/raid1/www/Hosts/bankrupt/CAR_Public/150106.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, January 6, 2015, Vol. 17, No. 4
Headlines
1845 OIL FIELD: Faces "McLeland" Suit Over Failure to Pay OT
AETNA INC: Sued in Cal. Over Discriminatory Business Practices
APPLE INC: Defends eBook Price-Fixing Class Action
AZ SOUTHEAST: "Lamazares" Suit Seeks to Recover Unpaid OT Wages
BARNES & NOBLE: Suit Over HP TouchPad Tablets Goes to Cal. Court
BARNES & NOBLE: 2nd Motion to Dismiss PIN Pad Litigation Tossed
BARNES & NOBLE: Proceedings in "Lina" Suit Stayed Pending Appeal
BARNES & NOBLE: Certification Sought for FLSA Violation Lawsuit
BENDIGO AND ADELAIDE: Settles Great Southern Class Action
BEVERLY HILLS, MO: Mayor to Fight Class Action Over Court Fees
BLACKBOARD INC: Sued in Illinois Over Illegal Calling Practices
BLUE SHIELD: Richie Gets Partial Class Certification Ruling
BP PLC: To Pare Global Portfolio Amid Oil Spill Litigation
BRICK & BREW: "Dickinson" Suit Seeks to Recover Unpaid OT Wages
BSH HOME: Moldy Washer Plaintiffs Seek Approval of Settlement
BUSHMASTER FIREARMS: Families of Sandy Hook Victims to File Suit
CALIFORNIA DELTA: Sued in Cal. Over Failure to Pay Overtime Wages
CANADA: British Columbia Inmates Mull Suit Over Segregation
CANTIGNY FOUNDATION: Suit Seeks to Recover Unpaid Overtime Wages
CAPITAL RANGER: Faces "Bayhi" Suit Over Failure to Pay Overtime
CARIBOU CAFE: Fails to Pay Workers Gratuities, "Carter" Suit Says
CLARKE ENGINEERING: Sued in Ind. Over Failure to Pay OT Wages
COAST DENTAL: Faces Class Action Over Medical Credit Card
CONE DRIVE: Michigan Suit Seeks to Recover Retirement Benefits
CONN'S INC: Faces "Indik" Suit Over Misleading Financial Reports
CONTINENTAL AIRLINES: 5th Cir. Upholds Ruling in "Carder" Case
CVS PHARMACY: Has Sent Unsolicited Text Messages, Suit Claims
DENVER RESTAURANT: Faces "Jimenez" Suit Over Failure to Pay OT
DIGITAL PAGE: Court Tosses Class Cert. Bid in FLSA Case
EL VALLE: Faces "Marciag" Suit Over Failure to Pay Overtime Wages
ERUCES INC: Sued in D. Kansas Over Misleading Financial Reports
FIFTH DIMENSION: Falsely Marketed Vodka Products, Action Claims
FINANCIAL LEAD: Gets Prelim. Approval of Franke Suit Settlement
FLUIDMASTER INC: Sued in Ill. Over Defective Toilet Connectors
FOREST LAB: Court Narrows Claims in Celexa/Lexapro Litigation
FRANKLIN COUNTY, MA: Joint Status Report Due January 16
FUSHA 311: "Apolinar" Suit Seeks to Recover Unpaid Overtime Wages
GALATI'S PIZZA: Faces "Martinez" Suit Over Failure to Pay OT
GEICO GENERAL: Wins Dismissal of "Carranza" Class Action
GILLS ELDERSBURG: Suit Seeks to Recover Unpaid OT Wages & Damages
GOLD & SILVER: Faces "Foster" Suit Over Failure to Pay Overtime
GOLD COAST: Faces "Forcade" Suit Over Failure to Pay Overtime
GOODMAN MANUFACTURING: Court to Dismiss "Fowler" Warranty Case
HAWAIIAN ELECTRIC: Faces Class Action Over NextEra Sale Deal
ILLINOIS: Prison Closure No Impact on Female Inmates' Conditions
ILLINOIS BELL: Obtains Partial Summary Judgment in Splicers' Suit
INTREPID DIRECTIONAL: Suit Seeks to Recover Unpaid Overtime Wages
KAPLAN INC: Doesn't Pay Employees Timely, "Freeman" Suit Claims
KOLBE & KOLBE: Court Junks Bid for Sanctions in Haley Class Suit
KOREA HYDRO: Thyroid Cancer Patients File Class Action
LAZZARI FUEL: April 22 Final Hearing on $4.5MM Settlement
LBV GNC: "Duarte" Suit Seeks to Recover Unpaid OT Wages & Damages
LIFE PROTECT: Faces "Wilk" Suit in N.Y. Over Violation of TCPA
LOCKHEED MARTIN: Trial Begins in Employees' 401(k) Suit
MACQUARIE LEASING: Appeals Court Ruling on Bank Fees Litigation
MACQUARIE LEASING: Lawsuit v. ANZ Over Late Payment Fees on Hold
MACQUARIE LEASING: Sued Over Fees Charged to New Zealand Customers
MACY'S: Seeks Dismissal of Jeans Labeling Class Action
MASSACHUSETTS: 1st Cir. Affirms Dist. Ct. Ruling in Connor Case
MED-CARE DIABETIC: Court Narrows Claims in "Al and Po Corp." Case
MICHAELS COMPANIES: Labor Claims Decertified; Filed Individually
MICHAELS COMPANIES: Dismissal of Data "Breach" Lawsuit Stands
MICHAELS COMPANIES: Faces Suit Over Data Security Breach in N.Y.
MICHAELS COMPANIES: Settlement of Cal. Zip Code Claims Approved
MORGAN ONE: "Samph" Suit Seeks to Recover Unpaid Overtime Wages
MORGAN STANLEY: Faces "Zanjonc" Suit Over Failure to Pay Overtime
NATIONAL ULTRASOUND: Has Sent Unsolicited Ads, Action Claims
NEW YORK, NY: Housing Authority Faces Class Action Over Molds
NORDSTROM INC: "Carranza" Suit Returns to San Bernardino Court
OMNI LIMOUSINE: Sued in Nevada Over Failure to Pay Overtime Wages
PERRY ELLIS: In Discussions to Settle "Ordaz" Labor Litigation
PETROBRAS: Value Worth Less Than in May 2008 Peak
PHILADELPHIA: Parson's Enrichment Claim Allowed to Go Forward
PRAXIS FILMS: Accused of Disclosing Gov't Confidential Info
RADIOSHACK CORP: Trial Court Ruling in "Brookler" Case Reversed
RELIANT CAPITAL: Has Invaded Class Member's Privacy, Suit Claims
RIMA OF LAKE CITY: Suit Seeks to Recover Unpaid Overtime Wages
RIO NEW YORK: Faces "Basulto" Suit Over Failure to Pay OT Wages
SAKS & COMPANY: Faces "Crawford" Suit Over Failure to Pay OT
SCHLUMBERGER TECH: Faces "McCarty" Suit Over Failure to Pay OT
SENIOR MARKET: "Silvio" Suit Seeks to Recover Unpaid OT Wages
SONY PICTURES: Faces "Bailey" Suit Over Alleged Data Breach
SONY PICTURES: Faces "Shapiro" Suit Over Alleged Data Breach
SONY PICTURES: Faces 2nd "Shapiro" Suit Over Alleged Data Breach
ST FRANCIS BOYS HOME: Police Investigates Sexual Abuse Claims
STANLEY BLACK: 2nd Cir. Remands "Frasier" Case to Dist. Court
STRATMAR FINANCIAL: "Hill" Suit Seeks to Recover Unpaid Overtime
STONERIDGE INC: Faces "Royal" Suit Over Defective Clutch Switch
STRYKER CORP: Faces Fines Over Knee Replacement Surgery Devices
SUNTRUST NAT'L: Fannie Mae Authorized to Conduct Foreclosure
SXB RESTAURANT: N.Y. Suit Seeks to Recover Unpaid Overtime Wages
SYNGENTA CORPORATION: Faces "Hill" Suit Over Illegal Sale of Corn
TAFOLINO'S INC: Faces "Montes" Suit Over Failure to Pay OT Wages
TESCO PLC: Faces Alstar LTD Suit Over Misleading Fin'l Reports
TEXAS: Children's Protective Services Faces Class Action
TILLY'S INC: Cert. Briefing in Suit v. World of Jeans Eyed 2015
TILLY'S INC: Answers Amended "Rebolledo" Labor Suit in Cal. Court
TILLY'S INC: "Whitten" Labor Litigation Stayed Pending Conference
TOYOTA MOTOR: Emerson Case Transferred to C.D. Calif.
UBER TECHNOLOGIES: Driver Misclassification Suits Consolidated
UNITED AUTOMOBILE: Faces OPEIU Suit Over ERISA Violation
WAL-MART STORES: Superior Court Ruling in Employees' Suit Upheld
WALKER RESOURCES: "Jenkins" Suit Seeks to Recover Unpaid Overtime
ZUFFA LLC: Illegally Fixes Mixed Martial Arts Promo, Suit Says
*********
1845 OIL FIELD: Faces "McLeland" Suit Over Failure to Pay OT
------------------------------------------------------------
Michael McLeland, individually and for others similarly situated,
v. 1845 Oil Field Services, Case No. 5:14-cv-01117 (W.D. Tex.,
December 19, 2014), is brought against the Defendants for failure
to pay overtime wages for work performed in excess of 40 hours per
week.
1845 Oil Field Services is an oil field services company.
The Plaintiff is represented by:
Richard J. Burch, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
AETNA INC: Sued in Cal. Over Discriminatory Business Practices
--------------------------------------------------------------
John Doe, on behalf of himself and all others similarly situated
v. Aetna, Inc., Aetna Healthcare, Inc., Aetna Specialty Pharmacy,
LLC, and Does 1-10, inclusive, Case No. 3:14-cv-02986 (S.D. Cal.,
December 19, 2014), arises out of the Defendants' discriminatory
business practices of requiring patients with HIV/AIDS to obtain
their specialty medications by mail order from the Defendant's
community pharmacy which threatens patients' privacy and reduces
their current health plan benefits.
The Defendants are foreign corporations or liability companies
that provide health plans in the States of Connecticut and
Pennsylvania.
The Plaintiff is represented by:
Edith M. Kallas, Esq.
WHATLEY KALLAS, LLP
1180 Avenue of the Americas, 20th Fl.
New York, NY 10036
Telephone: (212) 447-7060
Facsimile: (800) 922-4851
E-mail: ekallas@whatleykallas.com
- and -
Alan M. Mansfield, Esq.
WHATLEY KALLAS, LLP
10200 Willow Creek Road, Suite 160
San Diego, CA, 92131
Telephone: (619) 308-5034
Facsimile: (855) 274-1888
E-mail: amansfield@whatleykallas.com
- and -
Harvey Rosenfield, Esq.
Jerry Flanagan, Esq.
CONSUMER WATCHDOG
2701 Ocean Park Blvd., Suite 112
Santa Monica, CA 90405
Telephone: (310) 392-0522
Facsimile: (310) 392-8874
E-mail: Harvey@consumerwatchdog.org
jerry@consumerwatchdog.org
APPLE INC: Defends eBook Price-Fixing Class Action
--------------------------------------------------
Personal Financial Hub reports that Apple Inc. is beginning the
appeal for the verdict of an ebook trial.
The court has ruled Apple Inc. as guilty; they are guilty of
practicing anti-competitive measures. There are two ways in which
the company is guilty;
-- Publishers used to practice wholesale pricing. The
publishers would sell to the retailers in bulk and then the
retailers would sell at their own prices. Apple Inc. asked
publishers to switch; instead of following wholesale pricing, the
company said that the publishers must follow an agency model. In
this model, the publishers would set the retail prices meanwhile
the retailers would take a commission. According to the court,
this practice reduced the competition in terms of price.
-- Apple made a Most Favored Nation deal with publishers -- or so
it believed. According to this deal, the publishers would only
offer the best of terms to Apple Inc. and no other company. This
meant that the best deals would be made with Apple Inc. while the
lesser would be made with other retailers. The court believes
that this step also reduces the price competition. This is
because larger retailers, such as Amazon, would have easily made
better deals with publishers by passing savings to customers
instead of publishers.
Lawsuit
Apple Inc. argues that it is not guilty. Apple Inc.'s very step
into the book market increases competition. Before iBooks the
book market was dominated, undisputed, by the biggest retailer,
Amazon. According to Apple Inc. some prices needed to increase so
that the ebook market could become more viable for other
publishers. If such price rises did not occur, then the ebook
market would be smaller.
The court has already approved that Apple Inc. would have to pay
damages of $450 million in the case that it loses the appeal. For
a tech giant like Apple Inc., such a sum is not much. This
surprises some people; Apple Inc. should just pay the damages.
However, the company continues to fight. Eddy Cue from Apple Inc.
said that the company feels it necessary to fight for the truth
and stand up for its principles regardless of the cost.
AZ SOUTHEAST: "Lamazares" Suit Seeks to Recover Unpaid OT Wages
---------------------------------------------------------------
Richard Lamazares, individually & on behalf of all similarly
situated employees v. AZ Southeast Distributors LLC d/b/a Arizona
Beverages, Case No. 8:14-cv-03162 (M.D. Fla., December 19, 2014),
seeks to recover unpaid overtime wages and damages under the Fair
Labor Standard Act.
AZ Southeast Distributors LLC is a distributor of alcoholic
beverage making equipment and supplies.
The Plaintiff is represented by:
Bernard R. Mazaheri, Esq.
MORGAN & MORGAN, PA
Ste 1600, 20 N. Orange Ave, PO Box 4979
Orlando, FL 32801
Telephone: (407) 420-1414
Facsimile: (954) 333-3515
E-mail: bmazaheri@forthepeople.com
BARNES & NOBLE: Suit Over HP TouchPad Tablets Goes to Cal. Court
----------------------------------------------------------------
The consumer case filed by Kevin Khoa Nguyen against Barnes &
Noble, Inc. over the HP TouchPad Tablets was returned to the
United States District Court for the Central District of
California, according to the company's Dec. 8, 2014, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended Nov. 1, 2014.
On April 17, 2012, a complaint was filed in the Superior Court for
the State of California against the Company. The complaint is
styled as a nationwide class action and includes a California
state-wide subclass based on alleged cancellations of orders for
HP TouchPad Tablets placed on the Company's website in August
2011. The lawsuit alleges claims for unfair business practices and
false advertising under both New York and California state law,
violation of the Consumer Legal Remedies Act under California law,
and breach of contract. The complaint demands specific performance
of the alleged contracts to sell HP TouchPad Tablets at a
specified price, injunctive relief, and monetary relief, but does
not specify an amount. The Company submitted its initial response
to the complaint on May 18, 2012, removing the case to the United
States District Court for the Central District of California, and
moved to compel plaintiff to arbitrate his claims on an individual
basis pursuant to a contractual arbitration provision on May 25,
2012. The Company has also moved to dismiss the complaint and
moved to transfer the action to New York. The court denied the
Company's motion to compel arbitration, and the Company appealed
that denial to the Ninth Circuit Court of Appeals. The court
granted the Company's motion to stay on November 26, 2012, and the
action has been stayed pending resolution of the Company's appeal
from the court's denial of its motion to compel arbitration. On
August 18, 2014, the Ninth Circuit Court of Appeals affirmed the
district court's denial of the Company's motion to compel
arbitration. On September 2, 2014, the Company filed a petition
for rehearing and rehearing en banc in the Ninth Circuit Court of
Appeals. On October 14, 2014, the court denied the Company's
petition for rehearing and rehearing en banc, and on October 23,
2014, the mandate issued returning the case to the United States
District Court for the Central District of California.
BARNES & NOBLE: 2nd Motion to Dismiss PIN Pad Litigation Tossed
---------------------------------------------------------------
A second motion of Barnes & Noble, Inc. to dismiss a lawsuit over
"tampered" PIN pads is pending, according to the company's Dec. 8,
2014, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended Nov. 1, 2014.
As previously disclosed, the Company discovered that PIN pads in
certain of its stores had been tampered with to allow criminal
access to card data and PIN numbers on credit and debit cards
swiped through the terminals. Following public disclosure of this
matter on October 24, 2012, the Company was served with four
putative class action complaints (three in federal district court
in the Northern District of Illinois and one in the Northern
District of California), each of which alleged on behalf of
national and other classes of customers who swiped credit and
debit cards in Barnes & Noble Retail stores common law claims such
as negligence, breach of contract and invasion of privacy, as well
as statutory claims such as violations of the Fair Credit
Reporting Act, state data breach notification statutes, and state
unfair and deceptive practices statutes. The actions sought
various forms of relief including damages, injunctive or equitable
relief, multiple or punitive damages, attorneys' fees, costs, and
interest. All four cases were transferred and/or assigned to a
single judge in the United States District Court for the Northern
District of Illinois, and a single consolidated amended complaint
was filed. The Company filed a motion to dismiss the consolidated
amended complaint in its entirety, and in September 2013, the
Court granted the motion to dismiss without prejudice. The
Plaintiffs then filed an amended complaint, and the Company filed
a second motion to dismiss. That motion is pending.
The Company also has received inquiries related to this matter
from the Federal Trade Commission and eight state attorneys
general, all of which have either been closed or have not had any
recent activity. The Company intends to cooperate with them if
further activity arises. In addition, payment card companies and
associations may impose fines by reason of the tampering and
federal or state enforcement authorities may impose penalties or
other remedies against the Company.
BARNES & NOBLE: Proceedings in "Lina" Suit Stayed Pending Appeal
----------------------------------------------------------------
The trial court stayed all proceedings in Lina v. Barnes & Noble,
Inc., and Barnes & Noble Booksellers, Inc. et al. pending an
appeal against the denial of certification to the suit, according
to the company's Dec. 8, 2014, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended Nov. 1,
2014.
On August 5, 2011, a purported class action complaint was filed
against Barnes & Noble, Inc. and Barnes & Noble Booksellers, Inc.
in the Superior Court for the State of California making the
following allegations with respect to salaried Store Managers at
Barnes & Noble stores located in California from August 5, 2007 to
present: (1) failure to pay wages and overtime; (2) failure to pay
for missed meals and/or rest breaks; (3) waiting time penalties;
(4) failure to pay minimum wage; (5) failure to reimburse for
business expenses; and (6) failure to provide itemized wage
statements. The claims are generally derivative of the allegation
that these salaried managers were improperly classified as exempt
from California's wage and hour laws. The complaint contains no
allegations concerning the number of any such alleged violations
or the amount of recovery sought on behalf of the purported class.
The Company was served with the complaint on August 11, 2011.
On July 1, 2014 the court denied plaintiff's motion for class
certification. The court ruled that plaintiff failed to satisfy
his burden to demonstrate common issues predominated over
individual issues, that plaintiff was a sufficient class
representative, or that a class action was a superior method to
adjudicate plaintiff's claims. Plaintiff filed a notice of appeal
on August 29, 2014. No appellate briefing schedule has been set.
On November 18, 2014, the trial court stayed all proceedings
pending appeal.
BARNES & NOBLE: Certification Sought for FLSA Violation Lawsuit
---------------------------------------------------------------
A certification motion is filed in a suit against Barnes & Noble,
Inc. by a former Assistant Store Manager who alleges violations of
the Fair Labor Standards Act, according to the company's Dec. 8,
2014, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended Nov. 1, 2014.
On January 25, 2013, Steven Trimmer (Trimmer), a former Assistant
Store Manager (ASM) of the Company, filed a complaint in the
United States District Court for the Southern District of New York
alleging violations of the Fair Labor Standards Act (FLSA) and New
York Labor Law (NYLL). Specifically, Trimmer alleges that he and
other similarly situated ASMs were improperly classified as exempt
from overtime and denied overtime wages prior to July 1, 2010,
when the Company reclassified them as non-exempt. The complaint
seeks to certify a collective action under the FLSA comprised of
ASMs throughout the country employed from January 25, 2010 until
July 1, 2010, and a class action under the NYLL comprised of ASMs
employed in New York from January 25, 2007 until July 1, 2010. The
parties have completed the first phase of discovery with respect
to the individual claims asserted by Trimmer and one opt-in
plaintiff only. The Company filed a summary judgment motion on
November 25, 2013, which was denied on July 18, 2014. Plaintiff
filed a motion for class certification on November 7, 2014. Barnes
& Noble's opposition papers are due December 5, 2014; Plaintiff's
reply papers are due December 15, 2014. The Court has not yet set
a hearing date for the certification motion.
BENDIGO AND ADELAIDE: Settles Great Southern Class Action
---------------------------------------------------------
Ian Rogers, writing for BankingDay, reports that Bendigo and
Adelaide Bank may have erred on the side of generosity -- and
burnishing its own reputation -- in electing to settle a long
running legal wrangle over agribusiness loans connected to the
Great Southern timber plantation schemes.
The bank and the plaintiff lawyers outlined terms of the
settlement that provides for a payment of A$23.55 million,
expected to be funded through an insurance claim once a scheme of
arrangement comes into effect. That deed also confirmed that
loans with Bendigo and Adelaide Bank are valid and enforceable,
accrued standard interest on loans is payable; and overdue
interest that has been accrued and unpaid as at the date of
approval has been waived.
The bank, however, need not have settled.
The Supreme Court of Victoria produced, in full, the final and
previously unpublished ruling of Justice Clyde Croft, which was
prepared but not released in July this year. The court deferred
publication of the judgment after the parties finally sought a
settlement.
In that ruling Justice Croft summarized the case this way:
"In relation to the proceedings which are set down for trial on
all issues, the court finds that the relevant plaintiffs have not
established:
-- that they relied on the relevant product disclosure
statements;
-- that they have suffered any loss or damage;
-- nor, if it were established that any loss and damage had been
suffered:
-- that their loss or damage arose because of being given a
'defective' PDS; or
-- that the defendants (Bendigo Bank) are liable for their loss
or damage."
The bank thus secured a comprehensive victory in the original
trial.
BEVERLY HILLS, MO: Mayor to Fight Class Action Over Court Fees
--------------------------------------------------------------
Christina Coleman, writing for KSDK, reports that Beverly Hills,
Missouri, Mayor Myrtle Spann is speaking out saying her town is
ready to put up a fight against a class action lawsuit regarding
court fees.
