/raid1/www/Hosts/bankrupt/CAR_Public/150907.mbx
C L A S S A C T I O N R E P O R T E R
Monday, September 7, 2015, Vol. 17, No. 178
Headlines
ALLERGAN INC: Recalls Refresh Lacri-Lube Ointment Products
AMBIENT WEATHER: Recalls Weather Radios Due to Fire Hazard
AMSTERDAM BREWING: Recalls Blood Orange Radler Products
ARGENTINA: Urges Appeals Court to Toss Debt Class-Action Ruling
BIMBO BAKERIES: Recalls Bread Products Due to Broken Glass
BLUE BELL: Consumer Files Class Suit Over Product Recall
BLUE CROSS: Faces Class Suit Over "Unlawful Conduct"
BOARD & RUDISELL: "Burrell" Suit Alleges FLSA Violation
BONDUELLE USA: Recalls Frozen Corn Products Due to Listeria
BUMBLE BEE: Faces "Moore" Suit in Cali. Over PSP-Price Fixing
CACH LLC: "Hazan" Suit Alleges Unfair Debt-Collection Practices
CENTURYLINK COMMUNICATIONS: Sued Over Failure to Pay OT Wages
CHIPOTLE MEXICAN: Sued in Cal. Over Food Product Misbranding
CHRYSLER: Recalls 2500 & 3500 RAM Models Due to Crash Risk
CHRYSLER: Recalls Multiple Dodge 2007 Models
CHRYSLER: Recalls Dodge Dart 2013 Models Due to Crash Risk
COOPER VISION: "Bolen-Carson" Suit Alleges Antitrust Violations
CR BARD: Faces "Coker" Suit in Ga. Over Bard RECOVERY(R) filter
DIAGEO: Recalls Smirnoff Ice Products
EXELIS INC: Faces "Wilson" Suit Over Failure to Pay Overtime
EXIST INC: "Monsalve" Suit Seeks to Recover Unpaid Overtime Wages
EZCORP INC: Suit Alleges Federal Securities Law Violation
FOREST RIVER: Recalls Shasta Trailer Model 016 Due to Crash Risk
GENERAL MILLS: Class Suit Awaits FDA Clarification on PHOs
GRAYSON COUNTY JAIL: Sued Over Violation of Inmates Rights
H-E-B: Recalls Hill Country 1 Gallon Spring Water Due to Milk
HEINZ CANADA: Recalls Pear Green Mango Products Due to Spoilage
HOSPIRA HEALTHCARE: Recalls Mitoxantrone Injection USP
ICONIX BRAND: Labaton Sucharow Files Securities Class Action
IDI INC: Rosen Law Firm Files Securities Class Suit
INSULET CORPORATION: Recalls OmniPod Insulin Management Systems
INTERNAL REVENUE: Faces Data Breach Class Suit
INTERNATIONAL BUSINESS: Action Alleges Breach of Fiduciary Duties
IPC HEALTHCARE: Faces "Smukler" Action Over Team Health Deal
JANSSEN RESEARCH: Accused of Wrongful Conduct Over Xarelto Drugs
K & D GROUP: Faces "Jackson" Suit Over Failure to Pay Overtime
K BREAD: "Hernandez" Suit Seeks to Recover Unpaid OT Wages
KENA PAINTING: "Ramirez" Suit Seeks to Recover Unpaid OT Wages
KINDER MORGAN: Fails to Pay Employees OT, "Briones" Suit Claims
L&W SUPPLY: Faces "Ayala" Suit Over Failure to Pay Overtime Wages
LGS INDUSTRIES: Recalls Light Trailers
MADISON CO: Bid Rigging Victims Can Pursue Class Action
MERGE HEALTHCARE: Faces "Federman" Suit Over Prop. IBM Takeover
MIDOR'S VALET: Sued in Ill. Over Failure to Pay Minimum Wages
MITSUBISHI: Recalls 2014 Lancer Models Due to Injury Risk
NHA TRANG: Recalls Meat Ball and Roll Products Due to Allergens
ONE MINUTE: Recalls Dietary Supplements Due to Phenolphthalein
PEI WEI: "Aranda" Suit Seeks to Recover Unpaid Wages & Damages
RENTECH NITROGEN: Faces "Mustard" Suit Over Proposed CVR Takeover
ROBERT BOSCH: Recalls Rotary Tools Due to Injury Hazard
SEARS ROEBUCK: "Lee" Suit Removed to Southern Dist. California
SILVERLEAF RESORTS: Has Made Unsolicited Calls, "Lewow" Suit Says
SINCERELY NUTS: Recalls Macadamia Nuts Due to Salmonella
SOLAZYME INC: Glancy Prongay Files Securities Class Action
SOLO FRUIT: Recalls Dark Chocolate Sorbet Products Due to Milk
TAKATA CORPORATION: "Reid" Suit Removed to Eastern Dist. Texas
TEVA CANADA: Recalls Teva-Travoprost Z Ophthalmic Solution
THERATECHNOLOGIES: 121851 Canada's Bid to File Class Suit Denied
TM WIRELESS: Faces "Rodriguez" Suit Over Failure to Pay Overtime
TRANSAMERICA PREMIER: "King" Suit Seeks to Recover Unpaid OT
TRANSILVANIA TRADING: Recalls Honey Graham Products Due to Milk
TRANS ONE: "Matthis" Suit Seeks to Recover Unpaid Overtime Wages
TRANSPORT EXPRESS: Faces "Cruz" Suit Over Failure to Pay Overtime
TSG 89: "Galicia" Suit Seeks to Recover Unpaid Overtime Wages
VRVK NUTRACEUTICALS: Recalls Antioxidant Tablets
WEATHERFORD INT'L: Reaches $120MM Settlment in Freedman Case
WELLS FARGO: Doesn't Properly Pay Overtime Wages, Action Claims
WERNER ENTERPRISES: Drivers Win Favorable Ruling in Wage Case
WINDERMERE REAL: Jet Noise Class Action Dismissed
WINNEBAGO INDUSTRIES: Recalls ERA 2012 Model Due to Noncompliance
*********
ALLERGAN INC: Recalls Refresh Lacri-Lube Ointment Products
----------------------------------------------------------
Starting date: August 28, 2015
Posting date: August 31, 2015
Type of communication: Drug Recall
Subcategory: Drugs
Hazard classification: Type II
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-54896
Affected Products: Refresh Lacri-Lube
Reason: Potential for shedding of particulate matter from the cap.
Depth of distribution: Retailers
Affected products: Refresh Lacri-Lube
DIN, NPN, DIN-HIM
DIN 00210889
Dosage form: Ointment
Strength: Mineral Oil 42.5%
White Petrolatum 57.3%
Lot or serial number: 84662
84829
85342
85343
85610
85947
86590
84756
84756A
85101
86672
86906
87075
Recalling Firm: Allergan Inc.
85 Enterprise Blvd, Suite 500
Markham
L6G 0B5
Ontario
CANADA
Marketing Authorization Holder: Allergan Inc.
85 Enterprise Blvd, Suite 500
Markham
L6G 0B5
Ontario
CANADA
AMBIENT WEATHER: Recalls Weather Radios Due to Fire Hazard
----------------------------------------------------------
Starting date: August 27, 2015
Posting date: August 27, 2015
Type of communication: Consumer Product Recall
Subcategory: Tools and Electrical Products
Source of recall: Health Canada
Issue: Fire Hazard
Audience: General Public
Identification number: RA-54804
This recall involves Ambient Weather brand weather radios with
model numbers WR-334-U and WR-334A-U. The weather radios are red
and black and measure about 8 inches wide by 4 inches tall by 2
inches deep. "Ambient Weather," "AM/FM/Weather Band Radio" and
"NOAA Weather Radio" are printed in white lettering on the front
of the radio. The radios have a black crank handle on the back, an
antenna on the top, a single LED flashlight on the left side, a
clip on the right side and a cable to charge a smart phone. Model
number WR-334-U or WR-334A-U is printed in the owner's manual.
The AC power adapter is black and has a rounded back. Model number
YHD0500500U is printed on a white sticker on the adapter.
The weather radio's AC power adapter can overheat, posing a fire
hazard.
Neither Health Canada nor Ambient weather has received any reports
of consumer incidents or injuries related to the use of these
products in Canada.
Approximately 10 units were sold in Canada.
The time period sold is unknown.
Manufactured in China.
Distributor: Ambient Weather
Chandler
Arizona
UNITED STATES
Consumers should immediately stop using the product and contact
Ambient Weather to arrange to receive a free replacement adaptor.
For more information, consumers may contact Ambient Weather toll-
free at 1-877-413-8800 between 8:00 a.m. and 3:00 p.m. MT, Monday
through Friday or visit the firm's website .
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/Ac9aF4
AMSTERDAM BREWING: Recalls Blood Orange Radler Products
-------------------------------------------------------
Starting date: August 28, 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: Amsterdam Brewing Co.
Distribution: Ontario
Extent of the product distribution: Retail
CFIA reference number: 10021
Brand name Common name Size Code(s) UPC
---------- ----------- ---- on product ---
----------
Amsterdam Sweetwater 473 ml E0915 6 26824 00015 8
Brewery Squeeze Blood
Orange Radler
ARGENTINA: Urges Appeals Court to Toss Debt Class-Action Ruling
---------------------------------------------------------------
Nate Raymond, writing for Reuters, reported that a U.S. appeals
court signaled it might reverse a judge's decision that expanded a
class action of bondholders suing Argentina over debt in default
since 2002.
Members of a three-judge panel of the 2nd U.S. Circuit Court of
Appeals in New York showed discomfort with a federal judge's
decision to expand the class action over a series of euro-
denominated bonds to cover anyone who held them instead of just
continuous holders of the debt.
The 2nd Circuit on Aug. 10 had reversed U.S. District Judge Thomas
Griesa's similar expansion of eight other class actions against
Argentina, and the country's lawyer, Carmine Boccuzzi, argued on
that the ninth was similarly too broad.
Some judges appeared to accept that argument, questioning how
creditors could receive notice that they could opt out of the
class and how the court could determine who ultimately was covered
by the lawsuit, given secondary-market bond trading.
"How is it going to be possible to ascertain the class when
there's going to be secondary market trading between the opt-out
and judgment dates?" Circuit Judge Reena Raggi asked.
Jason Zweig, a lawyer for the plaintiffs, disputed that
ascertaining who belonged in the class action would be a problem.
The plaintiffs, led by bondholder Henry Brecher, are seeking
damages of EUR68 million ($77.3 million).
The hearing stemmed from long-running litigation by creditors
seeking full repayment on bonds after Argentina's $100 billion
default in 2002.
The country defaulted again in July 2014 after refusing to honor
orders to pay $1.33 billion plus interest to Elliott Management's
NML Capital Ltd and other hedge funds suing over the bonds.
Griesa ordered Argentina in June to pay $5.4 billion to another
500-plus holders of defaulted debt before it could pay the
majority of its creditors.
As part of the litigation, some creditors have tried to pursue
damages as a group in 13 class actions rather than individually.
But Griesa's rulings over the years have often been overturned.
The Aug. 10 ruling reversed his 2014 decision to expand eight
class actions by creditors seeking $700 million.
Circuit Judge Guido Calabresi called the litigation a "mess," and
another panelist expressed frustration with Griesa.
"We have a district judge who is unable or unwilling to do what we
tell him to do," Circuit Judge Richard Wesley said.
BIMBO BAKERIES: Recalls Bread Products Due to Broken Glass
----------------------------------------------------------
Bimbo Bakeries USA has initiated a voluntary regional recall of
certain bread products under the Sara Lee(R), Kroger(R), Bimbo(R),
Nature's Harvest(R), Great Value and L'Oven Fresh(R) brands due to
the possible presence of fragments of glass caused by a broken
light bulb at one of its bakeries.
Recalled products are the fresh bread products listed below with
Best By Date, UPC Code and Bakery Code 1658 that were bought in
the states listed below. The Best By Date can be found on the
lower front/top third of the bag, the Bakery Code is to the left
of the Best By Date. The UPC Code can be found in the bottom right
corner on the back/bottom of the bag.
The company announced the recall after receiving 3 consumer
reports of small pieces of glass found on the outside of the
bread. There are no reports of injury.
All recalled products are being removed from store shelves. No
other products are affected.
Consumers who have purchased the product can return the product to
its place of purchase for a full refund. Consumers with questions
may contact the company at 1-800-984-0989 at any time 24 hours a
day.
RECALLED PRODUCT
Product Name/ Best By UPC Code Bakery States
Description Date -------- Code -------
------------ ------- ------
Kroger 100% Whole SEP 01 111000132 1658 VA
Wheat Round Top
Bread 16 oz
L'Oven Fresh Fit AUG 31 4149821093 1658 GA, NC,
& Active Multigrain SC, VA
Bread 20 oz
Sara Lee 100% Whole SEP 01 7294560134 1658 GA, NC,
Wheat Bread 20 oz SC, VA
Sara Lee Honey Wheat SEP 01 7294560136 1658 GA, NC,
Bread 20 oz SC, VA
Sara Lee 100% Whole SEP 01 7294561103 1658 FL, GA,
Wheat Bread 16 oz NC, SC,
VA
Sara Lee Honey Wheat SEP 01 7294561159 1658 NC, SC,
Bread Twinpack 2 lbs VA
8oz
Sara Lee Delightful AUG 29 7294561169 1658 AL, FL,
Healthy Multi-Grain GA, NC,
Bread Twinpack 2 lbs SC
8 oz
Sara Lee Delightful SEP 01 7294571588 1658 FL, GA,
Healthy Multi-Grain SC
Bread 20 oz
Sara Lee Delightful AUG 29 7294571589 1658 FL, GA,
100% Whole Wheat SC
made with Real Honey
Bread 20oz
Bimbo 100% Whole SEP 01 7432309230 1658 AL, FL,
Wheat Bread 16oz GA, NC,
OH, SC,
TN
Nature's Harvest SEP 01 7870080162 1658 AL, FL,
Stoneground 100% GA, KY,
Whole Wheat Bread MS, NC,
20oz OH, SC,
TN, VA,
WV
Nature's Harvest SEP 01 7870080168 1658 FL, GA,
Stoneground 100% NC, VA
Whole Wheat Bread
twinpack 2 lbs 8oz
Great Value 100% SEP 01 7874207448 1658 NC, VA
Whole Wheat Roundtop
Bread 16oz
Great Value 100% SEP 01 7874236690 1658 NC, SC,
Whole Wheat Bread VA
20oz
BLUE BELL: Consumer Files Class Suit Over Product Recall
-------------------------------------------------------
Carol Ostrow, writing for Louisiana Record, reported that a
Hammond man is suing a dairy manufacturer Blue Bell Creameries,
alleging negligence, redhibition, breach of warranty, and unjust
enrichment in a frozen snack recall notification issue.
Steven J. Leon brought a class action lawsuit against Blue Bell
Creameries Inc. of Baton Rouge in the U.S. District Court of the
Eastern District of Louisiana on Aug. 14 alleging negligence
regarding a March product recall.
According to the complaint, consumers who purchased the
defendant's food products for consumption between March 13 and
April 20 are entitled to damages because the company purportedly
failed to provide adequate notice of the recall of their products.
