/raid1/www/Hosts/bankrupt/CAR_Public/201020.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, October 20, 2020, Vol. 22, No. 210
Headlines
#1 ISTANBUL KEBAB: Resto Staff Slams Tip Credit, Wants Overtime Pay
1650 BROADWAY: Rule 23 & FLSA Classes Certified
AARP INC: Gozdenovich Suit Seeks to Certify Rule 23 Classes
ALLIANZ GLOBAL: Teamster Members File Suit Over Fund Losses
ALTERRA MOUNTAIN: Goldsmith Suit Removed to W.D. Missouri
ALTERYX INC: Klein Law Firm Reminds of Class Action
AMJED FARAJ HATU: $336K Sale of 2 Bethel Properties Approved
AURORA HEALTH: Eubanks Seeks Pay for Uncompensated Working Hours
AVENU INSIGHTS: Palmer Sues to Recover Unpaid Commissions
BAIDU INC: Klein Law Firm Reminds of Class Action
BANK OF NOVA SCOTIA: Blankenship Slams Rigged Prices of Commodities
BANK OF NOVA SCOTIA: Tran Sues Over Rigged Prices of Commodities
BETTER CHOICE: Perez-Lopez Suit Seeks Unpaid Overtime Pay
BLINK CHARGING: Levi & Korsinsky Reminds of October 23 Deadline
BLUE CROSS: Gonzalez Slams Denied Cancer Therapy Treatment
BMW: Seeks 9th Cir. Review of Braverman Class Certification Order
BOEUF & BUN CORP: Mazriegos' Suit Seeks Unpaid Overtime Wages
BOLL & BRANCH: Griffith TCPA Suit Transferred to C.D. Cal.
BRONX MEAT: Eberastico Sues Over Unpaid Wages Under FLSA
BUNN-O-MATIC CORP: Dawson Sues Over Non-Blind Friendly Website
CENTRAL MOLONEY: Canada, Smith Sue Under FLSA to Recover OT Pay
CF INDUSTRIES: Technicians Seek Pay for Hours Worked Over 40
CHA PA'S NOODLES: Lopez Files Labor Class Action in NY
CHMURA ECONOMICS: Does not Pay Overtime Premiums, Wilson Suit Says
CINCINNATI INSURANCE: Berg Dental Slams Denied Insurance Coverage
CNX MIDSTREAM: Faces Class Action Over CNX Resources Merger Deal
DOORDASH: Lona's Lil Eats Sues Firm For False Advertising
DPI INC: Website Not Blind-Friendly, Paguada Suit Says
EASTMAN KODAK CO: McAdams Hits Share Price Drop
EASTMAN KODAK: Gross Law Firm Announces Class Action
ENDURANCE DEALER: Farney Sues Over Auto-Dialed Text Messages
ERNIE'S AUTO: Rosario Sues Over Unpaid Wages, Missing Paystubs
EVERFAST INC: Calcano Suit Says Website Not Blind-accessible
FARMAR LAW GROUP: Segura Files FDCPA Suit in C.D. California
FENNEC PHARMACEUTICALS: Klein Law Reminds of Nov. 2 Deadline
FOUND HEALTH: Holden Alleges Wiretapping of Web Site Visitors
GEORGE MASON UNIVERSITY: Langert Seeks Tuition Fee Refund
GOHEALTH INC: Kahn Swick Reminds of Nov. 20 Deadline
GOLAR LNG: Faruqi & Faruqi Reminds of Nov. 23 Deadline
GT PIZZA: Conditional Certification of McGrothers Action Sought
HENNESSY CAPITAL: Monteverde & Associates Probes Firm
HERNANDEZ TREE CARE: Baires Files Suit Under FLSA Over Unpaid Wages
HUDSON'S BAY: Saleh Alleges Wiretapping of Web Site Visitors
J. SILVA SPRINKLER: Plumbers' Suit Seeks Unpaid Overtime Wages
JAZZ PHARMA: Delayed Entry of Generic Narcolepsy Drug, Hollman Says
JENNY'S MARKETPLACE: Flores Sues for Denied Paystubs, Overtime Pay
LEGACY PARTNERS: Bursalian Sues Over Illegal SMS Blasts
LIVE TINTED: Tenzer-Fuchs Says Website Inaccessible to the Blind
LIZHI INC: Pomerantz Law Announces Securities Class Action
LM GENERAL: Court Drops Class Status Bid, to Hear Dismissal First
LOWE'S HOME: Certification of ADEA & Common Law Classes Sought
MAPLE MEDIA LLC: Jones Claims Website not Deaf-accessible
MARKEL INSURANCE CO: ADL Fitness Slams Denied Insurance Coverage
MDLG INC: Brogdon Files Class Suit to Recover Unpaid Overtime Wages
MEDICAL NUTRITION: Faces Ferullo Suit Over Wrongful Termination
MISSOURI: Voter Groups Slam Remote Voting Practices
MORGAN STANLEY: Dalton Sues Over Data Breach
MURDER MYSTERY CO: Theater Staff Seeks to Recover Unpaid Wages
NANO-X IMAGING: Gross Law Firm Announces Class Action
NCAA: Key Files Suit Over Concussion-related Health Issues
NEPTUNE MECHANICAL: Felicier Seeks Overtime, Spread-of-Hours Pay
NEUROBRANDS LLC: Class Certification Bid Granted in Part
NEXTCURE INC: Bernstein Liebhard Announces Securities Class Action
NOOM INC: Graham Alleges Wiretapping of Web Site Visitors
NORTH AMERICAN BANCARD: McGhee Suit Seeks to Certify Rule 23 Class
NORTHSTAR LOCATION: Halperin Files FDCPA Suit in S.D. New York
ONE ADVANTAGE: Faces Blake Suit in Missouri Over FDCA Violation
PATTERSON COS: Appeals Ruling in Plymouth Retirement to 8th Cir.
PHILLIPS & COHEN: Purdy Files Class Suit for Unfair Debt Collection
PINE CLUB: Church Seeks to Certify FLSA Class
PIZZA TO YOU: Waters Seeks to Certify Delivery Drivers Class
PRO CUSTOM SOLAR: Tapia Seeks Denied Overtime Pay, Reimbursements
PROCTER & GAMBLE: Detergent Mislabeled as Plant-based, Says Cole
QUTOUTIAO INC: Burnham Hits Share Price Drop
ROI SOLUTIONS: Stenulson Suit Seeks to Recover Unpaid OT Wages
SCIENTIFIC GAMES: Rancho's Club Sues Over Automatic Card Shufflers
SETERUS INC: Lemp Seeks to Certify FDCPA & Rosenthal Act Classes
SIZELAND INC: Creasy Slams Misclassification, Claims Overtime Pay
SOUTHWEST CREDIT: Schechter Files FDCPA Suit in E.D. New York
STAAR SURGICAL: Zhang Investor Reminds of Class Action
SUBARU OF AMERICA: Subaru Drivers Sue Over Unintended Acceleration
SUTTER HEALTH: Bonicarlo Files ERISA Suit Over Fund Management
TAVERNA KYCLADES: Workers' Class Suit Seek Proper Wages
THEDACARE INC: Faces Glick Class Suit Over Fund Management
THEMLSONLINE.COM INC: Schultz Files TCPA Suit in W.D. Minnesota
THOMAS CARDELLA: Call Center Agents Demand Pay for Pre-Shift Work
TIAA BANK: Loan Officers' Labor Suit Seeks Unpaid Overtime Wages
TITLEMAX OF CALIFORNIA: Monge Seeks Refund of Excess Charges Paid
TORCH & CROWN: Pollock Suit Seeks to Recover Unpaid Overtime Pay
UNITED SPECIALTY: Mair Suit Moved to N.D. California
UNITED SPECIALTY: Tourgee Suit Moved to N.D. California
UNITEDHEALTH GROUP: Olukayode Seeks to Certify Maryland Class
UNIVERSITY OF ARKANSAS: Corbitt Slams Illegal Pay Parking Scheme
US POSTAL SERVICE: Voters File Suit to Ensure Adequate Funding
VANDER FINANCIAL: Chatman Sues Over Consumer Debt Collection
VARSITY BRANDS: Cheerleading Gyms Slam Competition Monopoly
VECTOIQ ACQUISITION: Klein Law Firm Reminds of Nov. 16 Deadline
VELOCITY FINANCIAL: Gross Law Announces Class Action
W.L. YORK INC: Dancers Sue Over Illegal Tip Pool
WELLS FARGO: Class Status Sought in Purple Mountain Trust Case
WHIRLPOOL CORP: Cleveland Sues Over Defective Dishwasher
WHITE CASTLE: Seventh Circuit Appeal Filed in Cothron BIPA Suit
WILD IRISHMAN TREE: Dominguez Sues Over Unpaid Overtime
WYNDHAM VACATION: Timeshare Owners File Class Suit
ZEMAK LLC: Dellamedaglia Seeks Overtime Pay, Withheld Tips
*********
#1 ISTANBUL KEBAB: Resto Staff Slams Tip Credit, Wants Overtime Pay
-------------------------------------------------------------------
Ernesto Galvez and Ondilon Galvez de Jesus individually and on
behalf of others similarly situated, Plaintiff, v. #1 Istanbul
Kebab House Corp. and Saodat Usmonova, Defendants, Case No.
20-cv-06332 (S.D. N.Y., August 12, 2020), seeks to recover unpaid
minimum and overtime wages and redress for failure to provide
itemized wage statements pursuant to the Fair Labor Standards Act
of 1938 and New York Labor Law, including applicable liquidated
damages, interest, attorneys' fees and costs.
Defendants own, operate, or control a Turkish restaurant, located
in New York, NY under the name "Istanbul Kebab House" where
Plaintiffs were employed as dishwashers and delivery workers. Both
claim to have worked in excess of 40 hours per week, without
appropriate minimum wage, overtime and spread of hours compensation
for the hours that they worked. Salvador was ostensibly employed as
a delivery worker but spent a significant amount of time performing
non-tipped duties. Both were paid lower than the required
tip-credit rate but were deducted a tip credit because their
non-tipped duties exceeded 20% of each workday, thus allowing
Istanbul Kebab to pay the tip-credit instead of the minimum wage
rate. Istanbul Kebab also failed to maintain accurate recordkeeping
of the hours worked and failed to pay them appropriately for any
hours worked, either at the straight rate of pay or for any
additional overtime premium, asserts the complaint.[BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
1650 BROADWAY: Rule 23 & FLSA Classes Certified
-----------------------------------------------
In the class action lawsuit captioned as KEVIN RAY, BRIAN ESPOSITO,
SAMUEL LADD, and JENNA MILLER, Individually and on Behalf of Others
Similarly Situated, v. 1650 BROADWAY ASSOCIATES INC. d/b/a Ellen's
Stardust Diner and Kenneth Sturm, Jointly and Severally, Case No.
1:16-cv-09858-VSB (S.D.N.Y.), the Hon. Judge Vernon S. Broderick
entered an order:
1. provisionally certifying the proposed Rule 23 Class;
2. provisionally certifying for settlement purposes the
proposed Fair Labor Standards Act Collective Class;
3. appointing Eisner & Dictor, P.C. and Roger J. Bernstein as
class counsel;
4. appointing Rust Consulting as Claims Administrator; and
5. approving the Proposed Class Notice.
The Court said, "In light of the fact that the Rule 23 Class has
256 members, the Plaintiffs satisfy the numerosity requirement. The
proposed Rule 23 Class also satisfies Rule 23(a)(4)'s adequacy
requirement. In this case, the Plaintiffs' interests are in line
with the class, as they share common claims."
The proposed FLSA Collective Class consists of 91 employees
employed by the Defendants as tipped servers from December 21, 2010
to December 14, 2020. Judge Broderick concluded that the Plaintiffs
have satisfied Rule 23's higher standard for class certification,
the Judge find that the Plaintiffs have also met the standard
provisional certification of the proposed FLSA Collective Class.
A copy of the Court's Order is available from PacerMonitor.com at
https://bit.ly/2GrqsBN at no extra charge.[CC]
AARP INC: Gozdenovich Suit Seeks to Certify Rule 23 Classes
-----------------------------------------------------------
In the class action lawsuit captioned as BRIAN GOZDENOVICH, on
behalf of himself and all others similarly situated, v. AARP, INC.,
AARP SERVICES INC., AARP INSURANCE PLAN, UNITEDHEALTH GROUP, INC.,
and UNITEDHEALTHCARE INSURANCE COMPANY, , Case No.
2:18-cv-02788-MCA-MAH (D.N.J.), the Plaintiff will move the Court
for an order:
1. granting his motion to certify the following Rule 23(b)(3)
Class:
"all persons residing in the State of New Jersey who were
enrolled in the AARP-branded Medicare Supplement Insurance
Plan insured by UnitedHealthcare Insurance Co. at any time
from February 27, 2012 through the date that class notice
is disseminated";
2. granting his motion to certify the following Rule 23(b)(2)
Class:
"all persons residing in the State of New Jersey who were
enrolled in the AARP-branded Medicare Supplement Insurance
Plan insured by UnitedHealthcare Insurance Co. at any time
from February 27, 2012 through the date that class notice
is disseminated";
3. appointing Brian Gozdenovich as Class Representative; and
4. appointing Bursor & Fisher, P.A. and Carella Byrne Cecchi
Olstein Brody & Agnello, P.C. as Class Counsel.
The Plaintiff contends he has satisfied the requirements of Rule
23(a) and Rule 23(b) of the Federal Rules of Civil Procedure. The
Class is sufficiently numerous such that joinder of all members
would be impracticable. The Plaintiff's claims are susceptible to
common proof and class-wide relief can be proved on a common
basis.
AARP is a United States-based interest group focusing on issues
affecting those over the age of 50. According to the organization,
it had more than 38 million members as of 2018. The magazine and
bulletin it sends to its members are the two largest-circulation
publications in the United States.
A copy of the Plaintiff's motion for conditional certification
dated Oct. 16, 2020 is available from PacerMonitor.com at
https://bit.ly/2FIKQy8 at no extra charge.[CC]
The Plaintiff is represented by:
Joshua D, Arisohn, Esq.
Frederick J. Klorczyk III, Esq.
Andrew J. Obergfell, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (212) 989-9113
Facsimile: (212) 989-9163
E-Mail: jarisohn@bursor.com
fklorczyk@bursor.com
aobergfell@bursor.com
- and -
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-Mail: jcecchi@carellabyrne.com
ALLIANZ GLOBAL: Teamster Members File Suit Over Fund Losses
-----------------------------------------------------------
Teamster Members Retirement Plan, individually and on behalf of all
others similarly situated, Plaintiff, v. Allianz Global Investors
U.S. LLC, Allianz Global Investors U.S. Holdings LLC, Allianz SE,
Allianz Asset Management GmBH, Allianz of America, Inc., Allianz
Asset Management of America Holdings Inc., Allianz Asset Management
of America LLC, Allianz Asset Management of America L.P. and PFP
Holdings Inc., Defendants, Case No. 20-cv-07154, (S.D. N.Y.,
September 2, 2020), seeks to recover damages resulting from
breaches of contract and violations of fiduciary duty.
Allianz GI is the Managing Member of Structured Alpha US Equity 500
LLC, a hedge fund that it and the other Allianz Group members
developed, marketed and managed as a "return enhancement" fund.
Allianz Global Investors collected an "incentive allocation" fee
from fund investors equal to 30% of the amount by which the fund
outperformed the S&P 500 Index. Unfortunately for investors, as the
events of late February and March 2020 played out, the markets
continued to move against the fund's positions and the costs of
meaningfully reducing its risk exposure to prudent levels increased
with each passing day. The fund's March 2020 paper losses meant
that it would likely be at least a year before its value would
bounce back to its previous value. By the end of March 2020, its
investors had lost over 75% of their money, or nearly $1 billion.
Teamster Members Retirement Plan is a 501(c)(18) employee-funded
defined benefit plan with its principal place of business in Carol
Stream, Illinois. It invested in the Structured Alpha US Equity 500
hedge fund managed by the Allianz Group.
Plaintiff is represented by:
William C. Fredericks, Esq.
Donald A. Broggi, Esq.
Zachary M. Vaughan, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
Email: wfredericks@scott-scott.com
dbroggi@scott-scott.com
zvaughan@scott-scott.com
ALTERRA MOUNTAIN: Goldsmith Suit Removed to W.D. Missouri
---------------------------------------------------------
The case captioned Erin Goldsmith, Isabel C. Ossa, individuals; on
behalf of themselves and all others similarly situated v. Alterra
Mountain Company, Ikon Pass, Inc., Arch Insurance Company, DOES
1-10 Inclusive, Case No. 2:20-cv-05722, was removed from the U.S.
District Court for the Central District of California, to the U.S.
District Court for the Western District of Missouri on Oct. 15,
2020.
The District Court Clerk assigned Case No. 4:20-cv-00832-BCW to the
proceeding.
The nature of suit is stated as Insurance.
Alterra Mountain Company is a community of 15 iconic year-round
destinations, including the world's largest heli-ski operation,
offering the Ikon Pass, the new standard in season passes.[BN]
The Plaintiffs are represented by:
Joshua H Haffner, Esq.
Graham Lambert, Esq.
HAFFNER LAW PC
445 South Figueroa Street Suite 2625
Los Angeles, CA 90071
Phone: (213) 514-5681
Fax: (213) 514-5682
Email: jhh@haffnerlawyers.com
gl@haffnerlawyers.com
The Defendants are represented by:
Shon Morgan, Esq.
Phone: (213) 443-3000
Email: shonmorgan@quinnemanuel.com
- and -
Erik K Swanholt, Esq.
Jessica N Walker, Esq.
FOLEY & LARDNER LLP
555 South Flower Street 35th Floor
Los Angeles, CA 90071-2411
Phone: (213) 972-4500
Fax: (213) 486-0065
Email: eswanholt@foley.com
jwalker@foley.com
ALTERYX INC: Klein Law Firm Reminds of Class Action
---------------------------------------------------
The Klein Law Firm announces that a class action complaint has been
filed on behalf of shareholders of Alteryx, Inc. There is no cost
to participate in the suit. If you suffered a loss, you have until
the lead plaintiff deadline to request that the court appoint you
as lead plaintiff.
Alteryx, Inc. (NYSE:AYX)
Class Period: May 6, 2020 - August 6, 2020
Lead Plaintiff Deadline: October 19, 2020
The AYX lawsuit alleges that Alteryx, Inc. made materially false
and/or misleading statements and/or failed to disclose that: (1)
the Company was unable to close large deals within the quarter, and
deals were pushed out to subsequent quarters or downsized; (2) as a
result, Alteryx increasingly relied on adoption licenses to attract
new customers; (3) as a result and due to the nature of adoption
licenses, the Company's revenue was reasonably likely to decline;
and (4) as a result of the foregoing, defendants' positive
statements about the Company's business, operations, and prospects
were materially misleading and/or lacked a reasonable basis.
Learn about your recoverable losses in AYX:
http://www.kleinstocklaw.com/pslra-1/alteryx-inc-loss-submission-form?id=9627&from=1
Your ability to share in any recovery doesn't require that you
serve as a lead plaintiff. If you suffered a loss during the class
period and wish to obtain additional information, please contact J.
Klein, Esq. by telephone at 212-616-4899 or visit the webpages
provided.
J. Klein, Esq. represents investors and participates in securities
litigations involving financial fraud throughout the nation.
Attorney advertising. Prior results do not guarantee similar
outcomes.
J. Klein, Esq.
Empire State Building
350 Fifth Avenue
59th Floor
New York, NY 10118
Telephone: (212) 616-4899
Fax: (347) 558-9665
E-mail: jk@kleinstocklaw.com [GN]
AMJED FARAJ HATU: $336K Sale of 2 Bethel Properties Approved
------------------------------------------------------------
Judge Joseph N. Callaway of the U.S. Bankruptcy Court for the
Eastern District of North Carolina authorized Amjed Faraj Hatu's
sale of the following two real properties: (i) located at 127 E.
Washington St., Bethel, North Carolina to Nahro Innab for $50,000,
and (ii) located at 213 E. Washington St., Bethel, North Carolina
to Hashem Hatu for $286,000.
Both sales will (i) include the interest of the Debtor and the
interest of the Amjed Faraj Hatu Revocable Trust; (ii) by
non-warranty deed; and (iii) be free and clear of liens, with liens
attaching to the proceeds of the sale in the same order and
priority as existed pre-petition.
The net proceeds of the sales will be held in the trust account of
the Janvier Law Firm pending further orders by the Court.
Pro-rata ad valorem taxes and all costs of sale ordinarily paid by
the seller will be paid at closing from the sale proceeds.
The buyers must deliver 10% of the purchase price down in good
funds to the Janvier Law Firm on Oct. 9, 2020. They must close the
sales by Nov. 9, 2020.
The request to sell the three vacant lots located in Rocky Mount,
North Carolina was orally withdrawn by the Debtor at the hearing.
Amjed Faraj Hatu sought Chapter 11 protection (Bankr. E.D.N.C. Case
No. 19-05428) on Nov. 25, 2019. The Debtor tapped William P.
Janvier, Esq., at Janvier Law Firm, PLLC, as counsel.
AURORA HEALTH: Eubanks Seeks Pay for Uncompensated Working Hours
----------------------------------------------------------------
Kenyona Eubanks, individually and on behalf of all others similarly
situated, Plaintiffs, v. Aurora Health Care, Inc., Defendants, Case
No. 20-cv-01253, (E.D. Wisc., August 14, 2020) seeks damages in the
amount of all unpaid overtime, liquidated damages, plus interest
and costs, legal and equitable relief, attorney fees' and costs
pursuant to the Fair Labor Standards Act.
Eubanks worked for Aurora Health Care as a medical assistant
floater. She claims that Aurora's timekeeping system is configured
to round the clock in and clock out times for hourly employees when
they clock in or out within seven minutes of the top or bottom of
each hour, thus leaving the excess uncompensated. [BN]
Plaintiff is represented by:
James X. Bormes, Esq.
Catherine P. Sons, Esq.
LAW OFFICE OF JAMES X. BORMES, P.C.
8 South Michigan Avenue, Suite 2600
Chicago, IL 60603
Tel: (312) 201-0575
Email: jxbormes@bormeslaw.com
cpsons@bormeslaw.com
- and -
Thomas M. Ryan, Esq.
Law Office of Thomas M. Ryan, P.C.
35 East Wacker Drive, Suite 650
Chicago, IL 60601
Tel: (312) 726-3400
Email: tom@tomryanlaw.com
- and -
Patrick J. Schott, Esq.
SCHOTT, BUBLITZ & ENGLE, S.C.
640 West Moreland Boulevard
Waukesha, WI 53188
Tel: (262) 827-1700
Email: pschott@sbe-law.com
AVENU INSIGHTS: Palmer Sues to Recover Unpaid Commissions
---------------------------------------------------------
Timothy Palmer on behalf of himself and on behalf of others
similarly situated, Plaintiff, v. Avenu Insights and Analytics,
LLC, a Limited Liability Company, Conduent Inc. and Does 1 through
50, inclusive, Defendants, Case No. 20VECV01004 (Cal. Super.,
September 8, 2020), seeks redress for failure to authorize or
permit required meal periods, statutory penalties for failure to
provide accurate wage statements, waiting time penalties in the
form of continuation wages for failure to timely pay employees all
wages due upon separation of employment, failure to maintain
time-keeping records, failure to enter into a commission contract,
injunctive relief and other equitable relief, reasonable attorney's
fees, costs and interest under the California Labor Code and
applicable Industrial Wage Orders.
Palmer began his employment with Conduent, Inc. on January 1, 2017
before it was acquired by Avenu Insights and Analytics in September
2018. He claims that his commissions were being held back "for
completion of implementation" of which he did not agree to. He also
claims to be misclassified as an exempt employee, thus denied
overtime pay for hours rendered in excess of 40 per workweek. He
resigned on August 9, 2019 with Public Sector Client Executive
being his last position.