Beverly Hills is one of seven St. Louis County towns that have
been slapped with one of these class action lawsuits. A team of
attorneys wants the cities of Ferguson, Beverly Hills, Fenton,
Jennings, Pine Lawn, Wellston and Velda City to reimburse
defendants who paid fees for warrants and failure to appear in
court letters. The SLU Law Clinic, Arch City Defenders and
Campbell Law firm are currently representing about a dozen
plaintiffs in these towns.
They claim the court fees in these municipalities are illegal and
are taking advantage of low-income defendants. The suits claim
that fees for warrants are not authorized by state law. They say
the various court fines pile-up and sometimes don't get paid
because defendants can't afford it.
Mayor Myrtle Spanns says Beverly Hills will not be reimbursing
traffic violators.
"Somewhere along the line you've got to be responsible for your
actions," Mayor Spanns said. She says they have already allowed
defendants an opportunity to get rid of their fees by showing up
to court and rescheduling a court date.
Beverly Hills officials plan to meet to discuss how to fight this
lawsuit.
BLACKBOARD INC: Sued in Illinois Over Illegal Calling Practices
---------------------------------------------------------------
Rafael Valladares, individually and on behalf of classes of
similarly situated individuals v. Blackboard, Inc., a Delaware
corporation, and Blackboard Connect, Inc., a North Carolina
corporation, Case No. 1:14-cv-10272 (N.D. Ill., December 22,
2014), seeks to redress the Defendants' unlawful automated calling
practices in the form of unauthorized informational calls to
cellular telephones.
The Defendants are providers of calling technology and services to
universities and other schools.
The Plaintiff is represented by:
Myles McGuire, Esq.
Evan M. Meyers, Esq.
Eugene Y. Turin, Esq.
MCGUIRE LAW, P.C.
161 North Clark Street, 47th Fl
Chicago, IL 60601
Telephone: (312) 216-5179
Facsimile: (312) 275-7895
E-mail: mmcguire@mcgpc.com
emeyers@mcgpc.com
eturin@mcgpc.com
BLUE SHIELD: Richie Gets Partial Class Certification Ruling
-----------------------------------------------------------
District Judge Edward M. Chen granted in part and denied in part
plaintiff's motion for class certification in the case captioned
RONIE RICHIE, Plaintiff, v. BLUE SHIELD OF CALIFORNIA, Defendant,
NO. C-13-2693 EMC, (N.D. Cal.). A copy of the December 9, 2014
ruling is available at http://is.gd/bMkC66from Leagle.com.
The Plaintiff sought to conditionally certify her Fair Labor
Standards Act claims alleging that Blue Shield failed to pay
telecommuting claims processors for "off-the-clock" work. The
alleged "off-the-clock" work was done as a result of Blue Shield
(1) requiring the telecommuting claims processors to come into an
office once a month for meetings without paying the telecommuters
for their travel time and (2) requiring telecommuters to meet 125%
of the normal production goals, effectively requiring them to work
beyond an 8 hour shift. Plaintiff also sought to certify under
Rule 23 California state claims alleging that Blue Shield failed
to reimburse the telecommuters for necessary business expenses --
specifically costs associated with maintaining a phone in their
home (as required by Blue Shield policy), mileage expenses for
traveling to a Blue Shield office for required meetings, and
various "home office expenses.
According to Judge Chen, Plaintiff's motion for conditional
certification under the FLSA is granted to the extent it is based
on Blue Shield's alleged failure to compensate telecommuting
claims processors for the time spent traveling to and from
mandatory meetings. Plaintiff's motion for class certification of
her California Labor Code Sections 2802 and UCL claim under
Federal Rule of Civil Procedure 23 is granted to the extent it is
based on Blue Shield's alleged failure to reimburse telecommuting
claims processors for telephone-related expenses. Plaintiff's
motion is denied in all other respects.
The Court ordered the parties to meet and confer regarding the
form and substance of the class notices in this action, consistent
with this order. The parties were directed to file a stipulated
class notice with the Court by January 5, 2015.
Ronie Richie, Plaintiff, represented by James Michael Treglio --
jtreglio@clarklawyers.com -- CLARK & TREGLIO, Laura M. Cotter --
lcotter@clarklawyers.com -- Clark Law Firm, R Craig Clark --
cclark@clarklawyers.com -- Clark Law Firm & Walter Lewis Haines --
walter@whaines.com -- United Employees Law Group, P.C. and:
David Roger Markham, Esq.
Clark & Markham LLP
600 B Street #2130
San Diego, CA 92101
Telephone: +1 619-238-8116
Blue Shield of California, Defendant, represented by Christopher
Aaron Rheinheimer -- crheinheimer@manatt.com -- Manatt, Phelps &
Phillips, Andrew Lee Satenberg -- asatenberg@manatt.com -- Manatt,
Phelps & Phillips, LLP & Sharon Beth Bauman -- sbauman@manatt.com
-- Manatt Phelps Phillips LLP.
BP PLC: To Pare Global Portfolio Amid Oil Spill Litigation
----------------------------------------------------------
Jennifer A. Dlouhy, writing for Houston Chronicle, reports that
after the 2010 oil spill that killed 11 workers and sent more than
4 million barrels of crude gushing into the Gulf of Mexico, BP had
to pare its portfolio around the globe and sell off $43 billion in
assets, including refineries, pipelines and producing wells.
In the process, the London-based firm became a leaner company,
with a slimmed-down portfolio that makes it better prepared to
weather a bear oil market than some competitors just beginning
similar cost-cutting.
But BP America Chairman John Minge said, who spoke exclusively to
the Houston Chronicle in his first one-on-one interview since
taking the job almost two years ago, cast BP's U.S. restructuring
as a success story, with the company rebounding from a devastating
accident, despite ongoing litigation, billions in fines still
undetermined and some sell-offs still on the horizon.
"It's a huge kind of recovery -- turnaround -- story," said
Mr. Minge, who is based in Houston. "To be where we are today,
four plus years after a devastating accident, and the way that
we've responded, I'm proud of our employees for the resilience
they've had."
To pay for mounting spill costs, Minge and other BP executives
have wielded the ax with a "value over volume" strategy, shedding
projects nearing the end of their lifespans or that wouldn't
compete for capital within the company. For instance, last
spring, BP sold interests in four Alaska oil projects, while
holding on to its core asset there -- the massive Prudhoe Bay oil
field, which is harboring 35 trillion cubic feet of gas.
Minge said BP's North Slope gambit is illustrative of the
company's new approach.
"Alaska was a decision for us to focus . . . on the biggest prize
and find a way to develop the vast resources that are available,"
Mr. Minge said.
BP is also cutting staff, including back-office corporate workers
and midlevel supervisors around the globe -- part of ongoing work
to simplify operations and boost efficiency. Although savings are
expected over time, in the short term the cuts will translate to
$1 billion in restructuring charges.
Of the company's $43 billion in asset sales since the spill, the
initial $40 billion came while oil prices were relatively high.
Fadel Gheit, an analyst with Oppenheimer & Co., noted that
proceeds from that first round of sales exceeded forecasts.
"BP benefited from strong oil prices over the last four years," he
said.
But now, with oil prices at five-year lows, BP is just one-third
of the way toward its latest goal: shedding another $10 billion by
2016. Mr. Minge said future sell-offs are not a sure thing.
"With oil prices going down, if we don't get fair value, then we
could reconsider that," he said.
Even so, the restructuring already completed leaves BP with what
Mr. Minge described as "a more focused, smaller portfolio, where a
lot of risk has been removed."
"It's the highest quality stuff," he said. "We're set up well for
the future, whether high oil prices or low oil prices."
Analysts say BP had to cut much deeper than it ever intended --
far beyond the streamlining that other super-majors now are
touting as their strategy for surviving low crude prices.
"You get in a fire sale mode like they were in, I'm sure they sold
some assets they never envisioned selling," said Brian Youngberg,
a senior energy analyst with Edward Jones. "They can deliver on
growth over time, but they would be better positioned if they
hadn't had to sell as much as they did."
The risks for BP also are more acute in a low-oil-price
environment, because of the ongoing uncertainty over its spill
liability and its 2012 investment in Russia's Rosneft, which has
lost half its value amid the price slide and Western sanctions
over Russia's actions in Ukraine.
Those factors leave BP less room for error, Youngberg said.
More of its cash flow is dependent on upstream production,
especially after the sell-off of some downstream refining
operations and pipelines.
"The collapse in oil prices hurts all oil producers, but they hurt
BP more than others," Oppenheimer's Gheit said. "While other
integrated oil companies are suffering from low oil prices and
some from exposure to Russia, BP has both, plus the potential
large oil spill liabilities. BP also has a much higher debt ratio
than most of its peers."
The 2010 oil spill casts a long shadow over all of BP's work,
partly because of the company's decision to battle some claims
paid out under its 2012 class action settlement with victims of
the disaster and challenge the way the government assesses a Clean
Water Act penalty. The Supreme Court refused to hear BP's claims
that some claimants who are winning payments under the settlement
were not financially harmed by the spill.
BRICK & BREW: "Dickinson" Suit Seeks to Recover Unpaid OT Wages
---------------------------------------------------------------
Jeffrey Scott Dickinson and Sharon Haindl, Individually and on
Behalf of All Others Similarly Situated v. Brick & Brew, Hearth of
Havertown, LLC and Thomas Kane, Case No. 2:14-cv-07267 (E.D. Pa.,
December 22, 2014), seeks to recover unpaid wages, overtime,
liquidated damages, costs, pre and post-judgment interest, and
reasonable attorneys' fees under the Fair Labor Standards Act.
The Defendants own and operate a restaurant located at 2138 Darby
Road, Havertown, PA 19083.
The Plaintiff is represented by:
Jason T. Brown, Esq.
JTB LAW GROUP, LLC
155 2ND Street, Suite 4
Jersey City, NJ 07302
Telephone: (201) 630-0000
E-mail: jtb@jtblawgroup.com
BSH HOME: Moldy Washer Plaintiffs Seek Approval of Settlement
-------------------------------------------------------------
Emily Field and Sindhu Sundar, writing for Law360, report that
lead plaintiffs in a class action alleging BSH Home Appliances
Corp. made defective, moldy washing machines asked a California
federal judge on Dec. 12 to approve a settlement proposal in which
BSH will pay $55 to "many thousands" of washing machine
purchasers.
The proposed settlement would end allegations that BSH's front-
loading washing machines fail to clean themselves through regular
use, like traditional top-loading machines, and instead trap a
slurry of suds, detergent and wastewater that promotes the growth
of bacteria, mold and fungus.
The plaintiffs asked for a Jan. 12, 2015, hearing to preliminarily
approve the settlement, according to the motion.
In June 2011, then-named plaintiffs Diana Tait and Nancy Wentworth
filed the suit, which was later consolidated with a similar
California action, alleging BSH breached express and implied
warranties. The plaintiffs also levied counts for unjust
enrichment and false advertising.
The class members, if approved, would be identified through BSH's
warranty records. The national proposed class comprises the
original purchasers of one or more Bosch or Siemens brand 27-inch
front-loading washers, according to the motion.
The settlement class involves many thousands of consumers,
according to the motion.
The plaintiffs told the judge that the settlement proposal was a
result of two sessions of mediations with retired judges Daniel S.
Pratt in December 2013 and Dickran Tevrizian in September 2014.
"The hard-fought and arm's-length negotiations started well after
substantial fact discovery and motions practice had taken place,
including class certification, and concluded only after the
parties had completed expert discovery and had briefed summary
judgment, decertification, and numerous Daubert challenges," the
plaintiffs said.
The plaintiffs also said that, given the risks of litigation, the
settlement proposal fairly benefited the class.
"That [$55 payment] represents a substantial percentage of
plaintiffs' per-washer damages estimates, which ranged from $113
to $396, depending on the damages methodology employed," the
plaintiffs said.
The plaintiffs also noted Whirlpool Corp.'s October win in a
class action trial over moldy washers, in which the jury rejected
allegations by plaintiffs Gina Glazer and Trina Allison that the
Whirlpool washer models at issue were negligently designed.
That dispute involved 20 front-loading washer models sold to Ohio
residents over an eight-and-a-half-year span, beginning in 2001.
"In addition, the recent trial of a class action against Whirlpool
for similar alleged misconduct -- designing and marketing front-
load washing machines with a propensity to develop biofilm, mold
and foul odors -- resulted in a complete unanimous defense
verdict," the plaintiffs said. "While plaintiffs believe that the
Whirlpool result is unique to that case, the verdict nonetheless
underscores the inherent uncertainty in any trial, even where a
party has confidence in their claims, as plaintiffs do here."
U.S. District Judge David O. Carter granted a joint stipulation to
stay the proceedings in November, after the parties told him that
they planned to settle.
The dispute was originally scheduled to go to trial next year on
Jan. 13, 2015, according to court documents
The plaintiffs are represented by Kristen L. Sagafi, Brendan P.
Glackin and Nimish R. Desai of Lieff Cabraser Heimann & Bernstein
LLP.
BSH is represented by Rick L. McNight -- fmcknight@jonesday.com --
Elwood G. Lui -- elui@jonesday.com -- Erik K. Swanholt, Erin L
Burke and Jason Corbitt Wright -- jcwright@jonesday.com -- of
Jones Day and Willis DePasquale LLP.
The case is Diana Tait et al v. BSH Home Appliances Corp., case
number 8:10-cv-00711, in the U.S. District Court for the Central
District of California.
BUSHMASTER FIREARMS: Families of Sandy Hook Victims to File Suit
----------------------------------------------------------------
Don Dahler, writing for CBS News, reports that on Dec. 15, some
families were expected to announce their part in a class-action
lawsuit against the maker of the assault rifle Adam Lanza used.
Two years ago, 20-year-old Lanza opened fire at Sandy Hook
Elementary School in Newtown, Conn. 20 children and six adults
were killed.
The families whose loved ones were taken from them in 2012 have
had 24 months to mourn, 24 months to try to understand why, and 24
months to take legal action. That period ended Dec. 14. So Sandy
Hook victims' families have reportedly filed a lawsuit against
Bushmaster Firearms International, the company that made the semi-
automatic rifle Adam Lanza carried.
None of the families or their attorneys are commenting, but Conn.
Senator Richard Blumenthal is.
"Two years [have] passed and Congress has been complicit in the
gun violence in this country by failing to act. And I share the
frustration that may in part may underlie the reason for this
legal redress," said Senator Blumenthal.
Bushmaster's sister company Remington is the subject of another
class-action lawsuit. The plaintiffs in that suit contend the
Model 700 rifle can fire inadvertantly even if the trigger isn't
pulled. But the Newtown families aren't accusing Bushmaster of
making a faulty weapon.
New York attorney Robert Fellows says the bar is high.
"If you can prove that a manufacturer knew in some way that the
gun would end up the hands of a proscribed purchaser, someone who
shouldn't have the gun, you might be able to show liability. But
it is going to be very difficult," he said.
The families are enlisting some big name legal talent, including
Michael Koskoff, who represented the Jackson family in their suit
against the promoter of Michael Jackson's last tour and Karen
Hinton, a former aide to President Clinton.
Newtown has no plans for any ceremonies marking the second
anniversary of the shooting.
CALIFORNIA DELTA: Sued in Cal. Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Phillip Campbell, Petar Ivanov, Dmitry Khozhemyakin, Alexy
Zuyagintsev, as individuals and on behalf of those similarly-
situated v. California Delta Mechanical, Inc., Delta Mechanical,
Inc., Todor Kitchukov, and Does 1 Through 8, inclusive, Case No.
3:14-cv-05548 (N.D. Cal., December 19, 2014), is brought against
the Defendants for failure to pay overtime wages for work
performed in excess of 40 hours per week.
California Delta Mechanical, Inc. owns and operates a plumbing
company in California.
The Plaintiff is represented by:
John H. Douglas, Esq.
DOUGLAS LAW OFFICES
100 Pine St., Suite 1250
San Francisco, CA 94111
Telephone: (415) 794-4751
Facsimile: (415) 795-3432
E-mail: jdouglas@douglaslegal.com
CANADA: British Columbia Inmates Mull Suit Over Segregation
-----------------------------------------------------------
Sunny Dhillon, writing for The Globe and Mail, reports that
inmates at a B.C. prison who were confined to their cells for 10
days and denied access to medication, showers, phones, visitors
and legal counsel were victims of unjustified administrative
segregation and should be allowed to proceed with a class-action
lawsuit, say their lawyers.
The lockdown occurred in January, 2010, at Kent Institution, a
federal maximum-security prison in the Upper Fraser Valley
community of Agassiz. Prison officials believed an improvised
firearm had been smuggled into the facility, though one was never
found.
A framed photo of her late son, Eddie Snowshoe, hangs on a wall of
Effie Bella Snowshoe's Fort McPherson, NWT home. Eddie died by
suicide while serving time in segregation in an Edmonton area
correctional institution.
A scathing report by the federal Office of the Correctional
Investigator said compliant and handcuffed inmates were led out of
their cells at gunpoint and strip-searched with little regard for
dignity or privacy. The report said there was an abuse of
correctional power and authority, and violations of human rights.
A certification hearing that will determine whether the class-
action lawsuit against the Attorney-General of Canada can proceed
began on Dec. 15 in B.C. Supreme Court.
Tonia Grace, a lawyer representing the inmate who launched the
court case, said the actions taken during the lockdown were
unlawful. "Inmates were placed in what was, in effect, a
prolonged and unjustified period of administrative segregation,"
she told the court.
The Globe and Mail this month highlighted the case of Eddie
Snowshoe, a man who took his life at a prison in Alberta after he
had spent 162 straight days in solitary confinement.
The federal government last week rejected calls to place limits on
solitary confinement in federal prisons, dismissing
recommendations from the Ashley Smith inquest. At the age of 19,
Ms. Smith died of suicide in her Ontario cell after having spent
long periods in solitary confinement or segregation.
The use of solitary confinement has been on the rise in Canada,
even as other jurisdictions have turned away from using it. The
government has said solitary confinement differs from
administrative segregation, because inmates in administrative
segregation can sometimes still have staff visits and TV. It has
acknowledged, however, that long periods in administrative
segregation are "generally not conducive to healthy living."
Ms. Grace said there were 222 inmates at Kent Institution at the
time of the lockdown and she would expect nearly all of them to
join the class-action lawsuit, if it was certified.
Ms. Grace spent part of the Dec. 15 hearing reading excerpts of
the Office of the Correctional Investigator report aloud. She
noted the report, which was released in March, 2011, said that by
the end of the lockdown period "the physical conditions of
confinement could best be described as mentally distressing and
physically inadequate, even by maximum security standards."
The report also said an internal review found the delivery of
items and services to meet basic living needs, including the
opportunity for fresh air and exercise, would not have increased
the threat or risk level.
Lawyers for the Attorney-General of Canada were expected to begin
their submissions on Dec. 15. Counsel declined to discuss the
case outside court, referring questions to a Department of Justice
spokesperson. The Department of Justice then referred questions
to Correctional Service Canada. A CSC spokesman said it would be
inappropriate to comment since the matter is before the courts.
The certification hearing was expected to run through Dec. 17.
The correctional investigator's report said Kent Institution's
relatively isolated location -- about 150 kilometers east of
Vancouver -- has affected its capacity to attract and retain
experienced staff. It said the facility has had a tarnished
history, including a high number of hostage takings and lockdowns.
CANTIGNY FOUNDATION: Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Tad Stephens, individually and on behalf of all persons similarly
situated as members of the Collective as permitted under the Fair
Labor Standards Act v. Cantigny Foundation, Case No. 1:14-cv-10231
(N.D. Ill., December 19, 2014), seeks to recover overtime wages,
liquidated damages, treble damages, reasonable attorney's fees and
costs under the Fair Labor Standard Act.
Cantigny Foundation owns and operates a museum located at 1S151
Winfield Rd. Wheaton, IL 60187.
The Plaintiff is represented by:
John Craig Ireland, Esq.
THE LAW FIRM OF JOHN C. IRELAND
636 Spruce Street
South Elgin, IL 60177
Telephone: (630) 464-9675
E-mail: atty4employees@aol.com
CAPITAL RANGER: Faces "Bayhi" Suit Over Failure to Pay Overtime
---------------------------------------------------------------
Christopher Bayhi, individually and on behalf of all others
similarly situated v. Capital Ranger Protective Services, LP and
Ranger Protection Agency, LLC, Case No. 3:14-cv-04478 (N.D. Tex.,
December 22, 2014), is brought against the Defendants for failure
to pay overtime compensation in violation of the Fair Labor
Standard Act.
The Defendants own and operate a security agency in Dallas, Texas.
The Plaintiff is represented by:
William S. Hommel Jr., Esq.
WILLIAM S HOMMEL JR PC
1404 Rice Road, Suite 200
Tyler, TX 75703
Telephone: (903) 596-7100
Facsimile: (469) 533-1618
E-mail: bhommel@hommelfirm.com
CARIBOU CAFE: Fails to Pay Workers Gratuities, "Carter" Suit Says
-----------------------------------------------------------------
Tyree Carter, Emily Holod, Jason McCarthy, Carrie Ann Sanford and
Samuel Sierra, individually and on behalf of all others similarly
situated v. Caribou Cafe, Inc., Case No. 2:14-cv-07187 (E.D. Pa.,
December 19, 2014), is brought against the Defendant for failure
to pay employees gratuities, specifically by deducting credit card
costs and fees prior to issuing earned gratuities and failure to
compensate employees for overtime.
Caribou Cafe, Inc. owns and operates a restaurant at 1126 Walnut
Street, Philadelphia, Pennsylvania.
The Plaintiff is represented by:
Lance Geren, Esq.
FREEDMAN AND LORRY P.C.
1601 Market Street, Suite 1500
Philadelphia, PA 19103
Telephone: (215) 931-2573
E-mail: lgeren@freedmanlorry.com
CLARKE ENGINEERING: Sued in Ind. Over Failure to Pay OT Wages
-------------------------------------------------------------
Timothy Hedrick, individually and on behalf of others similarly
situated v. Clarke Engineering Services, Inc., and Acquire
Automation, Inc., Case No. 1:14-cv-02085 (S.D. Ind., December 19,
2014), is brought against the Defendants for failure to pay
overtime wages for work performed in excess of 40 hours weekly.
