/raid1/www/Hosts/bankrupt/CAR_Public/150219.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, February 19, 2015, Vol. 17, No. 36
Headlines
AEGON USA: Accused of Wrongful Actions Over Retirement Plan
ALIBABA GROUP: Robbins Geller Files Class Action in New York
ALPHA ACRYLIC: Faces "Diaz" Suit Over Failure to Pay Overtime
AMERICAN PIE: "Aguirre" Suit Seeks to Recover Unpaid OT Wages
AMERICAN TAX: Settlements in Bid-Rigging Class Action Top $8MM
ANTHEM INC: Faces "Kaslowitz" Suit Over Alleged Data Breach
ANTHEM INC: Faces "McKinley" Suit Over Alleged Data Breach
ANTHEM INC: Faces "Keyser" Suit in Ind. Over Alleged Data Breach
ANTHEM INC: Faces "Liu" Suit in Cal. Over Alleged Data Breach
ANTHEM INC: Faces "Pantuso" Suit in Ind. Over Alleged Data Breach
ANTHEM INC: Faces "Powell" Suit in Cal. Over Alleged Data Breach
ANTHEM INC: Faces "Powell" 2nd Suit in Over Alleged Data Breach
ANTHEM INC: Faces "Schneider" Suit Over Alleged Data Breach
APPLE INC: April Hearing Set for MacBook Class Action
ATLANTIC SPROUT: Recalls Chinese Mung Bean Sprouts
BAKER HUGHES: Faces "Blanton" Suit Over Failure to Pay OT Wages
BIOMEDICAL SYSTEMS: Faces "Burns" Suit Over Failure to Pay OT
BLACK CAT: Recalls Oatcake Products Due to Undeclared Gluten
BROME LAKE: Recalls Canards du Lac Brome Ltee Canada A Whole Duck
CALIFORNIA GIRLS: Fails to Pay Employees OT, "Holland" Suit Says
CHALLENGE FINANCIAL: April 7 Deadline Set to Join Class Action
CHESWICK GENERATING: Judge Strikes Down Class Action Allegations
CHIQUITA BRANDS: Sued in Cal. Over Illegal Production Methods
CHUANG'S COMPANY: Recalls Te Chang Food Bean Curd Products
CHURCH AVE: Faces "Palaguachi" Suit Over Failure to Pay Overtime
COSTCO WHOLESALE: Recalls Rader Farms Fresh Start Smoothie Blend
CROSSCOUNTRY MORTGAGE: Sued in Ill. Over Failure to Pay Overtime
ECOMAX NUTRITION: Recalls Go Raw Organic Spicy Seed Mix
FIRST CHOICE: Faces "Lyon" Suit Over Failure to Pay Overtime
FRESH FOOD: Faces "Ortiz" Suit Over Failure to Pay Overtime Wages
GENERAL MOTORS: Recalls Corvette Model
GRAINERY RESTAURANT: Faces Class Action Over Unpaid Wages
INOVATA FOODS: Recalls Compliments Scrumptious Seafood
JACKCO TRANSNATIONAL: Recalls Jump Starter Set Due to Fire Hazard
JPMORGAN CHASE: Settles FX Rigging class Action for $99.5MM
KIA: Recalls Forte Model Due to Defective Cooling Fan Resistor
KRISPY KREME: Faces "Robles" Suit Over Failure to Pay Overtime
KTM NORTH AMERICA: Recalls Off-Road Motorcycles
L & K CONSTRUCTION: Faces "Alberts" Suit Over Failure to Pay OT
LA NUEVA: Faces "Garcia" Suit Over Failure to Pay Overtime Wages
LA ROCCIA: "Pesantez" Suit Seeks to Recover Unpaid Overtime Wages
LA ROCCIA: "Posentez" Suit Seeks to Recover Unpaid Overtime Wages
LAWRENCE LIVERMORE: Retirees Get Class Action Opt-Out Notice
LEARNING CURVE: Expands Recall of VIA I470C Infant Car Seats
LFN RESTAURANT: Faces "Castillo" Suit Over Failure to Pay OT
LYFT: California Likely to Favor Drivers, Judge Says
M&M TWINS: Recalls MD Mature Jak Curry Due to Undeclared Mustard
M&M TWINS: Recalls MD Mango Nectar Due to Undeclared Sulphites
MACK: Recalls CXU, CHU and GU Models
MAVERICK ENTERPRISES: Sued Over Failure to Pay Overtime Wages
MEADOWBROOK INSURANCE: Faces "Klein " Suit Over Company Sale
MEADOWBROOK INSURANCE: Faces "Klein" 2nd Suit Over Company Sale
MIRACLE WORKERS: Faces "Robinson" Suit Over Failure to Pay OT
MONTEREY COUNTY, CA: Inmates' Suit Obtains Class-Action Status
NAT'L FOOTBALL: Appeals Painkiller Class Action Dismissal
NOW FOODS: Vitamin C Bottles Half-Full, Class Action Claims
OAKLAND RAIDERS: Bill Introduced after Cheerleader Class Action
OMEGA FOOD: Recalls Olza Prince Polo Wafer Products
OTTAWA: Faces Suit Over Indian Residential School Settlement
PERFORMANT TECHNOLOGIES: Has Made Unsolicited Calls, Suit Says
PF CHANG: Sued Over Extra Charges on Gluten-Free Dishes
POLEMIS GROCERY: Fails to Pay Employees Overtime, Action Claims
PORSCHE: Recalls 78 Cayenne S Hybrid Cars
PRODIGY GROUP: Recalls Aluminum Hubs Due to Injury Hazard
PROVIDER PLUS: "Volz" Suit Seeks Unpaid Overtime Wages
RED MOUNTAIN: Faces "Zhang" Suit Over Failure to Pay Overtime
REPUBLIC MORTGAGE: Faces "Hoffman" Suit Over Failure to Pay OT
SAN MARTIN: Faces "Romero" Suit Over Failure to Pay Overtime
SEAMLESS FLOORING: Faces "Swenson" Suit Over Failure to Pay OT
SOBEYS INC: Recalls Mediterranean Style Snap Pea Sensations
SPANISH TRANSPORTATION: Sued Over Failure to Pay Overtime Wages
SPORTS VENUE: "Morales" Suit Seeks to Recover Unpaid OT Wages
STRATASYS LTD: Sued in N.Y. Over Misleading Financial Reports
SYNGENTA CORP: Mid-Missouri Farmers File GM Corn Class Action
TAKATA CORPORATION: Faces "Moore" Suit Over Defective Airbags
THOR INDUSTRIES: Recalls 35 Z-1 Trailers Due to Labeling Errors
TOYOTA MOTOR: Recalls 381 Prius V Cars
UBER TECH: Internal E-mails Made Public as Class Action Evidence
UBS AG: FINRA Voids OT Suit Waiver, Class Action Attorney Argues
UNITED STATES: Investors Launch Class Action v. FSA
UNIVERSITY OF NORTH CAROLINA: Ramsay Makes First Public Statement
UVEX SPORTS: Recalls Multiple UVEX Bike Helmets
VOLKSWAGEN: Recalls 3,174 S4, A6, Q7, and A7 Cars & SUVs
WAL-MART STORES: Faces "Marshalls" Suit Over Product Misbranding
WAL-MART STORES: Faces "Mayer" Suit Over Product Misbranding
WAL-MART STORES: Faces "Trinidad" Suit Over Product Misbranding
WAL-MART STORES: Faces "Trinidad" 2nd Suit Over Misbranding
WALGREEN CO: Faces "Allsup" Suit Over Misleading Product Label
WALGREEN CO: Faces "Cummins" Suit Over Misleading Product Label
WALGREEN CO: Faces Hernandez Suit Over Marketing of Herbal Items
WALGREEN CO: Faces "Cummins" Suit Over Misleading Product Label
WALTER KIDDE: Recalls Disposable Fire Extinguishers
WARNER MUSIC: Settles Intern Class Action for $725,000
WEBSTER CAFE: "Raffa" Suit Seeks to Recover Unpaid Overtime Wages
WINDHAVEN INSURANCE: "Hu" Suit Seeks to Recover Unpaid Overtime
WINNEBAGO INDUSTRIES: Recalls 145 Minnie Trailers
WOODFORD TRANSPORTATION: Faces Class Actions Over Water Crisis
*********
AEGON USA: Accused of Wrongful Actions Over Retirement Plan
-----------------------------------------------------------
Lequita Dennard, on behalf of herself and all others similarly
situated v. Aegon USA LLC, et al., Case No. 2:15-cv-00896 (C.D.
Cal., February 6, 2015), is brought against the Defendants for
failure to act prudently and solely in the interest of the
Plan's participants when making decisions about selecting,
removing, replacing, and monitoring the Plan's investments and
vendors, and acting to defray reasonable expenses of administering
the Plan, in violation of the Employee Retirement Income Security
Act.
Aegon USA LLC is an Iowa corporation and a subsidiary of AEGON
N.V., which provides financial services including insurance, the
management of retirement plans, and an array of investment options
including retail mutual funds and unregistered investment products
such as pooled separate accounts and collective trusts.
The Plaintiff is represented by:
Peter K. Stris, Esq.
Brendan S. Maher, Esq.
Victor O'Connell, Esq.
STRIS & MAHER LLP
725 South Figueroa Street, Suite 1830
Los Angeles, CA 90017
Telephone: (213) 995-6800
Facsimile: (213) 261-0299
E-mail: peter.stris@strismaher.com
brendan.maher@strismaher.com
victor.oconnell@strismaher.com
ALIBABA GROUP: Robbins Geller Files Class Action in New York
------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP on Jan. 30 disclosed that a class
action has been commenced in the United States District Court for
the Southern District of New York on behalf of purchasers of
Alibaba Group Holding Limited American Depositary Shares ("ADSs")
during the period between October 21, 2014 and January 28, 2015.
If you wish to serve as lead plaintiff, you must move the Court no
later than 60 days from January 30, 2015. If you wish to discuss
this action or have any questions concerning this notice or your
rights or interests, please contact plaintiff's counsel, Samuel H.
Rudman or David A. Rosenfeld of Robbins Geller at 800/449-4900 or
619/231-1058, or via e-mail at djr@rgrdlaw.com
If you are a member of this class, you can view a copy of the
complaint as filed or join this class action online at
http://www.rgrdlaw.com/cases/alibaba/
Any member of the putative class may move the Court to serve as
lead plaintiff through counsel of their choice, or may choose to
do nothing and remain an absent class member.
The complaint charges Alibaba and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.
Alibaba is a China-based online and mobile commerce company in
retail and wholesale trade, as well as cloud computing and other
services.
The complaint alleges that during the class period, Defendants
issued materially false and misleading statements regarding the
soundness of Company's business operations, the strength of its
financial prospects and concealing substantial ongoing regulatory
scrutiny. Specifically, the complaint alleges that Alibaba failed
to disclose that Company executives had met with China's State
Administration of Industry and Commerce ("SAIC") in July 2014,
just two months before Alibaba's $25+ billion initial public
offering in the United States (the "IPO"), and that regulators had
then brought to Alibaba's attention a variety of highly dubious --
even illegal -- business practices. In the IPO, Alibaba and
certain "selling shareholders" sold more than 368 million ADSs at
$68 each. The complaint alleges that selling shareholders
included two of Alibaba's co-founders, Jack Ma and Joseph Tsai,
each of whom sold millions of shares. The complaint also alleges
that throughout the Class Period, Alibaba's ADSs continued trading
at ever-increasing, artificially inflated prices reaching a Class
Period high of $120 each in intraday trading on November 13, 2014
and that in November 2014, the Company raised another $8 billion
in a debt offering.
The complaint further alleges that on January 28, 2015, before the
opening of trading, various members of the financial media
reported that SAIC had released a white paper accusing Alibaba of
engaging in the very illegal conduct disclosed to Alibaba
executives in July 2014. On this news, the complaint alleges that
the price of Alibaba ADSs declined unusually high trading volume.
Then, the complaint alleges, on January 29, 2015, before the
market opened, Alibaba issued a press release announcing its
financial results for the quarter ended December 31, 2014. The
complaint alleges that revenue growth missed the target defendants
had led the investment community to expect and that profits
declined 28% from Alibaba's fourth quarter 2013 results.
According to the complaint, the Company blamed an inability to
monetize growing transactions on its mobile platforms, where
advertising is less profitable than on personal computers. As a
result of these disclosures, the complaint alleges that the price
of Alibaba ADSs plummeted further and collectively the two drops
erased more than $11 billion in market capitalization from the
ADSs Class Period high.
Plaintiff seeks to recover damages on behalf of all purchasers of
Alibaba ADSs during the Class Period. The plaintiff is
represented by Robbins Geller, which has expertise in prosecuting
investor class actions and extensive experience in actions
involving financial fraud.
With 200 lawyers in ten offices, Robbins Geller --
http://www.rgrdlaw.com-- represents U.S. and international
institutional investors in contingency-based securities and
corporate litigation.
ALPHA ACRYLIC: Faces "Diaz" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Francisco Ramos Diaz, on behalf of himself and similarly situated
individuals v. Alpha Acrylic Design, Inc. and Philip Br Liu, Case
No. 1:15-cv-01242 (N.D. Ill., February 9, 2015), is brought
against the Defendants for failure to pay overtime wages for work
in excess of 40 hours per week.
The Defendants are engaged in producing custom acrylic products
with its principal place of business located at 3359A N. Ridge
Ave., Arlington Heights, Illinois.
The Plaintiff is represented by:
Carlos G. Becerra, Esq.
Perla M. Gonzalez, Esq.
BECERRA LAW GROUP, LLC
332 South Michigan, Suite 1020
Chicago, IL 60604
Telephone: (312)753-6967
Facsimile: (312)427-1850
E-mail: cbecerra@law-rb.com
pgonzalez@law-rb.com
AMERICAN PIE: "Aguirre" Suit Seeks to Recover Unpaid OT Wages
-------------------------------------------------------------
William Aguirre, and other similarly situated individuals v.
American Pie Pizzeria Inc. and Barney Weinkle, Case No. 0:15-cv-
60257 (S.D. Fla., February 9, 2015), seeks to recover unpaid
overtime wages and damages pursuant to the Fair Labor Standard
Act.
The Defendants own and operate a restaurant in Broward County,
Florida.
The Plaintiff is represented by:
Ruben Martin Saenz, Esq.
Saenz & Anderson, PLLC
20900 N.E. 30th Avenue, Suite 800
Aventura, FL 33180
Telephone: (305) 503-5131
Facsimile: (888) 270-5549
E-mail: msaenz@saenzanderson.com
AMERICAN TAX: Settlements in Bid-Rigging Class Action Top $8MM
--------------------------------------------------------------
Matthew Bultman and Aaron Vehling, writing for Law360, report that
the settlement fund in a consolidated class action brought by
property owners alleging a wide-ranging conspiracy to rig auctions
of municipal tax liens in New Jersey climbed over $8 million on
Jan. 29, after a federal judge gave preliminary approval to
settlement deals with three investors and a Florida tax company.
U.S. District Judge Michael Shipp granted the plaintiffs' motion
for preliminary settlement with American Tax Funding LLC, along
with individual investors Lambros Xethalis, Robert W. Stein and
Norman T. Remick, to settle allegations they participated in a
scheme to manipulate auctions by colluding on bids to drive up the
interest rates on municipal tax liens.
According to the order filed on Jan. 29, American Tax Fund will
pay $350,000 while Stein and Remick, who pled guilty to related
criminal charges in April 2013, will pay $115,000 and $135,000,
respectively. An amount for Xethalis was not indicated.
"Because the [settlements] meet the preliminary standards for
preliminary approval, the court preliminarily approves all terms
of the [settlements]," Judge Shipp wrote.
The group is among 14 settling defendants in the alleged
conspiracy who have agreed to pay a combined $8.3 million to the
settlement fund. In orders dating back to 2013, Judge Shipp
granted preliminary approval of deals with several companies,
including Pro Capital LLC, Sass Investor Services and Royal Tax
Lien Services LLC, and numerous individuals associated with those
companies.
Suits are still pending against five groups of defendants,
including Fidelity Inc. and Crestar Capital LLC.
Judge Shipp's order from Jan. 29 also provisionally certified a
settlement class of people who owned property in New Jersey and
whose tax sale certificate was purchased by one of the defendants
at a public auction between January 1998 and February 2009.
According to court filings, New Jersey law allows the auctioning
of tax liens that remain unpaid after a waiting period. The law
requires that investors bid on the interest rate that delinquent
property owners will pay upon redemption, starting with an 18
percent rate that is reducible to zero through a competitive
bidding process.
The plaintiffs claim the defendants began conspiring in 1998 to
allocate the liens among themselves and not bid against each other
in order to make sure the interest rates didn't drop below the
legal maximum of 18 percent.
The plaintiffs say the conspiracy harmed thousands of New Jersey
real property owners by forcing them to pay higher interest rates
on their tax sale certificates than they would have without the
collusion, according to the amended complaint.
Following a probe into the scheme, the U.S. Department of Justice
secured more than a dozen guilty pleas, including that of Remick,
who acknowledged in April 2013 that he submitted bids in line with
agreements to divvy up the liens with other bidders.
Judge Shipp in November dismissed two claims from the class action
but declined to fully toss the suit, ruling the plaintiffs had
adequately stated their antitrust claims.
On Jan. 29, he appointed Gilardi & Co. LLC as the class
administrator and set a final fairness hearing for July.
The plaintiffs are represented by The Wolf Law Firm LLC, Lite
DePalma Greenberg LLC, Williams Cuker & Berezofsky, Cafferty
Clobes Meriwether & Sprengel LLP, Schnader Harrison Segal & Lewis
LLP, Mattleman Weinroth & Miller PC, Bailey & Glasser LLP, Smith &
Schwartzstein LLC, Paris Ackerman & Schmierer, Poulos Lopiccolo PC
and Shepherd Finkelman Miller & Shah LLP, among others.
The tax companies are represented by Carella Byrne Cecchi Olstein
Brody & Agnello PC, Greenbaum Rowe Smith & Davis LLP, Dilworth
Paxson LLP, Bellin & Associates LLC and Steven M. Janove, among
others.
The case is In re: New Jersey Tax Sales Certificates Antitrust
Litigation, case number 3:12-cv-01893, in the U.S. District Court
for the District of New Jersey.
