/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/160112.mbx C L A S S A C T I O N R E P O R T E R Tuesday, January 12, 2016, Vol. 18, No. 7 Headlines AMERICAN ELDERCARE: Sued Over Failure to Pay Overtime Wages AMERICAN GENERAL: "Carter" Class Suit Removed to E.D. Texas APPLE INC: Judge Ends Class Suit, Saying Plaintiffs Were Puppets AVVO INC: Illegally Advertises Class Members' Profile, Suit Says BENQ CORP: Settlement Fairness Hearing Set for April 14 BIRMINGHAM WATER: "Isom" Suit Seeks to Recover Unpaid Overtime BLUE CROSS: Quality Dialysis Alleges Violation of Antitrust Law BRENNAN & CLARK: Illegally Collects Debt, "Lieufatt" Suit Says CAVALRY PORTFOLIO: Illegally Collects Debt, Action Claims CARNEGIE PARK: Sued Over Lease Renewal and Protection Policies CHICAGO: Law Students Aid Victims of Decades-Old Police Torture CHIP-TECH: Capacitor Price-Fixing Class Action Narrowed CITIGROUP: Judge Accepts Settlement of $1.1-Bil. for Bond Losses COLLINS ASSET: Accused of Wrongful Conduct Over Debt Collection CONWAY, AK: To Appeal Status of Police, Firefighter Suit CSX INTERMODAL: "Ledesma" Class Suit Removed to S.D. California DELIVERY DUDES: Faces "Attai" Suit Over Failure to Pay Overtime ERBA DIAGNOSTICS: Sued in Fla. Over Misleading Financial Reports FACEBOOK INC: $20 Million Privacy Settlement Clears 9th Cir. FITBIT: Fitness Trackers Are Inaccurate, Suit Says GELATO FRESCO: Recalls Toasted Hazelnut Dairy Ice Cream GIRARDIN: Recalls MBII School Buses Due to Non-compliance GLEN ECHO: Recalls Inverloch Cheddar Cheese Due to Listeria GLEN ECHO: Expands Inverloch Cheddar Cheese Recall GLOBAL CREDIT: Accused of Wrongful Conduct Over Debt Collection GOSHEN: Recalls Multiple Bus Models Due to Injury Risk GOT CAPITAL: Korea Week Class Suit Removed to E.D. Pennsylvania GUADALAJARA OF HUNTSVILLE: "Ortega" Suit Alleges FLSA Violation HONEY & Q: Recalls Multiple Honey Products HYUNDAI: Recalls Certain 2013, 2014 & 2015 Vehicle Models INTERNATIONAL: Recalls Multiple Vehicle Models Due to Crash Risk JAYCO: Recalls Eagle HT Fifth Wheel Trailer 2016 Models LAND GUARDIAN: Bartenders, Waiters Allege Violation of FLSA LASER GENTLE: Fails to Pay Employees Overtime, "Weiner" Suit Says LEICA BIOSYSTEMS: Recalls Polymer Refine Red Detection Kits LEOPOLD & ASSOCIATES: Illegally Collects Debt, "Wilner" Suit Says LOBLAW COMPANIES: Recalls Joe Fresh Baby Jackets LOBLAW COMPANIES: Recalls Pumpkin Filled Egg Pasta Due to Cashew MADISON PARK: Faces "Ellis" Suit in California Over Unit Defects MADISON PARK: Faces "Terbolizard" Suit in Cal. Over Unit Defects MATCHBOX LLC: Doesn't Properly Pay Employees, "Daniels" Suit Says MAXIM HEALTHCARE: Faces "Fields" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "Hamilton" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "James" Suit Over Failure to Pay Overtime MAXIM HEALTHCARE: Faces "Pappas" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "Sapp" Suit Over Failure to Pay Overtime MAXIM HEALTHCARE: Faces "Shenefield" Suit Over Failure to Pay OT MAXIM HEALTHCARE: Faces "Terrell" Suit Over Failure to Pay OT MEXICAN RADIO: "Fagoth" Suit Seeks to Recover Unpaid Overtime MIA HOSPITALITY: Faces "Garcia" Suit Alleging FLSA Violation NATIONIAL BUREAU: Illegally Collects Debt, "Selma" Suit Claims NATIONAL RECOVERY: Illegally Collects Debt, "Kaufman" Suit Says NATIONSTAR MORTGAGE: Illegally Collects Debt, Action Claims NEW YORK: Found to Have Negligently Destroyed Suit Docs OLD FASHIONED: "McNamee" Class Suit Removed to E. D. Missouri RAILROAD SIGNAL: Fails to Pay Employees OT, "Garza" Suit Says SAIGON GRILL: Faces "Garcia" Suit Over Failure to Pay Overtime SESTWON PIZZA: Faces Suit in N.Y. Alleging FLSA, NYLL Violation SIDEWINDER DRILLING: Faces "Harvill" Suit Alleging FLSA Violation SOUTHERN CALIFORNIA GAS: Sued Over Porter Ranch Gas Leak SPARTAN ENERGY: Faces "Lopez" Suit Seeking Overtime Compensation SYMANTEC CORPORATION: "Horsfield" Suit Removed to S.D. New York UBER TECHNOLOGIES: Boston Atty Sues on Behalf of Excluded Drivers VAALCO ENERGY: 'Everyone Does It' Defense Rejected in Class Action VOLKSWAGEN: HR 1927 Affects Vehicle Owners' Cases VOLKSWAGEN AG: Franchisees Skittish About Suing Auto Company VOLKSWAGEN GROUP: Faces "Fidler" Suit in Cal. Over Defeat Devices VOLKSWAGEN GROUP: Faces "Hendricks" Suit Over "CleanDiesels" YAHOO INC: Judge Says Lawsuit Over Texts Can Be Class Action * Gibson Dunn Class Action Group Wins String of Victories in 2015 ********* AMERICAN ELDERCARE: Sued Over Failure to Pay Overtime Wages ----------------------------------------------------------- Marissa Batie-Collier, and Mary Sollenne, individually and on behalf of all others similarly situated v. American Eldercare, Inc. a/d/b/a Humana American Eldercare, Humana American Eldercare, Inc., and Humana, Inc., Case No. 4:15-cv-00586-RH-CAS (N.D. Fla., December 1, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants are in the business of providing managed care, including medical assistance and long term care, for eligible enrollees under the Medicaid program. The Plaintiff is represented by: Jeremiah J. Talbott, Esq. JEREMIAH J. TALBOTT, P.A. 900 East Moreno Street Pensacola, Fla. 32503 Telephone: (850) 437-9600 Facsimile: (850) 437-0906 (fax) E-mail: jjtalbott@talbottlawfirm.com - and - Sean Culliton, Esq. SEAN CULLITON, ESQ., LLC 150 John Knox Road Tallahassee, FL 32303 Telephone: (850) 385-9455 Facsimile: (850) 906-9455 E-mail: Sean.Culliton@gmail.com - and - John C. Davis, Esq. LAW OFFICE OF JOHN C. DAVIS 623 Beard Street Tallahassee, FL, 32303 Telephone: (850) 222-4770 Facsimile: (850) 222-3119 E-mail: john@johndavislaw.net AMERICAN GENERAL: "Carter" Class Suit Removed to E.D. Texas ----------------------------------------------------------- The class action lawsuit styled Anna Dickson and Jamie Carter, individually and on behalf of all others similarly situated v. American General Life Insurance Company, Case No. B-195107, was removed from the 60th Judicial District Court, Jefferson Co., Texas to the U.S. District Court, Eastern District of Texas (Beaumont). The District Court Clerk assigned Case No. 1:15-cv- 00465-MAC to the proceeding. American General Life Insurance Company operates an insurance company in Texas. The Plaintiff is represented by: Clint Wayne Lewis, Esq. LEWIS & ASSOCIATES Suite 402, 4180 Delaware Beaumont, TX 77706 Telephone: (409) 899-5600 Facsimile: (409) 899-5682 E-mail: lewislawyers@aol.com - and - Gary Neale Reger, Esq. ORGAIN BELL & TUCKER 470 Orleans St., 4th Floor, P.O. Box 1751 Beaumont, TX 77704-1751 Telephone: (409) 838-6412 Facsimile: (409) 838-6959 E-mail: gnr@obt.com - and - L DeWayne Layfield, Esq. ATTORNEY AT LAW P.O. Box 3829 Beaumont, TX 77704-3829 Telephone: (409) 832-1891 Facsimile: (409) 832-2156 E-mail: dewayne@layfieldlaw.com - and - Wayne A. Reaud, Esq. REAUD MORGAN & QUINN LLP P.O. Box 26005, 801 Laurel Street Beaumont, TX 77720-6005 Telephone: (409) 838-1000 Facsimile: (409) 813-1325 E-mail: rmq@rmqlawfirm.com The Defendant is represented by: Gilbert Timbrell Adams III, Esq. LAW OFFICES OF GILBERT T ADAMS 1855 Calder Ave at Third St., P.O. Drawer 3688 Beaumont, TX 77704-3688 Telephone: (409) 835-3000 Facsimile: (409) 832-6162 E-mail: gilbert@gta-law.com - and - James Monroe Chambers V, Esq. David Todd McDowell, Esq. EDISON, MCDOWELL & HETHERINGTON LLP 3200 Southwest Freeway, Suite 2100 Houston, TX 77027 Telephone: (713) 337-5580 Facsimile: (713) 337-8850 E-mail: david.mcdowell@emhllp.com james.chambers@emhllp.com APPLE INC: Judge Ends Class Suit, Saying Plaintiffs Were Puppets ---------------------------------------------------------------- Marisa Kendall, writing for The Recorder, reports that with harsh words for the lead plaintiffs lawyer, a federal judge tossed class claims against Apple Inc. over its AppleCare warranty plans. In an order denying class certification, U.S. District Judge William Orrick III in the Northern District of California took issue not only with the merits of the claims, but also with what he described as the "dubious manner" in which the litigation commenced and the "manifestly incompetent manner in which it has been conducted." Texas solo Renee Kennedy had claimed Apple misled iPhone customers by representing that its AppleCare plan provided for new phones to replace broken ones. The suit alleged that Apple instead provided some customers with used phones or phones that contained used parts, while packaging them in unmarked boxes designed to make the products appear new. According to Orrick's order, one of the original named plaintiffs in the case was Kennedy's paralegal when the suit was filed in 2013. Another plaintiff also worked for her. Both used Kennedy's money to buy Apple warranty plans five days before filing the lawsuit, according to Orrick's order. And per Kennedy's instructions, the paralegal plaintiff brought audio recorders into the Apple store to document her experience the day she bought the plan. While those plaintiffs dropped out of the litigation in January 2015, their prior involvement "continues to taint this case," Orrick wrote. He also faulted Kennedy for a "failure to comply with basic federal and local rules" and standing orders. Reached by phone, Kennedy declined to comment. Co-counsel John Parker of Cutter Law in Sacramento, who joined the case in July, said his team is disappointed. "I do not think that there was any issue as to the adequacy of class counsel in this case," he added. The order, which rejects the bid for class certification with prejudice, is a win for Apple's counsel at Morrison & Foerster, who had challenged the suit's legitimacy in part based on ties between Kennedy and the original named plaintiffs. Looking beyond the suit's inception, Orrick wrote that "none of [the plaintiff's] theories of liability support class certification." Fabrienne English claimed that she received "refurbished" iPhones to replace her broken phones, and that both began freezing soon after she brought them home. But an AppleCare director who analyzed company records said both phones were new, and English has provided no evidence to the contrary, Orrick wrote. AVVO INC: Illegally Advertises Class Members' Profile, Suit Says ---------------------------------------------------------------- Aaron H. Darsky, on behalf of himself and all others similarly situated v. Avvo, Inc., Case No. 3:15-cv-05495-HSG (N.D. Cal., December 1, 2015) arises out of the Defendant's alleged unlawful, unfair, or deceptive business practice of advertising the Plaintiff's and the Class members' names and likenesses without consent. Avvo, Inc. is in the business of creating an online directory of lawyers in the United States. The Plaintiff is represented by: Roy A. Katriel, Esq. THE KATRIEL LAW FIRM 4225 Executive Square Suite 600 La Jolla, CA 92037 Telephone: (858) 242-5642 Facsimile: (858) 430-3719 E-mail: rak@katriellaw.com BENQ CORP: Settlement Fairness Hearing Set for April 14 ------------------------------------------------------- Hon. Richard Seeborg for the Northern District of California, San Francisco, on Dec. 15, issued a revised order granting settlement class certification and preliminary approval of the class action settlement with defendants in In re Optical Disk Drive Products Antitrust Litigation, MDL No. 2143 (N.D. Cal.): (1) BenQ Corp. and BenQ America Corp.; (2) Pioneer Corp.; Pioneer North America, Inc; Pioneer Electronics (USA) Inc.; and Pioneer High Fidelity Taiwan Co., Ltd.; (3) Koninklijke Philips Electronics N.V.; Lite-On It Corp.; Philips & Lite-On Digital Solutions Corp.; and Philips & Lite-On Digital Solutions USA, Inc. -- PLDS; (4) Quanta Storage Inc. and Quanta Storage America, Inc. (5) Sony Corp.; Sony Optiarc, Inc.; Sony Optiarc America, Inc.; Sony NEC Optiarc Inc.; and Sony Electronics, Inc.; (6) TEAC Corp. and TEAC America, Inc.; and (7) Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; Toshiba Corp.; Toshiba America Information Systems, Inc.; Toshiba Samsung Storage Technology Corp.; and Toshiba Samsung Storage Technology Korea Corp. -- TSST The settlements provide for payments in these amounts: DEFENDANT GROUP SETTLEMENT AMOUNT --------------- ----------------- PLDS $15,000,000 TSST $9,200,000 Sony $6,000,000 BenQ $875,000 TEAC $1,325,000 QSI $400,000 Pioneer $4,200,000 ----------------- Total: $37,000,000 Pursuant to Federal Rule of Civil Procedure 23, the Court certifies the settlement class -- for purposes of this Motion only -- defined as: "All individuals and entities who, during the period from January 1, 2004 until at least January 1, 2010 (the "Class Period") purchased one or more Optical Disk Drives in the United States directly from the Defendants, their subsidiaries, or their affiliates. Excluded from the Class are Defendants and their parents, subsidiaries, affiliates, and all governmental entities. As used herein the term "Optical Disc Drive" includes (a) a drive sold by a Defendant or its subsidiary or affiliate as a separate unit that is to be inserted into, or incorporated in, an electronic device; (b) a drive sold by a Defendant or its subsidiary or affiliate as a separate unit that is to be attached to an electronic device through an external interface such as a Universal Serial Bus connection; and (c) an internal drive sold as a component of a laptop or desktop computer by a Defendant or its subsidiary or affiliate." The Court appoints the law firm of Saveri & Saveri, Inc. to serve as Class Counsel for the settlement class. Gilardi & Co. LLC serves as claims administrator. Each settlement class member shall have the right to be excluded from the settlement class by mailing a request for exclusion to the claims administrator no later than February 22, 2016. No later than March 7, 2016, Class Counsel shall file with the Court a list of all persons or entities who have timely requested exclusion from the settlement class as provided in the settlement agreements. Each settlement class member who has not timely excluded itself from the settlements shall have the right to object to (1) the settlements, and/or (2) the plan of allocation by filing written objections with the Court no later than February 22, 2016, copies of which shall be served on all counsel listed in the class notice. Failure to timely file and serve written objections will preclude a class member from objecting to any or all of the settlements. Each settlement class member shall have the right to appear at the Fairness Hearing by filing a Notice of Intention to Appear no later than February 22, 2016, copies of which shall be served on all counsel listed in the class notice. The Court will conduct a Fairness Hearing on April 14, 2016 at 1:30 p.m. All briefs, memoranda and papers in support of final approval of the settlements shall be filed no later March 24, 2016. On or before February 18, 2016, the Direct Purchaser Plaintiffs -- DPPs -- must file their motion for attorney's fees, expenses, and incentive awards. Class members shall have until March 10, 2016 to file any written objections to the Fee Motion. A hearing on the Fee Motion shall be held on April 14, 2016 at 1:30 p.m. 23. Each class member shall have until March 7, 2016 to submit a claim, either by mailing a completed claim form to Plaintiffs' claims