Plaintiff is represented by:
Rosemary Amezcua-Moll, Esq.
AMEZCUA-MOLL & ASSOCIATES, P.C.
1122 E. Lincoln Avenue, Suite 203
Orange, CA 92865
Telephone: (714) 288-2826
Facsimile: (714) 464-4536
Email: Rose@amalaw.net
BAIDU INC: Klein Law Firm Reminds of Class Action
-------------------------------------------------
The Klein Law Firm announces that a class action complaint has been
filed on behalf of shareholders of Baidu, Inc. There is no cost to
participate in the suit. If you suffered a loss, you have until the
lead plaintiff deadline to request that the court appoint you as
lead plaintiff.
Baidu, Inc. (NASDAQ:BIDU)
Class Period: April 8, 2016 - August 13, 2020
Lead Plaintiff Deadline: October 19, 2020
Throughout the class period, Baidu, Inc. allegedly made materially
false and/or misleading statements and/or failed to disclose that:
(1) Baidu misrepresented the financial and business condition of
iQIYI; (2) iQIYI had inadequate controls; and (3) as a result,
Defendants' public statements were materially false and/or
misleading at all relevant times.
Learn about your recoverable losses in BIDU:
http://www.kleinstocklaw.com/pslra-1/baidu-inc-loss-submission-form-2?id=9627&from=1
Your ability to share in any recovery doesn't require that you
serve as a lead plaintiff. If you suffered a loss during the class
period and wish to obtain additional information, please contact J.
Klein, Esq. by telephone at 212-616-4899 or visit the webpages
provided.
J. Klein, Esq. represents investors and participates in securities
litigations involving financial fraud throughout the nation.
Attorney advertising. Prior results do not guarantee similar
outcomes. [GN]
BANK OF NOVA SCOTIA: Blankenship Slams Rigged Prices of Commodities
-------------------------------------------------------------------
Larry Blankenship, on behalf of himself and all others similarly
situated, Plaintiff, v. Bank of Nova Scotia, Scotia Capital (USA)
Inc., Scotia Holdings (US) Inc., The Bank of Nova Scotia Trust
Company of New York, Corey Flaum and John Does 1-25, Defendants,
Case No. 20-cv-05267, (N.D. Ill., September 4, 2020), seeks
remedies under the Commodity Exchange Act and the Sherman Act
arising from the manipulation of the prices of wheat futures and
options contracts traded on the Chicago Board of Trade.
Plaintiff alleges that Defendants engaged in an illicit scheme to
"spoof" the market for futures contracts. Defendants placed
legitimate buy and sell orders and would then place manipulative
orders to artificially drive the price in their favor. After the
legitimate order was executed, Defendants would cancel the
manipulative orders before the manipulative orders could be
executed. Such a scheme was designed to artificially move the
prices of futures and options contracts in which Plaintiff
transacted. Blankenship suffered losses attributable to the price
manipulation.
Bank of Nova Scotia is a bank headquartered at 44 King Street West
Toronto, Ontario, Canada where Corey Flaum was employed. Flaum pled
guilty to one count of attempted commodities price manipulation on
July 25, 2019. [BN]
Plaintiff is represented by:
Anthony F. Fata, Esq.
Jennifer W. Sprengel, Esq.
Brian P. O'Connell, Esq.
Kaitlin Naughton, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
150 S. Wacker, Suite 3000
Chicago, IL 60606
Tel: (312) 782-4882
Email: afata@caffertyclobes.com
jsprengel@caffertyclobes.com
boconnell@caffertyclobes.com
- and -
Karen M. Lerner, Esq.
David E. Kovel, Esq.
Anthony E. Maneiro, Esq.
KIRBY McINERNEY LLP
250 Park Avenue, Suite 820
Tel: (212) 371-6600
Email: dkovel@kmllp.com
klerner@kmllp.com
amaneiro@kmllp.com
BANK OF NOVA SCOTIA: Tran Sues Over Rigged Prices of Commodities
----------------------------------------------------------------
Don Tran, on behalf of himself and all others similarly situated,
Plaintiff, v. Bank of Nova Scotia, Corey Flaum and John Does 1-25,
Defendants, Case No. 20-cv-12261, (D. N.J., September 2, 2020),
seeks remedies under the Commodity Exchange Act and the Sherman Act
arising from the manipulation of the prices of wheat futures and
options contracts traded on the Chicago Board of Trade.
Tran alleges that Defendants engaged in an illicit scheme to
"spoof" the market for futures contracts. Defendants placed
legitimate buy and sell orders and would then place manipulative
orders to artificially drive the price in their favor. After the
legitimate order was executed, Defendants would cancel the
manipulative orders before the manipulative orders could be
executed. Such a scheme was designed to artificially move the
prices of futures and options contracts in which Tran transacted.
Tran suffered losses attributable to the price manipulation.
Bank of Nova Scotia is a bank headquartered at 44 King Street West
Toronto, Ontario, Canada where Corey Flaum was employed. Flaum pled
guilty to one count of attempted commodities price manipulation on
July 25, 2019. [BN]
Plaintiff is represented by:
James E. Cecchi, Esq.
Michael A. Innes, Esq.
Chirali V. Patel, Esq.
CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
Email: jcecchi@carellabyrne.com
- and -
Joseph H. Meltzer, Esq.
Melissa L. Troutner, Esq.
Ethan J. Barlieb, Esq.
Jordan Jacobson, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
Email: jmeltzer@ktmc.com
mtroutner@ktmc.com
ebarlieb@ktmc.com
jjacobson@ktmc.com
BETTER CHOICE: Perez-Lopez Suit Seeks Unpaid Overtime Pay
---------------------------------------------------------
Fernando Perez-Lopez, on behalf of himself and all others similarly
situated, Plaintiff, v. A Better Choice Cleaning Company Corp., A
Better Choice of Cleaning Corp. and Naum Landaverde, Defendants,
Case No. 20-cv-03773, (E.D. N.Y., August 18, 2020), seeks to
recover overtime compensation, compensatory damages, liquidated
damages, penalty damages and attorney's fees brought pursuant to
the Fair Labor Standards Act and New York labor law.
Defendants owned and/or operated a cleaning service company located
in Great Neck, New York 11020 under the name "A Better Choice of
Cleaning Corp" and services customers in Long Island, Queens and
Manhattan. Plaintiff worked for Better Choice as a cleaner from
February 2018 to February 29, 2020. He claims to have worked in
excess of 40 hours a week without being paid overtime. He also
claims to be denied wage statements. [BN]
Plaintiff is represented by:
Jasmine Y. Patel, Esq.
FRANKLIN, GRINGER & COHEN, P.C.
666 Old Country Road, Suite 202
Garden City, NY 11530
Telephone: (516) 228-3131
Facsimile: (516) 228-3136
Email: jpatel@franklingringer.com
BLINK CHARGING: Levi & Korsinsky Reminds of October 23 Deadline
---------------------------------------------------------------
The following statement is being issued by Levi & Korsinsky, LLP:
To: All persons or entities who purchased or otherwise acquired
securities of Blink Charging Company ("Blink Charging") (NASDAQ:
BLNK) between March 6, 2020 and August 19, 2020. You are hereby
notified that a securities class action lawsuit has been commenced
in the United States District Court for the Southern District of
Florida. To get more information go to:
https://www.zlk.com/pslra-1/blink-charging-company-information-request-form?prid=9630&wire=5
or contact Joseph E. Levi, Esq. either via email at
jlevi@levikorsinsky.com or by telephone at (212) 363-7500. There is
no cost or obligation to you.
The complaint alleges that throughout the class period Defendants
issued materially false and/or misleading statements and/or failed
to disclose that: (i) many of Blink's charging stations are
damaged, neglected, non-functional, inaccessible, nor
non-accessible; (ii) Blink's purported partnerships and expansions
with other companies were overstated; (iii) the purported growth of
the Company's network has been overstated; and (iv) as a result,
the Company's public statements were materially false and
misleading at all relevant times.
If you suffered a loss in Blink Charging you have until October 23,
2020 to request that the Court appoint you as lead plaintiff. Your
ability to share in any recovery doesn't require that you serve as
a lead plaintiff.
Levi & Korsinsky is a nationally recognized firm with offices in
New York, California, Connecticut, and Washington D.C. The firm's
attorneys have extensive expertise and experience representing
investors in securities litigation and have recovered hundreds of
millions of dollars for aggrieved shareholders. Attorney
advertising. Prior results do not guarantee similar outcomes.[GN]
BLUE CROSS: Gonzalez Slams Denied Cancer Therapy Treatment
----------------------------------------------------------
Roslyn Gonzalez, on behalf of herself and all others similarly
situated, Plaintiff, v. Blue Cross and Blue Shield Association,
Health Care Service Corporation and United States Office of
Personnel Management, Defendants, Case No. 20-cv-02149, (N.D. Tex.,
August 13, 2020), wants Blue Cross to disgorge funds it has saved
in delaying treatment to policyholders, declaratory and injunctive
relief resulting from unjust enrichment, breach of contract and for
violation of the Texas Consumer Protection Act and Texas Unfair
Claim Settlement Practices Act.
Gonzalez, a 43-year old female, is a participant in the Blue Cross
and Blue Shield Service Benefit Plan administered by the Blue Cross
and Blue Shield Association and Blue Cross Blue Shield of Texas.
She obtained coverage under the Plan through her former employment
as an attorney with the United States Department of Homeland
Security and Army Corps of Engineers. Gonzalez was diagnosed of
having a 3.9 cm right ovarian cyst in her pelvis.
Proton Beam Radiation Therapy is a radiation therapy to treat a
tumor while reducing doses to healthy tissues and organs, which
results in fewer complications and side effects than traditional
radiation treatments. Gonzalez claims to spend a significant amount
of time in appeals, and pleas, to Blue Cross to reverse its initial
denials and approve the treatment despite proton beam radiation
therapy being recognized as an established, medically appropriate
treatment for various forms of cancer for decades.
Blue Cross and Blue Shield Association is a national association of
36 independent, community-based and locally operated Blue Cross
Blue Shield companies. It is responsible for processing claims and
providing customer service to its plan members. United States
Office of Personnel Management is an agency of the Federal
Government and serves as the chief human resources agency and
personnel policy manager to the Federal Government and has a
contract with Blue Cross for its employees.[BN]
Plaintiff is represented by:
Amar Raval, Esq.
BERG PLUMMER JOHNSON & RAVAL, LLP
3700 Buffalo Speedway, Suite 1150
Houston, TX 77098
Tel: (713) 526-0200
Fax: (832) 615-2665
Email: araval@berglummer.com
- and -
Richard T. Collins, Esq.
Damon D. Eisenbrey, Esq.
Adrian L. Canzoneri, Esq.
CALLAHAN & BLAINE, APLC
3 Hutton Centre Drive, Ninth Floor
Santa Ana, CA 92707
Tel: (714) 241-4444
Fax: (714) 241-4445
Email: rcollins@callahan-law.com
deisenbrey@callahan-law.com
acanzoneri@callahan-law.com
BMW: Seeks 9th Cir. Review of Braverman Class Certification Order
-----------------------------------------------------------------
Defendant BMW of North America, LLC filed an appeal from the
District Court's Order dated September 30, 2020, entered in the
lawsuit styled as BARRY BRAVERMAN, et al., v. BMW OF NORTH AMERICA,
LLC, et al., Case No. 8:16-cv-00966-TJH-PJW, in the U.S. District
Court for the Central District of California. Specifically, BMW of
North America, LLC seeks to appeal the September 30, 2020 order of
the United States District Court, Central District of California,
certifying a California class for a breach of implied warranty
claim under the Song-Beverly Consumer Warranty Act. BMW NA seeks a
hearing on the merits and reversal of the Order.
The questions presented are: 1. Whether a commonality finding may
rest on allegations of an alleged defect alone, unsupported by an
expert opinion or other evidence, when Circuit law requires
evidence of a "common defect" to frame a common question on
certification? 2. Whether common issues predominate an implied
warranty claim when the District Court has previously held an
allegedly undisclosed "defect" was in fact explained and known to
some members of the putative class before their vehicle purchases,
and where Plaintiffs' expert admits he needs individual information
about where each class member lives and drives before he can opine
whether the alleged defect is substantially certain to manifest in
any putative class vehicle?
As previously reported in the Class Action Reporter on July 10,
2020, the Plaintiffs Barry Braverman, Hakop Demirchyan, Joel Green,
Dr. Glynda Roberson, and Edo Tsoar (California Plaintiffs), will
move the Court on or after November 9, 2020, for an order:
a. certifying California Plaintiffs' putative class in this
litigation defined as:
"all persons or entities who purchased or leased a new BMW
i3 with Range Extender model-year 2014-2016 (Class Cars)
from an authorized BMW dealer on or before May 16, 2016,
in California."
Excluded from the Class are BMW North America and BMW AG,
their employees, co-conspirators, officers, directors,
legal representatives, heirs, successors, wholly- or
partly-owned, and their subsidiaries and affiliates, BMW
dealers, Class counsel and their employees, and the
judicial officers and their immediate family members and
associated court staff assigned to this case, all persons
who make a timely election to be excluded from the
Classes, and governmental entities.;
b. appointing themselves as class representatives; and
c. appointing Hagens Berman Sobol Shapiro LLP as Class
Counsel.
The legal claims for which certification are sought are:
-- Breach of implied warranty of merchantability under the
Song-Beverly Act, Cal. Civ. Code sections 1791.1 & 1792;
and
-- A derivative Magnuson-Moss claim for implied warranty of
merchantability under 15 U.S.C. Sec. 2301, et seq.
The appellate case is captioned as BARRY BRAVERMAN, ET AL., on
behalf of themselves and all others similarly situated,
Plaintiffs-Respondents, v. BMW OF NORTH AMERICA, LLC,
Defendant-Petitioner, Case No. 20-80145, in the United States Court
of Appeals for the Ninth Circuit.[BN]
Defendant-Petitioner BMW OF NORTH AMERICA, LLC is represented by:
Eric Y. Kizirian, Esq.
Zourik Zarifian, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
633 West 5th Street, Suite 4000
Los Angeles, CA 90071
Telephone: (213) 250-1800
Facsimile: (213) 250-7900
E-mail: eric.kizirian@lewisbrisbois.com
zourik.zarifian@lewisbrisbois.com
BOEUF & BUN CORP: Mazriegos' Suit Seeks Unpaid Overtime Wages
-------------------------------------------------------------
Jose Mazriegos, individually and on behalf of all others similarly
situated, Plaintiffs, v. Boeuf & Bun Corp. and Tzemach Woolstone,
Defendants, Case No. 20-cv-03934, (E.D. N.Y., August 25, 2020),
seeks to recover damages for violations of New York State labor
laws and the Fair Labor Standards Act, compensatory and liquidated
damages, interest, attorneys' fees, costs and all other legal and
equitable remedies.
Mazriegos was employed by Boeuf & Bun as a line cook, food preparer
and kitchen worker from September 2016 to March 2020. He claims to
have worked in excess of 40 hours per day without overtime premium
and denied accurate wage statements. [BN]
Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, PC
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Email: HFDalton6912@Gmail.com
BOLL & BRANCH: Griffith TCPA Suit Transferred to C.D. Cal.
----------------------------------------------------------
The case captioned Dena Griffith, on behalf of herself and all
others similarly situated, Plaintiff, v. Boll & Branch, LLC,
Defendant, Case No. 20-cv-01181 (N.D. Cal., February 15, 2020) was
transferred to the U.S. District Court for the Central District of
California on August 18, 2020 under civil case number 20-cv-07345.
Griffith seeks legal and equitable remedies to redress the
transmittal of unsolicited, autodialed text messages to cellular
telephone numbers in violation of the Telephone Consumer Protection
Act.
Boll & Branch operates an e-commerce business at the website
http://www.bollandbranch.com,where it sells bedding products to
consumers. Griffith it claims to have received unsolicited SMS
messages from Boll & Branch with regards to its product offerings.
[BN]
Plaintiff is represented by:
Frank S. Hedin, Esq.
David W. Hall, Esq.
HEDIN HALL LLP
1395 Brickell Avenue, Ste. 1140
Miami, FL 33131
Tel: (305) 357-2107
Fax: (305) 200-8801
Email: fhedin@hedinhall.com
dhall@hedinhall.com
BRONX MEAT: Eberastico Sues Over Unpaid Wages Under FLSA
--------------------------------------------------------
Jose Andres Eberastico, individually and on behalf of others
similarly situated, Plaintiff, v. Bronx Meat & Deli Corp., Ali
Muhammad and Honda Hussein, Defendants, Case No. 20-cv-06690 (S.D.
N.Y., August 20, 2020), seeks to recover unpaid minimum and
overtime wages and spread-of-hours pay pursuant to the Fair Labor
Standards Act of 1938 and New York Labor Law, including applicable
liquidated damages, interest, attorneys' fees and costs.
Defendants own, operate or control a meat deli, located the Bronx,
New York, under the name "Bronx Meat and Deli" where Eberastico was
employed as a cook. He claims to have worked in excess of 40 hours
per week, without appropriate minimum wage, overtime and spread of
hours compensation for the hours that he worked. [BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
BUNN-O-MATIC CORP: Dawson Sues Over Non-Blind Friendly Website
--------------------------------------------------------------
Leshawn Dawson, on behalf of herself and all others similarly
situated, Plaintiffs, v. Bunn-o-Matic Corporation, Defendant, Case
No. 20-cv-06736, (S.D. N.Y., August 21, 2020), seeks preliminary
and permanent injunction, compensatory, statutory and punitive
damages and fines, prejudgment and post-judgment interest, costs
and expenses of this action together with reasonable attorneys' and
expert fees and such other and further relief under the Americans
with Disabilities Act, New York State Human Rights Law and New York
City Human Rights Law.
Bunn-o-Matic Corp. is a coffee product manufacturer and retail
company, which owns and operates the website, www.retail.bunn.com,
that ensures the delivery of such goods throughout the United
States, including New York State. Dawson is legally blind and
claims that said website cannot be accessed by the
visually-impaired. [BN]
Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Fl.
Brooklyn, NY 11201
Tel: (929) 575-4175
Fax: (929) 575-4195
Email: Joseph@cml.legal
CENTRAL MOLONEY: Canada, Smith Sue Under FLSA to Recover OT Pay
----------------------------------------------------------------
Alexis Canada and Indra Smith, individually and on behalf of all
others similarly situated, v. Central Moloney, Inc., Defendant,
Case No. 20-cv-00998, (E.D. Ark., August 20, 2020) seeks
declaratory judgment, monetary damages, prejudgment interest, and
costs, including reasonable attorneys' fees for failure to pay
final paycheck after termination of employment under the Fair Labor
Standards Act and the Arkansas Minimum Wage Act.
Central Moloney manufactures distribution transformers and
transformer components where Canada worked as an hourly-paid
benefits specialist and company nurse from September of 2019 until
July of 2020, while Smith was employed as an hourly-paid production
planner from August of 2016 until the present. They both claim to
have regularly worked in excess of forty hours per week without
overtime pay. [BN]
Plaintiff is represented by:
Josh Sanford, Esq.
April Rheaume, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 S. Shackleford Road, Suite 411
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
Email: josh@sanfordlawfirm.com
april@sanfordlawfirm.com
CF INDUSTRIES: Technicians Seek Pay for Hours Worked Over 40
------------------------------------------------------------
Michael Hoefer and Corey Wortman, individually and on behalf of all
others similarly situated, v. CF Industries Holdings, Inc., and CF
Industries Employee Services, LLC, Defendants, Case No.
20-cv-04971, (N.D. Ill., August 24, 2020) seeks declaratory
judgment, monetary damages, prejudgment interest, and costs,
including reasonable attorneys' fees for failure to pay final
paycheck after termination of employment under the Fair Labor
Standards Act and the Illinois Minimum Wage Law.
CF Industries manufacture and sell nitrogen products for
agricultural and industrial uses where Plaintiffs worked at their
facility in Sergeant Bluff, Iowa. Hoefer and Wortman worked as
hourly-paid maintenance technician and instrumentation technician
respectively. They both claim to have regularly worked in excess of
forty hours per week without overtime pay. [BN]
Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
One Financial Center
650 S. Shackleford Road, Suite 411
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
Email: josh@sanfordlawfirm.com
CHA PA'S NOODLES: Lopez Files Labor Class Action in NY
-------------------------------------------------------
Jose Lopez, individually and on behalf of others similarly
situated, Plaintiff, v. Cha Pa's Noodles and Grill Corp., Michael
Lien, Jenny Lien and Alex Doe, Defendants, Case No. 20-cv-06877
(S.D. N.Y., August 25, 2020), seeks to recover unpaid minimum and
overtime wages and spread-of-hours pay pursuant to the Fair Labor
Standards Act of 1938 and New York Labor Law, including applicable
liquidated damages, interest, attorneys' fees and costs.
Defendants own, operate or control a Vietnamese restaurant in New
York, NY under the name "Cha Pa's Noodles and Grill" where Lopez
was employed as a delivery worker. He claims to have generally
worked in excess of 40 hours a week without overtime pay for hours
in excess of 40 hours per workweek and denied spread-of-hours
premium for workdays exceeding 10 hours. Cha Pa claimed tip credit
for all hours worked despite requiring Lopez to work non-tipped
duties for hours exceeding 20% of the total hours worked each
workweek. He also claims to have never received wage statements.
[BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
CHMURA ECONOMICS: Does not Pay Overtime Premiums, Wilson Suit Says
------------------------------------------------------------------
Thomas Wilson, on behalf of himself, and other similarly situated
employees, Plaintiff, v. Chmura Economics & Analytics, LLC,
Defendant, Case No. 20-cv-01971, (N.D. Ohio., September 2, 2020),
seeks to recover unpaid overtime compensation, liquidated damages,
prejudgment and post-judgment interest and attorneys' fees and
costs, pursuant to the Ohio Minimum Fair Wage Standards Act, the
Ohio Prompt Pay Act and the Fair Labor Standards Act.
Chmura is a software and consulting firm in the field of data
analytics. Wilson worked for Chmura Economics & Analytics as an
Inside Sales Employee. He generally works over 40 hours per week
without the appropriate overtime premium. [BN]
Plaintiff is represented by:
Christine M. Cooper, Esq.
Dianne V. Foley, Esq.
KOEHLER FITZGERALD LLC
1111 Superior Avenue East, Suite 2500
Cleveland, OH 44114
Tel: (219) 539-9376
Fax: (216) 916-4369
Email: ccooper@koehler.law
dfoley@koehler.law
CINCINNATI INSURANCE: Berg Dental Slams Denied Insurance Coverage
-----------------------------------------------------------------
Berg Dental Offices PC, individually and on behalf of all others
similarly situated, Plaintiffs, v. The Cincinnati Insurance
Company, Inc., Defendant, Case No. 20-cv-01261 (W.D. Pa., August
26, 2020), seeks injunctive relief, prejudgment and post-judgment
interest at the maximum rate, attorney's fees and costs and such
other relief for breach of contract.
Berg Dental Offices is a licensed Pennsylvania dentist in
Pittsburgh, Pennsylvania. It purchased an all-risk commercial
property insurance policy from Cincinnati Insurance for protection
in the event of property loss and business interruption. But during
the COVID-19 pandemic, it was denied coverage despite the fact that
the policy does not contain an exclusion for pandemic and/or
virus-related losses. [BN]
Plaintiff is represented by:
Gary F. Lynch, Esq.
Kelly K. Iverson, Esq.
CARLSON LYNCH LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Tel: (412) 322-9243
Fax: (412) 231-0246
Email: glynch@carlsonlynch.com
kiverson@carlsonlynch.com
- and -
Howard M. Louik, Esq.
LOUIK LAW OFFICES
750 Washington Road, Unit 705
Pittsburgh, PA 15228
Tel: (412) 889-7541
Fax: (412) 391-7310
Email: howard@louiklaw.net
CNX MIDSTREAM: Faces Class Action Over CNX Resources Merger Deal
----------------------------------------------------------------
Jack Wolf, individually and on behalf of all others similarly
situated, Plaintiff, v. CNX Midstream Partners LP, Nicholas J.
