/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/180713.mbx C L A S S A C T I O N R E P O R T E R Friday, July 13, 2018, Vol. 20, No. 140 Headlines ABSOLUTE RESOLUTIONS: Sandoval Sues Over Illegal Debt Collection AETNA LIFE: Sued for Denying Mental Health Services Coverage AGRO MERCHANTS: Accused by "Lacy" Suit of Not Paying Overtime AKERS BIOSCIENCES: Gleason Files Securities Class Suit in N.J. ANTHEM PRODUCTIONS: Fails to Pay All Wages, "Douglas" Suit Claims APELLES LLC: Sued by Hughes Over False Debt Collection Practices APPLE INC: Faces "Kou" Suit Over Defective Keyboards in Laptops APPLE INC: Admits MacBook Keyboards Are Broken APPLE INC: Addresses Macbook Keyboard Flaws After Class Action ASSEENONTVSTORE.COM: "Wuest" Suit Alleges Invasion of Privacy AUSTIN, TX: Smith Sues Over Handling of Sexual Assault Cases BANGKOK CAFE: "Palmer" Suit Seeks to Recover Unpaid Wages BANKERS LIFE: Blind-Inaccessible Web Site Violates ADA, Wu Avers BELSTAFF 1924: Olsen Sues Over by Blind-Inaccessible Web Site BHP: Adero Law Prepares Class Action Over Casualisation BIMBO BAKERIES: "Camp" Suit Alleges FLSA Violations BP WEST COAST: "Rinaldi" Suit Asserts Gas Price Manipulation BRAND ENERGY: Fails to Pay All Compensable Hours, McClure Says C2 EDUCATIONAL: Melchor Seeks to Recover Minimum & Overtime Wages CALIFORNIA CARTAGE: Settles Warehouse Conditions Lawsuit CAPITAL ONE: "Dress" Suit Alleges Breach of Contract CASO INC: Fails to Pay Minimum and Overtime Wages, Gonzalez Says CEDAR RAPIDS: Iowa Sup. Ct. Upholds Ruling in Flood Damage Suit CELGENE CORPORATION: Witchcoff Files Securities Class Suit CHARTER COMMUNICATIONS: Sued by Jimenez for Defrauding Consumers CHARTER COMMUNICATIONS: "Bryant" Suit Alleges TCPA Violation CHICAGO BAR: Staten Island Man Brings Class Suit Over RX Bars CHOP HOSPITALITY: Leisner Sues Over Invalid Tip Pool Practices CLARION BRANDS: "Advanced Obstetrics" Seeks Damages under TCPA CLASSMONEY.NET: Leo Sues Over Unsolicited Calls CLASSIFIED ADVERTISING: "Amini" Suit Alleges TCPA Violations COLLEGE OF THE NORTH ATLANTIC: Chided for Legal Maneuvering D&D ALBA: "Hernandez" Suit Seeks to Recover Minimum and OT Wages EL AL: Class Action Mulled Over Flight Delays, Cancellations EL GRAN VALLE: "Andujar" Suit Alleges FLSA and NYLL Violations EMSA CSTORE: "Ali" Suit Seeks to Recover Unpaid Overtime Wages ENTERGY CORP: New Law May Put an End to Customers' Lawsuit ENTERPRISE HOLDINGS: Fails to Pay OT Under FLSA, "Fernandez" Says EPIC SYSTEMS: Ruling Deals Blow to Workers' Rights ESPERION THERAPEUTICS: Bailey Files Securities Class Suit EXPRESS SCRIPTS: Zucker Seeks to Enjoin Vote on Merger With Cigna FACEBOOK INC: "Bouillon" Suit Alleges SCA Violation FIRSTFLEET INC: "Carnegie" Suit Alleges ERISA Violation FLEX PHARMA: Sued by Rumaldo for Overstating Viability of FLX-787 FRONTLINE ASSET: Debt Collection Violates FDCPA, "Boggerty" Says GEMINI DINER: Espindola Sues to Recover Minimum & Overtime Wages GENTLE RIDE: Fails to Pay Minimum & Overtime Wages, Martinez Says GO NEW YORK: Herbert Sues Over Staff Misclassification GRAYSLAKE AUTOS: "Eckles" Seeks to Recover Bonus for Sales Reps HASS INTERESTS: Fails to Pay Overtime Under FLSA, "Griffin" Says HARRIS CUISINE: Figueroa Sues Over Unpaid Wages HIGH Q AUTOMOTIVE: "Bowlby" TCPA Suit Alleges Invasion of Privacy HOSOPO CORPORATION: Accused by "Kiefer" Suit of Invading Privacy HYUNDAI MOTOR: Smolek Files Suit Over Faulty Theta II Engines IDAHO: To Establish In-House Public Defense Office Amid Suit ILLEN PRODUCTS: Gorss Challenges Sending of Unsolicited Faxes ISSUU INC: Sued by White for Violating TCPA and Invading Privacy JC PENNEY: Faces "Hernandez" Suit in N.Y. Over Unsolicited Texts JOHNNY'S PIZZA: Servers File Minimum Wage Class Action JOHNNY'S PIZZA: Ricker Seeks to Recover Minimum & Overtime Wages KANAN ENTERPRISES: Accused by "Covington" Suit of FLSA Violations KANSAS, USA: "Moore" Suit Seeks to Stop Release of Personal Info KANSAS, MO: "Black" Suit Alleges Due Process Rights Violation KANYE WEST: Must Face Lawsuit Over "The Life of Pablo" KENNETH EISEN: Not Covered Under Policy, Houston Specialty Claims KIM RILEY: Doe Files Suit for Racial Harassment, Verbal Assaults KLONDEX MINES: Faces "Baker" Securities Suit Over Sale to Hecla LIBRE TECHNOLOGY: Did Not Properly Pay Agents, "Hudson" Suit Says MAROSI INC: "Florian" Suit Seeks to Recoup Wages Under Labor Code MATCH GROUP: "Ditnes" Suit Alleges Consumer Fraud MCKENZIE FLORAL: Fails to Pay Minimum and OT Wages, Durango Says MENDEZ FUEL: Accused by Tello of Refusing to Pay Overtime Wages MERCHANT DIRECT: "Abante" Suit Alleges TCPA Violation MESSERLI & KRAMER: Debt Collection Violates FDCPA, Walters Claims METLIFE INC: "Roycroft" Suit Asserts Unjust Enrichment MILLER EMS: Accused by "Wilson" Suit of Not Paying OT Under FLSA MITEL NETWORKS: Cuddihey Challenges Acquisition by Searchlight MONSANTO COMPANY: "Wapsie" Suit Asserts Market Manipulation MUD MIXERS: "Ashcraft" Suit Seeks to Recover OT Pay Under FLSA MULTICARE: Patients Got Calls From Debt Collectors, Suit Says NAKATO SC INC: Pointer Seeks to Recover Wages Under FLSA, SCPWA NEWALTA ENVIRONMENTAL: Fails to Pay OT Wages, "Berryman" Alleges NOVARTIS PHARMACEUTICALS: LEHB Seeks Damages for Exforge Buyers NOVARTIS PHARMACEUTICALS: Shuts Exforge Competition, UFCW Claims NOVACOPY INC: Accused by Shelton of Discrimination Against Women ORTSAC MANAGEMENT: Fails to Pay Overtime, "Rodriguez" Suit Says PACESETTER PERSONNEL: "Lopez" Suit Alleges FCRA Violations PECOS VALLEY: Rager Seeks to Recoup Minimum, OT Wages for Drivers PENNSYLVANIA: Diamond Sues Over PSEA's "Fair-share Fees" PG&E CORPORATION: Faces "Moretti" Suit Over False Statements PINEVILLE MUNICIPAL: Subject of Class Action Lawsuit PRECISION GROUP: Fails to Pay Oilfield Workers' OT, Elizondo Says PURDUE PHARMA: "Chu" Suit Alleges RICO Act Violations PVH RETAIL: "Olmedo" Suit Removed From State Court to S.D. Cal. QUALCOMM INC: Jadhav Sues Over Broadcom's Frustrated Acquisition QUINSTREET INC: Bronstein Gewirtz Files Securities Class Action RELIANCE TRUST: Casey Files ERISA Class Suit Over Plan Losses RICH PRODUCTS: "Tellado" Suit Seeks to Stop Use of Biometric Data RPM PIZZA: Fredrickson Wants Minimum, Overtime Wages for Drivers SAMSONITE COMPANY: Jorge Sues Over Blind-Inaccessible Web Site SAULSBURY INDUSTRIES: Bryer Sues Over Unpaid OT Wages SHENANDOAH VALLEY: Denies Teenage Immigrant Abuse Allegations SHRI GANESHA: Accused by Bradley of Not Paying Wages Under FLSA STALLION OILFIELD: "Bourque" Suit Seeks to Recover OT Under FLSA STUDENT AID EXPERTS: "Brulee" Suit Alleges Invasion of Privacy SUCCESS PARTNERS: Magazine Aims at Rebirth Months After Layoffs TAL EDUCATION: Robbins Arroyo Files Securities Class Lawsuit TASTE OF NATURE: Buso Sues Over Cookies in Slack-Filled Packs THAI AP&O LLC: "Bunmat" Suit Alleges FLSA Violation THUNDERBIRD COLLECTION: "Bieber" Suit Alleges TCPA Violations TIDAL: Faces Class Action Over Kanye West 2016 Album TIEMPO COMMUNICATIONS: Does Not Pay Workers Properly, Says Tardy TMC RESTAURANT: "Davis" Suit Seeks to Recoup Misappropriated Tips TNT CRANE: Fails to Pay Overtime to Crane Operators, Repass Says UNITED HEALTHCARE: "Broward" Suit Alleges TCPA Violation UNITED STATES: Immigrant Reunification Prospects Remain Unclear UNITED STATES: Suit Aims to Seek Justice for Migrant Families UNIVERSITY OF SOUTHERN: 200 Ex-Students Join Sex Abuse Suit US OLYMPIC: Faces "Frederick" Class Suit Over Sexual Abuse USA HALLOWEEN: Fails to Pay Minimum & Overtime Wages, Adams Says VEGASSPORTSCONSULTANTS.COM: Mitchel Sues for Invasion of Privacy VERIZON COMMUNICATIONS: Faces Suit Over Sherman Act Violation VOLKSWAGEN: Exploding Sunroof Class Suit Partially Dismissed WELLS FARGO: Faces "Ecklund" Suit Over Fraudulent Investment WINDHAM PROFESSIONALS: Barnes Files Suit Over Autodialed Calls Asbestos Litigation ASBESTOS UPDATE: NRG Energy Objects to Claims of ComEd, Exelon ASBESTOS UPDATE: AMETEK Still Defends Suits at March 31 ASBESTOS UPDATE: Con Edison Accrues $8MM Liability at March 31 ASBESTOS UPDATE: Colfax Had $53.6MM Accrued Liability at March 30 ASBESTOS UPDATE: Colfax Had 18,067 Unresolved Claims at March 30 ASBESTOS UPDATE: MRC Global Faces 533 Suits at March 31 ASBESTOS UPDATE: WestRock Co. Had 675 PI Suits at March 31 ********* ABSOLUTE RESOLUTIONS: Sandoval Sues Over Illegal Debt Collection ---------------------------------------------------------------- GEORGINA C. SANDOVAL, on behalf of herself and those similarly situated v. ABSOLUTE RESOLUTIONS INVESTMENTS, LLC; ABSOLUTE RESOLUTIONS CORPORATION; FRONTLINE ASSET STRATEGIES, LLC; ANDREW DUNN; BRYON KOZAK; MARK NAIMAN; DANIEL WINKLER; and JOHN DOES 1 to 10, Case No. 2:18-cv-10904-SDW-SCM (D.N.J., June 21, 2018), alleges that the Defendants violated the Fair Debt Collection Practices Act by attempting to collect consumer debts on behalf of debt buyers operating in the state of New Jersey as a consumer lender or sales finance company without a license to do so under the New Jersey Consumer Finance Licensing Act, thereby, attempting to collect amounts not permitted by law. Absolute Resolutions Investments, LLC, is a foreign limited liability company with its principal place of business located in San Diego, California. Absolute Resolutions Corporation is a foreign corporation with its principal place of business located in San Diego. ARI is a shell company that is solely managed by ARC. Mark Naiman is the chief executive officer of ARI and ARC. Frontline Asset Strategies, LLC, is a foreign limited liability company located in Roseville, Minnesota, and engaged in the collection of defaulted consumer debts. Andrew Dunn is the managing member of FAS. Bryon Kozak and Daniel Winkler are managing members of FAS. The identities of Doe Defendants are currently unknown. The Defendants are not in the business of extending credit, selling goods or services to consumers, according to the complaint. The Defendants regularly collect or attempt to collect past-due and defaulted debts of natural persons allegedly owed to others, which were incurred primarily for personal, family or household purposes.[BN] The Plaintiff is represented by: Yongmoon Kim, Esq. KIM LAW FIRM LLC 411 Hackensack Avenue, Suite 701 Hackensack, NJ 07601 Telephone: (201) 273-7117 E-mail: ykim@kimlf.com AETNA LIFE: Sued for Denying Mental Health Services Coverage ------------------------------------------------------------ H.H., individually and on behalf of all others similarly situated; and V.G., individually, and on behalf of all others similarly situated v. AETNA LIFE INSURANCE COMPANY, Case No. 9:18-cv-80773-DMM (S.D. Fla., June 14, 2018), alleges violations of the Employee Retirement Income and Security Act. The lawsuit arises from the Defendant's alleged arbitrary decision to deny coverage for medically necessary mental health and substance use services when provided by licensed (a) wilderness therapy programs and (b) residential treatment centers even though the plans at issue facially covered both treatment services. Aetna Life Insurance Company is a Connecticut corporation founded in 1850 and is based in Hartford, Connecticut. Aetna Life provides group disability, basic life, dependent life, accidental death, personal loss, long-term care, and supplemental insurance products. The Company also offers beneficiary management services.[BN] The Plaintiffs are represented by: Jordan M. Lewis, Esq. JORDAN LEWIS, P.A. 4473 N.E. 11th Avenue Fort Lauderdale, FL 33334 Telephone: (954) 616-8995 Facsimile: (954) 206-0374 E-mail: jordan@jml-lawfirm.com - and - Edward H. Zebersky, Esq. ZEBERSKY PAYNE, LLP 110 S.E. 6th Street, Suite 2150 Ft. Lauderdale, FL 33301 Telephone: (954) 989-6333 Facsimile: (954) 989-7781 E-mail: ezebersky@zpllp.com AGRO MERCHANTS: Accused by "Lacy" Suit of Not Paying Overtime ------------------------------------------------------------- KEITH LACY, individually, and on behalf of other members of the general public similarly situated v. AGRO MERCHANTS OAKLAND, LLC, a 16 11 Delaware Limited Liability Company; and DOES 1 through 100, inclusive, Case No. RG18909127 (Cal. Super. Ct., Alameda Cty., June 18, 2018), alleges that the Defendants violate the California Labor Code by, among other things, failing to pay minimum and overtime wages, meal period premiums and rest period premiums. Agro Merchants is a Delaware limited liability company. The true names and capacities of the Doe Defendants are unknown to the Plaintiff.[BN] The Plaintiff is represented by: Douglas Han, Esq. Shunt Tatavos-Gharajeh, Esq. Daniel J. Park, Esq. JUSTICE LAW CORPORATION 411 North Central Avenue, Suite 500 Glendale, CA 91203 Telephone: (818) 230-7502 Facsimile: (818) 230-7259 E-mail: dhan@justicelawcorp.com statavos@justicelawcorp.com dpark@justicelawcorp.com AKERS BIOSCIENCES: Gleason Files Securities Class Suit in N.J. -------------------------------------------------------------- DAVID GLEASON, Individually and On Behalf of All Others Similarly Situated v. AKERS BIOSCIENCES, INC., JOHN J. GORMALLY, and GARY M. RAUCH, Case No. 2:18-cv-10805-ES-CLW (D.N.J., June 20, 2018), is brought on behalf of a class of persons or entities, who purchased or otherwise acquired Akers securities between May 15, 2017, through June 5, 2018, seeking to recover damages caused by the Defendants' alleged violations of the federal securities laws and to pursue remedies under the Securities Exchange Act of 1934. Founded in 1989, Akers is incorporated in New Jersey and headquartered in Thorofare, New Jersey. The Individual Defendants are directors and officers of the Company. Akers develops, manufactures, and supplies rapid screening and testing products designed to deliver healthcare information to healthcare providers and consumers. The Company also focuses on the development of proprietary platform technologies.[BN] The Plaintiff is represented by: Bruce D. Greenberg, Esq. LITE DEPALMA GREENBERG, LLC 570 Broad Street, Suite 1201 Newark, NJ 07102 Telephone: (973) 623-3000 Facsimile: (973) 623-0858 E-mail: bgreenberg@litedepalma.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com - and - Peretz Bronstein, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 Telephone: (212) 697-6484 E-mail: peretz@bgandg.com ANTHEM PRODUCTIONS: Fails to Pay All Wages, "Douglas" Suit Claims ----------------------------------------------------------------- CARLTON DOUGLAS, on behalf of himself, individually, and on behalf of all others similarly-situated v. ANTHEM PRODUCTIONS, LLC d/b/a SOUND, STAGE, AND LIGHTING, and ADVANCED AUDIO TECHNOLOGY, LLC d/b/a ANTHEM SSL, and EVAGGELOS POULOS a/k/a ANGELO POULOS, individually, and JOSEPH LODI, individually, and JASON OJEDA, individually, Case No. 1:18-cv-05789 (S.D.N.Y., June 26, 2018), alleges that the Defendants failed to pay the Plaintiff and other hourly employees all of the wages lawfully due to them under the Fair Labor Standards Act and the New York Labor Law. Anthem is a limited liability company organized and existing under the laws of the state of New York, with its principal place of business located in Mount Vernon, New York. Anthem, as the successor entity of Defendant AAT, assumed liability for all debts, legal obligations, and claims against AAT. Anthem is a full-service live event production and permanent audio video and effects installation company. AAT is a limited liability company organized and existing under the laws of the state of New York, with its principal place of business located in Bronx, New York. From January 1, 2016, Defendants Poulos, Lodi, and Ojeda owned, operated, and/or managed AAT.[BN] The Plaintiff is represented by: Dong Phuong V. Nguyen, Esq. Alexander T. Coleman, Esq. Michael J. Borrelli, Esq. BORRELLI & ASSOCIATES, P.L.L.C. 1010 Northern Boulevard, Suite 328 Great Neck, NY 11021 Telephone: (516) 248-5550 Facsimile: (516) 248-6027 E-mail: dpvn@employmentlawyernewyork.com atc@employmentlawyernewyork.com mjb@employmentlawyernewyork.com APELLES LLC: Sued by Hughes Over False Debt Collection Practices ---------------------------------------------------------------- ERICA HUGHES aka ERICA TYUS individually and on behalf of all others similarly situated v. APELLES, LLC, and JOHN DOES 1-25, Case No. 2:18-cv-02408 (W.D. Tenn., June 14, 2018), arises from the Defendant's alleged deceptive, misleading and false debt collection practices, which violates the Fair Debt Collection Practices Act. Apelles is a "debt collector" as the phrase is defined in the FDCPA with an address in Columbus, Ohio. The Defendant is a company that uses the mail, telephone, and facsimile and regularly engages in business the principal purpose of which is to attempt to collect debts alleged to be due another. The identities of the Doe Defendants are currently unknown to the Plaintiff.[BN] The Plaintiff is represented by: Yaakov Saks, Esq. STEIN SAKS, PLLC 285 Passaic Street Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: ysaks@steinsakslegal.com APPLE INC: Faces "Kou" Suit Over Defective Keyboards in Laptops --------------------------------------------------------------- KEVIN KOU, on behalf of himself and all others similarly situated v. APPLE, INC., Case No. 3:18-cv-03570 (N.D. Cal., June 14, 2018), is a consumer class action on behalf of those who purchased in the United States an Apple laptop containing defective keyboards with butterfly mechanisms. Though the Class Laptops contain three iterations of the Keyboards, each iteration suffers from the same fundamental defect in that the Keyboards' internal components are unshielded from contaminants, like dust, which can cause failure of the Keyboards' delicate internal components, leading to: failures to register key presses, the registering of ghost key presses, keys getting stuck, or alterations to the tactile response of the keys, the Plaintiff alleges. He contends that failures from the Keyboard Defect are recurrent, arise through no fault of the user, and often cause permanent failures of the key, rendering the Keyboard and the Class Laptop unsuited for their ordinary use of retrieving and inputting data. Apple, Inc., is a California corporation with its principal place of business Cupertino, California. Apple designs, manufactures, markets, advertises, sells, distributes, and warrants laptops, other personal computing products, smartphones, and accessories.[BN] The Plaintiff is represented by: Nicholas Migliaccio, Esq. Jason Rathod, Esq. Esfand Nafisi, Esq. MIGLIACCIO & RATHOD LLP 388 Market St., Suite 1300 San Francisco, CA 94111 Telephone: (415) 489-7004 Facsimile: (202) 800-2730 E-mail: nmigliaccio@classlawdc.com jrathod@classlawdc.com enafisi@classlawdc.com APPLE INC: Admits MacBook Keyboards Are Broken ---------------------------------------------- Casey Johnston, writing for The Outline, reports that eight months after a surge of complaints, Apple announced a repair program for its flawed MacBooks and MacBook Pros. At long last, Apple admitted to its customers that its MacBook and MacBook Pro keyboard designs are so flawed and prone to sticking or dead keys, as originally reported by The Outline in October, and that it will cover the cost of repairs beyond the products' normal warranty. The admission comes after the company has been hit with no fewer than three class action lawsuits concerning the computers and their ultra-thin butterfly-switch keyboards. While the repair and replacement program covers costs and notes that Apple will repair both single keys as well as whole keyboards when necessary, it doesn't note whether the replacements will be a different, improved design that will prevent the problem from happening again (and again, and again). Having become a one-woman clearinghouse for people complaining about these keyboards since I broke this story, I feel justified in saying that keyboard failures -- dead keys, sticking keys, double-spacing spacebars -- appear to happen early and often, and repairs do not permanently fix the issue. I also feel justified in saying that the design on offer as recently as February still presented the exact same issues as the design I purchased in the fall of 2016. In the same vein, it is worth noting that, prior to the announcement of the program, repairs involved almost exclusively swapping out the entire top case of the keyboard. This process required shipping the computer out to one of Apple's remote service centers, and then shipping it back either to the customer or the Apple store, a total turnaround time of about five days if the computer was brought directly to an Apple store in the first place. Apple did not immediately return a request from this reporter for comments on whether repairs may now be done on site at stores to shorten the time customers must be without their computers; whether the keyboard design has changed such that a repair may eliminate the problem rather than prop up a faulty design; or whether Apple anticipates releasing updated hardware that is not so prone to failure at any point in the future. Perhaps their keyboards, too, are broken. The support page that Apple posted describing the program notes that devices will be supported for four years after the date of purchase. Apple will not only foot the bill for future repairs and replacements, but offer refunds to customers who may have paid to have their computers fixed in the time between warranties running out and the program's announcement. Covered computers include the 12-inch MacBook going back to early 2015 all the way up to 2017 models of both 13- and 15-inch sizes of the MacBook Pro. Until Apple confirms that the design of its computers is somehow different, and even maybe then, given its overall poor judgment in this matter, my personal recommendation would still be: don't buy them.[GN] APPLE INC: Addresses Macbook Keyboard Flaws After Class Action -------------------------------------------------------------- Brendon Foye, writing for CRN, reports that Apple has officially addressed the flaws with the keyboards included in Macbook and Macbook Pros that caused customers to file a class action lawsuit. The vendor said it had determined problems with a "small percentage" of the "butterfly" keyboards that come with the laptop lineups between 2015 and 2017. Apple identified the issues as: -- Letters or characters repeat unexpectedly -- Letters or characters do not appear -- Key(s) feel "sticky" or do not respond in a consistent manner To help address the problem, Apple launched the keyboard service program, where Apple or one of its authorised service providers will service eligible keyboards for free. Apple said the type of service will depend after it has been examined and could include replacing multiple keys or a full keyboard replacement. The service is available for customers worldwide and will be valid for four years after the laptop is first purchased at retail. The butterfly keyboard replaced the traditional scissor-based keyboard in April 2015 with the reimagined Macbook, which reduced key thickness by 40 percent, making it Apple's thinnest laptop at the time. It was later included in the Macbook Pro lineup in 2016. In May, a lawsuit was filed in the United States District Court Northern District of California, alleging that Apple was aware of the issue at the time or before the laptops went on sale. According to the class action, Apple attempted to avoid its warranty responsibilities by failing to "provide an effective remedy for the defect, instead instructing consumers to attempt futile repairs or troubleshooting, and fails to provide an effective repair that does not lead to repeated keyboard failure". "Apple representatives frequently attempt to pass blame for the defective keyboards to consumers, telling the consumers that their problems are due to dust and debris getting under the keyboard, and that consumers -- not Apple -- should try to fix this problem." [GN] ASSEENONTVSTORE.COM: "Wuest" Suit Alleges Invasion of Privacy ------------------------------------------------------------- Richard Wuest, individually and on behalf of a class of similarly situated individuals v. Asseenontvstore.Com, and Does 1 through 50, Case No. BG18983495 (Calif. Super., May 3, 2018), is brought against the Defendants for violations of California's Invasion of Privacy Act. The Plaintiff, Richard Wuest is an individual and a resident of California. The Defendant ASSEENONTVSTORE.COM is a Delaware corporation with its headquarters in Edison, New Jersey. Defendant owns the ASSEENONTVSTORE.COM trademark and has a website with the URL https://www.asseenontvstorc.com. [BN] The Plaintiff is represented by: Eric A. Grover, Esq. Robert Spencer, Esq. KELLER GROVER LLP 1965 Market Street San Francisco, CA 94103 Tel: (415) 543-1305 Fax: (415) 543-7861 E-mail: eagrover@kellergrover.com rspencer@kellergrover.com AUSTIN, TX: Smith Sues Over Handling of Sexual Assault Cases ------------------------------------------------------------ AMY SMITH, JULIE ANN NITSCH, and MARINA CONNER, each individually and as representatives of all others similarly situated v. CITY OF AUSTIN, TRAVIS COUNTY DISTRICT ATTORNEY MARGARET MOORE, FORMER TRAVIS COUNTY DISTRICT ATTORNEY ROSEMARY LEHMBERG, AUSTIN POLICE CHIEF BRIAN MANLEY, FORMER AUSTIN POLICE CHIEF ART ACEVEDO, TRAVIS COUNTY SHERIFF SALLY HERNANDEZ, and TRAVIS COUNTY, TEXAS, Case No. 1:18-cv-00505-LY (W.D. Tex., June 18, 2018), alleges that Defendants have committed constitutional violations by implementing, promoting, or maintaining policies, practices and customs that, among other things: a. refuse to implement and/or ignore proper training and supervision of government employees handling sexual assault cases or evidence; b. allocate more resources to other violent crimes than to sexual assault against female victims; c. fail to submit and/or timely test Sexual Assault Kits; d. prioritize the submission or testing of DNA evidence from other violent crimes over SAKs; and e. purposely and/or knowingly use or contract with labs that do not have the capacity to timely and accurately test and/or analyze the SAKs. City of Austin is a municipal entity located in Travis County, Texas, and is recognized by the state of Texas as a properly organized and legal municipal entity. City of Austin operates and is responsible for all the actions of the Austin Police Department and the Austin Police Department Forensic Science Division's DNA Section.[BN] The Plaintiffs are represented by: Jennifer R. Ecklund, Esq. Mackenzie S. Wallace, Esq. THOMPSON & KNIGHT LLP 1722 Routh Street, Suite 1500 Dallas, TX 75201 Telephone: (214) 969-1700 Facsimile: (214) 969-1751 E-mail: Jennifer.Ecklund@tklaw.com Mackenzie.Wallace@tklaw.com - and - Elizabeth Myers, Esq. THOMPSON & KNIGHT LLP 98 San Jacinto Boulevard, Suite 1900 Austin, TX 78701 Telephone: (512) 469-6100 Facsimile: (512) 469-6180 E-mail: Elizabeth.Myers@tklaw.com BANGKOK CAFE: "Palmer" Suit Seeks to Recover Unpaid Wages --------------------------------------------------------- Lermaine Palmer, on behalf of himself and those similarly situated v. Bangkok Cafe of Ferndale, Inc., and Wasinee Xamountry, Case No. 2:18-cv-11463 (E.D. Mich., May 8, 2018), seeks to recover unpaid back wages under the Fair Labor Standards Act. The Plaintiff worked for the Defendants as a dish washer, prep cook, and cook since 2016. The Defendants own and operate a coffee shop in Oakland County, Michigan. [BN] The Plaintiff is represented by: Michael N. Hanna, Esq. Morgan & Morgan, P.A. 2000 Town Center, Suite 1900 Southfield, MI 48075 Tel: (313) 739-1950 Fax: (313) 739-1976 E-mail: MHanna@forthepeople.com BANKERS LIFE: Blind-Inaccessible Web Site Violates ADA, Wu Avers ---------------------------------------------------------------- KATHY WU AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED v. BANKERS LIFE SECURITIES, INC., BANKERS LIFE ADVISORY SERVICES, INC., BANKERS LIFE SECURITIES GENERAL AGENCY, INC., and CONSECO SECURITIES, INC., Case No. 1:18-cv-05508-AJN (S.D.N.Y., June 19, 2018), accuses the Defendants of violating the Americans with Disabilities Act because their Web site http://www.bankerslife.com/is not equally accessible to blind and visually-impaired consumers. Bankers Life Securities, Inc., is a Foreign Business Corporation with its principal executive offices in Carmel, Indiana. Bankers Life Advisory Services, Inc., is a Foreign Limited Liability Company with its principal executive offices in Carmel. Bankers Life Securities General Agency, Inc., is a Foreign Business Corporation with its principal executive offices in Carmel. Conseco Securities, Inc., is a Foreign Limited Liability Company with its principal executive offices in Carmel. The Defendants are wholly owned subsidiaries of CNO Financial Group, Inc., a Delaware Corporation and a public corporation with its principal place of business in Carmel. The Defendants operate Bankers Life insurance brokerage and financial services offices as well as the Bankers Life Web site and advertises, markets, distributes and provides insurance, financial and related services in the State of New York and throughout the United States.[BN] The Plaintiff is represented by: Dana L. Gottlieb, Esq. Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: danalgottlieb@aol.com nyjg@aol.com BELSTAFF 1924: Olsen Sues Over by Blind-Inaccessible Web Site ------------------------------------------------------------- THOMAS J. OLSEN, Individually and on behalf of all other persons similarly situated v. BELSTAFF 1924 INC., Case No. 1:18-cv-05541 (S.D.N.Y., June 19, 2018), accuses the Belstaff of failing to design, construct, maintain, and operate its Web site http://www.belstaff.com/to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people. Based in New York City, Belstaff is a foreign business corporation that is organized under Delaware law, and authorized to do business in the state of New York. Belstaff owns and operates stores throughout the United States, including in New York City. Belstaff sells, at these stores, jackets, shoes, dresses, bags, accessories and similar items.