/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/171206.mbx C L A S S A C T I O N R E P O R T E R Wednesday, December 6, 2017, Vol. 19, No. 241 Headlines 321 WEST KATELLA: Faces Retina Associates Suit in C.D. Cal. ALCON LAB: Faces America's Health Suit in District of Colorado BEHR PROCESS: Falsely Marketed DeckOver Products, Suit Claims C & J CLARK: Faces "Jorge" Suit in Southern District New York C-TECH COLLECTIONS: Faces "Kim" Suit in Eastern District of NY CALZEDONIA USA: Faces "Jorge" Suit in Southern District New York CAPITAL MANAGEMENT: Faces "Hollender" Suit in E.D. New York CENTRAL BOTTLING: Faces Antitrust Class Action in Israel CHEMOURS CO: Faces Sanctions in North Carolina Amid Class Action CIGNA HEALTH: Faces Class Action Over Disability Benefits CLIENT SERVICES: Faces "Buxbaum" Suit in E.D. New York DEERFIELD BEACH, FL: Parents Sue School for Child Molestation ETRO USA: Faces "Jorge" Suit in Southern District of New York EQUIFAX INC: Faces First Castle Suit in N.D. Georgia EQUIFAX INC: Faces "Krachanus" Class Action in N. Dist. Ga. FINANCIAL CORPORATION: Walker Files Suit in N. Dist. Ga. FIREMAN GROUP: Andrews Files Suit in E. Dist. New York FIRSTSOURCE ADVANTAGE: Faces "Leitner" Suit in E.D. New York FRED PERRY USA: Faces "Jorge" Suit in S.D. New York FXCM INC: Several Individual Defendants in Investor Suit Resign FORT MYERS, FL: Class Action Mulled Over Toxic Sludge Site GEO GROUP: Judge Considers Advancing Prison Wage Case GIGAMON INC: Being Sold for Too Little, "Kalt" Class Suit Alleges GOOGLE INC: Attorneys Recruit Pixel 2 Owners to Join Class Action HAINES TRANSPORTATION: Faces "Maisonet" Suit in Cal. Super. Ct. HULU LLC: Sued in Mass. Over Failure to Provide Audio Description ITX USA: Faces "Jorge" Suit in Southern District New York JOE'S JEANS: Faces "Jorge" Suit in Southern District New York JOHN MCSHANE: Sued in N.J. Over Illegal Telemarketing Practices L3 TECHNOLOGIES: Faces "Estes" Suit in S.D. of California LULAROE CO: Winkelman Expected to be Named Class Representative LUSH COSMETICS: Faces "Jorge" Suit in Southern District New York LYFT INC: Camilo Files Suit Over Unsolicited Text Messages LYFT INC: Litigation Team Adopts Nimble Approaches to Arbitration MACQUARIE GROUP: Macpherson Kelley Class Action Yet to Commence MAINE FISH: "Bagley" Suit Seeks to Recover Unpaid Workers Wages NEVADA PROPERTY: Faces "Bowes" Class Suit Over Internet Fees NEW YORK: Jail Abuses Resulted to $7MM Payouts Since 2015 NORTHLAND GROUP: Faces "Ewert" Suit in Western District of Wis. PACIFIC WESTERN: Faces Class Action Over Unpaid Overtime Wages PAPER SOURCE: Faces "Kiler" Suit in Eastern District New York PHILIPPINES: Class Action Mulled Over Marawi City Destruction POWERS FRIEDMAN: Faces "White" Suit in Northern District of Ohio REBECCA TAYLOR: Faces "Crosson" Suit in E.D. New York SECURITY CREDIT: Faces "Rahman" Suit in Eastern District New York SHINOLA/DETROIT: Faces "Martinez" Suit in E.D. New York SONIC NOTIFY: Judge Dismisses Fan App Class Action SONY COMPUTER: Judge Gives Early OK to Reworked PS3 Deal STUART WEITZMAN: Faces "Jorge" Suit in Southern District New York TOYOTA MOTORS: Faces Class Action Over Defective Takata Airbags UNITED COLLECTION: Faces "Kapchits" Suit in E.D. New York UNITED STATES: Cambodian Former Refugees' Class Action Pending UNITED STATES: Medicare Advocacy Groups Push for Class Action WESTERN WINDOW: "Portelli" Class Suit Filed in California YELP INC: 9th Cir. Affirms Shareholder Class Action Dismissal ZARA USA: Faces "Jorge" Suit in Southern District New York * Activists to Implement The Bail Project Following Suits * ISA May Help Pay for Binary Options Victim's Class Action * Sen. Susan Collins Votes to Repeal CFPB's Arbitration Rule * Two Alaska Senators Vote to Repeal CFPB's Arbitration Rule ********* 321 WEST KATELLA: Faces Retina Associates Suit in C.D. Cal. ----------------------------------------------------------- A class action lawsuit has been filed against 321 West Katella, LLC. The case is styled as Retina Associates Medical Group, Inc., individually and on behalf of all others similarly situated, Plaintiff v. 321 West Katella, LLC doing business as: McFadden's Restaurant and Saloon doing business as: McFadden's Anaheim, Defendant, Case No. 8:17-cv-02036 (C.D. Cal., November 21, 2017). 321 West Katella, LLC doing business as: McFadden's Restaurant and Saloon doing business as: McFadden's Anaheim is a large saloon featuring a pub menu, a seasonal patio with a full bar, DJs & a dress code at night.[BN] The Plaintiff appears PRO SE.[BN] ALCON LAB: Faces America's Health Suit in District of Colorado -------------------------------------------------------------- A class action lawsuit has been filed against Alcon Laboratories, Inc. The case is styled as America's Health & Resource Center, Ltd. and Affiliated Health Group, Ltd. an Illinois corporation, individually and as the representatives of a class of similarly situated persons, Plaintiffs v. Alcon Laboratories, Inc., Novartis Pharmaceuticals Corporation and John Does 1-12, Defendants, Case No. 1:17-mc-00193-WYD (D. Colo., November 22, 2017). The Defendants are United States companies that are engaged in the business of making eye care products. The Plaintiffs are represented by: Daniel Jay Cohen, Esq. Bock Hatch Lewis & Oppenheim, LLC 134 North La Salle Street, Suite 1000 Chicago, IL 60602 Tel: (312) 658-5500 Fax: (312) 658-5555 Email: danieljaycohen209@gmail.com BEHR PROCESS: Falsely Marketed DeckOver Products, Suit Claims ------------------------------------------------------------- Linne Rose, individually and on behalf of all others similarly situated v. BEHR Process Corp., BEHR Paint Corp., MASCO Corp., The Home Depot, Inc., and Home Depot U.S.A., Inc., Case No. 2:17-cv- 01754 (W.D. Wash., November 20, 2017), seeks to stop Behr and Home Depot's false, deceptive, and misleading marketing practices, specifically by failing to disclose that DeckOver is not a durable resurfacer capable of providing long-lasting protection for wood and concrete surfaces and is instead susceptible to peeling, chipping, bubbling, and degrading within months of application; DeckOver's propensity to peel, chip, bubble, and generally degrade within months of application, rather than provide long-lasting protection for wood and concrete surfaces, would be important to a reasonable consumer; and DeckOver's propensity for peeling, chipping, bubbling, and degrading within months of application. The Defendants are suppliers of architectural paint and exterior wood care products to the United States. [BN] The Plaintiff is represented by: Beth E. Terrell, Esq. Eric R. Nusser, Esq. TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, WA 98103-8869 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 E-mail: bterrell@terrellmarshall.com enusser@terrellmarshall.com - and - Daniel K. Byrson, Esq. Scott C. Harris, Esq. Patrick M. Wallace, Esq. WHITFIELD BRYSON & MASON, LLP 900 West Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 Facsimile: (919) 600-5002 E-mail: dan@wbmllp.com scott@wbmllp.com pat@wbmllp.com C & J CLARK: Faces "Jorge" Suit in Southern District New York ------------------------------------------------------------- A class action lawsuit has been filed against C & J Clark America Inc. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. C & J Clark America Inc., d/b/a Clarks d/b/a Clarks, Defendant, Case No. 1:17-cv-09207 (S.D.N.Y., November 22, 2017). C & J Clark America Inc. manufactures and markets footwear for men, women, girls, and boys.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com C-TECH COLLECTIONS: Faces "Kim" Suit in Eastern District of NY -------------------------------------------------------------- A class action lawsuit has been filed against C-Tech Collections, Inc. The case is styled as Victor Kim, on behalf of himself and all others similarly situated, Plaintiff v. C-Tech Collections, Inc., Defendant, Case No. 1:17-cv-06815 (E.D. N.Y., November 21, 2017). C-Tech Collections, Inc. is a collections 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 CALZEDONIA USA: Faces "Jorge" Suit in Southern District New York ---------------------------------------------------------------- A class action lawsuit has been filed against Calzedonia USA, Inc. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. Calzedonia USA, Inc. doing business as: Intimissimi d/b/a Intimissimi, Defendant, Case No. 1:17-cv-09200 (S.D. N.Y., November 22, 2017). Calzedonia is a fashion retail company specializing in the hosiery, beachwear and underwear market.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com CAPITAL MANAGEMENT: Faces "Hollender" Suit in E.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Capital Management Services, L.P. The case is styled as Aharon Hollender, on behalf of himself and all other similarly situated consumers, Plaintiff v. Capital Management Services, L.P., Defendant, Case No. 1:17-cv- 06872 (E.D. N.Y., November 22, 2017). Capital Management is a nationally licensed and recognized collections agency, providing the highest level of delinquent receivables resolution.[BN] The Plaintiff is represented by: Maxim Maximov, Esq. Maxim Maximov, LLP 1701 Avenue P Brooklyn, NY 11229 Tel: (718) 395-3459 Fax: (718) 408-9570 Email: m@maximovlaw.com CENTRAL BOTTLING: Faces Antitrust Class Action in Israel -------------------------------------------------------- Ora Coren, writing for Haaretz, reports that an executive for Central Bottling Company, the Israeli Coca Cola bottler, said the company didn't lower prices for its soft drinks because it would cause its market share to grow at the expense of the competition and open it up to accusations of antitrust violations. "Suppose I lower prices below the price for Pepsi. What happens to Pepsi and RC is only one thing -- they will disappear, and then I will be sued for predatory pricing," Joav-Asher Nachshon, vice president for Coca Cola Israel told a court in deliberations over a class action suit that were released over the weekend. Plaintiffs led by attorneys Ranat Gersht, Shahar Ben-Meir and Shinhar Yaacov, are seeking 450 million shekels ($128 million) from Central Bottling for excessive prices. They claim Central Bottling exploits its monopoly status in the soft drinks market in violation of antitrust rules. Mr. Nachshon was responding to a question from Judge Ofer Grosskopf of the Central District Court. In response, Judge Grosskopf challenged his answer, saying: "You don't lower [prices] but there's a good reason that you don't. If you could remove your competition you would happily do it. You don't lower prices because it would hurt profitability in the end. You prefer to retain 88% of the market at the price level you have today." To that, Mr. Nachshon said he agreed with the judge's remarks, except for the matter of competition. "We are very much in competition," he said. "We're constantly competing." The court protocols also showed that two consultants retained by Central Bottling -- Profs. Yossi Spiegel and Chaim Fershtman of Tel Aviv University -- issued an opinion that Israeli cola prices are not excessive, based on a comparison of prices in their countries. However, they did not base their opinion on Central Bottling's actual costs. The plaintiffs estimate that the cost of producing a 1.5-liter bottle of non-diet Coke is at most 3.15 shekels against a list price to retailers of 5.60 shekels, a margin of 80%. They assert that production costs could be much lower. Central Bottling refused to provide them with production costs and their estimates are those for rivals Tempo and Jafora Tabori. Mr. Nachshon denied the company priced its products based on its lock on the market. "I don't know how to measure that. I don't know why that's relevant whether or not we're a monopoly," he said. It's not exploitation. We don't sit around and say, 'Wait, let's take advantage of the consumer as much as we can.' We find the optimal [price] point." "I think we have shown that our prices are similar to rest of the world, so there is nothing scandalous here, because Coca-Cola is raising these prices all over the world," he added. "You see that the price gap between us and Pepsi was not created because we raised prices, but because they lowered prices." Judge Grosskopf, however, commented that the lower prices for rival products, which was as much as 60%, reflected a fair profit relative to production costs. [GN] CHEMOURS CO: Faces Sanctions in North Carolina Amid Class Action ---------------------------------------------------------------- Karl Baker, writing for Delaware Online, reports that North Carolina regulators will sanction The Chemours Co. for the release of an unregulated chemical into the Cape Fear River -- the latest in a barrage of legal assaults facing the Delaware company in the Tar Heel State. Officials in September had told Chemours to keep the chemical GenX from flowing into the river from outfall pipes at its Teflon production plant in Fayetteville, North Carolina. Regulators learned on Nov. 1 that discharges of GenX had surged following an October spill of a precursor chemical, the North Carolina Department of Environmental Quality announced. The state has not determined a sanction yet, but it "could be anything from a violation notice or it could be more than that," said Jamie Kritzer, spokesman for the environmental department. "We're investigating . . . to see any and all violations of their permits as well as any other violations that they may have committed in not disclosing this Oct. 6 spill," he said. Test results from water samples collected at the Fayetteville plant's outfall pipe showed concentrations of GenX peaking to 3,700 parts per trillion, three days after the spill, before falling to 380. The North Carolina health department's goal for the chemical in drinking water is 140 parts per trillion. The Nov. 9 announcement is the latest legal revelation to surface since 2016 when EPA officials and North Carolina academics detected GenX in treated drinking water in the Cape Fear region, home to more than 200,000 people. North Carolina environment and health officials in June began what they called a "major investigation" into the presence of the chemical in the river. They say residents can safely drink the water treated by municipalities. Asked about the situation during an earnings call on Nov. 4, Chemours CEO Mark Vergnano told stock analysts "we stopped that affluent immediately. We were not asked to do that. We felt that was the right thing to do." "We do not believe that there is health effects of this in the drinking water and we've stated that," he said. The state does not refer to GenX as a toxic chemical because it is still a relatively new, and untested, substance, Mr. Kritzer said. "Simply because there's limited health information about it at this point," he said Still, North Carolina regulators have directed the company to buy bottled water for 50 residential well owners living near Chemours' facility in Fayetteville, state environment officials said. State and company officials collectively have sampled 128 residential wells since September. Of those, more than half showed concentrations of GenX below the health goal, according to the state. Attorneys for the government of Brunswick County, North Carolina, which sits at the mouth of the Cape Fear River, filed a lawsuit against Chemours and DuPont on Oct. 31, which claims the companies used the waterway "as the dumping ground for countless chemicals," including GenX, "while assuring the EPA and state agencies that they were doing no such thing." "To think that DuPont and Chemours released their waste products directly into the Cape Fear River, which it knew was public drinking water for thousands of people, is unimaginable," said Scott Summy, the lead attorney for the county in a statement. The county lawsuit alleges five water wells adjacent to the Cape Fear River "have GenX concentrations in excess of 11,800" parts per trillion." Chemours, which employs about 1,000 people at its headquarters and laboratories in Delaware, spun off from DuPont in 2015, taking with it the decades-old Teflon business. Mr. Vergnano on Nov. 9 reiterated his belief that there is no health issue associated with GenX in North Carolina, "and we don't think anyone's at risk." "There's a bunch of lawsuits that have come on and they're very early in the game. We really haven't spent a whole lot of time on those," Mr. Vergnano said. "Our focus is on working with the North Carolina regulators and the federal regulators." A "billion dollar" class action lawsuit was filed in October by a North Carolina resident over the alleged discharge of what she called "toxic chemicals" into