ANTHEM INC: Faces "Kaslowitz" Suit Over Alleged Data Breach
-----------------------------------------------------------
Jeffrey Kaslowitz, an individual, on behalf of himself and all
others similarly situated v. Anthem, Inc. f/k/a Wellpoint, Inc.,
an Indiana corporation, Case No. 1:15-cv-00188 (S.D. Ind.,
February 9, 2015), is brought against the Defendant for failure to
provide adequate security and protection for its computer systems
containing patient's personally identifiable information and
personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
William R. Riley, Esq.
Joseph N. Williams, Esq.
James A. Piatt, Esq.
PRICE WAICUKAUSKI & RILEY, LLC
301 Massachusetts Avenue
Indianapolis, IN 46204
Telephone: (317) 633-8787
Facsimile: (317) 633-8797
E-mail: wriley@price-law.com
jwilliams@price-law.com
jpiatt@price-law.com
- and -
Laurence D. King, Esq.
Linda M. Fong, Esq.
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, Suite 400
San Francisco, CA 94104
Telephone: (415) 772-4700
Facsimile: (415) 772-4707
E-mail: lking@kaplanfox.com
lfong@kaplanfox.com
- and -
Robert N. Kaplan, Esq.
Lauren D. Dubick, Esq.
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue
New York, NY 10022
Telephone: (212) 687-1980
E-mail: rkaplan@kaplanfox.com
ldubick@kaplanfox.com
ANTHEM INC: Faces "McKinley" Suit Over Alleged Data Breach
----------------------------------------------------------
Margaret McKinley and Nicholas Bowes, individually and on behalf
of all others similarly situated v. Anthem, Inc. f/k/a Wellpoint,
Inc., an Indiana corporation, Case No. 1:15-cv-00096 (S.D. Ohio,
February 9, 2015), is brought against the Defendant for failure to
provide adequate security and protection for its computer systems
containing patient's personally identifiable information and
personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
Phillip A. Kuri, Esq.
Kimberly C. Young, Esq.
ELK AND ELK CO., LTD.
6105 Parkland Boulevard
Cleveland, Ohio 44124
Telephone: (440) 442-6622
Facsimile: (440) 442-7999
E-mail: pkuri@elkandelk.com
kyoung@elkandelk.com
- and -
Steven R. Jaffe, Esq.
Mark S. Fistos, Esq.
Seth M. Lehrman, Esq.
FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L.
425 North Andrews Avenue, Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524-2820
Facsimile: (954) 524-2822
E-mail: steve@pathtojustice.com
mark@pathtojustice.com
seth@pathtojustice.com
ANTHEM INC: Faces "Keyser" Suit in Ind. Over Alleged Data Breach
----------------------------------------------------------------
John Keyser, individually and on behalf of all others similarly
situated v. Anthem Inc. f/k/a Wellpoint, Inc., Case No. 1:15-cv-
00178 (S.D. Ind., February 6, 2015), is brought against the
Defendant for failure to provide adequate security and protection
for its computer systems containing patient's personally
identifiable information and personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
David J. Hensel, Esq.
PENCE HENSEL LLC
135 N. Pennsylvania Street, Suite 1600
Indianapolis, IN 46204
Telephone: (317) 833-1111
Facsimile: (317) 833-1199
E-mail: dhensel@pencehensel.com
- and -
Joseph G. Sauder, Esq.
Matthew D. Schelkopf, Esq.
Benjamin F. Johns, Esq.
Joseph B. Kennedy, Esq.
CHIMICLES & TIKELLIS, LLP
One Haverford Center
361 West Lancaster Avenue
Haverford, PA 19041
Telephone: (610) 642-8500
Facsimile: (610) 649-3633
E-mail: jgs@chimicles.com
bfj@chimicles.com
jbk@chimicles.com
- and -
Thomas B. Malone, Esq.
THE MELONE FIRM, LLLC
1650 Arch St., Suite 1903
Philadelphia, PA 19103
Telephone: (215) 987-5200
E-mail: tmalone@themalonefirm.com
ANTHEM INC: Faces "Liu" Suit in Cal. Over Alleged Data Breach
-------------------------------------------------------------
David Liu, individually and on behalf of all others similarly
situated v. Anthem, Inc., d/b/a Anthem Health, Inc., et al., Case
No. 8:15-cv-00215 (C.D. Cal., February 6, 2015), is brought
against the Defendant for failure to provide adequate security and
protection for its computer systems containing patient's
personally identifiable information and personal health
information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
Mark P. Robinson Jr., Esq.
Daniel S. Robinson, Esq.
Wesley K. Polischuk, Esq.
ROBINSON CALCAGNIE ROBINSON SHAPIRO DAVIS, INC.
19 Corporate Plaza Drive
Newport Beach, CA 92660
Telephone: (949) 720-1288
Facsimile: (949) 720-1292
E-mail: mrobinson@rcrsd.com
drobinson@rcrsd.com
wpolischuk@rcrsd.com
- and -
Steve W. Berman, Esq.
Thomas E. Loeser, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
toml@hbsslaw.com
ANTHEM INC: Faces "Pantuso" Suit in Ind. Over Alleged Data Breach
-----------------------------------------------------------------
Anthony Pantuso, individually and on behalf of himself and all
others similarly situated v. Anthem Inc., Case No. 1:15-cv-00181
(S.D. Ind., February 6, 2015), is brought against the Defendant
for failure to provide adequate security and protection for its
computer systems containing patient's personally identifiable
information and personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
Syed Ali Saeed, Esq.
SAEED & LITTLE LLP
1433 N. Meridian Street, Suite 202
Indianapolis, IN 46202
Telephone: (317) 614-5741
Facsimile: (888) 422-3151
E-mail: ali@sllawfirm.com
- and -
Brian P. Murray, Esq.
Lee Albert, Esq.
GLANCY BINKOW & GOLDBERG LLP
122 East 42nd Street, Suite 2920
New York, NY 10168
Telephone: (212) 682-5340
Facsimile: (212) 884-0988
ANTHEM INC: Faces "Powell" Suit in Cal. Over Alleged Data Breach
----------------------------------------------------------------
Susanne Marie Powell, Casey Silva, Brent J. Gearhart, an
individual, on their own behalves and on behalf of all others
similarly situated v. Anthem, Inc., et al., Case No. 2:15-cv-00314
(E.D. Cal., February 6, 2015), is brought against the Defendant
for failure to provide adequate security and protection for its
computer systems containing patient's personally identifiable
information and personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
Clayeo C. Arnold, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL LAW CORPORATION
865 Howe Avenue, Suite 300
Sacramento, CA 95825
Telephone: (916) 924-3100
Facsimile: (916) 924-1829
E-mail: bbitzer@justice4you.com
ANTHEM INC: Faces "Powell" 2nd Suit in Over Alleged Data Breach
---------------------------------------------------------------
Susanne Marie Powell, Casey Silva, Brent J. Gearhart, an
individual, on their own behalves and on behalf of all others
similarly situated v. Anthem, Inc., et al., Case No. 2:15-at-00193
(E.D. Cal., February 6, 2015), is brought against the Defendant
for failure to provide adequate security and protection for its
computer systems containing patient's personally identifiable
information and personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
Clayeo C. Arnold, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL LAW CORPORATION
865 Howe Avenue, Suite 300
Sacramento, CA 95825
Telephone: (916) 924-3100
Facsimile: (916) 924-1829
E-mail: bbitzer@justice4you.com
ANTHEM INC: Faces "Schneider" Suit Over Alleged Data Breach
-----------------------------------------------------------
Alex Schneider and Jr. Frank Pacilio, individually and on behalf
of all others similarly situated v. Anthem, Inc. et al, Docket No.
1:15-cv-00920 (S.D.N.Y., February 9, 2015), is brought against the
Defendant for failure to provide adequate security and protection
for its computer systems containing patient's personally
identifiable information and personal health information.
Anthem Inc. is an Indiana corporation that owns and operates a
managed health care company.
The Plaintiff is represented by:
Clayeo C. Arnold, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL LAW CORPORATION
865 Howe Avenue, Suite 300
Sacramento, CA 95825
Telephone: (916) 924-3100
Facsimile: (916) 924-1829
E-mail: bbitzer@justice4you.com
APPLE INC: April Hearing Set for MacBook Class Action
-----------------------------------------------------
According to MacWorld.co.uk's Ashleigh Allsopp, reports of failing
MacBook Pros have been flooding in since 2013, with many owners of
2011 models with AMD graphics suffering from system crashes and
hardware problems that have been described as "critical".
In August 2014, a petition started last year that urges Apple to
recall the affected MacBook Pro laptops to fix the problem passed
the 10,000-signature mark, and in October 2014 it soared past the
20,000 supporters mark, yet Apple still hasn't addressed the
issue.
As a result of getting 20,000 signatures on the petition, at the
end of October 2014, Apple was hit with a class action lawsuit
about the defect in a California federal court. The lawsuit
claims that the defect in the 2011 MacBook Pro comes from the
lead-free solder that's used to connect one of the processing
chips to the main circuit board in the computer.
According to the complaint, the frequent changes in temperature
that occur while using the MacBook Pro cause the lead-free solder
to crack, which in turn causes the graphics issues as described
above.
A very similar lawsuit has been filed in Canada, against Apple
Canada.
The case is expected to be heard before a judge in early April.
The problem, which first emerged in February last year, has
escalated throughout 2014 as more and more owners of the affected
models begin to experience issues. While playing games, watching
HD video or performing another graphics-intensive task, users have
witnessed their displays distorting, or sometimes going completely
blank. Rebooting the machine temporarily resolves the issue, but
it almost always returns.
Eventually, many users found that their MacBook boots to a blue or
grey screen. Currently, the only permanent resolution is to get a
replacement logic board, but that can prove quite costly without
Apple Care. It's believed that overheating is to blame for the
issue.
Some of the readers who've been in touch have said that Apple has
replaced their 2011 MacBook Pro's logic board thanks to Apple
Care, with some customers even claiming to have had their logic
board replaced multiple times. However, most of those with the
three year's of warranty provided by AppleCare will be approaching
the end of the protection plan, so are understandably concerned
about what will happen once they are no longer covered.
Macworld reached out to Apple for a comment about the situation,
but the company has yet to respond. Customers are keeping their
fingers crossed for a replacement program.
In the past, Apple has offered replacement hard drives for iMacs
containing 1TB Seagate hard drives that have been known to fail,
replacement MagSafe adapters, iBook logic board replacements back
in 2004, and, most recently, a MacBook Air flash storage drive
replacement programme for June 2012 to June 2013 models.
Concerned owners of afflicted MacBooks have even set up a website
on which they've been sharing their photographs, plus a Facebook
page and a petition.
ATLANTIC SPROUT: Recalls Chinese Mung Bean Sprouts
--------------------------------------------------
Starting date: January 23, 2015
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Microbiological - Non harmful
(Quality/Spoilage)
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Atlantic Sprout Farm
Distribution: New Brunswick, Nova Scotia, Newfoundland
and Labrador
Extent of the product
distribution: Retail
CFIA reference number: 9599
BAKER HUGHES: Faces "Blanton" Suit Over Failure to Pay OT Wages
---------------------------------------------------------------
Frank Blanton, on behalf of himself and all others similarly
situated v. Baker Hughes, Incorporated, Case No. 4:15-cv-00365
(S.D. Tex., February 9, 2015), is brought against the Defendants
for failure to pay overtime wages in violation of the Fair Labor
Standard Act.
Baker Hughes, Incorporated own and operate a drilling rig site
Houston, Harris County, Texas.
The Plaintiff is represented by:
Lance Clinton Blankenship, Esq.
KENNARD LAW, P.C.
85 NE Loop 410, Ste 603
San Antonio, TX 78216
Telephone: (210) 341-5688
Facsimile: (210) 341-5687
E-mail: lance.blankenship@kennardlaw.com
BIOMEDICAL SYSTEMS: Faces "Burns" Suit Over Failure to Pay OT
-------------------------------------------------------------
Cynthia Burns, on behalf of herself and those similarly situated
v. Biomedical Systems Corporation, Case No. 4:15-cv-00257 (E.D.
Mo., February 9, 2015), is brought against the Defendant for
failure to pay overtime compensation for work in excess of 40
hours in a workweek.
Biomedical Systems Corporation is a Missouri corporation that
provides centralized diagnostic services to pharmaceutical,
medical device, biotech, and contract research organizations.
The Plaintiff is represented by:
Trent B. Miracle, Esq.
SIMMONS, HANLY CONROY, LLC
One Court Street
Alton, IL 62002
Telephone: (618) 259-2222
Facsimile: (618) 259-2251
E-mail: tmiracle@simmonsfirm.com
- and -
Jesse L. Young, Esq.
Neil B. Pioch, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, Suite 1700
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jyoung@sommerspc.com
npioch@sommerspc.com
- and -
Timothy J. Becker, Esq.
Jacob R. Rusch, Esq.
JOHNSON BECKER, PLLC
33 South Sixth Street, Suite 4530
Minneapolis, MN 55402
Telephone: (612) 436-1800
E-mail: tbecker@johnsonbecker.com
jrusch@johnsonbecker.com
BLACK CAT: Recalls Oatcake Products Due to Undeclared Gluten
------------------------------------------------------------
Starting date: January 15, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Gluten
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Black Cat Confections
Distribution: British Columbia
Extent of the product
distribution: Retail
CFIA reference number: 9515
BROME LAKE: Recalls Canards du Lac Brome Ltee Canada A Whole Duck
-----------------------------------------------------------------
Starting date: January 21, 2015
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Other
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Brome Lake Ducks Ltd.
Distribution: Quebec
Extent of the product
distribution: Retail
CFIA reference number: 9584
CALIFORNIA GIRLS: Fails to Pay Employees OT, "Holland" Suit Says
----------------------------------------------------------------
Valynda Holland, individually and on behalf of all others
similarly situated v. California Girls Gentlemen's Club, and Does
1 to 10, Case No. 8:15-cv-00207 (C.D. Cal., February 6, 2015), is
brought against the Defendants for failure to pay overtime
compensation in violation of the Fair Labor Standard Act.
California Girls Gentlemen's Club owns and operates an adult
entertainment club in Orange County, California.
The Plaintiff is represented by:
Adam Morris Rose, Esq.
LAW OFFICES OF ROBERT STARR
23277 Ventura Blvd
Woodland Hills, CA 91364
Telephone: (818) 225-9040
Facsimile: (818) 225-9042
E-mail: adam@starrlaw.com
CHALLENGE FINANCIAL: April 7 Deadline Set to Join Class Action
--------------------------------------------------------------
Authorized by the Court of Common Pleas for Lorain County, Ohio,
in Case No. 07-CV-153497, The Honorable Christopher R. Rothgery,
Judge, Presiding
A court has authorized this notice. This is not a solicitation
from a lawyer.
If Challenge Financial Investors Corp. or Challenge Mortgage or
CFIC Was Your Mortgage Broker in Any Residential, Non-Business
Mortgage Loan on Ohio Real Property at Any Time from May 2, 2002,
to June 13, 2014, then YOU COULD BE PAID MONEY As a Result of a
Class-Action Lawsuit !
To receive a copy of the Court's approved Class Notice, with what
you have to do to qualify for a Class Member Payment, please
immediately telephone Attorney Thomas Theado at 440-244-4809.
CAUTION: All necessary papers to be submitted to Class Counsel
under the terms of the Class Notice must be postmarked by no later
than April 17, 2015. 1/19, 1/26, 2/2, 2/9
CHESWICK GENERATING: Judge Strikes Down Class Action Allegations
----------------------------------------------------------------
Sam Kusic, writing for Pittsburgh Business Times, reports that a
federal judge has struck down class allegations in a lawsuit
against Cheswick Generating Station.
The plaintiffs in the case, Kristie Bell and Joan Luppe, who live
close to the plant, argue that emissions from the coal-fired plant
were creating a nuisance for themselves and 1,500 others who live
within a one-mile radius of it. They also argued that the plant's
emissions were negligent, even though they are within regulatory
limits. They were seeking class-action status for the lawsuit,
but U.S. District Judge Cathy Bissoon ruled against that, in part
because the plaintiffs inconsistently defined the class to be part
of the lawsuit.
"This ruling proves courts are increasingly willing to force
plaintiffs to precisely define their target class before they can
pressure industry into expensive discovery," said McGuireWoods
partner Scott Oostdyk -- soostdyk@mcguirewoods.com -- lead counsel
for the plant's owner, NRG Energy.
"Class action allegations are often designed to intimidate
businesses into settling as an alternative to the high cost of
electronic and paper discovery required to get to a dispositive
certification hearing," he said.
Judge Bissoon, however, didn't close the door on the case, giving
the plaintiffs until Feb. 5 to propose an amended complaint.
Sam Kusic covers energy for the Pittsburgh Business Times.
CHIQUITA BRANDS: Sued in Cal. Over Illegal Production Methods
-------------------------------------------------------------
Justin Jablonowski, on behalf of himself and all others similarly
situated v. Chiquita Brands, Inc., a New Jersey corporation, Case
No. 3:15-cv-00262 (S.D. Cal., February 9, 2015), arise out of the
Defendants false representations that its bananas are farmed in an
ecologically friendly and otherwise sustainable manner, when in
fact, its production methods contaminate water supplies, destroy
the crops of local communities, and cause illnesses in children.
Chiquita Brands, Inc. is a Delaware corporation and is one of the
world's largest producers and marketers of high quality fresh
fruits and fresh vegetables.
The Plaintiff is represented by:
Steve W. Berman, Esq.
Tyler S. Weaver, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
tyler@hbsslaw.com
- and -
Elaine T. Byszewski, Esq.
Christopher R. Pitoun, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
301 North Lake Avenue, Suite 203
Pasadena, CA 91101
Telephone: (213) 330-7150
Facsimile: (213) 330-7152
E-mail: elaine@hbsslaw.com
christopherp@hbsslaw.com
CHUANG'S COMPANY: Recalls Te Chang Food Bean Curd Products
----------------------------------------------------------
Starting date: January 21, 2015
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Chemical
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Chuang's Company Ltd.
Distribution: British Columbia, Ontario, Quebec
Extent of the product
distribution: Retail
CFIA reference number: 9585
CHURCH AVE: Faces "Palaguachi" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Jose Luis Palaguachi and Josue David Maldonado, individually and
on behalf of others similarly situated v. Church Ave. Car service
Inc., (d/b/a Church Ave. Car Service), Paolo Betancourth, and
Carlos Betancourth, Case No. 1:15-cv-00614 (E.D.N.Y., February 6,
2015), is brought against the Defendants for failure to pay
overtime wages for hours worked in excess of 40 in a workweek.