administrator or by filling out an online claim form on the class website. Claims submitted in connection with the HLDS, Panasonic, and NEC settlements will automatically be included in this second round of claim submission. Class Counsel shall have until March 24, 2016 to file a response to any objections to the Fee Motion as well as a report on claims submitted. On the Net: http://www.odddirectpurchaserantitrustsettlement.com Interim Lead Counsel: Guido Saveri, Esq. R. Alexander Saveri, Esq. SAVERI & SAVERI, INC. 706 Sansome Street San Francisco, CA 94111 E-mail: guido@saveri.com rick@saveri.com Counsel for PLDS: Evan Werbel, Esq. John Taladay, Esq. BAKER BOTTS LLP 1299 Pennsylvania Ave. NW Washington, DC 20004 E-mail: evan.werby@bakerbott.com john.taladay@bakerbott.com Counsel for TSST: Daniel Murray Wall, Esq. Belinda S. Lee, Esq. Brendan A. Mcshane, Esq. LATHAM & WATKINS LLP 505 Montgomery St., Ste. 2000 San Francisco, CA 94111 E-mail: dan.wall@lw.com belinda.lee@lw.com brendan.mcshane@lw.com Counsel for Sony: John F. Cove, Jr., Esq. BOIES SCHILLER & FLEXNER LLP 1999 Harrison Street, Suite 900 Oakland, CA 94612 E-mail: jcove@bsfllp.com Counsel for Qisda Corporation, fka BenQ Corp, et al.: Joel B. Kleinman, Esq. Lisa M. Kaas, Esq. DICKSTEIN SHAPIRO LLP 1825 Eye Street NW Washington, DC 20006-540 E-mail: kleinmanj@dicksteinshapiro.com kaasl@dicksteinshapiro.com Counsel for TEAC: Mary Ellen Hennessy, Esq. Aharon S. Kaye, Esq. KATTEN MUCHIN ROSENMAN LLP 525 W. Monroe Street Chicago, IL 60661-3693 E-mail: maryellen.hennessy@kattenlaw.com aharon.kaye@kattenlaw.com Counsel for QSI: Keith A. Walter, Jr., Esq. DRINKER BIDDLE & REATH LLP 222 Delaware Avenue, Suite 1410 Wilmington, DE 19801 Counsel for Pioneer: Eric P. Enson, Esq. JONES DAY 555 South Flower Street, Fiftieth Floor Los Angeles, CA 90071 E-mail: epenson@jonesday.com Counsel for Samsung: Ian Simmons, Esq. James M. Pearl, Esq. O'MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 E-mail: isimmons@omm.com jpearl@omm.com BIRMINGHAM WATER: "Isom" Suit Seeks to Recover Unpaid Overtime -------------------------------------------------------------- Allen Isom v. Birmingham Water Works Board, Case No. 2:15-cv- 02170-AKK (N.D. Ala., November 26, 2015) seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. Birmingham Water Works Board operates the City of Birmingham water system. The Plaintiff is represented by: Lee Winston, Esq. Roderick T. Cooks, Esq. WINSTON COOKS, LLC 2 North 20th Street Birmingham, AL 35203 Telephone: (205) 502-0970 Facsimile: (205) 251-0231 E-mail: lwinston@winstoncooks.com BLUE CROSS: Quality Dialysis Alleges Violation of Antitrust Law --------------------------------------------------------------- Quality Dialysis One, L.L.C., f/k/a Quality Dialysis One, L.P., and Quality Dialysis Two, L.P. v. Blue Cross and Blue Shield of Alabama; Anthem, Inc.; Health Care Service Corporation; Cambia Health Solutions, Inc.; CareFirst, Inc. Premera Blue Cross; Premera Blue Cross and Blue Shield of Alaska; Blue Cross Blue Shield of Arizona, Inc.; USAble Mutual Insurance Company, d/b/a Arkansas Blue Cross and Blue Shield; Blue Cross of California d/b/a Anthem Blue Cross; California Physicians' Service, Inc. d/b/a Blue Shield of California; Rocky Mountain Hospital and Medical Service, Inc., d/b/a Anthem Blue Cross and Blue Shield of Colorado; Anthem Health Plans, Inc. d/b/a Anthem Blue Cross and Blue Shield of Connecticut; Highmark, Inc.; Highmark BCBSD, Inc. d/b/a Highmark Blue Cross and Blue Shield Delaware; Group Hospitalization and Medical Services, Inc. d/b/a CareFirst BlueCross BlueShield; Blue Cross and Blue Shield of Florida, Inc.; Blue Cross and Blue Shield of Georgia, Inc.; Hawaii Medical Service Association d/b/a Blue Cross and Blue Shield of Hawaii; Blue Cross of Idaho Health Service, Inc.; Regence BlueShield of Idaho, Inc.; Blue Cross and Blue Shield of Illinois; Anthem Insurance Companies, Inc. d/b/a Anthem Blue Cross and Blue Shield of Indiana; Wellmark Inc. d/b/a/ Wellmark Blue Cross and Blue Shield of Iowa; Blue Cross and Blue Shield of Kansas, Inc.; Anthem Health Plans of Kentucky, Inc. d/b/a Anthem Blue Cross and Blue Shield of Kentucky; Louisiana Health Service and Indemnity Company d/b/a/ Blue Cross and Blue Shield of Louisiana; Anthem Health Plans of Maine, Inc., d/b/a Anthem Blue Cross and Blue Shield of Maine; CareFirst of Maryland, Inc. d/b/a CareFirst BlueCross BlueShield; Blue Cross and Blue Shield of Massachusetts, Inc.; Blue Cross and Blue Shield of Michigan; BCBSM, Inc. d/b/a/ Blue Cross and Blue Shield of Minnesota; Blue Cross Blue Shield of Mississippi; HMO Missouri, Inc. d/b/a Anthem Blue Cross and Blue Shield of Missouri; Blue Cross and Blue Shield of Kansas City, Inc.; Blue Cross and Blue Shield of Montana; Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc.; Blue Cross and Blue Shield of Nebraska; Anthem Blue Cross and Blue Shield of Nevada, Anthem Health Plans of New Hampshire, Inc. d/b/a Anthem Blue Cross and Blue Shield of New Hampshire; Horizon Health Care Services, Inc. d/b/a Horizon Blue Cross and Blue Shield of New Jersey; Blue Cross and Blue Shield of New Mexico; HealthNow New York, Inc.; Blue Shield of Northeastern New York; Blue Cross and Blue Shield of Western New York, Inc.; Empire Health Choice Assurance Inc. d/b/a Empire Blue Cross Blue Shield; Excellus Health Plan, Inc. d/b/a Excellus BlueCross BlueShield; Blue Cross and Blue Shield of North Carolina, Inc.; Noridian Mutual Insurance Company d/b/a Blue Cross Blue Shield of North Dakota; Community Insurance Company d/b/a Anthem Blue Cross and Blue Shield of Ohio; Blue Cross and Blue Shield of Oklahoma; Regence BlueCross BlueShield of Oregon; Hospital Service Association of North Eastern Pennsylvania d/b/a Blue Cross of North Eastern Pennsylvania; Capital Blue Cross; Highmark Health Services, Inc. d/b/a Highmark Blue Cross Blue Shield and d/b/a Highmark Blue Shield; Independence Blue Cross; Triple-S Salud, Inc.; Blue Cross and Blue Shield of Rhode Island; BlueCross BlueShield of South Carolina Inc.; Wellmark of South Dakota, Inc. d/b/a Wellmark Blue Cross and Blue Shield of South Dakota; BlueCross BlueShield of Tennessee, Inc.; Blue Cross and Blue Shield of Texas; Regence BlueCross BlueShield of Utah; Blue Cross and Blue Shield of Vermont; Anthem Health Plans of Virginia, Inc. d/b/a Anthem Blue Cross and Blue Shield of Virginia, Inc.; Regence BlueShield; Highmark West Virginia, Inc. d/b/a Highmark Blue Cross Blue Shield West Virginia; Blue Cross Blue Shield of Wisconsin d/b/a Anthem Blue Cross and Blue Shield of Wisconsin; Blue Cross Blue Shield of Wyoming; Consortium Health Plans, Inc.; National Account Service Company, L.L.C.; and Blue Cross and Blue Shield Association, Case 4:15-cv-03491 (S.D.Tex., December 12, 2015), alleges that Defendants have agreed with each other to carve the United States into "Service Areas" in which only one Blue can sell insurance, administer employee benefit plans or contract with healthcare providers in violation of federal antitrust laws and Texas state laws. The Blues provide health insurance coverage for approximately 100 million people in the United States. The Plaintiff is represented by: Earnest W. Wotring, Esq. David George, Esq. Karen Dow, Esq. BAKER WOTRING LLP 700 JPMorgan Chase Tower 600 Travis Street Houston, TX 77002 Phone: (713) 980-1700 Fax: (713) 980-1701 E-mail: ewotring@bakerwotring.com dgeorge@bakerwotring.com kdow@bakerwotring.com - and - Joe R. Whatley, Jr.., Esq. W. Tucker Brown., Esq. WHATLEY KALLAS, LLP 2001 Park Place North 1000 Park Place Tower Birmingham, AL 35203 Phone: (205) 488-1200 Fax: (800) 922-4851 E-mail: jwhatley@whatleykallas.com tbrown@whatleykallas.com - and - Edith M. Kallas WHATLEY KALLAS, LLP 380 Madison Avenue, 23rd Floor New York, NY 10017 Phone: (212) 447-7060 Fax: (800) 922-4851 E-mail: ekallas@whatleykallas.com - and - Dennis C. Reich, Esq. REICH & BINSTOCK, LLP 4265 San Felipe, Suite 1000 Houston, TX 77027 Phone: (713) 622-7271 Fax: (713) 623-8724 E-mail: dreich@rbfirm.net BRENNAN & CLARK: Illegally Collects Debt, "Lieufatt" Suit Says -------------------------------------------------------------- Yucklyn Lieufatt, on behalf of herself individually and all others similarly situated v. Brennan & Clark Ltd., LLC, Case No. 1:15-cv- 06794 (E.D.N.Y., November 28, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Brennan & Clark Ltd., LLC operates a debt collection agency in New York. The Plaintiff is represented by: Novlette Rosemarie Kidd, Esq. FAGENSON & PUGLISI 450 Seventh Avenue, Suite 3302 New York, NY 10123 Telephone: (212) 268-2128 Facsimile: (212) 268-2127 E-mail: nkidd@fagensonpuglisi.com CAVALRY PORTFOLIO: Illegally Collects Debt, Action Claims --------------------------------------------------------- Heshy Mendelsohn, on behalf of himself and all other similarly situated consumers v. Cavalry Portfolio Services, LLC, Case No. 1:15-cv-06791 (E.D.N.Y., November 26, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Cavalry Portfolio Services, LLC is engaged in the acquisition and management of non-performing consumer loan portfolios. The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, ATTORNEY AT LAW 483 Chestnut Street Cedarhurst, NY 11516 Telephone: (516) 791-4400 Facsimile: (516) 791-4411 E-mail: fishbeinadamj@gmail.com CARNEGIE PARK: Sued Over Lease Renewal and Protection Policies -------------------------------------------------------------- Joseph Quenqua and "Jane Does #1-100", on their own behalf, and on behalf of those similarly situated v. Carnegie Park Associates, L.P., Carnegie Park Tower, LLC, The Related Companies, L.P., 184 Kent Owner, LLC and "John Does #1-100", Case No. 514588/2015 (N.Y. Super. Ct., December 1, 2015) seeks damages, injunctive relief and other appropriate relief on behalf of the Class members who have been evicted or will be evicted from the premises they reside in and who were not given lease renewals and protection from unconscionable rent increases. The Defendants are all real estate developers who converted or are converting a building or a group of buildings in New York City from residential rental status to cooperative or condominium ownership. The Plaintiff is represented by: Marc J. Held, Esq. HELD & HINES, LLP 2004 Ralph Avenue Brooklyn, NY 11234 Telephone: (718) 531-9700 E-mail: mheld@heldhines.com CHICAGO: Law Students Aid Victims of Decades-Old Police Torture --------------------------------------------------------------- Karen Sloan, writing for The National Law Journal, reports that two Chicago law schools have played key roles in obtaining justice for those tortured during the tenure of former Chicago police commander Jon Burge, the latest of which is a $5.5 million payment by the city on Jan. 4 to 57 people. The recent payment follows more than two decades of investigations and lawsuits over the conduct of Burge from 1972 to 1991. So far, the city has paid more than $100 million to victims. Students and professors at Chicago-Kent College of Law and Loyola University Chicago School of Law have helped dozens of victims who were tortured into confessions by Burge's cabal of detectives -- a group that became known as "The Midnight Crew." Chicago-Kent created a reparations clinic after the Chicago City Council in May appointed professor Daniel Coyne as an independent third party to evaluate the claims of those who said they were tortured by police under Burge and determine if they were eligible for settlements under the $5.5 million the city had set aside. Coyne and six Chicago-Kent students reviewed 65 torture claims and determined that 22 were eligible for reparations under the ordinance. "The people with credible claims deserved the acknowledgement that they had been terribly wronged and to know that someone out there cares," said Ian Barnes, a May graduate of Chicago-Kent who now works as a public defender. He volunteered for the reparations clinic last summer. Loyola dean David Yellen has been reviewing Burge-related torture claims made by prison inmates to determine whether they should be given a postconviction review. About a dozen Loyola law students have assisted Yellen in reviewing more than 500 letters and files over nearly two years. Yellen, who was appointed in 2014 by a local judge as a special master to identify torture victims, said he expects to conclude his review in about a month. Thus far, he and his students have identified 15 inmates with credible torture claims whose cases will be handled pro bono by Chicago-area law firms. "It's a different version of the same lesson that the country as a whole is learning today," Yellen said of the highly publicized Burge scandal. "Having effective, good policing is incredibly important, but there needs to be appropriate oversight and discipline. For far too long police departments were essentially unwilling to regulate the officers on the streets." Burge oversaw detective squads in two police areas beginning in the early 1970s, and allegations of torture -- predominately by poor, black suspects -- emerged early on. But Burge faced little official scrutiny until the late eighties. He was acquitted of police brutality in 1989, but was fired in 1993 when a review board determined that he had tortured suspects. Numerous subsequent investigations and lawsuits revealed that Burge's detectives used torture techniques likely to be undetected, including electrical devices such as cattle prods in order to coerce confessions. "It wasn't old-fashioned, throw-a- guy-against-a-wall stuff," Yellen said. "It was stuff that was excruciating but didn't leave marks." A special prosecutor documented more than 100 incidents of torture, but the statute of limitations lapsed and Burge never faced criminal charges for the torture. (He served three years in prison for perjury.) "People were looking the other way because of the criminal justice system," Coyne said. "You've got judges having to decide on claims of torture, but the things people were describing were so horrific that no one could believe it was really happening in a civil society." The city council in 2014 approved the ordinance that established the reparations fund and psychological counseling and job training for Burge's victims and their families. The ordinance also created a memorial to them. Yellen said the Loyola students assisting his review have found the experience to be "interesting, depressing and rewarding." They have been looking for inmates who confessed to crimes during the Burge era and who previously made torture claims, but who have not yet received a postconviction review with counsel. Because the statue of limitations has lapsed, Burge's victims can no longer bring civil suits. "The unanswered question is: 'How much similar stuff was being done by other cops in Chicago?' Yellen said. "We'll never know." CHIP-TECH: Capacitor Price-Fixing Class Action Narrowed ------------------------------------------------------- Nicholas Iovino, writing for Courthouse News, reports that a federal judge dumped non-California law claims from an antitrust class action accusing major tech firms of conspiring to fix the prices of capacitors, a common component in most electronic devices. The consolidated class action