/raid1/www/Hosts/bankrupt/CAR_Public/240119.mbx
C L A S S A C T I O N R E P O R T E R
Friday, January 19, 2024, Vol. 26, No. 15
Headlines
3M COMPANY: Meyers AFFF Suit Removed to N.D. Alabama
3M COMPANY: Moller Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Palmer Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Pompton Lakes Files Suit in D. South Carolina
3M COMPANY: Poole-Hussa Sues Over Exposure to Toxic Foams
ABC CORPORATION: Appeals Judgment Ruling in Barrios Suit to 2nd Cir
AETNA LIFE: Filing for Class Certification Bid Due Jan. 31
AG CONSULTING: Suit Seeks Conditional Certification
ALIGN TECHNOLOGY: Appeals Class Cert Ruling in Simon and Simon Suit
ALIGN TECHNOLOGY: Appeals Class Cert. Order in Snow Antitrust Suit
AMERICAN HONDA: Plaintiffs Seek Leave to File Docs Under Seal
AMERICAN SIGNATURE: Porcelli Files Suit in S.D. Florida
AMERICAN TUNA: Craig Loses Bid for Class Certification
APEX SYSTEMS: Class Cert Deadlines in McDaniel Suit Vacated
APPLE INC: Mirage Wine Sues Over Inflated Fees for POS Transactions
ASPIRE RESOURCES: Calamusa Alleges FCCPA Violations
ASSOCIATION RECOVERY: Faces Dean Class Suit Over Consumer Credit
AVANT GARDNER: Ting Suit Removed to C.D. California
AWESOME BROOKLYN: Colak Files ADA Suit in E.D. New York
BANK OF AMERICA: Faces Class Suit Over Antitrust Law Violations
BANK OF AMERICA: Parties Seek More Time to File Class Cert Bid
BANK OF AMERICA: Stripling Suit Transferred to W.D. North Carolina
BASF CORP: Faces Russell Suit Over Untimely Wage Payments
BEEGHLY AND COMPANY: Karim Sues Over Blind-Inaccessible Website
BLUEWATER GRILL: Faces Greene Class Suit in Cal. Super. Ct.
BOSTON MARKET: Tejeda Bid for Default Judgment Partly OK'd
BPS DIRECT: Maldonado Suit Removed From State Court to C.D. Cal.
C&W FACILITY: Ochoa Suit Removed to C.D. California
CARDINAL LOGISTICS: Filing for Class Cert Bid Due May 1
CARE AND DEVELOPMENT: Warren Sues Over Unpaid Overtime Wages
CARGILL MEAT: Filing for Class Cert Bid in Luvianio Suit Due Oct. 1
CELESTRON ACQUISITION: Class Cert Deposition Scheduling Entered
CH2M HILL ENGINEERS: Ponce Suit Removed to C.D. California
CHEDDAR CAPITAL: Starling Files TCPA Suit in W.D. Tennessee
CHICAGO PUBLIC SCHOOLS: Sued Over Unlawful Withholding of Wages
CHICAGO, IL: High Court Rejects Bogus Parking Tickets Class Suit
CHW GROUP INC: Jubb Files TCPA Suit in D. New Jersey
CITIGROUP INC: High Court Rejects Class Suit Over Bankruptcy Relief
CLOTHESMINDS INC: Jaime Sues Over Unlawful Labor Practices
COMCAST CABLE: Faces Harper Contract Class Suit in D.S.C.
CREDIT SUISSE: Hohimer Sues Executives for Breach of Statutory Duty
CROCS INC: Amended Scheduling Order for Class Certification Entered
CYNTHIA CONCORDIA: Non-Expert Discovery in FDIC Suit Due June 28
DATANYZE LLC: Hudson Appeals Case Dismissal to 6th Cir.
DONA JO: Faces Troche Class Action Suit in S.D. New York
DUBLIN 6 AT 115: Lopez Suit Alleges Labor Law Breaches
ENSTAR US: Fails to Prevent Data Breach, Mickendrow Suit Says
EXP WORLD HOLDINGS: Faces Umpa Antitrust Suit Over Broker Fees
FIRST NATIONAL: Class Cert Bid Filing Due Jan. 20
GATOS SILVER: Settles Securities Class Suit Over Misrepresentation
GENERAL MOTORS: Court Extends Class Cert Deadlines in Kiriacopoulos
GOOD WILL: Hinton Sues Over Security Guards' Unpaid Overtime
GREAT NECK/MID-ISLAND DENTAL: Durantas Files ADA Suit in E.D.N.Y.
HEALTH INSURANCE: March 28 Claim Form Submission Deadline Set
HEALTHEC LLC: Faces Class Suit Over July 2023 Data Breach
HERSHEY CO: Faces Class Suit Over Reese's Mislabeled Packaging
HICKAM COMMUNITIES: Faces Bentley Class Action Suit in D. Hawaii
HOME PARTNERS: Jones-Byrd Sues Over Misleading, Unfair Lease Terms
HUDSON AUTOMOTIVE: Rodriguez Suit Hits Unpaid OT, Discrimination
HUMAN TOUCH: Faces Gertz Class Action Suit in Cal. Super. Court
INTEGRIS HEALTH: Johnson Files Suit in W.D. Oklahoma
INTEGRIS HEALTH: Roof Files Suit in W.D. Oklahoma
JAVELINA CONSTRUCTION: Glenn Sues Over Unpaid Overtime Wages
KANSAS CITY: Addison Sues Over Drop in Share Price
KIMCO STAFFING: Fails to Prevent Data Breach, Bailas Alleges
LITIGATI INC: Faces Allarie Sues Over Malicious Prosecution
MAI DESIREE: Website Inaccessible to Blind Users, Karim Says
ME&I CONSTRUCTION: Bid to Extend Expert Report Deadline OK'd
MERRITT GARLAND: Faces Logan Civil Rights Suit in D.N.J.
META PLATFORMS: Huckabee Suit Transferred to N.D. California
MILLENNIAL PLASTIC: Erkan Files ADA Suit in E.D. New York
MONTEREY FINANCIAL: Gonzalez Files TCPA Suit in S.D. California
NATTY GARDEN: Melendez Files ADA Suit in E.D. New York
NETFLIX INC: Misleads Investors on Subscribers' Growth, Suit Says
NEXUM GROUP INC: Ciotti Files TCPA Suit in M.D. Florida
NORWOOD LIQUORS: Zelvin Files ADA Suit in S.D. New York
OUTLOOK THERAPEUTICS: Maniatty Sues Over Share Price Drop
PARK MY FLEET: Grewal Files Suit in Cal. Super. Ct.
PARKS MARTIAL: Robles Sues Over Unpaid Minimum, Overtime Wages
PEOPLESHARE LLC: Faces Class Suit Over Illegal Biometric Collection
PERFORMANCE HEALTH: Canterbury Suit Transferred to D. Mass.
PROCTER & GAMBLE: Faces Class Suit Over Sleep Aids' False Ads
PROGRESS SOFTWARE: Hakemi Class Suit Transferred to D. Mass.
PROGRESSIVE DIRECT: Appeals Class Cert. Ruling in Curran Suit
PROGRESSIVE DIRECT: Curran Wins Bid for Class Certification
RADIUS GLOBAL: Hudgins Class Suit Transferred to D. Mass.
ROSCOE'S CHICKEN: Faces Class Suit Over Labor Law Violations
ROSS DRESS: Faces Sanchez Class Action Suit in Cal. Super. Court
SCOTCH & HOPS: Faces Kerim Suit Over Unlawful Labor Practices
SIKA AG: SMBA Construction Alleges Price-fixing Conspiracy
SPIRIT REALTY: Randall Sues Over Misleading Proxy Statements
SPRINGVIEW COMPASSIONATE: Fails to Pay Overtime Wages, Green Claims
THROGS NECK DENTAL: Durantas Files ADA Suit in E.D. New York
TRINITY HEALTH-MICHIGAN: Fails to Pay Proper OT Wages, Lowe Says
TYLER TECHNOLOGIES: Objects to Class-Suit Status in Negligence Suit
UNITED PARCEL: Anderson Suit Removed from State Court to C.D. Cal.
UPFIELD US: Gates and Hwang Sue Over False Product Labeling
VIDALIA CITY SCHOOL: Sloan Alleges Unpaid Minimum, Overtime Wages
VIRGINIA: Faces Diale Conspiracy Class Action Suit in W.D. Texas
WAH HING TRADING: Fails to Pay Proper OT Wages, Macote Says
WHEATON HOMEOWNERS: Faces Evanston Insurance Suit in D.S.C.
WOODSIDE AUTO: Faces Rodriguez Wage-and-Hour Suit in E.D.N.Y.
Asbestos Litigation
ASBESTOS UPDATE: Kelly-Moore Winding Down Operations
*********
3M COMPANY: Meyers AFFF Suit Removed to N.D. Alabama
----------------------------------------------------
The case styled MIKE MEYERS, et al., Plaintiffs v. 3M COMPANY, et
al., Defendants, Case No. 01-CV-2023-904224.00, was removed from
the Circuit Court for the Tenth Judicial Circuit, Jefferson County,
Alabama, to the U.S. District Court for the Northern District of
Alabama, Southern Division, on January 8, 2024.
The Clerk of Court for the Northern District of Alabama, Southern
Division, assigned Case No. 2:24-cv-00024-AMM to the proceeding.
The case arises from the Defendant's alleged conduct in designing,
manufacturing, and/or selling aqueous film-forming foams and/or
firefighter turnout gear that contains per- and polyfluoroalkyl
substances and that has caused injuries to Plaintiffs.
Headquartered in Saint Paul, MN, 3M Company is a multinational
conglomerate that operates in various fields, including worker
safety and healthcare. [BN]
The Defendant is represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Wesley B. Gilchrist, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Telephone: (205) 581-0700
E-mail: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
wgilchrist@lightfootlaw.com
3M COMPANY: Moller Sues Over Exposure to Toxic Aqueous Foams
------------------------------------------------------------
Erik Moller, 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.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DAIKIN AMERICA 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; FIRE SERVICE
PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY
PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO.,
INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.;
STEDFAST USA, INC.; 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.);
W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06503-RMG (D.S.C.,
Dec. 13, 2023), is brought for damages stemming from personal
injury resulting from exposure to aqueous film-forming foams
("AFFF") and firefighter turnout gear ("TOG") 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 and 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 it where
it remains and persists over extended 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 remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff 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. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG 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 exposure to Defendants'
AFFF or TOG products at several Fire Departments and or Military
bases during Plaintiff's training and firefighting activities.
Plaintiff further seeks injunctive, equitable, and declaratory
relief arising from the same, says the complaint.
The Plaintiff was regularly exposed to AFFF and TOG in training and
to extinguish fires during their military/civilian firefighting
career and was diagnosed with Ulcerative Colitis as a direct result
of exposure to Defendants' 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:
J. Edward Bell, III, Esq.
Randolph L. Lee, Esq.
Gabrielle A. Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 N. Ridge Street
Georgetown, SC 29440
Phone: (843) 546-2408
Fax: (843) 546-9604
Email: jeb@belllegalgroup.com
rlee@belllegalgroup.com
gsulpizio@belllegalgroup.com
- and -
John E. Lichtenstein, Esq.
LICHTENSTEIN LAW GROUP PLC
347 Highland Avenue,
Roanoke, VA 24016
Phone: (540)343-9711
Email: John.lichtenstein@lichtensteinlawgroup.com
3M COMPANY: Palmer Sues Over Exposure to Toxic Foams & Chemicals
----------------------------------------------------------------
Robin Palmer, as Surviving Spouse and Heir to the Estate of Stanley
David Vega, deceased, 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.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN
AMERICA, 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; FIRE SERVICE PLUS, INC.; GLOBE
MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.;
INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC; L.N. CURTIS &
SONS; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MILIKEN &
COMPANY; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY
SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.;
PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET
MANUFACTURING CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC;
SOUTHERN MILLS, INC.; STEDFAST USA, 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.); VERIDIAN
LIMITED; W.L. GORE & ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP,
Case No. 2:23-cv-05794-RMG (D.S.C., Nov. 10, 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 Robin Palmer is the Surviving Spouse of, and Heir to
the Estate of, David Vega, who 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 pancreatic cancer and prostate 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:
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: Pompton Lakes Files Suit in D. South Carolina
---------------------------------------------------------
A class action lawsuit has been filed against 3M COMPANY, et al.
The case is styled as Pompton Lakes Borough Municipal Utilities
Authority, 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.; BUCK
EYE 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;
KIDDIE-FENWAL, INC.; KIDDIE 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.); and ABC CORPORATIONS (1-50), Case No.
2:23-cv-05836-RMG (D.S.C., Nov. 14, 2023).
The nature of suit is stated as Prop. Damage Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
John E. Keefe, Jr., Esq.
KEEFE BARTELS CLARK
170 Monmouth Street
Red Bank, NJ 07701
Email: jkeefe@keefe-lawfirm.com
- and -
Stephen T. Sullivan, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Phone: 732-855-6060
Facsimile: 732-726-4860
Email: ssullivan@wilentz.com
3M COMPANY: Poole-Hussa Sues Over Exposure to Toxic Foams
---------------------------------------------------------
Lance Poole-Hussa, 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-05663-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, who resided on or
near military bases that regularly used AFFF and was thereby
exposed to contaminated groundwater and drinking water 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
ABC CORPORATION: Appeals Judgment Ruling in Barrios Suit to 2nd Cir
-------------------------------------------------------------------
ABC Corporation filed an appeal from the District Court's Order
dated November 3, 2023 and Judgment dated November 9, 2023 entered
in the lawsuit styled CESAR BARRIOS, individually and on behalf of
all others similarly situated v. "ABC CORPORATION" D/B/A MARIO'S
PIZZA CHICKEN & GRILL, name of the corporation being fictitious and
unknown to Plaintiff, AHMADI MOHIDDIN, as an individual, Case No.
1:20-cv-03798, in the United States District Court for the Eastern
District of New York.
As previously reported in the Class Action Reporter, the suit filed
on August 19, 2020, alleges that the Defendants failed to pay
overtime wages, in violation of the Fair Labor Standards Act and
the New York Labor Law.
The Plaintiff was employed by "ABC Corporation," doing business as
Mario's Pizza Chicken & Grill, from August 2003 June 2020, wherein
his primary duties were cooking, cleaning, setting up tables and
performing other miscellaneous duties. According to the complaint,
the Plaintiff worked approximately 63 hours or more hours per week,
but he was not paid by the Defendants at one and one-half times his
regular rates of pay for hours worked in excess of 40 hours. The
Defendants also failed to pay the Plaintiff overtime wages pursuant
to the FLSA & NYLL, failed to post notices of the minimum and
overtime wages requirements; and failed to keep accurate payroll
records.
The Court held a bench trial in the case on October 16 and 17,
2023. At the conclusion of trial, Judge Brian M. Cogan issued a
ruling that, inter alia, found in favor of Plaintiff on his FLSA
and NYLL overtime claims as to liability. Judge Cogan then asked
Plaintiff's counsel to "take the low end of Plaintiff"s testimony"
and file a spreadsheet computing out the damages for the unpaid
overtime." The Plaintiff's counsel did so, and defense counsel has
filed a response.
On November 3, 2023, the Court entered an Order directing the Clerk
to enter final judgment in favor of Plaintiff and against ABC
Corporation, d/b/a MARIO'S PIZZA CHICKEN & GRILL, and Ahmadi
Mohiddin, jointly and severally, in the amount of $158,610.40.
On November 9, Final Judgment was entered in favor of Plaintiff
Cesar Barrios against Defendants in the amount of $158,610.40.
The appellate case is captioned as Barrios v. ABC Corporation, Case
No. 23-7997, in the United States Court of Appeals for the Second
Circuit, filed on Dec. 14, 2023.[BN]
Plaintiff-Appellee CESAR BARRIOS, individually and on behalf of all
others similarly situated, is represented by:
Avraham Y. Scher, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
8002 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
AETNA LIFE: Filing for Class Certification Bid Due Jan. 31
----------------------------------------------------------
In the class action lawsuit captioned as Curtis v. Aetna Life
Insurance Company, Case No. 3:19-cv-01579 (D. Conn., Filed Oct 8,
2019), the Hon. Judge Michael P. Shea entered an order that the
plaintiff's motion for class certification is due on or by January
31, 2024, or 30 days after production of the sample claim
documents, whichever is later.
-- The plaintiff shall file any motion for summary judgment on or
by
Jan. 12, 2024.
The suit alleges violation of the Employee Retirement Income
Security Act.
Aetna offers a broad range of traditional and consumer-directed
health insurance products and related services.
AG CONSULTING: Suit Seeks Conditional Certification
---------------------------------------------------
In the class action lawsuit captioned as IVAN KOVALEV and MINTIWAB
HILL, on Behalf of Themselves and All Others Similarly-Situated, v.
A.G. CONSULTING ENGINEERING, P.C., Case No. 1:22-cv-05954-MKV
(S.D.N.Y.), Plaintiffs will move for Conditional Certification,
pursuant to 29 U.S.C. section 216(b), for issuance of notice to
other similarly situated individuals and to appoint Edelson
Lechtzin LLP and Capozzi Adler, P.C. as Class Counsel.
AG offers complete engineering services including Heating,
Ventilation, and Air Conditioning.
A copy of the Plaintiff's motion dated Dec. 21, 2023 is available
from PacerMonitor.com at https://bit.ly/3S8QV9f at no extra
charge.[CC]
The Plaintiffs are represented by:
Marc H. Edelson, Esq.
Eric Lechtzin, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
E-mail: medelson@edelson-law.com
elechtzin@edelson-law.com
- and -
James A. Wells, Esq.
CAPOZZI ADLER, P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (717) 585-7823
E-mail: jayw@capozziadler.com
ALIGN TECHNOLOGY: Appeals Class Cert Ruling in Simon and Simon Suit
-------------------------------------------------------------------
Align Technology, Inc. filed an appeal from the District Court's
Order dated November 29, 2023 entered in the lawsuit styled SIMON
AND SIMON, PC, et al., v. ALIGN TECHNOLOGY, INC., Case No.
3:20-cv-03754-VC, in the United States District Court for the
Northern District of California (San Francisco).
The class action is an antitrust lawsuit arising from Align's
acquisition and maintenance of monopoly power in the markets for
two products:
(1) custom-manufactured, transparent, removable dental
aligners made from clear plastic (the Defendant's product
is called "Invisalign", and the category of product is
generally called "Aligners"); and
(2) hand-held digital intraoral scanners used to generate
scans to order Aligners (Defendant's product is called
"iTero", and the category of product is generally called
"Scanners").
According to the complaint, Align has dominated the Aligner market
for decades with its Invisalign brand Aligners. Align controls
approximately 90 percent of the market for Aligners and earns well
over a billion dollars a year selling Invisalign, with durable
profit margins above 75 percent. Align has also come to dominate
the market for Scanners with its iTero product, controlling
approximately 80 percent of the market and earning hundreds of
millions of dollars a year selling iTero, with profit margins above
60 percent. Align's only real competitor in the Scanner market is
3Shape, who sells the Trios Scanner that, like iTero, is designed
for ordering Aligners.
On July 31, 2023, the Plaintiffs filed a motion to certify class.
As reported in the Class Action Reporter, the Hon. Judge Vince
Chhabria entered an Order on November 29, 2023:
-- Granting in part and denying in part the motions for class
certification; and
-- Denying motions to exclude Dr. Singer and Dr. Vogt.
The appellate case is captioned as SIMON & SIMON, PC d/b/a CITY
SMILES and VIP DENTAL SPAS, individually and on behalf of others
similarly situated, Plaintiffs and Respondents v. ALIGN TECHNOLOGY,
INC., Defendant and Petitioner, Case No. 23-4153, in the United
States Court of Appeals for the Ninth Circuit, filed on Dec. 13,
2023.
The questions presented are: 1. Did the district court manifestly
err in allowing a damages model to proceed at class certification
that includes and does not disaggregate conduct that is per se
lawful? 2. Did the district court manifestly err in concluding
common issues predominate when Plaintiffs' damages model does not
disaggregate damages with respect to multiple distinct theories of
anticompetitive conduct? [BN]
Defendant-Petitioner ALIGN TECHNOLOGY, INC. is represented by:
James M. Pearl, Esq.
Emma Farrow, Esq.
PAUL HASTINGS LLP
1999 Avenue of the Stars, 27th Floor
Los Angeles, CA 90067
Telephone: (310) 620-5700
E-mail: jamespearl@paulhastings.com
emmafarrow@paulhastings.com
- and -
Thomas A. Counts, Esq.
PAUL HASTINGS LLP
101 California Street, 48th Floor
San Francisco, CA 94111
Telephone: (415) 856-7000
E-mail: tomcounts@paulhastings.com
- and -
Adam M. Reich, Esq.
Michael C. Whalen, Esq.
PAUL HASTINGS LLP
71 South Wacker Drive, 45th Floor
Chicago, IL 60606
Telephone: (312) 499-6000
E-mail: adamreich@paulhastings.com
michaelcwhalen@paulhastings.com
- and -
Michael F. Murray, Esq.
PAUL HASTINGS LLP
2050 M Street, N.W.
Washington, DC 20036
Telephone: (202) 551-1700
E-mail: michaelmurray@paulhastings.com
- and -
Noah B. Pinegar, Esq.
PAUL HASTINGS LLP
200 Park Avenue
New York, NY 10166
Telephone: (212) 318-6000
E-mail: noahpinegar@paulhastings.com
ALIGN TECHNOLOGY: Appeals Class Cert. Order in Snow Antitrust Suit
------------------------------------------------------------------
Align Technology, Inc. filed an appeal from the District Court's
Order dated November 29, 2023 entered in the lawsuit styled MISTY
SNOW, et al., v. ALIGN TECHNOLOGY, INC., Case No. 3:21-cv-03269-VC,
in the United States District Court for the Northern District of
California (San Francisco).
The class action is an antitrust lawsuit arising from Align's
acquisition and maintenance of monopoly power in the markets for
two products:
(1) custom-manufactured, transparent, removable dental
aligners made from clear plastic (the Defendant's product
is called "Invisalign", and the category of product is
generally called "Aligners"); and
(2) hand-held digital intraoral scanners used to generate
scans to order Aligners (Defendant's product is called
"iTero", and the category of product is generally called
"Scanners").
According to the complaint, Align has dominated the Aligner market
for decades with its Invisalign brand Aligners. Align controls
approximately 90 percent of the market for Aligners and earns well
over a billion dollars a year selling Invisalign, with durable
profit margins above 75 percent. Align has also come to dominate
the market for Scanners with its iTero product, controlling
approximately 80 percent of the market and earning hundreds of
millions of dollars a year selling iTero, with profit margins above
60 percent. Align's only real competitor in the Scanner market is
3Shape, who sells the Trios Scanner that, like iTero, is designed
for ordering Aligners.