The Defendants own and operate a car and limousine service located
at 3411 14th Ave, Brooklyn, New York 11218.
The Plaintiff is represented by:
Michael A. Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Ste. 2020
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: faillace@employmentcompliance.com
COSTCO WHOLESALE: Recalls Rader Farms Fresh Start Smoothie Blend
----------------------------------------------------------------
Starting date: January 18, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning
Subcategory: Microbiological - Listeria
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Costco Wholesale Canada Inc.
Distribution: Alberta, British Columbia, Manitoba,
Saskatchewan
Extent of the product
distribution: Retail
CFIA reference number: 9590
Costco Wholesale Canada Inc. is recalling Rader Farms Fresh Start
Smoothie Blend from the marketplace due to possible Listeria
monocytogenes contamination surrounding the spinach and kale
contained in the fruit and veggie blend. Consumers should not
consume the recalled product.
Check to see if you have recalled product in your home. Recalled
product should be thrown out or returned to the store where it was
purchased.
Food contaminated with Listeria monocytogenes may not look or
smell spoiled but can still make you sick. Symptoms can include
vomiting, nausea, persistent fever, muscle aches, severe headache
and neck stiffness. Pregnant women, the elderly and people with
weakened immune systems are particularly at risk. Although
infected pregnant women may experience only mild, flu-like
symptoms, the infection can lead to premature delivery, infection
of the newborn or even stillbirth. In severe cases of illness,
people may die.
There have been no reported illnesses associated with the
consumption of this product.
The recall was triggered by the company. The Canadian Food
Inspection Agency (CFIA) is conducting a food safety
investigation, which may lead to the recall of other products. If
other high-risk products are recalled, the CFIA will notify the
public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
CROSSCOUNTRY MORTGAGE: Sued in Ill. Over Failure to Pay Overtime
----------------------------------------------------------------
Victor Hoffmann, on behalf of himself and all other similarly
situated v. Crosscountry Mortgage, Inc., Case No. 1:15-cv-01237
(N.D. Ill., February 9, 2015), is brought against the Defendant
for failure to pay overtime wages in violation of the Fair Labor
Standard Act.
Crosscountry Mortgage, Inc. is a mortgage lending and refinancing
company in Illinois.
The Plaintiff is represented by:
Terrence Buehler, Esq.
TOUHY, TOUHY & BUEHLER, LLP
55 West Wacker Drive, 14th Floor
Chicago, IL 60601
Telephone: (312) 372-2209
Facsimile: (312) 456-3838
E-mail: tbuehler@touhylaw.com
ECOMAX NUTRITION: Recalls Go Raw Organic Spicy Seed Mix
-------------------------------------------------------
Starting date: January 15, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning
Subcategory: Microbiological - Salmonella
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Ecomax Nutrition
Distribution: National
Extent of the product
distribution: Retail
CFIA reference number: 9589
Ecomax Nutrition is recalling Go Raw brand Organic Spicy Seed Mix
from the marketplace due to possible Salmonella contamination.
Consumers should not consume the recalled product.
Check to see if you have recalled product in your home. Recalled
product should be thrown out or returned to the store where it was
purchased.
Food contaminated with Salmonella may not look or smell spoiled
but can still make you sick. Young children, pregnant women, the
elderly and people with weakened immune systems may contract
serious and sometimes deadly infections. Healthy people may
experience short-term symptoms such as fever, headache, vomiting,
nausea, abdominal cramps and diarrhea. Long-term complications
may include severe arthritis.
There have been no reported illnesses associated with the
consumption of this product.
The recall was triggered by Canadian Food Inspection Agency (CFIA)
test results. The CFIA is conducting a food safety investigation,
which may lead to the recall of other products. If other high-
risk products are recalled, the CFIA will notify the public
through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
FIRST CHOICE: Faces "Lyon" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Nathan W. Lyon, on behalf of himself and others similarly situated
v. First Choice Loan Services, Inc. (A New Jersey Corporation),
and First Choice Bank, Case No. 1:15-cv-00269 (D. Colo., February
9, 2015), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act.
First Choice Loan Services, Inc. is a New Jersey financial
institution that sells financial products to customers including
mortgage products.
First Choice Bank is a commercial bank, with headquarter located
at 669 Whitehead Road, Lawrenceville, New Jersey 08648.
The Plaintiff is represented by:
Brendan John Donelon, Esq.
DONELON, P.C.
420 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 221-7100
Facsimile: (816) 709-1044
E-mail: brendan@donelonpc.com
FRESH FOOD: Faces "Ortiz" Suit Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Daniel Ortiz, individually and on behalf of other employees
similarly situated v. Fresh Food Management, LLC, and David
Grossman, Case No. 1:15-cv-01170 (N.D. Ill., February 6, 2015), is
brought against the Defendants for failure to pay overtime wages
for hours worked in excess of 40 in a workweek.
The Defendants own and operate a food service management company.
The Plaintiff is represented by:
Raisa Alicea, Esq.
CONSUMER LAW GROUP, LLC
6232 N Pulaski Rd, Ste. 200
Chicago, IL 60646
Telephone: (312) 800-1017
E-mail: ralicea@yourclg.com
GENERAL MOTORS: Recalls Corvette Model
--------------------------------------
Starting date: January 22, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety Mfr
System: Suspension
Units affected: 1
Source of recall: Transport Canada
Identification number: 2015023
TC ID number: 2015023
Manufacturer recall
number: 14857
On certain vehicles, the right rear toe link outer ball joint may
not have been properly fastened to the knuckle. This may result
in rear suspension noise, particularly when travelling around
corners or over bumps or potholes. Over time, if the vehicle is
continually operated with this condition, the toe link could
separate from the knuckle, causing sudden vehicle instability and
increasing the risk of a crash causing personal injury or property
damage. Dealers will inspect and replace any damaged parts as
necessary. If no damage is noted, the dealer will reassemble the
toe link with a new fastener and tighten to specification.
Affected products: 2015 Chevrolet Corvette
GRAINERY RESTAURANT: Faces Class Action Over Unpaid Wages
---------------------------------------------------------
COURT OF COMMON PLEAS PHILADELPHIA, PANO. 1408-03277
COMPLAINT IN ARBITRATION
Leonardo Arbelo, Britain Burgos, Ian Burke, William Campbell,
Katie Cloonan, Kaitlyn Ernandes, Laura Gable, Elizabeth Garvey
Dean Griffin, Samantha Grinnan, Alexis Haase, Tyrone High,
Adam Kanter, Charles Leamy, Robert Leyrer, Ross Maloof, Sophia
Martin, Craig Moucha, Andrew Nugent, James Packer, Adriana Perez,
Oscar Perez, Shaun Ruppert, Rigoberto Salas DelGado,
Kevin Scullin, William Sederman, Daniel Simpson, Angela Smith,
Brody Smythe, Brandon Szeker, Matthew Towson, Jessica Tramarin,
Ryan Tulaney, Sydney Wilson, David Winward, Plaintiffs,
vs.
The Grainery Restaurant Group, LLC, Matthew Swartz, Colleen
Swartz, Pete Antipas and Matthew Scheller, Defendants
TO: The Defendants, The Grainery Restaurant Group, LLC, 1111-1113
Walnut Street, Units 1 & 2,Philadelphia, PA 19107 and Matthew
Swartz and Colleen Swartz, 5454 Landis Mill Road, Bethlehem,
PA18015.
TAKE NOTICE THAT Plaintiffs above have filed a COMPLAINT IN
ARBITRATION -- Class Action Suit -- against you, The Defendants.
Plaintiffs claim that they are owed, individually, various sums of
Money with regard to wages earned.
INOVATA FOODS: Recalls Compliments Scrumptious Seafood
------------------------------------------------------
Starting date: January 13, 2015
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Extraneous Material
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Inovata Foods Corp.
Distribution: Alberta, Prince Edward Island,
Manitoba, New Brunswick, Nova Scotia,
Ontario, Saskatchewan, Newfoundland and
Labrador
Extent of the product
distribution: Retail
CFIA reference number: 9556
Affected products: 860 g. Compliments Scrumptious Seafood Pie
JACKCO TRANSNATIONAL: Recalls Jump Starter Set Due to Fire Hazard
-----------------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Jackco Transnational, Inc., of Azusa, California, announced a
voluntary recall of about 5,000 ZETA by Jackco Pocket Jump Starter
- Deluxe Set. Consumers should stop using this product unless
otherwise instructed. It is illegal to resell or attempt to
resell a recalled consumer product.
The battery packs can overheat, split apart and melt the battery
pack's enclosure, posing a fire hazard.
The ZETA by Jackco Pocket Jump Starter - Deluxe Set contains a
battery pack used to jump start vehicles and charge cell phones,
tablets, laptops and other devices. The set comes in a black
canvas case with red trim and a black handle. When closed, the
case measures about 9 inches long by 8.5 inches wide by 3 inches
deep and weighs about 2 pounds. The interior is black with mesh
pockets. ZETA is printed on the front of the case in red and blue
letters. The set includes mini jump clamps, universal cable for
laptop charging, 12V accessory cable and USB cable with adapters.
The battery pack has three Power Ports -- 19 Volt, 12 Volt and 5
Volt -- and can be plugged into an AC wall outlet or a 12-volt car
charger for recharging. The lithium-ion battery pack is white and
6 inches long by 3 inches wide by 1 inch deep. A silver product
label with Model Number ZT50420 printed in black is found on the
backside of the recalled battery pack. Under this product label is
the date code: XM201407XXXXXX, which translates to July 2014, the
date of manufacturing.
Jackco Transnational has received 487 reports of battery failure,
and two reports of a fire resulting in property damage. No
injuries have been reported.
Pictures of the Recalled Products available at:
http://is.gd/ziAfIm.
The recalled products were manufactured in China and sold
Retailers nationwide and at Amazon.com from July 2014 to January
2015 for between $110 and $140.
Consumers should immediately stop using the recalled Pocket Jump
Starter and contact Jackco Transnational for instructions on how
to dispose of the product and how to obtain a refund for the
purchase price. Consumers without a receipt will receive $110.
JPMORGAN CHASE: Settles FX Rigging class Action for $99.5MM
-----------------------------------------------------------
Evan Weinberger, writing for Law360, reports that JPMorgan Chase &
Co. will pay $99.5 million to exit an antitrust class action
alleging the bank was part of a conspiracy to rig the
approximately $5 trillion-per-day foreign exchange market,
according to court documents filed on Jan. 30.
JPMorgan will pay $99 million to a group of pension funds, hedge
funds and other investors plus $500,000 for administering the
settlement fund under the deal and, crucially, has agreed to
cooperate with investors as they press their case against other
global banks named in the suit.
"This crucial first settlement offers victims not just monetary
relief, but cooperation from JPMorgan that will support their
claims against the remaining 11 major banks that entered into the
long-running conspiracy to manipulate the FX market," David R.
Scott, the managing partner of Scott & Scott LLP, said in a
statement.
Scott & Scott attorneys are co-lead counsel for the plaintiffs on
the case, along with lawyers from Hausfeld LLP.
The plaintiffs first notified U.S. District Judge Lorna G.
Schofield of federal district court in Manhattan that they had
reached a settlement with JPMorgan in a Jan. 5 letter, but terms
of the deal were kept confidential. JPMorgan's $99.5 million
payout was revealed in a motion to approve the deal filed on
Jan. 30.
The New York-based bank is the first of the banks targeted in the
class action, which also includes Bank of America Corp., Citigroup
Inc., Goldman Sachs Group Inc., UBS AG and several other global
banking giants. The suit alleges their traders engaged in a
conspiracy to manipulate foreign exchange rates in violation of
U.S. antitrust law.
Other banks may soon have to consider settling after Judge
Schofield denied their motion to dismiss a complaint from U.S.-
based investors alleging market manipulation on Jan. 28.
The judge rejected the banks' claims that the U.S. plaintiffs
failed to bring enough evidence of a potential conspiracy, finding
that the facts laid out in the complaint, including the existence
of chat rooms where traders "congratulated each other on the
manipulation of 'the Fix,'" were enough that discovery and trial
were needed to determine their veracity. "The Fix" is an industry
term for the median price of a widely traded currency 30 seconds
before market close that sets the closing price for the day.
"Even the names the FX traders gave their chat rooms -- such as
'The Cartel,' 'The Bandits' Club' and 'The Mafia' -- support the
inference that the chat rooms were used for anti-competitive
purposes," Schofield wrote.
The plaintiffs, including the Louisiana Municipal Police
Employees' Retirement System, filed their complaint in 2012. They
alleged the banks routinely charged pension funds the worst
possible forex rates when processing transactions on their behalf.
Other plaintiffs filed similar class action complaints. They were
eventually consolidated in New York district court.
Buttressing the plaintiffs' claims were a series of enforcement
actions from U.S. and other regulators resulting in about $4.3
billion in fines against the banks.
In its Jan. 30 settlement, JPMorgan gave the plaintiffs even more
ammunition to go after the remaining bank defendants.
"This settlement is a significant early victory for the class,
especially given the prominence of JPMorgan and their lawyers. We
believe it will assist us in prosecuting this matter to a
successful conclusion," Christopher M. Burke, the head of Scott &
Scott's antitrust practice group, said in a statement.
JPMorgan is represented by Peter E. Greene --
peter.greene@skadden.com -- of Skadden Arps Slate Meagher & Flom
LLP.
The plaintiffs are represented by Michael D. Hausfeld, William
Butterfield, Reena Gambhir, Timothy Kearns, and Nathaniel Giddings
-- ngiddings@hausfeldllp.com -- of Hausfeld LLP and Christopher M.
Burke of Scott & Scott LLP.
The case is In re: Foreign Exchange Benchmark Rates Antitrust
Litigation, case number 1:13-cv-07789, in the U.S. District Court
for the Southern District of New York.
KIA: Recalls Forte Model Due to Defective Cooling Fan Resistor
--------------------------------------------------------------
Starting date: January 16, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety Mfr
System: Electrical
Units affected:
15901
Source of recall: Transport Canada
Identification number: 2015015
TC ID number: 2015015
Manufacturer recall
number: RC093
On certain vehicles, the cooling fan resistor could be defective.
If this occurs; the resistor could overheat and melt creating a
potential risk of fire that could cause injury and/or property
damage. Correction: Dealers will replace the cooling fan resistor
and multi-fuse unit.
Affected products: 2014 KIA
KRISPY KREME: Faces "Robles" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Miguel Robles, Jose Francisco Flaz Deasis, and all others
similarly situated under 29 U.S.C. 216(B) v. Krispy Kreme of South
Florida LLC, a Florida limited liability company, Case No. 0:15-
cv-60261 (S.D. Fla., February 9, 2015), seeks to recover unpaid
overtime wages and damages pursuant to the Fair Labor Standard
Act.
Krispy Kreme of South Florida LLC is a Florida limited liability
company that manufactures frozen bakery products.
The Plaintiff is represented by:
Michael S. Elstein, Esq.
ELSTEIN LAW FIRM
2400 W Cypress Creek Road
Fort Lauderdale, FL 33309
Telephone: (954) 928-0990
Facsimile: 489-2743
E-mail: elsteinlaw@bellsouth.net
- and -
Neil David Kodsi, Esq.
THE LAW OFFICES OF NEIL D. KODSI
Plantation Corporate Center
Two South University Drive, Suite 315
Plantation, FL 33324
Telephone: (786) 464-0841
Facsimile: (954) 790-6722
E-mail: nkodsi@ndkodsilaw.com
KTM NORTH AMERICA: Recalls Off-Road Motorcycles
-----------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
KTM North America Inc., of Amherst, Ohio, announced a voluntary
recall of about 2,864 KTM brand and 457 Husqvarna brand Off-road
motorcycles. Consumers should stop using this product unless
otherwise instructed. It is illegal to resell or attempt to
resell a recalled consumer product.
The front fork pistons can become stuck within the fork leg and
cause the operator to lose control of the motorcycle and crash.
This recall involves model year 2015 KTM brand and Husqvarna brand
Enduro motorcycles with 125cc to 300cc, 2-cycle engines and 250cc
to 450cc, 4-cycle engines.
Recalled KTM motorcycles are orange and black with the KTM logo on
both sides of the shrouds covering the fuel tank. The engine size
is printed on both sides of the rear fender below the rear of the
seat.
Recalled Husqvarna motorcycles are white with blue and yellow
markings. The Husqvarna logo and engine size are on both sides of
the shrouds covering the fuel tank.
Model year 2015 motorcycles will have the letter F in the 10th
position of the vehicle identification number (VIN). The VIN is
located on the right side of the steering head.
No consumer incidents have been reported.
Pictures of the Recalled Products available at:
http://is.gd/qKMGA1.
The recalled products were manufactured in Austria and sold at KTM
and Husqvarna Motorcycles authorized dealers nationwide from June
2014 to October 2014 for between $6,000 and $11,000.
Consumers should immediately stop riding the recalled motorcycles
and schedule an appointment with an authorized KTM or Husqvarna
dealer for a free recall service check. Recalled motorcycles will
be repaired free of charge. KTM is contacting consumers directly.
L & K CONSTRUCTION: Faces "Alberts" Suit Over Failure to Pay OT
---------------------------------------------------------------
Michael Alberts v. L & K Construction, Ltd. and Lee Squire, Case
No. 1:15-cv-00251 (N.D. Ohio, February 9, 2015), is brought
against the Defendants for failure to pay overtime wages for hours
worked in excess of 40 in a workweek.
The Defendants are in the business of transporting construction
aggregate via a fleet of dump trucks.
The Plaintiff is represented by:
Brian D. Spitz, Esq.
SPITZ LAW FIRM
Ste. 290, 4620 Richmond Road
Warrensville Heights, OH 44128
Telephone: (216) 291-4744
Facsimile: (216) 291-5744
E-mail: brian.spitz@spitzlawfirm.com
LA NUEVA: Faces "Garcia" Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Jorge Alberto Reyes Garcia and all others similarly situated under
29 U.S.C. 216(b) v. La Nueva Fe Bakery I, Inc., Jose Parra, Case
No. 1:15-cv-20486 (S.D. Fla., February 9, 2015), is brought
against the Defendants for failure to pay overtime wages for hours
worked in excess of 40 in a workweek.
The Defendants own and operate a bakery in Dade County, Florida.
The Plaintiff is represented by:
Jamie H. Zidell, Esq.