the river. The plaintiff, Victoria Carey, claims her drinking water recently was tested and found to have elevated levels of GenX and "other poisonous substances," according to a statement emailed to The News Journal. "She says the companies' decades-long toxic dumping has endangered the lives and health of residents and seriously affected their properties and property values," the statement read. In February, Chemours and DuPont came to a settlement in a separate lawsuit in West Virginia over the release of the chemical PFOA, a toxic substance that was used in Teflon production before it was phased out a decade ago and replaced by GenX. Under the agreement, each company is paying $335 million to resolve thousands of claims that arose from the release of PFOA into the ground, air, and water from the Washington Works plant in Parkersburg, West Virginia. Chemours earnings for the third quarter of 2017 were $214 million. Asked if shareholders should fear that a future settlement in North Carolina could derail company plans to grow, Mr. Vergnano said, "that shouldn't be a worry for them, but I will also say that that's why we do these public disclosures." "The situation we're in with GenX right now, and with the state of North Carolina, what I can tell you is we are working very closely with them," he said. "We have decided not to actively talk about this . . . because we're trying to be very respectful of the process we have with the regulators." [GN] CIGNA HEALTH: Faces Class Action Over Disability Benefits --------------------------------------------------------- Gordon Gibb, writing for LawyersandSettlements.com, reports that a CIGNA long term disability lawsuit filed in September has been proposed as a class action on behalf of all persons who may have been adversely affected with regard to the handling of disability benefits by CIGNA Health and Life Insurance Co. According to the Pennsylvania Record, the lead plaintiffs are Anthony and Amanda Patchell. The Patchells currently live in Michigan but were former residents of Altoona, in the state of Pennsylvania. Mr. Patchell claims in his CIGNA LTD lawsuit that he became disabled in February, of 2010. He didn't elaborate as to the nature, or extent of his disability, however Mr. Patchell nonetheless asserts that CIGNA failed to pay both short-term, and long-term disability benefits in a timely fashion. The plaintiffs also allege in their CIGNA denied long term disability lawsuit that the insurer dropped the ball when it came to payment of interest on past-due benefits. It is also alleged that CIGNA failed to compensate the plaintiffs for attorneys' fees and other related costs in contested cases that were subsequently ruled in the plaintiff's favor. Mr. Patchell's CIGNA long term disability lawsuit alleges violations against the Employment Retirement Income Security Act (ERISA, as amended 1974) and also names Disability Management Solutions as a co-defendant. The plaintiffs seek all benefits due them, together with unpaid benefits, interest on unpaid and overdue benefits, as well as any relief granted by the Court. CIGNA is amongst a long list of insurers reputed to drag their heels when it comes time to pay benefits from policies which have been maintained in good faith and in good standing by respective policyholders. Insurers have been known to stonewall a policy holder's honest efforts to facilitate a legitimate claim, and / or abruptly pull the rug out from under policy holders through the cancellation of either short-term or long-term disability benefits, leaving policyholders little recourse but to litigate. The Patchell lawsuit is Anthony Patchell and Amanda Patchell et al. v. CIGNA Health and Life Insurance Co., Life Insurance Co. of America, and Disability Management Solutions, Case No. 3:17-cv- 00161-KRG filed September 7 of this year in the US District Court for the Western District of Pennsylvania. [GN] CLIENT SERVICES: Faces "Buxbaum" Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Client Services, Inc. The case is styled as Sigmund Buxbaum, on behalf of himself and all other similarly situated consumers, Plaintiff v. Client Services, Inc., Defendant, Case No. 1:17-cv-06874 (E.D. N.Y., November 22, 2017). Client Services offers mortgage modifications and credit card rate reductions.[BN] The Plaintiff is represented by: Maxim Maximov, Esq. Maxim Maximov, LLP 1701 Avenue P Brooklyn, NY 11229 Tel: (718) 395-3459 Fax: (718) 408-9570 Email: m@maximovlaw.com DEERFIELD BEACH, FL: Parents Sue School for Child Molestation ------------------------------------------------------------- Izzy Kapnick, writing for Courthouse News Service, reports that three families have sued the city of Deerfield Beach, Florida, and a charter school, claiming lax employee screening and poor supervision at a municipal pool enabled a swim teacher to molest their children. In three lawsuits in Broward County court, the parents claim their children were molested by Francisco De Aragon on May 19, 2015, while on a school trip to the Deerfield Beach Aquatic Center for swimming lessons. The parents say the Aquatic Center was short-staffed and "crowded with multiple kindergarten classes" when the molestation occurred. They say city employees and the school, Somerset Pines Academy, did not provide adequate supervision. Represented by Neil Anthony, Esq. at Steinger, Iscoe and Greene in West Palm Beach, the parents seek damages for the defendants' "failing to discharge or remove De Aragon from the Aquatic Center when it became apparent that he was engaged in grooming behavior . . . . for sexual exploitation," according to the complaint. The families seek damages for negligence, trauma and vicarious liability, from Deerfield Beach, Somerset Pines and De Aragon himself. "The defendants . . . . engaged in a pattern of additional harm by denying the children's truthful complaints of sexual abuse," the complaints state. "Such conduct has had the effect of further shaming and humiliating the victims and their families." The three children were 6 and 7 years old at the time. De Aragon was convicted in May of sexual assault and molestation. He was given multiple life sentences. In a series of emails about these lawsuits, the city of Deerfield Beach insisted De Aragon had been adequately vetted before his hiring, and that his professional record appeared clean before the day of the abuse. "We absolutely conducted a level 2 background check, which is the most intensive because it checks for everything out of state as well," a city spokesperson said. "The city never received any complaints prior [to the May 19, 2015. incidents], and terminated him immediately after we were informed of the charges," the city added. The Florida Charter School Alliance, speaking on behalf of Somerset Pines, said De Aragon was not an agent of the school. "The school put its faith in the city program. This was not an employee of the school," the alliance said in a statement. A teacher from Somerset Pines testified during the criminal trial that two of the victims were in her class, which had roughly 20 children. She testified that on the day of the abuse, she was watching the class from a seat at the edge of the pool at the Deerfield Beach Aquatic Center, and did not see any improper touching. De Aragon, 28, is challenging his conviction in the Fourth District Court of Appeal. He insisted he was innocent throughout the trial, professing from the witness stand that he had never before been accused of inappropriate behavior with kids since becoming a lifeguard as a teenager. He testified that he was "shocked and horrified" when police confronted him with the allegations. He said he did not remember the victims, nor interacting with them, as he sometimes taught more than 100 children a day. At his sentencing hearing, he said: "From Day 1 until the day I die, I have always maintained and will maintain that I did not do this." He also invoked Jesus on the cross: "I forgive [the accusers] because they don't know what they are doing, just like He forgave those who crucified Him." At the center of the criminal case were recordings of the victims' interviews with Detective Keith Gittens, in which the girls say that a swimming teacher, whom police identified as De Aragon, touched them under their bathing suits. One mother testified that her daughter reported the abuse the day it happened. After returning home from school, the girl said she didn't want to go back in the pool because she had been touched in her private parts by a man at the Aquatic Center, the mother testified. The mother testified that her daughter's account of the groping was the first time she had heard of any incidents of molestation at the pool. When she went to make a statement about what happened, another family was present to complain about inappropriate touching at the pool. At that point she realized multiple children were involved, she testified. The case is JOSE CEPEDA, a father and natural guardian of A.C. (a minor female), Plaintiff, v. CITY OF DEERFIELD BEACH, SOMERSET PINES CHARTER SCHOOL a/k/a SOMERSET PINES ACADEMY a/k/a SOMERSET ACADEMY INC. and FRANCISCO DEARAGON, Defendants, Case No. ____, filed with the Circuit Court of the 17th Judicial in and for Broward County, Florida. The Plaintiff is represented by: Neil. P. Anthony, B.C.S., Esq. STEINGER, ISCOE & GREENE, P.A. 1645 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 Tel: (561) 616-5550 Email: Nanthony@injurylawyers.com estockett@injurylawyers.com akelley@injurylawyers.com ETRO USA: Faces "Jorge" Suit in Southern District of New York ------------------------------------------------------------- A class action lawsuit has been filed against Etro USA, Inc. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. Etro USA, Inc., Defendant, Case No. 1:17-cv-09199 (S.D. N.Y., November 22, 2017). Etro USA, Inc. manufactures and sells Fashion Accessories and Leather Goods.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com EQUIFAX INC: Faces First Castle Suit in N.D. Georgia ---------------------------------------------------- A class action lawsuit has been filed against Equifax, Inc. The case is styled as First Castle Federal Credit Union, on behalf of itself and all others similarly situated, Plaintiff v. Equifax, Inc. and Equifax Information Services LLC, Defendants, Case No. 1:17-cv-04707-AT (N.D. Ga., November 22, 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: Chris T. Hellums, Esq. Pittman Hooks Dutton & Hollis 2001 Park Place North Park Place Tower, Suite 1100 Birmingham, AL 35203 Tel: (205) 322-8880 chrish@pittmandutton.com - and - Douglas A. Dellaccio, Esq. Cory Watson 2131 Magnolia Avenue Birmingham, AL 35205 Tel: (205) 328-2200 Email: ddellaccio@cwcd.com - and - E. Kirk Wood, Esq. Wood Law Firm, LLC P.O. Box 382434 Birmingham, AL 35283 Tel: (205) 612-0243 - and - F. Jerome Tapley, Esq. Cory Watson 2131 Magnolia Avenue Birmingham, AL 35205 Tel: (205) 328-2200 Email: jtapley@cwcd.com - and - Greg L. Davis, Esq. Davis & Taliaferro 7031 Halcyn Park Drive Montgomery, AL 36117 Tel: (334) 832-9080 Fax: (334) 409-7001 - and - Jonathan S. Mann, Esq. Pittman, Dutton, Kirby & Hellums, P.C. 2001 Park Place North Park Place Tower, Suite 1100 Birmingham, AL 35203 Tel: (205) 322-8880 Fax: (205) 328-2711 Email: jonm@pittmandutton.com - and - Michael Lee McGlamry, Esq. Pope McGlamry, P.C. P.O. Box 191625 3391 Peachtree Road, N.E., Suite 300 Atlanta, GA 31119-1625 Tel: (404) 523-7706 Fax: (404) 524-1648 Email: efile@pmkm.com - and - N. Kirkland Pope, Esq. PopeMcGlamry, P.C. P.O. Box 191625 3391 Peachtree Road, N.E., Suite 300 Atlanta, GA 31119-1625 Tel: (404) 523-7706 Fax: (404) 524-1648 Email: efile@pmkm.com EQUIFAX INC: Faces "Krachanus" Class Action in N. Dist. Ga. ----------------------------------------------------------- A class action lawsuit has been filed against Equifax, Inc. The case is styled as Eric Krachanus, an individual, on behalf of himself and all others similarly situated, Plaintiff v. Equifax, Inc., Defendant, Case No. 1:17-cv-04694-CAP (N.D. Ga., November 22, 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: Benjamin Jared Meiselas, Esq. Geragos & Geragos 644 South Figueroa Street Historic Engine Co. No. 28 Los Angeles, CA 90017 Tel: (213) 625-3900 - and - Jonathan Wesley Johnson, Esq. Jonathan W. Johnson, LLC 2296 Henderson Mill Rd., Suite 304 Atlanta, GA 30345 Tel: (404) 298-0795 Fax: (404) 941-2285 Email: jwj@jonathanjohnsonatlantalawyer.com - and - Lori G. Feldman, Esq. Geragos & Geragos 644 South Figueroa Street Historic Engine Co. No. 28 Los Angeles, CA 90017 Tel: (213) 625-3900 Email: lfeldman@milberg.com - and - Mark J. Geragos, Esq. Geragos & Geragos 644 South Figueroa Street Historic Engine Co. No. 28 Los Angeles, CA 90017 Tel: (213) 625-3900 Fax: (213) 625-1600 Email: geragos@geragos.com FINANCIAL CORPORATION: Walker Files Suit in N. Dist. Ga. -------------------------------------------------------- A class action lawsuit has been filed against Financial Corporation of America. The case is styled as Alonzo Walker, on behalf of himself and others similarly situated, Plaintiff v. Financial Corporation of America, Defendant, Case No. 1:17-cv- 04668-CAP-LTW (N.D. Ga., November 21, 2017). Financial Corporation of America (FCOA) offers professional debt collection and receivables management services to help organizations of all types improve operations and enhance their bottom line.[BN] The Plaintiff is represented by: Aaron D. Radbil, Esq. Greenwald Davidson & Radbil, PLLC -TX 106 East Sixth Street, Suite 913 Austin, TX 78701 Tel: (512) 322-3912 Fax: (561) 961-5684 Email: aradbil@gdrlawfirm.com - and - Shireen Hormozdi, Esq. Hormozdi Law Firm, LLC 1770 Indian Trail Lilburn Road, Suite 175 Norcross, GA 30093 Tel: (678) 395-7795 Fax: (866) 929-2434 Email: shireen@norcrosslawfirm.com FIREMAN GROUP: Andrews Files Suit in E. Dist. New York ------------------------------------------------------ A class action lawsuit has been filed against The Fireman Group Cafe Concepts, Inc. doing business as: The Fireman Hospitality Group. The case is styled as Victor Andrews, individually and as the representative of a class of similarly situated persons, Plaintiff v. The Fireman Group Cafe Concepts, Inc. doing business as: The Fireman Hospitality Group and Red Eye Grill, L.P. doing business as: Redeye Grill, Defendants, Case No. 1:17-cv-06804 (E.D. N.Y., November 21, 2017). The Fireman Group Cafe Concepts, Inc. is in the Cafe business.[BN] The Plaintiff appears PRO SE. FIRSTSOURCE ADVANTAGE: Faces "Leitner" Suit in E.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Firstsource Advantage, LLC. The case is styled as Jacob Leitner, on behalf of himself and all other similarly situated consumers, Plaintiff v. Firstsource Advantage, LLC, Defendant, Case No. 1:17-cv-06836 (E.D. N.Y., November 21, 2017). Firstsource Advantage provides debt collections services to credit card issuers, financial institutions, and healthcare providers.[BN] The Plaintiff appears PRO SE. FRED PERRY USA: Faces "Jorge" Suit in S.D. New York --------------------------------------------------- A class action lawsuit has been filed against Fred Perry USA, Inc. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. Fred Perry USA, Inc., Defendant, Case No. 1:17-cv-09211 (S.D. N.Y., November 22, 2017). Fred Perry USA sells clothing and accessories.