stems in part from a complaint filed by lead plaintiff Chip-Tech in July 2014 against a slew of corporations including Panasonic, Hiatchi, Samsung, NEC, ROHM and others. In his Dec. 30 ruling, U.S. District Judge James Donato found indirect buyers of capacitors lacked standing to sue over claims arising from antitrust and consumer protection laws in 21 states other than California. The indirect buyers claimed one of their named plaintiffs, the liquidating trustee of the now-bankrupt Circuit City Stores, received deliveries of price-fixed capacitors in 21 states and therefore established standing to sue. But Donato found the capacitors were actually purchased in Virginia and receiving deliveries of price-fixed goods is not enough to establish Article III standing. The judge ruled that two individual indirect buyer plaintiffs residing in other states failed to establish standing as well because there was no evidence that they bought a product containing a price-fixed capacitor. "Merely living in a state, even one where price-fixing conduct occurred, is not a basis for standing if the plaintiff did not actually pay a supracompetitive price there for the accused product," Donato wrote in his 19-page ruling. "Standing does not arise simply because illegality is in the air." The judge also refused to grant Hitachi Chemical Co. America's motion to dismiss indirect buyer claims, finding the plaintiffs adequately alleged the company was established "to effectuate and achieve the cartel's aims and purposes" for the benefit of its Japanese parent firm. Specifically, the plaintiffs obtained evidence through discovery that showed a Hitachi corporate officer represented the interests of the "entire corporate family" in meetings with companies taking part in the conspiracy, according to the ruling. Donato also rejected an additional five motions to dismiss the direct buyers' consolidated class action brought by Hitachi Chemical Co. America, AVX Corporation, Holy Stone Enterprises, Milestone Global Technology and Shizuki Electric. However, the judge did dismiss one defendant, American Shizuki Corporation, from the direct buyers' class action, finding allegations against the American subsidiary were "too paltry." American Shuziki's motion to dismiss was granted with leave for plaintiffs to amend. The indirect buyers were given until Jan. 27 to file an amended complaint to fix standing issues with their non-California state law claims against the defendants. A hearing on class certification motions has been scheduled for July 20, 2016. Panasonic and other technology firms are also fighting similar antitrust class actions for their alleged roles in conspiracies to fix the prices of lithium ion batteries and electronic resistors. CITIGROUP: Judge Accepts Settlement of $1.1-Bil. for Bond Losses ---------------------------------------------------------------- Ben Bedell, writing for New York Law Journal, reports that a Manhattan Commercial Division judge approved a $1.125 billion settlement between Citigroup and investors who lost $15 billion by buying mortgage-backed bonds issued by Citigroup prior to the 2008 financial crisis. Justice Marcy Friedman declared the settlement, negotiated by 18 institutional investors who held 30 percent of the bond investments, to be "reasonable." The settlement in In the Matter of the Application of U.S. Bank National Association, 653902/2014, also provides that Gibbs & Bruns, the Houston, Texas-based law firm that represented the investors, will receive an additional $41 million from Citigroup. Citigroup and the investors employed a little-utilized proceeding under CPLR Article 7701 that allows a court to affirm a trust's decision to compromise claims made on behalf of the trust's beneficiaries -- in this case, the bondholders. The Appellate Division, First Department, approved the procedure's application to residential mortgage-backed securities cases in 2014 in Policemen's Annuity & Benefit Fund of the City of Chicago, 127 AD3d 120, also known as the "Countrywide decision." The settlement was reached in April 2014 after eight months of negotiations, Friedman said. "Despite an extensive, court-ordered notice program, no investor or other interested person has filed an objection or other papers in opposition to the petition," she noted. The investors agreed to waive all claims against Citigroup. Friedman determined that there was no evidence that "the trustees acted in their self-interest or in the interests of Citigroup or of the institutional investors, rather than in the interests of the investors generally." The trusts were created by Citigroup as a vehicle for selling mortgage-backed securities to nonpublic "private label" investors. The trustees were represented by Morgan Lewis & Bockius partner James Moore. COLLINS ASSET: Accused of Wrongful Conduct Over Debt Collection --------------------------------------------------------------- Feige Fekete, on behalf of herself and all other similarly situated consumers v. Collins Asset Group, LLC, Case No. 1:15-cv- 06805-PKC-PK (E.D.N.Y., November 30, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Collins Asset Group, LLC provides strategic acquisition and debt portfolio sales services. The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, ATTORNEY AT LAW 483 Chestnut Street Cedarhurst, NY 11516 Telephone: (516) 791-4400 Facsimile: (516) 791-4411 E-mail: fishbeinadamj@gmail.com CONWAY, AK: To Appeal Status of Police, Firefighter Suit -------------------------------------------------------- Debra Hale-Shelton, writing for Northwest Arkansas Democrat Gazette, reports that the city plans to appeal a circuit judge's decision granting class-action status to a lawsuit accusing Conway of breaching its salary contract with police officers and firefighters. In a notice filed in Faulkner County Circuit Court, attorneys representing the city said they intend to take the issue to the Arkansas Supreme Court. Attorney Justin Eichmann, one of the lawyers representing the city, said that the lawsuit's plaintiffs argue that "the pay grid constituted a contract" and that "oral promises ... were made that established the contract." "We do not think the nature of [an oral contract] lends itself to class certification because it's so different how each person learned of or might have heard about that contract," Eichmann said. Attorney Tom Thrash, who represents the plaintiffs, said the appeal will only delay the recovery of unpaid wages by police and firefighters. "We do not believe the appeal has any merit," Thrash said. Eichmann said the appeal was not a delay tactic and that it would be best to resolve the class-action issue now. In December, Circuit Judge Troy Braswell granted class-action status to the police and firefighters but dismissed an allegation against the city of illegal exaction by unlawfully using money from a 0.25 percent sales tax approved in 2001 for purposes other than the reason plaintiffs say it was intended - to improve employee salaries. The class action applies to more than 100 firefighters and to more than 130 police officers employed by the city between Dec. 2, 2001, and Dec. 31, 2012, Thrash has said. Claims against the city would total an estimated $1.5 million if the lawsuit succeeds, he said. Filed in 2012 by police officer Richard Shumate Jr. and firefighter Damon Reed, the lawsuit originally was on behalf of all city employees, although later it was narrowed to police and firefighters because of class-action requirements. Thrash has argued that the firefighters and officers received step raises for a time after the sales tax's approval but didn't get them in 2010, 2011 and 2012 -- a period when the city encountered severe financial problems. According to the appeal notice, filed in circuit court, the city can appeal a class-action ruling directly from circuit court to the Arkansas Supreme Court under the Arkansas Rules of Civil Procedure. The city has 90 days to file the appeal unless the high court grants an extension. CSX INTERMODAL: "Ledesma" Class Suit Removed to S.D. California --------------------------------------------------------------- The class action lawsuit captioned Nora Ledesma, Manuel Ledesma, individually on behalf of themselves and on behalf of all others similarly situated v. CSX Intermodal Terminals, Inc. and Does 1 through 10, inclusive, Case No. 37-02015-00033879-CU-OE-CTL, was removed from the Superior Court, County of San Diego, Central Division to the U.S. District Court Southern District of California (San Diego). The District Court Clerk assigned Case No. 3:15-cv-02672-AJB-BLM to the proceeding. The Plaintiffs assert labor-related claims. CSX Intermodal Terminals, Inc. provides and arranges for the intermodal terminal services and trucking services. The Plaintiff is represented by: Paul T. Cullen, Esq. THE CULLEN LAW FIRM APC 29229 Canwood Street, Suite 208 Agoura Hills, CA 91301-1555 Telephone: (626) 744-9125 Facsimile: (626) 744-9436 E-mail: paul@cullenlegal.com The Defendant is represented by: Linda Auerbach Allderdice, Esq. HOLLAND & KNIGHT LLP 633 West Fifth Street, 21st Floor Los Angeles, CA 90071 Telephone: (213) 896-2422 Facsimile: (213) 896-2450 E-mail: linda.allderdice@hklaw.com DELIVERY DUDES: Faces "Attai" Suit Over Failure to Pay Overtime --------------------------------------------------------------- Justin Attai, on behalf of himself and all others similarly situated v. Delivery Dudes, LLC, et al., Case No. 0:15-cv-62522-BB (S.D. Fla., December 1, 2015) is brought against the Defendants for failure to pay minimum and overtime wages in violation of the Fair Labor Standard Act. Delivery Dudes, LLC operates a restaurant food delivery service company in Miami, Florida. The Plaintiff is represented by: R. Edward Rosenberg, Esq. MORGADO, P.A. 1 Alhambra Plaza, PH Floor Coral Gables, FL 33134 Telephone: (855) 899-9121 Facsimile: (855) 899-9191 E-mail: rer@morgado.us ERBA DIAGNOSTICS: Sued in Fla. Over Misleading Financial Reports ---------------------------------------------------------------- Abel M. Brown, Jr., Individually and on Behalf of All Others Similarly Situated v. Erba Diagnostics, Inc., Mohan Gopalkrishnan, ernesina scala, Sanjiv Suri, and Prakash Patel, Case No. 1:15-cv-24425-CMA (S.D. Fla., December 1, 2015) alleges that the Defendants made false and misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Erba Diagnostics, Inc. develops, manufactures, and markets diagnostic test kits or assays, and automated systems that are used to aid in the detection of disease markers primarily in the areas of autoimmune, infectious diseases, clinical chemistry, hematology, and diabetes testing. The Plaintiff is represented by: Jayne A. Goldstein, Esq. POMERANTZ LLP 1792 Bell Tower Lane, Suite 203 Weston, FL 33326 Telephone: (954) 315-3454 Facsimile: (954) 315-3455 E-mail: jagoldstein@pomlaw.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. Marc C. Gorrie, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com mgorrie@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com FACEBOOK INC: $20 Million Privacy Settlement Clears 9th Cir. ------------------------------------------------------------ Cheryl Miller, writing for The Recorder, reports that the U.S. Court of Appeals for the Ninth Circuit upheld a $20 million class action settlement that resolved privacy claims against Facebook Inc. over a feature that posted users names and images along with advertising promotions. The so-called "sponsored stories" settlement, approved in 2013 by U.S. District Judge Richard Seeborg of the Northern District of California, allotted $15 to each claimant and reserved roughly $2 million for cy pres recipients. Objectors had hoped the case would be a vehicle to limit the use of charitable donations as part of class action settlements. But Circuit Judges William Fletcher and Marsha Berzon sanctioned the deal's cy pres component, finding no fault in Seeborg's conclusion that the nonprofits selected to receive donations were suitable and worked to advance causes closely tied to the case. The objectors, led by Massachusetts lawyer John Pentz, landed their argument with Judge Carlos Bea, who authored a seven-page dissent calling the cy pres award arbitrary. Bea said the district court could have increased the payout to claimants instead of providing "a huge windfall" to the designated nonprofits. "I would not undo the entire agreement, he wrote. "Instead I would vacate the district court's decision and remand with instructions to set a per-claimant distribution that would exhaust the net settlement fund." Bea also wrote that he would have granted legal fees to objector Sam Kazman, general counsel of the Competitive Enterprise Institute, who successfully petitioned to reduce the fees awarded to class counsel. Seeborg should have considered objector Kazman's billing records, Bea asserted, before dismissing his fee request as de minimis. Facebook was represented by attorneys from Cooley and Munger, Tolles & Olson in the appellate litigation. Counsel referred requests for comment to Facebook, which issued a one-sentence response: "We are pleased with the court's ruling." In 2011, plaintiffs challenged Facebook's Sponsored Stories feature for publicizing users' "likes" of advertisers without any compensation or method to opt out. Ruling on a set of objections raised by attorneys for underage Facebook users, the panel concluded that the settlement "does not clearly authorize continued violations of" privacy laws by allowing the site to continue using kids' names and images in advertising. Under the 2013 agreement, Facebook made changes to its terms and conditions that, despite the elimination of Sponsored Stories in 2014, still allow the company to use kids' actions on the social network in advertising unless a parent objects. "It is not clear whether Facebook's use of minors' names and likenesses in Sponsored Stories violated California law," the panel wrote. "It is also not clear whether the settlement at issue -- which provides more protection for minors from Facebook's advertising practices than existed before -- violates state law. The district court did not abuse its discretion in approving the settlement in the face of this uncertainty." Scott Michaelman, an attorney with the Public Citizen Litigation Group in Washington, D.C., who represents parents of teenage class members, said his group was dismayed. "We're disappointed that the court approved the settlement that allows Facebook to continue violating the laws in seven states that require parental consent," Michaelman said. FITBIT: Fitness Trackers Are Inaccurate, Suit Says -------------------------------------------------- Jason Cipriani, writing for Fortune, reports that Fitbit is having a bad week. The maker of fitness trackers premiered a smartwatch, the Blaze. Shortly after, the company's shares "FIT" tumbled, ending the day down 18%. Now, Fitbit is facing a class action lawsuit alleging that its heart rate monitoring technology -- which it calls PurePulse -- is inaccurate, as first reported by The Verge. Such technology is found in its Charge HR and Surge devices, as well as the newly announced Blaze. Essentially, Fitbit uses LED lights to monitor