/raid1/www/Hosts/bankrupt/CAR_Public/160303.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, March 3, 2016, Vol. 18, No. 45
Headlines
2338 SECOND AVENUE: "MLF3 Airitan" Suit Asserts Trust Breach
ACCENTURE: Class Action Over Visa Worker Discrimination Pending
AIRCRAFT SERVICE INT'L: Faces "Canlas" Wage-and-Hour Suit
ALORICA INC: "Wilson" Suit Seeks to Recover Unpaid Overtime
APPLE INC: 9th Cir. Upholds Dismissal of Suit Over Siri Function
AUSTRALIA: Riot Class Action Trial to Resume on March 7
AW MASSEY INC: "Ramos" Suit Seeks Minimum, Overtime Pay
BANK OF AMERICA: Faces Suit Over Discriminatory Lending Practices
BANNER LIFE INSURANCE: "Holstein" Sues Over Unsolicited Faxes
BATH CREST: Denied Overtime Compensation, Says "Schwartz" Suit
BENCO DENTAL: "Schwartz" Sues Over Dental Supply Price-Fixing
CALIBER HOME LOANS: "Trietsch" Suit Alleges FLSA Violation
CALIFORNIA: DMV Faces Class Suit Over Privacy
CARNEGIE NAILS & SPA: "Chen" Suit Alleges Unpaid Wages
CHAMA GAUCHA: "Bendele" Suit Alleges FLSA Violation
CHICAGO, IL: Faces "Yakov" Suit Over Contaminated Water
CITIBANK: Customer Raises Concern About Overdraft Practices
CMG DEVELOPMENT: "Cabrera" Suit Seeks Damages & Attorneys Fees
COGNIZANT TECHNOLOGY: "Naugle" Suit Seeks Unpaid Overtime Pay
COMMUNITY EDUCATION CENTERS: Faces "Smith" Suit Over Minimum Wage
CONTINENTAL AG: Faces "Ward" Suit Over Defective Airbag
DAIMLER: EPA Seeks Clarification on Diesel Engine Emissions
DEMVAS LLC: "Brandoni" Suit Seeks Unpaid Overtime Pay, Min. Wage
DOW CHEMICAL: To Settle Price-Fixing Class Action for $835MM
EXPRESS MEDICAL TRANSPORTERS: "Daniels" Suit Seeks Overtime Pay
FANDUEL INC: "Daniels" Sues Over Lanham Act Violation
FANNIE MAE: Forty Shareholders Sue Deloitte & Touche in Florida
FIRST FINANCIAL: Violates Telecommunications Act, "Mogannam" Says
FORD MOTOR: Power Steering Class Action Can Proceed
FREDDIE MAC: Shareholders Preparing to Sue PricewaterhouseCoopers
FRESH & EASY: Debtor, UCC Oppose Lewis Class Certification Bid
GATEWAY HEALTHCARE: Fails to Pay for OT Work, "Tabor" Alleges
GATOR TOWING: Faces "Valdez" Wage & Hour Complaint
GILSONS INTERNATIONAL: "Barroso" Suit Seeks to Recover OT Pay
GLASS HOUSE: "Arogty" Suit Seeks to Recover Minimum, Overtime Pay
GUTHY-RENKER LLC: "Imig" Sues Over Hair Loss From Product Use
HIGH PLAINS: "Wilkinson" Suit Alleges FLSA Violation
HYATT HOTELS: "Taylor" Sues for Credit Card Data Breach
IATA: "Restrepo" Labor Suit Moved from 11th Cir. to S.D. Fla.
IHEARTMEDIA INC: Sends Unauthorized Text Messages, "Willis" Says
INTERNATIONAL PACKING: Pleads Guilty in Mislabeled Cheese
INTERNATIONAL SCHOOL OF PIZZA: "Lopez" Sues for Missed Breaks
K&B OILFIELD: "Agan" Suit Demands Unpaid Overtime Payment
KEURIG GREEN: "Montanio" Suit Alleges Exchange Act Violation
KINGSWAY AMIGO: MSPA Claims 1 Suit Moved to S.D. Florida
LIVEWATCH SECURITY: "Meddaugh" Suit Moved to N.D. California
LOOMPY LC: "Giokas" Suit Moved from Circuit Ct. to M. D. Florida
MANNKIND CORP: "Patel" Sues over Share Price Drop
MATERIAL WRLD: "Nelson" Suit to Recover OT, Spread of Hours Pay
MCCANS GROUP: "Robinson" Suit Seeks Overtime Pay, Back Wages
MCKAY-DEE HOSPITAL: Patients Mull Suit Over Hepatitis C Exposure
MDL 2513: "Molina" TCPA Suit Consolidated in Boston
MDL 2672: 49 Class Suits v. Volkswagen et al. Transferred
MDL 2677: "Backer" Suit v. FanDuel Transferred to Boston
MDL 2677: "Boast" Suit v. FanDuel Transferred to Boston
MDL 2677: "Boast" vs. DraftKings Transferred to Boston
MDL 2687: City of Tacoma Price-Fixing Suit Transferred to N.J.
MDL 2687: East Valley Water District Suit Transferred to N.J.
MDL 2687: Mattoon Suit Transferred to N.J. Court
MERCK & CO: "Orlando" Suit Moved from NY Sup. Ct. to E.D.N.Y.
MERCY HOME: "Johnson" Suit Alleges Failure to Pay Overtime
MIC-RAY METALS: "Young" Complaint Alleges FLSA Violation
MILLER FLOORING: "Smith" Suit Seeks Overtime Pay
MILLERCOORS: Coors Light Ads Misleading, Class Suit Says
NABORS DRILLING: "Hernandez" Suit Alleges FLSA Violation
NBG DELIVERY SERVICE: "Gonzales" Suit Seeks Overtime, Minimum Pay
NEBRASKA: Judge Allows Jail Overcrowding Suit to Proceed
NEHDS LOGISTICS: Faces Improper Wage & Deductions Complaint
NEW YORK: Settles Suit Over Metropolitan Museum Ticket Price
NFL INC: "Dassa" Anti-trust Suit Moved from S.D.N.Y. to C.D. Cal.
OCCIDENTAL PETROLEUM: Faces $265 Million Suit by Oil Workers
P KEANE INC: "Quijada" Suit Seeks to Recover Unpaid Overtime
PENN-RIDGE TRANSPORTATION: "Castellon" Suit Moved to C.D. Cal.
PETRO HOME: Faces Class Action Over Misleading Pricing Plans
PHILIPPE NORTH AMERICA: "Sandoval" Suit Seeks Minimum, OT Pay
PRESSLER & PRESSLER: "Watkins" Suit Moved to N.J. Dist. Court
PSCU INC: "Davis" Suit Alleges FLSA Violation
ROYAL CARRIBEAN: Cruise Ship to Return Home After Storm Warning
QUALITY INTEGRATED: "Stapleman" Suit Alleges FLSA Violations
RESULTS COMPANIES: "Mulligan" Suit Seeks to Recover Unpaid Wages
SAINT-GOBAIN: Hoosick Falls Residents Worry Over Tainted Water
SCHWAB INVESTMENT: 8-Year-Old Investors' Suit Tossed
SEMPRA ENERGY: Faces "Kanter" Derivative Class Suit
SHARFF WITTMER: "Semiglia" Suit Alleges Unpaid Overtime Wages
SHORE MEDICAL: Faces Cass Action Over Blood Exposure Incident
SLATER & GORDON: ACA Lawyers Secure Class Suit Litigation Funders
SOUTHERN CALIFORNIA GAS: Ordered to Pay Displaced Residents
SPARK NETWORKS: "Hoffman" Suit Moved to New Jersey District Ct.
SPECTRUM OF CREATIONS: "Salazar" Suit Alleges FLSA Violation
STATE ENERGY INC: "Patton" Suit Seeks Overtime Pay
STEWART PETROLEUM: "Mathis" Suit Seeks to Recover Overtime Pay
SYNGENTA AG: "Logsdon" Suit Consolidated in MDL 2591 Kansas
TCPI INT'L: "Bai" Suit Transferred From S.D.N.Y. to N.D. Ohio
TETRAPHASE PHARMA: Faces Suit Over Exchange Act Violations
THIRD AVENUE: Faces "Tran" Securities Class Action in Cal.
TOWER SEMICONDUCTOR: "Hilinsky" Sues over Share Price Drop
TROPICAL EXCHANGE: "Brennalt" Seeks Damages for FLSA Violation
TRUMP UNIVERSITY: Trump Points to Judge's Ethnicity in Class Suit
TRUMP UNIVERSITY: Trump Files Countersuit Against Former Students
TWEEN BRANDS: April 4 Deadline Set for Justice Stores Claims
UHS OF DELAWARE: "DeJoya" Suit Moved from Super. Ct. to C.D. Cal.
UNITED DEVELOPMENT: Glancy Prongay Files Amended Complaint
UNITED SERVICES: Goodson Claims Little Involvement in Class Suit
UNITED SERVICES: Judge Holmes Quizzes Lawyers on Thatcher Ruling
UNITED STATES: Petition for Writ of Certiorari Filed in "Haggart"
US FOODS: "Cuellar-Ramirez" Labor Suit Moved to N.D. California
VIZIO INC: "Dassa" Suit Alleges Illegal Data Gathering
VOLKSWAGEN GROUP: Report on Diesel Car Solution Due March 24
WADDELL INC: Goodland Foods Suit Moved from Cty. Ct. to E.D. Mo.
XTREME DRILLING: "Pruneda" Suit Seeks Overtime Pay
* Synthetic Turf, Crumb Rubber Risks May Spur Class Actions
*********
2338 SECOND AVENUE: "MLF3 Airitan" Suit Asserts Trust Breach
------------------------------------------------------------
MLF3 Airitan LLC, as assignee of Airitan Management Corp., and
MLF3 DC LLC, as assignee of Danya Cebus Construction, LLC, on
behalf of themselves and on behalf of all persons entitled to
trust funds received by defendants in connection with projects
located at 2338 Second Avenue and 446-448 West 16th Street, New
York, New York, Plaintiffs, v. 2338 Second Avenue Mazal LLC, 167th
Street Mazal LLC, Bran Polack, Amir Hasid, Nir Amsel, Bank Leumi
USA and John and Jane Does 1-10, Defendants, Case No. 650040/2016
(N.Y. Sup., January 5, 2016), seeks recovery of monies, property
and assets, compensatory and punitive damages, interest, ancillary
relief, pre-judgment and post-judgment interest, attorneys' fees
and costs as a result of breach of trust obligations and the Lien
Law.
Airitan agreed to perform construction management services and to
furnish labor and materials for the construction of a new
residential building in New York where the owners received trust
funds for labor, materials and equipment to be held and first
expended and applied for the payment of the costs of the
improvements of the said projects. Said amounts have not yet been
paid to the Contractor.
2338 Second Avenue Mazal LLC is a Delaware limited liability
company authorized to do business in the State of New York with
offices at 3 East 54th Street, 15th Floor, New York, New York
10022. Polack, Hasid, Amsel and Bank Leumi are trustees of the
said Trust Assets.
The Plaintiff is represented by:
Henry C. Chan, Esq.
Andrew G. Kao, Esq.
WILSON & CHAN, LLP
733 Third Avenue, 16th Floor
New York, New York 10017
Tel: (646) 790-5848
- and -
Paul V. Lucas, Jr., Esq.
SEARLS SHLEYMOVICH, P.C.
100 Wall Street, 23rd Floor
New York, New York 10005
Tel: (212) 203-8356
ACCENTURE: Class Action Over Visa Worker Discrimination Pending
---------------------------------------------------------------
Lynne Marek, writing for Crain's Chicago Business, reports that
for Accenture, going global hasn't been a problem, even here in
Illinois. The consulting firm uses worker visas for more employees
than any other company in the state, according to data recently
analyzed by a Howard University professor.
"It's an extra-profitable business because the cost savings can be
40 percent or more," says professor Ron Hira. He is a critic of
the practice because he says Accenture and other companies that
bring thousands of visa workers to the U.S. pay them less and
deploy them to replace Americans.
Such concerns have sparked lawsuits: One visa-holding software
engineer from India quit and sued Accenture last year in New York
state court, alleging the company subjected him to "discriminatory
treatment" by paying him lower wages than his American
counterparts and denying him benefits. (He's seeking class-action
status in the pending case.) Meanwhile, legislators including
Illinois Sen. Dick Durbin are trying to curb the practice, calling
it an abuse of the U.S. visa program.
At a Feb. 25 hearing of the Senate Judiciary Subcommittee on
Immigration and the National Interest on the topic, Sen. Durbin
said the abuse is "worse today than ever," with companies using
legal loopholes "to displace qualified American workers and
offshore American jobs."
Dublin-based Accenture's global strategy over the past decade has
paid off, with its profits more than tripling and its stock price
jumping more than fourfold.
"The vast majority of our people are local nationals working in
their home country," says James McAvoy, a spokesman for Accenture.
"When we do not have the specialized skills required for a client
project in a country, we use work visas to bring in the necessary
talent."
The company, which grew out of now-defunct Chicago accounting firm
Arthur Andersen, has about 373,000 employees in 55 countries,
including thousands employed under the visa program.
Over the past 10 years, Accenture has applied for almost 14,000 H-
1B visas, according to Mr. Hira, and that doesn't include
thousands of additional renewal applications or other types of
visas.
H-1B visas allow non-immigrant workers to be in the U.S.
temporarily for "specialty occupations" that require "highly
specialized knowledge," according to the U.S. Labor Department.
The intent of the program is to help employers that cannot
otherwise obtain workers with the skills they need. Visas are
capped annually at 65,000 for undergraduate degree holders, or
85,000 including graduate degrees, so consultants like Accenture
typically file a barrage of applications to best others' bids.
What it's after: Along with a clutch of other companies in the
business, Accenture is trying to fill jobs mainly in information
technology. The company helps clients get the skilled workers
they need to shift to new mobile, digital, cloud and other
technologies, and there's a lack of those types of employees in
the U.S., says Morningstar analyst Andrew Lange.
"Accenture is the intermediary helping people transfer over to
these new technologies," Mr. Lange says.
It provides the services at low costs, and not just through visa
workers but also via a huge pool of inexpensive employees it
maintains outside the country. Josh Olson, an analyst at Edward
Jones in Des Peres, Mo., says two-thirds of Accenture's workforce
is in such low-cost labor markets as India and the Philippines.
"They're very good managers of costs," he says.
HOW MANY IN ILLINOIS?
Nationwide, Accenture was the fifth-largest petitioner for new
visas in 2014, after its mainly India-based rivals, according to
Mr. Hira's data. (The professor has not parsed the data for 2015.)
Accenture won't say exactly how many of the visa-holding workers
who registered through its Illinois-based limited liability
partnership actually work in the state--but with 5,500 of its
48,000 U.S.-based employees located in Chicago, it's likely a
significant portion. Mr. Hira estimates about 923 Accenture visa
holders in Illinois, including 352 in Chicago, below only those in
Charlotte, N.C., or Houston. The company says that it doesn't
have any special connection to Chicago today; Mr. McAvoy, the
spokesman, contends that Accenture doesn't have roots in the city
and declined to make a top executive available for an interview.
Accenture dropped the Andersen Consulting name in 2001, months
before its accounting firm cousin began to melt down. Soon after,
it began to branch out internationally. It reincorporated to
Ireland in 2009.
As Accenture has grown, the number of its visa-holding workers has
followed, climbing from 713 new and renewal applications in 2005
to 4,304 nationwide in 2012. It plateaued at about that level
through 2014. About 75 percent of the workers are from India,
according to the data.
The company's revenue and profit have been rising, too. For fiscal
year 2015, Accenture reported net income of $3.72 billion, up from
$940 million in 2005.
Its stock has soared, jumping to a high last year of $109.86 in
October, up from $28.87 at the end of 2005. This year the stock
price has dipped, along with the market, to close at $101.12 on
Feb. 26.
ACTION AT ABBOTT
In a Feb. 29 statement, Sen. Durbin, a Democrat, cited reports
that North Chicago-based Abbott plans to cut 180 information
technology workers by April and have them train their foreign
worker replacements. In a letter to Abbott CEO Miles White,
Sen. Durbin urged the CEO to restore the American workers' jobs.
"The gaps in current law are no excuse for your company to treat
your employees so unfairly," sen. Durbin said in the letter to
Ms. White on Feb. 27. "It should go without saying that such
harsh and insensitive conduct is not justified by whatever
marginal financial benefit might accrue to your company."
The displaced Abbott workers are receiving severance pay and being
notified of jobs available with Wipro, the Indian company that is
providing temporary foreign workers to Abbott,
Sen. Durbin said in the letter.
A spokesman for Abbott didn't immediately respond to a request for
comment. Wipro also didn't immediately respond to emails sent to
representatives for the company.
AIRCRAFT SERVICE INT'L: Faces "Canlas" Wage-and-Hour Suit
---------------------------------------------------------
Jezen Canlas and George Sto. Domingo, on behalf of himself, and on
behalf of others similarly situated, and the general public,
Plaintiffs, v. Aircraft Service International, Inc., and Does 1-
25, Defendants, Case No. CGC-16-550475, (Cal. Super., February 18,
2016), alleges that the Defendants failed to pay compensation for
missed and improper meal periods; failed to pay compensation for
missed and improper rest periods; failed to pay wages; failed to
pay overtime compensation; violated the California Labor Code
Sections 201-203; failed to issue accurate wage statements; and
violated the California Business and Professions Code Sections
17200 et. seq.
Defendant Aircraft Service International, Inc., offers aviation
services at commercial service airports worldwide with several
locations in California including SFO, Los Angeles International
Airport, and San Diego International Airport.
The Plaintiffs are represented by:
Arlo Garcia Uriarte, Esq.
Un Kei Wu, Esq.
Ernesto Sanchez, Esq.
Brent A. Robinson, Esq.
LIBERATION LAW GROUP, P.C.
2760 Mission Street
San Francisco, CA 94110
Tel: (415) 695-1000
Fax: (415) 695-1006
ALORICA INC: "Wilson" Suit Seeks to Recover Unpaid Overtime
-----------------------------------------------------------
Mitch Wilson, Merle T. Rutledge, Jr., Yolanda Gray, Dion Cole,
Elica Loving, Laqueena Burke, Anthony Lewis, and all others
similarly-situated v. Alorica, Inc., Case No. 2:16-cv-00041 (E.D.
Va., January 28, 2016), seek declaratory relief, injunctive relief
and relief for unpaid overtime compensation and liquidated damages
pursuant to the Fair Labor Standards Act.
Defendant Alorica is a California corporation authorized to do
business in Virginia and provides customer service and business
management services to customers in 73 locations throughout the
United States and abroad. As a function of its business, Alorica
operates call centers offering customer support and sales,
including sale of Direct TV subscriptions.
The Plaintiffs are represented by:
James H. Shoemaker, Jr., Esq.
Jason E. Messersmith, Esq.
PATTEN, WOMOM, HATTEN & DIAMONSTEIN, L.C.
12350 Jefferson Avenue, Suite 300
Newport News, VA 23602
Tel: (757) 223-4580
Fax: (757) 223-4518
E-mail: Jshoemaker@Dwhd.com
imessersmith@Dwhd.com
- and -
Cindra Dowd, Esq.
Richard J. Serpe, Esq.
LAW OFFICES OF RICHARD J. SERPE, P.C.
Crown Center, Suite 310
580 East Main Street
Norfolk, VA 23510-2322
Tel: (757) 233-0009
Fax: (757) 233-0455
E-mail: rserDe@serDefirm.com
cdowd@serDefirm.com
APPLE INC: 9th Cir. Upholds Dismissal of Suit Over Siri Function
----------------------------------------------------------------
Katherine Proctor, writing for Courthouse News Service, reported
that with one judge emphatically dissenting, the Ninth Circuit on
Feb. 25 upheld a federal judge's dismissal of a class action in
San Francisco against Apple claiming that the voice-activated Siri
function on the iPhone 4S does not work as advertised.
Lead plaintiff Frank Fazio claimed in 2012 that Siri often could
not find locations and responded with "I don't know" when asked
questions or failed to respond at all, which he said went contrary
to Apple's marketing campaign for the "intelligent assistant that
helps you get things done just by asking."
U.S. District Judge Claudia Wilken dismissed the case in February
2014, finding that the plaintiffs "fail to isolate the particular
statements at issue and explain each statement's false and
misleading nature."
The circuit's three-judge panel affirmed Wilken's decision in a 6-
page unpublished opinion, holding that "merely pointing to product
demonstrations of Siri in Apple's general advertising campaign is
insufficient to show that Apple fraudulently misled plaintiffs
into believing Siri would perform consistently."
"Plaintiffs do not allege that Siri never worked, just that Siri
did not work as consistently as expected," the opinion said.
But Circuit Judge Barry Silverman pointed out in his spirited
dissent that the plaintiffs did not allege that Siri did not work
as they "expected," but that she did not work "as advertised."
"In a false advertising case, that is a crucial distinction,"
Silverman said.
Silverman noted that "the essence of Apple's attack on the
sufficiency of the complaint is that plaintiffs did not plead that
the commercials specifically state that Siri will work
'consistently.'"
He added, "With all due respect, that's baloney," and he said that
Apple's motion to dismiss should have been denied.
The case captioned, In re: IPHONE 4S CONSUMER LITIGATION, FRANK M.
FAZIO; CARLISA S. HAMAGAKI; DANIEL M. BALASONNE; BENJAMIN
SWARTZMANN, individually and on behalf of all others similarly
situated, Plaintiffs - Appellants, v. APPLE, INC., a California
Corp. Defendant - Appellee. D.C. No. 4:12-cv-01127-CW (9th Cir.).
AUSTRALIA: Riot Class Action Trial to Resume on March 7
-------------------------------------------------------
Samantha Healy, writing for Townsville Bulletin, reports that
lawyers working on one of North Queensland's biggest class action
lawsuits claim they have "a few smoking guns" when the case
resumes in March.
The Federal Court case of Wotton and the State of Queensland
resumes in Townsville on March 7 and is expected to run for at
least 10 days.
It comes after the court convened for 10 days in September -- five
days on Palm Island and five days in Townsville.
Stewart Levitt, for applicant Lex Wotton, said they would cross-
examine police officers involved in, or connected to, the Palm
Island riots.
Mr. Wotton's wife Cecelia and mother, Agnes, are also applicants
in the lawsuit.
"We have documents containing a few smoking guns that we will put
to some of them," he said.
"We feel confident given the relatively recent Supreme Court
decision."
In October last year, the Supreme Court of Queensland found in
favor of David Bulsey and his former partner, Yvette Lenoy, whose
home was raided during the unrest. The court criticized the
excessive force used by police when they arrived at the home to
arrest Mr. Bulsey, who had previously made a statement critical of
police following the death in custody of Cameron "Mulrunji"
Doomadgee.
The State Government was ordered to pay the duo a total of
$235,000 in compensation.
The finding was delivered almost 11 years after Mr. Mulrunji's
death in custody on November 19, 2004.
Following his death, tensions on the island began to rise amid
concerns of a police cover-up, culminating in a riot that saw the
police station, a police house, barracks and courthouse burned
down.
Mr. Wotton, a two-term Palm Island Aboriginal Shire councilor, was
jailed for almost two years for inciting the riot. Twenty-eight
islanders were charged after the riot, which saw a state of
emergency declared and a large contingent of armed police called
in.
The police officer accused of causing Mr. Mulrunji's death,
Senior-Sergeant Chris Hurley, was acquitted of manslaughter in
2007.
In 2013, Mr. Wotton lodged a class action on behalf of the
island's residents, with only a small percentage of residents
opting out of the claim.
The lawsuit alleges the police response to the riot was excessive,
intimidating and racist.
AW MASSEY INC: "Ramos" Suit Seeks Minimum, Overtime Pay
---------------------------------------------------------------
Sixto Ramos and all others similarly situated, Plaintiff, v. A. W.
Massey Inc., A. W. Massey Services, LLC and A. W. Massey
Defendants, Case No. 3:16-cv-00201-N (N.D. Tex., Dallas Division,
January 25, 2016), seeks overtime wages, double damages and
reasonable attorney fees pursuant to the Fair Labor Standards Act.
Ramos worked for Defendants as a landscaper and laborer. He has
not been paid minimum wages and/or overtime for work performed in
excess of 40 hours per week, says the complaint.
A.W. Massey owns A. W. Massey Inc. and A. W. Massey Services, LLC.
Both are Texas Corporations operating within Dallas.
The Plaintiff is represented by:
Robert Manteuffel, Esq.
J.H. Zidell, Esq.
Robert L. Manteuffel, Esq.
Joshua A. Petersen
J.H. ZIDELL, P.C.
6310 LBJ Freeway, Ste. 112
Dallas, TX 75240
Tel: (972) 233-2264
Fax: (972) 386-7610
Email: zabogado@aol.com
rlmanteuffel@sbcglobal.net
josh.a.petersen@gmail.com
BANK OF AMERICA: Faces Suit Over Discriminatory Lending Practices
-----------------------------------------------------------------
Ghanshyam Das Pokal and Geeta G. Pokal, Plaintiffs, v. Bank of
America, a National Banking Association and Does 1-100 inclusive,
Defendants, Case No. BC611468, (Cal. Super., February 24, 2016),
alleges that the bank's cross-collateralization practices that
were implemented against Plaintiffs was not implemented against
similarly situated borrowers of the bank that are not Asian-Indian
which the bank knew of at the time of the entering into the
Plaintiffs loans.
Defendant Bank Of America N.A., a Foreign Corporation, is a bank
formed and authorized to do business as such under federal law
whose principal place of business is located at 100 North Tryon
Street, Charlotte, North Carolina, but that does business in the
State of California.
The Plaintiffs are represented by:
Frank A. Weiser, Esq.
Attorney at Law
3460 Wilshire Blvd., #1212
Los Angeles, CA 90
Tel: (213) 384-6964
Fax: (213) 383-7368
Email: maimons@aol.com
BANNER LIFE INSURANCE: "Holstein" Sues Over Unsolicited Faxes
-------------------------------------------------------------
Russell M. Holstein, Ph.D., LLC a New Jersey limited liability
company, individually and as the representative of a class of
similarly-situated persons, Plaintiff, v. Banner Life Insurance
Company, William Penn Life Insurance Company of New York, FPA
Katchen, LLC, Trestle & Associates Limited Liability Company and
John Does 1-10, Defendants, Case 3:16-cv-00462-MAS-TJB (D.N.J.,
Trenton Vicinage, January 27, 2016), seeks injunctive relief,
statutory damages, treble damages, reasonable attorneys' fees and
costs of suit, pre-judgment and post-judgment interest and other
and further relief pursuant to the Telephone Consumer Protection
Act of 1991, as amended by the Junk Fax Prevention Act of 2005, 47
USC Sec. 227 and the New Jersey Consumer Fraud Act 56:8-1.
Plaintiff alleges that the Defendants transmitted unsolicited
faxed advertisements without prior consent.
Banner Life Insurance Company is an insurance company incorporated
in the state of Maryland with its principal office in Rockville,
MD. William Penn Life Insurance Company of New York is a wholly
owned subsidiary of Banner Life.
FPA Katchen, LLC and Trestle & Associates are agents of Banner
Life.
The Plaintiff is represented by:
Michael J. Canning, Esq.
Matthew N. Fiorovanti, Esq.
GIORDANO, HALLERAN & CIESLA
125 Half Mile Road, Suite 300
Red Bank, NJ 07701-6777
Tel: (732) 741-3900
Fax: (732) 224-6599
- and -
Brian J. Wanca, Esq.
Ryan M. Kelly, Esq.
ANDERSON & WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Tel: (847) 368-1500
Fax: (847) 368-1501
BATH CREST: Denied Overtime Compensation, Says "Schwartz" Suit
--------------------------------------------------------------
Randy Schwartz, on behalf of himself and others similarly
situated, Plaintiff, v. Bath Crest of Florida LLC, a Florida
Limited Liability Company, and Fernand Labelle, individually,
Defendants, Case No. 0:16-cv-60335-WJZ, (S.D. Fla., February 21,
2016), seeks to recover from Defendants unpaid overtime
compensation, liquidated damages, and the costs and reasonable
attorneys' fees of this action under the provisions of the Fair
Labor Standards Act, 29 U.S.C. Section 216(b), for Plaintiff and
the other similarly situated non-exempt employees of Defendants.
The case is assigned to Judge William J. Zloch.
Bath Crest Of Florida LLC, a Florida Limited Liability, operated a
bathroom remodeling business based in Pompano Beach, Florida and
provided services at numerous locations including but not limited
to, in Miami-Dade, Broward, and Palm Beach County, Florida.
The Plaintiff is represented by:
Keith M. Stern, Esq.
LAW OFFICE OF KEITH M. STERN, P.A.
2300 Glades Road, Suite 360W
Boca Raton, FL 33431
Tel: (561) 299-3703
Fax: (561) 288-9031
Email: employlaw@keithstern.com
BENCO DENTAL: "Schwartz" Sues Over Dental Supply Price-Fixing
-------------------------------------------------------------
Keith Schwartz, D.M.D., P.A., individually and on behalf of all
those similarly situated, Plaintiff, v. Benco Dental Supply Co.,
Henry Schein, Inc., and Patterson Companies, Inc., Defendants,
Case 1:16-cv-00443 (E.D.N.Y., January 27, 2016), seeks damages,
costs of suit, including reasonable attorneys' fees, further and
additional relief under Section 2 of the Sherman Act and Section 4
and 16 of the Clayton Act.
According to the complaint, Defendants, who are providers of
dental supplies in the United States, dominated over 80% of the
market, and engaged in anti-competitive actions.
Schwartz is a practicing dentist who purchases dental supplies
directly from Defendants.
The Plaintiff is represented by:
Linda P. Nussbaum, Esq.
Bradley J. Demuth, Esq.
NUSSBAUM LAW GROUP, P.C.
570 Lexington Avenue, 19 Fl.
New York, NY 10022
Tel: (212) 722-7053
Fax: (212) 681-0300
Email: lnussbaum@nussbaumpc.com
bdemuth@nussbaumpc.com
- and -
Michael E. Criden, Esq.
Kevin B. Love, Esq.
CRIDEN & LOVE, P.A.
7301 S.W. 57th Court, Suite 515
South Miami, FL 33143
Tel: (305) 357-9000
Fax: (305) 357-9050
Email: mcriden@cridenlove.com
klove@cridenlove.com
- and -
Warren T. Burns, Esq.
BURNS CHAREST LLP
500 North Akard Street, Suite 2810
Dallas, TX 75201
Tel: (469) 904-4550
Fax: (469) 444-5002
Email: wburns@burnscharest.com
CALIBER HOME LOANS: "Trietsch" Suit Alleges FLSA Violation
----------------------------------------------------------
Kimberly Trietsch, on behalf of herself and all others similarly
situated, Plaintiff, v. Caliber Home Loans, Inc., Defendant,
Case No. 3:16-cv-00483-N, (N.D. Tex., February 21, 2016), seeks:
A. Designation of this action as a collective action on behalf of
the FLSA Collective and prompt issuance of notice pursuant to
29 U.S.C. Section 216(b) to all similarly situated members of
the FLSA Collective, apprising them of the pendency of this
action, and permitting them to assert timely FLSA claims in
this action by filing individual Consent to Join forms pursuant
to 29 U.S.C. Section 216(b);
B. A declaration that Defendant is financially responsible for
notifying the FLSA Collective of its alleged wage and hour
violations;
C. Judgment against Defendant for an amount equal to Plaintiff and
the FLSA Collective's unpaid overtime wages at the applicable
rates;
D. A finding that Defendant' conduct was willful;
E. An equal amount to the overtime wages as liquidated damages;
F. All costs and attorney' fees incurred prosecuting these claims,
including expert fees;
G. Pre-judgment and post-judgment interest, as provided by law;
H. Leave to add additional plaintiffs by motion, the filing of
written consent forms, or any other method approved by the
Court; and
I. Such further relief as the Court deems just and equitable.
The case is assigned to Judge David C. Godbey.
Plaintiff, individually and behalf of all other similarly
situated, demands a jury trial on all causes of action and claims
with respect to which they have a right to jury trial pursuant to
Federal Rule of Civil Procedure 38(b).
Caliber Homes Loans, Inc., is a national residential mortgage
company that originates and services home loans. Caliber was
founded by Lone Star Funds, a global private equity fund. Caliber
originates home loans through a network of over 100 retail
branches, wholesale lending, correspondent lending, mini-
correspondent lending, and a consumer direct centralized
operational center.
The Plaintiffs are represented by:
J. Derek Braziel, Esq.
State Bar No. 00793880
LEE & BRAZIEL, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, TX 75202
Tel: (214) 749-1400
Fax: (214) 749-1010
Email: jdbraziel@l-b-law.com
- and -
Rowdy B. Meeks, Esq.
Rowdy Meeks Legal Group LLC
10601 Mission Road, Suite 100
Leawood, KS 66206
Tel: (913) 766-5585
Fax: (816) 875-5069
Email: Rowdy.Meeks@rmlegalgroup.com
CALIFORNIA: DMV Faces Class Suit Over Privacy
---------------------------------------------
Katherine Proctor, writing for Courthouse News Service, reported
that California's Department of Motor Vehicles violates privacy
and the state constitution by illegally retaining and reporting
confidential criminal history records, six Californians claim in a
class action in Oakland, Calif. state court.
Five pseudonymous plaintiffs and Steve Thomasberger sued the DMV
and its director Jean Shiomoto on Feb. 24, accusing them of
violating the Information Practices Act, due process, the vehicle
code and other charges. The 50-page lawsuit in Alameda County
Court includes 63 pages of exhibits.
The Doe plaintiffs sued for privacy violations, Thomasberger as a
taxpayer. They say the DMV maintains criminal history records for
"upwards of one million" Californians, and violates privacy
protections for certain records by retaining them after the
statutory period has expired. Those records include records of
arrests that did not result in convictions, dismissed convictions,
and convictions set aside.
The DMV has "no legitimate use" for those records, but it "refuses
to purge many such obsolete records even upon individual request,
and makes it nearly impossible for record subjects to correct
inaccurate records," according to the complaint.
The DMV reports these records to employers and private background
check companies for employment screening, in violation of
California's Constitution and Labor Code, the complaint states.
The Does call the practices "especially pernicious," because they
give employers access to confidential records that employers many
not obtain legally from employment background checkers, including
private companies and the California Department of Justice.