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com FXCM INC: Several Individual Defendants in Investor Suit Resign --------------------------------------------------------------- Maria Nikolova, writing for Finance Feeds, reports that the latest changes at Global Brokerage (former FXCM Inc) saw five of the defendants in the "mega lawsuit" brought by investors disgruntled by the February events, bid goodbye to top roles at the broker. A number of top officers at Global Brokerage Inc (NASDAQ:GLBR), formerly known as FXCM Inc, are saying goodbye to their roles as a result of the "restructuring plan" announced by the company in a press release issued late on November 10, 2017. The company is set to file for bankruptcy under Chapter 11 and changes involving its senior ranks have to be expected, of course. Let's note that the reshuffle at the top involves individuals that are defendants in the so-called "mega lawsuit" against the broker -- a class action on behalf of investors in the public securities of FXCM Inc. The action is brought on behalf of a putative class consisting of all persons and entities who purchased or otherwise acquired publicly traded FXCM securities from March 15, 2012 to February 6, 2017. This class action names 17 individuals as defendants, on top of the broker itself. The list of individual defendants includes: Dror Niv, William Ahdout, David Sakhai, Eduard Yusupov, Janelle G. Lester, Robert Lande, Ornit Niv, Nicola Santoro, Jr., Margaret Deverell, David S. Sassoon, Kenneth Grossman, James Brown, Ryan Silverman, Arthur Gruen, Robin E. Davis, Eric LeGoff, and Bryan Reyhani. In its press release issued on November 10, 2017, Global Brokerage mentioned the names of five of these defendants: David Sakhai, Eduard Yusupov, Margaret Deverell, Robert Lande, and David S. Sassoon. In particular, David Sakhai and Eduard Yusupov will resign from their positions as members of the Board of Global Brokerage. Margaret Deverell, Chief Accounting Officer, Robert Lande, Chief Financial Officer, and David S. Sassoon, General Counsel, will submit their resignations to the Board. The press release said that "the resignation of these executives from Global Brokerage will allow each of them to focus their priorities in these roles to FXCM Group" and, yet, this states a consequence of the resignation and not the cause for the change. The names of these five individuals are embroiled in the "mega lawsuit". Under the complaint, defendants Niv and Lande, as well as Sakhai, Ahdout, Grossman, Yusupov, Brown, Silverman, Gruen, Davis, Legoff, Santoro (in 2012, 2013, 2014), Reyhani (2015), and Deverell (2015) each signed various FXCM 10-K's filed with the SEC during the Class Period and are thus responsible for the misleading and omissive statements made in the filings they signed. Similarly, the Complaint alleges that Mr Sassoon, as General Counsel, signed proxy statements filed with the SEC on Form DEF 14 A during the Class Period. The defendants have acknowledged they signed the 10-K filings in question. However, what their lawyer is contesting is whether their signatures on these filings are sufficient to prove their role in FXCM's management and the alleged culpable participation. FinanceFeeds will continue to monitor how the filing for Chapter 11 bankruptcy will affect the legal proceedings against Global Brokerage/FXCM, and vice versa. [GN] FORT MYERS, FL: Class Action Mulled Over Toxic Sludge Site ---------------------------------------------------------- Patricia Borns, writing for News-Press, reports that with its cool tile floors and high ceilings, Tambitha and Willie Blanks' attractive four-bedroom home looks a lot like its counterparts in Cape Coral and the Gateway area of Fort Myers -- with a difference. Thanks in part to a city of Fort Myers dump opposite them on Jeffcott Street -- a dump the city established in 1962 for contaminated water treatment sludge and never told residents about until The News-Press made it known last June -- the couple's home is worth less. So much less that a bank recently declined the couple's refinancing application, they say. "We were all approved and just waiting for the appraisal," said Tambitha Blanks, who grew up in the neighborhood and wanted to raise her family there. "The first thing he (the bank appraiser) did was ask us about the site across the street." Attorneys for Fort Myers residents affected by toxic sludge site hold town hall meeting to discuss possible claims Andrew West/news-press.com "We were told we need to live 3,000 feet or farther away to avoid a property valuation impact." Ms. Blanks and her husband were among 125 residents gathered at Ann Knight's Global Ministries Church on South Street on Nov. 12 to hear the team of environmental attorney Gary Davis of Davis and Whitlock, Cape Coral attorney Ralf Brookes, and University of Miami School of Law Environmental Justice students led by attorney Natalie Barefoot, talk about their potential claims against the city in a class action suit. Mr. Brookes filed a notice of intent on behalf of 80 clients last July to sue the city for monetary damages arising from the dumping of the contaminated sludge on or near their properties. Dunbar residents file notice of intent to sue City of Fort Myers "We have a federal law that allows you to make a claim against someone who dumped toxic materials in your neighborhood," Mr. Davis said, referring to the Resource and Conservation Recovery Act. "Instead of going to state court, which might not be the best place to be in Lee County, if we can show an imminent and substantial endangerment through expert proof and evidence, we can have a federal judge order the city to clean it up," Mr. Davis said. "That's the goal." Lowest property values in the city Damage to property values is one of the most common claims in environmental lawsuits and will be filed regardless of other claims, said the attorneys. In the Michigan-Dunbar area, properties are already valued almost 50 percent lower than the median Fort Myers home, according to statistics compiled by Southwest Florida appraisal firm Maxwell, Hendry and Simmons. While many factors affect value, "disamenities" -- a research term for things like landfills that are the opposite of amenities -- are a palpable presence in the neighborhood. Besides the sludge dump opposite the Blanks' home -- a mucky four- acre site surrounded by homes -- a nearby junkyard that started as a borrow pit in the 1960s now takes up a block and a half, exposing tires and smashed cars to homes on three streets through a broken down buffer wall. Industrial sites on Veronica Shoemaker Boulevard and Canal Street further hem in the residents. "We were told we need to live 3,000 feet or farther away (from the sludge dump) to avoid a property valuation impact," Mr. Blanks said. In an email to The News-Press, Mayor Randy Henderson urged the Blanks to reach out to City Manager Saeed Kazemi to assist them with their lender. "... Some of the most competent consultants in the world have been engaged by the council to get the facts." "Lenders need not speculate on contamination with regard to their collateral interest," Mayor Henderson said. "While I have not been updated on the status of the facts . . . some of the most competent consultants in the world have been engaged by the council to get the facts so council can develop a plan in accordance with what the facts reveal. . . . We should be nearing the time when we will receive some data." GFA International will soon publish its first report on greatly expanded tests of the groundwater at the site. More tests will follow of the soil and ground-water offsite. Limited tests 10 years ago revealed unsafe levels of arsenic in the soil and in some groundwater monitoring wells. Neither the city nor DEP informed residents. They left the site unmarked and open for children to play on. "The fact they dumped this all those years ago is called open dumping," Mr. Brookes said. "That's prohibited even if it occurred before the law existed. The fact that it's still there is an ongoing practice of open dumping that can be prohibited under the federal law." The lawyers will file a notice of intent to sue under the federal law as soon as the test results are complete, they said. "It's unlikely we will find 99 percent of the chemicals we are testing for," GFA project lead Scott McManus told reporters in October. In that case, what would the city's liability be? Can it be liable for a health or property damage claim if the tests are benign? The case for medical monitoring When it comes to property damages, yes, because safety isn't the only potential impact on home values. There's a stigma associated with dump sites and a negative impact on scenic value, Davis said. The sludge on the city's site is visible in some locations and smelly after it rains, residents say. And if the city leaves the material there -- buried in some spots 15 or more feet deep -- it will likely need to remain fenced to protect the public, advertising a safety risk to future buyers. The possible health effects of decades of low arsenic exposure are harder to establish. To Abigail Fleming, who led the UM Law School team in dozens of door-to-door interviews with residents last summer, the results of today's tests matter less than the decades of exposure that came before. "It's just not scientifically possible that the arsenic from the site didn't affect them," Ms. Fleming said. "The problem is proving it." "It's just not scientifically possible that the arsenic from the site didn't affect them. The problem is proving it." The likelihood of a health effect comes less from a toxic underground plume than from the contaminated runoff that residents say flooded streets and yards for two or more decades when the streets had no drainage and many residents drank from shallow wells. The runoff can still be observed today during rainy season and hurricanes. If the claimants prove to have a higher risk of disease from exposure to the site, they may be entitled to medical monitoring over their lifetimes, Ms. Fleming said. Toxicology: where the rubber meets the road. The risk assessment that will determine the likely exposure can only begin after all tests are complete. The results would go to an expert like University of Florida toxicologist Stephen Roberts, who has an exclusive contract with the DEP to model the risk of disease in people from their cumulative exposure to contamination. While Roberts couldn't comment directly on the sludge site case, the tricky part of his job is figuring out the levels and amounts of people's past exposure where so many variables are present, he said. What was the arsenic concentration 60 years ago when the city first dumped the sludge, for example? What was the effect on a child with its smaller body weight compared with an adult? The UM team will take advantage of the medical school's vast resources to see if a cancer cluster is possible -- a far more difficult claim to prove. The students are already looking for a cancer cluster in their local community of Coconut Grove, where generations of neighbors inhaled smoke from an old incinerator. "A 2013 study from our medical school found pancreatic cancer clusters near wells," Ms. Fleming said. "Dunbar is near one of the clusters. We are trying to prove the clusters are found where the wells are contaminated with arsenic." The team invited residents to join a steering committee to help with the case. [GN] GEO GROUP: Judge Considers Advancing Prison Wage Case ----------------------------------------------------- June Williams, writing for Courthouse News Service, reports that at a motion hearing November 20, a federal judge seemed unlikely to dismiss two suits claiming for-profit GEO Group failed to pay federal immigration detainees Washington state's minimum wage. In September, Washington state sued GEO, one of the country's largest operators of private prisons, for violating the state's minimum wage laws. A detainee at GEO-run Northwest Detention Center in Tacoma, Washington, also filed a separate class action lawsuit in the Western District of Washington claiming GEO paid detained workers just $1 a day. GEO's attorney, Joan Mell, Esq., told U.S. District Judge Robert Bryan the cases should be dismissed because the Fair Labor Standards Act, which says detainees may be paid $1 a day for voluntary labor, preempts any state wage laws. Mell said the government, including Immigration and Customs Enforcement (ICE), made the decision about how much detainees could be paid. "ICE and Congress get to decide, not the court," Mell said. She argued that GEO is not an employer and the detainees don't have an employment contract. "Isn't that a fact issue?" Bryan replied. He said the contract covering the detainees had "many of the hallmarks of employment." Mell countered that being in detention is not the same as being a regular employee. "The question is whether these people are employees," Bryan said. "I have to assume they are employees because if they're not, there's no preemption." But Mell claimed the Minimum Wage Act has never been applied to a detention facility. Andrew Free, arguing on behalf of the class action's lead plaintiff Chao Chen, said Bryan should deny the motion to dismiss and allow discovery because of the factual questions raised by the case. And Marsha Chien with the Washington Attorney General's office argued that the state wants to enforce its minimum wage act against GEO, a private employer. "The state does not seek to challenge immigration policy," she said. Bryan said he expects to rule on whether or not to dismiss the cases. The state's case is STATE OF WASHINGTON, Plaintiff, v. THE GEO GROUP, INC., Defendant, No. _________, filed with the Superior Court of the State of Washington, for Pierce County. The detainee's case is SYLVESTER OWINO and JONATHAN GOMEZ, on behalf of themselves, and all others similarly situated, Plaintiffs, v. CoreCivic, Inc., a Maryland corporation, Defendant, Case No. 17CV1112 JLS NLS, filed with the U.S. District Court for the Southern District of California. The Plaintiffs in the putative class suit is represented by: Robert L. Teel, Esq. LAW OFFICE OF ROBERT L. TEEL 207 Anthes Ave., Suite 201 Langley, WA 98260 Tel: (866) 833-5529 Fax: (855) 609-6911 Email: lawoffice@rlteel.com GIGAMON INC: Being Sold for Too Little, "Kalt" Class Suit Alleges ----------------------------------------------------------------- DAVID KALT, Individually and on Behalf of All Others Similarly Situated v. GIGAMON INC., PAUL A. HOOPER, ARTHUR W. COVIELLO, JR., JOAN A. DEMPSEY, TED C. HO, JOHN H. KISPERT, PAUL J. MILBURY, COREY M. MULLOY, MICHAEL C. RUETTGERS, ROBERT E. SWITZ, DARIO ZAMARIAN, GINSBERG HOLDCO, INC., GINSBERG MERGER SUB, INC., and ELLIOTT MANAGEMENT CORPORATION, Case No. 3:17-cv-06672 (N.D. Cal., November 20, 2017), alleges that the Company's Board of Directors is selling the Company for too little out of a false sense of desperation. The lawsuit alleges violations of the Securities Exchange Act of 1934, arising out of the Board's attempt to sell the Company to Elliott Management Corporation through its affiliate Ginsberg Holdco, Inc. and its wholly-owned subsidiary Ginsberg Merger Sub, Inc. The proposed deal is valued at approximately $1.6 billion. The Plaintiff contends that the Proposed Transaction does not adequately compensate Gigamon stockholders for their investment in the Company. Based in Santa Clara, California, Gigamon is a corporation organized and existing under the laws of the state of Delaware. The Individual Defendants are directors and officers of the Company. Gigamon develops software and applications for IT organizations, specifically programs that provide visibility into data-in-motion. Elliott Management Corporation is a hedge fund located in New York City. Ginsberg Holdco, Inc. is a Delaware corporation affiliated with Elliott Management Corporation. Ginsberg Merger Sub, Inc., is a Delaware corporation and is a wholly owned subsidiary of Ginsberg Holdco, Inc.[BN] The Plaintiff is represented by: Evan J. Smith, Esq. BRODSKY & SMITH, LLC 9595 Wilshire Boulevard, Suite 900 Beverly Hills, CA 90212 Telephone: (877) 534-2590 Facsimile: (310) 247-0160 E-mail: esmith@brodskysmith.com - and - Shane T. Rowley, Esq. Danielle Rowland Lindahl, Esq. ROWLEY LAW PLLC 25 50 Main Street, Suite 1000 White Plains, NY 10606 Telephone: (914) 400-1920 Facsimile: (914) 301-3514 GOOGLE INC: Attorneys Recruit Pixel 2 Owners to Join Class Action ----------------------------------------------------------------- Phonearena reports that the Google Pixel 2 XL continues to have problems with the screen. Besides concerns about burn-in on the OLED panel, the other day Phonearena reported that some Pixel 2 XL users are seeing the screen flash when they unlock the phone. On Nov. 12, there is talk about the latest bug that is preventing Pixel 2 XL users from enjoying the phone like they should be. It appears that on some units of the Pixel 2 XL, the edges of the screen are unresponsive. The Pixel User Community website has some threads about the issue, including one from a Pixel 2 XL owner who claims to have spoken to Google Support about the matter. It does appear that the complaints have been heard. A community manager says that Google has been investigating the complaints, and he states that the issue will be addressed in a future OTA update. One report puts the blame for this problem on an over zealous accidental touch protector on the phone. "I have found it generally hard and unreliable to tap the edge of the screen where the curve is, especially when trying to put a cursor there to edit something on the screen. To the point that I started placing the cursor a cm closer to the center of the phone, then dragging my finger toward the edge. I'm guessing this could be some sort of overzealous accidental touch protection logic, which is why Orrin is saying it's possible to address it in an OTA. Looking forward to the fix." -- Artem Russakovskii, member, Pixel User Community This certainly adds fuel to the fire as far as a law firm named Girard Gibbs LLP is concerned. As Phonearena recently disclosed, the attorneys in this office are recruiting Pixel 2 and Pixel 2 XL owners who have experienced problems with the screens on their devices, to join a Class Action lawsuit against Google, LG and HTC. [GN HAINES TRANSPORTATION: Faces "Maisonet" Suit in Cal. Super. Ct. --------------------------------------------------------------- A class action lawsuit has been filed against Haines Transportation Inc., an Idaho Corporation. The case is styled as Lorenzo Maisonet, on behalf of himself and all other similarly situated, Plaintiff v. Haines Transportation Inc an Idaho Corporation and Does 1-10, Defendants, Case No. 34-2017-00222686- CU-OE-GDS (Cal. Super. Ct., November 22, 2017). Haines Transportation Inc. offers transportation services in Boise, Idaho.