/raid1/www/Hosts/bankrupt/CAR_Public/160108.mbx
C L A S S A C T I O N R E P O R T E R
Friday, January 8, 2016, Vol. 18, No. 5
Headlines
33 MANAGEMENT: "McPhearson" Suit Alleges RLTO Violation
89 TENZAN: "Zhang" Suit Alleges FLSA and NYLL Violations
AMERICAN AIRLINES: "Macolino" Suit Alleges Airfare Price-Fixing
ARIZONA: Class Action Challenges Indian Child Welfare Law
ARTURO'S PARK: "Asencio" Action Seeks OT and Minimum Wage
AUGUST VENTURES: "Rivera" Suit Seeks OT Recovery
BAIN CAPITAL: "McPherson" Suit Alleges Failure to Pay OT
BANK OF NOVA SCOTIA: Pension Fund Sues Over Market Manipulation
BIOGEN CANADA: Recalls Tecfidera Capsules
BMW: Recalls Multiple Vehicles Due to Injury Risk
BREVILLE CANADA: Recalls Slow Cookers Due to Burn Hazard
CAFE MOGADOR: "Santiago" Action Seeks OT and Minimum Wage
CANADA: PM Wants Pope to Apologize Over Delayed Settlement
CENTENNIAL GENERAL: Recalls Ground Pork Products
CHICAGO, IL: "Dougherty" Action Seeks Unpaid Wages, OT Pay
CHOICE HOTELS: "Pair" Action Seeks OT Recovery
CITIGROUP INC: "Merryman" Action Alleges Breach of Contract
CLOVIS ONCOLOGY: "Medina" Suit Hits Share Price Drop
CLOVIS ONCOLOGY: "Kimbro" Suit Hits Share Price Drop
CLOVIS ONCOLOGY: "Moran" Suit Hits Share Price Drop
COLLIN COUNTY, TX: Prosecutors Sued Over Fees
DAY BREAK INC: "Hernandez" Action Seeks OT Pay
DIRECTV HOLDINGS: NYN Sues Over NFL Exclusive Broadcast
DJB INTERNATIONAL: "Brooks" Action Seeks OT Pay
DOLLARAMA LP: Recalls Halloween Outdoor Light Set
DOLLARAMA LP: Recalls Christmas Indoor Light Set
DSW INC: Web Site Not Accessible to Blind, "Diaz" Action Says
ENHANCED RECOVERY: "Serino" Suit Seeks to Recover Overtime Pay
ESTEE LAUDER: Recalls BB Moisture Makeup SPF 30 Products
EVERSPRING FARMS: Recall Chia Seed Powder Due to Salmonella
FACEBOOK INC: Suits Over IPO Win Class Certification
FLOTEK INDUSTRIES: "Walpole" Action Hits Share Price Drop
FLOWERS FOODS: "Wordlaw" Action to Recover Minimum Wages
FLUIDMASTER: Faces Class Action Over Water Supply Lines
FORD: Recalls Fusion 2010 and 2011 Models Due to Injury Risk
FOREST RIVER: Recalls Surveyor Trailer 2016 Models
FOREST RIVER: Recalls Surveyor Trailers 2016 Models
GENERAL CHEMICALS: Oakland, Mich. Sues Over Price-Fixing
GLOBAL TRANSPORT: "Cely" Action Seeks OT Pay
GT GROUP: "Pedro" Action Alleges Contaminated Products
HAWKINS INC: Metropolitan Council Suit Hits Overpriced Alum
HIGHLAND/SUMMERLAKE LLC: "Dunmire" Suit Seeks Overtime Pay
HOME DEPOT: "Diaz" Action Hits Accessibility Compliance
HUNTINGTON NAT'L BANK: "Majestic" Suit Hits Alleged Forged Checks
INFINITY PROTECTION: "Perez" Suit in Orlando Seeks OT and Wages
INNOVA INTERIORS: "Hernandez" Action Seeks Payment of OT
JAG AUTOSALES: "Martin" Suit Seeks OT, Alleges Assault/Battery
JAMALI GROUP: "Nielsen" Action Seeks Minimum, Overtime Wages
JENNY CRAIG: Sued in Cal. Over Automatic Renewal Policies
JR PRIMOS RESTAURANT: "Ortega" Action Seeks Recovery of OT Pay
KEYS PRODUCTIONS: "Dominguez" Action Seeks Unpaid Wages, OT Pay
L-3 GROUP: "Foster" Suit Hits Defective Optical Sights
LA VIE EN SZECHUAN: "Lin" Seeks Minimum, Overtime Wage Recovery
LION REAL: Faces "Johnson" Suit Over Failure to Pay Overtime
LOS ANGELES, CA: Sued Over Alleged Disability Discrimination
MARCHEX INC: "Porter" Suit Seeks Damages Due to Share Price Drop
MARTHA'S COUNTRY BAKERY: "Lopez" Action Seeks OT Recovery
MAXIM HEALTHCARE: Faces "Jackson" Suit Over Failure to Pay OT
MAXIM HEALTHCARE: Faces "Myers" Suit Over Failure to Pay Overtime
MAXIM HEALTHCARE: Faces "Poindexter-Peairs" Suit in Maryland
MEDITERRANIO INC: "Amaya" Suit Seeks to Recover Unpaid Wages
MICROSOFT CORP: "Guarisma" Action Hits Credit Card Risk
MSI COMPUTER: Faces "Woo" Suit Over Failure to Pay Overtime Wages
MY PIZZA INC: "Hernandez" Action Seeks Overtime Wages
NAT'L METERING SERVICES: "James" Seeks Overtime Wage Recovery
NAVMAR APPLIED: "Sanchez" Action Seeks Minimum, Overtime Wages
NESTLE WATERS: Fails to Pay for OT Work, "Robertson" Suit Claims
NITRO FLUIDS: "Niemann" Action Seeks to Recover Overtime
OHIO STATE UNIVERSITY: "Smith" Suit Removed to S. Dist. Ohio Ct.
PROCTER & GAMBLE: "Garcia" Action Hits Under Filled Detergents
QLESS INC: "Herrick" Action Hits Texting Scam
RAY CATNMACK: Sued Over Failure to Pay Minimum & Overtime Wages
RICOLA USA: "Minker" Action Hits Misleading Labels
RITE AID: Faces "Mortman" Suit Over Proposed Sale to Walgreens
ROADRUNNER TRANSPORT: "Lyndes" Action Hits Share Price Drop
ROUNDY'S INC: Faces "Ginsburg" Suit Over Proposed Sale to Kroger
ROYAL IMEX: Sued Over Failure to Pay Minimum & Overtime Wages
SCHLUMBERGER TECH: "Olgin" Suit Seeks Minimum, OT Wage Recovery
SCOTTRADE INC: "Martin" Suit Hits Data Breach
SELECT COMFORT: "Azimpour" Suit Hits Discount Price Confusion
SERENITY SPA NY: "Benavides" Action Seeks to Recover OT, Wages
SERVICE BY MEDALLION: Sued Over Failure to Pay Overtime Wages
SMARTPROS LTD: Faces "Brieske" Suit Over Proposed Sale to Kaplan
SOUTHERN CALIFORNIA: Litigation Pending Over Porter Ranch Gas Leak
STANDARD GENERAL: "Vaughan" Suit Alleges Breach of Fiduciary Duty
STATLER GRILL: "Mera" Action Seeks Minimum, Overtime Wages
SUDDATH RELOCATION: Fails to Pay Employees OT, "Garcia" Suit Says
SUN & SURF BEACH CLUB: "Palazzolo" Seeks OT and Minimum Wage
SUNEDISON INC: "Horowitz" Suit Alleges Exchange Act Violation
SUPERIOR PERFORMANCE: "Allen" Action Seeks to Recover OT
TALGOOD ENTERPRISES: Sued Over Failure to Pay Overtime Wages
THERMA SEAL: "Echeverria" Suit Alleges FLSA Violation
THOMSON R. PROCTOR: Faces Suit Over Alternative Programs
TIGERDIRECT INC: "Dadlani" Suit Seeks to Recover Unpaid Overtime
TRISTAR FOOD WHOLESALE: "Hu" Action Hits Bloated Packaging
UNITED STATES: FAA Sued Over Unconstitutional Hiring Practices
U.S. COURT: Class Action Filed Over PACER Fees
VALE S.A.: "Lyndes" Action Hits Drop in Shares
VOLKSWAGEN GROUP: "Nelson" Suit Alleges Emission Test Cheating
VOLKSWAGEN GROUP: "Thompson" Suit Alleges Common Law Fraud
VOLKSWAGEN GROUP: Bill May Avert Emissions Class Actions
WILLOUGHBY REHABILITATION: Sued Over Failure to Provide Care
WISCONSIN: Inmates Can't Pursue Class Action, 7th Cir. Says
YACHTING PROMOTIONS: "De Jesus" Action Seeks OT Pay
YALE ASSOCIATES: Sued Over Fair Credit Reporting Act Violation
Asbestos Litigation
ASBESTOS UPDATE: Manitoba Woman Seeking Fibro Inquiry Dies
ASBESTOS UPDATE: Del. Court Recommends Dismissal of 2 Cos.
ASBESTOS UPDATE: Gori Julian Adds Forbes as New Fibro Attorney
ASBESTOS UPDATE: Companies Blamed for Husband's Exposure
ASBESTOS UPDATE: Govt Should Consider Screening for Fibro Illness
ASBESTOS UPDATE: Kilgore College Named in Whistleblower's Suit
ASBESTOS UPDATE: Fibro Found in University of Otago Building
ASBESTOS UPDATE: WorkSafeBC Battle with Fibro Firm Far From Over
ASBESTOS UPDATE: Georgia High Court Hears Fibro Appeal
ASBESTOS UPDATE: Federal Court Remands Fibro Suit
ASBESTOS UPDATE: Solons Expected to Vote on FACT Act
ASBESTOS UPDATE: NY Court Moves Auto-related Fibro Suit to Fla.
ASBESTOS UPDATE: Couple Blames Cos. for Husband's Fibro Exposure
ASBESTOS UPDATE: Groups Say Fibro Bill Could Spur Identify Theft
ASBESTOS UPDATE: Time to Appeal in "North" Enlarged to May
ASBESTOS UPDATE: Time to Appeal in "Crescenzi" Enlarged to Sept.
ASBESTOS UPDATE: Time to Appeal in "Lucadamao" Enlarged to Sept.
ASBESTOS UPDATE: Time to Appeal in "Torbitt" Enlarged to Sept.
ASBESTOS UPDATE: Appeal in "Sweberg" Suit Consolidated
*********
33 MANAGEMENT: "McPhearson" Suit Alleges RLTO Violation
-------------------------------------------------------
Cheryl McPhearson, and all others similarly situated v. 33
Management, LLC, 33 Realty, LLC, Andrew Millard, Marta Millard,
Eric Weber, Susan Beyler, Oaktree Capital Management, LP, Jay
Steven Wintrob, Bruce Karsh, Howard Marks, Stephan Kaplan and
David Kirchheimer, Case No. 2015-CH-17302 (Ill. Cir., November 25,
2015), is brought against the Defendants for violation of the City
of Chicago Residential Landlord and Tenant Ordinance by collecting
and holding tenant security deposits without paying the proper
interest required.
The Defendants are managing agents of residential apartments and
condominiums in Chicago, Illinois, including the Apartment. 33
Management, LLC, leased residential apartments and condominiums in
Chicago, Illinois, including the 50 East 16th Street units.
The Plaintiff is represented by:
Andrew C. Ficzko, Esq.
STEPHAN ZOURAS, LLP
205 N. Michigan Avenue, Ste. 2560
Chicago, IL 60601
Tel: (312) 233-1550
Fax: (312) 233-1560
89 TENZAN: "Zhang" Suit Alleges FLSA and NYLL Violations
--------------------------------------------------------
Hong Jun Zhang, Rong Guang Du, and all others similarly situated
v. 89 Tenzan Japanese Cuisine Inc. dba Tenzan 89; Teng Fei
Restaurant Group Inc. dba Tenzan 89; Tenzan Sushi Corp. dba Tenzan
89; Zi Quan Lu; Yan Fang Yang; and Fei Teng, Case No. 1:15-cv-
09370 (S.D.N.Y., November 30, 2015), is brought against the
Defendants for alleged violations of the Fair Labor Standards Act
and the New York Labor Law.
The Defendants own and operate restaurants in New York.
The Plaintiffs are represented by:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Blvd Ste 119
Flushing, NY 11355
Tel: (718) 762-1324
Fax: (718) 762-1342
E-mail: johntroy@troypllc.com
AMERICAN AIRLINES: "Macolino" Suit Alleges Airfare Price-Fixing
---------------------------------------------------------------
Paul Macolino, 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., United Airlines, Inc. and John Does 1-
100, Case No. 3:15-cv-08494-AET-DEA (D.N.J., December 7, 2015),
seeks to recover damages and injunctive relief under Section 1 of
the Sherman Antitrust Act of 1890, and the antitrust laws of the
U.S.
The antitrust class action arises out of an alleged conspiracy
among the largest U.S. airline companies, who collectively account
for over 80% of all domestic air travel, to unlawfully restrain
competition on key airline routes throughout the United States.
American Airlines Group Inc. is a holding company and the parent
company of American Airlines, Inc. Both American Airlines Group,
Inc. and American Airlines, Inc. are Delaware corporations with
their principal places of business located in Fort Worth, Texas.
American is the largest airline in the world, operating nearly
6,700 flights per day to 339 locations in 54 countries.
Delta Air Lines, Inc. is a Delaware corporation with its principal
place of business located in Atlanta, Georgia. Delta operates more
than 5,400 flights per day to 326 locations in 64 countries.
Southwest Airlines Co. is a Texas corporation with its principal
place of business located in Dallas, Texas. Southwest operates
more than 3,600 flights per day to 94 locations in the United
States and six additional countries.
United Continental Holdings, Inc. is a holding company and the
parent company of United Airlines, Inc. Both United Continental
Holdings, Inc. and United Airlines, Inc. are Delaware corporations
with their principal places of business located in Chicago,
Illinois. United offers service to more destinations than any
other airline in the world, operating more than 5,300 flights per
day to 369 locations across six continents.
The Plaintiff is represented by:
Gerald H. Clark, Esq.
William Peck, Esq.
Mark Morris, Esq.
CLARK LAW FIRM, PC
811 16th Ave.
Belmar, NJ 07719
Tel: (732) 443-0333
Fax: (732) 894-9647
- and --
Allan Kanner, Esq.
Cynthia St. Amant, Esq.
KANNER AND WHITELEY, LLC
701 Camp St.
New Orleans, LA 70130
Tel: (504) 524-5777
Fax: (504) 524-5763
Email: akanner@kanner-law.com
c.stamant@kanner-law.com
ARIZONA: Class Action Challenges Indian Child Welfare Law
---------------------------------------------------------
Brandon Stahl, writing for Star Tribune, reports that born exposed
to drugs in 2013, an Arizona girl was immediately placed into
foster care. Sixteen months later, she is living with the same
foster parents, who desperately want to adopt the child.
But they can't. The girl is American Indian, and her foster
parents are not. The girl's tribe, the Gila River Indian
Community in Arizona, is fighting the adoption, citing a 1978
federal law that seeks to keep Indian families together.
Now an advocacy group has joined with the girl's foster parents to
mount the most significant challenge to the Indian Child Welfare
Act since its passage, saying it creates a separate, unequal class
for Indian children and is therefore unconstitutional.
If the suit is successful, the number of Indian children removed
from their homes in Minnesota could dramatically increase in a
state that already has the highest disparity in the country,
according to federal data. Though Indian children account for
only 2 percent of the state's child population in 2014, they
accounted for 24 percent of the foster care population.
ICWA was meant to address what was described at the time in
Congress as "the most tragic and destructive aspect of American
Indian life." For decades, tribes across the country were ravaged
when Indian children were wrongfully pulled from their homes and
put into mostly white foster families.
Under ICWA, social workers must work harder to avoid removing
Indian children from their homes than they would for non-Indian
children. If foster care and adoption are necessary, then active
efforts need to be made to place the child with an Indian family.
The Goldwater Institute, the Arizona-based conservative advocacy
group that is bringing the suit, says those requirements are
discriminatory because they apply only to Indian children, even
those who have no connection to their tribes.
Goldwater Institute also argues that ICWA harms Indian children by
making it more difficult for them to be removed from abusive or
neglectful homes. And the limited supply of available Indian
adoptive families means it can take longer to find a child a
permanent family.
"ICWA was enacted for good intentions," said Adi Dynar, a research
attorney at the institute. "But the way it's been applied
throughout the U.S. has been very bad in taking care of the best
interests of children."
Several Indian groups across the country counter that the lawsuit
would "undo decades of progress in child welfare made possible by
ICWA."
America's history of assimilating Indian children into white
families dates to the 1860s, according to a legal brief filed by
the National Congress of American Indians and other groups. A
superintendent of Indian Affairs said in 1865 that the country's
policy should be that "Indian children over five years old should
be taken away from under the authority and influence of their
savage parents (from whom they absorb only poisonous barbarism)
and placed wholly under the control of white male and female
teachers." Thousands of Indian children under that policy were
sent to white boarding schools to be assimilated.
When boarding schools went out of favor in the mid-20th century,
states implemented a federal policy that mandated Indian children
be adopted primarily to non-Indian families "in order to reduce
the populations of Indian reservations, lower the federal
government's cost obligations at boarding schools, and satisfy a
growing demand for adoptive children."
By the 1970s, when Congress passed ICWA, "between 25 and 35
percent of all Indian children nationwide had been removed from
their families with about 90 percent of those children placed in
non-Indian homes."
The National Congress of American Indians and other pro-ICWA
groups have filed a motion seeking to have Goldwater's suit
dismissed. Goldwater is seeking approval for a class-action suit
that would add all Arizona Indian children and non-Indian foster
families as plaintiffs.
ARTURO'S PARK: "Asencio" Action Seeks OT and Minimum Wage
---------------------------------------------------------
Pedro Asencio, on behalf of himself, FLSA Collective Plaintiffs
and the Class, Plaintiff, v. Arturo's Park, Inc. d/b/a Arturo's,
JJ Nap Inc. d/b/a Arturo's Pizza, and Joseph Napolitano, Case No.
1:15-cv-09186 (S.D.N.Y., November 20, 2015), seeks to recover
unpaid minimum wage due under the Fair Labor Standards Act and the
New York Labor Law 195(3), unpaid overtime compensation due,
unpaid spread of hours due, statutory penalties, liquidated and/or
punitive damages, prejudgment and post-judgment interest, costs
and expenses with reasonable attorneys' fees and statutory
penalties.
Defendants failed to pay the Plaintiffs minimum wages in the
lawful amount for hours worked and the proper overtime
compensation at rates of not less than one and one-half times the
regular rate of pay for each hour worked in excess of 40 hours in
a workweek.
Arturo's Park, Inc. is a domestic business corporation organized
under the laws of the State of New York, with a principle place of
business and an address for service of process located at 1617
York Avenue, New York, New York 10028. Defendants operate
"Arturo's" restaurants.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
AUGUST VENTURES: "Rivera" Suit Seeks OT Recovery
------------------------------------------------
Leonardo Rivera, Individually and on behalf of all others
similarly situated, Plaintiff, v. August Ventures LLC (d/b/a
NETA), John Moon and Eric Foster, Defendants, Case No. 1:15-cv-
09173 (S.D.N.Y, November 20, 2015), seeks damages in the amount of
unpaid minimum and overtime wages as well as improper wage
deductions or credits in accordance with the Fair Labor Standards
Act and the New York Labor Laws.
Rivera was employed by the Defendants in the restaurant as an
expediter and rendered in excess of 40 hours per week which was
allegedly not compensated as overtime pay.
August Ventures LLC operates a Japanese restaurant under the name
"Neta" with John Moon and Eric Foster as co-owners.
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY York 10165
Tel: (212) 317-1200
BAIN CAPITAL: "McPherson" Suit Alleges Failure to Pay OT
--------------------------------------------------------
Colleen McPherson, and all others similarly situated v. Bain
Capital, LLC, Case No. 15-3599 G (Mass. Cmmw., November 25, 2015),
is brought against the Defendant for failure to pay overtime in
violation of the Massachusetts General Law Chapter 151 sections 1A
and 1B.
The Defendant is a private investment firm with approximately $75
billion in assets under management.
The Plaintiff is represented by:
Jeffrey S. Strom, Esq.
LAW OFFICE OF JEFFREY S. STROM
P.O. Box 916
Boylston, MA 01505
Tel: (508) 925-5525
E-mail: lawofficeofjeffreystrom@gmail.com
- and -
Christopher L. DeMayo, Esq.
LAW OFFICE OF CHRISTOPHER DEMAYO
38 Montvale Avenue, Suite 200
Stoneham, MA 02180
Tel: (781) 572-3036
E-mail: lawofficeofchristopherdemayo@gmail.com
BANK OF NOVA SCOTIA: Pension Fund Sues Over Market Manipulation
---------------------------------------------------------------
Laborers' Local 231 Pension Fund, on behalf of itself and all
others similarly situated, individually, Plaintiff, v. Bank of
Nova Scotia, New York Agency; Bmo Capital Markets Corp., BNP
Paribas Securities Corp., Barclays Capital Inc., Cantorfitzgerald
& Co., Citigroup Global Markets Inc., Countrywide Securities
Corporation, Credit Suisse Securities (USA) LLC; Daiwa Capital
Markets America Inc., Deutsche Bank Securities Inc., Goldman,
Sachs & Co., HSBC Securities (USA) Inc., Jefferies LLC, J.P.
Morgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith
Incorporated, Mizuho Securities USA Inc., Morgan Stanley & Co.
LLC, Nomura Securities International, Inc.; RBC Capital Markets,
LLC; RBS Securities Inc.; SO Americas Securities, LLC; TD
Securities (USA) LLC and UBS Securities LLC, Defendants, Case No.
1:15-cv-09169 (S.D.N.Y., November 20, 2015), seeks to recover
damages against Defendants for their violations of the Sherman
Act, Clayton Act and Commodity Exchange Act.
Defendants allegedly colluded and manipulated the market for U.S.
Treasury securities, including Treasury bills, notes, bonds,
Treasury Inflation-Protected Securities and floating rate notes as
well as derivative instruments based on such securities, including
U.S. Treasury futures and options resulting in reduced competition
in bond auctions and raises costs for taxpayers and investors.
Plaintiff Laborers' Local 231 Pension Fund is a public retirement
fund. The Pension Fund directly transacted in Treasury Instruments
with one or more of the Defendants and claims to have paid
excessive prices for the Treasury Instruments.
The Plaintiff is represented by:
Aaron H. Pierce, Esq.
THE LAW OFFICES OF AARON H. PIERCE, PLLC
253 Church St., Suite 4A
New York, NY 10013
Tel: (212) 882-1752
Fax: (212) 882-1742
Email: ahpierce@aaronpiercelaw.com
- and -
Guido Saveri, Esq.
R. Alexander Saveri, Esq.
Geoffrey C. Rushing, Esq.
Cadio Zirpoli, Esq.
Travis L. Manfredi, Esq.
SAVERI & SAVERI, INC.
706 Sansome Street
San Francisco, CA 94111
Tel: (415) 217-6810
Fax: (415) 217-6813
Email: guido@saveri.com
rick@saveri.com
grushing@saveri.com
cadio@saveri.com
travis@saveri.com
BIOGEN CANADA: Recalls Tecfidera Capsules
-----------------------------------------
Starting date: November 20, 2015
Type of communication: Drug Recall
Subcategory: Drugs
Hazard classification: Type III
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-55916
Lot number discrepancy: Products were identified as having the lot
number CANEDSLI00 instead of CANEDLSI00 (reversal of the letters
"L" and "S").
Depth of distribution: Wholesalers and provinces across Canada
Affected products: Tecfidera
DIN, NPN, DIN-HIM
DIN 02420201
Dosage form: Capsule
Strength: Dimethyl Fumarate 240 mg
Lot or serial number: (L) CANEDLS100
Recalling Firm: Biogen Canada Inc.
90 Burnhamthorpe Road West, Suite 1100
Mississauga
L5B 3C3
Ontario
CANADA
Marketing Authorization Holder: Biogen Canada Inc.
90 Burnhamthorpe Road West, Suite
1100
Mississauga
L5B 3C3
Ontario
CANADA
BMW: Recalls Multiple Vehicles Due to Injury Risk
-------------------------------------------------
Starting date: November 19, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Powertrain
Units affected: 6
Source of recall: Transport Canada
Identification number: 2015552TC
ID number: 2015552
On certain M3 and M4 vehicles, the slip-joint located on the
driveshaft going from the transmission to the rear axle may not
have been greased properly during the manufacturing process.
