/raid1/www/Hosts/bankrupt/CAR_Public/250115.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, January 15, 2025, Vol. 27, No. 11
Headlines
212 STEAKHOUSE: Plaintiffs Awarded $223,458 in Fees & Expenses
60 60 CORP: Oaks Seeks Equal Website Access for the Blind
ACEROS DE AMERICA: Castro & Lozada Sue Over Price-Fixing Conspiracy
ALBERTSON'S LLC: Martinez Suit Removed to C.D. California
ALTA RESOURCES CORP: Tulloch Files Suit in E.D. Wisconsin
AMENTUM SERVICES: Wise Sues Over Suppressed Wages
AMERICAN ADDICTION: Luth Sues Over Failure to Secure PII & PHI
AMERICAN-AMICABLE LIFE: Costa Files TCPA Suit in D. South Carolina
ASHLYNN MARKETING: D.F. Suit Transferred to S.D. California
BECKER PROFESSIONAL: Faces Jones $5M Class Suit in W.D. New York
BEST BUY CO: Porchia Sues Over False Advertising and Discounts
BIG FISH: Campos Suit Seeks to Certify Class & Subclasses
BISTECCA & POMODORO: Ramirez Suit Removed to S.D. Florida
BUILDING MANAGEMENT: Martinez Sues Over Unpaid Overtime Wages
CALIFORNIA: Donnelly et al. Sue Over Israeli Military Funding
CARSON SMITHFIELD: Faces Gilbert Suit Over Collection Practice
CENTER FOR VEIN RESTORATION: Perez Files Suit in D. Maryland
CHI-ADA CORPORATION: Borges Sues Over Unpaid Overtime Wages
COMPUTERSHARE INC: Sauls Suit Removed to E.D. California
COREWELL HEALTH: Discloses Users' Info to 3rd Parties, Fateen Says
CRANNEY HOLDINGS: Bridgeo Files Suit in Mass. Super. Ct.
CREDIT LAW: Wins Summary Judgment v. Ensminger
DELTA DEFENSE: Filing for Class Cert. Bid in John Suit Due June 13
DENTALPLANS.COM: Appeals Summary Judgment Ruling in Bradley Suit
DISTRICT OF COLUMBIA: Seeks More Time to File Class Cert Response
ECHOPARK AUTOMOTIVE: Gerny and Hasbargen Suit Removed to W.D. Wash.
EVOLVE MSO: Website Not Accessible to the Blind, Gaspa Suit Says
FAIRHOPE, AL: Benefield Suit Removed to S.D. Alabama
FLAGSTAR FINANCIAL: Garfield Sues Over Misleading Merger Documents
FREEPORT-MCMORAN INC: Rodriguez Labor Suit Removed to D. New Mexico
FULTON COUNTY, GA: Hambrick Seeks to Certify 'Rice Street' Class
G-FORCE AIRCRAFT: Macedo FLSA Suit Transferred to D. New Mexico
GETTY IMAGES: Hunsicker Sues for Breach of Warrant Agreement
HEALTH INSURANCE: Human Suit Removed to E.D. Missouri
HP HOOD: Rubio Labor Suit Removed to E.D. Calif.
HUMANA INC: Advocate Compels Defendant to Produce Docs & Data
HYUNDAI MOTOR: Appeals Arbitration Bid Denial in Hageman Suit
J. JILL INC: Paul Berger Alleges Breach of Fiduciary Duties
JACOB SECORE: Wins Bid for Judgment on Pleadings in Alexander
JAM FOOD DISTRIBUTORS: Gaspa Sues Over Blind-Inaccessible Website
JOINT STOCK: Faces Krivenok Suit Over Securities Law Violations
KALAMAZOO, MI: Hughes Brings Appeal to Michigan Appeals Court
LA CABRA ROASTERY: Reyes Sues Over Blind-Inaccessible Website
LEVI STRAUSS & CO: Casillas Files Suit in Cal. Super. Ct.
LEXMARK INT'L: Rodriguez Files Suit in Cal. Super. Ct.
LISA WOLFE: Filing for Class Cert Bid Response Extended
LUXOTTICA OF AMERICA: Bradley Sues Over False Reference Prices
MAINS'L CALIFORNIA: Fails to Pay Minimum & OT Wages, Yang Claims
MASSAGE LUXE: Gaspa Sues Over Blind-Inaccessible Website
MCCUEN CONSTRUCTION: Sterling Suit Removed to E.D. California
MCMURRY UNIVERSITY: Fails to Protect Students' Info, Marquez Says
MDL 2873: AFFF/TOG Products "Defective," Dennis Suit Alleges
MDL 2873: AFFF/TOG Products Can Cause Cancer, Ramirez Suit Alleges
MDL 2873: AFFF/TOG Products Harmful to Human Health, Lawson Claims
MDL 2873: Baker Sues Over AFFF/TOG Products' Risk to Human Health
MDL 2873: Bardorf Suit Claims PFAS Exposure From AFFF/TOG Products
MDL 2873: Blackwood Sues Over Injury Sustained From AFFF Products
MDL 2873: Clairmont Sues Over Injury Sustained From AFFF Products
MDL 2873: Exposed AFFF/TOG Products' Users to PFAS, Gable Alleges
MDL 2873: Exposed Firefighters to Toxic Products, Dibble Suit Says
MDL 2873: Faces Gaskins Suit Over AFFF/TOG Products' PFAS Exposure
MDL 2873: Faces Kemple Suit Over AFFF/TOG Products' Toxic Elements
MDL 2873: Faces Porterfield Suit Over AFFF Products' Design Defect
MDL 2873: Faces Rapozo Suit Over Toxic Effects of AFFF/TOG Products
MDL 2873: Guster Suit Claims Toxic Exposure From AFFF/TOG Products
MDL 2873: Harlan Sues Over Firefighters' Exposure to Toxic Products
MDL 2873: Henry Sues Over Exposure to PFAS From AFFF/TOG Products
MDL 2873: Nuno Sues Over Side Effects of Using AFFF/TOG Products
MDL 2873: Oakes Sues Over Exposure to PFAS From AFFF/TOG Products
MDL 2873: Robbins Sues Over AFFF/TOG Products' Harmful Effects
MDL 2873: Wells Suit Claims Complications From AFFF/TOG Products
MDL 2873: Zinn Suit Alleges Complications From AFFF/TOG Products
MDL 3004: Cox v. B&R Included in Paraquat Products Liability Row
MDL 3010: Rumble v. Google Included in Digital Ads Antitrust Row
MDL 3014: King v. Cornerstone Transferred to W.D. Pa.
MERRILL LYNCH: Appeals Class Cert. Order in Iowa Suit to 2nd Cir.
MILLER'S ALE HOUSE: Martin Sues Over Blind-Inaccessible Website
NEW YORK, NY: Johnson Sues Over Unconstitutional Policy
NSA OP: Benson Files Suit in California State Court
OLDCASTLE INFRASTRUCTURE: Serrano Labor Suit Removed to E.D. Cal.
PAYPAL HOLDINGS: Faces GamersNexus Class Suit Over Referral Fees
PDR NETWORK: Carlton Appeals TCPA Suit Dismissal to 4th Circuit
PIH HEALTH INC: Calhoun Sues Over Unprotected Private Information
RAYMOND JAMES: Faces Conran Suit Over Breach of Fiduciary Duties
RESORT CANCELLATION: Costa Files TCPA Suit in M.D. Florida
REVANCE THERAPEUTICS: Matney Sues Over Misleading Statements
RICHMOND UNIVERSITY: Scripps Files Suit in E.D. New York
RUGS.COM LLC: Perkins Suit Removed to W.D. Washington
RUNION ENTERPRISES: Jackson Sues Over Unlawful Employment Practices
RUSH STREET GAMING: Volio Sues Over Failure to Safeguard PII
SABRE GLBL: Fails to Secure Employees' Personal Info, Hill Says
SALLY BEAUTY: Freday Files Suit in California State Court
SANDERLING RENAL: Hunt Suit Removed to N.D. California
SAVE ON SP LLC: Gurwitch Suit Transferred to W.D. New York
SOGNO TOSCANO: Valdez Files Suit in Cal. Super. Ct.
SSP AMERICA: Houston Seeks Unpaid Minimum & OT Wages Under FLSA
STREAMLAND MEDIA: Roache Sues Over Disability Discrimination
SUGARHOUSE HSP: Brockhoft Sues Over Failure to Safeguard PII
SUNBRIGHT HEALTH: Guinovart Suit Seeks Unpaid OT Wages Under FLSA
SUNOC LLC: Brumbaugh Files Suit in Cal. Super. Ct.
TAYLOR FARMS: Valencia Files Suit in Cal. Super. Ct.
TFC PARTNERS INC: Lewis-Sturrup Suit Removed to D. Massachusetts
TMR USA INC: Crumwell Sues Over Blind-Inaccessible Website
TRAVELERS INDEMNITY: Sanchez Suit Removed to C.D. California
TREEHOUSE FOODS: Bowman Sues Over Unpaid Overtime Compensation
TRU KIDS: Faces Oaks Suit Over Blind-Inaccessible Website
UBS FINANCIAL: DM Cohen Sues Over Unlawful Cash Sweep Programs
UNITED STATES: Bird Suit Seeks Certify Settlement Class
UNITED STATES: Final Approval of Class Settlement Sought
US FOODS INC: Epstein Suit Removed to W.D. Washington
UTAH HIGH: Szymakowski Bid for Prelim Injunction Granted
VANN-VIRGINIA CENTER: Allen Files Suit in E.D. Virginia
VINELAND EQUITIES: Cheli Sues Over Inaccessible Property
WALMART INC: Bid to Extend Time to File Class Cert Bid Nixed
WALMART INC: Sued Over Failure to Disclose Lead Contamination
XOOM ENERGY: Expert Report Excluded in Part
*********
212 STEAKHOUSE: Plaintiffs Awarded $223,458 in Fees & Expenses
--------------------------------------------------------------
In the class action lawsuit captioned as NINO MARTINENKO, on behalf
of herself and others similarly situated, v. 212 STEAKHOUSE, INC.,
and NIKOLAY VOLPER, Case No. 1:22-cv-00518-JLR-RWL (S.D.N.Y.), the
Hon. Judge Jennifer Rochon entered an order granting in part the
Plaintiffs' motion for attorneys' fees, and expenses.
The Plaintiffs are awarded $223,458.28 in fees and expenses.
The Plaintiffs were not previously compensated for any of this time
and are therefore now entitled to fees for the time they expended;
Defendants cite no authority in support of a contrary holding.
The Court has reviewed the disbursement records and receipts
submitted by Class Counsel and has determined that the expenses
charged are compensable.
The Plaintiff Martinenko brought this action against the Defendants
for violations of the Fair Labor Standards Act ("FLSA") and the New
York Labor Law ("NYLL").
The Plaintiff Huk opted in to the suit on May 16, 2022. On Sept.
24, 2024, the Court denied Defendants' motion to decertify the Rule
23 Class and granted summary judgment on Named Plaintiff
Martinenko's and Opt-in Plaintiff Huk's FLSA claims, and on all
Class Members' NYLL minimum-wage, overtime, and spread-of-hours
claims.
However, the Court dismissed Opt-in Plaintiff Huk's NYLL Section
195 claims for lack of standing.
On Nov. 13, 2024, the Court granted Plaintiffs' request to
voluntarily dismiss Named Plaintiff Martinenko's and Class Members'
outstanding NYLL Section 195 wage notice and wage statement claims
without prejudice and entered final judgment in Plaintiffs' favor.
212 Steakhouse is an upscale restaurant with authentic Kobe, Wagyu,
and prime beef, plus seafood, cocktails, and wine.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TA7WIA at no extra
charge.[CC]
60 60 CORP: Oaks Seeks Equal Website Access for the Blind
---------------------------------------------------------
MARK OAKS, on behalf of himself and all others similarly situated,
Plaintiff v. 60 60 CORP., Defendant, Case No. ESX-L-007795-24 (N.J.
Super., Essex Cty., November 7, 2024) is a civil rights action,
individually and on behalf of the Plaintiff and those similarly
situated, seeking redress for Defendant's actions which violate the
Americans with Disabilities Act.
Upon visiting Defendant's website, https://www.6060glasses.com, the
Plaintiff quickly became aware of Defendant's failure to maintain
and operate its website in a way to make it fully accessible for
himself and for other similarly situated blind or visually-impaired
people.
For example, many features on the website fail to accurately
describe the contents of graphical images, fail to properly label
title, fails to distinguish one page from another, contains
multiple broken links, contains headings that do not describe the
topic or purpose, and contains text that is not read, says the
suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
60 60 Corp. operates the website that sells eyeglasses.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
ZEMEL LAW LLC
400 Sylvan Ave, Suite 200
Englewood Cliffs, NJ 07632
Telephone: (862) 227-3106
E-mail: dz@zemellawllc.com
ACEROS DE AMERICA: Castro & Lozada Sue Over Price-Fixing Conspiracy
-------------------------------------------------------------------
JORGE L. SANTANA CASTRO and RAMON PEÑA LOZADA, individually and on
behalf of all others similarly situated, Plaintiffs v. ACEROS DE
AMERICA, INC.; CAROLINA BUILDING MATERIALS, INC.; CAROLINA BUILDING
LLC; STEEL SERVICES & SUPPLIES, INC.; THYSSENKRUPP AG, THYSSENKRUPP
MANNEX GMBH A/K/A THYSSENKRUPP MATERIALS TRADING GMBH, THYSSENKRUPP
MATERIALS N.A., INC.; JUAN C. APONTE-TOLENTINO; EDGARDO SOLA-COLON;
FRANCIS GARCIA-HAGHVERDIAN; NORBERT GOERTZ, RALF GENDRUSCHKE; CO
CONSPIRATORS A through Z, Defendants, Case No. 3:24-cv-01582
(D.P.R., December 19, 2024) arises from a per se unlawful agreement
between Defendants--various suppliers of steel reinforcing bars --
to artificially increase and fix the prices of rebar sold in the
Puerto Rico.
The said conspiracy allegedly occurred between 2015 and at least
2022, with anticompetitive effects continuing to the present,
during which time Defendants, acting in concert, fixed, raised,
maintained, and stabilized prices for rebar sold to customers,
including contractors and individuals in Puerto Rico and beyond.
This conduct resulted in inflated prices, restricted competition,
harmed consumers, and created an artificial pricing structure which
increased the cost of reconstruction efforts after Hurricane
María. Accordingly, the Plaintiffs now seek to represent a Class
of individuals who purchased rebar indirectly from Defendants at
supracompetitive prices to recover treble damages, injunctive
relief, and other relief as is appropriate, based on Defendants'
violations of Section 1 of the Sherman Act and various Puerto Rico
antitrust and consumer protection laws.
Headquartered in San Juan, PR, Aceros de America, Inc. is a Puerto
Rican for-profit corporation engaged in the retail and wholesale
distribution of construction and hardware supplies in Puerto Rico
and also exports its merchandise to other Caribbean islands. [BN]
The Plaintiffs are represented by:
Charles E. Vilaró-Valderrábano, Esq.
CANCIO COVAS & SANTIAGO, LLP
MCS Plaza, Suite A-267
255 Ave. Ponce de León
San Juan, PR 00917
Telephone: (787) 756-5333
Facsimile: (787) 756-5339
E-mail: cvilaro@ccsllp.com
- and -
Thomas H. Burt, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
E-mail: burt@whafh.com
- and -
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson Blvd., Suite 1700
Chicago, IL 60604
Telephone: (312) 984-0000
Facsimile: (212) 686-0114
E-mail: malmstrom@whafh.com
- and -
Don Bivens, Esq.
Teresita Mercado, Esq.
DON BIVENS, PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Telephone: (602) 708-1450
E-mail: don@donbivens.com
teresita@donbivens.com
ALBERTSON'S LLC: Martinez Suit Removed to C.D. California
---------------------------------------------------------
The case styled as Joseph Martinez, on behalf of himself and all
others similarly situated v. ALBERTSON'S LLC, a Delaware Limited
Liability Company; and DOES 1 through 100, inclusive, Case No.
30-2024-01436977-CU-OE-CXC was removed from the Superior Court of
the State of California in and for the County of Orange, to the
U.S. District Court for the Central District of California on Jan.
3, 2025, and assigned Case No. 8:25-cv-00023-FWS-KES.
The Complaint is a purported class action alleging the following
causes of action: Breach of Contract (Meal Periods); failure to
provide accurate itemized wage statements; and failure to pay all
wages due at separation.BN]
The Defendants are represented by:
Mara D. Curtis, Esq.
Brian M. Noh, Esq.
Brittany M. Hernandez, Esq.
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Phone: +1 213 457 8000
Facsimile: +1 213 457 8080
Email: mcurtis@reedsmith.com
bnoh@reedsmith.com
bmhernandez@reedsmith.com
ALTA RESOURCES CORP: Tulloch Files Suit in E.D. Wisconsin
---------------------------------------------------------
A class action lawsuit has been filed against Alta Resources Corp.
The case is styled as Deja Tulloch, individually and on behalf of
all others similarly situated v. Alta Resources Corp., Case No.
1:25-cv-00016-BBC (E.D. Wis., Jan. 3, 2025).
The nature of suit is stated as Other P.I. for Tort/Non-Motor
Vehicle.
Alta Resources -- https://www.altaresources.com/ -- provides
customer management business-process outsourcing for leading brands
in many industries.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
AMENTUM SERVICES: Wise Sues Over Suppressed Wages
-------------------------------------------------
Anna Wise, on behalf of herself and the Proposed Rule 23 Class v.
AMENTUM SERVICES INC.; GANA-A'YOO SERVICES CORPORATION; SIX MILE
LLC; GRAY HAWK GLOBAL CORPORATION; and LEIDOS, INC., Case No.
1:25-cv-00031-TPO (D. Colo., Jan. 6, 2025), is brought about
corporate collusion to deprive workers of bargaining power,
suppress wages, prevent workers from advocating for better working
conditions, and silence dissent.
The Defendants in this case are separate employers who should be
competing for employees through decent wages and working conditions
but, instead, illegally agree not to poach each other's employees
and to blacklist employees who raise safety, discrimination, pay
equity, or other workplace issues.
This illegal conduct is systemic, impacting the entire market in
which Defendants would otherwise compete: the United States
Antarctic Program ("USAP"). Given the isolated and dangerous
conditions of jobs in the USAP, along with the rigorous
qualification requirements, these workers are vulnerable and have
few other employment options. They are entirely at the whim of
Defendants' anticompetitive conduct.
The Plaintiff also brings individual claims on behalf of herself
against Defendants Six Mile and Amentum for engaging in unlawful
conduct with respect to her employment, including by retaliating
against her for discussing wages and pay equity in the workplace by
ensuring she would be blacklisted from the USAP, thus preventing
her from pursuing her chosen career path in a remote and otherwise
inaccessible workplace: Antarctica, says the complaint.
The Plaintiff began working in Antarctica in 2015 as a steward for
Defendant GSC.
Amentum Services, Inc., is a private government services company
headquartered in Chantilly, Virginia.[BN]
The Plaintiff is represented by:
Laura B. Wolf, Esq.
SPARK JUSTICE LAW LLC
3435 S. Inca Street, Suite C-113
Englewood, CO 80110
Phone: (303) 802-5390
Fax: (303) 848-3003
Email: laura@spark-law.com
- and -
Aurora L. Randolph, Esq.
ALR CIVIL RIGHTS
9878 W. Belleview Ave., Suite 2129
Denver, CO 80123
Phone: (303) 968-1703
Email: aurora@alrcivilrights.com
- and -
Juno Turner, Esq.
David H. Seligman, Esq.
Rachel W. Dempsey, Esq.
TOWARDS JUSTICE
P.O. Box 371689, PMB 44465
Denver, CO 80237-5680
Phone: (720) 441-2236
Email: juno@towardsjustice.org
david@towardsjustice.org
rachel@towardsjustice.org
- and -
Rachhana T. Srey, Esq.
H. Clara Coleman, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Phone: (612) 256-3200
Facsimile: (612) 215-6870
Email: srey@nka.com
ccoleman@nka.com
AMERICAN ADDICTION: Luth Sues Over Failure to Secure PII & PHI
--------------------------------------------------------------
Athena Luth, individually and on behalf of all others similarly
situated v. AMERICAN ADDICTION CENTERS, INC., Case No.
3:25-cv-00023 (M.D. Tenn., Jan. 6, 2025), is brought against
Defendant for its failure to properly secure and safeguard the
protected health information ("PHI") and personally identifiable
information ("PII") (together, "Private Information") of Plaintiff
and other similarly situated patients of Defendant totaling
hundreds of thousands of individuals ("Class Members").