On July 31, 2023, the Plaintiffs filed a motion to certify class.
As reported in the Class Action Reporter, the Hon. Judge Vince
Chhabria entered an Order on November 29, 2023:
-- Granting in part and denying in part the motions for class
certification; and
-- Denying motions to exclude Dr. Singer and Dr. Vogt.
The questions presented are: 1. Did the district court manifestly
err in allowing a damages model to proceed at class certification
that includes and does not disaggregate conduct that is per se
lawful? 2. Did the district court manifestly err in concluding
common issues predominate when Plaintiffs' damages model does not
disaggregate damages with respect to multiple distinct theories of
anticompetitive conduct?
The appellate case is captioned as MISTY SNOW, individually and on
behalf of all others similarly situated, Plaintiff and Respondent
v. ALIGN TECHNOLOGY, INC., Defendant and Petitioner, Case No.
23-4154, in the United States Court of Appeals for the Ninth
Circuit, filed on Dec. 13, 2023.[BN]
Defendant-Petitioner ALIGN TECHNOLOGY, INC. is represented by:
James M. Pearl, Esq.
Emma Farrow, Esq.
PAUL HASTINGS LLP
1999 Avenue of the Stars, 27th Floor
Los Angeles, CA 90067
Telephone: (310) 620-5700
E-mail: jamespearl@paulhastings.com
emmafarrow@paulhastings.com
- and -
Thomas A. Counts, Esq.
PAUL HASTINGS LLP
101 California Street, 48th Floor
San Francisco, CA 94111
Telephone: (415) 856-7000
E-mail: tomcounts@paulhastings.com
- and -
Adam M. Reich, Esq.
Michael C. Whalen, Esq.
PAUL HASTINGS LLP
71 South Wacker Drive, 45th Floor
Chicago, IL 60606
Telephone: (312) 499-6000
E-mail: adamreich@paulhastings.com
michaelcwhalen@paulhastings.com
- and -
Michael F. Murray, Esq.
PAUL HASTINGS LLP
2050 M Street, N.W.
Washington, DC 20036
Telephone: (202) 551-1700
E-mail: michaelmurray@paulhastings.com
- and -
Noah B. Pinegar, Esq.
PAUL HASTINGS LLP
200 Park Avenue
New York, NY 10166
Telephone: (212) 318-6000
E-mail: noahpinegar@paulhastings.com
AMERICAN HONDA: Plaintiffs Seek Leave to File Docs Under Seal
-------------------------------------------------------------
In the class action lawsuit captioned as KATHLEEN CADENA, et al.,
v. AMERICAN HONDA MOTOR COMPANY, INC., Case No.
2:18-cv-04007-MWF-MAA (C.D. Cal.), the Plaintiffs file an
application for leave to file under seal.
1. The Plaintiffs submit this application concurrently with
their
Opposition to Sealing of Certain Class Certification
Documents,
which references documents which Defendant American Honda
Motor
Company (AHM) has sought to maintain under seal and which it
designated Confidential under the Stipulated Protective
Order.
2. The Plaintiffs seek to file the unredacted version of their
Opposition to Sealing of Certain Class Certification
Documents,
which relies on documents that AHM has sought to maintain
under
seal and which AHM designated Confidential.
3. Pursuant to Local Rule 79-5, Plaintiffs communicated with
Defendant on December 21, 2023 to confirm whether it was
Defendant’s position that the portions of Plaintiffs'
Opposition
that quote or reference documents AHM has sought to maintain
under seal, should also be filed under seal.
4. The Plaintiffs are submitting this application concurrently
with
the Declaration of Steve Lopez, which identifies the material
designated "Confidential" by AHM that Plaintiffs seek leave
to
file under seal in this Application.
The Plaintiffs include Matthew Villanueva, Roxana Cardenas, Robert
Morse, James Adams, Larry Fain, Joseph Russell, Peter Watson, Susan
McGrath, Ann Hensley, Craig DuTremble, and Vincent Liem, hereby
submit this Application for Leave to File Under Seal.
American Honda is the North American subsidiary of the Honda Motor
Company.
A copy of the Plaintiffs' motion dated Dec. 22, 2023 is available
from PacerMonitor.com at https://bit.ly/3NPfRAo at no extra
charge.[CC]
The Plaintiffs are represented by:
Eric H. Gibbs, Esq.
David Stein, Esq.
Steven Lopez, Esq.
GIBBS LAW GROUP LLP
1111 Broadway Street, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: ehg@classlawgroup.com
ds@classlawgroup.com
sal@classlawgroup.com
- and -
Mark S. Greenstone, Esq.
GREENSTONE LAW APC
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9156
Facsimile: (310) 201-9160
E-mail: mgreenstone@greenstonelaw.com
AMERICAN SIGNATURE: Porcelli Files Suit in S.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against American Signature,
Inc. The case is styled as Madison Porcelli, individually and on
behalf of all others similarly situated v. American Signature, Inc.
doing business as Value City Furniture, Case No. 9:23-cv-81595-XXXX
(S.D. Fla., Dec. 28, 2023).
The nature of suit is stated as Constitutional - State Statute.
American Signature, Inc. --
https://www.americansignaturefurniture.com/ -- is a privately owned
furniture company based in Columbus, Ohio.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Heather Lena Ries, Esq.
FOX ROTHSCHILD LLP
222 Lakeview Avenue, Suite 700
West Palm Beach, FL 33401
Phone: (561) 835-9600
Fax: (561) 835-9602
Email: hries@foxrothschild.com
AMERICAN TUNA: Craig Loses Bid for Class Certification
------------------------------------------------------
In the class action lawsuit captioned as JEFFREY CRAIG, on behalf
of himself and all others similarly situated, v. AMERICAN TUNA,
INC. and WORLD WISE FOODS, LTD., Case No. 3:22-cv-00473-RSH-MSB
(S.D. Cal.), the Hon. Judge Robert S. Huie entered an order denying
the plaintiff's
motion for class certification.
The court further entered an order the Plaintiff to show cause why
the action should not be dismissed for lack of Article III
standing. Plaintiff's brief is due within 30 days of the date of
this Order; Defendant may file a response within 21 days of the
filing of Plaintiff's brief.
Ray Glass, the sole named plaintiff in this action, is a resident
of New York and a consumer of American Tuna products.
The Defendant sells the majority of these products through Whole
Foods Market, but they are also available for direct purchase
through American Tuna's website.
On November 4, 2021, former Plaintiff Craig, on behalf of himself
and all others similarly situated, filed the initial Complaint in
this action in the Southern District of New York.
On January 31, 2022, the Plaintiff filed an Amended Complaint. On
April 8, 2022, this case was transferred from the Southern District
of New York to this Court.
The Plaintiff proposes a class of all persons "who purchased
American Tuna Products in New York State between November 2018 and
the date class notice is disseminated."
The class includes only consumers who purchased these products
primarily for personal, family, or household purposes, and not for
resale.
American Tuna is a San Diego-based company that sells canned and
pouched albacore tuna products.
A copy of the Court's order dated Dec. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/3RHsjTO at no extra charge.[CC]
APEX SYSTEMS: Class Cert Deadlines in McDaniel Suit Vacated
-----------------------------------------------------------
In the class action lawsuit captioned as IVEY MCDANIEL and JAY
PERRY, individually, and on behalf of other members of the general
public similarly situated; v. APEX SYSTEMS, LLC, a Virginia limited
liability company; Case No. 4:20-cv-06073-JST (N.D. Cal.), the Hon.
Judge Jon S. Tigar entered an order granting stipulation to vacate
or stay class certification deadlines as follows:
1. The December 22, 2023, February 2, 2024, and March 1, 2024
deadlines set for the April 25, 2023 Scheduling Order are
vacated;
2. A further status conference regarding status of settlement or
staying this case pending approval in Orange County Superior
Court is set for Feb. 13, 2024 at 2:00 pm PT.
Apex offers professionals for contract, contract-to-hire, and
direct placements.
A copy of the Court's order dated Dec. 20, 2023 is available from
PacerMonitor.com at https://bit.ly/3TMCBEK at no extra charge.[CC]
The Plaintiffs are represented by:
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
Areen Babajanian, Esq.
JUSTICE LAW CORPORATION
751 N. Fair Oaks Avenue, Suite 101
Pasadena, CA 91103
Telephone: (818) 230-7502
Facsimile: (818) 230-7502
E-mail: dhan@justicelawcorp.com
statavos@justicelawcorp.com
ababajanian@justicelawcorp.com
The Defendant is represented by:
Kenneth H. Yoon, Esq.
Stephanie E. Yasuda, Esq.
YOON LAW, APC
751 N. Fair Oaks Avenue, Ste. 102
Pasadena, CA 91103
Telephone: (213) 612-0988
Facsimile: (213) 947-1211
E-mail: kyoon@yoonlaw.com
syasuda@yoonlaw.com
- and -
Wendy Sugg, Esq.
SUGG LAW GROUP
384 Forest Ave., Suite 15
Laguna Beach, CA 92651
Telephone: (949) 260-9548
E-mail: wendy@sugglaw.com
APPLE INC: Mirage Wine Sues Over Inflated Fees for POS Transactions
-------------------------------------------------------------------
MIRAGE WINE + SPIRIT'S, INC., d/b/a MIRAGE WINE & SPIRITS,
individually and on behalf of all others similarly situated,
Plaintiff v. APPLE INC., VISA INC., and MASTERCARD INCORPORATED,
Defendants, Case No. 3:23-cv-03942 (S.D. Ill., Dec. 14, 2023) seeks
monetary relief for the inflated fees Plaintiff and the Class have
paid as a result of Apple and the "Entrenched Networks"' unlawful
agreement to restrain trade, including treble damages, the costs of
suit, and reasonable attorneys' fees, and injunctive relief if the
unlawful conduct continues through trial.
Visa, Mastercard, American Express, and Discover, referred here as
the "Entrenched Networks," have dominated the U.S. market for
Point-of-Sale Payment Card Network Services since the 1960s. As a
result of their dominance, the Entrenched Networks have long
imposed inflated fees on Merchants for use of their POS Transaction
Payment networks, and U.S. Merchants have paid fees that
significantly exceed fees charged in other jurisdictions.
Rather than compete in the U.S. POS Payment Card Network Services
market, however, Apple and the Entrenched Networks agreed to
allocate that market. Apple reached agreements with Visa and then
with Mastercard not to use the iPhone to establish its own
independent POS Transaction Payment network. Instead, Apple, Visa,
and Mastercard agreed to run Apple Pay transactions over the
Entrenched Networks' POS Transaction Payment networks. Upon
information and belief, Apple agreed with the Entrenched Networks
to protect their market division from competition by blocking third
parties from accessing certain hardware in the iPhone, namely the
iPhone's "Secure Element," which those third parties could have
used to establish mobile-based payment solutions that competed with
the Entrenched Networks. Upon information and belief, Apple later
reached similar agreements with American Express and Discover, says
the suit.
The Plaintiff is a Merchant that accepts Apple Pay as a method of
payment at the POS. The Plaintiff was incorporated as a corporation
on March 26, 2019, and conducted business thereafter.
Apple Inc. is a California corporation with its principal place of
business in Cupertino, California. Apple designs, markets, and
sells mobile devices, including iPhones, iPads, and watches.[BN]
The Plaintiff is represented by:
Stephen M. Tillery, Esq.
KOREIN TILLERY LLC
505 North 7th Street, Suite 3600
St. Louis, MO 63101
Telephone: (314) 241-4844
Facsimile: (314) 241-3525
E-mail: stillery@koreintillery.com
- and -
Christopher M. Burke, Esq.
Walter W. Noss, Esq.
Yifan (Kate) Lv, Esq.
KOREIN TILLERY P.C.
707 Broadway, Suite 1410
San Diego, CA 92101
Telephone: (619) 625-5620
Facsimile: (314) 241-3525
E-mail: cburke@koreintillery.com
wnoss@koreintillery.com
klv@koreintillery.com
- and -
Marc Wallenstein, Esq.
KOREIN TILLERY LLC
205 North Michigan Avenue, Suite 1950
Chicago, IL 60601
Telephone: (312) 899-5065
Facsimile: (314) 241-3525
E-mail: mwallenstein@koreintillery.com
- and -
K. Craig Wildfang, Esq.
Thomas J. Undlin, Esq.
Stacey P. Slaughter, Esq.
Ryan R. Marth, Esq.
Geoffrey H. Kozen, Esq.
Stephanie A. Chen, Esq.
ROBINS KAPLAN LLP
800 Lasalle Avenue, Suite 2800
Minneapolis, MN 55402
Telephone: (612) 349-8500
Facsimile: (612) 339-4181
E-mail: kcwildfang@RobinsKaplan.com
tundlin@RobinsKaplan.com
sslaughter@RobinsKaplan.com
rmarth@RobinsKaplan.com
gkozen@RobinsKaplan.com
schen@RobinsKaplan.com
- and -
David R. Scott, Esq.
Patrick J. McGahan, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 South Main Street P.O. Box 192
Colchester, CT 06415
Telephone: (860) 537-5537
Facsimile: (860) 537-4432
E-mail: david.scott@scott-scott.com
pmcgahan@scott-scott.com
- and -
Carmen Medici, Esq.
Sean Russell, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 West Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 798-5325
Facsimile: (619) 233-0508
E-mail: cmedici@scott-scott.com
srussell@scott-scott.com
- and -
Amelia F. Burroughs, Esq.
BURROUGHS LEGAL
P.O. Box 1154
Ferndale, CA 95536
Telephone: (707) 786-3955
E-mail: amelia@burroughslegal.com
ASPIRE RESOURCES: Calamusa Alleges FCCPA Violations
---------------------------------------------------
KRISTINA CALAMUSA, individually and on behalf of all those
similarly situated, Plaintiff v. ASPIRE RESOURCES INC., Defendant,
Case No. 24-000076-CI (Fla. Cir., 6th Judicial, Pinellas Cty.,
January 5, 2024) alleges that the Defendant violated the Florida
Consumer Collection Practices Act.
On April 19, 2023 and November 20, 2023, the Defendant sent
electronic mail communications to Plaintiff in connection with the
collection of the consumer debt. However, the electronic mails were
sent by Defendant to Plaintiff at 10:31 PM and 10:32 PM in
Plaintiff’s time zone. In addition, the Defendant did not have
the consent of Plaintiff to communicate with Plaintiff between the
hours of 9:00 PM and 8:00 AM, says the suit.
Based in West Des Moines, IA, Aspire Resources, Inc. provides
private and federal loan services. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Zane C. Hedaya, Esq. , Esq
Jennifer G. Simil, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
zane@jibraellaw.com
ASSOCIATION RECOVERY: Faces Dean Class Suit Over Consumer Credit
----------------------------------------------------------------
A class action lawsuit has been filed against Association Recovery
Services. The case is captioned as Aaron Dean, individually and on
behalf of all others similarly situated v. Association Recovery
Services, Case No. 2:24-cv-00030 (D. Nev., Jan. 4, 2024).
The suit alleges violation of the Fair Credit Reporting Act
involving consumer credit.
Association Recovery Services is a licensed Nevada collection
agency specializing in HOA collection & non–judicial foreclosure
services. [BN]
The Plaintiff is represented by:
Gustavo E. Ponce, Esq.
KAZEROUNI LAW GROUP, APC
6787 W. Tropicana Ave., Suite 250
Las Vegas, NV 89103
Telephone: (800) 400-6808
E-mail: gustavo@kazlg.com
AVANT GARDNER: Ting Suit Removed to C.D. California
---------------------------------------------------
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. 23STCV27657
was removed from the Superior Court of the State of California for
the County of Los Angeles, to the U.S. District Court for the
Central District of California on Dec. 27, 2023, and assigned Case
No. 2:23-cv-10821.
On November 9, 2023, Plaintiff filed an unverified Class Action
Complaint against Defendant which sets forth the following eight
causes of action: failure to pay minimum wages; failure to pay
overtime compensation; failure to provide meal periods; failure to
authorize and permit rest breaks; failure to indemnify necessary
business expenses; failure to timely pay final wages; failure to
provide accurate itemized wage statements; and unfair business
practices (California Business & Professions Code (the
"Complaint").[BN]
The Defendants are represented by:
Connie L. Chen, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Connie.Chen@jacksonlewis.com
AWESOME BROOKLYN: Colak Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Awesome Brooklyn,
LLC. The case is styled as Ali Colak, on behalf of himself and all
others similarly situated v. Awesome Brooklyn, LLC, Case No.
2:23-cv-09549 (E.D.N.Y., Dec. 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Awesome Brooklyn, LLC is a gift shop in New York.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
BANK OF AMERICA: Faces Class Suit Over Antitrust Law Violations
---------------------------------------------------------------
Alison Frankel of Reuters reports that Bank of America (BAC.N),
opens new tab and several other big banks named as defendants in a
rate-rigging lawsuit asserted a radical theory last month that
might have fundamentally altered class action litigation in federal
court, especially in securities fraud cases involving state pension
funds.
The banks got a chilly reception for their 11th-hour theory, and
they have only themselves to blame for asserting it late in the
process. But I would not be surprised to see the same arguments
crop up again. And if the theory gains traction, according to
plaintiffs' lawyers in the rate-rigging case, the implications
could be "immense and far reaching."
BofA and the other banks, including Citigroup (C.N), opens new tab,
Wells Fargo (WFC.N), opens new tab and JP Morgan Chase (JPM.N),
opens new tab are defendants in a antitrust class action alleging
that they conspired to rig interest rates for bonds known as
variable rate demand obligations, for which interest rates are
typically reset every week. Last September, U.S. District Judge
Jesse Furman of Manhattan certified, opens new tab a class of bond
managers that paid the banks to act as resetting agents. The class
includes at least 14 states and a plethora of state agencies.
The banks initially tried to block class certification by
challenging plaintiffs' economic models. But after Furman rejected
those arguments and certified the class, the defendants signed off
on a class notice.
They did so over protests by Edelweiss Fund, which is a
whistleblower in four state qui tam suits asserting allegations
that overlap with some of the claims in the class action.
Edelweiss' lawyers at McKool Smith said they were worried (among
other things) that the proposed class notice did not provide enough
notice to states about the rights they would be giving up unless
they opted out of the class. In a letter brief, opens new tab last
October, Edelweiss noted that some courts have questioned whether
the 11th Amendment of the U.S. Constitution, which establishes
states' sovereign immunity from federal jurisdiction, even permits
states to be members of a class in federal court.
At the time, the bank defendants said that Edelweiss' fears were
speculative. States were capable of making an informed decision
about whether to participate in the case, they said, and Furman
could deal at the conclusion of the case with any disputes about
the preclusive effect of his rulings.
But then the banks changed their minds, according to a Dec. 22
letter brief, opens new tab from bank lawyers at Wilmer Cutler
Pickering Hale and Dorr. Prompted by Texas' assertion of sovereign
immunity to block a subpoena from the banks, defense lawyers
conducted additional research on Edelweiss' sovereignty theory, the
banks said. That research, they told Furman, convinced defense
lawyers that state sovereignty could be a big problem.
Furman, they said, might not even have jurisdiction over states
participating in the case as absent class members because it's not
at all clear that states have waived sovereign immunity when they
have received a class action notice and have failed to opt out.
States might subsequently contend that under the 11th Amendment,
they are not bound by Furman's decision in the class action.
"There is a real risk that if the class [is] not modified, then
states and state entities with sovereign immunity could sit on the
sidelines and if they do not like the results (e.g., summary
judgment), decide then to assert sovereign immunity," the banks
said. That prospect, they said, undermines the whole point of class
actions, so they urged Furman to hold up class notification until
he revisited the question of whether states can even be class
members.
You can imagine how that proposition went over with class counsel
from Quinn Emanuel Urquhart & Sullivan, Susman Godfrey and Wollmuth
Maher & Deutsch. They argued in a Dec. 28 letter brief, opens new
tab that the banks' theory "poses [a] real threat to states'
autonomy and legal rights" -- but that Furman need not even engage
with the banks' arguments because they should have been raised at
the class certification stage, not after the class has been
certified and notice has been approved.
The banks' theory, moreover, would upend class actions in federal
court, plaintiffs said. States and state entities, class counsel
argued, are routinely class members in big commercial class actions
-- especially in shareholder fraud cases against companies in which
state pension funds have invested.
It simply cannot be, class counsel said, that states and state
entities must be barred from class membership even when they have
received class action notifications and have opted to stay in the
class.
"Defendants' arguments -- including their (inaccurate) assertion
that their so-called immunity issues implicate the court’s
Article III jurisdiction -- would be tantamount to holding that
virtually every federal court has for decades neglected its duty to
ensure it has jurisdiction," plaintiffs' lawyers warned. "That is
plainly not the case."
Last week, Furman denied, opens new tab the banks' request to delay
or reopen the class notification process. He agreed with class
counsel that the defendants blew their chance by failing to
challenge states' membership before the class was certified and by
initially arguing in response to Edelweiss' letter last October
that the court should wait until the conclusion of the case to
resolve any hypothetical preclusion issues.
But the judge expressly reserved judgment on the merits of the
banks' sovereign immunity arguments, which he called "interesting
and complex."
Furman is a notably thoughtful, scholarly judge. If he thinks the
banks' theory is worth future consideration, it's a good bet that
we will see it again.
Noah Levine of WilmerHale, who signed the defendants' letter briefs
on the state sovereignty issue, did not respond to my request for
comment. (WilmerHale represents Bank of America but Levine's
letters were on behalf of all of the banks.) Edelweiss counsel
Daniel Levy of McKool, who was the first lawyer to raise the state
sovereign immunity issue, also did not respond.
Class counsel Daniel Brockett of Quinn Emanuel declined to comment,
citing the ongoing rate-rigging litigation. [GN]
BANK OF AMERICA: Parties Seek More Time to File Class Cert Bid
--------------------------------------------------------------
In the class action lawsuit re Bank of America California
Unemployment Benefits Litigation, Case No. 3:21-md-02992-LAB-MSB
(S.D. Cal.), the Parties ask the Court to enter an order granting
theirstipulation and joint motion to extend the case schedule:
Event Current
Proposed
Date Date
Motion for Class Certification: Jan. 15, 2024 Mar. 15,
2024
Opp. to Motion for Class - Apr. 26,
2024
Certification:
Reply ISO Motion for Class - May 24,
2024
Certification:
Expert Discovery Completed: May 31, 2024 Sept. 13,
2024
Pretrial Motions Deadline: June 28, 2024 Oct. 11,
2024
Proposed pretrial order to Oct. 14, 2024 Jan. 27,
2025
Defendant:
Final Pretrial Conference: Oct. 28, 2024 Feb. 10,
2025
A copy of the Parties motion dated Dec. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/48NVI5P at no extra charge.[CC]
The Plaintiffs are represented by:
Brian Danitz, Esq.
Karin B. Swope, Esq.
Andrew F. Kirtley, Esq.
