/raid1/www/Hosts/bankrupt/CAR_Public/200903.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, September 3, 2020, Vol. 22, No. 177
Headlines
ABBVIE INC: Faces Wilder Suit Over Exclusion of Generic Bystolic
ABSOLUTE CONSULTING: Joyce Suit Moved From Maryland to S.D. Texas
ADT INC: Misclassifies Security Advisors, Decaro et al Claim
AIRBUS SE: Faces Kornecki Suit Over Decline of Share Price
AMD FREEDOM: Ferrer Sues Over Unpaid OT Pay for Medical Assts.
AMERICAN PUBLIC: Website Not Accessible to Blind, Young Says
AMYRIS INC: Flatischler Sues over Proxy Statement Filing
APPLE INC: Shay Suit Removed From Super. Court to S.D. California
ASTRAZENECA PHARMACEUTICALS: LEHB Antitrust Suit Moved to D. Del.
AVERE BROOKLYN: Faces Quintuna Wage-and-Hour Suit in E.D.N.Y.
BANK OF NOVA SCOTIA: Manipulates Metals Futures, Sterk Alleges
BBVA USA: St. Lucie Fire Firefighters Pension Trust Suit Ongoing
BELLEVUE UNIVERSITY: Website Not Accessible to Blind, Young Says
CARDONA LANDSCAPES: Franco Sues Over Failure to Pay Overtime
CARROL BOYES: Faces Jaquez Suit Over Blind-Inaccessible Web Site
CHHS HOSPITAL: Rejects Applicants With Criminal History, Pugh Says
CHICAGO, IL: Kelly-Lomax Sues Over Unreturned Personal Property
CHINA XD PLASTIC: Aerts Suit Challenges Proposed Sale to Jie Han
CIGNA CORP: Headlam-Clarkson Sues Over Denial of Insurance Claims
CINCINNATI INSURANCE: Posh Sues Over Denial of COVID-19 Coverage
CINCINNATI INSURANCE: Reeds Sues Over Refusal to Pay COVID Claims
CINCINNATI INSURANCE: Tomato Files Suit in W.D. Pennsylvania
COCA-COLA COMPANY: Dawson Sues in New York Alleging ADA Violation
COMPRESSOR ENG'G: 6th Cir. Appeal from E.D. Mich. Order Underway
CONTINENTAL 406: Hollis Sues Over Unsolicited Text Message Ads
CONTINENTAL 425: Hollis Sues Over Unsolicited Marketing Texts
CVS HEALTH: Eighth Circuit Appeal Filed in Illis ERISA Class Suit
DANBURY, CT: Whitted Seeks to Certify Settlement Class
DEERINGS NURSING: Uzoma Sues Over Improper Overtime Calculation
DELTA AIR: Cappillo Appeals S.D. Fla. Decision to 11th Circuit
DISNEY DESTINATIONS: Faces Heindl Suit Alleging Violation of EFTA
DRURY UNIVERSITY: Website Not Accessible to Blind, Young Says
DYNASTY WIRELINE: Esparza Seeks Unpaid OT for Completion Managers
EIGHT O'CLOCK COFFEE: Dawson Files ADA Suit in S.D. New York
FAIRFIELD HY: Kent Sues Over Unsolicited Automated Phone Calls
FIRST CHOICE: Fabricant Sues Over Unsolicited Phone Calls
FREIGHTCO ACQUISITIONS: Olson Sues Over Failure to Pay OT Wages
GLOBALSCAPE INC: Hawley Sues D&Os Over Unfair Tender Offer
GOTHAM CITY CAPITAL: Benitez Sues Over Unsolicited Phone Call Ads
GT PIZZA: McGrothers Seeks Minimum Wage for Delivery Drivers
HARMAN-MANAGEMENT: Wins Final OK of $4-Mil. Settlement in Larson
HARTFORD FINANCIAL: Baked Daily Seeks Payment for COVID-19 Losses
HENRY SCHEIN: Hollywood Police Officers Ret. System Suit Pending
HENRY SCHEIN: Suit by Marion Diagnostic Center Underway
HERITAGE COMPANY: Yasevich, et al. Seek to Certify Employees Class
HOSTESS BRANDS: Carrot Cake Donuts' Label "Deceptive," James Claims
INFINITY HEALTHCARE: Lange Sues Over Unpaid OT, ERISA Breach
INSPERITY INC: Continues to Defend 401(k) Plan Class Action
INSPERITY INC: Defends Building Trades Pension Fund Suit
INTERNET HOBBY: Calcano Sues in S.D. New York Over ADA Violation
J.P. MORGAN: Budo Alleges Manipulation of Treasury Futures Prices
JABA PRO STONE: Sosa Sues to Recover Overtime Wages Under FLSA
JEFFERSON COUNTY, NY: Nourse Loses Bid to Certify Inmates Class
JOHNSON & WALES: Web Site Not Accessible to Blind, Hedges Claims
JOSEPH ROMA: Fails to Pay Laborers' Overtime Wages, Tosta Claims
K & M INTERNATIONAL: Hecht Files ADA Class Suit in S.D. New York
K&N ENG'G: Penrod, et al. Appeal Decision in Class Action Suit
KARCHER NORTH AMERICA: Dawson Files ADA Suit in S.D. New York
KIRKLAND'S STORES: Web Site Inaccessible to Blind, Calcano Claims
KOHL'S DEP'T STORES: Sanchez Suit Moved to District of New Jersey
LABORATORY CORP: Consolidated Bouffard and Anderson Suit Ongoing
LABORATORY CORP: Continues to Defend Davis Class Suit in Florida
LABORATORY CORP: Sequenom Inc. Shareholders' Suit Still Stayed
LABORATORY CORP: Tentative Settlement Reached in Wage & Hour Suit
LANDYRY'S CRAB: O'Rourke Balks at Policy Denying GSAs Proper Pay
LENDINGCLUB CORP: Veal Appeals Securities Suit Ruling to 9th Cir.
LENTRADE INC: Dawson Sues in S.D. New York Alleging ADA Violation
LEXINGTON LAW: RGS & CBE Appeal to Fifth Circuit Underway
LIBERTY MUTUAL: JAJ Group Seeks Coverage for COVID-19 Losses
LIFE TIME FITNESS: Fails to Pay Proper Wages, Schaeffer Alleges
LIMESTONE UNIVERSITY: Blind Buyers Can't Use Website, Hedges Claims
LIPPERT COMPONENTS: Sheets Liability Suit Removed to E.D. Calif.
LONG POINT: Kohlberg et al. Allege Securities Fraud
LOWES COMPANIES: Bowens PMWA Suit Removed to E.D. Pennsylvania
M&T BANK: Jaroslawicz's Risk Disclosure Claims Dismissal Vacated
MADISON MARKET: Naula Sues Over Unpaid Minimum and OT Wages
MARK HOTEL: Fails to Pay Proper Wages, Boci Alleges
MARYVILLE UNIVERSITY: Hedges Seeks Equal Website Access for Blind
MDL 2946: 9 "Inclusive Access" Antitrust Suits Moved to New York
MERCHATZ & CO: Medrano Sues Over Unpaid Wages, OT for Car Washers
MERCY HEALTH: Marvin Alleges Mishandling of Retirement Plan
MID-SOUTH MAINTENANCE: Faces Marlow Suit Over Unpaid Overtime Pay
MIDLAND CREDIT: Rottenberg Files FDCPA Suit in E.D. New York
MILLER PIPELINE: O'Neil Seeks Proper OT Pay for Field Employees
MOBILEONE LLC: Collective Status Sought in Store Manager Case
MOUNTAIRE CORP: Court Refuses to Dismiss Cuppels Negligence Suit
MYSTIC STAMP: Calcano Sues in S.D. New York Over Violation of ADA
NATURAL DELI: Navarrete Sues Over Unpaid Minimum & Overtime Wages
NAVY FEDERAL: Morrow Sues Over Unlawful Assessment of ISA Fees
NCAA: Disregards Student-Athletes' Health & Safety, Holmes Alleges
NCAA: Disregards Wofford Student-Athletes' Health, Kilgore Says
NCAA: Hid Football Risks to YSU Student-Athletes, Hawkins Says
NCAA: Ignores Football-Related Concussion Risks, Macaulay Claims
NCAA: Walden Sues Over Disregard for Health & Safety of Athletes
NETFLIX INC: Owes Video Service Provider Fees, Maple Heights Says
NEXXT INC: Has Made Unsolicited Calls, Abitbol et al. Claim
NINETY FIVE: Marmolejo Balks at Unlawful Labor Practices
NUTRA MANUFACTURING: Amavizca Sues over Mislabled Food Supplement
NUWAVE LLC: Dawson Sues in S.D. New York Alleging ADA Violation
OLD DOMINION: Fails to Pay Overtime Wages Under FLSA, Rizk Claims
ONEIDA COUNTY, NY: Williamson Appeals Decision in Prisoner Suit
ONEIDA COUNTY: Court Grants Class Certification in Williamson Suit
OPTIO SOLUTIONS: Anfibio Files FDCPA Class Suit in D. New Jersey
OXYGEN HOOKAH: Fails to Pay Overtime Wages Under FLSA, Gomez Says
OZARK PIZZA: Fails to Pay Minimum Wage to Drivers, St. John Says
P&K USA TRADING: Dawson Sues in S.D. New York Over ADA Violation
P.B.R. MANAGEMENT: Faces Marrero Suit Over Telemarketing Robocalls
PAPA JOHN'S: Fails to Properly Reimburse, Cook Claims
PETCO ANIMAL: Fails to Timely Pay Wages, Caul Claims
PHILADELPHIA INDEMNITY: NBS Fitness Seeks Pay for COVID-19 Losses
PLATINUM PLUS: Perrong Sues Over Unsolicited Telemarketing Calls
PRINCESS POLLY: Tenzer-Fuchs Files ADA Suit in E.D. New York
PRODUCERS SERVICE: Oilfield Workers Suit Get Class Status
QUALITY ASSURANCE: Faces Jensen Wage-and-Hour Suit in C.D. Cal.
REAL SOLUTIONS: Goldsmith Seeks OT Pay for Office Coordinators
RECREATIONAL EQUIPMENT: Merola Says Hand Sanitizer Ads "Deceptive"
REDKORR LLC: Faces Nieman TCPA Suit in Calif. Over Unwanted Texts
SAFE PUBLICATIONS: Faces Calcano ADA Class Suit in S.D. New York
SCHNEIDER NATIONAL: Ellsworth Suit Removed to C.D. California
SEAGATE US: Ward Sues Over Inaccurate Wage Statements
SENTINEL INSURANCE: Studios Seek Pay for Losses Due to COVID-19
SILVER MOON DELI: Flores Sues in New York Alleging FLSA Violation
SONIC SANTA: Sener Sues Over Denial of Meal and Rest Periods
SPOKANE, WA: Appeals Court Allows Dismissal of Williams Suit
SPRING HOMECARE: Fails to Pay OT Wages Under FLSA, Karimova Says
STOKEHOUSE UNLIMITED: Hecht Files ADA Class Suit in S.D. New York
SUPERCELL OY: Peter Mai Sues Over Illegal, Addictive Video Games
TACO CHULO: Fails to Pay Minimum Wage, Arreola et al. Claim
TAKEDA PHARMACEUTICAL: 2nd Cir Appeal from Actos Decision Underway
TEXAS: Hotze Suit Challenges Unlawful Adoption of Contact Tracing
TOMY INTERNATIONAL: Faces Hecht ADA Class Suit in S.D. New York
TRISTAR PRODUCTS: Dawson Sues in S.D. New York Over ADA Violation
TROY CONSTRUCTION: Sanchez Seeks Overtime Pay for Laborers
TTI FLOOR: Dawson Sues in S.D. New York Alleging Violation of ADA
TUFIN SOFTWARE: Michaelson Sues Over Misleading IPO & SPO Docs
U-HAUL BUSINESS: Hearne et al. Sue Over Unpaid Off-the-Clock Work
UNITED NATURAL: North Country Seeks to Certify Settlement Class
USA WATER: Carlson Seeks to Certify Class & Subclasses
VIVINT SOLAR: Being Sold to Sunrun for Too Little, Toledo Says
WARDEN REHERMAN: Bid for Class Status in Hague Suit Denied
WISCONSIN HOSPITALITY: Fails to Pay Minimum Wage, Beyer Claims
ZURICH AMERICAN: Benedictine College Seeks Pay for COVID-19 Losses
*********
ABBVIE INC: Faces Wilder Suit Over Exclusion of Generic Bystolic
----------------------------------------------------------------
John Wilder, on his own behalf and all others similarly situated v.
ABBVIE INC., ALLERGAN, INC., ALLERGAN SALES, LLC, ALLERGAN USA,
INC., FOREST LABORATORIES, INC., FOREST LABORATORIES HOLDINGS,
LTD., FOREST LABORATORIES IRELAND, LTD., and FOREST LABORATORIES,
LLC, Case No. 1:20-cv-06769 (S.D.N.Y., Aug. 21, 2020), is brought
to seek treble damages and declaratory and injunctive relief under
state antitrust, consumer protection and unjust enrichment law, and
federal antitrust law, as a result of Defendants' unlawful
exclusion of generic substitutes for the branded drug Bystolic.
Defendant Forest and its successors-in-interest manufacture, market
and sell the branded version of Bystolic, which is a "blockbuster"
prescription drug with annual U.S. sales exceeding $1 billion.
Potential new generic market entrants filed Abbreviated New Drug
Applications ("ANDA") with the United States Food and Drug
Administration (the "FDA") to manufacture, market and sell generic
versions of Bystolic on December 17, 2011. Despite these ANDAs, no
generic competitor has or will enter the market until September 17,
2021.
Notably, generic drugs typically cost 50% less than the branded
product and capture 80% or more market share of the branded product
within the first six to nine months upon entry. This rapid erosion
is the result of generic substitution laws which generally require
pharmacists to dispense the AB-rated generic product when
available. The loss of market share causes the branded company of a
"blockbuster" drug to lose millions of dollars in sales each day.
To avoid or delay these market realities, Defendant Forest entered
into a series of unlawful reverse-payment agreements with potential
generic competitors, including Hetero, Amerigen, Watson, Torrent,
Alkem, Indchemie, Glenmark, and (collectively, the "Generic
Competitors"), according to the complaint. From October 2012
through November 2013, Forest entered agreements with the generics
to: (i) not compete with Forest or enter the market prior to
September 17, 2021, unless another generic competitor entered the
market earlier; and in exchange (ii) upon information and belief,
provide consideration to the generics, through "side-deals," and
cash payments. As corporate successors-in-interest to one or more
of the Defendants, Allergan and then AbbVie conduct have
perpetuated this illegal in the market for nebivolol HCl, all at
the expense of consumers and health insurers.
Between March 2012 and November 2013, while the stays were in
effect, the Generic Competitors fought the patent infringement
suits and prepared to bring their generic Bystolic to market to
compete with Forest's branded Bystolic. The '040 Patent litigation
would likely have concluded by mid-2015, including any appeals, in
favor of the generic because the '040 Patent was weak. The Generic
Competitors would have won and launched by the later of: (i) June
2015, which was the expiry of the only other patent that Forest
contended covered Bystolic, U.S. Patent No. 5,759,580 (the "'580
Patent"), or (i) the date their ANDAs were finally approved.
Rather than risk facing competition from the Generic Competitors as
early as June 2015 and the subsequent reduction in Bystolic brand
sales and revenues, Forest entered into a prototypical
"reverse-payment agreement" with the generics by sharing monopoly
profits with them to induce them to stay out of the market until
September 21, 2021. The result: the pharmaceutical companies won
and health insurers and consumers, the intended victims of the
anticompetitive scheme, were the biggest financial losers.
As a direct and proximate result of the Defendants' conduct, the
Plaintiff and other class members have been injured in their
business and property because they would have been able to purchase
less expensive generic Bystolic instead of branded Bystolic at
artificially inflated prices, says the complaint.
The Plaintiff purchased or paid for some or all of the purchase
price of Bystolic for his personal use.
AbbVie, Inc., is a corporation organized and existing under the
laws of Delaware.[BN]
The Plaintiff is represented by:
Stanley D. Bernstein, Esq.
Stephanie M. Beige, Esq.
Lisa Sriken, Esq.
BERNSTEIN LIEBHARD LLP
10 East 40th Street
New York, NY 10016
Phone: (212) 779-1414
Fax: (212) 779-3218
Email: bernstein@bernlieb.com
beige@bernlieb.com
lsriken@bernlieb.com
ABSOLUTE CONSULTING: Joyce Suit Moved From Maryland to S.D. Texas
-----------------------------------------------------------------
The class action lawsuit captioned as MICHAEL JOYCE, Individually
and For Others Similarly Situated v. ABSOLUTE CONSULTING, INC., and
GSE SYSTEMS, INC., Case No. 1:19-cv-00868 (Filed March 22, 2019),
was transferred from the U.S. District Court for the District of
Maryland to the U.S. District Court for the Southern District of
Texas (Galveston) on Aug. 19, 2020.
The Southern District of Texas Court Clerk assigned Case No.
3:20-cv-00269 to the proceeding. The case is assigned to the Hon.
Judge Jeffrey V. Brown.
The Plaintiff contends that the Defendants failed to pay him, and
other workers like him, overtime wages as required by the Fair
Labor Standards Act. Instead, the Defendants paid them the same
hourly rate for all hours worked, including those in excess of 40
in a workweek. He seeks to recover unpaid overtime and other
damages.
Mr. Joyce was an hourly employee of GSE.
GSE bills itself as "a total solutions provider for the energy
industry," including nuclear power plants, refinery plants, and
fossil power plants. GSE Systems Inc. acquired Absolute Consulting,
Inc.[BN]
The Plaintiff is represented by:
Andrew Wells Dunlap, Esq.
William Richard Liles, Esq.
Taylor Ashley Jones, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Ste. 3050
Houston, TX 77046
Telephone: (713) 352-1100
E-mail: adunlap@mybackwages.com
wliles@mybackwages.com
tjones@mybackwages.com
Defendant Absolute Consulting is represented by:
Suzzanne W. Decker, Esq.
Lindsay Sfekas, Esq.
Stephanie Kaye Baron, Esq.
MILES & STOCKBRIDGE P.C.
10 Light Street, 11th Floor
Baltimore, MD 21202
Telephone: (410) 727-6464
E-mail: sdecker@milesstockbridge.com
ADT INC: Misclassifies Security Advisors, Decaro et al Claim
------------------------------------------------------------
MICHAEL A. DECARO IV, KEVIN MILLS, HEZEKIAH WATSON, on behalf of
themselves and all others similarly situated, Plaintiffs v. ADT,
INC. and DEFENDERS, INC., Defendants, Case No. 8:20-cv-01815 (M.D.
Fla., August 5, 2020) brings this complaint against Defendants for
their alleged willful violations of the Fair Labor Standards Act by
misclassifying Plaintiffs as outside sales persons exempt from the
overtime compensation.
Plaintiffs were employed by Defendants as "Field Sales Security
Advisors" or "Security Advisors" whose primary duties are to
install homeowner security systems and service such as systems once
installed.
According to the complaint, Plaintiffs and other similarly situated
employees were required by Defendants to work in excess of 40 hours
in a workweek. However, Defendants refused to pay them overtime
premiums at a rate of one and one-half times their regular rates of
pay for all their overtime hours worked.
ADT, Inc. and Defenders, Inc. offer homeowner security systems
installation. [BN]
The Plaintiffs are represented by:
Cynthia N. Sass, Esq.
Yvette D. Everhart, Esq.
Amanda L. Biondolino, Esq.
SASS LAW FIRM
601 West Dr. Martin Luther King, Jr. Blvd.
Tampa, FL 33603
Tel: (813) 251-5599
Fax: (813) 259-9797
Emails: csass@sasslawfirm.com
yeverhart@sasslawfirm.com
abiondolino@sasslawfirm.com
AIRBUS SE: Faces Kornecki Suit Over Decline of Share Price
----------------------------------------------------------
ANDREW J. KORNECKI, Individually and On Behalf of All Others
Similarly Situated, Plaintiff, v. AIRBUS SE, GUILLAUME M.J.D.
FAURY, TOM ENDERS, DOMINIK ASAM, and HARALD WILHELM, Defendants,
Case No. 1:20-cv-10084 (D.N.J., August 6, 2020) is a federal
securities class action on behalf of a class consisting of all
persons and entities other than Defendants who purchased or
otherwise acquired Airbus securities in the U.S. between February
24, 2016, and July 30, 2020, both dates inclusive, seeking to
recover damages caused by Defendants' violations of the federal
securities laws and to pursue remedies under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 and Rule 10b-5
promulgated thereunder, against the Company and certain of its top
officials.
On July 30, 2020, the Wall Street Journal reported that the Serious
Fraud Office ("SFO") had charged Airbus's subsidiaries, GPT Special
Project Management Ltd., and three individuals with corruption in
connection with a defense contract the U.K. had arranged with Saudi
Arabia. These charges were the culmination of the investigations
initiated by the SFO back in August 2012.
On this news, Airbus American Depository Receipts ("ADRs") fell
$0.67 per share, or 3.56%, to close at $18.13 per share on July 31,
2020, and Airbus foreign ordinaries fell $2.85 per share, or 3.8%,
to close at $72.10 per share on July 31, 2020.
By virtue of their positions at Airbus, Defendants had actual
knowledge of the materially false and misleading statements and
material omissions alleged and intended thereby to deceive
Plaintiff and the other members of the Class, or, in the
alternative, Defendants acted with reckless disregard for the truth
in that they failed or refused to ascertain and disclose such facts
as would reveal the materially false and misleading nature of the
statements made, although such facts were readily available to
Defendants.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages.
Plaintiff acquired Airbus securities in the U.S. at artificially
inflated prices during the Class Period and was damaged upon the
revelation of the alleged corrective disclosures.
Airbus SE is a multinational aerospace corporation with with
principal executive offices in the Netherlands.[BN]
The Plaintiff is represented by:
Gustavo F. Bruckner, Esq.
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: (917) 463-1044
E-mail: gfbruckner@pomlaw.com
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
AMD FREEDOM: Ferrer Sues Over Unpaid OT Pay for Medical Assts.
--------------------------------------------------------------
YAMILEIDIS FERRER, individually and on behalf of all others
similarly situated v. AMD FREEDOM ENTERPRISES, INC. DBA CLINICA
HISPANA CLEVELAND, CLINICA HISPANA NEW CANEY, CLINICA HISPANA
PORTER, CLINICA HISPANA CYPRESS, CLINICA HISPANA AMERICAN CONROE,
CLINICA HISPANA LUFKIN, CLINICA HISPANA MCCARTY, CLINICA HISPANA
LUBBOCK, CLINICA HISPANA AMARILLO, CLINICA HISPANA AMERICAS LUFKIN,
and CLINICA HISPANA NACOGDOCHES, Case No. 4:20-cv-02931 (S.D. Tex.,
Aug. 20, 2020), alleges that the Defendant violated the Fair Labor
Standards Act by failing to compensate the Plaintiff and other
medical assistants overtime pay for all hours worked in excess of
40 hours in a workweek and to keep and maintain accurate records of
their total worked hours.
Ms. Ferrer was employed by the Defendant as a medical assistant at
its clinics in Cypress, Texas, and Amarillo, Texas, from November
2019 to June 2020.
AMD Freedom Enterprises, Inc., d/b/a Clinica Hispana Cleveland,
Clinica Hispana New Caney, Clinica Hispana Porter, Clinica Hispana
Cypress, Clinica Hispana American Conroe, Clinica Hispana Lufkin,
Clinica Hispana McCarty, Clinica Hispana Lubbock, Clinica Hispana
Amarillo, Clinica Hispana Americas Lufkin, and Clinica Hispana
Nacogdoches, is an operator of several clinics that focus on
serving the Hispanic community across the state of Texas. [BN]
The Plaintiff is represented by:
Genevieve B. Estrada, Esq.
ALONSO & DE LEEF, PLLC
1201 Telephone Rd., Suite A
Houston, TX 77023
Telephone: (832) 831-8283
Facsimile: (832) 831-8247
AMERICAN PUBLIC: Website Not Accessible to Blind, Young Says
------------------------------------------------------------
LAWRENCE YOUNG, individually and on behalf of all other similarly
situated, Plaintiff v. AMERICAN PUBLIC UNIVERSITY SYSTEM, INC.,
Defendant, Case No. 1:20-cv-05722 (S.D.N.Y., July 23, 2020) alleges
violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's website
-- https://www.apus.edu/ -- is not fully or equally accessible to
blind and visually-impaired consumers in violation of the Americans
with Disabilities Act. The Plaintiff seeks a permanent injunction
to cause a change in the Defendant's corporate policies, practices,
and procedures so that the Defendant's website will become and
remain accessible to blind and visually-impaired consumers.
American Public University System Inc. operates as a educational
institution. The Company offers educational activities, learning
outcomes, and support services. [BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
danalgottlieb@aol.com
AMYRIS INC: Flatischler Sues over Proxy Statement Filing
--------------------------------------------------------
ALEXANDER FLATISCHLER, individually and on behalf of all others
similarly situated, Plaintiff v. JOHN MELO; JOHN DOERR; GEOFFREY
DUYK; PHILIP EYKERMAN; CHRISTOPH GOPPELSROEDER; FRANK KUNG; JAMES
MCCANN; STEVEN MILLS; CAROLE PIWNICA; LISA QI; PATRICK YANG; and
AMYRIS, INC., Defendants, Case No. 2020-0617 (Del. Ch., July 24,
2020) is a stockholder class action arising from breaches of
fiduciary duty by the members of the Amyris Board of Directors.
According to the complaint, on June 2020, the Board caused Amyris
to enter into transactions requiring certain issuances of shares of
Amyris common stock. The Board is presently soliciting stockholder
approval of these issuances without disclosing all material
information.
On June 1, 2020, Amyris, certain of its subsidiaries, and Foris
Ventures, LLC, the Company's largest stockholder and an entity
indirectly owned by Defendant Doerr, agreed to Amendment No. 1 to
the Amended and Restated Loan and Security Agreement, dated October
28, 2019. Pursuant to this amendment, Foris will have an option to
convert all or portion of its outstanding secured indebtedness into
shares of Amyris Common Stock at a conversion price of $3.00 per
share.
On June 1 and June 4, 2020, the Company entered into private
placement agreements contemplating the issuance of an aggregate of
32,614,573 shares of Common Stock at a price of $3.00 per share and
102,156.21 shares of Series E Convertible Preferred Stock at a
price of $1,000 per share, which would be convertible into
34,052,070 shares of Common Stock, resulting in an aggregate
purchase price of $200 million. The Offering was consummated on
June 5, 2020.
On July 6, 2020, the Defendants filed with the SEC a Schedule 14A
Proxy Statement, through which they are currently soliciting
stockholder approval of the Common Stock issuances necessary to
complete the Loan Agreement Amendment and Offering. Because they
are soliciting votes from their stockholders, the Director
Defendants have a fiduciary obligation to disclose all material
information to the Company's stockholders. Nonetheless, the Proxy
omits several categories of plainly material information.
Amyris, Inc. produces and distributes chemical products. The
Company serves the specialty and performance chemicals, flavors and
fragrances, cosmetics ingredients, pharmaceuticals, and
nutraceuticals markets. Amyris serves customers worldwide. [BN]
The Plaintiff is represented by:
Ned Weinberger, Esq.
LABATON SUCHAROW LLP
300 Delaware Avenue, Suite 1340
Wilmington, DE 19801
Telephone: (302) 573-2540
- and -
David Schwartz, Esq.
John Vielandi, Esq.
David MacIsaac, Esq.
LABATON SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
- and -
William J. Fields, Esq.
Christopher J. Kupka, Esq.
Samir Shukurov, Esq.
FIELDS KUPKA & SHUKUROV LLP
1370 Broadway, 5th Floor – #5100
New York, NY 10018
Telephone: (212) 231-1500
APPLE INC: Shay Suit Removed From Super. Court to S.D. California
-----------------------------------------------------------------
The case captioned Rachael Shay, individually and on behalf of all
others similarly situated v. Apple, Inc., Apple Value Services,
LLC, Case No. 37-02020-00017475-CU-MC-CTL, was removed 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 on Aug. 21, 2020.
The District Court Clerk assigned Case No. 3:20-cv-01629-GPC-BLM to
the proceeding.
The nature of suit is stated as Other Fraud.
Apple Inc. is an American multinational technology company
headquartered in Cupertino, California, that designs, develops, and
sells consumer electronics, computer software, and online
services.[BN]
The Plaintiff is represented by:
Samantha Alane Smith, Esq.
AEGIS LAW FIRM, P.C.
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618
Phone: (949) 379-6250
Fax: (949) 379-6251
Email: ssmith@aegislawfirm.com
The Defendants are represented by:
Kate Spelman, Esq.
JENNER & BLOCK LLP
633 West 5th Street, Suite 3600
Los Angeles, CA 90071
Phone: (213) 239-2246
Email: kspelman@jenner.com
ASTRAZENECA PHARMACEUTICALS: LEHB Antitrust Suit Moved to D. Del.
-----------------------------------------------------------------
The class action lawsuit captioned as LAW ENFORCEMENT HEALTH
BENEFITS INC., on behalf of itself and all those similarly situated
v. ASTRAZENECA PHARMACEUTICALS L.P.; ASTRAZENECA L.P.; ASTRAZENECA
UK LIMITED; HANDA PHARMACEUTICALS, LLC; PAR PHARMACEUTICAL, INC.,
and ACCORD PHARMACEUTICALS, INC., Case No. 1:19-cv-08296 (Filed
Sept. 5, 2019), was transferred from the U.S. District Court for
the Southern District of New York to the U.S. District Court for
the District of Delaware (Wilmington) on Aug. 19, 2020.
The District of Delaware Court Clerk assigned Case No.
1:20-cv-01090-UNA to the proceeding.
The complaint alleges that the Defendants violated the antitrust
laws concerning the pharmaceutical drug Seroquel XR (TM)
(quetiapine fumarate extended-release tablets) (Seroquel XR). This
civil antitrust action seeks treble damages arising out of the
Defendants' anticompetitive conduct that delayed generic
competition in the United States and its territories for Seroquel
XR, a prescription drug product approved by U.S. Food and Drug
Administration in the United States.
Seroquel XR is used for (1) add-on treatment to an antidepressant
for patients with major depressive disorder who did not have an
adequate response to antidepressant therapy; (2) acute depressive
episodes in bipolar disorder; (3) acute manic or mixed episodes in
bipolar disorder alone or with lithium or divalproex; (4) long-term
treatment of bipolar disorder with lithium or divalproex; and (5)
schizophrenia.
The Plaintiff seeks overcharge damages arising from AstraZeneca's
unlawful agreements with Handa and Accord Pharmaceuticals, Inc. not
to compete in the market for Seroquel XR and corresponding generic
versions thereof in the United States. Handa subsequently assigned
this unlawful agreement to Par, which performed the agreement, sold
generic Seroquel XR at supracompetitive prices, and shared the
illicit gains with Handa.
Law Enforcement Health Benefits, Inc., operates as a non-profit
organization. The Organization offers dental treatment, diabetes
supplies, and disease management.
AstraZeneca manufactures, fabricates, and processes drugs in
pharmaceutical preparations.[BN]
The Plaintiff is represented by:
Robert G. Eisler, Esq.
Deborah A. Elman, Esq.
Chad B. Eloltzman, Esq.
Julia McGrath, Esq.
GRANT & EISENHOFER P.A.
485 Lexington Avenue, 29th Floor
New York, NY
Telephone: (646) 722-8500
Facsimile: (646) 722-8501
E-mail: reisler@gelaw.com
delman@gelaw.com
choltzman@gelaw.com
jmcgrath@gelaw.com
AVERE BROOKLYN: Faces Quintuna Wage-and-Hour Suit in E.D.N.Y.
-------------------------------------------------------------
The case JOSE QUINTUNA, individually and on behalf of all others
similarly situated, Plaintiffs -against- AVERE BROOKLYN INC., and
MIKE VEJUKA, as an individual, Defendants, Case No. 2:20-cv-03234
(E.D.N.Y., July 20, 2020) seeks to recover damages for egregious
violations of state and federal wage and hour laws arising out of
Plaintiff's employment at Avere Brooklyn Inc.
Plaintiff was employed from in or around March 2016 until in or
around March 2020 by Defendants whose primary duties include as a
cook, food preparer, and kitchen worker, while performing other
miscellaneous duties.
According to the complaint, Defendants willfully failed to post
notices of the minimum wage and overtime wage requirements in a
conspicuous place at the location of their employment as required
by both the New York Labor Law and the Fair Labor Standards Act.
Defendants also willfully failed to keep payroll records as
required by both NYLL and the FLSA.
Avere Brooklyn Inc. is a New York-based Italian restaurant.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
Helen F. Dalton & Associates, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
BANK OF NOVA SCOTIA: Manipulates Metals Futures, Sterk Alleges
--------------------------------------------------------------
Casey Sterk and Kevin Maher, individually and on behalf of all
others similarly situated v. THE BANK OF NOVA SCOTIA, COREY FLAUM,
Case No. 3:20-cv-11059 (D.N.J., Aug. 21, 2020), is brought under
the Commodity Exchange Act against the Defendants for their
unlawful and intentional manipulation of precious metals futures
contracts.
On August 13, 2020, Defendant Bank of Nova Scotia entered into a
Deferred Prosecution Agreement with the United States Department of
Justice in connection with the manipulation, according to the
complaint. There, Defendant Bank agreed to pay $60,451,102,
including $42,000,000 in criminal fines. The Defendant Bank agreed
that the facts established "beyond a reasonable doubt" that
Defendants "knowingly and intentionally attempted to manipulate the
price of certain commodities for future delivery, namely gold,
silver, platinum, and palladium futures contracts. On July 25,
2019, Defendant Corey Flaum pled guilty to one count of attempted
commodities price manipulation. He "knowingly and intentionally
manipulated and attempted to manipulate the price of certain
commodities for future delivery, namely precious metals futures
contracts."
According to the complaint, the Defendants engaged in a long
running illicit scheme to "spoof" the market for futures
contracts--contracts to enter into a future transaction at a
predetermined price. The Defendants placed legitimate buy and sell
orders, and would then place manipulative orders to artificially
drive the price in a favorable direction for the Defendants. After
the legitimate order was executed, the Defendants would cancel the
manipulative orders before the manipulative orders could be
executed.
Accordingly, the spoof orders were designed to, and did,
artificially move the prices of NYMEX and COMEX precious metals
futures and options contracts during the Class Period in a
direction that was favorable to Defendants, but unfavorable to the
Plaintiffs. The Defendants' deliberate acts distorted price signals
and manipulated the prices of NYMEX and COMEX precious metals
futures and options contracts during the class period. The
Defendants' actions were intended to, and did, induce other market
participants, such as the the Plaintiffs, to trade against
Defendants' genuine orders. But for the Defendants' misleading
inducements, the Plaintiffs and other market participants would not
have traded, says the complaint.
The Plaintiffs transacted in silver, gold, and platinum futures
contracts at artificial prices proximately caused by the
Defendants' manipulative conduct.
Bank of Nova Scotia is a corporation headquartered at 44 King
Street West Toronto, in Ontario, Canada.[BN]
The Plaintiffs are represented by:
James E. Cecchi, Esq.
Lindsey H. Taylor, Esq.
CARELLA, BYRNE, CECCHI OLSTEIN, BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Phone: (973) 994-1700
- and -
Linda P. Nussbaum, Esq.
NUSSBAUM LAW GROUP, P.C.
1211 Avenue of the Americas, 40th Floor
New York, NY 10036
Phone: 917-438-9189
Email: lnussbaum@nussbaumpc.com
BBVA USA: St. Lucie Fire Firefighters Pension Trust Suit Ongoing
----------------------------------------------------------------
BBVA USA Bancshares, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission for the quarterly period
ended June 30, 2020, that BBVA Securities Inc. (BSI) continues to
defend a putative class action suit entitled, St. Lucie County Fire
District Firefighters' Pension Trust, individually and on behalf of
all others similarly situated v. Southwestern Energy Company, et
al.
In October 2016, BBVA Securities Inc. (BSI) was named as a
defendant in a putative class action lawsuit filed in the District
Court of Harris County, Texas, St. Lucie County Fire District
Firefighters' Pension Trust, individually and on behalf of all
others similarly situated v. Southwestern Energy Company, et al.,
wherein the plaintiffs allege that Southwestern Energy Company, its
officers and directors, and the underwriting defendants (including
BSI) made inaccurate and misleading statements in the registration
statement and prospectus related to a securities offering.
The plaintiffs seek unspecified monetary relief.
The Company believes there are substantial defenses to these claims
and intends to defend them vigorously.
No further updates were provided in the Company's SEC report.
BBVA USA Bancshares, Inc. (the Parent) is a financial holding
company that conducts its business operations primarily through its
commercial banking subsidiary, BBVA USA, which is an Alabama
banking corporation headquartered in Birmingham, Alabama. The
Parent was organized in 2007 as a Texas corporation. In April,
Banco Bilbao Vizcaya Argentaria, S.A. (BBVA) announced that it was
moving to unify its brand globally. As part of this re-branding,
the Bank will transition away from the use of the BBVA Compass name
and be re-branded as BBVA. As part of this re-branding, effective
June 10, 2019, the Parent amended its Certificate of Formation to
change its legal name from BBVA Compass Bancshares, Inc. to BBVA
USA Bancshares, Inc.
