/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/151208.mbx C L A S S A C T I O N R E P O R T E R Tuesday, December 8, 2015, Vol. 17, No. 244 Headlines 1144 OCEAN: Faces "Rodriguez" Suit Over Failure to Pay Overtime ADVANCED MICRO: Slapped With Class suit Over Misleading Marketing AIR CHECK: Faces "Foday" Suit Over Failure to Pay Overtime Wages AMERICAN AIRLINES: Faces "Anderson" Suit Over Ticket-Price Fixing AMERICAN EXPRESS: Vows to Fight NLRB Ruling on Class Suit Waivers ANZ: Told to Compensate 200,000 Customers ASTORIA FINANCIAL: Faces "Ira" Suit Over Proposed Sale to NYCB ATP OIL: Louisiana Court Dismisses Securities Class AURORA BEHAVIORAL: Outdated Policies Can Lead to Costly Suits AVALONBAY COMMUNITIES: Judge Dismisses Part of Class Suit CALIFORNIA: Suit Pursues End of Bail for Non-Violent Offenders CALIFORNIA: Toll Roads Accused of Privacy Breach CAMBRIDGE INTERNATIONAL: Suit Seeks to Recover Unpaid Overtime CASHCALL INC: Illegally Collects Debt, "Moore" Action Claims CAVALRY PORTFOLIO: Illegally Collects Debt, "Olsen" Suit Claims CHECKPOINT SYSTEMS: Block & Leviton Files Securities Class Suit DISCOUNT WAREHOUSE: Fails to Pay Employees Overtime, Action Says ELITE BIO: Faces "Martinez" Suit Over Failure to Pay Overtime ENERGES LLC: Faces "Romo" Suit Over Failure to Pay Overtime EQUIFAX INC: Sued Over Fair Credit Reporting Act Violation ESCALLATE LLC: Illegally Collects Debt, "Monaghan" Suit Claims EXPERIAN INFORMATION: Faces "Kearns" Suit Over Data Breach EXPERIAN HOLDINGS: Faces "Wenzel" Suit Over FCRA Violation EXPERIAN HOLDINGS: Faces "Nguyen" Suit Over Debt Collection FLOTEK INDUSTRIES: Gainey McKenna Files Securities Suit FLOTEK INDUSTRIES: Rosen Law Firm Files Securities Class Suit GENERAL CHEMICAL: Sued Over Liquid Aluminum Sulfate-Price Fixing GREEN & COHEN: Illegally Collects Debt, "Rosenzweig" Suit Says HUMANA INC: "Kinkead" Suit Seeks to Recover Unpaid OT Wages JAFFE & ASHER: Illegally Collects Debt, "O'Donnell" Suit Claims JC PENNEY: Settles Class Suit Over Markdowns KANG LAN: Faces "Xia" Suit Over Failure to Pay Overtime Wages KATRINA POWELL: To meet With NCAA Investigators LOS ANGELES, CA: Proposed Deal in DWP Suit May Not Help Customers LSB INDUSTRIES: Vincent Wong Files Securities Class Suit MD SCIENCE: Removed "Albaran" Suit to C. District California MEMPHIS, TEN: Police, Firefighter Unions Sue to Protect Pensions NIAGARA CREDIT: Accused of Wrongful Conduct Over Debt Collection NII HOLDINGS: Securities Suit Granted Class Certification NOVANT HEALTH: To Pay $32-Mil. to Settle Retirement Plan Suit PDR NETWORK: Has Sent Unsolicited Facsimile, Carlton Suit Claims PREMIERE GLOBAL: Faces Noble "Suit" Over Proposed Sale to Siris PROGRESS INC: Faces "Franco" Suit Over Failure to Pay Overtime RKJ AND SONS: Fails to Pay Employees Overtime, "Walker" Suit Says SHADOW MANAGEMENT: "Padgett" Suit Seeks to Recover Unpaid Wages SINO-FOREST CORP: Court Approves $32.5MM Settlement in Class Suit SODEXO INC: Does Not Properly Pay Employees, "Wesson" Suit Says STARZ: Lieff Cabraser Files Securities Class Suit TAURUS: Alabama Man Claims Safety Defect Killed Son TCP INTERNATIONAL: Sued in N.Y. Over Misleading Financial Reports TOSHIBA CORP: Investors Prepare Class Aaction UNIVERSAL HOME: Faces "Thomas" Suit Over Failure to Pay Overtime VALEANT PHARMA: Loses Bid to Escape Suit Over Allergan Offer VIZIO HOLDINGS: Faces "Watts" Suit in Cal. Over Security Breach VOLKSWAGEN GROUP: Faces "Adams" Suit in Cal. Over Defeat Devices VOLKSWAGEN GROUP: Faces "Brownlow" Suit Over Defeat Devices VOLKSWAGEN GROUP: Faces "Esneault" Suit Over Defeat Devices WILMINGTON TRUST: Faces "Halldorson" Suit Over ERISA Violation ZOFRAN: Siskinds LLP Launches Class Suit * Arbitration Clauses Impact Class Actions in Canada, US * Ontario Court of Appeal to Sort Out Class Action Carriage Mess ********* 1144 OCEAN: Faces "Rodriguez" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Michel Rodriguez and other similarly-situated individuals v. 1144 Ocean Drive, LLC, et al., Case No. 1:15-cv-23993 (S.D. Fla., October 23, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. 1144 Ocean Drive, LLC owns and operates a restaurant and bar in Miami, Florida. The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A. 9100 South Dadeland Boulevard, Suite 1500 Miami, FL 33156 Telephone: (305) 446-1500 Facsimile: (305) 446-1502 E-mail: zep@thepalmalawgroup.com ADVANCED MICRO: Slapped With Class suit Over Misleading Marketing ----------------------------------------------------------------- Financial Buzz reported that the processor chip manufacturing firm Advanced Micro Devices Inc. (NASDAQ:AMD) was slammed with a class- action file lawsuit over highly unethical and erroneous marketing leading measures. Reports say that the marketing language was used in the advertisement as a gimmick to mislead the people into buying the overvalued product. The robust American laws preclude the use of deceptive advertising and marketing gimmicks by the business organizations. It was also stated that the marketing and sales team withheld important information from the consumer in their advertising campaign. Lawsuit details AMD has been believed to claim that the processing chips manufactured by them have eight cores. While most of the fact was true, the information withheld was that of the eight cores only four were functioning. This was particularly in relevance to their bulldozer series of processing chips. Additionally, the investigative bodies deduced that the high number of cores were not an impressive feat as they worked in pairs. This meant that one individual core could not function independently and would require the other to function. In essence, two cores perform the function of one in comparison to its competitor products. The advertising campaign suggests that the bulldozer processors are able to do eight different functions simultaneously. However, due to the stripping down of the processor to reduce the size, it has lost many of its multi-tasking functionality. The lawsuit was filed against AMD especially in this regard, which is considered as misleading advertising or marketing. In addition to the misleading marketing advertising, AMD consciously did not disclose the design model of the bulldozer chip, leaving the company implicitly culpable. The processors' built too was not disclosed to the consumers even after the product was launched and available for sale to the general public. The overpromised performance left consumers shocked and repulsed by the processing speed. Even though the problem has now been addressed and brought to the attention of the court, technical experts and lawyers state that it could prove to work in AMD's favor. Many consumer activists and law experts have stated that since the law has not kept up to date with the technology, it could prove harmful. Technicalities such as the definition of the core and the number of cores can be considered as one or two issues that may prove to be easy antiquated regulations to dodge. Potential damages While AMD has remained silent on the issue, sources state that if AMD were to lose the lawsuit, it could cost AMD up to five million dollars. There could also be additional costs that may need to be paid out in the form of damages. AIR CHECK: Faces "Foday" Suit Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Alex Foday and Fred Berrios, individually and on behalf of all others similarly situated v. Air Check, Inc., Mark S. Rathke, Roman Chmiel, and Teresa Kaminska, Case No. 1:15-cv-10205 (N.D. Ill., November 10, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants operate a janitorial firm, providing janitorial cleaning services and other airport commercial services. The Plaintiff is represented by: Jeffrey Grant Brown, Esq. JEFFREY GRANT BROWN, P.C. 221 North LaSalle Street, Suite 1414 Chicago, IL 60601 Telephone: (312) 789-9700 E-mail: jeff@jgbrownlaw.com - and - Glen J. Dunn Jr., Esq. GLEN J. DUNN & ASSOCIATES, LTD. 221 North LaSalle Street, Suite 1414 Chicago, IL 60601 Telephone: (312) 546-5056 E-mail: gdunn@gjdlaw.com AMERICAN AIRLINES: Faces "Anderson" Suit Over Ticket-Price Fixing ----------------------------------------------------------------- Keith Anderson, 211 47th Street, NE, Washington, DC, 20019, on behalf of himself and all others similarly situated v. American Airlines Group Inc., American Airlines, Inc., Delta Air Lines, Inc., Southwest Airlines Co., United Continental Holdings, Inc., and United Airlines, Inc., Case No. 1:15-cv-01985 (D. Col., November 10, 2015) arises from the Defendants' and others' alleged unlawful combination, agreement and conspiracy to fix, raise, maintain and stabilize the price of domestic airline tickets. The Defendants operate the largest commercial airline company in the United States. The Plaintiff is represented by: Michael G. McLellan, Esq. FINKELSTEIN THOMPSON LLP 1077 30th Street NW, Suite 150 Washington, D.C. 20007 Telephone: (202) 337-8000 Facsimile: (202) 337-8090 E-mail: mmclellan@finkelsteinthompson.com - and - Whitney E. Street, Esq. Lesley E. Weaver, Esq. BLOCK & LEVITON LLP 520 Third Street, Suite 108 Oakland, CA 94607 Telephone: (415) 968-8999 Facsimile: (617) 507-6020 E-mail: wstreet@blockesq.com lweaver@blockesq.com - and - Erica G. Langsen, Esq. BLOCK & LEVITON LLP 155 Federal Street, Suite 400 Boston, MA 02110 Telephone: (617) 398-5600 Facsimile: (617) 507-6020 E-mail: elangsen@blockesq.com - and - Peter Safirstein, Esq. Roger A. Sachar Jr., Esq. MORGAN & MORGAN 28 West 44th Street, Suite 2001 New York, NY 10036 Telephone: (212) 564-1637 Facsimile: (212) 564-1656 E-mail: PSafirstein@MorganSecuritiesLaw.com RSachar@MorganSecuritiesLaw.com AMERICAN EXPRESS: Vows to Fight NLRB Ruling on Class Suit Waivers ----------------------------------------------------------------- Robert Iafolla, writing for Reuters, reported that American Express Co said on it will appeal a recent labor board decision faulting the company for requiring workers to sign class action waivers, teeing up the chance for another court to rule on a board standard that some state and federal courts have already rejected. On the National Labor Relations Board found that the waivers were illegal under its 2012 decision in DR Horton Inc and its 2014 ruling in Murphy Oil USA Inc, both of which have been overturned by the 5th U.S. Circuit Court of Appeals. ANZ: Told to Compensate 200,000 Customers ----------------------------------------- BBC reported that the move comes after the bank failed to apply correct interest payments to some accounts for several years. The lender told the BBC it had received a complaint about the issue in 2013 and that the error dated back to 2007. ANZ said a system error was to blame and that it was resolving the problem and had apologised to customers. "There was an issue where some customers were either underpaid or overpaid the correct amount of bonus interest on their progress saver account," ANZ's media spokesperson Emily Kinnear told the BBC. But Ms Kinnear said the bank would not recoup the amounts that were overpaid. The bank said the issue had affected 0.5% of saving accounts each month and that the majority of refunds were for amounts of A$35. About 100,000 customers were owed less than A$5. Ms Kinnear said a thorough review had been conducted and reimbursements should be completed. Australia's banking watchdog, the Australian Securities and Investment Commission (ASIC), said the lender had reported the matter to the regulator. It said ANZ had taken its breach reporting obligations seriously and that the refund payment included an additional amount "to recognise the time elapsed since the initial breach". "Breach reporting helps ASIC ensure affected consumers are returned to the position they would have held if it were not for the breach occurring at all," ASIC's deputy chairman Peter Kell said. Earlier this year, ANZ won an appeal against a landmark court ruling that some of its fees for late payments were unfair. One of the largest in the country, the class action suit began in 2010 and involved some 43,500 customers. The lender posted a record annual cash profit of A$7.2bn ($5.1bn; œ3.34bn). The result for the year to September marked a 1% rise on cash profits from a year earlier. ASTORIA FINANCIAL: Faces "Ira" Suit Over Proposed Sale to NYCB -------------------------------------------------------------- Sandra E. Weiss Ira, individually and on behalf of all others similarly situated v. Astoria Financial Corporation, et al., Case No. 607132/2015 (N.Y. Sup. Ct., November 4, 2015) is brought on behalf of all the public holders of common stock of Astoria Financial Corporation, to enjoin the sale of the Company to New York Community Bancorp, Inc. at a grossly unfair price as a result of a materially unfair and conflict-ridden process. Astoria Financial Corporation operates as the holding company for Astoria Bank that provides various financial products and services to individuals and businesses in the United States. New York Community Bancorp, Inc. operates as a holding company for New York Community Bank and New York Commercial Bank and offers banking products and financial services in New York, New Jersey, Florida, Ohio, and Arizona. The Plaintiff is represented by: Matthew M. Guiney, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 270 Madison Avenue New York, NY 10016 Telephone: (212) 545-4600 E-mail: guiney@whafh.com ATP OIL: Louisiana Court Dismisses Securities Class --------------------------------------------------- Judge Sarah S. Vance of the United States District Court for the Eastern District of Louisiana granted the motion to dismiss the securities class action brought