The lawsuit states that the company posted a recall on its website
on or about March and April but that the dairy business had had
positive test results for a potentially lethal bacterium since
2013.
The suit states that the class members unknowingly paid for ice
cream products containing listeria monocytogenes bacteria that
could negatively impact their health. The plaintiff argues that
due to the health hazard posed by the products, the items were of
no economic value because they had to be discarded; and that he
and others were not notified of an available refund.
According to the suit, the Centers for Disease Control and
Prevention recommended that all impacted Blue Bell products stored
in home or commercial freezers be discarded. The suit states that
the putative class consists of more than 100 members and the
amount in controversy exceeds $5 million.
Leon requests declaratory action; designation of himself as class
representative; judgment including restitution; actual, statutory
and punitive damages; interest; attorneys' fees, expenses; and
court costs. The plaintiff is represented by Philip Bohrer and
Scott Brady of the Bohrer Law Firm in Baton Rouge.
U.S. District Court of the Eastern District of Louisiana Case
2:15-cv-03454-LMA-MBN
BLUE CROSS: Faces Class Suit Over "Unlawful Conduct"
----------------------------------------------------
James Halpin, writing for TheTimes-Tribune, reported that the
former Blue Cross of Northeastern Pennsylvania has engaged in
"blatantly unlawful conduct" by giving away $90 million in surplus
money that should have been used to benefit policyholders, a
class-action lawsuit alleges.
The breach of contract lawsuit, brought by Plains Twp. on behalf
of all current Blue Cross of Northeastern Pennsylvania
policyholders who were subscribers between 2012 and 2014, targets
both Blue Cross and the Wilkes-Barre-based AllOne Foundation and
AllOne Charities, which received $90 million in charitable
contributions shortly before Highmark Inc. closed its merger with
Blue Cross of Northeastern Pennsylvania on June 1.
A statement Highmark released at the time said the money was going
to "support health and wellness efforts across Northeastern
Pennsylvania."
But West Pittston-based attorney Michael J. Cefalo, who is
representing the plaintiffs along with the Philadelphia law firm
Caroselli, Beachler, McTiernan & Coleman, says that as a
nonprofit, Blue Cross should have used that money to help its
ratepayers.
"It's not their money. It belongs to the people who paid the
premiums," Cefalo said. "They have to give that back to the
subscribers."
Highmark spokesman Anthony Matrisciano said the company had not
been served with the suit and does not comment on pending
litigation.
A legal obligation
Plains Twp. joined the lawsuit because many of its employees had
been insured by Blue Cross, township solicitor Stephen Menn said.
The board voted on it out of concern for how the money was being
used, he said.
"We felt it was something that we needed to address on behalf of
the municipality, in the event there was money that should be
applied toward our premium as opposed to being used in some other
fashion," Menn said. "If you're not part of it, you're not going
to get a reduction in costs, and if you are part of it, it doesn't
cost you anything."
The lawsuit asks the court to declare that the $90 million -- just
a portion of the more than $300 million surplus Blue Cross had at
the end of 2013 -- can only be used to benefit policyholders and
cannot be given away. It also seeks unspecified damages for what
the plaintiffs term "BCNEPA's breaches of contract in retaining
over ($40 million) of unlawful underwriting profits."
"The funds which BCNEPA sought to and then gave away are not
assets of BCNEPA freely disposable at the whim of BCNEPA but
rather are held by BCNEPA in trust for the benefit of its
policyholders for the purpose of providing direct benefits to
policyholders," says the lawsuit, which was signed by attorney
David S. Senoff.
The attorneys argue Blue Cross had a legal obligation to act as a
nonprofit because of its own articles of incorporation, which say
the corporation "does not contemplate pecuniary gain or profit,
incidental or otherwise, to its members."
Since the merger with Highmark was announced in February 2014,
Blue Cross of NEPA has "again and again made it clear that it
intended to give away its surplus to charitable organizations
rather than, as required by law, to use such funds to benefit
policyholders," the lawsuit says.
Cefalo said the money should go back to policyholders, either as a
dividend or an alternative benefit such as eliminated co-pays for
doctors' visits or cut costs for prescription drugs.
The suit contends that Blue Cross claims to have an "expert
opinion" justifying the $90 million donation but it "deliberately
has concealed that information from its policyholders (and the
public at large), claiming that it is 'confidential.'"
"Incredibly, BCNEPA engages in such blatant unlawful conduct
despite the fact that BCNEPA has never agreed to any suggestion
that it is a 'charity,'" the complaint says. "Indeed, objecting to
previous attempts to curtail its activities, BCNEPA maintained
that it 'clearly (is) not a charitable organization.'"
Citing what they term the "improper transfer" of the $90 million,
the plaintiffs have filed a motion for a preliminary injunction
seeking a judge to rule the money can't be used in a way at odds
with state law and Blue Cross' articles of incorporation, and also
that the money must be used "for the direct benefit" of Blue Cross
policyholders.
Luzerne County Judge Fred A. Pierantoni III gave the defendants 30
days to respond to the motion and set arguments in the matter for
Oct. 7.
BOARD & RUDISELL: "Burrell" Suit Alleges FLSA Violation
-------------------------------------------------------
Krysta Burrell, and all others similarly-situated v. Board &
Rudisell, Inc. dba Siam Square and Edward J. Rudisell, Case No.
1:15-cv-06328 (S.D. Ind., August 14, 2015), is brought against the
Defendants for failing to comply with the minimum wage
requirements pursuant to the Fair Labor Standards Act.
The Defendants operate a restaurant in Indianapolis, Indiana under
the name of "Siam Square".
The Plaintiff is represented by:
Philip J. Gibbons, Jr., Esq.
GIBBONS LEGAL GROUP, P.C.
3091 E. 98th St., Suite 280
Indianapolis, IN 46280
Tel: (317) 706-1100
Fax: (317) 623-8503
E-Mail: phil@gibbonslegalgroup.com
BONDUELLE USA: Recalls Frozen Corn Products Due to Listeria
-----------------------------------------------------------
Bonduelle USA Inc. of Brockport, NY is recalling 9,335 cases of
frozen corn because it has the potential to be contaminated with
Listeria monocytogenes, an organism which can cause serious and
sometimes fatal infections in young children, frail or elderly
people, and others with weakened immune systems. Although healthy
individuals may suffer only short-term symptoms such as high
fever, severe headache, stiffness, nausea, abdominal pain and
diarrhea, Listeria infection can cause miscarriages and
stillbirths among pregnant women.
The frozen cut corn was distributed to stores in the following
states: New York, New Jersey, Pennsylvania, Vermont,
Massachusetts, Indiana, Ohio, Kentucky, Maryland, Virginia, North
Carolina, Florida, Mississippi and Louisiana.
The affected frozen cut corn was distributed in poly bags under
the following labels and codes:
--- WYLWOOD Super Sweet Whole Kernel Corn, NET WT. 16 OZ (1
LB), UPC 051933002401, Codes: Best By June 2017 K51564 and
K51574;
--- MARKET BASKET Cut Corn, NET WT. 16 OZ. (1 LB.), UPC
049705693414, Code: Best By June 2017 K51574;
Bountiful Harvest WHOLE KERNEL CUT CORN, NET WT. 40 OZ.
(2.5 LBS.), UPC 822486120597, Code: Best By June 2017
K51574;
--- WEST CREEK FROZEN VEGETABLES Cut Corn, NET WT. 2.5 LBS.,
UPC 00806795285239 Code: Best By June 2017 K51574.
The company has not received any complaints in relation to this
product and is not aware of any illnesses associated with the
product to date.
The recall was the result of product being tested at retail by the
State of Tennessee which had tested positive for Listeria
monocytogenes. The company has ceased distribution of the product,
and the company and US Food and Drug Administration (FDA) continue
their investigation as to what caused the problem. The company is
fully cooperating with the FDA.
Consumers who purchased the product are urged not to consume this
product and throw it away. Consumers requiring refund or with
questions may contact the company at 1-877-990-2662, Monday -
Friday, 9 am - 4 pm EST.
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm460635.htm
BUMBLE BEE: Faces "Moore" Suit in Cali. Over PSP-Price Fixing
-------------------------------------------------------------
Colin Moore, on behalf of himself and all others similarly
situated v. Bumble Bee Foods LLC, Tri-Union Seafoods LLC, and
Starkist Company, Case No. 3:15-cv-01911-DMS-NLS (S.D. Cal.,
August 28, 2015), arises from the Defendants' unlawful
combination, agreement and conspiracy to fix, raise, maintain, and
stabilize prices for packaged seafood products (PSPs) within the
United States.
The Defendants are the largest producers of packaged seafood
products in the United States.
The Plaintiff is represented by:
Kimberly A. Kralowec, Esq.
Kathleen Styles Rogers, Esq.
Chad A. Saunders, Esq.
THE KRALOWEC LAW GROUP
44 Montgomery St., Suite 1210
San Francisco, CA 94104
Telephone: (415) 546-6800
Facsimile: (415) 546-6801
E-mail: kkralowec@kraloweclaw.com
krogers@kraloweclaw.com
csaunders@kraloweclaw.com
CACH LLC: "Hazan" Suit Alleges Unfair Debt-Collection Practices
---------------------------------------------------------------
David Hazan, Dolly H. Shukla, and all others similarly situated v.
CACH, LLC and Does 1-10, Case No. 8:15-cv-01296 (C.D. Calif.,
August 14, 2015), is brought against the Defendants for
Defendants' alleged false, deceptive and unfair debt-collection
practices in violation of the Federal Fair Debt Collection
Practices Act and Rosenthal Fair Debt Collection Practices Act.
CACH LLC is a buyer of charged off debt. The Defendant files
thousands of collection lawsuits each year against consumers.
The Plaintiff is represented by:
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
324 S. Beverly Drive, #725
Beverly Hills, CA 90212
Tel: (877) 206-4741
Fax: (866) 633-0228
E-mail: tfriedman@attorneysforconsumers.com
CENTURYLINK COMMUNICATIONS: Sued Over Failure to Pay OT Wages
-------------------------------------------------------------
Lane Grady and James Ellington, on behalf of themselves and all
others similarly situated v. Centurylink Communications, LLC, Case
No. 1:15-cv-00085-SPW (D. Mont., August 28, 2015), is brought
against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standard Act.
Headquartered in New York, Centurylink Communications, LLC, owns
and operates a communications, hosting, cloud and IT services
company.
The Plaintiff is represented by:
Philip McGrady, Esq.
MCGRADY LAW FIRM
P.O. Box 40
Park City, MT 59063
Telephone: (406) 322-8647
Facsimile: (406) 322-8649
E-mail: Philip@mcgradylawfirm.com
CHIPOTLE MEXICAN: Sued in Cal. Over Food Product Misbranding
------------------------------------------------------------
Colleen Gallagher, individually and on behalf of all others
similarly situated v. Chipotle Mexican Grill, Inc., Case No. 3:15-
cv-03952-LB (N.D. Cal., August 28, 2015), arises from the
Defendant's alleged false and misleading representation to
consumers claiming that its food products do not have genetically
modified organisms (GMOs), and its omissions regarding the GMOs
used in certain of the meat and dairy ingredients it uses in its
food products.
Chipotle Mexican Grill, Inc. owns and operates a nationwide chain
of casual Mexican fast-food restaurants that sell four main menu
items: burritos, burrito bowls, tacos, and salads.
The Plaintiff is represented by:
Laurence D. King, Esq.
Linda M. Fong, Esq.
Matthew B. George, Esq.
Mario M. Choi, 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
mgeorge@kaplanfox.com
mchoi@kaplanfox.com
- and -
Frederic S. Fox, Esq.
Donald R. Hall, Esq.
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Telephone: (212) 687-1980
Facsimile: (212) 687-7714
E-mail: ffox@kaplanfox.com
CHRYSLER: Recalls 2500 & 3500 RAM Models Due to Crash Risk
----------------------------------------------------------
Starting date: August 27, 2015
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Safety
Mfr System: Suspension
Units affected: 20603
Source of recall: Transport Canada
Identification number: 2015383TC
ID number: 2015383
Manufacturer recall number: R46
On certain vehicles, the front suspension track bar frame bracket
may have been improperly welded during the manufacturing process.
As a result, bracket welds may break and allow the bracket to
separate from the frame rail. A separated front suspension track
bar frame bracket will cause diminished steering response, which
could affect vehicle handling and increase the risk of a crash
causing injury and/or damage to property. Correction: Dealers will
inspect the front suspension track bar frame bracket. For vehicles
found without a separated front suspension track bar frame bracket
and/or cracked weld(s), additional support brackets will be
installed. For vehicles found with a separated front suspension
track bar frame bracket and/or cracked weld(s), a new front
suspension track bar frame bracket will be welded to the frame.
Make Model Model year(s) affected
---- ----- ----------------------
RAM 2500 2014
RAM 3500 2013
CHRYSLER: Recalls Multiple Dodge 2007 Models
--------------------------------------------
Starting date: August 27, 2015
Type of communication: Recall
Subcategory: Light Truck & Van
Notification type: Safety
Mfr System: Airbag
Units affected: 4504
Source of recall: Transport Canada
Identification number: 2015381TC
ID number: 2015381
Manufacturer recall number: R49
On certain vehicles, the passenger frontal airbag inflator could
produce excessive internal pressure during airbag deployment.
Increased pressure may cause the inflator to rupture, which could
allow fragments to be propelled toward vehicle occupants,
increasing the risk of injury. This could also damage the airbag
module, which could prevent proper deployment. Failure of the
passenger airbag to fully deploy during a crash (where deployment
is warranted) could increase the risk of personal injury to the
seat occupant. Correction: Dealers will replace the front
passenger airbag inflator.
Make Model Model year(s) affected
---- ----- ----------------------
DODGE - 2007
CHRYSLER: Recalls Dodge Dart 2013 Models Due to Crash Risk
----------------------------------------------------------
Starting date: August 27, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Powertrain
Units affected: 3376
Source of recall: Transport Canada
Identification number: 2015382TC
ID number: 2015382
Manufacturer recall number: R42
On certain vehicles, a defect in the Transmission Control Module
(TCM) mounting bracket may cause the printed circuit board solder
joints to separate, resulting in an electrical open circuit in the
TCM. An open circuit in the TCM could cause the transaxle to shift
into "Neutral" without warning. If the transmission shifts into
neutral, the vehicle may experience a loss of motive power,
increasing the risk of a crash causing injury and/or property
damage. Correction: Dealers will replace the Transmission Control
Module and the TCM mounting bracket.
Make Model Model year(s) affected
---- ----- ----------------------
DODGE DART 2013
COOPER VISION: "Bolen-Carson" Suit Alleges Antitrust Violations
---------------------------------------------------------------
Misty Bolen-Carson, and all others similarly-situated v. Cooper
Vision, Inc., Alcon Laboratories, Inc., Bausch + Lomb, Johnson &
Johnson Vision Care, Inc., and ABB Optical Group, Case No. 3:15-
cv-03725 (N.D. Calif., August 14, 2015), seeks to obtain
injunctive relief and to recover damages, including treble
damages, costs of suit and reasonable attorneys' fees arising from
the Defendants' violations of Section 1 of the Sherman Act, the
antitrust laws and unfair competition laws of California.
The Defendants manufacture eye care products, including contact
lenses.