Failing to implement reasonable cybersecurity measures has
significant consequences for the patients whose records are leaked
to cybercriminals and identity thieves. On December 23, 2024,
Defendant sent Plaintiff Luth a notice of data breach, informing
her that her Private Information was included in the Data Breach,
including her name, Social Security number, date of birth, medical
record number, medical treatment information, health insurance
information, address, and phone number.
Reportedly, Defendant was targeted by Rhysida, a well-known
cybergang. The Data Breach affected more than 400,000 patients from
across several states in what appears to be a double-extortion
event in which the hackers steal PII and/or PHI for extortion and
identity theft and then perform a ransomware attack to encrypt and
disrupt the target company's infrastructure.
After the Data Breach, Rhysida demanded a ransom payment, or it
would leak the data to even more cybercriminals and identity
thieves on the dark web. Indeed, Defendant's cybersecurity response
appears to be deficient as well, as is evident by the fact that it
has reported conflicting numbers of affected persons, with some
sources identifying as many as 422,000 people affected rather than
the lower number of 411,000. Because of Defendant's failures,
Plaintiff and the proposed Class Members have suffered a severe
invasion of privacy and must now face a substantially increase in
identity theft and fraud for years to come, says the complaint.
The Plaintiff is a natural person and is a citizen of Hawaii.
American Addiction Centers, Inc. is a Nevada corporation with its
principal place of business located in Brentwood, Tennessee.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
- and -
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Phone: (317) 636-6481
Email: ltoops@cohenandmalad.com
athomas@cohenandmalad.com
AMERICAN-AMICABLE LIFE: Costa Files TCPA Suit in D. South Carolina
------------------------------------------------------------------
A class action lawsuit has been filed against American-Amicable
Life Insurance Company of Texas. The case is styled as Daniel
Costa, individually and on behalf of a class of all persons and
entities similarly situated v. American-Amicable Life Insurance
Company of Texas, Case No. 3:25-cv-00061-MGL (D.S.C., Jan. 3,
2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
American-Amicable -- https://www.americanamicable.com/ -- is a
progressive special markets insurer.[BN]
The Plaintiff is represented by:
Dave Maxfield, Esq.
DAVE MAXFIELD, ATTORNEY, LLC
PO Box 11865
Columbia, SC 29211
Phone: (803) 509-6800
Fax: (855) 299-1656
Email: dave@consumerlawsc.com
ASHLYNN MARKETING: D.F. Suit Transferred to S.D. California
-----------------------------------------------------------
The case captioned as D.F., individually on behalf of himself and
on behalf of all others similarly situated v. Ashlynn Marketing
Group, Inc. doing business as: Krave Kratom, Does 1-50, inclusive,
Case No. 1:24-cv-08388 was transferred from the U.S. District Court
for the Southern District of New York, to the U.S. District Court
for the Southern District of California on Jan. 6, 2025.
The District Court Clerk assigned Case No. 3:25-cv-00039-JLS-KSC to
the proceeding.
The nature of suit is stated as Other Fraud.
Ashlynn Marketing Group, Inc. manufacture the finest Electronic
Nicotine Delivery System (ENDS) products. From disposable
cartridges to bulk refill e-liquid.[BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: Gary@lcllp.com
The Defendant is represented by:
Tamara Rozina, Esq.
SQUIRE PATTON BOGGS (US) LLP
1120 Ave of the Americas, 13th Floor
New York, NY 10036
Phone: (212) 872-9822
BECKER PROFESSIONAL: Faces Jones $5M Class Suit in W.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Becker Professional
Development Corporation. The case is captioned as Jones v. Becker
Professional Development Corporation, Case No. 6:24-cv-06643-EAW
(W.D.N.Y., Nov. 1, 2024).
The case is assigned to the Hon. Judge Elizabeth A. Wolford.
The suit demands $5,000,000 in damages.
Becker is a company that offers educational resources for
professionals in the areas of accounting and finance.[BN]
The Plaintiff Hannah Jones individually and on behalf of all others
similarly situated, is represented by:
David S. Almeida, Esq.
Matthew J. Langley, Esq.
ALMEIDA LAW GROUP, LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (708) 529-5418
E-mail: david@almeidalawgroup.com
matt@almeidalawgroup.com
- and -
James J. Bilsborrow, Esq.
WEITZ & LUXENBERG, P.C.
700 Broadway
New York, NY 10003
Telephone: (212) 558-5856
Facsimile: (646) 293-7937
E-mail: jbilsborrow@weitzlux.com
The Defendant is represented by:
IJay Palansky, Esq.
Jeffrey A. Wurst, Esq.
Nicholas D. Slovikoski, Esq.
Paul Croker, Esq.
ARMSTRONG TEASDALE LLP
4643 South Ulster Street, Suite 800
Denver, CO 80237
Telephone: (816) 221-3420
Facsimile: (816) 221-0786
E-mail: jwurst@atllp.com
nslovikoski@atllp.com
BEST BUY CO: Porchia Sues Over False Advertising and Discounts
--------------------------------------------------------------
Leroy Porchia; Allegra Porchia; Marilyn Kaye; and Aaron Lamoree;
For Themselves, As Private Attorneys General, and on behalf of all
others similarly situated v. BEST BUY CO., INC., Case No.
4:25-cv-00134 (N.D. Cal., Jan. 6, 2025), is brought concerning only
particular products sold by Best Buy that it advertises with false
discounts--specifically its TVs and its major appliances, e.g.,
refrigerators, ranges, dishwashers, microwaves, wall ovens,
cooktops, freezers, washers, and dryers (collectively, the
"Products"), in violation of the California's Consumers Legal
Remedies Act (CLRA); False Advertising Law (FAL); and Unfair
Competition Law (UCL); and the California Business & Professions
Codes.
Since at least February 2023, Best Buy has engaged in a massive and
consistent false discount advertising scheme both in its retail
stores and on its website by advertising perpetual or
near-perpetual discounts on the Products. These discounts are taken
from Best Buy's advertised reference prices for the Products. Best
Buy represents these reference prices to be Best Buy's regular and
normal prices of the Products, from which the advertised discounts
are calculated.
Best Buy's deceptive pricing scheme is intended to trick consumers
into believing that its Products are worth, and have a market value
equal to, the inflated reference price, and that the lower
advertised sale price represents a special bargain. Best Buy
perpetrates this illegal scheme in order to induce consumers to
purchase the Products and to charge more for the Products than it
otherwise could have charged.
Best Buy's false discount advertising harms consumers like
Plaintiffs by causing them to pay more than they otherwise would
have paid and to buy Products that they otherwise would not have
bought, says the complaint.
The Plaintiffs purchased from Best Buy one or more Products
advertised with a discount since February 2023.
Best Buy operates Best Buy retail stores and its website,
bestbuy.com, where it advertises, markets, and sells a wide variety
of electronic goods throughout California and the United
States.[BN]
The Plaintiff is represented by:
Daniel M. Hattis, Esq.
Paul Karl Lukacs, Esq.
HATTIS & LUKACS
11711 SE 8th St, Ste 120
Bellevue, WA 98005
Phone: (425) 233-8650
Facsimile: (425) 412-7171
Email: dan@hattislaw.com
pkl@hattislaw.com
BIG FISH: Campos Suit Seeks to Certify Class & Subclasses
---------------------------------------------------------
In the class action lawsuit captioned as NATHAN CAMPOS, et al., v.
BIG FISH GAMES, INC., et al., Case No. 2:22-cv-01806-RSM (W.D.
Wash.), the Plaintiffs ask the Court to enter an order:
(1) certifying the National Class and California and North Carolina
sub-classes,
(2) appointing Nathan Campos and Janet Garvey to represent the
National Class,
(3) appointing Nathan Campos to represent the California sub-class,
(4) appointing Janet Garvey to represent the North Carolina
subclass, and
(5) appointing The Ryan Law Group as counsel to the National Class
and California and North Carolina sub-classes.
The Plaintiffs seek certification of a class of consumers who
purchased virtual chips from the Games using misleading promotions:
National Class:
"All persons in the United States who purchased virtual
currencies in Big Fish Casino or Jackpot Magic Slots after Feb. 11,
2021 advertised using False Reference Quantities or False Limited
Time Specials."
The Plaintiff further seek certification of California and North
Carolina sub-classes as follows:
California Sub-Class:
"All persons in the State of California who purchased virtual
currencies in Big Fish Casino or Jackpot Magic Slots after Feb. 11,
2021 advertised using False Reference Quantities or False Limited
Time Specials."
North Carolina Sub-Class:
"All persons in the State of North Carolina who purchased
virtual currencies in Big Fish Casino or Jackpot Magic Slots after
Feb. 11, 2021 advertised using False Reference Quantities or False
Limited Time Specials."
Big Fish Games is a casual game company.
A copy of the Plaintiffs' motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=8KVmv6 at no extra
charge.[CC]
The Plaintiffs are represented by:
Carl Marquardt, Esq.
LAW OFFICE OF CARL J. MARQUARDT, PLLC
1126 34th Avenue, Suite 311
Seattle, WA 98122
Telephone: (206) 388-4498
E-mail: carl@cjmpllc.com
- and -
Andrew Ryan, Esq.
THE RYAN LAW GROUP
317 Rosecrans Ave.
Manhattan Beach, CA 90266
Telephone: (310) 321-4800
E-mail: andrew.ryan@theryanlawgroup.com
BISTECCA & POMODORO: Ramirez Suit Removed to S.D. Florida
---------------------------------------------------------
The case styled as Rebecca Ramirez, and others similarly situated
v. BISTECCA & POMODORO LLC D/B/A THE DORAL STEAKHOUSE AND HORACIO
DE GRAZIA, Case No. 2024-021233-CA-01 was removed from the Eleventh
Judicial Circuit in and for Miami-Dade County, Florida, to the U.S.
District Court for the Southern District of Florida on Jan. 6,
2025, and assigned Case No. 1:25-cv-20042-XXXX.
The Complaint alleges a single collective action count against each
Defendant for violation of the Fair Labor Standards Act, based on
allegedly unlawful tip practices.[BN]
The Defendants are represented by:
Jillian C. Postal, Esq.
SAUL EWING LLP
701 Brickell Avenue, Suite 1700
Miami, FL 33131
Phone: (305) 428-4500
Facsimile: (305) 374-4744
Email: rguite@sheppardmullin.com
BUILDING MANAGEMENT: Martinez Sues Over Unpaid Overtime Wages
-------------------------------------------------------------
Marvin Martinez, on behalf of himself, and others similarly
situated v. BUILDING MANAGEMENT ASSOCIATES, INC., and SEBCO
DEVELOPMENT, INC., Case No. 1:25-cv-00077 (S.D.N.Y., Jan. 3, 2025),
is brought alleging violations of the Fair Labor Standards Act
("FLSA"), and the New York Labor Law ("NYLL"), arising from
Defendants' failure to pay non-exempt employees proper
compensation, overtime compensation, failure to pay hourly
employees timely, and failure to provide accurate wage statements
and related records.
The Defendants knowingly and willfully operated their business with
a policy and practice of not paying Plaintiff and other similarly
situated employees either the FLSA overtime rate (of time and one
half), or the New York State overtime rate (of time and one-half),
in violation of the FLSA and New York Labor Law and the supporting
federal and New York State Department of Labor Regulations.
The Plaintiff complained to Defendants about their failure to pay
overtime compensation, placing Defendants on actual notice of these
violations. Yet, Defendants persisted to knowingly and willfully
engaged in widespread, systematic and significant violations of
Federal and New York State wage and hour statutes and implementing
regulations. For example, Defendants intentionally refused to pay
employees proper compensation for hours worked in excess of 40 per
week and Plaintiff's pay statement reflect a substantial amount of
"shaved" time, or hours worked by Plaintiff, but were intentionally
omitted from his pay statements by Defendants, says the complaint.
The Plaintiff was continuously employed by Defendants in Bronx
County, New York to work as a non-exempt porter for several of
Defendants' buildings from 2018 until January 2024.
BMS and SEBCO also jointly owns and/or manages more than 40
commercial buildings.[BN]
The Plaintiff is represented by:
Joseph Jeziorkowski, Esq.
Daniel Folchetti, Esq
VALIANT LAW
2 Westchester Avenue, Suite 205
White Plains, NY 10604
Phone: (914) 730-2422
Fax: (909) 677-2290
Email: jjj@valiantlaw.com
dcf@valiantlaw.com
CALIFORNIA: Donnelly et al. Sue Over Israeli Military Funding
-------------------------------------------------------------
SETH DONNELLY, MARIA BARAKAT, TARIK SHARIF KANAANA, JUDY TALAUGON,
TIMUR MAMEDOV, DEAN JOHANSSON, BUD KETCHUM, LINDA HELLAND, ARTHUR
CIANCUTTI, FRANCESCA CIANCUTTI, LAUREL KRAUSE, HOWARD ANDREW COREN,
MD, LESLIE ANGELINE, NORMAN SOLOMON, CHERYL DIANNE HIGGINS,
CHRISTOPHER JEWELL, JANE JEWELL, CHRIS PERRANDO, ROBIE TENORIO,
KATHLEEN L. MCCLAIN, and PAMELA BROWN on behalf of themselves and
all others similarly situated, Plaintiffs v. MIKE THOMPSON, and
JARED HUFFMAN, Defendants, Case No. 3:24-cv-09213 (N.D. Cal.,
December 19, 2024) alleges that the Defendants exceeded the
constitutional limitations on their tax and spend authority by
voting to authorize the funding of the Israeli military when they
were aware, or should have been aware, that the Israeli military
was committing genocide in Gaza in violation of the Leahy Law, the
Foreign Assistance Act of 1961 and Arms Export Control Act, and the
Conventional Arms Transfer policy.
On April 20, 2024, each of the Defendants voted in favor of the
Israel Security Supplemental Appropriations Act. This Act allocated
$26.38 billion in U.S. taxpayer dollars as military aid to Israel,
including, but not limited to, $3.5 billion for the procurement of
advanced weapons systems, defense articles, and defense services
through the Foreign Military Financing Program; $1 billion to
enhance the production and development of artillery and critical
munitions; and $4.4 billion to replenish defense articles and
defense services provided to Israel.
Mike Thompson is the U.S. Congressional Representative for
California's 4th Congressional District. [BN]
The Plaintiffs are represented by:
Gina Szeto-Wong, Esq.
Dean Royer, Esq.
SZETO WONG LAW, a Professional Corporation
10080 N. Wolfe Rd., Suite SW3-200
Cupertino, CA 95014
Telephone: (650) 425.6264
Facsimile: (415) 869.5392
E-mail: gina@szetowonglaw.com
dean@szetowonglaw.com
CARSON SMITHFIELD: Faces Gilbert Suit Over Collection Practice
--------------------------------------------------------------
TARA GILBERT, individually and on behalf of all those similarly
situated v. CARSON SMITHFIELD, LLC, Case No. 2:24-cv-09470-CBM-PVC
(C.D. Cal., Nov. 1, 2024) sues the Defendant for violating the Fair
Debt Collection Practices Act and the Rosenthal Fair Debt
Collection Practices Act.
On July 31, 2024, the Defendant made a phone call (the "First
Subject Communication") to the Plaintiff in connection with the
collection of the consumer debt. The First subject communication
was made by the Defendant to the Plaintiff at 6:10 AM in the
Plaintiff's time zone, and was received by the Plaintiff at 6:10 AM
in Plaintiff's time zone.
On Aug. 5, 2024, the Defendant made a phone call (the "Second
Subject Communication") to the Plaintiff in connection with the
collection of the consumer debt. The Second subject communication
was received by the Plaintiff from the Defendant at 6:13 AM in
Plaintiff's time zone.
The Defendant did not have the consent of the Plaintiff to
communicate with the Plaintiff between the hours of 9:00 PM and
8:00 AM. As such, by and through the phone call communications, the
Defendant violated section 1692c(a)(1) of the FDCPA, the suit
asserts.
The Plaintiff is a citizen of the State of California, residing in
Los Angeles County, California.
The Defendant is engaged in the business of collecting consumer
debts.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (754) 444-7539
E-mail: gerald@jibraellaw.com
jibrael@jibraellaw.com
CENTER FOR VEIN RESTORATION: Perez Files Suit in D. Maryland
------------------------------------------------------------
A class action lawsuit has been filed against Center for Vein
Restoration, LLC. The case is styled as Chastity Perez,
individually and on behalf of all others similarly situated v.
Center for Vein Restoration, LLC, Case No. 8:25-cv-00046 (D. Md.,
Jan. 6, 2025).
The nature of suit is stated as Other P.I.
Center for Vein Restoration -- https://www.centerforvein.com/ -- is
nationally recognized as the leader in the treatment of varicose
veins and spider veins.[BN]
The Plaintiff is represented by:
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street, Ste 300
Washington, DC 20006
Phone: (202) 540-7200
Email: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street, 14th Floor
New York, NY 10004
Phone: (646) 357-1100
Fax: (212) 202-4322
Email: snathan@hausfeld.com
CHI-ADA CORPORATION: Borges Sues Over Unpaid Overtime Wages
-----------------------------------------------------------
Vilma Borges, and other similarly situated individuals v. Chi-Ada
Corporation, and Okoro Bartholomew, individually, Case No.
0:25-cv-60042-XXXX (S.D. Fla., Jan. 7, 2025), is brought to recover
monetary damages for unpaid overtime wages under United States laws
pursuant to the Fair Labor Standards Act ("the Act").
The Plaintiff was paid weekly for all her hours at her regular
rate. Plaintiff worked in excess of 40 hours, but she was not paid
for overtime hours, as required by law. The Plaintiff signed
timesheets, and Defendants controlled her schedule and activities.
Defendants knew the number of hours that Plaintiff and other
similarly situated individuals were working. Therefore, Defendants
willfully failed to pay Plaintiff overtime wages, at the rate and a
half her regular rate, for every hour that he worked in excess of
40, in violation of the Act, says the complaint.
The Plaintiff worked as a janitor and sanitizer in government
offices.
Chi-Ada Corporation provides janitorial, maintenance and custodian
and security services to private and governmental institutions in
Florida, Georgia, and New York.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
COMPUTERSHARE INC: Sauls Suit Removed to E.D. California
--------------------------------------------------------
The case styled as Erin Ashley Sauls, individually, and on behalf
of all others similarly situated v. COMPUTERSHARE, INC., a
California corporation; and DOES 1 through 10, inclusive, Case No.
24CV024211 was removed from the Superior Court of the State of
California for the County of Sacramento, to the U.S. District Court
for the Eastern District of California on Jan. 6, 2025, and
assigned Case No. 2:25-cv-00048-AC.
In the PAGA Complaint, Plaintiff seeks, among other things, damages
for claims that Computershare failed to pay her minimum and
overtime wages, failed to provide her with compliant meal and rest
breaks, failed to reimburse Plaintiff's business-related expenses;
failed to provide Plaintiff with accurate written wage statements;
failed to keep accurate records of the Plaintiff; failed to timely
pay Plaintiff's current wages; failed to pay Plaintiff's wages as
required by contract or statute, and failed to pay Plaintiff's
final wages.[BN]
The Defendants are represented by:
Michael J. Nader, Esq.
George J. Theofanis, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 Capitol Mall, Suite 2800
Sacramento, CA 95814
Phone: 916-840-3150
Facsimile: 916-840-3159
Email: Michael.Nader@ogletree.com
george.theofanis@ogletree.com
COREWELL HEALTH: Discloses Users' Info to 3rd Parties, Fateen Says
------------------------------------------------------------------
ASSIYAH FATEEN, on behalf of herself and all others similarly
situated, Plaintiff v. COREWELL HEALTH d/b/a BEAUMONT HEALTH,
Defendant, Case No. 1:24-cv-01216-PLM-PJG (W.D. Mich., November 14,
2024) is a class action against the Defendant for violations of the
Electronic Communications Privacy Act, the Michigan Consumer
Protection Act, and the Michigan Nonprofit Health Care, breach of
fiduciary duty/confidentiality, invasion of privacy, breach of
implied contract, negligence, and unjust enrichment.
According to the complaint, the Defendant disclosed with third
parties, Meta Platforms, Inc. and Google LLC, users' private
information without their consent. When the Defendant intentionally
and surreptitiously embedded the Meta Pixel and Google Analytics on
its website and related subpages, it shared with Meta and Google
every patient's interaction with its website and related subpages
without the Plaintiff's or its other users' knowledge or consent.
As a result of the Defendant's misconduct, the Plaintiff and
similarly situated consumers suffered damages.
Corewell Health, doing business as Beaumont Health, is a health
care provider with its principal place of business located in Grand
Rapids, Michigan. [BN]
The Plaintiff is represented by:
David S. Almeida, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (312) 576-3024
Email: david@almeidalawgroup.com
CRANNEY HOLDINGS: Bridgeo Files Suit in Mass. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Cranney Holdings,
LLC, et al. The case is styled as Joseph Bridgeo, Individually and
on Behalf of Others similarly situated vs. Cranney Holdings, LLC
(d/b/a Cranney Home Services), et al, Case No. 2577CV00012 (Mass.