Deluliis, Raymond T. Betler, Chad A. Griffith, John E. Jackson,
John A. Maher, Donald W. Rush, Hayley F. Scott, CNX Resources
Corporation, CNX Resources Holdings LLC, and CNX Midstream GP LLC,
Defendants, Case No. 20-cv-01173 (D. Del. September 2, 2020), seeks
to enjoin defendants and all persons acting in concert with them
from proceeding with, consummating, or closing the acquisition of
CNX Midstream Partners LP and CNX Midstream GP LLC by CNX Resources
Corporation and CNX Resources Holdings LLC, rescinding it and
setting it aside or awarding rescissory damages in the event
defendants consummate the merger, costs of this action, including
reasonable allowance for attorneys' and experts' fees and such
other and further relief under the Securities Exchange Act of
1934.
Pursuant to the terms of the merger agreement, CNX Midstream's
unitholders will receive 0.88 shares of CNX Resources Corporation
common stock for each common unit of CNX Midstream they own.
According to the complaint, with respect to CNX Midstream Partners'
and to CNX Resources' financial projections, the prospectus fails
to disclose, for each set of projections, all line items used to
calculate Adjusted EBITDA, distributable cash flow and levered free
cash flow, proposed net income and a reconciliation of all non-GAAP
to GAAP metrics. Additionally, the prospectus fails to disclose
projected synergies and omitted material information regarding the
analyses performed by CNX Midstream Partners' financial advisor,
Intrepid Partners, LLC, including discounted cash flow analyses,
unlevered free cash flows, terminal values used in the analyses,
individual inputs and assumptions underlying the weighted average
costs of capital, net debt, value of limited partner interests held
and value of aggregate future International Depository Receipt
elimination payments used in the analyses and the number of common
units outstanding used in the analyses.
CNX Midstream is a master limited partnership that owns, operates,
develops and acquires gathering and other midstream energy assets
to service natural gas production in the Appalachian Basin in
Pennsylvania and West Virginia. Its assets include natural gas
gathering pipelines and compression and dehydration facilities, as
well as condensate gathering, collection, separation and
stabilization facilities.
Wolf owns CNX Resources common units. [BN]
Plaintiff is represented by:
Brian D. Long, Esq.
Gina M. Serra, Esq.
RIGRODSKY & LONG, P.A.
300 Delaware Avenue, Suite 1220
Wilmington, DE 19801
Tel: (302) 295-5310
Facsimile: (302) 654-7530
Email: bdl@rl-legal.com
gms@rl-legal.com
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Dr., Ste. 3112
Berwyn, PA 19312
Tel: (484) 324-6800
Facsimile: (484) 631-1305
Email: rm@maniskas.com
DOORDASH: Lona's Lil Eats Sues Firm For False Advertising
---------------------------------------------------------
lawstreetmedia.com reports that Restaurant Lona's Lil Eats, LLC
filed a class-action complaint in the Northern District of
California against DoorDash for deceptively representing that the
parties had a partnership when they did not. The complaint alleged
that the restaurant was visible on DoorDash, but always listed as
closed or otherwise unavailable; users would purportedly then be
redirected to restaurants that DoorDash does have a partnership
with. The class includes all restaurants and related entities or
individuals in the United States who do not do business with
DoorDash, but still have a page on DoorDash's website or mobile
app.
DoorDash delivers food from restaurants that it has partnered with
via its website and mobile app. After a customer places an order
from a restaurant through DoorDash, a DoorDash delivery worker (a
Dasher) will pick up the order and deliver it to the customer.
According to the plaintiff, DoorDash collects the payment and
DoorDash retains some of the funds for commission and service fees.
Lona's stated that "DoorDash has developed significant market
power," especially in light of the COVID-19 pandemic, to offer
restaurant meals when restaurants were unable to offer dine-in
services. However, Lona's proffered that DoorDash's market power
has put restaurants in a tough spot: "they can become Partner
Restaurants and pay exorbitant fees and commissions to Defendant,
or they decline to do so and risk losing out on sales." Lona's
added that "(t)his already difficult choice is made far more
difficult, however, because DoorDash publishes false and misleading
information about restaurants that are not Partner Restaurants."
Specifically, Lona's Lil Eats claimed that DoorDash "has engaged in
a pattern of behavior whereby customers are deceptively steered
away from restaurants with whom DoorDash does not have a
relationship by DoorDash's practice of affirmatively representing
to consumers that those restaurants are closed, cannot deliver to
them, or are not accepting orders at the time." Thus, according to
the plaintiff, DoorDash has engaged in "unfair, deceptive, and
anticompetitive practice(s)."
Lona's claimed that it is not a Partner Restaurant of DoorDash.
However, "if a consumer were to search for ‘Lona's Lil Eats
delivery' -- as a result of DoorDash's market power and internet
marketing strategies – then one of the first results that comes
up is a link for Plaintiff's restaurant on DoorDash's
website…Clicking through the link will bring a consumer to a page
with DoorDash branding and the complete menu, as if it were
possible to place an order through the site." Furthermore,
DoorDash's site allows a consumer to place an order with the
ability to customize an order, "adding credibility to the idea that
Lona's has partnered with DoorDash and that placing an order is
possible in the abstract." According to the complaint, "(t)he
order, however, cannot be completed, because no matter what the
user's proximity to Lona's may be, the site will say that it is
‘unavailable' on account of being ‘out of the delivery area'
and 'too far.'" The plaintiff used a sample address in the
complaint that was 200 feet away, but the DoorDash site claimed
that it was unavailable because it was too far away. Lona's averred
that the issue is that "Lona's has not agreed to pay DoorDash's
exorbitant fees," not that a location is too far away.
Additionally, Lona's alleged that DoorDash has also represented
that the restaurant is "closed," and that the defendant "takes
advantage of the existing market demand for Lona's and other
restaurants to drive traffic to its site, at which time it will
redirect customers to other Partner Restaurants by suggesting that
Lona's is not an option. However, Lona's claimed that it is open
for curb-side service and, therefore, is an option. Lona's alleged
that DoorDash "is publishing false and deceptive information about
the ability to get food from Lona's as a means of punishing it for
not partnering with it, and/or pressuring it to partner with it,
and to redirect would-be Lona's business to its Partner
Restaurants." Moreover, Lona's alleged that this conduct has become
particularly dangerous and harmful during the COVID-19 pandemic,
when restaurants "are struggling to stay open and have been forced
to radically change their business model to survive, DoorDash is
engaged in predatory, deceptive, and anticompetitive behavior that
takes unfair advantage of their market position."
In sum, the counts against DoorDash are false advertising,
violation of California False Advertising Law, and violation of
California Unfair Competition Law.
In a somewhat similar suit filed in February, DoorDash was sued for
using the menus and logos of restaurants that it did not have a
business relationship with. Moreover, in July, consumers sued
various platforms for supracompetitive pricing.
Lona's Lil Eats has sought an order certifying the putative class
and to appoint the plaintiff and its counsel to represent the
class; declaratory relief; equitable relief, an award for
restitution, disgorgement, and damages; an award for penalties; and
other relief.
Lona's Lil Eats is represented by the Law Office of Francis J.
Flynn, Jr.; Carey, Danis & Lowe; and Chimicles Schwartz Kriner &
Donaldson-Smith LLP. [GN]
DPI INC: Website Not Blind-Friendly, Paguada Suit Says
-------------------------------------------------------
Dilenia Paguada, individually and on behalf of all other similarly
situated visually-impaired individuals, Plaintiff, v. DPI, Inc.,
Defendant, Case No. 20-cv-06373 (S.D. N.Y., August 12, 2020), seeks
preliminary and permanent injunction, compensatory, statutory and
punitive damages and fines, prejudgment and post-judgment interest,
costs and expenses of this action together with reasonable
attorneys' and expert fees and such other and further relief under
the Americans with Disabilities Act, New York State Human Rights
Law and New York City Human Rights Law.
DPI is a speakers and electronics products company that owns and
operates the website, iliveelectronics.com, offering features which
should allow all consumers to access the goods and services which
DPI ensures the delivery of throughout the United States, including
New York State. Plaintiff is legally blind and claims that said
website cannot be accessed by the visually-impaired. [BN]
Plaintiff is represented by:
Mars Khaimov, Esq.
MARS KHAIMOV LAW, PLLC
10826 64th Avenue, Second Floor
Forest Hills, NY 11375
Tel: (929) 324-0717
Email: marskhaimovlaw@gmail.com
EASTMAN KODAK CO: McAdams Hits Share Price Drop
-----------------------------------------------
Jimmie A. McAdams and Judy P. McAdams, individually and on behalf
of all others similarly situated, Plaintiff, v. Eastman Kodak
Company and James V. Continenza, Defendants, Case No. 20-cv-06861
(S.D. N.Y., August 26, 2020), seeks to recover compensable damages
caused by violations of the federal securities laws and to pursue
remedies under the Securities Exchange Act of 1934.
Kodak is a global technology company focused on print and advanced
materials and chemicals, providing hardware, software, consumables
and services primarily to customers in commercial print, packaging,
publishing, manufacturing and entertainment.
On July 28, 2020, Kodak announced that it was selected to receive a
$765 million transformative loan from the U.S. International
Development Finance Corporation under the Defense Production Act to
produce pharmaceutical materials, including ingredients for
COVID-19 drugs. Said loan will accelerate Kodak's time to market by
supporting startup costs needed to repurpose and expand the
company's existing facilities in Rochester, New York and St. Paul,
Minnesota, including by incorporating continuous manufacturing and
advanced technology capabilities. Kodak's shares skyrocketed
reaching an intraday high of $60 per share on July 29, 2020 on
unusually heavy trading volume of over 276 million shares and
closed up $25.26 per share at $33.20 per share, 318% greater than
the closing price of $7.94 per share on July 28, 2020.
Over the weekend of August 1-2, 2020, James V. Continenza, Kodak's
Executive Chairman, had secretly been granted 1.75 million options
on July 27, 2020, just prior to the announcement of the loan. On
this news, Kodak's stock price fell 31.6% to close at $14.94 per
share on August 3, 2020. Continenza allegedly purchased 46,737
shares and board member Philippe Katz purchased 5,000 shares, stock
trades that hint possible violations of insider trading laws. On
August 7, 2020, after the market closed, the $765 million Loan to
Kodak had been put on hold in light of the allegations of
wrongdoing. On August 10, 2020, Kodak's shares closed at $10.73 per
share and continued to decline and declined farther to close at
$9.72 per share on August 12, 2020.
Plaintiffs purchased Kodak securities and lost substantially. [BN]
Plaintiff is represented by:
Frederic S. Fox, Esq.
Donald R. Hall, Esq.
Jeffrey P. Campisi, Esq.
Pamela Mayer, Esq.
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Tel: (212) 687-1980
Fax: (212) 687-7714
Email: ffox@kaplanfox.com
dhall@kaplanfox.com
jcampisi@kaplanfox.com
pmayer@kaplanfox.com
EASTMAN KODAK: Gross Law Firm Announces Class Action
----------------------------------------------------
The securities litigation law firm of The Gross Law Firm issues the
following notice on behalf of shareholders of Eastman Kodak
Company. Shareholders who purchased shares in the company during
the dates listed are encouraged to contact the firm regarding
possible Lead Plaintiff appointment. Appointment as Lead Plaintiff
is not required to partake in any recovery.
Eastman Kodak Company (NYSE:KODK)
Investors Affected : July 27, 2020 - August 11, 2020
A class action has commenced on behalf of certain shareholders in
Eastman Kodak Company. According to a filed complaint, defendants
failed to disclose that the Company had granted its Executive
Chairman, James Continenza, and several other Company insiders
millions of dollars' worth of stock options immediately prior to
the Company publicly disclosing that it had received the $765
million loan, which Defendants knew would cause Kodak's stock to
immediately increase in value once the deal was announced. In
addition, while in possession of this material non-public
information, Continenza and other Company insiders purchased tens
of thousands of the Company's shares immediately prior to the
announcement, again at prices that they knew would increase
exponentially once news of the loan became public.
Shareholders may find more information at
https://securitiesclasslaw.com/securities/eastman-kodak-company-loss-submission-form/?id=9626&from=1
The Gross Law Firm is committed to ensuring that companies adhere
to responsible business practices and engage in good corporate
citizenship. The firm seeks recovery on behalf of investors who
incurred losses when false and/or misleading statements or the
omission of material information by a Company lead to artificial
inflation of the Company's stock. Attorney advertising. Prior
results do not guarantee similar outcomes. [GN]
ENDURANCE DEALER: Farney Sues Over Auto-Dialed Text Messages
------------------------------------------------------------
John Farney and Cassandra Vallianos, individually and on behalf of
all others similarly situated, Plaintiffs, v. Endurance Dealer
Services, LLC and Endurance Warranty Services, LLC, Defendants,
Case No. 20-cv-04753 (N.D. Ill., August 13, 2020), seeks injunctive
relief, statutory damages, treble damages and all other relief for
violation of the Telephone Consumer Protection Act and the Virginia
Telephone Privacy Protection Act.
Endurance sells aftermarket vehicle warranty plans to consumers
throughout the U.S. and works with third-party agents and dealers
who function as affiliates that sell vehicle warranty plans to
consumers. Its marketing plan includes placing calls en masse to
consumers in order to solicit sales.
Farney and Vallianos claim to have received autodialed text
messages from Endurance despite being both registered on the
National Do Not Call registry. [BN]
Plaintiff is represented by:
Juneitha Shambee, Esq.
SHAMBEE LAW OFFICE, LTD
701 Main Street, Suite 201A
Evanston, IL 60202
Tel: (773) 741-3602
Email: juneitha@shambeelaw.com
- and
Rachel Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Tel: (305) 773-6641
Email: kaufman@kaufmanpa.com
ERNIE'S AUTO: Rosario Sues Over Unpaid Wages, Missing Paystubs
--------------------------------------------------------------
Robert Gutierrez Rosario, individually and on behalf of others
similarly situated, Plaintiff, v. Ernie's Auto Detailing Inc.,
Ernesto Decena, Roman Doe, Jerry Doe, Leo Doe, Kelvin Doe and Leo
Doe, Defendants, Case No. 20-cv-03762 (E.D. N.Y., August 18, 2020),
seeks to recover unpaid minimum and overtime wages and redress for
failure to provide itemized wage statements pursuant to the Fair
Labor Standards Act of 1938 and New York Labor Law, including
applicable liquidated damages, interest, attorneys' fees and
costs.
Defendants own, operate, or control a car service company, located
at 404 Clifton Ave, Clifton, NJ 07011, with service centers in New
Rochelle, Goldens Bridge and Brooklyn, New York where Rosario was
employed as an auto detailing worker. He claims to have worked in
excess of 40 hours per week, without appropriate minimum wage,
overtime and spread of hours compensation for the hours that he
worked. [BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
EVERFAST INC: Calcano Suit Says Website Not Blind-accessible
------------------------------------------------------------
Evelina Calcano, individually and on behalf of all other similarly
situated visually-impaired individuals, Plaintiff, v. Everfast,
Inc., Defendant, Case No. 20-cv-06498 (S.D. N.Y., August 15, 2020),
seeks preliminary and permanent injunction, compensatory, statutory
and punitive damages and fines, prejudgment and post-judgment
interest, costs and expenses of this action together with
reasonable attorneys' and expert fees and such other and further
relief under the Americans with Disabilities Act, New York State
Human Rights Law and New York City Human Rights Law.
Everfast operates the Calico online retail store across the United
States. Its website, https://www.calicocorners.com/, provides
consumers with access to household items such as fabrics and trims,
wallpaper, window treatments, shades, furniture, seat cushions and
other products available online for purchase. Calcano is legally
blind and claims that said website cannot be accessed by the
visually-impaired. [BN]
Plaintiff is represented by:
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003-2461
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@gottlieb.legal
danalgottlieb@aol.com
FARMAR LAW GROUP: Segura Files FDCPA Suit in C.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Farmar Law Group, PC.
The case is styled as Mindy Segura, individually and on behalf of
all others similarly situated v. Farmar Law Group, PC, Case No.
2:20-cv-09450-DDP-PD (C.D. Cal., Oct. 15, 2020).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
FarMar Law Group, PC is a Southern California law firm, previously
known as the Law Office of Rory W. Clark.[BN]
The Plaintiff is represented by:
George Thomas Martin, III, Esq.
Nicholas J Bontrager, Esq.
MARTIN AND BONTRAGER, APC
6464 W. Sunset Blvd., Suite 960
Los Angeles, CA 90028
Phone: (323) 940-1700
Fax: (323) 328-8095
Email: tom@mblawapc.com
nick@mblawapc.com
FENNEC PHARMACEUTICALS: Klein Law Reminds of Nov. 2 Deadline
------------------------------------------------------------
The Klein Law Firm announces that a class action complaint has been
filed on behalf of shareholders of Fennec Pharmaceuticals Inc..
There is no cost to participate in the suit. If you suffered a
loss, you have until the lead plaintiff deadline to request that
the court appoint you as lead plaintiff.
Fennec Pharmaceuticals Inc. (NASDAQ:FENC)
Class Period: February 11, 2020 - August 10, 2020
Lead Plaintiff Deadline: November 2, 2020
Fennec Pharmaceuticals Inc. allegedly made materially false and/or
misleading statements and/or failed to disclose that: (1) the
manufacturing facilities for PEDMARK, the Company's sole product
candidate, did not comply with current good manufacturing
practices; (2) as a result, regulatory approval for PEDMARK was
reasonably likely to be delayed; and (3) as a result of the
foregoing, Defendants' positive statements about the Company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis.
Learn about your recoverable losses in FENC:
http://www.kleinstocklaw.com/pslra-1/fennec-pharmaceuticals-inc-loss-submission-form?id=9627&from=1
Your ability to share in any recovery doesn't require that you
serve as a lead plaintiff. If you suffered a loss during the class
period and wish to obtain additional information, please contact J.
Klein, Esq. by telephone at 212-616-4899 or visit the webpages
provided.
J. Klein, Esq. represents investors and participates in securities
litigations involving financial fraud throughout the nation.
Attorney advertising. Prior results do not guarantee similar
outcomes. [GN]
FOUND HEALTH: Holden Alleges Wiretapping of Web Site Visitors
-------------------------------------------------------------
JAMES HOLDEN, individually and on behalf of all others similarly
situated v. FOUND HEALTH, INC. and FULLSTORY, INC., Case No.
2:20-cv-01988-JAM-JDP (E.D. Cal., Oct. 2, 2020) is brought against
the Defendants for wiretapping the electronic communications of
visitors to Defendant Found Health's Web site, Torchrx.com, in
violation of the California Invasion of Privacy Act ("CIPA").
The Plaintiff contends that in May 2020, prior to the filing of the
lawsuit, he visited torchrx.com and signed up for a subscription on
the Web site. Mr. Holden was in Sutter Creek when he visited the
website. During the visit, his keystrokes, mouse clicks, and other
electronic communications -- including the entry of his name,
e-mail, address, payment card information, height, weight, gender,
and other personally identifiable information ("PII") and protected
health information ("PHI") -- were intercepted in real time and
were disclosed to the Defendants FHI and FullStory through the
wiretap.
The Defendants' unlawful conduct violated the CIPA and invaded the
Plaintiff's and class members' privacy rights in violation of the
California Constitution, the suit says.
Found Health, Inc. owns and operates the Web site, which "provides
prescription medication, health coaching, and community to its
members" with a focus on weight loss.
FullStory, Inc. is a marketing software-as-a-service company based
in Atlanta, Georgia.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Joel D. Smith, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-Mail: ltfisher@bursor.com
jsmith@bursor.com
GEORGE MASON UNIVERSITY: Langert Seeks Tuition Fee Refund
---------------------------------------------------------
Haley Langert, individually and on behalf of all those similarly
situated Plaintiff, v. George Mason University and board members
James W. Hazel, Horace Blackman, Simmi Bhuller, Anjan Chimaladinne,
Thomas M. Davis, Juan Carlos Iturregui, Mehmood S. Kazmi, Wendy
Marquez, Ignacia S. Moreno, Carolyn J. Moss, Jon M. Peterson, Nancy
Gibson Prowitt, Paul J. Reagan, Edward H. Rice, Denise Turner Roth
and Bob Witeck, Defendant, Case No. 20-cv-00944 (E.D. Va., August
17, 2020), seeks disgorgement of all amounts wrongfully obtained
for tuition, fees, on-campus housing, and meals, injunctive relief
including enjoining George Mason University from retaining the
pro-rated, unused monies paid for tuition, fees, on-campus housing
and meals, reasonable attorney's fees, costs and expenses,
prejudgment and post-judgment interest on any amounts awarded and
such other and further relief as may be just and proper, refunds of
all tuition fees paid on a pro-rata basis, together with other
damages resulting from breach of contract and unjust enrichment.
George Mason University operates a higher learning campus in
Northern Virginia where Langert is currently enrolled for the
Spring 2020 semester at the University's Fairfax Campus as a
full-time undergraduate student. George Mason decided to close
campus, constructively evict students, and transition all classes
to an online/remote format as a result of the Novel Coronavirus
Disease. Langert claims to be deprived the benefits of in-person
instruction, access to campus facilities, student activities and
other benefits and services in exchange for which they had already
paid fees and tuition. Defendant refused to provide reimbursement
for the tuition, fees and other costs, asserts the complaint. [BN]
Plaintiff is represented by:
Charles L. Williams, Esq.
WILLIAMS & SKILLING, P.C.
7104 Mechanicsville Turnpike, Suite 204
Mechanicsville, VA 23111
Telephone: 804-447-0307, Ext. 305
Facsimile: 804-447-0367
Email: cwilliams@williamsandskilling.com
- and -
Gary F. Lynch, Esq.
Edward W. Ciolko, Esq.
Nicholas A. Colella, Esq.
CARLSON LYNCH, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
Email: glynch@carlsonlynch.com
eciolko@carlsonlynch.com
ncolella@carlsonlynch.com
GOHEALTH INC: Kahn Swick Reminds of Nov. 20 Deadline
----------------------------------------------------
Kahn Swick & Foti, LLC ("KSF") and KSF partner, former Attorney
General of Louisiana, Charles C. Foti, Jr., remind investors that
they have until November 20, 2020 to file lead plaintiff
applications in a securities class action lawsuit against GoHealth,
Inc. (NasdaqGS: GOCO), if they purchased the Company's Class A
common stock issued in connection with its July 2020 initial public
stock offering (the "IPO"). This action is pending in the United
States District Court for the Northern District of Illinois.
What You May Do
If you purchased shares of GoHealth and would like to discuss your
legal rights and how this case might affect you and your right to
recover for your economic loss, you may, without obligation or cost
to you, contact KSF Managing Partner Lewis Kahn toll-free at
1-877-515-1850 or via email (lewis.kahn@ksfcounsel.com), or visit
https://www.ksfcounsel.com/cases/nasdaqgs-goco/ to learn more. If
you wish to serve as a lead plaintiff in this class action, you
must petition the Court by November 20, 2020.
About the Lawsuit
GoHealth and certain of its executives are charged with failing to
disclose material information in its IPO Registration Statement,
violating federal securities laws.
The alleged false and misleading statements and omissions include,
but are not limited to, that: (i) since the first half of 2020, the
Medicare insurance industry was undergoing a period of elevated
churn; (ii) the Company was exposed to a higher risk of customer
churn due to its unique business model and limited carrier base;
(iii) the Company suffered from degradations in customer
persistency and retention as a result of elevated industry churn,
vulnerabilities that arose from the Company's concentrated carrier
business model, and its efforts to expand into new geographies,
develop new carrier partnerships and worsening product mix; (iv)
the Company had entered into materially less favorable revenue
sharing arrangements with its external sales agents; and (v) these
adverse financial and operational trends were internally projected
by GoHealth to continue and worsen following the IPO.
The case is Hudson v. GoHealth, Inc., No. 20-cv-05593.