on behalf of all persons who purchased ATP Oil & Gas Corporation's common stock in the public market between December 16, 2010 and ATP's bankruptcy filing on August 17, 2012. Because it is in bankruptcy proceedings, ATP is not named as a defendant in the action. Instead, the court-appointed Lead Plaintiffs Brian M. Neiman, William R. Kruse, and the Moshe Issac Foundation, individually and on behalf of the class, are suing ATP's senior executives, alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as well as SEC Rule 10b-5 promulgated thereunder. Defendants T. Paul Buhlman, Albert L. Reese, Jr., Keith R. Godwin, and Leland E. Tate filed a motion to dismiss plaintiffs' Consolidated Class Action Complaint for failure to state a claim on March 6, 2015. The case is FIREFIGHTERS PENSION & RELIEF FUND OF THE CITY OF NEW ORLEANS, Individually and on Behalf of All Others Similarly Situated v. T. PAUL BULMAHN, ET AL. SECTION: R, CIVIL ACTION NO. 13-3935, NO. C/W 13-6083., 13-6084, 13-6233 (E.D. La.). A full-text copy of the Order dated November 23, 2015 is available at http://is.gd/890ailfrom Leagle.com. Firefighters Pension & Relief Fund of the City of New Orleans, Plaintiff, represented by Andrew Allen Lemmon, Esq. -- Andrew@lemmonlawfirm.com -- Lemmon Law Firm, Donald A Broggi, Scott & Scott LLP, Irma L. Netting, Esq. -- irma@lemmonlawfirm.com -- Lemmon Law Firm & Joseph P. Guglielmo, Esq -- Scott & Scott LLP. Brian M Neiman, Consol Plaintiff, represented by William B. Federman, Esq. -- wbf@federmanlaw.com -- Federman & Sherwood & Stephen H. Kupperman, Esq. -- skupperman@barrassousdin.com -- Barrasso,Usdin, Kupperman, Freeman & Sarver, LLC. T Paul Bulmahn, Defendant, represented by Roy Clifton Cheatwood, Baker Donelson Bearman Caldwell & Berkowitz, Hamilton P Lindley, Esq. -- Dean & Lyons, LLP, James P. Sullivan, Esq. -- tjsullivan@kslaw.com -- King & Spalding, LLP, Matthew A. Woolf, Baker Donelson Bearman Caldwell & Berkowitz, Michael J. Biles, Esq. -- mbiles@kslaw.com -- King & Spalding, LLP, Paul R. Bessette, Esq. -- pbessette@kslaw.com -- King & Spalding, LLP, Royale Price, Esq. -- rprice@kslaw.com -- King & Spalding, LLP, Tyler W Highful, Esq. -- thighful@kslaw.com -- King & Spalding, LLP & Yusuf Bajwa, Esq. -- King & Spalding, LLP. Albert L Reese, Jr., Defendant, represented by Roy Clifton Cheatwood, Esq. -- rcheatwood@bakerdonelson.com -- Baker Donelson Bearman Caldwell & Berkowitz, Hamilton P Lindley, Dean & Lyons, LLP, James P. Sullivan, King & Spalding, LLP, Matthew A. Woolf, Esq. -- mwoolf@bakerdonelson.com -- Baker Donelson Bearman Caldwell & Berkowitz, Michael J. Biles, King & Spalding, LLP, Paul R. Bessette, King & Spalding, LLP, Royale Price, King & Spalding, LLP, Tyler W Highful, King & Spalding, LLP & Yusuf Bajwa, King & Spalding, LLP. Keith R Godwin, Defendant, represented by Roy Clifton Cheatwood, Baker Donelson Bearman Caldwell & Berkowitz, Hamilton P Lindley, Dean & Lyons, LLP, James P. Sullivan, King & Spalding, LLP, Matthew A. Woolf, Baker Donelson Bearman Caldwell & Berkowitz, Michael J. Biles, King & Spalding, LLP, Paul R. Bessette, King & Spalding, LLP, Royale Price, King & Spalding, LLP, Tyler W Highful, King & Spalding, LLP & Yusuf Bajwa, King & Spalding, LLP. About ATP Oil Houston, Texas-based ATP Oil & Gas Corporation is an international offshore oil and gas development and production company focused in the Gulf of Mexico, Mediterranean Sea and North Sea. ATP Oil & Gas filed a Chapter 11 petition (Bankr. S.D. Tex. Case No. 12-36187) on Aug. 17, 2012. Attorneys at Mayer Brown LLP, serve as bankruptcy counsel. Munsch Hardt Kopf & Harr, P.C., is the conflicts counsel. Motley Rice LLC and Fayard & Honeycutt, APC serve as special counsel. Opportune LLP is the financial advisor and Jefferies & Company is the investment banker. Kurtzman Carson Consultants LLC is the claims and notice agent. ATP disclosed assets of $3.6 billion and $3.5 billion of liabilities as of March 31, 2012. Debt includes $365 million on a first-lien loan where Credit Suisse AG serves as agent. There is $1.5 billion on second-lien notes with Bank of New York MellonTrust Co. as agent. ATP's other debt includes $35 million on convertible notes and $23.4 million owing to third parties for their shares of production revenue. Trade suppliers have claims for $147 million, ATP said in a court filing. An official committee of unsecured creditors has been appointed in the case. Evan R. Fleck, Esq., at Milbank, Tweed, Hadley & McCloy, in New York, represents the Creditors Committee as counsel. A seven-member panel of equity security holders has also been appointed in the case. Kyung S. Lee, Esq., and Charles M. Rubio, Esq. of Diamond McCarthy LLP, in Houston, Texas, serve as counsel to the Equity Committee. Judge Marvin Isgur of the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division, issued an order on June 26, 2014, converting ATP Oil & Gas Corporation's Chapter 11 case to one under Chapter 7 of the Bankruptcy Code. AURORA BEHAVIORAL: Outdated Policies Can Lead to Costly Suits ------------------------------------------------------------- Laura Reathaford, Esq. -- lreathaford@Venable.com -- and Ryan M. Andrews, Esq. -- rmandrews@Venable.com -- at Venable LLP, in an article for Lexology.com, reported that outdated and non-compliant meal or rest break policies can, and often do, lead to costly class action lawsuits for employers. But having lawful written policies is only half the battle. A recent California court of appeal decision reiterated that "the mere existence of a lawful break policy will not defeat class certification in the face of actual contravening policies and practices that, as a practical matter, undermine the written policy and do not permit breaks." Alberts v. Aurora Behavioral Health Care, -- Cal.Rptr.3d --, 2015 WL 6121981 (Cal. Ct. App. Oct. 16, 2015). In Alberts, nurses at a hospital brought a class action alleging that the Hospital denied them meal and rest periods and forced them to work off the clock. The Hospital had a written policy that provided for a meal break "approximately halfway between the start and ending of the employee's shift," and allowed for two 10-minute rest periods "approximately halfway between starting time and an employee's meal period, and between the meal period and an employee finishing work for the day." While the parties disputed the lawfulness of these policies, Plaintiffs moved to certify the class on the theory that the Hospital systematically understaffed its nursing positions, making it impossible for all employees to take all of their mandated meal and rest breaks. Plaintiffs also alleged that the Hospital had a business practice of regularly directing nurses to work off the clock in order to maintain appropriate nurse staffing ratios even though the Hospital's written policy expressly prohibited off-the-clock work. The trial court denied class certification in part because of the "facial legality" of the Hospital's written policies. But the court of appeal reversed, holding that the mere existence of a lawful policy will not defeat class certification in the face of actual contravening policies and practices that, as a practical matter, undermine the written policy and do not permit breaks. The Court found that the question of whether the Hospital's "system governing rest and meal breaks-which applies to all putative class member-does not comply with California law" is a common question amenable to class certification. Alberts also has good news for employers. The court held that even if plaintiffs had articulated a common issue for purposes of class certification, it was unclear whether the case would be manageable as a class action, and the court remanded the case for further consideration of that issue. In other words, even where the Plaintiffs' theory of recovery turns on the lawful application of a written policy and thus, may present a common question, this does not necessarily mean that common issues will predominate such that the case can be manageably tried as a class action. The concurring opinion stressed that the case is unlikely to be able to proceed as a class action because, "[i]n a case like this one, where plaintiffs' primary allegations are that the Hospital had de facto illegal policies, as opposed to policies illegal on their face, individual evidence is likely to be central both to plaintiffs' case and to the Hospital's defense." Accordingly, employers would be wise not to assume that written policies will insulate them from class actions. They should, instead, assess whether their actual business practices are in line with their written policies. AVALONBAY COMMUNITIES: Judge Dismisses Part of Class Suit --------------------------------------------------------- Svetlana Shkolnikova, writing for NorthJersey.com, reported that a federal judge has dismissed part of a class action lawsuit filed by residents of the Avalon at Edgewater apartment complex, ruling that they could not be compensated for losses from the January fire under the state's Consumer Fraud Act. The blaze destroyed more than half the apartments in the 308-unit development, leaving about 500 people homeless and displacing hundreds more. Two residents sued AvalonBay Communities Inc., which manages more than 170 apartment communities in the country, on behalf of all tenants of the Russell building and the River Mews building, alleging negligence, private nuisance and consumer fraud. In a 14-page opinion, U.S. District Judge Jose L. Linares ruled that "while the court recognizes the loss suffered by plaintiffs, the court agrees with AvalonBay that plaintiffs have not pled sufficient facts to establish a NJCFA violation." The plaintiffs had argued that Avalon's marketing of the development as the "best New Jersey apartments" with "beautifully maintained grounds, and top of the line amenities" and "thoughtfully designed floor plans" led tenants to believe that the company "incorporated the latest and best luxury construction, when in fact it was a fire trap." They accused the company of intentionally omitting information about the building materials in the complex, its history of fire- related incidents, including another fire at the site 15 years ago, and the lack of credentials of the plumbers who were hired to perform maintenance on the Russell building and accidentally sparked the fire while using a blowtorch. Fire officials blamed lightweight wood construction and the building's truss-style roof for accelerating the spread of the blaze from above and causing a collapse. The judge found the arguments insufficient, writing that the plaintiffs failed to cite any law requiring a landlord to disclose all building materials to prospective tenants, referenced past fire incidents that occurred on construction sites and not occupied apartment buildings and referred to a post-fire inspection of the River Mews building that "says nothing about the conditions that existed at the time the defendant leased the property." "The court understands the emotion behind the pleadings but plaintiffs must understand that not every alleged wrong can be remedied with every cause of action," he wrote. The plaintiffs' lawyers have until Dec. 3 to re-plead the fraud claim, though the judge cautioned that "current allegations suggest that that may not be able to state a valid. . . claim." CALIFORNIA: Suit Pursues End of Bail for Non-Violent Offenders -------------------------------------------------------------- Omari Fleming, writing for NBC San Diego, reported that suspected criminals arrested, but not put behind bars on bail. This could be the reality, at least according to a federal class-action lawsuit recently filed by a nonprofit organization in California. The organization, Equal Justice Under Law, filed the lawsuit in San Francisco proposing an end to money-based bail for non-violent offenders. If the organization wins the case, it could have broader implications for counties across the state, including San Diego County, where some find the idea of no bail worrisome. "I can't imagine life without bail," exclaimed San Diego bail agent, Wendy Zummut, owner of Bail Bond Woman. "It would be catastrophic! We'd have anarchy." The lawsuit calls the bail process a "wealth-based detention scheme" that essentially allows rich people to pay out of pocket to get out of jail while the poor either remain jailed or are forced to go to bail agents, financing their freedom over time. Phil Telfeyan, Executive Director of Equal Justice Under Law, filed the class-action suit. "If the state has already made policy decision that if you're selling drugs, if you pay enough money you can be free, we don't think that's a fair process," he explained. "It's discrimination against the poor so that two people who commit the exact same crime have different outcomes based on wealth status." But not everyone agrees with that stance. "If I get arrested for DUI and my bail is $2,500 and I'm homeless and you get arrested for drunk driving and you're a multimillionaire, it's $2,500," Marco LiMandri, of the California Bail Agents Association, told NBC 7. "That's fair. We're both paying the same amount." The suit notes counties have methods besides monetary bail to ensure suspects appear in court while still keeping the public safe, including things like home detention and electronic monitoring. "If there is domestic violence there can be a restraining order put in place as a pretrial condition," added Telfeyan. "Misdemeanor domestic violence is a gateway to felony domestic violence as things escalate, as we learned from O.J.," Zumutt countered. The San Diego Police Department, San Diego