The Parent is a wholly owned subsidiary of BBVA. BBVA is a global
financial services group founded in 1857. It has a significant
market position in Spain, owns the largest financial institution in
Mexico, has franchises in South America, has a banking position in
Turkey and operates an extensive global branch network. BBVA
acquired the Company in 2007.
BELLEVUE UNIVERSITY: Website Not Accessible to Blind, Young Says
----------------------------------------------------------------
LAWRENCE YOUNG, individually and on behalf of all other similarly
situated, Plaintiffs v. BELLEVUE UNIVERSITY, Defendant, Case No.
1:20-cv-05780 (S.D.N.Y., July 24, 2020) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's website
-- https://www.bellevue.edu/ -- is not fully or equally accessible
to blind and visually-impaired consumers in violation of the
Americans with Disabilities Act. The Plaintiff seeks a permanent
injunction to cause a change in the Defendant's corporate policies,
practices, and procedures so that the Defendant's website will
become and remain accessible to blind and visually-impaired
consumers.
Bellevue University provides educational services. The University
offers degree programs in arts, sociology, biology, chemistry,
economics, environmental studies, computer science, history,
mathematics, philosophy, physics, political science, and
psychology. [BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
danalgottlieb@aol.com
CARDONA LANDSCAPES: Franco Sues Over Failure to Pay Overtime
------------------------------------------------------------
LUIS FRANCO, individually and on behalf of all others similarly
situated, Plaintiffs v. CARDONA LANDSCAPES, INC., and MARIO
CARDONA, as an individual, Defendants, Case No. 1:20-cv-06085
(S.D.N.Y., August 4, 2020) is a collective action complaint brought
against Defendants for their alleged violations of the Fair Labor
Standards Act (FLSA) and the New York Labor Law (NYLL).
Plaintiff was employed by Defendants to perform primary duties as a
gardener, grass cutter, and equipment cleaner, while performing
other miscellaneous duties from in or around August 2014 until in
or around November 2019.
According to the complaint, Plaintiff worked approximately 68 hours
or more per week during his employment with Defendants. However,
Defendants did not pay Plaintiff at one and one-half times his
regular rate of pay for all hours worked in excess of 40, thereby
failing to pay him overtime pursuant to the FLSA and NYLL.
Moreover, Defendants failed to post notices of the minimum wage and
overtime wage requirements and to keep payroll records as required
by both NYLL and the FLSA.
Mario Cardona owns and operates Cardona Landscapes, Inc.
Cardona Landscapes, Inc. provides landscaping services. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, PC
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Tel: 718-263-9591
Fax: 718-263-9598
Email: HelenDaltonPC@HelenDalton.com
CARROL BOYES: Faces Jaquez Suit Over Blind-Inaccessible Web Site
----------------------------------------------------------------
RAMON JAQUEZ, on behalf of himself and all others similarly
situated v. CARROL BOYES CORPORATION, Case No. 1:20-cv-06529
(S.D.N.Y., Aug. 17, 2020), arises from the Defendant's alleged
violation of the Americans with Disabilities Act.
The Plaintiff is a blind, visually-impaired handicapped person and
a member of a protected class of individuals under the ADA.
According to the complaint, the Plaintiff visited the Defendant's
Web site, http://carrolboyes.com/usa/,by using a popular screen
reading software called NonVisual Desktop Access in July 2020 with
the intent of browsing and potentially making a purchase. However,
the Defendant's Web site allegedly lack of a variety of features
and accommodations, which denied the Plaintiff access similar to
that of a sighted individual and effectively barred him from being
able to enjoy the privileges and benefits of the Defendant's public
accommodation.
Carrol Boyes Corporation is a home appliance company that owns and
operates the Web site.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Ave., Suite 300
Asbury Park, NJ 07712
Tel: (732) 695-3282
Fax: (732) 298-6256
Email: Yzelman@MarcusZelman.com
CHHS HOSPITAL: Rejects Applicants With Criminal History, Pugh Says
------------------------------------------------------------------
ERICA PUGH, individually and on behalf of all others similarly
situated v. CHHS HOSPITAL COMPANY, LLC; CHESTNUT HILL HOSPITAL,
LLC; TOWER HEALTH; TOWER HEALTH MEDICAL GROUP HOLDING COMPANY, LLC;
TOWER HEALTH MEDICAL GROUP; COMMUNITY HEALTH SYSTEMS, INC.; and
ICIMS, INC., Case No. 200801768 (Pa. Com. Pleas, Philadelphia Cty.,
Aug. 20, 2020), is brought against the Defendants for violations of
the Pennsylvania Criminal History Record Information Act, the
Philadelphia Fair Practice Ordinance, and the Fair Criminal Records
Screening Standards Ordinance.
The Plaintiff, on behalf of herself and all others similarly
situated job applicants, alleges that the Defendants breached their
known duties under the CHRIA and the Ordinance by: (1)
systematically denying the job applicants employment based on
required disclosure of criminal history at the outset of the hiring
process without consideration of whether their felony and
misdemeanor convictions relate to their suitability for the
position for which they have applied; (2) failing to provide them
with a copy of their criminal history report before taking adverse
action against them; and (3) failing to notify them in writing of
their decision not to hire them and the basis of their decision.
Moreover, the Plaintiff claims that Defendant ICIMS consciously
acted to develop a job application that would be used to
systematically deny employment to all applicants with criminal
histories.
The Plaintiff applied as a phlebotomist at the Chestnut Hill
Hospital and completed an online application for the position on
August 20, 2017.
CHHS Hospital Company, LLC is a provider of healthcare services
with its principal place of business located at 8835 Germantown
Avenue, in Philadelphia, Pennsylvania. Chestnut Hill Hospital, LLC
is a community healthcare provider with its principal place of
business located at 8835 Germantown Avenue, in Philadelphia,
Pennsylvania.
Tower Health is a company that provides healthcare services with
its principal place of business located at 420 S. Fifth Avenue, in
West Reading, Pennsylvania. Tower Health Medical Group Holding
Company, LLC is a healthcare services company with its principal
place of business located at 111 North 6th Street, in Reading,
Pennsylvania. Tower Health Medical Group is a healthcare services
firm with its principal place of business located at 6th Street and
Spruce Street, in Reading, Pennsylvania.
Community Health Systems, Inc., is a company that operates general
acute care hospitals, with principal place of business in Franklin,
Tennessee. ICIMS, Inc. is a software company located in Holmdel,
New Jersey.[BN]
The Plaintiff is represented by:
Alan E. Denenberg, Esq.
Vazken A. E. Zerounian, Esq.
ABRAMSON & DENENBERG, P.C.
1315 Walnut Street, Suite 500
Philadelphia, PA 19107
Telephone: (215) 546-1345
- and –
Jonathan Shub, Esq.
SHUB LAW FIRM, LLC
134 Kings Highway East, 2nd Floor
Haddonfield, NJ 08033
CHICAGO, IL: Kelly-Lomax Sues Over Unreturned Personal Property
---------------------------------------------------------------
Jevarreo Kelly-Lomax, individually and for a class, Plaintiff, -vs-
City of Chicago, Defendant, Case No. 1:20-cv-04638 (N.D. Ill.,
August 6, 2020) is an action brought by the Plaintiff individually
and for all persons arrested by the Chicago police department from
August 6, 2018 to the date of entry of judgment whose "Property
Available for Return to Owner" was held by the City of Chicago, who
remained in custody for more than 30 days after arrest, who were
unable to find a designee to retrieve their property, and whose
property was destroyed, confiscated, or sold at public auction by
the City of Chicago.
Defendant City of Chicago requires that all arrestees taken into
police custody surrender various items of "personal property" that
are neither evidence nor contraband, including but not limited to
jewelry, cell phones, and other electronic devices, referring these
items as "Property Available for Return to Owner."
The official policy of the Defendant has been that "Property
Available for Return to Owner" not retrieved within 30 days of
arrest is considered abandoned under Chicago Municipal Code Section
2-84-160 and is destroyed, confiscated, or sold at public auction.
Plaintiff was arrested on April 18, 2019 by Chicago police
officers, who seized from plaintiff a cellphone, charger, earbuds,
and two earrings. He was then released from custody on October 17,
2019. Plaintiff was unable to secure a designee to retrieve his
personal property from the City of Chicago while in custody at the
Cook County Jail.
Pursuant to the official policies, the Defendant destroyed,
confiscated, or sold at public auction the "Property Available for
Return to Owner." As a result of the foregoing, plaintiff was
deprived of rights secured by the Fourth, Fifth, and Fourteenth
Amendments to the Constitution of the United States and permanently
deprived of his property.[BN]
The Plaintiff is represented by:
Kenneth N. Flaxman, Esq.
Joel A. Flaxman, Esq.
200 S Michigan Ave, Ste 201
Chicago, IL 60604
Telephone: (312) 427-3200
CHINA XD PLASTIC: Aerts Suit Challenges Proposed Sale to Jie Han
----------------------------------------------------------------
Walter Aerts and John Sheehy, On Behalf of Themselves and All
Others Similarly Situated, and; and Larry Allen, derivatively, on
behalf of China XD Plastic Company Limited v. JIE HAN, TAYLOR
ZHANG, LINYUAN ZHAI, HUIYI CHEN, GUANBAO HUANG, FAITH DAWN LIMITED,
FAITH HORIZON INC., FAITH ABUNDANT LIMITED, and XD ENGINEERING
PLASTICS COMPANY LIMITED, Defendants; and, CHINA XD PLASTIC COMPANY
LIMITED, Nominal Defendant, Case No. A-20-819986-B (D. Nev., Aug.
21, 2020), challenges proposed sale of China XD to Jie Han's
affiliates based on an alleged unfair process involving
impermissible self-dealing.
The Board of Directors of China XD wrongfully entered into a
definitive agreement to sell the Company for an unfair price and
based on an unfair process all of China XD's outstanding shares of
common stock to affiliates of the Company's chairman, CEO, and
majority shareholder, Jie Han ("Proposed Transaction"), the
Plaintiffs allege.
According to the complaint, the Proposed Transaction provides
inadequate consideration to China XD's minority shareholders and is
the product of an unfair process, negotiated by a purportedly
independent special committee with no power or leverage against Han
and not subject to a majority of the minority vote. Further, the
Defendants have concealed material facts about the Proposed
Transaction from China XD's minority stockholders. If consummated,
the Proposed Transaction would be unlawful or wrongful conduct. In
pursuing the Proposed Transaction, each of the defendants directly
committed and/or aided and abetted unlawful or wrongful conduct and
breached and/or aided and abetted breaches of fiduciary duties of
loyalty and due care owed to the Company, the Plaintiffs, and the
proposed Class.
Because of the Individual Defendants' wrongful conduct, the
Plaintiffs assert they and the Class have been, and will be,
damaged, and will not receive the fair value of China XD's assets.
To the extent the claims for the Individual Defendants' wrongful
conduct, including failing to maximize stockholder value and fully
and fairly to inform concerning the Proposed Transaction, cannot be
remedied by money damages, Merger Plaintiffs Sheehy and Aerts have
no adequate remedy at law and seek to enjoin the shareholder vote
on the Proposed Transaction to compel the Defendants to carry out
their fiduciary duties to maximize shareholder value, either
through a sale of the Company or by rejecting the Proposed
Transaction so that China XD may continue as a public company, and
provide complete and accurate material information to all China XD
shareholders in connection with the Proposed Transaction, says the
complaint.
The Plaintiffs own shares of China XD common stock and have owned
China XD common stock.
Jie Han is China XD's CEO and the Chairman of the Board, as well as
the Company's controlling shareholder.[BN]
The Plaintiffs are represented by:
Patrick R. Leverty, Esq.
LEVERTY & ASSOCIATES LAW CHTD.
Reno Gould House
832 Willow Street
Reno, NV 89502
Phone: (775) 322-6636
Facsimile: (775) 322-3953
Email: pat@levertylaw.com
- and -
Laurence M. Rosen
Phillip Kim, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Ave., 40th Floor
New York, NY 10016
Phone: (212) 686-1060
Fax: (212) 202-3827
Email: rosen@rosenlegal.com
pkim@rosenlegal.com
- and -
Jacob A. Goldberg, Esq.
Leah Heifetz-Li, Esq.
THE ROSEN LAW FIRM, P.A.
101 Greenwood Avenue, Suite 440
Jenkintown, PA 19012
Phone: (215) 600-2187
Facsimile: (212) 202-3827
Email: jgoldberg@rosenlegal.com
lheifetz@rosenlegal.com
CIGNA CORP: Headlam-Clarkson Sues Over Denial of Insurance Claims
-----------------------------------------------------------------
BONITA HEADLAM-CLARKSON, individually and on behalf of all others
similarly situated v. CIGNA CORPORATION, LIFE INSURANCE COMPANY OF
NORTH AMERICA, CIGNA LIFE INSURANCE COMPANY OF NEW YORK, and
CONNECTICUT LIFE INSURANCE COMPANY, Case No. 2:20-cv-04068 (E.D.
Pa., Aug. 20, 2020), is brought against the Defendants for their
violations of the Employee Retirement Income Security Act.
According to the complaint, the Defendants have breached their
fiduciary duty to the Plaintiff and all others similarly situated
individuals, who purchased the Defendants' group term life
insurance policies, by using an internal, broad definition for the
term "confined" in the policies. The Plaintiff alleges that the
Defendants denied her claim for life insurance benefits following
the death of her two-year old daughter on the basis that her
daughter was confined at home. The Defendants' use of a broad,
undisclosed definition of "confined" on the policies is improper
because it would allow them to routinely deny otherwise valid
claims for life insurance benefits.
As a result of the Defendants' omissions and misconduct, the
Plaintiff and Class members were deprived of insurance benefits
they were contractually owed.
Cigna Corporation is an insurance company with its principal
business address located at One Liberty Place, 1650 Market Street,
in Philadelphia, Pennsylvania. Cigna Life Insurance Company of New
York is an insurance company with its principal business address at
140 E. 45th Street, 38th Floor, in New York City.
Life Insurance Company of North America is an insurance company
with its principal business address at 1601 Chestnut Street, in
Philadelphia, Pennsylvania. Connecticut General Life Insurance
Company is an insurance company with its principal office address
at 900 Cottage Grove Road, in Bloomfield, Connecticut.[BN]
The Plaintiff is represented by:
Simon B. Paris, Esq.
Patrick Howard, Esq.
SALTZ, MONGELUZZI & BENDESKY, P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Telephone: (215) 575-3895
Facsimile: (215) 496-0999
E-mail: phoward@smbb.com
- and –
Daniel E. Gustafson, Esq.
Raina Borrelli, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: Dgustafson@gustafsongluek.com
Rborrelli@gustafsongluek.com
- and –
Joseph Mattia, Esq.
THE BOONSWANG LAW FIRM
1500 Sansom Street, Suite 200
Philadelphia, PA 19102-2800
Telephone: (215) 940-8900
Facsimile: (215) 974-7800
E-mail: Joseph@boonswanglaw.com
CINCINNATI INSURANCE: Posh Sues Over Denial of COVID-19 Coverage
----------------------------------------------------------------
Posh KC, LLC, individually and on behalf of all others similarly
situated v. THE CINCINNATI INSURANCE COMPANY, Case No.
4:20-cv-00675-RK (W.D. Mo., Aug. 21, 2020), arises from the
Defendant's failure to provide insurance coverage for the losses
sustained and expenses incurred by the Plaintiff because of the
ongoing Coronavirus pandemic.
The Plaintiff's operations have been and continue to be suspended
and threatened by the novel coronavirus, SARS-CoV-2, which causes
the infectious disease COVID-19. To protect their business in the
event that they suddenly had to suspend operations for reasons
outside of their control, or in order to prevent further property
damage, the Plaintiff and others purchased insurance coverage from
the Defendant, including property coverage, as set forth in The
Cincinnati Insurance Company's Building and Personal Property
Coverage Form and Business Income (and Extra Expense) Coverage
Form.
Unlike some policies that provide Business Income (also referred to
as "business interruption") coverage, the Defendant's coverage
forms do not include, and are not subject to, any exclusion for
losses caused by viruses or communicable diseases, according to the
complaint. The Plaintiff was forced to suspend or reduce business
at their covered premises due to COVID-19 and the ensuing orders
issued by civil authorities in Missouri, mandating the suspension
of business for on-site services, as well as in order to take
necessary steps to prevent further damage and minimize the
suspension of business and continue operations.
The Defendant has, on a widescale and uniform basis, refused to pay
its insureds under its Business Income, Extra Expense, Dependent
Property, Civil Authority, Extended Business Income, Ingress and
Egress, and Sue and Labor coverages for losses suffered due to
COVID-19, any executive orders by civil authorities that has
required the necessary suspension of business, and any efforts to
prevent further property damage or to minimize the suspension of
business and continue operations says the complaint. In particular,
The Cincinnati Insurance Company has denied the claim submitted by
the Plaintiff under their policy.
Plaintiff Posh KC has operated a salon that provides beauty and
bridal services in downtown Kansas City, Missouri.
The Defendant is an insurance company writing insurance policies
and doing business in the State of Missouri.[BN]
The Plaintiff is represented by:
Brandon J.B. Boulware, Esq.
Jeremy M. Suhr, Esq.
Erin D. Lawrence, Esq.
BOULWARE LAW LLC
1600 Genessee Street, Suite 416
Kansas City, MO 64102
Phone: (816) 492-2826
Fax: (816) 492-2826
Email: brandon@boulware-law.com
jeremy@boulware-law.com
erin@boulware-law.com
- and -
Thomas A. Rottinghaus, Esq.
Tyler W. Hudson, Esq.
Jack T. Hyde, Esq.
WAGSTAFF & CARTMELL LLP
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Phone: (816) 701-1100
Facsimile: (816) 531-2372
Email: trottinghaus@wcllp.com
thudson@wcllp.com
jhyde@wcllp.com
- and -
Todd Johnson, Esq.
VOTAVA NANTZ & JOHNSON, LLC
9237 Ward Parkway, Suite 240
Kansas City, MO 64114
Phone: (816) 895-8800
Fax: (816) 895-8801
Email: tjohnson@vnjlaw.com
CINCINNATI INSURANCE: Reeds Sues Over Refusal to Pay COVID Claims
-----------------------------------------------------------------
Reeds Jewelers of Niagara Falls, Inc., on Behalf of Itself and All
Others Similarly Situated v. CINCINNATI INSURANCE COMPANY, Case No.
1:20-cv-00649-MWM (S.D. Ohio, Aug. 21, 2020), is brought for breach
of contract and for declaratory and injunctive relief arising from
Cincinnati's refusal to pay COVID-19-related claims as required by
its insurance policies it sold to the Plaintiff and other
policyholders.
In response to New York State and local county mandates, and
COVID-19, Reeds' New York stores were closed from March 22, 2020,
until June 2, 2020, resulting in a loss of sales in excess of $3
million. Reeds purchased an all-risk commercial property insurance
policy from Cincinnati to indemnify it for business income lost due
to the shutdown of its operations. The current policy is in effect
from August 1, 2019, through August 1, 2020. Reeds paid thousands
in annual premiums for the policy for $7,758,500 million in
coverage under the policy, with 12 months of business income loss
coverage, and 30 days of civil authority coverage.
Yet, despite the Plaintiff's claim for payment under the policy to
cover these losses to its income, the Defendant has refused to
provide the protection that the Plaintiff purchased, citing policy
exclusions and coverage defenses that do not apply and which have
no merit, according to the complaint. Moreover, the Plaintiff is
not unique. The reasons given by Cincinnati to deny coverage are
written in terms that appear designed to deny coverage to all
claims under these form contracts, even though the policy it
drafted does not contain an applicable exclusion for losses caused
by the Closure Orders and COVID-19.
On April 29, 2020, Reeds initiated a claim with Cincinnati for
interruption of business and loss of business income as a result
COVID-19. This claim was assigned Claim No. 3544732. On May 21,
2020, Cincinnati issued a denial letter to Reeds regarding this
claim. This denial letter does not detail or otherwise show
findings from any investigation, but rather consists almost
entirely of Cincinnati's self-serving interpretations of its own
policy language. The Defendant has caused substantial harm to the
Plaintiff and members of the proposed class by wrongfully refusing
coverage under the Policy and other Policies, says the complaint.
The Plaintiff owns and operates seven jewelry and watch retail
outlets in New York State, as well as one store in Massachusetts.
Cincinnati is a duly licensed insurance company authorized to
transact business in the State of New York.[BN]
The Plaintiff is represented by:
Randolph H. Freking, Esq.
FREKING MYERS & REUL LLC
600 Vine Street, Ninth Floor
Cincinnati, OH 45202
Phone: (513) 721-1975
Fax: (513) 651-2570
Email: randy@fmr.law
- and -
William R.H. Merrill, Esq.
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, TX 77002
Phone: (713) 651-9366
Email: bmerrill@susmangodfrey.com
- and -
Seth Ard, Esq.
SUSMAN GODFREY L.L.P.
1301 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (212) 336-3330
Email: ssklaver@susmangodfrey.com
mseltzer@susmangodfrey.com
- and -
Steven Sklaver, Esq.
Marc M. Seltzer, Esq.
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Phone: (310) 789-3100
Email: sard@susmangodfrey.com
- and -
John Scott Black, Esq.
Richard D. Daly, Esq.
Melissa Wooden Wray, Esq.
DALY & BLACK, P.C.
2211 Norfolk Street, Suite 800
Houston, TX 77098
Phone: (713) 655-1405
Email: jblack@dalyblack.com
rdaly@dalyblack.com
mwray@dalyblack.com
ecfs@dalyblack.com
CINCINNATI INSURANCE: Tomato Files Suit in W.D. Pennsylvania
------------------------------------------------------------
A class action lawsuit has been filed against THE CINCINNATI
INSURANCE COMPANY, et al. The case is styled as Tomato, Inc., doing
business as: II TOMATO, on behalf of itself and all others
similarly situated v. THE CINCINNATI INSURANCE COMPANY, THE
CINCINNATI CASUALTY COMPANY, THE CINCINNATI INDEMNITY COMPANY, Case
No. 2:20-cv-01245-MRH (W.D. Pa., Aug. 21, 2020).
The nature of suit is stated as Insurance for Breach of Contract.
The Cincinnati Insurance Company provides insurance products and
underwriting services.[BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
CARLSON LYNCH SWEET & KILPELA, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Email: glynch@carlsonlynch.com
COCA-COLA COMPANY: Dawson Sues in New York Alleging ADA Violation
-----------------------------------------------------------------
A class action lawsuit has been filed against The Coca-Cola
Company. The case is styled as Leshawn Dawson, on behalf of himself
and all others similarly situated v. The Coca-Cola Company, Case
No. 1:20-cv-06739 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Coca-Cola Company is an American multinational beverage
corporation headquartered in Atlanta, Georgia. The Coca-Cola
Company has interests in the manufacturing, retailing and marketing
of nonalcoholic beverage concentrates and syrups.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
COMPRESSOR ENG'G: 6th Cir. Appeal from E.D. Mich. Order Underway
----------------------------------------------------------------
Compressor Engineering Corporation has taken an appeal from the
order of the U.S. District Court for the Eastern District of
Michigan (Detroit) entered in the lawsuit styled COMPRESSOR
ENGINEERING CORPORATION v. CHARLES J. THOMAS, JR., Case No.
2:10-cv-10059.
The appellate case is captioned re: Compressor Engineering Corp.,
Case No. 20-102 (Filed Feb. 14, 2020), in the United States Court
of Appeals for the Sixth Circuit.
This is one of more than a hundred "junk fax" cases that have been
filed by Plaintiff's attorneys in courts around the country
involving facsimiles sent by the company "B2B" that allegedly
violated the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C.
Sec. 227, as amended by the Junk Fax Prevention Act of 2005.
CECO is the world's largest independent manufacturer of engine and
compressor replacement parts.[BN]
The Petitioner Compressor Engineering Corporation, individually and
as the representative of a class of similarly situated persons, is
represented by:
Phillip Andrew Bock, Esq.
BOCK & HATCH
134 N. LaSalle Street, Suite 1000
Chicago, IL 60602
Telephone: 312 658-5500
- and -
Jason J. Thompson, Esq.
SOMMERS SCHWARTZ
One Towne Square, Suite 1700
Southfield, MI 48076
Telephone: 248 355-0300
The Respondent Charles J. Thomas, Jr., is represented by:
Denise Lynn Mitcham, Esq.
CONKLIN BENHAM
30700 Telegraph Road, Suite 2580
Bingham Farms, MI 48205
Telephone: 248 593-2442
- and -
Eric Samore, Esq.
SMITH AMUNDSEN
150 N. Michigan Avenue, Suite 3300
Chicago, IL 60601
Telephone: 312 894-3200
CONTINENTAL 406: Hollis Sues Over Unsolicited Text Message Ads
--------------------------------------------------------------
AARON HOLLIS, individually and on behalf of all others similarly
situated, Plaintiff v. CONTINENTAL 406 FUND LLC d/b/a SPRINGS AT
PORT CHARLOTTE, Defendant, Case No. CACE-20-012677 (Fla. Cir., 17th
Jud., August 4, 2020) is a class action complaint brought against
Defendant for its alleged unlawful conduct in violation of the
Telephone Consumer Protection Act (TCPA).
According to the complaint, Defendant sent unsolicited text
messages to Plaintiff's cellular telephone number to promote its
apartment rental business. Defendant allegedly used an automatic
telephone dialing system in transmitting the message even without
Plaintiff's express written consent to receive such messages.
The complaint asserts that Plaintiff was harmed by Defendant's
unlawful conduct. Thus, Plaintiff seeks injunctive relief to cease
Defendant from conducting unsolicited calls, statutory damages, and
any other available legal or equitable remedies.
Continental 406 Fund LLC d/b/a Springs at Port Charlotte operates
its apartment leasing business. [BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Thomas J. Patti, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Laudedale, FL 33301
Tel: 954-907-1136
Fax: 855-529-9540
Emails: jibrael@jibraellaw.com
tom@jibraellaw.com
CONTINENTAL 425: Hollis Sues Over Unsolicited Marketing Texts
-------------------------------------------------------------
AARON HOLLIS, individually and on behalf of all others similarly
situated v. CONTINENTAL 425 FUND LLC d/b/a SPRINGS AT PORT ORANGE,
Case No. CACE-20-013372 (Fla. Cir., Aug. 17, 2020), is brought
against the Defendant for its alleged violation of the Telephone
Consumer Protection Act.
According to the complaint, the Plaintiff received unsolicited text
messages to his cellular telephone number from the Defendant's
numbers 310-564-7481 and 385-410-1451, which are known numbers to
send SMS text messages en masse. The Defendant allegedly engages in
unsolicited text messaging to promote its apartments for rent with
no regards for consumer's privacy and without asking them their
prior express written consent to be contacted using an automatic
telephone dialing system.
Continental 425 Fund LLC d/b/a Springs at Port Orange offers
apartments for rent.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Thomas J. Patti, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Tel: 954-907-1136
Fax: 855-529-9540
Emails: jibrael@jibraellaw.com
tom@jibraellaw.com
CVS HEALTH: Eighth Circuit Appeal Filed in Illis ERISA Class Suit
-----------------------------------------------------------------
Plaintiffs Susan Illis, et al., filed an appeal from a court ruling
entered in their lawsuit entitled Susan Illis, et al. v. CVS Health
Corporation, et al., Case No. 0:17-cv-01884-PAM, in the U.S.
District Court for the District of Minnesota.
As previously reported in the Class Action Reporter, Judge Paula A.
Magnuson of the U.S. District Court for the District of Minnesota
granted in part and denied in part the Defendants' Motions to
Dismiss.
The individual Plaintiffs in these consolidated putative class
actions are participants in health insurance plans that are subject
to the requirements of the Employee Retirement Income Security Act
("ERISA"). They allege that they or their dependents require
EpiPens, a prescription medication, to manage serious allergic
reactions. According to the Plaintiffs, in 2007 the list price for
a pack of two EpiPens was less than $100. That year, however,
Mylan Pharmaceuticals, Inc. and its related entities, Mylan N.V.
and Mylan Specialty L.P., acquired the exclusive rights to market
and distribute EpiPens. In the intervening decade, the price for
two EpiPens has soared to more than $600. According to the
Plaintiffs, because of the high deductibles of their
health-insurance plans as well as the conduct they complain about
in the lawsuit, they are often forced to pay nearly the entire list
price for EpiPens.
Defendants CVS Health Corporation, CaremarkPCS Health L.L.C,
Caremark L.L.C., Caremark Rx L.L.C., Express Scripts Holding
Company, Express Scripts, Inc., Medco Health Solutions, Inc.,
UnitedHealthGroup, Inc., UnitedHealthcare Services, Inc., Optum,
Inc., Optum Rx Holdings, LLC, OptumRx, Inc. and Prime Therapeutics,
LLC are pharmacy benefit managers ("PBMs"). PBMs are "middlemen"
in the prescription-drug-benefit market. They develop and maintain
lists of drugs, known as formularies, from which participants in a
health-insurance plan must choose for their pharmaceutical needs.
They also negotiate with drug manufacturers and distributors for
volume discounts and rebates in exchange for inclusion and
preferential placement of the drug on formularies, and exclusion of
competitor's drugs from formularies. According to the Plaintiffs,
the Defendants control more than 80% of the
prescription-drug-benefit market and possess the market power of
more than 200 million Americans.
The Plaintiffs allege that the Defendants' negotiations with Mylan
caused Mylan to raise the price of EpiPens, while the Defendants
pocketed millions of dollars in rebates and other payments. Because
the price Mylan charges for EpiPens directly affects the amount a
plan's beneficiaries pay for the EpiPens, Mylan's price increases
raised the Plaintiffs' out-of-pocket costs dramatically. The
Plaintiffs assert that the Defendants breached their fiduciary
duties under ERISA Section 404(a), and engaged in fiduciary
self-dealing in violation of ERISA Section 406(b).
The Defendants seek dismissal of the Complaint under Rule 12(b)(1),
arguing that the Plaintiffs cannot establish that their injuries
are traceable to the Defendants' conduct, nor are their injuries
redressable by the injunctive relief they seek, and thus the
Plaintiffs lack standing to pursue their claims. In the
alternative, the Defendants contend that the Plaintiffs have failed
to state any claims on which relief can be granted under Rule
12(b)(6) because the PBMs are not ERISA fiduciaries.
Judge Magnuson finds that the Plaintiffs have plausibly alleged
that they suffered an injury that is redressable by the relief they
seek. They have also plausibly pleaded their fiduciary-duty claim
under ERISA Section 404 but have not done so under Section 406.
Accordingly, she granted in part and denied in part the Defendants'
Motion to Dismiss.
The appellate case is captioned as Susan Illis, et al. v. CVS
Health Corporation, et al., Case No. 20-8009, in the United States
Court of Appeals for the Eighth Circuit.[BN]
Plaintiffs-Petitioners Susan Illis, Elan Klein, Adam Klein, and
Emil Jalonen, as the Personal Representative of the Estate of Leah
Weaver individually and on behalf of others similarly situated, are
represented by:
David Walfred Asp, Esq.
Kate M. Baxter-Kauf, Esq.
Kristen Marttila, Esq.
Karen Riebel, Esq.
Arielle Wagner, Esq.
LOCKRIDGE & GRINDAL
100 Washington Avenue, S., Suite 2200
Minneapolis, MN 55401-0000
Telephone: (612) 339-6900
E-mail: dwasp@locklaw.com
kmbaxter-kauf@locklaw.com
kgmarttila@locklaw.com
khriebel@locklaw.com
aswagner@locklaw.com
- and -
Norman Berman, Esq.
Kathleen M. Donovan-Maher, Esq.
Marc Jeffrey Greenspon, Esq.
Steven L. Groopman, Esq.
Christopher Heffelfinger, Esq.
Nicole Maruzzi, Esq.
Justin N. Saif, Esq.
BERMAN & TABACCO
One Liberty Square
Boston, MA 02109
Telephone: (617) 542-8300
E-mail: nberman@bermantabacco.com
kdonovanmaher@bermantabacco.com
mgreenspon@bermantabacco.com
sgroopman@bermantabacco.com
cheffelfinger@bermantabacco.com
nmaruzzi@bermantabacco.com
jsaif@bermantabacco.com
- and -
Warren T. Burns, Esq.
BURNS & CHAREST
900 Jackson Street, Suite 500
Dallas, TX 75202
E-mail: wburns@burnscharest.com
- and -
Stuart Andrew Davidson, Esq.
Paul J. Geller, Esq.
Christopher C. Gold, Esq.
ROBBINS & GELLER
120 E. Palmetto Park Road, Suite 500
Boca Raton, FL 33432-4809
Telephone: (561) 750-3000
E-mail: SDavidson@rgrdlaw.com
PGeller@rgrdlaw.com
cgold@rgrdlaw.com
- and -
Matthew Gerend, Esq.
Garrett Heilman, Esq.
Cari C. Laufenberg, Esq.
Gretchen S. Obrist, Esq.
Erin M. Riley, Esq.
Lynn Lincoln Sarko, Esq.
KELLER & ROHRBACK
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: (206) 623-1900
E-mail: mgerend@KellerRohrback.com
gheilman@kellerrohrback.com
claufenberg@KellerRohrback.com
gobrist@KellerRohrback.com
eriley@KellerRohrback.com
lsarko@kellerrohrback.com
- and -
William Mark Lanier, Esq.
LANIER LAW FIRM
10940 W. Sam Houston Parkway, N., Suite 100
Houston, TX 77069
Telephone: (713) 659-5200
E-mail: WML@LanierLawFirm.com
- and -
Brian O. O'Mara, Esq.
Arthur L. Shingler, Esq.
ROBBINS & GELLER
655 W. Broadway, Suite 1900
San Diego, CA 92101-0000
Telephone: (619) 231-1058
E-mail: bomara@rgrdlaw.com
ashingler@rgrdlaw.com
- and -
Rex Sharp, Esq.
REX A. SHARP, P.A.
5301 W. 75th Street
Prairie Village, KS 66208-0000
Telephone: (913) 901-0500
E-mail: rsharp@midwest-law.com
Defendants-Respondents CVS Health Corporation, CaremarkPCS Health,
L.L.C., Caremark, L.L.C., Caremark Rx, L.L.C., Express Scripts
Holding Company, Express Scripts, Inc., Medco Health Solutions,
Inc., UnitedHealth Group, Inc., United HealthCare Services, Inc.
Optum, Inc., OptumRx Holdings, LLC, OptumRx, Inc., and Prime
Therapeutics, LLC are represented by:
David C. Archer, Esq.
Deborah Ann Ellingboe, Esq.
Isaac B. Hall, Esq.
John Willard Ursu, Esq.
FAEGRE & DRINKER
2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, MN 55402-3901
Telephone: (612) 766-7000
E-mail: david.archer@faegredrinker.com
debbie.ellingboe@faegredrinker.com
isaac.hall@faegredrinker.com
john.ursu@faegredrinker.com
- and -
Christopher T. Berg, Esq.
Paul Edward Boehm, Esq.
Daniel M. Dockery, Esq.
Enu Mainigi, Esq.
WILLIAMS & CONNOLLY
725 12th Street, N.W.
Washington, DC 20005-0000
Telephone: (202) 434-5000
E-mail: cberg@wc.com
pboehm@wc.com
ddockery@wc.com
emainigi@wc.com
- and -
Jonathan Gordon Cooper, Esq.
Andrew S. Corkhill, Esq.
Carolyn Hart, Esq.
Eric Christopher Lyttle, Esq.
Deborah Sohn, Esq.
QUINN & EMANUEL
1300 I Street, N.W., Suite 900
Washington, DC 20005
Telephone: (202) 538-8000
E-mail: jonathancooper@quinnemanuel.com
andrewcorkhill@quinnemanuel.com
carolynhart@quinnemanuel.com
ericlyttle@quinnemanuel.com
deborahsohn@quinnemanuel.com
- and -
Donald G. Heeman, Esq.
Jessica J. Nelson, Esq.
Randi Winter, Esq.
SPENCER & FANE
150 S. Fifth Street
Minneapolis, MN 55402
E-mail: dheeman@spencerfane.com
jnelson@spencerfane.com
rwinter@spencerfane.com
- and -
Michael J. Lyle, Esq.
QUINN & EMANUEL
777 Sixth Street, NW, 11th Floor
Washington, DC 20001-3706
Telephone: (202) 682-7000
E-mail: mikelyle@quinnemanuel.com
- and -
Paul J. Ondrasik, Jr., Esq.
Eric G. Serron, Esq.
STEPTOE & JOHNSON
1330 Connecticut Avenue, N.W.
Washington, DC 20036-0000
Telephone: (202) 429-3000
E-mail: pondrasik@steptoe.com
eserron@steptoe.com
- and -
Kadee J. Anderson, Esq.
Andrew J. Glasnovich, Esq.
STINSON, LLP
50 S. Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 335-1728
E-mail: kadee.anderson@stinson.com
drew.glasnovich@stinson.com
- and -
Ethan Bond, Esq.
Kimberly Chemerinsky, Esq.
ALSTON & BIRD
333 S. Hope Street, 16th Floor
Los Angeles, CA 90071
E-mail: ethan.bond@alston.com
kim.chemerinsky@alston.com
- and -
Brian D. Boone, Esq.