The Plaintiff is represented by:
Kathleen Styles Rogers, Esq.
THE KRALOWEC LAW GROUP
44 Montgomery Street, Suite 1210
San Francisco, CA 94104
Tel: (415) 546-6800
Fax: (415) 546-6801
E-mail: krogers@kraloweclaw.com
- and -
Emily P. Rich, Esq.
WEINBERG, ROGER & ROSENFELD
1001 Marina Village Parkway, Suite 200
Alameda, CA 94501
Tel: (510) 337-1001
Fax: (510) 337-1023
E-mail: erich@unioncounsel.net
- and -
Michael P. Lehmann, Esq.
HAUSFELD LLP
600 Montgomery St., Suite 3200
San Francisco, CA 94111
Tel: (415) 633-1908
Fax: (415) 217-6813
E-mail: mlehmann@hausfeld.com
CR BARD: Faces "Coker" Suit in Ga. Over Bard RECOVERY(R) filter
---------------------------------------------------------------
Jennifer R. Coker and Joel A. Coker v. C.R. Bard, Inc. and Bard
Peripheral Vascular, Inc., Case No. 1:13-cv-00515 (N.D. Ga.,
August 28, 2015), is an action for damages as a result of the
Defendants' failure to electro-polish the Bard RECOVERY(R) filter
prior to completion of the manufacturing process.
The Defendants are developers, manufacturers, and marketers of
innovative, life-enhancing medical technologies in the fields of
Vascular, Urology, Oncology, and Surgical Specialties.
The Plaintiff is represented by:
Wayne Grant, Esq.
Kimberly W. Grant, Esq.
Jonathan A. Parrish, Esq.
WAYNE GRAnt, P.C.
Atlanta Financial Center - North Tower
3353 Peachtree Road, N.E. - Suite 550
Atlanta, Georgia 30326
Telephone: (404) 995-3955
E-mail: wgrant@waynegrant.com
jparrish@waynegrant.com
jparrish@waynegrant.com
DIAGEO: Recalls Smirnoff Ice Products
-------------------------------------
Starting date: August 29, 2015
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Extraneous Material
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Diageo
Distribution: National
Extent of the product distribution: Retail
CFIA reference number: 10009
Brand Common name Size Code(s) UPC
name ----------- ---- on product ---
---- ----------
Smirnoff Peach Bellini 330 ml Bottle code 0 82000-
Ice beginning with 76753 4
L5 204
Smirnoff Peach Bellini 4 x Bottle code 0 82000-
Ice 330 ml beginning with 76754 1
L5 204
Smirnoff Peach Bellini 6 (4 x Bottle code 1 00-
Ice 330 ml) beginning with 82000-
L5 204 76754 8
Smirnoff The Life of 12 x Case code 0 82000-
Ice the Party Pack 330 ml beginning with 77352 8
L5 137, L5 139,
L5 203
Smirnoff The Life of 2 (12 x Case code 1 00-
Ice the Party Pack 330 ml) beginning with 82000-
L5 137, L5 139, 77352 5
L5 203
Smirnoff Refreshing 330 ml Bottle code 0 82000-
Ice Citrus Taste beginning with 76360 4
L5 210
Smirnoff Refreshing 12 x Bottle code 0 82000-
Ice Citrus Taste 330 ml beginning with 75949 2
L5 210
Smirnoff Refreshing 2(12 x Bottle code 100-
Ice Citrus Taste 330 ml) beginning with 82000-
L5 210 75949 9
Smirnoff Green Apple 330 ml Bottle code 0 82000-
Ice beginning with 76013 9
L5 205
Smirnoff Green Apple 4x Bottle code 0 82000-
Ice 330 ml beginning with 76012 2
L5 205
Smirnoff Green Apple 6 (4x Bottle code 100-
Ice 330 ml) beginning with 82000-
L5 205 76012 9
Smirnoff Raspberry 330 ml Bottle code 0 82000-
Ice beginning with 76011 5
L5 205
Smirnoff Raspberry 4x Bottle code 0 82000-
Ice 330 ml beginning with 76010 8
L5 205
Smirnoff Raspberry 6 (4x Bottle code 100-
Ice 330 ml) beginning with 0 82000-
L5 205 76010 5
Smirnoff Watermelon 330 ml Bottle code 0 82000-
Ice Mimosa beginning with 77350 4
L5 206
Smirnoff Watermelon 4x Bottle code 0 82000-
Ice Mimosa 330 ml beginning with 77351 1
L5 206
Smirnoff Watermelon 6 (4x Bottle code 1 00-
Ice Mimosa 330 ml) beginning with 82000-
L5 206 77351 8
Smirnoff Cranberry & 330 ml Bottle code 0 82000-
Ice Lime beginning with 76019 1
L5 205, L5 206
Smirnoff Cranberry & 4 x Bottle code 0 82000-
Ice Lime 330 ml beginning with 76018 4
L5 205, L5 206
Smirnoff Cranberry & 6 (4 x Bottle code 100-
Ice Lime 330 ml) beginning with 82000-
L5 205, L5 206 76018 1
EXELIS INC: Faces "Wilson" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Tyler Wilson, on behalf of himself and on behalf of all others
similarly situated v. Exelis, Inc., Case No. 2:15-cv-00759-LAM-SMV
(D. N.Mex., August 28, 2015), is brought against the Defendant for
failure to pay overtime wages for all hours worked over 40 each
week.
Exelis, Inc. is a company that operates navigation systems, offers
air-traffic services, and processes satellite image information.
The Plaintiff is represented by:
Daniel M. Faber, Esq.
4620C Jefferson Lane NE
Albuquerque, NM 87109
Telephone: (505) 830-0405
E-mail: dan@danielfaber.com
- and -
Don J. Foty, Esq.
John Neuman, Esq.
KENNEDY HODGES, L.L.P.
711 W. Alabama St.
Houston, TX 77006
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: DFoty@kennedyhodges.com
JNeuman@kennedyhodges.com
EXIST INC: "Monsalve" Suit Seeks to Recover Unpaid Overtime Wages
-----------------------------------------------------------------
Carlos Monsalve and other similarly situated individuals v. Exist,
Inc. d/b/a Exist USA and Shaul Ashkenazi, Case No. 0:15-cv-61806-
UU (S.D. Fla., August 28, 2015), seeks to recover unpaid overtime
wages and damages pursuant to the Fair Labor Standard Act.
The Defendants own and operate an online retail store, having its
main place of business in Broward County, Florida.
The Plaintiff is represented by:
R. Martin Saenz, Esq.
Joshua H. Sheskin, Esq.
SAENZ & ANDERSON, PLLC
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 503-5131
Facsimile: (888) 270-5549
E-mail: msaenz@saenzanderson.com
jsheskin@saenzanderson.com
EZCORP INC: Suit Alleges Federal Securities Law Violation
---------------------------------------------------------
John Rooney, and all others similarly-situated v. EZCORP, INC.,
Stuart I. Grimshaw, and Mark E. Kuchenrither, Case No. 1:15-cv-
00700 (W.D. Tex., August 14, 2015), seeks to recover compensable
damages caused by the Defendants' violations of federal securities
law and to pursue remedies under sections 10(b) and 20(a) of the
Securities Exchange Act of 1934.
This is federal securities class action on behalf of all investors
who purchased or otherwise acquired EZCORP securities between
October 27, 2014 and July 16, 2015, inclusive (the "Class
Period").
Specifically, during the Class Period, EZCORP filed financial
statements with the SEC, and publicly disseminated those financial
statements to members of the class, which fraudulently included an
understatement of bad debt expense and an overstatement of accrued
interest revenue in the quarterly and annual periods of fiscal
2014 and the first quarter of fiscal
2015.
EZCORP delivers cash solutions, including pawn loans and consumer
loans, to customers across channels, products, services, and
markets. The Company offers these products through four primary
channels: in-store, online, at the worksite, and through a mobile
platform. The Company also sells merchandise, primarily collateral
forfeited from pawn lending operations and used merchandise
purchased from customers, at its pawn and buy/sell stores and
online.
Defendant Stuart I. Grimshaw was, at all relevant times, Chief
Executive Officer and a director of EZCORP since February 3, 2015.
Additionally, Defendant Grimshaw was Executive Chairman of the
Board of EZCORP until February 3, 2015.
Defendant Mark E. Kuchenrither was, at all relevant times, interim
CEO and a director of EZCORP until February 3, 2015. Additionally,
Defendant Kuchenrither was, at all relevant times, Chief Financial
Officer of EZCORP until May 26, 2015.
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, LLP
3232 McKinney Avenue, Ste 700
Dallas, TX 75204
Tel: (214) 744-3000
Fax: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Jeffrey C. Block, Esq.
BLOCK & LEVITON LLP
155 Federal Street, Suite 400
Boston, MA 02110
Tel: (617) 398-5600
Fax: (617) 507-6020
E-mail: jeff@blockesq.com
FOREST RIVER: Recalls Shasta Trailer Model 016 Due to Crash Risk
----------------------------------------------------------------
Starting date: August 31, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety
Mfr System: Wheels
Units affected: 148
Source of recall: Transport Canada
Identification number: 2015387TC
ID number: 2015387
Certain travel trailers may have been manufactured with the wrong
axle, which could cause the inner sidewall of the tire make
contact with the inside wall of the wheel well. Repeated tire
contact could rupture the tire and damage the brake wiring to the
axle, resulting in a loss vehicle control and/or brake control to
the trailer. This could increase the risk of a crash causing
injury and/or damage to property. Correction: Dealers will replace
the rear axle.
Make Model Model year(s) affected
---- ----- ----------------------
SHASTA 016
GENERAL MILLS: Class Suit Awaits FDA Clarification on PHOs
----------------------------------------------------------
Katy Askew, writing for Just-Food, reported that a federal judge
in California agreed to stay a class action lawsuit over General
Mills' use of partially hydrogenated oils (PHOs) until the US Food
and Drug Administration decides whether its recent ban on the
synthetic ingredient leaves room for its use as an additive in
food products.
Plaintiff Troy Backus has alleged General Mills violated state and
federal law in its use of PHOs, which contain trans fats. However,
in deciding whether the case could progress US District Judge
Thelton Henderson ruled that the FDA's upcoming decision on the
safety of PHOs was pivotal to the case.
"Whether small amounts of trans fats can lawfully be used as a
food additive is a complicated question requiring agency
expertise, and one that the FDA will be reviewing before June of
2018," Henderson said. "The court finds that this question, which
is central to Backus' claims in this case, is therefore properly
left to the FDA's determination under the primary jurisdiction
doctrine."
The FDA had issued a final determination in June, pulling PHOs
from its "generally recognised as safe" list and giving
manufacturers three years to remove the ingredient from their
product.
GRAYSON COUNTY JAIL: Sued Over Violation of Inmates Rights
----------------------------------------------------------
Angela Morris, writing for Texas Lawyer, reported that a criminal
defense lawyer and eight inmates have filed a class action lawsuit
that alleges that the Grayson County Jail's new attorney
visitation policy violates the inmates' constitutional rights to
hire a lawyer.
Sherman solo Pamela McGraw alleges in the lawsuit that the policy
harms her attorney-client relationships and stops her from giving
effective representation.
"The amendments clearly evidence the defendants' actual intent to
regulate and limit the ability of McGraw, and other attorneys, to
practice law and to provide legal advice when solicited to the
detainees," the complaint said. "As a result of the policy
changes, McGraw was prevented from gaining access to the
plaintiffs who had solicited her consultation."
The lawsuit claimed that the defendants conspired to limit
detainees' access to "specific attorneys who are responsive to the
solicitation of detainees at the jail." They wanted to protect
other attorneys from "the perceived 'poaching' by other
attorneys," said the complaint.
The eight inmates claim that the policy has stopped them from
consulting with McGraw.
For example, because McGraw was denied access to inmate-plaintiff
Christy Rodriguez, she "was unable to seek a bond pending appeal,
she was not informed of her rights pertinent to a motion for new
trial, nor was she informed that a claim of ineffective assistance
of counsel must be set out in a motion for new trial so that the
matters of complaint can become part of the record on appeal
within the 30-day period of the district court's retained
jurisdiction," said an Aug. 18 first amended complaint in McGraw
v. Gary, filed in the U.S. District Court for the Eastern District
of Texas in Sherman.
They are suing Grayson County, Sheriff J. Keith Gary, Jail Captain
Kendall "Mark" Hudson and Criminal District Attorney Joe Brown.
"They don't have any business regulating the practice of law,"
said McGraw. "Criminal defendants -- and that is what I do, I
represent them -- are disadvantaged throughout this process. . . .
I think if you are going to go after the goal of law and order,
you need to make sure it applies equally across the board."
But James Tidwell, who represents the defendants, said that the
lawsuit should be dismissed because there hasn't been any
violation. The policy is constitutional and appropriate, he said.
"We don't deny there were policy changes, but they were made in
response to legitimate issues regarding the handling and running
of the jail," said Tidwell, partner in Wolfe, Tidwell & McCoy in
Sherman. "There were concerns about unknown and potentially
unauthorized persons coming in with attorneys, so we didn't have a
way to properly confirm and track who was going into the
visitations with the attorneys. . . . There was some concern by
attorneys who had inmates in the facility about them being
contacted by other attorneys."
Other Allegations
The lawsuit also claimed that: Brown defamed McGraw in a news
article by falsely accusing her of allowing inmates' family to
visit them by posing as McGraw's employees; the jail's law library
policy unreasonably restricts inmates' access to legal materials;
calls between lawyers and inmates are recorded and accessible to
the state; and there is a "culture of lawlessness" in the
sheriff's department, which Brown helped to cultivate.
All of the plaintiffs are suing all of the defendants under 42
U.S. Code Sec. 1983, alleging violations of the First Amendment,
and violations of their rights to due process of law, effective
assistance of counsel and access to the courts. McGraw is suing
all of the defendants for a state law claim of tortious
interference with future contracts. McGraw is suing Brown for
defamation. The eight inmate-plaintiffs also bring a class action
for a group that they estimate to number in the thousands.
H-E-B: Recalls Hill Country 1 Gallon Spring Water Due to Milk
-------------------------------------------------------------
H-E-B has issued a voluntary recall specifically for the Hill
Country Fare One Gallon Spring Water with the Best By date of
December 19, 2015, due to the possible presence of a milk
allergen. People who have an allergy or severe sensitivity to milk
run the risk of a serious or life-threatening allergic reaction if
they consume this product. There have been no consumer complaints
or reports of illness.
H-E-B discovered the issue on September 1, 2015, during quality
assurance product reviews. This recall is specific to one gallon
containers of Hill Country Fare Spring Water with a Best By Date
of December 19, 2015. No other H-E-B or Hill Country Fare products
are impacted by this voluntary recall.
This voluntary recall is specific to stores located in Houston,
Central Texas and the Gulf Coast. All impacted items have been
removed. H-E-B is asking customers that may have purchased the
impacted product to return it to their H-E-B store for a full
refund.
The affected product is:
--- Hill Country Fare Spring Water One Gallon containers with
Best By dates of December 19, 2015
"H-E-B takes every precaution necessary to ensure the integrity
and quality of the products sold in our stores," said Winell
Herron, Group Vice President of Public Affairs and Diversity.
"This voluntary recall has been issued in an abundance of caution
to maintain the highest standards of food safety for our
customers."
