/raid1/www/Hosts/bankrupt/CAR_Public/171214.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, December 14, 2017, Vol. 19, No. 247
Headlines
3M CO: Faces "Zimmerman" Suit in Western District Michigan
ACORDA THERAPEUTICS: Pomerantz Law Firm Files Securities Suit
ADVANCED CALL: Faces "Baliber" Suit in E.D. New York
ALDOUS & ASSOCIATES: Faces "Cedeno-DaVila" Suit in E.D. New York
ALLERGAN INC: Police Pension Fund Hits Cyclosporine Price-Fixing
APPLE NYC CORP: "Mei" Seeks Overtime, Spread-of-Hours Pay, Tips
ARAMARK UNIFORM: Faces "Bruccheri" Suit in Cal. Super. Ct.
AROMA FRANCHISE: Faces "Jorge" Suit in S.D. New York
AVE LUNCH BOX: Faces "Rivera" Suit in E.D. New York
BAKER HUGHES: $3 Million Class Action Settlement
BECKER & POLIAKOFF: Shulman Sues for Breach of Contract
BOFFI NEW YORK: Faces "Young" Suit in Southern District of NY
CABO RESTAURANT: Faces "Sanango" Suit in S. Dist. New York
CBE GROUP: Faces "Madar" Suit in Eastern District New York
CBE GROUP: "Gutierrez" Hits Annoying Collection Calls
CDK GLOBAL LLC: JCF Sues Over Data Mgmt Systems Price-fixing
CENTRAL FINANCIAL: Faces "Philips" Suit in N.D. Alabama
CORINTH, MS: Faces "Brown" Suit in N.D. Mississippi
CREDENCE RESOURCE: Spencer Sues Over $5 Credit Card Charges
CREDIT CONTROL: Faces "Sims" Suit in District of New Jersey
CREDIT CORP: Faces "Farrell" Suit in E.D. New York
DINOSAUR RESTAURANTS: Faces "Martinez" Suit in E.D. New York
E-GRID TECH LLC: "Garcia" Suit Seeks Unpaid Overtime Wages
EATALY GROUP: "Robreno" Labor Suit Claim Unpaid Overtime Pay
EXCELSIOR COLLEGE: Florida Plaintiffs Say Online College Deceptive
EQUIFAX INC: Faces "Whittington" Suit in N.D. Georgia
EQUIFAX INC: "Hyatt" Sues Over Data Breach, Claims Damages
EQUIFAX INC: Credit Union Hits Data Breach, Claims Damages
FABERGE INC: Faces "Jorge" Suit in Southern District of NY
FITNESS CLUB: Faces "Castrellon" Suit in Central District of Cal.
FLOOR AND DECOR: Class Action Claims Tiles Don't Measure Up
FLORIDA'S FINEST: "Northrup" Sues Over Illegal SMS Ads
FLORIDA: Federal Judge Orders State to Treat Sick Inmates
FORD MOTOR CO: Faces "Dye" Suit in Northern District of Illinois
GIGAMON INC: "Sharpenter" Suit Seeks to Block Sale to Ginsberg
GIGAMON INC: "Tonfack" Suit to Halt Merger Deal, Seeks Financials
GOOGLE INC: Judge Dismisses Women's Gender Bias Class Action
GRAFF DIAMONDS: Faces "Young" Suit in Southern District of NY
HCI SYSTEMS: Faces "Martz" Suit in S. Dist. Calif.
HEBEI WELCOME: DOJ Urges SCOTUS to Hear Case vs Vitamin Cartel
INDIANA: $1 Billion Class-Action Lawsuit Over Trucking Fees
INTERNATIONL RECOVERY: Faces "Oliver" Suit in New York S.C.
INTERNATIONAL RECOVERY: Faces "Caceres" Suit in New York S.C.
INTREPID USA: "Mitcham" Seeks Unpaid Overtime Wages
INVENTURE FOODS: Rubin Sues Over Sale to Utz Quality
IOVATE HEALTH: Faces "Hu" Suit in S.D. New York
IOWA: Disabled Iowans Seek to Sustain Medicaid Lawsuit
ISLAND HOSPITALITY: Faces "Flynn" Suit in W.D. of Pennsylvania
JEFFERSON COUNTY, KY: Retroactive Pay Lawsuit Settled
JJ FOOD MARKET: Faces "Moreno" Suit in Southern District New York
KENTUCKY: Arriola Files Class Action in Eastern District
LAS VEGAS RESORT: Inman Sues Over Illegal Tax on Internet Use
LENDINGCLUB CORP: Stull Law Firm Files Securities Class Suit
LOWE'S HOME: Faces "Saenz" Suit in C.D. Calif.
ME BATH SPA: Saleh Sues Over Illegal SMS Ads
MERIDIAN BIOSCIENCE: Brower Piven Files Class Action Lawsuit
MONARCH RECOVERY: Faces "Espinal" Suit in E.D. of New York
NATIONAL CREDIT: Faces "Hayes" Suit in N.D. Texas
NCAA: $208MM Antirust Class Settlement Has Final Court Approval
NEW ORLEANS: Judge Orders Refund for 3 Yrs of Traffic Camera Fines
NEW YORK: Sued Over Lack of Enforcement in Family Courts
NIKE INC: Added to Suit Over Use of Student-Athletes' Images
NORTHWEST BAY: Faces BPS LOT 3 Suit in NY Supreme Court
NSW AMBULANCE: Paramedics Launch Class Action
OASIS LEGAL: Seeks 11th Circuit Review of Ruling in "Davis" Suit
OHIO: Cities Challenge State's Takeover of Local Taxes
OHIO: Toxic Homes Under Review for a Possible Class Action Case
OMEGA HEALTHCARE: Bronstein Gewirtz Files Securities Suit
ONTARIO: Inmates Allege Systematic Negligence in Prison
OPSEU: Students Exploring Class Suit Against Striking Colleges
OPUS BANK: Class Action Lawsuit Settled
PALISADES COLLECTION: Bankrupt "Moore" Hits Debt Collection
PLASTIPAK PACKAGING: "Hernandez" Suit Seeks Unpaid Overtime Wages
PRESSLER & PRESSLER: Faces "Teahan" Suit in District of NJ
PRIMEX FARMS: Faces "Lopez" Suit in California Superior Court
RAPIDCOURT LLC: Faces "McBride" Suit in E.D. Virginia
RITZ-CARLTON HOTEL: "Fox" Sues Over Additional Gratuity Fees
RYB EDUCATION: "Xiya" Hits Share Price Drop Over Abuse Probe
SASCO HILL BRANDS: Faces "Jorge" Suit in S.D. New York
SHAMROCK ALLIANCE: "Long" Sues Over Unpaid Overtime Wages
SHERWIN-WILLIAMS CO: Faces "Anderson" Suit in C.D. California
SHERWIN-WILLIAMS: Consumers Claims Products Don't Give Protection
SOFIENE CO: Faces "Richardson" Suit in Cal. Superior Court
SKECHERS USA: Dec. 22 Lead Plaintiff Bid Deadline
STARCON INTERNATIONAL: "Smith" Labor Suit Seeks Overtime Pay
SWEETWATER SOUND: Andrews Sues Over Blind-Accessible Website
TOKYO ELECTRIC: US Sailors Face Grim Diagnoses After Fukushima
TREASURE ISLAND: "Shapiro" Sues Over Illegal Tax on Internet Use
TRIANGLE CAPITAL: "Holden" Sues Over Share Price Drop
UBER TECH: "Chadha" Suit Seeks Damages Over Data Breach
UNIVERSAL HANDICRAFT: Faces "Mollicone" Suit in S.D. Cal.
USAMERIBANCORP: "Parshall" Hits Merger Deal, Seeks more Info
VANGUARD GROUP: Appeals Ruling in "Taksir" Suit to Third Circuit
WURTH LOUIS & CO: Faces Craftwood II Suit in Dist. of Colorado
YOUFIT HEALTH CLUBS: "Powell" Suit Hits Illegal SMS Ads
ZAAPPAAZ INC: Accused of Wrist Band Price-Rigging by "Rueckert"
*********
3M CO: Faces "Zimmerman" Suit in Western District Michigan
----------------------------------------------------------
A class action lawsuit has been filed against The 3M Company. The
case is styled Beverly Zimmerman, Samuel Colby, Shannon Colby,
Raymond Espinoza, Rosalie Espinoza, Kevin Riggle, Debra Hilton and
Rochelle Radlinski, on behalf of herself and all others similarly
situated, Plaintiffs v. The 3M Company formerly known as:
Minnesota Mining & Manufacturing Co, a Delaware Corporation,
Wolverine World Wide, Inc., a Delaware Corporation, Waste
Management, Inc., a Delaware Corporation and Waste Management of
Michigan, Inc., a Michigan Corporation, Defendants, Case No. 1:17-
cv-01062-JTN-ESC (W.D. Mich., December 1, 2017).
The 3M Company, formerly known as the Minnesota Mining and
Manufacturing Company, is an American multinational conglomerate
corporation based in Maplewood, Minnesota, a suburb of St.
Paul.[BN]
The Plaintiff is represented by:
Sharon S. Almonrode, Esq.
The Miller Law Firm, PC
950 W. University Dr., Suite 300
Rochester, MI 48307
Tel: (248) 841-2200
Email: ssa@millerlawpc.com
ACORDA THERAPEUTICS: Pomerantz Law Firm Files Securities Suit
-------------------------------------------------------------
Pomerantz LLP disclosed that a class action lawsuit has been filed
against Acorda Therapeutics, Inc. (NASDAQ:ACOR) and certain of its
officers. The class action, filed in United States District
Court, for the Southern District of New York, and docketed under
17-cv-08997, is on behalf of a class consisting of investors who
purchased or otherwise acquired Acorda securities, seeking to
recover compensable damages caused by defendants' violations of
the Securities Exchange Act of 1934.
If you are a shareholder who purchased Acorda securities between
April 18, 2016, and November 14, 2017, both dates inclusive, you
have until January 17, 2018, to ask the Court to appoint you as
Lead Plaintiff for the class. A copy of the Complaint can be
obtained at www.pomerantzlaw.com. To discuss this action, contact
Robert S. Willoughby at rswilloughby@pomlaw.com or 888.476.6529
(or 888.4-POMLAW), toll-free, Ext. 9980. Those who inquire by e-
mail are encouraged to include their mailing address, telephone
number, and amount of shares purchased.
Acorda is a biotechnology company with a focus on the
identification, development, and commercialization of therapies
for neurological disorders. On January 19, 2016, Acorda announced
an agreement to acquire Biotie Therapies Corporation ("Biotie")
for approximately $363 million (the "Biotie Acquisition"). In its
press release announcing the Biotie Acquisition, Acorda advised
investors, inter alia, that the Company "will obtain worldwide
rights to tozadenant, an oral adenosine A2a receptor antagonist
currently in Phase 3 development in Parkinson's disease (PD)." On
April 18, 2016, Acorda acquired approximately 93% of the fully
diluted capital stock of Biotie. In September 2016, Acorda
completed the Biotie Acquisition.
The Complaint alleges that throughout the Class Period, Defendants
made materially false and misleading statements regarding the
Company's business, operational and compliance policies.
Specifically, Defendants made false and/or misleading statements
and/or failed to disclose that: (i) tozadenant entailed
significant undisclosed safety risks; (ii) accordingly, the
Company had overstated tozadenant's approval prospects and
commercial viability; (iii) for the foregoing reasons, the Company
had likewise overstated the benefits of the Biotie Acquisition;
and (iv) as a result of the foregoing, Acorda's shares traded at
artificially inflated prices during the Class Period, and class
members suffered significant losses and damages.
On November 15, 2017, Acorda disclosed the deaths of several
patients in the Company's final-stage studies of tozadenant.
Acorda advised investors that it had paused new enrollment in the
drug's long-term safety studies, pending further discussion with
the independent Data Safety Monitoring Board and the U.S. Food and
Drug Administration.
On this news, Acorda's share price fell $11.20, or 39.72%, to
close at $17.00 on November 15, 2017.
The Pomerantz Firm, with offices in New York, Chicago, Florida,
and Los Angeles, is acknowledged as one of the premier firms in
the areas of corporate, securities, and antitrust class
litigation. Founded by the late Abraham L. Pomerantz, known as the
dean of the class action bar, the Pomerantz Firm pioneered the
field of securities class actions. Today, more than 80 years
later, the Pomerantz Firm continues in the tradition he
established, fighting for the rights of the victims of securities
fraud, breaches of fiduciary duty, and corporate misconduct. The
Firm has recovered numerous multimillion-dollar damages awards on
behalf of class members. See www.pomerantzlaw.com
Robert S. Willoughby
Pomerantz LLP
Email: rswilloughby@pomlaw.com [GN]
ADVANCED CALL: Faces "Baliber" Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Advanced Call Center
Technologies, LLC. The case is styled Kenneth Baliber, on behalf
of himself and all others similarly situated, Plaintiff v Advanced
Call Center Technologies, LLC, Defendant, Case No. 1:17-cv-07004
(E.D. N.Y., December 1, 2017).
Advanced Call provides contact center and back office support
services to companies in the United States.[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
ALDOUS & ASSOCIATES: Faces "Cedeno-DaVila" Suit in E.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Aldous & Associates,
PLLC. The case is styled Mishell Cedeno-DaVila, individually and
on behalf of all others similarly situated, Plaintiff v. Aldous &
Associates, PLLC and John Does 1-25, Defendants, Case No. 1:17-cv-
07133 (E.D. N.Y., December 7, 2017).
Aldous & Associates, PLLC is offers Debt Collection Services.[BN]
The Plaintiff appears PRO SE.
ALLERGAN INC: Police Pension Fund Hits Cyclosporine Price-Fixing
----------------------------------------------------------------
Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund,
on behalf of itself and all others similarly situated, Plaintiff,
v. Allergan, Inc., Defendant, Case No. 17-cv-00755, (E.D. Tex.,
November 27, 2017), seeks damages, injunctive relief, and all
other relief available under federal antitrust laws, state
antitrust laws, and state consumer protection laws.
The action accuses the Defendants of conspiring to fix, maintain,
and/or stabilize the prices of prescription cyclosporine emulsion.
Plaintiff indirectly purchased, paid, and/or provided
reimbursement for these products made by one or more Defendants at
supracompetitive prices.
Allergan is a $23B diversified global pharmaceutical company into
global generics, dermatology and aesthetics, CNS, eye care,
urology, gastro-intestinal, cystic fibrosis, cardiovascular and
infectious diseases. It is based in Dublin, Ireland and U.S.
Administrative Headquarters in Parsippany, New Jersey, USA.
Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund is
a governmental plan established and funded through contributions
from the City of Miami and the plan's members, who are current and
retired sworn officers from the City of Miami Police Department
and their dependents. FOP Miami was established pursuant to a duly
executed Trust Agreement for the purpose of providing medical,
surgical and hospital care or benefits, including prescription
drug benefits, to its members. [BN]
Plaintiff is represented by:
Steve Shadowen, Esq.
D. Sean Nation, Esq.
Matthew C. Weiner, Esq.
Frazer Thomas, Esq.
HILLIARD & SHADOWEN LLP
2407 S. Congress Ave, Suite E
122 Austin, TX 78704
Telephone: (855) 344-3298
Email: steve@hilliardshadowenlaw.com
sean@hilliardshadowenlaw.com
matt@hilliardshadowenlaw.com
fraz@hilliardshadowenlaw.com
- and -
Natalie Finkelman Bennett, Esq.
Jayne Goldstein, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
35 East State Street
Media, PA 19063
Telephone: (610) 891-9880
Facsimile: (610) 891-9883
Email: nfinkelman@sfmslaw.com
jgoldstein@sfmslaw.com
APPLE NYC CORP: "Mei" Seeks Overtime, Spread-of-Hours Pay, Tips
---------------------------------------------------------------
Mei Chun Poon, individually and on behalf all other employees
similarly situated, Plaintiff, v. Apple NYC Corp., d/b/a Apple NYC
Day Spa, Touch of East Nails Spa Inc., and Wen Chen, Defendants,
Case No. 17-cv-06954 (E.D. N.Y., November 29, 2017), seeks unpaid
minimum wages, overtime compensation, liquidated damages,
prejudgment and post-judgment interest, unpaid spread-of-hours
premium, unpaid agreed-upon-wages, redress for unlawful retention
of tips, compensation for failure to provide wage notice at the
time of hiring and failure to provide paystubs in violation of the
Fair Labor Standards Act and New York Labor Laws.
Mei Chun Poon was hired by Defendants to work as a nail technician
and masseuse for Defendants' spa in at 677 Amsterdam Avenue, New
York, NY 10025, working four days a week with no breaks and worked
approximately forty-one hours per week for a daily rate of $75.00,
says the complaint. [BN]
Plaintiff is represented by:
Jian Hang, Esq.
136-20 38th Ave., Suite #10G
Flushing, NY 11354
Telephone: (718) 353-8588
Email: jhang@hanglaw.com
ARAMARK UNIFORM: Faces "Bruccheri" Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Aramark Uniform
Services LLC. The case is styled Vincent Bruccheri, Mario
Contreras, Jerry McNeely, on behalf of themselves and all others
similarly situated and on behalf of the general public, Plaintiff
v. Aramark Uniform Services LLC and Does 1-100, Defendants, Case
No. 34-2017-00223408-CU-OE-GDS (Cal. Super. Ct., December 7,
2017).
Aramark Uniform Services LLC is a provider of uniforms and supply
services.[BN]
The Plaintiff is represented by:
WILLIAM D. TURLEY, Esq.
THE TURLEY LAW FIRM
7428 Trade Street
San Diego, CA 92121
Tel: 619-234-2833
Fax: 619-234-4048
Email: www.turleylawfirm.com
AROMA FRANCHISE: Faces "Jorge" Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Aroma Franchise
Company, Inc. The case is styled Carlos Jorge, on behalf of
himself and all others similarly situated, Plaintiff v Aroma
Franchise Company, Inc. and Aroma USA Inc., Defendants, Case No.
1:17-cv-09472 (S.D. N.Y., December 3, 2017).
Aroma Franchise Company Inc. is a beauty shop located in New York,
New York. [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
AVE LUNCH BOX: Faces "Rivera" Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against The Ave Lunch Box,
Inc. The case is styled Florinda Rivera, individually and on
behalf of others similarly situated, Plaintiff v. The Ave Lunch
Box, Inc. doing business as: The Ave Lunch Box, Ramona Cabrera and
Sheily Perez, Defendants, Case No. 1:17-cv-07154 (E.D. N.Y.,
December 7, 2017).
The Ave Lunch Box Inc is a privately held company in Brooklyn, NY
and is a Single Location business. Categorized under Luncheonette
Food Supply.[BN]
The Plaintiff appears PRO SE.
BAKER HUGHES: $3 Million Class Action Settlement
------------------------------------------------
Courthouse News Service reports that a federal judge approved a $3
million class action settlement against Baker Hughes, for
misclassifying drillers as independent contractors. The settlement
includes about $42,000 per class member, and $750,000 in
attorneys' fees.
The case is MARC MCCULLOCH, et al., Plaintiffs, v. BAKER HUGHES
INTEQ DRILLING FLUIDS, INC., et al., Defendant, No. 1:16-cv-00157-
DAD-JLT (E.D. Calif.).
BECKER & POLIAKOFF: Shulman Sues for Breach of Contract
-------------------------------------------------------
Kevin Shulman and Caran Ross, in their capacities as co-trustees
of the Florence Shulman Pourover Trust, on behalf of itself and
all others similarly situated, Plaintiffs, v. Becker & Poliakoff,
LLP and Chaitman LLP, Defendants, Case No. 17-cv-09330, (S.D.
N.Y., November 29, 2017), seeks general or specific damages,
restitution of all illegally-obtained amounts by Becker &
Poliakoff and Chaitman LLP, costs and attorney fees incurred in
prosecuting this action, pre-judgment interest and such other
relief for breach of contract and fiduciary duties.
Florence Shulman Pourover Trust fell victim to Bernie Madoff's
Ponzi scheme back in 2008 and sought representation from Chaitman
who also signed up hundreds of clients with the same concern.
However, she simultaneously represented both net winners and net
losers in alleged scheme and collected more money collected from
some of her clients who were in direct conflict with each other.
At the same time, Chaitman represented a third group of Madoff
investors who sought to keep assets out of liquidation proceedings
altogether.
Chaitman LLP is a law firm founded by Helen Chaitman in 2015 after
she left Becker & Poliakoff. [BN]
Plaintiff is represented by:
Dylan Ruga, Esq.
STALWART LAW GROUP
41 East 11th Street, 11th Fl.
New York, NY 10003
Phone: (212) 651-9070
Email: dylan@stalwartlaw.com
BOFFI NEW YORK: Faces "Young" Suit in Southern District of NY
-------------------------------------------------------------
A class action lawsuit has been filed against Boffi New York LLC.
The case is styled Lawrence Young, Individually and on behalf of
all other persons similarly situated, Plaintiff v. Boffi New York
LLC and Boffi U.S.A., Inc., Defendants, Case No. 1:17-cv-09526
(S.D. N.Y., December 5, 2017).
The Defendant Boffi is a manufacturer of innovative kitchen and
bath systems.
