/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/180109.mbx C L A S S A C T I O N R E P O R T E R Tuesday, January 9, 2018, Vol. 20, No. 7 Headlines 9898 REST CORP: "Fan" Suit Seeks to Recover Wages Under FLSA 3M CO: Scotchgard Wants Nothing to Do with Toxic Dumping Woes ALLY FINANCIAL: "Doyle" Suit Alleges TCPA and ICFA Violations AMERICAN CENTURY: Plan Participants Class Certified in "Wildman" AMERIGAS PARTNERS: Illegally Procures Consumer Reports, Suit Says ANGLO AMERICAN: Sick Gold Miners Nears Silicosis Settlement ASANKO GOLD: Securities Class Action Voluntarily Dismissed AVIGDOR LIBERMAN: Zionist Union Calls for Class Action Suit BANC OF CALIFORNIA: Pomerantz Investigates Claims for Investors BANK OF AMERICA: Appeals "McLeod" Suit Ruling to 9th Cir. BEHR PROCESS: Hamil Sues Over Defective DeckOver Coating BIG PHARMA: Sioux County Joins Opioid Lawsuit BOVIS HOMES: Angry Homebuyers Plan Class-Action Lawsuit BUSH ROSS: Wins Prelim. OK of Deal in "Kagno"; Hearing on April 6 CAPELLA EDUCATION: Faces "Franchi" Suit Over Sale to Strayer CARNIVAL CORP: Cuban Nationals' Discrimination Case Withdrawn CENTER THEATRE: Accused by "Gutierrez" Suit of Violating TCPA CENTURYLINK: Faces "Birse" Suit Over Breach of Duty of Prudence CENTURYLINK INC: Klein Law Firm Files Securities Class Action CHARLES TYRWHITT: "Cohen" Suit Alleges Computer Wiretapping CHARTER COMMUNICATIONS: "Anderson" Suit Transferred to E.D. Wis. COPPER COMPANIES: Business Unit Strikes Settlement Agreement DEV MEDICAL: Prelim. Approval of Accord in "Moreno" Suit Sought DISH DBS: Continues to Defend Against "Krakauer" Action DYCOM INDUSTRIES: Accord in Subcontractors' Suit Has Final OK DYCOM INDUSTRIES: Calif. Superior Court Approves Settlement EMPIRE INTERNATIONAL: Certification Sought in "Paul" Suit ENAGIC USA: Makaron Seeks Certification of Class and Subclasses FINISAR CORP: Oklahoma Firefighters' Bid to Certify Class Denied FIRST HAWAIIAN: Unit Continues to Defend Class Action Suit FLINT, MI: Theodore Leopold Appointed Co-Lead Plaintiffs Counsel FLORIDA: Certification of Subclasses Sought in "Hernandez" FLORIDA BC: Reese Moves to Certify Class of Sales Coordinators FORD MOTOR: Glancy Prongay Files Securities Class Action GFIVE LLC: Duhart Seeks to Recoup Unpaid Wages for Exotic Dancers GIGAMON INC: "Tjon-En-Fa" Suit Questions Proposed Sale to Elliott GOLDEN KRUST: Workers Seek Class Action Lawsuit Over Wages GRETNA, LA: Nelson Seeks Certification of Two Classes GYRODYNE LLC: Says 2016 Unsold Properties Has Lower Appraisal HERRICK CORP: Ybarra Sues Plan Trustees Over ERISA Violations HOFFMAN-LAROCHE: Former Soldier's Lawsuit in Limbo HOLLYWOOD CASINO: Employee Files Class Action Suit HORIZON HEALTH: $1.2-Mil. Settlement Reached in Class Action IDENTIV INC: 9th Cir. Appeal in Securities Suit Underway ILLINOIS: Murphy Seeks to Certify Class of Freed Prisoners INC RESEARCH: Faces "Bermudez" Suit Over Misleading Fin'l Reports INTERACTIVE BROKERS: Hauptman Sues Over Accounts Administration INVENTURE FOODS: Westmoreland Retirement Fund's Suit Underway INVENTURE FOODS: Accord Underway in "Blair" Suit INVENTURE FOODS: Consolidated Securities Suit Dismissed JIM FISCHER: Laughlin Moves for Certification of Workers Class KINGSLEY CONSTRUCTORS: "Deweese" Suit Seeks to Recover Unpaid OT KNOLOGY INC: Carlton Fields Attorneys Defeat Shareholder Case KOBE STEEL: Loses JIS Certifications, Faces Lawsuits in Canada KUSHNER COS: Media Wants Md. Apartment Partners' Names Unsealed LLR INC: Certification of 11 Classes Sought in "Webster" Suit LULAROE CO: Customers File Class Action Over State Sales Taxes LUNDIN MINING: Strosberg Sasso Files Securities Class Action MARU RESTAURANT: Faces "Daoust" Suit Over Failure to Pay OT MASONITE INTERNATIONAL: Final OK of Amended Deal Expected in Q2 MEGGITT-USA SERVICES: Cert. Bid Denied; Amended Accord Due Feb. 5 MERIDIAN BIOSCIENCE: Vincent Wong Files Securities Class Action MICROSOFT CORP: Overwhelmingly Underpays Women, Class Action Says MISSOURI: Court Refuses to Certify Gasca's Class of Parolees MONARCH RECOVERY: Wins Prelim. OK of "Hartman" Suit Settlement NFL: Concussion Crisis Hits Helmet Manufacturers NOODLES & COMPANY: Accord Reached in Selco Class Action NRA GROUP: Bernal Appeals N.D. Ill. Decision to Seventh Circuit OHIO: Fails to Keep Proper Records of Traffic Camera Fines OSI SYSTEMS: Pomerantz Files Securities Class Action Lawsuit OSI SYSTEMS: Feb. 5 Lead Plaintiff Bid Deadline OXNARD, CA: Court Denies Kittel's Class Cert. Bid PARK 'N FLY: Faces "James" Suit Over Failure to Pay Workers PARK 'N FLY: Faces James' 2nd Suit Over Failure to Pay Workers PEPPER TREE: Sued Over Illegal Electronic Funds Transfer Policies PIAA: Sports Officials Seek Lawsuit for Unpaid Wages PROFESSIONAL ACCOUNTS: Debt Collection Defies FDCPA, Dodson Says PRUDENTIAL INSURANCE: Violated ERISA, Judge Rules QUICKEN LOANS: Illegally Wiretaps Website Visitors' Computers RITE AID: Court Affirms Inflatable Pool Class Action Ruling ROYAL WATER: "Cruz" Class Suit Seeks to Recover Unpaid OT Wages RYB EDUCATION: Vincent Wong Files Class Action SAC CAPITAL: Reed Smith Appeals "Kaplan" Suit Ruling to 2nd Cir. SAN JOSE, CA: Wins Bid to Decertify FLSA Class in "Wallace" Suit SANOFI PASTEUR: VACC to File Class Suit Over Dengvaxia SCOTTS MIRACLE: Wild Bird Food Product Class Action Ongoing SEAWORLD ENTERTAINMENT: Misled Investors on Blackfish Impact SEQWATER: Attorney Says Wivenhoe Dam Water Releases Necessary SEQWATER: Mounts Contributory Negligence Argument in Flood Case SILVERLEAF RESORTS: Fails to Pay Employees OT, "Dix" Suit Claims STARWOOD HOTELS: Court Refuses to Certify Class in "Creamer" Suit SUSHI NAKAZAWA: Accused of Wage Theft in Class Suit TASCH LLC: Lemos Moves to Certify Independent Contractors Class TASTY FAST: Faces "Zapata" Suit Over Failure to Pay Overtime TEZOS: Foundation's Probe Likely to Clear Gevers of Mismanagement TOYOTA CORP: Soy Wiring Class Suit Filed in Massachusetts TRIANGLE CAPITAL: Vincent Wong Files Securities Class Action UBER TECHNOLOGIES: Sued in Ill. Over Unlawful Use of Drivers Data UNITEDHEALTHCARE: Rivero Attorneys Obtains Hep C Drug Settlement VOLVO CARS: Neale's Bid to Certify Denied With Leave to Re-File WOLVERINE WORLD: 28 Locations in Michigan Contaminated with PFAS XOMA CORP: Purcell Investigates Potential Fiduciary Duty Breach YUMMYEARTH INC: Sandooval Moves to Certify Class of Consumers * Lawyer Sues Media Outlets Over Videos Without Closed Captioning ********* 9898 REST CORP: "Fan" Suit Seeks to Recover Wages Under FLSA ------------------------------------------------------------ Lu Nan Fan, individually and on behalf of all other employees similarly situated v. 9898 Rest. Corp. d/b/a Pearl East, Ching- Yun Huang, Cathy Huang, Case No. 1:17-cv-06994 (E.D.N.Y., November 30, 2017), alleges that pursuant to the Fair Labor Standards Act, the Plaintiff and the class are entitled to recover from the Defendants: (1) unpaid wages and minimum wages, (2) reimbursement for expenses relating to tools of the trade, (3) liquidated damages, (4) prejudgment and post-judgment interest; and (5) attorneys' fees and costs. 9898 Rest. Corp., doing business as Pearl East, owns and operates a Chinese restaurant in the Nassau County, located at 1191 Northern Blvd., in Manhasset, New York. The Individual Defendants are owners, officers, directors or managing agents of 9898 Rest. Corp.[BN] The Plaintiff is represented by: Jian Hang, Esq. HANG & ASSOCIATES, PLLC. 136-20 38th Ave., Suite 10G Flushing, NY 11354 Telephone: (718) 353-8588 E-mail: jhang@hanglaw.com 3M CO: Scotchgard Wants Nothing to Do with Toxic Dumping Woes ------------------------------------------------------------- Garret Ellison, writing for MLive, reports that the multinational conglomerate which manufactures Scotchgard and developed the chemistry that has poisoned water supplies in Michigan and other states wants nothing to do with Wolverine World Wide's toxic dumping problem. Minnesota-based 3M told Wolverine to mind its own mess in a Nov. 28 letter that 3M attorneys shared unsolicited with MLive, in which the manufacturer accuses Wolverine of trying to "shift blame for its own environmental practices to 3M." "3M will not participate in response actions due to the environmental practices of Wolverine," wrote 3M attorney William A. Brewer III, who declined Wolverine's request that the manufacturer attend the Nov. 29 townhall meeting in Rockford. Whether 3M ends up on the hook for drinking water contamination by per- and polyfluoroalkyl substances named PFAS (or PFCs) in Kent County will likely be decided in federal court, where 3M and Wolverine are now co-defendants in a class action lawsuit. 3M -- which invented the fluorochemicals polluting 28 known sites in Michigan -- is facing a similar but separate lawsuit in its home state, where the Minnesota Attorney General alleges the manufacturing giant has caused $5 billion in damage to the state's natural resources by polluting drinking water and the Mississippi River. The 8-year-old case is scheduled for trial in February. In the letter to Wolverine, Brewer spends significant space chastising the shoemaker for spreading "misinformation" about its ignorance of the risk posed by Scotchgard, which Wolverine sprayed on leather at its Rockford tannery. In August, Wolverine said it "first learned" Scotchgard contained PFAS chemicals in "fall 2016." On Nov. 3, 3M undercut that claim by disclosing an 18-year-old document showing Wolverine was specifically advised that the former Scotchgard chemistry was being discontinued and the key compound, PFOS, was a threat to environmental health in 1999. In response to the letter, Wolverine sent MLive a statement repurposing part of a blog post in which Wolverine acknowledges "that there is some misunderstanding about what we knew and when about the presence of PFOA/PFOS in Scotchgard." PFOS and PFOA are two of numerous PFAS chemicals being found in private and municipal drinking water wells in Kent County. Nonetheless, "we never intended to infer that we did not know PFOA/PFOS was in Scotchgard and we sincerely apologize for any confusion," Wolverine wrote. Wolverine has said it didn't know Scotchgard contained toxicant until 2016. In the latest communication between the two companies to be made public, Brewer accuses Wolverine of having "distorted the record to deflect blame for its responsibilities" by misleading the public and state regulators by claiming ignorance of Scotchgard's chemistry and 3M's product phaseout and reformulation. Wolverine met with 3M "in person two days after the phaseout announcement," Brewer wrote, referencing a May 22, 2000 letter. Brewer also references an Oct. 23, 2017 letter from 3M directing Wolverine to "3M-sponsored research" on PFAS in the public domain. Neither letter has been made public. Brewer accused Wolverine of writing in an Oct. 17 letter to area residents that "ultimately, 3M Scotchgard should be responsible for any adverse impact from this situation." Neither 3M nor Wolverine supplied the Oct. 17 letter upon MLive's request. The letter references a Wolverine request that 3M attend the Nov. 29 townhall meeting at Rockford High School in which the Michigan Department of Environmental Quality disclosed that Wolverine has not supplied the state with any waste disposal records. The Kent County Health Department, which hosted the meeting, says it did not invite 3M to the meeting and wasn't aware of any other parties that did. Wolverine's statement about 3M's Nov. 28 letter is below. "Since 3M announced the phase-out of its Scotchgard product which contained PFOA/PFOS, 3M has repeatedly assured Wolverine and the public that there are no adverse effects to human health or the environment. Wolverine, along with many other manufacturers and customers, purchased 3M's product based on those assurances. Now, our focus continues to be on providing area residents confidence in their water, and on working with community members, agencies, and other partners to find answers. We have sought out 3M's expert knowledge and advice on the PFOA/PFOS compounds that were in Scotchgard, but 3M has not engaged with Wolverine to discuss the situation." [GN] ALLY FINANCIAL: "Doyle" Suit Alleges TCPA and ICFA Violations ------------------------------------------------------------- DONALD DOYLE v. ALLY FINANCIAL, INC. a/k/a ALLY FINANCIAL a/k/a BLUEYIELD a/k/a BLUEHARBOR FINANCIAL a/k/a CLEARLANE FINANCIAL SERVICES, Case No. 1:17-cv-08667 (N.D. Ill., November 30, 2017), is brought as class action complaint on behalf of the Plaintiff, and a nationwide class of similarly situated individuals pursuant to the Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Practices Act. Ally is a Delaware Corporation with its principal place of business located in Charlotte, North Carolina. Ally is engaged in the business of collecting or attempting to collect, directly or indirectly, debts owed or due or asserted to be owed or due using the mail and telephone, including consumers in the state of Illinois.[BN] The Plaintiff is represented by: James Vlahakis, Esq. Ahmad Sulaiman, Esq. Omar Sulaiman, Esq. SULAIMAN LAW GROUP, LTD. 2500 South Highland Avenue, Suite 200 Lombard, IL 60148 Telephone: (630) 581-5456 E-mail: jvlahakis@sulaimanlaw.com ahmad.sulaiman@sulaimanlaw.com osulaiman@sulaimanlaw.com AMERICAN CENTURY: Plan Participants Class Certified in "Wildman" ---------------------------------------------------------------- The Hon. Greg Kays grants the Plaintiffs' motion for class certification in the lawsuit captioned STEVE WILDMAN and JON BORCHERDING, Individually and as representatives of a class of similarly situated persons, and ON BEHALF OF THE AMERICAN CENTURY RETIREMENT PLAN v. AMERICAN CENTURY SERVICES, LLC, et al., Case No. 4:16-cv-00737-DGK (W.D. Mo.). The Court certifies this class under Rule 23(b)(1) of the Federal Rules of Civil Procedure: All participants and beneficiaries of the American Century Retirement Plan at the time on or after June 30, 2010, excluding Defendants, employees with responsibility for the Plan's investment or administrative functions, and members of the American Century Services, LLC Board of Directors. The Plaintiffs are appointed as class representatives. The Court also appoints Nichols Kaster, PLLP, as class counsel and Brady and Associates, LLP, as local counsel. The putative class action involves claims for breach of fiduciary duty brought pursuant to the Employee Retirement Income Security Act of 1974. The Plaintiffs bring this suit on their own behalf and on the behalf of a proposed class claiming the Defendants breached their fiduciary duties and engaged in prohibited transactions. The Defendants' motion to strike Plaintiffs' reply brief is denied. The parties are ordered to meet and confer regarding a trial date for this case. The parties should file an amended proposed scheduling order setting a trial date on or before January 5, 2018. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=zlcaAcuz AMERIGAS PARTNERS: Illegally Procures Consumer Reports, Suit Says ----------------------------------------------------------------- Arthur Oneil, individually, and on behalf of other members of the general public similarly situated v. Amerigas Partners, L.P., Amerigas Propane, L.P., Amerigas Propane, Inc., and Amerigas, Inc., Case No. 2:17-cv-08667 (C.D. Cal., November 30, 2017), arises from the Defendants' acquisition and use of consumer and investigative consumer reports to conduct background checks, and rely on such information as a basis for adverse employment action, including failure to hire, without first providing the Plaintiff and other applicants with a written description of their rights under the Fair Credit Reporting Act and a copy of the report at issue. The Defendants own and operate a propane services company with its principal place of business and headquarters in King of Prussia, Pennsylvania. [BN] The Plaintiff is represented by: Bevin Allen Pike, Esq. Robert K. Friedl, Esq. Trisha K. Monesi, Esq. CAPSTONE LAW APC 1875 Century Park East, Suite 1000 Los Angeles, CA 90067 Telephone: (310) 556-4811 Facsimile: (310) 943-0396 E-mail: Bevin.Pike@capstonelawyers.com Robert.Friedl@capstonelawyers.com Trisha.Monesi@capstonelawyers.com ANGLO AMERICAN: Sick Gold Miners Nears Silicosis Settlement ----------------------------------------------------------- Pete Lewis, writing for GrounUp, reports that a settlement between thousands of sick gold miners and the mining industry is possible before the end of the year, according to one of the attorneys for the sick mineworkers. Upwards of 100,000 mineworkers and former mineworkers, and their dependents, are claiming damages for contracting silicosis and/or TB from exposure to dust underground. The class action has been certified for trial by the South Gauteng High Court. Richard Spoor, who represents the mineworkers, told the Parliamentary Portfolio Committee on Mineral Resources that he was "reasonably confident" that the two-year negotiation over a settlement of the class action litigation would be concluded before the end of 2017. The settlement will be recorded in a Trust Deed signed by the gold mines and the mineworkers' attorneys, and the deed will be registered with the Master of the High Court. The gold mines will pay into a Trust Fund to compensate the workers. Two of the largest of the top six gold mining companies have already set aside a total of about R1.76bn for this purpose. Mr. Spoor told the committee it was urgent to reach a compromise because mineworkers were dying. He said about 4% of the 30,000 mineworkers who started the class action had died each year since 2006, when the litigation started. It took five years to establish the right of workers to sue their mining employers in the Constitutional Court, and another five years to get certification of the class action by the High Court. Working from Mr. Spoor's figures, this means that over the ten years from 2006/7 to 2016/17 there would have been about 11,619 avoidable deaths among the 30,000 mineworkers, leaving 19,147 alive -- an overall decade-long death rate of 38%. So if there were 100,000 eligible sick workers still living today, there would only be 62,000 of them alive ten years from now. Mr. Spoor told the committee that the gold mines had appealed against the certification of the class action suit and further litigation could last for "many more years". A settlement now would achieve a "substantial measure of justice", he said. Though he was due to attend the meeting to discuss allegations of state capture in his ministry, Minister Mosebenzi Zwane famously failed to arrive, and was subpoenaed to do so in January by the Committee. His Deputy Minister, Godfrey Oliphant, was present to represent the department. Oliphant, who hails from the Northern Cape, spearheads the work of the Presidential Inter-Ministerial Committee on Revitalising Distressed Mining Communities. He accounts to President Jacob Zuma's office as well as Parliament on its work. Mr. Spoor said that the Settlement Fund would have enough money to operate over ten to 15 years, and would be responsible for tracking, screening and compensating claimants, both in SA and the rest of southern Africa. Each claim would be assessed on its merits, since "no-one will settle a bad claim". Thirty mining companies are involved, but sick workers who worked for companies that have since wound up and deregistered cannot be paid out. These workers will have no remedy. Mr. Spoor said South Africa had sophisticated legislation regulating dust in mines, but state inspection was limited and there were few incentives for employers to improve working conditions. "In effect", he said, "workers are subsidising industry with their health and with their lives". He called for a complete review of existing compensation schemes. Mr. Oliphant said private litigation was a flawed solution to the problem of justice for victims of occupational disease. He suggested the Committee consider calling for government representatives on the Board of Trustees to oversee the silicosis settlement. He also raised the question of other forms of compensation to former mineworkers. "You can pay a worker R100,000, and it is gone in three months. What about other economic opportunities?" Oliphant told the Committee that the Inter-Ministerial Committee for the Revitalisation of Distressed Mining Communities had set up a "National Trust" which had started macadamia plantations in the Eastern Cape for former mineworkers. So far 300 hectares had been set aside and there were plans to move into table grapes, pomegranates and figs. Oliphant said R60 billion had been put aside in trusts and deposits, 10% of which was earmarked for agricultural development projects, which were currently being piloted in Limpopo, North West Province, and Mpumalanga. He said that the state had contributed nothing to these initiatives because the Treasury had refused to fund them, so the contribution of mining companies was "very important". The State should take control, and "end exploitation by the powerful", said Mr. Oliphant. [GN] ASANKO GOLD: Securities Class Action Voluntarily Dismissed ---------------------------------------------------------- Asanko Gold Inc. ("Asanko" or the "Company") (TSX:AKG)(NYSE American:AKG)(NYSE MKT:AKG) disclosed that a putative class action securities lawsuit filed in the United States District Court for the Eastern District of New York against Asanko Gold and several executives has been dismissed. The lawsuit, claiming that the Company made alleged misstatements or omissions in a technical report and a press release relating to the Company's mineral resources estimates, was voluntarily dismissed without prejudice by lead plaintiff on November 21, 2017. No payment or any other consideration was paid by or on behalf of Asanko Gold or its executives in connection with the lawsuit's dismissal. The lawsuit was docketed under Sumethasorn v. Asanko Gold, Inc., et al., Civil Action No. 1:17-cv-03280-ILG-RML (E.D.N.Y.) in the United States District Court for the Eastern District of New York. About Asanko Gold Inc. Asanko's vision is to become a mid-tier gold mining company that maximizes value for all its stakeholders. The Company's flagship project is the multi-million ounce Asanko Gold Mine located in Ghana, West Africa. Asanko is managed by highly skilled and successful technical, operational and financial professionals. The Company is strongly committed to the highest standards for environmental management, social responsibility, and health and safety for its employees and neighbouring communities. [GN] AVIGDOR LIBERMAN: Zionist Union Calls for Class Action Suit ----------------------------------------------------------- Israel National News reports that there were numerous condemnations across the political spectrum of Defense Minister Avigdor Liberman's call December 10 to boycott Wadi Ara Arabs. MK Eyal Ben-Reuven (Zionist Union) called for Liberman to apologize to the numerous Wadi Ara residents who do not throw stones or incite and even work for coexistence in the state of Israel. MK Taleb Abu Arar(Zionist Union) called for convening the Arab Higher Monitoring Committee and considering a class action suit against Liberman "so that he personally pay the price for his declarations which call for cutting off formal and economic ties with residents of Wadi Ara." [GN] BANC OF CALIFORNIA: Pomerantz Investigates Claims for Investors --------------------------------------------------------------- Pomerantz LLP is investigating claims on behalf of investors of Banc of California, Inc. ("Banc of California" or the "Company") (NYSE: BANC). Such investors are advised to contact Robert S. Willoughby at -- rswilloughby@pomlaw.com -- or 888-476-6529, ext. 9980. The investigation concerns whether Banc of California and certain of its officers and/or directors have engaged in securities fraud or other unlawful business practices. On December 8, 2017, Bloomberg reported that a former Banc of California employee had filed a lawsuit against the bank alleging, in part, that: (1) revenue generated by the Company in 2016 was improperly carried over to the following year in order to inflate 2017 profits; and (2) the Company had ignored its former Chief Financial Officer's use of Company funds to patronize strip clubs. On this news, Banc of California's share price fell $0.60, or 2.76%, to close at $21.15 on December 8, 2017. The Pomerantz Firm, with offices in New York, Chicago, Los Angeles, and Paris, 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. [GN] BANK OF AMERICA: Appeals "McLeod" Suit Ruling to 9th Cir. --------------------------------------------------------- Defendant Bank of America, N.A., filed an appeal from a court ruling in the lawsuit titled Gina McLeod v. Bank of America, N.A., Case No. 3:16-cv-03294-EMC, in the U.S. District Court for the Northern District of California, San Francisco. As previously reported in the Class Action Reporter, the Plaintiff brings the lawsuit on behalf of: All persons who are or have been employed, at any time from May 9, 2012 through the date of the Court's granting of class certification in this matter, by Bank of America, National Association ("Bank of America") in California under the job titles Loan Officer, Senior Loan Officer, Mortgage Loan Officer, Senior Mortgage Loan Officer, and Senior Lending Officer (collectively "Loan Officers" or "Class Members"). Ms. McLeod seeks claims for reimbursement of business expenses, violations of California's Unfair Competition Law, and penalties under the Labor Code Private Attorneys General Act of 2004. The appellate case is captioned as Gina McLeod v. Bank of America, N.A., Case No. 17-80255, in the United States Court of Appeals for the Ninth Circuit.[BN] Plaintiff-Respondent GINA MCLEOD, individually and on behalf of all others similarly situated, is represented by: Aaron David Kaufmann, Esq. LEONARD CARDER, LLP 1330 Broadway Oakland, CA 94612 Telephone: (510) 272-0169 Facsimile: (510) 272-0174 E-mail: akaufmann@leonardcarder.com - and - Edward Wynne, Esq. WYNNE LAW FIRM 80 E. Sir Francis Drake Boulevard, Suite 3G Larkspur, CA 94939 Telephone: (415) 461-6400 Facsimile: (415) 461-3900 E-mail: ewynne@wynnelawfirm.com Defendant-Petitioner BANK OF AMERICA, N.A., is represented by: Adam P. KohSweeney, Esq. O'MELVENY & MYERS LLP Two Embarcadero Center San Francisco, CA 94111 Telephone: (415) 984-8700 E-mail: akohsweeney@omm.com - and - Apalla Chopra, Esq. O'MELVENY & MYERS LLP 400 South Hope Street Los Angeles, CA 90071 Telephone: (213) 430-6000 E-mail: achopra@omm.com BEHR PROCESS: Hamil Sues Over Defective DeckOver Coating -------------------------------------------------------- KENNETH HAMIL AND LINDA STRATTON-HAMIL, individually and on behalf of all others similarly situated v. BEHR PROCESS CORP.; BEHR PAINT CORP.; MASCO CORP.; THE HOME DEPOT, INC.; and HOME DEPOT U.S.A., INC., Case No. 6:17-cv-02058-JA-GJK (M.D. Fla., November 30, 2017), seeks an order forcing Behr and Home Depot to stop their alleged deceptive conduct in misrepresenting the durability of DeckOver and to provide appropriate remuneration to affected consumers. In 2013, Behr, through a national marketing campaign, released a new patio and deck product, exclusively through Home Depot, branded as DeckOver, according to the complaint. Behr and Home Depot represented to homeowners that DeckOver was worth its premium price (3-5 times more expensive than ordinary paints and stains) because it was a more durable coating (5 times thicker) and it could repair decks by filling in cracks and stopping splinters. The Plaintiffs allege that contrary to the Defendants' representation, DeckOver is not durable or long-lasting. The Plaintiffs assert that within mere months of application, DeckOver begins to flake, peel, and separate from wood and concrete surfaces. Behr Process Corporation and Behr Paint Corporation are California corporations, with their principal place of business in Santa Ana, California. Masco Corporation is a Delaware corporation, with its principal place of business in Taylor, Michigan. Masco acquired Behr Process Corporation in 1999. The Home Depot, Inc. is a Delaware corporation, with its principal place of business in Georgia. The Home Depot, Inc. is the parent company of Home Depot U.S.A., Inc. and describes itself in annual reports filed with the Securities Exchange Commission as the world's largest home improvement retailer. The Plaintiffs are represented by: Panagiotis "Pete" V. Albanis, Esq. MORGAN & MORGAN - COMPLEX LITIGATION GROUP 12800 University Drive, Suite 600 Fort Myers, FL 33907 Telephone: (239) 432-6605 Facsimile: (239) 204-2425 E-mail: palbanis@forthepeople.com - and - Frank M. Petosa, Esq. MORGAN & MORGAN - COMPLEX LITIGATION GROUP 600 North Pine Island Road, Suite 400 Plantation, FL 33324 Telephone: (954) 318-0268 Facsimile: (954) 327-3018 E-mail: fpetosa@forthepeople.com BIG PHARMA: Sioux County Joins Opioid Lawsuit --------------------------------------------- Kiwa Radio reports that one area county has joined a federal class-action lawsuit, hoping to recover some damages. The Sioux County Board of Supervisors recently signed on to join a lawsuit against pharmaceutical companies for damages caused by the opioid epidemic. The World Health Organization (WHO) says opioids are substances derived from the opium poppy or synthetic analogues with similar effects. Examples include morphine, heroin, tramadol, oxycodone (commonly sold under the trade names OxyContin and Percocet) and methadone. The WHO says opioids have the potential to cause substance dependence. And that's the start of the problem, according to Sioux County Board Of Supervisors Chair Mark Sybesma. He tells us why the Board of Supervisors signed on. He says while Sioux County is one of the first counties in Iowa to sign on, there are many counties in other states that are part of the class-action suit. He says the Board of Supervisors passed it unanimously after it was well-explained, and Sybesma says he encourages boards of supervisors in other counties to do the same. [GN] BOVIS HOMES: Angry Homebuyers Plan Class-Action Lawsuit ------------------------------------------------------- Julia Kollewe, writing for The Guardian, reports that Bovis Homes, one of Britain's biggest housebuilders, faces a potential class-action lawsuit from a group of buyers who accuse it of selling houses riddled with defects. Puneet Verma bought a five-bedroom house with his wife for GBP485,000 in Milton Keynes two years ago but says he still has a list of 120 snags. He is now consulting two law firms, Leigh Day and Slater & Gordon, about taking group action. "I have had a survey done by a chartered surveyor that categorically states the workmanship is extremely poor and that Bovis is not in compliance with building regulations," Verma says. "Bovis has treated, and continues to treat, its customers appallingly and now the only way to get our problems resolved is to take legal action." Verma is aiming to raise a GBP100,000 fund through a GBP100 contribution per homeowner, assuming 1,000 of the 2,500-strong Bovis Homes Victims group on Facebook sign up. It has been almost a year since the housebuilder issued a profit warning and was accused of paying thousands of pounds in cash incentives to get buyers to move into unfinished homes. As the scandal widened, the company set aside GBP7m to fix defects and appointed a new chief executive. A year on, some Bovis homeowners say they will be spending Christmas in houses that are riddled with faults, including leaks, moving and creaking floors, lack of insulation and sewage backups, as well coping with shoddy workmanship. Ian Tyler, the chairman of Bovis, apologised to buyers in May for "letting them down" and admitted the firm had been cutting corners to hit ambitious targets. The company says it slowed production to iron out build problems, retrained sales staff and set up an advisory homebuyers panel, which has met once. Dave Howard, who set up the Facebook group with his wife, Ann, and who sits on the panel, doubts whether Bovis has made any progress on improving build standards and customer service. He claims homeowners who report