J.H. Zidell, PA
300 71st Street, Suite 605
Miami Beach, FL 33141
Telephone: (305) 865-6766
Facsimile: 865-7167
E-mail: ZABOGADO@AOL.COM
LA ROCCIA: "Pesantez" Suit Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
Jorge Remigio Pesantez, on behalf of himself and others similarly
situated v. La Roccia, Inc., d/b/a Mediterraneo, and Cirino
Letizia, Case No. 7:15-cv-00904 (S.D.N.Y., February 6, 2015),
seeks to recover unpaid overtime compensation, liquidated
damages, prejudgment and post-judgment interest, and attorneys'
fees and costs pursuant Fair Labor Standard Act.
The Defendants own and operate a restaurant located at 75 Cooley
Street, Pleasantville, New York.
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue - 6th Floor
New York, NY 10017
Telephone: (212)209-3933
Facsimile: (212) 209-7102
E-mail: info@jcpclaw.com
LA ROCCIA: "Posentez" Suit Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
Jorge Remigio Pesantez, on behalf of himself and others similarly
situated v. La Roccia, Inc., d/b/a Mediterraneo, and Cirino
Letizia, Case No. 1:15-cv-00904 (S.D.N.Y., February 6, 2015),
seeks to recover unpaid overtime compensation, liquidated
damages, prejudgment and post-judgment interest, and attorneys'
fees and costs pursuant Fair Labor Standard Act.
The Defendants own and operate a restaurant located at 75 Cooley
Street, Pleasantville, New York.
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue - 6th Floor
New York, NY 10017
Telephone: (212)209-3933
Facsimile: (212) 209-7102
E-mail: info@jcpclaw.com
LAWRENCE LIVERMORE: Retirees Get Class Action Opt-Out Notice
------------------------------------------------------------
Janet Armantrout, writing for The Independent, reports that
Lawrence Livermore National Laboratory retirees have started
receiving letters offering them a chance to opt out of the class
action lawsuit that seeks to restore the University of California
health care that was available to them for decades.
Individuals must make their own decisions based on personal
considerations. However, for the great majority, staying with the
class -- not mailing in the opt-out form -- makes sense. There
are no guarantees, but the legal action pursued so doggedly over
the past five years by the UC Livermore Laboratory Retirees Group
has made significant progress and does have a chance to win.
The Independent hopes that most retirees stay the course and stay
involved.
LEARNING CURVE: Expands Recall of VIA I470C Infant Car Seats
------------------------------------------------------------
Starting date: January 21, 2015
Posting date: January 21, 2015
Type of communication: Consumer Product Recall
Subcategory: Children's Products
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public
Identification number: RA-43459
Affected products: Learning Curve VIA I470C model child restraints
The recall involves various Learning Curve VIA I470C infant car
seats with a manufacture date code ranging from April 2011 to
March 2012. The model number, item number, manufacture date code
and the words "Learning Curve" appear on the sticker on the back
of the products. The brand name "The First Years" is found on the
visor of the car seat, while the brand name "Lamaze" is found on
the front of the car seat.
These infant car seats are included in the recall:
Model Number Item Number Brand Name
------------ ----------- ----------
VIA I470C Y11228C The First Years VIA Infant Car
Seat - 1470C
VIA I470C Y11248C The First Years T230 c Wisp
Elegance
VIA I470C Y11272C Lamaze LaMAZE Indigo Travel System
VIA I470C Y11282C Lamaze LaMAZE Indigo Travel System
VIA I470C Y11289C Lamaze LaMAZE Indigo VIA Infant
Car Seat
Note that only the VIA I470C model car seats are being recalled
for the travel systems; the strollers are not affected.
Testing by Transport Canada's compliance program has revealed that
these products do not meet current head and chest injury limits.
These regulatory limits help ensure the safety of the child in the
restraint system. Additionally, it was found during a simulated
crash test the adjustable recline foot might not remain in its
installed position which might introduce slack in the vehicle seat
belt or Universal Anchorage System (UAS) belt. In the event of a
secondary collision, theoretically the loose seat could increase
the risk of injury to the infant in the car seat or other people
in the vehicle.
Neither Learning Curve nor Health Canada has received any reports
of consumer incidents or injuries related to the use of these
child restraints in Canada.
Approximately 6,117 of the recalled products were sold in Canada
by various retailers.
The recalled products were manufactured in China and sold from
June 2011 to March 2014.
Companies:
Distributor Learning Curve Brands Inc.
Dyersville
Iowa
United States
Consumers should immediately stop using the recalled child
restraints and dispose of the car seats as per municipal
guidelines, and in such a way that the product could no longer be
used.
LFN RESTAURANT: Faces "Castillo" Suit Over Failure to Pay OT
------------------------------------------------------------
Federico Guzman Castillo, on behalf of others similarly situated
v. L.F.N. Restaurant, Inc. d/b/a Nanni's Restaurant, Silvo Sclano,
Vittorio Miriel, Sabrina Miriel, and Filippo Carnevale, Case No.
1:15-cv-00930 (S.D.N.Y., February 9, 2015), is brought against the
Defendants for failure to pay overtime compensation for work in
excess of 40 hours in a workweek.
The Defendants own and operate a restaurant located at 146 East
46th Street, New York, New York 10017.
The Plaintiff is represented by:
Michael Antonio Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2020
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: faillace@employmentcompliance.com
LYFT: California Likely to Favor Drivers, Judge Says
----------------------------------------------------
Dan Levine, writing for Reuters, reports that a U.S. judge on
Jan. 29 said it was "very difficult" to decide whether drivers for
smartphone-enabled car service Lyft are employees or independent
contractors, but that California law appears to favor the drivers.
Lyft and larger rival Uber face separate lawsuits seeking class
action status in San Francisco federal court, brought on behalf of
drivers who contend they are employees and entitled to
reimbursement for expenses including gas and vehicle maintenance.
The drivers currently pay those costs themselves.
A ruling against either company could significantly raise their
costs beyond the lawsuits' scope and force them to pay social
security, workers' compensation, and unemployment insurance. That
could affect the valuations for other startups that rely on large
networks of individuals to provide rides, clean houses and the
like.
At a hearing on the Lyft lawsuit on Jan. 29, U.S. District Judge
Vince Chhabria said he was "scratching my head" because
traditional employment categories are "woefully outdated" when
applied to companies like Lyft.
However, Judge Chhabria said California legal precedents "point
pretty strongly in the direction" that "people who do the kinds of
things that Lyft drivers do here are employees."
Judge Chhabria did not rule from the bench. A hearing on the same
issue involving Uber was set to take place on Jan. 30 before a
different judge.
Uber has raised more than $4 billion from prominent venture
capital firms such as Benchmark and Google Ventures, valuing the
company at $40 billion and making it the most valuable U.S.
startup. Lyft has raised $331 million from Andreessen Horowitz,
Founders Fund and other investors.
The drivers have not yet specified how much money they are seeking
in damages.
Drivers argue they should be considered employees because Uber and
Lyft can hire and fire them and require them to accept a certain
percentage of rides, and to pass background checks.
"They're there to further Lyft's mission," said Matthew Carlson,
an attorney for the drivers.
Uber and Lyft counter that drivers control their own schedules,
are not assigned a territory, and are not supplied with any
equipment apart from an iPhone and a sign.
"Lyft's business is to maintain an on-line platform, making it
possible for riders and drivers to freely arrange transportation
by automobile with other members of the community," the company
wrote in a court filing.
M&M TWINS: Recalls MD Mature Jak Curry Due to Undeclared Mustard
----------------------------------------------------------------
Starting date: January 14, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Mustard
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: M&M Twins Limited
Distribution: Alberta, British Columbia, Ontario
Extent of the product
distribution: Retail
CFIA reference number: 9581
Affected products: 565 g. MD Mature Jak Curry with all codes where
mustard does not appear on the label
M&M TWINS: Recalls MD Mango Nectar Due to Undeclared Sulphites
--------------------------------------------------------------
Starting date: January 16, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Sulphites
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: M&M Twins Limited
Distribution: Ontario
Extent of the product
distribution: Retail
CFIA reference number: 9597
Affected products: 200 ml. MD Mango Nectar
DATE OF MANUFACTURE: 15/10/2014
BEST BEFORE: 14/10/2016
BATCH NUMBER: A19151001/ 4 792098 218387
MACK: Recalls CXU, CHU and GU Models
------------------------------------
Starting date: January 16, 2015
Type of communication: Recall
Subcategory: Truck - Med. & H.D.
Notification type: Safety Mfr
System: Electrical
Units affected: 32
Source of recall: Transport Canada
Identification number: 2015017
TC ID number: 2015017
Manufacturer recall
number: SC0386
On certain model vehicles outfitted with an Automatic Over-Speed
Protection system, the system may be incorrectly wired. This
presents a potential risk as the operator may not be able to
control an unintended increase in the engine RPM if combustible
vapors enter through the air intake. If this occurs, it could
increase the risk of an engine fire that may cause injury and/or
property damage.
Dealers will inspect and repair accordingly.
Affected products:
Maker Model Model year(s) affected
----- ----- ----------------------
MACK CXU 2015
MACK CHU 2015
MACK GU 2015
MAVERICK ENTERPRISES: Sued Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Amie Shoop, on behalf of herself and those similarity situated v.
Maverick Enterprises Inc. d/b/a Grease Monkey, Granger Motor
Corp., and Cutshaw Automotive Services, Inc., d/b/a Cutshaw Auto
Sales, Case No. 3:15-cv-00074 (E.D. Va., February 9, 2015), is
brought against the Defendants for failure to pay overtime wages
in violation of the Fair Labor Standard Act.
The Defendants own and operate Grease Monkey oil change franchises
in the Richmond, Virginia.
The Plaintiff is represented by:
Cindra Myers Dowd, Esq.
Richard James Serpe, Esq.
LAW OFFICES OF RICHARD J. SERPE, P. C.
580 E Main St, Suite 310
Norfolk, VA 23510
Telephone: (757) 233-0009
Facsimile: (757) 233-0455
E-mail: cdowd@serpefirm.com
rserpe@serpefirm.com
MEADOWBROOK INSURANCE: Faces "Klein " Suit Over Company Sale
------------------------------------------------------------
Gabby Klein and David Raul, individually and on behalf of all
others similarly situated v. Robert S. Cubbin, Robert H.
Naftaly, Robert F. Fix, Douglas A. Gaudet, Jeffrey A. Maffett,
Bruce E. Thal, Florine Mark, Robert W. Sturgis, Herbert Tyner,
Fosun International Limited, Meadowbrook Insurance Group, Inc.,
Miracle Nova II (US), LLC, and Miracle Nova III (US), Inc., Case
No. 2:15-cv-10497 (E.D. Mich., February 6, 2015), is brought
against the Defendants for violation of their fiduciary duties,
specifically by, agreed to the Proposed sale of the company to
Fosun International Limited for inadequate consideration, failing
to properly value the company and by agreeing to preclusive deal
protection devices that inhibits other bidders from coming forward
with a superior offer.
Meadowbrook Insurance Group, Inc. is a Michigan corporation that
owns and operates insurance agencies. It maintains its principal
executive offices at 26255 American Drive, Southfield,
Michigan 48034.
Fosun International Limited is a Chinese corporation headquartered
in Shanghai and incorporated in Hong Kong. It has four business
engines comprising of insurance, industrial operations,
investment, and asset management.
Miracle Nova II (US), LLC and Miracle Nova III (US), Inc. are
Delaware corporations wholly owned by Fosun International Limited.
The Individual Defendants are officers and directors of
Meadowbrook Insurance Group, Inc.
The Plaintiff is represented by:
Paul F. Novak, Esq.
Diana Gjonaj, Esq.
MILBERG LLP
One Kennedy Square
777 Woodward Avenu, Suite 890
Detroit, MI 48226
Telephone: (313) 309-1760
Facsimile: (313) 447-2038
E-mail: pnovak@milberg.com
dgjonaj@milberg.com
- and -
Lance C. Young, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
- and -
Gustavo F. Bruckner, Esq.
Samuel J. Adams, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
- and -
Donald J. Enright, Esq.
LEVI & KORSINSKY LLP
1101 30th Street, N.W., Suite 115
Washington, DC 20007
Telephone: (202) 524-4290
MEADOWBROOK INSURANCE: Faces "Klein" 2nd Suit Over Company Sale
---------------------------------------------------------------
Gabby Klein and David Raul, individually and on behalf of all
others similarly situated v. Robert S. Cubbin, Robert H.
Naftaly, Robert F. Fix, Douglas A. Gaudet, Jeffrey A. Maffett,
Bruce E. Thal, Florine Mark, Robert W. Sturgis, Herbert Tyner,
Fosun International Limited, Meadowbrook Insurance Group, Inc.,
Miracle Nova II (US), LLC, and Miracle Nova III (US), Inc., Case
No. 5:15-cv-10497 (E.D. Mich., February 6, 2015), is brought
against the Defendants for violation of their fiduciary duties,
specifically by, agreed to the Proposed sale of the company to
Fosun International Limited for inadequate consideration, failing
to properly value the company and by agreeing to preclusive deal
protection devices that inhibits other bidders from coming forward
with a superior offer.
Meadowbrook Insurance Group, Inc. is a Michigan corporation that
owns and operates insurance agencies. It maintains its principal
executive offices at 26255 American Drive, Southfield,
Michigan 48034.
Fosun International Limited is a Chinese corporation headquartered
in Shanghai and incorporated in Hong Kong. It has four business
engines comprising of insurance, industrial operations,
investment, and asset management.
Miracle Nova II (US), LLC and Miracle Nova III (US), Inc. are
Delaware corporations wholly owned by Fosun International Limited.
The Individual Defendants are officers and directors of
Meadowbrook Insurance Group, Inc.
The Plaintiff is represented by:
Paul F. Novak, Esq.
Diana Gjonaj, Esq.
MILBERG LLP
One Kennedy Square
777 Woodward Avenu, Suite 890
Detroit, MI 48226
Telephone: (313) 309-1760
Facsimile: (313) 447-2038
E-mail: pnovak@milberg.com
dgjonaj@milberg.com
- and -
Lance C. Young, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
- and -
Gustavo F. Bruckner, Esq.
Samuel J. Adams, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
- and -
Donald J. Enright, Esq.
LEVI & KORSINSKY LLP
1101 30th Street, N.W., Suite 115
Washington, DC 20007
Telephone: (202) 524-4290
MIRACLE WORKERS: Faces "Robinson" Suit Over Failure to Pay OT
-------------------------------------------------------------
Bernice Robinson v. Miracle Workers, Inc., and Bonnie Jean Fraley,
Case No. 2:15-cv-00224 (D. Or., February 9, 2015), is brought
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standard Act.
The Defendants own and operate a house cleaning service company
located at 2072 Rogue River Highway, Grants Pass, OR 97527.
The Plaintiff is represented by:
Robert K. Meyer, Esq.
ROBERT K. MEYER, ATTORNEY AT LAW, P.C.
888 SW Fifth Ave., Suite 650
Portland, OR 97204
Telephone: (503) 459-4010
Facsimile: (503) 274-1214
E-mail: robert@robertmeyerlaw.com
MONTEREY COUNTY, CA: Inmates' Suit Obtains Class-Action Status
--------------------------------------------------------------
Allison Gatlin, writing for The Salinas Californian, reports that
Salinas inmates embroiled in a two-year legal battle against their
jailers scored a win on Jan. 29 when a federal judge granted their
lawsuit class-action status.
U.S. Magistrate Judge Paul Grewal delivered his opinion in a 50-
page document that outlined the dangers inmates face from
allegedly inadequate medical and mental health care as well as the
threat of violence from fellow inmates.
Representatives of the defendants -- Monterey County, the Monterey
County Sheriff's Office and Californian Forensic Medical Group --
however, argued the certification doesn't mean the plaintiffs'
claims are true.
San Francisco-based Rosen Bien Galvan and Grunfeld LLP brought the
suit in May 2013 on the behalf of an initial five inmates, who
sued for better medical and mental health care and protection from
violence. Now, there are 21 named inmates and an entire class
including all current and future Monterey County Jail inmates.
Judge Grewal also certified disabled inmates as a sub-class to the
lawsuit.
To reach his decision, Judge Grewal said he relied on four neutral
expert reports, evaluations from 2007 and 2011, and declarations
by plaintiff experts and witnesses.
Specifically, the inmates allege "a variety of jail policies and
practices 'fail to keep [inmates] safe from violence, to deliver
adequate medical and mental health care or to provide required
assistance to [inmates] with disabilities," according to Judge
Grewal's order.
In 2007 and 2011, reports commissioned by Monterey County reached
the same conclusion, Judge Grewal said.
"The current combination of insufficient beds, an inadequate
detention facility and under-staffing has resulted in an almost
untenable situation," according to the reports.
The judge also denied the defendants' motion to toss out one
expert's damning testimony.
The inmates are seeking injunctive relief to what they say are
system-wide deficiencies in the jail. That relief would force
jail staff, by court order, to make wide systemic changes in
policy to protect inmates.
Complicating matters is the impact of realignment, per the 2011
Assembly Bill 109, which calls for "low-risk" prisoners to be
detained in county jails. Experts say the effort has decreased
state prison populations, which California was under court order
to do. Scott Miller, former Monterey County sheriff, earlier said
realignment has increased the jail population significantly.
Monterey County Sheriff Steve Bernal, who was elected late last
year, didn't immediately return a call for comment on Jan. 30, but
is quoted in a written statement from the Monterey County
Counsel's office.
Sheriff Bernal, within the statement, mentions an $89 million jail
expansion currently in the works. Like Mr. Miller, Sheriff Bernal
said the modifications will ameliorate many of the problems within
the dilapidated facility.
"This money represents the tremendous commitment the County of
Monterey has toward improving its jail facilities and another
significant step in the continuum of improvements being made at
the jail," Sheriff Bernal said.
Overpopulation and under-staffing aren't new problems for the
Monterey County Jail. In September, the Monterey County Board of
Supervisors approved a $3.03 million funding request to improve
realignment conditions at the jail. Per the request, Miller was
authorized to hire 11 new deputies -- 10 of which would be
stationed at the jail.
The provision included a $1.35 million increase to California
Forensic Medical Group's contract to hire more medical
professionals for the jail.
But, it's still not enough, Judge Grewal said. He cited alleged
sundry incidents in the jail involving weapons, inadequate sick-
call procedure, medication failures and non-compliance with the
Americans with Disabilities Act.