blood flow through a user's wrist and, by using algorithms, can determine a user's heart rate. Similar technology is used in the Apple Watch, along with several more competing smartwatches and fitness trackers. According to the suit, three different plaintiffs said they bought Fitbit devices based off the company's advertised promise that it accurately tracked heart rates. Fitbit's advertising materials often contain phrases such as "every beat counts" and "know your heart" in relation to the heart monitoring technology. One participant in the suit had a trainer manually count her heart rate during a workout. Her trainer recorded a heart rate of 160 beats per minute (bpm) while her Fitbit Charge HR indicated her heart rate was only 82 beats per minute, according to the filing. Two other plaintiffs are mentioned in the suit, each citing similar experiences with a Fitbit PurePulse-equipped product. The suit goes on to say that a cardiologist, who used an electrocardiogram machine to compare results, found Fitbit's heart rate sensor consistently reported inaccurate results. With a heart rate of 110 bpm or higher, the suit states the Fitbit devices often failed to record a heart rate at all. When a heart rate was captured, the reading was off by an average of 24.34 bpm, the suit said. When contacted by Fortune, Fitbit provided the following comment: "We do not believe this case has merit. Fitbit stands behind our heart rate technology and strongly disagrees with the statements made in the complaint and plans to vigorously defend the lawsuit. Fitbit is committed to making the best clip and wrist-based activity trackers on the market. Our team has performed and continues to perform internal studies to validate our products' performance. PurePulse provides better overall heart rate tracking than cardio machines at the gym, as it tracks your heart rate continuously -- even while you're not at the gym or working out. But it's also important to note that Fitbit trackers are designed to provide meaningful data to our users to help them reach their health and fitness goals, and are not intended to be scientific or medical devices." GELATO FRESCO: Recalls Toasted Hazelnut Dairy Ice Cream ------------------------------------------------------- Starting date: November 20, 2015 Type of communication: Recall Alert sub-type: Food Recall Warning (Allergen) Subcategory: Allergen - Tree Nut Hazard classification: Class 2 Source of recall: Canadian Food Inspection Agency Recalling firm: Gelato Fresco Distribution: Ontario Extent of the product distribution: Retail CFIA reference number: 10176 Gelato Fresco is recalling Gelato Fresco brand Toasted Hazelnut Dairy Ice from the marketplace because it may contain almond which is not declared on the label. People with an allergy to almond should not consume the recalled product described below. Check to see if you have the recalled product in your home. Recalled products should be thrown out or returned to the store where they were purchased. If you have an allergy to almond, do not consume the recalled product as it may cause a serious or life-threatening reaction. There have been no reported reactions associated with the consumption of this product. This recall was triggered by Canadian Food Inspection Agency (CFIA) test results. The CFIA is conducting a food safety investigation, which may lead to the recall of other products. If other high-risk products are recalled, the CFIA will notify the public through updated Food Recall Warnings. The CFIA is verifying that industry is removing recalled product from the marketplace. Brand Common Size Code(s) on UPC name name ---- product --- ---- ------ ---------- Gelato Toasted Hazelnut 500 ml 4745 0 67902 50002 1 Fresco Dairy Ice Pictures of the Recalled Products available at: http://is.gd/GMgUKd GIRARDIN: Recalls MBII School Buses Due to Non-compliance --------------------------------------------------------- Starting date: November 16, 2015 Type of communication: Recall Subcategory: School Bus Notification type: Compliance Mfr System: Structure Units affected: 2 Source of recall: Transport Canada Identification number: 2015541TC ID number: 2015541 Certain buses may not comply with Canada Motor Vehicle Safety Standard 220 - Rollover Protection. Roof crush testing, required by the standard, was not correctly performed by the manufacturer, which could result in the vehicles not meeting roof strength requirements of the standard. This could increase the risk of injury to vehicle occupants in a rollover. Correction: To be determined. Make Model Model year(s) affected ---- ----- ---------------------- GIRARDIN MBII SCHOOL BUS 2012, 2013, 2014, 2015 GLEN ECHO: Recalls Inverloch Cheddar Cheese Due to Listeria ----------------------------------------------------------- Starting date: November 20, 2015 Type of communication: Recall Alert sub-type: Food Recall Warning Subcategory: Microbiological - Listeria Hazard classification: Class 1 Source of recall: Canadian Food Inspection Agency Recalling firm: Glen Echo Fine Foods Distribution: Ontario Extent of the product distribution: Retail Glen Echo Fine Foods is recalling Inverloch Cheddar Cheese imported from Scotland from the marketplace due to possible Listeria monocytogenes contamination. Consumers should not consume the recalled products described below. Check to see if you have recalled products in your home. Recalled products should be thrown out or returned to the store where they were purchased. Food contaminated with Listeria monocytogenes may not look or smell spoiled but can still make you sick. Symptoms can include vomiting, nausea, persistent fever, muscle aches, severe headache and neck stiffness. Pregnant women, the elderly and people with weakened immune systems are particularly at risk. Although infected pregnant women may experience only mild, flu-like symptoms, the infection can lead to premature delivery, infection of the newborn or even stillbirth. In severe cases of illness, people may die. There have been no reported illnesses associated with the consumption of these products. This recall was triggered by the company. The Canadian Food Inspection Agency (CFIA) is conducting a food safety investigation, which may lead to the recall of other products. If other high-risk products are recalled, the CFIA will notify the public through updated Food Recall Warnings. The CFIA is verifying that industry is removing recalled product from the marketplace. Brand Common Size Code(s) on UPC name name ---- product --- ---- ------ ---------- Isle of Laird's Mustard 1 kg 10-03-16 5 060020 410338 Kintyre Mature Cheddar & Whole Grain Mustard Isle of Applesmoke 900 g 3-03-16 5 060020 410260 Kintyre Mature Cheddar Pictures of the Recalled Products available at: http://is.gd/iqic9P GLEN ECHO: Expands Inverloch Cheddar Cheese Recall -------------------------------------------------- Starting date: November 21, 2015 Type of communication: Recall Alert sub-type: Updated Food Recall Warning Subcategory: Microbiological - Listeria Hazard classification: Class 1 Source of recall: Canadian Food Inspection Agency Recalling firm: Glen Echo Fine Foods Distribution: Alberta, Newfoundland and Labrador, Ontario, Possibly National, Quebec, Saskatchewan Extent of the product distribution: Retail CFIA reference number: 10179 The food recall warning issued on November 20, 2015 has been updated to include additional distribution information. This additional information was identified during the Canadian Food Inspection Agency's (CFIA) food safety investigation. Glen Echo Fine Foods is recalling Inverloch Cheddar Cheese imported from Scotland from the marketplace due to possible Listeria monocytogenes contamination. Consumers should not consume the recalled products described below. Check to see if you have recalled products in your home. Recalled products should be thrown out or returned to the store where they were purchased. Food contaminated with Listeria monocytogenes may not look or smell spoiled but can still make you sick. Symptoms can include vomiting, nausea, persistent fever, muscle aches, severe headache and neck stiffness. Pregnant women, the elderly and people with weakened immune systems are particularly at risk. Although infected pregnant women may experience only mild, flu-like symptoms, the infection can lead to premature delivery, infection of the newborn or even stillbirth. In severe cases of illness, people may die. There have been no reported illnesses associated with the consumption of these products. This recall was triggered by the company. The Canadian Food Inspection Agency (CFIA) is conducting a food safety investigation, which may lead to the recall of other products. If other high-risk products are recalled, the CFIA will notify the public through updated Food Recall Warnings. The CFIA is verifying that industry is removing recalled product from the marketplace. Brand Common Size Code(s) on UPC name name ---- product --- ---- ------ ---------- Isle of Laird's Mustard 1 kg 10-03-16 5 060020 410338 Kintyre Mature Cheddar & Whole Grain Mustard Isle of Applesmoke 900 g 3-03-16 5 060020 410260 Kintyre Mature Cheddar GLOBAL CREDIT: Accused of Wrongful Conduct Over Debt Collection --------------------------------------------------------------- Ruth Roth, on behalf of herself and all other similarly situated consumers v. Global Credit & Collection Corp., Case No. 1:15-cv- 06789-KAM-PK (E.D.N.Y., November 26, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Global Credit & Collection Corp. operate a debt collection firm in New York. The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, ATTORNEY AT LAW 483 Chestnut Street Cedarhurst, NY 11516 Telephone: (516) 791-4400 Facsimile: (516) 791-4411 E-mail: fishbeinadamj@gmail.com GOSHEN: Recalls Multiple Bus Models Due to Injury Risk ------------------------------------------------------ Starting date: November 16, 2015 Type of communication: Recall Subcategory: Motorhome Notification type: Compliance Mfr System: Seats And Restraints Units affected: 150 Source of recall: Transport Canada Identification number: 2015543TC ID number: 2015543 On certain buses, the 2 point passenger seat belts installed on the passenger seats could become frayed from rubbing against the inboard seat bracket edge. A frayed seat belt may fail to properly restrain the occupant in the event of a crash which would increase the risk of injury. Correction: Dealers will inspect and replace any frayed seat belts. A protective cover will also be added to the seat belts. Make Model Model year(s) affected ---- ----- ---------------------- GOSHEN GC II 2013, 2013, 2014, 2015, 2013, 2014, 2015, 2013, 2014, 2015, 2013, 2014, 2015 GOSHEN G-FORCE 2013, 2014, 2015 GOT CAPITAL: Korea Week Class Suit Removed to E.D. Pennsylvania --------------------------------------------------------------- The class action lawsuit captioned Korea Week, Inc., on behalf of itself and the class of all those similarly situated v. Got Capital, LLC a/b/d/a Yalber, et al., Case No. 151002821, was removed from the Philadelphia County Court to the United States District Court Eastern District of Pennsylvania (Philadelphia). The District Court Clerk assigned Case No. 2:15-cv-06351-MAK to the proceeding. The case asserts violation of the Truth in Lending Act. Got Capital, LLC operates an asset management firm in Philadelphia. The Plaintiff is represented by: Korea Week, Inc. PRO SE 753 W. Cheltenham Avenue Philadelphia, PA 19027 The Defendant is represented by: Scott R. Lipson, Esq. TALLMAN HUDDERS AND SORRENTINO, P.C. The Paragon Centre 1611 Pond Road, Suite 300 Allentown, PA 18104-2256 Telephone: (610) 391-1800 Facsimile: (610) 391-1805 E-mail: slipson@thslaw.com GUADALAJARA OF HUNTSVILLE: "Ortega" Suit Alleges FLSA Violation --------------------------------------------------------------- Maria Ortega, v. Guadalajara of Huntsville, Inc., Ruben Mendoza, Louis Garcia, Miguel Ruiz, and Juvenal Ruiz, Case 5:15-cv-02191- HGD (N.D.Ala., December 1, 2015), seeks on behalf of "chip runners" and "servers" unpaid wages, equitable relief, declaratory relief, and reasonable attorney fees and costs under the Fair Labor Standards Act. The defendant operates its business in Alabama. The Plaintiff is represented by: Daniel E. Arciniegas, Esq. WIGGINS, CHILDS, PANTAZIS, FISHER & GOLDFARB LLC The Kress Building 301 19th Street North Birmingham, AL 35203 Phone: (205) 314-0500 Fax: (205) 254-1500 HONEY & Q: Recalls Multiple Honey Products ------------------------------------------ Starting date: November 20, 2015 Type of communication: Recall Alert sub-type: Notification Subcategory: Chemical Hazard classification: Class 3 Source of recall: Canadian Food Inspection Agency Recalling firm: Honey & Q Corporation Distribution: Ontario, Quebec Extent of the product distribution: Retail, Hotel/Restaurant/Institutional CFIA reference number: 10124 Brand Common Size Code(s) on UPC name name ---- product --- ---- ------ ---------- None Honey Various Client-provided None packaging; packaged by Honey & Q on June 30, August 20, August 22, and September 14, 2015 Honey & Q, Wildflower 1 kg Product of Russia 6 27843- Sunderland Raw Honey 06030 7 Hives None Pure Honey 295 kg MT134-12 GU None 11.02.15 HYUNDAI: Recalls Certain 2013, 2014 & 2015 Vehicle Models --------------------------------------------------------- Starting date: November 23, 2015 Type of communication: Recall Subcategory: Car Notification type: Safety Mfr System: Powertrain Units affected: 2848 Source of recall: Transport Canada Identification number: 2015556TC ID number: 2015556 Manufacturer recall number: R0104 (51C033) On certain vehicles equipped with manual transmissions, the mounting bolts securing the rear differential may not have been properly fastened due to the suspension's rear crossmember and differential. Over time, the bolt(s) may loosen, and could cause the driveshaft to separate from the differential, which would result in excessive noise and loss of motive power, increasing the risk of a crash causing injury and/or damage to property. Correction: Dealers will inspect, and affect repairs as necessary. Make Model Model year(s) affected ---- ----- ---------------------- HYUNDAI 2013, 2014, 2015 INTERNATIONAL: Recalls Multiple Vehicle Models Due to Crash Risk ---------------------------------------------------------------- Starting date: November 18, 2015 Type of communication: Recall Subcategory: Truck - Med. & H.D. Notification type: Safety Mfr System: Engine Units affected: 1466 Source of recall: Transport Canada Identification number: 2015546TC ID number: 2015546 Manufacturer recall number: 15517 On certain vehicles equipped with Navistar engines, the accelerator pedal position sensor could move on its mounting bracket if the pedal is depressed with excessive force. If the sensor stator were to move out of position, it could change the sensor signal output, resulting in a high idle. On vehicles equipped with manual transmissions, if the clutch were to be depressed during operation, the engine could rise to governed RPMs resulting in difficulty selecting gears while shifting. In the condition of a loaded vehicle going down a long grade, the inability to