/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/171114.mbx C L A S S A C T I O N R E P O R T E R Tuesday, November 14, 2017, Vol. 19, No. 225 Headlines ABLE LENDING: "Alves" Suit Seeks Damages Under TCPA ADVOCATE HEALTH: Faces "Rosas" Suit in Northern District of Ill. ALDI INC: Faces "Evans" Suit in Southern District New York AMAZULU TRANSPORT: "Dardiz" Suit Seeks to Recover Unpaid Overtime AMERICAN RESIDENTIAL: Faces "Laboy" Suit in M.D. of Florida ARS NATIONAL: Faces "Schwartz" Suit in E. Dist. New York ARSTRAT LLC: Faces "Simkhayev" Suit in Eastern District New York ASPERMONT SMALL: "Lafler" Suit Seeks to Recover Unpaid Overtime ATTENDING HOME: "Keriga" Suit Alleges FLSA and NYLL Violations BLEECKER SPAGHETTO: Faces "Gonzalez" Suit in S.D. New York BLUESTAR REFRESHMENT: "Maston" Suit Seeks Damages Under FCRA BUCCANEERS LIMITED: Plaintiffs Can Protest Against Settlement C&R PALLETS: "Lariosa" Suit Alleges FLSA Violations CARNIVAL CORP: Faces "Gomez" Suit in S. Dist. Fla. CLAIRE'S STORES: Faces "Gomez" Suit in S. Dist. Fla. CLEARSPRING LOAN: Faces "Boyle" Suit in Western District of WV COCA-COLA COMPANY: "Geffner" Suit Alleges False Advertising COMMUNITY CAR: Faces "Arecio" Suit in E.D. New York CONVERGENT OUTSOURCING: Faces "Robinson" Suit in District of NJ D & A SERVICES: Faces "Asaro" Suit in Eastern District of Texas DARP INC: Faces "Norrid" Suit in Eastern District of Oklahoma DEARDEN'S INC: "Ayala" Suit Alleges Labor Code Violations DELTAURA USA: "Mathews" Suit Alleges FLSA Violations DICKSON'S FARMSTAND: Faces "Dean" Suit in S. Dist. New York DISCOUNT KING: Faces "Francisco-Jose" Suit in E.D. New York DNC SERVICES: Faces "Sweigert" Suit in District of Columbia DR PEPPER: "Excevarria" Suit Alleges False Advertising EDGEWELL PERSONAL: Faces "Keskinen" Suit Over False Ads ELMWOOD HILLS: Serzanin Sues Over Unlawful Discharge EQUIFAX INC: "Jones" Suit Alleges FCRA Violations EQUIFAX INC: Faces "Calderon" Suit in N. Dist. Ga. EQUIFAX INC: Faces Gerber Federal Credit Suit in N.D. Georgia EQUIFAX INC: Faces "Janaye" Suit in Central District Cal. EQUIFAX INC: Nebraska Credit Union League Joins Class Action EXA CORPORATION: Rubin Files Securities Class Action in Mass. FEDEX GROUND: Faces "Anderson" Suit in Cent. Dist. Cal. FORAGER PROJECT: Faces "Berger" Suit in Eastern District New York FORD MOTOR: Faces Securities Class Action Over Fusion Probe FORD MOTOR: Bronstein Gewirtz Files Securities Class Suit FRONTIER COMM: Morrow Sues Over False, Misleading Reports GENERAL ELECTRIC: Glancy Prongay Files Securities Class Action GENERAL MOTORS: Davis Files Suit Over Defective Headlights GENERAL MOTORS: "Harris" Suit Alleges Breach of Warranty GENOCEA BIOSCIENCES: Scott+Scott Files Securities Class Action GLACIER COUNTY, MT: Taxpayers' Class Action Can't Proceed HOME DEPOT: Faces FCRA Class Action Over Background Checks ILLINOIS: Faces "Ross" Suit in N. Dist. Ill. JACKSON NATIONAL: Smithson Files Suit Over Excessive Charges JDSA I: "Andrews" Suit Seeks to Recover Unpaid Overtime Wages JEUNESSE LLC: "Wu" Files Suit Over Pyramiding Scheme JONESBORO HUMAN: "Camacho" Suit Alleges FLSA and AMWA Violations JTH TAX INC: Faces "Matrinez" Suit in E.D. New York KAISER FOUNDATION: Faces "Schmitt" Suit in W.D. Washington KANOA INC: Faces "Cruz" Suit in Eastern District of California LG CORP: Faces Class Action Over Defective Refrigerators LIFE HEALTH: Faces Building Solution Suit in S.D. of Fla. LULAROE CO: Faces Second Class Action Over "Pyramid Scheme" LVNV FUNDING: Faces "Godson" Suit in S. Dist. New York MARTINOS ITALIAN: "Garfias" Suit Alleges FLSA Violation MARUKAI CORP: "Henriquez" Suit Alleges Labor Code Violations MERCHANTS CREDIT: Faces "Reid" Suit in District of New Jersey MI COURIER: "Villani" Suit Alleges FLSA Violations MIRACLE-EAR INC: "Charvat" Suit Alleges TCPA Violations NEIMAN MARCUS GROUP: Faces "Lopez" Suit in S.D. New York NETWORK RECOVERY: Faces "Reizes" Suit in E. Dist. New York NEUSTAR INC: Teamsters Fund Files Suit Over Sale to Golden Gate NISSAN NORTH: Faces U Can Rent Suit in M.D. Alabama OKLAHOMA: Faces Class Action Over Drug Rehabilitation Program ORLANDO BATHING: Faces "Conner" Suit in E. Dist. New York OSTERKAMP TRANSPORTATION: "Sanchez" Suit Alleges Labor Violations PENN CREDIT: Faces "Regan" Suit in Eastern District New York PLAZA SERVICES: Faces "Aikins" Suit in N. Dist. Tex. POINT BLANK: Ohio State Troopers Files Suit Over Warranties PROFESSIONAL CLAIMS: "Faust" Suit Alleges FDCPA Violation PROMPT APPAREL: "Trigueros" Suit Alleges Labor Code Violations QUINTIS LTD: Anthony Murphy Joins JustKapital, Class Suit Pending RACHEL ON NINTH: Faces "Almazo" Suit in S. Dist. New York REGENCE BLUESHIELD: Faces "S" Suit in W.D. of Washington RIO TINTO: "Colbert" Suit Alleges Securities Exchange Act Breach RYDER SYSTEM: Faces "Gomez" Suit in Southern District of Florida SAFEWAY INC: "Womack" Sues for Illegal Charges Over Grocery Bag SAMSUNG ELECTRONICS: "Bradley" Suit Transferred to D. Okla. SAMSUNG ELECTRONICS: "Mikrut" Suit Transferred to D. Okla. SAMSUNG ELECTRONICS: "Pronstroller" Suit Transferred to D. Okla. SETERUS INC: Faces "Koepplinger" Suit in Middle District of NC SHELBY COUNTY, TN: Sued Over Justice System's Computer Problems SOUTH FLORIDA JAIL: "Jaime" Suit Seeks to Recover Unpaid Overtime STERICYCLE INC: Faces "Evans" Suit in C. Dist. Cal. SUTHERLAND GLOBAL: "Jackson" Suit Seeks to Recover Unpaid OT SWAROVSKI DIGITAL: Faces "Lopez" Suit S.D. New York SYNGENTA SEEDS: "Gauntt" Suit Alleges WCPA Violation TARGET CORP: Faces Class Action Over Makeup Product Remover TESLA INC: Faces Shareholder Suit Over Manufacturing Delays TOYOTA FINANCIAL: Faces "Boyle" Suit in District of New Jersey UNITED STATES: Veterans Sue Over Unsterilized Dental Equipment UNITED STATES: Faces Class Action Over Unlawful Disgorgements UNITED STATES: Faces Miami Workers Suit in S.D. of Fla. UNITED STATES: Faces "Kearney" Suit in the Ct. of Federal Claims UNITED STATES: Faces "Davey" Suit in Court of Federal Claims UNITED STATES: Jalbert Files Suit v. SSEC in Mass. Dist. Ct. UNITED STATES: Faces "Smith-Williams" Suit in W.D. Wisconsin VANESSA'S DUMPLING: Xiaoyan Liu Seeks Unpaid Wages and Damages WALGREEN CO: International Union Fund Suit Alleges Fraud WEST HAVEN MARKET: "Young" Suit Seeks Overtime Pay, Back Wages WESTJET AIRLINES: FA'S Harassment Class Action Back in Court WEWETZER LANDSCAPING: "Espinoza" Suit Alleges FLSA Violation WILLIAMS-SONOMA INC: Faces "Rushing" Suit in Dist. of Washington WINDOWS USA: Faces "Harrison" Suit in S.D. of Mississippi WINTRUST MORTGAGE: "Rubin" Case Removed to New Jersey Dist. Ct. * President Trump Kills CFPB's Class Action Rule Against Banks * Small Businesses Need Protection from Meritless Class Actions ********* ABLE LENDING: "Alves" Suit Seeks Damages Under TCPA --------------------------------------------------- Terri Alves, and all others similarly-situated v. Able Lending, Inc., and Does 1 through 10, Case No. 2:17-cv-07813 (C.D. Calif., October 25, 2017), seeks damages and any other available legal or equitable remedies under the Telephone Consumer Protection Act. Plaintiff Terri Alves is a resident of Shell Beach, California. Defendant Able Lending, Inc. is a business loan provider. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. Tom E. Wheeler, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Tel: (877) 206-4741 Fax: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com twheeler@toddflaw.com ADVOCATE HEALTH: Faces "Rosas" Suit in Northern District of Ill. ---------------------------------------------------------------- A class action lawsuit has been filed against Advocate Health Care. The case is styled as Irma Rosas and Maria M. Rosas, jointly and on behalf of a class of all persons similarly situated, Plaintiffs v. Michael J. Madigan, City of Chicago, a Municipal Corporation with a Welcoming City Ordinance, County of Cook, IL, Bruce V. Rauner Governor of Illinois, Lisa M. Madigan, Illinois Attorney General, Advocate Health Care, MacNeal Hospital, Access Community Health Network, Mexicare Pharmacy, East Aurora School District #131, Chicago Teachers' Union Local 1, Warren K. Paxton, Texas Attorney General and Donald J. Trump President of the United States of America, Defendants, Case No. 1:17-cv-07917 (N.D. Ill., November 2, 2017). Advocate Health Care, Inc. operates hospitals and outpatient centers in Illinois.[BN] The Plaintiffs appear PRO SE. The Defendants are represented by: AUSA - Chicago, United States Attorney's Office (NDIL-Chicago) 219 South Dearborn Street Chicago, IL 60604 Email: USAILN.ECFAUSA@usdoj.gov ALDI INC: Faces "Evans" Suit in Southern District New York ---------------------------------------------------------- A class action lawsuit has been filed against Aldi Inc. The case is styled as Amanda Evans, on behalf of herself and others similarly situated, Plaintiff v. Aldi Inc. (New York), Defendant, Case No. 1:17-cv-08428 (S.D. N.Y., November 1, 2017). Aldi is a global discount supermarket chain with almost 10,000 stores in 18 countries.[BN] The Plaintiff appears PRO SE. AMAZULU TRANSPORT: "Dardiz" Suit Seeks to Recover Unpaid Overtime ----------------------------------------------------------------- Alberto Dardiz, and all others similarly-situated v. Amazulu Transport, Inc., Case No. 6:17-cv-01794 (M.D. Fla., October 16, 2017), seeks to recover unpaid overtime compensation, minimum wages, liquidated damages and declaratory relief under the Fair Labor Standards Act. Plaintiff Alberto Dardiz, worked as a driver and was paid on an hourly basis for services performed to the Defendant. Defendant Amazulu assists national rental car companies in transporting rental vehicles to and from retail locations where the vehicles are needed. [BN] The Plaintiff is represented by: Matthew R. Gunter, Esq. Kimberly De Arcangelis, Esq. MORGAN & MORGAN, P.A. 20 N. Orange Ave., 14th Floor Orlando, FL 32801 Tel: (407) 420-1414 Fax: (407) 867-4791 E-mail: mgunter@forthepeople.com kimd@forthepeople.com AMERICAN RESIDENTIAL: Faces "Laboy" Suit in M.D. of Florida ------------------------------------------------------------ A class action lawsuit has been filed against American Residential Services L.L.C. The case is styled as Jose Laboy o/b/o himself and all similarly-situated individuals, Plaintiff v. American Residential Services L.L.C., Defendant, Case No. 8:17-cv- 02515-JSM-TBM (M.D. Fla., October 26, 2017). AMERICAN RESIDENTIAL SERVICES, LLC, doing business as ARS/Rescue Rooter, provides heating, air conditioning (AC), indoor air quality, plumbing, drain cleaning, and sewer line services to residential and light commercial customers in the United States. The Plaintiff is a non-exempt service technician employee.[BN] The Plaintiff is represented by: Brandon J. Hill, Esq. Wenzel Fenton Cabassa, PA 1110 N Florida Ave Ste 300 Tampa, FL 33602-3343 Tel: (813) 224-0431 Fax: (813) 229-8712 Email: bhill@wfclaw.com - and - Luis A. Cabassa, Esq. Wenzel Fenton Cabassa, PA 1110 N Florida Ave Ste 300 Tampa, FL 33602-3343 Tel: (813) 224-0431 Fax: (813) 229-8712 Email: lcabassa@wfclaw.com The Defendant is represented by: Andrew R. Lincoln, Esq. Jackson Lewis, PC 100 S Ashley DrSte 2200 Tampa, FL 33602-5311 Tel: (813) 512-3218 Fax: (813) 512-3211 Email: andrew.lincoln@jacksonlewis.com - and - Laura E. Prather, Esq. Jackson Lewis, PC 100 S Ashley DrSte 2200 Tampa, FL 33602-5311 Tel: (813) 512-3225 Fax: (813) 512-3211 Email: laura.prather@jacksonlewis.com ARS NATIONAL: Faces "Schwartz" Suit in E. Dist. New York -------------------------------------------------------- A class action lawsuit has been filed against ARS National Services, Inc. The case is styled as Menachem Schwartz, Jr., on behalf of himself and all other similarly situated consumers, Plaintiff v. ARS National Services, Inc., Defendant, Case No. 1:17-cv-06260 (E.D. N.Y., October 26, 2017). ARS is doing business in the accounts receivable management industry.[BN] The Plaintiff is represented by: Adam Jon Fishbein, Esq. Adam J. Fishbein, P.C. 735 Central Avenue Woodmere, NY 11598 Tel: (516) 668-6945 Email: fishbeinadamj@gmail.com ARSTRAT LLC: Faces "Simkhayev" Suit in Eastern District New York ---------------------------------------------------------------- A class action lawsuit has been filed against ARStrat, LLC. The case is styled as Elionora Simkhayev, on behalf of herself and all others similarly situated, Plaintiff v. ARStrat, LLC, Defendant, Case No. 1:17-cv-06381 (E.D. N.Y., November 1, 2017). Arstrat is a debt collection agency.[BN] The Plaintiff is represented by: Joseph H. Mizrahi, Esq. Joseph H. Mizrahi Law, P.C. 337 Avenue W, Suite 2f Brooklyn, NY 11223 Tel: (917) 299-6612 Fax: (347) 665-1545 Email: jmizrahilaw@gmail.com ASPERMONT SMALL: "Lafler" Suit Seeks to Recover Unpaid Overtime --------------------------------------------------------------- Chris Lafler, and all others similarly-situated v. Aspermont Small Business Development Center, Inc. dba Double Mountain Coach, Case No. 3:17-cv-02830 (N.D. Tex., October 16, 2017), seeks to recover overtime wages, liquidated damages, and attorneys' fees and costs pursuant to the Fair Labor Standards Act. Plaintiff Chris Lafler was employed by Defendant as driver from August 2012 until January 2017. Defendant Double Mountain provides transportation for residents of Stonewall, Kent, Fisher, Knox, Jones, Haskell and Throckmorton counties in the State of Texas. [BN] The Plaintiff is represented by: Clif Alexander, Esq. Austin W. Anderson, Esq. Lauren E. Braddy, Esq. Alan Clifton Gordon, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Tel: (361) 452-1279 Fax: (361) 452-1284 E-mail: clif@a2xlaw.com austin@a2xlaw.com lauren@a2xlaw.com cgordon@a2xlaw.com ATTENDING HOME: "Keriga" Suit Alleges FLSA and NYLL Violations -------------------------------------------------------------- Emmanuel Keriga, and all others similarly-situated v. Attending Home Care Services, LLC, Case No. 1:17-cv-06019 (E.D. N.Y., October 16, 2017), is brought against the Defendant for violations of the Fair Labor Standards Act and the New York Labor Law. Plaintiff Emmanuel Keriga is a resident of Bronx County, New York. Plaintiff is an employee of the Defendant from May 2014 to present. Defendant Attending Home Care Services, LLC, provides home care services to disabled individuals throughout metropolitan New York City and surrounding areas [BN] The Plaintiffs are represented by: David Harrison, Esq. HARRISON, HARRISON & ASSOCIATES 110 State Highway 35, Suite 10 Red Bank, NJ 07701 Tel: (718) 799-9111 Fax: (718) 799-9171 E-mail: nycotlaw@gmail.com BLEECKER SPAGHETTO: Faces "Gonzalez" Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Bleecker Spaghetto LLC. The case is styled as Efrain Gonzalez, on behalf of others similarly situated, Plaintiff v. Bleecker Spaghetto LLC. doing business as: Trattoria Spaghetto, Bleecker Trattoria Inc. doing business as: Trattoria Spaghetto, Trattoria Spaghetto Corp. doing business as: Trattoria Spaghetto, Donato Di Saverio also known as: Donato Visaviro, Rrustem Ibrahimaj, Rene Doe and Danny Roe, Defendants, Case No. 1:17-cv-08363 (S.D. N.Y., October 30, 2017). Bleecker Spaghetto LLC is an Italian Restaurant.[BN] The Plaintiffs appear PRO SE. BLUESTAR REFRESHMENT: "Maston" Suit Seeks Damages Under FCRA ------------------------------------------------------------ Christopher Maston, and all others similarly-situated v. Bluestar Refreshment Services, Case No. 3:17-cv-06000 (N.D. Calif., October 19, 2017), seeks statutory damages, punitive damages, wages, penalties, equitable relief, injunctive relief, and attorneys' fees and costs under the Fair Credit Reporting Act. Plaintiff Christopher Maston is a resident of California and worked for Defendant from April 2014 to August 2017 as a driver and hourly worker. Defendant Bluestar Refreshment Services is a vending machine supplier in Fremont, California. [BN] The Plaintiff is represented by: Eric B. Kingsley, Esq. Kelsey M. Szamet, Esq. Ari J. Stiller, Esq. KINGSLEY & KINGSLEY, APC 16112 Ventura Blvd., Suite 1200 Encino, CA 91436 Tel: (818) 990-8300 Fax: (818) 990-2903 E-mail: eric@kingsleykingsley.com kelsey@kingsleykingsley.com BUCCANEERS LIMITED: Plaintiffs Can Protest Against Settlement ------------------------------------------------------------- Alison Frankel, writing for Reuters, reports that the 11th U.S. Circuit Court of Appeals safeguarded class members from suspect "reverse auction" settlements in its decision in Technology Training Associates v. Buccaneers Limited Partnership, holding that plaintiffs in a previously-filed class action have a right to intervene to protest a $19.5 million junk fax settlement with the Tampa Bay football team. The appellate panel -- Chief Judge Ed Carnes and Judges Lanier Anderson and Beverly Martin -- rejected arguments that class members need not intervene because they can raise objections through the Rule 23 settlement approval process. That's not enough protection when plaintiffs have reason to believe class lawyers are not acting in their interests, the 11th Circuit said. "Under that logic class members could never intervene in a class action because they would always have recourse to Rule 23 procedural protections," Judge Carnes wrote, citing the U.S. Supreme Court's 2013 decision in Standard Fire v. Knowles. "Such a conclusion cannot be squared with the Supreme Court's recognition that 'members of a class have a right to intervene if their interests are not adequately represented by existing parties.'" Now for the juicy stuff. The 11th Circuit decision is important for its precedent assuring class members' right to intervene. But the ruling is interesting because of the underlying facts of the case, in which onetime confederates in the Telephone Consumer Protection Act plaintiffs' bar turned into rivals. TCPA class actions, as you probably know, have become a bane of the anti-litigation lobby, which contends the ever-expanding TCPA docket has turned into a trap for legitimate businesses, not a tool for combatting professional spam artists. The Buccaneers case will supply TCPA class action detractors with new grounds for outrage. Our story begins back in the early years of this millennium, when two plaintiffs' firms -- Anderson & Wanca and Bock & Hatch -- teamed up to prosecute class actions against companies that sent out unsolicited faxes. Under the TCPA, if businesses send faxes without express consent from recipients, they can be liable for statutory damages of $500 per fax, with trebling for willful or knowing violations. That's a lot of exposure for defendants. Enterprising class action firms like Anderson & Wanca and Bock & Hatch marketed their services to potential plaintiffs that receive lots of faxes. According to 2016 testimony from Bock & Hatch name partner Phillip Bock, the firms jointly filed hundreds of cases across the country. Then in 2011, 7th Circuit judge Richard Posner wrote a brutal opinion about the firms' supposed tactics. Naming only Bock & Hatch, Judge Posner accused class counsel of violating a promise of confidentiality to a "fax broadcaster" who supplied them with records of unsolicited faxes she'd blasted out for her clients. "Class counsel have demonstrated a lack of integrity that casts serious doubt on their trustworthiness as representatives of the class," Posner wrote. Judge Posner turned out to be wrong about the firms' conduct. As Ms. Frankel wrote back in 2014, when Bock & Hatch had an opportunity to tell its side of the story, it persuaded the trial judge in the case, on remand from the 7th Circuit, that class counsel not only hadn't done anything wrong but that they also deserved to be reappointed to represent class members. But according to Bock's testimony, the Posner decision led to a rift between his firm and Anderson & Wanca. After Judge Posner's criticism, he said, he had to spend a year "digging out of that hole all around the country." Meanwhile, according to Bock, Anderson & Wanca bailed on him. As Bock told the story in his 2016 testimony, he was plodding from courtroom to courtroom, defending Anderson & Wanca's honor along with his own -- and Anderson & Wanca repaid the favor by cutting Bock & Hatch out of new cases. One of those cases was Anderson & Wanca's junk fax class action in federal court in Tampa against the Buccaneers football team, which allegedly blasted out tens of thousands of unsolicited ticket advertisements in 2009 and 2010. In 2016, after years of litigation and a fruitless 8-month mediation, the Buccaneers moved for a settlement conference before U.S. Magistrate Judge Anthony Porcelli, who was overseeing the case. Anderson & Wanca refused. With the Buccaneers class action at an impasse, one of the Anderson & Wanca lawyers working on the case, David Oppenheim, moved over to Bock & Hatch in April 2016. (The firm subsequently changed its name to Bock Hatch Lewis & Oppenheim.) At around that time, Bock and other lawyers at the firm engaged in a fateful email chat. The 11th Circuit opinion includes the highlights. Mr. Oppenheim