About Kahn Swick
Kahn Swick & Foti, LLC, whose partners include former Louisiana
Attorney General Charles C. Foti, Jr., is one of the nation's
premier boutique securities litigation law firms. KSF serves a
variety of clients – including public institutional investors,
hedge funds, money managers and retail investors – in seeking to
recover investment losses due to corporate fraud and malfeasance by
publicly traded companies. KSF has offices in New York, California
and Louisiana. [GN]
GOLAR LNG: Faruqi & Faruqi Reminds of Nov. 23 Deadline
------------------------------------------------------
Faruqi & Faruqi, LLP, a leading national securities law firm,
reminds investors in Golar LNG Limited ("Golar" or the "Company")
(NASDAQ:GLNG) of the November 23, 2020 deadline to seek the role of
lead plaintiff in a federal securities class action that has been
filed against the Company.
If you invested in Golar stock or options between April 30, 2020
and September 24, 2020 and would like to discuss your legal rights,
click here: www.faruqilaw.com/GLNG. There is no cost or obligation
to you.
You can also contact us by calling Richard Gonnello toll free at
877-247-4292 or at 212-983-9330 or by sending an e-mail to
rgonnello@faruqilaw.com.
Richard Gonnello, Esq.
Faruqi & Faruqi, LLP
685 Third Avenue, 26th Floor
New York, NY 10017
Telephone: (877) 247-4292 or (212) 983-9330
E-mail: rgonnello@faruqilaw.com
A lawsuit has been filed in the U.S. District Court for the
Southern District of New York on behalf of all those who purchased
Golar securities between April 30, 2020 September 24, 2020 (the
"Class Period"). The case, Zarabi v. Golar LNG Limited, No.
1:20-cv-07926, was filed on September 24, 2020.
As detailed below, the lawsuit focuses on whether the Company and
certain of its executives violated federal securities laws by
making false and/or misleading statements and/or failing to
disclose: 1) that certain employees, including Hygo Energy
Transition Ltd.'s f/k/a Golar Power Limited ("Hygo") CEO, had
bribed third parties, thereby violating anti-bribery policies; (2)
that, as a result, the Company was likely to face regulatory
scrutiny and possible penalties; (3) that, as a result of the
foregoing reputational harm, Hygo's valuation ahead of its IPO
would be significantly impaired; and (4) that, as a result of the
foregoing, Defendants' positive statements about the Company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis.
Specifically, on September 24, 2020, media reported that Hygo's
CEO, Eduardo Navarro Antonello, was involved in a bribery network
in Brazil's Operation Car Wash.
On this news, Golar's share price fell $3.28 per share to close at
$6.86 per share on September 24, 2020—a a drop of approximately
32%.
The court-appointed lead plaintiff is the investor with the largest
financial interest in the relief sought by the class who is
adequate and typical of class members who directs and oversees the
litigation on behalf of the putative class. Any member of the
putative class may move the Court to serve as lead plaintiff
through counsel of their choice, or may choose to do nothing and
remain an absent class member. Your ability to share in any
recovery is not affected by the decision to serve as a lead
plaintiff or not.
Faruqi & Faruqi, LLP also encourages anyone with information
regarding Golar's conduct to contact the firm, including
whistleblowers, former employees, shareholders and others.
Attorney Advertising. The law firm responsible for this
advertisement is Faruqi & Faruqi, LLP (www.faruqilaw.com). Prior
results do not guarantee or predict a similar outcome with respect
to any future matter. We welcome the opportunity to discuss your
particular case. All communications will be treated in a
confidential manner. [GN]
GT PIZZA: Conditional Certification of McGrothers Action Sought
---------------------------------------------------------------
In the class action lawsuit captioned William McGrothers, On behalf
of himself and those similarly situated, v. GT Pizza, Inc., et al.,
Case No. 2:20-cv-04050-ALM-EPD (S.D. Ohio), the Parties ask the
Court for an order:
1. conditionally certifying this case as a collective
action under the Fair Labor Standards Act and authorizing
that the Notice and Consent form approved by the Court be
sent to:
"all current and former delivery drivers employed by the
Defendants within three years preceding the date of the
filing of the Complaint in this action."
2. directing the parties to send the Notice and Consent form
by U.S. Mail to all current and former delivery drivers
employed by Defendants from August 7, 2017 to present,
unless the Notice and Consent form is returned as
undeliverable or a driver requests a second copy;
3. directing the Defendants to deliver within 21 days
following the Court's Order approving the Notice and
Consent form, an Excel spreadsheet listing the names, last
known address, last known email address, date of birth
(for address verification purposes), employee ID number,
dates of employment as a delivery driver, store location,
and store number, for all delivery drivers who worked for
the Defendants from August 7, 2017 to present.
4. directing the Plaintiff's counsel to send the Notice and
Consent form within 21 days after receipt of the
spreadsheet; and
5. scheduling opt-in period of 60 days. Any Consent form
postmarked or received on or before 60 days after notice
was sent shall be considered to have been returned during
the opt-in period. For any delivery driver who received a
second notice.
A copy of the Joint Motion to Approve Notice of Collective Action
dated Oct. 8, 2020 is available from PacerMonitor.com at
https://bit.ly/34PS1wY at no extra charge.[CC]
The Plaintiff is represented by:
Nathan Spencer, Esq.
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
Philip J. Krzeski, 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
akimble@billerkimble.com
nspencer@billerkimble.com
The Defendants are represented by:
Lindsey N. Boyd, Esq
Michael B. Mattingly, Esq.
DINSMORE & SHOHL LLP
255 E. Fifth Street, Suite 1900
Cincinnati, OH 45202
Telephone: 513-832-5450
Facsimile: 513-977-8141
E-mail: michael.mattingly@dinsmore.com
lindseyn.boyd@dinsmore.com
HENNESSY CAPITAL: Monteverde & Associates Probes Firm
-----------------------------------------------------
Juan Monteverde, founder and managing partner at Monteverde &
Associates PC, a national securities firm headquartered at the
Empire State Building in New York City, is investigating Hennessy
Capital Acquisition Corp. IV ("Hennessy" or the "Company") (HCAC)
and its Board of Directors for potential securities laws violations
and/or breaches of fiduciary duties in connection with the Business
Combination Agreement with Canoo Holdings, Ltd. for its electric
vehicle business (the "Business Combination Agreement"). Under the
proposed terms, through a reverse merger HCAC will acquire Canoo
with Canoo surviving as a publicly listed company (CNOO). The pro
forma equity value of the deal is approximately $2.4 billion.
Click here for more information:
https://www.monteverdelaw.com/case/hennessy-capital-acquisition-corp-iv.
It is free and there is no cost or obligation to you.
The investigation focuses on whether Hennessy and/or its Board of
Directors violated federal securities laws and/or breached their
fiduciary duties to the Company's stockholders by 1) failing to
properly value the Business Combination Agreement and 2) failing to
disclose all material information in connection with the Business
Combination Agreement.
About Monteverde & Associates PC
We are a national class action securities litigation law firm that
has recovered millions of dollars and is committed to protecting
shareholders from corporate wrongdoing. Our lawyers have
significant experience litigating Mergers & Acquisitions and
Securities Class Actions. Mr. Monteverde is recognized by Super
Lawyers as a Rising Star in Securities Litigation in 2013,
2017-2019, an award given to less than 2.5% of attorneys in a
particular field. He has also been selected by Martindale-Hubbell
as a 2017-2019 Top Rated Lawyer. Our firm's recent successes
include changing the law in a significant victory that lowered the
standard of liability under Section 14(e) of the Exchange Act in
the Ninth Circuit. Thereafter, our firm successfully preserved this
victory by obtaining dismissal of a writ of certiorari as
improvidently granted at the United States Supreme Court. Emulex
Corp. v. Varjabedian, 139 S. Ct. 1407 (2019). Also, in 2019 we
recovered or secured six cash common funds for shareholders in
mergers & acquisitions class action cases.
If you own common stock in Hennessy Capital Acquisition Corp. IV
and wish to obtain additional information and protect your
investments free of charge, please visit our website or contact
Juan E. Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Juan E. Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4405
New York, NY 10118
United States of America
Tel: (212) 971-1341
E-mail: jmonteverde@monteverdelaw.com
Attorney Advertising. (C) 2020 Monteverde & Associates PC. The law
firm responsible for this advertisement is Monteverde & Associates
PC (www.monteverdelaw.com). Prior results do not guarantee a
similar outcome with respect to any future matter. [GN]
HERNANDEZ TREE CARE: Baires Files Suit Under FLSA Over Unpaid Wages
-------------------------------------------------------------------
Jose Luis Flores Baires, individually and on behalf of others
similarly situated, Plaintiff, v. Hernandez Tree Care Services
Corp. and Santos Hernandez, Defendants, Case No. 20-cv-03846 (E.D.
N.Y., August 21, 2020), seeks to recover unpaid minimum and
overtime wages and spread-of-hours pay pursuant to the Fair Labor
Standards Act of 1938 and New York Labor Law, including applicable
liquidated damages, interest, attorneys' fees and costs.
Defendants own, operate or control a landscaping/construction
company in Brentwood, New York doing business as "Hernandez Tree
Care Services" where Baires was employed as a landscaper and
construction worker. He claims to have generally worked in excess
of 40 hours a week without overtime pay for hours worked in excess
of 40 hours per workweek and denied spread-of-hours premium for
workdays exceeding 10 hours. Hernandez Tree Care Services allegedly
failed to maintain accurate recordkeeping of the hours he worked.
[BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
HUDSON'S BAY: Saleh Alleges Wiretapping of Web Site Visitors
------------------------------------------------------------
BURHAAN SALEH, individually and on behalf of all others similarly
situated v. HUDSON'S BAY COMPANY and FULLSTORY, INC., Case No.
2:20-cv-09095 (C.D. Cal., Oct. 2, 2020) is brought against the
Defendants for wiretapping the electronic communications of
visitors to Hudson Bay Company's Web sites, Saksfifthavenue.com and
Saksoff5th.com, in violation of the California Invasion of Privacy
Act ("CIPA").
The Plaintiff contends that in June 2020, prior to the filing of
the lawsuit, he visited Saksfifthavenue.com and purchased clothes
from the Web site. He was in Glendale when he visited the Web site.
During the visit, his keystrokes, mouse clicks, and other
electronic communications -- including the entry of his name,
e-mail, address, payment card information, and other personally
identifiable information ("PII") -- were intercepted in real time
and were disclosed to the Defendants HBG and FullStory through the
wiretap.
The Defendants' unlawful conduct violated the CIPA and invaded the
Plaintiff's and class members' privacy rights in violation of the
California Constitution, the suit says.
Hudson's Bay Company is a Canadian company with its principal place
of business in Brampton, Ontario. The Company owns and operates
Saks Fifth Avenue, which is a luxury department store in New York,
and Saks Off 5th, and off-price department store chain that is a
spinoff of Saks Fifth Avenue.
FullStory is a marketing software-as-a-service company based in
Atlanta, Georgia.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Joel D. Smith, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-Mail: ltfisher@bursor.com
jsmith@bursor.com
J. SILVA SPRINKLER: Plumbers' Suit Seeks Unpaid Overtime Wages
---------------------------------------------------------------
Jose Delgado and Francesco Bove individually and on behalf of
others similarly situated, Plaintiff, v. J. Silva Sprinkler and
Plumbing of New York Corp. and Gabriel Gonzalez, Defendants, Case
No. 20-cv-03681 (E.D. N.Y., August 13, 2020), seeks to recover
unpaid minimum and overtime wages and redress for failure to
provide itemized wage statements pursuant to the Fair Labor
Standards Act of 1938 and New York Labor Law, including applicable
liquidated damages, interest, attorneys' fees and costs.
Defendants own, operate, or control a plumbing company in Flushing
NY under the name "J. Silva Sprinkler & Plumbing" where Plaintiffs
were employed as plumbers. Both claim to have worked in excess of
40 hours per week, without appropriate minimum wage, overtime and
spread of hours compensation for the hours that they worked. J.
Silva also failed to maintain accurate recordkeeping of the hours
worked and failed to pay them appropriately for any hours worked,
either at the straight rate of pay or for any additional overtime
premium, alleges the complaint. [BN]
Plaintiffs are represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
JAZZ PHARMA: Delayed Entry of Generic Narcolepsy Drug, Hollman Says
-------------------------------------------------------------------
Ruth Hollman, individually and on behalf of others similarly
situated, Plaintiff, v. Jazz Pharmaceuticals PLC, Jazz
Pharmaceuticals, Inc., Jazz Pharmaceuticals Ireland Limited, Hikma
Pharmaceuticals PLC, Eurohealth (U.S.A.), Inc., Hikma
Pharmaceuticals USA, Inc., West-Ward Pharmaceuticals Corp., Roxane
Laboratories, Inc., Amneal Pharmaceuticals LLC, Endo International,
PLC, Endo Pharmaceuticals Inc., Par Pharmaceutical, Inc., Lupin
Ltd., Lupin Pharmaceuticals, Inc., Lupin Inc., Sun Pharmaceutical
Industries Ltd., Sun Pharmaceutical Holdings USA, Inc., Sun
Pharmaceutical Industries, Inc., Ranbaxy Laboratories Ltd., Teva
Pharmaceutical Industries, Ltd., Pharmaceuticals USA, Inc., Watson
Laboratories, Inc., Wockhardt Ltd., Morton Grove Pharmaceuticals
Inc., Wockhardt USA LLC, Mallinckrodt PLC and Mallinckrodt LLC,
Defendant, Case No. 20-cv-06491 (N.D. Cal., September 16, 2020),
seeks redress for violations of various states' antitrust, consumer
protection and unjust enrichment laws concerning the narcolepsy
drug Xyrem (sodium oxybate) and its A-B generic equivalent and
pursuant to Sections 1 and 2 of the Sherman Act and Section 16 of
the Clayton Act.
Jazz is the manufacturer of Xyrem, a narcolepsy drug that accounted
for over a billion dollars annually that accounted for over 70% of
the company's revenue. Jazz allegedly engaged in anticompetitive
schemes to delay generic entry, entered into reverse settlement
agreements with Roxane, Amneal, Lupin, Par, Ranbaxy, Wockhardt,
Watson and Mallinckrodt (generic manufacturers), agreeing to
provide them substantial compensation in exchange for delaying the
entry of the generic sodium oxybate into the market.
Hollman purchased Xyrem for her personal use. She claims that she
could have purchased cheaper bio-similars if it were not for Jazz's
anticompetitive activities. [BN]
Plaintiff is represented by:
Cory G. Lee, Esq.
Robert W. Sink, Esq.
THE LAW OFFICES OF ROBERT W. SINK
1800 JFK Blvd., 14th Fl.
Philadelphia, PA 19103
Tel: (215) 995-1000
Fax: (215) 475-4600
Email: clee@sinklawoffices.com
rsink@sinklawoffices.com
- and -
John Macoretta, Esq.
SPECTOR ROSEMAN & KODROFF PC
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Tel: (215) 496-0300
Email: jmacoretta@srkattorneys.com
JENNY'S MARKETPLACE: Flores Sues for Denied Paystubs, Overtime Pay
------------------------------------------------------------------
Salomon Flores, individually and on behalf of others similarly
situated, Plaintiff, v. Jennifer Alan Ram Ltd., Michael Sims and
Maiz Doe, Defendants, Case No. 20-cv-06420 (S.D. N.Y., August 13,
2020), seeks to recover unpaid minimum and overtime wages and
redress for failure to provide itemized wage statements pursuant to
the Fair Labor Standards Act of 1938 and New York Labor Law,
including applicable liquidated damages, interest, attorneys' fees
and costs.
Defendants own, operate, or control a deli marketplace in New York
under the name "Jenny's Marketplace" where Flores was employed as a
deli worker. Flores claims to have worked in excess of 40 hours per
week, without appropriate minimum wage, overtime and spread of
hours compensation for the hours that they worked. Jenny's
Marketplace also failed to maintain accurate recordkeeping of the
hours worked and failed to pay him appropriately for any hours
worked, either at the straight rate of pay or for any additional
overtime premium, asserts the complaint. [BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
LEGACY PARTNERS: Bursalian Sues Over Illegal SMS Blasts
-------------------------------------------------------
Gayane Bursalian, individually and on behalf of all others
similarly situated, Plaintiffs, v. Legacy Partners Insurance and
Financial Services, Inc., Case No. 20-cv-07773 (C.D. Cal., August
26, 2020), seeks injunctive relief and seeks statutory damages for
violations of the Telephone Consumer Protection Act.
Legacy Partners is an insurance agency. To promote its services, it
engages in aggressive unsolicited SMS blasts. On or about April
2020, it sent telemarketing text messages to Bursalian's cellular
telephone number without his permission. [BN]
Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 400
Miami, FL 33132
Telephone: (305) 479-2299
Facsimile: (786) 623-0915
Email: ashamis@shamisgentile.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, PA
20900 NE 30th Ave, Suite 417
Aventura, FL 33180
Telephone: (305) 975-3320
Email: scott@edelsberglaw.com
LIVE TINTED: Tenzer-Fuchs Says Website Inaccessible to the Blind
----------------------------------------------------------------
Michelle Tenzer-Fuchs, individually and on behalf of all other
similarly situated visually-impaired individuals, Plaintiff, v.
Live Tinted, Inc., Defendant, Case No. 20-cv-03742 (E.D. N.Y.,
August 17, 2020), seeks preliminary and permanent injunction,
compensatory, statutory and punitive damages and fines, prejudgment
and post-judgment interest, costs and expenses of this action
together with reasonable attorneys' and expert fees and such other
and further relief under the Americans with Disabilities Act, New
York State Human Rights Law and New York City Human Rights Law.
Live Tinted is a multicultural beauty product retailer. It owns,
operates, manages and controls www.livetinted.com which allows it
to sell its beauty products on both a national and international
scale. Tenzer-Fuchs is legally blind and claims that said website
cannot be accessed by the visually-impaired. [BN]
Plaintiff is represented by:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Tel: (718) 971-9474
Email: Jonathan@ShalomLawNY.com
LIZHI INC: Pomerantz Law Announces Securities Class Action
----------------------------------------------------------
Pomerantz LLP is investigating claims on behalf of investors of
Lizhi Inc. ("Lizhi" or the "Company") (NASDAQ: LIZI). Such
investors are advised to contact Robert S. Willoughby at
newaction@pomlaw.com or 888-476-6529, ext. 7980.
The investigation concerns whether Lizhi and certain of its
officers and/or directors have engaged in securities fraud or other
unlawful business practices.
On or around January 17, 2020, Lizhi conducted its initial public
offering ("IPO"), issuing 4.1 million American depositary shares
("ADSs") priced at $11.00 per ADS. Since the IPO, Lizhi's ADS
price has fallen precipitously, closing at $2.77 per ADS on
September 22, 2020, representing a decline of 74.82% from the IPO
price.
The Pomerantz Firm, with offices in New York, Chicago, Los Angeles,
and Paris is acknowledged as one of the premier firms in the areas
of corporate, securities, and antitrust class litigation. Founded
by the late Abraham L. Pomerantz, known as the dean of the class
action bar, the Pomerantz Firm pioneered the field of securities
class actions. Today, more than 80 years later, the Pomerantz Firm
continues in the tradition he established, fighting for the rights
of the victims of securities fraud, breaches of fiduciary duty, and
corporate misconduct. The Firm has recovered numerous
multimillion-dollar damages awards on behalf of class members. See
www.pomerantzlaw.com.
Robert S. Willoughby
Pomerantz LLP
Tel No: 888-476-6529 ext. 7980
E-mail: rswilloughby@pomlaw.com [GN]
LM GENERAL: Court Drops Class Status Bid, to Hear Dismissal First
-----------------------------------------------------------------
In the class action lawsuit captioned as LESLIE GLOVER, v. LM
GENERAL INSURANCE COMPANY, Case No. 1:19-cv-21900-CMA (S.D Fla.),
the Hon. Judge Cecilia M. Altonaga entered an order:
1. denying the Plaintiff's Amended Motion for Class
certification without prejudice; and
2. canceling the October 16, 2020 class certification motion
hearing.
Judge Altonaga will consider the Defendant's Motion to Dismiss
first. She held that should the Court deny the Motion to Dismiss,
the Court will reinstate Plaintiff's Motion for Class Certification
and set it for hearing. "As the Court's subject matter
jurisdiction has been put at issue, resolving the merits of the
Plaintiff's Class Certification Motion is premature," she said.
The action came before the Court on Plaintiff, Leslie Glover's
Amended Motion for Class Certification filed on October 16, 2019.
The Court stayed the case pending resolution of an appeal -- that
would potentially address relevant legal issues -- in a separate
action. Subsequently, at the parties' request, the Court reopened
the case and scheduled an October 16, 2020 hearing on the Motion.
On October 14, on the eve of the hearing, LM General Insurance
Company filed a Motion to Dismiss for Lack of Subject Matter
Jurisdiction.
LM General Insurance operates as an insurance company. The Company
provides insurance services for auto, boats, equipment breakdowns,
inland marine, bonds, property, and home.
A copy of the Court's order dated Oct. 15, 2020 is available from
PacerMonitor.com at https://bit.ly/3m3xHPt at no extra charge.[CC]
LOWE'S HOME: Certification of ADEA & Common Law Classes Sought
--------------------------------------------------------------
In the class action lawsuit captioned DIANE BARTHOLOMEW, MICHAEL
SHERRY, on behalf of themselves and all others similarly v. LOWE'S
HOME CENTERS, LLC , subsidiary of LOWE'S COMPANIES, INC. d/b/a
LOWE'S, Case No. 2:19-cv-00695-JLB-MRM (M.D. Fla.), the Plaintiffs
ask the Court for an order:
1. certifying this action to proceed as a collective action
asserting a claim under the Age Discrimination in
Employment Act on behalf of:
"all persons employed by Defendant in an hourly position
that worked for Defendant prior to February 11, 2012 and
received an Allowance or were eligible to receive an
allowance through February 1, 2020, that were born on or
before August 1, 1979."
The Allowance amount was a fixed amount of money,
representing one-half of the employee's Spiff/Commissions
earned from paychecks dated: Jan. 28, 2011 through Jan.
13, 2012. These persons needed to work for Defendant in an
hourly position and needed to have received the Allowance,
at least through the date of the Defendant's decision to
eliminate the Allowance (approximately August 1, 2019)
(the "ADEA Class");
2. certify the following class under Fed.R.Civ.P. Rule
23(b)(2) and/or (3) as follows:
"all persons employed by Defendant in an hourly position
that worked for the Defendant prior to February 11, 2012
and received an Allowance or were eligible to receive an
allowance through February 1, 2020.
The Allowance amount was a fixed amount of money,
representing one-half of the employee's Spiff/Commissions
earned from paychecks dated: Jan. 28, 2011 through Jan.
13, 2012. These persons needed to work for the Defendant
in an hourly position and needed to have received the
Allowance, at least through the date of Defendant’s
decision to eliminate the Allowance (approximately August
1, 2019) (the "Common Law Class"); and
3. directing production of contact information for the
putative classes.
Lowe's Home retails home improvement, building materials, and home
appliances. The Company markets lumber, garden tools and supplies,
home electrical devices, electrical components, ceilings, wall
panels, hardwood flooring, fasteners, fireplaces, and humidifiers.
A copy of the Plaintiffs' court filings dated Oct. 10, 2020 is
available from PacerMonitor.com at https://bit.ly/2SRoldf at no
extra charge.[CC]
The Plaintiffs are represented by:
Michael G. Green II, Esq.
John P. Salas, Esq.
SALAS LAW FIRM, P.A.
8551 West Sunrise Boulevard, Suite 300
Plantation, FL 33322
Telephone: (954) 315-1155
Facsimile: (954) 452 -3311
E-mail: michael@salaslawfirmpa.com
jp@salaslawfirmpa.com
The Defendant is represented by:
Cameron G. Kynes, Esq.
Elena D. Marcuss, Esq.
Bruce M. Steen, Esq.