Brandon Springer, Esq.
ALSTON & BIRD
101 S. Tryon Street, Suite 4000
Charlotte, NC 28280
Telephone: (704) 444-1000
E-mail: brian.boone@alston.com
brandon.springer@alston.com
- and -
Elizabeth Broadway Brown, Esq.
Jordan Elise Edwards, Esq.
Bradley Harder, Esq.
Andrew Hatchett, Esq.
William H. Jordan, Esq.
Jahnisa Loadholt, Esq.
ALSTON & BIRD
One Atlantic Center
1201 W. Peachtree Street
Atlanta, GA 30309-3424
Telephone: (404) 881-7000
E-mail: liz.brown@alston.com
jordan.edwards@alston.com
bradley.harder@alston.com
andrew.hatchett@alston.com
bill.jordan@alston.com
jahnisa.loadholt@alston.com
- and -
John Snyder, Esq.
Kaelyn Wietelman, Esq.
ALSTON & BIRD
The Atlantic Building
950 F Street, N.W.
Washington, DC 20004-1404
E-mail: john.snyder@alston.com
kaelyne.wietelman@alston.com
- and -
Nicholas J. Bullard, Esq.
Anna K. B. Finstrom, Esq.
Paul W. Heiring, Esq.
Alan Iverson, Esq.
Stephen P. Lucke, Esq.
Katie C. Pfeifer, Esq.
Jaime Stilson, Esq.
Vanessa J. Szalapski, Esq.
DORSEY & WHITNEY
50 S. Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
Telephone: (612) 340-2600
E-mail: bullard.nick@dorsey.com
finstrom.anna@dorsey.com
heiring.paul@dorsey.com
iverson.alan@dorsey.com
lucke.steve@dorsey.com
pfeifer.katie@dorsey.com
stilson.jaime@dorsey.com
szalapski.vanessa@dorsey.com
DANBURY, CT: Whitted Seeks to Certify Settlement Class
------------------------------------------------------
In class action lawsuit captioned as JAMES WHITTED, individually,
and on behalf of all others similarly situated, the Petitioner, v.
DIANE EASTER, Warden of Federal Correctional Institution at Danbury
in her official capacity, the Respondent, Case No.
3:20-cv-00569-MPS (D. Conn.), the Petitioner asks the Court for an
order:
1. certify a class for settlement purposes;
2. appointing himself as class representative; and
3. appointing his counsel as class counsel.
While respondent denies the allegations of the Petition, she
consents to the certification of the Settlement Class and for
appointment of the class representative and class counsel.
The Federal Correctional Institution, Danbury is a low-security
United States federal prison for male and female inmates in
Danbury, Connecticut. It is operated by the Federal Bureau of
Prisons, a division of the United States Department of
Justice.[CC]
Counsel for the Petitioner James Whitted is:
Jonathan M. Levine, Esq.
David S. Golub, Esq.
SILVER, GOLUB & TEITELL LLP
184 Atlantic Street
Stamford, CT 06901
Telephone: (203) 325-4491
E-mail: dgolub@sgtlaw.com
jlevine@sgtlaw.com
- and -
Sarah French Russell, Esq.
Tessa Bialek, Esq.
LEGAL CLINIC, QUINNIPIAC UNIVERSITY SCHOOL OF LAW
275 Mt. Carmel Avenue
Hamden, CT 06518
Telephone: (203) 582-5258
E-mail: sarah.russell@quinnipiac.edu
tessa.bialek@quinnpiac.edu
- and -
Marisol Orihuela, Esq.
JEROME N. FRANK LEGAL SERVICES ORGANIZATION
P.O. Box 209090
New Haven, CT 06520
Telephone: (203) 432-4800
E-mail: marisol.orihuela@ylsclinics.org
- and -
Alexandra Harrington, Esq.
CRIMINAL JUSTICE ADVOCACY CLINIC
University at Buffalo School of Law
The State University of New York
Telephone: (716) 984-2453
E-mail: aharr@buffalo.edu
DEERINGS NURSING: Uzoma Sues Over Improper Overtime Calculation
---------------------------------------------------------------
Edith Uzoma, on behalf of herself and all others similarly Situated
v. DEERINGS NURSING & REHABILITATION, LP, Case No. 7:20-cv-00205
(W.D. Tex., Aug. 21, 2020), is brought against the Defendant for
its violation of the Fair Labor Standards Act by failing to
properly calculate overtime premiums for its licensed vocational
nurses and by failing to pay them for all hours worked over 40 in a
workweek.
According to the complaint, the Plaintiff consistently worked more
than forty hours per week. As part of her hourly pay, the Defendant
paid the Plaintiff shift differentials depending on the shift
worked. However, the Defendant failed to include these shift
differentials in the calculation of the Plaintiff's overtime rates.
In order to calculate the Plaintiff's effective hourly rate, all
non-discretionary pay, including shift differentials, should have
been included in their regular rate. The Plaintiff's correct
regular rate should then have been multiplied at time-and-one-half
for all hours worked over 40 in a workweek to determine their
correct overtime pay.
The Plaintiff was a licensed vocational nurse from April 2019
through December 2019.
The Defendant operates a skilled nursing facility located in
Odessa, Texas.[BN]
The Plaintiff is represented by:
Douglas B. Welmaker, Esq.
MORELAND VERRETT, P.C.
2901 Bee Cave Rd., Box L
Austin, TX 78746
Phone: (512) 782-0567
Fax: (512) 782-0605
Email: doug@morelandlaw.com
DELTA AIR: Cappillo Appeals S.D. Fla. Decision to 11th Circuit
--------------------------------------------------------------
The Petitioner Walter Cappillo filed an appeal from the order of
the U.S. District Court for the Southern District of Florida,
entered in the lawsuit styled Judith Marilyn Donoff, on behalf of
herself and all others similarly situated, Plaintiff v. Delta Air
Lines, Inc., Defendant, Case No. 9:18-cv-81258-DMM (S.D. Fla.,
Sept. 17, 2018).
The District Court denied Cappillo's motion for class
certification.
The appellate case is captioned as Walter Cappillo v. Delta Air
Lines, Inc., Case No. 20-90001 (Filed Feb. 7, 2020), in the United
States Court of Appeals for the Eleventh Circuit.
Delta touts itself as the "world's most valuable airline brand."
According to Delta, it serves over 200 million customers every
year. Delta operates over 5,000 daily flights to more than 300
destinations in over fifty countries and has as many as 15,000
affiliated departures a day through its global partners.[BN]
The Petitioner Walter Cappillo, on behalf of himself and all others
similarly situated, is represented by:
John Richard Byrne, Esq.
Scott Brian Cosgrove, Esq.
Alec H. Schultz, Esq.
LEON COSGROVE, LLP
255 Alhambra Cir, Ste. 800
Coral Gables, FL 33134
Telephone: 305-740-1975
- and
Stuart Andrew Davidson, Esq.
ROBBINS GELLER RUDMAN & DOWD, LLP
120 E Palmetto Park Rd., Ste. 500
Boca Raton, FL 33432-4809
Telephone: 561-750-3000
The Respondent Delta Air Lines, Inc. is represented by:
David L. Balser, Esq.
Julia Constance Barrett, Esq.
KING & SPALDING, LLP
1180 Peachtree St. NE Ste. 1600
Atlanta, GA 30309
Telephone: 404-572-4600
- and -
Denise Crockett, Esq.
Lazaro Fernandez, II, Esq.
STACK FERNANDEZ ANDERSON & HARRIS, PA
1001 Brickell Bay Dr., Ste. 2650
Miami, FL 33131
Telephone: 305 371-0001
DISNEY DESTINATIONS: Faces Heindl Suit Alleging Violation of EFTA
-----------------------------------------------------------------
JAMIE HEINDL, individually and on behalf of all others similarly
situated v. DISNEY DESTINATIONS, LLC, Case No.
6:20-cv-01384-RBD-EJK (M.D. Fla., Aug. 3, 2020), alleges violation
of the Electronic Funds Transfer Act.
According to the complaint, in April 2020, the Defendant closed its
parks due to the COVID-19 pandemic. Due to closing its parks, the
Defendant suspended the monthly auto-payments until the parks could
reopen. Upon determining that parks would reopen in July 2020, the
Defendant began the process of starting the auto-payments. However,
in the first few days of July, annual passholders were shockingly
and suddenly charged for several months' worth of payments all at
once.
The amounts charged to annual passholders far exceeded any
authority given to the Defendant to take an auto-payment, the
Plaintiff contends. This caused harm to annual passholders, who
were wrongly deprived of their assets, and was a direct breach of
the contract between the Defendant and annual passholders. The
Defendant's unauthorized debits included annual passholders whose
annual passes had already expired. In other words, the Plaintiff
adds, no amounts were due from those annual passholders at all
because the payment plan those passholders had agreed to had
ended.
Disney Destinations LLC conceives, builds, and manages theme parks
and vacation resorts. The Company offers hotel facilities, water
parks, golf courses, and a cruise line. Disney Destinations
operates in the United States, France, and Hong Kong.[BN]
The Plaintiff is represented by:
Katherine E. Yanes, Esq.
Gus M. Centrone, Esq.
KYNES, MARKMAN & FELMAN, P.A.
P.O. Box 3396
Tampa, FL 33601
Telephone: (813) 229-1118
Facsimile: (813) 221-6750
E-mail: kyanes@kmf-law.com
gcentrone@kmf-law.com
- and -
Brian L. Shrader, Esq.
SHRADER LAW, PLLC
612 W. Bay Street
Tampa, FL 33606
Telephone: (813) 360-1529
Facsimile: (813) 336-0832
E-mail: bshrader@shraderlawfirm.com
- and -
Christie D. Arkovich, Esq.
CHRISTIE D. ARKOVICH, P.A.
1520 W Cleveland St.
Tampa, FL 33606-1807
Telephone: (813) 258-2808
Facsimile: (813) 258-5911
E-mail: christie@christiearkovich.com
DRURY UNIVERSITY: Website Not Accessible to Blind, Young Says
-------------------------------------------------------------
LAWRENCE YOUNG, individually and on behalf of all other similarly
situated, Plaintiff v. DRURY UNIVERSITY, Defendant, Case No.
1:20-cv-05718 (S.D.N.Y., July 23, 2020) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's website
-- https://www.drury.edu/ -- is not fully or equally accessible to
blind and visually-impaired consumers in violation of the Americans
with Disabilities Act. The Plaintiff seeks a permanent injunction
to cause a change in the Defendant's corporate policies, practices,
and procedures so that the Defendant's website will become and
remain accessible to blind and visually-impaired consumers.
Drury University provides educational services. The University
offers degree programs in chemistry, journalism, communication,
language, mathematics, physics, economics, sociology, political
science, arts, engineering, psychology, and criminal justice. Drury
University serves students in the United States. [BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
danalgottlieb@aol.com
DYNASTY WIRELINE: Esparza Seeks Unpaid OT for Completion Managers
-----------------------------------------------------------------
JACOB ESPARZA, individually and on behalf of all others similarly
situated v. DYNASTY WIRELINE SERVICES, LLC, Case No. 7:20-cv-00204
(W.D. Tex., Aug. 20, 2020), alleges that the Defendant violated the
Fair Labor Standards Act and the New Mexico Minimum Wage Act by
failing to compensate the Plaintiff and other current and former
completion managers overtime pay for all hours worked in excess of
40 hours in a workweek.
The Plaintiff was employed by the Defendant as a completion manager
throughout West Texas and New Mexico from April 2016 through April
2020.
Dynasty Wireline Services, LLC, is a provider of wireline services
in and around the Permian Basin. [BN]
The Plaintiff is represented by:
Richard J. (Rex) Burch, Esq.
David I. Moulton, Esq.
BRUCKNER BURCH PLLC
8 Greenway Plaza, Suite 1500
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
dmoulton@brucknerburch.com
- and –
Joseph A. Fitapelli, Esq.
Armando A. Ortiz, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
E-mail: Jfitapelli@fslawfirm.com
aortiz@fslawfirm.com
EIGHT O'CLOCK COFFEE: Dawson Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Eight O'Clock Coffee
Company. The case is styled as Leshawn Dawson, on behalf of himself
and all others similarly situated v. Eight O'Clock Coffee Company,
Case No. 1:20-cv-06744 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Eight O'Clock Coffee Company produces and sells coffee. The
Company provides whole bean and ground coffees; and single-serving
packs of ground coffee for use with brewing systems.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
FAIRFIELD HY: Kent Sues Over Unsolicited Automated Phone Calls
--------------------------------------------------------------
SARAH KENT, individually and on behalf of all others similarly
situated, Plaintiff v. FAIRFIELD HY, INC. d/b/a BALISE HYUNDAI OF
FAIRFIELD, a Connecticut corporation, Defendant, Case No.
3:20-cv-01106 (D. Conn., August 4, 2020) brings this class action
complaint against Defendant for its alleged violation of the
Telephone Consumer Protection Act.
According to the complaint, Defendant placed a call with a
prerecorded message to be transmitted to Plaintiff's cellular
telephone number ending in 3875 on or about May 23, 2020.
Allegedly, Defendant conducted a wide-scale campaign by making
unwanted automated and autodialed phone calls to consumers'
cellular telephones without prior express written consent. As a
result, Plaintiff and the members of the Class, who were contacted
by Defendant through ATDS, have suffered actual harm and cognizable
legal injury.
Fairfield Hy, Inc. d/b/a Balise Hyundai of Fairfield is an
automotive dealership. [BN]
The Plaintiff is represented by:
James J. Reardon, Jr., Esq.
REARDON SCANLON LLP
45 South Main Street, 3rd Floor
West Hartford, CT 06107
Tel: (860) 955-9455
Fax: (860) 920-5242
Email: james.reardon@reardonscanlon.com
- and –
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Tel: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
FIRST CHOICE: Fabricant Sues Over Unsolicited Phone Calls
---------------------------------------------------------
TERRY FABRICANT, individually and on behalf of all others similarly
situated, Plaintiff v. FIRST CHOICE PAYMENT SOLUTIONS GP d/b/a
SEKURE COST REVIEW, INC., and DOES 1 through 10, inclusive, and
each of them, Defendant, Case No. 2:20-cv-07030 (C.D. Cal., August
5, 2020) is a class action complaint brought against Defendants for
their alleged negligent and willful violations of the Telephone
Consumer Protection Act (TCPA).
According to the complaint, Defendant contacted Plaintiff on
Plaintiff's cellular telephone numbers ending in -1083 and -2755
beginning in or around June 2018 in an attempt to solicit Plaintiff
to purchase Defendant's services. Defendant allegedly used an
"automatic telephone dialing system" in placing multiple calls to
Plaintiff's cellular telephone numbers even without Plaintiff's
"prior express consent" to receive such calls.
The complaint asserts that Plaintiff and the members of the Class
were harmed by Defendant's unlawful conduct which caused them to
incur certain charges or reduced telephone time and invaded their
privacy.
First Choice Payment Solutions GP d/b/a Sekure Cost Review, Inc. is
a business financing 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: 323-306-4234
Fax: 866-633-0228
Emails: tfriedman@toddflaw.com
abacon@toddflaw.com
FREIGHTCO ACQUISITIONS: Olson Sues Over Failure to Pay OT Wages
---------------------------------------------------------------
Carl Olson, individually, and on behalf of all individuals
similarly situated v. FREIGHTCO ACQUISITIONS LLC, and BRADLEY
MCDONALD, individually, and in his official corporate capacity,
Case No. 1:20-cv-02524 (D. Colo., Aug. 21, 2020), alleges that the
Defendants failed to pay the Plaintiff all earned overtime wages,
in violation of the Fair Labor Standards Act, the Colorado Wage
Act, Colorado Revised Statutes, and the Colorado Overtime & Minimum
Pay Standards.
The Defendant's failure to compensate the Plaintiff and others at a
rate equal to one and one-half times their regular rates of pay for
all time worked in excess of 40 hours in a given workweek violates
all relevant COMPS Orders and the FLSA, according to the complaint.
The Defendant misclassified the Plaintiff as "exempt" from overtime
under the relevant COMPS Orders, and who was, therefore, not paid
one-and-one-half times the regular rates of pay for all time worked
in excess of 40 hours in a given workweek.
The Plaintiff was a full-time employee of the Defendants, who
worked as a Freight Broker from February 2019 through June 2019.
Freightco is a third-party logistics company headquartered in
Denver, Colorado, that facilitates the domestic transportation of
nationally; and functions as a broker connecting companies that
need to ship freight with carriers to ship that freight.[BN]
The Plaintiff is represented by:
Clifford P. Bendau, II, Esq.
Christopher J. Bendau, Esq.
BENDAU & BENDAU PLLC
P.O. Box 97066
Phoenix, AZ 85060
Phone: (480) 382-5176
Fax: (480) 304-3805
Email: cliffordbendau@bendaulaw.com
chris@bendaulaw.com
- and –
James L. Simon, Esq.
THE LAW OFFICES OF SIMON & SIMON
6000 Freedom Square Dr.
Independence, OH 44131
Phone: (216) 525-8890
Fax: (216) 642-5814
Email: jameslsimonlaw@yahoo.com
GLOBALSCAPE INC: Hawley Sues D&Os Over Unfair Tender Offer
----------------------------------------------------------
MICHAEL HAWLEY, individually and on behalf of all others similarly
situated, Plaintiff v. ROBERT ALPERT, THOMAS E. HICKS, DAVID L.
MANN, and C. CLARK WEBB, Defendants, Case No. 2020-0659 (Del. Ch.,
August 10, 2020) is a class action against the Defendants for
alleged breach of fiduciary duties.
According to the complaint, the Defendants have violated their
fiduciary duties to the public stockholders of GlobalSCAPE, Inc.,
including the Plaintiff, by failing to provide them all material
information with regards to the tender offer of GlobalSCAPE by
Help/Systems, LLC and Grail Merger Sub, Inc. The offer price for
the transaction constitutes a 32.8% discount to GlobalSCAPE's
52-week high stock price and a 1.4% - 2.8% discount to the 30-, 60-
and 90-day volume weighted average price (VWAP). Accordingly, the
tender offer fails to maximize stockholder value but the Defendants
agreed to hand over GlobalSCAPE and its future prospects to
Help/Systems for a demonstrably unfair price. In order to convince
stockholders to tender their shares in favor of the transaction,
the Defendants authorized the filing of a materially incomplete and
misleading recommendation statement. The statement includes the
following misleading information: (i) GlobalSCAPE's financial
projections, used by B. Riley FBR, Inc. in support of its fairness
opinion; (ii) certain nondisclosure agreements executed during the
sales process; and (iii) details concerning the relationship and
compensation received by the company's exclusive financial advisor,
Stephens, Inc.
As a result of the Defendants' acts and omissions, the Plaintiff
and the Class will suffer irreparable injury, and that they face
the irreparable injury of an uninformed tender offer. [BN]
The Plaintiff is represented by:
Blake A. Bennett, Esq.
COOCH AND TAYLOR, P.A.
The Nemours Building
1007 N. Orange St., Suite 1120
Wilmington DE 19801
Telephone: (302) 984-3889
- and –
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, NY 10118
Telephone: (646) 300-8921
Facsimile: (212) 202-7880
E-mail: jmonteverde@monteverdelaw.com
- and –
Michael Palestina, Esq.
KAHN SWICK & FOTI, LLC
1100 Poydras Street, Suite 3200
New Orleans, LA 70163
Telephone: (504) 455-1400
(504) 648-1843
Facsimile: (504) 455-1498
E-mail: michael.palestina@ksfcounsel.com
GOTHAM CITY CAPITAL: Benitez Sues Over Unsolicited Phone Call Ads
-----------------------------------------------------------------
MARIANO BENITEZ, individually and on behalf of all others similarly
situated v. GOTHAM CITY CAPITAL, LLC, DOES 1 through 10, inclusive,
Case No. 3:20-cv-01582-BEN-MDD (S.D. Cal., Aug. 17, 2020), is
brought against the Defendants for their alleged negligent and
willful violation of the Telephone Consumer Protection Act.
According to the complaint, the Company contacted the Plaintiff on
his cellular telephone number beginning on March 6, 2018, in an
attempt to promote its services. The Company allegedly used an
"automatic telephone dialing system" (ATDS) in placing its calls to
the Plaintiff even though without his "prior express consent" to
receive calls using ATDS or an artificial or prerecorded voice on
his cellular telephone.
Gotham City Capital, LLC, is a small business loan company. [BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard St., Suite 780
Woodland Hills, CA 91367
Tel: 877-619-8966
Fax: 866-633-0228
Email: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
GT PIZZA: McGrothers Seeks Minimum Wage for Delivery Drivers
------------------------------------------------------------
William McGrothers, On behalf of himself and those similarly
situated, Plaintiff, v. GT Pizza, Inc. d/b/a Domino's Pizza; Glen
Stroud; Doe Corporation 1-10; John Doe 1- 10; Defendants, Case No.
2:20-cv-04050-ALM-CMV (S.D. Ohio, August 7, 2020) seeks appropriate
monetary, declaratory, and equitable relief based on Defendants'
willful failure to compensate Plaintiff and similarly-situated
individuals with minimum wages as required by the Fair Labor
Standards Act ("FLSA"), 29 U.S.C. Section 201, et seq., the Ohio
Constitution, Article II, Section 34a, O.R.C. Section 4113.15
(Ohio's "Prompt Pay Act"), and O.R.C. Section 2307.60.
Plaintiff seeks to represent the delivery drivers who have worked
at Defendants' Domino's stores.
Defendants repeatedly and willfully violated the Fair Labor
Standards Act, Section 34a, and the Ohio Prompt Pay Act by failing
to adequately reimburse delivery drivers for their delivery-related
expenses, thereby failing to pay delivery drivers the legally
mandated minimum wages for all hours worked.
Defendants have also failed to properly take a tip credit from
Plaintiffs' wages and the wages of similarly situated employees
because, after accounting for unreimbursed expenses, Defendants
have paid delivery drivers a lower wage rate than they informed the
delivery drivers they would be paid.
GT Pizza, Inc. is an Ohio-based company that operates Domino's
pizza restaurant chain.[BN]
The Plaintiff is represented by:
Andrew R. Biller, Esq.
Biller & Kimble, LLC
4200 Regent Street, Suite 200
Columbus, OH 43219
Telephone: (614) 604-8759
Facsimile: (614) 340-4620
E-mail: abiller@billerkimble.com
- and -
Andrew P. Kimble, Esq.
Philip J. Krzeski, Esq.
Nathan B. Spencer, Esq.
BILLER & KIMBLE, LLC
3825 Edwards Road, Suite 650
Cincinnati, OH 45209
Telephone: (513) 715-8711
Facsimile: (614) 340-4620
E-mail: akimble@billerkimble.com
pkrzeski@billerkimble.com
nspencer@billerkimble.com
HARMAN-MANAGEMENT: Wins Final OK of $4-Mil. Settlement in Larson
----------------------------------------------------------------
The U.S. District Court for the Eastern District of California
issued an Order granting final approval of the parties' class
action settlement in the case captioned CORY LARSON, on behalf of
himself and all others similarly situated v. HARMAN-MANAGEMENT
CORPORATION, Case No. 1:16-cv-00219-DAD-SKO (E.D. Cal.).
The settlement is for a non-reversionary common fund of $4,000,000.
After deducting the costs of administering the settlement, the fees
and costs of class counsel, and the incentive payment to plaintiff,
"[e]ach Settlement Class Member who submitted a simple claim form
will receive a pro rata share of the net fund, $2,737,012.61." A
total of 17,897 claim forms have been received. Of those, 17,439
"are complete and valid claim forms." Accordingly, the claims rate
is approximately 7.5% of all putative settlement class members. The
17,439 class members, who submitted complete and valid claim forms
will receive $156.95 each.
In this action, the Plaintiff alleges that Harman sent
unauthorized, automated text messages to putative class members'
cellular phones in violation of the Telephone Consumer Protection
Act. The certified class is defined as:
All individuals and entities who were sent text messages
from, or related to, the A&W Text Club between February 17,
2012 and the date of entry of the Preliminary Approval
Order.
The Court rules that:
1. Plaintiff's motion for final approval of the class action
settlement is granted, the settlement class is certified,
and the court approves the settlement as fair, reasonable,
and adequate:
a. The Privacy Rights Clearinghouse is approved as the
parties' cy pres beneficiary;
b. The four putative class members who opted out of the
settlement and the settlement class are not bound by and
are excluded from the settlement;
c. The parties are directed to effectuate all terms of the
settlement agreement and any deadlines or procedures for
distribution therein;
2. Plaintiff's motion for attorneys' fees and costs and an
incentive award is granted, and the court awards the
following sums:
a. Class counsel shall receive $1,000,000.00 in attorneys'
fees and $42,987.39 in expenses;
b. Plaintiff Larson shall receive $10,000.00 as an
incentive payment; and
c. KCC Class Action Services, LLC shall receive at most
$210,000.00 in settlement administration costs and
expenses, with any unspent funds attributed to costs and
expenses being returned to the common fund;
3. This action is dismissed with prejudice in accordance with
the terms of the settlement agreement, with the court
specifically retaining jurisdiction over this action for
the purpose of enforcing the parties' settlement agreement;
and
4. The Clerk of the Court is directed to close this case.
A full-text copy of the District Court's June 18, 2020 Order is
available at https://tinyurl.com/y7e3nrz4 from Leagle.com.
HARTFORD FINANCIAL: Baked Daily Seeks Payment for COVID-19 Losses
-----------------------------------------------------------------
BAKED DAILY CORPORATION DBA PANIFICIO, on behalf of itself and all
others similarly situated, Plaintiff v. THE HARTFORD FINANCIAL
SERVICES GROUP, INC.; and TWIN CITY FIRE INSURANCE CO., Defendants,
Case No. 1:20-cv-11385-DPW (D. Mass., July 23, 2020) is an action
arising out of the Plaintiff's insurance coverage claims under the
"all risks" insurance policies sold and insured by the Defendants.
According to the complaint, the Plaintiff and members of the
Classes have business interruption insurance coverage and/or civil
authority coverage under their policies with the Defendants.
The Defendants' policy expressly provides coverage for loss of
"Business Income" and "Extra Expense" and the consequences of
actions by "Civil Authority." Because of this express coverage, the
Plaintiff and the Classes believed their policies, which they had
paid significant premiums for, would protect their businesses from
the unlikely event that a pandemic would render the Plaintiff and
the Classes unable to use their properties for their intended
purpose or that state and local governments would issue orders to
stop or substantially restrict their operations in connection with
a pandemic or any other Covered Cause of Loss.
Contrary to the coverage provisions in their insurance policies
with the Defendants, the Defendants have universally denied
coverage to the Plaintiff and members of the Classes and have
refused to honor the contractual obligations the Defendants had
under the policies.
The Hartford Financial Services Group, Inc. provides a range of
insurance products. The Company's products include property and
casualty insurance, group benefits, and mutual funds. Hartford
Financial Services Group operates in the United States. [BN
The Plaintiff is represented by:
Edward F. Haber, Esq.
Michelle H. Blauner, Esq.
Ian J. McLoughlin, Esq.
Adam M. Stewart, Esq.
Patrick J. Vallely, Esq.
SHAPIRO HABER & URMY LLP
2 Seaport Lane
Boston, MA 02210
Telephone: (617) 439-3939
Facsimile: (617) 439-0134
E-mail: ehaber@shulaw.com
mblauner@shulaw.com
imcloughlin@shulaw.com
astewart@shulaw.com
pvallely@shulaw.com
HENRY SCHEIN: Hollywood Police Officers Ret. System Suit Pending
----------------------------------------------------------------
Henry Schein, Inc. in its Form 10-Q Report filed with the
Securities and Exchange Commission for the quarterly period ended
June 27, 2020, that the company continues to defend a putative
class action suit initiated by the City of Hollywood Police
Officers Retirement System.
On September 30, 2019, the City of Hollywood Police Officers
Retirement System, individually and on behalf of all others
similarly situated, filed a putative class action complaint for
violation of the federal securities laws against Henry Schein,
Inc., Covetrus, Inc., and Benjamin Shaw and Christine Komola
(Covetrus's then Chief Executive Officer and Chief Financial
Officer, respectively) in the U.S. District Court for the Eastern
District of New York, Case No. 2:19-cv-05530-FB-RLM.
The complaint seeks to certify a class consisting of all persons
and entities who, subject to certain exclusions, purchased or
otherwise acquired Covetrus common stock from February 8, 2019
through August 12, 2019.
The case relates to the Animal Health Spin-off and Merger of the
Henry Schein Animal Health Business with Vets First Choice in
February 2019. The complaint alleges violations of Sections 10(b)
and 20(a) of the Exchange Act and SEC Rule 10b-5 and asserts that
defendants' statements in the offering documents and after the
transaction were materially false and misleading because they
purportedly overstated Covetrus's capabilities as to inventory
management and supply-chain services, understated the costs of
integrating the Henry Schein Animal Health Business and Vets First
Choice, understated Covetrus's separation costs from Henry Schein,
and understated the impact on earnings from online competition and
alternative distribution channels and from the loss of an allegedly
large customer in North America just before the Separation and
Merger.
The complaint seeks unspecified monetary damages and a jury trial.
Pursuant to the provisions of the PSLRA, the court appointed lead
plaintiff and lead counsel on December 23, 2019.
Lead plaintiff filed a Consolidated Class Action Complaint on
February 21, 2020. Lead plaintiff added Steve Paladino, the
company's Chief Financial Officer, as a defendant in the action.
Lead plaintiff filed an Amended Consolidated Class Action Complaint
on May 21, 2020, in which it added a claim that Mr. Paladino is a
"control person" of Covetrus.
Henry Schein said, "We intend to defend ourselves vigorously
against this action."
No further updates were provided in the Company's SEC report.
Henry Schein, Inc. provides health care products and services to
dental practitioners and laboratories, physician practices,
government, institutional health care clinics, and other alternate
care clinics worldwide. It operates through two segments, Health
Care Distribution, and Technology and Value-Added Services. The
company was founded in 1932 and is headquartered in Melville, New
York.
HENRY SCHEIN: Suit by Marion Diagnostic Center Underway
-------------------------------------------------------
Henry Schein, Inc. in its Form 10-Q Report filed with the
Securities and Exchange Commission for the quarterly period ended
June 27, 2020, that Becton, Dickinson, and Co. continues to defend
a purported class action suit entitled Marion Diagnostic Center,
LLC, et al. v. Becton, Dickinson, and Co., et al., Case No.
3:18-cv-010509.
On May 3, 2018, a purported class action complaint, Marion
Diagnostic Center, LLC, et al. v. Becton, Dickinson, and Co., et
al., Case No. 3:18-cv-010509, was filed in the U.S. District Court
for the Southern District of Illinois against Becton, Dickinson,
and Co. ("Becton"); Premier, Inc. ("Premier"), Vizient, Inc.
("Vizient"), Cardinal Health, Inc. ("Cardinal"), Owens & Minor Inc.
("O&M"), Henry Schein, Inc., and Unnamed Becton Distributor
Co-Conspirators.
The complaint alleges that the defendants entered into a vertical
conspiracy to force health care providers into long-term
exclusionary contracts that restrain trade in the nationwide
markets for conventional and safety syringes and safety IV
catheters and inflate the prices of certain Becton products to
above-competitive levels.
The named plaintiffs seek to represent three separate classes
consisting of all health care providers that purchased (i) Becton's
conventional syringes, (ii) Becton's safety syringes, or (iii)
Becton's safety catheters directly from Becton, Premier, Vizient,
Cardinal, O&M or Henry Schein on or after May 3, 2014. The
complaint asserts a single count under Section 1 of the Sherman
Act, and seeks equitable relief, treble damages, reasonable
attorneys' fees and costs and expenses, and pre-judgment and
post-judgment interest.
On June 15, 2018, an amended complaint was filed asserting the same
allegations against the same parties and adding McKesson
Medical-Surgical, Inc. as a defendant.
On November 30, 2018, the District Court granted defendants' motion
to dismiss and entered a final judgment, dismissing plaintiffs'
complaint with prejudice. On December 27, 2018, plaintiffs appealed
the District Court's decision to the Seventh Circuit Court of
Appeals.
The parties argued the appeal on September 27, 2019. On March 5,
2020, the Seventh Circuit Court of Appeals reversed the District
Court's decision.
The Seventh Circuit held that plaintiffs failed to adequately
allege the necessary conspiracy by the defendants, but should be
provided an opportunity to amend their complaint.
The Seventh Circuit vacated the District Court's judgment, and
remanded the case for further proceedings consistent with its
opinion.
Plaintiffs' counsel have indicated that they intend to amend their
complaint.
Henry Schein, Inc. provides health care products and services to
dental practitioners and laboratories, physician practices,
government, institutional health care clinics, and other alternate
care clinics worldwide. It operates through two segments, Health
Care Distribution, and Technology and Value-Added Services. The
company was founded in 1932 and is headquartered in Melville, New
York.
HERITAGE COMPANY: Yasevich, et al. Seek to Certify Employees Class
------------------------------------------------------------------
In class action lawsuit captioned as JOHNATHAN YASEVICH, et al.,
Each Individually and on Behalf of All Others Similarly Situated,
v. THE HERITAGE COMPANY, INC., and SANDRA FRANECKE, Case No.
3:20-cv-00019-KGB (E.D. Ark.), the Plaintiffs ask the Court for an
order:
1. certifying a class defined as:
"all employees who worked for The Heritage Company, Inc.,
and Sandra Franecke in Arkansas the Sherwood, Searcy or
Jonesboro facilities as of December 22, 2019";
2. designating Kailey Dickerson, Kathy Burdess, Katrina
Grimes, Marni Chagala, Megan Fisher, Paula Gammons, Ronald
Denney, Shelly Thomason, Sherri Denney, Sierra Nelson,
Stephanie Dunbar, and Stephen Parnell as class
representatives;
3. appointing attorneys Daniel Ford and Josh Sanford and the
Sanford Law Firm, PLLC, as class counsel to represent them
in this case pursuant to Rule 23(g);
4. approving the Plaintiffs' proposed Notice, and directing
that that the same be sent to all Unnamed Class Members
who fall within the class definition;
5. granting their counsel a period of 21 days--beginning on
the date on which the Defendants fully and completely
release the Unnamed Class Members' contact information to
the Plaintiffs' counsel--during which to distribute the
Notice and receive opt-out requests.
6. directing the Defendants to provide the names, and last
known home and work addresses, and email addresses of
class members in an electronically manipulatable format no
later than two weeks after the date of the entry of the
Order; and
7. directing the Defendants to provide the dates of birth and
partial social security numbers for any class members
whose mailed notice is returned by the post office.
Heritage Company provides fund raising services. The Company offers
business-to-business and residential telefundraising services, as
well as provides print and mail services, inbound teleservices and
donor relationship management, collegiate, hospital, and specialty
fundraising services.[CC]
The Plaintiffs are represented by:
Daniel Ford, Esq.
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 South Shackleford, Suite 411
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: daniel@sanfordlawfirm.com
josh@sanfordlawfirm.com
HOSTESS BRANDS: Carrot Cake Donuts' Label "Deceptive," James Claims
-------------------------------------------------------------------
DONNA JAMES, individually and on behalf of all others similarly
situated, Plaintiff v. HOSTESS BRANDS, LLC, Defendant, Case No.
1:20-cv-06259 (S.D.N.Y., August 9, 2020) is a class action against
the Defendant for violation of the New York General Business Law;
negligent misrepresentation; breaches of express warranty, implied
warranty of merchantability and the Magnuson Moss Warranty Act;
fraud; and unjust enrichment.
The Plaintiff, on behalf of herself and all others similarly
situated consumers, alleges that the Defendant is engaged in
deceptive and misleading labeling of the Hostess carrot cake
donuts. The product's front label represents to consumers,
including the Plaintiff, that the food's primary recognizable
flavor is from carrots. However, the product does not contain any
carrots in a form expected by consumers. Instead, the carrot taste
of the product is provided by natural and artificial flavor as
indicated in the small print on the ingredient list. The Plaintiff
and other consumers cannot tell from the ingredient list that the
product does not contain real carrots, since they are unfamiliar
with complicated food labeling regulations that companies are
required to follow to prevent deception.
As a result of the Defendant's deceptive conduct, the Plaintiff and
Class members purchased the Hostess carrot cake donuts at a premium
price. Had they known the truth, they would not have bought the
product or would have paid less for them.
Hostess Brands, LLC is an American bakery company with a principal
place of business in Kansas City, Missouri, Jackson County. [BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd. Ste. 409
Great Neck, NY 11021-3104
Telephone: (516) 303-0552
Facsimile: (516) 234-7800
E-mail: spencer@spencersheehan.com
INFINITY HEALTHCARE: Lange Sues Over Unpaid OT, ERISA Breach
------------------------------------------------------------
AMANDA C. LANGE, on behalf of herself and all others similarly
situated, and as representative of a Class of Participants and
Beneficiaries of the Infinity Healthcare, Inc. Employees' Flexible
Profit Sharing Plan, Plaintiff, v. INFINITY HEALTHCARE PHYSICIANS,
S.C., 111 East Wisconsin Avenue, Suite 2100 Milwaukee, Wisconsin
53202 and INFINITY HEALTHCARE, INC. 111 East Wisconsin Avenue,
Suite 2100 Milwaukee, Wisconsin 53202 and THE BOARD OF DIRECTORS OF
INFINITY HEALTHCARE, INC. 111 East Wisconsin Avenue, Suite 2100
Milwaukee, Wisconsin 53202 and JOHN DOES 1-30, Defendants, Case No.
