/raid1/www/Hosts/bankrupt/CAR_Public/240131.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, January 31, 2024, Vol. 26, No. 23
Headlines
ABC CORP: Ortiz Sues Over Unpaid Minimum Compensation
ANNA JAQUES HOSPITAL: Faces Class Action Over Data Breaches
APPLE INC: Sent Out Class Action Settlement Payments in Penn.
ARCHIPELAGO GROUP: Sookul Files ADA Suit in S.D. New York
ATH HOLDINGS LLC: Newman Files Suit in S.D. New York
AUTOZONERS LLC: Underpays Store Managers, Tolentino Suit Alleges
BAKERSFIELD AUTO: Murbach Files Suit in Cal. Super. Ct.
BETTER BOOCH INC: Morgan Files ADA Suit in S.D. New York
BLABLA LLC: Website Inaccessible to Blind, Wahab Class Suit Alleges
BROWN SECURITY: Nikolich Sues Over Unpaid Overtime Wages
CAMINO NATURAL: Monarch Minerals Files Suit in D. Colorado
CHAR-BROIL LLC: Martin Suit Removed to C.D. California
CITRIX SYSTEMS: Faces Class Action Lawsuit Over Data Breaches
COMMUNITY HEALTH CARE: Pollard Files Suit in D. New Jersey
CONCENTRA HEALTH: Ruiz-Velasco Suit Removed to C.D. California
CONSOLIDATED EDISON: Adams Sues Over Unpaid Overtime Wages
CREDIT UNION: Plaintiffs Lose Class Certification Bid
CRESTVIEW LANDSCAPE: Trujillo Sues Over Unpaid Overtime Wages
DAVE'S KILLER: May 7 Class Cert Hearing Extension Sought in Swartz
DELTA AIR LINES: Empson Files Suit in S.D. New York
DELTA COUNTY, TX: Class Certification Order Entered in Taylor Suit
DIPPIN DOTS LLC: Gomberg Files ADA Suit in E.D. Pennsylvania
DUNKIN DONUTS: Sued Over Unfair Non-Dairy Alternatives Surcharges
DYCK-O'NEAL INC: Hernandez Seeks Extension of Class Cert Deadline
EMPIRE STATE REALTY: Newman Files Suit in S.D. New York
FALCK MOBILE HEALTH: Rose Suit Removed to S.D. California
FEDEX FREIGHT: Filing of Class Cert. Bid Continued to March 11
FIRST AMERICAN: Court Unseals Improperly Filed Documents
FLAMINGO ESTATES: Morgan Files ADA Suit in S.D. New York
FROM SPAIN INC: Karim Files ADA Suit in S.D. New York
GEV WIND POWER: Nichols Sues Over Failure to Pay Overtime Wages
GNC HOLDINGS LLC: Jackson Files Suit in Cal. Super. Ct.
GREYHOUND LINES: Class Discovery Deadline Continued to March 8
HANOVER CAPITAL: Saliba Seeks Sales Representatives' Unpaid Wages
HARD ROCK CAFE: Fails to Pay Proper Wages, Grant Alleges
HEALTH CENTER PARTNERS: Jackson Suit Removed to S.D. California
HEALTHCARE SERVICES: Bazaldua Files Suit in Cal. Super. Ct.
HEALTHFIRST INC: Faces Walters Suit Over Prerecorded Voice Calls
HENRY SCHEIN: Fails to Prevent Data Breach, Cruz-Bermudez Says
HERSHEY COMPANY: Yeh Sues Over Organic Chocolate Bars' False Ads
LINCARE HOLDINGS: Agrees to Settle Data Breach Class Suit for $7.5M
MANIPAL EDUCATION: Fails to Prevent Data Breach, Cherian Alleges
MEG METTLE: Fails to Pay Proper Wages, Gray Suit Alleges
MERCY INVESTMENT: Defrauds Academy Alumni & Donors, Reynolds Says
METROLIST SERVICES: Conspires to Restrain Trade, Willsim Claims
MILLENNIA HOUSING: Tenants File Class Suit Over Mismanagement
PONTIAC, MI: SJ Suit Removed to E.D. Michigan
QUEBEC: Faces Class Suit Over COVID-19 Long-Term Care Outbreaks
REAL ESTATE BOARD: Friedman Sues Over Home Rental Conspiracy Scheme
SHELVING INCORPORATED: Website Inaccessible to Blind, Wahab Claims
SUNRISE CREDIT: Faces Zieg Suit Over Illegal Debt Collection
SURYA NATURE: Wahab Suit Seeks Blind's Equal Access to Website
TANNER INC: Blind Can't Access Online Store, Wahab Suit Claims
UNITED STATES: Meets Settlement Requirements for Asylum Seekers
UNIVERSITY OF PITTSBURGH: Controls Skilled Labor Market, Ross Says
WHEELING, WV: Corn Files Suit in N.D. West Virginia
*********
ABC CORP: Ortiz Sues Over Unpaid Minimum Compensation
-----------------------------------------------------
Macario Templo Ortiz, Yadira Gomez Camacho, on behalf of themselves
and all other persons similarly situated v. ABC Corp. d/b/a
Saranrom Thai, Timun Doe and Stephania Doe, Case No. 1:24-cv-00361
(E.D.N.Y., Jan. 17, 2024), is brought pursuant to the Fair Labor
Standards Act ("FLSA"), alleging that they are entitled to:
compensation for wages paid at less than the statutory minimum
wage, unpaid wages from defendants for overtime work for which they
did not receive overtime premium pay as required by Law, and
1iquidated damages pursuant to the FLSA.
The Defendants' failure to pay each Plaintiff an amount at least
equal to the New York City minimum wage in effect during relevant
time periods was willful, and lacked a good faith basis. In
addition, Plaintiffs any overtime the defendants failed to pay
"bonus" for hours worked beyond 40 hours in a workweek, in
violation of the FLSA, the New York Labor Law, and the supporting
New York State Department of Labor regulations. The Defendants'
failure to pay each Plaintiff the overtime bonus for overtime hours
they each worked was willful, and lacked a good faith basis, says
the complaint.
The Plaintiff was employed as a dishwasher, delivery man, food
preparer, and cleaning the basement and the kitchen at the end of
the day.
The defendants owned and operated ABC Corp. d/b/a Saranrom Thai, a
Thai restaurant in Queens, New York.[BN]
The Plaintiff is represented by:
Michael Samuel, Esq.
THE SAMUEL LAW FIRM
1441 Broadway, Suite 6085
New York, NY 10018
Phone: (212) 563-9884
Email: michael@thesamuellawfirm.com
ANNA JAQUES HOSPITAL: Faces Class Action Over Data Breaches
-----------------------------------------------------------
Insurance Journal reports that a Massachusetts hospital that
suffered a cyber attack in December has been hit with a class
action lawsuit for its alleged failure to secure patients' personal
information.
Anna Jaques Hospital in Newburyport experienced a significant
shutdown of its electronic medical records systems and networked
computers on December 24, 2023. The attack caused the hospital to
redirect ambulances to other hospitals on Christmas day until
service was restored on December 26.
The not-for-profit community hospital, part of the Beth Israel
Lahey Health System, acknowledged on January 5 that the attack
happened.
According to The Record published by Recorded Future News, a
ransomware gang called Money Message has publicly admitted it was
behind the Anna Jaques attack. It did not say how much of a ransom
it is demanding.
The proposed class action, brought by Salisbury resident Gary
Cabozzi, alleges negligence and breach of implied contract and good
faith by the hospital for failing to protect data. It seeks $5.4
million, or $200 each, in damages for an assumed class of 27,000
plaintiffs. However, according to the lawsuit, the actual number of
individuals who have had their data exposed is unknown at this time
and could be many more given the size of the hospital.
The complaint also seeks court orders for the hospital to improve
its data security systems.
The complaint criticizes the hospital for "concealing the existence
and extent of the data breach for an unreasonable duration of time"
and allegedly failing to provide accurate notice of the data
breach. The hospital has still not notified its own clientele about
the data breach, the lawsuit claims.
On January 5, the hospital said that if it finds that data has been
impacted by this incident, it will send all required notifications
in accordance with state and federal laws to patients, vendors, and
impacted parties.
Cabozzi complains that he only learned about the cyber incident
from local news reports.
Unknown Number
The data that could have been exposed or stolen include personal
health information such as medical records and history, test
results, procedure descriptions, diagnoses, and personal or family
medical histories, the complaint says.
The suit also claims personally identifiable information (PII) such
as Social Security numbers, passport numbers, driver's license
numbers, and financial account numbers could have been breached.
Some of the data is "highly sensitive and presents a high risk of
identity theft or fraud" and it is "likely" that some of the
information that has been exposed has already been misused, the
lawsuit claims.
According to the Newburyport Daily News, which first reported the
incident, the hospital said on January 2 -- more than a week after
the event -- that it was still working with external cybersecurity
officials to restore information systems affected by the attack.
The hospital spokesperson told the local newspaper that the FBI is
conducting its own investigation.
The hospital, with more than 1,000 employees, is the largest
employer in the small coastal city that is north of Boston and
close to the New Hampshire border.
As a result of a merger in 2019, Anna Jaques is clinically
affiliated with Beth Israel Deaconess Medical Center, a Boston
academic medical center and teaching hospital of Harvard Medical
School.
The suit seeking class action status was filed in Massachusetts
Superior Court for Essex County by two lawyers, one from
Connecticut, the other from Puerto Rico.
Hospital Attacks
The Anna Jaques incident is the latest in a series of attacks on
hospitals.
Last November, a ransomware attack prompted a Nashville-based
healthcare chain that operates 30 hospitals in six states to divert
patients to other hospitals and pause certain elective procedures.
Ardent Health Services owns and operates 30 hospitals and more than
200 care sites in Oklahoma, Texas, New Jersey, New Mexico, Idaho
and Kansas.
In October, two New York hospitals that were hit with a cyberattack
had to shut down their computer systems to investigate.
In August, hospitals and clinics in several states run by Prospect
Medical Holdings were forced to shut down some primary care,
emergency rooms and ambulance services while recovering from a
cyberattack. Prospect, which is based in California, has hospitals
and clinics there and in Texas, Connecticut, Rhode Island and
Pennsylvania. [GN]
APPLE INC: Sent Out Class Action Settlement Payments in Penn.
-------------------------------------------------------------
WGME reports that a number of CBS13 viewers got an unexpected check
in the mail this week. The checks, which are for $92.17, were sent
by an organization called "Re Apple Inc Device Performance
Litigation" and have a Philadelphia, PA address. While that long
name may seem suspicious, the I-Team found it is a legitimate
organization and the checks are safe to cash.
The payments come from a class-action lawsuit that was filed
against Apple in 2020. It alleged the company intentionally slowed
down the performance and battery life of some older iPhones through
software updates. Apple did not admit liability or wrongdoing as
part of the settlement.
Those who recently received checks in the mail likely submitted a
claim in 2020 to be part of the lawsuit.
These types of class-action suits take time to litigate and the
settlement wasn't fully reached until November of 2023.
According to the law firms involved, payments started going out on
a rolling basis this month. More than 2,000,000 consumers filed
claims to be involved in the suit.
As part of the settlement, Apple agreed to pay a minimum payment
$310,000,000 and a maximum payment of up to $500,000,000, depending
on the number of claims submitted. [GN]
ARCHIPELAGO GROUP: Sookul Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Archipelago Group
LLC. The case is styled as Sanjay Sookul, on behalf of himself and
all others similarly situated v. Archipelago Group LLC, Case No.
1:24-cv-00321 (S.D.N.Y., Jan. 16, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Archipelago Group LLC -- https://archipelagogrp.com/ -- was
founded in 2008. The company's line of business includes Schools
offering miscellaneous educational courses and services.[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
ATH HOLDINGS LLC: Newman Files Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against ATH Holdings LLC, et
al. The case is styled as Joel Newman, individually and on behalf
of all others similarly situated v. ATH Holdings LLC, ATH NY CM LLC
doing business as: Artechouse, Case No. 1:24-cv-00332-PKC
(S.D.N.Y., Jan. 16, 2024).