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
Bronson Lipsky LLP
630 Third Avenue, 5th Floor
New York, NY 10017
Tel: (212) 392-4772
Fax: (212) 444-1030
Email: dlipsky@bronsonlipsky.com
CABO RESTAURANT: Faces "Sanango" Suit in S. Dist. New York
----------------------------------------------------------
A class action lawsuit has been filed against Cabo Restaurant LLC.
The case is styled Jose Luis Sanango, on behalf of others
similarly situated, Plaintiff v. Cabo Restaurant LLC doing
business as Cabo Restaurant, 3764 East Tremont Avenue Restaurant
LLC doing business as Cabo Restaurant and Vianney Morales,
Defendants, Case No. 1:17-cv-09635 (S.D. N.Y., December 7, 2017).
Cabo Restaurant LLC is in the restaurant business.[BN]
The Plaintiff appears PRO SE.
CBE GROUP: Faces "Madar" Suit in Eastern District New York
----------------------------------------------------------
A class action lawsuit has been filed against The CBE Group, Inc.
The case is styled Itschak Madar, on behalf of himself and all
others similarly situated, Plaintiff v The CBE Group, Inc.,
Defendant, Case No. 1:17-cv-07012 (E.D. N.Y., December 1, 2017).
CBE Group provides accounts receivable management and debt
collection services.[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
CBE GROUP: "Gutierrez" Hits Annoying Collection Calls
-----------------------------------------------------
Frank Gutierrez, individually and on behalf of all others
similarly situated, Plaintiffs, v. The CBE Group, Inc and Does 1
through 10, inclusive, Defendant, Case No. 17-cv-02059 (C.D. Cal.,
November 27, 2017), seeks statutory damages and injunctive relief
resulting from violations of the Telephone Consumer Protection
Act.
CBE is a collection agency that provides accounts receivable,
customer retention and debt collection services. Defendant called
Plaintiff using an automatic telephone dialing system to attempt
to collect a consumer debt. The frequency by which the calls were
made bordered on annoyance, harassment and causing inconvenience,
says the complaint. [BN]
Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St. Suite 780,
Woodland Hills, CA 91367
Phone: (877) 206-4741
Fax: (866) 633-0228
Email: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
CDK GLOBAL LLC: JCF Sues Over Data Mgmt Systems Price-fixing
------------------------------------------------------------
JCF Autos LLC, 440 Jericho Turnpike Sales LLC, and Patchogue 112
Motors LLC, on behalf of themselves, and on behalf of all others
similarly situated, Plaintiff, v. CDK Global, LLC and The Reynolds
and Reynolds Company, Defendants, Case No. 17-cv-11975, (D. N.J.,
November 22, 2017), seeks damages, injunctive relief and other
relief pursuant to the Sherman Act and New York General Business
Laws and from unjust enrichment.
Defendants are alleged of allocating market share, reducing
competition, and fixing, raising and maintaining and/or
stabilizing prices in the market for the provision of data
management systems to retail automotive dealerships.
CDK and Reynolds are in the business of providing data management
systems services to the auto-dealer industry.
JCF Autos LLC is a Ford dealership in Jersey City, New Jersey.
Plaintiff is represented by:
James E. Cecchi, Esq.
Lindsey Taylor, Esq.
CARELLA, BYRNE, CECCHI, OSTEIN, BRODY & AGNELLO P.C.
5 Becker Farm Road
Roseland, NJ 07068
Tel: (973) 994-1700
Email: JCecchi@carellabyrne.com
LTaylor@carellabyrne.com
- and -
Peggy J. Wedgworth, Esq.
Andrei V. Rado, Esq.
MILBERG LLP
One Pennsylvania Plaza
New York, NY 10119
Tel: (212) 594-5300
Email: pwedgworth@milberg.com
arado@milberg.com
- and -
Leonard A. Bellavia, Esq.
Steven Blatt, Esq.
BELLAVIA BLATT & CROSSETT, PC
200 Old Country Road, Suite 400
Mineola, NY 11501
Tel: (516) 873-3000
Email: lbellabia@dealerlaw.com
smalone@dealerlaw.com
CENTRAL FINANCIAL: Faces "Philips" Suit in N.D. Alabama
-------------------------------------------------------
A class action lawsuit has been filed against Central Financial
Control. The case is styled Bobby D Philips pleading on his own
behalf and on behalf of all other similarly situated consumers,
Plaintiff v. Central Financial Control, Defendant, Case No. 2:17-
cv-02011-JHE (N.D. Ala., December 1, 2017).
Central Financial Control is a collection agency.[BN]
The Plaintiff is represented by:
Curtis Hussey, Esq.
HUSSEY LAW FIRM LLC
10 N Section Street #122
Fairhope, AL 36532
Tel: (251) 928-1423
Fax: (866) 317-2674
Email: gulfcoastadr@gmail.com
CORINTH, MS: Faces "Brown" Suit in N.D. Mississippi
---------------------------------------------------
A class action lawsuit has been filed against City of Corinth. The
case is styled Sammy Brown and Brian Keith Howell, On behalf of
themselves and all others similarly situated, Plaintiffs v. City
of Corinth and John C. Ross, In his official capacity as the
Municipal Court Judge of the Corinth Municipal Court, Defendants,
Case No. 1:17-cv-00204-DMB-DAS (N.D. Miss., December 5, 2017).
Corinth is a city in and the county seat of Alcorn County,
Mississippi.[BN]
The Plaintiff is represented by:
Cliff Johnson, Esq.
MacArthur Justice Center
481 Chucky Mullins Drive
University, MS 38677
Tel: (662) 915-6863
Email: cjohnson@macarthurjustice.org
CREDENCE RESOURCE: Spencer Sues Over $5 Credit Card Charges
-----------------------------------------------------------
Vanessa Spencer, on behalf of herself and others similarly
situated, Plaintiff, v. Credence Resource Management, LLC,
Defendant., Case No. 17-cv-04282 (D. Ariz., November 22, 2017),
seeks statutory and punitive damages, reasonable costs and
attorneys' fees incurred in this action, including expert fees and
other and further relief under the Fair Debt Collection Practices
Act and the Electronic Fund Transfer Act.
Defendant is a debt collection agency with principal offices
located in Dallas, Texas. Credence attempted to collect a debt
from Plaintiff owed to Rural Metro Corporation for ambulance
services. Plaintiff agreed to make a one-time payment of
approximately $100 on the Debt, that she would thereafter make six
monthly recurring payments of approximately $196 each from her BMO
Harris checking account through her debit card and, in addition,
pay a $5 card fee for each debit. Plaintiff contests that the
collection of the $5 card fees is not otherwise permitted by law
considering that the Defendant did not provide Plaintiff with a
copy of any document which Plaintiff signed authorizing the
Electronic Fund Transfer Agreement or the preauthorized electronic
fund transfers. [BN]
Plaintiff is represented by:
James L. Davidson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Telephone: (561) 826-5477
Fax: (561) 961-5684
Email: jdavidson@gdrlawfirm.com
CREDIT CONTROL: Faces "Sims" Suit in District of New Jersey
-----------------------------------------------------------
A class action lawsuit has been filed against Credit Control, LLC.
The case is styled William Sims, on behalf of himself and all
others similarly situated, Plaintiff v Credit Control, LLC,
Defendant, Case No. 2:17-cv-12380-KM-MAH (D. N.J., December 2,
2017).
Defendant Credit Control operates a nationwide debt collection
business.[BN]
The Plaintiff is represented by:
RYAN LEYLAND GENTILE, Esq.
LAW OFFICES OF GUS MICHAEL FARINELLA PC
110 Jericho Turnpike-Suite 100
Floral Park, NY 11001
Tel: (201) 873-7675
Email: rlg@lawgmf.com
CREDIT CORP: Faces "Farrell" Suit in E.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Credit Corp
Solutions Inc. The case is styled Kristine M. Farrell,
individually and on behalf of all others similarly situated,
Plaintiff v. Credit Corp Solutions Inc. doing business as: Tasman
Credit, Defendant, Case No. 2:17-cv-07142-ADS-GRB (E.D. N.Y.,
December 7, 2017).
Credit Corp is a receivables management company that purchases and
collects consumer debt including unpaid retail finance and sales
finance credit cards and personal loans.[BN]
The Plaintiff is represented by:
Craig B. Sanders, Esq.
Barshay Sanders, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Tel: (516) 203-7600
Fax: (516) 706-5055
Email: csanders@sanderslawpllc.com
DINOSAUR RESTAURANTS: Faces "Martinez" Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Dinosaur
Restaurants, LLC. The case is styled Pedro Martinez, Individually
and as the representative of a class of similarly situated
persons, Plaintiff v. Dinosaur Restaurants, LLC doing business as:
Dinosaur Bar-B-Que, Defendant, Case No. 1:17-cv-07078 (E.D. N.Y.,
December 5, 2017).
The Defendant owns and operate a restaurant located at 700 W.
125th St., New York, NY 10027. [BN]
The Plaintiff appears PRO SE.
E-GRID TECH LLC: "Garcia" Suit Seeks Unpaid Overtime Wages
----------------------------------------------------------
Anthony Garcia, individually, and on behalf of all others
similarly situated, Plaintiff, v. E-Grid Tech, LLC, Fort EPC LLC
and Abe Issa, individually, Defendants, Case No. 17-cv-03223,
(N.D. Tex., November 28, 2017), seeks to recover all unpaid
overtime, liquidated damages, attorneys' fees, and costs under
Sections 207 and 216(b) of the Fair Labor Standards Act.
Defendants are in the business of the sale and installation of
residential solar panels where Garcia worked as home-based
dispatchers, coordinating sales and installation appointments each
morning, follow up with homeowners and provide a summary of the
day's sales, regularly working twelve or more hours in a single
day without overtime. [BN]
Plaintiff is represented by:
Drew N. Herrmann, Esq.
Carley Amyx, Esq.
HERRMANN LAW, PLLC
777 Main St., Suite 600
Fort Worth, TX 76102
Tel: (817) 479-9229
Fax: (817) 260-0801
Email: drew@herrmannlaw.com
EATALY GROUP: "Robreno" Labor Suit Claim Unpaid Overtime Pay
------------------------------------------------------------
Roberto Robreno, Earon Brathwaite and John Doe, individually and
on behalf of all others similarly situated, Plaintiff, v. Eataly
America, Inc., Eataly USA LLC, Eataly NY LLC d/b/a Eataly NYC
Flatiron, Eataly NY FIDI, LLC d/b/a Eataly NYC Downtown, B & B
Hospitality Group LLC, Mario Batali, Joseph Bastianich, Lidia
Bastianich, Nicola Farinetti, Adam Saper and Alex Saper, Case No.
17-cv-09361 (S.D. N.Y., November 29, 2017), seeks unpaid minimum
wages, overtime compensation, liquidated damages, prejudgment and
post-judgment interest, unpaid spread-of-hours premium, unpaid
agreed-upon-wages, redress for unlawful retention of tips,
compensation for failure to provide wage notice at the time of
hiring and failure to provide paystubs in violation of the Fair
Labor Standards Act and New York Labor Laws.
Defendants operate two Eataly marketplaces encompassing ten
restaurants, four cafes, twelve food counters and a market in each
location.
Robreno was hired by Defendants to work as a porter, dishwasher
and delivery preparer at Eataly NYC Flatiron located at 200 5th
Avenue, New York, NY 10010, regularly working 13 hours per day
without overtime pay.
Brathwaite was hired by Defendants to work as a porter for Eataly
NYC Downtown located at 4 World Trade Center, 101 Liberty Street,
Floor 3, New York, NY 10007. He was required to continue working
for an extra hour each time without compensation, says the
complaint. [BN]
Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
EXCELSIOR COLLEGE: Florida Plaintiffs Say Online College Deceptive
------------------------------------------------------------------
Deborah Strange, writing for Gainesville, reports that Micki
Dickerson has been a licensed practical nurse for 17 years. She's
counted plenty of pulses.
But when she took her college's clinical exam, her instructor
failed her because they got different pulse readings.
"There's no way a private distance college can take my good name,
slap a fail on it and have me take it," Dickerson said.
Dickerson, who lives in Melrose, is one of 13 plaintiffs who filed
a class action complaint against Excelsior College, based in
Albany, New York. The complaint argues that Excelsior
misrepresents its Associate Degree in Nursing program and
administers the clinical exam "in an unfair and deceptive manner."
Excelsior is a nonprofit distance-learning college, offering all
of its courses online. It was founded in 1971 by New York state's
Board of Regents.
The Accreditation Commission for Education in Nursing in 2016
found a lack of evidence that the programs incorporate
professional standards and that the expected level of achievement
in completing the program is consistently met. The commission gave
the college "continuing accreditation with conditions."
Dickerson enrolled in the college's nursing program in 2013. She
took the college's Clinical Performance In Nursing Exam, the
eight-credit performance test needed to complete the program and
sit for the National Council of State Boards of Nursing licensure
test, at Southern Regional Medical Center. The medical center has
since closed.
The exam takes 2-1/2 days in an acute care hospital, and Excelsior
students work with actual patients. It's an expensive test to
fail: A student must pay $2,300 to take it. If he or she fails,
it's another $2,300 to retake it. That doesn't include travel or
lodging costs if the hospital is out of town.
"You're blowing $5,000," she said.
Dickerson said in a hospital, if a discrepancy in a vital sign
like a pulse is recorded, someone will double-check the reading.
But during the exam, the instructor told her that wasn't possible.
"In a real setting, that's not going to happen," Dickerson said.
When she tried to appeal the failure, Excelsior stood by the
instructor's method. Students aren't allowed to speak with the
college ombudsman about the exam.
"There's nobody in your corner when it comes to Excelsior," she
said.
"I know in my heart of hearts I did pass that CPNE," she
continued.
Kevin Philpott, from Live Oak, is another plaintiff in the
complaint. He took the exam in this summer but failed.
The college, he said, expected students to learn their practical
skills from a study guide. He went to a workshop in Orlando, but
with 50 other attendees, it was too crowded to practice at every
lesson station, he said.
The workshop cost $300.
"They really don't provide any instructional," said Philpott, who
enrolled in 2012. When he asked teachers for help, they referred
him to the existing study material.
"They don't do any actual teaching or assistance at all," he said.
Philpott was told he would be able to take the CPNE three to six
months after registering for it. Instead, he had to wait 13
months. During those months, the exam transitioned to its 22nd
edition from its 21st edition.
Dickerson and Philpott said the college gave minimal details about
the logistics of the CPNE until they had completed enough courses
to qualify for the exam.
"Once you get that far, you're kind of locked in," said Bruse
Ogilvie, another plaintiff from Pennsylvania.
Excelsior responded to a request for interview with a statement.
"We are proud of our work and will continue to meet and vigorously
defend our mission," the statement said.
The college reached a settlements with plaintiffs of a 2014
complaint. Dickerson, Philpott and Ogilvie didn't know about the
earlier complaint until they began researching the CPNE further.
They found each other and the other plaintiffs online.
Dickerson's and Philpott's enrollment is coming at a high cost.
Dickerson has $10,000 worth of debt from Excelsior. Philpott,
who's taking classes at a slower pace, is $30,000 in debt.
Philpott is now at a community college. He's still enrolled in
Excelsior.
Neither his nor Dickerson's Excelsior credits transfer to other
programs, something they didn't realize when enrolling in the
college.
"It's like starting all over again," Dickerson said. He has
another year of prerequisites to finish before he can apply to the
registered nurse program, which usually takes two years to
complete.
Dickerson feels stuck, as she doesn't have the funds to start
another degree program. She doesn't want anything to do with
Excelsior's programs now.
"I can't afford to do a 'next,'" Dickerson said. "Academically, I
completed everything I could."
Dickerson, Philpott and Ogilvie said they had heard decent things
about Excelsior before enrolling, and they knew registered nurses
who completed the degree program.
The plaintiffs hope Excelsior meet with them in mediation. They
want more students to be aware of their troubles with the program,
especially now that a hospital in Tallahassee is a CPNE testing
site.
Dickerson, Philpott and Ogilvie said they enrolled to bridge the
gap between their professional experiences and the requirements to
become a registered nurse. Dickerson works at a rural health
center that's in need of more nurses.
"There is a demand for nurses," she said. "I think Excelsior
preyed upon the opportunity." [GN]
EQUIFAX INC: Faces "Whittington" Suit in N.D. Georgia
-----------------------------------------------------
A class action lawsuit has been filed against Equifax, Inc. The
case is styled Richard Whittington, individually and on behalf of
all others similarly situated, Plaintiff v. Equifax, Inc.,
Defendant, Case No. 1:17-cv-04940-MHC (N.D. Ga., December 6,
2017).
Equifax Inc. operates a global credit reporting agency that
collects, stores, organizes, analyzes and disseminates data on
millions of consumers. [BN]
The Plaintiff is represented by:
Carin L. Marcussen, Esq.
Federman & Sherwood
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Tel: (405) 235-1560
Fax: (405) 239-2112
- and -
David James Worley, Esq.
Evangelista Worley, LLC
8100 A Roswell Road, Suite 100
Atlanta, GA 30350
Tel: (404) 205-8400
Fax: (404) 205-8395
Email: david@ewlawllc.com
- and -
Gary Green, Esq.
Air Line Pilots Association
6525 Massachusetts Avenue, N.W.
8th Floor
Washington, DC 20036
- and -
James M. Evangelista, Esq.
Evangelista Worley, LLC
8100 A Roswell Road, Suite 100
Atlanta, GA 30350
Tel: (404) 205-8400
Fax: (404) 205-8395
Email: jim@ewlawllc.com
- and -
James Robert Noblin, Esq.
Green & Noblin, P.C.
2200 Larkspur Landing Circle, Suite 101
Larkspur, CA 94939
Tel: (415) 477-6700
Fax: (415) 477-6710
- and -
Joshua D. Wells, Esq.
Federman & Sherwood
10205 N. Pennsylvania Avenue
Oklahoma, OK 73120
Tel: (405) 235-1560
- and -
Kristi Stahnke McGregor, Esq.
Evangelista Worley, LLC
8100 A Roswell Road, Suite 100
Atlanta, GA 30350
Tel: (404) 205-8400
Fax: (404) 205-8395
Email: kristi@ewlawllc.com
- and -
Robert S. Green, Esq.
Green & Noblin, P.C.
2200 Larkspur Landing Circle, Suite 101
Larkspur, CA 94939
Tel: (415) 477-6700
Fax: (415) 477-6710
- and -
William B. Federman, Esg.
Federman & Sherwood
10205 N. Pennsylvania Avenue
Oklahoma, OK 73120
Tel: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
EQUIFAX INC: "Hyatt" Sues Over Data Breach, Claims Damages
----------------------------------------------------------
Joann Hyatt, in behalf of all others similarly situated,
Plaintiffs, v. Equifax, Inc. and Equifax Information Services LLC,
Defendant, Case No. 17-cv-01670, (E.D. Wis., November 28, 2017),
seeks to recover actual and statutory damages, equitable relief,
restitution, reimbursement of out-of-pocket losses, other
compensatory damages, credit monitoring services with accompanying
identity theft insurance and injunctive relief including an order
requiring Equifax to improve its data security pursuant to the
federal Fair Credit Reporting Act and the Wisconsin Deceptive
Trade Practices Act.
Equifax experienced a cybersecurity incident impacting
approximately 143 million U.S. consumers exposing their names,
Social Security numbers, birth dates, addresses, driver's license
numbers and credit card numbers. The companies are supplied with
data about loans, loan payments and credit cards, as well as
information on everything from child support payments, credit
limits, missed rent and utilities payments, addresses and employer
history.
Plaintiffs claim to be victims of the data breach.
Equifax, Inc. and Equifax Information Services LLC are engaged in
the business of assembling, evaluating, and dispersing information
concerning consumers for the purpose of furnishing consumer
reports to third parties upon request. [BN]
Plaintiff is represented by:
Christopher G. Meadows, Esq.
Lawrence G. Albrecht, Esq.
James P. End, Esq.
Christopher G. Meadows, Esq.
FIRST, ALBRECHT & BLONDIS, S.C.
158 N. Broadway, Suite 600
Milwaukee, WI 53202
Telephone: (414) 271-1972
Facsimile: (414) 271-1511
Email: lalbrecht@fabattorneys.com
jend@fabattorneys.com
cmeadows@fabattorneys.com
- and -
Kevin Sharp, Esq.
SANFORD HEISLER SHARP, LLP
611 Commerce St., Suite 3100
Nashville, TN 37203
Telephone: (615) 434-7001
Facsimile: (615) 434-7020
Email: ksharp@sanfordheisler.com
EQUIFAX INC: Credit Union Hits Data Breach, Claims Damages
----------------------------------------------------------
Southwest Louisiana Credit Union, in behalf of all others
similarly situated, Plaintiffs, v. Equifax, Inc. and Equifax
Information Services LLC, Defendant, Case No. 17-cv-04822, (N.D.
Ga., November 29, 2017), seeks to recover actual and statutory
damages, equitable relief, restitution, reimbursement of out-of-
pocket losses, other compensatory damages, credit monitoring
services with accompanying identity theft insurance and injunctive
relief including an order requiring Equifax to improve its data
security pursuant to the federal Fair Credit Reporting Act and the
Wisconsin Deceptive Trade Practices Act.