One inmate so feared the "rubber room," he was hesitant to express
his true propensity for suicide to jail staff, Judge Grewal wrote,
citing plaintiffs' claims. A rubberized room contains no features
within except a grate in the floor for bodily fluids. Another
inmate, who wasn't provided a needed cane, slept on the floor
because he couldn't reach his third-level bunk, Judge Grewal
noted.
Yet another said she hadn't been outside since mid-December 2013
because, due to multiple sclerosis, she can't walk up the stairs
to the exercise room.
Even jail administrators, the former sheriff and California
Forensic Medical Group staff have conceded the deep impact of
overcrowding at the facility, Judge Grewal wrote.
To establish class certification, the plaintiffs had to be
numerous and show common grievances and typical defense claims.
They also had to demonstrate attorneys can provide adequate legal
protection for the entire class.
Not every inmate claim needs to be identical, Judge Grewal wrote.
The important point is each member of the class is at risk of
serious harm or death due to the systemic failures of the jail.
"While results of exposure may vary, ranging from no harm to
death, each inmate suffers the same constitutional or statutory
injury when exposed to a policy or practice that creates a
substantial risk of serious harm," Judge Grewal wrote.
Even inmates who aren't being treated currently for a medical or
mental health issue are at risk for harm, he wrote.
"They are that system's next potential victims," he said.
Peter Bertling, an attorney representing CFMG, emphasized that
just because he granted class certification doesn't mean Judge
Grewal agrees with the plaintiffs' claims.
"What the judge is simply going to be focusing on is whether our
policies and procedures for medical and mental health care subject
the inmates to the risk of potential harm," Mr. Bertling said.
Dr. Mike Puisis, one of the agreed-upon experts, claimed CFMG
staffing on any given day at the jail is 40 to 70 percent under
necessary requirements. Mr. Bertling called that claim
"ludicrous." In fact, CFMG bolstered staffing at the jail long
before the September 2014 boost to the contract with Monterey
County.
"We had been increasing our staffing and CFMG had been burying the
cost of that staffing even before the county approved it (the
contract increase)," Mr. Bertling said.
Class certification doesn't complicate defending the lawsuit,
Mr. Bertling said. Judge Grewal still has one decisive question
to ask.
"What he essentially said at the end of the decision was it's
either a yes or no," Mr. Bertling said. "Do we have under-
staffing? . . . If it's no, then there will be no change. If
it's yes, then he'll determine the nature and extent of that
under-staffing and what needs to be done to fix it."
Mr. Bertling didn't know off hand how many staff members CFMG
stations at the jail each day nor how many inmates receive
treatment on a daily basis.
"That's certainly something the judge will focus on," he said.
Susan Blitch, of the County Counsel's office, echoed Mr.
Bertling's comments.
"The court took a procedural step of granting class
certification," she said in a written statement. "This decision,
however, is not a determination of the validity of the plaintiffs'
claims in this case."
Monterey County has offered, from the beginning, to include the
plaintiffs' counsel in examining potential improvements at the
jail.
"Plaintiffs' counsel has chosen to force the county to spend
extensive resources on litigation rather than work
collaboratively," Ms. Blitch said. "It is plaintiffs' counsel's
choice to proceed with litigation but it is an unfortunate one."
NAT'L FOOTBALL: Appeals Painkiller Class Action Dismissal
---------------------------------------------------------
Dave Rice, writing for San Diego Reader, reports that former
San Diego Charger Pro Bowl player and current ESPN personality
Marcellus Wiley plus a handful of other former NFL players are
appealing a federal court judge's decision to toss out their
class-action lawsuit claiming that their respective teams
overloaded them on painkillers in order to mask serious injuries
and speed their return to the field.
Mr. Wiley, who spent three years of his ten-year career in
San Diego, told ESPN last June that he took "multiple injections"
in order to "cope with an injury that then-San Diego team
physician Dr. David Chao diagnosed as a severe groin sprain."
A later analysis by an outside doctor determined mr. Wiley had
suffered a torn abdominal wall, a more severe injury requiring
surgery. Dr. Chao continued on as the Chargers' official doctor
until stepping down in 2013 in the face of a complaint regarding
his practice from the NFL Players Association, a charge for which
he was eventually cleared by an independent panel.
"You can't walk into a doctor's office and say, 'Give me this,
give me that, just to get through the day.' Somebody would shut
the place down," Mr. Wiley said in his ESPN interview. "But
that's what was going on in the NFL."
The suit was thrown out in December by U.S. district judge William
Alsup, who said the issue should be settled through arbitration as
specified by the collective bargaining agreement in place during
the players' careers.
"The tortious conduct as alleged in the second amended complaint
is not something that is subject to a CBA under any
circumstances," countered Steven Silverman, an attorney
representing the class who is appealing the dismissal.
Although several other plaintiffs in the suit are also parties to
the higher-profile case involving concussions in the NFL, Wiley is
not, and says he only joined the painkiller complaint after
suffering partial renal failure last year despite not having any
prior history of kidney issues. He believes the condition is
related to the drugs doled out during his playing years.
"I'm not a medical doctor," the ESPN interview continues, "but I
did take the word of a medical doctor who took an oath to get me
through not just one game, or one season, but a lifetime."
NOW FOODS: Vitamin C Bottles Half-Full, Class Action Claims
-----------------------------------------------------------
Legal Newsline reports that a class action suit filed on Jan. 21
alleged a supplement manufacturer deceived customers by only
filling one of its products halfway, but still charging a premium
price.
Zabrina Collazo filed the lawsuit against Now Foods over its Now
Vitamin C supplement. The lawsuit alleged the three-pound
container of the product is only approximately half-full of the
supplement.
The product is packaged in a white container approximately 8.6
inches high and 4.75 inches in diameter, but the supplement inside
allegedly only fills approximately 4.4 inches from the bottom of
the bottle.
Ms. Collazo purchased the product in New York City for $59.99
within the last year and believed the entire volume would be
filled with the supplement.
The lawsuit said the product costs $1.25 per ounce, but lists
other Vitamin C supplements that cost 68 to 94 cents per ounce.
Since the container is only approximately half-full, Ms. Collazo
alleged anyone who bought the product is owed $29.39 for each
container purchased.
The lawsuit seeks class status and more than $5 million in
damages, plus court costs. Ms. Collazo is represented by C.K. Lee
of Lee Litigation Group in New York City.
United States District Court for the Eastern District of New York
case number 1:15-cv-00328.
OAKLAND RAIDERS: Bill Introduced after Cheerleader Class Action
---------------------------------------------------------------
Claire Zillman, writing for Fortune, reports that a California
lawmaker introduced a bill to protect the rights of women.
On Jan. 29, Assemblywoman Lorena Gonzalez, a Democrat from San
Diego, announced a bill that would consider cheerleaders as
employees under California law and require professional sports
teams in the state to grant them the same rights as other
employees. The legislation aims to protect cheerleaders from
workplace violations, like unpaid overtime and having to pay for
work expenses with their own funds.
"If the guy selling you the beer deserves a minimum wage, so does
the woman entertaining you on the field," Ms. Gonzalez, a former
Stanford University cheerleader, said. "All work is dignified and
cheerleaders deserve the respect of these basic workplace
protections."
The bill comes in the wake of a landmark class action wage theft
lawsuit filed by two former Raiderettes against the Oakland
Raiders, which highlighted alleged workplace abuses that
professional cheerleaders endure. In September, the Raiders paid
$1.25 million to settle the lawsuit, which claimed that the
Raiderettes were paid a lump sum of $1,250 at the end of the
season for their work, amounting to as little as $5 per hour. The
lawsuit also said that cheerleaders were not paid for all the
hours they worked and were forced to pay for job-related expenses
out of their own pockets. With the settlement, the Raiders
started paying its cheerleaders California's minimum wage: $9 per
hour.
NFL cheerleaders have also sued the Buffalo Bills, Cincinnati
Bengals, New York Jets, and the Tampa Bay Buccaneers for minimum
wage violations.
The NFL, which was named as a defendant in a second cheerleader
wage suit against the Raiders, has maintained that cheerleader pay
is a "team matter."
OMEGA FOOD: Recalls Olza Prince Polo Wafer Products
---------------------------------------------------
Starting date: January 21, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Omega Food Importers Co. Ltd.
Distribution: Alberta, British Columbia, Manitoba,
Ontario
Extent of the product
distribution: Retail
CFIA reference number: 9586
OTTAWA: Faces Suit Over Indian Residential School Settlement
------------------------------------------------------------
Bonnie Allen, writing for for CBC News, reports that the federal
government has filed a $25-million statement of claim accusing
Tony Merchant's law firm of overbilling for legal services and
falsifying documents to cover it up, in a scheme to defraud
Canada.
The civil suit, filed in the Court of Queen's Bench for
Saskatchewan, claims the Merchant Law Group should repay $25
million, plus interest, and cover the costs incurred by taxpayers
in an eight-year legal battle.
"The government is taking legal action to recover public money
that was paid to this firm as a result of serious
misrepresentations," a Department of Justice spokesperson told CBC
News in an email.
Allegations not proven
None of these allegations have been proven in court.
In an emailed statement to CBC News, the Merchant law firm said
that it "denies that any of the government's concocted allegations
have merit or any basis in reality." Merchant has 20 days to file
a statement of defense.
Under the Indian Residential Schools Settlement Agreement, $1.9
billion was set aside for all former residents of the schools.
On Jan. 30, the Merchant Law Group said it had also filed a
lawsuit against the federal government.
'A scheme to deceive and defraud Canada.'
Accusation against Merchant Law Group in court documents'
Merchant, who is husband of Liberal Senator Pana Merchant, is
known as the king of class action lawsuits in Canada.
In 2005, the Regina lawyer was expecting his law firm to rake in
roughly $80 million for legal services on residential school
claims.
The federal government approved a multibillion-dollar settlement
agreement. A chunk would go to law firms, including the Merchant
Law Group, while former students received a common experience
payment of, on average, $24,000.
In 2005, Mr. Merchant presented his stake to former Supreme Court
justice Frank Iacobucci, the man in charge of the residential
school agreement. Mr. Merchant claimed his law firm was owed $80
million for legal services to represent more than 7,000 former
residential school students. However, Justice Iacobucci was not
satisfied that Merchant had documentation to support that claim.
Eventually, Ottawa and Merchant struck a deal to have a forensic
accountant examine the firm's files and billing system, but
Merchant later claimed it was a violation of solicitor-client
privilege.
In August 2008, a court decision forced the federal government to
pay $25 million to the Merchant Law Group in application of a
previous agreement.
But that wasn't the end of it.
In December 2009, the Court of Queen's Bench in Saskatchewan ruled
the Merchant Law Group must provide Ottawa with an extract of its
electronic billing records, without client names or personal
information.
Since then, the law firm has submitted various versions of its
records, always deemed unacceptable by the government.
57,000 entries questioned
According to this statement of claim, Merchant at one point
acknowledged that 57,000 entries in its records were
"misdescribed" or would not be billed for.
Now, the attorney general claims an audit by Deloitte, completed a
year ago, revealed Merchant's records are full of "illegitimate
time entries and excessive disbursement records."
Among other things, the civil suit alleges that the Merchant Law
Group:
Falsely and intentionally represented that it incurred more
unbilled time in relation to residential school cases than it did.
Falsely and intentionally created and modified illegitimate time
entries and records "as part of a scheme to deceive and defraud
Canada."
Submitted false claims that prompted Canada to pay millions of
dollars in legal fees and disbursement for which the law firm was
not entitled.
As to why this was being pursued as a civil case, rather than
criminal, the Department of Justice spokesperson said, "The
attorney general of Canada reviewed the details of the report and
is taking the most appropriate corrective actions."
Merchant files lawsuit
In a letter to CBC, Donald Outerbridge, executive director of
Merchant Law Group, wrote "the government claim filed on January
27 is simply a regurgitation of a position they have been putting
forward to judges since 2007."
It claims the government still owes Merchant Law Group fees under
the Indian Residential School Settlement and is presenting "old
arguments in a new legal maneuver."
Calling the government's claim "not acceptable in the Canadian
court system" Mr. Outerbridge said it has "launched a new lawsuit
against the federal government to receive the further $15 million
fee and disbursements that are still owing."
PERFORMANT TECHNOLOGIES: Has Made Unsolicited Calls, Suit Says
--------------------------------------------------------------
Ben Baker, individually and on behalf of all others similarly
situated v. Performant Technologies, Inc., Case No. 2:15-cv-00076
(M.D. Fla., February 9, 2015), seeks to stop the Defendant's
illegal practice of calling consumer's cellular telephone number
using an automatic telephone dialing system and artificial
prerecorded voice.
Performant Technologies, Inc. is an account receivable management
company in Livermore, California.
The Plaintiff is represented by:
Benjamin Hans Crumley, Esq.
CRUMLEY & WOLFE, PA
2254 Riverside Ave
Jacksonville, FL 32204
Telephone: (904) 374-0111
Facsimile: (904) 374-0113
E-mail: ben@cwbfl.com
PF CHANG: Sued Over Extra Charges on Gluten-Free Dishes
-------------------------------------------------------
Legal Newsline reports that a California woman recently filed a
lawsuit charging a restaurant chain with discrimination and
violation of the Americans with Disabilities Act
Anna Marie Phillips sued P.F. Chang's China Bistro, Inc.,
headquartered in Scottsdale, Ariz., on Dec. 9 in Santa Clara
County Superior Court. It asserts that the restaurant violates
civil and disability rights by forcing gluten-free diners to pay
higher prices.
Although P.F. Chang's well-publicized gluten-free menu charges one
additional dollar per item, it doesn't add surcharges for
accommodations on its regular menu items, the complaint says. The
class action suit states that because a gluten-free diet is
medically necessary for individuals with celiac disease, gluten-
free patrons have no choice but to order at the higher price.
Surcharges for gluten-free items are claimed to occur even where
the items at issue may naturally be gluten free, such as vegetable
dishes, the complaint says.
Asserting arbitrary and unequal treatment, the plaintiff contends
that P.F. Chang's discriminates against consumers with celiac
disease and gluten intolerance; and that by adding a surcharge,
violates the Americans with Disabilities Act.
Phillips brings suit on behalf of persons with celiac disease or
gluten intolerance who ordered items from P.F. Chang's gluten-free
menu in California within four years prior to the suit.
According to papers filed, the number of class members has been
calculated to be more than 3,000. P.F. Chang's operates 204
restaurants in 39 states, with eight in Northern California.
The plaintiff seeks an injunction against further surcharges;
restitution for the surcharges paid for gluten-free items; civil
penalties; compensatory damages; and punitive damages.
Ms. Phillips is represented by Anthony J. Orshansky and Justin
Kachadoorian of Counselone, P.C. in Beverly Hills, Calif. The
defendant is represented by Jon P. Karbassakis and Michael K.
Grimaldi of Lewis Brisbois Bisgaard & Smith LLP, of Los Angeles.
The defendant removed the case to U.S. District Court for the
Northern District of California on Jan. 23.
U.S. District Court for the Northern District of California case
number 5:15-cv-00344
POLEMIS GROCERY: Fails to Pay Employees Overtime, Action Claims
---------------------------------------------------------------
Guadalupe Alvarado and Leandro Flores, on behalf of others
similarly situated v. Polemis Grocery Corporation d/b/a Open
Pantry, Timmy Pappas, Themis Papagiannapoulos, Maria Mihas, and
Phemie Papagiannopoulos, Case No. 1:15-cv-00929 (S.D.N.Y.,
February 9, 2015), is brought against the Defendants for failure
to pay overtime wages for work in excess of 40 hours per week.
The Defendants own and operate a coffee and tea shop located at
184 2nd Avenue, New York, NY 10003.
The Plaintiff is represented by:
Michael Antonio Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2020
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: faillace@employmentcompliance.com
PORSCHE: Recalls 78 Cayenne S Hybrid Cars
-----------------------------------------
Starting date: January 16, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety Mfr
System: Fuel Supply
Units affected: 78
Source of recall: Transport Canada
Identification number: 2015016
TC ID number: 2015016
Manufacturer recall
number: AF03
On certain vehicles, the fuel rail may leak fuel in the engine
compartment under certain driving conditions. Leaking fuel in the
presence of an ignition source could lead to a fire causing injury
and/or damage to property. Correction: Dealers will replace the
fuel rail and corresponding seals.
Affected products: 2011 Porsche Cayenne S Hybrid
PRODIGY GROUP: Recalls Aluminum Hubs Due to Injury Hazard
---------------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Prodigy Group, Mooresville, Ind., announced a voluntary recall of
about 12,000 Zipp 88 aluminum hubs for bicycle wheels. Consumers
should stop using this product unless otherwise instructed. It is
illegal to resell or attempt to resell a recalled consumer
product.
The hub flange ring on the front hub can fail posing a crash and
injury hazard.
The aluminum hub shell is silver. The outside flange ring is gray
aluminum in the standard option and blue, gold, gray, pink or red
in the ZedTech options. The diameter of the two clinch nuts is
approximately 1 inch. The first version of the 88 hub is the only
one affected by the recall. The first version has the Z logo on
the flange ring. The other versions -- not affected by this recall
-- do not have the Z logo on the flange ring. The hubs were sold
in five bike brands and sold separately.
Brand Models
----- ------
Specialized 2010 TARMAC S Works Super Light
2010 SWorks Transition
2011 SWorks Tarmac SL3 Limited
Giant 2009 TCR Advance SL 0
2009 Trinity Advance SL 0
2010 TCR Advance SL 0
2010 Trinity Advance SL 0
Felt 2009 AR Team Issue
2009 DA
2009 B2 Pro
2010 DA
2010 DA Di2
2010 B2 Pro
Orbea 2010 Orca RED
2010 Orca Di2
2011 Orca GRD
2011 Ordu GDi2
2011 Ordu GLT
Cannondale 2010 Super Six Hi Mod Di2
2010 Slice Hi Mod Ultimate
The company reports two incidents of collapsed front wheels. Both
resulted in stitches, bruises and lacerations, plus a concussion
in one case.
Pictures of the Recalled Products available at:
http://is.gd/KUYLbt.
The recalled products were manufactured in China and sold at
Specialty bicycle retailers nationwide. Front hub sold for about
$215; front wheel with the hub sold for about $920; front and rear
wheel set sold for about $2300 and bicycles with the wheel set
containing the recalled hub sold for about $5,000 to $12,000.
Items were sold between October 2008 and December 2010.
Consumers should immediately stop using bicycles equipped with the
recalled Zipp 88 front hub and contact SRAM for a free replacement
hub.