The Defendants are sister businesses engaged in providing
engineering and automation services headquartered in Fishers,
Indiana.
The Plaintiff is represented by:
Robert F. Hunt, Esq.
HUNT HASSLER LORENZ & KONDRAS LLP
100 Cherry Street
Terre Haute, IN 47807
Telephone: (812) 232-9691
Facsimile: (812) 234-2881
E-mail: hunt@huntlawfirm.net
COAST DENTAL: Faces Class Action Over Medical Credit Card
---------------------------------------------------------
Cristin Severance, writing for ABC 10 News, reports that 10
learned a class action lawsuit has been filed against a dental
group accused of not following the law when pressuring patients to
sign up for a medical credit card.
Irene Simon went to SmileCare in La Mesa after she had a toothache
that just kept getting worse. "Everyone seemed very nice and like
they knew what they were doing," she said.
Ms. Simon said they told her she needed two teeth pulled right
away. They also said she needed a lot more dental work done,
including crowns and a root canal. "I told them I just can't
now," said Ms. Simon. "Moneywise, there is no way."
She said they told her to apply for a credit card there in the
office that would cover the other procedures. Ms. Simon said she
was reluctant because of her fixed income.
"While they were pulling the teeth and the Novocaine was being
shot in me . . . they said I was approved for $5,000 for this
credit care card," she said. "They asked me to sign a paper,
which I did."
Ms. Simon said she got a bill from the credit card company for
more than $4,000. She owed SmileCare another $1,800.
"I couldn't believe it," said Ms. Simon. "I thought my world was
coming to an end."
Ms. Simon hired attorney Gregg Babbitt who is with Rosner, Barry
and Babbitt, LLP.
"She was pressured into doing this," said Mr. Babbitt. "She
didn't want to do it."
Mr. Babbitt said SmileCare broke California law by not providing
several specific disclosures such as what services she would
receive, the cost for each service and whether insurance would
cover treatment.
"They did not provide this to Ms. Simon," said Mr. Babbitt. He
believes this has happened to other patients.
Mr. Babbitt filed a class action lawsuit against Coast Dental
Inc., a corporation doing business as SmileCare Family Dentistry.
Simon said this whole thing has hurt her credit score and her
trust in people.
"I really feel old," she said. "I feel old that someone took
advantage of me."
Team 10 contacted SmileCare in La Mesa and was directed to the
corporate office in Tampa, Florida. They released this statement:
"The company denies Ms. Simon's allegations. As is our policy,
she was provided with and she signed the full CareCredit
disclosures and the written treatment plans that outlined her
options, costs and estimated insurance coverage. We look forward
to providing the supporting documents and more information when
the patient gives us permission to do so."
CONE DRIVE: Michigan Suit Seeks to Recover Retirement Benefits
--------------------------------------------------------------
International Union, United Automobile Aerospace And Agricultural
Workers of America, UAW, and its Local 21 and Sally Kantz, Duane
Lautner, Joseph Rudolph, and George Snyder, as individuals, on
behalf of themselves and all persons similarly situated v. Cone
Drive Operations, Inc., Case No. 1:14-cv-01304 (W.D. Mich.,
December 19, 2014), seeks to recover benefits due under an
employee welfare benefit plan.
Cone Drive Operations, Inc. owns and operates a plant in Traverse
City.
The Plaintiff is represented by:
Michael L. Fayette, Esq.
PINSKY SMITH FAYETTE & KENNEDY LLP
146 Monroe Ctr. St., NW, Ste. 805
Grand Rapids, MI 49503-2824
Telephone: (616) 451-8496
E-mail: mlfayette@sbcglobal.net
CONN'S INC: Faces "Indik" Suit Over Misleading Financial Reports
----------------------------------------------------------------
Martin K. Indik, individually and on behalf of all others
similarly situated v. Conn's, Inc., Theodore M. Wright, Brian E.
Taylor, and Michael J. Poppe, Case No. 4:14-cv-03660 (S.D. Tex.,
December 22, 2014), alleges that the Defendants made false and
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects.
Conn's, Inc. is a specialty retailer that currently operates 91
retail locations in Arizona, Colorado, Louisiana, Mississippi,
Nevada, New Mexico, North Carolina, Oklahoma, South Carolina,
Tennessee and Texas.
The Plaintiff is represented by:
Sammy Ford IV, Esq.
ABRAHAM WATKINS NICHOLS SORRELS AGOSTO & FRIEND
800 Commerce St
Houston, TX 77002
Telephone: (713) 222-7211
E-mail: sford@abrahamwatkins.com
CONTINENTAL AIRLINES: 5th Cir. Upholds Ruling in "Carder" Case
--------------------------------------------------------------
The United States Court of Appeals, Fifth Circuit affirmed a
district court ruling in DEREK CARDER, An Individual, on Behalf of
Himself and all Others Similarly Situated; DREW DAUGHERTY, An
Individual, on Behalf of Himself and all Others Similarly
Situated; ANDREW KISSINGER, An Individual, on Behalf of Himself
and all Others Similarly Situated, Plaintiffs-Appellants, v.
CONTINENTAL AIRLINES, INCORPORATED, a Delaware Corporation,
Defendant-Appellee, NO. 14-20291.
Plaintiff-Appellants, each current or former members of the armed
services, appealed from the grant of summary judgment in favor of
Defendant-Appellee Continental Airlines, Incorporated on
Plaintiff-Appellants' claims under the Uniformed Services
Employment and Reemployment Rights Act of 1994 (USERRA).
Plaintiff-Appellants also appealed the denial of their motions for
summary judgment pending the completion of discovery pursuant to
Federal Rule of Civil Procedure 56(d) and the grant of
Continental's motion to stay discovery pending resolution of the
summary judgment motions.
The Fifth Circuit affirmed the district court on each ruling in an
opinion dated December 10, 2014, a copy of which is available at
http://is.gd/nWHL3Efrom Leagle.com
CVS PHARMACY: Has Sent Unsolicited Text Messages, Suit Claims
-------------------------------------------------------------
Janice Thompson, individually and on behalf of all others
similarly situated v. CVS Pharmacy, Inc., a Rhode Island
corporation, Case No. 6:14-cv-02081 (M.D. Fla., December 19,
2014), seeks to redress the Defendant's practice of sending
unsolicited text messages to the cellular telephones of consumers
nationwide.
CVS Pharmacy, Inc. is one of the largest operators of retail
drugstores in the United States.
The Plaintiff is represented by:
Stefan Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, PLLC
28th Floor, 201 S Biscayne Blvd
Miami, FL 33131
Telephone: (877) 333-9427
Facsimile: (888) 498-9827
E-mail: law@stefancoleman.com
- and -
Rafey S. Balabania, Esq.
Benjamin H. Richman, Esq.
J. Dominick Larry, Esq.
EDELSON PC
350 North La Salle Street, Suite 1300
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: rbalabanian@edelson.com
brichman@edelson.com
nlarry@edelson.com
DENVER RESTAURANT: Faces "Jimenez" Suit Over Failure to Pay OT
--------------------------------------------------------------
Husai Jimenez on his own behalf and on behalf of all others
similarly situated v. Denver Restaurant Venture, LLC d/b/a Diego's
and Tony Terrones, Case No. 1:14-cv-03426 (D. Colo., December 19,
2014), is brought against the Defendants for failure to pay
overtime wages for work performed in excess of 40 hours per week.
The Defendants own and operate Diego's Mexican Food and Tequila
Bar restaurant located on the 16th Street Mall in Denver.
The Plaintiff is represented by:
Brandt Powers Milstein, Esq.
MILSTEIN LAW OFFICE
595 Canyon Boulevard
Boulder, CO 80302
Telephone: (303) 440-8780
Facsimile: (303) 957-5754
E-mail: brandt@milsteinlawoffice.com
DIGITAL PAGE: Court Tosses Class Cert. Bid in FLSA Case
-------------------------------------------------------
District Judge Leonard D. Wexler denied a motion for class
certification in the case captioned NOEL VELASQUEZ and CARLOS
RIVERA, individually and on behalf of all others similarly
situated, Plaintiffs, v. DIGITAL PAGE, INC. d/b/a/, FUSION
WIRELESS; CELLULAR CONSULTANTS, INC., d/b/a/, FUSION WIRELESS;
CELLULAR CONSULTANTS OF NASSAU, INC., d/b/a/, FUSION WIRELESS;
CELLULAR CONSULTANTS OF NASSAU ST/1, d/b/a/, FUSION WIRELESS;
CELLULAR CONSULTANTS OF FARMINGDALE, d/b/a/, FUSION WIRELESS;
BRANDON HAENEL and ROBERT PACHTMAN, Defendants, NO. CV 11-3892,
(E.D. N.Y.).
The Plaintiffs sought class certification under Rule 23 of the
Federal Rules of Civil Procedure on Plaintiffs' claims for failure
to pay overtime as required by New York law. Plaintiffs' claims
for failure to pay overtime under the Fair Labor Standards Act, 29
U.S.C. Section 207, et seq. ("FLSA") were conditionally certified
by order of Magistrate Judge A. Kathleen Tomlinson on May 19,
2014.
"Since Plaintiffs have failed to show that commonality and
typicality are satisfied, or that the class claims predominate
over the individual claims, Plaintiffs' motion for certification
is denied," according to Judge Wexler's December 9, 2014
memorandum and order, a copy of which is available at
http://is.gd/5pqhF6from Leagle.com.
VALLI KANE & VAGNINI LLP JAMES ALDO VAGNINI, ESQ. --
jvagnini@vkvlawyers.com -- SUMANTRA T. SUNHA, ESQ. --
tsinha@vkvlawyers.com -- Garden City, New York, Attorneys for
Plaintiffs.
Attorneys for Defendants:
Joseph M. Labuda, Esq.
Jamie Scott Felsen, Esq.
MILMAN LABUDA LAW GROUP PLLC
3000 Marcus Avenue, Suite 3W8
Lake Success, NY 11042
Toll Free Phone: 888-341-4153
Telephone: 516-328-8899
Facsimile: 516-328-0082
EL VALLE: Faces "Marciag" Suit Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Martin Marciag, individually and on behalf of all others similarly
situated v. El Valle Restaurant Corp., Ireno Cedano, individually
and as owner, officer, director, shareholder and/or principal of
El Valle Restaurant Corp, Case No. 1:14-cv-10022 (S.D.N.Y.,
December 19, 2014), is brought against the Defendants for failure
to pay overtime wages in violation of the Fair Labor Standard Act.
The Defendants own and operate four restaurants in New York.
The Plaintiff is represented by:
James Vagnini, Esq.
Robert Philip Valletti, Esq.
VALLI KANE & VAGNINI LLP
600 Old Country Road
Garden City, NY 11530
Telephone: (516) 203-7180
Facsimile: (516) 706-0248
E-mail: jvagnini@vkvlawyers.com
vallettir@vkvlawyers.com
ERUCES INC: Sued in D. Kansas Over Misleading Financial Reports
---------------------------------------------------------------
SBSS Holdings, LLC v. Eruces, Inc., Bassam Khulusi, and Sam
Khulusi, Case No. 2:14-cv-02632 (D. Kan., December 19, 2014),
alleges that the Defendants made false and misleading statements,
as well as failed to disclose material adverse facts about the
Company's business, operations, and prospects.
Eruces, Inc. is a developer of software that provides data
security for businesses.
The Plaintiff is represented by:
Andrew B. Protzman, Esq.
PROTZMAN LAW FIRM, LLC
1100 Main Street, Suite 2550
Kansas City, MO 64105
Telephone: (816) 421-5100
Facsimile: (816) 421-5105
E-mail: andy@protzmanlaw.com
FIFTH DIMENSION: Falsely Marketed Vodka Products, Action Claims
---------------------------------------------------------------
Marc Cabrera, individually and on behalf of all others similarly
situated v. Fifth Dimension, Inc., d/b/a Tito's Handmade Vodka,
Case No. 3:14-cv-02990 (S.D. Cal., December 22, 2014), arises out
of the Defendant's false and misleading promotion of its vodka,
that the it is Handmade when in fact it is manufactured using
mechanized and automated processes, which involves little to no
human supervision, assistance or involvement.
Fifth Dimension, Inc. owns and operates the first and oldest legal
distillery in Texas.
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
KAZEROUNIAN LAW GROUP, APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
E-mail: ak@kazlg.com
FINANCIAL LEAD: Gets Prelim. Approval of Franke Suit Settlement
---------------------------------------------------------------
CHRISTOPHER FRANKE, individually and on behalf of others similarly
situated, Plaintiff, v. FINANCIAL LEAD SERVICES, et al.,
Defendants, CASE NO. 1:12-CV-1374, (W.D. Mich.) was before the
Court on the parties' joint motion to certify class and approve
class settlement.
On December 10, 2014, District Judge Robert J. Jonker concluded
that certification of the proposed opt-out class, preliminary
approval of the Settlement Agreement, and the proposed form and
method of notice are appropriate. A copy of the Court's opinion
is available at http://is.gd/Srl16Xfrom Leagle.com.
The parties proposed certification of a class defined as: "All
residents within the State of Michigan whose consumer reports were
acquired by the FLS Group from Datamyx along with Mr. Franke's and
whose names are memorialized on spreadsheet 70053."
Under the proposed Settlement Agreement, the FLS Group would pay a
total of $415,000 to a Class Administrator to be held for the
benefit of the Class. That fund includes a common recovery fund of
$300,000 (the "Settlement Fund") and $115,000 allocated for
attorney's fees. The Settlement Fund would pay all costs
associated with the administration of the Settlement Agreement and
attorney's litigation costs. The Claims Administrator would pay an
incentive award of $5,000 to the Class Representative from the
Settlement Fund. The Settlement Agreement would release Dean
Sundrla, together with his beneficiaries, heirs, and family
members, and Angela Cole, together with her beneficiaries, heirs,
and family members (collectively, the Individual Defendants); FLS;
Complete Debt Settlement, LLC; Start New Financial, LLC; Start New
Settlement; and any other entity in which the Individual
Defendants have a controlling interest.
Christopher Franke, plaintiff, represented by:
Ian B. Lyngklip, Esq.
Julie A. Petrik, Esq.
LYNGKLIP & ASSOCIATES CONSUMER LAW GROUP PLC
24500 Northwestern Highway, Suite 206
Southfield, MI 48075
Telephone: 248-208-8864
Financial Lead Services LLC, defendant, represented by Frederick
E. Mackraz, The Mackraz Law Office PC.
Complete Debt Settlement, LLC, defendant, represented by Frederick
E. Mackraz, The Mackraz Law Office PC.
Dean Sundrla, defendant, represented by:
Frederick E. Mackraz, Esq.
The Mackraz Law Office PC
401 Hall Street S.W., Suite 132
Grand Rapids, MI 49503
Telephone: (616) 235-4000
Angela Cole, defendant, represented by Frederick E. Mackraz, The
Mackraz Law Office PC.
Facilitative Mediator, mediator, represented by Stephen R. Drew --
sdrew@dca-lawyers.com -- Drew Cooper & Anding.
FLUIDMASTER INC: Sued in Ill. Over Defective Toilet Connectors
--------------------------------------------------------------
Steven Larson, individually and on behalf of all others similarly
situated v. Fluidmaster, Inc., Case No. 1:14-cv-10222 (N.D. Ill.,
December 19, 2014), arises out of the design and labeling defects
of the plastic coupling nut in the Toilet Connectors designed,
manufactured, distributed and sold by the Defendant.
Fluidmaster, Inc. designs, manufactures, assembles, tests, labels
and offers for distribution a complete line of toilet repair
products that include toilet flappers, single and dual flush
valves, tank levers, toilet bowl wax, toilet repair kits and a
wide range of water supply connectors.
The Plaintiff is represented by:
Daniel J. Kurowski, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1144 W. Lake Street, Suite 400
Oak Park, IL 60301
Telephone: (708) 628-4949
Facsimile: (708) 628-4950
E-mail: dank@hbsslaw.com
- and -
Anthony D. Shapiro, Esq.
Jeniphr Breckenridge, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: tony@hbsslaw.com
Jeniphr@hbsslaw.com
- and -
Simon Bahne Paris, Esq.
Patrick Howard, Esq.
Charles J. Kocher, Esq
SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C.
One Liberty Place
52nd Floor 1650 Market Street
Philadelphia, PA 19103
Telephone: (215) 575-3986
E-mail: sparis@smbb.com
phoward@smbb.com
ckocher@smbb.com
- and -
Joseph J. Tabacco Jr., Esq.
Todd. A. Seaver, Esq.
BERMAN DEVALERIO
One California Street, Suite 900
San Francisco, CA 94111
Telephone: (415) 433-3200
Facsimile: (415) 433-6282
E-mail: jtabacco@bermandevalerio.com
tseaver@bermandevalerio.com
- and -
Daniel E. Gustafson, Esq.
Amanda M. Williams, Esq.
Raina C. Borrelli, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth
Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgustafson@gustafsongluek.com
awilliams@gustafsongluek.com
rborrelli@gustafsongluek.com
- and -
Donald L. Perelman, Esq.
Gerard A. Dever, Esq.
Ria C. Momblanco, Esq.
FINE, KAPLAN AND BLACK, P.C.
One South Broad St., 23rd Floor
Philadelphia, PA 19107
Telephone: (215) 567-6565
Facsimile: (215) 568-5872
E-mail: dperelman@finekaplan.com
gdever@finekaplan.com
rmomblanco@finekaplan.com
FOREST LAB: Court Narrows Claims in Celexa/Lexapro Litigation
-------------------------------------------------------------
In re: CELEXA AND LEXAPRO MARKETING AND SALES PRACTICES
LITIGATION. PAINTERS AND ALLIED TRADES DISTRICT COUNCIL 82 HEALTH
CARE FUND, Plaintiff, v. FOREST LABORATORIES, INC. and FOREST
PHARMACEUTICALS, INC., Defendants. ALLIED SERVICES DIVISION
WELFARE FUND and NEW MEXICO UFCW UNION'S AND EMPLOYER'S HEALTH AND
WELFARE TRUST FUND Plaintiffs, v. FOREST LABORATORIES, INC. and
FOREST PHARMACEUTICALS, INC., Defendants, MDL NO. 09-2067-NMG,
CIVIL ACTION NO. 13-13113-NMG NO, CIVIL ACTION NO.14-10784-NMG,
(D. Mass.) are two cases that arise out of the marketing and sales
of the related anti-depressant drugs Celexa and Lexapro by
defendants Forest Laboratories, Inc. and Forest Pharmaceuticals,
Inc. Plaintiff Painters and Allied Trades District Council 82
Health Care Fund (Painters) and plaintiffs Allied Services
Division Welfare Fund and New Mexico UFCW Union's and Employers'
Health and Welfare Trust Fund (Allied Services/NM UFCW) are health
and benefit funds providing benefits to covered members and their
families. They act as third-party payors (TPPs) that reimburse
medical expenses of plan members. Painters alleges that defendants
violated the Racketeer Influenced and Corrupt Organizations Act
(RICO), Minnesota Consumer Fraud Act, Minnesota Unfair Trade
Practices Act and Minnesota Deceptive Trade Practices Act by
misrepresenting and concealing material information about the
efficacy of Celexa and Lexapro in treating major depressive
disorder ("MDD") in pediatric patients. Allied Services/NM UFCW
allege that defendants violated RICO, Illinois and New Mexico
consumer protection statutes, the consumer fraud laws of 46 other
states and was unjustly enriched. Pending before the Court are
defendants' motions to dismiss the Painters first amended
complaint (FAC) and the Allied Services/NM UFCW complaint.
In a memorandum & order entered December 12, 2014, a copy of which
is available at http://is.gd/foBkbFfrom Leagle.com, District
Judge Nathaniel Gorton ruled that the defendants' motion to
dismiss Painters' amended complaint (Civil Action No. 13-cv-13113)
is as to Count V (the consumer fraud laws of 46 other states),
allowed, but is otherwise denied. Defendants' motion to dismiss
Allied Services/NM UFCW complaint (Civil Action No. 14-cv-10784)
is allowed.
FRANKLIN COUNTY, MA: Joint Status Report Due January 16
-------------------------------------------------------
Mark Anthony Reid, an alien and lawful permanent resident who was
detained without the right to seek release pending deportation,
brought a class action on behalf of himself and all similarly
situated persons held in custody for longer than six months within
the Commonwealth of Massachusetts by Immigration and Customs
Enforcement (ICE) pursuant to 8 U.S.C. Section 1226(c). The court
previously granted individual habeas relief, certified the class,
and granted summary judgment allowing class-wide relief and
ordering Defendants to give notice to class members of their
entitlement to bond hearings after six months.
Some disagreements have arisen regarding the interpretation of the
court's remedial order. Plaintiff has moved to enforce the order
to the extent that it requires Defendants to provide
individualized bond hearings and notice to all individuals held
under 8 U.S.C. Section 1226(c). Insofar as some ambiguity exists
regarding who exactly these individuals are, Plaintiff has moved,
in the alternative, to modify the language of the class
certification order so that it provides relief to the class as
Plaintiff construes it. Plaintiff has also moved for limited
discovery to identify class members who may be entitled to relief
but who have not yet been disclosed by Defendants. Lastly,
Plaintiff has moved for an order requiring Defendants to notify
class counsel of the date and time when a class member's bond
hearing is scheduled.
District Judge Michael A. Ponsor, in a memorandum and order
entered December 10, 2014, a copy of which is available at
http://is.gd/MWaRTrfrom Leagle.com, said the court will
substantially allow Plaintiff's motion, denying for now only some
aspects of the requested relief. Thus, the Plaintiff's Motion for
Enforcement is allowed in part.
Judge Ponsor added that:
1. The parties will meet promptly to discuss informal discovery
regarding class members entitled to relief.
2. The parties will meet promptly to craft a notice to class
members that informs them of their rights, consistent with this
memorandum.
