/raid1/www/Hosts/bankrupt/CAR_Public/210503.mbx
C L A S S A C T I O N R E P O R T E R
Monday, May 3, 2021, Vol. 23, No. 82
Headlines
114 TROUTMAN LLC: Richards Sues Over Unfair Monthly Rental Charges
3BEAR ENERGY: Rogers Sues to Recover Unpaid Overtime Wages
3M COMPANY: AFFF Products Contain Toxic Chemicals, Creighton Claims
3M COMPANY: AFFF Products Harmful to Human Health, Loucks Claims
3M COMPANY: Bishop Suit Claims Complications From AFFF Products
3M COMPANY: Carey Sues Due to the Toxic Effects of AFFF Products
3M COMPANY: Edwards Sues Over Exposure to Toxic AFFF Products
3M COMPANY: Exposed AFFF Products' Users to PFAS, Jameson Alleges
3M COMPANY: Exposes Firefighters to Toxic Products, Giles Says
3M COMPANY: Firm Sues Over Exposure to Toxic AFFF Products
3M COMPANY: Lomax Suit Claims Complications From AFFF Products
5830 RESTAURANT: Underpays Restaurant Staff, Rodriguez Suit Claims
AARP INC: Gozdenovich Appeals Ruling in Insurance Suit to 3rd Cir.
ACCUHEALTH INC: Lary Files TCPA Suit in N.D. Alabama
ADDISON GROUP: Vanderheyden Sues Over Recruiters' Unpaid Overtime
AIRCRAFT FINISHING: Sanchez Sues Over Unpaid Wages, Retaliation
AJD PIZZA: Cain Sues to Recover Unpaid Minimum, Overtime Wages
AK.UMIN CORP: Abellard Sues Over Illegal Medical-Debt Collection
AMARYLLO INC: Duncan Files ADA Suit in E.D. New York
AMAZON.COM INC: Faces Ackerman Suit Over E-Book Market Monopoly
AMERIFIRST FINANCIAL: Reed Files Suit in District of Arizona
AMWEST INC: Flores Sues Over Unpaid Wages, Sexual Harassment
APARTMENT MANAGEMENT: Martin Sues Over Failure to Pay Compensation
APPLE INC: Faces Smith Suit Over Product Misrepresentation
ARCH INSURANCE: McMenamin Suit Transferred to E.D. Pennsylvania
ARCH INSURANCE: Xponential Sues Over Insurance Coverage Denial
ARCIMOTO INC: Faces Barnette Suit Over Drop in Share Price
ARIZONA: D.H. Appeals Preliminary Injunction Bid Denial to 9th Cir.
ARRIVIA INC: Rowan Files TCPA Suit in District of Delaware
ARS NATIONAL: Faces Smekodub Suit Over Disclosure of Alleged Debt
ASCENSION HEALTH: Fisher Verifies Stockholder Class Suit in Del.
ASCENT HOME: Hammer FLSA Class Suit Removed to W.D. Oklahoma
AXISPOINT LLC: Sends Unsolicited Telemarketing Calls, Camerman Says
BACKROADS: Yoshida Sues Over Failure to Prevent Data Breach
BAYER HEALTHCARE: Faces Borchek Suit Over Mislabeled Flea Collars
BAYERHEALTHCARE LLC: Bomwell Files Suit in D. New Jersey
BEECH-NUT NUTRITION: Loggins Suit Moved From M.D. Fla. to N.D.N.Y.
BEES LIGHTING: Website Not Blind Accessible, Nisbett Suit Says
BIOLITE INC: Duncan Files ADA Suit in E.D. New York
BITGO INC: Sanchez Files ADA Suit in S.D. New York
C.TECH COLLECTIONS: Kroub Sues Over Disclosure of Alleged Debt
CANDY NATION: Sosa Files ADA Suit in S.D. New York
CAREFIRST BLUECHOICE: Denies Embryo Thawing Coverage, Skipper Says
CARGUARD ADMINISTRATION: Connor Sues Over Unwanted Telephone Calls
CARUSO MANAGEMENT: Mason Sues Over Blind-Inaccessible Website
CENTERRA GROUP: Monarrez Labor Suit Removed to C.D. California
CITY SPORTS: Sanchez Files ADA Suit in S.D. New York
COCONINO COUNTY, AZ: Krakauer Files Suit in District of Arizona
CONNECTED INVESTORS: Silva Files TCPA Suit in E.D. North Carolina
CORONADO, CA: Peake Files FLSA Suit in S.D. California
CREDIT CORP: Nikolayev Files FDCPA Suit in E.D. New York
DEVON ENERGY: Wake Energy Sues Over Failure to Pay Royalty
DOORDASH INC: Faces Suit Over Food Delivery Platforms' Overcharges
DRIVEN BRANDS: Nunez Sues Over Deceptive Trade Practices
EDR ASSETS: Appeals March 10 Order in Favor of Hiss
EF EDUCATION: Karila Files Suit in District of Massachusetts
EMERGENT BIOSOLUTIONS: Palm Tran Sues Over Share Price Drop
EVERLY WELL: Sanchez Files ADA Suit in S.D. New York
FABRICGENIE INC: Burbon Files ADA Suit in E.D. New York
FACEBOOK INC: Faces Boorn Suit Over Illegal Internet Gambling
FAMILY SOLUTIONS: Appeals Class Cert. Ruling in Arends Case
FAMILY SOLUTIONS: Appeals Class Cert. Ruling in Stephenson Suit
FEDEX GROUND: Amadin Labor Class Suit Removed to E.D. California
FINANCIAL RECOVERY: Kroub Files FDCPA Suit in E.D. New York
FIRST NATIONAL: Norvell Files FDCPA Suit in N.D. Alabama
FIRST TRANSIT: Azimihashemi Employment Suit Goes to C.D. California
FLO HEALTH: Ridgway Sues Over Unlawful Data-Sharing Policies
FLUID FLEET: Faces FLSA Suit Over Unpaid OT for Repair Technicians
FRANS CHOCOLATES: Sosa Files ADA Suit in S.D. New York
FYRE MEDIA: Jung Appeals Class Certification Denial to 2nd Cir.
GALLERY OF HISTORY: Sosa Files ADA Suit in S.D. New York
GEICO CASUALTY: Vennerholm Sues Over Failure to Safeguard PII
GEORG FISCHER: Ramos Files Suit in California Superior Court
GREENFIELD WORLD: Naseri Sues Over Unlawful and Deceptive Practices
GUCKENHEIMER ENTERPRISES: Underpays Dishwashers, Kishiyama Claims
HALSTED FINANCIAL: Altman Files FDCPA Suit in D. New Jersey
HONEYWELL INTERNATIONAL: Ogaz Wage-and-Hour Suit Goes to C.D. Cal.
HUDSON VALLEY: Appeals Aribitration Bid Denial in Zachman Case
HYUNDAI MOTOR: Stucki Files Suit in District of Minnesota
I.C. SYSTEM: Rose Files FDCPA Suit in S.D. New York
IN HOME INSTALLATIONS: Altamirano Files Suit in Cal. Super. Ct.
INTERNATIONAL BROTHERHOOD: Anderson Sues Over Seized Union Dues
INVALUABLE LLC: Sosa Files ADA Suit in S.D. New York
KENTFIELD REHABILITATION: Michaeli FCRA Suit Goes to N.D. Cal.
KIA MOTORS: Maurico Sues Over Defective Vehicle's Rear Seat Belts
KROGER CO: Rosales Wage-and-Hour Suit Goes to C.D. California
LUMEN TECHNOLOGIES: Benstine Suit Moved from Cir. Ct. to M.D. Fla.
LUXBEVERAGE LLC: Fischler Files ADA Suit in S.D. New York
MACY'S WEST: Bruemmer Wage-and-Hour Suit Goes to N.D. California
MARS WRIGLEY: Brown Suit Transferred to E.D. New York
MCKINSEY & COMPANY: Illinois Sues Over Opioid Crisis in the State
MEETCAREGIVERS: Noyes Sues to Recoup Unpaid Minimum, Overtime Wages
MERCK & CO: Zostavax Causes Viral Infection, Rigaud Suit Claims
MIDLAND CREDIT: Davies Files FDCPA Suit in N.D. Illinois
MILLIONAIRE GALLERY: Sosa Files ADA Suit in S.D. New York
MONOGRAM INTERNATIONAL: Monegro Files ADA Suit in S.D. New York
NASTASI & ASSOCIATES: Seeks Review of Judgment Entered in Kamco
NATIONAL GENERAL: Davie Town Fund Appeals Securities Suit Dismissal
NATIONSTAR MORTGAGE: Morandi Appeals Class Certification Bid Denial
NATONAL ENTERPRISE: Campbell Files FDCPA Suit in W.D. Wisconsin
NORTHERN CALIFORNIA: Faces Eliazo Wage-and-Hour Suit in California
NP SKYLOFT ST: Milner Family Trust Files Suit in Del. Chancery Ct.
NYC BIKE SHARE: Sanchez Files ADA Suit in S.D. New York
OBALON THERAPEUTICS: Finger Securities Suit Oppose ReShape Merger
OKLAHOMA EMBROIDERY: Burbon Files ADA Suit in E.D. New York
OPTIMUM OUTCOMES: Prout Files TCPA Suit in E.D. North Carolina
OSGOOD TEXTILE: Burbon Sues Over Blind-Inaccessible Website
OWNERS INSURANCE: Bridal Appeals Insurance Suit Dismissal
PACESETTER STEEL: Bankhead BIPA Class Suit Removed to N.D. Illinois
PARTS AUTHORITY: Chavez Suit Removed to C.D. California
PAYPAL INC: Monegro Files ADA Suit in S.D. New York
PEOPLE'S UNITED: Hynes Sues Over Misleading Info on Merger with M&T
PIH HEALTH: Faces Mason Suit Over Blind-Inaccessible Website
PITTSBURGH MINERAL: Walker Sues to Recover Unpaid Overtime Wages
QUINTET ACQUISITIONS: Lawson FMLA and FLSA Suit Removed to D.S.C.
RANDSTAD US: Guzman Sues Over Failure to Pay Proper Wages
RECEIVABLES MANAGEMENT: Blair Files FDCPA Suit in S.D. Indiana
RESURGENT CAPITAL: Fonteboa Files FDCPA Suit in E.D. New York
RITTENHOUSE ARCHIVES: Monegro Files ADA Suit in S.D. New York
ROCK 'EM APPAREL: Monegro Files ADA Suit in S.D. New York
ROPER ST. FRANCIS: Prevost Sues Over Failure to Secure PII & PHI
ROYAL UNITED: Peterssen Files TCPA Suit in S.D. Florida
SAMSUNG ELECTRONICS: Vasadi Sues Over Galaxy S20 Smartphone Defect
SARA LEE: Salouras Sues Over Mislabeled All Butter Pound Cake
SEAHORSE & GAZELLE: Sanchez Files ADA Suit in S.D. New York
SEALY ECOMMERCE: Sanchez Files ADA Suit in S.D. New York
SECOND ROUND: Greenfeld Sues Over Misleading Debt Collection Letter
SELECTIVE INSURANCE: Quakerbridge Appeals Case Dismissal to 3rd Cir
SHAUN FERGUSON: Williams Files Suit in E.D. Louisiana
SHELL ENERGY: Katz Suit Transferred to District of Massachusetts
SIEMENS CORP: National Sentry Sues Over Faulty AFCI Breakers
SOUTHERN CALIFORNIA: Improperly Pays Minimum Wages, Gonzalez Says
SOUTHWEST CREDIT: Ratliffe-Horton Files FDCPA Suit in E.D. Pa.