PROVIDER PLUS: "Volz" Suit Seeks Unpaid Overtime Wages
------------------------------------------------------
Doug Volz, on his own behalf and on behalf of all those similarly
situated v. Provider Plus, Inc., and Jeff Serafin, Case No. 4:15-
cv-00256 (E.D. Mo., February 9, 2015), seeks to recover unpaid
overtime wages and damages pursuant to the Fair Labor Standard
Act.
The Defendants own and operate 10 medical supply warehouse
locations in Missouri, Illinois, and Kansas.
The Plaintiff is represented by:
Brandon Michael Wise, Esq.
THE WISE FIRM, LLC
5215 Kingwood Drive
St. Louis, MO 63123
Telephone: (217) 710-1403
E-mail: brandon.wise@thewisefirm.com
RED MOUNTAIN: Faces "Zhang" Suit Over Failure to Pay Overtime
-------------------------------------------------------------
Bing Zhang, Yan Zhang Su, individually and on behalf of all other
employees similarly situated v. Red Mountain Noodle House Inc.,
d/b/a Red Mountain Noodle House, Chunming Gao, John Does and Jane
Does # 1-10, Case No. 1:15-cv-00628 (E.D.N.Y., February 9, 2015),
is brought against the Defendants for failure to pay overtime
wages for hours worked in excess of 40 in a workweek.
The Defendants own and operate Red Mountain Noodle House
restaurant in New York.
The Plaintiff is represented by:
Jian Hang, Esq.
HANG & ASSOCIATES, PLLC
136-18 39th Ave, Suite 1003
Flushing, NY 11354
Telephone: (718) 353-8588
Facsimile: (918) 353-6288
E-mail: jhang@hanglaw.com
REPUBLIC MORTGAGE: Faces "Hoffman" Suit Over Failure to Pay OT
--------------------------------------------------------------
Victor Hoffmann, on behalf of himself and all other similarly
situated v. Republic Mortgage Home Loans, LLC, Case No. 1:15-cv-
01238 (N.D. Ill., February 9, 2015), is brought against the
Defendants for failure to pay overtime wages for hours worked in
excess of 40 in a workweek.
Republic Mortgage Home Loans, LLC is a full service mortgage
banking company and is headquartered in Salt Lake City, Utah.
The Plaintiff is represented by:
Terrence Buehler, Esq.
TOUHY, TOUHY & BUEHLER, LLP
55 West Wacker Drive, 14th Floor
Chicago, IL 60601
Telephone: (312) 372-2209
Facsimile: (312) 456-3838
E-mail: tbuehler@touhylaw.com
SAN MARTIN: Faces "Romero" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Victor Romero, other similarly situated waiters and barttenders
employed by Defendants v. San Martin Restaurant Inc. and Ramon San
Martin, Case No. 1:15-cv-00950 (S.D.N.Y., February 9, 2015), is
brought against the Defendants for failure to pay overtime wages
in violation of the Fair Labor Standard Act.
The Defendants own and operate restaurant located at 143 East 49th
Street, New York, New York 10017.
The Plaintiff is represented by:
Gregg Anthony Pinto, Esq.
LAW OFFICES OF GREG A. PINTO
225 Broadway, Suite 307
New York, NY 10007
Telephone: (646) 328-2432
Facsimile: (212) 898-0117
E-mail: pinto@pintolawoffices.com
- and -
Jacob Aronauer, Esq.
THE LAW OFFICES OF JACOB ARONAUER
225 Broadway Suite 307
New York, NY 10007
Telephone: (212) 323-6980
Facsimile: (212) 233-9238
E-mail: jaronauer@aronauerlaw.com
SEAMLESS FLOORING: Faces "Swenson" Suit Over Failure to Pay OT
--------------------------------------------------------------
Brian Swenson v. Seamless Flooring Systems, Inc., Anthony
McDermott, and Susan McDermott, Case No. 1:15-cv-00947 (D.N.J.,
February 6, 2015), is brought against the Defendants for failure
to pay overtime wages for hours worked in excess of 40 in a
workweek.
Defendants are engages in the seamless floor installation business
and is headquartered in Somerdale, Camden County, New Jersey.
The Plaintiff is represented by:
Andrew I. Glenn, Esq.
JAFFE GLENN LAW GROUP PA
Lawrence Office Park
Building 2, Suite 220
168 Franklin Corner Road
Lawrenceville, NJ 08648
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: aglenn@jaffeglenn.com
SOBEYS INC: Recalls Mediterranean Style Snap Pea Sensations
-----------------------------------------------------------
Starting date: January 19, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Mustard, Allergen - Sesame
Seeds, Allergen - Soy, Allergen - Wheat
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Sobeys Inc., Walmart Canada Corp.
Distribution: National
Extent of the product
distribution: Retail
CFIA reference number: 9596
Industry is recalling Mann's brand Mediterranean Style Snap Pea
Sensations from the marketplace because it contains mustard,
sesame, soy, and wheat which are not declared on the label.
People with an allergy to mustard, sesame, soy, or wheat or
sensitivity to gluten should not consume the recalled product
described.
Check to see if you have recalled product in your home. Recalled
product should be thrown out or returned to the store where it was
purchased.
If you have an allergy to mustard, sesame, soy, or wheat or
sensitivity to gluten, do not consume the recalled product as it
may cause a serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of this product.
The recall was triggered by a recall conducted by the manufacturer
in the United States for this product made only for the Canadian
market. The Canadian Food Inspection Agency (CFIA) is conducting
a food safety investigation, which may lead to the recall of other
products. If other high-risk products are recalled, the CFIA will
notify the public through updated Food Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
SPANISH TRANSPORTATION: Sued Over Failure to Pay Overtime Wages
---------------------------------------------------------------
Bolivar Caicedo v. Spanish Transportation Service Corp. d/b/a
Express Service, Norberto Curitomai, and Elizabeth Curitomai, Case
No. 2:15-cv-00953 (D.N.J., February 6, 2015), is brought against
the Defendants for failure to pay overtime wages for hours worked
in excess of 40 in a workweek.
The Defendants are in the transportation business and is
headquartered in Patterson, Passaic County, New Jersey.
The Plaintiff is represented by:
Andrew I. Glenn, Esq.
JAFFE GLENN LAW GROUP PA
Lawrence Office Park
Building 2, Suite 220
168 Franklin Corner Road
Lawrenceville, NJ 08648
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: aglenn@jaffeglenn.com
SPORTS VENUE: "Morales" Suit Seeks to Recover Unpaid OT Wages
-------------------------------------------------------------
Luis Morales and Joey Lara, individually and on behalf of all
others similarly situated v. Sports Venue Signs, LLC and Garry
Waldrum, Case No. 3:15-cv-00429 (N.D. Tex., February 9, 2015),
seeks to recover overtime compensation and other relief under the
Fair Labor Standards Act.
Sports Venue Signs, LLC is a Texas limited liability company that
manufactures, sells, and installs scoreboards and arena signs.
The Plaintiff is represented by:
Chris Richard Miltenberger, Esq.
THE LAW OFFICE OF CHRIS R. MILTENBERGER PLLC
1340 N. White Chapel Blvd, Ste 100
Southlake, TX 76092
Telephone: (817) 416-5060
Facsimile: (817) 416-5062
E-mail: chris@crmlawpractice.com
STRATASYS LTD: Sued in N.Y. Over Misleading Financial Reports
-------------------------------------------------------------
Pauline A. Moore, individually and on behalf of all others
similarly situated v. Stratasys Ltd., David Reis, and Erez Simha,
Case No. 1:15-cv-00945 (S.D.N.Y., February 9, 2015), 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.
Stratasys Ltd. is a foreign corporation that manufactures three-
dimensional printers and describes itself as a leading global
provider of additive manufacturing solutions.
The Plaintiff is represented by:
Francis Paul McConville, Esq.
Jeremy Alan Lieberman, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: fmcconville@pomlaw.com
jalieberman@pomlaw.com
- and -
Patrick Vincent Dahlstrom, Esq.
POMERANTZ LLP
10 South LaSalle Street, Suite 3505
Chicago, IL 60603
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
E-mail: pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN
60 East 42nd Street, Suite 4600
New York, NY 10165
Telephone: (212) 697-6484
Facsimile: (212) 697-7296
E-mail: peretz@bgandg.com
SYNGENTA CORP: Mid-Missouri Farmers File GM Corn Class Action
-------------------------------------------------------------
Mark Slavit, writing for Connect Mid-Missouri, reports that some
Mid-Missouri farmers are part of 2 class action lawsuits involving
some genetically modified corn that can't be sold to China.
The farmers lost large amounts of money because of the alleged
practices of a Swiss-owned agricultural research company.
Columbia's A.W. Smith Law Firm is working with 3 other law firms
that played a major role in a recent $750 million settlement on
behalf of U.S. rice farmers. This time the firms are working with
corn farmers. The firms filed 2 class action lawsuits on behalf
of U.S. corn farmers who are losing money because they can't sell
their crops to China. The lawsuits represent 86% of the corn
planted in the United States last year. Law firms from St. Louis,
Texas and Alabama filed their class-action lawsuits against a
Switzerland-based company called Syngenta. The suits allege
Syngenta caused economic harm to corn growers after the company
sold American farmers 2 genetically modified strains of corn that
have been outlawed in China. China is a major importer of U.S.
corn. Chinese officials began refusing shipments of U.S. corn
after they found the genetic trait in American shipments.
A.W. Smith Law Firm spokesman Jeff Page said, "With the loss of
the Chinese market, prices for U.S. corn have plummeted from above
$7 and $8 per bushel to around $3 per bushel. Losses to corn
growers and the industry, due to the loss of the Chinese market,
are estimated to be from $2 billion to $3 billion, and as the
lawsuit alleges, the corn growers' financial losses continue to
grow."
Some estimates indicate corn farmers could get back between 11 and
50 cents per bushel for harvests in 2012, 2013, 2014 and 2015.
Columbia's A.W. Smith Law Firm is signing up Missouri corn farmers
now.
Corn farmers can go to www.cornfarmerclassaction.com or call 573-
777-9595 to request more information and sign up as part of the
class.
TAKATA CORPORATION: Faces "Moore" Suit Over Defective Airbags
-------------------------------------------------------------
Marisa Moore, individually and on behalf of all those similarly
situated v. Takata Corporation, et al., Case No. 2:15-cv-00159
(W.D. Pa., February 6, 2015), alleges that the Defective Vehicles
contain airbags manufactured by the Defendant that, instead of
protecting vehicle occupants from bodily injury during accidents,
they violently explode and expel vehicle occupants with lethal
amounts of metal debris and shrapnel.
Takata Corporation is a specialized supplier of automotive safety
systems that designs, manufactures, tests, markets, distributes,
and sells airbags.
The Plaintiff is represented by:
Gary F. Lynch, Esq.
Edwin J. Kilpela Jr., Esq.
Jamisen A. Etzel, Esq.
CARLSON LYNCH SWEET & KILPELA LLP
PNC Park
115 Federal Street, Suite 210
Pittsburgh, PA 15212
Telephone: (412) 322-9243
E-mail: glynch@carlsonlynch.com
ekilpela@carlsonlynch.com
jetzel@carlsonlynch.com
- and -
Yvonne M. Flaherty, Esq.
Karen H. Riebel, Esq.
Heidi M. Silton, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: ymflaherty@locklaw.com
khriebel@locklaw.com
hmsilton@locklaw.com
THOR INDUSTRIES: Recalls 35 Z-1 Trailers Due to Labeling Errors
---------------------------------------------------------------
Starting date: January 23, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety Mfr
System: Label
Units affected: 35
Source of recall: Transport Canada
Identification number: 2015025
TC ID number: 2015025
On certain travel trailers, the front loading ramps may have been
incorrectly labeled. The maximum weight indicated is 700 lbs when
it should be 500 lbs. This could result in the ramps being
overloaded, potentially resulting in collapse causing injury
and/or damage to property. Correction: Updated labels will be
mailed to dealers or to owners of affected vehicles, along with
instructions for proper installation.
Affected products: 2015 CROSSROADS RV
TOYOTA MOTOR: Recalls 381 Prius V Cars
--------------------------------------
Starting date: January 23, 2015
Starting date: January 15, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety Mfr
System: Airbag
Units affected: 381
Source of recall: Transport Canada
Identification number: 2015014
TC ID number: 2015014
Manufacturer recall
number: R01
Certain vehicles may not comply with the requirements of Canada
Motor Vehicle Safety Standard (CMVSS) 208 - Occupant Protection.
The passenger seat occupant classification system (OCS) may have
been calibrated incorrectly during the manufacturing process.
This could result in the non-deployment of an air bag, which would
increase the risk of injury to the seat occupant in a crash where
airbag deployment is warranted. Correction: Dealers will
reprogram the occupant classification system (OCS).
Affected products: 2014 Toyota Prius V
UBER TECH: Internal E-mails Made Public as Class Action Evidence
----------------------------------------------------------------
Carolyn Said, writing for San Francisco Chronicle, reports that
Uber's brash reputation evidently extends to the way its managers
talk about drivers. In forceful and sometimes crudely derisive
language, Uber bosses discussed when to fire drivers for the
on-demand ride service, according to internal company reports and
e-mails.
Uber was compelled to produce the documents as evidence for a
class-action lawsuit by California drivers seeking to be
considered Uber employees rather than independent contractors.
The company sought to have them kept under seal but a federal
judge ordered them made public. The judge heard arguments on
Jan. 30 about whether the case should be dismissed, but made no
ruling.
The documents illuminate a sometimes-contemptuous culture that
would make a human resources manager cringe.
"Well guess what Sami, we are doing something: BANNING YOUR ASS
AGAIN," an Uber manager wrote about a driver who reportedly tried
to scam the system with fake rides. The driver made "clearly pre-
arranged pickups for various client accounts, all of which turned
out to be fraudulent," the report said.
The managers' comments on firing -- or "deactivating," in Uber
parlance -- cut to the heart of the drivers' case. The ability to
fire a worker is a key signal that a company is an employer, said
Shannon Liss-Riordan, a Boston attorney representing the drivers.
The California Supreme Court last year affirmed that carriers for
the Antelope Valley Newspapers were employees because the company
controlled the manner and means of their work, most notably having
the power to discharge them at will.
A similar lawsuit seeks employee status for California Lyft
drivers; that case was heard on Jan. 29 by a different federal
judge. Uber and Lyft did not respond to requests for comment.
In both instances, Uber and Lyft are asking for summary judgments
to have the cases thrown out now. Treating drivers as employees
would cost the companies a lot of money. Rulings on allowing both
lawsuits could happen relatively soon; if they are allowed to
proceed, the cases will unfold over many months.
The Uber drivers' suit cites a range of other reasons why they
should be considered employees: Drivers are integral to the
company's business; Uber directs and controls their work; Uber
enforces driver requirements to promote its brand (for instance,
discouraging driving for Lyft); it provides drivers with equipment
such as an iPhone, the Uber app and its logo for their cars; it
determines driver compensation; and it sets standards for their
vehicles.
But it is the termination issue that may decide the case --
deciding whether Uber was simply severing relations with a
contractor or firing an employee.
"The comments show the ease with which managers feel they have the
right to terminate people," Ms. Liss-Riordan said. "Uber claims
it doesn't control the drivers, but the whole point of the case is
that they do."
A San Francisco manager was particularly vehement in several e-
mails. "HE'S F-- HORRIBLE. PLEASE DO IT (terminate him) ASAP!!!!"
he wrote about one driver.
To be sure, Uber needs to be able to fire drivers who engage in
conduct such as driving under the influence. In fact, some
drivers clearly seemed ill-suited for their work.
"He needs anger management he punch one of our own client in his
face because he ask him few personal questions," a manager wrote
about one driver.
The company relies heavily on passenger ratings of drivers, who
can earn up to five stars per ride. However, the messages show
that the cutoff point for termination varied.
"The documents regarding deactivation exemplify that Uber has the
right to terminate for whatever reasons it wants to, and its
managers somewhat cavalierly make comments," Ms. Liss-Riordan
said.
Interchanges such as "Get rid of this guy. We need to make some
serious cuts of guys below 4.5," and a response from an Uber
manager: "Done via phone! Remote banning -- I love it" showed the
kind of callousness that critics contend characterizes Uber.
One lengthy interchange with a San Diego driver frustrated by
glitches in Uber's technology underscored drivers' reliance on the
service for earning a living.
Messages over five days showed the driver increasingly expressing
anger that he was losing money from system freezes, incorrect
addresses and other issues.
"I think you business nothing but a stupid model, you only care
about yourself then the driver suck it up with the major cost," he
wrote. An Uber manager replied, "Google thinks we're a pretty
good business model," linking to a story about Google Ventures'
$258 million investment in Uber in 2013. That amount has since
been dwarfed by several mega-funding rounds that brought the
company's war chest to over $4 billion and its valuation to over
$40 billion.
Another Uber manager stepped in to tell the San Diego driver: "we
have chosen to exercise our right to deactivate your account"
because of his disrespectful e-mails to the support team.
The driver quickly responded, apologizing and pleading for another
chance.
"I work hard . . . and stay up late nights to see difference in
pay," he wrote. "My responds were to express the frustration I
get. . . . It's a partnership as you said here, and expressing my
side of issues with no solution but to come and terminate me is
wrong."
It did not appear that Uber reconsidered his case.
A win by the drivers could seriously affect Uber and Lyft's bottom
lines. The companies could be obligated to pay drivers' operating
expenses such as gas and vehicle maintenance. The Uber lawsuit's
lead plaintiff told Reuters that his annual expenses topped
$10,000. The companies could also be on the hook for Social
Security, workers' compensation and unemployment insurance. As of
December, Uber had more than 160,000 active U.S. drivers in 161
cities, it said in a report in January. Lyft, which is in 60
cities, has not released its driver numbers.
"They think they've come up with a brilliant new model by which
they can shift onto workers all the expenses of having a
business," Ms. Liss-Riordan said. "California law doesn't allow
them to do that."
In the Jan. 30 hearing, U.S. District Judge Edward Chen appeared
skeptical of Uber's arguments that it's not a transportation
provider but merely a software provider that makes money by
licensing its app to drivers. If that's so, why does it screen
drivers, set fares and sometimes terminate drivers, he asked its
attorneys.
They argued that Uber's much-maligned surge pricing bolsters its
claims that it's not an employer. It must use incentives to
motivate drivers to work at certain times, they said, whereas if
it were an employer, it could simply order them to show up or be
deactivated.