Customers who purchased the affected product can return the
product to H-E-B for a full refund. Customers with concerns or
questions may contact H-E-B Customer Relations at 210-938-8357 or
1-800-432-3113 between the hours of 8AM and 5PM CST Monday through
Friday.
HEINZ CANADA: Recalls Pear Green Mango Products Due to Spoilage
---------------------------------------------------------------
Starting date: August 28, 2015
Type of communication: Recall
Alert sub-type: Updated Food Recall Warning
Subcategory: Microbiological - Non harmful (Quality/Spoilage)
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Heinz Canada
Distribution: Alberta, British Columbia, Manitoba, New Brunswick,
Ontario, Quebec, Saskatchewan, Newfoundland and Labrador
Extent of the product distribution: Retail
CFIA reference number: 10011
The food recall warning issued on August 7, 2015 has been updated
to include additional product information. This additional
information was identified during the Canadian Food Inspection
Agency's (CFIA) food safety investigation.
Heinz Canada is recalling Heinz brand Pear Green Bean Mango from
the marketplace due to potential loss of seal, causing spoilage.
Consumers should not consume the recalled product described below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If an infant or child has been fed the product described above,
discontinue use and monitor for symptoms. Consumption of spoiled
food may cause symptoms such as upset stomach, vomiting and
diarrhea. If you have any concerns, please seek medical attention.
There have been no reported illnesses associated with the
consumption of this product.
This recall was triggered by a consumer complaint. The CFIA is
conducting a food safety investigation, which may lead to the
recall of other products. If other products are recalled, the CFIA
will notify the public through updated Food Recall Warnings.
Brand Common name Size Code(s) UPC
name ----------- ---- on product ---
---- ----------
Heinz Pear Green Bean 128 ml 2016 MA 24 0 57000 02991 3
Canada Mango SK 5B24
Pictures of the Recalled Products available at:
http://is.gd/2HFlHZ
HOSPIRA HEALTHCARE: Recalls Mitoxantrone Injection USP
------------------------------------------------------
Starting date: August 27, 2015
Posting date: September 2, 2015
Type of communication: Drug Recall
Subcategory: Drugs
Hazard classification: Type III
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-54906
Affected Products: Mitoxantrone Injection USP
Product may not support the specification results for known
impurity prior to expiry.
Depth of distribution: Hospitals (Including pharmacies)
Affected products: Mitoxantrone Injection USP
DIN, NPN, DIN-HIM
DIN 02244614
Dosage form: Solution
Strength: Mitoxantrone 2 mg/mL
Lot or serial number: B024636AAR
B034636AD
C014636AC
Recalling Firm: Hospira Healthcare Corporation
2600 Alfred Nobel Blvd, Suite 500
Saint-Laurent
H4S 0A9
Quebec
CANADA
Marketing Authorization Holder: Hospira Healthcare Corporation
2600 Alfred Nobel Blvd, Suite 500
Saint-Laurent
H4S 0A9
Quebec
CANADA
ICONIX BRAND: Labaton Sucharow Files Securities Class Action
------------------------------------------------------------
Labaton Sucharow LLP ("Labaton Sucharow") filed a securities class
action lawsuit on August 21, 2015 in the U.S. District Court for
the Southern District of New York. The lawsuit was filed on
behalf of all persons or entities who, between February 20, 2013
and August 7, 2015, inclusive (the "Class Period"), purchased or
otherwise acquired the publicly traded securities of Iconix Brand
Group, Inc. ("Iconix" or the "Company") (NASDAQ:ICON).
Iconix is a brand management company and owner of a diversified
portfolio of global consumer brands across fashion, sports,
entertainment and home segments. The Company's business strategy
is to maximize the value of its brands primarily through strategic
licenses and joint venture partnerships around the world, as well
as to grow the portfolio of brands through strategic acquisitions.
Iconix purchases the licensing rights ("Licensing Rights") to an
existing consumer fashion brand for a fixed acquisition cost (or
cost basis), and licenses the right to use the brand through a
series of agreements with various partners and joint ventures in
exchange for licensing fees.
The complaint charges Iconix and certain of its officers with
violations of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934, and U.S. Securities and Exchange Commission ("SEC")
Rule 10b-5 promulgated thereunder. The complaint alleges that
certain Defendants made false and misleading statements and
concealed material information relating to the Company's
accounting practices. Specifically, Defendants caused securities
issued by Iconix to trade at artificially inflated prices by
underreporting the cost basis of certain Licensing Rights
acquisitions and engaging in irregular accounting practices
related to the booking of its joint venture revenues and profits,
free-cash flow, and organic growth.
The complaint alleges that the true state of the Company's
questionable accounting practices was revealed through a series of
partial disclosures and conspicuously-timed executive
resignations, culminating with the August 10, 2015 announcement
that the SEC was reviewing the Company's "accounting treatment for
the formation of the Company's international joint ventures under
U.S. Generally Accepted Accounting Principles and whether such
joint ventures should potentially have been consolidated in the
Company's historical results." The Company warned that it may
ultimately be forced to reverse certain gains it had recognized on
its historical joint venture transactions and that the specific
amounts that could be reversed as a result of improper accounting
were estimated to be $46.5 million in 2014, $24.6 million in 2013,
and $5.6 million in 2012. As the market reacted to these
disclosures, the price of Iconix's shares fell dramatically,
declining more than 67 percent per share from their Class Period
high closing price.
If you purchased or acquired publicly traded ICON securities
during the Class Period, you are a member of the "Class" and may
be able to seek appointment as Lead Plaintiff. Lead Plaintiff
motion papers must be filed with the U.S. District Court for the
Southern District of New York no later than August 24, 2015. A
lead plaintiff is a court-appointed representative for absent
members of the Class. You do not need to seek appointment as lead
plaintiff to share in any Class recovery in this action. If you
are a Class member and there is a recovery for the Class, you can
share in that recovery as an absent Class member. You may retain
counsel of your choice to represent you in this action.
If you would like to consider serving as lead plaintiff or have
any questions about this lawsuit, you may contact Francis P.
McConville, Esq. of Labaton Sucharow, at (800) 321-0476, or via
email at fmcconville@labaton.com. You can view a copy of the
complaint online at http://www.labaton.com/en/cases/Newly-Filed-
Cases.cfm.
The plaintiff is represented by Labaton Sucharow, which represents
many of the largest pension funds in the United States and
internationally with collective assets under management of more
than $2 trillion. Labaton Sucharow's litigation reputation is
built on its half century of securities litigation experience, 60
full-time attorneys, and in-house team of investigators, financial
analysts, and forensic accountants. Labaton Sucharow has been
recognized for its excellence by the courts and peers, and it is
consistently ranked in leading industry publications. Offices are
located in New York, NY and Wilmington, DE. More information
about Labaton Sucharow is available at www.labaton.com
Francis P. McConville, Esq.
Labaton Sucharow
140 Broadway New York, NY 10005
Telephone: 212-907-0700
Toll- Free 888-753-2796
Fax: 212-818-0477
email: info@labaton.com
IDI INC: Rosen Law Firm Files Securities Class Suit
---------------------------------------------------
The Rosen Law Firm, a global investor rights law firm, announces
the filing of a class action lawsuit on behalf of purchasers of
IDI, Inc. (NYSE:IDI) securities from April 30, 2015 through July
21, 2015, all dates inclusive (the "Class Period"). The lawsuit
seeks to recover damages for IDI investors under the federal
securities laws.
To join the IDI class action, go to the website at
http://www.rosenlegal.com/cases-672.htmlor call Phillip Kim, Esq.
or Kevin Chan, Esq. toll-free at 866-767-3653 or email
pkim@rosenlegal.com or kchan@rosenlegal.com for information on the
class action. The lawsuit is pending in U.S. District Court for
the Southern District of Florida.
NO CLASS HAS YET BEEN CERTIFIED IN THE ABOVE ACTION. UNTIL A CLASS
IS CERTIFIED, YOU ARE NOT REPRESENTED BY COUNSEL UNLESS YOU RETAIN
ONE. YOU MAY ALSO REMAIN AN ABSENT CLASS MEMBER AND DO NOTHING AT
THIS POINT. YOU MAY RETAIN COUNSEL OF YOUR CHOICE.
According to the lawsuit, throughout the Class Period defendants
issued materially false and misleading statements to investors
and/or failed to disclose that: (1) Chairman Michael Brauser was
named as a defendant in multiple civil fraud litigation; (2)
Chairman Michael Brauser was co-owner of a company that filed for
bankruptcy and was sued as an adversary in that bankruptcy
proceeding; and (3) IDI's Transunion lawsuit could render IDI's
stock worthless. When the true details entered the market, the
lawsuit claims that investors suffered damages.
A class action lawsuit has already been filed. If you wish to
serve as lead plaintiff, you must move the Court no later than
September 21, 2015. A lead plaintiff is a representative party
acting on behalf of other class members in directing the
litigation. If you wish to join the litigation, go to
http://www.rosenlegal.com/cases-672.htmlor to discuss your rights
or interests regarding this class action, please contact Phillip
Kim, Esq. or Kevin Chan, Esq. of The Rosen Law Firm toll free at
866-767-3653 or via e-mail at pkim@rosenlegal.com or
kchan@rosenlegal.com.
The Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation.
Laurence Rosen, Esq.
Phillip Kim, Esq.
Kevin Chan, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
www.rosenlegal.com
INSULET CORPORATION: Recalls OmniPod Insulin Management Systems
---------------------------------------------------------------
Insulet Corporation (Insulet or the Company) initiated a lot-
specific voluntary recall of 40,846 boxes (10 Pods per box) of the
OmniPod (Pod) Insulin Management System. This field corrective
action is due to the possibility that some of the Pods from these
lots may have a higher rate of failure than Insulet's current
manufacturing standards. This recall does not affect the OmniPod
Personal Diabetes Manager (PDM).
There are two ways in which these Pods can fail at a rate that is
higher than Insulet's current standard. The cannula may either
completely retract or fail to fully deploy, which may result in
the patient not receiving the expected insulin dose. Or the Pod
may trigger an audible alarm indicating it will no longer deliver
insulin and will need to be replaced. Both situations can result
in the interruption of insulin delivery that can cause
hyperglycemia, which, if left untreated, can result in diabetic
ketoacidosis (DKA).
The affected Pod lots have resulted in 90 Medical Device Reports
of which 13 required medical intervention. No serious injuries or
deaths have been reported in patients using OmniPod devices from
the affected lots.
Please check to determine if you have Pods from any of the lots
listed below. The lot number is located on the Pod tray lid label
and is also laser etched on the side of each individual Pod. The
lot number is also located on the box of OmniPods. Consumers who
have Pods from the affected lots should stop using them and return
the pods for replacement.
The following OmniPod lots have been voluntarily recalled:
Distribution Catalog Number Description Lot Number
------------ ------------- ----------- ----------
United States POD-ZXP420 OmniPod(R) Insulin L40806
Management System L40811
L40895
L40976
L41014
L41025
L41067
L41162
L41171
L41197
L41198
L41250
International 14810 OmniPod(R) Insulin L40771
Management System L40892
L40901
L40905
L40997
L41199
L41208
OmniPods from the affected lots were distributed to customers from
December 2013 to March 2015.
Insulet has notified its distributors and customers by email,
FedEx, and phone calls and is arranging for return and replacement
of all recalled product. Consumers with questions may contact the
Company via telephone at 1-855-407-3729 at any time.
Insulet has notified all applicable regulatory agencies of this
voluntary action, including U.S. Food and Drug Administration and
the Competent Authorities in Austria, Germany, Italy, Netherlands,
Norway, Sweden, Switzerland and the UK.
Adverse reactions or quality problems experienced with the use of
this product may be reported to the FDA's MedWatch Adverse Event
Reporting program either online, by regular mail or by fax.
Complete and submit the report Online:
www.fda.gov/medwatch/report.htm.
Regular Mail or Fax: Download form
www.fda.gov/MedWatch/getforms.htm or call 1800-332-1088 to request
a reporting form, then complete and return to the address on the
pre-addressed form, or submit by fax to 1-800-FDA-0178.
INTERNAL REVENUE: Faces Data Breach Class Suit
----------------------------------------------
McCuneWright, LLP, along with other firms, filed a class action
complaint against the Internal Revenue Service for damages
resulting from a cyber-breach of IRS systems and theft of identity
and financial information of approximately 330,000 taxpayers
earlier.
"As custodians of taxpayer information, the IRS has failed in its
obligation to protect the personal and sensitive information of
hundreds of thousands of taxpayers, their spouses and families,"
said Richard McCune, partner of the Inland Empire's premier
complex litigation firm, McCuneWright, LLP, and a national
spokesperson on privacy and data breach issues. "Furthermore, the
breach and theft occurred after repeated warnings over the course
of several years regarding the lax computer security system."
Citing recommendations issued by the Treasury Inspector General
for Tax Administration (TIGTA) and testimony from a June hearing
before the U.S. Senate Finance Committee, the complaint alleges
that the theft of personal identification information (PII) was
made possible due to the IRS ignoring known security deficits in
its data storage system. It also states that "the IRS generally
knew that its systems would be a target for cyber-criminals" due
to massive data breaches at major U.S. companies over the past
several years; the IRS specifically knew its "cyber-security
measures were inadequate"; "the IRS deliberately and intentionally
chose not to implement appropriate security" to guard the taxpayer
information; and the breach caused damage to the plaintiffs and
putative class.
At a U.S. Senate Finance Committee hearing on June 2 regarding the
breach, Senator Ron Wyden (D-Oregon) stated that "the thieves who
steal taxpayer information could wipe out people's life savings
and leave them in financial ruin. They could falsify tax returns
or further down the road. They could take out huge, fraudulent
home or student loans."
At the same hearing, panel Chairman Orrin Hatch (R-Utah) told IRS
Commissioner John A. Koskinen, who is also named as a defendant in
the suit, that his agency "failed" these taxpayers "and their
families, [who] must now begin the long and difficult process of
repairing their reputations. And they must do so with the
knowledge that the thieves who stole their data will likely try to
use it to perpetrate further fraud against them."
Based on Koskinen's congressional testimony, the suit adds, the
security breach was not related to the financial resources
available to the agency, but rather a deliberate decision to not
implement the security measures recommended by GAO and TIGTA and,
reportedly, by its own employees.
The breach traces to the Get Transcript application used by
taxpayers to obtain approximately 23 million copies of recently
filed tax information during the 2015 filing season. According to
the suit, during the middle of May, IRS' cyber-security team
noticed unusual activity on the Get Transcript application. As a
result, the IRS shut down the Get Transcript application on May
21. Koskinen reported at the hearing that investigation efforts
revealed approximately 200,000 suspicious attempts to gain access
to taxpayer information on the app were made between mid-February
and mid-May, with more than half being successful. The IRS
announced that the theft was much worse than originally thought,
revising the number of successfully stolen forms to 330,000.
The cyber-criminal has access to each victim's full tax
transcript, including identification information, social security
numbers of the spouse and children, prior and current W2 forms,
income, holdings, and other information -- essentially, enough to
fraudulently file for a tax refund under the taxpayer's
identification.
Richard McCune is available to talk with reporters about the case
and how it could affect all taxpayers and the IRS going forward.