told Mr. Bock the Bucs case was stalled because Anderson & Wanca was holding out for a $75 million settlement. Mr. Bock responded that Oppenheim "could come forward with another class member and settle (the) case over the objections of (Anderson & Wanca)." After all, Mr. Bock said, Mr. Oppenheim's duty was to the class, not to any particular class member and "certainly not to some greedy asshole who is not a class member and is just sitting in an office in Rolling Meadows." (Mr. Bock was referring to Anderson & Wanca, which is based in Rolling Meadows, Illinois.) Mr. Bock said his firm would be "even more Machiavellian" if it hired Anderson & Wanca's local counsel in Tampa as counsel in a separate class action against the Buccaneers. He capped off the email chain with a note to several lawyers at the firm: "Hmm. (Anderson & Wanca) holding out for a record settlement. . . . We could find a plaintiff and approach the defendant about settling? Lol." That's precisely what Mr. Bock's firm did. Mr. Bock's 2016 testimony about how his firm came to file its TCPA class action exemplifies what drives defendants crazy about these cases. Mr. Bock's first hurdle was to find a plaintiff who'd received an allegedly unsolicited fax from the Bucs. From the docket in the Anderson & Wanca class action, the Bock firm downloaded an expert witness report that included a list of fax numbers that had received the Bucs' blast. Mr. Bock testified that he recognized a couple of numbers on the list: They belonged to businesses that had previously responded to Bock & Hatch marketing for potential TCPA plaintiffs. The Bock firm reached out to the potential clients. Technology Training Associates and Dr. Larry Schwanke said they wanted to be named plaintiffs. In short order, Mr. Bock's firm filed a state-court class action against the Bucs in Hillsborough County. By its own admission, the plaintiffs' firm then contacted Latham & Watkins, which represents the Bucs. Less than a month later, after two days of mediation, Bock and the Bucs agreed to settlement terms. The class action would be resolved for $19.5 million. Mr. Bock's firm, it was later disclosed, would ask for fees of $4.9 million, or 25 percent of the fund. Anderson & Wanca was enraged, as you can imagine. After some procedural developments, the Bock firm's class action ended up before Judge Porcelli, who was already presiding over the parallel Anderson & Wanca case. The Anderson firm told the judge that Bock's firm sold out the class in a reverse auction, allowing the Bucs to settle with the lowest bidder. In a separate case, one of Anderson & Wanca's clients sued Mr. Oppenheim for allegedly breaching his duty to the class. The judge in that case concluded that the Bock firm had taken care to wall Mr. Oppenheim off from its class action so there was no conflict. (Mr. Bock testified in 2016 that his main concern in excluding Oppenheim wasn't the new partner's ethical duty to his former clients but that Anderson & Wanca would "have a cow" if it found out Oppenheim was involved in a rival class action.) Judge Porcelli held an evidentiary hearing in October 2016. To its credit, the Bock firm disclosed what it called the "not necessarily flattering" email chain that ended up being quoted in the 11th Circuit decision. Judge Porcelli's preoccupation was Oppenheim's role in the new case. Bock repeatedly assured him that Oppenheim had been walled off. Despite Anderson & Wanca's protests, the judge granted preliminary approval to the $19.5 million settlement in March. In the same opinion, he denied Anderson & Wanca's motion to intervene, holding that the firm could instead object to final approval of the settlement. It could even ask for fees from the settlement fund, Judge Porcelli said. The 11th Circuit, in its recent decision, said the real question was whether the Bock firm had adequately represented the interests of class members. Based on the record of the case, the appeals court said, it seemed clear that, during settlement negotiations, Bock Hatch and the named plaintiffs were more closely aligned with the Bucs than with the rest of the class. "The record appears to show that the plaintiffs' counsel, Bock Hatch, deliberately underbid (Anderson & Wanca) in an effort to collect attorney's fees while doing a fraction of the work that the movants' counsel did," Judge Carnes wrote. "If, as it appears, Bock Hatch was indeed motivated by a desire to grab attorney's fees instead of a desire to secure the best settlement possible for the class, it violated its ethical duty to the class." After the 11th Circuit decision, Judge Porcelli stayed the Bock class action and said he would schedule a hearing that all of the lawyers must attend in person. Ms. Frankel emailed Phillip Bock for comment on the 11th Circuit decision and the emails it cited. He did not respond. Nor did Bucs' counsel Roman Martinez of Latham -- roman.martinez@lw.com Glenn Hara -- ghara@andersonwanca.com -- of Anderson & Wanca declined to comment. [GN] C&R PALLETS: "Lariosa" Suit Alleges FLSA Violations --------------------------------------------------- Yerid Benito Lariosa, and all others similarly-situated v. C&R Pallets Corp., Juana C. Escoto, and Rosa C. Hernandez, Case No. 1:17-cv-23799 (S.D. Fla., October 17, 2017), is brought against the Defendants for violations of the Fair Labor Standards Act. Plaintiff Yerid Benito Lariosa is a resident of Miami-Dade Florida and was employed by the Defendants. Headquartered in Oakland Park, Florida, Defendant C&R Pallets Corp. established in 2008, is engaged in a wide variety of pallet recycling program. Juana C. Escoto and Rosa C. Hernandez own and manage C&R Pallets. [BN] The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Tel: (305) 865-6766 Fax: (305) 865-7167 E-mail: zabogado@aol.com CARNIVAL CORP: Faces "Gomez" Suit in S. Dist. Fla. -------------------------------------------------- A class action lawsuit has been filed against Carnival Corporation. The case is styled as Andres Gomez, on his own and on behalf of all other individuals similarly situated, Plaintiff v. Carnival Corporation, a foreign corporation, Defendant, Case No. 1:17-cv-23954-UU (S.D. Fla., October 30, 2017). Carnival is a cruise line with 24 ships operating around the world with Fathom as its newest brand.[BN] The Plaintiff is represented by: Jessica Lynn Kerr, Esq. Jessica L.Kerr, P.A. dba The Advocacy Group 333 Las Olas Way, Suite CU3-311 Fort Lauderdale, FL 33301 Tel: (954) 282-1858 Fax: (844) 786-3694 Email: service@advocacypa.com CLAIRE'S STORES: Faces "Gomez" Suit in S. Dist. Fla. ---------------------------------------------------- A class action lawsuit has been filed against Claire's Stores, Inc. The case is styled as Andres Gomez, on his own and on behalf of all other individuals similarly situated, Plaintiff v. Claire's Stores, Inc., an Illinois corporation, Defendant, Case No. 1:17- cv-23953-JLK (S.D. Fla., October 30, 2017). The Plaintiff is represented by: Jessica Lynn Kerr, Esq. Jessica L.Kerr, P.A. dba The Advocacy Group 333 Las Olas Way, Suite CU3-311 Fort Lauderdale, FL 33301 Tel: (954) 282-1858 Fax: (844) 786-3694 Email: service@advocacypa.com CLEARSPRING LOAN: Faces "Boyle" Suit in Western District of WV -------------------------------------------------------------- A class action lawsuit has been filed against ClearSpring Loan Services, Inc. The case is styled as Christine A. Boyle, individually and on behalf of those similarly situated, Plaintiff v. ClearSpring Loan Services, Inc. now known as Sortis Financial, Inc. and Diverse Funding Associates, LLC, Defendants, Case No. 5:17-cv-04262 (W.D. W.V., November 2, 2017). Clearspring Loan Services, Inc. is a financial services company that provides mortgage loans.[BN] The Plaintiff is represented by: Christopher B. Frost, Esq. HAMILTON BURGESS YOUNG & POLLARD P. O. Box 959 Fayetteville, WV 25840-0959 Tel: (304) 574-2727 Fax: (304) 574-3709 Email: cfrost@hamiltonburgess.com - and - Ralph C. Young, Esq. HAMILTON BURGESS YOUNG &POLLARD P. O. Box 959 Fayetteville, WV 25840-0959 Tel: (304) 574-2727 Fax: (304) 574-3709 Email: ryoung@hamiltonburgess.com - and - Steven R. Broadwater , Jr., Esq. HAMILTON BURGESS YOUNG & POLLARD P. O. Box 959 Fayetteville, WV 25840-0959 Tel: (304) 574-2727 Fax: (304) 574-3709 Email: sbroadwater@hamiltonburgess.com COCA-COLA COMPANY: "Geffner" Suit Alleges False Advertising ----------------------------------------------------------- Evan Geffner and Ivan Babsin, and all others similarly-situated v. The Coca-Cola Company, Case No. 1:17-cv-07952 (S.D. N.Y., October 16, 2017), is brought against the Defendant for violations of New York's Unfair and Deceptive Business Practices Law, False Advertising Law, negligent and intentional misrepresentation, restitution, and breach of express and implied warranties. The Plaintiffs allege that Coca-Cola's marketing Diet Coke as "diet" is false, misleading, and unlawful. Plaintiff Evan Geffner is a resident of Bergen County, New Jersey. Plaintiff has been a frequent purchaser of Diet Coke for many years. Plaintiff Ivan Babsin is a resident of Nassau County, New York. Plaintiff has been a frequent purchaser of Diet Coke for many years. The Coca-Cola Company manufactures carbonated soft drinks. The Defendant is a Delaware corporation with its principal place of business in Atlanta, Georgia [BN] The Plaintiffs are represented by: Derek T. Smith, Esq. Abraham Z. Melamed, Esq. DEREK SMITH LAW GROUP, PLLC 30 Broad Street, 35th Floor New York, NY 10004 Tel: (212) 587-0706 E-mail: dtslaws@msn.com abe@dereksmithlaw.com COMMUNITY CAR: Faces "Arecio" Suit in E.D. New York --------------------------------------------------- A class action lawsuit has been filed against Community Car Service Priscilla Corp. The case is styled as Rosario Arecio, individually and on behalf of others similarly situated, Plaintiff v. Community Car Service Priscilla Corp. doing business as: Priscilla Community Car Service, Ramon Donato Guzman Bencosme, Juan Bencosme, Arsenio de la Mota, Juan Mejia, Felix Betances, Mario Ovalles, Rafael Doe, Benito Heredia and Gil Fuentes, Defendants, Case No. 1:17-cv-06298 (E.D. N.Y., October 27, 2017). Community Car Service Priscilla Corp. offers limo bus service with professional chauffeurs in New York.[BN] The Plaintiff appears PRO SE. CONVERGENT OUTSOURCING: Faces "Robinson" Suit in District of NJ --------------------------------------------------------------- A class action lawsuit has been filed against Convergent Outsourcing, Inc. The case is styled as Adrianne Robinson, individually and on behalf of all others similarly situated, Plaintiff v. Convergent Outsourcing, Inc., Defendant, Case No. 3:17-cv-09478 (D. N.J., October 26, 2017). Convergent Outsourcing, Inc. is an IT service management company.[BN] The Plaintiff appears PRO SE. D & A SERVICES: Faces "Asaro" Suit in Eastern District of Texas --------------------------------------------------------------- A class action lawsuit has been filed against D & A Services, LLC. The case is styled as Patricia Asaro, individually and on behalf of all others similarly situated, Plaintiff v. D & A Services, LLC and Bureaus Investment Group Portfolio No. 15, LLC, Defendants, Case No. 2:17-cv-06252 (E.D. Tex., October 26, 2017). D & A Services provides all aspects of customer service and compliant collection remedies.[BN] The Plaintiff is represented by: Craig B. Sanders, Esq. Sanders Law, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Tel: (516) 203-7600 Fax: (516) 281-7601 Email: csanders@sanderslawpllc.com DARP INC: Faces "Norrid" Suit in Eastern District of Oklahoma ------------------------------------------------------------- A class action lawsuit has been filed against D.A.R.P., Inc. The case is styled as Shane Norrid, Kermit Michael Troxel, Kevin Hartman, Tim Hyers, Christopher Lynn Williams, Codie Shreve, Steven England and on behalf of all others similarly situated, Plaintiffs v. D.A.R.P., Inc., an Oklahoma not for profit corporation, Raymond Jones, Hendren Plastics, Inc., An Arkansas for profit corporation, R & R Engineering Co., Inc. An Oklahoma for profit corporation, Glenn E. Whitman, Simmons Foods, Inc., An Arkansas for profit corporation, Western Alliance, Inc. formerly known as: Jer-Co Industries, Inc. An Oklahoma for profit corporation, Defendants, Case No. 6:17-cv- 00401-RAW (E.D. Okla., November 1, 2017). D.A.R.P., Inc. is a Drug Addiction Rehabilitation Hospital.[BN] The Plaintiff are represented by: Brady R. Henderson, Esq. PO Box 1626 Oklahoma City, OK 73101 Tel: (405) 525-3831 Fax: (405) 524-2296 Email: bhenderson@acluok.org DEARDEN'S INC: "Ayala" Suit Alleges Labor Code Violations --------------------------------------------------------- Alma Ayala, Liliana Garcia, Nelly Matias, and all others similarly-situated v. Dearden's Inc. and Does 1 through 100, Case No. BC679750 (Cal. Super., October 18, 2017), is brought against the Defendants for alleged violations of the California Labor Code and California Business and Professional Code. Plaintiffs Alma Ayala, Liliana Garcia and Nelly Matias are residents in the County of Orange, California. All were employed by the Defendants as credit representatives until they were laid off due to closure of all of Defendants' stores in July 2017. Headquartered in Los Angeles, California, Defendant Dearden's Inc. is a home furnishing retailer in the western half of the United States. It offers living room, bedroom, dining room, and baby furniture. [BN] The Plaintiffs are represented by: Paul K. Haines, Esq. Fletcher W. Schmidt, Esq. Andrew J. Rowbotham, Esq. Stephanie A. Kierig, Esq. HAINES LAW GROUP, APC 2274 East Maple Avenue El Segundo, CA 90245 Tel: (424) 292-2350 Fax: (424) 292-2355 E-mail: phaines@haineslawgroup.com fschmidt@haineslawgroup.com arowbotham@haineslawgroup.com skierig@haineslawgroup.com DELTAURA USA: "Mathews" Suit Alleges FLSA Violations ---------------------------------------------------- Kelvin Mathews, and all others similarly-situated v. Deltaura USA, Inc., David Paramsothy, and Jonily Jovan, Case No. 1:17-cv-07560 (N.D. Ill., October 19, 2017), is brought against the Defendants for violations of the Fair Labor Standards Act, the Portal-to- Portal Act and the Illinois Minimum Wage Law. Plaintiff Kelvin Mathews is a former employee who performed customer service/dispatch services for the Defendants. Defendant Deltaura USA, Inc. provides transportation services. Individual Defendants David Paramsothy and Jonily Jovan are owners or are engaged in active management of Deltaura USA. [BN] The Plaintiff is represented by: John William Billhorn, Esq. BILLHORN LAW FIRM 53 West Jackson Blvd., Suite 840 Chicago, IL 60604 Tel: (312) 853-1450 DICKSON'S FARMSTAND: Faces "Dean" Suit in S. Dist. New York ----------------------------------------------------------- A class action lawsuit has been filed against Dickson's Farmstand Meat, Inc. The case is styled as Jenny Dean, individually and on behalf of all others similarly situated, Plaintiff v. Dickson's Farmstand Meat, Inc., Defendant, Case No. 1:17-cv-08262 (S.D. N.Y., October 26, 2017). Dickson's Farmstand is a neighborhood butcher shop in Chelsea Market offering artisanal meats and house-made charcuterie.[BN] The Plaintiff is represented by: Evan Stone Rothfarb, Esq. Kakalec & Sclanger, LLP 85 Broad Street, 18th Floor New York, NY 10004 Tel: (212) 500-6114 Fax: (646) 612-7996 Email: erothfarb@kakalec-schlanger.com - and - Patricia Coyle Kakalec, Esq. Kakalec & Schlanger, LLP 85 Broad Street, 18th Floor New York, NY 00000 Tel: (212) 500-6114 Email: pkakalec@kakalec-schlanger.com DISCOUNT KING: Faces "Francisco-Jose" Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Discount King Inc. The case is styled as Genaro Francisco-Jose, individually and on behalf of others similarly situated, Plaintiff v. Discount King Inc. doing business as: Discount King, Armando Doe, Rosa Sanchez, Muhammad Yousuf and Minhajuddi Uddin Malik, Defendants, Case No. 1:17-cv-06299 (E.D. N.Y., October 27, 2017). Discount King Inc. is a one stop shop store.[BN] The Plaintiff appears PRO SE. DNC SERVICES: Faces "Sweigert" Suit in District of Columbia ----------------------------------------------------------- A class action lawsuit has been filed against DNC Services Corporation doing business as: Democratic National Committee. The case is styled as George Webb Sweigert, John Does 1 to 435 and Jane Does 1 TO 435, Individually and on behalf of all those similarly situated, Plaintiffs v. Tom Perez, Chairman, DNC Services Corp, DNC Services Corporation doing business as: Democratic National Committee, Deborah Wasserman-Schultz "Debbie", Imran Awan, Hina Alvi, Jamal Awan, Rao Abbas, Haseeb Rana, Abid Awan, Natalia Sova, Theresa Grafenstine and Huma Abedin, Defendants, Case No. 1:17-cv-02223-RC (D.D.C., October 26, 2017). The DNC is the formal governing body for the United States Democratic Party. The DNC is responsible for coordinating strategy in support of Democratic Party candidates for local, state, and national office. The Plaintiff appears PRO SE. DR PEPPER: "Excevarria" Suit Alleges False Advertising ------------------------------------------------------ Yasmin Excevarria and Joette Phoenix, and all others similarly- situated v. Dr. Pepper Snapple Group Inc. and Dr. Pepper/Seven Up, Inc., Case No. 1:17-cv-07957 (S.D. N.Y., October 16, 2017), is brought against the Defendants for alleged violations of New York's Unfair and Deceptive Business Practices Law, false advertising law, negligent and intentional misrepresentation, restitution, and breach of express and implied warranties. Plaintiffs bring this action on behalf of themselves, other Diet Dr. Pepper consumers, and the general public, to enjoin Dr. Pepper from continuing to misleadingly advertise Diet Dr. Pepper, and to recover restitution and damages for the class. Plaintiffs Yasmin Excevarria and Joette Phoenix are residents of Kings County, New York. Plaintiffs were frequent purchaser of Diet Dr. Pepper for years. Defendant Dr. Pepper Snapple Group Inc. is an American soft drink company based in Plano, Texas. It manufactures, bottles and distributes Dr. Pepper, 7UP, Mott's, Snapple, Canada Dry and other favorites. Defendant Dr Pepper/Seven Up, Inc. was a Plano, Texas-based soft- drink manufacturing company created by the merger of Dr Pepper, Inc. and The 7 Up Company on May 19, 1986. [BN] The Plaintiffs are represented by: Derek T. Smith, Esq. Abraham Z. Melamed, Esq. DEREK SMITH LAW GROUP, PLLC 30 Broad Street, 35th Floor New York, NY 10004 Tel: (212) 587-0706 E-mail: dtslaws@msn.com abe@dereksmithlaw.com EDGEWELL PERSONAL: Faces "Keskinen" Suit Over False Ads ------------------------------------------------------- Kelly Keskinen, and all others similarly-situated v. Edgewell Personal Care Co., Edgewell Personal Care, LLC, Edgewell Personal Care Brands, LLC, Playtex Products, LLC and Sun Pharmaceuticals, LLC, Case No. 2:17-cv-07721 (C.D. Calif., October 23, 2017), is brought against the Defendants for alleged violations of the California Unfair Competition Law, the California Consumers Legal Remedies Act, and the California False Advertising Law. Plaintiff's claim is premised on several false or misleading claims that Defendants make on the labels of its Banana Boat Kids SPF 100 sunscreen. In short, Defendants sell this product as an SPF 100 sunscreen--designed for children--when in fact its SPF is well under 100, and actually in the 20s. Plaintiff Kelly Keskinen is a resident of Riverside County, California. Plaintiff purchased Banana Boat Kids SPF 100 several times over the last four years, from various stores in California. Defendants Edgewell Personal Care Company; Edgewell Personal Care, LLC; Edgewell Personal Care Brands, LLC; Playtex Products, LLC; and Sun Pharmaceuticals, LLC jointly manufacture, distribute, advertise, label, and sell Banana Boat Kids SPF 100 in California and throughout the United States. [BN] The Plaintiff is represented by: Marc L. Godino, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Tel: (310) 201-9150 Fax: (310) 201-9160 E-mail: mgodino@glancylaw.com - and - Kevin Landau, Esq. Brett Cebulash, Esq. Miles Greaves, Esq. TAUS, CEBULASH & LANDAU, LLP 80 Maiden Lane, Suite 1204 New York, NY 10038 Tel: (646) 873-7654 Fax: (212) 931-0703 E-mail: klandau@tcllaw.com bcebulash@tcllaw.com mgreaves@tcllaw.com ELMWOOD HILLS: Serzanin Sues Over Unlawful Discharge ---------------------------------------------------- Coleen Serzanin, and all others similarly-situated v. Elmwood Hills Healthcare Center LLC t/a and dba Northbrook Behavioral Health Hospital, and John Does 1 through 10, Case No. L-004153-17 (N.J. Super, October 25, 2017), is brought under the New Jersey Conscientious Employee Protection Act alleging an unlawful and retaliatory discharge. Plaintiff Coleen Serzanin is a resident of the State of New Jersey. Plaintiff worked as a nurse manager for the Defendants from 2014 to July 2017. The Defendants operate as a healthcare facility in Camden, New Jersey. [BN] The Plaintiff is represented by: Daniel T. Silverman, Esq. COSTELLO & MAINS, LLC 18000 Horizon Way, Suite 800 Mount Laurel, NJ 08054 Tel: (856) 727-9700 EQUIFAX INC: "Jones" Suit Alleges FCRA Violations ------------------------------------------------- Beronica Jones and Michael Saucier, and all others similarly- situated v. Equifax Inc., and Equifax Information Services, LLC, Case No. 3:17-cv-00211 (N.D. Miss., October 17, 2017), is brought against the Defendants for violations of the Fair Credit Reporting Act. Plaintiffs Beronica Jones and Michael Saucier are residents of Mississippi and are victims of Equifax' data breach. Headquartered in Atlanta Georgia, Equifax Inc. is the parent of company of Equifax Information Services, LLC, and Equifax Consumer Services LLC. All Defendants are consumer reporting agencies and nationwide consumer reporting agencies. Equifax Information Services, LLC's responsibilities specifically include collection and reporting of consumer information to financial institutions. [BN] The Plaintiffs are represented by: Amber Shaw, Esq. GORDON SHAW LAW GROUP, PLLC 114 West Liberty Street, Suite 300 P.O. Box 846 Covington, TN 3 8019 Tel: (901) 476-7100 Fax: (901) 476-3537 E-mail: ashaw@lawjhg.com - and - Kevin Sharp, Esq. SANFORD HEISLER SHARP, LLP 611 Commerce St., Suite 3100 Nashville, TN 37203 Tel: (615) 434-7001 Fax: (615) 434-7020 E-mail: ksharp@sanfordheisler.com EQUIFAX INC: Faces "Calderon" Suit in N. Dist. Ga. -------------------------------------------------- A class action lawsuit has been filed against Equifax Inc. The case is styled as Jose Calderon and Barbara Westbrook, on behalf of themselves and all others similarly situated, Plaintiffs v. Equifax Inc. and Equifax Information Services LLC, Defendants, Case No. 1:17-cv-04389-MHC (N.D. Ga., November 2, 2017). Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on over 800 million individual consumers and more than 88 million businesses worldwide.[BN] The Plaintiff is represented by: Daniel Arthur Kent, Esq. Kent & Risley, LLC 5755 North Point Pkwy., Suite 57 Alpharetta, GA 30022 Tel: (404) 585-4214 Fax: (404) 829-2412 Email: dankent@kentrisley.com EQUIFAX INC: Faces Gerber Federal Credit Suit in N.D. Georgia ------------------------------------------------------------- A class action lawsuit has been filed against Equifax Inc. The case is styled as Gerber Federal Credit Union, Oteen VA Federal Credit Union, Illinois Credit Union League, Minnesota Credit Union Network, Nebraska Credit Union League, New York Credit Union Association, Ohio Credit Union League, Virginia Credit Union League each as an association on behalf of its members and SELCO Community Credit Union, individually and on behalf of a class of all similarly situated financial institutions, Plaintiffs v. Equifax Inc., Defendant, Case No. 1:17-cv-04388-TCB (N.D. Ga., November 2, 2017). Equifax Inc. is a consumer credit reporting agency. Equifax collects and aggregates information on over 800 million individual consumers and more than 88 million businesses worldwide.[BN] The Plaintiffs are represented by: Anthony C. Lake, Esq. Gillen Withers & Lake, LLC 3490 Piedmont Road, N.E. One Securities Centre, Suite 1050 Atlanta, GA 30305 Tel: (404) 842-9700 Fax: (404) 842-9750 Email: aclake@gwllawfirm.com - and - Arthur M. Murray, Esq. Murray Law Firm 650 Poydras Street, Suite 2150 New Orleans, LA 70130 Tel: (505) 525-8100 Email: amurray@murray-lawfirm.com - and - Brian C. Gudmundson, Esq. Zimmerman Reed, P.L.L.P. -MN 1100 IDS Center 80 South 8th Street Minneapolis, MN 55402 Tel: (612) 341-0400 Email: brian.gudmundson@zimmreed.com - and - Bryan L. Bleichner, Esq. Chestnut Cambronne, PA 17 Washington Avenue North, Suite 300 Minneapolis, MN 55401 Tel: (612) 339-7300 Fax: (612) 336-2940 Email: bbleichner@chestnutcambronne.com - and - Bryan A. Fox, Esq. Carlson Lynch Sweet &Kilpela& Carpenter, LLP - PA 5th Floor 1133 Penn Avenue Pittsburgh, PA 15222 Tel: (412) 322-9243 Fax: (412) 231-0246 - and - Carol Thomas, Esq. Murray Law Firm 650 Poydras Street, Suite 2150 New Orleans, LA 70130 Tel: (504) 525-8100 Fax: (504) 584-5249 - and - Charles Hale Van Horn, Esq. Berman Fink Van Horn, P.C. -Atl 3475 Piedmont Road, N.E., Suite 1100 Atlanta, GA 30305 Tel: (404) 261-7711 Fax: (404) 233-1943 Email: cvanhorn@bfvlaw.com - and - Erin Green Comite, Esq. Scott & Scott, LLC-CT P.O. Box 192 108 Norwich Avenue Colchester, CT 06415 Tel: (860) 537-5537 Email: ecomite@scott-scott.com - and - Gary F. Lynch, Esq. Carlson Lynch Sweet & Kilpela & Carpenter, LLP - PA 5th Floor 1133 Penn Avenue Pittsburgh, PA 15222 Tel: (412) 322-9243 Fax: (412) 231-0246 Email: glynch@carlsonlynch.com - and - Jamisen Etzel, Esq. Carlson Lynch Sweet &Kilpela& Carpenter, LLP - PA 5th Floor 1133 Penn Avenue Pittsburgh, PA 15222 Tel: (412) 322-9243 Fax: (412) 231-0246 Email: jetzel@carlsonlynch.com - and - Joseph P. Guglielmo, Esq. Scott & Scott, Attorneys at Law, LLP 230 Park Avenue 17th Floor New York, NY 10169 Tel: (212) 223-6444 Email: jguglielmo@scott-scott.com - and - Karen Hanson Riebel, Esq. Lockridge Grindal Nauen 100 Washington Avenue South 2200 Washington Square Minneapolis, MN 55401-2179 Tel: (612) 339-6900 Email: khriebel@locklaw.com - and - Kate M. Baxter-Kauf, Esq. Lockridge Grindal Nauen 100 Washington Avenue South 2200 Washington Square Minneapolis, MN 55401-2179 Tel: (612) 339-6900 Email: kmbaxter-kauf@locklaw.com - and - Stephen B. Murray, Sr., Esq. Murray Law Firm 650 Poydras Street, Suite 2150 New Orleans, LA 70130 Tel: (504) 525-8100 Email: amurray@murray-lawfirm.com - and - Thomas A. Withers, Esq. Gillen, Withers & Lake, LLC 8 E. Liberty Street Savannah, GA 31401 Tel: (912) 447-8400 Fax: (912) 233-6584 Email: twithers@gwllawfirm.com EQUIFAX INC: Faces "Janaye" Suit in Central District Cal. --------------------------------------------------------- A class action lawsuit has been filed against Equifax, Inc. The case is styled as Amanda Janaye White and Robert Honanian, individually and on behalf of all others similarly situated, Plaintiffs v. Equifax, Inc., a Georgia corporation, Defendant, Case No. 2:17-cv-07991 (C.D. Cal., November 1, 2017). Equifax Inc. is a consumer credit reporting agency in New York.[BN] The Plaintiff appears PRO SE. EQUIFAX INC: Nebraska Credit Union League Joins Class Action ------------------------------------------------------------ KHGI reports that the Nebraska Credit Union League (NCUL) and the Mountain West Credit Union Association (MWCUA) announced on Oct. 31 they will join a class action lawsuit against Equifax. CUNA filed its lawsuit Oct. 4, and several other leagues and credit unions have followed suit. "The Equifax breach has harmed and will continue to harm our credit unions and their members," said NCUL CEO Scott Sullivan. "We refuse to sit idly by as our credit unions begin to bear the long-term financial cost and personnel burden from Equifax's breach and are pleased to join with CUNA in taking this action on our members behalf. This is yet another example of the value of the interdependent CUNA/League system." Scott Earl, president/CEO of MWCUA also cited the need to protect credit unions when announcing the league is joining a lawsuit. "We have not seen a data breach of this magnitude before and the potential impacts to credit unions and their members is unprecedented," Mr. Earl said. "The Association joined both to help protect our affiliated credit unions and to hold Equifax accountable for the fallout from this breach. Protecting members is a top priority of all credit unions. We may not know the full impact of this extensive breach for years. The costs to credit unions will be significant." The breach, first announced in September is estimated to have exposed information on more than 145 million consumers, and payment card data from of more than 200,000 consumers. The Illinois Credit Union League and the League of Southeastern Credit Unions and Affiliates have also announced legal action against Equifax. [GN] EXA CORPORATION: Rubin Files Securities Class Action in Mass. ------------------------------------------------------------- Michael Rubin, and all others similarly-situated v. Exa Corporation, Stephen A. Remondi, John J. Shields, III, Robert D. Burke, Mark Fusco, Wayne Mackie, and John William Poduska, Case No. 1:17-cv-12050 (D. Mass., October 19, 2017), is brought against the Defendants for violations of the Securities Exchange Act of 1934. Plaintiff Michael Rubin is a continuous stockholder of Exa. Defendant Exa is a digital simulation company that develops, sells and supports simulation software and services for manufacturers, with a current focus on the ground transportation market. Defendant is a Massachusetts corporation with its principal executive offices located in Burlington, Massachusetts. Exa's common stock is traded on the NASDAQ Global Market under the ticker symbol "EXA." The Individual Defendants are directors and officers of Exa. [BN] The Plaintiff is represented by: Mitchell J. Matorin, Esq. MATORIN LAWOFFICE, LLC 18 Grove Street, Suite 5 Wellesley, MA 02482 Tel: (781) 453-0100 - and - Richard A. Acocelli, Esq. Michael A. Rogovin, Esq. Kelly C. Keenan, Esq. WEISSLAW LLP 1500 Broadway, 16th Floor New York, NY 10036 Tel: (212) 682-3025 Fax: (212) 682-3010 FEDEX GROUND: Faces "Anderson" Suit in Cent. Dist. Cal. ------------------------------------------------------- A class action lawsuit has been filed against FedEx Ground Package System, Inc. The case is styled as Robert Anderson and Marques T. Sutton, individually and on behalf of all others similarly situated, Plaintiffs v. FedEx Ground Package System, Inc., a Delaware Corporation and DOES 1-10, inclusive, Defendants, Case No. 2:17-cv-08019 (C.D. Cal., November 2, 2017). FedEx Ground provides business-to-business package shipping and ground delivery services.[BN] The Plaintiffs appear PRO SE. FORAGER PROJECT: Faces "Berger" Suit in Eastern District New York ----------------------------------------------------------------- A class action lawsuit has been filed against Forager Project, LLC. The case is styled as Josh Berger, individually and on behalf of all others similarly situated, Plaintiff v. Forager Project, LLC, Defendant, Case No. 2:17-cv-06302 (E.D. N.Y., October 27, 2017). Forager Project, LLC produces and sells organic food.[BN] The Plaintiff appears PRO SE. FORD MOTOR: Faces Securities Class Action Over Fusion Probe ----------------------------------------------------------- Keith Laing, writing for Detroit News, reports that Ford Motor Co. is facing a class-action lawsuit that alleges the company made false statements about the quality of 841,000 cars that are under investigation for having steering wheels that could detach while the vehicles are in motion. The lawsuit alleges Ford violated federal securities laws by making "false and/or misleading statements and/or failed to disclose that flaws in the company's manufacturing processes, supply chain, and/or quality control rendered at least 841,000 Ford vehicles unsafe to drive" between 2014 and 2017 that led to "precipitous decline in the market value of the company's securities." The lawsuit, filed on Oct. 30 in the Eastern District Court of Michigan, follows an Oct. 26 announcement from the National Highway Traffic Safety Administration that it is investigating the complaints about the steering wheel fastening bolt of 2014 through 2016 Ford Fusion vehicles becoming loose, and in one case detaching completely. NTHSA said it has received one complaint for each model year covered by the investigation. "A detached steering wheel can result in a loss of vehicle control that may lead to a crash," the agency said. "A preliminary evaluation has been opened to assess the scope, frequency and safety-related consequence of the alleged defect." Ford declined to comment on the lawsuit on Oct. 31, saying it "will respond through the appropriate legal channels." The company added: "Regarding NHTSA, we are cooperating with the agency, as we always do. Any customers with concerns should contact their local dealer." The suit alleges Ford failed to "advise its investors of any specific shortcomings in the company's manufacturing processes, supply chain, and/or quality control" during the model years that are covered by the Fusion investigation. "The foregoing issues, when revealed, would foreseeably subject Ford to additional regulatory scrutiny and impact the company's profitability," the lawsuit says. The number of plaintiffs in the class-action lawsuit was not specified in the legal paperwork that was filed on Oct. 30 because it is "so numerous," according to Paul Ruckel, who filed the lawsuit. "Throughout the class period, Ford securities were actively traded on the (New York Stock Exchange)," the lawsuit. "While the exact number of class members is unknown to plaintiff at this time and can be ascertained only through appropriate discovery, plaintiff believes that there are hundreds or thousands of members in the proposed class." [GN] FORD MOTOR: Bronstein Gewirtz Files Securities Class Suit --------------------------------------------------------- Bronstein, Gewirtz & Grossman, LLC, notifies investors that a class action lawsuit has been filed against Ford Motor Company("Ford" or the "Company") and certain of its officers, on behalf of a class who purchased Ford securities between February 18, 2014, and October 26, 2017, both dates inclusive,(the "Class Period"). Such investors are encouraged to join this case by visiting the firm's site: This class action seeks to recover damages against Defendants for alleged violations of the federal securities laws under the Securities Exchange Act of 1934. Ford Motor Company designs, manufactures, and services cars and trucks. The Company also provides vehicle-related financing, leasing, and insurance through its subsidiary. The Complaint alleges that throughout the Class Period, Defendants made materially false and/or misleading statements and/or failed to disclose that: (1) flaws in the Company's manufacturing processes, supply chain, and/or quality control rendered at least 841,000 Ford vehicles unsafe to drive; (2) the abovementioned issues, when revealed, would foreseeably subject Ford to additional regulatory scrutiny and impact the Company's profitability; and (3) consequently, Ford's public statements were materially false and misleading at all relevant times. On October 27, 2017, the U.S. National Highway Traffic Safety Administration ("NHTSA") announced a preliminary investigation into 841,000 Ford vehicles, citing concerns that the vehicles' steering wheels could detach while the vehicles are in motion. NHTSA stated that it is specifically investigating 2014-2016 model Ford Fusion sedans. Following this news, Ford stock dropped $0.21 per share, or 1.71%, to close at $12.06 on October 27, 2017. A class action lawsuit has already been filed. If you wish to review a copy of the Complaint you can visit the firm's site: or you may contact Peretz Bronstein, Esq. or his Investor Relations Analyst, Yael Hurwitz of Bronstein, Gewirtz & Grossman, LLC at 212-697-6484. If you suffered a loss in Ford you have until December 29, 2017 to request that the Court appoint you as lead plaintiff. Your ability to share in any recovery doesn't require that you serve as a lead plaintiff. Bronstein, Gewirtz & Grossman, LLC is a corporate litigation boutique. In addition to representing institutions and other investor plaintiffs in class action security litigation, the firm's expertise includes general corporate and commercial litigation, as well as securities arbitration. [GN] FRONTIER COMM: Morrow Sues Over False, Misleading Reports --------------------------------------------------------- Lisa R. Morrow, and all others similarly-situated v. Frontier Communications Corporation, Daniel J. McCarthy, Ralph Perley McBride, John M. Jureller, and Donald W. Daniels, Case No. 3:17- cv-01759 (D. Conn., October 19, 2017), seeks to recover damages caused by Defendants' violations of the federal securities law under the Securities Exchange Act of 1934. The Plaintiff alleges that the Defendants failed to disclose the underperformance of the Verizon Acquisition. Defendants made materially false and misleading statements regarding the Company's business, operational and compliance policies, says the complaint. Plaintiff Lisa R. Morrow acquired Frontier securities. Defendant Frontier provides communications services in the U.S., including broadband, video, and voice services. Founded in 1927, the Company is headquartered in Norwalk, Connecticut. Frontier's stock trades on the NASDAQ stock market under the ticker symbol "FTR." The Individual Defendants are officers of Frontier. [BN] 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 GENERAL ELECTRIC: Glancy Prongay Files Securities Class Action -------------------------------------------------------------- Glancy Prongay & Murray LLP ("GPM") filed a class action lawsuit on behalf of investors that purchased General Electric Company ("General Electric" or the "Company") (NYSE: GE) securities between July 21, 2017, and October 20, 2017, inclusive (the "Class Period"). General Electric investors have until January 2, 2018 to file a lead plaintiff motion. To obtain information or participate in the class action, please visit the General Electric Company page on our website at www.glancylaw.com/case/general- electric-company. Investors suffering losses on their General Electric investments are encouraged to contact Lesley Portnoy of GPM to discuss their legal rights in this class action at 310-201-9150 or by email to shareholders@glancylaw.com. On October 20, 2017, the Company disclosed quarterly results for the third quarter 2017, disclosing earnings per share ("EPS") of $0.29, falling below earnings estimates of $0.49 per share. The Company also lowered 2017 earnings expectations, lowering EPS to $1.05-$1.10 from $1.60-$1.70. On that same day, October 20, 2017, the Company held a conference call to discuss its financial results. On the call, GE CEO John Flannery stated that the Company had been completing a review of its operations and that, "While the company has many areas of strength, it's also clear from our current results that we need to make some major changes with urgency and a depth of purpose. Our results are unacceptable, to say the least." On this news, the Company's stock price fell nearly 7% or $1.51 per share, over two trading sessions, to close at $22.32 on October 23, 2017, thereby injuring investors. The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants failed to disclose: (1) that the Company's various operating segments, including its Power segment, were underperforming Company projections, with order drops, excess inventories and increased costs; (2) as a result the Company overstated GE's full year 2017 guidance; and, (3) that, as a result of the foregoing, Defendants' statements about General Electric's business, operations, and prospects, were false and misleading and/or lacked a reasonable basis. Follow us for updates on Twitter: twitter.com/GPM_LLP. If you purchased shares of General Electric during the Class Period you may move the Court no later than January 2, 2018 to ask the Court to appoint you as lead plaintiff if you meet certain legal requirements. 