Super. Ct., Essex Cty., Jan. 3, 2025).
The case type is stated as "Contract / Business Cases."
Cranney Home Services -- https://www.cranneyhomeservices.com/ --
offers comprehensive HVAC, plumbing, and electrical solutions.[BN]
The Plaintiff is represented by:
Anastasia Doherty, Esq.
Raven Moeslinger, Esq.
Nicholas F. Ortiz, Esq.
ORTIZ AND MOESLINGER, P.C.
One Boston Place, Suite 2600
Boston, MA 02108
Phone: (617)338-9400
CREDIT LAW: Wins Summary Judgment v. Ensminger
-----------------------------------------------
In the class action lawsuit captioned as MARK ENSMINGER, v. CREDIT
LAW CENTER, LLC, ET AL., Case No. 2:19-cv-02147-TC (D. Kan.), the
Hon. Judge Toby Crouse entered an order granting CLC and Addleman's
motion for summary judgment and denying as moot the remaining
motions.
Concluding that Ensminger lacks standing answers only one of the
many legal issues identified in the parties' briefs. And Ensminger
claims that the expert that Defendants identify should not be
permitted to testify at trial.
None of these remaining issues, regardless of how interesting or
hotly contested, can be considered. Over 150 years ago, the Supreme
Court recognized that "without jurisdiction the court cannot
proceed at all in any cause. Jurisdiction is power to declare the
law, and when it ceases to exist, the only function remaining to
the court is that of announcing the fact and dismissing the
cause."
The Plaintiff Mark Ensminger filed this action on behalf of himself
and other class members, asserting that Defendants Credit Law
Center, LLC, and Thomas Addleman violated 15 U.S.C. section
1679b(b) of the Credit Repair Organizations Act (CROA).
Credit Law is a reputable credit repair company.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zr2uWh at no extra
charge.[CC]
DELTA DEFENSE: Filing for Class Cert. Bid in John Suit Due June 13
------------------------------------------------------------------
In the class action lawsuit captioned as John, et al., v. Delta
Defense LLC, et al., Case No. 2:23-cv-01253 (E.D. Wisc., Filed
Sept. 21, 2023), the Hon. Judge Lynn Adelman entered a scheduling
order as follows:
-- The Plaintiffs' deadline to move for class
June 13, 2025 certification is:
The Defendants shall have until:
July 18, 2025 to respond, and
Plaintiffs shall have until
Aug. 8, 2025 to file a reply:
-- All requests for fact discovery shall be
Aug. 15, 2025 served by a date sufficiently
early so that all fact discovery can be
completed on or before:
-- Expert reports on the merits are due:
Sept. 26, 2025
-- Rebuttal expert reports on the merits are due:
Nov. 3, 2025
-- All requests for expert discovery shall be
Dec. 5, 2025 served by a date sufficiently early
so that all expert discovery can be completed
on or before:
-- Any dispositive motions and Daubert
Jan. 30, 2026 motions must be served and filed on
or before:
A copy of the Court's order dated Dec. 23-27, 2024, is available
from PacerMonitor.com at at no extra charge.[CC]
DENTALPLANS.COM: Appeals Summary Judgment Ruling in Bradley Suit
----------------------------------------------------------------
DENTALPLANS.COM is taking an appeal from a court order in the
lawsuit entitled Deborah Bradley, individually and on behalf of all
others similarly situated, Plaintiff, v. Dentalplans.com, et al.,
Defendants, Case No. 1:20-cv-01094-BAH, in the U.S. District Court
for the District of Maryland.
The suit is brought against the Defendants for alleged violations
of the Telephone Consumer Protection Act (TCPA).
On Sept. 6, 2023, the Plaintiff filed a motion to certify class.
On Oct. 11, 2023, Defendant Dentalplans.com filed a motion for
summary judgment.
On Jan. 2, 2024, the Plaintiff filed a motion for leave to file
surreply instanter, which Defendant Dentalplans.com opposed on Jan.
10, 2024.
On Jan. 6, 2024, Judge Brendan Abell Hurson entered an Order
granting the Plaintiff's motion for leave to file surreply
instanter, and the Defendant's motion to file a surreply. The Court
also granted the Plaintiff's motion for class certification and
denied Defendant DentalPlans's motion for summary judgment.
On June 17, 2024, DentalPlans moved the Court to certify for
interlocutory appeal the summary judgment portion of the Opinion
and corresponding implementing order, which Judge Hurson granted in
part and denied in part. The Court certified the portion of its
Order and Memorandum Opinion addressing whether the E-SIGN Act's
disclosure requirements apply to the TCPA. The remainder of the
case was stayed pending review from the United States Court of
Appeals for the Fourth Circuit.
The appellate case is captioned Dentalplans.com v. Deborah Bradley,
Case No. 24-270, in the United States Court of Appeals for the
Fourth Circuit, filed on December 30, 2024. [BN]
Plaintiff-Respondent DEBORAH BRADLEY, individually and on behalf of
all others similarly situated, is represented by:
Amanda J. Allen, Esq.
CONSUMER PROTECTION FIRM PLLC
401 East Jackson Street
Tampa, FL 33602
Telephone: (813) 500-1500
- and -
Alexander H. Burke, Esq.
Daniel J. Marovitch, Esq.
BURKE LAW OFFICES LLC
909 Davis Street
Evanston, IL 60201
Telephone: (312) 729-5288
- and -
Peter Albert Holland, Esq.
Emanwel Josef Turnbull, Esq.
HOLLAND LAW FIRM, PC
914 Bay Ridge Road
Annapolis, MD 21403
Telephone: (410) 280-6133
Defendants-Petitioners DENTALPLANS.COM, et al. are represented by:
Shanique Chanice Campbell, Esq.
Derin Bronson Dickerson, Esq.
ALSTON & BIRD, LLP
1201 West Peachtree Street
Atlanta, GA 30309
Telephone: (404) 881-7812
(404) 881-7454
- and -
Nicholas Allen Young, Esq.
ALSTON & BIRD, LLP
555 Fayetteville Street
Raleigh, NC 27601
Telephone: (919) 862-2291
DISTRICT OF COLUMBIA: Seeks More Time to File Class Cert Response
-----------------------------------------------------------------
In the class action lawsuit captioned as K.Y., et al., v. DISTRICT
OF COLUMBIA, et al., Case No. 1:24-cv-03056-CJN (D.D.C.), the
Defendants District of Columbia and Director of the Department of
Youth Rehabilitative Services Sam Abed ask the Court to enter an
order granting motion under Rule 6(b)(1)(A) for an extension of the
time to respond to Plaintiffs' motion for class certification and
appointment of class counsel from Jan. 7, 2025, to Jan. 10, 2025.
The Plaintiffs consent to this extension, subject to a
corresponding extension of their reply deadline from Jan. 14, 2025,
to Jan. 17, 2025.
District of Columbia is a compact city on the Potomac River,
bordering the states of Maryland and Virginia.
A copy of the Defendants' motion dated Jan. 2, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=KXKINb at no extra
charge.[CC]
The Defendants are represented by:
Amanda C. Pescovitz, Esq.
Brendan Heath, Esq.
400 6th Street, NW
Washington, DC 20001
Telephone: (202) 805-7495
E-mail: amanda.pescovitz1@dc.gov
ECHOPARK AUTOMOTIVE: Gerny and Hasbargen Suit Removed to W.D. Wash.
-------------------------------------------------------------------
The case styled STEPHEN GERNY, JR. and VALERIE HASBARGEN,
individually on behalf of themselves and all others similarly
situated, Plaintiffs v. ECHOPARK AUTOMOTIVE, INC., a for-profit
corporation; NORTHWEST MOTORSPORT, LLC., a for-profit corporation;
STEPHEN COSS, an individual, Defendants, Case No. 24-2-12819-6, was
removed from the Superior Court of the State of Washington for
Pierce County to the U.S. District Court for the Western District
of Washington on December 19, 2024.
The Clerk of Court for the Western District of Washington assigned
Case No. 2:24-cv-02108 to the proceeding.
The case arises from Defendants' alleged unlawful termination of
Plaintiff's employment. The Defendants allegedly failed to comply
the Worker Adjustment and Retraining Notification Act and the
Washington Consumer Protection Act.
EchoPark Automotive, Inc. is a used card dealer based in North
Carolina. [BN]
The Defendants are represented by:
Paul S. Smith, Esq.
Martin J. Pujolar, Esq.
FORSBERG & UMLAUF, P.S.
401 Union Street, Suite 1400
Seattle, WA 98101
Telephone: (206) 689-8500
E-mail: psmith@foum.law
mpujolar@foum.law
- and -
John P. Boggs, Esq.
Felix Zhuk, Esq.
80 Stone Pine Road, Ste. 210
Half Moon Bay, CA 94019
Telephone: (650) 712-8908
E-mail: jboggs@employerlawyers.com
fzhuk@employerlawyers.com
EVOLVE MSO: Website Not Accessible to the Blind, Gaspa Suit Says
----------------------------------------------------------------
VERONICA GASPA, on behalf of herself and all others similarly
situated v. Evolve MSO Holdings, LLC, Case No. 3:25-cv-00063
(D.N.J., Jan. 3, 2025) alleges that the Defendant failed to make
its digital properties accessible to legally blind individuals,
which violates the effective communication and equal access
requirements of Title III of the Americans with Disabilities Act.
Because Defendant's website, https://evolvemedspa.com, is not
equally accessible to blind and visually-impaired consumers, it
violates the ADA, the suit claims.
The Plaintiff visited the Evolvemedspa.com website, on December 6,
2024, in an attempt to book an appointment for a skincare
procedure. While navigating the website and exploring the available
services, she encountered numerous accessibility issues, including
pop-ups, poorly labeled interactive elements, and other barriers.
As a result, the navigation through the website turned to be
inefficient and the Plaintiff failed to complete the booking
process for an aesthetic treatment, the suit says.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
Ms. Gaspa is a blind, visually-impaired person and is therefore a
member of a protected class under the ADA,
Evolve offers medical spa procedures including skincare treatments,
injectable treatments, laser hair removal, body sculpting, and
skincare products.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
HOROWITZ LAW PLLC
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
E-mail: Uri@ Horowitzlawpllc.com
FAIRHOPE, AL: Benefield Suit Removed to S.D. Alabama
----------------------------------------------------
The case styled as Ridge Benefield, on behalf of itself and all
others similarly situated v. THE CITY OF FAIRHOPE, ALABAMA, a
Municipal Corporation, Case No. CV-2024-901732.00 was removed from
the Circuit Court of Baldwin County, Alabama, to the U.S. District
Court for the Southern District of Alabama on Jan. 6, 2025, and
assigned Case No. 1:25-cv-00009.
The Plaintiff's Complaint also includes several claims under state
law. Specifically, the Plaintiff alleges that Defendant violated
Section 223 of the Alabama Constitution, Alabama Legislative Act
No. 2006-300, Ala. Code § 45-2-243.80, and the City of Fairhope
Ordinance 1625.BN]
The Defendants are represented by:
Christopher S. Williams, Esq.
W. Bradley Smith, Esq.
HAND ARENDALL HARRISON SALE LLC
P.O. Box 1499
Fairhope, Alabama 36533
Phone: (251) 990-0079
Email: cwilliams@hanfirm.com
bsmith@handfirm.com
- and -
Emily B. Van Haneghan, Esq.
HAND ARENDALL HARRISON SALE LLC
P.O. Box 123
Mobile, Alabama 36601
Phone: (251) 432-5511
Email: evanhaneghan@handfirm.com
FLAGSTAR FINANCIAL: Garfield Sues Over Misleading Merger Documents
------------------------------------------------------------------
ROBERT GARFIELD, individually and on behalf of all others similarly
situated, Plaintiff v. FLAGSTAR FINANCIAL INC., f/k/a NEW YORK
COMMUNITY BANCORP, INC., THOMAS R. CANGEMI, JOHN J. PINTO, ROBERT
WANN, ALESSANDRO P. DINELLO, DOMINICK CIAMPA, HANIF W. DAHYA,
LESLIE D. DUNN, JAMES J. O'DONOVAN, LAWRENCE ROSANO, JR., RONALD A.
ROSENFELD, DAVID READWELL, and LAWRENCE J. SAVARESE, Defendants,
Case No. 1:24-cv-08655 (E.D.N.Y., December 19, 2024), asserts
non-fraud strict liability claims for relief under the Securities
Act of 1933 against New York Community Bancorp, Inc. (NYCB), and
negligence claims against certain current and former directors and
officers of NYCB and Flagstar.
According to the complaint, a merger was approved separately by
NYCB and Flagstar stockholders on August 4, 2021 pursuant to a
joint proxy statement and prospectus originally filed as part of
Form S-4 filed on June 11, 2021, as amended. However, the Offering
Documents issued to pitch the said merger were materially false and
misleading and omitted material facts both required by governing
Securities and Exchange Commission's regulations and necessary to
make the statements made not misleading.
Moreover, the Plaintiff alleges that the Offering Documents
misrepresented and omitted material facts regarding weaknesses in
NYCB's internal controls, ineffective oversight, risk assessment
and monitoring over its internal loan reviews; misrepresented that
the financial statements had been prepared in compliance with
Generally Accepted Accounting Principles which they were not, as
they materially overstated over-stated NYCB's income from
operations, goodwill, and total assets and understated NYCB's
expenses and losses; and misrepresented the quality and
effectiveness of the Company's underwriting and risk management
systems.
Flagstar Financial is a bank holding company headquartered in
Hicksville, NY. [BN]
The Plaintiff is represented by:
Laurence D. Paskowitz, Esq.
THE PASKOWITZ LAW FIRM P.C.
The Contour
97-45 Queens Boulevard, Ste. 1202
Rego Park, NY 11374
Telephone: (212) 685-0969
E-mail: lpaskowitz@pasklaw.com
- and -
Emily Komlossy, Esq.
KOMLOSSY LAW P.A.
3440 Hollywood Boulevard, Ste. 415
Hollywood, FL 33021
Telephone: (954) 842-2021
Facsimile: (954) 416-6223
E-mail: eck@komlossylaw.com
FREEPORT-MCMORAN INC: Rodriguez Labor Suit Removed to D. New Mexico
-------------------------------------------------------------------
The case styled EDDIE RODRIGUEZ, individually and on behalf of all
others similarly situated v. FREEPORT-MCMORAN, INC., Case No.
D-101-cv-24-02468, was removed from the First Judicial District
Court, Santa Fe County, to the U.S. District Court for the District
of New Mexico on November 14, 2024.
The Clerk of Court for the District of New Mexico assigned Case No.
1:24-cv-01160-KG-KK to the proceeding.
The case arises from the Defendant's alleged labor violations.
Freeport-McMoRan, Inc. is a mining company headquartered in
Phoenix, Arizona. [BN]
The Defendant is represented by:
Ann-Martha Andrews, Esq.
Tracy Ann Miller, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC
2415 East Camelback Road, Suite 800
Phoenix, AZ 85016
Telephone: (602) 778-3700
Facsimile: (602) 778-3750
Email: ann.andrews@ogletree.com
tracy.miller@ogletree.com
FULTON COUNTY, GA: Hambrick Seeks to Certify 'Rice Street' Class
----------------------------------------------------------------
In the class action lawsuit captioned as Nkengen Hambrick and
Shannon Jackson, on behalf of themselves, and others similarly
situated, v. Fulton County Sheriff Patrick Labat, in his official
capacity, and Fulton County Chief Jailer John Jackson, in his
official capacity, Case No. 1:24-cv-05658-SEG-CCB (N.D. Ga.), the
Plaintiffs ask the Court to enter an order granting motion to
certify The Rice Street Class consisting of:
"All persons that are currently or will be detained in Fulton
County Jail, address 901 Rice St., Atlanta, GA 30318, and who
require, seek, or undergo medical treatment while detained at
Fulton County Jail."
The Plaintiff seek declaratory and injunctive relief to remedy the
failure to provide adequate medical treatment, as well as the
failure to remedy the known hazards arising from the prevalence of
handmade shanks, non-working or dysfunctional cell door locks, and
unsanitary housing conditions.
Sheriff Patrick Labat serves as the 28th Sheriff of Fulton County,
Georgia overseeing a staff of 875 employees and manages an annual
budget.
A copy of the Plaintiffs' motion dated Jan. 2, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=I8PDBK at no
extra charge.[CC]
The Plaintiffs are represented by:
Michael D. Harper, Esq.
Patrick W. Leed, Esq.
HARPER LAW
Buckhead Village District
3017 Bolling Way, N.E.
Altanta, GA 30305
Telephone: (404) 271-6618
Facsimile: (404) 600-2146
E-mail: mharper@mharperlaw.com
pleed@mharperlaw.com
G-FORCE AIRCRAFT: Macedo FLSA Suit Transferred to D. New Mexico
---------------------------------------------------------------
The case captioned as German Macedo, individually and for others
similarly situated v. G-Force Aircraft Maintenance, Inc., Giovanni
Brullo, Case No. 0:23-cv-61904 was transferred from the U.S.
District Court for the Southern District of Florida, to the U.S.
District Court for the District of New Mexico on Jan. 3, 2025.
The District Court Clerk assigned Case No. 1:25-cv-00005-JFR-KK to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
G-Force Aircraft Maintenance -- https://gforceam.com/ -- is an
Airlines and Aviation, Airlines, Airports & Air Services, and
Transportation.[BN]
The Plaintiff is represented by:
Andrew W. Dunlap, Esq.
Michael A Josephson, Esq.
Richard Burch, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: (713) 352-1100
Fax: (713) 352-3300
Email: adunlap@mybackwages.com
mjosephson@mybackwages.com
rburch@brucknerburch.com
- and -
David I. Moulton, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Phone: (713) 877-8788
Fax: (713) 877-8065
Email: dmoulton@brucknerburch.com
- and -
C. Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Avenue, #1600
Orlando, FL 32801
Phone: (407) 418-2069
Email: rmorgan@forthepeople.com
The Defendant is represented by:
Abbye Erika Alexander, Esq.
KAUFMAN, DOLOWICH, VOLUCK
301 E. Pine Street, Suite 840
Orlando, FL 32801
Phone: (407) 789-0244
Email: aalexander@kdvlaw.com
- and -
Edwin Cruz, Esq.
Samuel Benjamin Menaged, Esq.
KAUFMAN DOLOWICH, LLP
100 SE 3rd Avenue, Suite 1500
Fort Lauderdale, FL 33394
Phone: (954) 302-2360
Fax: (888) 464-7982
Email: edwin.cruz@kaufmandolowich.com
benny.menaged@kaufmandolowich.com
GETTY IMAGES: Hunsicker Sues for Breach of Warrant Agreement
------------------------------------------------------------
LYDEN HUNSICKER, Plaintiff v. GETTY IMAGES HOLDINGS, INC.,
Defendant, Case No. 655911/2024 (N.Y. Sup., New York Cty., November
7, 2024) is an action to remedy Getty Images' refusal to honor the
terms of a Warrant Agreement associated with public warrants issued
by Getty Images.
According to the complaint, the breaches damaged Hunsicker (as well
as other similarly-situated public warrant holders) by Getty
Images' failure to permit the conversion of the warrants into
publicly traded shares of Getty Images common stock and at the same
time transferred that value to Getty Images and its insiders.
Getty Images' refusal to allow exercise of the Warrants on August
22, 2022, or at any time prior to the effectiveness of the Getty
Images' resale registration statement on Form S-1 on September 15,
2022, breached Getty Images contractual obligations to Hunsicker
and other warrant holders, asserts the complaint.
After a precipitous drop in Getty Images' stock price and Getty
Images insiders' receipt of the earn-out shares, on September 19,
2022, Getty Images notified Warrant holders that it would exercise
its right to redeem all outstanding Warrants for $0.01 each. The
Warrants ceased trading on October 19, 2022, and were delisted on
October 31, 2022.
Plaintiff Hunsicker brings this action to seek damages for the lost
profits he would have obtained if Getty Images had permitted him to
exercise Warrants held on August 22, 2022 or at any time prior to
the effectiveness of the Getty S-1. Rather than realize the value
of his Warrant position, Hunsicker was forced suffer losses on his
Warrants when they were redeemed for $0.01 each, says the suit.
Getty Images Holdings, Inc. operates as a holding company. The
Company, through its subsidiaries, supplies stock images, editorial
photography, video, and music for business and consumers
worldwide.[BN]
The Plaintiff is represented by:
Michael C. Rakower, Esq.
Travis J. Mock, Esq.
Daniel F. Gilpin, Esq.
RAKOWER LAW PLLC
260 Madison Ave., 15th Fl.
New York, NY 10016
Telephone: (212) 660-5550
E-mail: mrakower@rakowerlaw.com
tmock@rakowerlaw.com
dgilpin@rakowerlaw.com
- and -
Brian D. Hail, Esq.