SPORTS MALL: Sosa Files ADA Suit in S.D. New York
STASH FINANCIAL: Monegro Sues Over Blind-Inaccessible Website
SWEET SERVICES: Sosa Files ADA Suit in S.D. New York
TACO MIX: Rodriguez Sues Over Unpaid Minimum and Overtime Wages
TD AMERITRADE: Oberlin Sues Over Breaches of Contract
TENNESSEE: McPeters Appeals Ruling in Civil Rights Suit to 6th Cir.
TOM VILSACK: Miller Sues Over Exclusion from Benefits Due to Race
TOWN OF BROOKLINE, MA: Baez Appeals Summary Judgment Ruling
TRANSUNION LLC: Castillo Files FCRA Suit in N.D. Illinois
TRANSUNION LLC: Lewis FCRA Suit Removed to N.D. Georgia
TRANSUNION RENTAL: Belluccia Suit Transferred to N.D. Georgia
TRANSUNION RENTAL: Brown Suit Transferred to N.D. Georgia
TRUEACCORD CORP: Stivers Files Suit in N.D. California
TRUIST BANK: Gericke Appeals Case Dismissal Ruling to 3rd Cir.
TRUST FOR ADVISED: Sokolow Sues Over Misleading Fund's Share Price
UNITED COLLECTION: Taub Sues Over Questionable Debt Collection
UNITEDHEALTH GROUP: Snyder Sues Over Breach of Fiduciary Duties
UWM HOLDINGS: Okavage Group Sues Over Unlawful Ultimatum
VALVE CORPORATION: Controls PC Desktop Gaming Markets, Wolfire Says
VK PARTNERS: United African-Asian Club Sues Over ADA Violation
WALMART INC: Faces Wilson Suit Over Baby Foods' Heavy Metal Content
WEINSTEIN COMPANY: Kendall Appeals Ruling in Geiss RICO Suit
WEST BEND: Paradigm Appeals Insurance Case Dismissal to 7th Cir.
WILLOWICK SENIOR: Lewis Sues Over Unpaid Overtime for Caregivers
*********
114 TROUTMAN LLC: Richards Sues Over Unfair Monthly Rental Charges
------------------------------------------------------------------
ALEXANDER RICHARDS, LUCIA OROZCO, ZACH LICHTSTRAHL, PAUL
LYCHMANENKO, SOPHIA REINICKE, JAMIE PAAKKONEN, TODD SMITH, and
BENJAMIN LAMOTHE, individually and on behalf of all others
similarly situated, Plaintiff v. 114 TROUTMAN LLC, Defendant, Case
No. 509108/2021 (N.Y. Sup., Kings Cty., April 19, 2021)
According to the complaint, the Defendant is the owner-in-fee of
the apartment building located at 114 Troutman Street (the
"Building") in Brooklyn. By registering the Building's units in
such fashion, the landlord was able to mask its misconduct and
charge rent increases in excess of those allowed by the Rent
Guidelines Board, or the governing rent laws, says the suit.
The initial legal regulated rent to be registered for an apartment
in a 421-a building must be the "monthly rent charged and paid by
the tenant," and all subsequent rent increases are to be derived
from that first amount. A landlord may not utilize a preferential
rent as the initial legal regulated rent in a 421-a building.
The Defendant is not permitted to pass along a building's utility
charges to the building's tenants. Yet, the Defendant does
precisely that, with respect to many of the Building's tenants, by
including separate line items for gas charges, the suit alleges.
114 Troutman LLC is a Delaware corporation engaged in property and
building management. [BN]
The Plaintiffs are represented by:
Lucas A. Ferrara, Esq.
Roger A. Sachar Jr., Esq.
NEWMAN FERRARA LLP
1250 Broadway, 27th Floor
New York, New York 10001
Telephone: (212) 619-5400
E-mail: lferrara@nfllp.com
rsachar@nfllp.com
3BEAR ENERGY: Rogers Sues to Recover Unpaid Overtime Wages
----------------------------------------------------------
Cody A. Rogers, on behalf of himself and all others similarly
situated v. 3BEAR ENERGY, LLC, Case No. 1:21-cv-00376 (D.N.M.,
April 23, 2021), is brought to recover unpaid overtime wages and
other damages from the Defendant under the Fair Labor Standards Act
and New Mexico Minimum Wage Act.
The Plaintiff's duties included inspecting the interstate pipelines
to ensure the safe transportation of goods. Instead of paying
overtime as required by state and federal law, the Defendant paid
the Plaintiff and those similarly situated to him a daily rate with
no overtime pay. The Defendant paid each of these workers a flat
amount for each day worked and failed to pay them overtime for all
hours that they worked in excess of 40 hours in a workweek in
accordance with the FLSA., says the complaint.
The Plaintiff worked for the Defendant as a Chief Inspector from
March 2018 through April 2019.
3Bear operates a full-service midstream energy company specializing
in greenfield project development and designs, constructs, operates
and maintains crude oil, gas, and water pipeline gathering and
mainline systems.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: (713) 877-8065
Email: rburch@brucknerburch.com
3M COMPANY: AFFF Products Contain Toxic Chemicals, Creighton Claims
-------------------------------------------------------------------
BRIAN WILLIAM CREIGHTON, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01214-RMG
(D.S.C., April 26, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The Plaintiff seeks to recover compensatory and punitive damages
arising out of serious medical conditions and complications
sustained as a direct result of his exposure to the Defendants'
aqueous film forming foam (AFFF) products containing synthetic,
toxic per- and polyfluoroalkyl substances collectively known as
PFAS at various locations during the course of his training and
firefighting activities. The Defendants failed to use reasonable
and appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their PFAS-containing AFFF products. Further, the Defendants failed
to warn public entities and firefighter trainees, including the
Plaintiff, who they knew would foreseeably come into contact with
their AFFF products, or firefighters employed by either civilian
and/or military employers that use of and/or exposure to the
Defendants' AFFF products containing PFAS and/or its precursors
would pose a danger to human health. Due to inadequate warning, the
Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition, the Plaintiff adds.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
- and –
J. Edward Bell, III, Esq.
Gabrielle Anna Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 Ridge Street
Georgetown, SC 25442
Telephone: (843) 546-2408
Facsimile: (843) 546-9604
3M COMPANY: AFFF Products Harmful to Human Health, Loucks Claims
----------------------------------------------------------------
EDMOND LOUCKS, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining and
Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01237-RMG
(D.S.C., April 26, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
According to the complaint, the Defendants designed, marketed,
developed, manufactured, distributed, released, trained users,
produced instructional materials, promoted, sold, and/or otherwise
released into the stream of commerce aqueous film forming foam
(AFFF) that contained highly toxic and bio persistent
polyfluoroalkyl substances collectively known as PFAS. The
Defendants also failed to warn public entities and firefighter
trainees, including the Plaintiff, who they knew would foreseeably
come into contact with their AFFF products, or firefighters
employed by either civilian and/or military employers that use of
and/or exposure to the Defendants' AFFF products containing PFAS
and/or its precursors would pose a danger to human health. The
Plaintiff was unaware of the dangerous properties of the
Defendants' AFFF products and relied on the Defendants'
instructions as to the proper handling of the products. The
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused him to develop serious
medical conditions and complications, the suit alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Bishop Suit Claims Complications From AFFF Products
---------------------------------------------------------------
THOMAS LYNN BISHOP, SR., individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01212-RMG
(D.S.C., April 26, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from the Defendants' failure to use reasonable and
appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
aqueous film forming foam (AFFF) products containing synthetic,
toxic per- and polyfluoroalkyl substances collectively known as
PFAS, which are highly toxic and carcinogenic chemicals. The
Defendants' PFAS-containing AFFF products are dangerous as PFAS
binds to proteins in the blood of humans exposed to the material
and remains and persists over long periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. Further, the Defendants failed to warn
public entities, firefighter trainees who they knew would
foreseeably come into contact with their AFFF products, or
firefighters employed by either civilian and/or military employers
that use of and/or exposure to the Defendants' AFFF products
containing PFAS and/or its precursors would pose a danger to human
health. Due to inadequate warning, the Plaintiff used the
Defendants' PFAS-containing AFFF products in their intended manner,
without significant change in the products' condition. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit asserts.
As a result of the Defendants' alleged omissions and misconduct,
the Plaintiff developed serious medical conditions and
complications due to his exposure to Defendants' PFAS-containing
AFFF products during the course of his training and firefighting
activities.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
- and –
J. Edward Bell, III, Esq.
Gabrielle Anna Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 Ridge Street
Georgetown, SC 25442
Telephone: (843) 546-2408
Facsimile: (843) 546-9604
3M COMPANY: Carey Sues Due to the Toxic Effects of AFFF Products
----------------------------------------------------------------
WILLIAM JOHN CAREY, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01213-RMG
(D.S.C., April 26, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and firefighter trainees, including the Plaintiff, who
they knew would foreseeably come into contact with their AFFF
products. The Plaintiff used the Defendants' PFAS-containing AFFF
products in their intended manner, without significant change in
the products' condition due to inadequate warning about the
products' danger. The Plaintiff relied on the Defendants'
instructions as to the proper handling of the products, the suit
added.
As a result of the Defendants' alleged omissions and misconduct,
the Plaintiff developed serious medical conditions and
complications due to his exposure to Defendants' PFAS-containing
AFFF products during the course of his training and firefighting
activities.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
- and –
J. Edward Bell, III, Esq.
Gabrielle Anna Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 Ridge Street
Georgetown, SC 25442
Telephone: (843) 546-2408
Facsimile: (843) 546-9604
3M COMPANY: Edwards Sues Over Exposure to Toxic AFFF Products
-------------------------------------------------------------
GEORGE MILTON EDWARDS, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01215-RMG
(D.S.C., April 26, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The suit arises from the Defendants' failure to use reasonable and
appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
aqueous film forming foam (AFFF) products containing the toxic
chemicals collectively known as per and polyfluoroalkyl substances
(PFAS). The Defendants' PFAS-containing AFFF products are highly
toxic and dangerous as PFAS binds to proteins in the blood of
humans exposed to the material and remains and persists over long
periods of time. Due to their unique chemical structure, PFAS
accumulates in the blood and body of exposed individuals. The
Defendants failed to warn public entities and firefighter trainees,
including the Plaintiff, who they knew would foreseeably come into
contact with their AFFF products that use of and/or exposure to the
Defendants' AFFF products containing PFAS and/or its precursors
would pose a danger to human health, the suit asserts.
The Plaintiff seeks to recover compensatory and punitive damages
arising out of the permanent and significant damages sustained as a
direct result of exposure to the Defendants' AFFF products at
various locations during the course of his training and
firefighting activities.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
- and –
J. Edward Bell, III, Esq.
Gabrielle Anna Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 Ridge Street
Georgetown, SC 25442
Telephone: (843) 546-2408
Facsimile: (843) 546-9604
3M COMPANY: Exposed AFFF Products' Users to PFAS, Jameson Alleges
-----------------------------------------------------------------
MICHAEL LEE JAMESON, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01218-RMG
(D.S.C., April 26, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from the Defendants' failure to use reasonable and
appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
aqueous film forming foam (AFFF) products containing the toxic
chemicals collectively known as per and polyfluoroalkyl substances
(PFAS). The Defendants knew that their AFFF products contained
highly toxic and bio persistent PFAS, but they failed to warn end
users of the products about the health risks. The Plaintiff was
unaware of the dangerous properties of the Defendants' AFFF
products and relied on the Defendants' instructions as to the
proper handling of the products, the suit says.