Equifax experienced a cybersecurity incident impacting
approximately 143 million U.S. consumers exposing their names,
Social Security numbers, birth dates, addresses, driver's license
numbers and credit card numbers. The companies are supplied with
data about loans, loan payments and credit cards, as well as
information on everything from child support payments, credit
limits, missed rent and utilities payments, addresses and employer
history.
Southwest Louisiana Credit Union is a credit union in Lake
Charles, LA who holds consumer deposits, provides consumer loans,
processes consumer transactions, issues credit and debit cards to
consumers. It claims to have suffered financial losses due to the
Equifax Data Breach.
Equifax, Inc. and Equifax Information Services LLC are engaged in
the business of assembling, evaluating, and dispersing information
concerning consumers for the purpose of furnishing consumer
reports to third parties upon request. [BN]
Plaintiff is represented by:
Michael L. McGlamry, Esq.
N. Kirkland Pope, Esq.
POPE McGLAMRY, P.C.
3391 Peachtree Road, NE, Suite 300
Atlanta, GA 30326
Tel: (404) 523-7706
Fax (404) 524-1648
E-mail: efile@pmkm.com
- and -
Chris T. Hellums, Esq.
Jonathan S. Mann, Esq.
PITTMAN DUTTON & HELLUMS, P.C.
2001 Park Place North, Suite 1100
Birmingham, AL 35203
Tel: (205) 322-8880
Fax: (205) 328-2711
Email: chrish@pittmandutton.com
jonm@pittmandutton.com
FABERGE INC: Faces "Jorge" Suit in Southern District of NY
-----------------------------------------------------------
A class action lawsuit has been filed against Faberge Inc. The
case is styled Carlos Jorge, on behalf of himself and all others
similarly situated, Plaintiff v. Faberge Inc., Defendant, Case No.
1:17-cv-09466 (S.D. N.Y., December 3, 2017).
Faberge Inc. is a jewelry firm.[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
FITNESS CLUB: Faces "Castrellon" Suit in Central District of Cal.
-----------------------------------------------------------------
A class action lawsuit has been filed against Fitness Club
Management, LLC. The case is styled Maritza Castrellon,
individually and on behalf of all others similarly situated,
Plaintiff v. Fitness Club Management, LLC, a California limited
liability company, Harman Fitness, LLC, a California limited
liability company and Van Nuys Fitness, LLC, a California limited
liability company, Defendants, Case No. 2:17-cv-08825 (C.D. Cal.,
December 7, 2017).
Fitness Club Management, LLC is a fitness center.[BN]
The Plaintiff appears PRO SE.
FLOOR AND DECOR: Class Action Claims Tiles Don't Measure Up
-----------------------------------------------------------
Jonathan Bilyk, writing for Cook County Record, reports that in
the wake of attempted class action lawsuits aimed at some of the
country's biggest home improvement stores over the size of lumber
pieces they sell, a flooring seller has now become the latest
class action target, as a new lawsuit claims they sell ceramic and
glass tiles that allegedly don't quite measure up to the
dimensions listed on the tag and packaging.
On Nov. 8, attorney Eugene I. Turin Sr., Esq. --
Attorney@EugeneTurinLaw.com -- of Deerfield, filed suit in Cook
County Circuit Court on behalf of named plaintiff Nicky Fuchs
against retailer Floor and Decor.
In her lawsuit, Fuchs alleges Floor and DÇcor misled her and other
customers, leading them to pay more for certain tiles than they
believed they were getting for the money.
The complaint focuses on certain tiles sold by the retailer, which
the label lists as 12 inches by 24 inches.
In reality, the tiles are slightly smaller, measuring 11-3/4
inches by 23-9/16 inches, the complaint alleged.
"Being the wholesale buyer and the retail seller of the product,
Defendant (Floor and DÇcor) knew or should have known that the
product's actual size was materially smaller than the size
displayed on the shelf labels and the product packaging," the
lawsuit asserts.
In her complaint, Fuchs alleges she bought 16 of those tiles from
the Floor and DÇcor store in suburban Skokie in March, later
learning the tiles were smaller than the dimensions listed on the
packaging. She asserts this means she essentially was charged for
11 square inches of tile she never received.
The lawsuit is similar to others brought earlier this year against
home improvement retail giants Home Depot and Menards over the
lumber sold by those stores, which similarly measures slightly
less than the dimensions listed on the label. For instance, a
lumber piece listed as a 2x4 may actually measure only 1.5" x
3.5." Plaintiffs in those cases said this means they are being
cheated.
Plaintiffs in those cases were represented by attorneys Yevgeniy
Y. Turin, Esq., Evan M. Meyers, Esq., and David L. Gerbie, Esq.,
of McGuire Law P.C., in Chicago. Named plaintiffs in those cases
include Mikhail Abramov, who filed suit against Home Depot, and
Michael Fuchs and Vladislav Krasilnikov, who sued Menards.
It is unclear from court documents if Michael Fuchs is related to
the Nicky Fuchs who has similarly sued Floor and DÇcor.
Home Depot and Menards have fought the cases, arguing they are
being punished for merely selling products under a common industry
practice of listing those pieces by their nominal dimensions, even
if their actual dimensions don't precisely correspond.
The case against Home Depot is pending. But in September, U.S.
District Court Judge Edmond Chang dismissed the action against
Menards.
"It would be one thing if packaging prevented access to the height
and width, or if the disputed characteristic of the product was
not readily accessible, like the R value of insulation . . . or
the percentage of biodiesel in a fuel container," Judge Chang wrote in
his Sept. 29 decision. "It is another thing where the Plaintiffs
can readily see if there is a mismatch between what they perceive
as the size on the label and the height and width of the lumber."
The plaintiffs have appealed that decision to the U.S. Seventh
Circuit Court of Appeals in Chicago.
In the action against Floor and DÇcor, as in the Home Depot and
Menards cases, the plaintiffs said the arguments over nominal size
shouldn't matter, as packaging and labels "did not contain any
notices or warnings that the advertised dimensions were 'nominal'
dimensions."
"Plaintiff . . . . relied on Defendant's representations as to its
products' dimensions as they purchased Defendant's tile products,
and specific quantities thereof, to cover a specific intended
square footage," Fuchs' lawsuit said. "Plaintiff . . . would not
have purchased Defendant's tile products had they known the
Defendant's representations as to the dimensions of these products
were false and misleading.
The lawsuit seeks to expand the action to include everyone in
Illinois who bought such tile products from Floor and DÇcor "where
said actual dimensions were smaller than advertised."
In her lawsuit, Nicky Fuchs has asked the court to award actual
and compensatory damages, plus attorney fees. [GN]
FLORIDA'S FINEST: "Northrup" Sues Over Illegal SMS Ads
------------------------------------------------------
John Northrup, on behalf of himself and all others similarly
situated, Plaintiff, v. Florida's Finest Insurance, Inc.,
Defendant, Case No. 17-cv-02025, (M.D. Fla., November 22, 2017),
seeks injunctive relief, requiring Defendant to cease all
solicitation text-messaging activities to cellular telephones
without first obtaining prior express written consent, as well as
an award of statutory damages, costs and reasonable attorney's
fees for violation of the Telephone Consumer Protection Act.
Defendant markets insurance to trucking companies via its
subsidiary, Forerunner Insurance Group. Defendant sends text
messages to consumers using an autodialer on their cellular
telephones without their prior express written consent, says the
complaint. [BN]
Plaintiff is represented by:
Seth M. Lehrman, Esq.
EDWARDS POTTINGER, LLC
425 North Andrews Ave., Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524-2820
Facsimile: (954) 524-2822
Email: seth@epllc.com
- and -
Cory S. Fein, Esq.
CORY FEIN LAW FIRM
712 Main St., #800
Houston, TX 77002
Telephone: (281) 254-7717
Facsimile: (530) 748-0601
E-mail: cory@coryfeinlaw.com
FLORIDA: Federal Judge Orders State to Treat Sick Inmates
---------------------------------------------------------
Palm Beach Post reports that Florida may have to pay millions to
treat as many as 20,000 inmates after a federal judge ruled state
prison officials failed to properly care for felons infected with
the hepatitis C virus.
The Miami Herald reported U.S. District Court Judge Mark Walker on
November 17 ordered the Florida Department of Corrections to treat
inmates who test positive for the viral infection with direct
acting antiviral drugs, a 12-week treatment that now costs about
$37,000 per patient.
Walker concluded the state prisons system had failed to properly
treat inmates due to a lack of funding. He told the state that he
wanted a plan submitted by Dec. 1 that included timetables that
showed how Florida would comply with the order.
"This court will not tolerate further foot dragging," Walker
wrote.
The class action lawsuit was filed in May by three inmates who had
been suffering from hepatitis C but were denied treatment from
both the state and the private companies contracted to provide
medical care in the prison system.
Walker said the state was "deliberately indifferent to the serious
medical needs" and noted that only 13 inmates of the more than
7,000 eligible had ever been given the antiviral drugs, and three
of them were given treatment after being named plaintiffs in the
case.
"If these inmates are not treated, they will undoubtedly suffer
irreparable injury," Walker wrote.
Hepatitis C is a viral infection spread by exposure to blood or
blood products. The most common way people acquire the infection
is through intravenous drug use.
It is not known what the total cost of the testing and treatment
might be, but in the agency's latest budget request, submitted
after the lawsuit was filed, it asked for $19.5 million to treat
500 inmates. Treating the 7,000 to 20,000 inmates the department's
expert says may be eligible could cost the state $200 million to
$700 million more.
Michelle Glady, a department spokeswoman, said the state has not
yet decided whether to appeal the decision.
"FDC is absolutely committed to ensuring all inmates in our
custody are provided medically necessary treatment that is in line
with national standards and our constitutional responsibilities,"
Glady said in a statement provided to the newspaper. "We're
reviewing the order closely and we'll be determining a plan of
action." [GN]
FORD MOTOR CO: Faces "Dye" Suit in Northern District of Illinois
----------------------------------------------------------------
A class action lawsuit has been filed against Ford Motor Company.
The case is styled Rollin Dye, individually, and on behalf of all
others similarly situated, Plaintiff v. Ford Motor Company,
Defendant, Case No. 1:17-cv-08828 (N.D. Ill., December 7, 2017).
Ford designs, manufactures, and services cars and trucks. The
Company also provides vehicle-related financing, leasing, and
insurance through its subsidiary.
The Plaintiff appears PRO SE.
GIGAMON INC: "Sharpenter" Suit Seeks to Block Sale to Ginsberg
--------------------------------------------------------------
Ted Sharpenter, individually and on behalf of all others similarly
situated, Plaintiff, v. Gigamon Inc., Corey M. Mulloy, Paul A.
Hooper, Arthur W. Coviello, Jr., Ted C. Ho, John H. Kispert, Paul
Milbury, Michael C. Ruettgers, Robert E. Switz, Joan Dempsey,
Dario Zamarian, Ginsberg Holdco, Inc., Ginsberg Merger Sub, Inc.,
Elliott Associates, L.P. and Elliott Management Corporation,
Defendants, Case No. 17-cv-06755, (N.D. Cal., November 22, 2017),
seeks to enjoin defendants and all persons acting in concert with
them from proceeding with, consummating, or closing the
acquisition of Gigamon Inc. by Ginsberg Holdco, Inc. and its
wholly-owned subsidiary, Ginsberg Merger Sub, Inc., Elliott
Management Corporation, rescinding it and setting it aside or
awarding rescissory damages in the event defendants consummate the
merger, costs of this action, including reasonable allowance for
attorneys' and experts' fees and such other and further relief
under the Securities Exchange Act of 1934.
Pursuant to the terms of the merger agreement, Gigamon
stockholders will receive $38.50 in cash for each share they own.
The complaint says Defendants filed a proxy statement that failed
to include financial projections and valuation analyses performed
by its financial advisor, Goldman Sachs & Co. LLC, critical to
making their decision on the said merger.
Gigamon develops innovative solutions that deliver visibility and
control of data-in-motion traversing enterprise, federal, and
service provider networks. [BN]
Plaintiff is represented by:
Benjamin Heikali, Esq.
FARUQI & FARUQI, LLP
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Telephone: (424) 256-2884
Facsimile: (424) 256-2885
E-mail: bheikali@faruqilaw.com
- and -
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
Tel: (302) 295-5310
Fax: (302) 654-7530
- and -
RM LAW, P.C.
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Tel: (484) 324-6800
Fax: (484) 631-1305
GIGAMON INC: "Tonfack" Suit to Halt Merger Deal, Seeks Financials
-----------------------------------------------------------------
Fulgence Tonfack, individually and on behalf of all others
similarly situated, Plaintiff, v. Gigamon Inc., Corey M. Mulloy,
Paul A. Hooper, Arthur W. Coviello, Jr., Ted C. Ho, John H.
Kispert, Paul Milbury, Michael C. Ruettgers, Robert E. Switz, Joan
Dempsey and Dario Zamarian, Defendants, Case No. 17-cv-06845,
(N.D. Cal., November 29, 2017), seeks to enjoin defendants and all
persons acting in concert with them from proceeding with,
consummating, or closing the acquisition of Gigamon Inc. by
Ginsberg Holdco, Inc. and its wholly-owned subsidiary, Ginsberg
Merger Sub, Inc., Elliott Management Corporation, rescinding it
and setting it aside or awarding rescissory damages in the event
defendants consummate the merger, plus costs of this action,
including reasonable allowance for attorneys' and experts' fees
and such other and further relief under the Securities Exchange
Act of 1934.
Pursuant to the terms of the merger agreement, Gigamon
stockholders will receive $38.50 in cash for each share they own.
Plaintiff is, and has been at all times relevant hereto, a
continuous stockholder of Gigamon.
Defendants filed a proxy statement that failed to include
financial projections and valuation analyses performed by its
financial advisor, Goldman Sachs & Co. LLC, critical to making
their decision on the said merger, says the complaint.
Gigamon develops innovative solutions that deliver visibility and
control of data-in-motion traversing enterprise, federal, and
service provider networks. [BN]
Plaintiff is represented by:
Joel E. Elkins, Esq.
WEISSLAW LLP
9107 Wilshire Blvd., Suite 450
Beverly Hills, CA 90210
Telephone: (310) 208-2800
Facsimile: (310) 209-2348.
Email: jelkins@weisslawllp.com
- and -
Todd H. Henderson, Esq.
Melissa A. Fortunato, Esq.
BRAGAR EAGEL & SQUIRE P.C.
885 Third Avenue, Suite 3040
New York, NY 10022
Telephone: (212) 308-5858
Facsimile: (212) 486-0462
Email: henderson@bespc.com
fortunato@bespc.com
GOOGLE INC: Judge Dismisses Women's Gender Bias Class Action
------------------------------------------------------------
Maria Dinzeo, writing for Courthouse News Service, reported that a
California judge has dismissed with leave to amend a gender-bias
class action against Google, ruling the women hadn't sufficiently
shown they performed the same work as their male counterparts for
less pay.
Kelly Ellis, Holly Pease and Kelly Wisuri sued in San Francisco
County Superior Court in September, claiming Google violates
California's Equal Pay Act and other state labor laws by
systematically paying them lower wages for the same jobs as their
male counterparts.
The women, who worked as a software engineer, former manager and
former communications specialist, respectively, also accused
Google of keeping women partitioned in compensation levels with
lower ceilings and routinely promoting fewer women and at slower
rates than men.
In an order upholding Google's motion to dismiss issued Dec. 4,
Judge Mary Wiss said the women hadn't offered sufficient facts to
support a class of all women who work for Google in California.
Judge Wiss also said Ms. Ellis, the software engineer, "failed to
provide sufficient factual allegations demonstrating she performed
work that was 'equal' to those performed by her male
counterparts."
Ms. Wisuri, the communications specialist and onetime "Google
Brand Evangelist," likewise failed to meet the equal work
standard, Judge Wiss said.
Gina Scigliano, senior manager of corporate communications at
Google, said in a statement, "As we said before, we work really
hard to create a great workplace for everyone, and to give
everyone the chance to thrive here. If we ever see individual
discrepancies or problems, we work to fix them."
The dismissal comes as Google faces investigation into possible
gender discrimination in its hiring practices by the U.S.
Department of Labor.
The probe began after a statistical regression analysis performed
by the Labor Department Office of Federal Contract Compliance
Programs. Because Google is a federal contractor, it is required
to submit to such audits.
In a post on its blog earlier this year, Eileen Naughton, Google's
vice president of "People Operations," rigorously defended the
company. She wrote Google would comply with an administrative law
judge's order to turn over information on positions and pay going
back 15 years, but added: "We were concerned that these requests
went beyond the scope of what was relevant to this specific audit,
and posed unnecessary risks to employees' privacy.
"Moreover, our own annual analysis shows no gender pay gap at
Google," Ms. Naughton continued. "We invest a lot in our efforts
to create a fair and inclusive environment for all our employees -
- across all genders and races."
Plaintiff Ellis was hired by Google in 2010 as a software engineer
on the Google Photos team. Despite four years of experience, she
was hired as a Level 3 engineer -- a level reserved for recent
college graduates.
That same year, a male counterpart was hired for a similar
position on the same team. Having graduated the same year as
Ms. Ellis and with similar work experience he was hired as a Level
4 engineer, according to the complaint.
Pease says she was hired as a corporate network manager in 2005.
She arrived at the company with 10 years of experience as a
network engineer, and became data warehouse manager shortly after
being hired.
Despite managing engineering teams that developed software
applications, data warehouses, services and data analytics, Pease
says she was kept on a nontechnical job ladder, meaning lower
salary compensation and less room for upward mobility throughout
the company.
Ms. Wisuri says she joined Google's sales division in 2012, after
tech giant acquired the company she worked for.
At the time of the acquisition, Google placed Ms. Wisuri at a
Level 2 sales position despite her 2 1/2 years of experience in
the sales department, the lawsuit says.
Judge Wiss gave the women 30 days to file an amended complaint
only on behalf of those who experienced discrimination.
Their attorney, James Finberg -- jfinberg@altshulerberzon.com --
of Altshuler Berzon in San Francisco, vowed to address Judge Wiss'
concerns.
"We will file an amended complaint by Jan. 3 that addresses the
court's concerns and makes clear that Google violates the
California Equal Pay Act throughout California and throughout the
class period by paying women less than men for substantially equal
work in nearly every job classification," Mr. Finberg said in an
email.
The case is The case is KELLY ELLIS, ET AL. VS. GOOGLE INC., Case
Number CGC-17-561299, filed with the Superior Court of California,
County of San Francisco.
GRAFF DIAMONDS: Faces "Young" Suit in Southern District of NY
-------------------------------------------------------------
A class action lawsuit has been filed against Graff Diamonds (New
York) Inc. The case is styled Lawrence Young, Individually and on
behalf of all other persons similarly situated, Plaintiff v. Graff
Diamonds (New York) Inc., Defendant, Case No. 1:17-cv-09525 (S.D.
N.Y., December 5, 2017).
Graff Diamonds (New York) Inc. is engageg in the retail jewelry
business.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
Bronson Lipsky LLP
630 Third Avenue, 5th Floor
New York, NY 10017
Tel: (212) 392-4772
Fax: (212) 444-1030
Email: dlipsky@bronsonlipsky.com
HCI SYSTEMS: Faces "Martz" Suit in S. Dist. Calif.
--------------------------------------------------
A class action lawsuit has been filed against HCI Systems, Inc.
The case is styled Forrest Martz, an individual, on behalf of
himself in a representative capacity only and on behalf of others
similarly situated, Plaintiff v. HCI Systems, Inc., a California
corporation, Orion Risk Management Insurance Services, Inc., a
California corporation, Universal Background Screening, Inc., an
Arizona corporation and DOES 1 through 50 inclusive, Defendants,
Case No. 3:17-cv-02464-L-BLM (S.D. Cal., December 7, 2017).
HCI Systems, Inc. is engaged in installations of fire alarms and
sprinklers.[BN]
The Plaintiff is represented by:
Thomas D Rutledge, Esq.
Law Office of Thomas D Rutledge
500 West Harbor Drive, Suite 1113
San Diego, CA 92102
Tel: (619) 886-7224
Fax: (619) 259-5455
Email: thomasrutledgelaw@gmail.com
HEBEI WELCOME: DOJ Urges SCOTUS to Hear Case vs Vitamin Cartel
--------------------------------------------------------------
Alison Frankel at Reuters reports that as President Donald Trump
returned to Washington from his long trip to Asia, lawyers at the
U.S. Justice Department defied China's Ministry of Commerce in a
brief urging the U.S. Supreme Court to review the dismissal of an
antitrust class action against a cartel of Chinese vitamin
manufacturers.
The brief, filed by the U.S. Solicitor General and the Justice
Department's antitrust chief, argues that the 2nd U.S. Circuit
Court of Appeals paid too much deference to the Chinese ministry's
characterization of Chinese antitrust law. The U.S. government
recommended the Supreme Court hear the case, Animal Science
Products v. Hebei Welcome Pharmaceutical, to clarify how much
weight U.S. courts should give to foreign sovereigns' descriptions
of their laws.
Lawyers for the Chinese Ministry of Commerce participated in a
meeting in July with the Justice Department and other federal
agencies to lobby against the Solicitor General's recommendation
for Supreme Court review, according to the ministry's lead U.S.
lawyer, Carter Phillips of Sidley Austin. The Chinese government
previously told the U.S. State Department in an official
diplomatic communication that it regards the exercise of U.S.
jurisdiction in this case as an affront.