problems are being referred to the National House Building Council (NHBC), the standard-setting body and main home construction warranty provider for new-builds in the UK. But in the first two years after purchase the housebuilder is responsible for rectifying defects. "We have had constructive contact with the new customer experience director, but there are too many people hitting brick walls with Bovis and NHBC," Howard says. "Some new customers have had better experiences but that seems to have slipped too." Bovis says: "We have made significant changes to how we operate in 2017 and a growing majority of our customers would now recommend us to family and friends. "We remain determined to make things right for customers who raise warranty items and apologise to those to whom we have not previously delivered the high levels of quality and service they rightly expected." The company says customer problems in the first two years are dealt with by an in-house team. If they are still not satisfied they can then go to NHBC. Guardian Money spoke to a number of people who have bought Bovis homes in the past two years. Bovis declined to comment on the individual cases, or the possible legal action. Gas Safety Regulations Breached When Tara Grosvenor recently returned from a 10-day holiday in the US to her one-year-old, four-bedroom Bovis house in the village of Honeybourne, Warwickshire, she could smell gas. She alerted National Grid, which immediately capped the gas supply off and condemned it. The gas system, which was installed by a Bovis contractor and signed off by NHBC, was found to be in breach of gas safety regulations. "There were loads of other snagging issues in the house, some of which remain outstanding, but this was potentially life threatening," Grosvenor says. The 29-year-old credit risk manager asked Bovis to buy back the GBP325,000 house from her but it refused, so she took legal action. Bovis initially offered GBP500 in compensation and later raised it to GBP1,000. She deplores what she calls "the lack of weight the consumer has and the insignificance of their voice to fight their case in these situations against a corporation the size of Bovis". Sewage Smell In Kitchen Amanda Clarke also wants Bovis to buy back her three-bedroom detached house in Flitwick, Bedfordshire, after discovering major defects. She bought it 14 months ago for GBP345,000. Clarke, a 49-year-old content developer, has had blocked drains and says she has had to put up with the smell of sewage in her kitchen and toilet for the past 11 months. Not satisfied with Bovis's response, she had her own survey done, which identified other major issues such as high levels of moisture across the ground floor. Maggot And Fly Infestation Alex Atrill, who purchased a four-bedroom detached house at Boorley Park in Botley, Hampshire, at the end of June for GBP439,000, has suffered a gas leak and a major maggot infestation in his kitchen that turned into a fly infestation. He also has poorly laid flooring. "It's just been a fight," he says. "They all say they are really sorry but nothing ever gets done." More Than 100 Snags Jenny and Philip Thomas moved into The Winchester, a five-bedroom detached house in Little Wootton, Bedfordshire, in late June. They sold their previous home before Christmas because Bovis promised their new one would be ready in January. But they had to stay in temporary accommodation with two children, one just a few weeks old. They were given two days' notice before their move-in date. "This is a GBP600,000 'executive' home - we had better quality in our two-bedroom council home seven years ago," Jenny says. Sewage backed up into their house after plumbing was put in incorrectly, a damp-proof course has been severely breached and the garage floods. "We have had over 100 snags and some major breaches of NHBC standards and building regulation law. Since we have challenged this, with the support of my father-in-law who is an ex-NHBC inspector, and not accepted the offered solutions that are not compliant with the standards, they [Bovis] have totally stonewalled us." Hole in The Living Room Karen Stacey-Pope says Bovis has been slow to fix a series of serious defects at the four-bedroom detached house she and her family bought for GBP335,000 in Banbury last December. She paid GBP1,100 for a survey by a Royal Institution of Chartered Surveyors member, but says Bovis won't accept many of the findings. Defects include damp in the loft, stairs that are too high, missing movement joints (the house is built on a flood plain) and a leak through the kitchen ceiling. She has also had a big hole in the living room near the patio door since March. She is recovering from a breast cancer operation and has an autoimmune disease. Her GP wrote a letter to Bovis, seen by Money, warning about the impact of damp and the issue with the stairs on her health. All The Floors Move Pete Oldham and his wife, a retired couple, bought a three- bedroom semi-detached house in Cranbrook, Devon, for GBP234,995 in December 2015. "All the floors move," Oldham says. "When you walk into a room the furniture moves. They haven't fitted things properly but are in denial." He says the floor joists should be 400mm apart, not 600mm. There has been a breakdown in communication with Bovis and he has been referred to NHBC. [GN] BUSH ROSS: Wins Prelim. OK of Deal in "Kagno"; Hearing on April 6 ----------------------------------------------------------------- The Hon. Richard A. Lazzara preliminarily approved the class action settlement agreement in the lawsuit titled JULIET KAGNO, on behalf of herself and others similarly situated v. BUSH ROSS, P.A., Case No. 8:17-cv-01468-RAL-AEP (M.D. Fla.). Judge Lazzara preliminarily certified the lawsuit, for settlement purposes only, as a class action on behalf of this class of plaintiffs: All persons (a) with a Florida address, (b) to whom Bush Ross, P.A., (c) from June 16, 2016 through November 20, 2017, (d) in connection with an attempt to collect an alleged debt incurred for personal, family, or household purposes, (e) mailed an initial debt collection communication not returned to Bush Ross, P.A. as undeliverable that: (1) stated "[u]nless the entire sum is paid within thirty (30) days of the date of this letter, we may proceed with action to protect the Association's interests, including, but not limited to the recording of a claim of lien, which can result in additional attorney's fees, costs and interest," and/or (2) stated "[i]f you notify the attorney named below within the said 30-day period that the aforesaid debt, or any portion thereof, is disputed, the attorney named below shall obtain written verification of said debt . . . and mail same to you," and/or (3) failed to provide a statement that, upon the consumer's written request within the 30-day period after receipt of the communication, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. The Court appoints Juliet Kagno as the Class Representative, and also appoints Michael L. Greenwald, Esq., and Jesse S. Johnson, Esq., of Greenwald Davidson Radbil PLLC as Class Counsel. The Court also sets this schedule: -- 12/27/2017 -- Notice Sent (21 days after entry of Preliminary Approval Order; -- 02/19/2018 -- Deadline to Submit Claim, Send Exclusion or File Objection (75 days after entry of Preliminary Approval Order); -- 03/09/2018 -- Filing of Motion for Final Approval, Responses to Any Objections, and Attorneys' Fees Petition (28 days prior to final fairness hearing); -- 03/23/2018 -- Filing of Opposition to Attorneys' Fees Petition (14 days prior to final fairness hearing); and -- 04/06/2018 -- Final Fairness Hearing Held. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=oDgP7cZ9 CAPELLA EDUCATION: Faces "Franchi" Suit Over Sale to Strayer ------------------------------------------------------------ ADAM FRANCHI, Individually and On Behalf of All Others Similarly Situated v. CAPELLA EDUCATION COMPANY, DAVID W. SMITH, RITA D. BROGLEY, H. JAMES DALLAS, J. KEVIN GILLIGAN, MICHAEL A. LINTON, MICHAEL L. LOMAX, JODY G. MILLER, JEFFREY W. TAYLOR, DARRELL R. TUKUA, STRAYER EDUCATION, INC., and SARG SUB INC., Case No. 0:17- cv-05288-JRT-DTS (D. Minn., November 30, 2017), stems from a proposed transaction, pursuant to which Capella will be acquired by Strayer Education, Inc. ("Parent") and Sarg Sub Inc. ("Merger Sub"). On October 29, 2017, Capella's Board of Directors caused the Company to enter into an agreement and plan of merger with Strayer. Pursuant to the terms of the Merger Agreement, shareholders of Capella will receive 0.875 shares of Strayer common stock for each share of Capella. Capella is a Minnesota corporation and maintains its principal executive offices in Minneapolis, Minnesota. The Individual Defendants are directors and officers of the Company. Capella is a pioneer in developing online, high-quality degree programs for adults. Capella's academic programs are delivered through its wholly-owned subsidiary, Capella University, an accredited online academic institution. Parent is a Maryland corporation and a party to the Merger Agreement. Defendant Merger Sub is a Minnesota corporation, a wholly-owned subsidiary of Parent, and a party to the Merger Agreement.[BN] The Plaintiff is represented by: Adam Altman, Esq. Douglas B. Altman, Esq. ALTMAN & IZEK 901 North Third Street, Suite 140 Minneapolis, MN 55401 Telephone: (612) 335-3700 E-mail: adam@altmanizek.com douglas@altmanizek.com - and - Brian D. Long, Esq. Gina M. Serra, Esq. RIGRODSKY & LONG, P.A. 2 Righter Parkway, Suite 120 Wilmington, DE 19803 Telephone: (302) 295-5310 Emails: bdl@rl-legal.com gms@rl-legal.com - and - Richard A. Maniskas, Esq. RM LAW, P.C. 1055 Westlakes Drive, Suite 3112 Berwyn, PA 19312 Telephone: (484) 324-6800 Email: rm@maniskas.com CARNIVAL CORP: Cuban Nationals' Discrimination Case Withdrawn ------------------------------------------------------------- ALM reports that Javier A. Lopez has dedicated over 1,000 hours in pro bono matters ranging from an international discrimination case against Cuban nationals by Carnival Corp. to a police brutality case against the Hollywood police department. Mr. Lopez's work in a high-profile case resulted in an immediate, unprecedented policy change by the Cuban government in its treatment of Cuban-born U.S. citizens. It marks the first time since the Castro government took over in 1959 that Cuba has changed a discriminatory policy at the insistence of the United States. When Miami-based Carnival became the first U.S. cruise line approved by the Cuban government to sail from the U.S. to Cuba, the company planned to honor the Cuban government's practice of denying ship passage to people born in Cuba. Mr. Lopez, the president of the Cuban American Bar Association, filed federal and state class action lawsuits in the month before the first cruise scheduled for May 1, 2016, seeking an emergency injunction against Carnival subsidiary Fathom. Pressure mounted on the company when Miami-Dade County Mayor Carlos Gimenez, a Cuban-born naturalized U.S. citizen, asked for a legal opinion on whether Carnival was violating the county code by banning passengers based on national origin. Carnival agreed to suspend cruises to Cuba until the decadesold policy was withdrawn, and the Cuban government quickly rescinded its ban. The lawsuit was withdrawn before the inaugural cruise launched. But delicate negotiations continued for months to avoid a recurrence. In the Hollywood police brutality case, Mr. Lopez reached a $242,000 settlement, and his indigent client received an apology from a police captain. Mr. Lopez spent hundreds of hours and took 17 depositions to resolve the case, which settled for the highest amount in the history of the department. His work for the client continues on a different front, with Mr. Lopez working with health care providers to guarantee mental health services from the Veterans Administration. [GN] CENTER THEATRE: Accused by "Gutierrez" Suit of Violating TCPA ------------------------------------------------------------- FRANK GUTIERREZ, individually and on behalf of all others similarly situated v. CENTER THEATRE GROUP OF LOS ANGELES; DOES 1-10, AND EACH OF THEM, Case No. 8:17-cv-02090 (C.D. Cal., November 30, 2017), seeks damages and other available legal or equitable remedies resulting from the alleged illegal actions of the Defendant in negligently, knowingly, and willfully contacting the Plaintiff on his cellular telephone in violation of the Telephone Consumer Protection Act. Center Theatre Group of Los Angeles is a company involved in the sale of theatre shows and tickets.[BN] The 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 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com mgeorge@toddflaw.com abacon@toddflaw.com CENTURYLINK: Faces "Birse" Suit Over Breach of Duty of Prudence --------------------------------------------------------------- Bonnie Birse, individually and as the representative of a class consisting of the participants and beneficiaries of the CenturyLink Dollars & Sense 401(k) Plan invested in the Active Large Cap U.S. Stock Fund v. CenturyLink, Inc.; CenturyLink Investment Management Company; CenturyLink Employee Benefits Committee; Marina Pearson; and Does 1 through 10 Consisting Of The Members of the CenturyLink Employee Benefits Committee, Case No. 1:17-cv-02872 (D. Colo., November 30, 2017), arises out of the Defendants' alleged breach of duty of prudence, specifically by failing to replace or restructure the Large Cap Fund as the CenturyLink Dollars & Sense 401(k) Plan participants' investment option, for five years despite its poor design and performance. The Defendants own and operate a multi-billion dollar publicly traded telecommunications company in Louisiana. [BN] The Plaintiff is represented by: Franklin D. Azar, Esq. H. Zachary Balkin, Esq. Paul R. Wood, Esq. FRANKLIN D. AZAR & ASSOCIATES, P.C. 14426 East Evans Avenue Aurora, CO 80014 Telephone: (303) 757-3300 Facsimile: (303) 757-3206 E-mail: azarf@fdazar.com balkinz@fdazar.com woodp@fdzar.com CENTURYLINK INC: Klein Law Firm Files Securities Class Action ------------------------------------------------------------- The Klein Law Firm disclosed that a class action complaint has been filed on behalf investors who purchased 7.60% Senior Notes, Series P, due 2039, of CenturyLink, Inc. (NYSE:CTL) between March 1, 2013 and June 19, 2017. The action, which was filed in the United States District Court for the Southern District of New York, alleges that the Company violated federal securities laws. The complaint alleges that defendants during the Class Period made false and misleading statements and/or failed to disclose that: (1) CenturyLink's policies allowed its employees to add services or lines to accounts without customer permission, resulting in millions of dollars in unauthorized charges to CenturyLink customers; (2) CenturyLink's illicit practices were designed to allow it to gain an advantage over its competitors and to increase profits; (3) CenturyLink's illicit conduct was likely to subject it to heightened regulatory scrutiny; (4) CenturyLink's revenues were the product of illicit conduct and were unsustainable; and (5) as a result, CenturyLink's public statements were materially false and misleading at all relevant times. Shareholders have until December 26, 2017 to petition the court for lead plaintiff status. Your ability to share in any recovery does not require that you serve as lead plaintiff. You may choose to be an absent class member. If you suffered a loss during the class period and wish to obtain additional information, please contact Joseph Klein, Esq. by telephone at 212-616-4899 or visit http://www.kleinstocklaw.com/pslra-sbm/centurylink-inc-2?wire=3. Joseph Klein, Esq. represents investors and participates in securities litigations involving financial fraud throughout the nation. Attorney advertising. Prior results do not guarantee similar outcomes. [GN] CHARLES TYRWHITT: "Cohen" Suit Alleges Computer Wiretapping ----------------------------------------------------------- Brady Cohen, individually and on behalf of all others similarly situated v. Charles Tyrwhitt, Inc. and Navistone, Inc., Case No. 1:17-cv-09389 (S.D.N.Y., November 30, 2017), is a class action suit brought against the Defendants for wiretapping the computers of visitors to CTShirts' website, CTShirts.com., to observe visitors' keystrokes, mouse clicks and other electronic communications in real time for the purpose of gathering visitors' Personally Identifiable Information ("PII") to de anonymize those visitors -- that is, to match previously unidentifiable website visitors to postal names and addresses. Charles Tyrwhitt, Inc. is a Delaware corporation that designs and manufactures apparel for men and women. Navistone, Inc. is an online marketing company and data broker that deals in U.S. consumer data. [BN] The Plaintiff is represented by: Scott A. Bursor, Esq. Neal J. Deckant, Esq. Frederick J. Klorczyk III, Esq. Alec M. Leslie, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Telephone: (212) 989-9113 Facsimile: (212) 989-9163 E-mail: scott@bursor.com ndeckant@bursor.com fklorczyk@bursor.com aleslie@bursor.com CHARTER COMMUNICATIONS: "Anderson" Suit Transferred to E.D. Wis. ---------------------------------------------------------------- The class action lawsuit filed on April 27, 2017 captioned Christopher Anderson, individually and on behalf of classes of similarly situated individuals v. Charter Communications, Inc., d/b/a Spectrum, Case No. 1:17-cv-03181 was transferred on December 1, 2017 from the U.S. District Court for the Northern District of Illinois, Eastern Division to the U.S. District Court for the Eastern District of Wisconsin. The District Court Clerk assigned Case No. 2:17-cv-01684-DEJ to the proceeding. The case seeks to stop the Defendant's unlawful telephone solicitation practices and to obtain redress for all persons injured by its conduct. Charter Communications, Inc. is a nationwide provider of cable television, internet, and telephone services. [BN] The Plaintiff is represented by: Eugene Y. Turin, Esq. MCGUIRE LAW, P.C. 55 W. Wacker Dr., 9th Fl. Chicago, IL 60601 Telephone: (312) 893-7002 Facsimile: (312) 275-7895 E-mail: eturin@mcgpc.com The Defendant is represented by: Daniel H. Gaynor, Esq. Nathan D Chapman, Esq. Ryan D. Watstein, Esq. KABAT CHAPMAN & OZMER LLP 171 17th St NW-Ste 1550 Atlanta, GA 30363 Telephone: (404) 400-7300 E-mail: dgaynor@kcozlaw.com nchapman@kcozlaw.com rwatstein@kcozlaw.com - and - Ethan Emery White, Esq. LEONARDMEYER LLP 120 N LaSalle St-Ste 2000 Chicago, IL 60602 Telephone: (312) 380-6634 E-mail: ewhite@leonardmeyerllp.com COPPER COMPANIES: Business Unit Strikes Settlement Agreement ------------------------------------------------------------ The Cooper Companies, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended July 31, 2017, that CooperVision entered into a settlement agreement with class action plaintiffs. Since March 2015, over 50 putative class action complaints were filed by contact lens consumers alleging that contact lens manufacturers, in conjunction with their respective Unilateral Pricing Policy (UPP), conspired to reach agreements between each other and certain distributors and retailers regarding the prices at which certain contact lenses could be sold to consumers. The plaintiffs are seeking damages against CooperVision, Inc., other contact lens manufacturers, distributors and retailers, in various courts around the United States. In June 2015, all of the class action cases were consolidated and transferred to the United States District Court for the Middle District of Florida. CooperVision and the other defendants jointly filed a motion to dismiss the complaints in December 2015. In June 2016, the motion to dismiss with respect to claims brought under the Maryland Consumer Protection Act was granted, but the motion to dismiss with respect to claims brought under Section 1 of the Sherman Act and other state laws was denied. The actions currently are in discovery. In March 2017, the plaintiffs filed a motion for class certification. In August 2017, CooperVision entered into a settlement agreement with the plaintiffs, without any admission of liability, to settle all claims against CooperVision, subject to Court approval of the settlement. The Company has recorded a settlement accrual of $3.0 million for the third quarter fiscal ended July 31, 2017. The Cooper Companies, Inc. is a US based multinational company in the medical specialities sector. With its headquarters in Pleasanton, California, it has over 8,000 employees and consists of two subsidiaries, CooperVision (CVI) that provides contact lenses for both wearers and practitioners, and CooperSurgical (CSI) that provides products for health care professionals and establishments that are involved in women's health care. Contact lens sales, in particular, soft toric lenses which correct astigmatism, make up for 80% of Cooper Company sales. DEV MEDICAL: Prelim. Approval of Accord in "Moreno" Suit Sought --------------------------------------------------------------- The Plaintiffs in the lawsuit titled ERNESTINA MORENO and AGNIESZKA K. SOBCZYK, individually and on behalf of all persons similarly situated as collective representatives under the Fair Labor Standards Act and as Class Representatives for Class Action under IWPCA v. DEV MEDICAL ASSOCIATES S.C., Case No. 1:16-cv- 09519 (N.D. Ill.), move for an order: (A) granting preliminary approval of the parties' settlement agreement; (B) approving the form of notice to members of the proposed Settlement Class and authorizing dissemination of the notice as provided in the Settlement Agreement; (C) entering the deadlines set forth in the Settlement Agreement for filing requests for exclusion from the proposed Settlement Class and objections to the proposed settlement; (D) establishing a schedule for the filing of motions and memoranda in support or objecting to final approval of the proposed Settlement; and (E) establishing a date for a fairness hearing to consider approval of the settlement and its terms. On October 5, 2016, the Plaintiffs commenced this action as a purported class and collective action against Defendant DEV Medical Associates, S.C., on behalf of hourly employees, who were employed by the Defendant at any time since October 5, 2006. The Plaintiffs alleged that they, and similarly situated employees, were not paid overtime premium for hours they worked more than 40 hours in an individual workweek in violation of the Fair Labor Standards Act and the Illinois Minimum Wage Law, and that they were not paid on a semi-monthly basis in violation of the Illinois Wage Payment and Collections Act. The settlement provides an "opt-out" method of excluding class members. The settlement provides an opportunity for a potential recovery for every member of the class (ending date of change over to new system), based on all the potential claims asserted. The Plaintiffs and Class Counsel say that they have determined that this settlement confers substantial benefits upon the Class, that it is in the best interest of the Class, that the settlement is fair and reasonable, and that the claims should be settled as set forth in the Settlement Agreement. Defendant agrees to the proposed settlement without admitting any liability or wrongdoing. Defendant states its motivation for entering into the proposed settlement is to dispose expeditiously of the claims asserted against it in this lawsuit by settlement and compromise rather than incur the expense and uncertainty of protracted litigation. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=fRagK6j4 The Plaintiffs are represented by: John C. Ireland, Esq. THE LAW OFFICE OF JOHN C. IRELAND South Elgin, IL 60177 Telephone: (630) 464-9675 Facsimile: (630) 206-0889 E-mail: attorneyireland@gmail.com DISH DBS: Continues to Defend Against "Krakauer" Action ------------------------------------------------------- DISH DBS Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended September 30, 2017, that the company's total accrual related to the Krakauer Action at September 30 was $61 million. A portion of the alleged telemarketing violations by an independent third-party retailer at issue in a civil action by the United States Attorney General and several states in the United States District Court for the Central District of Illinois -- FTC Action -- are the subject of a certified class action filed against DISH Network L.L.C. in the United States District Court for the Middle District of North Carolina (the "Krakauer Action"). In the FTC Action, the Company's wholly-owned subsidiary DISH Network L.L.C. was sued for alleged violations of the Telephone Consumer Protection Act and the Telemarketing Sales Rule, as well as analogous state statutes and state consumer protection laws. In the Krakauer Action, following a five-day trial, on January 19, 2017, a jury in that case found that the independent third- party retailer was acting as DISH Network L.L.C.'s agent when it made the 51,119 calls at issue in that case, and that class members are eligible to recover $400 in damages for each call made in violation of the TCPA. On March 7, 2017, DISH Network L.L.C. filed motions with the Court for judgment as a matter of law and, in the alternative, for a new trial, which the Court denied on May 16, 2017. On May 22, 2017, the Court ruled that the violations were willful and knowing, and trebled the damages award to $1,200 for each call made in violation of TCPA. Dish DBS said "During the nine months ended September 30, 2017, we recorded $41 million of "Litigation expense" related to the Krakauer Action on our Condensed Consolidated Statements of Operations and Comprehensive Income (Loss). We recorded $20 million of "Litigation expense" related to the Krakauer Action during the fourth quarter 2016. Our total accrual related to the Krakauer Action at September 30, 2017 was $61 million and is included in "Other accrued expenses" on our Condensed Consolidated Balance Sheets." Dish DBS said in its Form 10-Q Report for the quarterly period ended June 30, 2017, that "The rulings in the Do Not Call litigation requiring us to pay up to an aggregate amount of $341 million and imposing certain injunctive relief against us, if upheld, would have a material adverse effect on our cash, cash equivalents and marketable investment securities balances and our business operations." "We intend to vigorously defend these cases. We cannot predict with any degree of certainty the outcome of these suits," the Company said. DISH DBS provides cable television services. The company offers pay-per-view and video on demand services. Dish Network operates throughout the United States and is based in Englewood, Colorado. DYCOM INDUSTRIES: Accord in Subcontractors' Suit Has Final OK ------------------------------------------------------------- The United States District Court for the Eastern District of Pennsylvania has granted final approval to the settlement of a class action lawsuit by subcontractors against Dycom Industries, Inc., the Company said in its Form 10-Q Report filed with the U.S. Securities and Exchange Commission for the quarterly period ended October 28, 2017. In September 2016, certain former employees of two subcontractors of TESINC, LLC ("TESINC"), a wholly owned subsidiary of the Company, commenced a lawsuit against those subcontractors, TESINC and a customer of TESINC in the United States District Court for the Eastern District of Pennsylvania. The lawsuit alleges violation of the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act of 1968, the Pennsylvania Wage Payment and Collection Law, and the New Jersey Wage and Hour Law by failing to comply with applicable minimum wage and overtime pay requirements as a result of the misclassification of workers as independent contractors. The plaintiffs sought unspecified damages and other relief on behalf of themselves and a putative class of similarly situated workers who had performed work between April 1, 2016 and June 30, 2016. The parties agreed to settle the lawsuit in March 2017 for an immaterial amount. On August 16, 2017, the District Court granted Preliminary Approval of the settlement. Dycom said in its Form 10-K Report for the fiscal year ended July 29, 2017, that a final approval hearing was scheduled for November 2017. Dycom Industries, Inc. is a provider of specialty contracting services throughout the United States and in Canada. The company's subsidiary companies provide program management, engineering, construction, maintenance, and installation services for telecommunications providers, underground facility locating services for various utilities, including telecommunications providers, and other construction and maintenance services for electric and gas utilities. The company provides the labor, tools and equipment necessary to design, engineer, locate, maintain, expand, install and upgrade the telecommunications infrastructure of its customers. DYCOM INDUSTRIES: Calif. Superior Court Approves Settlement ----------------------------------------------------------- Dycom Industries, Inc. said in its Form 10-K report filed with the U.S. Securities and Exchange Commission for the fiscal year ended July 29, 2017, that a California state court has entered an order approving the settlement in a class action lawsuit. In April 2016, a former employee of Prince Telecom, LLC ("Prince"), a wholly owned subsidiary of the Company, commenced a lawsuit against Prince in the Superior Court of California under the California Labor Code Private Attorneys General Act ("PAGA"). The lawsuit alleges that Prince violated the California Labor Code by, among other things, failing to pay the California minimum wage, failing to pay for all hours worked (including overtime), failing to provide meal breaks and failing to provide accurate wage statements. The plaintiff sought to recover all penalties arising from each alleged PAGA violation on behalf of himself and a putative class of current and former employees of Prince who worked as technicians in the State of California in the year preceding the filing date of the lawsuit. In December 2016, the parties agreed to settle the lawsuit for an immaterial amount. On July 11, 2017, the Court entered an Order approving the settlement. Dycom Industries, Inc. is a provider of specialty contracting services throughout the United States and in Canada. The company's subsidiary companies provide program management, engineering, construction, maintenance, and installation services for telecommunications providers, underground facility locating services for various utilities, including telecommunications providers, and other construction and maintenance services for electric and gas utilities. The company provides the labor, tools and equipment necessary to design, engineer, locate, maintain, expand, install and upgrade the telecommunications infrastructure of its customers. EMPIRE INTERNATIONAL: Certification Sought in "Paul" Suit --------------------------------------------------------- Yonaldo Paul, Michael McDermott, and Fred Mitchko, Plaintiffs in the lawsuit entitled YONALDO PAUL, et al. v. EMPIRE INTERNATIONAL, LTD d/b/a EMPIRE CLS, et al., Case No. 2:17-cv- 12012-SDW-LDW (D.N.J.), move the Court for conditional certification of a nation-wide collective action pursuant to the Fair Labor Standards Act. The Named Plaintiffs also seek permission from the Court to facilitate notice to all employees of the Defendants, who were, at some point during the three years preceding the filing of the instant action through the present, employed as drivers. The Named Plaintiffs further ask that the Court compel the Defendants to provide, in electronic and importable format, the names, addresses, e-mail addresses, and phone numbers of each member of the class. The Named Plaintiffs request that this Court approve the Notice attached to this Motion as Exhibit HH to be sent to the class. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=l03hXoDC The Plaintiffs are represented by: Matthew D. Miller, Esq. Justin L. Swidler, Esq. Richard S. Swartz, Esq. SWARTZ SWIDLER, LLC 1101 Kings Highway North, Ste. 402 Cherry Hill, NJ 08034 Telephone: (856) 685-7420 Facsimile: (856) 685-7417 E-mail: mmiller@swartz-legal.com jswindler@swartz-legal.com rswartz@swartz-legal.com ENAGIC USA: Makaron Seeks Certification of Class and Subclasses --------------------------------------------------------------- The Plaintiff in the lawsuit entitled EDWARD MAKARON, individually and on behalf of all others similarly situated v. ENAGIC USA, INC., Case No. 2:15-cv-05145-DDP-E (C.D. Cal.), pursuant to the Telephone Consumer Protection Act, asks the Court to certify these Class and Subclasses: * Class: All persons within the United States who received a telephone call from Defendant or one of its Distributors, on said Class Member's telephone made through the use of any automatic telephone dialing system or an artificial or prerecorded voice, between July 8, 2011 and Present * Prerecorded Voice Subclass: All persons within the United States who received a telephone call from Defendant or one of its Distributors, on said Class Member's telephone made through the use of any system that utilized an artificial or prerecorded voice, between July 8, 2011 and Present * Cell Phone Subclass: All persons within the United States who received a telephone call from Defendant or one of its Distributors, on said Class Member's cellular telephone made through the use of any automatic telephone dialing system or an artificial or prerecorded voice, between July 8, 2011 and Present * Prerecorded Voice Cell Phone Subclass: All persons within the United States who received a telephone call from Defendant or one of its Distributors, on said Class Member's cellular telephone made through the use of any system that utilized an artificial or prerecorded voice, between July 8, 2011 and Present * Prerecorded Voice Cell Phone 2015 Subclass: All persons within the United States who received a telephone call from Defendant or one of its Distributors, on said Class Member's cellular telephone made through the use of any system that utilized an artificial or prerecorded voice, between January 1, 2015 and December 31, 2015. The Plaintiff also asks the Court to appoint him as Class Representative and to appoint his attorneys as Class Counsel. The Court will commence a hearing on February 26, 2018, at 10:00 a.m., to consider the Motion. A copy of the Notice of Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ttoQb1CF The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Thomas E. Wheeler, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St. Suite 780, Woodland Hills, CA 91367 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com twheeler@toddflaw.com FINISAR CORP: Oklahoma Firefighters' Bid to Certify Class Denied ---------------------------------------------------------------- The Hon. Edward J. Davila denied the motion for class certification filed by the Oklahoma Firefighters Pension & Retirement System, Lead Plaintiff in the lawsuit titled In re Finisar Corporation Securities Litigation, Case No. 5:11-cv- 01252-EJD (N.D. Cal.). The Lead Plaintiff brings this putative securities fraud class action against Defendants Finisar Corporation, Eitan Gertel and Jerry S. Rawls, alleging that they issued a single false or misleading statement on December 2, 2010, denying an inventory build-up of Finisar's key telecom products by the Company's customers. The Lead Plaintiff brings this action on behalf of itself and a class of all persons and entities, who purchased or otherwise acquired the common stock of Finisar between December 2, 2010, and March 8, 2011. The Defendants have rebutted the Basic presumption of fraud-on- the-market reliance by demonstrating through a preponderance of evidence that Eitan Gertel's December 2nd statement had no price impact when made or thereafter, Judge Davila opined, citing Basic v. Levinson, 485 U.S. 224, 248, n.27 (1988). Eitan Gertel served as Chief Executive Officer and a director of Finisar from August 2008 to September 2015. "It follows that the predominance requirement for class certification has not been met. Accordingly, Plaintiff's motion for class certification is DENIED," Judge Davila explained. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=nSHvZ8UH FIRST HAWAIIAN: Unit Continues to Defend Class Action Suit ---------------------------------------------------------- First Hawaiian, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended September 30, 2017, that its subsidiary First Hawaiian Bank (FHB) continues to defend itself from a class action suit, filed by a bank customer for an alleged unjust and deceptive trade practices. On January 27, 2017, a purported class action lawsuit was filed by a Bank customer alleging that FHB improperly charges an overdraft fee in circumstances where an account has sufficient funds to cover the transaction at the time a transaction is authorized by the customer but not at the time the transaction is posted, and that this practice constitutes an unjust and deceptive trade practice. The lawsuit further alleges that FHB's practice of assessing a one-time continuous negative balance overdraft fee on accounts remaining in a negative balance for a seven-day period constitutes a usurious interest charge and an unfair and deceptive trade practice. This lawsuit is similar to lawsuits filed against other financial institutions pertaining to available balance overdraft fee disclosures and continuing negative balance overdraft fees. Because of the many questions of fact and law that may arise in the future, the outcome of this legal proceeding is uncertain at this point. Based on information available to the Company at present, the Company cannot reasonably estimate a range of potential loss, if any, for this action because, among other things, its potential liability depends on whether a class is certified and, if so, the composition and size of any such class, the applicable time period at issue, as well as an assessment of the appropriate measure of damages if the Company were to be found liable. Accordingly, the Company has not recognized any liability associated with this action. Management disputes any wrongdoing and the case is being vigorously defended. First Hawaiian said "In addition to the litigation noted above, various other legal proceedings are pending or threatened against the Company. After consultation with legal counsel, management does not expect that the aggregate liability, if any, resulting from these proceedings would have a material effect on the Company's consolidated financial position, results of operations or cash flows." First Hawaiian, Inc. operates as a bank holding company for First Hawaiian Bank that provides banking services to consumer and commercial customers in the United States. It operates through Retail Banking and Commercial Banking segments. It was formerly known as BancWest Corporation and changed its name to First Hawaiian, Inc. in April 2016. The Company was founded in 1874 and is headquartered in Honolulu, Hawaii. First Hawaiian, Inc. is a subsidiary of BancWest Corporation. FLINT, MI: Theodore Leopold Appointed Co-Lead Plaintiffs Counsel ---------------------------------------------------------------- ALM reports that Theodore J. Leopold was appointed co-lead plaintiffs counsel in the Flint, Michigan, lead-contamination water case and in a Palm Beach Circuit Court lawsuit by more than 90 survivors and victims' families of the Pulse nightclub shooting. The Flint case alleges state and city governments allowed contaminated water to poison citizens of the financially strapped and predominantly black city for more than a year. The Pulse wrongful death and negligence lawsuit is against shooter Omar Mateen's employer, security company G4S PLC, alleging failure to act on threats against his co-workers and failure to perform a comprehensive background check and an appropriate psychological evaluation before hiring him. Leopold served as lead plaintiffs trial counsel and co-lead counsel when a 10-member jury in the District of Columbia unanimously held defense contractor DynCorp responsible for its subcontractor pilots in an anti-drug campaign along the Colombia- Ecuador border. The same jury awarded no damages in April to the first six Ecuadorean plaintiffs among about 2,000 farmers and their families who blamed herbicide applications for illnesses and crop losses. Mr. Leopold also was co-lead counsel in a national consolidated class action, representing 22 trucking and transportation companies and individuals in 18 states who alleged defective C13 and C15 engines made by Caterpillar Inc. left passengers stranded and unduly delayed the transportation of goods. A $60 million settlement received final approval from a New Jersey federal judge in September 2016. The Palm Beach Gardens attorney is the chair of Cohen Milstein's catastrophic injury and wrongful death, unsafe and defective products, and managed care abuse practices and co-chair of the firm's consumer protection practice. [GN] FLORIDA: Certification of Subclasses Sought in "Hernandez" ---------------------------------------------------------- The Plaintiff in the lawsuit styled Isidor Hernandez, and all others similarly situated v. STATE OF FLORIDA, Case No. 3:15-cv- 01414-TJC-JRK (M.D. Fla.), asks the Court to certify these subclasses: * Subclass 1 consists of all current and prior Jimmy Ryce Act residents, who were diagnosed as suffering from Paraphilia NOS Diagnosis as described in the DSM-V prior from its abolishment May 10, 2013. * Subclass 2 consists of all current and prior Jimmy Ryce Act residents who were diagnosed under the Static-99 or the revised Static-99-R. The Plaintiff also asks the Court to appoint a counsel to represent the class. The Plaintiff, who is currently incarcerated at the Florida Civil Commitment Center, appears pro se. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=ZqorpTrn The Defendant is represented by: Pam Bondi, Esq. ATTORNEY GENERAL OF FLORIDA The Capitol, PL-01 Tallahassee, FL 32399 Telephone: (850) 245-0140 E-mail: pam.bondi@myfloridalegal.com - and - Lacey Kantor, Esq. ASSISTANT GENERAL COUNSEL DEPARTMENT OF CHILDREN & FAMILIES 1317 Winewood Blvd. Tallahassee, FL 32399 Telephone: (850) 413-6173 E-mail: lacey.kantor@myflfamilies.com FLORIDA BC: Reese Moves to Certify Class of Sales Coordinators -------------------------------------------------------------- The Plaintiff in the lawsuit styled JAY E. REESE, individually and on behalf of all those similarly situated v. FLORIDA BC HOLDINGS, LLC d/b/a SYNERGY EQUIPMENT, Case No. 6:17-cv-01574- CEM-GJK (M.D. Fla.), asks the Court to certify this class under the Fair Labor Standards Act: All Employees of Synergy who: (1) are or were employed by Synergy as "Sales Coordinators" during the preceding three years; (2) were misclassified as exempt from the FLSA; and (3) worked more than forty hours in a work week without being paid proper overtime compensation. Mr. Reese also asks the Court to appoint his counsel as class counsel, and to appoint him as Class Representative to have authority to make any and all decisions on behalf all class members/opt-in plaintiffs concerning this litigation. He also seeks approval of notices and procedures, as well as permission to supervise the sending of notices to all "Sales Coordinators." He further asks the Court to direct the Defendant to provide him with necessary contact and other information on the proposed class members. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=pNZFOKlB The Plaintiff is represented by: Scott C. Adams, Esq. N. Ryan Labar, Esq. LABAR & ADAMS, P.A. 2300 East Concord Street Orlando, FL 32803 Telephone: (407) 835-8968 Facsimile: (407) 835-8969 E-mail: sadams@labaradams.com rlabar@labaradams.com The Defendant is represented by: Rene M. Fix, Esq. Kim Bouchard-Chaimowiz, Esq., ROGERS TOWERS, P.A. 818 A1A N., Suite 208 Ponte Vedra Beach, FL 32082 Telephone: (904) 473-1400 Facsimile: (904) 473-1399 E-mail: rfix@rtlaw.com kbouchardc@rtlaw.com FORD MOTOR: Glancy Prongay Files Securities Class Action -------------------------------------------------------- Glancy Prongay & Murray LLP disclosed that a class action lawsuit has been filed on behalf of investors that purchased Ford Motor Company securities between February 18, 2014 and October 26, 2017, inclusive (the "Class Period"). Ford investors have until December 29, 2017 to file a lead plaintiff motion. To obtain information or participate in the class action, please visit the Ford page on our website at www.glancylaw.com/case/ford-motor- company. Investors suffering losses on their Ford investments are encouraged to contact Lesley Portnoy of GPM to discuss their legal rights in this class action at 310-201-9150 or by email to shareholders@glancylaw.com. On October 27, 2017, the U.S. National Highway Traffic Safety Administration ("NHTSA") announced a preliminary investigation into 841,000 Ford vehicles, citing concerns that the vehicles' steering wheels could detach while the vehicles are in motion. NHTSA stated that it is specifically investigating 2014-2016 model Ford Fusion sedans. On this news, shares of Ford fell $0.21 per share, or 1.71%, to close at $12.06 on October 27, 2017, thereby injuring investors. The complaint filed in this class action alleges that throughout the Class Period Defendants made materially false and/or misleading statements and/or failed to disclose that: (1) flaws in Ford's manufacturing processes, supply chain, and/or quality controls rendered at least 841,000 Ford vehicles unsafe to drive; (2) these issues, when revealed, would foreseeably subject Ford to additional regulatory scrutiny and impact its profitability; and (3) consequently, Ford's public statements were materially false and misleading at all relevant times. Follow us for updates on Twitter: twitter.com/GPM_LLP. If you purchased shares of Ford during the Class Period you may move the Court no later than December 29, 2017 to ask the Court to appoint you as lead plaintiff if you meet certain legal requirements. To be a member of the Class you need not take any action at this time; you may retain counsel of your choice or take no action and remain an absent member of the Class. If you wish to learn more about this action, or if you have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Lesley Portnoy, Esquire, of GPM, 1925 Century Park East, Suite 2100, Los Angeles California 90067 at 310-201-9150, Toll-Free at 888-773- 9224, by email to shareholders@glancylaw.com, or visit our website at www.glancylaw.com. If you inquire by email please include your mailing address, telephone number and number of shares purchased. Lesley Portnoy, Esq. Glancy Prongay and Murray LLP Tel: 310-201-9150 888-773-9224 Email: lportnoy@glancylaw.com [GN] GFIVE LLC: Duhart Seeks to Recoup Unpaid Wages for Exotic Dancers ----------------------------------------------------------------- SHANRIKA DUHART v. GFIVE, LLC, a Florida limited liability company, Case No. 1:17-cv-24334-UU (S.D. Fla., November 30, 2017), is brought on behalf of all those similarly situated for alleged violations of the Fair Labor Standards Act. Ms. Duhart, a resident of the County of Miami-Dade, Florida, became employed and hired by the Defendant in August 2015, and worked for the Defendant as an "Exotic Dancer" until July 2016. She seeks to recover unpaid overtime wages, minimum wages, liquidated damages, reasonable attorney's fee and costs from the Defendant. GFIVE, LLC, is a Florida limited liability company formed and existing under the laws of the state of Florida.[BN] The Plaintiff is represented by: Brian J. Militzok, Esq. MILITZOK LAW, P.A. Wells Fargo Building 4600 Sheridan Street, Suite 402 Hollywood, FL 33021 Telephone: (954) 780-8228 Facsimile: (954) 719-4016 E-mail: bjm@militzoklaw.com GIGAMON INC: "Tjon-En-Fa" Suit Questions Proposed Sale to Elliott ----------------------------------------------------------------- MICHAEL DAVID TJON-EN-FA, Individually and On Behalf of All Others Similarly Situated v. GIGAMON INC., COREY M. MULLOY, PAUL A. HOOPER, MICHAEL C. RUETTGERS, JOHN H. KISPERT, PAUL J. MILBURY, TED C. HO, ROBERT E. SWITZ, JOAN A. DEMPSEY, DARIO ZAMARIAN, ARTHUR W. COVIELLO, JR., ELLIOTT ASSOCIATES, L.P., ELLIOTT MANAGEMENT CORPORATION, ELLIOTT INTERNATIONAL, L.P., ELLIOTT INTERNATIONAL CAPITAL ADVISORS INC., THE LIVERPOOL LIMITED PARTNERSHIP, EVERGREEN COAST CAPITAL, GINSBERG HOLDCO, INC., and GINSBERG MERGER SUB INC., Case No. 2017-0854 (Del. Ch. Ct., November 30, 2017), arises out of the proposed sale of Gigamon to Elliott pursuant to an unfair process and for an unfair price. Mr. David Tjon-En-Fa, on behalf of himself and the holders of the common stock of Gigamon, brings the Verified Class Action Complaint for: (i) violation of 8 Del. C. Section 203, (ii) breach of breach of fiduciary duties by the members of the Board of Directors of Gigamon, and (iii) aiding and abetting the Board's breaches of fiduciary duties by one of the Company's largest stockholders, Elliott Associates, L.P., (collectively with its affiliates Elliott Management Corporation, Elliott International, L.P., Elliott International Capital Advisors Inc., The Liverpool Limited Partnership, Evergreen Coast Capital Corp., Ginsberg Holdco, Inc. ("Newco"), and Ginsberg Merger Sub, Inc. ("Merger Sub"), "Elliott"). On October 26, 2017, Gigamon entered into an agreement and plan of merger with Newco and Merger Sub, pursuant to which Merger Sub will merge with and into the Company, with the Company surviving as a wholly-owned subsidiary of Newco (the "Proposed Buyout"). Pursuant to the terms of the Merger Agreement, Gigamon shareholders will receive only $38.50 in cash for each share of Gigamon common stock that they own (the "Merger Consideration"). This Merger Consideration does not reflect Gigamon's intrinsic value or the value of the Company as the target of a full and fair sales process, says the complaint. Gigamon Inc. is a Delaware corporation that maintains its principal executive offices in Santa Clara, California. The Company designs and markets networking products and solutions. The Individual Defendants are directors and officers of the Company. Elliott Associates, L.P., is a Delaware limited partnership with its principal executive offices located in New York City. Elliott International, L.P., is a Cayman Islands limited partnership with its principal executive offices located in George Town, Cayman Islands, British West Indies. Elliott International, L.P. is a wholly owned subsidiary of Elliott Associates, L.P. Elliott International Capital Advisors Inc. is a Delaware corporation and the investment manager of Elliott International, L.P. According to the Schedule 13Ds filed by Elliott, EICA, collectively with Elliott Associates, L.P. and Elliott International, L.P., have combined economic exposure in Gigamon of approximately 15% of the Company's shares of outstanding common stock. The Liverpool Limited Partnership is a Bermuda limited partnership and a wholly-owned subsidiary of Elliott Associates, L.P. Elliott Management Corporation is a corporation organized and existing under the laws of the state of Delaware with its principal executive offices located in New York City. Evergreen Coast Capital Corp. is a corporation organized and existing under the laws of the state of Delaware with its principal executive offices located in Menlo Park, California. Ginsberg Holdco, Inc., is a corporation organized and existing under the law of the State of Delaware and was formed for purposes of effectuating the Proposed Buyout. Ginsberg Merger Sub, Inc., is a Delaware corporation and wholly owned subsidiary of Newco, and was formed for purposes of effectuating the Proposed Buyout.[BN] The Plaintiff is represented by: Blake A. Bennett, Esq. COOCH AND TAYLOR, P.A. The Brandywine Building 1000 West Street, 10th Floor Wilmington, DE 19801 Telephone: (302) 984-3800 E-mail: bbennett@coochtaylor.com - and - Juan E. Monteverde, Esq. Miles D. Schreiner, Esq. MONTEVERDE & ASSOCIATES PC 350 Fifth Avenue, Suite 4405 New York, NY 10118 Telephone: (212) 971-1341 Facsimile: (212) 202-7880 E-mail: jmonteverde@monteverdelaw.com mschreiner@monteverdelaw.com - and - Michael J. Palestina, Esq. Christopher R. Tillotson, Esq. KAHN SWICK & FOTI, LLC 206 Covington Street Madisonville, LA 70447 Telephone: (504) 455-1400 Facsimile: (504) 455-1498 E-mail: michael.palestina@ksfcounsel.com christopher.tillotson@ksfcounsel.com GOLDEN KRUST: Workers Seek Class Action Lawsuit Over Wages ---------------------------------------------------------- Angela Helm, writing for The Root, reports that less than a week after Golden Krust CEO Lowell Hawthorne shot and killed himself in his Bronx factory, the Caribbean bakery and restaurant chain was hit with a wage lawsuit brought by two former employees. The New York Daily News reports that William Anderson and Sixto Ramirez filed a lawsuit in federal court on December 7, saying that the company routinely did not pay its workers federally mandated overtime. The complaint also seeks class action status. As reported earlier by The Root, Hawthorne, 57, committed suicide in his office last December 9. The Root also reported that Hawthorne was reportedly looking at millions owed in back taxes. Financial distress is a trigger for suicide, according to professionals, but major depression is the largest cause. [GN] GRETNA, LA: Nelson Seeks Certification of Two Classes ----------------------------------------------------- Tamara G. Nelson and Timothea N. Richardson move the Court for an order certifying the action captioned TAMARA G. NELSON and TIMOTHEA N. RICHARDSON, individually and on behalf of all other persons similarly situated v. BELINDA C. CONSTANT, in her official capacity as Mayor of the City of Gretna, Louisiana, RAYMOND A. OSBORN, JR., in his official capacity as Magistrate of the Gretna Mayor's Court, OLDEN C. TOUPS, JR., in his official capacity as Magistrate of the Gretna Mayor's Court, WALTER J. LEBLANC, in his official capacity as City Prosecutor for the City of Gretna, ARTHUR LAWSON, JR., in his official capacities as Chief of Police and Marshal, TERRI BROSSETTE, in her official capacities as Clerk of the Gretna Mayor's Court and Lieutenant of the Gretna Police Department, and the CITY OF GRETNA, LOUISIANA, Case No. 2:17-cv-14581-ILRL-JVM (E.D. La.), as a class action pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure. The Plaintiffs ask the Court to certify Plaintiff Classes consisting of Putative classes A and B. Putative Class A, represented by Ms. Nelson, consists of persons cited to appear before the Gretna Mayor's Court, who are awaiting adjudication of their criminal or traffic cases. Putative Class B, represented by Ms. Richardson, consists of persons, who in the past year were denied participation in, terminated from, or threatened with termination from the Deferred Prosecution program due to their inability to pay program fees. The Plaintiffs also ask the Court to appoint their counsel as class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=kry6z8wy The Plaintiffs are represented by: Eric A. Foley, Esq. Katie M. Schwartzmann, Esq. RODERICK & SOLANGE MACARTHUR JUSTICE CENTER 4400 S. Carrollton Ave. New Orleans, LA 70119 Telephone: (504) 620-2259 Facsimile: (504) 208-3133 E-mail: eric.foley@macarthurjustice.org katie.schwartzmann@macarthurjustice.org GYRODYNE LLC: Says 2016 Unsold Properties Has Lower Appraisal ------------------------------------------------------------- Gyrodyne, LLC said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended June 30, 2017, that the aggregate value of the remaining unsold properties, based on 2016 appraisals, was $550,000 lower than the 2014 appraised values. Gyrodyne said in its Form 10-Q Report for the quarterly period ended September 30, 2017, that the aggregate value, based on the 2016 appraisals, of the remaining unsold properties was $150,000 lower than the 2014 appraised values. On July 3, 2014, a purported stockholder of Gyrodyne Company of America, Inc. (the "Corporation") filed a putative class action lawsuit against the Corporation and members of its Board of Directors (the "Individual Defendants"), and against GSD and the Company (collectively, the "Defendants"), in the Supreme Court of the State of New York, County of Suffolk (the Court), captioned Cashstream Fund v. Paul L. Lamb, et al., Index No. 065134/2014 (the "Action"). The complaint alleged, among other things, that (i) the Individual Defendants breached their fiduciary duties or aided and abetted the breach of those duties in connection with the merger of the Corporation and GSD into the Company (the "Merger") and (ii) the Corporation and the Individual Defendants breached their fiduciary duties by failing to disclose material information in the proxy statement/prospectus relating to the Merger. On August 14, 2015, the parties to the Action entered into a Stipulation of Settlement (the "Settlement") providing for the settlement of the Action, subject to the Court's approval. Under the Settlement, the Corporation and the Company amended the proxy statement/prospectus on August 17, 2015 with certain supplemental disclosures, and agreed that any sales of its properties would be effected only in arms'-length transactions at prices at or above their appraised values as of December 2014. The plaintiff, on behalf of itself and the members of the putative class it represented, agreed to release and dismiss with prejudice all claims that had or could have been asserted in the Action or in any other forum against the Defendants and their affiliates and agents arising out of or relating to the Merger and the other transactions alleged by plaintiff in its complaint, as supplemented. On April 8, 2016, the Court entered a Final Order and Judgment approving the Settlement. By order of the same date, the Court also granted plaintiff's application for an award of attorney's fees and reimbursement of expenses in the amount of $650,000 which was paid in full in April 2016. Gyrodyne, LLC is a limited liability company formed under the laws of the State of New York whose primary assets are comprised of a geographically diverse portfolio of medical office and industrial properties located on Long Island and in Westchester County, New York. HERRICK CORP: Ybarra Sues Plan Trustees Over ERISA Violations ------------------------------------------------------------- FELIPE YBARRA and CESARIO SERRATO, Individually and as representatives of a class consisting of the participants and beneficiaries of the Supplemental Income 401(K) Plan v. BOARD OF TRUSTEES OF SUPPLEMENTAL INCOME TRUST FUND; RICHARD BARBOUR; ROME A. ALOISE; KEITH FLEMING; CARLOS BORBA; and CLARK RITCHEY, Case No. 8:17-cv-02091 (C.D. Cal., November 30, 2017), accuses the Defendants of breaching their fiduciary duties under the Employee Retirement Income Security Act in the management, operation and administration of the Plan. The Supplemental Income 401(k) Plan is a multi-employer defined contribution retirement plan for union members that enables eligible participants to make tax-deferred contributions from their salaries to the Plan. As of December 31, 2016, the Plan had 27,178 participants and $921,556,147 in assets, putting it in the top 1% of defined contribution plans in the United States. The Board of Trustees of Supplemental Income Trust Fund is the sponsor and administrator of the Plan. Richard Barbour is Executive Vice President of The Herrick Corporation and a current member of the Board of Trustees. Keith Fleming is the Chairman of the Board of Directors of Industrial Employers Distributors Association and a current member of the Board of Trustees. Rome Aloise is Secretary-Treasurer of Teamsters Local 853 and a current member of the Board of Trustees. Carlos Borba is the President of Teamsters Local 315 and a current member of the Board of Trustees. Clark Ritchey is Secretary-Treasurer of Teamsters District Council and a current member of the Board of Trustees.