COTCHETTPITRE & McCARTHY, LLP
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: (650) 697-6000
Facsimile: (650) 697-0577
E-mail: bdanitz@cpmlegal.com
kswope@cpmlegal.com
akirtley@cpmlegal.com
- and -
Michael Rubin, Esq.
Connie K. Chan, Esq.
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: (415) 421-7151
Facsimile: (415) 362-8064
E-mail: mrubin@altber.com
cchan@altber.com
The Defendant is represented by:
James W. Mcgarry, Esq.
GOODWIN PROCTER LLP
100 Northern Avenue
Boston, MA 02210
Telephone: (617) 570-1000
Facsimile: (617) 523-1231
E-mail: JMcGarry@goodwinlaw.com
BANK OF AMERICA: Stripling Suit Transferred to W.D. North Carolina
------------------------------------------------------------------
The case captioned as Jessica Stripling and Miedo Donque, on behalf
of themselves and all others similarly situated v. BANK OF AMERICA,
N.A., Case No. 1:23-cv-06829 was transferred from the U.S. District
Court for the Northern District of Illinois, to the U.S. District
Court for the Western District of North Carolina on Dec. 29, 2023.
The District Court Clerk assigned Case No. 3:23-cv-00908-KDB-DCK to
the proceeding.
The nature of suit is stated as Other Statutory Actions for the
Fair Credit Reporting Act.
The Bank of America Corporation -- http://www.bankofamerica.com/--
is an American multinational investment bank and financial services
holding company headquartered at the Bank of America Corporate
Center in Charlotte, North Carolina.[BN]
The Plaintiff is represented by:
Andrea R. Gold, Esq.
Hassan A. Zavareei, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue NW, Suite 1010
Washington, DC 20006
Phone: (202) 973-0900
Fax: (202) 973-0950
Email: agold@tzlegal.com
hzavareei@tzlegal.com
- and –
Daniel Srourian, Esq.
DANIEL SROURIAN
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (213) 474-3800
Email: daniel@slfla.com
The Defendant is represented by:
Amanda Leigh Groves, Esq.
WINSTON & STRAWN LLP
300 South Tryon Street-16th Floor
Charlotte, NC 28202
Phone: (704) 350-7755
Fax: (704) 350-7800
Email: agroves@winston.com
- and –
Elizabeth Jeanne Ireland, Esq.
WINSTON & STRAWN LLP
100 North Tryon St., Suite 2900
Charlotte, NC 28202
Phone: (704) 350-7812
Fax: (704) 350-7812
Email: eireland@winston.com
- and –
Ross Jacob Corbett
WINSTON & STRAWN, LLP
35 W. Wacker Dr.
Chicago, IL 60601
Phone: (312) 558-3760
BASF CORP: Faces Russell Suit Over Untimely Wage Payments
---------------------------------------------------------
Karen Russell, individually and on behalf of all others similarly
situated, Plaintiff v. BASF Corporation, Defendant, Case No.
7:23-cv-11176 (S.D.N.Y., Dec. 26, 2023) seeks to recover
underpayment caused by untimely wage payments and other damages for
Plaintiff and similarly situated non-exempt hourly employees
pursuant to the New York Labor Law.
The complaint asserts that the Defendant has compensated Plaintiff
and all other Hourly Workers in New York on a bi-weekly basis.
Despite being manual workers, Defendant has failed to properly pay
Plaintiff and other Hourly Workers in New York their wages within
seven calendar days after the end of the week in which these wages
were earned. In this regard, Defendant has failed to provide timely
wages to Plaintiff and all other similarly situated Hourly Workers
in New York, says the suit.
Plaintiff Russell was employed by Defendant as a Chemical Operator,
an Hourly Worker, earning approximately between $20 to $30 dollars
per hour during the six year period prior to the filing this
Complaint. Plaintiff Russell's pay rate varied as it increased from
year to year.
BASF Corporation is a chemical company doing business in the State
of New York, but organized and existing under the laws of
Delaware.[BN]
The Plaintiff is represented by:
Jordan El-Hag, Esq.
Dylan Wiley, Esq.
EL-HAG & ASSOCIATES, P.C
777 Westchester Ave, Suite 101
White Plains, NY 10604
Telephone: (914) 218-6190
Facsimile: (914) 206-4176
E-mail: Jordan@elhaglaw.com
D.Wiley@elhaglaw.com
BEEGHLY AND COMPANY: Karim Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
JESSICA KARIM, on behalf of herself and all others similarly
situated, Plaintiffs v. Beeghly and Company Holdings, LLC,
Defendant, Case No. 1:24-cv-00133 (S.D.N.Y., January 8, 2024)
arises from the Defendant's failure to design, construct, maintain,
and operate their website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the American Disability
Act, the New York State Human Rights Law, and the New York City
Human Rights Law.
By failing to make the website accessible to blind persons,
Defendant is violating basic equal access requirements under both
state and federal law. Despite readily available accessible
technology, Defendant has chosen to rely on an exclusively visual
interface in which only the sighted customers can independently
browse, select, and buy online without the assistance of others,
says the suit.
Headquartered in Greensburg, PA, Beeghly and Company Holdings is a
Pennsylvania limited liability company that operates the website,
Beeghlyandcompany.com, which offers products and services for
online sale. The online store allows the user to view jewelry, make
purchases, and perform a variety of other functions. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd. Suite 404
Manhasset, NY 11030
Telephone: +1 (347) 941-4715
E-mail: Glevyfirm@gmail.com
BLUEWATER GRILL: Faces Greene Class Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Bluewater Grill
Redondo LP. The case is captioned as JAMES D. GREENE, ON BEHALF OF
HIMSELF AND ALL OTHERS SIMILARLY SITUATED, AND THE GENERAL v.
BLUEWATER GRILL REDONDO LP, A CALIFORNIA PARTNERSHIP, ET AL., Case
No. 24STCV00295 (Cal. Super. Ct., Los Angels Cty., Jan. 4, 2024).
The suit is brought over alleged employment law violations.
The Defendants include AVALON AN ENTITY OF UNKNOWN FORM, BLUE WATER
NEWPORT BEACH INC. A CALIFORNIA CORPORATION, BLUEWATER AVALON INC.
A CALIFORNIA CORPORATION, BLUEWATER AVALON LP A CALIFORNIA
PARTNERSHIP, BLUEWATER CARLSBAD INC. A CALIFORNIA CORPORATION,
BLUEWATER CARLSBAD LP A CALIFORNIA PARTNERSHIP, BLUEWATER CORONADO
INC. A CALIFORNIA CORPORATION, BLUEWATER CORONADO LP A CALIFORNIA
PARTNERSHIP, BLUEWATER GRILL AN ENTITY OF UNKNOWN FORM, BLUEWATER
GRILL REDONDO LP A CALIFORNIA PARTNERSHIP, BLUEWATER PHOENIX INC. A
CALIFORNIA CORPORATION, BLUEWATER PHOENIX LP A CALIFORNIA
PARTNERSHIP, BLUEWATER REDONDO BEACH INC. A CALIFORNIA CORPORATION,
BLUEWATER SANTA BARBARA INC. A CALIFORNIA CORPORATION, BLUEWATER
SANTA BARBARA LP A CALIFORNIA PARTNERSHIP, BLUEWATER TEMECULA INC.
A CALIFORNIA CORPORATION, BLUEWATER TEMECULA LP A CALIFORNIA
PARTNERSHIP, BOATHOUSE AN ENTITY OF UNKNOWN FORM, and EL GALLEON AN
ENTITY OF UNKNOWN FORM.[BN]
BOSTON MARKET: Tejeda Bid for Default Judgment Partly OK'd
-----------------------------------------------------------
In the class action lawsuit captioned as Jose Tejeda, v. Boston
Market Corporation, et al., Case No. 2:23-cv-01497-JJT (D. Ariz.),
the Hon. Judge John J. Tuchi entered an order granting in part and
denying in part the Plaintiff's and Opt-In Plaintiffs' Motion for
Entry of Default Judgment against the Defendants.
The Court further ordered that:
-- The Plaintiff Tejeda will be entitled to default judgment in
the
amount of $20,160, for which Defendant Boston Market
Corporation
shall be fully liable, and of that $20,160, Defendants Boston
Market Corporation, Jignesh Pandya, and Mital Pandya shall be
liable for $14,403.60, jointly and severally.
-- Opt-In Plaintiffs Heintzelman, Hagenson, and Lopez shall each
be
entitled to default judgment in the amount of $2,610, for
which
Defendants Boston Market Corporation, Jignesh Pandya, and
Mital
Pandya shall be liable, jointly and severally.
-- Opt-In Plaintiffs Medina, Neal, and Perez shall each be
entitled
to default judgment in the amount of $3,045, for which
Defendants Boston Market Corporation, Jignesh Pandya, and
Mital
Pandya shall be liable, jointly and severally.
-- Pursuant to Federal Rule of Civil Procedure 54(b), the Court
determines there is no just reason for delay of entry of
partial
final judgment.
The Plaintiff Tejeda filed a Complaint individually and on behalf
of all similarly situated individuals against his former employers,
Defendants Boston Market and Pandyas. The Complaint alleges
class-action claims under the Arizona Minimum Wage Act ("AMWA"),
and the Arizona Wage Act ("AWA").
The Plaintiff also alleges collective-action claims under the Fair
Labor Standards Act ("FLSA").
In his AMWA and AWA claims, Plaintiff alleges a putative class
of over one hundred individuals who worked for Boston Market in
Arizona and did not receive the proper compensation over a period
of weeks in 2023.
Boston Market was an American fast casual restaurant chain.
A copy of the Court's order dated Dec. 20, 2023 is available from
PacerMonitor.com at https://bit.ly/3tGmMov at no extra charge.[CC]
BPS DIRECT: Maldonado Suit Removed From State Court to C.D. Cal.
----------------------------------------------------------------
A class action suit captioned as Xavier Maldonado, et al. v. BPS
Direct LLC, et al, Case No. 23STCV28730, was removed from the
Superior Court of California - Los Angeles, to the United States
District Court for the Central District of California (Western
Division - Los Angeles) on Jan. 4, 2024.
The Central District of California Court Clerk assigned Case No.
2:24-cv-00098-SVW-MAR to the proceedings.
The case is assigned to the Hon. Judge Stephen V. Wilson.
The Plaintiff includes Xavier Maldonado, Justin Purser, and
Christopher Butler.
The Defendants include BPS Direct LLC, Cabelas LLC, Bass Pro
Outdoor World LLC, Great Outdoors Group LLC, Cabelas Wholesale LLC,
and Does 1 through 100 inclusive.
The Plaintiffs, individually on behalf of themselves and all others
similarly situated, are represented by:
Christopher Ross Rodriguez, Esq.
Andrew Daniel Bluth, Esq.
John R Ternieden, Esq.
Trent J Nelson, Esq.
YuQing Min, Esq.
SINGLETON SCHREIBER, LLP
1414 K Street Suite 470
Sacramento, CA 95814
Telephone: (916) 248-8478
E-mail: crodriguez@singletonschreiber.com
abluth@singletonschreiber.com
jtemieden@singletonschreiber.com
tnelson@singletonschreiber.com
emin@singletonschreiber.com
- and -
Thomas A. Leary, Esq.
LAW OFFICE OF THOMAS LEARY APC
3023 First Avenue
San Diego, CA 92103
Telephone: (619) 291-1900
The Defendants are represented by:
Alyssa A. Sussman, Esq.
Matthew P Kanny, Esq.
Laura Alexandra Stoll, Esq.
GOODWIN PROCTER LLP
620 Eighth Avenue
New York, NY 10018-1405
Telephone: (212) 813-8800
Facsimile: (212) 355-3333
E-mail: asussman@goodwinlaw.com
MKanny@goodwinlaw.com
lstoll@goodwinlaw.com
C&W FACILITY: Ochoa Suit Removed to C.D. California
---------------------------------------------------
The case captioned as Noel Ochoa, on behalf of himself and all
others similarly situated v. C&W FACILITY SERVICES, INC., a
corporation; and DOES 1 through 100, Inclusive, Case No.
2023CUOE015787 was removed from the Superior Court of the State of
California for the County of Los Angeles, to the U.S. District
Court for the Central District of California on Dec. 27, 2023, and
assigned Case No. 2:23-cv-10827.
On October 25, 2023, Plaintiff, Noel Ochoa, on behalf of himself
and all others similarly situated, filed a putative class action
complaint against Defendant wherein he alleges the following causes
of action: Failure to Pay Overtime Compensation; Failure to Pay
Minimum Wages; Failure to Provide Meal Periods; Failure to
Authorize and Permit Rest Breaks; Failure to Provide Accurate
Itemized Wage Statements; Failure to Timely Pay Final Wages at
Termination; Failure to Indemnify Necessary Business Expenses; and
Violation of Business and Professions Code Section (hereinafter the
"Complaint").[BN]
The Defendants are represented by:
Torey Joseph Favarote, Esq.
GLEASON & FAVAROTE, LLP
4014 Long Beach Blvd., Suite 300
Long Beach, CA 90807
Phone: (213) 452-0510
Facsimile: (213) 452-0514
Email: tfavarote@gleasonfavarote.com
CARDINAL LOGISTICS: Filing for Class Cert Bid Due May 1
-------------------------------------------------------
In the class action lawsuit captioned as ROLAND, et al., v.
Cardinal Logistics Management Corporation, et al., Case No.
1:23-cv-11586
(D. Mass., Filed July 14, 2023), the Hon. Judge entered an order
adopting the parties' proposed scheduling order and setting the
following deadlines:
-- Amendments to pleadings due no Feb. 29, 2024
later than:
-- Motions for Class Certification May 1, 2024
due:
-- All discovery, other than expert Aug. 1, 2024
discovery, must be completed by:
-- The Plaintiff's trial experts, if Sept. 1, 2024
any, must be designated, and the
information contemplated by Fed.
R. Civ. P. 26(a)(2) must be
disclosed, by:
-- The Plaintiff's trial experts must Sept. 15, 2024
be deposed by:
-- The Defendant's trial experts must Nov. 1, 2024
be designated, and the information
contemplated by Fed. R. Civ. P.
26(a)(2) must be disclosed, by:
-- The Defendant's trial experts must be Nov. 15, 2024
deposed by:
-- Dispositive motions due by: Dec. 1, 2024
The nature of suit states Labor -- Other Labor Litigation.
Cardinal Logistics is a provider of transportation and logistics
solutions.[CC]
CARE AND DEVELOPMENT: Warren Sues Over Unpaid Overtime Wages
------------------------------------------------------------
Tammy Warren and Anthony Badon, on behalf of themselves and all
those similarly situated v. CARE AND DEVELOPMENT CENTER, INC.,
GILBERT CHARLES, AND LAVERNE KING, Case No. 2:23-cv-07432 (E.D.
La., Dec. 29, 2023), is brought against the Defendants seeking
unpaid overtime and liquidated damages owed to them for not being
paid overtime timely in direct violation of the Fair Labor
Standards Act (hereinafter called the "FLSA").
While working for Defendants, the Plaintiffs worked in excess of 40
hours per week performing services for Defendants' clients.
However, despite the fact that the Plaintiffs worked in excess of
40 hours per week for Defendants, they were not and have not been
properly paid overtime for all hours she worked in excess of 40 per
week, says the complaint.
The Plaintiff began working for the Defendants as a Direct Service
Worker in June 2016.
Care and Development Center, Inc. was, and continues to be a
Louisiana non-profit company.[BN]
The Plaintiff is represented by:
Jody Forester Jackson, Esq.
Mary Bubbett Jackson, Esq.
JACKSON+JACKSON
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170
Phone: (504) 599-5953
Fax: (888) 988-6499
Email: jjackson@jackson-law.net
mjackson@jackson-law.net
CARGILL MEAT: Filing for Class Cert Bid in Luvianio Suit Due Oct. 1
-------------------------------------------------------------------
In the class action lawsuit captioned as JASMINE LUVIANIO, on
behalf of herself and all others similarly situated, v. CARGILL
MEAT SOLUTIONS CORPORATION, Case No. 2:23-cv-00959-NODJ-SKO (E.D.
Cal.), the Hon. Judge Sheila K. Oberto entered a scheduling order
setting class certification deadlines:
1. Class certification discovery shall Aug. 30, 2024
be completed by no later than:
2. The motion for class certification Oct. 1, 2024
shall be filed by no later than:
3. Any opposition to the motion for Nov. 1, 2024.
class certification shall be filed
by no later than:
4. Any reply brief in support of the Nov. 15, 2024
motion for class certification shall
be filed by no later than:
5. The motion for class certification Dec. 4, 2024
shall be heard on:
Cargill is a family company providing food, ingredients,
agricultural solutions and industrial products.
A copy of the Court's order dated Dec. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/48pcdoO at no extra charge.[CC]
CELESTRON ACQUISITION: Class Cert Deposition Scheduling Entered
---------------------------------------------------------------
In the class action lawsuit captioned as Spectrum Scientifics, LLC
et al v. CELESTRON ACQUISITION, LLC et al. (TELESCOPES ANTITRUST
LITIGATION), Case No. 5:20-cv-03642-EJD (N.D. Cal.), the Hon. Judge
Virginia K. Demarchi entered an order re Dec. 11, 2023 discovery
dispute re deposition scheduling:
Although a schedule for the depositions of party witnesses was set
and ordered by the Court in August and September 2023, the parties
have cast aside substantial parts of that schedule.
The Court understands that the following depositions of Defendants'
witnesses need to be rescheduled:
1. Sylvia Shen
2. Jack Chen
3. Dave Anderson
4. Joseph Lupica
5. Jean Shen
6. Min Ma
7. Michael Sun
8. Lance Lucero
9. Claudia Pearson
10. Rick Ayres (Rule 30(b)(6))
11. Paul Roth (Rule 30(b)(6))
12. Amir Cannon (Rule 30(b)(6))
13. Alan Hale (Rule 30(b)(6))
14. Corey Lee (Rule 30(b)(6))
The parties shall schedule and complete these depositions as
follows:
1. No party may cancel party depositions that have already been
scheduled as of the date of this order, absent a written
stipulation or order of the Court, including the previously
scheduled depositions of DPPs' witnesses.
2. In view of the deadline for DPPs to file a motion for class
certification, all of the above-referenced depositions must
be
completed by March 15, 2024.
3. Defendants must identify at least three alternative dates on
which each witness is available for deposition. Defendants
shall
avoid identifying dates that would require doubletracking of
depositions.
4. Defendants must provide to DPPs proposed dates for the
depositions of each witness listed above, and must advise of
the
witness's inability to travel, if any, no later than
December
29, 2023.
5. DPPs shall advise defendants of the dates they have selected
to
take each witness's deposition no later than January 3,
2024.
6. The parties shall confer regarding any disputes that remain
no
later than January 5, 2024.
7. The parties shall file a joint report advising the Court of
their agreed schedule for the foregoing depositions and of
any
remaining scheduling issues that require the Court's
resolution
by January 9, 2024.
Celestron manufactures life science equipment.
A copy of the Court's order dated Dec. 20, 2023 is available from
PacerMonitor.com at https://bit.ly/3vobypm at no extra charge.[CC]
CH2M HILL ENGINEERS: Ponce Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Celine Ponce, an individual, on behalf of
herself and all others similarly situated v. CH2M HILL ENGINEERS,
INC., a Delaware corporation; JACOBS ENGINEERING GROUP INC., a
Delaware Corporation; JACOBS SOLUTIONS INC., a Delaware
corporation; and DOES 1 through 50 inclusive, Case No. 23STCV25102
was removed from the Superior Court of the State of California for
the County of Los Angeles, to the U.S. District Court for the
Central District of California on Dec. 27, 2023, and assigned Case
No. 2:23-cv-10797.
The Plaintiff's complaint alleges that Defendants violated
California Labor Code and IWC Order No. 4-2001, by failing to
compensate Plaintiff and class members who were not provided with a
meal period with one additional hour of compensation at each
employee's regular rate of pay for each workday that a meal period
was not provided.[BN]
The Defendants are represented by:
Leonora M. Schloss, Esq.
Payam Malakouti, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Leonora.Schloss@jacksonlewis.com
Payam.Malakouti@jacksonlewis.com
CHEDDAR CAPITAL: Starling Files TCPA Suit in W.D. Tennessee
-----------------------------------------------------------
A class action lawsuit has been filed against Cheddar Capital
Partners, Inc. The case is styled as Rkes Starling, on behalf of
himself and all others similarly situated v. Cheddar Capital
Partners, Inc., Case No. 2:23-cv-02807 (W.D. Tenn., Dec. 27,
2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Cheddar Capital -- https://cheddarcap.com/ -- is a financial
institution that offers business loans, equipment financing,
funding, and invoice factoring services.[BN]
The Plaintiff is represented by:
David W. Garrison, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, PLLC
200 31st Avenue North
Nashville, TN 37203
Phone: (615) 244-2202
Fax: (615) 252-3798
Email: dgarrison@barrettjohnston.com
CHICAGO PUBLIC SCHOOLS: Sued Over Unlawful Withholding of Wages
---------------------------------------------------------------
Shalon McNeal, on behalf of herself and all others similarly
situated v. CHICAGO PUBLIC SCHOOLS, and UKG, INC., Case No.
1:23-cv-17127 (N.D. Ill., Dec. 28, 2023), is brought seeks to
redress Defendants' unlawful withholding of wages for Plaintiff and
Class Members as a result of a data breach on or around December
11, 2021 ("Data Breach" or "Kronos Outage").
On that date, and possibly on others, Defendants' inadequate
security measures allowed unauthorized individuals to access and
render unusable a workforce management software application
Defendants used to process payroll and store data that contained
the personal identifying information ("PII") of Plaintiff and other
individuals. This outage led to problems in time-keeping and
payroll throughout Defendants' system.
As a result, CPS employees who were not exempt from overtime under
federal and state law were not paid owed minimum wages and/or for
all overtime hours worked and/or were not paid owed minimum wages
or their proper overtime premium on time, if at all, for all
regular hours and overtime hours worked during and after the Kronos
Outage.
The Defendants could have easily implemented a system to accurately
record time and properly pay non-exempt employees until issues
related to the outage were resolved. Instead, Defendants pushed the
cost of the Kronos Outage on the most economically vulnerable
people in their workforce.
The Plaintiff brings this lawsuit on behalf of herself and Class
Members to recover unpaid minimum and overtime wages and other
damages owed by Defendants to Plaintiff and Class Members who were
the ultimate victims of not just the Data Breach but CPS' own
decision to make its non-exempt employees bear the economic burden
for the outage, says the complaint.
The Plaintiff was employed by CPS as a special education classroom
assistant at the Daniel S. Wentworth Elementary School in the
Chicago Public School District.
Chicago Public Schools is an Illinois municipality that provides
educational services to the public through the Board of Education
of The City of Chicago.[BN]
The Plaintiff is represented by:
Richard R. Gordon, Esq.
GORDON LAW OFFICES, LTD.