The nature of suit is stated as Other Fraud.
ATH Holding Company, LLC operates as an insurance company. The
Company provides accidental, health, dental and life insurance
policy.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
225 Broadway, Ste. 39th Floor
New York, NY 10007
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
AUTOZONERS LLC: Underpays Store Managers, Tolentino Suit Alleges
----------------------------------------------------------------
Brian Kelvin J. Tolentino, individually and on behalf of all others
similarly situated, Plaintiff v. William C. Rhodes III and
AutoZoners, LLC, DOES 1 to 20, inclusive, Defendants, Case No.
24STCV01373 (Cal. Super., Los Angeles Cty., January 18, 2024) is a
class action against the Defendants for violations of California
Labor Code including failure to properly pay wages for all hours
worked, failure to pay overtime wages, failure to pay all wages due
and owing, failure to pay all wages due upon termination, failure
to provide rest periods or compensate in lieu thereof, failure to
provide meal periods or compensate in lieu thereof, failure to
provide accurate wage statements, and failure to maintain accurate
time records.
The Plaintiff worked for the Defendants as a store manager at the
AutoZone located in Los Angeles, California from March 12, 2019
until October 12, 2022.
AutoZoners, LLC is an automotive parts seller doing business in Los
Angeles, California. [BN]
The Plaintiff is represented by:
Mac E. Nehoray, Esq.
Kambiz Drake, Esq.
SOUTHERN CALIFORNIA ATTORNEYS, APC
24007 Ventura Boulevard, Suite 200
Calabasas, CA 91302
Telephone: (818) 222-2227
- and –
Thomas Wheeler, Esq.
213 North Glendale Ave. #1188
Glendale, CA 91206
Telephone: (213) 342-4243
E-mail: tom@twheelerlaw.com
BAKERSFIELD AUTO: Murbach Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Bakersfield Auto
Group, LLC. The case is styled as David B. Murbach, on behalf of
all persons similarly situated v. Bakersfield Auto Group, LLC, Case
No. BCV-24-100168 (Cal. Super. Ct., Kern Cty., Jan. 17, 2024).
The case type is stated as "Other Employment - Civil Unlimited."
Bakersfield Hyundai -- https://www.bakersfieldhyundai.com/ -- is a
new and used Hyundai dealership in California.[BN]
The Plaintiff is represented by:
Matthew March Blum, Esq.
THE LAW OFFICE OF MATT BLUM
550 W. C. St., Ste. 960
San Diego, CA 92101-8569
Phone: 860-271-6273
Fax: 619-238-1351
Email: mblumlaw@gmail.com
BETTER BOOCH INC: Morgan Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Better Booch Inc. The
case is styled as Paradise Morgan, individually and as the
representative of a class of similarly situated persons v. Better
Booch Inc., Case No. 1:24-cv-00312-JGK (S.D.N.Y., Jan. 16, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Better Booch -- http://betterbooch.com/-- is premium small craft
kombucha that is brewed and canned in downtown Los Angeles.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
BLABLA LLC: Website Inaccessible to Blind, Wahab Class Suit Alleges
-------------------------------------------------------------------
ANGELA WAHAB, on behalf of herself and all others similarly
situated v. BLABLA, LLC, Case No. 1:24-cv-00377 (S.D.N.Y., Jan. 18,
2023) is a class action suit against the Defendant for failing to
design, construct, maintain, and operate its website,
www.blablakids.com to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
people, in violation of the Americans with Disabilities Act.
The Plaintiff was injured when the Plaintiff attempted on December
17, 2023 and again on December 22, 2023 to access the Defendant's
Website from the Plaintiff's home in an effort to shop for the
Defendant's products, but encountered barriers that denied the full
and equal access to the Defendant's online goods, content, and
services, the suit asserts.
Specifically, the Plaintiff wanted to purchase the Toulouse the Red
Panda. Despite the Plaintiff's efforts, however, the Plaintiff was
denied a shopping experience similar to that of a sighted
individual due to the website's lack of a variety of features and
accommodations, which effectively barred the Plaintiff from having
an unimpeded shopping experience, the suit claims.
Due to the inaccessibility of the Defendant's Website, blind and
visually-impaired customers such as the Plaintiff, who need
screen-readers, cannot fully and equally use or enjoy the
facilities, products, and services the Defendant offers to the
public on the Website.
The Plaintiff is a visually-impaired and legally blind person, who
cannot use a computer without the assistance of screen-reading
software. The Plaintiff is, however, a proficient NVDA
screen-reader user and uses it to access the Internet.
The Defendant is a company that owns and operates the Website,
offering hand-knit dolls and toys.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: mrozenberg@steinsakslegal.com
BROWN SECURITY: Nikolich Sues Over Unpaid Overtime Wages
--------------------------------------------------------
Michael Nikolich and Aaron Sponaugle, individually and on behalf of
others similarly situated v. BROWN SECURITY & LEO MANAGEMENT, INC.
d/b/a SOUTHERN PROTECTION AGENCY, Case No. 3:24-cv-00006-TCB (N.D.
Ga., Jan. 17, 2024), is brought for unpaid overtime, unpaid wages,
liquidated damages, attorneys' fees, costs and other relief for
violations of the Fair Labor Standards Act ("FLSA") and the North
Carolina Wage and Hour Act ("NCWHA").
The Defendant has suffered and permitted Plaintiffs, the Rule 23
Class and the FLSA Collective to regularly work more than 40 hours
in a workweek. the Defendant has also suffered and permitted the
FLSA Collective and the Rule 23 Class to regularly work more than
40 hours in a workweek without overtime pay. Defendant also
implemented and maintained a companywide policy and practice
requiring its employees, including Plaintiffs, the Rule 23 Class
and the FLSA Collective, to attend mandatory training as a
condition of continued employment, without pay.
The Plaintiffs, the FLSA Collective and the Rule 23 Class were not
compensated in accordance with the FLSA and/or the NCHWA because
they were not paid wages for time spent in mandatory training or
proper overtime wages for all hours worked in excess of 40 hours
per workweek. Defendant knowingly, willfully, or in reckless
disregard of the law, maintained an illegal practice of not paying
all overtime compensation owed and failed to pay wages for
participation in mandatory training to Plaintiffs, the Rule 23
Class and the FLSA Collective, says the complaint.
The Plaintiff was employed by Defendant from August 22, 2023 to the
present as a security guard.
The Defendant provides security services to "hotels, retail
businesses including, malls, private events, residential and
gated/gold communities, homeowners associations (HOA), property
owners' associations (POA) as well as high rises."[BN]
The Plaintiff is represented by:
Jermaine "Jay" A. Walker, Esq.
HKM EMPLOYMENT ATTORNEYS, LLP
3344 Peachtree Road NE, Suite 800 (Office #35)
Atlanta, GA 30326
Phone: (404)301-4020
Email: jwalker@hkm.com
- and -
Philip Bohrer, Esq.
Scott E. Brady, Esq.
BOHRER BRADY, LLC
8712 Jefferson Highway, Suite B
Baton Rouge, LA 70809
Phone: (225) 925-5297
Facsimile: (225) 231-7000
Email: phil@bohrerbrady.com
scott@bohrerbrady.com
CAMINO NATURAL: Monarch Minerals Files Suit in D. Colorado
----------------------------------------------------------
A class action lawsuit has been filed against Camino Natural
Resources, LLC. The case is styled as Monarch Minerals, LLC, on
behalf of itself and all others similarly situated v. Camino
Natural Resources, LLC, Case No. 1:24-cv-00125-SBP (D. Colo., Jan.
16, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Camino Natural Resources, LLC -- https://www.caminoresources.com/
-- is an independent oil and natural gas company operating in the
core of the SCOOP and Merge plays of Central Oklahoma.[BN]
The Plaintiff is represented by:
Rex A. Sharp, Esq.
SHARP LAW LLP
4820 West 75th Street
Prairie Village, KS 66208
Phone: (913) 901-0505
Email: rsharp@midwest-law.com
CHAR-BROIL LLC: Martin Suit Removed to C.D. California
------------------------------------------------------
The case captioned as Ruth Martin, individually and on behalf of
all others similarly situated v. CHAR-BROIL, LLC, a Georgia entity
d/b/a WWW.CHARBROIL.COM, Case No. 23STCV29333 was removed from the
Superior Court of the State of California, County of Los Angeles,
to the U.S. District Court for the Central District of California
on Jan. 16, 2024, and assigned Case No. 2:24-cv-00395.
The Complaint alleges that Char-Broil "deployed pen register
software on its website to access Plaintiff's device, install
tracking software, and obtain Plaintiff's IP address" in violation
of the California Invasion of Privacy Act ("CIPA").[BN]
The Defendants are represented by:
Joel D. Siegel, Esq.
Kelly R. Graf, Esq.
Pooja L. Shah, Esq.
DENTONS US LLP
601 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5704
Phone: (213) 623-9300
Fax: (213) 623-9924
Email: joel.siegel@dentons.com
kelly.graf@dentons.com
pooja.l.shah@dentons.com
CITRIX SYSTEMS: Faces Class Action Lawsuit Over Data Breaches
-------------------------------------------------------------
Abraham Jewett, writing for Top Class Action, reports that Raymond
Goodrow filed a class action lawsuit against Citrix Systems Inc.
and Comcast Cable Communications LLC.
Why: Goodrow claims Comcast failed to protect the personally
identifiable information of its customers during an October 2023
data breach that occurred after a vulnerability was exploited in a
Citrix software product.
Where: The class action lawsuit was filed in Florida federal court.
Comcast failed to adequately secure and protect the personally
identifiable information (PII) of consumers during a data breach
that occurred in October 2023, a new class action lawsuit alleges.
Plaintiff Raymond Goodrow's class action lawsuit claims the Comcast
data breach exposed consumers' names, mailing addresses, telephone
numbers, birthdates, partial Social Security numbers, usernames and
encrypted passwords, among other things
Goodrow argues Comcast has the resources to "take seriously the
‘obligation' to protect the PII of its customers, yet allegedly
"failed to invest the time or resources necessary" to safeguard the
information.
"Plaintiff and Class Members entrusted their PII to Defendants,
their officials, and agents," the Comcast class action says. "That
PII was subsequently compromised, unlawfully accessed, and stolen
due to the Data Breach."
Goodrow wants to represent a nationwide class of consumers who had
their PII compromised as a result of the Comcast data breach, which
took place on or around Oct. 10, 2023 and was reported by Xfinity
in December 2023.
Comcast data breach caused by vulnerability exploitation in Citrix
software product, class action lawsuit says.
Multinational cloud computing and virtualization technology company
Citrix is also named as a defendant in the class action lawsuit. A
vulnerability in Citrix's software product, which is used by
Comcast and others, is the cause of the data breach, according to
the Comcast class action.
"On October 10, 2023, Citrix announced the vulnerability in the
software product used by Comcast and thousands of other companies,
known as the ‘Citrix Bleed' vulnerability, which has been
exploited by ransomware cybercriminals," the Comcast class action
states.
Goodrow claims Comcast and Citrix are guilty of unjust enrichment,
breach of implied contract and negligence, with Citrix also accused
of breach of third-party beneficiary contract.
The plaintiff is demanding a jury trial and requesting declaratory
and injunctive relief along with an award of damages for himself
and all class members.
The class action lawsuit is only the latest to be filed against
Comcast in the wake of the data breach, with a trio of complaints
previously filed in Pennsylvania federal court.
The plaintiffs are represented by Jeff Ostrow and Steven Sukert of
Kopelowitz Ostrow Ferguson Weiselberg Gilbert and Alan M. Feldman,
Zachary Arbitman and Samuel Mukiibi of Feldman Shepherd
Wohlgelernter Tanner Weinstock & Dodig, LLP. [GN]
COMMUNITY HEALTH CARE: Pollard Files Suit in D. New Jersey
----------------------------------------------------------
A class action lawsuit has been filed against Community Health
Care, Inc., et al. The case is styled as Marlon Pollard,
individually and on behalf of all others similarly situated v.