[BN] The Plaintiffs are represented by: Andrew D. Stolper, Esq. Jason M. Frank, Esq. Scott H. Sims, Esq. FRANK SIMS & STOLPER LLP 19800 MacArthur Blvd., Suite 855 Irvine, CA 92612 Telephone: (949) 201-2400 Facsimile: (949) 201-2405 E-mail: astolper@lawfss.com jfrank@lawfss.com ssims@lawfss.com - and - Jonathan Parrott, Esq. FRANKLIN D. AZAR & ASSOCIATES 14426 East Evans Avenue Aurora, CO 80014 Telephone: (303) 757-3300 Facsimile: (303) 759-5203 E-mail: parrottj@fdazar.com HOFFMAN-LAROCHE: Former Soldier's Lawsuit in Limbo -------------------------------------------------- Gord Young, writing for The Nugget, reports that the fate of a lawsuit brought on behalf of veterans who allege they were required to take an anti-malarial drug that has caused long- lasting health problems will be decided in the new year. A Superior Court judge heard arguments in a North Bay court December 8 about whether the case, launched in 2001, should be allowed to proceed as a class action against the federal government and the pharmaceutical company -- Hoffman-LaRoche -- that developed the drug -- mefloquine. The federal government is calling for dismissal of the suit, largely due to the "inordinate" delay, while counsel for lead plaintiff Ronald Smith contends the hold-up is excusable due to a number of challenges in moving it forward. They include the mental health problems Smith says he has suffered as a result of the drug. But Justice Robbie Gordon has called for additional submissions to be made in January regarding the legal recourse that may be available to the plaintiffs should the court decline to certify the case as a class action. Smith's lawyer, Wayne Stickland, Esq. suggested it's important for the court to consider that the case could simply be refiled almost immediately as a class action by a new lead plaintiff should that occur. But federal government lawyer, Elizabeth Richards, argued against that assertion, suggesting plaintiffs would only be able to pursue individual lawsuits. Gordon indicated the matter is a significant point of point of contention when it comes to access to justice, but cautioned that his request for additional submissions should not be taken as a predetermination of any type. Stickland acknowledged during the hearing the case has been inordinately delayed. But he argued the delay is excusable not only due to Smith's struggles with the mental health issues he has suffered as a result of the drug, but legal hurdles, including efforts to find new representation, and challenges associated with the science surrounding mefloquine and the need for expert evidence. He said the plaintiff wants his day in court and a decision based on evidence rather than "procedural technicalities." Richards, however, argued that the delay in the case -- nearly 18 years -- is extreme. And she suggested there were no meaningful steps taken on behalf of the plaintiff during that time to advance the case. And she argued that reasons put forward for the delay are common hurdles faced by litigants rather than credible excuses. Richards said the defendant has a right to have the matter dealt with in a timely manner. She said it's been 25 years since the events at the heart of the case took place, there is little available documentation and the memories of potential witnesses have likely faded, while some witnesses have died. [GN] HOLLYWOOD CASINO: Employee Files Class Action Suit -------------------------------------------------- Kelsie Lerose, writing for The Journal, reports that an employee at Hollywood Casino in Charles Town, has filed a class action and collective action civil complaint in the U.S. District Court for the Northern District of West Virginia against the company seeking relief for alleged withheld wages on behalf of herself and any similarly situated employees and/or former employees. According to the complaint, the case was filed on Nov. 8 in response to the "improper use of the tip pool for purposes of a paid time off fund" against PNGI Charles Town Gaming, LLC; Hollywood Casino at Charles Town Races; and Penn National Gaming, Inc. Eric Schippers, senior vice president, public affairs and government relations of Penn National Gaming, said on behalf of Hollywood Casino at Charles Town Races, while Hollywood does not typically comment on pending litigation, the allegations are incorrect and all of the tips received by dealers are distributed to dealers in the same pay period. Allegations in the complaint said that Linda Barrick was employed as a dealer at Hollywood Casino around May 2011 with compensation of $5.50 per hour plus tips. The complaint said she was given a raise to $6.50 an hour plus tips. According to the complaint, during each shift, the defendants require dealers to allocate the totality of their tips to a top pool shared with all other dealers on the same shift at Hollywood Casino. At the end of each shift, the tips are split equally among the dealers on that shift. Tips are in varying amounts based on daily customer base, the complaint said. The daily tip pool generates an average of approximately $21.50 per hour per dealer, the complaint said. However, some days, the tip pool can generate an hourly wage of $60 to $70 per dealer. "On such days when the tip pool generates higher hourly wages for the dealers, defendants, at their discretion and without notifying the dealers, remove funds from the tip pool to support future payments of dealers' paid time off," the complaint said. "This, in turn, reduces the daily tip rate and overall daily hourly wage for plaintiff and for other dealers." The complaint said the defendants violated and continue to violate federal wage and hour requirements by not allowing to dealers all to retain all of their tips. Count one of the complaint discussed breach of contract, common law; count two discussed West Virginia Wage Payment and Collection Act (West Virginia code 21-5-1); and count three discussed the Fair Labor Standards Act of 1938 (29 U.S.C. 201). The complaint called for a "prayer for relief." "Exact amounts owed to plaintiff and the punitive class members is unknown, but will be determined and stated after review of the defendants' records and/or upon trial of this matter," the complaint said. According to the complaint, the prayer for relief from the court includes declaration from the defendants that they committed violations of the West Virginia Wage Payment and Collection Act and Fair Labor Standards Act of 1938. The complaint also requested an award judgment in the amount of the difference between the wages actually paid to the classes and the wages owed to them under FLSA, WPCA and defendants' tip pool compensation policy contract; award judgment for the classes' economic damages in amounts according to proof as provided for in the FLSA, WPCA and WV common law; award liquidated damages; award interest due to unpaid wages; and award reasonable attorney's fee and the costs of this action. "Any employee at Hollywood who has concerns about his or her pay is welcome to bring those concerns to the attention of Human Resources," Schippers said. "Hollywood Casino will respond further to the allegations in its defense of the litigation, which Hollywood believes will be dismissed." Barrick is represented by the Employment Law Group as well as Garry Geffert, Esq. -- geffert@wvdsl.net [GN] HORIZON HEALTH: $1.2-Mil. Settlement Reached in Class Action ------------------------------------------------------------ Bobbi-Jean MacKinnon, writing for CBC News, reports that a tentative settlement worth more than $1.2 million has been reached in a class-action lawsuit against the Horizon Health Network over the use of unsterilized biopsy forceps at the Miramichi Regional Hospital during a 14-year period. Nearly 2,500 women who underwent biopsies at the colposcopy clinic were advised in 2013 they might be at risk of HIV, hepatitis B and hepatitis C because standard sterilizing procedures weren't always followed because of high patient volume. The proposed agreement, which must still be approved by the Court of Queen's Bench, will mean between $350 and $1,000 for each woman, depending on how many join the class action before the Feb. 23 deadline, lawyer Ray Wagner said on December 8. About 65 women have signed on so far, he said. The remainder of the $1.275 million will be used to cover legal fees, the costs of notifying class members about the settlement, and the costs of distributing the payments. "We're happy to bring a closure and a resolution to these claims," said Wagner, who is co-counsel with Ches Crosbie, of St. John's. "We believe that the proposed settlement provides for reasonable compensation for class members and avoids protracted litigation," he said. "In class actions, of course they're not perfect and to a large degree it's rough justice, but it's justice nevertheless and we're happy with the outcome." A colposcopy is a diagnostic procedure used to closely examine a woman's cervix, vagina and vulva for signs of disease, such as cancer. It is often performed if a Pap test has come back with abnormal results. In 2013, 2,497 women who had visited the Miramichi hospital's colposcopy clinic dating back to 1999 received a letter advising them of the risk of infection because the clinic didn't follow the recommended cleaning practices for forceps used in biopsies. Horizon spokeswoman Stephanie Neilson declined to comment on the tentative settlement. "The settlement is not final until approved by the court, therefore we are unable to provide a comment at this time," she said. The plaintiffs sued for negligence, breach of contract, breach of privacy rights, intrusion upon seclusion and battery. A settlement is not an admission of guilt or responsibility. None of the allegations in the suit have been proven in court. Court hearing March 20 A settlement approval hearing will be held on March 20 at 9:30 a.m. at the Miramichi Law Courts. The proposed agreement must be deemed fair, reasonable and in the best interests of class members. Class members are welcome to attend the hearing and address the court, said Wagner. Anyone who wants to object to the proposed settlement is asked to write or email Wagners Law Firm by Feb. 23, stating their reasons. Any objections will be filed with the court, he said. No illnesses reported Sterilization is a process used to remove or kill "all forms of germs," by using steam, gas, or chemicals. The equipment was sterilized the night before colposcopy clinics, but because there weren't enough forceps available to meet demand during clinics, a practice evolved of using high-level disinfection during clinic days to "reprocess" the equipment and get it back in service to meet demand, then-Horizon CEO John McGarry said at the time. High-level disinfection destroys 99.99 per cent of blood-borne pathogens such as hepatitis B, hepatitis C and HIV, Horizon officials have said. Standard practice in North America is to sterilize forceps after every use as opposed to disinfecting them. To date, no women have come forward indicating they have contracted any of the illnesses, said Wagner. "So that's encouraging," he said. If anyone has become ill, they may have a separate claim, Wagner said. If the tentative settlement is approved by the court, a notice and claim form will be mailed to class members, said Wagner. Any class member who has moved since August 2013 is encouraged to give Wagners a new mailing address. [GN] IDENTIV INC: 9th Cir. Appeal in Securities Suit Underway -------------------------------------------------------- The appeal in a class action lawsuit against Identiv, Inc., remains pending before the Ninth Circuit Court of Appeals. On December 16, 2015, the company and certain of its present and former officers and directors were named as defendants in a putative class action lawsuit filed in the United States District Court for the Northern District of California, entitled Rok v. Identiv, Inc., et al., Case No. 15-cv-05775, alleging violations of Section 10(b) of the Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and Section 20(a) of the Exchange Act of 1934. On May 3, 2016, the court-appointed lead plaintiff Thomas Cunningham in the Rok lawsuit filed an amended complaint and a notice of dismissal without prejudice of all current or former officers and directors other than Jason Hart and Brian Nelson. Identiv disclosed in a regulatory filings that, "On June 6, 2016, each of us, Jason Hart, and Brian Nelson filed a motion to dismiss for failure to state a claim upon which relief can be granted in the Rok lawsuit; on August 5, 2016, the court granted those motions with leave for the lead plaintiff to file a second amended complaint." On September 12, 2016, the lead plaintiff in the Rok lawsuit filed a second amended complaint. Identiv said "On October 10, 2016, each of us, Jason Hart, and Brian Nelson filed a motion to dismiss that second amended complaint for failure to state a claim upon which relief can be granted in the Rok lawsuit; on January 4, 2017, the court granted those motions with prejudice and entered judgment for us and the other defendants and against the lead plaintiff." On February 6, 2017, the lead plaintiff initiated an appeal of the court's decision in the Ninth Circuit Court of Appeals. Following the lead plaintiff's routine request to extend filing deadlines, which the Court of Appeals approved, the lead plaintiff's opening appellate brief was filed on June 14, 2017. Identiv said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended June 30, 2017, that following Jason Hart's routine request to extend filing deadlines, which the Court of Appeals approved, the answering briefs of the Company and the other defendants were scheduled to be filed by August 14, 2017, and the lead plaintiff's optional reply brief was scheduled to be filed by 21 days from the date of service of the answering briefs. Identiv said in its Form 10-Q Report for the quarterly period ended September 30, 2017, that the answering briefs of the Company and the other defendants were filed on August 14; and the lead plaintiff's optional reply brief was filed on October 5. The Ninth Circuit Court of Appeals has not yet scheduled oral argument or entered a ruling on the lead plaintiff's appeal, according to the Company. Identiv is a global security technology company that secures and manages access to physical places, things and information. Global organizations in government, education, retail, transportation, healthcare and other markets rely upon our solutions. The company is based in Fremont, California. ILLINOIS: Murphy Seeks to Certify Class of Freed Prisoners ---------------------------------------------------------- The Plaintiffs move the Court for an order certifying that the case titled PAUL MURPHY, et al., individually and on behalf of all others similarly situated v. LISA MADIGAN, et al., Case No. 1:16-cv-11471 (N.D. Ill.), may be maintained as a class action on behalf of all individuals sentenced to serve "three-years-to- life" on Mandatory Supervised Release currently detained in the Illinois Department of Corrections, who have been approved for release on MSR by the Prison Review Board but have been denied release from IDOC custody because of their inability to obtain an approved host site. Lisa Murray Madigan has been the 41st Attorney General of the U.S. state of Illinois since 2003. The Plaintiffs further ask that the Court enter an order appointing their attorneys as class counsel. Paul Murphy, Stanley Meyer, J.D. Lindenmeyer and Jasen Gustafsen are all currently detained in the Illinois Department of Corrections despite their having completed their criminal sentences and having been granted release on mandatory supervise release, according to the Motion. The Plaintiffs contend that they face the prospect of indefinite detention in prison due to their inability to find a "host site" that will meet IDOC approval. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=A6XwHMMW The Plaintiffs are represented by: Adele D. Nicholas, Esq. LAW OFFICE OF ADELE D. NICHOLAS 5707 W. Goodman Street Chicago, IL 60630 Telephone: (847) 361-3869 Facsimile: (312) 528-7670 E-mail: adele@civilrightschicago.com - and - Mark G. Weinberg, Esq. LAW OFFICE OF MARK G. WEINBERG 3612 N. Tripp Ave. Chicago, IL 60641 Telephone: (773) 283-3913 INC RESEARCH: Faces "Bermudez" Suit Over Misleading Fin'l Reports ----------------------------------------------------------------- Elier Bermudez, individually and on behalf of all others similarly situated v. INC Research Holdings, Inc., Michael A. Bell, Alistair Macdonald, Michael Gibertini, and Gregory S. Rush, Case No. 1:17-cv-09457 (S.D.N.Y., December 1, 2017), is a class action on behalf of persons and entities that acquired INCR securities between May 10, 2017, and November 9, 2017, against the Defendants, seeking to pursue remedies under the Securities Exchange Act of 1934. On August 1, 2017, the Company announced that it completed a merger with inVentiv Health, Inc. The complaint alleges that the Defendants made materially false and misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants failed to disclose: (1) that the Merger was not providing the benefit that Defendants stated it would; (2) that inVentiv was underperforming; (3) that, as a result, the Company's 2017 financial performance would be negatively impacted; and (4) that, as a result of the foregoing, the Defendants' statements about INCR's business, operations, and prospects, were false and misleading and lacked a reasonable basis. INC Research Holdings, Inc. provides Phase I to Phase IV clinical development services to pharmaceutical, biotechnology and medical device companies. [BN] The Plaintiff is represented by: Lesley F. Portnoy, Esq. GLANCY PRONGAY & MURRAY LLP 230 Park Ave., Suite 530 New York, NY 10169 Telephone: (212) 682-5340 Facsimile: (212) 884-0988 E-mail: lportnoy@glancylaw.com - and - Lionel Z. Glancy, Esq. Robert V. Prongay, Esq. Charles H. Linehan, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: lglancy@glancylaw.com clinehan@glancylaw.com - and - Corey D. Holzer, Esq. Marshall P. Dees, Esq. HOLZER & HOLZER, LLC 1200 Ashwood Parkway, Suite 410 Atlanta, GA 30338 Telephone: (770) 392-0090 Facsimile: (770) 392-0029 E-mail: cholzer@holzerlaw.com mdees@holzerlaw.com INTERACTIVE BROKERS: Hauptman Sues Over Accounts Administration --------------------------------------------------------------- HEATHER HAUPTMAN, AND TIMOTHY MOSS, individually and on behalf of others similarly situated v. INTERACTIVE BROKERS, LLC, Case No. 1:17-cv-09382-GBD (S.D.N.Y., December 1, 2017), arises from the Defendant's alleged improper administration of the Plaintiffs' Portfolio Margin Accounts and the Portfolio Margin Accounts of all other similarly situated investors. "Portfolio margin" is a relatively new type of investment lending that employs a complex methodology for calculating margin requirements and generally allows for the use of higher leverage than standard "strategy-based" margin lending (commonly referred to as "Regulation T" margin lending), according to the complaint. With the potential for substantially greater leverage and the use of complex mathematical calculations to determine the margin requirements, however, the potential risk to the investor in a Portfolio Margin Account can also be substantially greater, the Plaintiffs assert. Interactive Brokers, LLC, is a Connecticut corporation with its headquarters and principal place of business in Greenwich, Connecticut. Interactive Brokers is the largest subsidiary of the publicly traded company Interactive Brokers Group, Inc. IB is an electronic-only broker-dealer and trading platform and is one of the largest such entities in the United States.[BN] The Plaintiffs are represented by: Frederic S. Fox, Esq. Donald R. Hall, Jr., Esq. KAPLAN FOX & KILSHEIMER LLP 850 Third Avenue, 14th Floor New York, NY 10022 Telephone: (212) 687-1980 Facsimile: (212) 687-7714 E-mail: ffox@kaplanfox.com dhall@kaplanfox.com - and - David Meyer, Esq. Matthew R. Wilson, Esq. Michael J. Boyle, Jr., Esq. MEYER WILSON CO., LPA 1320 Dublin Road, Suite 100 Columbus, OH 43215 Telephone: (614) 224-6000 Facsimile: (614) 224-6066 E-mail: dmeyer@meyerwilson.com mwilson@meyerwilson.com mboyle@meyerwilson.com - and - Samuel B. Edwards, Esq. David W. Miller, Esq. SHEPHERD, SMITH, EDWARDS & KANTAS, LLP 1010 Lamar, Suite 900 Houston, TX 77002 Telephone: (713) 227-2400 Facsimile: (713) 227-7215 E-mail: sedwards@sseklaw.com dmiller@sseklaw.com - and - Laurence D. King, Esq. Matthew B. George, Esq. KAPLAN FOX & KILSHEIMER LLP 350 Sansome St., Suite 400 San Francisco, CA 94104 Telephone: (415) 772-4700 Facsimile: (415) 772-4707 E-mail: lking@kaplanfox.com mgeorge@kaplanfox.com INVENTURE FOODS: Westmoreland Retirement Fund's Suit Underway ------------------------------------------------------------- Inventure Foods, Inc. continues to defend against a class action lawsuit by the Westmoreland County Employee Retirement Fund. On April 4, 2016, a purported class action captioned Westmoreland County Employee Retirement Fund ("Westmoreland") v. Inventure Foods, Inc. et al., Case No. CV2016-002718, was filed in the Superior Court in Maricopa County, Arizona. Additional defendants are the Company's Chief Executive Officer and Chief Financial Officer, and the underwriters of the secondary securities offering that closed September 14, 2014 (the "September 2014 Offering"). The class action complaint, which was amended a second time on March 27, 2017, alleges violations of Sections 11, 12(a)(2) and 15 of the Securities Act and focuses on the conditions at the Company's former frozen food facility in Jefferson, Georgia. Westmoreland seeks certification as a class action, unspecified compensatory damages, rescission or a rescissory measure of damages, attorneys' fees and costs, and other relief deemed appropriate by the court. The Company, its Chief Executive Officer, its Chief Financial Officer and the September 2014 Offering underwriters have answered and moved to dismiss the second amended complaint. Inventure Foods said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended June 30, 2017, that on August 8, 2017, the court granted in part and denied in part the motion to dismiss, which was converted to a motion for judgment on the pleadings. Inventure Foods said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended September 30, 2017, that the parties participated in a mediation on August 24, 2017, and continue to work with the mediator in an effort to explore possible settlement of the dispute. A second case management conference was held with the court telephonically on October 17, 2017, at which time the Company, its Chief Executive Officer, and its Chief Financial Officer informed the court of their plan, if settlement is not reached, to file a motion to stay the action pending the U.S. Supreme Court's decision in Cyan, Inc. v. Beaver County Retirement Fund, U.S. Supreme Court No. 15-1439. This Supreme Court ruling will resolve a split among lower courts as to the appropriate subject matter jurisdiction and removability of cases asserting the Securities Act claims at issue in this lawsuit. The court ordered defendants to file the motion to stay no later than October 30, 2017. Plaintiffs' response was due November 13, 2017, and oral argument was set to be held on November 17, 2017. The Company intends to vigorously defend against the claims. Inventure Foods, Inc. is a marketer and manufacturer of healthy/natural and indulgent specialty snack food brands. Its products are marketed under a strong portfolio of brands, including Boulder Canyon(R), Rader Farms, Willamette Valley Fruit CompanyTM, T.G.I. Friday's(R), Jamba(R), Vidalia(R), Poore Brothers(R), Nathan's Famous(R), Bob's Texas Style(R), Tato Skins(R) and Sin In A TinTM. T.G.I. Friday's(R), Jamba(R), Nathan's Famous(R) and Vidalia(R) are licensed brand names. The company complements their branded product retail sales with private label retail sales and co-packing arrangements. INVENTURE FOODS: Accord Underway in "Blair" Suit ------------------------------------------------ A Confidential Settlement Agreement and Release has been reached in the class action lawsuit by Michelle Blair, Inventure Foods, Inc. said in a regulatory filing with the Securities and Exchange Commission. In November 14, 2016, Michelle Blair (represented by Matthew Armstrong of Armstrong Law Firm LLC and Stuart Cochran of Cochran Law PLLC) filed a putative class action against the Company in St. Louis City Circuit Court. Ms. Blair purports to represent a class of consumers who purchased one of nine Boulder Canyon(R) brand products listing "evaporated cane juice" as an ingredient. Ms. Blair contends that the use of "evaporated cane juice" was misleading because evaporated cane juice is sugar. In the complaint, Ms. Blair advances claims for violation of Missouri's Merchandising Practices Act, Mo. Rev. Stat. Section 407.020, et seq. and 15 C.S.R. 60-8.020, et seq., and unjust enrichment. On February 3, 2017, the Company removed the action to the Eastern District of Missouri. Plaintiff dismissed the removed action without prejudice and refiled a substantially similar complaint in the Southern District of Illinois. The new complaint is brought by Ms. Blair and a new plaintiff, Shannah Burton, and asserts a nationwide putative class, as well as a putative class of Illinois and Missouri purchasers. Ms. Burton alleges claims under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. Ann. 505/2, et seq. Both plaintiffs also assert claims for unjust enrichment and breach of express warranty. Inventure Foods said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended June 30, 2017, that on April 24, 2017, the Company filed a motion to dismiss the complaint. Inventure Foods said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended September 30, 2017, that on October 17, the parties entered into a Confidential Settlement Agreement and Release, pursuant to which the plaintiffs will move to dismiss their complaint with prejudice. Inventure Foods, Inc. is a marketer and manufacturer of healthy/natural and indulgent specialty snack food brands. Its products are marketed under a strong portfolio of brands, including Boulder Canyon(R), Rader Farms, Willamette Valley Fruit CompanyTM, T.G.I. Friday's(R), Jamba(R), Vidalia(R), Poore Brothers(R), Nathan's Famous(R), Bob's Texas Style(R), Tato Skins(R) and Sin In A TinTM. T.G.I. Friday's(R), Jamba(R), Nathan's Famous(R) and Vidalia(R) are licensed brand names. The company complements their branded product retail sales with private label retail sales and co-packing arrangements. INVENTURE FOODS: Consolidated Securities Suit Dismissed ------------------------------------------------------- Inventure Foods, Inc. said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended June 30, 2017, that a consolidated securities class action lawsuit against the company has been dismissed upon the parties' agreement. On March 27, 2017, a putative securities class action was filed by Glenn Schoenfeld in the U.S. District Court for the District of Arizona, Case No. 2:17-cv-00910, against the Company, its Chief Executive Officer, and its Chief Financial Officer (the "Schoenfeld Lawsuit"). On April 27, 2017, John Robinson filed a putative securities class action in the U.S. District Court for the District of Arizona, Case No. 2:17-cv-01258, against the Company, its Chief Executive Officer, and its Chief Financial Officer (the "Robinson Lawsuit"). On June 23, 2017, the court consolidated the Robinson Lawsuit with the Schoenfeld Lawsuit, and the caption was changed to In re Inventure Foods, Inc. Securities Litigation, Case No. 2:17-cv- 0910. On June 27, 2017, the court appointed lead plaintiffs and lead counsel. Inventure Foods said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended June 30, 2017, that lead plaintiffs' consolidated amended complaint was due August 26, 2017. The original complaints in the Schoenfeld Lawsuit and Robinson Lawsuit were purportedly filed on behalf of all persons and entities that acquired the Company's securities between March 3, 2016 and March 16, 2017, and asserted claims for alleged violation of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder, and focused on the Company's internal controls over accounting and financial reporting, its statements of operations for fiscal year 2015, and public statements in press releases and SEC filings between March 3, 2016 and March 16, 2017. Mr. Schoenfeld sought certification as a class action, unspecified compensatory damages, attorneys' fees, costs and expenses incurred in the action, and other relief deemed appropriate by the court. Mr. Robinson sought certification as a class action, unspecified damages, prejudgment and post-judgment interest, reasonable attorneys' fees, expert fees and other costs, and such other and further relief as the court may deem just and proper. Inventure Foods said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended September 30, 2017, that in lieu of lead plaintiffs filing their consolidated amended complaint, on August 28, 2017, the parties jointly filed a stipulated motion for dismissal of the entire consolidated action with the Company, its Chief Executive Officer and its Chief Financial Officer, agreeing not to pursue any claims for attorneys' fees and costs against lead plaintiffs in exchange for lead plaintiffs' dismissing their claims with prejudice. The original plaintiffs in the Schoenfeld Lawsuit and Robinson Lawsuit did not oppose dismissal of the entire consolidated action. On September 13, 2017, the court granted the parties' stipulated motion for dismissal and entered an order dismissing the entire consolidated case with prejudice as to lead plaintiffs, but without prejudice as to all other putative class members. Inventure Foods, Inc. is a marketer and manufacturer of healthy/natural and indulgent specialty snack food brands. Its products are marketed under a strong portfolio of brands, including Boulder Canyon(R), Rader Farms, Willamette Valley Fruit CompanyTM, T.G.I. Friday's(R), Jamba(R), Vidalia(R), Poore Brothers(R), Nathan's Famous(R), Bob's Texas Style(R), Tato Skins(R) and Sin In A TinTM. T.G.I. Friday's(R), Jamba(R), Nathan's Famous(R) and Vidalia(R) are licensed brand names. The company complements their branded product retail sales with private label retail sales and co-packing arrangements. JIM FISCHER: Laughlin Moves for Certification of Workers Class -------------------------------------------------------------- The Plaintiffs in the lawsuit styled Joshua Laughlin, Greg Scotto Jr. On behalf of Themselves and all others similarly situated v. Jim Fischer Inc., Case No. 1:16-cv-01342-WCG (E.D. Wisc.), move for class certification. The Plaintiffs move the Court to certify them as the representatives of a class defined as: All hourly employees of Jim Fischer Inc., who performed work for Jim Fischer Inc. on a jobsite on or after October 6, 2014, excluding owners. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=Q71FEp9z The Plaintiffs are represented by: Yingtao Ho, Esq. THE PREVIANT LAW FIRM, S.C. 310 W. Wisconsin Avenue, Suite 100MW Milwaukee, WI 53203 Telephone: (414) 271-4500 Facsimile: (414) 271-6308 E-mail: yh@previant.com KINGSLEY CONSTRUCTORS: "Deweese" Suit Seeks to Recover Unpaid OT ---------------------------------------------------------------- Kyle Deweese, individually and on behalf of all others similarly situated v. Kingsley Constructors, Inc., Case No. 5:17-cv-01221 (W.D. Tex., November 30, 2017), seeks to recover unpaid overtime compensation, liquidated damages, attorneys' fees and costs under the Fair Labor Standards Act. Based in Asherton, Texas, Kingsley Constructors, Inc. provides construction services for clients throughout the State of Texas and New Mexico. [BN] The Plaintiff is represented by: Clif Alexander, Esq. Lauren E. Braddy, Esq. ANDERSON2X, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 E-mail: clif@a2xlaw.com lauren@a2xlaw.com KNOLOGY INC: Carlton Fields Attorneys Defeat Shareholder Case ------------------------------------------------------------- ALM reports that the Miami attorneys represented Knology Inc. before the Georgia Supreme Court, which refused to hear an attempt to unwind the company's $1.5 billion merger with WideOpenWest Finance LLC following shareholder approval. A proposed nationwide class of Knology shareholders claimed the company and directors breached their fiduciary duties to shareholders, offered misrepresentations in proxy statements about the merger and secured an uninformed vote that resulted in an inadequate payout to shareholders in 2012. The class action litigation was launched in Delaware and dismissed. A new case was filed in Troup County, Georgia, Superior Court. When deposed in 2014, class representative Shelia Lewis testified she thought her lawsuit was still pending in Delaware, she had never heard of Georgia counsel or his firm, and she thought her claims were based on her failure to be paid for her shares rather than merger disclosures. The Georgia trial court denied class certification, rejecting Lewis as a class representative on typicality and adequacy grounds. An appellate court upheld decisions rejecting the class and found no abuse of discretion. A request for en banc by the Georgia Court of Appeals produced a 5-4 opinion affirming the trial court in March. The Georgia Supreme Court rejected a request for discretionary review in September. The Carlton Fields legal team, including Miami shareholders Bruce Berman -- bberman@carltonfields.com -- and Julianna McCabe -- jtmccabe@carltonfields.com -- Miami associate Stephanie Fichera - - sfichera@carltonfields.com -- and Tampa associate Scott Feather -- sfeather@carltonfields.com -- handled the case from inception to resolution. It's common for acquisition announcements involving public corporations to trigger class action lawsuits alleging company directors agreed to sell for a deflated price. The Knology case can be used as a precedent by the defense against similar shareholder class actions. [GN] KOBE STEEL: Loses JIS Certifications, Faces Lawsuits in Canada -------------------------------------------------------------- Reuters reports that Kobe Steel Ltd. said on December 8 it has been hit with lawsuits over its data tampering scandal and has had two more badges of industrial quality removed, the latest setbacks for the Japanese steelmaker as it seeks to restore its reputation. The class-action lawsuits lodged in courts in Canada are the first legal actions against the company since it announced the cheating in October, while the removal of Japanese Industrial Standards (JIS) certifications may cost it customers. Four individuals in Canada who bought cars that use the company's products filed lawsuits seeking unspecified damages against Kobe and subsidiaries at the Supreme Court of British Columbia and the Ontario Superior Court of Justice, Japan's third-largest steelmaker said. Three residents of British Columbia and one person residing in Ontario filed the claims that allege they were overcharged for the vehicles and suffered economic losses as a result of the scandal, Kobe Steel said. Proceedings have not started. "We anticipate that in the future similar lawsuits will be filed against the Kobe Group or the other affiliated group companies," the company said. Kobe Steel said it cannot estimate how much the lawsuits will cost or fully calculate the potential financial impact of the scandal. It earlier withdrew a forecast for its first full-year profit in three years. Kobe is also being investigated by the U.S. Department of Justice, and some of its customers have said they will seek to recoup costs from making checks and replacing parts that did not meet specifications. The steelmaker supplies metal to manufacturers of cars, planes, trains and other products across the world. It has said that more than 500 of its customers have received products with falsified specifications on strength and durability, in one of Japan's biggest industrial scandals. No safety issues have been identified so far. Kobe Steel also said on December 8 that no products have required recall. Kobe Steel's Shinko Metal Products unit has had its JIS certifications revoked for copper and copper alloy seamless pipes because of quality management issues at the plant, the company said on