The ministry is not named as a defendant in the antitrust class
action, in which U.S. vitamin C purchasers accuse several Chinese
manufacturers and exporters of price fixing. But the Chinese
government litigated vigorously as an amicus in the lower courts,
contending that Chinese law compelled the actions of the vitamin
cartel. According to the ministry, the vitamin C cartel was "a
regulatory pricing regime mandated by the government of China."
U.S. District Judge Brian Cogan of Brooklyn nevertheless allowed
the case to go to trial, ultimately entering a $147 million
judgment against the defendants. The 2nd Circuit vacated the
judgment in Sept. 2016. The appeals court said international
comity requires deference to foreign sovereigns when their own law
is at issue. If foreign governments have appeared in U.S.
litigation and stated a reasonable interpretation of their laws,
the 2nd Circuit said, U.S. courts are bound to defer to that
interpretation.
The U.S. vitamin C purchasers, who are represented by Boies
Schiller Flexner, petitioned for Supreme Court review on three
grounds, including the appropriate degree of deference to a
foreign government. According to the petition, the 2nd Circuit
failed to account for significant evidence that the ministry's
depiction of Chinese law has shifted in different tribunals.
The defendants' lawyers at Wilson Sonsini Goodrich & Rosati
countered that the appeals court "cogently harmonized" precedent
from the Supreme Court and other federal circuits -- and repaired
frayed relationships between the U.S. and China, to boot.
The Justice Department stayed out of the case at the trial court
and the 2nd Circuit. In June, however, the Supreme Court asked the
Solicitor General to file a brief expressing the views of the U.S.
government.
As is typical, the Solicitor General's office met with both sides
to hear their arguments. The meetings were held back-to-back on
July 24, and, according to Boies Schiller partner William
Isaacson, included not just lawyers from the Justice Department
but also representatives from a bevy of federal agencies,
including the State Department, the Securities and Exchange
Commission and the Internal Revenue Service. "Everyone who could
possibly be affected was there," he said.
In response to comity arguments from the defendants and the
Chinese ministry, Boies Schiller pointed out that the Justice
Department previously advocated against conclusory deference to
foreign sovereigns' interpretations of their laws in 2003's McNab
v. U.S., in which the U.S. government successfully opposed Supreme
Court review of the conviction of a Honduran fisherman.
Jonathan Jacobson of Wilson Sonsini, who is counsel of record for
members of the vitamin C cartel, said his side was disappointed
the Justice Department ended up recommending the Supreme Court
take the case. He said DOJ's call for clarity on the standard of
deference due to foreign governments seems to be legally -- and
not politically-motivated.
"I do not believe this came from the White House," Jacobson said.
"There's nothing in the brief to support the idea that this is an
entire reset" of U.S. commercial relations with China, he said.
Isaacson agreed the DOJ brief seems rooted in law, not politics.
"I think they're taking a position of great integrity about law
enforcement," he said. "The fact that they did this and recognized
it is straight down the pike." (The plaintiffs' counsel of record
at the Supreme Court is Boies Schiller partner Michael Gottlieb.)
The Justice Department's recommendation probably increases the
likelihood that the Supreme Court will agree to hear the case,
though it's not a guarantee. If the justices grant the petition,
Jacobson said, he is confident the Chinese Ministry of Commerce
will appear as an amicus.
I emailed the Justice Department and left a phone message at the
SG's office but didn't immediately hear back.
INDIANA: $1 Billion Class-Action Lawsuit Over Trucking Fees
-----------------------------------------------------------
Tony Cook, writing for Indy Star, reports that a class-action
lawsuit accuses the state of Indiana of illegally collecting more
than $1 billion in fees from truckers across the nation -- and
could set up a high-stakes showdown between two top Indiana
Republicans.
The lawsuit filed November 17 in Marion County Superior Court
accuses the Indiana Department of Revenue of collecting annual
Unified Carrier Registration fees from hundreds of thousands of
truckers across the nation without authorization under Indiana
law.
The attorney behind the lawsuit is Jim Bopp, Esq. a high-powered
Republican attorney from Terre Haute best known for representing
Citizens United in a U.S. Supreme Court case that overturned
restrictions on political spending by corporations, nonprofits and
labor unions.
"I'm a conservative who does not want to see government
overreaching, taxing people and collecting money unless the people
authorize it through the legislature," Bopp said. "What's
important to me is that government stays within its bounds. This
has got to be one of the most expensive violations of law that
I've seen."
His client is the Small Business in Transportation Coalition, a
trucking industry trade group with a colorful and controversial
leader who recently organized a parade of big rigs in Washington
D.C. to promote expanded gun rights and who has been accused by
the Federal Trade Commission of deceptive business practices.
On the other side of the lawsuit is the administration of
Republican Gov. Eric Holcomb -- specifically the Indiana
Department of Revenue and its commissioner, Adam Krupp.
A spokeswoman for the Department of Revenue said she couldn't
comment on pending litigation.
The stakes could be huge.
Indiana handles registrations and fees on behalf of 41 states
under the so-called Unified Carrier Registration Plan, a federally
authorized compact that allows interstate truckers to register and
pay fees just once a year, rather than in multiple states.
Bopp said the state collects $100 million a year in UCR fees from
close to 400,000 truckers a year. The fees depend on the size of
the fleet, the form of payment and location of the truck's home
base, but begin at $76 per vehicle, according to the lawsuit.
"Without such authority under Indiana law, INDOR's nationwide
collection of the UCR-related fees is unlawful and every trucker
since 2008 is entitled to a refund of these illegally collected
fees," Bopp said.
The lawsuit comes four months after the state settled the second
of two class-action lawsuits over unauthorized Bureau of Motor
Vehicle fees. Between settlements and voluntary refunds, the BMV
admitted to overcharging Hoosier drivers more than $115 million
over 15 years.
The group behind the new lawsuit over trucking fees is led by a
controversial figure in the transportation industry -- James Lamb.
The Federal Trade Commission filed a complaint against him,
several of his companies and an associate last year for allegedly
tricking small commercial trucking businesses into paying them $19
million by impersonating government transportation agencies.
Lamb has argued that there were disclaimers on his companies'
marketing materials that stated the companies were third parties.
He has counter-sued the FTC, alleging that the federal agency
falsely characterized him by exaggerating his culpability and
using inflammatory language.
Lamb is also a proponent of expanded gun rights for truckers.
He created a Facebook site called "Trucker Lives Matter" and is
the author of "Mike's Law," proposed federal legislation named
after a Michael Boeglin, an unarmed trucker who was shot inside
his truck in Detroit. The proposal would allow commercial truckers
to carry firearms across state lines. [GN]
INTERNATIONL RECOVERY: Faces "Oliver" Suit in New York S.C.
-----------------------------------------------------------
A class action lawsuit has been filed against International
Recovery Associates, Inc. The case is styled as Jay Obo Oliver, on
behalf of himself and all others similarly situated, Plaintiff v.
International Recovery Associates, Inc., Defendant, Case No.
610711/2017 (N.Y., December 1, 2017).
The Defendant is a collection agency.[BN]
The Plaintiff is represented by:
MITCHELL L. PASHKIN, ESQ.
775 PARK AVE, SUITE 255
HUNTINGTON, NY 11743
Tel: (631) 629-7709
The Defendant is represented by:
ROBERT L. ARLEO, ESQ.
380 LEXINGTON AVE, 17TH FLR
NEW YORK, NY 10168
Tel: (212) 551-1115
INTERNATIONAL RECOVERY: Faces "Caceres" Suit in New York S.C.
-------------------------------------------------------------
A class action lawsuit has been filed against International
Recovery Associates, Inc. The case is styled Lisa Caceres, on
behalf of herself and all others similarly situated, Plaintiff v
International Recovery Associates, Inc., Defendant, Case No.
611372/2017 (N.Y., December 1, 2017).
The Defendant is a collection agency.[BN]
The Plaintiff is represented by:
MITCHELL L. PASHKIN, ESQ.
775 PARK AVE, SUITE 255
HUNTINGTON, NY 11743
Tel: (631) 629-7709
The Defendant is represented by:
ROBERT L. ARLEO, ESQ.
380 LEXINGTON AVE, 17TH FLR
NEW YORK, NY 10168
Tel: (212) 551-1115
INTREPID USA: "Mitcham" Seeks Unpaid Overtime Wages
---------------------------------------------------
Tina Mitcham, on behalf of herself and all others similarly
situated, Plaintiff, v. Intrepid U.S.A., INC. and F.C. of Kentucky
Inc., d/b/a Intrepid USA Healthcare Services, Defendants, Case No.
17-cv-00703 (W.D. Ky., November 22, 2017), seeks to recover unpaid
overtime wages owed to workers under the Fair Labor Standards Act
and under Kentucky state law.
Defendant provides home care services where Plaintiff works for
Intrepid as a Licensed Practical Nurse. [BN]
Plaintiff is represented by:
J. Chris Sanders, Esq.
CHRIS SANDERS LAW PLLC
517 West Ormsby Avenue
Louisville, KY 40203
Telephone: (502) 814-0094
Email: csanders@chrissanderslaw.com
- and -
Jerry E. Martin, Esq.
David W. Garrison, Esq.
Barrett Johnston, Esq.
MARTIN & GARRISON LLC
414 Union Street, Suite 900
Nashville, TN 37219
Telephone: (615) 244-2202
Facsimile: (615) 252-3798
Email: jmartin@barrettjohnston.com
dgarrison@barrettjohnston.com
- and -
Peter Winebrake, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Phone: (215) 884-2491
Facsimile: (215) 884-2492
Email: pwinebrake@winebrakelaw.com
INVENTURE FOODS: Rubin Sues Over Sale to Utz Quality
----------------------------------------------------
Byron H. Rubin, on behalf of himself and all others similarly
situated, Plaintiff, v. Inventure Foods, Inc., Terry E. McDaniel,
Macon Bryce Edmonson, Ashton D. Asensio, Paul J. Lapadat, Timothy
A. Cole and Joel D. Stewart, Defendants, Case No. 17-cv-04295 (D.
Ariz., November 22, 2017), seeks to enjoin defendants and all
persons acting in concert with them from proceeding with
consummating, or closing the acquisition of Inventure Foods by
Heron Sub, Inc., a direct and wholly-owned subsidiary of Utz
Quality Foods, LLC, rescinding it and setting it aside or awarding
rescissory damages in the event defendants consummate the merger.
The lawsuit also seeks costs of this action, including reasonable
allowance for attorneys' and experts' fees and such other and
further relief under the Securities Exchange Act of 1934.
Utz will acquire all of the outstanding shares of Inventure Foods
common stock through an all cash tender offer at a purchase price
of $4.00 per share.
According to the complaint, Defendants filed a proxy statement
that failed to include financial projections and valuation
analyses performed by its financial advisor, Rothschild Inc.,
critical to making their decision on the said merger.
Inventure Foods, Inc. is a marketer and manufacturer of specialty
food brands under a variety of company owned and licensed brand
names, including Boulder Canyon Foods, Jamba, Seattle's Best
Coffee, Rader Farms, TGI Fridays, Nathan's Famous, Vidalia Brands,
Poore Brothers, Tato Skins, Willamette Valley Fruit Company, Fresh
Frozen, Bob's Texas Style and Sin-in-a-Tin. [BN]
Plaintiff is represented by:
Gerald Barrett, Esq.
WARD, KEENAN & BARRETT, P.C.
3838 N. Central Avenue, Suite 1720
Phoenix, AZ 85012
Telephone: (602) 279-1717
Facsimile: (602) 279-8908
Email: gbarrett@wardkeenanbarrett.com
- and -
Richard A. Acocelli, Esq.
Michael A. Rogovin, Esq.
Kelly C. Keenan, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Tel: (212) 682-3025
Fax: (212) 682-3010
Email: racocelli@weisslawllp.com
mrogovin@weisslawllp.com
IOVATE HEALTH: Faces "Hu" Suit in S.D. New York
-----------------------------------------------
A class action lawsuit has been filed against Iovate Health
Sciences U.S.A. Inc. The case is styled as Miao Xin Hu, on behalf
of herself and all others similarly situated, Plaintiff v. Iovate
Health Sciences U.S.A. Inc., Defendant, Case No. 1:17-cv-09427
(S.D. N.Y., December 1, 2017).
Iovate Health Sciences U.S.A., Inc. manufactures and sells a line
of weight loss dietary supplements to major retailers in the
United States.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Lee Litigation Group, PLLC
30 East 39th Street
2nd Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
Email: cklee@leelitigation.com
IOWA: Disabled Iowans Seek to Sustain Medicaid Lawsuit
------------------------------------------------------
Tony Leys, writing for Des Moines Register, reports that the
departure of a controversial Medicaid management company from Iowa
strengthens disabled residents' legal claims against a top state
official and should not lead to their federal lawsuit's dismissal,
their lawyers contend.
The advocacy group Disability Rights Iowa is suing Iowa's
Department of Human Services director on behalf of six disabled
Iowans who say the state's 2016 shift to private management of its
Medicaid system has led to illegal cuts to services. State lawyers
earlier this month asked a federal judge to dismiss the lawsuit
because all six plaintiffs have their care overseen by AmeriHealth
Caritas, a national company that is dropping out of the Iowa
program. The state lawyers contend the plaintiffs haven't shown
they would be harmed by having their care overseen by one of the
other two managed-care companies helping run the program.
Disability Rights Iowa lawyers filed a response. They have
focused their lawsuit on Department of Human Services Director
Jerry Foxhoven, not the managed-care companies, because they say
it is the state's responsibility to ensure Medicaid members are
provided services they need to stay out of nursing homes or other
institutions.
"There is no evidence that (Foxhoven) or any of the remaining
managed care companies intends to come into compliance with
constitutional or statutory due process or to restore (the
plaintiffs') services or budgets," the plaintiffs' response says.
". . . In other words, their injuries continue despite
AmeriHealth Caritas ending its contract with defendant."
The plaintiffs' lawyers also contend the state took another step
to illegally limit Medicaid members' rights when it recently
signed amended contracts with the managed care companies
Amerigroup and UnitedHealthcare. The contracts now say Medicaid
members can't appeal the companies' decisions to deny them
"exceptions to policy," under which many disabled Iowans in the
past received services or care beyond what is spelled out in state
law. "Neither the state nor the managed care organizations have
the authority to remove or alter beneficiaries' constitutional
rights," the lawyers wrote.
U.S. District Judge Rebecca Goodgame Ebinger is considering
whether to let the lawsuit go forward and whether to grant the
plaintiffs' request to declare the case a "class action,"
representing more than 15,000 Medicaid members. The plaintiffs are
not seeking a financial award, but want the judge to order state
officials to change the way Medicaid is handling the situation.
[GN]
ISLAND HOSPITALITY: Faces "Flynn" Suit in W.D. of Pennsylvania
--------------------------------------------------------------
A class action lawsuit has been filed against Island Hospitality
Management, LLC. The case is styled Gertrude Mae Flynn,
individually and on behalf of all others similarly situated,
Plaintiff v. Island Hospitality Management, LLC, Defendant, Case
No. 2:17-cv-01590-DSC (W.D. Penn., December 7, 2017).
Island Hospitality Management, LLC provides hotel management
solutions.[BN]
The Plaintiff is represented by:
R. Bruce Carlson, Esq.
Carlson Lynch Sweet & Kilpela, LLP
1133 Penn Avenue
5th Floor
Pittsburgh, PA 15222
Tel: (412) 322-9243
Email: bcarlson@carlsonlynch.com
JEFFERSON COUNTY, KY: Retroactive Pay Lawsuit Settled
-----------------------------------------------------
Kasey Cunningham, writing for Wave 3 News, reports that a former
Jefferson County Public Schools employee has settled a lawsuit
with the district over retroactive pay.
Walter Logan retired on September 1, 2016 after 32 years with
JCPS.
Logan and his attorneys, Ted Gordon, Esq. and Peter Jannace, Esq.
claim the school district owed Logan almost $700 in back wages.
The school board approved a raise for employees during the 2016-
2017 school year. Although Logan had already retired when the pay
raise was approved, his contract was still considered active
during that time, Gordon said.
On November 17, Gordon went to court with the intention of filing
a class action lawsuit on behalf of JCPS employees impacted by the
retroactive pay raise.
Instead, JCPS settled. Part of the settlement was to drop the
class action lawsuit.
Logan was pleased with the outcome, according to Gordon.
"It's a shame it had to go that far, but we are settled and we are
pleased we reached an amicable settlement and Mr. Logan was very
pleased to accept the offer," Gordon said.
Gordon encourages other JCPS employees who retired between July 1,
2016 and September 27, 2016 to find out if they qualify for the
retroactive raise.
"Facts of the case have arisen that suggest that there are several
people that also have contracts with the district that we argue
were breached in this manner," Gordon's attorney Peter Jannace
said. [GN]
JJ FOOD MARKET: Faces "Moreno" Suit in Southern District New York
-----------------------------------------------------------------
A class action lawsuit has been filed against JJ Food Market Corp.
The case is styled as Aurelio Flores Moreno and Lucino Morales
Victoria, on behalf of others similarly situated, Plaintiffs v. JJ
Food Market Corp. doing business as: JJ Food Market and Julian
Ramos, Defendants, Case No. 1:17-cv-09439 (S.D. N.Y., December 1,
2017).
JJ Food Market Corp is a grocery store.[BN]
The Plaintiffs appear PRO SE.
KENTUCKY: Arriola Files Class Action in Eastern District
--------------------------------------------------------
A class action lawsuit has been filed against Commonwealth of
Kentucky. The case is styled Antonio Arriola, Keath Bramblett,
Christopher Hopper, Walter A. Noland, Donald Roberts and David
Voyles, Individually and on behalf of all others similarly
situated, Plaintiffs v. Commonwealth of Kentucky, Commonwealth of
Kentucky Cabinet for Justice and Public Safety, Commonwealth of
Kentucky Corrections Department, J. Michael Brown, Individually,
LaDonna Thompson, Individually, Chris E. Cropp, Individually, John
Tilley, Individually and Rodney Ballard, Individually,
Defendants, Case No. 3:17-cv-00100-GFVT (E.D. Ky., December 6,
2017).
The Commonwealth of Kentucky is a state located in the east south-
central region of the United States. Although styled as the "State
of Kentucky" in the law creating it, Kentucky is one of four U.S.
states constituted as a commonwealth.[BN]
The Plaintiffs are represented by:
Gregory Allen Belzley, Esq.
Belzley Bathurst, Attorneys
P.O. Box 278
Prospect, KY 40059
Tel: (502) 292-2452
Email: gbelzley@aol.com
LAS VEGAS RESORT: Inman Sues Over Illegal Tax on Internet Use
-------------------------------------------------------------
Ian Inman, on behalf of themselves and all others similarly
situated, Plaintiffs, v. Las Vegas Resort Holdings, LLC, Case No.
17-cv-02950 (D. Nev., November 28, 2017), seeks damages and
restitution for the total amount of taxes Defendants unlawfully
charged and collected on the portion of the Resort Fees that
constitutes charges for Internet access pursuant to the Internet
Tax Freedom Act.
Defendants charge overnight guests a mandatory, per-night resort
fee which includes daily access for two guests each day to the
fitness center at the property, daily in-room Internet access for
two devices, and all local phone calls. When charging a Resort Fee
that included Internet access, Defendants applied the Clark County
Combined Transient Lodging Tax to the entire amount of the Resort
Fee, which includes the portion of the Resort Fee that constitutes
charges for Internet access.
Las Vegas Resort Holdings operates as SLS Hotel & Casino.
Plaintiffs were guests at these hotels and claim to be taxed for
internet access. [BN]
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
Tel: (702) 341-5200
Fax: (702) 341-5300
Email: dspringmeyer@wrslawyers.com
bschrager@wrslawyers.com
- and -
R. Bryant McCulley, Esq.
MCCULLEY MCCLUER PLLC
1022 Carolina Blvd., Ste. 300
Charleston, SC 29451
Tel: (855) 467-0451
Fax: (662) 368-1506
Email: bmcculley@mcculleymccluer.com
- and -
Michael Dell'Angelo, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Tel: (215) 875-3000
Fax: (215) 875-4604
Email: mdellangelo@bm.net
LENDINGCLUB CORP: Stull Law Firm Files Securities Class Suit
------------------------------------------------------------
Stull, Stull & Brody reminds investors that a class action lawsuit
was commenced in the United States District Court for the Northern
District of California on behalf of purchasers of stock of
LendingClub Corporation ("LendingClub" or the "Company") during
the period from December 11, 2014 through May 6, 2016 (the "Class
Period"). The complaint alleges, among other things, LendingClub
misled investors with respect to its loan origination volume and
that the Company had material weaknesses in its internal controls.
During the same period of time, LendingClub employees were
purchasing stock in LendingClub's 2014 Employee Stock Purchase
Plan (the "ESPP"). SS&B is investigating whether the registration
statement filed with the Securities and Exchange Commission that
allowed the ESPP to purchase Company stock violated Section 11 of
the Securities Act of 1933 by omitting material facts and
otherwise containing inaccurate, misleading and untrue statements
of fact.