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 GPM, 1925 Century Park East, Suite 2100, Los Angeles California 90067 at 310-201-9150, Toll-Free at 888-773-9224, by email to shareholders@glancylaw.com, or visit our website at www.glancylaw.com. If you inquire by email please include your mailing address, telephone number and number of shares purchased. [GN] GENERAL MOTORS: Davis Files Suit Over Defective Headlights ---------------------------------------------------------- Christine Davis, Anna Macias, and Leonardo Macias, and all others similarly-situated v. General Motors LLC, Case No. 8:17-cv-02431 (M.D. Fla., October 16, 2017), is brought against the Defendant for violation of the Florida Deceptive and Unfair Trade Practices Act, for breach of express warranties and breach of implied warranty under the Magnuson-Moss Warranty Act. The Plaintiffs reside in Florida and have purchased or leased any 2010-2015 Cadillac SRX (collectively "Class Vehicles"). The Plaintiffs allege that the case arises out of a defect in the Class Vehicles' headlights that causes the headlight to abnormally and prematurely wear-out and fail. Defendant General Motors LLC designs, manufactures, markets, distributes, services, repairs, sells and leases passenger vehicles, including the Class Vehicles, nationwide and in Florida. [BN] The Plaintiffs are represented by: Russell D. Paul, Esq. Jeffrey L. Osterwise, Esq. Jonathan Z. DeSantis, Esq. BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103-6305 Tel: (215) 875-3000 Fax: (215) 875-4604 E-mail: rpaul@bm.net josterwise@bm.net jdesantis@bm.net GENERAL MOTORS: "Harris" Suit Alleges Breach of Warranty -------------------------------------------------------- John J. Harris, and all others similarly-situated v. General Motors Company, Case No. 5:17-cv-00180 (E.D. Tex., October 23, 2017), is brought against the Defendant for breach of express and implied warranty, violations of the Texas Deceptive Trade Practices Act and the Magnuson-Moss Warranty Act. Plaintiff alleges that the Defendant knowingly sold dangerous defective vehicles to consumers. Defendant General Motors Company is a foreign corporation whose principal place of business is in Detroit, Michigan. Defendant manufactured, distributed, sold, serviced and warranted vehicles. [BN] The Plaintiff is represented by: James C. Wyly, Esq. Sean F. Rommel, Esq. WYLY-ROMMEL, PLLC 4004 Texas Boulevard Texarkana, TX 75503 Tel: (903) 334-8646 Fax: (903) 334-8645 GENOCEA BIOSCIENCES: Scott+Scott Files Securities Class Action -------------------------------------------------------------- Scott+Scott, Attorneys at Law, LLP ("Scott+Scott"), a national securities and consumer rights litigation firm, on Nov. 1 disclosed that it has filed a class action against Genocea Biosciences, Inc. ("Genocea" or the "Company") (NASDAQ: GNCA) and certain of its senior executives (collectively, "Defendants"). The action, which is filed in the U.S. District Court for the District of Massachusetts, asserts claims under Sections 10(b) and 20 of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. Secs. 78j(b) and 78t(a), and SEC Rule 10b-5 promulgated thereunder, 17 C.F.R. Sec. 240.10b-5, on behalf of investors who purchased or otherwise acquired Genocea securities between May 5, 2017 and September 25, 2017, inclusive (the "Class Period"). Genocea is a biopharmaceutical company that discovers and develops vaccines and immunotherapies. During the Class Period, the Company's lead product candidate was GEN-003, a genital herpes immunotherapy product. According to the complaint, Defendants violated provisions of the Exchange Act by issuing false and misleading statements to investors, including in filings with the U.S. Securities and Exchange Commission ("SEC"). Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) the Company's finances were insufficient to support Phase 3 trials of GEN-003; (ii) accordingly, Genocea had overstated the prospects for GEN-003; and (iii) as a result of the foregoing, Genocea's public statements were materially false and misleading at all relevant times. On September 25, 2017, after the market closed, Genocea disclosed that it was halting spending and activities on GEN-003 and exploring strategic alternatives for the drug. The Company also announced that it was cutting 40% of its workforce. On this news, the Company's share price fell $4.08, or 76.5%, to close at $1.25 on September 26, 2017. If you wish to serve as lead plaintiff, you must move the Court no later than January 2, 2018. Any member of the proposed class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain a member of the proposed class. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff's counsel, Rhiana Swartz of Scott+Scott at (844) 818- 6980, or via email at rswartz@scott-scott.com About Scott+Scott, Attorneys at Law, LLP Scott+Scott prosecutes major securities, antitrust, and employee retirement plan actions throughout the United States. The firm represents pension funds, foundations, individuals, and other entities worldwide with offices in New York, London, Connecticut, California, and Ohio. [GN] GLACIER COUNTY, MT: Taxpayers' Class Action Can't Proceed --------------------------------------------------------- LeAnne Kavanagh, writing for Pioneer Press, reports that the Montana Supreme Court ruled 6-1 on Oct. 25 that over 420 taxpayers do not have standing to sue Glacier County or the State of Montana. The decision upholds an earlier Lewis and Clark District Court ruling that dismissed the class action lawsuit filed in 2015 on the grounds the taxpayers lacked standing to sue the county or state. The Supreme Court opinion was delivered by Justice Beth Baker with Justices Mike McGrath, Laurie McKinnon, James Jeremiah Shea, Dirk M. Sandefur and Jim Rice concurring. Justice Michael Wheat dissented from the majority. In his opinion, ". . . the taxpayers have standing to go forward" and " . . . have alleged an actual threatened injury sufficient to allow them to proceed with their case." Elaine Mitchell, the lead plaintiff in the class action lawsuit, said she was disappointed in the court's decision. "If over 400 taxpayers don't have standing, who does?" she questioned. "I am very confused," said Ms. Mitchell. "When I paid my taxes under protest for reasons other than property valuations, I was forced to file a class action suit within 90 days, which I did. Now the Supreme Court ruled that we don't have standing." Ms. Mitchell and hundreds of other Glacier County residents have paid their taxes under protest since 2015. In a class action lawsuit, they sued Glacier County over alleged mismanagement of funds and the State of Montana over its failure to take legal action against the County. The Glacier County Commissioners issued a brief press release on Oct. 26 via their "From the Desk of the Glacier County Commissioners" Facebook page on the Supreme Court's decision. "While we agree with the decision of the Montana Supreme Court, we still face other legal challenges that are pending. Glacier County will continue to aggressively defend any allegations against the County." According to the opinion written by Baker, "Taxpayers have not demonstrated that their claimed potential for increased property taxes in response to the County's financial situation constitutes a concrete injury sufficient to confer standing in this case." Ms. Mitchell's attorney, Lawrence A. Anderson, argued the prospect of increased property taxes constituted a future injury, but the majority of Justices disagreed. In his dissenting opinion Wheat wrote, the "taxpayers have standing to go forward with the lawsuit?" He continued, "Based on the deficiencies found within the audits, the taxpayers should be afforded the opportunity to fully explore and develop the alleged mismanagement of public funds. Standing requirements should not be barriers to justice . . . the taxpayers have alleged an injury that is not so speculative that we should reject it outright so as to deny taxpayers the opportunity to pursue their claims." [GN] HOME DEPOT: Faces FCRA Class Action Over Background Checks ---------------------------------------------------------- Thomas Ahearn, writing for ESR News, reports that a class action lawsuit filed by a Florida man claims Home Depot USA violated the federal Fair Credit Reporting Act (FCRA) when conducting background checks on potential employees by not making the proper disclosures required by the FCRA to job applicants, according to a report from Top Class Actions. Plaintiff Michael Hamilton claims he signed a disclosure form authorizing defendant Home Depot to conduct a background check when he applied for a job in June 2016. Top Class Actions reports the FCRA requires employers to satisfy certain disclosure requirements when procuring background check reports: The FCRA says the required disclosures must be "clear and conspicuous" and "made in writing to the consumer at any time before the report is procured or caused to be procured." The disclosures must also be made in a "stand-alone" document, one that consists only of information about the disclosure. According to Mr. Hamilton, the disclosure form contained "extraneous provisions" in addition to those that purported to authorize the background check. He says these extraneous provisions left him confused about the nature and scope of the background check and about his rights under the FCRA. The Home Depot class action lawsuit for alleged FCRA violations states: If Plaintiff was aware Defendant had presented him with an unlawful disclosure form, Plaintiff would not have authorized Defendant to procure a consumer report and dig deep into his personal, private and confidential information. The class action lawsuit is Hamilton v. Home Depot USA Inc., Case No. 8:17-cv-02468, in the U.S. District Court for the Middle District of Florida. The complete report is at https://topclassactions.com/lawsuit-settlements/lawsuit- news/824315-home-depot-class-action-background-check-violate- federal-law/. In October 2017, ESR News reported that a California federal judge granted a Motion to Dismiss a proposed class action lawsuit against Home Depot that claimed the home improvement retailer violated the FCRA by failing to make proper disclosures and failing to obtain proper authorization when screening. In the three-page order dismissing the case, U.S. District Court Judge Gary Klausner explained that the lawsuit brought by lead plaintiff Katherine Saltzberg failed to demonstrate actual harm and did not allege a "concrete" injury as required under the U.S. Supreme Court ruling in Spokeo, Inc. v. Robins. Enacted in 1970, the FCRA is federal legislation that promotes the accuracy, fairness, and privacy of consumer information in the files of consumer reporting agencies (CRAs) and protects consumers from the willful and/or negligent inclusion of inaccurate information in their background check reports. [GN] ILLINOIS: Faces "Ross" Suit in N. Dist. Ill. -------------------------------------------- A class action lawsuit has been filed against George Adamson, Chaplain. The case is styled as Eugene Ross and all similarly situated Muslim in I.D.O.C., Plaintiff v. George Adamson, Chaplain and John Baldwin Dir., Defendants, Case No. 1:17-cv-07756 (N.D. Ill., October 27, 2017). John Baldwin was named director of the Illinois Department of Corrections August 14, 2015.[BN] The Plaintiff appears PRO SE. JACKSON NATIONAL: Smithson Files Suit Over Excessive Charges ------------------------------------------------------------ Roy H. Smithson, individually and on behalf of all others similarly situated, Plaintiff, v. Jackson National Life Insurance Company, Defendant, Case No. 17-cv-07485, (C.D. Cal., October 12, 2017), seeks to recover compensatory and punitive damages, as well as declaratory and injunctive relief for breach of contract and conversion to recover amounts that Defendant charged Plaintiff in excess of the amounts authorized by the express terms of their life insurance policies. Plaintiff's life insurance policy provides for an "Accumulation Value" consisting of monies held in trust by Defendant who is contractually bound to deduct from the Accumulation Value only those charges that are explicitly identified and authorized by the policy's terms. Jackson National allegedly deducted charges from Smithson's Accumulation Value in amounts exceeding those specifically permitted by the policy. [BN] Plaintiff is represented by: Daniel C. Girard, Esq. GIRARD GIBBS LLP 711 Third Ave, 20th Floor New York, NY 10017 Telephone: (212)798-0136 Facsimile: (212)557-2952 Email: dcg@girardgibbs.com - and - Norman E. Siegel, Esq. Patrick J. Stueve, Esq. Bradley T. Wilders, Esq. STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 Telephone: (816) 714-7100 Facsimile: (816) 714-7101 Email: siegel@stuevesiegel.com stueve@stuevesiegel.com wilders@stuevesiegel.com - and - John J. Schirger, Esq. Matthew W. Lytle, Esq. Joseph M. Feierabend, Esq. MILLER SCHIRGER, LLC 4520 Main Street, Suite 1570 Kansas City, MO 64111 Telephone: (816) 561-6500 Facsimile: (816) 561-6501 Email: jschirger@millerschirger.com mlytle@millerschirger.com jfeierabend@millerschirger.com JDSA I: "Andrews" Suit Seeks to Recover Unpaid Overtime Wages ------------------------------------------------------------- Christopher Andrews, and all others similarly-situated v. JDSA I, Ltd. dba Jason's Deli and Bernard Kyle Beck, Case No. 5:17-cv- 01083 (W.D. Tex., October 25, 2017), seeks to recover unpaid overtime compensation under the Fair Labor Standards Act. Plaintiff Christopher Andrews is a resident of San Antonio, Texas. Plaintiff worked for the Defendant as an assistant manager. Defendant JDSA I, Ltd. is a franchisee of Deli Management, Inc. and does business as "Jason's Deli." Defendant Bernard Kyle Beck is the President of JDSA, Inc. [BN] The Plaintiff is represented by: Lawrence Morales II, Esq. THE MORALES FIRM, P.C. 6243 W. Interstate 10 San Antonio, TX 78201 Tel: (210) 819-5341 Fax: (210) 225-0821 E-mail: lawrence@themoralesfirm.com JEUNESSE LLC: "Wu" Files Suit Over Pyramiding Scheme ---------------------------------------------------- Nancy Wu, Shi Hwa Yuan, Arlene Chang, Fang Fang Ho, Individually and on behalf of all others similarly situated, Yvonne Yen (a/k/a Yi-Wen Yen), Samson Li, Lisa Wang and Does 1-100, inclusive, Plaintiffs, v. Jeunesse, LLC, Jeunesse Global, Jeunesse, Inc., Fuel Freedom International, US Global System, Kim Hui, Randy Ray (a/k/a Ogale Erandal Ray and Randy Ray Lewis), Wendy R. Lewis, Scott A. Lewis, May Chang (a/k/a Mei Yue Chang and Mei Yueh Chang), Defendants, Case No. 17-cv-07475 (C.D. Cal., October 12, 2017), seeks nominal, actual, compensatory damages, punitive, damages and treble damages and civil penalties under the Racketeer Influenced and Corrupt Organizations, monetary relief under the common law theories of unjust enrichment, Unfair Business Practices, preliminarily and permanently enjoining Jenuesse from paying its Distributors recruiting rewards that are unrelated to retail sales to end users and from further unfair, unlawful, fraudulent and/or deceptive activities, voiding of all agreements upon which such scheme is based, recovery of all consideration paid pursuant to the participants pursuant to the scheme, disgorgement of profits from the unfair and unlawful business practices and restitution of all monies and benefits which were unlawfully withheld, attorneys' fees, expenses, expert fees and costs incurred by plaintiffs in vindicating their rights under California's Endless Chain Scheme Law, Unfair Competition Law, False Advertising Law and Foreign Corrupt Practices Act of 1977. Defendants have been engaged in multi-level business through several business entities, namely Jeunesse, LLC, Jeunesse, Inc. Jeunesse Global, Fuel Freedom International and US Global System. They are allegedly running an illegal pyramid scheme with advertisements that promise earning of $26,250.00 per week. Kim Hui, Randy Ray, Wendy R. Lewis, Scott A. Lewis and May Chang are distributors and recruiters. [BN] Plaintiff is represented by: Tom C. Tsay, Esq. Helen W. Quan, Esq. LAW OFFICES OF TOM C. TSAY, INC. 208 E. Valley Blvd. #C San Gabriel, CA 91776 Tel: (626) 307-4198 Fax: (626) 307-4199 JONESBORO HUMAN: "Camacho" Suit Alleges FLSA and AMWA Violations ---------------------------------------------------------------- Chantavia Camacho and Joseph Walker, and all others similarly- situated v. State of Arkansas - Arkansas Department of Human Services aka Jonesboro Human Development Center and Conway Human Development Center, Case No. 4:17-cv-00704 (E.D. Ark., October 25, 2017), is brought against the Defendants for violations of the Fair Labor Standards Act and the Arkansas Minimum Wage Act. Defendant Jonesboro Human Development Center is one of Arkansas's five Arkansas state-managed training facilities for people with developmental disabilities where Plaintiff Camacho was employed within the three years prior to the filing of this Complaint as a residential care assistant. Defendant Conway Human Development Center is one of Arkansas's five Arkansas State-managed training facilities for people with developmental disabilities where Plaintiff Walker was employed within the three years prior to the filing of this Complaint as a residential care assistant. [BN] The Plaintiffs are represented by: Chris Burks, Esq. Josh Sanford, Esq. SANFORD LAW FIRM, PLLC One Financial Center 650 South Shackleford, Suite 411 Little Rock, AR 72211 Tel: (501) 221-0088 Fax: (888) 787-2040 E-mail: chris@sanfordlawfirm.com josh@sanfordlawfirm.com JTH TAX INC: Faces "Matrinez" Suit in E.D. New York --------------------------------------------------- A class action lawsuit has been filed against JTH Tax, Inc. The case is styled as Pedro Matrinez, Individually and as the representative of a class of similarly situated persons, Plaintiff v. JTH Tax, Inc. doing business as: Liberty Tax Service, Defendant, Case No. 1:17-cv-06280 (E.D. N.Y., October 27, 2017). Liberty Tax was incorporated in Delaware in September 2010 as a holding company engaged through its subsidiaries as a franchisor and operator of a system of income tax preparation offices located in the United States and Canada. In July 2014, the corporate name was changed to Liberty Tax, Inc. from JTH Holding, Inc. The Company's principal operations are conducted through JTH Tax, Inc. (d/b/a Liberty Tax Service), the Company's largest subsidiary. Through this system of income tax preparation offices, the Company also facilitates refund-based tax settlement financial products, such as instant cash advances, refunds transfer products, and personal income tax refund discounting. The Company also offers online tax preparation services.[BN] The Plaintiff appears PRO SE. KAISER FOUNDATION: Faces "Schmitt" Suit in W.D. Washington ---------------------------------------------------------- A class action lawsuit has been filed against Kaiser Foundation Health Plan. The case is styled as Andrea Schmitt, on her own behalf, and on behalf of all similarly situated individuals, Plaintiff v. Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc., Kaiser Foundation Health Plan of the Northwest and Kaiser Foundation Health Plan, Inc, Defendants, Case No. 2:17-cv-01611-RSL (W.D. Wash., October 30, 2017). Kaiser provides healthcare plans to its members through its network of Kaiser Permanente healthcare providers.[BN] The Plaintiff is represented by: Richard E Spoonemore, Esq. SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WA 98104 Tel: (206) 223-0303 Fax: (206) 223-0246 Email: rspoonemore@sylaw.com - and - Eleanor Hamburger, Esq. SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WA 98104 Tel: (206) 223-0303 Fax: (206) 223-0246 Email: ehamburger@sylaw.com KANOA INC: Faces "Cruz" Suit in Eastern District of California -------------------------------------------------------------- A class action lawsuit has been filed against Kanoa, Inc. The case is styled as Wilfredo Cruz Jr, individually, and on behalf of other members of the general public similarly situated, Plaintiffs v. Kanoa, Inc. and CivalBarten Van Der Lubbe, Defendants, Case No. 1:17-cv-01476-DAD-JLT (E.D. Cal., November 1, 2017). Kanoa's journey began in 2015, when its successful crowdfunding campaign promised in-ear wireless headphones with a sharp charging case and smart features like adjustable ambient sound pass- through.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Law Offices of Todd M. Friedman, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Tel: (877) 619-8966 Fax: (866) 633-0228 Email: tfriedman@toddflaw.com LG CORP: Faces Class Action Over Defective Refrigerators -------------------------------------------------------- Courtney Zieller and Kaitlyn Naples, writing for WFSB, report that some LG customers are comparing what they're going through to a nightmare, after purchasing the brand name refrigerators. Compressors in the refrigerators are allegedly failing. It's a story that Channel 3 has been following since earlier this summer, and now there's a class action lawsuit that was filed against the company to hold them responsible. "It's sitting right here but it should be over here where this mini-fridge is right now," said Susan Lewis, of New London. She hasn't been able to use her nearly $3,000 LG refrigerator for the past three months. "One night we were sitting here and the compressor failed. It was making some crazy noise," Ms. Lewis said. Her refrigerator is only seven years old, and according to the label, the compressor is under a 10-year warranty. She added that she pays for a separate warrant on the fridge itself. "This has just been horrible. I mean I have been on the phone calling LG. I've called them 28 plus times. They don't return your call," Ms. Lewis said. Since Channel 3's first story aired earlier this summer, Ms. Lewis is just one of dozens of people who have called and emailed saying this exact problem happened to them. They also say it has taken months for technicians to get the LG part, and once they finally get it, it doesn't work. "I don't have two or three more months. The holidays are coming," Lewis said, adding that she hosts Thanksgiving every year and has a lot of people at her house. "I need my refrigerator." After some research, Channel 3 learned that LG has recently been hit with a class-action lawsuit by a Pennsylvania firm, alleging that some of their refrigerator compressors are defective. Two lawsuits have been filed in New Jersey Federal Court, one in early August, and then a second in early September when it was amended. The law firm, Chimicles and Tikellis, teamed up with another law firm because of the overwhelming number of customers who complained. Attorney Ben Johns is one lawyer on the case. "We have been contacted by literally hundreds of consumers from all over the country that has experienced these problems," Johns said. That includes people in Connecticut. The lawsuit says "The defects cause problems with the refrigerator's cooling systems, compressors, fans and ice makers." When it fails, it doesn't keep food cold, causing food to spoil and money lost. The lawsuit also mentions that there are so many customers trying to get the compressor fixed, it has "created a significant backlog of replacement compressors . . ." and customers have "to wait unreasonably long periods of time, sometimes many weeks or over a month for repair and replacement services" "Hopefully through the lawsuit, we will be able to get some relief from the company but these things can take a while to work their way through the court system," Johns said. Also in the lawsuit, LG's promise saying "its refrigerators would give them peace of mind and be long-lasting." For someone like Lewis, she feels that's not the case. "When you call their telephone number it says 'LG, life is good.' Like are kidding me? Life is good? Yeah, it's good if you stand by your customers and take care of them. You don't treat customers that spend thousands of thousands of dollars," Ms. Lewis said. LG hasn't returned any requests for comment since the first story aired over the summer. They also haven't responded to the lawsuit. They have until Nov. 17. If you've experienced this problem, here's what you can do: Attorneys say to first, make a complaint with LG so there's a record on file. If you need to buy a new fridge, make sure to keep that receipt. Then, contact the law firm so you can be added to the class action lawsuit. You can do through their website or give them a call. [GN] LIFE HEALTH: Faces Building Solution Suit in S.D. of Fla. --------------------------------------------------------- A class action lawsuit has been filed against Life Health and Fitness Sports Club LLC. The case is styled as Building Solutions NYC Corp., Plaintiff v. Life Health and Fitness Sports Club LLC, Merissa Management Holdings LLC and John and Jane Does 1-10 and others similarly situated, Defendants, Case No. 1:17-cv-23954-UU (S.D. Fla., October 30, 2017). Life Health Fitness is a Fitness, Gym and Personal Training center.