MCGUIREWOODS LLP
50 North Laura Street, Suite 3300
Jacksonville, FL
E-mail: ckynes@mcguirewoods.com
emarcuss@mcguirewoods.com
bsteen@mcguirewoods.com
MAPLE MEDIA LLC: Jones Claims Website not Deaf-accessible
---------------------------------------------------------
Kahlimah Jones, individually and as the representative of a class
of similarly situated persons, Plaintiff, v. Maple Media, LLC,
Defendant, Case No. 20-cv-03921 (E.D. N.Y., August 25, 2020), seeks
preliminary and permanent injunction, compensatory, statutory and
punitive damages and fines, prejudgment and post-judgment interest,
costs and expenses of this action together with reasonable
attorneys' and expert fees and such other and further relief under
the Americans With Disabilities Act, New York State Human Rights
Law and New York City Human Rights Law.
Maple Media operates as "Player FM," where Jones was interested in
listening to podcasts on the Player FM App and on the Player.fm
website. Jones is hearing-impaired and claims that said
applications do not contain accessibility options for those who are
hard of hearing. [BN]
Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Tel. (917) 373-9128
E-mail: ShakedLawGroup@Gmail.com
MARKEL INSURANCE CO: ADL Fitness Slams Denied Insurance Coverage
----------------------------------------------------------------
ADL Fitness, LLC, individually and on behalf of all others
similarly situated, Plaintiffs, v. Markel Insurance Company,
Defendant, Case No. 20-cv-05908 (N.D. Cal., August 21, 2020), seeks
injunctive relief, prejudgment and post-judgment interest at the
maximum rate, attorney's fees and costs and such other relief from
breach of contract.
ADL Fitness owns and operates an Anytime Fitness franchise located
in Livermore, California. It purchased an all-risk commercial
property insurance policy from Markel for protection in the event
of property loss and business interruption. But during the COVID-19
pandemic, it was denied coverage despite the fact that the policy
does not contain an exclusion for pandemic and/or virus-related
losses. [BN]
Plaintiff is represented by:
Todd M. Schneider, Esq.
Joshua G. Konecky, Esq.
Matthew S. Weiler, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Tel: (415) 421-7100
Fax: (415) 421-7105
Email: tschneider@schneiderwallace.com
jkonekcy@schneiderwallace.com
mweiler@schneiderwallace.com
- and -
Ryan R.C. Hicks, Esq.
Peter B. Schneider, Esq.
Edward R. Batten
SCHNEIDER WALLACE COTTRELL KONECKY LLP
3700 Buffalo Speedway
Houston, TX 77098
Phone: (713) 338-2560
Email: rhicks@schneiderwallace.com
pschneider@schneiderwallace.com
ebatten@schneiderwallace.com
MDLG INC: Brogdon Files Class Suit to Recover Unpaid Overtime Wages
-------------------------------------------------------------------
Richard Brogdon, an individual, on behalf of herself and others
similarly situated, Plaintiff, v. MDLG, Inc., Defendant, Case No.
20-cv-00620, (M.D. Ala., August 26, 2020), seeks unpaid
compensation and benefits, liquidated damages, prejudgment
interest, reasonable attorneys' fees, including costs and expenses
of this action and such other legal and equitable relief under the
Fair Labor Standards Act of 1938.
MDLG operates as Phenix Lumber Company where Brogdon worked as a
boiler operator. Brogdon claims to have worked in excess of 40
hours a week but denied a premium rate for those hours. [BN]
Plaintiff is represented by:
Kennet D. Haynes, Esq.
HAYNES & HAYNES, P.C.
1600 Woodmere Drive
Birmingham, AL 35226
Phone: (205) 879-0377
Email: kdhaynes@haynes-haynes.com
MEDICAL NUTRITION: Faces Ferullo Suit Over Wrongful Termination
---------------------------------------------------------------
DANIELLE FERULLO v. MEDICAL NUTRITION THERAPY ASSOCIATES, LLC; MNT
ASSOCIATES t/a and/or d/b/a MEDICAL NUTRITION THERAPY ASSOCIATES,
LLC; MNT ASSOCIATES; MNT FS PLUS, LLC; MNT FS PLUS, LLC t/a and/or
d/b/a MEDICAL NUTRITION THERAPY ASSOCIATES, LLC and/or MNT
ASSOCIATES; ESTHER GUTMAN, RD Individually; ESTHER GUTMAN, RD t/a
and/or d/b/a MNT ASSOCIATES; ESTHER GUTMAN, RD t/a and/or d/b/a
MEDICAL NUTRITION THERAPY ASSOCIATES, LLC; ESTHER GUTMAN, RD t/a
and/or d/b/a MNT FS PLUS, LLLC and JOHN DOES 1-5 AND 6-10, Case No.
HUD-L-003578-20 (N.J. Super., Hudson Cty., Oct. 2, 2020) is brought
on behalf of the Plaintiff and all other individuals similarly
situated arising from the Defendants' unlawful conduct in violation
of the New Jersey Conscientious Employee Protection Act.
The Plaintiff became employed at the Defendants' Lakewood facility
in February of 2015. Her work for the company was to travel to four
different adult daycare homes owned by a third party.
The Plaintiff alleges that her termination on June 25, 2020 was due
to her engagement in protected activity by objecting to and or
refusing to participate in conduct she reasonably believed to be
illegal and/or in violation of a compelling public policy of the
state of New Jersey and/or of the United States amid COVID-19
pandemic.
The Defendants provide consultant dietitians for long term care
facilities, skilled nursing facilities, rehabilitation centers,
adult medical daycares, and assisted living facilities within the
New Jersey area.[BN]
The Plaintiff is represented by:
Kevin M. Costello, Esq.
COSTELLO & MAINS, LLC
18000 Horizon Way, Suite 800
Mount Laurel, NJ 08054
Telephone: (856) 727-9700
MISSOURI: Voter Groups Slam Remote Voting Practices
---------------------------------------------------
Organization for Black Struggle, the St. Louis A. Philip Randolph
Institute, the Greater Kansas City A. Philip Randolph Institute,
National Council of Jewish Women St. Louis, and Missouri Faith
Voices, Plaintiff, v. John R. Ashcroft, in his official capacity as
the Missouri Secretary of State, Greene County Clerk's Office,
Jackson County Election Board, St. Charles County Election
Authority and St. Louis County Board of Elections, Defendants, Case
No. 20-cv-04184 (W.D. Mo., September 17, 2020), seeks declaratory
and injunctive relief requiring Defendants and their officers and
agents to promptly and fully remedy violations of federal law and
claims under the First and Fourteenth Amendments to the United
States Constitution and the Materiality Provision of the Civil
Rights Act.
Plaintiffs are voter engagement groups that challenge specific
remote voting practices.
Specifically, says the complaint, the state inexplicably allows
"absentee" voters to request their ballots by email or fax and to
return them to their local election office in person, while
requiring "mail-in" voters to request their ballots only by mail or
in person and to return them only by mail. Voters who vote remotely
by mail must undergo a cumbersome and time-consuming process to
receive, cast, and return their ballots, which is not imposed on
voters who vote remotely by absentee ballot. In addition, the state
requires ballots to be rejected for failing to state or check a box
indicating the voter's address of registration is the same as their
mailing address. Missouri law provides no mandatory process to
notify remote voters that the statement on their ballot envelope is
somehow defective and will be rejected, nor an opportunity to cure
any defects prior to rejection. This is done arbitrarily and at
their discretion.[BN]
Plaintiff is represented by:
Naila Awan, Esq.
Kathryn Sadasivan, Esq.
DEMOS
80 Broad Street, Fl. 4
New York, NY 10014
Telephone: (212) 485-6065
Email: nawan@demos.org
kasadasivan@demos.org
- and -
Chiraag Bains, Esq.
DĒMOS
740 6th Street NW, 2nd Floor
Washington, DC 20001
Telephone: (202) 864-2746
Email: cbains@demos.org
- and -
Ezra Rosenberg, Esq.
Ryan Snow, Esq.
LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW
1500 K Street NW, Suite 900
Washington, DC 20005
Tel: (202) 662-8600
Fax: (202) 783-0857
Email: erosenberg@lawyerscommittee.org
rsnow@lawyerscommittee.org
- and -
Anthony Rothert, Esq.
Jessie Steffan, Esq.
Kayla Deloach, Esq.
ACLU OF MISSOURI FOUNDATION
906 Olive Street, Suite 1130
St. Louis, MO 63101
Telephone: (314) 652-3114
Facsimile: (314) 652-3112
Email: arothert@aclu-mo.org
jsteffan@aclu-mo.org
kdeloach@aclu-mo.org
- and -
Denise Lieberman, Esq.
MISSOURI VOTER PROTECTION COALITION
6047 Waterman Blvd.
St. Louis, MO 63112
Telephone: (314) 780-1833
Email: denise@movpc.org
denise@deniselieberman.com
MORGAN STANLEY: Dalton Sues Over Data Breach
--------------------------------------------
Amy Dalton, on behalf of herself and all others similarly situated,
Plaintiff, v. Morgan Stanley Smith Barney, LLC, Defendant, Case No.
20-cv-06468 (S.D. N.Y., August 14, 2020), seeks to recover the
costs incurred as a direct result of a data breach and injunctive
and other equitable relief resulting from negligence, unjust
enrichment and invasion of privacy including reasonable attorneys'
fees and costs of suit.
Morgan Stanley offers financial brokerage services throughout the
United States. When individuals sign up for a Morgan Stanley
account, they are required to provide Morgan Stanley personal data
for themselves and any other individuals associated with the
account. On July 10, 2020, Morgan Stanley began notifying various
state Attorneys General and its customers about multiple data
breaches that occurred as early as 2016. Such data includes account
names and numbers, Social Security number, passport number, contact
information, date of birth, asset value and holdings data.[BN]
Plaintiff is represented by:
Katrina Carroll, Esq.
Kyle A. Shamberg, Esq.
CARLSON LYNCH LLP
111 W. Washington Street, Suite 1240
Chicago, IL 60602
Telephone: (312) 750-1265
Facsimile: (412) 231-0246
Email: kcarroll@carlsonlynch.com
- and -
Jonathan M. Jagher, Esq.
FREED KANNER LONDON & MILLEN LLC
923 Fayette Street
Conshohocken, PA 19428
Tel: (610) 234-6487
Email: jjagher@fklmlaw.com
- and -
William H. London, Esq.
Brian M. Hogan, Esq.
FREED KANNER LONDON & MILLEN LLC
2201 Waukegan Rd, Suite 130
Bannockburn, IL 60015 USA
Phone: (224) 632-4500
Fax: (224) 632-4521
Email: blondon@fklmlaw.com
bhogan@fklmlaw.com
MURDER MYSTERY CO: Theater Staff Seeks to Recover Unpaid Wages
--------------------------------------------------------------
Brandon Price and Megan Onorato, on behalf of themselves and all
similarly situated persons, Plaintiffs v. The Murder Mystery
Company, LLC, Defendant, Case No. No. 20-cv-02474, (D. Colo.,
August 18, 2020) seeks unpaid wages, minimum wages, overtime
compensation, liquidated damages, statutory penalties, injunctive
and declaratory relief, costs and reasonable attorney's fees for
violation of the Fair Labor Standards Act of 1938, the Colorado
Wage Claim Act and the Colorado Minimum Wage of Workers Act.
The Murder Mystery Company is an entertainment company engaged in
the business of presenting theatrical shows at dinner theaters
throughout the United States. Price was employed by the company as
a director/actor from August 2016 to May 13, 2020 while Onorato was
employed as an assistant director/actor from October 2016 to May
13, 2020.
According to the complaint, Murder Mystery Company workers were
required to attend nine hours of training and to perform in one
show without pay at the beginning of their employment. Murder
Mystery also allegedly misclassified its staff as independent
contractors. [BN]
Plaintiff is represented by:
Shelby Woods, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
730 17th Street, Suite 750
Denver, CO 80202
swoods@hkm.com
Tel: (800) 791-1007
- and -
Adam M. Harrison, Esq.
David H. Miller, Esq.
SAWAYA & MILLER LAW FIRM
1600 Ogden Street
Denver, CO 80218
Tel: (720) 527-4369
Email: aharrison@sawayalaw.com
NANO-X IMAGING: Gross Law Firm Announces Class Action
-----------------------------------------------------
The securities litigation law firm of The Gross Law Firm issues the
following notice on behalf of shareholders of Nano-X Imaging Ltd.
Shareholders who purchased shares in the company during the dates
listed are encouraged to contact the firm regarding possible Lead
Plaintiff appointment. Appointment as Lead Plaintiff is not
required to partake in any recovery.
Nano-X Imaging Ltd. (NASDAQ:NNOX)
Investors Affected : August 21, 2020 - September 15, 2020
A class action has commenced on behalf of certain shareholders in
Nano-X Imaging Ltd. The filed complaint alleges that defendants
made materially false and/or misleading statements and/or failed to
disclose that: (1) Nano-X's commercial agreements and its customers
were fabricated; (2) Nano-X's statements regarding its "novel"
Nanox System were misleading as the Company never provided data
comparing its images with images from competitors' machines; (3)
Nano-X's submission to the U.S. Food and Drug Administration
admitted the Nanox System was not original; and (4) as a result,
Defendants' public statements were materially false and/or
misleading at all relevant times.
Shareholders may find more information at
https://securitiesclasslaw.com/securities/nano-x-imaging-ltd-loss-submission-form/?id=9626&from=1
The Gross Law Firm is committed to ensuring that companies adhere
to responsible business practices and engage in good corporate
citizenship. The firm seeks recovery on behalf of investors who
incurred losses when false and/or misleading statements or the
omission of material information by a Company lead to artificial
inflation of the Company's stock. Attorney advertising. Prior
results do not guarantee similar outcomes. [GN]
NCAA: Key Files Suit Over Concussion-related Health Issues
----------------------------------------------------------
Sean Key, individually and on behalf of all others similarly
situated, Plaintiff, v. National Collegiate Athletic Association
(NCAA), Defendants, Case No. 20-cv-02170 (S.D. Ind., August 17,
2020), seeks economic, monetary, actual, consequential,
compensatory, and punitive damages, past, present and future
medical expenses, other out of pocket expenses, lost time and
interest, lost future earnings, litigation and attorney fees,
prejudgment and post-judgment interest, injunctive and/or
declaratory relief and such other and further relief resulting from
negligence, fraudulent concealment, breach of express contract,
breach of implied contract, breach of third-party express contract
and unjust enrichment.
Sean Key played football at Florida State University from 1995 to
2000, as a free safety. He suffered from numerous concussions, as
well as countless sub-concussive hits as part of routine practice
and gameplay. Key now suffers from issues including, but not
limited to, short-term memory loss, loss of impulse control, loss
of inhibition, loss of concentration, depression, suicidal
thoughts, emotional instability, speech and language impariment,
motor impairment and major neurocognitive disorder.
NCAA is an unincorporated association with its principal office
located at 700 West Washington Street, Indianapolis, Indiana 46206.
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. Key alleges NCAA knew
about the debilitating long-term dangers of concussions,
concussion-related injuries and sub-concussive injuries that
resulted from playing college football, but did nothing.[BN]
Plaintiff is represented by:
Jay Edelson, Esq.
Benjamin H. Richman, Esq.
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, IL 60654
Tel: (312) 589-6370
Fax: (312) 589-6378
Email: jedelson@edelson.com
brichman@edelson.com
- and -
Rafey S. Balabanian, Esq.
329 Bryant Street
San Francisco, CA 94107
Tel: (415) 212-9300
Fax: (415) 373-9435
Email: rbalabanian@edelson.com
- and -
Jeff Raizner, Esq.
RAIZNER SLANIA LLP
2402 Dunlavy Street
Houston, TX 77006
Tel: (713) 554-9099
Fax: (713) 554-9098
Email: efile@raiznerlaw.com
NEPTUNE MECHANICAL: Felicier Seeks Overtime, Spread-of-Hours Pay
----------------------------------------------------------------
Ferdinand Felicier, individually and on behalf of others similarly
situated, Plaintiff, v. Neptune Mechanical Inc., Nicholas Notias,
Duke Doe, Ryan Doe, Defendants, Case No. 20-cv-03855 (E.D. N.Y.,
August 21, 2020), seeks to recover unpaid minimum and overtime
wages and spread-of-hours pay pursuant to the Fair Labor Standards
Act of 1938 and New York Labor Law, including applicable liquidated
damages, interest, attorneys' fees and costs.
Defendants own, operate, or control a contracting company in
Flushing, New York doing business as "Neptune Mechanical" where
Felicier was employed as a plumber. He claims to have generally
worked in excess of 40 hours a week without overtime for hours in
excess of 40 hours per workweek and denied spread-of-hours premium
for workdays exceeding 10 hours. [BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
NEUROBRANDS LLC: Class Certification Bid Granted in Part
--------------------------------------------------------
In the class action lawsuit captioned as RENEE YOUNG, et al., v.
NEUROBRANDS, LLC, Case No. 4:18-cv-05907-JSW (N.D. Cal.), the Hon
Judge Jeffrey S. White entered an order granting in part, and
denying in part the plaintiffs' motion for class certification:
1. granting the Plaintiffs' motion to certify a California
class under Fed.R.Civ.P. Rule 23(b)(2) consisting of;
"all California citizens who made retail purchases of one
of the following Products labeled as containing "natural
flavors" and "no artificial colors or flavors" in
California on or after January 1, 2012 and until the Class
is certified, for personal use and not for resale,
excluding the Defendant and the Defendant's officers,
directors, employees, agents and affiliates, and the Court
and its staff:
-- NeuroSONIC Superfruit Infusion
-- NeuroSONIC Orange Passion;
-- NeuroBLISS White Raspberry;
-- NeuroBLISS Citrus Berry;
-- NeuroBLISS Tropical Lychee;
-- NeuroBLISS Watermelon Mini;
-- NeuroPROTEIN Cherry Vanilla;
-- NeuroDAILY Tangerine Citrus; and
-- NeuroGASM Passion Fruit.
2. denying the Plaintiffs' motion to certify a nationwide
class for their common law claims:
"all U.S. citizens who made retail purchases of one of the
following Products labeled as containing "natural flavors"
and "no artificial colors or flavors" in their respective
state of citizenship on or after January 1, 2012 and until
the Class is certified, for personal use and not for
resale, excluding Defendant and Defendant’s officers,
directors, employees, agents and affiliates, and the Court
and its staff:
-- NeuroSONIC Superfruit Infusion
-- NeuroSONIC Orange Passion;
-- NeuroBLISS White Raspberry;
-- NeuroBLISS Citrus Berry;
-- NeuroBLISS Tropical Lychee;
-- NeuroBLISS Watermelon Mini;
-- NeuroPROTEIN Cherry Vanilla;
-- NeuroDAILY Tangerine Citrus; and
-- NeuroGASM Passion Fruit.
3. appointing the Plaintiffs Renee Young and Joycette Goodwin
as class representatives of the California injunctive
relief class;
4. appointing Ronald Marron Firm LLC as counsel for the
class;
5. directing the parties to appear on January 15, 2021 at
11:00 a.m. for a further case management conference; and
6. directing the parties to submit a joint case management
conference statement by no later than January 8, 2021.
The Court said, "The Court must must recognize the importance of
federalism and every state's right to protect its consumers and
promote those businesses within its borders. Here, California has a
significant interest in applying its laws to the transactions that
took place within its borders, and it has an interest in regulating
Neurobrands, which is headquartered in California. However,
California's interest in applying its law to out-of-state residents
who purchased the Products in other states is more attenuated.
California considers the geographic location of the omission or
where the misrepresentation was communicated to the consumer as the
place of the wrong. See McCann, 48 6 Cal. 4th at 94 n.12.
Accordingly, for many consumers in the proposed class the place of
wrong would have occurred in the state where the consumer resides,
not California. These states have a significant interest in
protecting their consumers from in-state injuries caused by an
out-of-state corporation doing business in their state. The Court
concludes that each state would be impaired in its ability to
protect the consumers within its borders if California law were
applied to the common law claims of the nationwide class.
Accordingly, the Court DENIES, IN PART, the Plaintiffs' motion for
class certification and DENIES the motion to certify a nationwide
class for Plaintiffs' common law claims for fraud by omission,
negligent misrepresentation, and breach of express and implied
warranties."
The Defendant Neurobrands markets a variety of beverages including
NeuroSONIC Energy Refreshed superfruit infusion, NeuroBLISS white
raspberry, and NeuroPROTEIN watermelon mint products. The
Plaintiffs allege that the Products' labeling is false and
misleading because the Products are labeled as containing only
"natural flavors" and "no artificial colors and flavors" when they
in fact contain an undisclosed artificial flavoring ingredient,
DL-malic acid, "a 25 synthetic chemical flavoring compound used in
processed food products to make them taste like tangy fresh fruits
-- like blueberries, lemons, mangos, or cherries, and in the
Products Plaintiffs purchased, like the 'superfruit' or
‘watermelon’ flavors advertised."
A copy of the Court's order dated Oct. 15, 2020 is available from
PacerMonitor.com at https://bit.ly/31lS2rt at no extra charge.[CC]
NEXTCURE INC: Bernstein Liebhard Announces Securities Class Action
------------------------------------------------------------------
Bernstein Liebhard, a nationally acclaimed investor rights law
firm, announces that a securities class action has been filed on
behalf of investors that: (i) purchased or acquired the securities
of NextCure, Inc. ("NextCure" or the "Company") (NASDAQ: NXTC)
securities between November 5, 2019 to July 14, 2020; and (ii)
purchased or acquired NextCure common stock pursuant to or
traceable to the Company's REgistration Statement on Form S-1 which
was filed with and declared effective by the SEC on November 12,
and November 14, 2019. The lawsuit filed in the United States
District Court for the Southern District of New York alleges
violations of the Securities Act of 1933 and the Securities
Exchange Act of 1934.
If you purchased NextCure securities, and/or would like to discuss
your legal rights and options please visit
[url="]NXTC+Shareholder+Class+Action+Lawsuit[/url] or contact
Matthew E. Guarnero toll free at (877) 779-1414 or
MGuarnero@bernlieb.com.
Throughout the Class Period, Defendants misled investors regarding
its leading treatment candidate, NC318, which was a first-in-class
immunomedicine targeting a novel immunomodulatory receptor, called
Siglec-15, or S15, particularly in patients with advanced or
metastatic solid tumors.
On July 13, 2020, NextCure made a shocking admission. Specifically,
in a press release entitled, "NextCure provides an Interim update
of the Phase 2 Portion of the NC318 Monotherapy Phase 1/2 Trial and
Announces Departure Chief Medical Officer," NextCure announced that
the Company was no longer planning to "advance the nonsmall cell
lung cancer (NSCLC) and ovarian cancer cohorts in the stage 2
portion of the Simon 2-stage trial," citing "clinical response
data" and "current enrollment criteria." The July 13, 2020
announcement continued, stating, in relevant part, "The analysis of
biomarker data for these cohorts has been delayed and is not yet
complete. The company will evaluate whether to pursue additional
monotherapy studies in NSCLC and ovarian cancer after a review of
that information."
On this news, NextCure's shares, which had closed at $17.88 per
share on July 10, 2020, dropped over 54% the next trading day to
close at $8.15 per share on July 13, 2020 on unusually high trading
volume.
If you wish to serve as lead plaintiff, you must move the Court no
later than November 20, 2020. A lead plaintiff is a representative
party acting on behalf of other class members in directing the
litigation. Your ability to share in any recovery doesn't require
that you serve as lead plaintiff. If you choose to take no action,
you may remain an absent class member.
If you purchased NextCure securities, and/or would like to discuss
your legal rights and options please visit
[url="]https%3A%2F%2Fwww.bernlieb.com%2Fcases%2Fnextcureinc-nxtc-shareholder-class-action-lawsuit-stock-fraud-313%2Fapply%2F[/url]
contact Matthew E. Guarnero toll free at (877) 779-1414 or
MGuarnero@bernlieb.com.