[BN] The Plaintiff is represented by: Christina Humphrey, Esq. Humphrey & Rist, LLP 1216 State St Santa Barbara, CA 93101 Tel: (805) 618-2924 HULU LLC: Sued in Mass. Over Failure to Provide Audio Description ----------------------------------------------------------------- American Council of the Blind, Bay State Council of the Blind, Brian Charlson, and Kim Charlson, on behalf of herself and all others similarly situated, Plaintiffs, v. Hulu LLC, Case No. 1:17- cv-12285-PBS (D. Mass., November 20, 2017), is brought against the Defendants for violation of the Americans with Disabilities Act, specifically by failure to provide audio description, a separate audio track that blind people need in order to access the exclusively visual content of a show or movie on any content. Headquartered in Santa Monica, California, Hulu LLC provides live and on-demand online video-streaming services nationwide, including in Massachusetts. [BN] The Plaintiff is represented by: Caitlin Parton, Esq. Stanley J. Eichner, Esq. DISABILITY LAW CENTER, INC. 11 Beacon Street Suite 925 Boston, MA 02108 Telephone: (617) 723-8455 Facsimile: (617) 723-9125 E-mail: cparton@dlc-ma.org seichner@dlc-ma.org - and - Rebecca Williford, Esq. Sidney Wolinsky, Esq. Meredith Weaver, Esq. DISABILITY RIGHTS ADVOCATES 2001 Center Street, 4th Floor Berkeley, CA 94704 Telephone: (510) 665-8644 Facsimile: (510) 665-8511 E-mail: rwilliford@dralegal.org swolinsky@dralegal.org mweaver@dralegal.org ITX USA: Faces "Jorge" Suit in Southern District New York --------------------------------------------------------- A class action lawsuit has been filed against ITX USA, Inc. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. ITX USA, Inc. d/b/a Bershka, Defendant, Case No. 1:17-cv-09210 (S.D. N.Y., November 22, 2017). ITX USA, Inc. d/b/a Bershka is engaged in the clothing business.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com JOE'S JEANS: Faces "Jorge" Suit in Southern District New York ------------------------------------------------------------- A class action lawsuit has been filed against Joe's Jeans, Inc. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. Joe's Jeans, Inc., Defendant, Case No. 1:17-cv-09194 (S.D. N.Y., November 22, 2017). JOE'S JEANS, INC. designs, manufactures, markets, and labels Joe's Jeans brand of apparel, which it sells throughout California and the United States at twelve full-price retail stores, twenty outlet locations, and at over 135 retailers and boutiques, including many upscale and mid-tier department stores such as Macy's, Nordstrom, Neiman Marcus, Bloomingdale's, Saks Fifth Avenue, Anthropologie, and Bergdorf Goodman.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com JOHN MCSHANE: Sued in N.J. Over Illegal Telemarketing Practices --------------------------------------------------------------- Donald F. Browne, Jr., individually and on behalf of all others similarly situated v. John McShane d/b/a American Students Loan Forgiveness & Debt Relief a/k/a ASLFDEBTRELIEF, Case No. 1:17-cv- 11871 (D.N.J., November 20, 2017), stems from the Defendant's practice of harassing consumers nationwide with automated and prerecorded telemarketing calls and text messages. John McShane sells student loan application packaging services purportedly designed for the Department of Education's latest Federal Student Loans Consolidation and Loan Repayment Modification Programs. [BN] The Plaintiff is represented by: Stephen P. DeNittis, Esq. Ross H. Schmierer, Esq. DENITTIS OSEFCHEN PRINCE, P.C. 525 Route 73 North, Suite 410 Marlton, NJ 08053 Telephone: (856) 797-9951 E-mail: rschmierer@denittislaw.com L3 TECHNOLOGIES: Faces "Estes" Suit in S.D. of California --------------------------------------------------------- A class action lawsuit has been filed against L3 Technologies, Inc. The case is styled as Joseph Estes, an individual, on behalf of himself and others similarly situated, Plaintiff v. L3 Technologies, Inc., Defendant, Case No. 3:17-cv-02356-H-JMA (S.D. Cal., November 21, 2017). L3 Technologies, Inc. provides aerospace systems, and communication and electronic systems and products used on military and commercial platforms in the United States and internationally. It operates in three segments: Electronic Systems, Aerospace Systems, and Communication Systems. It was formerly known as L-3 Communications Holdings, Inc. and changed its name to L3 Technologies, Inc. in December 2016. The Company was founded in 1997 and is headquartered in New York, New York.[BN] The Plaintiff is represented by: Eric B Kingsley, Esq. Kingsley and Kingsley 16133 Ventura Boulevard, Suite 1200 Encino, CA 91436 Tel: (818) 990-8300 Fax: (818) 990-2903 Email: eric@kingsleykingsley.com LULAROE CO: Winkelman Expected to be Named Class Representative --------------------------------------------------------------- Matt Perkins, writing for SCTimes, reports that since its founding in 2012, LuLaRoe has been on a meteoric rise through the ranks of the retail clothing industry. The company known for its colorful clothing and multi-level marketing strategy saw its sales soar to about $1 billion in 2016, and the company says that number has already doubled in 2017. But one former St. Cloud-area consultant for LuLaRoe questions those numbers and thinks the strategy the company used to make those sales was illegal. Pamela Winkelman is being represented by Sacramento-based attorney Joshua Watson of Arnold Law Firm in one of five class-action lawsuits filed against the company in recent months. The suit seeking $1 billion in relief alleges LuLaRoe's sales strategy is an "endless chain scheme" under California law and violates the federal Racketeer Influenced and Corrupt Organizations Act. Mr. Watson said he expects Ms. Winkelman to be a named plaintiff, otherwise called a class representative, if and when the court certifies the class. "When we're looking for class representative, what we're looking for is somebody who is dedicated to taking the steps to vindicate not just their rights, but everybody else's," Mr. Watson said. "Not everybody is in that position, and we're very fortunate that Pam is willing to do this. As a class representative, you're not just fighting for yourself, but you have to fight for everybody else. And once the class gets certified, you have to put their interests ahead of your own." Ms. Winkelman, who works a full-time job while attending school online to obtain her master's in business administration, said she signed up to be a LuLaRoe consultant in May 2016 hoping it might one day lead to her dream of owning her own boutique. She said she invested $5,000 in her initial inventory, plus another $1,000 or so for equipment to display her clothes and advertise her business. But Ms. Winkelman claims the area's market became over-saturated with consultants, driving prices down and limiting potential profits, so she decided in August to quit. She said LuLaRoe advertised a 100 percent buyback policy, a program she says drove many consultants to sign up believing they wouldn't have to worry about losses should they not meet their sales goals. Ms. Winkelman said she spent weeks attempting to take advantage of the policy before receiving an email one night in September that said the company had changed its buyback program. "I read it and I'm like, you know what, I don't think this is right," Ms. Winkelman said. "They're doing something here that doesn't make sense. I just made a comment on Facebook that said I think we might have grounds for a class-action." So she began collecting information about those affected. At first, she was contacted by a handful of people through Facebook's messaging service. But when the contacts continued piling up, she created a Facebook group called "Seeking Justice," dedicated to LuLaRoe consultants who were going out of business and were being told they didn't qualify for the buyback program that enticed them to sign up in the first place. Ms. Winkelman monitors traffic daily to the group of more than 1,000 members. "Over a thousand people have joined this group because they want to know what's going on," Ms. Winkelman said. "They want the actual information, not the gossip. Not the 'this is my opinion' kind of thing. They were looking for the facts." Mr. Watson said Ms. Winkelman's activism has helped lead more than 1,300 people to directly contact his office seeking individual representation. "Pamela's group is a fantastic thing," Mr. Watson said. "Even before lawyers were involved and looking around, she was trying to help other similarly affected people, and that speaks volumes about her as a person and her as a class rep." Mr. Watson said his firm is working with Morgan & Morgan on the case, with well-known attorney John Yanchunis serving as lead attorney for their class-action suit. Mr. Yanchunis has worked on several high-profile class-action suits, including a case filed in September against Equifax, a credit reporting agency that experienced a data breach that potentially compromised 143 million consumer records. In a company statement, LuLaRoe said its exponential growth over the past four years has made it the target of "orchestrated competitive attacks and predatory litigation." "We take all litigation -- regardless of its lack of merit -- seriously," the statement reads. "We have not been served with the recent complaint, but from what we have seen in media reports, the allegations are baseless, factually inaccurate and misinformed." Mr. Watson said the merits of his case are on display in Winkelman's Facebook group, where former consultants detail how they acted in good faith attempting to create a business selling LuLaRoe products and were unsuccessful because of the practices outlined in the various class-action complaints. He said it's realistic to expect a court ruling on class certification within the next 120 days. "The fact is 1,300 people contacted our office, and that they tell remarkably similar stories," Mr. Watson said. "They tell stories of being misled, they tell stories of losing money, losing savings, going deeply into debt, filing bankruptcy. That story told 1,300 times to us, or some variation of it, it speaks volumes that this is a meritorious case." [GN] LUSH COSMETICS: Faces "Jorge" Suit in Southern District New York ---------------------------------------------------------------- A class action lawsuit has been filed against Lush Cosmetics NY LLC. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. Lush Cosmetics NY LLC, Defendant, Case No. 1:17-cv-09180 (S.D. N.Y., November 22, 2017). Lush Cosmetics, LLC is a manufacturer of cosmetics, skin care, hair care, and body care products.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com LYFT INC: Camilo Files Suit Over Unsolicited Text Messages ---------------------------------------------------------- A class action lawsuit has been filed against Lyft, Inc. The case is styled as Gustavo Camilo, on behalf of himself and all others similarly situated, Plaintiff v. Lyft, Inc., Endor Car & Driver, LLC, Tri-City, LLC and Tri-State Car and Driver, LLC, Defendants, Case No. 1:17-cv-09116 (S.D. N.Y., November 21, 2017). Lyft is a San Francisco, car service and rideshare service that promotes itself as a transportation networking company. It allegedly sent Lindenbaum autodialed text messages without consent. [BN] The Plaintiff appears PRO SE. LYFT INC: Litigation Team Adopts Nimble Approaches to Arbitration ----------------------------------------------------------------- Jennifer Williams-Alvarez, writing for Law.com, reports that like many law departments at companies disrupting conventional business models, Lyft Inc.'s in-house team faces challenges in the context of rapid company growth and legal frameworks that may not have originally contemplated the ride-sharing business. To help deal with legal and regulatory obstacles, the San Francisco company's in-house litigation team has adopted several strategies, including nimble and thoughtful approaches to the use of arbitration agreements and motion practice. As the fourth lawyer in Lyft's legal department back in 2014, Lindsay Llewellyn, associate general counsel at the company and head of its litigation team, has experienced more than a few changes. To match the company's growth, for one, the number of attorneys in the legal department has grown to the more than 20, Llewellyn said. The litigation portfolio has also "changed drastically," she said, because when she joined the company, enforcers were pushing to apply more traditional taxi regulations to Lyft and other transportation network companies. As most states now have comprehensive ride-sharing regulations, "the atmosphere is just very different," she said. These days, the litigation team focuses, in part, on enforceability of Lyft's class action waiver and arbitration agreement, Ms. Llewellyn said. "It's simply not enough to know what the law was, you know, in California last year, because it's just constantly being litigated and changing," she noted. "What we've tried to do is really be proactive on this issue . . . in being responsible for keeping up with all of the latest trends and all the changes in the law." But it's not just the litigation team thinking about arbitration and class action waivers, Ms. Llewellyn said, as they collaborate on these issues with the commercial and employment teams at Lyft. And this approach has worked. "We've had success in a number of different types of matters where we have decided to move to compel individual arbitration," she said, explaining that this has ranged from a passenger-facing consumer class action in a California state court to a case brought on behalf of both drivers and passengers in federal court. "From our view, our success in compelling arbitration is . . . always a very individualized analysis, because the underlying facts of every case are different," she said. "We don't view this issue as one that we've done before, that's just sort of a cut- and-paste job." Of course, arbitration is not always an option. A consumer-facing business growing as quickly as Lyft is something of "a natural target for litigation," according to Llewellyn, which makes early case strategy another priority for her team. "When a new case comes through the door, one of the first things we consider when we're doing our factual investigation is whether we believe there's actually a good-faith basis for the claim . . . and if not, what methods can we take advantage of" to try to convince plaintiffs' counsel to voluntarily dismiss the case, she noted. It's often the right move to make use of motion practice, Llewellyn said, but not always. "We try to think really carefully about whether it makes sense in the long-term to engage in repeated motions to dismiss or demurrers, because I think it can be a bit of a knee-jerk reaction as soon as a case is filed to move to dismiss and do that repeatedly," she said. Ms. Llewellyn added: "On all fronts . . . I think the company's strategy is more to engage in thoughtful negotiation and to try to compromise and reach resolution rather than fighting just to fight, or filing a motion just to file it." [GN] MACQUARIE GROUP: Macpherson Kelley Class Action Yet to Commence --------------------------------------------------------------- Cameron Houston and Chris Vedelag, writing for The Sydney Morning Herald, report that Macquarie Group will be asked to appear before a Senate inquiry to respond to allegations that its advisers artificially inflated the price of a small mining company before a sudden collapse wiped out hundreds of investors. Executives and stockbrokers from the country's largest investment bank are also expected to be grilled over suspicious trading activity that coincided with a string of positive announcements by Cleveland Mining Group, which helped its share price to almost triple