If you participated in LendingClub's ESPP during the Class Period,
your rights may be affected. If you purchased or acquired
LendingClub stock in the ESPP during the Class Period, and you
wish to discuss this your rights or have any questions concerning
this notice or your rights or interests, please contact Michael
Klein, Esq. of SS&B at LC@ssbny.com, telephone 212-687-7230 x147,
or by fax to 212-490-2022.
SS&B has litigated class actions for violations of securities laws
and breaches of fiduciary duty on behalf of defrauded investors
over the past 40 years and has obtained court approval of
substantial settlements on numerous occasions. SS&B has offices
in New York and Beverly Hills. SS&B's website (www.ssbny.com) has
additional information about the firm. [GN]
LOWE'S HOME: Faces "Saenz" Suit in C.D. Calif.
----------------------------------------------
A class action lawsuit has been filed against Lowe's Home Centers,
LLC. The case is styled Joseph Saenz, Individually and on behalf
of all others similarly situated, Plaintiff v. Lowe's Home
Centers, LLC, a North Carolina limited liability company and Does
1 through 20, inclusive, Defendants, Case No. 2:17-cv-08758 (C.D.
Cal., December 5, 2017).
Lowe's Home Centers, LLC operates home improvement stores.[BN]
The Plaintiff appears PRO SE.
ME BATH SPA: Saleh Sues Over Illegal SMS Ads
--------------------------------------------
Bilal Saleh, individually and on behalf of all others similarly
situated, Plaintiff, v. ME Bath Spa Experience LLC, Defendant,
Case No. 17-cv-62322, (S.D. Fla., November 27, 2017), seeks
injunctive relief, requiring Defendant to cease all solicitation
text-messaging activities to cellular telephones without first
obtaining prior express written consent, as well as an award of
statutory damages, costs and reasonable attorney's fees for
violation of the Telephone Consumer Protection Act.
Defendant owns and operates several luxury day spas throughout the
United States including those located in Pembroke Pines FL, Santa
Rosa CA, Simi Valley CA, Lakewood CO, Naperville IL and Tigard OR.
Defendant would often send marketing text messages providing
different types of offers and savings for future services to
individuals without obtaining express written consent. These
messages were sent using mass-automated technology through
Callfire, Inc. [BN]
Plaintiff is represented by:
Jibrael S. Hindi, Esq.
THE LAW OFFICE OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street
Ft. Lauderdale, FL 33301
Telephone: (954) 907-1136
Facsimile: (855) 529-9540
Email: jibrael@jibraellaw.com
MERIDIAN BIOSCIENCE: Brower Piven Files Class Action Lawsuit
------------------------------------------------------------
The securities litigation law firm of Brower Piven, A Professional
Corporation, disclosed that a class action lawsuit has been
commenced in the United States District Court for the Southern
District of Ohio on behalf of purchasers of Meridian Bioscience,
Inc. securities during the period between March 25, 2016 and July
13, 2017, inclusive. Investors who wish to become proactively
involved in the litigation have until January 16, 2018 to seek
appointment as lead plaintiff.
If you wish to choose counsel to represent you and the class, you
must apply to be appointed lead plaintiff and be selected by the
Court. The lead plaintiff will direct the litigation and
participate in important decisions including whether to accept a
settlement for the class in the action. The lead plaintiff will
be selected from among applicants claiming the largest loss from
investment in Meridian securities during the Class Period.
Members of the class will be represented by the lead plaintiff and
counsel chosen by the lead plaintiff. No class has yet been
certified in the above action.
The complaint accuses the defendants of violations of the
Securities Exchange Act of 1934 by virtue of the defendants'
failure to disclose during the Class Period that Meridian's lead
tests provide inaccurate results.
According to the complaint, following a May 17, 2017 press release
by the U.S. Food and Drug Administration ("FDA") warning about the
inaccuracy of the Company's lead tests, and a July 13, 2017
statement by the FDA regarding the status of the investigation
into the inaccurate results, the value of Meridian shares declined
significantly.
If you have suffered a loss in excess of $100,000 from investment
in Meridian securities purchased on or after March 25, 2016 and
held through the revelation of negative information during and/or
at the end of the Class Period and would like to learn more about
this lawsuit and your ability to participate as a lead plaintiff,
without cost or obligation to you, please visit our website at
http://www.browerpiven.com/casesandinvestigations.html. You may
also request more information by contacting Brower Piven either by
email at hoffman@browerpiven.com or by telephone at (410) 415-
6616.
Attorneys at Brower Piven have extensive experience in litigating
securities and other class action cases and have been advocating
for the rights of shareholders since the 1980s. If you choose to
retain counsel, you may retain Brower Piven without financial
obligation or cost to you, or you may retain other counsel of your
choice. You need take no action at this time to be a member of
the class.
Charles J. Piven, Esq.
Brower Piven, A Professional Corporation
1925 Old Valley Road
Stevenson, Maryland 21153
Telephone: 410-415-6616
Email: hoffman@browerpiven.com[GN]
MONARCH RECOVERY: Faces "Espinal" Suit in E.D. of New York
-----------------------------------------------------------
A class action lawsuit has been filed against Monarch Recovery
Management, Inc. The case is styled Nelson Espinal, on behalf of
himself and all others similarly situated, Plaintiff v. Monarch
Recovery Management, Inc., Defendant, Case No. 2:17-cv-07099 (E.D.
N.Y., December 6, 2017).
Monarch Recovery, an accounts receivable management company,
provides financial recovery solutions. It offers collection and
payment.[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
NATIONAL CREDIT: Faces "Hayes" Suit in N.D. Texas
-------------------------------------------------
A class action lawsuit has been filed against National Credit
Audit Corporation. The case is styled as Yolanda Hayes,
individually and on behalf of all others similarly situated,
Plaintiff v. National Credit Audit Corporation, Defendant, Case
No. 3:17-cv-03262-L (N.D. Tex., December 1, 2017).
National Credit Audit Corporation is debt collection agency.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
Marcus & Zelman LLC
1500 Allaire Avenue, Suite 101
Ocean, NJ 07712
Tel: (845) 367-7146
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
NCAA: $208MM Antirust Class Settlement Has Final Court Approval
---------------------------------------------------------------
A federal judge has granted final approval of a $208 million
settlement on behalf of tens of thousands of current and former
NCAA Division 1 student-athletes, ending a novel 2014 antitrust
class-action lawsuit stating the NCAA and its power conferences
deprived the class of the full cost of attendance and illegally
capped scholarships, according to Hagens Berman.
"This case is truly significant, and will mean real repayment --
to the tune of an average $6,000 for those who played for four
years -- in the pockets of tens of thousands of current and former
D1 student-athletes," said Steve Berman, managing partner of
Hagens Berman, and attorney representing the class. "We're pleased
that the court has issued final approval and look forward to
getting settlement checks to class members as soon as possible."
Affected NCAA student-athletes can visit the settlement website
for a more specific calculation of their individual recovery and
eligibility.
The first-of-its-kind suit alleges the NCAA and its most powerful
conference members the Pac-12, Big Ten, Big-12, SEC and ACC
systematically colluded to disrupt the free market and robbed NCAA
Division I players of the full economic benefits of their labor.
The lawsuit argues that in a just scenario, free of the NCAA's
antitrust collusion, schools would gladly compete for the
attendance of talented student-athletes by at least providing the
full cost of attendance through Grants in Aid (GIAs).
"This settlement received zero objections from an enormous class -
- something patently unheard of when dealing with complex
litigation of this size, and no class members opted out to receive
a portion," Berman added. "We believe this stands as clear
testament to its value and benefit."
According to attorneys, checks will be mailed early next year.
The range of average distribution for class members who played his
or her sport for four years is currently estimated to be
approximately $5,000 to $7,500.
"Oftentimes, when someone says 'class action,' images of two-cent
checks in the mail come to mind," Berman said. "Our firm works to
ensure that class-action lawsuits reap real benefits for the most
people possible." The class action also set the stage for changes
made by the NCAA. After its filing in 2014, the NCAA amend its
bylaws to allow colleges to provide up to the cost of attendance
in athletically related aid.
The settlement specifically affects all Division I collegiate
athletes who played men's or women's basketball, or Football Bowl
Subdivision football between Mar. 5, 2010 and the date of
preliminary approval of the settlement, Mar. 21, 2017, and who
received from an NCAA member institution for at least one academic
term (such as a semester or quarter) (1) a full athletics GIA
required by NCAA rules to be set at a level below the cost of
attendance, and/or (2) an otherwise full athletics GIA.
About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action
law firm with offices in 10 cities. The firm has been named to the
National Law Journal's Plaintiffs' Hot List eight times.
Heidi Waggoner, Esq.
Hagens Berman Sobol Shapiro LLP
Tel.No: 206-268-9318
E-mail: heidiw@hbsslaw.com [GN]
NEW ORLEANS: Judge Orders Refund for 3 Yrs of Traffic Camera Fines
------------------------------------------------------------------
Wilborn P. Nobles III, writing for nola.com, reports that a judge
has ruled that New Orleans must pay approximately $28 million in
refunds to thousands of people who paid fines for traffic camera
tickets during the initial years of the enforcement program,
according to the lead attorney in the class action lawsuit Nov.
17.
On November 15, Ad hoc Judge Robert Burns of the Orleans Parish
Civil District Court ruled the city needs to return the money it
collected on any tickets issued from Jan. 1, 2008, to Nov. 3,
2011, plaintiff's attorney Joseph McMahon said. He estimates a
total of 250,000 people deserve to be refunded for the fines.
Since 2008, New Orleans Mayor Mitch Landrieu's administration has
installed 121 cameras known as "red-light cameras" to catch and
penalize speeders in an attempt to improve safety conditions in
city streets. These programs have received criticism from some
lawmakers, who argue it is more of a "money grab" for
municipalities trying to close budget gaps. Landrieu told The
Associated Press in January, however, that traffic enforcement was
the main factor behind the program in New Orleans.
Here's where to find traffic safety cameras already in place.
The Department of Public Works oversaw the operations of the
camera program in the beginning, until Civil District Court Judge
Paulette Irons in November 2011 ruled that was a violation of the
Home Rule Charter, McMahon said. After the Fourth Circuit Court of
Appeals affirmed her ruling, the city transferred the program to
the supervision of the New Orleans Police Department.
"That first (of) almost three years of tickets were invalid,"
McMahon said.
McMahon said the court on November 15 ruled the city had to refund
those invalid tickets. However, he expects the city will likely
appeal the court's decision. McMahon stressed there are probably
"millions of dollars" in civil judgements against the city that
are still unpaid.
"Maybe the city will try to do the right thing (after) taking
money from its citizens that they shouldn't have had to pay," he
said.
Although McMahon declined to disclose his strategy for any
possible appeals from the city, he stressed that he has a plan to
collect the money for those affected by the program. McMahon has
been involved in the case for almost a decade.
The Times-Picayune reported that the current program generated
about $16 million in fines for the city in 2016. The report also
stated the program is expected to generate as much as $24 million
in 2017. [GN]
NEW YORK: Sued Over Lack of Enforcement in Family Courts
--------------------------------------------------------
Matt Reynolds, writing for Courthouse News Service, reported that
chronic delays and lack of enforcement in New York Family courts
leave custodial parents unable to support themselves and their
children when noncustodial parents fall thousands of dollars
behind on support payments, a class action against the state's
family courts claimed on Dec. 6.
Lead plaintiff Liz Martinez and seven other mothers say the Family
Court routinely violates its own rule on deciding cases in 60 to
90 days. The result is the state rewards parents who are
sometimes thousands of dollars behind on their child support
payments, and punishes parents with legal or physical custody who
are forced into debt or onto welfare when the courts fail to offer
them relief, the women say in New York County Supreme Court.
"Unfortunately, for custodial parents in the New York City Family
Court, the vast majority of whom are low-income mothers and
unrepresented by counsel, the reality is that these petitions are
decided many more than three months or even years after the
violation petition is filed," according to the lawsuit filed by
attorney Rene Kathawala with Orrick Herrington.
New York State Courts spokesman Lucian Chalfen said on Dec. 7 that
he had seen the lawsuit but could not comment on pending
litigation.
The mothers ask the New York Family Court to abide by rules that
protect custodial parents and are meant to ensure that
noncustodial parents pay arrears quickly.
The family court should schedule the first appearance no more than
30 days after a noncustodial parent files a petition and judges
should complete proceedings to determine a willful violation
within 60 days, the complaint states. Adjournments of more than
14 days should occur only with good reason, the mothers say.
Lead plaintiff Martinez, of the Bronx, says the system fails to
deliver justice to mothers desperate to meet their children's
needs.
Ms. Martinez is the mother of three children, one of whom has
special needs. When she lost her $15 per hour job, and the father
of her children fell thousands of dollars behind on child support
payments, she petitioned the court.
She filed a first violation petition on Oct. 26, 2015, but faced
several adjournments after he failed to show up in court and
violated court orders. This year the father is still $27,750 in
arrears, and Martinez says she will not get another day in court
until February 2018, after her case was adjourned on Dec. 6.
Ms. Martinez's case is not unusual. Child support arrears in
cases involving custodial parents on public assistance came to $7
billion in the state of New York in 2016, or $11,640 in arrears
per case.
Child support arrears of $497 million were paid in the State of
New York last year, a collection rate of about 7 percent of
support payments owed.
Although New York has introduced courtrooms in the Bronx, Kings
and New York counties dedicated to hearing child support violation
petitions, support magistrate judges in those cases typically
focus on fathers' future payments and employment, the mothers say.
"However, that is a non sequitur, because the point of a violation
petition is to determine the remedy for the noncustodial parent's
willful failure to pay child support in the past," the complaint
states.
A parent who knowingly violates a child support order could face
up to 6 months in jail. But judges' failure to punish violators
has encouraged noncustodial parents to let their payments fall
into arrears, the mothers say. That leaves the burden on low-
income mothers who must turn to public assistance to meet the
needs of their children, and are forced into debt and even into
shelters.
"The economic costs are borne by all of us as government is forced
in many cases to provide public benefits to the custodial parents
and their children because they are not receiving child support,"
the 40-page complaint states.
The mothers seek class certification and mandamus relief, to
assure Family Court complies with Family Court Rule section 205.43
as required by the U.S. Social Security Act.
Defendants include New York State's Chief Judge Janet DiFiore,
Chief Administrative Judge of the Unified Court System Lawrence
Marks, Chief Magistrate of the New York City Family Court Carol
Sherman, and Chief Administrative Judge of the New York City
Family Court Jeanette Ruiz.
Lead counsel Rene Kathwalla -- rkathawala@orrick.com -- with
Orrick, Herrington & Sutcliffe, is assisted by attorneys with
Sanctuary for Families - Center for Battered Women's Legal
Services, both of Manhattan.
The case is LIZ MARTINEZ, HEATHER SCHOONMAKER, DONNA L. TAYLOR
SANDERS, MONA-LISA GARDNER, MONIQUE T. BOWDEN, MARIA MARTUCCI,
EBONY DALEY, VANESSA NUNEZ and all others similarly situated,
Petitioners, -against- JANET DIFIORE, in her official capacity as
Chief Judge of the State of New York and Chief Judicial Officer of
the Unified Court System; LAWRENCE MARKS, in his official capacity
as Chief Administrative Judge of the Unified Court System; CAROL
SHERMAN, in her official capacity as Chief Magistrate of the New
York City Family Court, and JEANETTE RUIZ, in her official
capacity as Chief Administrative Judge
of the New York City Family Court, Respondents, Index No. ____,
filed with the Supreme Court of the State of New York, County of
New York.
Attorneys for Petitioners:
John Ewald, Esq.
Rene Kathawala, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
51 West 52nd Street
New York, NY 10019
Tel: (212) 506-5100
Of Counsel:
Sanctuary for Families
Center for Battered Women's Legal Services
30 Wall Street, 8th Floor
New York, NY 10005
Tel: (212) 349-6009
NIKE INC: Added to Suit Over Use of Student-Athletes' Images
------------------------------------------------------------
Emily Zantow, writing for Courthouse News Service, reports that
the former Ohio State University football player who filed a class
action against the school this summer for allegedly using players'
images and likenesses without permission removed the school and
added Nike to an amended lawsuit.
Former OSU Buckeyes linebacker Chris Spielman filed a 50-page
second amended complaint November 28 in Columbus, Ohio federal
court. He is represented by attorneys from BKD Legal, Wesp Barwell
and Kohrman Jackson & Kranz.
Spielman, who played college football from 1984 to 1987, claims
OSU entered into licensing partnerships that unlawfully utilized
his image and those of the proposed class members.
"Defendants have unreasonably and illegally restrained trade in
order to commercially exploit former players previously subject to
their control, with such exploitation affecting those individuals
well into their post-collegiate lives," the lawsuit states. "The
conduct of defendants, and any and all co-conspirators, is
blatantly anticompetitive and exclusionary, as it diminishes,
negates, or wholly wipes out in total the future ownership
interests of former players in their own images -- rights that all
other members of society enjoy -- even long after student-athletes
have ceased attending and/or participating in applicable
intercollegiate events and/or programs."
The original complaint only named IMG College LLC, Ohio State and
unknown persons and companies. Newly added Nike is a multinational
corporation that develops and sells footwear, apparel, equipment
and other services. Another new defendant, Endeavor LLC, is the
parent company of IMG College.
Spielman also wants to expand the prospective class to include all
current and former student-athletes living in the United States
who, within the last 10 years, competed on any football program in
the NCAA Division I Football Bowl Subdivision for any school that
has or had a licensing or marketing contract with IMG College LLC
or its affiliates.
He argues the amendments to his complaint are necessary because he
was recently made aware of certain "university multi-media rights"
contracts between IMG and OSU. He says IMG and the newly added
companies have or had similar contracts with other colleges that
have football programs.
"These similar contracts, marketing agreements, and/or licenses
with other schools, colleges and universities may have foreclosed
prospective class members from receiving compensation in
connection with the commercial exploitation of their names,
images, and likenesses following their intercollegiate athletic
competition careers," according to his motion to amend.
The former Buckeye filed the original complaint in July, asking a
federal judge to order a permanent injunction prohibiting the
commercial marketing, sale and use of current and former OSU
football players' names and likeness with corporate sponsors. He
also wants the "offending products" -- including banners, jerseys,
pictures and other marketing materials -- confiscated and
destroyed.
He argues IMG, Nike and Endeavor are taking part in an
unreasonable restraint of trade in violation of the Sherman Act.
Spielman also alleges a Lanham Act violation because class members
did not consent to the use of their names, images and likeness.
"In light of the broadened prospective class, the receipt of the
Contract, new defendants, the removal of the Ohio State in his
proposed Second Amended Complaint, and because justice so
requires, Mr. Spielman respectfully submits that leave should be
granted in accordance with Rule 15 in order for him to amend and
supplement his First Amended Complaint," the motion to amend
states.
Nike and Endeavor did not immediately respond November 29 to
emails requesting comment.
In a statement provided by one of his attorneys, Spielman said, "I
love college football and the ultimate goal is for us to create an
atmosphere where universities, corporations, and former players
can all benefit."
After college, Spielman went on to play in the National Football
League for 12 years and ended his career in 1999 with the
Cleveland Browns. He still holds the OSU team record for most
total tackles in a game, according to his complaint, and is the
university's all-time leader in solo tackles.
The case is CHARLES C. SPIELMAN AKA CHRIS SPIELMAN, ON BEHALF OF
HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, vs.
IMG COLLEGE, LLC, [IMG WORLDWIDE, INC., WME ENTERTAINMENT ("WME"),
DBA IMG, DBA INTERNATIONAL MANAGEMENT GROUP, DBA ENDEAVOR LLC]
(COLLECTIVELY REFERRED TO AS "IMG"), AND NIKE, INC.
AND NIKE USA, INC., AND ENDEAVOR LLC, AND JOHN DOES 1-10,
DEFENDANTS, CASE NO. 2:17-CV-612 (S.D. Ohio).
Trial Counsel for Plaintiffs:
Brian K. Duncan, Esq.
Anthony McGeorge, Esq.
BKD LEGAL, LLC
119 East Granville Street
Sunbury, OH 43074
Tel: (740) 965-1347
Fax: (614) 386-0410
Email: bduncan@bkdlegal.com
amcgeorge@bkdlegal.com
Co-Counsel for Plaintiffs:
Gregory P. Barwell, Esq.
WESP BARWELL, LLC
Attorneys at Law
100 E. Broad St., Ste 2350
Columbus, OH 43215
Fax: 614-456-0488
Email: gbarwell@wesplaw.com
-- and --
Samir B. Dahman, Esq.
Alexis V. Preskar, Esq.
KOHRMAN JACKSON & KRANTZ LLP
10 West Broad Street, Suite 1900
Columbus, OH 43215
Tel: 614.427.5750
Fax: 216.621.6536
Email: sbd@kjk.com
avp@kjk.com
NORTHWEST BAY: Faces BPS LOT 3 Suit in NY Supreme Court
-------------------------------------------------------
A class action lawsuit has been filed against Northwest Bay
Partners Ltd. The case is styled BPS LOT 3, LLC and BPS lot 13 LLC
Homeowners Association Inc and on behalf of all other members of
bps lot 3, LLC and BPS lot 13 LLC in the right of bell point
shores Homeownsers Association Inc and on behalf of all other
members of said corporation similarly situated, Plaintiff v.