111 West Washington Street, Suite 1240
Chicago, IL 60602
Phone: (312) 332-5200
Email: rrg@gordonlawchicago.com
- and -
Jeremiah Frei-Pearson, Esq.
Panning Cui, Esq.
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP
One North Broadway, Suite 900
White Plains, NY 10601
Phone: (914) 298-3281
Email: jfrei-pearson@fbfglaw.com
pcui@fbfglaw.com
CHICAGO, IL: High Court Rejects Bogus Parking Tickets Class Suit
----------------------------------------------------------------
Scott Holland of Cook County Record reports that a unanimous
Illinois Supreme Court ruling permanently booted a class action
concerning allegedly bogus parking tickets issued by the city in
Chicago's Central Business District.
Alec Pinkston originally sued in 2019. He is represented by
attorneys Thomas Zimmerman Jr. and Matthew De Re, of the Zimmerman
Law Offices, of Chicago.
The lawsuit alleged the city, over several years, wrote more than
30,000 tickets worth at least $65 per violation to cars parked
outside the legally defined district, which roughly includes the
Loop and much of River North, bordered by Halsted Street on the
west, Division Street on the north, Roosevelt Road on the south and
Lake Michigan on the east.
Pinkston's complaint relied on news reports from CBS Chicago and
ProPublica that allegedly revealed ticket practices from 2013-2018
under an ordinance that enhances the fine for violating the city's
metered parking restrictions in the district, such as parking
without paying the meter or remaining parked after the meter
expires.
The city moved to dismiss the complaint, arguing Pinkston didn't
exhaust the possible administrative remedies and paid his fine
voluntarily. Although Cook County Judge Caroline Moreland agreed
with the city, a 2-1 Illinois First District Appellate Court ruling
reversed the dismissal and revived the complaint.
The city asked the Supreme Court to consider the case in September
2022. It agreed, and allowed several non-profit public policy
organizations, including the Illinois Municipal League, Chicago
Appleseed Center for Fair Courts, Chicago Council of Lawyers,
Chicago Jobs Council and Woodstock Institute, to file support
briefs. On appeal before the Supreme Court, the city renewed its
arguments.
Justice Lisa Holder White wrote the 7-0 opinion, filed Nov. 30.
The appeals court majority determined Pinkston's complaint should
have warranted an exception to the so-called "administrative remedy
requirement," because Pinkston wasn't seeking an individual
determination on his parking ticket, but rather had sued over
alleged systemic practices. Under the administrative remedy
requirement, people are generally required to "exhaust" city
administrative hearings and appeals before they can challenge
tickets and other government actions against them in court.
But the city argued Pinkston's case "could not avoid exhaustion by
bringing a class action for equitable relief based on allegations
of a routine course of conduct," Holder White wrote.
The Supreme Court noted improper parking tickets are "routinely
handled at the administrative level" and identified Chicago's
Department of Administrative Hearings as created for such
purposes.
"The administrative procedure in place provided plaintiff with
ample opportunity to contest his parking ticket," Holder White
wrote. "He even sent a letter identifying his reason for contesting
the ticket -- that the license plate was incorrect. The hearing
officer found him liable, stating plaintiff failed to submit
sufficient evidence to prove his case. What plaintiff did not do
was contest his ticket by stating he was not parked within the
central business district."
Neither the department nor Judge Moreland have determined whether
Pinkston's car was parked within the district, according to the
opinion, meaning the city still could've corrected the alleged
error. Pinkston insisted his lawsuit was nevertheless appropriate
because the agency couldn't provide an adequate legal remedy --
namely an injunction to prevent future inaccurate citations -- but
the court said his class action represents an improper approach to
"circumvent administrative remedies," especially since every
potential class member would've had the same opportunity to contest
their individual tickets.
"While the city may issue the tickets through its code enforcement
officers, it has also implemented an administrative process to deal
with challenges to those tickets, including a hearing before the
DOAH," Holder White wrote. "To simply claim it is the city's
actions at issue and thus exhaustion is not required would have the
effect of nullifying the administrative process for a whole host of
code violations and flood the circuit court with litigation. This
was not the legislature's intent in establishing the Administrative
Review Law."
Because it reached its ruling based only on whether Pinkston
exhausted the available administrative remedies, the Supreme Court
did not consider the city's argument Pinkston's lawsuit was also
nullified by his decision to pay the ticket before filing suit, a
legal doctrine known as the "voluntary payment doctrine."
Attorney Thomas Zimmeman, who represented Pinkston, did not respond
to requests from The Cook County Record for comment on the
decision. [GN]
CHW GROUP INC: Jubb Files TCPA Suit in D. New Jersey
----------------------------------------------------
A class action lawsuit has been filed against CHW Group, Inc. The
case is styled as James Jubb, Velma Howell, Tadd Snowbarger, Pamela
Allen, Jon Hanson, on behalf of themselves and others similarly
situated v. CHW Group, Inc. doing business as: Choice Home
Warranty, Case No. 2:23-cv-23383-EP-MAH (D.N.J., Dec. 28, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
CHW Group, Inc. doing business as Choice Home Warranty --
https://www.choicehomewarranty.com/ -- offers two plans for
customers, Basic and Total, that provide coverage for a variety of
appliances and home systems.[BN]
The Plaintiff is represented by:
Jacob U. Ginsburg, Esq.
KIMMEL & SILVERMAN
30 E. Butler Ave.
Ambler, PA 19002
Phone: (267) 468-5374
Email: jginsburg@creditlaw.com
CITIGROUP INC: High Court Rejects Class Suit Over Bankruptcy Relief
-------------------------------------------------------------------
Alex Wolf of Bloomberg Law reports that The US Supreme Court
declined to hear a case over whether a bankruptcy judge can certify
a nationwide class of individuals who allege Citigroup Inc.
willfully violated their bankruptcy discharges.
The high court's order on January 8, 2024 leaves in place an August
ruling by the US Court of Appeals for the Second Circuit that freed
Citi from facing a nationwide class action claim for allegedly
refusing to correct the tradelines for consumers whose credit card
debts were discharged in bankruptcy. The Second Circuit held that a
bankruptcy court lacks the authority to hold a creditor in contempt
for violating a debt discharge injunction issued by another
bankruptcy court, and thus can't grant broad relief to a nationwide
class.
Petitioner Kimberly Bruce said the justices should hear the dispute
because there's nothing in the US Bankruptcy Code that prohibits
certification of a nationwide class of debtors or imposes the
jurisdictional limitation outlined by the Second Circuit. Moreover,
the August ruling stands in conflict with First Circuit precedent,
she said.
Bruce, who was initially permitted by the US Bankruptcy Court for
the Southern District of New York to bring a civil contempt claim
against Citi on behalf of a nationwide class, said there’s no
need to make thousands of class members return to hundreds of
bankruptcy judges "to obtain the same relief against the same
defendant."
Citi waived its right to respond to the petition.
Bruce is represented by Boies Schiller Flexner LLP and Charles
Juntikka & Associates LLP.
Citi is represented by Sidley Austin LLP.
The case is Bruce v. Citigroup Inc., U.S., No. 23-470, petition
denied 1/8/24.
To contact the reporter on this story: Alex Wolf in New York at
awolf@bloomberglaw.com
To contact the editor responsible for this story: Maria Chutchian
at mchutchian@bloombergindustry.com [GN]
CLOTHESMINDS INC: Jaime Sues Over Unlawful Labor Practices
----------------------------------------------------------
DIVINA JAIME, Plaintiff v. CLOTHESMINDS, INC.; JOSEPH HERNANDEZ;
and DOES 1 to 25, inclusive, Defendants, Case No. 24STCV00510 (Cal.
Super., Los Angeles Cty., January 8, 2024) is a class action
brought by the Plaintiff, on behalf of others similarly situated,
alleging wrongful termination and violations of the California
Labor Code, the Fair Employment and Housing Act, and the California
Business and Professions Code.
The Plaintiff started working at Clothesminds on or around 2020.
During her employment tenure, the Plaintiff was seemingly
miscategorized and misclassified as a 1099 independent contractor
employee and was paid $14/hour. Allegedly, Clothesminds had a
policy and practice of rounding down hours worked to the detriment
of employees, which is akin to a minimum wage violation. In
addition, Clothesminds also failed to pay Plaintiff and others for
all hours worked to the extent that Plaintiff and others worked
during or through their meal breaks and while they were "off the
clock". It also failed to include bonus payment or incentive
payments in calculating employees' regular rate of pay for purposes
of deciphering their overtime rate of pay, the Plaintiff asserts.
Based in Los Angles County, California, Clothesminds, Inc. is a
California corporation that operates as clothing wholesaler. [BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
COMCAST CABLE: Faces Harper Contract Class Suit in D.S.C.
---------------------------------------------------------
A class action lawsuit has been filed against Comcast Cable
Communications LLC. The case is captioned as Harper, et al., v.
Comcast Cable Communications LLC et al., Case No. 2:24-cv-00072-RMG
(D.S.C., Jan. 4, 2024).
The nature of suit states Diversity-Other Contract. The case is
assigned to the Hon. Richard M. Gergel.
The Plaintiffs include Shandrelle Harper and Daniel Frank.[BN]
The Plaintiffs are represented by:
Blake Garrett Abbott, Esq.
Paul J. Doolittle, Esq.
POULIN WILLEY ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Telephone: (843) 614-8888
E-mail: blake.abbott@poulinwilley.com
pauld@akimlawfirm.com
CREDIT SUISSE: Hohimer Sues Executives for Breach of Statutory Duty
-------------------------------------------------------------------
HOHIMER WEALTH MANAGEMENT LLC, individually and on behalf of other
Credit Suisse Group AG AT1 Bondholders, Plaintiff vs. BRADY W.
DOUGAN, ERIC VARVEL, JAMES L. AMINE, TIMOTHY P. O'HARA, DAVID
MILLER, BRIAN CHIN, CHRISTIAN MEISSNER, GAEL DE BOISSARD, URS
ROHNER, TIDJANE THIAM, THOMAS GOTTSTEIN, SIR ANTONIO HORTA-OSORIO,
ROBERT S. SHAFIR, LARA J. WARNER, RICHARD E. THORNBURGH, ANDREAS
GOTTSCHLING, MICHAEL KLEIN, and NOREEN DOYLE, Defendants, Case No.
1:23-cv-11138 (S.D.N.Y., Dec. 22, 2023) alleges that Defendants
breached their statutory duties owed to Credit Suisse's AT1
bondholders, including Plaintiff and each of the other Class
members, under the Swiss Code of Obligations Articles 716a,
716/716b, 717, 754, and 759.
According to the complaint, the Defendants materially contributed
to the toxic culture of excessive risk-taking, prioritizing
short-term profits over long-term stability, permitting
compensation structures that incentivized imprudent risk-taking,
and not requiring diligent compliance and risk management. They
breached their duties by failing repeatedly in each of these areas.
Their acts and omissions in breach of their duties render them
responsible -- and legally liable -- for the misconduct,
malfeasance, and managerial negligence and for the loss of trust
that brought Credit Suisse down and caused the AT1 bonds to be
wiped out, says the suit.
Credit Suisse AT1 bondholders, including Plaintiff and each of the
other Class members, as creditors, have suffered direct loss or
damage due to Defendants' negligent breach of their duties to
perform their duties, the suit asserts.
The Individual Defendants were former Credit Suisse directors and
senior executives.
Credit Suisse Group is a global investment bank and financial
services firm founded and based in Switzerland.[BN]
The Plaintiff is represented by:
James D. Baskin, Esq.
Greg G. Gutzler, Esq.
Li Yu, Esq.
DICELLO LEVITT LLP
485 Lexington Avenue, Suite 1001
New York, NY 10017
Telephone: (646) 933-1000
E-mail: ggutzler@dicellolevitt.com
lyu@dicellolevitt.com
jbaskin@dicellolevitt.com
- and -
Patrick W. Daniels, Esq.
Henry R. Rosen, Esq.
Roxana Pierce, Esq.
Caroline Robert, Esq.
DICELLO LEVITT LLP
4747 Executive Drive, Second Floor
San Diego, CA 92121
Telephone: (619) 923-3939
E-mail: pwdaniels@dicellolevitt.com
hrosen@dicellolevitt.com
rpierce@dicellolevitt.com
cmrobert@dicellolevitt.com
- and -
Adam J. Levitt, Esq.
Mark S. Hamill, Esq.
Adam Prom, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
mhamill@dicellolevitt.com
aprom@dicellolevitt.com
CROCS INC: Amended Scheduling Order for Class Certification Entered
-------------------------------------------------------------------
In the class action lawsuit captioned as MARTHA VALENTINE, et al.,
v. CROCS, INC., Case No. 3:22-cv-07463-TLT (N.D. Cal.), the Hon.
Judge Trina L. Thompson entered an amended scheduling order for
class certification:
Class Certification Motion Last day to file motions: May 31,
2024
Opposition to be filed by: July 23,
2024
Reply by: August 23, 2024
Last day to be heard: Sept. 24,
2023
Close Of Fact Discovery Apr. 26, 2024
for Class Certification:
Plaintiff Disclosure Expert May 3, 2024
Testimony For Class
Certification:
Further Status Conference Jan. 25, 2024
Crocs is an American footwear company.
A copy of the Court's order dated Dec. 21, 2023 is available from
PacerMonitor.com at https://bit.ly/48qeK23 at no extra charge.[CC]
CYNTHIA CONCORDIA: Non-Expert Discovery in FDIC Suit Due June 28
----------------------------------------------------------------
In the class action lawsuit captioned as FDIC AS RECEIVER FOR
SIGNATURE BRIDGE BANK, v. CYNTHIA E. CONCORDIA et al., Case No.
1:23-cv-07222-LTS-GWG (S.D.N.Y.), the Hon. Judge Gabriel W.
Gorenstein entered a case management order as follows:
-- All applications must comply with this Court's Individual
Practices, which are available through the Clerk's Office or
at:
https://nysd.uscourts.gov/hon-gabriel-w-gorenstein.
-- Any conferences scheduled before Judge Broderick are
cancelled.
-- All discovery (as well as requests for admissions) must be
initiated in time to be concluded by the deadline for all
discovery.
-- Any application for an extension of the time limitations with
respect to any deadlines in this matter must be made as soon
as
the cause for the extension becomes known to the party making
the
application and must be made in accordance with ¶ 1.E of the
Court's Individual Practices.
-- All non-expert discovery shall be commenced in time to be
completed by June 28, 2024.
-- Disclosure of expert evidence as required by Rule 26(a)(2)(A),
(B) or (C), including the identities and reports of experts,
if
any, will be made by July 29, 2024.
A copy of the Court's order dated Dec. 20, 2023 is available from
PacerMonitor.com at https://bit.ly/3NLWJmM at no extra charge.[CC]
DATANYZE LLC: Hudson Appeals Case Dismissal to 6th Cir.
-------------------------------------------------------
Plaintiffs Charisma Hudson, et al., filed an appeal from the
District Court's Memorandum Opinion and Order and Judgment dated
November 17, 2023 entered in the lawsuit styled CHARISMA HUDSON and
BRIAN SCHAEFER, Ohio citizens, individually and as the
representatives of a class of similarly-situated persons, v.
DATANYZE, LLC, a Delaware limited liability company, Case No.
3:23-cv-00466-JRK, in the United States District Court for the
Northern District of Ohio at Toledo.
The claims of Plaintiffs Charisma Hudson and Brian Schaefer,
residents of Ohio, arise from Defendant Datanyze, LLC's product, a
website which serves as a subscription-based directory of sales and
marketing professionals. The Plaintiffs state Defendant "claims
that its platform contains over 120 million people profiled with 84
million email addresses and 63 million direct dial numbers." The
Plaintiffs are among the individuals whose personal and
professional information is included in the database. However,
neither Plaintiff provided Defendant with permission to include
their information.
The Plaintiffs brought a case on March 8, 2023 as a proposed class
action on behalf of themselves and all current and former Ohio
residents who are not subscribers to Datanyze's platform and whose
name, voice, signature, photograph, image, likeness, distinctive
appearance, and/or identity is incorporated in profiles used to
market paid subscriptions for the platform.
On May 10, 2023, the Defendant filed a motion to dismiss complaint.
On November 17, Judge James R. Knepp entered a Memorandum Opinion
and Order granting Defendant's motion to dismiss. On the same day,
a Final Judgment was entered dismissing the case.
The appellate case is captioned as Charisma Hudson, et al. v.
Datanyze, LLC, Case No. 23-3998, in the United States Court of
Appeals for the Sixth Circuit, filed on Dec. 14, 2023.[BN]
Plaintiffs-Appellants CHARISMA HUDSON and BRIAN SCHAEFER, Ohio
citizens, individually and as the representatives of a class of
similarly situated persons, are represented by:
Ryan M. Kelly, Esq.
Patrick J. Solberg, Esq.
ANDERSON & WANCA
3701 Algonquin Road, Suite 500760
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
Defendant-Appellee DATANYZE, LLC, a Delaware limited liability
company, is represented by:
Martin Louis Roth, Esq.
KIRKLAND & ELLIS
300 N. LaSalle Street
Chicago, IL 60654
Telephone: (312) 862-2000
- and -
James Paul Silk, Jr., Esq.
SPENGLER NATHANSON
900 Adams Street, Suite 400
Toledo, OH 43604-2622
Telephone: (419) 241-2201
DONA JO: Faces Troche Class Action Suit in S.D. New York
--------------------------------------------------------
A class action has been filed against Dona Jo Inc. The case is
captioned as Troche v. Dona Jo Inc. Case No. 1:24-cv-00068-VEC
(S.D.N.Y., Filed Jan. 4, 2024).
The suit alleges violation of the Americans with Disabilities Act.
Plaintiff Veronica Troche, on behalf of herself and all others
similarly situated, is represented by:
Bennitta Lisa Joseph, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 3200
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 406-6890
E-mail: bennittaj@gmail.com
- and -
Jon L. Norinsberg, Esq.
NORINSBERG LAW
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone: (212) 791-5396
Facsimile: (212) 406-6890
E-mail: jon@norinsberglaw.com
DUBLIN 6 AT 115: Lopez Suit Alleges Labor Law Breaches
------------------------------------------------------
VICTOR LOPEZ, on behalf of himself, FLSA Collective Plaintiffs, and
the Class, Plaintiff v. DUBLIN 6 AT 115 BROADWAY, INC. d/b/a
TRINITY PLACE, COBRA CATERERS, INC. d/b/a HUDSON HOUND, HHJC1 LLC
d/b/a HUDSON HOUND, KATHLEEN CONNOLLY, DONAL CROSBIE, and JASON
O’BRIEN, Defendants, Case No. 1:24-cv-00095 (S.D.N.Y., January 5,
2024) alleges violations of the Fair Labor Standards Act, the New
York Labor Law, the New Jersey Wage and Hour Law, and New Jersey
Wage Payment Law.
Plaintiff Lopez is a resident of Hudson County, New Jersey.
Throughout his employment, the Plaintiff was subjected to practice
of not paying his proper wages, including overtime, due to
Defendants’ invalid tip credit and policy of time shaving.
Dublin 6 at 115 Broadway, Inc. owns and operates an Irish
restaurant located in at 115 Broadway, New York, NY. Its restaurant
is engaged the business of providing food service, hosting private
events, and catering. [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 10016
Telephone: (212) 465-1188
ENSTAR US: Fails to Prevent Data Breach, Mickendrow Suit Says
-------------------------------------------------------------
BRIAN MICKENDROW, individually and on behalf of all others
similarly situated, Plaintiff v. ENSTAR (US) INC., Defendants, Case
No. 24-000045-CI (Fla. Cir., Pinellas Cty, Jan. 3, 2024) alleges
violation of The Health Insurance Portability and Accountability
Act of 1996.
According to the complaint, the Data Breach began on or around May
29, 2o23, and was allowed by Defendant to continue until May 31,
2o23, providing cybercriminals unfettered access to consumers"
highly private information for at least two days. The Defendant's
failure to timely detect and report the Data Breach made its
Victims vulnerable to identity theft without any warnings to
monitor their financial accounts or credit reports to prevent
unauthorized use of their Sensitive Information. The Defendant knew
or should have known that each Data Breach Victim deserved prompt
and efficient notice of the Data Breach and assistance in
mitigating the effects of Sensitive Information misuse, says the
suit.
In failing to adequately protect consumers" information, adequately
notify them about the breach, and obfuscating the nature of the
breach, Defendant violated state law and harmed an unknown number
of its current and former consumers, the suit alleges.
ENSTAR USA, INC. provides insurance and consulting services. The
Company acquires and manages insurance and reinsurance companies,
as well as offers management, consulting, claims inspection, claims
validation, reinsurance asset collection, and IT consulting
services. [BN]
The Plaintiff is represented by:
Jonathan M. Streisfeld, Esq.
Jeff Ostrow, Esq.
Steve Sukert, Esq.
KOPELOWITZ OSTROW, P.A.
One W. Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Facsimile: (954) 525-4300
Email: streisfeld@kolawyers.com
ostrow@kolawyers.com
sukerr@kolawyers.com
- and -
Amina A. Thomas, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Email: athomas@cohenmalad.com
EXP WORLD HOLDINGS: Faces Umpa Antitrust Suit Over Broker Fees
--------------------------------------------------------------
EXP World Holdings, Inc. disclosed in its Form 8-K for January 3,
2024, filed with the Securities and Exchange Commission on January
3, 2024, that on December 27, 2023, a putative class action
complaint under the caption "Umpa, et al. v. The National
Association of Realtors et. al.," Case No.:4:23-cv-00945-FJG, was
filed in the United States District Court for the Western District
of Missouri, Western Division, naming as defendants The National
Association of Realtors, and certain real estate brokerages,
franchisors and real estate brokerage owners, including eXp World
Holdings, Inc. and eXp Realty, LLC, a wholly owned subsidiary of
the company.
The Class Action complaint alleges that defendants conspired to
restrain trade by causing certain home sellers to pay buyer broker
fees and inflated commissions on the sale of homes all in violation
of federal antitrust law. The putative class representative seeks
to represent a class of sellers of certain residential property who
used a listing broker affiliated with the defendants in the sale of
a home listed on a brokerage site and who paid a commission to a
cooperating broker in connection with the sale of the home from
December 27, 2019, through the present. Plaintiff, on behalf of
himself and the putative class, seeks a permanent injunction
enjoining the defendants from continuing conduct determined to be
unlawful and an award of declaratory relief, damages and/or
restitution in an amount to be determined at trial, pre-and
post-judgment interest and attorneys’ fees, expenses and costs of
suit.
EXP World Holdings, Inc. is a global, cloud-based real estate
brokerage company based in Bellingham WA.
FIRST NATIONAL: Class Cert Bid Filing Due Jan. 20
-------------------------------------------------
In the class action lawsuit captioned as HEATHER BURKETT,
individually and on behalf of all those similarly situated, V.