3. The parties will meet promptly to draft language informing
class members of their right to consent to have notice of the date
and time of their bond hearing conveyed to class counsel. If a
class member so consents, Defendants will notify class counsel of
the date and time of the class member's bond hearing.
4. On or before January 16, 2015, counsel will file a joint status
report regarding their progress in providing informal discovery or
the need for more formal discovery. Counsel will include as an
exhibit a copy of the new class notice regarding their rights, as
well as a description of the progress on the issue of class notice
regarding informing class counsel of the date and time of
calendared bond hearings. This report will be drafted and
submitted by Plaintiff's counsel, though it should be
substantively the product of the joint efforts of counsel for both
sides. In the event counsel cannot agree on the contents of a
joint status report, they may submit separate reports.
"The clerk shall set this matter for a status conference to take
place on January 21, 2015, at 11 a.m. to discuss any outstanding
matters, as well as entry of final judgment," added Judge Ponsor.
The case is MARK ANTHONY REID, on behalf of himself and others
similarly situated, Plaintiff, v. CHRISTOPHER DONELAN, Sheriff of
Franklin County, et al., Defendants, C.A. NO. 13-CV-30125-MAP, (D.
Mass.).
Mr. Lazaro Antonio Mejia, Plaintiff, represented by:
Stephen A. Lagana, Esq.
Lagana & Associates
145 Essex St.
Lawrence, MA 01840
Telephone: 978-794-2331
FUSHA 311: "Apolinar" Suit Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
Marcelino Apolinar and Noe Escamilla, individually and on behalf
of all other persons similarly situated who were employed by Fusha
311 West Inc. d/b/a Fusha Japanese Restaurant., Amber 80 Inc.,
d/b/a Amber and/or any other entities affiliated with or
controlled by Fusha 311 West Inc. and Amber 80 Inc. v. Fusha 311
West Inc. d/b/a Fusha Japanese Restaurant, Amber 80 Inc. d/b/a
Amber, and/or any other entities affiliated with or controlled by
Fusha 311 West Inc. and Amber 80 Inc., and Pui Yan Ho, Case No.
1:14-cv-07421 (E.D.N.Y., December 22, 2014), seeks to recover
unpaid minimum wages, overtime compensation, and damages pursuant
to the Fair Labor Standard Act.
The Defendants own and operate two restaurants known as Fusha West
and Amber Upper East in New York City.
The Plaintiff is represented by:
Lloyd Robert Ambinder, Esq.
VIRGINIA & AMBINDER LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
Facsimile: (212) 943-9082
E-mail: lambinder@vandallp.com
GALATI'S PIZZA: Faces "Martinez" Suit Over Failure to Pay OT
------------------------------------------------------------
Juan Ortiz Martinez, on behalf of himself and all other Plaintiffs
similarly situated, known and unknown v. Galati's Pizza & Pasta,
Inc., an Illinois corporation, d/b/a Galati's Pizza & Pasta, and
Vincent Galati, an individual, Case No. 1:14-cv-10203 (N.D. Ill.,
December 19, 2014), is brought against the Defendants for failure
to pay overtime compensation for work more than 40 hours in
individual work week.
The Defendants own and operate Galati's Pizza & Pasta restaurant
in Cary, Illinois.
The Plaintiff is represented by:
Timothy Michael Nolan, Esq.
Nicholas Paul Cholis, Esq.
NOLAN LAW OFFICE
53 West Jackson Boulevard #1137
Chicago, IL 60604-3207
Telephone: (312) 322-1100
E-mail: tmnolanlaw@sbcglobal.net
n.cholis.nolanlaw@sbcglobal.net
GEICO GENERAL: Wins Dismissal of "Carranza" Class Action
--------------------------------------------------------
Sabrina Carranza brings a class action lawsuit alleging breach of
contract against Government Employees Insurance Company, GEICO
General Insurance Company, and GEICO Indemnity Company. Plaintiff
had an automobile insurance policy with GEICO Indemnity Company
(GEICO Indemnity). Defendants move to dismiss Plaintiff's claim
against Government Employees Insurance Company and GEICO General
Insurance Company, because they argue that Plaintiff had no
privity of contract with them and thus lacks standing to bring a
claim. Alternatively, Defendants move for judgment on the
pleadings.
District Judge Marco A. Hernandez, in an opinion & order entered
December 9, 2014, a copy of which is available at
http://is.gd/xgIIwLfrom Leagle.com, granted the Defendants'
motion to dismiss. Defendants' motion for judgment on the
pleadings was denied as moot. Plaintiff was granted leave to amend
the Complaint to allege facts sufficient to demonstrate that she
has standing to sue the Moving Defendants. If Plaintiff chooses to
amend her complaint, she must do so within 30 days.
The case is SABRINA GRETE CARRANZA, on behalf of herself and all
others similarly situated, Plaintiff, OPINION & v. GEICO GENERAL
INSURANCE COMPANY, GEICO INDEMNITY COMPANY, and GOVERNMENT
EMPLOYEES INSURANCE COMPANY, Defendants, NO. 3:13-CV-1932-HZ, (D.
Ore.).
Keil M. Mueller -- kmueller@stollberne.com -- Steve D. Larson --
slarson@stollberne.com -- STOLL STOLL BERNE LOKTING & SHLACHTER
P.C. Portland, OR, Rodney F. Pillsbury -- rpillsbury@prlawpa.com
-- (pro hac vice) PILLSBURY & READ, P.A. Greenville, SC, Attorneys
for Plaintiff.
Douglas G. Houser -- doug.houser@bullivant.com -- Stuart D. Jones
-- stuart.jones@bullivant.com -- BULLIVANT HOUSER BAILEY PC
Portland, OR, Sheila Carmody -- scarmody@swlaw.com -- (pro hac
vice), Joshua Grabel -- jgrabel@swlaw.com -- (pro hac vice), SNELL
& WILMER LLP, Phoenix, AZ, Attorneys for Defendants.
GILLS ELDERSBURG: Suit Seeks to Recover Unpaid OT Wages & Damages
-----------------------------------------------------------------
Kristina Shaver, individually and on behalf of all others
similarly situated v. Gills Eldersburg, Inc., Gills Westminister,
Inc., and Gurdip Gill, Case No. 1:14-cv-03977 (D. Md., December
19, 2014), seeks to recover overtime wages, liquidated damages,
treble damages, reasonable attorney's fees and costs under the
Fair Labor Standard Act.
The Defendants own and operate Denny's Restaurants in Maryland.
The Plaintiff is represented by:
James Edward Rubin, Esq.
THE RUBIN EMPLOYMENT LAW FIRM PC
11 N Washington St Ste 520
Rockville, MD 20850
Telephone: (301) 760-7914
Facsimile: (301) 838-0322
E-mail: jrubin@rubinemploymentlaw.com
GOLD & SILVER: Faces "Foster" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Tia Foster, Jessica Hobb, Jessica Reed, on behalf of themselves an
all others so similarly situated v. Gold & Silver Private Club,
Inc., Billy D. Harbour, Southwest Virginia Investments, Inc., and
Melons, Inc., Case No. 7:14-cv-00698 (W.D. Va., December 22,
2014), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act.
The Defendants own and operate an exotic dance club in Roanoke
City, Virginia.
The Plaintiff is represented by:
Gregg Cohen Greenberg, Esq.
THE ZIPIN LAW FIRM LLC
Suite 610, 8403 Colesville Road
Silver Spring, MD 20910
Telephone: (301) 587-9373
Facsimile: (301) 587-9397
E-mail: ggreenberg@zipinlaw.com
- and -
Johneal Moore White, Esq.
GLENN ROBINSON & CATHEY PLC
400 Salem Avenue, S.W., Suite 100
Roanoke, VA 24016
Telephone: (540) 767-2206
Facsimile: 767-2220
E-mail: jwhite@glennrob.com
GOLD COAST: Faces "Forcade" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Claudio Garcia Forcade and all others similarly situated under 29
U.S.C. 216(b) v. Gold Coast Beverage Distributors, Inc., Stephen
A. Levin, Ross M. Levin, Case No. 1:14-cv-24826 (S.D. Fla.,
December 22, 2014), is brought against the Defendants for failure
to pay overtime wages for work performed in excess of 40 hours
weekly.
Gold Coast Beverage Distributors, Inc. is the largest beer
wholesaler in Florida.
The Plaintiff is represented by:
Jamie H. Zidell, Esq.
J.H. ZIDELL, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: 865-7167
E-mail: ZABOGADO@AOL.COM
GOODMAN MANUFACTURING: Court to Dismiss "Fowler" Warranty Case
--------------------------------------------------------------
MARK FOWLER, Plaintiff, v. GOODMAN MANUFACTURING COMPANY LP, et
al., Defendants, CASE NO. 2:14-CV-968-RDP, (N.D. Ala.) is before
the court on defendants' motion to dismiss the plaintiff's first
amended class action complaint (FAC). Fowler sued over a
defective Goodman HVAC Unit installed in his home.
District Judge R. David Proctor wrote in his memorandum opinion
dated December 12, 2014, a copy of which is available at
http://is.gd/G0Uvojfrom Leagle.com, that defendants' motion is
due to be granted because:
* under Alabama law, the Limited Warranty's limitation on remedies
is enforceable. Plaintiff has not alleged facts from which the
inference can be drawn that the Limited Warranty failed of its
essential purpose. Therefore, Plaintiff's Reformation of
Warranty claim is due to be dismissed.
* Plaintiff's state law Breach of Written Warranty claim is due to
be dismissed, and his claim under the Magnuson-Moss Warranty
Act must also be dismissed.
* Plaintiff's negligence claim is barred by Alabama's two-year
statute of limitations.
* Because Plaintiff has failed to adequately plead the first
element of his Fraud by Suppression claim, that claim is due to
be dismissed.
The only rights which Plaintiff contends were violated arose in
connection with other claims in Plaintiff's FAC. All of those
other claims are due to be dismissed. Therefore, so too is his
claim for declaratory and injunctive relief, ruled Judge Proctor.
Mark Fowler, Plaintiff, represented by Brendan Thompson --
brendant@cuneolaw.com -- CUNEO GILBERT & LADUCA LLP, Charles
LaDuca -- charlesl@cuneolaw.com -- CUNEO GILBERT & LADUCA LLP,
David J Guin -- davidg@gseattorneys.com -- GUIN STOKES & EVANS LLC
& Tammy McClendon Stokes -- tammys@gseattorneys.com -- GUIN STOKES
& EVANS LLC.
Goodman Manufacturing Company LP, Defendant, represented by Eugene
D Martenson -- dmartenson@huielaw.com -- HUIE FERNAMBUCQ & STEWART
LLP, Christopher M McLaughlin, JONES DAY, Elizabeth G Myers, JONES
DAY, Richard J Bedell, Jr, JONES DAY, Robert L Blackburn --
bblackburn@huielaw.com -- HUIE FERNAMBUCQ & STEWART, Sharyl A
Reisman, JONES DAY & Theodore M Grossman, JONES DAY.
Goodman Global Inc, Defendant, represented by Eugene D Martenson,
HUIE FERNAMBUCQ & STEWART LLP, Christopher M McLaughlin, JONES
DAY, Elizabeth G Myers, JONES DAY, Richard J Bedell, Jr, JONES
DAY, Robert L Blackburn, HUIE FERNAMBUCQ & STEWART, Sharyl A
Reisman, JONES DAY & Theodore M Grossman, JONES DAY.
Goodman Company LP, Defendant, represented by Eugene D Martenson,
HUIE FERNAMBUCQ & STEWART LLP, Christopher M McLaughlin, JONES
DAY, Elizabeth G Myers, JONES DAY, Richard J Bedell, Jr, JONES
DAY, Robert L Blackburn, HUIE FERNAMBUCQ & STEWART, Sharyl A
Reisman, JONES DAY & Theodore M Grossman, JONES DAY.
HAWAIIAN ELECTRIC: Faces Class Action Over NextEra Sale Deal
------------------------------------------------------------
Rick Daysog, writing for Hawaii News Now, reports that a class-
action lawsuit challenging the sale of Hawaiian Electric
Industries to Florida-based NextEra Energy alleges that HEI's
board undervalued the company. The suit also accuses board
members of not seeking competing offers when it inked the
multibillion dollar deal.
(HEI's board) failed to maximize shareholder value and to protect
the interests of HEI's shareholders," said the suit, which was
filed by Madisonville, La. lawyer Michael Palestina and local
attorney James Bickerton.
"Instead, defendants engaged in a process that was designed to
benefit NextEra and secure material personal benefits for
themselves.
In the deal, NextEra agreed to pay $3.5 billion, excluding debt.
That comes to $33.50 per share, or about 19 percent above the
trading price when the deal was announced.
But the lawsuit noted that some Wall Street analysts valued the
stock at up to $35 per share.
The suit also alleges that board, as well as senior managers, will
receive lucrative payouts from the deal.
According to HEI's proxy filing, CEO Constance Lau will get nearly
$8 million if she's not retained by Next Era while Chief Financial
Officer James Ajello will get about $2.3 million. Chief
Administrative Officer Chet Richardson will walk away with about
$1.9 million.
"It's very lucrative for people at the top," said Henry Curtis of
Life of the Land.
An HEI spokesman said the company is confident that the deal "is
in the best interest of the company" and its stakeholders.
Experts say say the deal could force NextEra to pay a higher
price. But they believe the courts and regulators will ultimately
approve the deal.
"They're going to have to address this before going forward. The
lawsuit is to try to slow it down or eliminate this from occurring
at all," said Terry Lee, president of Lee Financial Group.
"(But) I find it difficult to see any breach of financial
responsibility."
This is the first of what could be several shareholder lawsuits
. . . which could add further delays to the megadeal.
ILLINOIS: Prison Closure No Impact on Female Inmates' Conditions
----------------------------------------------------------------
Kurt Erickson, writing for Pantagraph.com, reports that a critical
new report says Gov. Pat Quinn's 2013 closure of Dwight
Correctional Center did not improve conditions for the state's
female prisoners.
In a 40-page investigation expected to be formally released on
Dec. 15, the John Howard Association said moving more than 1,000
female inmates into a former all-male facility in Lincoln hasn't
lived up to assurances Quinn and his staff offered when the cost-
cutting plan was revealed in 2012.
The prison watchdog group based its findings on three visits to
Logan Correctional Center, which replaced Dwight as the state's
main facility for medium- and maximum-security female inmates.
"Should Illinois and IDOC ever need to plan and perform such a
transition again, there are many lessons to be learned from this
experience," noted the report, obtained by Lee Enterprises
Springfield bureau.
Quinn announced the closure of Dwight as part of a statewide
money-saving plan. He said it would cost too much to upgrade the
aging facility and that its closure would save $31.3 million.
But the Chicago-based organization found there are 1,985 inmates
residing in a facility built to house 1,106.
At times, dozens of inmates must bunk in a gymnasium with access
to only two bathrooms. The report also noted a shortage of medical
staff and not enough beds for mentally ill prisoners.
As an example, the report noted that 646 prisoners were classified
as having serious mental illnesses. But, during a November visit
by the group, there were fewer than 160 potential beds to treat
them.
Illinois is moving to fix those conditions as part of its response
to an ongoing federal class-action lawsuit.
As for the facility itself, the John Howard Association monitors
found water damage from leaking roofs, chipped paint, mold and
broken tiles.
"While the Quinn administration argued re-purposing Logan would
reduce costs and create a more efficient and rehabilitative
environment for the state's female prison population, it has
exacerbated overcrowded conditions, damaged the agency's capacity
to address the needs of female inmates, and failed to generate
meaningful cost savings," the report notes.
Illinois Department of Corrections spokesman Tom Shaer put the
total savings thus far at more than $48 million -- which surprised
John Howard Association Executive Director John Maki.
"I don't think any money has been saved," Mr. Maki said.
The report says IDOC did not accurately state how much money it
would have to spend to upgrade the Logan facility to accommodate
women.
"After approximately a year and a half of operation, it is
apparent that the facility will need substantially more work and
money to meet the needs of the population," the group wrote.
IDOC acknowledges that the state's financial problems have created
challenges, but say the transfer has been a success.
"Of course, in any such change, certain aspects were a work-in-
progress for many of the 19 months since the change occurred, but
the tremendous safety and security record at Logan reflects the
relatively smooth transition," Mr. Shaer said in an email.
He said there has been one serious staff assault and two serious
inmate-on-inmate assaults since the facility opened as a female
prison.
"(W)e are doing our best, considering the severe financial
restraints we have been operating under," Mr. Shaer said.
State Sen. Jason Barickman, R-Bloomington, said the report
validates concerns raised by opponents of the closure.
"It is obvious the Department of Corrections lacks a long-term
plan for facilities. I believe the closure of Dwight was a
political decision," said Barickman, whose 53rd District includes
Dwight. "It's frustrating to see."
The association suggests the General Assembly and governor provide
IDOC with the money needed to repair and upgrade the facility and
to hire adequate numbers of employees.
"Without significant reductions in Illinois' female prisoner
population, the best that IDOC's staff and administration can do
with Logan is to try to sustain a precarious, ineffective, and
expensive status quo," the report noted.
Mr. Maki said the state must address overcrowding within the
entire prison system.
"We have to deal with the fact that our prisons are overcrowded,"
Mr. Maki said. "We need a very clear assessment of our prison
facilities."
ILLINOIS BELL: Obtains Partial Summary Judgment in Splicers' Suit
-----------------------------------------------------------------
James Blakes, Steven Clark, Herman Deckys, Bradley Hunt, Phillipe
Porter, Ernest Roberts, Jr., and Larry Williams brought an action
against Illinois Bell Telephone Company under the Fair Labor
Standards Act (FLSA), 29 U.S.C. Section 201, et seq., claiming
that Illinois Bell systematically fails to pay its cable splicers
for all of their overtime work. The court previously granted in
part and denied in part Illinois Bell's motion to decertify the
named plaintiffs' conditionally certified class of cable splicers.
Illinois Bell then moved for summary judgment on both the
individual and certified claims pursuant to Federal Rule of Civil
Procedure 56.
Magistrate Judge Young B. Kim in his memorandum opinion and order
entered December 10, 2014, a copy of which is available at
http://is.gd/Q65Ngzfrom Leagle.com, held that Illinois Bell's
motions regarding the named plaintiffs are granted as to Blakes,
Deckys, Porter, Roberts, and Williams, and denied as to Clark and
Hunt.
The case is JAMES BLAKES, et al., for themselves and on behalf of
similarly situated others, Plaintiffs, v. ILLINOIS BELL TELEPHONE
COMPANY, d/b/a AT&T Illinois, Defendant, NO. 11 CV 336, (N.D.
Ill.)
James Blakes, Plaintiff, represented by:
Aaron Benjamin Maduff, Esq.
Michael Lee Maduff, Esq.
Walker R. Lawrence, Esq.
MADUFF & MADUFF, LLC
205 N. Michigan Ave., Suite 2050
Chicago, Il 60601
Telephone: 312-276-9000
Steven Clark, Plaintiff, represented by Aaron Benjamin Maduff,
Maduff & Maduff, LLC, Michael Lee Maduff, Maduff & Maduff LLC &
Walker R. Lawrence, Maduff & Maduff, LLC.
Herman Deckys, Plaintiff, represented by Aaron Benjamin Maduff,
Maduff & Maduff, LLC, Michael Lee Maduff, Maduff & Maduff LLC &
Walker R. Lawrence, Maduff & Maduff, LLC.
Bradley Hunt, Plaintiff, represented by Aaron Benjamin Maduff,
Maduff & Maduff, LLC, Michael Lee Maduff, Maduff & Maduff LLC &
Walker R. Lawrence, Maduff & Maduff, LLC.
Phillipe Porter, Plaintiff, represented by Aaron Benjamin Maduff,
Maduff & Maduff, LLC, Michael Lee Maduff, Maduff & Maduff LLC &
Walker R. Lawrence, Maduff & Maduff, LLC.
Ernest Roberts, Jr., Plaintiff, represented by Aaron Benjamin
Maduff, Maduff & Maduff, LLC, Michael Lee Maduff, Maduff & Maduff
LLC & Walker R. Lawrence, Maduff & Maduff, LLC.
Larry Williams, Plaintiff, represented by Aaron Benjamin Maduff,
Maduff & Maduff, LLC, Michael Lee Maduff, Maduff & Maduff LLC &
Walker R. Lawrence, Maduff & Maduff, LLC.
Illinois Bell Telehone Company, Defendant, represented by Stephen
Boyd Mead -- stephen.mead@att.com -- AT&T Services, Inc., Erin
Jewel Hendrix -- ehendrix@morganlewis.com -- Morgan, Lewis &
Bockius, George A. Stohner -- gstohner@morganlewis.com -- Morgan,
Lewis & Bockius, Gregory P Abrams -- gabrams@morganlewis.com --
Morgan, Lewis & Bockius LLP & Ritu Srivastava --
rsrivastava@morganlewis.com -- Morgan Lewis & Bockius LLP.
INTREPID DIRECTIONAL: Suit Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
Jered Cunningham, individually and on behalf of others similarly
situated v. Intrepid Directional Drilling Specialists, Ltd.,
Intrepid Directional Services, Ltd., and Idds Management, LLC.,
Case No. 4:14-cv-03640 (S.D. Tex., December 19, 2014), seeks to
recover the unpaid overtime wages and damages pursuant to the Fair
Labor Standard Act.
The Defendants operate as a singular oilfield service company,
providing directional and horizontal drilling services to the oil
and gas industry.
The Plaintiff is represented by:
Michael A. Josephson, Esq.
FIBICH, HAMPTON, LEEBRON, BRIGGS & JOSEPHSON, LLP
1150 Bissonnet St
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: mjosephson@fibichlaw.com
KAPLAN INC: Doesn't Pay Employees Timely, "Freeman" Suit Claims
---------------------------------------------------------------
Sharon Freeman, on behalf of herself and all similarly situated
persons v. Kaplan, Inc., Case No. 1:14-cv-10265 (N.D. Ill.,
December 22, 2014), is brought against the Defendants for failure
to pay timely minimum wages in violation of the Fair Labor
Standards Act.
Kaplan, Inc. provides courses designed to prepare students to take
a variety of standardized tests in Illinois and throughout the
United States.
