Labor Law and the New York State Earned Safe and Sick
Time Act.
Throughout his employment, Plaintiff was paid a fixed salary of
$1,500 weekly regardless of how many hours he worked each workweek.
The Plaintiff was not compensated overtime premium for the hours he
worked in excess of 40 hours in each workweek, says the suit.
In the class action, Plaintiff further alleges that, pursuant to
the NYLL, he is entitled to recover from Defendants: unpaid
overtime compensation due to fixed salary, unpaid spread of hours
premiums, statutory penalties for failing to provide wage and hour
notices upon hiring and as legally required thereafter, statutory
penalties for failing to provide proper wage statements for each
payment period, liquidated damages, and attorneys' fees and costs.
In addition, Plaintiff asserts that the Defendants violated ESSTA
when they unlawfully retaliated against him for raising complaints
regarding Defendants' failure to properly compensate him in
violation of the NYLL.
Based Seaford, NY, Wicked Taco LLC owns and operates Bongo Burrito,
a Mexican restaurant. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
X CORP: Faces Class Action Suit Over Failure to Pay Bonuses
-----------------------------------------------------------
abcactionnews.com reports that a federal judge has ruled that X,
formerly Twitter, must face a lawsuit after staff accused the
company of failing to pay bonuses promised to them. The judge on
denied X's motion to dismiss the case.
X stands accused of failing to pay out annual bonuses to staff
after its October 2022 acquisition by billionaire Elon Musk -
despite repeated assurances from executives in the lead-up to and
following the deal that the company would do so, according to a
lawsuit filed in June 2023 on behalf of employees.
The lawsuit was filed in a San Francisco federal court by Mark
Schobinger, who was a senior director of compensation at X until he
left the company in May. The suit is seeking class action status
for former and current X employees who did not receive their 2022
bonus.
A federal judge said Schobinger's case against X was plausible, and
he allowed it to go forward.
"Twitter's offer to pay him a bonus in return became a binding
contract under California law," US District Judge Vince Chhabria
said in a ruling.
X, which has effectively done away with its public relations team,
did not respond to CNN's request for comment. The company, in its
motion to dismiss, had argued that an oral promise should not be
binding and that the case should be heard in Texas. But the judge
said in matters questioning whether a contract can be enforced,
California law applies.
The June complaint stated that after it was announced that Musk was
acquiring the social media company last April, "many employees
raised concerns" over the fate of "their compensation and annual
bonus" if and when the deal closed.
In the months leading up to Musk completing his acquisition of X,
company executives repeatedly promised employees that 2022 bonuses
would be paid out at 50% of the target, according to the complaint.
"The promise was repeated following Musk's acquisition," the
complaint said.
Despite the promises, however, X did not pay out bonuses, the
lawsuit says. Schobinger left the company in May following
"Twitter's reneging on various promises it had made to employees,
including its failure to pay promised bonuses," according to the
complaint. [GN]
YOUR HOMETOWN: Fails to Pay Proper Wages, Clardy Alleges
--------------------------------------------------------
RAYMOND CLARDY; and IMARI ARMSTRONG, individually and on behalf of
all others similarly situated, Plaintiffs v. YOUR HOMETOWN MOVERS
LLC d/b/a YOUR HOMETOWN MOVER; JAKE FREEDMAN; and KATE FREEDMAN,
Defendants, Case No. 7:23-cv-11172 (S.D.N.Y., Dec. 24, 2023) seeks
to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
The Plaintiffs were employed by the Defendants as laborers.
YOUR HOMETOWN MOVERS LLC d/b/a YOUR HOMETOWN MOVER provides local
and long distance moving services. [BN]
The Plaintiff is represented by:
Jacob Aronauer, Esq.
THE LAW OFFICES OF JACOB ARONAUER
250 Broadway, Suite 600
New York, NY 10007
Telephone: (212) 323-6980
Email: jaronauer@aronauerlaw.com
- and -
Yale Pollack, Esq.
LAW OFFICES OF YALE POLLACK, P.C.
66 Split Rock Road
Syosset, NY 11791
Telephone:(516) 634-6340
Email: ypollack@yalepollacklaw.co
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
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