FIRST NATIONAL COLLECTION BUREAU, INC., Case No. 9:23-cv-81269-DMM
(S.D. Fla.), the Hon. Judge Donald M. Middlebrooks entered an order
that:
1) The Plaintiff's Motion for Extension of Time to File Motion
for
Class Certification is granted in part.
2) Plaintiff has until January 20, 2024, to file for class
certification.
The Plaintiff seeks a five-month extension of time to move for
class certification in this action, from December 14, 2023, to May
20, 2024.
The Defendant argues that Plaintiff has been aware of the class
certification deadline since the initial scheduling conference that
occurred on October 27, 2023, and since the Rule 26 conference that
occurred on November 10, 2023, but waited until November 16, 2023,
to serve discovery requests.
First National is a nationally licensed full service accounts
receivable management firm.
A copy of the Court's order dated Dec. 20, 2023 is available from
PacerMonitor.com at https://bit.ly/3vqSvue at no extra charge.[CC]
GATOS SILVER: Settles Securities Class Suit Over Misrepresentation
------------------------------------------------------------------
James Langton of Investment Executive reports that an investor
class action against mining company Gatos Silver Inc. for allegedly
misrepresenting its reserves is being settled, with the
underwriters not part of the case.
To facilitate a settlement, the Ontario Superior Court of Justice
certified a proposed class action against Tetra Tech Inc., a
consulting firm that prepared a technical report that allegedly
overstated the reserves of publicly traded Gatos Silver. At the
same time, the court approved a motion dropping the company's
underwriters from the case.
The proposed investor class action was filed in February 2022,
alleging that the company's prospectus filings in 2020 and 2021
included material misstatements about its only operating mine.
In January 2022, the company announced that it discovered errors in
the technical report on its reserves, prompting a sharp drop in the
stock price.
Now, the plaintiffs in the case have reached a tentative partial
settlement. A court hearing to approve the proposed settlement will
be held on April 15.
In advance of that hearing, the court granted orders certifying the
action as a class proceeding against Tetra Tech and its employees
who prepared the flawed report, while discontinuing the claim
against several investment dealers.
The suit named the offerings' underwriters -- BMO Nesbitt Burns
Inc., Goldman Sachs Canada Inc., RBC Dominion Securities Inc.,
Canaccord Genuity Corp. and CIBC World Markets Inc. -- as
defendants in the case, seeking to also hold them responsible for
damages that investors who bought shares in the company following
the issuance of the flawed prospectus allegedly suffered.
In approving the proposed discontinuance against the dealers, the
court noted that this follows a pattern in these kinds of cases,
which aims to reduce ongoing litigation costs and to maximize
potential recoveries for investors by focusing on the sources of
the alleged misrepresentations (the companies and their employees)
rather than the underwriters.
"Accordingly, there will be no prejudice to the proposed class
resulting from the discontinuance of the action as against the
underwriter defendants," the court said in its decision. An
agreement between the underwriters and the plaintiffs pauses the
limitation period and gives the plaintiffs the right to re-assert
their claim against the dealers in certain circumstances, the
decision added.
Last June, the company also announced that it had reached an
agreement in principle to settle a U.S. class action for US$21
million. [GN]
GENERAL MOTORS: Court Extends Class Cert Deadlines in Kiriacopoulos
-------------------------------------------------------------------
In the class action lawsuit captioned as MELISSA KIRIACOPOULOS,
CRAIG JOHNSON, BEVERLY TREVETHAN, SARAH BURNS, GERALYN DARR, STEVE
FIENE and THOMAS GRAHAM, ADARIUS BLAKE and AMY HENNING,
individually and on behalf of all others similarly situated, v.
GENERAL MOTORS LLC, a Delaware limited liability company, Case No.
2:22-cv-10785-MAG-JJCG (E.D. Mich.), the Hon. Judge Mark A.
Goldsmith entered an order extending the class certification
deadline:
a. The Plaintiffs' Motion for Class February 1, 2024
Certification and supporting
expert reports (without prejudice
to Plaintiffs submitting any
additional expert report(s) by
March 22, 2024):
b. GM's Response to Motion for Class February 22, 2024
Certification and supporting expert
reports (without prejudice to
Plaintiffs submitting any additional
expert report(s) by April 12, 2024):
c. The Plaintiffs' Reply in Support March 7, 2024
of Motion for Class Certification:
On August 26, 2022, the Plaintiffs filed their First Amended Class
Action Complaint. On October 3, 2022, GM filed its Motion to
Dismiss
Plaintiffs' First Amended Class Action Complaint.
Following the Parties' motion to dismiss briefing, the Court, on
April
5, 2023, entered an order granting in part and denying in part GM's
motion to dismiss.
On June 27, 2023, the Court held the initial Scheduling Conference,
and on June 30, 2023, the Court entered the Case Management and
Scheduling Order.
Under the current schedule, the Plaintiffs' Motion for Class
Certification is due January 2, 2024, GM's Response to the Motion
for Class Certification is due January 30, 2024, and Plaintiffs'
Reply is due February 13, 2024.
General Motors is an American multinational automotive
manufacturing company.
A copy of the Court's order dated Dec. 18, 2023 is available from
PacerMonitor.com at https://bit.ly/3NLxild at no extra charge.[CC]
The Plaintiffs are represented by:
E. Powell Miller, Esq.
Emily E. Hughes, Esq.
THE MILLER LAW FIRM PC
950 W. University Dr., Ste. 300
Rochester, MI 48307
Telephone: (248) 841-2200
Facsimile: (248) 652-2852
E-mail: epm@millerlawpc.com
eeh@millerlawpc.com
- and -
Steve W. Berman, Esq.
Jerrod C. Patterson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
jerrodp@hbsslaw.com
The Defendant is represented by:
John Nadolenco, Esq.
Daniel D. Queen, Esq.
MAYER BROWN LLP
333 South Grand Avenue, 47th Floor
Los Angeles, CA 90071
Telephone: (213) 229-9500
E-mail: jnadolenco@mayerbrown.com
- and -
Janet L. Conigliaro, Esq.
John M. Thomas, Esq.
Krista L. Lenart, Esq.
DYKEMA GOSSETT PLLC
400 Renaissance Center
Detroit, MI 48243
Telephone: (313) 568-5372
Facsimile: (855) 262-6803
E-mail: jconigliaro@dykema.com
JThomas@dykema.com
KLenart@dykema.com
- and -
Archis A. Parasharami, Esq.
MAYER BROWN LLP
1999 K Street, NW
17 Washington, DC 20006-1101
Telephone: (202) 263-3000
E-mail: aparasharami@mayerbrown.com
GOOD WILL: Hinton Sues Over Security Guards' Unpaid Overtime
------------------------------------------------------------
TREVOR HINTON and TIMOTHY HINTON, on behalf of himself and all
other similarly situated employees, Plaintiffs v. CONNER HAYES and
GOOD WILL PROTECTION SERVICES, LLC, Defendants, Case No.
3:24-cv-00020 (M.D. Tenn., January 8, 2024) seeks to remedy
Defendants' violations of the Fair Labor Standards Act of 1938.
Plaintiffs Trevor and Timothy were employed by the Defendants as
lead security guards and they regularly worked over 40 hours each
week. They performed only the nonexempt duties of a security guard
while working for Defendants and are not properly classified as
exempt from receiving overtime compensation under the FLSA. As a
result, Defendants failed to pay them overtime pay for all hours
worked over 40 in a workweek at 1.5 times their regular rates of
pay, say the Plaintiffs.
In addition, immediately after Trevor informed Conner Hayes of his
contacts with the Department of Labor and the fact that the lead
security guards should receive overtime compensation, which are
FLSA-protected activities, Defendants terminated Trevor's
employment because of his protected activities, the suit added.
Good Will Protection Services is a Tennessee limited liability
company with its principal office located Murfreesboro, TN. The
company provides security services. [BN]
The Plaintiffs are represented by:
Melody Fowler-Green, Esq.
N. Chase Teeples, Esq.
YEZBAK LAW OFFICES PLLC
P.O. Box 159033
Nashville, TN 37215
Telephone: (615) 250-2000
Facsimile: (615) 250-2020
E-mail: mel@yezbaklaw.com
teeples@yezbaklaw.com
GREAT NECK/MID-ISLAND DENTAL: Durantas Files ADA Suit in E.D.N.Y.
-----------------------------------------------------------------
A class action lawsuit has been filed against Great Neck/Mid-Island
Dental Associates, LLP. The case is styled as Hakan Durantas, on
behalf of himself and all others similarly situated v. Great
Neck/Mid-Island Dental Associates, LLP, Case No.
1:23-cv-09537-FB-TAM (E.D.N.Y., Dec. 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Great Neck Dental Associates --
https://www.greatneckdentalassociates.com/ -- is a dental care
center that offers cosmetic, preventive, and restorative dentistry
services.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
HEALTH INSURANCE: March 28 Claim Form Submission Deadline Set
-------------------------------------------------------------
UNITED STATES OF AMERICA
Before the SECURITIES AND EXCHANGE COMMISSION
ADMINISTRATIVE PROCEEDING
File No. 3-20932
In the Matter of Health Insurance Innovations, Inc., now named
Benefytt Technologies, Inc., and Gavin D. Southwell, Respondents.
PLAN NOTICE OF HEALTH INSURANCE INNOVATIONS, INC. FAIR FUND
TO: Individuals and entities, or their lawful successors, who
purchased and/or acquired shares of Health Insurance Innovations,
Inc. under the symbol HIIQ ("HIIQ" or "Security") during the period
from March 2, 2017 through March 12, 2019, inclusive (the "Relevant
Period").
If you fall within the group above, you must submit a completed
Claim Form with the documentation substantiating your claim so that
it is postmarked (or if not sent by U.S. Mail, received) by March
28, 2024 (the "Claims Bar Date"), to be considered for eligibility
to receive a Distribution Payment from the Health Insurance
Innovations, Inc. Fair Fund ("Fair Fund").
You may be eligible for a Distribution Payment from the Fair Fund.
A Fair Fund has been established in the Securities and Exchange
Commission administration proceeding set forth at the top of this
Notice. You can read more about the proceedings, and view and
download the Plan at:
https://www.sec.gov/files/litigation/admin/2023/34-98936-dp.pdf or
www.HealthInsuranceInnovationsFairFund.com.
Eligibility Criteria
To qualify for a payment from the Fair Fund, you must satisfy
certain eligibility criteria that are described in detail in the
Plan. The Plan is available on the Fair Fund website at
www.HealthInsuranceInnovationsFairFund.com and on the Commission's
public website at
https://www.sec.gov/files/litigation/admin/2023/34-98936-dp.pdf.
You can also request a copy of the Plan by calling the Fund
Administrator at 1-877-676-3395 or by emailing
info@HealthInsuranceInnnovationsFairFund.com.
You are excluded from participation in the Fair Fund if you are an
Excluded Party as defined in the Plan (available at
https://www.sec.gov/files/litigation/admin/2023/34-98936-dp.pdf).
Claim Forms
THE DEADLINE TO SUBMIT A CLAIM FORM AT THE ADDRESS BELOW IS MARCH
28, 2024, ALSO REFERENCED HEREIN AS THE "CLAIMS BAR DATE". PLEASE
NOTE: THIS IS A FIRM DEADLINE. IF YOU FAIL TO SUBMIT A COMPLETED
CLAIM FORM ELECTRONICALLY OR POSTMARKED ON OR BEFORE MARCH 28,
2024, YOU MAY BE BARRED FROM RECEIVING A PAYMENT FROM THE FAIR
FUND. THE CLAIM FORM AND APPROPRIATE SUPPORTING DOCUMENTS FOR EACH
TRANSACTION LISTED IN PARTS II–III OF THE CLAIM FORM MUST BE
SUBMITTED BEFORE THE CLAIMS BAR DATE.
YOU MUST COMPLETE AND SIGN THE CLAIM FORM AND SUBMIT IT TO THE FUND
ADMINISTRATOR ELECTRONICALLY THROUGH THE FAIR FUND'S WEBSITE. IF
YOU SUBMIT YOUR CLAIM BY MAIL, IT MUST BE RECEIVED OR POSTMARKED NO
LATER THAN MARCH 28, 2024, AT THE ADDRESS LISTED BELOW IN ORDER TO
BE CONSIDERED FOR ELIGIBILITY TO RECEIVE A DISTRIBUTION PAYMENT
FROM THE FAIR FUND:
Health Insurance Innovations, Inc. Fair Fund
Fund Administrator
PO Box 4349
Portland, OR 97208-4349
Additional Information
Additional information regarding the Fair Fund may be found at
www.HealthInsuranceInnovationsFairFund.com. Additional Claim Forms
and Plan Notices may also be downloaded at the Fair Fund's website.
You may obtain additional information or request copies of Claim
Forms and Plan Notices by calling the Fair Fund's toll-free number
at 1-877-676-3395, or by emailing
info@HealthInsuranceInnnovationsFairFund.com.
PLEASE CHECK THE WEBSITE WWW.HEALTHINSURANCEINNOVATIONSFAIRFUND.COM
FREQUENTLY FOR UPDATES.
URL// www.HealthInsuranceInnovationsFairFund.com
HEALTHEC LLC: Faces Class Suit Over July 2023 Data Breach
---------------------------------------------------------
Kelly Mehorter of ClassAction.org reports that HealthEC faces a
proposed class action over a July 2023 data breach that reportedly
exposed personal information belonging to almost 4.5 million of its
clients' patients.
The 75-page lawsuit says HealthEC, which provides a population
health management platform used by healthcare organizations,
announced last month that an unauthorized actor hacked its computer
systems between July 14 and July 23, 2023.
According to the company's online notice posted December 22 of last
year, the cyberattack compromised current and former patients'
names, addresses, dates of birth, Social Security numbers, taxpayer
identification numbers and medical record numbers. In addition, the
notice states that the breach exposed individuals' health insurance
information—such as billing and claims details—and certain
medical data, including diagnoses, mental/physical conditions,
prescription information and provider names and locations.
The full list of affected healthcare organizations can also be
found in HealthEC's notice of the incident.
Per the case, the data breach was a direct result of the
defendant's failure to maintain adequate cybersecurity protocols,
such as encrypting sensitive patient data or deleting it when it is
no longer needed. The complaint says that data breach victims now
face an increased risk of identity theft and fraud due to
HealthEC's alleged negligence in storing their private
information.
The suit goes on to allege that the company failed to timely and
adequately inform affected individuals of the incident, as it
waited until late December 2023 to mail notice letters that lacked
key details surrounding the breach.
"Omitted from the notice letter were the date that [HealthEC]
detected the data breach, the dates of [the defendant's]
investigation, the details of the root cause of the data breach,
the vulnerabilities exploited, and the remedial measures undertaken
to ensure such a breach does not occur again," the filing says. "To
date, these critical facts have not been explained or clarified to
[the plaintiff] and class members, who retain a vested interest in
ensuring that their private information remains protected."
The lawsuit seeks to cover anyone whose private information was
compromised in the data breach announced by HealthEC in December
2023. [GN]
HERSHEY CO: Faces Class Suit Over Reese's Mislabeled Packaging
--------------------------------------------------------------
Sean Riley of Packaging World reports that Hershey faces a
class-action lawsuit over allegations that its Reese's
Halloween-themed chocolates were sold with misleading packaging,
suggesting decorations that were absent on the actual products,
according to the Washington Post.
The issue's essence lies in the discrepancy between the advertised
appearance of a product and its actual presentation upon purchase.
Simply put, the picture on the Reese's packaging did not match the
actual product. Rather than a jack-o'-lantern face, a ghost's eyes
and mouth, or a football's laces, the candies were solid shapes
without the decorative designs.
Cynthia Kelly alleges in her lawsuit that she made her purchasing
decision based on those decorative details. The recent class-action
lawsuit filed against Hershey alleges that the company's Reese's
Peanut Butter Pumpkin and other similar products fell short of
these expectations, showcasing a stark contrast between the
decorative designs on the packaging and the undecorated chocolates
inside. It claims that the packaging only changed around two to
three years ago and previously indicated exactly what was in the
package. In addition to Kelly's charge, the lawsuit includes
YouTube videos from consumers who felt misled by the packaging.
Todd Scott, a spokesperson for Hershey, told The Washington Post
that the company does not comment on pending litigation.
This is not an isolated incident in the food industry, where legal
challenges over packaging and advertising practices are not
uncommon. The outcomes of such lawsuits have been varied, with some
cases dismissed and others resulting in settlements. These legal
proceedings underscore the scrutiny that packaging claims face,
highlighting the delicate balance companies must maintain between
creative marketing and truthful representation. [GN]
HICKAM COMMUNITIES: Faces Bentley Class Action Suit in D. Hawaii
----------------------------------------------------------------
A class action lawsuit has been filed against Hickam Communities
LLC. The case is captioned as Bentley, et al., v. Hickam
Communities LLC, Case No. 1:24-cv-00007-LEK-KJM (D. Haw., Jan. 4,
2024).
The case is assigned to the Hon. Judge Leslie E. Kobayashi.
The Plaintiffs include Kristofer W. Bentley, Kasey N. Bentley,
Phyllis A. Minor and Christian Butler.[BN]
The Plaintiffs, individually and on behalf of all others similarly
situated, are represented by:
Bridget G. Morgan-Bickerton, Esq.
James J. Bickerton, Esq.
BICKERTON LAW GROUP LLLP
745 Fort St Ste 801
Honolulu, HI 96813
Telephone: (808) 599-3811
Facsimile: (808) 694-6030
E-mail: morgan@bsds.com
bickerton@bsds.com
- and -
Wayne D. Parsons, Esq.
WAYNE PARSONS LAW OFFICES
1406 Colburn St Ste 201C
Honolulu, HI 96817
Telephone: (808) 845-2211
Facsimile: (808) 843-0100
E-mail: wparsons@Alohano.com
Hickam Communities LLC is represented by:
Bruce D. Voss, Esq.
Jai W. Keep-Barnes, Esq.
Matthew C. Shannon, Esq.
BAYS ROSE LUNG & WAGNILD
Topa Financial Center
700 Bishop St Ste 900
Honolulu, HI 96813
Telephone: (808) 523-9000
E-mail: bvoss@legalhawaii.com
jkeep-barnes@legalhawaii.com
mshannon@legalhawaii.com
HOME PARTNERS: Jones-Byrd Sues Over Misleading, Unfair Lease Terms
------------------------------------------------------------------
Latrice Jones-Byrd and Darlene O'Neal, each individually and on
behalf of all others similarly situated, Plaintiffs v. Home
Partners Holdings LLC, OPVHHJV LLC, d/b/a Pathlight Property
Management, SFR Borrower 2022-1 LLC, HPA US1 LLC, and HP Georgia I
LLC, Defendants, Case No. 1:23-cv-05927-WMR (N.D. Ga., Dec. 22,
2023) is a class action brought by the Plaintiffs seeking to enjoin
Defendants from continuing to use their misleading or unenforceable
leases and a return of the monies paid to Defendants through their
illegal leases.
The Defendants operate two rental programs: a "right-to-purchase"
(RTP) program, which is the primary means through which they
acquire single family residences, and a "non-right-to-purchase"
rental program, through which they rent out homes they have already
purchased (NRTP). Whether a prospective tenant chooses the RTP or
NRTP program, Defendants represent for every home that is available
for lease, that the home is "[p]rofessionally managed by Pathlight
Property Management, the exclusive property manager for Home
Partners of America, offering excellent customer service, 24/7
emergency maintenance service, online application and payments, and
pet-friendly options."
According to the complaint, despite these promises, Defendants
routinely require tenants to enter contracts of adhesion that
purport to waive and modify the warranty of habitability through
several different lease provisions found throughout Defendants'
uniform contracts. In addition, Defendants, through form contracts
of adhesion, require tenants to agree to take on maintenance and
repair obligations that otherwise would be borne by Defendants. In
their leases, Defendants falsely state that the tenants' rental
rates were negotiated and would otherwise be higher but for the
tenants' alleged agreement to maintain and repair. In reality,
Defendants unilaterally set rental rates, without assigning any
consideration for the tenants' alleged agreement or the value of
their services, says the suit.
Plaintiff Latrice Jones-Byrd rented a Home Partners-owned home in
Douglasville, Georgia, a suburb of Atlanta, beginning August 6,
2019.
Plaintiff Darlene O'Neal rented a Home Partners-owned home in
Newnan, Georgia from approximately November 3, 2021 to July 26,
2023.
The Defendants are corporate landlords who collectively own, lease,
and manage approximately 17,000 homes in over 80 markets across the
United States.[BN]
The Plaintiffs are represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan St.
Raleigh, NC 27603
Telephone: (919) 600-5000
E-mail: sharris@milberg.com
HUDSON AUTOMOTIVE: Rodriguez Suit Hits Unpaid OT, Discrimination
----------------------------------------------------------------
JONATHAN D. RODRIGUEZ, individually and on behalf all others
similarly situated, Plaintiff v. HUDSON AUTOMOTIVE GROUP,
CHARLESTON NISSAN LLC, D/B/A HUDSON NISSAN OF CHARLESTON, HUDSON
CHARLESTON ACQUISITION II LLC; AND MIKE PENNINGTON, Defendants,
Case No. 2:23-cv-06882-BHH-PJG (D.S.C., Dec. 23, 2023) arises from
the Defendants' alleged violations of the Fair Labor Standards Act,
Title VII of the Civil Rights Act of 1964, and the Americans with
Disabilities Act.
Plaintiff Rodriguez is a Hispanic male. His nationality is Puerto
Rican. He is a disabled vet having served in the Army Reserves from
2012 to 2018. The Plaintiff was employed by the Defendants as Parts
Department Counter Clerk from November 4, 2021, until his
termination on March 25, 2023. His duties include ordering parts
for the automotive service department.
The Plaintiff alleges that the Corporate Defendants engaged in a
practice of wage theft by failing to pay him and similarly situated
Parts Department employees time and half when they worked over 40
hours in a workweek. He suffered an adverse employment action even
though he was satisfying his employer's legitimate expectations at
the time of the adverse action. He asserts that the circumstances
surrounding the adverse action "raise a reasonable inference of
unlawful discrimination." The Corporate Defendants also engaged in
a pattern and practice of unlawful discrimination and harassment
against Plaintiff based upon his disabilities, says the Plaintiff.
Additionally, the Plaintiff complained internally about the unfair
and discriminatory and harassing treatment he was being subjected
to and the Corporate Defendants responded by terminating him.
Hudson Automotive Group is multistate, multi-franchise organization
with 49+ car dealerships throughout North Carolina, South Carolina,
Georgia, Ohio, Louisiana, Kentucky, Alabama, and Tennessee.[BN]
The Plaintiff is represented by:
Marybeth Mullaney, Esq.