3:20-cv-00737 (W.D. Wis., August 7, 2020) is a collective and class
action brought pursuant to the Fair Labor Standards Act of 1938, as
amended, ("FLSA"), Wisconsin's Wage Payment and Collection Laws,
Wis. Stat. Section 109.01 et seq., Wis. Stat. Section 104.01 et
seq., Wis. Stat. Section 103.001 et seq., Wis. Admin. Code Section
DWD 274.01 et seq., Wis. Admin. Code Section DWD 272.001 et seq.
("WWPCL"), the Employee Retirement Income Security Act of 1974
("ERISA"), and Fed. R. Civ. P. 23, by Plaintiff against
Defendants.
Plaintiff bring the FLSA and WWPCL claims and causes of action
against Defendant Infinity Physician on behalf of herself and all
other similarly-situated current and former hourly-paid, non-exempt
employees of Defendant Infinity Physician for purposes of obtaining
relief under the FLSA and WWPCL for unpaid overtime compensation,
liquidated damages, costs, attorneys' fees, declaratory and/or
injunctive relief, and/or any such other relief the Court may deem
appropriate.
According to the complaint, Defendant Infinity Physician operated
an unlawful compensation system that deprived Plaintiff and all
other hourly-paid, non-exempt employees of their wages earned for
all compensable work performed each workweek, including at an
overtime rate of pay for each hour worked in excess of 40 hours in
a workweek, by failing to include all forms of non-discretionary
compensation, such as monetary bonuses, shift differentials,
incentives, awards, special project pay, urgent care pay, emergency
department pay, wound care pay, stipends, and/or other rewards and
payments, in all current and former hourly-paid, non-exempt
employees' regular rates of pay for overtime calculation purposes,
in violation of the FLSA and WWPCL.
Additionally, the law is settled that ERISA fiduciaries have a duty
to evaluate fees and expenses when selecting recordkeepers,
investments, and service providers, as well as a continuing duty to
monitor fees and expenses of selected recordkeepers, investments,
and service providers, and remove imprudent ones.
Plaintiff alleges that during the putative Class Period, ERISA
Defendants, as fiduciaries of the Plan, breached the duties they
owed to the Plan, to Plaintiff, and to the other participants of
the Plan by, among other things: (1) authorizing the Plan to pay
unreasonably high fees for recordkeeping and administration (RK&A);
and (2) failing to objectively and adequately review the Plan's
investment portfolio with due care to ensure that each investment
option was prudent, in terms of cost.
Infinity Healthcare is a Wisconsin-based multispecialty medical
group practice specializing in Emergency Medicine, Anesthesiology,
Hospitalist Services, Radiology, and Imaging Services, Wound
Care/HBO, Telemedicine, and Occupational Medicine.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
Paul M. Secunda, Esq.
WALCHESKE & LUZI, LLC
15850 W. Bluemound Rd., Suite 304
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-Mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
psecunda@walcheskeluzi.com
INSPERITY INC: Continues to Defend 401(k) Plan Class Action
-----------------------------------------------------------
Insperity, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission for the quarterly period ended
June 30, 2020, that the company continues to defend itself in a
class action suit related to its 401(k) retirement plan.
In December 2015, a class action lawsuit was filed against the
company and a third-party who served as the discretionary trustee
of the Insperity 401(k) retirement plan that is available to
eligible worksite employees (the "Plan") in the United States
District Court for the Northern District of Georgia, Atlanta
Division, on behalf of Plan participants.
The suit generally alleges the third-party discretionary trustee of
the Plan and Insperity breached their fiduciary duties to plan
participants by selecting an Insperity subsidiary to serve as the
recordkeeper for the Plan, by causing participants in the Plan to
pay excessive recordkeeping fees to the Insperity subsidiary, by
failing to monitor other fiduciaries, and by making imprudent
investment choices.
The court certified a class defined as "all participants and
beneficiaries of the Insperity 401(k) Plan from December 22, 2009
through September 30, 2017."
The court dismissed the breach of fiduciary duty claims relating to
the selection of an Insperity subsidiary to serve as the
recordkeeper of the Plan.
On March 28, 2019, the court partially granted Insperity's motion
for summary judgment, resulting in the dismissal of the claims
concerning allegations of excessive recordkeeping fees. The court
denied plaintiffs' request for a jury trial and set a bench trial,
which was held from March 2, 2020 to March 13, 2020.
At trial, plaintiffs alleged damages up to approximately $146
million against all defendants.
All parties filed proposed findings of fact and conclusions of law
on June 15, 2020, and the company is now awaiting judgment from the
court.
Insperity said, "We believe we presented meritorious defenses, and
we intend to continue to vigorously defend this litigation in the
post-trial proceedings. As a result of uncertainty regarding the
outcome of this matter, no provision has been made in the
accompanying Consolidated Financial Statements."
Insperity, Inc. provides human resources (HR) and business
solutions to enhance business performance for small and
medium-sized businesses in the United States. The company was
formerly known as Administaff, Inc. and changed its name to
Insperity, Inc. in March 2011. Insperity, Inc. was founded in 1986
and is headquartered in Houston, Texas.
INSPERITY INC: Defends Building Trades Pension Fund Suit
--------------------------------------------------------
Insperity, Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission for the quarterly period ended
June 30, 2020, that the company was named as a defendant in a
federal securities class action suit initiated by Building Trades
Pension Fund of Western Pennsylvania.
In July 2020, the Building Trades Pension Fund of Western
Pennsylvania, individually and on behalf of all others similarly
situated, filed a federal securities class action against the
company and certain officers in the United States District Court
for the Southern District of New York.
The complaint alleges that we made materially false and misleading
statements regarding our business and operations in violation of
the federal securities laws and seeks unspecified damages, the
payment of reasonable attorneys'fees, expert fees and other costs,
and such other relief that may be deemed proper.
Insperity said "We believe these allegations are without merit, and
we intend to vigorously defend this litigation. As a result of
uncertainty regarding the outcome of this matter, no provision has
been made in the accompanying Consolidated Financial Statements."
Insperity, Inc. provides human resources (HR) and business
solutions to enhance business performance for small and
medium-sized businesses in the United States. The company was
formerly known as Administaff, Inc. and changed its name to
Insperity, Inc. in March 2011. Insperity, Inc. was founded in 1986
and is headquartered in Houston, Texas.
INTERNET HOBBY: Calcano Sues in S.D. New York Over ADA Violation
----------------------------------------------------------------
A class action lawsuit has been filed against Internet Hobby
Supply, Inc. The case is styled as Marcos Calcano, on behalf of
himself and all other persons similarly situated v. Internet Hobby
Supply, Inc., Case No. 1:20-cv-06777 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Internet Hobby Supply, Inc., is an online retailer of collecting
supplies and accessories.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
J.P. MORGAN: Budo Alleges Manipulation of Treasury Futures Prices
-----------------------------------------------------------------
BUDO TRADING LLC, individually and on behalf of all others
similarly situated, Plaintiff v. J.P. MORGAN CHASE & CO.; J.P.
MORGAN CLEARING CORP.; J.P. MORGAN SECURITIES LLC; J.P. MORGAN
FUTURES, INC. (now known as J.P. MORGAN SECURITIES LLC); and JOHN
DOES 1-50, Defendants, Case No. 1:20-cv-05772 (S.D.N.Y., July 24,
2020) is brought under the Commody Exchange Act for losses suffered
when the Plaintiff and the Class purchased and sold U.S. Treasury
futures contracts and options on those contracts ("Treasury
Futures") on domestic exchanges at artificial prices that were the
result of spoofing and market manipulation by J.P. Morgan.
The Plaintiff alleges in the complaint that beginning in 2009, J.P.
Morgan used an illegal trading strategy called "spoofing" --
entering orders to buy or sell Treasury Futures though it never
intended to execute those orders -- to fool everyone else and
create an artificial appearance of market demand and artificial
prices.
JPMorgan Chase & Co. provides global financial services and retail
banking. The Company provides services such as investment banking,
treasury and securities services, asset management, private
banking, card member services, commercial banking, and home
finance. JP Morgan Chase serves business enterprises, institutions,
and individuals. [BN]
The Plaintiff is represented by:
Christopher M. Burke, Esq.
Thomas K. Boardman, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: 212-233-6444
Facsimile: 212-233-6334
E-mail: cburke@scott-scott.com
tboardman@scott-scott.com
- and -
Douglas A. Millen, Esq.
Steven A. Kanner, Esq.
Brian M. Hogan, Esq.
FREED KANNER LONDON & MILLEN LLC
2201 Waukegan Road, Suite 130
Bannockburn, IL 60015
Telephone: 224-632-4500
Facsimile: 224-632-4521
E-mail: dmillen@fklmlaw.com
skanner@fklmlaw.com
bhogan@fklmlaw.com
- and -
Jonathan M. Shapiro, Esq.
AETON LAW PARTNERS LLP
101 Centerpoint Drive, Suite 105
Middletown, CT 06457
Telephone: 860-740-0321
E-mail: jms@aetonlaw.com
JABA PRO STONE: Sosa Sues to Recover Overtime Wages Under FLSA
--------------------------------------------------------------
Roberto Daniel Sosa, and other similarly situated individuals v.
JABA PRO STONE CORP. d/b/a Jaba Pro f/k/a Jaba Professional
Services Corp. f/k/a Jaba Pro LLC, JOSE BUSTAMANTE and VALERIE G.
BUSTAMANTE, Case No. 0:20-cv-61699-RKA (S.D. Fla., Aug. 21, 2020),
seeks to recover money damages for unpaid overtime wages under the
Fair Labor Standards Act.
According to the complaint, the Plaintiff worked approximately an
average of 50-60 hours per week without being compensated at the
rate of not less than one- and one-half times the regular rate at
which he was employed. However, the Defendant did not properly
compensate the Plaintiff for hours that Plaintiff worked in excess
of 40 per week. In addition, the Defendant unlawfully deducted the
amount of approximately $1,446.46 from the Plaintiff's wages
because he had allegedly done a bad job.
The Defendants willfully and intentionally refused to pay the
Plaintiff overtime wages as required by the laws of the United
States and remains owing the Plaintiff overtime wages since the
commencement of the his employment with the Defendants, says the
complaint.
The Plaintiff was employed as a construction worker.
The Defendants are Florida companies and Florida residents,
respectively, having places of business in Broward County,
Florida.[BN]
The Plaintiff is represented by:
Tanesha Blye, Esq.
Aron Smukler, Esq.
R. Martin Saenz, Esq.
SAENZ & ANDERSON, PLLC
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Phone: (305) 503-5131
Facsimile: (305) 652-5859
Email: tblye@saenzanderson.com
asmukler@saenzanderson.com
msaenz@saenzanderson.com
JEFFERSON COUNTY, NY: Nourse Loses Bid to Certify Inmates Class
---------------------------------------------------------------
The U.S. District Court for the Northern District of New York
issued a Memorandum-Decision and Order denying the Plaintiff's
Motion for Class Certification in the case captioned BRAD NOURSE,
both individually and on behalf of a class of others similarly
situated v. THE COUNTY OF JEFFERSON, Case No. 1:17-cv-00807
(BKS/DJS) (N.D.N.Y.).
Brad Nourse brings this proposed class action under 42 U.S.C.
Section 1983 against the Defendant, County of Jefferson, New York,
alleging that his Fourth Amendment right against unreasonable
searches was violated when he was strip searched during intake
processing at the Jefferson County Jail (the "Jail") without being
provided reasonable time to post bail.
The Plaintiff seeks to certify this class:
All persons who have been or will be placed into the custody
of the Jefferson County Jail after being charged with
misdemeanors, violations, traffic infractions, civil
commitments or other minor crimes and being eligible for
bail, and were or will be immediately strip searched upon
their entry into the Jefferson County Jail pursuant to the
policy, custom and practice of the Jefferson County
Sheriff's Department and the County of Jefferson, and who
posted bail within four hours of their entry into the
facility. The class period commences on July 21, 2014 and
extends to the date on which the Jefferson County Sheriff's
Department and/or the County of Jefferson are enjoined from,
or otherwise cease, enforcing their unconstitutional policy,
practice and custom of conducting strip searches of
pre-trial detainees absent providing them with a reasonable
opportunity to post bail. Specifically excluded from the
class are Defendant and any and all of their respective
affiliates, legal representatives, heirs, successors,
employees or assignees.
In denying the Plaintiff's Motion, District Judge Brenda K. Sannes
states that the Plaintiff has failed to show that the question
whether the Jail "had adequate space to hold detainees apart from
the general population for a reasonable period of time to allow
them to post bail" will generate "common answers apt to drive the
resolution of the litigation," citing Wal-Mart Stores, 564 U.S. at
350. Instead, there will be different answers depending on the
activity and staffing in the booking area during the relevant time
period. Thus, the Plaintiff fails to meet the commonality
requirement for class certification.
Judge Sannes also opines that the Plaintiff has failed to meet the
typicality requirement for class certification, as well as his
burden of showing predominance.
A full-text copy of the District Court's June 18, 2020 Memorandum
Decision and Order Opinion is available at
https://tinyurl.com/ycthtfm4 from Leagle.com.
Elmer Robert Keach, III -- bobkeach@keachlawfirm.com -- Maria K.
Dyson -- mariadyson@keachlawfirm.com -- Law Offices of Elmer Robert
Keach, III, PC, in Albany, New York, for the Plaintiff.
Teresa M. Bennett -- tbennett@barclaydamon.com -- Anneliese Aliasso
-- tbennett@barclaydamon.com -- Barclay Damon LLP, in Syracuse, New
York, for the Defendant.
JOHNSON & WALES: Web Site Not Accessible to Blind, Hedges Claims
----------------------------------------------------------------
DONNA HEDGES, individually and on behalf of all others similarly
situated v. JOHNSON & WALES UNIVERSITY, Case 1:20-cv-06046
(S.D.N.Y., Aug. 3, 2020), alleges violation of the Americans with
Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.jwu.edu/, is not fully or equally accessible to
blind and visually-impaired consumers in violation of the Americans
with Disabilities Act. The Plaintiff seeks a permanent injunction
to cause a change in the Defendant's corporate policies, practices,
and procedures so that the Defendant's Web site will become and
remain accessible to blind and visually-impaired consumers.
Johnson & Wales University (JWU) offers degrees in both
undergraduate and graduate level curriculum. The University
provides graduate and undergraduate degree courses in accounting,
advertising, business administration, computer programming,
marketing, engineering, criminal justice, and travel.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: nyjg@aol.com
danalgottlieb@aol.com
JOSEPH ROMA: Fails to Pay Laborers' Overtime Wages, Tosta Claims
----------------------------------------------------------------
WALTER SALOMON FLORES TOSTA, individually and on behalf of all
others similarly situated v. JOSEPH ROMA & SONS CONSTRUCTION INC.,
JOHN ROMA, and JOSEPH ROMA, Case No. 1:20-cv-06710 (S.D.N.Y., Aug.
20, 2020), alleges that the Defendants violated the Fair Labor
Standards Act and New York Labor Law by failing to compensate the
Plaintiff and other laborers overtime pay for all hours worked in
excess of 40 hours in a workweek.
The Defendants have also allegedly failed to keep and maintain
accurate records of their total worked hours, and to provide
accurate statement of wages.
The Plaintiff was employed by the Defendants as a general laborer
in New York from May 2011 until June 2016 and then again from March
2017 until December 2018.
Joseph Roma & Sons Construction Inc. is a landscaping company with
its principal place of business located at 330 Stratton Road, in
New Rochelle, New York. [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
K & M INTERNATIONAL: Hecht Files ADA Class Suit in S.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against K. & M.
International, Inc. The case is styled as Irene Hecht, on behalf of
herself and all others similarly situated v. K. & M. International,
Inc., Case No. 1:20-cv-06722 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
K. & M. International, Inc., doing business as Wild Republic,
distributes stuffed animals. The Company offers rubber and action
toys, building sets, games, and toy accessories.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (845) 367-7146
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
K&N ENG'G: Penrod, et al. Appeal Decision in Class Action Suit
--------------------------------------------------------------
Gus Erpenbach, John Penrod and Juan Welsh have taken an appeal from
the District Court's Opinion and Order dated Jan. 17, 2020, and
Judgment Jan. 21, 2020, entered in the lawsuit styled JOHN PENROD,
GUS ERPENBACH, and JUAN WELSH, individually and on behalf of
themselves and all others similarly situated v. K&N ENGINEERING,
INC., Case No. 0:18-cv-02907 (D. Minn., October 11, 2018).
The Court granted Defendant's Motion to Dismiss for lack of
subject-matter jurisdiction; and dismissed Plaintiffs' claims
without prejudice.
The appellate case is captioned as John Penrod, et al. v. K&N
Engineering, Inc., Case No. 20-1355, in the United States Court of
Appeals for the Eighth Circuit.
As reported in the Class Action Reporter, the suit is brought on
behalf of a class of current and former purchasers of engine oil
filters used for motorcycles and power sport vehicles, which were
designed, manufactured, marketed, and sold to consumers across the
United States by K&N.
According to the complaint, the oil filters at issue bear K&N model
numbers KN138, KN204, and KN303. The action arises from the
Defendant's alleged failure to disclose to the Plaintiffs and
similarly situated consumers that the Oil Filters contain a
structural and manufacturing defect whereby they can suddenly
separate or fracture causing pressurized and hot engine oil to
erupt and spill onto the person, engine, components, tires, and
riding surfaces (the "Separation Defect"). This eruption results
in possible engine fires, engine failures, vehicle crashes,
personal injuries, and other economic damages.
K&N designs, manufactures, markets, distributes, and/or sells oil
filters, air filters, and other products designed for cars, trucks,
motorcycles, engines, and other industrial applications.[BN]
The Plaintiffs-Appellants John Penrod Gus Erpenbach, and Juan
Welsh, all individually and on behalf of themselves and all others
similarly situated, are represented by:
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
Catherine K. Smith, Esq.
Ling S. Wang, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
csmith@gustafsongluek.com
lwang@gustafsongluek.com
- and -
Matthew D. Schelkopf, Esq.
Joseph G. Sauder, Esq.
Joseph B. Kenney, Esq.
SAUDER SCHELKOPF
555 Lancaster Avenue
Berwyn, PA 19312
Telephone: (610) 200-0581
Facsimile: (610) 421-1326
E-mail: mds@sstriallawyers.com
jgs@sstriallawyers.com
jbk@sstriallawyers.com
- and -
Richard D. McCune, Esq.
David C. Wright, Esq.
MCCUNE WRIGHT AREVALO, LLP
3281 East Guasti Road, Suite 100
Ontario, CA 91761
Telephone: (909) 557-1250
Facsimile: (909) 557-1275
E-mail: rdm@mccunewright.com
dcw@mccunewright.com
The Defendant-Appellee K&N Engineering, Inc., is represented by:
Mark C. Goodman
BAKER & MCKENZIE
Suite 1100
2 Embarcadero Center
San Francisco, CA 94111
Telephone: 415-576-3028
- and -
Amanda Margaret Cialkowski, Esq.
Leah N. Kippola-Friske, Esq.
NILAN & JOHNSON
250 Marquette Avenue, S.
Minneapolis, MN 55401
Telephone: 612-305-7500
KARCHER NORTH AMERICA: Dawson Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Karcher North
America, Inc. The case is styled as Leshawn Dawson, on behalf of
himself and all others similarly situated v. Karcher North America,
Inc., Case No. 1:20-cv-06745 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Karcher North America, Inc., manufactures commercial, industrial,
and consumer cleaning equipment. The Company produces hot and cold
water pressure washers, floor cleaning equipment, vacuum cleaners,
sweepers, scrubber dryers, car washing systems, steam cleaners, and
cleaning agents.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
KIRKLAND'S STORES: Web Site Inaccessible to Blind, Calcano Claims
-----------------------------------------------------------------
EVELINA CALCANO, on behalf of herself and all other persons
similarly situated v. KIRKLAND'S STORES, INC., Case No.
1:20-cv-06543-JGK (S.D.N.Y., Aug. 17, 2020), is brought against the
Defendant for its alleged violation of the Americans with
Disabilities Act.
The Plaintiff is a visually-impaired and legally blind person, who
required scree-reading software to read Web site content using her
computer.
The Plaintiff alleges that Defendant's Web site,
https://www.kirklands.com/, has multiple accessibility barriers,
which denied her a shopping experience similar to that of a sighted
person and the full enjoyment of the goods and services of the Web
site. The Plaintiff has experienced this when she visited the Web
site the last occurring in August 2020 in an attempt to purchase a
product.
The complaint asserts that the Defendant failed to design,
construct, maintain, and operate its Web site to be fully
accessible to and independently usable by the Plaintiff and other
blind and visually-impaired people.
Kirkland's Stores, Inc. offers the commercial Web site to the
public.[BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: 212-228-9795
Fax: 212-982-6284
Email: Jeffrey@gottlieb.legal
danalgottlieb@aol.com
KOHL'S DEP'T STORES: Sanchez Suit Moved to District of New Jersey
-----------------------------------------------------------------
The class action lawsuit captioned as OSCAR SANCHEZ, individually
and on behalf of other similarly situated individuals, v. KOHL'S
DEPARTMENT STORES, INC. and KOHL'S CORPORATION, Case No.
MRS-L-001429-20 (Filed July 13, 2020), was removed from the
Superior Court of New Jersey, Morris County, to the U.S. District
Court for the District of New Jersey (Newark) on Aug. 19, 2020.
The District of New Jersey Court Clerk assigned Case No.
2:20-cv-10840 to the proceeding.
The Plaintiff alleges that the Defendants violated the New Jersey
Wage and Hour Law, and the New Jersey Wage Payment Law, by
misclassifying him as exempt from overtime pay and failing to pay
him overtime premiums for hours beyond 40 in a workweek. He seeks
to bring claims on behalf of himself and on behalf of a putative
class of assistant store managers at Kohl's stores in New Jersey.
Kohl's is an American department store retail chain, operated by
Kohl's Corporation.[BN]
The Defendants are represented by:
Amanda Van Hoose Garofalo, Esq.
BAKER & HOSTETLER LLP
45 Rockefeller Plaza
New York, NY 10111-0100
Telephone: (212) 589-4610
E-mail: agarofalo@bakerlaw.com
LABORATORY CORP: Consolidated Bouffard and Anderson Suit Ongoing
----------------------------------------------------------------
Laboratory Corporation of America Holdings said in its Form 10-Q
Report filed with the Securities and Exchange Commission for the
quarterly period ended June 30, 2020, that the company continues to
defend the Bouffard and Anderson actions, which have been
consolidated in the U.S. District Court for the Middle District of
North Carolina.
On March 10, 2017, the Company was served with a putative class
action lawsuit, Victoria Bouffard, et al. v. Laboratory Corporation
of America Holdings, filed in the U.S. District Court for the
Middle District of North Carolina.
The complaint alleges that the Company's patient list prices
unlawfully exceed the rates negotiated for the same services with
private and public health insurers in violation of various state
consumer protection laws.
The lawsuit also alleges breach of implied contract or
quasi-contract, unjust enrichment, and fraud. The lawsuit seeks
statutory, exemplary, and punitive damages, injunctive relief, and
recovery of attorney's fees and costs.
In May 2017, the Company filed a Motion to Dismiss Plaintiffs'
Complaint and Strike Class Allegations; the Motion to Dismiss was
granted in March 2018 without prejudice.
On October 10, 2017, a second putative class action lawsuit, Sheryl
Anderson, et al. v. Laboratory Corporation of America Holdings, was
filed in the U.S. District Court for the Middle District of North
Carolina.
The complaint contained similar allegations and sought similar
relief to the Bouffard complaint, and added additional counts
regarding state consumer protection laws.
On August 10, 2018, the Plaintiffs filed an Amended Complaint,
which consolidated the Bouffard and Anderson actions. On September
10, 2018, the Company filed a Motion to Dismiss Plaintiffs' Amended
Complaint and Strike Class Allegations.
On August 16, 2019, the court entered an order granting in part and
denying in part the Motion to Dismiss the Amended Complaint, and
denying the Motion to Strike the Class Allegations.
The Company will vigorously defend the lawsuit.
No further updates were provided in the Company's SEC report.
Laboratory Corporation of America Holdings operates as an
independent clinical laboratory company worldwide. It operates
through two segments, LabCorp Diagnostics and Covance Drug
Development. The company was founded in 1971 and is headquartered
in Burlington, North Carolina.
LABORATORY CORP: Continues to Defend Davis Class Suit in Florida
----------------------------------------------------------------
Laboratory Corporation of America Holdings said in its Form 10-Q
Report filed with the Securities and Exchange Commission for the
quarterly period ended June 30, 2020, that the company continues to
defend a putative class action suit entitled, Patty Davis v.
Laboratory Corporation of America, et al.
On August 31, 2015, the Company was served with a putative class
action lawsuit, Patty Davis v. Laboratory Corporation of America,
et al., filed in the Circuit Court of the Thirteenth Judicial
Circuit for Hillsborough County, Florida.
The complaint alleges that the Company violated the Florida
Consumer Collection Practices Act by billing patients who were
collecting benefits under the Workers' Compensation Statutes.
The lawsuit seeks injunctive relief and actual and statutory
damages, as well as recovery of attorney's fees and legal expenses.
In April 2017, the Circuit Court granted the Company's Motion for
Judgment on the Pleadings.
The Plaintiff appealed the Circuit Court's ruling to the Florida
Second District Court of Appeal. On October 16, 2019, the Court of
Appeal reversed the Circuit Court's dismissal, but certified a
controlling issue of Florida law to the Florida Supreme Court.
On February 17, 2020, the Florida Supreme Court accepted
jurisdiction of the lawsuit.
The Company will vigorously defend the lawsuit.
No further updates were provided in the Company's SEC report.
Laboratory Corporation of America Holdings operates as an
independent clinical laboratory company worldwide. It operates
through two segments, LabCorp Diagnostics and Covance Drug
Development. The company was founded in 1971 and is headquartered
in Burlington, North Carolina.
LABORATORY CORP: Sequenom Inc. Shareholders' Suit Still Stayed
--------------------------------------------------------------
Laboratory Corporation of America Holdings said in its Form 10-Q
Report filed with the Securities and Exchange Commission for the
quarterly period ended June 30, 2020, that the class action suit
entitled, In re Sequenom, Inc. Shareholder Litig., Lead Case No.
16-cv-02054-JAH-BLM, remains stayed.
Prior to the Company's acquisition of Sequenom, Inc. (Sequenom)
between August 15, 2016 and August 24, 2016, six putative
class-action lawsuits were filed on behalf of purported Sequenom
stockholders (captioned Malkoff v. Sequenom, Inc., et al., No.
16-cv-02054- JAH-BLM, Gupta v. Sequenom, Inc., et al., No.
16-cv-02084-JAH-KSC, Fruchter v. Sequenom, Inc., et al., No.
16-cv-02101- WQH-KSC, Asiatrade Development Ltd. v. Sequenom, Inc.,
et al., No. 16-cv-02113-AJB-JMA, Nunes v. Sequenom, Inc., et al.,
No. 16-cv-02128-AJB-MDD, and Cusumano v. Sequenom, Inc., et al.,
No. 16-cv-02134-LAB-JMA) in the U.S. District Court for the
Southern District of California challenging the acquisition
transaction.
The complaints asserted claims against Sequenom and members of its
board of directors (the Individual Defendants). The Nunes action
also named the Company and Savoy Acquisition Corp. (Savoy), a
wholly owned subsidiary of the Company, as defendants. The
complaints alleged that the defendants violated Sections 14(e),
14(d)(4) and 20 of the Securities Exchange Act of 1934 by failing
to disclose certain allegedly material information.
In addition, the complaints in the Malkoff action, the Asiatrade
action, and the Cusumano action alleged that the Individual
Defendants breached their fiduciary duties to Sequenom
shareholders.
The actions sought, among other things, injunctive relief enjoining
the merger. On August 30, 2016, the parties entered into a
Memorandum of Understanding (MOU) in each of the above-referenced
actions.
On September 6, 2016, the Court entered an order consolidating for
all pre-trial purposes the six individual actions described above
under the caption In re Sequenom, Inc. Shareholder Litig., Lead
Case No. 16-cv-02054-JAH-BLM, and designating the complaint from
the Malkoff action as the operative complaint for the consolidated
action.
On November 11, 2016, two competing motions were filed by two
separate stockholders (James Reilly and Shikha Gupta) seeking
appointment as lead plaintiff under the terms of the Private
Securities Litigation Reform Act of 1995.
On June 7, 2017, the Court entered an order declaring Mr. Reilly as
the lead plaintiff and approving Mr. Reilly's selection of lead
counsel. The parties agree that the memorandum of understanding
(MOU) has been terminated.
The Plaintiffs filed a Consolidated Amended Class Action Complaint
on July 24, 2017, and the Defendants filed a Motion to Dismiss,
which remains pending. On March 13, 2019, the Court stayed the
action in its entirety pending the U.S. Supreme Court's anticipated
decision in Emulex Corp. v. Varjabedian.
On April 23, 2019, however, the U.S. Supreme Court dismissed the
writ of certiorari in Emulex as improvidently granted.
The Company will vigorously defend the lawsuit.
No further updates were provided in the Company's SEC report.
Laboratory Corporation of America Holdings operates as an
independent clinical laboratory company worldwide. It operates
through two segments, LabCorp Diagnostics and Covance Drug
Development. The company was founded in 1971 and is headquartered
in Burlington, North Carolina.
LABORATORY CORP: Tentative Settlement Reached in Wage & Hour Suit
-----------------------------------------------------------------
Laboratory Corporation of America Holdings said in its Form 10-Q
Report filed with the Securities and Exchange Commission for the
quarterly period ended June 30, 2020, that a tentative settlement
has been reached in the consolidated putative class action suit
alleging breach of California wage and hour laws.
Three putative class action lawsuits related to California wage and
hour laws have been served on the Company.
On September 21, 2018, the Company was served with a putative class
action lawsuit, Alma Haro v. Laboratory Corporation of America, et
al., filed in the Superior Court of California, County of Los
Angeles.
On June 10, 2019, the Company was served with a putative class
action lawsuit, Ignacio v. Laboratory Corporation of America, filed
in Superior Court of California, County of Los Angeles.
On July 1, 2019, the Company was served with a putative class
action lawsuit, Jan v. Laboratory Corporation of America, filed in
the Superior Court of California, County of Sacramento.
All three cases were subsequently removed to the U.S. District
Court for the Central District of California, and then consolidated
for all pre-trial proceedings.
In the lawsuits, Plaintiffs allege that employees were not properly
paid overtime compensation, minimum wages, meal and rest break
premiums, did not receive compliant wage statements, and were not
properly paid wages upon termination of employment.
The Plaintiffs assert these actions violate various California
Labor Code provisions and constitute an unfair competition practice
under California law. The lawsuits seek monetary damages, civil
penalties, and recovery of attorney's fees and costs.
The parties reached a tentative settlement resolving the claims for
all three cases. The settlement is subject to Court approval.
If the settlement is not approved, the Company will vigorously
defend the lawsuits.
Laboratory Corporation of America Holdings operates as an
independent clinical laboratory company worldwide. It operates
through two segments, LabCorp Diagnostics and Covance Drug
Development. The company was founded in 1971 and is headquartered
in Burlington, North Carolina.
LANDYRY'S CRAB: O'Rourke Balks at Policy Denying GSAs Proper Pay
----------------------------------------------------------------
Andrea O'Rourke, individually and on behalf of similarly situated
individuals v. LANDYRY'S CRAB SHACK INC. d/b/a BOARDWALK INN, Case
No. 3:20-cv-00271 (S.D. Tex., Aug. 21, 2020), challenges the
Defendant's longstanding policies and practices, which result in
Guest Services Agents being denied wages due under the Fair Labor
Standards Act.
According to the complaint, Landry's fails to properly compensate
non-exempt Guest Services Agent for work performed during meal
breaks. The policy is widespread throughout the hotel organization.
Under this policy, non-exempt Guest Services Agents involved in
direct hotel guest care were not completely relieved of duties
during meal periods and were denied pay for those on-duty meal
periods. The Defendant continues to require Guest Services Agents
responsible for direct hotel guest care to remain on duty and
subject to interruptions during meal breaks.
The Defendant violated the FLSA and state law by knowingly and
willfully permitting the Plaintiff and Class Members to perform
work and/or remain on duty during their meal breaks, subjecting
them to interruptions during their meal breaks at all times, says
the complaint.
The Plaintiff is domiciled in Texas and performed work out of the
Defendant's Boardwalk Inn in Kemah, Texas, as a Guest Services
Agent and a Guest Services Supervisor.
Landry's Crab Shack Inc. runs a hotel called Boardwalk Inn at the
Kemah Boardwalk, https://www.kemahboardwalkinn.com. Landry's
advertises the operation as a family friendly hotel accommodation
in Kemah, Texas.[BN]
The Plaintiff is represented by:
Trang Q. Tran, Esq.
TRAN LAW FIRM
2537 S. Gessner, Suite 104
Houston, TX 77063
Phone: (713) 223-8855
Facsimile: (713) 623-6399
Email: ttran@tranlawllp.com
Service@tranlawllp.com
LENDINGCLUB CORP: Veal Appeals Securities Suit Ruling to 9th Cir.
-----------------------------------------------------------------
Plaintiffs Matthew Veal, et al., filed an appeal from a district
court ruling entered in the lawsuit entitled Matthew Veal, et al.
v. LendingClub Corporation, et al., Case No. 5:18-cv-02599-BLF, in
the U.S. District Court for the Northern District of California,
San Jose.
As previously reported in the Class Action Reporter, the District
Court issued an Order granting the Defendants' Motion to Dismiss in
the case.
Lead Plaintiffs, XiangHong Ding and Zhenbin Chen, have brought this
federal securities class action on behalf of themselves and all
persons and entities other than Defendants, who purchased or
otherwise acquired the publicly traded securities of Lending Club
Corporation. Lead Plaintiffs allege that they purchased LendingClub
securities during the Class Period at inflated prices and were
damaged upon the revelation of the alleged corrective disclosures
and/or materialization of the undisclosed risks.
The Plaintiffs have filed a Consolidated Amended Class Action
Complaint alleging that Defendants violated Section 10(b) of the
Securities Exchange Act of 1934 (Exchange Act) and Rule 10b-5, 17
C.F.R. Section 240.10b-5. The Plaintiffs also assert that the
Individual Defendants are liable for violations of federal
securities laws as control persons of LendingClub, pursuant to
Section 20(a) of the Exchange Act.
The appellate case is captioned as Matthew Veal, et al. v.
LendingClub Corporation, et al., Case No. 20-16603, in the United
States Court of Appeals for the Ninth Circuit.
The briefing schedule in the Appellate Case is set as follows:
-- Transcript shall be ordered by September 18, 2020;
-- Transcript is due on October 19, 2020;
-- Appellants Zhenbin Chen, XiangHong Ding and Matthew Veal's
opening brief is due on November 27, 2020;
-- Appellees Thomas W. Casey, Bradley Coleman, LendingClub
Corporation and Scott Sanborn's answering brief is due on
December 28, 2020; and
-- Appellant's optional reply brief is due 21 days after
service of the answering brief.[BN]
Plaintiffs-Appellants MATTHEW VEAL, Individually and on behalf of
all others similarly situated, XIANGHONG DING, and ZHENBIN CHEN,
Lead Plaintiffs, are represented by:
Patrick M. Dahlstrom, Esq.
Louis Carey Ludwig, Esq.
POMERANTZ LLP
10 South LaSalle Street, Suite 3505
Chicago, IL 60603
E-mail: pdahlstrom@pomlaw.com
lcludwig@pomlaw.com
- and -
Jacob Alexander Goldberg, Esq.
THE ROSEN LAW FIRM, P.A.
101 Greenwood Avenue, Suite 440
Jenkintown, PA 19046
E-mail: jgoldberg@rosenlegal.com
Defendants-Appellees LENDINGCLUB CORPORATION, SCOTT SANBORN,
BRADLEY COLEMAN, and THOMAS W. CASEY are represented by:
James N. Kramer, Esq.
Alexander Talarides, Esq.
ORRICK HERRINGTON & SUTCLIFFE LLP
405 Howard Street
San Francisco, CA 94105
Telephone: (415) 773-5700
E-mail: jkramer@orrick.com
atalarides@orrick.com
LENTRADE INC: Dawson Sues in S.D. New York Alleging ADA Violation
-----------------------------------------------------------------
A class action lawsuit has been filed against Lentrade, Inc. The
case is styled as Leshawn Dawson, on behalf of himself and all
others similarly situated v. Lentrade, Inc., Case No. 1:20-cv-06738
(S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Lentrade, Inc., was founded in 1971. The Company's line of business
includes the wholesale distribution of home furnishings and
housewares.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
LEXINGTON LAW: RGS & CBE Appeal to Fifth Circuit Underway
---------------------------------------------------------
The Appellants RGS Financial, Incorporated and The CBE Group,
Incorporated filed an appeal from the District Court's Order in the
lawsuit titled CBE GROUP V. HEATH, Case No. 3:17-CV-2594 (N.D.
Tex.).