"California employers are aware that the DMV's loose record
retention and reporting practices allow them access to criminal
history records they would otherwise be unable to obtain," the
complaint states.
"They take full advantage of this criminal record reporting
loophole."
The plaintiffs say the DMV policy injures Californians who seek
employment in traditional driving positions as well as applicants
for positions that do not involve driving as a primary function,
such as security guards and dockworkers. They seek class
certification, writ of mandate, and an injunction. They are
represented by Sarah Crowley, with the East Bay Community Law
Center in Berkeley.
The DMV declined to comment.
CARNEGIE NAILS & SPA: "Chen" Suit Alleges Unpaid Wages
------------------------------------------------------
Shu Lan Chen, individually and on behalf of all other employees
similarly situated, Plaintiff, v. Carnegie Nails & Spa, Inc., Abey
Nail & Spa II, Inc., Sang Woo Han, John Doe and Jane Doe # 1-10,
Defendants, Case No. 1:16-cv-01275, (S.D.N.Y., February 18, 2016),
alleges that the Plaintiff is entitled to:
(i) unpaid minimum wages;
(ii) unpaid wages for overtime work for which she did not
receive overtime premium pay, as required by law, and
(iii) reimbursement of unlawfully deduced and retained tips;
(iv) reimbursement of unlawfully retained wages; and
(v) liquidated damages, declaratory relief, costs, interest
and attorneys' fees pursuant to the Fair Labor Standards
Act, 29 U.S.C. Sections 201 et seq.
The Plaintiff demands a trial by jury on all questions of fact
raised by the complaint.
Defendants maintain a place of business located in New York.
The Plaintiff is represented by:
Jian Hang, Esq.
136-18 39th Ave., Suite 1003 Flushing
New York 11354
Tel: (718) 353-8588
Email: jhang@hanglaw.com
CHAMA GAUCHA: "Bendele" Suit Alleges FLSA Violation
---------------------------------------------------
Michael Bendele, on behalf of himself and others similarly
situated, Plaintiffs, Chama Gaucha Brazilian Steakhouse, Inc. and
Joao Ongaratto, and John Doe Defendants 1 to 5, Defendants, Case
No. 5:16-cv-00190, (W.D. Tex., February 24, 2016), alleges that
the Defendants violated the minimum wage provisions of the Fair
Labor Standards Act and forfeited the Plaintiff's right to claim a
tip credit against their minimum wage obligations for each hour
Bendele and each putative class member worked within the last
three years when these deductions were made.
Chama Guacha Brazilian Steakhouse, Inc. is a domestic, for-profit
corporation that owns and operates Brazilian steakhouses.
The Plaintiffs are represented by:
Glenn D. Levy, Esq.
LAW OFFICES OF GLENN D. LEVY
906 West Basse, Suite 100
San Antonio, TX 78212
Tel.: (210) 822-5666
Fax: (210) 822-5650
CHICAGO, IL: Faces "Yakov" Suit Over Contaminated Water
-------------------------------------------------------
Tatjana Blotkevic, Ilya Peysin, and Yakov Yarmove, individually
and on behalf of all others similarly situated, Plaintiffs, v.
City Of Chicago, Case No. 2016-CH-02292, (Ill. Cir., February 18,
2016), alleges that the City has failed to warn Plaintiffs and the
Class of the dangers of drinking or cooking with City water, and
to provide accurate directions to Plaintiffs and the Class of how
to reduce the risk of lead contamination in the water from their
taps.
Accordingly, Plaintiffs seek to recover the costs of diagnostic
testing necessary to detect lead poisoning to them, their
children, and the Class resulting from Defendant's actions.
Plaintiffs also seek to require the City to replace their service
lines in full, given that the City has interfered with their
private property and caused damage that cannot be reversed.
The Plaintiffs are represented by:
Elizabeth A. Fegan, Esq.
Mark T. Vazquez, Esq.
455 Cityfront Plaza Drive, Suite 2410
Chicago, IL 60611
Tel: (708) 628-4949
Fax: (708) 628-4950
Email: beth@hbsslaw.com
markv@hbsslaw.com
- and -
Steve W. Berman, Esq.
1918 Eighth A venue, Suite 3 300
Seattle, W A 98101
Tel: (206) 623-7292
Fax: (206) 623-0594
Email: steve@hbsslaw.com
- and -
David Freydin, Esq.
Timothy A. Scott, Esq.
FREYDIN LAW FIRM LLP
8707 Skokie Blvd # 305
Skokie, IL 60077
Tel: (847) 972-6157
CITIBANK: Customer Raises Concern About Overdraft Practices
-----------------------------------------------------------
Michael Corkery and Jessica Silver-Greenberg, writing for The
New York Times, report that Angelina Lemus was puzzled. She had
no idea why every month as much as $96 was disappearing from her
Citibank checking account.
Months later, Ms. Lemus finally figured out the mystery -- or at
least part of it. Citibank was taking out the money to pay a loan,
with an interest rate of 18 percent, that was devised to cover the
shortfall every time Ms. Lemus overdrew her checking account.
The problem was that Ms. Lemus, a home health care worker from
Queens, said she never signed up for the line of credit and was
unaware that she was borrowing from it every time her account
dipped below zero.
In all, Ms. Lemus had amassed $3,400 in debt -- a tangle of
interest, principal and other fees that have damaged her credit.
Ms. Lemus is one of millions of Americans tripped up by overdraft
practices, a murky corner of consumer banking that, despite a lot
of hand-wringing in Washington, costly litigation and customer
rancor, remains largely untouched by financial regulation.
In a push for transparency since the 2008 financial crisis,
regulators require banks to clearly disclose and explain the terms
of just about every financial product, including credit cards and
mortgages. But overdraft practices still come with hidden costs
and confusing terms, bank customers, lawyers and consumer
advocates say.
Citibank declined to comment on Ms. Lemus's situation. In a
statement on its practices, a bank spokesman said, "Customers who
choose overdraft lines of credit must enroll, and any line of
credit balance appears on every monthly statement." Over all, the
spokesman said, "Citibank customers pay in fees a small fraction
of what customers of other big banks pay."
Typically, banks charge customers $35 every time they spend more
than the balance in their checking account. Those fees add up,
haunting borrowers and cannibalizing already low bank balances.
One mistake can push checking accounts into the red, generating
multiple fees in a single day.
But other, sometimes harmful practices are proliferating, too,
like lines of credit that banks pitch as an alternative way to
cover shortfalls in checking accounts but that can end up
ensnaring customers like Ms. Lemus in a cycle of debt.
"It is such an insidious thing," said Susan Shin, legal director
of the New Economy Project, which works with community groups in
New York.
It is by no means a new problem. In a series of class-action
lawsuits beginning in 2009 against more than a dozen big banks,
customers accused banks of hiding a practice known as reordering.
The practice, the lawsuits revealed, involved deliberately
processing large transactions like mortgage payments first before
taking out smaller charges, like a purchase of coffee -- even if
customers bought the coffee first. By arranging the order of
transactions, the banks could maximize the number of overdrafts
they charged. At the time, some banks defended the practice,
arguing it ensured that large, important bills were covered.
The lawsuits resulted in the banks paying more than $1.1 billion
in settlements. Among them was TD Bank, which agreed to pay $62
million.
TD Bank is still reordering transactions and informs customers
about the practice in the fine print of its checking account
agreements.
"Their position is 'If we disclose it, we can get away with
whatever the hell we want,'" said Mark Mangan, a TD Bank customer
from Bloomfield, N.J., who has been hit with as much as $140 in
overdraft fees in a single day.
When asked about its reordering of customer transactions, TD Bank
said in statement that it planned to end the practice as soon as
April.
"We know our customers have come to expect a certain level of
convenience and an unparalleled experience from us, and meeting
that expectation drives this decision," said Judith Schmidt, a TD
Bank spokeswoman. She declined to comment on Mr. Mangan's
experience.
Such small fees can amount to big profits for the banks. More than
11 percent of TD Bank's total operating income came from overdraft
fees and other consumer service fees during the first nine months
of last year. That is roughly five times the industry average,
according to Federal Deposit Insurance Corporation data compiled
by SNL Financial, a research firm.
The TD Bank spokeswoman said its overdraft fees accounted for a
proportionally larger share of its operation than at other banks
because TD was focused primarily on consumer banking, while many
other financial companies have a wider range of businesses, like
investment banking.
The total number of overdraft fees has declined since the
financial crisis, but their persistence reflects a reality of the
banking industry: Regulations have crimped profits from once-
profitable activities like lending.
It turns out that overdraft fees are the banks' version of
cigarette smoking, a habit that is tough to break.
The nation's big consumer banks collected about $11 billion in
overdraft fees last year, which accounted for 8 percent of their
profits, according to a report by the Consumer Financial
Protection Bureau.
Regulations, passed in 2010, require banks to give customers a
choice of whether to incur overdraft fees or have a transaction
declined.
But many customers end up confused by how overdrafts work. In
their marketing materials, for example, banks present the choice
of whether to sign up for overdraft as an offer of "overdraft
protection" -- a feature many customers thought would
automatically deny transactions and shield them from incurring the
fees at all. In reality, it is a service authorizing the banks to
charge the overdraft fees. Navy Federal Credit Union, for example,
brands its product OOPS, or "Optional Overdraft Protection
Service."
"There was a push to frame 'opt-in' as a positive thing and
sometimes gloss over the details," said Samantha Kinney, who used
to work at a retail bank and is now a financial counselor at
Neighborhood Trust Financial Partners in New York.
Mr. Mangan, who works as a technology consultant, says he is the
first to acknowledge that when he bounces a check, he should pay a
penalty. But, one day last May, he noticed that TD Bank Group had
charged him a $35 overdraft fee even though his account still had
money in it.
That afternoon, Mr. Mangan withdrew $20 in cash at a TD Bank
A.T.M., leaving only a few dollars in his account. That night, TD
Bank processed a $125 check that he had written days earlier. As a
result, the bank charged him two fees: one for the bounced check
and another for the $20 A.T.M. withdrawal.
"I had that money in my account. I have the slip to prove it," Mr.
Mangan said.
The Consumer Financial Protection Bureau is hashing out rules that
could limit reordering, according to people briefed on the matter
but not authorized to speak publicly about it. Outlines of the
rules are expected this year.
Still, the regulation is not a panacea, consumer advocates say. It
will not address the lines of credit, which are considered loans.
The credit lines are supposed to be less expensive than
traditional overdrafts, and if customers pay off the loans
quickly, the charges amount to only a few dollars.
But the costs can add up. KeyBank's credit line, for example,
carries a 15 percent interest rate, a $10 fee for every time
customers overdraw their account, a $30 annual fee and $25 late
fees.
The real problems arise, though, when customers have no idea that
they signed up for the loans. It is an easy mistake to make, bank
customers say, since the credit lines are often tucked into
checking account agreements and do not require a separate
signature to be approved.
Citigroup's line of credit is called "Checking Plus," which to Ms.
Lemus, who speaks primarily Spanish, did not appear to be anything
like a loan. When she first noticed the $96 withdrawals, Ms. Lemus
was alarmed.
But what she learned was even more distressing: Every time she
overdrew her checking account, Citigroup was lending her money at
18.25 percent to cover the shortfalls. There were other unusual
features and charges associated with the loan. Citigroup extended
the loan in $100 increments, even if she was short by only $35.
And in one month, Citigroup withdrew the loan payment two days
after the due date the bank itself had set. For this, Citigroup
collected an additional $25 for the late payment.
"I felt so humiliated," Ms. Lemus said.
If she made just the minimum payment, it would take Ms. Lemus 13
years to pay off her credit line. The bank has been trying to
collect the debt.
CMG DEVELOPMENT: "Cabrera" Suit Seeks Damages & Attorneys Fees
--------------------------------------------------------------
Rogelio Aroldo Cabrera and all others similarly situated under 29
U.S.C. 216(b), Plaintiff, v. CMG Development LLC, Carlos M.
Gonzalez, Alex Granados, Defendants, Case No. 1:16-cv-20581-FAM,
(S.D. Fla., February 18, 2016), alleges violations of the Fair
Labor Standards Act, 29 U.S.C. Sections 201-216.
The Plaintiff was a resident of Dade County, Florida at the time
that this dispute arose.
The Defendant CMG Development LLC is a corporation that regularly
transacts business within Dade County. CMG was the FLSA employer
for Plaintiff's respective period of employment.
The individual Defendant Carlos M. Gonzalez is a corporate officer
and/or owner and/or manager of CMG who ran the Company's day-to-
day operations for the relevant time period and was responsible
for paying Plaintiff's wages for the relevant time period and
controlled Plaintiff's work and schedule and was therefore
Plaintiff's employer as defined by 29 U.S.C. 203 (d).
The individual Defendant Alex Granados is a manager of the Company
who ran the day-to-day operations of the Company for the relevant
time period and was responsible for paying Plaintiff's wages for
the relevant time period and controlled Plaintiff's work and
schedule, and was therefore Plaintiff's employer as defined by 29
U.S.C. 203 (d).
The Plaintiff requests double damages and reasonable attorney fees
from Defendants, jointly and severally, pursuant to the Fair Labor
Standards Act, to be proven at the time of trial for all overtime
wages still owing from Plaintiff's entire employment period with
Defendants or as much as allowed by the Fair Labor Standards Act
along with court costs, interest, and any other relief that this
Court finds reasonable under the circumstances. The Plaintiff
requests a trial by jury.
The Plaintiffs are represented by:
J.H. Zidell, Esq.
J.H. Zidell, P.A.
300 71st Street, Suite 605
Miami Beach, FL 33141
Tel: (305) 865-6766
Fax: (305) 865-7167
COGNIZANT TECHNOLOGY: "Naugle" Suit Seeks Unpaid Overtime Pay
-------------------------------------------------------------
David E. Naugle, individually and on behalf of all similarly
situated, Plaintiff, v. Cognizant Technology Solutions U.S.
Corporation, Defendant, Case No. 8:16-cv-00398-MSS-TGW, (Fla.
Cir., February 19, 2016), asserts unpaid overtime and seeks
damages in excess of $15,000.
The case is assigned to Judge Mary S. Scriven.
Defendant provides custom information technology, consulting, and
business process outsourcing.
The Plaintiffs are represented by:
Christina J. Thomas, Esq.
Bernard R. Mazaheri, Esq.
Morgan & Morgan
20 N. Orange Ave., Ste. 1600
Orlando, FL 32801
Tel: (407) 420-1414
Email: cthomas@forthepeople.com
bmazaheri@forthepeople.com
COMMUNITY EDUCATION CENTERS: Faces "Smith" Suit Over Minimum Wage
-----------------------------------------------------------------
Jaime Smith, individually and on behalf of a class of similarly
situated individuals, Plaintiff, v. Community Education Centers,
Inc., Defendant, Case No 2:16-cv-00820-RBS, (E.D. Pa., February
19, 2016), alleges violations of Pennsylvania's Wage Payment and
Collection Law, and Pennsylvania Minimum Wage Act.
The case is assigned to the Hon. R. Barclay Surrick.
Plaintiff, subject to the Pennsylvania's Wage Payment and
Collection Law, demands all relief available under the PWPCL
including unpaid wages, liquidated damages, attorney fees, and any
and all relief deemed reasonably by the Court.
The Defendant is an entity or organization duly existing under the
laws of the Commonwealth of Pennsylvania and is a national
provider of rehabilitative services for offenders in reentry and
in-prison treatment facilities, as well as providing comprehensive
management of county, state, and federal jail and detention
facilities.
The Plaintiffs are represented by:
Christopher J. Delgaizo, Esq.
1130 1st Avenue, Suite 501
King of Prussia, PA 19406
Tel: (610) 844-1779
Email: cdelgaizo@hotmail.com
CONTINENTAL AG: Faces "Ward" Suit Over Defective Airbag
-------------------------------------------------------
Kristen Ward, individually and on behalf of all others similarly
situated, Plaintiff, v. Continental AG, Continental Automotive
Systems, Inc., Continental Automotive Systems US, Inc., Atmel
Corporation, Honda Motor Co., Ltd., and American Honda Motor Co.,
Inc., Defendants, Case No. 5:16-cv-00831-HRL, (N.D. Cal., February
19, 2016), requests the Court to enter judgment against the
Defendants as follows:
A. Certifying the proposed Classes, designating Plaintiff as the
named representative of the Classes, and designating the
undersigned as Class Counsel;
B. Declaring that the airbag control units in Defective Vehicles
are defective;
C. Declaring that the Defendants are financially responsible for
notifying all Class members about the defective nature of the
Defective Vehicles;
D. Enjoining Defendants from further deceptive distribution,
sales, and lease practices with respect to the Defective
Vehicles, and directing Defendants to permanently,
expeditiously, and completely repair the Defective Vehicles to
eliminate the Defective Airbag Control Units;
E. Awarding Plaintiff and Class members compensatory, exemplary,
and statutory penalties, damages, including interest, in an
amount to be proven at trial;
F. Awarding Plaintiff and Class members damages for the return of
the purchase prices of the Defective Vehicles, with interest
from the time paid, for reimbursement of the reasonable
expenses occasioned by the sale;
G. Establishing a Defendant-funded program, using consistent and
Reasonable protocols, under which out-of-pocket expenses and
damages claims associated with the Defective Airbag Control
Units in Plaintiff's and Class members' Vehicles can be made
and paid, such that Defendants, not the Class members, absorb
the losses and expenses fairly traceable to the recall of the
vehicles and correction of the Defective Airbag Control Units;
H. Declaring that the Defendants must disgorge, for the benefit of
Plaintiff and Class members, all or part of the ill-gotten
profits received from the sale or lease of the Defective
Vehicles, or make full restitution to Plaintiff and Class
members;
I. Awarding attorneys' fees and costs, as allowed by law;
J. Awarding prejudgment and post-judgment interest, as provided by
law;
K. Permitting leave to amend this Complaint to conform to the
evidence produced during discovery and at trial; and
L. Granting such other relief as may be appropriate under the
circumstances.
The Court is assigned to Magistrate Judge Howard R. Lloyd.
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure,
Plaintiff demands a jury trial as to all issues triable by a jury.
The Plaintiff is represented by:
Christopher M. Burke, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
707 Broadway, Suite 1000
San Diego, CA 92101
Tel: 619-233-4565
Fax: 619-233-0508
Email: cburke@scott-scott.com
hcunningham@scott-scott.com
- and -
David R. Scott, Esq.
SCOTT+SCOTT,ATTORNEYS AT LAW, LLP
156 South Main Street
Colchester, CT 06415
Tel: (860) 537-5537
Fax: (860) 537-4432
Email: drscott@scott-scott.com
DAIMLER: EPA Seeks Clarification on Diesel Engine Emissions
-----------------------------------------------------------
Astrid Doerner and Martin Murphy, writing for Handelsblatt, report
that the U.S. Environmental Protection Agency has asked Daimler to
clarify whether its diesel engines comply with U.S. clean air
regulations, after a class-action lawsuit accused it of using
illegal software similar to Volkswagen.
"We know about the suit," Christopher Grundler, director of the
EPA's Office of Transportation and Air Quality, told
Handelsblatt."We contacted Mercedes and called for test results
for diesel motors in the United States."
The class-action lawsuit, filed in U.S. District Court in
New Jersey in January, accuses Daimler of installing illegal
software in its BlueTEC diesel engines. When the temperature
outside the vehicle drops below 10 Celsius or 50 Fahrenheit, the
system that reduces emissions allegedly shuts off.
Daimler has called the allegations unfounded and has vowed to
fight the lawsuit.
"We don't use a so-called defeat device in Mercedes-Benz
automobiles," a Daimler spokesman told Handelsblatt, adding that
the automaker is cooperating with authorities. "It's also in our
interest to answer these questions."
If the allegations are proven to be true, the German automobile
industry's image in the United States would suffer a second, major
blow. In September, Volkswagen admitted to cheating U.S.
emissions tests by installing a defeat device in nearly 500,000
diesel vehicles and up to 11 million vehicles around the world.
The U.S. Justice Department has sued Volkswagen for up to $46
billion, or EUR50 billion.
The class-action lawsuit filed against Daimler is based on tests
conducted by the Organization for Applied Scientific Research in
the Netherlands. Last May, the research institute tested several
diesel engines that are on the market in Europe.
According to the lawsuit, the Dutch researchers observed higher
emissions levels than advertised in the following Mercedes diesel
vehicles: ML 320, R320, S-Class, ML 350, E-Class, GLK Class, GL
320, GL Class, GLE Class, E320, ML Class, Sprinter, S350 and the R
Class.
Daimler claims its BlueTEC technology is "the world's cleanest and
most advanced diesel," emitting "up to 30 percent lower
greenhouse-gas emissions than gasoline."
"Real world testing has recently revealed that these vehicles emit
dangerous oxides of nitrogen (NOx) at a level more than 65 times
higher than the United States Environmental Protection Agency
permits," the lawsuit alleges.
But Mr. Grundler cautioned that the Dutch tests showed results for
European, not American vehicles. Daimler's vehicles in the United
States should be calibrated for EPA emissions standards, which are
stricter than those in Europe, he said.
After Volkswagen admitted to cheating in September, the EPA sought
to strengthen its emissions tests by making them more like spot
checks. Automakers no longer know which vehicles will be tested,
when they will be tested and for how long.
Under this new system, the U.S. regulators were able to detect
discrepancies in Audi and Porsche emissions.
All diesel vehicles sold in the United States are being retested
to make sure they hadn't cheated under the old system. Those
tests are not yet complete, Mr. Grundler said.
Despite the lawsuit, Daimler announced plans to invest EUR2.6
billion in developing a new diesel engine. The new technology will
supposedly emit 80 percent less nitrogen oxide than its
predecessor.
DEMVAS LLC: "Brandoni" Suit Seeks Unpaid Overtime Pay, Min. Wage
----------------------------------------------------------------
Steven Brandoni, individually and on behalf of similarly situated
employees, Plaintiffs, v. Demvas, LLC, Demetrios Pyliotis,
individually and Vasilios Pyliotis, individually, Defendants, Case
2:16-cv-00050 (S.D. Fla., January 25, 2016), seeks unpaid minimum
wage, overtime wage and gratuities, liquidated damages and
reasonable attorney's fees, costs, prejudgment and post-judgment
interest pursuant to the Fair Labor Standards Act.
The complaint says the Plaintiff worked as a waiter and was not
paid any wage by Defendants. Rather, their only compensation
received was in the form of tips from restaurant patrons. The
Plaintiff says he worked an average of 50-60 hours per week
without overtime compensation for each of those hours over 40.
Demvas, LLC is a Florida limited liability company with its
principal place of business at 1131 Washington Avenue, Miami
Beach, FL 33139. It operates a restaurant, Poseidon Greek
Restaurant and Outdoor Lounge with Demetrios and Vasilios Pyliotis
as owners.
The Plaintiff is represented by:
R. Edward Rosenberg, Esq.
MORGADO, P.A.
1 Alhambra Plaza, PH Floor
Coral Gables, FL 33134
Tel: (855) 8999121
Fax: (855) 4999191
Email: rer@morgado.us
DOW CHEMICAL: To Settle Price-Fixing Class Action for $835MM
------------------------------------------------------------
Matthew Perrone, writing for The Associated Press, reports that
Dow Chemical said on Feb. 26 it will pay US$835 million to settle
a long-standing class action lawsuit, after the death of Associate
Justice Antonin Scalia decreased its chances of prevailing at the
U.S. Supreme Court.
The announcement is an early indication of how corporations are
shifting their legal strategy following the loss of the court's 5-
4 conservative majority.
"I think most corporations facing class actions regarded Justice
Scalia as a friend," said Robert Peck, president of the Center for
Constitutional Litigation in Washington. "He has been a
thoroughly consistent vote on their side of the equation."
Dow was found liable in 2013 by a Kansas jury of allegedly
conspiring to fix prices for polyurethane, an industrial chemical
used in everything from packaging to car interiors. The judgment
dealt with alleged actions by Dow and several other companies
between 2000 and 2003. Dow had petitioned the Supreme Court to
reconsider the judgment.
But the company said on Feb. 26 the court's current lineup has
"increased the likelihood for unfavorable outcomes for business
involved in class action suits."
Following Justice Scalia's death earlier in February, the Supreme
Court is now evenly split 4-4 between justices who are usually
conservative and those who are liberal. Split decisions revert to
the lower court's opinion, such as the federal court in Kansas
which ruled against Dow.
Among many other business-friendly decisions, Justice Scalia
authored the majority opinion in a 2011 decision in favor of Wal-
Mart, throwing out a sex discrimination lawsuit brought by some
1.5 million female employees.
President Barack Obama has said he will nominate a replacement to
the bench, but Senate Republicans have vowed to neither hold
hearings nor vote on his pick.
Dow, a conglomerate of industrial and agricultural chemical
businesses, said the settlement would benefit shareholders.
"While Dow is settling this case, it continues to strongly believe
that it was not part of any conspiracy and the judgment was
fundamentally flawed as a matter of class action law," the company
said in a statement.
EXPRESS MEDICAL TRANSPORTERS: "Daniels" Suit Seeks Overtime Pay
--------------------------------------------------------------
Kris Daniels and Gerald Young On behalf of themselves and all
others similarly situated Plaintiffs, v. Express Medical
Transporters, Defendant, Case 4:16-cv-00101-HEA (E.D. Mo., January
27, 2016), seeks compensation for work performed, overtime
premiums for all overtime work required, liquidated and/or other
damages, attorney's fees and costs under the Fair Labor Standards
Act, 29 U.S.C. Sec. 201 et seq.
Plaintiffs claim that they worked over 40 hours a week without
overtime compensation. Daniels and Young worked as a driver and
helper, respectively.
Defendant is a Missouri corporation providing non-emergency
medical and student transport in the St. Louis metropolitan area.
The Plaintiff is represented by:
Brandy B. Barth, Esq.
Talmage E. Newton IV, Esq.
NEWTON WRIGHT, L.L.P.
7515 Delmar Blvd.
St. Louis, MO 63130
Tel: (314) 272-4490
Fax: (314) 762-6710
Email: bbarth@newtonwrightlaw.com
- and -
Jeremy D. Hollingshead, Esq.
John M. Eccher, Esq.
HOLLINGSHEAD, PAULUS, ECCHER & FRY
7777 Bonhomme Avenue, Suite 2401
Saint Louis, MO 63105
Tel: (314) 480-5474
Fax: (314) 594-0825
Email: j.hollingshead@hpeflaw.com
j.eccher@hpeflaw.com
- and -
Ryan M. Paulus, Esq.
HOLLINGSHEAD, PAULUS, ECCHER & FRY
8350 N St. Clair Avenue, Suite 225
Kansas City, MO 64151
Tel: (816) 581-4040
Fax: (816) 741-8889
Email: r.paulus@hpeflaw.com
FANDUEL INC: "Daniels" Sues Over Lanham Act Violation
-----------------------------------------------------
Akeem Daniels, and all others similarly situated, Plaintiffs, v.
Fanduel, Inc., Defendant, Case 1:16-cv-01223 (N.D. Ill., January
27, 2016), seeks damages, injunction, prejudgment interest and
costs and attorneys' fees for violation of Sec. 43 of the Lanham
Act and New York Civil Rights Law Sec. 51.
The class action complaint arises out of a gambling website, Daily
Fantasy Sports, an online game that allows paying participants to
engage in virtual athletic drafting with data tied to actual
player statistics that allows game simulations. FanDuel accepts
wagers for such activities using such a scheme and entices
participants to play by offering cash winnings.
Akeem Daniels played college football for the Northern Illinois
Huskies and was a starting tailback for the team. He alleges that
the Defendant used his name as part of the virtual line up without
his consent.
Fanduel, Inc. is a Delaware corporation with its principal place
of business located at 41 East 11th Street, 10th Floor, New York,
New York.
The Plaintiff is represented by:
W. Clifton Holmes, Esq.
THE HOLMES LAW GROUP, LTD.
230 W. Superior St., 2F
Chicago, IL 60654
Tel: (312) 721-0779
Email: holmes@theholmeslawgroup.com
FANNIE MAE: Forty Shareholders Sue Deloitte & Touche in Florida
---------------------------------------------------------------
A group of forty Fannie Mae shareholders filed a lawsuit Monday
charging Deloitte & Touche, LLP, with failing to conduct its
audits of the mortgage finance giant's in accordance with industry
standards and giving its seal of approval to Fannie Mae's grossly
misstated financial statements. Worse yet, the lawsuit says,
Deloitte assisted government regulators and the directors and
officers of Fannie Mae to destroy the value of Fannie Mae stock
held by the forty shareholder-plaintiffs.
The 175-page complaint initiating Edwards v. Deloitte & Touche,
LLP, Case No, 2016-004986-CA-01 (Fla. 11th Cir. Ct.), alleges that
Fannie Mae's officers and directors, the Federal Housing Finance
Agency and the U.S. Department of the Treasury manipulated Fannie
Mae's books by making wildly pessimistic and unrealistic
assumptions about Fannie Mae's future financial prospects in order
to overstate losses and understate assets by hundreds of billions
of dollars with the auditing firm's participation and endorsement.
The shareholder-plaintiffs say that Deloitte's audit opinions
issued in 2009, 2010, 2011, 2012, and 2013 are flawed.
Many industry observers say a judgment for hundreds of billions of
dollars against Deloitte would render the auditing firm insolvent.
A copy of the complaint is available at http://goo.gl/ZmNwMEat no
charge.
The forty shareholders are represented in this matter by:
Steven W. Thomas, Esq.
THOMAS, ALEXANDER & FORRESTER LLP
14 27th Street
Venice, CA 90291
Telephone (310) 961-2536
E-mail: steventhomas@tafattorneys.com
- and -
Hector Lombana, Esq.
GAMBA & LOMBANA, P.A.
2701 Ponce de Leon Blvd., Mezzanine
Coral Gables, FL 33134
Telephone (305) 448-4010
E-mail: hlombana@glhlawyers.com
- and -
Gonzalo R. Dorta, Esq.
GONZALO R. DORTA, P.A.
334 Minorca Avenue
Coral Gables, FL 33134
Telephone (305) 441-2299
E-mail: grd@dortalaw.com
FIRST FINANCIAL: Violates Telecommunications Act, "Mogannam" Says
-----------------------------------------------------------------
John Mogannam, on behalf of himself and all others similarly
situated, Plaintiff, v. First Financial Merchant Services,
Defendant, Case No. 0:16-cv-00468-JRT-TNL, (D. Minn., February 24,
2016), assert violation of the Telecommunications Act of 1996.
The case is assigned to Chief Judge John R. Tunheim.
The Plaintiffs are represented by:
Robert L Hyde, Esq.
HYDE & SWIGART
2221 Camino del Rio South, Ste. 101
San Diego, CA 92108
Tel: (619) 233-7770
Fax: (619) 297-1022
Email: bob@westcoastlitigation.com
- and -
Anthony P. Chester, Esq.
HYDE & SWIGART
120 S. 6th St., Suite 2050
Minneapolis, MN 55402
Tel: (952) 225-5333
Fax: (800) 635-6425
Email: tony@westcoastlitigation.com
FORD MOTOR: Power Steering Class Action Can Proceed
---------------------------------------------------
Mike Heuer, writing for Courthouse News Service, reported that
a federal judge Feb. 22 refused to dismiss a class action in San
Jose about faulty power steering in Ford Fusions and Focuses
despite Ford's recall of 420,000 of the cars.
U.S. District Judge Lucy Koh denied Ford's motion to dismiss for
lack of standing and mootness.
Lead plaintiff William Philips says Ford concealed defects in its
Electronic Power-Assisted Steering (EPAS) system on the used 2011
Ford Fusion he bought in March 2012 to avoid costly repairs. He
weeks to represent a class of Californians who bought or leased
2010-2014 Fusions, and 2012-2014 Focuses.
Ford recalled the defective cars last year, and moved to dismiss
the class action as moot.
Koh refused, finding "Ford's standing argument involves factual
disputes that implicate the merits of California plaintiffs'
claims." She said that resolution of these disputes "is essential
to determining what caused the defects at issue, whether and when
Ford knew about these defects, and whether these defects were
isolated."
Philips claims that "Ford concealed the fact that the EPAS system
is prone to sudden and premature failure from consumers so that
the warranty period on the defective vehicles would expire before
consumers were aware of the problem."
He says Ford "recklessly risked the safety of occupants of the
defective vehicles and the public at large" by concealing defects
and continuing to market the EPAS system as a "reliable and
beneficial product."
Ford's EPAS system includes a power steering control motor,
electronic control unit, torque sensor and steering wheel position
sensor, but Philips says it has a defect that "renders the system
prone to sudden and premature failure."
Philips says that after complaining repeatedly to Ford about the
problem, it told him it would cost $2,000 to fix, and offered to
pay only half of it. He did not repair it then, in 2013, but Ford
recalled his car in July 2015 and fixed the problem.
When the EPAS system fails, drivers "experience significantly
increased steering effort and an increased risk of losing control"
when their cars suddenly switch to manual steering, according to
the complaint.
Philips et al. say their personal experiences, a National Highway
Traffic Safety Administration investigation of the EPAS steering
system in the Ford Explorer, and similar complaints by other
California drivers amply demonstrate their claims.
Ford recalled 422,131 defective cars in 2015 and has repaired
about 51 percent of them, including the EPAS system in 8,000 cars
as of December 2015.
The case captioned, WILLIAM PHILIPS, et al., Plaintiffs, v. FORD
MOTOR COMPANY, Defendant., Case No. 14- CV-02989-LHK (N.D. Cal.).
FREDDIE MAC: Shareholders Preparing to Sue PricewaterhouseCoopers
-----------------------------------------------------------------
A group of Freddie Mac shareholders is preparing to file a lawsuit
next week charging PricewaterhouseCoopers with failing to conduct
its audits of the mortgage finance giant in accordance with
industry standards and giving its seal of approval to Freddie
Mac's grossly misstated financial statements.
Like the 175-page complaint filed by forty Fannie Mae shareholders
initiating Edwards v. Deloitte & Touche, LLP, Case No, 2016-
004986-CA-01 (Fla. 11th Cir. Ct.), the suit against Freddie Mac
will allege that Freddie Mac's officers and directors, the Federal
Housing Finance Agency and the U.S. Department of the Treasury
manipulated the GSE's books by making wildly pessimistic and
unrealistic assumptions about Freddie's future financial prospects
in order to overstate losses and understate assets by hundreds of
billions of dollars with PricewaterhouseCoopers' participation and
endorsement.