MULLANEY LAW
652 Rutledge Ave Ste A
Charleston, SC 29403
Telephone: (843) 588-5587
E-mail: marybeth@mullaneylaw.net
HUMAN TOUCH: Faces Gertz Class Action Suit in Cal. Super. Court
---------------------------------------------------------------
A class action lawsuit has been filed against Human Touch, LLC. The
case is captioned as GERTZ, et al. vs. HUMAN TOUCH, LLC, A DELAWARE
LIMITED LIABILITY CORPORATION, et al., Case No. 24CV000123 (Cal
Super., Sacramento Cty., Jan. 4, 2024).
The case is assigned to the Hon. Richard K. Sueyoshi.[BN]
INTEGRIS HEALTH: Johnson Files Suit in W.D. Oklahoma
----------------------------------------------------
A class action lawsuit has been filed against Integris Health, Inc.
The case is styled as Shawn K. Johnson, on behalf of himself and
all others similarly situated v. Integris Health, Inc., Case No.
5:23-cv-01192-D (W.D. Okla., Dec. 27, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Integris Health -- https://integrisok.com/ -- is an American 501
not-for-profit organization which manages health care facilities in
the state of Oklahoma.[BN]
The Plaintiff is represented by:
Kennedy Marie Brian, Esq.
William B. Federman, Esq.
FEDERMAN AND SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Phone: (405) 235-1560
Email: kpb@federmanlaw.com
wbf@federmanlaw.com
INTEGRIS HEALTH: Roof Files Suit in W.D. Oklahoma
-------------------------------------------------
A class action lawsuit has been filed against Integris Health, Inc.
The case is styled as Martina R. Roof, on behalf of herself and on
behalf of all others similarly situated v. Integris Health, Inc.,
Case No. 5:23-cv-01200-HE (W.D. Okla., Dec. 28, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Integris Health -- https://integrisok.com/ -- is an American 501
not-for-profit organization which manages health care facilities in
the state of Oklahoma.[BN]
The Plaintiff is represented by:
Nicholas G Farha, Esq.
FARHA LAW PLLC
1900 NW Expressway, Suite 501
Oklahoma City, OK 73118
Phone: (405) 471-2224
Fax: (405) 810-9901
Email: nick@farhalawfirm.com
JAVELINA CONSTRUCTION: Glenn Sues Over Unpaid Overtime Wages
------------------------------------------------------------
JASON GLENN, on behalf of himself and all others similarly
situated, Plaintiff v. JAVELINA CONSTRUCTION, INC., Defendant, Case
No. 1:24-cv-00042-MPB-MKK (S.D. Ind., January 8, 2024) arises out
of the Defendant's violations of the Fair Labor Standards Act.
The Plaintiff began working for Defendant in March of 2019 as
operator. The Plaintiff routinely worked over 40 hours or more
hours in a workweek from January 2022 until his employment with
Defendant ended. However, the Defendant willfully failed to pay
Plaintiff all of his overtime hours, says the suit.
Headquartered in Fishers, IN, Javelina Construction offers
contracting services to its clients in milling and road
construction. [BN]
The Plaintiff is represented by:
Ronald E. Weldy, Esq.
WELDY LAW
11268 Governors Lane
Fishers, IN 46037
Telephone: (317) 842-6600
E-mail: rweldy@weldylegal.com
KANSAS CITY: Addison Sues Over Drop in Share Price
--------------------------------------------------
RON ADDISON, individually and on behalf of all others similarly
situated, Plaintiff v. KANSAS CITY ULTIMATE SECURITY, INCORPORATED,
Defendant, Case No. 4:24-cv-00006-GAF (W.D. Mo., Jan. 3, 2024)
seeks to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Addison was employed by the Defendant as a staff.
KANSAS CITY ULTIMATE SECURITY, INCORPORATED provides security
services for events in school, hospital, industrial sites and
parking lots. [BN]
The Plaintiff is represented by:
Michael Hodgson, Esq.
THE HODGSON LAW FIRM
3609 SW Pryor Road
Lee's Summit, MO 64082
Telephone: (816) 600-0117
Email: mike@thehodgsonlawfirm.com
KIMCO STAFFING: Fails to Prevent Data Breach, Bailas Alleges
------------------------------------------------------------
SHERYL BAILAS, individually and on behalf of all others similarly
situated, Plaintiff v. KIMCO STAFFING SERVICES, INC., Defendants,
Case No. 30-2024-01370515-CU-BT-CXC (Cal. Sup., Orange Cty., Jan.
3, 2024) is an action alleging that the Defendant failed to prevent
the data breach that occurred on June 24, 2023.
According to the complaint, the Defendant disregarded the rights of
the Plaintiff and the Class Members by intentionally, willfully and
recklessly failing to take and implement adequate and reasonable
measures to ensure that the Plaintiff and the Class Members' PII
personally identifiable information ("PII") was safeguarded.
As a result, the PII of the Plaintiff and Class Members was
compromised through disclosure to an unknown and unauthorized third
party that seeks to profit of the disclosure by defrauding the
Plaintiff and the Class Members in the future, says the suit.
KIMCO STAFFING SERVICES, INC. provides recruitment and staffing
services. The Company offers consulting, direct hire, temporary
staffing, training, direct placement, contract employees, and
payroll services. [BN]
The Plaintiff is represented by:
Daniel Srourian, Esq,
SROURIAN LAW FIRM, PC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Telephone: (213) 474-3800
Facsimile: (213) 471-4160
Email: daniels@slfla.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW
954Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
Email: klaukaitis@laukaitislaw.com
LITIGATI INC: Faces Allarie Sues Over Malicious Prosecution
-----------------------------------------------------------
JULIE ANN ALLARIE, individually and on behalf of all others
similarly situated, Plaintiff v. LITIGATI, INC.; LANE MICHAEL
NUSSBAUM; ALEXANDRA MELGOZA; RICHARD J. USS; AARON KADOSH; and
AARON KADOSH, as Trustee of the Kadosh Family 1999 Trust; and DOES
1 through 100, Defendants, Case No. 24SM CV00027 (Cal. Sup., Los
Angeles Cty., Jan. 3, 2024) alleges that the Plaintiff was harmed
by the Defendants' misrepresentations which caused her to be
deceived into giving vast amounts of her monies to defendants for
work which was either, of little value, no value, or caused actual
harm to plaintiff's property which will require repair and impose
further construction costs on the Plaintiff.
According to the complaint, the Defendants knowingly violated the
Plaintiff's civil rights and used and abused the privileges
bestowed upon them as legal practitioners and servers of process in
order to maliciously prosecute Plaintiff for their own financial
gain. They also caused the court to be an unwilling participant to
their fraud and deceit. Their false declarations and intentional
misrepresentations made in documents filed upon the Court
intentionally and knowingly caused the Plaintiff's case to be
defaulted without her knowledge or due process.
The Plaintiff has been harmed by the Defendants' conduct because it
has caused her only income, her husband's social security benefits,
to be garnished to pay a judgment which is fraudulent itself and
which she would have defended, had she been allowed the
opportunity, says the suit.
LITIGATI, INC. is a law firm engaged in litigating business
disputes, real estate disputes, and landlord-tenant matters. [BN]
The Plaintiff is represented by:
Gary R. Carlin, Esq.
William B. Welden, Esq.
LAW OFFICES OF GARY R. CARLIN, APC
301 East Ocean Blvd, Suite 1550
Long Beach, CA 90802
Telephone: (562) 432-8933
Facsimile: (562) 435-1656
Email: gary@garycarlinlaw.com
bill@garycarlinlaw.com
MAI DESIREE: Website Inaccessible to Blind Users, Karim Says
------------------------------------------------------------
JESSICA KARIM, on behalf of herself and all others similarly
situated, Plaintiff v. Mai Desiree, LLC, Defendant, Case No.
1:24-cv-00136 (S.D.N.Y., January 8, 2024) asserts that the
Defendant violated that American Disabilities Act, the New York
State Human Rights Law, and the New York City Human Rights Law in
connection with the Defendant's failure to to design, construct,
maintain, and operate their website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons.
According to the complaint, the Defendant failed to make its
website accessible to blind persons, violating basic equal access
requirements under both state and federal law. Accordingly,
Plaintiff seeks a permanent injunction to cause a change in Mai
Desiree's policies, practices, and procedures to that Defendant's
website will become and remain accessible to blind and
visually-impaired consumers. She also seeks compensatory damages to
compensate Class members for having been subjected to unlawful
discrimination.
Based in Roslyn, NY, Mai Desiree is a New York Limited Liability
Company that provides to the public a website known as
Maidesiree.com, which provides consumers with access to an array of
goods and services, including, the ability to view a wide
collection of jewelry items including bracelets, earrings, charms,
necklaces, rings. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
ME&I CONSTRUCTION: Bid to Extend Expert Report Deadline OK'd
------------------------------------------------------------
In the class action lawsuit captioned as WALTER STOCK, III, on
behalf of himself and others similarly situated, v. ME&I
CONSTRUCTION SERVICES USA, INC., Case No. 2:23-cv-00064-MRH (W.D.
Pa.), the Hon. Judge Mark R. Hornak entered an order granting the
Defendant's unopposed motion to extend expert report deadline.
The Defendant's expert report(s) as to class certification shall be
served by Feb. 23, 2024.
ME&I is a full-service maintenance and construction services
company.
A copy of the Court's order dated Dec. 20, 2023 is available from
PacerMonitor.com at https://bit.ly/3H1inzy at no extra charge.[CC]
MERRITT GARLAND: Faces Logan Civil Rights Suit in D.N.J.
--------------------------------------------------------
A class action lawsuit has been filed against MERRITT GARLAND, et
al. The case is captioned as MARY BASILE LOGAN v. MERRITT GARLAND,
et al., Case No. 3:24-cv-00040-ZNQ-TJB (D.N.J., Jan. 4, 2024).
The suit alleges violation of the Civil Rights Act. The case is
assigned Zahid N. Quraishi.
The Defendant includes MERRITT GARLAND, in his official capacity
Attorney General, Department of Justice; LLOYD J. AUSTIN, III in
his official capacity as the Secretary, Department of Defense;
WILLIAM J. BURNS, in his official capacity as the Director, Central
Intelligence Agency; CHRISTOPHER A. WRAY, in his official capacity
as the Director of the Federal Bureau of Investigation; DENIS
RICHARD MCDONOUGH, in his official capacity as Secretary of
Veterans Affairs; ALEJANDRO MAYORKAS, in his official capacity as
Secretary, U.S. Department of Homeland Security; MARCIA L. FUDGE,
in her official capacity as Secretary U.S. Department of Housing
and Urban Development; ROBERT CALIFF, in his capacity as
Commissioner Food and Drug Administration; HILLARY R. CLINTON, in
her official capacity as Former Secretary of State for the United
States of America; THOMAS KEAN , SR., his former capacity as
Chairman 9/11 Commission; ROBERT MUELLER, in his former capacity as
Director of the Federal Bureau of Investigation; JAMES COMEY, in
his former capacity as Director of the Federal Bureau of
Investigation; CHRISTOPHER J. CHRISTIE, in the capacity of the
former-Governor of New Jersey; RICHARD "DICK" CHENEY, in his former
capacity as Vice President of the United States; ELIZABETH "LIZ"
CHENEY, in her former capacity as Chair, January 6 Commission; JOHN
KERRY, in his official capacity as U.S. Special Presidential Envoy
for Climate; GEORGE W. BUSH, in his former capacity as President of
the United States; BARACK H. OBAMA, in his former capacity as
President of the United States; LORETTA LYNCH, in her former
capacity as United States Attorney General; JAMES BAKER, in his
former capacity as White House Chief of Staff; ERIC HOLDER, in his
former capacity as United States Attorney General; JOSEPH R. BIDEN,
in his official capacity as President, his former capacities as
Vice President and Senator, of these United States; JOHN ASHCROFT,
in his former official capacity, as United States Attorney General;
JAMIE GORELICK, in her official capacity, Homeland Security
Advisory Council member; NANCY PELOSI, in her official capacity as
Congresswoman (CA); GEORGE NORCROSS, in his capacity as Chairman,
Cooper University Medical Systems; PHIL MURPHY, in his official
capacity as Governor of New Jersey, and as former Chair of the
National Governors Association (NGA); TAHESHA WAY, in her former
capacity as Secretary of State, as former President of the National
Association of Secretaries of State, and her current capacity as
Lt. Governor, New Jersey; JUDITH PERSICHILLI, in her official
capacity as then- Commissioner of Health for the State of New
Jersey; SEJAL HATHI,in her official capacity as Deputy Commissioner
for Public Health Services; MATTHEW PLATKIN, in his official
capacity as Attorney General of the State of New Jersey; KATHY
HOCHUL, in her official capacity as Governor of New York; ANDREW
CUOMO, in his former capacity as Governor of New York and his
capacity as Vice-Chair of the National Governors Association;
LETITIA JAMES, in her capacity as Attorney General of the State of
New York; DEMOCRATIC NATIONAL COMMITTEE; REPUBLICAN NATIONAL
COMMITTEE; JAMES PITTINGER, in his official capacity as Mayor of
Lebanon Borough, State of New Jersey; LISA SELLA, in her official
capacity as Deputy Clerk, Lebanon Borough, State of New Jersey;
ROBERT JUNGE, in his official capacity as Municipal Chair,
Republican Party, Lebanon Borough, State of New Jersey; JOHN DOES
(1-100); and JANE DOES (1-100).[BN]
Plaintiff MARY BASILE LOGAN, individually and on behalf of those
similarly situated, appears pro se.
META PLATFORMS: Huckabee Suit Transferred to N.D. California
------------------------------------------------------------
The case styled as Mike Huckabee, Relevate Group, David Kinnaman,
Tsh Oxenreider, Lysa Terkeurst, John Blase, on behalf of themselves
and all others similarly situate v. Meta Platforms, Inc., Case No.
1:23-cv-09152 was transferred from the U.S. District Court for the
Southern District of New York, to the U.S. District Court for the
Northern District of California on Dec. 6, 2023.
The District Court Clerk assigned Case No. 3:23-cv-06663-AGT to the
proceeding.
The nature of suit is stated as Copyright Infringement.
Meta Platforms, Inc. -- https://about.meta.com/ -- doing business
as Meta, and formerly named Facebook, Inc., and TheFacebook, Inc.,
is an American multinational technology conglomerate based in Menlo
Park, California.[BN]
The Plaintiff is represented by:
Adam J. Levitt, Esq.
Amy Elisabeth Keller, Esq.
Brittany Hartwig, Esq.
DICELLO LEVITT GUTZLER LLC
Ten North Dearborn Street, Eleventh Floor
Chicago, IL 60602
Phone: 312-214-7900
Email: alevitt@dicellolevitt.com
akeller@dicellolevitt.com
bhartwig@dicellolevitt.com
- and -
Greg G. Gutzler, Esq.
DICELLO LEVITT LLC
485 Lexington Ave., Suite 1001
New York, NY 10017
Phone: (314) 833-6645
Email: ggutzler@dicellolevitt.com
- and -
James Arthur Ulwick, Esq.
DICELLO LEVITT GUTZLER LLP
10 North Dearborn Street, Ste. 6th Floor
Chicago, IL 60602
Phone: (301) 467-6038
Email: julwick@dicellolevitt.com
- and -
Lisa Geary, Esq.
Seth Haines, Esq.
Timothy Hutchinson, Esq.
RMP LLP
5519 Hackett St., Ste. 300
Springdale, AR 72762
Phone: (479) 439-7878
Email: lgeary@rmp.law
shaines@rmp.law
thutchinson@rmp.law
The Defendant is represented by:
Angela Dunning, Esq.
CLEARY GOTTLIEB STEEN & HAMILTON LLP
1841 Page Mill Road
Palo Alto, CA 94304
Phone: (650) 815-4131
Email: adunning@cgsh.com
- and -
Bobby Ghajar, Esq.
COOLEY LLP
1333 2nd Street, Suite 400
Santa Monica, CA 90401
Phone: (310) 883-6404
Fax: (310) 883-6500
Email: bghajar@cooley.com
- and -
David H. Herrington, Esq.
Ye Eun Chun, Esq.
CLEARY GOTTLIEB STEEN & HAMILTON LLP
One Liberty Plaza
New York, NY 10006
Phone: (212) 225-2000
Fax: (212) 225-3499
Email: dherrington@cgsh.com
- and -
Annette Louise Hurst, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP (SAN FRANCISCO)
The Orrick Building
405 Howard Street
San Francisco, CA 94105
Phone: (415) 773-4585
Fax: (415) 773-5759
Email: ahurst@orrick.com
- and -
Christopher Cariello, Esq.
Marc Shapiro, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
51 West 52nd Street
New York, NY 10019
Phone: (212) 506-3778
Email: ccariello@orrick.com
mrshapiro@orrick.com
- and -
Jared Barrett Briant, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
1144 Fifteenth Street, Suite 3400
Denver, CO 80202
Phone: (303) 607-3588
Email: jared.briant@faegredrinker.com
- and -
Jeffrey S. Jacobson, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
1177 Avenue of the Americas, 41st Floor
New York, NY 10036
Phone: (212) 248-3191
Email: jeffrey.jacobson@faegredrinker.com
MILLENNIAL PLASTIC: Erkan Files ADA Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Millennial Plastic
Surgery, PLLC. The case is styled as Nihal Erkan, on behalf of
herself and all others similarly situated v. Millennial Plastic
Surgery, PLLC, Case No. 1:23-cv-09559 (E.D.N.Y., Dec. 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Millennial Plastic Surgery -- https://millennialplasticsurgery.com/
-- is the premier plastic surgery clinic in New York City, with
convenient locations in Midtown Manhattan and the Bronx.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
MONTEREY FINANCIAL: Gonzalez Files TCPA Suit in S.D. California
---------------------------------------------------------------
A class action lawsuit has been filed against Monterey Financial
Services, LLC. The case is styled as Lariza Gonzalez, on behalf of
herself and others similarly situated v. Monterey Financial
Services, LLC, Case No. 3:23-cv-02368-BEN-DEB (S.D. Cal., Dec. 30,
2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Monterey Financial Services --
https://www.montereyfinancial.com/index.html -- is a full service
receivables management and finance company.[BN]
The Plaintiff is represented by:
Nicholas Ryan Barthel, Esq.
BARTHEL LEGAL, APC
2173 Salk Avenue, Suite 250
Carlsbad, CA 92008
Phone: (760) 259-0033
Email: nick@barthelbarthel.com
NATTY GARDEN: Melendez Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Natty Garden
Incorporated. The case is styled as Rhondine Melendez, on behalf of
herself and all others similarly situated v. Natty Garden
Incorporated, Case No. 1:23-cv-09534-CBA-RML (E.D.N.Y., Dec. 28,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Natty Garden -- https://www.nattygarden.com/ -- is a local garden
center specializing in indoor and outdoor plants,residential and
commercial landscaping.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
NETFLIX INC: Misleads Investors on Subscribers' Growth, Suit Says
-----------------------------------------------------------------
Ben Miller of Bloomberg Law reports that Netflix Inc. staved off
allegations that it misled investors about subscriber growth before
revealing the negative impacts of password sharing and streaming
competition, according to a federal judge's order dismissing the
shareholder class action.
The investors failed to plead that Netflix knowingly made false
statements, Judge Jon Tigar said in a Jan. 5 order dismissing the
case in US District Court for the Northern District of California.
Shareholder Fiyyaz Pirani filed the suit in May 2022, seeking to
recover damages for investors who acquired Netflix stock between
Jan. 19, 2019 and April 19, 2022, alleging that the company and
executives. [GN]
NEXUM GROUP INC: Ciotti Files TCPA Suit in M.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against Nexum Group, Inc. The
case is styled as Anatres J. Ciotti, individually, and on behalf of
all others similarly situated v. Nexum Group, Inc., Case No.
6:23-cv-02477 (M.D. Fla., Dec. 27, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Nexum Group Inc. -- https://nexumgroupinc.com/ -- is a consumer &
commercial collection agency.[BN]
The Plaintiff is represented by:
Alexander J. Taylor, Esq.
SULAIMAN LAW GROUP, LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (331) 307-7646
Fax: (630) 575-8188
Email: ataylor@sulaimanlaw.com
NORWOOD LIQUORS: Zelvin Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Norwood Liquors, Inc.
The case is styled as Lynn Zelvin, on behalf of himself and all
others similarly situated v. Norwood Liquors, Inc., Case No.
1:23-cv-11249 (S.D.N.Y., Dec. 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Norwood Liquors, Inc. is a Food & Beverage/Catering and Liquor
Store.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
OUTLOOK THERAPEUTICS: Maniatty Sues Over Share Price Drop
---------------------------------------------------------
PHILIP MANIATTY, individually and on behalf of all others similarly
situated, Plaintiff v. OUTLOOK THERAPEUTICS, INC., C. RUSSELL
TRENARY III, LAWRENCE A. KENYON, and TERRY DAGNON, Defendants, Case
No. 2:23-cv-23313 (D.N.J., Dec. 22, 2023) is a federal securities
class action on behalf of the Plaintiff and a class consisting of
all persons and entities other than Defendants that purchased or
otherwise acquired Outlook securities between August 3, 2021 and
August 29, 2023, both dates inclusive, seeking to recover damages
caused by Defendants' violations of the federal securities laws and
to pursue remedies under the Securities Exchange Act of 1934 and
Rule 10b-5 promulgated thereunder, against the Company and certain
of its top officials.
According to the complaint, throughout the Class Period, the
Defendants made materially false and misleading statements
regarding the Company's business, operations, and prospects.
Specifically, Defendants made false and/or misleading statements
and/or failed to disclose that: (i) there was a lack of substantial
evidence supporting ONS-5010 as a treatment for wet age-related
macular degeneration; (ii) Outlook and/or its manufacturing
partners had deficient chemistry, manufacturing and controls, as
well as other manufacturing concerns, for ONS-5010, which remained
unresolved at the time the BLA for ONS-5010 was submitted and then
resubmitted to the FDA; (iii) as a result of all the foregoing, the
FDA was unlikely to approve the ONS-5010 BLA in its present form;
(iv) accordingly, ONS-5010's regulatory and commercial prospects
were overstated; and (v) as a result, the Company's public
statements were materially false and misleading at all relevant
times, says the suit.
On this news, Outlook's stock price fell $1.141 per share, or
80.92%, from a closing price of $1.41 per share on August 29, 2023,
to close at $0.269 per share on August 30, 2023.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, the suit added.
Outlook Therapeutics, Inc. is a late clinical-stage
biopharmaceutical company that focuses on developing and
commercializing monoclonal antibodies for various ophthalmic
indications.[BN]
The Plaintiff is represented by:
Sherrie R. Savett, Esq.
Michael Dell'Angelo, Esq.
Andrew D. Abramowitz, Esq.
James A. Maro, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
E-mail: ssavett@bm.net
mdellangelo@bm.net
aabramowitz@bm.net
jmaro@bm.net
PARK MY FLEET: Grewal Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Park My Fleet LLC.
The case is styled as Sarvpreet Grewal, individually and on behalf
of all others similarly situated v. Park My Fleet LLC, Case No.