[BN] The Plaintiff is represented by: KING & KING LLP. 629 FIFTH AVE. PELHAM, NY 10803 Tel: (914) 380-5970 The Defendants are represented by: EDWARD KRAMER P.C. 271 MADISON AVE, 12TH FL NEW YORK, NY 10016 Tel:(212) 490-1616 LULAROE CO: Faces Second Class Action Over "Pyramid Scheme" ----------------------------------------------------------- The Fashion Law reports that LuLaRoe, the multi-level marketing retailer, has a thing or two in common with gangs and the mafia, according to a new lawsuit. The billion dollar California-based apparel company has been hit with a second class action lawsuit in under a month, both of which classify the company as a "pyramid scheme," and this time, it is also being charged with violating the federal Racketeer Influenced and Corrupt Organizations Act, which was enacted thanks to a section in the Organized Crime Control Act of 1970, and serves as one of the government's most important tools in the fight against organized crime. In the most recent case, which was filed in federal court in California on October 23, Aki Berry, Cheryl Hayton, and Tiffany Scheffer -- former LuLaRoe sales representatives -- are seeking $1 billion in damages after they claim that they were "unknowingly recruited into [LuLaRoe's] pyramid scheme through manipulation and misinformation. [They] were told that the opportunity entailed 'part-time work for full time pay.' This was not the case." Berry, Hayton, and Scheffer claim that LuLaRoe -- which was founded by DeAnne Stidham, who, according to the company's website, was a single mother of seven children, when she launched LuLaRoe in 2012 -- relies on individual sellers (technically independent contractors, as distinct from employees), who sign up to act as "consultants" for the brand, and earn a commission based on their sales. The three women allege that "once consultants sign up, they are pressure to invest and reinvest by purchasing [increasing amounts of LuLaRoe] clothing products -- regardless of whether they were able to sell their inventory." They claim that they "and tens of thousands of other consultants never even made a profit. Instead, they were duped by [LuLaRoe's] endless chain scheme that only profited a few and only made payments to consultants based on how much product those consultants and their recruits purchased on a regular basis." Berry, Hayton, and Scheffer further assert that regardless of how "committed" consultants are or how much "time and effort they put in," LuLaRoe's business model set its consultants up to fail. "They failed because they were doomed from the start," states the complaint. By "paying millions to those few at the top of the company at the expense of the many at the bottom through a 'pyramid scheme' or 'endless chain,'" as many as 80,000 people, according to the plaintiffs, LuLaRoe is running afoul of the law, namely, the Racketeer Influenced and Corrupt Organizations Act, and California's Unfair Competition Law, among others. Some of the questions that the lawsuit alleges are at issue include: "Whether Defendants were (and for how long) or are currently operating an unlawful scheme," "Whether Defendants omitted to inform Plaintiffs and the Class Members that they were entering into an illegal scheme where an overwhelming number of participants lose money," and Whether Defendants engaged in acts of mail and/or wire fraud in direct violation of RICO." In addition to a trial and monetary damages, the named plaintiffs have asked the court to certify their class action suit to enable "all persons who were and are LuLaRoe consultants from 2013 until present" to join the suit and share in the ultimate monetary settlement. LuLaRoe has called both recent lawsuits "baseless and inaccurate." [GN] LVNV FUNDING: Faces "Godson" Suit in S. Dist. New York ------------------------------------------------------ A class action lawsuit has been filed against LVNV Funding, LLC. The case is styled as Christopher Godson, individually and on behalf of all others similarly situated, Plaintiff v. Eltman, Eltman & Cooper, P.C., LVNV Funding, LLC and PKF O'Connor Davies, LLP, Defendants, Case No. 1:17-mc-00434 (S.D. N.Y., November 2, 2017). LVNV Funding purchases portfolios of consumer debt throughout the United States.[BN] The Plaintiff appears PRO SE. MARTINOS ITALIAN: "Garfias" Suit Alleges FLSA Violation ------------------------------------------------------- Octavio Garfias, and all others similarly-situated v. Martino's Italian Cuisine & Pizzeria, Inc., Rosaria Battaglia, and Tony Battaglia, Case No. 1:17-cv-07659 (N.D. Ill., October 23, 2017), is brought against the Defendants for violations of the Fair Labor Standards Act, the Illinois Minimum Wage Law, and the Chicago Minimum Wage Ordinance. Plaintiff Octavio Garfias worked as a dishwasher and cleaner at the Defendants' restaurant from June 2013 to August 2017. Defendants own and operate the restaurant, Martino's Italian Cuisine & Pizzeria, located at 3431 W. Peterson Avenue in Chicago, Illinois. [BN] The Plaintiff is represented by: Javier Castro, Esq. Lydia Colunga-Merchant, Esq. RAISE THE FLOOR ALLIANCE - LEGAL DEPT. 1 N. LaSalle, Suite 1275 Chicago, IL 60602 Tel: (312) 795-9115 MARUKAI CORP: "Henriquez" Suit Alleges Labor Code Violations ------------------------------------------------------------ Delmy Henriquez, and all others similarly-situated v. Marukai Corporation and Does 1 through 100, Case No. BC680149 (Cal. Super., October 18, 2017), seeks to recover unpaid wages and penalties under the California Business and Professional Code, Labor Code and Industrial Welfare Commission Wage Order. Plaintiff Delmy Henriquez was hired by Defendants in or about August of 2015, until Plaintiff's employment with Defendant was terminated during Plaintiffs medical leave in Summer of 2017. Plaintiff's job duties included general support in the produce and meat departments, and other related tasks for Defendant's grocery business. Established in 1965, Defendant Marukai Corporation was the first international Japan-based retailer to offer a wholesale market and membership system. [BN] The Plaintiff is represented by: Christopher L. Burrows, Esq. BURROWS LAW FIRM 8383 Wilshire Boulevard, Suite 634 Beverly Hills, CA 90211 Tel: (310) 526-9998 Fax: (424) 644-2446 E-mail: cburrows@.cburrowslaw.com - and - Sean M. Novak, Esq. NOVAK LAW FIRM, P.C. 8383 Wilshire Boulevard, Suite 634 Beverly Hills, CA 90211 Tel: (323) 424-4313 Fax: (323) 424-4357 E-mail: smn@novaklawfirm.com MERCHANTS CREDIT: Faces "Reid" Suit in District of New Jersey ------------------------------------------------------------- A class action lawsuit has been filed against Merchants Credit Guide Co. The case is styled as Tashee Reid, individually and on behalf of all others similarly situated, Plaintiff v. Merchants Credit Guide Co., Defendant, Case No. 1:17-cv-09487 (D. N.J., October 26, 2017). Merchants Credit Guide Co. operates as a consumer and commercial accounts receivable management firm in the United States.[BN] The Plaintiff appears PRO SE. MI COURIER: "Villani" Suit Alleges FLSA Violations -------------------------------------------------- Louis Villani, and all others similarly-situated v. M.I. Courier Services Inc. aka M.I. Courier Services Inc. of New York, and Julius C. Gotay, Case No. 1:17-cv-23833 (S.D. Fla., October 18, 2017), is brought against the Defendants for overtime and minimum pay violations under Fair Labor Standards Act. Plaintiff Louis Villani is a resident of Miami-Dade County, Florida and worked for the Defendants as courier from July 2016 to September 2017. The Defendants own and operate a courier service company. [BN] The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Tel: (305) 865-6766 Fax: (305) 865-7167 E-mail: zabogado@aol.com MIRACLE-EAR INC: "Charvat" Suit Alleges TCPA Violations ------------------------------------------------------- Philip Charvat, and all others similarly-situated v. Miracle-Ear, Inc., Case No. 2:17-cv-00940 (S.D. Ohio, October 25, 2017), is brought against the Defendant for violations of the Telephone Consumer Protection Act. The Plaintiff alleges that Miracle-Ear, Inc. initiated telemarketing calls to a residential telephone number Mr. Charvat had registered on the National Do Not Call Registry for the purposes of advertising its goods and services. Plaintiff Philip Charvat placed his residential telephone number on the National Do Not Call Registry more than five years prior to the calls at issue. Defendant Miracle-Ear is a company that sells and services hearing devices. [BN] The Plaintiff is represented by: Brian K. Murphy, Esq. Jonathan P. Misny, Esq. MURRAY MURPHY MOUL + BASIL LLP 1114 Dublin Road Columbus, OH 43215 Tel: (614) 488-0400 Fax: (614) 488-0401 E-mail: murphy@mmmb.com misny@mmmb.com NEIMAN MARCUS GROUP: Faces "Lopez" Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against The Neiman Marcus Group LLC. The case is styled as Victor Lopez and On Behalf Of All Other Persons Similarly Situated, Plaintiff v. The Neiman Marcus Group LLC, Neiman Marcus Group, Inc. and Bergdorf Goodman, Inc., Defendants, Case No. 1:17-cv-08303 (S.D. N.Y., October 27, 2017). The Neiman Marcus Group, LLC engages in the online sale of designer apparel, shoes, handbags, jewelry, and beauty products.[BN] The Plaintiff is represented by: Bradly Gurion Marks, Esq. The Law Offices of Bradly G. Marks 280 Park Avenue South New York, NY 10010 Tel: (646) 770-3775 Fax: (212) 254-4202 Email: bmarkslaw@gmail.com NETWORK RECOVERY: Faces "Reizes" Suit in E. Dist. New York ---------------------------------------------------------- A class action lawsuit has been filed against Network Recovery Services, Inc. The case is styled as Esther Reizes, on behalf of herself and all other similarly situated consumers, Plaintiff v. Network Recovery Services, Inc., Defendant, Case No. 1:17-cv-06292 (E.D. N.Y., October 27, 2017). Network Recovery Services, Inc. is engaged in Adjustment and Collection Services.[BN] The Plaintiff is represented by: Adam Jon Fishbein, Esq. Adam J. Fishbein, P.C. 735 Central Avenue Woodmere, NY 11598 Tel: (516) 668-6945 Email: fishbeinadamj@gmail.com NEUSTAR INC: Teamsters Fund Files Suit Over Sale to Golden Gate --------------------------------------------------------------- Teamsters Local 210 Affiliated Pension Trust Fund, individually and on behalf of all others similarly situated, Plaintiff, v. Neustar, Inc., Lisa A. Hook, James G. Cullen, Paul D. Ballew, Joel P. Friedman, Mark N. Greene, Ross K. Ireland, Paul A. Lacouture, Deborah D. Rieman, Michael J. Rowny and Hellene S. Runtagh, Defendants, Case No. 17-cv-01145, (E.D. Va., October 12, 2017), seeks compensatory damages resulting from the acquisition of NeuStar, Inc. by Golden Gate Private Equity, Inc. through Aerial Topco, L.P. and Aerial Merger Sub, Inc. The lawsuit seeks reasonable allowance for plaintiff's attorneys' and experts' fees and such other and further relief under the Securities Exchange Act of 1934. NeuStar is a technology company and global real-time information services provider. NeuStar is currently the Local Number Portability Administrator (LNPA) and manages the Number Portability Administration Center. Number portability allows telephone customers to retain their phone number if they switch telephone service providers. In 2015, the Federal Communications Commission approved the selection of a competitor, Telcordia Technologies Inc. to serve as the next LNPA and provide said services in the United States. NeuStar expects to lose approximately $500 million of annual revenue that will adversely impact its income from operations and operating margin. NeuStar management estimated a transition date for the new contract on September 30, 2018. However, the merger's proxy statement was inconsistent with the expected transition date, that NeuStar allegedly knew that this would be delayed. NeuStar would still generate a material level of annual revenue resulting from this extension of the time during which NeuStar would continue to provide services and this substantially accretive to NeuStar's valuation. Stockholders of NeuStar would receive $33.50 per share in cash which was deemed inadequate in the light of this delay. Hook, Cullen, Ballew, Friedman, Greene, Ireland, Lacouture, Rieman, Rowny and Runtagh are members of the Neustar Board. Teamsters Local 210 Affiliated Pension Trust Fund own Neustar securities. [BN] Plaintiff is represented by: Craig C. Reilly, Esq. 111 Oronoco Street Alexandria, VA 22314 Tel: (703) 549-5354 Fax: (703) 549-5355 Email: craig.reilly@ccreillylaw.com - and - Samuel H. Rudman, Esq. Mario Alba Jr., Esq. Mark S. Reich, Esq. Alan I. Ellman, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road, Suite 200 Melville, NY 11747 Telephone: 631/367-7100 631/367-1173 (fax) Email: srudman@rgrdlaw.com malba@rgrdlaw.com mreich@rgrdlaw.com aellman@rgrdlaw.com - and - David T. Wissbroecker, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-8498 Telephone: (619) 231-1058 Fax: (619) 231-7423 Email: dwissbroecker@rgrdlaw.com NISSAN NORTH: Faces U Can Rent Suit in M.D. Alabama --------------------------------------------------- A class action lawsuit has been filed against Nissan North America, Inc. The case is styled as U Can Rent, LLC and Pamela Pritchett, on behalf of herself and all others similarly situated, Plaintiffs v. Nissan North America, Inc., Defendant, Case No. 2:17-cv-00736-TFM (M.D. Ala., October 27, 2017). Nissan North America, Inc. designs, develops, manufactures, and markets Nissan and Infiniti vehicles in the United States, Canada, and Mexico.[BN] The Plaintiffs are represented by: Taylor Christopher Bartlett, Esq. Heninger Garrison Davis 2224 First Ave N Birmingham, AL 35203 Tel: (205) 326-3336 Email: tbartlett@hgdlawfirm.com - and - Troy Robin King, Esq. The Law Offices of Troy King 7065 Fain Park Drive; Suite 203 Montgomery, AL 36117 Tel: (334) 215-4440 Fax: (334) 215-4438 Email: troy@troykinglaw.com - and - William Lewis Garrison, Jr., Esq. Heninger Garrison Davis, L.L.C. 2224 1st Avenue North Birmingham, AL 35203 Tel: (205) 326-3336 Fax: (205) 326-3332 Email: lewis@hgdlawfirm.com OKLAHOMA: Faces Class Action Over Drug Rehabilitation Program ------------------------------------------------------------- Associated Press reports that a class-action lawsuit filed against an Oklahoma drug rehabilitation program alleges participants were forced to perform thousands of hours of free labor for businesses and individuals in Oklahoma and Arkansas. The ACLU of Oklahoma filed the suit on Nov. 1 on behalf of seven people. It alleges the Drug and Alcohol Recovery Program "created a pipeline for forced labor" and human trafficking at its facilities in Tahlequah, Oklahoma, and Decatur, Arkansas. Oklahoma district courts have ordered drug and alcohol offenders to participate in the program as an alternative to incarceration. The lawsuit says participants work under threat of imprisonment and live in squalor. The lawsuit is among several filed after nonprofit news outlet Reveal from The Center for Investigative Reporting published a story exposing the questionable practices of some court-ordered diversion programs. [GN] ORLANDO BATHING: Faces "Conner" Suit in E. Dist. New York --------------------------------------------------------- A class action lawsuit has been filed against Orlando Bathing Suit, LLC. The case is styled as Mary Conner, individually and as the representative of a class of similarly situated persons, Plaintiff v. Orlando Bathing Suit, LLC doing business as: Everything But Water, Defendant, Case No. 1:17-cv-06372 (E.D. N.Y., November 1, 2017). Orlando Bathing Suit, LLC, doing business as Everything But Water, retails apparel and accessories.[BN] The Plaintiff is represented by: Dan Shaked, Esq. Shaked Law Group, P.C. 44 Court Street, Suite 1217 Brooklyn, NY 11217 Tel: (917) 373-9128 Fax: (718) 504-7555 Email: shakedlawgroup@gmail.com OSTERKAMP TRANSPORTATION: "Sanchez" Suit Alleges Labor Violations ----------------------------------------------------------------- Adriana C. Sanchez and Tina Ramos, and all others similarly- situated v. Osterkamp Transportation Group, Osterkamp Trucking, Inc., Dedicated Fleet Systems, Inc., Frontier Transportation, Inc. and Does 1 through 50, Case No. BC680253 (Cal. Super., October 18, 2017), is brought against the Defendants for alleged violations of the California Labor Code and California Business and Professional Code. Plaintiffs Adriana C. Sanchez and Tina Ramos are residents in the State of California and were employed by the Defendants. The Defendants provide trucking services. The Defendants offer truckload building materials and dry goods transportation services. Osterkamp operate in the State of California. [BN] The Plaintiffs are represented by: OShaun Setareh, Esq. Thomas Segal, Esq. SETAREH LAW GROUP 9454 Wilshire Boulevard, Suite 907 Beverly Hills, CA 90212 Tel: (310) 888-7771 Fax: (310) 888-0109 E-mail: shaun@setarehlaw.com thomas@setarehlaw.com PENN CREDIT: Faces "Regan" Suit in Eastern District New York ------------------------------------------------------------ A class action lawsuit has been filed against Penn Credit Corporation. The case is styled as Patricia Regan, on behalf of herself and all others similarly situated, Plaintiff v. Penn Credit Corporation, Defendant, Case No. 1:17-cv-06374 (E.D. N.Y., November 1, 2017). Penn Credit was founded in 1987. The company's line of business includes collection and adjustment services on claims and other insurance.[BN] The Plaintiff is represented by: Joseph H. Mizrahi, Esq. Joseph H. Mizrahi Law, P.C. 337 Avenue W, Suite 2f Brooklyn, NY 11223 Tel: (917) 299-6612 Fax: (347) 665-1545 Email: jmizrahilaw@gmail.com PLAZA SERVICES: Faces "Aikins" Suit in N. Dist. Tex. ---------------------------------------------------- A class action lawsuit has been filed against Plaza Services LLC. The case is styled as Kizzy Aikins, individually and on behalf of all others similarly situated, Plaintiff v. Plaza Services LLC, Defendant, Case No. 3:17-cv-02949-B (N.D. Tex., October 26, 2017). Plaza Services purchases and enhances the value of accounts receivable portfolios by creating value for sellers and industry partners.