Since 1993, Bernstein Liebhard LLP has recovered over $3.5 billion
for its clients. In addition to representing individual investors,
the Firm has been retained by some of the largest public and
private pension funds in the country to monitor their assets and
pursue litigation on their behalf. As a result of its success
litigating hundreds of lawsuits and class actions, the Firm has
been named to The National Law Journal's "Plaintiffs' Hot List"
thirteen times and listed in The Legal 500 for ten consecutive
years.
ATTORNEY ADVERTISING. © 2020 Bernstein Liebhard LLP. The law firm
responsible for this advertisement is Bernstein Liebhard LLP, 10
East 40th Street, New York, New York 10016, (212) 779-1414. The
lawyer responsible for this advertisement in the State of
Connecticut is Michael S. Bigin. Prior results do not guarantee or
predict a similar outcome with respect to any future matter. [GN]
NOOM INC: Graham Alleges Wiretapping of Web Site Visitors
---------------------------------------------------------
AUDRA GRAHAM and STACY MOISE, individually and on behalf of all
others similarly situated v. NOOM, INC. and FULLSTORY, INC., Case
No. 3:20-cv-06903-LB (N.D. Cal., Oct. 2, 2020) is brought against
the Defendants for wiretapping the electronic communications of
visitors to Defendant Noom's Web site, noom.com, in violation of
the California Invasion of Privacy Act ("CIPA").
The Plaintiffs allege that during their visit to the Web site,
prior to the filing of the lawsuit, the Defendants recorded their
electronic communications in real time, used the intercepted data
to attempt to learn their e-mail, height, weight, age range,
gender, medical conditions, and other personally identifiable
information ("PII") and protected health information ("PHI").
The Defendants' unlawful conduct violated the CIPA and invaded the
Plaintiffs' and class members' privacy rights in violation of the
California Constitution, the suit says.
Noom, Inc. develops mobile applications. The Company offers
applications for weight loss and to maintain an overall healthier
lifestyle, as well as monitor clients' progress and provide expert
advice and analysis. Noom serves customers in the United States.
FullStory, Inc. is a marketing software-as-a-service company based
in Atlanta, Georgia.[BN]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
Joel D. Smith, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-Mail: ltfisher@bursor.com
jsmith@bursor.com
NORTH AMERICAN BANCARD: McGhee Suit Seeks to Certify Rule 23 Class
------------------------------------------------------------------
In the class action lawsuit captioned as GERALD MCGHEE, an
individual, on behalf of himself and all others similarly situated,
v. NORTH AMERICAN BANCARD, Case No. 3:17-cv-00586-AJB-KSC (S.D.
Cal.), the Plaintiff will move the Court on December 17, 2020, for
an order:
1. certifying this case as a class action under Federal Rule
of Civil Procedure 23, on behalf of:
"all persons in California who became PayAnywhere
merchants prior to October 3, 2018 and who paid at least
one inactivity fee";
2. appointing himself Gerald McGhee as the Class
Representative; and
3. appointing law firms of Nicholas & Tomasevic, LLP and
LaGuardia Law, APC as class counsel.
The Plaintiff alleges that he and other PayAnywhere merchants were
fraudulently, unfairly, and unjustly charged $3.99 "inactivity"
fees by the Defendant North American Bancard, LLC.
North American Bancard is a payments technology company that offers
solutions for credit, debit, EBT, check conversion and guarantee,
ecommerce, gift & loyalty cards, and more. Founded in 1992 by
CEO/President Marc Gardner, it is headquartered in Troy, Michigan.
A copy of the Plaintiff's motion for conditional certification
dated Oct. 16, 2020 is available from PacerMonitor.com at
https://bit.ly/3dKdcVd at no extra charge.[CC]
The Plaintiff is represented by:
Craig M. Nicholas, Esq.
Alex Tomasevic, Esq.
Shaun Markley, Esq.
Ethan Litney, Esq.
NICHOLAS & TOMASEVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
Facsimile: (619) 325-0496
E-mail: cnicholas@nicholaslaw.org
atomasevic@nicholaslaw.org
smarkley@nicholaslaw.org
elitney@nicholaslaw.org
- and -
Eric A. LaGuardia, Esq.
LAGUARDIA LAW, APC
402 West Broadway, Suite 800
San Diego, CA 92101
Telephone: (619) 655-4322
Facsimile: (619) 655-4344
E-mail: eal@laguardialaw.com
NORTHSTAR LOCATION: Halperin Files FDCPA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Northstar Location
Services, LLC. The case is styled as Rivka Halperin, on behalf of
herself and all other similarly situated consumers v. Northstar
Location Services, LLC, Case No. 7:20-cv-08610 (S.D.N.Y., Oct. 15,
2020).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Northstar Location Services, LLC, doing business as The Northstar
Companies, provides debt collection services to customers in the
United States, Canada, and internationally.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, P.C.
735 Central Avenue
Woodmere, NY 11598
Phone: (516) 668-6945
Email: fishbeinadamj@gmail.com
ONE ADVANTAGE: Faces Blake Suit in Missouri Over FDCA Violation
---------------------------------------------------------------
A class action lawsuit has been filed against One Advantage LLC, et
al. The case is styled as Crystal Blake, individually and on behalf
of all others similarly situated v. One Advantage LLC and John Does
1 through 25, Case No. 4:20-cv-01418-PLC (E.D. Mo., Oct. 2, 2020).
The nature of the lawsuit is stated as consumer credit filed
pursuant to the Fair Debt Collection Act.
The case is assigned to Magistrate Judge Patricia L. Cohen.
One Advantage LLC is a debt collector specializing in the U.S.
healthcare market.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
RC LAW GROUP PLLC
285 Passaic Street
Hackensack, NJ 07601
Telephone: (201) 282-6500 x101
Facsimile: (201) 282-6501
E-mail: ysaks@steinsakslegal.com
PATTERSON COS: Appeals Ruling in Plymouth Retirement to 8th Cir.
----------------------------------------------------------------
Defendants Patterson Companies, Inc., et al., filed an appeal from
a court ruling entered in the lawsuit entitled Plymouth County
Retirement System, Individually and on Behalf of All Others
Similarly Situated v. Patterson Companies, Inc., Scott P. Anderson
and Ann B. Gugino, Case No. 0:18-CV-00871 (MJD-HB), in the U.S.
District Court for the District of Minnesota.
The question presented is: Whether interlocutory review of the
district court's class certification order is appropriate under
Fed.R.Civ.P. 23(f) to clarify the standard under, and to correct
the court's departure from, the Supreme Court's holding in
Halliburton II (and the Court's decision in Best Buy) that a
plaintiff cannot satisfy Rule 23(b)(3)'s predominance requirement
where:
a. defendants rebut the Basic presumption of class-wide
reliance by showing, through overwhelming (and undisputed)
evidence, that none of the alleged misrepresentations resulted in
any increase in the stock price on any of the alleged
misrepresentation dates; and
b. defendants rebut the Basic presumption of class-wide
reliance by showing, through substantial (and uncontested)
evidence, that subsequent declines in the stock price were not
connected to any disclosure of new facts that revealed or corrected
the falsity of the alleged misrepresentations.
As reported in the Class Action Reporter on Sept. 15, 2020,
Patterson Companies, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission for the quarterly period
ended July 25, 2020, that the company continues to defend a class
action suit captioned as Plymouth County Retirement System v.
Patterson Companies, Inc., Scott P. Anderson and Ann B. Gugino,
Case No. 0:18-CV-00871 MJD/SER.
On March 28, 2018, Plymouth County Retirement System (Plymouth)
filed a federal securities class action complaint against Patterson
Companies, Inc. and its former CEO Scott P. Anderson and former CFO
Ann B. Gugino in the U.S. District Court for the District of
Minnesota in a case captioned Plymouth County Retirement System v.
Patterson Companies, Inc., Scott P. Anderson and Ann B. Gugino,
Case No. 0:18-cv-00871 MJD/SER.
On November 9, 2018, the complaint was amended to add former CEO
James W. Wiltz and former CFO R. Stephen Armstrong as individual
defendants. Under the amended complaint, on behalf of all persons
or entities that purchased or otherwise acquired Patterson's common
stock between June 26, 2013 and February 28, 2018, Plymouth alleges
that Patterson violated federal securities laws by failing to
disclose that Patterson's revenue and earnings were "artificially
inflated by Defendants' illicit, anti-competitive scheme with its
purported competitors, Benco and Schein, to prevent the formation
of buying groups that would allow its customers who were
office-based practitioners to take advantage of pricing
arrangements identical or comparable to those enjoyed by
large-group customers."
In its class action complaint, Plymouth asserts one count against
Patterson for violating Section 10(b) of the Securities Exchange
Act of 1934 and Rule 10b-5 promulgated thereunder and a second,
related count against the individual defendants for violating
Section 20(a) of the Exchange Act. Plymouth seeks compensatory
damages, pre- and post-judgment interest and reasonable attorneys'
fees and experts' witness fees and costs.
On August 30, 2018, Gwinnett County Public Employees Retirement
System and Plymouth County Retirement System, Pembroke Pines
Pension Fund for Firefighters and Police Officers, Central Laborers
Pension Fund were appointed lead plaintiffs.
On January 18, 2019, Patterson and the individual defendants filed
a motion to dismiss the amended complaint. On July 25, 2019, the
U.S. Magistrate Judge issued a report and recommendation that the
motion to dismiss be granted in part and denied in part. The report
and recommendation, among other things, recommends the dismissal of
all claims against individuals defendants Ann B. Gugino, R. Stephen
Armstrong and James W. Wiltz.
On September 10, 2019, the District Court adopted the Magistrate
Judge's report and recommendation.
Patterson said, "While the outcome of litigation is inherently
uncertain, we believe that the class action complaint is without
merit, and we are vigorously defending ourselves in this
litigation. We do not anticipate that this matter will have a
material adverse effect on our financial statements. Patterson has
also received, and responded to, requests under Minnesota Business
Corporation Act Section 302A.461 to inspect corporate books and
records relating to the issues raised in the securities class
action complaint and certain antitrust litigation."
The appellate case is captioned as Plymouth County Retirement
System, Individually and on Behalf of All Others Similarly
Situated, Plaintiffs-Respondents v. Patterson Companies, Inc. and
Scott P. Anderson, Defendants-Petitioners, Case No. 20-8013, in the
United States Court of Appeals for the Eight Circuit.[BN]
Defendants-Petitioners Patterson Companies, Inc. and Scott P.
Anderson are represented by:
Patrick S. Williams, Esq.
Mark G. Schroeder, Esq.
Aaron G. Thomas, Esq.
Jordan L. Weber, Esq.
TAFT STETTINIUS & HOLLISTER LLP
2200 IDS Center 80 South Eighth Street
Minneapolis, MN 55402-2157
Telephone: (612) 977-8400
Facsimile: (612) 977-8650
E-mail: pwilliams@taftlaw.com
mschroeder@taftlaw.com
athomas@taftlaw.com
jweber@taftlaw.com
PHILLIPS & COHEN: Purdy Files Class Suit for Unfair Debt Collection
-------------------------------------------------------------------
Sandra Purdy, individually and on behalf of all others similarly
situated, Plaintiff, v. Phillips & Cohen Associates, Ltd.,
Defendants, Case No. 20-cv-01077, (D. Del., August 18, 2020), seeks
damages and declaratory and injunctive relief under the Fair Credit
Reporting Act.
Defendant is a law firm in Wilmington, Delware who attempted to
collect an alleged debt owed by Purdy to Capital One N.A. via
collection letter. Purdy alleges that Phillips & Cohen confused and
misled her by stating that notification of a dispute must be in
writing and failed to provide her with the statutory information
she was entitled to to dispute a debt orally. [BN]
Plaintiff is represented by:
Antranig Garibian, Esq.
GARIBIAN LAW OFFICES, P.C.
1800 JFK Blvd., Suite 300
Philadelphia PA 19103
Tel: (215) 326-9179
Email: ag@garibianlaw.com
- and -
Ari Marcus, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Tel: (732) 695-3282
Fax: (732) 298-6256
Email: Ari@marcuszelman.com
PINE CLUB: Church Seeks to Certify FLSA Class
---------------------------------------------
In the class action lawsuit captioned TERRI CHURCH, et. al, for
herself and all others similarly situated, v. THE PINE CLUB, LLC,
Case No. 3:20-cv-00135-WHR (S.D. Ohio), the Plaintiff asks the
Court pursuant to Federal Rules of Civil Procedure 26(b), 37(a),
and 83(b) and the Fair Labor Standards Act, for an order:
1. conditionally certifying the proposed FLSA class:
"all individuals currently or formerly employed by the
Defendant in a tipped server position for which a tip
credit was applied at any time between April 9, 2017 and
the date the Court order conditionally certifying the
class";
2. implementing a procedure whereby Court-approved Notice of
the Plaintiff's FLSA claim can be promptly sent to all
potential opt-in plaintiffs; and
3. directing the Defendant to identify potential opt-in
the plaintiffs within 14 days of the entry of the order by
providing a list of individuals who fall within the
Plaintiff's proposed definition. For each individual
identified, Defendant should include the individual's
name, last known address, and email address(es).
Ms. Church began working for the Defendant in a tipped position in
July 2011. She worked as a server. The Defendant advised her that
she would be paid an hourly rate and that she would receive tips.
The Defendant also advised her that she would receive an hourly
rate of $3.50. She was advised this information from the
Defendant's General Manager, Karen Watson. Ms. Watson provided her
no other information about her pay at that time, says the
complaint.
Ms. Church alleges that the Defendant failed to inform her and the
other tipped servers about the defendant taking a tip credit toward
meeting its minimum wage obligations. She worked with 10 tipped
servers during her last three years of employment at the Defendant.
She and the other Tipped Servers openly discussed how the Defendant
paid them an hourly wage that was below the federal minimum wage of
$7.25 per hour and that they received tips from customers.
Founded in 1947, The Pine Club is a steakhouse in Dayton, Ohio.
A copy of the Plaintiff's motion for conditional class
certification dated Oct. 7, 2020 is available from PacerMonitor.com
at https://bit.ly/3nNCIgZ at no extra charge.[CC]
The Plaintiff is represented by:
Bradley L. Gibson, Esq.
Angela J. Gibson, Esq.
GIBSON LAW, LLC
9200 Montgomery, Rd., Suite 11A
Cincinnati, OH 45242
Telephone: 513-834-8254
Facsimile: 513-834-8253
E-mail: brad@gibsonemploymentlaw.com
angela@gibsonemploymentlaw.com
PIZZA TO YOU: Waters Seeks to Certify Delivery Drivers Class
------------------------------------------------------------
In the class action lawsuit captioned Kirk Waters, on behalf of
himself and those similarly situated, v. Pizza to You, L.L.C., et
al., Case No. 3:19-cv-00372-TMR (S.D. Ohio), the Plaintiff asks the
Court for an order pursuant to Rule 23(a) and 23(b)(3) of the
Federal Rules of Civil Procedure:
1. certifying this action as a class action and designating
the Plaintiff as the representative of the following
class:
all non-owner, non-employer delivery drivers who worked at
any of the Jets Pizza locations owned/operated by Pizza to
You, L.L.C., Pizza to You 2, L.L.C., Pizza to You 3,
L.L.C., Pizza to You 4, LLC, Pizza to You 5, LLC, PRM
Management LLC, Peter Marrocco, and/or Rosemary Marrocco
in Ohio at any time from November 22, 2016 to present."
2. appointing Biller & Kimble, LLC as Class Counsel pursuant
to Rule 23(g); and
3. permitting Plaintiff to send notice of this lawsuit to
putative class members pursuant to Rule 23(c)(2).
The Plaintiff Kirk Waters worked for Defendants at one of their
five Jets Pizza locations in the Dayton, Ohio area. He alleges that
the Defendants' Jets stores employ delivery drivers according to
the same basic compensation terms, and that those compensation
terms result in a violation of Ohio wage and hour law and unjustly
enrich Defendants.
A copy of the Plaintiff's Motion for Rule 23 Class Certification
dated Oct. 8, 2020 is available from PacerMonitor.com at
https://bit.ly/2GMQ6kV at no extra charge.[CC]
The Plaintiff is represented by:
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
Nathan B. Spencer, 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
akimble@billerkimble.com
nspencer@billerkimble.com
PRO CUSTOM SOLAR: Tapia Seeks Denied Overtime Pay, Reimbursements
-----------------------------------------------------------------
Miguel Tapia, on behalf of himself and others similarly situated,
Plaintiff, v. Pro Custom Solar LLC, Defendant, Case No. 20-cv-04180
(E.D. N.Y., September 8, 2020), seeks to recover unpaid minimum
wage, unpaid overtime compensation, liquidated damages, prejudgment
interest and attorneys' fees under the Fair Labor Standards Act;
and unpaid spread of hours premium and statutory damages for
failure to provide required wage and hour law notices pursuant to
New York Labor Laws and the New York State Wage Theft Prevention
Act.
Pro Custom Solar operates as "Momentum Solar," providing solar
energy to building owners including in New York State where Tapia
worked as a salesperson. He claims to have worked between 6-7 days
per week, typically from 8am to 10pm without being paid overtime.
He also claims to be denied the mandatory minimum wage, as well as
using his own vehicle to perform official work without being
reimbursed for his vehicle expenses. [BN]
Plaintiffs are represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 3rd Avenue, Suite 1810
New York, NY
Tel: (718) 669-0714
Email: mgangat@gangatllc.com
PROCTER & GAMBLE: Detergent Mislabeled as Plant-based, Says Cole
-----------------------------------------------------------------
Linda Cole, individually and on behalf of all others similarly
situated, Plaintiff, v. The Procter & Gamble Company, Defendant,
Case No. 20-cv-06680 (E.D. N.Y., August 20, 2020), seeks injunctive
relief resulting from negligence, unjust enrichment and breach of
contract and for violation of the Consumer Protection from
Deceptive acts of New York business laws.
Procter & Gamble Company manufactures, distributes, markets, labels
and sells laundry detergent it claims is made from plants and
plant-based ingredients under its Tide Purclean brand. Cole alleges
that said product is actually made from petroleum-based
ingredients. [BN]
Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 409
Great Neck NY 11021-5101
Telephone: (516) 303-0552
Email: spencer@spencersheehan.com
QUTOUTIAO INC: Burnham Hits Share Price Drop
--------------------------------------------
Steven Burnham, individually and on behalf of all others similarly
situated, Plaintiff, v. Qutoutiao Inc., Eric Siliang Tan, Lei Li,
Jingbo Wang, Xiaolu Zhu, Shaoqing Jiang, Jianfei Dong, Oliver
Yucheng Chen, Citigroup Global Markets Inc., Deutsche Bank
Securities Inc., China Merchants Securities (HK) CO., Ltd., UBS
Securities LLC and Keybanc Capital Markets Inc., Defendants, Case
No. 20-cv-06707 (S.D. N.Y., August 20, 2020), seeks to recover
compensable damages caused by violations of the federal securities
laws and to pursue remedies under the Securities Exchange Act of
1934.
Qutoutiao offers a mobile application called "Qutoutiao" that
aggregates articles and short videos from professional media and
freelancers and presents customized feeds to users. On September
14, 2018, Qutoutiao's IPO sold 13.8 million American Depository
Shares (ADS) at a price of $7.00 per share and raised $85.8
million.
Qutoutiao had allegedly overstated its revenues by recording
non-existent advances from advertising customers, allowed ads on
its platform promoting exaggerated or impossible claims from
weight-loss products and its app had been removed from domestic
Android app stores. As a result, Qutoutiao's shares traded as low
as $3.08 per share, a nearly 56% decline from the $7 per share IPO
price.
Burnham purchased Qutoutiao ADSs and lost as a result of federal
securities law violations. [BN]
Plaintiff is represented by:
Gregory B. Linkh, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Ave., Suite 530
New York, NY 10169
Telephone: (212) 682-5340
Facsimile: (212) 884-0988
Email: glinkh@glancylaw.com
- and -
Robert V. Prongay, Esq.
Charles H. Linehan, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
Email: info@glancylaw.com
- and -
Howard G. Smith, Esq.
LAW OFFICES OF HOWARD G. SMITH
3070 Bristol Pike, Suite 112
Bensalem, PA 19020
Telephone: (215) 638-4847
Facsimile: (215) 638-4867
ROI SOLUTIONS: Stenulson Suit Seeks to Recover Unpaid OT Wages
--------------------------------------------------------------
Veronica Stenulson, individually and on behalf of all others
similarly situated, Plaintiff, v. ROI Solutions, LLC, Defendant,
Case No. 20-cv-00614 (D. Utah, September 2, 2020), seeks to recover
compensation, liquidated damages and attorneys' fees and costs
pursuant to the Fair Labor Standards Act of 1938 and the Montana
Wage Payment Act.
ROI provides customer service solutions to its customers worldwide
where Stenulson was employed as a Customer Service Representative
in Billings, Montana from approximately September 2010 to July
2020, answering phone calls made by ROI's customers, answering
customer/client inquiries, fulfilling orders, accepting payments,
selling business products and generally assisting
customers/clients. Stenulson did not receive compensation for all
hours worked or the correct amount of overtime compensation for all
hours worked in excess of forty hours per workweek, notes the
complaint. [BN]
The Plaintiff is represented by:
Andrew W. Stavros, Esq.
Austin B. Egan, Esq.
STAVROS LAW P.C.
8915 South 700 East, Suite 202
Sandy, UT 84070
Tel: (801) 758-7604
Fax: (801) 893-3573
Email: andy@stavroslaw.com
austin@stavroslaw.com
- and -
Clif Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Tel: (361) 452-1279
Fax: (361) 452-1284
Email: clif@a2xlaw.com
austin@a2xlaw.com
SCIENTIFIC GAMES: Rancho's Club Sues Over Automatic Card Shufflers
------------------------------------------------------------------
Rancho's Club Casino, Inc., on behalf of itself and others
similarly situated, Plaintiff, vs. Scientific Games Corporation,
Bally Technologies, Inc., and Bally Gaming, Inc., Defendants, Case
No. 20-cv-05295 (N.D. Ill., September 8, 2020), seeks to recover
damages equal to the difference between the prices they directly
paid for automatic card shufflers and the competitive prices that
would have prevailed in a relevant market; costs of suit, including
reasonable attorneys' fees and expert fees; prejudgment and
post-judgment interest on all sums awarded; and other relief under
the antitrust laws of the United States, particularly Section 2 of
the Sherman Act and Sections 4 and 16 of the Clayton Act.
Rancho's Club Casino operates as Magnolia House Casino in Rancho
Cordova, California. It alleges Scientific Games, Bally
Technologies and Bally Gaming of monopolizing the automatic card
shuffling machines for regulated casinos in the United States.
Scientific Games Corporation acquired Bally Technologies on
November 21, 2014. Bally Gaming, Inc. is or was a subsidiary of
Bally Gaming International, Inc. [BN]
Plaintiff is represented by:
Shannon M. McNulty, Esq.
CLIFFORD LAW OFFICES, P.C.
120 N. LaSalle Street, Suite 3100
Chicago, IL 60602
Tel: (312) 899-9090
(312) 251-1160 (fax)
Email: smm@cliffordlaw.com
- and -
Michael P. Lehmann, Esq.
Bonny Sweeney, Esq.
Christopher L. Lebsock, Esq.
HAUSFELD LLP
600 Montgomery St., Suite 3200
San Francisco, CA 94111
Tel: (415) 633-1908
Fax: (415) 358-4980
Email: mlehmann@hausfeld.com
bsweeny@hausfeld.com
clebsock@hausfeld.com
- and -
Scott Martin, Esq.
Jeanette Bayoumi, Esq.
HAUSFELD LLP
Broad Financial Center
33 Whitehall Street, 14th Floor
New York, NY 10004
Tel: (646) 357-1195
Fax: (212) 202-4322
Email: smartin@hausfeld.com
jbayoumi@hausfeld.com
- and -
Larry D. Lahman, Esq.
Roger L. Ediger, Esq.