Community Health Care, Inc. d/b/a Completecare Health Network, Case
No. 1:24-cv-00305 (D.N.J., Jan. 18, 2024).
The nature of suit is stated as Other Contract.
Community Health Care, Inc. -- https://www.commhealth.org/ --
provide the highest quality health care with compassionate and
accessible service for all.[BN]
The Plaintiff is represented by:
Kevin Laukaitis, Esq.
LAUKAITIS LAW FIRM LLC
954 Avenida Ponce De Leon, Suite 205, #10518
San Juan, PR 00907
Phone: (215) 789-4462
Email: klaukaitis@ecf.courtdrive.com
CONCENTRA HEALTH: Ruiz-Velasco Suit Removed to C.D. California
--------------------------------------------------------------
The case captioned as Luis Ruiz-Velasco, individually, and on
behalf of other members of the general public similarly situated v.
CONCENTRA HEALTH SERVICES, INC., a Nevada corporation; and DOES 1
through 100, inclusive,, Case No. 23STCV24439 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. 15, 2023, and assigned Case No. 2:23-cv-10537.
The Action asserts claims for: Failure to Pay Overtime Wages;
Failure to Provide Meal Periods or Pay Meal Period Premiums;
Failure to Permit Rest Periods or Pay Rest Period Premiums; Failure
to Pay Minimum Wages; Waiting Time Penalties; Failure to Timely Pay
Wages During Employment; Knowing and Intentional Failure to Provide
Accurate Itemized Wage Statements; Failure To Keep Requisite
Payroll Records; Failure to Reimburse Business Expenses; and
Violations of the Unfair Competition Law.[BN]
The Defendants are represented by:
Jared L. Palmer, Esq.
Carolyn B. Hall, Esq.
Jenny J. Liao, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Embarcadero Center, Suite 900
San Francisco, CA 94111
Phone: 415-442-4810
Facsimile: 415-442-4870
Email: jared.palmer@ogletree.com
carolyn.hall@ogletree.com
jenny.liao@ogletree.com
- and -
Alexander M. Chemers, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213-239-9800
Facsimile: 213-239-9045
Email: alexander.chemers@ogletree.com
CONSOLIDATED EDISON: Adams Sues Over Unpaid Overtime Wages
----------------------------------------------------------
Melissa Adams, Sara Akpoke, Aisha Arcangel, Stephanie Collado,
Nicholas Leath, Cymba Melville, Othniel Pope, Chiara Rivera,
Cynthia Singh, and Shay-La Winns, on behalf of themselves and all
others similarly situated v. CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC., Case Bo. 601040/2024 (Jan. 18, 2024), is brought for
unpaid wages and overtime wages for Plaintiffs and similarly
situated individuals who work or worked for Defendant and to remedy
violations of the NYLL and Fair Labor Standards Act ("FLSA").
Throughout their employment with Defendant, Plaintiffs and Class
Members performed work before their shifts without compensation
during regular and overtime hours with Defendant's knowledge.
Defendant has intentionally, willfully, and repeatedly engaged in a
pattern, practice, and/or policy of violating the FLSA with respect
to the Plaintiffs and Class Members including failing to pay for
all time and overtime worked and failing to keep accurate records
of time and overtime worked, says the complaint.
The Plaintiff was employed by the Defendant as a Customer Service
Representative.
The Defendant does business in New York.[BN]
The Plaintiff is represented by:
Michael Palitz, Esq.
SHAVITZ LAW GROUP, P.A.
477 Madison Ave., 6th Floor
New York, NY 10022
Phone: (800) 616-4000
Facsimile: (561) 447-8831
Email: mpalitz@shavitzlaw.com
CREDIT UNION: Plaintiffs Lose Class Certification Bid
-----------------------------------------------------
In the class action lawsuit captioned as BRENDA L. LUCERO, HEATHER
BARTON, ILONA KOMPANIIETS, and CYNTHIA HURTADO, individually and on
behalf of all others similarly situated, v. CREDIT UNION RETIREMENT
PLAN ASSOCIATION, THE BOARD OF DIRECTORS OF THE CREDIT UNION
RETIREMENT PLAN ASSOCIATION, THE BOARD OF TRUSTEES OF RETIREMENT
PLANS, THE PLAN ADMINISTRATIVE COMMITTEE, and JOHN DOES 1-30, Case
No. 3:22-cv-00208-jdp (W.D. Wis.), the Hon. Judge James D. Peterson
entered an order denying the Plaintiffs' motion for class
certification:
All persons, except the Defendants and their immediate family
members, who were participants in or beneficiaries of the Credit
Union Retirement Plan Association 401(k) Plan, at any time
between
April 12, 2016, through the date of judgment."
The Defendants say there were still fee differences among
participants of different employers, but they don't say what the
differences were or how significant they were, making it impossible
to determine whether the court could certify a class of all plan
participants on a claim challenging the new method.
The Plaintiffs do not address the issue at all. But even if the
court assumes that there wouldn’t be significant differences in
the claims of individuals who participated in the plan from 2021 to
the present, the court could not certify such a class because none
of the plaintiffs would be a member of it.
The Plaintiffs contend that several entities involved in
administering the plan failed to control recordkeeping costs and
thus breached their fiduciary duties under the Employee Retirement
Income Security Act (ERISA). Plaintiffs move to certify a class of
nearly all individuals who have participated in the plan since
2016.
The Plaintiffs identify two class claims: (1) the board of trustees
and the plan committee failed to prudently manage the plan's
recordkeeping and administration costs; and (2) the plan
association and the board of directors failed to adequately monitor
the other defendants.
A copy of the Court's opinion and order dated Jan. 9, 2024 is
available from PacerMonitor.com at https://bit.ly/3S3gPdr at no
extra charge.[CC]
CRESTVIEW LANDSCAPE: Trujillo Sues Over Unpaid Overtime Wages
-------------------------------------------------------------
Juan Horacio Ruiz Trujillo, an individual, on behalf of himself and
all others similarly situated v. CRESTVIEW LANDSCAPE INC., a
California Corporation; AGUSTIN BUCIO, an individual; GARRETT
YOUNG, an individual; and DOES 1 to 100, inclusive; Case No.
24STCV01239 (Cal. Super. Ct., Los Angeles Cty., Jan. 17, 2024), is
brought for wage and labor violations arising out of, among other
things, failure to pay wages, pay overtime, and provide meal and
rest breaks to its employees.
The Defendants misclassified their employees as independent
contractors; Defendants failed to pay for all time worked every pay
period, specifically including required minimum wages and daily
overtime; failed to provide off-duty meal and rest periods to its
employees in accordance with the California Labor Code and
applicable Industrial Wage Order; failed to pay its employees one
hour of pay at their regular rate of compensation for each instance
that Defendants failed to provide statutorily mandated rest periods
and off-duty meal periods; unlawfully deducted business expenses
from its employees' paychecks; failed to reimburse for reasonable
work-related expenses; and for penalties arising from Defendants
issuing to its employees inaccurate and nonexistent wage
statements, says the complaint.
The Plaintiff was employed by the Defendant as a gardener,
landscaper and general laborer between April 2022 and December 13,
2023.
The Defendants operate a curated food delivery service.[BN]
The Plaintiff is represented by:
Sarkis Sirmabekian, Esq.
SIRMABEKIAN LAW FIRM, PC
3435 Wilshire Blvd., Suite 1710
Los Angeles, CA 90010
Phone: (818) 473-5003
Facsimile: (818) 476-5619
Email: contact@slawla.com
DAVE'S KILLER: May 7 Class Cert Hearing Extension Sought in Swartz
------------------------------------------------------------------
In the class action lawsuit captioned as DAVID SWARTZ, v. DAVE'S
KILLER BREAD, INC. and FLOWERS FOODS, INC., Case No.
4:21-cv-10053-YGR (N.D. Cal.), the Defendants asks the Court to
enter an order granting motion for briefing and hearing schedule:
Event/Deadline Current Extended
Deadline Deadline
Defendants' Opposition to Class Feb. 5, 2024 Feb. 29,
2024
Certification with Expert Reports
Plaintiff's Reply in Support of Mar. 15, 2024 Apr. 8, 2024
Motion for Class Certification
Close of expert discovery Apr. 1, 2024 Apr. 25,
2024
Hearing on Class Certification Apr. 9, 2024 May 7, 2024
This putative class action involves allegations that certain Dave's
Killer Bread bakery products were improperly labeled because some
of those products did not include a percent daily value (%DV) for
protein in the Nutrition Facts Panel.
The case has proceeded under the case management schedule entered
by the Court in February 2023.
Dave's is an American brand of organic whole-grain products.
A copy of the Defendants' motion dated Jan. 8, 2024 is available
from PacerMonitor.com at https://bit.ly/47D9bfy at no extra
charge.[CC]
The Defendants are represented by:
Quyen L. Ta, Esq.
Livia M. Kiser, Esq.
Michael L. Resch, Esq.
Samuel R. Diamant, Esq.
KING & SPALDING LLP
50 California Street, Suite 3300
San Francisco, CA 94111
Telephone: (415 318-1200
Facsimile: (415) 318-1300
E-mail: qta@kslaw.com
lkiser@kslaw.com
mresch@kslaw.com
sdiamant@kslaw.com
DELTA AIR LINES: Empson Files Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Delta Air Lines, Inc.
The case is styled as Jalen Empson, on behalf of himself and all
others similarly situated v. Delta Air Lines, Inc., Case No.
1:23-cv-10896-DLC (S.D.N.Y., Dec. 15, 2023).
The nature of suit is stated as Other Contract for Breach of
Contract.
Delta Air Lines -- https://www.delta.com/ -- is one of the major
airlines of the United States and a legacy carrier headquartered in
Atlanta, Georgia.[BN]
The Plaintiff is represented by:
Olimpio Lee Squitieri, Esq.
SQUITIERI & FEARON, LLP
305 Broadway, Ste. 7th Floor
New York, NY 10007
Phone: (212) 421-6492
Fax: (212) 421-6553
Email: lee@sfclasslaw.com
DELTA COUNTY, TX: Class Certification Order Entered in Taylor Suit
------------------------------------------------------------------
In the class action lawsuit captioned as PATRICK ANDRE TAYLOR II &
TITUS WILEY, on behalf of themselves and all others similarly
situated, v. DELTA COUNTY, FORMER SHERIFF RICKY SMITH, SHERIFF
CHARLA SINGLETON, COUNTY ATTORNEY JAY GARRETT, COUNTY JUDGE JASON
MURRAY, and ZACH WILLIAMSON, Case No. 4:22-cv-00250-ALM (E.D.
Tex.), the Hon. Judge Amos L. Mazzant entered an order on
Plaintiffs' Opposed Motion for Class Certification:
-- The Court orders supplemental briefing so the parties may
clarify
their positions on this requirement to the Court.
-- The Plaintiffs submit supplemental briefing as to the
numerosity
and superiority requirements for class certification under
Federal
Rules of Civil Procedure 23(a) and 23(b)(3) on or before
January
23, 2024.
The Plaintiffs claim the class size "is approximately 60 members."
The Defendants claim the class size is "approximately six persons
in addition to Mr. Taylor." After review of the evidence provided
by the parties, the Court cannot yet reach a determination with
regard to numerosity.
Delta County is a county in the Upper Peninsula in the U.S. state
of Michigan.
A copy of the Court's order dated Jan. 9, 2024 is available from
PacerMonitor.com at https://bit.ly/47Dznqn at no extra charge.[CC]
DIPPIN DOTS LLC: Gomberg Files ADA Suit in E.D. Pennsylvania
------------------------------------------------------------
A class action lawsuit has been filed against Dippin Dots, LLC. The
case is styled as Matthew Gomberg, on behalf of himself and all
others similarly situated v. Dippin Dots, LLC, Case No.