Overtime, this could cause the slip-joint to fail, which would
result in a loss of motive power increasing the risk of a crash
causing injury and/or damage to property. Correction: Dealers will
inspect and replace the drive shaft as necessary.
Make Model Model year(s) affected
---- ----- ----------------------
BMW 3 SERIES 2016
BMW 4 SERIES 2015, 2016
BREVILLE CANADA: Recalls Slow Cookers Due to Burn Hazard
--------------------------------------------------------
Starting date: November 16, 2015
Posting date: November 16, 2015
Type of communication: Consumer Product Recall
Subcategory: Electronics
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public
Identification number: RA-55742
This voluntary recall involves the Breville The Fast Slow Cooker
(domestic stainless steel electric pressure cooker) model BPR600XL
with a white silicone lid gasket.
Only the following production date codes are affected by this
recall for units sold from October 2012 until October 2015: 1238,
1311, 1316, 1333, 1346, 1328, 1352, 1412, 1426, 1427, 1437, 1451,
1505, 1527.
If the white lid gasket is not inserted in the correct orientation
and contrary to the instructions provided in the product's
instruction manual, there is a possibility that pressure may build
up and release unexpectedly. This could lead to scalding or burns
if the user is near the appliance when the steam releases.
Neither Breville Canada L.P. nor Health Canada has received any
reports of consumer incidents or injuries related to the use of
these products in Canada.
Approximately 11,900 units of the recalled products were sold at
various locations across Canada.
The recalled products were sold from October 2012 to October 2015.
Manufactured in China.
Importer: Breville Canada LP
Montreal
Quebec
CANADA
Manufacturer: Breville Group LTD
Sydney
AUSTRALIA
Consumers who have the Fast Slow Cooker in their possession should
visit Breville's website to order a new (GREY) lid gasket, free of
charge.
For more information, contact Breville at 1-855-683-3535 (8:30am-
5:00pm Eastern Time, Monday-Friday) or contact the firm by email.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
Pictures of the Recalled Products available at:
http://is.gd/MfHuUY
CAFE MOGADOR: "Santiago" Action Seeks OT and Minimum Wage
---------------------------------------------------------
Rufino Santiago, on behalf of himself, FLSA Collective Plaintiffs
and the Class, Plaintiff, v. Rivka, Inc. d/b/a Cafe Mogador,
Cafe Mogador LLC d/b/a Cafe Mogador, Gal Ohayon, Josef Ohayon
and Rivka Rebecca Orlin, Defendants, Case No. 1:15-cv-09184
(S.D.N.Y., November 20, 2015), seeks to recover unpaid overtime
compensation, unpaid wages due to time shaving, liquidated damages
and attorneys' fees and costs in accordance to the Fair Labor
Standards Act, as amended, 29 U.S.C. 201 et seq. and the New York
Labor Law.
Defendants operate two restaurants in New York under the common
trade name "Cafe Mogador." They allegedly failed to pay Plaintiff,
for all hours worked due to a policy of time shaving as well as
for their hours worked in excess of 40 hours per workweek.
Santiago was employed by Defendants as a food preparer for Cafe
Mogador East Village located at 101 Saint Marks Place, New York,
New York 10009 and Cafe Mogador Williamsburg restaurant located at
133 Wythe Avenue, Brooklyn, New York 11211.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
CANADA: PM Wants Pope to Apologize Over Delayed Settlement
----------------------------------------------------------
The Economist reports that for more than a century the government
of Canada ran a system of residential schools for indigenous
children, taking them from their parents -- by force if need be --
and putting them into institutions where many were physically and
sexually abused. Seven years ago Stephen Harper, then
Conservative prime minister, apologized on the government's behalf
to the 150,000 children and their families for the brutal attempt
to wipe out their cultures. On December 15th Justin Trudeau, the
new Liberal prime minister, apologized again, saying the
"abhorrent" system represented "one of the darkest chapters in
Canadian history". He then said he would ask Pope Francis to
apologise too. Why involve the pontiff?
Although this was a government program, between 1883 and 1996
churches ran the 139 residential schools. Priests and nuns of the
Roman Catholic church controlled the majority of them. Yet alone
among the churches involved, its national body in Canada has
refused to apologize on grounds that a decentralized structure
leaves this duty to individual dioceses. Some have. But Catholic
foot-dragging over payment of their agreed share of the $1.4
billion settlement of a class-action lawsuit by former students
prompted the federal government to take the dioceses to court.
This would seem egregious enough to merit a papal pronouncement;
Mr. Trudeau is speaking up now because of a promise he made during
the recent election campaign to implement all 94 recommendations
of the truth-and-reconciliation commission set up as part of the
settlement agreement. Its final report was delivered on December
15th.
The prime minister may have some luck getting papal action on
recommendation "58", which calls on Pope Francis to visit Canada
and apologize to former students, their families and communities
"for the Roman Catholic Church's role in the spiritual, cultural,
emotional, physical, and sexual abuse of First Nations, Inuit, and
M‚tis children in Catholic-run residential schools". Pope Francis
seems open to acknowledging the church's past sins. He has
apologized to the victims of sexual abuse by Catholic priests in
Ireland and asked forgiveness during a trip to Bolivia last July
for the church's role in the sins of colonialism. Where
Mr. Trudeau will run into greater difficulty is implementing
recommendation "45". It calls for a new royal proclamation
(Canada is a constitutional monarchy) that among other things
would repudiate two concepts based on papal bulls from the 15th
century: the Doctrine of Discovery and terra nullius.
This is much trickier ground. The 15th-century bulls that are
collectively known as the Doctrine of Discovery gave European
explorers carte blanche "to invade, capture, vanquish, and subdue
all Saracens, pagans, and other enemies of Christ, to put them
into perpetual slavery, and to take away all their possessions and
property". Terra nullius is the convenient fiction that if no
Europeans were present, the land was uninhabited. Both concepts
crept into national and international law and underlie the legal
existence of English-speaking settler states such as Canada, the
US and Australia. Some indigenous groups have long called for the
Vatican to repudiate the offending bulls. Some theologians
suggest this might have been done in 1537, though the proof is
hazy. Those advocating a repudiation say the doctrine is still
very much alive. A group of Canadian and American native chiefs
are planning to march to Rome from Paris in May to petition the
pope in person. It is unclear what the legal impact would be if
either the pope or Mr. Trudeau publicly repudiated the concepts.
Neither seems likely. The pope's speech in Bolivia provided a
perfect opportunity to do so if he was so inclined. He will have
another chance if he accepts the invitation of the Quebec
government to visit the French-speaking province in 2017 on the
375th anniversary of the founding of Montreal. (The prime
minister's office has yet to issue an invite.) But the last word
from the Vatican is that a trip to Canada is not currently
contemplated.
CENTENNIAL GENERAL: Recalls Ground Pork Products
------------------------------------------------
Starting date: November 20, 2015
Type of communication: Recall
Alert sub-type: Notification
Subcategory: Extraneous Material
Hazard classification: Class 3
Source of recall: Canadian Food Inspection Agency
Recalling firm: Centennial General Partner Inc.
Distribution: Alberta, British Columbia, Northwest Territories
Extent of the product distribution: Hotel/Restaurant/Institutional
CFIA reference number: 10174
Brand Common Size Code(s) on UPC
name name ---- product ---
---- ------ ----------
Centennial Ground Pork 5 kg 2015 NO 12 None
Foodservice (frozen)
Centennial Ground Pork 25 kg 2015 NO 12 None
Foodservice (refrigerated)
CHICAGO, IL: "Dougherty" Action Seeks Unpaid Wages, OT Pay
----------------------------------------------------------
William C. Dougherty and Anargyros Kereakes, individually and on
behalf of all others similarly situated members of the Chicago
Police Force, Plaintiff, v. The City of Chicago, Illinois,
Defendants, Case No. 1:15-cv-10975 (N.D. Ill., Eastern Division,
December 7, 2015), seeks recovery of unpaid wages, overtime pay as
well as liquidated and punitive damages and attorneys' fees and
costs in violation of the Fair Labor Standards Act of 1938,
Illinois Wage Payment Collection Act and the Illinois Minimum Wage
Law.
Dougherty and Kereakes work as law enforcement officers for the
Defendant and claim to have worked in excess of 40 hours per work
week without compensation when they were assigned to the Violence
Reduction Initiative and Parks Overtime Initiative of the Police
Force.
The Plaintiff is represented by:
Paul D. Geiger, Esq.
Ronald C. Dahms
Suite 3020, 540W Frontage Road
Northfield, IL 60093
Tel: (312) 609-0060
CHOICE HOTELS: "Pair" Action Seeks OT Recovery
----------------------------------------------
Lillian M. Pair, Aundrea Kinloch, Michael D. Johnson on behalf of
themselves and others similarly situated, Plaintiff, v. Choice
Hotels International Inc., Palmetto Heights Management, LLC and
Kamleshkumar K. Shah, individually, Defendants, Case No. 2:15-cv-
04639-DCN (D.S.C., October 17, 2015), seeking recovery in
violation of the FLSA pursuant to the collective action provisions
of 29 U.S.C. 216(b) and the South Carolina Payment of Wages Act,
S.C. Code Ann 41-10-10, et seq.
Lillian M. Pair, Aundrea Kinloch and Michael D. Johnson were
employed by the Defendants as housekeepers and desk clerks.
Defendants failed to pay them one and one-half times their regular
rate of pay for all hours worked in excess of 40 per workweek
during one or more work weeks.
Choice Hotels International Inc., is a lodging company under the
brands Comfort Inn, Comfort Suites, Quality Inn, Sleep Inn,
Clarion, Cambria Hotel & Suites, Mainstay Suites, Suburban
Extended Stay, Econo Lodge, Rodeway Inn, and Ascend Hotel
Collection.
Palmetto Heights Management, LLC is an investment firm operating
hotels in South Carolina. Currently they own and operate: Suburban
Extended Stay located at 4620 Dorchester Road, North Charleston
SC, Clarion Inn located at 3640 Dorchester Rd, North Charleston,
SC and Ashley Lodge located at 188 Judge St., Harleyville, SC
29448.
The Plaintiff is represented by:
Marybeth Mullaney, Esq.
MULLANEY LAW, LLC
321 Wingo Way Suite 201
Mount Pleasant, SC 29464
Tel: (800) 385-8160
Email: marybeth@mullaneylaw.net
CITIGROUP INC: "Merryman" Action Alleges Breach of Contract
-----------------------------------------------------------
Benjamin Michael Merryman, Amy Whitaker Merryman Trust and B
Merryman And A Merryman 4th Generation Remainder Trust,
individually and on behalf of all others similarly situated,
Plaintiffs, v. Citigroup, Inc., Citibank, N.A., and Citigroup
Global Markets Inc., Defendants., Case No. 1:15-cv-09185
(S.D.N.Y., November 20, 2015), seeks compensatory, consequential,
and general damages as well as punitive damages resulting from
breach of contract pursuant to the Class Action Fairness Act of
2005, 28 U.S.C. Sec. 1332(d)(2).
Merryman was an American Depositary Receipts holder in the
following entities for which Citi served as the depositary:
China Petroleum & Chemical, ABB LTD, Taiwan Semiconductor
Manufacturing Company Ltd, Kyocera LTD and Orix Corporation. He
has Power of Attorney for the Amy Whitaker Merryman Trust and is a
Trustee of the A and B Merryman 4th Generation Remainder Trust.
Citi serves as a depositary bank and contracts with foreign stock
corporations for the issuance of American Depositary Receipts
(ADR) in the United States through Deposit Agreements. Plaintiffs
purchased these receipts.
Citi allegedly overcharged Plaintiffs by assigning unfavorable
foreign exchange rates to cash distributions in the form of
unauthorized spreads above the prevailing interbank rates at which
the Cash Distributions were converted thus allowing Citi to retain
proceeds rightfully owed to ADR Holders in violation of the
Contract Documents.
The Plaintiff is represented by:
Joseph H. Meltzer, Esq.
Sharan Nirmul, Esq.
Ethan Bartlieb, Esq.
Jonathan Neumann, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Tel: (610) 667-7706
Fax: (610) 667-7056
Email: jmeltzer@ktmc.com
snirmul@ktmc.com
ebartlieb@ktmc.com
jneumann@ktmc.com
- and -
G. Chadd Mason, Esq.
MASON LAW FIRM, PLC
P.O. Box 1265
Fayetteville, AR 72702-1265
Tel: (479) 442-6464
- and -
Amy C. Martin, Esq.
EVERETT, WALES and COMSTOCK
1944 East Joyce Boulevard
PO Box 8370
Fayetteville, AR 72703
Tel: (479) 443-0292
Fax: (479) 443-0564
Email: amy@everettfirm.com
CLOVIS ONCOLOGY: "Medina" Suit Hits Share Price Drop
----------------------------------------------------
Sonny P. Medina, Individually and on behalf of all others
similarly situated, Plaintiff, v. Clovis Oncology, Inc. and
Patrick J. Mahaffy, Defendants, Case No. 1:15-cv-2546 (D. Colo.,
November 19, 2015), seeks damages, equitable and injunctive or
other relief in violation of the Exchange Act and SEC Rule 10b-5.
The Defendant allegedly failed to fully and accurately disclose
adverse material information regarding the Company to investors
thus resulting in the drop in the share prices.
Clovis is a biopharmaceutical company focused on acquiring,
developing and commercializing cancer treatments in the United
States, Europe and other international markets. Mahaffy is a co-
founder and President, CEO and a director of Clovis.
The Plaintiff is represented by:
Alexander A. Krot, Esq.
Nicholas I. Porritt, Esq.
LEVI & KORSINSKY LLP
1101 30th Street, NW, Suite 115
Washington, DC 20007
Tel: (202) 524-4290
FAX: (202) 333-2121
Email: akrot@zlk.com
nporritt@zlk.com
CLOVIS ONCOLOGY: "Kimbro" Suit Hits Share Price Drop
----------------------------------------------------
Steve Kimbro, Individually and on behalf of all others similarly
situated, Plaintiff, v. Clovis Oncology, Inc. and Patrick J.
Mahaffy, Defendants, Case No. 1:15-cv-02547 (D. Colo., November
19, 2015), seeks damages, equitable and injunctive or other relief
in violation of the Exchange Act and SEC Rule 10(b) and Rule 10b-
5.
Plaintiff purchased common stock of the Defendant.
The Defendant allegedly failed to fully and accurately disclose
adverse material information regarding the Company to investors
thus resulting in the drop in the share prices.
Clovis is a biopharmaceutical company focused on acquiring,
developing and commercializing cancer treatments in the United
States, Europe and other international markets. Mahaffy is a
co-founder and President, CEO and a director of Clovis.
The Plaintiff is represented by:
Kip B. Shuman, Esq.
Rusty E. Glenn, Esq.
THE SHUMAN LAW FIRM
885 Arapahoe Avenue
Boulder, CO 80302
Tel: (303) 861-3003
Fax: (303) 536-7849
Email: Kip@Shumanlawfirm.com
Rusty@Shumanlawfirm.com
- and -
Lionel Z. Glancy, Esq.
Robert V. Prongay, Esq.
Lesley F. Portnoy, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Tel: (310) 201-9150
Fax: (310) 201-9160
- and -
Howard G. Smith, Esq.
LAW OFFICES OF HOWARD G. SMITH
3070 Bristol Pike, Suite 112
Bensalem, PA 19020
Tel: (215) 638-4847
Fax: (215) 638-4867
CLOVIS ONCOLOGY: "Moran" Suit Hits Share Price Drop
---------------------------------------------------
John Moran, Individually and on behalf of all others similarly
situated, Plaintiff, v. Clovis Oncology, Inc. and Patrick J.
Mahaffy and Erle T. Mast, Defendants., Case No. 3:15-cv-05323
(N.D. Cal., November 20, 2015), seeks damages, equitable and
injunctive or other relief pursuant to Sections 10(b) and 20(a) of
the Exchange Act (15 U.S.C. 78j(b) and 78t(a)) and Rule 10b-5
promulgated thereunder (17 C.F.R. 240.10b-5).
The Defendant allegedly failed to fully and accurately disclose
adverse material information regarding the Company to investors
thus resulting in the drop in the share prices.
Clovis is a biopharmaceutical company focused on acquiring,
developing and commercializing cancer treatments in the United
States, Europe and other international markets. Mahaffy is a co-
founder and President, CEO and a director of Clovis. Erle T. Mast
served as Chief Financial Officer and Executive Vice President.
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-2684
Email: lrosen@rosenlegal.com
COLLIN COUNTY, TX: Prosecutors Sued Over Fees
---------------------------------------------
David Lee, writing a Courthouse News Services, reported a Texan
sued a state judge and County in McKinney, Texas Commission,
claiming special prosecutors in Attorney General Ken Paxton's
criminal securities fraud case are overcharging taxpayers for
pretrial legal fees after a secret deal with a judge.
Jeffory Blackard, of Sulphur Springs, sued presiding Tarrant
County District Judge George Gallagher, the members of Collin
County Commissioners Court and county Auditor Jeff May in a
proposed class action in Collin County Court. He claims special
prosecutors Kent Schaffer and Brian Wice seek "threatened
expenditure of public funds that would unlawfully serve to enrich
private attorneys at the expense of taxpayers in Collin County."
Blackard claims the special prosecutors are limited to what court-
appointed attorneys for the indigent are paid under the Texas Fair
Defense Act.
"Defendant Judge Gallagher has discretion to adjust the payment in
an amount not to exceed $1,000.00, but that payment is a '[per]
case adjustment' and cannot occur until disposition of the case,"
the 19-page complaint states.
"For these reasons, the payment sought by the Attorneys Pro Tem
violates Local Rule 4.01 and Tex. Code Crim. Proc. Sections 2.07
and 26.05. It seeks an illegal expenditure of taxpayer funds."
Blackard cites an agreement between the prosecutors and Collin
County District Court Judge Scott Becker that they would be paid
$300 per hour. He claims the fees may not be paid until the case
is disposed of -- Paxton has yet to go to trial.
"The Attorneys Pro Tem may believe their case to be extraordinary,
and may have been promised lucrative fees, but there is no legal
basis for a fee payment to occur prior to disposition of the case
or for an amount higher than the amount permitted in the fee
schedule," the complaint states.
"Any other result would open the door to drastic consequences,
including severe financial impact to Collin County. Additionally,
allowing individual judges to value intriguing white collar
prosecutions far more than the effective defense of capital cases
is plainly contrary to the plan and intent of the rules and
statutes."
A Collin County grand jury in August charged Paxton with two
first-degree felony counts of securities fraud and a third-degree
felony count of failing to register with the state securities
board in August.
Paxton is accused of fraudulently selling more than $100,000 in
Servergy stock to two investors in July 2011 without disclosing
that he would be paid commissions on it. He also failed to
disclose that he had been given 100,000 shares in the company but
had not invested in the company himself, according to the
indictment.
Judge Gallagher denied 10 dismissal motions from Paxton's defense
attorneys this month, paving the way for trial. He was not
persuaded by arguments that the charges are unconstitutionally
vague or that state District Judge Chris Oldner improperly
impaneled the grand jury before recusing himself.
Paxton's attorney, Bill Mateja -- mateja@fr.com -- with Fish
Richardson in Dallas, declined comment.
"The lawsuit speaks for itself and beyond that we don't have any
comment," he told ABC-affiliate WFAA on Wednesday.
Prosecutor Wice said Paxton's insistence on limiting pretrial
legal fees is as "predictable as it is frivolous."
"Mr. Paxton's considerable resources would be far better spent in
mounting a defense as opposed to his misplaced and inexplicable
concern with our compensation," he told the Houston Chronicle on
Wednesday.
Blackard seeks declaratory judgment, a temporary restraining order
and an injunction. He is represented by Scott Harper --
scott.harper@griffithbates.com -- with Griffith Bates in Dallas
and Todd P. Graves -- tgraves@gravesgarrett.com -- with Graves
Garrett in Kansas City, Mo
DAY BREAK INC: "Hernandez" Action Seeks OT Pay
----------------------------------------------
Victor Manuel Mendez Hernandez, individually and on behalf of
others similarly situated, Plaintiff v. Day Break Inc. (d/b/a
Daybreak Cafe), Javier Balbuena Sr. and Javier Balbuena Jr.
Defendants, Case No. 1:15-cv-06693 (E.D.N.Y., November 20, 2015),
seeks recovery of unpaid overtime wages and damages for any
improper deductions or credits taken against wages in violation of
Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq. ("FLSA"),
New York Labor Law 190 and 650 et seq., overtime wage order
respectively codified at N.Y.C.R.R. Tit. 12 142-2.2, 2.4, and the
"spread of hours" and overtime wage orders of the New York
Commissioner of Labor codified as 12, 142-2.4(a)(2009) as well as
applicable liquidated damages, interest, attorneys' fees and
costs.
Plaintiff worked for Defendants in excess of 40 hours per week
without appropriate minimum wage or overtime compensation for any
of the hours that he worked.
Daybreak Cafe is a cafe restaurant owned by Javier Balbuena Sr.
and Javier Balbuena Jr., located at 4501 34th Ave, Long Island
City, NY 11101.
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY York 10165
Tel: (212) 317-1200
DIRECTV HOLDINGS: NYN Sues Over NFL Exclusive Broadcast
-------------------------------------------------------
NYN, Inc d/b/a New York Nick's, for itself and for all others
similarly situated, Plaintiff, v. National Football League,
Inc.; NFL Enterprises LLC, DIRECTV, LLC; and DIRECTV
Holdings LLC, Case No. 2:15-cv-08961-PA-FFM (S.D.N.Y., July 20,
2015), seeks damages, injunctive relief and other relief pursuant
to pursuant to sections 1 and 2 of the Sherman Act.
Plaintiff accuses the Defendants of unreasonable restraint of
trade vis-a-vis DIRECTV's exclusive arrangement to broadcast all
Out-of-Market Games and charging premiums excessively by DIRECTV
for Out-of-Market Games as a result of this unreasonable restraint
of trade.
NYN, Inc. is a bar and restaurant located in Pensacola, Florida
under the name "New York Nick's."
DIRECTV Holdings LLC is a Delaware limited liability company and
has its principal place of business at 2260 East Imperial Highway,
El Segundo, California 90245. It is the U.S. operating arm of
DIRECTV, Inc.
DIRECTV, LLC is a California limited liability with its principal
place of business at 2260 East Imperial Highway, El Segundo,
California 90245.
NFL was an unincorporated association of 32 American professional
football teams in the United States, each of which was separately
owned and operated, acted in its own economic self-interest and
competed in most respects with the other NFL Teams.
The Plaintiff is represented by:
David H. Weinstein, Esq.
Robert S. Kitchenoff, Esq.
WEINSTEIN KITCHENOFF & ASHER LLC
100 South Broad Street, Suite 705
Philadelphia, PA 19110-1061
Tel: (215) 545-7200
Fax: (215) 545-6535
Email: weinstein@wka-law.com
kitchenoff@wka-law.com
- and -
M. Stephen Dampier, Esq.
THE DAMPIER LAW FIRM P.C.
55 N. Section Street
P.O. Box 161 (36533)
Fairhope, AL 36532
Tel: (251) 929-0900
Fax: (251) 929-0800
Email: stevedampier@dampierlaw.com
DJB INTERNATIONAL: "Brooks" Action Seeks OT Pay
-----------------------------------------------
Arthur Brooks, Richard Clandorf, Joseph O'Connor and Kevin Hommel,
individually and on behalf of all others similarly situated,
Plaintiffs, v. DJB International, Ltd. d/b/a Premiere
Transportation Group, David J. Brown and Denise Crisafulli,
jointly and severally, Defendants., Case No. 1:15-cv-01386
(N.D.N.Y., November 20, 2015), seeks to recover unpaid overtime
premium pay under the Fair Labor Standards Act, 29 U.S.C. 201 et
seq. and the New York Labor Law, 650 et seq. as well as claims for
unpaid gratuities and uniform and uniform maintenance
reimbursements.
Plaintiffs allegedly did not receive overtime wages for hours
worked over 40 in a given workweek and were not paid for all hours
worked. They also did not receive all gratuities to which they
were entitled or reimbursements for uniform purchase and
maintenance expenses.
DJB International, Ltd. is a New York Corporation with its
principal place of business at 456 North Pearl Street, Albany,
New York 12204 and is owned and operated by David J. Brown and
Denise Crisafulli.
The Plaintiff is represented by:
Brent E. Pelton, Esq.
Taylor B. Graham, Esq.