[BN] The Plaintiff is represented by: Christopher H. Lowe, Esq. Douglas B. Lipsky, Esq. LIPSKY LOWE LLP 630 Third Avenue, Fifth Floor New York, NY 10017-6705 Telephone: (212) 392-4772 E-mail: chris@lipskylowe.com doug@lipskylowe.com BHP: Adero Law Prepares Class Action Over Casualisation ------------------------------------------------------- Darren Gray, writing for Sydney Morning Herald, reports that mining giant BHP is facing a class action from up to 400 workers who allege they were left $40 million worse off because they were hired as "casual" workers by labour hire firms and not as permanent staff, despite their rosters being published months in advance. The landmark action, set to be launched by law firm Adero Law, could grow to include between 800 and 1500 people and cover an estimated $40 million to $50 million, according to the lawyer leading the claim, Rory Markham. "Four hundred people have indicated they wish to join the action," Mr Markham said, "but we believe the claim will grow to between 800 to 1500". The legal action is, effectively, two separate proceedings that form one class action. Two BHP companies, Mt Arthur Coal Pty Ltd and Hunter Valley Energy Coal Pty Ltd (HVEC) will be sued in the proceedings, as well as the labour hire firms Chandler Macleod and TESA. The labour hire firms engaged the workers in question. "On June 25 we're filing an action that will kick off a series of four to five further actions around casualisation in the mining industry," Mr Markham said. Australia's black coal mining industry was "the only industry in Australia where a casual will get substantially less than a permanent, on an hour to hour basis," he said. "We think this (legal action) is ground-breaking because 15 years ago, casuals were earning more than they do today, and there are now mines that are largely casual-driven. So this industry, as other industries in the resource sector, are becoming increasingly casualised but no-one's had the resources to really take this legal fight up. "And we hope that it redraws the definition of what truly is a casual. And either results in casuals getting substantially more money, or alternatively, just returning to a permanent workforce," he said. The Mt Arthur mine is a black coal mine in the Hunter Valley. Its workforce includes permanent employees and casual workers. Adero said the mine is owned by HVEC, which is part of the BHP group, and that the mine is operated by Mt Arthur Coal, a wholly owned subsidiary of HVEC. The Mt Arthur mine, in the same manner as many other mines in Australian coal mining, has a mix of workers including direct employees, and workers engaged by contractors and labour hire companies. The numbers fluctuate to meet requirements of the operation. The lead applicant in the class action is former Mt Arthur mine worker Simon Turner. Mr Turner, 47, was a casual who used to drive huge trucks at the mine, but hasn't been able to work since a workplace injury he suffered at the mine in late 2015. Mr Turner alleges that in his time at the mine casual workers did "exactly the same work" and were on the same roster as permanent employees, but were paid much less. Casual workers were not paid annual leave, nor were they eligible for paid sick leave, he said. "I loved my job, I loved working in the mine, mate. It was long and hard work but it was an enjoyable job. "But it just bears down on you when you have permanents taking holidays, and we basically do the same job but no-one gets holidays," he said. "People would go to work while they were sick and they were asked 'How come you're here?' And they'd say, 'I've got to be here, because I don't get paid otherwise," he said. Mr Turner said he was concerned about being a casual at the mine "way before" he was injured and no longer working at the mine. In response to queries from Fairfax Media about the looming legal action, a spokesman for BHP said: "BHP has not received any formal communications about these matters or the claims being made." Chandler Macleod released a short statement which said: "Chandler Macleod has not been notified of any action against us. In the event of any action, we would respond to the court process." Fairfax Media also contacted the labour hire firm Programmed about the class action, because Tesa is part of the Skilled Group which was acquired by Programmed in 2015. Programmed said it was unable to comment. [GN] BIMBO BAKERIES: "Camp" Suit Alleges FLSA Violations --------------------------------------------------- David Camp and Keith Hadmack, on behalf of themselves and all others similarly situated v. Bimbo Bakeries USA, Inc. and Bimbo Foods Bakeries Distribution, LLC, Case No. 1:18-cv-00378 (D. N.H., May 8, 2018), is brought against the Defendants for violation of the Fair Labor Standards Act. The Plaintiff David Camp is an adult resident of Swanzey, New Hampshire. Since approximately 1999, Camp has delivered breads and baked goods on behalf of Defendants in New Hampshire. The Plaintiff Keith Hadmack is an adult resident of Royalston, Massachusetts. Since approximately 2010, Hadmack has delivered breads and baked goods on behalf of Defendants in New Hampshire. The business of the Defendants and their affiliates consists of manufacturing, delivering, and selling breads and baked goods to grocery stores and other outlets across the United States under the brand names Sara Lee, Nature's Harvest, and others. The Defendants and their affiliates operate out of at least three terminals in New Hampshire located in Hooksett, Lebanon, and Keene. [BN] The Plaintiffs are represented by: Christopher B. Coughlin, Esq. COUGHLIN LAW GROUP, PC 35 India Street Suite 3 Boston, MA 02110 Tel: (617) 758-8888 E-mail: cbc@coughlinlawgroup.com BP WEST COAST: "Rinaldi" Suit Asserts Gas Price Manipulation ------------------------------------------------------------ DAVID RINALDI, JOSHUA EBRIGHT, and PAUL LEE, on Behalf of Themselves and All Others Similarly Situated v. BP WEST COAST PRODUCTS LLC; CHEVRON U.S.A. INC., TESORO REFINING & MARKETING COMPANY LLC, EQUILON ENTERPRISES LLC, EXXON MOBIL CORPORATION, VALERO MARKETING AND SUPPLY COMPANY, CONOCOPHILLIPS, ALON USA ENERGY, INC., and DOES 1-25, Inclusive, Case No. 3:18-cv-01377- BEN-JLB (S.D. Cal., June 21, 2018), is brought over the Defendants' alleged illegal conspiracy to manipulate and maintain the prices of gasoline in California at supracompetitive prices. The Defendants -- gasoline refiners -- have used their market leverage to keep gasoline prices in California well above the U.S. average, reaching a peak of $1.50 per gallon above the national average in Southern California in 2015, the Plaintiffs contend. The Plaintiffs allege that according to some reports, Californians paid more than $10 billion extra at the pump compared to other drivers in the United States, and at the same time, the Defendants' profits from their California refineries reached obscene levels. BP West is a Delaware limited liability company with principal executive offices located in Blaine, Washington. BP West owns and operates a network of gas and fueling stations in California, Oregon, Washington, Nevada, and Arizona. BP West operated a 650 acre refinery in Carson, California, with a crude oil distillation capacity of 266,000 barrels per day. BP West operates as a subsidiary of BP p.l.c. Chevron is a Pennsylvania corporation with principal executive offices located in San Ramon, California. Chevron explores, extracts, and produces crude oil, natural gas, and natural gas liquids. Chevron also refines, markets, and distributes products derived from petroleum other than natural gas liquids. Chevron was formerly known as Gulf Oil Corporation. Chevron operates as a subsidiary of Chevron Corporation. Chevron operates refineries in Richmond and El Segundo, California. Tesoro is a Delaware limited liability company with principal executive offices located in San Antonio, Texas. Tesoro offers refining and marketing of motor fuels and petroleum products. Tesoro, incorporated in 1996, operates as a subsidiary of Andeavor (f/k/a Tesoro Corporation). Tesoro operates refineries in Los Angeles and Martinez, California. Shell is a Delaware limited liability company with principal executive offices located in Houston, Texas. Shell operates refineries and crude oil pipelines in the western United States. Shell also operates a network of gasoline stations in the United States. Shell's Martinez refinery has been in operation since 1915. Shell is a wholly-owned subsidiary of Royal Dutch Shell plc. ExxonMobil is a New Jersey corporation with principal executive offices located in Irving, Texas. ExxonMobil operates as a subsidiary of ExxonMobil Corporation. ExxonMobil's Torrance refinery covers 750 acres, processes an average of 155,000 barrels of crude oil per day, and produces 1.8 billion gallons of gasoline per year. Valero is a Delaware corporation with principal executive offices located in San Antonio, Texas. Valero refines and markets crude oil in the United States and internationally. Valero's activities include refining operations, wholesale marketing, product supply and distribution, and transportation operations primarily in the Gulf Coast, Mid-Continent, West Coast, and northeast regions. Phillips is a Delaware corporation with principal executive offices located in Houston, Texas. Phillips operated a San Francisco refinery that was comprised of two facilities linked by a 200-mile pipeline: the Santa Maria facility, located in Arroyo Grande, California, and the Rodeo facility, located in the San Francisco Bay Area. Alon is a Delaware corporation with principal executive offices located in Dallas, Texas. Alon is refiner and marketer of petroleum products, operating primarily in the South Central, Southwestern, and Western regions of the United States. Alon's Bakersfield refinery has a capacity of 70,000 barrels a day and comprises over 600 acres of land. The true names and capacities of the Doe Defendants are presently not known to the Plaintiffs.[BN] The Plaintiffs are represented by: Brian J. Robbins, Esq. George C. Aguilar, Esq. Michael J. Nicoud, Esq. ROBBINS ARROYO LLP 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 E-mail: brobbins@robbinsarroyo.com gaguilar@robbinsarroyo.com mnicoud@robbinsarroyo.com BRAND ENERGY: Fails to Pay All Compensable Hours, McClure Says -------------------------------------------------------------- MARLIN MCCLURE, an individual, for himself and those similarly situated v. BRAND ENERGY SERVICES, LLC, a Delaware corporation doing business in California; BRAND ENERGY SERVICES OF CALIFORNIA, LLC, a Delaware corporation doing business in California; and DOES 1 through 100, inclusive, Case No. 2:18-at- 01073 (E.D. Cal., June 14, 2018), accuses the Defendants of violating California law by not treating as compensable hours worked every hour their hourly employees were restrained to the workplace, i.e., on the Defendants' vessels and platforms, including sleeping time. The Defendants are Delaware corporations, with their principal offices in Logan Township, New Jersey, and their corporate mailing address in Kenneshaw, Georgia, but which do business and maintain offices in Fairfield, California. The true names and capacities of the Doe Defendants are unknown to the Plaintiff. The Defendants provide services to drilling operations off the California coast, including on fixed oil platforms on the Outer Continental Shelf. The Defendants mandate that their hourly workers perform their work in "hitches," which are multiple-day shifts (varying in length) that begin and end in California and are also spent either on vessels traveling to, back from, or between oil platforms or on the oil platforms themselves.[BN] The Plaintiff is represented by: Michael A. Strauss, Esq. Aris E. Karakalos, Esq. Andrew C. Ellison, Esq. STRAUSS & STRAUSS, APC 121 N. Fir St., Suite F Ventura, CA 93001 Telephone: (805) 641-6600 Facsimile: (805) 641-6607 E-mail: mike@strausslawyers.com aris@strausslawyers.com andrew@strausslawyers.com C2 EDUCATIONAL: Melchor Seeks to Recover Minimum & Overtime Wages ----------------------------------------------------------------- NISIA MELCHOR, an individual v. C2 EDUCATIONAL SYSTEMS, INC., a Virginia corporation, and DOES 1-50, Case No. BC710653 (Cal. Super. Ct., Los Angeles Cty., June 19, 2018), is a representative action brought by the Plaintiff on behalf of herself, other similarly aggrieved employees, and the state of California against the Defendants to recover civil penalties for alleged failure to pay all minimum and overtime wages, to provide adequate meal and rest breaks, to pay meal and rest break premiums, to provide adequate wage statements, and to pay all wages upon cessation of employment. C2 Educational Systems, Inc., is a for-profit company that owns and operates approximately 50 educational tutoring centers in California. The Company was incorporated in the state of Virginia, and has its principal place of business in Georgia. The Plaintiff is unaware of the true names of Doe Defendants.[BN] The Plaintiff is represented by: Jeremy F. Bollinger, Esq. Dennis F. Moss, Esq. Ari E. Moss, Esq. MOSS BOLLINGER LLP 15300 Ventura Blvd., Suite 207 Sherman Oaks, CA 91403 Telephone: (310) 982-2984 Facsimile: (818) 963-5954 E-mail: jeremy@mossbollinger.com dennis@mossbollinger.com ari@mossbollinger.com CALIFORNIA CARTAGE: Settles Warehouse Conditions Lawsuit -------------------------------------------------------- Josh Eidelson, writing for Bloomberg, reports that a leading logistics contractor and a group of staffing companies agreed to pay as much as $1.9 million to resolve allegations of wage-and- hour violations and retaliation at a Los Angeles-owned storage facility that houses Amazon.com products, among others. A group of warehouse workers filed the proposed class action in 2014, claiming Amazon contractor California Cartage Co. and several staffing firms violated the state's minimum wage law and the city's "living wage" statute. The workers also alleged that the defendants didn't give employees time to rest during periods of excessive heat, and retaliated against those who complained. Amazon.com Inc., which isn't a defendant, declined to immediately comment. The Los Angeles allegations echo other lawsuits in recent years alleging the online giant used contractors that skirted regulations to cut costs. New York-based non-profit China Labor Watch released a report alleging inadequate safety training and precautions at a Chinese factory owned by Foxconn, which produces Amazon's Echo speakers and Kindle e-readers. Amazon said it had audited the factory and asked Foxconn to remedy violations. In 2014, the U.S. Supreme Court ruled in favor of Amazon contractor Integrity Staffing Solutions, overturning a lower court ruling that would have allowed Amazon warehouse employees to seek pay for time spent waiting in line for security checks. In 2016, a Washington state judge certified a class of potentially thousands of current and former Amazon employees in a lawsuit alleging the company violated state law by not paying them for time spent in security lines during lunch breaks. Also that year, former delivery drivers who had been employed by Amazon contractor Silverstar filed a lawsuit alleging that they were deprived of overtime pay and that Amazon shared legal responsibility due to the extent of Amazon's involvement in evaluating and directing their work. That case later settled. The Washington litigation is ongoing, as are similar cases under Arizona, California and Nevada law involving either Amazon, its contractors or both. Amazon has regularly denied any wrongdoing. In the Los Angeles case, the facility at issue is used by Amazon as well as Lowe's, New Balance, Kawasaki Motors Corp, TJMAXX and Sears, according to the Warehouse Worker Resource Center, a pro- labor nonprofit. The litigants clashed over whether workers who sued were covered by a municipal policy requiring that some firms that lease city property pay a living wage. In 2016, a judge granted a motion to dismiss those claims, saying the companies were exempt. But he denied a request to toss allegations that the companies had retaliated against workers. In February, a National Labor Relations Board judge ruled that California Cartage had illegally interrogated employees about their efforts to address workplace issues at the facility and made implied threats to employees about the consequences of taking collective action. The proposed settlement, which attorneys for both sides set forth in a June 12 state court filing, would terminate the employees' appeal of a separate, $800,000 wage-and-hour class action pact that California Cartage and other defendants reached in 2015. The plaintiff workers declined to comment. The logistics giant NFI Industries Inc., which acquired California Cartage last year, didn't return a call seeking comment. NFI is a privately held company that operates more than 41 million square feet of warehouse and distribution space, according to the company. As part of the proposed settlement, the defendants deny any wrongdoing. A final approval hearing is set for Oct. 25 in California state court.[GN] CAPITAL ONE: "Dress" Suit Alleges Breach of Contract ---------------------------------------------------- Susan Dress, on behalf of herself and all others similarly situated v. Capital One Bank (USA), N.A., Case No. 4:18-cv-40064 (D. Mass., May 2, 2018), is brought against the Defendant for breach of contract. The Plaintiff asserts this action for damages and other relief arising from Capital One's routine practice of charging interest on credit card accounts on transactions that are fully paid by the billing period due date. The Plaintiff, Susan Dress, is a citizen and resident of the State of Massachusetts and has had a credit card with Capital One. The Defendant Capital One is a federal bank headquartered in McLean, Virginia. Capital One is the fourth largest credit card issuer in the United States, and has approximately $91 billion outstanding credit card loans to consumers. [BN] The Plaintiff is represented by: Patrick J. Sheehan, Esq. WHATLEY KALLAS, LLP 60 State Street, 7th Floor Boston, MA 02109 Tel: (617) 573-5118 Fax: (617) 371-2950 E-mail: psheehan@whatleykallas.com - and - Nicholas A. Migliaccio, Esq. Jason S. Rathod, Esq. MIGLIACCIO & RATHOD LLP 412 H Street N.E., Ste. 302 Washington, DC 20002 Tel: (202) 470-3520 E-mail: nmigliaccio@classlawdc.com jrathod@classlawdc.com CASO INC: Fails to Pay Minimum and Overtime Wages, Gonzalez Says ---------------------------------------------------------------- RENE VALDEZ GONZALEZ, individually and on behalf of others similarly situated v. CASO INC. (D/B/A MAMA'S EMPANADAS), CARIO INC. (D/B/A MAMA'S EMPANADAS), CHALANA INC. (D/B/A MAMA'S EMPANADAS), JAVIER GARCIA, and YANIRA DOE, Case No. 1:18-cv-03558 (E.D.N.Y., June 19, 2018), alleges that the Plaintiff worked for the Defendants in excess of 40 hours per week, without appropriate minimum wage, overtime, and spread of hours compensation for the hours that he worked. Caso Inc. is a domestic corporation organized and existing under the laws of the state of New York with its principal place of business located in Astoria, New York. Cario Inc. is a domestic corporation organized and existing under the laws of the state of New York with its principal place of business located in Jackson Heights, New York. Chalana Inc. is a domestic corporation organized and existing under the laws of the state of New York with its principal place of business located in Long Island City, New York. The Individual Defendants serve or served as owners, managers, principals or agents of the Defendant Corporations. The Defendants own, operate, or control three Latin American Restaurants under the name "Mama's Empanadas" located in Astoria, Jackson Heights and Long Island City.[BN] The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 E-mail: Michael@Faillacelaw.com CEDAR RAPIDS: Iowa Sup. Ct. Upholds Ruling in Flood Damage Suit --------------------------------------------------------------- The Gazette reports that the Iowa Supreme Court on June 22 upheld a district court ruling that property owners cannot sue railroads for damages in the 2008 flood. The plaintiffs, who are seeking $6 billion in damages, filed the class-action lawsuit in June 2013, claiming railways caused the extreme flooding in Cedar Rapids when railcars filled with rocks were placed on the CRANDIC rail bridge near Penford Products in an effort to prevent the bridge from collapsing. It collapsed anyway and, the plaintiffs argued, worked as a dam, "causing and/or exacerbating" the Cedar River flooding, which resulted in "great and extensive property damage and other damage." The property owners filed the lawsuit in Linn County District Court against the Cedar Rapids and Iowa City Railway Co., Union Pacific Railroad Co., Union Pacific Corp. and Alliant Energy Corp., claiming negligence and other state law violations. Sixth Judicial District Judge Paul Miller in February 2016 said federal law trumps the property owners' claims because the bridges at issue are "inextricably intertwined" with the defendants' railroad tracks, which affects rail transportation. The claims go directly to rail transport regulations, and the actions taken by railway companies are an "essential part of the railroads' operations," which are covered under federal law. The Iowa Supreme Court agreed, ruling the federal Interstate Commerce Termination Act, which has jurisdiction over transportation by rail carriers and operations of railroad tracks, pre-empts the property owners' claims in state court. Justice Edward Mansfield, writing for the majority, said not all state law claims involving railroads are pre-empted by federal authority, but this claim that involves the "second-guessing of decisions made by railroads to keep their rail lines open are expressly pre-empted." Cedar Rapids attorney Sam Sheronick,Esq. in a statement on behalf of four other attorneys representing the property owners, said they will ask for a review of the decision. "We respectfully disagree with the court's ruling and look forward to seeking review of the decision by the U.S. Supreme Court so that our clients can hopefully get their day in court where we can present evidence, the truth and scientific facts to prove what caused the 2008 flood in Cedar Rapids while exposing the great lengths others took to hide the truth from the public," Sheronick said. Alliant Energy, parent company of the CRANDIC, did not return a call for comment on June 22 afternoon. The lawsuit, pending since 2013, was moved to U.S. District Court based on the theory that state law claims were pre-empted by federal law. The court agreed and dismissed the case, but the U.S. Court of Appeals for the 8th Circuit reversed it and sent it back to state court. In the years after the flood, consultants and city, state and federal officials have termed the flood a natural disaster, with the rail bridge collapse playing a minor role in the height of the record 31.12-foot crest.[GN] CELGENE CORPORATION: Witchcoff Files Securities Class Suit ---------------------------------------------------------- Charles H. Witchcoff, individually and on behalf of all others similarly situated v. Celgene Corporation, Robert J. Hugin, Mark J. Alles, Jacqualyn A. Fouse, Peter N. Kellogg, Scott A. Smith, and Terrie Curran, Case No. 2:18-cv-08785 (D. N.J., May 3, 2018), seeks to pursue remedies under the Securities Exchange Act of 1934. This is a federal securities class action on behalf of all persons and entities who purchased or otherwise acquired Celgene common stock between January 12, 2015, and February 27, 2018. The Plaintiff Charles H. Witchcoff, purchased Celgene common stock at artificially inflated prices during the Class Period and has been damaged thereby, says the complaint. The Defendant Celgene is a global biopharmaceutical company engaged primarily in the discovery, development, and commercialization of therapies for the treatment of cancer and inflammatory diseases. The Individual Defendants are officers of Celgene. [BN] The Plaintiff is represented by: Christopher A. Seeger, Esq. SEEGER WEISS, LLP 55 Challenger Road, 6th Floor Ridgefield Park, NJ 07660 Tel: (973) 639-9100 Fax: (973) 639-9393 E-mail: cseeger@seegerweiss.com - and - Naumon A. Amjed, Esq. Ryan T. Degnan, Esq. Christopher A. Reese, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Tel: (610) 667-7706 Fax: (610) 667-7056 E-mail: namjed@ktmc.com rdegnan@ktmc.com creese@ktmc.com CHARTER COMMUNICATIONS: Sued by Jimenez for Defrauding Consumers ---------------------------------------------------------------- CARLA JIMENEZ, individually and on behalf of all others similarly situated v. CHARTER COMMUNICATIONS, INC., SPECTRUM MANAGEMENT HOLDING COMPANY LLC, and DOES 1 through 25, Case No. BC709676 (Cal. Super. Ct., Los Angeles Cty., June 19, 2018), alleges that for years, the Defendants have defrauded and misled the Plaintiff and similarly situated consumers by promising to deliver residential Internet service at speeds that the Defendants knew they could not reliably deliver and that consumers could rarely, if ever, achieve. Charter Communications, Inc., is a corporation doing business in California. Spectrum Management Holding Company LLC is a limited liability company doing business in California. Spectrum is an affiliate of Charter. The Plaintiff does not know the true names or capacities of the Doe Defendants. The Defendants provide, among other things, Internet services to consumers in California. The Defendants currently brand their Internet services under the name "Spectrum."[BN] The Plaintiff is represented by: Jamin S. Soderstrom, Esq. SODERSTROM LAW PC 3 Park Plaza, Suite 100 Irvine, CA 92614 Telephone: (949) 667-4700 Facsimile: (949) 424-8091 E-mail: jamin@soderstromlawfirm.com - and - Douglas L. Mahaffey, Esq. MAHAFFEY LAW GROUP, PC 20162 SW Birch Street, Suite 300 Newport Beach, CA 92660 Telephone: (949) 833-1400 Facsimile: (949) 263-8736 E-mail: dougm@mahaffeylaw.com CHARTER COMMUNICATIONS: "Bryant" Suit Alleges TCPA Violation ------------------------------------------------------------ Randy Bryant, individually and on behalf of all others similarly situated v. Charter Communications Inc., dba Spectrum, Case No. 3:18-cv-08929 (D. N.J., May 8, 2018), is brought against the Defendant for violation of the Telephone Consumer Protection Act. The Plaintiff brings this action for legal and equitable remedies resulting from the illegal actions of the Defendant in negligently, knowingly, or willfully transmitting unsolicited, autodialed text messages, en masse, to Plaintiff's cellular telephone and the cellular telephones of thousands of other individuals across the country. The Plaintiff is a resident of Fayetteville, North Carolina. The Defendant maintains its corporate headquarters in Stamford, Connecticut, and is a nationwide provider of cable television, internet, and telephone services. [BN] The Plaintiff is represented by: James C. Shah, Esq. SHEPHERD, FINKELMAN, MILLER & SHAH, LLP 475 White Horse Pike Collingswood, NJ 08107 Tel: (856) 858-1770 Fax: (866) 300-7367 E-mail: jshah@sfmslaw.com CHICAGO BAR: Staten Island Man Brings Class Suit Over RX Bars ------------------------------------------------------------- Tracey Porpora, writing for SILIVE.com, reports that Michael Pizzirusso says in court papers that he was deceived to believe RX Bars contained "real" egg whites. Apparently outraged by the alleged false advertising, Pizzirusso started a class action suit in New York Federal Court against the company that manufactures the popular health bar, the Chicago Bar Company, LLC. "Defendant's [Chicago Bar Company, LLC] marketing message is built around the promotion of 'real' ingredients and alludes to other companies that 'hide' unfavorable or artificial ingredients deep in their ingredient list on the back of the package," said the court complaint. "The defendant does not use egg white power in its complete form, which would have entitled it to utilize the name 'egg whites' to refer to the subject ingredient," claims the defendant in court documents. Pizzirusso's lawyer, Joshua Levin-Epstein, Esq. -- joshual@shiboleth.com -- of the Manhattan-based Levin-Epstein & Associates, refused comment about the case. However, the Lawsuit Reform Alliance of New York said this kind of court case isn't the intended use of a class action suit. "This lawsuit highlights the need for reform in how New York handles class action lawsuits. I am not sure that most consumers would feel they were deceived and damaged because a product does not contain entire egg whites," said Tom Stebbins, Lawsuit Reform Alliance of New York executive director. "In many false advertising claims the majority of a settlement goes to the lawyers while the consumers see little to no benefit. The complaint utilizes a New York law that was never intended for the class action context. The section of the state business law that mandates a $50 minimum payout for a plaintiff should not be applied per class member and the legislature should update the law to make that clear," he added.[GN] CHOP HOSPITALITY: Leisner Sues Over Invalid Tip Pool Practices -------------------------------------------------------------- JOSHUA LEISNER, GEORGE EURING III, and CHRISTINA CALLAHAN, Individually, and on Behalf of All Others Similarly Situated v. CHOP HOSPITALITY LLC d/b/a CHICAGO CHOP HOUSE, CHICAGO CHOP HOUSE, INC. d/b/a CHICAGO CHOP HOUSE, MATTHEW McCAHILL, DORIS SIEMEN, CHARLES PATEL, and BHARATHBHAI PATEL, Case No. 1:18-cv- 04162 (N.D. Ill., June 14, 2018), alleges that the Defendants violate the Fair Labor Standards Act by requiring their servers and bartenders to participate in an invalid tip pool, whereby servers and bartenders must pay a flat rate every shift ($25 for servers and $10 for bartenders) to management. Chop Hospitality, LLC, is an Illinois corporation doing business as Chicago Chop House. On October 3, 2017, Chop Hospitality purchased Chicago Chop House from Chicago Chop House Inc. Chicago Chop House Inc. is an Illinois corporation that did business as Chicago Chop House at all material times prior to the sale of the restaurant to Chop Hospitality. Matthew McCahill is an owner, operator and manager of Chop Hospitality. Bharathbhai Patel is an owner of Chicago Chop House. Charles Patel is an owner of Chicago Chop House. Doris Siemen is the General Manager of Chicago Chop House restaurant, a position she has held throughout the entire relevant statutory period.