2:24-cv-00214 (E.D. Pa., Jan. 17, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Dippin' Dots -- http://www.dippindots.com/-- is an ice cream snack
invented by Curt Jones in 198.[BN]
The Plaintiff appears pro se.
DUNKIN DONUTS: Sued Over Unfair Non-Dairy Alternatives Surcharges
-----------------------------------------------------------------
Greg Norman, writing for FOXBusiness, reports that Dunkin' is
facing a class action lawsuit asking for at least $5 million in
damages from a group of plaintiffs accusing the coffee giant of
discriminating against customers who suffer from lactose
intolerance and milk allergies by charging them extra for non-diary
alternatives.
The 25-page lawsuit, filed in U.S. District Court in Northern
California, says when the plaintiffs visited Dunkin' coffee shops,
they "ordered drinks that included milk as part of the regular menu
item" and were charged up to $2.15 for them to be made with
non-dairy alternatives, "specifically soy, oat, coconut, or almond
‘milk.'"
It continues to say that Dunkin' will modify its "regular beverage
offerings to remove caffeine or make caffeine-free beverages at no
additional charge for persons with a variety of conditions,
including hypertension," and will alter the sugar content of drinks
"for those persons with diabetes or who need to control weight."
"Dunkin' advises customers to inform the 'server' if there is a
food allergy and informs them that their products may contain or
may have come in contact with allergens," the lawsuit states.
"However, they only accommodate those with lactose intolerance or
allergies to milk by imposing a surcharge."
The lawsuit claims those conditions are disabilities and by
charging more for drinks with non-dairy alternatives, Dunkin's
"conduct violates the Americans with Disabilities Act" and other
state anti-discrimination laws.
Dunkin' did not immediately respond to a request for comment from
FOX Business.
The lawsuit, obtained and posted by the website ClassAction.org,
was filed on behalf of 10 plaintiffs in various states and says
they have been ordering drinks from Dunkin' from at least 2018 to
the present.
It says they will "suffer adverse health effects if they ingest
milk or milk-containing products, including stomach pain, digestive
tract inflammation, bloating, bowel irregularities and vomiting."
At one point, the filing says Dunkin's revenue in 2021 exceeded
$1.4 billion and, "Because of its size, Dunkin has the power to
control the manufacturing costs for Non-Dairy Alternatives."
"Plaintiffs . . . seek declaratory and injunctive relief to ensure
that Defendant charges the same price to lactose intolerant
customers and customers with milk allergies for the same menu items
as regular customers and that it does not add a Surcharge for
Non-Dairy Alternatives such as soy, almond, coconut, oat, or other
lactose-free "milk," the lawsuit also says. [GN]
DYCK-O'NEAL INC: Hernandez Seeks Extension of Class Cert Deadline
-----------------------------------------------------------------
In the class action lawsuit captioned as FREDIS ANTONIO HERNANDEZ,
on behalf of himself and all similarly situated individuals, v.
DYCK-O'NEAL, INC., Case No. 1:23-cv-01029-AJT-IDD (E.D. Va.), the
Plaintiff asks the Court to enter an order granting motion for an
enlargement of the discovery cutoff and class certification
deadline and a continuance of the final pretrial conference for the
reasons set forth in the contemporaneously-filed memorandum of law.
Dyck-O'Neal is a debt collector based on mortgage insurance,
banking, legal and real estate.
A copy of the Plaintiff's motion dated Jan. 8, 2024 is available
from PacerMonitor.com at https://bit.ly/47M2ZCg at no extra
charge.[CC]
The Plaintiff is represented by:
Kristi Cahoon Kelly, Esq.
Andrew Joseph Guzzo, Esq.
Casey S. Nash, Esq.
J. Patrick McNichol, Esq.
Matthew Rosendahl, Esq.
KELLY GUZZO, PLC
3925 Chain Bridge, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7572
Facsimile: (703) 591-0167
E-mail: kkelly@kellyguzzo.com
aguzzo@kellyguzzo.com
casey@kellyguzzo.com
pat@kellyguzzo.com
matt@kellyguzzo.com
EMPIRE STATE REALTY: Newman Files Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Empire State Realty
Trust, Inc., et al. The case is styled as Joel Newman, individually
and on behalf of all others similarly situated v. Empire State
Realty Trust, Inc., ESRT Observatory TRS, LLC, Case No.
1:24-cv-00333-VSB (S.D.N.Y., Jan. 16, 2024).
The nature of suit is stated as Other Fraud.
Empire State Realty Trust -- https://www.esrtreit.com/ -- is a
self-managed REIT that operates a portfolio of office, retail, and
multifamily properties within Manhattan and the greater New York
metropolitan area – including the Empire State Building, the
World's Most Famous Building.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
225 Broadway, Ste. 39th Floor
New York, NY 10007
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
FALCK MOBILE HEALTH: Rose Suit Removed to S.D. California
---------------------------------------------------------
The case captioned as Lisa Deanne Rose, individually, and on behalf
of all others similarly situated v. FALCK MOBILE HEALTH CORP., a
California corporation; and DOES 1 through 10, inclusive, Case No.
37-2023-00042277 was removed from the Superior Court of the State
of California in and for the County of San Diego, to the U.S.
District Court for the Southern District of California on Jan. 18,
2024, and assigned Case No. 3:24-cv-00124-RSH-AHG.
The Plaintiff's Complaint seeks to represent: "All persons who
worked for any Defendant in California as an hourly-paid or
non-exempt employee at any time during the period beginning four
years and 178 days before the filing of the initial complaint in
this action and ending when notice to the Class is sent." At
minimum, Plaintiff seeks to represent all non-exempt individuals in
the San Diego operation ("the Putative Class"), comprised of at
least 99% union members.[BN]
The Defendants are represented by:
Nisha Verma, Esq.
DORSEY & WHITNEY LLP
600 Anton Boulevard, Suite 2000
Costa Mesa, CA 92626
Phone: (714) 800-1400
Facsimile: (714) 800-1499
Email: verma.nisha@dorsey.com
FEDEX FREIGHT: Filing of Class Cert. Bid Continued to March 11
--------------------------------------------------------------
In the class action lawsuit captioned as SEANDEE GAYDEN, an
individual, on behalf of herself and on behalf of all persons
similarly situated, v. FEDEX FREIGHT, INC., a Corporation; and DOES
1 through 50, inclusive, Case No. 2:23-cv-06560-MCS-AS (C.D. Cal.),
the Hon. Judge Mark C. Scarsi entered an order as follows:
1. The Plaintiff is granted leave to file the First Amended
Complaint which was attached to the Parties' Stipulation as
Exhibit 1 within three days;
2. The Defendant shall timely respond to the FAC pursuant to the
deadlines established by the Federal Rules of Civil Procedure
upon service of the FAC;
3. The current February 11, 2024 Deadline to File a Motion for
Class Certification is continued to March 11, 2024;
4. The Deadline to File an Opposition to the Motion for Class
Certification is continued from March 4, 2024 to April 1,
2024;
5. The Deadline to File a Reply in Support of the Motion for
Class
Certification is continued from March 25, 2024 to April 22,
2024; and
6. The Hearing Date on the Motion for Class Certification is
continued from April 15, 2024 at 9:00 a.m. to May 13, 2024,
at
9:00 a.m.
FedEx provides delivery and transportation services.
A copy of the Court's order dated Jan. 8, 2024 is available from
PacerMonitor.com at https://bit.ly/4b1blJ2 at no extra charge.[CC]
FIRST AMERICAN: Court Unseals Improperly Filed Documents
--------------------------------------------------------
In the class action lawsuit captioned as MARCIA KIMBLE, v. FIRST
AMERICAN HOME WARRANTY CORP. and FIVESTRATA LLC, Case No.
2:23-cv-10037-DML-EAS (E.D. Mich.), the Hon. Judge David M. Lawson
entered an order unsealing improper filing.
The Court therefore will unseal the document. Accordingly, it is
ordered that the Clerk of Court shall unseal the plaintiff's motion
for preliminary approval of class settlement.
On Oct. 18, 2023, the plaintiff filed a motion for preliminary
approval of class settlement.
The motion appears to have been filed under seal. This was improper
as the filing of materials under seal in this case is governed by
E.D. Mich. LR 5.3 and the parties' stipulated protective order.
Both require leave of Court before a party may docket a submission
under seal. The record does not reflect any request to seal the
motion for preliminary approval of class settlement.
First American provides home warranty products and services.
A copy of the Court's order dated Jan. 9, 2024 is available from
PacerMonitor.com at https://bit.ly/421J152 at no extra charge.[CC]
FLAMINGO ESTATES: Morgan Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Flamingo Estates
Organic, Inc. The case is styled as Paradise Morgan, individually
and as the representative of a class of similarly situated persons
v. Flamingo Estates Organic, Inc., Case No. 1:23-cv-10913
(S.D.N.Y., Dec. 15, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Flamingo Estate -- https://flamingoestate.com/ -- is a place to
experience nature with products to buy offline or online.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
FROM SPAIN INC: Karim Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against From Spain, Inc. The
case is styled as Jessica Karim, on behalf of herself and all
others similarly situated v. From Spain, Inc., Case No.
1:24-cv-00303-JLR (S.D.N.Y., Jan. 16, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
From Spain, Inc. -- https://fromspain.com/ -- offers traditional
hand-painted ceramics, paella supplies and gifts from Spain.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
GEV WIND POWER: Nichols Sues Over Failure to Pay Overtime Wages
---------------------------------------------------------------
Arlo Nichols, and all others similarly situated v. GEV WIND POWER
U.S., LLC, Case No. 4:24-cv-00053-O (N.D. Tex., Jan. 16, 2024), is
brought under the Fair Labor Standards Act (the "FLSA") seeking
damages for Defendant's failure to pay Plaintiff time and one-half
the regular rate of pay for all hours worked over forty during each
workweek.
Although Plaintiff and putative Collective Action Members worked
more than forty hours each week, Defendant required Plaintiff and
putative Collective Action Members to travel to clients' wind farm
sites across the country by air or truck. Defendant classified such
travel time as "mobilization and demobilization" time, which is
paid only at straight time under Defendant's compensation
structure. Defendant did not pay Plaintiff and putative Collective
Action Members overtime premium pay at the rate of time and
one-half their respective regular rates of pay for all hours over
forty in the workweek because Defendant failed to count
mobilization and demobilization time as hours worked for purposes
of determining overtime compensation, says the complaint.
The Plaintiff was employed by the Defendants as a Composite
Technician Level II.
The Defendant provides wind turbine maintenance, inspection, fabric
and tower services to owner operators, utilities, and all major
turbine original equipment manufacturers across the globe.[BN]
The Plaintiff is represented by:
Brandon C. Callahan, Esq.
Fernando M. Bustos, Esq.
Matthew N. Zimmerman, Esq.
Benjamin E. Casey, Esq.
BUSTOS LAW FIRM, P.C.
P.O. Box 1980
Lubbock, TX 79408-1980
Phone: (806) 780-3976
Fax (806) 780-3800
Email: bcallahan@bustoslawfirm.com
fbustos@bustoslawfirm.com
mzimmerman@butsoslawfirm.com
bcasey@bustoslawfirm.com
GNC HOLDINGS LLC: Jackson Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against GNC Holdings LLC, et
al. The case is styled as Rahmeez Jackson, on behalf of himself,
and on behalf of all persons similarly situated v. GNC Holdings
LLC, et al., Case No. 24CV000627 (Cal. Super. Ct., Sacramento Cty.,
Jan. 16, 2024).
GNC Holdings, LLC -- http://www.gnc.com/-- is a retail company
based in Pittsburgh, Pennsylvania. It specializes in health and
nutrition related products, including vitamins, supplements,
minerals, herbs, sports nutrition, diet, and energy products.[BN]
GREYHOUND LINES: Class Discovery Deadline Continued to March 8
--------------------------------------------------------------
In the class action lawsuit captioned as JUAN BAZABAL and KEINARD
SIMPSON, individually and on behalf of all others similarly
situated, v. GREYHOUND LINES, INC., and DOES 1-10, Case No.