The appellate case is captioned as The CBE Group, Incorporated, et
al. v. Lexington Law Firm, et al. Case No. 20-10166, in the United
States Court of Appeals for the Fifth Circuit
A District Court judge in Texas in February 2020 tossed a $2.5
million jury award in favor of two collection agencies that sued
Lexington Law Group, saying that the evidence put forth was
"legally insufficient" to support the jury determining that the
defendants engaged in fraud by "preying on financially troubled
consumers by drafting, signing, and mailing frivolous dispute
correspondences," according to a report by Accountsrecovery.net.
On July 14, 2017, The CBE Group, Inc. -- a nationwide debt
collection agency -- on behalf of itself and others similarly
situated, initially filed this putative class action lawsuit in the
44th Judicial District Court of Dallas County, Texas, alleging that
Defendant John C. Heath, Attorney at Law, PLLC d/b/a Lexington Law
Firm, defrauded and disrupted its business by exploiting federal
consumer protection statutes and running a fraudulent credit repair
scheme in violation of Texas law. Lexington Law Firm timely removed
the action to federal court, contending that complete diversity of
citizenship existed between the parties and that the amount in
controversy, exclusive of interest and costs, exceeded $75,000.
Lexington Law is a firm focused on credit repair.[BN]
The Plaintiffs-Appellants The CBE Group, Incorporated and RGS
Financial, Incorporated, on behalf of themselves and all others
similarly situated, are represented by:
Robbie LuAnn Malone, Esq.
MALONE FROST MARTIN, P.L.L.C.
8750 N. Central Expressway
Dallas, TX 75231
Telephone: 214 346-2630
The Defendants-Appellees Lexington Law Firm; Progrexion,
Incorporated; and JOHN C. HEATH, Attorney at Law, P.L.L.C., doing
business as Lexington Law Firm, are represented by:
Frank Alvarez, Esq.
HERMES SARGENT BATES, L.L.P.
901 Main Street
Dallas, TX 75202-0000
Telephone: 214 749-6534
LIBERTY MUTUAL: JAJ Group Seeks Coverage for COVID-19 Losses
------------------------------------------------------------
JAJ GROUP, INC. d/b/a EARL OF SANDWICH, individually and on behalf
of all others similarly situated v. LIBERTY MUTUAL INSURANCE
COMPANY, Case No. 3:20-cv-01620-JM-MDD (S.D. Cal., Aug. 20, 2020),
arises from the Defendant's alleged breach of contract and unfair
business practices under the California Business & Professions
Code.
According to the complaint, the Defendant failed to comply with its
contractual obligations to the Plaintiff and all others similarly
situated policyholders, who purchased standard Liberty Mutual
commercial property insurance policies, by denying their claims
under Business Income Coverage, Extra Expense Coverage, and Civil
Authority Coverage.
The Plaintiff and Class members suffered business losses and
incurred additional expenses as a result of the suspensions and
interruptions of their business operations in order to comply with
California Governor Gavin Newsom's closure orders in response to
the COVID-19 pandemic. These direct physical losses of and/or
damages to their insured premises are covered losses under the
Defendant's policy because the policy provides coverage for
all-risks. The Plaintiff and Class members are entitled to payment
for these losses and other covered expenses incurred arising from
COVID-19 civil authority orders.
JAJ Group, Inc., d/b/a Earl of Sandwich, is a restaurant operator
with its principal place of business located at 690 First Avenue,
in San Diego, California.
Liberty Mutual Insurance Company is an insurance provider with its
principal place of business located at 175 Berkeley Street, Boston,
Massachusetts.[BN]
The Plaintiff is represented by:
Amber L. Eck, Esq.
Alreen Haeggquist, Esq.
Robert Prine, Esq.
HAEGGQUIST & ECK, LLP
225 Broadway, Suite 2050
San Diego, CA 92101
Telephone: (619) 342-8000
Facsimile: (619) 342-7878
E-mail: ambere@haelaw.com
alreenh@haelaw.com
robertp@haelaw.com
LIFE TIME FITNESS: Fails to Pay Proper Wages, Schaeffer Alleges
---------------------------------------------------------------
ALICIA SCHAEFFER and MAURA HOWARD, individually and on behalf of a
class of all others similarly situated v. LIFE TIME FITNESS, INC.,
LTF CLUB OPERATIONS COMPANY, INC., LTF CLUB MANAGEMENT COMPANY, LLC
and LTF YOGA COMPANY, LLC, Case No. 27-cv-20-10513 (Minn. Dist.,
Aug. 17, 2020), arises from the Defendants' alleged unjust
enrichment and violation of the Fair Labor Standards Act.
The Plaintiffs were hired by the Defendants as group fitness
instructors at Defendant Life Time Fitness, Inc.'s Bloomington
(North), Minnesota location.
The Plaintiffs allege that the Defendants failed to pay them and
the class members for the pre-class and post-class time they spent
working for which the Defendants were unjustly enriched.
Life Time Fitness, Inc., provides group fitness instruction
services.[BN]
The Plaintiffs are represented by:
Bryan L. Bleichner, Esq.
Christopher P. Renz, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Ave. South, Suite 1700
Minneapolis, MN 55401-2138
Tel: (612) 339-7300
Fax: (612) 336-2940
Emails: bbleichner@chestnutcambronne.com
crenz@chestnutcambronne.com
- and –
Garrett D. Blanchfield, Esq.
Brant D. Penney, Esq.
REINHARDT WENDORF & BLANCHFIELD
W-1050 First National Bank Bldg.
332 Minnesota St.
St. Paul, MN 55101
Tel: (651) 287-2100
Fax: (651) 287-2103
Emails: g.blanchfield@rwblawfirm.com
b.penney@rwblawfirm.com
LIMESTONE UNIVERSITY: Blind Buyers Can't Use Website, Hedges Claims
-------------------------------------------------------------------
DONNA HEDGES, individually and on behalf of all others similarly
situated, Plaintiff v. LIMESTONE UNIVERSITY, Defendant, Case No.
1:20-cv-06324 (S.D.N.Y., August 11, 2020) is a class action against
the Defendant for violations of the Americans with Disabilities
Act, the New York State Human Rights Law, the New York City Human
Rights Law, and the Rehabilitation Act of 1973.
According to the complaint, the Defendant discriminates against the
Plaintiff and all others similarly situated blind and
visually-impaired prospective students by failing to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by blind or visually-impaired people.
The Defendant's website, https://www.limestone.edu/, contains
various access barriers that hinder the Plaintiff and Class members
to have full and equal access to the products and services offered
by the Defendant on its website including taking courses online,
the ability to pay tuition and other costs online, apply for
payment plans and admissions online. The access barriers on the
website include, but not limited to: (1) incompatibility with
screen reader assisted software; (2) lack of alternative text, an
invisible code embedded beneath a graphical image on a website; and
(3) presence of empty links, redundant links, and broken links.
As a result of the Defendant's failure and refusal to remove access
barriers to its website, the Plaintiff and Class members have been
and are still being denied equal access to the Defendant's numerous
services and benefits offered to the public through the website.
Limestone University is an institution of higher learning that
operates online college across the United States, with its
principal address located at 1115 College Drive, Gaffney, South
Carolina. [BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@gottlieb.legal
danalgottlieb@aol.com
LIPPERT COMPONENTS: Sheets Liability Suit Removed to E.D. Calif.
----------------------------------------------------------------
The case captioned Kristie Sheets, individually and on behalf of
all others similarly situated v. Lippert Components, Inc., a
Delaware Corporation; Forest River, Inc., an Indiana Corporation;
Timothy DeMartini doing business as: DeMartini RV Sales, Case No.
CU20-084701, was removed from the Superior Court of the State of
California for the County of Nevada to the U.S. District Court for
the Eastern District of California on Aug. 21, 2020.
The District Court Clerk assigned Case No. 2:20-at-00830 to the
proceeding.
The nature of suit is stated as Contract Product Liability.
Lippert Components, Inc., provides recreational vehicle and housing
components. The Company offers towing, leveling, awnings, chassis,
axles, slide-outs, storage, waste management, electronics, windows,
doors, mattresses, and furniture products.[BN]
The Plaintiff is represented by:
Jeffrey Douglas Kaliel, Esq.
KALIEL, PLLC
1875 Connecticut Avenue N.W., 10th Floor
Washington, DC 20009
Phone: (202) 350-4783
Email: jkaliel@kalielpllc.com
The Defendants are represented by:
John G. Bilheimer, Esq.
HALEY & BILHEIMER
505 Coyote St., Suite A
Nevada City, CA 95959
Phone: (530) 265-6357
Email: jbilheimer@lawhb.com
LONG POINT: Kohlberg et al. Allege Securities Fraud
---------------------------------------------------
MARJORIE KOHLBERG, individually and as Administrator of the Estate
of Edmund Kohlberg, DAVID EIJADI, individually and as Trustee of
the David Azziz Eijadi and Barbara Anne Eijadi Revocable Trust
Dated May 27, 2015, THOMAS MCDOUGALL, individually and as Trustee
of the Thomas G. McDougall Trust dated November 17, 2005, PETER D.
OTTAVIO, individually and as Trustee of the Peter D. Ottavio
Revocable Living Trust dated February 19, 2016, MELISSA LASSOR,
MARY LOU JURKOWSKI, JASON STEINBOCK, and BETSY SEARS, all on behalf
of themselves and all others similarly situated and derivatively on
behalf of Nominal Defendants EYP HOLDINGS, INC. and EYP GROUP
HOLDINGS, INC., Plaintiffs v. TOM BIRDSEY, LONG POINT CAPITAL,
INC., LONG POINT CAPITAL FUND II. L.P., LONG POINT CAPITAL PARTNERS
II, L.P., LONG POINT CAPITAL FUND III, L.P., LONG POINT CAPITAL
PARTNERS III, L.P., IRA STARR, NORMAN SCHERR, ERIC VON STROH, DAVID
WATKINS, and GREATBANC TRUST COMPANY, Defendants, Case No.
1:20-cv-06250 (S.D.N.Y., August 7, 2020) is a class action against
the Defendants for securities fraud, breach of fiduciary duty,
conspiracy, and unjust enrichment.
According to the complaint, the Defendants implemented Employee
Stock Ownership Plan (ESOP) transactions at EYP as a scheme and
artifice to defraud the Plaintiffs and others similarly situated in
connection with the purchase and sale of EYP's securities,
including stock and notes. The Defendants made material
misrepresentations and omissions to the Plaintiffs and Class
members in connection with the purchase and sale of EYP's
securities, including:
(1) the highly profitable business from SUNY Polytechnic
Institute had been improperly obtained and would likely decline
substantially or disappear. Among others, the lawsuit claims the
Defendants included SUNY Polytechnic Institute contracts in revenue
projections that were used to help establish the financial terms
for EYP's employee stock ownership plan in 2016;
(2) Stantec had not been a viable candidate for acquiring EYP.
The alleged ESOP scheme caused the EYP board of directors in
November 2015 to reject an offer to sell the company to Stantec,
which would have provided greater financial benefits to the ESOP's
minority stockholders;
(3) Long Point's relationship with and the corruption of
GreatBanc Trust.
The Defendants made these material misrepresentations and omissions
to induce the Plaintiffs and the Class to sell their stock.
As a result of the Defendants' misrepresentations and omissions,
the Plaintiffs and Class members lost the value of their stock and
the principal and interest on their notes, and suffered other
losses caused by the Defendants' fraud.
Michael DeMasi, writing for Albany Business Review, reports that
Tom Birdsey, the former CEO of EYP, and Long Point's Starr have
denied the allegations.
Birdsey told Albany Business Review: "Our revenues grew from about
$20 million to more than $100 million. We had an excellent
financial and strategic partner in Long Point Capital, whose
experience and support helped achieve our goal -- positioning the
firm for continued growth by winning design work for the best
clients in the world."
"Having achieved that goal, in 2016 the shareholders agreed to buy
out Long Point and implement an employee stock ownership plan so
that all employees could share in the benefits of future success,"
he added. "I look forward to vigorously refuting all of the
allegations."
Starr wrote: "We're disappointed that a few EYP noteholders have
decided to file suit over a four-year-old transaction that capped
years of impressive growth under Long Point's stewardship,
including a near quadrupling of EYP's post-distribution EBITDA."
"All EYP shareholders approved the 2016 transaction before
exchanging their shares for EYP notes, and the transaction
consideration was the subject of two separate fairness opinions
conducted by two different financial advisors," he added.
Long Point Capital, Inc. is a private investment firm with its
principal place of business in New York.
Long Point Capital Fund II. L.P. is a limited partnership of
private equity fund with its principal place of business in New
York.
Long Point Capital Partners II, L.P. is a limited partnership with
its principal place of business in New York.
Long Point Capital Fund III, L.P. is a limited partnership of
private equity fund with its principal place of business in New
York.
Long Point Capital Partners III, L.P. is a limited partnership with
its principal place of business in New York.
GreatBanc Trust Company is an independent trustee specializing in
employee stock ownership plan (ESOP) fiduciary oversight,
headquartered in Lisle, Illinois.
EYP Holdings, Inc. is a holding company with principal place of
business in New York.
EYP Group Holdings, Inc. is a holding company with principal place
of business in New York. [BN]
The Plaintiffs are represented by:
Barry S. Pollack, Esq.
Phillip Rakhunov, Esq.
POLLACK SOLOMON DUFFY LLP
737 Third Ave., 32nd Floor
New York, NY 10017
Telephone: (212) 493-3100
Facsimile: (617) 960-0490
E-mail: bpollack@psdfirm.com
- and –
Anne K. Bowling, Esq.
RUPP BAASE PFALZGRAF CUNNINGHAM, LLC
1600 Liberty Building
Buffalo, NY 14202
Telephone: (716) 854-3400
Facsimile: (716) 332-0336
E-mail: bowling@ruppbaase.com
LOWES COMPANIES: Bowens PMWA Suit Removed to E.D. Pennsylvania
--------------------------------------------------------------
The class action lawsuit captioned as DARRYL BOWENS AND JASON
MARTIN, Individually and on Behalf of All Other Similarly Situated
Individuals v. LOWE'S COMPANIES, INC. and LOWE'S HOME CENTERS, LLC,
Case No. 200401292 (Filed April 26, 2020), was removed from the
Pennsylvania Court of Common Pleas, Philadelphia County, to U.S.
District Court for the Eastern District of Pennsylvania on Aug. 19,
2020.
The Eastern District of Pennsylvania Court Clerk assigned Case No.
2:20-cv-04057 to the proceeding. The case is assigned to the Hon.
Judge Kenneth D. Bell.
This class action arose from the Defendants' willful violations of
the Pennsylvania Minimum Wage Act.
The Defendants require their Hourly Managers to work a full-time
schedule, plus overtime, according to the complaint. However, the
Defendants do not compensate their Hourly Managers for all hours
worked; instead, the Defendants require their Hourly Managers to
perform compensable work tasks before and after their scheduled
shifts and during their unpaid meal periods, when they are not
clocked into the Defendants' timekeeping system.
The Defendants are an American retail company specializing in home
improvement. The Defendants operate a chain of retail stores in the
United States, Canada, and Mexico. As of 2019, the Defendants and
their related businesses operate more than 2,000 home improvement
and hardware stores and employ over 245,000 people in North
America.[BN]
The Plaintiffs are represented by:
Andrew R. Santillo, Esq.
Mark J. Gottesfeld, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
- and -
Kevin J. Stoops, Esq.
Elaina S. Bailey, Esq.
SOMMERS SCHWARTZ
One Towne Square, Ste. 1700
Southfield, MI 48076
Telephone: (248) 355-0300
Facsimile: (248) 746-4001
E-mail: kstoops@sommerspc.com
ebailey@sommerspc.com
The Defendants are represented by:
Christopher J. Moran, Esq.
TROUTMAN PEPPER
HAMILTON SANDERS LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
Telephone: Phone: (215) 981-4169
- and -
Jason C. Schwartz, Esq.
GIBSON, DUNN & CRUTCHER
1050 Connecticut Avenue, N.W.
Washington, DC 20036
Telephone: (202) 955-8500
M&T BANK: Jaroslawicz's Risk Disclosure Claims Dismissal Vacated
----------------------------------------------------------------
The United States Court of Appeals for the Third Circuit issued an
Opinion affirming in part and vacating in part the District Court's
Order granting the Defendants' Motion to Dismiss in the case
captioned DAVID JAROSLAWICZ v. M&T BANK CORPORATION; HUDSON CITY
BANCORP INC.; THE ESTATE OF ROBERT G. WILMERS, BY ITS PERSONAL
REPRESENTATIVES ELISABETH ROCHE WILMERS, PETER MILLIKEN, AND HOLLY
McALLISTER SWETT; RENE F. JONES; MARK J. CZARNECKI; BRENT D. BAIRD;
ANGELA C. BONTEMPO; ROBERT T. BRADY; T. JEFFERSON CUNNINGHAM, III;
GARY N. GEISEL; JOHN D. HAWKE, JR.; PATRICK W.E. HODGSON; RICHARD
G. KING; JORGE G. PEREIRA; MELINDA R. RICH; ROBERT E. SADLER, JR.;
HERBERT L. WASHINGTON; DENIS J. SALAMONE; MICHAEL W. AZZARA;
VICTORIA H. BRUNI; DONALD O. QUEST; JOSEPH G. SPONHOLZ; CORNELIUS
E. GOLDING; WILLIAM G. BARDEL; SCOTT A. BELAIR BELINA FAMILY; JEFF
KRUBLIT, Appellants, Case No. 17-3695 (3rd Cir.).
Hudson City Bank ("Hudson") and M&T Bank Corporation ("M&T")
successfully merged in 2015, but their union triggered a protest by
a few Hudson shareholders, who filed a putative class action
(together, the "Shareholders"). The complaint alleged the Banks
didn't disclose material information about M&T's practice of adding
fees to no-fee "free" checking accounts or its failure to comply
with federal anti-money laundering regulations.
Despite a healthy return on their investment, the Shareholders
argue these omissions or misstatements caused all Hudson
shareholders financial harm. In a comprehensive opinion, the
District Court dismissed these claims.
The Appellate Court vacates and remands for further proceedings
based on prior decisions allowing suits alleging inadequate
transparency or deception. The Appellate Court reiterates the
longstanding limitations on securities fraud actions that insulate
issuers from second-guesses, hindsight clarity, and a regime of
total disclosure.
Conclusion
The Appellate Court concludes with caveats, cautions, and qualms.
First, that the Shareholders have adequately pleaded facts that, if
true, might warrant remedy naturally says nothing at this stage of
the litigation about their ultimate truth. Second, that M&T might
have pursued different choices managing its business is not the
focus of the Appellate Court's decision. Rather, it is that M&T had
an obligation to speak concisely about the risks surrounding their
plans, Circuit Judge Paul B. Matey writes.
Finally, the Appellate Court's application of now well-established
principles of securities fraud class actions does not alleviate its
worry over the many well-argued doubts about these kinds of
aggregate claims. See, e.g., John C. Coffee, Jr., Reforming the
Securities Class Action: An Essay on Deterrence and Its
Implementation, 106 Colum. L. Rev. 1534, 1536 (2006) (explaining
"class actions produce wealth transfers among shareholders that
neither compensate nor deter").
According to the Opinion, despite reams of academic study, steady
questions from the courts, and periodic Congressional attention,
the number of securities class actions continues to rise each year.
Whether that tide represents an efficient current or "muddled logic
and armchair economics," Halliburton, 573 U.S. at 297 (Thomas, J.,
concurring), is the sort of question that deserves a more searching
inquiry.
In the meantime, the Appellate Court affirms the District Court's
dismissal of the Shareholders' claims that M&T made misleading
opinion statements, and vacates the dismissal of the claims about
M&T's risk disclosure obligations.
A full-text copy of the Court of Appeals' June 18, 2020 Opinion is
available at https://tinyurl.com/y7j3f32f from Leagle.com.
Deborah R. Gross [ARGUED], of Kaufman Coren & Ress, at 2001 Market
Street, Two Commerce Square, Suite 3900, in Philadelphia,
Pennsylvania; Francis J. Murphy, Jonathan L. Parshall, of Murphy &
Landon, at 1011 Centre Road, Suite 210, in Wilmington, Delaware;
and Laurence D. Paskowitz, at 208 East 51st Street, in New York
City, Counsel for Appellants Belina Family and Jeff Krublit.
George T. Conway, III, Adam L. Goodman, Bradley R. Wilson [ARGUED],
Jordan L. Pietzsch, of Wachtell Lipton Rosen & Katz, at 51 West
52nd Street, in New York City; John C. Cordrey, Brian M. Rostocki,
of Reed Smith, T 1201 Market Street, Suite 1500, in Wilmington,
Delaware, Counsel for Appellees M&T Bank Corporation, The Estate of
Robert G. Wilmers, Rene F. Jones, Mark J. Czarnecki, Brent D.
Baird, Angela C. Bontempo, Robert T. Brady, T. Jefferson
Cunningham, III, Gary N. Geisel, John D. Hawke, Jr., Patrick W. E.
Hodgson, Richard G. King, Jorge G. Pereira, Melinda R. Rich, Robert
E. Sadler, Jr., and Herbert L. Washington.
Tracy R. High, of Sullivan & Cromwell, at 125 Broad Street, in New
York City; Kevin R. Shannon, of Potter Anderson & Corroon, at 1313
North Market Street, in Wilmington, Delaware, Counsel for Appellees
Denis J. Salamone, Victoria H. Bruni, Donald O. Quest, Joseph G.
Sponholz, Scott A. Belair, Michael W. Azzara, William G. Bardel and
Cornelius E. Golding.
MADISON MARKET: Naula Sues Over Unpaid Minimum and OT Wages
-----------------------------------------------------------
JOFFREY NAULA, individually and on behalf of others similarly
situated, Plaintiff, -against- MADISON MARKET, LLC (D/B/A MADISON
MARKET) and ROCCO LOSSA, Defendants, Case No. 2:20-cv-10093
(D.N.J., August 6, 2020) is an action brought by the Plaintiff on
behalf of himself, and other similarly situated individuals, for
unpaid minimum and overtime wages pursuant to the Fair Labor
Standards Act of 1938, 29 U.S.C. Section 201 et seq. ("FLSA"),
including applicable liquidated damages, interest, attorneys' fees
and costs.
According to the complaint, Plaintiff worked for Defendants in
excess of 40 hours per week, without appropriate minimum wage and
overtime compensation for the hours that he worked. Rather,
Defendants failed to maintain accurate recordkeeping of the hours
worked, and failed to pay Plaintiff appropriately for any hours
worked, either at the straight rate of pay or for any additional
overtime premium.
Defendants maintained a policy and practice of requiring Plaintiff
and other employees to work in excess of 40 hours per week without
providing the minimum wage and overtime compensation required by
federal and state law and regulations.
Plaintiff Naula was employed as a line cook and a pizza maker at
the gourmet grocery store located in New Jersey.
Madison Market, LLC (d/b/a Madison Market) owns, operates, or
controls an American gourmet grocery store in Madison, New
Jersey.[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
MARK HOTEL: Fails to Pay Proper Wages, Boci Alleges
---------------------------------------------------
SANIJE BOCI, individually and on behalf of all others similarly
situated, Plaintiff v. THE MARK HOTEL MANAGEMENT LLC; THE MARK
HOTEL OWNERS CORP.; MARK HOTEL MEMBER LLC ; THE MARK HOTEL MEMBER 2
LLC; MARK HOTEL LLC; IZAK SENBAHAR; and NESIM BAHAR, Defendants,
Case No. 1:20-cv-05681 (S.D.N.Y., July 22, 2020) seeks to recover
from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
The Plaintiff Boci was employed by the Defendant as staff.
The Mark Hotel Management LLC provides hotel management services on
a contract or fee basis. [BN]
The Plaintiff is represented by:
Clara Lam, Esq.
BROWN KWON & LAM LLP
275 7th Avenue, Suite 701
New York, NY 10001
Telephone: (718) 971-0326
Facsimile: (718) 795-1642
E-mail: clam@bkllawyers.com
MARYVILLE UNIVERSITY: Hedges Seeks Equal Website Access for Blind
-----------------------------------------------------------------
DONNA HEDGES, individually and on behalf of all others similarly
situated, Plaintiff v. MARYVILLE UNIVERSITY OF SAINT LOUIS,
Defendant, Case No. 1:20-cv-06326 (S.D.N.Y., August 11, 2020) is a
class action against the Defendant for violations of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York City Human Rights Law, and the Rehabilitation Act of 1973.
The Plaintiff, on behalf of herself and all others similarly
situated blind and visually-impaired prospective students, alleges
that the Defendant's fails to accommodate their needs by failing to
design, construct, maintain, and operate its website to be fully
accessible to and independently usable by blind or
visually-impaired people. The Defendant's website,
https://www.limestone.edu/, contains various access barriers that
hinder the Plaintiff and Class members to have full and equal
access to the products and services offered by the Defendant on its
website including taking courses online, the ability to pay tuition
and other costs online, apply for payment plans and admissions
online. These access barriers include, but not limited to: (1)
incompatibility with screen reader assisted software; (2) lack of
alternative text, an invisible code embedded beneath a graphical
image on a website; and (3) presence of empty links, redundant
links, and broken links.
As a result of the Defendant's failure and refusal to remove access
barriers to its website, the Plaintiff and Class members have been
and are still being denied equal access to the Defendant's numerous
services and benefits offered to the public through the website.
Maryville University of Saint Louis is an institution of higher
learning that operates the Maryville online university, with
principal place of business located at 120 South Central Avenue,
Clayton, Missouri. [BN]
The Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@gottlieb.legal
danalgottlieb@aol.com
MDL 2946: 9 "Inclusive Access" Antitrust Suits Moved to New York
----------------------------------------------------------------
In the case, IN RE: INCLUSIVE ACCESS COURSE MATERIALS ANTITRUST
LITIGATION, MDL No. 2946, Judge Karen K. Caldwell of the U.S.
Judicial Panel on Multidistrict Litigation has entered an order
transferring nine actions to the Southern District of New York,
and, with the consent of that court, assigned them to the Honorable
Denise L. Cote for coordinated or consolidated pretrial
proceedings.
Defendants McGraw Hill LLC, Pearson Education, Inc., Cengage
Learning, Inc., Barnes & Noble College Booksellers, LLC, Barnes &
Noble Education, Inc., and Follett Higher Education Group, Inc.,
move under 28 U.S.C. Section 1407 to centralize this litigation in
the District of Delaware. The litigation consists of the nine
actions, six in the District of New Jersey, and one each in the
District of Delaware, the Northern District of Illinois, and the
Southern District of New York. The Panel has been notified of six
potentially-related actions.
Responding plaintiffs' positions on centralization vary.
Plaintiffs in District of Delaware Campus Book oppose inclusion of
their action in the proposed MDL. Plaintiffs in seven District of
New Jersey actions (the New Jersey Plaintiffs) oppose
centralization in favor of transfers of the Illinois and New York
actions to New Jersey under 28 U.S.C. Section 1404(a). In the
alternative, the New Jersey Plaintiffs support centralization of
all actions except Campus Book in the District of New Jersey.
Plaintiffs in the District of New Jersey (Belen), Northern District
of Illinois (Kinskey), and Southern District of New York (Uchenik
and Cabral) actions support centralization of all actions except
Campus Book in the Southern District of New York. In the
alternative, the Kinskey plaintiff argues for centralization in the
Northern District of Illinois.
After considering the arguments of counsel, Judge Caldwell finds
that these actions involve common questions of fact, and that
centralization -- of all actions -- will serve the convenience of
the parties and witnesses and promote the just and efficient
conduct of this litigation. These actions share multiple factual
issues concerning "Inclusive Access, " a subscription and
distribution service that provides access to digital course content
when academic instructors opt to use interactive courseware
platforms or e-textbooks instead of paper textbooks and materials.
Plaintiffs allege that defendants conspired to create Inclusive
Access in order to monopolize the market for the sale of course
materials for any courses and at any institutions using the
Inclusive Access service, and thereby to raise the prices of
textbooks and related course materials. Centralization will
eliminate duplicative discovery, the possibility of inconsistent
rulings on class certification and other pretrial matters, and
conserve judicial and party resources.
Plaintiffs' arguments against inclusion of Campus Book in the
centralized proceedings are unconvincing. Plaintiffs make three
principal arguments: (1) the putative retailer class in Campus Book
does not overlap with the putative student-purchaser classes in the
other cases; (2) the Campus Book plaintiffs assert some causes of
action not found in the other actions, including a claim for
violation of the Robinson-Patman Act, as well as state law
antitrust and unjust enrichment claims; and (3) Campus Book is more
advanced than the other actions. But the Panel frequently
centralizes litigations involving differently-situated plaintiffs
and differently-defined putative classes, where, as here, all
actions arise from a common factual core. And, "where common
factual issues exist, the presence of different legal theories
among the actions is not a bar to centralization." Finally,
although Compass Book is marginally more advanced than the other
actions, "[i]t is frequently the case... that actions transferred
to an MDL are in somewhat varying procedural postures." The
transferee judge can use separate tracks or other appropriate
pretrial techniques to address any issues specific to Campus Book.
The New Jersey Plaintiffs argue that in lieu of centralization, the
actions other than Campus Book should be consolidated, via Section
1404 transfers, in the District of New Jersey. This argument is
not persuasive. First, plaintiffs' proposal omits Campus Book,
which the Panel has concluded should be included in the MDL.
Second, the parties in the actions outside New Jersey all oppose
transfer of their respective actions, and neither the Northern
District of Illinois court nor the Southern District of New York
court has ruled on any Section 1404 motion. Third, with six
potential tag-along actions already on file, the possibility of
additional actions cannot be discounted.
The Judge selects the Southern District of New York as the
transferee district. Two actions are pending in the Southern
District of New York. In addition, defendant McGraw Hill is
headquartered in the district, and the Barnes & Noble and Pearson
defendants are located in northern New Jersey. Relevant documents
and witnesses thus likely will be found in or near the Southern
District of New York. The Honorable Denise L. Cote, to whom the
Panel assigns the litigation, is a veteran transferee judge. The
Panel is confident that she will steer this litigation on a prudent
course.
A full-text copy of the Court's August 11, 2020 Transfer Order is
available at https://is.gd/YfLNYp
MERCHATZ & CO: Medrano Sues Over Unpaid Wages, OT for Car Washers
-----------------------------------------------------------------
JOSE GUILLERMO MEDRANO AGUILAR, OSCAR GUSTAVO VELASQUEZ GUERRERO,
and ROMULO DINAEL GARCIA MIRANDA, individually and on behalf of all
others similarly situated, Plaintiffs v. MERCHATZ & CO LTD (D/B/A
SPARKLYN CAR WASH), JOEL FALKOWITZ, ABRAHAM DOE, SELVIN ENAMORADO,
and ELVIN DOE, Defendants, Case No. 1:20-cv-03621 (E.D.N.Y., August
11, 2020) is a class action against the Defendants for violation of
the Fair Labor Standards Act and the New York Labor Law by failing
to compensate the Plaintiffs and all others similarly situated car
washers the required minimum wages and overtime pay for all hours
worked in excess of 40 hours, failing to grant them any breaks or
meal periods of any kind, and failing to provide accurate wage
statements.
Plaintiffs Medrano and Velasquez were employed by the Defendants as
car washers from approximately August 2017 until on or about
January 12, 2020.
Plaintiff Garcia was employed by the Defendants as a car washer
from approximately June 2019 until on or about the present date.
Merchatz & Co. Ltd., d/b/a Sparklyn Car Wash, is a car wash owner
and operator located at 1901 47th St., Brooklyn, 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
MERCY HEALTH: Marvin Alleges Mishandling of Retirement Plan
-----------------------------------------------------------
TRICIA MARVIN, individually, and as representative of a Class of
Participants and Beneficiaries of the Mercy Health Corporation
Employees' Retirement Plan, Plaintiff, v. MERCY HEALTH
CORPORATION, and THE BOARD OF DIRECTORS OF MERCY HEALTH
CORPORATION, and JOHN DOES 1-30, Defendants, Case No. 3:20-cv-50293
(N.D. Ill., August 6, 2020) alleges that during the putative Class
Period, Defendants, as fiduciaries of the Plan, as that term is
defined under the Employee Retirement Income Security Act of 1974,
29 U.S.C. Section 1002(21)(A), breached the duties they owed to the
Plan, to Plaintiff, and to the other participants of the Plan by,
among other things:
(1) authorizing the Plan to pay unreasonably high fees for
recordkeeping and administration (RK&A);
(2) failing to objectively, reasonably, and adequately review
the Plan's investment portfolio with due care to ensure that each
investment option was prudent, in terms of cost; and
(3) unreasonably maintaining investment advisors and
consultants for the Plan despite the known availability of similar
service providers with lower costs and/or better performance
histories.
According to the complaint, Defendants' failure to monitor and
improve the recordkeeper, investment options, and investment
advisors and consultants confirms more than simply sloppy business
practice. Defendants' failures breached the fiduciary duties they
owed to Plaintiff, Plan Participants, and beneficiaries. Prudent
fiduciaries of 403(b) plans continuously monitor fees against
applicable benchmarks and peer groups to identify unreasonable and
unjustifiable fees. Defendants did not engage in a prudent
decision-making process and/or engaged in self-dealing, as there is
no other explanation for why the Plan paid these unreasonable fees
for RK&A, investment management, and investment advisory and
consultant services.
To remedy, Plaintiff brings this action on behalf of the Plan under
29 U.S.C. Section 1132(a)(2) to enforce Defendants' liability under
29 U.S.C. Section 1109(a) to make good to the Plan all losses
resulting from their breaches of fiduciary duty.
Mercy Health Corporation is a regional health system with seven
hospitals and 85 primary and specialty care locations throughout 50
northern Illinois and southern Wisconsin communities.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
Paul M. Secunda, Esq.
WALCHESKE & LUZI, LLC
15850 W. Bluemound Rd., Suite 304
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
psecunda@walcheskeluzi.com
MID-SOUTH MAINTENANCE: Faces Marlow Suit Over Unpaid Overtime Pay
-----------------------------------------------------------------
LAURIE MARLOW, individually and on behalf of all others similarly
situated v. MID-SOUTH MAINTENANCE OF TENNESSEE, LLC; EEC
ACQUISITION, LLC, d/b/a SMART CARE EQUIPMENT SOLUTIONS; RESTAURANT
EQUIPMENT MAINTENANCE COMPANY, LLC, d/b/a REMCO; WILLIAM EMORY; and
GARY GARRETT, Case No. 3:20-cv-00711 (M.D. Tenn., Aug. 20, 2020),
arises from the Defendants' failure to compensate the Plaintiff and
other employees overtime pay for all hours worked in excess of 40
hours in a workweek in violation of the Fair Labor Standards Act.
The Plaintiff has been employed by the Defendants as a customer
care specialist at Mid-South Maintenance of Tennessee's facility
located at 1055 Ridgecrest Dr., in Goodlettsville, Tennessee, since
2017.
Mid-South Maintenance of Tennessee, LLC, is a company that provides
building cleaning and maintenance services with its principal
office located at 1055 Ridgecrest Dr., in Goodlettsville,
Tennessee. EEC Acquisition, LLC, d/b/a Smart Care Equipment
Solutions, is a company that focuses on equipment care services
with its principal place of business at 101 Huntington Ave., in
Boston, Massachusetts.
Restaurant Equipment Maintenance Company, LLC, d/b/a REMCO, offers
electronic equipment repair and maintenance services with its
principal address located at 386 Wabasha St. N., in St. Paul,
Minnesota.[BN]
The Plaintiff is represented by:
Randall W. Burton, Esq.
LAW OFFICE OF RANDALL BURTON
1222 16th Avenue, South, Suite 23
Nashville, TN 37212
Telephone: (615) 620-5838
E-mail: randallwburton@gmail.com
- and –
Roland Mumford, Esq.
242 W. Main Street, No. 223
Hendersonville, TN 37075
Telephone: (615) 348-0070
Facsimile: (615) 246-4110
E-mail: roland@mumfordlaw.net
MIDLAND CREDIT: Rottenberg Files FDCPA Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc. The case is styled as Rivka Rottenberg, on behalf
of herself and all others similarly situated v. Midland Credit
Management, Inc., Case No. 1:20-cv-03876 (E.D.N.Y., Aug. 21,
2020).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Midland Credit Management, Inc., is a licensed debt collector
founded in 1953. The Company's line of business includes extending
credit to business enterprises for relatively short period.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
- and -
Jonathan Weiss, Esq.
2076 East 27 Street
Brooklyn, NY 11229
Phone: (718) 928-8872
Email: yoniw18@gmail.com
MILLER PIPELINE: O'Neil Seeks Proper OT Pay for Field Employees
---------------------------------------------------------------
NICHOLAS O'NEIL, on behalf of himself and others similarly
situated, Plaintiff, vs. MILLER PIPELINE, LLC c/o National
Registered Agents, Inc. 4400 Easton Commons Way, Ste. 125 Columbus,
OH 43219 Defendant, Case No. 2:20-cv-04034-MHW-CMV (S.D. Ohio,
August 7, 2020) alleges that Defendant fails to pay employees
overtime wages, seeking all available relief under the Fair Labor
Standards Act of 1938 ("FLSA"), 29 U.S.C. Sections 201, et seq.;
the Ohio Minimum Fair Wage Standards Act, O.R.C. 4111.03, and
4111.08; and the Ohio Prompt Pay Act ("OPPA"), Ohio Rev. Code
Section 4113.15.