PELTON & ASSOCIATES PC
111 Broadway, Suite 1503
New York, NY 10006
Tel: (212) 385-9700
Email: pelton@peltonlaw.com
graham@peltonlaw.com
DOLLARAMA LP: Recalls Halloween Outdoor Light Set
-------------------------------------------------
Starting date: November 13, 2015
Posting date: November 13, 2015
Type of communication: Consumer Product Recall
Subcategory: Household Items, Tools and Electrical Products
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public
Identification number: RA-55832
This recall involves the Dollarama Halloween 25 Miniature Straight
Line Outdoor Light Set. The affected product has a length of
approximately 1.3 meters (4.3 feet), has coloured bulbs and a
black wire. The recalled product is identified by model number O-
25, CSA file number 224823, Dollarama item number 07-3048456 and
UPC 66788840562. Consumers are able to locate the model number and
CSA file number on the white tag affixed to the wire and the
Dollarama item number and UPC on the product's packaging.
Health Canada's sampling and evaluation program has determined
that the Halloween 25 Miniature Straight Line Outdoor Light Set
may pose an electric shock hazard.
Neither Health Canada nor Dollarama has received any reports of
consumer incidents or injuries related to the use of these
products.
Approximately 19,390 light sets were sold in Canada.
The recalled products were sold from August 2015 to October 2015.
Manufactured in China.
Importer: Dollarama L.P./S.E.C.
Montreal
Quebec
CANADA
Manufacturer: Zhejiang Kaifu Lamp Co.,Ltd.
Taizhou City, Zhejiang
CHINA
Consumers should immediately stop using the recalled seasonal
lights and return them to the store to obtain a refund.
For more information, consumers may contact Dollarama online by
clicking on "Contact Us" or by calling 1-888-755-1006, extension
1000, 24 hours a day, seven days a week.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
For the complete list of recalls posted as a result of this
sampling and evaluation project, visit the Consumer Product Update
on seasonal lights.
Pictures of the Recalled Products available at:
http://is.gd/uYxn9Z
DOLLARAMA LP: Recalls Christmas Indoor Light Set
------------------------------------------------
Starting date: November 13, 2015
Posting date: November 13, 2015
Type of communication: Consumer Product Recall
Subcategory: Household Items, Tools and Electrical Products
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public
Identification number: RA-55830
This recall involves the Dollarama Christmas Light 50 Miniature
Straight Line Indoor Light Set. The affected product has a length
of approximately 3 meters (10 feet), has clear or colored bulbs
and a green wire. The recalled product is identified by model
number I-50, CSA file number 224823, Dollarama item number 09-
3039962 and UPC 667888205394. Consumers are able to locate the
model number and CSA file number on the white tag affixed to the
wire and the Dollarama item number and UPC on the product's
packaging.
Health Canada's sampling and evaluation program has determined
that the Christmas Light 50 Miniature Straight Line Indoor Light
Set may pose an overheating and fire hazard.
Neither Health Canada nor Dollarama has received any reports of
consumer incidents or injuries related to the use of these
products.
Approximately 338,142 light sets were sold in Canada.
The recalled products were sold from October 2014 to October 2015.
Manufactured in China.
Importer: Dollarama L.P./S.E.C.
Montreal
Quebec
CANADA
Manufacturer: Zhejiang Kaifu Lamp Co.,Ltd.
Taizhou City, Zhejiang
CHINA
Consumers should immediately stop using the recalled seasonal
lights and return them to the store to obtain a refund.
For more information, consumers may contact Dollarama online by
clicking on "Contact Us" or by calling 1-888-755-1006, extension
1000, 24 hours a day, seven days a week.
Please note that the Canada Consumer Product Safety Act prohibits
recalled products from being redistributed, sold or even given
away in Canada.
Health Canada would like to remind Canadians to report any health
or safety incidents related to the use of this product or any
other consumer product or cosmetic by filling out the Consumer
Product Incident Report Form.
This recall is also posted on the OECD Global Portal on Product
Recalls website. You can visit this site for more information on
other international consumer product recalls.
For the complete list of recalls posted as a result of this
sampling and evaluation project, visit the Consumer Product Update
on seasonal lights.
Pictures of the Recalled Products available at:
http://is.gd/uiJBnX
DSW INC: Web Site Not Accessible to Blind, "Diaz" Action Says
-------------------------------------------------------------
Cristhian Diaz, on behalf of himself and all others similarly
situated, v. DSW Inc. and DSW Shoe Warehouse, Inc., Defendants,
Case No. 1:15-cv-09177-AT (S.D.N.Y., November 20, 2015), seeks
preliminary and permanent injunction in violation of Americans
with Disabilities Act, 42 U.S.C. 12182, et seq., N.Y. Exec. Law
296, et seq., N.Y.C. Administrative Code 8-107, et seq.,
preliminary and permanent injunction requiring Defendants to make
its website accessible by the blind, compensatory damages
including all applicable statutory damages and fines in violation
of the civil rights under New York State Human Rights Law and City
Law and Plaintiff's reasonable attorneys' fees, expenses, and
costs of suit.
Cristhian Diaz, a blind person, alleges Home Depot's website to ne
non-compliant to mandated provisions for blind users.
DSW Inc. is a corporation organized under the laws of Ohio, with a
principal executive office at 810 DSW Drive, Columbus, Ohio 43219.
DSW Shoe Warehouse, Inc. is a corporation organized under the laws
of Missouri with a principal executive office at 810 DSW DRIVE,
Columbus, Ohio 43219. Defendants own and operate retail stores
selling shoes, handbags and accessories.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
ENHANCED RECOVERY: "Serino" Suit Seeks to Recover Overtime Pay
--------------------------------------------------------------
Sterling Serino, and all others similarly situated v. Enhanced
Recovery Company, LLC, Case No. 3:15-cv-01418 (M.D. Fla., November
30, 2015), seeks to recover overtime compensation pursuant to the
Fair Labor Standards Act.
The Defendant is a financial services company that provides
national debt collections services to its clients in all 50 states
and around the world.
The Plaintiff is represented by:
Benjamin L. Williams, Esq.
LAW OFFICES OF BENJAMIN L. WILLIAMS
P.O. Box 3237
Ponte Vedra Beach, FL 32004
Tel: (904) 515-7840
Fax: (904) 671-9483
ESTEE LAUDER: Recalls BB Moisture Makeup SPF 30 Products
--------------------------------------------------------
Starting date: November 18, 2015
Type of communication: Drug Recall
Subcategory: Drugs
Hazard classification: Type III
Source of recall: Health Canada
Issue: Product Safety
Audience: General Public, Healthcare Professionals, Hospitals
Identification number: RA-56246
Out of specification result for potency during shelf life testing.
Depth of distribution: Retailers
Affected products: Estee Lauder Double Wear All-Day Glow BB
Moisture Makeup SPF 30
DIN, NPN, DIN-HIM
DIN 02415062
Dosage form: Cream
Strength: 7.5% w/w Octinoxate
5.0% w/w Octisalate
5.2% w/w Titanium Dioxide
3.2% w/w Zinc Oxide
Lot or serial number: AC4
Recalling Firm: Estee Lauder Companies
350 Service Road
Melville
11747
New York
UNITED STATES
Marketing Authorization Holder: Estee Lauder Cosmetics Ltd.
161 Commander Blvd.
Agincourt
M1S 3K9
Ontario
CANADA
EVERSPRING FARMS: Recall Chia Seed Powder Due to Salmonella
-----------------------------------------------------------
Starting date: November 16, 2015
Type of communication: Recall
Alert sub-type: Updated Food Recall Warning
Subcategory: Microbiological - Salmonella
Hazard classification: Class 2
Source of recall: Canadian Food Inspection Agency
Recalling firm: Everspring Farms Ltd
Distribution: National
Extent of the product distribution: Retail
CFIA reference number: 10168
The food recall warning issued on November 4, 2015 has been
updated to include additional product information. This additional
information was identified during the Canadian Food Inspection
Agency's (CFIA) food safety investigation.
Everspring Farms Ltd. is voluntarily recalling Back 2 the Garden
brand and Now Real Food brand sprouted chia seed powder from the
marketplace due to possible Salmonella contamination. Consumers
should not consume the recalled product.
The following products have been sold nationally as well as
through internet sales.
Check to see if you have recalled products in your home. Recalled
products should be thrown out or returned to the store where they
were purchased.
Food contaminated with Salmonella may not look or smell spoiled
but can still make you sick. Young children, pregnant women, the
elderly and people with weakened immune systems may contract
serious and sometimes deadly infections. Healthy people may
experience short-term symptoms such as fever, headache, vomiting,
nausea, abdominal cramps and diarrhea. Long-term complications may
include severe arthritis.
There have been no reported illnesses associated with the
consumption of these products.
This recall was triggered by CFIA test results. The CFIA is
conducting a food safety investigation, which may lead to the
recall of other products. If other high-risk products are
recalled, the CFIA will notify the public through updated Food
Recall Warnings.
The CFIA is verifying that industry is removing recalled product
from the marketplace.
Brand name Common name Size Code(s) on UPC
---------- ----------- ---- product ---
----------
Back 2 the Organic 200 g Lot 6 27843-
Garden Sprouted Chia #EVCHO150430 15900 1
Seed Powder -08BB/MA JUN-
2016,
Lot
#EVCHO150608-
03 BB/MA AUG-
2016,
Lot
#EVCHO150715-
04 BB/MA SEP-
2016 and
Lot
#EVCHO150715-
012 BB/MA OCT-
2016
Now Real "Sprouted" 227 g EVCHO150715- 7 33739-
Food Milled 010 BB/MA SEP- 92070 6
Chia Seed 2016
Pictures of the Recalled Products available at:
http://is.gd/0EdC82
FACEBOOK INC: Suits Over IPO Win Class Certification
----------------------------------------------------
Adam Klasfeld, writing for Courthouse News Service, reported that
two groups of investors accusing Facebook of having misled them in
its disastrous initial public offering three years ago can bring
separate class actions representing "potentially thousands of
plaintiffs," a federal judge in Manhattan ruled.
When Facebook hit the market for one of the largest IPOs in
history on May 18, 2012, it offered 421 million shares of common
stock at $38 per share. Facebook's stock has since catapulted to
more than $100, but its initial performance disappointed many.
A flurry of litigation erupted as trading peaked at $45 on the
first day before tanking to $31 -- a stutter step the Securities
and Exchange Commission has since blamed on Nasdaq. More than
30,000 orders were sidelined during an interlude of almost exactly
30 minutes after technical glitches delayed the start of trading.
One lawsuit accused the Swiss banking giant UBS of "catastrophic
mismanagement" with regard to the IPO.
Retail and institutional investors meanwhile each brought separate
class actions alleging that Facebook misled them by warning that
higher mobile usage "may negatively affect" the company's revenue
when profits were already down.
The growing popularity of mobile usage had posed a problem for
Facebook because it had not yet figured out a way to sell ads on
this platform.
U.S. District Judge Robert Sweet certified both class actions in
an opinion published on Dec. 30, one day after its filing under
seal.
"The causes of the Facebook stock declines are factual questions
suitable for resolution on a class-wide basis," the 55-page
opinion states.
Sweet's ruling comes four years after the Supreme Court disbanded
an enormous class of women suing Wal-Mart and raised the bar for
plaintiffs to show sufficient commonality to proceed with a class
action.
Confronting the precedent from Dukes v. Wal-Mart head on, Sweet
noted that, "given the extraordinary size of this case, it is a
perplexing problem that the sheer number of potential plaintiffs
of all stripes and colors with the same claims against the same
defendants is what threatens their ability to proceed as a class."
Still, Sweet found that the issues of Facebook's knowledge of its
mobile problem and its duty to inform shareholders of it applied
to all the plaintiffs.
"The existence of large common questions with common answers in
this matter cannot be disputed," he said.
Facebook defended its disclosures by noting that some observers -
like blogger Larry Kim and consumer news writer Connie Prater -
already pointed out the problems that mobile usage presented for
the company.
Sweet conceded that Facebook "marshaled an impressive amount of
evidence" in its defense, but the judge ultimately found that the
news coverage "hardly suffices to meet the high bar of the actual
knowledge of the specific misstatements and omissions alleged in
this case."
Judge Sweet applied country-music wisdom to reject Facebook's
request that the shareholders' claims face individual trials,
"Defendants need not ask a single investor who purchased 40,000
shares whether she knew about mobile's negative impact on
Facebook's revenue (or anything else) 40,000 times," he wrote.
"Once is enough."
Lest anyone miss the reference, Sweet called this principle a
"maxim as applicable to fact discovery as to life and broken
hearts," citing the Willie Nelson duet with Aerosmith's Steven
Tyler, "One Time Too Many," and versions of "Once Is Enough" by
Elvis Presley and Lyle Lovett.
Facebook echoed the heartbreak theme in a statement expressing
disappointment in the decision.
"We believe the class certification is without merit and conflicts
with well-settled Supreme Court and Second Circuit law," the
company said, adding that it has already filed an appeal.
An attorney for one of the classes did not immediately respond to
an email request for comment.
FLOTEK INDUSTRIES: "Walpole" Action Hits Share Price Drop
---------------------------------------------------------
Robert Walpole, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, v. Flotek Industries, Inc., John W. Chisholm,
Robert M. Schmitz and H. Richard Walton, Defendants., Case No.
4:15-cv-03383 (S.D. Tex., Houston Division, November 17, 2015),
seeks compensatory damages under Section 10(b), Rule 10b-5 and
20(a) of Securities Exchange Act of 1934.
Defendants allegedly failed to disclose material adverse facts
about the Company's business, operations and prospects as well as
the lack of adequate internal controls thereof, resulting in the
decline in the market value of the Company's securities.
Flotek is a global developer and distributor of a portfolio of
oilfield technologies, including specialty chemicals and down-hole
drilling and production equipment. It serves major and independent
companies in the domestic and international oilfield service
industry.
John W. Chisholm was Chief Executive Officer and a director of the
Company.
Robert M. Schmitz has been Flotek's Chief Financial Officer since
May 29, 2015.
Richard Walton ("Walton") served as CFO of the Company until May
29, 2015.
The Plaintiff is represented by:
Joe Kendall, Esq.
Jamie J. McKey, Esq.
KENDALL LAW GROUP, LLP
3232 McKinney, Suite 700
Dallas, TX 75204
Tel: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
jmckey@kendalllawgroup.com
- and -
Brian Murray, Esq.
GLANCY PRONGAY & MURRAY LLP
122 E 42nd Street, Suite 2920
New York, NY 10168
Tel: (212) 682-5340
Fax: (212) 884-0988
- and -
Lionel Z. Glancy, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Tel: (310) 201-9150
Fax: (310) 201-9160
FLOWERS FOODS: "Wordlaw" Action to Recover Minimum Wages
--------------------------------------------------------
Rudolph Wordlaw, individually, and on behalf of all others
similarly situated, Plaintiff, v. Flowers Foods, Inc. and Flowers
Baking Co. of Villarica, LLC, Case No. 3:15-cv-00187-TCB (N.D.
Ga., December 4, 2015), seeks recovery of unpaid overtime wages
and liquidated damages in the same amount, nominal damages and
reasonable attorney's fees in violation of the Fair Labor
Standards Act, 29 U.S.C. Sec. 216.
Plaintiff worked as distributors for the Defendant and delivers
and merchandizes to local retailers of bakery and snack food
products manufactured or sold by the Defendant. He claims to
regularly work 50-55 hours per week and never received overtime
premium pay at any time in excess of 40 hours per work week.
Flowers Foods, Inc. is a Georgia corporation with its principal
place of business at 1919 Flowers Circle, Thomasville, Georgia,
31757.
Flowers Baking Co. of Villarica, LLC is a Delaware corporation
with its principal place of business at 1919 Flowers Circle,
Thomasville, Georgia, 31757. It is a wholly owned subsidiary of
Flowers Foods, Inc.
The Plaintiff is represented by:
Steven G. Durio, Esq.
Ryan M. Goudelocke, Esq.
Daniel J. Phillips, Esq.
DURIO, McGOFFIN, STAGG & ACKERMAN
220 Heymann Boulevard
Post Office Box 51308
Lafayette, LA 70505-1308
Tel: (337) 233-0300
Fax: (337) 233-0694
Email: durio@dmsfirm.com
ryan@dmsfirm.com
dan@dmsfirm.com
- and -
Mitchell D. Benjamin, Esq.
Kevin D. Fitzpatrick, Jr., Esq.
Charles R. Bridgers, Esq.
DeLONG, CALDWELL, BRIDGERS, FITZPATRICK & BENJAMIN LLC
3100 Centennial Tower
101 Marietta Street, NW
Atlanta, GA 30303
Tel: (404) 979-3150
Fax: (404) 979-3170
Email: benjamin@dcbflegal.com
kevin.fitzpatrick@dcbflegal.com
charlesbridgers@dcbflegal.com
FLUIDMASTER: Faces Class Action Over Water Supply Lines
-------------------------------------------------------
Courthouse News Services reported Fluidmaster fraudulently
conceals defects in its No-Burst braided stainless steel water
supply lines, a homeowner claims in a federal class action in
Santa Ana, California.
FORD: Recalls Fusion 2010 and 2011 Models Due to Injury Risk
------------------------------------------------------------
Starting date: November 23, 2015
Type of communication: Recall
Subcategory: Car
Notification type: Safety
Mfr System: Fuel Supply
Units affected: 33605
Source of recall: Transport Canada
Identification number: 2015554TC
ID number: 2015554
Manufacturer recall number: 15S34
On certain vehicles equipped with Canister Purge Valves (CPV's),
the valve may not operate properly. This could result in pressure
changes inside the fuel tank which may result in a fatigue crack
in the upper surface of the metal fuel tank, resulting in seepage
of fuel, or fuel vapor. Fuel leakage, in the presence of an
ignition source, could lead to a fire causing injury and/or
property damage. Correction: Dealers will inspect the canister
purge valve and tank.
Make Model Model year(s) affected
---- ----- ----------------------
FORD FUSION 2010, 2011
FOREST RIVER: Recalls Surveyor Trailer 2016 Models
--------------------------------------------------
Starting date: November 19, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Safety
Mfr System: Electrical
Units affected: 4
Source of recall: Transport Canada
Identification number: 2015550TC
ID number: 2015550
On certain travel trailers, the power wire of the slide
mechanism(s) and slide rooms may have been incorrectly connected
during manufacturing. As a result, the wiring and motor do not
have over-current protection. This could result in an increase in
amperage draw, and could lead to melting of the power wire and
increase the risk of a fire causing injury and/or damage to
property. Correction: Dealers will inspect the wiring of the slide
mechanism(s), and re-wire as necessary. Anti-corrosion spray will
also be applied to the electrical connections.
Make Model Model year(s) affected
---- ----- ----------------------
FOREST RIVER SURVEYOR 2016
FOREST RIVER: Recalls Surveyor Trailers 2016 Models
---------------------------------------------------
Starting date: November 19, 2015
Type of communication: Recall
Subcategory: Travel Trailer
Notification type: Compliance
Mfr System: Label
Units affected: 11
Source of recall: Transport Canada
Identification number: 2015551TC
ID number: 2015551
On certain travel trailers, the certification, tire and loading
information labels do not contain correct tire size information.
The labels incorrectly indicate a tire size of ST225/75R15C, while
the trailers are fitted with ST205/75R14C. As a result, oversized
tires and rims may inadvertently be fitted, which may lead to poor
vehicle handling characteristics and potentially result in a crash
causing property damage and/or personal injury. Correction: Labels
will be mailed to owners along with instructions for proper
installation.
Make Model Model year(s) affected
---- ----- ----------------------
FOREST RIVER SURVEYOR 2016
GENERAL CHEMICALS: Oakland, Mich. Sues Over Price-Fixing
--------------------------------------------------------
Oakland County, Michigan, on behalf of itself and all others
similarly situated, Plaintiff, v. Frank A. Reichl, General
Chemical Corporation, General Chemical Performance Products, LLC,
Gentek, Inc., Chemtrade Logistics Income Fund, Chemtrade
Logistics, Inc., Chemtrade Chemicals Corporation, Chemtrade
Chemicals US, LLC, Geo Specialty Chemicals and John Does
1-50, Defendants, Case No. 2:15-cv-08198-SRC-CLW (D.N.J. November
20, 2015), seeks treble damages in violation of Section 1 and 3 of
the Sherman Act (15 U.S.C. 1,3).
Defendants are allegedly engaged in a conspiracy to artificially
fix, raise, maintain, and/or stabilize the prices of aluminum
sulfate in the United States. Oakland County purchased liquid
aluminum sulfate directly from the defendants at allegedly
excessive prices.
Reichl was the General Manager of Water Chemicals for General
Chemical Group, Inc., a corporation existing under the laws of
Delaware, with principal place of business at 90 East Halsey Road,
Parsippany, New Jersey.
General Chemical Corporation was a corporation existing under the
laws of Delaware with principal place of business at Suite 300,
155 Gordon Baker Road, Toronto, Ontario.
General Chemical Performance Products LLC was a limited liability
company organized under the laws of Delaware with principal place
of business at 90 East Halsey Road, Parsippany, New Jersey.
The Plaintiff is represented by:
Bruce D. Greenberg, Esq.
LITE DEPALMA GREENBERG, LLC
570 Broad Street, Suite 1201
Newark, NJ 07102
Tel: (973) 623-3000 Ext. 3820
Email: bgreenberg@litedepalma.com
- and -
Steven J. Greenfogel, Esq.
Mindee J. Rueben, Esq.
LITE DEPALMA GREENBERG, LLC
1835 Market Street - Suite 2700
Philadelphia, NJ 19103
Tel: 267-519-8306
Email: sgreenfogel@litedepalma.com
mreuben@litedepalma.com
- and -
Lesley E. Weaver, Esq.
Whitney S. Street, Esq.
BLOCK & LEVITON, LLP
520 Third Street, Suite 108
Oakland, CA 94607
Tel: (415) 968-8992
Email: LWeaver@blockesq.com
wstreet@blockesq.com
- and -
Michael P. Lehmann, Esq.
Bonny E. Sweeney, Esq.
HAUSFELD LLP
600 Montgomery Street - Suite 3200
San Francisco, CA 94111
Tel: (415) 633-1908
Email: mlehmann@hausfeld.com
bsweeney@hausfeld.com
- and -
Jaye Quadrozzi, Esq.
YOUNG & ASSOCIATES
27725 Stansbury Boulevard, Suite 125
Farmington Hills, MI 48334
Tel: (248) 353-8620
Email: efiling@youngpc.com
- and -
Keith Lerminiaux, Esq.
OAKLAND COUNTY CORPORATION COUNSEL
1200 N. Telegraph Road, Dept. 419
Pontiac, MI 48341
Tel: (248) 858-0557
Email: lerminiauxk@oakgov.com
- and -
Warren T. Burns, Esq.
BURNS CHAREST LLP
500 North Akard Street Suite 2810
Dallas, TX 75201
Tel: (469) 904-4551
GLOBAL TRANSPORT: "Cely" Action Seeks OT Pay
--------------------------------------------
Luis Cely and Ines Morales, on behalf of themselves and those
similarly situated, Plaintiffs, v. Global Transportation, Tour &
Receptive, LLC, Defendant, Case No. 6:15-cv-01983-GAP-GJK (M.D.
Fla., Orlando Division, November 20, 2015), seeks unpaid overtime
compensation, minimum wages, liquidated damages, and other relief
under the Fair Labor Standards Act, as amended, 29 U.S.C. 216(b).
Global Transportation, Tour & Receptive, LLC is based in Orange
County, Florida and is engaged in the operation of tour buses.
Plaintiffs worked as drivers.
The Plaintiff is represented by:
Matthew Gunter, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., l6th Floor
P.O. Box 4979
Orlando, FL 32802-4979
Tel: (407) 420-1414
Fax: (407) 425-8171
Email: MGunter@forthepeople.com
GT GROUP: "Pedro" Action Alleges Contaminated Products
------------------------------------------------------
Nina Pedro and Rosaline Lewis, individually and on behalf of all
others similarly situated, Plaintiffs, v. Millennium Products,
Inc., a California Corporation, doing business as GT Kombucha, GT
Synergy; George Thomas Dave, an individual, Whole Foods Market
California, Inc., and Does 1-50, inclusive, Defendants, Case No.
3:15-cv-05253-JSC (N.D. Cal., November 17, 2015), seeks damages
Consumer Legal Remedies Act, Civil Code 1750, 1770(a)(5) et seq.
Plaintiff has purchased Defendants' "kombucha" from Whole Foods,
located in San Francisco, California and claims to have
experienced, among other things, trouble breathing and increased
heart rate.