3:22-cv-01520-JLS-SBC (S.D. Cal.), the Hon. Judge Steve B. Chu
entered an order granting joint motion to amend scheduling order:
1. The Class Discovery Deadline is continued March 8,
2024
from Jan. 16, 2024, to:
2. The deadline for Plaintiffs to file the April 1,
2024
Motion for Class Certification is
continued from February 2, 2024, to:
Greyhound Lines provides intercity bus transportation services.
A copy of the Court's order dated Jan. 8, 2024 is available from
PacerMonitor.com at https://bit.ly/3u1GUl2 at no extra charge.[CC]
HANOVER CAPITAL: Saliba Seeks Sales Representatives' Unpaid Wages
-----------------------------------------------------------------
LAYLA SALIBA, GEOFFREY KIGONGO, GEORGE RAUCH, and KWAINE THOMPSON
JR., individually and on behalf of all others similarly situated,
Plaintiffs v. HANOVER CAPITAL GROUP LLC, PREMIUM MERCHANT FUNDING
ONE, LLC, HAIM LLALOUZ and YANATHON LLALOUZ, Defendants, Case No.
1:24-cv-00401 (S.D.N.Y., January 18, 2024) is a class action
against the Defendants for violations of the Fair Labor Standards
Act and the New York Labor Law including failure to pay minimum
wages, failure to pay overtime wages, and failure to provide
accurate wage statements.
The Plaintiffs were employed by the Defendants as sales
representatives at any time in 2023.
Hanover Capital Group LLC is a consulting company based in New
York, New York.
Premium Merchant Funding One, LLC is a financial services firm
based in New York, New York. [BN]
The Plaintiffs are represented by:
Philip M. Hines, Esq.
HELD & HINES, LLP
2004 Ralph Avenue
Brooklyn, NY 11234
Telephone: (718) 531-9700
E-mail: phines@heldhines.com
HARD ROCK CAFE: Fails to Pay Proper Wages, Grant Alleges
--------------------------------------------------------
SARAH GRANT, individually and on behalf of all other similarly
situated, Plaintiff v. HARD ROCK CAFE INT'L USA, INC., Defendant,
Case No. 1:24-cv-00072-UNA (D. Nev., Jan. 18, 2024) seeks to
recover from the Defendant unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Grant was employed by the Defendant as a server and
bartender.
HARD ROCK CAFE INT'L USA, INC. provides hospitality services. The
Company offers facilities for stay, restaurants, bars, as well as
hosts venue for events, meetings, and weddings. [BN]
The Plaintiff is represented by:
Brian J. Ferry, Esquire, Esq.
FERRY JOSEPH, P.A.
1521 Concord Pike, Suite 202
Wilmington, DE 19803
Telephone: (302) 575-1555
Email: Bferry@ferryjoseph.com
- and -
Michael L. Fradin, Esq.
FRADIN LAW, LLC
8 N. Court St., Suite 403
Athens, OH 45701
Telephone: (847) 986-5889
Facsimile: (847) 673-1228
Email: mike@fradinlaw.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
5000 Rockside Road
Liberty Plaza Building – Suite 520
Independence, OH 44131
Telephone: (216) 816-8696
Email: james@simonsayspay.com
- and -
Leah M. Beligan, Esq.
Jerusalem F. Beligan, Esq.
BELIGAN LAW GROUP, LLP
19800 MacArthur Blvd., Ste. 300
Newport Beach, CA 92612
Telephone: (949) 224-3881
Email: lmbeligan@bbclawyers.net
jbeligan@bbclawyers.net
HEALTH CENTER PARTNERS: Jackson Suit Removed to S.D. California
---------------------------------------------------------------
The case captioned as James Jackson, previously proceeding
pseudonymously as JOHN DOE, individually and on behalf of all
others similarly situated v. Health Center Partners of Southern
California, Council of Community Clinics previously identified as
Doe Defendant No. 1, Netgain Technology, LLC, Doe Defendants 3-100,
Case No. 37-02021-00038892-CU-BT-CTL was removed from the Superior
Court of California, County of San Diego, to the U.S. District
Court for the Southern District of California on Jan. 16, 2024.
The District Court Clerk assigned Case No. 3:24-cv-00106-GPC-BGS to
the proceeding.
The nature of suit is stated as Personal Injury: Health
Care/Pharmaceutical Personal Injury Product Liability.
Health Center Partners of Southern California --
https://hcpsocal.org/ -- is a private, nonprofit association
comprised of 16 community clinics and health centers providing
primary care for San Diego, Imperial and Riverside counties.[BN]
The Plaintiff is represented by:
Patrick N. Keegan, Esq.
KEEGAN & BAKER, LLP
2292 Faraday Avenue, Suite 100
Carlsbad, CA 92008
Phone: (760) 929-9303
Fax: (760) 929-9260
Email: pkeegan@keeganbaker.com
The Defendants are represented by:
Karl P. Schlecht, Esq.
TRESSLER LLP
2 Park Plaza, Suite 1050
Irvine, CA 92614
Phone: (949) 336-1200
Fax: (949) 752-0645
Email: kschlecht@tresslerllp.com
HEALTHCARE SERVICES: Bazaldua Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Healthcare Services
Group, Inc. The case is styled as Maria De Socorro Bazaldua, on
behalf of all others similarly situated v. Healthcare Services
Group, Inc., HCSG WEST, LLC, Case No. BCV-24-100169 (Cal. Super.
Ct., Kern Cty., Jan. 17, 2024).
The case type is stated as "Other Employment - Civil Unlimited."
Healthcare Services Group -- https://www.hcsgcorp.com/ -- provides
professional management of ancillary services to a wide range of
clients.[BN]
The Plaintiff is represented by:
Christina M. Lucio, Esq.
FARNAES & LUCIO, APC
2235 Encinitas Blvd., Ste. 210
Encinitas, CA 92024-4357
Phone: 760-942-9433
Fax: 760-452-4421
Email: clucio@farnaeslaw.com
HEALTHFIRST INC: Faces Walters Suit Over Prerecorded Voice Calls
----------------------------------------------------------------
Jemimah Walters, on behalf of herself and others similarly situated
v. Healthfirst, Inc. and Inovalon, Inc., Case No. 1:24-cv-00382
(E.D.N.Y., Jan. 18, 2023) contends that the Defendants routinely
use an artificial or prerecorded voice in connection with
non-emergency calls they place to wrong or reassigned cellular
telephone numbers, in violation of the Telephone Consumer
Protection Act.
The Plaintiff is, and has been, since March 2020, the sole and
customary user of and subscriber to her cellular telephone
number—(XXX) XXX-7420.
Beginning in August 2023, Inovalon, at the direction of
Healthfirst, began placing calls to telephone number (XXX)
XXX-7420. In connection with this call Inovalon delivered, at the
direction of Healthfirst, an artificial or prerecorded voice
message stating:
Hello. Hello. This is Inovalon calling on behalf of
Healthfirst. This message is for Sammy Gonzalez. Please give
us a call back at your earliest convenience. Our toll-free
number is area code (844) 823-9406. An agent is available
Monday through Friday from 8 am to 5 pm to answer your call.
Thank you and have a nice day.
The tone and speech pattern of this voice message, which the
Plaintiff received and listened to, are consistent with the use of
an artificial or prerecorded voice, and not consistent with live
speech, the lawsuit avers.
The Plaintiff is not and does not know "Sammy Gonzalez." The
Plaintiff does not have, and never had, a health plan with
Healthfirst, the lawsuit adds.
Both Healthfirst and Inovalon did not have the Plaintiff's prior
express consent to place or caused to be placed any calls to
telephone number (XXX) XXX-7420 in connection with Sammy Gonzalez's
account or health plan.
Accordingly, the Plaintiff allegedly suffered actual harm as a
result of the Defendants' subject calls to telephone number (XXX)
XXX-7420, in that the Plaintiff suffered an invasion of privacy, an
intrusion into her life, and a private nuisance. The Plaintiff
found the Defendants' artificial or prerecorded voice messages to
be irritating and invasive.
Healthfirst is New York's largest not-for-profit health
insurer.[BN]
The Plaintiff is represented by:
Brittany Weiner, Esq.
IMBESI LAW GROUP
1501 Broadway, 12th Fl
New York, NY 10036
Telephone: (646) 767-2271
E-mail: brittany@lawilg.com
- and -
Jesse S. Johnson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Telephone: (561) 826-5477
E-mail: jjohnson@gdrlawfirm.com
HENRY SCHEIN: Fails to Prevent Data Breach, Cruz-Bermudez Says
--------------------------------------------------------------
LUCISBEL CRUZ-BERMUDEZ, individually and on behalf of all others
similarly situated, Plaintiff v. HENRY SCHEIN, INC., Defendant,
Case No. 2:24-cv-00387-JMW (E.D.N.Y., Jan. 18, 2024) is class
action arising from the Defendants' failure to protect highly
sensitive data.
According to the complaint, the Defendants stores a litany of
highly sensitive personal identifiable information about its
current and former students. But Defendants lost control over that
data when cybercriminals infiltrated its insufficiently protected
computer systems in a data breach.
Cybercriminals were able to breach the Defendants' systems because
the Defendants failed to adequately train its employees on
cybersecurity and failed to maintain reasonable security safeguards
or protocols to protect the Class's PII. In short, the Defendants'
failures placed the Class's PII in a vulnerable position rendering
them easy targets for cybercriminals. As a result, Plaintiff was
injured by Defendants' Data Breach, says the suit.
HENRY SCHEIN, INC. distributes healthcare products and services.
The Company provides shop supplies, as well as dental and medical
solutions and services to improve operational success and clinical
outcomes. Henry Schein focuses on patients, dental laboratories,
government and institutional clinics, health care professionals,
and care sites worldwide. [BN]
The Plaintiff is represented by:
James J. Bilsborrow, Esq.
WEITZ & LUXENBERG, PC
700 Broadway
New York, NY 10003
Telephone: (212) 558-5500
Email: jbilsborrow@weitzlux.com
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
Email: sam@turkestrauss.com
raina@turkestrauss.com
HERSHEY COMPANY: Yeh Sues Over Organic Chocolate Bars' False Ads
----------------------------------------------------------------
ERIC YEH, on behalf of himself and all others similarly situated v.
THE HERSHEY COMPANY, and RAINFOREST ALLIANCE INC., Case No.
1:24-cv-00453 (N.D. Ill., Jan. 18, 2023) sues the Defendants
regarding their false and deceptive marketing and sale of Hershey's
organic and plant-based chocolate bars that contain Rainforest
Alliance certified cocoa as ethically sourced and "sustainable"
when in fact, the supply and production of these Products
contribute to grievous and unsustainable labor abuses, including
the worst forms of child labor and/or forced labor, as well as
other exploitive labor practices, that are endemic in the cocoa
industry.
Through the Rainforest Alliance seal that is prominently displayed
on the Products, containing the words "People & Nature," Hershey
and Rainforest Alliance tell consumers that the Products are
responsibly sourced in a way that is not harmful to "people" or
"nature," and that the Products' supply chains are rigorously
vetted for ethical labor standards and sustainable environmental
practices. Despite claiming to have achieved "100 percent certified
and sustainable cocoa," in actuality, Hershey only has 68 percent
sourcing visibility by cocoa volume, meaning only 68 percent of its
cocoa was "from known farmers and farmer groups and independently
verified," the Plaintiff asserts.
The simple fact is that Hershey does not know whether 32 percent of
its cocoa volume is sustainable—or not. Without the ability to
trace 100 percent of its cocoa, Hershey cannot substantiate its
claims that the cocoa used in its Products is 100 percent
sustainable and thus, the statement in Hershey's consumer marketing
materials is false. Reasonable consumers seeking to buy
sustainable, ethically-sourced cocoa products are misled by the
Rainforest Alliance seal on the Products which are neither
ethically sourced nor environmentally sustainable. In fact, the
Products are the result of child labor and destructive
environmental practices such that they are harmful to "people" and
"nature," the suit alleges.