ALLEN MATKINS LECK GAMBLE MALLORY
& NATISIS LLP
599 Lexington Ave., 38th Fl.
New York, NY 10022
Telephone: (212) 542-3400
E-mail: bhail@allenmatkins.com
HEALTH INSURANCE: Human Suit Removed to E.D. Missouri
-----------------------------------------------------
The case styled as Daniel Human, individually and on behalf of all
others similarly situated v. Health Insurance Alliance, LLC, Case
No. 24SL-CC07485 was removed from the Circuit Court of St. Louis
County, Missouri, to the U.S. District Court for the Eastern
District of Missouri on Jan. 3, 2025, and assigned Case No.
4:25-cv-00008.
In the Complaint, Plaintiff claims violations of Missouri's
telemarketing laws and the Telephone Consumer Protection Act
("TCPA"), arising from the purported phone calls he allegedly
received. The Plaintiff raises 4 causes of action in the Complaint:
Violations of the MDNC; Telephone Consumer Protection Act;
Violations of the TCPA; and Vicarious Liability.BN]
The Defendants are represented by:
V. Scott Williams, Esq.
Jared D. Howell, Esq.
HAMILTON WEBER, LLC
200 N. Third Street.
St. Charles, MO 63301
Phone: (636) 493-8495
Email: swilliams@hamiltonweber.com
jhowell@hamiltonweber.com
HP HOOD: Rubio Labor Suit Removed to E.D. Calif.
------------------------------------------------
The case styled BENJAMIN RUBIO, individually and on behalf of all
others similarly situated, Plaintiff v. HP HOOD, LLC, a Delaware
Limited Liability Company doing business in California; and DOES 1
through 50, inclusive, Defendants, Case No. 24CV022987, was removed
from the Superior Court of the State of California for the County
of Sacramento, to the U.S. District Court for the Eastern District
of California on December 19, 2024.
The Clerk of Court for the Eastern District of California assigned
Case No. 2:24-cv-03621-AC to the proceeding.
The case arises from Defendants' alleged violations of the
California Labor Code and the California Business and Professions
Code in connection with Defendants' unlawful pay practices.
HP Hood, LLC. is an American dairy company based in Lynnfield, MA.
[BN]
The Defendants are represented by:
Sander van der Heide, Esq.
Tashayla Billington, Esq.
CDF LABOR LAW LLP
900 University Avenue, Suite 200
Sacramento, CA 95825
Telephone: (916) 361-0991
E-mail: svanderheide@cdflaborlaw.com
tbillington@cdflaborlaw.com
HUMANA INC: Advocate Compels Defendant to Produce Docs & Data
-------------------------------------------------------------
In the class action lawsuit captioned as ADVOCATE AURORA HEALTH,
INC. and AURORA HEALTH CARE, INC., v. HUMANA INC., Case No.
3:24-mc-00012-RGJ-LLK (W.D. Ky., Nov. 1, 2024), the Plaintiffs file
a motion to compel Humana to produce documents and data.
Because the discovery that AAH seeks is plainly relevant and Humana
cannot articulate any legitimate objections, and because fact
discovery in the Uriel Action is underway with the parties due to
complete fact depositions in February 2025, AAH requests that the
Court compel Humana to comply with the Subpoena and produce all
responsive documents and data within fourteen days of the Court's
order.
The Plaintiffs claim that AAH violated Sections 1 and 2 of the
Sherman Act by exerting its purported market power to impose
certain contract terms on so-called "Network Vendors."
These Network Vendors include large commercial insurers like Humana
that assemble networks of healthcare providers and make those
networks available to employers like Plaintiffs. The provisions at
issue in AAH's agreements with Humana and other Network Vendors
allegedly required all of AAH's facilities to be included in all
plan offerings and restricted the Network Vendors' ability to steer
patients to other, supposedly lower-cost providers.
Movants Advocate Aurora Health, Inc. and Aurora Health Care, Inc.
are a non-profit health system that provides inpatient and
outpatient hospital services throughout Wisconsin.
Humana is an American for-profit health insurance company based in
Louisville, Kentucky.[BN]
The Plaintiffs are represented by:
Jeffrey S. Moad, Esq.
Daniel E. Danford, Esq.
STITES & HARBISON, PLLC
400 W. Market St., Ste. 1800
Louisville, KY 40202
Telephone: (502) 587-3400
E-mail: jmoad@stites.com
ddanford@stites.com
- and -
Anne Johnson Palmer, Esq.
Michael Ardeljan, Esq.
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111
Telephone: (415) 315-6300
E-mail: Anne.JohnsonPalmer@ropesgray.com
Michael.Ardeljan@ropesgray.com
HYUNDAI MOTOR: Appeals Arbitration Bid Denial in Hageman Suit
-------------------------------------------------------------
HYUNDAI MOTOR AMERICA, INC. is taking an appeal from a court order
denying its motion to compel arbitration in the lawsuit entitled
Brenda Hageman, et al., individually and on behalf of all others
similarly situated, Plaintiffs, v. Hyundai Motor America, Inc.,
Defendant, Case No. 8:23-cv-01045-HDV-KES, in the U.S. District
Court for the Central District of California.
The suit is brought against the Defendant for alleged design,
production, and sale of defective 2020-2022 Hyundai Palisade
vehicles that contain tow hitch wiring harness modules that catch
on fire.
On Apr. 24, 2024, the Defendant filed a motion to compel
arbitration, which Judge Hernan D. Vera denied on Dec. 10, 2024.
The appellate case is captioned Hageman, et al. v. Hyundai Motor
America, Inc., Case No. 24-7823, in the United States Court of
Appeals for the Ninth Circuit, filed on December 30, 2024.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on January 6,
2025;
-- Appellant's Appeal Transcript Order is due on January 17,
2025;
-- Appellant's Appeal Transcript is due on February 17, 2025;
-- Appellant's Appeal Opening Brief is due on March 17, 2025;
and
-- Appellee's Appeal Answering Brief is due on April 17, 2025.
[BN]
Plaintiffs-Appellees BRENDA HAGEMAN, et al., individually and on
behalf of all others similarly situated, are represented by:
Trinette G. Kent, Esq.
KENT LAW OFFICES
3219 E. Camelback Road, Suite 588
Phoenix, AZ 85018
Defendant-Appellant HYUNDAI MOTOR AMERICA, INC. is represented by:
William A. Delgado, Esq.
Shilpa A. Coorg, Esq.
DTO LAW
915 Wilshire Boulevard, Suite 1950
Los Angeles, CA 90017
J. JILL INC: Paul Berger Alleges Breach of Fiduciary Duties
-----------------------------------------------------------
PAUL BERGER REVOCABLE TRUST, Plaintiff, v. MICHAEL RAHAMIM, CLAIRE
SPOFFORD, ANDREW ROLFE, MICHAEL RECHT, MICHAEL ECK, SHELLEY MILANO,
JYOTHI RAO, COURTNEE CHUN, and TOWERBROOK CAPITAL PARTNERS L.P.,
Defendants, and J.JILL, INC., a Delaware corporation, Nominal
Defendant, Case No. 2024-1318 (Del. Ch., December 19, 2024), is a
class action lawsuit that accuses (a) Michael Rahamim, Claire
Spofford, Andrew Rolfe, Michael Recht, Michael Eck, Shelley Milano,
Jyothi Rao, and Courtnee Chun for breaching their fiduciary duties
as directors of J.Jill, Inc.; (b) Spofford for breaching her
fiduciary duties as Chief Executive Officer of J. Jill; and (c)
TowerBrook Capital Partners L.P. for aiding and abetting the
Board's breaches of fiduciary duty.
The Plaintiff seeks expedited proceedings and a prompt hearing on a
forthcoming motion for preliminary injunction to prevent TowerBrook
from regaining control over J.Jill using the J.Jill's funds and
depriving the J.Jill's public stockholders of their right to
receive a control premium. Plaintiff also seeks monetary damages
resulting from Defendants' breaches of fiduciary duty and aiding
and abetting thereof after a full and prompt trial.
Headquartered in Quincy, MA, J.Jill is a lifestyle brand that
provides apparel, footwear, and accessories. [BN]
The Plaintiff is represented by:
Michael J. Barry, Esq.
Christine M. Mackintosh, Esq.
Vivek Upadhya, Esq.
GRANT & EISENHOFER P.A.
123 Justison Street
Wilmington, DE 19801
Telephone: (302) 622-7000
JACOB SECORE: Wins Bid for Judgment on Pleadings in Alexander
--------------------------------------------------------------
In the class action lawsuit captioned as LEE ALEXANDER, v. JACOB
SECORE, Case No. 2:24-cv-00704-CFK (E.D. Pa.), the Hon. Judge Chad
Kenney entered an order granting the Defendant's motion for
judgment on the pleadings, and dismissing the negligence claim
against the Defendant class for lack of standing.
Because the Plaintiff has failed to establish standing in this case
against defendants other than Secore, discussed infra, the class
certification analysis in unnecessary.
Since Plaintiff has no standing against the defendant class which
is evident on the pleadings, the class allegations in the Complaint
cannot lie.
The Plaintiff challenges the procedural vehicles Defendant employs
in the Motion, namely, that Federal Rule of Civil Procedure 12(c)
does not permit the relief Defendant requests, and Rule 12(f) is
unavailable to strike the class allegations. The Court grants the
Rule 12(c) motion for judgment on the pleadings.
A copy of the Court's memorandum dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=gLaTle at no extra
charge.[CC]
JAM FOOD DISTRIBUTORS: Gaspa Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
Veronica Gaspa, on behalf of himself and all others similarly
situated v. Jam Food Distributors Corp., Case No. 3:25-cv-00066
(E.D.N.Y., Jan. 3, 2025), is brought arising from the Defendant's
failure to make its digital properties accessible to legally blind
individuals, which violates the effective communication and equal
access requirements of Title III of the Americans with Disabilities
Act ("ADA").
Because Defendant's website,
https://www.livotisoldworldmarket.com/, (the "Website" or
"Defendant's website"), is not equally accessible to blind and
visually-impaired consumers, it violates the ADA. Plaintiff seeks a
permanent injunction to cause a change in Defendant's corporate
policies, practices, and procedures so that Defendant's website
will become and remain accessible to blind and visually impaired
consumers. Defendants Website, and its online information, is
heavily integrated with its brick and mortar locations, says the
complaint.
The Plaintiff is visually impaired and legally blind.
The Defendant operates the Livotisoldworldmarket.com online retail
store and advertises, markets, and operates in the State of New
Jersey and throughout the United States.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Phone: 718.705.8706
Fax: 718.705.8705
Email: Uri@Horowitzlawpllc.com
JOINT STOCK: Faces Krivenok Suit Over Securities Law Violations
---------------------------------------------------------------
DMITRY KRIVENOK, individually, and on behalf of all others
similarly situated, Plaintiff v. JOINT STOCK COMPANY KASPI.KZ,
MIKHEIL LOMTADZE, and TENGIZ MOSIDZE, Defendants, Case No.
2:24-cv-10926 (C.D. Cal., December 19, 2024) seeks to recover
compensable damages caused by Defendants' violations of the federal
securities laws under the Securities Exchange Act of 1934.
The Plaintiff brings this class action on behalf of persons or
entities who purchased or otherwise acquired publicly traded
Kaspi.kz securities between January 19, 2024 and September 19, 2024
inclusive. Throughout the said period, the Defendants made false
and/or misleading statements and/or failed to disclose that: (1)
Joint Stock Company Kaspi.kz continued doing business with Russian
entities, and also providing services to Russian citizens, after
Russia's 2022 invasion of Ukraine, thereby exposing the Company to
the undisclosed risk of sanctions; (2) the Company engaged in
undisclosed related party transactions; and (3) certain of the
Company's executives have links to reputed criminals.
Headquartered in Kazakhstan, Joint Stock Company works in
financial services by providing digital applications to users which
can be used for purposes such as making purchases and transferring
money. The company's American Depositary Shares trade on the NASDAQ
Exchange under the ticker symbol "KSPI". [BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
E-mail: lrosen@rosenlegal.com
KALAMAZOO, MI: Hughes Brings Appeal to Michigan Appeals Court
-------------------------------------------------------------
SCHARLA HUGHES has filed a n appeal in the lawsuit entitled Scharla
Hughes, individually and on behalf of all others similarly
situated, Plaintiff, v. County of Kalamazoo, Defendant, in the U.S.
District Court for the Kalamazoo Circuit Court.
The appellate case is captioned Scharla Hughes vs. County of
Kalamazoo, Case No. 373867, in the Michigan Court of Appeals, filed
on December 27, 2024. [BN]
Plaintiff-Appellant SCHARLA HUGHES, on behalf of herself and all
others similarly situated, is represented by:
Sharon S. Almonrode, Esq.
E. Powell Miller, Esq.
MILLER LAW
211 W. Fort St., Suite 705
Detroit, MI 48226
Telephone: (248) 453-1631
Facsimile: (248) 652-2852
- and -
Matthew E. Gronda, Esq.
4800 Fashion Square Boulevard, Suite 200
Saginaw, MI 48604
Telephone: (989) 233-1639
- and -
Philip L. Ellison, Esq.
OUTSIDE LEGAL COUNSEL PLC
530 West Saginaw St.
Hemlock, MI 48626
Telephone: (989) 642-0055
Defendant-Appellee COUNTY OF KALAMAZOO is represented by:
Allan C. Vanderlaan, Esq.
CUMMINGS, MCCLOREY, DAVIS & ACHO PLC
2851 Charlevoix Drive, S.E., Suite 203
Grand Rapids, MI 49546
Telephone: (616) 975-7470
LA CABRA ROASTERY: Reyes Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Nathalie Reyes, on behalf of herself and all others similarly
situated v. La Cabra Roastery, LLC, Case No. 1:25-cv-00057 (N.D.
Ill., Jan. 3, 2025), is brought against the Defendants for their
failure to design,
construct, maintain, and operate their website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services Dr. Reddy's Laboratories provides to their non-disabled
customers through https://www.us.lacabra.com (hereinafter
"Us.lacabra.com" or "the website"). Defendant's denial of full and
equal access to its website, and therefore denial of its products
and services offered, and in conjunction with its physical
locations, is a violation of Plaintiff's rights under the Americans
with Disabilities Act (the "ADA").
Because Defendant's website, Us.lacabra.com, is not equally
accessible to blind and visually-impaired consumers, it violates
the ADA. Plaintiff seeks a permanent injunction to cause a change
in La Cabra Roastery's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using her
computer.
Menolabs.com is a commercial website that offers products and
services for online sale.[BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN LAW PLLC
2377 56th LY,
Brooklyn, NY 11234
Phone: +1 (718) 914-9694
Email: acohen@ashercohenlaw.com
LEVI STRAUSS & CO: Casillas Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Levi Strauss & Co.
The case is styled as Miltita Casillas, individually and on behalf
of all others similarly situated v. Levi Strauss & Co., a Delaware
entity, d/b/a WWW.LEVI.COM, Case No. 25CU000499C (Cal. Super. Ct.,
San Diego Cty., Jan. 3, 2025).
Levi Strauss & Co. -- https://www.levistrauss.com/ -- is an
American clothing company known worldwide for its Levi's brand of
denim jeans.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
LEXMARK INT'L: Rodriguez Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Lexmark Int'l, Inc.
The case is styled as Emily Rodriguez, individually and on behalf
of all others similarly situated v. Lexmark Int'l, Inc. d/b/a
WWW.LEXMARK.COM, Case No. 25CU000617C (Cal. Super. Ct., San Diego
Cty., Jan. 3, 2025).
Lexmark International, Inc. -- https://www.lexmark.com/ --
develops, manufactures, and supplies printing and imaging solutions
for offices and homes.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
LISA WOLFE: Filing for Class Cert Bid Response Extended
--------------------------------------------------------
In the class action lawsuit captioned as Weinberg et al v. Lisa
Wolfe, et al., Case No. 1:24-cv-13035 (D. Mass., Filed Dec. 9,
2024), the Hon. Judge William G. Young entered an order granting
motion for extension of time to file response / reply as to motion
for class certification.
The suit alleges violation of the Civil Rights Act.[CC]
LUXOTTICA OF AMERICA: Bradley Sues Over False Reference Prices
--------------------------------------------------------------
DIONTE BRADLEY, individually and on behalf of all others similarly
situated, Plaintiff v. LUXOTTICA OF AMERICA, INC. D/B/A SUNGLASS
HUT, Defendant, Case No. 3:24-cv-02401-L-AHG (S.D. Cal., December
19, 2024) arises from Defendant's alleged deceptive pricing
scheme.
Plaintiff Bradley alleges that the Defendant falsely inflated the
reference prices of its products in order to give the illusion of
higher value, bigger discounts, and a false sense of time pressure.
Accordingly, the Plaintiff asserts claims for fraud, negligent
misrepresentation, breach of contract, unjust enrichment, and for
violations of California's Consumer Legal Remedies Act, False
Advertising Law, and Unfair Competition Law.
Luxottica of America, Inc. d/b/a Sunglass Hut is a Delaware
corporation with its headquarters located at 4000 Luxottica Place
in Mason, OH. [BN]
The Plaintiff is represented by:
Kyle McLean, Esq.
Lisa R. Considine, Esq.
David J. DiSabato, Esq.
Leslie Pescia, Esq.
700 Flower Street, Suite 1000
Los Angeles, CA 90017
Telephone: (212) 532-1091
Facsimile: (646) 417-5967
E-mail: kmclean@sirillp.com
lconsidine@sirillp.com
ddisabato@sirillp.com
lpescia@sirillp.com
MAINS'L CALIFORNIA: Fails to Pay Minimum & OT Wages, Yang Claims
----------------------------------------------------------------
Natalie Yang, individually and on behalf of all similarly situated
individuals v. Mains'l California, LLC., a California Limited
Liability Company; Mains'l Services, Inc., a Minnesota Corporation;
and Does 1-10, inclusive, Case No. 24CV03708 (Cal. Super., Nov. 1,
2024) alleges that the Defendants have a common policy and practice
of failing to pay Class Members at least minimum wages for all
hours worked.
The suit says that, as a matter of uniform and systemic policy, the
Defendants failed to authorize and/or permit non-exempt employees
to take bona fide meal and rest breaks pursuant to Labor Code
section 226.7.
The Defendants required its non-exempt employees to work through
their legally mandated meal and/or rest period or remain on duty
and under Defendants' control during their meal and/or rest periods
to perform other tasks at Defendants' directions, the suit adds.
Additionally, the Plaintiff and other Class Members were not paid
overtime premiums for all of the hours they worked in excess of
eight hours in a day, in excess of 12 hours in a day, in excess of
eight hours on the seventh consecutive day of work in a workweek,
and in excess of 40 hours in a week due to off-the-clock work and
rounding, the suit says.
As a result of Defendants' failure and refusal to comply with
California law, the Plaintiff and Class Members are entitled to
recover actual and liquidated damages for the unpaid time, plus
injunctive relief and reasonable attorney's fees and costs.
The Plaintiff began her employment on Aug. 20, 2022 where she is
currently employed as a direct support worker.
Mains'l provides a variety of services to the special needs
communities of CA, AK and MN.[BN]
The Plaintiff is represented by:
Elliot J. Siegel, Esq.
Julian Burns King, Esq.
KING & SIEGEL LLP
724 South Spring Street, Suite 201
Los Angeles, CA 90014
Telephone: (213) 465-4802
Facsimile: (213) 465-4803
E-mail: elliot@kingsiegel.com
julian@kingsiegel.com
- and -
Navid Barahmand, Esq.
BARAHMAND LAW GROUP
7324 Sepulveda Boulevard, Suite B
Van Nuys, CA 91405
Telephone: (818) 574-3355
Facsimile: (818) 573-3757
E-mail: navid@barahmandlaw.com
MASSAGE LUXE: Gaspa Sues Over Blind-Inaccessible Website
--------------------------------------------------------
Veronica Gaspa, on behalf of himself and all others similarly
situated v. Massage Luxe International, LLC, Case No. 3:25-cv-00068
(E.D.N.Y., Jan. 3, 2025), is brought arising from the Defendant's
failure to make its digital properties accessible to legally blind
individuals, which violates the effective communication and equal
access requirements of Title III of the Americans with Disabilities
Act ("ADA").
Because Defendant's website, https://massageluxe.com, (the
"Website" or "Defendant's website"), is not equally accessible to
blind and visually-impaired consumers, it violates the ADA.
Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually impaired consumers. Defendants Website, and its online
information, is heavily integrated with its brick and mortar
locations, says the complaint.
The Plaintiff is visually impaired and legally blind.
Massage Luxe International, LLC, operates the Massageluxe.com
online spa center across the United States.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Phone: 718.705.8706
Fax: 718.705.8705
Email: Uri@Horowitzlawpllc.com
MCCUEN CONSTRUCTION: Sterling Suit Removed to E.D. California
-------------------------------------------------------------
The case styled as FLOYD STERLING, on behalf of himself and all
others similarly situated v. MCCUEN CONSTRUCTION INC. a California
corporation; and DOES 1 through 100, inclusive Case No.