McCuneWright, LLP has long been involved in advocating on behalf
of Southern California consumers and holding large organizations
accountable for their products and business practices. The firm
is involved in a number of lawsuits dealing with privacy issues,
including recently filing a lawsuit against UCLA Health System.
The IRS complaint was filed in conjunction with Abbott Law Group,
P.A., of Jacksonville, Florida; Morgan & Morgan, of Tampa,
Florida; and Rhine Law Firm, P.C., of Wilmington, North Carolina.
Additional information regarding the IRS case, including a copy of
the class action complaint, is available at www.mccunewright.com
Jack Boren, Esq.
McCuneWright, LLP
2068 Orange Tree Lane, Suite 216 Redlands, CA 92374
Phone: 909.557.1250
Fax: 909.557.1275
Email: info@mccunewright.com
INTERNATIONAL BUSINESS: Action Alleges Breach of Fiduciary Duties
-----------------------------------------------------------------
Michael Cohn, and all others similarly-situated v. Justin C.
Dearborn, Michael W. Ferro, Jr., Michael P. Cole, William J.
Devers Jr., Matthew M. Maloney, Richard A. Reck, Neele E. Stearns,
Jr., International Business Machines Corp., and Datong Acquisition
Corp., Case No. 2015CH12218 (Ill. Cir., August 14, 2015), is
brought against the Defendants for allegedly breaching their
fiduciary duties to the stockholders of Merge Healthcare
Incorporated ("Merge").
This matter arises out of the Individual Defendants' agreement to
sell Merge via an unfair process and for unfair consideration to
IBM (the "Proposed Acquisition").
Justin C. Dearborn is Merge's CEO and has been since August 2013,
previously serving in the role from June 2008 until November 2010;
Chief Executive Officer of Merge DNA and has been since May 2012;
Corporate Secretary and has been since May 2013; President and has
been since November 2010; and director since his original
appointment as CEO in June 2008.
Michael W. Ferro, Jr. is Merge's Chairman of the Board and
director and has been since November 2014. Defendant Ferro
previously served as Chairman of the Board and director from June
2008 until August 2013.
Michael P. Cole is a Merge director and has been since April 2015.
William J. Devers Jr. is a Merge director and has been since
February 2014.
Matthew M. Maloney is a Merge director and has been since August
2012.
Richard A. Reck is a Merge director and has been since April 2003.
Neele E. Stearns, Jr. is a Merge director and has been since June
2008.
IBM is a New York corporation with principal executive offices
located at 1 New Orchard Road, Armonk, New York. IBM creates value
for clients through integrated solutions and products that
leverage data, information technology, deep expertise in
industries and business processes, and a broad ecosystem of
partners and alliances.
Datong Acquisition Corp. ("Merger Sub") is a Delaware corporation
and a wholly owned subsidiary of defendant IBM. Upon completion of
the proposed acquisition, defendant Merger Sub will merge with and
into Merge and cease its separate corporate existence.
The Plaintiff is represented by:
Norman Rifkind, Esq.
LASKY & RIFKIND, LTD.
351 W. Hubbard Street, Ste. 401
Chicago, IL 60654
Tel: (312) 634-0057
Fax: (312) 634-0059
E-mail: rifkind@laskyrifkind.com
- and -
Brian J. Robbins, Esq.
ROBBINS ARROYO LLP
600 B Street, Ste. 1900
San Diego, CA 92101
Tel: (619) 525-3990
Fax: (619) 525-3991
IPC HEALTHCARE: Faces "Smukler" Action Over Team Health Deal
------------------------------------------------------------
Andrew Smukler, and all others similarly-situated v. IPC
Healthcare, Inc., Mark J. Brooks, Thomas P. Cooper, Francesco
Federico, Woodrin Grossman, Adam D. Singer, C. Thomas Smith, R.
Jeffrey Taylor, Chuck Timpe, Robert M. Wachter, Team Health
Holdings, Inc., and Intrepid Merger Sub, Inc., Case No. 11392
(Del. Ch., August 14, 2015), is brought against the Defendants to
enjoin a proposed transaction announced on August 4, 2015,
pursuant to which IPC will be acquired by Team Health Holdings,
Inc. ("Parent"), and Parent's wholly-owned subsidiary, Intrepid
Merger Sub, Inc. (together with Parent, "Team Health").
Plaintiff brings this action as a class action, pursuant to Court
of Chancery Rule 23, on behalf of himself and the other public
stockholders of IPC (the "Class").
According to the complaint, in approving the Merger Agreement, the
Individual Defendants breached their fiduciary duties to plaintiff
and the Class. Moreover, as alleged herein, IPC and Team Health
aided and abetted the Individual Defendants' breaches of fiduciary
duties.
Plaintiff seeks enjoinment of the Proposed Transaction or,
alternatively, rescission of the Proposed Transaction in the event
defendants are able to consummate it.
The Individual Defendants served as directors and/or officers of
IPC Healthcare.
IPC Healthcare is one of the largest suppliers of outsourced
healthcare professional staffing and administrative services to
hospitals and other healthcare providers in the United States,
based upon revenues, patient visits, and number of clients.
Hospitalist medicine is organized around inpatient care, delivered
primarily in acute care hospitals, and post-acute medicine is
delivered primarily in skilled nursing facilities.
JANSSEN RESEARCH: Accused of Wrongful Conduct Over Xarelto Drugs
----------------------------------------------------------------
Louisiana Health Service and Indemnity Company d/b/a Blue Cross
and Blue Shield of Louisiana and Allied Services Division Welfare
Fund, on behalf of themselves and all others similarly situated v.
Janssen Research & Development, LLC f/k/a Johnson and Johnson
Pharmaceutical Research and Development LLC, et al., Case No.
2:15-cv-03913 (E.D. Lo., August 28, 2015), is an action for
damages suffered by the Plaintiff as a proximate result of the
Defendant's alleged negligent and wrongful conduct in connection
with the design, testing, and labeling, of Xarelto.
Xarelto is prescribed to reduce the risk of stroke and systemic
embolism in patients with non-valvular atrial fibrillation, to
treat DVT and PE, to reduce the risk of recurrence of DVT and PE,
and for prophylaxis of DVT for patients undergoing hip and knee
replacement surgery.
Janssen Research & Development, LLC is involved in the research,
development, sales, and marketing of pharmaceutical products.
The Plaintiff is represented by:
James R. Dugan II, Esq.
Douglas R. Plymale, Esq.
David B. Franco, Esq.
Lanson Bordelon, Esq.
L. Scott Joanen, Esq.
THE DUGAN LAW FIRM, APLC
One Canal Place
365 Canal Street, Suite 1000
New Orleans, LO 70130
Telephone: (504) 648-0180
Facsimile: (504) 648-0181
E-mail: jdugan@dugan-lawfirm.com
dplymale@dugan-lawfirm.com
dfranco@dugan-lawfirm.com
lbordelon@dugan-lawfirm.com
sjoanen@dugan-lawfirm.com
- and -
Art Sadin, Esq.
SADIN LAW FIRM, P.C.
121 E. Magnolia Street, Suite 102
Friendswood, TX 77546
Telephone: (281) 648-7711
Facsimile: (281) 648-7799
E-mail: asadin@sadinlawfirm.com
K & D GROUP: Faces "Jackson" Suit Over Failure to Pay Overtime
--------------------------------------------------------------
Tyisha D. Jackson, and all other employees or former employees of
the defendant, similarly- situated v. K & D Group Home, Inc. and
Katie M. Smith, Case No. 5:15-cv-01494-AKK (N.D. Ala., August 28,
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 home care facility located at
4420 Sherwin Road, Willoughby, OH 44094
The Plaintiff is represented by:
Teri Ryder Mastando, Esq.
Eric J. Artrip, Esq.
MASTANDO & ARTRIP, LLC
301 Washington St., Suite 302
Huntsville, AL 35801
Telephone: (256) 532-2222
Facsimile: (256) 513-7489
E-mail: teri@mastandoartrip.com
artrip@mastandoartrip.com
K BREAD: "Hernandez" Suit Seeks to Recover Unpaid OT Wages
----------------------------------------------------------
Nereo Rodriguez-Hernandez, individually and on behalf of all other
persons similarly situated v. K. Bread & Company Inc. d/b/a Bread
& Company and Alexander Kim, Case No. 1:15-cv-06848 (S.D.N.Y.,
August 28, 2015), seeks to recover unpaid overtime wages and
damages pursuant to the Fair Labor Standard Act.
The Defendants own and operate a limited-service restaurant
located at 425 Madison Avenue, New York, New York.
The Plaintiff is represented by:
John M. Gurrieri, Esq.
Brandon D. Sherr, Esq.
Justin A. Zeller, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007-2036
Telephone: (212) 229-2249
Facsimile: (212) 229-2246
E-mail: jmgurrieri@zellerlegal.com
bdsherr@zellerlegal.com
jazeller@zellerlegal.com
KENA PAINTING: "Ramirez" Suit Seeks to Recover Unpaid OT Wages
--------------------------------------------------------------
Eduardo Ramirez, Manlio Lazo, Orlando Parra, Erick Busillo and
other similarly situated painters v. Kena Painting Corp. and
Waldina L. Najera, Case No. 31441935 (D. Fla., August 28, 2015),
seeks to recover unpaid overtime and minimum wages, an additional
equal amount as liquidated damages, obtain declaratory relief, and
reasonable attorneys' fees and costs pursuant to the Fair Labor
Standard Act.
The Defendants own and operate a construction company in Miami
Dade Florida.
The Plaintiff is represented by:
Jason S. Remer, Esq.
Brody M. Shulman, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305)416-5000
Facsimile: (305) 416-5005
E-mail: jremer@rgpattorneys.com
bshulman@rgpattorneys.com
KINDER MORGAN: Fails to Pay Employees OT, "Briones" Suit Claims
---------------------------------------------------------------
Brandon Briones, on behalf of himself and on behalf of all others
similarly situated v. Kinder Morgan, Inc., Case No. 4:15-cv-02499
(S.D. Tex., August 28, 2015), is brought against the Defendant for
failure to pay overtime wages for all hours worked over 40 in a
workweek.
Kinder Morgan, Inc. owns and operates pipelines and chemical
terminals in the Unites States.
The Plaintiff is represented by:
Don J. Foty, Esq.
KENNEDY HODGES, L.L.P.
711 W. Alabama St.
Houston, TX 77006
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: DFoty@kennedyhodges.com
L&W SUPPLY: Faces "Ayala" Suit Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Juan Ayala, on behalf of himself and other aggrieved employees v.
L&W Supply Corporation and Does 1 through 100, Case No. 115-cv-
285005 (D. Cal., August 28, 2015), is brought against the
Defendants for failure to pay the proper rate of overtime in
violation of the California Labor Code.
L&W Supply Corporation is a Delaware corporation employing drivers
to transport building supplies.
The Plaintiff is represented by:
Timothy D. Cohelan, Esq.
Isam C. Khoury, Esq.
Michael D. Singer, Esq.
Kimberly D. Neilson, Esq.
COHELAN KHOURY & SINGER
605 C. Street, Suite 200
San Diego, CA 22101
Telephone: (619) 595-3001
Facsimile: (619) 595-300
E-mail: tcohelan@ckslaw.com
ikhoury@ckslaw.com
msinger@ckslaw.com
- and -
Sahag Majarian, Il, Esq.
LAW OFFICES OF SAHAG MAJARJAN II
18250 Ventura Blvd.
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
LGS INDUSTRIES: Recalls Light Trailers
--------------------------------------
Starting date: August 27, 2015
Type of communication: Recall
Subcategory: Light Trailer
Notification type: Safety
Mfr System: Structure
Units affected: 192
Source of recall: Transport Canada
Identification number: 2015385TC
ID number: 2015385
On certain trailers with a GVWR rating of 5,000 pounds or less,
using a 2" A Frame coupler, the latch set nut on the underside of
the locking mechanism on some of the couplers may have been over-
tightened during manufacturing. If the external locking mechanism
latch is not fully engaged, it could allow the coupler to
disengage while the trailer is in transit. A towed unit separating
from the towing vehicle could strike another vehicle, stationary
object, or bystander, causing injury and/or damage to property.
Correction: Dealers will inspect the A-Frame coupler, and repair
as necessary.
MADISON CO: Bid Rigging Victims Can Pursue Class Action
-------------------------------------------------------
Madison Record.com, reported that victims of bid rigging in the
Madison County courthouse can pursue a class action, Fifth
District appellate judges decided on Aug. 17.
Justices Richard Goldenhersh and Bruce Stewart denied a petition
from the county to review a class certification order from the
county's circuit court.
Justice James Moore would have granted review.
Clinton County Associate Judge William Becker, presiding in
Madison County by special appointment, certified the class action
in June.
Plaintiffs claim property owners paid more than $2 million in
excess interest on delinquent taxes due to corruption at auctions
from 2005 to 2008.
They seek damages from the county and former treasurer Fred
Bathon, who served time in federal prison for leading the
conspiracy.
They also seek damages from tax buyers Scott McLean, Barrett
Rochman, and John Vassen, who pleaded guilty and went to prison.
They further seek damages from five other tax buyers and their
companies, and from auctioneer Jim Foley.
The Fifth District decision pleased current county treasurer Kurt
Prenzler, who said victims should receive restitution.
He said the county could settle the case and try to recover the
money from Bathon and his cronies.
"It's time for state's attorney Tom Gibbons and county board
Chairman Alan Dunstan to get on the right side of this issue and
help the defrauded homeowners," Prenzler said in a statement.
"Gibbons and Dunstan should stop protecting the tax buyers who
benefited financially."
In response, Gibbons issued a statement saying that Madison County
taxpayers "should not be forced to pay restitution for the crimes
of Fred Bathon and his criminal co-conspirators, as Mr. Prenzler
is recommending."
He said he could not imagine "how anyone who is fighting to
protect our citizens and their hard-earned money could think that
taxpayers -- not the criminals -- should be on the hook for
damages in this case. That's the kind of nonsense you might expect
to hear in Springfield or Washington D.C., but it makes no sense
here in Madison County.
Gibbons also suggested that if Prenzler's ideas were adopted it
could result in "a jackpot of attorney's fees being paid from
taxpayer money directly into the pocket of Mr. Prenzler's chief
political advisor Don Weber."
Weber is among counsel for the proposed class of distressed
property owners.
"Madison County officials have always agreed that the victims of
Fred Bathon and his criminal co-conspirators should receive a full
measure of justice, but that restitution to the victims should
only come out of the pockets of the criminals -- not out of the
pockets of hard-working Madison County taxpayers, as Mr. Prenzler
is recommending," Gibbons added.
U.S. Attorney Stephen Wigginton could have sought restitution from
Bathon and tax buyers, but declared it was impracticable to
calculate damages.
Property owners then sued for restitution, and Becker's class
certification order placed them in a powerful position.
Four private lawyers helped Gibbons write the county's petition
for review.
"The county is not alleged to have been involved in the Bathon
scheme or alleged to be a conspirator," they wrote.
They wrote that the county received no benefit from Bathon's
conduct, and that it simply passed the money on to the tax buyers.
They also wrote that determining damages would require extensive
analysis of every parcel, and they relied on Wigginton's decision
for their authority.