Millennium Products Inc. is a corporation organized under the laws
of the State of California, having its principal place of business
in Beverly Hills, California. They manufacture, markets and
distributes multiple types of kombucha beverages.
The Plaintiff is represented by:
Clayeo C. Arnold, Esq.
Joshua H. Watson, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL LAW CORPORATION
865 Howe Avenue
Sacramento, California 95825
Tel: (916) 777-7777
Fax: (916) 924-1829
Email: carnold@justice4you.com
jwatson@justice4you.com
- and -
John Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201N Franklin Street, Floor 7
Tampa, FL 33602-5157
Tel: (813)275-5272
Fax: (813)275-9295
Email: jyanchunis@forthepeople.com
HAWKINS INC: Metropolitan Council Suit Hits Overpriced Alum
-----------------------------------------------------------
Metropolitan Council, individually and on behalf of all others
similarly situated, Plaintiff, v. Hawkins, Inc., Frank A. Reichl,
General Chemical Corporation, General Chemical Performance
Products, LLC, GenTek, Inc., Chemtrade Logistics Income Fund,
Chemtrade Logistics, Inc., GEO Specialty Chemicals, Inc., C&S
Chemicals, Inc., USALCO, LLC, Thatcher Group, Inc., Kemira
Chemicals, Inc., and John Does 1-50, Defendants, Case No. 0:15-cv-
04303-SRN-BRT (D. Minn. December 7, 2015), seeks damages,
penalties and other monetary relief including treble damages and
injunctive relief in violation of Section 1 of the Sherman Act 15
U.S.C. and Sections 4 and 16 of the Clayton Act 15 U.S.C.
Metropolitan Council is a political subdivision of the State of
Minnesota with its principal place of business at 390 Robert
Street North, St. Paul, MN 55101. It buys alum to treat potable
water, wastewater and in lake treatment to reduce phosphorous
levels.
Defendants are allegedly engaged in a conspiracy to artificially
fix, raise, maintain, and/or stabilize the prices of aluminum
sulfate in the United States. Plaintiff purchased liquid aluminum
sulfate directly from the defendants at allegedly excessive
prices.
Reichl was the General Manager of Water Chemicals for General
Chemical Group, Inc., a corporation existing under the laws of
Delaware, with principal place of business at 90 East Halsey Road,
Parsippany, New Jersey.
General Chemical Corporation was a corporation existing under the
laws of Delaware with principal place of business at Suite 300,
155 Gordon Baker Road, Toronto, Ontario.
General Chemical Performance Products LLC was a limited liability
company organized under the laws of Delaware with principal place
of business at 90 East Halsey Road, Parsippany, New Jersey.
GenTek Inc. was a Delaware corporation with its principal place of
business in Parsippany, New Jersey. GenTek manufactured and
supplied water treatment chemicals throughout the United States.
It owned and controlled Defendants General Chemical Performance
Products LLC and General Chemical Corporation.
Chemtrade Logistics Income Fund is a limited purpose trust under
the laws of the Province of Ontario and is headquartered in
Toronto, Canada. It manufactures and markets industrial chemicals
and other coagulants used in water treatment in Canada, the United
States and Europe.
Chemtrade Logistics Inc. is a subsidiary of Chemtrade
Logistics Income Fund incorporated under the laws of the Province
of Ontario.
Chemtrade Chemicals Corporation is a Delaware corporation and is a
subsidiary of Chemtrade Logistics Income Fund.
Chemtrade Chemicals US, LLC is a Delaware limited liability
company and is a subsidiary of Chemtrade Logistics Income Fund.
Hawkins, Inc. is a publicly held Minnesota corporation with its
principal place of business at 2381 Rosegate, Roseville,
Minnesota. It blends, manufactures, and distributes various
chemical products including alum.
The Plaintiff is represented by:
W. Joseph Bruckner, Esq.
Charles N. Nauen, Esq.
Heidi M. Silton, Esq.
Elizabeth R. Odette, Esq.
Brian D. Clark, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
Suite 2200 100 Washington Avenue South
Minneapolis, MN 55401-2159
Tel: (612) 339-6900
Email: wjbruckner@locklaw.com
cnnauen@locklaw.com
hmsilton@locklaw.com
erodette@locklaw.com
bdclark@locklaw.com
- and -
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
GUSTAFSON GLUEK PLLC
120 South 6th Street #2600
Minneapolis, MN 55402
Tel: (612) 333-8844
Fax: (612) 339-6622
Email: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
HIGHLAND/SUMMERLAKE LLC: "Dunmire" Suit Seeks Overtime Pay
----------------------------------------------------------
Andrea Dunmire, Plaintiff, v. Highland/Summerlake, LLC and
Transwest Properties, Defendants, Case No. 5:15-cv-01329-D (W.D.
Okla., December 4, 2015), seeks damages in an amount equivalent to
her unpaid overtime compensation, liquidated damages and
reasonable attorney's fees in accordance to Sec. 6, 7, 16(b),
206(a), 207(a) and 211(c) of the Fair Labor Standards Act.
Plaintiff claims to have been paid only by hourly rate or salary
based upon a 40-hour workweek and did not receive any additional
compensation for hours worked in excess of 40 hour per workweek.
She alleges that the Defendant did not maintain adequate time-
keeping facilities to keep track of her work hours rendered. She
works as Assistant Manager at the Defendant's facility.
Defendants jointly own and/or operate an 896-unit multi-family
apartment building complex known as The Highlands located at 12701
N. Pennsylvania Avenue, Oklahoma City, OK 73120.
The Plaintiff is represented by:
Jeff A. Taylor, Esq.
THE OFFICES AT DEEP FORK CREEK
5613 N. Classen Blvd.
Oklahoma City, OK 73118
Tel: (405) 286-1600
Fax: (405) 842-6132
HOME DEPOT: "Diaz" Action Hits Accessibility Compliance
-------------------------------------------------------
Cristhian Diaz, on behalf of himself and all others similarly
situated, v. The Home Depot, Inc. and Home Depot U.S.A., Inc.
Defendants., Case No. 1:15-cv-09178-SAS (S.D.N.Y., November 20,
2015), seeks preliminary and permanent injunction in violation of
Americans with Disabilities Act, 42 U.S.C. 12182, et seq., N.Y.
Exec. Law 296, et seq., N.Y.C. Administrative Code 8-107, et seq.,
preliminary and permanent injunction requiring Defendants to make
its website accessible by the blind, compensatory damages
including all applicable statutory damages and fines in violation
of the civil rights under New York State Human Rights Law and City
Law and Plaintiff's reasonable attorneys' fees, expenses, and
costs of suit.
Cristhian Diaz, a blind person, alleges Home Depot's website to ne
non-compliant to mandated provisions for blind users.
The Home Depot, Inc. and Home Depot U.S.A., Inc. are American for-
profit corporation organized under the laws of Delaware with its
principal executive office at 2455 Paces Ferry Road, N.W.,
Atlanta, Georgia 30339. Defendants own and operate retail stores
that provide appliances, tools and home improvement products.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
HUNTINGTON NAT'L BANK: "Majestic" Suit Hits Alleged Forged Checks
-----------------------------------------------------------------
Majestic Building Maintenance, Inc. Plaintiff, v. Huntington
Bancshares Inc. d/b/a The Huntington National Bank, Defendant,
Case No. 2:15-cv-03023-JLG-NMK (S.D. Ohio Eastern Division,
November 20, 2015), seeks injunctive relief, treble and punitive
damages pursuant to Section 4-401 and 4-103(a) of the Uniform
Commercial Code.
The Defendant allegedly failed to apprehend unauthorized check
forgeries drawn against the Plaintiff's account.
Huntington Bancshares Inc. is a Maryland corporation with its
principal place of business in Columbus, Ohio. Huntington's
headquarters are located at Huntington Center, 41 South High
Street, Columbus, Ohio 43287 but also conducts business in Ohio,
Michigan, Pennsylvania, Indiana, West Virginia and Kentucky.
The Plaintiff is represented by:
Bridget M. Wasson, Esq.
Troy J. Doucet, Esq.
DOUCET & ASSOCIATES CO., LPA
700 Stonehenge Parkway, Suite 2B
Dublin, OH 43017
Tel: (614) 944-5219
Fax: (818) 638-5548
Email: Troy@TroyDoucet.com
Bridget@TroyDoucet.com
INFINITY PROTECTION: "Perez" Suit in Orlando Seeks OT and Wages
---------------------------------------------------------------
Richard Perez, on behalf of himself and those similarly situated,
Plaintiff, v. Infinity Protection Services, Inc. and Adrian Ellis,
Individually, Defendants., Case No. 6:15-cv-01982-ACC-DAB (M.D.
Fla. Orlando Division, November 20, 2015), seeks recovery of
minimum wages and overtime for every hour worked, pursuant to 29
U.S.C. 216(b) and 29 U.S.C. 201, et al.
Perez was an hourly paid security guard assigned to various
locations in the Company.
Defendant is a full service security company based in Orlando,
Orange County, Florida.
The Plaintiff is represented by:
Carlos V. Leach, Esq.
MORGAN & MORGAN, LLP
20 N. Orange Ave., 16th Floor
Tel: (407) 420-1414
Fax: (407) 2453341
INNOVA INTERIORS: "Hernandez" Action Seeks Payment of OT
--------------------------------------------------------
Rafael Hernandez, on behalf of himself FLSA Collective Plaintiffs
and the Class, Plaintiff, Innova Interiors, Inc. and Leonid
Natenzon, Defendants, Case No.: CV15-6948 (E.D.N.Y, December 7,
2015), seeks recovery of unpaid overtime compensation, unpaid
spread of hours premium, award of statutory penalties as a result
of Defendants' failure to comply with New York Labor Law wage
notice and wage statement requirements, liquidated and/or punitive
damages as a result of failure to pay overtime compensation
pursuant to the New York Labor Law and the Fair Labor Standards
Act, reasonable attorneys' and expert fees and statutory
penalties.
Plaintiff worked as a painter for the Defendants and claims to
regularly work a total of 60 hours per week without overtime
compensation.
Innova Interiors, Inc. is a domestic business corporation
organized under the laws of the State of New York, with principal
place of business located at 1427 27th Avenue, Astoria, NY 11102.
It owns and operates a full-service custom furniture making shop
under the trade name Innova Interiors with Leonid Natenzon as
Chairman and Chief Executive Officer.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
JAG AUTOSALES: "Martin" Suit Seeks OT, Alleges Assault/Battery
--------------------------------------------------------------
Leonardo Martin and all others similarly situated under 29 U.S.C.
216(b), Plaintiff, vs. JAG Auto Sales, Inc., Jorge Granada
Defendants, Case No. 1:15-cv-24494-JLK (S.D. Fla., December 7,
2015), seeks to recover overtime wages, unpaid minimum wages and
damages as well as reasonable attorney fees in violation under the
Fair Labor Standards Act, 29 U.S.C. and damages as a result of
physical battery and assault.
Plaintiff claims to have worked in excess of 40 hours per week
without overtime premium, thus resulting in sub-minimum hourly
rates. He also alleges Granada of assault and battery by grabbing
him by the neck, arms and hands and forcefully suppressing his
forearms into his head.
JAG Auto Sales, Inc., owned by Jorge Granada, is a Florida
corporation operating in the Dade County as an automobile sales
company.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. ZIDELL PA
300 71st Street, Suite 605
Miami Beach, FL 33141
Tel: (305) 865-6766
Fax: (305) 865-7167
Email: ZABOGADO@AOL.COM
JAMALI GROUP: "Nielsen" Action Seeks Minimum, Overtime Wages
------------------------------------------------------------
Richard Nielsen, Plaintiff, on behalf of himself and all others
similarly situated, v. Jamali NYC Gallery, LLC, Jamali, Inc.,
Jamali Gallery, LLC, and Aqdas Jamali, Defendants, Case No. 1:15-
cv-09549 (S.D.N.Y., December 7, 2015), seeks payment of minimum
and overtime wages, liquidated damages and attorney's fees in
violation of Fair Labor Standards Act, 29 U.S.C. Sec. 201 et seq.
and New York Labor Law Sec. 652 et seq.
Jamali NYC Gallery, LLC, Jamali Gallery, LLC and Jamali, Inc. are
domestic companies doing business in the art industry within the
City and State of New York. It maintains its principal place of
business at 413 West Broadway, New York, New York 10012 with Aqdas
Jamali as owner/operator.
Plaintiff worked as a gallery manager and sales associate for the
Defendants and claims to have been paid only sales commissions as
compensation.
The Plaintiff is represented by:
David C. Wims, Esq.
LAW OFFICE OF DAVID WIMS
1430 Pitkin Ave., 2nd Flr.
Brooklyn, NY 11233
Tel: (646) 393-9550
JENNY CRAIG: Sued in Cal. Over Automatic Renewal Policies
---------------------------------------------------------
Geneva Gonzales, on behalf of herself and all others similarly
situated v. Jenny Craig, Inc. and Does 1-100, Case No. BC601735
(Cal. Super. Ct., November 19, 2015) is brought on behalf of all
the consumers who enrolled in the Defendant's "Jenny All Access"
weight loss program, and whose enrollments were automatically
renewed, and charged on their credit card, or third party account.
Jenny Craig, Inc. operates a weight loss, weight management, and
nutrition company.
The Plaintiff is represented by:
Michael Louis Kelly, Esq.
Behram V. Parekh, Esq.
Heather Baker Dobbs, Esq.
KIRTLAND & PACKARD LLP
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245
Telephone: (310) 536-1000
Facsimile: (310) 536-1001
E-mail: mlk@kirtlandpackard.com
bvp@kirtlandpackard.com
hmb@kirtlandpackard.com
JR PRIMOS RESTAURANT: "Ortega" Action Seeks Recovery of OT Pay
--------------------------------------------------------------
Pedro Ortega, individually and on behalf of others similarly
situated, Plaintiff, v. JR Primos 2 Restaurant Corp. and Roberto
Valenzuela, Defendant, Case No. 1:15-cv-09183 (S.D.N.Y., November
20, 2015), seeks to recover unpaid overtime wages and damages for
any improper deductions or credits taken against wages in
violation of Fair Labor Standards Act of 1938, 29 U.S.C. 201 et
seq., New York Labor Law 190 and 650 et seq., overtime wage order
respectively codified at N.Y.C.R.R. Tit. 12 142-2.2, 2.4, and the
"spread of hours" and overtime wage orders of the New York
Commissioner of Labor codified as 12, 142-2.4(a)(2009) as well as
applicable liquidated damages, interest, attorneys' fees and
costs.
The Plaintiff worked for the Defendant as a dishwasher and
delivery personnel allegedly in excess of 40 hours per week
without receiving the applicable minimum wage or appropriate
compensation.
JR Primos 2 is a Latin American Restaurant owned by Roberto
Valenzuela located at 4986 Broadway, New York, New York 10034.
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY 10165
Tel: (212) 317-1200
KEYS PRODUCTIONS: "Dominguez" Action Seeks Unpaid Wages, OT Pay
---------------------------------------------------------------
Christina Demaria-Dominguez, individually and on behalf of all
others similarly situated, Plaintiff, v. Keys Productions Inc.,
Defendants, Case No. 4:15-cv-10224 (S.D. Fla., December 4, 2015),
seeks recovery of unpaid minimum wage, overtime pay, tips and
misappropriated fees due her as well as liquidated damages and
attorneys' fees and costs in violation of the Fair Labor Standards
Act of 1938.
Dominguez works as a dancer for the Defendant and claims to have
worked in excess of 40 hours per work week without compensation
and alleges the Defendant of not maintaining adequate time-keeping
facilities.
Defendant is a Florida corporation and operates an adult
entertainment club under the name of Red Garter Saloon.
The Plaintiff is represented by:
Chad E. Levy, Esq.
LAW OFFICES LEVY&LEVY P.A.
915 Middle River Drive, #518
Ft. Lauderdale, FL 33304
Tel: (954) 763-5722
Fax: (954) 763-5723
E-mail: chad@levylaw.com
L-3 GROUP: "Foster" Suit Hits Defective Optical Sights
------------------------------------------------------
Andrew Tyler Foster, individually and on behalf of all others
similarly situated, Plaintiffs, v. L-3 Communications Eotech, Inc.
and L-3 Communications Corp., Defendants., Case No. 6:15-cv-03519-
BCW (W.D. Mo., Southern Division, December 4, 2015), seeks damages
for fraud, breach of warranty and unjust enrichment in violation
of the Magnuson-Moss Warranty Act (15 U.S.C. Sec. 2301 et seq.)
and the Missouri Merchandising Practices Act.
Plaintiff claims to have purchased a holographic weapon sighting
device from the Defendant that allegedly fails in cold
temperatures and in humid environments.
L-3 Communications EOTech, Inc. is a Delaware corporation that
designs, manufactures, and markets holographic weapon sights with
principal place of business is at 1201 E. Ellsworth Road, Ann
Arbor, Michigan, 48108.
L-3 Communications Corp. is a Delaware corporation with its
principal place of business at 600 Third Avenue, New York, New
York, 10016.
The Plaintiff is represented by:
Craig R. Heidemann, Esq.
Nathan A. Duncan, Esq.
DOUGLAS, HAUN & HEIDEMANN, PC
1910 E. Battlefield Rd., Suite A
Springfield, MO 65804
Phone: (417) 326-5261
Fax: (417) 326-2845
Email: craig@dhhlawfirm.com
nathan@dhhlawfirm.com
LA VIE EN SZECHUAN: "Lin" Seeks Minimum, Overtime Wage Recovery
---------------------------------------------------------------
Yunjian Lin, on behalf of himself and others similarly situated
Plaintiff, v. La Vie En Szechuan Restaurant Corp. d/b/a La Vie En
Szechuan, Yi Zhang and John Wang, Defendants, Case No. 1:15-cv-
09507 (S.D.N.Y., December 4, 2015), seeks award of unpaid minimum
and overtime wages due under Fair Labor Standards Act and New York
Labor Laws, compensatory and liquidated damages under New York
Wage Theft Prevention Act, liquidated and/or punitive damages for
failure to pay the hourly minimum wage and overtime compensation
pursuant to 29 U.S.C. Sec. 216, spread of hours premium pursuant
to New York Labor Law and reasonable attorneys' fees.
La Vie En Szechuan Restaurant Corporation is a domestic business
corporation organized under the laws of the State of New York with
a principal address at 14 East 33rd Street, New York, NY 10016
where Lin worked as a chef.
The Plaintiff is represented by:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard Suite 119
Flushing, NY 11355
Tel: (718) 762-1324
Fax: (718) 762-1342
Email: johntroy@pllc.com
LION REAL: Faces "Johnson" Suit Over Failure to Pay Overtime
------------------------------------------------------------
Havena Johnson, an individual and on behalf of herself and other
current or former employees of the Defendants v. Lion Real Estate
Group, LLC, Martyn Camarillo, Andreea Tofan, Myron Tension, and
Does 1-30, inclusive, Case No. BC602249 (Cal. Super. Ct., November
24, 2015) is brought against the Defendants for failure to pay
overtime wages in violation of the California Labor Code.
Lion Real Estate Group, LLC is a real estate investment and
development firm based in Los Angeles, California.
The Plaintiff is represented by:
Steven Waisbren, Esq.
LAW OFFICES OF STEVEN WAISBREN
5850 Canoga Ave., Suite 400
Woodland Hills, CA 91367
Telephone: (818) 710-7102
Facsimile: (818)532-1214
E-mail: steve@waisbrenlaw.com
LOS ANGELES, CA: Sued Over Alleged Disability Discrimination
------------------------------------------------------------
Danessa Valentine, and all others similarly situated v. County of
Los Angeles and Does 1 through 100, inclusive, Case No. BC602184
(Cal. Super. Ct., November 24, 2015) arises out of the Defendants'
alleged discriminatory practices based on medical condition,
disability or perceived disability, or need for reasonable
accommodation.
County of Los Angeles is a legal and political entity established
under the laws of the State of California.
The Plaintiff is represented by:
Lee R. Feldman, Esq. (SBN 171628)
Hilary Rau, Esq. (SBN272415)
FELDMAN BROWNE OLIVARES
A Professional Corporation
10100 Santa Monica Blvd., Suite 2490
Los Angeles, CA 90067
Telephone: (310) 552-7812
Facsimile: (310)552-7814
E-mail: lee@leefeldmanlaw.com
hilary@leefeldmanlaw.com
- and -
David M. deRubertis, Esq.
THE DERUBERTIS LAW FIRM, APC
4219 Coldwater Canyon Avenue
Studio City, CA 91604
Telephone: (818) 761-2322
Facsimile: (818) 761-2323
E-mail: David@deRubertisLaw.com
MARCHEX INC: "Porter" Suit Seeks Damages Due to Share Price Drop
----------------------------------------------------------------
Steven Porter, individually and on behalf of all others similarly
situated, Plaintiff, v. Marchex, Inc., Russell C. Horowitz And
Michael A. Arends, Defendants, Case No. 1:15-cv-09011 (S.D.N.Y.,
November 17, 2015), seeks to recover compensable damages in
violation of the federal securities laws under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 and Rule 10b-5
promulgated.
Plaintiff purchased Marchex securities at allegedly artificially
inflated prices lost money due to the Defendants failure to
disclose material adverse facts about the Company's business,
operations, and prospects.
Marchex is a Delaware corporation headquartered in Seattle,
Washington that maintains an office at 44 East 30th Street, Floor
8, New York, New York, 10016. Marchex operates as a mobile
advertising technology company in the United States and Canada.
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
Phillip Kim, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Tel: (212) 686-1060
Fax: (212) 202-3827
Email: pkim@rosenlegal.com
lrosen@rosenlegal.com
- and -
Michael Goldberg, Esq.
GOLDBERG LAW PC
13650 Marina Pointe Dr. Suite 1404
Marina Del Rey, CA 90292
Tel: 1-800-977-7401
Fax: 1-800-536-0065
MARTHA'S COUNTRY BAKERY: "Lopez" Action Seeks OT Recovery
---------------------------------------------------------
Rafael Fidel Sanchez Lopez, on behalf of himself, FLSA Collective
Plaintiffs and the Class, Plaintiff, v. 41-06 Bell Blvd. Bakery
LLC, 70-30 Austin Street Bakery Inc., G.V.S. Bakery, Inc., George
Stertsios, Antonio Zannikos and George Doulias, Defendants, Case
No.: CV 15-6953 (E.D.N.Y, December 7, 2015), seeks recovery of
unpaid minimum wage, unpaid overtime compensation, liquidated
damages and attorneys' fees and costs pursuant to the New York
Labor Law and the Fair Labor Standards Act.
Plaintiff worked as a dishwasher and baker for the Defendants and
claims to have rendered at least 60-72 hours per work week without
overtime premium in excess of 40 hours.
Defendants own and operate three bakeries under the trade name
Martha's Country Bakery with George Stertsios, Antonio Zannikos
and George Doulias as owners and executive officers.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
MAXIM HEALTHCARE: Faces "Jackson" Suit Over Failure to Pay OT
-------------------------------------------------------------
Pamela A. Jackson v. Maxim Healthcare Services, Inc., Case No.
1:15-cv-03569-CCB (D. Md., November 24, 2015) is brought against
the Defendant for failure to pay overtime wages for work in excess
of 40 hours during a workweek.
Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.
The Plaintiff is represented by:
Jason J. Thompson, Esq.
Neil B. Pioch, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
npioch@sommerspc.com
- and -
G. Tony Atwal, Esq.
Timothy J. Becker, Esq.
JOHNSON BECKER, PLLC
33 South Sixth Street, Suite 4530
Minneapolis, MN 55402
Telephone: (612) 436-1800
E-mail: tatwal@johnsonbecker.com
tbecker@johnsonbecker.com
- and -
Robert E. De Rose, Esq.
Robi J. Baishnab, Esq.
BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
250 E. Broad St., 10th Floor
Columbus, OH 43215
Telephone: (614) 221-4221
E-mail: bderose@barkanmeizlish.com
rbaishnab@barkanmeizlish.com
- and -
Carlos Leach, Esq.
MORGAN & MORGAN, P.A.
20 North Orange Avenue, Suite 1400
Orlando, FL 32802
Telephone: (407) 420-1414
E-mail: CLeach@forthepeople.com
MAXIM HEALTHCARE: Faces "Myers" Suit Over Failure to Pay Overtime
-----------------------------------------------------------------
Joseph B. Myers v. Maxim Healthcare Services, Inc., Case No. 1:15-
cv-03572-JFM (D. Md., November 24, 2015) is brought against the
Defendant for failure to pay overtime wages for work in excess of
40 hours during a workweek.
Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.