[BN] The Plaintiff is represented by: Seth Crosland, Esq. Crosland Law Firm PLLC 1848 Norwood Plaza, Suite 205B Hurst, TX 76054 Tel: (972) 591-6919 Fax: (972) 408-0713 Email: seth@croslandlawfirm.com POINT BLANK: Ohio State Troopers Files Suit Over Warranties ----------------------------------------------------------- Ohio State Troopers Association, Inc., International Union of Police Associations, Trooper Trevor Koontz, Sergeant Ryan Purpura, and Trooper Steven "Eric" Rohner, and all others similarly- situated v. Point Blank Enterprises, Inc., Case No. 0:17-cv-62051 (S.D. Fla., October 19, 2017), is brought against the Defendant for alleged breach of express and implied warranties on its Self- Suspending Ballistic System vests. The Plaintiffs allege that Defendant breached its express and implied warranties, and misrepresented and omitted material facts regarding the quality, condition, suitability and safety of the SSBS Vests, and concealed that these vests contain a manufacturing defect which has created an imminent and substantial danger and risk of injury and death to the Individual Plaintiffs and others who use and depend upon the vests, many of whom are law enforcement officers whose job it is to protect the public. Plaintiff Ohio State Troopers Association, Inc. is a membership organization whose members are Ohio State Highway Patrol Troopers and others. Plaintiff International Union of Police Associations is organized and licensed in the State of Florida and maintains its headquarters in Sarasota, Florida. Founded in 1966, it is the only AFL-CIO union chartered exclusively for law enforcement and law enforcement support personnel. The Individual Plaintiffs purchased Defendant's SSBS Vests. Defendant Point Blank Enterprises, Inc. manufactures law enforcement and military protective products, including ballistic resistant soft body armor to police officers and others all across the United States and the world. PBE manufactures these products through wholly-owned subsidiaries and/or brand names, including, Point Blank Body Armor, Inc., Paraclete, Protective Products Enterprises, Protective Apparel Corporation of America and others. PBE is a corporation organized under the laws of the State of Florida, maintaining its principal office and manufacturing facility in Pompano Beach, Florida. [BN] The Plaintiffs are represented by: Michael W. Moskowitz, Esq. MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A. 800 Corporate Drive, Suite 500 Ft. Lauderdale, FL 33334 Tel: (954) 491-2000 Fax: (954) 491-2051 E-mail: mmoskowitz@mmsslaw.com - and - Allan Kanner, Esq. Cynthia St. Amant, Esq. KANNER & WHITELEY, LLC 701 Camp Street New Orleans, LA 70130 Tel: (504) 524-5777 Fax: (504) 524-5763 E-mail: a.kanner@kanner-law.com c.stamant@kanner-law.com - and - David M. Cohen, Esq COMPLEX LAW GROUP, LLC 40 Powder Springs Street Marietta, GA 30064 Tel: (770) 200-3100 Fax: (770) 200-3101 E-mail: dcohen@complexlaw.com PROFESSIONAL CLAIMS: "Faust" Suit Alleges FDCPA Violation --------------------------------------------------------- Frederick Faust, and all others similarly-situated v. Professional Claims Bureau, Inc., Case No. 2:17-cv-06036 (E.D. N.Y., October 16, 2017), seeks redress for the alleged illegal practices of Defendant concerning the collection of debts in violation of the Fair Debt Collection Practices Act. Plaintiff Frederick Faust is a resident of New York and is a consumer. Defendant Professional Claims Bureau, Inc. is a debt collector and has its principal place of business located in Garden City, New York. [BN] The Plaintiff is represented by: Jacob Silver, Esq. 237 Club Drive Woodmere, NY 11598 Tel: (718) 855-3834 Fax: (718) 797-4141 E-mail: silverbankruptcy@gmail.com PROMPT APPAREL: "Trigueros" Suit Alleges Labor Code Violations -------------------------------------------------------------- Ana Trigueros, and all others similarly-situated v. Prompt Apparel LA, Inc., Citistaff Solutions, Inc. and Does 1 through 100, Case No. BC680180 (Cal. Super., October 18, 2017), is brought against the Defendants for alleged violations of the California Labor Code and California Business and Professional Code. Plaintiff Ana Trigueros is a resident of Los Angeles, California. Plaintiff's primary employment duties with Defendants included, preparing, scanning, packing and unloading shipments. Defendant Prompt Apparel is engaged in warehousing, trucking, and e-commerce shipping. [BN] The Plaintiff is represented by: Michael Nourmand, Esq. THE NOURMAND LAW FIRM, APC 8822 West Olympic Boulevard Beverly Hills, CA 90211 Tel: (310) 553-3600 Fax: (310) 553-3603 - and - Mehrdad Bokhour, Esq. BIBIYAN & BOKHOUR, P.C. 287 S. Robertson Blvd., Suite 303 Beverly Hills, CA 90211 Tel: (310) 975-1493 Fax: (310) 300-1705 QUINTIS LTD: Anthony Murphy Joins JustKapital, Class Suit Pending ----------------------------------------------------------------- Myriam Robin, writing for Financial Review, reports that the man who used to raise capital for now-embattled sandlewood company Quintis has just been appointed to the board of JustKapital, which is funding the class action against Quintis. Yep, you read that right! Anthony Murphy was on Oct. 31 appointed to the JustKapital board. He's there because he heads up Lucerne Investment Partners, which owns 6 per cent of JustKapital and is also a lender and adviser to the litigation funder. Last month, Bannister Law began a class action against Quintis alleging the company failed to meet its continuous disclosure obligations when it took six months to disclose the loss of a major contract. That action is being funded by JustKapital. Which is funny, because its newest director has a long history with Quintis. When he was at Canaccord, Mr. Murphy used to raise capital for Quintis' sandlewood investment schemes. He left Canaccord to head up Lucerne in 2015. But some of his links to Quintis, which has been suspended from trading on the ASX since May, are more recent than that. Mr. Murphy was a co-plaintiff in a US case brought by ex-Quintis chief and founder Frank Wilson against Emerging Markets Intrinsic, an asset management company based in the Cayman Islands. The case concluded with no findings against any party in June. Court docs filed by the plaintiffs (companies associated with Messrs. Wilson and Murphy) show Mr. Murphy had a hand in arranging Mr. Wilson's margin loan with Emerging Markets Intrinsic. And JustKapital may even have been dragged into the action. When Murphy filed testimony alleging fraudulent behaviour on the part of Emerging Markets Intrinsic, it was claimed by the plaintiffs that the defendants began bombarding him with abusive text and social media messages. Some of these messages threatened to tell Murphy's other corporate clients about what had happened, with one set of messages saying "JKL" had been emailed. Which is the JustKapital ASX code. [GN] RACHEL ON NINTH: Faces "Almazo" Suit in S. Dist. New York --------------------------------------------------------- A class action lawsuit has been filed against Rachel On Ninth Corp. The case is styled as Miguel Almazo and Manuel Olguin on behalf of others similarly situated, Plaintiffs v. Rachel On Ninth Corp. doing business as: Patron Mexican Grill, Patrick S. Lima, Louis Colantonio, Christopher J. Cooper and Ciro Colantonio, Defendants, Case No. 1:17-cv-08324 (S.D. N.Y., October 27, 2017). Patron Mexican Grill authentic Mexican fare.[BN] The Plaintiffs appear PRO SE. REGENCE BLUESHIELD: Faces "S" Suit in W.D. of Washington -------------------------------------------------------- A class action lawsuit has been filed against Regence BlueShield. The case is styled as E. S., by and through her parents, R.S. and J.S. and Jodi Sternoff, on her own behalf, and on behalf of all similarly situated individuals, Plaintiffs v. Regence BlueShield and Cambia Health Solutions, Inc. formerly known as: The Regence Group, Defendant, Case No. 2:17-cv-01609 (W.D. Wash., October 30, 2017). The Defendants are engaged in the insurance business.[BN] The Plaintiffs are represented by: Richard E Spoonemore, Esq. SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WA 98104 Tel: (206) 223-0303 Fax: (206) 223-0246 Email: rspoonemore@sylaw.com - and - Eleanor Hamburger, Esq. SIRIANNI YOUTZ SPOONEMORE HAMBURGER 701 FIFTH AVENUE, SUITE 2560 SEATTLE, WA 98104 Tel: (206) 223-0303 Fax: (206) 223-0246 Email: ehamburger@sylaw.com RIO TINTO: "Colbert" Suit Alleges Securities Exchange Act Breach ---------------------------------------------------------------- Anton Colbert, and all others similarly-situated v. Rio Tinto plc, Rio Tinto Limited, Thomas Albanese, and Guy Robert Elliott, Case No. 1:17-cv-08169 (S.D. N.Y., October 23, 2017), is brought against the Defendants for violations of the Securities Exchange Act of 1934. This is a federal securities class action on behalf of all investors who purchased or acquired Defendant Rio Tinto PLC securities between October 23, 2012 and February 15, 2013, inclusive. Collectively, Defendants Rio Tinto plc and Rio Tinto Limited comprise an international mining group that is headquartered in the United Kingdom and that does business as "Rio Tinto Group." Defendant Thomas Albanese was the Chief Executive Officer of Rio Tinto from May 2007 until January 2013. Defendant Guy Robert Elliot was the Chief Financial Officer of Rio Tinto plc and Rio Tinto Limited from 2002 to April 18, 2013. [BN] The Plaintiff is represented by: Jason A. Zweig, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 555 Fifth Avenue, Suite 1700 New York, NY 10017 Tel: (212) 752-5455 Fax: (917) 210-3980 E-mail: jasonz@hbsslaw.com RYDER SYSTEM: Faces "Gomez" Suit in Southern District of Florida ---------------------------------------------------------------- A class action lawsuit has been filed against Ryder System, Inc. The case is styled as Andres Gomez, on his own and on behalf of all other individuals similarly situated, Plaintiff v. Ryder System, Inc., a Florida corporation, Defendant, Case No. 1:17-cv- 23951-MGC (S.D. Fla., October 30, 2017). Ryder System, Inc. offers commercial fleet management and supply chain solutions.[BN] The Plaintiff is represented by: Pamela Elizabeth Chavez, Esq. The Advocacy Group, P.A. 333 Las Olas, Suite CU3-311 Fort Lauderdale, FL 33301 Tel: (954) 282-1858 Fax: (844) 786-3694 Email: pchavez@advocacypa.com - and - Jessica Lynn Kerr, Esq. Jessica L.Kerr, P.A. dba The Advocacy Group 333 Las Olas Way, Suite CU3-311 Fort Lauderdale, FL 33301 Tel: (954) 282-1858 Fax: (844) 786-3694 Email: service@advocacypa.com SAFEWAY INC: "Womack" Sues for Illegal Charges Over Grocery Bag --------------------------------------------------------------- Brian Womack, individually and on behalf of all others similarly situated, Plaintiff, v. Safeway, Inc., Defendants, Case No. RG17878467, (Cal. Super., October 12, 2017), is a class action against Safeway Inc. for illegally charging Plaintiff for reusable or recycled paper bags when using an Electronic Benefit Transfer card to shop for groceries, in violation of California Public Resources Code, Unfair Competition Law and the California Consumers Legal Remedies Act. Safeway Inc. maintains and operates over 1,300 stores across the United States including 266 Safeway stores in Northern California and Hawaii and 273 Vons stores in Southern California and Nevada. [BN] Plaintiff is represented by: Lionel Z. Glancy Kevin F. Ruf, Esq. Marc. L. Godino, Esq. Mark S. Greenstone, Esq. Danielle L. Manning, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310)201-9150 Facsimile: (310)201-9150 Email: kevinruf@gmail.com mgodino@glancylaw.com mgreenstone@glancylaw.com SAMSUNG ELECTRONICS: "Bradley" Suit Transferred to D. Okla. ----------------------------------------------------------- The case captioned Anika Bradley, on behalf of herself and all others similarly situated, Plaintiff, v. Samsung Electronics America, Inc., Samsung Electronics Co., Ltd, The Home Depot, Inc., Lowe's Home Centers, LLC., Best Buy Co., Inc., Sears Holding Corporation, Defendants, Case No. 17-cv-171 (M.D.N.C., February 28, 2017), was transferred to the U.S. District Court for the Western District of Oklahoma on October 12, 2017, under Case No. 17-cv-01104. Bradley seeks relief in the form of an injunction against Defendants from any further sales of the recalled washing machines and to take such other remedial action as may otherwise be requested herein and money damages to adequately and reasonably compensate owners of the recalled washing machines who have purchased defective and dangerous Samsung washing machines in violation of the Magnuson-Moss Act and violation of state consumer protection laws. On November 4, 2016, Samsung announced a recall involving 34 models of Samsung top-load washing machines with mid-controls or rear-controls. The washing machine top unexpectedly detaches from the washing machine chassis during use, posing a risk of injury from impact. Bradley purchased one of the subject Samsung washing machines (model number WA50K8600AV/A2) from a Lowe's Companies, Inc. store, in Greensboro, North Carolina. Samsung is a major designer, manufacturer, marketer, and seller of consumer appliances, including washing machines, which it distributes throughout the United States. The Home Depot, Inc., Lowe's Home Centers, LLC, Best Buy Co., Inc. and Sears Holding Corporation are major retail outlets selling appliances, including Samsung washing machines. [BN] Plaintiff is represented by: Guy W. Crabtree, Esq. PULLEY WATSON KING & LISCHER, P.A. Durham, NC 27702 Tel: (919) 682-9691 Fax: (919) 688-9107 - and - William B Federman, Esq. FEDERMAN & SHERWOOD 10205 N Pennsylvania Ave. Oklahoma City, OK 73120 Tel: (405) 235-1560 Fax: (405) 239-2112 wbf@federmanlaw.com SAMSUNG ELECTRONICS: "Mikrut" Suit Transferred to D. Okla. ---------------------------------------------------------- The case captioned Katherine Mikrut, on behalf of herself and all others similarly situated, Plaintiff, v. Samsung Electronics America, Inc., Samsung Electronics Co., Ltd, The Home Depot, Inc., Lowe's Home Centers, LLC., Best Buy Co., Inc., Sears Holding Corporation, Defendants, Case No. 17-cv-1525 (S.D. N.Y., March 1, 2017), was transferred to the U.S. District Court for the Western District of Oklahoma on October 12, 2017 under Case No. 17-cv- 01100. Mikrut seeks relief in the form of an injunction against Defendants from any further sales of the recalled washing machines and to take such other remedial action as may otherwise be requested herein and money damages to adequately and reasonably compensate owners of the recalled washing machines who have purchased defective and dangerous Samsung washing machines in violation of the Magnuson-Moss Act and violation of state consumer protection laws. On November 4, 2016, Samsung announced a recall involving 34 models of Samsung top-load washing machines with mid-controls or rear-controls. The washing machine top unexpectedly detaches from the washing machine chassis during use, posing a risk of injury from impact. Mikrut purchased one of the subject Samsung washing machines (model number WA50F9A7DSP/A2) from a Lowe's Companies Inc. store in Schenectady, New York. Samsung is a major designer, manufacturer, marketer, and seller of consumer appliances, including washing machines, which it distributes throughout the United States. The Home Depot, Inc., Lowe's Home Centers, LLC, Best Buy Co., Inc. and Sears Holding Corporation are major retail outlets selling appliances, including Samsung washing machines. [BN] Plaintiff is represented by: William B Federman, Esq. FEDERMAN & SHERWOOD 10205 N Pennsylvania Ave. Oklahoma City, OK 73120 Tel: (405) 235-1560 Fax: (405) 239-2112 wbf@federmanlaw.com SAMSUNG ELECTRONICS: "Pronstroller" Suit Transferred to D. Okla. ---------------------------------------------------------------- The case captioned Tracy Pronstroller, on behalf of herself and all others similarly situated, Plaintiff, v. Samsung Electronics America, Inc., Samsung Electronics Co., Ltd, The Home Depot, Inc., Lowe's Home Centers, LLC., Best Buy Co., Inc., Sears Holding Corporation, Defendants, Case No. 17-cv-163 (W.D. Tex., March 1, 2017), was transferred to the U.S. District Court for the Western District of Oklahoma on October 12, 2017 under Case No. 17-cv- 01101. Pronstroller seeks relief in the form of an injunction against Defendants from any further sales of the recalled washing machines and to take such other remedial action as may otherwise be requested herein and money damages to adequately and reasonably compensate owners of the recalled washing machines who have purchased defective and dangerous Samsung washing machines in violation of the Magnuson-Moss Act and violation of state consumer protection laws. On November 4, 2016, Samsung announced a recall involving 34 models of Samsung top-load washing machines with mid-controls or rear-controls. The washing machine top unexpectedly detaches from the washing machine chassis during use, posing a risk of injury from impact. Pronstroller purchased one of the affected Samsung washing machines (model number WA56H9000AP/A2) from a Best Buy Co., Inc. store in San Antonio, Texas. Samsung is a major designer, manufacturer, marketer, and seller of consumer appliances, including washing machines, which it distributes throughout the United States. The Home Depot, Inc., Lowe's Home Centers, LLC, Best Buy Co., Inc. and Sears Holding Corporation are major retail outlets selling appliances, including Samsung washing machines. [BN] Plaintiff is represented by: William B Federman, Esq. FEDERMAN & SHERWOOD 10205 N Pennsylvania Ave. Oklahoma City, OK 73120 Tel: (405) 235-1560 Fax: (405) 239-2112 wbf@federmanlaw.com SETERUS INC: Faces "Koepplinger" Suit in Middle District of NC -------------------------------------------------------------- A class action lawsuit has been filed against Seterus, Inc. The case is styled as Kenneth Koepplinger, on behalf of himself and others similarly situated, Plaintiff v. Seterus, Inc., Defendant, Case No. 1:17-cv-00995-UA-LPA (M.D.N.C., November 2, 2017). Seterus, Inc. is a specialty loan servicing company.[BN] The Plaintiff is represented by: KARL S. GWALTNEY, Esq. MAGINNIS LAW, PLLC 4801 GLENWOOD AVE., STE. 310 RALEIGH, NC 27612 Tel: (919) 960-1545 Fax: (919) 882-8763 Email: kgwaltney@maginnislaw.com - and - PATRICK M. WALLACE, Esq. WHITFIELD BRYSON & MASON, LLP 900 WEST MORGAN STREET RALEIGH, NC 27603 Tel: (336) 358-4153 Fax: (919) 600-5035 Email: pat@wbmllp.com - and - SCOTT C. HARRIS, Esq. LEWIS & ROBERTS, PLLC POB 17529 RALEIGH, NC 27619 Tel: (919) 981-0191 ext. 236 Fax: (919) 981-0431 Email: scott@wbmllp.com - and - ASA C. EDWARDS, IV, Esq. MAGINNIS LAW, PLLC 4801 GLENWOOD AVE., STE. 310 RALEIGH, NC 27612 Tel: (919) 526-0450 Fax: (919) 882-8763 Email: aedwards@maginnislaw.com SHELBY COUNTY, TN: Sued Over Justice System's Computer Problems --------------------------------------------------------------- Jeni Diprizio, writing for localmemphis.com, reports that Shelby County has just been slapped with a $144 million class action lawsuit. This is the third lawsuit over the county's problem plagued jail and courthouse computer system. In this new lawsuit, 30 people say they were kept in jail for days and weeks longer than they should have, or literally got lost in the system. They blame the computer system that was installed more than a year ago. "It doesn't affect you until your baby is in jail," said attorney Patrick Brooks. Mr. Brooks is one the attorney's representing a long list of people who say the computer problems at the jail caused them big problems. Here are two examples from the recent lawsuit: After arresting a woman last fall for not paying City of Bartlett court costs, police tried arresting her three additional times the next month, after she had paid. The invalid arrest warrant stayed in the system for three months. In another instance, a man landed in the Shelby County jail not once, but twice because of the computer problem. In April, he was arrested and spent more than a day in jail before jailers discovered there wasn't a warrant for his arrest. The computer system "had mixed him up for someone else" with a similar name. Two months later, it happened again. This time it took three days to clear up the mistake because jailers couldn't pull him up in the computer system. Mr. Brooks says the problem isn't limited to the jail. He says for the past year, it's permeated the entire court system. "There have been problems, ever since the county installed a $10 million court computer system in October 2016, which is why there are now three lawsuits." Travis Boyd is part of the second lawsuit. He was arrested during a party at his house. Under the law, bond has to be set within 48 hours of your arrest. Mr. Boyd sat in jail a week before the computer system even showed he was there. He literally got lost in the system, and he lost his job and then charges were dropped during his first court appearance. "It was like it was a waste of taxpayer money," said Mr. Boyd. The most recent lawsuit estimates there could be as many as 1000 people who were wrongfully detained an average of three days. Given the computer problems are still happening, critics wonder if it will ever work properly. "They might need to scrap it and get a new system," said Mr. Brooks. A spokesperson for the county was unaware of this newest lawsuit. The county has not commented on any of the previous lawsuits saying it's a legal matter. [GN] SOUTH FLORIDA JAIL: "Jaime" Suit Seeks to Recover Unpaid Overtime ----------------------------------------------------------------- Guillermo Jaime, and all others similarly-situated v. South Florida Jail Ministries, Inc. dba Agape Family Ministries, South Florida Jail Ministries, Inc. dba Agape Network, and Claudio M. Perez, Case No. 1:17-cv-23796 (S.D. Fla., October 17, 2017), seeks to recover unpaid overtime and minimum wages pursuant to the Fair Labor Standards Act. Plaintiff Guillermo Jaime worked for Defendants as a targeted care worker tending to the aged and infirmed from on or about April 2013 through on or about September 19, 2017. Defendants' line of business includes providing one or more of a wide variety of individual and family social, counseling, welfare, or referral services, including refugee, disaster, and temporary relief services. [BN] The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Tel: (305) 865-6766 Fax: (305) 865-7167 E-mail: zabogado@aol.com STERICYCLE INC: Faces "Evans" Suit in C. Dist. Cal. --------------------------------------------------- A class action lawsuit has been filed against Stericycle Inc. The case is styled as Amanda Evans, on behalf of herself and others similarly situated, Plaintiff v. Stericycle Inc., a Delaware corporation, Defendant, Case No. 8:17-cv-01924 (C.D. Cal., November 1, 2017). Stericycle is a compliance company that specializes in collecting and disposing regulated substances, such as medical waste and sharps, pharmaceuticals, hazardous waste, and providing services for recalled and expired goods.