"The Government explained that tax buyers selectively purchase tax
liens based upon a number of subjective variables, such as the
location of the property, the state of repair of the structure on
the land, the homeowner's payment history, the size of the tax
bill, the assessed value of the property, the real estate market
where the property is located, along with many other factors,"
they wrote.
They separately petitioned for review on behalf of auctioneer
Foley, pleading that he wasn't the one who picked the winners.
Class counsel Paul Grote of Clayton, Mo., answered that
differences in individual damages don't defeat common questions of
law and fact.
"The conspiracy as confessed by some of the defendants, and which
will need to be proven against the remaining defendants,
essentially removed the factors from the sales process that the
defendants now rely upon to argue against certification of the
class," Grote wrote.
He wrote that Prenzler disagreed with Wigginton's conclusion that
damages were too difficult to calculate.
MERGE HEALTHCARE: Faces "Federman" Suit Over Prop. IBM Takeover
---------------------------------------------------------------
William Federman, on behalf of himself and all others similarly
situated v. Merge Healthcare Incorporated, et al., Case No. 11445
(D. Del., August 28, 2015), is brought on behalf of all the public
stockholders of Merge Healthcare Incorporated to enjoin the
Board's agreement to sell the Company to International Business
Machines Corporation for an unfair price and inadequate
consideration.
Merge Healthcare Incorporated develops and markets clinical
software applications and development tools that facilitate the
sharing of medical imaging.
International Business Machines Corporation provides information
technology products and services worldwide.
The Plaintiff is represented by:
Ryan M. Ernst, Esq.
Daniel P. Murray, Esq.
O'KELLY ERNST &BIELLI, LLC
901 North Market Street, Suite 1000
Wilmington, DE 19801
Telephone: (302) 778-4000
Facsimile: (302) 295-2873
E-mail: rernst@oeblegal.com
dmurray@oeblegal.com
- and -
Richard A. Acocelli, Esq.
Michael A. Rogovin, Esq.
Kelly C. Keenan, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Telephone: (212) 682-3025
E-mail: racocelli@weisslawllp.com
mrogovin@weisslawllp.com
kkeenan@weisslawllp.com
MIDOR'S VALET: Sued in Ill. Over Failure to Pay Minimum Wages
-------------------------------------------------------------
Jonathan Pichler and Adam Szatko, individually and on behalf of
others similarly situated v. Midor's Valet, Inc. and Michael
Midor, Case No. 1:15-cv-07583 (N.D. Ill., August 2, 2015), is
brought against the Defendants for failure to pay their employees
the minimum wage in violation of the Fair Labor Standard Act.
Midor's Valet, Inc. provides valet services for various restaurant
and entertainment venues around the Greater-Chicago area.
The Plaintiff is represented by:
Matthew J. Piers, Esq.
Joshua Karsh, Esq.
Christopher J. Wilmes, Esq.
HUGHES SOCOL PIERS RESNICK & DYM, LTD.
70 W. Madison St., Suite 4000
Chicago, IL 60602
Telephone: (312) 580-0100
MITSUBISHI: Recalls 2014 Lancer Models Due to Injury Risk
---------------------------------------------------------
Starting date: August 28, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Brakes
Units affected: 340
Source of recall: Transport Canada
Identification number: 2015386TC
ID number: 2015386
Manufacturer recall number: SR15-009
On certain vehicles, the right parking brake cable may have been
incorrectly installed resulting in insufficient clearance with the
fuel tank, causing abrasive contact between the two components.
This contact could result in the coating on the fuel tank
deteriorating and allowing rust to form, which could result in
fuel leakage. Fuel leakage, in the presence of an ignition source,
could result in a fire causing injury and/or damage to property.
Correction: Dealers will replace the right parking brake cable and
inspect the fuel tank. If the fuel tank's exterior coating is
damaged from contact with the parking brake cable, the fuel tank
will also be replaced.
Affected products
Make Model Model year(s) affected
---- ----- ----------------------
MITSUBISHI LANCER EVOLUTION 2014
MITSUBISHI LANCER RALLIART 2014
NHA TRANG: Recalls Meat Ball and Roll Products Due to Allergens
---------------------------------------------------------------
Starting date: August 28, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Other, Allergen - Wheat
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Nha Trang Deli Inc.
Distribution: British Columbia
Extent of the product distribution: Retail
CFIA reference number: 10015
Nha Trang Deli Inc. is recalling Nha Trang Deli Inc. brand meat
balls and rolls from the marketplace because they contain anchovy
and wheat which are not declared on the label. People with an
allergy to anchovy or wheat, or sensitivity to gluten should not
consume the recalled products described below.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If you have an allergy to anchovy or wheat, or sensitivity to
gluten, do not consume the recalled products as they may cause a
serious or life-threatening reaction.
There have been no reported reactions associated with the
consumption of these products.
This recall was triggered by a consumer complaint. 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.
Brand Common name Size Code(s) UPC
name ----------- ---- on product ---
---- ----------
Nha Trang Beef Balls 454 g All codes where 6 20937 00001 2
Deli Inc. anchovy and
wheat are not
declared on the
label
Nha Trang Pork Balls 454 g All codes where 6 20937 00003 6
Deli Inc. anchovy and
wheat are not
declared on the
label
Nha Trang Chicken 454 g All codes where 6 20937 00002 9
Deli Inc. Balls anchovy and
wheat are not
declared on the
label
Nha Trang Pork Roll 454 g All codes where 6 20937 00004 3
Deli Inc. anchovy and
wheat are not
declared on the
label
Nha Trang Fried Pork 454 g All codes where 6 20937 00005 0
Deli Inc. Roll anchovy and
wheat are not
declared on the
label
Pictures of the Recalled Products available at:
http://is.gd/FQKByb
ONE MINUTE: Recalls Dietary Supplements Due to Phenolphthalein
--------------------------------------------------------------
The One Minute Miracle Inc. is voluntarily recalling one lot each
of Miracle Diet 30, capsules and Miracle Rock 48.
Miracle Diet 30 has been found to contain undeclared
phenolphthalein, phenolphthalein was an ingredient used in over-
the counter laxatives but was removed from the market because of
concerns of carcinogenicity. There is a reasonable probability
that the health risks of long term phenolphthalein consumption
could include serious gastrointestinal disturbances, irregular
heartbeat, and cancer with long term use.
Miracle Diet 30 capsules is marketed as a dietary supplement to
support appetite control and lose weight and is packaged in 30-
count plastic bottles. The affected Miracle Diet 30 Lot Number
150416, Expiration 04/15/2018. Product was distributed via
internet nationwide in the United States.
Miracle Rock 48 has been found to contain undeclared
thiosildenafil, thiosildenafil is an analogue of sildenafil which
is an approved drug used for the treatment of male sexual
enhancement. Based on the similarity of chemical structures
thiosildenafil, the analogue of sildenafil is likely to have a
similar pharmacological effect as sildenafil and there is a
reasonable probability that concomitant use of this dietary
supplement and nitrates could cause a sudden and significant drop
in blood pressure that may be life threatening.
Miracle Rock 48 is capsules is marketed as a dietary supplement
for male sexual enhancement and is packaged in two blister
packages of 2-count capsules, 4 capsules per box. The affected
Miracle Rock 48 Lot Number 20150602, Expiration 06/01/2018.
Product was distributed via internet nationwide in the United
States.
These undeclared ingredients make Miracle Diet 30 and Miracle Rock
48 unapproved drugs.
The company has received no reports of illness associated with
these products to date.
In addition to the voluntary recall of the above products, The One
Minute Miracle Inc. has chosen to voluntarily withdraw the
following products from the marketplace to provide its customers
with the certainty of safety. Those products include all sizes and
lots of Miracle Cholesterol, Miracle Night Time, Miracle Joint-
Flex, Miracle Stud 72, Miracle Magic Man, Male Mint Gum, Miracle
48 Hrs, Miracle Magic Woman, Miracle Cougar, Miracle Cougar Gum,
Miracle Cougar G-Spot, Miracle G-Spot, Vagina Rejuvenation,
Miracle Anti-Wrinkle, Miracle Stud Delay, Miracle Male Stud Spray,
Miracle Male Stud Coffee, Miracle Male Coffee, Male 10, Miracle
Male Stud Sublingual, Male 72 Hr, Miracle Tongue Sublingual,
Miracle Tongue and Master Blaster.
The One Minute Miracle is notifying its customers via U.S. Postal
Service and is arranging for return of recalled products.
Consumers that have Miracle Diet 30 and/or Miracle Rock 48 which
are being recalled should stop using and return product(s)
immediately to: The One Minute Miracle Inc. 3322 NE 166 Street,
North Miami Beach, FL 33160
Consumers with questions regarding this recall can contact The One
Minute Miracle Inc. by phone (305)947-6244 or email
theoneminutemiracle@gmail.com Monday through Friday, 9:00am
through 5:00pm EST. Consumers should contact their physician or
healthcare provider if they have experienced any problems that may
be related to taking or using this drug product.
Adverse reactions or quality problems experienced with the use of
this product may be reported to the FDA's MedWatch Adverse Event
Reporting program either online, by regular mail of by fax.
Complete and submit the report Online:
http://www.fda.gov/medwatch/report.htmdisclaimer icon Regular
Mail or Fax: Download form
http://www.fda.gov/MedWatch/getforms.htmor call 1-800-FDA-0178.
This recall is being conducted with the knowledge of the U.S. Food
and Drug Administration.
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm460108.htm
PEI WEI: "Aranda" Suit Seeks to Recover Unpaid Wages & Damages
--------------------------------------------------------------
Martha Aranda, and other similarly situated individuals v. Pei Wei
Asian Diner, LLC and Ralph Bower, Case No. 31443325 (D. Fla.,
August 28, 2015), seeks to recover unpaid overtime and minimum
wage compensation, an additional equal amount as liquidated
damages, obtain declaratory relief, and reasonable attorneys' fees
and costs pursuant to the Fair Labor Standard Act.
The Defendants own and operate a restaurant in Miami Dade County,
Florida.
The Plaintiff is represented by:
Jason S. Remer, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305)416-5000
Facsimile: (305) 416-5005
E-mail: jremer@rgpattorneys.com
RENTECH NITROGEN: Faces "Mustard" Suit Over Proposed CVR Takeover
-----------------------------------------------------------------
Mike Mustard, individually and on behalf of all others similarly
situated v. Rentech Nitrogen Partners, L.P., et al., Case No.
11446 (D. Del., August 28, 2015), is brought on behalf of all the
public unit-holders of Rentech Nitrogen Partners, L.P. to enjoin
the proposed acquisition of Rentech Nitrogen by CVR Partners, L.P.
by means of a flawed process and for an inadequate price.
Rentech Nitrogen Partners, L.P. is a Delaware master limited
partnership that owns and operates two fertilizer facilities: one
in East Dubuque, Illinois and one in Pasadena, Texas.
CVR Partners, L.P. is a Delaware limited partnership that focuses
primarily on the manufacture of nitrogen fertilizers.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
- and -
Shane T. Rowley, Esq.
LEVI & KORSINSKY, LLP
30 Broad Street, 24th Floor
New York, NY 10004
Telephone: (212) 363-7500
E-mail: srowley@zlk.com
ROBERT BOSCH: Recalls Rotary Tools Due to Injury Hazard
-------------------------------------------------------
Starting date: August 26, 2015
Posting date: August 26, 2015
Type of communication: Consumer Product Recall
Subcategory: Electronics
Source of recall: Health Canada
Issue: Physical Hazard
Audience: General Public
Identification number: RA-54734
This recall involves the Dremel(R) MICRO(TM) Model 8050 Rotary
Tool with date codes 407 through 505. The model and serial numbers
as well as the date codes are located on the name plate of the
product, which is on the side opposite the Dremel(R) logo.
Products are dark gray with a silver label and blue control
buttons and have 8V lithium ion batteries.
The tool's circuit board can overheat and melt the tool's
enclosure. If the tool is being held while overheating, it could
present a risk of burn. Additionally, some tools may lose their
speed control changing to high speed in use, turn on by
themselves, or may not turn off, posing a personal injury hazard.
Health Canada has not received any reports of consumer incidents
or injuries related to the use of this product.
Robert Bosch Tool has received six reports from consumers of tools
overheating. There are no reports of injuries.
Approximately 2748 units were sold in Canada and 93 000 units the
United States.
The recalled product was sold from July 2014 to May 2015 at
various retailers across Canada.
Manufactured in Mexico.
Distributor: Robert Bosch Tool Corp.
Mount Prospect
UNITED STATES
Manufacturer: Robert Bosch Tool De Mexico
S.A
MEXICO
Consumers should immediately stop using the recalled item and
contact Robert Bosch Tool for information on a free repair.
Consumers may contact Robert Bosch Tool Corp. at (855) 866-1291
between the hours of 7 a.m. and 7 p.m. CT (Central Time) Monday
through Friday, or online and click on 'Customer Service & Safety
Information' for more information.
Consumers may view the release by the US CPSC on the Commission's
website.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/zXaMFM
SEARS ROEBUCK: "Lee" Suit Removed to Southern Dist. California
--------------------------------------------------------------
The class action lawsuit captioned Mickey Lee Downey, Arturo
Gonzalez, Shaun Saberon, and Jorge Sevilla, individually and on
behalf of all similarly situated v. Sears Roebuck and Co. and Does
1 through 50, Case No. 37-2015-00025949-CU-OE-CTL, was removed
from the Superior Court of the State of California in and for the
County of San Diego to the U.S. District Court for the Southern
District of California. The District Court Clerk assigned Case No.
3:15-cv-01904-MMA-DHB to the proceeding.
The Complaint asserts causes of action for failure to provide meal
periods, failure to provide paid rest periods, failure to pay
minimum and regular wages, failure to pay all overtime wages,
failure to reimburse for business-related expenses, failure to pay
timely wages due upon separation of employment, failure to provide
accurate itemized wage statements, and failure to maintain
accurate records.
The Plaintiff is represented by:
Joseph C. Liburt, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025
Telephone: (650) 614-7400
Facsimile: (650) 614-7401
E-mail: jliburt@orrick.com
SILVERLEAF RESORTS: Has Made Unsolicited Calls, "Lewow" Suit Says
-----------------------------------------------------------------
Louis Lewow, individually and on behalf of all others similarly
situated v. Silverleaf Resorts, Inc., Case No. 1:15-cv-03043-ELR
(N.D. Ga., August 28, 2015), seeks to stop the Defendant's
practice of making unsolicited phone calls to the cellular
telephones of consumers nationwide and to obtain redress for all
persons who suffered legal injury as a result of its conduct.
Silverleaf Resorts, Inc. is a vacation ownership company that
operates thirteen vacation properties across six states in the
eastern half of the United States.
The Plaintiff is represented by:
Julia A. Merritt, Esq.
450 Tensas Trace
Milton, GA 30004
Telephone: (404) 840-8261
Facsimile: (678) 820-5990
E-mail: Julia@juliamerrittlaw.com
- and -
Steven L. Woodrow, Esq.
Patrick H. Peluso, Esq.