The Plaintiff is represented by:
Jason J. Thompson, Esq.
Neil B. Pioch, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
npioch@sommerspc.com
- and -
G. Tony Atwal, Esq.
Timothy J. Becker, Esq.
JOHNSON BECKER, PLLC
33 South Sixth Street, Suite 4530
Minneapolis, MN 55402
Telephone: (612) 436-1800
E-mail: tatwal@johnsonbecker.com
tbecker@johnsonbecker.com
- and -
Robert E. De Rose, Esq.
Robi J. Baishnab, Esq.
BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
250 E. Broad St., 10th Floor
Columbus, OH 43215
Telephone: (614) 221-4221
E-mail: bderose@barkanmeizlish.com
rbaishnab@barkanmeizlish.com
- and -
Carlos Leach, Esq.
MORGAN & MORGAN, P.A.
20 North Orange Avenue, Suite 1400
Orlando, FL 32802
Telephone: (407) 420-1414
E-mail: CLeach@forthepeople.com
MAXIM HEALTHCARE: Faces "Poindexter-Peairs" Suit in Maryland
------------------------------------------------------------
Catherine Poindexter-Peairs v. Maxim Healthcare Services, Inc.,
Case No. 1:15-cv-03567-ELH (D. Md., November 24, 2015) is brought
against the Defendant for failure to pay overtime wages for work
in excess of 40 hours during a workweek.
Maxim Healthcare Services, Inc. provides in-home personal care,
management and treatment of a variety of conditions by nurses,
therapists, medical social workers, and home health aides.
The Plaintiff is represented by:
Jason J. Thompson, Esq.
Neil B. Pioch, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
npioch@sommerspc.com
- and -
G. Tony Atwal, Esq.
Timothy J. Becker, Esq.
JOHNSON BECKER, PLLC
33 South Sixth Street, Suite 4530
Minneapolis, MN 55402
Telephone: (612) 436-1800
E-mail: tatwal@johnsonbecker.com
tbecker@johnsonbecker.com
- and -
Robert E. De Rose, Esq.
Robi J. Baishnab, Esq.
BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP
250 E. Broad St., 10th Floor
Columbus, OH 43215
Telephone: (614) 221-4221
E-mail: bderose@barkanmeizlish.com
rbaishnab@barkanmeizlish.com
- and -
Carlos Leach, Esq.
MORGAN & MORGAN, P.A.
20 North Orange Avenue, Suite 1400
Orlando, FL 32802
Telephone: (407) 420-1414
E-mail: CLeach@forthepeople.com
MEDITERRANIO INC: "Amaya" Suit Seeks to Recover Unpaid Wages
------------------------------------------------------------
Elmer Obir Amaya, and all others similarly situated v.
Mediterranio Inc., dba Salvatored, Salvatore Decembrino and Maria
Escudero, Case No. 2015-027570-CA-01 (Fla. Cir., November 25,
2015), seeks to recover unpaid minimum and overtime wage
compensation, liquidated damages and costs and reasonable
attorney's fees under Fair Labor Standards Act.
The Defendants operate a restaurant in Florida.
The Plaintiff is represented by:
Edilberto O. Marban, Esq.
THE LAW OFFICES OF EDDY O. MARBAN
1600 Ponce De Leon Blvd., Suite 902
Coral Gables, FL 33134
Tel: (305) 448-9292
Fax: (305) 448-9477
E-mail: marbanlaw@gmail.com
MICROSOFT CORP: "Guarisma" Action Hits Credit Card Risk
-------------------------------------------------------
Carlos Guarisma, individually and on behalf of others similarly
situated, Plaintiff, v. Microsoft Corporation, Defendant, Case No.
1:15-cv-24326-CMA (S.D. Fla., Miami Division, November 20, 2015),
seeks statutory and punitive damages, injunctive relief,
attorneys' fees, litigation expenses and costs of suit violation
of the Fair and Accurate Credit Transactions Act amendment to the
Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. as amended.
The Plaintiff accuses the Defendant of printing sensitive credit
card information on their receipt upon purchase.
Microsoft Corporation is a Washington corporation whose principal
address is One Microsoft Way, Redmond, WA 98052 and is in the
business of personal computing products and accessories through
retail outlets across the United States.
The Plaintiff is represented by:
Bret L. Lusskin, Jr., Esq.
BRET LUSSKIN, P.A.
20803 Biscayne Blvd., Ste. 302
Aventura, FL 33180
Telephone: (954) 454-5841
Fax: (954) 454-5844
Email: blusskin@lusskinlaw.com
MSI COMPUTER: Faces "Woo" Suit Over Failure to Pay Overtime Wages
-----------------------------------------------------------------
Jennifer Woo, on behalf of herself and all others similarly
situated v. MSI Computer Corp. and Does 1 through 50, inclusive,
Case No. BC601886 (Cal. Super. Ct., November 20, 2015) is brought
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standard Act.
MSI Computer Corp. is a manufacturer of computer hardware products
and solutions.
The Plaintiff is represented by:
David Spivak, Esq.
Patrick White III, Esq.
THE SPIVAK LAW FIRM
9454 Wilshire Blvd, Suite 303
Beverly Hills, CA 90212
Telephone: (310)499-4730
Facsimile: (310)499-4739
E-mail: david@spivaklaw.com
patrick@spivaklaw.com
MY PIZZA INC: "Hernandez" Action Seeks Overtime Wages
-----------------------------------------------------
Enrique Hernandez, individually and on behalf of other similarly
situated, Plaintiff, v. My Pizza Inc., Soydan Akkum and John Doe,
Case No. 1:15-cv-09041 (S.D.N.Y., October 17, 2015), seeks
recovery of overtime wages in accordance to the Fair Labor
Standard Act of 1938, 29 U.S.C. 201, the New York Labor Law 190
and 650 et seq. and N.Y.C.R.R. Tit. 12 142-2.2.
Plaintiff was employed by the Defendants as dough preparer,
stocker and porter. Defendant allegedly failed to pay Hernandez
the required spread of hours pay for any day in which he had to
work over 10 hours per day.
My Pizza Inc. operates a pizzeria located at 1723 University
Avenue, Bronx, New York under the name "My Pizza" and is owned by
Soydan Akkum.
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 2540
New York, NY York 10165
Tel: (212) 317-1200
NAT'L METERING SERVICES: "James" Seeks Overtime Wage Recovery
-------------------------------------------------------------
Anthony James and Philip Soto, Individually and on behalf
of all other persons similarly situated, Plaintiffs, v. National
Metering Services, Inc., Joseph Castrovinci, William Castle and
John Does #1-10, Defendants, Case No. 1:15-cv-09515-RA (S.D.N.Y.,
December 4, 2015), seeks unpaid wages and unpaid overtime
compensation due and liquidated and/or punitive damages under the
Fair Labor Standards Act and the New York Labor Law and under the
laws of New York, New Jersey, Pennsylvania and/or Delaware,
statutory damages under the New York Wage Theft Prevention Act,
unpaid reimbursement of work expenses and attorney's fees.
Plaintiffs are water meter installers who claim to have worked in
excess of 40 hours per week without compensation. They also claim
to be not paid the prevailing wage rates required by government
contracts under which they worked.
National Metering Services, Inc. is a New Jersey Corporation, with
its principal place of business at 163 Schuyler Avenue, Kearny,
New Jersey 07032 with Joseph Castrovinci and William Castle as
owners.
The Plaintiff is represented by:
William C. Rand, Esq.
LAW OFFICE OF WILLIAM COUDERT RAND
501 Fifth Ave., 15th Floor
New York, New York 10017
Tel: (212) 286-1425
Fax: (212) 599-7909
NAVMAR APPLIED: "Sanchez" Action Seeks Minimum, Overtime Wages
--------------------------------------------------------------
Jose Sanchez and Jacob Gill, Plaintiffs, on behalf of themselves
and all others similarly situated, v. Navmar Applied Sciences
Corporation, Defendants, Case No. 2:15-cv-06446-MSG (E.D.PA.,
December 4, 2015), seeks payment of minimum and overtime wages,
liquidated damages and attorney's fees in violation of Fair Labor
Standards Act, 29 U.S.C. Sec. 201 et seq. and Arizona Minimum Wage
Act Sec. 23-350, et seq.
Navmar is a defense contractor based in Warminster, Pennsylvania
focusing on military avionic systems, unmanned aerial vehicles and
surveillance and imaging systems.
Plaintiffs worked as aerostat operators. They claim to have worked
in excess of 40 hours per work week without overtime compensation.
The Plaintiff is represented by:
Peter R. Rosenzweig, Esq.
KLEINBARD LLC
One Liberty Place, 46th Floor
1650 Market St.
Philadelphia, PA 19103
Tel: (267) 443-4120
Fax: (215) 568-0140
Email: prosenzweig@kleinbard.com
NESTLE WATERS: Fails to Pay for OT Work, "Robertson" Suit Claims
----------------------------------------------------------------
Adam Robertson, on behalf of himself and others similarly
situated, Plaintiff, v. Nestle Waters North America Inc., Tim
Brown, Nick Triantafell and Christie A. Fenton, Defendants, Case
No. 1:15-cv-06520 (E.D.N.Y., November 13, 2015), seeks to recover
unpaid overtime compensation, liquidated damages, prejudgment and
post-judgment interest and attorneys' fees and costs in accordance
with the Fair Labor Standards Act, 29 U.S.C. 201 et seq. and the
New York Labor Law.
Plaintiff is a former driver and delivery person employed by
Defendants, covering territories solely within the borders of the
State of New York, and almost exclusively within the County of
Kings.
Nestle Waters is a foreign business corporation organized under
the laws of the State of Delaware, with a principal place of
business at 900 Long Ridge Road, Building #2, Stamford,
Connecticut 06902 and maintains an East Division Regional Office
at 720 Belleville Turnpike, Kearny, New Jersey 07032. It has 29
bottled water facilities across the U.S. and Canada.
Tim Brown, is the Chairman, Chief Executive Officer and
President of Nestle Waters. Nick Triantafell is the Zone General
Manager, East Division. Christie A. Fenton is the Regional Human
Resources Director, East Division.
The Plaintiff is represented by:
Giustino Cilenti, Esq.
CILENTI & COOPER, PLLC
708 Third Avenue - 6th Floor
New York, NY 10017
Tel: (212) 209-3933
Fax: (212) 209-7102
NITRO FLUIDS: "Niemann" Action Seeks to Recover Overtime
--------------------------------------------------------
Jole Niemann, individually and on behalf of all others similarly
situated, Plaintiff, v. Nitro Fluids, LLC, Defendant, Case No.
2:15-cv-00489 (S.D. Tex., Corpus Christi Division, December 4,
2015), seeks to recover back wages, liquidated damages equal in
amount to unpaid compensation and attorney's fees under Section
216(b) of the Fair Labor Standards Act.
Nitro Fluids LLC is a provider of oilfield services based in
Nordheim, Texas. It serves drilling and production sites
throughout the State of Texas.
Niemann worked for Nitro as an operator and claims to have worked
in excess of 40 hours per work, usually around 84 hours a week,
without overtime premium.
The Plaintiff is represented by:
Clif Alexander, Esq.
Austin W. Anderson, Esq.
PHIPPS ANDERSON DEACON LLP
819 N. Upper Broadway
Corpus Christi, TX 78401
Tel: (361) 452-1279
Fax: (361) 452-1284
Email: calexander@phippsandersondeacon.com
aanderson@phippsandersondeacon.com
OHIO STATE UNIVERSITY: "Smith" Suit Removed to S. Dist. Ohio Ct.
----------------------------------------------------------------
The class action lawsuit styled Deanna Smith and Harmoni Sauder,
individually and on behalf of all others similarly situated v. The
Ohio State University, Case No. 201500919, was removed from the
Ohio Court of Claims to the U.S. District Court Southern District
of Ohio. The District Court Clerk assigned Case No. 2:15-cv-03030-
GCS-EPD to the proceeding.
The case asserts claims for violation of the Fair Credit Reporting
Act.
The Ohio State University is a public research university in
Columbus, Ohio.
The Plaintiff is represented by:
Katherine Connor Ferguson, Esq.
KOOPERMAN GILLESPIE MENTEL
100 S. 4th Street, Suite 100
Columbus, OH 43215
Telephone: (614) 344-4840
E-mail: kferguson@kgmlaw.com
The Defendant is represented by:
Robert Neal Webner, Esq.
VORYS SATER SEYMOUR AND PEASE LLP
52 E Gay Street, PO Box 1008
Columbus, OH 43216-1008
Telephone: (614) 464-8243
Facsimile: (614) 719-5083
E-mail: RNWebner@vssp.com
- and -
Lee Ann Rabe, Esq.
Randall William Knutti, Esq.
OHIO ATTORNEY GENERAL'S OFFICE
150 East Gay Street, 18th Floor
Columbus, OH 43215
Telephone: (614) 728-6096
Facsimile: (614) 644-9185
E-mail: LeeAnn.Rabe@ohioattorneygeneral.gov
randall.knutti@ohioattorneygeneral.gov
- and -
Martha Brewer Motley, Esq.
VORYS, SATER, SEYMOUR & PEASE LLP
52 E. Gay St.
Columbus, OH 43216-1008
Telephone: (614) 464-5626
E-mail: mcbrewer@vorys.com
PROCTER & GAMBLE: "Garcia" Action Hits Under Filled Detergents
--------------------------------------------------------------
Johana Garcia, Janie Morales and Shuting Huang, on behalf of
themselves and others similarly situated, Plaintiffs, v. The
Procter & Gamble Company, Case No. 1:15-cv-09174 (S.D. Fla.,
November 20, 2015), seeks compensatory and punitive damages in
violation of New York Deceptive Acts and Practices Act, N.Y. Gen.
Bus. Law 349, et seq., California Consumer Legal Remedies Act,
Cal. Civ. Code 1750, et seq., California's Unfair Competition Law,
Cal. Bus. & Prof Code 17200, et seq. and Florida Deceptive and
Unfair Trade Practices Act, Fla. Stat. Ann. 501.201, et seq.
Plaintiffs allege that they have purchased under filled detergent
bottles.
Procter & Gamble Distributing LLC is a corporation organized under
the laws of Ohio with its headquarters at 1 Proctor and Gamble
Plaza, Cincinnati, Ohio 45202.
The Plaintiff is represented by:
C .K. Lee, Esq.
Anne Seelig, Esq.
Shah Shah Zheng, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Te1: (212) 465-1188
Fax: (212) 465-1181
QLESS INC: "Herrick" Action Hits Texting Scam
---------------------------------------------
John Herrick, individually and as the representative of a class of
similarly-situated persons, Plaintiff, v. QLESS, Inc., Defendant,
Case No. 5:15-cv-14092-JEL-MKM (E.D. Mich., November 20, 2015),
seeks statutory damages and injunctive relief in violation the
Telephone Consumer Protection Act, 47 U.S.C. 227.
Defendant allegedly engaged in the transmission of unauthorized
advertisements in the form of text messages to the cellular
telephones of consumers throughout the nation. QLESS is a Delaware
corporation with its principal place of business in Pasadena,
California. It provides services to industries such as retail,
healthcare, and municipalities to manage the wait time for their
customers waiting to be served.
The Plaintiff is represented by:
Phillip A. Bock, Esq.
Tod A. Lewis, Esq.
James M. Smith, Esq.
BOCK & HATCH, LLC
134 N. La Salle St., Ste 1000
Chicago, IL 60602
Tel: (312) 658-5500
Fax: (312) 658-5555
Email: phil@bockhatchllc.com
- and -
Mark K. Wasvary, Esq.
MARK K. WASVARY, P.C.
2401 W. Big Beaver Rd., Suite 100
Troy, MI 48084
Tel: (248) 649-5667
Email: markwasvary@hotmail.com
RAY CATNMACK: Sued Over Failure to Pay Minimum & Overtime Wages
---------------------------------------------------------------
Jose Moya, individually and on behalf of all others similarly
situated v. Ray Catnmack Shows, Inc., Guy W. Leavitt, Trinity
Concessions LLC, Joy Leavitt Pickett, Ben Pickett, and Doe One
through and including Doe Ten, Case No. BC601897 (Cal. Super. Ct.,
November 20, 2015) is brought against the Defendants for failure
to pay minimum and overtime wages in violation of the California
Labor Code.
The Defendants are in the business of providing carnival
entertainment.
The Plaintiff is represented by:
Briana M. Kim, Esq.
BRIANA KIM, PC
249 East Ocean Boulevard, Suite 814
Long Beach, CA 90802
Telephone: (714) 482-63011
Facsimile: (714) 482-6302
E-mail: briana@brianakim.com
RICOLA USA: "Minker" Action Hits Misleading Labels
--------------------------------------------------
Timothy Minker, Valerie Liu and John Does 1-100, on behalf of
themselves and others similarly situated, Plaintiffs, v. Ricola
USA, Inc., Defendant, Case No. 1:15-cv-09014-RA (S.D.N.Y.,
November 17, 2015), seeks to recover compensatory and punitive
damages in violation of the Federal Food Drug & Cosmetic Act
Section 403(a)(1) (21 U.S.C. 343(a)(1)) and New York's Deceptive
Acts or Practices Law, Gen. Bus. Law 349.
Defendant allegedly misleads consumers by its marketing campaign
starting with its unsubstantiated and well-promoted naturalness
claims. They manufacture throat drops under Ricola Herb Drop
Products.
Ricola USA, Inc. is a company organized under the laws of the
State of New Jersey with a principle place of business located at
6 Campus Dr. 2nd Floor South, Parsippany, NJ 07054.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
RITE AID: Faces "Mortman" Suit Over Proposed Sale to Walgreens
--------------------------------------------------------------
Frederick Mortman, individually and on behalf of all others
similarly situated v. Rite Aid Corporation, et al., Case No. 11725
(Del. Ch. Ct., November 19, 2015) is brought on behalf of all the
public stockholders of Rite Aid Corporation, to enjoin a proposed
transaction announced on October 27, 2015, pursuant to which Rite
Aid will be acquired by Walgreens Boots Alliance, Inc., through a
flawed process and inadequate consideration.
Rite Aid Corporation operates a drugstore chain that sells
prescription drugs and a range of other merchandise.
Walgreens Boots Alliance, Inc. is the largest drug retailing chain
in the United States.
The Plaintiff is represented by:
Blake A. Bennett, Esq.
COOCH AND TAYLOR, P.A.
The Brandywine Building
1000 West Street, 10th Floor
Wilmington, DE 19801
Telephone: (302) 984-3800
E-mail: bbennett@coochtaylor.com
- and -
Joshua M. Lifshitz, Esq.
Edward W. Miller, Esq.
LIFSHITZ & MILLER
821 Franklin Avenue
Garden City, NY 11530
Telephone: (516) 493-9780
Facsimile: (516) 280-7376
E-mail: jml@jlclasslaw.com
ROADRUNNER TRANSPORT: "Lyndes" Action Hits Share Price Drop
-----------------------------------------------------------
Darlene Lyndes, individually and on behalf of all others similarly
situated, Plaintiff, v. Roadrunner Transportation Systems, Inc.,
Mark A. Diblasi, Peter R. Armbruster and Scott D. Rued,
Defendants, Case No. 1:15-cv-06601 (E.D.N.Y., November 17, 2015),
seeking to recover compensable damages caused by Defendants'
violations of Sections 10(b) and 20(a) of the Exchange Act (15
U.S.C. 78j(b) and 78t(a)) and Rule 10b-5 promulgated hereunder (17
C.F.R. 240.10b-5).
Plaintiff purchased Roadrunner securities and lost substantially
when share prices dropped due to alleged corrective disclosure of
pertinent fiscal information.
Defendant Roadrunner provides asset-light transportation and
logistics services. Roadrunner is a Delaware corporation
headquartered in Cudahy, Wisconsin, and maintains an office at 46-
60 55th Ave, Maspeth, New York 11378.
Mark A. DiBlasi has served as the Company's President and Chief
Executive Officer.
Peter R. Armbruster has served as the Company's Chief Financial
Officer.
Scott D. Rued has served as the Company's Chairman of the Board.
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
Phillip Kim, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Tel: (212) 686-1060
Fax: (212) 202-3827
Email: pkim@rosenlegal.com
lrosen@rosenlegal.com
- and -
Michael Goldberg, Esq.
GOLDBERG LAW PC
13650 Marina Pointe Dr. Suite 1404
Marina Del Rey, CA 90292
Tel: 1-800-977-7401
Fax: 1-800-536-0065
ROUNDY'S INC: Faces "Ginsburg" Suit Over Proposed Sale to Kroger
----------------------------------------------------------------
Jerry Ginsburg, on behalf of himself and all others similarly
situated v. Roundy's, Inc., et al., Case No. 11730 (Del. Ch. Ct.,
November 19, 2015) is brought on behalf of all the public
stockholders of Roundy's, Inc., to enjoin a proposed transaction
to which Roundy's will be acquired by The Kroger Co., through a
flawed process and inadequate consideration.
Roundy's, Inc. is a large supermarket chain and a leading grocer
in the Midwest.
The Kroger Co. operates a supermarket chain throughout the United
States.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
ROYAL IMEX: Sued Over Failure to Pay Minimum & Overtime Wages
-------------------------------------------------------------
Scott Kye and Moes 1 through 1,000, individually, and on behalf of
all others similarly situated v. Jin Chul Jhung, Royal Imex, Inc.
and Does 1 through 25, inclusive, Case No. BC601852 (Cal. Ch. Ct.,
November 23, 2015) is brought against the Defendants for failure
to pay minimum and overtime wages in violation of the California
Labor Code.
The Defendants own and operate a wig shop located at 12605 Clark
St, Santa Fe Springs, CA 90670.
The Plaintiff is represented by:
Robert W. Skripko Jr., Esq.
LAW OFFICE OF ROBERT W. SKRIPKO, JR., APLC
1323 N. Broadway, 2nd Floor
Santa Ana, CA 92706
Telephone: (714) 543-6200
Facsimile: (714) 543-6140
- and -
Peter I. Beck, Esq.
PETER BECK, APLC
3580 Wilshire Blvd., 17th Floor
Los Angeles, CA 90010
Telephone: (213) 637-0120
Facsimile: (213) 637-0246
SCHLUMBERGER TECH: "Olgin" Suit Seeks Minimum, OT Wage Recovery
---------------------------------------------------------------
Martin Olgin, individually and on behalf of all others similarly
situated, Plaintiff, v. Schlumberger Tech. Corp. Defendant., Case
No. 1:15-cv-01066-WPL-CG (D.N.M., November 20, 2015), seeks
recover unpaid overtime wages and other damages under the Fair
Labor Standards Act, 29 U.S.C. 201 et seq. and the New Mexico
Minimum Wage Act, NMSA Sec. 50-4-19 et seq.
Plaintiff was employed by Defendant in the oilfield, performing
manual labor job duties surrounding the operation of flow-back
related equipment for oil and gas service companies. He incurred
substantial overtime without compensation, usually rendering 84
hours or more per work week.
Schlumberger Tech. Corp. provides a wide variety of oil and gas
services to its clients across the United States.
The Plaintiff is represented by:
Justin R. Kaufman, Esq.
Rosalind B. Bienvenu, Esq.
HEARD ROBINS CLOUD, LLP
505 Cerrillos Road, Suite A209
Santa Fe, NM 87501
Tel: (505) 986-0600
Fax: (505) 986-0632
Email: jkaufman@heardrobins.com
rbienvenu@heardrobins.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Lindsay R. Itkin, Esq.
FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON
1150 Bissonnet St.
Houston, TX 77005
Tel: (713) 751-0025
Fax: (713) 751-0030
Email: mjosephson@fibichlaw.com
litkin@fibichlaw.com
adunlap@fibichlaw.com
- and -
Richard J. Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, Texas 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
SCOTTRADE INC: "Martin" Suit Hits Data Breach
---------------------------------------------
Angela Martin, individually and on behalf of all others similarly
situated, Plaintiff, v. Scottrade, Inc., Defendant, Case No. 8:15-
cv-02791-SCB-EAJ (M.D. Fla., Tampa Division, December 4, 2015),
seeks actual, monetary and punitive damages, including attorneys'
fees as provided by the Florida Deceptive and Unfair Trade
Practices Act and other applicable State Consumer Fraud Acts.
Scottrade announced that hackers gained access to customers'
names, addresses, Social Security numbers, employer information,
and tax identification numbers. Plaintiff received notice from the
Defendant that her personal and financial information had indeed
been hacked on October 7, 2015.
The Defendant is a Missouri corporation with its principal place
of business in St. Louis, Missouri. It is a discount retail
brokerage firm, providing services both online and through its 503
branch offices to millions of customers throughout Florida and the
United States. Its services include brokerage services, banking
services, investment education, and online trading platforms.