As a direct result of the Plaintiff's alleged exposure to the
Defendants' AFFF products during the course of his training and
firefighting activities, he developed serious medical conditions
and complications.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
- and –
J. Edward Bell, III, Esq.
Gabrielle Anna Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 Ridge Street
Georgetown, SC 25442
Telephone: (843) 546-2408
Facsimile: (843) 546-9604
3M COMPANY: Exposes Firefighters to Toxic Products, Giles Says
--------------------------------------------------------------
GARY GILES, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining and
Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01236-RMG
(D.S.C., April 26, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The Plaintiff brings this action against the Defendants due to
their failure to use reasonable and appropriate care in the design,
manufacture, labeling, warning, instruction, training, selling,
marketing, and distribution of aqueous film forming foam (AFFF)
products containing the toxic chemicals collectively known as per
and polyfluoroalkyl substances (PFAS). PFAS are highly toxic and
carcinogenic chemicals. The Defendants knew, or should have known,
that PFAS remain in the human body while presenting significant
health risks to humans. The Defendants' alleged failure to warn
public entities and firefighter trainees, including the Plaintiff,
about the danger of the products to human health caused the
Plaintiff to develop serious medical conditions and complications.
The Plaintiff seeks to recover compensatory and punitive damages
arising out of the permanent and significant damages sustained as a
direct result of exposure to the Defendants' AFFF products at
various locations during the course of his training and
firefighting activities.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Firm Sues Over Exposure to Toxic AFFF Products
----------------------------------------------------------
HOWARD CLYDE FIRM, individually and on behalf of all others
similarly situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining
and Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01217-RMG
(D.S.C., April 26, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The Plaintiff bring this case after sustaining personal injury as a
result of his exposure to the Defendants' aqueous film forming foam
(AFFF) products containing synthetic, toxic per- and
polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and firefighter
trainees, including the Plaintiff, who they knew would foreseeably
come into contact with their AFFF products that use of or exposure
to the products would pose a danger to human health. Due to
inadequate warning, the Plaintiff was exposed to toxic chemicals
and developed serious medical conditions and complications, the
Plaintiff added.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
- and –
J. Edward Bell, III, Esq.
Gabrielle Anna Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 Ridge Street
Georgetown, SC 25442
Telephone: (843) 546-2408
Facsimile: (843) 546-9604
3M COMPANY: Lomax Suit Claims Complications From AFFF Products
--------------------------------------------------------------
JOHN LOMAX, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining and
Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. f/k/a DOWDUPONT INC.;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a
GE Interlogix, Inc., Defendants, Case No. 2:21-cv-01260-RMG
(D.S.C., April 28, 2021) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from the Defendants' alleged failure to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS, which are highly toxic and carcinogenic
chemicals. The Defendants' PFAS-containing AFFF products are
dangerous as PFAS binds to proteins in the blood of humans exposed
to the material and remains and persists over long periods of time.
Due to their unique chemical structure, PFAS accumulates in the
blood and body of exposed individuals. Further, the Defendants
failed to warn public entities, firefighter trainees who they knew
would foreseeably come into contact with their AFFF products, or
firefighters employed by either civilian and/or military employers
that use of and/or exposure to the Defendants' AFFF products
containing PFAS and/or its precursors would pose a danger to human
health. Due to inadequate warning, the Plaintiff used the
Defendants' PFAS-containing AFFF products in their intended manner,
without significant change in the products' condition. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit contends.
As a result of the Defendants' alleged omissions and misconduct,
the Plaintiff developed serious medical conditions and
complications due to his exposure to Defendants' PFAS-containing
AFFF products during the course of his training and firefighting
activities.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
5830 RESTAURANT: Underpays Restaurant Staff, Rodriguez Suit Claims
------------------------------------------------------------------
DANIEL CARRILLO RODRIGUEZ, individually and on behalf of all others
similarly situated, Plaintiff v. 5830 RESTAURANT CORP. and DAVID
OEHLMAN, Defendants, Case No. 1:21-cv-01166 (D. Colo., April 28,
2021) is a class action against the Defendants for violations of
the Fair Labor Standards Act and the Colorado Minimum Wage Act by
failing to pay the Plaintiff and all others similarly situated
employees overtime pay for all hours worked in excess of 40 hours
in a workweek, failing to provide them with rest periods during
their shifts, and failing to pay them any wages at all for the
final pay period of their employment.
Mr. Rodriguez was employed at the Defendants' Somkin' Dave's BBQ &
Brew restaurant in Colorado intermittently between approximately
2019 and approximately April 1, 2021.
5830 Restaurant Corp. is a restaurant owner and operator, with its
principal place of business located at P.O. Box 867, Estes Park,
Colorado. [BN]
The Plaintiff is represented by:
Brandt Milstein, Esq.
MILSTEIN TURNER, PLLC
2400 Broadway, Suite B
Boulder, CO 80304
Telephone: (303) 440-8780
E-mail: brandt@milsteinturner.com
AARP INC: Gozdenovich Appeals Ruling in Insurance Suit to 3rd Cir.
------------------------------------------------------------------
Plaintiff BRIAN GOZDENOVICH filed an appeal from a court ruling
entered in his lawsuit styled BRIAN GOZDENOVICH, on behalf of
himself and all others similarly situated, Plaintiff v. AARP, INC.,
AARP SERVICES INC., AARP INSURANCE PLAN, UNITEDHEALTH GROUP, INC.,
and UNITEDHEALTHCARE INSURANCE COMPANY, Defendants, Case No.
2-18-cv-02788, in the United States District Court for the District
of New Jersey.
According to the complaint, the lawsuit is a consumer class action
seeking to recoup millions of dollars on behalf of a class of
senior citizens and disabled individuals residing in the State of
New Jersey who, by the deceptive practices and unlawful acts
alleged herein, were fooled into paying artificially inflated
insurance charges for Medicare supplemental health insurance
policies so that Defendants could use the inflated portion of the
payment for illegal purposes -- namely the payment of insurance
commissions to an unlicensed entity.
The Plaintiff seeks a review of the Court's Order dated April 8,
2021, granting Defendants' Motion for Judgment on the Pleadings;
granting Motion for Summary Judgment; denying his Motion to Certify
Class; and denying Motion to Strike.
The appellate case is captioned as Brian Gozdenovich v. AARP Inc,
et al., Case No. 21-1775, in the United States Court of Appeals for
the Third Circuit, filed on April 21, 2021.[BN]
Plaintiff-Appellant BRIAN GOZDENOVICH, on behalf of himself and all
others similarly situated, is represented by:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
E-mail: JCecchi@carellabyrne.com
- and -
Andrew J. Obergfell, Esq.
BURSOR & FISHER
888 Seventh Avenue, 10th Floor
New York, NY 10019
Telephone: (646) 837-7129
E-mail: aobergfell@bursor.com
Defendants-Appellees AARP INC., AARP SERVICES INC., AARP INSURANCE
PLAN, UNITEDHEALTH GROUP INC., and UNITEDHEALTHCARE INSURANCE CO.
are represented by:
Heather S. Goldman, Esq.
BRYAN CAVE LEIGHTON PAISNER
120 Broadway, Suite 300
Santa Monica, CA 90401
Telephone: (202) 508-6311
E-mail: heather.goldman@bclplaw.com
- and -
Katelyn O'Reilly, Esq.
Liza M. Walsh, Esq.
WALSH PIZZI O'REILLY & FALANGA
Three Gateway Center
100 Mulberry Street, 15th Floor
Newark, NJ 07102
Telephone: (973) 757-1100
E-mail: koreilly@walsh.law
lwalsh@walsh.law
- and -
Thomas R. Curtin, Esq.
Kathleen N. Fennelly, Esq.
George C. Jones, Esq.
MCELROY DEUTSCH MULVANEY & CARPENTER
1300 Mount Kemble Avenue, P.O. Box 2075
Morristown, NJ 07962
Telephone: (973) 292-1700
E-mail: tcurtin@mdmc-law.com
kfennelly@grahamcurtin.com
gjones@mdmc-law.com
ACCUHEALTH INC: Lary Files TCPA Suit in N.D. Alabama
----------------------------------------------------
A class action lawsuit has been filed against Accuhealth Inc. The
case is styled as MD John H. Lary, Jr., individually and as the
representative of a class of similarly-situated persons v.
Accuhealth Inc., a Texas corporation , Case No. 5:21-cv-00596-MHH
(N.D. Ala., April 27, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Accuhealth -- https://www.accuhealth.tech/ -- provides turn-key
remote patient monitoring solutions, including all hardware,
software and first-line 24/7 clinical monitoring.[BN]
The Plaintiff is represented by:
Lucas C. Montgomery, Esq.
MONTGOMERY PONDER LLC
2226 1st Avenue North, Unit 105
Birmingham, AL 35233
Phone: (205) 201-0303
Fax: (205) 208-9443
Email: luke@montgomeryponder.com
ADDISON GROUP: Vanderheyden Sues Over Recruiters' Unpaid Overtime
-----------------------------------------------------------------
CLARK VANDERHEYDEN, individually and on behalf of all others
similarly situated, Plaintiff v. ADDISON GROUP, LLC, Defendant,
Case No. 1:21-cv-02242 (N.D. Ill., April 27, 2021) is a class
action against the Defendant for violations of the Fair Labor
Standards Act by failing to compensate the Plaintiff and all others
similarly situated recruiters overtime pay for all hours worked in
excess of 40 hours in a workweek.
Plaintiff Vanderheyden was employed by Addison as a recruiter from
approximately January 2018 through August 2019.
Addison is a company that offers staffing and recruiting services,
with its headquarters located in Chicago, Illinois. [BN]
The Plaintiff is represented by:
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
WERMAN SALAS P.C.
77 W. Washington Street, Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
E-mail: dwerman@flsalaw.com
msalas@flsalaw.com
- and –
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Carl Fitz, Esq.
Rachael Rustmann, Esq.
JOSEPHSON DUNLAP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
cfitz@mybackwages.com
rrustmann@mybackwages.com
- and –
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
AIRCRAFT FINISHING: Sanchez Sues Over Unpaid Wages, Retaliation
---------------------------------------------------------------
NOEMY SANCHEZ, YENIFER MARTINEZ, and MARIA SANCHEZ, individually
and on behalf of all others similarly situated, Plaintiffs v.
AIRCRAFT FINISHING CORP., JERRY B. YOUNG, and "JOHN" SERIGANO,
Defendants, Case No. 2:21-cv-02309 (E.D.N.Y., April 27, 2021) is a
class action against the Defendants for unpaid overtime for all
hours worked in excess of 40 hours in a workweek in violation of
the Fair Labor Standards Act and the New York Labor Law and for
sexual harassment, discrimination, and retaliation in violation of
Title VII of the Civil Rights Act of 1964 and the New York State
Human Rights Law.
Plaintiffs Noemy Sanchez, Yenifer Martinez, and Maria Sanchez
worked for the Defendants as hourly-paid workers from June 2020
until March 3, 2021, from November 2019 until March 3, 2021, and
from November 2019 until March 3, 2021, respectively.
Aircraft Finishing Corp., is a company that engaged in the painting
of metal products for aircrafts, headquartered in West Babylon, New
York. [BN]
The Plaintiffs are represented by:
Peter A. Romero, Esq.
LAW OFFICE OF PETER A. ROMERO PLLC
825 Veterans Highway-Ste. B
Hauppauge, NY 11788
Telephone: (631) 257-5588
E-mail: promero@romerolawny.com
AJD PIZZA: Cain Sues to Recover Unpaid Minimum, Overtime Wages
--------------------------------------------------------------
David Cain, individually and on behalf of similarly situated
persons v. AJD PIZZA MANAGEMENT, LLC and AARON DOLKOWSKI, Case No.
4:21-cv-10860-SDD-CI (E.D. Mich., April 19, 2021), is brought under
the Fair Labor Standards Act and the Michigan Complied Laws to
recover unpaid minimum wages and overtime hours owed to the
Plaintiff and similarly situated delivery drivers employed by
Defendants at their Domino's Pizza stores.