Many industry observers say a judgment for hundreds of billions of
dollars against PwC would render the auditing firm insolvent.
For information about joining next week's lawsuit against
PricewaterhouseCoopers contact:
Michael Ciklin
PERINI CAPITAL LLC
1501 Venera Avenue, Suite 320 A
Coral Gables, FL 33134
Telephone: (702) 481-3562
E-mail: mciklin@perinicapital.com
Twitter: @mike_ciklin
FRESH & EASY: Debtor, UCC Oppose Lewis Class Certification Bid
--------------------------------------------------------------
Fresh & Easy, LLC, and its Official Committee of Unsecured
Creditors are asking the Bankruptcy Court to deny approval of
motions by a former Fresh & Easy employee seeking certification of
a class of all former employees who were allegedly not paid their
accrued and unused paid time off wages.
On Jan. 13, 2016, two motions:
(1) a "Motion of Darlene Lewis for an Order Applying Fed.
R. Bankr. P. 7023, Pursuant to Fed. R. Bankr. P. 9014";
and
(2) an accompanying "Motion of Darlene Lewis for Class
Certification and Related Relief",
were filed by former Fresh & Easy employee Darlene Lewis. The
Motions seek certification of a class of all former Nevada and
Arizona-based employees of Debtor, who were "not paid their
accrued and unused Paid Time Off ("PTO") wages at the time of
their separation of employment from the Debtor."
Ms. Lewis argues that the proposed class is sufficiently numerous
to warrant certification pursuant to Rule 23 of the Federal Rules
of Civil Procedure. "The Debtor employed approximately 20-30
associates per store location and operated approximately 14 stores
in Nevada and 24 stores in Arizona; thus there are approximately
1,140 Class Members within the applicable statute of limitations.
Based on the foregoing, numerosity can easily be demonstrated,"
she said in court filings.
Ms. Lewis, on behalf of herself and all other similarly situated
persons, is asking the Bankruptcy Court to enter an order:
(i) certifying the class of all former Nevada and Arizona
employees of the Debtor who were not paid their accrued
and unused PTO at the time of their separation of
employment from Fresh & Easy;
(ii) authorizing Lewis standing to file a general unsecured
claim on behalf of the Class;
(iii) appointing Darlene Lewis as Class Representatives; and
(iv) appointing Thierman Buck LLP and The Law Office of
Edward J. Kosmowski, LLC as class counsel.
According to the Debtors, no lawsuit has been filed by Ms. Lewis
pre or post-petition, either in this Court or any other
jurisdiction. On or about Jan. 14, 2016, Ms. Lewis filed a proof
of claim, seeking "Unpaid PTO" on behalf of herself and "and all
other similarly situated persons." Ms. Lewis filed a second proof
of claim for administrative expenses ("Administrative Proof of
Claim") on behalf of herself and "all other similarly situated
persons" on or about Feb. 1, 2016.
Where's the Class?
In its objection, the Debtor argues that Ms. Lewis has failed to
provide a factual or legal basis to support granting either of the
Motions. The Debtor notes that:
* Claimant has not initiated an action in any court asserting
the claims raised in her proofs of claim and the Motions;
indeed, there is no operative pleading on file in any forum.
Without an action upon which to base her request for
certification, it is improper and should be denied on that
basis alone.
* Claimant's counsel has not filed the required verified
statement of multiple creditor representation, as required
under Bankruptcy Rule 2019.
* Claimant entered into an enforceable arbitration agreement
with the Debtor, under which all claims pertaining to her
employment with Debtor are to be resolved on an individual
(non-class) basis in arbitration. The single legal claim
asserted by Claimant for unpaid paid time off is clearly
encompassed by this agreement, which necessitates that these
Motions be denied.
* Claimant has the burden to show both that the Court should
apply Rule 7023 to her Proof of Claim, and that the Rule 23
factors support certification, yet fails to show either.
First, because putative class members have already received
notice of the bankruptcy and the claims bar date, certifying
a class to provide an avenue for former employees to make
claims against Debtor is unnecessary -- all putative class
members can easily and cheaply file proofs of claim.
Moreover, the fact that no class has been certified by a
non-bankruptcy court (indeed, no action has even been filed)
also weighs against applying Rule 7023 to the Proof of
Claim. Finally, the orderly administration of the estate
(which is well underway) would be hampered by a certified
class of employees.
* Even if the Court did grant Claimant's Rule 7023 and apply
the factors under Rule 23 to Claimant's Proof of Claim, the
Motion for Certification should be denied. Many of the
pertinent elements and requirements of Rule 23 do not
support certification; indeed, they weigh against it.
First, the putative class lacks commonality. Not only does
Claimant lack any knowledge of the claims of other
employees, but she cannot dispute that the putative class
would be divided among those employees who may have claims
subject to priority in bankruptcy, and those who do not.
* In addition, Claimant fails to show that her claim is
typical of other putative class members. She appears to
lack any knowledge of the change in Fresh & Easy policy
regarding the payout of paid time off ("PTO") at termination
of employment, which makes her claim plainly different from
other employees. Further, to the extent her Administrative
Proof of Claim for administrative expenses is even
encompassed within her request for certification, Claimant
fails to identify how this claim is typical of other
putative class members.
The Committee joined in the Debtor's Objection.
"Ms. Lewis appears to be attempting to obtain relief for a class
of claimants which may not actually exist and has sought relief
from this Court without performing any of the procedural
requirements to obtain the relief she seeks. Accordingly, and for
all the reasons set forth in the Objection, the Court should deny
Ms. Lewis' motions, filed on January 13, 2016, and grant such
further relief as is just," the Committee stated.
Attorneys for Darlene Lewis on behalf of herself and all other
similarly situated persons:
The Law Office of Edward J. Kosmowski, LLC
Edward J. Kosmowski, Esq.
2 Mill Road, Suite 202
Wilmington, Delaware 19806
Telephone: (302) 351-9010
Facsimile: (302) 635-1805
E-mail: Ed@KosmowskiLaw.com
- and -
Mark R. Thierman, Esq.
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK LLP
7287 Lakeside Drive
Reno, Nevada 89511
Tel: (775) 284-1500
Fax: (775) 703-5027
E-mail: mark@thiermanbuck.com
josh@thiermanbuck.com
leah@thiermanbuck.com
Attorney for Defendant Fresh & Easy, LLC:
COLE SCHOTZ P.C.
Patrick J. Reilley, Esq.
J. Kate Stickles, Esq.
Patrick J. Reilley, Esq.
David W. Giattino, Esq.
500 Delaware Avenue, Suite 1410
Wilmington, DE 19801
Telephone: (302) 652-3131
Facsimile: (302) 652-3117
E-mail: npernick@coleschotz.com
jstickles@coleschotz.com
preilley@coleschotz.com
dgiattino@coleschotz.com
- and -
SHEPPARD MULLIN
David Van Pelt, Esq.
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067
Telephone: (310) 228-3734
Facsimile: (310) 228-3701
E-mail: dvanpelt@sheppardmullin.com
Counsel to the Official Committee of Unsecured Creditors:
FOX ROTHSCHILD LLP
L. John Bird, Esq.
919 North Market Street, Suite 300
Wilmington, DE 19801
Telephone: (302) 654-7444
Facsimile: (302) 656-8920
- and -
Mette H. Kurth, Esq.
Michael A. Sweet, Esq.
FOX ROTHSCHILD LLP
1800 Century Park East, Suite 300
Los Angeles, CA 90067-1506
Telephone: (310) 598-4150
Facsimile: (310) 556-9828
Fresh & Easy, LLC, a chain of grocery stores in the Southwest
United States, filed a Chapter 11 bankruptcy petition (Bankr. D.
Del., Case No. 15-12220) on Oct. 30, 2015. The Debtor estimated
assets of $10 million to $50 million and liabilities of at least
$100 million.
Judge Christopher S. Sontchi is assigned to the case.
GATEWAY HEALTHCARE: Fails to Pay for OT Work, "Tabor" Alleges
-------------------------------------------------------------
Kimberly Tabor, on behalf of herself and all others similarly
situated, Plaintiff, v. Gateway Healthcare Services, LLC,
Defendant, Case No. 1:16-cv-00396, (N.D. Ohio, February 19, 2016),
alleges that Defendant did not pay its non-exempt home health
aides, including Plaintiff, overtime compensation at the rate of
one and one-half times their regular rate of pay for the hours
they worked over 40 each workweek, in violation of the Fair Labor
Standards Act ("FLSA"), 29 U.C.S. 201-219, as well as a "class
action" pursuant to Fed. R. Civ. P. 23 to remedy violations of the
Ohio Minimum Fair Wage Standards Act ("OMFWSA"), R.C. 4111.03.
The Defendant operates a home health care business.
The Plaintiff is represented by:
Chastity L. Christy, Esq.
Anthony J. Lazzaro, Esq.
Lori M. Griffin, Esq.
The Lazzaro Law Firm, LLC
920 Rockefeller Building
614 W. Superior Avenue
Cleveland, OH 44113
Tel: (216) 696-5000
Fax: (216) 696-7005
Email: chastity@lazzarolawfirm.com
anthony@lazzarolawfirm.com
lori@lazzarolawfirm.com
GATOR TOWING: Faces "Valdez" Wage & Hour Complaint
--------------------------------------------------
Alain Valdez, individually, and on behalf of all similarly
situated persons, Plaintiffs, v. Gator Towing and Recovery Corp.,
Marlen Perez, individually, and Rigoberto Gomez, individually,
Defendants, Case No. 0:16-cv-60331-JIC, (S.D. Fla., February 19,
2016), asserts violations of the Fair Labor Standards Act.
Plaintiff and others similarly situated who opt in, asks the Court
to award them compensatory damages, including all overtime
compensation owed, all interest on all compensation accruing from
the date such amounts were due, liquidated damages in an amount
equal to the compensation shown to be owed pursuant to 29 U.S.C.
Section 216(b), attorney's fees under the Fair Labor Standards Act
against Defendants, and such other monetary and equitable relief
as this Court deems just and proper.
The case is assigned to Judge James I. Cohn.
Plaintiff demands a jury trial on all issues and claims so
triable.
The Plaintiffs are represented by:
Miguel Armenteros, Esq.
PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, PL
283 Catalonia Avenue, Suite 200
Coral Gables, FL 33134
Tel: (305) 377-0086
Fax: (305) 377-0782
Email: miguel@pbyalaw.com
GILSONS INTERNATIONAL: "Barroso" Suit Seeks to Recover OT Pay
-------------------------------------------------------------
Alexandre Barroso, on his own behalf and on behalf of those
similarly situated, Plaintiffs, v. Gilson's International
Cuisine, Inc. and Gilson Rodrigues, individually, Defendants, Case
No. 6:16-cv-00069-RBD-DAB (M.D. Fla., Orlando Division, January
19, 2016), seeks overtime compensation, damages, reasonable
attorney's fees, declaratory relief and other relief under the
Fair Labor Standards Act, as amended, 29 U.S.C. 216(b).
Gilson's International Cuisine, Inc., is a Brazilian restaurant
owned by Gilson Rodrigues under the name Vittorio's Restaurant.
Plaintiff claims to have rendered in excess of 40 hours per work
week without overtime compensation.
The Plaintiff is represented by:
Carlos V. Leach, Esq.
MORGAN & MORGAN, PA.
20 N. Orange Ave., 14th Floor
Orlando, FL 32802-4979
Tel: (407) 420-1414
Fax: (407) 245-3341
Email: cleach@forthepeople.com
GLASS HOUSE: "Arogty" Suit Seeks to Recover Minimum, Overtime Pay
-----------------------------------------------------------------
Babe M. Arogty, Juan Cubelo, Paula Dos Santos, Yoanny Figueredo,
Tessa Garcia, David Pacheco, Renan Rangel-Goldstein, Evelyn
Robaina, Elena Visnevschi, and other similarly situated
individuals, Plaintiffs, v. Glass House Productions, LLC
and Mark Lowe, Defendants, Case No. 2016-000107-CA-01 (Fla. Cir.,
January 5, 2016), seeks actual damages in the amount of unpaid
minimum wage compensation and unpaid overtime wage compensation
with interest, double/liquidated damages, reasonable attorneys'
fees and additional relief under the Fair Labor Standards Act, 29
U.S.C. Sec. 201-219.
Plaintiffs worked as bartenders, servers, and/or entertainers and
worked in excess of forty hours per week and claim to have not
received overtime premium as well as applicable minimum wages.
Glass House Productions, LLC is a night club in Miami-Dade
operating as House Nightclub with Mark Lowe exercising
administrative authority.
The Plaintiff is represented by:
Anaeli C. Petisco, Esq.
Anthony M. George-Pierre, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flagler St., Suite 2200
Miami, FL 33130
Tel: 305-416-5000
Fax: 305-416-5005
Email: agp@rgpattorneys.com
apetisco@rgpattomeys.com
GUTHY-RENKER LLC: "Imig" Sues Over Hair Loss From Product Use
-------------------------------------------------------------
Deborah Imig, individually and on behalf of all others similarly
situated, Plaintiff, v. Guthy-Renker LLC and WEN By Chaz Dean
Inc., Defendants, Case 2:16-cv-00169-MCE-KJN (E.D. Cal., January
27, 2016), seeks enjoinment, restitution, actual damages, punitive
damages, pre-judgment interest, attorney fees and costs of suit
and other and further relief for breach of warranty, false and
misleading advertising for violation of the California Business
and Professions Code Sec 17200, 17500, and for breach of contract.
WEN by Chaz Dean Inc. is a California corporation with its
principal place of business located at 6444 Fountain Avenue, Los
Angeles, CA 90028. Guthy-Renker LLC is California corporation with
its principal business place of business located at 3340 Ocean
Park Blvd., Santa Monica, CA 90405. These companies manufacture
and sell hair care products.
Plaintiff says she purchased the Sweet Almond Mint Deluxe Kit and
began to experience hair loss.
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Shireen M. Clarkson, Esq.
CLARKSON LAW FIRM, P.C.
The Pershing Square Building
448 S. Hill St., Suite 701
Los Angeles, CA 90013
Tel: (213) 788-4050
Fax: (213) 788-4070
Email: rclarkson@clarksonlawfirm.com
sclarkson@clarksonlawfirm.com
HIGH PLAINS: "Wilkinson" Suit Alleges FLSA Violation
----------------------------------------------------
Austin Wilkinson, and all others similarly-situated v. High
Plains, Inc. and Missouri Basin Well Service, Inc. dba MBI Energy
Services, Case No. 1:16-cv-00011 (D.N.D., January 27, 2016), is
brought against the Defendants for failure to pay overtime in
violation of the Fair Labor Standards Act.
The Defendants operate in interstate commerce by, among other
things, dispatching its employees and equipment across state
lines. The Defendants' principle place of business is in
Belfield, North Dakota.
The Plaintiff is represented by:
Tim Newsom, Esq.
Kylie Lovell, Esq.
LOVELL, LOVELL, NEWSOM & ISERN, LLP
112 West Eighth Avenue, Suite 1000
Eagle Centre Building
Amarillo, TX 79101-2314
Tel: (806) 373-1515
Fax: (806) 379-7176
E-mail: tim@lovell-law.net
kylie@lovell-law.net
- and -
Jeremi K. Young, Esq.
Rachael Rustmann, Esq.
THE YOUNG LAW FIRM, P.C.
1001 S. Harrison, Suite 200
Amarillo, TX 79101
Tel: (806) 331-1800
Fax: (806) 398-9095
E-mail: jyoung@youngfirm.com
rachael@youngfirm.com
HYATT HOTELS: "Taylor" Sues for Credit Card Data Breach
--------------------------------------------------------------
Traci Taylor, individually and on behalf of all others similarly
situated, Plaintiff, v. Hyatt Hotels Corporation, Defendant, Case
No. 1:16-cv-00702 (N.D. Ill., January 18, 2016), seeks equitable
relief, actual and compensatory damages and costs of suit and
attorneys' fees for violation of the Florida Deceptive and Unfair
Trade Practices Act.
The complaint says the Plaintiff incurred unauthorized withdrawals
from her account after she used her credit card to pay for her
stay at Hyatt Regency Clearwater Beach Resort located in
Clearwater Beach, Florida. The Plaintiff alleged that the
Defendant failed to secure her credit card data.
Hyatt Hotels Corporation is a Delaware corporation with its
principle place of business in Chicago, Illinois.
The Plaintiff is represented by:
Steven W. Teppler, Esq.
ABBOTT LAW GROUP, P.A.
2929 Plummer Cove Road
Jacksonville, FL 32223
Tel: (904) 292-1111
Fax: (904) 292-1220
Email: steppler@abbottlawpa.com
- and -
John A. Yanchunis, Esq.
Marcio W. Valladares, Esq.
Patrick A. Barthle II, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Tel: (813) 223-5505
Fax: (813) 223-5402
Email: jyanchunis@ForThePeople.com
mvalladares@ForThePeople.com
pbarthle@ForThePeople.com
IATA: "Restrepo" Labor Suit Moved from 11th Cir. to S.D. Fla.
-------------------------------------------------------------
The class action lawsuit titled Restrepo v. International Air
Transport Association (IATA), Case No. 15-024517-CA-01, was
removed from the 11th Judicial Circuit Court, to the U.S. District
Court for the Southern District of Florida (Miami). The District
Court Clerk assigned Case No. 1:16-cv-20124-JLK to the proceeding.
IATA is an association that represents, leads, and services the
airline industry. The organization provides a broad spectrum of
products and services to meet the evolving needs of the entire air
transport industry. IATA is Foreign Not-For-Profit Corporation
headquartered at Montreal, Canada.
The Plaintiff is represented by:
Peter Michael Hoogerwoerd, Esq.
REMER & GEORGES-PIERRE, PLLC
44 West Flager Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416 5000
Facsimile: (305) 416 5005
E-mail: pmh@rgpattorneys.com
The Defendant is represented by:
Alexander R. Stevens, Esq.
Felicity A. Fowler, Esq.
HAYNES AND BOONE, LLP
2323 Victory Avenue, Suite 700
Dallas, TX 75219
Telephone: (214) 651 5257
E-mail: alex.stevens@haynesboone.com
felicity.fowler@haynesboone.com
- and -
Martin B. Goldberg, Esq.
David Robert Ruffner, Esq.
LASH & GOLDBERG
100 SE 2nd Street, Suite 1200
Miami, FL 33131-2100
Telephone: (305) 347 4040
Facsimile: (305) 347 4050
E-mail: mgoldberg@lashgoldberg.com
druffner@lashgoldberg.com
IHEARTMEDIA INC: Sends Unauthorized Text Messages, "Willis" Says
----------------------------------------------------------------
Nicholas Willis and Beth Shv Arts, individually and on behalf of
all others similarly situated, Plaintiffs, v. iHeartMedia, Inc., a
Delaware corporation, Defendant, Case No. 2016-CH-02455, (Ill.
Cir., February 19, 2016), seeks an injunction requiring
iHeartMedia to cease all unauthorized text messaging activities,
as well as an award of statutory damages to the members of the
Class as provided under the Telephone Consumer Protection Act,
together with costs and reasonable attorneys' fees.
Plaintiffs demand a trial by jury for all issues so triable.
iHeartMedia consists of two main media businesses: it provides
"world-class entertainment for listeners and users" and "a
spectrum of multi-platform advertising and marketing opportunities
for" advertisers.
The Plaintiffs are represented by:
Benjamin H. Richman, Esq.
Courtney C. Booth, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Tel: (312) 589-6370
Fax: (312) 589-6378
Email: brichrnan@edelson.com
cbooth@edelson.com
- and -
Rafey S. Balabanian, Esq.
EDELSON PC
329 Bryant Street, Suite 2C
San Francisco, CA 94107
Tel: (415) 212-9300
Fax: (415) 363-9495
Email: rbalabanian@edelson.com
- and -
Ari H. Marcus, Esq.
MARCUS LAw' LLC
1500 Allaire Avenue, Suite 101
Ocean, NJ 07712
Tel: (732) 695-3282
Fax: (732) 298-6256
Email: ari@marcuslawnj.com
- and -
Jeremy M. Glapion, Esq.
THE GLAPION LAW FIRM, LLC
39 Schindler Court
Neptune, NJ 07753
Tel: (732) 455-9737
Fax: (267) 737-0446
Email: jmg@glapionlaw.com
INTERNATIONAL PACKING: Pleads Guilty in Mislabeled Cheese
---------------------------------------------------------
The Associated Press reports that an executive and two
Pennsylvania cheese businesses her family controls pleaded guilty
on Feb. 26 to trying to pass off grated Swiss and mozzarella as
parmesan and romano and adding more wood pulp to the products than
the law allows.
Michelle Myrter, 44, will receive probation instead of up to one
year in prison called for by the statute, according to her
attorney.
Under a deal with prosecutors, Ms. Myrter's Slippery Rock
companies -- International Packing and Universal Cheese and Drying
-- will have to forfeit $500,000 each.
The Food and Drug Administration said the cheese was made by
family-owned Castle Cheese and sold at Target stores and other
stores under the brand names Market Pantry, Always Save and Best
Choice, according to a report obtained from the agency Bloomberg
News.
Despite that, FDA spokeswoman Lauren Sucher told The Associated
Press in an email that the agency has no information on where the
products were sold.
According to the Bloomberg story, a combination of Swiss,
mozzarella and white cheddar cheeses was labeled as parmesan and
romano. Also, the cheese contained more than the 4 percent of
cellulose allowed by the FDA to prevent clumping.
"Consumers have a right to expect that products they purchase are
what they purport to be," Ms. Sucher said in a statement. "In
this case, products that were labeled as containing 100 percent
parmesan or 100 percent romano cheese contained no parmesan or
romano cheese."
Ms. Myrter, vice president of Castle and an officer in the other
companies, pleaded guilty to aiding and abetting the introduction
of misbranded and adulterated food into interstate commerce. The
companies pleaded guilty to conspiracy to misbrand and adulterate
the products and money laundering.
Target spokeswoman Joanna Hjelmeland disputed the Bloomberg
report, saying in an email on Feb. 26 that Castle Cheese has never
been an authorized Target vendor and none of the affected products
are on the store chain's shelves.
Separately, a federal class-action lawsuit in New York has been
brought against Wal-Mart after the FDA found the company's Great
Value cheese had 7.8 percent filler. Wal-Mart said it will
investigate.
INTERNATIONAL SCHOOL OF PIZZA: "Lopez" Sues for Missed Breaks
-------------------------------------------------------------
Dennis Lopez, an individual and on behalf of others similarly
situated, Plaintiff, v. International School of Pizza, Inc. and
Does 1 through 10, Defendants, Case No. CGC-16-549708 (Cal.
Super., San Francisco County, January 5, 2016), seeks
consequential damages for violation of California Labor Code 201
and 204; actual damages or statutory penalties for violation of
Labor Code Sec. 226 and Industrial Welfare Commission Wage Order
No. 5 Sec. 7(B) related to record keeping; waiting time penalties
pursuant to California Labor Code Sec. 201, 202 and 203 for
failure to pay for missed meal and rest periods, penalties,
interest; and attorneys' fees and costs as allowed by California
Labor Code Sec 218.6 and California Civil Code Sec. 3287.
Defendant operates Tony's Pizza Napoletana in San Francisco,
California where Lopez was employed as a line cook. He claims to
work shifts for periods of more than five hours without a meal
period of at least 30 minutes and are not being fully relieved
from their job duties after working more than five hours.
The Plaintiff is represented by:
Arlo Garcia Uriarte, Esq.
Un Kei Wu, Esq.
LIBERATION LAW GROUP, RC.
2760 Mission Street
San Francisco, CA 94110
Tel: (415) 695-1000
Fax: (415) 695-1006
K&B OILFIELD: "Agan" Suit Demands Unpaid Overtime Payment
---------------------------------------------------------
Bryan Agan, Jason Mcmillan, and Davy Davis, individually and on
behalf of all similarly situated persons, Plaintiffs, v. K&B
Oilfield Services, Inc., Defendant, Civil Action No. 6:16-CV-0059,
(E.D. Tex., February 18, 2016), demands:
1. Issuance of notice as soon as possible to all persons employed
by K&B Oilfield Services, Inc. as oilfield operators and
supervisors, who were paid a salary plus job or day bonuses
during the three-year period immediately preceding the filing
of this Complaint. Generally, this notice should inform them
that this action has been filed, describe the nature of the
action, and explain their right to opt into this lawsuit if
they were not paid correctly for work performed or hours worked
during any portion of the statutory period;
2. Judgment against Defendant for an amount equal to Plaintiffs'
and the Members of the Class's unpaid overtime wages at the
applicable rate;
3. An equal amount to the overtime wage damages as liquidated
damages;
4. Judgment against Defendant that its violations of the FLSA were
willful;
5. To the extent that liquidated damages are not awarded, an award
of prejudgment interest;
6. All costs and attorney's fees incurred prosecuting these
claims;
7. Leave to add additional Plaintiffs by motion, the filing of
written consent forms, or any other method approved by the
Court;
8. Leave to amend to add claims under applicable state laws; and
9. For such further relief as the Court deems just and equitable.
Defendant K&B Oilfield Services, Inc., is a Texas corporation and
an "employer" as defined by the Fair Labor Standards Act of 1938.
Defendant was an enterprise engaged in interstate commerce,
operating on interstate highways, purchasing materials through
commerce, transporting materials through commerce and on the
interstate highways, conducting transactions through commerce,
including the use of credit cards, phones and/or cell phones,
electronic mail and the Internet. At all times pertinent to this
Complaint, Defendant regularly owned and operated a business
engaged in commerce or in the production of goods for commerce.
The Plaintiffs are represented by:
Josef F. Buenker, Esq.
2030 North Loop West, Suite 120
Houston, TX 77018
Tel: (713) 868-3388
Fax: (713) 683-9940
Email: jbuenker@buenkerlaw.com
KEURIG GREEN: "Montanio" Suit Alleges Exchange Act Violation
------------------------------------------------------------
Kyle Montanio, and all others similarly-situated v. Keurig Green
Mountain, Inc., Brian P. Kelley, Norman H. Wesley, Barbara D.
Carlini, John D. Hayes, A.D. David Mackay, Michael J. Mardy, Hinda
Miller, David E. Moran, Jose Octavio Reyes Lagunes, Susan
Saltzbart Kilsby, Robert A. Steele, JAB Holdings B.V., Acorn
Holdings B.V. and Maple Holdings Acquisition Corp., Case No. 5:16-
cv-00019 (D. Vt., January 27, 2016), is brought against the
Defendants for dissemination of a materially false and misleading
proxy statement regarding the proposed buyout of Keurig in
violation of the Securities Exchange Act of 1934.
Defendant Keurig Corporation is a Delaware corporation with its
corporate headquarters located at 33 Coffee Lane, Waterbury,
Vermont 05676. The Company's stock is publicly traded on the New
York Stock Exchange under the ticker symbol "GMCR." Keurig offers
coffeemakers and specialty coffee in the United States and Canada.
The Company manufactures and sells beverage brewing systems for
home and commercial use, as well as related consumables, such as
the "K -Cup" pod, which is a container that provides a single-
serving of coffee. In September 2015, Keurig entered the cold-
beverage market with the launch of Keurig Kold.
The Individual Defendants are officers and members of the board
for Keurig.
Defendants JAB Holdings, Acorn Holdings B.V., and Maple Holdings
Acquisition Corp. are collectively referred to as the "Buyout
Group."
The Plaintiff is represented by:
Philip Woodward, Esq.
WOODWARD & KELLEY, PLLC
1233 Shelburne Road, Suite D-3
South Burlington, VT 05403
Tel: (802) 652-9955
Fax: (802) 652-9922
- and -
Stuart A. Davidson, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
120 East Palmetto Park Road, Ste 500
Boca Raton, FL 33432
Tel: (561) 750-3000
Fax: (561) 750-3364
- and -
Hamilton P. Lindley, Esq.
DUNNAM & DUNNAM, LLP
4125 West Waco Drive
Waco, TX 76710
Tel: (254) 753-6437
Fax: (254) 753-7434
KINGSWAY AMIGO: MSPA Claims 1 Suit Moved to S.D. Florida
--------------------------------------------------------
The class action lawsuit titled MSPA Claims 1, LLC v. Kingsway
Amigo Insurance Company, Case No. 15-28332-CA-01, was removed from
the 11th Circuit Judicial Court, to the U.S. District Court for
the Southern District of Florida (Miami). The District Court Clerk
assigned Case No. 1:16-cv-20212-JLK to the proceeding.
According to the complaint, the Defendants allegedly failed to pay
as the primary plan, Plaintiff, as assignee of Medical Advantage
Plan, enjoying the same rights as Centers for Medicare and
Medicaid Services.
Kingsway Amigo Insurance Company, a Florida Profit Company,
operates a property and casualty insurance company. The company
offers private/business auto, flood insurance, and garage repair
shops insurance policies to Hispanics in the United States. Its
coverage include bodily injury, collision, combined single limits,
commercial auto, comprehensive, garage keepers' and general
liability, medical payments, personal injury protection, property
damage, rental reimbursement, roadside assistance, towing, and
uninsured/underinsured motorist. The company offers its products
through its agents. It is headquartered at Miami, Florida.
The Plaintiff is represented by:
Christine Marie Lugo, Esq.
5000 S.W. 75th Avenue, Suite 400
Miami, FL 33155
Telephone: (305) 614 2222
E-mail: clugo002@fiu.edu
- and -
Eric Michael Fresco, Esq.
2921 SW 132 Avenue
Miami, FL 33175
Telephone: (786) 314 4106
E-mail: fresco.eric@gmail.com
- and -
Frank Carlos Quesada, Esq.
Timothy J Van Name, Esq.
MSP RECOVERY LAW FIRM
5000 SW 75th Avenue, Suite 400
Miami, FL 33155
Telephone: (305) 614 2222
Facsimile: (866) 582 0907
E-mail: fquesada@msprecovery.com
tvanname@att.net
- and -
Gino Moreno, Esq.
John Hasan Ruiz, Esq.
LA LEY LAW FIRM
5000 SW 75th Avenue, Suite 400
Miami, FL 33155
Telephone: (305) 614 2222
E-mail: gmoreno@msprecovery.com
fquesada@msprecovery.com
- and -
Gustavo Javier Losa, Esq.
JOHN H. RUIZ, P.A.
4182 SW 74 Court
Miami, FL 33155
Telephone: (305) 614 2222
E-mail: glosa@lawofficeslaley.com
- and -
Rebecca Rubin-del Rio, Esq.
JOHN H RUIZ PA
5040 NW 7th Street, Suite PH1
Miami, FL 33126
E-mail: rdelrioruizlaw@aol.com
The Defendant is represented by:
Pedro Louis DeMahy, Esq.
DEMAHY LABRADOR DRAKE VICTOR PAYNE & CABEZA
150 Alhambra Circle
Alhambra Center-Penthouse
Coral Gables, FL 33134-1691
Telephone: (305) 443 4850
Facsimile: (305) 443 5960
E-mail: pdemahy@dldlawyers.com
- and -
Jeanne Crandall, Esq.
DLD LAWYERS
150 Alhambra Cir., Penthouse
Coral Gables, FL 33134
Telephone: (305) 443 4850
Facsimile: (305) 443 5960
E-mail: jcrandall@dldlawyers.com
LIVEWATCH SECURITY: "Meddaugh" Suit Moved to N.D. California
--------------------------------------------------------------
The class action lawsuit titled Meddaugh v. LiveWatch Security
LLC, Case No. RG15792430, was removed from The Superior Court,
Alameda County, to the U.S. District Court for the Northern
District of California (San Francisco). The District Court Clerk
assigned Case No. 3:16-cv-00131-MEJ to the proceeding.
LiveWatch Security, LLC provides home security systems for
customers in the United States and Canada. The company offers
Plug&Protect, a professional-grade security system that includes
touch screen displays and wireless devices that protects users
from burglary, fire, carbon monoxide, extreme temperatures, and
more. It offers products for family protection, pet monitoring and
security, and property protection in home, apartment, small
business, and vacation home properties. It sells its products
online. The company was founded in 2002 and is based in St.
Mary's, Kansas. As of February 23, 2015, LiveWatch Security, LLC
operates as a subsidiary of Monitronics International, Inc.
The Plaintiff is represented by:
Carey Gavin Been, Esq.
Eric A. Grover, Esq.
KELLER GROVER LLP
1965 Market Street
San Francisco, CA 94103
Telephone: (415) 543 1305
Facsimile: (415) 543 7861
E-mail: cbeen@kellergrover.com
eagrover@kellergrover.com
The Defendant is represented by:
Frederick William Kosmo Jr., Esq.
WILSON TURNER KOSMO LLP
550 West C Street, Suite 1050
San Diego, CA 92101
Telephone: (619) 236 9600
Facsimile: (619) 236 9669
E-mail: fkosmo@wilsonturnerkosmo.com
- and -
Meryl Colle Maneker, Esq.
Jocelyn Dana Hannah, Esq.
WILSON TURNER KOSMO
550 West C Street, Suite 1050
San Diego, CA 92101-3532
Telephone: (619) 236 9600
Facsimile: (619) 236 9669
E-mail: mmaneker@wilsonturnerkosmo.com
jhannah@wilsonturnerkosmo.com
LOOMPY LC: "Giokas" Suit Moved from Circuit Ct. to M. D. Florida
---------------------------------------------------------------
The class action lawsuit titled Giokas v. Loompy, L.C. et al.,
Case No. 05-2015-CA-042708, was removed from the Brevard County
Circuit Court, to the U.S. District Court for the Middle District
of Florida (Orlando). The District Court Clerk assigned Case No.
6:16-cv-00060-PGB-TBS to the proceeding.
Loompy, L.C. is doing business as Perkins Restaurant, a Florida
Limited Liability Company. It is a casual dining restaurant chain
that serves breakfast throughout the day. It also has a bakery
that sells pastries.
The Plaintiff is represented by:
Anthony Maximillien Georges-Pierre, Esq.
REMER & GEORGES-PIERRE, PLLC
Court House Tower
44 West Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 416 5000
Facsimile: (305) 416 5005
E-mail: agp@rgpattorneys.com
The Defendants are represented by:
Theodore L. Shinkle, Esq.