The Plaintiff is represented by:
Karen Hanson Riebel, Esq.
Kate M. Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Tel: (612) 339-6900
Fax: (612) 339-0981
Email: khriebel@locklaw.com
kmbaxter-kauf@locklaw.com
- and -
Geoffrey Parmer, Esq.
Andy Dogali, Esq.
DOGALI LAW GROUP, P.A.
101 East Kennedy Blvd., Suite 1100
Tampa, FL 33602
Tel: (813) 289-0700
Fax: (813) 289-9435
Email: gparmer@dogalilaw.com
adogali@dogalilaw.com
SELECT COMFORT: "Azimpour" Suit Hits Discount Price Confusion
-------------------------------------------------------------
Saeid Azimpour, individually and on behalf of all others similarly
situated, Plaintiff, v. Select Comfort Corporation, Defendants,
Case No. 0:15-cv-04296 (D. Minn., December 4, 2015), seeks
damages, restitution and disgorgement of Defendants' revenues to
Plaintiff, declaratory, injunctive and other equitable relief as
well as attorneys' fees and costs in violation of the Minnesota
Prevention of Consumer Fraud Act Sec. 325F.68, et seq., Unlawful
Trade Practices Act Sec. 325D.09 et seq., Uniform Deceptive Trade
Practices Act 325D.43, False Statement in Advertising Act Sec.
325F.67, Unfair Competition Law - Fraudulent Acts, Unlawful Acts
and Unfair Acts, California False Advertising Law and the Consumer
Legal Remedy Act.
The Defendant allegedly inflated the original price of its
products and applied a discount resulting in false sale. Azimpour
purchased a pillow at one of Defendant's retail locations in San
Diego, California for $48.59 at a purported advertised discount of
50% off a regular purchase price of $89.99. Plaintiff believed he
was saving $45.00, and his receipt identified his discount as
$45.00.
Select Comfort is headquartered and incorporated in Minnesota and
maintains its principal executive offices in Minneapolis,
Minnesota. Defendant distributes and sells mattresses and other
sleep and bedroom related accessories.
The Plaintiff is represented by:
Karen Hanson Riebel, Esq.
Eric N. Linsk, Esq.
Kate M. Baxter-Kauf, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
Suite 2200 100 Washington Avenue South
Minneapolis, MN 55401-2159
Tel: (612) 339-6900
- and -
Joseph P. Guglielmo, Esq.
Erin G. Comite, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
The Chrysler Building
405 Lexington Avenue, 40th Floor
New York, NY 10174
Tel: (212) 223-6444
Fax: (212) 223-6334
- and -
Gary F. Lynch, Esq.
Edwin J. Kilpela, Jr., Esq.
CARLSON LYNCH SWEET & KILPELA, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Tel: (412) 253-6307
- and -
Todd D. Carpenter, Esq.
CARPENTER LAW GROUP
402 West Broadway, 29th Floor
San Diego, California 92101
Tel: (619) 756-6994
Fax: (619) 756-6991
SERENITY SPA NY: "Benavides" Action Seeks to Recover OT, Wages
--------------------------------------------------------------
Gloria Benavides, on behalf of herself, FLSA Collective Plaintiffs
and the Class, Plaintiff, Serenity Spa NY Inc. and Yu Qun Dai,
Defendants, Case No. 15-CV-9189 (S.D.N.Y., November 20, 2015),
seeks to recover unpaid minimum wage, unpaid overtime
compensation, unpaid spread of hours premium, statutory penalties,
liquidated damages and attorneys' fees and costs in violation of
the Fair Labor Standard Act 29 U.S.C. 201 et seq. and New York
Labor Law as well as compensatory damages for emotional distress,
punitive damages and attorneys' fees and costs as a result of
unlawful discrimination practices in violation of the New York
State Human Rights Law, New York Executive Law 296 and New York
City Human Rights Law, Administrative Code of the City of New York
8-502.
Serenity Spa NY Inc. is a domestic business corporation organized
under the laws of the State of New York, with a principle place of
business and an address at 1397 Third Avenue, New York, New York
10075. It operates under the name "Serenity Spa NY." Yu Qun Dai is
an owner and senior executive officer.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
SERVICE BY MEDALLION: Sued Over Failure to Pay Overtime Wages
-------------------------------------------------------------
Gerardo Castellanos, individually and on behalf of all others
similarly situated v. Service by Medallion and Does 1 through 100,
Case No. 115CV288369 (Cal. Super. Ct., November 23, 2015) is
brought against the Defendants for failure to pay overtime wages
in violation of the Fair Labor Standard Act.
Service by Medallion is a building services management company
that offers janitorial and maintenance supplies, facilities
temporary staffing, tenant improvement, building repair and
maintenance, construction cleanup, floor and carpet care and
window cleaning.
The Plaintiff is represented by:
Ronald W. Makarem, Esq.
Randi Thompson, Esq.
MAKAREM & ASSOCIATES APLC
11601 Wilshire Boulevard, Suite 2440
Los Angeles, CA 90025-1760
Telephone: (310) 312-0299
Facsimile: (310) 312-0296
E-mail: makarem@law-rm.com
thompson@law-rm.com
- and -
Michael H. Kim, Esq.
Melanie Massey, Esq.
MICHAEL H. KIM, P.C.
475 El Camino Real, Suite 309
Millbrae, CA 94030
Telephone: (650) 697-8899
Facsimile: (650) 697-8896
E-mail: michaelkimapc@gmail.com
SMARTPROS LTD: Faces "Brieske" Suit Over Proposed Sale to Kaplan
----------------------------------------------------------------
Robert Brieske, individually and on behalf of all others similarly
situated v. Smartpros Ltd., et al., Case No. 11743 (Del. Ch. Ct.,
November 23, 2015) is brought on behalf of all the public
stockholders of SmartPros Ltd., to enjoin a proposed
transaction to which SmartPros will be acquired by Kaplan, Inc.
through a flawed process and inadequate consideration.
Smartpros Ltd. is a provider of accredited professional education
and training to Fortune 500 companies, as well as the major firms
and associations in its professional markets.
Kaplan, Inc. is a global education services company and the
largest subsidiary of Graham.
The Plaintiff is represented by:
Seth D. Rigrodsky, Esq.
Brian D. Long, Esq.
Gina M. Serra, Esq.
Jeremy J. Riley, Esq
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Telephone: (302) 295-5310
E-mail: sdr@rl-legal.com
bdl@rl-legal.com
gms@rl-legal.com
jjr@rl-legal.com
- and -
Katharine M. Ryan, Esq.
Richard A. Maniskas, Esq.
RYAN & MANISKAS, LLP
995 Old Eagle School Road, Suite 311
Wayne, PA 19087
Telephone: (484) 588-5516
E-mail: kryan@rmclasslaw.com
rmaniskas@rmclasslaw.com
SOUTHERN CALIFORNIA: Litigation Pending Over Porter Ranch Gas Leak
------------------------------------------------------------------
Brenda Gazzar, writing for Los Angeles Daily News, reports that
Southern California Gas Co. acknowledged five years ago that it
operated leaking wells in Aliso Canyon and received a ratepayer
increase to upgrade them in 2013 but failed to replace safety
valves on its gas injection wells, attorneys representing Porter
Ranch families argued on Jan. 3.
The criticism was lobbed as the community activist group Save
Porter Ranch and others pushed for the state to issue an emergency
order that would require SoCal Gas to stop all injections in the
oil field that houses the Aliso Canyon Storage Facility. A Dec. 1
letter to state officials including State Oil and Gas Supervisor
Steve Bohlen, argued that the state's Division of Oil, Gas and
Geothermal Resources "should have issued such an order weeks ago."
The massive gas well failure, which has forced more than 2,200
households to relocate to temporary housing, would likely have
been prevented with the right safety measures in place, argued
attorney Patricia Oliver of the R. Rex Parris Law Firm, one of
several firms representing hundreds of families in lawsuits
against the gas company.
The well leak in the company's 3,600-acre Aliso Canyon Storage
Facility, a sandstone formation under the Santa Susana Mountains
that forms the San Fernando Valley's northern border, is now in
its 11th week. About 1,200 tons of methane are estimated to be
spewing into the air each day, according to the California Air
Resources Board. More than 1,200 families are still in the process
of relocating, according to SoCal Gas.
A class-action lawsuit, amended Dec. 29, alleges that SoCal Gas
did not follow laws protecting the community when it decided to
inject the well. It also alleges that a safety valve was either
removed or failed, resulting in the massive leak of natural gas
mixed with other chemicals such as benzene and gases such as
hydrogen sulfide, sulfur dioxide and methane.
At a Dec. 29 meeting with the Porter Ranch Community Advisory
Committee, SoCal Gas admitted that new and replacement wells do
not have safety valves, said environmentalist lawyer Robert
Kennedy Jr., in a statement. The admission came about five years
after the gas company requested regulatory permission to increase
rates to replace the leaking valves at one of the largest storage
facilities in the nation, he said.
"There is no safety mechanism to protect the public at all from
the gas injection wells in Porter Ranch," Ms. Oliver said in an
interview on Jan. 3. "The safety valve that should have been at
the bottom of the well to prevent (the gas) from migrating up is
not present in the wells. . . . All they had to do was keep a
safety valve in place on that well. This massive release of
methane shouldn't have happened."
A SoCal Gas spokeswoman, who said she was constrained by pending
litigation, confirmed that the leaking well did not have a deep
subsurface valve. However, she said the Division of Oil, Gas and
Geothermal Resources "does not require that these types of valves
be installed in wells such as" the one that failed.
The Division of Oil, Gas and Geothermal Resources and the
California Public Utilities Commission's Safety Enforcement
Division are overseeing an expert consulting firm that will
conduct an independent analysis of the well and the root causes of
the incident, said SoCal Gas spokeswoman Melissa Bailey in an
email.
"Until the facts are determined and this assessment is completed,
it is premature to comment further on the well or the cause of the
incident," she said. "In the interim, SoCal Gas will continue to
focus its efforts on stopping the leak as soon as possible."
In an interview in December with LA Weekly, Rodger Schwecke of
SoCal Gas said the well's safety valve was removed in 1979 because
it was old and leaking. He said it was also not easy to find a
new part so the company never replaced the valve, which was not
considered a critical well because it was not within 100 feet of a
road or a park or within 300 feet of a home.
In Dec. 2010, former SoCal Gas employee James Mansdorfer testified
before the California Public Utilities Commission that many
valves, including safety valves, in the Aliso Canyon storage field
"are leaking and new ones cost less than or equal to the cost of
repair." A $898,000 proposal was made to replace about 5 percent
of the larger field valves every year, according to a CPUC
document.
In November 2014, the utility said in a state regulatory filing
that it needed funds to inspect and repair old wells at the Aliso
Canyon site on a more systematic basis and warned of heightened
risks under its current inspection regime.
"Without a new inspection plan, SoCal Gas and customers could
experience major failures and service interruptions from potential
hazards that currently remain undetected," SoCal Gas Director of
Storage Operations Phillip Baker wrote.
In written testimony to the state regulatory agency, Baker hinted
at major leakage problems underground and said the company needed
to invest in inspection, maintenance and repairs. That 2014
proposal, which would require a rate increase, is still pending
before state regulators. A state official said it didn't appear
that the utility violated any regulations.
Meanwhile, the amount of methane being released decreased in
December though the leak rate is expected to vary as attempts are
made to stop the leak, according to the state's Air Resources
Board.
Following several unsuccessful attempts to plug the leak, drilling
continues to construct a relief well designed to intercept the
leaking well at more than 8,500 feet below the surface. SoCal Gas
officials have said stopping the leak could take as long as March.
STANDARD GENERAL: "Vaughan" Suit Alleges Breach of Fiduciary Duty
-----------------------------------------------------------------
Kenneth Vaughan, and all others similarly situated v. Standard
General L.P., Standard General Master Fund L.P. , and P Standard
General Ltd., Case No. 653918 (N.Y. Sup., November 25, 2015), is
brought against the Defendants for breaches of fiduciary duties
and unjust enrichment.
The Defendants are New York-based investment firms that manage
event-driven opportunity funds.
The Plaintiff is represented by:
Robert I. Harwood, Esq.
HARWOOD FEFFER LLP
488 Madison Avenue, 8th Floor
New York, NY 10022
Tel: (212) 935-7400
Fax: (212) 753-3630
STATLER GRILL: "Mera" Action Seeks Minimum, Overtime Wages
----------------------------------------------------------
Danilo Mera, on behalf of himself, FLSA Collective Plaintiffs
and the Class, Plaintiff, v. 33rd Restaurant Group Inc. D/B/A
Statler Grill, Vincent Polsinelli, Leonard Passarelli and Joseph
Lavelle, Defendants, Case No. 1:15-cv-09501 (S.D.N.Y., December 4,
2015), seeks unpaid minimum wages, unpaid overtime and spread of
hours premium as well as liquidated damages and attorneys' fees
and costs under the Fair Labor Standards Act and the New York
Labor Law.
33rd Restaurant Group Inc. is a domestic business corporation
organized under the laws of the State of New York with an address
for service located at 401 Seventh Avenue, New York, NY 10022 and
principal place of business located at 136 West 33rd Street, New
York, NY 10001 with Vincent Polsinelli as owner and Chief
Executive Officer and Leonard Passarelli and Joseph Lavelle as
principals.
The Defendants operate a steak house under the trade name Statler
Grill located at 136 West 33rd Street, New York, NY 10001.
Mera was worked as a waiter and runner for Statler Grill steak
house. He worked for a total of 45 hours per week and was paid a
base hourly rate of $5.00 per hour including hours worked over 40
per workweek and was never paid the required overtime premiums.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
SUDDATH RELOCATION: Fails to Pay Employees OT, "Garcia" Suit Says
-----------------------------------------------------------------
Rosendo Garcia, on behalf of himself and all others similarly
situated v. Suddath Relocation Systems of Texas, Inc., Case No.
3:15-cv-03801-N (N.D. Texas, November 24, 2015) is brought against
the Defendant for failure to pay overtime wages for work in excess
of 40 hours per week.
Suddath Relocation Systems of Texas, Inc. offers moving,
transportation, warehousing and logistics services to companies
throughout the United States.
The Plaintiff is represented by:
J. Derek Braziel, Esq.
J. Forester, Esq.
LEE & BRAZIEL, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Telephone: (214) 749-1400
Facsimile: (214) 749-1010
E-mail: Info@L-B-Law.com
SUN & SURF BEACH CLUB: "Palazzolo" Seeks OT and Minimum Wage
------------------------------------------------------------
Mary Palazzolo and Megan McNamara, on behalf of themselves and
others similarly situated, Plaintiffs, v. Sun & Surf Beach Club
Inc., Joe Bertucci and Jack Hubbard, Defendants, Case No. 2:15-cv-
06691 (E.D.N.Y., November 20, 2015), seeks to recover minimum
wages and overtime pay, liquidated, compensatory and punitive
damages, unpaid spread-of-hours pay, back and front pay attorneys'
fees, litigation expenses and costs of suit in violation of the
Fair Labor Standards Act, 29 U.S.C. 216(b), New York State Labor
Law Article 6, 190 et seq. and Article 19, 650 et seq.
Sun & Surf Beach Club Inc. is corporation incorporated under the
laws of the State of New York with principal place of business at
2189 Atlantic Blvd., Atlantic Beach, NY 11509. It is a premier
private beach club located in Nassau County. Joe Bertucci and Jack
Hubbard served as managers of the resort.
The Plaintiff is represented by:
Joseph Nohavicka, Esq.
PARDALIS AND NOHAVICKA, LLP
3510 Broadway, Suite 201
Astoria, NY 11106
Tel: (718) 777-0400
Fax: (718) 777-0599
SUNEDISON INC: "Horowitz" Suit Alleges Exchange Act Violation
-------------------------------------------------------------
Dina Horowitz, and all others similarly situated v. SunEdison,
Inc., Ahmad Chatila and Brian Wuebbels, Case No. 4:15-cv-01769
(E.D. Mo., November 30, 2015), ), seeks damages against the
Defendants for alleged violation of the Securities Exchange Act of
1934.
This is a class action on behalf of purchasers of publicly traded
common stock of SunEdison between June 16, 2015 and October 6,
2015, inclusive.
SunEdison is a diversified developer of wind and solar energy
projects, having developed over 1,300 solar and wind projects in
20 countries.
Defendant Ahmad Chatila has been President and CEO of SunEdison
since March 2009.
Defendant Brian Wuebbels has been Executive Vice President,
Chief Administration Officer, and Chief Financial Officer of
SunEdison since 2012.
The Plaintiff is represented by:
James J. Rosemergy, Esq.
CAREY DANIS & LOWE
8235 Forsyth, Suite 1100
Saint Louis, MO 63105
Tel: (314) 725-7700
Fax: (314) 721-0905
E-mail: jrosemergy@careydanis.com
- and -
Mark C. Gardy, Esq.
GARDY & NOTIS, LLP
Tower 56
126 East 56th Street, 8th Floor
New York, NY 10024
Tel: (212) 905-0509
Fax: (212) 905-0508
SUPERIOR PERFORMANCE: "Allen" Action Seeks to Recover OT
--------------------------------------------------------
Gary Allen, individually and on behalf of all others similarly
situated, v. Superior Performance, Inc., Defendant., Case No.
2:15-cv-00469 (S.D. Tex., Corpus Christi Division, October 17,
2015), is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act,
29 U.S.C. 216(b).
Plaintiff allegedly never received overtime pay for work performed
in excess of 40 hours in a week.
Superior Performance, Inc. is based in 660 W. FM 2410, Harker
Heights, Texas 76548 and is into inspection and operation of
drilling related equipment for oil and gas service companies.
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Lindsay R. Itkin, Esq.
Andrew W. Dunlap, Esq.
Jessica M. Bresler, Esq.
FIBICH, LEEBRON, COPELAND, BRIGGS & JOSEPHSON
1150 Bissonnet
Houston, TX 77005
Tel: (713) 751-0025
Fax: (713) 751-0030
Email: mjosephson@fibichlaw.com
litkin@fibichlaw.com
adunlap@fibichlaw.com
jbresler@fibichlaw.com
- and -
Richard J. Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
Email: rburch@brucknerburch.com
TALGOOD ENTERPRISES: Sued Over Failure to Pay Overtime Wages
------------------------------------------------------------
Beatriz Almeida Garcia & Helen Jones, individually and on behalf
of all others similarly situated v. Talgood Enterprises, LLC d/b/a
Senior Helpers, & Talgood Enterprises II, LLC, Case No. 9:15-cv-
81613-BB (S.D. Fla., November 24, 2015) is brought against the
Defendant for failure to pay overtime wages in violation of the
Fair Labor Standard Act.
Talgood Enterprises, LLC provides healthcare services to patients
both inside and outside patients' private homes.
The Plaintiff is represented by:
Gregg L Shavitz, Esq.
SHAVITZ LAW GROUP, P.A.
1515 South Federal Highway, Suite 404
Boca Raton, FL 33432
Telephone: (561) 447-8888
Facsimile: (561) 447-8831
E-mail: gshavitz@shavitzlaw.com
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Michael J. Palitz, Esq.
SHAVITZ LAW GROUP, P.A.
830 3rd Avenue, 5th Floor
New York, NY 10022
Telephone: (800) 616-4000
Facsimile: (561) 447-8831
E-mail: mpalitz@shavitzlaw.com
THERMA SEAL: "Echeverria" Suit Alleges FLSA Violation
-----------------------------------------------------
Felix Echeverria, and all others similarly situated v. Therma Seal
Insulation Systems, Inc. and James Finck, Case No. 1:15-cv-24415
(S.D. Fla., November 30, 2015), seeks to recover monetary damages,
liquidated damages, interests, costs and attorney's fees for
Defendants' violations under the Fair Labor Standards Act.
The Defendants operate a company that installs insulation.
The Plaintiff is represented by:
Daniel T. Feld, Esq.
LAW OFFICE OF DANIEL T. FELD, P.A.
20801 Biscayne Blvd., Suite 403
Aventura, FL 33180
Tel: (786) 923-5899
E-mail: DanielFeld.Esq@gmail.com
- and -
Isaac Mamane, Esq.
MAMANE LAW LLC
1150 Kane Concourse, Second Floor
Bay Harbor Islands, FL 33154
Tel: (305) 773-6661
E-mail: mamane@gmail.com
THOMSON R. PROCTOR: Faces Suit Over Alternative Programs
--------------------------------------------------------
Alissa Scott, writing for UticaOD.com, reports that information
regarding alternative programming for refugee students in the
Utica City School District seems to be scarce.
In November, the state Attorney General's office filed a lawsuit
against the district alleging that teenage refugees had been
improperly denied entry into Thomas R. Proctor High School, and
that the district instead has been channeling some students into
alternative programs that don't allow them to earn a diploma.
That, the attorney general says, is discriminatory and leads the
refugee students to "academic dead ends."
The Observer-Dispatch sent a Freedom of Information request to the
district Nov. 24 asking for more information on district policies,
but found very few answers in the response received Dec. 18.
In response to a request for data on the number of refugees
enrolled in the district, and how many of those were enrolled in
alternative programs, the district responded that "no such
breakdown exists."
"The Utica City School District does not breakdown refugee,
immigrant and nonimmigrant English Language Learners," wrote
Liz Paul, administrator for Special Education Services in the
district.
School district attorney Don Gerace did not return a phone call,
but previously said the district already commented on the case and
wouldn't be making any more statements involving the pending
litigation.
"For over 30 years, the Utica City School District has welcomed,
educated and valued the contributions of all of our students who
have come here to better their lives," Superintendent Bruce Karam
said in a statement prepared when the lawsuit was filed.
In its FOIL request, the O-D also asked the district for data
regarding the practices of the Newcomer Program and the Alignment
of Pathways and Programs for Learners of English program (APPLE),
both programs mentioned in the lawsuit.
"The Utica City School District does not have a Newcomer Program,"
Ms. Paul replied. "The Newcomer Program is located and run by the
refugee center."
According to the website for the Mohawk Valley Resource Center for
Refugees, the Newcomer Program is an English-as-a-second-language
program for newly arrived 17- to 21-year-old refugees. English
instruction is provided along with employment preparation,
computer instruction and cultural activities on the refugee
center's grounds. Students cannot receive a high school diploma
but can earn an equivalency certificate.
Phone calls and an email requesting additional information from
the refugee center were not returned.
In her FOIL request response, Ms. Paul further explained the APPLE
program is run by Oneida-Herkimer-Madison BOCES, Mohawk Valley
Community College and Thomas R. Proctor High School.
"It is a voluntary option for English Language Learner students
that do not wish to enroll in Thomas R. Proctor High School,"
Ms. Paul wrote. "Parent and/or student signed referral forms are
sent to the (school district) for signatures and to arrange
transportation. Students have the option of returning or
enrolling at Proctor at any time."
TIGERDIRECT INC: "Dadlani" Suit Seeks to Recover Unpaid Overtime
----------------------------------------------------------------
Shane Dadlani, and all others similarly situated v. Tigerdirect,
Inc. and Syx Services, Inc., Case No. 2015-027566-CA-01 (Fla.
Cir., November 25, 2015), seeks to recover unpaid minimum and
overtime wage compensation, liquidated damages and costs and
reasonable attorney's fees under Fair Labor Standards Act.
The Defendants provide general management services.
The Plaintiffs are represented by:
Jason S. Remer, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler St., Ste 220
Miami, FL 33130
Tel: (305) 416-5000
Fax: (305) 416-5005
E-mail: jremer@rgpattorneys.com
TRISTAR FOOD WHOLESALE: "Hu" Action Hits Bloated Packaging
----------------------------------------------------------
Miao Xin Hu and John Does 1-100, on behalf of themselves and
others similarly situated, Plaintiffs, v. Tristar Food Wholesale
Co Inc. And Kindly King Foodstuff (Zhongshan) Co., Ltd.,
Defendants, Case No. CV 15-6954 (E.D.N.Y., December 7, 2015),
seeks compensatory and punitive damages, prejudgment interest on
all amounts awarded, restitution and all other forms of equitable
monetary relief, injunctive relief and reasonable attorneys' fees
and expenses and costs of suit arising from Negligent
Misrepresentation, Common Law Fraud, Unjust Enrichment and in
violation of New York General Business Law 349 or the Deceptive
and Unfair Trade Practices Act, New York General Business Law 350
or the Unlawful False Advertising Act.
Defendant allegedly packages their egg roll biscuits in
deceptively bloated/enlarged packaging and due to an inch-high
false bottom inside the tin box packaging, thus giving the
impression of it being full packed.