The Plaintiff is represented by:
Ilan Chorowsky, Esq.
Mark Bulgarelli, Esq.
Elizabeth Roberson-Young, Esq.
PROGRESSIVE LAW GROUP, LLC
1 N. LaSalle Street, Suite 2255
Chicago, IL 60602
Telephone: (312) 787-2717
E-mail: ilan@progressivelaw.com
markb@progressivelaw.com
liza@progressivelaw.com
KOLBE & KOLBE: Court Junks Bid for Sanctions in Haley Class Suit
----------------------------------------------------------------
MARY HALEY and MICHAEL HALEY, LESLIE BANKS and JAMES HAL BANKS,
ANNIE BUINEWICZ and BRIAN BUINEWICZ, TERRANCE McIVER AND JEAN ANN
McIVER, SUSAN SENYK, CHRISTIAN SENYK, GARY SAMUELS, PATRICIA
SAMUELS, MATTHEW DELLER, RENEE DELLER and MARIE LOHR, on behalf of
themselves and all others similarly situated, Plaintiff, v. KOLBE
& KOLBE MILLWORK CO., INC., Defendant, NO. 14-CV-99-BBC, (W.D.
Wis.) is a proposed class action in which the plaintiffs allege
that the windows they purchased from defendant Kolbe & Kolbe
Millwork Co. are defective. Several motions are before the court.
First, defendant has filed a motion for sanctions on the ground
that some of the named plaintiffs destroyed evidence. Second,
Fireman's Fund Insurance Company has filed a motion to intervene,
bifurcate and stay the case until the court resolves a dispute
about the scope of its duty to defend. Third, United States Fire
Insurance Company has asked to join the other insurer's motion and
supporting briefs.
"I am denying the motion for sanctions, granting the motions to
intervene and denying the motions to bifurcate and stay the case,"
ruled District Judge Barbara B. Crabb, in his opinion and order
dated December 10, 2014, a copy of which is available at
http://is.gd/VDv07ffrom Leagle.com. "The insurers are free to
file a motion for summary judgment on the issue of defendant's
choice of counsel at any time."
KOREA HYDRO: Thyroid Cancer Patients File Class Action
------------------------------------------------------
Ju-min Park, Meeyoung Cho and Brian Kim, writing for Reuters,
report that a group of South Korean thyroid cancer patients living
near nuclear plants have filed the country's first class action
suit against the operator, after an October court ruling in favor
of a plaintiff claiming a link between radiation and the cancer.
Worries about the safety of nuclear power in the world's fifth-
largest user of the energy source have intensified after a 2012
scandal over the supply of reactor parts with fake security
certificates, as well as the 2011 Fukushima disaster in Japan.
A total of 1,336 plaintiffs, including 301 cancer patients living
near four nuclear plants, and their families, filed the suit in a
court in the southeastern city of Busan against Korea Hydro and
Nuclear Power Co Ltd (KHNP), part of state-run Korea Electric
Power Corp, a statement from a group of environmental
organizations representing the plaintiffs said.
"We hope that the relationship between thyroid cancer and nuclear
power plants will be proved at court so it will make the
government take a full-scale inspection on nuclear energy," Seo
Eun-kyung, a lawyer leading the suit, told Reuters.
The suit seeks 15 million won ($13,800) in compensation for each
patient and between 1 million won and 3 million won for each
family member, an environment group official said.
A KHNP spokesman said the firm believes there is no link between
low-level radiation from nuclear power generation that is within
government guidelines and thyroid cancer, and said the plaintiffs
should have waited until a higher court had ruled on the earlier
case after the verdict was appealed.
In October a district court ordered KHNP to pay 15 million won to
Park Geum-sun in compensation for her thyroid cancer after she
lived about 7.7 kilometers from a nuclear complex for more than 20
years.
Views on the link between nuclear radiation and cancer are mixed.
The World Health Organization on its website cites a U.N. report
over the Chernobyl accident that no evidence indicates living in
known high background radiation areas of the world poses a health
risk. (here)
Ye Bu-hae, a 69-year old rice farmer living less than five
kilometers from the Kori nuclear plaint, joined the Dec. 16 class
action with 66 other thyroid cancer patients in his village, which
is home to 3,000 people.
"After seeing too many thyroid cancer cases and Japan's tsunami,
we have become more and more scared," Ye, whose wife had surgery
for thyroid cancer, told Reuters by phone. "Our action is for our
next generation."
South Korea runs 23 nuclear reactors supplying a third of its
power, and plans 11 more by 2024.
LAZZARI FUEL: April 22 Final Hearing on $4.5MM Settlement
---------------------------------------------------------
District Judge William Alsup granted preliminary approval of a
proposed class settlement, and issued an order vacating the case
management schedule in the lawsuit captioned IL FORNAIO (AMERICA)
CORPORATION, OLIVETO PARTNERS, LTD. and THE FAMOUS ENTERPRISE FISH
COMPANY OF SANTA MONICA, INC., on behalf of themselves and all
others similarly situated, Plaintiffs, v. LAZZARI FUEL COMPANY,
LLC, CALIFORNIA CHARCOAL AND FIREWOOD, INC., CHEF'S CHOICE
MESQUITE CHARCOAL, RICHARD MORGEN, ROBERT COLBERT, MARVIN RING,
and WILLIAM W. LORD, Defendants, NO. C 13-05197 WHA, (N.D. Cal.).
In November 2013, this action and another putative class action
were commenced. The actions were consolidated. When the parties
appeared for the initial case management conference, counsel for
Lazzari stated that Lazzari was a small business with limited
resources. Attorney Elizabeth Pritzker was subsequently appointed
as interim counsel under Rule 23(g)(3).
Lazzari and its principals later moved for preliminary approval of
a partial class settlement. That proposal was rejected after oral
argument. A class was certified and two more defendants
(California Charcoal and its principal) reached a partial class
settlement.
All defendants then moved for preliminary approval of a revised
proposed class settlement. After supplemental submissions and oral
argument, the parties were given the opportunity to fix some
potential pitfalls with their proposal. Now, the parties have
filed a joint addendum to the class settlement agreements, an
amended claim form, and an amended proposed class notice.
In a ruling entered December 10, 2014, a copy of which is
available at http://is.gd/qKZlIGfrom Leagle.com, Judge Alsup
granted the motion for preliminary approval of the class
settlement. The December 16 hearing was vacated. The deadlines in
the case management order were also vacated. The final approval
hearing is set for April 22, 2015, at 3:00 p.m. The motion for
final approval of the class settlement will be filed by April 3 at
noon. Any opposition is due April 15 at noon. Any reply is due
April 20 at 9:00 a.m.
Under the settlement proposal, the key terms are:
Net Settlement Fund: The net settlement fund would be $4.575
million plus interest minus attorney's fees, expenses, taxes, and
some costs. All payments would go to an escrow account and the
last payment would be paid by December 15, 2015.
Attorney's Fees: All of class counsel's fees and expenses would be
paid out of the settlement fund. Class counsel have promised to
"defer payment of attorney's fees awarded by the Court until all
class member disbursements have been made." Class counsel plan on
moving for approximately $1.1 million in fees and have incurred
$230,000 in expenses.
IL Fornaio (America) Corp., Plaintiff, represented by Elizabeth
Cheryl Pritzker, Pritzker Levine LLP, Aaron M. Sheanin, Pearson,
Simon & Warshaw, LLP, Bethany Caracuzzo, Pritzker Levine LLP,
Bruce Lee Simon, Pearson Simon & Warshaw, LLP, Robert George
Retana, Pearson Simon Warshaw & Penny LLP & Shiho Yamamoto.
Oliveto Partners, Ltd., Plaintiff, represented by Elizabeth Cheryl
Pritzker, Pritzker Levine LLP, Aaron M. Sheanin, Pearson, Simon &
Warshaw, LLP, Bethany Caracuzzo, Pritzker Levine LLP, Bruce Lee
Simon, Pearson Simon & Warshaw, LLP, Robert George Retana, Pearson
Simon Warshaw & Penny LLP & Shiho Yamamoto.
The Famous Enterprise Fish Company of Santa Monica, Inc.,
Plaintiff, represented by Elizabeth Cheryl Pritzker, Pritzker
Levine LLP, Aaron M. Sheanin, Pearson, Simon & Warshaw, LLP,
Bethany Caracuzzo, Pritzker Levine LLP, Bruce Lee Simon, Pearson
Simon & Warshaw, LLP, Robert George Retana, Pearson Simon Warshaw
& Penny LLP & Shiho Yamamoto.
Darbar Cuisine, Inc., Plaintiff, represented by Carl Nils
Hammarskjold, Saveri and Saveri & Richard Alexander Saveri, Saveri
& Saveri, Inc.
Lazzari Fuel Company, LLC, Defendant, represented by David C.
Brownstein, Farmer Brownstein Jaeger LLP & William S Farmer,
Farmer Brownstein Jaeger LLP.
California Charcoal And Firewood, Inc., Defendant, represented by
Jean Pierre Nogues, Jr., Mitchell Silberberg and Knupp, Michael
Eliott Chait, Mitchell Silberberg Knupp LLP & Thomas Paul Lambert,
Mitchell Silberberg & Knupp.
Chef's Choice Mesquite Charcoal, Defendant, represented by Jeffrey
Scott Sanger, Sanger Swysen and Dunkle, Robert Marshall Sanger,
Sanger Swysen Dunkle & Stephen Kerr Dunkle, Sanger Swysen and
Dunkle.
William W. Lord, Defendant, represented by Jeffrey Scott Sanger,
Sanger Swysen and Dunkle, Robert Marshall Sanger, Sanger Swysen
Dunkle & Stephen Kerr Dunkle, Sanger Swysen and Dunkle.
Richard Morgen, Defendant, represented by David C. Brownstein,
Farmer Brownstein Jaeger LLP.
Robert Colbert, Defendant, represented by David C. Brownstein,
Farmer Brownstein Jaeger LLP.
Marvin Ring, Defendant, represented by Jean Pierre Nogues, Jr.,
Mitchell Silberberg and Knupp, Thomas Paul Lambert, Mitchell
Silberberg & Knupp & Michael Eliott Chait, Mitchell Silberberg
Knupp LLP.
Mark Schulz, 3rd party plaintiff, represented by Derek G. Howard,
Minami Tamaki LLP & Sean Tamio Tamura-Sato.
LBV GNC: "Duarte" Suit Seeks to Recover Unpaid OT Wages & Damages
-----------------------------------------------------------------
Diogo R. Duarte, an individual, on behalf of himself and those
similarly situated v. Valerie Perez, LBV GNC, Inc., a Florida
corporation, WTS GNC, Inc., a Florida corporation, VKM, LLC, a
Florida limited liability company, and S. V. Alavi Enterprises,
Inc., a Florida corporation, Case No. 6:14-cv-02077 (M.D. Fla.,
December 19, 2014), seeks to recover unpaid overtime wages, an
additional equal amount as liquidated damages, declaratory relief,
and reasonable attorney's fees and costs.
The Defendants are engaged in the business of supplying vitamins
and nutritional supplements in Florida.
The Plaintiff is represented by:
David J. Labovitz, Esq.
LABOVITZ LAW FIRM, PA
545 Delaney Ave., Ste 4
Orlando, FL 32801
Telephone: (407) 970-8633
Facsimile: (407) 420-9167
E-mail: david@labolaw.com
LIFE PROTECT: Faces "Wilk" Suit in N.Y. Over Violation of TCPA
--------------------------------------------------------------
Sanford Wilk, individually and on behalf of all others similarly
situated v. Life Protect 24/7, Inc. f/k/a USA Life Alert, Inc., a
Virginia corporation, Case No. 1:14-cv-10003 (S.D.N.Y., December
19, 2014), is brought against the Defendant for violations of the
Telephone Consumer Protection Act.
Life Protect 24/7, Inc. provides medical alert systems and
services for seniors.
The Plaintiff is represented by:
Brian Scott Schaffer, Esq.
Frank Joseph Mazzaferro, Esq.
Joseph A. Fitapelli, Esq.
FITAPELLI & SCHAFFER, LLP
475 Park Avenue South, 12th Floor
New York, NY 10016
Telephone: (212) 300-0375
Facsimile: (212) 481-1333
E-mail: bschaffer@fslawfirm.com
fmazzaferro@fslawfirm.com
jfitapelli@fslawfirm.com
LOCKHEED MARTIN: Trial Begins in Employees' 401(k) Suit
-------------------------------------------------------
Jim Zarroli, writing for 91.7 WVXU, reports that a trial was set
to get under way in St. Louis on Dec. 15 that could have a big
impact on the way companies select 401(k) plans for their
employees.
Lockheed Martin is being sued for choosing retirement funds that
shortchanged its employees and charged high fees. The case tests
the limits of a company's responsibilities to its employees at a
time when 401(k) plans have become a central part of the nation's
retirement system.
With $26 billion in assets and more than 120,000 participants,
Lockheed Martin's 401(k) plan is one of the largest in the
country. Attorney Jerry Schlichter says it has also been managed
in a way that violates many of the industry's best practices.
"This was something that was expected," Mr. Schlichter says. "It
was something that they did not, we contend, adequately manage,
and the results were predictable."
Mr. Schlichter is something of a thorn in the retirement
industry's side right now. He's brought class-action suits
against nearly a dozen companies -- including Caterpillar and
General Dynamics -- for the way they managed their retirement
funds. He won a case against North-Carolina based ABB earlier
this year, and a suit he brought against the Edison utility
company will be heard by the U.S. Supreme Court in February.
These cases have helped focus new attention on the way 401(k)
plans are managed. Mike Alfred, CEO of Brightscope, a company
that rates retirement funds, says 401(k) plans have become
something of an afterthought at many companies. He says that's
probably because they do nothing to boost the company's bottom
line.
In the worst cases, funds can be chosen by mid-level employees who
have little experience selecting investments and are often no
match for a fund company's salespeople. Mr. Alfred says this is
especially prevalent in the small plan market, where people tend
to buy the products that are put in front of them.
"They don't oftentimes spend a lot of time analyzing
alternatives," he says. "If they like the person that presented
the product and the sales pitch is good, a lot of times that's the
product that gets purchased."
The result is that many employees' retirement money gets put into
funds that are poorly managed and charge high fees. Many
employees have little understanding of how their funds are
operated, Mr. Alfred says, so they don't realize how much high
fees can erode the value of their savings over time.
"It has a significant impact," he says. "If you are paying 2
percent over a 30- or 40-year career, that's compounded. I mean
you could be talking about literally hundreds of thousands of
dollars."
Fees are at the center of the case against Lockheed Martin.
Attorney Jerry Schlichter says part of the retirement money held
by Lockheed's employees was put in something called the Stable
Value Fund, which charged high fees. In addition, he says
Lockheed's bank, State Street, was hired for fund record-keeping
and it too charged high fees.
Mr. Schlichter says Lockheed could have bid out the business to
save its employees' money but didn't. He says that under federal
law companies like Lockheed have a fiduciary duty to their
workers.
"The employer's duty is to make sure that the fees are reasonable
and no more than more reasonable," Mr. Schlichter says. "You
can't just check out of the scene and say 'well it's not our
money.' As the employer you've got to be familiar with the
industry and what reasonable fees are."
Lockheed declined to do an interview, but it issued a statement
saying it believes that allegations of improper management of its
401(k) plans are false, and it remains committed to defending
itself against the allegations at all stages of the litigation.
The trial is expected to last about four weeks.
MACQUARIE LEASING: Appeals Court Ruling on Bank Fees Litigation
---------------------------------------------------------------
Both Australia and New Zealand Banking Group Limited (ANZ) and
purported customers suing the company over exception fees for
credit cards and transaction accounts, are appealing a court
decision on claims, according to Exhibit 99.1 of Macquarie Leasing
Pty Limited's Dec. 9, 2014, Form 8-K filing with the U.S.
Securities and Exchange Commission.
Litigation funder Bentham IMF Limited commenced a class action
against ANZ in 2010, followed by a second similar class action in
March 2013. Together the class actions are claimed to be on behalf
of more than 40,000 ANZ customers.
On February 5, 2014, the Federal Court delivered reasons for
judgment in the second class action. The first class action is in
abeyance. The customers currently involved in these class actions
are only part of ANZ's customer base for credit cards and
transaction accounts.
The applicants contended that the relevant exception fees were
unenforceable penalties (at law and in equity) and that various of
the fees were also unenforceable under statutory provisions
governing unconscionable conduct, unfair contract terms and unjust
transactions. On the penalties claims, the Court found in ANZ's
favor in relation to all but one of the fee types that were in
issue in the case, namely honor fees (retail and business),
dishonor fees (business), overlimit and non-payment fees. The
Court found against ANZ in respect of late payment fees on the
basis that they were unenforceable penalties. In respect of the
claims of unconscionable conduct, unfair contract terms and unjust
transactions, the Court found in ANZ's favor. Both ANZ and the
applicants appealed the Court's decision. The appeal hearing was
held in August 2014. The appeal court is yet to give a decision.
Given the complexity of the issues involved, the potential for the
parties to seek further appeals and the possible need for certain
issues to be remitted for further consideration by the court, the
ultimate implications of the appeal court's decision (when made)
may not be known for some time.
MACQUARIE LEASING: Lawsuit v. ANZ Over Late Payment Fees on Hold
----------------------------------------------------------------
A case filed by Bentham IMF Limited against Australia and New
Zealand Banking Group Limited (ANZ) for late payment fees charged
to ANZ customers has been put on hold, according to Exhibit 99.1
of Macquarie Leasing Pty Limited's Dec. 9, 2014, Form 8-K filing
with the U.S. Securities and Exchange Commission.
In August 2014, litigation funder Bentham IMF Limited commenced a
separate class action against ANZ for late payment fees charged to
ANZ customers in respect of commercial credit cards and other ANZ
products (at this stage not specified). The action is expressed to
apply to all relevant customers, rather than being limited to
those who have signed up with Bentham IMF Limited. The action is
at an early stage and has been put on hold while the appeal court
decision in the earlier class action is outstanding.
MACQUARIE LEASING: Sued Over Fees Charged to New Zealand Customers
------------------------------------------------------------------
ANZ continues to face a suit filed by lending Services (NZ) over
certain fees charged to New Zealand customers, according to
Exhibit 99.1 of Macquarie Leasing Pty Limited's Dec. 9, 2014, to
Form 8-K filing with the U.S. Securities and Exchange Commission.
In June 2013, litigation funder Litigation Lending Services (NZ)
commenced a representative action against ANZ for certain fees
charged to New Zealand customers since 2007. There is a risk that
further claims could emerge in Australia, New Zealand or
elsewhere.
MACY'S: Seeks Dismissal of Jeans Labeling Class Action
------------------------------------------------------
Kyla Asbury, writing for Legal Newsline, reports that Macy's has
asked a federal judge to dismiss a class action lawsuit against it
for allegedly incorrectly claiming a brand of jeans in its stores
were made in the United States.
Macy's, Citizens of Humanity, and BOP LLC said named plaintiffs
Louise Clark and Robyn Marnell failed to state a claim in their
amended complaint, according to a motion to dismiss filed Dec. 9
in the U.S. District Court for the Southern District of
California.
There is no question that the defendants sold blue jeans that were
designed, assembled, sewn, laundered and packaged in the United
States, according to the motion.
"Plaintiffs claim, nevertheless, that defendants ran afoul of
California law by labeling the jeans 'Made in the U.S.A.' because
certain unidentified 'components' -- possibly the rivets, zippers,
buttons, or fabric -- were made outside the United States," the
motion states.
The California statute at issue is preempted by the Federal Trade
Commission Act and the Federal Textile Fiber Products
Identification Act, according to the motion.
The California statute also violates the dormant Commerce Clause.
"California's more stringent regulations have no real public
benefit," the motion states. "To the contrary, they are a public
detriment in that they fail to promote businesses that do the
lion's share of their manufacturing in the United States."
The California statute imposes a significant burden on interstate
commerce, as sharply demonstrated by one of the defendants here --
a Wisconsin-based internet retailer, according to the motion.
"That retailer must now either change its labeling for the whole
country or set up procedures for identifying California-based
customers and keep a supply on hand of specially labeled
merchandise," the motion states. "And then what if other states
decide on different requirements for their citizens? Must a
manufacturer produce 5, 10, 20 differently labeled garments?"
Where a state law claim is preempted by federal law, that claim
must be dismissed for failure to state a claim, according to the
motion.
The class action lawsuit was initially filed on June 9, and an
amended complaint was filed Nov. 20.
The plaintiffs claimed they purchased Citizens of Humanity jeans
at Macy's and Shopbob.com and that the jeans are falsely labeled
as "Made in the U.S.A."
"Consumers are particularly vulnerable to these deceptive and
fraudulent practices," the complaint states. "Most consumers
possess very limited knowledge of the likelihood that products,
including the component parts therein, claimed to be made in the
United States are in fact made in foreign countries. This is a
material factor in many individuals' purchasing decisions, as they
believe they are supporting American companies and American jobs."
Consumers generally believe that "Made in the U.S.A." products are
also of higher quality than their foreign-manufactured
counterparts.
"Due to defendants' scheme to defraud the market, members of the
general public were fraudulently induced to purchase defendants'
products at inflated prices," the complaint states.
California and federal laws are designed to protect consumers from
this type of false representation and predatory conduct, according
to the suit. The defendants' scheme to defraud consumers is
ongoing and will victimize consumers each and every day until
altered by judicial intervention.
The plaintiffs are represented by John H. Donboli of Del Mar Law
Group LLP in San Diego and Shannon L. Hopkins, Nancy A. Kulesa and
Stephanie A. Bartone of Levi Korsinsky LLP in Stamford, Conn.
The defendants are represented by Peter W. Ross --
pross@bgrfirm.com -- and Michael A. Bowse -- mbowse@bgrfirm.com --
of Browne George Ross LLP in Los Angeles.
A hearing on the motion is scheduled for Jan. 22.