WOODROW & PELUSO, LLC
3900 East Mexico Ave., Suite 300
Denver, CO 80210
Telephone: (720) 213-0675
Facsimile: (303) 927-0809
E-mail: swoodrow@woodrowpeluso.com
ppeluso@woodrowpeluso.com
SINCERELY NUTS: Recalls Macadamia Nuts Due to Salmonella
--------------------------------------------------------
Sincerely Nuts Inc. of Brooklyn, NY, is recalling packages of
Sincerely Nuts Macadamia Nuts (Raw) Whole and Sincerely Nuts
Macadamia Nuts (Raw) Unsalted Halves and Pieces because they have
the potential to be contaminated with Salmonella, an organism
which can cause serious and sometimes fatal infections in young
children, frail or elderly people, and others with weakened immune
systems. Healthy persons infected with Salmonella often
experience fever, diarrhea (which may be bloody), nausea, vomiting
and abdominal pain. In rare circumstances, infection with
Salmonella can result in the organism getting into the bloodstream
and producing more severe illnesses such as arterial infections
(i.e., infected aneurysms), endocarditis and arthritis.
The affected Sincerely Nuts Macadamia Nuts (Raw) Whole and
Macadamia Nuts (Raw) Unsalted Halves and Pieces were distributed
nationwide via online sales through the company's website
www.sincerelynuts.com from June 16, 2015 through August 10, 2015,
and at www.amazon.com.
The recalled product was packed in clear, flexible plastic
packages:
--- Sincerely Nuts Macadamia Nuts (Raw) Whole was sold in 1
lb., 2 lb. and 5 lb. packages bearing Lot Number T7R1A22045
and EXPIRES: 1/2016 stamped on the back label.
--- Sincerely Nuts Macadamia Nuts (Raw) Unsalted Halves and
Pieces come in 2 lb. packages bearing EXPIRES: 11/2015
stamped on the back label (there is no lot code). New
product will have a lot number.
No illnesses have been reported to date in connection with this
problem.
The recall is a result of routine testing by a contracted private
laboratory which revealed the presence of Salmonella in the 2 lb.
packages of Sincerely Nuts Macadamia Nuts (Raw) Whole and
Sincerely Nuts Macadamia Nuts (Raw) Unsalted Halves and Pieces.
Production of the product has been suspended while FDA and the
company continue their investigation as to the source of the
problem.
Consumers who have purchased Sincerely Nuts Macadamia Nuts (Raw)
Whole and Sincerely Nuts Macadamia Nuts (Raw) Unsalted Halves and
Pieces are urged to return them to the place of purchase for a
full refund. Consumers with questions may contact the company at
1-888-272-8780, Monday - Friday, 9:00 am - 3:00 pm, EST.
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm461013.htm
SOLAZYME INC: Glancy Prongay Files Securities Class Action
----------------------------------------------------------
Glancy Prongay & Murray LLP ("GPM") reminded investors that a
class action lawsuit has been filed on behalf of Solazyme, Inc.
("Solazyme" or the "Company") SZYM, +0.90% investors who purchased
the Company's securities between February 27, 2014 and November 5,
2014, inclusive (the "Class Period"). Investors had until August
24, 2015 to file a motion to be appointed as a lead plaintiff in
this class action lawsuit.
Solazyme is a bioproducts company that uses algae-based
fermentation to produce renewable oils for a range of personal and
industrial uses. The complaint alleges that throughout the Class
Period, the Company made false and/or misleading statements, as
well as failed to disclose material adverse facts about Solazyme's
construction progress, development and production capacity at its
renewable oils production facility located in Moema, Brazil (the
"Moema Project"). Specifically, Defendants made false and/or
misleading statements and/or failed to disclose that: Solazyme
misstated and/or failed or disclose unfavorable news about the
Moema Project. Solazyme initially failed to report that the Moema
Project suffered construction delays stemming from the inadequate
availability of electricity and steam utilities. As a result, the
lawsuit alleges that Solazyme was prevented from increasing output
to its previously projected levels. On or around November 5, 2014,
when the truth regarding the Moema Project was revealed to
investors, the Company's stock declined $4.35 per share, or 58%,
to close at $3.14 per share on November 6, 2014.
If you have information or would like to learn more about these
claims, or have any questions concerning this announcement, please
contact Casey Sadler, of GPM, 1925 Century Park East, Suite 2100,
Los Angeles, California 90067 at 310-201-9150, Toll-Free at 888-
773-9224, by email to shareholders@glancylaw.com, or visit our
website at http://www.glancylaw.com.If you inquire by email
please include your mailing address, telephone number and number
of shares purchased.
Lesley Portnoy, Esq
Glancy Prongay & Murray LLP
1925 Century Park East Suite 2100 Los Angeles, CA
90067
Phone: (310) 201-9150
Toll-free: (888) 773-9224
Fax: (310) 432-1495
info@glancylaw.com
SOLO FRUIT: Recalls Dark Chocolate Sorbet Products Due to Milk
--------------------------------------------------------------
Starting date: August 26, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Solo Fruit Inc.
Distribution: Quebec
CFIA reference number: 10008
Brand name Common name Size Code(s) UPC
---------- ----------- ---- on product ---
----------
Solo Fruit Sorbet Dark 500 ml 198 15 8 23885 00211 8
Chocolate
TAKATA CORPORATION: "Reid" Suit Removed to Eastern Dist. Texas
--------------------------------------------------------------
The class action lawsuit styles Annette Reid v. Takata
Corporation, TK Holdings Inc., Highland Industries, Inc., Ford
Motor Company, and Philpott Motors, Ltd., Case No. 2015-39930, was
removed from the from the 58th Judicial District Court of
Jefferson County, Texas to the U.S. District Courts for the
Eastern District of Texas. The District Court Clerk assigned Case
No. 1:15-cv-00335 to the proceeding.
The lawsuit asserts products liability claims.
The Defendant Ford Motor Company is represented by:
Debbie Bullion, Esq.
GASCOYNE & BULLION, PC
77 Sugar Creek Center Boulevard, Suite 280
Sugar Land, TX 77472
Telephone: (281) 340-7000
Facsimile: (281) 340-7001
E-mail: gascoyne@gbpclaw.com
The Defendant TK Holdings Inc. is represented by:
T. Christopher Trent, Esq.
JOHNSON, TRENT, WEST & TAYLOR, L.L.P.
919 Milam, Suite 1700
Houston, TX 77002
Telephone: (713) 222-2323
Facsimile: (713) 222-2226
E-mail: ctrent@johnsontrent.com
The Defendant Highland Industries, Inc. is represented by:
Benjamin W. Allen
JOHNSON, TRENT, WEST & TAYLOR, L.L.P.
919 Milam, Suite 1700
Houston, TX 77002
Telephone: (713) 860-0552
Facsimile: (713) 222-2226
E-mail: ballen@johnsontrent.com
TEVA CANADA: Recalls Teva-Travoprost Z Ophthalmic Solution
----------------------------------------------------------
Starting date: August 28, 2015
Posting date: September 2, 2015
Type of communication: Drug Recall
Subcategory: Drugs
Hazard classification: Type III
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-54908
Affected Products: Teva-Travoprost Z Ophthalmic Solution
Reason: Out of specification result for potency during shelf life
testing.
Depth of distribution: Wholesalers
Affected products: Teva-Travoprost Z Ophthalmic Solution
DIN, NPN, DIN-HIM
DIN 02412063
Dosage form: Solution
Strength: Travoprost 0.004% / w/v
Lot or serial number: 9880414
Recalling Firm: Teva Canada Ltd.
30 Novopharm Court,
Toronto
M1B 2K9
Ontario
CANADA
Marketing Authorization Holder: Teva Canada Ltd.
30 Novopharm Court,
Toronto
M1B 2K9
Ontario
CANADA
THERATECHNOLOGIES: 121851 Canada's Bid to File Class Suit Denied
----------------------------------------------------------------
Lexology, reported that on November 9, 2007 amendments to Quebec's
Securities Act1 (the "QSA") came into force creating a civil
liability regime allowing investors on the secondary market to sue
issuers for breaches of continuous disclosure requirements. This
past April, the Supreme Court of Canada rendered its decision in
Theratechnologies inc. v. 121851 Canada inc., which involved the
burden of proof applicable to investors seeking authorization to
bring a class action for damages pursuant to section 225.4 of the
QSA.
The facts of the case
Theratechnologies ("Thera") is a pharmaceutical company listed on
the Toronto Stock Exchange. In 2010, Thera was awaiting the
approval of a new drug by the United States Food and Drug
Administration (the "FDA"). During the approval process, Thera
regularly informed its shareholders and Quebec's financial markets
regulator, the Autorite des marches financiers, of the results of
its clinical trials, including the fact that the trials indicated
that the side effects of the drug were not significant.
As it commonly does, the FDA referred a number of questions about
the drug to an expert advisory committee. Those questions were
also published on the FDA's website.
Stock quotation companies then published press releases mentioning
that the drug could increase the risk of diabetes. Thera did not
publicly comment on the press releases, believing that the
briefing documents it had provided to the FDA and the clinical
results it had disclosed adequately responded to the questions
posed by the FDA. In the absence of any public statement by Thera,
its share price fell by 58% over the course of a few days.
121851 Canada inc. (the "Corporation"), which had suffered a loss
on its sale of Thera shares, requested authorization from the
Superior Court of Quebec, pursuant to section 225.4 of the QSA, to
bring a class action for damages against Thera, alleging that it
had breached its obligation to inform investors of a material
change. According to the Corporation, the information that
diabetes was a possible side effect of the new drug, together with
the questions posed by the FDA, amounted to a material change in
Thera's business, operations or capital. The Corporation
maintained that Thera should have issued a press release to
reassure investors and stabilize its share price.
The Supreme Court of Canada's decision
In a unanimous decision, the Supreme Court overturned the
decisions of the courts below, on the basis that the authorization
criteria for a class action under section 225.4 of the QSA are
stricter than those under section 1003 of Quebec's Code of Civil
Procedure.
The Court first of all pointed out that section 225.4 of the QSA
prescribes two fundamental conditions for obtaining authorization
to institute a class action under the QSA: (i) the action must be
brought in good faith, and (ii) there must be a reasonable
possibility that the plaintiff will prevail. In this instance, no
one disputed that the Corporation was in good faith. The Court
therefore focussed its attention on the interpretation of the
second condition, namely the reasonable possibility that the
action would succeed.
The Court concluded that the criterion of a "reasonable
possibility" that the plaintiff would prevail, set out in section
225.4 of the QSA, was a more onerous one than the "mere
possibility" of success, one of the class-action authorization
criteria under article 1003 of the Code of Civil Procedure. In the
case of a proposed action under the QSA, a court must not limit
itself to determining whether the facts alleged seem to justify
the conclusions sought, as is the case under article 1003 CCP, but
go on to perform a preliminary assessment of the evidence in order
to determine whether the "reasonable possibility of success"
burden has been met.
The Court then proceeded to analyze the evidence offered by the
Corporation in support of its request for authorization and
concluded that it had not established that there had been a
material change requiring public disclosure by Thera. The Court
noted that the timely disclosure obligation on which the proposed
class action was based is triggered by two factors, namely (i) a
change in the issuer's business, operations or capital, and (ii)
the need for the change to be material, meaning that "it would
reasonably be expected to have a significant effect on the market
price or value of the issuer's shares". Information regarding the
side effects of the drug had already been disclosed to
shareholders, and was so before the FDA published its questions.
There was thus no new information about side effects that required
disclosure by Thera. Moreover, the Corporation offered no evidence
suggesting that the FDA's questions or the content of its briefing
materials departed in any way from the normal course followed by
the FDA in its approval process. Furthermore, the Corporation's
evidence in no way tended to show that the FDA's questions
pertained to new information or data concerning the drug that had
not already been disclosed by Thera. Thus, the fact that the FDA
was following its usual process did not constitute a material
change for Thera. It therefore had no obligation to issue a
reassuring public response. Consequently, the request for
authorization to institute the class action was denied.
The Court noted in passing that excessive disclosure of
information is not without risks, particularly that of burying
shareholders in "an avalanche of trivial information -- a result
that is hardly conducive to informed decision-making". Be that as
it may, it remains important to identify what constitutes a
material change or fact, and to then disclose the necessary
information.
The other Canadian jurisdictions
Since 2005, provisions similar to section 225.4 of the QSA have
been adopted in all Canadian provinces and territories, following
the recommendations of the Canadian Security Administrators that a
civil liability regime more accessible to secondary-market
investors be created for breaches by public companies of their
timely or continuous disclosure obligations. These provisions ease
the burden of proof formerly applicable in actions of this kind,
while at the same time creating a screening mechanism to filter
out frivolous or ill-founded lawsuits.
TM WIRELESS: Faces "Rodriguez" Suit Over Failure to Pay Overtime
----------------------------------------------------------------
Danny Rodriguez, individually and on behalf of all others
similarly situated v. TM Wireless, Inc., TGS Wireless, Inc., and
Does 1 through 20, inclusive, Case No. BC592792 (D. Cal., August
28, 2015), is brought against the Defendants for failure to pay
overtime wages in violation of the California Labor Code.
TM Wireless, Inc. is a T-Mobile retailer that operates retail
stores throughout California.
TGS Wireless, Inc. provides wholesale distribution of electronic
parts and electronic communications equipment.
The Plaintiff is represented by:
Kashif Haque, Esq.
Samuel A. Wong, Esq.
Jessica L. Campbell, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite 100
Irvine, CA
Telephone: (949) 379-6250
Facsimile: (949) 379-6251
TRANSAMERICA PREMIER: "King" Suit Seeks to Recover Unpaid OT
------------------------------------------------------------
Linda King and Terri Reekes, on behalf of themselves and others
similarly situated v. Transamerica Premier Life Insurance Company
and Monumental Life Insurance Company, Case No. 3:15-cv-00518-HEH
(E.D. Va., August 28, 2015), seek to recover unpaid overtime,
liquidated damages, and attorneys' fees and costs pursuant to the
Fair Labor Standard Act.
The Defendants own and operate an insurance company in
Chesterfield, Virginia.
The Plaintiff is represented by:
Craig Juraj Curwood, Esq.
Philip Justus Dean, Esq.
CURWOOD LAW FIRM
530 E. Main Street, Suite 710
Richmond, VA 23219
Telephone: (804) 788-0808
Facsimile: (804) 767-6777
E-mail: ccurwood@curwoodlaw.com
pdean@curwoodlaw.com
TRANSILVANIA TRADING: Recalls Honey Graham Products Due to Milk
---------------------------------------------------------------
Starting date: August 26, 2015
Type of communication: Recall
Alert sub-type: Food Recall Warning (Allergen)
Subcategory: Allergen - Milk
Hazard classification: Class 1
Source of recall: Canadian Food Inspection Agency
Recalling firm: Transilvania Trading
Distribution: British Columbia
Extent of the product distribution: Retail
CFIA reference number: 10018
Transilvania Trading is recalling Trader Joe's brand Dark
Chocolate Covered Honey Grahams with Sea Salt from the marketplace
because they may contain milk which is not declared on the label.
People with an allergy to milk should not consume the recalled
product described below.
The following product may have been sold at Pirate Joe's, located
at 2348 West 4th Avenue, Vancouver, British Columbia.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
If you have an allergy to milk, 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 in Canada.
This recall was triggered by a recall in another country. 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.