Plaintiff was employed as an hourly, non-exempt field employee of
Defendant beginning in or around October 2018 until July 2020.
According to the complaint, during Plaintiff's employment with
Defendant, Defendant did not compensate Plaintiff and other
similarly situated field employees for all hours worked for several
reasons. First, Plaintiff and other similarly situated field
employees were not compensated for travel time which occurred after
their first principal activity and before their last principal
activity of each day. Second, Defendant regularly deducted 30
minutes from field employees' daily hours worked for a meal break
that field employees were unable to take in full or in part because
of work duties. Consequently, Defendant failed to fully and
properly compensate Plaintiff and other similarly situated field
employees by not compensating them for travel time during the
continuous workday and also by deducting 30 minutes from their
daily hours worked for meal breaks that those employees did not
take or otherwise was interrupted to perform job duties.
Miller Pipeline, LLC is an Ohio-based company that operates
underground pipeline construction and repair operations throughout
the United States.[BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd. Suite #126
Columbus, OH 43220
Telephone: (614) 949-1181
Facsimile: (614) 386-9964
E-mail: mcoffman@mcoffmanlegal.com
MOBILEONE LLC: Collective Status Sought in Store Manager Case
-------------------------------------------------------------
In class action lawsuit captioned as REBECCA HASBROOK, CHRISTOPHER
GODWIN, on behalf of themselves, and others similarly situated, v.
MobileOne LLC, Case No. 5:20-cv-02458-EJD (N.D. Cal.), the
Plaintiffs will move the Court on Sept. 10, 2020, for an order:
1. granting conditional certification of the proposed
collective:
2. requiring MobileOne to produce to the Plaintiffs the
requested Collective Member contact information within 14
days;
3. approving the Plaintiffs' proposed Notice and CTJ forms
and directing that the forms be mailed, emailed, and
texted to:
"all s Store Managers (SMs) who worked for MobileOne at
any time during the applicable time period, with a
reminder email, text and postcard to be sent halfway
through the notice period";
4. permitting Collective Members to file CTJ forms by mail,
fax, e-mail, or website submission, until 90 days after
the date of the Plaintiffs' mailing of notice to the
class; and
5. equitably tolling SMs' FLSA claims from July 28, 2020
until MobileOne provides the requisite list of Collective
Members.[CC]
According to the complaint, the Defendant failed to pay its store
managers overtime compensation for the hours they work beyond 40 in
a workweek. It does so pursuant to its corporate policy and even
though SMs spend most of their workdays performing non-exempt
customer service and manual labor duties. Through this motion, the
Plaintiffs, on behalf of themselves and others similarly situated,
seek to take the first step to protect the rights of hundreds of
fellow SMs.
The Defendant offers smart phones and data plans.[CC]
The Plaintiffs are represented by:
Jahan C. Sagafi, Esq.
Justin M. Swartz, Esq.
Christopher M. McNerney, Esq.
OUTTEN & GOLDEN LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Telephone: (415) 638-8800
Facsimile: (415) 638-8810
E-mail: jsagafi@outtengolden.com
jms@outtengolden.com
cmcnerney@outtengolden.com
- and -
Gregg Shavitz, Esq.
Camar Jones, Esq.
SHAVITZ LAW GROUP
951 Yamato Road, Suite 285
Boca Raton, FL 33431
Telephone: (800) 616-4000
Facsimile: (561) 447-8831
E-mail: gshavitz@shavitzlaw.com
cjones@shavitzlaw.com
MOUNTAIRE CORP: Court Refuses to Dismiss Cuppels Negligence Suit
----------------------------------------------------------------
The Superior Court of Delaware issued a Memorandum Opinion and
Order Opinion denying the Defendants' Motion to Dismiss in the case
captioned GARY and ANNA-MARIE CUPPELS, individually and on behalf
of others similarly situated v. MOUNTAIRE CORPORATION, MOUNTAIRE
FARMS INC., and MOUNTAIRE FARMS OF DELAWARE, INC., Case No.
S18C-06-009 CAK (Del.).
The Hon. Craig A. Karsnitz denies the Defendants' Motion to Dismiss
for Lack of Personal Jurisdiction under Superior Court Civil Rule
12(b)(2).
On June 13, 2018, the Plaintiffs filed a putative class action
complaint against Mountaire Corporation, an Arkansas corporation
("MC"), Mountaire Farms Inc., a Delaware corporation ("MFI") and
Mountaire Farms of Delaware, Inc., a Delaware corporation
("MFODI"). On July 20, 2018, the Defendants filed, inter alia, a
Motion to Dismiss pursuant to Rule 12(b)(2) of the Superior Court
Rules of Civil Procedure for lack of personal jurisdiction over MC.
On October 12, 2018, the Plaintiffs filed an Amended Complaint. On
October 26, 2018, Defendants filed a Motion to Dismiss the Amended
Complaint pursuant to Rule 12(b)(2) for lack of personal
jurisdiction over MC (the "Motion").
In their Amended Complaint, the Plaintiffs assert claims against
MC, MFI and MFODI, jointly and severally, for alleged negligence,
gross negligence, recklessness, negligence per se, nuisance,
trespass, and unjust enrichment. These claims stem from Plaintiffs'
assertion that Defendants owned, operated and managed a chicken
processing plant in Millsboro, Delaware (the "Facility") and caused
unsafe quantities of wastewater and sludge generated, treated
and/or disposed of at that plant to be released on lands near
Plaintiffs' residences. The Plaintiffs seek remediation of
property, groundwater and drinking water wells damaged by
Defendants' wastewater and sludge disposal, the creation of a
public water system, the implementation of various improvements to
the wastewater treatment, storage and disposal facilities, and both
compensatory and punitive damages.
With regard to personal jurisdiction over MC, the Plaintiffs argue
that, although MC is an Arkansas corporation, MC has sufficient
contacts with Delaware to support personal jurisdiction over it
under both the Delaware long-arm statute and federal Constitutional
Due Process protections. As an additional theory of personal
jurisdiction, the Amended Complaint alleges that MFODI acted as
MC's agent, and that MC as principal is liable for the acts of
MFODI as its agent in Delaware.
Judge Karsnitz notes that to withstand the Motion, the Amended
Complaint (and the Plaintiffs' Supplemental Submissions) must
allege facts sufficient to satisfy the requirements of Delaware's
long-arm statute, and the Court's exercise of jurisdiction must
comport with the requirements of Due Process Clause of the
Fourteenth Amendment of the United States Constitution. The
Delaware Supreme Court has interpreted the Delaware long-arm
statute as permitting Delaware courts to exercise personal
jurisdiction over foreign defendants up to the limits imposed by
the Due Process Clause of the Fourteenth Amendment. However, the
Delaware Supreme Court has not collapsed the analysis under the
Delaware long-arm statute into the federal Constitutional Due
Process analysis. Therefore, to exercise personal jurisdiction over
a nonresident Defendant, the Court must separately determine that
it has personal jurisdiction under both state and federal law.
To summarize, Judge Karsnitz says, the Delaware long-arm statute
confers personal jurisdiction over MC as a nonresident Defendant
where MC has taken certain actions enumerated in the statute in
Delaware either in person or through an agent. In addition, the
Plaintiffs' claims must arise out of those actions taken by MC in
Delaware; i.e., Plaintiffs' claims must relate to the particular
jurisdictional grounds alleged under the statute.
In my view, Judge Karsnitz writes, MC's actions in Delaware are
numerous and relate to several enumerated sections of the statute.
The Plaintiffs' claims arise from one or more of those actions.
There is a nexus between the Plaintiffs' claims and MC's actions in
Delaware. The Plaintiffs have demonstrated by a preponderance of
the evidence that MC's actions in Delaware set in motion a series
of events that could give rise to the Plaintiffs' claims. Judge
Karsnitz, therefore, has personal jurisdiction over MC under the
Delaware long-arm statute.
Judge Karsnitz also opines, among other things, that MC's contacts
with the State of Delaware exceeded minimum contacts; they were
numerous and purposeful. The Plaintiffs' claims arise from one or
more of the Delaware actions giving rise to those contacts. There
is a nexus between the Plaintiffs' claims and MC's purposeful
contacts with Delaware. Judge Karsnitz, therefore, has personal
jurisdiction over MC under the federal Due Process Clause.
Accordingly, the Court denies the Defendants' Motion to Dismiss for
Lack of Personal Jurisdiction under Superior Court Civil Rule
12(b)(2).
A full-text copy of the Supreme Court's June 18, 2020 Memorandum
Opinion and Order Opinion is available at
https://tinyurl.com/y9rg5wsb from Leagle.com
Chase T. Brockstedt, Esq. and Stephen A. Spence, Esq. , Baird
Mandalas Brockstedt, LLC, 1413 Savannah Road, Suite 1, Lewes, DE
19958, Attorneys for Plaintiffs.
Philip C. Federico, Esq. and Brent P. Ceryes, Esq. , Schochor,
Federico and Staton, P.A., 1211 St. Paul Street Baltimore, MD
21202, Admitted Pro Hac Vice, Attorneys for Plaintiffs.
ohn C. Phillips, Jr., Esq. and Lisa C. McLaughlin, Esq. , Phillips,
McLaughlin & Hall, 1200 North Broom Street, Wilmington, DE 19806,
Attorneys for Defendants.
F. Michael Parkowski, Esq. , Michael W. Teichman, Esq. and Elio
Battista, Jr., Esq. , Parkowski, Guerke & Swayze, P.A., 1105 North
Market Street, 19th Floor, Wilmington, DE 19801, Attorneys for
Defendants.
James R. Wedeking, Esquire , Sidley Austin LLP, 1501 K Street,
N.W., Washington, DC 20005, Admitted Pro Hac Vice, Attorneys for
Defendants.
MYSTIC STAMP: Calcano Sues in S.D. New York Over Violation of ADA
-----------------------------------------------------------------
A class action lawsuit has been filed against Mystic Stamp Company,
Inc. The case is styled as Marcos Calcano, on behalf of himself and
all other persons similarly situated v. Mystic Stamp Company, Inc.,
Case No. 1:20-cv-06776 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Mystic Stamp Company is a mail-order postage stamp dealer, one
of the largest in operation and notable for both its promotion of
stamp collecting as a hobby and for its acquisition of the Z Grill,
the rarest United States stamp.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
NATURAL DELI: Navarrete Sues Over Unpaid Minimum & Overtime Wages
-----------------------------------------------------------------
Miguel Navarrete, individually and on behalf of others similarly
situated v. JOHN DOE INC. I D/B/A NATURAL DELI, JASON LIU, and MING
DOE, Case No. 1:20-cv-06775 (S.D.N.Y., Aug. 21, 2020), is brought
for unpaid minimum and overtime wages pursuant to the Fair Labor
Standards Act of 1938, and for violations of the N.Y. Labor Law and
the "spread of hours" and overtime wage orders of the New York
Commissioner of Labor.
According to the complaint, 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. Rather, the Defendants failed to maintain accurate
recordkeeping of the hours worked and failed to pay the Plaintiff
appropriately for any hours worked, either at the straight rate of
pay or for any additional overtime premium. Further, the Defendants
failed to pay the Plaintiff the required "spread of hours" pay for
any day in which he had to work over 10 hours a day.
The Defendants maintained a policy and practice of requiring the
Plaintiff to work in excess of 40 hours per week without providing
the minimum wage and overtime compensation required by federal and
state law and regulations, says the complaint.
The Plaintiff was employed as a counter worker and food preparer.
The Defendants own, operate, or control a deli under the name of
"Natural Deli" located in the City of New York.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Phone: (212) 317-1200
Facsimile: (212) 317-1620
NAVY FEDERAL: Morrow Sues Over Unlawful Assessment of ISA Fees
--------------------------------------------------------------
Siobhan Morrow, on behalf of herself and all persons similarly
situated v. NAVY FEDERAL CREDIT UNION, Case No.
3:20-cv-01636-LAB-JLB (S.D. Cal., Aug. 21, 2020), is brought
against the NFCU arising from its unlawful assessment of
International Service Assessment Fees on purchases, which took
place in the United States.
NFCU assesses hidden ISAF charges to its debit cardholders for
purchases made online within the United States from retailers based
abroad, the Plaintiff avers.
NFCU's checking account and debit card services are governed by
NFCU's standard account agreement, which incorporates NFCU's
Schedule of Fees and Charges. The Schedule provides that a "1% per
transaction" ISAF applies only to "Point-of-sale and ATM
transactions made in foreign countries." However, nothing in the
Schedule or any other NFCU checking account document authorizes
NFCU to apply the 1% ISAF to online purchases made from within the
United States, the Plaintiff argues.
In fact, the Schedule's prohibition of such charges is confirmed by
NFCU's Web site and debit card disclosures, according to the
complaint. At the very least, the Schedule is ambiguous as to
whether "transactions made in foreign countries" means in-person
transaction made on foreign soil. Accordingly, NFCU breached its
contract with the Plaintiff each time it applies its 1% ISAF to
online purchases made within the United States.
The Plaintiff and other NFCU customers have been injured by NFCU's
wrongful assessment of ISAFs on internet purchases made within the
United States during the statute of limitations period, says the
complaint. The Plaintiff brings this proposed class action seeking
damages and other relief against NFCU for breach of contract,
breach of the implied covenant of good faith and fair dealing, and
conversion.
The Plaintiff is a resident of San Diego, California, and has a
checking account with NFCU.
NFCU is a national bank with its headquarters and principal place
of business located in Vienna, Virginia.[BN]
The Plaintiff is represented by:
Todd D. Carpenter, Esq.
Scott G. Braden, Esq.
CARLSON LYNCH LLP
1350 Columbia St., Ste. 603
San Diego, CA 92101
Phone: (619) 762-1900
Fax: (619) 756-6991
Email: tcarpenter@carlsonlynch.com
sbraden@carlsonlynch.com
NCAA: Disregards Student-Athletes' Health & Safety, Holmes Alleges
------------------------------------------------------------------
The case, MATTHEW HOLMES, individually and on behalf of all others
similarly situated v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,
Defendant, Case No. 1:20-cv-02086-SEB-MJD (S.D. Ind., August 7,
2020), arises from the Defendant's negligence, breach of express
contract, and fraudulent concealment.
According to the complaint, the Defendant recklessly disregarded
the health and safety of the Plaintiff and all others similarly
situated student-athletes at Henderson State University (HSU) by
failing to disclose material information regarding the long-term
dangers of concussions, concussion-related injuries, and
sub-concussive injuries from playing college football and by
failing to implement adequate procedures to protect the Plaintiff
and other college football players from the long-term dangers of
traumatic brain injuries (TBIs) despite knowing for decades of a
vast body of scientific research about such dangers.
As a result of the Defendant's acts and omissions, the Plaintiff
and former HSU football players suffered brain and other
neurocognitive injuries from playing National Collegiate Athletic
Association (NCAA) football.
National Collegiate Athletic Association (NCAA) is an
unincorporated association with its principal place of business
located at 700 West Washington Street, Indianapolis, Indiana. [BN]
The Plaintiff is represented by:
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: efile@raiznerlaw.com
- and –
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and –
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street, Suite 100
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NCAA: Disregards Wofford Student-Athletes' Health, Kilgore Says
---------------------------------------------------------------
The case, BYRON KILGORE, individually and on behalf of all others
similarly situated v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,
Defendant, Case No. 1:20-cv-02103-JRS-DML (S.D. Ind., August 10,
2020), arises from the Defendant's negligence, breach of express
contract, and fraudulent concealment.
The Plaintiff, on behalf of himself and all others similarly
situated former student-athletes at Wofford College, alleges that
the Defendant recklessly disregarded their health and safety by
failing to disclose material information regarding the long-term
dangers of football-related concussions and other traumatic brain
injuries (TBIs) despite knowing for decades of a vast body of
scientific research about such dangers. The National Collegiate
Athletic Association (NCAA) also failed to implement adequate
concussion management procedures and other meaningful methods to
protect the Plaintiff and other college football players from the
devastating effects of TBIs.
As a result of the Defendant's acts and omissions,
student-athletes, including Plaintiff Kilgore, experienced
repetitive concussive and sub-concussive impacts during their
college football careers, which significantly increased their risk
of developing neurodegenerative disorders and diseases.
National Collegiate Athletic Association (NCAA) is an
unincorporated association with its principal place of business
located at 700 West Washington Street, Indianapolis, Indiana. [BN]
The Plaintiff is represented by:
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: efile@raiznerlaw.com
- and –
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and –
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street, Suite 100
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NCAA: Hid Football Risks to YSU Student-Athletes, Hawkins Says
--------------------------------------------------------------
LEO HAWKINS, individually and on behalf of all others similarly
situated, Plaintiff v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,
Defendant, Case No. 1:20-cv-02087-JRS-TAB (S.D. Ind., August 7,
2020) is a class action against the Defendant for negligence,
breach of express contract, and fraudulent concealment.
The Plaintiff, on behalf of himself and all others similarly
situated former college football players, alleges that the
Defendant recklessly disregarded the debilitating long-term dangers
of concussions, concussion-related injuries, and sub-concussive
injuries from playing college football to protect the business.
Despite knowing for decades of a vast body of scientific research
describing the danger of traumatic brain injuries (TBIs), the
Defendant failed to disclose material information about TBIs'
long-term risks and failed to implement adequate procedures to
protect the Plaintiff and other Youngstown State University (YSU)
football players from the long-term dangers associated with them.
As a result of the Defendant's acts and omissions, the Plaintiff
and Class members suffered brain and other neurocognitive injuries
from playing National Collegiate Athletic Association (NCAA)
football.
National Collegiate Athletic Association (NCAA) is an
unincorporated association with its principal place of business
located at 700 West Washington Street, Indianapolis, Indiana. [BN]
The Plaintiff is represented by:
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: efile@raiznerlaw.com
- and –
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and –
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street, Suite 100
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NCAA: Ignores Football-Related Concussion Risks, Macaulay Claims
----------------------------------------------------------------
JOHN MACAULAY, individually and on behalf of all others similarly
situated, Plaintiff v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,
Defendant, Case No. 1:20-cv-02122-SEB-MJD (S.D. Ind., August 10,
2020) is a class action against the Defendant for negligence,
breach of express contract, and fraudulent concealment.
According to the complaint, the Defendant failed to protect the
health and safety of the Plaintiff and all others similarly
situated former college football players at Stanford University by
recklessly ignoring the debilitating long-term dangers of
football-related concussions and other traumatic brain injuries
(TBIs) despite knowing for decades of a vast body of scientific
research about such dangers. The Defendant also concealed material
information about TBIs' long-term risks and failed to adopt or
implement adequate concussion management safety protocols or return
to play guidelines during the Plaintiff's and Class members' time
on Stanford's football team.
As a result of the Defendant's negligence, student-athletes,
including Plaintiff Macaulay, experienced repetitive concussive and
sub-concussive impacts during his college football career, which
significantly increased their risk of developing neurodegenerative
disorders and diseases.
National Collegiate Athletic Association (NCAA) is an
unincorporated association with its principal place of business
located at 700 West Washington Street, Indianapolis, Indiana. [BN]
The Plaintiff is represented by:
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Telephone: (713) 554-9099
Facsimile: (713) 554-9098
E-mail: efile@raiznerlaw.com
- and –
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 14th Floor
Chicago, IL 60654
Telephone: (312) 589-6370
Facsimile: (312) 589-6378
E-mail: jedelson@edelson.com
brichman@edelson.com
- and –
Rafey S. Balabanian, Esq.
EDELSON PC
123 Townsend Street, Suite 100
San Francisco, CA 94107
Telephone: (415) 212-9300
Facsimile: (415) 373-9435
E-mail: rbalabanian@edelson.com
NCAA: Walden Sues Over Disregard for Health & Safety of Athletes
----------------------------------------------------------------
Robert E. Walden, individually and on behalf of all others
similarly situated v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION,
Case No. 1:20-cv-00158-LAG (M.D. Ga., Aug. 22, 2020), is brought
against the Defendant to obtain redress for injuries sustained as a
result of its reckless disregard for the health and safety of
generations of Auburn University athletes.
Despite knowing for decades of a vast body of scientific research
describing the danger of traumatic brain injuries ("TBIs") like
those the Plaintiff experienced, the Defendant failed to implement
adequate procedures to protect the Plaintiff and other Auburn
football players from the long-term dangers associated with them,
according to the complaint. It did so knowingly and for profit. As
a direct result of the Defendant's acts and omissions, the
Plaintiff and countless former Auburn football players suffered
brain and other neurocognitive injuries from playing NCAA football.
As such, the Plaintiff brings this Class Action Complaint in order
to vindicate those players' rights and hold the NCAA accountable.
The Plaintiff Robert E. Walden is a natural person currently
residing in Bainbridge, Georgia.
The NCAA is the governing body of collegiate athletics that
oversees twenty-three college sports and over 400,000 students who
participate in intercollegiate athletics, including the football
program at Greensboro.[BN]
The Plaintiff is represented by:
Cale H. Conley, Esq.
CONLEY GRIGGS PARTIN LLP
4200 Northside Parkway
Building 1, Suite 300
Atlanta, GA 30327
Phone: (404) 467-1155
Email: cale@conleygriggs.com
- and -
Eugene R. Egdorf, Esq.
Alex Barlow, Esq.
James B. Hartle, Esq.
SHRADER & ASSOCIATES, LLP
9 Greenway Plaza, Suite 2300
Houston, TX 77046
Phone: (713) 782-0000
Facsimile: (713) 571-9605
Email: gene@shraderlaw.com
Barlow@shraderlaw.com
Jim@shraderlaw.com
NETFLIX INC: Owes Video Service Provider Fees, Maple Heights Says
-----------------------------------------------------------------
City of Maple Heights, Ohio, individually and on behalf of all
others similarly situated v. NETFLIX, INC., and HULU, LLC, Case No.
1:20-cv-01872 (N.D. Ohio, Aug. 21, 2020), seeks to require the
Defendants to abide by the Ohio Revised Code, and pay what they owe
to these municipalities a video service provider fee of up to 5%
percent of their gross revenue, as derived from their providing
video service in that municipality.
The Defendants provide video service in Ohio municipalities. When
doing so, they use wireline facilities (i.e., broadband wireline
facilities) located at least in part in public rights-of- way.
Accordingly, the Defendants should be and are required by law to
pay each of those municipalities a video service provider fee of up
to 5% percent of their gross revenue, as derived from their
providing video service in that municipality, the Plaintiff
contends.
The Plaintiff argues that the Defendants have failed to pay the
required fee, necessitating this lawsuit, and entitling the
Plaintiff and the putative class to the relief requested.
As video service providers, Defendants were required to apply for
and obtain prior authorization from the director of commerce of
Ohio and provide ten days' advance, written notice to the Plaintiff
and other Ohio municipalities before it started providing its video
service in those jurisdictions, according to the complaint. The
Defendants failed to apply for, and, therefore, never received,
authorization from the Ohio director of commerce, and the
Defendants failed to provide ten days' advance, written notice to
the Plaintiff and other Ohio municipalities, and, therefore, have
been and continue to provide video service throughout Ohio without
legal authorization, and in contravention of the Ohio Revised
Code.
Had the Defendants provided the statutorily required ten days'
advance, written notice, then the Plaintiff and other Ohio
municipalities would have been provided an opportunity to notify
the Defendants of the percentage of gross revenues required to be
paid for providing video service in those jurisdictions. The
Defendants' failure to receive authorization and provide advance,
written notice, however, did not relieve the Defendants of the
obligation to pay a video service provider fee of up to 5% of their
gross revenues derived from providing such video service in those
municipalities, says the complaint.
The Plaintiff, City of Maple Heights, Ohio, is a lawfully existing
Ohio municipal corporation located in Cuyahoga County, Ohio.
The Defendants' primary business is their video service, which
offers online streaming of live video programming and a library of
films and television programs, as well as the distribution and
production of original films and television series.[BN]
The Plaintiff is represented by:
Mark A. DiCello, Esq.
Justin J. Hawal, Esq.
DICELLO LEVITT GUTZLER LLC
7556 Mentor Avenue
Mentor, OH 44060
Phone: 440-953-8888
Email: madicello@dicellolevitt.com
jhawal@dicellolevitt.com
- and -
Adam J. Levitt, Esq.
Mark Hamill, Esq.
Brittany Hartwig, Esq.
DICELLO LEVITT GUTZLER LLC
Ten North Dearborn Street, Eleventh Floor
Chicago, IL 60602
Phone: 312-214-7900
Email: alevitt@dicellolevitt.com
mhamill@dicellolevitt.com
bhartwig@dicellolevitt.com
- and -
Austin Tighe, Esq.
Michael Angelovich, Esq.
NIX PATTERSON, LLP
3600 N Capital of Texas Highway, Suite B350
Austin, TX 78746
Phone: (512) 328-5333
Email: atighe@nixlaw.com
mangelovich@nixlaw.com
- and -
Peter Schneider, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP
3700 Buffalo Speedway, Suite 960
Houston, TX 77098
Phone: (713) 338-2560
Email: pschneider@schneiderwallace.com
- and -
Todd M. Schneider, Esq.
Jason H. Kim, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP
2000 Powell Street, Ste. 1400
Emeryville, CA 94608
Phone: (415) 421-7100
Email: tschneider@schneiderwallace.com
jkim@schneiderwallace.com
NEXXT INC: Has Made Unsolicited Calls, Abitbol et al. Claim
-----------------------------------------------------------
DAVID ABITBOL; and ORLENE NOSEK, individually and on behalf of
others similarly situated, Plaintiffs v. NEXXT, INC.; and DOES 1
through 10, inclusive, Defendants, Case No. 2:20-cv-06660 (C.D.
Cal., July 24, 2020) seeks to stop the Defendants' practice of
making unsolicited calls.
Nextt Inc. owns and operates a social network. The Company offers a
social network for friends to connect online and share locations,
photos, news feeds, and microblogs. [BN]
The Plaintiff is represented by:
John R. Habashy, Esq.
Tiffany N. Buda, Esq.
LEXICON LAW, PC
633 W. 5th Street, 28th Floor
Los Angeles, CA 90071
Telephone: (213) 223-5900
Facsimile: (888) 373-2107
E-mail: john@lexiconlaw.com
tiffany@lexiconlaw.com
- and -
Daniel A. Edelman, Esq.
Cathleen M. Combs, Esq.
EDELMAN COMBS LATTURNER & GOODWIN, LLC
20 South Clark Street, Suite 1500
Chicago, IL 60603-1824
Telephone: (312) 739-4200
Facsimile: (312) 419-0379
E-mail: courtecl@edcombs.com
ccombs@edcombs.com
NINETY FIVE: Marmolejo Balks at Unlawful Labor Practices
--------------------------------------------------------
LUCIA MARMOLEJO, on behalf of herself and all others similarly
situated, Plaintiff, vs. NINETY FIVE SOUTH, INC.; and DOES 1-10,
inclusive, Defendants, Case No. CGC-20-585807 (Calif. Super., San
Francisco Cty., August 6, 2020) seeks penalties for Defendant's
failure to provide adequate wage statements, payments for
reimbursement of business expenses, interest thereon, and
reasonable attorneys' fees and costs pursuant to Labor Code section
2802, and Code of Civil Procedure section 1021.5.
Plaintiff, on behalf of herself and the Class Members, also seeks
equitable and injunctive relief for these violations pursuant to
Business and Professions Code sections 17200-17208. Plaintiff also
brings a claim seeking penalties under the Private Attorneys
General Act of 2004 ("PAGA"), Labor Code section 2698, et seg., on
a representative basis, on behalf of all current and former
aggrieved employees.
Plaintiff alleges that through common practices, policies, and/or
schemes, Defendant has systematically failed to reimburse employees
for out-of-pocket expenses for work-related use of their personal
cell phones.
Defendant has required Plaintiff and Class Members to use their
personal cell phones for work-related purposes, including but not
limited to using cell phone applications to clock in and out and to
communicate with supervisors and co-workers.
By requiring Plaintiff and Class Members to incur business expenses
in direct consequence of the discharge of their duties for
Defendant and/or in obedience to Defendant's direction without
fully reimbursing or indemnifying employees for these expenses,
Defendant has violated and continues to violate Labor Code section
2802.
Plaintiff was a non-exempt hourly cleaner employed by Defendant in
San Francisco, California during the Class Period.
Ninety Five South, Inc. provides facility management services
throughout the state of California.[BN]
The Plaintiff is represented by:
Hunter Pyle, Esq.
Vincent Chen, Esq.
HUNTER PYLE LAW
428 Thirteenth Street, Eleventh Floor
Oakland, CA 94612
Telephone: (510) 444-4400
Facsimile: (510) 444-4410
E-mail: hunter@hunterpylelaw.com
vchen@hunterpylelaw.com
NUTRA MANUFACTURING: Amavizca Sues over Mislabled Food Supplement
-----------------------------------------------------------------
RIGO AMAVIZCA, individually and on behalf of all others similarly
situated, Plaintiff v. NUTRA MANUFACTURING, LLC; and INTERNATIONAL
VITAMIN CORPORATION, Defendants, Case No. 8:20-cv-01324 (C.D. Cal.,
July 22, 2020) is a class action on behalf of all purchasers of any
products manufactured and distributed by the Defendants labeled to
contain Glucosamine Sulfate.
According to the complaint, in or around May 2019, the Plaintiff
purchased a bottle of "Glucosamine Sulfate 550" from the GNC
Atlantic Square storefront in Monterey Park, CA 91754. In March
2020, the Plaintiff's counsel sent some of the contents of the
bottle of "Glucosamine Sulfate 550" that the Plaintiff had
purchased, and some of which he had consumed, to a laboratory for
analysis. The lab's "Report of Analysis" concluded that the primary
composition of the capsules consisted of Glucosamine Hydrochloride
and Sodium Sulfate. The analysis found no trace of Glucosamine
Sulfate, contrary to the claims on the product label.
The Plaintiff and the class suffered damage and detriment as a
result of the Defendants' misrepresentations. The Plaintiff
purchased "Glucosamine Sulfate 550," one of the Defendants'
Glucosamine Sulfate Products, because he believed it contained
Glucosamine Sulfate. Had the product label truthfully disclosed
that it did not contain Glucosamine Sulfate, the Plaintiff would
not have purchased the product.
Nutra Manufacturing, Inc. provides pharmaceutical services. The
Company offers manufacturing, packaging, weighing, distribution,
and warehousing services. Nutra Manufacturing operates worldwide.
[BN]
The Plaintiff is represented by:
Jonathan M. Rotter, Esq.
Danielle L. Manning, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
E-mail: jrotter@glancylaw.com
dmanning@glancylaw.com
NUWAVE LLC: Dawson Sues in S.D. New York Alleging ADA Violation
---------------------------------------------------------------
A class action lawsuit has been filed against Nuwave, LLC. The case
is styled as Leshawn Dawson, on behalf of himself and all others
similarly situated v. Nuwave, LLC, Case No. 1:20-cv-06746
(S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
NuWave, LLC, is a rapidly growing housewares corporation located in
Libertyville, Illinois.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
OLD DOMINION: Fails to Pay Overtime Wages Under FLSA, Rizk Claims
-----------------------------------------------------------------
Eileen Rizk, individually and on behalf of all others similarly
situated v. OLD DOMINION FREIGHT LINE, INC., Case No. 1:20-cv-01865
(N.D. Ohio, Aug. 21, 2020), is brought against the Defendant for
its violation of the Fair Labor Standards Act, the Ohio Minimum
Fair Wage Standards Act, and the Prompt Pay Act by failing to pay
the Plaintiff overtime compensation for hours worked in excess of
40 hours in one week.
The Plaintiff routinely work(ed) more than 40 hours in a workweek
but was not paid an overtime premium for any of their overtime
hours, according to the complaint. As a result of the Defendant's
unlawful classification of the Plaintiff as "exempt" for the
purposes of overtime compensation, and the Defendant's failure to
compensate the Plaintiff for all hours worked, the Defendant has
violated the requirements of the FLSA, the OMFWSA, and the Prompt
Pay Act.
The Plaintiff was hired by the Defendant as an Over, Short, and
Damaged (OS&D) Clerk in February 2008, and was promoted to OS&D
supervisor in February 2018.
The Defendant provides less-than-truckload ("LTL") shipping and
global transportation to the general public.[BN]
The Plaintiff is represented by:
Claire I. Wade-Kilts, Esq.
Sean H. Sobel, Esq.
SOBEL, WADE & MAPLEY, LLC
2460 Fairmount Boulevard, Ste. 314
Cleveland, OH 44106
Phone: (216) 223-7213
Fax: (216) 223-7213
Email: wade@swmlawfirm.com
sobel@swmlawfirm.com
ONEIDA COUNTY, NY: Williamson Appeals Decision in Prisoner Suit
---------------------------------------------------------------
Plaintiffs Nicole Williamson, Sarah Barrett, and Sarah Barrett
filed an appeal from the District Court's Memorandum-Decision and
Order dated August 3, 2020, entered in the lawsuit entitled Nicole
Williamson v. Robert Maciol, Case No. 20-cv-537, in the U.S.
District Court for the Northern District of New York (Syracuse).
Robert Maciol is sued in his capacity as the Sheriff of Oneida
County and the president of the New York State Sheriff's
Association.
As previously reported in the Class Action Reporter on May 28,
2020, the Plaintiffs will move the Court on July 7, 2020 for an
order certifying this proceeding as a class action together with
other relief as may be just pursuant to Rule 23 of the Federal
Rules of Civil Procedure.
Oneida County is a county located in the state of New York.
The nature of suit is stated as Prisoner Civil Rights.
The appellate case is captioned as Nicole Williamson v. Robert
Maciol, Case No. 20-2779, in the United States Court of Appeals for
the Second Circuit.[BN]
Plaintiffs-Appellants Nicole Williamson, on behalf of themselves
and all others similarly situated; Sarah Barrett, on behalf of
themselves and all others similarly situated; and Shannon Terrell,
on behalf of themselves and all others similarly situated, are
represented by:
Joshua Cotter, Esq.
LEGAL SERVICES OF CENTRAL NEW YORK
472 South Salina Street
Syracuse, NY 13202
Telephone: (315) 703-6579
E-mail: jcotter@lscny.org
Defendants-Appellees Robert Maciol and Lisa Zurek, Chief Deputy
Oneida County Jail, are represented by:
David H. Walsh, IV, Esq.
KENNEY SHELTON LIPTAK NOWAK LLP
4615 North Street
Jamesville, NY 13078
Telephone: (315) 492-3000
E-mail: DHWalsh@kslnlaw.com
ONEIDA COUNTY: Court Grants Class Certification in Williamson Suit
------------------------------------------------------------------
In class action lawsuit captioned as NICOLE WILLIAMSON, et al., v.
ROBERT MACIOL, Oneida County Sheriff, and LISA ZUREK, Chief Deputy
Oneida County Jail, Case No. 9:20-cv-00537-MAD-DJS (N.D.N.Y.), the
Hon. Judge Mae A. D'Agostino entered an order:
1. granting the Plaintiffs' motion for class certification;
2. denying the Plaintiffs' motion for a preliminary
injunction; and
3. directing the Clerk of the Court to serve a copy of this
Memorandum-Decision and Order on all parties in accordance
with the Local Rules.
The Court said the members of the class are readily identifiable
pursuant to objective criteria, including, but not limited to, the
records maintained by the Defendants. In sum, the Plaintiffs have
affirmatively demonstrated their compliance with the requirements
for class certification.
The Court cannot agree that the Plaintiffs are substantially likely
to succeed on the merits of their claims based on the heightened
burden required for a mandatory preliminary injunction. Therefore,
the Court denies Plaintiffs' motion for a preliminary injunction.
The decision of a federal court to interfere in the daily
operations of a local jail should not be made lightly. At this
stage, the Court is unwilling to undertake this disfavored
activity. Accordingly, the Court finds that the equities and public
interest weigh decidedly against granting the requested injunctive
relief.
The Plaintiffs are currently housed at the Oneida County Jail,
which is a correctional facility located in Oriskany, New York. The
Oneida County Jail is approximately 200 years old, and is comprised
of various housing units. As of June 17, 2020, the Oneida County
Jail held 228 inmates, comprising of 202 males and 26 females.[CC]
The Plaintiffs are represented by:
Joshua T. Cotter, Esq.
Samuel C. Young, Esq.
Maurie G. Heins, Esq.
Sara Adams, Esq.
LEGAL SERVICES OF CENTRAL NEW YORK
221 South Warren Street, Suite 300
Syracuse, NY 13202
Attorneys for the Defendants are:
David H. Walsh, IV, Esq.
Daniel cartwright, Esq.
KENNEY SHELTON LIPTAK NOWAK LLP
4615 North Street
Jamesville, NY 13078
OPTIO SOLUTIONS: Anfibio Files FDCPA Class Suit in D. New Jersey
----------------------------------------------------------------
A class action lawsuit has been filed against OPTIO SOLUTIONS LLC.
The case is styled as Roario Anfibio, on behalf of himself and all
others similarly situated v. OPTIO SOLUTIONS LLC, Case No.
2:20-cv-11146-CCC-ESK (D.N.J., Aug. 23, 2020).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Optio Solutions, LLC, is a national debt collection agency.[BN]
The Plaintiff is represented by:
Michael F. Niznik, Jr., Esq.