GRAYROBINSON, PA
1795 W Nasa Blvd
PO Box 1870
Melbourne, FL 32902-1870
Telephone: (321) 727 8100
Facsimile: (321) 984 4122
E-mail: ted.shinkle@gray-robinson.com
MANNKIND CORP: "Patel" Sues over Share Price Drop
--------------------------------------------------------------
Ketan A. Patel, individually and on behalf of all others similarly
situated, Plaintiff, v. Mannkind Corporation,
Alfred Mann, Matthew Pfeffer and Hakan Edstrom, Defendants, Case
2:16-cv-00581 (C.D. Cal., January 27, 2016), seeks compensatory
damages, reasonable costs and expenses incurred as well as other
and further relief pursuant to Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934.
MannKind is a Delaware corporation headquartered at 25134 Rye
Canyon Loop, Suite 300, Valencia, California 91355. It is a
biopharmaceutical company whose main product is Afrezza.
According to the complaint, MannKind entered into an agreement
with Sanofi for the global commercialization, regulatory and
development activities for Afrezza. However, it still has yet to
produce significant pulmonary test results. This, as well as
statements about MannKind's business, operations and prospects
lacked reasonable basis. Sanofi terminated the agreement with
MannKind due to continued low level of prescriptions.
Plaintiff purchased MannKind securities and lost substantially
when corrective disclosures were announced.
Alfred Mann, Matthew Pfeffer and Hakan Edstrom served as members
of the board of directors of MannKind.
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
468 North Camden Drive
Beverly Hills, CA 90210
Tel: (818) 532-6499
E-mail: jpafiti@pomlaw.com
- and -
Jeremy A. Lieberman
J. Alexander Hood II
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Tel: (212) 661-1100
Fax: (212) 661-8665
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
Ten South La Salle Street, Suite 3505
Chicago, IL 60603
Tel: (312) 377-1181
Fax: (312) 377-1184
E-mail: pdahlstrom@pomlaw.com
MATERIAL WRLD: "Nelson" Suit to Recover OT, Spread of Hours Pay
---------------------------------------------------------------
Michael Nelson and Nita Daniels, on behalf of themselves and all
others similarly situated, Plaintiffs, v. Material Wrld, Inc., Jie
Zheng and Rie Yano, Defendants, Case 1:16-cv-00441 (E.D.N.Y.,
January 27, 2016), seeks statutory, compensatory, punitive and
liquidated damages, pre-judgment and post-judgment interest,
reasonable attorneys' fees, costs and expenses for violation of
the Fair Labor Standards Act and the New York Labor Law.
Plaintiffs were misclassified as contractors, thus denied overtime
pay, issuance of paystubs and spread of hours pay. They were also
denied unemployment insurance, health insurance and payment of the
employer's share of social security and taxes, says the complaint.
Material Wrld is an internet luxury fashion trade-in service that
buys and sells women's designer goods owned by Zheng and Yano.
The Plaintiff is represented by:
Mark C. Gardy, Esq.
Orin Kurtz, Esq.
GARDY & NOTIS, LLP
Tower 56, 126 East 56th Street, 8th Floor
New York, NY 10022
Tel: (212) 905-0509
Fax: (212) 905-0508
Email: mgardy@gardylaw.com
okurtz@gardylaw.com
MCCANS GROUP: "Robinson" Suit Seeks Overtime Pay, Back Wages
------------------------------------------------------------
Jonathan Robinson, for himself and on behalf of those similarly
situated, Plaintiff, v. McCans Family, L.P., Sonic Southeast, SDI
of Starke, McCans, Inc. d/b/a/ McCans Sonic Group and Bill Mccans,
Individually, Defendants, Case 3:16-cv-00065-BJD-JBT (M.D. Fla.,
January 21, 2016), seeks to recover unpaid back wages, an
additional equal amount as liquidated damages and reasonable
attorneys' fees and costs pursuant to the Fair Labor Standards
Act.
McCans Family, L.P. and/or McCans, Inc. operate Sonic Drive-in
restaurant located at 825 N. Temple Avenue, Starke, Florida where
the Plaintiff worked as a cook.
Mr. Robinson claims to have rendered off-the-clock work beyond 40
hours per week without overtime compensation.
The Plaintiff is represented by:
Angela Murthy, Esq.
MORGAN AND MORGAN, P.A.
600 N. Pine Island Road, Suite 400
Plantation, FL 33324
Tel: (954) 318-0268
Fax: (954) 327-3016
Email: amurthy@forthepeople.com
MCKAY-DEE HOSPITAL: Patients Mull Suit Over Hepatitis C Exposure
----------------------------------------------------------------
Jessica Miller, writing for The Salt Lake Tribune, reports that
160 clients are so far working with Layton-based law firm Feller
and Wendt, which in November informed Neilson, McKay-Dee Hospital
in Ogden, and Davis Hospital and Medical Center in Layton -- where
nurse, Elet Nielson, also worked -- that they plan to sue. Of
those clients, seven have tested positive for hepatitis C,
according to attorney Thaddeus Wendt. All seven were patients at
McKay-Dee Hospital, he said.
One of the clients, a young mother, said in a recent interview
held at the law firm's office that after meeting with hospital
officials, she was frustrated because they did not have many
answers to the questions that flooded her mind.
It also seemed as if the hospital workers she met with were
deflecting blame, she said.
"I asked them, 'How was she doing it? Was she using the needles
and injecting us with the same needles?'" she recalled. "They
said, 'That's something we'll never know.' "
And what about her baby? Could her fiance contract it? What about
her two young daughters, whom she would catch using her toothbrush
from time to time?
The woman said hospital officials told her that there was only a
small chance that her family could get the disease from her --
and that her baby would likely get infected only if the newborn
was cut during labor and was exposed to her blood. She also was
told that the hospital wasn't willing to pay for testing her
partner or her children. Because she is pregnant, the woman will
have to wait until her son is born before she can start treatment
herself, she said.
"I'm just still worried," she said. "I'm a little upset that
[Neilson]'s not in prison or that the hospital was OK with even
hiring her without doing any kind of background check or anything.
How does something like that happen in an emergency department? I
know McKay-Dee has cameras everywhere. How was she not caught
before?"
Mr. Wendt's firm has partnered with two out-of-state law firms --
Dallas W. Hartman P.C. in Pennsylvania and West Virginia's Bell
Law Firm-- in its effort to bring the case to court. In a notice
of intent to commence a proposed class-action suit, the attorneys
claim the hospitals were negligent and reckless, and failed to
guard against theft and diversion of controlled substances in
violation of multiple state and federal laws.
The attorneys also claim that the hospitals failed to report
Neilson's actions, and failed to terminate Ms. Neilson's
employment in a timely manner. They also allege that the
hospitals failed to promptly notify patients that they had "been
subjected to medical instruments that had potentially been
contaminated by Ms. Neilson and were therefore at risk of
contracting and/or spreading viral and/or bacterial infections."
Mr. Wendt said they will likely file the lawsuit in a few months,
after they finish required hearings with the Utah Division of
Occupational and Professional Licensing (DOPL).
McKay-Dee Hospital spokesman Chris Dallin said he could not
comment on the potential lawsuit, and officials with Davis
Hospital and Medical Center did not return a phone call seeking
comment.
Ms. Neilson's lawyer, Shawn McGeery, told The Tribune that many of
the allegations against Ms. Neilson are not accurate and do not
"present the complete factual story." He declined to provide more
details, saying he needed to respect the privacy of his client and
others involved, and could not discuss their medical information
publicly.
"We will aggressively defend these claims," Mr. McGeery said, "and
truly look forward to sharing the complete story and exonerating
Elet when the opportunity is there."
Douglas Olcott, an attorney with the Pennsylvania-based firm, said
this is the second case his firm has litigated in which a
healthcare worker was accused of passing hepatitis C to patients.
The firm filed class-action lawsuits in the case of
David Kwiatkowski, a traveling radiology technician who infected
30 people with the virus in a multi-state outbreak. He was
sentenced in New Hampshire to 39 years in federal prison in 2013,
after pleading guilty to seven counts of tampering with a consumer
product and seven counts of obtaining controlled substances.
Mr. Olcott said that while there is still a lot they don't know
about the Utah case, he believes the two incidents are likely
similar. In Mr. Kwiatkowski's case, he was infecting patients by
using stolen syringes to inject himself before filling them with
saline and replacing them for use in a medical procedure, the U.S.
Attorney's Office in New Hampshire said in 2013.
Mr. Olcott said two lawsuits were filed in connection with
Kwiatkowski by his firm: One for a handful of clients who tested
positive (that suit is still pending) and another for those who
were exposed but did not become infected by the disease. He said
those who aren't infected were part of litigation because, while
they didn't get the disease, they were harmed emotionally by being
exposed in what is supposed to be a safe environment, on top of
the process of being tested for hepatitis C and waiting for the
results.
"If you test negative, there's still feelings of betrayal, of
fear," he said. "[Feelings of] 'Oh my God, what if it's me?'
There's angst that certainly carries an element of emotional
distress."
Nurse Neilson
Health officials believe 49-year-old Ms. Neilson may have exposed
as many as 7,200 patients to the hepatitis C genotype B strain. Of
those patients, roughly 4,800 were treated at McKay-Dee Hospital -
- where Ms. Neilson worked from June 2013 to November 2014 -- and
2,369 were at Davis Hospital and Medical Center. Ms. Neilson
worked at the Layton hospital between 2012 and 2014.
Ms. Neilson, who has also gone by the name Elet Hamblin, was a
nurse for about 13 years before surrendering her license in
November, according to DOPL.
Ms. Neilson has admitted in DOPL records to taking drugs from her
employers twice in the past several years. In October 2013, she
admitted to "unprofessional conduct" when she took Benadryl from
Davis Hospital and Medical Center from August 2012 to April 2013,
for which she was fined and publicly reprimanded by the
department.
At the time of the reprimand, she had been working at McKay-Dee
Hospital for about four months.
She was fired from the Ogden hospital a year later, in November
2014. She admitted that same month to taking Dilaudid and
morphine from McKay-Dee for a seven-month period starting in June
2014, according to DOPL records.
Also in November 2014, a security employee with McKay-Dee Hospital
reported Neilson to the Ogden police for stealing drugs, according
to a police report. Ms. Neilson's nursing supervisor had noticed
more drugs were being dispensed in the emergency room than was
needed by the ER patients, the report said.
In a meeting with hospital staff, Neilson initially denied the
allegations, according to the police report.
"Elet stated she was just helping out other nurses with their
patients," an officer wrote. "[Name redacted] also asked Elet why
she had checked out more medication [than] had been prescribed for
her patients. Elet answered that she didn't know why."
But after this meeting, Ms. Neilson allegedly called the
hospital's personnel director and admitted to diverting the
medications, police records state.
She was charged in January 2015 with third-degree felony drug
possession in Ogden's 2nd District Court. She pleaded guilty to a
reduced class A misdemeanor in May 2015 and was sentenced to two
years probation, according to court records.
Ms. Neilson surrendered her license in November -- a month after
health officials began offering free testing to the thousands of
patients who came into contact with Neilson at the two hospitals
and were given certain medications.
But Ms. Neilson did not give up her license due to the hepatitis C
allegations. Rather, it was because a urine analysis tested
positive for alcohol earlier in the year and she had several
"diluted samples" in the months afterwards, according to DOPL
records.
According to minutes from a DOPL Board of Nursing meeting held in
June 2015, Ms. Neilson had told the board that she drank alcohol
to celebrate her wedding, which is why she had a positive drug
screen for alcohol. She explained that the diluted urine samples
were due to her drinking "a lot of water." At that June meeting,
she reported that she had been sober since March 2015, and hadn't
been looking for a new nursing job because she wanted to focus on
being a mother.
Testing
As of mid-February, about 42 percent of the patients who received
letters alerting them to the possible hepatitis C exposure had
been tested, according to Utah Department of Health public
information officer Jenny Johnson.
UDOH officials confirmed in January that some of the patients had
tested positive for hepatitis, but Ms. Johnson said they were not
ready to release the exact number of those infected. She said the
testing process can take up to eight weeks to positively identify
if a patient has hepatitis C, and if the patient has the genotype
2b strain of the virus. Ms. Johnson said UDOH expects to release
those numbers at a news conference at the end of March.
The "official" window for free testing ended Jan. 31 for McKay-Dee
Hospital, but Mr. Dallin said they will continue to offer the
testing to those who have been sent letters telling them they may
have been exposed.
"We will offer the free tests for the foreseeable future," he
said.
Mr. Dallin also said McKay-Dee has offered to pay for treatment of
patients "identified as associated with the case," but he added
that the specific details of that treatment varies on a case-by-
case basis.
Officials with Davis Hospital and Medical Center said in their
letter to patients that they will offer testing through the end of
February.
Both Ms. Johnson and Mr. Dallin declined to provide any details
about how exactly Neilson may have passed the disease to patients.
Ogden police concluded in their reports that it did not appear
that Ms. Neilson intentionally tried to pass on the disease to
other patients. Because much of the police report was redacted,
because it contained Neilson's medical information, it is not
clear why police believed it was unlikely or impossible to prove
that Ms.Neilson knowingly and intentionally infected patients.
Prosecutors later declined to file charges against Ms. Neilson in
connection to the hepatitis C outbreak, according to police
records.
MDL 2513: "Molina" TCPA Suit Consolidated in Boston
---------------------------------------------------
This is a transfer story (as indicated in the filename of the
source document). Please take note how the story is revised.
Joel Molina and Erica Molina, individually and on behalf of all
others similarly situated, Plaintiffs, v. Collecto Inc., dba EOS
CCA, Defendant, Case No. 5:15-cv-01529, (C.D. Cal., July 29,
2015), alleges violation of the Telephone Consumer Protection Act
(TCPA).
On Feb. 24, 2016, the case was transferred to the District of
Massachusetts and assigned civil action number 16-10387. The case
was placed in In Re: Collecto, Inc. Telephone Consumer Protection
Act (TCPA) Litigation, MDL 2513, and assigned to Judge Richard G.
Stearns.
The Plaintiffs are represented by:
Adrian Robert Bacon, Esq.
Law Offices of Todd Friedman PC
324 South Beverly Drive Suite 725
Beverly Hills, CA 90212
Tel: (877) 206-4741
Fax: (866) 633-0228
Email: abacon@attorneysforconsumers.com
- and -
Suren N Weerasuriya, Esq.
LAW OFFICES OF TODD M FRIEDMAN PC
324 South Beverly Drive Suite 725
Beverly Hills, CA 90212
Tel: (877) 206-4741
Fax: (866) 633-0228
Email: sweerasuriya@attorneysforconsumers.com
- and -
Todd M Friedman, Esq.
LAW OFFICES OF TODD M FRIEDMAN PC
324 South Beverly Drive Suite 725
Beverly Hills, CA 90212
Tel: (877) 206-4741
Fax: (866) 633-0228
Email: tfriedman@attorneysforconsumers.com
The Defendants are represented by:
Charles Robert Messer, Esq.
Carlson & Messer LLP
5959 West Century Boulevard, Suite 1214
Los Angeles, CA 90045
Tel: (310) 242-2200 x2202
Fax: (310) 242-2222
Email: messerc@cmtlaw.com
- and -
Keith Alexander Yeomans, Esq.
Carlson and Messer LLP
5959 West Century Boulevard Suite 1214
Los Angeles, CA 90045
Tel: (310) 242-2200
Fax: (310) 242-2222
Email: yeomansk@cmtlaw.com
-and -
Carlson and Messer LLP, Esq.
5959 West Century Boulevard Suite 1214
Los Angeles, CA 90045
Tel: (310) 242-2200
Fax: (310) 242-2222
Email: gabrielt@cmtlaw.com
- and -
David J. Kaminski, Esq.
Carlson & Messer LLP
5959 W. Century Blvd., Suite 1214
Los Angeles, CA 90045
Tel: (310) 242-2200
Fax: (310) 242-2222
Email: kaminskd@cmtlaw.com
MDL 2672: 49 Class Suits v. Volkswagen et al. Transferred
---------------------------------------------------------
Forty-nine class action lawsuits against Volkswagen Group of
America Inc., et al., have been transferred to the U.S. District
Court for the Northern District of California for coordinated or
consolidated pretrial proceedings. The transfers are pursuant to
the Transfer Order entered in In re: Volkswagen "Clean Diesel"
Marketing, Sales Practices, and Products Liability Litigation, MDL
No. 2672, on Dec. 8, 2015. The Hon. Charles R. Breyer oversees In
re: Volkswagen "Clean Diesel" MDL, Case No. 15-MD-2672-CRB (JSC)
(N.D. Calif.), and at http://www.cand.uscourts.gov/crb/vwmdlthe
Court Clerk is making additional information about this proceeding
available to practitioners and the public.
Cases Transferred to MDL No. 2672
---------------------------------
Seigelstein, et al. v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06278 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07582
Plaintiffs' Counsel:
Matthew Scott Oorbeek, Esq.
THE WOLF LAW FIRM LLC
1520 U.S. Highway 130, Suite 101
North Brunswick, NJ 08902
Telephone: (732) 545-7900
E-mail: moorbeek@wolflawfirm.net
- and -
Christopher J. Mcginn, Esq.
Law Office of Christopher J. McGinn
75 Raritan Ave., Suite 220
New Brunswick, NJ 08904
Telephone: (732) 937-9400
Facsimile: (800) 931-2408
E-mail: mcginn.chris@gmail.com
Larry Hopkins v. Volkswagen AG, et al.
Docket No. 3:15-cv-06244 (N.D. Cal., December 29, 2015)
Case in other court: California Central, 5:15-cv-02304
Plaintiff's Counsel:
Chad A. Saunders, Esq.
Kathleen S. Rogers, Esq.
Kimberly A. Kralowec, Esq.
THE KRALOWEC LAW GROUP
44 Montgomery Street, Suite 1210
San Francisco, CA 94104
Telephone: (415) 546-6800
Facsimile: (415) 546-6801
E-mail: csaunders@kraloweclaw.com
krogers@kraloweclaw.com
kkralowec@kraloweclaw.com
Stein v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06173 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07052
Plaintiff's Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
- and -
Robert Samuel Kitchenoff, Esq.
WEINSTEIN KITCHENOFF AND ASHER LLC
1845 Walnut Street, Suite 1100
Philadelphia, PA 19103
Telephone: (215) 545-7200
Facsimile: (215) 545-6535
E-mail: kitchenoff@wka-law.com
Christiana v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06280 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07683
Plaintiff's Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
A Plus Auto, LLC v. Volkswagen Group of America, Inc., et al.
Docket No. 3:15-cv-06193 (N.D. Cal., December 29, 2015)
Case in other court: Minnesota, 0:15-cv-04009
Plaintiff's Counsel:
Francis J. Rondoni, Esq.
Bryan L. Bleichner, Esq.
CHESTNUT CAMBRONNE, PA
17 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: frondoni@chestnutcambronne.com
bbleichner@chestnutcambronne.com
Counsel to Volkswagen Group of America Inc.:
Kent B. Hanson, Esq.
Mary E. Bolkcom, Esq.
Mickey W. Greene, Esq.
HANSON BOLKCOM LAW GROUP, LTD.
527 Marquette Ave., Suite 2300
Minneapolis, MN 55402
Telephone: (612) 342-2880
Facsimile: (612) 342-2899
E-mail: khanson@hblawgroup.com
mbolkcom@hblawgroup.com
mgreene@hblawgroup.com
- and -
Patricia Rodriguez Britton, Esq.
NELSON MULLINS RILEY SCARBOROUGH LLP
201 17th Street NW, Suite 1700
Atlanta, GA 30363
Telephone: (404) 322-6112
E-mail: patricia.britton@nelsonmullins.com
Gradel, et al. v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06187 (N.D. Cal., December 29, 2015)
Case in other court: Pennsylvania Eastern, 2:15-cv-05364
Plaintiffs' Counsel:
Kenneth Jay Grunfeld, Esq.
GOLOMB HONIK
1515 Market Street, Suite 1100
Philadelphia, PA 19102
Telephone: (215) 985-9177
Facsimile: (215) 469-4169
E-mail: kgrunfeld@golombhonik.com
Counsel to Volkswagen Group of America Inc.:
Jo E. Peifer, Esq.
Gerard Cedrone, Esq.
LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO
190 N. Independence Mall West, Suite 500
Philadelphia, PA 19106
Telephone: (215) 627-0303
Facsimile: (215) 627-2551
E-mail: jpeifer@lavin-law.com
gcedrone@lavin-law.com
Fiorelli, et al. v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06264 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07330
Plaintiffs' Counsel:
Christopher Michael Placitella, Esq.
COHEN, PLACITELLA & ROTH, PC
127 Maple Avenue
Red Bank, NJ 07701
Telephone: (732) 747-9003
Facsimile: (732) 747-9004
E-mail: cplacitella@cprlaw.com
Shaw v. Volkswagen Group of America, Inc.
Docket No. 3:15-cv-06213 (N.D. Cal., December 29, 2015)
Case in other court: Texas Western, 1:15-cv-00884
Plaintiff's Counsel:
Robert B. Kleinman, Esq.
THE KLEINMAN LAW FIRM, PLLC
404 W. 7th Street
Austin, TX 78701
Telephone: (512) 299-5329
Facsimile: (512) 628-3390
E-mail: Robert@KleinmanLawFirm.com
Counsel to Volkswagen Group of America Inc.:
Burgain Garfield Hayes, Esq.
THE LAW OFFICE OF BURGAIN G. HAYES
P.O. Box 10447
Austin, TX 78766
Telephone: (512) 472-2193
Facsimile: (512) 371-0989
E-mail: bh@bhayes-law.com
- and -
John C. Dacus, Esq.
HARTLINE DACUS BARGER DREYER LLP
6688 N Central Expwy., Suite 1000
Dallas, TX 75206
Telephone: (214) 369-2100
E-mail: jdacus@hdbdlaw.com
- and -
C. Vernon Hartline, Jr., Esq.
HARTLINE DACUS BARGER DREYER LLP
8750 N. Central Expwy., Suite 1600
Dallas, TX 75231
Telephone: (214) 346-3700
Facsimile: (214) 267-4200
E-mail: hartline@flash.net
Mesa, et al. v. Volkswagen A.G., et al.
Docket No. 3:15-cv-06161 (N.D. Cal., December 29, 2015)
Case in other court: Florida Southern, 1:15-cv-23606
Plaintiffs' Counsel:
Jeffrey Miles Ostrow, Esq.
Scott Adam Edelsberg, Esq.
THE KOPELOWITZ & OSTROW FIRM PA
200 S.W. 1st Avenue, 12th Floor
Fort Lauderdale, FL 33301-4216
Telephone: (954) 525-4100
Facsimile: (954) 525-4300
E-mail: ostrow@kolawyers.com
edelsberg@kolawyers.com
- and -
Jonathan Marc Streisfeld, Esq.
THE KOPELOWITZ & OSTROW FIRM PA
One West Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
Facsimile: (954) 525-4300
E-mail: streisfeld@kolawyers.com
- and -
Michael Elliot Criden, Esq.
CRIDEN & LOVE PA
7301 SW 57th Court, Suite 515
South Miami, FL 33143
Telephone: (305) 357-9000
Facsimile: (305) 357-9050
E-mail: mcriden@cridenlove.com
- and -
Robert Cecil Gilbert, Esq.
KOPELOWITZ OSTROW FERGUSON WEISLEBERG GILBERT
2525 Ponce de Leon Boulevard, Suite 625
Miami, FL 33134
Telephone: (305) 384-7270
E-mail: robert@gilbertpa.com
Counsel to Volkswagen Group of America Inc.:
Larry Martin Roth, Esq.
Michael D. Begey, Esq.
RUMBERGER, KIRK & CALDWELL, PA
300 S Orange Ave., Suite 1400
P.O. Box 1873
Orlando, FL
Telephone: (407) 841-2133
Facsimile: (407) 841-2133
E-mail: lroth@rumberger.com
mbegey@rumberger.com
Landau, et al. v. Volkswagen Group of America, Inc.
Docket No. 3:15-cv-06249 (N.D. Cal., December 29, 2015)
Case in other court: Tennessee Eastern, 1:15-cv-00286
Plaintiffs' Counsel:
Donald L. Perelman, Esq.
Paul Costa, Esq.
FINE KAPLAN AND BLACK, RPC
One South Broad Street, 23rd Floor
Philadelphia, PA 19107
Telephone: (215) 567-6565
Facsimile: (215) 568-5872
E-mail: dperelman@finekaplan.com
pcosta@finekaplan.com
- and -
Gerard A. Dever, Esq.
Roberta D. Liebenberg, Esq.
FINE KAPLAN AND BLACK, RPC
1835 Market Street, 28th Floor
Philadelphia, PA 19103
Telephone: (215) 567-6565
Facsimile: (215) 568-5872
E-mail: gdever@finekaplan.com
rliebenberg@finekaplan.com
- and -
J. Gerard Stranch, IV, Esq.
Joe P. Leniski, Jr., Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
227 Second Avenue N, 4th Floor
Nashville, TN 37201-1631
Telephone: (615) 254-8801
Facsimile: (615) 250-3937
E-mail: gstranch@branstetterlaw.com
joeyl@BSJFirm.com
Counsel to Volkswagen Group of America Inc.:
J. Randolph Bibb, Jr., Esq.
Ryan Nelson Clark, Esq.
LEWIS, THOMASON, KING, KRIEG & WALDROP, P.C.
424 Church Street, Suite 2500
P.O. Box 198615
Nashville, TN 37215-8615
Telephone: (615) 259-1366
Facsimile: (615) 259-1389
E-mail: rbibb@lewisthomason.com
rclark@lewisthomason.com
Martin, et al. v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06272 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07457
Plaintiffs' Counsel:
Matthew Ross Mendelsohn, Esq.
MAZIE SLATER KATZ FREEMAN, LLC
103 Eisenhower Parkway
Roseland, NJ 07068
Telephone: (973) 228-9898
Facsimile: (973) 228-0303
E-mail: mmendelsohn@mskf.net
Conte v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06258 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07139
Plaintiff's Counsel:
Andrew J. Entwistle, Esq.
ENTWISTLE & CAPPUCCI LLP
280 Park Avenue, 26th Floor West
New York, NY 10017
Telephone: (212) 894-7200
Facsimile: (212) 894-7272
E-mail: aentwistle@entwistle-law.com
- and -
Eric Todd Kanefsky, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
1285 Avenue of the Americas
New York, NY 10019
Telephone: (212) 554-1467
Facsimile: (212) 554-1444
E-mail: erick@blbglaw.com
Fabiano, et al. v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06147 (N.D. Cal., December 29, 2015)
Case in other court: Pennsylvania Eastern, 2:15-cv-05333
Plaintiffs' Counsel:
Shanon Jude Carson, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-4656
Facsimile: (215) 875-4604
E-mail: scarson@bm.net
- and -
Marc H. Edelson, Esq.
EDELSON & ASSOCIATES, LLC
45 W. Court Street
Doylestown, PA 18901
Telephone: (215) 230-8043
Facsimile: (267) 685-0676
E-mail: medelson@edelson-law.com
Counsel to Volkswagen Group of America Inc.:
Gerard Cedrone, Esq.
LAVIN, O'NEIL RICCI CEDRONE & DISIPIO
190 N. Independence Mall West, Suite 500
6th & Race Streets
Philadelphia, PA 19106
Telephone: (215) 627-0303
E-mail: gcedrone@lavin-law.com
Ford, et al. v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06177 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07081
Plaintiffs' Counsel:
Jay J. Rice, Esq.
Bruce Heller Nagel, Esq.
Diane E. Sammons, Esq.
Greg Michael Kohn, Esq.
Randee M. Matloff, Esq.
NAGEL RICE, LLP
103 Eisenhower Parkway
Roseland, NJ 07068
Telephone: (973) 618-0400
Facsimile: (973) 618-9194
E-mail: jrice@nagelrice.com
bnagel@nagelrice.com
dsammons@nagelrice.com
gkohn@nagelrice.com
rmatloff@nagelrice.com
Counsel to Volkswagen Group of America Inc.:
Jeffrey L. Chase, Esq.
HERZFELD AND RUBIN
125 Broad Street
New York, NY 10004
Telephone: (212) 471-8500
Facsimile: (212) 344-3333
E-mail: jchase@herzfeld-rubin.com
- and -
Michael R. McDonald, Esq.
Jennifer Marino Thibodaux, Esq.
Thomas R. Valen, Esq.
GIBBONS PC
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
Facsimile: (973) 596-0545
E-mail: mmcdonald@gibbonslaw.com
jmarino@gibbonslaw.com
tvalen@gibbonslaw.com
- and -
Natalie Marie Lefkowitz, Esq.
CHASE KURSHAN HERZFELD & RUBIN LLC
354 Eisenhower Pkway., Suite 1100
Livingston, NJ 07039
Telephone: (973) 535-8840
Facsimile: (973) 535-8841
E-mail: nlefkowitz@herzfeld-rubin.com
Badeanlou, et al. v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06181 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07108
Plaintiffs' Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
Counsel to Volkswagen Group of America Inc.:
Jeffrey L. Chase, Esq.
HERZFELD AND RUBIN
125 Broad Street
New York, NY 10004
Telephone: (212) 471-8500
Facsimile: (212) 344-3333
E-mail: jchase@herzfeld-rubin.com
- and -
Michael R. McDonald, Esq.
Jennifer Marino Thibodaux, Esq.
Thomas R. Valen, Esq.
GIBBONS PC
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
Facsimile: (973) 596-0545
E-mail: mmcdonald@gibbonslaw.com
jmarino@gibbonslaw.com
tvalen@gibbonslaw.com
- and -
Natalie Marie Lefkowitz, Esq.
CHASE KURSHAN HERZFELD & RUBIN LLC
354 Eisenhower Pkway., Suite 1100
Livingston, NJ 07039
E-mail: nlefkowitz@herzfeld-rubin.com
Bagert v. Volkswagen Group of America, Inc.
Docket No. 3:15-cv-06291 (N.D. Cal., December 29, 2015)
Case in other court: New Jersey, 2:15-cv-07174
Plaintiff's Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
Kannapel v. Volkswagen Group of America, Inc.
Docket No. 3:15-cv-06303 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07235
Plaintiff's Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
Heinz, et al. v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06309 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07257
Plaintiffs' Counsel:
Jeffrey Louis Haberman, Esq.
SCHLESINGER LAW OFFICES
1212 SE Third Avenue
Fort Lauderdale, FL 33316
Telephone: (954) 320-9507
Facsimile: (954) 320-9509
E-mail: JHaberman@schlesingerlaw.com
Baczewski, et al. v. Volkswagen Group of America, Inc., et al.
Docket No. 3:15-cv-06260 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07141
Plaintiffs' Counsel:
Adam M. Slater, Esq.
David A. Mazie, Esq.
Matthew Ross Mendelsohn, Esq.
MAZIE SLATER KATZ & FREEMAN
103 Eisenhower Parkway
Roseland, NJ 07068
Telephone: (973) 228-9898
Facsimile: (973) 228-0303
E-mail: aslater@mskf.net
dmazie@mskf.net
mmendelsohn@mskf.net
Stone, et al. v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06289 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07956
Plaintiffs' Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
Greenberg, et al. v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06267 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07372
Plaintiffs' Counsel:
Lane Lanier Vines, Esq.
BERGER MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3000
E-mail: lvines@bm.net
- and -
Peter S. Pearlman, Esq.
COHN LIFLAND PEARLMAN HERRMANN AND KNOPF, LLP
Park 80 Plaza West One
250 Pehle Ave., Suite 401
Saddle Brook, NJ 07663
Telephone: (201) 845-9600
E-mail: psp@njlawfirm.com
Puglisi, et al. v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06299 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07208
Plaintiffs' Counsel:
David John Stanoch, Esq.
GOLOMB & HONIK, P.C.
1515 Market Street, Suite 1100
Philadelphia, PA 19102
Telephone: (215) 985-9177
Facsimile: (215) 985-4169
E-mail: dstanoch@golombhonik.com
Frechou, et al. v. Volkswagen Group of America, Inc.
Docket No. 3:16-cv-00015 (N.D. Cal., January 8, 2016)
Case in other court: Louisiana Eastern, 2:15-cv-05034
Plaintiffs' Counsel:
Matthew Dixon Camm, Esq.
MOTLEY RICE LLC
940 Gravier Street, Suite D
New Orleans, LA 70112
Telephone: (504) 648-1485
E-mail: mcamm@motleyrice.com
Counsel to Volkswagen Group of America Inc.:
Joy Goldberg Braun, Esq.
April L. Watson, Esq.
SESSIONS, FISHMAN, NATHAN & ISRAEL
201 St. Charles Avenue, Suite 3815
New Orleans, LA 70170
Telephone: (504) 582-1500
Facsimile: (504) 582-1555
E-mail: jgb@sessions-law.com
alw@sessions-law.com
McCann v. Volkswagen Group of America, Inc., et al.
Docket No. 3:16-cv-00097 (N.D. Cal., January 8, 2016)
Case in other court: Tennessee Eastern, 1:15-cv-00255
Plaintiff's Counsel:
J. Gerard Stranch, IV, Esq.
Joe P. Leniski, Jr., Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
227 Second Avenue N, 4th Floor
Nashville, TN 37201-1631
Telephone: (615) 254-8801
Facsimile: (615) 250-3937
E-mail: gstranch@branstetterlaw.com
joeyl@BSJFirm.com
Counsel to Volkswagen Group of America Inc.:
J. Randolph Bibb, Jr., Esq.
Ryan Nelson Clark, Esq.
LEWIS, THOMASON, KING, KRIEG & WALDROP, P.C.
424 Church Street, Suite 2500
P.O. Box 198615
Nashville, TN 37215-8615
Telephone: (615) 259-1366
Facsimile: (615) 259-1389
E-mail: rbibb@lewisthomason.com
rclark@lewisthomason.com
Roberts, et al. v. Volkswagen Group of America, Inc.
Docket No. 3:16-cv-00095 (N.D. Cal., January 8, 2016)
Case in other court: North Carolina Western, 1:15-cv-00220
Plaintiffs' Counsel:
Mindy C. Fisher, Esq.
DUNGAN KILBOURNE & STAHL PA
One Rankin Avenue, Third Floor
Asheville, NC 28801
Telephone: (828) 254-4778
Facsimile: (828) 254-6646
E-mail: mfisher@dunganlaw.com
Counsel to Volkswagen Group of America Inc.:
Kurt E. Lindquist, II, Esq.
Russ Ferguson, Esq.
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
301 S. College Street, Suite 3500
Charlotte, NC 28202
Telephone: (704) 331-4917
Facsimile: (704) 338-7859
E-mail: klindquist@wcsr.com
rferguson@wcsr.com
- and -
Meredith J. McKee, Esq.