S-CV-0054093 was removed from the Superior Court of the State of
California, County of Placer, to the U.S. District Court for the
Eastern District of California on Jan. 6, 2025, and assigned Case
No. 2:25-at-00026.
In the Complaint, Plaintiff alleges, on behalf of himself and all
others similarly situated, six total causes of action, four of
which are for various violations of the California Labor Code, one
for "Unfair Competition" under California Business & Professions
Code, and one for civil penalties under the Private Attorneys
General Act ("PAGA") for violations of the Labor Code.[BN]
The Defendants are represented by:
Aaron B. Silva, Esq.
Matthew H. Green, Esq.
MURPHY AUSTIN ADAMS SCHOENFELD LLP
555 Capitol Mall, Suite 850
Sacramento, CA 95814
Phone: (916) 446-2300
Facsimile: (916) 503-4000
Email: asilva@murphyaustin.com
mgreen@murphyaustin.com
MCMURRY UNIVERSITY: Fails to Protect Students' Info, Marquez Says
-----------------------------------------------------------------
OLIVIA MARQUEZ, on behalf of herself and all others similarly
situated v. MCMURRY UNIVERSITY, Case No. 1:25-cv-00002-H (N.D.
Tex., Jan. 3, 2025) is a class action arising from McMurry's
failure to protect highly sensitive data.
Between June 18 and June 20, 2024, the Defendant was hacked in the
Data Breach. Current and former students' PII was compromised and
stolen, including their names and Social Security numbers. The
putative consists of at least 17,881 individuals -- including
Defendant's current and former students. The Defendant did not
discover the Data Breach until June 20, 2024, meaning
cybercriminals had unfettered access to Defendant's systems and
students' PII for an entire two days. And yet, the Defendant waited
until Dec. 23, 2024, before it began notifying the class -- a more
than six months after the Data Breach began, the suit says.
Because of Defendant's Data Breach, the Plaintiff has suffered --
and will continue to suffer from -- anxiety, sleep disruption,
stress, fear, and frustration. Such injuries go far beyond
allegations of mere worry or inconvenience, avers the Plaintiff .
Plaintiff Marquez is a former student of Defendant. As a condition
of enrolling at McMurry University and receiving educational
services from Defendant, the Plaintiff provided Defendant with her
PII.
The Defendant is a United Methodist institution founded in 1923 and
currently enrolls more than 1,100 students.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
MDL 2873: AFFF/TOG Products "Defective," Dennis Suit Alleges
------------------------------------------------------------
DANIEL DENNIS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06452-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Dennis case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: AFFF/TOG Products Can Cause Cancer, Ramirez Suit Alleges
------------------------------------------------------------------
JOE RAMIREZ, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06467-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam and firefighter turnout gear containing
fluorochemical products. The Defendants failed to use reasonable
and appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their AFFF and TOG products and also failed to warn military and/or
civilian firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Ramirez case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: AFFF/TOG Products Harmful to Human Health, Lawson Claims
------------------------------------------------------------------
DAVID LAWSON, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06457-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with testicular cancer.
The Lawson case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Baker Sues Over AFFF/TOG Products' Risk to Human Health
-----------------------------------------------------------------
GEORGE BAKER, JR., individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06451-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with testicular cancer.
The Baker case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Bardorf Suit Claims PFAS Exposure From AFFF/TOG Products
------------------------------------------------------------------
DOUGLAS BARDORF, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06466-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Bardorf case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Blackwood Sues Over Injury Sustained From AFFF Products
-----------------------------------------------------------------
PETER BLACKWOOD, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06449-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with testicular cancer.
The Blackwood case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Clairmont Sues Over Injury Sustained From AFFF Products
-----------------------------------------------------------------
ROBERT CLAIRMONT, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06475-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Clairmont case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Exposed AFFF/TOG Products' Users to PFAS, Gable Alleges
-----------------------------------------------------------------
CHRISTOPHER GABLE, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06458-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Gable case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Exposed Firefighters to Toxic Products, Dibble Suit Says
------------------------------------------------------------------
GREGORY DIBBLE, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06459-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Dibble case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Faces Gaskins Suit Over AFFF/TOG Products' PFAS Exposure
------------------------------------------------------------------
MATTHEWS GASKINS, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06455-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Gaskins case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Faces Kemple Suit Over AFFF/TOG Products' Toxic Elements
------------------------------------------------------------------
TOM KEMPLE, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06471-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam and firefighter turnout gear containing
fluorochemical products. The Defendants failed to use reasonable
and appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their AFFF and TOG products and also failed to warn military and/or
civilian firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Kemple case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Faces Porterfield Suit Over AFFF Products' Design Defect
------------------------------------------------------------------
KYLE PORTERFIELD, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining
and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06450-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Porterfield case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Faces Rapozo Suit Over Toxic Effects of AFFF/TOG Products
-------------------------------------------------------------------
BRETT RAPOZO, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06460-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Rapozo case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Guster Suit Claims Toxic Exposure From AFFF/TOG Products
------------------------------------------------------------------
LAWRENCE GUSTER, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06468-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Guster case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Harlan Sues Over Firefighters' Exposure to Toxic Products
-------------------------------------------------------------------
DAVID HARLAN, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06454-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Harlan case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Henry Sues Over Exposure to PFAS From AFFF/TOG Products
-----------------------------------------------------------------
ALAN HENRY, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06456-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Henry case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Nuno Sues Over Side Effects of Using AFFF/TOG Products
----------------------------------------------------------------
ADAN NUNO, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06453-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Nuno case has been consolidated in MDL No. 2873, In Re: Aqueous
Film-Forming Foams Products Liability Litigation. The case is
assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Oakes Sues Over Exposure to PFAS From AFFF/TOG Products
-----------------------------------------------------------------
RANDY OAKES, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06472-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Oakes case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Robbins Sues Over AFFF/TOG Products' Harmful Effects
--------------------------------------------------------------
JEFF ROBBINS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06465-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam and firefighter turnout gear containing
fluorochemical products. The Defendants failed to use reasonable
and appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their AFFF and TOG products and also failed to warn military and/or
civilian firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Robbins case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Wells Suit Claims Complications From AFFF/TOG Products
----------------------------------------------------------------
ROBERT WELLS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06448-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) and firefighter turnout gear (TOG)
containing fluorochemical products. The Defendants failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of their AFFF and TOG products and also failed to warn
military and/or civilian firefighters, including the Plaintiff, who
they knew would foreseeably come into contact with their products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, the Plaintiff was exposed
to toxic chemicals and was diagnosed with kidney cancer.
The Wells case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 2873: Zinn Suit Alleges Complications From AFFF/TOG Products
----------------------------------------------------------------
SCOTT ZINN, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION,
individually and as successor in interest to Ciba, Inc.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB GARMENT,
INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE
SERVICE PLUS, INC.; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCT USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MINE
SAFETY APPLIANCES CO., LLC, MUNICIPAL EMERGENCY SERVICES, INC.;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES
CORPORATION; RICOCHET MANUFACTURING CO., INC; SAFETY COMPONENTS
FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; WITMER PUBLIC SAFETY GROUP, INC.; and DOE DEFENDANTS 1-20,
fictious names whose present identities are unknown, Defendants,
Case No. 2:24-cv-06474-RMG (D.S.C., November 14, 2024) is a class
action against the Defendants for negligence, past and continuing
trespass and battery, inadequate warning/failure to warn, design
defect, strict liability, fraudulent concealment, breach of express
and implied warranties, gross negligence wanton and willful
conduct, negligence per se, fraudulent transfer, negligent
misrepresentation, negligent infliction of emotional distress, and
intentional and reckless infliction of emotional distress.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam and firefighter turnout gear containing
fluorochemical products. The Defendants failed to use reasonable
and appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their AFFF and TOG products and also failed to warn military and/or
civilian firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Zinn case has been consolidated in MDL No. 2873, In Re: Aqueous
Film-Forming Foams Products Liability Litigation. The case is
assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
CB Garment, Inc. is a manufacturer of safety equipment in Oregon.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Daikin America, Inc. is a chemicals company in New York.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Fire Service Plus, Inc. is a provider of fire safety services and
equipment in Georgia.
Fire-Dex, LLC is a provider of fire safety services and equipment
in Ohio.
Globe Manufacturing Company LLC is a provider of fire safety
services and equipment in New Hampshire.
Honeywell Safety Product USA, Inc. is a provider of fire safety
services and equipment in Rhode Island.
Innotex Corp. is a manufacturer of firefighting equipment in
Alabama.
Johnson Controls, Inc. is a global diversified technology and
industrial business company in Wisconsin.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
L.N. Curtis & Sons is a manufacturer of fire safety products in
Utah.
Lion Group, Inc. is a protective clothing supplier in Vandalia,
Ohio.
Mallory Safety and Supply LLC is a safety equipment supplier in
Portland, Oregon.
Milliken & Company is a chemical industry company in South
Carolina.
Mine Safety Appliances Co., LLC is a manufacturer of fire safety
products in Pennsylvania.
Municipal Emergency Services, Inc. is a public safety company
offering fire equipment services based in Utah.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
PBI Performance Products, Inc. is a manufacturer of firefighting
equipment in North Carolina.
Perimeter Solutions, LP is a chemicals company in Missouri.
Raytheon Technologies Corporation is an aerospace and defense
company in Virginia.
Ricochet Manufacturing Co., Inc. is manufacturer of firefighting
equipment in Pennsylvania.
Safety Components Fabric Technologies, Inc. is a manufacturer of
firefighting equipment in South Carolina.
Southern Mills, Inc. is a manufacturer of protective clothing
fabric for industrial and military use in Georgia.
Stedfast USA, Inc. is a manufacturer of protective barrier
technologies in Tennessee.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida.
Veridian Limited is a manufacturer of fire protective equipment in
Iowa.
W.L. Gore & Associates, Inc. is an American multinational
manufacturing company in Delaware.
Witmer Public Safety Group is a safety equipment supplier in
Pennsylvania. [BN]
The Plaintiff is represented by:
Nicholas Wilson, Esq.
THE DRISCOLL FIRM, PC
434 Fayetteville Street, Suite 560
Raleigh, NC 27601
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: nicholas@thedriscollfirm.com
- and -
John J. Driscoll, Esq.
THE DRISCOLL FIRM, LLC
1311 Avenida Ponce de Leon, Suite 501
San Juan, PR 00907
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: john@thedriscollfirm.com
- and -
Heidi J. Johnson, Esq.
THE DRISCOLL FIRM, PC
211 N. Broadway, Ste. 4050
St. Louis, MO 63102
Telephone: (314) 932-3232
Facsimile: (314) 932-3233
Email: heidi@thedriscollfirm.com
MDL 3004: Cox v. B&R Included in Paraquat Products Liability Row
----------------------------------------------------------------
In the multi-district action captioned "In Re: Paraquat Products
Liability Litigation," MDL No. 3004, Judge Karen K. Caldwell,
Chairperson of the U.S. Judicial Panel on Multidistrict Litigation,
transfers the case styled as "Cox v. B&R Aerial Crop Care, Inc., et
al.," C.A. No. 2:24−01462, (W.D. Wash.) to the U.S. District
Court for the Southern District of Illinois and, with the consent
of that court, assigned to Judge Nancy J. Rosenstengel for
inclusion in coordinated or consolidated pretrial proceedings.
Cox moved to vacate the order that conditionally transferred the
action to MDL No. 3004 while defendants Syngenta Crop Protection
LLC and Chevron U.S.A. Inc. opposed the motion to vacate.
The actions in the MDL share factual questions arising from
allegations that exposure to the herbicide paraquat caused
plaintiffs to suffer Parkinson's disease.
Plaintiff in the Cox action alleges that the decedent's use of
paraquat caused him to develop Parkinson's disease, thus, falling
squarely within the scope of the MDL, notes the panel.
In support of her motion to vacate, the plaintiff principally
argues that her action was improperly removed from state court, and
that the transferor court should decide her motion for remand.
However, the panel rules that such jurisdictional objections
generally do not present an impediment to transfer of
factually-related cases, as plaintiff can present these arguments
to the transferee judge. The transferee court has ruled on several
motions for remand to state court and is fully capable of
addressing any novel issues presented by plaintiff's motion, it
adds.
A full-text copy of the court's December 11, 2024 Transfer Order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3004-Transfer_Order-12-24.pdf
MDL 3010: Rumble v. Google Included in Digital Ads Antitrust Row
----------------------------------------------------------------
In the multi-district action captioned "In Re: Google Digital
Advertising Antitrust Litigation," MDL No. 3010, Judge Karen K.
Caldwell, Chairperson of the U.S. Judicial Panel on Multidistrict
Litigation, transfers the case docketed as "Rumble Canada, Inc. v.
Google LLC, et al.," C.A. No. 5:24−02880 (N.D. Cal.) to the U.S.
District Court for the Southern District of New York, and with the
consent of that court, assigned to Judge P. Kevin Castel for
coordinated or consolidated pretrial proceedings.
Google LLC and Alphabet, Inc. moved to vacate the order
conditionally transferring the action, while Rumble Canada Inc.
opposed the motion and supported transfer.
The MDL concerns Google's alleged monopolization and suppression of
competition in online display advertising, an industry that
involves high-speed electronic trading venues called "exchanges"
that advertisers and online publishers use to manage the buying and
selling of ad space on web sites and mobile apps. The MDL alleges
that Google has monopolized or suppressed competition in digital
display advertising and that Google allegedly runs the largest ad
exchange and has engaged in numerous kinds of unlawful acts to
suppress competition, causing injuries to advertisers and
publishers that participate in its exchange by imposing
supra-competitive pricing and depriving them of revenue.
The panel notes that Rumble alleges many of the same business
practices as the MDL plaintiffs in support of its claim that Google
has violated federal antitrust law -- for example, unlawful tying
of its ad exchange to its ad server for publishers and an unlawful
agreement to undermine the alleged "header bidding" threat to
Google's ad exchange. The federal antitrust claims in Rumble --
monopolization, attempted monopolization, unlawful tying, and
unlawful agreement in restraint of trade -- also overlap with the
federal antitrust claims in the MDL, adds the panel.
In opposition to transfer, Google principally argues that
individual questions of fact in Rumble predominate over common ones
because Rumble will focus on online video advertising, which Google
asserts may differ from online display advertising, which Google
asserts may differ from online display advertising; the MDL is too
procedurally advanced to include Rumble; and informal coordination
is an adequate alternative to achieve efficiencies.
However, the panel finds these arguments unpersuasive.
The panel rules that Google's assertion that the MDL does not
include online video advertising issues is inaccurate. The Inform
tag-along action in the MDL involves an online video company
alleging that Google has monopoly power in the market for online
video advertising -- allegations that overlap with the video
advertising allegations in the Rumble action.
The advanced status of the MDL does not weigh against transfer, the
panel says. Significant pretrial proceedings in the MDL remain.
Expert discovery is ongoing, and summary judgment briefing has not
yet begun. Furthermore, the voluminous fact discovery previously
produced in the MDL likely is relevant to Rumble's claims. The
transferee court is in the best position to supervise the hearing
of that common discovery.
Informal coordination is also not an efficient alternative to
transfer considering these circumstances, the panel notes.
"If the transferee judge finds at any point during the pretrial
proceedings that inclusion of Rumble will not serve the convenience
of the parties and witnesses or promote the just and efficient
conduct of this litigation, Section 1407 remand of the action to
its transferor court can be accomplished with a minimum of delay,"
rules the panel.
A full-text copy of the court's December 12, 2024 order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3010-Transfer_Order-12-24.pdf
MDL 3014: King v. Cornerstone Transferred to W.D. Pa.
-----------------------------------------------------
In the multi-district action captioned "In Re: Philips Recalled
CPAP, Bi-Level PAP and Mechanical Ventilator Products Liability
Litigation," MDL No. 3014, Judge Karen K. Caldwell, Chairperson of
the U.S. Judicial Panel on Multidistrict Litigation, transfers the
case styled as "King v. Cornerstone Medical Services, et al.," C.A.
No. 5:24−01344, from the U.S. District Court for the Northern
District of Ohio to the Western District of Pennsylvania, and, with
the consent of that court, assigned to Judge Joy Flowers Conti for
coordinated or consolidated pretrial proceedings.
The plaintiff in the King case moved to vacate order that
conditionally transferring the case to the Western District of
Pennsylvania for inclusion in MDL No. 3014, while defendants
Philips RS North America LLC and Philips RS North America Holding
Corporation opposed the motion.
The actions in the MDL share factual questions arising from
Philips' recall of certain Continuous Positive Airway Pressure
(CPAP), Bi-Level PAP, and mechanical ventilator devices on June 14,
2021. The recalled devices allegedly contain PE-PUR sound abatement
foam that may degrade into particles or off-gas volatile organic
compounds that may then be ingested or inhaled by the user, causing
injury.
Like the actions in the MDL, the King case will involve factual
questions relating to the recall of the Philips CPAP devices and
the alleged defect that can result in PE-PUR foam degrading or
off-gassing and injuring the user, rules the panel. "Indeed, we
transferred Plaintiff King’s previous action to the MDL, in which
he asserted substantially identical claims," the panel added.
A full-text copy of the court's December 12, 2024 order is
available at
https://www.jpml.uscourts.gov/sites/jpml/files/MDL-3014-Transfer_Order-12-24.pdf
MERRILL LYNCH: Appeals Class Cert. Order in Iowa Suit to 2nd Cir.
-----------------------------------------------------------------
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, et al. are
taking an appeal from a court order granting the Plaintiffs' motion
to certify class in the lawsuit entitled Iowa Public Employees'
Retirement System, et al., individually and on behalf of all others
similarly situated, Plaintiffs, v. Merrill Lynch, Pierce, Fenner &
Smith Incorporated, et al., Defendants, Case No. 1:17-cv-6221, in
the U.S. District Court for the Southern District of New York.
The Plaintiffs filed an initial complaint on August 16, 2017, and
the amended complaint on November 17, 2017, bringing claims of (i)
conspiracy to restrain trade in violation of Section 1 of the
Sherman Act; and (ii) unjust enrichment in violation of New York
law. The Defendants then in the case jointly moved to dismiss; the
motion was denied; and the case proceeded to discovery.
On February 22, 2021, the Plaintiffs filed the instant motion,
seeking class certification and appointment of lead counsel.
On June 30, 2022, Magistrate Judge Sarah L. Cave issued a 71-page
Report and Recommendation (the "Report"), in which she recommended
that the motion for class certification brought by the Plaintiffs
in this antitrust class action be granted in part and denied in
part.
Accordingly, Judge Katherine Polk Failla certified the Class in the
form recommended by Judge Cave, except that the Class Period shall
encompass January 1, 2012, through November 17, 2017.
The appellate case is captioned Merrill Lynch, Pierce, Fenner &
Smith Incorporated v. Iowa Public Employees' Retirement System,
Case No. 24-3342, in the U.S. Court of Appeals for the Second
Circuit, filed on December 27, 2024. [BN]
Plaintiffs-Respondents IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, et
al., on behalf of themselves and all others similarly situated, are
represented by:
Michael B. Eisenkraft, Esq.
Christopher Bateman, Esq.
David O. Fisher, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
88 Pine Street, 14th Floor
New York, NY 10005
Telephone: (212) 838-7797
Facsimile: (212) 838-7745
Email: meisenkraft@cohenmilstein.com
cbateman@cohenmilstein.com
dfisher@cohenmilstein.com
- and -
Kit A. Pierson, Esq.
Julie Goldsmith Reiser, Esq.
Richard A. Koffman, Esq.
Emmy L. Levens, Esq.
Daniel McCuaig, Esq.
Robert W. Cobbs, Esq.
1100 New York Ave NW, Suite 500
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
Email: kpierson@cohenmilstein.com
jreiser@cohenmilstein.com
rkoffman@cohenmilstein.com
elevens@cohenmilstein.com
dmmcuaig@cohenmilstein.com
rcobbs@cohenmilstein.com
- and -
Daniel L. Brockett, Esq.
Sascha N. Rand, Esq.
Steig D. Olson, Esq.
Deborah K. Brown, Esq.
Daniel P. Mach, Esq.
David LeRay, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: (212) 849-7000
Email: danbrockett@quinnemanuel.com
sascharand@quinnemnuel.com
steigolson@quinnemanuel.com
deborahbrown@quinnemanuel.com
danielmach@quinnemanuel.com
davidleray@quinnemanuel.com
- and -
Jeremy D. Andersen, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017
Telephone: (213) 443-3000
Email: jeremyandersen@quinnemanuel.com
Defendants-Petitioners MERRILL LYNCH, PIERCE, FENNER & SMITH
INCORPORATED, et al. are represented by:
Adam Selim Hakki, Esq.