Northwest Bay Partners Ltd., Michael Obrien, Lake George Park
Commission and Bell Point Shores Northwest Pay Partners Ltd.,
Northwest Bay Funding Inc., Michael Obrien, Lake George Park
Commission and Bell Front Shores Homeowners Association Inc,
Defendants, Case No. 64541/2017, on December 1, 2017, in the New
York Supreme Court.
Northwest Bay Partners Ltd is headquartered in the United States.
The Company's line of business includes holding or owning
securities of companies other than banks.[BN]
The Plaintiff is represented by:
THE MURRAY LAW FIRM, PLLC
MURRAY LAW FIRM
10 MAXWELL DRIVE, SUITE 100
CLIFTON PARK, NY 12065
Phone: (518) 688-0755
The Defendants are represented by:
WALSH& WALSH
42 LONG ALLEY
SARATOGA SPRINGS, NY 12866
Phone: (518) 583-0171
- and -
LITTLE AND O'CONNOR, ESQS.
LITTLE AND O'CONNOR
19 W. NOTRE DAME ST. BOX 898
GLENS FALLS, NY 12801
Phone: (518) 792-2113
NSW AMBULANCE: Paramedics Launch Class Action
---------------------------------------------
Harriet Alexander, writing for Sydney Morning Herald, reports that
ambulance staff whose medical records were sold to solicitors will
launch a class action against NSW Ambulance in the Supreme Court
in an action that will test privacy law.
NSW Ambulance contractor Waqar Malik was convicted of unlawfully
disclosing personal information last year after he sold the
worker's compensation files of 130 former and current employees to
personal injury lawyers.
The files included medical records such as psychiatric assessments
and details of injuries.
Current and former ambulance employees who have joined the class
action argue this sensitive information should have been more
strictly managed, in a statement of claim that alleges breach of
confidence, invasion of privacy, breach of contract and misleading
and deceptive conduct.
They claim NSW Ambulance was liable for their confidential
information being misused because it did not adequately protect
their records, and it gave Malik access to the health records of
employees he was not managing.
Solicitor George Newhouse, who is representing the plaintiffs,
said the litigation would add to the development of privacy law in
Australia.
Class actions for data breaches have been successfully fought in
Canada and the United States, with internet provider Yahoo and
extramarital dating service Ashley Maddison sued by customers when
their personal details were hacked.
"It's still not settled law in Australia whether a tort of breach
of privacy exists and this is an issue that will be determined by
the Supreme Court of NSW if the matter proceeds to final hearing,"
Mr Newhouse said.
The total damages could reach "millions of dollars", with
individuals variously claiming for pain and suffering,
humiliation, psychological injuries and economic loss, Mr Newhouse
said.
"Some of their medical histories are incredibly personal and if
they became public would be incredibly embarrassing for the
individuals involved," Mr Newhouse said.
Lead plaintiff Tracy Evans, who worked in the emergency call
centre, said she was horrified when she learned that her file had
been leaked three years after she left the service.
"It's got the deepest, most personal details in there," she said.
"I'm furious. When I drive past an ambulance which is meant to be
'the most trusted profession', I find myself sticking my finger
up.
"I trusted them."
Former Australian Law Reform Commissioner Barbara McDonald said
there was no legal precedent in Australia for an action based on
invasion of privacy, though the High Court of Australia had left
open the potential for one to be developed by the courts.
"It would need to be a brave court to do it, and then it would no
doubt get appealed all the way up to the High Court," Professor
McDonald said.
"Unfortunately the occasional meritorious cases do seem to get
settled, especially by the media."
The government has not acted on a 2014 recommendation by the
commission to enact a statutory cause of action for invasions of
privacy, which would balance interests in privacy with matters of
public interest, she said.
NSW Ambulance said in a statement it was unable to comment on any
proposed civil litigation.
"The wellbeing of our staff, and the security of their personal
information, is of paramount importance to NSW Ambulance," the
statement said.
"NSW Ambulance reported the rogue actions of former temporary
contractor Mr Malik to NSW Police and provided every assistance to
law enforcement officers during the criminal investigation and
prosecution in 2013." [GN]
OASIS LEGAL: Seeks 11th Circuit Review of Ruling in "Davis" Suit
----------------------------------------------------------------
Defendants Oasis Legal Finance Operating Company, LLC, Oasis Legal
Finance, LLC, and Oasis Legal Finance Holding Company, LLC, filed
an appeal from a court ruling in the lawsuit titled Lizzie Davis,
et al. v. Oasis Legal Finance Operating, et al., Case No. 3:17-cv-
00022-DHB-BKE, in the U.S. District Court for the Southern
District of Georgia.
As previously reported in the Class Action Reporter, the case was
removed from the Supreme Court of Georgia to the District Court.
The Plaintiffs assert that they entered into loan agreements with
Oasis. They allege that said agreements are void because they are
deemed usurious under Georgia Law.
The appellate case is captioned as Oasis Legal Finance Operating,
et al. v. Lizzie Davis, et al., Case No. 17-90026, in the United
States Court of Appeals for the Eleventh Circuit.[BN]
Plaintiffs-Respondents LIZZIE DAVIS, Individually and on Behalf of
all Others Similarly Situated; DENNIS GREEN, Individually and on
Behalf of all Others Similarly Situated; JOHNNY MOODY,
Individually and on Behalf of all Others Similarly Situated; JOHN
SUBER, Individually and on Behalf of all Others Similarly
Situated; SHIRLEY WILLIAMS, Individually and on Behalf of all
Others Similarly Situated; and PAMELA DAVIS are represented by:
Jeremy S. McKenzie, Esq.
KARSMAN MCKENZIE & HART
21 W Park Avenue
Savannah, GA 31401
Telephone: (912) 480-9999
E-mail: jeremy@kmtrial.com
- and -
Robert Bartley Turner, Esq.
SAVAGE TURNER PINCKNEY, PC
102 E Liberty Street, 8th Floor
PO Box 10600
Savannah, GA 31412
Telephone: (912) 231-1140
E-mail: bturner@savagelawfirm.net
Defendants-Petitioners OASIS LEGAL FINANCE OPERATING COMPANY, LLC;
OASIS LEGAL FINANCE, LLC; and OASIS LEGAL FINANCE HOLDING COMPANY,
LLC, are represented by:
Kara Cleary, Esq.
BARNES & THORNBURG, LLP
3475 Piedmont Road NE, Suite 1700
Atlanta, GA 30305-2954
Telephone: (404) 264-4019
E-mail: kcleary@btlaw.com
- and -
William M. McErlean, Esq.
BARNES & THORNBURG, LLP
1 N Wacker Drive, Suite 4400
Chicago, IL 60606-2833
Telephone: (312) 357-1313
Facsimile: (312) 759-5646
E-mail: william.mcerlean@btlaw.com
OHIO: Cities Challenge State's Takeover of Local Taxes
------------------------------------------------------
Matt Reynolds, writing for Courthouse News Service, reports that a
coalition of more than 100 Ohio municipalities are challenging the
legality of a provision in Gov. John Kasich's two-year budget bill
that allows business owners to file tax returns with the state
rather than the villages or cities where they do business.
In a lawsuit filed by the law firm Frost Brown Todd, dozens of
Ohio villages, cities and towns -- including Columbus, Cleveland
and Cincinnati -- asked the Franklin County Court of Common Pleas
to block House Bill 49's municipal income tax provisions.
They claim the bill violates the Ohio Constitution's Home Rule
Amendment, which bars the state from overriding the powers of
local governments.
"The power of taxation is an inherent component of home rule and
the power of local self-government," the Nov. 16 lawsuit states,
adding that Ohio's operating budget usurps "for the state the
local self-government power to administer, receive, and audit
municipal net profits [from] taxes that have been levied."
Ohio lawmakers contend the provision will make filing taxes easier
for companies that frequently do business in more than one
municipality.
But in testimony before the Ohio House Ways and Means Committee in
March, the Ohio Municipal League called the budget proposal a "bad
idea" for the state and local taxpayers and said the bill would
rob villages and cities of income-taxing authority.
"This 'power-grab' by the state and equally alarming 'money-grab,'
would strip the ability of municipal officials from over 600
cities and villages the ability to manage approximately 15 percent
of their general operating budgets or $600 million annually of
municipal taxpayer dollars, instead surrendering this revenue to
the state, for its management and promises of return," Ohio
Municipal League Kent Scarrett said in a prepared statement.
Lawmakers sent the budget bill to Gov. Kasich's desk in June. The
bill's sponsor, Republican Rep. Ryan Smith, said at the time that
the 3,384-page bill would provide $154 million in the fiscal year
of 2018 and $120 million in the fiscal year of 2019 to the state's
schools. It also includes $180 million to combat Ohio's opioid
crisis.
Other provisions would simplify the state tax code by trimming it
from nine to seven tax brackets and cutting the House's
administrative budget by 6 percent.
The bill's municipal income tax provisions became effective on
Sept. 29, according to the lawsuit.
The cities and villages seek a preliminary and permanent
injunction and a ruling that the budget bill's provisions infringe
upon their power of local self-government.
Ohio Attorney General Mike DeWine's office did not immediately
respond November 22 to an emailed request for comment.
OHIO: Toxic Homes Under Review for a Possible Class Action Case
---------------------------------------------------------------
ABC 6 On Your Side reports that attorneys are now eyeing toxic
homes in Central Ohio for a potential class action case.
ABC 6 On Your Side first reported in late October about
Weyerhaeuser floor joists that required remediation at thousands
of homes across the country, including nearly 150 Westport Homes
in Central Ohio.
Weyerhaeuser issued a news release in July about a formula change
to its Flak Jacket fire resistant coating that had a formaldehyde-
based resin that was causing an odor in newly built homes. Since
then, calls and emails poured into ABC 6 from people telling us
they've been dealing with the same issue.
One young couple says they got on board with taking the matter to
court.
Michael and Courtney Walker say they have their baby girl to worry
about as well as their future. They say they reached out to
Pennsylvania law firm, Berger and Montague, which is the same firm
that has filed six class action complaints against Weyerhaeuser
across the country.
The same firm told ABC 6 On Your Side it is looking into the issue
here in Ohio.
The Walkers used Westport Homes to build their first house in
Lithopolis.
Michael Walker is a Senior Airman with the United States Air
Force. He returned from Qatar last November just in time to see
the birth of his daughter, Stella. Three months later, the Walkers
watched as their new house took shape. They closed this summer.
It wasn't long after they settled in to the Wagnalls Run
neighborhood before Courtney says she stated getting sick.
"I chalked it up to really bad allergies. I was taking two allergy
pills a day," said Courtney.
Michael called ABC 6 On Your Side after our original story aired
in late October about toxic homes in central Ohio.
"I can't be in it more than 5 minutes without having dry eyes,
burning in my nose. So it's not a fun atmosphere to be in," said
Courtney.
The couple says they spent 41 days living in the house before they
found out about the Weyerhaeuser floor joists with Flak Jacket
protection that caused a big stink in thousands of new builds
across the country. Nearly 150 are Westport Homes.
The affected joists were made after December 1st, 2016. In a July
press release, Weyerhaeuser admitted a formula change to its fire
resistant Flak Jacket coating, that included a formaldehyde-based
resin, caused the odor.
"Definitely, if I knew about this before we signed I wouldn't have
signed it," said Courtney.
A month after the Walkers closed, they got the same letter Sara
and Joe O'Byrne received from Westport Homes about the joists and
the need for remediation.
Weyerhaeuser is footing the bill for remediation which includes
three options. Painting a top coat over the Flak Jacket, removing
most of it through a mechanical method like dry ice, or a method
that involves removing the joists completely and replacing them
with new ones.
On November 20 on ABC 6 News at 11, ABC 6 looks at why families
are concerned with the options being offered to them, and why they
say the lawsuits are not about money. [GN]
OMEGA HEALTHCARE: Bronstein Gewirtz Files Securities Suit
---------------------------------------------------------
Bronstein, Gewirtz & Grossman, LLC notifies investors that a class
action lawsuit has been filed against Omega Healthcare Investors,
Inc. ("Omega" or the "Company") (NYSE: OHI) and certain of its
officers, on behalf of a class who purchased Omega securities
between February 8, 2017, and October 31, 2017, inclusive (the
"Class Period"). Such investors are encouraged to join this case
by visiting the firm's site: www.bgandg.com/ohi.
This class action seeks to recover damages against Defendants for
alleged violations of the federal securities laws.
On October 31, 2017, Omega held a conference call discussing its
third quarter results. On the call, Daniel J. Booth, Omega's COO,
said that Omega was facing "operator performance issues," and
problems with Signature Healthcare, one of its top ten operators.
Robert Stephenson, Omega's CFO, also said that operating revenue
for the quarter was roughly $220 million, compared to $225 million
for the third quarter of 2016, and that "[t]he decrease was
primarily a result of placing Orianna on a cash basis" that caused
Omega to record no Orianna revenue for the quarter. Stephenson
continued to say that the Company reduced its 2017 adjusted funds
from operations guidance because of "the temporary loss of
Orianna revenue for both the third and fourth quarters" and the
fact that Omega placed another operator, Daybreak, on a cash basis
effective September 1st. Following this news, Omega stock dropped
$2.11 per share, or 6.8%, to close at $28.86 on November October
31, 2017.
The complaint alleges that throughout the Class Period, Defendants
made materially false and/or misleading statements, and failed to
disclose that: (1) that financial and operating results of certain
of Omega's operators were deteriorating; (2) that, consequently,
certain of the Company's operators were experiencing worsening
liquidity issues that were significantly impacting the operators'
ability to make timely rent payments; (3) that, as a result,
certain of the Company's direct financing leases were impaired and
certain receivables were uncollectible; and (4) that, as a result
of the above-mentioned, Defendants' statements about Omega's
business, operations, and prospects, were materially false and/or
misleading and/or lacked a reasonable basis.
A class action lawsuit has already been filed. If you wish to
review a copy of the Complaint you can visit the firm's site:
www.bgandg.com/ohi or you may contact Peretz Bronstein, Esq. or
his Investor Relations Analyst, Yael Hurwitz of Bronstein, Gewirtz
& Grossman, LLC at 212-697-6484. If you suffered a loss in Omega
you have until January 16, 2018 to request that the Court appoint
you as lead plaintiff. Your ability to share in any recovery
doesn't require that you serve as a lead plaintiff.
Bronstein, Gewirtz & Grossman, LLC is a corporate litigation
boutique. Our primary expertise is the aggressive pursuit of
litigation claims on behalf of our clients. In addition to
representing institutions and other investor plaintiffs in class
action security litigation, the firm's expertise includes general
corporate and commercial litigation, as well as securities
arbitration.
Contact:
Peretz Bronstein, Esq.
Yael Hurwitz, Esq.
Bronstein, Gewirtz & Grossman, LLC
Tel.No.: 212-697-6484
E-mail: peretz@bgandg.com [GN]
ONTARIO: Inmates Allege Systematic Negligence in Prison
-------------------------------------------------------
Fatima Syed, writing for The Star, reports that a class action
lawsuit alleging a pattern of "cruel, inhumane and degrading
treatment" toward more than 9,000 inmates at a Southern Ontario
prison has been slowly making its way through the court system.
The $325-million class action is the first certified lawsuit in
Ontario against a prison. Led by London-based lawyer Kevin Egan,
Esq. -- egan@mckenzielake.com -- it covers all inmates who were at
the jail from Jan. 1, 2010, to Aug. 25, 2013. It alleges a pattern
of systemic negligence at the Elgin Middlesex Detention Centre in
London, stating that "overcrowded, unsanitary and unsafe
conditions" and a lack of supervision that violated inmates'
charter rights.
According to these inmates' affidavits, health records and court
testimonies, the prison subjected them to a culture of violence
and intimidation and a lack of proper medical care and
rehabilitation facilities. A report shows that the 40-year-old
institution mainly incarcerates those serving short custody times
as they await bail or trail. Half of the 9,076 inmates were in
custody for one month or less; in fact, a negligible number stayed
longer than six months.
Over the past four years, the provincial Ministry of Community
Safety and Correctional Services has fought Egan's efforts to
certify the class action suit, arguing that the inmates'
experiences were too different and that there are other avenues
they could use, such as submitting a written complaint to the jail
superintendent.
In its statements of defence, the ministry denies all incidents,
stating that, if they had occurred, "they did not occur as a
result of any breach of duty on behalf of the Crown." It denies
allegations of negligence as well, clarifying that the complaints
of overcrowding and lack of supervision are "based on budgetary
constraints" and not a systemic breach of care.
"The population density experienced by a particular inmate is
wholly dependent on which unit they are bunked in, which
particular cell they occupy, and on which day," the ministry wrote
in its motion of appeal.
Despite the appeals, Superior Court Justice Duncan Grace certified
the class action suit in August 2016.
The legal stalemate that has ensued since could soon be at an end,
however, after a motion, issued Nov. 10, granted permission and
access to the records of all inmates who have spent time at Elgin
Middlesex.
A large number of inmates affected by the class action have a
history of convictions that date back to their teenage years, Egan
said. Their files were protected by the Youth Criminal Justice
Act. A judge's order is needed to access their files and provide
notice that they are eligible to be a member of the class action
if they so choose.
Laura Van Colen, 28, is one such inmate. She was arrested for
assault and drug-related charges over the past 10 years. She was
in and out of Elgin Middlesex over a five-year period as she
awaited bail and trial. For her, the class action is a way to
reclaim the rights inmates should have.
"I've never been more humiliated," Van Colen said. "There's so
much damage that's being done there . . . . I have been
traumatized."
"When you're under (the guard's) lock and their key, you have to
do what they say," she said. "Nobody is going to listen, let alone
believe half the things that you say to them because you're the
criminal," she said. "You're the one that broke the law. You're
the one that is being punished."
According to the affidavits and testimonies of the plaintiffs and
other named inmates of this class action, other complaints against
the Elgin Middlesex include:
* Overcrowded cells: The Elgin Middlesex was designed to hold
approximately 150 inmates when it was built in the late 1970s. The
number of people in custody, however, regularly exceeded 400. The
cells, designed to occupy two inmates at a time, frequently housed
up to five, with people sleeping on mattresses, sometimes next to
the cell toilet.
* Unsanitary conditions: Bed bugs and black mould were common,
according to the statement of claim. Sick prisoners were not
housed separately. Cells were not cleaned often. Toilets
overflowed frequently.
* Frequent lockdowns: Prisoners were often confined to their
cells for periods of time, sometimes lasting three to four days or
up to a week.
* Violence: Glenn Johnson, a former inmate at the Elgin
Middlesex told the court during the certification about Friday
fight nights. Two male inmates would be forced to square off
against each other, Johnson alleged; one would be bigger than the
other. Everybody had to fight. It is alleged the guards did not
stop the fights.
An official notice of allegations from a different inmate spoke
about the handwritten notices posted around the prison, allegedly
advising all inmates to take their direction from senior inmates.
The inmate describes being advised by a guard on his first day at
the jail to keep his head down and become familiar with the
internal rules or "he would get hurt."
"Through the grapevine staff will hear about (everything)," said
Johnson, in a cross-examination. "Oh, it was this guy that said
something? So then that guard might not like you and say, 'Hey
guys, want an extra meal? Take that guy in the bathroom and punch
the crap out of him.' "
* Lack of medical care: Inmates claim that there was no
infirmary at Elgin Middlesex and there was no access to medical
staff or health care between 11 p.m. and 7 a.m., a period of time
when fights were most common, according to the testimonies of
inmates.
In response to inquiries about these allegations, a ministry of
corrections spokesperson told the Star in emails that there is
still no infirmary at the jail, and the gymnasium has only
recently reopened, having been closed since 2002. The jail is
running under capacity, wrote the spokesperson. At present, there
are 391 inmates at Elgin Middlesex, 360 male and 31 female.
The ministry said that it has made a number of improvements over
the past couple of years. These include:
* 357 new security cameras, six metal detectors and a new
baggage X-ray machine;
* 24-hour nursing coverage for the inmates;
* A new Regional Intermittent Centre for those who are serving
a sentence of 90 days or less--a way to help resolve overcrowding
issues; and
* More full-time staff, including 80 new correctional officers,
eight nurses, two mental health nurses, two psychologists, two
social workers, two sergeants, six recreation officers, one
rehabilitation officer, one volunteer coordinator and a deputy
superintendent.
Marie-France Lalonde, the minister of correctional services, said
in an email that it new legislation will be introduced this fall
that "if passed, will redefine correctional services in Ontario
and help us improve conditions and outcomes for those in our
custody and care."
The ministry is also looking for sites to build new correctional
centres in Thunder Bay and Ottawa. It is also researching
independent oversight models to find a system for Ontario "that
will enhance accountability to the public and ensure a high degree
of evidence-based standards in corrections."
But, Egan remains skeptical. For starters, the new facilities will
not reduce the problems in London's jail, he said.
Egan and other lawyers in the province say they keep receiving
more and more reports about prison conditions. The complaints shed
light on issues ranging from segregation to lockdowns.
For this reason, Jonathan Ptak, Esq. -- jptak@kmlaw.ca -- a
Toronto-based class action lawyer, believes that a lawsuit like
this, if successful, "will have a sweeping effect on the prison
system." Ptak is not involved with this class action.