LAW OFFICE OF MICHAEL F. NIZNIK
1500 Walnut St., Ste. 900
Philadelphia, PA 19102
Phone: (267) 589-0601
Email: michael@nizniklaw.com
OXYGEN HOOKAH: Fails to Pay Overtime Wages Under FLSA, Gomez Says
-----------------------------------------------------------------
GABRIEL GOMEZ, individually and on behalf of all others similarly
situated v. OXYGEN HOOKAH & SMOKE INC. and MARWAN A. MAHDI, Case
No. 7:20-cv-06688 (S.D.N.Y., Aug. 20, 2020), alleges that the
Defendants violated the Fair Labor Standards Act and New York Labor
Law by failing to compensate the Plaintiff and other workers
overtime pay for all hours worked in excess of 40 hours in a
workweek.
The Defendants have also failed to post notices of the minimum wage
and overtime wage requirements in a conspicuous place at their
workplace, and to keep accurate payroll records, according to the
complaint
The Plaintiff was employed by the Defendants as an hourly-paid
employee in New York from April 2016 until February 2020. His
primary duties were stocking supplies, cleaning, customer service,
and performing other miscellaneous tasks.
Oxygen Hookah & Smoke Inc. is a tobacco shop with a principal place
of business located at 81 E. Burnside Ave., in Bronx, New York.
[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
OZARK PIZZA: Fails to Pay Minimum Wage to Drivers, St. John Says
----------------------------------------------------------------
DIANA ST. JOHN, individually and on behalf of all others similarly
situated, Plaintiff v. OZARK PIZZA COMPANY, LLC, ERIC MURPHY and
KIRK BROWN, Defendants, Case No 4:20-cv-00889-BSM (E.D. Ark.,
August 5, 2020) is a collective action complaint brought against
Defendants for their alleged unlawful pay policies, practices, and
procedures in violations of the Fair Labor Standards Act.
Plaintiff was employed by Defendants from approximately August 2015
until July 2020 as an hourly-paid delivery driver employee at
Defendant's restaurant located at 215 Farris Road, Conway, Arkansas
72032.
Plaintiff claims that Defendant paid him and other delivery drivers
less than minimum wage per hour plus a "tip credit" for all hours
worked outside of the restaurant making deliveries.
Additionally, Defendant did not reimburse delivery drivers at the
IRS standard business mileage rate and at a reasonable
approximation of the drivers' expenses, thereby depriving them of
minimum wages guaranteed to them by the FLSA.
Ozark Pizza Company, LLC is a pizza restaurant which operates
several Papa John's franchise locations. [BN]
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 South Shackleford Road, Suite 411
Little Rock, AR 72211
Tel: (501) 221-0088
Fax: (888) 787-2040
Email: josh@sanfordlawfirm.com
P&K USA TRADING: Dawson Sues in S.D. New York Over ADA Violation
----------------------------------------------------------------
A class action lawsuit has been filed against P & K USA Trading
Corp. The case is styled as Leshawn Dawson, on behalf of himself
and all others similarly situated v. P & K USA Trading Corp., Case
No. 1:20-cv-06741 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
P & K USA Trading Corp. is in the business of Housewares in Long
Island City, New York.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
P.B.R. MANAGEMENT: Faces Marrero Suit Over Telemarketing Robocalls
------------------------------------------------------------------
JESANIEL MARRERO, individually and on behalf of all others
similarly situated, Plaintiff, v. P.B.R. MANAGEMENT INC., a
Delaware corporation, and JON ROOFEIIM, Defendants, Case No.
2:20-cv-07112 (C.D. Cal., August 7, 2020) is an action brought by
the Plaintiff to enforce the consumer-privacy provisions of the
Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. Section 227,
a federal statute enacted in 1991 in response to widespread public
outrage about the proliferation of automated and prerecorded
telephone calls, which, Congress found, were rightly regarded as in
invasion of privacy.
Plaintiff alleges that P.B.R. Management, Inc., at the direction of
Jon Roofeiim, made pre-recorded telemarketing calls to Plaintiff
and other putative class members without their consent.
Notably, Plaintiff has previously sued PBR Management for prior
TCPA violations arising from the identical conduct -- the making of
unsolicited prerecorded telemarketing calls -- but PBR Management
has failed to correct its conduct, making its violations in this
instance willful and knowing.
Plaintiff and putative class members never consented to receive
these calls. Because prerecorded voice marketing campaigns
generally place calls to hundreds of thousands or even millions of
potential customers en masse, Plaintiff brings this action on
behalf of a proposed nationwide class of other persons who received
illegal robocalls from or on behalf of the Defendants.
PBR Management, Inc. is a California-based company that offers
marketing services, with a focus on Internet based presence.[BN]
The Plaintiff is represented by:
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Telephone: (305) 469-5881
E-mail: rachel@kaufmanpa.com
PAPA JOHN'S: Fails to Properly Reimburse, Cook Claims
-----------------------------------------------------
The case, GARRICK COOK, individually and on behalf of similarly
situated persons, Plaintiff v. PAPA JOHN'S PADUCAH, LLC and ROBERT
WORKMAN, individually, Defendants, Case No. 5;20-cv-00129-TBR (W.D.
Ky., August 4, 2020) arises from Defendants' alleged violations of
the Fair Labor Standards Act.
Plaintiff was employed by Defendant as a delivery driver at
Defendants' Papa John's stores located in Paducah, Kentucky from
October 2012 until March 2020.
Plaintiff claims that Defendants employed a reimbursement policy
wherein delivery drivers were reimbursed at a rate much less than
any reasonable approximation of delivery drivers' automobile
expenses, thereby failing to pay them the federal minimum wage.
Additionally, Defendants failed to keep accurate records of
deductions from delivery drivers' wages.
Robert Workman is an owner, officer, and director of corporate
Defendant Papa John's Paducah, LLC.
Papa John's Paducah, LLC operates numerous Papa John's Pizza
franchise stores. [BN]
The Plaintiff is represented by:
David O'Brien Suetholz, Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
515 Park Avenue
Louisville, KY 40208
Tel: 502-636-4333
Email: davids@bsjfirm.com
- and –
J. Gerard Stranch, IV, Esq.
Joe P. Leniski, Jr., Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
223 Rosa L. Parks Ave., Ste. 200
Nashville, TN 37203
Tel: (615) 254-8801
Fax: (615) 255-5419
Email: gerards@bsjfirm.com
joeyl@bsjfirm.com
- and –
Jay Forester, Esq.
FORESTER HAYNIE PLLC
400 N St. Paul St., Ste. 700
Dallas, TX 75201
Tel: (214) 210-2100
Fax: (214) 346-5909
Email: jay@foresterhaynie.com
PETCO ANIMAL: Fails to Timely Pay Wages, Caul Claims
----------------------------------------------------
AISHAYA CAUL, individually and on behalf of all others similarly
situated, Plaintiff v. PETCO ANIMAL SUPPLIES, INC. and PETCO ANIMAL
SUPPLIES STORES, INC., Defendants, Case No. 1:20-cv-03534
(E.D.N.Y., August 5, 2020) is a class action complaint brought
against Defendants for their alleged violations of the New York
Labor Law (NYLL).
Plaintiff worked for Defendants as a "guest experience specialist"
from on or about October 12, 2018 to on or about June 30, 2020.
Plaintiff alleges that Defendants failed to properly pay him and
other Manual Workers their wages earned within seven calendar days
because Defendants compensated them only on a bi-weekly basis. For
instance, Defendants paid Plaintiff her lawfully earned wages on
February 15, 2019 for the period beginning on January 27, 2019 and
ending February 9, 2019. As a result, Defendants failed to pay
Plaintiff her wages earned from January 27 to February 2, 2019 by
February 9, 2019.
Moreover, Defendants allegedly failed to furnish Plaintiff and the
New York Class with an accurate statement of wages which specifies
the number of hours she worked per week pursuant to the NYLL.
PetCo Animal Supplies, Inc. and PetCo Animal Supplies Stores, Inc.
sell pet supplies throughout their stores in New York. [BN]
The Plaintiff is represented by:
Brian S. Schaffer, Esq.
Hunter G. Benharris, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Tel: (212) 300-0375
Website: https://www.fslawfirm.com/legal-team
PHILADELPHIA INDEMNITY: NBS Fitness Seeks Pay for COVID-19 Losses
-----------------------------------------------------------------
NBS FITNESS LLC, individually and on behalf of all others similarly
situated v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Case No.
2:20-cv-04059-TJS (E.D. Pa., Aug. 20, 2020), is brought against the
Defendant for breach of contract and breach of duty of good faith
and fair dealing.
According to the complaint, the Defendant failed to comply with its
contractual obligations to the Plaintiff and all others similarly
situated policyholders by denying claims under Business Income
Coverage, Extra Expense Coverage, and Civil Authority Coverage of
Philadelphia Indemnity's Insurance Policy.
The Plaintiff and Class members suffered business losses as a
result of the suspensions and interruptions of their business
operations in order to comply with Tennessee Governor Bill Lee's
orders to suspend the physical use of gyms and fitness centers in
response to the COVID-19 pandemic. These direct physical losses of
and/or damages to their insured premises are covered losses under
the Defendant's policy because the policy provides coverage for
all-risks. The Plaintiff and Class members have complied with their
contractual obligations and they are entitled to payment for these
losses and expenses, the Plaintiff contends.
NBS Fitness, LLC, operates a fitness center at 556 Trinity Creek
Cove, Suite A, in Cordova, Tennessee.
Philadelphia Indemnity Insurance Company is an insurance provider
with its principal place of business at One Bala Plaza, Suite 100,
in Bala Cynwyd, Pennsylvania. [BN]
The Plaintiff is represented by:
Adam J. Gomez, Esq.
GRANT & EISENHOFER P.A.
123 Justison Street, Suite 601
Wilmington, DE 19801
Telephone: (302) 622-7000
- and –
M. Elizabeth Graham, Esq.
GRANT & EISENHOFER P.A.
One Market Street
Spear Tower, 36th Floor
San Francisco, CA 94105
Telephone: (415) 789-4367
- and –
Diandra S. Debrosse Zimmermann, Esq.
April S. Rogers, Esq.
GRANT & EISENHOFER P.A.
505 20th Street N, Suite 1450
Birmingham, AL 35203
Telephone: (205) 453-6415
- and –
L.N. Chandler Rogers, Esq.
ROGERS LAW GROUP, P.A.
201 East Bankhead Street
P.O. Box 1771
New Albany, MS 38652
Telephone: (662) 538-5990
PLATINUM PLUS: Perrong Sues Over Unsolicited Telemarketing Calls
----------------------------------------------------------------
ANDREW PERRONG, on behalf of himself and others similarly situated,
Plaintiff v. PLATINUM PLUS AUTO PROTECTION, INC., Defendant, Case
No. 2:20-cv-03774 (E.D. Pa., August 4, 2020) is a class action
complaint brought against Defendant for its alleged violations of
the Telephone Consumer Protection Act.
According to the complaint, Defendant placed calls on July 29 and
30, 2020 to Plaintiff's telephone number 215-322-XXXX, which was
registered on the National Do Not Call Registry and Pennsylvania Do
Not Call Registry, in an attempt to promote its services despite
without Plaintiff's prior express written consent to receive such
calls. Although Plaintiff made a request to no longer be contacted
by Defendant, Defendant called Plaintiff's telephone number again
on July 31, 2020.
The complaint asserts that Plaintiff and all members of the Class
have been harmed by Defendant's unlawful conduct because their
privacy has been invaded, they were annoyed and harassed, and they
were charged for incoming calls.
Platinum Plus Auto Protection, Inc. provides chimney cleaning
service. [BN]
The Plaintiff is represented by:
Clayton S. Morrow, Esq.
MORROW & ARTIM, PC
304 Ross Street, 7th Floor
Pittsburgh, PA 15219
Tel: (412) 281-1250
Email: csm@consumerlaw365.com
- and –
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Tel: (617) 485-0018
Fax: (508) 318-8100
Email: Anthony@paronichlaw.com
PRINCESS POLLY: Tenzer-Fuchs Files ADA Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Princess Polly USA,
Inc. The case is styled as Michelle Tenzer-Fuchs, on behalf of
herself and all others similarly situated v. Princess Polly USA,
Inc., Case No. 2:20-cv-03873 (E.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Princess Polly USA, Inc., is located in West Hollywood, CA, United
States and is part of the Clothing Stores Industry.
The Plaintiff appears pro se.[BN]
PRODUCERS SERVICE: Oilfield Workers Suit Get Class Status
---------------------------------------------------------
In class action lawsuit captioned as NATHAN ANDREWS, Individually
and on Behalf of All Others Similarly Situated, v. PRODUCERS
SERVICE CORPORATION, Case No. 2:19-cv-02514-EAS-KAJ (S.D. Ohio),
the Hon. Judge Edmund S. Sargus entered an order granting, in part,
and denying, in part, the Plaintiff's motion for conditional
certification of collective action, for disclosure of potential
opt-in Plaintiffs' contact information, and to send court-approved
notice
The Court grants the Plaintiff's motion for conditional class
certification and court-supervised notice for:
all non-management oilfield operations employees since June
17, 2016, excluding any individual who has an active Consent
to Join filed in the case Casarez v. Producers Service Corp.,
Case No. 2:17-cv-1086 (S.D. Ohio).
The Defendant is directed to produce the requested information
pertaining to each potential class member. The Court approves of
the Plaintiff's proposed documents, and the proposed methods of
delivery.
The Court held that Plaintiff could only send a text message "upon
a showing that notice by postal and electronic mail is insufficient
as to any given potential opt-in plaintiff." Accordingly, the
Plaintiff may send the Notice by both first-class mail and email,
but not by text message.
The Plaintiff filed the present suit pursuant to the Fair Labor
Standards Act, the Ohio Minimum Fair Wage Standards Act, and the
Ohio Prompt Pay Act. The Plaintiff seeks to recover unpaid overtime
wages from the Defendant for certain former and current
non-management oilfield operations employees who worked in excess
of forty hours per week for the three-year period preceding the
date on which Plaintiff filed his Complaint in this case.
The Plaintiff worked as a field service employee for the Defendant
from April 2018 through November 2018. The Plaintiff worked in a
non-managerial, hourly position performing manual labor at oil well
sites assisting others in pumping and fracking oil wells.
The Defendant provides high pressure pumping, shale fracturing and
acidizing, and water pumping services to its customers in the oil
and gas industry. The Defendant operates in oil and gas fields in
Ohio, Oklahoma, West Virginia, New Mexico, Pennsylvania, and
Texas.[CC]
QUALITY ASSURANCE: Faces Jensen Wage-and-Hour Suit in C.D. Cal.
---------------------------------------------------------------
CARA JENSEN, individually and on behalf of all others similarly
situated, Plaintiff v. QUALITY ASSURANCE ADJUSTING SERVICES, INC.,
Defendant, Case No. 2:20-cv-07140 (C.D. Cal., August 7, 2020) is a
class action against the Defendant for violations of the Fair Labor
Standards Act and the California Labor Code by failing to
compensate the Plaintiff and all others similarly situated
appraisers overtime pay for all hours worked in excess of 40 hours
in a workweek due to misclassifying them as exempt employees,
failing to reimburse them for the costs of operating their personal
vehicles for work, and failing to furnish wage statements.
The Plaintiff was employed by the Defendant as an appraiser from
approximately September 2017 to March 2018 in California.
Quality Assurance Adjusting Services, Inc. is a national company
that provides insurance claim adjusting services and automobile
damage appraisal services. It is doing business in California.
[BN]
The Plaintiff is represented by:
David A. Tashroudian, Esq.
Mona Tashroudian, Esq.
TASHROUDIAN LAW GROUP, APC
5900 Canoga Ave., Suite 250
Woodland Hills, CA 91367
Telephone: (818) 561-7381
Facsimile: (818) 561-7381
E-mail: david@tashlawgroup.com
mona@tashlawgroup.com
- and –
Don J. Foty, Esq.
HODGES & FOTY, LLP
4409 Montrose Blvd., Suite 200
Houston, TX 77006
Telephone: (713) 523-0001
Facsimile: (713) 523-1116
E-mail: dfoty@hftrialfirm.com
- and –
Ricardo J. Prieto, Esq.
Melinda Arbuckle, Esq.
SHELLIST | LAZARZ | SLOBIN LLP
11 Greenway Plaza, Suite 1515
Houston, TX 77046
Telephone: (713) 621-2277
Facsimile: (713) 621-0993
E-mail: rprieto@eeoc.net
marbuckle@eeoc.net
REAL SOLUTIONS: Goldsmith Seeks OT Pay for Office Coordinators
--------------------------------------------------------------
BRITTANY GOLDSMITH, individually and on behalf of all others
similarly situated, Plaintiff v. REAL SOLUTIONS REALTY COMPANY,
LLC, Defendant, Case No. 2:20-cv-03989-EAS-KAJ (S.D. Ohio, August
6, 2020) is a class action against the Defendant for violations of
the Fair Labor Standards Act, the Ohio Minimum Fair Wage Standards
Act, and the Ohio Prompt Pay Act by failing to compensate the
Plaintiff and all others similarly situated non-exempt employees
overtime pay for all hours worked in excess of 40 hours in a
workweek and failing to maintain accurate records of all hours
worked each workday and within each workweek.
The Plaintiff was employed as an hourly office coordinator at the
Defendant's office located at 3656 Broadway, Grove City, Ohio from
2015 to 2016 and from 2018 until the present.
Real Solutions Realty Company, LLC is a real estate and property
management company that buys, sells, rents, and manages properties
in the State of Ohio. It maintains a principal place of business at
3656 Broadway, Grove City, Ohio. [BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite #126
Columbus, OH 43220
Telephone: (614) 949-1181
Facsimile: (614) 386-9964
E-mail: mcoffman@mcoffmanlegal.com
RECREATIONAL EQUIPMENT: Merola Says Hand Sanitizer Ads "Deceptive"
------------------------------------------------------------------
STEVEN MEROLA, individually and on behalf of all others similarly
situated, Plaintiff v. RECREATIONAL EQUIPMENT, INC. and SAFEHANDS
SOLUTIONS LLC, Defendants, Case No. 1:20-cv-11504-WGY (D. Mass.,
August 11, 2020) is a class action against the Defendants for
violations of Untrue and Misleading Advertising under Massachusetts
General Laws and unjust enrichment.
According to the complaint, the Defendants are engaged in false and
deceptive advertising and labeling of the SafeHands hand sanitizer.
The product's representation about its ability to kill 99.99% of
all germs is misleading because it does not kill 99.99% of germs
and does not protect users against a variety of bacteria including
certain strains of influenza, common cold, and SARS CoV-2, the
illness causing COVID-19.
As a result of the Defendants' misrepresentations, the Plaintiff
and Class members are led to believe that the proper use of the
product will prevent diseases and will kill at least 99.99% of all
germs causing illnesses.
Recreational Equipment, Inc. is an office retail consumer business
enterprise that operates as a specialty outdoor cooperative, with
its principal place of business in Bellevue, Washington.
SafeHands Solutions, LLC is a manufacturer of hand sanitizers, with
its principal place of business in Wilbraham, Massachusetts. [BN]
The Plaintiff is represented by:
Edward L. Manchur, Esq.
P.O. Box 3156
Peabody, MA 01960
Telephone: (978) 333-1013
E-mail: manchurlaw@gmail.com
REDKORR LLC: Faces Nieman TCPA Suit in Calif. Over Unwanted Texts
-----------------------------------------------------------------
Karly Nieman, individually and on behalf of all others similarly
situated v. REDKORR, LLC dba KORRAGENT; NEX COMPANIES, LLC; and
DOES 1-10 Inclusive, Case No. 2:20-cv-07630 (C.D. Cal., Aug. 21,
2020), is brought for damages, injunctive relief, and other legal
remedies resulting from the illegal actions of the Defendants in
negligently contacting the Plaintiff's cellular telephone in
violation of the Telephone Consumer Protection Act, thereby,
invading her privacy and causing her to incur unnecessary and
unwanted expenses.
The Defendants began to use the Plaintiff's cellular telephone for
the purpose of sending her spam advertisements and/or promotional
offers, via text messages, including a text message sent to and
received by the Plaintiff on December 6, 2019, according to the
complaint. These text messages placed to the Plaintiff's cellular
telephone were placed via an "automatic telephone dialing system,"
("ATDS") as prohibited by the TCPA. The Plaintiff was never a
customer of the Defendants and never provided her cellular
telephone number Defendants for any reason whatsoever. Accordingly,
the Defendants and their agents never received the Plaintiff prior
express consent to receive unsolicited text messages. These text
messages by the Defendants, or their agents, violated the TCPA.
The Plaintiff is a natural person residing in Beverly Hills,
California.
The Defendants are real estate companies.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
Meghan E. George, Esq.
Adrian R. Bacon, Esq.
LAW OFFICES OF TODD M. FRIEDMAN, P.C.
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367
Phone: (323) 306-4234
Fax: 866-633-0228
Email: tfriedman@toddflaw.com
mgeorge@toddflaw.com
abacon@toddflaw.com
SAFE PUBLICATIONS: Faces Calcano ADA Class Suit in S.D. New York
----------------------------------------------------------------
A class action lawsuit has been filed against Safe Publications,
Inc. The case is styled as Marcos Calcano, on behalf of himself and
all other persons similarly situated v. Safe Publications, Inc.,
Case No. 1:20-cv-06778 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
SAFE offers the best stamp collecting and philatelic supplies.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
SCHNEIDER NATIONAL: Ellsworth Suit Removed to C.D. California
-------------------------------------------------------------
The case captioned Jarrell Ellsworth, an Individual, on behalf of
himself and others similarly situated v. Schneider National
Carriers Inc., a Nevada corporation, Case No. CIVDS2012486, was
removed from the Superior Court of the State of California for the
County of San Bernardino to the U.S. District Court for the Central
District of California on Aug. 21, 2020.
The District Court Clerk assigned Case No. 5:20-cv-01699 to the
proceeding.
The nature of suit is stated as Consumer Credit for Contract
Dispute.
Schneider National Carriers Inc. provides transportation services.
The Company offers freight transportation, cargo, truckload, and
logistic services.
The Plaintiff appears pro se.[BN]
The Movant is represented by:
Sabrina A Beldner, Esq.
MCGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Phone: (310) 315-8200
Fax: (310) 315-8210
Email: sbeldner@mcguirewoods.com
SEAGATE US: Ward Sues Over Inaccurate Wage Statements
-----------------------------------------------------
MARK WARD, as an individual and on behalf of all others similarly
situated, Plaintiff v. SEAGATE US LLC, a Delaware limited liability
company; and DOES 1 through 50, inclusive, Defendants, Case No.
20CV368917 (Cal. Sup. Ct., August 5, 2020) brings this complaint
against Defendants for their alleged violations of the California
Labor Code.
Plaintiff worked for Defendants as a non-exempt and hourly-paid
engineer from in or about January 2015 until on or about May 18,
2020.
The complaint alleges that Defendants failed to identify the
applicable hourly rate of pay and corresponding hours worked
whenever Shift OT and/or Shift Premium wages were paid. As a
result, Defendants issued inaccurate wage statements which
blatantly omit both the applicable hourly rates of pay and hours
worked used to calculate those wages.
The complaint asserts that Plaintiff and Class Members were injured
by Defendants' issuance of inaccurate wage statements because they
are unable to determine whether they were accurately paid by
Defendants those wages during each particular pay period based on
information provided on the wage statements.
Moreover, Defendants failed to include non-discretionary incentive
wages and Shift Premium wages when calculating sick pay at the
regular rate of pay, thereby underpaying Plaintiff and Class
Members' sick pay.
Seagate US LLC manufactures data storage systems. [BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
Mai Tulyathan, Esq.
DIVERSITY LAW GROUP, P.C.
515 S. Figueroa St., Suite 1250
Los Angeles, CA 90071
Tel: (213) 488-6555
Fax: (213) 488-6554
Emails: lwlee@diversitylaw.com
ktulyathan@diversitylaw.com
- and –
William L. Marder, Esq.
POLARIS LAW GROUP LLP
501 San Benito St., Suite 200
Hollister, CA 95023
Tel: (831) 531-4214
Fax: (831) 634-0333
Emails: bill@polarislawgroup.com
SENTINEL INSURANCE: Studios Seek Pay for Losses Due to COVID-19
---------------------------------------------------------------
KCJ STUDIOS, LLC, dba Barre3 Ballard Exercise Studio; HUMBLE
WARRIOR LLC, dba Barre3 Roosevelt & Capitol Hill; and ALELG, LLC,
dba Barre3 Felida, individually and on behalf of all others
similarly situated, Plaintiffs v. SENTINEL INSURANCE COMPANY,
LIMITED, Defendant, Case No. 2:20-cv-01207 (W.D. Wash., August 10,
2020) is a class action against the Defendant for breach of
contract.
According to the complaint, the Defendant denied the Plaintiffs'
insurance claims for their business losses following the closure
orders by Washington Governor Jay Inslee and civil authorities as
part of their measures to combat COVID-19. The Plaintiffs and all
others similarly situated entities suffered business interruption
losses that should be covered by the Defendant's insurance policy.
Sentinel's policy issued to the Plaintiffs includes Business Income
Coverage, Extra Expense Coverage, Extended Business Income
Coverage, and Civil Authority Coverage. The Plaintiffs seek a
declaratory judgment declaring that the Defendant is obliged to pay
them for such losses and expenses.
KCJ Studios, LLC, d/b/a Barre3 Ballard Exercise Studio, owns and
operates a barre exercise studio in Seattle's Ballard neighborhood
at 5711 24th Ave NW, Suite 150, Seattle, Washington.
Humble Warrior LLC, d/b/a Barre3 Roosevelt & Capitol Hill, owns and
operates two barre exercise studios located at 6408 Roosevelt Way
NE, Seattle, Washington and at 1404 12th Avenue, Seattle,
Washington.
Alelg, LLC, d/b/a Barre3 Felida, owns and operates a barre exercise
studio at 3604 NW 119th Street, Vancouver, Washington.
Sentinel Insurance Company, Limited is an insurance carrier, with
its principal place of business in Hartford Connecticut. [BN]
The Plaintiffs are represented by:
Amy Williams-Derry, Esq.
Lynn L. Sarko, Esq.
Ian S. Birk, Esq.
Gretchen Freeman Cappio, Esq.
Irene M. Hecht, Esq.
Karin B. Swope, Esq.
Maureen Falecki, Esq.
Nathan Nanfelt, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Telephone: (206) 623-1900
Facsimile: (206) 623-3384
E-mail: awilliams-derry@kellerrohrback.com
lsarko@kellerrohrback.com
ibirk@kellerrohrback.com
gcappio@kellerrohrback.com
ihecht@kellerrohrback.com
kswope@kellerrohrback.com
mfalecki@kellerrohrback.com
nnanfelt@kellerrohrback.com
- and –
Alison Chase, Esq.
KELLER ROHRBACK L.L.P.
801 Garden Street, Suite 301
Santa Barbara, CA 93101
Telephone: (805) 456-1496
Facsimile: (805) 456-1497
E-mail: achase@kellerrohrback.com
SILVER MOON DELI: Flores Sues in New York Alleging FLSA Violation
-----------------------------------------------------------------
A class action lawsuit has been filed against Silver Moon Deli
Inc., et al. The case is styled as Salomon Flores, on behalf of
others similarly situated v. Silver Moon Deli Inc., doing business
as: Silver Moon Deli/Grocery, Defendant-in-Rem; Fayez Alhadae,
Defendant, Case No. 1:20-cv-06759 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act for denial of overtime compensation.
Silver Moon Deli/Grocery is a deli restraint located in the City of
New York.
The Plaintiff appears pro se.[BN]
SONIC SANTA: Sener Sues Over Denial of Meal and Rest Periods
------------------------------------------------------------
Volkan Sener, on behalf of himself and all others similarly
situated, and on behalf of the general public v. SONIC SANTA MONICA
M, INC., a California Corporation and DOES 1 through 10, inclusive,
Case No. 20STCV31940 (Cal. Super., Los Angeles Cty., Aug. 21,
2020), alleges that the Defendants violated the California Labor
Code by denying their California employees meal and rest periods,
and by failing to timely provide such, or compensation in lieu
thereof, as required by the Labor Code.
The Defendants have had a consistent policy of failing to pay all
final wages due at termination or within 72 hours after separation
to all employees in California, and failing to provide employees
with accurately itemized wage statements, according to the
complaint. The Defendants further failed to provide the Plaintiff
with the wage statements in compliance with Labor Code. The
Defendants further failed to pay premium wages to the Plaintiff,
who was denied meal and rest breaks.
The Plaintiff was employed by Defendants as a non-exempt, hourly
employee in California. The Plaintiff contends that he and the
Defendant's California employees were routinely unable, and not
authorized to take their 10-minute rest periods and were also
unable to take an uninterrupted 30-minute meal break for every
shift they worked.
SONIC SANTA MONICA M, INC. is a California Corporation doing
business in Santa Monica, California.[BN]
The Plaintiff is represented by:
Roman Otkupman, Esq.
OTKUPMAN LAW FIRM, A LAW CORPORATION
28632 Roadside Dr., Suite 203
Agoura Hills, CA, 91301
Phone: (818) 293-5623
Facsimile: (888) 850-1310
Email: Roman@OLFLA.com
SPOKANE, WA: Appeals Court Allows Dismissal of Williams Suit
------------------------------------------------------------
The Court of Appeals of Washington, Division Three, issued an
Unpublished Opinion reversing the Superior Court's Order denying
the Defendants' Motion for Summary Judgment in the case captioned
CHRIS WILLIAMS, individually and on behalf of all similarly
situated, Respondent v. CITY OF SPOKANE; and AMERICAN TRAFFIC
SOLUTIONS, INC., a foreign corporation, Petitioners, Case No.
36508-5-III (Wash. App.).
The case presents the principal question of whether a citizen may
later challenge, in a superior court action, a ticket for allegedly
speeding within a school zone when the citizen paid the traffic
fine but later contends that he had not yet entered a lawful school
zone.
Appellant Chris Williams sues for money damages for the amount of
the ticket and for declaratory and injunctive relief to preclude
the City of Spokane from issuing speeding tickets outside the
school zone.
The Appellate Court reverses the superior court's denial of ATS and
the City of Spokane's summary judgment motion to dismiss the
lawsuit. The Appellate Court grants dismissal of all claims
asserted against both Defendants. The Appellate Court holds that,
to obtain any monetary relief, Mr. Williams must seek to vacate the
judgment for the ticketed amount in the municipal court. The
Appellate Court further holds that, since Mr. Williams does not
allege that he might drive near the school speed zone in the
future, he lacks standing for declaratory and injunctive relief.
A majority of the Appellate Panel has determined this opinion will
not be printed in the Washington Appellate Reports, but it will be
filed for public record pursuant to RCW 2.06.040.
A full-text copy of the Court of Appeals' June 18, 2020 Opinion is
available at https://tinyurl.com/ychgkbpr from Leagle.com.
Salvatore J. Faggiano, of the Office of City Attorney, at 808 W
Spokane Falls Blvd., in Spokane, Washington.
Vanessa Soriano Power, of Stoel Rives LLP, at 600 University St.
Ste. 3600, in Seattle, Washington.
Rachel Hoffman Cox, Attorney at Law, at 600 University St., Ste.
3600, in Seattle, Washington, Counsel for Petitioner(s).
Lawrence Jay Kuznetz and Sarah Nicole Harmon, of Powell Kuznetz &
Parker PS, at 316 W Boone Ave., Ste. 380, in Spokane, Washington,
Counsel for Respondent(s).
SPRING HOMECARE: Fails to Pay OT Wages Under FLSA, Karimova Says
----------------------------------------------------------------
FATMA KARIMOVA, individually and on behalf of all others similarly
situated v. SPRING HOMECARE CORPORATION, dba SPRING HOME CARE
CORPORATION, and SHAKIBA HAKAMI, Case No. 1:20-cv-00966 (E.D. Va.,
Aug. 20, 2020), alleges that the Defendants violated the Fair Labor
Standards Act by failing to compensate the Plaintiff and other
similarly situated employees overtime pay for all hours worked in
excess of 40 hours in a workweek.
The Plaintiff was employed by the Defendants as a Home Health Aide
(HHA) and/or Personal Care Assistant (PCA) in Virginia from August
2019 to July 2020.
Spring Homecare Corporation, d/b/a Spring Home Care Corporation, is
a home health care agency that provides in-home health care
services and related personal care assistant services for children
and adults primarily in the Commonwealth of Virginia, with its
principal place of business located in Annandale, Virginia.[BN]
The Plaintiff is represented by:
Robert Powers, Esq.
Andrea Harris, Esq.
MCCLANAHAN POWERS, PLLC
8133 Leesburg Pike, Suite 130
Vienna, VA 22182
Telephone: (703) 520-1326
Facsimile: (703) 828-0205
E-mail: rpowers@mcplegal.com
aharris@mcplegal.com
pghale@mcplegal.com
STOKEHOUSE UNLIMITED: Hecht Files ADA Class Suit in S.D. New York
-----------------------------------------------------------------
A class action lawsuit has been filed against Stokehouse Unlimited,
LLC. The case is styled as Irene Hecht, on behalf of herself and
all others similarly situated v. Stokehouse Unlimited, LLC, Case
No. 1:20-cv-06747 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Stokehouse Unlimited, LLC, is an apparel & fashion company based
out of Aliso Viejo, California, United States.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (845) 367-7146
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
SUPERCELL OY: Peter Mai Sues Over Illegal, Addictive Video Games
----------------------------------------------------------------
The case, PETER MAI, individually and on behalf of all others
similarly situated v. SUPERCELL OY, Defendant, Case No.
5:20-cv-05573-SVK (N.D. Cal., August 11, 2020), arises from the
Defendant's unjust enrichment and violations of California's Unfair
Competition Law and Consumers Legal Remedies Act.
The Plaintiff, on behalf of himself and all others similarly
situated consumers, alleges that the Defendant is engaged in
unlawful business practices by, among other things: (1) marketing,
selling and distributing of video games with gambling features; (2)
conducting illegal and unlicensed Internet gambling; (3)
intentionally profiting from conduct designed to create and/or
exploit addictive tendencies in vulnerable minors and adults alike;
and (4) omitting important information and misleading minors, their
parents, and adult gamers concerning the addictive, costly and
random chance nature of the Loot Boxes, in-App mechanisms that
provide players with randomized virtual items from a purchase, and
its use in the Defendant's video games.
As a result of the Defendant's misconduct, the Plaintiff and Class
members have suffered actual damage by spending money on illegal
Loot Boxes and other gambling mechanisms, and subjecting themselves
to the unlawful, exploitative games as alleged herein.
Supercell Oy is a mobile game development company, with a principal
place of business at Itamerenkatu 11-13, Helsinki, Uusimaa, 00180,
Finland and maintains its principal U.S. office at 555 California
St., San Francisco, California. [BN]
The Plaintiff is represented by:
Timothy G. Blood, Esq.
Thomas J. O'Reardon II, Esq.
Craig W. Straub, Esq.
BLOOD HURST & O'REARDON, LLP
501 West Broadway, Suite 1490
San Diego, CA 92101
Telephone: (619) 338-1100
Facsimile: (619) 338-1101
E-mail: tblood@bholaw.com
toreardon@bholaw.com
cstraub@bholaw.com
- and –
Andrew J. Brown, Esq.
THE LAW OFFICES OF ANDREW J. BROWN
501 West Broadway, Suite 1490
San Diego, CA 92101
Telephone: (619) 501-6550
E-mail: andrew@thebrownlawfirm.com
TACO CHULO: Fails to Pay Minimum Wage, Arreola et al. Claim
-----------------------------------------------------------
ADOLFO ARREOLA; and BERSABE AGUILAR BARRIOS, individually and on
behalf of others similarly situated, Plaintiffs v. TACO CHULO LLC
(D/B/A TACO CHULO); DIJA AMER; and GRETA DANA; Defendants, Case No.
1:20-cv-03297 (E.D.N.Y., July 22, 2020) is an action against the
Defendants for failure to pay minimum wages, overtime compensation,
authorize and permit meal and rest periods, provide accurate wage
statements, and reimburse necessary business expenses.
The Plaintiffs were employed by the Defendant as cooks.
Taco Chulo LLC owns, operates, or controls a pizzeria, at New York,
New York under the name Taco Chulo. [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
TAKEDA PHARMACEUTICAL: 2nd Cir Appeal from Actos Decision Underway
------------------------------------------------------------------
Takeda America Holdings, Inc., Takeda Development Center Americas,
Inc., Takeda Pharmaceutical Company Limited and Teva
Pharmaceuticals USA, Inc., have taken an appeal from the District
Court's Order dated Jan. 28, 2020, entered in the lawsuit RE: ACTOS
END-PAYOR ANTITRUST LITIGATION, Case No. 13-cv-9244, in the U.S.
District Court for the Southern District of New York (New York
City).
The appellate case is captioned as Takeda Pharmaceutical Company v.