Plaintiff has purchased a box of the Egg Roll Product from an
Asian supermarket in the Flushing area in Queens County and claims
that is was 20% slack-filled.
Tristar Food Wholesale Co Inc. is a business corporation
incorporated under the laws of the state of New Jersey with its
headquarters and address for service of process at 115 Amity St,
Jersey City, NJ 07304. It imports, distributes and sells the Egg
Roll Product and other food products from China to millions of
consumers nationwide.
Kindly King Foodstuff (Zhongshan) Co., Ltd. is a Chinese food
product manufacturer with an address at Changmingshui Industrial
Zone, Wuguishan, Zhongshan, Guangdong, China. It manufactures and
markets the Egg Roll Product among others.
The Plaintiff is represented by:
Anne Seelig, Esq.
Shanshan Zheng, Esq.
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
UNITED STATES: FAA Sued Over Unconstitutional Hiring Practices
--------------------------------------------------------------
William Perry Pendley, writing for New York Post, reports that
air-traffic controllers are far too important to Americans' safety
to be subjected to unconstitutional race-based hiring in the name
of "diversity." It's a shame the Federal Aviation Administration
doesn't see it that way.
In fact, the Obama administration is throwing out basic competency
tests in hiring air-traffic controllers so they can diversify the
field -- and put us all at risk.
Take the case of Andrew Brigida. Born and raised in Mahopac, a
hamlet 30 miles north of Manhattan, Mr. Brigida's family moved to
Arizona, where he attended Arizona State University. He signed up
for the university's air-traffic-controller major. In May 2013,
he earned two aviation-related B.S. degrees and took the
demanding, eight-hour computer-based Air Traffic Selection and
Training exam; he scored 100 percent.
ASU sent his name to the FAA with a recommendation that he be
hired.
Then he waited. And waited. In late January 2014, he received an
e-mail. "Dear Applicant," it read, "The [FAA] is implementing
changes to improve and streamline the selection of [air-traffic
controllers]. Your standing in our current applicant inventory is
being impacted by these changes.
"Specifically, the current applicant inventories, including your
application, are in the process of being closed and will no longer
be utilized . . . Any prior application that you submitted will no
longer be considered."
In other words, his test scores -- once good for three years --
were invalid and he was at the back of the line. He wasn't alone;
2,000 to 3,000 other highly qualified applicants got that news and
had their names "purged" by the FAA. As the lead plaintiff in a
federal class-action lawsuit, he sued the FAA and other Obama
administration agencies and officials.
Representing him is Mountain States Legal Foundation of Denver,
which won the landmark Supreme Court ruling Adarand Constructors,
Inc. v. Pena ("In the eyes of government, we are just one race
here. It is American," Justice Antonin Scalia wrote, concurring),
and of which I am president. Attorney Michael Pearson, a former
air-traffic controller from Phoenix, serves as local counsel where
the case was filed in federal district court.
The FAA didn't just dump Mr. Brigida and his fellow applicants; it
also abandoned a decades-old, rigorous hiring process. Beginning
in 1995, the feds collaborated with universities and colleges to
create accredited degree programs, such as the one at ASU where
Mr. Brigida graduated. Thereafter, the FAA gave a hiring
preference to veterans, those with CTI program degrees, references
from administrators, and high test scores.
The change came after an all-but-unnoticed announcement by
President Obama's new FAA head Michael Huerta, in May 2013, of his
intent to "transform" the agency "into a more diverse" workplace.
That was accompanied by a suspect analysis that purported to show
women and minorities as "underrepresented."
In December 2013, the FAA began its new hiring process, discarded
its long use of the difficult cognitive-assessment test, and
implemented instead a new, unmonitored, take-home personality test
-- a Biographical Questionnaire.
Among other questions, it asked: "The number of high school sports
I participated in was?" "How would you describe your ideal job?"
"What has been the major cause of your failures?" "More classmates
would remember me as humble or dominant?"
Apparently it still didn't get the desired results; Fox News
reported FAA officials helped selected applicants cheat. The FAA
not only tossed aside its preference for trained and qualified
air-traffic controllers, it also opened the position to "off the
street hires," any English-speaking citizen with a high-school
diploma.
That the agency responsible for maintaining the safety of
thousands of aircraft that transverse the United States each day,
not to mention the millions of Americans on-board, would abandon a
time-tested procedure for hiring the nation's best and brightest
in the name of diversity is shocking, but not surprising, given
the administration's obsession with race.
But violating the constitutional and civil rights of Americans in
the name of diversity should be a bridge too far even for Obama.
U.S. COURT: Class Action Filed Over PACER Fees
----------------------------------------------
June Williams, writing a Courthouse News Services, reported that
PACER, the Public Access to Court Electronic Records system used
by federal courts, systematically overcharges for access to court
records, users claim in a federal class action in Seattle.
Bryndon Fisher sued the Administrative Office of U.S. Courts and
its director James C. Duff, alleging breach of contract and
illegal exaction.
PACER's stated policy charges users 10 cents per page for a docket
report, up to a maximum of $3. The dockets are displayed in HTML
format, so PACER uses a formula based on the number of bytes in a
docket to calculate billable pages. But the program contains an
error causing too many bytes to be counted, Fisher says.
"(T)he PACER billing system contains an error. PACER artificially
inflates the number of bytes in each extracted page, counting some
of those bytes five times instead of just once. As a result, users
are systematically overcharged for certain docket reports," the
complaint states.
Fisher says he was overcharged $37 for docket information in the
past two years.
"During the past two years, Fisher accessed 184 court docket
reports using PACER and was charged and paid a total of $109.40 to
the AO for this access. These charges do not include access to the
individual PDF documents, only access to the docket reports.
"Over this two-year period, based on the formula contained in the
PACER User Manual, Fisher should have been charged $72.40,
representing an overcharge of $37.00 or approximately 51 percent
"Fisher has not been reimbursed or otherwise compensated for these
overcharges," according to the complaint.
Fisher says his attorney hired computer experts to find out why
the program miscalculates bytes. He says they discovered PACER
counts the number of bytes in a docket case caption five times
instead of once.
"If a user accesses an HTML docket report, and the case caption
for that docket is more than 850 characters, the systemic billing
error manifests itself. This is because, when the caption contains
850 or more characters, the caption contains enough bytes that,
when overcounted by five times, it triggers at least one
additional $0.10 charge to the user. An exception to this rule
applies when the docket is so large that users will have already
reached the $3.00 maximum charge regardless of any overcounting of
bytes in the case caption.
"This systemic billing error for docket reports affects the PACER
system that is used in all U.S. District Courts, U.S. Bankruptcy
Courts, and the U.S. Court of Federal Claims," the complaint
states.
Fisher seeks class certification, refunds, and an injunction.
PACER users who have damages in excess of $10,000 are excluded
from the class.
Fisher is represented by Beth Terrell with Terrell Marshall, who
did not immediately respond to an email request for comment.
A message left on the Administrative Office of U.S. Courts website
requesting comment was not immediately returned.
VALE S.A.: "Lyndes" Action Hits Drop in Shares
----------------------------------------------
Ming Hom, individually and on behalf of all others similarly
situated, Plaintiff, v. Vale S.A., Murilo Pinto De Oliveira
Ferreira, and Luciano Siani Pires, Defendants, Case No. 1:15-cv-
09539 (S.D.N.Y., December 7, 2015), seeks to recover compensable
damages caused by violations of federal securities laws and pursue
remedies under Section 10(b) and Rule 10b-5 and Section 20(a) of
the Securities Exchange Act of 1934.
Plaintiff purchased Vale securities and lost substantially when
share prices dropped due to the disclosure of pertinent fiscal
information as well as reckless environmental practices.
Defendant Vale is a Brazilian mining and metals company
headquartered in Rio de Janeiro, Brazil and traded on the NYSE.
Murilo Pinto de Oliveira Ferreira has been the Company's Chief
Executive Officer and Luciano Siani Pires has been the Company's
Chief Financial Officer.
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Tel: (212) 686-1060
Fax: (212) 202-3827
Email: pkim@rosenlegal.com
lrosen@rosenlegal.com
VOLKSWAGEN GROUP: "Nelson" Suit Alleges Emission Test Cheating
--------------------------------------------------------------
Joshua Sackos, Christopher Marshall, Todd Briggs, Molly Briggs,
and Philip Reich, on behalf of themselves and all others similarly
situated, Plaintiffs, v. Volkswagen Group Of America, Inc. and
Volkswagen AG, Defendants, Case No. 2:15-cv-14074-AJT-MJH (E.D.
Mich., October 16, 2015), seeks compensatory damages resulting
from the violation of in violation of Mich. Comp. Laws 445.315(1),
Arizona Consumer Fraud Act (Ariz. Rev. Stat. 44-1521, et seq.),
Oregon Unlawful Trade Practices Act (Or. Rev. Stat. 646.605, et
seq.), Magnuson-Moss Act (15 U.S.C. 2301, et seq.)
The class action complaint alleges that an installed component in
the vehicle called a defeat device turns on the emission controls
during mandated testing but turns it off during regular operations
thus rendering it non-compliant to emission standards set by the
United States Environmental Protection Agency and the California
Air Resources Board.
Sackos purchased a used 2012 Volkswagen Passat TDI CleanDiesel.
Marshall purchased a new 2013 Volkswagen Jetta CleanDiesel from
Camelback Volkswagen, an authorized Volkswagen dealer in Phoenix,
Arizona.
Briggs purchased a used 2011 Volkswagen Jetta CleanDiesel from
Suburban Volkswagen, an authorized Volkswagen dealer in Troy,
Michigan.
Reich purchased a new 2013 Volkswagen Beetle Convertible TDI
CleanDiesel from Vyletel Volkswagen, an authorized Volkswagen
dealer in Sterling Heights, Michigan.
Volkswagen AG is an automotive company organized and existing
under German law with its principal place of business in
Wolfsburg, Germany and is the parent company of Audi. It
manufactures vehicles under the Volkswagen brand.
Volkswagen Group of America, Inc. is a corporation organized and
existing under New Jersey law with headquarters in Hemdon,
Virginia and is a wholly-owned subsidiary of Volkswagen AG. Their
operations in the United States include research and development,
parts and vehicle processing, parts distribution, sales, marketing
and service offices, financial service centers and manufacturing.
The Plaintiff is represented by:
Jason J. Thompson, Esq.
Amy L. Marino, Esq.
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Tel. (248) 355-0300
Email: jthompson@sommerspc.com
amarino@sommerspc.com
jyoung@sommerspc.com
VOLKSWAGEN GROUP: "Thompson" Suit Alleges Common Law Fraud
----------------------------------------------------------
Nancy E. Thompson, Robert S. Lyss Jr., Gary Osman, Kristoff
T'Siobbel, Ryan Parker, Harry Vogel, Dennis Moore, Jeremy D.
Fisher, and all others similarly situated v. Volkswagen Group of
America, Inc., Volkswagen AG, Audi of America, LLC dba Audi of
America, Inc., Audi AG, Porsche Cars North America, Inc., and
Porsche AG, Case No. 2:15-cv-14189 (E.D. Mich., November 30,
2015), seeks damages against the Defendants for alleged common law
fraud and breach of express warranty.
Since 2009 over 482,000 diesel Volkswagen and Audi vehicles sold
in the United States were sold with a "defeat device" to create
the impression of high fuel efficiency and high performance with
extremely low emissions.
The Defendants are auto manufacturers.
The Plaintiffs are represented by:
Amy E. Keller, Esq.
WEXLER WALLACE LLP
55 West Monroe Street, Suite 3300
Chicago, IL 60603
Tel: (312) 346-2222
Fax: (312) 346-0022
E-mail: aek@wexlerwalalce.com
- and -
Gregory F. Coleman, Esq.
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Tel: (865) 247-0080
Fax: (865) 522-0049
E-mail: greg@gregcolemanlaw.com
- and -
William A. Kershaw, Esq.
KERSHAW, COOK & TALLEY PC
401 Watt Avenue
Sacramento, CA 95864
Tel: (916) 448-9800
Fax: (916) 669-4499
E-mail: bill@kctlegal.com
VOLKSWAGEN GROUP: Bill May Avert Emissions Class Actions
--------------------------------------------------------
David Dayen, writing for The Fiscal Times, reports that when
Volkswagen admitted to cheating on air pollution standards tests
in September, it opened itself up not only to government
punishment, but lawsuits from 500,000 U.S. purchasers of its
"clean" diesel vehicles. Volkswagen has yet to fix the vehicles
to bring them into emissions compliance, and even if it does, that
will likely create a lower-performance car than consumers paid
for.
"Throughout these years, Volkswagen has been lying to us," says
Rebecca Kaplan, an at-large member of the Oakland City Council,
who has been active in reducing carbon emissions in her city.
"They've been undermining the very things that I have been
fighting for." Ms. Kaplan, who has stopped driving her non-
compliant VW Golf TDI and rejected a lowball trade-in offer from
the dealer, has joined one of hundreds of class-action suits
against the automaker, likely to be consolidated into a large
multi-district case.
The combination of regulatory oversight and class-action
litigation can keep companies in line. But a bill in Congress
consisting of a little more than 100 words would not only prevent
Kaplan from seeking justice but also cripple virtually all class-
action lawsuits against corporations. It's known as the "Fairness
in Class Action Litigation Act," but lawyers and advocates call it
the "VW Bailout Bill."
The bill, which will get a vote on the House floor in the first
week of January, follows a series of steps by the judiciary to
block the courthouse door on behalf of corporations. "There's no
question the Supreme Court has ben moving in that direction to
limit access to courts," said Joanne Doroshow, executive director
of the Center for Justice and Democracy. "But Congress has never
done something like this, trying to step in and wipe out class-
actions."
The simplicity of the VW Bailout Bill belies the chaos it would
create. Proponents like the U.S. Chamber of Commerce, the bill's
leading lobbyist, say they merely want to get rid of "non-injury"
class-action cases, based on potential damages from defective
consumer products or corporate actions that have yet to result in
harm. Lawyers for class-action litigants argue that defective
products deserve compensation even if the consumer hasn't yet been
injured.
But the bill goes much further, stating that courts may not
certify class-action suits unless the plaintiff "affirmatively
demonstrates that each proposed class member suffered the same
type and scope of injury as the named class representative or
representatives."
"This is devastating because it sets up all class-actions to
fail," says attorney Lori Andrus, who represents several
Volkswagen plaintiffs. If every class member must have the same
type and scope of injury, it forces extensive proofs for class
certification -- essentially a full-blown trial up front, where
plaintiffs will have to prove that their injuries match with their
fellow representatives.
Not only would these trials be costly, but they would empower
corporate defense lawyers' schemes to limit damages. While
current rules already require class members to have some level of
commonality and typicality, the words "same type and scope" offer
opportunities to refine that further. "It's not clear what they
mean by same injury," says Andre Mura, another class-action
plaintiff's attorney. The terms are so vague, Mr. Mura argued,
that they would have to be interpreted repeatedly, with
unpredictable results.
In the Volkswagen case, for example, "it could mean the same model
car, the same defeat device, the same emissions system, the same
consumer harm," Mr. Mura says. "When really Volkswagen engaged in
the same course of conduct on all their vehicles." Defense
attorneys could claim that a class representative who released
fewer emissions because they drove fewer miles than their
colleagues, or drove in harsher weather, or with lower tire
pressure, should be excluded from the case. That could either
whittle down classes to limit damages or disqualify them from
certification.
And the applications go beyond Volkswagen. "In a mortgage fraud
case, the class might have all been deceived in same way, but the
documents signed might have been inconsistent," says Mr. Andrus.
"Or with for-profit schools, they might have paid different
tuition or taken different classes." Mr. Andrus has battled these
tactics before, but the congressional bill would codify them into
law. "There's no question this was written by a defense lawyer
whose job it is to defend corporations," she says.
Without a class-action option, VW customers would have little
recourse. "The damages are not enormous in the sense that I could
hire individual counsel," says George Farquar, a scientist and
small business owner from Livermore, Calif., who is part of a
class-action suit against the carmaker. "It's amazing this
legislation is being considered."
A Consumer Financial Protection Bureau study found that victims of
just financial-related class-action settlements received over $2
billion in compensation between 2008 and 2012, to say nothing of
the changes in corporate behavior arising from those cases. "The
alternative is that those claims disappear," says the Center for
Justice and Democracy's Doroshow. "You're talking about providing
basic immunity (to corporations)."
Some lawyers are readying individual litigation in the VW scandal,
but hundreds of thousands of such cases would be impractical and
not economically viable for victims. Mr. Farquar believes he
should have the ability to hold Volkswagen accountable for their
crimes: "If I committed this kind of fraud I would be out of
business."
Incredibly, the House is pairing the VW Bailout Bill with other
legislation designed to limit corporate liability. The FACT
(Furthering Asbestos Claim Transparency) Act would force public
reporting of personal information of asbestos victims, in an
effort to delay and limit compensation for their poisoning.
The Chamber of Commerce also supports the FACT Act, claiming it
would prevent double-dipping by mesothelioma sufferers who may
have been exposed to multiple asbestos-lined products. But the
clear intent is to both chill victims from coming forward and
delay their compensation. Because mesothelioma sufferers
typically only live between four and 18 months after diagnosis,
this would shift many victim claims to wrongful death, which has a
lower payout rate. Corporations like Honeywell have financial
reason to want victims of their use of harmful chemicals to die
quicker, so they can pay their families less.
House passage of the VW Bailout Bill and FACT Act is likely, but
the Senate could provide a roadblock. However, as we saw with the
year-end omnibus, ideological bills that can't otherwise pass on
their own have a tendency to ride along with must-pass legislation
and become law.
Corporate immunity has been a major preoccupation of John Roberts'
Supreme Court. Rulings like AT&T Mobility v. Concepcion and
American Express v. Italian Colors allow corporations to force
their customers into mandatory arbitration, rather than the
judicial system, to settle disputes. And 2011's Walmart v. Dukes
tossed out class-action certification in a gender discrimination
case, arguing that the retailer couldn't possibly have
discriminated against all 1.5 million of its female employees in
the exact same manner. Subsequent circuit courts have followed
Supreme Court precedent and tightened class-action restrictions.
But while the bar for class-action certification is already set
incredibly high, the VW Bailout Bill adds an entirely new set of
requirements, circumventing not only judicial precedent but also a
longstanding federal rule (Rule 23) that lays out class-action
standards. And it would protect corporations that engineer major
frauds, where it is difficult to bring thousands of individual
claims.
"It's incredibly inappropriate for Congress to send the message
that it's OK to hurt people by the millions," said Volkswagen
owner Rebecca Kaplan. "The more people you hurt, the more this
law will protect you."
WILLOUGHBY REHABILITATION: Sued Over Failure to Provide Care
------------------------------------------------------------
Joseph Olmann, individually and on behalf of all others similarly
situated v. Willoughby Rehabilitation and Health Care Center LLC
and Spring Creek Rehabilitation & Nursing Care Center, Case No.
514289 (N.Y. Super. Ct., November 23, 2015) is brought against the
Defendants for failure to promote the care for its residents in a
manner that maintains or enhances each resident's dignity and
respect in full recognition of their individuality and in
contravention of applicable State laws, rules, and regulations.
The Defendants are in the business of providing long-term nursing
home care services.
The Plaintiff is represented by:
Jeremiah Frei-Pearson, Esq.
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP
1311 Mamaroneck Avenue, Suite 220
White Plains, NY 10605
Telephone: (914) 298-3281
E-mail: jfrei-pearson@fbfglaw.com
WISCONSIN: Inmates Can't Pursue Class Action, 7th Cir. Says
-----------------------------------------------------------
Courthouse News Service reported that the U.S. Court of Appeals
for the Seventh Circuit refused to let a group of Wisconsin
inmates appeal for class certification in their pro se action
contending that the state provided inadequate mental health
services.
The pro se plaintiffs -- a group of inmates at the Waupun
Correctional Institution in Wisconsin -- brought this federal
action against the governor of Wisconsin, the prison warden, and
roughly 30 other persons. They alleged (among other things) that
the defendants were violating the Eighth Amendment by providing
inadequate mental-health services and by permitting overcrowding
at Wisconsin's prisons. The plaintiffs filed a motion for class
certification, which the district court denied on the ground that,
because they were proceeding pro se, the plaintiffs could not
adequately represent a class.
The case is, JOSHUA HOWARD, et al., Plaintiffs-Petitioners, v.
WILLIAM POLLARD, et al., Defendants-Respondents, No. 15-8025 (7th
Cir.).
YACHTING PROMOTIONS: "De Jesus" Action Seeks OT Pay
---------------------------------------------------
Joseph Luis De Jesus Jr. and all others similarly situated,
Plaintiff, vs. Yachting Promotions, Inc. and Robert Coreas,
Defendants., Case No. 1:15-cv-24308-JAL (S.D. Fla., November 20,
2015), seeks to recover overtime pay and damages under the Fair
Labor Standards Act 29 U.S.C.
Plaintiff has not been paid overtime and/or minimum wages for work
performed in excess of 40 hours weekly. De Jesus worked as a
forklift operator.
Yachting Promotions, Inc., is a corporation operating in Dade
County, Florida with Robert Coreas as corporate officer and/or
owner.
The Plaintiff is represented by:
J.H. Zidell, Esq.
J.H. Zidell, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Tel: (305) 865-6766
Fax: (305) 865-7167
Email: ZABOGADO@AOL.COM
YALE ASSOCIATES: Sued Over Fair Credit Reporting Act Violation
--------------------------------------------------------------
T. Jason Noye, individually and on behalf of all others similarly
situated v. Yale Associates, Inc., Case No. 1:15-cv-02253-JEJ
(M.D. Pa., November 24, 2015) is brought against the Defendant for
violation of the Fair Credit Reporting Act.
Yale Associates, Inc. owns and operates a consumer reporting
agency in Pennsylvania.
The Plaintiff is represented by:
David A. Searles, Esq.
James A. Francis, Esq.
John Soumilas, Esq.
FRANCIS & MAILMAN
Land Titile Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
Telephone: (215) 735-8600
E-mail: dsearles@consumerlawfirm.com
jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
Asbestos Litigation
ASBESTOS UPDATE: Manitoba Woman Seeking Fibro Inquiry Dies
----------------------------------------------------------
The Canadian Press reported that a Manitoba advocate for people
who suffered from illnesses linked to vermiculite insulation has
died of a cancer closely associated with asbestos, her daughter
says.
Raven ThunderSky grew up in a home on Poplar River First Nation
with asbestos-laced insulation and lost several family members to
related illnesses.
Her daughter, Raven-Dominique Gobeil, says ThunderSky died on
Christmas Eve of mesothelioma at the age of 50.
In 2008, ThunderSky said she wrote then-prime minister Stephen
Harper asking for a public inquiry into Zonolite, the insulation
that was frequently made from Montana-mined vermiculate and found
to contain naturally occurring asbestos.
ThunderSky was also critical when a settlement was offered in a
class-action lawsuit against the American company that made
Zonolite, saying the amount wouldn't begin to cover the costs of
removing the insulation from homes.
Zonolite was popular in Canada from the 1950s until the 1980s, and
homeowners were eligible for federal grants to install the
insulation from the late 1970s until the early 1980s.
"In the past eight weeks it kind of got the best of her, and in
the past two weeks she was just bedridden," Gobeil said of her
mother's illness, noting she chose to spend her final moments at
home.
"Hospitals are where her sisters and parents died and she decided
she didn't want that for herself," Gobeil said in an interview.
Zonolite insulation was used in housing on military bases and on
First Nations reserves.
Mesothelioma is a rare type of cancer that is often linked with
exposure to asbestos. The World Health Organization maintains all
types of asbestos can cause lung cancer, mesothelioma, cancer of
the larynx and ovary, and asbestosis.
ThunderSky was also active in campaigning for a national inquiry
into missing and murdered indigenous women.
Gobeil said her mother was too ill to fully comprehend the
announcement by the federal Liberal government that an inquiry
will be held. But she said she was able to understand, and was
happy, when a second-degree murder charge was announced in the
death of 15-year-old Tina Fontaine, whose body was found wrapped
in a bag in Winnipeg's Red River in 2014.
"Even if her activism brought closure to one family, that's one
family that can rest easy and doesn't have to wonder forever,"
Gobeil said.
ASBESTOS UPDATE: Del. Court Recommends Dismissal of 2 Cos.
----------------------------------------------------------
HarrisMartin Publishing reported that a Delaware federal court has
recommended the dismissal of two asbestos defendants, noting that
the plaintiffs have indicated that they are no longer pursuing
service as to one of the parties.