According to the complaint, the Defendants employ delivery drivers
who use their own automobiles to deliver pizza and other food items
to their customers. According to the complaint, however, instead of
reimbursing delivery drivers for the reasonably approximate costs
of the business use of their vehicles, the Defendants use a flawed
method to determine reimbursement rates that provides such an
unreasonably low rate beneath any reasonable approximation of the
expenses they incur that the drivers' wages fall below the federal
minimum wage during some or all workweeks.
The Defendants require their delivery drivers to maintain and pay
for safe, legally-operable, and insured automobiles when delivering
pizzas and other food items. The Defendants' delivery drivers incur
costs for gasoline, vehicle parts and fluids, repair and
maintenance services, insurance, depreciation, and other expenses
("automobile expenses") while delivering pizzas and other food
items for the primary benefit of the Defendants. the Defendants'
delivery driver reimbursement policy reimburses drivers on a
per-delivery basis, but the per delivery reimbursement equates to
below the IRS business mileage reimbursement rate or any other
reasonable approximation of the cost to own and operate a motor
vehicle. This flawed policy applies to all of the Defendants'
delivery drivers, says the complaint.
The Plaintiff was employed as a delivery driver at the Defendants'
store.
The Defendants operate numerous Domino's franchise stores.[BN]
The Plaintiff is represented by:
J. Forester, Esq.
Meredith Black-Mathews, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Suite 700
Dallas, TX 75201
Phone: (214) 210-2100
Fax: (469) 399-1070
Email: jay@foresterhaynie.com
mmathews@foresterhaynie.com
- and -
David M. Blanchard, Esq.
Frances J. Hollander, Esq.
BLANCHARD & WALKER, PLLC
221 N. Main Street, Suite 300
Ann Arbor, MI 48104
Phone: (734) 929-4313
Email: blanchard@bwlawonline.com
hollander@bwlawonline.com
AK.UMIN CORP: Abellard Sues Over Illegal Medical-Debt Collection
----------------------------------------------------------------
Da'vid Abellard, Jr., on behalf of himself and all other similarly
situated v. AK.UMIN CORP. a foreign for profit corporation, Case
No. CACE-21-007620 (Fla. Cir. Ct., 17th Judicial, Broward Cty.,
April 14, 2021), is brought for damages, and other legal and
equitable remedies, resulting from the Defendant's violations of
the Florida Consumer Collection Practices Act ("FCCPA") due to
abusive and illegal medical-debt collection practices.
Specifically, the Defendant billed and collected the amount it was
entitled to from the Plaintiff's car insurance company, and then
attempted to collect the remainder, and in excess of the amount
permitted by Florida Law, directly from the Plaintiff individually.
The Plaintiff received personal medical treatment from the
Defendant for injuries suffered in an automobile accident. As such,
the alleged debt for services is a consumer debt, incurred for
personal, family, or household purposes. The Personal Injury
Protection ("PIP") Statue states that an insurer may limit
reimbursement to the schedule of maximum charges. For non-emergency
medical services, supplies, and care provided by a facility that is
not a hospital, the maximum reimbursement is 80% of 200% of the
participating physicians fee schedule of Medicare Part B, the
complaint asserts.
According to the complaint, the Defendant billed the Plaintiff's
PIP insurer, Liberty Mutual, $9,243.00 for services rendered. The
Plaintiff's PIP insurer made payments pursuant to the schedule of
maximum charges, totaling $4,305.78. By electing to bill the
Plaintiffs PIP insurer, the Defendant elected to limit its
reimbursement to the schedule of maximum charges. The Plaintiff's
maximum liability is $1,076.61. However, the Defendant Balance
Billed the Plaintiff, and claims it is entitled to payment of the
full balance. On January 20, 2021, the Defendant sent the Plaintiff
a bill for $4,937.22, nearly 5 times the amount permitted by
Florida statute.
This is improper because the existence of a secondary insurance
still does not permit the Defendant to bill amounts in excess of
the statutory maximums in the PIP Statute-in other words, the
Defendant cannot balance bill the Plaintiff or the Plaintiff's
medical insurance more than 20% of 200% of Medicare Part B. The
Defendant is familiar with Florida's PIP restrictions and had
actual knowledge that this debt was illegitimate. The Defendant
continues its collection effort against the Plaintiff, despite
knowing that the debt is illegitimate. As a result, the Plaintiff
has suffered damages, says the complaint.
The Plaintiff is a natural person and citizen of the state of
Florida.
The Defendant is a medical provider providing radiology services to
patients.[BN]
The Plaintiff is represented by:
Jordan A. Shaw, Esq.
Kimberly A. Slaven, Esq.
ZEBERKY PAYNE SHAW LEWENZ, LLP
110 SE 6th Street, Suite 2900
Fort Lauderdale, FL 33301
Phone: (954) 989-6333
Facsimile: (954) 989-7781
Primary Email: jshaw@zpllp.com;
kslaven@zpllp.com
Secondary Email: mlomastro@zpllp.com;
medmonson@zpllp.com
AMARYLLO INC: Duncan Files ADA Suit in E.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Amaryllo Inc. The
case is styled as Eugene Duncan, for himself and on behalf of all
other persons similarly situated v. Amaryllo Inc., Case No.
1:21-cv-02341 (E.D.N.Y., April 28, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Amaryllo -- https://www.amaryllo.us/ -- is the pioneer in AI as a
Service company.[BN]
The Plaintiff is represented by:
Justin A. Zeller, Esq.
THE LAW OFFICE OF JUSTIN ALEXANDER ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Phone: (212) 229-2249
Fax: (212) 229-2246
Email: jazeller@zellerlegal.com
AMAZON.COM INC: Faces Ackerman Suit Over E-Book Market Monopoly
---------------------------------------------------------------
JANET ACKERMAN, individually and on behalf of all others similarly
situated, Plaintiff v. AMAZON.COM, INC.; HACHETTE BOOK GROUP, INC.;
HARPERCOLLINS PUBLISHERS L.L.C.; MACMILLAN PUBLISHING GROUP, LLC;
SIMON & SCHUSTER, INC.; AND PENGUIN RANDOM HOUSE LLC, Defendants,
Case No. 1:21-cv-03411 (S.D.N.Y., April 19, 2021) alleges violation
of the Sherman Act.
According to the complaint, the U.S. book publishing industry is
dominated by the "Big Five": Defendants Hachette Book Group, Inc.
("Hachette"); HarperCollins Publishers L.L.C. ("HarperCollins");
Macmillan Publishing Group, LLC ("Macmillan"); Simon & Schuster,
Inc. ("Simon & Schuster"); and Penguin Random House LLC
("Penguin"). The Big Five have conspired with Amazon with respect
to the violations described herein during the entire conspiracy.
The Big Five publish "trade books," among others, which encompass
general interest fiction and non-fiction books, as opposed to
"non-trade" books such as academic textbooks, reference materials,
and other texts. The Big Five's trade books account for about 80%
of domestic trade book sales, the suit asserts.
Amazon and the Big Five entered into these alleged anticompetitive
agreements with the purpose and effect of injuring consumers by
eliminating price competition that Amazon would otherwise face and
raising e-book prices sold through Amazon's retail rivals above
competitive levels. Amazon's agreements with the Big Five
constitute an unreasonable restraint of trade that prevents
competitive pricing, limits innovation, and imposes overcharges on
Plaintiff and other consumers when they purchase the Big Five's
e-books from Amazon's competitors.
Amazon maintains monopoly power in the domestic retail trade e-book
market. Amazon has willfully acquired that monopoly power through
anticompetitive conduct, fixing the retail prices of trade e-books
at supracompetitive levels on both its own platform and those of
its competitors, added the suit.
Amazon.com, Inc. is an online retailer that offers a wide range of
products. The Company products include books, music, computers,
electronics and numerous other products. Amazon offers personalized
shopping services, Web-based credit card payment, and direct
shipping to customers. [BN]
The Plaintiff is represented by:
Kevin Landau, Esq.
Brett Cebulash, Esq.
TAUS, CEBULASH & LANDAU, LLP
80 Maiden Lane, Suite 1204
New York, NY 10038
Telephone: (646) 873-7654
Facsimile: (212) 931-0703
E-mail: klandau@tcllaw.com
bcebulash@tcllaw.com
-and-
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
Daniel J. Nordin, Esq.
Ling S. Wang, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
Facsimile: (612) 339-6622
E-mail: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
dnordin@gustafsongluek.com
lwang@gustafsongluek.com
-and-
Dianne M. Nast, Esq.
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
Telephone: (215) 923-9300
Facsimile: (215) 923-9302
E-mail: dnast@nastlaw.com
-and-
Simon Bahne Paris, Esq.
Patrick Howard, Esq.
SALTZ, MONGELUZZI & BENDESKY, P.C.
One Liberty Place, 52nd Floor
1650 Market Street
Philadelphia, PA 19103
Telephone: (215) 496-8282
Facsimile: (215) 496-0999
E-mail: sparis@smbb.com
phoward@smbb.com
AMERIFIRST FINANCIAL: Reed Files Suit in District of Arizona
------------------------------------------------------------
A class action lawsuit has been filed against Amerifirst Financial
Incorporated. The case is styled as Daniel Reed, on behalf of
himself and all other persons similarly situated v. Amerifirst
Financial Incorporated, an Arizona corporation, Case No.
2:21-cv-00728-DLR (D. Ariz., April 26, 2021).
The nature of suit is stated as Other Contract for Breach of
Contract.
Amerifirst Financial, Inc. -- https://amerifirstloan.com/ -- is
located in Mesa, Arizona and is part of the Mortgage Banking
Industry.[BN]
The Plaintiff is represented by:
Amy Marie Hoffman, Esq.
WILKINS LAW FIRM PLLC
3300 N Central Ave., Ste. 2600
Phoenix, AZ 85012
Phone: (602) 795-0789
Fax: (602) 224-6020
Email: awilkins@wilkinslaw.net
AMWEST INC: Flores Sues Over Unpaid Wages, Sexual Harassment
------------------------------------------------------------
LAUREN FLORES, individually and on behalf of all others similarly
situated, Plaintiff v. AMWEST, INC.; RUSSELL KINGSFORD; JEFFER
AGONCILLO; and DOES 1 through 25, inclusive, Defendants, Case No.
21STCV16066 (Cal. Super., Los Angeles Cty., April 28, 2021) is a
class action against the Defendants for violations of the
California Labor Code and the California Government Code including
sexual harassment in work environment, failure to prevent
harassment, retaliation, wrongful constructive termination,
intentional infliction of emotion distress, failure to pay all
hours worked, failure to provide appropriate overtime pay rate,
failure to provide appropriate sick-time pay rate, failure to
reimburse employee expense, failure to authorize and permit rest
breaks, failure to provide meal breaks, and failure to provide
accurate wage statements.
Ms. Flores worked at Amwest as emergency medical technician on
January 25, 2019 until September 7, 2020.
Amwest, Inc. is an owner and operator of an ambulance service
located at 13257 Saticoy St., North Hollywood, California. [BN]
The Plaintiff is represented by:
Dante T. Pride, Esq.
Jessica K. Pride, Esq.
THE PRIDE LAW FIRM
2831 Camino Del Rio South, Suite 104
San Diego, CA 92108
Telephone: (619) 516-8166
Facsimile: (619) 785-3414
E-mail: dpride@pridelawfirm.com
ipride@pridelawfirm.com
- and –
Justin Hewgill, Esq.
Eafon Cobb, Esq.