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
One Wells Fargo Ctr., Suite 3500
301 S. College St.
Charlotte, NC 28202
Telephone: (704) 331-4976
Facsimile: (704) 338-7843
E-mail: mmckee@wcsr.com
Kluchinsky v. Volkswagen Group of America Inc.
Docket No. 3:16-cv-00128 (N.D. Cal., January 8, 2016)
Case in other court: New Jersey, 2:15-cv-07339
Plaintiff's Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
Vinson v. Volkswagen Group of America, Inc.
Docket No. 3:16-cv-00130 (N.D. Cal., January 8, 2016)
Case in other court: North Carolina Western, 1:15-cv-00213
Plaintiff's Counsel:
Catharine E. Edwards, Esq.
EDWARDS KIRBY LLP
445 Marine View Ave, Suite 305
Del Mar, CA 92014
Telephone: (858) 257-2550
Facsimile: (858) 724-1934
E-mail: cedwards@edwardskirby.com
- and -
David F. Kirby, Esq.
John R. Edwards, Esq.
William B. Bystrynski, Esq.
EDWARDS KIRBY LLP
3201 Glenwood Avenue, Suite 100
Raleigh, NC 27612
Telephone: (919) 780-5400
Facsimile: (919) 800-3099
E-mail: jedwards@edwardskirby.com
- and -
Henry G. Garrard, III, Esq.
James B. Matthews, III, Esq.
Patrick H. Garrard, Esq.
BLASINGAME BURCH GARRARD AND ASHLEY, P.C.
P.O. Box 832
440 College Avenue, Suite 320
Athens, GA 30603
Telephone: (706) 354-4000
Facsimile: (706) 549-3545
E-mail: hgg@bbgbalaw.com
jbm@bbgbalaw.com
phg@bbgbalaw.com
Counsel to Volkswagen Group of America Inc.:
Kurt E. Lindquist, II, Esq.
Russ Ferguson, Esq.
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
301 S. College Street, Suite 3500
Charlotte, NC 28202
Telephone: (704) 331-4917
Facsimile: (704) 338-7859
E-mail: klindquist@wcsr.com
rferguson@wcsr.com
- and -
Meredith J. McKee, Esq.
WOMBLE CARLYLE SANDRIDGE & RICE, PLLC
One Wells Fargo Ctr., Suite 3500
301 S. College St.
Charlotte, NC 28202
Telephone: (704) 331-4976
Facsimile: (704) 338-7843
E-mail: mmckee@wcsr.com
Jennifer Rosales, et al. v. Vokswagen Group of America Inc., et
al.
Docket No. 3:16-cv-00141 (N.D. Cal., January 11, 2016)
Case in other court: California Central, 2:15-cv-08259
Plaintiffs' Counsel:
Alison E. Cordova, Esq.
Frank M. Pitre, Esq.
Joseph Winters Cotchett, Esq.
Nancy Leavitt Fineman, Esq.
COTCHETT PITRE AND MCCARTHY LLP
840 Malcom Road
Burlingame, CA 94010
Telephone: (650) 697-6000
Facsimile: (650) 697-0577
E-mail: acordova@cpmlegal.com
fpitre@cpmlegal.com
jcotchett@cpmlegal.com
nfineman@cpmlegal.com
- and -
Joanna W. LiCalsi, Esq.
Robert B. Hutchinson, Esq.
COTCHETT PITRE AND MCCARTHY LLP
2716 Ocean Park Boulevard, Suite 3025
Santa Monica, CA 90405
Telephone: (310) 392-2008
Facsimile: (310) 392-0111
E-mail: jlicalsi@cpmlegal.com
rhutchinson@sbcglobal.net
- and -
Joseph Charles Wilson, Esq.
CURIALE WILSON LLP
One Maritime Plaza, Suite 1000
San Francisco, CA 94111
Telephone: (415) 420-4009
Facsimile: (415) 796-0875
E-mail: jwilson@curialewilson.com
Tamez v. Volkswagen Group of America, Inc.
Docket No. 3:16-cv-00146 (N.D. Cal., January 11, 2016)
Case in other court: Texas Southern, 2:15-cv-00425
Plaintiff's Counsel:
Robert C. Hilliard, Esq.
Bradford Parker Klager, Esq.
Catherine Danielle Tobin, Esq.
John Brandon Martinez, Esq.
Marion M. Reilly, Esq.
Robert Howard George II, Esq.
HILLIARD MUNOZ GONZALES LLP
719 S Shoreline, Suite 500
Corpus Christi, TX 78401
Telephone: (361) 882-1612
Facsimile: (361) 882-3015
E-mail: bobh@hmglawfirm.com
brad@hmglawfirm.com
catherine@hmglawfirm.com
john@hmglawfirm.com
marion@hmglawfirm.com
rudyg@hmglawfirm.com
Counsel to Volkswagen Group of America Inc.:
C. Vernon Hartline, Jr., Esq.
HARTLINE DACUS BARGER DREYER LLP
8750 N. Central Expwy., Suite 1600
Dallas, TX 75231
Telephone: (214) 346-3700
Facsimile: (214) 267-4200
E-mail: hartline@flash.net
- and -
Darrell Lee Barger, Esq.
Richard White Crews, Jr., Esq.
HARTLINE DACUS BARGER DREYER LLP
800 N. Shoreline Blvd., Suite 2000N
Corpus Christi, TX 78401
Telephone: (361) 866-8000
Facsimile: (361) 866-8039
E-mail: dbarger@hdbdlaw.com
rcrews@hdbdlaw.com
- and -
William A. Worthington, Esq.
Kelly H. Leonard, Esq.
STRASBURGER & PRICE
909 Fannin St., Suite 2300
Houston, TX 77010-1036
Telephone: (713) 951-5624
Facsimile: (713) 951-5660
E-mail: william.worthington@strasburger.com
kelly.leonard@strasburger.com
- and -
Jeffrey L. Chase, Esq.
Michael B. Gallub, Esq.
Ningur Akoglu, Esq.
HERZFELD AND RUBIN
125 Broad Street
New York, NY 10004
Telephone: (212) 471-8500
Facsimile: (212) 344-3333
E-mail: jchase@herzfeld-rubin.com
mgallub@herzfeld-rubin.com
nakoglu@herzfeld-rubin.com
Rubin, et al. v. Volkswagen Group of America, Inc., et al.
Docket No. 3:16-cv-00144 (N.D. Cal., January 11, 2016)
Case in other court: Connecticut, 3:15-cv-01565
Plaintiffs' Counsel:
Ann H. Rubin, Esq.
CARMODY TORRANCE SANDAK & HENNESSEY, LLP
195 Church St., 18th floor
PO Box 1950
New Haven, CT 06510-1950
Telephone: (203) 573-1200
Facsimile: (203) 575-2600
E-mail: arubin@carmodylaw.com
- and -
Lauren J. Taylor, Esq.
CARMODY TORRANCE SENDAK & HENNESSEY, LLP
50 Leavenworth St., PO Box 1110
Waterbury, CT 06721-1110
Telephone: (203) 573-1200
Facsimile: (203) 575-2600
E-mail: ltaylor@carmodylaw.com
Counsel to Volkswagen Group of America Inc.:
Paul D. Williams, Esq.
DAY PITNEY LLP
242 Trumbull St.
Hartford, CT 06103-1212
Telephone: (860) 275-0223
Facsimile: (860) 275-0343
E-mail: pdwilliams@daypitney.com
- and -
Michael Thad Allen, Esq.
TODD AND WELD LLP
One Federal Street, 27th Floor
Boston, MA 02110
Telephone: (617) 720-2626
Facsimile: (617) 227-5777
E-mail: mallen@toddweld.com
Hensgens, et al. v. Volkswagen AG, et al.
Docket No. 3:16-cv-00147 (N.D. Cal., January 12, 2016)
Case in other court: Virginia Eastern, 1:15-cv-01261
Plaintiffs' Counsel:
Robert J. Haddad, Esq.
Andrew Mitchell Hendrick, Esq.
SHUTTLEWORTH RULOFF SWAIN HADDAD & MORECOCK PC
317 30th Street
Virginia Beach, VA 23451
Telephone: (757) 671-6012
Facsimile: (757) 671-6004
E-mail: rhaddad@.srgslaw.com
ahendrick@srgslaw.com
- and -
Arthur M. Murray, Esq.
Stephen B. Murray, Sr., Esq.
Jessica W. Hayes, Esq.
Robin Myers Primeau, Esq.
MURRAY LAW FIRM
650 Poydras Street, Suite 2150
New Orleans, LA 70130
Telephone: (504) 525-8100
Facsimile: (504) 584-5242
E-mail: amurray@murray-lawfirm.com
smurray@murray-lawfirm.com
jhayes@murray-lawfirm.com
rmyers@murray-lawfirm.com
Mizak v. Volkswagen Group of America, Inc., et al.
Docket No. 3:16-cv-00142 (N.D. Cal., January 12, 2016)
Case in other court: Connecticut, 3:15-cv-01429
Plaintiffs' Counsel:
Cody Nolan Guarnieri, Esq.
BROWN, PAINDIRIS AND SCOTT
100 Pearl Street, 2nd Floor
Hartford, CT 06103
Telephone: (860) 522-3343
Facsimile: (860) 522-2490
E-mail: cguarnieri@bpslawyers.com
- and -
Bruce E. Newman, Esq.
BROWN, PAINDIRIS & SCOTT, LLP
747 Stafford Avenue
Bristol, CT 06010
Telephone: (860) 583-5200
Facsimile: (860) 589-5780
E-mail: bnewman@bpslawyers.com
Counsel to Volkswagen Group of America Inc.:
Michael Thad Allen, Esq.
Paul D. Williams, Esq.
DAY PITNEY LLP
242 Trumbull Street
Hartford, CT 06103
Telephone: (860) 275-0100
Facsimile: (860) 275-0343
E-mail: mallen@daypitney.com
pdwilliams@daypitney.com
Moloney v. Volkswagen Group of America, Inc.
Docket No. 3:16-cv-00183 (N.D. Cal., January 12, 2016)
Case in other court: Maryland, 1:15-cv-03215
Plaintiff's Counsel:
Adam Janet, Esq.
Robert Keith Jenner, Esq.
JANET, JENNER & SUGGS, LLC
1777 Reisterstown Road, Suite 165
Baltimore, MD 21208
Telephone: (410) 653-3200
E-mail: ajanet@myadvocates.com
rjenner@myadvocates.com
Counsel to Volkswagen Group of America Inc.:
John L. Hone, Esq.
Ronald G. DeWald, Esq.
LIPSHULTZ AND HONE CHTD
8630 Fenton Street, Suite 108
Silver Spring, MD 20910
Telephone: (301) 587-8500
Facsimile: (301) 495-9759
E-mail: jhone@lhlegal.com
rdewald@lhlegal.com
Swarce, et al. v. Volkswagen Group of America, Inc., et al.
Docket No. 3:16-cv-00189 (N.D. Cal., January 12, 2016)
Case in other court: Massachusetts, 1:15-cv-14058
Plaintiffs' Counsel:
Michael P. Thornton, Esq.
THORNTON & NAUMES LLP
100 Summer Street, 30th Floor
Boston, MA 02110
Telephone: (617) 720-1333
Facsimile: (617) 720-2445
E-mail: mthornton@tenlaw.com
Counsel to Volkswagen Group of America Inc. and
Volkswagen of North Attleboro, Inc.:
Andrew R. Levin, Esq.
David A. Barry, Esq.
SUGARMAN ROGERS BARSHAK & COHEN, PC
101 Merrimac Street, 9th Floor
Boston, MA 02114
Telephone: (617) 227-3030
Facsimile: (617) 523-4001
E-mail: levin@srbc.com
barry@srbc.com
Wolfenbarger v. Volkswagen AG, et al.
Docket No. 3:16-cv-00184 (N.D. Cal., January 12, 2016)
Case in other court: Tennessee Eastern, 1:15-cv-00326
Plaintiff's Counsel:
W. Gordon Ball, Esq.
GORDON BALL PLLC
Bank of America Center, Suite 600
550 Main Street
Knoxville, TN 37902
Telephone: (865) 525-7028
E-mail: gball@gordonball.com
- and -
James G. Stranch, III, Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
The Freedom Center
223 Rosa Parks Ave., Suite 200
Nashville, TN 37201-1631
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
E-mail: jims@bsjfirm.com
Shevelle Lawce v. Volkswagen Group of America, Inc.
Docket No. 3:16-cv-00192 (N.D. Cal., January 12, 2016)
Case in other court: California Central, 8:15-cv-02075
Plaintiff's Counsel:
Jessica L. Campbell, Esq.
Samuel A. Wong, Esq.
AEGIS LAW FIRM PC
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618
Telephone: (949) 379-6250
Facsimile: (949) 379-6251
E-mail: jcampbell@aegislawfirm.com
swong@aegislawfirm.com
- and -
Kashif Haque, Esq.
One Park Plaza, 6th Floor
Irvine, CA 92614
Telephone: (949) 852-4477
Facsimile: (949) 266-9630
E-mail: khaque@aegislawfirm.com
Swindler, et al. v. Volkswagen Group of America, Inc., et al.
Docket No. 3:16-cv-00185 (N.D. Cal., January 12, 2016)
Case in other court: Kentucky Western, 5:15-cv-00240
Plaintiffs' Counsel:
Emily Ward Roark, Esq.
Mark P. Bryant, Esq.
BRYANT LAW CENTER
601 Washington Street
Paducah, KY 42003
Telephone: (270) 442-1422
Facsimile: (270) 443-8788
E-mail: emily.roark@bryantpsc.com
mark.bryant@bryantpsc.com
Henderson, et al. v. Volkswagen Group of America Inc.
Docket No. 3:16-cv-00195 (N.D. Cal., January 12, 2016)
Case in other court: Oklahoma Western, 5:15-cv-01182
Plaintiff's Counsel:
Tracy L. Brock, Esq.
5104 Summit Dr.
Edmond, OK 73034
Telephone: (405) 285-7761
Facsimile: (405) 285-7751
E-mail: tbrock31@cox.net
Charter Township of Clinton Police and Fire Retirement System v.
Volkswagen AG, et al.
Docket No. 3:16-cv-00190 (N.D. Cal., January 13, 2016)
Case in other court: Michigan Eastern, 2:15-cv-13999
Plaintiff's Counsel:
Thomas C. Michaud, Esq.
Michael J. Vanoverbeke, Esq.
VANOVERBEKE MICHAUD & TIMMONY, P.C.
79 Alfred Street
Detroit, MI 48201
Telephone: (313) 578-1200
Facsimile: (313) 578-1201
E-mail: tmichaud@vmtlaw.com
mvanoverbeke@vmtlaw.com
- and -
Joe Kendall, Esq.
Jody Rudman, Esq.
Jamie J. Mckey, Esq.
Matthew G. Rittmayer, Esq.
KENDALL LAW GROUP, LLP
3232 McKinney, Suite 700
Dallas, TX 75204
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
jrudman@kendalllawgroup.com
jmckey@kendalllawgroup.com
mrittayer@kendalllawgroup.com
Counsel to Movant Arkansas State Highway Employees
Retirement System:
Matthew I. Henzi, Esq.
SULLIVAN, WARD, ASHER & PATTON, P.C.
25800 Northwestern Highway, Suite 1000
Southfield, MI 48075-1000
E-mail: mhenzi@swappc.com
David Palmer v. Volkswagen Group of America Inc.
Docket No. 3:16-cv-00217 (N.D. Cal., January 13, 2016)
Case in other court: California Central, 8:15-cv-02016
Plaintiff's Counsel:
Pauliana N. Lara, Esq.
CONSUMER ACTION LAW GROUP PC
3700 Eagle Rock Boulevard
Los Angeles, CA 90065
Telephone: (818) 254-8413
Facsimile: (818) 936-6916
E-mail: pauliana@calgroup.org
Hart, et al. v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06250 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07121
Plaintiffs' Counsel:
Andrew P. Bell, Esq.
James A. Barry, Esq.
Michael A. Galpern, Esq.
LOCKS LAW FIRM
801 North Kings Highway
Cherry Hill, NJ 08034
Telephone: (856) 663-8200
Facsimile: (856) 823-1551
E-mail: abell@lockslaw.com
jbarry@lockslaw.com
mgalpern@lockslaw.com
- and -
Franklin P. Solomon, Esq.
WEITZ & LUXENBERG, PC
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Telephone: (856) 755-1115
E-mail: fsolomon@weitzlux.com
Counsel to Volkswagen Group of America Inc.:
Jeffrey L. Chase, Esq.
HERZFELD AND RUBIN
125 Broad Street
New York, NY 10004
Telephone: (212) 471-8500
Facsimile: (212) 344-3333
E-mail: jchase@herzfeld-rubin.com
- and -
Michael R. McDonald, Esq.
Jennifer Marino Thibodaux, Esq.
Thomas R. Valen, Esq.
GIBBONS PC
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
Facsimile: (973) 596-0545
E-mail: mmcdonald@gibbonslaw.com
jmarino@gibbonslaw.com
tvalen@gibbonslaw.com
- and -
Natalie Marie Lefkowitz, Esq.
CHASE KURSHAN HERZFELD & RUBIN LLC
354 Eisenhower Pkway., Suite 1100
Livingston, NJ 07039
Telephone: (973) 535-8840
Facsimile: (973) 535-8841
E-mail: nlefkowitz@herzfeld-rubin.com
Castagna v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06290 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-08340
Plaintiff's Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
Drachler v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06257 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07131
Plaintiff's Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
Lefkowitz, et al. v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06308 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07251
Plaintiffs' Counsel:
Alexander H. Schmidt, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 545-4677
E-mail: schmidt@whafh.com
Beitz v. Volkswagen Group of America Inc.
Docket No. 3:15-cv-06301 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07233
Plaintiff's Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
Doebler v. Volkswagen Group of America, Inc.
Docket No. 3:15-cv-06157 (N.D. Cal., December 30, 2015)
Case in other court: Florida Southern, 1:15-cv-23753
Plaintiff's Counsel:
John Gravante, III, Esq.
Peter Prieto, Esq.
PODHURST ORSECK, P.A.
25 West Flagler Street, Suite 800
Miami, FL 33130
Telephone: (305) 358-2800
Facsimile: (305) 358-2382
E-mail: jgravante@podhurst.com
pprieto@podhurst.com
Counsel to Volkswagen Group of America Inc.:
Larry Martin Roth, Esq.
Michael D. Begey, Esq.
RUMBERGER, KIRK & CALDWELL, PA
300 S Orange Ave., Suite 1400
P.O. Box 1873
Orlando, FL
Telephone: (407) 841-2133
Facsimile: (407) 841-2133
E-mail: lroth@rumberger.com
mbegey@rumberger.com
Cowell v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06307 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07243
Plaintiff's Counsel:
Stephen A. Corr, Esq.
STARK AND STARK, P.C.
777 Township Line Road, Suite 120
Yardley, PA 19067
Telephone: (267) 907-9600
E-mail: scorr@stark-stark.com
Rimassa, et al. v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06287 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07763
Plaintiffs' Counsel:
Eric G. Kahn, Esq.
JAVERBAUM WURGAFT HICKS KAHN WIKSTROM & SININS
505 Morris Avenue
Springfield, NJ 07081-3555
Telephone: (973) 379-4200
Facsimile: (973) 379-7872
E-mail: erick@jwhz.com
Greczylo, et al. v. Volkswagen Group of America Inc., et al.
Docket No. 3:15-cv-06302 (N.D. Cal., December 30, 2015)
Case in other court: New Jersey, 2:15-cv-07234
Plaintiffs' Counsel:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
MDL 2677: "Backer" Suit v. FanDuel Transferred to Boston
--------------------------------------------------------
Martin Backer and Rebecca McGuire, individually and on behalf of
all others similarly situated, Plaintiffs, v. FanDuel Inc.,
Defendant, Case No. 3:15-cv-01432 (M.D. Tenn., December 3, 2015)
has been transferred from the district court in Tennessee to
Boston under Case No. 1:16-cv-10389-GAO, (D. Mass., February 24,
2016).
The case is consolidated under In Re: Daily Fantasy Sports
Marketing and Sales Practices Litigation, MDL 2677, before Judge
George A. OToole, Jr.
The Plaintiffs are represented by:
Benjamin Coleman, Esq.
Hughes & Coleman-Lexington
2333 Alexandria Drive, Suite 118
Lexington, KY 40504
Tel: (859) 260-1722
- and -
Christopher B Hood, Esq.
HENINGER GARRISON DAVIS LLC
2224 1st Avenue North
Birmingham, AL 35203
Tel: (205) 326-3336
Fax: (205) 326-3332
Email: chood@hgdlawfirm.com
- and -
James F. McDonough , III, Esq.
Heninger Garrison & Davis, LLC
Suite 4320, 3621 Vinings Slope
Atlanta, GA 30339
Tel: (404) 996-0869
Fax: (205) 380-8076
Email: jmcdonough@hgdlawfirm.com
- and -
Lee L. Coleman, Esq.
Hughes & Coleman
P.O. Box 10120
Bowling Green, KY 42102
Tel: (270) 782-6003
Fax: (270) 782-8820
Email: lcoleman@hughesandcoleman.com
- and -
Taylor C Bartlett, Esq.
HENINGER GARRISON DAVIS
2224 1st Avenue North
Birmingham, AL 35203
Tel: (205) 326-3336
Fax: (205) 380-8085
Email: taylor@hgdlawfirm.com
- and -
W. Lewis Garrison , Jr., Esq.
Heninger, Garrison & Davis, LLC
2224 first Avenue North
PO Box 11310
Birmingham, AL 35203
Tel: (205) 326-3336
Fax: (205) 326-3332
The Defendant is represented by:
Robert F. Tom, Esq.
BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ
165 Madison Avenue, Suite 2000
Memphis, TN 38103
Tel: (901) 526-2000
Email: rtom@bakerdonelson.com
MDL 2677: "Boast" Suit v. FanDuel Transferred to Boston
-------------------------------------------------------
Leah Boast, individually and on behalf of all others similarly
situated, Plaintiff, v. FanDuel Inc., Defendant, Case No. 1:15-cv-
01129 (D.N.M., December 14, 2015) has been transferred from New
Mexico court to the district court in Boston and assigned Case No.
1:16-cv-10390, (D. Mass., February 24, 2016).
The case is consolidated under In Re: Daily Fantasy Sports
Marketing and Sales Practices Litigation, MDL 2677, before Judge
George A. O'Toole, Jr.
The Plaintiffs are represented by:
Bryan L. Williams, Esq.
Ron Bell Injury Lawyers
610 Seventh Street, NW
Albuquerque, NM 87102
Tel: (505) 242-5003 ext 280
Fax: (505) 243-7192
Email: bwilliams@898-bell.com
The Defendant is represented by:
Jason Michael Wexler, Esq.
Aldridge Grammer & Hammar PA
1212 Pennsylvania St. NE
Albuquerque, NM 87110
Tel: (505) 266-8787
Fax: (505) 255-4029
Email: jwexler@abqlawnm.com
MDL 2677: "Boast" vs. DraftKings Transferred to Boston
------------------------------------------------------
Leah Boast, individually and on behalf of all others similarly
situated, Plaintiff, v. DraftKings, Inc., Defendant, Case No.
1:15-cv-01129 (D. N.M., December 14, 2015) has been transferred
from New Mexico court to the district court in Boston and assigned
Case No. 1:16-cv-10391, (D. Mass., February 24, 2016).
The case is consolidated under In Re: Daily Fantasy Sports
Marketing and Sales Practices Litigation, MDL 2677, before Judge
George A. O'Toole, Jr.
The Plaintiff is represented by:
Ron Bell Injury Lawyers, Esq.
610 Seventh Street, NW
Albuquerque, NM 87102
Tel: (505) 242-5003 ext 280
Fax: (505) 243-7192
Email: bwilliams@898-bell.com
The Defendant is represented by:
John R. Cooney, Esq.
MODRALL SPERLING ROEHL HARRIS & SISK PA
PO Box 2168
Albuquerque, NM 87103
Tel: (505) 848-1800
Fax: 848-1889
Email: jcooney@modrall.com
- and -
Nathan T Nieman, Esq.
MODRALL, SPERLING, ROEHL, HARRIS, & SISK, PA
Post Office Box 2168
Albuquerque, NM 87103
Tel: (505) 848-1800
Fax: (505) 848-1891
Email: ntn@modrall.com
MDL 2687: City of Tacoma Price-Fixing Suit Transferred to N.J.
--------------------------------------------------------------
City of Tacoma, on behalf a Class of persons and entities who
purchased liquid aluminum sulfate, Plaintiff, v. General Chemical
Corporation, General Chemical Performance Products, LLC, Chemtrade
Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade
Chemicals US, LLC, GenTek, Inc., Frank A. Reichl, and John Does 1-
50, Defendants, Case No. 2:16-cv-05057, (W.D. Wash., January 21,
2016), alleges that the Defendants conspired and agreed to fix,
raise, inflate, maintain or stabilize prices of Alum, rig bids and
allocate customers for Alum supplied to municipalities, pulp and
paper companies, agricultural companies and all other direct
purchasers in the United States.
Accordingly, the Plaintiff, on behalf of itself and the Class,
requests that the Court to:
* determine that this action may be maintained as a class action
pursuant to Fed. R. Civ. P. 23(a) and (b)(3);
* enter joint and several judgments against the Defendants and in
favor of Plaintiff and the Class;
* award the Class damages (i.e., three times overcharges) in an
amount to be determined at trial, plus interest in accordance
with law;
* award Plaintiff and the Class their costs of suit, including
reasonable attorneys' fees as provided by law; and
* award such further and additional relief as is necessary to
correct for the anticompetitive market effects caused by the
Defendants' unlawful conduct, as the Court may deem just and
proper under the circumstances.
On Feb. 18, 2016, the case was transferred to the U.S. District
Court for the District of New Jersey and assigned Case No. 2:16-
cv-00871-JLL-JAD. The Case was placed in In Re Liquid Aluminum
Sulfate Antitrust Litigation, MDL No. 2687. Judge Jose L. Linares
and Magistrate Judge Joseph A. Dickson were added to the Case.
An initial conference is set for March 3, 2016, at 10:00 a.m. in
Newark.
General Chemical Corporation, was a Delaware corporation founded
in 1899, renamed Chemtrade Chemicals Corporation on February 11,
2015, with its principal executive office located at 90 East
Halsey Road, Parsippany, New Jersey 07054. The business was
acquired by a private equity company American Securities LLC in
October 2009, who then sold the business to Defendant Chemtrade
Logistics Inc. in January 2014.
Defendant General Chemical Corporation, renamed Chemtrade
Chemicals Corporation, and now generally known in the industry as
General Chemical USA, is still headquartered at 90 East Halsey
Road, Parsippany, New Jersey 07054, with its corporate offices
located at 155 Gordon Baker Road, Suite 300, Toronto, Ontario M2H
3NS, and its Technical Service for water treatment and pulp and
paper headquarters located at Syracuse Technical Center, 1421
Willis Avenue, Syracuse, NY 13204.
General Chemical USA operates over 40 facilities across the United
States,serving a customer base including municipal water
treatment, general industrial production, pulp and paper, food and
beverage, agriculture and pharmaceuticals.
The Plaintiff is represented by:
Lynn Lincoln Sarko, Esq.
Mark A. Griffin, Esq.
Derek W. Loeser, Esq.
Raymond J. Farrow, Esq.
Daniel P. Mensher, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
Tel: (206) 623-1900
Fax: (206) 623-3384
MDL 2687: East Valley Water District Suit Transferred to N.J.
-------------------------------------------------------------
East Valley Water District, on behalf of itself and all others
similarly situated, Plaintiff, v. Frank A. Reichl, Geo Specialty
Chemicals, Inc.; Chemtrade Logistics, Inc.; Chemtrade Logistics
Income Fund; Chemtrade Chemicals Corporation; Chemtrade Chemicals
US LLC,; General Chemical Corporation; General Chemical
Performance Products LLC; Gentek, Inc. and John Does 1-10,
Defendants, Case No. 15-cv-6799, (E.D. Pa., December 24, 2015),
seeks to recover damages incurred by itself and the Class due to
Defendants' and co-conspirators' violation of section 1 of the
Sherman Antitrust Act, 15 U.S.C. Section 1, by:
(i) conspiring to fix prices and colluding to bypass
competitive bidding and independent pricing for LAS
contracts during the Class Period; and
(ii) conspiring to raise prices by submitting artificially-
inflated bids to Plaintiff and Class Members during the
Class Period.
Plaintiff, on behalf of itself and all others similarly situated,
requests a jury trial, pursuant to Federal Rule of Civil Procedure
38, on any and all claims so triable.
On Feb. 18, 2016, the Case transferred to the District of New
Jersey and assigned Case Number 2:16-cv-00869. The Case was
placed in In Re Liquid Aluminum Sulfate Antitrust Litigation, MDL
No. 2687. Judge Jose L. Linares and Magistrate Judge Joseph A.
Dickson were added to the Case.
An initial conference is set for March 3, 2016, at 10:00 a.m. in
Newark.
GEO Specialty Chemicals Inc. ("GEO Specialty"), is a privately-
held Ohio corporation with its principal place of business at 340
Mathers Road, Ambler, Pennsylvania. GEO Specialty manufactures,
markets, and supplies specialty chemicals, including water
treatment chemicals, for customers in the United States and
internationally.
The Plaintiff is represented by:
Lee Albert, Esq.
Brian P. Murray, Esq.
Thomas Kennedy, Esq.
122 East 42nd Street, Suite 2920
New York, NY 10168
Tel: (212) 682-5340
Email: lalbert@glancylaw.com
bmurray@glancylaw.com
tkennedyt@glancylaw.com
- and -
Brian J. Robbins, Esq.
George C. Aguilar, Esq.
Leonid Kandinov, Esq.
ROBBINS ARROYO LLP
600 B Street, Suite 1900
San Diego, CA 92101
Tel: (619) 525-3990
Fax: (619) 525-3991
Email: brobbins@robbinsarroyo.com
gaguilar@robbinsarroyo.com
lkandinov@robbinsarroyo.com
- and -
C. Patrick Milligan, Esq.
MILLIGAN, BESWICK, LEVINE & KNOX LLP
1447 Ford Street, Suite 201
Redlands, CA 92374
Tel: (909) 453-4017
Fax: (909) 888-5745
MDL 2687: Mattoon Suit Transferred to N.J. Court
------------------------------------------------
City of Mattoon, individually and on behalf of all others
similarly situated, Plaintiff, v. Frank A. Reichl, Geo Specialty
Chemicals, Inc., General Chemical Corporation, General Chemical
Performance Products LLC, Gentek Inc., Chemtrade Logistics Income
Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation,
Chemtrade Chemicals US LLC, and John Doe Nos. 1-50, Case 2:16-cv-
00319, (E.D. Pa., January 26, 2016), alleges that the defendants
have combined and conspired to raise, fix, maintain, or stabilize
the price of liquid aluminum sulfate in the United States.
Plaintiff, individually and on behalf of members of the Class,
respectfully requests that the Court enter judgment in their favor
and against Defendants, as follows:
A. Certification of the proposed Class, including appointment of
Plaintiff's counsel as Class Counsel;
B. Costs, restitution, damages, and disgorgement in an amount to
be determined at trial;
C. Defendants and their co-conspirators be permanently enjoined
and restrained from continuing and/or maintaining the
conspiracy or agreement alleged;
D. Treble and/or punitive damages as permitted by applicable laws;
E. An order requiring Defendant to pay both pre- and post-judgment
interest on any amounts awarded;
F. An award of costs and attorneys' fees; and
G. Such other or further relief as may be appropriate.
On Feb. 18, 2016, the Case transferred to the District of New
Jersey and assigned Case Number 2:16-cv-00870. The Case was
placed in In Re Liquid Aluminum Sulfate Antitrust Litigation, MDL
No. 2687. Judge Jose L. Linares and Magistrate Judge Joseph A.
Dickson were added to the Case.
An initial conference is set for March 3, 2016, at 10:00 a.m. in
Newark.
The case is assigned to Judge Jose L. Linares.
Plaintiff demands a jury trial as to all issues so triable.
GEO Specialty Chemicals Inc. ("GEO Specialty"), is a privately-
held Ohio corporation with its principal place of business at 340
Mathers Road, Ambler, Pennsylvania. Defendant GEO Specialty
manufactures, markets, and supplies specialty chemicals, including
water treatment chemicals, for customers in the United States and
internationally.
The Plaintiffs are represented by:
Jeffrey L. Kodroff, Esq.
Jeffrey J. Corrigan, Esq.
SPECTOR ROSEMAN KODROFF & WILLIS, P.C.
1818 Market St., Suite 2500
Philadelphia, PA 19103
Tel: (215) 496-0300
Fax: (215) 496-6611
Email: jkodroff@srkw-law.com
jcorrigan@srkw-law.com
- and -
Thomas H. Burt, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Ave., New York
New York 10016
Tel: (212) 545-4600
Fax: (212) 686-0114
Email: burt@whafh.com
- and -
Theodore B. Bell, Esq.
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
One South Dearborn St., Suite 2122
Chicago, Illinois 60603
Tel: (312) 984-0000
Fax: (312) 212-4496
Email: tbell@whafh.com
malmstrom@whafh.com
- and -
Janett S. Winter-Black, Esq.
LAW OFFICES OF WINTER-BLACK AND BAKER
201 N. Logan St., Mattoon
Illinois 61938
Tel: (217) 235-3400
Fax: (217) 235-3402
MERCK & CO: "Orlando" Suit Moved from NY Sup. Ct. to E.D.N.Y.
-------------------------------------------------------------
The lawsuit titled Orlando et al. v. Merck & Co, Inc. et al., Case
No. 607877/2015, was removed from the New York State Supreme
Court, County of Nassau, to the U.S. District Court for the
Eastern District of New York (Central Islip). The District Court
Clerk assigned Case No. 2:16-cv-00209 to the proceeding.
According to the complaint, the Plaintiffs claimed that Merck's
medication for the treatment of type 2 diabetes, Januvia causes
pancreatic cancer.
Januvia (sitagliptin) is an oral diabetes medicine that helps
control blood sugar levels. It works by regulating the levels of
insulin your body produces after eating.