County Sheriff's Department and San Diego County District Attorney's office did not want to comment on the lawsuit, citing pending litigation. Similar lawsuits have been filed in seven other states. CALIFORNIA: Toll Roads Accused of Privacy Breach ------------------------------------------------ The NewsPaper reported that toll roads in Orange County, California are violating federal laws designed to guard against identity theft. That is the contention of Tustin resident Robert Cohen in a class action lawsuit filed in the US District Court for the Central District of California. According to the complaint, the Foothill/Eastern Transportation Corridor Agency and the San Joaquin Hills Transportation Corridor Agency (state government entities collectively known as The Toll Roads) outsourced money collection first to 3M and then BRiC-TPS LLC. These firms, which handle payment information from 250,000 motorist trips every day, have allegedly failed to follow a 2006 law that prohibits the display of more than five digits of a credit card number on a receipt. Cohen received a notice from The Toll Roads disclosing eight digits of his Visa card number. Congress adopted the Fair and Accurate Credit Transactions Act (FACTA) to keep identity thieves from gathering account numbers by, for example, looking for receipts in the trash. California's own version of this law has been in effect since 2001. Cohen argues the tolling agencies have no excuse for failing to abide by it. "Since its enactment in 2006, the requirements of FACTA have been widely publicized, including to defendants," Cohen's attorney, Jeff S. Westerman, wrote. "Despite being on notice for over a decade, defendants willfully, knowingly, or recklessly violated FACTA, designed to prevent identity theft, when plaintiff and other class members paid their tolls with a credit or debit card and received an electronically printed receipt from The Toll Roads disclosing more than the last five digits of their card numbers." Motorists who may not want to subject themselves to the possibility of identity theft have no choice, as these toll roads stopped accepting cash. "Thieves commonly obtain credit or debit card receipts that are stolen, lost, or discarded, and use this information to engage in fraudulent and unauthorized credit and debit card transactions," Westerman wrote. "They are facilitated in deciphering account numbers if more than the last five digits of a credit or debit card are disclosed." Under FACTA, affected consumers are entitled to damages of between $100 and $1000 for a violation, plus punitive damages. CAMBRIDGE INTERNATIONAL: Suit Seeks to Recover Unpaid Overtime -------------------------------------------------------------- Scott Newland, Dejuan Brown, and James Lidgard, individually and on behalf of all others similarly situated v. Cambridge International Systems, Inc., Case No. 2:15-cv-00491-MSD-DEM (E.D. Va., November 10, 2015) seeks to recover overtime wages, liquidated damages, costs, attorneys' fees, declaratory and injunctive relief, and any other relief pursuant to the Fair Labor Standard Act. Cambridge International Systems, Inc. owns and operates a company providing IT solutions and problem solving which does work in Virginia. The Plaintiff is represented by: Todd M. Gaynor, Esq. GAYNOR LAW CENTER, PC 440 Monticello Avenue, Suite 1800 Norfolk, VA 23454 Telephone: (757) 828-3739 Facsimile: (757) 257-3674 E-mail: tgaynor@gaynorlawcenter.com - and - J. Allen Schreiber, Esq. BURKE HARVEY, LLC 2151 Highland Avenue, Suite 150 Birmingham, AL Telephone: (205) 930-8144 Facsimile: (205) 930-9091 E-mail: aschreiber@burkeharvey.com CASHCALL INC: Illegally Collects Debt, "Moore" Action Claims ------------------------------------------------------------ Jeffrey S. Moore, individually and on behalf of a class of similarly situated individuals v. CashCall, Inc., et al., Case No. 2:15-cv-00192 (E.D. Ky., November 9, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. CashCall, Inc. owns and operates a debt collection agency in Kentucky. The Plaintiff is represented by: Matthew T. Sanning, Esq. LAW OFFICE OF MATTHEW T. SANNING 224 Main Street Augusta, KY 41001 Telephone: (606) 756-2066 Facsimile: (606) 765-2664 E-mail: mattsanning@windstream.net - and - Robert R. Sparks, Esq. STRAUSS & TROY CO., LPA 150 E. Fourth Street Federal Reserve Building, Fourth Floor Cincinnati, OH 45202-4018 Telephone: (513) 621-2120 Facsimile: (513) 241-8259 E-mail: rrsparks@strausstroy.com CAVALRY PORTFOLIO: Illegally Collects Debt, "Olsen" Suit Claims --------------------------------------------------------------- Christopher Olsen, on behalf of himself and all others similarly situated v. Cavalry Portfolio Services, LLC, Case No. 8:15-cv- 02520 (M.D. Fla., October 23, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Cavalry Portfolio Services, LLC owns and operates a debt collection agency in Florida. The Plaintiff is represented by: Ian Richard Leavengood, Esq. J. Andrew Meyer, Esq. LEAVENGOOD, DAUVAL, BOYLE & MEYER PA 3900 First St N Ste 100 St Petersburg, FL 33703-6109 Telephone: (727) 327-3328 Facsimile: (727) 327-3305 E-mail: ileavengood@leavenlaw.com ameyer@leavenlaw.com CHECKPOINT SYSTEMS: Block & Leviton Files Securities Class Suit --------------------------------------------------------------- Block & Leviton LLP (www.blockesq.com) has filed a class action lawsuit against Checkpoint Systems Inc. ("Checkpoint" or the "Company") (NYSE:CKP) and three of the Company's current or former officers following the Company's restatement of previously issued financial statements, resulting in a dramatic drop in the Company's stock price, costing shareholders tens of millions in losses. The case is pending in the United States District Court for the District of New Jersey and is captioned Meier v. Checkpoint Systems, Inc., et al. The lawsuit was brought on behalf of all investors who purchased or otherwise acquired Checkpoint securities (the "Class") between March 5, 2015 and November 3, 2015 (the "Class Period"). If you have questions about your legal rights, would like a copy of the complaint or if you have information relevant to this lawsuit, please contact either attorney Steven Harte at (617) 398-5600 or by email at Steven@blockesq.com or attorney Brad Vettraino at (617) 398-5600 or by email at Bradley@blockesq.com The lawsuit alleges that throughout the Class Period, the defendants made false and misleading statements and failed to disclose material information, with respect to the accounting for its quarterly income tax provisions. On November 3, 2015, Checkpoint announced in an 8-K filing with the SEC that it intended to restate certain financial statements made in its filings for the first two quarters of 2015 and that such previous statements should no longer be relied upon. As a result of the Company's need to restate its financial results, Checkpoint's shares fell by more than 22% on the day the restatements were made, resulting in a loss in market capitalization of nearly $70 million. If you wish to serve as a lead plaintiff, you must move the Court no later than January 11, 2016. As a member of the class, you may seek to file a motion to serve as a lead plaintiff, retain counsel of your choosing or take no action and remain an absent class member. Block & Leviton represents investors for violations of securities laws as well as whistleblowing employees who provide information about their employers' violations of law throughout the country. The firm's lawyers have collectively been prosecuting securities cases for over 70 years, have recovered billions of dollars for investors and represent some of the nation's largest institutional investors. Contact: Steven Harte, Esq. BLOCK & LEVITON LLP 155 Federal St. Boston MA 02110 Tel: (617) 398-5600 DISCOUNT WAREHOUSE: Fails to Pay Employees Overtime, Action Says ---------------------------------------------------------------- Porfirio Tapia Bautista and all others similarly situated v. The Discount Warehouse, Inc., Raphael Shabtai, and Chanel S. Shabtai, Case No. 1:15-cv-24206-KMM (S.D. Fla., November 10, 2015) is brought against the Defendants for failure to pay overtime wages for work performed in excess of 40 hours weekly. The Discount Warehouse, Inc. exports and distributes surplus, salvage, and closed out general merchandise to buyers, distributors, flea market vendors, auctioneers, and brokers. The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Telephone: (305) 865-6766 Facsimile: (305) 865-7167 E-mail: ZABOGADO@AOL.COM ELITE BIO: Faces "Martinez" Suit Over Failure to Pay Overtime ------------------------------------------------------------- Kerry Martinez, Matthew Beckner, Shawnte Charles, Russell Ford, Derrell Lykes, and Eric Mckinley, individually and on behalf of similarly situated employees v. Elite Bio Labs, LLC, and Ming Hou, Case No. 3:15-cv-00505 (E.D. Tenn., November 10, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants manufacture, market, and sell dietary supplements from their facility in Seymour, Tennessee. The Plaintiff is represented by: Jesse D. Nelson, Esq. Kayla L. Towe, Esq. LAW OFFICE OF JESSE D. NELSON, PLLC 9724 Kingston Pike, Suite 104 Knoxville, TN 37922 Telephone: (865) 383-1053 E-mail: jesse@jessenelsonlaw.com kayla@jessenelsonlaw.com ENERGES LLC: Faces "Romo" Suit Over Failure to Pay Overtime ----------------------------------------------------------- Ricardo Romo, and Martin W. Kolodzire, individually and on behalf of other similarly situated v. Energes LLC f/k/a Mesa Services, LLC, Case No. 5:15-cv-00983 (W.D. Tex., November 10, 2015) is brought against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standard Act. Energes LLC is in the business of providing energy safety solutions. The Plaintiff is represented by: Glenn D. Levy, Esq. LAW OFFICE OF GLENN D. LEVY 906 Basse, Suite 100 San Antonio, TX 78212 Telephone: (210) 822-5666 Facsimile: (210) 822-5650 EQUIFAX INC: Sued Over Fair Credit Reporting Act Violation ---------------------------------------------------------- Kathleen N. Pedro, on behalf of herself and all others similarly situated v. Equifax, Inc., et al., Case No. 1:15-cv-03735 (N.D. Ga., October 23, 2015) is brought against the Defendants for violation of the Fair Credit Reporting Act. Equifax, Inc. operates as a consumer credit reporting agency in Atlanta, Georgia. The Plaintiff is represented by: James A. Francis, Esq. FRANCIS & MAILMAN, P.C. 19th Floor, Land Title Building 100 South Broad Street Philadelphia, PA 19110 Telephone: (215) 735-8600 Facsimile: (215) 940-8000 E-mail: jfrancis@consumerlawfirm.com - and - Jonathan D. Selbin, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 - and - Kenneth S. Canfield, Esq. DOFFERMYRE SHIELDS CANFIELD & KNOWLES, LLC 1355 Peachtree Street, N.E., Suite 1600 Atlanta, GA 30309 Telephone: (404) 881-8900 E-mail: kcanfield@dsckd.com - and - Matthew R. Wilson, Esq. DAVID P. MEYER & ASSOCIATES CO., LPA Suite 100, 1320 Dublin Road Columbus, OH 43215 Telephone: (614) 224-6000 Facsimile: (614) 224-6066 E-mail: mwilson@dmlaws.com ESCALLATE LLC: Illegally Collects Debt, "Monaghan" Suit Claims -------------------------------------------------------------- John A. Monaghan, on behalf of himself and those similarly situated v. Escallate, LLC, et al., Case No. 2:15-cv-07991 (D.N.J., November 9, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Escallate, LLC owns and operates a debt collection agency in New Jersey. The Plaintiff is represented by: Yongmoon Kim, Esq. KIM LAW FIRM LLC 411 Hackensack Ave 2 Fl. Hackensack, NJ 07601 Telephone: (201) 273-7117 Facsimile: (201) 273-7117 E-mail: ykim@kimlf.com EXPERIAN INFORMATION: Faces "Kearns" Suit Over Data Breach ---------------------------------------------------------- Julie Kearns, on behalf of herself and all others similarly situated v. Experian Information Solutions, Inc., Case No. 8:15- cv-01853 (C.D. Cal., November 10, 2015) arises out of the massive hack on Experian's servers that compromised the sensitive data of T-Mobile's customers and individuals who applied for credit with T-Mobile. Experian Information Solutions, Inc. is an Ohio corporation which provides, among other things, credit check services to corporations. The Plaintiff is represented by: Christopher P. Ridout, Esq. Caleb Marker, Esq. ZIMMERMAN REED LLP 555 E. Ocean Blvd., Suite 500 Long Beach, CA 90802 Telephone: (877) 500-8780 Facsimile: (877) 500-8781 E-mail: christopher.ridout@zimmreed.com.com caleb.marker@zimmreed.com - and - Daniel E. Gustafson, Esq. Jason S. Kilene, Esq. Joseph C. Bourne, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dgustafson@gustafsongluek.com jkilene@gustafsongluek.com jbourne@gustafsongluek.com EXPERIAN HOLDINGS: Faces "Wenzel" Suit Over FCRA Violation ---------------------------------------------------------- Gregory Wenzel, et al. v. Experian Holdings Inc., et al, Case No. 8:15-cv-01847 (C.D. Cal., November 10, 2015) is brought against the Defendants for violation of the Fair Credit Reporting Act. Experian Holdings Inc. operates a global information services company. The Plaintiff is represented by: Aron K. Liang, Esq. Jack W. Lee, Esq. MINAMI TAMAKI LLP 360 Post Street 8th Floor San Francisco, CA 94108 Telephone: (415) 788-9000 Facsimile: (415) 398-3887 E-mail: aliang@minamitamaki.com jlee@minamitamaki.com - and - Manfred Patrick Muecke, Esq. BONNETT FAIRBOURN FRIEDMAN AND BALINT PC 600 West Broadway Suite 900 San Diego, CA 92101 Telephone: (619) 756-7748 Facsimile: (602) 274-1199 E-mail: mmuecke@bffb.com EXPERIAN HOLDINGS: Faces "Nguyen" Suit Over Debt Collection ----------------------------------------------------------- Oanh