HEWGILL, COBB, & LOCKARD, APC
1620 Fifth Ave, #325
San Diego, CA 92101
Telephone: (619) 534-6762
E-mail: justin@hcl-lawfirm.com
APARTMENT MANAGEMENT: Martin Sues Over Failure to Pay Compensation
------------------------------------------------------------------
Turquoise Martin, an individual, on behalf of herself and all other
AGGRIEVED EMPLOYEES v. APARTMENT MANAGEMENT CONSULTANTS, L.L.C.;
SANDRA MCMURRAY, an individual; and DOES 1 through 100, inclusive,
Case No. 21VECV00527 (Cal. Super. Ct., Los Angeles Cty., April 16,
2021), is brought due to the violations of the California Labor
Code for: failure to pay overtime and double time; failure to
provide rest and meal periods; failure to pay minimum wage; failure
to keep accurate payroll records and provide itemized wage
statements; failure to pay all wages earned on time; failure to pay
all wages earned upon discharge or resignation; failure to provide
basic information at the time of hiring and when employment changes
occur; failure to reimburse necessary, business-related expenses;
failure to provide notice of paid sick time and accrual.
The Plaintiff regularly worked in excess of 8, and in excess of 12,
hours in a workday and/or 40 hours in a workweek. The Defendants
routinely required the Plaintiff to perform work tasks before
and/or after their scheduled shifts, and/or during off the-clock
meal breaks, and/or during rest breaks. As a consequence, the
Defendants willfully failed to pay the Plaintiff all of the wages
to which they were entitled, says the complaint.
The Plaintiff was employed by the Defendant as a Property Manager
from February 11, 2020 until December 31, 2020.
AMC, LLC is a comprehensive property management company, and have
over 160 properties and throughout California.[BN]
The Plaintiff is represented by:
Haig B. Kazandjian, Esq.
Cathy Gonzalez, Esq.
Kevin Crough, Esq.
HAIG B. KAZANDJIAN LAWYERS, APC
801 North Brand Boulevard, Suite 970
Glendale, CA 91203
Phone: 1-818-696-2306
Facsimile: 1-818-696-2307
Email: haig@hbklawyers.com
cathy@hbklawyers.com
kevin@hbklawyers.com
APPLE INC: Faces Smith Suit Over Product Misrepresentation
----------------------------------------------------------
Antoinette Smith, individually and on behalf of all others
similarly situated v. Apple Inc., Case No. 1:21-cv-03657 (S.D.N.Y.,
April 24, 2021), arises from the Defendant's misrepresentation of
the Product through affirmative statements, half-truths, and
omissions.
Recognizing the importance of water-protective features, the
International Electrotechnical Commission ("IEC") developed ingress
protection ("IP") standards. This allows manufacturers of
electronics to certify to purchasers that their devices are capable
of varying levels of resistance to dust and water, i.e., IP68. The
first digit ("6") corresponds to dust protection and the second
("8") to water protection.
The complaint alleges that the Defendant purported their
smartphones under the iPhone brand ("Products") to be capable of
sustaining limited contact and/or immersion in water for finite
period of time. Since the introduction of the iPhone 7 in 2016, the
Defendant has marketed its devices as offering no less than "IP67"
protection. The iPhone 8 is rated IP67, promising water resistance
to a depth of 1 meter for up to 30 minutes. The iPhone 11 Pro and
iPhone 11 Pro Max are rated IP68 under IEC standard 60529,
promising water resistance to a depth of 4 meters for up to 30
minutes. At its release, the iPhone 11 was described by the
Defendant as the most water-resistant iPhone that was not afraid of
splashes or even dips, resistant to double the depth of the prior
iPhone. The iPhone 12 models are rated IP68 under IEC standard
60529, promising water resistance to a depth of 6 meters for up to
30 minutes.
The Defendant's marketing and advertising emphasize the
water-resistance and impermeability of the devices to water by
showing them being splashed, immersed in water and/or hit with
powerful jets of water. Reasonable consumers viewing the
Defendant's marketing and advertising of the Products'
water-resistant qualities will expect they can sustain contact with
water through splashes and/or immersions, in accordance with the IP
certification level of their device. Defendant fails to clarify the
differences between water-proof and water resistant, and its
marketing and promotions conflate the two in the perceptions of
consumers. This is due in part to the emphasis on maximum depth and
the time limit the devices are capable of "resisting" – avoiding
harm from – water.
Reasonable consumers are unable to perceive the artificial
distinction that the Defendant has established between water
resistant and impermeable to water. Reasonable consumers must and
do rely on defendant to honestly describe the components and
features of the Products. The Defendant misrepresented the Product
through affirmative statements, half-truths, and omissions. The
Defendant sold more of the Products and at a higher prices than it
would have in absence of this misconduct, resulting in additional
profits at the expense of consumers.
Had Plaintiff and proposed class members known the truth, they
would not have bought the Product or would have paid less for it.
Plaintiff paid more for the Product based on the representations
than she would have otherwise paid. As a result of the false and
misleading representations, the Products are sold at premium
prices, says the complaint.
The Plaintiff Antoinette Smith is a citizen of Bronx, New York.
Apple Inc. manufactures, markets and sells smartphones under the
iPhone brand.[BN]
The Plaintiff is represented by:
Spencer Sheehan
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 409
Great Neck NY 11021-3104
Phone: (516) 268-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
ARCH INSURANCE: McMenamin Suit Transferred to E.D. Pennsylvania
---------------------------------------------------------------
The case styled as James McMenamin, Jr., Jessica McMenamin, Jeffrey
Gordon, Cindy Gordon, John Burnett, on behalf of themselves and all
others similarly situated v. Arch Insurance Company, Arch Insurance
Solutions, Inc., Case No. 2:20-cv-01262 was transferred from the
U.S. District Court for the Western District of Pennsylvania, to
the U.S. District Court for the Eastern District of Pennsylvania on
April 26, 2021.
The District Court Clerk assigned Case No. 2:21-cv-01911-GAM to the
proceeding.
The nature of suit is stated as Other Contract for Insurance
Contract.
Arch Insurance -- https://insurance.archcapgroup.com/ -- is a
market-leading insurer, providing a wide range of property,
casualty and specialty insurance options for corporations,
professional firms and financial institutions.[BN]
The Plaintiffs are represented by:
Gary F. Lynch, Esq.
CARLSON LYNCH, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Phone: (412) 322-9243
Fax: (412) 231-0246
Email: glynch@carlsonlynch.com
The Defendants are represented by:
Markham R. Leventhal, Esq.
CARLTON FIELDS
1025 Thomas Jefferson Street, N.W., Suite 400 West
Washington, DC 20007
Phone: (202) 965-8189
Fax: (202) 965-8104
- and -
Michael Wolgin, Esq.
CARLTON FIELDS, P.A.
100 SE 2nd Street, Ste. 4200
Miami, FL 33131
Phone: (305) 347-6880
- and -
Thomas Francis Lucchesi, Esq.
STRADLEY RONON STEVENS & YOUNG LLP
2000 K Street N.W., Suite 700
Washington, DC 20006
Phone: (202) 507-6401
Email: tlucchesi@stradley.com
ARCH INSURANCE: Xponential Sues Over Insurance Coverage Denial
--------------------------------------------------------------
Xponential Fitness LLC, Club Pilates Franchise LLC, Cyclebar
Franchising LLC, Stretch Lab Franchise LLC, Row House Franchise
LLC, PB Franchising LLC, Yoga Six Franchise LLC, AKT Franchise LLC,
Stride Franchise LLC, David Wolk, Jay Jasunas, Steve Hitzemann,
Seth Wardell, Daniel Sutherin, and Brian Davis, individually, and
on behalf of other similarly situated insureds v. ARCH INSURANCE
COMPANY, Case No. 4:21-cv-00268-BCW (W.D. Mo., April 23, 2021), is
brought arising out of the Defendant's failure to provide insurance
coverage caused by the novel Coronavirus Pandemic ("COVID-19") and
the resulting orders by state and local governments that required
Plaintiffs to close their respective businesses for specified
periods of time. Ultimately, the orders by state and local
governments caused Plaintiffs to suffer physical loss and damage to
their properties and have interrupted their respective businesses.
According to the complaint, the Plaintiffs' operations--through no
fault of their own--have been and continue to be curtailed,
suspended, and threatened by the novel coronavirus, SARS-CoV-2,
which causes the infectious disease COVID-19. To protect their
businesses in the event that they suddenly had to suspend
operations for reasons outside of their control or to prevent
further property damage, the Plaintiffs each purchased insurance
coverage from the Defendant, which includes, but is not limited to,
coverage for property loss and loss of business income and certain
extra expenses.
The Plaintiffs were insured under the same program by the Defendant
and were issued policies that were materially identical for the
coverages that the Plaintiffs seek in this lawsuit. Specifically,
the Defendant's insurance policy provides coverage for "Business
Income and Extra Expense," which promises to pay for actual loss
due to the necessary suspension of operations caused by, among
other things, accidental physical loss or accidental physical
damage to the covered property. The Defendant's insurance policy
relating to coverage for "Extra Expense" promises to pay the
necessary expenses incurred to avoid or minimize the suspension of
business and to continue operations curtailed by "action of civil
authority that prohibits access" to the applicable premises. The
Defendant's insurance policy provides "Business Income" coverage
and "Extra Expense" coverage during a "Period of Restoration,"
which begins with the date of loss and ends when the property can
be repaired or replaced under the circumstances, asserts the
complaint.
In response to the various orders by the civil authorities, the
Plaintiffs not only suspended their business services to comply
with the orders, but they also took necessary steps to prevent
further damage and minimize the ill-effects of the suspension of
business to allow for continued operations. The Plaintiffs also
submitted timely claims to the Defendant under the Arch Insurance
Policy to receive coverage under the applicable provisions for
business income, extra expense, and loss to property.
Nevertheless, and in violation of the Arch Insurance Policy, the
Defendant, on a widescale and uniform basis, refused to pay the
Plaintiffs and similarly situated insureds under the policies'
Business Income and Extra Expense coverages for losses caused by
the orders mandated by civil authorities in response to COVID-19.
In particular, Arch Insurance Company has failed to honor claims
submitted by the Plaintiffs under their policies on the blanket
basis that its policies do not cover losses arising from the
pandemic because COVID-19 does not give rise to any physical loss
or damage, says the complaint.
The Plaintiffs own and operate general and specialized fitness
studios nationwide.
Arch Insurance Company, is an insurance company domiciled in
Missouri.[BN]
The Plaintiffs are represented by:
Kristie L. Welder, Esq.
WELDER BLUNT WELDER & ASSOCIATES, LLC.
2001 Grand Boulevard, Suite 300
Kansas City, MO 64108
Phone: (844) 935-3373
Fax: (844) 935-3373
Email: kwelder@welderfirm.com
- and -
Michael O. Fawaz, Esq.
HOWARD & HOWARD ATTORNEYS PLLC
450 West Fourth Street
Royal Oak, MI 48067
Phone: (248) 645-1483
Fax: (248) 645-1568
Email: mal@h2law.com
jvanfleet@howardandhoward.com
mof@h2law.com
cls2@h2law.com
kms@h2law.com
- and -
Christopher R. Mosley, Esq.
SHERMAN & HOWARD
633 Seventeenth Street, Suite 3000
Denver, CO 80202
Phone: (303) 297-2900
Fax: (303) 298-0940
Email: cmosley@shermanhoward.com
ARCIMOTO INC: Faces Barnette Suit Over Drop in Share Price
----------------------------------------------------------
DAVID BARNETTE, individually and on behalf of all others similarly
situated, Plaintiff v. ARCIMOTO INC.; MARK FROHNMAYER; and DOUGLAS
M. CAMPOLI, Defendants, Case No. 1:21-cv-02143 (E.D.N.Y., April 19,
2021) alleges violation of the Securities Exchange Act of 1934.