[BN] The Plaintiffs are represented by: Daniel Zemans, Esq. THE LAW OFFICES OF DANIEL ZEMANS, LLC 500 N. Michigan Avenue, Suite 600 Chicago, IL 60640 Telephone: (773) 706-7767 E-mail: dzemans@zemans-law.com CLARION BRANDS: "Advanced Obstetrics" Seeks Damages under TCPA --------------------------------------------------------------- Advanced Obstetrics and Gynecology, P.C., filed a class action complaint v. Clarion Brands, LLC dba Florajen, Case No. 3:18-cv- 00107 (N.D. Miss., May 8, 2018), seeks damages and injunctive relief pursuant to the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005. The Plaintiff Advanced Obstetrics is a for-profit professional corporation organized and validly existing under the laws of Mississippi, and located in New Albany, Union County, Mississippi. The Plaintiff Advanced Obstetrics employs a team of medical professionals and board-certified physicians that provide obstetric and gynecologic care for patients in Union County, Mississippi. The Defendant Clarion is a consumer products company and distributor of over-the-counter dietary products, including probiotic supplements. According to information and belief, Defendant Clarion is a limited liability company organized and existing under the laws of the state of Delaware, and has its principal place of business located at 6 Neshaminy Interplex Drive, Suite 111, Trevose, Pennsylvania 19053. [BN] The Plaintiff is represented by: L.N. Chandler Rogers, Esq. ROGERS LAW GROUP 201 E Bankhead Street New Albany, MS 38652 Tel: (662) 538-5990 Fax: (662) 538-5997 E-mail: chandler@rogerslawgroup.com CLASSMONEY.NET: Leo Sues Over Unsolicited Calls ----------------------------------------------- LOUIS LEO IV, as an individual and on behalf of all others similarly situated v. CLASSMONEY.NET, COLLEGEEDUCATIONINFORMATION.COM, and VENTRIX ADVERTISING, INC. d/b/a VENTRIXADVERTISING.COM, a California and Nevada Corporation, Case No. 9:18-cv-80813-WPD (S.D. Fla., June 21, 2018), is brought pursuant to the Telephone Consumer Protection Act arising from the Defendants' alleged unlawful, unsolicited calls made to the cellular telephones of the Plaintiff and others using an automatic telephone dialing system and an artificial or prerecorded voice. CLASSMONEY.NET is a parent, related, and/or affiliate company of Defendants COLLEGEEDUCATIONINFORMATION.COM and VENTRIX ADVERTISING, INC. At this point in time, the Plaintiff has been unable to locate publicly available information regarding the whereabouts and corporate structure of Defendants CLASSMONEY.NET and COLLEGEEDUCATIONINFORMATION.COM. CLASSMONEY.NET is a Web site, which is engaged in the practice of advertising "Education Grants" to the public.[BN] VENTRIX ADVERTISING, INC., is a registered corporation existing under the laws of the state of California and the State of Nevada with its principal place of business located in Lake Tahoe, Nevada. The Plaintiff is represented by: Michael J. Pascucci, Esq. Joshua H. Eggnatz, Esq. Steven N. Saul, Esq. EGGNATZ PASCUCCI 5400 S. University Drive, Suite 417 Davie, FL 33328 Telephone: (954) 889-3359 Facsimile: (954) 889-5913 E-mail: MPascucci@JusticeEarned.com JEggnatz@JusticeEarned.com SSaul@JusticeEarned.com - and - Seth M. Lehrman, Esq. EDWARDS POTTINGER LLC 425 North Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Telephone: (954) 524-2820 E-mail: seth@epllc.com CLASSIFIED ADVERTISING: "Amini" Suit Alleges TCPA Violations ------------------------------------------------------------ Kevin Amini, individually and on behalf of all others similarly situated v. Classified Advertising Ventures, LLC dba Seller Networks and Does 1 through 10, Case No. 8:18-cv-00751 (C.D. Calif., May 1, 2018), seeks damages for the Defendants' violations of the Telephone Consumer Protection Act. Kevin Amini is a resident of the County of Orange, State of California. The Defendant is an online company that sells vehicles. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Tel: (877) 206-4741 Fax: (866) 633-0228 E-mail: tfriedman@toddflaw.co abacon@toddflaw.com COLLEGE OF THE NORTH ATLANTIC: Chided for Legal Maneuvering ----------------------------------------------------------- Glen Whiffen, writing for The Western Star, reports that a failed attempt by the College of the North Atlantic (CNA) to get a "tactical advantage" in an ongoing class-action suit brought by a number of former employees of CNA's Qatar campus is insulting to the employees, according to their lawyer. James Hughes told The Telegram that from his clients' perspective, and in the "context of access to justice, good faith and honesty," the approach taken by CNA in the case is offensive. "Notwithstanding there is no longer a counterclaim (by CNA), the attempt to suggest one exists and utilize it to gain a tactical advantage to frighten people from joining the class proceeding is troubling on many levels," Hughes said. The issue is described in a June 6 decision of the Court of Appeal of Newfoundland and Labrador. That decision strikes down CNA's counterclaim in a class action brought by several employees -- instructors or instructor support staff -- who worked for CNA in Qatar during the years 2008 to 2011. The Appeal Court decision -- written by Justice Lois Hoegg and concurred by Justices Gale Welsh and Francis O'Brien -- found that the counterclaim did not comply with the provisions of the Class Actions Act and does not meet the statutory criteria. Of note in the decision is a statement that, "CNA frankly acknowledged at the appeal hearing that its reason for counterclaiming rather than pleading the defence of set-off (in which money owed can be subtracted from awarded damages) was that counterclaiming gave it a tactical advantage over the class members by setting up the prospect that class members could end up owing more to CNA than they would recover from CNA if they succeeded in their class action, thereby pressuring the class members to abandon their class action out of fear that they would end up owing more than they would recover". The class-action began in 2013 and claims that -- according to the employees' contracts -- CNA was to pay them a cost of living allowance in addition to their salaries, which CNA refused to pay. CNA filed a defence, along with a counterclaim, in February 2015. In the defence, CNA denied it breached the contracts with its employees and stated the details of a contract it had with Qatar -- known as the comprehensive agreement -- provides that its employees in Qatar were subject to a salary cap that affects the cost-of-living allowance. CNA maintained that the employees were paid in accordance with their contracts and the salary budget, and also claims that some of its employees in the class action were overpaid, and CNA sought reimbursement of the amounts overpaid. In a statement to The Telegram, CNA says it disputes the statement in the Appeal Court ruling that suggested CNA launched a counterclaim merely to gain a tactical advantage to pressure class members to drop the action. "CNA believes that it has fully paid all class members everything that they are entitled to receive under their employment agreements. We have stated this in our statement of defence filed with the court. CNA understood, as did the judge in the Supreme Court and another panel in the Court of Appeal, that the class members were relying on the comprehensive agreement with Qatar as part of their claim. CNA disputed that in its defence. However, if the court ultimately permitted reliance on the comprehensive agreement, CNA maintains that some of the class members were overpaid and should repay the excess they received. Relying on the legal remedy of a set-off (or the amount that would be set off against another in the final settlement of accounts between the parties involved) would limit the amount that CNA would be able to receive. As a result, CNA moved to seek full recovery of any overpayment through its counterclaim against some class members. The only tactical advantage that CNA was seeking was full recovery of any overpayment rather than the limited amount available under a set-off." The issue of staff being overpaid made news headlines some years ago. In 2010, it was reported the college -- and by extension taxpayers in the province -- was on the hook for $5.5 million in overpayments to employees, after the college signed employment contracts for more money than they were legally allowed to pay people under the comprehensive agreement. The provincial government commissioned two investigations into the reasons it happened. The resulting tension led to the lawsuit, which could involve up to 600 people and be worth more than $15 million. In October 2010, then-education minister Darin King said during a news conference that, "It's not their (employees') issue or their fault as to why the college made an error and entered into an agreement that they ought not to have. So we'll honour the contracts." At the same news conference, then-CNA interim president Bruce Hollett said, "CNA has no legal or moral right to seek repayment." Yet, the class-action and counterclaim has worked its way through the courts up to the June 6 Court of Appeal decision. With the issue of counterclaim now resolved, the class action is expected to proceed. In dismissing CNA's counterclaim, the Court of Appeal also said that, "In any event, even if CNA were to plead the defence of set-off, CNA would still have to prove the defence, and if it were pleaded in contract, such proof would require CNA to prove that members of the plaintiff class were bound by the terms of the comprehensive agreement including the salary cap -- something which they do not appear to be able to do." CNA's Qatar campus teaches about 2,100 students, with a faculty and staff of roughly 600, including 400 Canadians. Of those, about 137 are Newfoundlanders and Labradorians. In spring 2017, the provincial government signed a three-year extension to CNA's Qatar contract.[GN] D&D ALBA: "Hernandez" Suit Seeks to Recover Minimum and OT Wages ---------------------------------------------------------------- ADRIAN GARCIA HERNANDEZ, individually and on behalf of others similarly situated v. D&D ALBA CONSTRUCTION/REN CORP. (D/B/A D&D ALBA CONSTRUCTION/REN CORP.) and DANNY (A.K.A. DARDAN) GASHI, Case No. 1:18-cv-05787 (S.D.N.Y., June 26, 2018), seeks to recover alleged unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act of 1938 and the New York Labor Law. D&D Alba Construction/Ren Corp. is a domestic corporation organized and existing under the laws of the state of New York and maintains its principal place of business in Hartsdale, New York. Danny (a.k.a. Dardan) Gashi serves as owner, officer or agent of the Defendant Corporation. The Defendants own, operate, or control a construction company, located in Hartsdale, New York, under the name "D&D Alba Construction/Ren Corp."[BN] The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 E-mail: Michael@Faillacelaw.com EL AL: Class Action Mulled Over Flight Delays, Cancellations ------------------------------------------------------------ Dror Halavy, writing for Hamodia, reports that El Al customers were up in arms -- again -- on June 21, as the airline canceled or delayed flights to a number of destinations. Flights to Toronto, Hong Kong, Beijing and other destinations were canceled altogether, while flights to Lisbon, Kiev, London (Luton) and other designations were delayed. A flight from London (Luton) to Tel Aviv was canceled as well. The delays continued on June 22, with a flight to Barcelona delayed by four and a half hours, while flights to Warsaw and Kiev were delayed by one or two hours. Several of the flights were code-share flights, which means that El Al may have to compensate passengers of other airlines on the flights it operates. The weekend delays joined other recent cancellations and delays, which customers have experienced on nearly a daily basis in recent weeks, Globes reported. The airline has told passengers that the delays and cancellations were due to "operational issues." The report said that a group of Israeli frequent flyers were preparing to bring a class-action lawsuit against the airline if the delays do not stop. According to Israeli law, El Al is required to compensate passengers only if a flight is canceled or delayed eight hours or more; according to rules applying to flights originating in Europe, compensation must be provided after three hours of delays. The lawsuit will demand that El Al observe the European standards on flights to Europe, the report said. [GN] EL GRAN VALLE: "Andujar" Suit Alleges FLSA and NYLL Violations -------------------------------------------------------------- Luis Marino Andujar Mateo, individually and on behalf of others similarly situated v. El Gran Valle Restaurant Corp. dba El Gran Valle, Las Hermanas Rest. Inc. dba El Gran Valle, El Nuevo Valle Rest. Corp. dba El Gran Valle, Manuel Vidal, Griselda Reyes, Delvy Castio aka Delvy Castro; aka David Castro, and Dario Doe, Case No. 1:18-cv-04069 (S.D. N.Y., May 7, 2018), is brought against the Defendants for violations of the Fair Labor Standards Act and the New York Labor Law. The Plaintiff was employed as a delivery worker at the restaurant located at 1846 Jerome Avenue, Bronx, NY 10453. The Defendants own, operate, or control a Mexican restaurant, located at 1846 Jerome Avenue, Bronx, NY 10453 under the name "El Gran Valle." [BN] The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Tel: (212) 317-1200 Fax: (212) 317-1620 EMSA CSTORE: "Ali" Suit Seeks to Recover Unpaid Overtime Wages -------------------------------------------------------------- Naeem Ali, and all others similarly situated v. Shezad Aslam Kapadia, Mehdi M. Dhukka, Ehjaz Ulhaq Ehsan, Abdullah Abdulaziz, Banafe, EMSA CStore Inc., FINA090 Investments Inc., Tristar Beechnut, Inc., Ella Convenience Store, Inc., Houston Fina, Inc., and Tri-Star Katy, Inc., Case No. 4:18-cv-01460 (S.D. Tex., May 7, 2018), seeks to recover unpaid overtime wages under the Fair Labor Standards Act. Naeem Ali, the Plaintiff, is a resident of Fort Bend County, Texas. Plaintiff was an employee who worked at Defendants' gas stations/ convenience stores as a clerk. The Defendants own and operate gas stations and convenience stores in Texas. [BN] The Plaintiff is represented by: Salar Ali Ahmed, Esq. ALI S. AHMED, P.C. One Arena Place 7322 Southwest Frwy., Suite 1920 Houston, TX 77074 Tel: (713) 223-1300 Fax: (713) 255-0013 E-mail: aahmedlaw@gmail.com ENTERGY CORP: New Law May Put an End to Customers' Lawsuit ---------------------------------------------------------- Jeff Amy, writing for The Associated Press, reports that the leader of Mississippi's largest privately owned electrical utility said in February that a new law wouldn't automatically kill a lawsuit by Attorney General Jim Hood, but Entergy Corp. now argues that the law, which doesn't even take effect until July 1, does put an end to the suit. That's just one prong of the company's argument to U.S. District Judge Carlton Reeves, seeking to end a suit in which the Democrat Hood alleges the utility overcharged customers. Entergy Mississippi, a unit of the New Orleans-based company, continues to argue that even before the law, the dispute should have been handled by the Federal Energy Regulatory Commission, or at least the Mississippi Public Service Commission. But citing the law seems to confirm Mr. Hood's fears that Entergy was using its lobbying muscle to cut off the lawsuit, despite denials. "They did lie to the Legislature," Mr. Hood said. "It was all bogus to get that bill passed." The law says that the Public Service Commission has "exclusive jurisdiction" over utility matters, and the attorney general can only appeal decisions to court or sue with commission permission. Earlier in June, Entergy filed two separate motions asking Reeves for summary judgment. "Mississippi law is clear -- and since the March 19, 2018 enactment of Senate Bill 2295 is even clearer -- that any challenge to a utility's practices alleged to have impacted rates charged to retail customers must proceed first before the (Mississippi Public Service Commission)," wrote lawyers for Entergy. Entergy Mississippi CEO Haley Fisackerly told The Associated Press in February that passage of Senate Bill 2295 wouldn't moot the lawsuit. But spokeswoman Mara Hartman said on June 22 that doesn't stop the company from relying on it in court. "To clarify, mere passage of SB 2295 would not automatically extinguish the lawsuit or guarantee dismissal," Ms. Hartmann wrote in an email. "Rather, the judge handling the lawsuit would have to determine whether the amended statute warrants dismissal." Mr. Hood claims Entergy wrongly chose to sell overpriced power from inefficient generating plants from 1998 to 2009 and should pay back up to $1.1 billion, plus penalties. His lawsuit argues Entergy instead had a duty to buy cheaper power from outside generators for its 447,000 customers in western Mississippi. Entergy faced claims from the U.S. Department of Justice that it used its electrical grid to favor its own power plants over independent generators, even when it cost more to make electricity at Entergy plants. Many generators succumbed to financial distress and Entergy bought seven of their power plants. Entergy says it did nothing wrong. But private lawyers sued two Entergy subsidiaries in Louisiana, winning about $100 million in class-action damages. They lost a Texas suit. Entergy also argues that even the Public Service Commission shouldn't have jurisdiction, saying the dispute should be decided by the Federal Energy Regulatory Commission. That's because it involved costs allocated to the Mississippi company under Entergy's now-defunct system agreement. It covered unified operation of what were then six subsidiaries. Entergy argues that buying more power for its Mississippi unit from independent producers would have harmed other subsidiaries under the system agreement. The company also says that it needed its own expensive-to-run power plants that could start and stop quickly. Entergy notes that it's required to buy electricity generated as a byproduct at industrial plants. Louisiana and Texas have many such plants and Entergy says the power supply can shift from moment to moment. Ultimately, Entergy argues that Hood is trying to usurp the Public Service Commission's ratemaking power. "The attorney general's attempt to establish a dual system of utility regulation is improper and is a waste of taxpayer money," Ms. Hartmann wrote. [GN] ENTERPRISE HOLDINGS: Fails to Pay OT Under FLSA, "Fernandez" Says ----------------------------------------------------------------- DENICE FERNANDEZ, on behalf of herself and all other similarly situated individuals v. ENTERPRISE HOLDINGS, INC., a business entity, Case No. 0:18-cv-61430-UU (S.D. Fla., June 26, 2018), alleges that the Plaintiff, pursuant to the Fair Labor Standards Act, is entitled to be paid time and one-half for each hour worked in excess of 40 in each workweek. Enterprise Holdings, Inc., is a Florida corporation, which conducts substantial business in Broward County, Florida. The Company is a nationwide company that rents cars to the motoring public, including rentals when car owners get into accidents and need a temporary rental from a rental company, which is typically part of their insurance coverage.[BN] The Plaintiff is represented by: Chris Kleppin, Esq. GLASSER & KLEPPIN, P.A. 8751 W. Broward Blvd., Suite 105 Plantation, FL 33324 Telephone: (954) 424-1933 Facsimile: (954) 474-7405 E-mail: ckleppin@gkemploymentlaw.com EPIC SYSTEMS: Ruling Deals Blow to Workers' Rights -------------------------------------------------- Clermont Ripley, writing for The Progressive Pulse, reported that in in the Epic Systems, Corp. v. Lewis decision, the U.S. Supreme Court all but obliterated the ability of workers who are victims of the same workplace abuse to join together to bring class or collective actions, or to pursue their claims in court. The right of workers to join together to enforce workplace laws is the cornerstone of national labor policy. Federal law gives employees the right to engage in "concerted" -- or group -- activities for their "mutual aid or protection" and prohibits employers from interfering with this right. Unfortunately, Justice Gorsuch's opinion held that despite that right, it is acceptable for employers to force their employees, as a condition of employment, to sign mandatory arbitration clauses which include class or collective action waivers. These mandatory arbitration clauses bar employees from bringing their wage and hour, discrimination, and other employment claims as class or collective actions or from obtaining relief on behalf of a group of workers. Instead, employees must pursue their claims in closed-door individual arbitrations -- an expensive process that has been shown to favor corporations over individuals. Large employers have been requiring their employees to sign away their right to bring class and collective actions or to go to court with increasing frequency. Last year, a report by the Economic Policy Institute found that more than half of private sector nonunion employees were already subject to forced arbitration clauses and 30% of those employees had also signed class action waivers. In the wake of Justice Gorsuch's Epic Systems opinion, those numbers are sure to increase. These agreements are good for employer because they know that if an individual employee has to pursue their claim alone, chances are slim they will actually pursue it. Not only do the workers risk termination or other forms of retaliation, but in the case of unpaid wage claims, the expense of litigating a case can easily dwarf the amount of unpaid wages for an individual employee. It is far more economical to pursue those claims as a group. This type of systemic wage theft is no small problem. A new report by Jobs with Justice and Good Jobs First, found that since 2000, employers have paid out $8.8 billion to employees in wage theft litigation. Not only that, the giant companies in the Fortune 500, Fortune Global 500 and Forbes list of largest privately held firms are some of the worst offenders, with Walmart leading the pack. Because arbitration takes place in a private forum the decisions are usually secret and do not have the effect of curbing bad behavior by these employers by bringing it to light or by allowing victims to band together. The #MeToo movement has shown that when sexual harassment and sex discrimination violations are dealt with individually and in secret, the perpetrators -- be they elected officials or large corporations -- will continue to break the law. ESPERION THERAPEUTICS: Bailey Files Securities Class Suit --------------------------------------------------------- Kevin Bailey, individually and on behalf of others similarly situated v. Esperion Therapeutics, Inc., Timothy M. Mayleben and Richard B. Bartram, Case No. 3:18-cv-11438 (E.D. Mich., May 7, 2018), seeks damages caused by the Defendants' violations of the federal securities laws and to pursue remedies under the Securities Exchange Act of 1934. This is a federal securities class action on behalf of a class consisting of all persons other than Defendants who purchased or otherwise acquired Esperion securities between February 22, 2017 and May 1, 2018, both dates inclusive. The Plaintiff acquired Esperion securities at artificially inflated prices during the Class Period and was damaged upon the revelation of corrective disclosures, says the complaint. Esperion is a biopharmaceutical company that is primarily focused on the research and development of oral and small molecule therapies for the treatment of patients with elevated levels of low-density lipoprotein cholesterol and other cardio metabolic risk factors. Bempedoic acid and its lead product candidate, the bempedoic acid/ezetimibe combination pill, are targeted therapies focused on reducing elevated LDL-C levels in patients with hypercholesterolemia. The Company owns the exclude worldwide rights to bempedoic acid. Founded in January 2008, the Company is headquartered in Ann Arbor, Michigan. Esperion's stock trades on the NASDAQ Global Market under the ticker symbol "ESPR." The Individual Defendants are officers of Esperion. The Individual Defendants possessed the power and authority to control the contents of Esperion's SEC filings, press releases, and other market communications. [BN] The Plaintiff is represented by: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Tel: (212) 661-1100 Fax: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com EXPRESS SCRIPTS: Zucker Seeks to Enjoin Vote on Merger With Cigna ----------------------------------------------------------------- LAWRENCE ZUCKER, Individually and On Behalf of All Others Similarly Situated v. EXPRESS SCRIPTS HOLDING COMPANY, MAURA C. BREEN, WILLIAM J. DELANEY, ELDER GRANGER, NICHOLAS J. LAHOWCHIC, THOMAS P. MAC MAHON, KATHLEEN M. MAZZARELLA, WOODROW A. MYERS, JR., FRANK MERGENTHALER, RODERICK A. PALMORE, GEORGE PAZ, WILLIAM L. ROPER, SEYMOUR STERNBERG, and TIMOTHY WENTWORTH, Case No. 1:18-cv-00949-UNA (D. Del., June 26, 2018), seeks to enjoin the vote on a proposed transaction pursuant to which Express Scripts will be acquired by Cigna Corporation through its wholly owned subsidiaries, Halfmoon Parent, Inc. ("New Cigna"), Halfmoon I, Inc. ("Cigna Merger Sub") and Halfmoon II, Inc. On March 8, 2018, Express Scripts and Cigna issued a joint press release announcing they had entered into an Agreement and Plan of Merger dated March 8, 2018. Pursuant to the terms of the Merger Agreement, following a series of mergers, Express Scripts and Cigna will be combined under a new holding company, New Cigna, which will be renamed "Cigna Corporation" immediately after the mergers. Express Scripts stockholders will receive 0.2434 of a share of New Cigna common stock and $48.75 in cash for each Express Scripts common share held. The Proposed Transaction is valued at approximately $54 billion, excluding debt. Express Scripts is a Delaware corporation with its principal executive offices located in St. Louis, Missouri. Express Scripts is the largest independent pharmacy benefit management company in the U.S. The Individual Defendants are directors and officers of the Company. Cigna is a Delaware corporation with its principal executive offices located in Bloomfield, Connecticut. Cigna is a global health service company that provides medical, pharmacy, behavioral, dental, disability, life and accident insurance and related products and services. New Cigna is a Delaware corporation and a direct wholly owned subsidiary of Cigna. Cigna Merger Sub is a Delaware corporation and a direct wholly owned subsidiary of New Cigna. Express Scripts Merger Sub is a Delaware corporation and a direct wholly owned subsidiary of New Cigna.[BN] The Plaintiff is represented by: R. Joseph Hrubiec, Esq. NAPOLI SHKOLNIK, LLC 919 Market Street, Suite 1801 Wilmington, DE 19801 Telephone: (302) 330-8025 E-mail: RHrubiec@NapoliLaw.com - and - Aaron Brody, Esq. STULL, STULL, & BRODY 6 East 45th Street New York, NY 10017 Telephone: (212) 687-7230 Facsimile: (212) 490-2022 E-mail: abrody@ssbny.com FACEBOOK INC: "Bouillon" Suit Alleges SCA Violation --------------------------------------------------- Matthew Bouillon, individually and on behalf of all others similarly situated v. Facebook, Inc., and Does 1-10, Case No. 3:18-cv-02565 (N.D. Calif., May 1, 2018), is brought against the Defendants for violation of the Stored Communications Act. The Plaintiff Matthew Bullion is a resident of the City and County of Denver, Colorado. Plaintiff has held a Facebook account since at least 2007. Plaintiff is an active user and has been at all relevant times. The Defendant Facebook is a Delaware corporation with its principal place of business in Menlo Park, California. Facebook operates www.facebook.com, a social networking platform that allows users to create online profiles. [BN] The Plaintiff is represented by: Christopher P. Ridout, Esq. ZIMMERMAN REED LLP 2381 Rosecrans Ave., Suite 328 Manhattan Beach, CA 90245 Tel: (877) 500-8780 Fax: (877) 500-8781 E-mail: christopher.ridout@zimmreed.com FIRSTFLEET INC: "Carnegie" Suit Alleges ERISA Violation ------------------------------------------------------- Christopher Carnegie, individually and on behalf of all others similarly situated v. Firstfleet, Inc. of Tennessee dba First Fleet, Inc., Case No. 8:18-cv-01070 (M.D. Fla., May 2, 2018), is brought against the Defendant for violation of the Employee Retirement Income Security Act of 1974, as amended by the Consolidated Omnibus Budget Reconciliation Act of 1984. The Plaintiff alleges that the Defendant, the Plan Administrator of the Health Plan, has repeatedly violated ERISA by failing to provide participants and beneficiaries in the Plan with adequate notice, as prescribed by COBRA, of their right to continue their health coverage upon the occurrence of a "qualifying event" as defined by the statute. As a result, these violations threaten Class Members' ability to maintain health coverage. The Plaintiff is a Florida resident and former employee of the Defendant who was a covered employee and participant in the Plan the day before the termination of his employment on or about January of 2017. The Plaintiff was employed by Defendant as a driver. The Defendant is a foreign corporation with its headquarters in Tennessee, and employed more than 20 employees who were members of the Plan in each year from 2011 to 2017. [BN] The Plaintiff is represented by: Luis A. Cabassa, Esq. Brandon J. Hill, Esq. WENZEL FENTON CABASSA, P.A. 1110 N. Florida Avenue, Suite 300 Tampa, FL 33602 Tel: (813) 224-0431 Fax: (813) 229-8712 E-mail: lcabassa@wfclaw.com bhill@wfclaw.com FLEX PHARMA: Sued by Rumaldo for Overstating Viability of FLX-787 ----------------------------------------------------------------- TEOFILINA RUMALDO, Individually and On Behalf of All Others Similarly Situated v. FLEX PHARMA, INC. WILLIAM K. MCVICAR AND JOHN MCCABE, Case No. 1:18-cv-05493-VSB (S.D.N.Y., June 19, 2018), alleges that the Defendants made false and misleading statements, and failed to disclose that: (i) Flex Pharma overstated the viability and approval prospects for its product candidate FLX-787 for the treatment of amyotrophic lateral sclerosis and Charcot-Marie-Tooth disease; and (ii) as a result, Flex Pharma's public statements were materially false and misleading at all relevant times. Flex Pharma is incorporated in Delaware with its principal executive offices located in Boston, Massachusetts. The Individual Defendants are directors and officers of the Company. Flex Pharma is a biotechnology company that develops clinically proven products and treatments for muscle cramps and spasms. The Company develops medicines for nocturnal leg cramps, cervical dystonia, spinal cord spasticity, and multiple sclerosis.[BN] The Plaintiff is represented by: Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com - and - Peretz Bronstein, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 Telephone: (212) 697-6484 E-mail: peretz@bgandg.com FRONTLINE ASSET: Debt Collection Violates FDCPA, "Boggerty" Says ---------------------------------------------------------------- Andre Boggerty, individually and on behalf of all others similarly situated v. Frontline Asset Strategies LLC, JH Portfolio Debt Equities, LLC and John Does 1-25, Case No. 1:18- cv-00890-UNA (D. Del., June 15, 2018), alleges that the Defendant's deceptive, misleading and false debt collection practices violates the Fair Debt Collections Practices Act. Frontline and JH Portfolio are debt collectors as the phrase is defined in the FDCPA. They use mail, telephone, and facsimile and regularly engage in business the principal purpose of which is to attempt to collect debts alleged to be due another. The identities of the Doe Defendants are currently unknown to the Plaintiff.