U.S. District Court for the Southern District of California case
number: 3:14-cv-01404
MASSACHUSETTS: 1st Cir. Affirms Dist. Ct. Ruling in Connor Case
---------------------------------------------------------------
Six children brought a class action in federal district court on
behalf of about 8,500 children who are or will be committed to
Massachusetts foster care custody as a result of their having
suffered from abuse or neglect. These six plaintiffs did not seek
individual relief, but relief on behalf of the class. They
asserted that the Massachusetts Department of Children and
Families' (DCF) so exposes the plaintiff class to harm or the risk
of harm that it violates various Amendments to the United States
Constitution, as well as the Adoption Assistance and Child Welfare
Act of 1980 (AACWA), 42 U.S.C. Sections 670 et seq. Plaintiffs
seek to have a federal court both order and oversee improvements.
After the plaintiffs fully presented their evidence at trial, and
after the defendants examined two further witnesses but before
they put on their whole case, the district court granted judgment
on the record, under Fed. R. Civ. P. 52(c), for the defendants on
all claims. It ultimately concluded that, though "DCF's management
of foster care has been less than stellar," the facts did not
demonstrate class-wide constitutional violations, nor a violation
of the AACWA, and so injunctive relief was not warranted. An
appeal followed.
The United States Court of Appeals, First Circuit, on December 15,
2014, found that the district court's careful factual findings are
supported by the record, and the district court's legal
conclusions contain no errors of law. Accordingly, the First
Circuit affirms the district court's decision. However, it added
that the district judge offered editorial comments about areas of
DCF deficiency which, while not unconstitutional, nonetheless
warrant attention from the legislative and executive branches.
A copy of the First Circuit's Opinion is available at
http://is.gd/bEMXjZfrom Leagle.com.
The case is CONNOR B., by his next friend Rochelle Vigurs; ADAM
S., by his next friend Denise Sullivan; CAMILA R., by her next
friend Bryan Clauson; ANDRE S., by his next friend Julia Pearson;
SETH T., by his next friend Susan Kramer; and RAKEEM D., by his
next friend Bryan Clauson, for themselves and those similarly
situated, Plaintiffs, Appellants, v. DEVAL L. PATRICK, in his
capacity as Governor of the Commonwealth of Massachusetts; JOHN
POLANOWICZ, in his capacity as Secretary of the Massachusetts
Executive Office of Health and Human Services; and ERIN DEVENEY,
in her capacity as Interim Commissioner of the Massachusetts
Department of Children and Families, Defendants, Appellees, NO.
13-2467.
Sara M. Bartosz -- sbartosz@childrensrights.org -- with whom
Marcia Robinson Lowry -- mlowry@childrensrights.org -- Rachel B.
Nili, Sarah T. Russo, Children's Rights, Mary K. Ryan --
mryan@nutter.com -- Daniel J. Gleason -- dgleason@nutter.com --
Jonathan D. Persky, and Nutter McClennen & Fish, LLP were on
brief, for appellants.
Liza J. Tran, Assistant Attorney General, with whom Martha
Coakley, Attorney General of Massachusetts, was on brief, for
appellees.
Andrew C. Glass -- andrew.glass@klgates.com -- Stacey L. Gorman --
stacey.gorman@klgates.com -- and K&L Gates LLP, on brief for
Center for Public Representation, Juvenile Law Center,
Massachusetts Juvenile Bar Association, National Center for Youth
Law, and Youth Law Center, as amici curiae in support of
plaintiffs-appellants.
MED-CARE DIABETIC: Court Narrows Claims in "Al and Po Corp." Case
-----------------------------------------------------------------
AL and PO Corporation filed a proposed class-action suit against
Med-Care Diabetic & Medical Supplies, Inc., alleging that Med-Care
sent unsolicited faxes in violation of the Telephone Consumer
Protection Act. Count 1 of AL and PO's complaint alleges that
Med-Care's unwanted faxes violated the TCPA's general prohibition
on unsolicited advertisements. Count 2 alleges that Med-Care also
independently violated the TCPA by failing to include opt-out
notices. Med-Care moved to dismiss the complaint for failure to
state a claim under Federal Rule of Civil Procedure 12(b)(6).
AL AND PO CORPORATION, individually and on behalf of all others
similarly situated, Plaintiff, v. MED-CARE DIABETIC & MEDICAL
SUPPLIES, Inc., Defendant, NO. 14 C 01893, (N.D. Ill.)
In a memorandum opinion and order entered on December 10, 2014, a
copy of which is available at http://is.gd/ZDlRGwfrom Leagle.com,
District Judge Edmond E. Chang denied in part and granted in part
the motion to dismiss. Count 1 of AL and PO's complaint may
proceed, but Count 2 is dismissed, Judge Chang wrote.
AL and PO Corporation, Plaintiff, represented by Joseph J Siprut
-- jsiprut@siprut.com -- Siprut PC, Gregg Michael Barbakoff --
gbarbakoff@siprut.com -- Siprut Pc & Ismael Tariq Salam --
isalam@siprut.com -- Siprut PC.
Med-Care Diabetic & Medical Supplies, Inc., Defendant, represented
by Jennifer Ann Miller -- jbmiller@winston.com -- Winston &
Strawn, Joelle Lynn Ross -- jross@winston.com -- Winston & Strawn
Llp, W. Gordon Dobie -- wdobie@winston.com -- Winston & Strawn LLP
& Wayne F. Dennison -- wdennison@brownrudnick.com -- Brown Rudnick
Berlack Israels LLP.
MICHAELS COMPANIES: Labor Claims Decertified; Filed Individually
----------------------------------------------------------------
Michaels Stores, Inc. (MSI) has approximately 50 individual labor
claims after the decertification of a suit filed by former store
managers, according to The Michaels Companies, Inc.'s Dec. 9,
2014, Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarter ended Nov. 1, 2014.
On September 15, 2011, Michaels Stores, Inc. (MSI) was served with
a lawsuit filed in the California Superior Court in and for the
County of Orange ("Superior Court") by four former store managers
as a class action proceeding on behalf of themselves and certain
former and current store managers employed by MSI in California.
The lawsuit alleges that MSI improperly classified its store
managers as exempt employees and as such failed to pay all wages,
overtime and waiting time penalties and failed to provide accurate
wage statements. The lawsuit also alleges that the foregoing
conduct was in breach of various laws, including California's
unfair competition law.
On December 3, 2013, the Superior Court entered an Order
certifying a class of approximately 200 members. MSI successfully
removed the case to the United States District Court for the
Central District of California and on May 8, 2014, the class was
de-certified. As a result of the decertification, the company has
approximately 50 individual claims pending.
MICHAELS COMPANIES: Dismissal of Data "Breach" Lawsuit Stands
-------------------------------------------------------------
Plaintiffs in a consolidated lawsuit filed against Michaels
Stores, Inc. (MSI) over a January 2014 data security "breach"
failed to alter or amend a judgment dismissing the case, according
to The Michaels Companies, Inc.'s Dec. 9, 2014, Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarter
ended Nov. 1, 2014.
Four putative class actions were filed against MSI relating to the
January 2014 data breach. The plaintiffs generally allege MSI
failed to secure and safeguard customers' private information
including credit and debit card information, and as such, breached
an implied contract, and violated the Illinois Consumer Fraud Act
(and other states' similar laws) and are seeking damages including
declaratory relief, actual damages, punitive damages, statutory
damages, attorneys' fees, litigation costs, remedial action, pre
and post judgment interest and other relief as available. The
cases are as follows: Christina Moyer v. Michaels Stores, Inc.,
was filed on January 27, 2014; Michael and Jessica Gouwens v.
Michaels Stores, Inc., was filed on January 29, 2014; Nancy Maize
and Jessica Gordon v. Michaels Stores, Inc., was filed on February
21, 2014; and Daniel Ripes v. Michaels Stores, Inc., was filed on
March 14, 2014. All four of these cases were filed in the United
States District Court-Northern District of Illinois, Eastern
Division. On April 16, 2014, an order was entered consolidating
the current actions. On July 14, 2014, the Company's motion to
dismiss the consolidated complaint was granted. On August 11,
2014, plaintiffs filed a motion to alter or amend the judgment,
which was denied on October 14, 2014. The deadline to file a
notice of appeal expired on November 13, 2014.
MICHAELS COMPANIES: Faces Suit Over Data Security Breach in N.Y.
----------------------------------------------------------------
Michaels Stores, Inc. (MSI) faces a lawsuit related to the January
2014 data "breach" in the United States District Court for the
Eastern District of New York, according to The Michaels Companies,
Inc.'s Dec. 9, 2014, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended Nov. 1, 2014.
On March 18, 2014, an additional putative class action was filed
related to the January 2014 data breach, Mary Jane Whalen v.
Michaels Stores, Inc., but was voluntarily dismissed by the
plaintiff on April 11, 2014 without prejudice to her right to re-
file a complaint. On December 2, 2014, the plaintiff filed a new
lawsuit against MSI related to the data breach in the United
States District Court for the Eastern District of New York, Mary
Jane Whalen v. Michaels Stores, Inc., seeking damages including
declaratory relief, monetary damages, statutory damages, punitive
damages, attorneys' fees and costs, injunctive relief, pre and
post judgment interest and other relief as available.
MICHAELS COMPANIES: Settlement of Cal. Zip Code Claims Approved
---------------------------------------------------------------
A settlement reached in the consolidated California Zip Code
Claims has received court approval, according to The Michaels
Companies, Inc.'s Dec. 9, 2014, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended Nov. 1,
2014.
On August 15, 2008, Linda Carson, a consumer, filed a purported
class action proceeding against MSI in the Superior Court of
California, County of San Diego ("San Diego Superior Court"), on
behalf of herself and all similarly-situated California consumers.
The Carson lawsuit alleges that MSI unlawfully requested and
recorded personally identifiable information (i.e., her zip code)
as part of a credit card transaction. The plaintiff seeks
statutory penalties, costs, interest, and attorneys' fees. On
February 10, 2011, the California Supreme Court ruled, in a
similar matter, Williams-Sonoma v. Pineda, that zip codes are
personally identifiable information and, therefore, the Song-
Beverly Credit Card Act of 1971, as amended ("Song Act"),
prohibits businesses from requesting or requiring zip codes in
connection with a credit card transaction.
Subsequent to the California Supreme Court decision, three
additional purported class action lawsuits seeking similar relief
have been filed against MSI: Carolyn Austin v. Michaels Stores,
Inc. and Tiffany Heon v. Michaels Stores, Inc., both in the San
Diego Superior Court, and Sandra A. Rubinstein v. Michaels Stores,
Inc. in the Superior Court of California, County of Los Angeles,
Central Division. An order coordinating the cases has been entered
and plaintiffs filed a Consolidated Complaint on April 24, 2012.
The parties settled the lawsuit for an amount that will not have a
material effect on the company's consolidated financial
statements. On August 6, 2014, the Court granted final approval of
the settlement.
MORGAN ONE: "Samph" Suit Seeks to Recover Unpaid Overtime Wages
---------------------------------------------------------------
William Samph, Christopher Littrell, on their own behalf and on
behalf of those similarly situated v. Morgan One Steel, Inc.,
Morgan One Steel, LLC, and Scott J. Morgan, individually, Case No.
2:14-cv-00732 (M.D. Fla., December 22, 2014), seeks to recover
unpaid wages, overtime, liquidated damages, costs, pre and post-
judgment interest, and reasonable attorneys' fees under the Fair
Labor Standards Act.
The Defendants own and operate a structural erection company in
Florida.
The Plaintiff is represented by:
Angeli Murthy, Esq.
MORGAN & MORGAN, PA
Suite 400, 600 N Pine Island Rd
Plantation, FL 33324
Telephone: (954) 318-0268
Facsimile: (954) 333-3515
E-mail: amurthy@forthepeople.com
MORGAN STANLEY: Faces "Zanjonc" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Jason Zajonc, individually and on behalf all others similarly
situated v. Morgan Stanley & Co. LLC, f/k/a Morgan Stanley & Co.
Incorporated, Morgan Stanley Smith Barney LLC, and Morgan Stanley,
Case No. 4:14-cv-05563 (N.D. Cal., December 19, 2014), is brought
against the Defendants for failure to pay overtime wages for work
performed in excess 40 hours per week.
Each Defendant is a financial services company that provides
brokerage and related products and services to millions of
investors nationwide.
The Plaintiff is represented by:
Jahan C. Sagafi, Esq.
OUTTEN & GOLDEN LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111-3339
Telephone: (415) 638-8800
Facsimile: (415) 638-8810
E-mail: jsagafi@outtengolden.com
NATIONAL ULTRASOUND: Has Sent Unsolicited Ads, Action Claims
------------------------------------------------------------
Byer Clinic of Chiropractic, Ltd., an Illinois corporation,
individually and as the representative of a class of similarly-
situated persons v. National Ultrasound, Inc. and John Does 1-10,
Case No. 1:14-cv-10183 (N.D. Ill., December 19, 2014), alleges
that the Defendants sent unsolicited advertisements via facsimile
transmission in violation of the Junk Fax Prevention Act of 2005.
National Ultrasound, Inc.
The Plaintiff is represented by:
Ryan M. Kelly, Esq.
Brian J. Wanca, Esq.
ANDERSON & WANCA
3701 Algonquin Road, Suite 760
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
E-mail: rkelly@andersonwanca.com
buslit@andersonwanca.com
NEW YORK, NY: Housing Authority Faces Class Action Over Molds
-------------------------------------------------------------
New York Daily News reports that the New York City Housing
Authority is struggling to address systemic roof and pipe leaks in
its aging 334 developments -- giving mold the moisture it needs to
thrive.
The ramifications for tenants and their children with asthma are
ominous indeed, experts say.
"It's important for NYCHA to recognize that mold is an important
trigger of respiratory problems," said Matthew Perzanowski,
associate professor of environmental health sciences at Columbia
University's Mailman School of Public Health. "In low-income
populations, it's important to intervene early to remove mold.
Doing so is imperative to children's health.
Though we don't yet understand the mechanisms of asthma
development, it is clearly related to mold," Mr. Perzanowski said.
"Longtime exposure could lead to long-term problems in your
lungs."
Sister Susanne LaChappelle, a nurse who's been treating children
with respiratory problems since 1999, said repairs that address
the root of the problem -- moisture behind the wall or ceiling --
are the best medicine.
But tenants say NYCHA often chooses the quick fix over lasting
repairs, and a PowerPoint presentation the authority offers to
tenants suggests that they clean mold with bleach spray and a
scrub brush, and prevent further problems by "keeping the area
dry."
She recently joined a class-action lawsuit organized by the Urban
Justice Center's Safety Net Project aimed at forcing NYCHA to act.
"It's the obligation of their landlord, in this case NYCHA, to fix
these problems," said Leah Goodridge, an attorney representing Lee
and 35 other tenants at Hope Gardens. "They have not lived up to
their end of the bargain."
NORDSTROM INC: "Carranza" Suit Returns to San Bernardino Court
--------------------------------------------------------------
Jaime Carranza filed on July 15, 2014, a putative class action
against Nordstrom, Inc., and various unnamed defendants in San
Bernardino Superior Court. Nordstrom removed the action on August
15, 2014, invoking the court's diversity jurisdiction under the
Class Action Fairness Act (CAFA) of 2005, 28 U.S.C. Section
1332(d)(2). Carranza filed a motion to remand the action to San
Bernardino Superior Court on September 10, 2014, which Nordstrom
opposes.
District Judge Margaret M. Morrow concluded that "Nordstrom has
failed to adduce sufficient evidence to demonstrate by a
preponderance of the evidence that the amount in controversy
exceeds $5,000,000, as required by CAFA. Accordingly, the court
lacks subject matter jurisdiction to hear this action and grants
Carranza's motion to remand."
A copy of Judge Morrow's December 12, 2014 order is available at
http://is.gd/hbq4Ddfrom Leagle.com.
The case is JAIME CARRANZA, an individual, on behalf of himself
and all others similarly situated, Plaintiff, v. NORDSTROM, INC.,
a Washington corporation, and DOES 1 through 10, inclusive,
Defendants, CASE NO. EDCV 14-01699 MMM (DTBX), (C.D. Cal.).
Jaime Carranza, Plaintiff, represented by Amy Tai Wootton --
awootton@hamnerlaw.com -- Hamner Law Offices APC & Christopher J
Hamner -- chamner@hamnerlaw.com -- Hamner Law Offices APC.
Nordstrom Inc, Defendant, represented by Joshua D Levine --
jdlevine@littler.com -- Littler Mendelson, Julie A Dunne --
jdunne@littler.com -- Littler Mendelson & Dominic John Messiha --
dmessiha@littler.com -- Littler Mendelson PC.
OMNI LIMOUSINE: Sued in Nevada Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Christy McSwiggin, and Kevin McSwiggin on behalf of themselves and
all others similarly situated v. Omni Limousine and Does 1 through
50, inclusive, Case No. 2:14-cv-02172 (D. Nev., December 19,
2014), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act.
Omni Limousine is in the business of providing limousine services.
The Plaintiff is represented by:
Joshua D. Buck, Esq.
Leah Lin Jones, Esq.
Mark R. Thierman, Esq.
THIERMAN LAW FIRM
7287 Lakeside Drive
Reno, NV 89511
Telephone: (775) 284-1500
E-mail: josh@thiermanlaw.com
leah@thiermanlaw.com
laborlawyer@pacbell.net
PERRY ELLIS: In Discussions to Settle "Ordaz" Labor Litigation
--------------------------------------------------------------
The parties in in Humberto Ordaz v. Perry Ellis International,
Inc., Case No. BC490485 (Cal. Sup. Ct. 2012) are in settlement
discussions, according to the company's Dec. 9, 2014, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended Nov. 1, 2014.
The Company is a defendant in Humberto Ordaz v. Perry Ellis
International, Inc., Case No. BC490485 (Cal. Sup. Ct. 2012),
involving claims for unpaid wages, missed breaks and related
claims, which was originally filed on August 17, 2012 by a former
employee in the Company's California administrative offices. The
plaintiff is seeking an unspecified amount of damages. The lawsuit
has been pleaded but not certified as a class action. Mediation
was held during the third quarter of fiscal 2015. Currently, the
parties are in settlement discussions.
PETROBRAS: Value Worth Less Than in May 2008 Peak
-------------------------------------------------
Kenneth Rapoza, writing for Forbes.com, reports that Petrobas is
now worth less than it was at its peak in May 2008. Back then,
Petrobras was worth around R$737 billion, or roughly $295 billion.
But a series of government policies, from how royalties will be
paid to states, to how a share offering that increased the state's
ownership of the Brazilian oil giant's stock, turned investors
off. Then, this year, a serious corruption scandal involving
dozens of high level managers within the company, sent Petrobras
shares into the single digits. It's now valued at R$127 billion,
less than $50 billion.
Petrobras shares have lost over 85% of their value since 2009.
Two U.S. law firms have filed a class action lawsuit against the
company, citing abuses of the Securities Act of 1934's provision
on anti-fraud.
The government-owned company's third quarter earnings have not
been released, because its auditors -- PriceWaterhouseCoopers --
doesn't trust the numbers and won't sign off the them.
Brazil's local securities exchange commission has six
investigations out on the company, and all of this has turned what
was once a favorite of world oil stocks, into an investor's
disaster. Even Russian energy major Gazprom, sanctioned since
June and facing declining oil prices over the last year, has done
better than Petrobras over the last five years. And year-to-date,
while the Russian entity is also a problem for investors, Gazprom
stock is down just 3% while Petrobras is down 48% year to date.
In June of 2008, when oil prices were forecast by the market to
hit $200 a barrel, Goldman Sachs equity analysts put a $60 price
target on Petrobras shares. Five years later, oil is not what it
used to be. And neither is Petrobras.
But the Brazilian oil giant doesn't have sliding crude to blame
for its conundrums. No, it has its own government to blame.
Corruption and money laundering, once thought to be a thing of the
past for large Brazilian companies like this one, has taken away
something from Petrobras that will be hard to recover once the
scandals have been judged in the courts. Petrobras will have to
regain investor trust again. And that means, regardless of how
cheap this stock looks now, Petrobras has a long way to go before
it becomes the Brazilian darling it once was to shareholders.
PHILADELPHIA: Parson's Enrichment Claim Allowed to Go Forward
-------------------------------------------------------------
In ANGELA PARSONS, et al. v. THE CITY OF PHILADELPHIA, CIVIL
ACTION NO. 13-0955, (E.D. Penn.), District Judge Thomas N. Oneill,
Jr., declined to find that plaintiff's amended class action
complaint fails to state a claim upon which relief may be granted.
"Accordingly, I will permit her unjust enrichment claim to go
forward and will not at this point resolve the question of whether
plaintiff is barred from pursuing her claim under the voluntary
payment doctrine -- even if the voluntary payment doctrine may
ultimately bar some or all of her claim," Judge Oneill added.
"[P]laintiff's amended class action complaint is sufficient to
state a claim upon which relief may be granted," he added.
The Court further ordered the parties to agree upon a schedule for
discovery limited to the issue of class certification, the filing
of plaintiff's motion for class certification and defendant's
response thereto and to submit their proposed schedule to the
Court for approval.
Copies of the Court's December 9, 2014 memorandum and order are
available at http://is.gd/IMnQXfand http://is.gd/3khOXjfrom
Leagle.com
ANGELA PARSONS, Plaintiff, represented by EDWARD S. MAZUREK --
emazurek@mazureklawfirm.com -- THE MAZUREK LAW FIRM LLC.
THE CITY OF PHILADELPHIA, PENNSYLVANIA, Defendant, represented by
ROBERT D. AVERSA, CITY OF PHILA LAW DEPT.
PRAXIS FILMS: Accused of Disclosing Gov't Confidential Info
-----------------------------------------------------------
Horace B. Edwards, John and Jane Does 1-10, v. Edward Joseph
Snowden, Praxis Films, Inc., Laura Poitras, Participant Media,
LLC, Diane Weyermann, Jeffrey Skoll, The Weinstein Company LLC
a/k/a Radius-TWC, John and Jane Does 1-10, Case No. 2:14-cv-02631
(D. Kan., December 19, 2014), is brought against the Defendants
for disclosing confidential intelligence-related materials and
government information to unauthorized recipients and by releasing
for further use and publication confidential information without
utilizing the government's prepublication review process and
participating in the production of the film Citizenfour without
first allowing the agencies to complete their prepublication
review process and without first obtaining written permission to
do so from the agencies.