MITCHELL DeCLERCK PLLC
202 West Broadway Avenue
Enid, OK 73701
Telephone: (580) 234-5144
Facsimile: (580) 234-8890
Email: larry.lahman@sbcglobal.net
rle@mdpllc.com
SETERUS INC: Lemp Seeks to Certify FDCPA & Rosenthal Act Classes
----------------------------------------------------------------
In the class action lawsuit captioned as MARTIN LEMP, individually
and on behalf of all others similarly situated, v. SETERUS, INC.,
Case No. 2:18-cv-01313-TLN-KJN (E.D. Cal.), the Plaintiff will move
the Court on Nov. 2, 2020 for an order certifying the following
classes:
A. The Nationwide Fair Debt Collection Practices Act (FDCPA)
Class:
The Plaintiff Martin Lemp seeks certification of the
following nationwide class asserting claims under the Fair
Debt Collection Practices Act:
"all individuals in the United States, who, during the
applicable limitations period, paid a convenience fee to
Seterus for paying over the phone or online in connection
with any residential mortgage loan, where the term
“convenience fee” was not specifically enumerated in the
original agreement and where Defendant’s records indicate
that the debt had not been current for 30 or more
consecutive days at the time Defendant began servicing
it."
All employees of the Court and Plaintiff’s counsel are
excluded from this class.
B. The Rosenthal Act Class
The Plaintiff Martin Lemp also seeks certification of the
following statewide class under California’s Rosenthal
Act:
"all individuals in the state of California, who, during
the applicable limitations period, paid a convenience fee
to Seterus for paying over the phone or online in
connection with any residential mortgage loan owned or
serviced by Seterus."
All employees of the Court and Plaintiff’s counsel are
excluded from this subclass."
Seterus is a mortgage company servicing Fannie Mae mortgages that
is owned by IBM.
A copy of the Plaintiff's motion for conditional certification
dated Oct. 15, 2020 is available from PacerMonitor.com at
https://bit.ly/2HaLxRw at no extra charge.[CC]
The Plaintiff is represented by:
Andrew Wheeler-Berliner, Esq.
Dargan M. Ware, Esq.
DAVIS & NORRIS, LLP
2154 Highland Avenue S.
Birmingham, AL 35205
Telephone: 205.765.7324
E-mail: Andrew@davisnorris.com
dware@davisnorris.com
- and -
Robert Salgado, Esq.
DAVIS & NORRIS, LLP
5755 Oberlin Drive, Suite 301
San Diego, CA 92121
Telephone: 858 333 4103
Facsimile: 205 930 9989
E-mail: rsalgado@davisnorris.com
SIZELAND INC: Creasy Slams Misclassification, Claims Overtime Pay
-----------------------------------------------------------------
Audrey Creasy, individually and behalf of others similarly
situated, Plaintiff, v. Sizeland, Inc. and Paul Sizeland, jointly
and severally, Defendants, Case No. 20-cv-00785 (W.D. Mich., August
20, 2020), seeks damages, back pay, restitution, liquidated
damages, declaratory relief, civil penalties, prejudgment interest,
reasonable attorneys' fees and costs and any and all other relief
under the Fair Labor Standards Act.
Sizeland provided retirement benefits advice to customers including
Medicare education, facilitation of Medicare plan selection and
enrollment and keeping customers advised on changes to their
Medicare plan costs or coverage. Creasy worked for Sizeland as a
sales agent. She claims to be misclassified as an independent
contractor, compensated on a commission-only basis and denied
minimum wages and overtime despite working in excess of 40 hours
per work week.[BN]
The Plaintiff is represented by:
Robert Anthony Alvarez, Esq.
Victoria L. Smalley, Esq.
AVANTI LAW GROUP, PLLC
600 28th St. SW
Wyoming, MI 49509
Tel: (616) 257-6807
Email: ralvarez@avantilaw.com
- and -
Jesse L. Young, Esq.
KREIS ENDERLE, P.C.
8225 Moorsbridge, P.O. Box 4010
Kalamazoo, MI 49003-4010
Tel: (269) 324-3000
Email: jyoung@kehb.com
SOUTHWEST CREDIT: Schechter Files FDCPA Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Southwest Credit
Systems, L.P. The case is styled as Chava Schechter, on behalf of
herself and all other similarly situated consumers v. Southwest
Credit Systems, L.P., Case No. 1:20-cv-04955 (E.D.N.Y., Oct. 15,
2020).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Southwest Credit Systems, L.P. was founded in 2003. The Company's
line of business includes collection and adjustment services on
claims and other insurance related issues.[BN]
The Plaintiff is represented by:
Adam Jon Fishbein, Esq.
ADAM J. FISHBEIN, P.C.
735 Central Avenue
Woodmere, NY 11598
Phone: (516) 668-6945
Email: fishbeinadamj@gmail.com
STAAR SURGICAL: Zhang Investor Reminds of Class Action
------------------------------------------------------
Zhang Investor Law announces a class action lawsuit on behalf of
shareholders who bought shares of STAAR Surgical Company (NASDAQ:
STAA) between February 26, 2020 and August 10, 2020, inclusive (the
"Class Period"). The lawsuit seeks to recover investor losses under
the federal securities laws.
To join the class action, go to
http://zhanginvestorlaw.com/join-action-form/?slug=staar-surgical-company&id=2405
or call Sophie Zhang, Esq. toll-free at 800-991-3756 or email
info@zhanginvestorlaw.com for information on the class action.
If you wish to serve as lead plaintiff, you must move the Court
before the OCTOBER 19, 2020 DEADLINE. A lead plaintiff is a
representative party acting on behalf of other class members in
directing the litigation.
According to the lawsuit, defendants throughout the Class Period
made false and/or misleading statements and/or failed to disclose
that: (1) its sales and growth in China; (2) its marketing spend;
(3) its research and development expenses; and (4) as a result of
the foregoing, defendants' public statements were materially false
and misleading at all relevant times. When the true details entered
the market, the lawsuit claims that investors suffered damages.
Lead plaintiff status is not required to seek compensation. You
may retain counsel of your choice. You may remain an absent class
member and take no action at this time.
Zhang Investor Law represents investors worldwide. Attorney
Advertising. Prior results do not guarantee similar outcomes.[GN]
SUBARU OF AMERICA: Subaru Drivers Sue Over Unintended Acceleration
------------------------------------------------------------------
Suzanne Bare and Michael Nickel, on behalf of himself and all
others similarly situated, Plaintiff, v. Subaru of America, Inc.,
Defendants, Case No. 20-cv-01743 (S.D. Cal., September 4, 2020),
seeks to recover compensable damages caused by negligence, unjust
enrichment, breach of implied and express warranty and in violation
of the Magnuson-Moss Warranty Act and the California Unfair
Competition Law, Consumers Legal Remedies Act and Unfair
Competition Law.
The 2015-2019 Subaru Legacy, 2012-2018 Subaru Forester and the
2015-2019 Subaru Outback allegedly experiences sudden unintended
acceleration due to a controller area network software
communication protocol flaw and a faulty brake override system that
does not work as intended.
Suzanne Bare purchased a certified pre-owned 2016 Subaru Legacy in
July 2019. On January 19, 2020, Bare attempted to put said vehicle
into park, the vehicle shot forward, hitting a fence, damaging both
the fence and the vehicle despite applying her foot forcefully to
the brake.
Michael Nickel purchased a used 2014 Subaru Forrester Limited 2.5.
He claims that, while at a stop with his foot on the brake, the car
would suddenly go into gear and lunge forward for a couple of
seconds.
New Jersey-based Subaru of America is engaged in the business of
designing, manufacturing, warranting, marketing, advertising and
selling vehicles under the "Subaru" brand name through a network of
more than 600 dealerships in the United States. [BN]
Plaintiff is represented by:
Gayle M. Blatt, Esq.
CASEY GERRY SCHENK FRANCAVILLA BLATT & & PENFIELD, LLP
110 Laurel Street
San Diego, CA 92101-1486
Telephone: (619) 238-1811
Facsimile: (619) 544-9232
Email: gmb@cglaw.com
- and -
Michael F. Ram, Esq.
Marie N. Appel, Esq.
Jean Martin, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 358-6913
Facsimile: (415) 358-6923
Email: mram@forthepeople.com
mappel@forthepeople.com
jmartin@forthepeople.com
SUTTER HEALTH: Bonicarlo Files ERISA Suit Over Fund Management
--------------------------------------------------------------
Christina Bonicarlo and Nicole Garcia, individually, and on behalf
of a class of similarly situated persons, Plaintiff, v. Sutter
Health, the Sutter Health 403(b) Savings Plan Committee and Does
No. 1-10, Defendant, Case No. 20-at-00877 (E.D. Ca., September 4,
2020) seek equitable and injunctive relief for breach of the
fiduciary duties of prudence and loyalty and for violation the
Employee Retirement Income Security Act of 1974 (ERISA).
Sutter Health is a health services provider, operating a network of
hospitals and health programs throughout Northern California.
Bonicarlo and Garcia are former and current employees of Sutter
Health and are participants in the participant-directed single
employer 403(b) plan, in which participants direct the investment
of their contributions into various investment options offered by
the plan. The plan's Administrative Committee and its members are
appointed by Sutter Health's Chief Executive Officer to administer
the plan on Sutter Health's behalf.
About 67% of the plan's assets were invested in the Active suite,
risky Freedom funds offered by Fidelity Management & Research
Company even though Fidelity offered a substantially less costly
and less risky Freedom Index funds. Defendants allegedly failed to
compare the Active and Index suites and consider their respective
merits and features. [BN]
Plaintiff is represented by:
James C. Shah, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
201 Filbert Street, Suite 201
San Francisco, CA 94133
Telephone: (415) 429-5272
Facsimile: (866) 300-7367
Email: jshah@sfmslaw.com
- and -
James E. Miller, Esq.
Laurie Rubinow, Esq.
SHEPHERD FINKELMAN MILLER & SHAH, LLP
65 Main Street
Chester, CT 06412
Telephone: (860) 526-1100
Facsimile: (866) 300-7367
Email: jmiller@sfmslaw.com
lrubinow@sfmslaw.com
- and -
Kolin C. Tang, Esq.
SHEPHERD FINKELMAN MILLER & SHAH, LLP
1401 Dove Street, Suite 510
Newport Beach, CA 92660
Telephone: (323) 510-4060
Facsimile: (866) 300-7367
Email: ktang@sfmslaw.com
- and -
Alec J. Berin, Esq.
Michael Ols, Esq.
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
1845 Walnut Street, Suite 806
Philadelphia, PA 19103
Telephone: (610) 891-9880
Facsimile: (866) 300-7367
Email: aberin@sfmslaw.com
mols@sfmslaw.com
TAVERNA KYCLADES: Workers' Class Suit Seek Proper Wages
-------------------------------------------------------
Arnulfo Maldonado, Santiago Herrera, Jorge Leyva Cabrera and
Domingo Juarez, individually and on behalf of others similarly
situated, Plaintiff, v. Taverna Kyclades 1st Ave. and Themios
Papadopoulos, Defendants, Case No. 20-cv-06850 (S.D. N.Y., August
25, 2020), seeks to recover unpaid minimum and overtime wages and
spread-of-hours pay pursuant to the Fair Labor Standards Act of
1938 and New York Labor Law, including applicable liquidated
damages, interest, attorneys' fees and costs.
Defendants own, operate, or control a Greek restaurant located in
New York under the name "Taverna Kyclades" where Plaintiffs were
employed as cooks, dishwashers, food preparers and dishwashers.
They claim to have generally worked in excess of 40 hours a week
without overtime for hours in excess of 40 hours per workweek and
denied spread-of-hours premium for workdays exceeding 10 hours.
They also claim to have never received wage statements. [BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.com
THEDACARE INC: Faces Glick Class Suit Over Fund Management
----------------------------------------------------------
Joseph B. Glick, individually and on behalf of all others similarly
situated, Plaintiff, v. Thedacare, Inc., The Board of Directors of
Thedacare, Inc. and John Does 1-30, Defendants, Case No.
20-cv-01236 (E.D. Wisc., August 12, 2020), seeks equitable and
injunctive relief for breach of the fiduciary duties of prudence
and loyalty and for violation the Employee Retirement Income
Security Act of 1974 (ERISA).
ThedaCare is a community health system consisting of seven
hospitals, numerous clinics and related services with approximately
6,800 employees. It is both the Plan sponsor and the Plan
Administrator of the ThedaCare Retirement and 403(b) Savings Plan
of which Glick is a member.
ThedaCare allegedly caused the Plans' participants to pay excessive
recordkeeping expenses and unreasonably maintained investment
advisors and consultants for the Plan despite the known
availability of similar service providers with lower costs and/or
better performance histories. [BN]
Fuentes 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
Phone: (262) 780-1953
Fax: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
psecunda@walcheskeluzi.com
THEMLSONLINE.COM INC: Schultz Files TCPA Suit in W.D. Minnesota
---------------------------------------------------------------
A class action lawsuit has been filed against TheMLSonline.com,
Inc. The case is styled as Kelly Schultz, individually, and on
behalf of all others similarly situated v. TheMLSonline.com, Inc.,
a Missouri company, Case No. 0:20-cv-02167-WMW-HB (D. Minn., Oct.
15, 2020).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act.
TheMLSonline.com is a professional real estate organization whose
purpose is to guide individuals and families through the often
complex processes of buying or selling a home.[BN]
The Plaintiff is represented by:
Ryan D. Peterson, Esq.
PETERSON LEGAL, PLLC
5201 Eden Avenue, Suite 300
Edina, MN 55436
Phone: (612) 367-6568
Email: ryan@peterson.legal
THOMAS CARDELLA: Call Center Agents Demand Pay for Pre-Shift Work
-----------------------------------------------------------------
Megan Enger and Sarah Infante, individually and on behalf of all
others similarly situated, Plaintiff, v. Thomas L. Cardella (TLC) &
Associates, Inc., Defendant, Case No. 20-cv-00078 (N.D. Iowa,
August 12, 2020), seeks to recover compensation, liquidated damages
and attorneys' fees and costs pursuant to the provisions of
Sections 206, 207 and 216(b) of the Fair Labor Standards Act of
1938 and Iowa and Texas common law.
TLC is a global customer engagement and contact center with fifteen
contact centers that provides customer services, technical support
services, and sales and marketing support to its business clients.
Enger and Infante worked for TLC as call center agents at its
Keokuk, Iowa and El Paso, Texas offices respectfully. They claim to
be uncompensated for pre-shift work, usually logging-in to their
computers, reading company emails, opening multiple different
computer programs, logging in to each program and ensuring that
each program is running correctly, all of which can take up to
twenty minutes before they are allowed to clock in on the time
keeping software application and then take their first phone call.
[BN]
The Plaintiff is represented by:
Mark D. Sherinian, Esq.
Melissa C. Hasso, Esq.
Emily E. Wilson, Esq.
SHERINIAN & HASSO LAW FIRM
111 E. Grand Ave., Suite 212
Des Moines, IA 50309
Telephone (515) 224-2079
Facsimile (515) 224-2321
E-mail: sherinianlaw@msn.com
mhasso@sherinianlaw.com
ewilson@sherinianlaw.com
- and -
Clif Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON2X, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Tel: (361) 452-1279
Fax: (361) 452-1284
Email: clif@a2xlaw.com
austin@a2xlaw.com
TIAA BANK: Loan Officers' Labor Suit Seeks Unpaid Overtime Wages
----------------------------------------------------------------
Nicholas DeSimone, Patrick Gardner, Mohammad Hussain, Paul
Malstrom, and all others similarly situated, Plaintiffs, v. TIAA
BANK, FSB, Defendant, Case No. 20-cv-06492, (S.D. N.Y., August 15,
2020), seeks to recover unpaid wages for overtime work for which
they did not receive overtime premium pay, liquidated damages and
reasonable attorneys' fees and costs of this action under the Fair
Labor Standards Act and under New York Wage Laws, New Jersey Wage
Laws, California Wage Laws and Maryland Wage Laws.
TIAA Bank is a federally-chartered bank. Hussain worked for TIAA as
a Retail Loan Officer from March 2013 to November 2018 at TIAA New
York. DeSimone worked for TIAA in Parsipanny, New Jersey as a
Retail Loan Officer from approximately January 2018 to March 2019.
Gardner worked for TIAA in San Francisco and in Oakland, California
as a Retail Loan Officer from July 2013 to November 2018. Malstrom
worked for TIAA in Columbia and Towson, Maryland as a Retail Loan
Officer from December 2017 to October 2018.
Plaintiffs were allegedly denied overtime compensation under TIAA's
company-wide practice of misclassifying Retail Loan Officers, and
others who performed similar functions, regardless of title, as
exempt from overtime compensation. [BN]
The Plaintiffs are represented by:
Carly Jane Skarbnik, Esq.
MEREDITH MALATINO, LLC
411 Hackensack Ave., Ste. 407
Hackensack, NJ 07601
Phone: (201) 518-1914
Email: cmeredith@meredithmalatinolaw.com
- and -
Justin L. Swidler, Esq.
SWARTZ SWIDLER, LLC
1101 Kings Highway N, Ste. 402
Cherry Hill, NJ 08034
Telephone: (856) 685-7420
E-mail: jswidler@swartz-legal.com
TITLEMAX OF CALIFORNIA: Monge Seeks Refund of Excess Charges Paid
-----------------------------------------------------------------
Jose Monge, on behalf of himself and all similarly situated
individuals, Plaintiff, v. Titlemax of California, Inc., and Does 1
to 100, Defendants, Case No. 37-2020-00028732 (Cal. Super., August
17, 2020), seeks restitution, public injunctive relief, attorney
fees and other relief for violation of the Unruh Act and California
Unfair Competition Law.
On December 16, 2019, the Department of Business Oversight (DBO)
finalized a settlement with Titlemax to deliver refunds relating to
the excessive and illegal interest rates and fees after the DBO
found out that Titlemax also routinely included vehicle
registration and lien and handling fees as part of the loan
repayments.
Monge obtained vehicle loans from Titlemax. Monge said the loan was
already paid once the settlement was reached so he had to pay the
onerous finance and other improper charges. [BN]
Plaintiff is represented by:
Adam Rose, Esq.
FRONTIER LAW CENTER
23901 Calabasas Rd., #2074
Calabasas, CA 91302
Telephone: (818) 914-3433
Facsimile: (818) 914-3433
Email: adam@frontierlawcenter.com
TORCH & CROWN: Pollock Suit Seeks to Recover Unpaid Overtime Pay
----------------------------------------------------------------
Reed Pollock, on behalf of himself and all others similarly
situated, Plaintiff, v. Torch & Crown Brewery, Inc. and John
Dantzler, Defendants, Case No. 20-cv-06588, (S.D. N.Y., August 18,
2020), seeks to recover overtime compensation, compensatory
damages, liquidated damages, penalty damages and attorney's fees
brought pursuant to the Fair Labor Standards Act and New York labor
law.
Torch & Crown Brewery is a New York corporation that owns and
operates a beer production facility in the Bronx where Pollock
worked as a brewer from July 4, 2018 to December 18, 2019. He
claims to have worked between 45-65 hours a week without being paid
overtime. [BN]
Plaintiff is represented by:
Adam Braverman, Esq.
450 Seventh Ave. Suite 1308
New York, NY 10123
Tel: (212) 206-8166
Fax: (646) 452-3828
Email: adam@bravermanlawfirm.com
UNITED SPECIALTY: Mair Suit Moved to N.D. California
----------------------------------------------------
The case styled as styled as Marcus Mair, on behalf of himself, and
all others similarly situated v. United Specialty Insurance
Company, Case No. 2:20-cv-00531, was transferred from the U.S.
District Court for the District of Utah, to the U.S. District Court
for the Northern District of California on Oct. 15, 2020.
The District Court Clerk assigned Case No. 4:20-cv-07239-YGR to the
proceeding.
The nature of suit is stated as Insurance.
United Specialty Insurance Company operates as an insurance
company. The Company offers property and casualty insurance
products and solutions, as well as reinsurance and
investments.[BN]
The Plaintiff is represented by:
Robert W. Gibbons, Esq.
GRIDLEY WARD & HAMILTON
635 25th St.
Ogden, UT 84401
Phone: (801) 621-3317
Email: rgibbons@gwhlaw.net
The Defendant is represented by:
Jeffery Scott Williams, Esq.
NELSON CHRISTENSEN HOLLINGWORTH & WILLIAMS
68 S Main St., Ste. 600
Salt Lake City, UT 84101
Phone: (801) 531-8400
Email: jeffw@nchwlaw.com
UNITED SPECIALTY: Tourgee Suit Moved to N.D. California
-------------------------------------------------------
The case styled as Lee Tourgee, on behalf of himself, and all
others similarly situated v. United Specialty Insurance Company,
Case No. 1:20-cv-00902, was transferred from the U.S. District
Court for the Western District of Texas, to the U.S. District Court
for the Northern District of California on Oct. 15, 2020.
The District Court Clerk assigned Case No. 4:20-cv-07236 to the
proceeding.
The nature of suit is stated as Insurance for Insurance Contract.
United Specialty Insurance Company operates as an insurance
company. The Company offers property and casualty insurance
products and solutions, as well as reinsurance and
investments.[BN]
The Plaintiff is represented by:
Riley L. Burnett, Jr., Esq.
Karen Beyea-Schroeder, Esq.
BURNETT LAW FIRM
3737 Buffalo Speedway, Suite 1850
Houston, TX 77098
Phone: (832) 413-4410
Fax: (832) 900-2120
Email: karen.schroeder@rburnettlaw.com
The Defendant is represented by:
Paul T. Harle, Esq.
DUANA MORRIS
900 S. Capital of Texas Hwy. Suite 300
Austin, TX 78746
Phone: (512) 277-2300
Email: ptharle@duanemorris.com
UNITEDHEALTH GROUP: Olukayode Seeks to Certify Maryland Class
-------------------------------------------------------------
In the class action lawsuit captioned as OLURO OLUKAYODE,
individually and on behalf of all others similarly situated, v.
UNITEDHEALTH GROUP, OPTUM, INC. And THE ADVISORY BOARD COMPANY,
Case No. 0:19-cv-01101-DSD-HB (D. Minn.), the Plaintiff asks the
Court for an order granting his motion for class certification of a
Maryland class pursuant to Rule 23 of the Federal Rules of Civil
Procedure, on behalf of:
"all individuals who worked for the Defendants providing
training and support to Defendants' clients in connection
with the implementation of electronic recordkeeping systems
in Maryland from April 23, 2016 to the present and were
classified as independent contractors."
UnitedHealth is an American for-profit managed health care company
based in Minnetonka, Minnesota. It offers health care products and
insurance services. Optum, a part of UnitedHealth Group, is a
pharmacy benefit manager and care services group. The Advisory
Board Company was a firm that used a combination of research,
technology, and consulting to improve the performance of health
care organizations.
A copy of the Plaintiff's motion for conditional certification
dated Oct. 16, 2020 is available from PacerMonitor.com at
https://bit.ly/3j9F8Tu at no extra charge.[CC]
Attorneys for the Plaintiff and the Proposed Classes are:
Olena Savytska, Esq.
Harold Lichten, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston St., Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: hlichten@llrlaw.com
osavytska@llrlaw.com
- and -
Adam Hansen, Esq.
APOLLO LAW, LLC
333 Washington Ave N Suite 300
Minneapolis, MN 55401
E-mail: adam@apollo-law.com
- and -
David M. Blanchard, Esq.
BLANCHARD & WALKER, PLLC
221 N. Main Street, Suite 300
Ann Arbor, MI 48104
Telephone: (734) 929-4313
E-mail: blanchard@bwlawonline.com
UNIVERSITY OF ARKANSAS: Corbitt Slams Illegal Pay Parking Scheme
----------------------------------------------------------------
Elizabeth Ann Corbitt, individually and on behalf of all other
persons similarly situated, Plaintiff, v. Board of Trustees of the
University of Arkansas System, John Goodson, Ted Dickey, C.C.