in value over a two-month period in 2012. Australian Greens Senator Peter Whish-Wilson confirmed that he would ask for Macquarie to appear before an ongoing Senate inquiry into consumer protection in the banking, finance and insurance industries. The motion is expected to win the backing of Labor in the Senate, along with several independent members of the upper house. "This case raises serious questions about Macquarie Bank's conduct and how systemic investment strategies of this nature are in the industry. "Once again, this case underscores the need for a royal commission to get to the bottom of allegations of this nature," Senator Whish Wilson said. Senator Whish-Wilson, who worked as an investment adviser with US firm Merrill Lynch before entering politics, said the stockbroking industry had not received the same scrutiny as the banking and financial planning sectors. "My guess is there are probably more skeletons in this closet than any other part of the industry. Equities can be a very high-risk investment environment, especially trading in low-cap, speculative mining stocks," he said. The Age revealed in June that disgruntled investors had launched legal action against Macquarie, amid claims its brokers had deliberately "ramped" Cleveland stock by orchestrating the acquisition of a Brazilian iron-ore mine project with a potential value of $34 billion. The mine, in the northern Brazilian state of Amapa, turned out to be worthless, but helped propel the share price to 95 cents. Macquarie's then divisional director Michael Rosenbaum and investment adviser Stefan Whiting have been accused of artificially inflating the price of Cleveland shares when they advised clients to buy the stock, according to documents sent to the corporate regulator by lawyers acting for Cleveland investors. Macpherson Kelley Lawyers alleged that Mr Whiting played a key role in the acquisition of the Brazilian iron-ore mine, in an apparent breach of his conflict-of-interest obligations. The stock collapsed in late 2012, before it was voluntarily suspended from the ASX in October 2016, when it traded at just seven cents. Mr Whiting and Mr Rosenbaum are both expected to be called before the senate inquiry, along with Cleveland's chief executive, directors and investors. Michael Hazell, of Macpherson Kelley Lawyers, said a Senate inquiry could help determine if alleged misconduct by Macquarie advisers had contributed to client losses in other ASX-listed companies. "We represent a number of clients who suffered losses after investing in Helix Resources and where some of the circumstances surrounding those losses are similar to those in the Cleveland mining matter. We note that Macquarie has been on notice of these issues for many years," Mr Hazell said. In an email from December 2010, Mr Whiting makes reference to a capital raising for Helix Resources as he spruiked Macquarie's performance to Cleveland. "This stock is placed to solid long-term investors of ours who not interested in selling their holdings for short-term gains. "Since the stock was issued Macquarie has dominated the trading, buying 47 per cent of stock traded post capital raising. I trust these figures will give the Cleveland board comfort that not only can we complete a capital raising, but also well and truly support the issue in the all important after market," Mr Whiting said in the email. In September, Macquarie finalised a review of advice and trading activity of its clients who invested in Cleveland. The internal investigation found that the investment bank had no case to answer. "Although we appreciate the disappointment for clients who lost money in Cleveland, the information available to us supports the conclusion that those losses were occasioned by the underlying performance of the company, not through any inappropriate action by Macquarie advisers," said Macquarie's Head Wealth Management Bill Marynissen. The bank, known as the "millionaires' factory", only recently emerged from an enforceable undertaking order from the Australian Securities and Investments Commission over its "systemic deficiencies" in compliance with financial services laws. Mr Rosenbaum and Mr Whiting have denied the allegations of misconduct. A Macquarie spokeswoman said the matter related to a class action being pursued by Macpherson Kelley and in which litigation was yet to commence. "Throughout our involvement with both Helix and Cleveland, Macquarie acted in accordance with all relevant regulatory requirements." [GN] MAINE FISH: "Bagley" Suit Seeks to Recover Unpaid Workers Wages --------------------------------------------------------------- Damien Bagley, Geoffrey Katulka, and Nicole Messeck, on behalf of themselves and all others similarly situated v. Maine Fish Market Restaurant, Inc. d/b/a Maine Fish Market and Nicholas Vamvilis, Case No. 3:17-cv-01946 (D. Conn., November 20, 2017), seeks to recover unpaid minimum wages, misappropriated tips, unlawful deductions and other monies pursuant to the Fair Labor Standards Act. The Defendants own and operate a seafood restaurant and bar located in East Windsor, Connecticut. [BN] The Plaintiff is represented by: William G. Madsen, Esq. MADSEN, PRESTLEY & PARENTEAU, LLC 402 Asylum Street Hartford, CT 06103 Telephone: (860) 246-2466 E-mail: wmadsen@mppjustice.com NEVADA PROPERTY: Faces "Bowes" Class Suit Over Internet Fees ------------------------------------------------------------ Charles Bowes and David Kamsler, on behalf of themselves and all others similarly situated v. Nevada Property 1 LLC d/b/a The Cosmopolitan of Las Vegas, Case No. 2:17-cv-02913 (D. Nev., November 20, 2017), seeks to stop the Defendant's practice of charging overnight guests a mandatory, per-night resort fee which includes high-speed Internet access, fitness center access, tennis court access, and unlimited local, toll-free and domestic long distance phone calls. Nevada Property 1 LLC operates The Cosmopolitan of Las Vegas located at 3708 Las Vegas Boulevard South, Las Vegas, Nevada 89109. [BN] The Plaintiff is represented by: Don Springmeyer, Esq. Bradley Schrager, Esq. WOLF, RIFKIN, SHAPIRO, SCHULMAN &RABKIN, LLP 3556 E. Russell Road, 2nd Floor Las Vegas, NV 89120-2234 Telephone: (702) 341-5200 Facsimile: (702) 341-5300 E-mail: dspringmeyer@wrslawyers.com bschrager@wrslawyers.com - and - Joshua T. Ripley, Esq. BERGER &MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 E-mail: jripley@bm.net - and - R. Bryant McCulley, Esq. MCCULLEY MCCLUER PLLC 1022 Carolina Blvd., Ste. 300 Charleston, SC 29451 Telephone: (855) 467-0451 Facsimile: (662) 368-1506 E-mail: bmcculley@mcculleymccluer.com NEW YORK: Jail Abuses Resulted to $7MM Payouts Since 2015 --------------------------------------------------------- Reuven Blau and Stephen Rex Brown, writing for New York Daily News, report that Prisoner Richard Pattiasina was handing out spoons to fellow inmates in the mess hall at Elmira Correctional Facility eight years ago, when a corrections officer ordered him to open the kitchen's front door. "One second," Mr. Pattiasina responded, according to testimony he provided in a federal lawsuit he filed in 2012. The officer, Timothy Sewalt, became enraged, calling him "a little a-hole bread man." He ordered the inmate, who was serving a 3-1/2- year sentence for selling drugs, into a kitchen corridor, out of view of security cameras. There, Mr. Pattiasina was surrounded by three other jailers while Mr. Sewalt frisked him and violently tossed him to the ground. NYC pays out $200G to retirees who hoarded unused vacation days Mr. Sewalt then kicked him in the groin with such force that it broke his right testicle, according to the lawsuit. The inmate was placed in solitary confinement, where he spent seven excruciating days having his pleas for medical assistance ignored, before he was finally taken to a hospital and treated for three days. Last year, the state Department of Corrections and Community Supervision quietly agreed to pay Mr. Pattiasina -- now 38 and out of prison -- $800,000. The payout was the top settlement or judgment the department doled out to a single inmate over the past two years, records show. Mr. Sewalt, who began his career in 2000, remains on active duty. The Department of Corrections declined to say if he was disciplined for his role in the incident, citing a state law that bars public disclosure of police personnel records. De Blasio pins blame for 'alarming' OT payouts on aging Rikers The case was extreme, but far from unique. The department has issued payouts to 127 aggrieved inmates and former prison staffers totaling approximately $7 million over the past 2´ years, according to records obtained from the state attorney general's office through the Freedom of Information Law. That figure is on the rise. The department made at least $8.8 million in payouts from 2010 until 2015, the data reveals. As was the case with Mr. Pattiasina, many of the alleged officer beatdowns occurred in secluded areas away from video camera coverage, records show. Officials say the ballooning payouts do not point to a trend of rampant abuse by officers in a system consisting of some 50,622 prisoners housed in 54 prisons. Correction Dept. to face another suit after latest Rikers attack Inmates file lawsuits alleging mistreatment by officers -- which can include anything from broken bones to the misuse of solitary confinement. Some of those cases can take years to wind their way through the court system before they are settled or brought to trial, and that may be what happened in recent years, officials note. The increase is also due in part to a comprehensive agreement to curb the use of solitary confinement in prisons, the result of a class action lawsuit brought by the New York Civil Liberties Union. As part of that deal, the state agreed to pay $1.1 million to cover the NYCLU attorney fees in 2015, court records show. Beaten Rikers inmate's mom says he baited guards to get money Equally as important as the cost and number of payouts is the matter of discipline -- and the potential removal -- of the prison officers involved in abuse cases. Critics say the state rarely forwards the cases for criminal prosecution, and the offending officers frequently remain on the job. "These guys don't just get disciplined; (instead) they get promotions and raises," said attorney Joan Magoolaghan, who represented Mr. Pattiasina. "It's an absolute outrage." A Corrections Department spokesman said that officers who are repeatedly named in lawsuits are flagged for review. "The agency reviews settlements and jury awards for purposes of reevaluating its systems, policies and procedures for reforms," the spokesman said. The state says it is taking a more aggressive approach to punishing bad officers; a beefed-up internal investigations unit has been increased to 200 staffers over the past year, up from 160. "When (the Corrections Department) is made aware of allegations through either staff or inmate reports, an internal investigation is immediately conducted by the department's Office of Special Investigation," a department spokesman said. "If the allegations are substantiated, (the department) takes appropriate disciplinary action in accordance with the collective bargaining agreement, up to and including seeking termination." The number of substantiated cases of abuse the state says it has "referred for consideration by outside prosecution" has more than tripled over the past two years. The number has already reached 273 in 2017, far higher than the 83 referrals logged in 2016, department records show, though it is unclear how many of those abuse cases will ultimately be prosecuted. Mr. Pattiasina's case was not forwarded for criminal prosecution, the Department of Corrections says, because there was a "lack of sufficient evidence." Mr. Sewalt did not respond to a request for comment. [GN] NORTHLAND GROUP: Faces "Ewert" Suit in Western District of Wis. --------------------------------------------------------------- A class action lawsuit has been filed against Northland Group, LLC. The case is styled as Lance Ewert, individually and on behalf of all others similarly situated, Plaintiff v. Northland Group, LLC f/k/a Northland Group, Inc., a Minnesota corporation, Defendant, Case No. 3:17-cv-00891 (W.D. Wis., November 21, 2017). Northland Group, LLC, is a debt collector.[BN] The Plaintiff is represented by: David Joseph Philipps, Esq. Philipps & Philipps, Ltd. 9760 South Roberts Road, Suite One Palos Hills, IL 60465 Tel: (708) 974-2900 Fax: (708) 974-2900 Email: davephilipps@aol.com - and - Matthew Curtiss Lein, Esq. Lein Law Offices P.O. Box 761 Hayward, WI 54843 Tel: (715) 634-4273 Fax: (715) 634-5051 Email: mlein@leinlawoffices.com PACIFIC WESTERN: Faces Class Action Over Unpaid Overtime Wages -------------------------------------------------------------- The Los Angeles labor law attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against Pacific Western Bank, alleging that the company failed to properly calculate overtime compensation for their hourly employees. Furthermore, the complaint alleges that Pacific Western Bank, failed to provide mandatory meal and rest breaks to its employees. The Pacific Western Bank lawsuit, Case No. BC682686, is currently pending in the Los Angeles County Superior Court for the State of California. The class action complaint claims that the company paid their non- exempt employees a non-discretionary incentive wage based upon their performance for the company. The complaint further claims that the company also allegedly failed to provide PLAINTIFFS and the other members of the CALIFORNIA CLASS with complete and accurate wage statements which failed to show, among other things, the correct overtime rate for overtime worked, including, work performed in excess of eight (8) hours in a workday and/or forty (40) hours in any workweek, and the correct penalty payments or missed meal and rest periods. Cal. Lab. Code Sec 226 provides that every employer shall furnish each of his or her employees with an accurate itemized wage statement in writing showing, among other things, gross wages earned and all applicable hourly rates in effect during the pay period and the corresponding amount of time worked at each hourly rate. According to the class action complaint, the company's non-exempt employees were also allegedly unable to take off duty meal breaks due to their rigorous work schedules. California labor laws require an employer to provide an employee required to perform work for more than five (5) hours during a shift with, a thirty (30) minute uninterrupted meal break prior to the end of the employee's fifth (5th) hour of work and a second uninterrupted meal break when employees are required to work ten (10) hours. The complaint claims that the company did not provide their employees who forfeited meal breaks additional compensation. If you think your company is violating the California Labor Code and would like to know if you qualify to make a claim, please contact attorney Nicholas J. De Blouw today by calling (800) 568-8020. Blumenthal, Nordrehaug & Bhowmik is an employment law firm with offices located in San Diego, Los Angeles, San Francisco, Sacramento, Riverside, and Chicago that dedicates its practice to helping employees, investors and consumers fight back against unfair business practices, including violations of the California Labor Code and Fair Labor Standards Act. [GN] PAPER SOURCE: Faces "Kiler" Suit in Eastern District New York ------------------------------------------------------------- A class action lawsuit has been filed against Paper Source, Inc. The case is styled as Marion Kiler, individually and as the representative of a class of similarly situated persons, Plaintiff v. Paper Source, Inc., Defendant, Case No. 1:17-cv-06832 (E.D. N.Y., November 21, 2017). Paper Source, Inc. is a paperie and gift retailer.