Nguyen, individually and on behalf of all others similarly situated v. Experian Holdings Inc., et al., Case No. 8:15-cv- 01722 (C.D. Cal., October 23, 2015) is brought against the Defendants for violation of the Fair Credit Reporting Act. Experian Holdings Inc. operates a global information services company. The Plaintiff is represented by: Samuel M. Ward, Esq. Stephen R. Basser, Esq. BARRACK RODOS AND BACINE One America Plaza 600 West Broadway Suite 900 San Diego, CA 92101 Telephone: (619) 230-0800 Facsimile: (619) 230-1874 E-mail: sward@barrack.com sbasser@barrack.com - and - Wylie A. Aitken, Esq. Darren O'Leary Aitken, Esq. AITKEN AITKEN COHN 3 MacArthur Place No 800 Santa Ana, CA 92707 Telephone: (714) 434-1424 Facsimile: (714) 434-3600 E-mail: wylie@aitkenlaw.com darren@aitkenlaw.com FLOTEK INDUSTRIES: Gainey McKenna Files Securities Suit ------------------------------------------------------- Gainey McKenna & Egleston announces that a class action lawsuit has been filed in the United States District Court for the Southern District of Texas on behalf of all persons or entities that purchased the securities of Flotek Industries Inc. (NYSE:FTK) between October 23, 2014 through November 9, 2015 (the "Class Period"), alleging violations of the Securities Exchange Act of 1934 against the Company and certain of its officers (the "Complaint"). The Complaint alleges that Defendants issued materially false and misleading statements to investors and/or failed to disclose that: (1) the Company's proprietary software application-FracMax-had data and process errors; (2) the reported production data from FracMax for three of the wells in the Company's New York City Investor Presentation on September 11, 2015 were inaccurate; (3) a FracMax app from the Company in the Apple iTunes Store does not work; and (4) as a result of the foregoing, the Company's public statements were materially false and misleading at all relevant times. When the true details entered the market, the lawsuit claims that investors suffered damages. If you wish to serve as lead plaintiff, you must move the Court no later than January 11, 2016. 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, or to discuss your rights or interests regarding this class action, please contact Thomas J. McKenna, Esq. or Gregory M. Egleston, Esq. of Gainey McKenna & Egleston at (212) 983-1300, or via e-mail at tjmckenna@gme-law.com or gegleston@gme-law.com. This may be considered attorney advertising in some jurisdictions and prior results do not guarantee a similar outcome with respect to any future matter. FLOTEK INDUSTRIES: Rosen Law Firm Files Securities Class Suit ------------------------------------------------------------- Rosen Law Firm, a global investor rights law firm, announces that it has filed a class action lawsuit on behalf of purchasers of Flotek Industries Inc. securities from October 23, 2014 through November 9, 2015, all dates inclusive (the "Class Period"). The lawsuit seeks to recover damages Flotek Industries investors under the federal securities laws. To join the Flotek Industries class action, go to the firm's website at http://www.rosenlegal.com/cases-777.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. NO CLASS HAS YET BEEN CERTIFIED IN THE 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) Flotek Industries' proprietary software application'FracMax'had data and process errors; (2) the reported production data from FracMax for three of the wells in the Company's New York City Investor Presentation on September 11, 2015 were inaccurate; (3) an application from the Company claiming to be FracMax available in the Apple iTunes Store does not work; and (4) as a result of the foregoing, the Company's public statements were materially false and misleading at all relevant times. 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 January 11, 2016. 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 the firm's website at http://www.rosenlegal.com/cases-777.htmlor to discuss your rights or interests regarding this class action, please contact Phillip Kim, Esq. or Kevin Chan, Esq. of Rosen Law Firm toll free at 866-767-3653 or via e-mail at pkim@rosenlegal.com or kchan@rosenlegal.com. Rosen Law Firm represents investors throughout the globe, concentrating its practice in securities class actions and shareholder derivative litigation. The Rosen Law Firm, P.A. Laurence Rosen, Esq. Phillip Kim, Esq. Kevin Chan, Esq. 275 Madison Avenue, 34 [th] Floor New York, NY 10016 Tel: (212) 686-1060 Toll Free: (866) 767-3653 Fax: (212) 202-3827 lrosen@rosenlegal.com pkim@rosenlegal.com kchan@rosenlegal.com GENERAL CHEMICAL: Sued Over Liquid Aluminum Sulfate-Price Fixing ---------------------------------------------------------------- City and County of Denver acting by and through its Board of Water Commissioners, on behalf of itself and on behalf of all others similarly situated v. General Chemical Performance Products, LLC, Chemtrade Logistics Income Fund, and Does 1-10, Case No. 2:15-cv-07996-SRC-CLW (D.N.J., November 10, 2015) arises from the Defendants' alleged long-standing conspiracy to constrain or eliminate competition in the sale and distribution of liquid aluminum sulfate in the United States. The Defendants are the largest producers of liquid aluminum sulfate in North America. The Plaintiff is represented by: Peter S. Pearlman, Esq. COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP Park 80 West - Plaza One 250 Pehle Avenue, Suite 401 Saddle Brook, NJ 07663 Telephone: (201) 845-9600 Facsimile: (201) 845-9423 E-mail: psp@njlawfirm.com GREEN & COHEN: Illegally Collects Debt, "Rosenzweig" Suit Says -------------------------------------------------------------- Joel Rosenzweig, et al., v. Green & Cohen, P.C., et al., Case No. 1:15-cv-06100 (E.D.N.Y., October 23, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Green & Cohen, P.C. operates a law firm located at 319 E 91st St, New York, NY 10128. The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, ATTORNEY AT LAW 483 Chestnut Street Cedarhurst, NY 11516 Telephone: (516) 791-4400 Facsimile: (516) 791-4411 E-mail: fishbeinadamj@gmail.com HUMANA INC: "Kinkead" Suit Seeks to Recover Unpaid OT Wages ----------------------------------------------------------- Daverlynn Kinkead, individually and on behalf of all others similarly situated v. Humana, Inc., Humana at Home, Inc., and Seniorbridge Family Companies (CT), Inc., Case No. 3:15-cv-01637- JAM (D. Conn., November 10, 2015) seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. The Defendants operate a Kentucky-based for-profit health insurance company. The Plaintiff is represented by: Dan Getman, Esq. Michael J.D. Sweeney, Esq. GETMAN & SWEENEY, PLLC 9 Paradise Lane New Paltz, NY 12561 Telephone: (845) 255-9370 Facsimile: (845) 255-8649 E-mail: dgetman@getmansweeney.com msweeney@getmansweeney.com - and - Philip Bohrer, Esq. Scott E. Brady, Esq. BOHRER BRADY LLC 8712 Jeffrey Highway, Ste. B Baton Rouge, LA 70809 Telephone: (225) 925-5297 Facsimile: (225) 231-7000 E-mail: Phil@bohrerbrady.com Scott@bohrerbrady.com JAFFE & ASHER: Illegally Collects Debt, "O'Donnell" Suit Claims --------------------------------------------------------------- Thomas O'Donnell, as an individual; on behalf of himself and all others similarly situated v. Jaffe & Asher LLP, et al., Case No. 2:15-cv-07697 (D.N.J., October 24, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Jaffe & Asher LLP operates a law firm located at 600 3rd Ave #23, New York, NY 10016. The Plaintiff is represented by: Yongmoon Kim, Esq. KIM LAW FIRM LLC 411 Hackensack Ave 2 Fl. Hackensack, NJ 07601 Telephone: (201) 273-7117 Facsimile: (201) 273-7117 E-mail: ykim@kimlf.com JC PENNEY: Settles Class Suit Over Markdowns -------------------------------------------- Ian P. Murphy, writing for RetailDive.com, reported that J.C. Penney Co. has settled a class-action lawsuit in which it was accused of marking up items before putting them on sale to increase shoppers' perceptions of the discount. Penney will pay $50 million to California shoppers under the settlement, and defendants will have the option of a cash payment or store credit as payment. Federal Trade Commission regulations dictate that retailers must sell products at their original prices for a "reasonable" period before advertising markdowns. Dive Insight: J.C. Penney has settled a class-action lawsuit that claims it engaged in a prolonged campaign to mark items up before marking them down again, leading customers to believe that they were getting heavy discounts. Filed in California federal court, the lawsuit named Penney's exclusive and private-label brands such as Liz Claiborne as products likely to carry misleading prices. Shoppers who bought such items in California between Nov. 5, 2010 and Jan. 31, 2012 at discounts of 30% or more will receive a portion of the $50 million settlement in cash or store credit based on the amount of their purchases. Penney's denied wrongdoing in the settlement, but agreed to examine its pricing policies, which depend on numerous discounts and coupons. The chain abandoned its discounting strategy briefly in 2012 under CEO Ron Johnson's widely vilified experiment with value-based "everyday low" prices, and has struggled to regain its footing in the marketplace since. Kohl's and Men's Wearhouse are engaged in similar suits. KANG LAN: Faces "Xia" Suit Over Failure to Pay Overtime Wages ------------------------------------------------------------- Zheng Ji Xia, individually and on behalf of all other employees similarly situated v. Kang Lan Medical PLLC, Summer R. Zhang a/k/a. Ruo Lan Zhang, John Doe and Jane Doe # 1-10, Case No. 1:15- cv-06440-CBA-CLP (E.D.N.Y., November 10, 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 Medical office in Queens located at 37-01 Main Street, Ste. LL1, Flushing NY 11354. The Plaintiff is represented by: Jian Hang, Esq. HANG & ASSOCIATES, PLLC 136-18 39th Ave., Suite 1003 Flushing, NY 11354 Telephone: (718) 353-8588 E-mail: jhang@hanglaw.com KATRINA POWELL: To meet With NCAA Investigators ----------------------------------------------- WLKY.com reported that the woman at the center of the sex scandal involving the University of Louisville is expected to meet with NCAA investigators. Katina Powell, who wrote "Breaking Cardinal Rules," will speak with NCAA investigators. "In consideration of the fact that the Commonwealth is going forward and considering criminal charges against Ms. Powell, it is no longer in her best interest to forgo meeting with the NCAA and sharing all of the demonstrative evidence she has to support her position," her attorney, Larry Wilder, said. In her book, Powell wrote between 2010 and 2014, she was paid thousands of dollars by former University of Louisville staffer Andre McGee to bring young women to perform for basketball recruits at parties held in University of Louisville dorms. Powell said sometimes they were paid to have sex. Five women joined a class action lawsuit against Powell. In the lawsuit, the women said Powell defamed their names in "Breaking Cardinal Rules." The lawyers representing the women said none of their clients engaged in prostitution acts. The class action lawsuit was originally filed by a UofL student who claimed Powell's book lessened the value of her degree from the university. McGee resigned from his assistant coaching position at the University of Missouri-Kansas City. LOS ANGELES, CA: Proposed Deal in DWP Suit May Not Help Customers ----------------------------------------------------------------- CBS Los Angeles reported that the Los Angeles Department of Water and Power's flawed billing system overcharged ratepayers thousands of dollars. The agency is now dealing with the fallout in a proposed class-action settlement. But the settlement will not help certain ratepayers like Bradley Fagerstrom, who said he could not believe it when he got a water bill saying he owed $2,500. Vanessa Marcil said she was shocked when she saw her bill, too. "I got a bill on Oct. 19th saying I owe over $5,000." They are not alone. CBS2/KCAL9's Randy Paige spoke to at least half a dozen customers who said they have been overcharged for water and power the utility company said they used in 2013 and 2014. That is about the same time frame the DWP was using new software that was causing many billing errors. A proposed settlement in a class-action lawsuit against the DWP offers help for customers with future bills but leaves out all of the ratepayers like Fagestrom and Marcil who have already received their bills. "They're preparing for the next billing failure rather than helping any victims of this billing failure," said Consumer Watchdog Jamie Court Fagerstom and Marcil said they have been faithfully making payments. But the DWP claimed they are not paying enough, so they're getting disconnect notices, according to Fagerstom and Marcil. "It's been horrible. Scared the heck out of my wife and my mother- in-law who lives with us -- that they're going to shut off the water, and we're sitting there going shut it off?" Fagerstom outcried. Paige asked DWP General Manager Marcie Edwards how she would respond to these customers. "They need to call us. We need to pull their account. We're certainly not going to disconnect someone for a bad bill," Edwards said. Marcil said she has made many calls and is still waiting for answers. "I live with a disabled Iraq War vet. You're going to turn off his electricity? It doesn't make any sense." LSB INDUSTRIES: Vincent Wong Files Securities Class Suit -------------------------------------------------------- The Law Offices of Vincent Wong announce