Merck & Co. provides health care solutions worldwide. The company
offers therapeutic and preventive agents to treat cardiovascular,
type 2 diabetes, asthma, nasal allergy symptoms, allergic
rhinitis, chronic hepatitis C virus, HIV-1 infection, fungal
infections, intra-abdominal infections, hypertension, arthritis
and pain, inflammatory, osteoporosis, male pattern hair loss, and
fertility diseases. It is based in Kenilworth, New Jersey.
The Plaintiffs are represented by:
Shayna E. Sacks, Esq.
Napoli Shkolnik & Associates, PLLC
1301 Avenue of the Americas, 10th Floor
New York, NY 10019
The Defendants are represented by:
Beth L. Kaufman, Esq.
Silvia S. Larizza, Esq.
SCHOEMAN UPDIKE KAUFMAN STERN & ASCHER, LLP
551 Fifth Avenue
New York, NY 10176
Telephone: (212) 661 5030
Facsimile: (212) 687 2123
E-mail: bkaufman@schoeman.com
MERCY HOME: "Johnson" Suit Alleges Failure to Pay Overtime
----------------------------------------------------------
Wyketta Johnson, and all others similarly-situated v. Mercy Home
Care, Inc., Svetlana Lunchin, Jonathan Lunchin and John Does 1-5
and 6-10, Case No. 1:16-cv-00479 (D.N.J., January 28, 2016), is
brought against the Defendants for failure to pay overtime in
violation of the Fair Labor Standards Act and the New Jersey Wage
and Hour Law.
The Defendants own and operate a corporation engaged in the
provision of home health aides in New Jersey.
The Plaintiff is represented by:
Deborah L. Mains, Esq.
COSTELLO & MAINS, LLC
18000 Horizon Way, Suite 800
Mt. Laurel, NJ 08054
Tel: (856) 727-9700
E-mail: dmains@costellomains.com
MIC-RAY METALS: "Young" Complaint Alleges FLSA Violation
--------------------------------------------------------
Karen Young, on behalf of herself and all others similarly
situated, Plaintiff, v. Mic-Ray Metals Products, Inc., and Michael
Konicky, Defendants, Case No. 1:16-cv-00387, (N.D. Ohio, February
19, 2016), alleges that Defendants did not pay its non-exempt
employees, including Plaintiff and other similarly-situated
employees, for all hours worked, and/or overtime, in violation of
the Fair Labor Standards Act, 29 U.S.C. Sections 201-219.
The Plaintiff is represented by:
Claire I. Wade, Esq.
Brian D. Spitz, Esq.
THE SPITZ LAW FIRM, LLC
25200 Chagrin Blvd., Suite 200
Beachwood, OH 44122
Tel: (216) 291-4744
Fax: (216) 291-5744
Email: claire.wade@SpitzLawFirm.com
brian.spitz@SpitzLawFirm.com
MILLER FLOORING: "Smith" Suit Seeks Overtime Pay
------------------------------------------------
Marcellus Smith on behalf of himself and similarly situated
employees, Plaintiff, v. Miller Flooring Company, Inc.,
Defendant, Case 2:16-cv-00330-NIQA (E.D.Pa., January 27, 2016),
seeks unpaid wages and prejudgment interest, liquidated damages,
litigation costs, expenses as well as attorneys' fees pursuant to
the Fair Labor Standards Act and the Pennsylvania.
Defendant owns and operates a flooring construction and
installation business based in West Chester, PA where the
Plaintiff works in installation, finishing and maintenance.
The Plaintiff claims overtime in excess of 40 hours per work week.
The Plaintiff is represented by:
Peter Winebrake, Esq.
R. Andrew Santillo, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twinng Road, Suite 211
Dresher, PA 19025
Texl: (215) 884-2491
MILLERCOORS: Coors Light Ads Misleading, Class Suit Says
--------------------------------------------------------
Monica Pais, writing for Courthouse News Services, reported that
MillerCoors deceptively marketed and sold its "Coors Light" beer
as being exclusively brewed in the Rocky Mountains when in reality
it's made in other breweries nowhere near the mountains, a class
action claims.
In a lawsuit filed in Miami-Dade County, plaintiff Joaquin Lorenzo
says that Coors beers have always been advertised as being "brewed
with pure Rocky Mountain spring water."
The Coors brand's original brewery was founded in 1873 by Adolph
Coors and Jacob Schueler in Golden, Colorado at the base of the
Rocky Mountains.
"Coors Light is now the second most popular domestic beer sold in
the United States, surpassed only by Budweiser Light Beer,"
Lorenzo says.
According to the complaint, in 2004 the Golden, Colorado brewery,
then known as the Coors Brewing Company merged with Canadian
brewer Molson and formed the Molson Coors Brewing Company. Then in
2008 Molson Coors through a joint venture with SABMiller created
MillerCoors.
MillerCoors, Molson Coors and SABMiller now market, sell and
distribute the Coors Brand of beers throughout the United States
in the popular "yellow-bellied" cans, as well as the new different
can presentations of Coors Light Beers, the complaint claims.
Lazaro alleges that defendants still operate the famous brewery in
Colorado, which is considered the largest single brewery in the
world.
"However, it is no longer the sole origin of the Coors brand of
beers . . . Defendants now brew Coors Light in various breweries
located throughout the United States but nowhere near the Rocky
Mountains," Lazaro says.
Lazaro claims that defendants wrongfully sell the Coors Light beer
at a premium price under the representation that it's brewed in
the Rocky Mountains.
Defendants advertised and marketed Coors Light in print,
television, online, brewery tours and social media using
statements such as "Proudly brewed in the Rocky Mountain
tradition," "When the Mountains Turn Blue It's as Cold as the
Rockies," "What would we be without our mountains?," "Our Mountain
is brewing the World's most refreshing beer," and "Born in the
Rockies."
"Based on this and other marketing by defendants, reasonable
consumers believe that Coors Light sold in the U.S. through
defendants is exclusively brewed in the Rockies, and not in other
parts of the United States," Lazaro says.
Lazaro claims that if he would've have known that the Coors Light
beer is not exclusively made in the Rocky Mountains he would've
purchase other less expensive beer. Lazaro is seeking
compensatory damages on claims of unjust enrichment.
He is represented by Elizabeth Beck from Beck & Lee Trial Lawyers
in Miami, Fla.
The MillerCoors and Molson Coors' media department failed to
respond to email and phone requests for comment on the lawsuit.
NABORS DRILLING: "Hernandez" Suit Alleges FLSA Violation
--------------------------------------------------------
Jorge Hernandez, and all others similarly-situated v. Nabors
Drilling USA, LP; Nabors Corporate Services, Inc.; and Nabors
Drilling Technologies USA, Inc., Case No. 5:16-cv-00093 (W.D.
Tex., January 27, 2016), seeks declaratory judgment, monetary
damages, liquidated damages, prejudgment interest, civil penalties
and costs, including reasonable attorneys' fees for Defendants'
violation of the Fair Labor Standards Act.
Nabors owns and operates the world's largest land-based drilling
rig fleet and is a leading provider of offshore drilling rigs in
the United States and multiple international markets. Nabors also
provides directional drilling services, performance tools and
innovative technologies throughout the world's most significant
oil and gas markets.
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 South Shackleford Road, Ste 411
Little Rock, AR 72211
Tel: (501) 221-0088
Fax: (888) 787-2040
E-mail: josh@sanfordlawfirm.com
NBG DELIVERY SERVICE: "Gonzales" Suit Seeks Overtime, Minimum Pay
-----------------------------------------------------------------
Ana Gonzalez, individually and on behalf of other employees
similarly situated, Plaintiff v. NBG Delivery Service, Inc. and
Phyllis Johnson, Individually, Defendants, Case 1:16-cv-01234
(N.D. Ill., Eastern Division, January 27, 2016), seeks minimum
wages due, statutory damages, enjoinment, reasonable attorneys'
fees and costs as well as other and further relief pursuant to the
Fair Labor Standards Act and the Illinois Minimum Wage Law.
Gonzales worked as a delivery person for the Defendants. She
claims to have worked in excess of 40 hours per week without
compensation and did not receive the mandated minimum wage rate.
NBG Delivery Service is a logistics company operating in Illinois
with Phyllis Johnson as President.
The Plaintiff is represented by:
Susan J. Best, Esq.
CONSUMER LAW GROUP, LLC
6232 N. Pulaski, Suite 200
Chicago, IL 60646
Tel: 312-445-9662
Email: sbest@yourclg.com
NEBRASKA: Judge Allows Jail Overcrowding Suit to Proceed
--------------------------------------------------------
Lori Pilger, writing for Lincoln Journal Star, reports that a
judge has allowed two Nebraska inmates to go forward with parts of
their lawsuit against the state over conditions at Tecumseh State
Correctional Institution, but the inmates won't get the
declaration they sought that says an overcrowding emergency
exists.
Dukhan Mumin and Khalid Muhammad sued the state, Nebraska
Department of Correctional Services, State Claims Board, Board of
Parole and Correct Care Solutions, which provides health care to
the prison, alleging 19 claims.
The state parties asked the judge to dismiss the lawsuit.
But, in a recent order, Lancaster County District Judge Jodi
Nelson allowed the inmates to go forward, for now, on five of
their claims, which allege the following:
* Inadequate ventilation
* Exposure to communicable diseases
* Lack of programming and treatment
* Classification
* Contaminated water
She dismissed the rest, including a request to declare that an
emergency exists at the prison, and said that Mumin and Muhammad
had failed to state a claim for which relief could be granted.
Judge Nelson also dismissed a claim generally alleging inadequate
medical care and dismissed Correct Care Solutions from the
lawsuit.
And she pointed out that it appeared the two inmates were
attempting to pursue the case as a class action, which they are
permitted to do at this point.
In a complaint filed in January 2015, Messrs. Mumin and Muhammad
said they wanted $40 million each for what they called intentional
infliction of emotional distress and another $120 million each for
punitive damages.
They both are habitual criminals serving at least 10 years for
their most recent crimes.
Mr. Mumin, 60, was sentenced in 2013 to 10 to 20 years on a
Lancaster County cocaine charge. Mr. Muhammad, 48, was sentenced
in 2007 to 10 to 40 years for a Sarpy County theft.
Nebraska's nine prisons have room for 3,275 inmates and held 5,102
-- about 156 percent of capacity -- at the end of August.
Reaching 140 percent of capacity triggers a report to the
governor, who can declare an emergency, but Gov. Pete Ricketts has
not done so, nor did Gov. Dave Heineman before him.
That level also can be a benchmark federal judges use to order
construction of new cells.
Efforts to address the state's prison system are underway.
As of Aug. 31, the Tecumseh prison held 1,048 inmates, 109 percent
of capacity.
NEHDS LOGISTICS: Faces Improper Wage & Deductions Complaint
-----------------------------------------------------------
Ezequiel Garcia, individually and on behalf of a group of
individuals similarly Situated, Plaintiffs, v. NEHDS Logistics,
LLC, aka New England Home Delivery Services, LLC, and Bob's
Discount Furniture of Massachusetts, LLC, Defendants, Civil Action
No. 1684CV00536, (Massachusetts Superior Court, February 18,
2016), asserts that although Defendants classified them and other
similarly situated delivery drivers as independent contractors,
they were in fact defendants' employees under Massachusetts law,
M.G.L. c. 149, Section 148B. Plaintiffs further allege that they
were not paid proper wages and that improper deductions were made
from their wages, in violation of Massachusetts Wage Law, M.G.L.
c. 149, Section 148.
Accordingly, the Plaintiffs ask the Court to grant them
appropriate compensatory relief, attorneys' fees, statutory
trebling of damages, interests and costs and to certify this
action to proceed as a class action under Fed.R.Civ.P. 23.
The Plaintiffs request a trial by jury of on all their claims.
NEHDS provides delivery services for companies such as Bob's
Discount Furniture and Bassett Furniture. Bob's owns furniture
stores in Massachusetts and transacts business within the
Commonwealth.
The Plaintiffs are represented by:
James W. Simpson, Jr., Esq.
100 Concord Street, Suite 3b
Framingham, MA 01702
Tel: (508) 872-0002
Email: Jwsimpson11@verizon.net
- and -
Harold Lichten, Esq.
Thomas Fowler, Esq.
LICHTEN & LISS-RIORDAN
729 Boylston Street, Suite 2000
Boston, MA 02116
NEW YORK: Settles Suit Over Metropolitan Museum Ticket Price
------------------------------------------------------------
Karen Matthews, writing for The Associated Press, reports that the
pay-what-you-like policy at New York's Metropolitan Museum of Art
will be spelled out more clearly under a settlement of a class-
action lawsuit that challenged the museum's $25 "recommended"
admission.
Under the settlement reached on Feb. 26, the $25 ticket price will
be "suggested" instead of "recommended." In addition, signs will
advise visitors that "The amount you pay is up to you."
Andrew Celli Jr., a lawyer for the plaintiffs, said on Feb. 27
that the new signage "really opens up the museum to people of all
economic levels."
Museum officials said they were refining the Met's admissions
policies to coincide with the opening of a new outpost, the Met
Breuer, at the former Madison Avenue home of the Whitney Museum of
American Art.
"All of our recent branding and marketing work has been aimed at
simplifying our message of welcome to the public and emphasizing
that we are accessible to the widest possible audience," Met CEO
Thomas P. Campbell said in a statement.
The Met draws more than 6 million visitors a year and recommends
an admission fee of $25 for adults, $17 for seniors and $12 for
students.
The 2013 lawsuit accused the Met of misleading visitors by
implying that they had to pay the full amount. Museum officials
denied the allegation.
The lawsuit charged that under the museum's 19th-century lease
with the city it had no authority to charge any suggested
admission. That portion of the suit was thrown out.
NFL INC: "Dassa" Anti-trust Suit Moved from S.D.N.Y. to C.D. Cal.
-----------------------------------------------------------------
The class action lawsuit titled Dassa v. National Football League,
Inc. et al., Case No. 1:15-cv-08982, was transferred from
the U.S. District Court for the Southern District of New York, to
the U.S. District Court for the Central District of California
(Western Division - Los Angeles). The Central District Court Clerk
assigned Case No. 2:15-cv-10002-BRO-JEM to the proceeding.
According to the complaint, the Defendants unreasonably restrain
trade in violation of the Sherman Act.
National Football League owns and operates a football league in
the United States and internationally. The company offers news,
videos, teams, players, scores, schedules, stats, and standings;
and online services, such as game rewind, field pass, game pass,
and tools and widgets. The league is based in New York, New York.
The Plaintiff is represented by:
Jayne Arnold Goldstein, Esq.
Marc I Gross, Esq.
Jeremy A. Lieberman, Esq.
POMERANTZ LLP
600 Third Ave, 20th Floor
New York, NY 10016
Telephone: (212) 661 1100
Facsimile: (212) 661 8665
E-mail: jagoldstein@pomlaw.com
migross@pomlaw.com
jalieberman@pomlaw.con
OCCIDENTAL PETROLEUM: Faces $265 Million Suit by Oil Workers
------------------------------------------------------------
Cameron Langford, writing for Courthouse News Service, reported
that Occidental Petroleum won $1.7 billion from Ecuador in
arbitration over oil drilling rights, and owes 15 percent of it
-- $265 million -- to its former workers, the Ecuadoreans claim in
a federal class action in Houston, California.
Occidental, a Houston-based oil and gas driller, has 38,000
employees and operates in Latin America, the Middle East and the
United States. Occidental is called OXY in the lawsuit and on the
New York Stock Exchange, where its shares closed at $69.47 on Feb.
24.
Ecuadorean law requires private companies to pay15 percent of
annual profits to their employees and Oxy skipped out on those
payments, lead plaintiff Juan Carlos Cisneros Guerrero says.
He sued Occidental Petroleum Corp. and Occidental Exploration and
Production Co. on Monday, seeking class certification and damages
of $265.4 million for more than 300 workers.
Cisneros says that after Ecuador terminated OXY's oil concessions
in 2006, the company claimed it was too broke to pay the workers
their cut, and fired them.
"Ecuador terminated OXY's oil concessions in that country because
OXY made an assignment of a part of its interest in those
concessions which the government contended was illegal," the
complaint states.
Oil and gas concessions are a way for countries to generate income
without getting their hands dirty. Private companies take the risk
of drilling and pay royalties and taxes on production.
OXY took Ecuador to arbitration at the International Center for
Settlement of Investment Disputes, which umpires such disputes
under a U.S.-Ecuador trade agreement, Cisneros says. The panel
awarded Oxy $1.7 billion for its lost concession revenue.
"Because OXY incurred no operating expense or overhead, the sum
awarded by the panel is profit, and the statutory profit sharing
of 15 percent is due on that sum," the workers say.
They are represented by Michael Sydow in Houston.
OXY did not respond to two requests for comment
The company keeps a low profile in Houston, where it's
overshadowed by Shell, BP, Chevron and ExxonMobil, despite its
solid production. OXY was among the top three of oil producers in
Texas in 2015, according to the Houston Business Journal.
P KEANE INC: "Quijada" Suit Seeks to Recover Unpaid Overtime
------------------------------------------------------------
Marcelino Quijada, and all others similarly-situated v. P. Keane,
Inc., Peter Keane and Wendy Keane, Case No. 1:16-cv-00648
(S.D.N.Y., January 28, 2016), seeks to recover unpaid overtime,
liquidated damages and attorneys' fees and costs pursuant to the
Fair Labor Standards Act and the New York Labor Law.
The Defendants operate a construction company located at 530 West
123rd Street, #B-1, New York, NY, 10027.
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
PENN-RIDGE TRANSPORTATION: "Castellon" Suit Moved to C.D. Cal.
--------------------------------------------------------------
The class action lawsuit titled Carlos Castellon v. Penn-Ridge
Transportation Inc. et al., Case No. CIVDS1508746, was removed
from the San Bernardino County Superior Court, to the U.S.
District Court for the Central District of California (Eastern
Division - Riverside). The District Court Clerk assigned Case No.
5:16-cv-00085-JLS-DTB to the proceeding.
Penn-Ridge Transportation, a Michigan Corporation Company, is
based in Hendersonville, Tennessee. It provides trucking
transportation services. The Company offers shuttle operations,
cross-dock operations, warehouse inventory management, and home
delivery services. Penn-Ridge Transportation serves customers in
the United States.
The Plaintiff is represented by:
Ann Hendrix, Esq.
David P Myers, Esq.
Jason T Hatcher, Esq.
THE MYERS LAW GROUP APC
9327 Fairway View Place Suite 100
Ranch Cucamonga, CA 91730
Telephone: (909) 919 2027
Facsimile: (888) 375 2102
E-mail: ahendrix@myerslawgroup.com
dmyers@myerslawgroup.com
jhatcher@myerslawgroup.com
The Defendant is represented by:
Jahmal Tondi Davis, Esq.
Jennifer M Martinez, Esq.
Kyle A Mabe, Esq.
HANSON BRIDGETT LLP
425 Market Street 26th Floor
San Francisco, CA 94105
Telephone: (415) 777 3200
Facsimile: (415) 541 9366
E-mail: jdavis@hansonbridgett.com
jmartinez@hansonbridgett.com
kmabe@hansonbridgett.com
PETRO HOME: Faces Class Action Over Misleading Pricing Plans
------------------------------------------------------------
Robbie Hargett, writing for Legal Newsline, reports that a
New York man is suing a home heating oil provider over claims it
does not follow through on the terms of one of its pricing plans.
M. Norman Donnenfeld, individually and for all others similarly
situated, filed a class-action lawsuit Feb. 18 in U.S. District
Court for the District of New Jersey against Petro Home Services,
Petro Holdings and Petro Inc., alleging violations of the New York
General Business Law, false advertising, fraudulent
concealment/nondisclosure, breach of contract, breach of good
faith and fair dealing, unjust enrichment and violations of
consumer protection laws in several other states.
Petro offers various pricing plans, including a variable plan, a
fixed plan and a ceiling plan, the suit states.
The suit states that consumers who opt for the ceiling plan are
advised that they will be able to take advantage of lower oil
prices, as the price per gallon of oil would vary based on market
conditions, but consumers allegedly would not be charged over a
set limit. However, the suit states has an unstated practice of
not reducing the per gallon price to consumers who have opted for
the ceiling plan even when oil prices fall.
Instead, Petro allegedly charges ceiling plan consumers the top of
the ceiling price per gallon regularly.
As a result, consumers do not receive any benefit from the ceiling
plan, but they are charged an early termination fee if they try to
cancel or switch their plan.
Mr. Donnenfeld and others in the class seek actual and statutory
damages, injunctive relief, restitution, attorney fees and costs.
They are represented by attorneys Bruce H. Nagel and Randee M.
Matloff -- rmatloff@nagelrice.com -- of Nagel Rice in Roseland,
New Jersey.
U.S. District Court for the District of New Jersey Case number
2:16-CV-00882-JMV-JBC
PHILIPPE NORTH AMERICA: "Sandoval" Suit Seeks Minimum, OT Pay
-------------------------------------------------------------
Oscar Sandoval, Juan Aca, Elmer Bonilla, Edvin Chavez, Felix
Maldonado Diaz, Enrique Flores, Kerry Nohoth Hernandez-Rodriguez,
Pablo Lainez, Jose Luis Maldonado Lopez, Martin Lopez, Kihel
Noureddine, Ignacio Quijano-Aviles, Angel Quito, Leonardo Ramon,
Flavio Soto, Filiberto Villalba, Edwin Zevallos, And Freddy
Zevallos, on behalf of themselves and on behalf of other
similarly-situated individuals, Plaintiffs, v. Philippe North
America Restaurants, LLC, Dave 60 NYC, INC., Philippe NYC LLC,
Philippe Hamptons, Inc, Philippe Chow East Hampton LLC, Philippe
Jericho LLC, Philippe Chow Atlanta LLC, Merchants Hospitality,
Inc., Philippe Chow Holdings LLC, Philippe Chow Mgmt LLC, Morfogen
Mgmt. Corp., Philippe Equities LLC, Philippe Chow, and Stratis
Morfogen, Defendants, Case 1:16-cv-00615 (S.D.N.Y., January 27,
2016), seeks unpaid minimum and overtime wages, withheld
gratuities, spread of hours pay, damages, pre-judgment and post-
judgment interest and attorney's fees and costs pursuant to the
Fair Labor Standards Act and the New York Labor Law.
Plaintiffs are restaurant staff working in the different locations
of the restaurant chain owned by Philippe Chow. They claim to have
been paid wages below minimum, denied overtime compensation,
spread of hours pay and tips.
The Plaintiff is represented by:
David E. Gottlieb, Esq.
Kenneth D. Sommer, Esq.
WIGDOR LLP
85 Fifth Avenue
New York, NY 10003
Tel: (212) 257-6800
Fax: (212) 257-6845
Email: dgottlieb@wigdorlaw.eom
ksommer@wigdorlaw.com
PRESSLER & PRESSLER: "Watkins" Suit Moved to N.J. Dist. Court
--------------------------------------------------------------
The class action lawsuit titled Watkins v. Pressler & Pressler LLP
et al., Case No. MID-L-007147-15, was removed from the Superior
Court of New Jersey, Middlesex County, to the U.S. District Court
for the District of New Jersey (Newark). The District Court Clerk
assigned Case No. 2:16-cv-00119-MCA-LDW to the proceeding.
Pressler & Pressler provides legal services. The Company offers
full service legal advice, asset management, and network
infrastructure utilizing software. Pressler & Pressler serves
customers in the United States. The Company is based in
Parsippany, New Jersey.
The Plaintiff is represented by:
Andrew R. Wolf, Esq.
THE WOLF LAW FIRM, LLC
1520 U.S. HIGHWAY 130, Suite 101
North Brunswick, NJ 08902
Telephone: (732) 545 7900
Facsimile: (732) 545 1030
E-mail: awolf@wolflawfirm.net
- and -
Yongmoon Kim, Esq.
KIM LAW FIRM LLC
411 Hackensack Ave 2 Fl.
Hackensack, NJ 07601
Telephone: (201) 273 7117
Facsimile: (201) 273 7117
E-mail: ykim@kimlf.com
The Defendant is represented by:
MITCHELL L WILLIAMSON, Esq.
PRESSLER & PRESSLER, LLP
7 Entin Road
Parsippany, NJ 07054
Telephone: (973) 753 5100
E-mail: mwilliamson@pressler-pressler.com
PSCU INC: "Davis" Suit Alleges FLSA Violation
---------------------------------------------
Larry Davis, individually, and on behalf of others similarly
situated, Plaintiff, PSCU Incorporated, Defendant, Case No. 2:16-
cv-10607-SJM-SDD, (E.D. Mich., February 18, 2016), requests the
following relief:
a. Certifying this case as a collective action in accordance with
29 U.S.C. Section 216(b) with respect to claims under the Fair
Labor Standards Act (Count I);
b. Certifying this action as a class action (for the Rule 23
nationwide class) pursuant to Rule 23(b)(2) and (b)(3) with
respect to Plaintiff's breach of contract claim (Count II);
c. Certifying this action as a class action (for the Rule 23
nationwide class) pursuant to Rule 23(b)(2) and (b)(3) with
respect to Plaintiff's nationwide claim for unjust enrichment
(Count III);
d. Ordering Defendant to disclose in computer format, or in print
if no computer readable format is available, the names and
addresses of all collective action Class members and Rule 23
Class members, and permitting Plaintiff to send notice of this
action to all those similarly situated individuals, including
the publishing of notice in a manner that is reasonably
calculated to apprise the class members of their rights by law
to join and participate in this lawsuit;
e. Designating Plaintiff as the representative of the FLSA
collective action Class and the Rule 23 Nationwide Classes and
undersigned counsel as Class counsel for the same;
f. Declaring Defendant violated the FLSA and the Department of
Labor's attendant regulations as cited herein;
g. Declaring Defendant's violation of the FLSA was willful;
h. Declaring Defendant breached its contract with Plaintiff and
the members of the Rule 23 Nationwide Classes by failing to pay
them for each hour they worked at a pre-established
(contractual) regularly hourly rate;
i. Granting judgment in favor of Plaintiff and against Defendant
and awarding Plaintiff and the collective action Class, the
Rule 23 Nationwide Classes, the full amount of damages and
liquidated damages available by law;
j. Awarding reasonable attorneys' fees and costs incurred by
Plaintiff in filing this action as provided by statute;
k. Awarding pre- and post-judgment interest to Plaintiff on these
damages; and
l. Awarding such other and further relief as this Court deems
appropriate.
The Plaintiff demands a trial by jury pursuant to, among others,
Rule 38 of the Federal Rules of Civil Procedure.
The Case is assigned to District Judge Stephen J. Murphy, III.
PSCU provides financial services to credit unions including
operating four call centers in the United States.
The Plaintiff is represented by:
Neil B. Pioch, Esq.
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Tel: (248) 746-4044
Fax: (248) 746-4001
Email: npioch@sommerspc.com
jyoung@sommerspc.com
ROYAL CARRIBEAN: Cruise Ship to Return Home After Storm Warning
---------------------------------------------------------------
The Associated Press reports that a cruise ship that was battered
by a major Atlantic storm in January was headed back to its home
port on Feb. 28 as another squall threatened its current voyage.
Royal Caribbean tweeted on Feb. 27 that the Anthem of the Seas
ship would return to the port of Bayonne, New Jersey.
"The decision to return home was based on avoiding forecasted gale
warning weather conditions along our original itinerary and our
desire to ensure the safety and comfort of our guests and crew,"
Cynthia Martinez, a spokeswoman for the Miami-based cruise line,
said in a statement on Feb. 28.
John Turell, an executive with The Associated Press who is aboard
the ship with his wife, said in an email that the ship's captain
and its cruise director made announcements saying some people were
suffering from norovirus.
"Sanitation levels on the ship have been boosted," said
Mr. Turell, the AP's regional television executive for the
Northeast. "(Ship) workers are scurrying around like ants,
scrubbing down handrails, tables and any other surfaces that can
be washed."
He noted that life aboard the ship "appears quite normal" other
than the very visible increased sanitation efforts.
Ms. Martinez said "a small percentage of our guests have
experienced gastrointestinal illness thought to be norovirus,"
about nine to 10 cases per day out of more than 6,000 people
aboard. "Those affected by the short-lived illness are responding
well to over-the-counter medicine," she said.
Mr. Turell said passengers were told on Feb. 27 that the cruise
was being cut two days short because of a storm developing off
Cape Hatteras. As a result, planned stops in Barbados and St.
Kitts were being skipped and the ship was expected to arrive at
its home port on Feb. 24.
The voyage's premature end comes just weeks after the Anthem of
the Seas made headlines for another stormy incident.
The ship was damaged a day after it set sail on Feb. 6 when it
encountered 30-foot waves and hurricane force winds, and its 4,500
passengers hunkered down for hours.
One passenger's lawsuit claims that people had to hold onto their
beds to keep from falling and injuring themselves.
QUALITY INTEGRATED: "Stapleman" Suit Alleges FLSA Violations
------------------------------------------------------------
Richard Stapleman, and all others similarly-situated v. Quality
Integrated Services, Inc., Case No. 2:16-cv-00024 (E.D. Wash.,
January 27, 2016), is brought against the Defendant for violations
of the Fair Labor Standards Act and the Washington Wage Act.
Defendant Quality Integrated Services, Inc. is a corporation
providing third party services, including inspection, for the
construction and maintenance of oil and natural gas transmission,
midstream and gathering lines, facility construction, meter runs
and many other types of oil and gas construction throughout the
United States.
The Plaintiff is represented by:
Beth E. Terrell, Esq.
Marc C. Cote, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Tel: (206) 816-6603
Fax: (206) 319-5450
E-mail: bterrell@terrellmarshall.com
mcote@terrellmarshall.com
- and -
Shanon J. Carson, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Tel: (215) 875-3000
Fax: (215) 875-4604
E-mail: scarson@bm.net
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Tel: (713) 877-8788
Fax: (713) 877-8065
E-mail: rburch@brucknerburch.com
RESULTS COMPANIES: "Mulligan" Suit Seeks to Recover Unpaid Wages
----------------------------------------------------------------
Dianna Mulligan, Michael Mulligan, Adrian Flores, and all others
similarly-situated v. The Results Companies LLC, Case No. 4:16-cv-
00238 (S.D. Tex., January 27, 2016), seek to recover unpaid wages
and overtime pursuant to the Fair Labor Standards Act.
The Results Companies provides premier contact center customer
service and sales solutions. Its office in Corpus Christi is
located at 400 Main Street, Suite 400, Corpus Christi, Texas
78401.
The Plaintiffs are represented by:
Jennifer J. Spencer, Esq.
SPENCER SCOTT PLLC
Two Lincoln Centre
5420 LBJ Freeway, Suite 300
Dallas, TX 75240-6271
Tel: (972) 458-5319
Fax: (972) 770-2156
E-mail: jspencer@spencerscottlaw.com
SAINT-GOBAIN: Hoosick Falls Residents Worry Over Tainted Water
--------------------------------------------------------------
Jesse McKinley, writing for The New York Times, report that one
resident called 911 asking whether the village's water would burn
his skin off. Families have lined up to have their blood drawn and
their wells tested. Banks stopped giving out mortgages, and some
local residents stopped washing their dishes, their clothes and
themselves. Erin Brockovich has been to town.
Such are the unpleasant contours of a public health emergency that
is playing out in Hoosick Falls, a quiet river-bend village near
the New York-Vermont border that has been upended by disclosures
that the public water supply was tainted with high levels of
perfluorooctanoic acid, or PFOA, a toxic chemical linked in some
studies to an increased risk for cancer, thyroid disease and
serious complications during pregnancy.
A federal class-action lawsuit was filed against Saint-Gobain
Performance Plastics and Honeywell International, the current and
former owners of the plant that, according to the state, was the
source of the PFOA contamination. The toxic chemical is
associated with the making of Teflon, which was used in products
manufactured at the plant.
After the revelation of lead contamination in Flint, Mich., where
Gov. Rick Snyder's response was widely criticized, the situation
in Hoosick Falls has provoked both deep concern about water
quality and a heightened scrutiny of how public officials have
responded.
In New York, elements of the state's response have been repeatedly
questioned. Nearly a year and a half passed, for instance, from
the time the chemical was discovered in the water -- by a
concerned resident -- to the warning from state health officials
that residents avoid drinking it.
In the interim, state and local officials assured the public on
several occasions that the water was safe -- most recently in
December, even after the federal Environmental Protection Agency
had recommended to the village's mayor that residents avoid using
Hoosick's well water. Gov. Andrew M. Cuomo and other officials
have defended their response, saying they have acted as
aggressively as possible with the information they have -- noting
shifting federal standards on the contaminant, which is as yet
unregulated.
But many residents here believe the damage has already been done
in Hoosick Falls, a village of 3,500 about 30 miles northeast of
the State Capitol in Albany, whose previous claim to fame was
being the resting place of Grandma Moses, whose bucolic, childlike
images still adorn walls around town.
Now, however, the village's very name -- pronounced who-sick --
seems to be a cruel joke.
"I feel like we're a stigma," said Cindy Sprague, 67, a retired
waitress who has lived here for more than 40 years. "And I feel
like we're going to become a ghost town."
The situation in Hoosick Falls has led to heightened and some
frightened awareness of PFOA and other potentially hazardous
chemicals, with worries rippling out to neighboring towns, over
state lines and across the nation. On Feb. 20, state officials
announced that PFOA had also been found in the water in
Petersburgh, N.Y., 10 miles south of Hoosick Falls. On Feb. 25,
Gov. Peter Shumlin of Vermont announced that wells in North
Bennington -- just east of Hoosick Falls -- had also tested
positive for the chemical.
Across the nation, concern over contamination has risen in places
like Seattle, where the city recently sued the agribusiness giant
Monsanto over chemical pollution in the Duwamish River, and in
Minnesota, where a state report found that up to 60 percent of
groundwater samples from wells in the central part of the state
had unsafe levels of nitrates. Polls show that nearly half of
Americans are concerned about their water supply.
And if Flint is the national standard-bearer for water woes,
Hoosick Falls seems to be a local surrogate: Officials in
Bethlehem, N.Y., a suburb of Albany, tried to tamp down fears
about high levels of trihalomethanes, a common byproduct of
chlorination in their water. "Current events in other
communities, such as Hoosick Falls and Flint, Mich.," a statement
read, "are very different."
Faced with the worst environmental crisis of Mr. Cuomo's five-
year-old administration, the Department of Health and the
Department of Environmental Conservation have been constant
presences in Hoosick Falls in recent weeks, testing villagers'
blood and private wells for PFOA. The state has pledged $10
million to install new filtration systems for the village -- using
recently unlocked state Superfund money -- and on Feb. 26,
officials announced that a temporary filtration system had been
installed and that the village's water mains were being flushed.