[BN] The Plaintiff is represented by: Antranig Garibian, Esq. GARIBIAN LAW OFFICES, P.C. 1010 N. Bancroft Pkwy., Suite 22 Wilmington, DE 19805 Telephone: (302) 722-6885 E-mail: ag@garibianlaw.com GEMINI DINER: Espindola Sues to Recover Minimum & Overtime Wages ---------------------------------------------------------------- MARIO CASTANEDA ESPINDOLA, individually and on behalf of others similarly situated v. GEMINI DINER INC. (D/B/A GEMINI DINER), KONSTANTINE KASSIMIS, VICENTE DOE, SPIRO DOE, and CHRISTOS ARGYROS, Case No. 1:18-cv-05425 (S.D.N.Y., June 15, 2018), is brought for alleged unpaid minimum and overtime wages pursuant to the Fair Labor Standards Act of 1938 and the New York Labor Law. Gemini Diner Inc. is a domestic corporation organized and existing under the laws of the state of New York. The Individual Defendants serve or served as owners, managers, principals, or agents of the Defendant Corporation. The Defendants own, operate or control a diner located at 641 Second Avenue, in New York City under the name "Gemini Diner."[BN] The Plaintiff is represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 E-mail: Michael@Faillacelaw.com GENTLE RIDE: Fails to Pay Minimum & Overtime Wages, Martinez Says ----------------------------------------------------------------- BENNY MARTINEZ, on behalf of himself and all similarly situated employees v. GENTLE RIDE LLC dba SAFEAID, a California corporation, and DOES 1 through 50, inclusive, Case No. BC709670 (Cal. Super. Ct., Los Angeles Cty., June 18, 2018), accuses the Defendants of failing to pay minimum and overtime wages, and to provide rest periods. Gentle Ride is a limited liability company. The Company provides non-emergency medical transport. The Plaintiff is ignorant of the true names and capacities of the Doe Defendants.[BN] The Plaintiff is represented by: Kevin Mahoney, Esq. Shawn I. Pardo, Esq. MAHONEY LAW GROUP, APC 249 E. Ocean Blvd., Suite 814 Long Beach, CA 90802 Telephone: (562) 590-5550 Facsimile: (562) 590-8400 E-mail: kmahoney@mahoney-law.net spardo@mahoney-law.net GO NEW YORK: Herbert Sues Over Staff Misclassification ------------------------------------------------------ SHELDON HERBERT, BENJAMIN DAVIS, JUSTYN MARTINDALE, Individually and on Behalf of All Other Persons Similarly Situated v. GO NEW YORK TOURS INC., ASEN KOSRADINOV, MICHAEL LONDON, ALON BRAND, and JOHN DOES #1-10, Case No. 1:18-cv-05653-AJN (S.D.N.Y., June 21, 2018), alleges that the Defendants illegally misclassified the Plaintiffs and similar bus station/boat dock supervisor employees as exempt from the Fair Labor Standards Act and not paid federal minimum and overtime wages. Go New York Tours Inc. is a New York corporation with its principal place of business in New York City. The Individual Defendants are owners, officers, directors or managing agents of the Corporate Defendant. The Defendants provide tour and related services around New York.[BN] The Plaintiffs are represented by: William C. Rand, Esq. LAW OFFICE OF WILLIAM COUDERT RAND 501 Fifth Avenue, 15th Floor New York, NY 10017 Telephone: (212) 286-1425 Facsimile: (646) 688-3078 E-mail: wcrand@wcrand.com GRAYSLAKE AUTOS: "Eckles" Seeks to Recover Bonus for Sales Reps --------------------------------------------------------------- JEREMY ECKLES, and EDWARD RISHER on behalf of themselves and all others similarly situated v. GRAYSLAKE AUTOS LLC, SCOTT FALCONE, individually and ROBERT D. WATSON, individually, Case No. 1:18- cv-04188 (N.D. Ill., June 15, 2018), seeks to recover minimum wages, unpaid commissions and unlawful deductions for the Plaintiffs and similarly situated sales representatives, who worked for the Defendants. Grayslake Autos LLC is an Illinois corporation with its principal place of business located in Grayslake, Illinois. The Individual Defendants founded Grayslake Autos. Until in or around 2018, The Individual Defendants owned and operated the Rock Chevy dealership located at 1000 E. Belvidere Road, in Grayslake, Illinois.[BN] The Plaintiffs are represented by: Douglas M. Werman, Esq. WERMAN SALAS P.C. 77 West Washington Street, Suite 1402 Chicago, IL 60602 Telephone: (312) 419-1008 E-mail: dwerman@flsalaw.com - and - Joseph A. Fitapelli, Esq. Frank J. Mazzaferro, Esq. FITAPELLI & SCHAFFER, LLP 28 Liberty Street, 30th Floor New York, NY 10005 Telephone: (212) 300-0375 E-mail: jfitapelli@fslawfirm.com fmazzaferro@fslawfirm.com HASS INTERESTS: Fails to Pay Overtime Under FLSA, "Griffin" Says ---------------------------------------------------------------- JOSEPH GRIFFIN, and all others similarly situated v. HASS INTERESTS, LLC, and, SAMM WIGGINS, JR., Case No. 4:18-cv-01959 (S.D. Tex., June 14, 2018), seeks damages for alleged unpaid overtime, liquidated damages, injunctive relief, declaratory relief, and a reasonable attorney's fee and costs pursuant to the Fair Labor Standards Act. Hass Interests, LLC, is a limited liability corporation existing under the laws of the state of Texas and maintains offices in Houston, Texas. Hass operates a company that primarily operates as a contract service provider for Amazon.com, Inc. Samm Wiggins, Jr., a resident of Houston, Texas, is a managing member of Hass.[BN] The Plaintiff is represented by: Charles L. Scalise, Esq. Daniel B. Ross, Esq. ROSS LAW GROUP 1104 San Antonio Street Austin, TX 78701 Telephone: (512) 474-7677 Facsimile: (512) 474-5306 E-mail: Charles@rosslawpc.com dbr@rosslawpc.com HARRIS CUISINE: Figueroa Sues Over Unpaid Wages ----------------------------------------------- GUSTAVO FIGUEROA II, individually and on behalf of other similarly situated individuals employed as servers at Lilette restaurant v. HARRIS CUISINE LLC; HARRIS JMH PROPERTIES, LLC; and JOHN M. HARRIS, Case No. 2:18-cv-06109 (E.D. La., June 20, 2018), alleges that the Defendants have willfully violated the Fair Labor Standards Act and state law by intentionally failing and refusing to pay the Plaintiff and other similarly situated employees all compensation due them under the FLSA and its implementing regulations over the course of the last three years. Harris Cuisine is a limited liability company licensed to do and doing business in Louisiana with its principal place of business in New Orleans, Louisiana. Harris Properties is a limited liability company licensed to do and doing business in Louisiana with its principal place of business in New Orleans. Harris Properties owns the property wherein Lilette operates. The Defendants own and operate Lilette, a fine-dining restaurant located at 3637 Magazine Street, in New Orleans, Louisiana. John M. Harris is the chef-owner of Lilette and the managing member of the Corporate Defendants.[BN] The Plaintiff is represented by: Dominic J. Gianna, Esq. William D. Aaron, Jr., Esq. Lee M. Rudin, Esq. AARON & GIANNA, PLC 201 St. Charles Avenue, Suite 3800 New Orleans, LA 70170-3800 Telephone: (504) 569-1800 Facsimile: (504) 569-1801 E-mail: dgianna@aarongianna.com waaron@aarongianna.com lrudin@aarongianna.com HIGH Q AUTOMOTIVE: "Bowlby" TCPA Suit Alleges Invasion of Privacy ----------------------------------------------------------------- Jay Bowlby, individually and on behalf of all others similarly situated v. High Q Automotive Consulting, LLC, a Florida Limited Liability Company, Case No. 9:18-cv-80775-RLR (S.D. Fla., June 14, 2018), seeks to secure redress for alleged violations of the Telephone Consumer Protection Act. To promote its services, the Defendant engages in unsolicited marketing, harming thousands of consumers in the process, Mr. Bowlby asserts. He argues that the Defendant's illegal conduct has resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals. High Q is a Florida corporation whose principal office is located in Plantation, Florida. High Q is an automotive dealership that sells vehicles for individuals and businesses.[BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 400 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com HOSOPO CORPORATION: Accused by "Kiefer" Suit of Invading Privacy ---------------------------------------------------------------- MICHAEL KIEFER, individually and on behalf of all others similarly situated v. HOSOPO CORPORATION d/b/a HORIZON SOLAR POWER; and DOES 1 through 10, inclusive, Case No. 3:18-cv-01353- CAB-KSC (S.D. Cal., June 20, 2018), accuses the Defendants of negligently contacting the Plaintiff on his cellular telephone in violation of the Telephone Consumer Protection Act, thereby, invading his privacy. Hosopo Corporation, doing business as Horizon Solar Power, is solar construction company. The true names and capacities of the Doe Defendants are currently unknown to the Plaintiff.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, 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 mgeorge@toddflaw.com HYUNDAI MOTOR: Smolek Files Suit Over Faulty Theta II Engines ------------------------------------------------------------- ANDREA SMOLEK, individually and on behalf of all others similarly situated v. HYUNDAI MOTOR AMERICA and KIA MOTORS AMERICA, INC., Case No. 2:18-cv-05255-CAS-JPR (N.D. Ill., June 16, 2018), arises from alleged defective Theta II engines found in hundreds of thousands of Hyundai and Kia vehicles in the United States. According to the complaint, the Theta II engine's fuel injection system causes contaminants to enter the engine's oil supply. Initial symptoms of the Defect include a knocking noise from the engine, a reduction in engine power, and engine stalling events. When the level of contaminants in the oil supply sufficiently thicken the Theta II engine's oil supply, the engine fails, leading to an immediate loss of engine power and power steering. Hyundai Motor America is a California corporation headquartered in Fountain Valley, California. HMA is a subsidiary of Hyundai Motor Company. HMA is involved in the design, manufacture, assembly, marketing, distribution and sale of Affected Hyundai Vehicles sold in the United States. HMC is a Korean corporation headquartered in Seoul, South Korea. Kia Motors America is a California corporation headquartered in Irvine, California. KMA is actively involved in the design, manufacture, assembly, marketing, distribution, and sale of Affected Kia Vehicles sold in the United States.[BN] The Plaintiff is represented by: Jason S. Rathod, Esq. Nicholas Migliaccio, Esq. Esfand Nafisi, Esq. MIGLIACCIO & RATHOD LLP 412 H. St. NE, Suite 302 Washington, DC 20002 Telephone: (202) 470-3520 Facsimile: (202) 800-2730 E-mail: jrathod@classlawdc.com nmigliaccio@classlawdc.com enafisi@classlawdc.com - and - Stacy M. Bardo, Esq. BARDO LAW, P.C. 22 West Washington Street, Suite 1500 Chicago, IL 60602 Telephone: (312) 219-6980 Facsimile: (312) 219-6981 E-mail: stacy@bardolawpc.com IDAHO: To Establish In-House Public Defense Office Amid Suit ------------------------------------------------------------ The Associated Press reports that county commissions in central Idaho say they are moving forward with a plan to establish an in-house public defense office rather than continue contracting lawyers to provide representation for poor people caught in the criminal justice system. The Idaho Mountain Express reports that the Blaine County plan comes at a time when Idaho is facing a class-action lawsuit over allegations the state's public defense system is faulty and violates the 6th Amendment rights of its citizens. County commissioners have recently asked staff to figure out the cost of building a new four-person public defense department that would mirror the structure of the prosecuting attorney's office. Last year, Blaine County spent $364,000 in public defense contracting fees. Early estimates of the new department are expected to be around $600,000 annually. [GN] ILLEN PRODUCTS: Gorss Challenges Sending of Unsolicited Faxes ------------------------------------------------------------- GORSS MOTELS, INC., a Connecticut corporation, individually and as the representative of a class of similarly-situated persons v. ILLEN PRODUCTS LTD. d/b/a IMPRINT PLUS and CCL INDUSTRIES INC., Case No. 3:18-cv-01052 (D. Conn., June 20, 2018), challenges the Defendants' alleged practice of sending unsolicited facsimiles, in violation of the Telephone Consumer Protection Act of 1991, as amended by the Junk Fax Prevention Act of 2005. Illen Products Ltd. is a Canadian corporation that does business as Imprint Plus. CCL Industries Inc. is a Canadian corporation. On April 12, 2018, CCL acquired all of the stock of Illen.[BN] The Plaintiff is represented by: Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 Algonquin Road, Suite 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 E-mail: rkelly@andersonwanca.com ISSUU INC: Sued by White for Violating TCPA and Invading Privacy ---------------------------------------------------------------- STEPHEN WHITE, individually and on behalf of all others similarly situated v. ISSUU, INC., a Delaware corporation, Case No. 1:18- cv-00107-MW-GRJ (N.D. Fla., June 18, 2018), arises from the Defendant's alleged illegal actions in contacting the Plaintiff's cellular telephone in violation of the Telephone Consumer Protection Act, thereby, invading his privacy. Issuu is a Delaware corporation with its principal place of business located in Palo Alto, California. Issuu is a company that created and marketed a Web site designed to, among other things, facilitate the distribution and sharing of digitally bound media and publications. Issuu, as a digital publishing company, is paid by content-providers to publish their content on its digital platform, along with certain other features, including marketing and distribution.[BN] The Plaintiff is represented by: Jacob L. Phillips, Esq. NORMAND PLLC 62 W. Colonial Dr., Suite 209 Orlando, FL 32801 Telephone: (407) 603-6031 E-mail: jacob@ednormand.com JC PENNEY: Faces "Hernandez" Suit in N.Y. Over Unsolicited Texts ---------------------------------------------------------------- JANIMARY HERNANDEZ, on behalf of herself and all others similarly situated v. J. C. PENNEY COMPANY, INC., Case No. 1:18-cv-05759 (S.D.N.Y., June 26, 2018), is brought on behalf of all consumers in the United States, who have received unsolicited and unconsented-to commercial text messages to their mobile phones from the Defendant, in violation of the Telephone Consumer Protection Act. J. C. Penney Company, Inc., is an online/department store chain headquartered in Plano, Texas.[BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 30 East 39th Street, Second Floor New York, NY 10016 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 E-mail: cklee@leelitigation.com JOHNNY'S PIZZA: Servers File Minimum Wage Class Action ------------------------------------------------------ Ben Nelms, writing for The Citizen, reports that a collective action lawsuit filed in U.S. District Court for the Northern District of Georgia in Newnan alleges that Johnny's Pizza improperly denies its servers federally-mandated minimum wages. Johnny's Pizza in Fayetteville is not part of the litigation. Johnny's Pizza in Fayetteville franchise owner Marty Martino said his location is not involved in the lawsuit and has never participated in the practices mentioned in the litigation. The lawsuit alleges that Johnny's Pizza requires servers to share the tips they earn with dishwashers and others who are paid above the federally-mandated $7.25 per hour minimum wage. The lawsuit also claims that Johnny's Pizza servers are required to perform non-tip producing work, like side-work, more than 20 percent of their day. As a result, the lawsuit contends, Johnny's Pizza has violated the Fair Labor Standards Act. Ms. (Rebekah) Ricker seeks compensation in the form of back pay for all hours in which she was paid below $7.25. She seeks such a recovery for all servers in Georgia who have worked for Johnny's Pizza at any time in the last three years, according to Barret, Johnston, Martin and Garrison attorney Daniel Craig. Speaking of his restaurant in Fayetteville, Mr. Martino said, "In the three years we have owned Johnny's in Fayetteville, we have never participated in the practices mentioned. We pay our servers a base wage well above what most other restaurants pay. The servers make and keep their own tips. The servers, if they so choose, can share their tips with the dish personnel. That is completely up to their discretion and is voluntary. Some do, some choose not to. That is between the server and the dish personnel, we have no say in the matter." The lawsuit was brought on behalf of all servers for Johnny's Pizza in Georgia, said Mr. Craig. "These workers seek nothing more than what they are owed under the law," said plaintiffs' counsel David Garrison, of Barrett Johnston Martin & Garrison, LLC. "If Johnny's Pizza wants to pay its servers an hourly wage lower than the federally-mandated minimum wage, then it must allow them to work like tipped employees and keep the tips they earn, rather than using that money to pay its dishwashers and other kitchen workers." [GN] JOHNNY'S PIZZA: Ricker Seeks to Recover Minimum & Overtime Wages ---------------------------------------------------------------- REBEKAH RICKER, On Behalf of HERSELF and All Others Similarly Situated v. JOHNNY'S PIZZA, INC. and JOHNNY'S PIZZA FRANCHISE SYSTEMS, INC., Case No. 3:18-cv-00069-TCB (N.D. Ga., June 14, 2018), seeks to recover alleged unpaid minimum and overtime wages under the Fair Labor Standards Act. Johnny's Pizza, Inc., is a Georgia corporation with its principal office located in Newnan, Georgia. Johnny's Pizza Franchise Systems, Inc., is a Georgia corporation with its principal office located in Newnan. Johnny's Pizza operates a pizza restaurant chain with locations throughout the state of Georgia. Johnny's Pizza operates nearly 50 restaurants in many Georgia cities, including Acworth, Alpharetta, Athens, Atlanta, Bethlehem and Bonaire.[BN] The Plaintiff is represented by: Michael J. Moore, Esq. Aimee J. Hall, Esq. POPE, MCGLAMRY, KILPATRICK, MORRISON & NORWOOD, P.C. 3391 Peachtree Road, NE, Suite 300 P.O. Box 191625 (31119-1625) Atlanta, GA 30326 Telephone: (404) 523-7706 E-mail: michaelmoore@pmkm.com aimeehall@pmkm.com - and - David W. Garrison, Esq. Joshua A. Frank, Esq. BARRETT JOHNSTON MARTIN & GARRISON, LLC Bank of America Plaza 414 Union Street, Suite 900 Nashville, TN 37219 Telephone: (615) 244-2202 Facsimile: (615) 252-3798 E-mail: dgarrison@barrettjohnston.com jfrank@barrettjohnston.com KANAN ENTERPRISES: Accused by "Covington" Suit of FLSA Violations ----------------------------------------------------------------- VIOLET COVINGTON, on behalf of herself and all others similarly situated v. KANAN ENTERPRISES, INC. d/b/a KING NUT COMPANY, Case No. 1:18-cv-01453 (N.D. Ohio, June 26, 2018), challenges the alleged policies and practices of the Defendant that violate the Fair Labor Standards Act, as well as the Ohio overtime compensation statute. Pursuant to its uniform companywide policy, the Defendant rounds its employees' clock-in time in a manner in which an employee always loses credit for time actually worked, Ms. Covington alleges. Kanan Enterprises, Inc., doing business as King Nut Company, is an Ohio corporation with its corporate offices located in Solon, Ohio. Kanan produces and markets peanuts, nuts, dried fruits, snacks, soy, snack mixes, granolas, pretzels, chocolates, and candies. The Company offers gift certificates and baskets, animal feeds, and salad toppings.[BN] The Plaintiff is represented by: Hans A. Nilges, Esq. Shannon M. Draher, Esq. NILGES DRAHER, LLC 7266 Portage St., N.W., Suite D Massillon, OH 44646 Telephone: (330) 470-4428 E-mail: hans@ohlaborlaw.com sdraher@ohlaborlaw.com KANSAS, USA: "Moore" Suit Seeks to Stop Release of Personal Info ---------------------------------------------------------------- SCOTT MOORE, JAMES LONG, AND NANCY PERRY, on behalf of themselves and all others similarly situated v. KRIS KOBACH, in his individual capacity and official capacity as the Secretary of State of Kansas, Case No. 2:18-cv-02329-CM-GLR (D. Kan., June 19, 2018), arises from Kris Kobach's alleged reckless disclosure of private personal information entrusted to him by thousands of Kansas voters. The Plaintiffs tell the Court that they bring this action to enjoin Mr. Kobach from continuing to maintain, share, and release their sensitive voter registration information, including their partial social security number, to other states in connection with the Interstate Voter Registration Crosscheck Program. They also seek to remedy past disclosures of their sensitive personal information exposed as a result of Kansas's participation in Crosscheck. Crosscheck is a data comparison program administered by Mr. Kobach and used to compare voter registration information among participating states, including Kansas. The program is free of charge to participating states and is exclusively funded by Kansas taxpayers. Kris W. Kobach is the Secretary of State of the State of Kansas. He is the State's chief election official responsible for overseeing all election related matters, including voter registration list maintenance, and identifying voters who are possibly registered in another state.[BN] The Plaintiffs are represented by: Lauren Bonds, Esq. ACLU FOUNDATION OF KANSAS 6701 W. 64th St., Suite 210 Overland Park, KS 66202 Telephone: (913) 490-4100 Facsimile: (913) 490-4119 E-mail: lbonds@aclukansas.org - and - Mark P. Johnson, Esq. DENTONS US LLP 4520 Main Street, Suite 1100 Kansas City, MO 64111 Telephone: (816) 460-2400 Facsimile: (816) 531-7545 E-mail: mark.johnson@dentons.com KANSAS, MO: "Black" Suit Alleges Due Process Rights Violation ------------------------------------------------------------- Dyanna Black, individually and on behalf of all others similarly situated individuals v. City of Kansas, Missouri, Nathan Garrett, Sly James, Leland Shurin, Mark Tolbert, and Don Wagner, Case No. 4:18-cv-00333 (W.D. Mo., May 1, 2018), is brought against the Defendants for violations of procedural due process rights protected by the Fourteenth Amendment of the United States Constitution. The Plaintiff, Dyanna Black, is a United States citizen who resides in Kansas City, Missouri. The Defendant City of Kansas City is a political subdivision and a municipality of the state of Missouri. The Individual Defendants are members of the Kansas City Board of Police Commissioners. [BN] The Plaintiff is represented by: Anthony E. Rothert, Esq. Jessie Steffan, Esq. ACLU of Missouri Foundation 906 Olive Street, Suite 1130 St. Louis, MO 63101 Tel: (314) 652-3114 E-mail: arothert@aclu-mo.org jsteffan@aclu-mo.org KANYE WEST: Must Face Lawsuit Over "The Life of Pablo" ------------------------------------------------------ Marc Hogan, writing for the Pitchfork, reports that Kanye West and Tidal can't dodge a lawsuit that alleges they tricked fans into subscribing to the streaming service by falsely claiming it would be the only place to hear West's 2016 album The Life of Pablo, a judge has ruled. In an an 18-page opinion, U.S. District Court Judge Gregory Woods granted parts of Tidal's motions to dismiss the proposed class- action lawsuit but denied other parts, allowing the case to go forward as it relates to a tweet West made on February 15, 2016. In the tweet, West said that The Life of Pablo "will never never never be on Apple. And it will never be for sale . . . You can only get it on Tidal." Six weeks later, The Life of Pablo was available on other platforms, including Apple. Last year, in a motion to dismiss, West pointed out that The Life of Pablo was "updated and remixed numerous times, with different vocals, lyrics, and arrangements." He contended that his tweet was true because only these newly updated and remixed versions of The Life of Pablo "have been made available for purchase or streaming on platforms other than Tidal." In the ruling, the judge wrote that "Mr. West's argument is tenuous, and certainly does not pass muster in the context of a motion to dismiss." The lawsuit was filed in 2016 on behalf of Justin Baker-Rhett, described in the opinion as a fan of West's music, and others in a similar situation. Rhett claimed that he subscribed to Tidal because wrongly believed it was the only place he would ever be able to hear The Life of Pablo. The judge threw out the lawsuit's claims that West and Tidal violated New York state law, ruling that Baker-Rhett's transaction with Tidal didn't have enough of a connection to New York. The judge also dismissed claims based on a tweet from Tidal on February 14, 2016 saying that The Life of Pablo would be streaming "exclusively" on the platform, as well as claims based on the notion that Tidal falsely concealed from fans that the album would be exclusive only for six weeks. A Tidal spokesperson declined to comment. Lawyers for West didn't immediately respond to Pitchfork's requests for comment. A lawyer for Baker-Rhett cheered the judge's ruling. "The defendants made a bunch of arguments to get the case thrown out but the court accepted our core premise: what we alleged constitutes consumer fraud," the lawyer, Jay Edelson, Esq. -- jedelson@edelson.com -- told Pitchfork in an email. "The court wants us to amend our pleadings and, based on how it decided certain issues, we won't easily be able to have one nationwide class. That means that we will be bringing a bunch of state-by- state class actions. This is a bit of a 'be careful what you wish for' situation for the defendants."[GN] KENNETH EISEN: Not Covered Under Policy, Houston Specialty Claims ----------------------------------------------------------------- HOUSTON SPECIALTY INSURANCE COMPANY v. KENNETH EISEN & ASSOCIATES, LTD., and FREDERICK LUSTER, Individually and as Putative Class Representative, Case No. 1:18-cv-02985-AT (N.D. Ga., June 20, 2018), seeks a judicial declaration that Eisen is not entitled to coverage under the Insurance Policy in issue for the class action lawsuit against Eisen brought by Frederick Luster. The Complaint in the Luster Lawsuit, Case No. 1:15-cv-01428 (RWS) (N.D. Ga.), seeks an award of actual damages or alternatively, the $500 per violation statutory penalty damage amount (whichever is greater), as well statutory treble damages for alleged repeated violations of the Telephone Consumer Protection Act by virtue of Eisen's alleged use of an automatic telephone dialing system. Houston Specialty issued to Eisen a $1 Million Miscellaneous Professional Liability Insurance policy, Policy No. MP 00000122- 00, with a policy period of August l, 2014, to August l, 2015. The Plaintiff contends that the Policy excludes from the definition of Damages, amounts that constitute "penalties." The Plaintiff asserts that statutory damages under the TCPA constitute a penalty and are not covered as Damages under the Policy. Houston Specialty is a foreign corporation organized under the laws of the state of Delaware with its principal place of business located in Houston, Texas. Eisen is a foreign corporation organized under the laws of the state of Arizona with its principal place of business located Phoenix, Arizona. Eisen is a debt collection service. Frederick Luster is a citizen of the state of Georgia.[BN] The Plaintiff is represented by: Fred M. Valz, III, Esq. Melissa L. Bailey, Esq. CARLOCK COPELAND & STAIR, LLP 191 Peachtree Street NE, Suite 3600 Atlanta, GA 30303 Telephone: (404) 522- 8220 E-mail: fvalz@carlockcopeland.com mbailey@carlockcopeland.com KIM RILEY: Doe Files Suit for Racial Harassment, Verbal Assaults ---------------------------------------------------------------- JON WESTLAKE-TENNIS DOE, Individually and On Behalf of All Other Similarly Situated Plaintiffs v. KIM RILEY and HALEY GADDIS, Case No. D-1-GN-18-003064 (Tex. Dist. Ct., Travis Cty., June 20, 2018), is brought over alleged racial harassment, verbal sexual assaults, and the Defendants' ongoing efforts to destroy the lives of student athletes. The Plaintiff is a minor (one of many over the years) that has been terrorized by Kim Riley (being the head tennis coach at Westlake High School) and Haley Caddis (being the Assistant Athletic Director for Women), according to the complaint. The Plaintiff asserts that no form of retaliation and verbal abuse was off limits as Defendant Riley selected targeted student athletes and their respective families. The Defendants are residents of Travis County, Texas, and are employed by the Eanes Independent School District.[BN] The Plaintiff is represented by: Terry P. Gorman, Esq. Chigozie F. Odediran, Esq. LAW OFFICES OF DONALD G. HENSLEE 901 Mopac Expressway South, Suite 300 Austin, TX 78746 Telephone: (972) 235-4700 Telecopier: (512) 597-1455 E-mail: tgorman@school-law.co codediran@school-law.co KLONDEX MINES: Faces "Baker" Securities Suit Over Sale to Hecla --------------------------------------------------------------- NELSON BAKER, On Behalf of Himself and All Others Similarly Situated v. KLONDEX MINES LTD., RICHARD J. HALL, PAUL HUET, WILLIAM MATLACK, CHARLES OLIVER, BLAIR SCHULTZ, RODNEY COOPER, MARK DANIEL, and JAMES HAGGARTY, Case No. 3:18-cv-00288 (D. Nev., June 15, 2018), is brought against the Company and its Board of Directors for alleged violations of the Securities and Exchange Act of 1934 in connection with the proposed acquisition of Klondex by Hecla Mining Company. On March 19, 2018, the Board caused the Company to enter into a definitive arrangement agreement with Hecla and 1156291 B.C. Unlimited Liability Company ("Merger Sub"), pursuant to which Klondex will become an indirect wholly-owned subsidiary of Hecla and each share of Klondex common stock will be converted into the right to receive (i) the equivalent of $2.47 in either cash, shares of Hecla common stock, or a combination of cash and Hecla shares, plus (ii) 0.125 of a share of Havilah Mining Corporation, a new company formed to hold Klondex's Canadian assets. Klondex Mines Ltd. is a corporation organized and existing under the laws of the Canadian Province of British Columbia with its principal executive offices located in Reno, Nevada. The Individual Defendants are directors and officers of the Company. Klondex engages in the acquisition, exploration, and development of mineral resources in the United States and Canada. Klondex has 100% interests in three producing mineral properties: the Fire Creek Mine, the Midas Mine and ore milling facility, and the Hollister Mine, all of which are located in the state of Nevada. Klondex also has a 100% interest in the True North Mine and mill in Manitoba, Canada and the Aurora Mine and ore milling facility, located in Nevada.