By allowing Hershey to use its certification to deceive consumers,
and by promoting that certification for the purpose of increasing
Product sales, Rainforest Alliance participates in the marketing of
the Products. Because the Defendants' marketing of the Products
tends to mislead and is materially deceptive about the true nature
and quality of the Products, the Plaintiff Yeh brings this case on
behalf of himself, and all others similarly situated and seeks
equitable and monetary relief.
Plaintiff Yeh purchased Hershey's Organic Milk Chocolate Candy Bars
bearing the Rainforest Alliance certification seal approximately
three to four times between 2022 and 2023 at a Walmart store
located at 1455 E Lake Cook Rd. in Wheeling, IL.
Hershey is a confectionary company and the largest producer of
chocolate products in North America with Products available in a
wide variety of national supermarket chains, regional stores, and
other outlets, including stores in Illinois.[BN]
The Plaintiff is represented by:
Kim E. Richman, Esq.
RICHMAN LAW & POLICY
1 Bridge Street, Suite 83
Irvington, NY 10533
Telephone: (914) 693-2018
E-mail: krichman@richmanlawpolicy.com
- and -
Christopher J. Esbrook, Esq.
Marie Plecha, Esq.
America Guzman, Esq.
ESBROOK P.C.
321 N. Clark Street, Suite 1930
Chicago, IL 60654
Telephone: (312) 319-7681
E-mail: christopher.esbrook@esbrook.com
marie.plecha@esbrook.com
america.guzman@esbrook.com
LINCARE HOLDINGS: Agrees to Settle Data Breach Class Suit for $7.5M
-------------------------------------------------------------------
Top Class Actions reports that Lincare Holdings agreed to pay $7.25
million to resolve a class action lawsuit claiming it failed to
protect consumers from a 2021 data breach.
The settlement benefits individuals whose personal information was
stored by Lincare Holdings and potentially compromised in the
September 2021 data breach.
The Lincare Holdings data breach occurred in September 2021 and
allegedly compromised patients' personal identifying information
and protected health data. According to plaintiffs in the class
action lawsuit, Lincare could have prevented the data breach by
implementing reasonable cybersecurity measures to protect the
information from hackers.
Lincare Holdings is a Linde company that provides in-home
respiratory care and equipment.
Lincare hasn't admitted wrongdoing but agreed to a $7.25 million
settlement to resolve the data breach class action lawsuit.
Under the terms of the settlement, class members who suffered from
out-of-pocket losses as a result of the data breach can receive up
to $5,000 in reimbursement for these losses. These payments include
compensation for bank fees, communication expenses, credit fees,
fraudulent charges, identity theft damages and up to four hours of
lost time compensated at a rate of $20 per hour.
California class members can receive an additional $90 for
potential statutory claims under California law.
All class members can receive one year of free Medical Shield
services, which include health care insurance plan monitoring,
medical record monitoring, provider monitoring, Medicare
monitoring, HSA monitoring, dark web monitoring, $1 million in
identity theft insurance, real-time authentication alerts,
high-risk transaction monitoring, credit-freeze assistance and
remediation services.
Lincare Holdings also has agreed to implement certain security
measures for at least one year to protect patients' personally
identifiable information.
The deadline for exclusion and objection is March 14, 2024.
The final approval hearing for the settlement is scheduled for June
12, 2024.
In order to receive settlement benefits, class members must submit
a valid claim form by April 15, 2024.
Who's Eligible
Individuals whose personal information was stored by Lincare
Holdings and potentially compromised in the September 2021 data
breach.
Potential Award
$5,090
Proof of Purchase
Receipts for credit monitoring, professional invoices, lost time
logs, postage receipts, bank statements, credit reports and other
proof of loss.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
04/15/2024
Case Name
In re: Lincare Holdings Inc. Data Breach Litigation, Case No.
8:22-cv-01472-TPB-AAS, in the U.S. District Court for the Middle
District of Florida
Final Hearing
06/12/2024
Settlement Website
LincareSettlement.com
Claims Administrator
Lincare Holdings Inc. Class Action
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391
Phone: (833) 383-4044
Class Counsel
John A Yanchunis
MORGAN & MORGAN
4514 Cole Avenue, Suite 600
Dallas, TX 75205
Phone: (469) 300-5001
Stephen R. Basser
BARRACK RODOS & BACINE
2001 Market St #3300
Philadelphia, PA 19103
Phone: (215) 963-0600
Email: sbasser@barrack.com
Raina Borrelli
TURKE & STRAUSS LLP
613 Williamson St #201
Madison, WI 53703
Phone: (608) 237-1775
Email: raina@turkestrauss.com
Alexandra M Honeycutt
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Phone: (423) 737-3265
Email: ahoneycutt@milberg.com
Carl V Malmstrom
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 West Jackson, Suite 1700
Chicago, IL 60604
Phone: (312) 984-0000
Email: malmstrom@whafh.com
Defense Counsel
Michael S Hooker
Jason A Pill
PHELPS DUNBAR LLP
100 South Ashley Drive, Suite 2000
Tampa, FL 33602-5315
Tel: (813) 472-7866
Email: michael.hooker@phelps.com [GN]
MANIPAL EDUCATION: Fails to Prevent Data Breach, Cherian Alleges
----------------------------------------------------------------
SANTOSH CHERIAN, individually and on behalf of all others similarly
situated, Plaintiff v. MANIPAL EDUCATION AMERICAS, LLC; and
AMERICAN UNIVERSITY OF ANTIGUA INC., Defendants, Case No.
1:24-cv-00404-JLR (S.D.N.Y., Jan. 18, 2024) is class action arising
from the Defendants' failure to protect highly sensitive data.
According to the complaint, the Defendants stores a litany of
highly sensitive personal identifiable information about its
current and former students. But Defendants lost control over that
data when cybercriminals infiltrated its insufficiently protected
computer systems in a data breach.
Cybercriminals were able to breach the Defendants' systems because
the Defendants failed to adequately train its employees on
cybersecurity and failed to maintain reasonable security safeguards
or protocols to protect the Class's PII. In short, the Defendants'
failures placed the Class's PII in a vulnerable position rendering
them easy targets for cybercriminals. As a result, Plaintiff was
injured by Defendants' Data Breach, says the suit.
MANIPAL EDUCATION AMERICAS LLC operates as a management consulting
company. The Company offers educational advice, services, and
management classes. [BN]
The Plaintiff is represented by:
James J. Bilsborrow, Esq.
WEITZ & LUXENBERG, PC
700 Broadway
New York, NY 10003
Telephone: (212) 558-5500
Email: jbilsborrow@weitzlux.com
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
Email: sam@turkestrauss.com
raina@turkestrauss.com
MEG METTLE: Fails to Pay Proper Wages, Gray Suit Alleges
--------------------------------------------------------
REAGAN GRAY, individually and on behalf of all others similarly
situated, Plaintiff v. MEG, METTLE & MOXIE, INC.; MEGAN T. WALKER;
and DOES 1-50, inclusive, Defendants, Case No. 24STCV0137B (Cal.
Super., Los Angeles Cty., Jan. 18, 2024) is an action against the
Defendants for failure to pay minimum wages, overtime compensation,
authorize and permit meal and rest periods, provide accurate wage
statements, and reimburse necessary business expenses.
Plaintiff Gray was employed by the Defendants as a staff.
MEG, METTLE & MOXIE, INC. is engaged in the catering business,
located at Los Angeles County, California. [BN]
The Plaintiff is represented by:
Louis Benowitz, Esq.
BENOWITZ LAW CORPORATION
8605 Santa Monica Boulevard
West Hollywood, CA 90069
Telephone: (818) 839-9610
Email: Louis@B enowitzLaw.com
- and -
Carly Nese, Esq.
LAW OFFICE OF CARLY NESE
100 Wilshire Boulevard Suite 700
Santa Monica, CA 90401
Telephone: (310) 496-5827
Email: CNese@NeseLaw.com
MERCY INVESTMENT: Defrauds Academy Alumni & Donors, Reynolds Says
-----------------------------------------------------------------
AMANDA REYNOLDS, individually and on behalf of all others similarly
situated, Plaintiff v. MERCY INVESTMENT SERVICES, INC., MERCY
EDUCATION SYSTEM OF THE AMERICAS, SISTERS OF MERCY OF THE AMERICAS
MIDATLANTIC COMMUNITY, INC., OUR LADY OF MERCY ACADEMY, CORP.,
SISTER LISA GRIFFITH, Executive Director, MARGARET MYHAN, OLMA
President, PATRICIA DILOLLO, OLMA Director of Advancement,
Defendants, Case No. 2:24-cv-00362-NJC-JMW (E.D.N.Y., January 18,
2024) is a class action against the Defendants for fraud, breach of
fiduciary duty, breach of contract, unjust enrichment, and
vicarious liability.
According to the complaint, the Defendants made material
representations or omissions of fact in order to defraud the
Plaintiff and Class members by collecting funds for the benefit of
Our Lady of Mercy Academy (OLMA), an all-girls Catholic school. The
Defendants' material misrepresentations or omissions of fact
include, but are not limited to, representations that the monies
paid would be used in accordance with the Plaintiffs' intentions;
that the monies paid would be used for the benefit and viability of
OLMA; and that they were soliciting such payments for that purpose;
that OLMA's property is not postured for sale or alienation in any
way whatsoever. The Plaintiffs sustained damages in many forms,
including monetary damages, and will sustain the loss of OLMA, says
the suit.
Mercy Investment Services, Inc., is a not-for-profit corporation
with a principal place of business located at 2039 North Geyer
Road, Saint Louis, Missouri.
Mercy Education System of the Americas is a sponsored ministry of
the Institute of the Sisters of Mercy of the Americas located at
8403 Colesville Rd., Silver Spring Maryland.
Sisters of Mercy of the Americas Mid-Atlantic Community, Inc. is a
not-for-profit corporation based in New York.
Our Lady of Mercy Academy is a non-profit educational corporation,
with its principal place of business located at 815 Convent Road,
Syosset, Nassau County, New York. [BN]
The Plaintiff is represented by:
Amanda S. Reynolds, Esq.
3 Harvard Drive
Woodbury, NY 11797
Telephone: (516) 838-0715
E-mail: InMercyAmandaReynolds@gmail.com
METROLIST SERVICES: Conspires to Restrain Trade, Willsim Claims
---------------------------------------------------------------
Willsim Latham, LLC, individually and on behalf of all others
similarly situated v. MetroList Services, Inc.; et al., and DOES 1
through 50, inclusive, Case No. 2:24-at-00067 (E.D. Cal., Jan. 18,
2023) alleges that during the four years prior to the filing of
this action, the Defendants conspired and continue to conspire to
restrain trade by causing Class Members to pay buyer broker fees
and inflated commissions on home sales, in violation of Section 1
of the Sherman Act, the Cartwright Act, and California's Unfair
Competition Law.
This is a class action brought by the Plaintiff on behalf of all
persons and entities that listed homes for sale on MetroList
Services, Inc. multiple listing service in the counties of Amador,
Butte (except for the northern portion), Colusa, El Dorado, Merced
County (except for the eastern portion), Placer (except for the
Lake Tahoe Basin), Nevada, Sacramento, San Joaquin, Stanislaus,
Sutter, Yolo, and Yuba ("MetroList Counties") and then paid buyer
broker commissions in connection with the sales of those homes. The
gravamen of the Plaintiff's complaint is that the Defendants agreed
to, implemented, and enforced anti-competitive MetroList rules that
require Class Members to make a blanket, unilateral, and
effectively non-negotiable offer of buyer broker compensation when
listing a property on MetroList, says the suit.
Unlike most MLSs in the United States, MetroList is not exclusively
owned or operated by realtor associations affiliated with the
National Association of Realtors; rather, it is owned by local
realtor associations, and California Real Estate Brokers, Inc., the
suit claims.