"We've been very active in Hoosick Falls from Day 1," Mr. Cuomo, a
Democrat, said.
According to documents and accounts posted on the village's
website, state health officials were informed of possible
contamination as far back as August 2014, but did not raise an
alarm.
In January 2015 -- shortly after samples from a village well came
back showing levels of PFOA that exceeded a federal advisory --
the state health agency told village officials the tainted water
"does not constitute an immediate health hazard," referring to
state standards for contaminants.
Testing of wells near the plant in the summer and fall of 2015
showed more troubling signs, including a sample at 45 times the
recommended short-term exposure. Those tests helped prompt an
E.P.A. warning.
State officials still seemed cautious; in early December, the
Department of Health put out a fact sheet saying "health effects
are not expected to occur from normal use of the water," though it
recommended that residents limit their exposure to PFOA.
Finally, after a public warning from the E.P.A. in mid-December, a
state health department spokesman said residents should rely on
bottled water. In late January, Mr. Cuomo announced the state
Superfund designation and ordered the classification of PFOA as
hazardous.
In defending their response, state officials pointed out that in
2009, the E.P.A. issued a provisional health advisory on PFOA,
placing the safe level for drinking water at 400 parts per
trillion. Just after the governor's announcement of a state
Superfund in Hoosick Falls, the federal agency recommended a much
lower level: 100 parts per trillion, a move an E.P.A. spokeswoman,
Mary Mears, said it made "out of an abundance of caution." That
level could change again this spring, when the agency is expected
to issue its guidelines on long-term exposure.
As of now, the E.P.A. has said PFOA is known to cause
developmental and other adverse effects in laboratory animals, but
the agency has yet to determine if the chemical poses an
unreasonable risk to the public.
Some local residents, however, have made up their own minds. "It's
disgusting," said Kimberly Cooley, 46, who moved here in 2000.
"They knew about in 2014, and nobody told us about it."
Like many here, Ms. Cooley said she had long been suspicious about
the water, and the environment, in Hoosick Falls. Tales of
strange-smelling tap water and river rocks coated in orange goo
are traded around town, as are unsubstantiated suspicions about
illegal dumping and runoff from landfill sites.
Anecdotal accounts of serious, sometimes mysterious illnesses are
also common here. Ms. Cooley said that she had her thyroid removed
in 2011 after developing cancer, and that she was watching
anxiously as her 18-year-old son, Mitchell, has recently developed
a lump in his upper chest.
"He's afraid," she said.
Hoosick Falls's association with plastics stems in large part from
Dodge Industries, an Eisenhower-era company that produced a
variety of Teflon products -- fabric, foil, even yarn --in a plant
near the Hoosic River.
For decades, the plant was a seemingly benign neighbor, providing
good jobs in an area where factories closed more often than they
opened. Local residents recall using large pieces of Teflon as
sleds on snowy days, and playing on Little League fields just
beyond the plant.
Today, however, the soil at those fields is being tested, even as
a new filtration system is installed at the nearby water-treatment
plant.
Since discovery of the contamination, Saint-Gobain has been paying
for bottled water for the town -- stacked high in the aisles of a
local supermarket -- as well as a new carbon-filtration system for
the village, at an estimated cost of more than $3 million.
Dina Silver Pokedoff, a spokeswoman for Saint-Gobain, said the
company was cooperating "with federal, state and local authorities
to review all studies, analyze all options and focus on the most
important goal: to ensure the people of Hoosick Falls have a safe
and healthy place to call home."
The village's mayor, David Borge, said he was satisfied with the
state's response to the crisis and defended his actions since
learning of the contamination.
"Nobody turned a blind eye, nobody was slow to the draw," said Mr.
Borge, a retired New York State employee who has lived in Hoosick
Falls for 31 years. "Once this was brought to our attention, we
started researching, we talked to the Health Department, we said,
'What do we do?' "
"We are not going to become synonymous with disaster," he added.
Some in the village may dispute that assessment. The man credited
with bringing the PFOA issue to light in Hoosick Falls, Michael
Hickey, did so after his father died of kidney cancer in 2013.
Shortly after that, Mr. Hickey said, he began to investigate PFOA.
In his research, he found a report from a panel of scientists that
investigated the chemical's impact in Ohio and West Virginia and
identified a probable link with kidney cancer.
Later, Mr. Hickey tested water from his sink and his mother's
house and sent them to a private lab in Canada for analysis.
"I was hoping to be able to dismiss it," said Mr. Hickey, 37, who
lives in Hoosick Falls and works as an insurance underwriter in
Albany. But both samples came back at levels higher than the
E.P.A.'s safe level.
"I thought, 'We need to notify people,'" he said. "'This is
really bad.'"
SCHWAB INVESTMENT: 8-Year-Old Investors' Suit Tossed
----------------------------------------------------
Philip A. Janquart, writing for Courthouse News Service, reported
that a federal judge in San Francisco ended an eight-year long
battle over whether Charles Schwab should be held liable for
delineating from an approved investment plan that cost investors
millions, finding federal law trumped all 14 claims.
Northstar Financial Advisors, Inc. filed a putative class action
against Schwab in 2008, alleging the company broke away from
financial objectives tied to the Schwab Total Bond Market Fund by
investing too heavily in risky mortgage-backed securities that
accounted for more than 25 percent of the fund's assets.
The original plan involved tracking the Lehman Brothers U.S.
Aggregate Bond Index, and the deviation from that objective
allegedly cost shareholders tens of millions of dollars when the
housing bubble burst -- an affect triggered in part by relaxed
industry standards that led to bad loans made to homeowners who
couldn't afford them.
The fund suffered a total negative return of 4.80 percent as a
result, according to Northstar, which notes the Lehman Index
enjoyed a positive 7.85 percent return for the same class period
between September 2007 and February 2009.
Northstar filed five amended complaints.
U.S. District Judge Lucy Koh ultimately found that
Northstar's 14 causes of action were preempted by the Securities
Litigation Uniform Standard Act (SLUSA).
Northstar filed a motion for reconsideration on Oct. 15, 2015,
citing some changes in language within its complaint that it said
changed the preemption assertion.
Schwab subsequently filed a motion for judgment on the pleadings.
Koh said that omitting some key words and phrases was not enough
to dodge preemption.
"The gravamen of Northstar's allegations, from the original
complaint to the fifth amended complaint, have remained the same:
that defendants misrepresented or omitted a material fact in their
management of the fund," she wrote in a 29-page order. "As this
court properly determined such allegations are subject to SLUSA
preclusion."
She added: "The advisor and trustees may be held liable for aiding
and abetting only if Northstar can bring a viable breach of
fiduciary duty claim. Here, because Northstar's breach of
fiduciary duty claims are precluded by SLUSA, Northstar's aiding
and abetting breach of fiduciary duty claims must also fail."
Koh also denied Northstar's motion for leave to amend.
"Over five successive complaints, Northstar's fiduciary duty
claims have hinged upon and continue to hinge upon the same
misrepresentation or omission of material fact," she wrote. "'When
a district court has already granted a plaintiff leave to amend,
its discretion in deciding subsequent motions to amend is
particularly broad.' Here, in light of the circumstances recited
above, the court finds that providing Northstar additional leave
to amend would be futile. Northstar's motion for class
certification is denied as moot. The clerk shall close the file."
The case captioned, NORTHSTAR FINANCIAL ADVISORS INC., Plaintiff,
v. SCHWAB INVESTMENTS, et al., Defendants., Case No. 08-CV-04119-
LHK (N.D. Cal.).
SEMPRA ENERGY: Faces "Kanter" Derivative Class Suit
---------------------------------------------------
Courthouse News Service reported that mishandling of the massive
methane gas leak in the San Fernando Valley will cost the company
and its shareholders billions of dollars, a derivative class
action claims, echoing a suit in San Diego.
The derivative class action is filed in Los Angeles Superior Court
Central District. The case is, Rhoda Kanter v. Sempra Energy;
Southern California Gas Go.; Debra Reed; Steven Davis.
SHARFF WITTMER: "Semiglia" Suit Alleges Unpaid Overtime Wages
-------------------------------------------------------------
Michelle Semiglia, and all others similarly situated, Plaintiff,
v. Sharff, Wittmer, Kurtz, Jackson, & Diaz, P.A., a Florida
Professional Association, Defendant, Case No. 1:16-cv-20617-JAL,
(S.D. Fla., February 20, 2016), pursuant to the Fair Labor
Standards Act of 1938, 29 U.S.C. Sections 201 - 219, seeks to
recover unpaid overtime wages and brings two counts for unlawful
retaliation for being terminated because she complained about the
Defendant's illegal practices.
The case is assigned to Judge Joan A. Lenard.
Plaintiff demands trial by jury.
Defendant, Sharff, Wittmer, Kurtz, Jackson, & Diaz, P.A., is a
Florida professional association with offices in Coral Gables,
Florida, where Plaintiff was employed by Defendant.
The Plaintiff is represented by:
Robert S. Norell, Esq.
ROBERT S. NORELL, P.A.
300 N.W 70th Avenue, Suite 305
Plantation, FL 33317
Tel: (954) 617-6017
Fax: (954) 617-6018
Email: rob@floridawagelaw.com
- and -
Keith M. Stern, Esq.
LAW OFFICE OF KEITH M. STERN, P.A.
2300 Glades Road, Suite 360W
Boca Raton, FL 33431
Tel: (561) 299-3703
Fax: (561) 288-9031
Email: employlaw@keithstern.com
SHORE MEDICAL: Faces Cass Action Over Blood Exposure Incident
-------------------------------------------------------------
Nicholas Huba, writing for The Press of Atlantic City, reports
that Shore Medical Center was negligent in the administration of
treatment that may have exposed more than 200 patients to HIV and
hepatitis B and C, according to a lawsuit filed on Feb. 26.
GMS Law Attorneys, based in Atlantic City, alleges Shore, "through
its agents, servants and/or employees," including former hospital
pharmacist Frederick McLeish, violated the Pure Food and Drug Act
when treating patients from June 1, 2013, to Sept. 17, 2014. The
federal act regulates the quality food and drugs in the country.
The eight-page "putative class action" was filed in Atlantic
County Superior Court's Law Division on behalf of an unnamed
patient and the patient's spouse.
Earlier in February, Shore sent letters to 213 patients, warning
that they may have been exposed to the blood-borne diseases via an
unsafe injection process that may have caused them to come into
contact with an employee's blood.
There could be more than 213 parties to the lawsuit, the filing
states. If the court agrees with the plaintiffs, it will certify
the class, turning the lawsuit into a class action, said
Mark Pfeffer, attorney for the plaintiff.
Shore has offered to cover the cost of testing for patients who
choose to do so at the medical center. Patients can also seek
private testing.
"The safety of our patients and staff is our first priority," said
Brian Cahill, spokesman for Shore Medical Center. "While we do
not comment on pending litigation, it is important to note that
all Shore Medical Center staff is mandated to follow strict
protocols and adhere to hospital policies when treating patients.
We learned through a self-initiated internal investigation that
one employee violated our strict protocol, putting at risk a
subset of our patients who visited our facilities between June 1,
2013 and Sept. 17, 2014. We notified all patients that may have
been affected."
Mr. McLeish, 53, of Egg Harbor Township, was charged in January
with morphine theft from the Somers Point hospital, which
suspended him in September 2014 and later fired him. Prior to
that, he had a history of license suspensions and drug abuse,
state Board of Pharmacy documents show.
The suit claims the incident caused the plaintiff to sustain
severe and permanent bodily injury, pain, suffering and emotional
distress.
The plaintiffs seek unspecified damages, including compensatory
damages, punitive damages, interest, attorneys' fees, the cost of
the suit and anything else the court deems just.
The state Department of Health and federal Centers for Disease
Control and Prevention are investigating the incident.
SLATER & GORDON: ACA Lawyers Secure Class Suit Litigation Funders
-----------------------------------------------------------------
Jonathan Shapiro and Sarah Danckert, writing for The Sydney
Morning Herald, report that Slater & Gordon has two months to the
secure the support of National Australia Bank and Westpac Banking
Corp.
The Melbourne-based company posted a $958 million first-half
losss, which is three times the combined profits since it became
the first law firm in the world to float on a stock market in
2007.
The loss was in part the result of an $876 million write-down on
the value of its goodwill including an $812 million impairment on
the value of the company's British assets.
The write-down related to its $1.3 billion acquisition of
businesses from Quindell which was funded by a $890 million equity
raising and a loan facility.
The firm must present an operating plan and restructuring proposal
to its lenders in March. The banks have set an April 30 deadline
to secure changes to the terms of its existing loans. If no
agreement is reached, the banks can demand a full debt repayment
by March 31, 2017.
Managing director Andrew Grech whose offer to resign was rejected
by the board as the company faces crisis talks with its banks said
"the impairment speaks for itself" when asked what could have been
done differently in relation to the acquisition.
"The transaction is disappointing. I want to emphasize its
important for us to focus on the future and make the best of the
situation."
Slater & Gordon is now "almost certain" to face a class action led
by its long-standing rival Maurice Blackburn with thousands of
aggrieved shareholders already signed up to the planned action.
Maurice Blackburn's national head of class actions Andrew Watson
said the "sheer size and scale of this write-down casts enormous
doubt on the adequacy of disclosures made by Slater and Gordon".
Separately, ACA Lawyers, said it had secured two litigation
funders for its class action against Slater & Gordon.
"The directors have a lot of explaining to do. It was only in
November shareholders and the market were being told the company
was in good shape," ACA principal Bruce Clarke said.
Slater & Gordon's shares have plunged by almost 90 per cent in
value over a year on concerns about the wisdom of its UK
acquisition and doubts about its book-keeping process.
ASIC review
The write-downs come after a near eight-month-long review into the
company's book-keeping by the Australian Securities and Investment
Commission which the regulator revealed it had completed on Feb.
29.
ASIC will pursue no further action against Slater & Gordon over
its accounting issues. It is also understood the regulator is not
planning to take action against Slater & Gordon over its
disclosure record or any other breaches of the Corporations Act.
The regulator, however, is believed to have left open the door to
resuming its investigation into the firm if new information comes
to light.
Legal sources were surprised by ASIC's decision to close its
investigation into the company's disclosure record which saw
Slater & Gordon walk away from its profit guidance in December --
18 days after reaffirming it for the second time in a month.
In confirming it had dropped the investigation into the company's
book-keeping, the regulator said: "ASIC's inquiries mainly
concerned the recoverable amount of goodwill attributable to the
company's Australian and UK businesses, the recognition of fee
revenue and related WIP, provisioning against debtors and
disbursement assets, and the basis for classifying WIP and
disbursement assets as current assets," it said.
Slater & Gordon chairman John Skippen offered his apology to
shareholders for the financial loss they experienced. He said the
underperformance of the UK business was of "serious concern to the
board and had been a major contributor to the company's tough
decision" to write off $876 million. But he said the due-
diligence conducted on the acquisition was thorough and involved
70 lawyers examining 8000 files over 10 weeks.
The limits and risks of the due-diligence were also disclosed he
said including the potential for regulatory change.
SOUTHERN CALIFORNIA GAS: Ordered to Pay Displaced Residents
-----------------------------------------------------------
The Associated Press reports that a judge has ordered a gas
company to continue paying to house Los Angeles residents
displaced by the largest known methane leak in U.S. history.
A spokesman for a Los Angeles county supervisor said a Superior
Court judge issued an order on Feb. 25 that requires the Southern
California Gas Co. to pay for short-term housing until March 18.
The gas company had agreed under a court settlement to pay until
Feb. 25 for residents staying in hotels and with family and
friends.
Lawyers for the county argued that although the leaking well has
been capped, more time is needed to test that the air is safe in
the San Fernando Valley.
The 16-week leak sickened residents and uprooted 6,400 families.
Some who have returned home have complained of ongoing symptoms.
Scientists say a gas leak that forced thousands of people from
their Los Angeles homes was the largest reported release of
climate-changing methane in U.S. history.
A study published on Feb. 25 in the journal Science says the
Southern California Gas Co. leak spewed more than 100,000 tons of
methane over 16 weeks.
Methane is a potent greenhouse gas that contributes to global
warming.
Stephen Conley, an atmospheric scientist at University of
California, Davis, says that equals the weight of two aircraft
carriers and is equivalent to the greenhouse gas emissions from
572,000 cars in a year.
Mr. Conley measured the release by flying a small plane through
the invisible plume on 13 flights over the San Fernando Valley
since November.
Mr. Conley says he couldn't believe how high the methane readings
were when he first flew through the plume. He says he thought
there was a problem with his instruments.
SPARK NETWORKS: "Hoffman" Suit Moved to New Jersey District Ct.
---------------------------------------------------------------
The class action lawsuit titled Hoffman v. Spark Networks USA,
LLC, Case No. BER-L-010569-15, was removed from the Superior Court
of New Jersey, Bergen County-Law Di, to the U.S. District Court
for the District of New Jersey (Newark). The District Court Clerk
assigned Case No. 2:16-cv-00342-MCA-MAH to the proceeding.
The Complaint alleges that Spark is liable to Plaintiff for
violations of the New Jersey Consumer Fraud Act. The Plaintiff
alleges that through receipt of unsolicited commercial e-mail
messages sent by or on behalf of SPARK, recipients are unable to
effectively "opt out" or unsubscribe from receiving commercial e-
mail messages in the future.
Spark Networks USA is an Internet Based Services company based in
Los Angeles, California.
The Plaintiff is represented by:
Harold M. Hoffman, Esq.
240 Grand Avenue
Englewood, NJ 07631
Telephone: (201)569-0086
E-mail: HOFFMAN.ESQ@VERIZON.NET
The Defendant is represented by:
David B. Gordon, Esq.
MITCHELL SILBERBERG & KNUPP LLP
12 East 49th Street, 30th Floor
New York, NY 10017
Telephone: (917) 546 7701
SPECTRUM OF CREATIONS: "Salazar" Suit Alleges FLSA Violation
------------------------------------------------------------
Rodrigo Salazar, Darwin Pinos, and all others similarly-situated
v. Spectrum of Creations, Inc. dba Food Trends, David Moskowicz,
and Alison Moskowicz, Case No. 1:16-cv-00653 (S.D.N.Y., January
28, 2016), seeks to recover unpaid minimum wages, unpaid overtime,
tips illegally retained by Defendants, liquidated damages and
attorneys' fees and costs pursuant to the Fair Labor Standards
Act, the New York Labor Law and the New York State Wage Theft
Prevention Act.
The Defendants operate a catering business under the trade name
"Food Trends."
The Plaintiffs are represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, 2nd Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
STATE ENERGY INC: "Patton" Suit Seeks Overtime Pay
--------------------------------------------------
Erik Patton, Plaintiff, v. State Energy, Inc., Mark Worrell and
Robin Worrell, Defendants, Case 9:16-cv-80146-RLR (S.D. Fla.,
January 27, 2016), seeks unpaid wages, liquidated damages,
attorney's fees and costs under the Fair Labor Standards Act, 29
U.S.C. Sec. 216(b) et seq.
Plaintiff worked for Defendants as an air-condition technician and
claims to have been denied overtime wages.
State Energy Inc. is a construction company based in 3690 NW 16th
St, Lauderhill, Florida, owned by Mark and Robin Worrel.
The Plaintiff is represented by:
Todd W. Shulby, Esq.
TODD W. SHULBY, P.A.
2800 Weston Road, Suite 101
Weston, FL 33331
Tel: (954) 530-2236
Fax: (954) 530-6628
E-mail: tshulby@shulbylaw
STEWART PETROLEUM: "Mathis" Suit Seeks to Recover Overtime Pay
--------------------------------------------------------------
James Mathis, individually and on behalf of all others similarly
situated, Plaintiff, v. Stewart Petroleum Corporation, Defendant,
Case 5:16-cv-00094 (W.D. Tex., San Antonio Division, January 27,
2016), seeks damages for all unpaid overtime compensation and
liquidated damages pursuant to the Fair Labor Standards Act, 29
U.S.C. Sec. 201, et seq., reasonable attorney's fees and all costs
as well as other and further relief.
Defendant is a company actively engaged in all phases of oil and
gas exploration, production, and producing property acquisitions.
Mathis worked for Defendant as pump and field supervisor at oil
well sites to assist in pumping and fracking oil wells. He claims
to have rendered in excess of 40 hours per work week without
overtime compensation.
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 S. Shackleford Road, Suite 411
Little Rock, AK 72211
Tel: (501) 221-0088
Fax: (888) 787-2040
Email: josh@sanfordlawfirm.com
SYNGENTA AG: "Logsdon" Suit Consolidated in MDL 2591 Kansas
--------------------------------------------------------------
The class action lawsuit titled Logsdon et al. v. Syngenta AG et
al., Case No. 4:15-cv-00156, was transferred from the U.S.
District Court for the Western District of Kentucky, to the U.S.
District Court for the District of Kansas (Kansas City). The
Kansas District Court Clerk assigned Case No. 2:16-cv-02017-JWL-
JPO to the proceeding.
The Logsdon suit is being consolidated with MDL 2591 in re:
Syngenta AG MIR162 Corn Litigation. The MDL was created by Order
of the United States Judicial Panel on Multidistrict Litigation on
December 14, 2014. All actions involve common factual questions
regarding Syngenta's decision to commercialize the MIR162
genetically modified corn trait in the absence of Chinese approval
to import corn with that trait. In its December 14, 2014 Order,
the MDL Panel found that the actions in this litigation involve
common questions of fact, and that centralization in the District
of Kansas will serve the convenience of the parties and witnesses
and promote the just and efficient conduct of the litigation.
Presiding Judge in the MDL is Hon. John W. Lungstrum, United
States District Judge. The lead case is 2:14-md-02591-JWL-JPO.
Syngenta produces crop protection products and seeds. The company
produces herbicides, insecticides, and fungicides, and seeds for
field crops, vegetables, and flowers. The company is based in
Basil, Switzerland.
The Plaintiffs are represented by:
Jessica R. Surber, Esq.
Kurt W. Maier, Esq.
Lauren E. Marley, Esq.
ENGLISH, LUCAS, PRIEST & OWSLEY LLP
1101 College Street
PO Box 770
Bowling Green, KY 42102-0770
Telephone: (270) 781 6500
Facsimile: (270) 782 7782
The Defendants are represented by:
John L. Tate, Esq.
STITES & HARBISON, PLLC - LOUISVILLE
400 W. Market Street, Suite 1800
Louisville, KY 40202
Telephone: (502) 587 3400
Facsimile: (502) 587 6391
E-mail: jtate@stites.com
TCPI INT'L: "Bai" Suit Transferred From S.D.N.Y. to N.D. Ohio
--------------------------------------------------------------
The class action lawsuit titled Bai v. TCP International (TCPI)
Holdings Ltd. et al., Case No. 1:15-cv-08889, was transferred from
the U.S. District Court for the Southern District of New York, to
the U.S. District Court for the Northern District of Ohio
(Cleveland). The District Court Clerk assigned Case No. 1:16-cv-
00102-DCN to the proceeding.
According to the complaint, the suit arose as a result of
Defendants' wrongful acts and omissions, and the precipitous
decline in the market value of the Company's securities in
violation of the Exchange Act.
TCPI, together with its subsidiaries, designs, develops,
manufactures, and markets lamps, fixtures, and Internet-based
lighting control solutions to the retail, commercial, and
industrial customers worldwide. The Company offers various light
emitting diode and compact fluorescent lamps and fixtures, as well
as linear fluorescent lighting products and halogen lighting
systems. The Company sells its products through retail outlets,
including home centers and mass merchants; club, grocery, drug,
and hardware stores under private label; and electrical
distributors, catalog houses, and specialty lighting distributors.
The Plaintiff is represented by:
Richard S. Wayne, Esq.
Thomas P. Glass, Esq.
STRAUSS & TROY
150 East Fourth Street, Ste. 400
Cincinnati, OH 45202
Telephone: (513) 621 2120
Facsimile: (513) 629 9426
E-mail: rswayne@strausstroy.com
tpglass@strausstroy.com
- and -
Jeremy A. Lieberman, Esq.
POMERANTZ - NEW YORK
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661 1100
The Defendants are represented by:
Charles F. Smith Jr., Esq.
Gail L. Ellis, Esq.
Marcella L. Lape, Esq.
Giyoung Song, Esq.
SKADDEN ARPS SLATE MEAGHER & FLOM-CHICAGO
155 North Wacker Drive, Ste. 2700
Chicago, IL 60606
Telephone: (312) 407-0516
Facsimile: (312) 407 8523
E-mail: Charles.Smith@skadden.com
gail.ellis@skadden.com
marcella.lape@skadden.com
- and -
Daniel R. Warren, Esq.
BAKER & HOSTETLER-CLEVELAND
2000 Key Tower
127 Public Square
Cleveland, OH 44114
Telephone: (216) 861 7145
Facsimile: (216) 696 0740
E-mail: dwarren@bakerlaw.com
- and -
Katherine C. Ferguson, Esq.
Catherine A. Jopling, Esq.
KOOPERMAN GILLESPIE MENTEL
100 South Fourth Street, Ste. 100
Columbus, OH 43215
Telephone: (614) 344 4840
Facsimile: (614) 344 4801
E-mail: kferguson@kgmlaw.com
cjopling@kgmlaw.com
- and -
Lesley Frank Portnoy, Esq.
GLANCY PRONGAY & MURRAY - LOS ANGELES
1925 Century Park, E, Ste. 2100
Los Angeles, CA 90067
Telephone: (310) 201 9150
Facsimile: (310) 201 9160
E-mail: lportnoy@glancylaw.com
TETRAPHASE PHARMA: Faces Suit Over Exchange Act Violations
----------------------------------------------------------
Joseph Harrington, and all others similarly-situated v. Tetraphase
Pharmaceuticals Inc., Guy Macdonald, John Craig Thompson, and
David Lubner, Case No. 1:16-cv-10133 (D. Mass., January 28, 2016),
is brought against the Defendants for violations of the Securities
Exchange Act of 1934.
This is a securities class action on behalf of all persons who
purchased Tetraphase common stock between March 5, 2015 and
September 8, 2015, inclusive.
Tetraphase is a clinical stage biopharmaceutical company with a
focus on creating antibiotics for drug-resistant bacteria.
Tetraphase is a corporation organized and existing under the laws
of the State of Delaware. Its common stock trades on the NasdaqGS
("NASDAQ") under the symbol, "TTPH."
The Individual Defendants are officers of Tetraphase.
The Plaintiff is represented by:
Shannon L. Hopkins, Esq.
LEVI & KORSINSKY LLP
733 Summer Street, Suite 304
Stamford, CT 06901
Tel: (203) 992-4523
Fax: (212) 363-7171
E-mail: shopkins@zlk.com
THIRD AVENUE: Faces "Tran" Securities Class Action in Cal.
----------------------------------------------------------
Loi Tran, Plaintiff, v. Third Avenue Management LLC, Third Avenue
Trust, M.J. Whitman LP, Martin J. Whitman, David M. Barse, Jack W.
Aber, William E. Chapman II, Lucinda Franks, Edward J. Kaier,
Marvin Moser, Eric Rakowski, Martin Shubik, Walden Vincent J.
Dugan, W. James Hall III, Michael Buono, Thomas Lapointe,
Nathaniel Kirk Edwin Tai and Joseph Zalewski, Defendants, Case
2:16-cv-00602-MWF-SS (C.D. Cal., Western Division, January 27,
2016), seeks compensatory and rescissionary damages, enjoinment,
pre-judgment and post-judgment interest, equitable, injunctive or
other relief in violation of the Securities Act.
Plaintiff alleges that its investment advisor, underwriter,
trustees, officers and other Defendants violated the Securities
Act of 1933 by registering, offering, and selling shares of the
fund pursuant to false and misleading registration statements and
prospectuses.
Tran purchased shares of Third Avenue Focused Credit Fund at
artificially inflated prices and lost substantially upon
corrective disclosures, notes the complaint.
Third Avenue Trust is an open-end management investment company
that consists of different investment series, organized under the
laws of Delaware pursuant to a Trust Instrument dated October 31,
1996 where Third Avenue Management LLC is its fund manager and
investment adviser. Both are headquartered at 622 Third Avenue,
New York, New York 10017.
The Plaintiff is represented by:
Alan W. Sparer, Esq.
Marc Haber, Esq.
SPARER LAW GROUP
100 Pine Street, 33rd Floor
San Francisco, CA 94111-5128
Tel: (415) 217-7300
Fax: (415) 217-7307
Email: asparer@sparerlaw.com
mhaber@sparerlaw.com
TOWER SEMICONDUCTOR: "Hilinsky" Sues over Share Price Drop
--------------------------------------------------------------
David Hilinsky, Individually and on Behalf of All Others Similarly
Situated, Plaintiff, v. Tower Semiconductor Ltd., Russell C.
Ellwanger, and Oren Shirazi, Defendants, Case 2:16-cv-00580 (C.D.
Cal., January 27, 2016), seeks damages, prejudgment and post-
judgment interest and reasonable attorneys' fees, expert fees and
other costs and other and further relief under the Securities
Exchange Act of 1934.
Tower Semiconductor is a company incorporated under the laws of
Israel and headquartered in Migdal Haemek, Israel. It acquired a
Japanese firm which ceased operations as a result of company
restructuring. The acquisition itself was marred by asset
overvaluation.
Plaintiff purchased Tower Semiconductor common stock at
artificially inflated prices and lost substantially when the news
broke out.
Russell C. Ellwanger served as the Chief Executive Officer and
Director while Oren Shirazi served as Chief Financial Officer and
Senior Vice President of Finance.
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
468 North Camden Drive
Beverly Hills, CA 90210
Tel: (818) 532-6499
E-mail: jpafiti@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
Tel: (212) 661-1100
Fax: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
mgorrie@pomlaw.com
TROPICAL EXCHANGE: "Brennalt" Seeks Damages for FLSA Violation
--------------------------------------------------------------
Jenna Brennalt, Rebecca Thacker, Brendon Bickmore and Hannah
Dunlap, individually and on behalf of all others similarly
situated, Plaintiffs, v. Tropical Exchange Corp., a Florida
corporation, dba Tropical Recycling, and Brian Katz, individually,
Defendants, Case No. 9:16-cv-80236-KAM, (S.D. Fla., February 18,
2016), asks the Court to enter judgment against the Defendants for
damages, actual and liquidated, and award Plaintiffs reasonable
attorneys' fees and costs and grant any further relief that the
Court deems just and proper including declaratory relief finding
and declaring violations of the FLSA preventing any further
violations of the FLSA.
The case is assigned to Judge Kenneth A. Marra.
Plaintiff, on behalf of himself and on behalf of all other
similarly situated individuals demand a trial by jury on all
issues and claims so triable.
The Plaintiffs are represented by:
Christopher C. Copeland, Esq.
CHRISTOPHER C. COPELAND, P.A.
824 W. Indiantown Road
Jupiter, FL 33458
Tel: (561) 691-9048
Fax: (866) 259-0719
TRUMP UNIVERSITY: Trump Points to Judge's Ethnicity in Class Suit
-----------------------------------------------------------------
Jill Colvin and Jeff Horwitz, writing for The Associated Press,
report that Republican presidential front-runner Donald Trump is
trying to deflect attention from a class-action civil lawsuit
involving the former Trump University by pointing to the ethnic
background of the judge in the case.
Asked on "Fox News Sunday" what U.S. District Judge Gonzalo
Curiel's ethnicity has to do with the lawsuit against him, Trump
replied:
"I think it has to do perhaps with the fact that I'm very, very
strong on the border, very, very strong at the border, and he has
been extremely hostile to me," Mr. Trump said.
According to the California class-action complaint in front of
Judge Curiel, a one-year apprenticeship that Trump University
students were promised ended after students paid for a three-day
seminar. Attendees who were promised a personal photo with
Mr. Trump received only the chance to take a photo with a
cardboard cutout. And many instructors were bankrupt real estate
investors.
Trump University emerged as a campaign issue at the Feb. 25 GOP
debate, raised by Florida Sen. Marco Rubio.
"There are people who borrowed $36,000 to go to Trump University,
and they're suing now -- $36,000 to go to a university that's a
fake school," Mr. Rubio said. "And you know what they got? They
got to take a picture with a cardboard cutout of Donald Trump."
Texas Sen. Ted Cruz jumped in, adding: "It's a fraud case. . . . I
want you to think about, if this man is the nominee, having the
Republican nominee on the stand in court, being cross-examined
about whether he committed fraud."
At a rally in Arkansas on Feb. 27, Mr. Trump took a break from his
standard campaign speech to downplay the lawsuit pending against
the business, which was founded by Trump and offered students
instruction on real estate investments.
"It's a small deal, very small," Mr. Trump said of the suit, which
could force him to take the stand this summer.
Mr. Trump specifically railed against the judge in the case, and
at one point noted the judge's Hispanic ethnicity.
Mr. Trump claimed the case should have been thrown out years ago,
"but because it was me and because there's a hostility toward me
by the judge -- tremendous hostility -- beyond belief." He then
noted, as an aside: "I believe he happens to be Spanish, which is
fine. He's Hispanic -- which is fine."
A message left for Judge Curiel, was not immediately returned.
Curiel is a judge in the Southern District of California and based
in San Diego.
New York Attorney General Eric Schneiderman, whose office has
filed a separate civil $40 million complaint against Trump
University in state court, accused Trump of "racial demagoguery."
Mr. Schneiderman sued Trump University in 2013 alleging it
committed fraud and fleeced 5,000 people out of millions of
dollars.
"I will not engage in a debate about ongoing litigation,"
Mr. Schneiderman said in a statement issued after Trump made his
comments. "But there is no place in this process for racial
demagoguery directed at respected members of the judiciary."
Mr. Schneiderman noted that New York's state Supreme Court ruled
that Trump University operated illegally in New York as an
unlicensed educational institution.
Mr. Schneiderman's suit alleges that Trump University falsely
promoted itself as an educational institution even after the state
education department warned it to stop. The complaint accuses
Trump of falsely promising that Trump University students would
receive intense training from experts hand-picked by Trump
himself.
During breaks in the seminars, Mr. Schneiderman's complaint
alleges, participants were urged to call their credit card
companies and ask to increase their credit limits. Once the
credit lines were secured, Trump University staff tried to
persuade students to pay for additional services.