Judge Chen didn't issue a ruling, but appeared inclined to let the
case proceed to trial.
In the Jan. 29 hearing on the Lyft drivers' case, U.S. District
Judge Vincent Chhabria said that California law appears to favor
the drivers' contention that they are employees, according to
Reuters, but he didn't issue a ruling.
UBS AG: FINRA Voids OT Suit Waiver, Class Action Attorney Argues
----------------------------------------------------------------
Stewart Bishop and Sindhu Sundar, writing for Law360, report that
an attorney for a proposed class of financial advisers for UBS
AG's broker-dealer unit on Jan. 30 urged the Second Circuit to
find they cannot be forced to arbitrate their overtime claims,
saying waivers of class actions are void under Financial Industry
Regulatory Authority rules.
During oral arguments over an appeal of a New York federal judge's
order finding the proposed class of current and former financial
advisers at UBS Financial Services Inc. must arbitrate their
claims, class attorney Jeffrey G. Smith -- smith@whafh.com -- of
Wolf Haldenstein Adler Freeman & Herz LLP told a panel for the
appellate court that class action waivers signed by the advisers
are unenforceable, pursuant to FINRA Rule 13204(a).
"It is very clear that FINRA and the [U.S. Securities and Exchange
Commission] wrote the rule to preserve the right of class members
to stay in court," Mr. Smith said.
UBS contends that arbitration clauses included in UBS'
compensation plans mandate the advisers to individually arbitrate
their claims. In December 2012, U.S. District Judge Barbara Jones
agreed.
While the FINRA rule states that neither class action claims nor
claims involving the same defendants as those in a proposed class
action can be arbitrated under FINRA arbitration rules, absent
certain prerequisites, Judge Jones found the rule does not prevent
the enforcement of rights under the code or any other agreements.
But Smith contends that since the waiver violates FINRA rules, it
is void under the Exchange Act of 1934, which negates an agreement
that waives compliance with any rule of a self-regulatory
organization such as FINRA.
"The SEC is speaking for Congress," Mr. Smith said. "Congress
delegated this area of authority to the SEC."
Since the SEC, based on the authority of Congress, concluded that
employees of FINRA member companies should be able to bring
employment-related class and collective actions, that rule is
entitled to so-called Chevron deference, Mr. Smith said.
"That means courts have to apply it in the same way they would a
statute," he said.
UBS attorney Mark A. Perry of Gibson Dunn argued that what the
FINRA rule in question actually says is that you can't arbitrate
claims in a class forum.
"What this rule says is the FINRA forum is not appropriate for
class actions," Mr. Perry said. "What the agreement with the
employers says is we will never bring a class action, therefore
the rule doesn't apply."
All disputes in the securities industry have long been settled by
arbitration, Mr. Perry said, and class waivers like the ones at
issue have been upheld by the Supreme Court.
"The Supreme Court has said an advance waiver of class action is
fully enforceable under the [Federal Arbitration Act]," he said.
While the Exchange Act states that the SEC can't prohibit
agreements that require securities customers to arbitrate
disputes, Perry said it makes no such distinctions when it comes
to fights with employees of the securities sector.
"There's this very dramatic distinction between customer disputes
. . . and in the industry, where Congress has left it largely
alone," he said.
The panel, which included U.S. Circuit Judges Dennis Jacobs,
Richard C. Wesley and Susan L. Carney, reserved decision on the
matter.
The plaintiffs, including Eliot Cohen and four other financial
advisers, had made collective action claims for a federal group of
plaintiffs for claims under the Fair Labor Standards Act, as well
as class claims for a proposed class of "several thousand members"
on behalf of members from California, according to their third
amended complaint.
The advisers first brought their suit in April 2011, claiming that
UBS had not paid them overtime wages even though they had
regularly worked more than 40 hours a week. Their jobs, which
involved selling financial products, also required them to meet
with clients for lunch and dinner, and that UBS had not reimbursed
them for that, according to the complaint.
UBS is represented by Mark A. Perry, Eugene Scalia --
escalia@gibsondunn.com -- Paul Blankenstein and Rachel E. Mondl --
rmondl@gibsondunn.com -- of Gibson Dunn.
The plaintiffs are represented by Jeffrey G. Smith, Robert Abrams
and Matthew M. Guiney -- guiney@whafh.com -- of Wolf Haldenstein
Adler Freeman & Herz LLP.
The case is Eliot Cohen v. UBS Financial Services Inc. et al.,
case number 14-781, in the U.S. Court of Appeals for the Second
Circuit.
UNITED STATES: Investors Launch Class Action v. FSA
---------------------------------------------------
Judith Evans, writing for The Financial Times, reports that
investors in a suspended "death bond" fund are preparing to launch
a class action against the City regulator, arguing that a 2011
statement labelling the products as "toxic" led to a run on the
asset class.
The Life Settlements Action Group believes that the Financial
Services Authority, now superseded by the Financial Conduct
Authority, failed in its duty to investors when it issued the
warning, which prompted an exodus of retail investors from life
settlements funds. Several of the funds, which invest in the life
insurance policies of US pensioners, have suspended redemptions.
The group is calling for investors in the suspended EEA Life
Settlements fund to join the legal action, which will start in
February. The fund was last valued at GBP569 million and
investors have not been able to withdraw the majority of their
money since 2011.
"The actions of the then FSA constituted unprofessional behavior
and a serious failing in the regulator's duty of care towards
investors," said Peter Lihou, an investor leading the action
group.
The group is to argue that the 2011 announcement harmed investors'
"peaceful enjoyment of their possessions" under the Human Rights
Act, and also contravened financial services marketing law.
However, the FCA has defended its predecessor's record, while a
law firm handling several claims against advisers who recommended
life settlements products said this case had little chance of
success.
"The FCA remains of the view that our intervention in the market
was justified," the regulator said.
It said the FSA had issued several previous warnings that life
settlements products, which can be highly illiquid and difficult
to value, were not suitable for retail investors.
"The industry had not heeded these warnings and the market showed
signs of inappropriate expansion into the retail sector, with new
TLPI [traded life policy investments] products poised to enter the
market in place of products that had already failed," the FCA
said.
"A stronger, clearer warning to the industry and retail consumers
was therefore warranted."
Tobias Haynes, a paralegal at the law firm Regulatory Legal, said
that the case was "doomed to fail" because of the FSA's earlier
warnings about the risks of life settlements funds and, more
broadly, of unregulated investment schemes.
UK investors in three so-called "death bond" funds have been told
they may lose up to 70 per cent of their original investment and
cannot access their money for at least three years.
"The context of the claim proposed is that the failings were all
down to the 28 November 2011 FCA statement -- this simply cannot
be true," said Mr. Haynes.
"The investors would do better to chase their financial advisers,
who are truly the ones accountable in these matters."
UNIVERSITY OF NORTH CAROLINA: Ramsay Makes First Public Statement
-----------------------------------------------------------------
Herald Sun reports that former North Carolina basketball player
Rashanda McCants said she and former UNC fullback Devon Ramsay
need teammates to help them go against not only their former
school but also the mighty NCAA.
"Although we all love our school, we also love ourselves and the
dignity we built within our own right," Ms. McCants said in a
statement containing her only public comments since lawyers filed
a class-action lawsuit on behalf of her and Mr. Ramsay.
The complaint filed at the Durham County courthouse claims both
UNC and the NCAA were complicit in steering hundreds of UNC
student-athletes to irregular classes that lacked faculty
involvement or attendance requirements. That was done to keep
athletes eligible to play ball at UNC, a fact documented by an
investigation led by former federal prosecutor Kenneth Wainstein,
whom UNC hired to get to the bottom of the scam.
Ms. McCants and Mr. Ramsay, according to their lawyers, are just
two former UNC athletes "who were victims of one of the largest
academic scandals in college sports history."
The lawsuit claims Ms. McCants and Mr. Ramsay were among scores of
athletes who signed up to play ball at UNC in exchange for solid
educations. UNC didn't keep its end of the deal, Mr. Ramsay said
in a statement, also his first public comments since the lawsuit
was filed.
"Unfortunately, these aren't just isolated incidents that occurred
at UNC," Mr. Ramsay said. "This is a national problem, one that
continually surfaces at some of the most prestigious programs in
the country. Where is the NCAA, which claims to protect their
'student athletes,' in all of this?
"And, most importantly, who suffers in the long run? It's the
athletes that are crippled. The ones that risk their bodies for
the profits of their university. On average, less than 2% of
these athletes will play at the professional level; therefore, it
is paramount that these athletes receive legitimate classes that
are worthy of their university."
"The NCAA is complicit in this system, because everything is
driven by money," said former N.C. Supreme Court Justice Bob Orr,
who is one of the lawyers representing Ms. McCants and Mr. Ramsay.
Mr. Ramsay attended UNC on a football scholarship from 2007-12.
Ms. McCants attended UNC on a basketball scholarship from 2005-09.
Their years of attendance coincide with the time -- 1993-2011 --
when irregular classes were offered in UNC's Department of African
and Afro-American Studies. While non-athletes took the classes,
those courses literally were designed to keep UNC's ballplayers on
the playing fields and courts by not requiring the athletes to
attend classes in order to receive passing grades. And
coursework for those classes was known to consist of sole writing
assignments that a secretary -- not a professor -- graded with
extreme generosity. The scheme impacted roughly 3,100 students,
according to Wainstein's report.
Harvard Law School professor Charles J. Ogletree Jr. is among the
lawyers representing the plaintiffs.
Among the aims of the lawsuit is reforming college sports so that
athletes reasonably can receive quality educations, Orr said. And
UNC somehow needs to make it right for the athletes who took the
bogus classes, he said.
"This suit isn't just about myself or Ms. McCants," Mr. Ramsay
said. "It's about protecting an opportunity that these young men
and women have earned from their dedication and hard work. The
athletic scholarship they've received promises an education in
exchange for athletic participation and enrollment, but what
happens when their college or university offers a class that is
not legitimate by the university's own standards?"
Ms. McCants is the sister of Rashad McCants, who was on UNC's
basketball team when the Tar Heels won the national championship
in 2005. He has been criticized for benefiting from the perks of
being a student-athlete but now saying UNC basketball coach Roy
Williams knew all about the phony classes he was taking.
Former Tar Heels who played with Rashad McCants have defended
Williams and said they went to class and did their own work.
Rashanda McCants is recruiting.
"I want to call on all athletes to stand with me and Devon
Ramsay," Rashanda McCants said. "We must stand strong so that we
can be seen as more than just mere athletes. We are humans; we
have voices.
"My intention is for people to know that I did everything that was
asked of me, on the court and off the court. But the university
and the NCAA failed to keep their promise to me and other college
athletes, and in turn we seek justice. With this said, I hope and
pray my fellow athletes stand with me and Devon in this effort to
hold the powers that be accountable."
UVEX SPORTS: Recalls Multiple UVEX Bike Helmets
-----------------------------------------------
Starting date: January 16, 2015
Posting date: January 16, 2015
Type of communication: Consumer Product Recall
Subcategory: Sports/Fitness
Source of recall: Health Canada
Issue: Physical Hazard
Audience: General Public
Identification number: RA-43381
Affected products: Multiple UVEX Bike Helmets
This voluntary recall involves seven models of UVEX helmets. The
helmets are available in various colours with different coloured
chin straps. The model number can be found inside the helmet
under the fitting pad on the top right side.
The helmet's chinstrap anchor can fail and cause the helmet to
fall off in an incident, posing a risk of head injury.
Neither Health Canada nor UVEX Sports Inc. has received any
reports of consumer incidents or injuries related to this product.
Approximately 1,466 units of the affected helmets were sold in
Canada.
The recalled helmets were manufactured in Germany and sold from
Oct. 7, 2010 to Aug. 14, 2014.
Companies:
Manufacturer UVEX Sports GmbH & Co.
Furth
Germany
Importer Orange Sport Supply Inc.
North Vancouver
British Columbia
Canada
Consumers should immediately stop using the affected helmets and
return them to the retailer for a refund.
VOLKSWAGEN: Recalls 3,174 S4, A6, Q7, and A7 Cars & SUVs
--------------------------------------------------------
Starting date: January 16, 2015
Type of communication: Recall
Subcategory: Car, SUV
Notification type: Safety Mfr
System: Fuel Supply
Units affected: 3174
Source of recall: Transport Canada
Identification number: 2015018
TC ID number: 2015018
Manufacturer recall
number: 24AP
On certain vehicles, a fuel leak may occur in the fuel injection
system under certain driving conditions. Leaking fuel in the
presence of an ignition source could lead to a fire causing injury
and/or damage to property. Correction: Dealers will replace the
fuel rails and corresponding fuel injector seals.
Affected products:
Maker Model Model year(s) affected
----- ----- ----------------------
AUDI S4 2011
AUDI A6 2012
AUDI Q7 2011
AUDI A7 2012
WAL-MART STORES: Faces "Marshalls" Suit Over Product Misbranding
----------------------------------------------------------------
George J. Marshall and Scott Dahlin, individually and on behalf of
all others similarly situated v. Wal-Mart Stores, Inc., Case No.
0:15-cv-60246 (S.D. Fla., February 6, 2015), arises out of the
Defendant's misrepresentation on the labels of its Spring Valley
Herbal Supplements that they contained Gingko Biloba, St. John's
Wort, Ginseng, Echinacea, and Saw Palmetto, when in fact, each
lacks the integral ingredient listed on the product label but
rather contain contaminants, substitutes and fillers that are not
disclosed on the product label.
Wal-Mart Stores, Inc. is a retail chain with more than 4,000
locations across the country and more than 250 locations in the
state of Florida.
The Plaintiff is represented by:
John A. Yanchunis, Esq.
Jonathan B. Cohen, Esq.
Rachel Soffin, Esq.
Marcio W. Valladares, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin St., 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 222-2434
E-mail: jyanchunis@forthepeople.com
jcohen@forthepeople.com
rsoffin@forthepeople.com
mvalladares@forthepeople.com
- and -
Michael L. Murphy, Esq.
Gregory Y. Porter, Esq.
BAILEY GLASSER LLP
910 17th Street NW, Suite 800
Washington, D.C. 20006
Telephone: (202) 463-2101
Facsimile: (202) 463-2103
E-mail: mmurphy@baileyglasser.com
gporter@baileyglasser.com
WAL-MART STORES: Faces "Mayer" Suit Over Product Misbranding
------------------------------------------------------------
Jennie Mayer, individually and on behalf of all others similarly
situated v. Wal-Mart Stores, Inc., Case No. 1:15-cv-10287 (D.
Mass., February 6, 2015), arises out of the Defendant's
misrepresentation on the labels of its Spring Valley Herbal
Supplements that they contained Gingko Biloba, St. John's Wort,
Ginseng, Echinacea, and Saw Palmetto. When in fact, each lacks the
integral ingredient listed on the product label but rather contain
contaminants, substitutes and fillers that are not disclosed on
the product label.
Wal-Mart Stores, Inc. is multinational retail corporation that
operates a chain of discount department stores and warehouse
stores.
The Plaintiff is represented by:
Erica C. Mirabella, Esq.
MIRABELLA LAW, LLC
132 Boylston Street, 5th Floor
Boston, MA 02116
Telephone: 617-580-8270
Facsimile: 617-583-1905
E-mail: erica@mirabellallc.com
- and -
Charles J. LaDuca, Esq.
CUNEO GILBERT & LADUCA, LLP
8120 Woodmont Avenue, Suite 810
Bethesda, MD 20814
Telephone: 202-789-3960
Facsimile: 202-589-1813
E-mail: charles@cuneolaw.com
- and -
Taylor Asen, Esq.
CUNEO GILBERT & LADUCA, LLP
16 Court Street, Suite 1012
Brooklyn, NY 11241
Telephone: 202-789-3960
Facsimile: 202-589-1813
E-mail: tasen@cuneolaw.com
- and -
Dewitt M. Lovelace, Esq.
Valerie Lauro Nettles, Esq.
LOVELACE AND ASSOCIATES, PA
12870 U.S. Hwy 98 West, Suite 200
Miramar Beach, FL 32550
Telephone: (850) 837-6020
Facsimile: (850) 837-4093
E-mail: dml@lovelacelaw.com
valerie@lovelacelaw.com
- and -
Ben F. Pierce Gore, Esq.
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: (408) 429-6506
Facsimile: (408) 369-0752
E-mail: pgore@prattattorneys.com
- and -
Richard R. Barrett, Esq.
LAW OFFICE OF RICHARD R. BARRETT, PLLC
2086 Old Taylor Road, Suite 1011
Oxford, MS 38655
Telephone: (662) 380-5018
Facsimile: (866) 430-5459
E-mail: rrb@rrblawfirm.net
- and -
Don Barrett, Esq.
DON BARRETT, P.A.
P.O. Box 927, 404 Court Square North
Lexington, MS 39095
Telephone: (662) 834-2488
Toll Free: (877) 816-4443
Facsimile: (662) 834-2628
E-mail: donbarrettpa@gmail.com
- and -
Kenneth R. Shemin, Esq.
SHEMIN LAW FIRM, PLLC
3333 Pinnacle Hills Parkway, Suite 603
Rogers, AR 72758
Telephone: (479) 250-4764
Facsimile: (479) 845-2198
- and -
Thomas P. Thrash, Esq.
THRASH LAW FIRM, P.A.
1101 Garland Street
Little Rock, AR 72201
Telephone: (501) 374-1058
Facsimile: (501) 374-2222
WAL-MART STORES: Faces "Trinidad" Suit Over Product Misbranding
---------------------------------------------------------------
Alex Trinidad, individually, and on behalf of all those similarly
situated v. Wal-Mart Stores, Inc., et al., Case No. 1:15-cv-00090
(S.D. Ohio, February 6, 2015), arises out of the Defendant's
misrepresentation on the labels of its Spring Valley Herbal
Supplements that they contained Gingko Biloba, St. John's Wort,
Ginseng, Echinacea, and Saw Palmetto. When in fact, each lacks the
integral ingredient listed on the product label but rather contain
contaminants, substitutes and fillers that are not disclosed on
the product label.
Wal-Mart Stores, Inc. is multinational retail corporation that
operates a chain of discount department stores and warehouse
stores.
The Plaintiff is represented by:
Jeffrey S. Goldenberg, Esq.
Todd B. Naylor, Esq.
Robert B. Sherwood, Esq.
GOLDENBERG SCHNEIDER, LPA
One West Fourth Street, 18th Floor
Cincinnati, Ohio 45202
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
tnaylor@gs-legal.com
rsherwood@gs-legal.com
- and -
Christian A. Jenkins, Esq.