[BN] The Plaintiff appears PRO SE. SUTHERLAND GLOBAL: "Jackson" Suit Seeks to Recover Unpaid OT ------------------------------------------------------------ Jasmine Jackson, and all others similarly-situated v. Sutherland Global Services, Inc., Case No. 4:17-cv-03137 (S.D. Tex., October 17, 2017), seeks to recover unpaid overtime compensation, liquidated damages, attorney's fees, costs, and expenses under the Fair Labor Standards Act. Plaintiff Jasmine Jackson is a resident of Texas. She was employed by Sutherland from approximately July 2012 to January 2016. Defendant Sutherland Global Services, Inc. is licensed to do business in the State of Texas, with a principal place of business in Houston, Texas. Defendant is a business process and technology management services company, with nearly 40,000 employees. [BN] The Plaintiff is represented by: Nitin Sud, Esq. SUD LAW P.C. 6750 West Loop South, Suite 920 Bellaire, TX 77401 Tel: (832) 623-6420 Fax: (832) 304-2552 E-mail: nsud@sudemploymentlaw.com SWAROVSKI DIGITAL: Faces "Lopez" Suit S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Swarovski Digital Business Usa Inc. The case is styled as Victor Lopez And On Behalf Of All Other Persons Similarly Situated, Plaintiff v. Swarovski Digital Business Usa Inc, Swarovski North America Limited and Swarovski Retail Ventures Ltd, Defendants, Case No. 1:17-cv-08318 (S.D. N.Y., October 27, 2017). Swarovski Digital Business Usa Inc is a privately held company in Cranston, RI and is a Single Location business, categorized under Precious Stones and Precious Metal Jewelry.[BN] The Plaintiff appears PRO SE. SYNGENTA SEEDS: "Gauntt" Suit Alleges WCPA Violation ---------------------------------------------------- Chep R. Gauntt, and all others similarly-situated v. Syngenta Seeds, Inc., Syngenta AG, Syngenta Crop Protection AG, Syngenta Corporation, Syngenta Crop Protection, LLC and Syngenta Biotechnology, Inc., Case No. 4:17-cv-05166 (E.D. Wash., October 16, 2017), is brought against the Defendants for violation of the Washington Consumer Protection Act, negligent misrepresentation, fraud and violation of the Washington Product Liability Act. Plaintiff Chep R. Gauntt is a citizen of Washington residing in Pasco, Franklin County, Washington. Plaintiff is engaged in the business of planting, growing, harvesting and selling corn. Defendants Syngenta is a multibillion-dollar global agribusiness enterprise that develops and sells genetically modified corn seeds. [BN] The Plaintiff is represented by: James S. Rogers, Esq. LAW OFFICES OF JAMES S. ROGERS 1500 Fourth Avenue, Suite 500 Seattle, WA 98101 Tel: (206) 621-8525 Fax: (206) 223-8224 E-mail: jsr@jsrogerslaw.com - and - Clyde Talbot Turner, Esq. TURNER & ASSOCIATES, P.A. 4705 Somers Ave. S-100 North Little Rock, AR 72116 Tel: (501) 791-2277 Fax: (501) 791-1251 E-mail: tab@tturner.com TARGET CORP: Faces Class Action Over Makeup Product Remover ----------------------------------------------------------- Jenie Mallari-Torres, writing for Legal Newsline, reports that a consumer has filed a class action against Target after a makeup remover product allegedly caused an allergic reaction. Megan McAteer filed a complaint individually and on behalf of all others similarly situated on Oct. 26 in the U.S. District Court for the Central District of California against Target Corp. citing the California Unfair Competition Law, the Consumer Legal Remedies Act and other counts. According to the complaint, the plaintiff purchased Target's Up & Up Cleansing Towelettes - Evening Calm to wash her face and alleges she suffered an allergic reaction after using it. She alleges that the product is marketed that it "gently removes makeup" and hypoallergenic. The plaintiffs hold Target Corp. responsible because the defendant allegedly made material omissions and misrepresentations regarding the product. The plaintiffs request a trial by jury and seek judgment against defendant for punitive, statutory, treble and exemplary damages, declaratory and injunctive relief, statutory and civil penalties, interest, costs, expenses, attorneys' fees, and further relief as the court may deem appropriate. She is represented by Francis "Casey" J. Flynn Jr. of the Law Office of Francis "Casey" J. Flynn Jr. in Los Angeles and Jasper D. Ward IV and Ashton Smith of Jones Ward PLLC in Louisville, Kentucky. U.S. District Court for the Central District of California case number 17-C-07848 [GN] TESLA INC: Faces Shareholder Suit Over Manufacturing Delays ----------------------------------------------------------- Emily Canal, writing for Inc.com, reports that Tesla is facing a shareholder lawsuit alleging that the electric carmaker hid its manufacturing delays from investors, according to CNN Money. Additionally, six other law firms issued statements asking investors to be plaintiffs in a class action suit against Tesla. The news comes after Tesla announced on October 2 that it could only build 260 of its Model 3 vehicles in the third quarter, instead of the 1,500 it had planned to make. The company blamed "production bottlenecks" for the delays, and The Wall Street Journal reported that many of the Model 3 parts were being built by hand instead of on automated assembly lines. Tesla didn't comment on the shareholder suit, according to CNN Money. The Model 3 was introduced in July when Tesla founder and CEO Elon Musk drove the car onstage. Shortly after, he warned employees that the coming months would be difficult. "Frankly, we're going to be in production hell. Welcome, welcome!" he said, according to the Journal. But Tesla is facing more than just "production hell." It's been hit with four other lawsuits recently. Workers have claimed gender, racial, and LGBT discrimination at the plant in Fremont, California. Additionally, the United Auto Workers union filed a complaint with federal labor authorities alleging that employees were terminated for supporting unionizing efforts. Tesla denied both claims, according to CNN Money. [GN] TOYOTA FINANCIAL: Faces "Boyle" Suit in District of New Jersey --------------------------------------------------------------- A class action lawsuit has been filed against Toyota Financial Service. The case is styled as Christine A. Boyle individually and on behalf of those similarly situated, Plaintiff v. Toyota Financial Service, ICU Recovery LLC, Sergio Agosthino, John Does 1-10, ICU Recovery and Transportation Inc and ICU Recovery LLC, Defendants, Case No. 2:17-cv-10730 (D. N.J., November 2, 2017). Toyota Financial Services is a service mark of Toyota Motor Credit Corporation (TMCC), Toyota Motor Insurance Services, Inc. and its subsidiaries.[BN] The Plaintiff appears PRO SE. UNITED STATES: Veterans Sue Over Unsterilized Dental Equipment -------------------------------------------------------------- Ed Treleven, writing for Wisconsin State Journal, reports that a group of six veterans filed a class-action lawsuit on Nov. 1 against the U.S. government, claiming they suffered emotional distress after learning that a dentist at the Veterans Affairs Medical Center in Tomah may have spread blood-borne infections by using unsterilized instruments. In September, the VA Office of Inspector General said in a report that lapses in hygiene by former VA dentist Thomas Schiller could have exposed hundreds of veterans to infections that included HIV and hepatitis. The lawsuit, filed in U.S. District Court in Madison, seeks compensation for emotional distress for 592 veterans who are potential members of the class action, all of whom were treated by Mr. Schiller between October 2015 and October 2016 and were notified by letter that they should be tested for HIV, hepatitis B and hepatitis C. Some of the group was forced to wait for another six months for further blood testing to confirm that they were not infected with any of the diseases, the lawsuit states. None were reported to be infected, the lawsuit states, but while they waited for results, they "were forced to consider that they may have been infected with deadly viruses, may die as a result of having been infected, and/or may have unknowingly infected their loved ones with deadly viruses." The lawsuit alleges that Mr. Schiller was inadequately trained and supervised, and that his superiors knew or should have known that he was breaching established infection control and prevention standards. It also alleges that staff at the dental clinic was inadequately trained to report breaches of care when they occurred. According to the lawsuit: As early as December 2015, the dental assistant assigned to Mr. Schiller was aware that he was using and re-using unsterile dental burs -- bits used to cut or grind teeth -- and reported that to the lead dental hygienist, who said she was "not in her supervisory chain" and needed to tell the chief of dental services. The assistant had previously told the chief of dental services about Schiller's poor hygiene, his failure to use personal protective equipment, and that he occasionally appeared to sleep at his desk, but no action was taken. She chose not to tell the chief of dental services about Mr. Schiller's re-use of burs because she was afraid of retaliation. In mid-October 2016, a substitute hygienist saw Mr. Schiller using an unsterile dental bur on a patient, and reported that to the acting chief of dental services, who later reported it to Tomah VA Medical Center managers. They confronted Schiller about the practice. According to the Inspector General's report, Mr. Schiller was suspended and resigned in December. An internal review found that he used unsterilized burs on about 112 of the 592 patients he saw over the course of a year, and used personal supplies on about 243 of them. The lawsuit is the latest involving the VA Medical Center in Tomah. The government agreed to a $2.3 million settlement with the family of Jason Simcakoski, a former Marine who died in 2014 at the medical center in Tomah from a drug overdose that included opioid painkillers, which critics have said were overprescribed at the medical center. On Nov. 1, U.S. District Judge James Peterson approved the amount of the settlement, but asked that the structure of the payments to Mr. Simcakoski's family be adjusted. [GN] UNITED STATES: Faces Class Action Over Unlawful Disgorgements ------------------------------------------------------------- Angela Bilbow, writing for Commercial Dispute Resolution, reports that following the United States Supreme Court's Kokesh ruling, that any claim for disgorgement brought by the Securities and Exchange Commission was a penalty, Brown Rudnick has filed a multi-billion-dollar class action to recover unlawful disgorgements spanning decades. Brown Rudnick filed a class action complaint against the United States Securities and Exchange Commission (SEC) in the District Court of Massachusetts in Boston on behalf of lead plaintiff Craig Jalbert, trustee of F-Squared Liquidating Trust. Filed on 26 October 2017, the complaint alleges that money the agency has collected for fines and penalties has exceeded the its authority since the 1970s, with the unlawful funds collected having the potential to reach USD 14 billion, including USD 30 million which F-Squared was ordered to pay. The complaint follows the US Supreme Court's June 2017 ruling in Charles Kokesh v SEC, in which it was found that SEC disgorgement -- the return of profits made as a result of a violation -- operates as a 'penalty' under the US Code, and is subject to a five-year statute of limitation period from the date the claim accrued. The longstanding Supreme Court precedent of see Commissioner v Acker (1959), which held that penalties cannot be assessed in the absence of explicit statutory authority, would therefore apply. While the SEC had argued that disgorgement constituted a remedial sanction and is not punitive, the court found that in some circumstances, disgorgement exceeded ill-gotten gains which "leaves the defendant worse off and is therefore punitive". NEW COMPLAINT The class action alleges that "for decades, including six-year limitations period applicable to this complaint, the SEC has been obtaining from hundreds of individuals and entities billions of dollars, including approximately but not less than USD 14.9 billion over the last six years, in purported 'disgorgement'", the vast majority of which it has paid to the US Treasury, and not back to any alleged victims of securities violations. Having advised the court as amicus curiae (friend of the court -- not named in proceedings) in Kokesh, Brown Rudnick is bringing the claim, led by New York partners Alex Lipman, a former branch chief of the SEC's enforcement division, and Justin Weddle, former deputy chief of criminal appeals at the US Attorney's Office in the Southern District of New York. The complaint says that the SEC has no statutory authority to collect a penalty labelled as 'disgorgement' separate from, and often in addition to, a civil penalty; therefore disgorgements were void under the Administrative Procedure Act. In a statement, Mr. Lipman said: "Congress granted the SEC very broad enforcement powers, but it also established clear limits, including capping the size of monetary penalties and prescribing the form these penalties can take. Despite the SEC's understandable instinct to do all it can to punish wrongdoing, it must stay within those limits." Speaking to CDR, Mr. Lipman says that some had expected that Kokesh would lead to more litigation, where defendants were going to challenge the SEC's authority to order disgorgement. "That is happening, people are doing that. However, in this lawsuit, we are not seeking prospective relief on behalf of our client, we are saying that, retrospectively, disgorgement was taken improperly and it needs to be given back." He added that disgorgement, as a concept in which every time a violation of federal securities law is committed, a company has to disgorge any profits that it made -- separate from any statutory penalty, was "is in our view simply a lawless duplicate penalty in the absence of specific statutory authority for additional penalties". It is believed that Mr. Jalbert is the first known class action to be filed against the SEC concerning disgorgement, and while the SEC has some time before it needs to respond, and it could very well move to have the claim dismissed, if such claims are seen as being successful in the next couple of years, the agency may be more forced to look at how it approaches disgorgement. In the longer term, one option is that the SEC could instead seek 'restitution' rather than disgorgement, whereby the money is returned to harmed investors as compensation. Alternatively, it could go to Congress and ask to be given more authority, which it has been known to do over the last couple of decades, with some degree of success. The complaint says that F-Squared does not know the exact size of the proposed class, but it believes there to be "at least hundreds of putative members", so many that joinder of all members is "impracticable". It said: "Unless a class is certified, the SEC will improperly retain monies received as a result if its misreading of its authority and the statutory limits on parties, including penalties imposed as purported 'disgorgement'." The SEC has not responded to request for comment on this matter. In other recent SEC news, last month, Anglo-Australian mining giant Rio Tinto has vowed to fight charges brought against it by the SEC over conduct relating to alleged inflated coal assets in Mozambique. In September, the agency appointed its new litigation chief, former DLA Piper partner Bridget Fizpatrick. That same month, SEC chair Jay Clayton named his top executive staff, which included Kristina Littman, who will serve as lead adviser on all matters relating to the agency's enforcement division. [GN] UNITED STATES: Faces Miami Workers Suit in S.D. of Fla. ------------------------------------------------------- A class action lawsuit has been filed against United States Department of Agriculture. The case is styled as Miami Workers Center, a Florida profit corporation, New Florida Majority, a Florida not for profit corporation, Fulgencio Gallo and Richard Caldas, on behalf of himself and all others similarly situated, Plaintiffs v. Mike Carroll, in his official capacity as Secretary of Florida's Department of Children and Families, Sonny Perdue in his official capacity as Secretary of the United States Department of Agriculture and United States Department of Agriculture, Defendants, Case No. 1:17-cv-24047-PCH (S.D. Fla., November 2, 2017). The Defendants are governments agencies and representatives.[BN] The Plaintiffs are represented by: Alana J Greer, Esq. Florida Legal Services, Inc. 3000 Biscayne Blvd, Suite 102 Miami, FL 33137 Tel: (305) 573-0092 Fax: (305) 576-9664 Email: alana@communityjusticeproject.com - and - Charles F. Elsesser, Jr., Esq. Florida Legal Services Inc 3000 Biscayne Boulevard, Suite 102 Miami, FL 33137 Tel: (305) 573-0092 ext 208 Fax: 576-9664 Email: charles@floridalegal.org - and - Cindy LeAnn Huddleston, Esq. Florida Legal Services, Inc. 2425 Torreya Dr Tallahassee, FL 32303 Tel: (850) 385-7900 Email: cindy@floridalegal.org - and - JoNel Newman, Esq. University of Miami 1311 Miller Drive Coral Gables, FL 33124 Tel: (305) 284-4125 Fax: 284-1588 Email: jnewman@law.miami.edu - and - Kathy Newman Grunewald, Esq. Florida Legal Services, Inc. 2425 Torreya Drive Tallahassee, FL 32303 Tel: (850) 385-7900 Fax: (850) 385-9998 Email: kathy@floridalegal.org - and - Melissa Gibson Swain, Esq. University of Miami 1311 Miller Drive Coral Gables, FL 33146 Tel: (305) 284-1539 Email: mswain@law.miami.edu UNITED STATES: Faces "Kearney" Suit in the Ct. of Federal Claims ---------------------------------------------------------------- A class action lawsuit has been filed against the U.S. government. The case is styled as Kina Kearney, individually and on behalf of all others similarly situated, Plaintiff v. USA, Defendant, Case No. 1:17-cv-01653-SGB (C.F.C., November 1, 2017). The U.S. is a country of 50 states covering a vast swath of North America, with Alaska in the northwest and Hawaii extending the nation's presence into the Pacific Ocean.[BN] The Plaintiff is represented by: Minh-Tam Tammy Tran, Esq. Tammy Tran Law Firm 2915 Fannin Houston, TX 77002 Tel: (713) 655-0737 Fax: (713) 655-0823 Email: ttran@tt-lawfirm.com UNITED STATES: Faces "Davey" Suit in Court of Federal Claims --------------------------------------------------- A class action lawsuit has been filed against the U.S. government. The case is styled as Karen Davey and Wayne Davey, individually and on behalf of all other persons similarly situated, Plaintiff v. USA, Defendant, Case No. 1:17-cv-01650-SGB (C.F.C., November 1, 2017). The U.S. is a country of 50 states covering a vast swath of North America, with Alaska in the northwest and Hawaii extending the nation's presence into the Pacific Ocean.[BN] The Plaintiff is represented by: William Fred Hagans, Esq. Hagans Montgomery & Rustay, P.C. 3200 Travis Street Fourth Floor Houston, TX 77006 Tel: (713) 222-2700 Fax: (713) 547-4950 Email: fhagans@hagans.law UNITED STATES: Jalbert Files Suit v. SSEC in Mass. Dist. Ct. ------------------------------------------------------------ A class action lawsuit has been filed against Securities and Exchange Commission. The case is styled as Craig R. Jalbert in his Capacity as Trustee for F2 Liquidating Trust, on behalf of himself and all others similarly situated, Plaintiff v. Securities and Exchange Commission, Defendant, Case No. 1:17-cv-12103 (D. Mass., October 26, 2017). The Securities and Exchange Commission is a government agency.