[BN] The Plaintiff is represented by: Martin A. Muckleroy, Esq. MUCKLEROY LUNT, LLC 6077 S. Fort Apache Rd., Suite 140 Las Vegas, NV 89148 Telephone: (702) 907-0097 E-mail: martin@muckleroylunt.com - and - Michael J. Palestina, Esq. Christopher R. Tillotson, Esq. KAHN SWICK & FOTI, LLC 1100 Poydras St., Suite 3200 New Orleans, LA 70163 Telephone: (504) 455-1400 Facsimile: (504) 455-1498 E-mail: Michael.Palestina@ksfcounsel.com Christopher.tillotson@ksfcounsel.com - and - Juan E. Monteverde, 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 LIBRE TECHNOLOGY: Did Not Properly Pay Agents, "Hudson" Suit Says ----------------------------------------------------------------- EBONY HUDSON, individually and on behalf of all others similarly situated v. LIBRE TECHNOLOGY INC., doing business as Student Loan Service, Docupop, and Student Loan Service, US; ANTONY MURIGU; JASON BLACKBURN; and BRIAN BLACKBURN, Case No. 3:18-cv-01371-GPC- KSC (S.D. Cal., June 21, 2018), alleges that the Defendants failed to compensate their call center sales employees/agents for all time worked, to pay bonuses and to properly calculate the regular rate of pay. Libre Technology Inc. is a California Corporation headquartered in San Diego, California. Antony Murigu owns and operates Libre and its related entities. Jason Blackburn is the Chief Operating Officer of Libre and its related entities. Brian Blackburn is Director of Operations at Libre and its related entities. Libre is in the debt-relief business. Libre contacts financially distressed consumers to offer, and purports to provide, assistance in applying for U.S. Department of Education student loan consolidation and repayment programs, including Direct Consolidation Loans and Income-Based Repayment Plans.[BN] The Plaintiff is represented by: Trenton R. Kashima, Esq. FINKELSTEIN & KRINSK, LLP 550 West C St., Suite 1760 San Diego, CA 92101 Telephone: (619) 238-1333 Facsimile: (619) 238-5425 E-mail: trk@classactionlaw.com - and - Kevin J. Stoops, Esq. Charles R. Ash IV, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 436-8453 E-mail: kstoops@sommerspc.com crash@sommerspc.com - and - Jason J. Thompson, Esq. Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, Suite 1700 Southfield, MI 48076 Telephone: (248) 355-0300 Facsimile: (248) 436-8453 E-mail: jthompson@sommerspc.com jyoung@sommerspc.com MAROSI INC: "Florian" Suit Seeks to Recoup Wages Under Labor Code ----------------------------------------------------------------- ARNALDO GARCIA FLORIAN, as an individual and on behalf of all others similarly situated v. MAROSI, INC., a California Corporation, dba US Connection; and DOES 1 through 100, Case No. BC709674 (Cal. Super. Ct., Los Angeles Cty., June 18, 2018), seeks to recover alleged unpaid wages and penalties under the California Labor Code and the California Business and Professions Code. The Defendants operate a company that transports light, medium, and heavy-duty vehicles. The Plaintiff does not know the true names, capacities, relationships or the extent of participation of the Doe Defendants.[BN] The Plaintiff is represented by: Paul K. Haines, Esq. Fletcher W. Schmidt, Esq. Andrew J. Rowbotham, Esq. HAINES LAW GROUP, APC 222 N. Sepulveda Blvd., Suite 1550 El Segundo, CA 90245 Telephone: (424) 292-2350 Facsimile: (424) 292-2355 E-mail: phaines@haineslawgroup.com fschmidt@haineslawgroup.com arowbotham@haineslawgroup.com MATCH GROUP: "Ditnes" Suit Alleges Consumer Fraud ------------------------------------------------- Matthew Ditnes, individually and on behalf of all others similarly situated v. Match Group, LLC, Case No. 1:18-cv-03128 (N.D. Ill., May 2, 2018), is brought against the Defendant for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, violation of the Illinois Dating Referral Services Act, breach of implied contract and unjust enrichment. The Plaintiff, Matthew Ditnes, is a natural person domiciled in Bensalem, Pennsylvania. Plaintiff subscribed to the Defendant's services. The Defendant Match Group, LCC is a limited liability company organized under the laws of Delaware with its principal place of business in Dallas, Texas. Match claims to be the worldwide leader of online dating services, operating a portfolio of over 45 brands, including Match, Tinder, PlentyOfFish, among others. Match is the dating services site used by Plaintiff and the class defined herein. [BN] The Plaintiff is represented by: William M. Sweetnam, Esq. Natasha Singh, Esq. SWEETNAM LLC 100 North La Salle Street, Suite 2200 Chicago, IL 60602 Tel: (312) 757-1888 E-mail: wms@sweetnamllc.com ns@sweetnamllc.com MCKENZIE FLORAL: Fails to Pay Minimum and OT Wages, Durango Says ---------------------------------------------------------------- JOSE DURANGO and SILVINA ABARCA GARCIA, individually and on behalf of others similarly situated v. MCKENZIE FLORAL INC. (D/B/A MCKENZIE FLORAL) and DAVID GROENENFELD, Case No. 1:18-cv- 03692 (E.D.N.Y., June 26, 2018), alleges that the Plaintiffs worked for the Defendants in excess of 40 hours per week, without appropriate minimum wage and overtime compensation for the hours that they worked. McKenzie Floral Inc., doing business as McKenzie Floral, is a domestic corporation organized and existing under the laws of the state of New York. David Groenenfeld serve or served as owner, manager, principal, or agent of the Defendant Corporation. The Defendants own, operate, or control a flower shop, located at 1555 Locust Avenue, in Bohemia, New York, under the name "McKenzie Floral." The Defendants' flower shop is located in the Bohemia section of Suffolk County in New York.[BN] The Plaintiffs are represented by: Michael Faillace, Esq. MICHAEL FAILLACE & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 E-mail: Michael@Faillacelaw.com MENDEZ FUEL: Accused by Tello of Refusing to Pay Overtime Wages --------------------------------------------------------------- JOSE BERNABE TELLO, and all others similarly situated under 29 U.S.C. 216(b) v. MENDEZ FUEL HOLDINGS LLC, and MICHAEL MENDEZ, Case No. 1:18-cv-22431-MGC (S.D. Fla., June 18, 2018), alleges that the Defendants refused to pay the Plaintiff's overtime wages as required by the Fair Labor Standards Act. Mendez Fuel Holdings LLC is a corporation that regularly transacts business within Miami-Dade County. Michael Mendez is a corporate officer, owner or manager of the Defendant Corporation. The Defendants operate convenience stores, which sell a lineup of local and popular craft beer, a growler and crowler station; their own line of organic cold-pressed juices, Fuel Juice Miami; and gourmet breakfast and lunch menus.[BN] The Plaintiff is represented by: J.H. Zidell, Esq. J.H. ZIDELL, P.A. 300 71st Street, Suite 605 Miami Beach, FL 33141 Telephone: (305) 865-6766 Facsimile: (305) 865-7167 E-mail: zabogado@aol.com MERCHANT DIRECT: "Abante" Suit Alleges TCPA Violation ----------------------------------------------------- Abante Rooter and Plumbing Inc., individually and on behalf of all similarly situated v. Merchant Direct LLC dba Royal Public Funding and Does 1 through 10, Case No. 3:18-cv-02670 (N.D. Calif., May 7, 2018), seeks damages for Defendants' violation of the Telephone Consumer Protection Act. The Plaintiff is a resident of Emeryville, California. The Defendants is an online marketing company. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. Tom E. Wheeler, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Tel: (877) 206-4741 Fax: (866) 633-0228 E-mail: tfriedman@toddflaw.com abacon@toddflaw.com mgeorge@toddflaw.com twheeler@toddflaw.com MESSERLI & KRAMER: Debt Collection Violates FDCPA, Walters Claims ----------------------------------------------------------------- JESSY WALTERS, individually and on behalf of all others similarly situated v. MESSERLI & KRAMER, P.A., MIDLAND FUNDING LLC and JOHN DOES 1-25, Case No. 0:18-cv-01704 (D. Minn., June 21, 2018), alleges that the Defendants' debt collection efforts attempted or directed towards the Plaintiff violated various provisions of the Fair Debt Collection Practices Act. M&K is a "debt collector" as the phrase is defined in 15 U.S.C. Section 1692(a)(6) and used in the FDCPA with an address in Plymouth, Minnesota. Midland is a "debt collector" as the phrase is defined in 15 U.S.C. Section 1692(a)(6) and used in the FDCPA with an address in San Diego, California. The Defendants are companies that use the mail, telephone, and facsimile and regularly engage in business the principal purpose of which is to attempt to collect debts alleged to be due another. The identities of the Doe Defendants are presently unknown.[BN] The Plaintiff is represented by: Avraham Zvi Cutler, Esq. BALLON STOLL BADER & NADLER 729 7th Ave., 17th Floor New York, NY 10019 Telephone: (718) 578-7711 E-mail: avicutler@gmail.com METLIFE INC: "Roycroft" Suit Asserts Unjust Enrichment ------------------------------------------------------ EDWARD ROYCROFT, individually and on behalf of all those similarly situated v. METLIFE, INC., METROPOLITAN LIFE INSURANCE COMPANY and BRIGHTHOUSE FINANCIAL, Case No. 1:18-cv-05481 (S.D.N.Y., June 18, 2018), accuses the Defendants of conversion and unjust enrichment relating to MetLife's taking of retirement annuity benefits from retirees. Mr. Roycroft also seeks an accounting from MetLife for the amounts taken, interest, and disgorgement of unlawful profits. Through the Class Action, he seeks to hold MetLife accountable for its conversion of more than $500 million in retirement benefits, interest, and unlawful profits over the last 25 years - - depriving retirees of important income in their golden years. He contends that MetLife's systematic conversion of retirement annuity benefits betrayed thousands of annuitants and their beneficiaries. MetLife, Inc., is a holding company for Metropolitan Life Insurance Company ("MLIC"). MetLife is organized under the laws of the state of Delaware, with its principal place of business in New York City. As of the date of this Complaint, it has a market capitalization of almost $50 billion. MLIC is among the largest providers of annuities in the world, recording $22.4 billion in sales during 2009. MLIC offers annuities which consist of fixed annuities, variable annuities, deferred annuities and immediate annuities. MLIC is a New York corporation with its principal place of business in New York. Brighthouse Financial, Inc., was formed by MetLife in 2017 through the spinoff of MetLife's United States retail business, including individual life insurance and annuities for the retail market. Brighthouse is a Delaware corporation with a place of business in New York.[BN] The Plaintiff is represented by: Kevin Barrett, Esq. BAILEY & GLASSER LLP 137 Betsy Brown Road Port Chester, NY 10573 Telephone: (646) 776-8580 E-mail: kbarrett@baileyglasser.com - and - Gregory Y. Porter, Esq. BAILEY & GLASSER LLP 1054 31st Street, NW, Suite 230 Washington, DC 20007 Telephone: (202) 463-2101 E-mail: gporter@baileyglasser.com - and - Norman Berman, Esq. Nathaniel L. Orenstein, Esq. Mark A. Delaney, Esq. John H. Sutter, Esq. BERMAN TABACCO One Liberty Square Boston, MA 02109 Telephone: (617) 542-8300 E-mail: nberman@bermantabacco.com norenstein@bermantabacco.com mdelaney@bermantabacco.com jsutter@bermantabacco.com MILLER EMS: Accused by "Wilson" Suit of Not Paying OT Under FLSA ---------------------------------------------------------------- KYLIE WILSON, on behalf of herself and others similarly situated v. MILLER EMS, LLC, Case No. 5:18-cv-00597-M (W.D. Okla., June 19, 2018), accuses the Defendant of failure to pay wages, including overtime wages, in violation of the Fair Labor Standards Act. Miller EMS, LLC, is a domestic corporation doing business in Grant County, Oklahoma. The Defendant is a private entity that contracts with Oklahoma counties and towns to provide emergency medical services. The Defendant is an entity engaging in interstate commerce, including making transfers of patients outside of the state of Oklahoma, advertising on at least one Web site reaching out of state applicants, and advertises its services outside of Oklahoma, including transferring patients outside of Oklahoma.[BN] The Plaintiff is represented by: Mark E. Hammons, Esq. Amber L. Hurst, Esq. Kristin E. Richards, Esq. HAMMONS, GOWENS, HURST & ASSOC. 325 Dean A. McGee Avenue Oklahoma City, OK 73102 Telephone: (405) 235-6100 Facsimile: (405) 235-6111 E-mail: mark@hammonslaw.com amber@hammonslaw.com kristin@hammonslaw.com MITEL NETWORKS: Cuddihey Challenges Acquisition by Searchlight -------------------------------------------------------------- RICK CUDDIHEY, Individually and on Behalf of All Others Similarly Situated v. MITEL NETWORKS CORPORATION, TERENCE H. MATTHEWS, RICHARD D. MCBEE, JOHN P. MCHUGH, PETER D. CHARBONNEAU, BENJAMIN H. BALL, DAVID M. WILLIAMS, MARTHA H. BEJAR, and SUDHAKAR RAMAKRISHNA, Case No. 1:18-cv-05561 (S.D.N.Y., June 20, 2018), arises from the proposed acquisition of Mitel by affiliates of Searchlight Capital Partners, L.P. On April 23, 2018, Mitel's board of directors caused the Company to enter into an Arrangement Agreement with Searchlight, pursuant to which Mitel shareholders will receive $11.15 for each share of Mitel stock they own. Mitel is a Canadian Corporation with its principal executive offices located in Ontario, Canada. The Individual Defendants are directors and officers of Mitel. Mitel, incorporated on January 31, 2014, is a provider of business communications and collaboration software, services, and solutions. The Company operates through three segments: Enterprise, Cloud, and Mobile. The Enterprise segment sells and supports products and services for premise-based customers. The Cloud segment sells and supports products that are deployed in a cloud environment. The Mobile segment sells and supports software-based telecommunications networking solutions that enable mobile service providers to deliver IP-based voice, video, rich communications, and enhanced messaging services to their subscribers. Searchlight is a private equity firm specializing in investments in business acquisitions, growth equity, recapitalizations, complex situations, distressed-debt-for-control, and leveraged buyouts. Searchlight has $3.9 billion of assets under management. Searchlight's funds invest in companies in various sectors, including communications, media, consumer and business services.[BN] The Plaintiff is represented by: Juan E. Monteverde, Esq. MONTEVERDE & ASSOCIATES PC The Empire State Building 350 Fifth Avenue, Suite 4405 New York, NY 10118 Telephone: (212) 971-1341 Facsimile: (212) 202-7880 E-mail: jmonteverde@monteverdelaw.com MONSANTO COMPANY: "Wapsie" Suit Asserts Market Manipulation ----------------------------------------------------------- WAPSIE FARMS, on behalf of itself and others similarly situated v. MONSANTO COMPANY, Case No. 6:18-cv-02039-LRR (N.D. Iowa, June 21, 2018), accuses Monsanto of conspiring, agreeing and combining with other major biotech firms to unlawfully dominate the soybean seed and herbicide trait markets. The Plaintiff accuses Monsanto of irresponsibly commercializing its Roundup Ready 2 Xtend soybean seeds. The Plaintiff contends that Monsanto knew full well that commercializing dicamba- tolerant technology would cause a spike in the use of dicamba, a dangerous and toxic herbicide, because the exclusive feature of its patented Roundup Ready 2 Xtend seeds is the seeds' tolerance to dicamba. The Plaintiff adds that Monsanto and its co- conspirators' commercialization of dicamba-tolerant seeds has created a distorted and monopolized market, a market manipulated by and susceptible to Monsanto's domination. Headquartered in St. Louis, Missouri, Monsanto is a Delaware corporation and is one of the largest multi-national corporations in the world. Monsanto develops, markets, and sells crop protection and biotechnology products, including GM crop seeds and herbicide-tolerant traits. Of special significance in this case, Monsanto's dicamba-based system includes GM seeds, such as its recently-commercialized Roundup Ready 2 Xtend Soybean, along with a dicamba-herbicide known as XtendiMax with VaporGrip Technology.[BN] The Plaintiff is represented by: Ward A. (Sam) Rouse, Esq. ROUSE LAW, PC 4940 Pleasant Street West Des Moines, IA 50266 Telephone: (515) 223-9000 Facsimile: (866) 223-9005 E-mail: wardrouse@rouselaw.us MUD MIXERS: "Ashcraft" Suit Seeks to Recover OT Pay Under FLSA -------------------------------------------------------------- MICHAEL T. ASHCRAFT, individually and on behalf of all others similarly situated v. MUD MIXERS, LLC, Q'MAX SOLUTIONS, AND Q'MAX AMERICA, INC., Case No. 4:18-cv-01995 (S.D. Tex., June 15, 2018), is brought to recover unpaid overtime wages and other damages under the Fair Labor Standards Act. Mud Mixers, LLC, is an Oklahoma corporation doing business throughout the United States, including Texas. Mud Mixers is a drilling fluids company. Q'Max Solutions and Q'Max America, Inc., are Delaware corporations, with global headquarters located in Houston, Texas. The Q'Max Defendants are oil and natural gas exploration and production companies operating throughout the United States, including Texas.[BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. Richard M. Schreiber, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com rschreiber@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com MULTICARE: Patients Got Calls From Debt Collectors, Suit Says ------------------------------------------------------------- Alexis Krell, writing for The News Tribune, reports that Low- income patients in Tacoma have sued MultiCare, alleging the hospital system failed to screen them for free or discounted care before sending them to debt collectors. Joncee Hull and Sharon Shrout argue in their class action that they were underinsured, couldn't afford the MultiCare bills for treatment at Tacoma General Hospital and Mary Bridge Children's Hospital and should have qualified for so-called "charity care" under state law. MultiCare subjected "uninsured and underinsured patients to collection efforts without first affirmatively screening them to determine their financial eligibility for free or discounted hospital care," the lawsuit alleges. Asked about the allegations, MultiCare said in a statement that it believes it is fully complying with the charity care law, and that the lawsuit "has no merit." According to the statement, "... both patients had health insurance. Under state law, when a patient has coverage, the hospital is permitted to bill insurance or other coverage sources, even if the patient is indigent. If the patient does not have insurance, or if insurance requires the patient to pay a portion of the bill, payment may be reduced or forgiven if the patient meets the criteria for charity care." The MultiCare hospitals aren't the only local ones accused of mishandling so-called charity care. The state Attorney General's Office sued St. Joseph Medical Center in Tacoma and Capital Medical Center in Olympia last year, alleging they withheld charity care from thousands of low-income patients. The state's Charity Care Act says patients qualify for free or discounted care if their income is below 200 percent of the federal poverty level -- $48,600 a year in the case of a family of four, according to the MultiCare suit. It also requires hospitals to screen patients "at or near the time of service," the complaint states, and "before any collection efforts," to decide if they meet the threshold. "The state of Washington legislated to try to help people that are indigent by making it mandatory to screen for indigent patients," Abbas Kazerounian, one of their attorneys representing Hull and Shrout in the MultiCare suit, told The News Tribune. "It's a very important policy lawsuit to make sure that indigent patients are treated fairly by Washington law in the future." The complaint, filed May 3 in U.S. District Court, seeks "recovery of excess payments" that the patients made to MultiCare, unspecified damages under the state's Consumer Protection Act and that MultiCare be required by the court to comply with the Charity Care Act. The suit gives this account of Hull's and Shrout's interactions with MultiCare: Hull, a 40-year-old mother with multiple children, works as a front office supervisor at a hotel. She had her gallbladder removed at Tacoma General in May 2016, after which MultiCare sent her to collections without screening her for charity care and without contacting her about the bill. Hull alleges the first she heard about the matter was when a collection agency contacted her. Shrout, a 38-year-old recruiter for a technology company, brought her daughter to Mary Bridge Children on May 2, 2017, for treatment of an injury. Shrout was sent to a debt collector, without MultiCare screening her for charity care. Citing the pending litigation, attorney Kazerounian said he didn't want to discuss specifics of the daughter's injury, or the cost of the hospital bills for Hull or Shrout. MultiCare's statement said its hospitals tell patients about charity care and other financial assistance throughout registration and billing. It also argued that MultiCare's charity care is above state and regional averages. "In 2016, our charity care represented 5.5 percent of adjusted revenue, well above the state average of 4.4 percent, and we helped 34,996 patients receive financial assistance with $101 million in bills for care at a MultiCare hospital or clinic," the statement said.[GN] NAKATO SC INC: Pointer Seeks to Recover Wages Under FLSA, SCPWA --------------------------------------------------------------- EVANGELINE POINTER, on behalf of herself and all others similarly situated v. NAKATO SC, INC. d/b/a NAKATO JAPANESE STEAKHOUSE and JOHN DOES 1-10, Case No. 4:18-cv-01629-RBH (D.S.C., June 14, 2018), is brought for payment of wages and for other relief under the Fair Labor Standards Act and the South Carolina Payment of Wages Act. Nakato is a South Carolina corporation maintaining offices and agents in the county of Horry, South Carolina. The Doe Defendants are citizens and residents of South Carolina, and owners or officers of Nakato. Nakato operates a restaurant in Horry County doing business as Nakato Japanese Steakhouse.[BN] The Plaintiff is represented by: Bruce E. Miller, Esq. BRUCE E. MILLER, P.A. 147 Wappoo Creek Drive, Suite 603 Charleston, SC 29412 Telephone: (843) 579-7373 Facsimile: (843) 614-6417 E-mail: bmiller@brucemillerlaw.com NEWALTA ENVIRONMENTAL: Fails to Pay OT Wages, "Berryman" Alleges ---------------------------------------------------------------- CHRIS BERRYMAN, individually and on behalf of all others similarly situated v. NEWALTA ENVIRONMENTAL SERVICES, INC., Case No. 2:18-cv-00793-NBF (W.D. Pa., June 15, 2018), alleges that the Plaintiff and the class regularly worked for Newalta in excess of 40 hours each week without receiving proper overtime, in violation of the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. Newalta is a Canadian based company operating throughout the United States, including in Pennsylvania, Colorado, North Dakota, and Texas. Newalta is an "Environmental Energy Solutions Company."[BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. Jennifer M. Solak, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com jsolak@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com - and - Joshua P. Geist, Esq. GOODRICH & GEIST, P.C. 3634 California Ave. Pittsburgh, PA 15212 Telephone: (412) 766-1455 Facsimile: (412)766-0300 E-mail: josh@goodrichandgeist.com NOVARTIS PHARMACEUTICALS: LEHB Seeks Damages for Exforge Buyers --------------------------------------------------------------- LAW ENFORCEMENT HEALTH BENEFITS INC., on behalf of itself and all others similarly situated v. NOVARTIS PHARMACEUTICALS CORPORATION; NOVARTIS AG; NOVARTIS CORPORATION; PAR PHARMACEUTICAL, INC.; ENDO PHARMACEUTICALS, INC.; and ENDO INTERNATIONAL PLC, Case No. 1:18-cv-05603 (S.D.N.Y., June 20, 2018), seeks damages, measured as overcharges, trebled where available under applicable law, against the Defendants on behalf of indirect purchasers based on allegations of anticompetitive conduct in the market for Exforge(R) and its AB-rated generic equivalents. LEHB, a voluntary employee benefits plan organized to provide health benefits to its eligible participants and beneficiaries, alleges that the Defendants entered into a pay-for-delay agreement whereby (1) Par agreed not to compete in the market for Exforge(R) from at least September 21, 2012, until September 30, 2014, thereby allocating the entire Exforge(R) market to Novartis until that date; and (2) Novartis agreed not to compete in the generic Exforge(R) market from September 30, 2014, to March 30, 2015, thereby allocating the entire market for generic versions of Exforge(R) to Par for that six-month period. LEHB contends that the purpose and effect of the agreement between Defendants was, among other things, to delay generic entry of Exforge(R) in order to lengthen the period in which Novartis' brand Exforge(R) could monopolize the market and make supra-competitive profits. Novartis Pharmaceuticals Corporation is a corporation organized and existing under the laws of the state of Delaware with a principal place of business in East Hanover, New Jersey. Novartis Pharmaceuticals develops, manufactures, sells, and markets Novartis Corporation's and Novartis AG's drugs in the United States. Novartis AG is a corporation organized and existing under the laws of Switzerland, having an office and a place of business in Basel, Switzerland. Novartis Corporation is a corporation organized and existing under the laws of the state of New York, having its principal place of business in East Hanover. Novartis Corporation handles the administration, sales, and marketing of a wide variety of prescription drugs, vaccines, consumer medicines, and veterinary products, including Exforge(R). Par Pharmaceutical, Inc., was a corporation organized and existing under the laws of the state of New York and having its principal place of business in Chestnut Ridge, New York. Endo Pharmaceuticals, Inc., is a Delaware corporation having its principal place of business in Chadds Ford, Pennsylvania. Endo International plc is a private limited company incorporated and existing under the laws of Ireland having its principal place of business in Dublin, Ireland, and a U.S. headquarters in Malvern, Pennsylvania.[BN] The Plaintiff is represented by: Robert G. Eisler, Esq. Deborah A. Elman, Esq. Chad B. Holtzman, Esq. Allison J. McCowan, Esq. GRANT & EISENHOFER P.A. 485 Lexington Avenue New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (646) 722-8501 E-mail: reisler@gelaw.com delman@gelaw.com choltzman@gelaw.com amccowan@gelaw.com NOVARTIS PHARMACEUTICALS: Shuts Exforge Competition, UFCW Claims ---------------------------------------------------------------- UFCW LOCAL 1500 WELFARE FUND, on behalf of itself and all others similarly situated v. NOVARTIS PHARMACEUTICALS CORPORATION and PAR PHARMACEUTICAL, INC., Case No. 1:18-cv-05536-UA (S.D.N.Y., June 19, 2018), stems from the Defendants' alleged anticompetitive scheme to unreasonably restrain competition in the market for Exforge(R) and its AB-rated generic equivalents sold in the United States. The action challenges the Defendants' alleged anticompetitive agreement to delay generic competition in the United States for Exforge, a drug product indicated for the treatment of hypertension comprising the active ingredients amlodipine and valsartan. The Plaintiff seeks damages arising out of Novartis's unlawful agreement with Par not to compete in the market for Exforge and its AB-rated generic equivalents. Novartis Pharmaceuticals Corporation is a corporation organized and existing under the laws of the state of Delaware with a principal place of business located in East Hanover, New Jersey. Novartis is a subsidiary of Novartis AG. Novartis researches, develops, manufactures & markets innovative prescription drug treatments for diseases and conditions. Par Pharmaceutical, Inc., is located in Chestnut Ridge, New York. Par principally develops, manufactures, and markets generic versions of brand name drugs. Par is also the holder of the ANDA for generic Exforge and was responsible for manufacturing and distributing generic Exforge.[BN] The Plaintiff is represented by: Gregory S. Asciolla, Esq. Jay L. Himes, Esq. Karin E. Garvey, Esq. Robin A. van der Meulen, Esq. Domenico Minerva, Esq. Matthew J. Perez, Esq. LABATON SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 E-mail: gasciolla@labaton.com jhimes@labaton.com kgarvey@labaton.com rvandermeulen@labaton.com dminerva@labaton.com mperez@labaton.com - and - Roberta D. Liebenberg, Esq. Paul Costa, Esq. Adam J. Pessin, Esq. FINE, KAPLAN AND BLACK, R.P.C. One South Broad Street, 23rd Floor Philadelphia, PA 19107 Telephone: (215) 567-6565 Facsimile: (215) 568-5872 E-mail: rliebenberg@finekaplan.com pcosta@finekaplan.com apessin@finekaplan.com NOVACOPY INC: Accused by Shelton of Discrimination Against Women ---------------------------------------------------------------- HAYLEY SHELTON, on behalf of herself and others similarly situated v. NOVACOPY, INC. and NOVATECH, INC., Case No. 3:18-cv- 00558 (M.D. Tenn., June 14, 2018), accuses the Defendants of engaging in a pattern and practice of discrimination and retaliation against women on the basis of their gender in terms of pay, working conditions, exposure to sexual harassment and promotional opportunities and complaints. NovaCopy, Inc., now known as Novatech, Inc., provides copier and document solutions. The Company offers invoice processing, copier equipment, leasing options, consulting, hosting solutions, mobile access, software, and maintenance services.[BN] The Plaintiff is represented by: Donna J. Mikel, Esq. H. Eric Burnette, Esq. BURNETTE, DOBSON & PINCHAK 711 Cherry Street Chattanooga, TN 37402 Telephone: (423) 266-2121 Facsimile: (423) 266-3324 E-mail: dmikel@bdplawfirm.com eburnette@bdplawfirm.com ORTSAC MANAGEMENT: Fails to Pay Overtime, "Rodriguez" Suit Says --------------------------------------------------------------- JULIA RODRIGUEZ, on behalf of herself and all others similarly situated v. ORTSAC MANAGEMENT, LLC, a Florida Limited Liability Company; SOFIA CASTRO, individually, and ROBERT CASTRO, individually, Case No. 0:18-cv-61340-DPG (S.D. Fla., June 14, 2018), alleges that the Defendants did not pay the Plaintiff overtime even though she worked more than 40 hours per week in most, if not all, of the weeks she worked for them. ORTSAC is a family owned investment firm focused on developing a portfolio of premium rental properties. The Company manages and develops rental homes and multifamily apartments. The Individual Defendants are owners and managing members of ORTSAC.