STK-CV-UOE-2023-0014570 (Cal. Super. Ct., San Joaquin Cty., Dec.
29, 2023).
The case type is stated "Unlimited Civil Other Employment."
ParkMyFleet -- https://www.parkmyfleet.com/ -- provides fully
staffed secured and gated Mobility Hubs, supporting fleets with
full life cycle managed services.[BN]
The Plaintiff is represented by:
John G. Yslas, Esq.
WILSHIRE LAW FIRM
3055 Wishire Blvd., 12th Floor
Los Angeles, CA 90010
Phone: 213-255-3937
Email: jyslas@wilshirelawfirm.com
PARKS MARTIAL: Robles Sues Over Unpaid Minimum, Overtime Wages
--------------------------------------------------------------
ANGELITTE ROBLES, individually and on behalf of all others
similarly situated, Plaintiff v. PARKS MARTIAL ARTS, INC, SUNEM
PARK and CHEONG Y. PARK, Defendant, Case No. CACE-23-022466 (Fla.
Cir., 17th Judicial, Broward Cty., Dec. 14, 2023) arises from the
Defendant's violations of the Fair Labor Standards Act by failing
to pay Plaintiff and similarly situated current and former
employees proper minimum and overtime wages.
The Plaintiff worked as a camp instructor for Defendant from
February 21, 2023 to September 11, 2023. She asserts that Defendant
failed to pay her and the members of the Putative Collective
minimum wages as well as overtime compensation for the hours they
worked over 40 in a workweek.
Parks Martial Arts, Inc. conducted business in Broward County,
Florida, at all times relevant to this action.[BN]
The Plaintiff is represented by:
Alberto Naranjo, Esq.
AN LAW FIRM, PA
7900 Oak Ln # 400
Miami Lakes, FL 33016-5888
Telephone: (305) 942-8070
E-mail: AN@ANLawFirm.com
PEOPLESHARE LLC: Faces Class Suit Over Illegal Biometric Collection
-------------------------------------------------------------------
Cook County Record reports that Personnel staffing firm PeopleShare
is facing a class action lawsuit for allegedly violating Illinois'
biometrics privacy law.
The suit accuses the company of wrongly scanning workers'
fingerprints when clocking in and out, without obtaining proper
consent or making necessary disclosures about the collection,
storage, use, or destruction of biometric identifiers.
The lawsuit was filed on behalf of named plaintiff, Toby Britten,
and other allegedly similarly situated employees in Illinois.
According to the complaint filed in Cook County Circuit Court,
PeopleShare requires its employees to use a biometric finger
scanning time clock to record their work hours. This practice
allegedly violates the Illinois Biometric Information Privacy Act
(BIPA), which obligates companies to obtain written consent from
employees before capturing or storing their biometric identifiers.
The lawsuit seeks damages and injunctive relief for PeopleShare's
alleged BIPA violations.
PeopleShare is one of thousands of Illinois employers targeted by
class actions under the BIPA law in recent years. Plaintiffs'
lawyers have seized on recent pro-plaintiff decisions by the
Illinois Supreme Court, which have left most Illinois businesses
with few defenses against such suits, even though plaintiffs have
to this point not accused any employers of causing anyone any
actual harm, such as identity theft, from such fingerprint scans.
The lawyers have collectively secured hundreds of millions of
dollars in fees from a growing list of settlements, which have
leveraged BIPA's steep damages provisions.
The lawsuit against PeopleShare was filed on Nov. 29 by attorneys
Peter S. Lubin and Patrick D. Austermuehle, of Lubin Austermuehle
P.C., of Oakbrook Terrace; and Terrence Buehler and Susan Irion, of
the Law Offices of Terrence Buehler, of Chicago. [GN]
PERFORMANCE HEALTH: Canterbury Suit Transferred to D. Mass.
-----------------------------------------------------------
A class action lawsuit captioned as Canterbury v. Performance
Health Technology, Ltd., Case No. 3:23-cv-01197, was transferred
from the United States District Court for the District of Oregon to
the United States District Court District of Massachusetts (Boston)
on Jan. 4, 2024.
The District of Massachusetts Court Clerk assigned case no.
1:24-cv-10035-ADB to the proceedings.
The nature of suit states Personal Property -- Diversity-Contract
Dispute.
Performance Health provides health plan services.[BN]
The Plaintiff is represented by:
Kim D. Stephens, Esq.
Kaleigh Boyd, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 5th Avenue, Suite 1700
Seattle, WA 98101
Telephone: (206) 682-5600
E-mail: kstephens@tousley.com
kboyd@tousley.com
PROCTER & GAMBLE: Faces Class Suit Over Sleep Aids' False Ads
-------------------------------------------------------------
Julie Steinberg of Bloomberg Law reports that Procter & Gamble Co.
says a proposed class suit alleging it deceptively markets ZzzQuil
sleep aids as "non-habit forming" should be tossed because the
plaintiffs lack standing to sue, the label isn't deceptive, and
federal law preempts the claims.
Lead plaintiffs Stephen Sneed and Nickolas Cannon sued in the US
District Court for the Northern District of California, alleging
ZzzQuil's active ingredient, diphenhydramine, can cause users to
become psychologically dependent. This happens because consumers
take sleep aids in a "situation specific" context—incorporating
the products into their nightly routine, which becomes a habit, the
plaintiffs say. [GN]
PROGRESS SOFTWARE: Hakemi Class Suit Transferred to D. Mass.
------------------------------------------------------------
A class action lawsuit Hakemi, MD v. Progress Software Corporation
et al., Case No. 2:23-cv-01123 (Filed Dec. 3, 2023), was
transferred to from United States District Court for the Middle
District of Florida to the United States District Court for the
District of Massachusetts (Boston) on Jan. 4, 2024.
The District of Massachusetts Court Clerk assigned Case No.
1:24-cv-10031-ADB to the proceedings.
The nature of suit states P.I.: Other demanding $5M in damages.
The Lead suit is Case No. 1:23-md-03083-ADB. The case is assigned
to the Hon. Judge Allison D. Burroughs.
The Defendant includes Progress Software Corporation, Arietis
Health, LLC, Anesthesia Consulting & Management, LP, and Northstar
Anesthesia of Michigan II, PC.[BN]
The Plaintiff is represented by:
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106-3697
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: cschaffer@lfsblaw.com
- and -
Jeffrey S. Goldenberg, Esq.
Goldenberg Schneider, LPA
One West Fourth Street, 18th Floor
Cincinnati, OH 45202
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
- and -
Kristen M.J. Johnson, Esq.
PATTON BOGGS LLP
2550 M. Street, N.W.
Washington, DC 20037-1350
Telephone: (202) 457-6315
Facsimile: (202) 457-6315
E-mail: kmjohnson@pattonboggs.com
- and -
Nicholas J. Elia, Esq.
LEVIN SEDRAN & BERMAN, LLP
510 Walnut Street, 5th Floor
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: nelia@lfsblaw.com
- and -
Sean R. Matt, Esq.
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 2nd Ave, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
E-mail: sean@hbsslaw.com
steve@hbsslaw.com
- and –
Jonathan Cohen, Esq.
GREG COLEMAN LAW PC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: (865) 247-0080
Facsimile: (865) 522-0049
E-mail: jonathan@gregcolemanlaw.com
PROGRESSIVE DIRECT: Appeals Class Cert. Ruling in Curran Suit
-------------------------------------------------------------
PROGRESSIVE DIRECT INSURANCE COMPANY is taking an appeal from a
court order granting the Plaintiff's motion for class certification
in the lawsuit entitled Michael Curran, individually and on behalf
of all others similarly situated, Plaintiff, v. Progressive Direct
Insurance Company, Defendant, Case No. 1:22-CV-00878-NYW-MEH, in
the U.S. District Court for the District of Colorado.
In this lawsuit, Mr. Curran challenges Progressive Direct's process
by which it calculates the actual cash value (ACV) of a total loss
vehicle. He alleges that when the Defendant calculates valuations
and claim payments, it systemically employs a routine total loss
settlement process that involves obtaining a Vehicle Valuation
Report from Mitchell International, Inc. and relying upon the
valuation provided by Mitchell as the ACV amount owed under the
policy. The Valuation Reports also apply Projected Sold Adjustments
(PSAs), which are adjustment[s] to reflect consumer purchasing
behavior (negotiating a different price than the listed price), to
the comparable vehicles.
On May 26, 2023, the Plaintiff filed a motion for class
certification, which the Court granted through an Order entered by
Judge Nina Y. Wang on Dec. 18, 2023. The Plaintiff was appointed
class representative, and the Plaintiff's counsel was appointed
class counsel under Rule 23(g), for the following class: All
persons who made a first-party claim on a policy of insurance
issued by Progressive Direct Insurance Company to a Colorado
resident where the claim was submitted from April 12, 2019, through
December 18, 2023, and Progressive determined that the vehicle was
a total loss and based its claim payment on an Instant Report from
Mitchell where a Projected Sold Adjustment was applied to at least
one comparable vehicle.
The appellate case is captioned Progressive Direct Insurance
Company v. Curran, Case No. 24-700, in the United States Court of
Appeals for the Tenth Circuit, filed on January 2, 2024. [BN]
Plaintiff-Respondent MICHAEL CURRAN, individually and on behalf of
all others similarly situated, is represented by:
Joseph Henry Hank Bates, III, Esq.
Edwin Lee Lowther, III, Esq.
CARNEY BATES & PULLIAM
519 West 7th Street
Little Rock, AR 72201
Telephone: (501) 312-8500
- and -
Scott Adam Edelsberg, Esq.
Christopher C. Gold, Esq.
EDELSBERG LAW PA
20900 NE 30th Avenue Suite 417
Miami Beach, FL 33139
- and -
Joshua R. Jacobson, Esq.
NORMAND PLLC
3165 McCrory Place Suite 175
Orlando, FL 32803
- and -
Andrew John Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 North East 1st Avenue, Suite 705
Miami, FL 33132
Defendant-Petitioner PROGRESSIVE DIRECT INSURANCE COMPANY is
represented by:
Julia C. Barrett, Esq.
KING & SPALDING LLP
500 West 2nd Street Suite 1800
Austin, TX 78701
- and -
James M. Brigman, Esq.
Jeffrey S. Cashdan, Esq.
Zachary A. McEntyre, Esq.
Allison Hill White, Esq.
KING & SPALDING
1180 Peachtree Street, NE, Suite 1600
Atlanta, GA 30309
Telephone: (404) 572-3566
(404) 572-5600
(404) 572-2440
- and -
Paul Alessio Mezzina, Esq.
Amy R. Upshaw, Esq.
KING & SPALDING
1700 Pennsylvania Avenue, NW, Suite 900
Washington, DC 20006
Telephone: (202) 626-8972
(202) 626-2915
PROGRESSIVE DIRECT: Curran Wins Bid for Class Certification
-----------------------------------------------------------
In the class action lawsuit captioned as MICHAEL CURRAN,
individually and on behalf of all others similarly situated, v.
PROGRESSIVE DIRECT INSURANCE COMPANY, Case No.
1:22-cv-00878-NYW-MEH (D. Colo.), the Hon. Judge Nina Y. Wang
entered an order on motion for class certification:
(1) The Plaintiff's motion for class certification is granted.
(2) The Plaintiff is appointed class representative, and
Plaintiff's counsel is appointed class counsel under Rule
23(g), for the following class:
"All persons who made a first-party claim on a policy of
insurance issued by Progressive Direct Insurance Company to
a
Colorado resident where the claim was submitted from April
12,
2019, through December 18, 2023, and Progressive determined
that the vehicle was a total loss and base its claim payment
on
an Instant Report from Mitchell where a Projected Sold
Adjustment was applied to at least one comparable vehicle."
(3) The Parties shall meet and confer as to the form and manner
of
notice under Rule 23(c)(2)(B), and the Parties shall file a
proposed form of class notification for review and approval
on
or before January 8, 2024.
(4) Consistent with the Hon. Michael E. Hegarty's Order Granting
the Parties' Joint Stipulated Motion to Amend the Scheduling
Order, the dispositive motions deadline is January 17,
2024.
(5) The Final Pretrial Conference set for February 20, 2024, is
vacated, and the Court will set a combined Final
Pretrial/Trial
Preparation Conference after the resolution of dispositive
motions, should any be filed.
The Court has previously discussed the factual background of this
case. According to the Second Amended Class Action Complaint, on
August 12, 2021, Mr. Curran was involved in an automobile collision
that caused physical damage to his vehicle.
At the time of the collision, Mr. Curran was insured through
Progressive Direct. Progressive Direct declared Mr. Curran's
vehicle to be a total loss. Pursuant to Mr. Curran's insurance
policy, Progressive Direct purported to pay Mr. Curran the actual
cash value ("ACV) of his total loss vehicle.
In this lawsuit, Mr. Curran challenges Progressive Direct's process
by which it calculates the ACV of a total loss vehicle. The
Plaintiff alleges that when Defendant calculates valuations and
claim payments, it "systemically employs a routine 'total loss
settlement
Process'" that "involves obtaining a 'Vehicle Valuation Report'
from Mitchell and relying upon the valuation provided by Mitchell
as the ACV amount owed under the policy."
Progressive underwrites auto, fire, marine, and casualty
insurance.
A copy of the Court's order dated Dec. 18, 2023 is available from
PacerMonitor.com at https://bit.ly/3S1WVAU at no extra charge.[CC]
RADIUS GLOBAL: Hudgins Class Suit Transferred to D. Mass.
---------------------------------------------------------
A class action lawsuit captioned Hudgins v. Radius Global
Solutions, LLC, Case No. 0:23-cv-03025, was transferred from the
United States District Court for the Minnesota to the United States
District Court for the District of Massachusetts (Boston) on Jan.
4, 2024.
The District of Massachusetts Court Clerk assigned Case No.
1:24-cv-10034-ADB to the proceedings.
The nature of suit states Diversity-Personal Injury demanding $5M
in damages.
The Lead case is Case No. 1:23-md-03083-ADB. The case is assigned
to the Hon. Judge Allison D. Burroughs.
Radius Global provides debt recovery services and customer contact
solutions.[BN]
The Plaintiff is represented by:
Hanson Riebel, Esq.
Kate M. Baxter-Kauf, Esq.
Rebecca Anne Peterson, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South Suite 2200
Minneapolis, MN 55401
Telephone: (612) 596-4097
E-mail: Khriebel@locklaw.com
kmbaxter-kauf@locklaw.com
rapeterson@locklaw.com
- and -
Lori Feldman, Esq.
GEORGE FELDMAN MCDONALD PLLC
102 Half Moon Bay Drive
Croton on Hudson, NY 10520
Telephone: (917) 983-9321
Facsimile: (888) 421-4173
E-mail: lfeldman@4-justice.com
The Defendant is represented by:
Thomas H. Schaefer, Esq.
ERSTAD & RIEMER, P.A.
7301 Ohms Lane, Suite 400
Minneapolis, MN 55439
Telephone: (952) 837-3250
Facsimile: (952) 837-3250
E-mail: tschaefer@erstad.com
ROSCOE'S CHICKEN: Faces Class Suit Over Labor Law Violations
------------------------------------------------------------
KNX News reports that a former Roscoe's Chicken and Waffles
employee is suing the restaurant chain, alleging unpaid overtime,
non-compensation for missed meal and rest breaks and other labor
issues.
Plaintiff Jaime Alejandro Carbajal-Torres worked for Roscoe's from
November 2001 until last March. His proposed Los Angeles Superior
Court lawsuit seeks to represent himself and other employees who
have done cleaning work, prepared and served beverages and
transferred meals to servers.
The suit seeks unspecified damages as well as injunctions
prohibiting Roscoe's from committing further alleged Labor Code
violations and requiring the establishment of "appropriate and
effective means" to prevent future alleged violations.
A Roscoe's representative did not immediately reply to a request
for comment on the suit brought on January 5, 2024.
For at least four years prior to the filing of the suit and
continuing to the present, Roscoe's has failed to pay overtime
wages to the plaintiff and the other proposed class members who
have worked more than eight hours a day or 40 hours weekly, and
sometimes seven consecutive days.
Roscoe's also has neglected to pay the plaintiff and others the
full wages owed upon termination or resignation, the suit further
alleges.
Roscoe's has six locations in Los Angeles County and one in Orange
County in Anaheim. [GN]
ROSS DRESS: Faces Sanchez Class Action Suit in Cal. Super. Court
----------------------------------------------------------------
A class action has been filed against ROSS DRESS FOR LESS, INC., ET
AL. The case is captioned as REMEDIOS SANCHEZ v. ROSS DRESS FOR
LESS, INC. ET AL., CGC24611508 (Cal. Super. Ct., San Francisco
Cty., Filed Jan. 4, 2024).
The Defendants include DOES 1 THROUGH 50, INCLUSIVE, and ROSS DRESS
FOR LESS, INC.
PLAINTIFF SANCHEZ, REMEDIOS, AN INDIVIDUAL, ON BEHALF OF THE STATE
OF CALIFORNIA AS A PRIVATE ATTORNEY GENERAL, AND ON BEHALF OF ALL
OTHERS SIMILARLY SITUATED, is represented by:
Anthony Orshansky, Esq.
COUNSELONE, PC, 9301
Wilshire Blvd., Ste 650
Beverly Hills, CA 90210
Telephone: (310) 277-9945
Facsimile: (424) 277-3727
E-mail: anthony@counselonegroup.com
SCOTCH & HOPS: Faces Kerim Suit Over Unlawful Labor Practices
-------------------------------------------------------------
KENAN KERIM, on behalf of himself and all similarly situated
persons, Plaintiff v. SCOTCH & HOPS, INC. D/B/A AVENUE AMERICAN
BISTRO, A Michigan corporation, and KARL MAKKY, in his Official and
Individual capacity, Defendants, Case No. 2:23-cv-13263-MAG-EAS
(E.D. Mich., Dec. 22, 2023) arises from the Defendants' violations
of the Fair Labor Standards Act, the Michigan Workforce Opportunity
Wage Act, and the Bullard-Plawecki Employee Right to Know Act when
they engaged in illegal policies depriving Plaintiff of fair
overtime compensation for his labor, depriving a copy of his
personnel file, and terminating Plaintiff for asserting his
rights.
Plaintiff Kerim is a resident of the State of Michigan who was
hired as a line cook by the Defendant in October 2021. He brings
this action on his own behalf and on behalf of others similarly
situated, including all individuals in the State of Michigan who
may choose to opt-in to this action, who are or were employed by
Defendants as line cooks, and who are or were subject to illegally
denied appropriate overtime compensation under the federal and
state laws.
Scotch & Hops, Inc., d/b/a Avenue American Bistro, is a domestic
for-profit corporation registered for business in Wayne,
Michigan.[BN]
The Plaintiff is represented by:
Keith D. Flynn, Esq.
MILLER COHEN, P.L.C.
7700 Second Avenue, Suite 335
Detroit, MI 48226
Telephone: (313) 964-4454
E-mail: kflynn@millercohen.com
SIKA AG: SMBA Construction Alleges Price-fixing Conspiracy
----------------------------------------------------------
SMBA CONSTRUCTION, LLC, on behalf of itself and all others
similarly situated, Plaintiff v. SIKA AG; SIKA CORPORATION; CHRYSO,
INC.; GCP APPLIED TECHNOLOGIES INC.; COMPAGNIE DE SAINT-GOBAIN
S.A.; SAINT GOBAIN NORTH AMERICA; MASTER BUILDERS SOLUTIONS
ADMIXTURES US, LLC; MASTER BUILDERS SOLUTIONS DEUTSCHLAND GMBH;
CINVEN LTD.; CINVEN, INC.; THE EUCLID CHEMICAL COMPANY; and RPM
INTERNATIONAL INC., Defendants, Case No. 1:23-cv-10875 (S.D.N.Y.,
Dec. 14, 2023) arises from the Defendants' unlawful agreement to
fix the prices for (a) concrete admixtures, (b) cement additives,
and (c) admixtures for mortar (collectively, "CCAs") in violation
of Section 1 of the Sherman Act and/or various state antitrust,
unfair competition, and/or consumer protection laws.
This is a civil antitrust action seeking damages and injunctive
relief arising from the collusive and concerted restraint of trade
in CCAs by the Defendants -- all of whom are direct competitors and
leading manufacturers of CCAs in the United States -- during the
Class Period. But for Defendants' and their co-conspirators'
collusive conduct as alleged herein, Plaintiff and members of the
class Plaintiff seeks to represent would not have paid -- and would
not continue to pay -- artificially inflated prices for CCAs. CCA
is a commodity product sold in powdered and liquid forms. The
Defendants' scheme included both price increases and the imposition
ofsurcharges on CCAssold in the United States, says the suit.
As Defendants continued to consolidate the CCA market and with no
meaningful check on their pricing power, they instituted price
increases on CCAs, and surcharges on top of those price increases,
including shipping surcharges and raw material surcharges, asserts
the suit. Moreover, Defendants' claimed justification for these
price hikes and surcharges is pretextual. The spike in raw material
and shipping costs was either non-existent or short lived. In
comparison, Defendants' price increases, including surcharges, on
CCAs have been both extreme and persistent, the suit alleges.
This rapid industry consolidation, and Defendants' effective
elimination of their independent competitors, helped cement
Defendants' cartel, which in turn resulted in Plaintiff and members
of the Class paying supra-competitive prices for CCAs in the United
States. Through this action, Plaintiff, on behalf of itself and
members of the Class, seek to recover the overcharges they paid to
Defendants.
During the Class Period, the Plaintiff purchased CCAs at
supra-competitive prices other than directly from one or more of
the Defendants, and allegedly suffered antitrust injury and damages
as a material, direct, and proximate results of Defendants'
conspiracy and overt acts in furtherance thereof.
Sika AG is a Swiss multinational specialty chemical company that
supplies to the building sector and motor vehicle industry,
headquartered in Baar, Switzerland.[BN]
The Plaintiff is represented by:
Robert N. Kaplan, Esq.
Matthew P. McCahill, Esq.
Elana Katcher, Esq.
Jason A. Uris, Esq.
KAPLAN FOX & KILSHEIMER, LLP
800 Third Avenue, 38th Floor
New York, NY 10022
Telephone: (212) 687-1980
E-mail: rkaplan@kaplanfox.com
mmccahill@kaplanfox.com
ekatcher@kaplanfox.com
juris@kaplanfox.com
SPIRIT REALTY: Randall Sues Over Misleading Proxy Statements
------------------------------------------------------------
MARC RANDALL, on behalf of himself and all others similarly
situated, Plaintiff v. SPIRIT REALTY CAPITAL, INC., RICHARD
GILCHRIST, KEVIN CHARLTON, ELIZABETH FRANK, MICHELLE FRYMIRE,
KRISTIAN GATHRIGHT, JACKSON HSIEH, DIANA LAING, NICHOLAS SHEPHERD,
and THOMAS SULLIVAN, Defendants, Case No. 650075/2024 (N.Y. Sup.,
New York Cty., January 8, 2024) alleges the Defendants for
breaching their fiduciary duties of good faith, care, loyalty, and
candor owed to Plaintiff and the company's other public
shareholders.