According to the complaint, Arcimoto stated in press releases from
2018 to 2020 that they had received preorders for their Fun Utility
Vehicle ("FUV"). Arcimoto stated that it received over 400
preorders in total. Arcimoto further generated excitement for their
vehicles by announcing pilot programs with various entities.
Allegedly, the Defendants' press releases were materially false and
misleading because they misrepresented and failed to disclose the
following adverse facts pertaining to the Company's business,
operational and financial results, which were known to Defendants
or recklessly disregarded by them. Specifically, Defendants made
false and misleading statements and failed to disclose that: (1)
the preorders of Arcimoto's FUVs were fabricated or never
completed, with only 19 units delivered out of an alleged preorder
of 422; (2) Arcimoto failed to disclose to customers that nearly
100% of its vehicles delivered were under safety recall; (3)
Arcimoto's largest customer, R-Key-Moto, was an undisclosed related
party owned by insider FOD Capital, LLC; (4) Arcimoto's partnership
with HULA was an undisclosed related party transaction; and (5) as
a result, defendants' public statements were materially false and
misleading at all relevant times.
As a result of the Defendants' alleged wrongful acts and omissions,
and the precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages.
Arcimoto, Inc. develops and manufactures passenger vehicles. The
Company offers ultra-efficient and affordable electric vehicles to
help the world shift to a sustainable transportation system. [BN]
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Ave., 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
E-mail: pkim@rosenlegal.com
lrosen@rosenlegal.com
ARIZONA: D.H. Appeals Preliminary Injunction Bid Denial to 9th Cir.
-------------------------------------------------------------------
Plaintiffs D. H., by and through his mother, Janice
Hennessy-Waller, et al., filed an appeal from a court ruling
entered in the lawsuit entitled D.H., by and through his mother,
Janice Hennessy-Waller; and John Doe, by his guardian and next
friend, Susan Doe, on behalf of themselves and all others similarly
situated, v. Jami Snyder, Director of the Arizona Health Care Cost
Containment System, in her official capacity, Case No.
4:20-cv-00335-SHR, in the U.S. District Court for the District of
Arizona, Tucson.
The Plaintiffs are a class of transgender young people in Arizona
who depend on the State for health insurance. Unfortunately,
Arizona refuses to provide the medically necessary and urgent
surgical care these transgender Medicaid recipients require, the
Plaintiffs say.
The Plaintiffs seek a review of the Court's Order dated March 30,
2021, denying their motion for preliminary injunction. Plaintiffs
D.H. and John Doe's Motion for Preliminary Injunction is asking the
Court to enjoin Defendant Jami Snyder, Director of the Arizona
Health Care Cost Containment System (AHCCCS) "from further
enforcement of" a regulation that excludes gender reassignment
surgery from coverage and to "order AHCCCS to cover male chest
reconstruction surgery for D.H. and John."
The appellate case is captioned as D. H., et al v. Jami Snyder,
Case No. 21-15668, in the United States Court of Appeals for the
Ninth Circuit, filed on April 19, 2021.
The briefing schedule in the Appellate Case states that:
-- the opening brief and excerpts of record are due not later
than May 14, 2021;
-- the answering brief is due on June 11, 2021 or 28 days after
service of the opening brief, whichever is earlier; and
-- the optional reply brief is due within 21 days after service
of the answering brief. [BN]
Plaintiffs-Appellants D. H., by and through his mother, Janice
Hennessy-Waller; and JOHN DOE, by his guardian and next friend,
Susan Doe, on behalf of themselves and all others similarly
situated, are represented by:
Daniel Clayton Barr, Esq.
Janet Marie Howe, Esq.
PERKINS COIE
2901 North Central Avenue, Suite 2000
Phoenix, AZ 85012-2788
Telephone: (602) 351-8085
E-mail: dbarr@perkinscoie.com
jhowe@perkinscoie.com
- and -
Abbi Coursolle, Esq.
NATIONAL HEALTH LAW PROGRAM
3701 Wilshire Blvd. Suite 750
Los Angeles, CA 90010
Telephone: (310) 736-1652
E-mail: coursolle@healthlaw.org
- and -
Asaf Orr, Esq.
NATIONAL CENTER FOR LESBIAN RIGHTS
870 Market Street, Suite 370
San Francisco, CA 94102
Telephone: (415) 392-6257
E-mail: aorr@nclrights.org
- and -
Brent P. Ray, Esq.
KING & SPALDING LLP
110 N Wacker Drive, Suite 3800
Chicago, IL 60606
Telephone: (312) 764-6925
E-mail: bray@kslaw.com
Defendant-Appellee JAMI SNYDER, Director of the Arizona Health Care
Cost Containment System, in her official capacity, is represented
by:
David Barton, Esq.
Kathryn Hackett King, Esq.
BURNSBARTON PLC
2201 East Camelback Road, Suite 360
Phoenix, AZ 85016
Telephone: (602) 753-4500
E-mail: david@burnsbarton.com
kate@burnsbarton.com
- and -
Logan Johnston, Esq.
JOHNSTON LAW OFFICES PLC
1402 E. Mescal St.
Phoenix, AZ 85020
Telephone: (602) 452-0600
E-mail: ltjohnston@live.com
ARRIVIA INC: Rowan Files TCPA Suit in District of Delaware
----------------------------------------------------------
A class action lawsuit has been filed against Arrivia Inc., et al.
The case is styled as Nathan Rowan, Individually and On Behalf of
All Others Similarly Situated v. Arrivia Inc., a Delaware
Corporation; Allen Marketing Group, Inc., a Utah Corporation; Case
No. 1:21-cv-00587-UNA (D. Del., April 27, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Arrivia, Inc. -- https://www.arrivia.com/ -- of the United States
provides travel and loyalty solutions.[BN]
The Plaintiff is represented by:
Jared Thomas Green, Esq.
SEITZ, VAN OGTROP & GREEN, P.A.
222 Delaware Avenue, Suite 1500
P.O. Box 68
Wilmington, DE 19899
Phone: (302) 888-0600
Email: jtgreen@svglaw.com
ARS NATIONAL: Faces Smekodub Suit Over Disclosure of Alleged Debt
-----------------------------------------------------------------
JULIE SMEKODUB, individually and on behalf of all others similarly
situated, Plaintiff v. ARS NATIONAL SERVICES INC., Defendant, Case
No. 1:21-cv-02304-PKC-VMS (E.D.N.Y., April 27, 2021) is a class
action against the Defendant for violation of the Fair Debt
Collections Practices Act by disclosing the Plaintiff's alleged
debt to Citibank, N.A. and other sensitive information to
Compumail, a mail house located in Southington, Connecticut,
without prior consent.
ARS National Services Inc. is a debt collection agency with its
principal office located at 270 West 2nd Avenue, Escondido,
California. [BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Telephone: (732) 695-3282
Facsimile: (732) 298-6256
E-mail: YZelman@marcuszelman.com
ASCENSION HEALTH: Fisher Verifies Stockholder Class Suit in Del.
----------------------------------------------------------------
In the putative class action lawsuit PEMBROKE PINES FIREFIGHTERS &
POLICE OFFICERS PENSION FUND, derivatively on behalf of R1 RCM
INC., and on behalf of themselves and all other similarly situated
stockholders of R1 RCM INC., Plaintiffs v. ASCENSION HEALTH
ALLIANCE, TOWERBROOK CAPITAL PARTNERS L.P., TCP-ASC ACHI SERIES
LLLP and R1 RCM INC., Defendants, and R1 RCM INC., Nominal
Defendant, Case No. 2021-0334, James A. Fisher filed with the Court
of Chancery of the State of Delaware an affidavit and verification
in connection with the filing of a Verified Class Action Complaint
on April 19, 2021.
Mr. Fisher discloses that he is a plan administrator of Plaintiff
Pembroke Pines Firefighters & Police Officers Pension Fund and a
continuous holder of R1 RCM Inc. common stock at the time of the
wrongs complained of in the verified stockholder derivative and
class action complaint and that he is authorized to make this
declaration on behalf of the Fund. He avers that the facts alleged
in the Complaint are true and correct to the best of his knowledge,
information, and belief.
In accordance with Delaware Court of Chancery Rules 23 and 23.1,
Mr. Fisher says he has not received, been promised or offered, and
will not accept any form of compensation, directly or indirectly,
for prosecuting or serving as a representative party in this action
except for: (a) such fees, costs or other payments as the Court
expressly approves to be paid to or on behalf of himself or R1; and
(b) reimbursement, paid by his attorneys, of actual and reasonable
out-of-pocket expenditures incurred directly in connection with the
prosecution of the action.[BN]
ASCENT HOME: Hammer FLSA Class Suit Removed to W.D. Oklahoma
------------------------------------------------------------
The case styled JAMES HAMMER and CARL WILLIAMS, individually and on
behalf of all others similarly situated v. ASCENT HOME HEALTH AND
HOSPICE, INC. d/b/a COHESIVE HEALTHCARE, Case No. CJ-2021-78, was
removed from the District Court of Pottawatomie County, Oklahoma,
to the U.S. District Court for the Western District of Oklahoma on
April 27, 2021.
The Clerk of Court for the Western District of Oklahoma assigned
Case No. 5:21-cv-00398-G to the proceeding.
The case arises from the Defendant's failure to pay overtime
compensation in violation of the Fair Labor Standards Act.
Ascent Home Health and Hospice, Inc., doing business as Cohesive
Healthcare, is a home health care services provider based in
Roland, Oklahoma. [BN]
The Defendant is represented by:
Courtney Bru, Esq.
MCAFEE & TAFT, P.C.
Williams Center Tower II
Two West Second Street, Suite 1100
Tulsa, OK 74103
Telephone: (918) 574-3052
Facsimile: (918) 574-3152
E-mail: courtney.bru@mcafeetaft.com
AXISPOINT LLC: Sends Unsolicited Telemarketing Calls, Camerman Says
-------------------------------------------------------------------
HALE CAMERMAN, individually and on behalf of all others similarly
situated, Plaintiff v. AXISPOINT LLC, d/b/a AXIS AUTO PROTECTION;
and SUNPATH LTD, Defendants, Case No. 0:21-cv-60907 (S.D. Fla.,
April 28, 2021) is a class action against the Defendants for
violations of the Telephone Consumer Protection Act.
According to the complaint, the Defendants contacted the
Plaintiff's and Class members' cellular telephones in an attempt to
sell their vehicle service contracts without prior express
consent.
Axispoint LLC, doing business as Axis Auto Protection, is a company
that sells vehicle service contracts, with its principal address at
7519 Mexico Rd., St. Peters, Missouri.
Sunpath LTD is a company that sells vehicle service contracts, with
its principal address at 50 Braintree Hill Office Park, Suite 310,
Braintree, Massachusetts. [BN]
The Plaintiff is represented by:
Seth M. Lehrman, Esq.
EDWARDS POTTINGER LLC
425 North Andrews Avenue, Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524-2820
Facsimile: (954) 524-2822
E-mail: seth@epllc.com
- and –
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Fort Lauderdale, FL 33301
Telephone: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
BACKROADS: Yoshida Sues Over Failure to Prevent Data Breach
-----------------------------------------------------------
Kyle Allen Banta Yoshida, an individual and California resident, on
behalf of himself and all others similarly situated v. BACKROADS, a
California corporation, Case No. 4:21-cv-03034 (N.D. Cal., April
26, 2021), is brought against the Defendant as a result of the
Defendant's failure to: (i) adequately protect its employees' and
former employees' Personal Information, (ii) warn employees and
former employees of its inadequate information security practices,
and (iii) effectively monitor its information systems for security
vulnerabilities and incidents. Defendant's conduct amounts to
negligence and violates several California statutes.