down shift could cause difficulty in maintaining or reducing vehicle speed with just the service brakes, which could increase the risk of a crash causing injury and/or damage to property. Correction: Dealers will recalibrate the engine Electronic Control Module (ECM) to eliminate the high idle condition. Make Model Model year(s) affected ---- ----- ---------------------- INTERNATIONAL PROSTAR 2013, 2014 INTERNATIONAL LONESTAR 2013, 2014 INTERNATIONAL DURASTAR 2013, 2014 INTERNATIONAL WORKSTAR 2013, 2014 INTERNATIONAL TRANSTAR 2013, 2014 JAYCO: Recalls Eagle HT Fifth Wheel Trailer 2016 Models ------------------------------------------------------- Starting date: November 19, 2015 Type of communication: Recall Subcategory: Travel Trailer Notification type: Safety Mfr System: Label Units affected: 103 Source of recall: Transport Canada Identification number: 2015549TC ID number: 2015549 On certain travel trailers, the certification label on the towing hitch that indicates the maximum Gross Vehicle Weight Rating (GVWR) and Tongue Weight for the trailer was omitted. This could lead to vehicle overloading, potentially causing damage to trailer and affecting vehicle handling, which could increase the risk of a crash causing injury and/or property damage. Correction: Labels will be mailed to owners of affected vehicles, along with instructions for proper installation. Alternatively, owners can visit a Jayco dealer to have the new certification label applied. Make Model Model year(s) affected ---- ----- ---------------------- JAYCO EAGLE HT FIFTH WHEEL 2016 TRAILER LAND GUARDIAN: Bartenders, Waiters Allege Violation of FLSA ----------------------------------------------------------- Krystal Gurule, Melissa Hall, Ryan Matte, and Kimberly Taylor, on behalf of themselves and other similarly situated persons, v. Land Guardian, Inc. and Mohammad Ayman Jarrah, individually and d/b/a Gas Lamp-Bar/Grill, Case 4:15-cv-03487 (S.D.Tex., December 1, 2015), seeks to recover on behalf of bartenders and waiters, unpaid wages and other damages under the Fair Labor Standards Act. Land Guardian Incorporated (Individually as LGI) is a domestic company that owns and/or operates a bar in Houston known as "Gas Lamp Bar and Grill." The Plaintiffs are represented by: Charles A. Sturm., Esq. STURM LAW, PLLC 723 Main Street, Suite 330 Houston, TX 77002 Phone: (713) 955-1800 Fax: (713) 955-1078 E-mail: csturm@sturmlegal.com LASER GENTLE: Fails to Pay Employees Overtime, "Weiner" Suit Says ----------------------------------------------------------------- Cayla Weiner, individually and on behalf of all others similarly situated v. Laser Gentle, LLC d/b/a Laser MD MedSpa, Laser Gentle Braintree, LLC d/b/a Laser MD MedSpa, Laser Gentle, Boston, LLC d/b/a Laser MD MedSpa, and Manuk Degirmenci, Case No. 15-3644 (Mass. Cmmw. Ct., December 1, 2015) is brought against the Defendants for failure to pay overtime wages for work in excess of 40 hours per week. The Defendants are in the business that specializes in laser treatments, injectable, body-contouring procedures, facials and peels, and other skin rejuvenation techniques. The Plaintiff is represented by: Adam J. Shfran, Esq. Jonathon D. Friedmann, Esq. RUDOLPH FRIEDMANN LLP 92 State Street Boston, MA 021 09 Telephone: (617) 723-7700 Facsimile: (617) 227-0313 E-mail: ashafran@rflawyers.com jfriedmann@rflawyers.com LEICA BIOSYSTEMS: Recalls Polymer Refine Red Detection Kits ----------------------------------------------------------- Starting date: November 16, 2015 Posting date: December 24, 2015 Type of communication: Medical Device Recall Subcategory: Medical Device Hazard classification: Type II Source of recall: Health Canada Issue: Medical Devices Audience: General Public, Healthcare Professionals, Hospitals Identification number: RA-56470 Leica Biosystems recently became aware that some detection kits may have been subject to a manufacturing error which could result in inadequate staining. If the product is used according to the instructions for use with the adequate controls, the end user would be able to identify the test has not stained correctly. Affected products: A. LEICA BOND POLYMER REFINE RED DETECTION DS9390 Lot or serial number: More than 10 numbers, contact manufacturer. Model or catalog number: DS9390 Manufacturer: Leica Biosystems Newcastle Ltd. Balliol Business Park West Benton Lane UNITED KINGDOM B. LEICA BOND POLYMER REFINE RED DETECTION Lot or serial number: More than 10 numbers, contact manufacturer. Model or catalog number: DS9390 Manufacturer: Leica Biosystems Newcastle Ltd. Balliol Business Park West Benton Lane UNITED KINGDOM LEOPOLD & ASSOCIATES: Illegally Collects Debt, "Wilner" Suit Says ----------------------------------------------------------------- Nochum C. Wilner, an individual, on behalf of themselves and all others similarly situated v. Leopold & Associates, PLLC, et al., Case No. 7:15-cv-09374-KMK (S.D.N.Y., November 30, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Leopold & Associates, PLLC operates a law firm located 60 E 42nd St #110, New York, NY 10165. The Plaintiff is represented by: Abraham Kleinman, Esq. KLEINMAN LLC 626 RexCorp Plaza Uniondale, NY 11556-0626 Telephone: (516) 522-2621 Facsimile: (888) 522-1692 E-mail: akleinman@kleinmanllc.com LOBLAW COMPANIES: Recalls Joe Fresh Baby Jackets ------------------------------------------------ Starting date: November 18, 2015 Posting date: November 18, 2015 Type of communication: Consumer Product Recall Subcategory: Children's Products Source of recall: Health Canada Issue: Choking Hazard Audience: General Public Identification number: RA-55876 This recall involves the Joe Fresh brand striped quilted baby jackets with the style code BBF5OT4316 located on an inner tag. The following SKUs are affected: Style Code Size Colour UPC ---------- ---- ------ --- BBF5OT4316 QLT JKT 0-3 months Charcoal, 063664849996 Blue and White Stripes BBF5OT4316 QLT JKT 3-6 months Charcoal, 063664850008 Blue and White Stripes BBF5OT4316 QLT JKT 6-12 months Charcoal, 063664850015 Blue and White Stripes BBF5OT4316 QLT JKT 12-18 months Charcoal, 063664850022 Blue and White Stripes BBF5OT4316 QLT JKT 18-24 months Charcoal, 063664850039 Blue and White Stripes The affected jackets can lose buttons when they are pulled by young children, posing a choking hazard. Health Canada has not received any reports of consumer incidents or injuries related to the use of the jacket in Canada. Loblaw Companies Ltd. received one report of a child removing the button and placing it in their mouth. Approximately 1223 units of the Joe Fresh baby jackets were sold at Loblaw banner stores across Canada. The recalled product was sold from September 2015 to October 2015. Made in Cambodia. Distributor: Loblaw Companies Ltd. Brampton CANADA Pictures of the Recalled Products available at: http://is.gd/54zYZ6 LOBLAW COMPANIES: Recalls Pumpkin Filled Egg Pasta Due to Cashew ---------------------------------------------------------------- Starting date: November 20, 2015 Type of communication: Recall Alert sub-type: Food Recall Warning (Allergen) Subcategory: Allergen - Tree Nut Hazard classification: Class 1 Source of recall: Canadian Food Inspection Agency Recalling firm: Loblaw Companies Limited Distribution: National Extent of the product distribution: Retail CFIA reference number: 10178 Loblaw Companies Ltd. is recalling PC brand Triangoli Pumpkin Filled Egg Pasta from the marketplace because it may contain cashews which are not declared on the label. People with an allergy to cashews should not consume the recalled product described below. Check to see if you have recalled products in your home. Recalled products should be thrown out or returned to the store where they were purchased. If you have an allergy to cashews, do not consume the recalled product as it may cause a serious or life-threatening reaction. There have been no reported reactions associated with the consumption of this product. This recall was triggered by the company. The Canadian Food Inspection Agency (CFIA) is conducting a food safety investigation, which may lead to the recall of other products. If other high-risk products are recalled, the CFIA will notify the public through updated Food Recall Warnings. The CFIA is verifying that industry is removing recalled product from the marketplace. Brand Common Size Code(s) on UPC name name ---- product --- ---- ------ ---------- PC Triangoli Pumpkin 250 g 244Q 0 60383 00536 8 (Black Filled Egg Pasta 251Q Label) 261Q 267Q 284Q 286Q 295Q Pictures of the Recalled Products available at: http://is.gd/Dfets1 MADISON PARK: Faces "Ellis" Suit in California Over Unit Defects ---------------------------------------------------------------- Robert Ellis v. Madison Park Financial Corporation, Market Holdings LLC, 1919 Bayside LLC, and Does 1-100, Case No. RG15795247 (Cal. Super. Ct., December 2, 2015) is brought on behalf of the tenants who suffered emotional distress, physical injury, over-payment of rent, and out-of-pocket expenses as a result of the Defendants' failure and refusal to make repairs of the habitability defects to the subject premises. The Defendants operate the real property located 1919 Market St., Unit F, Oakland, County of Alameda, California. The Plaintiff is represented by: Michael Karatov, Esq. Matthew Whatley, SBN: 233521 WHATLEY & KARATOV 3494 Camino Tassajara #343 Danville, CA 94506 Telephone: (925) 785-6020 Facsimile: (415) 729-1683 E-mail: karatov@whatleyandkaratov.com whately@whatleyandkaratov.com MADISON PARK: Faces "Terbolizard" Suit in Cal. Over Unit Defects ---------------------------------------------------------------- Theodore Terbolizard v. Madison Park Financial Corporation, Market Holdings LLC, 1919 Bayside LLC, and Does 1-100, Case No. RG15795019 (Cal. Super. Ct., December 1, 2015) is brought on behalf of the tenants who suffered emotional distress, physical injury, over-payment of rent, and out-of-pocket expenses as a result of the Defendants' failure and refusal to make repairs of the habitability defects to the subject premises. The Defendants operate the real property located 1919 Market St., Unit F, Oakland, County of Alameda, California. The Plaintiff is represented by: Michael Karatov, Esq. Matthew Whatley, SBN: 233521 WHATLEY & KARATOV 3494 Camino Tassajara #343 Danville, CA 94506 Telephone: (925) 785-6020 Facsimile: (415) 729-1683 E-mail: karatov@whatleyandkaratov.com whately@whatleyandkaratov.com MATCHBOX LLC: Doesn't Properly Pay Employees, "Daniels" Suit Says ----------------------------------------------------------------- Aaron Daniels, Individually, and on Behalf of All Those Similarly Situated v. Frank Fiore, David Brown, Matchbox, LLC and Target Marketing Group, Case No. 07748/2015 (N.Y. Sup. Ct., December 2, 2015) is brought against the Defendants for failure to pay minimum wage, overtime and other compensation to their loan officers. The Defendants own and operate a business which provides mortgage banking services to consumers. The Plaintiff is represented by: Blaine H. Bortnick, Esq. Melvin L. Schweitzer, Esq. LIDDLE & ROBINSON, L.L.P. 800 1bird A venue New York, NY 10022 Telephone: (212) 687-8500 Facsimile: (212) 687-1505 E-mail: BBortnick@liddlerobinson.com MAXIM HEALTHCARE: Faces "Fields" Suit Over Failure to Pay OT ------------------------------------------------------------ Ronda L. Fields v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-03634-JFM (D. Md., November 30, 2015) is brought against the Defendants for failure to pay overtime compensation 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: Robert E. DeRose, 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 - 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 - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, 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 jyoung@sommerspc.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 "Hamilton" Suit Over Failure to Pay OT -------------------------------------------------------------- Alphadeesha F. Hamilton v. Maxim Healthcare Services, Inc., Case No. 1:15-cv-03635-ELH (D. Md., November 30, 2015) is brought against the Defendants for failure to pay overtime compensation 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: Robert E. DeRose, 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 - 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 - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, 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 jyoung@sommerspc.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 "James" Suit Over Failure to Pay Overtime ----------------------------------------------------------------- Renee M. James v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-03636-JFM (D. Md., November 30, 2015) is brought against the Defendants for failure to pay overtime compensation 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: Robert E. DeRose, 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 - 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 - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, 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 jyoung@sommerspc.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 "Pappas" Suit Over Failure to Pay OT ------------------------------------------------------------ Barbara Pappas v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-02445-DCN (N.D. Ohio, November 30, 2015) is brought against the Defendants for failure to pay overtime compensation 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: Robert E. DeRose, 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 MAXIM HEALTHCARE: Faces "Sapp" Suit Over Failure to Pay Overtime ---------------------------------------------------------------- Miyishah Sapp v. Maxim Healthcare Services, Inc., Case No. 1:15- cv-03631-GLR (D. Md., November 30, 2015) is brought against the Defendants for failure to pay overtime compensation 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: Robert E. DeRose, 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 - 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 - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, 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 jyoung@sommerspc.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 "Shenefield" Suit Over Failure to Pay OT ---------------------------------------------------------------- Christine E. Shenefield v. Maxim Healthcare Services, Inc., Case No. 1:15-cv-03632-CCB (D. Md., November 30, 2015) is brought against the Defendants for failure to pay overtime compensation 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: Robert E. DeRose, 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 - 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 - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, 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 jyoung@sommerspc.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 "Terrell" Suit Over Failure to Pay OT ------------------------------------------------------------- Michelle Terrell v. Maxim Healthcare Services, Inc., Case No. 1:15-cv-03633-MJG (D. Md., November 30, 2015) is brought against the Defendants for failure to pay overtime compensation 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: Robert E. DeRose, 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 - 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 - Jason J. Thompson, Esq. Neil B. Pioch, Esq. Jesse L. Young, 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 jyoung@sommerspc.