The Defendants' conspiracy forces Class member home sellers to pay
a cost that, in a competitive market, would be paid by the buyer.
To gain the cooperation of buyer brokers, selling brokers are also
incentivized to offer a higher buyer broker commission as part of
complying with rules that require all Class Members to make a
blanket, unilateral and effectively non-negotiable offer of buyer
broker compensation, the suit avers.
In sum, the conspiracy had and continues to have multiple harmful
and anticompetitive effects, including: requiring Class Members to
pay for services provided by buyer brokers to the buyer; raising
and stabilizing buyer broker compensation at levels higher than
they would be in a competitive marketplace; and encouraging and
facilitating steering and other actions that impede innovation and
entry by new and lower-cost real estate brokerage service
providers, asserts the suit.
The Defendants include Sacramento Association of Realtors, Inc.;
Placer County Association of Realtors, Inc.; El Dorado County
Association of Realtors; Lodi Association of Realtors; Yolo County
Association of Realtors; Central Valley Association of Realtors;
Amador County Association of Realtors; Nevada County Association of
Realtors, Inc.; Sutter-Yuba Association of Realtors, Inc.; RE/MAX
Holdings, Inc.; Anywhere Real Estate Inc.; Keller Williams Realty,
Inc.; eXp World Holdings, Inc.; Norcal Gold Inc.; Century 21 Select
Real Estate, Inc.; William L. Lyon & Associates, Inc.; Paul M.
Zagaris, Inc.; and Guide Real Estate, Inc.
The Plaintiff is headquartered in Sacramento, California. The
Plaintiff sold a home located in Sacramento, California, in 2021,
which was listed for sale on MetroList. Upon closing the sale of
the home, the Plaintiff paid a $18,000 commission to the listing
agent (2% of the sale price) and a $22,500 commission to the buyer
agent (2.5% of the sale price), for a total of $40,500.
Metrolist offers software-based real estate listing solutions.[BN]
The Plaintiff is represented by:
Jill M. Manning, Esq.
Daniel L. Warshaw, Esq.
Bobby Pouya, Esq.
Naveed Abaie, Esq.
Eric J. Mont, Esq.
PEARSON WARSHAW, LLP
555 Montgomery St., Suite 1205
San Francisco, CA 94111
Telephone: (415) 433-9000
E-mail: jmanning@pwfirm.com
dwarshaw@pwfirm.com
bpouya@pwfirm.com
nabaie@pwfirm.com
emont@pwfirm.com
- and -
Douglas Millen, Esq.
Robert Wozniak, Esq.
Matthew Ruan, Esq.
FREED KANNER LONDON & MILLEN LLC
100 Tri-State International, Suite 128
Lincolnshire, IL 60069
Telephone: (224) 632-4500
E-mail: dmillen@fklmlaw.com
rwozniak@fklmlaw.com
mruan@fklmlaw.com
MILLENNIA HOUSING: Tenants File Class Suit Over Mismanagement
-------------------------------------------------------------
Cy Neff, writing for INDY Week, reports that on January 19, 14
tenants at North Durham's JFK Towers signed on to a class action
lawsuit against property owner Millennia Housing Development. As
the INDY reported, the U.S. Department of Housing and Urban
Development (HUD) recently barred Millennia from entering into any
new contracts with federal agencies.
JFK Towers is designated for disabled and elderly residents, with
all of its 177 units set aside for affordable housing. Local news
outlets covered troubles at JFK Towers last summer. Maginnis
Howard's class action division and Duke Law's Civil Justice law
clinic filed the complaint. Tenants say many of the same problems
they raised in the summer remain.
"On January 15 we had all three elevators down," says JFK Towers
resident Johnetta Alston. "They've got the two passenger elevators
fixed now, but they [Millennia's contractors] are using them like a
freight elevator, so they're gonna break again. We've got trash
chutes overflowing on all seven floors."
The recurrently broken elevators are especially concerning in the
seven-story apartment complex, where many of the residents have
mobility issues and are unable to use the stairs. The lawsuit, and
prior news articles, mention instances of elderly,
mobility-impaired residents being stuck on their floors.
Alongside elevator issues, the lawsuit alleges "frequent
termination of residents' water supply without notice or alternate
water supply, insect infestation and inadequate pest treatment,
unsafe and unsanitary apartments and common areas, neglected waste
management throughout the complex, unauthorized/excessive late fees
charged, general lack of property maintenance and response to
tenant complains, and dangerous disregard for fire safety and
building security"
The 46-page lawsuit seeks relief for tenants from Millennia on the
grounds of:
a. Breach of warranty of habitability -- Millennia has
continued to charge tenants market value rent for an uninhabitable
property.
b. Unfair and deceptive trade practices -- Millennia has
continued to misrepresent the severity of issues at JFK Towers and
failed to communicate a truthful timeline for repairs to tenants,
all while collecting full rent payments.
c. Negligence -- Millennia knowingly failed to do property
maintenance and left tenants in unsafe living conditions.
d. The North Carolina Debt Collection Act -- Millennia charged
illegally high late fees and attempted to collect upon them.
e. Breach of Contract -- Millennia consistently failed to
fulfill their contractual obligations as landlords.
f. Unjust Enrichment -- Millennia has financially benefited
from charging excessive fees to clients.
Ian E. Vance, an attorney at Maginnis Howard, says that the suit
seeks to bring accountability to Millennia and justice for JFK
Towers residents.
"We understand that these are only the first steps on the road to
redress, but we are adamant in the pursuit of holding Millennia
accountable for the substandard conditions at JFK Towers," Vance
says. "Providing safe and healthy living conditions to the elderly
and disabled should not take a drawn-out legal battle, but that is
what we are prepared to handle."
Millennia is no stranger to litigation, with class action lawsuits
currently on file against the company in Georgia, Arkansas, and
Tennessee. [GN]
PONTIAC, MI: SJ Suit Removed to E.D. Michigan
---------------------------------------------
The case captioned as SJ and SE, a minor, by and through his
Parents and Natural Guardians, Lawrence F Jasper, II, Rosalia O
Jasper, individually, and on behalf of himself and all those
similarly situated v. City of Pontiac, Pontiac Housing Commission,
Mungo & Mungo, Attorney Mungo, Township of Bloomfield, Bloomfield
Hills School District, Watson, Kieth, Hollerith, Stroughter,
Lupone, Reed, McDonald, Schultzs, Cowdry, Loria, Gandly, Lynch,
Taylor, Jackson, Class Members, in their individual and official
capacities, Case No. 23-204108-CZ was removed from the Oakland
County Circuit Court, to the U.S. District Court for the Eastern
District of Michigan on Jan. 16, 2024.
The District Court Clerk assigned Case No. 2:24-cv-10111-DML-CI to
the proceeding.
The nature of suit is stated as Other Civil Rights for Civil Rights
Act.
Pontiac -- https://www.pontiac.mi.us/ -- is a city in and the
county seat of Oakland County, Michigan, United States.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
Holly S. Battersby, Esq.
ROSATI SCHULTZ JOPPICH & AMTSBUECHLER PC
27555 Executive Drive, Suite 250
Farmington Hills, MI 48331-3550
Phone: (248) 489-4100
Fax: (248) 489-1726
Email: hbattersby@rsjalaw.com
QUEBEC: Faces Class Suit Over COVID-19 Long-Term Care Outbreaks
---------------------------------------------------------------
Jacob Serebrin, writing for The Canadian Press, reports that a
judge has approved a class-action lawsuit that accuses Quebec's
health network of failing to protect long-term care centres during
the first year of the COVID-19 pandemic and causing avoidable
suffering and death to thousands of residents.
The province's response to the first two waves of COVID-19 was
improvised, and health network officials ignored a pre-existing
pandemic plan until it was too late, claims the lawsuit authorized
by Superior Court Justice Donald Bisson.
Patrick Martin-Menard, the lawyer representing members of the class
action, said the Quebec government had "all the tools available" to
protect the most vulnerable but failed to do so.
"We didn't know about COVID at that time, but we had enough
information to know what kind of threat we were exposed to with a
pandemic, and there even was a plan in place to face it,"
Martin-Menard told a news conference.
Members of the class action include anyone living in 118 public
long-term care centres that the lawsuit says experienced a COVID-19
outbreak that infected at least 25 per cent of residents between
March 13, 2020, and March 20, 2021. Class action members also
include surviving spouses, children and grandchildren of
residents.
Martin-Menard says he estimates the suit will include between 6,000
and 7,000 long-term care residents as well as an unknown number of
family members.
One resident who died was the mother of representative plaintiff
Jean-Pierre Daubois. Anna Jose Maquet, 94, died in April 2020 at
the Sainte-Dorothee long-term care centre in Laval, Que. She choked
while drinking water and was placed on a respiratory distress
protocol that Daubois says he believes led to her death. The
outbreak at the facility killed more than 100 residents.
Daubois told reporters he wants to ensure that the "improvisation"
of Quebec's pandemic response isn't repeated. "I'm still mad
because it was avoidable," he said.
The nurse who normally cared for his mother was hospitalized in an
intensive care unit with COVID-19 at the time Maquet died. He said
COVID-19 was introduced into his mother's long-term care centre
after two employees — who allegedly reported that they had been
infected -- were told by management they would be disciplined if
they didn't come to work.
"It's a big victory for the families, this first step, because we
want them to be accountable for what they did and did not do,"
Daubois said about the class action's authorization.
Martin-Menard said Quebec's long-term care network was neglected in
the early days of the pandemic as the government focused on
protecting hospitals. Care staff weren't trained in infection
prevention and control, he added, and no steps were taken to
address labour shortages, which prevented residents from receiving
"even the most basic care."
"This tragedy," Martin-Menard said, "was the result of a series of
negligent practices and poor decision-making by public health
authorities and by those who were responsible for planning and
preparing the health-care system for the pandemic, because there
was a plan."
The lawsuit names as defendants the Sainte-Dorothee long-term care
centre, 20 regional health authorities and the province's attorney
general -- as the representative of the health minister and public
health director.
Martin-Menard's class action alleges that many of the factors that
led to outbreaks during the first wave of the pandemic continued
into the second wave: transfer of staff between facilities with
infected patients; inadequate personal protective equipment; and
limited access to basic care for patients because of labour
shortages and the large percentage of staff who were off sick.
The Quebec government has argued that the class action was too
broad and that while the lawsuit's allegations may have applied to
the Sainte-Dorothee long-term care centre, they didn't apply across
the entire network or to the second wave of the pandemic.
The suit aims to obtain compensation of $100,000 for each resident
who was infected, with additional compensation for those who were
hospitalized, or should have been hospitalized but were not because
of government policies. It also seeks $40,000 for each resident who
didn't get sick.
As well, the lawsuit is seeking additional compensation of at least
$100,000 for the surviving spouse of a resident who died, and
$30,000 for each of their children. The suit is also asking for an
extra $10 million in punitive damages on behalf of residents. [GN]
REAL ESTATE BOARD: Friedman Sues Over Home Rental Conspiracy Scheme
-------------------------------------------------------------------
ROBERT FRIEDMAN, individually and on behalf of all others similarly
situated, Plaintiff v. THE REAL ESTATE BOARD OF NEW YORK, INC.;
DOUGLAS ELLIMAN INC.; CHRISTIE'S INTERNATIONAL REAL ESTATE LLC;
CORCORAN GROUP LLC; SOTHEBY'S INTERNATIONAL REALTY AFFILIATES LLC;
BROWN HARRIS STEVENS RESIDENTIAL SALES, LLC; BROWN HARRIS STEVENS
BROOKLYN, LLC; SERHANT LLC, COMPASS, INC.; NEST SEEKERS LLC; THE
AGENCY IP HOLDING CO, LLC d/b/a THE AGENCY RE; ELEGRAN LLC; ENGEL &
VOLKERS NEW YORK REAL ESTATE LLC; R NEW YORK REAL ESTATE LLC;
ANYWHERE REAL ESTATE INC.; TERRA HOLDINGS, LLC; TDG-TREGNY, LLC
d/b/a/ MNS; and LESLIE J. GARFIELD & CO. INC., Defendants, Case No.