December 8. JIS certifications were also suspended at its Moka aluminium and aluminium alloy plant north of Tokyo. The company said it had JIS certifications suspended at its aluminium extrusion plant in Chofu and revoked at its Hatano plant. The removal of the quality badges means Kobe may not be able to sell some of its products to customers. Kobe Steel said that despite losing the JIS certification, it can supply products that are equivalent to the standards in quality if customers accept them. The company said it would aim to regain JIS certification at those plants in the future. The company's shares, which have fallen by nearly a quarter since the scandal broke, rose 0.2 percent on December 8. [GN] KUSHNER COS: Media Wants Md. Apartment Partners' Names Unsealed --------------------------------------------------------------- Statesman reports that news outlets including The Associated Press filed a motion in federal court December 8 arguing that a document containing the names of investors in some Kushner Cos. apartment buildings in Maryland should be unsealed and available to the media. The Kushner Cos. has argued that the privacy rights of its partners in its Maryland buildings outweigh the public interest in the disclosure, saying the media's "politically-motivated" coverage of the case puts those rights -- and the partners' reputations -- at risk. President Donald Trump's son-in law, Jared Kushner, was CEO of the company before becoming an adviser to the president earlier this year. The case before U.S. district court in Maryland was brought by tenants alleging a Kushner Cos. subsidiary called Westminster Management charges excessive and illegal rent. The lawsuit seeks class action status for tenants in the 17 apartment complexes owned by the company in the state. The Kushner Cos. has said it has broken no laws and denies the charges. In its motion on December 8, media outlets argued the press has a "presumptive right" to see court documents, and that the Kushner Cos. has not raised a "compelling government interest" that the law says is needed to block access. The AP joined ProPublica, The Washington Post, The Baltimore Sun and Baltimore TV station WMAR-TV in filing the brief. Properties owned by the Kushner family have come under scrutiny since Trump became president because of the potential conflict between the family's financial interests and the pursuit of the public good in government policy. Ethics lawyers and good- government groups have argued that policy could be shaped in favor of not just Kushner Cos. itself, but its partners and lenders. Jared Kushner has filed financial disclosure documents with government ethics officials who oversee potential conflicts of interest, but the disclosures do not detail many of the partners who invest alongside his family company. In a court filing, the Kushner Cos. blasted the media for "unfair sensationalism" in stories about the Maryland case. It said additional coverage triggered by disclosures of its partners' names would hurt the company's ability to get an impartial decision from the court. The Kushner Cos. also said disclosure of its partners' identities also would trample on their right to remain private. "Given the tenor of the media's reporting of this case, including politically-motivated innuendo no doubt intended to disparage the First Family, there is foreseeable risk of prejudice to the privacy rights and reputations of innocent private investors," lawyers for the Kushner Cos. wrote in its filing. The news outlets wrote in their brief that the Kushner Cos. complaints about the media coverage actually undermine its arguments, suggesting there is "significant public interest" in the case, and therefore public scrutiny shouldn't be limited. Though the Kushner Cos. is known for its New York City buildings, it first struck success with multi-family apartments in suburban communities before venturing into Manhattan a decade ago with a disastrous $1.8 billion purchase of 666 Fifth Avenue, a famed skyscraper that ended up losing money for years. The Kushner Cos. and a giant Chinese insurer considering a big investment in the Fifth Avenue office building broke off talks following intense media scrutiny of any possible deal. The insurer has close ties to the ruling Communist party. Critics said that any investment from the insurer could be used as leverage in the White House. A financial disclosure report released in July said Jared Kushner still owns a stake in Westminster Management, the Kushner subsidiary named in the Maryland case. The report showed he received $1.6 million in income from Westminster. [GN] LLR INC: Certification of 11 Classes Sought in "Webster" Suit ------------------------------------------------------------- The Plaintiffs in the lawsuit entitled RACHAEL WEBSTER, LAUREN PORSCH, HOLLY LEDERER, SARA GATES, DONNA NEWMAN, CHRISTINE PROKOP, LORRAINE SNODGRASS, ALISON WHITEHEAD, MELISSA HILL, MAUREEN MCGUINNESS, and AMANDA CLOSE, individually and on behalf of all others similarly situated v. LLR, INC., d/b/a LuLaRoe, Case No. 2:17-cv-00225-DSC (W.D. Pa.), asks the Court to certify these classes: * Pennsylvania Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into Pennsylvania. * New York Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into New York. * Minnesota Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into Minnesota. * New Hampshire Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into New Hampshire. * Delaware Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into Delaware. * Alaska Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into Alaska. * Oregon Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into Oregon. * Montana Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into Montana. * New Jersey Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into New Jersey. * Massachusetts Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into Massachusetts. * Vermont Class: All persons who were assessed tax on clothing purchases processed through Audrey, and whose purchases were or will be delivered into Vermont. Excluded from the classes are Defendant, as well as its past and present officers, employees, agents or affiliates, any judge who presides over this action, and any attorneys who enter their appearance in this action. Also excluded from the Alaska and New York classes are any persons who live in a locality where the locality assesses a use tax on the clothing that LuLaRoe sells. The Plaintiffs seek to certify these classes under each class's state's respective laws. The Plaintiffs ask that the named Plaintiffs for Delaware, Massachusetts, Minnesota, Montana, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, and Vermont be appointed as representatives of their respective class. The Plaintiffs also ask that Katie Van be appointed as representative of the Alaska class, and that R. Bruce Carlson, Esq., and Kevin W. Tucker, Esq., of the law firm Carlson Lynch Sweet Kilpela & Carpenter, LLP, and Kelly K. Iverson, Esq., of the law firm Cohen & Grigsby, P.C., be appointed as co-lead class counsel. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=D07k8XNj The Plaintiffs are represented by: R. Bruce Carlson, Esq. Gary F. Lynch, Esq. Kevin Abramowicz, Esq. Kevin W. Tucker, Esq. CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 Facsimile: (412) 231-0246 E-mail: bcarlson@carlsonlynch.com glynch@carlsonlynch.com kabramowicz@carlsonlynch.com ktucker@carlsonlynch.com - and - Kelly K. Iverson, Esq. Alex Lacey, Esq. COHEN & GRIGSBY, P.C. 625 Liberty Avenue Pittsburgh, PA 15222 Telephone: (412) 297-4838 E-mail: kiverson@cohenlaw.com alacey@cohenlaw.com LULAROE CO: Customers File Class Action Over State Sales Taxes -------------------------------------------------------------- David Mikkelson, writing for Snopes, reports that at the end of 2017, customers of the LuLaRoe women's clothing retailer receiving messages via email informing them that they would be receiving refunds on purchases made before 1 June 2017 to compensate them for overpayment of state sales taxes. Those messages were an outgrowth of a federal lawsuit filed in early 2017 by a LuLaRoe customer who maintained that she had improperly been charged state sales taxes for LuLaRoe purchases because the company was reckoning sales taxes based on the location of the LuLaRoe consultant involved in the transaction, rather than on the location of the customer: Fashion company LuLaRoe has been hit with a federal lawsuit related to the collection of sales tax. The LuLaRoe brand isn't a traditional retailer. The company markets its knitwear, including dresses -- and those famous leggings -- using a mix of direct sales and multi-level marketing. Individual consultants get a piece of the profits (from selling inventory) as well as incentives for signing up new consultants. It's vaguely reminiscent of Tupperware marketing -- only product parties are typically conducted online via Facebook. The online marketing allows for a great deal of expansion but apparently also leads to confusion. According to a lawsuit filed in the U.S. District Court for Western Pennsylvania, LuLaRoe requires its consultants to process sales through a proprietary, online point-of-sale payment platform, called "Audrey." The lawsuit alleges that the system automatically charges customers sales tax based on the location of the consultant and not the location of the customer. The plaintiff in the case is Rachael Webster of Allegheny County, Pennsylvania. Ms. Webster was charged $35.16 for sales tax on approximately one dozen LuLaRoe purchases she made in 2016. The kicker? Pennsylvania doesn't charge sales tax on clothing. That means, according to the plaintiff, she was overcharged. According to the lawsuit, those overcharges are not paid to the appropriate tax authorities. By the end of 2017, LuLaRoe was facing an expansion of that complaint into a class action lawsuit involving multiple consumers in eleven different states: Customers accusing multilevel marketing fashion retailer LuLaRoe of overcharging them $8.3 million by calculating sales tax based on the location of sellers rather than consumers asked a Pennsylvania federal judge to grant them class status. The customers asked U.S. District Judge David S. Cercone to certify 11 proposed classes based on states of residence. Clothing sales are not taxable in all of the states, they said. How much LuLaRoe customers might stand to receive varies from person to person, of course. LulaRoe said that a separate "Your LulaRoe Sales Tax Refund Payment" email from Checkbook would be sent to consumers within a week of the original notification and would walk them through the process of receiving their refunds. Consumers who believe they may be eligible for refunds should check the email addresses they used when making LuLaRoe purchases or contact salestaxrefund@lularoe.com for more information. [GN] LUNDIN MINING: Strosberg Sasso Files Securities Class Action ------------------------------------------------------------ Strosberg Sasso Sutts LLP and Groia and Company Professional Corporation disclosed that a proposed class action has been commenced against Lundin Mining Corporation ("Lundin") (TSX: LUN) and some of the company's officers and directors. The proposed class action has been filed in the Ontario Superior Court of Justice on behalf of all persons, excluding certain persons associated with the defendants, who purchased or otherwise acquired securities of Lundin during the period from October 25, 2017 to November 29, 2017. The plaintiff alleges that the defendants failed to disclose the instability, evacuation and subsequent rock slide at the company's Calendaria mine. Once this information was revealed, the price of Lundin securities dropped significantly, causing substantial damages to holders of Lundin securities. The plaintiff seeks $175 million in damages for negligent misrepresentation and liability for secondary market disclosure pursuant to Ontario's Securities Act. Securities holders wishing to obtain more information can visit https://www.strosbergco.com/class-actions/lundin/. If you would like to speak to someone about this lawsuit, please contact Jay Strosberg of Strosberg Sasso Sutts LLP at jay@strosbergco.com or 1-519-561-6296. Strosberg Sasso Sutts LLP is one of Canada's preeminent boutique litigation law firms. The firm has recovered more than $2 billion for its clients. Jay Strosberg, Esq. Strosberg Sasso Sutts LLP Tel: 519-561-6296 Email: jay@strosbergco.com [GN] MARU RESTAURANT: Faces "Daoust" Suit Over Failure to Pay OT ----------------------------------------------------------- Kelsey Daoust, on behalf of herself and those similarly-situated v. Maru Restaurant, LLC, Maru Detroit, LLC, Maru East Lansing, LLC, Maru Grand Rapids, LLC, Maru Kalamazoo, LLC, Maru Midland, LLC and Maru Hospitality, LLC, and Robert Song, Case No. 2:17-cv- 13879-TGB-APP (E.D. Mich., November 30, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants own and operate the Maru Restaurants, located in Detroit, Kalamazoo, Midland, East Lansing, Okemos, and Grand Rapids Michigan. [BN] The Plaintiff is represented by: Michael N. Hanna, Esq. Andrew R. Frisch, Esq. MORGAN & MORGAN, P.A. 600 N. Pine Island Road, Suite 400 Plantation, FL 33324 Telephone: (954) WORKERS Facsimile: (954) 327-3015 E-mail: mhanna@forthepeople.com afrisch@forthepeople.com MASONITE INTERNATIONAL: Final OK of Amended Deal Expected in Q2 --------------------------------------------------------------- Masonite International Corporation said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended July 2, 2017, that the parties in a class action lawsuit have entered into a Joint Stipulation of Class Action and PAGA Settlement and Release. Masonite said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended October 1, 2017, that the Settlement was amended on October 26, 2017. The Company disclosed, "In November 2015, Derrick Byrd, a former hourly employee in California, filed a putative class action lawsuit against us in California Superior Court alleging violations of California wage and hour laws with respect to meal periods and rest breaks and other technical wage and hour issues. In January 2016, we removed the lawsuit to the United States District Court for the Central District of California and on February 25, 2016, the court dismissed the complaint in its entirety. On March 18, 2016, the plaintiff filed an amended complaint, which we moved to dismiss, and we moved to strike several of the plaintiff's causes of action. On July 7, 2016, the court dismissed several of the plaintiff's causes of action and gave the plaintiff leave to amend. On July 29, 2016, the plaintiff filed a second amended complaint containing a narrower version of nine of the eleven original claims. We answered this amended complaint on August 12, 2016, and amended our answer on September 14, 2016. On November 28, 2016, the plaintiff filed a third amended complaint to add an additional individual as a plaintiff." "On December 19, 2016, we answered this amended complaint. The plaintiffs continued to allege violations with respect to overtime pay, meal periods, rest breaks, minimum wage, timely pay, wage statement detail and reimbursement of business expenses and sought damages, penalties, attorney's fees and an award under the California Private Attorney General Act ("PAGA"). On August 2, 2017, the parties entered into a Joint Stipulation of Class Action and PAGA Settlement and Release (the "Settlement")." The Company added, "In entering into the Settlement, we denied all claims made in the lawsuit and denied any wrongdoing. The Settlement is subject to both preliminary and final court approval, which is expected to occur prior to the end of the second quarter of 2018. Pursuant to the Settlement, payment of the settlement amount would occur after final court approval. The amount we have agreed to pay as part of the Settlement has not had and is not expected to have a material impact on our financial condition or operating results." Masonite International Corporation is a global designer, manufacturer and distributor of interior and exterior doors for the new construction and repair, renovation and remodeling sectors of the residential and the non-residential building construction markets. MEGGITT-USA SERVICES: Cert. Bid Denied; Amended Accord Due Feb. 5 ----------------------------------------------------------------- The Hon. Otis D. Wright, II, entered an order in the lawsuit titled BROOK TROUT, on behalf of himself and all others similarly situated v. MEGGITT-USA SERVICES, INC., Case No. 2:16-cv-07520- ODW-AJW (C.D. Cal.), (1) denying the Plaintiff's motion for Class Certification pursuant to Rule 23 of the Federal Rules of Civil Procedure; (2) granting the Plaintiff's motion for FLSA Collective Action Conditional Certification; and (3) denying without prejudice the Plaintiff's motion for preliminary approval of FLSA Collective Action Settlement. Judge Wright also orders the parties to file an amended motion for approval of collective action settlement, addressing the issues discussed in the Order by February 5, 2018. The lawsuit is a hybrid class action/collective action for failure to pay overtime wages. For several years, Meggitt incorrectly classified certain employees as "exempt" from overtime under the Fair Labor Standards Act and under California Labor Code, according to the Order. The Parties separately settled the class action and collective action claims separately. Meggitt has agreed to pay the following amounts to settle both types of claims, including fees and costs to class counsel: Collective Action Class Action ----------------------- ----------------------- Total Payment: $850,000 Total Payment: $260,000 ----------------------- ----------------------- Reduction Amount Reduction Amount --------- ------ --------- ------ Attorney's Fees $277,200 Attorney's Fees $85,800 (33%) (33%) Attorney's Costs $7,500 Attorney's Costs $2,500 Incentive Award $7,500 Incentive Award $2,500 Administrative Fee $7,500 Administrative Fee $2,500 Taxes Approx. 30% Taxes Approx. 30% ----------- ----------- Net Payment $550,300 Net Payment $166,700 (before taxes) (before taxes) A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=ucUFfYPJ MERIDIAN BIOSCIENCE: Vincent Wong Files Securities Class Action --------------------------------------------------------------- The Law Offices of Vincent Wong disclosed that a class action lawsuit has been commenced in the United States District Court for the Southern District of Ohio on behalf of investors who purchased Meridian Bioscience, Inc. securities between March 25, 2016 and July 13, 2017. Click here to learn about the case: http://www.wongesq.com/pslra- sbm/meridian-bioscience-inc?wire=2. There is no cost or obligation to you. The complaint alleges that throughout the class period Defendants issued materially false and/or misleading statements and/or failed to disclose that: (i) Defendant's lead tests provide inaccurate results; and (ii) as a result of the foregoing, the Company's public statements were materially false and misleading at all relevant times. If you suffered a loss in Meridian 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. To obtain additional information, contact Vincent Wong, Esq. either via email vw@wongesq.com, by telephone at 212.425.1140, or visit http://www.wongesq.com/pslra- sbm/meridian-bioscience-inc?wire=2. Vincent Wong, Esq. is an experienced attorney that has represented investors in securities litigations involving financial fraud and violations of shareholder rights. Vincent Wong, Esq. The Law Offices of Vincent Wong Tel: 212-425-1140 Fax. 866-699-3880 Email: vw@wongesq.com [GN] MICROSOFT CORP: Overwhelmingly Underpays Women, Class Action Says ----------------------------------------------------------------- April Glaser, writing for Slate, reports that Microsoft has been embroiled in a gender pay gap lawsuit for the past two years, fighting allegations that female technical employees at the company are systematically paid less than men and receive fewer opportunities for professional advancement than equally qualified male counterparts. The plaintiffs filed to make the lawsuit a class action at the end of October and recently released two reports that detail pervasive gender-based discrimination at the $649 billion tech company. One, by Henry Farber, an economics professor at Princeton, analyzed data on more than 16,000 employees' compensation, age, tenure, geographic location, performance ratings, and other factors between 2010 and 2016. Faber found that women in technical roles in low- to mid-level positions at Microsoft "receive lower compensation on average, than otherwise- similar men, and this difference in pay is statically significant." Moreover, the report finds that women in mid-level jobs at Microsoft have a statistically significant lower probability of getting promoted. The other study filed in the case, conducted by Ann Marie Ryan, a psychology professor at Michigan State University, found that Microsoft "does not provide clear, job-related guidance as to how to distinguish levels within a career stage for compensation decisions," which opens doors for managers to make subjective, and potentially sexist, decisions about career advancement. The discrimination lawsuit against Microsoft was originally filed in 2015 by Katie Moussouris, a noted computer security researcher who worked for Microsoft for seven years and who is known for her work launching Microsoft's first bug bounty program in 2013. The discrimination lawsuit against Microsoft was filed months after Ellen Pao lost her lawsuit against her former employer, the storied venture capital firm Kleiner Perkins Caufield and Byers, alleging Pao was passed over for a senior-level promotion due to her gender. In a statement to BuzzFeed, Microsoft says that after reviewing the claims, they "strongly disagree with the contentions in the case because data and other information is mischaracterized. We are defending the case in court." Microsoft isn't the only large tech company struggling with a serious gender discrimination lawsuit. Three former female employees at Google filed a lawsuit in September claiming the company "engaged in systemic and pervasive pay and promotion discrimination." On December 6, a judge denied them class action status on behalf of women who worked at Google for the past four years, but the plaintiffs plan to press again and file a new, amended complaint. The lawsuit points to an investigation by the U.S. Department of Labor, which in April accused Google of systematically underpaying female employees across its entire workforce. The Labor Department also sued Oracle in January for paying white men more than others with the same job title. And in February, Tesla was sued by a female engineer, AJ Vandermeyden, who accused the company of fostering a culture of "pervasive harassment," paying men more for the same work, and retaliating against her for speaking out. Vandermeyden described how female employees were sexually harassed and even catcalled on the factory floor. The stretch of the West Coast between Cupertino, California, and Seattle is home to five of the most valuable companies in the world -- companies that, despite their billions in cash and cadre of brilliant engineers and executives, can't seem to figure out how to hire or treat women respectfully or equally. In 2016, Microsoft reported women make up 26 percent of its technical staff, but in 2017 that number has dropped to 19 percent. Google counted that women make up 18 percent of its tech employees in 2015, and now, two years later that dial has only moved up two percentage points. Likewise, Apple's technical staff was 20 percent female in 2014 and in 2017 that number has notched to 23 percent. Only in recent years, after women started speaking out, did these companies truly start to take a hard look at trying to fix their massive gender imbalances. But their efforts might be a case of too little, too late -- an issue I discussed recently with Pao. "When you start your company and you haven't thought about these issues and you have set it up a certain way," she told me, "it ends up becoming extremely difficult to change." [GN] MISSOURI: Court Refuses to Certify Gasca's Class of Parolees ------------------------------------------------------------ The Hon. Stephen R. Bough denied without prejudice the Plaintiffs' motion to certify class submitted in the lawsuit entitled STEPHANIE GASCA, et al. v. ANNE PRECYTHE, Director of the Missouri, Department of Corrections, et al., Case No. 2:17- cv-04149-SRB (W.D. Mo.). The lawsuit challenges the parole revocation policies and procedures of the Missouri Department of Correction and its Division of Probation and Parole. The Plaintiffs allege the revocation policies and procedures violate their rights "under the Due Process Clause of the Fourteenth Amendment by failing to consider whether parolees qualify for the appointment of free counsel as required by Gagnon v. Scarpelli, 411 U.S. 778 (1973). The Plaintiffs seek certification of a class of: "all adult parolees in the state of Missouri who currently face, or who in the future will face, parole revocation proceedings." Because of certain evidentiary deficiencies above, the Plaintiffs have not affirmatively established that their claims arise from the same event or course of conduct as the proposed class members, Judge Bough opines. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=gDnhJDKs MONARCH RECOVERY: Wins Prelim. OK of "Hartman" Suit Settlement -------------------------------------------------------------- The Hon. Cathy Bissoon grants preliminary approval to the Class Action Settlement Agreement entered by the parties in the lawsuit entitled MELISSA HARTMAN, on behalf of herself and all others similarly situated v. MONARCH RECOVERY MANAGEMENT, INC., and DOES 1-25, Case No. 2:15-cv-01364-CB (W.D. Pa.). For settlement purposes only, this class is certified: All Pennsylvania consumers who were sent collection letters from Defendant in an attempt to collect an obligation owed to Synchrony Bank, similar to the Collection Letter annexed to the complaint as Exhibit A, where Monarch's File Number was visible through the lower glassine window of the enclosing envelope, during the time period spanning October 20, 2014 to the present. Plaintiff Melissa Hartman is preliminarily appointed as the Class Representative for the Class Members and the law firm of Marcus and Zelman, LLC, and Mark G. Moynihan, Esq., are preliminarily appointed as counsel for the Class Members. The Court approves the form and substance of the notice of proposed class action settlement. Any Class Member, who desires to be excluded from the class must send a written request for exclusion to Angeion Group with a postmark date no later than February 20, 2018. Any Class Member, who intends to object to the fairness of the settlement must file a written objection with the Clerk of this Court with a postmark date no later than February 20, 2018. The Court will conduct a Final Fairness Hearing on April 17, 2018, at 11:00 a.m. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=2NIVAnnE NFL: Concussion Crisis Hits Helmet Manufacturers ------------------------------------------------ Josh Kosman, writing for New York Post, reports that the NFL concussion crisis has hit the league's helmet makers where it hurts: in the wallet. Riddell, a leading manufacturer of football helmets for the past 85 years, has been struggling without success to sell itself in recent months despite its market dominance, sources told The Post. Ditto for No. 2 Schutt Sports, which recently canceled an auction of the company that makes helmets for NFL stars like Cam Newton and Julio Jones. One big obstacle is Leonard Marshall, the former New York Giants great who is leading a class-action suit on behalf of 4,500 former NFL players against Riddell, alleging the company until 2002 had not properly informed players about the risks of concussions despite knowing better. The legendary lineman says he got a call in July from possible suitors, who offered him cash and an equity stake in the company in exchange for dropping his suit. "I've spoken to people interested in purchasing Riddell and they have asked me to set aside my claim," Mr. Marshall told The Post. "I am not going to drop my lawsuit because I am part of a much bigger picture," said Marshall, who is most famous for his brutal 1991 hit that knocked Joe Montana out of the 1991 NFC championship game. "I feel like there are too many bodies in this for me to withdraw and relieve them of liability," he said. Mr. Marshall's lawyer Jason Luckasevic, originator of the NFL concussion lawsuit, declined to name the prospective bidder for Riddell, although he revealed it was a firm that primarily manufactures equipment for other sports. Mr. Luckasevic said he isn't worried that BRG Sports, the privately owned parent company of Riddell, will go bankrupt if his clients win their suit. "Riddell has insurance that should cover litigation," even if it ends up being $500 million, he said. Still, insiders say the legal battle is a major cloud hanging over the helmet makers' future, even as the NFL's own liabilities are expected to cross the $1 billion mark. The federal case against Riddell in Philadelphia is ongoing, and plaintiffs are angling to move it to California in search of a bigger judgment. Discovery in the suit is expected to begin next year. "Take away concussions and these helmet makers would be much more valuable," said a source who considered buying one of the businesses. Private equity firm Fenway Partners, whose previous investments have included diamond seller Harry Winston, bought Riddell in 2004. It now owns Riddell through BRG, which in recent years has sold off most of its other assets including Easton-Bell helmets. Riddell this June named quarterback legend Peyton Manning as a strategic adviser and pitchman. "Riddell has been for sale forever and can't find a buyer," a source close to the situation said. "They want to sell Riddell because Fenway needs to close its fund." Meanwhile, Platinum Equity-owned Schutt has been for sale through the Park Lane investment bank seeking about $40 million, two sources said. But Schutt canceled the auction a few months ago after Riddell countersued it in a dispute over patent infringement. Riddell is the biggest football equipment maker with about $200 million in sales, and Schutt is second with $55 million. Platinum bought Schutt in 2010 out of bankruptcy for $28 million, so it is free of the concussion liabilities that burden Riddell. Still, suitors also have bigger-picture concerns about the popularity of football, sources said. The market for helmets for varsity high school football on up is stable, but the number of players from 8 to 12 years old has decreased as kids move more to flag or protected flag football, the source close to the situation said. Riddell, Fenway Partners and Park Lane declined comment. Platinum did not return calls. [GN] NOODLES & COMPANY: Accord Reached in Selco Class Action ------------------------------------------------------- Noodles & Company said in its Form 10-Q Report filed with the Securities and Exchange Commission for the quarterly period ended October 3, 2017, that a settlement has been reached in a class action lawsuit following mediation. According to Noodles & Company's regulatory filings, the Company was a defendant in a purported class action lawsuit in the United States District Court for the District of Colorado (the "Court"), Selco Community Credit Union vs. Noodles & Company, alleging that the Company negligently failed to provide adequate security to protect the payment card information of customers of the plaintiffs and those of other similarly situated credit unions, banks and other financial institutions alleged to be part of the putative class, causing those institutions to suffer financial losses (the "Selco Litigation"). The complaint in the Selco Litigation also claimed the Company was negligent per se based on alleged violations of Section 5 of the Federal Trade Commission Act, and sought monetary damages, injunctive relief and attorneys' fees. The Company said in its Form 10-Q Report for the quarterly period ended July 4 that on July 21 the Court granted a Motion to Dismiss in the Selco Litigation in favor of the Company, which is subject to appeal by the plaintiffs. Any appeal was to be filed on or before August 21. The Company said in its September quarterly report that a notice of appeal of the dismissal was filed on August 15. On November 2 a mediation was held and a settlement, which will be funded entirely by insurance proceeds, was reached, which will result in a dismissal of the appeal and a resolution of the Selco Litigation. Noodles & Company is a fast-casual restaurant headquartered in Broomfield, Colorado, that offers international and American noodle dishes, as well as soups, salads, and pasta. NRA GROUP: Bernal Appeals N.D. Ill. Decision to Seventh Circuit --------------------------------------------------------------- Plaintiff Joseph Bernal filed an appeal from a court ruling in the lawsuit entitled Joseph Bernal v. NRA Group, LLC, Case No. 1:16-cv-01904, in the U.S. District Court for the Northern District of Illinois, Eastern Division. As reported in the Class Action Reporter on Dec. 8, 2017, the District Court ruled that adding collection costs to the balance of a debt did not violate the Federal Debt Collection Practices Act, if such costs were permitted as part of the underlying contract. Plaintiff Joseph Bernal entered into a monthly membership agreement with Six Flags Entertainment Corporation. The Plaintiff became delinquent on this agreement and Six Flags placed the debt with AR Assist, LLC, who then contracted NRA to collect on the debt. In their attempts to collect the debt, NRA added a percentage-based charge, labeled "costs" to the principal balance. The Plaintiff filed a class action lawsuit against NRA alleging FDCPA violations due to his assertions that NRA had no right to collect such "costs." The appellate case is captioned as Joseph Bernal v. NRA Group, LLC, Case No. 17-3629, in the U.S. Court of Appeals for the Seventh Circuit. The briefing schedule in the Appellate Case is set as follows: -- Transcript information sheet is due by January 10, 2018; and -- Appellant's brief is due on or before February 5, 2018, for Joseph Bernal.