ALLEN OVERY SHEARMAN STERLING US LLP
599 Lexington Avenue
New York, NY 10022
MILLER'S ALE HOUSE: Martin Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Damian Martin, on behalf of himself and all others similarly
situated v. MILLER'S ALE HOUSE, INC., Case No. 1:25-cv-00012
(E.D.N.Y., Jan. 2, 2025), is brought against Defendant for its
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its services offered thereby, is a violation of
Plaintiff's rights under the Americans with Disabilities Act
("ADA"). Because Defendant's website, www.millersalehouse.com (the
"Website"), is not equally accessible to blind and visually
impaired consumers, it violates the ADA. Plaintiff seeks a
permanent injunction to cause a change in Defendant's corporate
policies, practices, and procedures so that Defendant's website
will become and remain accessible to blind and visually-impaired
consumers, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
The Defendant is a company that owns and operates the Website,
offering features which should allow all consumers to access the
goods and services and by which Defendant ensures the delivery of
such goods throughout the United States, including New York
State.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: mrozenberg@steinsakslegal.com
NEW YORK, NY: Johnson Sues Over Unconstitutional Policy
-------------------------------------------------------
Dominic Johnson, Zion Clarke, Bernard Claiborne, and Alan Holmes,
on behalf of themselves and a class of others similarly situated v.
THE CITY OF NEW YORK, DENNIS MAROLDO, CARY OLIVA, JOSE TAVAREZ,
PABLO TAVERAS, and "JOHN DOE" 1-50, in their individual and
official capacities, Case No. 1:25-cv-0009 (S.D.N.Y., Jan. 3,
2025), is brought to challenge the New York City Police
Department's ("NYPD") unconstitutional policy and practice of
excessively detaining arrestees who are required to be released
from police custody with an Appearance Ticket under New York
Criminal Procedure Law Section.
The NYPD – and more broadly, the City of New York – has
violated the rights of Plaintiffs and the Class by unlawfully
ignoring the procedures mandated by CPL 150.20 when issuing
appearance tickets (also known as "Desk Appearance Tickets" or
"DATs"). In 2020, an amendment to CPL 150.20 replaced the word
"may" with "shall." As the Supreme Court of New York has noted,
this "indicat[es] that the statute now serves as a mandate that
police officers issue an appearance ticket instead of arresting a
person who commits a low-level offense as defined in the statute."
Rather than following this clear law, the NYPD has unlawfully
followed its own nebulous criteria for issuing appearance tickets,
routinely denying appearance tickets to individuals clearly
entitled to them under the CPL 150.20 criteria. As a consequence of
being subjected to the NYPD's own DAT criteria rather than the
criteria laid out in CPL 150.20, thousands of arrested New Yorkers
have suffered a significant deprivation of liberty. Rather than go
home from police custody shortly after receiving an appearance
ticket, these arrestees are transported to Central Booking where
they spend an additional 12 to 18 hours awaiting their criminal
court arraignments.
To this day, the NYPD continues to disregard CPL 150.20, thereby
depriving certain deserving arrestees of a significant liberty
interest. This lawsuit seeks to put an end to this practice. The
Plaintiffs, on behalf of a class of similarly situated individuals,
seek a declaration that the NYPD's DAT policies and practices are
unlawful, damages for the harms they have suffered, and an
injunction against those policies and practices moving forward,
says the complaint.
The Plaintiffs are African-American male who were a resident of
Manhattan.
City of New York is a municipality created, authorized, and
existing under the laws of New York State and maintains its
principal office in the County of New York.[BN]
The Plaintiff is represented by:
Cyrus Joubin, Esq.
43 West 43rd Street, Suite 119
New York, NY 10036
Phone: (703) 851-2467
Email: joubinlaw@gmail.com
- and -
Matthew Handley, Esq.
HANDLEY FARAH & ANDERSON PLLC
1201 Connecticut Avenue, NW, Suite 200K
Washington, DC 20036
Phone: 202-559-2411
Email: mhandley@hfajustice.com
- and -
George Farah, Esq.
Rebecca P. Chang, Esq.
Samantha Braver, Esq.
HANDLEY FARAH & ANDERSON PLLC
33 Irving Place
New York, NY 10003
Phone: 212-477-8090
Email: gfarah@hfajustice.com
rchang@hfajustice.com
sbraver@hfajustice.com
NSA OP: Benson Files Suit in California State Court
---------------------------------------------------
A class action lawsuit has been filed against NSA OP, LP, a
Delaware limited partnership, et al. The case is captioned as
KASSIE BENSON, individually and on behalf of all others similarly
situated, v. NSA OP, LP, A DELAWARE LIMITED PARTNERSHIP, et al.,
Case No. 24CV023182 (Cal. Super., Sacramento Cty., November 14,
2024).
A case management conference is set for December 12, 2025, before
Judge Richard K. Sueyoshi.
NSA OP, LP is a limited partnership doing business in California.
[BN]
The Plaintiff is represented by:
Mason Doidge, Esq.
D. LAW, INC.
400 N. Brand Blvd, Suite 700
Glendale, CA 91203
Telephone: (818) 275-5799
OLDCASTLE INFRASTRUCTURE: Serrano Labor Suit Removed to E.D. Cal.
-----------------------------------------------------------------
A class action lawsuit has been filed against Oldcastle
Infrastructure, Inc. The class action lawsuit captioned as Rene
Serrano, an individual, and on behalf of all others similarly
situated v. Oldcastle Infrastructure, Inc., Case No.
STK-CV-UOE-2024-0015058 (Filed Nov. 1, 2024), was removed from the
California Superior Court to the United States District Court for
Eastern District of California on Dec. 19, 2024.
The Eastern District of California Court Clerk assigned Case No.
2:24-cv-03466 to the proceeding.
The nature of suit states Unlimited Civil Other Employment.
The case is assigned to the Hon. Judge Jayne Lee.
Oldcastle is a provider of engineered building product solutions
and services for North American Infrastructure projects.[BN]
The Plaintiff is represented by:
Michael Elkin, Esq.
ELKIN GAMBOA, LLP
4119 W Burbank Blvd, Ste 110
Burbank, CA 91505-2122
Telephone: (323) 372-1202
Facsimile: (323) 372-1216
E-mail: michael@elkingamboa.com
The Defendant is represented by:
Sean Bothamley, Esq.
JACKSON LEWIS P.C.
160 W Santa Clara St, Ste 400
San Jose, CA 95113-1708
Telephone: (408) 241-8657
E-mail: sean.bothamley@jacksonlewis.com
PAYPAL HOLDINGS: Faces GamersNexus Class Suit Over Referral Fees
----------------------------------------------------------------
GamersNexus LLC v. PAYPAL HOLDINGS, INC., a California Corporation,
PAYPAL, INC., a California Corporation, Case No. 5:25-cv-00114-NC
(N.D. Cal., Jan. 3, 2025) alleges that the PayPal intentionally and
substantially interfered with Plaintiff's and Class members'
personal property by usurping their commissions and referral fees.
In January 2020, PayPal acquired Honey Science Corporation for $4
billion. Honey systematically appropriates the commissions by
replacing the content creator's cached affiliate URL snippets with
their own. The Plaintiff and the Class would generate the sale,
then while the consumer was checking out Honey would covertly
replicate last-click attribution to receive the commission. This
cookie stuffing scheme wrongfully captured millions of dollars in
affiliate marketing commissions, the Plaintiff contends.
Without proper authorization, PayPal assumed and exercised the
right of ownership over these commissions, in direct hostility to
the rights of Plaintiff and Class Members, without justification,
the suit says.
The Plaintiff and Class members neither assented to nor ratified
PayPal's interference with their referral fees or commissions, the
suit adds.
The Plaintiff seeks monetary damages restitution, and/or injunctive
relief for the proposed Class and Subclass, defined as:
Nationwide Class:
"All persons and entities in the United States who
participated in an affiliate commission program with a United
States eCommerce merchant and had commissions diverted to
PayPal as a result of Honey."
North Carolina Subclass:
"All persons and entities in North Carolina who participated
in an affiliate commission program with a United States
eCommerce merchant and had commissions diverted to PayPal as
a result of Honey."
Gamers Nexus is an online video gaming magazine, providing reviews
of video games and their necessary hardware.
PayPal operates a technology platform that enables digital payments
on behalf of merchants and consumers worldwide.[BN]
The Plaintiff is represented by:
Thomas E. Loeser, Esq.
Karin B. Swope, Esq.
Jacob M. Alhadeff, Esq.
COTCHETT, PITRE & MCCARTHY, LLP
840 Malcolm Road
Burlingame, CA 94010
1809 7th Avenue, Suite 1610
Seattle, WA 98101
Telephone: (206)-802-1272
Facsimile: (206)-299-4184
E-mail: tloeser@cpmlegal.com
kswope@cpmlegal.com
jalhadeff@cpmlegal.com
PDR NETWORK: Carlton Appeals TCPA Suit Dismissal to 4th Circuit
---------------------------------------------------------------
CARLTON & HARRIS CHIROPRACTIC, INC. is taking an appeal from a
court order granting the Defendants' motion for summary judgment in
the lawsuit entitled Carlton & Harris Chiropractic, Inc.,
individually and on behalf of all others similarly situated,
Plaintiff, v. PDR Network, LLC, et al., Defendants, Case No.
3:15-cv-14887, in the U.S. District Court for the Southern District
of West Virginia.
As previously reported in the Class Action Reporter, the action
arises from the Plaintiff's challenge to the Defendants' practice
of sending unsolicited facsimile advertisements. Plaintiff Carlton
is a West Virginia chiropractic office. The Defendants are entities
who profit from the sale of healthcare products and services, such
as prescription management programs and healthcare messaging.
On April 30, 2024, the Defendants filed a motion for summary
judgment, which Judge Robert C. Chambers granted on Nov. 21, 2024.
The Court held that the Plaintiff has failed to produce sufficient
evidence upon which a reasonable juror could find that the fax sent
by PDR Network had the necessary commercial character to make it an
"unsolicited advertisement" under the Telephone Consumer Protection
Act (TCPA). The Court, therefore, granted PDR Network's motion for
summary judgment. As the only Defendants now remaining in this
matter are John Does 1-10, and the Plaintiff has not identified any
John Does throughout the long course of this litigation, the Court
ruled that the time to identify them has passed and also dismissed
them from this action.
The appellate case is captioned Carlton & Harris Chiropractic, Inc.
v. PDR Network, LLC, Case No. 24-2269, in the U.S. Court of Appeals
for the Fourth Circuit, filed on December 31, 2024. [BN]
Plaintiff-Appellant CARLTON & HARRIS CHIROPRACTIC, INC. is
represented by:
David Harley Carriger, Esq.
D. Christopher Hedges, Esq.
CALWELL LUCE DITRAPANO, PLLC
500 Randolph Street
Charleston, WV 25302
Telephone: (304) 343-4323
- and -
Glenn Lorne Hara, Esq.
ANDERSON & WANCA
3701 Algonquin Road
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
Defendants-Appellees PDR NETWORK, LLC, et al. are represented by:
R. Booth Goodwin, II, Esq.
Richard D. Owen, Esq.
GOODWIN & GOODWIN, LLP
300 Summers Street
Charleston, WV 25301
Telephone: (304) 346-7000
- and -
Jeffrey N. Rosenthal, Esq.
BLANK ROME LLP
1 Logan Square
130 North 18th Street
Philadelphia, PA 19103
Telephone: (215) 569-5553
- and -
Anahit Tagvoryan, Esq.
BLANK ROME LLC
2029 Century Park East
Los Angeles, CA 90067
Telephone: (424) 239-3400
PIH HEALTH INC: Calhoun Sues Over Unprotected Private Information
-----------------------------------------------------------------
DAVID CALHOUN, on behalf of himself and all others similarly
situated, Plaintiff v. PIH HEALTH, INC., Defendant, Case No.
24STCV33561 (Cal. Super., Los Angeles Cty., December 19, 2024)
arises from Defendant's alleged failure to properly secure and
safeguard the protected health information and personally
identifiable information of Plaintiff and other similarly situated
patients of Defendant.
The Plaintiff and Class Members' sensitive private
information--which they entrusted to Defendant on the mutual
understanding that Defendant would protect it against
disclosure--was targeted, compromised, and unlawfully accessed by
cybercriminals on December 1, 2024. As a result of the data breach,
some patients were unable to schedule appointments with their
physicians, have scheduled procedures performed, and unable access
their medical records. Accordingly, the Plaintiff brings this class
action lawsuit on behalf all those similarly situated to address
Defendant's inadequate safeguarding of class members' private
information that it collected and maintained, and for failing to
provide timely and adequate notice to Plaintiff and other Class
Members that their information had been subject to the unauthorized
access by an unknown third party and precisely what specific type
of information was accessed. The Plaintiff asserts claims for
negligence, negligence per se, breach of implied contract, unjust
enrichment, and for violations of the California Unfair Competition
Law, the California Unfair Competition Law, and the California
Consumer Records Act.
Headquartered in Whittier, CA, PIH Health, Inc. is a non-profit,
regional healthcare system. [BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (858) 209-6941
E-mail: jnelson@milberg.com
- and -
Courtney E. Maccarone, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Telephone: (212) 363-7500
Facsimile: (212) 363-7171
E-mail: cmaccarone@zlk.com
RAYMOND JAMES: Faces Conran Suit Over Breach of Fiduciary Duties
----------------------------------------------------------------
TONI CONRAN individually and as Trustee of the CONRAN FAMILY TRUST,
on behalf of herself and all others similarly situated v. RAYMOND
JAMES FINANCIAL, INC. (RJFS), RAYMOND JAMES FINANCIAL SERVICES
ADVISORS, INC., and RAYMOND JAMES FINANCIAL SERVICES, INC., Case
No. 8:24-cv-02510-SDM-SPF (M.D. Fla., Aug. 26, 2024) contends that
the Defendants implement a scheme whereby they use their clients'
cash balances to generate massive profits for themselves while
shortchanging their clients.
According to the complaint, Raymond James breaches its fiduciary
duties when it failed to act in Plaintiff's and the Class's best
interests; placed its own interests in realizing financial gain
from net interest income ahead of the Class's interest in obtaining
a reasonable rate of interest; maintained and failed to reasonably
disclose its conflict of interest in securing increased net
interest income at the expense of its clients; and failed to
recommend to the Plaintiff and the Class a cash sweep program that
would pay a reasonable rate of interest.
As a result of Raymond James' wrongful conduct, the Plaintiff and
the Class received lower interest payments on their cash and other
deposits than they would have in a reasonable and fair market, the
suit says.
As a result of Raymond James' wrongful conduct, Raymond James was
unjustly enriched, and Plaintiff and the Class conferred a benefit
upon Raymond James because Raymond James received significantly
greater net interest income than it would have but for its wrongful
conduct, the suit adds.
Plaintiff Conran maintained a traditional IRA account (ending in
03) with the Defendant. The Plaintiff is the Trustee of the Conran
Family Trust, which was created July 12, 2012, and maintained a
retail brokerage account (ending in 60) with the Defendant.
RJFS is diversified financial services company providing private
client group, capital markets, asset management, banking and other
services to individuals, corporations and municipalities.[BN]
The Plaintiff is represented by:
Juan P. Bauta II, Esq.
Thomas I. Sheridan, III, Esq.
Sona R. Shah, Esq.
SIMMONS HANLY CONROY LLP
One Court Street Alton, IL 62002
Telephone: (618) 259-2222
Facsimile (618) 259-2251
E-mail: jbauta@simmonsfirm.com
tsheridan@simmonsfirm.com
sshah@simmonsfirm.com
- and -
Matthew L. Dameron, Esq.
Clinton J. Mann, Esq.
WILLIAMS DIRKS DAMERON LLC
1100 Main Street, Suite 2600
Kansas City, MO 64105
Telephone: (816) 945-7110
Facsimile: (816) 945-7118
E-mail: matt@williamsdirks.com
cmann@williamsdirks.com
- and -
Bruce D. Oakes, Esq.
Richard B. Fosher, Esq.
OAKES & FOSHER, LLC
1401 Brentwood Boulevard, Suite 250
Saint Louis, MO 63144
Telephone: (314) 804-1412
Facsimile: (314) 428-7604
E-mail: boakes@oakesfosher.com
rfosher@oakesfosher.com
RESORT CANCELLATION: Costa Files TCPA Suit in M.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Resort Cancellation
Services LLC. The case is styled as Leonel Costa, individually and
on behalf of others similarly situated v. Resort Cancellation
Services LLC, Case No. 6:25-cv-00028 (M.D. Fla., Jan. 7, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Resort Cancellation Services LLC -- https://resortcs.com/ -- offer
vacation rental properties worldwide.[BN]
The Plaintiff is represented by:
Ryan Lee McBride, Esq.
KAZEROUNI LAW GROUP APC
2221 Camino Del Rio S., Suite 101
San Diego, CA 92108
Phone: (800) 400-6808
Email: ryan@kazlg.com
REVANCE THERAPEUTICS: Matney Sues Over Misleading Statements
------------------------------------------------------------
Cassandra Matney, Individually and on Behalf of All Others
Similarly Situated v. REVANCE THERAPEUTICS, INC., MARK J. FOLEY,
and TOBIN C. SCHILKE, Case No. 3:25-cv-00018 (M.D. Tenn., Jan. 3,
2025), is b brought to recover damages caused by Defendants'
violations of the federal securities laws and to pursue remedies
under the Securities Exchange Act of 1934 (the "Exchange Act") and
Rule 10b-5 promulgated thereunder, against the Company and certain
of its top officials as a result of the Defendants made materially
false and misleading statements.
In August 2024, Revance and Crown Laboratories, Inc. ("Crown"), a
privately held marketer and manufacturer of skincare products,
jointly announced that they had entered into a merger agreement
(the "Merger Agreement") pursuant to which the companies would seek
to merge. Under the terms of the Merger Agreement, Crown would
commence a tender offer (the "Tender Offer") to acquire all
outstanding shares of Revance's common stock for $6.66 per share in
cash, representing a total enterprise value of $924 million.
The Defendants made materially false and misleading statements
regarding the Company's business, operations, and prospects.
Specifically, Defendants made false and/or misleading statements
and/or failed to disclose that: Revance was in material breach of
the Distribution Agreement; the foregoing subjected the Company to
an increased risk of litigation, as well as monetary and
reputational harm; all the foregoing increased the risk that the
Tender Offer would be delayed and/or amended; and as a result, the
Company's public statements were materially false and misleading at
all relevant times.
On September 23, 2024, Revance disclosed in an SEC filing that it
"received a notice to remedy alleged material breaches, including
breaches of the maximum levels of buffer stock and required efforts
to promote and sell Teoxane products, under the Company's exclusive
distribution agreement with Teoxane SA". Due to the dispute with
Teoxane, Revance advised that Crown's Tender Offer had been delayed
until at least October 4, 2024. On this news, Revance's stock price
fell $0.445 per share, or 7.66%, to close at $5.365 per share on
September 23, 2024.
Then, on December 9, 2024, Revance disclosed in an SEC filing that
Crown and Revance had amended their merger agreement, and that
Crown would shortly commence a tender offer to acquire all
outstanding shares of Revance's common stock for $3.10 per share in
cash—a drop of over 50% in the purchase price. On this news,
Revance's stock price fell $0.79 per share, or 20.68%, to close at
$3.03 per share on December 9, 2024. As a result of Defendants'
wrongful acts and omissions, and the precipitous decline in the
market value of the Company's securities, Plaintiff and other Class
members have suffered significant losses and damages, says the
complaint.
The Plaintiff acquired Revance securities at artificially inflated
prices during the Class Period.
Revance is a biotechnology company that develops, manufactures, and
commercializes neuromodulators for various aesthetic and
therapeutic indications in the U.S. and internationally.[BN]
The Plaintiff is represented by:
Paul Kent Bramlett, Esq.
Robert Preston Bramlett, Esq.
BRAMLETT LAW OFFICES
40 Burton Hills Blvd., Suite 200
P.O. Box 150734
Nashville, TN 37215
Phone: 615.248.2828
Facsimile: 866.816.4116
Email: PKNASHLAW@aol.com
Robert@BramlettLawOffices.com
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
James M. LoPiano, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Phone: (212) 661-1100
Facsimile: (917) 463-1044
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
jlopiano@pomlaw.com
- and -
Joshua E. Fruchter, Esq.
WOHL & FRUCHTER LLP
25 Robert Pitt Drive, Suite 209G
Monsey, NY 10952
Phone: (845) 290-6818
Facsimile: (718) 504-3773
Email: jfruchter@wohlfruchter.com
RICHMOND UNIVERSITY: Scripps Files Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Richmond University
Medical Center. The case is styled as Cory Scripps, individually
and on behalf of all others similarly situated v. Richmond
University Medical Center, Case No. 1:25-cv-00068 (E.D.N.Y., Jan.