[BN] The Plaintiff is represented by: William R. Baldiga, Esq. Brown Rudnick LLP One Financial Center Boston, MA 02111 Tel: (617) 856-8200 Fax: (617) 856-8201 Email: wbaldiga@brownrudnick.com UNITED STATES: Faces "Smith-Williams" Suit in W.D. Wisconsin ------------------------------------------------------------ A class action lawsuit has been filed against the United States of America. The case is styled as Consuela Smith-Williams, Fred Rivers, Richard Murphy, Robert Ristow, Roger Suhr and Salvador Fuentes, Individually, and on behalf of all similarly situated, Plaintiffs v. The United States of America, Defendant, Case No. 3:17-cv-00823-wmc (W.D. Wis., November 1, 2017). The U.S. is a country of 50 states covering a vast swath of North America, with Alaska in the northwest and Hawaii extending the nation's presence into the Pacific Ocean.[BN] The Plaintiff is represented by: Christ Kishish, II, Esq. Kishish Law Group,llc 1555 Southcross Dr. W. Burnsville, MN 55306 Tel: (952) 224-2152 Email: Ckishish@kishishlaw.com - and - Matthew A. Biegert, Esq. Doar, Drill and Skow, S.C. 103 North Knowles Avenue PO Box 388 New Ricmond, WI 54017 Tel: (715) 246-2211 Fax: (715) 246-4405 Email: mbiegert@doardrill.com - and - William Thomas Rieder, Jr., Esq. Downs Law Group 3250 Mary Street, Suite 307 Coconut Grove, FL 33133 Tel: (305) 444-8226 Fax: (305) 444-6773 Email: wrieder@downslawgroup.com The Defendant is represented by: Leslie K. Herje, Esq. U.S. Attorney's Office 222 W. Washington Ave., Suite 700 Madison, WI 53703 Tel: (608) 264-5158 Fax: (608) 264-5724 Email: leslie.herje@usdoj.gov VANESSA'S DUMPLING: Xiaoyan Liu Seeks Unpaid Wages and Damages -------------------------------------------------------------- Xiaoyan Liu, individually and on behalf all other employees similarly situated, Plaintiff, v. Vanessa's Dumpling House Inc., Vanessa Shu Qin Weng, Neal Glaser and Kevin "Doe," Defendants, Case No. 17-cv-05985 (E.D. N.Y., October 12, 2017), seeks to recover minimum wages, overtime wages, spread-of-hours compensation, damages for failure to provide wage statements and wage notices at the time of hiring, liquidated damages, interest, costs and attorneys' fees for violations of the Fair Labor Standards Act and New York Labor Laws. Defendants own, operate, or control a restaurant located at 310 Bedford Ave., Brooklyn, NY 11211, under the name " Vanessa's Dumpling House" where Xiaoyan worked as a cook. [BN] Plaintiff is represented by: Paul Mendez, Esq. Hang & Associates, PLLC 136-18 39th Ave., Suite 1003 Flushing, NY 11354 Tel: (718) 353-8588 Email: jhang@hanglaw.com WALGREEN CO: International Union Fund Suit Alleges Fraud -------------------------------------------------------- International Union of Operating Engineers Local 295-295C Welfare Fund, and all others similarly-situated v. Walgreen Co., Case No. 1:17-cv-07515 (N.D. Ill., October 17, 2017), is brought against the Defendant for fraud, negligent misrepresentation, unjust enrichment and violation of the Unfair Trade Practices Act. This action concerns Walgreens' alleged deceptive and unfair scheme to artificially inflate the "usual and customary" prices Walgreens reported and used to charge customers and third-party payors for purchases of certain generic prescription drugs at Walgreens pharmacies. Plaintiff International Union of Operating Engineers Local 295- 295c Welfare Fund is located in Maspeth, New York. Plaintiff is an employee welfare benefit plan. Defendant Walgreen Co. is an Illinois corporation with its headquarters located at 200 Wilmot Road, Deerfield, Illinois. Defendant operates as the second-largest pharmacy store chain in the United States. [BN] The Plaintiff is represented by: James E. Barz, Esq. Frank Richter, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 200 South Wacker Drive, 31st Floor Chicago, IL 60606 Tel: (312) 674-4674 Fax: (312) 674-4676 E-mail: jbarz@rgrdlaw.com frichter@rgrdlaw.com - and - George C. Aguilar, Esq. Gregory E. Del Gaizo, Esq. Steven M. McKany, Esq. ROBBINS ARROYO LLP 600 B Street, Suite 1900 San Diego, CA 92101 Tel: (619) 525-3990 Fax: (619) 525-3991 E-mail: gaguilar@robbinsarroyo.com gdelgaizo@robbinsarroyo.com smckany@robbinsarroyo.com WEST HAVEN MARKET: "Young" Suit Seeks Overtime Pay, Back Wages -------------------------------------------------------------- Eugene Young, on behalf of himself, and all other plaintiffs similarly situated, known and unknown, Plaintiff v. West Haven Market, Inc., d/b/a West Haven Market & Grill and Ishaq Sumaira, Individually, Defendants, Case No. 17-cv-07362, (N.D. Ill., October 12, 2017), seeks to recover overtime and unpaid back wages earned, damages, reasonable attorney's fees, costs and litigation expenses and such additional relief under the Fair Labor Standards and the Illinois Minimum Wage Law. West Haven Market, Inc. operates as West Haven Market & Grill, where Young worked as a meat cutter. Plaintiff worked in excess of forty hours, in any week for 2 years. [BN] Plaintiff is represented by: John William Billhorn, Esq. BILLHORN LAW FIRM 53 West Jackson Blvd., Suite 840 Chicago, IL 60604 Tel. (312) 853-1450 WESTJET AIRLINES: FA'S Harassment Class Action Back in Court ------------------------------------------------------------ David P. Ball, writing for MetroNews.ca, reports that Vancouver resident Mandalena Lewis embarked last month on a new path as a broadcasting student at 32. But the shadow of her previous life as a WestJet flight attendant isn't behind her yet. That's because, the class action lawsuit she's leading against the national airline is back before a judge -- and the national airline is trying to have it "be struck out, in whole or in part," WestJet's lawyers stated, arguing the courts aren't the proper place for female employees' complaints of sexual assault and harassment. "I got to the point where too much anger takes over," she said in an interview in her home, "and stuff that's coming up now (with #MeToo) pertains to all the things I went through." In 2010 Lewis was sexually assaulted by a WestJet pilot during a hotel layover in Hawaii, she alleged, and although she followed procedures -- reporting the incident to the company and to Hawaiian police -- her employer determined there wasn't enough evidence to determine if the assault happened, but removed the pilot from Hawaii flights where police told Lewis they had prepared charges. (The allegations haven't been tested in court). "Their response was to remove the ability for me to fly with the pilot," she alleged, "as opposed to removing the pilot completely from the workforce. "But in fact, they'd known about other women who complained about sexual assault and harassment prior to my assault from the same pilot . . . but told them there was nothing they could do because it was her word against his and there wasn't enough evidence." In email, a WestJet spokesperson said the company "will not comment on ongoing legal proceedings," but said that the airline is committed to "a harassment-free workplace" and encourages "our employees to report any behaviour that may violate our policies" through WestJet's anonymous "whistleblower hotline" or to its leadership directly. But the airline is applying to have the lawsuit thrown out because she should have taken her sexual assault and wrongful dismissal allegations to federal human rights and provincial workers compensation agencies -- not the courts. Central to the lawsuit: WestJet's "Anti-Harassment Promise" to its staff. Her class action suit claims she and all women at WestJet expect the policy to be followed have had their contracts violated by what they're calling a broken promise in harassment and assault complaints. "It's a really novel claim," she said. "It will be a huge win for Canadian women if we win. "It'll set a precedent across the Canadian work sector for women, in that their employers are going to have to take accountability and be transparent about what happens with their sexual harassment and assault complaints." In its application to toss the class action suit, however, WestJet countered it was "an abuse of process of the court," and relies on "allegations of activities that occurred more than two years prior to Apr. 4, 2016" when it was filed, outside the legal time limit, and asks Lewis to pay WestJet's legal costs. But Lewis' lawyer countered that because she was fired just three months before filing her lawsuit, the breach of her and other women's contracts occurred for the entire duration of their work at WestJet. This is her lawsuit's first hearing since the explosion of the #MeToo movement, a massively shared phenomenon on social media by those who have experienced sexual assault and harassment. She argued the phenomenon has emboldened her and women in many industries to hold their employers accountable for their stated anti-harassment policies. "The timing of #MeToo has really helped people in my situation," Lewis mused in her small Vancouver apartment in an interview. "I've really needed a moment for women to feel comfortable coming forward and finding the solidarity of others. "It's a beautiful thing -- it's not for everybody -- but #MeToo has definitely created a space in our time." [GN] WEWETZER LANDSCAPING: "Espinoza" Suit Alleges FLSA Violation ------------------------------------------------------------ Ramiro Espinoza, Juan Gabriel Canas and Miguel Robledo, and all others similarly-situated v. Wewetzer Landscaping and Snow Removal Services, Inc. and Kurt Wewetzer, Case No. 1:17-cv-07457 (N.D. Ill., October 16, 2017), seeks to recover unpaid wages in violation of the Fair Labor Standards Act, the Illinois Minimum Wage Law, and the Illinois Wage Payment and Collection Act. Plaintiffs Ramiro Espinoza, Juan Gabriel Canas, and Miguel Robledo reside in the Northern District of Illinois, Eastern Division. Within the three-year period prior to the filing of this Complaint, Plaintiffs were employees of Defendants. Defendant Wewetzer Landscaping and Snow Removal Services, Inc. is an Illinois corporation with a principal place of business in Kingston, Illinois and offers various landscape maintenance, landscape construction, and snow removal services. Individual Defendant Kurt Wewetzer owns and operates Wewetzer Landscaping. [BN] The Plaintiffs are represented by: Jorge Sanchez, Esq. LOPEZ & SANCHEZ LLP 77 W. Washington St., Suite 1313 Chicago, IL 60602 Tel: (312) 420-6784 WILLIAMS-SONOMA INC: Faces "Rushing" Suit in Dist. of Washington ---------------------------------------------------------------- A class action lawsuit has been filed against Williams-Sonoma, Inc. The case is styled as William Rushing, Individually and on behalf of all others similarly situated, Plaintiff v Williams- Sonoma, Inc., Defendant, Case No. 1:17-mc-02848-KBJ (D. Wash., November 1, 2017). Williams-Sonoma, Inc., is an American publicly traded consumer retail company that sells kitchenwares and home furnishings. It is headquartered in San Francisco, California, United States.[BN] The Plaintiff is represented by: Patrick A. Malone, Esq. PATRICK MALONE & ASSOCIATES, P.C. 1310 L Street, NW, Suite 800 Washington, DC 20005 Tel: (202) 742-1500 Fax: (202) 742-1515 Email: pmalone@patrickmalonelaw.com WINDOWS USA: Faces "Harrison" Suit in S.D. of Mississippi --------------------------------------------------------- A class action lawsuit has been filed against Windows USA, LLC doing business as: Windows USA. The case is styled as Charlotte Harrison, on behalf of herself and all of those similarly situated, Plaintiff v. Windows USA, LLC doing business as: Windows USA, Alaskan Window Systems, Big Four Companies, Inc. and Wells Fargo, N.A. doing business as: Wells Fargo Financial National Bank, Defendants, Case No. 3:17-cv-00857-DPJ-FKB (S.D. Miss., October 26, 2017). Windows USA is a customer manufacturer of premium quality, energy efficient vinyl window and door systems specializing exclusively in the residential retrofit and remodeling market.[BN] The Plaintiff is represented by: Macy D. Hanson, Esq. THE LAW OFFICE OF MACY D. HANSON, PLLC 102 First Choice Drive Madison, MS 39210 Tel: (601) 853-9521 Fax: (601) 853-9327 Email: macy@macyhanson.com WINTRUST MORTGAGE: "Rubin" Case Removed to New Jersey Dist. Ct. --------------------------------------------------------------- The case captioned Aaron Y. Rubin and Fay Rubin, Individually, and on behalf of all other similarly situated persons, Plaintiffs, v. Wintrust Mortgage and ABC Corp. 1-5, Defendants, Case No. L-5990- 17 (N.J. Sup., August 15, 2017), was removed to the United States District Court for the District of New Jersey on October 12, 2017, under Case No. 17-cv-08201. Plaintiffs have a mortgage serviced by Wintrust who failed to inform them of their contact details, mortgage start date, insurance terms and conditions including other security instruments. The Rubins seek monetary relief, including statutory damages, costs, attorneys' fees and other relief available under the Real Estate Settlement Procedures Act. [BN] Plaintiff is represented by: Daniel Zemel, Esq. THE LAW OFFICE OF DANIEL ZEMEL 70 Clinton Ave. Newark, NJ 07114 Tel: (973) 525-2552 Email: dz@zemellawllc.com Wintrust is represented by: Damian P. Conforti, Esq. MANDELBAUM SALSBURG 3 Becker Farm Road, Suite 105 Roseland, NJ 07068 Tel: (973) 736-4600 Fax: (973) 325-7467 Email: dconforti@lawfirm.ms * President Trump Kills CFPB's Class Action Rule Against Banks -------------------------------------------------------------- Lisa Lambert, writing for Reuters, reports that President Donald Trump signed a Congressional resolution on Nov. 1 that lets banks block customers from filing class action lawsuits, partly delivering on his election campaign promise to lighten U.S. financial regulation. The White House confirmed Trump signed the resolution, which kills a Consumer Financial Protection Bureau (CFPB) rule released in July, despite heavy lobbying for a veto by the president. The rule, set to go into effect next spring, gave bank customers the option to band together in lawsuits known as class actions to lower their legal costs, but Republicans say the suits only benefit attorneys who reap large fees. They also argue arbitration is faster and leads to larger awards. Democrats say arbitration is rigged against customers and the U.S. constitution guarantees a right to a trial. Trump vowed as a presidential candidate to lighten the bank regulation introduced after the 2007-09 financial crisis, but this was his first concrete action since taking office in January. Regulation critics, who say federal bureaucracy suffocates economic growth, now hope Republicans will use their control of both Congress and the White House to swiftly undo more financial rules. The CFPB rule barred banks, credit card issuers and other financial companies from requiring customers to sign away their rights to join group lawsuits and agree to take potential disputes to closed-door arbitration as a condition of opening accounts. The resolution was passed under the Congressional Review Act, which stops regulators from creating a similar rule in the future, and "mandatory arbitration clauses" will likely remain in contracts for consumer financial services for decades. Trump and the Republican party could also have an easier time protecting companies' ability to block customers from suing in a wide variety of non-financial services. Education Secretary Betsy DeVos is working to keep the clauses in contracts related to higher education. CFPB Director Richard Cordray, a Democrat appointed by former President Barack Obama, took the unusual step on Oct. 30 of directly asking Trump to veto the resolution. The country's largest veterans service organization, the American Legion, made a similar plea. The Supreme Court ruled arbitration clauses are constitutional in 2011, and they are now standard for almost every consumer product. Equifax Inc. included a mandatory arbitration clause in free credit monitoring it offered to victims of its massive cyber hack earlier this year, and later removed it. Wells Fargo & Co customers caught up in last year's phony accounts scandal have had difficulty suing the bank because they are bound by clauses in contracts they signed for legitimate accounts. [GN] * Small Businesses Need Protection from Meritless Class Actions --------------------------------------------------------------- Betty Jo Toccoli, president of the California Small Business Association, in an article for The Orange County Register, reports that small businesses need protection from meritless litigation in California, whether it's asbestos lawsuits or class actions over food labeling. Unlike large corporations, most small businesses can't afford to hire lawyers to defend themselves. And by their very nature, small-business owners are so busy running the business they don't have time to figure out how to reduce the risk of being sued. The California Small Business Association is doing what it can to pass litigation reform at the state level in Sacramento, but two bills pending in Congress would also help protect California's 3.6 million small businesses from profit-motivated plaintiff lawyers. The Fairness in Class Action Litigation Act would tighten the standards for filing class actions, making it more difficult to assemble lawyer-driven cases. The Furthering Asbestos Transparency Act would curb "double-dipping" by claimants who target solvent businesses with their lawsuits first, then tap bankruptcy trusts set up by the primary producers of asbestos afterwards. Both bills are needed to control the increasing risk facing California small businesses, which employ more than 6 million workers. As plaintiff lawyers have exhausted the supply of large asbestos companies by driving them into bankruptcy, for example, they've widened their search for deep pockets. They're suing service businesses like gas stations and building contractors over dubious claims of asbestos-related disease contracted from common products such as brake pads and drywall compound. The FACT Act would raise the stakes for lawyers who pursue such scattershot litigation by requiring asbestos bankruptcy trusts to disclose the identities of claimants and the nature of the claims they have made. That would discourage lawyers from filing lawsuits based upon occupational exposures that mysteriously change or disappear when their clients submit claims to the trusts, which are now typically considered secret. The class-action bar has also targeted California small businesses with wage-and-hour claims and lawsuits over supposedly deceptive labels. This problem crosses state lines. To cite just one example, St. Louis has become a hot spot for lawyers who sue companies in California and elsewhere over generic terms like "all-natural," imposing large legal costs on their targets for class actions that nearly always end in a settlement that pays the lawyer's fees. FICALA would impose rigorous standards on class-action lawyers, requiring them show that the members of the class actually suffered an actual injury or harm. They'd also have to disclose conflicts of interests between lawyers and representative plaintiffs, a particular problem in consumer class actions where attorneys often identify a company to sue and recruit plaintiffs later. Small-business owners should be proactive, not reactive. But they can only do so much, and few of them even think about class actions or asbestos suits until they've been hit with one. Ms. Toccoli said "I hear from my members weekly on this issue. The smallest businesses rarely carry insurance to cover the risk of litigation over many of these claims, and lack the legal sophistication to determine how to respond to a lawyer's cut-and- paste demand letter. Too many write a check and settle the case, spending money that could be invested in the business. Even if they have legal representation that may be the prudent course, given the enormous cost of defending a meritless lawsuit. Other companies just close their doors, acknowledging the financial impossibility of continuing with a cloud of litigation over them." "We've attempted to reform the litigation environment in California against a solid wall of resistance, mainly from the bad apples in the California Bar. Now we have the opportunity to pass meaningful reform at the national level. California small businesses need the protection FICALA and FACT would provide so they can invest in job creation and their own enterprises. This should be a bipartisan issue, because it affects millions of jobs." [GN] ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Ma. Cristina Canson, Noemi Irene A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2017. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000 or Joseph Cardillo at 856-381- 8268. * * * End of Transmission * * *