[BN] Plaintiff-Appellant JOSEPH BERNAL, individually and on behalf of all others similarly situated, is represented by: David J. Philipps, Esq. PHILIPPS & PHILIPPS 9760 S. Roberts Road Palos Hills, IL 60465-0000 Telephone: (708) 974-2900 E-mail: davephilipps@aol.com Defendant-Appellee NRA GROUP, LLC, doing business as NATIONAL RECOVERY AGENCY, is represented by: Charity A. Olson, Esq. BROCK & SCOTT, PLLC 2723 S. State Street Ann Arbor, MI 48104 Telephone: (734) 222-5179 E-mail: Charity.Olson@brockandscott.com OHIO: Fails to Keep Proper Records of Traffic Camera Fines ---------------------------------------------------------- The Associated Press reports that Ohio's auditor has faulted a small village and its police chief for failing to keep proper records of camera-enforced traffic fines that produce much of the village's revenue. An audit of Brice says auditors couldn't find sufficient documentation for the tickets. The village roughly 12 miles (19 kilometers) east of Columbus reported the fines brought in more than $170,000 in 2016, accounting for nearly 75 percent of Brice's general fund total. The Columbus Dispatch reports Brice faces a class-action lawsuit over fines collected from 2013 to 2015. State Auditor Dave Yost says Police Chief Bud Bauchmoyer should have kept a complete record of every citation given the scrutiny of the village's ticketing practices. Mr. Bauchmoyer didn't respond to a request for comment. [GN] OSI SYSTEMS: Pomerantz Files Securities Class Action Lawsuit ------------------------------------------------------------ Pomerantz LLP announces that a class action lawsuit has been filed against OSI Systems, Inc. and certain of its officers. The class action, filed in United States District Court, for the Central District of California, and docketed under 17-cv-08855, is on behalf of a class consisting of investors who purchased or otherwise acquired the securities of OSI between August 16, 2013 and December 5, 2017, both dates inclusive (the "Class Period"). Plaintiff seeks to recover compensable damages caused by Defendants' violations of the federal securities laws and to pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5 promulgated thereunder. If you are a shareholder who purchased OSI securities between August 16, 2013, and December 5, 2017, both dates inclusive, you have until February 5, 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 quantity of shares purchased. OSI Systems, Inc. produces medical monitoring and anesthesia systems, optoelectronic devices, and security and inspection systems. Its subsidiary Rapiscan Systems ("Rapiscan") provides metal detectors and X-ray machines for screening luggage and cargo. On January 18, 2012, OSI announced that Rapiscan had been awarded a six-year, $400 million contract to provide turnkey screening services to Mexico's tax collection authority, Servicio de Administracion Tributaria ("SAT") (the "Mexico Turnkey Contract"). On August 21, 2013, OSI announced that Rapiscan had been awarded a fifteen-year contract to provide turnkey screening services throughout Albania, stating that "[t]he Company currently anticipates that total gross revenues may range from $150 million -- $250 million over the term of the agreement." 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) the pricing for the Mexico Turnkey Contract was premised on misrepresentations by the Company to SAT regarding the capabilities of Rapiscan's equipment, and was accordingly overpriced relative to the value of the services provided to SAT; (ii) consequently, the Mexico Turnkey Contract was unlikely to be renewed or was likely to be renewed at terms less favorable to OSI; (iii) the Company's revenues from the Mexico Turnkey Contract were therefore unsustainable; (iv) OSI had secured the Albania Turnkey Contract by corrupt means; (v) the Company's revenues from the Albania Turnkey Contract were thus likewise unsustainable; (vi) OSI suffered from systemic, Company-wide problems with respect to legal and regulatory compliance; and (vii) as a result, OSI's public statements were materially false and misleading at all relevant times. On December 6, 2017, Muddy Waters Research published a report entitled "OSIS: Rotten to the Core" (the "Muddy Waters Report"). Citing a number of sources--including Albanian media reports, government documents, corporate filings, statements from former OSI employees, and statements from a former SAT official--the 19- page Muddy Waters Report asserted, inter alia, that: (i) OSI had secured the Albania Turnkey Contract by corrupt means; (ii) OSI had misled the SAT with respect to the capabilities of the Company's machines and thus secured a "greatly inflated" price for the Mexico Turnkey Contract; and (iii) a culture of non- compliance with applicable laws and regulations was endemic at OSI, with "[f]ormer employees paint[ing] a reasonably consistent picture of a company operating with disregard for the law." On this news, OSI's share price fell $24.55, or 29.2%, to close at $59.52 on December 6, 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, Esq. Pomerantz LLP Email: rswilloughby@pomlaw.com[GN] OSI SYSTEMS: Feb. 5 Lead Plaintiff Bid Deadline ----------------------------------------------- Kahn Swick & Foti, LLC and KSF partner, former Attorney General of Louisiana, Charles C. Foti, Jr., remind investors that they have until February 5, 2018 to file lead plaintiff applications in a securities class action lawsuit against OSI Systems Inc. (Nasdaq:OSIS), if they purchased the Company's securities between August 21, 2013 and December 6, 2017, inclusive (the "Class Period"). This action is pending in the United States District Court for the Central District of California. What You May Do If you purchased securities of OSI Systems and would like to discuss your legal rights and how this case might affect you and your right to recover for your economic loss, you may, without obligation or cost to you, contact KSF Managing Partner Lewis Kahn toll-free at 1-877-515-1850 or via email (lewis.kahn@ksfcounsel.com), or visit http://ksfcounsel.com/cases/nasdaqgs-osis/to learn more. If you wish to serve as a lead plaintiff in this class action, you must petition the Court by February 5, 2018. About the Lawsuit OSI Systems and certain of its executives are charged with failing to disclose material information during the Class Period, violating federal securities laws. On December 6, 2017, Muddy Waters Research reported several allegations of corrupt business practices by the Company. Specifically, that an Albania concession was acquired through bribery or other improper measures; an unannounced transfer of 49% of its project company, S2 Albania SHPK, to an Albanian holding company for consideration of less than $5.00; and, based on information from former employees, other unlawful acts including improper sales, bribery and fraud. On this news, the price of OSI Systems' shares plummeted $24.55 per share, or 29.2%. About Kahn Swick & Foti KSF, whose partners include the former Louisiana Attorney General Charles C. Foti, Jr., is a law firm focused on securities, antitrust and consumer class actions, along with merger & acquisition and breach of fiduciary litigation against publicly traded companies on behalf of shareholders. The firm has offices in New York, California and Louisiana. To learn more about KSF, you may visit www.ksfcounsel.com. Lewis Kahn, Esq. Managing Partner Kahn Swick & Foti, LLC Tel: 1-877-515-1850 Email: lewis.kahn@ksfcounsel.com [GN] OXNARD, CA: Court Denies Kittel's Class Cert. Bid ------------------------------------------------- In a civil minutes entered in the lawsuit styled April Kittel v. City of Oxnard, et al., Case No. 2:17-cv-06709-MWF-GJS (C.D. Cal.), the Hon. Michael W. Fitzgerald: -- granted with leave to amend to the extent it seeks a more definite statement pursuant to Rule 12(e) of the Federal Rules of Civil Procedure the Defendants City of Oxnard, Sylvia Paniagua, and Eric Sonstegard's Motion to Strike Plaintiff's First Amended Class Action Complaint, filed on October 24, 2017; -- denied at this time the Defendants' Motion to Dismiss Plaintiff's First Amended Class Action Complaint, also filed on October 24, 2017; and -- denied without prejudice the Plaintiff's pending Motion to Certify Class. Judge Fitzgerald directed the Plaintiff to file a Second Amended Complaint that complies with the Court's instructions by Dec. 27, 2017. The FAC is long, redundant, and confusing, Judge Fitzgerald says. "This alone would not be fatal, as despite those flaws, the allegations do appear to be largely relevant to claims for relief rooted in disability discrimination," Judge Fitzgerald notes. The Plaintiff commenced the putative class action on July 24, 2017, in Ventura County Superior Court. The Defendants removed the action to federal court on September 12, 2017. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=v5NiifQY PARK 'N FLY: Faces "James" Suit Over Failure to Pay Workers ----------------------------------------------------------- Brittany James, on behalf of herself, and all others similarly situated v. Park 'N Fly, Inc. and Does 1 through 100, Inclusive, Case No. 17CIV05465 (Cal. Super. Ct., November 1, 2017), is brought against the Defendants for failure to pay all wages, failure to provide meal and rest periods, failure to maintain and provide accurate time and payroll records, failure to reimburse for necessary business expenses, and failure to pay final wages to Class Members whose employment has ended. Park 'N Fly, Inc. conducts business in the State of California in the off-airport parking industry, including but not necessarily limited to San Francisco, Oakland, Los Angeles, Ontario, San Jose, and San Diego. [BN] The Plaintiff is represented by: Michael Hoffman, Esq. Stephen Noel Ilg, Esq. HOFFMAN EMPLOYMENT LAWYERS, PC 580 California Street, 16th Floor San Francisco, CA 94104 Telephone: (415) 362-1111 Facsimile: (415) 362-1112 E-mail: mhoffman@employement-lawyers.com silg@employement-lawyers.com PARK 'N FLY: Faces James' 2nd Suit Over Failure to Pay Workers -------------------------------------------------------------- Brittany James, on behalf of herself, all others similarly situated v. Park 'N Fly, Inc. and Does 1 through 100, Case No. 17CV0546 (Cal. Super. Ct., November 30, 2017), is brought against the Defendants for failure to compensate employees for all hours worked, failure to provide meal and rest periods, failure to maintain accurate records of the hours worked and the wages paid, and failure to furnish wage and hour statements. Park 'N Fly, Inc. provides parking and shuttle service to and from their parking lots to airports. [BN] The Plaintiff is represented by: Michael Hoffman, Esq. Stephen Noel Ilg, Esq. HOFFMAN EMPLOYMENT LAWYERS, PC 580 California Street, 16t Floor San Francisco, CA 94104 Telephone: (415) 362-1111 Facsimile: (415) 362-1112 E-mail: mhoffman@employment-lawyers.com silg@employment-lawyers.com PEPPER TREE: Sued Over Illegal Electronic Funds Transfer Policies ----------------------------------------------------------------- Dan DeForest and Andrew DeForest, individually, and on behalf of other members of the general public similarly situated v. Pepper Tree, Inc. d/b/a WildWater Express Carwash, and Does 1-10, inclusive, Case No. 8:17-cv-02092 (C.D. Cal., November 30, 2017), is brought on behalf of all nationwide consumers whose bank accounts were subjected to a recurring debit of their bank accounts, debit cards, or credit cards to pay for the Defendant's monthly car wash service plan, but who did not provide written authorization to the Defendant to enter into such an Electronic Funds Transfer arrangement, nor received a copy of the terms upon which they were subject to an autopay arrangement with Defendant after having been entered into such an arrangement. Pepper Tree, Inc. own and operate an automobile - lubrication service company in California. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 324 S. Beverly Dr., #725 Beverly Hills, CA 90212 Telephone: (877) 206-4741 Facsimile: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com PIAA: Sports Officials Seek Lawsuit for Unpaid Wages ---------------------------------------------------- Pittsburgh Post-Gazette reports that two men have asked the federal court in Pittsburgh to accept a class action lawsuit against the Pennsylvania Interscholastic Athletic Association, claiming the organization incorrectly classified sports officials as independent contractors. Charles Ruslavage of Canonsburg and Mario Seneca of Wexford, who work as PIAA referees, filed the complaint December 8 in U.S. District Court in the Western District of Pennsylvania. The men claimed the PIAA has violated the Pennsylvania Minimum Wage Act and the Fair Labor Standards Act because it does not pay minimum wage for all hours that officials work and does not give them overtime compensation. The complaint said the 13,200 PIAA sports officials "were all improperly classified as independent contractors and not afforded the minimum wage and overtime compensation when they worked in excess of 40 hours per week." The men said they were seeking to recover unpaid minimum wage, overtime, attorney fees and costs. [GN] PROFESSIONAL ACCOUNTS: Debt Collection Defies FDCPA, Dodson Says ---------------------------------------------------------------- Troy Dodson, individually and on behalf of all others similarly situated v. Professional Accounts Service, Inc., an Indiana corporation, Case No. 1:17-cv-04442-JMS-DML (S.D. Ind., November 30, 2017), alleges that the Defendant's debt collection practices violate the Fair Debt Collection Practices Act. Professional Accounts Service, Inc., is an Indiana limited liability company, that acts as a debt collector, as defined by the FDCPA, because it regularly uses the mails and/or the telephone to collect, or attempt to collect, defaulted consumer debts.[BN] The Plaintiff is represented by: David J. Philipps, Esq. Mary E. Philipps, Esq. Angie K. Robertson, Esq. PHILIPPS & PHILIPPS, LTD. 9760 S. Roberts Road, Suite One Palos Hills, IL 60465 Telephone: (708) 974-2900 Facsimile: (708) 974-2907 E-mail: davephilipps@aol.com mephilipps@aol.com angiekrobertson@aol.com - and - John T. Steinkamp, Esq. 5214 S. East Street, Suite D1 Indianapolis, IN 46227 Telephone: (317) 780-8300 Facsimile: (317) 217-1320 E-mail: steinkamplaw@yahoo.com PRUDENTIAL INSURANCE: Violated ERISA, Judge Rules ------------------------------------------------- P.J. Dannunzio, writing for The Legal Intelligence, reports that a federal judge overseeing a putative class action against Prudential Insurance Co. has ruled that the company violated ERISA by using interest-bearing bank accounts to hold life insurance money instead of paying beneficiaries directly. US. District Judge Joseph F. Leeson Jr. of the Eastern District of Pennsylvania granted the plaintiffs' motion for summary judgment on their claim that Prudential breached its fiduciary duty under the Employee Retirement Income Security Act. Leeson denied summary judgment motions from both sides on the issue of whether Prudential violated ERISA's prohibited transactions provision, allowing that claim to be litigated further. In Huffman v. Prudential Insurance, the plaintiffs alleged Prudential violated ERISA by choosing to pay the beneficiary through access to a retained asset account, which allows the insurer to hold funds and earn interest on them until the beneficiary withdraws them. The plaintiffs were beneficiaries of deceased workers employed by JPMorgan and Con-way Inc. According to Leeson's opinion, when the benefits came due, Prudential's practice was not to send the beneficiaries a single check for the lump sum, but instead to open the bank account-- called an alliance account--from which beneficiaries could withdraw money. This arrangement, Leeson said, allowed the insurance company to retain and invest the money until taken out, profiting in the meantime. "The court finds that the unambiguous language of the plan documents required payment in 'one sum,' that payment by giving the beneficiary access to a bank account does not satisfy this requirement, and that Prudential breached its fiduciary duties by establishing the accounts," Leeson said. "Therefore, the court grants summary judgment on liability in favor of plaintiffs with respect to the breach of fiduciary duty claims under ERISA." As for the parties' motions for summary judgment on the prohibited transaction provision, Lesson said issues of fact exist as to whether "Prudential disclosed to plan beneficiaries or sponsors the arrangement whereby it would profit from investing the alliance account funds and the degree to which Prudential did profit," Leeson said. Additionally, Leeson ruled the claims were pre-empted by federal law, so the plaintiffs could not transfer the case to state court. Donald E. Wieand, Esq. -- dew@stevenslee.com -- of Stevens & Lee in Bethlehem, representing Prudential, did not respond to a request for comment. Cary Flitter, Esq. of Flitter Milz in Narbeth, representing the plaintiff, also did not respond to a request seeking comment. [GN] QUICKEN LOANS: Illegally Wiretaps Website Visitors' Computers ------------------------------------------------------------- Michael Allen, individually and on behalf of all others similarly situated v. Quicken Loans Inc. and Navistone, Inc., Case No. 2:17-cv-12352-ES-MAH (D.N.J., December 1, 2017), arises out of the Defendant's practice of wiretapping the computers of visitors to Quicken's website, Quickenloans.com., to observe visitors' keystrokes, mouseclicks and other electronic communications in real time for the purpose of gathering visitors' Personally Identifiable Information ("PII") to de-anonymize those visitors -- that is, to match previously unidentifiable website visitors to postal names and addresses. Quicken Loans Inc. operates a mortgage lending company located at 1050 Woodward Ave., Detroit, Michigan. Navistone, Inc. is a marketing company and data broker that deals in U.S. consumer data. [BN] The Plaintiff is represented by: Frederick J. Klorczyk III, Esq. BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Telephone: (212) 989-9113 Facsimile: (212) 989-9163 E-mail: fklorczyk@bursor.com RITE AID: Court Affirms Inflatable Pool Class Action Ruling ----------------------------------------------------------- Marinij.com reports that a man who sued over the size of an inflatable pool he bought in San Rafael has lost an appeal to a state appellate court. James Noel bought the Kids Stuff Ready Set Pool for $60 at a Rite Aid in 2013, according to court documents. He said the labeling on the box depicted three adults and two children in the pool, but when he inflated it himself, the pool was far too small for such a group. Mr. Noel's attorneys tried to file a class-action lawsuit in Marin Superior Court, alleging deceptive advertising by Rite Aid. Judge Paul Haakenson ruled that the plaintiff did not meet the requirements for class certification in a case that could require notifying some 20,000 customers. Mr. Noel appealed to the 1st District Court of Appeal on various grounds, including alleged abuse of discretion by Judge Haakenson. In a decision released, a three-judge panel unanimously affirmed Judge Haakenson's rulings. The lawsuit in Marin Superior Court has been on hold while attorneys waited for the appellate decision. [GN] ROYAL WATER: "Cruz" Class Suit Seeks to Recover Unpaid OT Wages --------------------------------------------------------------- Amelio Cruz and Miquel Figuero, individually and on behalf of all other similarly situated v. Royal Water Damage Restoration, Inc., Case No. 2:17-cv-05401-MSG (E.D. Penn., November 30, 2017), seeks to recover unpaid overtime wages and damages pursuant to the Fair Labor Standards Act. Royal Water Damage Restoration, Inc. is a Pennsylvania for-profit corporation that offers services of water damage repair, water removal, wet basement drying, mold remediation, and cleanup and repair caused smoke, fire, floods, and storms. [BN] The Plaintiff is represented by: Kevin I. Lovitz, Esq. LOVITZ LAW FIRM One Liberty Place 1650 Market Street, 36th Floor Philadelphia, PA 19103 Telephone: (215) 735-1996 Facsimile: (215) 319-7943 E-mail: kevin@lovitzlaw.com - and - Philip Bohrer, Esq. Scott E. Brady, Esq. BOHRER BRADY, LLC 8712 Jefferson Highway, Suite B Baton Rouge, LA 70809 Telephone: (225) 925-5297 Facsimile: (225) 231-7000 E-mail: phil@bohrerbrandy.com scott@bohrerbrandy.com RYB EDUCATION: Vincent Wong Files Class Action ---------------------------------------------- The Law Offices of Vincent Wong disclosed that a class action lawsuit has been commenced in the USDC for the Southern District of New York on behalf of investors who purchased RYB Education, Inc. ("RYB Education") (NYSE:RYB) American Depositary Shares pursuant to the September 27, 2017 IPO or between September 27, 2017 and November 22, 2017. According to the complaint, throughout the Class Period, the Company issued materially false and misleading statements and/or failed to disclose that: (i) RYB failed to establish safety policies to prevent sexual abuse from occurring at its schools; (ii) RYB's failure to remedy problems within its system exposed children to harm and unreasonable risk of harm while in the Company's care; and (iii) as a result of the foregoing, RYB securities traded at artificially inflated prices during the Class Period, and class members suffered significant losses and damages. On November 24, 2017, media outlets announced that parents had accused a RYB Education nursery of drugging and abusing children. The same day, RYB Education issued a press release stating that a police investigation was ongoing. Then on November 27, 2017, RYB Education announced that one "teacher at the RYB-operated kindergarten in question was detained as a criminal suspect for maltreatment of children in the facility, and the police investigation is continuing." RYB Education further stated that it would dismiss the accused teacher, effective immediately. If you suffered a loss in RYB Education you have until January 26, 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. To obtain additional information, contact Vincent Wong, Esq. either via email vw@wongesq.com, by telephone at 212.425.1140, or visit http://www.wongesq.com/pslra- sbm/ryb-education-inc?wire=3. Vincent Wong, Esq. is an experienced attorney that has represented investors in securities litigations involving financial fraud and violations of shareholder rights. Attorney advertising. Prior results do not guarantee similar outcomes. Vincent Wong, Esq. 39 East Broadway Suite 304 New York, NY 10002 Tel. 212.425.1140 Fax. 866.699.3880 E-Mail: vw@wongesq.com [GN] SAC CAPITAL: Reed Smith Appeals "Kaplan" Suit Ruling to 2nd Cir. ---------------------------------------------------------------- Reed Smith LLP filed an appeal from the District Court's memorandum and order entered on November 16, 2017, in the lawsuit styled Kaplan, et al. v. S.A.C. Capital Advisors, L.P., et al., 12-cv-9350, in the U.S. District Court for the Southern District of New York (New York City). The lawsuit is brought over alleged violations of securities laws. The appellate case is captioned as Kaplan v. S.A.C. Capital Advisors, L.P., Case No. 17-4067, in the United States Court of Appeals for the Second Circuit. The Appellant is Reed Smith LLP. The Plaintiffs-Appellees are David E. Kaplan, Individually and on Behalf of All Others Similarly Situated; Michael S. Allen, Individually and on Behalf of All Others Similarly Situated; Chi- Pin Hsu, Individually and on Behalf of All Others Similarly Situated; Fred M. Ross; and Gary W. Muensterman, Individually and on Behalf of All Others Similarly Situated. The other Plaintiffs are Roxy D. Sullivan, Individually and on Behalf of All Others Similarly Situated; Lindsey Rankin, Individually and on Behalf of All Others Similarly Situated; City of Birmingham Retirement and Relief System; KBC Asset Managment NV; Christian Monrad; James C. McGowan; Linh Tu; Pat A. Sanye; John M. Gould; Rhonda Wolff, Individually and on Behalf of All Others Similarly Situated; Garry Leonard; Patricia Tracy; Benjamin Monrad; Caroline P. Gould; Ronald J. Sanye; Raj Vaddi; Seymond Pon; Lawson Phillips; Micahel Cahill; John Wolff; Bridget Monrad; Jim Moser; Chris Mitchem; Joseph F. Morgan; Glen Lochmueller; John P. Connolly; Greg Kappes; Richard Lloyd; David Lindsay; Stephen W. Mamber; Steven R. Olson; and Deeann Lemmerling. The Defendants are S.A.C. Capital Advisors, L.P.; S.A.C. Capital Advisors, Inc.; CR Intrinsic Investors, LLC; Steven A. Cohen; Mathew Martoma; Sidney Gilman; CR Intrinsic Investments, LLC; S.A.C. Capital Advisors, LLC; S.A.C. Capital Associates, LLC; S.A.C. International Equities, LLC; S.A.C. Select Fund, LLC; Point72 Capital Advisors, Inc.; Point72 Associates, LLC; Point72 Strategies, LLC; and Point72 Select Investments, LLC.[BN] The Plaintiffs-Appellees are represented by: Deborah Clark Weintraub, Esq. SCOTT + SCOTT, ATTORNEYS AT LAW, LLP The Helmsley Building 230 Park Avenue New York, NY 10169 Telephone: (212) 223-6444 Facsimile: (212) 223-6334 E-mail: dweintraub@scott-scott.com Appellant Reed Smith LLP is represented by: Andrew Joshua Levander, Esq. DECHERT LLP 1095 Avenue of the Americas New York, NY 10036 Telephone: (212) 698-3683 Facsimile: (212) 698-3599 E-mail: andrew.levander@dechert.com SAN JOSE, CA: Wins Bid to Decertify FLSA Class in "Wallace" Suit ---------------------------------------------------------------- The Hon. Howard R. Lloyd grants the City of San Jose's motion for decertification in the lawsuit captioned DARREN WALLACE, KEITH HART, MARK LEEDS, and other employees similarly situated v. CITY OF SAN JOSE, Case No. 5:16-cv-04914-HRL (N.D. Cal.). The Plaintiffs sue the City on behalf of a conditionally certified collective class of certain firefighter employees, for alleged wage/hour violations under the Fair Labor Standards Act and California Labor Code. The Plaintiffs' claims arise from two types of overtime payments applicable to all class members: (1) so-called "contractual" overtime, which has been described to the court as pay (governed by a Memorandum of Agreement between the City and its firefighter employees) for any hours an employee works beyond his or her regularly scheduled shift hours; and (2) FLSA overtime, which this court is told refers to pay for hours an employee works beyond the maximum allowed by the applicable FLSA threshold. The Court previously granted the Plaintiffs' motion for conditional certification. The conditionally certified FLSA collective class is defined as: All current and former employees (a) employed as a fire recruit, firefighter, fire engineer, fire captain, fire prevention inspector, arson investigator or battalion chief at any time on or after March 11, 2013 (for willful FLSA violations) or March 11, 2014 (generally) and (b) who have opted-in or will opt-in on or before April 25, 2017. In view of the Plaintiffs' and the collective members' varied job duties, shifts, and employment settings, as well as the lack of any evidence that any of the opt-ins actually were underpaid per the Plaintiffs' theory, the Court concludes that the fair way to proceed is through decertification. "Except for the named plaintiffs, all other plaintiffs' claims are severed from this action and dismissed without prejudice to each plaintiff filing a separate action for his or her claim. As for any plaintiffs who may be adversely affected by a statute of limitations issue, the court tolls the limitations period for 90 days from the date of this order," Judge Lloyd opines. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=vjsBI5sn SANOFI PASTEUR: VACC to File Class Suit Over Dengvaxia ------------------------------------------------------ Al S. Vitangcol III, writing for The Manila Times, reports that today, December 9, is International Anti-Corruption Day (IACD), a day annually celebrated by the United Nations member-countries since the passage of the UN Convention Against Corruption in October 2003. This year's theme for the celebration of the IACD is "United against corruption for development, peace and security." The United Nations Office on Drugs and Crimes (UNODC) and United Nations Development Program (UNDP) have developed a joint global campaign, focusing on how corruption affects education, health, justice, democracy, prosperity and development. According to the UN, the 2017 joint international campaign focuses on corruption as one of the biggest impediments to achieving the UN sustainable development goals (SDGs). Corruption affects almost all segments of the society -- education, transportation, justice, and heath, among others. The recent brouhaha about the Dengvaxia vaccine is the ultimate example on how corruption, both in the public and private sectors, has permeated the health sector of the country. What is Dengvaxia? According to Affinitas, an international employee benefits partner and risk management consultant that promotes and conducts vaccination programs among the employees and dependents of its corporate clients, Dengvaxia contains dengue virus serotypes 1, 2, 3 and 4 that have been weakened. The vaccine works by stimulating the body's natural defenses, which produces its own protection (antibodies) against the viruses that cause the dengue disease. The dengue vaccine, code named CYD-TDV, is an attenuated tetravalent chimeric vaccine, meaning it is a "live" infectious dengue virus in a bottle. CYD-TDV is sold under the brand name Dengvaxia and made by Sanofi Pasteur. Sanofi Pasteur is a global company which produces more than one billion doses of vaccines yearly to immunize more than 500 million people worldwide. Its revenue in 2016 was estimated at 4,577 million euros. It is headquartered in Lyons, France, with a presence in more than 80 countries, including the Philippines. WHO position paper The World Health Organization (WHO) published its position paper on the dengue vaccine on July 29, 2016. WHO issues a series of regularly updated position papers on vaccines and combinations of vaccines against diseases that have an international public health impact. These papers are generally concerned with the use of vaccines in large-scale immunization programs; they summarize essential background information on diseases and vaccines, and conclude with the current WHO position on the use of vaccines worldwide. The report declared that "there is no specific anti-viral treatment for dengue illness. Clinical management is based on supportive therapy, primarily judicious monitoring of intravascular volume replacement. Improvements in case management have reduced the case fatality rate of hospitalized dengue illness to less than 1 percent, whereas historically it was as high as 20 percent." The WHO was aware that administration of the vaccine could increase the hospitalization rates for the recipients. "All models predicted that in very low transmission intensity settings (seroprevalence 10 percent at 9 years), vaccination of 9-year- olds was likely to increase dengue hospitalization rates. Some models predicted the same effect when seroprevalence at 9 years was 30 percent. This was due to a key assumption used in the models, that vaccination acts like an asymptomatic natural infection and hence primes seronegative recipients to have a secondary-like infection when they are exposed to dengue for the first time. In low transmission settings, where a high proportion of the population never experiences a second dengue virus infection, vaccination could therefore lead to an increase in the incidence of dengue illness. The assumption on which this conclusion is based cannot be confirmed or refuted by the clinical trial data collected to date, but it allows the models to match the currently available trial data." Finally, the WHO recommended that "countries should consider introduction of the dengue vaccine CYD-TDV only in geographic settings (national or subnational) where epidemiological data indicate a high burden of disease" and "countries considering vaccination should also have a dengue surveillance system able to detect and report hospitalized and severe dengue cases consistently over time." Do we have a national dengue surveillance system in place? I think not. Our authorities may not have even read and digested fully the implications of the WHO position paper on the dengue vaccine. VACC to file class suit vs Sanofi The Volunteers Against Crime and Corruption (VACC), in observance of the IACD and in line with its recently concluded Anti- Corruption Summit on November 27-28, 2017, is putting up monitoring desks in various strategic areas in the country to monitor and assist the victims of possible resurgence of dengue illness due to the application of Dengvaxia. Parenthetically, its legal team is initiating the filing of a class action lawsuit against Sanofi Pasteur. A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. People seek justice in class action lawsuits when their injuries have been caused by defective products, including pharmaceutical drugs such as Dengvaxia. Resort to a class action lawsuit is generally done when a number of people have suffered the same or similar injuries. Often, many of the individuals' injuries were relatively minor, such that they might not pursue legal redress on their own. Together, however, the value of the claims of the class add up, and suing as a class means consolidating the lawyers, defendant, evidence, witnesses, and most other aspects of the litigation. If the number of people affected by the product is high, it becomes impractical or even impossible for them to file individual lawsuits. VACC will help the victims, present or future, in their claims against Sanofi Pasteur. At an estimated 750,000 immunized Filipinos with an indemnity of at least P20,000 each, this will translate to a total compensation of at least P15 billion. The VACC will ask the court to order Sanofi Pasteur to establish a Dengvaxia Victims' Fund (DVF) in the amount of at least P10 billion. Future dengue patients, because of the adverse effects of Dengvaxia, will be compensated and indemnified from the DVF, which is proposed to be managed and controlled by court-appointed administrators. VACC will coordinate with the Department of Health (DoH) in these actions. With this, the DoH can vindicate itself and come out strong, transparent and inclusive. [GN] SCOTTS MIRACLE: Wild Bird Food Product Class Action Ongoing ----------------------------------------------------------- The Scotts Miracle-Gro Company said in its Form 10-K report for the 12 months ended September 30, 2017, the company continues to defend a consolidated suit in the United States District Court for the Southern District of California. In connection with the sale of wild bird food products that were the subject of a voluntary recall in 2008, the Company, along with its Chief Executive Officer, have been named as defendants in four actions filed on and after June 27, 2012, which have been consolidated and, on March 31, 2017, certified as a class action in the United States District Court for the Southern District of California as In re Morning Song Bird Food Litigation, Lead Case No. 3:12-cv-01592-JAH-RBB. The plaintiffs allege various statutory and common law claims associated with the Company's sale of wild bird food products and a plea agreement entered into in previously pending government proceedings associated with such sales. The plaintiffs allege, among other things, a class action on behalf of all persons and entities in the United States who purchased certain bird food products. The plaintiffs assert: (i) hundreds of millions of dollars in monetary damages (actual, compensatory, consequential, and restitution); (ii) punitive and treble damages; (iii) injunctive and declaratory relief; (iv) pre-judgment and post-judgment interest; and (v) costs and attorneys' fees. The Company and its Chief Executive Officer dispute the plaintiffs' assertions and intend to vigorously defend the consolidated action. At this point in the proceedings, it is not currently possible to reasonably estimate a probable loss, if any, associated with the action and, accordingly, no accruals have been recorded in the consolidated financial statements with respect to the action. There can be no assurance that this action, whether as a result of an adverse outcome or as a result of significant defense costs, will not have a material adverse effect on the Company's financial condition, results of operations or cash flows. The Scotts Miracle-Gro Company is an American multinational corporation headquartered in Marysville, Ohio. The company is considered an industry leader in the lawn and garden market, with regional offices and research facilities across the U.S. and businesses in Canada, Europe and Asia Pacific. In the U.S., the company's Scotts, Miracle-Gro and Ortho brands are market leading in their categories, as is the consumer Roundup brand, which is marketed in North America and most of Europe exclusively by Scotts. SEAWORLD ENTERTAINMENT: Misled Investors on Blackfish Impact ------------------------------------------------------------ Kate Briquelet, writing for The Daily Beast, reports that when Willie Nelson canceled a performance at SeaWorld Orlando, the theme park's executives were apparently the last to know. "This whole fucking thing pisses me off," Fred Jacobs, then SeaWorld's VP of corporate communications, fumed in a Dec. 3, 2013 email. "What relentless amateurism we've shown in booking these fucking people and managing the whole fucking ... mess," Jacobs added in the frustrated missive. "All of this could have been easily avoided." Executives were desperate to turn the tide, as musical acts like Nelson and the Barenaked Ladies bowed out of SeaWorld Orlando's annual concert series, "Band, Brews and BBQ," amid the backlash over the documentary Blackfish. After the anti-captivity flick's debut, SeaWorld scrambled to save its rapidly tanking image. In private, the chain allegedly asked employees to storm online polls about Blackfish; emailed 50 film critics with talking points before they wrote reviews; and deployed company spies to infiltrate animal rights groups. But in public, SeaWorld misled investors on Blackfish's impact on revenues, according to a class-action lawsuit filed by shareholders. In January 2014, then-President and CEO Jim Atchison announced the company expected record revenues for 2013, despite a global uproar over the allegations in Blackfish. "The success of the SeaWorld parks in 2013 suggests that the extraordinary experience offered in these parks is as meaningful today as at any point in our history. But as strong as 2016 was for us, we are looking forward to another great year in 2014," he said in a statement. Atchison echoed the sentiment during a fourth-quarter earnings conference call, when an analyst asked what impact Blackfish might have business, the lawsuit says. "A matter of fact, the movie in some ways has actually made perhaps more interest in marine mammal parks, and actually even about us," he said. And yet other emails, released as part of the ongoing federal lawsuit, suggest executives knew the company was in trouble despite their rosy claims to the contrary. Jacobs even seemed to mock SeaWorld's panic over preserving Nelson and the rest of the musical lineup, calling their problem "SeaWorld stink." "To wit: 'Willie, on our best day SeaWorld is controversial, but right now we're being attacked from all sides. We are positively radioactive. If you don't want SeaWorld stink on you, we have to know now and we'll walk away,'" Jacobs continued. "And then the kicker: 'Oh, yes. Willie and his people will says [sic] it's a scheduling conflict.'" SeaWorld learned of Nelson's cancellation not through the performer himself, but rather via a CNN report, the emails suggest. "God we look like idiots," Jacobs concludes. Last month, a federal judge granted class-action status to the lawsuit, which lists two pension funds as lead plaintiffs. SeaWorld Entertainment Inc. and former majority owner the Blackstone Group are among the defendants. The Arkansas Public Employees Retirement System and a teachers' pension fund in Denmark suffered more than $4 million in losses from SeaWorld's tanking stock, court filings state. Hundreds, if not thousands, of investors who purchased stock between Aug. 29, 2013 and Aug. 12, 2014 were damaged by SeaWorld's conduct, the complaint says. Blackfish made a splash soon after the film premiered at Sundance in January 2013 and was acquired by CNN and Magnolia Pictures. Its theatrical release six months later unleashed a social media torrent against the theme park. A SeaWorld spokeswoman said the company does not comment on pending litigation. "We continue to focus on our mission to inspire people to protect animals and the world's oceans," Aimee Jeansonne Becka wrote in an email to The Daily Beast. The class-action designation comes amid probes into SeaWorld by the Department of Justice and the Securities and Exchange Commission. This summer, SeaWorld announced the DOJ and SEC had issued subpoenas over the company's "disclosures and public statements" made before August 2014, including those regarding Blackfish. "The Company has cooperated with these government inquiries and intends to continue to cooperate with any government requests or inquiries," SeaWorld said in SEC filings in June. The DOJ has intervened in the class-action lawsuit, too, requesting a delay in depositions as the feds pursue a criminal probe. Michael M. Anello, U.S. District Judge for the Southern District of California, granted the stay in September. Last week, Anello extended the stay until April 2, 2018, records show. "Because of the important interest in maintaining the integrity of criminal investigations . . . . such intervention is appropriate and in the public interest," acting chief for the DOJ's Fraud Section, Sandra Moser, wrote in court papers. Meanwhile, the shareholders' lawsuit accuses former CEO Jim Atchison of "insider selling," alleging he "personally sold 154,000 shares" of SeaWorld common stock in a three-month period from Dec. 2, 2013 and March 6, 2014 and "yield[ed] proceeds of over $4.6 million." Five months later, SeaWorld's stock tanked when the company admitted revenues were down over negative publicity. Atchison's attorneys did not return requests for comment. Yet, when asked about Blackfish's impact on business, Atchison told The Wall Street Journal, "I scratch my head if there's any notable impact from this film at all, and I can't attribute one to it." The CEO even suggested that Blackfish had positively impacted the brand, the lawsuit says. "Ironically, our attendance has improved since the movie came out," Atchison added in the November 2013 interview. Blackfish focused on Tilikum, a 12,000-pound orca who caused the deaths of three people, including his SeaWorld trainer Dawn Brancheau. The 40-year-old was killed when Tilikum dragged her into his pool and thrashed her underwater. An autopsy revealed she died of drowning and blunt force trauma. The film exposed the park's questionable treatment of Tilikum and fellow captive whales, and spurred a seismic shift in public attitudes on using marine animals for entertainment. (Tilikum died in January after spending 34 years in captivity. He was snatched near Iceland in 1983 when he was only 2 years old.) It also spelled the end of SeaWorld's orca shows, which for 50 years served as the company's primary attraction across three amusement parks in Orlando, Florida; San Diego, California; and San Antonio, Texas. SeaWorld went public in April 2013, months after Blackfish premiered at the Sundance Film Festival. The documentary would soon be trending on social media, extolled by celebrities (who asked fans to boycott the theme parks), and targeted by PETA campaigns. Still, SeaWorld "failed to mention the film by name" in its initial public offering, the lawsuit says. "SeaWorld offered only a generalized reference to the fact that accidents or adverse publicity 'may' potentially harm SeaWorld's reputation, attendance and business at some point in the future," court papers allege. Indeed, the theme-park chain blamed "unprecedented attendance declines" on anything but Blackfish, the complaint states. The company, in statements to investors, said adverse weather conditions, holiday and school schedules, and pricing strategies led to lackluster ticket sales, court papers allege. But while SeaWorld blamed bad weather for sinking ticket sales, reports showed that competitors in Florida and California -- Disney and Universal theme parks -- enjoyed spikes in attendance figures. SeaWorld tried to counteract the "Blackfish effect" by investing heavily in advertising, as well as holding meetings where SeaWorld employees were allegedly told to dispute the film and tell friends and family "it was fake." The complaint highlights one former employee's interview with The Dodo on the park's preemptive tactics. "They were feeding us lines," Sarah Fischbeck said, adding that SeaWorld's response to the film was "extremely hush-hush." A SeaWorld spokeswoman called Fischbeck's claims "a complete distortion of the facts" and said that if Fischbeck had qualms, she "had a variety of ways to express grievances, file complaints and/or report concerns." Despite SeaWorld's denials, the company "was concerned enough about the negative publicity from the film to hire publicist 42West to lead a public relations blitz against" the documentary, the lawsuit says. In July of 2013, anticipating the film's theatrical release, Jacobs contacted 50 major film critics to "discredit" Blackfish, the complaint says. (SeaWorld's critiques prompted the film's director, Gabriela Cowperthwaite, to respond with a point-by- point defense.) SeaWorld enlisted employees to pose as animal-rights activists, too. The spy games began as early as November 2013, at the Macy's Thanksgiving Day Parade, in order to infiltrate PETA and other groups opposed to orca captivity. The Daily Beast previously reported on the espionage, which even targeted an academic paper on killer whales when it was published. SeaWorld came clean about the spy tactics last February, when CEO Joel Manby said the company's board of directors demanded an end to the undercover work. "This activity was undertaken in connection with efforts to maintain the safety and security of employees, customers and animals in the face of credible threats," Manby said in defense of the spy program. Emails exhibited in the lawsuit seem to bolster reports that SeaWorld was finessing online opinion polls conducted by CNN, the Orlando Sentinel and the Orlando Business Journal, where a reporter discovered that 54 percent of the votes came from a single IP address owned by SeaWorld Entertainment. "The [Orlando] Sentinel poll is still running. Let's keep flooding it," Nick Gollattscheck, a former SeaWorld spokesman, wrote in a Dec. 24, 2013 email to employees. "Have also heard if you click 'no,' them [sic] click on 'vote' multiple times, it will count multiple votes. Like a hundred or so," Gollattscheck continued. "Happy holidays and keep voting." He concluded, "Ho ho vote." That December, SeaWorld's CEO began disposing of his stock in the company. According to the lawsuit, Atchison and fellow defendants were "motivated to artificially inflate SeaWorld's stock price ... in order to benefit their own personal financial situation with the proceeds from insider stock sales." Atchison sold a large part of his stock in eight sales between Dec. 2, 2013 and March 6, 2014, "while in possession of material inside information concerning the enduring impact Blackfish was having on the Company's attendance," the lawsuit claims. These sales were "suspicious" because the proceeds surpassed Atchison's disclosed 2013 compensation of $2.5 million, and because they disposed of 20 percent of Atchison's total holdings, the complaint says. Five months later, SeaWorld finally admitted bad press had battered profits. But even then, executives didn't mention Blackfish by name. Instead, the company pointed to California legislation -- inspired by the documentary -- that proposed banning orca shows and breeding. After the disclosure, SeaWorld's stock plummeted 33 percent to $9.25 per share. (The so-called "Blackfish" bill passed last year.) The lawsuit also says SeaWorld's then-owner, The Blackstone Group L.P., sold off 18 million shares of SeaWorld common stock in December 2013. The firm sold 19.9 million shares in the IPO months before -- a trend that would continue until this year, when Blackstone sold its stake to a Chinese investment group. In response to the lawsuit, a Blackstone spokesman said, "We believe this suit is wholly without merit and that our actions were proper in all respects." Flailing to revamp its image, SeaWorld launched a new ad campaign in 2015. One video featured the park's head veterinarian, Chris Dold, who declared, "So don't believe what PETA and Blackfish are saying. Our killer whales live lives just as long as killer whales in the wild." That year, SeaWorld also proposed a $100-million renovation aimed at doubling the size of its orca tanks at SeaWorld San Diego. The California Coastal Commission approved the plan, with the caveat that it end its orca breeding program. In response, SeaWorld issued a statement expressing disappointment in the commission's breeding limitation, before ultimately withdrawing its proposal. "Breeding is a natural, fundamental and important part of an animal's life," the company said, "and depriving a social animal of the right to reproduce is inhumane." In March 2016, SeaWorld announced it would end all breeding of its 19 captive orcas and phase out its killer whale performances. "We understand some customers are upset and you may feel betrayed, but in a simple way, the data and trends showed it was either a SeaWorld without whales or a world without SeaWorld," President and CEO Joel Manby told fans in a webcast. When one participant said SeaWorld caved to critics, Manby said the company had no choice. "I've heard the same thing," Manby said. "We didn't cave to PETA or any activist organization. We changed because society's mindset was changing. The truth was our customer base was shrinking and more and more people distrusted us." [GN] SEQWATER: Attorney Says Wivenhoe Dam Water Releases Necessary ------------------------------------------------------------- Michael Madigan, writing for The Courier-Mail, reports that Wivenhoe Dam risked collapse if water was not released in the wake of the extraordinary weather that fuelled the tragic Grantham and Toowoomba floods in 2011, a Sydney Court has been told. Brian O'Donnell, QC, for Seqwater, said dam engineers had no choice but to release water from Wivenhoe during the deluge between January 9 and 11, 2011. "In a nutshell, we will say the large releases were necessary for the structural safety of the dam," Mr O'Donnell told the flood class action being heard in the NSW Supreme Court. He also attacked experts who had the luxury of time and hindsight to give their versions of how Wivenhoe should have been operated during those frantic few days. Heavy rain produced a massive inland wave of water, not connected to dam operations, which hit Toowoomba and the Lockyer Valley town of Grantham on January 10, claiming more than 20 lives. Mr O'Donnell completed his opening in a class action brought by Maurice Blackburn against the state of Queensland as operators of the Wivenhoe and Somerset dams during the 2011 floods. Maurice Blackburn lawyers are arguing that dam operators allowed too much water to build up in the dam, forcing them to release large volumes. Maurice Blackburn alleges the released water contributed to a downstream flood which caused extensive damage in Ipswich and Brisbane and other areas before peaking in the Brisbane River on January 13, 2011. Mr O'Donnell said the extreme intensity of the rainfall changed dam operations as engineers dealt with a dramatic increase in inflows. "It was a constant process of modelling, adjusting, adjusting loss rates, and so on, and that took a good deal of time," Mr O'Donnell said. He said experts offering alternative models did not to go through that process but merely took inflow figures which occurred during the event and worked with those figures. There were also issues which arose during the event such as gauges not working or producing readings which appeared "odd". Mr O'Donnell said it was not Seqwater's case that the engineers would have done things differently if they had more time. "But it is to be borne in mind that they had time pressures, whereas some of the experts . . . have had no time pressures," he said. "They've had unlimited amounts of time, and to undertake modelling which might seem unrealistic as something to be done in real time . . ." The hearings were set to resume. [GN] SEQWATER: Mounts Contributory Negligence Argument in Flood Case --------------------------------------------------------------- The Australian Associated Press reports that the operators of Queensland's Wivenhoe Dam were set to continue their defense against a class action when a trial over the 2011 floods resumes in Sydney on Dec. 11. Maurice Blackburn is representing more than 6000 individuals and businesses impacted by the deluge who claim the dam was operated negligently when huge volumes of water were released in January that year. Lawyers for Seqwater rebuffed claims the flood engineers should have taken rainfall forecasts into account when making operational decisions, arguing the Bureau of Meteorology itself warns the reliability of predictions is not always sufficient to do so. Seqwater's barrister Brian O'Donnell QC said it would be an "extreme" method to pre-release water before rain had even fallen. The defendant has also mounted a "contributory negligence" argument, contending victims should have done more to protect their properties or known they had built or leased on land that flooded decades before. Seqwater claims the engineers rightfully believed they were not able to empty the dam below the so-called full supply level for flood mitigation purposes, however the plaintiffs say if more storage space had been made available the impact of downstream flooding would've been lessened. The trial, which is being run in the NSW Supreme Court because Queensland didn't have a class action regime when it was filed, was set to continues on Dec. 11. [GN] SILVERLEAF RESORTS: Fails to Pay Employees OT, "Dix" Suit Claims ---------------------------------------------------------------- Christopher Dix and Aaron Kessler, individually and on behalf of all others similarly situated v. Silverleaf Resorts, Inc., Cerberus Capital Management, L.P., SL Resort Holdings Inc., Orange Lake Country Club, Inc., and Orange Lake Holdings, LLLP, Case No. 3:17-cv-03249-C (N.D. Tex., November 30, 2017), is brought against the Defendants for failure to pay overtime wages for work more than 40 hours in a work week. The Defendants are in the business of development, marketing and operation of timeshare resorts in various markets nationwide. [BN] The Plaintiff is represented by: Rhonda H. Wills, Esq. WILLS LAW FIRM, PLLC 1776 Yorktown, Suite 570 Houston, TX 77056 Telephone: (713) 528-4455 Facsimile: (713) 528-2047 - and - Kobby T. Warren, Esq. WARREN HEALY, PLLC 1910 Pacific Avenue, Suite 10500 Dallas, TX 75201 Telephone: (214) 999-9499 Facsimile: (888) 687-8174 E-mail: kobby@igotcharged.com STARWOOD HOTELS: Court Refuses to Certify Class in "Creamer" Suit ----------------------------------------------------------------- The Hon. Dale S. Fischer entered a civil minutes in the lawsuit captioned Charles Creamer, et al. v. Starwood Hotels and Resorts Worldwide, Inc., Case No. 2:16-cv-09321-DSF-MRW (C.D. Cal.), denying without prejudice the motion for class certification. According to the Civil Minutes, the matter is called and counsel state their appearances. The Court heard oral argument. For the reasons stated on the record, the motion for Class Certification is denied without prejudice. The Court grants the Plaintiffs' counsel's request for 60 days to obtain co-counsel. A copy of the Civil Minutes is available at no charge at http://d.classactionreporternewsletter.com/u?f=fXV5m8V8 The Plaintiffs are represented by: Shohum J. Solouki, Esq. Grant Joseph Savoy, Esq. SOLOUKI AND SAVOY, LLP 316 W. 2nd Street, Suite 1200 Los Angeles, CA 90012 Telephone: (213) 814-4940 Facsimile: (213) 814-2550 E-mail: shoham@soloukisavoy.com grant@soloukisavoy.com - and - Howard B. Prossnitz, Esq. LAW OFFICES HOWARD PROSSNITZ 203 Forest Avenue Oak Park, IL 60302-1907 Telephone: (708) 203-5747 E-mail: prossnitzlaw@gmail.com The Defendant is represented by: Megan Weisgerber, Esq. Jeffrey Poston, Esq. CROWELL & MORING LLP 515 S Flower Street, 40th Floor Los Angeles, CA 90071 Telephone: (213) 443-5506 E-mail: mweisgerber@crowell.com jposton@crowell.com SUSHI NAKAZAWA: Accused of Wage Theft in Class Suit --------------------------------------------------- Ciara McCarthy, writing for Patch, reports that one of New York's most critically acclaimed restaurants was slapped with a wage theft lawsuit, accusing the restaurant's leaders of routinely underpaying its employees. Two former waiters at the restaurant filed a class-action lawsuit against Sushi Nakazawa, accusing the high-end restaurant of underpaying them and other employees, improperly distributing tips, and improperly disclosing payment procedures. Sushi Nakazawa, located at 23 Commerce St., is one of New York City's fanciest restaurant. This week, the restaurant was named as one of the 18 best in New York City, based on reviews from Open Table diners around the country. It's one of five restaurants to have been awarded four stars by the New York Times food critic. It's also planning to open a new branch inside the Trump International Hotel in Washington, D.C. The class action suit names chef Daisuke Nakazawa and his co- owner Alessandro Borgognone as defendants. The suit was filed by attorney Maimon Kirschenbaum, Esq. -- maimon@jhllp.com -- who has previously represented workers in the restaurant industry in workplace disputes. A representative for the restaurant declined to comment on the lawsuit. [GN] TASCH LLC: Lemos Moves to Certify Independent Contractors Class --------------------------------------------------------------- The Plaintiffs in the lawsuit captioned ANTONIO SANTO LEMOS and CARLOS DUENAS, GERSON IVAN FLORES, GERARDO DERAS, OSMAN NUNEZ, and AMILCAR GUERRERO, on behalf of themselves and all others similarly situated v. TASCH, L.L.C. and JACK R. ALLEN, JR., Case No. 2:17-cv-07212-MVL-KWR (E.D. La.), ask the Court to conditionally certify this putative class: ALL INDIVIDUALS WHO WORKED FOR DEFENDANTS AT ANY TIME SINCE JULY 28, 2014, AND WERE CLASSIFIED AS INDEPENDENT CONTRACTORS In addition to conditional certification, the Plaintiffs also asks the Court to issue an order: (i) approving the attached written notice and consent forms to be sent in English and Spanish to the putative collective action members via First Class Mail; (ii) ordering Defendants to produce in Excel format the names, last-known addresses, e-mail addresses, telephone numbers, and dates of employment/work of all putative collective action members for purposes of distributing the notice and consent forms; (iii) ordering Defendants to post the attached written notice, along with the consent forms, in conspicuous locations at all of Defendants' locations; and (iv) prohibiting Defendants and their managers from retaliating against any individuals who opt-in to this lawsuit. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=hJ3Villb The Plaintiffs are represented by: Christopher L. Williams, Esq. WILLIAMS LITIGATION, L.L.C. 639 Loyola Ave., Suite 1850 New Orleans, LA 70113 Telephone: (504) 308-1438 Facsimile: (504) 308-1446 E-mail: chris@williamslitigation.com - and - Stephen J. Haedicke, Esq. THE LAW OFFICES OF STEPHEN J. HAEDICKE, LLC 639 Loyola Ave., #1820 New Orleans, LA 70113 Telephone: (504) 525-1328 Facsimile: (504) 910-2659 E-mail: Stephen@haedickelaw.com - and - Cristian P. Silva, Esq. CRISTIAN P. SILVA LAW OFFICE, LLC 1818 Manhattan Blvd., Suite 2 Harvey, LA 70058 Telephone: (504) 301-2549 Facsimile: (504) 301-3381 E-mail: cristian@silvalawfirm.net TASTY FAST: Faces "Zapata" Suit Over Failure to Pay Overtime ------------------------------------------------------------ Luis Alberto Aldana Zapata, individually and on behalf of others similarly situated v. Tasty Fast Food Inc., (d/b/a Tasty Fast Food), Tasty Fast Food III Inc. (d/b/a Tasty Fast Food), Kostas Papacostas, Pantelis Pelekis (a.k.a. Peter Pelekis), and Johnny Doe, Case No. 1:17-cv-07003 (E.D.N.Y., December 1, 2017), is brought against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Defendants operate a fast food restaurant located at 113-27B Queens Blvd, Forest Hills, NY 11375. [BN] The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, PC 60 East 42nd Street, Suite 2540 New York, NY 10165 Telephone: (212) 317-1200 E-mail: Michael@Faillacelaw.com TEZOS: Foundation's Probe Likely to Clear Gevers of Mismanagement ----------------------------------------------------------------- swissinfo.ch has learnt that a Tezos Foundation internal inquiry is likely to clear president Johann Gevers of all allegations of financial impropriety and mismanagement made by Tezos founders Arthur and Kathleen Breitman. Although the foundation's probe has yet to be finalised, information received by swissinfo.ch indicates that an independent audit appears to offer no evidence that Gevers tried to manipulate a bonus payment to himself earlier this year. The audit may also show that Gevers has no case to answer against other allegations that surfaced in October. An official verdict is expected "in a few days" once the three foundation board members, including Gevers, have completed their examination of the evidence. In October, Arthur Breitman issued a statement demanding the removal of Gevers, claiming he had "engaged in an attempt at self-dealing, misrepresenting to the council the value of a bonus he attempted to grant himself". The meteoric rise of Swiss involvement in the initial coin offering (ICO) boom has encountered further turbulence with a serious governance spat . . . The Breitmans claimed that Mr. Gevers had awarded himself Tezos tokens worth around $1.5 million (CHF1.49 million), which he attempted to pass off as $300,000 by downplaying the value of the "tezzies". But it is believed the audit will not agree with the Breitmans' suspicions of underhand dealings. Mr. Gevers has strenuously denied what he says are "lies" directed against him, accusing the Breitmans of conducting a smear campaign. "No person in their right mind -- let alone someone like me, who has a long track record of impeccable integrity and working in the interest of the community and building the world-leading Crypto Valley ecosystem -- would do the things I am being accused of," he wrote in an email to swissinfo.ch in October. He added that he was "one of the largest [financial] contributors" to the Tezos initial coin offering (ICO) crowdfunding sale in July. Bitter personal row Mr. Gevers heads a foundation responsible for allocating a huge stockpile of assets, now worth around $800 million, to develop the Tezos system by building a team of developers and finding business and social applications for the blockchain smart contract system. The foundation was set up in Zug this summer to house the assets of a Tezos ICO that raised $232 million in a matter of days. Because investors paid for tokens in bitcoin or ether (two cryptocurrencies), that figure has rapidly inflated on the back of soaring cryptocurrency values. Arthur Breitman's October statement, entitled "The Path Forward", also accused the foundation of falling behind in its mandate to move the Tezos project forward. "Recruiting came to a standstill and communications to the community languished waiting for approval," it said. The bitter personal row between Gevers and the Breitmans has set the Tezos project back at least two months. It has also resulted in three class-action lawsuits in the United States that claim investors were fooled into parting with their money in July by misleading Tezos statements. Once the Tezos system is operational, the foundation will incrementally take over the company owned by the Breitmans, Dynamic Ledger Solutions, and its intellectual property rights, which will be released under a free software license. [GN] TOYOTA CORP: Soy Wiring Class Suit Filed in Massachusetts --------------------------------------------------------- David A. Wood, writing for CarComplaints.com, reports that a Toyota soy wiring class-action lawsuit alleges rats, mice, squirrels and other animals are enticed to chew the wires that causes damage to all kinds of electrical components, leaving Toyota owners to pay thousands for repairs. Additionally, the lawsuit alleges those repairs are made with the same problematic soy wiring, causing owners to continually pay for repairs. The proposed class-action lawsuit includes all consumers in Massachusetts who incurred out-of-pocket expenses related to soy wiring and who currently own or lease, or previously owned or leased, any of the following vehicles: 2011-2016 Toyota 4Runner 2013-2016 Toyota Avalon 2012-2016 Toyota Camry Hybrid 2009-2016 Toyota Camry 2014-2016 Toyota Corolla 2014 Toyota FJ Cruiser 2009, 2012, 2015 Toyota Highlander 2009 Toyota Matrix 2010-2015 Toyota Prius 2012-2015 Toyota Prius C 2008-2016 Toyota Rav4 2014-2016 Scion TC 2012-2015 Toyota Sequoia 2011-2014 Toyota Sienna 2014, 2015 Toyota Tacoma 2007-2016 Toyota Tundra 2010, 2013 Toyota Venza Ltd Plaintiff Ray Roscoe says wiring in cars used to be coated with a glass, plastic or polymer-based insulation, but automakers now routinely use materials to save money and allegedly be good for the environment. Toyota allegedly did this with the wiring, choosing soy-based insulation over petroleum-based insulation. Owners claim the automaker uses the soy wiring to save money at the expense of customer safety because the damaged wires cause multiple safety hazards. The plaintiff claims Toyota is using the soy wiring as a good source of incoming for the company and dealerships by charging customers with the repair costs and by selling traps, repellents and other items as preventive measures. In place of covering repairs under warranty, the automaker allegedly says the chewed wires are classified under "other environmental conditions" which are not covered. The warranty specifically excludes damage from "[a]irbone chemicals, tree sap, road debris (including stone chips), rail dust, hail, floods, wind storms, lightning and other environmental conditions." Roscoe says he purchased a 2012 Toyota Sequoia from an authorized Toyota dealership in Massachusetts in May 2015 for $37,884.80. Mr. Roscoe says he also purchased an additional extended warranty called a "Vehicle Service Agreement" for $1,250. During a trip in May of 2016, a mouse crawled up the leg of the plaintiff's wife and again crawled onto her shoulder later during the trip while she was riding in the passenger seat. His wife says she screamed and had to whack the mouse off of her two times during the trip. When Roscoe brought his Toyota Sequoia to the dealership for a routine oil change on December 8, 2016, he allegedly learned mice had caused extensive damage to the truck. The mice had chewed through so much of the wiring the dealership allegedly told him to immediately stop driving the truck because it could catch fire. Mr. Roscoe requested that Toyota replace the wiring with wiring that wasn't soy-based but Toyota allegedly told him that rodent damage to the wiring in his truck was not covered under his warranty as it was considered an "outside source of damage to the car." The dealer allegedly had to rip the entire truck apart in order to remove the rodents and repair the damage. When the plaintiff received his truck back from the dealership, the interior was allegedly covered in scratches due to seats and sides being removed and put back together. Because of the soy wiring, the plaintiff says he incurred out-of- pocket expenses including lost use of his truck for nearly two months, rental car fees and a decreased resale value. Mr. Roscoe claims he paid $613.57 to Hertz for a rental car for three weeks and three days and his wife had to share her car for an additional month because they could not afford to pay for the rental car. The lawsuit alleges Mr. Roscoe's wife struggled to find rides to and from work with friends and co-workers. According to the lawsuit, Mr. Roscoe's insurance company paid out $16,793.79 to the Toyota dealership to replace the soy wiring with the exact same rodent-attracting wiring despite a request not to use the same wiring. The Toyota soy wiring class-action lawsuit was filed in the U.S. District Court for the District of Massachusetts - Roscoe v. Toyota Motor Sales USA Inc. The plaintiff is represented by Connor Morneau & Olin LLP. Toyota has been hit with soy wiring class-actions in the past, including one from 2016. [GN] TRIANGLE CAPITAL: Vincent Wong Files Securities Class Action ------------------------------------------------------------ The Law Offices of Vincent Wong disclosed that a class action lawsuit has been commenced in the USDC for the Southern District of New York on behalf of investors who purchased Triangle Capital Corporation ("Triangle") (NYSE:TCAP) securities between May 7, 2014 and November 1, 2017. Click here to learn about the case: http://www.wongesq.com/pslra- sb/triangle-capital-corporation?wire=2. There is no cost or obligation to you. The complaint alleges that the Company issued materially false and misleading statements and/or failed to disclose that: (i) Triangle's investment professionals had internally recommended moving away from mezzanine loan deals; (ii) the Company's former CEO, Garland S. Tucker, III, had ignored the advice of Triangle's investment professionals to chase higher short-term yields by causing Triangle to invest in mezzanine debt despite the poor quality of the loans and their increased risk of defaults and nonaccruals; (iii) the Company's 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 in place at the time of the investments; (iv) more than 13% of Triangle's investment portfolio at cost was at risk of non-accrual and, thus, the fair value of the Company's asset portfolio was artificially inflated; (v) Triangle had materially understated the number of loans performing below expectations and/or in non-accrual and had delayed writing down impaired investments; and (vi) Triangle failed to implement effective underwriting policies and practices to ensure it received appropriate risk-adjusted returns on its investments. If you suffered a loss in Triangle you have until January 22, 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. To obtain additional information, contact Vincent Wong, Esq. either via email vw@wongesq.com, by telephone at 212.425.1140, or visit http://www.wongesq.com/pslra- sb/triangle-capital-corporation?wire=2. Vincent Wong, Esq. is an experienced attorney that has represented investors in securities litigations involving financial fraud and violations of shareholder rights. Attorney advertising. Prior results do not guarantee similar outcomes. Vincent Wong, Esq. The Law Offices of Vincent Wong Tel: 212-425-1140 Fax. 866-699-3880 Email: vw@wongesq.com [GN] UBER TECHNOLOGIES: Sued in Ill. Over Unlawful Use of Drivers Data ----------------------------------------------------------------- Junaid Patni, Charlene Marsh and Kimberly Crawl, on behalf of themselves and others similarly situated v. UBER Technologies, Inc., Rasier, LLC, Travis Kalanick, Salle Eun Yoo, Angela M. Padilla, Katherine Tassi, Sabrina Ross, Craig Clark, John Flynn, Joe Sullivan, Dara Khosrowshahi, Unknown John Does and Jane Does, Case No. 1:17-cv-08709 (N.D. Ill., December 1, 2017), is brought on behalf of a nationwide class of Drivers who utilize or have utilized Uber's mobile/smartphone application for the purpose of obtaining passengers or riders, to obtain injunctive and declaratory relief to remedy Uber's unlawful collection and misuse of their personal data. The Defendants operate a global taxi technology company located at 1455 Market St. #400, San Francisco, California 94103. [BN] The Plaintiff is represented by: James Vlahakis, Esq. Ahmad T. Sulaiman, Esq. Omar T. Sulaiman, Esq. Mohammed O. Badwan, Esq. Nathan C. Volheim, Esq. SULAIMAN LAW GROUP, LTD. 2500 South Highland Avenue, Suite 200 Lombard, IL 60148 Telephone: (630) 581-5456 E-mail: jvlahakis@sulaimanlaw.com UNITEDHEALTHCARE: Rivero Attorneys Obtains Hep C Drug Settlement ---------------------------------------------------------------- ALM reports that Rivero Mestre attorneys filed class actions against UnitedHealthCare Services Inc. and Florida Blue to obtain insurance coverage for almost 9,000 insureds nationwide after they were denied coverage for Harvoni, the first-ever cure for hepatitis C. The U.S. Food and Drug Administration approved Harvoni in October 2014 and gave it a rare breakthrough therapy label. It cures hepatitis C in 99 percent of cases with almost no side effects. But the cure comes at a steep price tag starting at $63,000 for the shortest course of treatment, which prompted some insurers to deny coverage and set stringent conditions. Rivero Mestre successfully obtained class-action settlements with United and Florida Blue to pay for Harvoni coverage. The two settlements obtained coverage on behalf of about 9,000 people and are conservatively valued at over $500 million. A West Palm Beach federal judge gave final approval in January in the United case after rejecting a challenge from 14 state attorneys general. Under the settlement, the insurer removed a requirement that policyholders demonstrate abstinence from drug and alcohol use for at least six months before treatment. The Florida Blue settlement received final approval in August 2016. Charlie Whorton, one of the attorneys from the Coral Gables firm pursuing the litigation, said major health insurance companies across the country have changed their guidelines to lift restrictions since the cases began. He said the result made it "one of the most gratifying cases" pursued by the firm. Rivero Mestre partners Andres Rivero -- arivero@riveromestre.com -- Jorge A. Mestre -- jmestre@riveromestre.com -- Alan H. Rolnick -- arolnick@riveromestre.com -- Amanda M. McGovern -- amcgovern@riveromestre.com --and Whorton -- cwhorton@riveromestre.com -- worked on the case along with team members Daniel Alvarez Sox and Bryan L. Paschal -- bpaschal@riveromestre.com [GN] VOLVO CARS: Neale's Bid to Certify Denied With Leave to Re-File --------------------------------------------------------------- The Hon. Jose L. Linares denied without prejudice, and with leave to move for recertification, the Plaintiffs' renewed motion for class certification in the lawsuit entitled JOANNE NEALE, KELLY MCGARY, SVEIN A. BERG, GREGORY P. BURNS, JEFFREY KRUGER, and KAREN COLLOPY individually and on behalf of others similarly situated v. VOLVO CARS Of NORTH AMERICA, LLC and VOLVO CAR CORPORATION, Case No. 2:10-cv-04407-JLL-JAD (D.N.J.). The Defendants' request for leave to file a sur-reply brief in opposition to Plaintiffs' reply brief is denied, as the Court has received adequate briefing to decide the present matter, according to the Order. The Plaintiffs' motion for leave to file a sur-sur-reply brief is denied as moot, as the Court will not consider Defendants' sur-reply brief. A copy of the Order is available at no charge at http://d.classactionreporternewsletter.com/u?f=mkNsLCfp WOLVERINE WORLD: 28 Locations in Michigan Contaminated with PFAS ---------------------------------------------------------------- Keith Matheny, writing for Detroit Free Press, reports that twenty-eight locations across Michigan, and rising, have been found contaminated with potentially health-harming chemicals once used in nonstick surfaces and firefighting foam. Gov. Rick Snyder in November launched a coordinated, statewide effort to find and begin addressing polyfluoroalkyl substances, or PFAS, which includes a group of man-made chemicals that were commonly used since the 1950s in stain-resistant carpeting, nonstick pots and pans, waterproof shoes and other household products. PFAS was also used in firefighting foam, particularly at military bases. Use of the chemicals was largely phased out by 2015. In Kent County, lawyers on Dec. 5 announced a class-action lawsuit against shoe manufacturer Wolverine World Wide, 3M Corp. and Waste Management Inc., for allegedly dumping PFAS and polluting groundwater in Belmont, Rockford and other areas of the county. 3M's Scotchgard was used in waterproofing boots and shoes made by Wolverine since the 1950s, and contained the chemical. Environmental activist Erin Brockovich, made famous by actress Julia Roberts' Oscar-winning portrayal, is working with the legal team on the Kent County litigation. "The scope of this contamination is alarming, and thousands in Kent County are now faced with unsafe drinking water and increased health risks," Ms. Brockovich said in a statement. According to the federal Agency for Toxic Substances and Disease Registry, studies have shown PFAS increases the risk of some cancers, can harm fetal development; decrease fertility and interfere with the body's hormones; cause high cholesterol; and affect the immune system. The chemicals don't easily break down in nature, and were so common, avoiding exposures is near-impossible. "Using very sensitive measurements, you can find it in the blood of everybody in the United States -- and, really, a high proportion of people in the world," said Dr. David Savitz, a Brown University epidemiologist who's serving as an academic adviser to Snyder's Michigan PFAS Action Response Team, in an interview with WOOD Radio on Dec. 6. The Kent County class-action suit seeks immediate blood-testing, health and environmental monitoring and damages for residents who have been harmed by the pollutants, uncovered in DEQ groundwater testing this past summer. The companies named in the lawsuit "knew or should have known," said Sharon Almonrode, a Rochester attorney with the Miller Law Firm, who is part of the legal team representing the proposed class-action participants. "These residents are obviously facing a great deal of uncertainty. Parents are worried about their children. (And) property values have been diminished as a result of being within the zone of the contamination." Military bases often source At least five contaminated areas in Michigan are connected to current and former military facilities, where the firefighting foam was used in training and fire suppression for decades: contamination of the Clinton River and northern Lake St. Clair, believed connected to Selfridge Air Force Base; near Camp Grayling; near the Alpena Combat Readiness Training Center, and the now-shuttered Wurtsmith Air Force Base in Oscoda and K.I. Sawyer Air Force Base in Marquette. The DEQ and U.S. Air Force have spent the past five years dealing with a PFAS-containing groundwater plume emanating from the former Wurtsmith base into other parts of Oscoda. The legacy from years of firefighting foam use on the base is so pervasive, the DEQ has yet to determine the outermost boundary of the contamination plume. And now, a new manifestation of the harmful chemicals has emerged -- in surface foam on Van Etten Lake, just northeast of the former Wurtsmith base. Samples of the foam tested this summer and fall by the DEQ had PFAS at up to 110,000 parts per trillion, more than 1,500 times the EPA advisory level. "Frankly, we didn't think to check the foam," said DEQ external relations director Sue Leeming, adding that the foam was thought to be naturally occurring and not related to PFAS. DEQ officials are still trying to determine whether the foam is from the chemical, or whether naturally occurring lake foam in some way concentrates PFAS, Ms. Leeming said. "This is an emerging issue," she said. The local and state health departments, in late September, advised visitors to the lake to avoid ingesting the foam. The Van Etten Lake Association, a property owners' group, has called on the Air Force to immediately address the lake foam problem. "It certainly impacts the use of property," said Anthony Spaniola, a Troy attorney whose family has owned frontage on Van Etten Lake for years. "Common sense tells you you're not going to let your kids go out and play in that. You're not going to let your dogs drink that water. And what's it doing to the fish?" The DEQ has also sampled foam from Lake Margrethe in Crawford County, where the Michigan National Guard's Camp Grayling Joint Maneuvering Training Center has long operated on the southern end of the lake. Municipal wells in Grayling are showing low levels of PFAS, according to the DEQ, and eight residential wells in the area have tested for PFAS levels above the EPA's 70 parts-per-trillion advisory guideline. "Filters are being provided to approximately 90 homes in the area, and ongoing discussions are needed to determine if filters should be provided to additional homes until a long-term solution is identified," the state PFAS Action Response Team states on its website. Damage done years ago PFAS chemicals were detected in water samples taken from the Clinton River and Lake St. Clair on Aug. 31. The samples were taken near the city of Mt. Clemens and along the lake shoreline just north of the Selfridge Air National Guard Base in Harrison Township. As a follow-up to the initial findings, fish and surface water samples were collected from Lake St. Clair north and south of Mt. Clemens in November. Water samples were also taken from four sites along the Clinton River, and at a drain near the north perimeter of the Selfridge base "to determine the distribution and magnitude of contamination," the state PFAS Task Force website states. The DEQ has also asked water treatment plants in the area to sample for PFAS. Harrison Township Supervisor Kenneth Verkest said the DEQ has not yet discussed the contamination finding with township officials, but speculated that may because they don't yet fully understand what they are dealing with. "If you're discovering something that goes back God knows how many years, and there are questions about the potential impact, it may be unwise to take an overly alarming (approach)," he said. "Throughout our history, we've made ecological mistakes. Certainly not in every case did we know we were making ecological mistakes. "We've treated the lake horribly for decades. The good news is, people are paying more attention to these issues. The bad news is, every day, it seems, we find out we did something in the past that we thought was OK, and we found out it wasn't." Drinking water a top concern The state's new PFAS Action Response Team combines the departments of Environmental Quality, Health and Human Services, Military and Veterans Affairs, and Agriculture and Rural Development. Its priority: to put government in the best position to respond quickly and effectively to the emerging contaminant, said Carol Isaacs, executive director. "It pulls together a team at the state level that allows for really enhanced coordination," she said. The state's short-term strategy on PFAS has focused on drinking water -- getting those with affected residential wells a different water source. "There's quite a bit of science that went behind that (EPA 70 parts-per-trillion) action level," said Dr. Eden Wells, chief medical executive for the Michigan Department of Health and Human Services. "Seventy is a pretty conservative number. It does take into account pregnant women, fetuses. And it's a lifetime advisory level -- if I have a water level of 60 in my home, I could probably drink from that water for the rest of my life, without any untoward health effects." But some Oscoda residents say more is required than addressing residential and municipal wells -- particularly with the emerging issue of contaminated foam on area lake surfaces. "The Air Force didn't do anything wrong in using this (firefighting) foam, based on what they were told by the manufacturer. As a veteran, I don't say they are the bad guys," said Van Etten Lake Association member Arnie Leriche, who serves as a civilian member on the Former Wurtsmith AFB Restoration Advisory Board. "But now that they know they have to clean it up, I want them and their budget people to push Congress and get the funding they need with the same force with which they won the Cold War." Messages left with the Air Force's Civil Engineer Center weren't immediately returned on Dec. 8. A military spending bill approved by both the House and Senate in November includes $7 million for a 5-to-7-year health study of citizens exposed to PFAS in firefighting foam; and $72.2 million for Navy and Air Force firefighting foam-related contamination remediation. President Donald Trump is expected to sign the bill, but has not yet taken action on it. [GN] XOMA CORP: Purcell Investigates Potential Fiduciary Duty Breach --------------------------------------------------------------- Purcell Julie & Lefkowitz LLP, a class action law firm dedicated to representing shareholders nationwide, is investigating a potential breach of fiduciary duty claim involving the board of directors of XOMA Corporation (NASDAQ: XOMA). If you are a shareholder of XOMA Corporation and are interested in obtaining additional information regarding this investigation, free of charge, please visit us at: http://pjlfirm.com/xoma-corporation/ You may also contact Robert H. Lefkowitz, Esq. either via email at rl@pjlfirm.com or by telephone at 212-725-1000. One of our attorneys will personally speak with you about the case at no cost or obligation. Purcell Julie & Lefkowitz LLP -- http://pjlfirm.com-- is a law firm exclusively committed to representing shareholders nationwide who are victims of securities fraud, breaches of fiduciary duty and other types of corporate misconduct. [GN] YUMMYEARTH INC: Sandooval Moves to Certify Class of Consumers ------------------------------------------------------------- Summer Sandooval moves for an order that the action entitled The SUMMER SANDOOVAL, individually, and on behalf of all others similarly situated v. YUMMYEARTH INC. ET AL.; and DOES 1-25, Inclusive, Case No. 5:17-cv-01832-TJH-KK (C.D. Cal.), may proceed as a class action against the Defendant and that the class, certified for purposes of injunctive relief and damages be defined as: All residents of the United States who purchased YumEarth Organics Vitamin C Pops labeled with "Evaporated Cane Juice" at any time during the four years preceding the filing of the Complaint, or in the alternative, All residents of California who purchased YumEarth Organics Vitamin C Pops labeled with "Evaporated Cane Juice" at any time during the four years preceding the filing of the Complaint The Plaintiff also asks to be appointed as the representative for the Class. The Plaintiff further seeks the appointment of Ryan M. Ferrell, Esq., and Thomas W. Kohler, Esq., of Apex Trial Law as class counsel. The Court will commence a hearing on January 22, 2018, at 9:30 a.m., to consider the Motion. A copy of the Motion is available at no charge at http://d.classactionreporternewsletter.com/u?f=obKCFL2i The Plaintiff is represented by: Thomas W. Kohler, Esq. Ryan M. Ferrell, Esq. APEX TRIAL LAW A PROFESSIONAL CORPORATION 4100 Newport Place Drive, Suite 800 Newport Beach, CA 92660 Telephone: (949) 438-0033 Facsimile: (949) 299-0133 E-mail: tkohler@apextrial.com rferrell@apextrial.com * Lawyer Sues Media Outlets Over Videos Without Closed Captioning ----------------------------------------------------------------- John O'Brien, writing for Legal Newsline, reports that a lawyer accused by his opponents of exploiting the blind to recover millions of dollars from shakedown lawsuits is now representing a deaf man who has sued a dozen media outlets. Personal injury lawyer C.K. Lee has decided to target yet another industry over the accessibility of its websites, an ever-growing area of practice for plaintiffs attorneys. Since April, he's filed 12 lawsuits against various media outlets, including Barstool Sports, BET Interactive and Gannett Satellite Information Network. The lawsuits, brought under the Americans with Disabilities Act, allege the websites belonging to these corporate entities are not accessible to the deaf because their videos don't contain closed captioning. Rather than fight, defendants sued settled. "Just as buildings without ramps bar people who use wheelchairs, video content without captions excludes deaf and hard of hearing individuals," Mr. Lee's lawsuits say. "Despite readily available accessible technology, such as the technology in use at other heavily trafficked websites, which makes use of closed captioning for hearing impaired individuals, such as YouTube and Netflix, Defendant has chosen to post videos without closed captioning that are inaccessible to deaf and hard of hearing individuals." Mr. Lee's firm, the Lee Litigation Group, is one of the most active filers of class action lawsuits in the country, though its cases routinely settle in less than a year and before a class is ever certified. Most defendants don't care to fight -- paying off the named plaintiff before a class is certified can keep both legal fees and settlement costs down while avoiding an adverse verdict at trial. Mr. Lee's practice has been active in suing companies on behalf of the blind because their websites don't comply with the ADA, filing approximately 150 lawsuits in New York federal courts. New York City is one of the more popular jurisdictions for these types of lawsuits, as are California, Pennsylvania and Florida. Plaintiffs can usually only recover $500 in each case, but attorneys use the same plaintiffs many times in their lawsuits. In fact, Lee has used a blind man named Derrick Anderson in 24 lawsuits. Their partnership was the subject of a recent New York Post article published after one company filed its opposition to being sued. "(T)his case has nothing to do with the purported 'harm' Plaintiff suffered by not being able to make a reservation, as Mr. Anderson is a serial plaintiff that is profiting off of the uncertainty in the law and the settlements derived as a result," attorneys for Sela Group Hotel wrote in an Oct. 6 motion to dismiss. "Plaintiff's counsel, on the other hand, has undoubtedly recovered millions of dollars from the approximately 140 similar ADA complaints commenced since May 26, 2015. "Make no mistake, this case is about extracting settlements and capitalizing on the uncertainty in the laws. Every business that has a website is exposed to this shakedown." That "shakedown" has spread to the press. Mr. Lee's deaf client is Phillip Sullivan Jr. His complaints specify the videos he attempted to watch that did not feature closed captioning. Mr. Sullivan and Mr. Lee's first round of lawsuits was filed April 7-May 4 against Conde Nast Entertainment, Prometheus Global Media, Vox Media, The Slate Group, Daily News LP and American City Business Journals. Each of those cases settled before the defendant ever filed a motion to dismiss. So Messrs. Sullivan and Lee began a second round on Sept. 29, suing Sightline Media Group, Barstool Sports, BET Interactive Gannett Satellite Information Network, WP Company and BH Media Group. Those companies have yet to file an answer in court and attorneys for four of them did not respond to messages seeking comment. "We've seen restaurants, retailers and colleges hit with these website lawsuits," said Tom Stebbins, the executive director of the Lawsuit Reform Alliance of New York. "Now the same lawyers are going after the media? Filing a flurry of lawsuits to cash in on quick settlements is not going to increase access for the disabled." Such lawsuits have become popular in recent years as the Department of Justice has delayed formal regulations. Those regulations, which will determine how to make a website compliant with the ADA, were first announced in 2010 but won't be issued until next year, at the earliest. Earlier this year, a blind plaintiff scored a victory in the first trial over website accessibility under the ADA. The judge also ordered Winn-Dixie to update its site, and the company has appealed to the U.S. Court of Appeals for the 11th Circuit. In the Winn-Dixie case, Florida federal judge Robert Scola ruled that the company's website is heavily integrated with the company's physical store locations, making it subject to the ADA. Months after the victory, Judge Scola approved plaintiffs attorneys' request for more than $105,000 in fees. "Lawyers have turned this litigation into a cottage industry," Stebbins said. "The federal government needs to put a stop to it, return the law to its worthy intentions, and come up with clear guidelines for how the ADA applies to the internet." That uncertainty has led to the vast amount of settlements. A month after the New York Post article about Mr. Lee was published, he and Sela Group Hotel reached a confidential agreement. Earlier, he had defended his rights to represent Anderson in the string of cases. "By arguing that the ADA does not apply to websites, Defendant seeks to impose more isolation, exclusion and frustration to the lives of blind individuals who already lead a challenged and compromised existence," Mr. Lee wrote in response to Sela Group's motion to dismiss. "The exclusion of the blind from the freedom that websites provide to sighted people in the analog world is as egregious as a staircase that precludes a wheelchaired individual from physical access." [GN] ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Marion Alcestis A. Castillon, Jessenius Pulido, Noemi Irene A. Adala, Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche Maricon Castillon-Lopez, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2018. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. * * * End of Transmission * * *