3, 2025).
The nature of suit is stated as Fraud or Truth-In-Lending.
Richmond University Medical Center -- https://www.rumcsi.org/ -- is
an award-winning healthcare facility and teaching institution
serving residents in Staten Island, New York.[BN]
The Plaintiff is represented by:
Courtney Elizabeth Maccarone, Esq.
LEVI & KORSINSKY, LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Phone: (212) 363-7500
Email: cmaccarone@zlk.com
RUGS.COM LLC: Perkins Suit Removed to W.D. Washington
-----------------------------------------------------
The case styled as Sarah Perkins and Emily Wright, on their own
behalf and on behalf of others similarly situated v. RUGS.COM LLC,
Case No. 24-2-27334-4 SEA was removed from the Superior Court of
the State of Washington for King County, to the U.S. District Court
for the Western District of Washington on Jan. 6, 2025, and
assigned Case No. 2:25-cv-00019.
In the Complaint, Plaintiffs allege, among other things, that
Rugs.com sent them emails with false and misleading subject lines
in violation of the Commercial Electronic Mail Act and the
Washington Consumer Protection Act.[BN]
The Defendants are represented by:
Robert J. Guite, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111
Phone: (415) 434-9100
Fax: 415.434.3947
Email: rguite@sheppardmullin.com
RUNION ENTERPRISES: Jackson Sues Over Unlawful Employment Practices
-------------------------------------------------------------------
Quinnton Jackson, Individually and on behalf of all others
similarly situated v. RUNION ENTERPRISES INC. and RICHARD LEE
RUNION, JR., Individually, Case No. 8:25-cv-00017 (M.D. Fla., Jan.
3, 2025), is under the Fair Labor Standards Act of 1938 ("FLSA") as
a result of the Defendants unlawful employment practices.
The Plaintiff regularly worked full time between 40-60 hours a
week. At all times Defendant had control over all aspects of the
job as Plaintiff had to get approval for all work performed.
Throughout their employment with Defendants, Plaintiffs worked in
excess of 40 hours per week, for which they were not compensated at
the overtime rate.
On August 2024 Plaintiff spoke to his direct supervisor Ms. Luis
(last name unknown) about getting reimbursed for gas in Defendant's
vehicle and receiving overtime pay for hours worked over 40. Ms.
Luis informed Plaintiff that he was on a salary and not eligible
for overtime. Ms. Luis informed Plaintiff that he would be
reimbursed for fuel costs for any jobs outside the local region.
The Plaintiff never received fuel reimbursement for work performed
outside of the local region, says the complaint.
The Plaintiff began his employment as a Mold Remediation Lead
Technician on July 2024.
Runion Enterprises Inc., was and is a Florida Profit Corporation,
doing business in this judicial district.[BN]
The Plaintiff is represented by:
Troy E. Longman, II, Esq.
Wolfgang M. Florin, Esq.
FLORIN | GRAY
16524 Pointe Village Drive, Suite 100
Lutz, FL 33558
Phone (727) 220-4000
Facsimile (727) 483-7942
Email: tlongman@floringray.com
wflorin@floringray.com
RUSH STREET GAMING: Volio Sues Over Failure to Safeguard PII
------------------------------------------------------------
Robert Volio, individually and on behalf of all others similarly
situated v. Rush Street Gaming LLC and Sugarhouse HSP Gaming, L.P.
d/b/a Rivers Casino Philadelphia, Case No. 2:25-cv-00039 (E.D. Pa.,
Jan. 4, 2025), is brought arising out of Defendants' failure to
properly secure and safeguard the personally identifiable
information ("PII") of Plaintiff and other similarly situated
current and former employees and customers of Defendants ("Class
Members").
On November 18, 2024, Defendants determined that certain files were
unlawfully exfiltrated off their systems ("Data Breach"). The
Defendants failed to mention when they first came to learn of the
Data Breach. Moreover, Defendants appear to have been ill-prepared
to face the threat of a cyberattack, notwithstanding that such
attacks and their resulting harm is imminently foreseeable. The
impact to its systems strongly implies that Defendant lacked
sufficient cybersecurity incident response and disaster recovery
plans, or that the plans it had were not sufficiently tests through
the use of tabletop exercises, as is the industry norm.
The Plaintiff brings this action on behalf of all persons whose PII
was compromised because of Defendants' failure to: adequately
protect the PII of Plaintiff and Class Members; timely warn
Plaintiff and Class Members of Defendants' inadequate information
security practices; and effectively secure its network containing
such PII using reasonable and effective security procedures free of
vulnerabilities and incidents. Defendants' conduct amounts to
negligence and violates federal statutes.
The Defendants have not provided affected persons or the public any
information regarding how the Data Breach occurred or what it is
doing to prevent another such incident in the future. Moreover,
Defendants' significantly delayed investigation and notification of
the Data Breach strongly implies that Defendant lacked a serious
and tested cybersecurity incident response plan, which is a core
aspect of any reasonable, industry standard cybersecurity program.
By failing to implement cybersecurity safeguards, Defendants
blatantly disregarded the rights of Plaintiff and the Class
Members, including their right to control how their PII is
disseminated, says the complaint.
The Plaintiff received a breach notification from Defendants
indicating that his PII was compromised during the Data Breach.
The Defendants own and operate Rivers Casino Philadelphia.[BN]
The Plaintiff is represented by:
Kenneth J. Grunfeld, Esq.
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A
65 Overhill Road
Bala Cynwyd, PA 19004
Phone: (954) 525-4100
Email: grunfeld@kolawyers.com
ostrow@kolawyers.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
SABRE GLBL: Fails to Secure Employees' Personal Info, Hill Says
---------------------------------------------------------------
DAVID HILL, individually and on behalf of all others similarly
situated v. SABRE GLBL, INC., Case No. 4:25-cv-00007-O (N.D. Tex.,
Jan. 3, 2025) sues the Defendant for its failure to properly secure
and safeguard personally identifiable information including the
Plaintiff's and Class Members' names, Social Security Numbers,
and/or other personal information.
The Defendant was subject to a cyberattack on Sept. 6, 2023. On
Dec. 9, 2024, the Defendant mailed the Plaintiff a letter advising
him that the data exposed in the Data Breach included Plaintiff's
"name, Social Security number, date of birth employment related
information, financial account number, identification documents
such as passport, driver's license, or national ID numbers, and
signature."
Because of the Data Breach, the Plaintiff and Class Members
suffered ascertainable losses in the form of the loss of the
benefit of their bargain, out-of-pocket expenses, and the value of
their time reasonably incurred to remedy or mitigate the effects of
the attack and the substantial and imminent risk of identity theft,
the lawsuit asserts.
The Plaintiff suffered actual injury in the form of damages to and
diminution in the value of Plaintiff's Private Information—a form
of intangible property that Plaintiff entrusted to Defendant, which
was compromised in and because of the Data Breach. The Plaintiff
suffered lost time, annoyance, interference, and inconvenience
because of the Data Breach and has anxiety and increased concerns
for the loss of his privacy, the lawsuit adds.
Mr. Hill is a former employee of Sabre. He received notice from the
Defendant that it lost control of his PII.
Sabre is a Texas-based corporation that supplies software and
technology to the travel industry.[BN]
The Plaintiff is represented by:
Jarrett L. Ellzey, Esq.
Leigh S. Montgomery, Esq.
EKSM, LLP
4200 Montrose, Suite 200
Houston, TX 77006
Telephone: (888) 350-3931
Facsimile: (888) 276-3455
E-mail: jellzey@eksm.com
lmontgomery@eksm.com
SALLY BEAUTY: Freday Files Suit in California State Court
---------------------------------------------------------
A class action lawsuit has been filed against Sally Beauty Supply
LLC, et al. The case is captioned as MACKENZIE FREDAY, individually
and on behalf of all others similarly situated, v. SALLY BEAUTY
SUPPLY LLC, et al., Case No. 24CV023199 (Cal. Super., Sacramento
Cty., November 14, 2024).
A case management conference is set for January 9, 2025, before
Judge Richard K. Sueyoshi.
Sally Beauty Supply LLC is a beauty products shop located in
California. [BN]
The Plaintiff is represented by:
Edward Wonkyu Choi, Esq.
LAW OFFICES OF CHOI & ASSOCIATES
515 S. Figueroa St., Ste. 1250
Los Angeles, CA 90071
Telephone: (213) 381-1515
SANDERLING RENAL: Hunt Suit Removed to N.D. California
------------------------------------------------------
The case styled as Shawna Hunt, on behalf of herself and all others
similarly situated v. SANDERLING RENAL SERVICES – USA, LLC, a
Delaware limited liability company; and DOES 1 - 50 inclusive, Case
No. CV241118 was removed from the Superior Court of the State of
California, County of Del Norte, to the U.S. District Court for the
Northern District of California on Jan. 6, 2025, and assigned Case
No. 1:25-cv-00159.
In the Complaint, Plaintiff alleges fifteen causes of action
against Defendant on behalf of herself and all similarly situated
employees: Failure to Pay All Minimum Wages; Failure to Pay All
Overtime Wages; Meal Period Violations; Rest Period Violations;
Failure to Pay All Sick Time; Wage Statement Violations; Waiting
Time Penalties; Failure to Reimburse Necessary Business Expenses;
and Unfair Competition.[BN]
The Defendants are represented by:
Samuel J. Stone, Esq.
Shannon N. Cahill, Esq.
HOLLAND & KNIGHT LLP
400 South Hope Street, 8th Floor
Los Angeles, CA 90071
Phone: 213.896.2400
Fax: 213.896.2450
Email: sam.stone@hklaw.com
shannon.cahill@hklaw.com
SAVE ON SP LLC: Gurwitch Suit Transferred to W.D. New York
----------------------------------------------------------
The case captioned as Annabelle Gurwitch, individually and on
behalf of all others similarly situated v. Save On SP LLC, Express
Scripts, Inc., Accredo Health Group Inc., Case No. 1:24-cv-01583
was transferred from the U.S. District Court for the Northern
District of New York, to the U.S. District Court for the Western
District of New York on Jan. 3, 2025.
The District Court Clerk assigned Case No. 1:25-cv-00006-LJV to the
proceeding.
The nature of suit is stated as E.R.I.S.A. for Labor.
SaveOnSP -- https://www.saveonsp.com/ -- administers employer plan
benefit designs that deliver cost-savings.[BN]
The Plaintiff is represented by:
Kristie A. LaSalle, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
265 Franklin Street-Suite 1702
Boston, MA 02110
Phone: (617) 535-3763
- and -
Marco Cercone, Esq.
RUPP PFALZGRAF LLC
1600 Liberty Building
424 Main Street
Buffalo, NY 14202
Phone: (716) 854-3400
Email: cercone@rupppfalzgraf.com
SOGNO TOSCANO: Valdez Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against SOGNO TOSCANO TUSCAN
DREAM, INC. The case is styled as Ruben Valdez, on behalf of
himself and others similarly situated v. SOGNO TOSCANO TUSCAN
DREAM, INC., Case No. 25STCV00119 (Cal. Super. Ct., Los Angeles
Cty., Jan. 3, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Sogno Toscano Tuscan Dream, Inc. -- https://sognotoscano.com/ -- is
an Italian Brand distributor present in America, supplying a true
authentic taste of Italy.[BN]
The Plaintiff is represented by:
Vincent Charles Granberry, Esq.
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
vgranberry@lelawfirm.com
SSP AMERICA: Houston Seeks Unpaid Minimum & OT Wages Under FLSA
---------------------------------------------------------------
Mascelus Houston v. SSP America, Inc.; and SSP America KCGI JFK T7
LLC, Case No. 1:25-cv-00053 (E.D.N.Y., Jan. 3, 2025) seeks to
recover unpaid minimum wage and overtime compensation due to time
shaving, pursuant to the Fair Labor Standards Act and the New York
Labor Law.
The suit alleges that due to a practice of time shaving which
included requiring their employees to work through their meal
breaks, the Defendants failed to pay Plaintiff and a proposed class
of others similarly situated, who worked as food service workers at
Defendants' airport food courts and in other hospitality roles in
New York State overtime pay of time and one-half for hours worked
in excess of 40 hours per week and failed to pay them the required
minimum wage for all hours worked.
Despite requiring Plaintiff to clock out for 30 min meal breaks
during his shifts, more than half the time, approximately three
times per week on average, the Plaintiff was not permitted to take
an uninterrupted 30 min meal break. Instead, the Defendants
required the Plaintiff to work through his meal breaks due to work
demands, says the suit.
The Plaintiff also seeks to recover unpaid uniform maintenance pay,
uniform purchase costs, liquidated damages and civil penalties,
prejudgment and post-judgment interest, and attorneys' fees and
costs.
Further, the Plaintiff seeks remedies for Defendants' failure to
address workplace harassment and a hostile workplace, noncompliance
with employee protections under state law, and wrongful termination
by retaliation after Plaintiff reported physical threats to himself
from another coworker.
The Plaintiff seeks to represent a class of similarly situated
hourly employees who:
"All current and former hourly employees of Defendants
employed at airports in food service or hospitality roles
located in New York State for the six-year period prior to
the filing of the complaint."
The Plaintiff worked for the Defendants at JFK Airport's Terminal 7
in a food court area at a restaurant called True Burger.
SSP America acquires, manages, and operates airport
concessions.[BN]
The Plaintiff is represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 3rd Avenue, Suite 1810
Telephone: (718) 669-0714
E-mail: mgangat@gangatllc.com
STREAMLAND MEDIA: Roache Sues Over Disability Discrimination
------------------------------------------------------------
MICHAEL ROACHE, an individual v. STREAMLAND MEDIA, LLC, a Delaware
Limited Liability Company; STREAMLAND MEDIA MIDCO, LLC, a Delaware
Limited Liability Company; FORMOSA GROUP, LLC, a Delaware Limited
Liability Company; FORMOSA INTERACTIVE, LLC, a Delaware Limited
Liability Company; ROBERT ROSENTHAL, an individual; PAUL LIPSON, an
individual; BILL ROMEO, an individual; and DOES 1 through 25,
inclusive, Case No. 245T428748 (Cal. Super., Nov. 1, 2024) is a
class action alleging that the Defendants terminated Plaintiff's
employment because of his disabilities medical conditions, requests
for accommodation, need for accommodation, and leave of absence.
The Plaintiff was subjected to discrimination and retaliation by
the Defendants, by failing to allow the Plaintiff to return to work
based on his disability or perceived disability, failing to allow
the Plaintiff to return to work following protected leave, revoked
Plaintiff's privileges that other employees without disabilities
enjoyed, excluded the Plaintiff from coming to work, and
terminating him, leaving him in a disadvantaged position and
interfering with his protected leave rights, the suit contends.
Further, the employer also interfered with Plaintiff's protected
leave by failing to reinstate the Plaintiff following his protected
leave, terminating him instead under the pretext of eliminating his
position. Since Plaintiff's termination -- and as a direct result
thereof -- the Plaintiff has and continues to suffer from extreme
emotional distress including but not limited to depression,
anxiety, hopelessness, desperation, humiliation, embarrassment,
insomnia, and despair. He has worked diligently to secure other
employment, applied for jobs, undergone interviews, and suffered
difficult market period, resulting in the Plaintiff having to
relocate to another state, the lawsuit says.
The Plaintiff's employment commenced on Nov. 1, 2020, until he was
wrongfully terminated on July 22, 2022. He has not worked for the
Employers, and has not been re-hired, re-employed and/or reinstated
by the Defendants.
Streamland Media is a California-based commercial company that
operates in the post-production industry.[BN]
The Plaintiff is represented by:
Kristi D. Rothschild, Esq.
Julian Alwill, Esq.
ROTHSCHILD & ALWILL, APC
27 West Anapamu Street, Suite 289
Santa Barbara, CA 93101
Telephone: (805) 845-1190
Facsimile: (805) 456-0132
SUGARHOUSE HSP: Brockhoft Sues Over Failure to Safeguard PII
------------------------------------------------------------
Kevin Brockhoft, individually and on behalf of all others similarly
situated v. SUGARHOUSE HSP GAMING, L.P. d/b/a RIVERS CASINO
PHILADELPHIA and RUSH STREET GAMING LLC, Case No. 2:25-cv-00073
(E.D. Pa., Jan. 7, 2025), is brought against Defendants for their
failure to properly secure and safeguard Plaintiff's and other
similarly situated individuals' ("Class Members," as defined infra)
personally identifying information ("PII").
On November 18, 2024, Defendants' investigation revealed that
suspicious activity had occurred on its computer network and that
an unauthorized actor accessed and potentially exfiltrated certain
files from Defendants' servers. Defendants identified individuals
whose personal information may be involved and determined that the
data at issue includes names, Social Security numbers, and bank
account information used for direct deposits ("Data Breach").
The Defendants failed to adequately protect Plaintiff's and Class
Members' PII––and failed to encrypt or redact this highly
sensitive information. This unencrypted, unredacted PII was
compromised due to Defendants' negligent and/or careless acts and
omissions and its utter failure to protect its customers' sensitive
data. Hackers targeted and obtained Plaintiff's and Class Members'
PII because of its value in exploiting and stealing the identities
of Plaintiff and Class Members. The present and continuing risk to
victims of the Data Breach will remain for their respective
lifetimes.
The Defendants disregarded the rights of Plaintiff and Class
Members by intentionally, willfully, recklessly, or negligently
failing to ensure that Defendants had adequate and reasonable
safeguards and measures in place to protect the PII of Plaintiff
and Class Members after that information was transferred and
entrusted to them in the regular course of business, says the
complaint.
The Plaintiff provided PII to Defendants as part of his employment
with Defendant.
The Defendants are or operate a casino and entertainment
development located along the Delaware River in the Fishtown
neighborhood of Philadelphia.[BN]
The Plaintiff is represented by:
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Phone: (310) 474-9111
Facsimile: (310) 474-8585
Email: aferich@ahdootwolfson.com
SUNBRIGHT HEALTH: Guinovart Suit Seeks Unpaid OT Wages Under FLSA
-----------------------------------------------------------------
JUAN GUINOVART, and other similarly situated individuals v.
SUNBRIGHT HEALTH MEDICAL CENTERS INC., LETICIA GOSE, and DONIS
REGO, Case No. 1:25-cv-20022-BB (S.D. Fla., Jan. 3, 2025) seeks to
recover money damages for unpaid overtime wages under the Fair
Labor Standards Act.
The Plaintiff regularly worked 11-13 hours per day from Monday
through Friday and spent an additional 2 hours every Sunday washing
and preparing the company van at the Defendants business site,
resulting in a total of 65-67 hours per week. Despite consistently
working more than 40 hours per week, the Plaintiff was only
compensated for 40 hours per week at a rate of, subject to
discovery, $15 or $16 per hour. The Defendants paid Plaintiff $0.00
for all overtime hours worked by Plaintiff. This is so because
Defendants specifically intended to compensate Plaintiff for only
40 hours per week, the suit says.
The Plaintiff is owed overtime compensation for all hours worked
beyond 40 hours per week at a rate of approximately $24 per hour,
as required by law, the suit asserts.
The Plaintiff was employed by the Defendants as a driver from June
2019, until his wrongful termination on Oct. 7, 2024.
Sunbright is a medical group practice located in Homestead, FL that
specializes in Family Medicine and Nursing.[BN]
The Plaintiff is represented by:
Ruben Martin Saenz, Esq.
THE SAENZ LAW FIRM, P.A.
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 482-1475
E-mail: martin@legalopinionusa.com
SUNOC LLC: Brumbaugh Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Sunoc LLC. The case
is styled as Christian Brumbaugh, individually, and on behalf of
all others similarly situated v. Sunoc LLC, Nustar Services Company
LLC, Case No. STK-CV-UOE-2025-0000094 (Cal. Super. Ct., San Joaquin
Cty., Jan. 6, 2025).
The case type is stated as "Unlimited Civil Other Employment."
Sunoco LP -- https://www.sunoco.com/ -- is an American master
limited partnership organized under Delaware state law and
headquartered in Dallas, Texas.[BN]
TAYLOR FARMS: Valencia Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Taylor Farms Pacific,
Inc. The case is styled as Ruben Valencia, on behalf of himself and
all others similarly situated v. Taylor Farms Pacific, Inc., Case
No. STK-CV-UOE-2025-0000142 (Cal. Super. Ct., San Joaquin Cty.,
Jan. 6, 2025).
The case type is stated as "Unlimited Civil Other Employment."