Edward Joseph Snowden is a United States citizen who is a fugitive
from justice and is presently residing in Russia.
Praxis Films, Inc. is a film company owned and operated by Laura
Poitras.
Participant Media, LLC is an American film-and television-
production company which finances and produces socially relevant
films and documentaries.
The Weinstein Company LLC is an independent American film studio.
The Plaintiff is represented by:
Jean Lamfers, Esq.
LAMFERS & ASSOCIATES, LC
7003 Martindale
Shawnee, KS 66218
Telephone: (913) 962-8200
E-mail: jl@lamferslaw.com
RADIOSHACK CORP: Trial Court Ruling in "Brookler" Case Reversed
---------------------------------------------------------------
In MORRY BROOKLER et al., Plaintiffs and Appellants, v. RADIOSHACK
CORPORATION, Defendant and Respondent, NO. B256260, the plaintiffs
appeal from the trial court's order sustaining without leave to
amend the defendants' demurrer to their second amended complaint
based on the trial court's refusal to consider further class
certification proceedings in this action -- consideration
expressly contemplated in the Court of Appeals of California,
Second District, Division Seven's prior decision.
Accordingly, the Calif. Appeals Court, on December 15, 2014,
reversed the trial court's order and remanded the matter with
directions to enter a new order overruling RadioShack's demurrer,
to allow Brookler to file a motion for certification as to the
subclasses asserted in the second amended complaint and to
consider that motion on the merits when filed. Brookler is to
recover his costs on appeal, said the Court.
A copy of the Appeals Court's Opinion is available at
http://is.gd/BzEznQfrom Leagle.com.
For Plaintiffs and Appellants, Law Offices of Stephen Glick and
Stephen Glick -- sglick@glicklegal.com and:
Ian Herzog, Esq.
Evan D. Marshall, Esq.
LAW OFFICES OF IAN HERZOG
233 Wilshire Boulevard
Santa Monica, CA 90401,
Telephone: 310-458-6660
Facsimile: 301-458-9065
- and -
Paul R. Fine, Esq.
Scott A. Brooks, Esq.
DANIELS, FINE, ISRAEL SCHONBUCH & LEBOVITS, LLP
1801 Century Park East, Ninth Floor
Los Angeles, CA 90067
Telephone: (310) 556-7900
Facsimile: (310) 556-2807
Jones Day, Randy S. Grossman -- rsgrossman@jonesday.com -- and
Beong-Soo Kim -- bkim@jonesday.com ; Niddrie, Fish & Addams and
Michael H. Fish -- mfish@nfaappeals.com -- for Defendant and
Respondent.
RELIANT CAPITAL: Has Invaded Class Member's Privacy, Suit Claims
----------------------------------------------------------------
Mike Marquez, individually and on behalf of all others similarly
situated v. Reliant Capital Solutions, LLC, Case No. 2:14-cv-09740
(C.D. Cal., December 19, 2014), alleges that the Defendant
willfully employed and/or caused to employ certain recording
equipment in order to record to the telephone conversations of the
Plaintiff without knowledge or consent, thereby invading
Plaintiff's privacy.
Reliant Capital Solutions, LLC is full service accounts receivable
management company, and in the business of collecting debts on
behalf of its clients.
The Plaintiff is represented by:
Adrian Robert Bacon, Esq.
Suren N. Weerasuriya, Esq.
Todd M. Friedman, Esq.
LAW OFFICES OF TODD FRIEDMAN PC
324 S. Beverly Drive Suite 725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
E-mail: abacon@attorneysforconsumers.com
sweerasuriya@attorneysforconsumers.com
tfriedman@attorneysforconsumers.com
RIMA OF LAKE CITY: Suit Seeks to Recover Unpaid Overtime Wages
--------------------------------------------------------------
Deborah McGlashan, Christine Vaughn (f/k/a Christine Waters) and
Jessica Simmons, on their own behalf and on behalf of those
similarly situated v. Rima Of Lake City, Inc. a Florida
Corporation d/b/a Subway, Soni Dhimant an Individual, and Gita
Dhimant, an Individual, Case No. 3:14-cv-01511 (M.D. Fla.,
December 19, 2014), seeks to recover overtime wages, an additional
equal amount in liquidated damages, declaratory relief, and to
recover reasonable attorneys' fees and costs under the Fair Labor
Standard Act.
The Defendants own and operate Subway restaurant in Columbia
County, Florida.
The Plaintiff is represented by:
Angeli Murthy
Morgan & Morgan, PA
Suite 400, 600 N Pine Island Rd
Plantation, FL 33324
Telephone: (954) 318-0268
Facsimile: (954) 333-3515
E-mail: amurthy@forthepeople.com
RIO NEW YORK: Faces "Basulto" Suit Over Failure to Pay OT Wages
---------------------------------------------------------------
Eric Basulto, Enrique Toxtle, and Jose Juan Hernandez, on behalf
of themselves and all others similarly situated v. Rio New York
Inc., Carlos Bobadilla, and Alexandra Bobadilla, Case No. 1:14-cv-
10004 (S.D.N.Y., December 19, 2014), is brought against the
Defendants for failure to pay overtime wages for work performed in
excess of 40 hours per week.
The Defendants own and operate District 12 restaurant located at
4892 Broadway, New York, New York 10034.
The Plaintiff is represented by:
Brian Scott Schaffer, Esq.
Joseph A. Fitapelli, Esq.
Nicholas Paul Melito, Esq.
FITAPELLI & SCHAFFER, LLP
475 Park Avenue South, 12th Floor
New York, NY 10016
Telephone: (212) 300-0375
Facsimile: (212) 481-1333
E-mail: bschaffer@fslawfirm.com
jfitapelli@fslawfirm.com
nmelito@fslawfirm.com
SAKS & COMPANY: Faces "Crawford" Suit Over Failure to Pay OT
------------------------------------------------------------
Standifer W. Crawford, on behalf of herself and all others
similarly situated v. Saks & Company, Case No. 4:14-cv-03665 (S.D.
Tex., December 22, 2014), is brought against the Defendant for
failure to pay overtime wages in violation of the Fair Labor
Standard Act.
Saks & Company is a department store engaged in the business of
selling women's apparel, shoes and handbags, jewelry, beauty
products, men's and children's apparel, and home d‚cor items.
The Plaintiff is represented by:
Rhonda Hunter Wills, Esq.
WILLS LAW FIRM, PLLC
1776 Yorktown, Suite 570
Houston, TX 77056
Telephone: (713) 528-4455
Facsimile: (713) 528-2047
E-mail: rwills@rwillslawfirm.com
SCHLUMBERGER TECH: Faces "McCarty" Suit Over Failure to Pay OT
--------------------------------------------------------------
Vestal A. McCarty, individually and on behalf of all others
similarly situated v. Schlumberger Tech. Corp., Case No. 4:14-cv-
03668 (S.D. Tex., December 22, 2014), is brought against the
Defendant for failure to pay overtime wages for work in excess of
40 hours per week.
Schlumberger Tech. Corp. prides itself as the world's leading
supplier of technology, integrated project management and
information solutions to customers working in the oil and gas
industry worldwide.
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Lindsay R. Itkin, Esq.
Andrew W. Dunlap, Esq.
FIBICH, LEEBRON, COPELAND, BRIGGS &JOSEPHSON
1150 Bissonnet
Houston, TX 77005
Telephone: (713) 751-0025
Facsimile: (713) 751-0030
E-mail: mjosephson@fibichlaw.com
litkin@fibichlaw.com
adunlap@fibichlaw.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
SENIOR MARKET: "Silvio" Suit Seeks to Recover Unpaid OT Wages
-------------------------------------------------------------
Tekao Silvio, on behalf of herself and all others similarly
situated v. Senior Market Solutions, LLC and Drew Meyer, Case No.
0:14-cv-62885 (S.D. Fla., December 19, 2014), seeks to recover
unpaid overtime wages, unpaid commissions, an additional equal
amount as liquidated damages, obtain declaratory relief, and
reasonable attorney's fees and costs under the Fair Labor Standard
Act.
Senior Market Solutions, LLC is a foreign insurance company doing
business in Broward County, Florida.
The Plaintiff is represented by:
Richard Bernard Celler, Esq.
RICHARD CELLER LEGAL, P.A.
7450 Griffin Road, Suite 230
Davie, FL 33314
Telephone: (954) 243-4295
Facsimile: (954) 337-2771
E-mail: richard@floridaovertimelawyer.com
SONY PICTURES: Faces "Bailey" Suit Over Alleged Data Breach
-----------------------------------------------------------
Marcela Bailey, individually, and on behalf of a class of
similarly situated individuals v. Sony Pictures Entertainment
Inc., a Delaware corporation, Case No. 2:14-cv-09755 (C.D. Cal.,
December 19, 2014), is brought against the Defendant for failure
to adequately safeguard its current and former employees' personal
information including, names, home and email addresses, Social
Security numbers, visa and passport numbers, account routing
information, salary and retirement plan data, and health insurance
and medical information.
Sony Pictures Entertainment Inc. is a multi-billion dollar movie
and television production and distribution company.
The Plaintiff is represented by:
Raul Perez, Esq.
Jordan L. Lurie, Esq.
Robert Friedl, Esq.
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
CAPSTONE LAW APC
1840 Century Park East, Suite 450
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Raul.Perez@Capstonelawyers.com
Jordan.Lurie@capstonelawyers.com
Robert.Friedl@capstonelawyers.com
Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
SONY PICTURES: Faces "Shapiro" Suit Over Alleged Data Breach
------------------------------------------------------------
Steven Shapiro, individually and on behalf of all others similarly
situated v. Sony Pictures Entertainment, Inc., Case No. 8:14-cv-
02021 (C.D. Cal., December 19, 2014), is brought against the
Defendant for failure to adequately safeguard its current and
former employees' personal information including, names, home and
email addresses, Social Security numbers, visa and passport
numbers, account routing information, salary and retirement plan
data, and health insurance and medical information.
Sony Pictures Entertainment Inc. is a multi-billion dollar
movie and television production and distribution company.
The Plaintiff is represented by:
John H. Gomez, Esq.
Stephanie S. Poli, Esq.
John P. Fiske, Esq.
GOMEZ TRIAL ATTORNEYS
655 West Broadway Suite 1700
San Diego, CA 92101
Telephone: (619) 237-3490
Facsimile: (619) 237-3496
E-mail: john@thegomezfirm.com
stephanie@thegomezfirm.com
jfiske@thegomezfirm.com
- and -
Joseph G. Sauder, Esq.
Matthew D. Schelkopf, Esq.
Benjamin F. Johns, Esq.
Joseph B. Kenney, Esq.
CHIMICLES & TIKELLIS LLP
One Haverford Centre
361 West Lancaster Avenue
Haverford, PA 19041
Telephone: (610) 642-8500
Facsimile: (610) 649-3633
E-mail: jgs@chimicles.com
mds@chimicles.com
bfj@chimicles.com
jbk@chimicles.com
- and -
Richard A. Maniskas, Esq.
RYAN & MANISKAS, LLP
995 Old Eagle School Rd., Ste. 311
Wayne, PA 19087
Telephone: 484-588-5516
Facsimile: 484-450-2582
E-mail: rmaniskas@rmclasslaw.com
SONY PICTURES: Faces 2nd "Shapiro" Suit Over Alleged Data Breach
----------------------------------------------------------------
Steven Shapiro, individually and on behalf of all others similarly
situated v. Sony Pictures Entertainment, Inc., Case No. 2:14-cv-
09762 (C.D. Cal., December 19, 2014), is brought against the
Defendant for failure to adequately safeguard its current and
former employees' personal information including, names, home and
email addresses, Social Security numbers, visa and passport
numbers, account routing information, salary and retirement plan
data, and health insurance and medical information.
Sony Pictures Entertainment Inc. is a multi-billion dollar movie
and television production and distribution company.
The Plaintiff is represented by:
John H. Gomez, Esq.
Stephanie S. Poli, Esq.
John P. Fiske, Esq.
GOMEZ TRIAL ATTORNEYS
655 West Broadway Suite 1700
San Diego, CA 92101
Telephone: (619) 237-3490
Facsimile: (619) 237-3496
E-mail: john@thegomezfirm.com
stephanie@thegomezfirm.com
jfiske@thegomezfirm.com
ST FRANCIS BOYS HOME: Police Investigates Sexual Abuse Claims
-------------------------------------------------------------
BedsOnSunday reports that boys as young as nine were shipped out
from a former Catholic boys home to a life of abuse and torture in
Australia.
Bedfordshire Police are currently investigating claims of physical
and sexual abuse at St Francis Boys Home in Shefford. The home
was closed in 1973, in part due to concerns of abuse allegations.
During the investigation police heard that some boys were sent to
Bindoon, a notorious town in Western Australia. The youngsters
were sent over there in the late 1940s and early 1950s, where they
endured a life of back-breaking work and both physical and sexual
abuse that some have said amounted to torture.
The home in Bindoon was also run by the Catholic Church.
Police have confirmed that some youngsters were sent from St
Francis Boys Home and it is not entirely clear whether parental
consent was always obtained before they were shipped out.
The overall investigation now has more than 100 statements in
total, mainly against priests no longer alive, but there are now
three live suspects who are being questioned.
Bedfordshire on Sunday has been fighting for the justice of the
former boys since 1996, and in 2006 interviewed Father John Ryan,
who was twice arrested for abuse claims but never charged.
Father Ryan died in 2008.
Former boys are also taking a 'class' action against the Catholic
Church, and two former boys, Damian Chittock and Tony Walsh, have
won out of court damages.
The church is still not co-operating with the investigation and
said it had 'nothing to add' to previous statements.
Mr. Chittock said: "At every turn in this story it gets more
horrific. The church has ruined the lives of thousands, maybe
tens of thousands of small boys and time is long overdue for them
to admit it and say sorry."
STANLEY BLACK: 2nd Cir. Remands "Frasier" Case to Dist. Court
-------------------------------------------------------------
The United States Court of Appeals, Second Circuit, vacated a
district court judgment entered in TAWANNA FRAISER, on behalf of
herself and all others similarly situated, Plaintiff-Appellant, v.
STANLEY BLACK & DECKER, INC., Defendant-Appellee, NO. 14-294-CV.
Plaintiff-appellant Tawanna Fraiser, on behalf of herself and all
others similarly situated, had appealed from the judgment of the
district court entered January 16, 2014, dismissing her claims
against defendant-appellee Stanley Black & Decker, Inc. (SBD). On
October 4, 2013, ruling from the bench, the district court granted
SBD's motion to strike the class action allegations and to dismiss
the complaint. On October 15, 2013, Fraiser moved for
reconsideration, and the district court denied the motion by a
handwritten note on November 6, 2013.
According to the Second Circuit, the district court dismissed the
case without sufficiently articulating its rationale, giving only
a wholly conclusory explanation. The district court did not
specifically address the issues presented by SBD's motion to
strike or by Rule 23 itself, including important issues of
Connecticut law. For example, the Second Circuit continued, the
district court did not discuss Fraiser's standing to serve as a
class representative under the Connecticut Unfair Trade Practices
Act or the scope of a viable class under CUTPA. Additionally, the
court did not discuss Fraiser's argument that, assuming she was
barred by CUTPA from representing a class of Connecticut
residents, CUTPA's standing provision was unenforceable by virtue
of Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 559
U.S. 393 (2010). The court also did not discuss whether the
complaint adequately pleaded claims under the Magnuson-Moss
Warranty Act, or whether Fraiser's breach of warranty claims under
Connecticut common law could proceed on a class basis with or
without the CUTPA claims.
Under the circumstances, says the Second Circuit, it is unsure of
the district court's reasoning, it is therefore unable to properly
review its decision. Accordingly, the Second Circuit remands the
case to the district court for clarification and for a proper
explanation.
A copy of the Second Circuit's Summary Order dated December 11,
2014, is available at http://is.gd/SrPstsfrom Leagle.com.
For Plaintiff-Appellant, SANFORD P. DUMAIN -- sdumain@milberg.com
-- Milberg LLP, New York, New York, and:
David A. Slossberg, Esq.
HURWITZ, SAGARIN, SLOSSBERG & KNUFF, LLC
147 North Broad Street, P.O. Box 112
Milford, CT 06460
Telephone: 203-877-8000
Facsimile: 203-878-9800
MARK MILLER -- mark.miller@btlaw.com -- Barnes & Thornburg LLP,
Chicago, Illinois, and Joseph Bree Burns -- jburns@rms-law.com --
Rome McGuigan, P.C., Hartford, Connecticut, for Defendant-
Appellee.
STRATMAR FINANCIAL: "Hill" Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Shameeka Hill and others similarly situated v. Stratmar Financial
Retail Coverage LLC, d/b/a/ Stratmar Retail Services, Case No.
1:14-cv-04047 (N.D. Ga., December 22, 2014), seeks to recover
unpaid overtime wage compensation, liquidated damages, attorney's
fees and costs under the Fair Labor Standards Act.
Stratmar Financial Retail Coverage LLC is one of the largest
national field services management companies in the retail service
industry.
The Plaintiff is represented by:
Daniel Millman, Esq.
Elizabeth Ann Morgan, Esq.
THE MORGAN LAW FIRM P.C.
Bldg 260 Suite 1601
260 Peachtree Street, N.W.
Atlanta, GA 30303
Telephone: (404) 596-5430
E-mail: millman@morganlawpc.com
morgan@morganlawpc.com
STONERIDGE INC: Faces "Royal" Suit Over Defective Clutch Switch
---------------------------------------------------------------
Rickey Royal, individually on behalf of all putative class members
v. Stoneridge, Inc., Stoneridge Control Devices, Inc. f/k/a Joseph
Pollak Corp., FTE Automotive USA, Inc. f/k/a Automotive Products
Inc., Arrow Manufacturing Co., Case No. 5:14-cv-01410 (W.D. Okla.,
December 19, 2014), alleges that Defendants manufacture,
distribute, and sell defective clutch safety interlock switch
installed in certain manual transmission vehicles sold from the
mid-1990's to 2014 throughout the United States, District of
Columbia, and United States territories that creates a danger of
unanticipated start-up and movement of the vehicle any time the
ignition key is turned and a risk of a disabled vehicle unable to
start at all.
Stoneridge, Inc. is a designer and manufacturer of engineered
electrical and electronic components, modules and systems for the
commercial vehicle.
FTE Automotive USA, Inc. is engaged in the business of developing
and producing drive train and brake system applications for the
automotive industry.
Arrow Manufacturing Co. a manufacturer of high quality
compression, torsion, extension and four slide springs for
commercial vehicles.
The Plaintiff is represented by:
R. Chris Cowan, Esq.
COWAN LAW FIRM
One Meadows Building
5005 Greenville Ave., Suite 200
Dallas, TX 75206
Telephone: (214) 826-1900
Facsimile: (214) 826-8900
E-mail: chris@cowanlaw.net
- and -
Jeffrey T. Embry, Esq.
George Cowden IV, Esq.
HOSSLEY &EMBRY, LLP
320 S. Broadway, Suite 100
Tyler, TX 75702
Telephone: (903) 526-1772
Facsimile: (903) 526-1773
E-mail: jeff@hossleyembry.com
george@hossleyembry.com
STRYKER CORP: Faces Fines Over Knee Replacement Surgery Devices
---------------------------------------------------------------
Crain's Detroit Business reports that Kalamazoo-based Stryker
Corp. faces stiff penalties, including $80 million in fines and
settlements, related to allegations that a subsidiary distributed
a device used in knee replacement surgery without approval from
the U.S. Food and Drug Administration, reported Modern Healthcare,
a sister publication of Crain's Detroit Business.
OtisMed Corp., a Stryker subsidiary, and former CEO Charlie Chi
pleaded guilty to distributing knee replacement surgery cutting
guides despite the FDA's rejection of an application for marketing
clearance. A federal judge fined the company $34.4 million and
ordered $5.16 million in criminal forfeiture. OtisMed also agreed
to pay $40 million in a separate but related civil settlement.
OtisMed will be excluded from participation in Medicare and
Medicaid for 20 years, the U.S. Department of Justice said. In a
statement, Stryker noted that the criminal conduct occurred before
Stryker's 2009 acquisition of OtisMed.
Surgeons used the device, the OtisKnee orthopedic cutting guide,
to help them make accurate bone cuts in patients before implanting
artificial knee prostheses. Justice said none of the company's
claims about the tool were evaluated by the FDA before they were
used in ads and other promotional materials.
SUNTRUST NAT'L: Fannie Mae Authorized to Conduct Foreclosure
------------------------------------------------------------
The case captioned ROBERT DICKINSON AND PAMELA DICKINSON, FOR
THEMSELVES AND ALL RESIDENTS OF ARKANSAS WHO ARE SIMILARLY
SITUATED, PETITIONERS, v. SUNTRUST NATIONAL MORTGAGE INC. AND
FEDERAL NATIONAL MORTGAGE ASSOCIATION, RESPONDENTS, NO. CV-14-173.
2014 Ark. 513 presents this certified question from the United
States District Court for the Eastern District of Arkansas, Judge
Brian Miller:
Whether the Federal National Mortgage Association satisfies the
Statutory Foreclosure Act's authorized-to-do-business
requirement, Ark. Code Ann. Section 18-50-117, under 12 U.S.C.
Section 1716 et seq., or other federal laws, or must the Federal
National Mortgage Association satisfy Ark. Code Ann. Section 18-
50-117 by obtaining a certificate of authority in Arkansas prior
to statutorily foreclosing on property in Arkansas?
Petitioners, Robert and Pamela Dickinson, contend that respondent,
the Federal National Mortgage Association may not institute
foreclosure proceedings under the Statutory Foreclosure Act,
codified at Ark. Code Ann. Sections 18-50-101 et seq., unless it
is "authorized to do business in this state," which the Dickinsons
claim requires Fannie Mae to obtain a certificate of authority
from the Arkansas Secretary of State. Respondents argue that the
statute allows any authorization, including authorization under
federal law.