that a class action lawsuit has been commenced in the USDC for the Southern District of New York on behalf of investors who purchased LSB Industries, Inc. ("LSB Industries" or the "Company") (NYSE: LXU) common stock between May 8, 2015 and August 7, 2015. The Complaint alleges that throughout the Class Period, Defendants made false and/or misleading statements and/or failed to disclose: (1) that the Company's costs related to the expansion of the El Dorado Facility would be significantly higher than reported; and (2) that as a result of the foregoing, the Company's statements about its business, operations, and prospects, were false and misleading and/or lacked a reasonable basis. On August 7, 2015, the Company revealed that it intended to implement certain recommendations after the Strategic Committee of the LSB Industries Board of Directors reviewed the Company's business strategy, corporate governance structure, related party transactions and other governance practices of the Company. Then on September 3, 2015, the Company announced that President and CEO Barry H. Golsen had resigned. If you suffered a loss in LSB Industries you have until November 24, 2015 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. To obtain additional information, contact Vincent Wong, Esq. either via email vw@wongesq.com, by telephone at 212.425.1140, or visit http://docs.wongesq.com/LXU- Info-Request-Form-955. Vincent Wong, Esq. is an experienced attorney that has represented investors in securities litigations involving financial fraud and violations of shareholder rights. CONTACT: Vincent Wong, Esq. 39 East Broadway Suite 304 New York, NY 10002 Tel. 212.425.1140 Fax. 866.699.3880 E-Mail: vw@wongesq.com MD SCIENCE: Removed "Albaran" Suit to C. District California ------------------------------------------------------------ The class action lawsuit captioned Gustavo Albaran, individually and on behalf of all others similarly situated v. M.D. Science Lab, LLC and Does 1-20, Inclusive, Case No. 1511913, was removed from the Riverside County Court to the U.S. District Court for the Central District of California (Eastern Division - Riverside). The District Court Clerk assigned Case No. 5:15-cv-02316-VAP-KK to the proceeding. M.D. Science Lab, LLC offers sexual health products for increased arousal, stamina, and desire for men and women. The Plaintiff is represented by: Ryan M. Ferrell, Esq. Scott J. Ferrell, Esq. NEWPORT TRIAL GROUP APC 4100 Newport Place Suite 800 Newport Beach, CA 92660 Telephone: (949) 706-6464 Facsimile: (949) 706-6469 E-mail: rferrell@trialnewport.com sferrell@trialnewport.com The Defendant is represented by: Todd Matthew Malynn, Esq. 880 West First Street Suite 315 FELDMAN GALE PA Los Angeles, CA 90012 Telephone: (213) 625-5005 Facsimile: (213) 625-5993 E-mail: tmalynn@feldmangale.com MEMPHIS, TEN: Police, Firefighter Unions Sue to Protect Pensions ---------------------------------------------------------------- Kontji Anthony, writing for VMC Action5 News, reported that a group of Memphis city employees stood on the steps of Shelby County Circuit Court to announce they filed a class action lawsuit challenging changes the City Council made to their pension plan in 2014. It's a class action lawsuit that impacts thousands of workers and your safety. Five unions have joined the lawsuit, but it is not just about the money. Employees said the public's safety is at risk. "You cannot change the rules in the middle of the game," Unions attorney Deborah Godwin said. As one group of city employees sang and pledged to dedicate some of their paychecks to the United Way, just a block way, other city employees filed a lawsuit against the city, council and city retirement system over pension cuts that are scheduled to take effect July 1st. Ordinance 5573 cuts retirement benefits of employees with less than seven and a half years on the job. The unions call that arbitrary. The Memphis Police Association said the newest pension proposal is one of the reasons why they're having trouble keeping enough officers on the streets. "These young men and women who came to the second most violent city in America to be able to serve the citizens of this city deserve what was offered to them when they got here," Mike Williams, Memphis Police Association President, said. The employees from five unions said the safety of the community will be at risk, as police officers and fire fighters leave in search of better benefits. "This is something that's been taken away from them. We say it's illegal. That's why we're filing and we'll have our day in court," Thomas Malone, Memphis Firefighters Union President, said. They said the community is being put at risk, as officers and other workers search for better benefits outside Memphis. "That's all a part of the process. Similar lawsuits have been filed in other cities. It does not come as a shock," Mayor A C Wharton said. Wharton could not comment on the merits of the lawsuit. Although the mayor could not go into detail, the city has always maintained the current pension model is unsustainable. The unions named in the lawsuit include fire fighters, police, electrical workers, engineers who build and maintain roads and bridges, as well as machinists. WMC Action News 5's Kontji Anthony will tell you how this impacts taxpayers and have reaction from the city tonight at 6. NIAGARA CREDIT: Accused of Wrongful Conduct Over Debt Collection ---------------------------------------------------------------- Piotr Gawel, on behalf ofhimself and all others similarly situated v. Niagara Credit Solutions, Inc., Case No. 2:15-cv-07986 (D.N.J., November 9, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Niagara Credit Solutions, Inc. owns and operates a debt collection agency located at 420 Lawrence Bell Dr., Williamsville, NY 14221. The Plaintiff is represented by: Lawrence C. Hersh, Esq. 17 Sylvan Street, Suite 102B Rutherford, NJ 07070 Telephone: (201) 507-6300 E-mail: lh@hershlegal.com NII HOLDINGS: Securities Suit Granted Class Certification --------------------------------------------------------- Judge Leonie M. Brinkema of the United States District Court for the Eastern District of Virginia, Alexandria Division, granted the Motion for Class Certification and Appointment of Class Representatives and Class Counsel filed by the lead plaintiffs in the case captioned IN RE NII HOLDINGS, INC. SECURITIES LITIGATION, NO. 1:14-CV-227(LMB/JFA) (E.D. Va.). The lead plaintiffs, all of which are large pension funds, sought to certify a nationwide class composed of "[a]ll persons and entities that, during the period from February 25, 2010 through February 27, 2014, inclusive, purchased or otherwise acquired the publicly traded securities of NII Holdings, Inc. and/or NII Capital Corp. and who were damaged thereby." They also requested that this class include all persons and entities that transacted in NII common stock and three different NII bonds, a 10% Note, an 8.875% Note, and a 7.625% Note. The lead plaintiffs also sought their appointment as class representatives, and the appointment of Labaton Sucharow LLP and Kessler Topaz Meltzer & Check, LLP as co- class counsel and Susan R. Podolsky as class liaison counsel. Judge Brinkema held that the lead plaintiffs have demonstrated that they satisfy the requirements of Fed. R. Civ. P. 23(a) and (b) by a preponderance of the evidence. The judge found that the plaintiffs have satisfied the prerequisites of Rule 23(a) on numerosity, commonality, typicality, and adequacy of representation by the lead plaintiff, co-class counsel, and class liaison counsel. Judge Brinkema also found that the lead plaintiffs have satisfied the requirements of "opt-out class" certification under Rule 23(b)(3) on predominance and superiority. A full-text copy of Judge Brinkema's November 17, 2015 memorandum opinion is available at http://is.gd/i0ohhefrom Leagle.com. Iron Workers District Council of New England Pension Fund, State- Boston Retirement System, Industriens Pensionsforsikring A/S, Danica Pension, Livsforsikringsaktieselskab, The Local 58/NECA Funds, The Pension Trust Fund for Operating Engineers Pension Plan, and Jacksonville Police and Fire Pension Fund are represented by: Elizabeth Anne Aniskevich, Esq. Steven Jeffrey Toll, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave NW Suite 500 Washington, DC 20005 Tel: (202) 408-4600 Fax: (202) 408-4699 Email: eaniskevich@cohenmilstein.com stoll@cohenmilstein.com -- and -- Susan Rebbeca Podolsky, Esq. THE LAW OFFICE OF SUSAN R PODOLSKY 1800 Diagonal Road Alexandria, VA 22314 Tel: (571) 366-1702 Fax: (703) 647-6009 NII Capital Corp. is represented by: Edwin Louis Fountain, Esq. Tara Lynn Renee Zurawski, Esq. JONES DAY 51 Louisiana Avenue, N.W. Washington, D.C. 20001-2113 Tel: (202) 879-3939 Fax: (202) 626-1700 Email: tzurawski@jonesday.com Steven M. Shindler, Steven P. Dussek and Gokul Hemmady are represented by: Michael Dana Warden, Esq. SIDLEY AUSTIN BROWN & WOOD LLP 1501 K Street, N.W. Washington, DC 20005 Tel: (202) 736-8000 Fax: (202) 736-8711 Email: mwarden@sidley.com DeKalb County Employees Retirement Plan, Sheet Metal Workers' National Pension Fund and Wayne County Employees' Retirement System are represented by: Craig Crandall Reilly, Esq. LAW OFFICE OF CRAIG C. REILLY 111 Oronoco Street Alexandria, VA 22314 Tel: (703) 549-5354 Fax: (703) 549-2604 Email: craig.reilly@ccreillylaw.com TOBAM, SAS is represented by: Craig Crandall Reilly, Esq. LAW OFFICE OF CRAIG C. REILLY 111 Oronoco Street Alexandria, VA 22314 Tel: (703) 549-5354 Fax: (703) 549-2604 Email: craig.reilly@ccreillylaw.com -- and -- Susan Rebbeca Podolsky, Esq. THE LAW OFFICE OF SUSAN R PODOLSKY THE LAW OFFICE OF SUSAN R PODOLSKY 1800 Diagonal Road Alexandria, VA 22314 Tel: (571) 366-1702 Fax: (703) 647-6009 NOVANT HEALTH: To Pay $32-Mil. to Settle Retirement Plan Suit ------------------------------------------------------------- Richard Craver, writing for Winston-Salem Journal, reported that Novant Health Inc. has agreed to pay $32 million to settle a class-action lawsuit involving its defined-compensation retirement plan. The lawsuit was filed March 12, 2014, in U.S. District Court in Greensboro by six current and former employees, including Karolyn Kruger, a retired doctor who served as chief of staff at Thomasville Medical Center. Novant's administrative and retirement plan committees -- both in their committee roles and as individuals -- are listed as co- defendants. The preliminary settlement was reached. The complaint accuses Novant of breaching its fiduciary duties by causing plan participants to pay millions of dollars in fees for excessive record-keeping and administrative services to third- party service providers Great West Life & Annuity Insurance Co. and D.L. Davis & Co. of Winston-Salem. According to the plaintiffs' law firm of Schlichter, Bogard & Denton, there are about 25,000 affected Novant employees who had automatically been enrolled in the retirement plan since 2009. The lawsuit covered the period Oct. 1, 1998, to Sept. 30, 2015. The plan's assets more than doubled from $612 million in 2008 to $1.42 billion as of March 2014, the latest total available. The preliminary settlement requires the approval of federal Judge William Osteen Jr. and a fairness hearing. About one-third of the $32 million, or $10.67 million, would go to attorney fees. Each of the six named plaintiffs would receive $25,000. Novant filed for dismissal in May 2014, saying that the plaintiffs had failed to state a claim for excessive investment fees and excessive record-keeping fees. "Novant offers a 'sufficient mix' of 23 different investment options which spanned the risk/return spectrum," Novant said at the time. Novant said in statement of nonopposition that it "disagrees with the claims asserted against it in this action." "But at the same time, it agrees with plaintiffs that a fair and reasonable compromise, which provides Novant employees, former employees and retirees' immediate benefits and protections, is in the best interest of both sides and is preferable to the prospect of years of costly litigation and its attendant uncertainty." In a separate statement issued, Novant said the settlement "ultimately allows us to put additional money toward eligible employees' retirement accounts, rather than spending it on a long and costly legal battle." The actual recovery for each member of the class-action lawsuit depends on the number eligible for an award and the individuals' average quarterly account balances during the class period. According to the settlement, most members of the class-action lawsuit will receive their distributions directly into their tax- deferred retirement account. Those who have already left the plans will be given the option to receive their distributions in the form of a check made out to them or as a rollover into another tax-deferred account. There also is agreement on future "certain non-monetary terms and affirmative relief" that includes hiring a plan record keeper and investment adviser selected by Novant and approved by an independent consultant. Plaintiffs argued that the plan has different versions of the same investment vehicle available with less expensive fees. Osteen wrote in September that "plaintiffs have stated enough of a claim for breach of fiduciary duty to survive defendants' motion." He issued an order in which he upheld three plaintiff disloyalty and imprudence claims as to: Excessive investment options; Excessive payment to Great West, an administrative and record- keeping service provider; and Excessive payments to D.L. Davis, a brokerage company that the plaintiffs claim