Taylor Farms -- https://www.taylorfarms.com/ -- creates healthy
lives through our selection of fresh blends, meal kits, and salad
kits.[BN]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
BRADLEY/GROMBACHER LLP
31365 Oak Crest Dr., Ste. 240
Westlake Village, CA 91361
Phone: 805-270-7100
Fax: 805-270-7589
Email: mbradley@bradleygrombacher.com
TFC PARTNERS INC: Lewis-Sturrup Suit Removed to D. Massachusetts
----------------------------------------------------------------
The case styled as Tamekha Lewis-Sturrup, on behalf of herself and
all others similarly situated v. TFC PARTNERS, INC. d/b/a NFC
AMENITY MANAGEMENT; JEAN POTTER, individually; JAMES SCOTT,
individually, Case No. 2484-CV-03148 was removed from the Superior
Court of Suffolk County, Massachusetts, to the U.S. District Court
for the District of Massachusetts on Jan. 6, 2025, and assigned
Case No. 1:25-cv-10025.
The Plaintiff alleges that Defendants are liable to her and the
potential class for unpaid and/or late-paid wages, plus interest,
costs, and attorney's fees. She claims that this alleged
non-payment and/or late payment of wages amounts to hundreds of
thousands of dollars in wages.BN]
The Defendants are represented by:
Michael C. Harrington, Esq.
FORD HARRISON LLP
CityPlace II, 185 Asylum Street, Suite 610
Hartford, CT 06103
Phone: 860-740-1366
Email: MHarrington@fordharrison.com
TMR USA INC: Crumwell Sues Over Blind-Inaccessible Website
----------------------------------------------------------
Denise Crumwell, on behalf of herself and all other persons
similarly situated v. TMR USA INC., Case No. 1:25-cv-00150
(S.D.N.Y., Jan. 7, 2025), is brought this civil rights action
against the Defendant for their failure to design, construct,
maintain, and operate their website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://themillionroses.com/, including all portions thereof or
accessed thereon (collectively, the "Website" or "Defendant's
Website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's Website will become
and remain accessible to blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals --thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen reading software to read website content using her
computer.
TMR USA INC., operates the Million Roses online retail store, as
well as the Million Roses interactive Website and advertises,
markets, and operates in the State of New York and throughout the
United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
jeffrey@gottlieb.legal
dana@gottlieb.legal
TRAVELERS INDEMNITY: Sanchez Suit Removed to C.D. California
------------------------------------------------------------
The case is styled as Monica Sanchez, individually and on behalf of
all others similarly situated v. The Travelers Indemnity Company
doing business as: www.northlandins.com, Case No. 24STCV31499 was
removed from the Los Angeles County Superior Court, to the U.S.
District Court for the Central District of California on Jan. 3,
2025.
The District Court Clerk assigned Case No. 2:25-cv-00063-JPR to the
proceeding.
The nature of suit is stated Other Fraud.
The Travelers Companies, Inc. -- https://www.travelers.com/ --
commonly known as Travelers, is an American insurance company.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
David W. Reid, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
dreid@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
The Defendants are represented by:
Jason Alan Orr, Esq.
BAKER AND HOSTETLER LLP
1801 California Street Suite 4400
Denver, CO 80202
Phone: (303) 861-0600
Fax: (303) 861-7805
Email: rleader@burr.com
TREEHOUSE FOODS: Bowman Sues Over Unpaid Overtime Compensation
--------------------------------------------------------------
Alan Bowman, on behalf of himself and all others similarly situated
v. TREEHOUSE FOODS, INC., STURM FOODS, INC., Case No. 1:25-cv-00158
(N.D. Ill., Jan. 7, 2025), pursuant to the Fair Labor Standards Act
of 1938, as amended, ("FLSA"), and Wisconsin's Wage Payment and
Collection Laws ("WWPCL") by Plaintiff for purposes of obtaining
relief under the FLSA and WWPCL for unpaid overtime compensation,
unpaid straight time (regular) and/or agreed upon wages, liquidated
damages, costs, attorneys' fees, declaratory and/or injunctive
relief, and/or any such other relief the Court may deem
appropriate.
The Defendants operated an unlawful compensation system that
deprived and failed to compensate Plaintiff and all other current
and former hourly-paid, non-exempt employees for all hours worked
and work performed each workweek, including at an overtime rate of
pay for each hour worked in excess of 40 hours in a workweek, by:
shaving time (via electronic timeclock rounding) from Plaintiff's
and all other hourly-paid employees' weekly timesheets for
pre-shift and post-shift hours worked and/or work performed, to the
detriment of said employees and to the benefit of Defendants, in
violation of the FLSA and WWPCL; and failing to include all forms
of non-discretionary compensation, such as monetary bonuses,
incentives, awards, and/or other rewards and payments, in said
employees' regular rates of pay for overtime calculation purposes,
in violation of the FLSA and WWPCL, says the complaint.
The Plaintiff was hired by the Defendants into the position of
Operator working primarily at Defendants' Green Bay, Wisconsin
production facility location.
The Defendants are food production companies.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Phone: (262) 780-1953
Fax: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
TRU KIDS: Faces Oaks Suit Over Blind-Inaccessible Website
---------------------------------------------------------
MARK OAKS, on behalf of himself and all others similarly situated,
Plaintiff v. TRU KIDS, INC., Defendant, Case No. ESX-L-007802-24
(N.J. Super., Essex Cty., November 7, 2024) is a civil rights
action, individually and on behalf of the Plaintiff and those
similarly situated, seeking redress for Defendant's actions which
violate the Americans with Disabilities Act.
Upon visiting Defendant's website, https://www.toysrus.com, the
Plaintiff quickly became aware of Defendant's failure to maintain
and operate its website in a way to make it fully accessible for
himself and for other similarly situated blind or visually-impaired
people.
For example, many features on the website fail to accurately
describe the contents of graphical images, fail to properly label
title, fails to distinguish one page from another, contains
multiple broken links, contains headings that do not describe the
topic or purpose, and contains text that is not read, says the
suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Tru Kids, Inc. is an American retail and licensing company that
operates the Toys "R" Us locations in the United States.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
ZEMEL LAW LLC
400 Sylvan Ave, Suite 200
Englewood Cliffs, NJ 07632
Telephone: (862) 227-3106
E-mail: dz@zemellawllc.com
UBS FINANCIAL: DM Cohen Sues Over Unlawful Cash Sweep Programs
--------------------------------------------------------------
DM COHEN, INC., individually and on behalf of all others similarly
situated, Plaintiff v. UBS FINANCIAL SERVICES INC., Defendant, Case
No. 1:24-cv-05226-SDG (N.D. Ga., November 14, 2024) is a class
action against the Defendant for breach of fiduciary duty and
unjust enrichment.
The case arises from the Defendant's unlawful practice of sweeping
idle customer cash into interest-bearing accounts at banks selected
by, and affiliated with, the Defendant under its sweep programs.
For its clients who are in the UBS cash sweep programs, the
Defendant pays and/or secures interest rates on the clients' cash
balances that are neither reasonable nor in compliance with its
legal duties. As a result, the Defendant enriched itself by paying
unreasonably low interest rates to customers.
DM Cohen, Inc. is a logic solutions firm based in Georgia.
UBS Financial Services Inc. is a financial services provider with
its principal place of business in New Jersey. [BN]
The Plaintiff is represented by:
Michael I. Fistel, Jr., Esq.
Mary Ellen Connor, Esq.
William W. Stone, Esq.
JOHNSON FISTEL, LLP
Murray House
40 Power Springs Street
Marietta, GA 30064
Telephone: (470) 632-6000
Facsimile: (770) 200-3101
Email: michaelf@johnsonfistel.com
maryellenc@johnsonfistel.com
williams@johnsonfistel.com
UNITED STATES: Bird Suit Seeks Certify Settlement Class
-------------------------------------------------------
In the class action lawsuit captioned as PAULA BIRD, et al., v.
MERRICK GARLAND, Attorney General of the United States, named in
his official Capacity, as head of the Department of Justice, Case
No. 1:19-cv-01581-JMC (D.D.C.), the Plaintiffs ask the Court to
enter an order granting unopposed motion to certify class for
settlement purposes and to grant final approval of class action
settlement.
On Oct. 16, 2024, the Court granted preliminary approval of the
previously filed Class Action Settlement Agreement and directed
notice to be issued to the Settlement Class.
A copy of the Plaintiffs' motion dated Jan. 2, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=TPuOth at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph M. Sellers, Esq.
Christine E. Webber, Esq.
Rebecca A. Ojserkis, Esq.
Dana Busgang, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Suite 800
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: jsellers@cohenmilstein.com
cwebber@cohenmilstein.com
rojserkis@cohenmilstein.com
dbusgang@cohenmilstein.com
- and -
David J. Shaffer, Esq.
DAVID SHAFFER LAW PLLC
5012 Aurora Dr.
Kensington, MD 20895
Telephone: (202) 508-1490
E-mail: david.shaffer@davidshafferlaw.com
UNITED STATES: Final Approval of Class Settlement Sought
--------------------------------------------------------
In the class action lawsuit captioned as PAULA BIRD, et al., v.
MERRICK GARLAND, Attorney General of the United States, named in
his official Capacity, as head of the Department of Justice, Case
No. 1:19-cv-01581-JMC (D.D.C.), the Plaintiffs ask the Court to
enter an order granting unopposed motion to certify class for
settlement purposes and granting final approval of the class action
settlement.
After over five years of litigation, discovery, and negotiation,
the Parties have reached an agreement to resolve some of the claims
in this action on a classwide basis.
On Oct. 16, 2024, the Court granted preliminary approval of the
previously filed Class Action Settlement Agreement and directed
notice to be issued to the Settlement Class.
A copy of the Plaintiffs' motion dated Jan. 2, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fa7TDL at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph M. Sellers, Esq.
Christine E. Webber, Esq.
Rebecca A. Ojserkis, Esq.
Dana Busgang, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Suite 800
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: jsellers@cohenmilstein.com
cwebber@cohenmilstein.com
rojserkis@cohenmilstein.com
dbusgang@cohenmilstein.com
- and -
David J. Shaffer, Esq.
DAVID SHAFFER LAW PLLC
5012 Aurora Dr.
Kensington, MD 20895
Telephone: (202) 508-1490
E-mail: david.shaffer@davidshafferlaw.com
US FOODS INC: Epstein Suit Removed to W.D. Washington
-----------------------------------------------------
The case styled as Victor Epstein, individually and on behalf of
all others similarly situated v. US FOODS, INC., an Illinois
corporation, Case No. 24-2-27568-1 was removed from the Superior
Court of the State of Washington for King County, to the U.S.
District Court for the Western District of Washington on Jan. 6,
2025, and assigned Case No. 2:25-cv-00023.
The Complaint asserts causes of action on a class-wide basis on
behalf of all hourly-paid or non-exempt employees of US Foods in
the State of Washington for: failure to provide rest periods in
violation of RCW 49.12.020 and WAC 296-126-092; failure to provide
meal periods in violation of RCW 49.12.020 and WAC 296-126-092;
failure to pay overtime wages in violation of RCW 49.46.130;
payment of wages less than entitled in violation of RCW 49.46.090;
failure to accrue and allow paid sick leave in violation of RCW
49.46.210 and WAC 296-128-620; failure to reimburse for employer
expenses in violation of SMC 14.20.020; failure to pay all wages
due at termination in violation of RCW 49.48.010; and willful
refusal to pay wages in violation of RCW.[BN]
The Defendants are represented by:
Alice R. Hoesterey, Esq.
Kathryn G. Mantoan, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
401 Union Street, Suite 3300
Seattle, WA 98101-2668
Phone: +1 206 839 4300
Facsimile: +1 206 839 4301
Email: ahoesterey@orrick.com
kmantoan@orrick.com
- and -
Joseph Liburt, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Phone: +1 650 614 7400
Email: jliburt@orrick.com
- and -
Katie E. Briscoe, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, 30th Floor
Sacramento, CA 95814-4497
Phone: +1 916 447 9200
Email: kbriscoe@orrick.com
UTAH HIGH: Szymakowski Bid for Prelim Injunction Granted
----------------------------------------------------------
In the class action lawsuit captioned as ZACHARY SZYMAKOWSKI, an
individual; and JOHANNA URIBE, on behalf of FELIPE URIBE, a minor;
on behalf of themselves and a proposed class of similarly situated
F-1 students, v. UTAH HIGH SCHOOL ACTIVITIES ASSOCIATION, INC., a
Utah nonprofit corporation, et al., Case No. 2:24-cv-00751-RJS-CMR
(D. Utah), the Hon. Judge Robert Shelby entered an order granting
the Plaintiffs' motion for preliminary injunction.
UHSAA is enjoined from enforcing the challenged portion of the
Student Visa Eligibility Rule, Interps & Guidelines 1.9.3(B)(1),
pending the final resolution of this case. The court finds no need
for Plaintiffs to pay a bond under Federal Rule of Civil Procedure
65(c).
The court finds Plaintiffs have demonstrated they will suffer
irreparable harm absent a preliminary injunction because they have
shown it is substantially likely the Student Visa Eligibility Rule
violates the Equal Protection Clause.
The Plaintiffs allege the Student Visa Eligibility Rule makes Uribe
ineligible to compete for St. Joseph’s varsity basketball team
during the winter 2024–2025 season, 75 and will make him
ineligible to compete for St. Joseph’s varsity soccer team this
spring
The Defendants include ROBERT CUFF, an individual; MARILYN
RICHARDS, an individual; AMBER SHILL, an individual; BURKE STAHELI,
an individual; DAVID WARREN, an individual; DAVID LUND, an
individual; ZACK MCKEE, an individual; PAUL SWEAT, an individual;
LUKE RASMUSSEN, an individual; JERRE HOLMES, an individual; JASON
SMITH, an individual; MIKE MEES, an individual; DEVIN SMITH, an
individual; BRYAN DURST, an individual; and BRENT STRATE, an
individual,
UHSAA is the self-identified "Leadership Organization for
Education-Based Interscholastic Athletic and Performing Arts
Activities" in the State of Utah.
A copy of the Court's order dated Jan. 2, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZqAAys at no extra
charge.[CC]
VANN-VIRGINIA CENTER: Allen Files Suit in E.D. Virginia
-------------------------------------------------------
A class action lawsuit has been filed against Vann-Virginia Center
for Orthopedics, P.C. The case is styled as Georgiann Allen, on
behalf of herself and all others similarly situated v.
Vann-Virginia Center for Orthopedics, P.C. d/b/a Atlantic
Orthopaedics Specialists, Case No. 2:25-cv-00005 (E.D. Va., Jan. 6,
2025).
The nature of suit is stated as Fraud or Truth-In-Lending.
Vann-Virginia Center for Orthopedics, P.C. doing business as
Atlantic Orthopaedics Specialists --
https://www.atlanticorthopaedics.org/ -- specialize in orthopedic
care ranging from concussion care, pain management, sports
medicine, and more.[BN]
The Plaintiff is represented by:
Drew David Sarrett, Esq.
CONSUMER LITIGATION ASSOCIATES, PC
626 East Broad Street, Suite 300
Richmond, VA 23219
Phone: (804) 905-9900
Fax: (757) 930-3662
Email: drew@clalegal.com
VINELAND EQUITIES: Cheli Sues Over Inaccessible Property
--------------------------------------------------------
Charlene Cheli, an individual, on her own behalf and on the behalf
of all other similarly situated v. VINELAND EQUITIES, LLC, a New
Jersey Limited Liability Company, & CVS PHARMACY, INC., a Rhode
Island Corporation, Case No. 1:25-cv-00159 (D.N.J., Jan. 7, 2025),
is brought pursuant to the Americans with Disabilities Act ("ADA")
and the New Jersey Law Against Discrimination ("LAD") as a result
of the Defendant's inaccessible property.
The Plaintiff encounters architectural barriers at many of the
places that she visits. Seemingly trivial architectural features
such as cracked asphalt/concrete, access aisles, parking spaces,
curb ramps, and door handles are taken for granted by the
non-disabled but, when improperly designed or implemented, can be
arduous and dangerous to those who use wheelchairs and other
mobility devices.
The Plaintiff has visited the Property on several occasions over
the years, her last visit as a patron of the occurred on November
20, 2024. The Plaintiff visited the Property as a bone fide patron
with the intent to avail herself of the goods and services offered
to the public within but found that the Property contained several
violations of the ADA--both in architecture and in policy.
The ADA has been law for over 30 years and the Property remains
non-compliant. Thus, the Plaintiff has actual notice and reasonable
grounds to believe that she will continue to be subjected to
discrimination by the Defendants, says the complaint.
The Plaintiff is a mobility impaired person.
VINELAND EQUITIES, LLC, owns a parcel of land which encompasses a
place of public accommodation.[BN]
The Plaintiff is represented by:
Jon G. Shadinger Jr., Esq.
SHADINGER LAW, LLC
717 E. Elmer Street, Suite 7
Vineland, NJ 08360
Phone: (609) 319-5399
Email: js@shadingerlaw.com
WALMART INC: Bid to Extend Time to File Class Cert Bid Nixed
------------------------------------------------------------
In the class action lawsuit captioned as EDIE GOLIKOV, individually
and on behalf of all others similarly situated, v. WALMART INC.,
Case No. 2:24-cv-08211-RGK-MAR (C.D. Cal.), the Hon. Judge Gary
Klausner entered an order denying stipulated request to extend time
to file motion for class certification.
Walmart operates discount stores, supercenters, and neighborhood
markets.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=t7xYgF at no extra
charge.[CC]
WALMART INC: Sued Over Failure to Disclose Lead Contamination
-------------------------------------------------------------
Jade Burnett, individually, and on behalf of others similarly
situated v. Walmart, Inc., Case No. 3:25-cv-00228-LB (N.D. Cal.,
Jan. 7, 2025), is brought against the Defendant who failed to
disclose, and materially omits, that the Products contain lead.
According to independent scientific testing and analysis, the
Products contain 1.152 micrograms of lead per serving. California's
Proposition 65 states that the Maximum Allowable Dose Level
("MADL") for reproductive toxicity is 0.5 micrograms of lead per
day The amount of lead contained in a single serving of the
Products is more than double the maximum amount set forth by the
MADL.
Despite its failure to disclose the lead in the Products, Defendant
prominently advertises the superior quality of the Products.
Defendant states on the Product labels that the Products are:
"Great Quality. Great Price. Guaranteed. Our guarantee is our
promise that you'll be fully satisfied with the quality of every
Great Value product." (The "Representation"). This express
Representation is false and misleading due to the undisclosed lead
contained in the Products.
Certain other cocoa products available in the marketplace do not
contain detectible amounts of lead; or disclose that they contain
lead by including a Proposition 65 warning on the label of the
products. Defendant, however, intentionally deprives consumers of
making an informed choice between its Products and other cocoa
products available for purchase by failing to disclose, and
materially omitting, that the Products contain lead.
The Plaintiff and Class members have suffered economic injury based
on their purchase of the Products, which they would not purchased
or would have purchased on different terms had they known that the
Products contain lead, says the complaint.
The Plaintiff purchased the Products in this judicial district
during the class period.
Walmart Inc. manufactures, labels, advertises and sells Great Value
Milk Chocolate Flavor Hot Cocoa Mix (the "Products").[BN]
The Plaintiff is represented by:
Naomi Spector, Esq.
KAMBERLAW, LLP
3451 Via Montebello, Ste.192-212
Carlsbad, CA 92009
Phone: 310.400.1053
Fax: 212.202.6364
Email: nspector@kamberlaw.com
XOOM ENERGY: Expert Report Excluded in Part
-------------------------------------------
In the class action lawsuit captioned as SUSANNA MIRKIN,
Individually and on Behalf of All Others Similarly Situated, v.
XOOM ENERGY, LLC, and XOOM ENERGY NEW YORK, LLC, Case No.
1:18-cv-02949-ARR-JAM (E.D.N.Y.), the Court entered an order
granting in part and denying in part the plaintiff's motion to
exclude Mr. Coleman's expert report and testimony.
The Court excludes Mr. Coleman's report and testimony on the
following subjects:
1. Mr. Coleman's correlation analysis;
2. Mr. Coleman's opinions that XOOM's contracts and New York's
regulations did not, until recently, impose any cap on
XOOM's margins and prices;
3. Mr. Coleman's comparison of XOOM's margins to those of the DJIA
companies; and
4. Mr. Coleman's opinions regarding mitigation of damages.
In sum, the Court excludes Mr. Coleman's opinions that XOOM's
contracts and New York's regulations did not impose any limitation
on XOOM's prices and margins. However, the Court admits that its
opinions to the extent that they challenge the reasonable margins
advanced by plaintiff or her expert.
Susanna Mirkin, a former residential electricity customer of
defendants XOOM Energy, LLC and XOOM Energy New York, LLC, is the
lead plaintiff in the present class action, which alleges that she
and other similarly situated customers of XOOM were charged
exorbitant energy rates in breach of the pricing terms contained in
their contracts with XOOM.
XOOM is an independent energy service company ("ESCO") that
purchases energy from producers on the wholesale market and sells
that energy to consumers as an alternative to local utilities.
A copy of the Court's order dated Jan. 2, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GSsYwX at no extra
charge.[CC]
*********
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