"It's something that's of great importance to society," Ptak said,
"judging how we house and the conditions upon which we house
people who are charged with crimes, many of whom will be
acquitted."
Egan would like to get compensation for those who have suffered,
"but more than that we would like to see the situation corrected
so that more people don't suffer, more families don't lose loved
ones," he said. "And actually, it becomes a rehabilitation centre
as intended by the legislation, and not just a warehouse to store
people in."
For Van Colen, it's an attempt to change the culture and
perception of prisons and inmates. She is still angry at the way
she alleges she was treated -- the overflowing toilets, the
delayed health care, the physical assaults.
The guards "were all in the mindset that they can do whatever they
want because we're animals," she said. "Because we're their
prisoners." [GN]
OPSEU: Students Exploring Class Suit Against Striking Colleges
--------------------------------------------------------------
Christine Sharma, writing for insauga.com, reports that as of
October 16, 2017, some 12,000 faculty have been on strike.
Colleges suspended classes for about 500,000 students across the
province with no end in sight. And students have not been pleased,
missing valuable class time as the College Employer Council and
the Ontario Public Service Employees Union (OPSEU)--the union
representing striking workers--have been in talks.
A proposed class action lawsuit has officially begun as of
November 14, 2017, and students are demanding a refund, backed by
Charney Lawyers.
According to The Canadian Press, 14 students have come forward so
far as plaintiffs.
"As matters stand, students may lose an entire semester without
being refunded their tuition and fees, or students may be required
to repeat courses or take extended programs into the new year,"
reads information posted online.
When in college, students pay a whack of tuition fees to receive
an education, and they are clearly not getting what they paid for.
Some might say the colleges had this coming.
The lawsuit aims to "recover damages" on behalf of the students at
the 24 colleges across the province that have been on strike for
several weeks now.
As for what the refund covers? Tuition, meal plan programs, campus
residence, and any other school-related expenses incurred since
all training, classes, testing, and exams have been cancelled
province-wide.
Here's what's happening on the faculty side:
The College Employer Council recently called on OPSEU to suspend
the strike and re-start classes. The Labour Board announced that
it's set to hold a faculty vote on the employer offer--a vote
OPSEU isn't on board with.
This vote is scheduled to take place from November 14 to November
16.
It remains to be seen when students will return to class. [GN]
OPUS BANK: Class Action Lawsuit Settled
---------------------------------------
Shareholder rights law firm Robbins Arroyo LLP disclosed that Opus
Bank (NasdaqGS: OPB) has announced the proposed settlement of the
class action lawsuit filed against the bank by its shareholders.
The complaint was filed in the U.S. District Court for the Central
District of California for alleged violations of the Securities
Exchange Act of 1934 by Opus's officers and directors. Opus
provides various banking products, services, and solutions for
small to mid-sized companies, entrepreneurs, real estate
investors, professionals, and high net worth individuals.
View this information on the law firm's Shareholder Rights Blog:
https://www.robbinsarroyo.com/shareholders-rights-blog/opus-bank-
nov-2017/
Opus Settles Class Action for $17 Million
On November 10, 2017, Opus announced that it had signed a
memorandum of understanding to settle the class action lawsuit
filed against the bank by its shareholders for $17 million. The
lawsuit accused Opus of misrepresenting its financial condition in
the company's press releases and filings with the U.S. Securities
and Exchange Commission by repeatedly touting its strong growth
and performance and predicting a confident outlook for the
company. In reality, the company lacked adequate internal controls
over accounting and financial reporting and its loans were of poor
quality. As a result, Opus had to recognize large charge-offs
associated with many of its loans. When Opus disclosed on October
17, 2016 that earnings for the third quarter of 2016 would include
a $0.59 per diluted share impact from loan charge-offs and was
expected to result in a net loss of approximately $0.05 per
diluted share for the third quarter of 2016, Opus's stock price
fell $7.25 per share, or 21%, to close at $27.20 per share on
October 17, 2016.
Opus Shareholders Have Legal Options
Concerned shareholders who would like more information about their
rights and potential remedies can contact attorney Leonid Kandinov
at (800) 350-6003 -- LKandinov@robbinsarroyo.com --, or via the
shareholder information form on the firm's website.
Robbins Arroyo LLP is a nationally recognized leader in
shareholder rights law. The firm represents individual and
institutional investors in shareholder derivative and securities
class action lawsuits, and has helped its clients realize more
than $1 billion of value for themselves and the companies in which
they have invested.
Contacts:
Leonid Kandinov, Esq.
Robbins Arroyo LLP
Tel.No.: (619) 525-3990
E-mail: LKandinov@robbinsarroyo.com [GN]
PALISADES COLLECTION: Bankrupt "Moore" Hits Debt Collection
-----------------------------------------------------------
Clyde S. Moore, individually and on behalf of all others similarly
situated, Plaintiff, v. Palisades Collection, LLC, a Delaware
limited liability company, Defendant, Case 17-cv-01999 (N.D. Ala.,
November 29, 2017), seek damages and restitution under the Fair
Debt Collection Practices Act.
Palisades operates a nationwide debt collection business and
attempts to collect debts from consumers in virtually every state,
including consumers in the State of Alabama. Defendant attempted
to collect a delinquent consumer debt from Moore, which he
allegedly owed for a Bank One credit card.
On August 1, 2012, Moore and his wife had to file a Chapter 13
bankruptcy petition which included a debt he allegedly owed Bank
One/First USA credit card account among the creditors/debts listed
on the Moores' Schedule of Debts. Defendant continued collection
communications even after Plaintiff had filed for bankruptcy and
faithfully made his plan payments. [BN]
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
Tel: (702) 341-5200
Fax: (702) 341-5300
Email: dspringmeyer@wrslawyers.com
bschrager@wrslawyers.com
- and -
R. Bryant McCulley, Esq.
MCCULLEY MCCLUER PLLC
1022 Carolina Blvd., Ste. 300
Charleston, SC 29451
Tel: (855) 467-0451
Fax: (662) 368-1506
Email: bmcculley@mcculleymccluer.com
- and -
Michael Dell'Angelo, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Tel: (215) 875-3000
Fax: (215) 875-4604
Email: mdellangelo@bm.net
PLASTIPAK PACKAGING: "Hernandez" Suit Seeks Unpaid Overtime Wages
-----------------------------------------------------------------
Hector Hernandez, individually and on behalf of others similarly
situated, Plaintiffs, v. Plastipak Packaging, Inc., Defendant,
Case No. 17-cv-02826, (M.D. Fla., November 22, 2017), seeks unpaid
overtime wages, liquidated damages, compensatory damages, punitive
damages, costs and attorneys' fees and prejudgment and post-
judgment interest associated with the bringing of this action,
plus any additional relief pursuant to the Fair Labor Standards
Act.
Plastipak is a plastic packaging company based in Michigan with a
manufacturing facility at 4211 Amberjack Blvd., Plant City FL
33566 where Hernandez worked as a maintenance mechanic. Plaintiff
alleges that Plastipak failed to pay him a "shift-differential"
pay for working less-desirable shifts and overtime pay if the said
shift was rendered in excess of 40 hours in a work week. [BN]
Plaintiff is represented by:
Kimberly D. Archangelis, Esq.
Andrew R. Frisch, Esq.
MORGAN & MORGAN, P.A.
600 N. Pine Island Road, Suite 400
Plantation, FL 33324
Telephone: (954) 318-0268
Facsimile: (954) 327-3016
Email: kimd@forthepeople.com
afrisch@forthepeople.com
PRESSLER & PRESSLER: Faces "Teahan" Suit in District of NJ
-----------------------------------------------------------
A class action lawsuit has been filed against Pressler & Pressler
LLP. The case is styled as Jeremiah J Teahan, on behalf of himself
and those similarly situated, Plaintiff v. Pressler & Pressler LLP
and John Does 1 to 10, Defendants, Case No. 2:17-cv-12378-WJM-MF
(D. N.J., December 1, 2017).
Pressler & Pressler provides legal services. The Company offers
full service legal advice, asset management, and network
infrastructure utilizing software.[BN]
The Plaintiff is represented by:
Yongmoon Kim, Esq.
Kim Law Firm LLC
411 Hackensack Ave 2 Fl.
Hackensack, NJ 07601
Tel: (201) 273-7117
Fax: (201) 273-7117
Email: ykim@kimlf.com
PRIMEX FARMS: Faces "Lopez" Suit in California Superior Court
-------------------------------------------------------------
A class action lawsuit has been filed against Primex Farms, LLC.
The case is styled Vanessa Lopez on behalf of herself, all others
similarly situated, and on behalf of the general public, Plaintiff
v. Primex Farms, LLC, Defendant, Case No. BCV-17-102816 (Cal.
Super. Ct., December 7, 2017).
Primex Farms provides the highest quality pistachio processing for
growers throughout California.[BN]
The Plaintiff is represented by:
WILLIAM D. TURLEY, Esq.
THE TURLEY LAW FIRM
7428 Trade Street
San Diego, CA 92121
Tel: 619-234-2833
Fax: 619-234-4048
Email: www.turleylawfirm.com
RAPIDCOURT LLC: Faces "McBride" Suit in E.D. Virginia
-----------------------------------------------------
A class action lawsuit has been filed against RapidCourt, LLC. The
case is styled Robert McBride, on behalf of himself and all others
similarly situated, Plaintiff v. RapidCourt, LLC, Defendant, Case
No. 2:17-cv-00628-HCM-LRL (E.D. Va., December 5, 2017).
RapidCourt is a leader in data acquisition technologies,
seamlessly connecting users to relevant records from thousands of
sources.[BN]
The Plaintiff is represented by:
Craig Carley Marchiando, Esq.
Consumer Litigation Associates
763 J Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: craig@clalegal.com
- and -
Elizabeth W. Hanes, Esq.
Consumer Litigation Associates
763 J Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: elizabeth@clalegal.com
- and -
Leonard Anthony Bennett, Esq.
Consumer Litigation Associates
763 J Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Tel: (757) 930-3660
Fax: (757) 930-3662
Email: lenbennett@clalegal.com
RITZ-CARLTON HOTEL: "Fox" Sues Over Additional Gratuity Fees
------------------------------------------------------------
Michael Fox, on behalf of himself and all others similarly
situated, Plaintiff, v. The Ritz-Carlton Hotel Company, LLC,
Defendant, Case No. 17-cv-24284 (S.D. Fla., November 28, 2017),
seeks an injunction directing Defendant to discontinue
inconspicuous and implicit mention of additional charges on their
menu, actual damages, reasonable attorneys' fees and costs,
prejudgment and post-judgment interest and such other and further
relief for violation of Florida Statute 509.214 and Florida's
Unfair and Deceptive Trade Practices Act.
Defendant owned, operated, managed and/or controlled ten hotel
properties in the State of Florida under The Ritz-Carlton brand.
Plaintiff went to a restaurant in a Ritz-Carlton hotel in Florida
and was charged a gratuity of 18% for food and beverages on the
check. There was no mention on the restaurant's menu about this
additional fee and was included in the calculation of the charged
taxes. [BN]
Plaintiff is represented by:
David Marco, Esq.
SMITHMARCO, P.C.
55 W. Monroe Street, Suite 1200
Chicago, IL 60603
Tel: (312) 361-1690
Fax: (312) 602-3911
Email: lsmith@smithmarco.com
dmarco@smithmarco.com
- and -
James A. Francis, Esq.
John Soumilas, Esq.
David A. Searles, Esq.
FRANCIS & MAILMAN, P.C.
Land Title Building, 19th Floor
100 South Broad Street
Philadelphia, PA 19110
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
Email: jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
dsearles@consumerlawfirm.com
- and -
Lewis J. Saul, Esq.
Edward A. Coleman, Esq.
LEWIS SAUL & ASSOCIATES, P.C.
29 Howard Street, 3rd Floor
New York, NY 10013
Tel: (212) 376-8450
Fax: (212) 376-8447
Email: lsaul@lewissaul.com
jhinck@lewissaul.com
ecoleman@lewissaul.com
RYB EDUCATION: "Xiya" Hits Share Price Drop Over Abuse Probe
------------------------------------------------------------
Xiya Qian, individually and on behalf of all others similarly
situated, Plaintiff, v. RYB Education, Inc., Yanlai Shi and Wei
Ping, Defendants, Case No. 17-cv-09261, (S.D. N.Y., November 27,
2017), seeks damages, prejudgment and post-judgment interest,
reasonable attorneys' fees, expert fees and other costs and such
other and further relief pursuant to the Securities and Exchange
Act of 1934.
RYB operates kindergarten and pre-schools in Beijing, China,
providing training in a variety of subjects and languages, teacher
recruitment, guidance, innovative learning, development of
children, rating systems, parents consulting and other services.
RYB failed to disclose that it failed to establish safety policies
to prevent sexual abuse from occurring at its schools. RYB
securities had already been traded at artificially inflated
prices. On November 24, 2017, various news outlets reported that
police have opened an investigation into RYB after numerous
parents accused a RYB nursery of drugging and molesting their
children. On this news, RYB's securities fell $10.28 per share, or
over 38% from its previous closing price, to close at $16.45 per
share on November 24, 2017. [BN]
Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Hui M. Chang, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
hchang@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
Email: pdahlstrom@pomlaw.com
- and -
Peretz Bronstein, Esq.
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
60 East 42nd Street, Suite 4600
New York, NY 10165
Tel: (212) 697-6484
Email: peretz@bgandg.com
SASCO HILL BRANDS: Faces "Jorge" Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Sasco Hill Brands
LLC. The case is styled as Carlos Jorge, on behalf of himself and
all others similarly situated, Plaintiff v. Sasco Hill Brands LLC
and Ghurka Trading & Design LLC, Defendants, Case No. 1:17-cv-
09470-JGK (S.D. N.Y., December 3, 2017).
Sasco Hill, LLC, an equity operating and transitional company,
provides support services for devising transitional ownership
plans.[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
SHAMROCK ALLIANCE: "Long" Sues Over Unpaid Overtime Wages
---------------------------------------------------------
Stephanie Long and Sarah Threet, Individually, and on behalf of
themselves and other similarly situated current and former
employees, Plaintiffs, v. Shamrock Alliance, LLC (d/b/a Huddle
House) and Jason Morgan, Individually, Defendants, Case No. 17-cv-
00072, (M.D. Tenn., November 29, 2017), seeks to recover unpaid
overtime compensation and other damages owed under the Fair Labor
Standards Act.
Defendants own and operate Huddle House franchised restaurants in
the states of Kentucky, Tennessee, and some of the other Eastern
states within the United States.
Plaintiffs were tasked with cooking, cleaning, washing dishes and
utensils, sweeping and mopping floors, serving food, expediting
food, cashiering, unloading food trucks, stocking food and
supplies. [BN]
Plaintiff is represented by:
Gordon E. Jackson, Esq.
James L. Holt, Jr., Esq.
J. Russ Bryant, Esq.
Paula R. Jackson, Esq.
JACKSON, SHIELDS, YEISER & HOLT
262 German Oak Drive
Memphis, TN 38018
Tel: (901) 754-8001
Fax: (901) 759-1745
Email: gjackson@jsyc.com
jholt@jsyc.com
rbryant@jsyc.com
pjackson@jsyc.com
SHERWIN-WILLIAMS CO: Faces "Anderson" Suit in C.D. California
-------------------------------------------------------------
A class action lawsuit has been filed against The Sherwin-Williams
Company. The case is styled Brent Anderson, on behalf of himself
and all others similarly situated, Plaintiff v. The Sherwin-
Williams Company, an Ohio corporation and Does 1 to 100,
inclusive, Defendants, Case No. 2:17-cv-08820 (C.D. Cal., December
7, 2017).
The Sherwin-Williams Company is engaged in the development,
manufacture, distribution and sale of paint, coatings and
related products.[BN]
The Plaintiff appears PRO SE.
SHERWIN-WILLIAMS: Consumers Claims Products Don't Give Protection
-----------------------------------------------------------------
Courthouse News Service reports that a class of consumers claims
in a federal lawsuit that paint giant Sherwin-Williams' Duckback
and SuperDeck deck coating products do not provide the promised
protection, resulting in peeling, cracking and bubbling.
Attorneys for Plaintiffs:
Thomas A. Muzilla, Esq.
THE MUZILLA LAW FIRM, LLC
2996 Kingsley Road
Cleveland, OH 44122
Tel: (216) 401-8607
E-mail: tom@muzillalaw.com
-- and --
Joseph G. Sauder, Esq.
Matthew D. Schelkopf, Esq.
Joseph B. Kenney, Esq.
MCCUNE WRIGHT AREVALO LLP
555 Lancaster Avenue
Berwyn, PA 19312
Tel: (610) 200-0580
Email: jgs@mccunewright.com
mds@mccunewright.com
jbk@mccunewright.com
-- and --
Bryan Clobes, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL
1101 Market Street, Suite 2650
Philadelphia, PA 19107
Tel: (215) 864-2800
Fax: (215) 864-2810
E-mail: bclobes@caffertyclobes.com
-- and --
Daniel O. Herrera, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL
30 N LaSalle St., Suite 3200
Chicago, IL 60602
Tel: (312) 782-4880
E-mail: dherrera@caffertyclobes.com
SOFIENE CO: Faces "Richardson" Suit in Cal. Superior Court
-----------------------------------------------------------
A class action lawsuit has been filed against The Sofiene Company,
LLC, a California Limited Liability Company. The case is styled
Joseph Richardson, on behalf of himself, and all others similarly
situated, and as "aggrieved employees" on behalf of other
"aggrieved employees" under the labor code private attorneys
general act of 2004, Plaintiff v. The Sofiene Company, LLC, a
California Limited Liability Company and Sofiene Toumi,
Defendants, Case No. BCV-17-102798 (Cal. Super. Ct., December 6,
2017).
The Sofiene Company LLC is a help supply service located in
Bakersfield, California.[BN]
The Plaintiff is represented by:
DAVID G SPIVAK, Esq.
The Spivak Law Firm
16530 Ventura Blvd, Ste 312
Encino, CA 91436
Tel: 424) 274-7292
SKECHERS USA: Dec. 22 Lead Plaintiff Bid Deadline
-------------------------------------------------
ClaimsFiler, a FREE shareholder information service, reminds
investors that they have until December 22, 2017 to file lead
plaintiff applications in a securities class action lawsuit
against Skechers U.S.A., Inc. (NYSE: SKX), if they purchased the
Company's shares between April 23, 2015 and October 22, 2015,
inclusive (the "Class Period"). This action is pending in the
United States District Court for the Southern District of New
York.
Get Help
Skechers investors should visit us at
https://www.claimsfiler.com/cases/view-skechers-usa-inc-
securities-litigation-2 or call to speak to our claim center toll-
free at (844) 367-9658.
About the Lawsuit
Skechers and certain of its executives are charged with failing to
disclose material information during the Class Period, violating
federal securities laws.
On October 22, 2015, the Company released its Q3 2015 results,
which revealed net sales far below analysts' consensus estimates
based on $20 million in net sales being moved from Q3 to Q2 2015
because of early customer deliveries as well as a weaker retail
environment than expected.
On this news, the price of Skechers shares plummeted $14.55 per
share, or 31.50 percent, to close on October 23, 2015 at $31.64
per share.
About ClaimsFiler
ClaimsFiler has a single mission: to serve as the information
source to help retail investors recover their share of billions of
dollars from securities class action settlements. ClaimsFiler's
team of experts monitor the securities class action landscape and
cull information from a variety of sources to ensure comprehensive
coverage across a broad range of financial instruments. [GN]
STARCON INTERNATIONAL: "Smith" Labor Suit Seeks Overtime Pay
------------------------------------------------------------
Rusty D. Smith, on behalf of himself and others similarly
situated, Plaintiff, v. Starcon International, Inc., Defendants,
Case No. 17-cv-03595 (S.D. Tex., November 22, 2017), seeks
overtime compensation, liquidated damages, reasonable and
necessary attorneys' fees, costs pursuant to the Fair Labor
Standards Act.
Starcon is a full service mechanical contractor that provides
industrial and mechanical contracting services such as capital
construction, plant maintenance, turnaround execution, project
management, specialty welding, insulation and scaffolding.
Plaintiff worked for Defendant at an Exxon Mobile facility in
Pasadena, Texas as a bull rigger. He typically worked an average
of 60 hours per week without overtime compensation.
The Plaintiff is represented by:
Robert R. Debes, Jr.
SHELLIST LAZARZ SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Telephone: (713) 621-2277
Facsimile: (713) 621-0993
Email: bdebes@eeoc.net
SWEETWATER SOUND: Andrews Sues Over Blind-Accessible Website
------------------------------------------------------------
Victor Andrews, on behalf of himself and all others similarly
situated, Plaintiff, v. Sweetwater Sound, Inc., Defendant, Case
No. 522737/2017, (N.Y. Sup., November 22, 2017), seeks declaratory
and injunctive relief and compensatory damages under the Americans
with Disabilities Act and the New York State Human Rights Law.