Brand Common name Size Code(s) UPC
name ----------- ---- on product ---
---- ----------
Trader Dark Chocolate 227 g All Best By dates 0055 0246
Joe's Covered Honey from 16 Mar 2016 up
Grahams with to and including 14
Sea Salt May 2016
Pictures of the Recalled Products available at:
http://is.gd/QjEVsq
TRANS ONE: "Matthis" Suit Seeks to Recover Unpaid Overtime Wages
----------------------------------------------------------------
Phillip Matthis, on behalf of himself and all other similarly
situated v. Trans One Incorporated, Case No. 1:15-cv-07607 (N.D.
Ill., August 28, 2015), seeks to recover unpaid overtime wages and
damages pursuant to the Fair Labor Standard Act.
Trans One Incorporated provides support to Federal Express for
freight and cargo services in the Chicago-land area.
The Plaintiff is represented by:
John William Billhorn, Esq.
BILLHORN LAW FIRM
53 West Jackson Blvd., Suite 840
Chicago, IL 60604
Telephone: (312) 853-1450
TRANSPORT EXPRESS: Faces "Cruz" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Angela Cruz and Moes 1 through 1,000, individually, and on behalf
of all other similarly situated employees v. Transport Express,
Inc., Payroll Staffing Solutions, Inc., and Does 1 through 25,
inclusive, Case No. BC592528 (D. Cal., August 28, 2015), is
brought against the Defendants for failure to pay overtime wages
in violation of the California Labor Code.
Transport Express, Inc. owns and operates a freight forwarding
company doing business within the State of California.
Payroll Staffing Solutions, Inc. owns and operates a staffing and
recruitment company doing business within the State of California.
The Plaintiff is represented by:
Paul J. Denis, Esq.
Ethan E. Rasi, Esq.
DENIS & RASI, PC
1323 N. Broadway, 2nd Floor
Santa Ana, CA 92706
Telephone: (714) 242-4557
Facsimile: (213) 443-9601
TSG 89: "Galicia" Suit Seeks to Recover Unpaid Overtime Wages
-------------------------------------------------------------
Juan Sergio Galicia, individually and in behalf of all other
persons similarly situated v. TSG 89 Corp., d/b/a Midnight Express
and Theodore Santis, Case No. 1:15-cv-06842 (S.D.N.Y, August 28,
2015), seeks to recover unpaid overtime wages and damages pursuant
to the Fair Labor Standard Act.
The Defendants own and operate a restaurant located at 17152 2nd
Avenue, New York, New York.
The Plaintiff is represented by:
John M. Gurrieri, Esq.
Brandon D. Sherr, Esq.
Justin A. Zeller, Esq.
LAW OFFICE OF JUSTIN A. ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007-2036
Telephone: (212) 229-2249
Facsimile: (212) 229-2246
E-mail: jmgurrieri@zellerlegal.com
bdsherr@zellerlegal.com
jazeller@zellerlegal.com
VRVK NUTRACEUTICALS: Recalls Antioxidant Tablets
------------------------------------------------
VRVK Nutraceuticals, LLC, DBA Dr. Venessa's Formulas of Orlando,
Florida, is voluntarily recalling 3998 bottles of Ultimate
Antioxidant Tablets DIETARY SUPPLEMENT, 120 count bottles, with
Kelp Atlantic Powder that may contain crustacean shellfish, an
undeclared allergen. This product also contains Hesperidin Complex
40%, Pancreatin Powder and Pepsin, three ingredients that contain
undeclared milk. People who have an allergy or severe sensitivity
to milk and/or crustacean shellfish run the risk of serious or
life-threatening allergic reaction if they consume these products.
The affected lots of ULTIMATE ANTIOXIDANT TABLETS bottles were
distributed nationwide to consumers via internet sales.
ULTIMATE ANTIOXIDANT TABLETS are marketed as a dietary supplement
and sold in white plastic bottles. The lots in question are Lot
Number 132415, expiration date 05/16 (1619 bottles sold), and Lot
Number 141381, expiration date 06/17 (2379 bottles sold). Both
lots bear UPC code 606851551205.
No illnesses have been reported to date.
The recall was initiated after it was discovered during the
current FDA inspection at the contract manufacturer that product
containing the allergens was distributed in packaging that did not
reveal the presence of milk and crustacean shellfish. The
investigation by the firm and the FDA is ongoing.
Consumers with allergies to milk and/or crustacean shellfish are
urged not to consume the product. Consumers who have purchased the
affected lots of ULTIMATE ANTIOXIDANT TABLETS are urged to return
it to the place of purchase for a full refund. Consumers with
questions may contact the company at 1-800-477-0031, Monday -
Friday, 9 am - 4 pm, EST.
Pictures of the Recalled Products available at:
http://www.fda.gov/Safety/Recalls/ucm460596.htm
WEATHERFORD INT'L: Reaches $120MM Settlment in Freedman Case
------------------------------------------------------------
A summary notice on In re: GLENN FREEDMAN, individually and on
behalf of all similarly situated, Plaintiff, v. WEATHERFORD
INTERNATIONAL LTD., et al., Defendants.
Civil Action No. 12-CV-2121 (LAK)
TO: ALL PERSONS AND ENTITIES THAT PURCHASED OR ACQUIRED
WEATHERFORD INTERNATIONAL LTD. COMMON STOCK IN THE UNITED STATES
BETWEEN MARCH 2, 2011 AND JULY 24, 2012 INCLUSIVE (THE "CLASS
PERIOD"), AND WERE DAMAGED THEREBY (THE "CLASS")
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the Court, that the Class
Representatives in the above-captioned class action (the
"Action"), on behalf of themselves and the certified Class, have
reached a proposed Settlement of the Action with Weatherford
International Ltd. ("Weatherford" or the "Company") (n/k/a
Weatherford International plc), Andrew P. Becnel, and Bernard J.
Duroc-Danner (collectively, the "Individual Defendants" and,
together with Weatherford, the "Defendants"). The Settlement
provides for a total payment of $120,000,000 in cash (the
"Settlement Amount") for the benefit of the Class that, if
approved, will resolve all claims in the Action against Defendants
and grant the releases specified and described in the Stipulation
and Agreement of Settlement, dated June 30, 2015 (the
"Stipulation").
A hearing will be held on November 3, 2015 at 4:00 p.m., before
the Honorable Lewis A. Kaplan in Courtroom 21B of the Daniel
Patrick Moynihan United States Courthouse, 500 Pearl Street, New
York, NY 10007, to determine, among other things, whether: (1) the
proposed Settlement should be approved by the Court as fair,
reasonable, and adequate; (2) the Action should be dismissed with
prejudice as set forth in the Stipulation; (3) the proposed Plan
of Allocation for the distribution of the Settlement Amount and
any interest thereon, less any Court-awarded attorneys' fees,
Notice and Administration Expenses, Taxes, and other costs, fees,
or expenses approved by the Court (the "Net Settlement Fund")
should be approved as fair and reasonable; and (4) Class Counsel's
application for an award of attorneys' fees and payment of
litigation expenses should be granted. The Court may change the
date of the Settlement Hearing without providing another notice.
You do NOT need to attend the Settlement Hearing in order to
receive a distribution from the Net Settlement Fund.
IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL
BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE NET SETTLEMENT
FUND. If you have not yet received the full printed Notice of
Proposed Class Action Settlement and Motion for Attorneys' Fees
and Expenses (the "Settlement Notice") and a Proof of Claim and
Release form ("Proof of Claim"), you may obtain copies of these
documents by contacting the Claims Administrator or visiting its
website at:
Freedman v. Weatherford International Ltd., et al.c/o GCG
P.O. Box 10177
Dublin, OH 43017-3177
(855) 382-6459
www.Weatherford2012SecuritiesLitigation.com
If you are a Class Member, in order to be eligible to share in the
distribution of the Net Settlement Fund, you must submit a Proof
of Claim form postmarked or received no later than December 9,
2015.
If you previously submitted a valid and timely request for
exclusion from the Class in connection with the Notice of Pendency
of Class Action ("Class Notice") and you wish to remain excluded,
no further action is required. However, if you previously
submitted such a request for exclusion from the Class in
connection with the Class Notice and you want to opt-back into the
Class now for the purpose of being eligible to receive a payment
from the Net Settlement Fund, you may do so. In order to opt-back
into the Class, you must submit a request to opt-back into the
Class in writing such that it is received no later than October
13, 2015, in accordance with the instructions set forth in the
Settlement Notice. If you previously submitted a request for
exclusion from the Class in connection with the Class Notice and
do not opt-back into the Class in accordance with the instructions
set forth in the Settlement Notice, you will not be bound by any
judgments or orders entered by the Court in the Action and you
will not be eligible to share in the Net Settlement Fund.
If you did not previously submit a request for exclusion and do
not want a payment from the Settlement, you may exclude yourself
from the Class now. To exclude yourself from the Class, you must
submit a written request for exclusion in accordance with the
instructions set forth in the Settlement Notice such that it is
received no later than October 13, 2015. If you are a Class
Member and do not exclude yourself from the Class, you will be
bound by any judgments or orders entered by the Court in the
Action.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or the application for attorneys' fees and payment of
expenses must be filed with the Court and mailed to Class Counsel
and Defendants' Counsel such that they are received no later than
October 13, 2015, in accordance with the instructions set forth in
the Settlement Notice.
Inquiries, other than requests for copies of the Settlement Notice
and Proof of Claim form, may be directed to Class Counsel:
Ira A. Schochet, Esq.
LABATON SUCHAROW LLP
140 Broadway New York, NY 10005
www.labaton.com
settlementquestions@labaton.com
(888) 219-6877
Javier Bleichmar, Esq.
BLEICHMAR FONTI TOUNTAS & AULD LLP
7 Times Square New York, NY 10036
www.bftalaw.com
(888) 879-9418
WELLS FARGO: Doesn't Properly Pay Overtime Wages, Action Claims
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Heather Koenig, individually and on behalf of all those similarly
situated v. Wells Fargo, N.A., Case No. 3:15-cv-06472-PGS-TJB
(D.N.J., August 28, 2015), is brought against the Defendant for
failure to pay proper overtime compensation in violation of the
FLSA and New Jersey Wage Laws.
Wells Fargo, N.A. is a bank that operates numerous branches in New
Jersey.
The Plaintiff is represented by:
Matthew D. Miller, Esq.
Justin L. Swidler, Esq.
Richard S. Swartz, Esq.
SWARTZ SWIDLER, LLC
1101 Kings Highway N., Ste. 402
Cherry Hill, NJ 08034
Telephone: (856) 685-7420
Facsimile: (856) 685-7417
E-mail: mmiller@swartz-legal.com
jswidler@swartz-legal.com
rswartz@swartz-legal.com
WERNER ENTERPRISES: Drivers Win Favorable Ruling in Wage Case
-------------------------------------------------------------
Greg Grisolano, writing for Landlinemag, reported that a federal
judge's recent rulings in a driver pay case involving a class of
thousands of drivers who participated in Werner Enterprise's
Student Driver Program found that the company failed to pay its
drivers for sleeper berth time and short rest breaks.
The findings set the stage for a trial in September to determine
damages owed to a class of thousands of Werner drivers who
participated in the driver training program for up to three years
prior to the initial filing of the class action suit on Sept. 14,
2011.
According to the initial collective class action complaint filed
on behalf of plaintiff Philip Petrone and other similarly situated
drivers, Werner Enterprises and its subsidiary driver training
program, Drivers Management LLC, violated the Fair Labor Standards
Act by intentionally failing to compensate the class members for
wages earned while in the company's employment.
Petrone's suit alleges he was enrolled in Werner's Student Driver
Program, a mandatory six- to eight-week course for new hires.
While in the program, the company violated Nebraska labor laws by
failing to pay plaintiffs the minimum wage for hours they worked.
Specifically, the suit alleges that drivers were cheated out of
funds due to them for rest breaks and meals.
The suit was transferred later that year to Nebraska, where
Werner's corporate headquarters are located. It was certified as a
class action on Dec. 19, 2012, and includes all drivers who
participated in the company's over-the-road training program three
years prior to the 2011 filing date of Petrone's original motion.
In his ruling on Aug. 3, U.S. District Court Judge Lyle E. Strom
held that Werner violated state and federal law with its sleeper
berth and rest break policies.
"Werner's policy for short rest periods on its face complied with
the law," the judge wrote in his ruling. "However, in practice
Werner did not compensate student drivers for short rest periods
under 20 minutes logged Line 1 on the Qualcomm system. As a
result, the Court will grant the plaintiffs' motion for summary
judgment on the issue of short rest breaks."
Attorneys at Swartz Swidler, an employment law firm in Cherry
Hill, N.J., posted an update about the case on their website on
Aug. 7, touting the judge's ruling as "a major victory."
According to the statement on the website, the upcoming trial will
also decide whether Werner's conduct was reasonable and in good
faith. If the trial determines the company acted in bad faith,
double damages may be awarded and the company could be compelled
to pay an additional damage award into a fund to benefit Nebraska
schools.
WINDERMERE REAL: Jet Noise Class Action Dismissed
-------------------------------------------------
Janis Reid, writing for WhidbeyDaily, reported that a Skagit
County judge has dismissed a class-action lawsuit against two
Whidbey Island real estate companies over jet noise. In the suit,
two Island County residents claimed that they were not properly
informed of the dangers of jet noise before purchasing their homes
under the flight line.
Windermere Real Estate and RE/MAX Acorn Properties were the named
defendants.
"We are victorious; the case was dismissed," said Eric Mitten,
Windermere spokesperson.
While only two plaintiffs were named, the class-action claimed to
represent "hundreds or thousands" of residents. The Navy's EA-18G
Growler, which conducts touch-and-go operations at Outlying Field,
Coupeville, has been an ongoing subject of debate in recent years.
Some residents claim that the Navy's newest electronic attack
aircraft is louder and therefore more disruptive to quality of
life.
The suit was filed in November in 2013 Island County Superior
Court but was moved to the Skagit County Superior Court when the
local judges recused themselves.
A one-paragraph noise disclosure, which had been used since 1992,
was deemed incomplete by Island County staff, and Island County
Realtor associations updated the disclosure to include more
detailed information, including that jet noise can reach more than
100 decibels.
Mitten said that the judge ruled that even the older, more
truncated disclosure is "enough to put the buyer on notice" and
that it remains the buyer's responsibility to research before
renting or buying.
A federal judge dismissed an unrelated lawsuit earlier that aimed
to compel the Navy to stop the touch-and-go operations in
Coupeville until an environmental study could be completed.
WINNEBAGO INDUSTRIES: Recalls ERA 2012 Model Due to Noncompliance
-----------------------------------------------------------------
Starting date: August 27, 2015
Type of communication: Recall
Subcategory: Motorhome
Notification type: Safety
Mfr System: Label
Units affected: 138
Source of recall: Transport Canada
Identification number: 2015384TC
ID number: 2015384
Certain Motorhomes may fail to comply with the requirements of
Canada Motor Vehicle Safety Standard 120 - Tire Selection and
Rims. The certification label may not contain the correct front
axle tire pressure information. Incorrect tire pressure could lead
to tire failure, resulting in loss of vehicle control increasing
the risk of a crash causing injury and/or damage to property.
Correction: Manufacturer will mail out revised labels indicating
61 PSI (420 kPa) maximum front axle tire inflation pressure.
Make Model Model year(s) affected
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WINNEBAGO ERA 2012
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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
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Alcestis A. Castillon, 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.
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