[BN] The Plaintiff appears PRO SE. PHILIPPINES: Class Action Mulled Over Marawi City Destruction ------------------------------------------------------------- Amanda Hodge, writing for The Australian, reports that Hidaya Serad scrubs the floor of her newly rented Marawi shop space with sharp, angry strokes as she talks of the destruction of her city and the looting of her home. The middle-aged Marawi city budget official returned to her home in a cleared area of the city -- five months after she was forced to evacuate with her husband and son -- to find it stripped of everything they had built. Now they are cleaning floors and whitewashing walls to start again as snack-shop proprietors. "I can't believe the situation we are in," she says bitterly. "If it weren't for the military airstrikes we would not have evacuated." Hidaya says she was not afraid of the Islamic State-linked militants who spilled onto the streets of Marawi on May 23 saying they intended to establish an Islamic caliphate in southern Mindanao province. "Without the military airstrikes we could have retaliated, we could have fought the Mautes ourselves," she says. "If not for the airstrikes we would have had time to get our belongings out." "One hundred per cent people here will want revenge" against the local Maute Group and Abu Sayyaf militants, but also the military that razed the city to rout them, she adds. The Philippines military's declared victory in a fierce urban battle that killed more than 1,100 people was welcome news to most Filipinos and their anxious regional neighbours. But anger is spilling over among Maranaos as they slowly return to a ravaged, looted city. Abdul Hamidullah Atar, the youngest of Marawi's sultans, is among 7000 families whose homes and businesses were flattened in the main battle area of the commercial district, which remains closed while the military mops up the last terrorist "stragglers", clears ordinances and pulls bodies from the rubble. Through his Rido Organisation he has worked for years to counter extremism and solve conflicts in a Muslim community infamous for clan violence. Now he is collecting complaints from displaced Maranaos in preparation for a class action against The Philippines government for destroying their city. "I'm not a lawyer but according to international humanitarian law, both sides -- the radical groups and the government, violated the rights of Marawi people," he told The Australian. "How many illegal arrests were made? How many people the military branded as ISIS (Islamic State) were nothing of the sort? How many bombs were dropped on our houses?" Atar says the only way to prevent a bloodbath of revenge and further radicalisation among Maranaos -- stripped of their homes and livelihoods -- is to give them a peaceful outlet for their anger. "Otherwise we are pushing them to become violent extremists and that's what we want to prevent. My wife and I have incomes but even we feel so very angry and a sense of radicalisation. Imagine how those who now have nothing must feel?" One of the region's most experienced terrorism analysts, Sidney Jones, also warned of the high risk of radicalisation among disgruntled Maranaos, and the children and younger siblings of slain fighters. While the wealthy seethe, the poorest displaced Maranaos live in makeshift camps between neighbouring Iligan City and Marawi and talk of hunger and frustration. Most are surviving on irregular government rations consisting solely of tinned sardines, corned beef, coffee, and poor-quality rice. The food packs are the same whether they must feed a family of five or of 10. Fresh fruit and vegetables disappeared from rations months ago. Many in the shelters are from ground zero -- the CBD razed in the battle -- and the best they can hope for is resettlement to temporary neighbourhoods of prefabricated huts being built on Marawi's outskirts. But those who don't own land in Marawi, whose families migrated there for work, fear they will be forced back to their original provinces. Marawi Crisis Management Committee spokesman Zia Alonto Adiong confirms that is one proposal being considered in a reconstruction plan mired in political bickering -- although he is championing a plan that accommodates all former residents including "settlers". Some 265 prefabricated huts are to be completed before Christmas but the National Housing Authority overseeing construction says wet weather is foiling their schedule. That is a problem given neighbouring, predominantly Christian Iligan City has given Muslim Marawi authorities to move the evacuees out of their halls in time for the Christmas season. Iligan has been generous during the crisis but the sectarianism that has always simmered between the two cities is beginning to boil over. Some evacuees say they have been knocked back for work there because they are Muslim and others who have sought rental accommodation have encountered similar discrimination. "We understand they are scared because now they think we are all ISIS," says one. In fact, Iliganos will say Marawi was a lawless place of kidnappings, drugs and violence before the terror siege, even if many were drawn there by well-paid work. "Our husbands could not go out after work in Marawi because it wasn't safe for them as Christians," says Melgie Powao. Her extended Iligano family is missing 10 husbands and sons who worked on a Marawi highway construction project and were trapped in the siege. "They weren't welcome in Marawi yet the Muslims have been treated well here," the 24-year-old says tearfully. "The Maranaos cry because they lost their houses. We cry because our husbands are missing." Her sister-in-law, Luisa Mae Pantollono, says her husband took a job on the same project just one day before the siege. "I told him it was a dangerous place and asked him if he was OK not seeing his kids (aged two and three) during the week. He promised he would come home every weekend." None of the women are eligible for relief assistance although they have lost their children's -- fathers and breadwinners. "It's unfair for us," says Luisa. "They (Maranaos) are already starting to rebuild but how can we do that? "Right now we are like rivers, we just have to keep flowing because we have mouths to feed," she said. [GN] POWERS FRIEDMAN: Faces "White" Suit in Northern District of Ohio ---------------------------------------------------------------- A class action lawsuit has been filed against Powers Friedman Linn PLL. The case is styled as Cheryl White, on behalf of herself and all others similarly situated, Plaintiff v. Powers Friedman Linn PLL, Defendant, Case No. 1:17-cv-02439-CAB (N.D. Ohio, November 21, 2017). Powers Friedman Linn, PLL provides quality legal advocacy and counsel to businesses and individuals throughout Ohio. The Plaintiff is represented by: Matthew B. Bryant, Esq. Bryant Legal, LLC 3450 West Central Avenue, Ste. 370 Toledo, OH 43606 Tel: (419) 824-4439 Fax: (419) 932-6719 Email: mbryant@bryantlegalllc.com - and - Gregory S. Reichenbach, Esq. P.O. Box 711 Perrysburg, OH 43552-0711 Tel: (419) 529-8300 Fax: (419) 529-8310 Email: greg@reichenbachlaw.com REBECCA TAYLOR: Faces "Crosson" Suit in E.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Rebecca Taylor, Inc. The case is styled as Aretha Crosson, individually and as the representative of a class of similarly situated persons, Plaintiff v. Rebecca Taylor, Inc., Defendant, Case No. 1:17-cv-06819 (E.D. N.Y., November 21, 2017). Rebecca Taylor, Inc. is engaged in designs and sells apparel, accessories, and shoes for women. It offers clothing products, such as dresses and jumpsuits, blouses, tops and tees, jackets, coats and outerwear, sweaters, pants, and shorts and skirts.[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 SECURITY CREDIT: Faces "Rahman" Suit in Eastern District New York ----------------------------------------------------------------- A class action lawsuit has been filed against Security Credit Systems, Inc. The case is styled as Sharzil Rahman, individually and on behalf of all others similarly situated, Plaintiff v. Security Credit Systems, Inc., Defendant, Case No. 2:17-cv-06811 (E.D. N.Y., November 21, 2017). Security Credit was founded in 1983. The company's line of business includes collection and adjustment services on claims and other insurance.[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 SHINOLA/DETROIT: Faces "Martinez" Suit in E.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Shinola/Detroit, LLC doing business as: Shinola. The case is styled as Pedro Martinez, individually and as the representative of a class of similarly situated persons, Plaintiff v. Shinola/Detroit, LLC doing business as: Shinola, Defendant, Case No. 1:17-cv-06830 (E.D. N.Y., November 21, 2017). Shinola/Detroit, LLC was founded in 2011. It is an American lifestyle brand which specializes in watches, bicycles, and leather.[BN] The Plaintiff appears PRO SE. SONIC NOTIFY: Judge Dismisses Fan App Class Action -------------------------------------------------- Courthouse News Service reports that a federal judge refused to dismiss a class action accusing the Golden State Warriors and Signal Sonic Notify fka Sonic Notify of using a fan app to turn on users' microphones and record their conversations without consent, but dismissed claims against the app developer Yinzcam. The case is LATISHA SATCHELL, Plaintiff, v. SONIC NOTIFY, INC., et al., Defendants, Case No. 16-cv-04961-JSW (N.D. Calif.). SONY COMPUTER: Judge Gives Early OK to Reworked PS3 Deal -------------------------------------------------------- Helen Christophi, writing for Courthouse News Service, reports that a federal judge has preliminarily approved a rejiggered Sony PlayStation 3 class action settlement, after denying final approval because the deal made it too difficult for PS3 users to claim their money. Under the new proposed settlement, class members can file claims by providing just a PlayStation Network ID, a change that prompted U.S. District Judge Yvonne Gonzalez Rogers to call the deal "fair, reasonable, and adequate" in an order issued November 21. Although Gonzalez Rogers last year tentatively approved an unlimited settlement fund for purchasers of early-model PS3s, she later objected to the claims process, which required users to provide a receipt or serial number for PS3 units that were bought between 2006 and 2010. Sony sent emails to nearly 7 million potential class members, instructing them to call a phone number and use their network ID to obtain a temporary serial number if they no longer had their PS3 units. But Gonzalez Rogers questioned why buyers should call for temporary serial numbers if Sony could establish proof of purchase based on their network ID. "This 'remedial' process begs the question of why the claimants were required to provide receipts or serial numbers in the first place, i.e., if Sony already had that information in its database and could simply confirm the claim by using the claimant's PlayStation Network ID," she wrote in an order denying Sony's motion for final approval this past February. The settlement would compensate people who bought a PS3 believing it ran a separate Linux operating system in addition to its built- in gaming system. The Linux feature was wiped out by an April 2010 software update, according to lawsuits filed over the change. Sony agreed to an unlimited settlement fund that would pay $55 to each class member that used the Linux operating system and $9 to any class member who bought an early-model "fat" PS3 between Nov. 1, 2006 and April 1, 2010. James Pizzirusso, Esq. -- jpizzirusso@hausfeld.com -- of Hausfeld LLP in Washington represents the class, and Sony is represented by Michael Tedder Scott, Esq. with DLA Piper in San Francisco. Neither attorney could be reached for comment Wednesday afternoon. A fairness hearing is set for May 29, 2018. The case is In re SONY PS3 "OTHER OS" LITIGATION, Case No. 10-CV- 01811-YGR (N.D. Calif.). Interim Co-Lead Counsel for Plaintiffs and the Proposed Class: Kathleen V. Fisher, Esq. CALVO FISHER & JACOB LLP 555 Montgomery Street, Suite 1155 San Francisco, CA 94111 Tel: (415) 373-8370 Fax: (415) 374-8373 Email: kfisher@calvofisher.com -- and -- James Pizzirusso, Esq. HAUSFELD LLP 1700 K Street NW, Suite 650 Washington, DC 20006 Tel: (202) 540-7200 Fax: (202) 540-7201 Email: jpizzirusso@hausfeld.com -- and -- Gordon M. Fauth, Jr., Esq. FINKELSTEIN THOMPSON LLP 100 Pine Street, Suite 1250 San Francisco, CA 94111 Tel: (510) 238-9610 Email: gfauth@finkelsteinthompson.com Attorneys for Defendant SONY COMPUTER ENTERTAINMENT AMERICA LLC, currently known as SONY INTERACTIVE ENTERTAINMENT AMERICA LLC: Luanne Sacks, Esq. Michele Floyd, Esq. SACKS, RICKETTS & CASE LLP 177 Post Street, Suite 650 San Francisco, CA 94108 Tel: (415) 549-0580 Fax: (415) 549-0640 Email: lsacks@srclaw.com mfloyd@srclaw.com STUART WEITZMAN: Faces "Jorge" Suit in Southern District New York ----------------------------------------------------------------- A class action lawsuit has been filed against Stuart Weitzman Retail Stores, LLC. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. Stuart Weitzman Retail Stores, LLC, Defendant, Case No. 1:17-cv-09191 (S.D. N.Y., November 22, 2017). Stuart Weitzman Retail Stores, LLC operates as a subsidiary of Coach, Inc.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com TOYOTA MOTORS: Faces Class Action Over Defective Takata Airbags --------------------------------------------------------------- Northern Star reports that a class action has been filed against Toyota on behalf of affected customers who were affected by the recall of cars fitted with defective Takata airbags. Quinn Emanuel Urquhart and Sullivan has filed the class action, saying it will affect more than half a million Australians. Similar actions against Honda, Mazda, BMW, Subaru, Audi and Volkswagen were expected to be filed in the coming weeks. Consumers who purchased a Toyota, Honda, Mazda, BMW, Subaru, Audi and Volkswagen other car fitted with a Takata airbag between 2001 and 2017 may be entitled to participate in the class action. The class action, funded by US litigation funder Regency Funding, was filed in the Supreme Court of New South Wales on November 10. It alleges that Toyota is in breach of its obligations to consumers under the Australian Consumer Law. Affected? Find out more about class action at AirbagRecall.com.au Quinn Emanuel partner Damian Scattini said hundreds of Toyota owners had already registered to participate in the action since it was first announced in July. "Globally, the Takata airbag recall is the largest product safety recall in history and the number of potentially affected Australian consumers could make it the largest consumer class action in Australia," he said. "Since 2009, more than 2.3 million vehicles in Australia have become subject to the recall. "The defective airbags were largely installed in affected vehicles between 2002 through 2015. "These airbags have been proven to be lethal and have killed at least 18 people and injured more than 180 around the world. "This class action will allow Australians whose vehicles are fitted with the potentially deadly Takata airbag to seek either a safe replacement airbag or refund." Mr Scattini claimed that car manufacturers had known about the fault for years and "not done anything proactive to try and right it". This action is complementary to the Australian Competition and Consumer Commission's current investigation into car manufacturers' obligations under the ACL. [GN] UNITED COLLECTION: Faces "Kapchits" Suit in E.D. New York --------------------------------------------------------- A class action lawsuit has been filed against United Collection Bureau, Inc. The case is styled as Valentina Kapchits, on behalf of herself and all other similarly situated consumers, Plaintiff v. United Collection Bureau, Inc., Defendant, Case No. 1:17-cv- 06873 (E.D. N.Y., November 22, 2017). United Collection provides debt collection services for companies, government, healthcare, utility, financial service, communication, and students.