provided the plan with limited marketing and enrollment services. The complaint said that Great West received excessive compensation of $8.6 million between 2009 and 2012. The complaint states that D.L. Davis received a second source of revenue in the form of "kickbacks" from the managers of the plan investment options. The complaint claims that D.L. Davis provided the plan with limited marketing and enrollment services, but was paid excessive fees up to $9.6 million from 2009 to 2012 in the form of "commissions." Novant said D.L. Davis "provided extensive services that go well beyond mere limited and enrollment services." Among the services that Novant cited are plan-design implementation, mutual-fund selection and fees, selection of the record keeper, and communication and educational efforts with employees. Novant denied allegation of kickbacks. Osteen wrote in September that "at this stage in the proceedings, it is impossible to deduce whether or not Davis' compensation was reasonable without further discovery into facts about Davis, including what exactly Davis did, how exactly Davis was paid, and whether defendants evaluated Davis' compensation prudently." PDR NETWORK: Has Sent Unsolicited Facsimile, Carlton Suit Claims ---------------------------------------------------------------- Carlton & Harris Chiropractic, Inc., individually and as a representative of a class of similarly situated v. PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10, Case No. 3:15-cv-14887 (S.D.W.V., November 10, 2015) seeks to stop the Defendants' practice of sending unsolicited facsimiles. PDR Network, LLC delivers brand-specific prescribing, safety, regulatory, and brand-support information to the healthcare industry. The Plaintiff is represented by: Stuart Calwell, Esq. D. Christopher Hedges, Esq. David H. Carriger, Esq. THE CALWELL PRACTICE, LC 500 Randolph Street Charleston, WV 25302 Telephone: (304) 304-4323 Facsimile: (304) 344-3684 E-mail: scalwell@calwelllaw.com dcarriger@calwelllaw.com chedges@calwelllaw.com - and - Brian J. Wanca, Esq. Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 Facsimile: (847) 368-1501 E-mail: bwanca@andersonwanca.com rkelly@andersonwanca.com PREMIERE GLOBAL: Faces Noble "Suit" Over Proposed Sale to Siris --------------------------------------------------------------- John Noble, individually and on behalf of all others similarly situated v. Boland T. Jones, John Cassidy, K. Robert Draughon, John Harris, W. Steven Jones, Raymond Pirtle, J. Smith, and Premiere Global Services, Inc., Case No. 1:15-cv-03923-AT (N.D. Ga., November 10, 2015) is brought on behalf of all the holders of the common stock of Premiere Global Services, Inc., to enjoin the proposed sale of the Company to Siris Capital Group through a flawed process and inadequate consideration. Premiere Global Services, Inc. is a provider of collaboration software and services, with its principal place of business located at 3280 Peachtree Road, NE, Suite 1000, Atlanta, Georgia 30305. The Plaintiff is represented by: David A. Bain, Esq. LAW OFFICES OF DAVID A. BAIN, LLC 1050 Promenade II 1230 Peachtree St., NE Atlanta, GA 30309 Telephone: (404) 724-9990 Facsimile: (404) 724-9986 E-mail: dbain@bain-law.com - and - Shane T. Rowley LEVI & KORSINSKY, LLP 30 Broad Street, 24th Floor New York, NY 10004 Telephone: (212) 363-7500 E-mail: srowley@zlk.com PROGRESS INC: Faces "Franco" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Francisco Franco, individually and on behalf of all others similarly situated v. Progress, Inc., Case No. 3:15-cv-01207 (M.D. Tenn., November 10, 2015) is brought against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standard Act. Progress, Inc. operates a third party home care companion service in Tennessee. The Plaintiff is represented by: W. Gary Blackburn, Esq. Bryant Kroll, Esq. THE BLACKBURN FIRM 213 Fifth Avenue North, Suite 300 Nashville, TN 37219 Telephone: (615) 254-7770 Facsimile: (866) 895-7272 E-mail: gblackburn@wgaryblackburn.com broll@wgaryblackburn.com RKJ AND SONS: Fails to Pay Employees Overtime, "Walker" Suit Says ----------------------------------------------------------------- Juanita Walker and Tina Mcknight on behalf of themselves and others similarly situated v. RKJ and Sons, LLC d/b/a Subway and Robert Jones, Case No. 4:15-cv-00183-CDL (M.D. Ga., November 10, 2015) is brought against the Defendants for failure to pay overtime wages for all hours worked in excess of 40 per week. The Defendants operate a Subway sandwich store in Phoenix City, Alabama, located at 2C West Ridge Drive, Phoenix City, Alabama 36870. The Plaintiff is represented by: John L. Mays, Esq. MAYS & KERR LLC 235 Peachtree Street NE North Tower | Suite 202 Atlanta, GA 30303 Telephone: (404) 410-7998 Facsimile: (404) 855-4066 E-mail: john@maysandkerr.com SHADOW MANAGEMENT: "Padgett" Suit Seeks to Recover Unpaid Wages --------------------------------------------------------------- Eden Ann Padgett, individually and on behalf of all other similarly situated individuals v. Shadow Management Company, Inc., Splash, Inc., KWE Group, LLC, Gregory Kenwood Gaines and David A. Henson, Case No. 3:15-cv-04561-JFA (D.S.C., November 10, 2015) seeks to recover unpaid minimum wages and unpaid overtime wages, for liquidated damages, and for other relief under the Fair Labor Standards Act. The Defendants own and operate an adult entertainment business and bar within Richland County, South Carolina. The Plaintiff is represented by: David E. Rothstein, Esq. Michael G. Corley, Esq. ROTHSTEIN LAW FIRM, PA 1312 Augusta Street Greenville, South Carolina 29605 Telephone: (864) 232-5870 Facsimile: (864) 241-1386 E-mail: drothstein@rothsteinlawfirm.com mcorley@rothsteinlawfirm.com SINO-FOREST CORP: Court Approves $32.5MM Settlement in Class Suit ----------------------------------------------------------------- The Chronicle Journal reported that the Ontario Superior Court of Justice has approved a $32.5-million settlement in a class-action lawsuit filed by investors who lost money when Sino-Forest Corp. collapsed in 2012 amid allegations of fraud. Several Canadian banks and other financial institutions that helped the Chinese forestry company raise millions on the financial markets agreed to the settlement back in January. The agreement does not include any admission of wrongdoing. The case alleged that directors, officers, auditors and underwriters at Sino-Forest used misleading accounting tactics to defraud investors. The allegations have not been proven in court. The settlement includes Credit Suisse Securities (Canada) Inc., TD Securities Inc. (TSX:TD), Dundee Securities Corp., RBC Dominion Securities Inc. (TSX:RY), Scotia Capital Inc. (TSX:BNS), CIBC World Markets Inc. (TSX:CM), Merrill Lynch Canada Inc., Canaccord Financial Ltd. (TSX:CF) and Maison Placements Canada Inc. SODEXO INC: Does Not Properly Pay Employees, "Wesson" Suit Says --------------------------------------------------------------- Annette Wesson, on behalf of herself and those similarly situated v. Sodexo, Inc., Case No. 1:15-cv-03922-CAP (N.D. Ga., November 10, 2015) is brought against the Defendant for failure to pay complete minimum wages and overtime for every hour worked, pursuant to Fair Labor Standard Act. Sodexo, Inc. operates a support service business located in Buffalo, New York. The Plaintiff is represented by: Justin D. Miller, Esq. MORGAN & MORGAN, P.A. PO Box 57007 Atlanta, GA 30343-1007 Telephone: (404) 965-8811 Facsimile: (404) 965-8812 E-mail: JDMiller@forthepeople.com STARZ: Lieff Cabraser Files Securities Class Suit ------------------------------------------------- The law firm of Lieff Cabraser Heimann & Bernstein, LLP announces that class action litigation has been brought on behalf of investors who purchased or otherwise acquired the securities of Starz (or the "Company") (Nasdaq:STRZA and STRZB) between August 1, 2014 and October 29, 2015, inclusive (the "Class Period"). If you purchased or otherwise acquired the securities of Starz during the Class Period, you may move the Court for appointment as lead plaintiff by no later than January 8, 2016. A lead plaintiff is a representative party who acts on behalf of other class members in directing the litigation. Your share of any recovery in the action will not be affected by your decision of whether to seek appointment as lead plaintiff. You may retain Lieff Cabraser, or other attorneys, as your counsel in the action. Starz investors who wish to learn more about the action and how to seek appointment as lead plaintiff should contact Sharon M. Lee of Lieff Cabraser toll-free at 1-800-541-7358. Background on the Starz Securities Class Litigation Starz operates as a media and entertainment company. According to the lawsuit, throughout the Class Period defendants issued materially false and misleading statements to investors and/or failed to disclose that: (1) Starz lacked adequate internal controls; (2) according to a former Starz senior executive, Starz's contract with Comcast Corporation was a result of illicit business practices. On October 29, 2015, online magazine Deadline Hollywood revealed that Starz's former Senior Vice President of Sales and Affiliate Marketing Keno Thomas filed a lawsuit (the "Thomas Action") against Starz and its Chief Executive Officer Christopher Albrecht, and Chief Revenue Officer Michael Thornton, among others. The Thomas Action alleges that: (1) the contract between Comcast Corporation and the Company, entered into on or about April 2014, was the result of illicit business practices; (2) Thomas was ordered by the Company's senior management to fabricate revenue and subscriber information so that Thornton and Albrecht could present those falsified figures to the Company's Board of Directors; and (3) the Company retaliated against Thomas for refusing to fabricate revenue and subscriber information. On this news, shares of STRZA fell $3.69 per share, or nearly 10%, from a closing price of $37.20 on October 29, 2015, to close at $33.51 per share on October 30, 2015, and shares of STRZB fell $4.98 per share, or 13.2%, from a closing price of $37.71 on October 29, 2015, to close at $32.73 per share on October 30, 2015. About Lieff Cabraser Lieff Cabraser Heimann & Bernstein, LLP, with offices in San Francisco, New York, and Nashville, is a nationally recognized law firm committed to advancing the rights of investors and promoting corporate responsibility. The National Law Journal has recognized Lieff Cabraser as one of the nation's top plaintiffs' law firms for twelve years. In compiling the list, the National Law Journal examines recent verdicts and settlements and looked for firms "representing the best qualities of the plaintiffs' bar and that demonstrated unusual dedication and creativity." Best Lawyers and U.S. News have named Lieff Cabraser as a "Law Firm of the Year" for each year the publications have given this award to law firms, including in 2015. For more information about Lieff Cabraser and the firm's representation of investors, please visit http://www.lieffcabraser.com. Source/Contact for Media Inquiries Only: Lieff Cabraser Heimann & Bernstein, LLP Sharon M. Lee, 1-800-541-7358 TAURUS: Alabama Man Claims Safety Defect Killed Son --------------------------------------------------- Kent Faulk, writing for AL.com, reported that an Alabama man says in a lawsuit that he didn't have his finger on the trigger of a Taurus semi-automatic pistol when it fired, killing his 11-year- old son and wounding his wife earlier this year. He says he was simply inserting a magazine into the gun when it went off. The lawsuit is among a growing number of cases filed against the Brazillian-based company claiming that some of its pistols have defective safety systems that cause them to fire when dropped or jarred. The company has already agreed to a voluntary recall of nine models -- nearly 1 million pistols -- in a settlement of a class- action lawsuit. The company has previously stopped production of the nine models that are the subject of the class-action, but a plaintiff's lawyer says the company continued to sell what was left in its stock. Donald Dewayne Simms, Sr., a resident of Cherokee County, filed the lawsuit related to the Feb. 15 death of his son, Donald Dewayne Simms, Jr. The lawsuit was filed Oct. 30 in Florida state court in Miami-Dade County. The lawsuit names as defendants Brazil firearms manufacturer Forjas Taurus, S.A., and its two U.S. based companies, Taurus International Manufacturing Inc. and Taurus Holdings Inc. A Taurus spokesman declined comment for the story. Despite the voluntary recall, including the model that's the subject of the Simms lawsuit, Taurus denied in a statement issued to AL.com in September that there are any design defects in the guns. Todd Wheeles, an attorney for Simms, called the boy's death a tragedy. He said the gun that killed the boy had been bought after the company had been made aware of the defects in the class-action lawsuit. Taurus had stopped manufacturing the models with the defects he said. But if the company had recalled the guns and stopped selling its inventory, Wheeles said, then "DJ Simms would still be alive." According to the lawsuit: Simms' wife had bought a new Taurus PT 609, Compact 9mm striker fired semi-automatic firearm on July 10, 2014. On Feb. 15 at about 9 p.m., Simms, his wife, and their son were at his mother-in-law's house in Cherokee County. Simms had just finished the application of a "Gun Skinz" kit that outlines the grip of the gun in pink camouflage when he inserted a loaded magazine into the pistol. The magazine did not properly seat into the pistol, so Simms