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 MEXICAN RADIO: "Fagoth" Suit Seeks to Recover Unpaid Overtime ------------------------------------------------------------- Tangni Fagoth, Guztavo Cortes, Stephanie Garcia, Juliana Palomino, Annette Polanco, Noemi Rivera, Angelica Robleto, and Nadgie Santana, on behalf of themselves and other employees similarly situated v. Mexican Radio Corp., Lori Selden and William Young, Case No. 1:15-cv-09429 (S.D.N.Y., December 1, 2015) seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standard Act. The Defendants own and operate Mexican Radio Restaurant located at 19 Cleveland Place, New York, New York, 10012. The Plaintiff is represented by: Rachel Nicotra, Esq. LAW OFFICE OF RACHEL NICOTRA 33 West 19th Street, 4th Floor New York, NY 10011 Telephone: (646) 462-3960 Facsimile: (646) 462-3965 MIA HOSPITALITY: Faces "Garcia" Suit Alleging FLSA Violation ------------------------------------------------------------ Naya Garcia and other similarly-situated individuals, v. Mia Hospitality, LLC d/b/a Fairfield Inn And Suites a/k/a Fairfield Inn Miami Airport and Natalia Fernandez, individually, Case 1:15- cv-24427-JAL (S.D.Fla., December 1, 2015), seeks to recover money damages for unpaid overtime wages under the Fair Labor Standards Act. The Defendant provides lodging services to the general public. The Plaintiff is represented by: Zandro E. Palma, Esq. ZANDRO E. PALMA, P.A 9100 S. Dadeland Blvd. Suite 1500 Miami, FL 33156 Phone: (305) 446-1500 Fax: (305) 446-1502 E-mail: zep@thepalmalawgroup.com NATIONIAL BUREAU: Illegally Collects Debt, "Selma" Suit Claims -------------------------------------------------------------- Rodney Selman, on behalf of himself and all other similarly situated consumer v. Nationial Bureau Collection Corp., Case No. 1:15-cv-06790 (E.D.N.Y., November 26, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Nationial Bureau Collection Corp. operates a debt collection firm located at 150 White Plains Rd, Tarrytown, NY 10591. The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, ATTORNEY AT LAW 483 Chestnut Street Cedarhurst, NY 11516 Telephone: (516) 791-4400 Facsimile: (516) 791-4411 E-mail: fishbeinadamj@gmail.com NATIONAL RECOVERY: Illegally Collects Debt, "Kaufman" Suit Says --------------------------------------------------------------- Eliyahu Kaufman, individually and on behalf of all others similarly situated v. National Recovery Agency, Case No. 7:15-cv- 09355 (S.D.N.Y., November 30, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. National Recovery Agency operates a credit reporting agency in New York. Eliyahu Kaufman is a pro se plaintiff. NATIONSTAR MORTGAGE: Illegally Collects Debt, Action Claims ----------------------------------------------------------- Moshe Nussenzweig, on behalf of himself and all other similarly situated consumers v. Nationstar Mortgage LLC, Case No. 1:15-cv- 06800-KAM-RLM (E.D.N.Y., November 30, 2015) seeks to stop the Defendant's unfair and unconscionable means to collect a debt. Headquartered in Lewisville, Texas, Nationstar Mortgage LLC provides residential mortgage loan services throughout the United States. The Plaintiff is represented by: Adam Jon Fishbein, Esq. ADAM J. FISHBEIN, ATTORNEY AT LAW 483 Chestnut Street Cedarhurst, NY 11516 Telephone: (516) 791-4400 Facsimile: (516) 791-4411 E-mail: fishbeinadamj@gmail.com NEW YORK: Found to Have Negligently Destroyed Suit Docs ------------------------------------------------------- Mark Hamblett, writing for New York Law Journal, reports that New York City has been sanctioned for not preserving documents in a civil rights class action alleging police improperly set quotas for the number of summonses each officer must issue. Southern District Judge Robert Sweet said the New York City Police Department was "grossly negligent" in allowing documents to be destroyed knowing they could be relevant to the case. He also faulted a police order on the routine destruction of documents, including summonses -- an order that "included information on how to utilize an industrial shredding truck to destroy documents en masse." The case alleges hundreds of thousands of people have been issued summonses without probable cause in violation of the First, Fourth, Fifth, Eight and Fourteenth Amendments. The plaintiffs accuse officers of issuing summonses solely to hit the number set by their superiors. The lead plaintiff in the case, Sharif Stinson, was 19 years old when the suit was brought in 2010. He said he was stopped, detained and searched without probable cause on New Year's Eve 2009 as he left his aunt's apartment building on East 179th Street. He was given a disorderly conduct summons that was ultimately dismissed. A trial in Stinson v. City of New York, 10 Civ. 4228, is expected to start sometime this year. Sweet said the jury will be instructed that "the absence of documentary evidence does not in this case establish the absence of a summons quota policy." Sweet, in his opinion on the consequences for spoliation of evidence, said the city's litigation hold, which was issued in August 2013, was "late and ineffective." The plaintiffs filed suit in 2010, but Sweet noted that summons quotas were a major issue as far back as Jan. 31, 2008, when the complaint was filed in another case, Floyd v. City of New York -- the central piece of litigation over police stop-and-frisk practices. The city settled Floyd, and a remedial order remedying unconstitutional practices is now being implemented. Because Floyd "contained significant quota-related allegations," Sweet said the duty to preserve arose on the date Floyd was filed. The city had argued that it was unreasonable to require that police documents be preserved indefinitely because the NYPD is so often involved in litigation. It contended that a broad duty to preserve would, in effect, amount to a "perpetual litigation hold." "The statement is inarguable," Sweet said. "But it does not justify a three-year failure to issue a litigation hold in this action, or a failure to preserve documents while the Floyd case, in which the issue of an alleged quota was 'hotly contested'. . . remained pending." Sweet disagreed with the NYPD's complaint that the plaintiffs were demanding the city preserve every relevant document in the hands of the department. "While the plaintiffs have made overbroad discovery requests before, the reasonableness of one party's demands does not determine the scope of the other party's obligation to preserve documents," he said. The judge faulted policies that provided for the destruction of evidence, including the destruction of bureau chief memos after three years, monthly performance reports after four years and criminal court summonses after four years. The same was true of electronically stored information such as email and text, as well as the destruction of materials relating to police CompStat meetings, where crime and performance-related data are exchanged and policy is set, and officer activity reports. The judge found few responsive documents were produced on emails from former Commissioner Raymond Kelly, former Chief of Department Joseph Esposito and other officials -- an indication the emails were deleted. The judge's instruction to the jury, which serves as the city's sanction, is called a "permissive inference." The sanction fell well short of the set of 16 mandatory adverse inferences that plaintiffs lawyers wanted to put before the jury, including one where the court would instruct the jury that there was a summons quota in place and that Kelly, Esposito and other senior department officials implemented it. Sweet said to adopt the plaintiffs' sanction would be to "dictate success on seriously contested issues" in a case where the plaintiffs "face a steep evidentiary burden to establish the existence of an official policy, pattern, or practice" under Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978). Nevertheless, the sanction of a permissive inference is a big advantage for the plaintiffs either in settlement talks or at trial. While Sweet found the city was grossly negligent in destroying evidence, "there is no basis to conclude that the city acted in bad faith." Rather, he said, the city's conduct showed "a broad failure to take its preservation obligations seriously rather than any attempt to lie or mislead." The judge noted that the parties exchanged "inflammatory language" on whether the existence of the emails established that senior officers committed perjury. He found that allegation "unsupported." Law Department spokesman Nicholas Paolucci issued a statement saying, "While the court suggests that there may have been systemic failures in preserving electronic and other communications, Judge Sweet categorically dismisses any suggestion that either former commissioner Kelly or former chief Esposito testified falsely as to the matters in question." The plaintiffs are represented by Gerald Cohen and Joshua Fitch of Cohen & Fitch, solo practitioner Jon Norinsberg and attorneys with Quinn Emanuel Urquhart & Sullivan: partners Elinor Sutton, Steig Olson and Stephen Neuwirth. "Plaintiffs are pleased to see that the federal court has insured that defendants will face severe consequences for failing to take their legal obligations seriously, especially in light of the fact that this case concerns the constitutional rights of hundreds of thousands of individuals," Sutton said. "The plaintiffs hope that the court's decision will help ensure that relevant evidence is no longer destroyed in future litigation with the NYPD." The city is represented by assistant corporation counsels Qiana Smith-William, Joanne McLaren, Sheila Weinstein, Steven Silverberg and Suzanna Mettham. OLD FASHIONED: "McNamee" Class Suit Removed to E. D. Missouri ------------------------------------------------------------- The class action lawsuit entitled Laura McNamee, individually and on behalf of all others similarly situated v. The Old Fashioned Kitchen, Inc., Case No. 1522-CC00732, was removed from the Circuit Court, City of St. Louis to the U.S. District Court Eastern District of Missouri (St. Louis). The District Court Clerk assigned Case No. 4:15-cv-01766-RWS to the proceeding. The Old Fashioned Kitchen, Inc. is a manufacturer of frozen blintzes, dessert crepes, pancakes, pierogies for the food retail market. The Plaintiff is represented by: Matthew H. Armstrong, Esq. ARMSTRONG LAW FIRM, LLC 8816 Manchester Road St. Louis, MO 63144 Telephone: (314) 258-0212 E-mail: matt@mattarmstronglaw.com The Defendant is represented by: Jennifer L. Woulfe, Esq. RYNEARSON AND SUESS, L.L.C. 500 N. Broadway, Suite 1550 St. Louis, MO 63102 Telephone: (314) 421-4430 Facsimile: (314) 421-4431 E-mail: jwoulfe@rssclaw.com RAILROAD SIGNAL: Fails to Pay Employees OT, "Garza" Suit Says ------------------------------------------------------------- Israel Garza, On Behalf of Himself and All Others Similarly Situated v. Railroad Signal International, LLC, Case No. 7:15-cv- 00510 (S.D. Tex., December 1, 2015) is brought against the Defendant for failure to pay overtime wages for work more than 40 hours in a workweek. Railroad Signal International, LLC designs, manufactures, installs, maintains, repairs and inspects railroad crossing signals for companies who own, manage, and maintain highway grade railroad crossings. The Plaintiff is represented by: Michael K. Burke, Esq. LAW OFFICES OF MICHAEL M. GUERRA BURKE & KHIRALLAH, LLP 3900 N. 10th St., Suite 850 McAllen, TX 78501 Telephone: (956) 682-5999 Facsimile: (888) 317-8802 E-mail: mburke@mmguerra.com - and - Michael M. Guerra, Esq. LAW OFFICES OF MICHAEL M. GUERRA BURKE & KHIRALLAH, LLP 3900 N. 10th St., Suite 850 McAllen, TX 78501 Telephone: (956) 682-5999 Facsimile: (888) 317-8802 E-mail: mike@mmguerra.com SAIGON GRILL: Faces "Garcia" Suit Over Failure to Pay Overtime -------------------------------------------------------------- Isidro Garcia and Eliazar Valentin, individually and on behalf of others similarly situated v. Saigon Grill, Inc. d/b/a Saigon Market, Simon Nget, and Chris Pizzimenti, Case No. 1:15-cv-09433 (S.D.N.Y., December 1, 2015) is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standard Act. The Defendants own and operate a Vietnamese restaurant located at 91-93 University Place New York, NY 10003. The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, PC 60 East 42nd Street, Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 E-mail: Michael@Faillacelaw.com SESTWON PIZZA: Faces Suit in N.Y. Alleging FLSA, NYLL Violation --------------------------------------------------------------- Isac Munoz Rumaldo Antonio Sanchez-Vargas, Juan Gonzalez, Jorge Isaac Parra Romero, Emilio A. Nunez-Bernaid, and Keler Vargas, individually and on behalf of all others similarly situated, v. Sestwon Pizza LLC d/b/ Adomino's Pizza, and Robert Cookston, an individual, Case: CV 15-6833 (E.D.N.Y., December 1, 2015), alleges that Defendants wilfully engaged in various unlawful employment policies, patterns and/or practices under the Fair Labor Standards Act and New York Labor Law. Defendants run a website to prepare and sell pizzas and other food and beverage items for takeout and delivery. The Plaintiffs are represented by: Roman Avshalumov., Esq. HELEN F. DALTON & ASSOCIATES, PC 69-12 Austin Street Forest Hills, NY 11375 Phone: 718-263-9591 Fax: 718-263-9598 SIDEWINDER DRILLING: Faces "Harvill" Suit Alleging FLSA Violation ----------------------------------------------------------------- Joseph Harvill individually and on behalf of all others similarly situated, v. Sidewinder Drilling Inc., Case 4:15-cv-03494 (S.D.Tex., December 1, 2015), seeks to recover unpaid overtime wages owed to Defendant's workers under the Fair Labor Standards Act. Sidewinder is an oilfield services company operating land drilling rigs throughout the United States in almost every major shale basin. 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 Phone: 713-751-0025 Fax: 713-751-0030 E-mail: mjosephson@fibichlaw.com litkin@fibichlaw.com adunlap@fibichlaw.com jbresler@fibichlaw.