In the Dec. 21 order, the U.S. District Court for the District of
Delaware noted that the plaintiffs additionally have been able to
complete service for the second asbestos defendant.
Ralph and Joan Shaw filed the underlying asbestos-related action
in the Delaware Superior Court in Feb. 2015; CBS Corp. removed the
case in Aug. 2015.
ASBESTOS UPDATE: Gori Julian Adds Forbes as New Fibro Attorney
--------------------------------------------------------------
Edwardsville-based law firm, Gori Julian & Associates, P.C., on
Dec. 29 announced the addition of Jonathon M. Forbes to the firm's
growing roster of attorneys.
Forbes graduated Magna Cum Laude from Southern Illinois University
Edwardsville in 2003. He received his law degree from St. Louis
University School of Law in 2015.
Forbes has successfully written three laws in the State of
Illinois to help protect children from drug dealers, assist rape
victims and offer financial procurement laws for burn victims.
Forbes has served on the State Board of the Illinois Foster Parent
Association and is a strong advocate for working men and women. He
is in good standing with the Illinois Bar Association and has also
been awarded for his charitable work in the community, being
honored with a Madison County Friend of Labor Award in 2006. At
Gori Julian & Associates, Forbes will focus his practice on
Asbestos litigation, Benzene litigation and personal injury.
Forbes is licensed to practice law in Illinois and is a member of
the Illinois Bar Association as well as Phi Theta Kappa
Fraternity.
Forbes joins Gori Julian & Associates' team of highly skilled
attorneys who have recovered more than $2 billion in compensation
for those suffering as a result of asbestos exposure. Although the
attorneys at Gori Julian & Associates concentrate on asbestos-
related injuries, they also handle cases in occupational disease
and pharmaceutical litigation. For more information on the areas
of law practiced by the attorneys at Gori Julian & Associates, or
to contact an attorney at the firm, visit
http://www.gorijulianlaw.comor call toll free at 888.362.6890.
Gori Julian & Associates, located at 156 North Main Street in
downtown Edwardsville, was formed in summer 2008 by Randy Gori and
Barry Julian. The firm has four offices in Edwardsville, Ill. and
one in downtown St. Louis. For more information, please call 877-
456-5419.
Mr. Forbes may be reached at:
Jonathon M. Forbes, Esq.
GORI JULIAN & ASSOCIATES, P.C.
156 North Main Street
Edwardsville, IL 62025
Tel: 618-307-4085
Fax: 618-659-9834
Email: jforbes@gorijulianlaw.com
ASBESTOS UPDATE: Companies Blamed for Husband's Exposure
--------------------------------------------------------
Molly English-Bowers, writing for Madison Record, reported that an
Illinois couple is suing dozens of companies, alleging exposure to
asbestos, led to the husband contracting asbestosis, a cancer of
the lung.
Archie Berry and Amanda Berry filed a lawsuit Nov. 2 in St. Clair
County Circuit Court against Aurora Pump Company, Chevron USA,
Goodyear Tire & Rubber Co., Metropolitan Life Insurance Company
and dozens of other companies, alleging negligence.
According to the complaint, Archie Berry was employed from 1955 to
1981 at various work sites, doing a variety of work but all
bringing him into contact with asbestos. During his employment, he
inhaled, ingested or otherwise absorbed large amounts of asbestos
fiber coming from products he was working with and that were
manufactured, sold, distributed or installed by the defendants,
the suit says.
Asbestos fibers are a known carcinogen, and on Aug. 26, the
plaintiff was diagnosed with lung cancer, caused by inhaling those
fibers, the suit says.
The count against Metropolitan Life Insurance Company is for
conspiracy. The suit alleges Met Life conspired to discredit and
terminate the studies and experiments of scientists who were
developing data about the dangers of asbestos. The suit further
says Metropolitan actively suppressed publication of articles
about asbestosis in Asbestos magazine, a source of information to
the public and to users of asbestos products, including the
plaintiff.
Archie Berry seeks more than $50,000 for each of eight counts from
each of the defendants, which he says will fairly compensate him
for his injuries. Amanda Berry, suing for loss of consortium
resulting from her husband's illness, seeks more than $50,000.
They are represented by attorneys Randy L. Gori and Barry Julian
of Gori, Julian & Associates PC of Edwardsville.
St. Clair County Circuit Court case number 15-L-624
ASBESTOS UPDATE: Govt Should Consider Screening for Fibro Illness
-----------------------------------------------------------------
News Letter reported that the Irish government should consider
introducing a health screening process for those who may have been
exposed to asbestos as a result of bombing campaigns by
paramilitary groups.
The suggestion -- made by prominent victims' campaigner Kenny
Donaldson -- follows news of two deaths which have been linked to
the carcinogenic substance.
Both of the victims -- one a civilian security guard, and the
other a detective -- had been present at scenes of wreckage caused
by IRA explosions.
Mr Donaldson, from the umbrella group Innocent Victims United
(IVU) which is comprised of more than 20 organisations
representing an estimated 11,000 people, said: "We are calling for
an acknowledgement by Government that it has a duty of care to
those families who have lost loved ones to secondary related
issues which can be proven to have arisen as a consequence of an
initial primary 'Troubles-related incident'.
"A family which has a main breadwinner stolen does not suffer less
whether that individual is killed instantly or dies a death a
number of years later because of what they experienced or were
subjected to through the initial incident.
"We also are asking that serious consideration be given by
government to providing a health screening process for those who
were exposed to asbestos or other deadly toxins in the aftermath
of bombing incidents.
"This State has a duty to identify other cases and to then enact
the necessary interventions which could save or certainly prolong
the lives of those citizens affected."
The Northern Irish health service is presently under considerable
pressure, with the News Letter having reported in November that
close to half of people on an outpatient waiting list were waiting
18 weeks or more for an appointment -- a massive rise compared
with the figures just one year earlier.
Mr Donaldson added that "there are finer details which need
ironed-out for such a screening process to occur, but we in IVU
want to hear a commitment from government that they are prepared
to invest in their citizens through examining what can be done
around these issues".
On December 15, The Sun newspaper reported that Jonathan Woods, in
his late 60s, had died after developing mesothelioma.
This is a type of lung cancer caused by asbestos fibres, which
often besets those who have worked in shipyards or in other
industrial settings.
Mr Woods, an ex-detective, had been on the scene after the
Brighton Bombing in 1984, when the IRA reduced much of the hotel
to rubble, killing five people, in an attack on UK cabinet
ministers.
On December 25, The Telegraph reported that Stuart Packard -- who
had been present as a security guard in the aftermath of the IRA's
massive 1996 Manchester bombing -- had died the previous month of
the same disease, prompting campaigners for some of the IRA's
England-based atrocities to speak out.
ASBESTOS UPDATE: Kilgore College Named in Whistleblower's Suit
--------------------------------------------------------------
Hanna Nakano, writing for Southeast Texas Record, reported that a
former employee alleges that the junior college where he worked
fired him because he contacted authorities and the media about
asbestos issues on campus.
Dalton Smith filed a suit on Oct. 6 in the Tyler Division of the
U.S. District Court for the Eastern District of Texas against
Kilgore College and its president, William Holda, for alleged
violation of the Texas Whistleblower Act and First Amendment
Retaliation.
The suit alleged that Smith, who had been employed by Kilgore
College for 13 years, was unlawfully terminated on Aug. 13, 2015.
Before his termination, Smith was the director of the physical
plant at Kilgore College, making him responsible for all
facilities and supervisor of a team of maintenance employees.
According to the suit, Smith became aware of asbestos in one of
the school's buildings that was not being handled properly. Pipes
covered in asbestos-containing insulation allegedly were
improperly removed and thrown into the trash along with tile that
also contained asbestos. Employees also were allegedly told to
throw asbestos-containing tabletops from the science building into
the trash, according to the suit. Some tabletops containing
asbestos allegedly were kept, sanded down and repainted, according
to the suit.
Smith reported the violations to the Federal Bureau of
Investigation, the Environmental Protection Agency, the
Occupational Safety and Health Administration, the Texas
Department of State Health Services, and the Texas Commission of
Environmental Quality, as well as the media.
The suit alleged that as retaliation Smith was stripped of his
supervisor role, and placed in a satellite campus where other
employees were directed not to assist or speak with him.
Additionally, he was not permitted to drive onto campus without
notifying the campus police, the suit alleged. Eventually, Smith
was fired, according to court documents.
Smith seeks a trial by jury, actual damages, compensatory damages
in the maximum amount allowed by law, pre- and post-judgment
interest, attorney fees, expert witness fees, court fees and any
further legal equitable relief he is entitled to. He is
represented by Gregory P. Love of Love Law Firm in Henderson.
U.S. District Court for the Eastern District of Texas Tyler
Division Case number 6:15-cv-00887-MHS
ASBESTOS UPDATE: Fibro Found in University of Otago Building
------------------------------------------------------------
Radio New Zealand News reported that asbestos has been found in
balconies being removed from a building at the University of
Otago.
While the balconies were being removed from the University's
humanities building, the coating system was found to contain
asbestos.
A university spokesperson said after consultation, the method to
remove the balconies was changed to eliminate the risk to workers
and other campus users.
The spokesperson said the university has had several meetings with
staff to ensure they are aware of the actions being taken.
ASBESTOS UPDATE: WorkSafeBC Battle with Fibro Firm Far From Over
----------------------------------------------------------------
Gordon Hoekstra, writing for Vancouver Sun, reported that
WorkSafeBC has applied to B.C. Supreme Court for another contempt
order against asbestos-removal company Seattle Environmental and
its operators.
The province's chief workplace safety agency argues they have
breached a 2012 court order stipulating they not violate B.C.'s
workplace regulations, according to documents filed in court.
Seattle Environmental has denied the allegations and says in court
filings it is being discriminated against by WorkSafeBC because
the company is Indo-Canadian owned.
The Vancouver company has also launched a counter-petition, asking
for the court to cancel the 2012 court order not to violate the
rules.
Contempt of court cases can lead to fines and jail time.
The contempt application -- set to be heard in February -- is the
second sought against Seattle Environmental by WorkSafeBC.
The agency is responsible for enforcing rules meant to protect
workers from potential exposure to asbestos, according to
documents filed in court. The work commonly takes place at older
homes slated for demolition or renovation that can contain
materials with asbestos such as drywall compound, loose insulation
and vinyl tiles.
In 2013, the court found Seattle Environmental, company director
Mike Singh and son Shawn Singh in contempt of breaching the 2012
B.C. Supreme Court order not to break rules under the Workers'
Compensation Act and the Occupational, Health and Safety
Regulations of B.C.
However, the pair were not found in contempt of breaching another
provision of the 2012 order not to expose persons to asbestos or
put them at risk of exposure to asbestos.
The company and the Singhs were fined $15,000.
In documents filed in B.C. Supreme Court, WorkSafeBC says since
the 2013 court decision Seattle Environmental and Mike Singh have
been in breach of laws and regulations at no fewer than seven
different residential properties including in Vancouver, Richmond,
Burnaby and West Vancouver.
The alleged breaches include not identifying sites to show
asbestos removal work was underway, not protecting work surfaces
with plastic sheets or tarps to help control the spread of
asbestos-containing material and not safely containing or removing
hazardous materials.
Since the 2013 decision, WorkSafeBC says Shawn Singh has been in
breach of WorkSafeBC laws and regulations no fewer than 12 times
at properties in Vancouver, Burnaby, Richmond, Surrey and
Coquitlam, according to court filings.
The alleged violations include failing to test or identify
material in a building that commonly contains asbestos and failing
to clean debris after testing for hazardous materials.
WorkSafeBC officials said they could not comment on the case while
it was before the courts.
Mike Singh also declined to comment, saying his position is
outlined in affidavits filed in court.
His affidavit includes a letter to WorkSafeBC dated Oct. 29, 2015
that states the second contempt application is viewed "as further
proof of discrimination and vindictiveness against us."
WorkSafeBC first sought assistance from the courts relating to
asbestos removal by the Singhs after issuing 237 orders between
2009 and 2012 to a company they were earlier involved in, Skylite
Building Maintenance, according to court documents. In 2012,
WorkSafeBC had levied fines on Skylite totalling $227,500 for
violations of the Occupational Health and Safety Regulation and
Workers' Compensation Act.
It's not clear whether this latest court application against
Seattle Environmental will be tested under new beefed-up powers
given to WorkSafeBC to seek injunctions and contempt charges. Law
changes were made on recommendations from a B.C. government-
appointed special commissioner into how to improve workplace
safety following two deadly sawmill explosions in 2012 and an
examination on such issues as how to deal with repeat offenders.
A key change gives the courts more power to order injunctions, not
only stopping a company or person from a specific activity, but
barring them from an activity or industry for a limited or
indefinite period of time.
The new powers also allow the court to include, in orders and
penalties, directors of boards and executives of companies.
Deaths caused by asbestos-related disease is the No. 1 workplace
killer in B.C. and fatality rates are rising, according to
WorkSafeBC statistics. In 2013, asbestos-related diseases
accounted for 77 deaths.
In the five-year period between 2010 and 2014, on average 65
workers died each year from asbestos-related diseases. That was up
from 51 and 42 in the previous two five-year periods. It can take
decades for the health effects of asbestos to cause serious
illness and disease.
The tiny fibres -- used in materials between the 1950s to 1990s
because they are a good insulator, strong and resistant to
chemical erosion -- cannot be seen, smelled or tasted.
ASBESTOS UPDATE: Georgia High Court Hears Fibro Appeal
------------------------------------------------------
Walter C. Jones, writing for The Augusta Chronicle, reports that
the Georgia Supreme Court justices were asked on Jan. 4 to toss
out a $4-million jury award to a man who contracted cancer that a
medical expert attributes partly to his work at a Waycross textile
plant.
Lawyers for Scapa Dryer Fabrics dispute the rationale the expert
used, saying other courts across the country have ruled it
inadmissible.
The case revolves around Roy Knight's 2009 diagnosis of malignant
mesothelioma, a type of lung cancer triggered by asbestos. Knight
was an independent contractor who did sheet-metal work at the
Scapa plant off and on from 1967-73 where asbestos was used in
making rollers for paper mills.
Union Carbide and Georgia Pacific each made settlements with
Knight related to building products he was exposed to during
construction of his house, but Scapa chose to fight.
Scapa attorney William Barwick told the justices he had been
defending the company for 25 years and that asbestos claims have
gotten more sketchy over the years.
"This is a case of asbestos litigation morphing yet again as it
attempts to go on," he said.
He said the first types of lawsuits were on behalf of people who
used products with asbestos directly where their exposure levels
could be readily determined. Now, Knight's attorneys are trying to
show that just by being in the same area on occasion is ample
exposure to cause cancer.
At issue is testimony given by Dr. Jerrold Abraham who told the
jury that the cumulative exposure Knight experienced from various
sources was what led to his lung cancer.
Scapa attorneys argue Abraham's conclusion is too flimsy and that
more detailed estimates on his direct exposure level is needed.
They say the trial judge, Michael DeVane of Ware County Superior
Court, should have disallowed Abraham's testimony during the 2013
trial.
But Knight's attorney, Denyse Clancy, said other courts have
accepted Abraham's expertise and other scientists have agreed with
his methods.
She said Knight recalled breathing asbestos-laden dust when he
stripped insulation from flus and crawled through ducts.
"In short, this was one of the poster children for extraordinary
exposure, and there was six years of it," she said.
The Court of Appeals ruled in Knight's favor. The Supreme Court
will hand down its ruling in three to four months, usually.
ASBESTOS UPDATE: Federal Court Remands Fibro Suit
-------------------------------------------------
HarrisMartin Publishing reported that a Louisiana federal court
has remanded an asbestos exposure lawsuit, contending that the
evidence cited by the defendant in support of removal is
"generalized in nature and wholly speculative" when applied to the
instant proceedings.
The U.S. District Court for the Eastern District of Louisiana
issued the remand order on Dec. 23.
Howard Zeringue asserted in his lawsuit that he developed
mesothelioma as a result of asbestos exposure. The plaintiff said
he encountered the asbestos-containing products while serving
aboard U.S. Naval vessels.
Crane Co. removed the lawsuit, citing the federal officer removal
statute.
ASBESTOS UPDATE: Solons Expected to Vote on FACT Act
----------------------------------------------------
HarrisMartin Publishing reported that the U.S. House of
Representatives is expected to vote on legislation aimed at
reducing fraud in the asbestos bankruptcy trust system, sources
told HarrisMartin.
According to the House's online system, the legislation was placed
on Calendar No. 271 on Nov. 30.
Sources indicated to HarrisMartin that the FACT Act of 2015 is
expected to be combined with the Fairness in Class Action
Litigation Act of 2015.
The House Committee of the Judiciary passed H.R. 526, the
Furthering Asbestos Claim Transparency Act (FACT Act), on May 14
after a consideration and mark-up session was held.
ASBESTOS UPDATE: NY Court Moves Auto-related Fibro Suit to Fla.
---------------------------------------------------------------
HarrisMartin Publishing reported that a New York federal court has
transferred an asbestos exposure lawsuit to the Middle District of
Florida, reasoning that by selling its raw ingredients to
manufacturers in Florida for three decades, one of the defendants
could have reasonably anticipated being sued in a Florida court.
In the Dec. 21 order, the U.S. District Court for the Southern
District of New York also noted that a number of witnesses
expected to be called currently reside in Florida.
Plaintiff Carmen Viera contended in her lawsuit that her husband,
Pedro Rosado-Rivera was exposed to asbestos-containing auto body
repair filler.
ASBESTOS UPDATE: Couple Blames Cos. for Husband's Fibro Exposure
----------------------------------------------------------------
Molly English-Bowers, writing for Madison Record, reports that a
Belleville couple is suing more than 20 companies, alleging
negligence for the husband's exposure to asbestos fibers during
his working life.
Jerry Hurst and Nancy Hurst filed a lawsuit Dec. 22 in St. Clair
County Circuit Court against 3M Corporation, Union Carbide
Corporation, Young Insulation Group of St. Louis and more than 20
other defendants. Also named is Metropolitan Life Insurance
Company.
According to the complaint, from 1962 to 1999, Jerry Hurst worked
as an auto mechanic and a pattern maker and both jobs put him in
contact with asbestos fibers. He was exposed to and inhaled,
ingested or absorbed large amounts of the fibers from the products
he was working with and around, the suit says.
As a result of the years of exposure, the suit states, on Dec. 23,
2013, Hurst was diagnosed with asbestosis. He says he has spent
large sums of money on medical care, has experienced physical pain
and mental anguish and has been prevented from pursuing his normal
course of employment, thereby losing large sums of money.
The lawsuit states Metropolitan Life Insurance Company and Pneumo
Abex Corporation, as successor-in-interest to Abex Corporation,
began in the 1920s to conduct research on asbestos-related health
problems. They also actively suppressed publication of articles
about asbestos in Asbestos Magazine, leading to fraudulent
misrepresentation/concealment, the suit says.
Jerry Hurst seeks $50,000 from each of the defendants for economic
damages. Nancy Hurst, alleging loss of consortium, also seeks
$50,000 from each defendant. They are represented by attorneys
Ronald J. Abernathy and Kenneth L. Halvachs of Halvachs &
Abernathy LLC in Belleville.
St. Clair County Circuit Court case number 15-L-721
ASBESTOS UPDATE: Groups Say Fibro Bill Could Spur Identify Theft
----------------------------------------------------------------
Cory Bennett, writing for The Hill, reports that public interest
groups are launching an 11th-hour campaign to kill a Republican-
backed bill aiming to reduce asbestos lawsuit fraud.
The advocates, led by the Environmental Working Group (EWG) Action
Fund, claim the so-called Furthering Asbestos Claim Transparency
(FACT) Act would expose more of Americans' personal data to cyber
criminals.
"The FACT Act would create conditions that are ripe for scam
artists and identity thieves to prey on all victims of asbestos
exposure who have filed claims with trusts established to ensure
compensation for harm caused by asbestos corporations," said a
letter sent to House members Tuesday.
The bill's proponents, such as Rep. Blake Farenthold (R-Texas),
have roundly rejected the argument.
They insist the measure is a necessary step to better track
payouts from asbestos trusts set up to compensate workers and
family members injured by a company's manufacturing of asbestos.
Additionally, they say, nearly all people filing claims with
asbestos trusts have already filed asbestos lawsuits, which
require them to disclose similar personal data.
Public interest groups have been on a months-long crusade to block
the FACT Act as it has moved through the House. The coalition has
launched a parody website to raise grassroots awareness, written
numerous letters and editorials, and even appealed to the House
Cybersecurity Caucus.
The groups believe the bill will make it harder for asbestos
victims and their families to collect compensation for diseases
triggered by the toxic material. It's estimated that 12,000 to
15,000 Americans die each year from asbestos-related illnesses.
As the bill as moved closer to a final vote, the public interest
coalition has focused its opposition on privacy concerns. They
note the bill will require victims to disclose sensitive personal
information online -- full names, birth years, work histories,
medical conditions and a portion of their social security numbers
-- when seeking claims, putting their personal security at risk.
"The publicly disclosed information required by the bill could be
used, disclosed and processed with few restrictions by any person,
anywhere in the world," Tuesday's letter said. "No U.S. privacy
law would apply to the information once it is disclosed."
The other advocacy groups who signed Tuesday's letter are:
Essential Information, Government Accountability Project, Patient
Privacy Rights, Privacy Rights Clearinghouse, Privacy Times, TURN-
The Utility Reform Network and World Privacy Forum.
ASBESTOS UPDATE: Time to Appeal in "North" Enlarged to May
----------------------------------------------------------
The Appellate Division of the Supreme Court of New York, First
Department, in a decision dated December 29, 2015, granted leave
for defendant-appellant in the case captioned IN RE: NEW YORK CITY
ASBESTOS LITIGATION relating to NORTH, v. NATIONAL GRID, 2015 NY
Slip Op 94962(U)(N.Y. App. Div.), to omit the unavailable portion
of the document as Court Exhibit 5 from the record on appeal, and
the time to perfect the appeal is enlarged to the May 2016 Term.
A full-text copy of the Decision is available at
http://is.gd/h2PVsZfrom Leagle.com.
ASBESTOS UPDATE: Time to Appeal in "Crescenzi" Enlarged to Sept.
----------------------------------------------------------------
The Appellate Division of the Supreme Court of New York, First
Department, in a decision dated December 29, 2015, enlarged the
time to perfect appeal to the September 2016 Term in the case
captioned IN RE: NEW YORK CITY ASBESTOS LITIGATION relating to
CRESCENZI, v. AZROCK INDUSTRIES, A DIVISION OF DOMCO, INC. - CRANE
CO., 2015 NY Slip Op 94978(U)(N.Y. App. Div.). A full-text copy
of the Decision is available at http://is.gd/CYj6Uhfrom
Leagle.com.
ASBESTOS UPDATE: Time to Appeal in "Lucadamao" Enlarged to Sept.
----------------------------------------------------------------
The Appellate Division of the Supreme Court of New York, First
Department, in a decision dated December 29, 2015, enlarged the
time to perfect appeal to the September 2016 Term in the case
captioned IN RE: NEW YORK CITY ASBESTOS LITIGATION relating to
LUCADAMO, v. A.O. SMITH WATER PRODUCTS CO. - CRANE CO., 2015 NY
Slip Op 94977(U)(N.Y. App. Div.). A full-text copy of the
Decision is available at http://is.gd/efIVikfrom Leagle.com.
ASBESTOS UPDATE: Time to Appeal in "Torbitt" Enlarged to Sept.
--------------------------------------------------------------
The Appellate Division of the Supreme Court of New York, First
Department, in a decision dated December 29, 2015, enlarged the
time to perfect appeal to the September 2016 Term in the case
captioned IN RE: NEW YORK CITY ASBESTOS LITIGATION relating to
TORBITT, v. A.O. SMITH WATER PRODUCTS CO. - CRANE CO., 2015 NY
Slip Op 94979(U)(N.Y. App. Div.). A full-text copy of the
Decision is available at http://is.gd/VZbXbYfrom Leagle.com.
ASBESTOS UPDATE: Appeal in "Sweberg" Suit Consolidated
------------------------------------------------------
The Appellate Division of the Supreme Court of New York, First
Department, in a decision dated December 29, 2015, consolidated
the appeal captioned IN RE: NEW YORK CITY ASBESTOS LITIGATION
relating to SWEBERG, v. ABB, INC., AS SUCCESSOR IN INTEREST TO ITE
CIRCUIT BREAKERS, INC. - CRANE CO., 2015 NY Slip Op 95014(U)(N.Y.
App. Div.). A full-text copy of the Decision is available at
http://is.gd/gsDNKsfrom Leagle.com.
*********
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