According to the complaint, on November 19, 2020, Backroads
notified its employees and former employees, and state Attorneys
General about a data breach occurring in or around October 2020,
which it initially detected on October 2, 2020. The Data Breach
involved employees' and former employees' "name, date of birth,
Social Security number, government issued ID (passport or driver's
license, if provided to Backroads), financial account information
and health insurance information, if obtained through Backroads."
As a matter of course, and on an ongoing basis, Backroads collected
its employees' sensitive personal and financial information,
including names, addresses, Social Security numbers, bank account
numbers, and other personal and financial information as a
condition of their employment. Accordingly, Backroads had an
obligation to secure that information by implementing reasonable
and appropriate safeguards compliant with industry-standard data
security practices.
As a result of Backroads' failure to protect the information with
which it was entrusted to safeguard, Plaintiff and Class members
have already suffered harm and have been exposed to a significant
risk of identity theft, financial fraud, and other identity-related
fraud for years to come. This Personal Information was compromised
due to Backroads' negligent and/or careless acts and omissions and
the failure to protect employees' and former employees' data. The
stolen Personal Information has great value to hackers due to the
numbers involved: It is likely that thousands of people--residents
of many states--were affected by this Breach, the complaint
asserts.
The Plaintiff worked for Backroads from approximately July 2017 to
September 2018, as a systems administrator, reporting to the
Director of Information Technology.
Backroads is an adventure travel company, offering packaged
international adventure trips such as biking tours, walking and
hiking trips, family adventures, and multi-sport trips, as well as
travel support, tips, and reviews.[BN]
The Plaintiff is represented by:
Michael F. Ram, Esq.
Marie N. Appel, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Phone: (415) 358-6913
Facsimile: Phone: (415) 358-6293
Email: mram@forthepeople.com
mappel@forthepeople.com
- and -
John A. Yanchunis, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 N. Franklin St., 7th Floor
Tampa, FL 33602
Phone: (813) 223-5505
Facsimile: (813) 223-5402
Email: jyanchunis@forthepeople.com
ramen@forthepeople.com
BAYER HEALTHCARE: Faces Borchek Suit Over Mislabeled Flea Collars
-----------------------------------------------------------------
JENNIFER BORCHEK; and LAUREN SKURKIS, individually and on behalf of
all others similarly situated, Plaintiffs v. BAYER HEALTHCARE LLC;
and ELANCO ANIMAL HEALTH, INC., Defendants, Case No. 1:21-cv-02099
(N.D. Ill., April 19, 2021) alleges that the Defendants failed to
mention the health risk in the labeling, packaging, advertising,
merchandising, and promotional materials of Seresto flea collars.
According to the complaint, Seresto flea collars were advertised to
pet-owning consumers and labeled as a safe way to prevent flea and
ticks for dogs and cats. But Seresto flea collars were not safe as
they have been linked to almost 1,700 pet deaths, over 75,000
incidents involving pet harm, and nearly 1,000 incidents involving
human harm. Despite this, their makers continued to tout their
safety and conceal their risks, the suit asserts.
Allegedly, the packaging and labeling for Seresto flea collars and
the marketing, advertising, and promotional materials for Seresto
flea collars contained no disclaimer warning that the risks of
toxicity may be so great that they could be responsible for
incidents involving harm to pets and humans.
Bayer Healthcare LLC discovers and manufactures healthcare and
medical products. The Company offers products and services such as
pharmaceuticals, blood glucose monitoring systems, lancing devices,
oral contraceptives, and diagnostic testing. [BN]
The Plaintiffs are represented by:
Todd C. Werts, Esq.
Bradford B. Lear, III, Esq.
Todd C. Werts, Esq.
Anthony J. Meyer, Esq.
LEAR WERTS LLP
103 Ripley Street
Telephone: (573) 875-1991
Facsimile: (573) 279-0024
E-mail: lear@learwerts.com
werts@learwerts.com
meyer@learwerts.com
BAYERHEALTHCARE LLC: Bomwell Files Suit in D. New Jersey
--------------------------------------------------------
A class action lawsuit has been filed against Bayer Healthcare LLC,
et al. The case is styled as Rhonda Bomwell, Larry Sites,
individually, and on behalf of a class of similarly situated
individuals v. Bayer Healthcare LLC, BAYER U.S. LLC, both formerly
doing business as Bayer Animal Health Division; Bayer Corporayio
agent of Bayer Animal Health Division; ELANCO ANIMAL HEALTH INC.
also known as: PETBASICS; ELANCO U.S., INC. also known as:
PETBASICS;ABC CORP (1-100) Case No. 2:21-cv-09479-CCC-JSA (D.N.J.,
April 15, 2021).
The nature of suit is stated as Other Personal Property.
Bayer Healthcare LLC -- https://pharma.bayer.com/ -- discovers and
manufactures healthcare and medical products.[BN]
The Plaintiff is represented by:
Brian Robert Morrison, Esq.
TADLER LAW LLP
one ennsylvania Plaza, 36th Fl.
New York, NY 10119
Phone (646) 924-1040
Email: bmorrison@tadlerlaw.com
- and -
David Michael Estes, Esq.
MAZIE SLATER KATZ & FREEMAN
103 Eisenhower Parkway
Roseland, NJ 07068
Phone (973) 228-9898
Email: destes@mskf.net
BEECH-NUT NUTRITION: Loggins Suit Moved From M.D. Fla. to N.D.N.Y.
------------------------------------------------------------------
The case styled JESSICA LOGGINS, individually and on behalf of all
others similarly situated v. BEECH-NUT NUTRITION COMPANY, Case No.
6:21-cv-00442, was transferred from the U.S. District Court for the
Middle District of Florida to the U.S. District Court for the
Northern District of New York on April 28, 2021.
The Clerk of Court for the Northern District of New York assigned
Case No. 1:21-cv-00483-BKS-DJS to the proceeding.
The case arises from the Defendant's alleged unjust enrichment,
breach of express warranty, breach of implied warranty of
merchantability, and violations of the Florida's Deceptive and
Unfair Trade Practices Act by advertising, labeling, and marketing
its baby food products under the brand name Beech-Nut as organic
and free from artificial preservatives, colors, and flavors when in
fact the products contain heavy metals.
Beech-Nut Nutrition Company is a baby food company headquartered in
Amsterdam, New York. [BN]
The Plaintiff is represented by:
William Wright, Esq.
THE WRIGHT LAW OFFICE, P.A.
301 Clematis Street, Suite 3000
West Palm Beach, FL 33410
Telephone: (561) 514-0904
Facsimile: (561) 514-0905
E-mail: willwright@wrightlawoffice.com
- and –
Daniel Faherty, Esq.
TELFER, FAHERTY, & ANDERSON, PL
815 S. Washington Avenue, Suite 201
Titusville, FL 32780
Telephone: (321) 269-6833
Facsimile: (321) 383-9970
E-mail: danfaherty@hotmail.com
BEES LIGHTING: Website Not Blind Accessible, Nisbett Suit Says
--------------------------------------------------------------
Kareem Nisbett, Individually and on behalf of all other persons
similarly situated v. BEES LIGHTING, Case No. 1:21-cv-03374-PAE
(S.D.N.Y., April 16, 2021), is brought against the Defendant for
its failure to design, construct, maintain, and operate its
website, www.beeslighting.com, to be fully accessible to and
independently usable by the Plaintiff and other blind or visually
impaired people, in violation of the Americans With Disabilities
Act, New York State Human Rights Law, and New York City Human
Rights Law.
The Defendant denies full and equal access to its Website. The
Defendants' policy and practice to deny the Plaintiff and other
blind or visually-impaired users access to their Website, thereby
denying the facilities and services that are offered and integrated
with the Defendant's rental services. Due to its failure and
refusal to remove access barriers to its Website, the Plaintiff and
visually-impaired persons have been and are still being denied
equal access to the Defendant's rental services and the numerous
facilities, goods, services, and benefits offered to the public
through its Website, says the complaint.
The Plaintiff is a blind, visually-impaired handicapped person.
The Defendant is a retailer of lighting, electrical accessories,
bathroom fans, smoke alarms and similar items for homes and
offices.[BN]
The Plaintiff is represented by:
Christopher H. Lowe, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10017-6705
Phone: 212.392.4772
Email: chris@lipskylowe.com
BIOLITE INC: Duncan Files ADA Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Biolite, Inc. The
case is styled as Eugene Duncan, for himself and on behalf of all
other persons similarly situated v. Biolite, Inc., Case No.
1:21-cv-02337 (E.D.N.Y., April 28, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
BioLite -- https://www.bioliteenergy.com/ -- a startup based in New
York City founded in 2006, develops and manufactures off-grid
energy products for both the outdoor recreational industry and
emerging markets.[BN]
The Plaintiff is represented by:
Justin A. Zeller, Esq.
THE LAW OFFICE OF JUSTIN ALEXANDER ZELLER, P.C.
277 Broadway, Suite 408
New York, NY 10007
Phone: (212) 229-2249
Fax: (212) 229-2246
Email: jazeller@zellerlegal.com
BITGO INC: Sanchez Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against BitGo, Inc. The case
is styled as Cristian Sanchez, on behalf of himself and all others
similarly situated v. BitGo, Inc., Case No. 1:21-cv-03734
(S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
BitGo -- https://www.bitgo.com/ -- is the leader in institutional
digital asset custody, trading, and finance.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
C.TECH COLLECTIONS: Kroub Sues Over Disclosure of Alleged Debt
--------------------------------------------------------------
JULIE KROUB, individually and on behalf of all others similarly
situated, Plaintiff v. C.TECH COLLECTIONS, INC., Defendant, Case
No. 1:21-cv-02307-EK-PK (E.D.N.Y., April 27, 2021) is a class
action against the Defendants for violation of the Fair Debt
Collections Practices Act.
The case arises from the Defendant's alleged by disclosure of the
Plaintiff's alleged debt to Nyu Langone Physician Services and
other confidential information to Revspring, a commercial mail
house located in Ann Arbor, Michigan, without prior consent.
C.Tech Collections, Inc. is a debt collection agency, with its
principal office located at 5505 Nesconset Highway, Suite 200, Mt.
Sinai, New York. [BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Telephone: (732) 695-3282
Facsimile: (732) 298-6256
E-mail: YZelman@marcuszelman.com
CANDY NATION: Sosa Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Candy Nation LLC. The
case is styled as Yony Sosa, on behalf of himself and all other
persons similarly situated v. Candy Nation LLC, Case No.
1:21-cv-03790 (S.D.N.Y., April 28, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Candy Nation LLC -- https://www.candynation.com/ -- is located in
Pottstown, Pennsylvania and is part of the Specialty Food Stores
Industry.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
CAREFIRST BLUECHOICE: Denies Embryo Thawing Coverage, Skipper Says
------------------------------------------------------------------
MATTHEW and JAMIE SKIPPER, individually and on behalf of all others
similarly situated, Plaintiffs v. CAREFIRST BLUECHOICE, INC.,
Defendant, Case No. 8:21-cv-01022-PWG (D. Md., April 27, 2021) is a
class action against the Defendant for violation of Maryland
Consumer Protection Act.
The case arises from the Defendant's alleged misrepresentations and
omissions in its insurance policy by failing to disclose to
consumers, including the Plaintiffs, that its policy does not cover
embryo thawing. The Defendant denied the Plaintiffs' claim for
embryo thawing coverage without explanation for the denial, says
the suit.
Carefirst Bluechoice, Inc. is an insurance company, with its
principal place of business in the District of Columbia. [BN]
The Plaintiffs are represented by:
Courtney L. Weiner, Esq.
LAW OFFICE OF COURTNEY WEINER PLLC
1629 K Street NW, Suite 300
Washington, DC 20006
Telephone: (202) 827-9980
E-mail: cw@courtneyweinerlaw.com
- and –
Todd D. Lochner, Esq.
LOCHNER LAW FIRM, P.C.