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza Suite 1500 Houston, TX 77046 Phone: 713-877-8788 Fax: 713-877-8065 E-mail: rburch@brucknerburch.com SOUTHERN CALIFORNIA GAS: Sued Over Porter Ranch Gas Leak -------------------------------------------------------- Robyn Shapiro, an individual, individually, Matthew Pakucko, an individual, Susan I. Gorman-Chang, an individual, nathan Hemminger, an individual, Gabriel Khanlian, an individual, Save Porter Ranch, a California non-profit Corporation, and on behalf of all others similarly situated v. Southern California Gas Company, et al., Case No. BC602866 (Cal. Super. Ct., December 2, 2015) arises out of the massive gas leak that was discovered on or about October 23, 2015 next to the residential community of Porter Ranch that was alleged to be injected underground by the Defendant into illegally permitted wells. Southern California Gas Company owns and operates a natural gas distribution utility. The Plaintiff is represented by: R. Rex Parris Esq. Patricia K. Oliver, Esq. Ethan Litney, Esq. R. REX PARRIS LAW FIRM 43364 10th Street West Lancaster, CA 93534 Telephone: (661) 949-2595 Facsimile: (661) 949-7524 E-mail: rrexparris@rrexparris.com poliver@rrexparris.com elitney@rrexparris.com SPARTAN ENERGY: Faces "Lopez" Suit Seeking Overtime Compensation ---------------------------------------------------------------- Adolfo Lopez, Individually and on Behalf of All Others Similarly Situated, v. Spartan Energy Services, LLC, and Spartan Flow Control Services, LLC, Case 5:15-cv-01053 (W.D.Tex., December 1, 2015), seeks to recover unpaid overtime compensation owed to him individually and on behalf of all purported current and former field workers who performed work for Defendants associated with oil and gas wells throughout the United States during the three- year period before the date the court authorizes notice in this case. Defendants provide services for oil and gas wells nationwide. The Plaintiff is represented by: Joseph M. Schreiber., Esq. LAW OFFICE OF JOSEPH M. SCHREIBER, P.C 4306 Yoakum Blvd, Suite 370 Houston, TX 77006 Phone (281) 949-8904 Fax (281) 949-8914 E-mail: joe@jms-lawfirm.com - and - Willie Briscoe., Esq. The Briscoe Law Firm, PLLC 8150 N. Central Expressway, Suite 1575 Dallas, TX 75206 Phone: (214) 239-4568 Fax: (281) 254-7789 E-mail: wbriscoe@thebriscoelawfirm.com SYMANTEC CORPORATION: "Horsfield" Suit Removed to S.D. New York --------------------------------------------------------------- The class action lawsuit entitled John A. Horsfield, individually and on behalf of all others similarly situated v. Symantec Corporation, et al., Case No. 601801-15, was removed from the State Court-Supreme to the U.S. District Court Southern District of New York (Foley Square). The District Court Clerk assigned Case No. 1:15-cv-09382-CM to the proceeding. Symantec Corporation operates a technology company headquartered in Mountain View, California. The Defendant is represented by: Adam K. Grant, Esq. POLSINELL PC 900 Third Avenue, 21st Floor New York, NY 10022 Telephone: (212) 684-0199 Facsimile: (212) 684-0197 E-mail: akgrant@polsinelli.com - and - Jason A. Nagi, Esq. POLSINELLI SHUGHART P.C. 7 Penn Plaza, Suite 600 New York, NY 10007-0017 Telephone: (212) 659-4989 Facsimile: (212) 884-8247 E-mail: jnagi@polsinelli.com UBER TECHNOLOGIES: Boston Atty Sues on Behalf of Excluded Drivers ----------------------------------------------------------------- Marisa Kendall, writing for The Recorder, reports that the plaintiffs' lawyer who's forged a place as Uber's legal nemesis launched a fresh attack seeking employee protections for dozens of drivers who won't be included in her huge class action. Boston-based attorney Shannon Liss-Riordan sued Uber Technologies Inc. on behalf of drivers left out of O'Connor v. Uber because they drove through intermediary limo companies or used corporate names. U.S. District Judge Edward Chen of the Northern District of California found their situations could be varied enough to preclude class treatment. "We're not going to leave them out in the cold," Liss-Riordan said. "We represent these individuals and we want to be sure to protect their rights." In an email, an Uber spokeswoman pointed out: "The federal district court already rejected plaintiff's request to certify a class of these groups, whose circumstances vary widely and who have control over how they use the app." The suit filed in San Francisco Superior Court names 78 plaintiffs, and Liss-Riordan said she expects to add more as drivers continue to contact her. Uber has estimated about 10,000 drivers were excluded from the O'Connor litigation, compared to the 150,000 in the class that Chen certified. Ironically, the man whose name is attached to the case, lead plaintiff Douglas O'Connor, was among those excluded because he drove for Uber through a third-party company. He's named as a plaintiff in the new suit. The O'Connor case is set for a June trial in the Northern District of California. Liss-Riordan will argue her clients are Uber employees and must receive employee benefits, reimbursement for driving expenses, and compensation for tips she claims the company illegally withheld. Uber maintains its drivers are independent contractors because they have the freedom to control factors such as the hours and schedules they work and the routes they drive. Chen certified a class of California drivers in September, and expanded the class in December. Uber is represented by Gibson, Dunn & Crutcher partner Theodore Boutrous Jr. Liss-Riordan argues the plaintiffs in her new case also are Uber employees, even though they drove through intermediaries. For now Liss-Riordan is litigating the excluded drivers' claims individually, as they may not be eligible for class treatment under a new arbitration agreement Uber rolled out in December. "This is the type of result you see," Liss-Riordan said, referring to her ponderous suit, "when there is a high degree of interest in a case and employees aren't allowed to pursue claims as a class action." VAALCO ENERGY: 'Everyone Does It' Defense Rejected in Class Action ------------------------------------------------------------------ Tom Hals, writing for Reuters, reports that corporate legal battles are often decided on nuanced readings of dense statutes, but one recent ruling that could expose scores of U.S. companies to shareholder lawsuits turned partly on a much simpler defense: everybody is doing it. That failed to sway a Delaware judge, who ruled last December that oil producer Vaalco Energy Inc had violated the state's widely used corporate law with a charter provision that barred the removal of directors without cause. The ruling could have an impact well beyond tiny Vaalco to include such well-known names as Aeropostale Inc, Cigna Corp, Ethan Allen Interiors Inc, JetBlue Airways Corp and Toll Brothers Inc. Those are some of the nearly 200 companies with similar charter provisions that Vaalco cited during its defense against a shareholder class action in Delaware's Court of Chancery. "Just as 'all the other kids are doing it' wasn't a good argument for your mother," said Vice Chancellor Travis Laster at a hearing on Dec. 21, "the idea that 175 other companies might have wacky provisions isn't a good argument for validating your provision." Vaalco's investor relations coordinator, Al Petrie, did not immediately return a call for comment. Vaalco's legal problems began when a group of activist investors said they intended to replace four of Vaalco's seven directors after the company's stock began to tumble in late 2014. Vaalco argued that its charter and bylaw provisions only allowed investors to remove members of its board for cause. Several shareholders filed class actions in December alleging the charter was invalid under Delaware law, which allows for the removal of directors without cause. Delaware law does make exceptions, including for companies with a classified board, or one in which members are elected for differing terms. Vaalco dropped the classified board structure in 2009, but never changed its charter or bylaws. Laster seemed unsympathetic about the impact his ruling might have on the other companies. "To the extent that this upsets expectations at some give-or-take 175 public companies is just a consequence of people not reading the statute," he said, according to a transcript. After Laster's ruling, Vaalco agreed to changes to its board. A client memo from Wachtell, Lipton, Rosen & Katz attorney William Savitt, who defends companies, said shareholder attorneys may demand a board comply with the Vaalco ruling and then seek a fee if a change is made. Shareholder attorney Mark Lebovitch told Laster during a hearing that a quick review of the list of companies with allegedly invalid charter provisions showed many were out of business or were actually in compliance with Delaware law. Jason Halper, a corporate attorney with Orrick, Herrington & Sutcliffe said he doubted the Vaalco ruling would inspire a flood of lawsuits against the companies with similar charters, partly because it was hard to see how shareholders were harmed. "It's not a live issue without a proxy fight," he said. VOLKSWAGEN: HR 1927 Affects Vehicle Owners' Cases ------------------------------------------------- Martine Powers and Lauren Gardner, writing for Politico, report that as lawyers prepare to take Volkswagen to court on behalf of angry diesel vehicle owners, the House is slated to vote this week on a bill (H.R. 1927) to overhaul how injured parties are grouped into "classes" for class-action lawsuits. The legislation would require attorneys to show that each proposed class member experienced "the same type and scope of injury" as everyone else in the group. It's a bill that has gained heightened attention this week, with a Fiscal Times story (Headline: "Congress Wants to Do Something Absolutely Crazy") calling it "a bailout for Volkswagen." Lauren spoke with attorney Andre Mura, who represents VW owners involved in class-action litigation; he said the law would make it more difficult for his clients to seek damages. Dividing up the class: Per a House Judiciary Committee aide, the legislation would require judges to put "more injured" people into a separate class from those "less injured," but leave it to the discretion of the court to determine whether the class-action participants suffered injuries that differed in type and magnitude from others. From Mura: "It seems to be suggesting that there has to be some sort of heightened sameness requirement." The bill is vague on what "same" means, but in the case of Volkswagen, Mura said, "if that means the same car, the same mileage, the same vehicle number, that would simply make it much more difficult to bring one class-action suit against an entity like Volkswagen," even though the company admitted to installing software across its diesel fleet to cheat emissions standards. Lawmakers discussed the bill last summer: "People who are injured deserve to have their own class actions, in which they present their uniquely powerful cases, and get the larger recoveries they deserve," committee Chairman Bob Goodlatte (R-Va.) said in June before a markup. THE ELEPHANT IN THE ROOM: Out in Las Vegas, Volkswagen CEO Herbert Diess' appearance at the International Consumer Electronics Show could hardly have come at a more awkward time. Despite forecasts that Diess would ignore the scandal, he bit the bullet within minutes of taking the stage at the Cosmopolitan, offering a plainspoken mea culpa. "Of course, the current issue with the diesel engines is certainly nothing to be proud of," Diess said. "We disappointed our customers and the American people, for which I am truly sorry." Diess added that VW is doing "everything we can to make things right," with owners as well as authorities, but he noted some of the trouble stems from the fact that the set of regulations in the U.S. is "different compared to Europe." The CEO said the company is "working hard to present an acceptable package to the U.S. authorities," adding he's "optimistic we will gain their approval." A CHANGE OF CONVERSATION: Diess' CES speech quickly veered back to the real reason why he was on stage: to unveil new vehicle models coming down the pipeline. The headliner was an electric minivan called "the BUDD-e" (Get it? Like "buddy"!) that's a throwback to the iconic Volkswagen Microbus of the '60s and '70s. The vehicle's premiere tied in perfectly with the company's apparent new PR tack: Whip up VW nostalgia, and remind people of the good ol' days when Volkswagens stood for peace, love, and happiness . . and not the bitter taste of those icky defeat devices. (Watching the on- stage video of sepia-toned VW minibuses towing bikini-clad hippies on beach excursions, MT was reminded of the Mad Men adage: "If you don't like what's being said, change the conversation.") But bad news won't go away: One thing Diess didn't mention: the recent decline in sales of Volkswagen vehicles in the United States. The news wasn't much of a shock: Overall, VW car sales decreased by 5 percent in 2015. VW halted its sale of diesel vehicles in September, and in the ensuing months the company took a big hit. As Lauren reports, December 2015 sales saw a 9.11 percent decline from the year before. (That was still a bit better than November 2015, which was down 25 percent from November 2014.) Those numbers aren't good, and investors know it: Volkswagen stock is down 6.6 percent since the market opened. VW's declining sales were a particularly sharp blow in what turned out to be a banner year for the American auto industry: More cars were sold in the United States in 2015 than ever before, and it was a 13 percent jump from 2014. Even GM, whose ignition switch defects have been linked with scores of deaths, saw sales rise by 5 percent. Much of the reason behind the soaring figures: 2015's low gas prices, making driving a more attractive option for consumers. But the carmakers' successes could also be seen as a coup for the Obama administration, buoying the notion that the President "saved Detroit" with his automotive bailout. Across the pond: From Brussels, POLITICO Europe's Anca Gurzu reports that the European Parliament is preparing to decide on the makeup of the new committee tasked with digging into the VW scandal. Anca explains that "the EP voted overwhelmingly in December in favor of setting up the 45-member committee, which is meant to look at the role played by the European Commission and national authorities in Volkswagen's emissions cheating scandal. But most political groups have proposed more MEPs to be part of the committee than their allocated number of seats, a parliamentary source said. Political groups also need to decide on the chairman, the vice-chairs and the rapporteur." But there's always a bright side: Despite the defeat device scandal, Volkswagen sales are climbing in Mexico, Bloomberg reports. In that same month with the 25 percent drop-off in the U.S. market, VW sales in Mexico jumped by 13 percent. Mexico's dealers association told Bloomberg: "For generations, families at one time or another have owned a Volkswagen and have a first impression of the brand . . . They say 'It's never conked out on me, it's a car I can trust.' The scandal doesn't have the same impact it's had in other markets." VOLKSWAGEN AG: Franchisees Skittish About Suing Auto Company ------------------------------------------------------------ Stephanie Forshee, writing for Corporate Counsel, reports that Volkswagen AG has been hit by lawsuits over its emissions cheating debacle from just about every angle. But one group has so far been conspicuously unwilling to sue the carmaker: Volkswagen's 650 franchise car dealers in the U.S. Observers say the franchisees, which received monthly goodwill payments in 2015, likely have valid claims but may be skittish about suing the parent company -- for now, at least. Volkswagen was issued a notice of violation of the Clean Air Act by the