[BN] The Plaintiff is represented by: Steven L. Schwarzberg, Esq. SCHWARZBERG & ASSOCIATES 2751 South Dixie Highway, Suite 400 West Palm Beach, FL 33405 Telephone: (561) 659-3300 Facsimile: (561) 693-4540 E-mail: steve@schwarzberglaw.com PACESETTER PERSONNEL: "Lopez" Suit Alleges FCRA Violations ---------------------------------------------------------- Jovan Lopez, on behalf of himself and on behalf of all others similarly situated v. Pacesetter Personnel Service of Florida, Inc., Case No. 71654364 (Fla. Cir. Ct., May 3, 2018), is brought against the Defendant for violations of the Fair Credit Reporting Act of 1970. The Plaintiff, Jovan Lopez lives in Florida. The Plaintiff applied for work with the Defendant. The Defendant is a staffing agency in Florida. The Defendant conducts background checks on the majority of its prospective employees as part of a standard screening process. [BN] The Plaintiff is represented by: Brandon J. Hill, Esq. Luis A. Cabassa, Esq. WENZEL FENTON CABASSA, P.A. 1110 N. Florida Avenue, Suite 300 Tampa, FL 33602 Tel: (813) 224-0431 Fax: (813) 229-8712 E-mail: lcabassa@wfclaw.com bhill@wfclaw.com PECOS VALLEY: Rager Seeks to Recoup Minimum, OT Wages for Drivers ----------------------------------------------------------------- WILLIAM RAGER, individually and on behalf of similarly situated persons v. PECOS VALLEY PIZZA, INC. and BRIAN BAILEY, Case No. 2:18-cv-00571-GJF-KRS (D.N.M., June 19, 2018), is brought as a collective action under the Fair Labor Standards Act and the New Mexico Minimum Wage Act to recover alleged unpaid minimum wages and overtime hours owed to the Plaintiff and other delivery drivers employed by the Defendants at its Domino's stores. Pecos Valley Pizza, Inc., is a Domestic Profit Corporation. Brian Bailey is an owner, officer and director of Pecos Valley. The Defendants own and operate numerous Domino's franchise stores. The Defendants employ delivery drivers, who use their own automobiles to deliver pizza and other food items to their customers.[BN] The Plaintiff is represented by: J. Forester, Esq. Matthew Haynie, Esq. FORESTER HAYNIE PLLC 1701 N. Market Street, Suite 210 Dallas, TX 75202 Telephone: (214) 210-2100 Facsimile: (214) 346-5909 E-mail: jay@foresterhaynie.com matthew@foresterhaynie.com PENNSYLVANIA: Diamond Sues Over PSEA's "Fair-share Fees" -------------------------------------------------------- Arthur Diamond, on behalf of himself and others similarly situated; Jeffrey Schawartz and Sandra H. Ziegler, on behalf of themselves others similar situated v. Pennsylvania State Education Association; Chestnut Ridge Education Association, as representative of the class of all chapters and affiliates of the Pennsylvania State Education Association; National Education Association; Tom Wolf, in his official capacity as governor of Pennsylvania; Josh Shapiro, in his official capacity as Attorney General of Pennsylvania; James M. Darby, Albert Mezzaroba, and Robert H. Shoop Jr., in their official capacities as chairman and members of the Pennsylvania Labor Relations Board; Lesley Childers-Potts, in her official capacity as district attorney of Bedford County, and as representative of the class of all district attorneys in Pennsylvania with the authority to prosecute violations of 71 Pa. Stat. Section 575, Case No. 3:18- cv-00128-KRG (W.D. Pa., June 15, 2018), is brought on behalf of current or former public-school teachers, who have been required to pay "fair-share fees" to the PSEA, its affiliates, or a union- approved charity. The Defendants have violated the Plaintiffs' constitutional rights by requiring them to pay these "fair-share fees" as a condition of their employment, even though they do not belong to the union and do not wish to subsidize the union's activities in any way, the Plaintiffs contend. The Plaintiffs argue that the PSEA's compelled extraction of money from them and their fellow class members violates their constitutional rights -- regardless of whether union keeps the money for itself or directs it toward a union-approved charity. Pennsylvania State Education Association (PSEA) is a labor union whose headquarters are located in Harrisburg, Pennsylvania. Chestnut Ridge Education Association is a local union chapter affiliated with the PSEA. National Education Association (NEA) is a labor union whose headquarters are located in Washington, DC. Tom Wolf is the governor of Pennsylvania. Josh Shapiro is the Attorney General of Pennsylvania. James M. Darby is chairman of the Pennsylvania Labor Relations Board, and Defendants Albert Mezzaroba and Robert H. Shoop Jr. are members of the Pennsylvania Labor Relations Board. Lesley Childers-Potts is the district attorney of Bedford County.[BN] The Plaintiffs are represented by: Sean Logue, Esq. LOGUE LAW PLLC 27 West Main Street Carnegie, PA 15106 Telephone: (412) 389-0805 E-mail: sean@seanloguelaw.com - and - Jonathan F. Mitchell, Esq. MITCHELL LAW PLLC 106 East Sixth Street, Suite 900 Austin, TX 78701 Telephone: (512) 686-3940 E-mail: jonathan@mitchell.law PG&E CORPORATION: Faces "Moretti" Suit Over False Statements ------------------------------------------------------------ JON PAUL MORETTI, Individually and on Behalf of All Others Similarly Situated v. PG&E CORPORATION, ANTHONY F. EARLEY, JR., JASON P. WELLS, GEISHA J. WILLIAMS, CHRISTOPHER P. JOHNS, DINYAR B. MISTRY, and DAVID S. THOMASON, Case No. 3:18-cv-03545 (N.D. Cal., June 14, 2018), seeks to recover compensable damages caused by the Defendants' alleged violations of the federal securities laws and to pursue remedies under the Securities Exchange Act of 1934. Throughout the Class Period, the Plaintiff alleges, the Defendants made false and misleading statements, and failed to disclose that: (i) PG&E had failed to maintain electricity transmission and distribution networks in compliance with safety requirements and regulations promulgated under state law; (ii) consequently, PG&E was in violation of state laws and regulations; (iii) PG&E's noncompliant electricity networks could foreseeably cause wildfires in California; and (iv) as a result of the foregoing, Defendants' statements about the Company's business and operations were materially false and misleading at all relevant times. Founded in 1905, PG&E is headquartered in San Francisco, California. PG&E is a holding company that holds interests in energy based businesses. The Company's leading operating subsidiary is Pacific Gas and Electric Company, a public utility operating in northern and central California that provides electricity and natural gas distribution, electricity generation, procurement, and transmission, and natural gas procurement, transportation, and storage. The Company generates revenues mainly through the sale and delivery of electricity and natural gas to customers.[BN] The Plaintiff is represented by: Jennifer Pafiti, Esq. POMERANTZ LLP 468 North Camden Drive Beverly Hills, CA 90210 Telephone: (818) 532-6499 E-mail: jpafiti@pomlaw.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ, LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP Ten South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com PINEVILLE MUNICIPAL: Subject of Class Action Lawsuit ---------------------------------------------------- Annie Moore, writing for WVVA.com, reports that after a Wyoming County water company was forced to notify customers it did not submit necessary water testing on time in 2017, WVVA News has learned the company is now the subject of a class action suit. Attorneys Stephen New, Esq., Adam Taylor, Esq., and Mandy Taylor, Esq., filed the suit on June 19 on behalf of clients with health concerns they believe may be related to the quality of the water in Pineville. "I have very fond memories of growing up in Pineville," said Adam Taylor. "It breaks my heart to think that maybe things on a fundamental level there are not safe." After WVVA News broke the story on June 23, Pineville Municipal Water responded to the missed reports by saying their water supply is safe and that the missed reports are just a mail mixup. A company spokesperson said they now send the reports by certified mail. But attorneys on the class action suit are not buying that story. "Our law firms have been contacted by individuals in Pineville and Wyoming County that seem to be related to the substances in the water," said New. Taylor's father, a Pineville resident, was diagnosed with Kidney cancer in 2017. "He looks to be on the up and up now. But he lived a very healthy life up until that point and it seemed very strange to me and everyone around that this would be something he came down with." Whether his father's cancer is related to the quality of the water remains to be seen. "We don't have a tremendous amount of faith that people are being candid about what's going on there. We need answers and we need to get them soon," said Taylor. The attorneys encourage any Pineville Municipal Water customers with or without health concerns to contact the law offices of Stephen New at (304) 250-6017 or Taylor & Hinkle at (304) 894- 8733. Residents without health concerns may be eligible for medical monitoring should future health problems arise.[GN] PRECISION GROUP: Fails to Pay Oilfield Workers' OT, Elizondo Says ----------------------------------------------------------------- FELIPE ELIZONDO, Individually and on behalf of all others similarly situated v. PRECISION GROUP ENERGY SERVICES, INC. and HAROEEL A. GODINEZ, Case No. 5:18-cv-00597 (W.D. Tex., June 15, 2018), alleges that the Plaintiff and similarly situated oilfield workers were not paid overtime of at least one and one-half their regular rates for all hours worked in excess of 40 hours per workweek. Precision Group Energy Services, Inc., is a Texas for-profit corporation. Precision provides oilfield services to the oil and gas industry throughout the state of Texas. Precision is owned and operated by Haroeel A. Godinez.[BN] The Plaintiff is represented by: Clif Alexander, Esq. Lauren E. Braddy, Esq. Alan Clifton Gordon, Esq. Carter T. Hastings, Esq. ANDERSON ALEXANDER, 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 cgordon@a2xlaw.com carter@a2xlaw.com PURDUE PHARMA: "Chu" Suit Alleges RICO Act Violations ----------------------------------------------------- Jordan Chu, individually and on behalf of all others similarly situated v. Purdue Pharma L.P. et al., Case No. 3:18-cv-02576 (N.D. Calif., May 2, 2018), is brought against the Defendants for violations of the California's Unfair Competition Law and the Racketeering Influenced and Corrupt Organizations Act. The Plaintiff alleges that the Defendants have engaged in a cunning and deceptive marketing scheme to encourage doctors and patients to use opioids to treat chronic pain. In doing so, the Defendants falsely minimized the risks of opioids, overstated their benefits, and generated far more opioid prescriptions than there should have been. The Plaintiff Jordan Chu is a natural person and resident and citizen of the State of California. The Defendants manufacture, market, sell, and distribute prescription opioids, which are powerful, highly addictive narcotic painkillers. [BN] The Plaintiff is represented by: Rafey S. Balabanian, Esq. Todd Logan, Esq. EDELSON PC 123 Townsend Street, Suite 100 San Francisco, CA 94107 Tel: (415) 212-9300 Fax: (415) 373-9435 E-mail: rbalabanian@edelson.com tlogan@edelson.com PVH RETAIL: "Olmedo" Suit Removed From State Court to S.D. Cal. --------------------------------------------------------------- PVH Retail Stores LLC removed on June 21, 2018, the lawsuit styled MIGUEL OLMEDO, and SIOBHAN MORROW on behalf of themselves and all others similarly situated v. PVH RETAIL STORES LLC, a Delaware Limited Liability Company, and DOES 1-20, Case No. 37- 2018-00019565-CUMC-CTL, from the Superior Court of the State of California for the County of San Diego to the U.S. District Court for the Southern District of California. The District Court Clerk assigned Case No. 3:18-cv-01373-BEN-JLB to the proceeding. The action is related to a prior lawsuit filed on February 10, 2016, by one of the plaintiffs in this action, Plaintiff Siobhan Morrow, entitled Morrow v. PVH Corp., PVH Retail Stores LLC, Calvin Klein, Inc., and Tommy Hilfiger Wholesale, Inc., Case No. 3:16-cv-00348-L-RBB (S.D. Cal.) (the "Prior Related Action). The complaint in the Prior Related Action alleged, inter alia, that: (i) on November 13, 2015, Morrow purchased a black tee shirt and a black polo shirt from a Tommy Hilfiger factory outlet store located in San Ysidro, California; (ii) the items were advertised as having originally been priced at, respectively, $33.99 and $59.40; (iii) PVH Retail's advertising represented that these purported original prices were being discounted by approximately "50% off"; (iv) Morrow purchased the items in reliance on the representations by PVH Retail; and (v) the representations were false and deceptive as the items had never actually been offered for sale at the $33.99 and $59.40 advertised "original" prices. On July 28, 2017, Morrow voluntary dismissed the Prior Related Action without prejudice. On April 18, 2018, Morrow and Plaintiff Miguel Olmedo filed their initial class action Complaint in this action. With four exceptions, Morrow's charging allegations in the Complaint in this action were essentially similar to her allegations in her complaint in the Prior Related Action. However, unlike the complaint in the Prior Related Action, the Complaint in this action: (i) named Tommy Hilfiger Wholesale, Inc., rather than PVH Retail, as the defendant; (ii) alleged that the two shirts Morrow purchased were advertised as having originally been priced at "approximately $27.00 to $29.00" and "approximately $49.50" rather than $33.99 and $59.40; (iii) alleged that the discounted price paid by Morrow was a 40% discount off the reference price, rather than a 50% discount; and (iv) because the Complaint was filed in Superior Court, rather than in United States District Court, omitted the jurisdictional allegations in the Prior Related Action that the matter in controversy, exclusive of interest and costs, exceeds the sum or value of $5 million and there are "hundreds of thousands" of unnamed class members.[BN] Defendant PVH RETAIL STORES is represented by: Lary Alan Rappaport, Esq. Courtney M. Bowman, Esq. PROSKAUER ROSE LLP 2049 Century Park East, Suite 3200 Los Angeles, CA 90067-3206 Telephone: (310) 557-2900 Facsimile: (310) 557-2193 E-mail: lrappaport@proskauer.com cbowman@proskauer.com QUALCOMM INC: Jadhav Sues Over Broadcom's Frustrated Acquisition ---------------------------------------------------------------- SANDESH JADHAV, Individually and on Behalf of All Others Similarly Situated v. QUALCOMM INCORPORATED, STEVEN M. MOLLENKOPF and GEORGE S. DAVIS, Case No. 3:18-cv-01457-BEN-MDD (S.D. Cal., June 26, 2018), is brought on behalf of all persons, who purchased Qualcomm securities between January 31, 2018, and March 12, 2018, seeking to pursue remedies under the Securities Exchange Act of 1934. The complaint alleges that the Defendants made materially false and misleading statements and failed to disclose to investors that Qualcomm had secretly filed a unilateral notice with the Committee on Foreign Investment in the United States in order to frustrate Broadcom Limited's attempt to acquire the Company. Qualcomm is a Delaware corporation with its principal executive offices located in San Diego, California. Steven M. Mollenkopf was the Company's Chief Executive Officer. George S. Davis was the Company's Chief Financial Officer. Qualcomm develops and commercializes "foundational technologies and products used in mobile devices and other wireless products."[BN] The Plaintiff is represented by: Jennifer Pafiti, Esq. POMERANTZ LLP 468 North Camden Drive Beverly Hills, CA 90210 Telephone: (818) 532-6499 E-mail: jpafiti@pomlaw.com - and - Jeremy A. Lieberman, Esq. J. Alexander Hood II, Esq. POMERANTZ, LLP 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 E-mail: jalieberman@pomlaw.com ahood@pomlaw.com - and - Patrick V. Dahlstrom, Esq. POMERANTZ LLP Ten South La Salle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com - and - Peretz Bronstein, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 Telephone: (212) 697-6484 E-mail: peretz@bgandg.com QUINSTREET INC: Bronstein Gewirtz Files Securities Class Action --------------------------------------------------------------- Bronstein, Gewirtz & Grossman, LLC reminds investors that a class action lawsuit has been filed against QuinStreet, Inc. ("QuinStreet" or "the Company") (NASDAQ: QNST) and certain of its officers, on behalf of shareholders who purchased or otherwise acquired QuinStreet securities between February 10, 2016 and April 10, 2018, inclusive (the "Class Period"). Such investors are encouraged to join this case by visiting the firm's site: www.bgandg.com/qnst. This class action seeks to recover damages against Defendants for alleged violations of the federal securities laws under the Securities Exchange Act of 1934. The Complaint alleges that throughout the Class Period, Defendants made materially false and/or misleading statements and/or failed to disclose that (1) the company displayed reckless disregard in relation to click-through fraud; (2) Sites owned by QuinStreet delivered inflated, false, and/or low-quality traffic for clients; (3) the company's business practices did not have the aim of delivering to its customers high-potential leads, quality prospects, and useful clicks; and (4) as a result, QuinStreet's claims about the company's business operations and financial prospects were materially false and misleading throughout the class period. A class action lawsuit has already been filed. If you wish to review a copy of the Complaint you can visit the firm's site: www.bgandg.com/qnst If you suffered a loss in QuinStreet you have until June 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. Peretz Bronstein, Esq. Yael Hurwitz, Esq. Bronstein, Gewirtz & Grossman, LLC Telephone: 212-697-6484 Email: peretz@bgandg.com [GN] RELIANCE TRUST: Casey Files ERISA Class Suit Over Plan Losses ------------------------------------------------------------- JESSICA CASEY, on behalf of the RVNB Holdings, Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated v. RELIANCE TRUST COMPANY, a Georgia corporation, Case No. 4:18-cv-00424-ALM (E.D. Tex., June 15, 2018), alleges violations of the Employee Retirement Income Security Act. The Plaintiff brings this suit against RTC, the trustee for the RVNB Holdings, Inc. Employee Stock Ownership Plan when the Plan acquired shares of RVNB Holdings, Inc., in December 2012. The Plaintiff is a participant in the Plan, who was vested in shares of RVNB allocated to her account in the Plan. She seeks legal remedies for alleged losses suffered by the Plan and its participants, and other relief, caused by RTC when it authorized the Plan to buy shares of RVNB for more than fair market value in 2012. RTC is a trust company chartered under Georgia law and headquartered in Atlanta, Georgia. At the time of the ESOP Transaction, RTC was one of the nation's largest independent trust companies. Based in Carrollton, Texas, RVNB provides moving and storage services with facilities throughout the United States. RVNB operates under the trade name "All My Sons Moving & Storage."[BN] The Plaintiff is represented by: Thomas R. Ajamie, Esq. John S. Edwards, Jr., Esq. AJAMIE LLP Pennzoil Place - South Tower 711 Louisiana, Suite 2150 Houston, TX 77002 Telephone: (713) 860-1600 Facsimile: (713) 860-1699 E-mail: tajamie@ajamie.com jedwards@ajamie.com - and - Gregory Y. Porter, Esq. Ryan T. Jenny, Esq. BAILEY & GLASSER LLP 1054 31st Street, NW, Suite 230 Washington, DC 20007 Telephone: (202) 463-2101 Facsimile: (202) 463-2103 E-mail: gporter@baileyglasser.com rjenny@baileyglasser.com RICH PRODUCTS: "Tellado" Suit Seeks to Stop Use of Biometric Data ----------------------------------------------------------------- JOSEPH TELLADO, individually, and on behalf of all others similarly situated v. RICH PRODUCTS CORPORATION and ADP LLC, 2018-CH-07627 (Ill. Cir. Ct., Cook Cty., June 18, 2018), seeks to redress and curtail the Defendants' alleged unlawful collection, use, storage, and disclosure of the Plaintiff's sensitive biometric data. Rich Products is a corporation organized and existing under the laws of Delaware with its principal place of business in Buffalo, New York. ADP is a Delaware limited liability company that is registered to do business in Illinois. Rich Products is a multinational supplier and solutions provider for food service, in-store bakery and retail marketplaces.[BN] The Plaintiff is represented by: Ryan F. Stephan, Esq. James B. Zouras, Esq. Andrew C. Ficzko, Esq. STEPHAN ZOURAS, LLP 205 N. Michigan Avenue, Suite 2560 Chicago, IL 60601 Telephone: (312) 233-1550 Facsimile: (312) 233-1560 E-mail: rstephan@stephanzouras.com jzouras@stephanzouras.com aficzko@stephanzouras.com RPM PIZZA: Fredrickson Wants Minimum, Overtime Wages for Drivers ---------------------------------------------------------------- HANNAH FREDRICKSON, individually and on behalf of similarly situated persons v. RPM PIZZA MIDWEST, LLC and GLENN MUELLER, Case No. 1:18-cv-01884-TWP-TAB (S.D. Ind., June 20, 2018), is brought pursuant to the Fair Labor Standards Act and the Indiana Minimum Wage Law to recover alleged unpaid minimum wages overtime hours owed to the Plaintiff and similarly situated delivery drivers employed by the Defendants at their Domino's stores. RPM Pizza Midwest, LLC, is a Foreign Limited Liability Company. Glenn Mueller is an owner, officer and director of RPM Pizza. The Defendants own and operate numerous Domino's Pizza franchise stores. The Defendants employ delivery drivers, who use their own automobiles to deliver pizza and other food items to their customers.[BN] The Plaintiff is represented by: Matthew Haynie, Esq. Jay Forester, Esq. FORESTER HAYNIE PLLC 1701 N. Market Street, Suite 210 Dallas, TX 75202 Telephone: (214) 210-2100 Facsimile: (214) 346-5909 E-mail: matthew@foresterhaynie.com jay@foresterhaynie.com SAMSONITE COMPANY: Jorge Sues Over Blind-Inaccessible Web Site -------------------------------------------------------------- CARLOS JORGE, on behalf of himself and all others similarly situated v. SAMSONITE COMPANY STORES, LLC, Case No. 1:18-cv-05652 (S.D.N.Y., June 21, 2018), is a civil rights action against Samsonite for its alleged failure to design, construct, maintain, and operate its Web site -- http://shop.samsonite.com/-- to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people. Samsonite is an Indiana Limited Liability Company doing business in New York. Samsonite is a luggage manufacturer and retailer that operates Samsonite stores, as well as the Samsonite Web site.[BN] The Plaintiff is represented by: Joseph H. Mizrahi, Esq. COHEN & MIZRAHI LLP 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Telephone: (929) 575-4175 Facsimile: (929) 575-4195 E-mail: Joseph@cml.legal - and - Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, NY 10003-2461 Telephone: (212) 228-9795 E-mail: nyjg@aol.com danalgottlieb@aol.com SAULSBURY INDUSTRIES: Bryer Sues Over Unpaid OT Wages ----------------------------------------------------- JAMES BRYER, Individually and For Others Similarly Situated v. SAULSBURY INDUSTRIES, INC., Case No. 7:18-cv-00105 (W.D. Tex., June 15, 2018), alleges that Saulsbury failed to pay the Plaintiff and other workers like him, overtime pay as required by the Fair Labor Standards Act. Saulsbury is a Texas corporation. Saulsbury is an engineering, construction and fabrication company to heavy industrial clients across the United States.[BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Richard M. Schreiber, Esq. Andrew W. Dunlap, Esq. Lindsay R. Itkin, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com rschreiber@mybackwages.com adunlap@mybackwages.com litkin@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com SHENANDOAH VALLEY: Denies Teenage Immigrant Abuse Allegations ------------------------------------------------------------- WSET's Rachel Langlitz, citing WHSV, reports that on June 23, dozens of people gathered outside the Shenandoah Valley Juvenile Center to protest allegations that immigrants at the facility were allegedly abused, WHSV reports. The protesters weren't part of any specific organization, but called themselves "concerned citizens." "I understand these are unproven allegations, but they're troubling nonetheless," Virginia Peters-Schultz told WHSV. Said allegations stem from a class action complaint from immigrant teenagers who say they were the victims of abuse and left naked in their cells while at the facility. The program director for the facility told WHSV the allegations were "without merit" and "looks forward to the opportunity to present evidence that will allow a jury to reach the same conclusion." The protesters outside the facility were hopeful the allegations have the power to bring about change. "We do not want to house people, who are merely looking for a better life, as criminals," Bill Walker, the rally's organizer, told WHSV. "We will continue to work on this until we see action." People at the protest criticized not only the Shenandoah Valley Juvenile Detention Center, but also the current situation immigrants who try to come to this country face. "These detention centers are starting to feel, to me, as we build them and they're talking about tens of thousands of people as we separate children from parents and segregate, they're starting to feel to me like the internment camps during World War II," Peters-Schultz said. [GN] SHRI GANESHA: Accused by Bradley of Not Paying Wages Under FLSA --------------------------------------------------------------- MARVINA BRADLEY and SHONECA MARSH, individually, and on behalf of all other similarly situated individuals v. SHRI GANESHA HOSPITALITY PARTNERSHIP, a Tennessee General Partnership, d/b/a RED ROOF INN, SHRI GANESHA, LLC, d/b/a RED ROOF INN, a Tennessee Limited Liability Company, d/b/a Red Roof Inn, SHRI GANESHA PARTNERSHIP, a Tennessee General Partnership, d/b/a RED ROOF INN, SANDRA CORIANO, CHIRAG PATEL, and RED ROOF INNS, INC., Case No. 3:18-cv-00560 (M.D. Tenn., June 15, 2018), accuses the Defendants of willfully failing to pay the Plaintiffs the wages lawfully due them under the Fair Labor Standards Act. Shri Ganesha Hospitality Partnership, doing business as Red Roof Inn, is a for-profit Tennessee General Partnership, organized in the state of Tennessee with its principal office located in Nashville, Tennessee. Shri Ganesha, LLC, doing business as Red Roof Inn, is a for-profit Tennessee Limited Liability company organized in the state of Tennessee with its principal office located in Nashville. Shri Ganesha Partnership, doing business as Red Roof Inn, is a for-profit Tennessee General Partnership organized in the state of Tennessee with its principal office located in Cookeville, Tennessee. Chirag Patel is a partner in Shri Ganesha Partnership and Shri Ganesha Hospitality Partnership. Red Roof Inns, Inc., is a for-profit corporation conducting business in the state of Tennessee with a principal place of business located in Columbus, Ohio. Sandra Coriano is the general manager over the Red Roof Inn located in Nashville. The Defendants are entities that operate as a single business enterprise and that together run a motel in Davidson County, Tennessee, commonly known as Red Roof Inn, located at 2407 Brick Church Pike, in Nashville, Tennessee.[BN] The Plaintiffs are represented by: Randall W. Burton, Esq. 1222 16th Avenue, South, Suite 23 Nashville, TN 37212 Telephone: (615) 620-5838 Facsimile: (615) 721-8547 E-mail: rburtonlaw@gmail.com STALLION OILFIELD: "Bourque" Suit Seeks to Recover OT Under FLSA ---------------------------------------------------------------- CHRISTOPHER BOURQUE, Individually and on behalf of all others similarly situated v. STALLION OILFIELD HOLDINGS, INC., Case No. 2:18-cv-00779-DSC (W.D. Pa., June 14, 2018), seeks to recover alleged unpaid overtime wages and other damages under the Fair Labor Standards Act. Stallion Oilfield Holdings, Inc., is a rental and distribution company operating in nationwide but with offices in Canonsburg, Carmichaels, and Williamsport, Pennsylvania. Stallion specializes in solids control, drilling support, completion and production, wellsite construction, offshore services, StaRComm, camp complexes, and inland-water marine services.[BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew Dunlap, Esq. JOSEPHSON DUNLAP LAW FIRM 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Joshua P. Geist, Esq. GOODRICH & GEIST, P.C. 3634 California Ave. Pittsburgh, PA 15212 Telephone: (412) 766-1455 Facsimile: (412) 766-0300 E-mail: josh@goodrichandgeist.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, P.L.L.C. 8 Greenway Plaza, Suite 1500 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com STUDENT AID EXPERTS: "Brulee" Suit Alleges Invasion of Privacy -------------------------------------------------------------- MARK BRULEE and DEBRA BROWN, individually and on behalf of all others similarly situated v. STUDENT AID EXPERTS; HANDLEMYLOANDOCS.COM; and DOES 1 through 10, inclusive, and each of them, Case No. 2:18-cv-05349 (C.D. Cal., June 15, 2018), alleges that the Defendants violate the Telephone Consumer Protection Act, invade the Plaintiffs' privacy and cause the Plaintiffs to incur unnecessary and unwanted expenses. Student Aid Experts is a document preparer for student loans. HandleMyLoanDocs.com is a document preparer for student loans. The true names and capacities of the Doe Defendants are currently unknown to the Plaintiffs.