The Plaintiff's claims arise in connection with the proposed merger
between Spirit and Realty Income Corporation. On December 19, 2023,
to convince Spirit stockholders to vote in favor of the Proposed
Transaction, Defendants allegedly authorized the filing of a
materially incomplete and misleading definitive proxy statement on
Schedule 14A with the Securities and Exchange Commission, in
violation of their duty of candor. The proxy statement contains
materially omissive and misleading information concerning the
financial projections for Spirit and the valuation analyses
performed by the company's financial advisors, J.P. Morgan
Securities LLC and Morgan Stanley & Co. LLC in support of their
fairness opinions. In addition, the unlevered free cash flows
(UFCF) that each of Spirit and Realty Income are forecasted to
generate for fiscal years 2023E through 2026E are not disclosed.
Thus, the omission of the UFCF projections leaves stockholders
materially uninformed about the individual defendants’ views of
the company's prospects and J.P. Morgan's most fundamental analysis
of the company's value, says the suit.
Headquartered in Dallas, TX, Spirit Realty Capital, Inc. is a
premier net-lease real estate investment trust that primarily
invests in single-tenant real estate assets subject to long-term
leases. As of September 30, 2023, the company's portfolio consisted
of 2,037 retail, industrial and other properties across 49 states,
including New York, which were leased to 338 tenants operating in
37 industries. [BN]
The Plaintiff is represented by:
Juan E. Monteverde, Esq.
Jonathan T. Lerner, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4740
New York, NY 10118
Telephone: (212) 971-1341
Facsimile: (212) 202-7880
E-mail: jmonteverde@monteverdelaw.com
SPRINGVIEW COMPASSIONATE: Fails to Pay Overtime Wages, Green Claims
-------------------------------------------------------------------
MONICA GREEN, on behalf of herself and all similarly situated
employees, Plaintiff v. SHEILA D. GLOVER d/b/a SPRINGVIEW
COMPASSIONATE CARE, Defendant, Case No. 1:24-cv-00002 (E.D. Tenn.,
January 8, 2024) accuses the Defendants of violating the Fair Labor
Standards Act of 1938.
Plaintiff Green began working for Sheila D. Glover as a caregiver
in approximately April 2022. She continued working in that role
until approximately November 2023. She regularly works
approximately 48 hours per workweek for Glover. However, Glover did
not pay overtime compensation to Green at 1.5 times Green's regular
rate of pay for all hours worked over 40 in a workweek. Rather than
paying overtime compensation to Green, Glover paid her under the
straight-time-for-overtime policy, the Plaintiff asserts.
Sheila D. Glover employs caregivers to provide home health care
services for clients in their private homes. She is doing business
under the name "Springview Compassionate Care." [BN]
The Plaintiff is represented by:
Melody Fowler-Green, Esq.
N. Chase Teeples, Esq.
YEZBAK LAW OFFICES PLLC
P.O. Box 159033
Nashville, TN 37215
Telephone: (615) 250-2000
Facsimile: (615) 250-2020
E-mail: mel@yezbaklaw.com
teeples@yezbaklaw.com
THROGS NECK DENTAL: Durantas Files ADA Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Throgs Neck Dental
Offices, P.C. The case is styled as Hakan Durantas, on behalf of
himself and all others similarly situated v. Throgs Neck Dental
Offices, P.C., Case No. 1:23-cv-09546 (E.D.N.Y., Dec. 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Throgs Neck Dental Offices P.C. -- https://throgsneckdental.com/ --
is Dentist Office in Bronx.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
TRINITY HEALTH-MICHIGAN: Fails to Pay Proper OT Wages, Lowe Says
----------------------------------------------------------------
Amber Lowe, individually and on behalf of all others similarly
situated, Plaintiff v. Trinity Health-Michigan, Defendant, Case No.
2:24-cv-10054-LJM-CI (E.D. Mich., January 8, 2024), seeks damages
for Defendant's failure to pay Plaintiff time and one-half the
regular rate of pay for all hours worked over 40 during each
seven-day workweek in violation of the Fair Labor Standards Act and
the Portal-to-Portal Act.
Plaintiff Lowe is a nurse who worked for Defendant from
approximately November 23, 2021 through approximately December 8,
2023. At the time of hiring, Plaintiff agreed to provide services
as a nurse in exchange for Defendant's agreement to provide hourly
compensation for all hours worked under 40 at a specified rate. The
Plaintiff and similarly situated nurses/technicians frequently
worked in excess of 40 hours in a workweek. They were also required
to work through promised meal breaks. However, Defendant failed to
pay all due and owing overtime wages to them because it
automatically deducted meal breaks of approximately 30 minutes for
each shift, says the suit.
Trinity Health-Michigan is a not-for-profit, integrated, managed
care health care organization serving West and Southeast Michigan.
[BN]
The Plaintiff is represented by:
David M. Blanchard, Esq.
BLANCHARD & WALKER, PLLC
221 North Main Street, Suite 300
Ann Arbor, MI 48104
Telephone: (734) 929-4313
E-mail: blanchard@bwlawonline.com
- and -
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
WAGE AND HOUR FIRM
5050 Quorum Drive, Suite 700
Dallas, TX 75254
Telephone: (214) 489-7653
Facsimile: (469) 319-0317
E-mail: rprieto@wageandhourfirm.com
marbuckle@wageandhourfirm.com
TYLER TECHNOLOGIES: Objects to Class-Suit Status in Negligence Suit
-------------------------------------------------------------------
CJ Staff of the Carolina Journal reports that defendants in a
federal lawsuit challenging North Carolina's eCourts implementation
object to a proposal to turn the case into a class action.
Class-action status would allow the case's nine current plaintiffs
to act on behalf of others with eCourts-related legal complaints.
The eCourts digital records system started with five counties,
including Wake, in 2023. Mecklenburg County joined eCourts at a
later date. The state court system is adding additional clusters of
counties. All courts in North Carolina are scheduled to use the
system by 2025.
"Plaintiffs cannot satisfy, and have not satisfied, the
requirements for class certification set out in Federal Rule of
Civil Procedure 23 for any proposed class against Defendant Tyler
Technologies, Inc.," wrote lawyers for the eCourts vendor in a
document filed on January 5, 2024.
"To begin with, adjudication of Plaintiffs' claim against Tyler
cannot be done on a class-wide basis," Tyler Techonolgies' lawyers
wrote. "Plaintiffs assert only a negligence claim against Tyler,
arguing that Tyler's alleged negligence in the provision of its
'eCourts' software package to North Carolina courts resulted in
class members being arrested or detained unlawfully. To prove
actual injury (required for a negligence claim), each class
member's claim will require an individualized mini-trial focused on
the unique circumstances of the class member's arrest or
detention."
"The need for these individualized mini-trials means that
Plaintiffs cannot satisfy, as a matter of law, the required
elements of commonality or typicality, much less the more stringent
requirement that common issues 'predominate' over individualized
issues," the company's court filing continued. "Additionally,
Plaintiffs cannot prove that the class members are readily
identifiable or ascertainable -- a separate requirement for class
certification."
Defendants tied to the state Administrative Office of the Courts
and the Wake and Lee County Superior Court clerks filed a separate
document on January 5, 2024 opposing class certification.
"The Amended Complaint and Class Motion seek this Court's
permission to bring a class action on behalf of all individuals who
were 'unlawfully arrested, detained, or overdetained due to
implementation of eCourts, including eWarrants,'" wrote state
Special Deputy Attorney General Elizabeth Curran O'Brien, who
represents the court system defendants. "The Amended Complaint and
Class Motion repeatedly use the conclusory term 'unlawful,' but
fail to allege facts demonstrating a violation of the
Constitution."
"Most of the factual allegations in the Amended Complaint involve
arrest warrants or orders for arrest that appeared as valid to law
enforcement officers, but that were allegedly either recalled or
issued in error and appeared but still appeared in eWarrants,
allegedly as a result of negligence by all defendants," O'Brien
wrote. "However, it is well-established that detention pursuant to
a facially valid warrant that was later determined to be recalled
or issued in error does not violate due process, and thus is not
constitutionally unlawful."
Both the Wake and Lee County sheriffs also filed court documents
opposing class certification.
Critics of North Carolina's new eCourts rollout added seven
plaintiffs in October to the original May 2023 suit filed by two
plaintiffs in Wake and Lee counties. The amended lawsuit added the
state's top court executive and other court officials to the list
of defendants.
The current list of plaintiffs features six Wake County residents
and one each from Lee, Mecklenburg, and Guilford counties.
The original suit named the Wake and Lee sheriffs, their insurers,
and eCourts vendor Tyler Technologies as defendants. The list of
defendants grew to include Ryan Boyce, who oversees the state court
system as executive director of the NC Administrative Office of the
Courts. Brad Fowler, AOC's chief business officer and "eCourts
executive sponsor," also was named as a new defendant. The new
defendants' list included the elected Superior Court clerks in Wake
and Lee counties.
"As North Carolina transitions its court systems from paper to
digital, hundreds of people have been unlawfully detained,"
according to the amended complaint. "There is broad support for
modernizing the state’s court system. But the rollout of
'eCourts' across the state has been at the expense of North
Carolinians' constitutional and other legal rights."
"[T]he eCourts launch has caused people to spend days or weeks
longer than necessary in jail," the suit continued. "Others have
been arrested multiple times on the same warrant -- even after
their charges have been dismissed by a judge."
"These and other violations were foreseeable," eCourts critics
argued. "Over the last decade, similar software implementations by
Defendant Tyler Technologies, Inc. ("Tyler Technologies") led to
well-documented cases of overdetention, wrongful arrest, and the
like. Defendants were aware that the same thing could happen here.
But they forged ahead without any failsafe or alternative in
place."
"Defendants even continued the rollout and adoption of eCourts
after they were made aware that violations had occurred and would
continue, evidencing reckless and intentional disregard for the
rights of our state's citizenry," according to the lawsuit. "This
class action seeks to remedy past harms and -- as eCourts is soon
expected to be fully implemented in North Carolina’s remaining
counties -- prevent future violations."
Plaintiffs filed a motion on Oct. 4 seeking an extension for class
action certification in the case. The court document signaled the
likelihood of additional plaintiffs. "This case involves
civil-rights violations arising from the rollout of the so-called
'eCourts' software in North Carolina -- a rollout that is still
ongoing."
"Plaintiffs intend to amend the Complaint to add additional
plaintiffs and additional defendants as more counties adopt
'eCourts.' Denial of the instant motion would have no binding
effect on these new parties. Nor would it shield the
currently-named Defendants from later certification motions.
Rather, denial would merely complicate this litigation," the
plaintiffs' lawyers argued.
ECourts allows for electronic court filing. It gives the public
online access to court files and allows people to pay court fees
online. [GN]
UNITED PARCEL: Anderson Suit Removed from State Court to C.D. Cal.
------------------------------------------------------------------
A class action lawsuit captioned as ANDERSON et al. v. UNITED
PARCEL SERVICE OF AMERICA, INC. et al., Case No. 23STCV28941 (Filed
Jan. 4, 2024) was removed from the Los Angeles Superior Court of
the State of California to the United States District Court for the
Central District of California (Western Division -- Los Angeles) on
Jan. 5, 2024.
The Central District of California Court Clerk assigned Case No.
2:24-cv-00096 to the proceedings.
The Plaintiff includes AMBER ANDERSON, CHAKA THEUS, RONALD LATHROP,
ANITRA HALL, ANITRA HALL, BRIAN FELSEN, ARASH MAGHBOULEH,
individually, on behalf of themselves and all others similarly
situated.[BN]
The Plaintiffs appear pro se.
The Defendant is represented by:
Purvi G. Pate, Esq.
MORRISON AND FOERSTER LLP
707 Wilshire Bouelvard Suite 6000
Los Angeles, CA 90017-3543
Telephone: (213) 892-5200
Facsimile: (213) 892-5454
E-mail: ppatel@mofo.com
UPFIELD US: Gates and Hwang Sue Over False Product Labeling
-----------------------------------------------------------
KARISSA GATES AND JANINE HWANG, individually and on behalf of all
others similarly situated, Plaintiffs v. UPFIELD US INC.,
Defendant, Case No. 5:24-cv-00036 (C.D. Cal., January 8, 2024)
arises from Defendant's false, deceptive, and misleading product
labels and packaging of a Country Crock product and asserts claims
for breach of express warranty and for violations of the California
Unfair Competition Law, the California's False Advertising Law and
the California's Consumers Legal Remedies Act.
To appeal to consumer demand for avocado oil and their avoidance of
palm oil, soybean oil and canola oil, Upfield US Inc. sells 79%
vegetable oil blends described as "Plant Butter," "Made With
Avocado Oil" and "With Avocado Oil," next to ripe green avocados in
light green packaging under its Country Crock brand. However, "Made
With Avocado Oil," "With Avocado Oil," and "Plant Butter" are
false, deceptive, and misleading, because instead of a predominant
or significant amount of avocado oil, this ingredient is present in
a negligible amount, in absolute and relative terms to the other
oils used, says the suit.
Headquartered in New Jersey, Upfield US Inc. manufactures and
produces food ingredients, including margarine, food spreads, and
other plant-based products. [BN]
The Plaintiffs are represented by:
Manfred P. Muecke, Esq.
MANFRED, APC
600 W Broadway Ste 700
San Diego CA 92101
Telephone: (619) 550-4005
Facsimile: (619) 550-4006
E-mail: mmuecke@manfredapc.com
VIDALIA CITY SCHOOL: Sloan Alleges Unpaid Minimum, Overtime Wages
-----------------------------------------------------------------
PATRICIA SLOAN, individually and On behalf of others similarly
situated, Plaintiff v. VIDALIA CITY SCHOOL SYSTEM, Defendant, Case
No. 6:23-cv-00072-JRH-BKE (S.D. Ga., Dec. 14, 2023) is a class
action against the Defendant for violations of the Fair Labor
Standards Act due to its failure to pay minimum wage and overtime
to Plaintiff and all others similarly situated.
The Plaintiff was employed by Defendant as a school bus driver from
approximately August 29, 2022 through June 30, 2023. She asserts
that Defendant's unlawful policy and practice of denying wages for
work performed and essentially stealing wages resulted in her not
receiving minimum wage for all hours worked between March 2023 and
the end of June 2023.
Vidalia City School System is a school district within the state of
Georgia which employs bus drivers to transport students to and from
school.[BN]
The Plaintiff is represented by:
Kristen W. Goodman, Esq.
Keri M. Martin, Esq.
7402 Hodgson Memorial Drive, Suite 110
Savannah, GA 31406
Telephone: (912) 777-6636
E-mail: kgoodman@hgrslaw.com
kmartin@hgrslaw.com
VIRGINIA: Faces Diale Conspiracy Class Action Suit in W.D. Texas
----------------------------------------------------------------
A class action lawsuit has been filed against Virginia, et al. The
case is captioned as Diale v. State of Virginia, et al., Case No.
5:24-cv-00012-FB-RBF (W.D. Tex., Jan. 4, 2024).
The nature of suit states Statutory Actions -- Conspiracy Against
Citizen Rights.
The case is assigned to the Hon. Judge Fred Biery.
The Defendant includes State of Virginia, State of North Carolina,
State of Michigan, State of Colorado, State of Missouri¸ State of
Rhode Island, United States Navy, United States Army, State of
Texas, State of Maryland, State of Ohio, State of Kansas, State of
New York, State of Wisconsin, The Department of Defense, The FBI,
The DOJ, and Homeland Security.[BN]
The Plaintiff of Richond, Virginia, appears pro se.
WAH HING TRADING: Fails to Pay Proper OT Wages, Macote Says
-----------------------------------------------------------
CARLOS MACOTE, individually and on behalf of others similarly
situated, Plaintiffs v. WAH HING TRADING INC., WAH HING, SALLY LIN,
YU Y LIN and LIN YUN YU, Defendants, Case No. 2:24-cv-00111
(D.N.J., January 5, 2024) accuses the Defendants of violating the
Fair Labor Standards Act and the New Jersey State Wage and Hour
Law.
From on or about January 2017, until December 9, 2023, the
Plaintiff was employed by Defendants to make deliveries at WAH HING
TRADING INC. located at 30 Dundee Ave Paterson, NJ. He worked
approximately 54 hours per week. However, the Defendants never paid
Plaintiff overtime for those hours he work beyond 40 hours per
week. In addition, the Defendants did not provide Plaintiff with
each payment of wages an accurate statement of wages and never
provided Plaintiff with written notice of his rate of pay,
employer's regular payday, and such other information as required,
says the suit.
Based in Paterson, NJ, Wah Hing Trading Inc. is engaged in
wholesaling restaurant supplies. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY10004
Telephone: (212) 203-2417
Website: www.stillmanlegalpc.com
WHEATON HOMEOWNERS: Faces Evanston Insurance Suit in D.S.C.
-----------------------------------------------------------
A class action lawsuit has been filed against Hillary Kierspe, et
al. The case is captioned as Evanston Insurance Company v. Hillary
Kierspe, et al., Case No. 1:24-cv-00042-JFA (D.S.C., Jan. 4,
2024).
The nature of suit states Diversity-Insurance Contract. The case is
assigned to the Hon. Joseph F, Anderson, Jr.
The Defendants include Hillary Kierspe, Daniel Duncan, Wheaton
Homeowners Association, Inc., and Legacy Home Properties, LLC.[BN]
The Plaintiff is represented by:
J. Blanton O'Neal, IV, Esq.
Virginia Rogers Floyd, Esq.
HOOD LAW FIRM
PO Box 1508
Charleston, SC 29402
Telephone: (843) 577-4435
Facsimile: (843) 722-1630
E-mail: blanton.oneal@hoodlaw.com
virginia.floyd@hoodlaw.com
WOODSIDE AUTO: Faces Rodriguez Wage-and-Hour Suit in E.D.N.Y.
-------------------------------------------------------------
JAIRO RODRIGUEZ, on behalf of himself and all others similarly
situated, Plaintiff v. WOODSIDE AUTO PARTS, LLC and DAVID MYONES,
Defendants, Case No. 1:23-cv-09173 (E.D.N.Y., Dec. 14, 2023) arises
from the Defendants' alleged unlawful labor practices in violation
of the Fair Labor Standards Act and the New York Labor Law.
The Plaintiff alleges on behalf of himself and similarly situated
employees pursuant to the FLSA that he is entitled to recover from
Defendants: (1) unpaid overtime, (2) retaliation, (3) liquidated
damages and (4) attorneys' fees and costs. He further alleges on
behalf of himself and similarly situated employees that, pursuant
to the NYLL that he is entitled to recover from Defendants: (1)
unpaid minimum wage, (2) unpaid overtime, (3) retaliation, (4)
statutory penalties, (5) liquidated damages, and (6) attorneys'
fees and costs.
Plaintiff Rodriguez was employed by the Defendants from
approximately May 27, 2023 to approximately September 13, 2023 as a
non-exempt delivery driver.
Woodside Auto Parts, LLC is an automobile parts shop based in
Woodside, New York.[BN]
The Plaintiff is represented by:
Robert D. Salaman, Esq.
AKIN & SALAMAN
45 Broadway, Suite 1420
New York, NY 10006
Telephone: (212) 825-1400
E-mail: rob@akinlaws.com
Asbestos Litigation
ASBESTOS UPDATE: Kelly-Moore Winding Down Operations
----------------------------------------------------
Businesswire reports that Kelly-Moore Paints announced that the
Company plans to immediately cease operations and commence an
orderly, out-of-court wind-down of substantially all its business.
During the wind-down process, the Company will continue to endeavor
to fulfill previously placed customer orders to the extent possible
from existing inventory in Kelly-Moore's Union City, California,
distribution facility. All the Company's other facilities will be
permanently closed effective immediately, including Kelly-Moore's
manufacturing facility in Hurst, Texas, and its retail stores, all
of which were leased. Kelly-Moore employees will be fully
compensated for regular time worked, and management will continue
its efforts to collect receivables to pay all accrued benefits
including Paid Time Off.
Earlier this week, the Company announced a furlough of
approximately 700 employees across the Company's locations, as well
as an operational halt at its manufacturing facility. At the time,
the Company had a number of interested investors with which it was
working, in hopes of allowing for a return to full operations.
Since then, the Company has continued actively seeking new capital
to enable a turnaround, with assistance from financial advisor
Houlihan Lokey. Unfortunately, none of the interested investors has
stepped forward with a Letter of Intent, and the Company has not
secured the additional funding needed to continue operations.
For over 30 years, the Company has been grappling with thousands of
asbestos litigation claims related to the Company’s past use of
asbestos in cement and texture products under prior ownership, a
practice that was discontinued in 1981. Through the cumulative cash
drain caused by legal settlements and the cost of defending
ever-continuing case filings, the Company's ability to reinvest in
the business – including investments needed to address historical
supply chain challenges that were exacerbated by the recent
pandemic – has been severely constrained for an extended period
of time. Despite paying out approximately $600 million over the
past 20 years to settle asbestos claims, a recent study
commissioned by the Company estimates future asbestos liabilities
exceed $170 million.
The Company has also been impacted by insurmountable legal
liabilities inherited by the current ownership group from their
2022 acquisition of the Company, including millions of dollars of
previously unpaid sales and use taxes. The Company is pursuing its
legal rights with respect to these claims.
After acquiring Kelly-Moore in October of 2022, Pleuger Chemicals
appointed Gassenheimer, a seasoned businessman and experienced
turnaround professional, to evaluate and implement strategies for
improving the Company's dire financial position by enhancing the
Company's reach and market share. These strategies included
starting the process of relocating the Company's headquarters from
California to Texas, exploring new supply-chain partnerships
domestically and abroad, planning strategic technology and store
upgrades, and resolving a sizeable portion of the pending asbestos
claims.
The Company also engaged and worked with outside professional
advisors to assess and improve its liquidity position, exploring
various options for new funding sources or partnerships to avert a
wind-down. The Company and its advisors conducted an exhaustive
process that included pursuing opportunities for new capital
investment, a potential sale, merger or reorganization. However,
largely due to the asbestos litigation overhang, it was impossible
to attract any additional funding or interest to recapitalize,
restructure or reorganize the business.
Ultimately, to its deep regret, the Company's leadership team
determined with the assistance of outside advisors that the Company
is financially unable to continue operations. Kelly-Moore leaders
today informed employees, stakeholders, creditors and other
interested parties of the Company's need to cease operations and
conduct an orderly, out-of-court wind-down process.
Neither a bankruptcy reorganization nor an in-court liquidation is
viable or advantageous given the Company’s inability to fund its
continued operations, as well as the fact that the Company leases
all its facilities and has no unencumbered hard assets that could
be made available for distribution to creditors.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***