Associate Justice Courtney Hudson Goodson of the Supreme Court of
Arkansas, in opinion Delivered December 11, 2014, a copy of which
is available at http://is.gd/lxOGWUfrom Leagle.com, held that the
statute does contemplate authorization under federal law and that
Fannie Mae's federal charter is sufficient to allow it to proceed
under the Statutory Foreclosure Act.
For petitioners, Emerson Poynter LLP, by Scott E. Poynter --
scott@emersonpoynter.com -- and Corey D. McGaha --
cmcgaha@emersonpoynter.com; Annabelle Lee Patterson, PLC by:
Annabelle Lee Patterson -- ab@apattersonlaw.com -- and:
Kathy A. Cruz, Esq.
THE CRUZ LAW FIRM
1325 Central Ave
Hot Springs, AR 71901
Telephone: (501) 624-3600
- and -
Todd M. Turner, Esq.
Joel Hargis, Esq.
ARNOLD, BATSON, TURNER & TURNER
Post Office Box 480
Arkadelphia, AR 71923
Telephone: 870-246-9844
Facsimile: 888-866-9897
Wright, Lindsey & Jennings LLP by: Judy Simmons Henry --
jhenry@wlj.com ; and Winston & Strawn LLP by: Linda T. Coberly --
lcoberly@winston.com -- for respondents.
Kutak Rock LLP, by: David L. Williams --
David.Williams@KutakRock.com ; and Bracewell & Giuliani LLP by:
Daniel S. Connolly -- daniel.connolly@bgllp.com -- Rachel B.
Goldman -- rachel.goldman@bgllp.com -- and David J. Ball --
david.ball@bgllp.com -- for amicus curiae JPMorgan Chase Bank,
N.A.
King & Spalding LLP by: Michael J. Ciatti -- mciatti@kslaw.com --
Karen Schoen -- kschoen@kslaw.com -- and Merritt E. McAlister --
mmcalister@kslaw.com ; and Quattlebaum, Grooms, Tull & Burrow PLLC
by: E. B. Chiles IV -- cchiles@qgtlaw.com -- for amicus curiae
Federal Home Loan Mortgage Corporation.
SXB RESTAURANT: N.Y. Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Floriberto Villalva-Estrada, individually and in behalf of all
other persons similarly situated v. SXB Restaurant Corp. d/b/a IL
Tinello, and Xhevat Gocaj, jointly and severally, Case No. 1:14-
cv-10011 (S.D.N.Y., December 19, 2014), seeks to recover unpaid
minimum wages, overtime compensation, spread-of-hours wages, and
such other relief available by the Fair Labor Standard Act.
The Defendants own and operate II Tinello restaurant located at 16
West 56th Street,New York, New York.
The Plaintiff is represented by:
Brandon David Sherr, Esq.
John Gurrieri, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Telephone: (212) 229-2249
Facsimile: (212) 229-2246
E-mail: bsherr@zellerlegal.com
jmgurrieri@zellerlegal.com
SYNGENTA CORPORATION: Faces "Hill" Suit Over Illegal Sale of Corn
-----------------------------------------------------------------
H. Heath Hill, on behalf of himself and all others similarly
situated v. Syngenta Corporation, Syngenta Crop Protection, LLC,
and Syngenta Seeds, Inc., Case No. 0:14-cv-05046 (D. Minn.,
December 22, 2014), is brought against the Defendants for failure
to provide an adequate warning to farmers, grain elevators, grain
exporters, and the general public regarding the dangers of
planting, growing, harvesting, transporting, or otherwise using
Viptera corn at the time Viptera corn was sold.
The Defendants are engaged in commercial seed business,
developing, producing, and selling, through dealers and
distributors or directly to growers, a wide range of agricultural
products throughout the United States, including corn seed with
certain genetically modified traits.
The Plaintiff is represented by:
Renae D. Steiner, Esq.
HEINS MILLS & OLSON, P.L.C.
310 Clifton Avenue
Minneapolis, MN 55403
Telephone: (612) 338-4605
Facsimile: (612) 338-4692
Email: rsteiner@heinsmills.com
- and -
John G. Felder Jr., Esq.
MCGOWAN HOOD & FELDER
1517 Hampton Street
Columbia, SC 29201
Telephone: (803) 779-0100
Facsimile: (803) 256-0702
Email: jfelder@mcgowanhood.com
- and -
John G. Felder Sr., Esq.
Bates N. Felder, Esq.
THE FELDER FIRM, LLP
641 N.F.R. Huff Drive
St. Matthews, SC 29135-0346
Telephone: (803) 874-1430
Facsimile: (803) 655-7167
TAFOLINO'S INC: Faces "Montes" Suit Over Failure to Pay OT Wages
----------------------------------------------------------------
Jorge Montes, on his own behalf and on behalf of all others
similarly situated v. Tafolino's Inc. and Juan Tafoya, Case No.
1:14-cv-03425 (D. Colo., December 19, 2014), is brought against
the Defendants for failure to pay overtime wages in violation of
the Fair Labor Standard Act.
The Defendants own and operate Tafolino's Mexican restaurant
located at 2001 Youngfield St., Suite D, Golden, CO 80401.
The Plaintiff is represented by:
Brandt Powers Milstein, Esq.
MILSTEIN LAW OFFICE
595 Canyon Boulevard
Boulder, CO 80302
Telephone: (303) 440-8780
Facsimile: (303) 957-5754
E-mail: brandt@milsteinlawoffice.com
TESCO PLC: Faces Alstar LTD Suit Over Misleading Fin'l Reports
--------------------------------------------------------------
Alsar Ltd. Partnership, Individually and On Behalf of All Others
Similarly Situated v. Tesco Plc, Philip Clarke, Laurie McIlwee,
Sir Richard Broadbent, and Chris Bush, Case No. 1:14-cv-10020
(S.D.N.Y., December 19, 2014), alleges that the Defendants misled
investors concerning the Company's financial condition,
specifically by overstating the reported profits by nearly half a
billion dollars through improper and fraudulent accounting.
Tesco Plc is a multinational grocery and general merchandise
retailer headquartered in Cheshunt, Hertfordshire, England, U.K.
The Individual Defendants are officers and directors of Tesco Plc.
The Plaintiff is represented by:
Peter Safirstein, Esq.
Elizabeth S. Metcalf, Esq.
MORGAN & MORGAN, P.C.
28 W. 44th St., Suite 2001
New York, NY 10036
Telephone: (212) 564-1637
Facsimile: (212) 564-1807
Email: psafirstein@MorganSecuritiesLaw.com
emetcalf@MorganSecuritiesLaw.com
TEXAS: Children's Protective Services Faces Class Action
--------------------------------------------------------
Breitbart reports that the Texas Children's Protective Services
agency (CPS), formally known as the Texas Department of Family and
Protective Services (TDFPS), is the subject of a civil rights
class-action lawsuit.
Crystal Bentley, age 23, spent 16 years in the Texas foster care
system. Her testimony in a federal civil trial being held in
Corpus Christi casts even more shadows on the embattled agency.
Ms. Bentley testified that she was shuffled from home to home from
the time she was two years of age, until she "aged-out" at the age
of eighteen. She claimed she was repeatedly beaten and sexually
assaulted while she was under the watch of CPS case workers who
frequently didn't show up for monthly visits. Ms. Bentley claims
that the assaults came from adults who were supposed to be caring
for her, the children of foster parents and other foster children,
and even her own relatives according to an article in the Houston
Chronicle. When case workers did show up for monthly visits, her
abuse would go unreported because they failed to speak with her
privately.
The class-action lawsuit was filed by a New York advocacy group
called Children's Rights. About 12,000 children are included in
the class-action suit. These children are in long-term care in
Texas.
The group seeks to have U.S. District Judge Janis Graham Jack
order the State of Texas to enact reforms for its children's
services. The group has been successful in 15 of its 19
previously filed lawsuits.
Another former foster child, Jordan Arce, age 19, told his story
about how he was placed in a facility with children who exhibited
behavioral or emotional problems. Despite multiple placements and
even a group home, Mr. Arce was able to maintain his straight-A
record in schools. "I would lock myself in the closet, just so I
could study, read, talk to myself," he said. "After I left, I
struggled a lot with just connecting to other people."
Frequent turnover of caseworkers and management problems are to be
blamed according to a series of articles in a San Antonio Express-
News investigation.
Representatives for TDFPS tell a different side to the story. In
her testimony, Jane Burstain, the current director for TDFPS,
cited statistics that show the department has made vast
improvements in caring for foster children. She said Texas has
made more placements in homes of relatives, and had more
adoptions, fewer children in long-term care, and better training
and retention of workers. "Texas, vis-…-vis other states in the
nation, is in the norm with turnover, not significantly better or
worse," Ms. Burstain said in an article written by Stoeltje for
the Express-News. "All child welfare agencies struggle with
turnover."
Ms. Burstain says that large caseloads are not necessarily tied to
high worker turnover, or to bad outcomes for children. She said
the plaintiffs were confusing "correlation with causation."
The attorney for the Plaintiff Children's Rights organization
disagreed. "You've heard over and over again about high caseloads
leading to high turnover and bad outcomes, including in countless
documents the (DFPS) has put out about it," said Paul Yetter, a
Houston attorney hired to help represent the organization.
Ms. Burstain suggested in several emails that "reasonable minds"
could differ as to whether caregivers were at fault in some cases
involving deaths in foster care during 2013.
"I didn't say [the findings] needed to be changed, I said they
needed to be reviewed," Ms. Burstain said.
Judge Jack, who is hearing the case without a jury, asked, "Why
review them if it's not to change them?"
The class action lawsuit is focused on children in long-term care
in Texas who have been harmed by a system that has overloaded
caseworkers and other problems.
A psychologist who testified on behalf of the state, addressed
questions about an 8-year old boy who had been sexually assaulted
by two 16-year-old boys while in a foster home. He said the boy
had substantially improved while in the state's care. This
witness received tough questioning by the state's lawyer, and the
judge.
A ruling from the judge is not expected for several weeks.
TILLY'S INC: Cert. Briefing in Suit v. World of Jeans Eyed 2015
---------------------------------------------------------------
A tentative class certification briefing schedule has been set for
the first half of 2015 in a suit against World of Jeans & Tops
over an alleged request for personal identification information
from customers, according to Tilly's, Inc.'s Dec. 9, 2014, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended Nov. 1, 2014.
Kristin Christiansen, Shellie Smith and Paul Haug, on behalf of
themselves and all others similarly situated vs. World of Jeans &
Tops, Superior Court of California, County of Sacramento, Case No.
34-2013-00139010. On January 29, 2013, the plaintiffs in this
matter filed a putative class action lawsuit against the Company
alleging violations of California Civil Code Section 1747.08,
which prohibits requesting or requiring personal identification
information from a customer paying for goods with a credit card
and recording such information, subject to exceptions. In June
2013, the Court granted the Company's motion to strike portions of
the plaintiffs' complaint and granted plaintiffs leave to amend.
Plaintiffs have amended the complaint and the parties are
proceeding with discovery on class certification issues. A
tentative class certification briefing schedule has been set for
the first half of 2015. The complaint seeks certification of a
class, unspecified damages, injunctive relief and attorneys' fees.
TILLY'S INC: Answers Amended "Rebolledo" Labor Suit in Cal. Court
-----------------------------------------------------------------
Tilly's, Inc. filed an answer to the amended labor suit filed by
Maria Rebolledo, according to the company's Dec. 9, 2014, Form 10-
Q filing with the U.S. Securities and Exchange Commission for the
quarter ended Nov. 1, 2014.
Maria Rebolledo, individually and on behalf of all others
similarly situated and on behalf of the general public vs.
Tilly's, Inc.; World of Jeans & Tops, Superior Court of the State
of California, County of Orange, Case No. 30-2012-00616290-CU-OE-
CXC. On December 5, 2012, the plaintiff in this matter filed a
putative class action lawsuit against the Company alleging
violations of California's wage and hour, meal break and rest
break rules and regulations, and unfair competition law, among
other things. An amended complaint was filed on February 28, 2013,
to include enforcement of California's private attorney general
act. The complaint seeks an unspecified amount of damages and
penalties. In April 2013, the Company filed a motion to compel
arbitration, which was denied in May 2013 and affirmed on appeal.
In October 2014, the Company filed an answer to the amended
complaint.
TILLY'S INC: "Whitten" Labor Litigation Stayed Pending Conference
-----------------------------------------------------------------
The case filed by Karina Whitten against Tilly's Inc. was stayed
pending a further case management conference on December 9, 2014,
according to the company's Dec. 9, 2014, Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarter ended Nov.
1, 2014.
Karina Whitten, on behalf of herself and all others similarly
situated, v. Tilly's Inc., Superior Court of California, County of
Los Angeles, Case No, BC 548252. On June 10, 2014, plaintiff filed
a putative class action and representative Private Attorney
General Act lawsuit against the Company alleging violations of
California's wage and hour, meal break and rest break rules and
regulations, and unfair competition law, among other things. The
complaint seeks class certification, penalties, restitution,
injunctive relief and attorneys' fees and costs. The case is
currently stayed pending a further case management conference on
December 9, 2014.
TOYOTA MOTOR: Emerson Case Transferred to C.D. Calif.
-----------------------------------------------------
District Judge Jon S. Tigar granted a motion to transfer venue
filed in the case captioned ANNITA EMERSON, et al., Plaintiffs, v.
TOYOTA MOTOR NORTH AMERICA, INC., et al., Defendants, CASE NO. 14-
CV-02842-JST, (N.D. Cal.)
In this putative class action, Ms. Emerson alleged that certain
Highlander vehicles designed, marketed, and sold by Toyota possess
defective power lift gates. Defendants Toyota Motor North
American, Inc., and Toyota Motor Sales, U.S.A., Inc. filed the
motion to transfer.
"In sum, although many of the factors that courts apply when
considering a motion to transfer under [Section] 1404(a) are
neutral in this case, the Court is troubled by the appearance of
judge-shopping arising from Plaintiff's voluntary dismissal of the
Central District action and immediate re-filing in the Northern
District. The Court will accordingly transfer this action back to
the Central District, where the complaint was originally filed,"
Judge Tigar wrote in his December 9, 2014 ruling a copy of which
is available at http://is.gd/5WGiEZfrom Leagle.com.
Annita Emerson, Plaintiff, represented by John A. Yanchunis --
JYanchunis@ForThePeople.com -- Morgan & Morgan Complex Litigation
Group, Robert Ahdoot -- rahdoot@ahdootwolfson.com -- Ahdoot &
Wolfson, P.C., Theodore Walter Maya -- tmaya@ahdootwolfson.com --
Ahdoot & Wolfson, P.C. & Tina Wolfson --
twolfson@ahdootwolfson.com -- Ahdoot & Wolfson, P.C.
Juan Carlos Rivera, Plaintiff, represented by Jack Samuel
Feltscher -- chelenika@cox.net -- Law Office of Jack S. Feltscher.
Toyota Motor North America, Inc., Defendant, represented by
Christopher Chorba -- cchorba@gibsondunn.com -- Gibson, Dunn &
Crutcher LLP, Chelsea Victoria Norell -- cnorell@gibsondunn.com --
Gibson, Dunn & Crutcher LLP & Timothy William Loose --
tloose@gibsondunn.com -- Gibson, Dunn & Crutcher LLP.
Toyota Motor Sales, U.S.A., Inc., Defendant, represented by
Christopher Chorba, Gibson, Dunn & Crutcher LLP, Chelsea Victoria
Norell, Gibson, Dunn & Crutcher LLP & Timothy William Loose,
Gibson, Dunn & Crutcher LLP.
UBER TECHNOLOGIES: Driver Misclassification Suits Consolidated
--------------------------------------------------------------
Jordan Graham, writing for Boston Herald, reports that a
Massachusetts lawsuit claiming ride-for-hire company Uber is
misclassifying its drivers as independent contractors is now being
merged with an identical case in California, as the lawyer behind
the suit seeks to make the ultimate resolution apply to Uber's
drivers around the country.
"The agreement that Uber has its drivers sign says that California
law will apply," said Shannon Liss-Riordan, who brought the suit
against Uber. Because of that, she said, there is legal precedent
for rulings across the country to use California law.
UNITED AUTOMOBILE: Faces OPEIU Suit Over ERISA Violation
--------------------------------------------------------
Office and Professional Employees International Union, Local Union
494, Staff Council of International Representatives, Paula Young,
Norman L. Bissell, Jr., and David Curson v. International Union,
United Automobile, Aerospace And Agricultural Implement Workers Of
America, UAW, Case No. 2:14-cv-14868 (E.D. Mich., December 22,
2014), is brought against the Defendants for violations of
Employee Retirement Income Security Act.
The Defendants are unincorporated associations that are engaged in
the representation of employees for purposes of collective
bargaining primarily in the automotive, aerospace and agricultural
implement industries.
The Plaintiff is represented by:
David M. Fusco, Esq.
SCHWARZWALD McNAIR & FUSCO LLP
616 Penton Media Building
1300 East Ninth Street
Cleveland, OH 44114-1503
Telephone: (216) 566-1600
Facsimile: (216) 566-1814
E-mail: dfusco@smcnlaw.com
- and -
Andrew W. Stumpff, Esq.
STEVENSON KEPPELMAN ASSOCIATES
444 South Main Street
Ann Arbor, MI 48104-2304
Telephone: (734) 747-7050
Facsimile: (734) 747-8010
E-mail: andrew@sklaw.com
- and -
David M. Cook, Esq.
Jennie G. Arnold, Esq.
COOK & LOGOTHETIS, LLC
22 West Ninth Street
Cincinnati, OH 45202
Telephone: (513) 721-0444
Facsimile: (513) 721-1178
E-mail: dcook@econjustice.com
jarnold@econjustice.com
WAL-MART STORES: Superior Court Ruling in Employees' Suit Upheld
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MICHELLE BRAUN, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY
SITUATED, Appellee, v. WAL-MART STORES, INC., A DELAWARE
CORPORATION, AND SAM'S CLUB, AN OPERATING SEGMENT OF WAL-MART
STORES, INC., Appellants, DOLORES HUMMEL, ON BEHALF OF HERSELF AND
ALL OTHERS SIMILARLY SITUATED, Appellees, v. WAL-MART STORES,
INC., A DELAWARE CORPORATION, AND SAM'S CLUB, AN OPERATING SEGMENT
OF WAL-MART STORES, INC., Appellants, NO. 32 EAP 2012 is a
discretionary appeal which concerns whether the class action
proceedings in this case improperly subjected Appellants to a
"trial by formula." The trial court certified the class, a jury
rendered a divided verdict, and the Superior Court affirmed in
part and reversed in part.
In an opinion entered December 15, 2014, a copy of which is
available at http://is.gd/Goh1hcfrom Leagle.com, the Supreme
Court of Pennsylvania, Eastern District held that "there was a
single, central, common issue of liability here: whether Wal-Mart
failed to compensate its employees in accordance with its own
written policies. On that question, both parties presented
evidence. Wal-Mart's liability was proven on a class-wide basis.
Damages were assessed based on a computation of the average rate
of an employee's pay (about eight dollars per hour) multiplied by
the number of hours for which pay should have been received but
was not. In our view, this was not a case of 'trial by formula' or
of a class action 'run amok.' Accordingly, the judgment of the
Superior Court is affirmed."
WALKER RESOURCES: "Jenkins" Suit Seeks to Recover Unpaid Overtime
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Stephen Jenkins, on behalf of himself and all others similarly
situated v. Walker Resources, Inc. d/b/a Star Staffing Services,
SPS Resources, Inc., Hornblower Group, Inc., Hornblower Yachts,
Inc., Hornblower New York, LLC, Milton Weil, Michael Walker,
George Rizzo, Terry Macrae, and Cameron Clark, Case No. 1:14-cv-
10002 (S.D.N.Y., December 19, 2014), seeks to recover overtime
compensation and damages pursuant to the Fair Labor Standard Act.
Walker Resources, Inc. and SPS Resources, Inc. are providers of
outsourced staffing services to the hospitality industry.
Hornblower Group, Inc., Hornblower Yachts, Inc., and Hornblower
New York, LLC operate a dining cruise and charter yacht company
offering dinner cruises, charter cruises, harbor cruises,
corporate events, and weddings.
The Plaintiff is represented by:
Brian Scott Schaffer, Esq.
Eric Joshua Gitig, Esq.
Nicholas Paul Melito, Esq.
FITAPELLI & SCHAFFER, LLP
475 Park Avenue South, 12th Floor
New York, NY 10016
Telephone: (212) 300-0375
Facsimile: (212) 481-1333
E-mail: bschaffer@fslawfirm.com
egitig@fslawfirm.com
nmelito@fslawfirm.com
ZUFFA LLC: Illegally Fixes Mixed Martial Arts Promo, Suit Says
--------------------------------------------------------------
Luis Javier Vazquez and Dennis Lloyd Hallman, on behalf of
themselves and all others similarly situated v. Zuffa, LLC, d/b/a
Ultimate Fighting Championship and UFC, Case No. 5:14-cv-05591
(N.D. Cal., December 22, 2014), arises out of Defendant's
anticompetitive scheme to maintain and enhance its monopoly power
in the market for promotion of live Elite Professional mixed
martial arts bouts, and monopsony power in the market for live
Elite Professional MMA Fighter services.
Zuffa LLC is an American sports promotion company specializing in
mixed martial arts.
The Plaintiff is represented by:
Joseph R. Saveri, Esq.
Joshua P. Davis, Esq.
Andrew M. Purdy, Esq.
Kevin E. Rayhill, Esq.
JOSEPH SAVERI LAW FIRM, INC.
505 Montgomery Street, Suite 625
San Francisco, CA 94111
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
jdavis@saverilawfirm.com
apurdy@saverilawfirm.com
krayhill@saverilawfirm.com
- and -
Benjamin D. Brown, Esq.
Hiba Hafiz, Esq.
COHEN MILSTEIN SELLERS & TOLL, PLLC
1100 New York Ave., N.W., Suite 500, East Tower
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408 4699
E-mail: bbrown@cohenmilstein.com
hhafiz@cohenmilstein.com
- and -
Eric L. Cramer, Esq.
Michael Dell'Angelo, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: ecramer@bm.net
mdellangelo@bm.net
*********
S U B S C R I P T I O N I N F O R M A T I O N
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