1:24-cv-00405 (S.D.N.Y., Jan. 18, 2024) alleges violation of the
Sherman Act.
The Plaintiff alleges in the complaint that the Defendants engaged
in a horizontal antitrust conspiracy among major residential real
estate firms not to compete over broker commissions in Brooklyn's
most expensive neighborhoods
Defendants' unlawful agreement to abide by and enforce the Broker
Commission Allocation Rules has caused, and is causing, significant
anticompetitive effects in the residential real estate market in
REBNY Brooklyn by artificially inflating the total broker costs
paid by the Seller, says the suit.
THE REAL ESTATE BOARD OF NEW YORK (REBNY) is a trade association
for the real estate industry. It was formed in 1896. [BN]
The Plaintiff is represented by:
Daniel Goldman, Esq.
BIENERT KATZMAN LITRELL WILLIAMS LLP
903 Calle Amanecer, Suite 350
San Clemente, CA 92673
Telephone: (973) 476-5485
Email: dgoldman@bklwlaw.com
- and -
Steven L. Groopman, Esq.
Steven J. Buttacavoli, Esq.
Kristie A. LaSalle, Esq.
Brooke E. Lowell, Esq.
BERMAN TABACCO
One Liberty Square
Boston, MA 02109
Telephone: (617) 542-8300
Facsimile: (617) 542-1194
Email: sgroopman@bermantabacco.com
sbuttacavoli@bermantabacco.com
klasalle@bermantabacco.com
blowell@bermantabacco.com
- and -
Todd A. Seaver, Esq.
Carl N. Hammarskjold, Esq.
BERMAN TABACCO
425 California St., Suite 2300
San Francisco, CA 94104
Telephone: (415) 433-3200
Facsimile: (415) 433-6382
Email: tseaver@bermantabacco.com
chammarskjold@bermantabacco.com
SHELVING INCORPORATED: Website Inaccessible to Blind, Wahab Claims
------------------------------------------------------------------
ANGELA WAHAB, on behalf of herself and all others similarly
situated, Plaintiff v. SHELVING INCORPORATED, Defendant, Case No.
1:24-cv-00378 (S.D.N.Y., January 18, 2024) is a class action
against the Defendant for violations of the Americans with
Disabilities Act and the New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.shelving.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Shelving Incorporated is a company that sells goods and services,
doing business in New York. [BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: mrozenberg@steinsakslegal.com
SUNRISE CREDIT: Faces Zieg Suit Over Illegal Debt Collection
-------------------------------------------------------------
MICHAEL B. ZIEG, on behalf of himself, and all individuals
similarly situated v. SUNRISE CREDIT SERVICES, INC., Case No.
2:24-cv-00207-MHW-EPD (S.D. Ohio, Jan. 18, 2023) alleges that the
Defendant failed to maintain appropriate procedures and/or
programming to prevent it from making more than seven telephone
calls to consumers within seven-day time periods, in violation of
the Fair Debt Collections Practices Act.
At some point prior to January 23, 2023, the Defendant began to
engage the Plaintiff in both written and telephonic collection
efforts relative to an allegedly unpaid consumer debt, which the
Plaintiff's assumes was a medical bill.
The Defendant allegedly obtained at least two separate telephone
numbers to use when attempting to make contact with the Plaintiff
during the course of its attempted telephonic collection attempts;
to wit, the Defendant obtained and used the Plaintiff's telephone
numbers at (614) **4-**88, the Plaintiff's personal cellular
telephone number, and (614) **1-**03, the Plaintiff's business
office line. The Defendant utilizes certain computer programmatic
technology that delegates the function of dialing consumers'
telephone numbers to aid in the efficiency of its debt collection
business operations – a process known as an "auto-dialer" or
dialer system. The Defendant made 15 separate collection calls to
the Plaintiff's Numbers within a span of four (4) consecutive days,
the lawsuit avers.
The Defendant's multiple attempts to collect a debt against the
Plaintiff by engaging in a campaign to make unnecessarily frequent
telephone calls to the Plaintiff's Numbers over many weeks exceeded
the bounds of propriety and reasonableness under both the FDCPA and
Ohio tort law. The Plaintiff has been actually damaged by losing
time attending to the calls, and through suffering from
humiliation, severe annoyance, embarrassment and emotional
distress, all of which was directly caused by the Defendant's
overly frequent abusive telephonic conduct, the lawsuit asserts.
Sunrise provides credit and accounts receivables management
services.[BN]
The Plaintiff is represented by:
James E. Nobile, Esq.
Eric E. Willison, Esq.
JENESQ
285 S. Liberty St. Suite 1D
Powell, OH 43065
Telephone: (614) 300-2764
E-mail: jenobile@ntlegal.com
SURYA NATURE: Wahab Suit Seeks Blind's Equal Access to Website
--------------------------------------------------------------
ANGELA WAHAB, on behalf of herself and all others similarly
situated, Plaintiff v. SURYA NATURE, INC., Defendant, Case No.
1:24-cv-00384 (S.D.N.Y., January 18, 2024) is a class action
against the Defendant for violations of the Americans with
Disabilities Act and the New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.suryabrasilproducts.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse, says the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Surya Nature, Inc, is a company that sells goods and services,
doing business in New York. [BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: mrozenberg@steinsakslegal.com
TANNER INC: Blind Can't Access Online Store, Wahab Suit Claims
--------------------------------------------------------------
ANGELA WAHAB, on behalf of herself and all others similarly
situated, Plaintiff v. TANNER, INC., Defendant, Case No.
1:24-cv-00383 (S.D.N.Y., January 18, 2024) is a class action
against the Defendant for violations of the Americans with
Disabilities Act and the New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.tannersfish.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse, says the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Tanner, Inc. is a company that sells goods and services, doing
business in New York. [BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: mrozenberg@steinsakslegal.com
UNITED STATES: Meets Settlement Requirements for Asylum Seekers
---------------------------------------------------------------
Kirkland & Ellis reports that the U.S. government has met its 2023
settlement requirements involving one of the largest asylum
adjudication class action settlements in U.S. history.
After the U.S. withdrawal from Afghanistan in August 2021, the U.S.
government committed to expedite asylum decisions for Afghan people
who were fleeing to the United States and to issue those decisions
within 150 days. Despite that commitment, thousands of Afghan
people were still waiting for an asylum decision well past the
150-day deadline. Many of them have spouses and children trapped in
Afghanistan, where they are living under constant threat of danger.
In April 2023, when the U.S. government fell behind on its
commitment, Kirkland & Ellis and the National Immigrant Justice
Center (NIJC) filed pro bono Ahmed v. DHS, case no. 4:23-CV-01892,
to compel the U.S. government to expedite adjudication of these
applications.
The plaintiffs are women's rights advocates, a healthcare worker, a
teacher, a journalist, and people who worked for U.S. agencies in
Afghanistan. Their complaint, filed in the U.S. District Court for
the Northern District of California, challenged the systematic
failure of the Department of Homeland Security (DHS) and U.S.
Citizenship and Immigration Services (USCIS) to adjudicate the
asylum applications filed by seven plaintiffs, and tens of
thousands of other asylum applicants like them, within the 150-day
deadline set by congress.
The class reached a settlement with the U.S. government in
September 2023, after seeking a nationwide injunction on behalf of
Afghan asylum applicants who awaited a decision nearly two years
after they first arrived in the United States as part of Operation
Allies Welcome -- a U.S. operation to evacuate allies who faced
threats of persecution as the Taliban retook power in Afghanistan.
The settlement agreement was approved on Sept. 11 by Judge Jon
Tigar of the U.S. District Court for the Northern District of
California.
The nationwide settlement is expected to help approximately 20,000
Afghan people seeking asylum in the United States after the fall of
Kabul to the Taliban. It is one of the largest asylum adjudication
class action settlements in U.S. history.
Per the settlement agreement, the government was required to
adjudicate 65 percent of applications received by Aug. 3, 2023, on
or before Dec. 31, 2023. And at least 85 percent of those
applications had to be pending beyond the 150-day deadline. On Jan.
16, 2024, per their public reporting requirements, the government
represented to the Court and the public that is adjudicated 67
percent of applications received by Aug. 3, and that roughly 94
percent of those applications had been pending more than 150 days.
"This news about the government meeting the settlement requirements
is very exciting for our clients and for others who had been stuck
in limbo waiting asylum," said Kirkland litigation partner Michael
Williams, who led this case pro bono. "We believed in this case and
that a remedy could be found that works for the government and for
those who were allies to our country in Afghanistan."
"We are glad to see asylum seekers finally being awards the relief
they sought and we are encouraged by the government's compliance to
date," said Keren Zwick, NIJC director of litigation. "We hope they
continue to live up to their promise and that 90 percent of covered
applicants have a decision by the end of April, as promised."
Additional deadlines in 2024 are forthcoming, and the settlement
provides protections to the class members though October 2025. [GN]
UNIVERSITY OF PITTSBURGH: Controls Skilled Labor Market, Ross Says
------------------------------------------------------------------
VICTORIA ROSS, individually and on behalf of all others similarly
situated, Plaintiff v. UNIVERSITY OF PITTSBURGH MEDICAL CENTER,
Defendant, Case No. 1:24-cv-00016-SPB (W.D. Pa., January 18, 2024)
is a class action against the Defendant for violations of Section 2
of the Sherman Act.
The case arises from the Defendant's monopsony over skilled
healthcare workers employed at its facilities in order to increase
its profitability. The Defendant's anticompetitive employment
practices include preventing workers from switching jobs within and
beyond its network so that they could find better opportunities,
artificially depressing wages, degrading work conditions, and
preventing union organizing. In addition, the Defendant's
monopolization of hospital services has also resulted in negative
outcomes for the public, including higher costs, lower quality of
care, and less price transparency, says the suit.
University of Pittsburgh Medical Center is a hospital chain located
in Pittsburgh, Pennsylvania. [BN]
The Plaintiff is represented by:
Austin B. Cohen, Esq.
Daniel C. Levin, Esq.
Keith J. Verrier, Esq.
LEVIN SEDRAN & BERMAN LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
Facsimile: (215) 592-4663
E-mail: acohen@lfsblaw.com
dlevin@lfsblaw.com
kverrier@lfsblaw.com
- and -
Joseph R. Saveri, Esq.
Christopher K.L. Young, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
cyoung@saverilawfirm.com
WHEELING, WV: Corn Files Suit in N.D. West Virginia
---------------------------------------------------
A class action lawsuit has been filed against City of Wheeling, et
al. The case is styled as Heather Corn, House of Hagar Catholic
Worker House, on behalf of themselves and those similarly situated
v. City of Wheeling, Robert Herron, Case No. 5:24-cv-00010-JPB
(N.D.W. Va., Jan. 16, 2024).
The nature of suit is stated as Accommodations Civil Rights.
Wheeling -- https://www.wheelingwv.gov/ -- is a city in the U.S.
state of West Virginia.[BN]
The Plaintiff is represented by:
Aubrey Leigh Sparks, Esq.
MOUNTAIN STATE JUSTICE, INC.
1217 Quarrier Street
Charleston, WV 25301
Phone: (304) 344-3144
Fax: (304) 344-3145
Email: aubrey@msjlaw.org
- and -
Frederick Alexander Risovich, Esq.
RISOVICH LAW OFFICES
3023 Pennsylvania Avenue
Weirton, WV 26062
Phone: (304) 723-2588
Fax: (304) 723-2504
Email: alex.risovich@risovichlaw.com
- and -
Nicholas Ward, Esq.
AMERICAN CIVIL LIBERTIES UNION OF WEST VIRGINIA
FOUNDATION
1614 Kanawha Blvd. E.
Charleston, WV 25311
Phone: (304) 282-6806
Email: nward@acluwv.org
*********
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