[BN] The Plaintiff is represented by: Maxim Maximov, Esq. Maxim Maximov, LLP 1701 Avenue P Brooklyn, NY 11229 Tel: (718) 395-3459 Fax: (718) 408-9570 Email: m@maximovlaw.com UNITED STATES: Cambodian Former Refugees' Class Action Pending -------------------------------------------------------------- Khuon Narim, writing for Khmer Times, reports that Cambodia has sent officials to interview refugees in the United States who are subject to deportation orders. Interior Ministry spokesman General Khieu Sopheak said about 50 refugees had been interviewed but no decision had been made on their repatriation. In October, US Immigration and Customs Enforcement (ICE) agents detained more than 100 Cambodian former refugees and gave them final deportation orders. Cambodia and the US have not made progress on updating a 2002 agreement covering repatriations of former refugees. The Trump Administration issued visa sanctions against some senior Cambodian officials in September after talks on a new agreement on repatriation dragged on. The sanctions prompted Cambodia to offer to interview people for deportation. US embassy spokesman David Josar said there was nothing new to add to the issue. ICE spokesman Bendan Raedy said international law obliged each country to accept the return of its nationals ordered to be removed from the US. "The United States continues to work with the government of Cambodia to establish a reliable process for the issuance of travel documents and their acceptance of the prompt, lawful return of Cambodian nationals who are subject to removal from the United States," he said. He said also that there were at least 534 travel document requests pending with Cambodia, stretching back to 2008. More than 1,900 Cambodian nationals living in the United States are subject to a final order of removal, of whom 1,412 have criminal convictions. In October, a lawyer for Asian Americans Advancing Justice filed a class action nationwide lawsuit demanding the release of detainees. There has not yet been any progress through the courts. Almost all of those affected arrived in the US as infants who fled with their families in the 1970s from the Khmer Rouge genocide. Many were born in refugee camps in Thailand and the Philippines, and have never set foot in Cambodia, nor speak Khmer. In the US, Cambodian-refugee communities struggle with unaddressed trauma, poverty, and violence-ridden neighbourhoods No one from the Cambodian Foreign Affairs Ministry or the general immigration department could be reached for comment. [GN] UNITED STATES: Medicare Advocacy Groups Push for Class Action ------------------------------------------------------------- Walecia Konrad, writing for CBS, reports that there's no stopping Mary Higgins. The 95-year-old Wilmington, Delaware, resident lived in her own apartment and, with the help of her dear friend of 50 years, Regina Titus, mostly took care of herself. A nasty fall last July, however, landed Ms. Higgins in the hospital with two broken legs and a broken foot. She was treated for her injuries in a nearby hospital and then moved to a skilled nursing facility in the area for physical therapy and other rehabilitation services. In the following months, Ms. Higgins has slowly been healing and gaining mobility. She recently graduated from a wheelchair to a walker. However, Ms. Higgins' remarkable recovery comes with a big price tag. Because of a common and often misunderstood Medicare billing policy, she must pay the weekly nursing facility bill of $2,340 out of her own pocket, according to Ms. Titus, who has power of attorney for Ms. Higgins. "She is up to about $50,000 now," said Titus. "I'm getting so worried about Mary's funds." What's going on? Although Medicare doesn't cover general custodial nursing home care -- such as help with daily living, administering medicine, etc. -- it does pay for prescribed follow-up treatment in a skilled nursing facility with specialized care. To qualify for this benefit, though, Medicare patients must have previously stayed in a hospital for three days, not counting the day of discharge. Because Ms. Higgins had been in the hospital five days, she and Titus figured everything was all set. Except for one big problem: Ms. Higgins was admitted to the hospital under "observation" status. For Medicare billing purposes, that means she was considered an outpatient. As a result, she didn't have three inpatient days in the hospital and thus didn't qualify for follow-up care in a skilled nursing facility. That's despite the fact that she received the same tests, treatments medications and food that she would have gotten if she had been an inpatient. "The main thing is this word observation," said Ms. Titus. "It doesn't mean what you think it means." Ms. Higgins' case is far from unusual. Between 2013 and 2014, outpatient stays increased by 8.1 percent, according to a report by the Office of Inspector General. And research from the AARP Public Policy Institute found that two-thirds of hospitalized patients who needed skilled nursing follow-up care paid a significant portion of those costs themselves because they didn't meet the three-day inpatient requirement. "We get calls on this every day," said Toby Edelman, senior policy attorney with the Center for Medicare Advocacy. "In one of our cases, the person was there for 39 days. How can you be an outpatient for 39 days?" She explained that hospitals often classify patients with the observation or outpatient status to avoid aggressive Medicare audits and high readmission penalties. Getting caught in this billing trap aren't just patients who need skilled nursing care. People who are discharged back to their homes can also pay more. Most hospital stays are covered by Medicare Part A, which, after a deductible, covers all costs. But this applies only to inpatients. Outpatient (or observation status) care is covered by Medicare Part B, which doesn't have a deductible but does charge a 20 percent co-pay for hospital costs. Part B also doesn't cover medicines administered at the hospital. For outpatients with extensive hospital stays and treatment, the co-pays and medicine costs can add up quickly -- and those bills can often come a surprise. What you can do Pay attention to the vocabulary. In the language of Medicare billing, common terms can have a very different meaning. Most seniors figure observation means the hospital staff is running some tests and keeping an eye on them. Outpatient, they figure, means people who don't stay overnight. When it comes to Medicare billing, however, be clear that observation and outpatient are designations the hospital admissions staff assigns to you and often have nothing to do with the treatment you receive or the length of your hospital stay. Ask about your status while you're in the hospital. A new rule passed in March requires hospitals to notify patients that they are on observation within 36 hours of being admitted. But that's too long to wait to find out you're not an inpatient if you're going to need follow-up care. Make sure you or whoever is assisting you in the hospital finds out what your admission status is. If it's observation, ask if it can be changed. This isn't easy to do. You may need to enlist the help of your general practitioner or family doctor. He or she knows your medical background and can help convince the hospital doctors that you need inpatient coverage because you may require follow-up care. Keep an eye on the current class action. Unfortunately, Medicare has no appeals process for inpatient and outpatient status. It's almost impossible to get the designation changed after you leave the hospital. So the Center for Medicare Advocacy and other groups have been pursuing a nationwide class action that would establish a way to appeal. Last July a federal judge in Connecticut certified the class in the lawsuit as all Medicare recipients who have been hospitalized and received observation services as outpatients since Jan. 1, 2009. This may eventually open the door for patients like Mary Higgins to file an appeal. "For now, I just hope she continues to improve and gets better before her money runs out," said Titus. "We just don't know what the future holds." For more information on observation status and what to do if you've been affected by it, check out the Center for Medicare Advocacy's self-help packet. [GN] WESTERN WINDOW: "Portelli" Class Suit Filed in California --------------------------------------------------------- A class action lawsuit has been filed against Western Window Systems, LLC, a Missouri Limited Liability Company. The case is styled as Eric Portelli, individually, on behalf of himself and all others similarly situated, Plaintiff v. Western Window Systems, LLC, a Missouri Limited Liability Company, WWS Acquisition, LLC doing business as: Western Window Systems a Missouri Limited Liability Company and DOES 1 through 50, inclusive, Defendants, Case No. 3:17-cv-02367-DMS-BLM (S.D. Cal., November 21, 2017). Western Windows Systems, LLC designs, manufactures, and markets custom door and window systems in the United States. It also provides residential, commercial, and volume program sales throughout the United States, Canada, and Mexico.[BN] The Plaintiff is represented by: Alexander Robertson, IV, Esq. Robertson & Associates LLP 32121 Lindero Canyon Road, Suite 200 Westlake Village, CA 91361 Tel: (818) 851-3850 Email: arobertson@arobertsonlaw.com YELP INC: 9th Cir. Affirms Shareholder Class Action Dismissal ------------------------------------------------------------- Courthouse News Service reports that a Ninth Circuit panel on November 21 agreed with a federal judge's dismissal of a shareholder class action against Yelp, finding the investors failed to adequately link a drop in Yelp's share price to complaints it tampered with reviews. The appeals case is JOSEPH CURRY, Individually and on Behalf of All Others Similarly Situated; CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST, Plaintiffs-Appellants, and MARY ADAMS, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. YELP INC.; JEREMY STOPPELMAN; ROBERT J. KROLIK; GEOFFREY DONAKER, Defendants-Appellees, v. DRU L. PIO, Movant, No. 16-15104 (9th Cir.). ZARA USA: Faces "Jorge" Suit in Southern District New York ---------------------------------------------------------- A class action lawsuit has been filed against Zara USA, Inc. The case is styled as Carlos Jorge, on behalf of himself and all others similarly situated, Plaintiff v. Zara USA, Inc., Defendant, Case No. 1:17-cv-09183 (S.D. N.Y., November 22, 2017). Zara USA Inc. is a clothing and accessories retailer.[BN] The Plaintiff is represented by: Daniel Chaim Cohen, Esq. Daniel Cohen PLLC 407 Rockaway Avenue, 3rd Floor Brooklyn, NY 11212 Tel: (646) 645-8482 Email: dancohenlaw@gmail.com * Activists to Implement The Bail Project Following Suits --------------------------------------------------------- Robert Patrick, writing for St. Louis Post-Dispatch, reports that beginning in January, activists will station themselves at jails in St. Louis and elsewhere around the country and begin using a $16 million bail fund in a bid to combat the so-called criminalization of race and poverty. The program's proponents say it will save hundreds of millions of taxpayer dollars now spent to house detainees, and spare those arrested from job losses, loss of custody of children, suicide, sexual victimization and other consequences of time spent behind bars. Called The Bail Project, the charitable initiative is modeled after a program that has been running in New York for a decade called The Bronx Freedom Fund. That fund says that 96 percent of those bailed out by the program return to court for every appearance, and in 55 percent of cases the charges are ultimately dismissed. In 40 percent of cases, the result is a violation similar to a traffic ticket that will result in no criminal record. If people arrested remain in jail because they can't pay their bail, 92 percent will plead guilty, even if they did not commit the crime, the fund says. Thomas Harvey, executive director and co-founder of the nonprofit ArchCity Defenders law firm in St. Louis, is leaving to become The Bail Project's national director of strategic relationships and advocacy. The project was being announced on Nov. 13. Information was provided to the Post-Dispatch under an embargo that restricted publication until Nov. 13 at 5 a.m. St. Louis time. The Bail Project said the goal is to free 160,000 people in five years, in part by reusing the money in a revolving fund that's replenished when a case is concluded and the bail is returned to the group. They will also collect an unprecedented level of data on those they help, he said. Mr. Harvey said 450,000 people are in jail around the country. "There is no other place in the criminal legal system where money more clearly buys justice than bail," Robin Steinberg, founder and CEO of The Bail Project, said in statement. "And make no mistake about it, communities of color, low-income communities and women bear the disproportionate impact of this profound injustice. Our project's mission is to reduce the unacceptable human suffering caused by unaffordable cash bail, and build on ongoing community efforts to end the coercive and discriminatory impact of these systemic abuses." The program will be in contact with public defenders offices and also rely on community organizations to identify needs and help provide support services to ensure defendants return to court, Mr. Harvey said. The "primary metric" will be the number of people released. But the project will focus on those with connections to the communities and those with medical or other issues that make them most in need of release. The project says 41 percent of sexual victimization happens in the first three days after an arrest and almost half of suicides and other deaths in jail happen in the first five days. "We're going to hopefully get these people out, get them into the community, hopefully avoid all the negative effects," Mr. Harvey said. Mr. Harvey said the details are still being worked out, but the local effort will focus on jails in St. Louis city and county. The bail reform movement is decades old, but has heated up in recent years, in part because of the protests and reforms that followed the 2014 shooting of Michael Brown in Ferguson. The Pretrial Justice Institute says that nearly two-thirds of people in local jails are awaiting trial and have not been convicted of a crime, and many are facing only low-level, nonviolent charges. A series of lawsuits have been filed in the St. Louis area and across the country challenging the use of cash bail and other jail and court practices, saying that the system is unconstitutional and unfairly burdens and penalizes the poor. Those include lawsuits by ArchCity against 30 cities, Mr. Harvey said. Jennings agreed last year to pay $4.7 million to settle a class- action lawsuit filed by ArchCity Defenders that said nearly 2,000 people spent a collective 8,000 nights in jail after being unable to pay court fines and fees. Voters, legislators and judges, including in Chicago and California, are also taking action. But some officials and those in the bail industry have warned that the effort could lead to more crime from those who are released and cost hundreds of millions of dollars. Bail reform was also one of the issues community members raised at a "listening session" held by then-St. Louis Circuit Judge Jimmie Edwards and St. Louis Circuit Judge Jason Sengheiser in October to address distrust of the court system. Mr. Edwards has since become director of public safety in St. Louis. Mr. Harvey expects the project to attract attention, and perhaps change minds. "Once they grasp that people are sitting in jail before being convicted of anything," and a judge says "you can go home . . . if you have $1,000," Mr. Harvey said, "most people grasp that that's a fundamentally unfair thing." [GN] * ISA May Help Pay for Binary Options Victim's Class Action ----------------------------------------------------------- Times of Israel reports that Shmuel Hauser also says Israel Securities Authority cannot get Simona Weinglass, writing for The Times of Israel, reports that two weeks after the passage of a law that outlawed Israel's entire binary options industry, Israel Securities Authority chairman Shmuel Hauser told The Times of Israel that he was "very troubled" by the possibility that binary options fraudsters are now entering the field of cryptocurrencies, where they may be seeking to perpetrate the next big scam. "We're very concerned about initial coin offerings and cryptocurrencies," Mr. Hauser said. "We don't want this to become the next mutation of binary options or a haven for fraudsters." In an hour-long interview at the Israel Securities Authority offices in Tel Aviv, Mr. Hauser told The Times of Israel that the international response to the passage of the law on October 23 was "very positive" and that "we got responses from all over the world, from Canada, the United States and Europe. They all said they were very pleased by what we did and by our commitment." International law enforcement authorities had been urging Israel to shut down the widely fraudulent industry, which had been scamming victims worldwide. On October 23, the Knesset unanimously voted to ban the entire Israeli binary options industry, a vast, multi-billion dollar scam that has defrauded millions of people. The law, which takes effect in late January, came about as a direct result of The Times of Israel's investigative reporting on the fraud, which began with a March 2016 article entitled "The wolves of Tel Aviv: Israel's vast, amoral binary options scam exposed." The law gives all binary options firms the intervening three months to cease operations. After that, anyone involved in binary options -- where fraudsters promised lucrative short-term investments but fleeced their victims through rigged trading platforms, refusal to pay out, and a multitude of other ruses -- faces up to two years in jail. Mr. Hauser said he plans to enforce the law diligently. As soon as it