bumped the bottom of the magazine with his right hand. As he was doing this, he walked over into the living room and stood under the light of the ceiling fan. His wife and son were on a couch watching television. "The slide of the handgun closed when plaintiff (Simms) bumped the bottom of the magazine with is right hand. Plaintiff held the handgun with the barrel against the lower palm of his left hand," the lawsuit states. "The magazine still wasn't seated properly, so plaintiff (Simms) bumped the bottom of the magazine with his right hand again. At this time, the firearm discharged. At no time did plaintiff pull the trigger." When the gun fired a 9mm round went through the palm and lower ball of his left hand, stuck his son in the neck and stuck his wife's arm that was around her son's body. "Plaintiff's (Simms') finger was NOT on the trigger. The firearm discharged when it was bumped on the bottom of the magazine," the lawsuit states. The lawsuit states that weeks after their son was buried, Simms learned that for more than 18 months a class action lawsuit had been pending against Taurus, which "had refused to remove striker- fired handguns, like Plaintiff's PT-609, from the market." The lawsuit calims Taurus "designed, tested, developed, manufactured, marketed, advertised, distributed and sold the subject pistol in a defective condition that is unreasonably dangerous to the user." Taurus designed and manufactured the gun, the lawsuit states, with a defective firing pin safety block, manual safety latch, firing pin decocker, trigger lock mechanism, and decocker safety. The company, and safety devices and systems for the pistol. Design flaws allowed the gun to discharge without pulling the trigger and even when the safety latch is in the "ON" position, the lawsuit states. The lawsuit was filed by James L. Kauffman, of Washington D.C., and David L. Selby II, of Birmingham, with the law firm of Bailey & Glasser, LLP and M. Todd Wheeles and Matthew G. Garmon with the Hoover firm of Morris, Haynes, Wheeles Knowles & Nelson. Recall claims process The two law firms also are involved in the class action lawsuit in which Taurus has agreed to voluntarily recall nearly 1 million pistols as part of the settlement of that legal action. A website was set up in October for owners of nine Taurus handgun models to return their guns for cash payments, repair, new warranty, or exchange it for a new upgraded "G2" model of the handgun they have. The website includes information about the recall, how the gun owners can apply and safety videos. The recall will not be effective, and gun owners can't mail their pistols back, until a judge gives final approval to the settlement which includes a $30 million cap on the $200 cash back payments. Wheeles said that since Taurus doesn't have a fix for the gun, the company agreed that it will have to offer new gun models in exchange or the $200 cash back. If a gun owner wants to get a new gun, however, that won't be included in the monetary cap, Wheeles said. So the potential cost to Taurus, including attorneys' fees, could reach more than $50 million. The website and recall process is being handled by Heffler Claims Group, a Philadelphia company. The website is up to give people information about the settlement, Wheeles said. "Once the court approves the class action settlement then people can actually file the claim," he said. Wheeles said the settlement protects all owners of the nine pistol models, whether they are the original owners or not. Notices about the settlement also have been published in various magazines and publications, Wheeles said. The nine models being recalled under the settlement are: PT-111 Millennium; PT-132 Millennium; PT-138 Millennium; PT-140 Millennium; PT-145 Millennium; PT-745 Millennium; PT- 609; PT-640; and PT-24/7 pistols (including the "PRO" series of each of these models), you may be entitled to the settlement benefits. The settlement does not include Taurus G2 model pistols. The lead plaintiff in the class-action lawsuit is Chris Carter, a sheriff's deputy in Scott County Iowa who had a PT140 Millennium PRO pistol. He alleged that on July 29, 2013 while serving on a narcotics detail he pursued a fleeing suspect. As he ran, his pistol fell from his holster, hitting the ground and discharging a bullet that struck a nearby unoccupied vehicle. Wheeles, who had handled more than a half-dozen lawsuits about the alleged Taurus defects, hired an engineer to conduct drop tests on the pistols. The tests show the trigger going back when dropped. Wheeles said he and the other law firms have five more injury cases they plan to file against Taurus. Wheeles said the lawsuits are not intended to be "anti-firearms" cases, but simply defective product lawsuits. TCP INTERNATIONAL: Sued in N.Y. Over Misleading Financial Reports ----------------------------------------------------------------- Adela Bai, individually and on behalf of all others similarly situated v. TCP International Holdings Ltd., Karel Robert Den Daas, Ellis Yan, and Brian Catlett, Case No. 1:15-cv-08889-GHW (S.D.N.Y., November 11, 2015) alleges that the Defendants made false and misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. TCP International Holdings Ltd. designs, develops, manufactures, and markets lamps, fixtures, and Internet-based lighting control solutions to the retail, commercial, and industrial customers worldwide. The Plaintiff is represented by: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Marc C. Gorrie, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com mgorrie@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com - and - Michael Goldberg, Esq. Brian Schall, Esq. GOLDBERG LAW PC 13650 Marina Pointe Dr. Ste. 1404 Marina Del Rey, CA 90292 Telephone: (800) 977-7401 Facsimile: (800) 536-0065 E-mail: michael@goldberglawpc.com brian@goldberglawpc.com TOSHIBA CORP: Investors Prepare Class Aaction --------------------------------------------- The Japan News reported that about 70 individuals in Japan who hold shares in Toshiba Corp. are poised to institute class action lawsuits by mid-December, demanding a total of about JPY400 million in compensation for their stock losses following the revelation of Toshiba's accounting irregularities, The Yomiuri Shimbun has learned. This is the first revelation that Toshiba shareholders in Japan are resorting to legal action over Toshiba's bookkeeping cover-up of losses. The plaintiffs in the planned lawsuits consist of two groups: about 50 who will file a suit with the Tokyo District Court around Dec. 10, and 20 others who will file with the Osaka District Court around Dec. 15. The Toshiba shareholders in both groups range from their 40s to their 80s in age, and live in Tokyo, Osaka and elsewhere, according to their lawyers. The lawyers said the amount of compensation was calculated in keeping with the Financial Instruments and Exchange Law, and based on the dips in Toshiba's stock price after the firm's accounting irregularities were bought to light in April. Toshiba's stock price stood at about JPY510 on April 2, the day before the disclosure of the company's profit-inflating accounting practices. It fell to about JPY310 as of Nov. 12, a nearly 40 percent shrinkage. The lawyers have held explanatory sessions for Toshiba shareholders across the country about the feasibility of filing class action lawsuits against the electronics and machinery giant, they said. A second round of class action suits will be filed by March next year, and the number of plaintiffs taking part will eventually reach an estimated 1,000 by March 2017, they said. "There's no doubt that [Toshiba] caused its shareholders to suffer losses because of fraudulent descriptions [in the company's financial settlements]," said Yasuro Yoshida, chief of the legal team's secretariat. "We'll do our utmost for the relief of the shareholders." In response to Yomiuri inquiries about the matter, Toshiba said the company cannot make any comment, as the lawsuits have not been instituted yet. Toshiba's padding of profits through accounting irregularities amounted to JPY224.8 billion, before taxes, over a period of about seven years. The company's management filed a damage suit with the Tokyo District Court, demanding that five former executives, including former Toshiba presidents, pay a total of JPY300 million in compensation for losses they allegedly caused to the company. Some analysts, however, have criticized the firm's action as "lenient" toward the former Toshiba executives. UNIVERSAL HOME: Faces "Thomas" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Adeshola Thomas, on behalf of herself and all others similarly situated v. Universal Home Care, Inc. and Does 1 to 100, inclusive, Case No. BC600623 (Cal. Super. Ct., November 9, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the California Labor Code. Universal Home Care, Inc. operates a home health care service company located at 151 N San Vicente Blvd Suite #200, Beverly Hills, CA 90211. The Plaintiff is represented by: Kevin T. Barnes, Esq. Gregg Lander, Esq. LAW OFFICES OF KEVIN T. BARNES 5670 Wilshire Boulevard, Suite 1460 Los Angeles, CA 90036-5664 Telephone: (323) 549-9100 Facsimile: (323) 549-0101 E-mail: Barnes@kbarnes.com - and - Raphael A. Katri, Esq. LAW OFFICES OF RAPHAEL A. KATRI 8549 Wilshire Boulevard, Suite 200 Beverly Hills, CA 90211-3104 Telephone: (310) 940-2034 Facsimile: (310) 733-5644 E-mail: RKatri@socallaborlawyers.com VALEANT PHARMA: Loses Bid to Escape Suit Over Allergan Offer ------------------------------------------------------------ Margaret Cronin Fisk and Cynthia Koons, writing for Bloomberg News, reported that Valeant Pharmaceuticals International Inc. and activist investor Bill Ackman must face a shareholder lawsuit over alleged insider trading involving a failed offer for Allergan Inc. Since losing out on the Allergan deal, Valeant has run into other troubles. The company terminated its relationship with closely associated mail-order pharmacy Philidor Rx Services after short- seller Citron Research raised questions about it and Bloomberg News reported Philidor altered doctors' prescriptions to wring more reimbursements out of U.S. health insurers. Ackman has been backing Valeant amid the saga, saying the drugmaker has been "largely a victim of fear and panic" and that the shares have an upside. Ackman's Pershing Square Capital Management is the third-biggest shareholder of Valeant, which has fallen 70 percent since Aug. 5. In the lawsuit led by the State Teachers Retirement System of Ohio and Iowa Public Employees Retirement System, the plaintiffs claim Ackman and Valeant engaged in a "scheme that deprived a class of Allergan shareholders of billions of dollars of value in violation of the federal securities laws." 10 Percent Stake Ackman "agreed to secretly acquire nearly 10 percent of Allergan's stock and commit those shares to support Valeant's bid," the shareholders said in court papers in June. The acquisition of that stake came as an "exchange for inside information" on Valeant's hostile takeover and tender offer for Allergan, they said. The lawsuit, filed as a proposed class action, said Ackman "walked away with over $2.2 billion in pure profit." The Allergan investors say they're owed for the losses avoided by the defendants, as well as any profit resulting from insider trading, according to the complaint. Allergan rejected each offer Valeant made and agreed instead to sell itself to Actavis Plc. Allergan also accused Ackman and Valeant of insider trading in a separate lawsuit. That suit was dropped in April, according to court filings. Judge's Ruling U.S. District Judge David Carter in Santa Ana, California, on rejected Valeant and Ackman's bid to dismiss the investor suit. Allergan shareholders in the case had adequately alleged claims against Valeant and Ackman, Carter said. "We acted at all times in consultation with our legal counsel and remain convinced that our actions complied with the securities laws," Laurie Little, a spokeswoman for Laval Quebec-based Valeant, said in an e-mailed statement. "While we are disappointed the Court allowed the claims to continue following this preliminary motion, we look forward to presenting evidence to establish that we did nothing improper." Blair Nicholas, a lawyer for the plaintiffs, and Pershing Square spokesman John Pinette declined to comment on the ruling. The lawsuit was brought as a class action on behalf of investors who sold Allergan shares from Feb. 25, 2014, to April 21, 2014. "After the close of trading on April 21, 2014, Valeant disclosed its intention to acquire Allergan, along with Pershing's 9.7 percent position in the company," the shareholders said in an amended complaint in June. "Upon this disclosure, Allergan's stock price increased by approximately $20 per share in one day, jumping 22 percent from its 'unaffected' price," the investors said. Valeant has been one of the drug industry's most prolific acquirers, buying companies, folding in their products, and cutting costs. It has 30 deals pending or completed since 2013, worth more than $25 billion. The company's management team has more recently signaled that strategy could take a back seat while the company focuses on paying off debt. VIZIO HOLDINGS: Faces "Watts" Suit in Cal. Over Security Breach --------------------------------------------------------------- David Watts and Whitney Keeter, on behalf of themselves, and a class of similarly situated persons v. Vizio Holdings, Inc., et al., Case No. 8:15-cv-01860-JLS-KES (C.D. Cal., November 11, 2015) is brought against the Defendants for failure to take the steps