United Food And Commercial Workers Local 1776 & Participating
Employers Health And Welfare Fund, et al., individually and on
behalf of all others similarly situated, Case No. 20-481 (Filed
Feb. 7, 2020), in the United States Court of Appeals for the Second
Circuit
Takeda is a Japanese multinational pharmaceutical and
biopharmaceutical company. It is the largest pharmaceutical company
in Asia and one of the top 20 largest pharmaceutical companies in
the world by revenue.[BN]
The Petitioners Takeda Pharmaceutical Company Limited; Takeda
America Holdings, Inc.; Teva Pharmaceuticals USA, Inc.; and Takeda
Development Center Americas, Inc., are represented by:
Steven A. Reed, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
The Respondents United Food And Commercial Workers Local 1776 &
Participating Employers Health And Welfare Fund; Plumbers &
Pipefitters Local 178 Health & Welfare Trust Fund; 199
SEIU-National Benefit Fund; Fraternal Order of Police, Fort
Lauderdale Lodge 31, Insurance Trust Fund; International Union of
Operating Engineers Local 132 Health and Welfare Fund; A.F. of L. -
A.G.C. Buildings Trade Welfare Plan; Painters District Council No.
30 Health and Welfare Fund; NECA-IBEW Welfare Trust Fund; City of
Providence, Rhode Island; Minnesota and North Dakota Bricklayers
and Allied Craftworkers Health Fund; Greater Metropolitan Hotel
Employers-Employees Health and Welfare Fund; New England Electrical
Workers Benefit Fund; Dennis Kreish; Man-U Service Contract Trust
Fund; and Teamsters Union Local 115 Health & Welfare Fund, on
behalf of themselves and all others similarly situated, are
represented by:
Steve D. Shadowen, Esq.
HILLIARD SHADOWEN, LLP
1135 West 6th Street
Austin, TX 78703
Personal: 717-903-1177
The Respondent Meijer, Inc. and Meijer Distribution, Inc., are
represented by:
David P. Germaine, Esq.
SPERLING & SLATER, P.C.
55 West Monroe Street
Chicago, IL 60603
Telephone: 312-224-1505
TEXAS: Hotze Suit Challenges Unlawful Adoption of Contact Tracing
-----------------------------------------------------------------
STEVEN F. HOTZE, M.D., Delegate to Republican Party of Texas State
Convention, et al. v. GOVERNOR GREG ABBOTT, in his official
capacity, THE STATE OF TEXAS, TEXAS HEALTH AND HUMAN SERVICES
COMMISSION (Texas HHSC), TEXAS DEPARTMENT OF STATE HEALTH SERVICES
(Texas DSHS), PHIL WILSON, in his official capacity as Executive
Director of Texas DSHS, JOHN WILLIAM HELLERSTEDT, MD, in his
official capacity as Commissioner of the Texas DSHS, and BENTLEY
NETTLES, in his official Capacity as Executive Director of the
Texas Alcohol and Beverage Commission, Case No. 4:20-cv-02918 (E.D.
Tex., Aug. 19, 2020), arises from the Defendants' unjustified
interference with the Plaintiffs' lawful activities and the
Defendants' unlawful adoption of "contact tracing" to track and
monitor daily movements of Texans, including the Plaintiffs.
The lawsuit is brought against the Defendants for declaratory
judgment and injunctive relief pursuant to 42 U.S.C. Section 1983
for violations of the Plaintiffs' First, Fourth, and Fourteenth
Amendment rights.
The Plaintiffs seek the following relief:
(a) An injunction prohibiting the Defendants from implementing
"contract tracing" of law-abiding Texans, including the
Plaintiffs;
(b) Declaratory relief that the Defendants have violated the
Plaintiffs' constitutional rights;
(c) Monetary damages in the amounts suffered by the Plaintiffs
by virtue of rights; and
(d) relief from the Defendants' infringements on the
Plaintiffs' constitutional rights.
The Defendants lock down most business activities in Texas with a
series of orders ("Lock Down Orders"), under the guise of combating
COVID-19. On March 13, 2020, Governor Greg Abbott issued a disaster
proclamation, certifying under Section 418.014 of the Texas
Government Code that the novel coronavirus (COVID-19) poses an
imminent threat of disaster for all counties in the State of
Texas.
The Plaintiffs include HOTZE HEALTH &WELLNESS CENTER, EDD HENDEE,
AND TASTE OF TEXAS RESTAURANT, PHYSICIANS PREFERENCE PHARMACY
INTERNATIONAL, LLC, CURAM HEALTH, LLC, HON. WILLIAM W. ZEDLER, HON.
MOLLY WHITE, HON. GARY W. ELKINS, HON. RICK GREEN, HON. JOSH FLYNN,
Delegate to the Republican Party of Texas State Convention and
Secretary of the Republican Party of Texas, CATHIE ADAMS, Delegate
to the Republican Party of Texas State Convention, NORMAN ADAMS,
Delegate to the Republican Party of Texas State Convention, AL
HARTMAN, Delegate to the Republican Party of Texas State
Convention, GREG BLUME, Delegate to the Republican Party of Texas
State Convention, WALKER WEST, State Republican Executive Committee
Member Senate District 4, TONIA ALLEN PAKER, Owner of MACHINE SHED
BAR AND GRILL, JASON PARKER, Owner of MACHINE SHED BAR AND GRILL,
MELISSA LYNN KELLY, Owner of OUTLAWS LONGVIEW BAR, GABRIELLE
ELLISON, Owner of BIG DADDY ZANES BAR, ADAM DURAN, Owner of FRY
STREET TAVERN, SHOTS & CRAFTS, and NORTHSIDE DRAFTHOUSE EATERY,
JENNFIER GIBBS, Owner of DUSTY'S BAR & GRILL, GAME CHANGERS, and
CLETUS'S, ELVIN COY CHEW, Owner of WHISKEY GIRL BAR, KEVIN WANN,
Owner of TEXAS BORDERS BAR & GRILL, CHRIS BERGERON, Owner of
CHUTERS DANCEHALL & SALOON, SANDRA YOUNG, Owner of BOKEETERS
COCKTAIL BAR, HOLLY LANDRY, Owner of SHARKY'S TAVERN, HEATHER
VAUGHAN, Owner of CROSSROAD SALOON, ERICA MANN, Owner of THE BLUE
DOOR RODNEY HOLDER, Owner of SPRING TAVERN, SHAWN REISING, Owner of
PUTTERS and TROJANS, TEE ALLEN, Owner of HUNTER'S PUB, CLARENCE
THOMAS, Owner of CLUB ODYSSEY, ERIC STEVENS, Owner of STICKS, SAUL
SULTAN, LANDMARK, TEXAS REPUBLIC, THE YARD, THEORY UPTOWN, and
PLAYGROUND DALLAS, CHRIS BEARDON, Owner of TRUTH & ALIBI, PUNK
SOCIETY, THE TIPSY ALCHEMIST, THE TIPSY ALCHEMIST (AUSTIN), THE ILL
MINSTER PUB, BARCADIA, AKAI, SIDEBAR DALLAS GROUP, LLC, and
GASLIGHT DALLAS, LLC, BEVERLY STRAIN, Owner of HUNTERS PUB and COZY
CORNER BAR, RYAN McNEIL, Owner of IRONWOOD SALOON, ANDRE KODA,
Owner of THE GALLERY, JOHN YOUNG, Owner of THE CONCHO PEARL
ICEHOUSE, ROBERT L. LOAGE, Owner of THE LOST COYOTE SALOON, RANDY
CROOK, Owner of SALTY DOG SPORTS BAR, BLUE DOG WINE & MARTINI BAR,
DOGHOUSE, and CRYING SHAME, DYLANS BAR & GRILL, NECHES BREWING
COMPANY, LLC, PUTTERS, LLC, THE TROJAN CORK & KEG, INC. RACHEL
BRADLEY, Chief Operating Officer of DBRB HOLDINGS, MORRIS LANDRU,
WENDY LANDRUM, DAVID PHILLIPS, RENEE PHILLIPS, DELIA MacKENZIE,
KENNY KITTRELL, JAMES W. BLAIR, III, TAMMY J. BLAIR, MIKE BRASWELL,
SHENITA CLEVELAND, THOMAS TYRRELL, CLAYTON DAVENPORT, JIM MONROE,
JARED GREIN, STEVE KERNS, ROBERT MORGAN, MSN, PASTOR JUAN
BUSTAMANTE, PASTOR DAVID VALDEZ, PASTOR JOHN GREINER, PASTOR MATT
WOODFILL, GARY GIUFFRE, PASTOR BRIDGETTE LOZANO, PASTOR CODY
WEIGHTMAN, PASTOR AARON COLLIER, PASTOR PATRICK STEWART, PASTOR
RICK SCARBOROUGH, HANNAH YOUNG, KEN PREJAN, MATT BRICE, owner of
American Federal Grill, MIKE MORTON, MIKE ZULLO, ALICIA ZULLO,
ASHLEY ZULLO, ROB ZULLO, TRISHA LABLANC, JUDSON AJA, JANE FRAZIER,
MARIO HERNANDEZ, MARK SHANNON, TAMMY WARREN, ANNMARIE CANTWELL,
BRIAN SPEER, MELISSA CARLISLE, PAUL GARLAND, DARRELL W. SELF, LEE
JENKINS, ROBERT WHEELER, JR., DONALD E. PAGE, PEGGY DENSON, JAMES
RAY WHITE, SHARON SYKES, DAL L. SHARP, BRENT EDMINSTER, SAM ROGERS,
MICHELLE PUSTEJOVSKY, DANA BROCK MIKE WALLACE, BENJAMIN LAMOURE,
KELLYE MESHBERG, GABRIEL TUFT, CAROL MARKEK, TERI A. WALTER, AMY
SMITH, MICHAEL VAUGHN, MINT POKER CLUBS, TRAVIS NORMAN, THOMAS D.
TYRRELL, BONNIE ANDERSON, ROBERT HUNGATE, GENE STEVENS, DAVID
SMITH, KEVIN MOORE, JOANIE MARKHAM, DAVID KEMP, BARRY D. ADKINS,
CHRISTINE BRADLEY, CHRIS PERSAUD, WILLIAM J. BOSWELL, JR., VICKIE
MICHELLE KOTTWITS, R.J. SMITH, JULIA VON EHRENFRIED, DAVID R.
TRAYNOR, JANET JACSKON, ASHLEY BRYAN, ANTHONY POWELL, JASON
ANDERSON, CYNTHIA D. CRUZ, DAVE ANDERSON, MICHELLE ANDERSON, IAN
KATZ, GARY PURVIS, BRENDA CHENEY, GRANT BYNUM, BENJEMEN HITSON,
LESLIE HUNT, GBENGA ASEDEKO, MIKE TRACY, THOMAS BLACKMER, CHACE
LYN, ASHLEY HARVEY, WILLIAM M. STEVENS, CHRISTINA BROWER, EUGENE J.
ROBINSON, EMANUEL LEWIS, REBECCA STEINMETZ, ANDY PRESTRIDGE, ALAYNA
WHITE, STEVEN BAYSINGER, PAULA MOORE, WILLIAM HAMMETT, KEELY
THOMAS, SCOTT CHAMBERLIN, LYNDSEY LUSK, KRYSTAL KINCAID, SEAN
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PERRY, TERESA DEAR, REBECCA GOSART, SUZEN WEST, JULIE JUMES,
ELIZABETH PAMPLIN, LINDA MUNROE, CAROLINE KYHL, MELBA PARKER, JERRY
METKER, DEBRA SCAGGS, AUDREY AMIRIAN, REBECCA STAGGS, CHRYS LEAL,
LANNY CARNLEY, MEG LONGHENRY, CALEB SWACKHAMER, MATTHEW BUCKLEY,
CHRISTOPHER SWACKHAMER, NICOLE SWACKHAMER, CASSIE ALLEN, JOE
WILSON, ALIYA MATHIESEN, STEVE GROEBE, KIMBERLY THOMAS, JACKLYN
KING, SUSAN STOGNER, RANDA ANDERSON, THEO WOOD, STEVE SPENCE,
SANDRA TOTH, JENNIE KLAAS, GREGORY KNAPP, NATHAN HOLLOWAY, ASHLEY
HOLLOWAY, BILLY OWENS, KRISTI YOUNG, MONTY SUTHER, MICHELLE
SCHRADER, SHARON JONES, JOEY LOWERY, KATHLEEN BOSGRAAF, CORI
HYLAND, CAMI DEAN, FRANCINE DANIELS, CAREY BOYNTON, DEBORAH
SMITHSON, JENNIFER LOPEZ, TRACI GERVASE, DEANNA NEWMAN, BRIAN
HOWELL, JULIA APPLETON, GARY CAIN, KANDY DAVIS, HEIDI KELLER,
AMBERLYN BELDEN, LORI JENKINS, LISA SNEED, MELANIE STEIN, JEANNE
JACOBS, MANDIE PRICE, KENNETH MOSLEY, LISA MCCONVILLE, TODD
DAUGHTRY, KELLY CHAU, CARLA GRAVENKEMPER, BRAN CASALEGNO, MICHELLE
KNIGHT, MONTI POGUE, CINDY DAVID, SUZANNE BLACKSTONE, JEREMY
MORVANT, EUGENE RALPH, TAMMY SMITH- MAXWELL, VANYA WOLF, ETTA
DOYLE, MONICA STINNETT, GINA OLSEN, MARY TOLAND, MICHAEL LEROY,
HEATHER MCADOW, TONYA ALEXANDER, LARA FEAGINS, SUZANNE VEAL, CAROL
DALEY, LESLIE STRICKLAND, TIFFANY DURAN, HEATHER HULTGREN, LANA
WARREN, ERIN NARANJO, JULIE JONES, KIMBERLY VASQUEZ, PATRICIA
WHITE, JOHNN AMANN, MARYLIN REYNOLDS, JEFFREY CLARK, LINDA HOWELL,
ANDREW FARRELL, JENNY CUDD, RONALD GUIDRY, DAN SCOTT, DEBORAH SAPP,
CHARLES SMITH, FELISA WILLIAMS, MICHAEL VOETEE, DONNA VOETEE,
COLLETTEE ROGERS, ANGELA HAMPTON, SCOTT CONDIT, LYN TREVINO, DONALD
JONES, ELIZABETH PRITCHARD, LYN TREVINO, TIFFANY KAMPMANN, ALICIA
CORNELL, CATHY EDMINSTER, RON SPEAKS, WILLARD KERR, KRISTAL
QUINTANILLA, PEGGY PLOSS, ELAINA MANGO, CHARLIE MARTIN, MELINDA
PRESTON, LORI MARTIN, JANIE BRITTAIN, KATY HARDIN, PATRICIA
NICHOLAS, SHANNON TA, JENNIFER MAXWELL, MICHELLE OBERLECHNER, AUDRA
STINSON, ROWENA HARMON, JEREMIAH HUNTER, JEFFERY REED, SCOTT BELL,
ALLISON REED, LUIS DUQUE, JR., PATRICIA KENNEDY, ALLEN K.
NEIGHBORS, WANDA W. GRIFFIN, JUDI J. BENESTANTE, PH.D, JOHN E.
BENESTANTE, RACHAEL FREEMAN, REBECCA ROGERS, TERRY WAREHAM, ROSA
FLORES, CYNDI VARA, JAMES DAGGETT, STEPHEN MCKINLEY, JONNY JAHANI,
PATRICK GALLAGHER, RACHEL GALLAGHER, HANNAH JAHANI, TOM WILLIAMSON,
VICKI WILLIAMSON, EMILY JACKSON, GREGORY T. HARROP, LYNDA HARROP,
BETTY J. WINTERS, CHARLES A. MULVENA, JOSEFINA MULVENA, and
KATHERINE PRATT.[BN]
The Plaintiffs are represented by:
Jared Woodfill, Esq.
WOODFILL LAW FIRM, PC
3 Riverway, Ste. 750
Houston, TX 77056
Telephone: (713) 751-3080
Facsimile: (713) 751-3058
E-mail: jwoodfill@woodfilllaw.com
woodfillservice@gmail.com
TOMY INTERNATIONAL: Faces Hecht ADA Class Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Tomy International,
Inc. The case is styled as Irene Hecht, on behalf of herself and
all others similarly situated v. Tomy International, Inc., Case No.
1:20-cv-06751 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
TOMY International, Inc., designs, manufactures, and markets toys
and nursery products. The Company offers games and game sets for
children and adults.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (845) 367-7146
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
TRISTAR PRODUCTS: Dawson Sues in S.D. New York Over ADA Violation
-----------------------------------------------------------------
A class action lawsuit has been filed against Tristar Products,
Inc. The case is styled as Leshawn Dawson, on behalf of himself and
all others similarly situated v. Tristar Products, Inc., Case No.
1:20-cv-06740 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Tristar Products, Inc.'s primary business is taking provided ideas
and turning them into branded and global distributed products.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
TROY CONSTRUCTION: Sanchez Seeks Overtime Pay for Laborers
----------------------------------------------------------
MILTON SANCHEZ, individually and on behalf of others similarly
situated, Plaintiffs, - against - TROY CONSTRUCTION & DESIGN, INC.,
RUHI SOYTURK; and/or any related entities, Defendants, Case No.
608082/2020 (N.Y. Sup. Ct., Nassau Cty., August 7, 2020) is an
action brought pursuant to New York Labor Law Article 6 Sections
190 et seq., Labor Law Article 19 Sections 650 et seq., 12 New York
Codes, Rules and Regulations ("NYCRR") Part 142, to recover, inter
alia, unpaid overtime compensation owed to the Named Plaintiff and
all similarly situated persons who are presently or were formerly
employed by Defendants.
According to the complaint, beginning in March 2014 and continuing
through the present, Defendants have engaged in a policy and
practice of requiring their employees to regularly work in excess
of 40 hours per week, without providing proper overtime
compensation as required by applicable state law.
Defendants instituted this practice of depriving their employees of
overtime compensation at one and one-half times the regular hourly
rate for work performed in excess of 40 hours per week, as required
by applicable state law.
Plaintiff is an individual who currently resides in the State of
New York, and who was employed by Defendants as a general laborer
from March 2018 through December 2019.
Troy Construction & Design, Inc. is a New York-based construction
company.[BN]
The Plaintiff is represented by:
Michael A. Tompkins, Esq.
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
TTI FLOOR: Dawson Sues in S.D. New York Alleging Violation of ADA
-----------------------------------------------------------------
A class action lawsuit has been filed against TTI Floor Care North
America, Inc. The case is styled as Leshawn Dawson, on behalf of
himself and all others similarly situated v. TTI Floor Care North
America, Inc., Case No. 1:20-cv-06742 (S.D.N.Y., Aug. 21, 2020).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
TTI Floor Care North America, Inc., supplies home improvement and
construction tools. The Company offers power equipment, floor care
appliances, laser, solar powered lighting, and electronic
products.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
TUFIN SOFTWARE: Michaelson Sues Over Misleading IPO & SPO Docs
--------------------------------------------------------------
DAVID MICHAELSON, individually and on behalf of all others
similarly situated, Plaintiff v. TUFIN SOFTWARE TECHNOLOGIES LTD.,
REUVEN KITOV, JACK WAKILEH, REUVEN HARRISON, OHAD FINKELSTEIN,
EDOUARD CUKIERMAN, YAIR SHAMIR, RONNI ZEHAVI, and YUVAL SHACHAR,
Defendants, Case No. 1:20-cv-06290 (S.D.N.Y., August 10, 2020) is a
class action against the Defendants for violations of the Sections
11 and 15 of the Securities Act of 1933.
The Plaintiff, on behalf of himself and all others similarly
situated individuals who purchased Tufin's ordinary shares, alleges
that the Defendants made initial public offering (IPO) and
secondary public offering (SPO) documents that contained materially
incorrect or misleading statements and/or omitted material
information in order to attract more investors. The Defendants
failed to disclose that the company's North American business was
suffering at the time of Tufin's IPO. More specifically: (i)
Tufin's customer relationships and growth metrics were overstated,
primarily because of its North American business; (ii) Tufin's
business was deteriorating, especially in North America; and (iii)
Tufin's representations regarding its sustainable financial
prospects were, as a result, overly optimistic.
Tufin's share price declined following the emergence of the true
facts regarding the offering documents. As of August 10, 2020, the
company's shares continued to trade significantly below both the
IPO price of $14.00 per share and the SPO price of $17.00 per
share.
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of Tufin's securities, the
Plaintiff and other Class members have suffered significant losses
and damages.
Tufin Software Technologies Ltd. is an Israeli company that
develops, markets, and sells software and cloud-based security
solutions primarily in the U.S., Europe, and Asia. [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
Facsimile: (212) 697-7296
E-mail: peretz@bgandg.com
U-HAUL BUSINESS: Hearne et al. Sue Over Unpaid Off-the-Clock Work
-----------------------------------------------------------------
The case, CORA HEARNE and HERBERT BELL, individually and on behalf
of all others similarly situated v. U-HAUL BUSINESS CONSULTANTS,
INC., Defendant, Case No. 3:20-cv-00433 (W.D.N.C., August 6, 2020),
arises from the Defendant's alleged violations of the Fair Labor
Standards Act and the North Carolina Wage and Hour Act by failing
to compensate the Plaintiffs and all others similarly situated
remote associates for off-the-clock work that they performed during
pre-shift, mid-shift and post-shift and failing to properly
calculate their regular rate for overtime pay due to the exclusion
of bonuses, commissions, and other incentive pay in the
calculation.
Plaintiff Hearne and Plaintiff Bell were employed by the Defendant
as hourly at-home call center employees called Remote Associates
from February 2019 to the present and from March 2019 to April
2020, respectively.
U-Haul Business Consultants, Inc. is a rental fleet business that
provides moving and storage boxes and an extended line of packing
supplies to protect customer possessions, with its headquarters and
principal offices located at 2721 North Central Avenue, Phoenix,
Arizona. [BN]
The Plaintiffs are represented by:
James J. Mills, Esq.
BURNS, DAY & PRESNELL, P.A.
2626 Glenwood Avenue, Suite 560
Raleigh, NC 27608
Telephone: (919) 782-1441
E-mail: jmills@bdppa.com
- and –
Jason J. Thompson, Esq.
Charles R. Ash, IV, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
crash@sommerspc.com
UNITED NATURAL: North Country Seeks to Certify Settlement Class
---------------------------------------------------------------
In class action lawsuit captioned as NORTH COUNTRY STORE,
individually and on behalf of a class of all persons or entities
who are similarly situated, v. UNITED NATURAL FOODS, INC., Case No.
1:19-cv-00052-WES-LDA (D.R.I.), the Plaintiff asks the Court for an
order:
1. certifying a class, for settlement purposes only,
consisting of:
"all customers in the United States that paid Defendant
one or more of the Fees at any time within the Class
Period"; and
2. granting final approval to the Settlement Agreement
between the Parties and the award of attorneys' fees,
reimbursed expenses, and class representative incentive
award.
The Proposed Award Of Fees, Expenses, And Class Representative
Incentive Award:
In light of the relief obtained for the class, Class Counsel
seeks -- and UNFI does not oppose -- (in keeping with prevailing
fee awards for class settlement), an award of up to 33-1/3%
of the Settlement Fund (i.e. $616,666.66). Additionally,
Class Counsel requests, and the Defendants do not oppose,
reimbursement of $30,000 in litigation expenses to be paid
out of the Settlement Fund. Importantly, the requested
attorneys' fees and expenses were posted on the settlement
website of which all class members were notified and were
available for class member review. No class member has
objected to these awards or otherwise raised any concerns
about these amounts.
Reimbursement Of Necessary Expenses Incurred:
The Plaintiff asks (and the Defendants do not oppose)
reimbursement of litigation expenses of $30,000, to be paid
out of the Settlement Fund. The reimbursement of expenses
advanced by plaintiffs is customary and appropriate.
The Class Representative Should Receive An Incentive Award:
The Plaintiff seeks an award of a class representative
incentive award of $15,000 for the named Plaintiff.
"Incentive awards serve an important function in promoting
class action settlements, particularly where, as here, the
named plaintiffs participated actively in the litigation."
The Plaintiff is a small business in New York that pursued a
putative class action based upon Fuel Surcharges that UNFI charged
the Plaintiff and other customers in connection with the delivery
of food products. The Plaintiff alleges UNFI violated the
Connecticut Unfair Trade Practices Act because the Fuel Surcharges
were purportedly unrelated to UNFI's actual or increased fuel costs
and UNFI made misrepresentations about -- and did not disclose --
the true nature and purpose of the Fuel Surcharges. The Plaintiff
also alleges the Fuel Surcharges breached the form contracts at
issue and that UNFI was unjustly enriched.
UNFI vigorously contests and denies that it did anything wrong, and
contends that its charging and collection of Fees pursuant to its
fully disclosed Fuel Surcharge Policy -- the contractual terms and
conditions of which were agreed to by the Plaintiff and the
putative class -- has always been lawful, proper, customary, and
enforceable.[CC]
The Plaintiff is represented by:
Thomas J. Enright, Esq.
ENRIGHT LAW LLC
696 Reservoir Avenue
Cranston, RI 02910
Telephone: (401) 526-2620
E-mail: tom@enrightlawoffice.com
- and -
Oscar M. Price, IV, Esq.
PRICE ARMSTRONG, LLC
2226 1st Avenue South, Suite 105
Birmingham, AL 35233
Telephone: (205) 208-9504
E-mail: oscar@pricearmstrong.com
USA WATER: Carlson Seeks to Certify Class & Subclasses
------------------------------------------------------
In class action lawsuit captioned as HANNAH CARLSON, individually
and on behalf of all others similarly situated, v. USA WATER POLO,
INC., Case No. 8:15-cv-00171-JFW-KES (C.D. Cal.), the Plaintiff
will move the Court for an order:
1. certifying a Negligence/Medical-Monitoring Class under Fed.
R. Civ. P. 23(b)(2), consisting of individuals who meet
the following definition:
"all current or former members of USA Water Polo residing
in any of jurisdictions (Arizona, Arkansas, California,
Colorado, District of Columbia, Florida, Illinois,
Indiana, Maryland, Massachusetts, Missouri, Montana, New
Jersey, Ohio, Pennsylvania, Utah, and West Virginia)
between January 1, 2013 and the present";
This Rule 23(b)(2) Class should be certified to assert a
negligence claim for medical-monitoring relief. This
Class also has the following proposed Negligence/Medical-
Monitoring Special Relationship Subclass:
Those members of the Negligence/Medical-Monitoring
Class who do not reside in Illinois.;
2. certifying under Rule 23(c)(4) the following Core-Issues
Class of individuals in any of the 50 states or the
District of Columbia who meet the following definition:
"all current or former members of USA Water Polo between
January 1, 2013 and the present."
This Class also has the following proposed Core-Issues
Special-Relationship Subclass:
Those members of the Core-Issues Class who do not
reside in Delaware, 5 Illinois, Kansas, Louisiana,
Maine, South Carolina, South Dakota, or Wisconsin.; and
3. designating Plaintiff as representative of the Classes and
Subclasses, and appointing her attorneys as class counsel.
According to the complaint, USA Water Polo failed in its obligation
by failing to follow the consensus of medical and scientific
authorities on proper concussion management. According to a study
of USA Water Polo members, approximately 37% of the respondents
reported receiving a concussion while playing. USA Water Polo's
failure to ensure that those concussions were properly managed
after they occurred has put the Plaintiff and the Class at risk for
cognitive deficits, seizures, pain, memory loss, and other
long-term neurological injuries.
USA Water Polo is the governing body of the sport of water polo in
the United States.[CC]
The Plaintiff is represented by:
Steve W. Berman, Esq.
Elaine T. Byszewski, Esq.
Christopher R. Pitoun, Esq.
Daniel J. Kurowski, Esq.
Whitney Siehl, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
elaine@hbsslaw.com
christopherp@hbsslaw.com
dank@hbsslaw.com
whitneys@hbsslaw.com
Attorneys for the Defendant USA Water Polo, Inc. are:
Jeffrey M. Lenkov, Esq.
Steven J. Renick, Esq.
Steven C. Amundson, Esq.
MANNING & KASS, ELLROD, RAMIREZ, TRESTER LLP
801 S. Figueroa St., 15th Floor
Los Angeles, CA 90017-3012
E-mail: JML@manningllp.com
SJR@manningllp.com
SCA@manningllp.com
VIVINT SOLAR: Being Sold to Sunrun for Too Little, Toledo Says
--------------------------------------------------------------
Roberto Toledo, on behalf of himself and those similarly situated
v. VIVINT SOLAR, INC., DAVID BYWATER, DAVID F. D'ALES SANDRO, BRUCE
MCEVOY, JAY D. PAULEY, TODD R. PEDERSEN, ELLEN S. SMITH, JOSEPH S.
TIBBETTS, JR., PETER F. WALLACE, SUNRUN INC., and VIKING MERGER
SUB, INC., Case No. 653982/2020 (N.Y. Sup., New York Cty., Aug. 21,
2020), is brought against Vivint and the Company's Board of
Directors, for breaches of fiduciary duty as a result of
Defendants' efforts to sell the Company to Sunrun Inc. and Viking
Merger Sub, Inc., as a result of an unfair process for an unfair
price, and to enjoin an upcoming proposed transaction valued at
approximately $9.2 billion.
The terms of the Proposed Transaction were memorialized in a July
6, 2020, filing with the Securities and Exchange Commission on Form
8-K attaching the definitive Agreement and Plan of Merger (the
"Merger Agreement"). Under the terms of the Merger Agreement,
Vivint will be the surviving corporation in the Merger and a
wholly-owned subsidiary of Sunrun. In the all-stock transaction,
Vivint public stockholders will receive only 0.55 shares of Sunrun
common stock for each share of Vivint stock they own. Thereafter,
on August 14, 2020, Sunrun filed a Registration Statement on Form
S-4 with the SEC in support of the Proposed Transaction.
According to the complaint, the Proposed Transaction is unfair and
undervalued for a number of reasons. Significantly, the
Registration Statement describes an insufficient sales process in
which the Board rushed through an inadequate "sales process" in
which the only end goal was a sale to Sunrun. Further, due to the
fact that the majority stockholder of Vivint, 313 Acquisition, LLC
holds 56% of Vivint stock, has total voting control over the
Company, and has entered into a voting and support agreement
supporting the Proposed Transaction, no vote of Vivint public
stockholders is required to take place in order to effectuate the
Proposed Transaction. Such a sales process, or lack thereof,
clearly indicates that the only end-goal acceptable to the
Defendants was an acquisition of Vivint by Sunrun.
In further violation of their fiduciary duties, the Defendants
caused to be filed the materially deficient Registration Statement
on August 14, 2020, with SEC in an effort to solicit stockholders
to vote their Vivint shares in favor of the Proposed Transaction,
the Plaintiff alleges. The Plaintiff insists that the Registration
Statement is materially deficient, deprives Vivint stockholders of
the information they need to make an intelligent, informed and
rational decision of whether to vote their shares in favor of the
Proposed Transaction, and is thus in breach of the Defendants
fiduciary duties.
The Registration Statement allegedly omits and/or misrepresents
material information concerning, among other things: (a) the sales
process and in particular certain conflicts of interest for
management; (b) the financial projections for Vivint and Sunrun,
provided by Vivint and Sunrun to the Company's financial advisors
Morgan Stanley & Co. LLC and BofA Securities, Inc. and to Sunrun's
financial advisor Credit Suisse Securities (USA) LLC for use in
their financial analyses; and (c) the data and inputs underlying
the financial valuation analyses that purport to support the
fairness opinions provided by the Morgan Stanley, BofA, and Credit
Suisse. Absent judicial intervention, the Proposed Transaction will
be consummated, resulting in irreparable injury to Plaintiff and
the Class, says the complaint.
This action seeks to enjoin the Proposed Transaction or, in the
event the Proposed Transaction is consummated, to recover damages
resulting from the breaches of fiduciary duties by Defendants.
The Plaintiff is a citizen of North Carolina and has been a Vivint
stockholder.
Vivint distributes solar energy primarily to residential customers
in the United States.[BN]
The Plaintiff is represented by:
Evan J. Smith, Esq.
BRODSKY & SMITH, LLC
240 Mineola Boulevard, First Floor
Mineola, NY 11501
Phone: (516)741-4977
Facsimile (561)741-0626
Email: esmith@brodskysmith.com
WARDEN REHERMAN: Bid for Class Status in Hague Suit Denied
----------------------------------------------------------
In class action lawsuit captioned as MARYAM HAGUE, et al., v.
WARDEN REHERMAN, et al., Case No. 1:20-cv-00389 (S.D.W.Va.), the
Hon. Judge Omar J. Aboulhosn entered an order:
1. denying the Petitioners' Motion to Certify Class
Action;
2. denying the Petitioners' Motion for Appointment of
Counsel; and
3. denying the Petitioners' Motion to Expedite.
The Court said, "The Court will give Petitioners one final chance
to comply with the Court's instructions set forth in the Orders
entered on June 11, 2020 and June 24, 2020. To the extent
Petitioners wish to seek relief pursuant to Section 2241,
Petitioner are directed to comply with the instructions set forth
the Court's Order entered on June 24, 2020. The Court grants
Petitioners an extension of time until August 31, 2020, to comply
with the instructions set forth the Court's Order entered on June
24, 2020. Finally, the Petitioners are notified that failure to
comply with the instructions set forth the Court's Order entered on
June 24, 2020 by August 31, 2020 will result in a recommendation of
dismissal of this matter without prejudice pursuant to Rule 41(b)
of the Federal Rules of Civil Procedure 1 and Rule 41.1 of the
Local Rules of Civil Procedure for the Southern District of West
Virginia.[CC]
WISCONSIN HOSPITALITY: Fails to Pay Minimum Wage, Beyer Claims
--------------------------------------------------------------
ED BEYER, individually and on behalf of all others similarly
situated, Plaintiff v. WISCONSIN HOSPITALITY GROUP, LLC d/b/a PIZZA
HUT; PH HOSPITALITY GROUP, LLC d/b/a PIZZA HUT; and MARK DILLON,
Defendants, Case No. 1:20-cv-01133 (E.D. Wis., July 24, 2020) seeks
to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
The Plaintiff Beyer was employed by the Defendants as delivery
driver.
Wisconsin Hospitality Group, LLC operates as a restaurants. The
Company provides prepared foods and drinks for on-premise
consumption. [BN]
The Plaintiff is represented by:
Scott S. Luzi, Esq.
WALCHESKE & LUZI, LLC
15850 W. Bluemound Road, Suite 304
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: sluzi@walcheskeluzi.com
- and -
Andrew R. Biller, Esq.
BILLER & KIMBLE, LLC
4200 Regent Street, Suite 200
Columbus, OH 43219
Telephone: (614) 604-8759
Facsimile: (614) 340-4620
E-mail: abiller@billerkimble.com
- and -
Andrew P. Kimble, Esq.
Nathan B. Spencer, Esq.
BILLER & KIMBLE, LLC
3825 Edwards Road, Suite 650
Cincinnati, OH 45209
Telephone: (513) 715-8711
Facsimile: (614) 340-4620
E-mail: akimble@billerkimble.com
nspencer@billerkimble.com
ZURICH AMERICAN: Benedictine College Seeks Pay for COVID-19 Losses
------------------------------------------------------------------
BENEDICTINE COLLEGE, individually and on behalf of all others
similarly situated, Plaintiff v. ZURICH AMERICAN INSURANCE COMPANY,
Defendant, Case No. 2:20-cv-02361-JWB-KGG (D. Kan., July 23, 2020)
is a class action for arising from the Defendant's refusal to pay
claims related to COVID-19 as required by its property insurance
agreements it sold to the Plaintiff and other institutions of
higher education.
According to the complaint, the Plaintiff had purchased all-risk
commercial property insurance policies from the Defendant to
protect it in the event of an event such as COVID-19. The Policy
provides hundreds of millions of dollars in coverage for a wide
variety of losses, including loss of use of property, business
interruption, and property damage.
The Plaintiff promptly made a claim for coverage under the Policy.
But the Defendant has refused to honor its promise to provide the
protection that the Plaintiff purchased. The Defendant has not paid
any funds to date. Rather, it has indicated -- incorrectly -- that
the Policy does not cover losses of the type the Plaintiff has
suffered and that it specifically excludes coverage for losses
related to viruses like COVID-19.[BN]
The Plaintiff is represented by:
Patrick J. Stueve, Esq.
Todd M. McGuire, Esq.
Bradley T. Wilders, D. Kan, Esq.
Curtis Shank, KS Bar, Esq.
Abby E. McClellan, D. Kan, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: 816-714-7100
Facsimile: 816-714-7101
E-mail: stueve@stuevesiegel.com
wilders@stuevesiegel.com
shank@stuevesiegel.com
- and –
J. Kent Emison D. Kan., Esq.
LANGDON & EMISON LLC
911 Main Street, PO Box 220
Lexington, MO 64067
Telephone: (660) 259-6175
Facsimile: (660) 259-4571
E-mail: kent@lelaw.com
- and -
John J. Schirger D. Kan., Esq.
Matthew W. Lytle D. Kan., Esq.
Joseph M. Feierabend D. Kan., Esq.
MILLER SCHIRGER LLC
4520 Main Street, Suite 1570
Kansas City, MO 64111
Telephone: (816) 561-6500
Facsimile: (816) 561-6501
E-mail: jschirger@millerschirger.com
mlytle@millerschirger.com
jfeierabend@millerschirger.com
- and -
Richard F. Lombardo, Esq.
Dawn M. Parsons, Esq.
Michael F. Barzee, Esq.
Rachael D. Longhofer, Esq.
SHAFFER LOMBARDO SHURIN, P.C.
2001 Wyandotte Street
Kansas City, MO 64108
Telephone: (816) 931-0500
Facsimile: (816) 931-5775
E-mail: rlombardo@sls-law.com
dparsons@sls-law.com
mbarzee@sls-law.com
rlonghofer@sls-law.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
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