"Cliff' Gibson, III, Morril Harriman, Esq. and Kelly Eicher,
Sheffield Nelson, Defendants, Case No. 20-cv-01070 (E.D. Ark.,
September 4, 2020), seeks a refund of all monies lost and any other
monies paid under the illegal acts of the University of Arkansas
Parking Ticket Regime pursuant to the Arkansas Constitution;
nominal and compensatory damages; attorney's fees and cost of
litigation; and all other further relief under the Arkansas Civil
Rights Act and Arkansas Unfair Practices Act.
Corbitt is a freshman student at the University of Arkansas. She
accused the University of Illegally towing her car from a valid
parking space that she paid for. Corbitt was fined $100 and that
ticket amount was placed on her student account. The University
made no attempt to properly inform Corbitt before towing her car.
She claims that the University of Arkansas Parking Ticket Regime
prohibits students from registering for next semester's classes
until all tickets are paid by placing a hold on their student
account.[BN]
Plaintiff is represented by:
Chris P. Corbitt, Esq.
CORBITT LAW FIRM, PLLC
PO Box 4368
Little Rock, AR 72214
Telephone (501) 907-2727
Fax (888) 838-9096
Website: www.corbittlawfirm.com
Email: chris@corbittlawfirm.com
US POSTAL SERVICE: Voters File Suit to Ensure Adequate Funding
--------------------------------------------------------------
Mondaire Jones, Alessandra Biaggi, Chris Burdick, Stephanie Keegan,
Seth Rosen, Shannon Spencer, Kathy Rothschild, Diana M. Woody,
Perry Sainati, Robert Golub, Mary Winton Green, Marsie Wallach,
Matthew Wallach, Mac Wallach, Carol Sussman and Rebecca Rieckhoff,
individually, and on behalf of all others similarly situated,
Plaintiffs, v. United States Postal Service (USPS), Louis DeJoy, as
Postmaster General of the United States Postal Service, and Donald
J. Trump, as President of the United States, Defendants, Case No.
20-cv-06516 (S.D. N.Y., August 17, 2020), seeks an injunction
requiring Defendants to take all steps necessary and sufficient to
ensure that the USPS is adequately funded. The complaint also
seeks attorneys' fees, costs and litigation expenses and any other
and further relief pursuant to the First Amendment Right to Vote.
The United States Postal Service (USPS) is an independent
establishment of the executive branch of the United States
Government and is charged with the obligation of providing postal
services to the citizens of the United States and as part of its
operations maintains postal service facilities throughout the
United States. Louis DeJoy is the Postmaster General of the USPS.
President Donald J. Trump, through his newly-appointed Postmaster
General DeJoy, is alleged of holding up necessary funding for the
Post Office in the midst of the expected surge in mail-in-ballots
brought about by COVID-19.[BN]
Plaintiff is represented by:
J. Remy Green, Esq.
Elena L. Cohen, Esq.
Jessica Massimi, Esq.
Jonathan Wallace, Esq.
COHEN & GREEN P.L.L.C.
1639 Centre Street, Suite 216
Ridgewood, NY 11385
Tel: (929) 888-9480
Fax: (929) 888-9457
Email: remy@femmelaw.com
- and -
Ali Najmi, Esq.
LAW OFFICE OF ALI NAJMI
261 Madison Avenue, 12th Floor
New York, NY 10016
Tel: (212) 401-6222
Fax: (888) 370-2397
Email: ali@najmilaw.com
VANDER FINANCIAL: Chatman Sues Over Consumer Debt Collection
------------------------------------------------------------
JASMINE CHATMAN, individually and on behalf of all other similarly
situated v. VANDER FINANCIAL, LLC., Case No. 1:20-cv-05894 (N.D.
Ill., Oct. 2, 2020) arises from the Defendant's use of unfair
practice to collect or attempt to collect a consumer debt, in
violation of the Fair Debt Collection Practices Act.
According to the complaint, the Defendant attempted to collect from
the Plaintiff a delinquent consumer debt allegedly owed for a Hills
Healthcare Center consumer account. Due to her financial
circumstances, the Plaintiff could not pay any debts, and the
alleged medical debt went into default. On or about February 10,
2020, the Defendant mailed the Plaintiff a collection letter
conveying various information regarding the alleged debt directly
to the Plaintiff, including the amount owed, the identity of the
original creditor, and an account number.
The Plaintiff was dismayed when she saw the "Do Not
Disregard--Confidential and Urgent" language as it is similar to
language many debt collectors put on collection letters. She
suffered a "concrete information injury" as the Defendant sent her
a collection letter in an envelope that contained language other
than its address, in violation of the FDCPA.
Vander Financial LLC is a debt collection agency in DeKalb,
Illinois.[BN]
The Plaintiff is represented by:
Michael Wood, Esq.
COMMUNITY LAWYERS LLC
20 N. Clark Street, Suite 3100
Chicago, IL 60602
Telephone: (312) 757-1880
Facsimile: (312) 265-3227
E-mail: mwood@communitylawyersgroup.com
VARSITY BRANDS: Cheerleading Gyms Slam Competition Monopoly
-----------------------------------------------------------
Fusion Elite All Stars, Spirit Factor LLC and Stars and Stripes
Gymnastics Academy Inc., individually and on behalf of all others
similarly situated, Plaintiffs, v. Varsity Brands, LLC, Varsity
Spirit, LLC, Varsity Spirit Fashion & Supplies, LLC, and U.S. All
Star Federation, Inc., Defendants, Case No. 20-cv-02600 (W.D.
Tenn., August 13, 2020), seeks damages, injunctive relief, and any
and all other relief that is available pursuant to federal
antitrust laws.
Fusion Elite All Stars, Spirit Factor LLC and Stars and Stripes
Gymnastics Academy Inc. are gyms sponsoring cheerleading teams.
They claim that they have paid artificially-inflated prices
directly to Varsity for apparel and/or the opportunity to
participate in cheerleading competitions.
Varsity is allegedly involved in acquisitions that allowed it to
dominate the All-Star Cheerleading Competition Market, acquiring
competition rivals allowing it to acquire, maintain and enhance
control over all three national championships, namely the
Cheerleading World Championships, The Summit and the U.S.
Finals.0020[BN]
Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Benjamin A. Gastel, Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
223 Rosa Parks Ave. Suite 200
Nashville, TN 37203
Tel: (615) 254-8801
Email: gerards@bsjfirm.com
beng@bsjfirm.com
- and -
H. Laddie Montague, Jr., Esq.
Eric L. Cramer, Esq.
Mark R. Suter, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19106
Tel: (215) 875-3000
Email: hlmontague@bm.net
ecramer@bm.net
msuter@bm.net
- and -
Jonathan W. Cuneo, Esq.
Katherine Van Dyck, Esq.
Victoria Sims, Esq.
CUNEO GILBERT & LADUCA LLP
4725 Wisconsin Avenue NW, Suite 200
Washington, DC 20016
Tel: (202) 789-3960
Email: jonc@cuneolaw.com
kvandyc@cuneolaw.com
vicky@cuneolaw.com
- and -
Benjamin D. Elga, Esq.
JUSTICE CATALYST LAW, INC.
81 Prospect Street
Brooklyn, NY 11201
Tel: (518) 732-6703
Email: belga@justicecatalyst.org
- and -
Brian Shearer, Esq.
Craig L. Briskin, Esq.
JUSTICE CATALYST LAW, INC.
718 7th Street NW
Washington, DC 20001
Tel: (518) 732-6703
Email: brianshearer@justicecatalyst.org
cbriskin@justicecatalyst.org
- and -
Roberta D. Liebenberg, Esq.
Jeffrey S. Istvan, Esq.
Mary L. Russell, Esq.
FINE KAPLAN AND BLACK, R.P.C
One South Broad St., 23rd Floor
Philadelphia, PA 19107
Tel: (215) 567-6565
Email: rliebenberg@finekaplan.com
jistvan@finekaplan.com
mrussell@finekaplan.com
VECTOIQ ACQUISITION: Klein Law Firm Reminds of Nov. 16 Deadline
---------------------------------------------------------------
The Klein Law Firm announces that a class action complaint has been
filed on behalf of shareholders of Nikola Corporation, f/k/a
VectoIQ Acquisition Corp. (NASDAQ: NKLA) alleging that the Company
violated federal securities laws.
Class Period: March 3, 2020 and September 15, 2020
Lead Plaintiff Deadline: November 16, 2020
Learn more about your recoverable losses in NKLA:
http://www.kleinstocklaw.com/pslra-1/nikola-corporation-f-k-a-vectoiq-acquisition-corp-loss-submission-form?id=9629&from=5
The filed complaint alleges that Nikola Corporation, f/k/a VectoIQ
Acquisition Corp. made materially false and/or misleading
statements and/or failed to disclose that: (1) VectoIQ did not
engage in proper due diligence regarding its merger with Nikola;
(2) Nikola overstated its "in-house" design, manufacturing, and
testing capabilities; (3) Nikola overstated its hydrogen production
capabilities; (4) as a result, Nikola overstated its ability to
lower the cost of hydrogen fuel; (5) Nikola founder and Executive
Chairman, Trevor Milton, tweeted a misleading "test" video of the
Company's Nikola Two truck; (6) the work experience and background
of key Nikola employees, including Mr. Milton, had been overstated
and obfuscated; (7) Nikola did not have five Tre trucks completed;
and (8) as a result, defendants' public statements were materially
false and/or misleading at all relevant times.
Shareholders have until November 16, 2020 to petition the court for
lead plaintiff status. Your ability to share in any recovery
doesn't require that you serve as a lead plaintiff.
For additional information about the NKLA lawsuit, please contact
J. Klein, Esq. by telephone at 212-616-4899 or click the link
above.
J. Klein, Esq. represents investors and participates in securities
litigations involving financial fraud throughout the nation.
Attorney advertising. Prior results do not guarantee similar
outcomes. [GN]
VELOCITY FINANCIAL: Gross Law Announces Class Action
----------------------------------------------------
The securities litigation law firm of The Gross Law Firm issues the
following notice on behalf of shareholders of Velocity Financial,
Inc. Shareholders who purchased shares in the company during the
date listed are encouraged to contact the firm regarding possible
Lead Plaintiff appointment. Appointment as Lead Plaintiff is not
required to partake in any recovery.
Velocity Financial, Inc. (NYSE:VEL)
This lawsuit is on behalf of investors who purchased VEL stocks
pursuant and/or traceable to the Registration Statement and
Prospectus, as amended, issued in connection with Velocity's
January 2020 initial public offering.
A class action has commenced on behalf of certain shareholders in
Velocity Financial, Inc. According to the filed complaint,
defendants failed to disclose that, at the time of Velocity's
initial public offering (the "IPO"), the Company's non-performing
loans had dramatically increased in size from the figures provided
in the Registration Statement and Prospectus that Velocity had
issued in connection with the IPO. Further, defendants failed to
provide any information to investors regarding the potential impact
of the novel coronavirus on Velocity's business and operations,
despite the fact that the international spread of the virus had
already been confirmed at the time of the IPO. The failure to
disclose the substantial and growing proportion of the Company's
loans that were non-performing and/or on non-accrual status as of
the IPO rendered the statements contained in the Registration
Statement and Prospectus regarding the quality of the Company's
loan portfolio and underwriting practices materially misleading.
Shareholders may find more information at
https://securitiesclasslaw.com/securities/velocity-financial-inc-loss-submission-form/?id=9626&from=1
The Gross Law Firm is committed to ensuring that companies adhere
to responsible business practices and engage in good corporate
citizenship. The firm seeks recovery on behalf of investors who
incurred losses when false and/or misleading statements or the
omission of material information by a Company lead to artificial
inflation of the Company's stock. Attorney advertising. Prior
results do not guarantee similar outcomes. [GN]
W.L. YORK INC: Dancers Sue Over Illegal Tip Pool
------------------------------------------------
Ashley Cudnik and Stacey J. Savoie, individually and on behalf of
all others similarly situated, Plaintiff, v. W.L. York, Inc., Ali
Davari and Hassan Davari, Defendants, Case No. 20-cv-02998, (S.D.
Tex., August 26, 2020) seeks damages for violations of the
mandatory minimum wage and overtime provisions of the Fair Labor
Standards Act and illegally withholding tips.
W.L. York, Inc. operates as "The Cover Girls," an adult-oriented
entertainment facility owned by Ali Davari and Hassan Davari
located at West Little York Road, Houston, Texas where Cudnik and
Savoie worked as exotic dancers. They were compensated exclusively
through tips from customers and did not receive payment for any
hours worked at their establishment. However, they was required to
share tips with other non-service employees who do not customarily
receive tips, including the managers, disc jockeys, and the
bouncers. [BN]
The Plaintiff is represented by:
Jarrett L. Ellzey, Esq.
W. Craft Hughes, Esq.
Leigh S. Montgomery, Esq.
HUGHES ELLZEY, LLP
1105 Milford Street
Houston, TX 77006
Telephone: (713) 554-2377
Fax: (888) 995-3335
Email: jarrett@hughesellzey.com
craft@hughesellzey.com
leigh@hughesellzey.com
WELLS FARGO: Class Status Sought in Purple Mountain Trust Case
--------------------------------------------------------------
In the class action lawsuit captioned as PURPLE MOUNTAIN TRUST,
Individually and on Behalf of All Others Similarly Situated, v.
WELLS FARGO & COMPANY, et al., Case No. 3:18-cv-03948-JD (N.D.
Cal.), the Plaintiff asks the Court for an order:
1. certifying this action as a class action on behalf of a
class consisting of:
"all persons and entities who purchased or otherwise
acquired the common stock of Wells Fargo during the period
from November 3, 2016 through August 3, 0017, inclusive
(the Class Period), and were damaged thereby."
Excluded from the Class are the Defendants, present or
former executive officers of Wells Fargo and their
immediate family members.
2. appointing Lead Plaintiff Southern California Laborers as
class representative; and
3. appointing Robbins Geller as class counsel.
The Plaintiff alleges the Defendants Sloan and Wells Fargo made
material misstatements and omissions during the Class Period,
misrepresenting and/or failing to disclose the Company’s illegal
auto insurance practices regarding collateral protection insurance
and guaranteed asset protection.
The Lead Plaintiff Southern California Laborers is a multi-employer
pension plan with approx. 31,000 participants and beneficiaries.
Wells Fargo is an American multinational financial services company
headquartered in San Francisco, California, with managerial offices
throughout the United States and overseas.
A copy of the Plaintiff's motion for conditional certification
dated Oct. 15, 2020 is available from PacerMonitor.com at
https://bit.ly/37hO7zK at no extra charge.[CC]
The Lead Plaintiff is represented by:
Spectra A. Burkholz, Esq.
Spencer H. Saham, Esq.
Lucas F. Olts, Esq.
Kevin S, Sciarani, Esq.
Debashish Bakshi, Esq.
Alexi H. Pfefer-Gillett, Esq.
ROBBINS GELLER RUDMAN & DOWS LLP
655 West Broadwa, Suite 1900
San Diego, CA 92101
Telephone: 619 231 1058
Facsimile: 619 231 7423
E-mail: spencer@rgrdlaw.com
scotts@rgrdlaw.com
lolts@rgrdlaw.com
dbakshi@rgrdlaw.com
agillett@rgrdlaw.com
WHIRLPOOL CORP: Cleveland Sues Over Defective Dishwasher
--------------------------------------------------------
Elisabeth Cleveland, individually and on behalf of all others
similarly situated, Plaintiff, v. Whirlpool Corporation, Defendant,
Case No. 20-cv-01906 (D. Minn., September 4, 2020), seeks redress
for breach of express warranties and for violations of the
Magnuson-Moss Warranty Act and the Minnesota Consumer Fraud Act and
Minnesota Uniform Deceptive Trade Practices Act.
Whirlpool Corporation is a publicly traded, international kitchen
and laundry appliance company. Whirlpool allegedly designed,
manufactured, distributed, marketed and sold certain dishwashers
with defective pump motor diverter shaft seals that if misaligned,
accelerates degradation of the seal and creates a buildup of debris
that prevents the shaft seal spring from properly sealing the
diverter shaft and sump, thus resulting in significant leakage.
Cleveland purchased a Whirlpool Model WDF760SADW2. She eventually
noticed a water leaking underneath her dishwasher. Whirlpool's
warranty system did not include such defect. [BN]
Plaintiff is represented by:
Michelle J. Looby, Esq.
Raina C. Borrelli, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 S. Sixth St., Suite 2600
Minneapolis, MN 55402
Tel: (612) 333-8844
Fax: (612) 339-6622
Email: mlooby@gustafsongluek.com
rborrelli@gustafsongluek.com
- and -
Harper T. Segui, Esq.
Daniel K. Bryson, Esq.
WHITFIELD BRYSON, LLP
900 W. Morgan Street
Raleigh, NC 27603
Tel: (919) 600-5000
Email: dan@whitfieldbryson.com
harper@whitfieldbryson.com
- and -
Lisa A. White, Esq.
Gregory F. Coleman, Esq.
Rachel Soffin, Esq.
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Tel: (865) 247-0080
Fax: (865) 522-0049
Email: lisa@gregcolemanlaw.com
greg@gregcolemanlaw.com
rachel@gregcolemanlaw.com
WHITE CASTLE: Seventh Circuit Appeal Filed in Cothron BIPA Suit
---------------------------------------------------------------
Defendant White Castle System, Inc. filed an appeal from a court
ruling entered in the lawsuit entitled Latrina Cothron,
individually, and on behalf of all others similarly situated, the
Plaintiff, vs. White Castle System, Inc. d/b/a White Castle and
Cross Match Technologies, Inc., the Defendants, Case No.
19-cv-00382, in the U.S. District Court for the Northern District
of Illinois.
The question presented is: Whether a private entity violates
Sections 15(b) or 15(d) of the Illinois Biometric Information
Privacy Act, 740 ILCS 14/1 et seq., only when it is alleged to have
first collected (Section 15(b)) or to have first disclosed (Section
15(d)) biometric information or biometric identifiers ("biometric
data") of an individual without complying with the requirements of
those Sections, or whether a violation occurs each time that a
private entity allegedly collects (Section 15(b)) or discloses
(Section 15(d)) the individual's biometric data without complying
with the requirements of the applicable subsection.
As previously reported in the Class Action Reporter, the lawsuit
seeks to redress and curtail Defendants' unlawful collection, use,
storage, and disclosure of Plaintiffs sensitive biometric data.
According to the complaint, when White Castle hires an employee, he
or she is enrolled in its Digital Persona employee database using a
scan of his or her fingerprint. White Castle uses the Digital
Persona employee database to distribute their employees' paystubs
on a weekly basis. While many employers use conventional methods
for payroll (direct deposit or paper check), White Castle's
employees are required to have their fingerprints scanned by a
biometric device to retrieve their paystubs.
White Castle requests that the Court grant permission to appeal the
Order denying White Castle's motion for judgment on the pleadings.
White Castle further requests that, on appeal, the Court reverse
the District Court's holding and hold that BIPA Sections 15(b) and
15(d) are violated only the first time an entity allegedly collects
or discloses an individual's biometric information.
The appellate case is captioned as LATRINA COTHRON, individually
and on behalf of similarly situated individuals,
Plaintiff-Respondent v. WHITE CASTLE SYSTEM, INC.,
Defendant-Petitioner, Case No. 20-8029, in the United States Court
of Appeals for the Seventh Circuit.[BN]
Defendant-Petitioner WHITE CASTLE SYSTEM, INC. is represented by:
Melissa A. Siebert, Esq.
Erin Bolan Hines, Esq.
William F. Northrip, Esq.
SHOOK, HARDY & BACON LLP
111 South Wacker Drive
Chicago, IL 60606
Telephone: (312) 704-7700
Facsimile: (312) 558-1195
E-mail: masiebert@shb.com
ehines@shb.com
wnorthrip@shb.com
WILD IRISHMAN TREE: Dominguez Sues Over Unpaid Overtime
-------------------------------------------------------
Pedro Dominguez, on behalf of herself and all others similarly
situated, Plaintiffs, v. Wild Irishman Tree & Landscape, Inc. and
Duane J. O'Hara, Defendants, Case No. 20-cv-02789 (D. Colo.,
September 15, 2020), seeks to recover unpaid overtime under the
Fair Labor Standards Act and the Colorado Minimum Wage Order and
the Colorado Overtime and Minimum Pay Standards Order.
Wild Irishman Tree & Landscape, Inc. is a landscaping company in
Denver, Colorado where Dominguez worked as a landscaper. He claims
he was denied overtime for each hour worked beyond forty each
workweek, rest periods during their shifts and wage statements.
[BN]
Plaintiff is represented by:
Brandt Milstein, Esq.
MILSTEIN LAW OFFICE
2400 Broadway, Suite B
Boulder, CO 80302
Tel: (303) 440-8780
Fax: (303) 957-5754
Email: brandt@milsteinlawoffice.com
WYNDHAM VACATION: Timeshare Owners File Class Suit
--------------------------------------------------
David DuBose and Thea DuBose, individually and on behalf of all
other persons similarly situated, Plaintiffs, v. Wyndham Vacation
Resorts, Inc., Defendant, Case No. 20-cv-01118 (D. Del., August 26,
2019), seeks to declare the Purchase and Sale Agreement that they
went into void ab initio; rescission of all contracts with Wyndham,
restitution of all monies paid to Wyndham, compensatory, treble and
punitive damages resulting from fraud and negligent
misrepresentation and the consumer protection statutes of other
States with similar acts; attorneys' fees and such further and
other relief.
Wyndham operates a timeshare ownership program with a portfolio of
over 220 resorts throughout the world with 25,000 individual units.
It markets and sells vacation ownership interests in the form of
"points," provides consumer financing in connection with the sale
of points, provides property management services to the purchasers
and develops and acquires vacation ownership resorts.
Plaintiffs bought time shares with Wyndham facilities and claim
that, contrary to contract and their sales pitch prior to the sale,
Wyndham had problems with availability of units once they
purchased, that points would expire if not used, maintenance fees
were increasing, they had to book one year in advance to be able to
avail of a room, and that the value of their points devalued during
peak season. [BN]
Plaintiff is represented by:
Howard B. Prossnitz, Esq.
LAW OFFICES OF HOWARD B. PROSSNITZ
1014 Ontario Street
Oak Park, IL 60302
Tel: (708) 203-5747
Email: prossnitzlaw@gmail.com
- and -
Adam Szulczewksi, Esq.
225 West Washington Street, Suite 1600
Chicago, IL 60606
Tel: (312) 201-9300
Email: szulcze@outlook.com
- and -
Herbert Mondros, Esq.
MARGOLIS EDELSTEIN
300 Delaware Avenue, Suite 800
Wilmington, DE 19801
Tel. (302) 888-1112
Fax: (302) 888-1119
Email: hmondros@margolisedelstein.com
ZEMAK LLC: Dellamedaglia Seeks Overtime Pay, Withheld Tips
----------------------------------------------------------
Joseph Dellamedaglia, individually and on behalf of others
similarly situated, Plaintiff, v. Zemak LLC, Ramza Zakka and Abdul
Sedki, Defendants, Case No. 20-cv-06753 (S.D. N.Y., August 21,
2020), seeks to recover unpaid minimum and overtime wages and
spread-of-hours pay pursuant to the Fair Labor Standards Act of
1938 and New York Labor Law, including applicable liquidated
damages, interest, attorneys' fees and costs.
Defendants own, operate or control an Italian restaurant in Rye,
New York under the name "Aurora" where Dellamedaglia was employed
as a bartender. He claims to have generally worked in excess of 40
hours a week without overtime for hours in excess of 40 hours per
workweek and denied spread-of-hours premium for workdays exceeding
10 hours. Aurora claimed tip credit for all hours worked despite
requiring Dellamedaglia to work non-tipped duties for hours
exceeding 20% of the total hours worked each workweek. He also
claims to have never received wage statements. [BN]
Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Tel: (212) 317-1200
Facsimile: (212) 317-1620
Email: michael@faillacelaw.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
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2020. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
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