Defendant owns and operates the Sweetwater Store located at 5501
U.S. Hwy 30 W Fort Wayne, IN 46818 and maintains
https://www.sweetwater.com in order to promote their products
online, mostly contemporary musical instruments and accessories,
vintage instruments, professional instruments and equipment,
lessons, repair services and rentals. Plaintiff is legally blind
and claims that the website is not accessible to the blind. [BN]
Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
30 East 39th Street, Second Floor
New York, NY 10016
Tel: (212) 465-1188
Fax: (212) 465-1181
TOKYO ELECTRIC: US Sailors Face Grim Diagnoses After Fukushima
--------------------------------------------------------------
Bianca Bruno, writing for Courthouse News Service, reports that to
serve in the U.S. Armed Forces, you must meet certain health and
fitness requirements: you must be fit to serve. But a healthy
group of young service men and women -- many in their 20s -- have
come down with serious health problems since serving on a
humanitarian mission to Fukushima, Japan, following the 2011
earthquake and tsunami that led to a nuclear meltdown of the Tokyo
Electric Power Co. (TepCo) nuclear power plant.
Service members have faced cancer, brain tumors, birth defects,
and other rare health problems since being exposed to radiation
from the Fukushima plant. Some have even died.
Courthouse News talked to some of these service members to find
out what's happened since they came home from Fukushima and why
they believe TepCo needs to take responsibility.
"It was a gray smoke that surrounded you, and you didn't even know
what it was"
U.S. Navy officer Angel Torres. (Photo courtesy Angel Torres)
Naval officer Angel Torres, 47, said he knew his mission to South
Korea would be redirected to Fukushima as soon as the earthquake
hit. He was aboard the USS Ronald Reagan, the first aircraft
carrier deployed by the United States to Fukushima as part of
humanitarian mission Operation Tomadachi to render aid and
supplies to the Japanese people.
He said when the ship arrived he got "an eerie feeling."
"It was like a cloud I've never seen, a gray smoke that surrounded
you and you didn't even know what it was," Torres said.
Torres said once Navy personnel realized they'd directed the
aircraft carrier straight through a radiation plume, there was
confusion and a sense of panic. People bought up all the Gatorade
and water at the ship store in fear there wouldn't be water
available.
He said they had to drive back through the plume a second time to
render aid, and were issued gas masks to wear.
Helicopters which took supplies to people on land "were completely
contaminated," Torres said. Helicopter pilots and personnel were
required to throw out their clothes, scrub down and get tested for
radiation.
"We all volunteered to join and sometimes you have to do dangerous
things, and this was one of them," Torres said.
"It was our turn."
The naval officer said commanders told the service members the
amount of radiation they were exposed to was negligible, similar
to flying in an airplane or eating a banana. Torres said the
executive officer of the ship even told the crew they would be
fine unless they licked the flight deck.
"That did well to pacify and stabilize the sentiment and general
feeling throughout the ship, but I don't know that I agree with
that one bit, because I've eaten a lot of bananas," Torres said.
Twenty-six-year-old Marine Corps veteran Nathan Piekutowski was in
Malaysia on a rest stop when his crew on the USS Essexx got word
of the tsunami and headed toward Fukushima. He was part of a team
that landed to deliver food and supplies and. They wore biological
chemical suits.
"Some areas were completely destroyed, it looked like a wall had
smashed everything and a hand drew everything back out to sea,"
Piekutowski said.
Piekutowski said crew members were also required to take iodine
pills to help mitigate radiation exposure and potential thyroid
impacts. They closed up all the windows and hatches on the ship as
well.
Radiation impacts on sailors' health
Piekutowski left the Marine Corps shortly after his service in
Fukushima. He began exhibiting extreme weight loss and limb
swelling months later, in November 2012. He experienced eyesight
loss and vomited stomach acid before going to the emergency room
on Christmas Day.
He was diagnosed with acute myeloid leukemia at the age of 21.
"The type of leukemia I had usually is something you get later in
life. Early onset can be caused from being around certain types of
chemicals," Piekutowski said.
The following days and months included chemotherapy treatments,
but after his leukemia came back less than six months into
remission, the Marine received a stem cell transplant. He's since
faced day-long doctor appointments with specialists which require
him to take time off work and travel out of town.
Piekutowski disputes TepCo's contention the service members who've
faced cancer and other health problems since returning from
Fukushima were predisposed to those conditions. The utility claims
their health problems are not from the radiation exposure.
"If that were the case, TepCo would have disseminated all the
information it should have," Piekutowski said, referring to the
utility's initial withholding of information after the nuclear
meltdown.
"If we were predisposed to a genetic mutation or illness, why lie
and cover things up?"
When Torres returned from Fukushima he said he felt weak and tired
and didn't feel like being intimate with his significant other,
something out of the ordinary given what Torres called the
"honeymoon effect" when a service member returns home from
deployment.
When working out six months after coming home, Torres got a hernia
which required surgery. Two years later, he had another one.
"I thought 'oh my gosh, I'm breaking down here, what's going on?'"
Torres said.
He exhibited symptoms of multiple sclerosis and had an MRI scan,
but a spinal tap showed Torres does not have the disease.
Torres also suffers from post-traumatic stress disorder, which he
manages through therapy and volunteering with veterans
organizations in Chicago.
He said he wishes TepCo would have done "the right thing" and told
U.S. officials about the nuclear meltdown before sailors were
exposed to radiation.
"When I would deploy to the Middle East, I had a team of sailors
and I would look at their wives and children and say: 'I'm going
to make sure your mom and dad are okay. I wish someone would have
done that for me," Torres said.
"There are people that are dying from that carrier. They need to
know what these people endured and help them get the help that
they need."
Seeking Justice
Torres and Piekutowski are part of a class action of over 420
sailors suing TepCo and General Electric in San Diego's federal
court. While eight of the sailor-plaintiffs have already died --
most from cancer -- since the first case was filed in 2012, many
others have yet to experience any symptoms and want Tepco to foot
the bill for medical monitoring and testing and future health care
costs over their lifetime.
The class is represented by high-profile attorneys -- former Sen.
John Edwards, Esq. and his daughter Cate Edwards, Esq. with
Edwards Kirby out of North Carolina, along with Charles Bonner,
Esq. -- charles@bonnerlaw.com -- of Bonner & Bonner in Sausalito,
California, and Paul Garner, Esq. -- pcg@garnerlaw.com -- of San
Diego.
In a phone interview, Cate Edwards, Esq. said there are 23
plaintiffs living with cancer, many of whom served in Fukushima in
their early 20s and some as young as 18 years old. In addition to
the group facing cancer diagnoses, many of the sailors have
degenerative diseases, with some losing mobility and use of their
arms and legs in addition to experiencing back problems and
eyesight loss.
A 26-month-old toddler born to a sailor-father who served in
Fukushima died from brain and spine cancer. Another female sailor
opted to end a pregnancy after finding out the fetus had severe
birth defects, Edwards said.
"Why are all these young, healthy, fit people getting cancer?
Experiencing thyroid issues? It's too strange to be a
coincidence," Edwards said.
"That just doesn't happen absent some external cause. All of these
people experienced the same thing and were exposed to radiation at
Fukushima. A lot of this is just common sense."
The class has been fighting to get their day in court and get a
trial date set. They will inch toward that goal with a motion to
dismiss hearing scheduled for Jan. 4.
TREASURE ISLAND: "Shapiro" Sues Over Illegal Tax on Internet Use
----------------------------------------------------------------
Kerri Shapiro, an individual; on behalf of herself and all others
similarly situated, Plaintiff, v. Treasure Island, LLC, a Nevada
limited liability company (d/b/a Treasure Island Hotel & Casino)
and Ruffin Acquisition, LLC, a Nevada limited liability company,
Defendants, Case No. 17-cv-02930 (D. Nev., November 22, 2017),
seeks damages and restitution for the total amount of taxes
Defendants unlawfully charged and collected on the portion of the
Resort Fees that constitutes charges for Internet access pursuant
to the Internet Tax Freedom Act.
Defendants charge overnight guests a mandatory, per-night resort
fee which includes daily access for two guests each day to the
fitness center at the property, daily in-room Internet access for
two devices, and all local phone calls. When charging a Resort Fee
that included Internet access, Defendants applied the Clark County
Combined Transient Lodging Tax to the entire amount of the Resort
Fee, which includes the portion of the Resort Fee that constitutes
charges for Internet access.
Plaintiffs were guests at these hotels and claim to be taxed for
internet access, says the complaint. [BN]
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
Tel: (702) 341-5200
Fax: (702) 341-5300
Email: dspringmeyer@wrslawyers.com
bschrager@wrslawyers.com
- and -
R. Bryant McCulley, Esq.
MCCULLEY MCCLUER PLLC
1022 Carolina Blvd., Ste. 300
Charleston, SC 29451
Tel: (855) 467-0451
Fax: (662) 368-1506
Email: bmcculley@mcculleymccluer.com
- and -
Michael Dell'Angelo, Esq.
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103
Tel: (215) 875-3000
Fax: (215) 875-4604
Email: mdellangelo@bm.net
TRIANGLE CAPITAL: "Holden" Sues Over Share Price Drop
-----------------------------------------------------
Gary W. Holden, individually and on behalf of all others similarly
situated, Plaintiff, v. Triangle Capital Corporation, E. Ashton
Poole, Steven C. Lilly and Garland S. Tucker, III, Defendant, Case
No. 17-cv-09311 (S.D. N.Y., November 28, 2017), seeks statutory
damages and injunctive relief.
Triangle Capital Corporation operates as a private equity firm
that invests in manufacturing, distribution, transportation,
energy, communications, health services, restaurants and other
business sectors.
Defendants failed to disclose that Triangle ignored investment
professionals advice to move away from mezzanine loan deals due to
changes in the market that no longer made these investments
attractive, that its entire vintage of 2014 and 2015 investments
were at substantial risk of non-accrual as a result of the poor
quality of the investments and deficient underwriting practices,
that the fair value of its asset portfolio was artificially
inflated and that its shares traded at artificially inflated
prices. Triangle revealed that it had suffered $8.9 million in net
realized losses and $65.8 million in net unrealized depreciation
to its portfolio during the last quarter of 2017, resulting from
$0.36 per share in net investment income and that it was slashing
its quarterly dividend to $0.30 per share, a decline of 33% from
the prior quarter. On these disclosures, Triangle Capital's share
price fell $2.57, or 20.98%, to close at $9.68 on November 2,
2017. [BN]
Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Hui M. Chang, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
ahood@pomlaw.com
hchang@pomlaw.com
- and -
Patrick V. Dahlstrom, Esq.
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Facsimile: (312) 377-1184
Email: pdahlstrom@pomlaw.com
UBER TECH: "Chadha" Suit Seeks Damages Over Data Breach
-------------------------------------------------------
Jaideep Chadha, and Madeline Johnson, individually, and on behalf
of all others similarly-situated, Plaintiffs, v. Uber
Technologies, Inc. and Rasier, LLC, Defendants, Case No. BC684994
(Cal. Super., November 29, 2017) seeks redress over breach of
implied contract, negligence, violation of California's Unfair
Competition Law, fraudulent/deceptive business practices,
Constitutional Invasion of Privacy, Negligence Per Se, breach of
covenant of duty of good faith and fair dealing, in violation of
state data breach acts and Unfair and Deceptive Business Practices
Act of the California Business and Professions Code.
Uber Technologies, Inc., Inc. operates is a ride hailing service
that connects drivers with passengers who are looking for a
vehicle for hire. Uber markets its ride hailing service to
passengers and drivers, including through a website it operates,
www.uber.com.
From October 13, 2016 to November 15, 2016, Uber's electronic data
was hacked, compromising information on 57 million passengers and
drivers around the world, including names, email addresses and
telephone numbers of about 50 million passengers and names and
driver's license numbers of about seven million drivers.
Plaintiffs are customers who entrusted Uber Technologies, Inc.
with their financial-information during concerned period. [BN]
The Plaintiff is represented by:
Thomas V. Girardi, Esq.
Christopher T. Aumais, Esq.
Ashkahn Mohamadi, Esq.
GIRARDI KEESE
1126 Wilshire Boulevard
Los Angeles, CA 90017
Telephone: (213)977-0211
Facsimile: (213) 481-1554
UNIVERSAL HANDICRAFT: Faces "Mollicone" Suit in S.D. Cal.
---------------------------------------------------------
A class action lawsuit has been filed against Universal
Handicraft, Inc. The case is styled Lisa Mollicone and Millie
Land, on behalf of herself, all others similarly situated,
Plaintiffs v. Universal Handicraft, Inc. doing business as: Deep
Sea Cosmetics doing business as: Adore Organic Innovations and
Shay SabagSegev, Defendants, Case No. 3:17-cv-02450-BTM-BGS (S.D.
Cal., December 6, 2017).
Universal Handicraft, Inc. was founded in 2001. The company's line
of business includes the retail sale of specialized lines of
merchandise.[BN]
The Plaintiffs are represented by:
Ronald Marron, Esq.
Law Office of Ronald Marron
651 Arroyo Drive
San Diego, CA 92103
Tel: (619) 696-9006
Fax: (619) 564-6665
Email: ron@consumersadvocates.com
USAMERIBANCORP: "Parshall" Hits Merger Deal, Seeks more Info
------------------------------------------------------------
Paul Parshall, individually and on behalf of all others similarly
situated, Plaintiff, v. USAmeriBancorp, Inc., Joseph V. Chillura,
Jennifer W. Steans, George P. Bauer, John P. Connelly, Mark S.
Klein, Thomas B. McMurtrey, III , Harrison I. Steans, Valley
National Bancorp., Defendants, Case No. 17-cv-02863 (M.D. Fla.,
November 29, 2017), seeks to enjoin defendants and all persons
acting in concert with them from proceeding with, consummating or
closing the acquisition of USAmeriBancorp by Valley National
Bancorp, Inc.; rescinding it in the event defendants consummate
the merger; rescissory damages, costs of this action, including
reasonable allowance for plaintiff's attorneys' and experts' fees
and such other and further relief under the Securities Exchange
Act of 1934.
USAmeriBancorp common shareholders will receive $69.00 in Valley
common stock for each share of USAmeriBancorp common stock that
they hold. Valley will be the surviving company in the merger.
According to the complaint, the merger documents omitted material
information regarding USAmeriBancorp's and Valley's financial
projections, as well as the valuation analyses performed by
Sandler O'Neill & Partners, LP. Said disclosure of projected
financial information is material because it provides stockholders
with a basis to project the future financial performance of a
company, and allows stockholders to better understand the
financial analyses in support of its fairness opinion.
USAmeriBank is an independent, non-public bank based in
Clearwater. Florida. It is a middle-market financial institution
that provides a high-level of personalized service and attention
to a targeted customer base. USAmeriBank maintains a branch
network of 30 offices located throughout the Tampa Bay, Florida
area and the Birmingham, Montgomery and Tallapoosa areas in
Alabama. [BN]
The Plaintiff is represented by:
Cullin Avram O'Brien, Esq.
CULLIN O'BRIEN LAW, P.A.
6541 NE 21st Way
Ft. Lauderdale, FL 33308
Tel: (561) 676-6370
Email: cullin@cullinobrienlaw.com
- and -
RIGRODSKY & LONG, P.A.
2 Righter Parkway, Suite 120
Wilmington, DE 19803
(302) 295-5310
- and -
RM LAW, P.C.
1055 Westlakes Dr., Ste. 3112
Berwyn, PA 19312
Tel: (484) 324-6800
VANGUARD GROUP: Appeals Ruling in "Taksir" Suit to Third Circuit
----------------------------------------------------------------
Defendant Vanguard Group filed an appeal from a court ruling in
the lawsuit styled Alex Taksir, et al. v. Vanguard Group, Case No.
2-16-cv-05713, in the U.S. District Court for the Eastern District
of Pennsylvania.
As previously reported in the Class Action Reporter, the
Plaintiffs, on behalf of a proposed class of investors, assert a
breach-of-contract claim against Vanguard, their securities
broker. They allege that by investing more than $500,000 with
Vanguard, they qualify for its Voyager Select Program, under which
they should be charged a $2 commission on securities trades. On
two occasions, however, the Plaintiffs were charged a $7
commission instead. When pressed for details about the
overcharge, Vanguard informed them that it resulted from IRS
nondiscrimination rules, which they dispute apply to the trades at
issue.
The Defendant had previously filed an appeal from a Court ruling
entered in the lawsuit.
The appellate case is captioned as Alex Taksir, et al. v. Vanguard
Group, Case No. 17-3585, in the United States Court of Appeals for
the Third Circuit.[BN]
Plaintiffs-Appellees ALEX TAKSIR and ORIT TAKSIR, on behalf of all
others similarly situated, are represented by:
James M. Ficaro, Esq.
Christopher L. Nelson, Esq.
THE WEISER LAW FIRM
22 Cassatt Avenue, Suite 100
Berwyn, PA 19312
Telephone: (610) 225-0206
E-mail: jmf@weiserlawfirm.com
cln@weiserlawfirm.com
- and -
Samuel L. Rosenberg, Esq.
SAMUEL L. ROSENBERG P.C.
15 Astor Place
Monsey, NY 10952
Telephone: (800) 811-7009
E-mail: samuelinjurylawyer@gmail.com
- and -
Jonathan M. Zimmerman, Esq.
SCOTT & SCOTT
230 Park Avenue
The Helmsley Building, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: jzimmerman@scott-scott.com
Defendant-Appellant VANGUARD GROUP is represented by:
Selby P. Brown, Esq.
Stuart T. Steinberg, Esq.
DECHERT LLP
Cira Centre, 18th Floor
2929 Arch Street
Philadelphia, PA 19104
Telephone: (215) 994-4000
E-mail: selby.brown@dechert.com
stuart.steinberg@dechert.com
WURTH LOUIS & CO: Faces Craftwood II Suit in Dist. of Colorado
--------------------------------------------------------------
A class action lawsuit has been filed against Wurth Louis &
Company. The case is styled Craftwood II, Inc. doing business as:
Bay Hardware individually and as representative of all others
similarly situated, Plaintiff v. Wurth Louis & Company
a California corporation and Does 1 through 1000, Defendants, Case
No. 1:17-mc-00198-WYD (D. Colo., December 6, 2017).
Wurth Louis & Company is a provider of quality products to the
woodworking industry.[BN]
The Plaintiff is represented by:
Frank William Suyat, Esq.
Dill DillCarrStonbraker & Hutchings, P.C.
455 Sherman Street, Suite 300
Denver, CO 80203
Tel: (303) 777-3737
Fax: (303) 777-3823
Email: fsuyat@dillanddill.com
YOUFIT HEALTH CLUBS: "Powell" Suit Hits Illegal SMS Ads
-------------------------------------------------------
Traci Powell, individually and on behalf of all others similarly
situated, Plaintiff, v. Youfit Health Clubs LLC, Defendant, Case
No. 17-cv-62328, (S.D. Fla., November 29, 2017), seeks actual
monetary loss of five hundred dollars for each violation,
disgorgement any ill-gotten funds acquired as a result illegal SMS
ads, injunction requiring Defendant to cease all unsolicited
autodialed text messaging activities, contracting the use of an
automatic telephone dialing system without obtaining recipient's
prior express written consent to receive text messages made with
such equipment, reasonable attorneys' fees and costs and such
other and further relief under the Telephone Consumer Protection
Act.
In early 2013, Powell was a member of Youfit's fitness club.
Shortly thereafter, she canceled her contract with Youfit and paid
the remaining balance on her account. Despite this, Powell
continued to receive solicitations from Youfit on her cellular
telephone. [BN]
Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: 954-400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Stefan Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, P.A.
201 s. Biscayne Blvd., 28th floor
Miami, FL 33131
Tel: (877) 333-9427
Fax: (888) 498.8946
Email: law@stefancoleman.com
ZAAPPAAZ INC: Accused of Wrist Band Price-Rigging by "Rueckert"
---------------------------------------------------------------
Klaire Rueckert, individually and on behalf of all others
similarly situated, Plaintiff, v. Zaappaaz, Inc., Azim Makanojiya,
Custom Wristbands Inc., Christopher Angeles, Netbrands Media Corp.
and Gennex Media, LLC, Defendants, Case No. 17-cv-03607 (S.D.
Tex., November 27, 2017), seeks restitution, treble and/or
punitive damages, prejudgment and post-judgment interest on any
amounts awarded, costs and attorneys' fees and such other or
further relief for violation of Section 1 of The Sherman Antitrust
Act.
Defendants are into customized promotional products most often
used by businesses or other organizations for promotional purposes
which are generally imprinted with a brand name or logo. They are
accused of antitrust activities arising out of a conspiracy to fix
prices for customized silicone wristbands, customized lanyards,
and customized pin buttons. Rueckert purchased customized silicone
wristbands directly from one or more Defendants on multiple
occasions. [BN]
Plaintiff is represented by:
Warren T. Burns, Esq.
BURNS CHAREST, LLP
900 Jackson Street, Suite 500
Dallas, TX 75202
Tel: (469) 904-4550
Fax: (469) 444-5002
Email: wburns@burnscharest.com
- and -
Fred Taylor Isquith, Esq.
Thomas Burt, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Facsimile: (212) 545-4653
Email: isquith@whafh.com
burt@whafh.com
- and -
Carl V. Malmstrom, Esq.
Theodore B. Bell, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
One South Dearborn Street, Suite 2122
Chicago, IL 60603
Tel.: (312) 984-0000
Fax: (312) 212-4401
Email: tbell@whafh.com
malmstrom@whafh.com
*********
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
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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.
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