Mr. Trump, at the rally, dismissed the cases as the work of "a
sleazebag law firm" and suggested that Mr. Schneiderman's
intervention was politically motivated.
"I could've settled this suit numerous times. Could settle it
now. But I don't like settling suits," Mr. Trump said.
TRUMP UNIVERSITY: Trump Files Countersuit Against Former Students
-----------------------------------------------------------------
Grant Stern, writing for PINAC Be the Media, reports that
Donald Trump loves to brag about the number of people he has sued
over the years, but he doesn't say much about his losing legal
battle with disgruntled former students of Trump University.
The former students sued for refunds under California's consumer
protection laws, but Trump retaliated by filing a Strategic
Lawsuit Against Public Participation (SLAPP) claim, a countersuit
"intended to censor, intimidate, and silence critics by burdening
them with the cost of a legal defense until they abandon their
criticism or opposition."
But he still ended up losing on appeal and remand.
However, the republican presidential candidate had managed to keep
that defeat from becoming a campaign issue until one of his
opponents, Marco Rubio, brought it up in a debate.
"There are people who borrowed $36,000 to go to Trump University,
and they're suing now," Mr. Rubio said. "And you know what they
got? They got to take a picture with a cardboard cutout of Donald
Trump."
Trump's namesake university operated without licensing, and
collapsed under a mountain of state investigations, class action
lawsuits and "cease & desist" orders in his home state of New York
amongst many complaints.
Tara Marakieff filed a 34-page class action lawsuit in 2010 at
California's southern district federal court, accusing Trump
University of numerous violations under her state's consumer
protection laws.
But before Ms. Marakieff filed her complaints, she first wrote to
the Better Business Bureau and to her bank about the high
pressure, low delivery tactics employed by Mr. Trump's
"instructors" to extract cash from "students", often by coaching
them to increase their credit card limits during session breaks.
She continued to speak out to the the Fair Trade Commission, and
other consumer review websites with statements like this:
"I am contacting the Better Business Bureau (BBB), the Federal
Trade Commission (FTC), Bureau of Consumer Protection and the FDIC
as well as posting the facts of my highly negative experience on a
wide variety of Internet sites to ensure that this organization at
some point is stopped from defrauding others with its predatory
behavior. I am also contacting the media to give them a statement
of facts so that they can expose this scam and am willing to go to
whatever lengths necessary to obtain my money back including
taking legal action at the state and federal levels for this crime
that has been committed to [sic] thousands of students nationwide
who have been preyed on and victimized as I know I am one of
many."
Mr. Trump's lawyers pounced on her warnings to other potential
victims, and claimed defamation.
The lower court ruling tossed Ms. Marakieff's anti-SLAPP motion to
strike, ruling inexplicably that Trump University LLC wasn't a
public figure at all under the standard set in New York Times Co.
vs. Sullivan, which makes it virtually impossible for a public
figure to win a defamation or libel lawsuit by establishing the
standard of "actual malice" as the plaintiff's burden of proof.
An appeals court properly ruled that Trump University was in fact
a "limited public figure" based on the high profile advertising
employed to reel students in for pitch sessions ie. the free
advice from a billionaire.
Trump U even held copyrights on the Trump 101 series of books with
names like Trump 101: The Way to Success and Wealth Building 101:
Your First 90 Days on the Path to Prosperity.
It only took four years, butMs. Marakieff prevailed in her anti-
SLAPP claim.
The court awarded her attorney's fees too, which must've been
pretty extensive that long a fight.
Sadly, Ms. Marakieff could've avoided a nearly decade long legal
and financial nightmare had she read the LA Times' 2007 report on
Trump University.
That report revealed Mr. Trump's instructor wasn't a multi-
millionaire as advertised, but rather a previously bankrupt,
multiply divorced, non-millionaire who'd lost his own home to
foreclosure and had no experience in California realty to boot.
Naturally, Mr. Trump himself called that reporter and his editors
to slam him as "3rd rate" which became a follow up column, and to
demand that his own letter be published clarifying that he was
"the hottest name in real estate" and not just known for hosting
NBC's "The Apprentice" and how much he loved the photo of the
story.
Trump University LLC started in 2004 with a $6 million dollar
investment by the real estate mogul, whose sales material
proclaimed that, "Trump University is owned, lock, stock and
barrel by Mr. Trump -- it's his 'baby,' his company, designed to
help him accomplish his goal of leaving a legacy."
The New York State Education Department wrote the billionaire
"educator" almost immediately after Trump University was founded
in 2005, warning that using the name "university" without a
license was illegal, as Trump University did not confer degrees or
have any certifications or license to operate.
Trump University LLC responded by creating a mail-drop office in
Dover, Delaware and kept operating out of the Trump Offices at 40
Wall Street for five more years.
Mr. Trump's offices were even central to the pitch, telling
prospective 'students' that, "other people don't have anyone to
call, but you've got Trump. You'll call 40 Wall Street and they'll
walk you through it."
For $1495, a student could buy access to Trump University's
"fulfillment" seminar, which was supposedly a one year
apprenticeship which would teach Mr. Trump's "business strategies"
and everything they needed to know to get rich quick.
Instead, the 3 day seminars mainly consisted of Mr. Trump's
instructors who were paid on a commission basis badgering
unsuspecting 'students' to divulge their financial information,
raise their credit limits or empty their 401ks in anticipation of
becoming a real estate tycoon, promising that "you'll learn how to
finance your deals using other people's money."
The Trump University Elite mentoring package cost $35,000, but
provided little more than opportunity for more sales pitches.
The beginning of the end came in June 2010 when the New York State
Education Department nailed Trump U. with a cease and desist
order, demanding that "all current students should be refunded."
Instead of stopping, Trump's 'baby' was renamed the "Trump
Enterprise Institute" but scaled back its activities rapidly as 11
states investigated the scam.
Meanwhile, former Trump University students haven't gotten back
much if at all, and many are still to this day suing in court to
try and reclaim their "tuition" which bought little more than time
with mr. Trump's predatory salesmen masquerading as hand picked
instructors and offering courses created by companies that produce
materials for an "array of motivational speakers and seminar and
time-share rental companies" -- scam factories for shysters,
grifters, and con artists..
In 2013 New York Attorney General Eric T. Schneiderman sued Trump
University, calling the operation a "scam".
Not long afterwards, California resident Art Cohen filed another
class action lawsuit in federal court, seeking damages under the
Racketeering Influenced and Corrupt Organizations Act aka RICO,
which was enacted first to fight the Mafia, but expanded to fight
other forms of organized crime and criminal enterprises.
The suit is still ongoing and names Donald J. Trump personally as
defendant, with updates being posted to Zeldes, Haeggquist & Eck
as court appointed counsel for the classes.
Mr. Trump recently announced his intention to seek a change in
defamation laws to make it easier to sue news agencies, presumably
because so many journals write stories about the billionaire's bad
behavior.
Despite Mr. Trump's demagoguery, business bankruptcies and now
this latest high profile disaster as a real estate educator, his
message still resonates with supporters like David Duke and New
Jersey Governor Chris Christie, both of whom endorsed him.
One thing is clear, Donald J. Trump is all for free speech when
he's selling dreams, but against the First Amendment when people
write truthful reviews about his companies.
TWEEN BRANDS: April 4 Deadline Set for Justice Stores Claims
------------------------------------------------------------
Eddie Krassenstein, writing for IR.net reports that for shoppers
of Justice Stores, operated by Tween Brands, Inc., they may have a
bit of money coming their way, especially if they shopped at the
store between 2012 and February of 2015. Because of a class
action lawsuit filed against Tween Brands Inc., and Ascena Retail
Group which resulted in a settlement of $50.8 million, shoppers
everywhere are entitled receiving cash or vouchers if they shopped
at the store.
The Justice Class Action Lawsuit entitles those who received a
special access code in the mail with the option of filing a claim
without the need of any receipt proving their purchase. Others
who did not receive the Justice class action access code can also
file a claim with copies of their receipts. Claimants in some
states will be entitled to receive cash in the amount of up to $20
or a voucher in the amount of $30. Claimants in other states will
be entitled to a cash payment in the amount of 14% of a total
purchase ora voucher in the amount of 20% of a total purchase from
Justice stores.
For those shoppers wondering how long they have to make a claim,
that answer is about another month. The Justice Class Action
Settlement will allow for submission of claims up until April 4,
2016, via the claim website, JusticeClassAction.com.
UHS OF DELAWARE: "DeJoya" Suit Moved from Super. Ct. to C.D. Cal.
--------------------------------------------------------------
The class action lawsuit titled Sheila DeJoya v. UHS of Delaware,
Inc. et al., Case No. RIC1514602, was removed from the Superior
Court of California County of Riverside, to the U.S. District
Court for the Central District of California (Eastern Division -
Riverside). The District Court Clerk assigned Case No.
5:16-cv-00079-JAK-DTB to the proceeding.
UHS of Delaware provides healthcare services. The Company offers
medical, behavioral health, and surgical hospital services. UHS of
Delaware operates in the United States and is based in King of
Prussia, Pennsylvania.
The Plaintiff is represented by:
Janelle C Carney, Esq.
Joseph Antonelli, Esq.
LAW OFFICE OF JOSEPH ANTONELLI
14758 Pipeline Avenue Suite E 2nd Floor
Chino Hills, CA 91709-6025
Telephone: (909) 393 0223
Facsimile: (909) 393 0471
E-mail: jcarney@antonellilaw.com
jantonelli@antonellilaw.com
- and -
Sahag Majarian II, Esq.
LAW OFFICES OF SAHAG MAJARIAN II
18250 Ventura Boulevard
Tarzana, CA 91356
Telephone: (818) 609 0807
Facsimile: (818) 609 0892
E-mail: sahagii@aol.com
The Defendant is represented by:
Christina H Hayes, Esq.
Stacey E James, Esq.
Khatereh Sage Fahimi, Esq.
LITTLER MENDELSON PC
501 West Broadway Suite 900
San Diego, CA 92101-3577
Telephone: (619) 232 0441
Facsimile: (619) 232 4302
E-mail: chayes@littler.com
sjames@littler.com
sfahimi@littler.com
UNITED DEVELOPMENT: Glancy Prongay Files Amended Complaint
----------------------------------------------------------
Glancy Prongay & Murray LLP on Feb. 12 disclosed that it has filed
an amended complaint in the class action lawsuit currently pending
in the United States District Court for the Northern District of
Texas on behalf of persons or entities ("the Class") who purchased
or otherwise acquired United Development Funding IV ("UDF IV" or
the "Company") securities between June 4, 2014 and February 4,
2016, inclusive (the "Class Period). If you are a member of the
Class described above, you may move the Court no later than
February 19, 2016 to serve as lead plaintiff.
The lawsuit alleges that throughout the Class Period, Defendants
made false and/or misleading statements, as well as failed to
disclose material adverse facts about the Company's business,
operations, and prospects. Specifically, Defendants made false
and/or misleading statements and/or failed to disclose: (1) that
subsequent UDF companies provide significant liquidity to earlier
vintage UDF companies, allowing them to pay earlier investors; (2)
that if the funding mechanism funneling retail capital to the
latest UDF company were halted, the earlier UDF companies would
not be capable of standing alone, and the entire structure would
likely crumble with investors left holding the bag; (3) that UDF
IV provided liquidity to UDF I, UMT and UDF III, among other
affiliates, further exacerbating the problem and perpetuating the
scheme; (4) that, as such, Defendants were operating a Ponzi-like
real estate investing scheme; (5) that the Company was being
investigated by the SEC; and (6) that, as a result of the
foregoing, Defendants' statements about UDF IV's business,
operations, and prospects, were false and misleading and/or lacked
a reasonable basis.
On December 10, 2015, a report was published alleging that the
Company was operating a "Ponzi-like real estate scheme," whereby
successive UDF entities would raise capital to bail out prior
vintages. On this news, the Company's shares fell $6.05, or more
than 35%, to close at $11.15 on December 10, 2015.
On the same day, after the market closed, the Company issued a
press release disclosing that UDF III and UDF IV "have been
cooperating since April 2014 with a nonpublic fact-finding
investigation being conducted by the Staff of the Securities and
Exchange Commission." On this news, the Company' shares plummeted
another $2.60, or 23.3%, to close at $8.55 per share on December
11, 2015, thereby injuring investors.
On February 5, 2016, Hayman Capital Management L.P. published a
report online that reiterated earlier allegations that UDF IV is
operating a Ponzi scheme, and accused the Company of operating "an
investment fraud that involves the payment of purported returns to
existing investors from funds contributed by new investors."
On this news, shares of UDF IV fell $3.12 per share, or more than
30%, to close at $7.08 on February 5, 2016, on unusually heavy
trading volume.
To be a member of the Class you need not take any action at this
time; you may retain counsel of your choice or take no action and
remain an absent member of the Class. If you wish to learn more
about this action, or if you have any questions concerning this
announcement or your rights or interests with respect to these
matters, please contact Lesley Portnoy, Esquire, of Glancy Prongay
& Murray LLP, 1925 Century Park East, Suite 2100, Los Angeles,
California 90067, at (310) 201-9150, by e-mail to
shareholders@glancylaw.com or visit our website at
http://www.glancylaw.com
UNITED SERVICES: Goodson Claims Little Involvement in Class Suit
----------------------------------------------------------------
Arkansas Business reports that Texarkana class-action attorney
John Goodson said he had "very little involvement" in the case of
Mark and Katherine Adams v. United Services Automobile
Association.
The handling of that case, as you know, is the subject of possible
sanctions against Mr. Goodson and 16 other attorneys who
represented either the plaintiffs or defendants in that case.
Mr. Goodson's law partner, Matt Keil, said in an affidavit filed
in December in connection with the case that their firm, Keil &
Goodson P.A., "has participated as Class Counsel in this matter.
Along with my co-counsel, we worked tirelessly as a team on this
case, collectively investing significant hours over the span of
the last two years."
Attorney Stephen Engstrom of Little Rock, who was listed as a
plaintiffs' attorney in Adams federal case, said at the hearing in
front of Holmes on Feb. 18 that he also had very little do with
the Adams case. He told Judge Holmes he was not involved in the
settlement negotiations.
Whispers tried to ask Mr. Engstrom who did the heavy-lifting, but
he said he would take his own lawyer's advice and decline comment.
UNITED SERVICES: Judge Holmes Quizzes Lawyers on Thatcher Ruling
----------------------------------------------------------------
Mark Friedman, writing for Arkansas Business, reports that when 17
attorneys submitted briefs explaining why they moved a class-
action case out of Chief U.S. District Judge P.K. Holmes III's
court and into Polk County Circuit Court, something was curiously
missing. No one cited the 2011 ruling from the 8th U.S. Circuit
Court of Appeals in the case of Allen Thatcher v. Hanover
Insurance Group.
When Judge Holmes called the lawyers to a two-hour hearing in Fort
Smith on Feb. 18, he asked which of them knew the Thatcher ruling.
Some of them were intimately familiar with it since, as Holmes
noted from the bench, they were attorneys of record in the case.
Thatcher filed a class-action lawsuit against Hanover in Miller
County Circuit Court for unjust enrichment, fraud and breach of
contract. Hanover, as is the defendant's right, transferred the
case to federal court. Thatcher then asked to dismiss the case
from federal court in order to refile an amended complaint in
state court. The district court judge granted the dismissal.
Hanover appealed the ruling, "arguing that the district court
should have considered whether the motion to voluntarily dismiss
was an improper forum-shopping measure," according to the 8th
Circuit ruling. The appeals court agreed and sent the case back to
the federal district court.
"In addressing whether a district court should allow voluntary
dismissal, we have repeatedly stated that it is inappropriate for
a plaintiff to use voluntary dismissal as an avenue for seeking a
more favorable forum," 8th Circuit Judge Bobby Shepherd said in
the order.
Thatcher's attorneys included John Goodson and Matt Keil of Keil &
Goodson of Texarkana, and Jason Roselius of Oklahoma. Hanover's
attorneys included Lyn Pruitt of the Mitchell Williams firm in
Little Rock, and Wystan Ackerman and Stephen Goldman both of
Robinson Cole of Hartford, Connecticut. Those six lawyers are
among the 17 facing possible sanctions from Judge Holmes for
moving Mark and Katherine Adams v. United Services Automobile
Association from Judge Holmes' court to Polk County Circuit Court.
The other attorneys said they were not aware of the Thatcher
ruling.
The Adams case was pending in Judge Holmes' court for 17 months
before it was dismissed and refiled in circuit court with a
proposed settlement attached. Holmes didn't know the case had been
refiled in state court until he read about it in Arkansas
Business.
He then issued a show-cause order and told the attorneys to
explain why he shouldn't sanction them for abusing the federal
court system.
Unlike Thatcher, the plaintiffs and defendants agreed to dismiss
and refile the Adams case, but Holmes may not consider that to be
an important distinction.
At the hearing, Judge Holmes asked why Thatcher was conspicuously
absent from their explanations. Attorney David Matthews of
Rogers, who represents the USAA attorneys, told Judge Holmes that
Thatcher wasn't discussed because "we didn't think it was on
point."
Attorney John Elrod of Fayetteville, who represented most of the
plaintiffs' attorney in the Adams case, said he didn't receive the
Thatcher ruling until the day before the hearing.
Both Messrs. Elrod and Matthews argued that what the attorneys did
was proper and that they shouldn't be sanctioned.
UNITED STATES: Petition for Writ of Certiorari Filed in "Haggart"
-----------------------------------------------------------------
A petition for a writ of certiorari was filed on February 23,
2016, in the case, Daniel Haggart, et ux., individually and on
behalf of all others similarly situated, Petitioners v. Gordon
Arthur Woodley, et al., Petitioner, v. United States, Respondent,
Case No. 15-1072, (U.S.). Response is due March 25.
As reported by the Class Action Reporter on Jan. 29, 2016, Judge
Evan J. Wallach of the Court of Appeals, Federal Circuit, reversed
the order by the United States Court of Federal Claims approving a
settlement agreement and remanded for further proceedings in the
case captioned, DANIEL HAGGART, KATHY HAGGART, FOR THEMSELVES AND
AS REPRESENTATIVES OF A CLASS OF SIMILARLY SITUATED PERSONS,
Plaintiffs-Appellees, v. GORDON ARTHUR WOODLEY, DENISE LYNN
WOODLEY, Plaintiffs-Appellants, v. UNITED STATES, Defendant-
Appellee, No. 2014-5106 (Fed. Cir.).
In February 2009, Daniel and Kathy Haggart filed a complaint
alleging that they and other landowners held interests in the
railroad corridor and the National Trails Systems Act Amendments
of 1983, 16 U.S.C. Sec. 1247(d) effected an uncompensated taking,
in violation of the Fifth Amendment's Takings Clause, when King
County acquired an interest in the land. Before the class was
certified, 64 class members signed contingent fee agreements with
class counsel, providing for a 35% fee of the "common fund." The
Haggarts sought to define the common fund to include land values,
interest, and statutory fees under section 304(c) of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (URA).
The parties commenced settlement negotiations for the 253 class
members and reached a settlement agreement in the amount of
$110,000,000 and $2,580,000 as statutory attorney fees. The Claims
Court granted class counsel's motion for approval of the attorney
fees and division of the common fund. However, the court rejected
class counsel's request that the statutory fee under the URA
should be included in the common fund for purposes of calculating
the contingent fee.
On appeal, Appellants Gordon and Denise Woodley challenge the
decision of the Federal Claims Court approving the settlement
agreement and awarding attorney fees to class counsel. They
assert that the Claims Court erred in approving the settlement
agreement and awarding class counsel attorney fees under the
common fund doctrine.
In the Decision dated January 8, 2016 available at
http://is.gd/zvhtbgfrom Leagle.com, Judge Wallach found that the
Claims Court erred in approving a settlement agreement where class
counsel withheld critical information not provided in the mailed
notice to class members, but which had been produced and was
readily available. Thus, the court abused its discretion by
failing to consider the accessibility or availability of
information necessary for the Woodleys and other class members to
make an informed decision about the settlement agreement. The
Court held that the fact that a common fund has been created is
not sufficient to establish a finding that the common fund
doctrine must be applied when awarding attorney fees, an assertion
implicit in the Haggarts' argument.
The Plaintiffs are represented by:
Carter G. Phillips, Esq.
SIDLEY AUSTIN LLP
1501 K Street, N.W.
Washington, DC 20005
Tel: (202) 736-8270
Email: cphillips@sidley.com
The Defendant is represented by:
Donald B. Verrilli Jr., Esq.
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001
Tel: (202) 514-2217
Email: SupremeCtBriefs@USDOJ.gov
US FOODS: "Cuellar-Ramirez" Labor Suit Moved to N.D. California
---------------------------------------------------------------
The class action lawsuit titled Cuellar-Ramirez v. US Foods, Inc.,
Case No. RG15770766, was removed from the Superior Court of
California, County of Alameda, to the U.S. District Court for the
Northern District of California (San Francisco). The District
Court Clerk assigned Case No. 3:16-cv-00085-RS to the proceeding.
US Foods, Inc. distributes food products. The Company offers fresh
meats, appetizers, prepared meals, and frozen foods. US Foods
serves educational institutions, restaurants, healthcare,
hospitality, and government sectors. The Company is doing business
as U.S. Foodservice, Inc., and is based in Rosemont, Illinois.
Plaintiff is represented by:
William David Turley, Esq.
David Thomas Mara, Esq.
THE TURLEY LAW FIRM, APLC
7428 Trade Street
San Diego, CA 92121
Telephone: (619) 234 2833
Facsimile (619) 234 4048
E-mail: bturley@turleylawfirm.com
dmara@turleylawfirm.com
- and -
The Defendant is represented by:
Emilie Consuelo Woodhead, Esq.
Joan B. Tucker Fife, Esq.
WINSTON & STRAWN LLP
333 S Grand Avenue, 38th Floor
Los Angeles, CA 90071
Telephone: (213) 615 1700
Facsimile: (213) 615 1750
E-mail: ewoodhead@winston.com
jfife@winston.com
VIZIO INC: "Dassa" Suit Alleges Illegal Data Gathering
------------------------------------------------------
Steven Dassa and Benjamin Hinerfeld, on behalf of themselves and
all others similarly situated, Plaintiffs, v. Vizio Holdings,
Inc., Vizio, Inc., Vizio Inscape Services, LLC, Vizio Inscape
Technologies, LLC, Cognitive Media Networks, Inc. and Does 1-50,
inclusive, Defendants, Case No. 9:16-cv-80130-DMM (S.D. Fla.,
January 25, 2016), seeks enjoinment, compensatory, exemplary,
punitive and statutory penalties and damages, including pre-
judgment and post-judgment interest, reasonable attorneys' fees
and such other relief in violation of the Video Privacy Protection
Act, 18 U.S.C. Sec. 2710, Florida Deceptive and Unfair Trade
Practices Act and the Pennsylvania Uniform Trade Practices and
Consumer Protection Law, 73 P.S. Sec. 201-1 et seq.
Plaintiffs purchased Vizio Smart TVs and allege that it has been
collecting and selling viewing data without consent.
Vizio, Inc. is a corporation duly organized and existing under the
laws of the State of California with its headquarters and
principal place of business located at 39 Tesla, Irvine,
California 92618.
Vizio Holdings, Inc., Vizio Inscape Services, LLC, Vizio Inscape
Technologies, LLC and Cognitive Media Networks, Inc. are Delaware
corporations with principal place of business located at 39 Tesla,
Irvine, California.
The Plaintiff is represented by:
Jayne A. Goldstein, Esq.
1792 Bell Tower Lane
Weston, FL 33326
Tel: (561) 270-0795
Fax: (954) 315-3454
Email: jagoldstein@pomlaw.com
VOLKSWAGEN GROUP: Report on Diesel Car Solution Due March 24
------------------------------------------------------------
Michael Biesecker and Tom Krisher, writing for The Associated
Press, report that a federal judge overseeing hundreds of class-
action lawsuits against Volkswagen says he wants a firm answer
within a month about how the German automaker plans to bring
nearly 600,000 diesel cars into compliance with clean air laws.
U.S. District Court Judge Charles R. Breyer told Volkswagen's
lawyers at a hearing in California on Feb. 25 that he expects them
to report back by March 24. By then, the judge wants to know from
the company about available technical solutions to fix the cars
and the status of negotiations on a potential settlement with
affected owners.
Volkswagen admitted to U.S. regulators in September it had used
illegal software installed in its so-called "Clean Diesel"
engines. The cheating allowed cars to pass laboratory emissions
tests while spewing levels of harmful nitrogen oxide at up to 40
times the level allowed when operating on real roads.
Judge Breyer said six months is enough time for VW to find a fix.
The judge also stressed that every day the vehicles remain on the
road excess pollution is going into the atmosphere, and Volkswagen
owners are stuck with cars they can't sell.
"It's an ongoing harm that has to be addressed," Judge Breyer
said. "I've found the process is a function of how much time
people have available to fill. The story about lawyers is that
that if you give them a year to do something, it will take them a
year to do something. If you give them 30 days to do something,
they'll do something in 30 days."
Volkswagen is currently in settlement negotiations with the
phalanx of lawyers representing the owners of the defective cars,
as well as the Environmental Protection Agency and the California
Air Resources Board. Both state and federal regulators will have
to sign off on any planned recall. There is also an ongoing
criminal probe into the company's actions.
Judge Breyer suggested VW shouldn't necessarily wait for all those
issues to be settled to take some sort of action, even if it isn't
in the best interest of shareholders.
The judge also told government lawyers that regulators need to
respond to the car maker's proposals quickly. "I don't want to
hear where we've given this to the government and we don't have a
response from the government," Judge Breyer said.
Volkswagen spokeswoman Jeannine Ginivan said on Feb. 25 the
company is working to find solutions "as quickly as possible," but
didn't give a timetable.
VW dealers, who have been unable to sell diesel cars since
September, were heartened that the court was moving things along.
"Volkswagen needs direction," said Steve Kalafer, chairman of a
dealership in Flemington, New Jersey. "If you look at what has
taken place so far, given their own direction, there will be no
path to closure."
WADDELL INC: Goodland Foods Suit Moved from Cty. Ct. to E.D. Mo.
----------------------------------------------------------------
The class action lawsuit titled Goodland Foods, Inc. v. Waddell,
Inc. et al., Case No. 15SL-CC04057, was removed from the St. Louis
County Court, to the U.S. District Court for the Eastern District
of Missouri (St. Louis). The District Court Clerk assigned Case
No. 4:16-cv-00031-JMB to the proceeding.
Waddell, Inc. provides Commercial Construction Management services
in the Washington, DC & Baltimore, MD Metropolitan corridor. The
Company's line of business includes Pre-construction planning &
General Contractor expertise for full service experience from
concept to occupancy.
The Plaintiff is represented by:
Max G. Margulis, Esq.
MARGULIS LAW GROUP
28 Old Belle Monte Rd.
Chesterfield, MO 63017
Telephone: (636) 536 7022
Facsimile: (636) 536 6652
E-mail: maxmargulis@margulislaw.com
The Defendant is represented by:
James C. Ochs, Esq.
OCHS AND KLEIN
149 N. Meramec, Second Floor
Clayton, MO 63105
Telephone: (314) 727 2111
Facsimile: (314) 727 2110
E-mail: jochs@ochsklein.com
XTREME DRILLING: "Pruneda" Suit Seeks Overtime Pay
--------------------------------------------------------------
Tomas Pruneda and Marcus Munoz, each individually and on behalf of
all others similarly situated, Plaintiffs v. Xtreme Drilling &
Coil Services, Inc. Defendant, Case 5:16-cv-00091 (W.D. Tex.,
January 27, 2016), seeks declaratory judgment, damages for all
unpaid overtime compensation, liquidated damages and an amount
equal to all unpaid overtime compensation owed, reasonable
attorney's fees and all costs pursuant to the Fair Labor Standards
Act, 29 US.C. Sec. 201, et seq.
Xtreme is a Texas company with its headquarters in Houston. It is
an onshore drilling and coiled tubing services contractor that
works with exploration production companies in the U.S., Canada
and international markets. Pruneda and Munoz worked for Xtreme as
Service Supervisors. They claim to have rendered in excess of 40
hour per work week without overtime compensation.
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 S. Shackleford Road, Suite 411
Little Rock, AK 72211
Tel: (501) 221-0088
Fax: (888) 787-2040
Email: josh@sanfordlawfirm.com
* Synthetic Turf, Crumb Rubber Risks May Spur Class Actions
-----------------------------------------------------------
David Wharton, writing for Los Angeles Times, reports that more
than 11,000 playgrounds and athletic fields across the country
employ pulverized tires -- sprinkled between the blades of
artificial grass -- to create a surface that feels soft and
natural. There are dozens of such fields at Los Angeles schools,
parks and colleges.
Synthetic turf manufacturers say more than 60 studies over the
past two decades have shown no elevated health risks associated
with their products, but not everyone is convinced.
Environmental health advocates worry about a complex brew of
chemicals, metals and suspected carcinogens that may be found in
crumb rubber. They characterize past research as incomplete.
With legislators asking for more information, the federal
government recently announced a multi-agency study and plans to
issue a draft report by year's end.
Athletes, parents, school administrators and parks officials
remain caught in the middle, wondering about artificial fields
that can be so beneficial because they use less water and are more
durable than grass.
Synthetic fields have been popular since the mid-1960s and the
debut of "AstroTurf" at the Houston Astrodome.
In those days, artificial turf wasn't much more than carpet laid
over concrete. Manufacturers introduced a gentler surface using
crumb rubber in the 1990s.
Athletes took fewer hard falls and, as a side benefit, millions of
tires were diverted from landfills.
"This is bio-friendly," said Al Garver, president of the Synthetic
Turf Council, a national trade association. "You don't need any
pesticides or herbicides."
But the list of potentially harmful elements that have been found
in tires includes benzene, mercury and arsenic, according to the
Environmental Protection Agency. Ingredients vary by manufacturer
and the recycling process blends different brands into the same
batch, so it is difficult to predict what will end up on a
specific field.
Some older types of synthetic turf have been found to contain
relatively high levels of lead. In 2009, the California Attorney
General's office sued three manufacturers for violating state law
by failing to provide "clear and reasonable warnings" about lead
content in turf fibers and crumb rubber.
The following year, the companies agreed to pay more than $650,000
in fines and reduce the lead in their products.
At the federal level, the EPA and U.S. Consumer Product Safety
Commission have examined crumb rubber and found no elevated health
risks. But in a statement in January, the EPA acknowledged
"existing studies do not comprehensively evaluate" all concerns.
U.S. Senators Richard Blumenthal (D-Conn.) and Bill Nelson (D-
Fla.) have pointed to a recent analysis by a Yale University
professor that found 96 chemicals, including probable carcinogens,
in tire rubber.
The new "Federal Research Action Plan," which pairs the EPA with
the CPSC and the Centers for Disease Control, will examine how
players on synthetic fields might be exposed through skin contact,
inhalation and accidental ingestion.
It was seven years ago that Amy Griffin, an associate soccer coach
at the University of Washington, heard about two players she knew
who were battling cancer. Both were goalkeepers.
"I really didn't think anything of it at first," Ms. Griffin
recalled. "Then I kept bumping into other goalkeepers who had
lymphoma."
The position involves frequent diving, which makes goalies more
likely to get crumb rubber on their skin and in their mouths. They
are also susceptible to inhaling vapors or gases emitted from
volitive organic compounds in crumb rubber.
Ms. Griffin began an informal list of athletes who had cancer,
about 90% of them soccer players, with lacrosse goalies and
football players included. As the total grew toward 200, she
spoke out in the media.
Though some people dismissed her unscientific tally, word spread
and she heard from more afflicted players across the country.
"I know it's 100% anecdotal," she said. "But if you were in my
shoes, listening to these stories, you would say this is too
coincidental."
Washington state health officials recently asked for her data so
it can be compared to the official cancer registry and, perhaps,
used to find correlations or patterns. Ms. Griffin welcomes a
methodical approach, though officials caution the study might not
be conclusive.
"An increased rate of a specific cancer among soccer players
wouldn't show us what caused the increase, only if one exists,"
the Washington health department said in a statement.
"Historically, even when increased rates for certain cancers have
been identified, a common cause or environmental contaminant has
rarely been shown."
If you had to pick two people at polar ends of this issue, they
would probably be Mr. Garver and Nancy Alderman.
Mr. Garver's trade association represents more than 200 turf
manufacturers, architects and builders. Ms. Alderman heads a
nonprofit health advocacy group in Connecticut. Both have become
major voices in the crumb rubber debate.
"It's absolutely fair to ask questions," Mr. Garver said. "As
long as people produce substantive, scientific answers."
The Synthetic Turf Council believes potentially harmful chemicals
in old tires are rendered inert through processes that extract
steel and fiber, then break the remaining rubber into bits. The
council says no link to cancer has been found by researchers at
the Connecticut Department of Public Health, the New York State
Department of Environmental Conservation and numerous
universities. It also cites studies conducted in France and
Norway.
"All the information is there if you look at it rationally,
logically, reasonably," Mr. Garver said.
Alderman views the current literature in a different way.
The Yale-educated woman and her small organization -- Environment
and Human Health, Inc. -- began focusing on crumb rubber a decade
ago when parents complained about synthetic fields in two
Connecticut communities.
"We had only a small amount of money," she recalled. "We took a
few samples and took them to a laboratory and found some bad
chemicals."
In addition to questioning the scope of past studies, Alderman
considers some unreliable because they were funded by the
industry. She mentions an oft-cited report produced by
CalRecycle, a state agency that promotes recycling.
"It is not a great system and it has not worked," she said.
Some agencies share her doubts. In 2008, the New York City parks
department stopped using crumb rubber in new fields. The Los
Angeles Unified School District followed suit the next year,
switching to non-recycled infills.
Athletic fields are only part of the concern -- Ms. Alderman and
others worry about crumb rubber in playgrounds for small children.
LAUSD removed crumb rubber from early education centers but left
pre-existing fields for older students intact, noting the Los
Angeles County Department of Public Health had placed no warnings
or restrictions on crumb rubber.
Alderman sees momentum growing toward what she hopes will be a
moratorium on all types of infill, including non-recycled
alternatives such as coconut husk and cork.
"Now there are lawyers hovering around this," she said.
"Eventually there will be class-action suits."
Such talk clearly frustrates Mr. Garver. The industry
representative said his members are confident future tests will
confirm their products are safe, though he isn't sure that will do
any good.
"It's never enough," he said. "There's no way to satisfy the
alarmists."
*********
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