[BN] The Plaintiffs are represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. Meghan E. George, Esq. Tom E. Wheeler, Esq. Yoel S. Hanohov, 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 mgeorge@toddflaw.com twheeler@toddflaw.com yoel.hanohov@toddflaw.com SUCCESS PARTNERS: Magazine Aims at Rebirth Months After Layoffs --------------------------------------------------------------- Karen Robinson-Jacobs, writing for Dallas News, reports that months after Plano-based Success magazine laid off dozens of staffers and announced plans to cease publication of its monthly print edition, the operation is gearing up again. The magazine announced on its website recently that it was looking to relaunch a print edition, to be published quarterly. It has rehired some laid-off staffers, according to one former executive. And in May it agreed to settle a class-action lawsuit brought by workers who were let go without the proper notice required in the federal WARN Act, according to court filings. Officials with the magazine and the parent company, Success Partners, could not be reached for comment on June 22. Success dates to 1897 and includes uplifting articles featuring well-known figures including Dallas Mavericks' owner Mark Cuban and fixer-uppers Chip and Joanna Gaines. With no notice, the magazine appeared to pull the plug on the print edition at the beginning of the year as it laid off more than 50 workers. An April posting on the success.com website, titled "The Future of Success Magazine," says the publication is "humbled and excited to announce the upcoming return of Success magazine to subscribers' mailboxes and newsstand shelves. "We have spent the last several months working on a sustainable plan to deliver the most impactful material to you while preserving the legacy of this iconic brand for years to come," the posting said, noting the brand's 121-year history. "Production is already underway for the next issue of the same motivational, inspirational magazine you love. . . . The magazine will transition from a monthly issue schedule to quarterly releases, a model that best positions us to deliver at the high standard you are accustomed to." Plano resident Shelby Skrhak worked for the company for 12 years, most recently as director of digital content. She was one of 30 workers listed in the lawsuit, filed in U.S. District Court in Sherman, which sought severance following the abrupt firings in January and February. Skrhak, who was let go Jan. 15, said she is not among the workers returning to the reborn operation, in part because she's not certain what led to January's upheaval. "I'm hopeful [for the restart] but I worry," she said. "I don't understand how the floor just dropped out overnight before." Especially since the company is listed as the owner of property in Collin County valued at more than $16 million. In interviews in January and in court filings, workers spoke of an operation that seemed to be functioning, then suddenly wasn't. "This case is about a 'bait and switch' layoff scheme [the parent company] used to attempt to avoid WARN's 60-day advance notice requirement to protect employees affected by a 'mass layoff,'" says the lawsuit, filed by a former worker in the company's IT department. "In December 2017, [Success Partners'] high-level management, including its Chief Executive Officer, Stuart Johnson, baited SP employees by representing to them that the company was doing fine and looked forward to a profitable 2018. "Then the 'switch' occurred. In January and February 2018, SP, without notice to the affected employees, terminated their employment," the suit says. The suit says the company terminated the employment of 50 or more workers in Plano and at a facility in Lake Dallas. Details of the lawsuit settlement were not included in the court file. Skrhak said it included two months of severance pay and compensation for lost benefits.[GN] TAL EDUCATION: Robbins Arroyo Files Securities Class Lawsuit ------------------------------------------------------------ Shareholder rights law firm Robbins Arroyo LLP disclosed that purchasers of TAL Education Group (NYSE: TAL) have filed a class action complaint against the company's officers and directors for alleged violations of the Securities Exchange Act of 1934 between April 26, 2018 and June 13, 2018. TAL, through its subsidiaries, provides K-12 after-school tutoring services in the People's Republic of China. View this information on the law firm's Shareholder Rights Blog: www.robbinsarroyo.com/tal-education-group TAL Accused of Overstating Its Net Income According to the complaint, TAL announced its fourth quarter 2018 and fiscal year ("FY") 2018 financial results on April 26, 2018, but failed to inform investors that TAL's net income was deteriorating. On June 13, 2018, Carson Block, founder of Muddy Waters Research, accused the company of issuing fraudulent profit figures by overstating net income, net income margin, and other essential accounting figures. Block said that TAL resorted to fraud to cover up the company's deteriorating profit margins, noting that TAL's pre-tax profits from FY 2016 through FY 2018 were inflated by up to $153.2 million, or 28.4%. On this news, TAL's stock fell nearly 10% to close at $41.11 per share on June 13, 2018. TAL Shareholders Have Legal Options Concerned shareholders who would like more information about their rights and potential remedies can: Leonid Kandinov, Esq. Robbins Arroyo LLP Telephone: (619) 525-3990 Toll Free: (800) 350-6003 Website: www.robbinsarroyo.com Email: LKandinov@robbinsarroyo.com[GN] TASTE OF NATURE: Buso Sues Over Cookies in Slack-Filled Packs ------------------------------------------------------------- ANTHONY BUSO, individually and on behalf of all others similarly situated v. TASTE OF NATURE, INC., a California corporation; and DOES 1 through 10, inclusive, Case No. 37-2018-00030055-CU-MT-CTL (Cal. Super. Ct., San Diego Cty., June 18, 2018), alleges that the Defendant is selling its Cookie Dough Bites products using illegal slack-filled containers. Taste of Nature, Inc., is a California corporation with its principal place of business located in Santa Monica, California. The true names and capacities of the Doe Defendants are currently unknown to the Plaintiff. The Company manufactures and markets candies and snack food items.[BN] The Plaintiff is represented by: Scott J. Ferrell, Esq. PACIFIC TRIAL ATTORNEYS A PROFESSIONAL CORPORATION 4100 Newport Place Drive, Suite 800 Newport Beach, CA 92660 Telephone: (949) 706-6464 Facsimile: (949) 706-6469 E-mail: sferrell@pacifictrialattorneys.com THAI AP&O LLC: "Bunmat" Suit Alleges FLSA Violation --------------------------------------------------- Bangon Bunmat, individually and on behalf of all others similarly situated v. Thai AP&O LLC dba Madam Mam's, Case No. 1:18-cv-00364 (W.D. Tex., May 1, 2018), is brought against the Defendant for violation of the Fair Labor Standards Act. The Plaintiff worked for the Defendant as a server. The Defendant operates a restaurant in Austin, Texas commonly referred to as Madam Mam's. [BN] The Plaintiff is represented by: Drew N. Herrmann, Esq. HERRMANN LAW, PLLC 801 Cherry St., Suite 2365 Fort Worth, TX 76102 Tel: (817) 479-9229 Fax: (817) 260-0801 E-mail: drew@herrmannlaw.com THUNDERBIRD COLLECTION: "Bieber" Suit Alleges TCPA Violations ------------------------------------------------------------- Mark Bieber, individually and on behalf of all others similarly situated v. Thunderbird Collection Specialists, Inc., and Does 1 through 10, Case No. 1:18-at-003261 (E.D. Calif., May 1, 2018), is brought against the Defendants for violations of the Telephone Consumer Protection Act. The Plaintiff is a resident of Los Banos, California. The Defendant is a debt collection company. [BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN, P.C. 21550 Oxnard St., Suite 780 Woodland Hills, CA 91367 Tel: (877) 206-4741 Fax: (866) 633-0228 E-mail: tfriedman@toddflaw.co abacon@toddflaw.com TIDAL: Faces Class Action Over Kanye West 2016 Album ---------------------------------------------------- Jay Scott Smith, writing for the grio, reports that when Tidal, the music streaming service best known as the home of Jay-Z and Beyonce, first arrived, it promised exclusive music and albums that would only be available on the service. Enter Kanye West. When his 2016 album The Life of Pablo dropped, West famously tweeted that the album would be on Tidal only as a way to drive up subscriber numbers. "My album will never, never, never be on Apple," West said of his album's exclusivity. "And it will never be for sale. You can only get it on Tidal." Just six weeks later, the album was on Apple Music. That didn't set well with Justin Baker-Rhett, a Kanye fan who unfortunately took West seriously when he made this statement. Rhett says that he signed up for Tidal on the sole condition that the album would be exclusive to the service. The album no longer being exclusive led Mr. Rhett to sue West along with and Tidal. Before you say the suit is frivolous, according to Pitchfork the class action suit will move forward. Jay Edelson, Mr. Rhett's attorney, told Pitchfork that "the court accepted our core premise: what we alleged constitutes consumer fraud." However, due to the court's ruling, the class action will not be one national one, and will instead consist of several "state-by-state" cases. Mr. Edelson also tweeted, that he plans to depose West: There is no word on if West or Tidal is thinking freely about settling the case. [GN] TIEMPO COMMUNICATIONS: Does Not Pay Workers Properly, Says Tardy ---------------------------------------------------------------- MARK BOWMAN TARDY, individually and on behalf of all others similarly situated v. TIEMPO COMMUNICATIONS AND UTILITY SERVICES, INC., BELINDA FLORES, RAUL FLORES, Case No. 4:18-cv-01958 (S.D. Tex., June 14, 2018), alleges that the Plaintiff routinely worked in excess of 40 hours per week on the Defendants' behalf but was not paid lawfully for doing so because they only paid him on a day and piece rate basis. Tiempo Communications and Utility Services, Inc., does business and is headquartered in Texas. The Individual Defendants served as owners, officers or directors of Tiempo. The Defendants provide construction installation of underground cable systems, technical cable services and repair and maintenance rehabilitation services to companies operating in the greater Houston area and South East, South Central Texas.[BN] The Plaintiff is represented by: Jay Forester, Esq. FORESTER HAYNIE PLLC 1701 N. Market Street, Suite 210 Dallas, TX 75202 Telephone: (214) 210-2100 Facsimile: (214) 346-5909 E-mail: jay@foresterhaynie.com TMC RESTAURANT: "Davis" Suit Seeks to Recoup Misappropriated Tips ----------------------------------------------------------------- LEILONNI DAVIS, ASHLEY SAFRIT, and LAUREN WILSON, on behalf of themselves and all others similarly situated v. TMC Restaurant of Charlotte, LLC d/b/a The Men's Club, Case No. 3:18-cv-00313 (W.D.N.C., June 16, 2018), seeks to recover alleged unpaid minimum wages, misappropriated tips, misappropriated commissions, and statutory penalties for the Plaintiffs and similarly situated coworkers, including servers and bartenders, pursuant to the Fair Labor Standards Act and the North Carolina Wage and Hour Act. TMC Restaurant of Charlotte, LLC, doing business as The Men's Club, is a limited liability company registered and in good standing in the state of North Carolina with its principal place of business located in Charlotte, North Carolina. The Company operates a restaurant.[BN] The Plaintiffs are represented by: Philip J. Gibbons, Jr., Esq. GIBBONS LEIS, PLLC 14045 Ballantyne Corporate Place, Ste 325 Charlotte, NC 28277 Telephone: (704) 612-0038 E-mail: phil@gibbonsleis.com - and - Gregg C. Greenberg, Esq. ZIPIN, AMSTER & GREENBERG, LLC 836 Bonifant Street Silver Spring, MD 20910 Telephone: (301) 587-9373 Facsimile: (301) 587-9397 E-mail: ggreenberg@zagfirm.com TNT CRANE: Fails to Pay Overtime to Crane Operators, Repass Says ---------------------------------------------------------------- TIMOTHY W. REPASS, Individually and On Behalf of All Others Similarly Situated v. TNT CRANE AND RIGGING, INC., Case No. 7:18- cv-00107 (W.D. Tex., June 18, 2018), alleges that the Defendant has violated the Fair Labor Standards Act by failing and refusing to pay its crane operators at time-and-one-half their regular rates of pay for all hours worked in excess of 40 hours within a workweek. TNT Crane and Rigging, Inc., is a Texas for-profit corporation headquartered in Houston, Texas. The Company is a crane and rigging company that provides services throughout North America, including the United States. The Company provides lifting services across the Permian Basin, including in Midland County.[BN] The Plaintiff is represented by: Edmond S. Moreland, Jr., Esq. MORELAND LAW FIRM, P.C. 700 West Summit Drive Wimberley, TX 78676 Telephone: (512) 782-0567 Facsimile: (512) 782-0605 E-mail: edmond@morelandlaw.com - and - Daniel A. Verrett, Esq. MORELAND LAW FIRM, P.C. The Commissioners House at Heritage Square 2901 Bee Cave Road, Box L Austin, TX 78746 Telephone: (512) 782-0567 Facsimile: (512) 782-0605 E-mail: daniel@morelandlaw.com UNITED HEALTHCARE: "Broward" Suit Alleges TCPA Violation -------------------------------------------------------- Broward Psychology, P.A., individually and on behalf of all others similarly situated v. United Healthcare Services, Inc., Case No. 0:18-cv-61028 (S.D. Fla., May 8, 2018), is brought against the Defendant for violation of the Telephone Consumer Protection Act. The Plaintiff seeks an injunction requiring the Defendant to cease all unauthorized fax-based marketing activities, as well as an award of actual and statutory damages, along with costs. The Plaintiff Broward Psychology, P.A. is a Florida professional association with its principal place of business in Hollywood, Florida. The Defendant United HealthCare is a leading health insurer that offers a variety of insurance plans and services to group and individual consumers nationwide. [BN] The Plaintiff is represented by: Avi R. Kaufman, Esq. KAUFMAN P.A. 400 NW 26th Street Miami, FL 33127 Tel: (305) 469-5881 E-mail: kaufman@kaufmanpa.com UNITED STATES: Immigrant Reunification Prospects Remain Unclear --------------------------------------------------------------- Colleen Long, Will Weissert and John L. Mone, writing for The Associated Press, report that a Texas charitable organization says 32 immigrant parents separated from their children after crossing the U.S.-Mexico border were freed into its care on June 24, but they don't know where their kids are or when they might see them again despite government assurances that family reunification would be well organized. The release is believed to be the first, large one of its kind since President Donald Trump signed an executive order on June 20 that preserved a "zero-tolerance" policy for entering the country illegally but ended the practice of separating immigrant parents and children. U.S. Immigration and Customs Enforcement offered no immediate comment. Ruben Garcia, director of Annunciation House in El Paso, said the group of both mothers and fathers includes some from Mexico, Guatemala and Honduras who arrived to his group after federal authorities withdrew criminal charges for illegal entry. He didn't release names or personal details to protect the parents' privacy, and Homeland Security officials said they needed more specifics in order to check out their cases. A June 23 fact sheet by the Department of Homeland Security and other agencies said authorities know the location of all children in custody after separating them from their families at the border and are working to reunite them. It called the reunification process "well coordinated." It also said parents must request that their child be deported with them. In the past, the fact sheet says, many parents elected to be deported without their children. That may be a reflection of violence or persecution they face in their home countries. It doesn't state how long it might take to reunite families. Texas' Port Isabel Service Processing Center has been set up as the staging ground for the families to be reunited prior to deportation. How the government would reunite families has been unclear because they are first stopped by U.S. Customs and Border Patrol, with children taken into custody by the Department of Health and Human Services and adults detained through ICE, which is under the Department of Homeland Security. Children have been sent to far-flung shelters around the country, raising alarm that parents might never know where their children can be found. At least 2,053 minors who were separated at the border were being cared for in HHS-funded facilities, the fact sheet said. The chairman of the Senate Homeland Security Committee hedged on June 24 when pressed on whether he was confident the Trump administration knows where all the children are and will be able to reunite them with their parents. "That is what they're claiming," Sen. Ron Johnson, R-Wis., said on CNN's "State of the Union." The fact sheet states that ICE has implemented an identification mechanism to ensure ongoing tracking of linked family members throughout the detention and removal process; designated detention locations for separated parents and will enhance current processes to ensure communication with children in HHS custody; worked closely with foreign consulates to ensure that travel documents are issued for both the parent and child at time of removal; and coordinated with HHS for the reuniting of the child prior to the parents' departure from the U.S. As part of the effort, ICE officials have posted notices in all its facilities advising detained parents who are trying to find or communicate with their children to call a hotline staffed 8 a.m. to 8 p.m. Monday through Friday. A parent or guardian trying to determine if a child is in the custody of HHS should contact the Office of Refugee Resettlement National Call Center at 1-800-203-7001, or via email at information@ORRNCC.com. Information will be collected and sent to an HHS-funded facility where a minor is located. But it's unclear whether detained parents have access to computers to send an email, or how their phone systems work to call out. Attorneys at the border have said they have been frantically trying to locate information about the children on behalf of their clients. Mr. Garcia, the Annunciation House director, said his experience has been that telephone contact doesn't provide any information. "If we bring in 30 cellphones, they're going to call that number, they're not going to reach 30 children," said Mr. Garcia, whose organization has been working with federal authorities to assist immigrants for 40 years. "Actually (they're) not going to be able to give them any information on what to expect." Customs and Border Patrol said it had reunited 522 children and that some were never taken into custody by Health and Human Services because their parents' criminal cases were processed too quickly. Officials have said as many as 2,300 children had been separated from the time the policy began until June 9. It's not clear if any of the 2,000 remaining children were taken into custody after June 9. The "zero-tolerance policy" of criminally prosecuting anyone caught illegally crossing the border remains in effect, officials have said, despite confusion on the ground on how to carry out Trump's order. Justice Department officials asked a federal judge to amend a class-action settlement that governs how children are treated in immigration custody. Right now, children can only be detained with their families for 20 days; Trump officials are seeking to detain them together indefinitely as their cases progress. Advocates say family detention does not solve the problem. [GN] UNITED STATES: Suit Aims to Seek Justice for Migrant Families ------------------------------------------------------------- Dianna M. N ?ez, Kaila White and Daniel Gonzalez, writing for Arizona Republic, report that they were supposed to be going to take a bath. But the children, held with their migrant mothers in a federal detention center near the Texas border, did not want to go with the officers. The attorney remembers the mothers weeping as they told their stories: Some babies too young to talk cried. Children old enough to use their words pleaded. "The officers told their mothers that they were taking them for a bath, and the children were begging not to go," said attorney Michael Avenatti. The mothers tried to calm their sons and daughters. It was only a bath. They'd be back soon. "That was the last communication these mothers had with their children, who now believe their mothers lied to them," Mr. Avenatti said. Now, by most accounts, those children may be scattered across the U.S., as their parents are kept in immigration holding facilities or deported to other countries. And like the mothers, attorneys representing those families now say they're desperate and in the dark -- at a loss for how to find the children or reunite them with their parents. Mr. Avenatti announced he's representing about 60 mothers and 70 children separated at the border under the Trump administration's zero-tolerance border policy. Mr. Avenatti, a California attorney who became a regular on news talk shows after representing porn star Stormy Daniels in her legal battle with President Donald Trump, is among a growing number of attorneys nationwide attempting to reunite children with their parents. The case of a mother from Guatemala who sued the Trump administration to get her son back -- a deal brokered between the government and her lawyer led to a surprise reunion in Baltimore -- might offer a legal road map for others. But immigration attorneys and advocate groups say the legal options for the many parents who are still in custody remain unclear. Mr. Avenatti is offering what he says is a speedier solution, one that may place him on the same side of his foe -- Trump. Chaos amid a government-created crisis? Mr. Avenatti visited Arizona to deliver a letter from one Honduran mother, still in a detention facility in Laredo, Texas, to her 6-year-old son. He said the child had already spent about 10 days in a facility in Phoenix run by contractor Southwest Key. The letter Mr. Avenatti delivered was the first message from the mother to her child since they were separated. Mr. Avenatti says he's interviewed dozens of mothers in Texas whose children were shipped across the United States. He said only about 20 percent have been told where their children were. One client filled out a form seeking information on her daughter's whereabouts. "ICE responds we don't have that information, and this is the rule, not exception," he said. "Americans, we get upset when the dry cleaning misplaces a shirt or when our luggage gets lost. Imagine if they took their kid from you and you said, 'But where's my child?' and they said, 'We don't know.' " Attorneys say they are facing a U.S. government-created crisis so chaotic even legal scholars are at a loss. Immigration-enforcement hard-liners argue the stricter policies are long overdue and will stem the flow of migrants who cross the border illegally. Officials with the Florence Project said they have received about 467 cases this year of children separated from parents. Since Attorney General Jeff Sessions announced in May that the zero- tolerance policy had been implemented, they say they've seen 112 cases. There's no road map for putting a child back in the arms of their parents, attorneys say. And the more time that passes without a fix, the greater the risks. Children are at risk of being orphaned if their parent is deported. More children may end up lost or traumatized in a system unprepared for the spike in children in need of placement and care. In the weeks since the Trump administration's zero-tolerance policy, the number of children known to be reunited with their mother or father appears to be vastly lower than the more than 2,000 children separated from the parent or adult they were with when they crossed the border. Each day, attorneys hear more accounts of children without their family in detention centers. A Guatemalan mom sues Trump The story of the migrant mother from Guatemala who sued the U.S. government to regain custody of her 7-year-old son made national headlines because it is believed to be the first lawsuit that ended with a reunion. Some attorneys see Beata de Jesus Mejia-Mejia's legal battle against the Trump administration as a path to justice. Mejia-Mejia's legal team argued that the government had violated the 39-year-old mother's constitutional rights, and her son's, when they were separated. The suit echoed concerns voiced in recent weeks from politicians on both sides of the aisle, United Nations officials, faith leaders and the thousands of people who have taken to the streets to protest family separations. The lawsuit, in part, argues that the separation: violates the right to due process, induces trauma on a child who has done nothing wrong and will deter other people from seeking asylum. It alleges the separation was used as "a bargaining chip for Congress to pass a bill funding a 'wall' to fulfill an ill- conceived campaign promise." Separating Mejia-Mejia from her son violated her right to due process, according to the lawsuit, because it was executed without a hearing and she was not provided "any paperwork to indicate where her son is located or how she can contact him or retrieve him from detention." Attorneys also alleged violations of her civil and human rights under international laws, including the United Nations Convention Relating to Status of Refugees. Department of Justice lawyers never made their case against the lawsuit filed on June 19 in a federal court in Washington, D.C. District Court Judge Paul Friedman had fast-tracked the case for a hearing two days later. But minutes before the court proceedings were scheduled to begin, DOJ attorneys told Mejia-Mejia's lawyer, Mario Williams, they would agree to return her 7-year-old son. After days of calling officials to find Mejia-Mejia's son Darwin, trying to persuade them to return her child, Mr. Williams said the only thing that made a difference was the lawsuit against the Trump administration. When Mr. Williams met Mejia-Mejia, he says she showed him a 24- page document. It was light on information about reuniting with her son, he said, but heavy on government jargon. The document would confuse most people, particularly a migrant who had just survived the trek from Guatemala. Mejia-Mejia says death threats were made against her and her son by her husband. Mr. Williams said that Nexus Derechos Humanos Attorneys, the law firm he works for that took on Mejia-Mejia's case for free, is considering a class-action lawsuit. "Nobody understands the process completely," he said. "That's shameful, it's so egregious, so nightmarish, so dark, because the government won't release a process, the Trump administration hasn't released the procedures." Families still separated after Trump enforcement order Though Trump has issued an executive order ending the separation policy, confusion remains. Arizona immigration attorney Stephanie Corcoran said even national legal groups such as the American Immigration Lawyers Association, of which she is a member, have yet to issue directives. "They've never done this before," she said of the federal government. "We had unaccompanied minors . . . but never children separated from their parents, even small children who can't tell you who they are or who their parents are." Ms. Corcoran has a client in her early 20s in the Eloy Detention Center. At a recent meeting, the young woman told her an account of an officer using her as a translator for a distraught Spanish- speaking woman. The woman asked, "Can you ask to have them find out where my child is?" Ms. Corcoran said the Immigration and Customs Enforcement officer said, "When you get deported, you can figure that out." Mejia-Mejia's case may not be the answer for every family separated, Corcoran said, but it could serve as a starting point. Lawyer who took on Trump may be his greatest ally in detaining families together Not everyone sees Mejia-Mejia's case as the best immediate fix. In fact, the California lawyer known for taking on Trump may agree with him on how to swiftly reunify families. Mr. Avenatti said Mejia-Mejia's case does not factor for the majority of parents, because unlike her, they are still in detention. "She was lucky," he said. Mr. Avenatti said time is the greatest risk to children separated from their parents. He fears children, especially babies and toddlers who can't speak for themselves, will be lost in the shelter and foster system the longer they are without their parent. The best alternative for now, he says, is a fast-tracked process of uniting families in a mass detention center. Federal emergency officials are practiced at opening large shelters during disasters. Children could be with their mothers in a matter of days, he said. "There is really only one reasonable way to solve this right now," he said. "All of these mothers and fathers and all of these children need to be taken to a single staging area for families." Trump's executive order called for a similar fix -- stopping family separations by keeping children and parents together in detention centers. The problem: Trump's order may run afoul of the 1997 Flores vs. Reno settlement. The agreement requires that migrants under 18 be released "without unnecessary delay" if they have a family member to stay with. Additionally, the settlement requires any minors who must remain in immigration detention to be placed "in the least restrictive setting appropriate." In his executive order, Trump directed Sessions to seek a modification to the settlement that may allow the government to detain families together. Legal analysts have questioned whether the courts would budge given that it quashed the Obama administration's attempts in 2015 to detain families together. On June 22, the Mexican American Legal Defense and Educational Fund released a statement arguing Trump has one mission: detain more migrants and deport them faster. "The administration . . . sought to modify a federal court order so that the government may pursue even lengthier caging of minor children," said Thomas Saenz, president and general counsel of MALDEF. "The fact is that the executive order doubles down on the inhumanity of the heart-rending scenes seen in recent weeks." [GN] UNIVERSITY OF SOUTHERN: 200 Ex-Students Join Sex Abuse Suit ----------------------------------------------------------- Maura Dolan, writing for Los Angeles Times, reports that at least 200 former USC students have joined lawsuits against the university, alleging it failed to heed warnings for nearly 30 years that a campus gynecologist was sexually abusing patients. Lawyers representing the alleged victims expect the number of women suing to reach at least several hundred and possibly thousands. If successful, the suits could cost the university hundreds of millions of dollars. "I have never seen anything like the volume of calls we are getting," said John Manly, a lawyer who has represented sex abuse victims in mass litigation cases. In the first three weeks following The Times' revelations, Manly said he received calls from 120 former patients of Dr. George Tyndall, a student health clinic gynecologist who was employed by USC and is now under investigation by the Los Angeles Police Department over allegations of sex abuse. "The alarming thing is we have women from the very beginning of his employment in 1989 to the very end," Mr. Manly said. "It indicates he engaged in this behavior throughout his tenure at USC." Mr. Manly was the lead lawyer for sexual abuse victims of Michigan State University sports physician Larry Nassar. Michigan State settled suits by 332 victims for $500 million, with the average victim receiving $1.3 million, Manly said. "There were restrictions in the state of Michigan that kept those settlements a little bit depressed, whereas in California I think you are going to see higher numbers," said David M. Ring, who also has sued USC on behalf of dozens of women. Suits against the Los Angeles Roman Catholic Archdiocese resulted in a $660-million settlement in 2007, with sex abuse victims receiving an average of $1.5 million each. Settlements stemming from sexual abuse by an L.A. school district elementary teacher several years ago provided each victim on average more than $1 million, lawyers said. A class-action suit against Johns Hopkins Hospital over a gynecologist who secretly took pictures and videos of patients led to a