Environmental Protection Agency back in mid-September after a research lab in West Virginia discovered the car manufacturer was cheating on its emissions tests. The EPA charged the carmaker with improperly using a defeat device in its diesel vehicles that would evade clean air standards, an allegation the carmaker later admitted was true. More than 500 class action lawsuits have been filed against Volkswagen, mostly by consumers. Those suits have been consolidated in California. The U.S. Department of Justice brought a civil suit on Jan. 4, alleging violations of the CAA. Volkswagen has also been sued by a handful of nonfranchise dealerships, including a used-car dealership in California that says it's entitled to the same goodwill payments as franchise dealers and a Chevrolet and Buick dealership in Alabama that says Volkswagen's actions have dragged down competitor sales. There's no doubt the scandal has hurt many of Volkswagen's franchise dealerships. Volkswagen announced its December new- vehicle sales in the U.S. were down by more than 9 percent compared with the same month one year ago, while annual sales were down close to 5 percent. For the last three months of 2015, Volkswagen provided its franchised dealers with a monthly stipend in an act of goodwill since dealers were facing stop-sales on all diesel-engine vehicle models. There has yet to be an announcement as to whether those payments will continue for January or beyond. Despite the dip in sales, no franchisees have sued Volkswagen since the scandal broke less than four months ago. They could be waiting to assess the damage, says Alan Brown, the general manager for Lewisville Volkswagen in Lewisville, Texas, and the chairman of Volkswagen's National Dealer Council. He notes that Volkswagen reportedly submitted a proposal to the EPA in November but no time line has been shared on when any fix could be finalized. "Once that becomes public, then the dealer body and Volkswagen of America will be able to start assessing what the damages are to the customer, what the damage is to the dealer," Brown says. "If performance and fuel economy are affected to a fairly large scale, then what are these vehicles worth?" Still, Brown says this isn't a legal battle his dealer group's general counsel is entertaining. "We have no interest in suing Volkswagen," he says. "Volkswagen is our partner, and at the end of the day, I believe we're stronger together than apart." Brown acknowledges that his voice doesn't represent all of the carmaker's U.S. dealerships. Litigation on the part of franchised dealers might be warranted, but it would be premature, says Michael Charapp, an attorney with Charapp & Weiss in McLean, Virginia, who represents car dealers. "No doubt there are grounds for a lawsuit," Charapp says. But for dealers "job No. 1 is surviving this crisis. I think they've got to get themselves through 2016 and see where they land," he says. Leonard Bellavia, senior partner with Mineola, New York-based Bellavia, Blatt & Crossett, says dealers don't need to wait a full year before taking action. He's hearing from his dealer clients that they are frustrated and don't feel that the monthly payments are sufficient on a long-term basis. Should dealers decide to file suit, they'll win, he says. Volkswagen did not respond for comment on this article and has not publicly announced the amount that dealers are to receive. Bellavia says his clients received, on average, about $30,000 per month for the past few months. Payments varied based on the dealer's size and sales volume. Bellavia says dealers are reluctant to sue their automaker because they fear retaliation. Bellavia has seen this reluctance firsthand, he says. He previously sued Chrysler and Saab on behalf of dealers but those two carmakers were in bankruptcy and had little to lose at the time of the litigation, so dealers were more willing to sue, Bellavia says. Bellavia stresses that while it is admirable Volkswagen stepped forward with the monthly payments in 2015, $30,000 per month barely puts a dent in what he thinks the dealers are owed. "These dealerships are worth millions of dollars," he says. It remains to be seen if any Volkswagen dealerships could ultimately go out of business altogether as a result of the scandal. "I would assume we've got dealers doing well and I'm assuming we've got dealers at risk," Brown says. "If a dealer is operating correctly and doing the right things, I can't imagine Volkswagen allowing any dealer to fail at this time." VOLKSWAGEN GROUP: Faces "Fidler" Suit in Cal. Over Defeat Devices ----------------------------------------------------------------- Michael R. Fidler and Richard Pearlman, individually and on behalf of themselves and all others similarly situated v. Volkswagen Group of America, Inc., et al., Case No. 37-2015-00040190-CU-AT- CTL (Cal. Super. Ct., December 1, 2015) arises out of the Defendant's alleged installation of defeat devices in approximately 482,000 diesel Volkswagen and Audi vehicles manufactured and sold and leased in the United States since 2009, to switch engines to a cleaner mode during official emissions testing. Volkswagen Group of America, Inc. is engaged in the business of designing, manufacturing, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components throughout the United States of America. The Plaintiff is represented by: Thomas V. Girardi, Esq. Alexandra T. Steele, Esq. GIRARDI | KEESE 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: (213) 977-0211 Facsimile: (213) 481-1554 E-mail: tgirardi@girardikeese.com asteele@girardikeese.com VOLKSWAGEN GROUP: Faces "Hendricks" Suit Over "CleanDiesels" ------------------------------------------------------------ Ed Hendricks and Jody Hendricks, on Behalf of Themselves and All Others Similarly Situated, v. Volkswagen Group Of America, Inc., Case 2:15-cv-06384-SD (E.D.Pa., December 1, 2015), seeks monetary damages and other relief arising out of Defendant's alleged deceptive scheme to violate U.S. law by falsely claiming its diesel vehicles "CleanDiesels" are environmentally-friendly. Volkswagen manufactures, distributes, sells, leases and warrants the diesel vehicles under the Volkswagen, Audi and Porsche brand names throughout the United States. The Plaintiffs are represented by: Sol H. Weiss, Esq. David S. Senoff, Esq. Paola Pearson, Esq. ANAPOL WEISS One Logan Square 130 N. 18th St., Suite 1600 Philadelphia, PA 19103 Phone: (215) 735-1130 E-mail: sweiss@anapolweiss.com dsenoff@anapolweiss.com ppearson@anapolweiss.com YAHOO INC: Judge Says Lawsuit Over Texts Can Be Class Action ------------------------------------------------------------ David McCabe, writing for The Hill, reports that a federal judge has ruled that Sprint customers can pursue a class-action lawsuit against Yahoo over automated text messages that they believe violated the law. The case concerns "welcome" messages that Yahoo sent to users after they received a first message through Yahoo's Messenger service. The plaintiffs in the case allege that those messages violate the Telephone Consumer Protection Act, which forbids robocalling and other uses of an autodialer. Judge Manish Shah in the Northern District of Illinois said that Sprint customers who received the message between March 1, 2013 and March 31, 2013 and whose phone number was not in Yahoo's user database are eligible to be a part of the lawsuit. It's a defeat for Yahoo, which opposed the certification of the class. Shah rejected many of Yahoo's arguments, including its contention that a class-action suit could force it to accept damages disproportionate to its activity. "Certifying a class action, however, does not necessarily mean defendant will be found liable. And complaints of disproportionality are better taken up with Congress," Shah said in his order. His ruling was not a complete victory for the plaintiffs in the case, however, since the judge declined to certify a different class of T-Mobile users who had also gotten the messages. Shah said in his ruling that the proposed class could include over 500,000 users. * Gibson Dunn Class Action Group Wins String of Victories in 2015 ----------------------------------------------------------------- Jess Davis, writing for Law 360, reports that Gibson Dunn's class action lawyers in 2015 racked up an impressive string of victories in state and federal courts, securing the dismissal of billions' worth of putative class claims across a wide breadth of industries, earning the firm Class Action Group of the Year status for the sixth time in a row. The firm swayed the Fifth Circuit to vacate class certification in a $150 million case alleging Stream Energy Inc. ran a pyramid scheme through its retail electric business, persuaded the D.C. Circuit to affirm dismissal of a $2 billion class claim against American Insurance Group and others, and wiped out putative class claims alleging that PepsiCo. products caused cancer and that Yamaha Motor Corp. made defective engines. Its lawyers also helped shepherd Uber Inc. through a series of putative class actions brought by drivers, won the dismissal of a putative class action alleging NASDAQ and others rigged securities markets to favor high-frequency traders, and reduced by billions of dollars the scope of price-fixing claims against egg producers when a district judge declined to certify massive classes of consumers from 21 states. "I think the reason why clients continue to entrust us with their most high-stakes matters is really the results you see," Chris Chorba, a co-chair of the group, said. "Our lawyers have been able to turn around some of the most significant lawsuits brought in recent years, including some very high profile class actions. Results matter in this business, for better or worse. That's why clients keep coming back to us for their most significant and high profile matters." In the egg price-fixing case, Gibson Dunn represented Cal-Maine Foods Inc., the nation's largest shell egg producer, in a potentially whopper-sized class action alleging a cartel of egg producers conspired to keep supply down and thus increase the cost of eggs. Facing down a sprawling putative class that could have encompassed most American households, Gibson Dunn attacked the issue by raising for the first time questions related to the requirements for and scope of what's called the Capper-Volstead antitrust exemption for agricultural producers. Practice group co-chair Drew Tulumello said in settings with multiple defendants, the Gibson Dunn practice group tries not to "just run the usual playbook," but to think about fresh, new and different ways to attack a case. "The law is always changing, the facts in each case are always different; there's really no reason to just go through and make the standard moves," he said. "That's part of why our class action team adds a tremendous amount of value. We're always looking for how do we find right strategy for this case, which may be completely different from what's been done in this area before." Tulumello said the firm essentially has its own "brain trust" of talented lawyers who think deeply about Rule 23 issues, and whose writing and internal webinars about wonky class action subjects help the practice group stay on the leading edge of class action litigation by marshaling the best possible arguments. The class action group also benefits from the firm's many partners who work primarily in other areas of the law but who provide expertise that can be the key to nailing down the right argument, Chorba said. "That collaboration may be our secret sauce," he said. In March, Gibson Dunn stopped at the gates a putative class action claiming Pepsi should provide medical monitoring to plaintiffs who said a chemical in its drinks is linked to a form of lung cancer. The judge dismissed, with prejudice, personal injury and medical monitoring claims and agreed with the firm that the plaintiffs did not come close to proving the beverages they drank would have exposed them to the chemical equivalent to the exposure in certain rodent studies that were cited by the plaintiffs. In April, Gibson Dunn won a dismissal with prejudice of all claims in a putative nationwide class action that alleged Yamaha Motor Corp. USA boat motors contained a defect that caused them to corrode years after Yamaha's express warranties expired. In June, Gibson Dunn scored an appellate victory from the D.C. Circuit, which affirmed the dismissal of a $2 billion case claiming AIG, four other insurers and 23 defense contractors improperly denied workers' compensation benefits to employees injured while working in overseas combat zones. The firm took primarily responsibility for preparing a consolidated brief and presenting oral argument on behalf of all defendants in the appellate court. And in October, the Fifth Circuit vacated certification of a fraud class action against Stream Energy that alleged the company was operating an illegal pyramid scheme. In the Stream Energy case, Gibson Dunn was brought in to try to be the "rescue squad" after briefing had closed in the district court, which certified a class of more than 150,000 current and former Stream salespeople. After coming on board, the firm filed a Rule 23(f) petition and stay application with the Fifth Circuit before winning the vacation of the certification order. "I think there was a recognition that the appeal was going to be a make-or-break or significant inflection point in the case and they felt very comfortable with having our team take the lead," Tulumello said. It's common for Gibson Dunn to be one of several high-profile defense teams trying to knock out a class action, so the firm's lawyers sometimes have to persuade their co-counsel to buy in to novel, off-the-beaten-path arguments before they can make those same arguments to a judge. "For our lawyers, it starts with treating co-counsel with respect," Chorba said. "It comes naturally to our lawyers because that's the culture we have internally." In California state court, the firm in December 2014 obtained unanimous reversal of a $94 million judgment for ABM Industries Inc. in a wage-and-hour class action that targeted employers that require employees to carry radios and remain on call during rest breaks. Gibson Dunn's approach -- attacking the trial judge's interpretation of the substantive law -- debunked the plaintiff's theory of liability and is binding on the entire plaintiff class. A California appellate court in February affirmed dismissal of a $6 billion putative class action against Time Warner Cable over its television rights agreements with Los Angeles sports teams, agreeing with Gibson Dunn arguments that the plaintiffs' claims were preempted by federal communications laws. "When you put together the results we've had with a team that is energetic, enthusiastic, working very hard to understand all the business dynamics at play and is fun to brainstorm with, it's a good combination," Tulumello said. "That's probably not all of it, but it's a lot of what separates us from other firms." ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2016. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Nina Novak at 202-362-8552. * * * End of Transmission * * *