Minnillo & Jenkins, Co. LPA
2712 Observatory Avenue
Cincinnati, OH 45208
Telephone: (513) 723-1600
Facsimile: (513) 723-1620
E-mail: cjenkins@minnillojenkins.com
- and -
James C. Shah, Esq.
Nathan C. Zipperian, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
35 E. State Street
Media, PA 19063
Telephone: (610) 891-9880
Facsimile: (610) 891-9883
E-mail: jshah@sfmslaw.com
nzipperian@sfmslaw.com
- and -
Beth E. Terrell, Esq.
Toby J. Marshall, Esq.
TERRELL MARSHALL DAUDT & WILLIE, PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816-6603
Facsimile: (206) 319-5450
E-mail: bterrell@tmdwlaw.com
tmarshall@tmdwlaw.com
- and -
Jayne A. Goldstein, Esq.
POMERANTZ LLP
1792 Bell Tower Lane, Suite 203
Weston, FL 33326
Telephone: (954) 315-3454
Facsimile: (954) 315-3455
E-mail: jagoldstein@pomlaw.com
- and -
Matthew J. Zuchetto, Esq.
Boyd M. Mayo, Esq.
The Scott Law Group, P.S.
926 W. Sprague Avenue, Suite 680
Spokane, WA 99201
Telephone: (509) 455-3966
E-mail: scottgroup@me.com
WAL-MART STORES: Faces "Trinidad" 2nd Suit Over Misbranding
-----------------------------------------------------------
Alex Trinidad, individually, and on behalf of all those similarly
situated v. Wal-Mart Stores, Inc., et al., Case No. 1:15-cv-00091
(S.D. Ohio, February 6, 2015), arises out of the Defendant's
misrepresentation on the labels of its Spring Valley Herbal
Supplements that they contained Gingko Biloba, St. John's Wort,
Ginseng, Echinacea, and Saw Palmetto, when in fact, each lacks the
integral ingredient listed on the product label but rather contain
contaminants, substitutes and fillers that are not disclosed on
the product label.
Wal-Mart Stores, Inc. is multinational retail corporation that
operates a chain of discount department stores and warehouse
stores.
The Plaintiff is represented by:
Jeffrey S. Goldenberg, Esq.
Todd B. Naylor, Esq.
Robert B. Sherwood, Esq.
GOLDENBERG SCHNEIDER, LPA
One West Fourth Street, 18th Floor
Cincinnati, OH 45202
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
tnaylor@gs-legal.com
rsherwood@gs-legal.com
- and -
Christian A. Jenkins, Esq.
MINNILLO & JENKINS, CO. LPA
2712 Observatory Avenue
Cincinnati, OH 45208
Telephone: (513) 723-1600
Facsimile: (513) 723-1620
E-mail: cjenkins@minnillojenkins.com
- and -
James C. Shah, Esq.
Nathan C. Zipperian, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
35 E. State Street
Media, PA 19063
Telephone: (610) 891-9880
Facsimile: (610) 891-9883
E-mail: jshah@sfmslaw.com
nzipperian@sfmslaw.com
- and -
Beth E. Terrell, Esq.
Toby J. Marshall, Esq.
TERRELL MARSHALL DAUDT & WILLIE, PLLC
936 N. 34th Street, Suite 300
Seattle, WA 98103
Telephone: (206) 816-6603
Facsimile: (206) 319-5450
E-mail: bterrell@tmdwlaw.com
tmarshall@tmdwlaw.com
- and -
Jayne A. Goldstein, Esq.
POMERANTZ LLP
1792 Bell Tower Lane, Suite 203
Weston, FL 33326
Telephone: (954) 315-3454
Facsimile: (954) 315-3455
E-mail: jagoldstein@pomlaw.com
- and -
Matthew J. Zuchetto, Esq.
Boyd M. Mayo, Esq.
The Scott Law Group, P.S.
926 W. Sprague Avenue, Suite 680
Spokane, WA 99201
Telephone: (509) 455-3966
E-mail: scottgroup@me.com
WALGREEN CO: Faces "Allsup" Suit Over Misleading Product Label
--------------------------------------------------------------
Justin Allsup, on behalf of himself and all other persons
similarly situated v. Walgreen Co., Case No. 1:15-cv-01244 (N.D.
Ill., February 9, 2015), arises out of the Defendant's mislabeling
and improper marketing of its Finest Nutrition St. John's Wort,
Ginseng, Garlic, and Echinacea herbal supplements that they
contain the primary herb listed on the label. However, supplements
do not contain any of the ingredients listed on the product label.
Walgreens Co. is a Chicago corporation that owns and operates a
drug retailing chain throughout the United States.
The Plaintiff is represented by:
Dom J. Rizzi, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
30 North LaSalle Street, Suite 3200
Chicago, Il 60602
Telephone: (312) 782-4880
Facsimile: (312) 782-4485
E-mail: drizzi@caffertyclobes.com
- and -
Lionel Z. Glancy, Esq.
Marc L. Godino, Esq.
Mark Greenstone, Esq.
GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: info@glancylaw.com
WALGREEN CO: Faces "Cummins" Suit Over Misleading Product Label
---------------------------------------------------------------
Sean James Cummins, an individual, on behalf of himself and all
others similarly situated v. Walgreen Co., an Illinois
Corporation, and DOES 1-10, inclusive, Case No. 2:15-cv-00911
(C.D. Cal., February 9, 2015), arises out of the Defendant's
mislabeling and improper marketing of its Finest Nutrition brand
supplements of Ginseng, Ginkgo Biloba, St. John's Wort, and
Echinacea that they contain the primary herb listed on the label.
However, supplements do not contain any of the ingredients listed
on the product label.
Walgreens Co. is a Chicago corporation that owns and operates a
drug retailing chain throughout the United States.
The Plaintiff is represented by:
Michael Louis Kelly, Esq.
Behram V. Parekh, Esq.
Heather Baker Dobbs, Esq.
Justin M. Keller, Esq.
KIRTLAND & PACKARD LLP
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245
Telephone: (310) 536-1000
Facsimile: (310) 536-1001
E-mail: mlk@kirtlandpackard.com
bvp@kirtlandpackard.com
hmb@kirtlandpackard.com
jmk@kirtlandpackard.com
WALGREEN CO: Faces Hernandez Suit Over Marketing of Herbal Items
-----------------------------------------------------------------
Jennifer Hernandez, on Behalf of Herself and All Others Similarly
Situated v. Walgreen Company, Case No. 3:15-cv-00260 (S.D. Cal.,
February 6, 2015), arises from the Defendant's false and
misleading advertising campaign that its Finest Nutrition Double
Strength Ginkgo Biloba 120 mg provides a variety of health
benefits centered around improving mild memory problems,
supporting mental alertness, and supporting healthy brain
function. When in fact, they do not contain any Gingko Biloba and
are actually adulterated with potentially harmful, undisclosed
ingredients.
Walgreen Company is a Chicago corporation that owns and operates a
drug retailing chain throughout the United States.
The Plaintiff is represented by:
Todd D. Carpenter, Esq.
CARPENTER LAW GROUP
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: (619) 756-6994
Facsimile: (619) 756-6991
E-mail: todd@carpenterlawyers.com
- and -
Ronald A. Marron, Esq.
Skye Resendes, Esq.
LAW OFFICES OF RONALD A. MARRON, APLC
651 Arroyo Drive, San Diego, CA 92103
Telephone: (619) 696-9006
Facsimile: (619) 564-6665
E-mail: ron@consumersadvocates.com
skye@consumersadvocates.com
WALGREEN CO: Faces "Cummins" Suit Over Misleading Product Label
---------------------------------------------------------------
Sean James Cummins, an individual, on behalf of himself and all
others similarly situated v. Walgreen Co., an Illinois
Corporation, and DOES 1-10, inclusive, Case No. 2:15-cv-00908
(C.D. Cal., February 9, 2015), arises out of the Defendant's
mislabeling and improper marketing of its Finest Nutrition brand
supplements of Ginseng, Ginkgo Biloba, St. John's Wort, and
Echinacea that they contain the primary herb listed on the label.
However, supplements do not contain any of the ingredients listed
on the product label.
Walgreens Co. is a Chicago corporation that owns and operates a
drug retailing chain throughout the United States.
The Plaintiff is represented by:
Michael Louis Kelly, Esq.
Behram V. Parekh, Esq.
Heather Baker Dobbs, Esq.
Justin M. Keller, Esq.
KIRTLAND & PACKARD LLP
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245
Telephone: (310) 536-1000
Facsimile: (310) 536-1001
E-mail: mlk@kirtlandpackard.com
bvp@kirtlandpackard.com
hmb@kirtlandpackard.com
jmk@kirtlandpackard.com
WALTER KIDDE: Recalls Disposable Fire Extinguishers
---------------------------------------------------
The U.S. Consumer Product Safety Commission, in cooperation with
Walter Kidde Portable Equipment Company Inc., of Mebane, North
Carolina, announced a voluntary recall of about 4.6 million units
of Kidde plastic valve disposable fire extinguishers in the U.S.
and 175,000 in Canada. Consumers should stop using this product
unless otherwise instructed. It is illegal to resell or attempt
to resell a recalled consumer product.
A faulty valve component can cause the disposable fire
extinguishers not to fully discharge when the lever is repeatedly
pressed and released during a fire emergency, posing a risk of
injury.
This recall involves 31 models of Kidde disposable fire
extinguishers with Zytel(R) black plastic valves. The recalled
extinguishers are red, white or silver and are either ABC or BC
rated. The ratings can be found to the right of the nameplate.
Manufacture dates included in the recall are July 23, 2013 through
October 15, 2014. A 10-digit date code is stamped on the side of
the cylinder, near the bottom. Digits five through nine represent
the day and year of manufacture in DDDYY format. Date codes for
recalled units manufactured in 2013 are XXXX 20413 X through XXXX
36513 X and 2014 are XXXX 00114 X through XXXX 28814 X. A
nameplate affixed to the front of the fire extinguisher has one of
the following model numbers:
10BC
1A 10BC
1A 10BCW
2A10BC
5BC
5BCW
FA10G
FA110
FA5B
FC10
FC110
FC5
FH/ RESSP
FX10
FX10BC
FX10K
FX210
FX210R
FX210W
FX340GW
FX340SC
FX5II
KFH Twin
M110 Twin
M5 Twin
Mariner 10
Mariner 110
Mariner 5
Mariner 5 G
RESSP
XL 5MR
Kidde has received 11 reports of the recalled fire extinguishers
failing to discharge as expected. No injuries have been reported.
Pictures of the Recalled Products available at:
http://is.gd/JnIJWl.
The recalled products were manufactured in Mexico and Home Depot,
Menards, Walmart and other department, home and hardware stores
nationwide, and online from August 2013 through November 2014 for
between $18 and $65, and about $200 for model XL 5MR.
Consumers should immediately contact Kidde for a replacement fire
extinguisher.
WARNER MUSIC: Settles Intern Class Action for $725,000
------------------------------------------------------
Eriq Gardner, writing for The Hollywood Reporter, reports that
Warner Music Group has now become the largest music company to
resolve litigation over its past internship programs. On Jan. 29,
the attorney for the plaintiffs wrote a letter to the judge
announcing that the substantive terms had been agreed upon by the
parties.
The lawsuit was a consolidated action brought by lead plaintiffs
Kyle Grant, who interned at Warner Bros. Records from August 2012
to April 2013, and Justin Henry, who worked at WMG subsidiary
Atlantic Recording Corp. between October 2007 and May 2008.
Last May the plaintiffs, represented by attorneys at Virginia &
Ambinder and Leeds Brown, got a green light from the judge to put
out a class-action notice to an estimated 3,000 other individuals
who might be covered by the claims of labor violations.
The settlement will cover the class and the amount being paid by
WMG hasn't been revealed yet but will be by March 9, when the
parties are expected to seek the judge's preliminary approval.
WMG joins other companies including NBCUniversal, Viacom and ICM
Partners that have come to settlement agreements in the last few
months. On Jan. 30, ICM revealed in court documents the terms of
its own settlement. The talent agency will be paying up to
$725,000 to resolve claims.
Meanwhile, Fox is still fighting a summary judgment loss over its
lawsuits at an appeals court. Also on Jan. 30, the 2nd Circuit
heard oral arguments in the case involving two interns who worked
on Black Swan over how to determine an "employer" under the Fair
Labor Standards Act.
Against this backdrop, new lawsuits over internships continue to
arrive on the court docket.
On Jan. 26, represented by the same lawyers who fought the battle
against WMG, Allyson Kocivar brought a lawsuit on behalf of
herself and other similarly situated against Wenner Media, parent
company of Us Weekly and Rolling Stone magazines. Also that day,
Camille Demere filed a proposed class action against CBS
Corporation and CBS Radio.
WEBSTER CAFE: "Raffa" Suit Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
Mary Raffa, on behalf of herself and all other persons similarly
situated v. Webster Cafe Corp, Bertha Garcia, Juan Garcia Lazaro,
Omar Garcia, and John Does #1-10, Case No. 1:15-cv-00906
(S.D.N.Y., February 6, 2015), seeks to recover unpaid overtime
compensation, liquidated damages, prejudgment and post-judgment
interest, and attorneys' fees and costs pursuant Fair Labor
Standard Act.
The Defendants own and operate a restaurant located at 2873
Webster Avenue, Bronx, New York 10468.
The Plaintiff is represented by:
Alexander Martin Dudelson, Esq.
LAW OFFICES OF LOUIS R. ROSENTHAL
16 Court Street
Brooklyn, NY 11241
Telephone: (718) 855-5100
Facsimile: (718) 624-9552
E-mail: adesq@aol.com
WINDHAVEN INSURANCE: "Hu" Suit Seeks to Recover Unpaid Overtime
---------------------------------------------------------------
Ululaulani Hu, Susanne Long, Marie Pimperl, on behalf of herself
and similarly situated employees v. Windhaven Insurance Company
and Jimmy Whited, Case No. 8:15-cv-00277 (M.D. Fla., February 9,
2015), seeks to recover unpaid overtime wages, liquidated damages,
and attorney's fees and costs under the Fair Labor Standard Act.
The Defendants own and operate an auto insurance coverage company
located at 8550 NW 33rd Street, Suite 400, Miami, FL 33126.
The Plaintiff is represented by:
Ashleigh Renee Shelver, Esq.
Michael Schuette, Esq.
JOHN BALES ATTORNEYS
Suite 400, 9700 Dr MLK Jr. St. N
St Petersburg, FL 33702
Telephone: (727) 823-9100
E-mail: ashelver@johnbales.com
mschuette@johnbales.com
The Defendants are represented by:
Denise M. Heekin, Esq.
BRYANT MILLER OLIVE, PA
Suite 2200, 1 SE 3rd Ave
Miami, FL 33131
Telephone: (305) 374-7349
Facsimile: (305) 374-0895
E-mail: dheekin@bmolaw.com
WINNEBAGO INDUSTRIES: Recalls 145 Minnie Trailers
-------------------------------------------------
Starting date: January 15, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety Mfr
System: Accessories
Units affected: 145
Source of recall: Transport Canada
Identification number: 2015013
TC ID number: 2015013
On certain travel trailers, the axle may come in contact with a
propane conduit. If this occurs, the propane conduit could crack
and result in gas being released without any warning. If the
propane gas continues to flow it could potentially ignite
resulting in a fire increasing the risk of injury and/or damage to
property. Correction: Dealers will inspect and if needed install
a protective block to prevent further contact from the axle to the
propane conduit.
Affected products: 2013 Winnebago Minnie
WOODFORD TRANSPORTATION: Faces Class Actions Over Water Crisis
--------------------------------------------------------------
Tina Alvey, writing for Register-Herald Reporter, reports that two
class action lawsuits have been filed in Greenbrier Circuit Court
seeking recompense for damages allegedly incurred by area
businesses and individuals during the Lewisburg water system
outage in January.
The Lewisburg water plant was forced to shut down in the early
morning hours on Jan. 24, following a traffic accident up W.Va. 92
in the Alvon area that resulted in a spill of nearly 4,000 gallons
of diesel fuel into a tributary of Anthony Creek. The creek flows
into the Greenbrier River, where the Lewisburg plant's Caldwell
intake is located. Fearing contamination of the plant and the
treated water that flows out of it, city officials closed the
intake several hours before the leading edge of the fuel spill
reached Caldwell.
Despite 11th hour conservation efforts, the water system's holding
tanks had emptied by mid-afternoon Sunday, leaving more than
10,000 customers in a region reaching from Ronceverte to Renick
without running water. The plant remained idle until testing of
the river around the intake was completed on Jan. 26, at which
time the plant was restarted and water began to fill the system's
pipes once again.
Less than 24 hours after the tanks ran dry, the first lawsuit
against the driver of the errant truck and the tanker's owners was
recorded in the Greenbrier Circuit Clerk's office.
In that suit, filed on Jan. 26, plaintiffs Kristie L. Bennett;
Tony Hill, along with his businesses Show Your Colors and Hill
Properties LLC; TWB Odyssey LLC, doing business as The Wild Bean;
and Roger Dolan Jr., individually and as a member of TWB Odyssey
LLC, accuse Kenneth Pritt, Woodford Transportation (sic) LLC, and
Woodford Oil Company of various forms of negligence, public and
private nuisance and outrageous conduct.
Ms. Bennett is listed in the suit as a daycare center employee who
suffered loss of income when the business where she works was
forced to close during the period when running water was
unavailable. The other plaintiffs are either businesses that
closed during the water outage or the owners of those businesses.
In addition to loss of income, the suit claims that the "pipes,
filters and water systems of the customers in the affected area
may have become contaminated," and asserts, "diesel may have
leaked into the water supply and may have caused damage to
plaintiffs' personal and real property."
In claiming negligence, the Bennett suit asserts that Mr. Pritt --
the driver of the overturned tanker -- failed to "maintain proper
speed for the conditions," among other failings that led to his
truck's reported skid on black ice. The driver's employer,
Woodford Transportation (sic) and its parent company, Woodford
Oil, share the responsibility for Mr. Pritt's alleged negligence,
according to the suit.
The Woodford companies are based in Elkins. Mr. Pritt is from
Beverly. According to Greenbrier County Sheriff Jan Cahill,
Mr. Pritt was not charged with a moving violation in connection
with the truck accident.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Ma. Cristina
Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan,
Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A.
Chapman, Editors.
Copyright 2015. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to
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