necessary to ensure that the private, identifiable information of their individual customers was not disclosed to third parties. Vizio Holdings, Inc. is a marketer of electronics including Smart TVs, or Internet-connectable televisions. The Plaintiff is represented by: C. Brooks Cutter, Esq. John R. Parker Jr., Esq. CUTTER LAW P.C. 401 Watt Avenue Sacramento, CA 95864 Telephone: (916) 290-9400 Facsimile: (916) 588-9330 E-mail: bcutter@cutterlaw.com jparker@cutterlaw.com VOLKSWAGEN GROUP: Faces "Adams" Suit in Cal. Over Defeat Devices ----------------------------------------------------------------- Neal Adams and Sakura Raftery, individually and on behalf of all others similarly situated v. Volkswagen Group of America, Inc., Case No. 3:15-cv-05174 (N.D. Cal., November 11, 2015) arises out of the Defendant's alleged installation of defeat devices in approximately 482,000 diesel Volkswagen and Audi vehicles manufactured and sold and leased in the United States since 2009, to switch engines to a cleaner mode during official emissions testing. Volkswagen Group of America, Inc. is engaged in the business of designing, manufacturing, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components throughout the United States of America. The Plaintiff is represented by: Robert W. Thompson, Esq. Casey A. Gee, Esq. THOMPSON LAW OFFICES, P.C. 700 Airport Boulevard, Suite 160 Burlingame, CA 94010 Telephone: (650) 513-6111 Facsimile: (650) 513-6071 E-mail: rwthompson@thompsonlawoffice.com VOLKSWAGEN GROUP: Faces "Brownlow" Suit Over Defeat Devices ----------------------------------------------------------- Judy Brownlow, individually and on behalf of others similarly situated v. Volkswagen Group of America, Inc., Case No. 2:15-cv- 13963-BAF-DRG (E.D. Mich., November 11, 2015) arises out of the Defendant's alleged installation of approximately defeat devices in 482,000 diesel Volkswagen and Audi vehicles manufactured and sold and leased in the United States since 2009, to switch engines to a cleaner mode during official emissions testing. Volkswagen Group of America, Inc. is engaged in the business of designing, manufacturing, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components throughout the United States of America. The Plaintiff is represented by: Sheldon L. Miller, Esq. LAW OFFICE OF SHELDON L. MILLER, P.C. 31731 Northwestern Hwy., Ste. 280W Farmington Hills, MI 48334 Telephone: (248) 538-3400 Facsimile: (248) 538-5280 E-mail: ccole@sheldonmiller.com - and - Russ M. Herman, Esq. Maury A. Herman, Esq. Leonard A. Davis, Esq. HERMAN HERMAN & KATZ, INC. 820 O'Keefe Avenue New Orleans, LA 70113 Telephone: (504) 581-4892 - and - Michelle A. Parfitt, Esq. James F. Green, Esq. Craig Brown, Esq. Sidney Schupak, Esq. Stephen Gensemer, Esq. Michael Lind, Esq. ASHCRAFT & GEREL, LLP 4900 Seminary Road, Suite 650 Alexandria, VA 22311 Telephone: (703) 931-5500 - and - Andrea S. Hirsch, Esq. HERMAN GEREL, LLP 230 Peachtree Street, Suite 2260 Atlanta, GA 30303 Telephone: (404) 880-9500 E-mail: ahirsch@hermangerel.com - and - Arnold Levin, Esq. Frederick S. Longer, Esq. Daniel C. Levin, Esq. LEVIN FISHBEIN SEDRAN & BERMAN 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 E-mail: alevin@lfsblaw.com dlevin@lfsblaw.com - and - Stuart M. Eppsteiner, Esq. EPPSTEINER & FIORICA ATTY LLP 12555 Highbluff Dr., Suite 155 San Diego, CA 92130 Telephone: (858) 350-1500 VOLKSWAGEN GROUP: Faces "Esneault" Suit Over Defeat Devices ----------------------------------------------------------- Rene Esneault, for himself and all similarly situated people, by the undersigned counsel v. Volkswagen Group of America, Inc., et al., Case No. 2:15-cv-05801-KDE-SS (E.D. Lo., November 10, 2015) arises out of the Defendant's alleged installation of defeat devices in approximately 482,000 diesel Volkswagen and Audi vehicles manufactured and sold and leased in the United States since 2009, to switch engines to a cleaner mode during official emissions testing. Volkswagen Group of America, Inc. is engaged in the business of designing, manufacturing, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components throughout the United States of America. The Plaintiff is represented by: D. Blayne Honeycutt, Esq. FAYARD & HONEYCUTT 519 Florida Ave SW Denham Springs, LA 70726 Telephone: (225) 664-0304 Facsimile: (225) 664-2010 E-mail: dbhoneycutt@fayardlaw.com - and - Heidi Mabile Gould, Esq. Attorney at Law 146 W. Livingston Place Metairie, LO 70005 Telephone: (985) 413-8829 Facsimile: (504) 835-7458 E-mail: heidigould@me.com WILMINGTON TRUST: Faces "Halldorson" Suit Over ERISA Violation -------------------------------------------------------------- Andrew Halldorson, on behalf of the Constellis Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated v. Wilmington Trust Retirement and Institutional Services Company, Case No. 1:15-cv-01494-LMB-IDD (E.D. Va., November 10, 2015) alleges that the Defendants had engaged in a prohibited transaction under Employee Retirement Income Security Act, specifically by permitting the Employee Stock Ownership Plan ("ESOP") to purchase Constellis Group, Inc.'s stock. Wilmington Trust Retirement and Institutional Services Company is a trust company chartered in Delaware. Its main office is at 1100 North Market Street, Wilmington, Delaware 19890. The Plaintiff is represented by: Gregory Y. Porter, Esq. Ryan T. Jenny, Esq. 1054 31st Street, NW, Suite 230 Washington, DC 20007 Telephone: (202) 463-2101 Facsimile: (202) 463-2103 E-mail: gporter@baileyglasser.com rjenny@baileyglasser.com ZOFRAN: Siskinds LLP Launches Class Suit ---------------------------------------- The law firm Siskinds LLP has launched a class action regarding Zofran. Zofran is approved to treat nausea and vomiting in patients following chemotherapy, radiation or surgery. However, Zofran has been prescribed off-label to treat morning sickness in expectant mothers. Some studies have noted an association between Zofran use in the first trimester of pregnancy and birth defects such as congenital cardiac (heart) malformations and oral clefts (cleft lip and/or cleft palate). In commencing this class action, Siskinds seeks to recover compensation for persons in Canada who experienced these conditions as a result of their mothers being prescribed Zofran. The Statement of Claim alleges that the defendant failed to adequately warn expectant mothers and physicians that use of Zofran during the first trimester of pregnancy increases the risk of serious birth defects. Jill McCartney, a lawyer with Siskinds LLP, states: "As a matter of safety, expectant mothers and their health care providers need to be informed of the risks associated with using a particular pharmaceutical product. This is particularly true during the first trimester of pregnancy, when the baby is developing his or her organs." Canadians who believe they might be affected by this class action are encouraged to visit www.classaction.ca/zofran, email zofranclassaction@siskinds.com or call 1-800-461-6166 ext. 2341 for English enquiries or ext. 2409 for French enquiries. * Arbitration Clauses Impact Class Actions in Canada, US -------------------------------------------------------- Craig Lockwood, Esq. -- clockwood@osler.com -- and Vanessa Cotric, Esq. -- vcotric@osler.com -- at Osler Hoskin & Harcourt LLP, in an article for Lexology.com, reported that as we have discussed before, the public policy rationales for enforcing arbitration agreements are arguably at odds with the policy rationales underpinning the class actions regime. Over the past few years, courts in Canada and the United States have been engaged in this dialogue through cases involving consumer contracts. The Seidel decision continues to be applied by Canadian courts for the proposition that arbitration clauses should be enforced unless expressly prohibited by the legislature. The Supreme Court only certified the Consumer Protection Act ("CPA") claim as a class action and held that the other non-consumer claims would proceed to arbitration. The Supreme Court's decision in Seidel built on the principles previously articulated in Griffin v Dell Canada Inc., where the Ontario Court of Appeal certified a class action in which a consumer contract contained an arbitration clause on the basis that the "CPA provisions resolve the tension between the Arbitration Act and the Class Proceedings Act in favour of class proceedings". In Wellman and Corless v TELUS and Bell, the Ontario Superior Court of Justice certified a class proceeding despite an arbitration clause in the underlying consumer contract. The plaintiffs asserted, among other claims, breach of Ontario's CPA, which was deemed to relieve consumers from mandatory arbitration clauses in consumer contracts. Unlike the Supreme Court's decision in Seidel, the Court in this case decided that the non-consumer claims and consumer claims would be heard together. Following the decision in Griffin v Dell Canada Inc., the Court held that separating the consumer claims and non-consumer claims could lead to inefficiency, risk inconsistent results and create a multiplicity of proceedings. In contrast to the Canadian trends, arbitration clauses in consumer contracts have been upheld in the United States so as to preclude class actions. The U.S. Supreme Court in AT&T v Concepcion (2011) and Italian Colors v American Express (2013) upheld the public policy rationale of enforcing arbitration clauses over the availability of class actions. In fact, in Del Toro v Applebee's in late 2013, a federal court judge ruled in Applebee's favour and enforced an arbitration clause, saying he was bound by the Supreme Court decisions. The New York Times recently reported that in 2014 alone, roughly 83% of cases in the U.S. upheld class-action waivers. As evidenced by the jurisprudence, the approach of the Canadian and U.S. courts to the interplay between arbitration clauses in consumer contracts and the ability of consumers to seek redress by means of class actions has differed in recent years. In Canada, the courts have generally interpreted the provincial consumer legislation as evidencing a legislative intent to permit consumer class proceedings in the face of arbitration clauses. Indeed, some Canadian courts to date have expanded this analysis so as to include any parallel common law claims that are asserted in the same proposed proceedings. Conversely, the U.S. courts have tended to enforce the arbitration provisions in consumer contracts, such that collective consumer actions have often been precluded. * Ontario Court of Appeal to Sort Out Class Action Carriage Mess ---------------------------------------------------------------- Julius Melnitzer, writing for Financial Post, reported that the Ontario Court of Appeal has decided to jump into the class action carriage controversy. Canada's class action regime has seen numerous instances of plaintiffs' law firms competing for potentially lucrative files. In a number of cases, it has fallen to the courts to resolve the carriage issue. The problem is, the courts haven't done a very good job of providing guidance for future cases. "When it comes to determining who gets carriage of a class action, calling the guidance we have from the courts 'fuzzy' is a generous way of looking at it," said Michael Peerless of McKenzie Lake Lawyers in London. "I don't think there's a single lawyers who deals with this who knows what the test is -- and every time we get a decision, things become less clear." For the most part, the criticism is aimed at the Ontario Divisional Court which, according to many observers, has fumbled the issue on the two occasions it has had to deal with it. One of these cases, Mancinelli v. Barrick Gold Corporation, will now be heard by the Court of Appeal following its decision on to grant leave. In May, the Divisional Court upheld Superior Court Justice Edward Belobaba's December 2014 decision to award carriage of the Barrick securities class action to a consortium of law firms led by Rochon Genova and including Rosen Naster and the Merchant Law Group. Ultimately, the Court endorsed Belobaba's finding that this group's state of preparation was more advanced than that of the Koskie Minsky group, which included Sutts Strosberg, Siskinds LLP and Groia & Co. "The courts haven't given us a legal test, just a bunch of things to consider," said Peerless, who is not involved in the Barrick litigation. "If you compare the reasons [Justice Ian] Nordheimer gave in granting leave to appeal to the Divisional Court with the reasons of the Divisional Court on the actual appeal, it's hard to believe they're talking about the same case." To a degree, the situation has Peerless longing for the 'first-to- file' test used in other jurisdictions where, basically, the early bird gets the worm. "I never thought that first-to-file made a lot of sense," he says. "But with the lack of guidance we have, you're starting to look at situations like Barrick, where a second filer comes in eight or nine months later, and right before the case conference. It makes me think I ought to start up on a few cases that other people are already doing." In his application for leave to appeal, Kirk Baert of Koskie Minsky argued that the appeal "is a matter of public importance" because the Divisional Court's decision "will have significant implications for all class proceedings involving competing claims, of which there are several extant in Ontario and elsewhere in Canada." ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion 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. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552. * * * End of Transmission * * *