smaller, $190-million settlement in 2014. Former patients received $1,876.77 to $27,934.93 in compensation, according to the Baltimore Sun. The amount of damages awarded in mass litigation generally differs from victim to victim, depending on the severity of the abuse and the harm, lawyers said. Lawyers for Tyndall's former patients say he inappropriately put his fingers into their vaginas and anuses, watched them while they undressed, required them to lie naked on the exam table without a sheet, took pictures of their genitals, commented on the size of their vaginas, falsely diagnosed some with dreaded diseases and praised some patients' breasts. In interviews with The Times, Tyndall, 71, said he had done nothing wrong. He said his examinations of patients were extremely thorough, but always appropriate. Campus authorities allowed him to practice until 2016, when a frustrated nurse reported him to the campus rape crisis center. An internal USC investigation determined that Tyndall's behavior during pelvic exams was outside the scope of current medical practice and amounted to sexual harassment of students. Top administrators allowed Tyndall to resign with a payout last summer without informing his patients or reporting him at the time to the Medical Board of California. Although Tyndall is a named defendant in the litigation, USC is the real target. "I don't expect to get a nickel out of the doctor," Mr. Manly said. About 15 lawsuits have been filed against USC, both in federal court and in Los Angeles County Superior Court. They allege a variety of legal wrongs, falling broadly under the category of negligence and gender discrimination. Jason Frank, who has represented defendants and plaintiffs in personal injury cases, said the California Supreme Court has limited employer liability only in rare cases. A hospital would not be liable for an orderly who drugged and raped patients because that behavior would be considered outside the scope of his employment, Mr. Frank said. "It really has to be that extreme in order for a company not to be liable," said Mr. Frank, who is not involved in the USC cases. Tyndall's job required him to be with young women when they were undressed and in vulnerable positions, and USC was warned in the past about his conduct -- factors that point to liability, Mr. Frank said. Richard S. Linkert, a Sacramento-based lawyer who has defended similar cases for school districts, said employers can be liable for sexual abuse under a theory that they were negligent in retaining and supervising the errant employee. For the defense, the job may be just about "damage control," trying to avoid a huge jury award, he said. "These cases can be so inflammatory and outrageous that it is very easy to get a jury worked up and award giant numbers," he said. "It is very shocking the large numbers being awarded in Southern California." He said USC probably has plenty of insurance to defray the costs. "I think USC ought to try to settle the cases, the sooner the better," Mr. Linkert said. In an open letter to faculty and staff in May, USC Provost Michael W. Quick said top administrators had been unaware of the complaints until 2016. "It is true that our system failed, but it is important that you know that this claim of a cover-up is patently false," Mr. Quick wrote. "We would never knowingly put students in harm's way." USC established a hotline for complaints about Tyndall and has offered free counseling to his former patients. In investigating the doctor in 2016, USC consulted with a gynecology expert who found that Tyndall's way of doing pelvic exams could be considered acceptable, USC said, while an outside medical review team found that his pelvic exams conflicted with today's standard of care. The university said it also consulted two criminal law experts, who concluded there was no crime to report. USC blamed the student health clinic's former executive director, who died two years ago, for "independently" handling complaints about Tyndall. In 2013, the executive director referred some complaints to another department to be investigated. The review concluded no action was needed. Lawyers say the state lawsuits are likely to be consolidated before one Los Angeles Superior Court judge. In other cases of mass litigation, committees of lawyers have been appointed to represent both sides. Sometimes, a judge in such cases will pick a handful of cases to go to trial. The jury verdicts then shape the settlement of the others. Because USC is private, it also could face punitive damages, intended to punish a defendant for wanton and willful misconduct. USC has retained the law firm of Quinn Emanuel to defend it against the suits and hired O'Melveny & Myers to investigate the allegations and the university's response. For the women who are suing, Los Angeles County Superior Court is a considered a favorable venue. The court has handled such large, complex litigation, and the jury pool is considered friendly to plaintiffs, lawyers said. The #MeToo movement also has improved the success of such cases, plaintiff lawyers said. Juries are more aware of the harm of sexual assaults, and victims are more willing to come forward, they said. "The movement has certainly elevated the standing of these sexual assault cases," Mr. Ring said. Manly, a USC alumnus, said the university may want to resolve the cases quickly to protect its reputation. "Michigan State treated the victims as adversaries and enemies," the lawyer said. "In my view, that is a very poor legal strategy. Penn State did not do that in the [Jerry] Sandusky cases. They settled with victims within six months, and in many ways were able to move forward." Lawyers defending USC against the suits were unavailable for comment. "We are committed to concluding these lawsuits quickly," a USC spokesman said, "and to achieving a fair outcome for those affected by Tyndall's behavior." [GN] US OLYMPIC: Faces "Frederick" Class Suit Over Sexual Abuse ---------------------------------------------------------- MARCIA FREDERICK, individually, and on behalf of all others similarly situated v. UNITED STATES OLYMPIC COMMITTEE, USA GYMNASTICS (formerly known as the United States Gymnastics Federation), RICHARD CARLSON, MURIEL GROSSFELD, GEORGE WARD, Case No. 1:18-cv-11299 (D. Mass., June 20, 2018), accuses the Defendants of violating the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 by systemically failing to respond to and report suspected child abuse of amateur athletes to law enforcement. The Plaintiff, a former Olympic gymnast, also brings this claim individually, seeking injunctive relief and compensation for personal injuries and damages suffered when she was repeatedly molested, sexually abused and assaulted while training and competing as a minor elite gymnast for the United States across the nation by Defendant Richard Carlson. USOC is a federally-chartered nonprofit corporation, having its principal place of business and headquarters in Colorado Springs, Colorado. The USOC is a federally-chartered nonprofit corporation, which was reorganized by the Ted Stevens Amateur Sports Act, originally enacted in 1978. The USOC is the governing body for all American Olympic teams. USAG is a business entity of form unknown, having its principal place of business in the state of Indiana. USAG is the National Governing Body for gymnastics in the United States, as designated and permitted by USOC under the Ted Stevens Act, and selects and trains the United States gymnastics teams. Perpetrator Richard Carlson is a former elite level gymnastics coach, who resides and is a citizen of New York. Defendants Muriel Grossfeld and George Ward are residents and citizens of Connecticut. Perpetrator Carlson is an agent or employee of USAG, USOC, Muriel Grossfeld and George Ward.[BN] The Plaintiff is represented by: Kimberly A. Dougherty, Esq. Vance Andrus, Esq. Aimee Wagstaff, Esq. ANDRUS WAGSTAFF, PC 19 Belmont Street South Easton, MA 02375 Telephone: (508) 230-2700 Facsimile: (888) 875-2889 E-mail: kim.dougherty@andruswagstaff.com vance.andrus@andruswagstaff.com aimee.wagstaff@andruswagstaff.com - and - Lori E. Andrus, Esq. Jennie Lee Anderson, Esq. ANDRUS ANDERSON LLP 155 Montgomery Street, Suite 900 San Francisco, CA 94104 Telephone: (415) 986-1400 Facsimile: (415) 986-1474 E-mail: lori@andrusanderson.com jennie@andrusanderson.com USA HALLOWEEN: Fails to Pay Minimum & Overtime Wages, Adams Says ---------------------------------------------------------------- SAMANTHA ADAMS on Behalf of Herself and All Others Similarly Situated v. USA HALLOWEEN PLANET, INC., TODD DENNING and TIM LEE, Case No. 1:18-cv-01842-JMS-MPB (S.D. Ind., June 15, 2018), alleges that the Defendants violate the Fair Labor Standards Act by failing to pay the Plaintiff and members of the class minimum wages and overtime premiums. USA Halloween Planet, Inc. ("USA Fireworks"), is an incorporated business headquartered in Indianapolis, Indiana. The Individual Defendants are officers and managers of the Company.[BN] The Plaintiff is represented by: Ronald E. Weldy, Esq. WELDY LAW 198 South 9th Street Noblesville, IN 46060 Telephone: (317) 842-6600 E-mail: rweldy@weldylegal.com VEGASSPORTSCONSULTANTS.COM: Mitchel Sues for Invasion of Privacy ---------------------------------------------------------------- STEVEN MITCHEL, individually and on behalf of all others similarly situated v. VEGASSPORTSCONSULTANTS.COM and PERFECT PRIVACY, LLC, Case No. 0:18-cv-61404-FAM (S.D. Fla., June 21, 2018), accuses the Defendants of negligently contacting the Plaintiff on his cellular telephone, in violation of the Telephone Consumer Protection Act, thereby, invading his privacy. Vegas is a Nevada company and is citizen of Nevada. Perfect Privacy is a Florida company and considered a citizen of Florida. Perfect Privacy's principal place of business is located in Jacksonville, Florida. Perfect Privacy is the registrant and owner of Vegas. Perfect Privacy is the marketer for Vegas, including online media and other marketing campaigns to drive consumers to the Vegas Web site. The Defendants operate or are affiliated with multiple auto- texting numbers and the Internet Web sites, including http://www.vegassportsconsultants.com/,and have a business model whereby Vegas operates an online odds and sports betting business, and the Defendants send unsolicited texts offering free money to bet as a means to generate traffic to its online betting platform.[BN] The Plaintiff is represented by: Seth M. Lehrman, Esq. EDWARDS POTTINGER LLC 425 North Andrews Avenue, Suite 2 Fort Lauderdale, FL 33301 Telephone: (954) 524-2820 Facsimile: (954) 524-2822 E-mail: seth@epllc.com - and - Joshua H. Eggnatz, Esq. Michael J. Pascucci, Esq. EGGNATZ PASCUCCI 5400 S. University Drive, Suite 417 Davie, FL 33328 Telephone: (954) 889-3359 Facsimile: (954) 889-5913 E-mail: MPascucci@JusticeEarned.com JEggnatz@JusticeEarned.com VERIZON COMMUNICATIONS: Faces Suit Over Sherman Act Violation ------------------------------------------------------------- Brandy A. Allen, individually and on behalf of all others similarly situated v. Verizon Communications, Inc., and Cellco Partnership dba Verizon Wireless, Case No. 3:18-cv-08918 (D. N.J., May 7, 2018), is brought against the Defendants for violation of Section 1 of the Sherman Act by limiting the use of embedded-SIM technology in order to stifle consumers' ability to switch between wireless carriers. The antitrust class action arises from a conspiracy among Verizon and AT&T, Inc., and AT&T Mobility LLC together to stifle competition in the wireless communication services market in the United States. The Plaintiff, Brandy A. Allen is a resident of Philadelphia, Pennsylvania. Ms. Allen has been a subscriber to AT&T wireless communications services for approximately ten years. As a result of Verizon's collusive and anticompetitive conduct, Ms. Allen has been injured in her business or property, says the complaint. The Defendant Verizon Communications Inc., a Delaware corporation headquartered in New York, New York, is an American multinational telecommunications conglomerate and the largest provider of mobile telephone services in the United States. The Defendant Cellco Partnership dba Verizon Wireless, is a wholly owned subsidiary of Verizon, which is headquartered in Basking Ridge, New Jersey. Verizon Wireless is the largest wireless telecommunications provider in the United States with over 150 million subscribers. [BN] The Plaintiff is represented by: James E. Cecchi, Esq. Caroline F. Bartlett, Esq. CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, PC 5 Becker Farm Road Roseland, NJ 07068-1739 Tel: (973) 994-1700 VOLKSWAGEN: Exploding Sunroof Class Suit Partially Dismissed ------------------------------------------------------------ David A. Wood, writing for CarComplaints.com, reports that a Volkswagen exploding sunroof class-action lawsuit is hanging on after the automaker filed a motion to dismiss the complaint. Plaintiff Rosaura Deras filed the lawsuit on behalf of consumers who purchased or leased in California any of the following vehicles equipped with factory-installed sunroofs: 2005-2017 Volkswagen Jetta 2015-2017 Volkswagen Golf 2006-2015 Volkswagen GTI 2009-2010 Volkswagen CC 2007-2016 Volkswagen Eos 2006-2009 Volkswagen Rabbit 2012-2017 Volkswagen Passat 2004-2006 Volkswagen Touareg 2011-2017 Volkswagen Touareg 2008 Volkswagen R32 2009-2017 Volkswagen Tiguan According to Deras, she leased a 2013 Volkswagen Jetta in June 2013 and purchased the vehicle on June 3, 2016, at the end of her lease term. In 2017 while driving on the freeway, she claims a loud "BOOM" like a gunshot went off in the car, followed by a hail of glass falling on her head and the interior of the Volkswagen. She says she saw a large hole in the center of her sunroof with the edges of the glass pointing upward, indicating the glass wasn't broken from outside the vehicle. The plaintiff says VW has concealed defects in the sunroofs because since December 14, 2009, 57 "owners and lessees of Class Vehicles have reported an incident of their sunroof shattering" to the National Highway Traffic Safety Administration (NHTSA). According to the plaintiff, VW further knew of the defect through its internal tracking systems and because the automaker issued a recall for its 2013-2015 Beetle. The recall was issued "relating to the shattering of sunroofs," but "it has done nothing regarding the far more predominant problem relating to all regular and panoramic sunroof shattering that affects potentially hundreds of thousands or more VW vehicles." Volkswagen moved to dismiss the exploding sunroof class-action lawsuit, starting with implied warranty claims on the grounds they are barred by the 4-year statute of limitations. The plaintiff doesn't dispute that she did not file the lawsuit within four years of the date on which she leased the vehicle. However, she argues that her claim is timely because her June 2016 purchase re-started the statute of limitations clock. The judge agreed. Deras also claims she can bring an implied warranty claim because Volkswagen sold her the vehicle, but VW argues the lawsuit never mentions where she actually purchased the vehicle. However, the judge ruled the assumption is the vehicle was purchased from the same dealership that leased it. However, according to the judge, VW won the argument about a claim of unjust enrichment by arguing the new vehicle warranty precludes the claim. Concerning the claim that Volkswagen knew about the sunroof problems because of internal monitoring and complaints made to NHTSA, VW says the allegations are not enough to state a claim in court, and the judge agreed. Deras alleges NHTSA received 57 complaints of shattering sunroofs between December 14, 2009, and April 11, 2017, and that safety regulators monitored the complaints. Of those complaints, 45 were made before Deras purchased her vehicle on June 3, 2016. But according to the judge, "the Ninth Circuit has held that consumer complaints suffice to establish knowledge only where there were an unusual number of complaints, such that the manufacturer would be on notice of a specific problem." The judge also found the plaintiff contends there are "potentially hundreds of thousands or more of VW vehicles with defective sunroofs, so 57 complaints out of hundreds of thousands of vehicles aren't an unusual number of complaints." As for the allegation that Volkswagen knew about the alleged shattering sunroofs because of a previous recall related to sunroofs, the judge ruled Deras has cited no authority, and the judge is aware of none, holding that prior recalls of similar products is enough to establish knowledge of a defect. Therefore, the judge dismissed claims of violations of California's unfair competition law, California Consumer Legal Remedies Act and fraud by omission, but with leave to amend the claims. Overall, the judge dismissed all the claims against Volkswagen except claims related to implied warranties. The Volkswagen exploding sunroof class-action lawsuit was filed in the U.S. District Court for the Northern District of California -- Rosaura Deras, et. al., v. Volkswagen Group of America, Inc. The plaintiff is represented by the Law Office of Robert L. Starr, APC, and the Law Office of Stephen M. Harris, APC. CarComplaints.com has complaints about the models named in the lawsuit: Volkswagen Jetta Volkswagen Golf Volkswagen GTI Volkswagen CC Volkswagen Eos Volkswagen Rabbit Volkswagen Passat Volkswagen Touareg Volkswagen Tiguan [GN] WELLS FARGO: Faces "Ecklund" Suit Over Fraudulent Investment ------------------------------------------------------------ JENNIFER ECKLUND v. WELLS FARGO BANK, N.A., Case No. 4:18-cv- 00452 (E.D. Tex., June 26, 2018), is brought on behalf of the now-defunct entities BUCF and the Wammel Group, and on behalf of others similarly situated over claims related to a fraudulent investment scheme. The Plaintiff sues in her capacity as the Court-appointed Receiver for Thurman P. Bryant, III, and Bryant United Capital Funding, Inc. ("BUCF"), Arthur F. Wammel, Wammel Group, LLC, and Wammel Group Holdings Partnership receivership estates. The case arises out of, and is ancillary to, a lawsuit brought by the Securities and Exchange Commission against the Bryant Defendants, Wammel Defendants, Carlos Goodspeed a/k/a Sean Phillips a/k/a GC d/b/a Top Agent Entertainment d/b/a Mr. Top Agent Entertainment, and Relief Defendant Thurman P. Bryant, Jr., for claims related to a fraudulent investment scheme created, organized, and operated by the Bryant Defendants. That lawsuit is styled SEC v. Thurman P. Bryant, III, et al., No. 4:17-cv- 00336-ALM, and is pending in the United States District Court for the Eastern District of Texas, Sherman Division. Wells Fargo Bank, N.A., is a foreign financial institution incorporated under the federal law and has its principal place of business in the state of California. Wells Fargo provides personal, small business, and commercial banking services.[BN] The Plaintiff is represented by: Timothy Micah Dortch, Esq. Maryssa J. Simpson, Esq. POTTS LAW FIRM, LLP 2911 Turtle Creek Blvd, Suite 1000 Dallas, TX 75219 Telephone: (214) 396-9427 Facsimile: (469) 217-8296 E-mail: mdortch@potts-law.com msimpson@potts-law.com WINDHAM PROFESSIONALS: Barnes Files Suit Over Autodialed Calls -------------------------------------------------------------- TYRONE BARNES, individually and on behalf of all others similarly situated v. WINDHAM PROFESSIONALS, INC., Case No. 2:18-cv-01736- WBS-EFB (E.D. Cal., June 15, 2018), accuses the Defendant of contacting the Plaintiff and class members on their telephones using an autodialer or an artificial or prerecorded voice without their prior express written consent within the meaning of the Telephone Consumer Protection Act. Windham Professionals, Inc., is a Massachusetts corporation with its principal place of business in Salem, New Hampshire. Windham provides accounts receivable management and customer care services. The Company offers consolidated education, repayment, and financial literacy services for higher education organizations to manage the student loan process; business-to- business services, such as portfolio management, recovery, attorney/pre-litigation, back office process management, and account management; and business-to-consumer services in the areas of customer payment, accounts receivable, and customer experience.[BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com Asbestos Litigation ASBESTOS UPDATE: NRG Energy Objects to Claims of ComEd, Exelon -------------------------------------------------------------- NRG Energy, Inc. has filed an omnibus objection to all remaining asbestos-related claims of Commonwealth Edison and Exelon, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2018. NRG Energy states, "The Company, through its subsidiary, Midwest Generation, may be subject to potential asbestos liabilities as a result of its acquisition of EME. The Company is currently analyzing the scope of potential liability as it may relate to Midwest Generation. The Company believes that it has established an adequate reserve for these cases. On March 27, 2018, ComEd filed a Motion to Compel Payments of Claims seeking US$61 million related to asbestos liabilities. On April 25, 2018, NRG filed an Omnibus Objection to All Remaining Claims of ComEd and Exelon." A full-text copy of the Form 10-Q is available at https://is.gd/uVifx8 ASBESTOS UPDATE: AMETEK Still Defends Suits at March 31 ------------------------------------------------------- AMETEK, Inc. remains a defendant in a number of asbestos-related lawsuits, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2018. AMETEK states, "The Company (including its subsidiaries) has been named as a defendant in a number of asbestos-related lawsuits. Certain of these lawsuits relate to a business which was acquired by the Company and do not involve products which were manufactured or sold by the Company. In connection with these lawsuits, the seller of such business has agreed to indemnify the Company against these claims (the "Indemnified Claims"). "The Indemnified Claims have been tendered to, and are being defended by, such seller. The seller has met its obligations, in all respects, and the Company does not have any reason to believe such party would fail to fulfill its obligations in the future. "To date, no judgments have been rendered against the Company as a result of any asbestos-related lawsuit. The Company believes that it has good and valid defenses to each of these claims and intends to defend them vigorously." A full-text copy of the Form 10-Q is available at https://is.gd/pMKwaS ASBESTOS UPDATE: Con Edison Accrues $8MM Liability at March 31 -------------------------------------------------------------- Consolidated Edison, Inc. had accrued liability of US$8 million for asbestos suits at March 31, 2018, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2018. The Company also deferred US$8 million as regulatory assets related to asbestos suits at March 31, 2018. On the other hand, subsidiary Consolidated Edison Company of New York, Inc. (CECONY) had accrued liability of US$7 million for asbestos suits and deferred US$7 million as asbestos-related regulatory assets at March 31, 2018. The Company states, "Suits have been brought in New York State and federal courts against the Utilities and many other defendants, wherein a large number of plaintiffs sought large amounts of compensatory and punitive damages for deaths and injuries allegedly caused by exposure to asbestos at various premises of the Utilities. The suits that have been resolved, which are many, have been resolved without any payment by the Utilities, or for amounts that were not, in the aggregate, material to them. The amounts specified in all the remaining thousands of suits total billions of dollars; however, the Utilities believe that these amounts are greatly exaggerated, based on the disposition of previous claims. "At March 31, 2018, Con Edison and CECONY have accrued their estimated aggregate undiscounted potential liabilities for these suits and additional suits that may be brought over the next 15 years. These estimates were based upon a combination of modeling, historical data analysis and risk factor assessment. Courts have begun, and unless otherwise determined on appeal may continue, to apply different standards for determining liability in asbestos suits than the standard that applied historically. As a result, the Companies currently believe that there is a reasonable possibility of an exposure to loss in excess of the liability accrued for the suits. The Companies are unable to estimate the amount or range of such loss. "In addition, certain current and former employees have claimed or are claiming workers' compensation benefits based on alleged disability from exposure to asbestos. CECONY is permitted to defer as regulatory assets (for subsequent recovery through rates) costs incurred for its asbestos lawsuits and workers' compensation claims." A full-text copy of the Form 10-Q is available at https://is.gd/Uy2YGY ASBESTOS UPDATE: Colfax Had $53.6MM Accrued Liability at March 30 ----------------------------------------------------------------- Colfax Corporation had accrued asbestos liability of US$53,589,000 and long-term asbestos liability of US$303,134,000 as of March 30, 2018, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 30, 2018. The accrued liability represents current accruals for probable and reasonably estimable asbestos-related liability costs that the Company believes the subsidiaries will pay, and unpaid legal costs related to defending themselves against asbestos-related liability claims and legal action against the Company's insurers, which is included in Accrued liabilities in the Condensed Consolidated Balance Sheets. The Company states, "Management's analyses are based on currently known facts and assumptions. Projecting future events, such as new claims to be filed each year, the average cost of resolving each claim, coverage issues among layers of insurers, the method in which losses will be allocated to the various insurance policies, interpretation of the effect on coverage of various policy terms and limits and their interrelationships, the continuing solvency of various insurance companies, the amount of remaining insurance available, as well as the numerous uncertainties inherent in asbestos litigation could cause the actual liabilities and insurance recoveries to be higher or lower than those projected or recorded which could materially affect the Company's financial condition, results of operations or cash flow." A full-text copy of the Form 10-Q is available at https://is.gd/HSfqqo ASBESTOS UPDATE: Colfax Had 18,067 Unresolved Claims at March 30 ---------------------------------------------------------------- Colfax Corporation had 18,067 unresolved claims related to asbestos matters as of March 30, 2018, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 30, 2018. The Company also disclosed that in the three months ended March 30, 2018, there were 1,069 filed and 739 claims resolved. The Company states, "Claims filed include all asbestos claims for which notification has been received or a file has been opened. "Claims resolved include all asbestos claims that have been settled, dismissed or that are in the process of being settled or dismissed based upon agreements or understandings in place with counsel for the claimants." A full-text copy of the Form 10-Q is available at https://is.gd/HSfqqo ASBESTOS UPDATE: MRC Global Faces 533 Suits at March 31 ------------------------------------------------------- MRC Global Inc. is named a defendant in approximately 533 asbestos-related lawsuits involving approximately 1,143 claims as of March 31, 2018, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2018. The Company states, "We are one of many defendants in lawsuits that plaintiffs have brought seeking damages for personal injuries that exposure to asbestos allegedly caused. Plaintiffs and their family members have brought these lawsuits against a large volume of defendant entities as a result of the defendants' manufacture, distribution, supply or other involvement with asbestos, asbestos containing-products or equipment or activities that allegedly caused plaintiffs to be exposed to asbestos. These plaintiffs typically assert exposure to asbestos as a consequence of third-party manufactured products that our MRC Global (US) Inc. subsidiary purportedly distributed. "As of March 31, 2018, we are named a defendant in approximately 533 lawsuits involving approximately 1,143 claims. No asbestos lawsuit has resulted in a judgment against us to date, with a majority being settled, dismissed or otherwise resolved. Applicable third-party insurance has substantially covered these claims, and insurance should continue to cover a substantial majority of existing and anticipated future claims. Accordingly, we have recorded a liability for our estimate of the most likely settlement of asserted claims and a related receivable from insurers for our estimated recovery, to the extent we believe that the amounts of recovery are probable. It is not possible to predict the outcome of these claims and proceedings. However, in our opinion, the likelihood that the ultimate disposition of any of these claims and legal proceedings will have a material adverse effect on our consolidated financial statements is remote." A full-text copy of the Form 10-Q is available at https://is.gd/PGOUPs ASBESTOS UPDATE: WestRock Co. Had 675 PI Suits at March 31 ---------------------------------------------------------- WestRock Company is facing approximately 675 asbestos-related lawsuits personal injury lawsuits as of March 31, 2018, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2018. The Company states, "We have been named a defendant in asbestos- related personal injury litigation. To date, the costs resulting from the litigation, including settlement costs, have not been significant. As of March 31, 2018, there were approximately 675 lawsuits. We believe that we have substantial insurance coverage, subject to applicable deductibles and policy limits, with respect to asbestos claims. "We have valid defenses to these asbestos-related personal injury claims and intend to continue to defend them vigorously. Should the volume of litigation grow substantially, it is possible that we could incur significant costs resolving these cases. We do not expect the resolution of pending litigation and proceedings to have a material adverse effect on our consolidated financial condition or liquidity. In any given period or periods, however, it is possible such proceedings or matters could have a material adverse effect on our results of operations, financial condition or cash flows." 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