goes into effect in January, anyone caught offering binary options will face arrest and prosecution, he vowed. "The law is worded in such a way that as soon as someone acts he is breaking the law. He cannot act without receiving a license, and he will not get a license if he asks for one. So any binary options activity is breaking the law. You can't offer it, period." He added, "I don't think that will be an issue. I think problems might arise if someone invents something that is not called binary options but is the same thing in disguise. That's what we'll have to keep an eye on. But the moment we find out about it, we have the ability to investigate and stop it." Asked if the thousands of Israeli binary options fraudsters who stole billions of dollars will go unpunished and be allowed to keep the proceeds of their crimes, Mr. Hauser replied that the new law does not give him the authority to act against people who committed binary options fraud in the past. "If, going forward, someone tries to offer binary options, we will address it. But if someone was fraudulently selling binary options in the past, that is not under our jurisdiction; it is the responsibility of the police." Even then, he added, such crimes may not be easy for the police to prosecute. "The police have to have concrete evidence. Without it, they won't be able to arrest anyone. We can't just arrest people because we think they might be thieves. Look at organized crime, the police are always pursuing the [criminals] but can only catch them when they have concrete evidence. Al Capone was never prosecuted for murder or accused of murder. In the end he was prosecuted for tax evasion." Asked if the police have any plans to arrest binary options fraudsters who operated in the past, Mr. Hauser replied, "I don't know. I assume if people file complaints and the police have concrete evidence, they will do what is expected of them." Can victims get their money back? The Times of Israel has received countless emails from victims of binary options asking how they can get their money back. We have also heard from victims who were scammed a second time by false saviors promising to help them recover their lost funds, demanding an up-front fee, and then disappearing with the money. Pressed on the issue of the stolen billions, Mr. Hauser said emphatically, "We cannot return victims' money." He did indicate, however, that the Israel Securities Authority might be able to offer limited assistance to victims by helping to pay for class action lawsuits brought by victims in Israeli courts. "We don't have civil authority like the Securities and Exchange Commission in the United States. Even with other types of securities fraud we've prosecuted, when the perpetrator goes to jail, the money does not go back to the victim. A victim who wants his money back has to file a class action lawsuit. We sometimes financially support the class action lawsuit if we think it has a chance. That is something that can happen, but someone has to take the initiative." 'It is up to the police to act' While he is alarmed at the prospect of thousands of binary options fraudsters using their skills and resources to plot the next scam, Hauser was adamant that the ISA's authority to act against them is limited. He only has the authority to investigate the next scam if it constitutes a violation of securities laws, he said. He too has heard reports, he said, that some Israeli companies offer to help binary options victims get their money back, take a fee and then fail to follow through, but, he said, to the extent that this is happening, it is not a securities violation. "That sounds like it could be fraud, but it's something the police have to address; it's not our jurisdiction. The police have tens of thousands of employees; we're a very small government agency," Mr. Hauser noted. "And that's why our authority is limited to one specific area." To emphasize how limited his authority is, Mr. Hauser described a media campaign a few years ago in which people opposed to what they considered his strong regulatory hand made ad hominem attacks against him in newspapers, referring to his ex-romantic partners and how unhappy they were with him. "Someone had written the article falsely using the name of a doctoral student at the University of Haifa. There was nothing I could do about it. I had to go to the police myself." Mr. Hauser said he is aware of other scams being perpetrated by binary options fraudsters, like "diamond investments" offered by French-speaking salespeople sitting in call centers in Israel, and possible cryptocurrency scams. But in each case, he said, he needs to determine what the ISA's jurisdiction is and what is the police's. "Initial coin offerings have components that are similar to public offerings, but in most cases they're not a security, so to the extent that someone is committing fraud in connection with initial coin offerings, it may not be our jurisdiction." Asked if the Israel Securities Authority has considered instituting a whistleblower program, like those in the United States and Canada, where citizens can come forward with evidence of wrongdoing and receive a financial reward, Hauser said he had considered and rejected the idea. You can sit in a classroom in Israel with people copying on a test and no one will say anything "We have spoken about whistleblower programs many times. It's very problematic. There are people who blow the whistle out of moral conviction and not for money. The issue of money complicates things and we don't think it would be viable from a legal point of view," he said. In any case, added Hauser, he does not think Israel has a "whistleblowing culture." "You can sit in a classroom in Israel with people copying on a test and no one will say anything. In the United States, I think if people see a student copying on a test they will say something." Despite ten years of metastasizing fraud, the Israeli police have arrested fewer than 20 binary options fraudsters, and not a single one has been convicted. The Times of Israel asked the Israel Police if it is investigating large-scale binary options fraud and other types of scams perpetrated by Israelis against victims abroad. Spokesman Micky Rosenfeld said: "I can neither confirm nor deny that there are investigations taking place. If victims file complaints, then it stands to reason that the police are investigating them." Why was the law watered down? The law that passed on October 23 was a constrained version of a law drafted by Hauser that was introduced earlier this year. The original bill would not only have banned the entire binary options industry, but also forex and CFD companies that operate from Israel without a license. It was subsequently watered down to apply narrowly to binary options. Critics have charged that this creates a loophole and that, with the new law in place, fraudulent binary options companies can simply tweak the product they offer and continue to operate. Asked why it was so difficult to pass the binary options law in its original form, Mr. Hauser replied, "I think in general there was consensus. But there was a fear that the tech companies -- I don't know if it was a real fear or if something was hiding behind it -- would not be able to continue with their activity of tech development, and also that we did not express enough concern for the people who would be losing their jobs." (At a Knesset Reforms Committee meeting on August 7 where the bill was being finalized, representatives of the binary options platform provider SpotOption argued that the law to ban binary options would prevent them from selling their technology, which they argued should be separate from the product itself.) Hauser rejected the notion that the curtailed law reduces the Israel Securities Authority's powers. "The original law was general. Our thinking was that if someone comes along and offers binary options but calls it something else, say, 'pink flower,' we wanted to make sure they could not do it. But then legal advisers said the law was too broad, because forex trading platforms are permitted by Israeli law." Hauser said the law was changed in an effort to be more precise and that it does not detract from the ISA's authority to stop similar scams. "If we think there is an instrument that is a binary option dressed up as something else, we have the option to go to the finance minister and ask for the authority to stop it. We don't need the expanded [earlier] version of the law that referenced forex as well." With the binary options ban going into effect in January, most binary options firms have already left Israel, Hauser told The Times of Israel. "I hope they are not moving to other countries where they will let them do this. If Israelis are operating scams in other countries it will blow back against us," he lamented. "But you can't say the Israeli Securities Authority did not do everything possible to stop this." [GN] * Sen. Susan Collins Votes to Repeal CFPB's Arbitration Rule ------------------------------------------------------------ Todd Mason, writing for Bangor Daily News, reports that in October Sen. Susan Collins once again demonstrated her support of Maine's credit unions and other local financial institutions by voting to repeal the Consumer Financial Protection Bureau's arbitration rule. While some view and criticize her vote as anti-consumer, her vote was decidedly pro-consumer. The rule would have banned most forced arbitration clauses and allowed consumers to join together to sue their bank or credit card company to resolve financial disputes. Had the rule gone into full effect, it would have emboldened trial lawyers to seek out frivolous lawsuits that often generate large legal bills benefiting themselves, but provide minimal relief to those they represent. The bureau's own data show that the average payout to consumers is $32.35. The U.S. Department of Treasury found that the rule would have generated an additional 3,000 class actions over the next five years, resulting in "extraordinary costs" for businesses. It estimated that additional class actions would have cost businesses more than $500 million in additional legal defense fees, $330 million in payments to plaintiffs' lawyers, and $1.7 billion in settlements. Because credit unions are owned by their members, the burden of the higher legal costs would have been borne directly by members. Worse, over the past few months, credit unions have even been plagued by demand letters and litigation threats from trial lawyers allegedly representing the interest of consumers who are not even members, which equates to the resources of the membership primarily being redirected to trial lawyers. When the rule was being finalized 399 members of Congress, including Collins, signed a letter to the bureau asking it to tailor the rule to address bad actors and to limit the impact on credit unions and community banks, a request that was not addressed in the rule's final form. If it had, the outcome and our position might have been different. The rule failed to take into account the different size and structure of credit unions and the harm that class-action litigation can cause them. In the United States, nearly half of all credit unions, 2,708 out of approximately 6,000 credit unions, have five or fewer full-time employees. More than half have assets of less than $50 million. Moreover, credit unions with less than $20 million in assets account for more than 40 percent of all U.S. credit unions. Let me be clear, Maine credit unions do not use or enforce arbitration clauses on a widespread basis. Both disputes with their members and the existence of arbitration clauses in credit union contracts are infrequent, and the evidence can be found in consistently high consumer ratings. Credit unions' member ownership structure means we tend to pull out all the stops to work with members who may find themselves in a dispute with their credit union in order to come to a solution that is good for all parties. Having the option of arbitration gives consumers, credit unions and their members a chance to stay out of court, adding a layer of protection for all members' pooled resources. We understand the important place regulations have in our industry, but the bureau's one-size-fits-all approach failed to recognize that credit unions are different than Wall Street banks. Because of Collins, credit unions can continue to work with their members on legal matters in ways that are fair and make sense for everyone involved. The arbitration rule would have been harmful to the very consumers it is supposed to help, and we thank Collins for her vote to protect the resources of credit union members. The bureau should be using its rules to stand up to those who abuse consumers, not deprive demonstrably consumer-friendly entities of every tool at their disposal to do what's best for their members. In the case of Collins, we appreciate her doing what the bureau would not -- stand up in support of our members, the nearly 700,000 Maine consumers that use a credit union. Todd Mason is the president and CEO of the Maine Credit Union League, the state trade association for Maine's 56 credit unions with nearly 700,000 members. [GN] * Two Alaska Senators Vote to Repeal CFPB's Arbitration Rule ------------------------------------------------------------ Joe Schierhorn, writing for Newsminer, reports that two Alaska senators recently joined a majority in the U.S. Senate in voting to repeal a rule issued this summer by the Consumer Financial Protection Bureau. The rule limited consumers' legal options by effectively banning arbitration as a means to resolve disputes over financial products. Instead, the bureau wanted to force Alaskans to navigate the court system where class-action lawyers waited to earn fat fees, but the CFPB's own data tells us consumers usually end up with little if anything from class-action lawsuits. Thankfully, both houses of Congress stepped in and repealed the rule with courageous lawmakers like Sens. Lisa Murkowski and Dan Sullivan as well as Rep. Don Young choosing consumers over class- action lawyers. Congress acted after both the Treasury Department and the CFPB's fellow regulator, the Office of the Comptroller of the Currency, issued reports criticizing the rule and warning of its negative consequences for consumers if they lost access to arbitration. Members of Congress had to see through a lot of misinformation from class-action lawyers and other CFPB supporters about how consumers fare in arbitration versus class actions. The CFPB's own study of the issue showed that in cases where arbitrators found for consumers and granted an award, the average award was $5,389. Meanwhile, in 87 percent of class-action settlements the bureau studied, consumers received nothing. The 13 percent that did result in settlements only got money to an estimated 4 percent of class members -- and the average amount was just $32.35. The real beneficiaries were the class-action lawyers themselves, who pocketed $424 million, or $1 million per case. Those are the CFPB's own numbers. During the debate on Capitol Hill, some CFPB supporters suggested that the rule would have protected customers whose personal information was compromised in the Equifax data breach. But the rule wouldn't have applied to the breach. Furthermore, some CFPB supporters raised concerns that repealing the rule could hurt our military men and women, but service members are already protected by a separate law, the Military Lending Act, that covers almost all financial transactions. The rule's repeal does not affect that law. The reality is few people in or out of the military ever have a dispute like this, and when they do it's usually resolved quickly and amicably between customers and their financial institution without ever having to consider arbitration or court. In 2016, for example, credit card accounts had only a 0.006 percent complaint rate. The facts are clear: Arbitration is an independent, neutral way to resolve disputes fairly, quickly and to consumers' advantage. It's certainly preferable for banks and other businesses that want to work with their customers to find solutions without needlessly enriching class-action lawyers and, most importantly, it's also a better deal for consumers. The CFPB's own study shows that consumers who prevail in arbitration win 166 times compared with those who prevail in class actions. Sens. Murkowski and Sullivan were wise to vote in favor of this pro-consumer repeal, and we thank them for standing up for Alaskans. Joe Schierhorn is president of the Alaska Bankers Association. [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 * * *