91 Main St., 4th Fl.
Annapolis, MD 21401
Telephone: (443) 716-4400
E-mail: tlochner@lochnerlawfirm.com
CARGUARD ADMINISTRATION: Connor Sues Over Unwanted Telephone Calls
------------------------------------------------------------------
JAMES VAN CONNOR, individually and on behalf of all others
similarly situated, Plaintiff v. CARGUARD ADMINISTRATION, INC. and
ZANGA AUTO PROTECTION LLC, Defendants, Case No. 2021CP1001966 (S.C.
Ct. Com. Pl., 9th Jud. Ct., Charleston Cty., April 28, 2021) is a
class action against the Defendants for violations of the South
Carolina Telephone Privacy Protection Act.
According to the complaint, Defendant Zanga contacted the telephone
numbers of the Plaintiff and Class members that were listed on
National Do Not Call Registry in an attempt to promote CarGuard
services without prior express consent. Defendant CarGuard had
day-to-day control over Zanga's actions, including the ability to
prohibit it from using telemarketing to contact potential customers
of CarGuard. CarGuard failed to make such an instruction to Zanga,
and as a result, is liable for Zanga's conduct, the suit alleges.
CarGuard Administration, Inc. is an auto service contract company
based in Kansas.
Zanga Auto Protection LLC is a company that provides auto
protection services. [BN]
The Plaintiff is represented by:
David A. Maxfield, Esq.
DAVE MAXFIELD, ATTORNEY, LLC
P.O. Box 11865
Columbia, SC 29211
Telephone: (803) 509-6800
Facsimile: (855) 299-1656
E-mail: dave@consumerlawsc.com
- and –
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
E-mail: anthony@paronichlaw.com
- and –
Avi R. Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
CARUSO MANAGEMENT: Mason Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Portia Mason, individually and on behalf of all others similarly
situated v. CARUSO MANAGEMENT COMPANY, LTD., A CALIFORNIA LIMITED
PARTNERSHIP d/b/a THE GROVE; and Does 1 to 10, inclusive, Case No.
2:21-cv-03559-DMG-PD (C.D. Cal., April 26, 2021), is brought to
secure redress against the Defendants for its failure to design,
construct, maintain, and operate its website to be fully and
equally accessible to and independently usable by the Plaintiff and
other blind or visually impaired people.
The Defendants' denial of full and equal access to its website, and
therefore denial of its products and services offered thereby and
in conjunction with its physical locations, is a violation of the
Plaintiff's rights under the Americans with Disabilities Act and
California's Unruh Civil Rights Act. Because the Defendants'
website, https://thegrovela.com/, is not fully or equally
accessible to blind and visually impaired consumers in violation of
the ADA, the Plaintiff seeks a permanent injunction to cause a
change in the Defendants' corporate policies, practices, and
procedures so that the Defendants' website will become and remain
accessible to blind and visually impaired consumers, says the
complaint.
The Plaintiff is a visually impaired and legally blind person who
requires screen reading software to read website content using her
computer.
The Defendant's website provides consumers access to a mix of
retail, restaurants, and entertainment in an open-air environment
pulsing with style and energy.[BN]
The Plaintiff is represented by:
Thiago Coelho, Esq.
Jasmine Behroozan, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Phone: (213) 381-9988
Facsimile: (213) 381-9989
Email: thiago@wilshirelawfirm.com
jasmine@wilshirelawfirm.com
CENTERRA GROUP: Monarrez Labor Suit Removed to C.D. California
--------------------------------------------------------------
The case styled JEANNIE MONARREZ, individually and on behalf of all
others similarly situated v. CENTERRA GROUP, LLC, CENTERRA SERVICES
INTERNATIONAL, INC., WACKENHUT SERVICES, INC., G4S GOVERNMENT
SOLUTIONS, INC., and DOES 1 through 100, inclusive, Case No.
21STCV07215, was removed from the Superior Court of the State of
California in and for the County of Los Angeles to the U.S.
District Court for the Central District of California on April 28,
2021.
The case arises from the Defendants' alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay overtime, failure to provide meal
periods and/or pay meal period premiums, failure to provide rest
periods and/or pay rest period premiums, failure to pay minimum
wages, failure to pay wages to terminated or separated employees,
failure to provide accurate itemized wage statements, failure to
keep requisite payroll records, failure to reimburse necessary
business expenses, and unfair business practices.
Centerra Group, LLC is a provider of military services based in
Herndon, Virginia.
Centerra Services International, Inc. is a company that provides
detective, guard, and armored car services based in Herndon,
Virginia.
Wackenhut Services, Inc. is a security guard services company based
in Las Vegas, Nevada.
G4S Government Solutions, Inc. is a security services company based
in Las Vegas, Nevada. [BN]
The Defendants are represented by:
Sabrina A. Beldner, Esq.
Amy E. Beverlin, Esq.
MCGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Telephone: (310) 315-8200
Facsimile: (310) 315-8210
E-mail: sbeldner@mcguirewoods.com
abeverlin@mcguirewoods.com
- and –
Sylvia J. Kim, Esq.
MCGUIREWOODS LLP
2 Embarcadero Center, Suite 1300
San Francisco, CA 94111
Telephone: (415) 844-9944
Facsimile: (415) 844-9922
E-mail: skim@mcguirewoods.com
CITY SPORTS: Sanchez Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against City Sports USA Inc.
The case is styled as Cristian Sanchez, on behalf of himself and
all others similarly situated v. City Sports USA Inc., Case No.
1:21-cv-03735 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
City Sports -- https://www.citysports.com/ -- is an American
sporting goods retailer that re-launched in the spring of 2017
after being purchased during bankruptcy liquidation in December
2015.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
COCONINO COUNTY, AZ: Krakauer Files Suit in District of Arizona
---------------------------------------------------------------
A class action lawsuit has been filed against Coconino County Jail
District, et al. The case is styled as Elizabeth Krakauer, legal
guardian, on behalf of Brandon Gabriel Goodwin and all those
similarly situated on behalf of Brandon Gabriel Goodwin v. Coconino
County Jail District, an Arizona political subdivision; Coconino
County Sheriff, in his official capacity; Case No.
3:21-cv-08088-GMS-ESW (D. Ariz., April 27, 2021).
The nature of suit is stated as Prisoner Civil Rights.
Coconino County Jail District --
https://www.coconino.az.gov/328/Detention-Facility -- is a main
facility / jail located in Flagstaff, Arizona.[BN]
The Plaintiff is represented by:
Gary Pearlmutter, Esq.
Wendy Fuller White, Esq.
SOUTHWEST CENTER FOR EQUAL JUSTICE
1124 Mountainaire Rd.
Flagstaff, AZ 86005
Phone: (928) 525-9255
Email: gary.pearlmutter@swcej.org
wendy.white@swcej.org
CONNECTED INVESTORS: Silva Files TCPA Suit in E.D. North Carolina
-----------------------------------------------------------------
A class action lawsuit has been filed against Connected Investors,
Inc. The case is styled as Jo Anne Silva, individually and on
behalf of all others similarly situated v. Connected Investors,
Inc., Case No. 7:21-cv-00074-BO (E.D.N.C., April 26, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Connected Investors -- https://connectedinvestors.com/ -- is the
real estate investors marketplace and community.[BN]
The Plaintiff is represented by:
David Matthew Wilkerson, Esq.
THE VAN WINKLE LAW FIRM
11 North Market Street
Asheville, NC 28801
Phone: (828) 258-2991
Fax: (828) 257-2767
Email: dwilkerson@vwlawfirm.com
CORONADO, CA: Peake Files FLSA Suit in S.D. California
------------------------------------------------------
A class action lawsuit has been filed against City of Coronado. The
case is styled as Perry Peake, on behalf of himself and other
similarly situated individuals v. City of Coronado, Case No.
3:21-cv-00820-AJB-KSC (S.D. Cal., April 27, 2021).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act for Minimum Wage or Overtime Compensation.
Coronado -- https://www.coronado.ca.us/ -- is a resort city located
in San Diego County, California, USA, across the San Diego Bay from
downtown San Diego.[BN]
The Plaintiff is represented by:
James Joseph Cunningham, Esq.
LAW OFFICES OF JAMES J. CUNNINGHAM
10405 San Diego Mission Road, Suite 200
San Diego, CA 92108
Phone: (619) 871-9116
Email: jimcunninghamlaw@gmail.com
CREDIT CORP: Nikolayev Files FDCPA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Credit Corp Solutions
Inc. The case is styled as Sergiy Nikolayev, individually and on
behalf of all others similarly situated v. Credit Corp Solutions
Inc. dba Tasman Credit, Case No. 1:21-cv-02362 (E.D.N.Y., April 28,
2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Credit Corp Solutions -- https://www.creditcorponline.com/ -- is a
receivables management company that purchases and collects consumer
debt including unpaid retail finance and sales finance credit cards
and personal loans.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
HOROWITZ LAW, PLLC
14441 70th Road
Flushing, NY 11367
Phone: (718) 705-8706
Fax: (718) 705-8705
Email: uri@horowitzlawpllc.com
DEVON ENERGY: Wake Energy Sues Over Failure to Pay Royalty
----------------------------------------------------------
Wake Energy, LLC and Wake Operating LLC, on behalf of themselves
and all others similarly situated v. Devon Energy Production
Company, L.P., Case No. 5:21-cv-00352-PRW (W.D. Okla., April 16,
2021), is brought arising from the Defendant's failure to properly
pay royalty, overriding royalty, and working interest revenues to
the Plaintiffs own interests in oil and gas wells which were owned
and operated by the Defendant during the production months of
February 2021 to the present.
The Plaintiffs and Class Members own royalty, overriding royalty,
and working interest throughout the State of Oklahoma in oil and
gas wells which are owned and operated by Defendant during the
Relevant Time. By virtue of various agreements, including but not
limited to, oil and gas leases, pooling orders, participation
agreements, marketing agreements, and other agreements, the
Defendant is obligated to pay the Revenues to Plaintiffs and Class
Members. The Defendant and its affiliates failed to pay Plaintiffs'
and Class Members' Revenues on the actual price received by
Defendant during the Relevant Time. The Defendant entered into
various contractual arrangements designed to conceal the actual
price the Defendant received for the sale of hydrocarbons from the
Subject Wells in order to retain the benefit of the higher natural
gas prices that existed during the Relevant Time to the detriment
of the Plaintiffs and Class Members, says the complaint.
The Plaintiff Wake Energy owns mineral interests located in
Oklahoma. The Plaintiff Wake Operating owns oil and gas leasehold,
overriding royalty interest, and working interests located in
Oklahoma.
Devon Energy Production Company, L.P. is an Oklahoma limited
partnership conducting business in Oklahoma.[BN]
The Plaintiffs are represented by:
Travis P. Brown, Esq.
Lincoln C. Hatfield, Esq.
J. Matt Hill, Esq.
Scott R. Verplank, Esq.
Micah L. Adkison, Esq.
MAHAFFEY & GORE, P.C.
300 N.E. 1st Street
Oklahoma City, OK 73104-4004
Phone: (405) 236-0478
Facsimile: (405) 236-1840
Email: tbrown@mahaffeygore.com
lhatfield@mahaffeygore.com
mhill@mahaffeygore.com
sverplank@mahaffeygore.com
madkison@mahaffeygore.com
DOORDASH INC: Faces Suit Over Food Delivery Platforms' Overcharges
------------------------------------------------------------------
822 W WASHINGTON LP dba NUEVA VENICE and ZA-ZEN ENTERPRISES, LLC
dba SHIBUMI, individually and on behalf of all others similarly
situated v. DOORDASH, INC. and DOES 1 through 100, Defendants, Case
No. CGC-21-590885 (Cal. Super., San Francisco Cty., April 19, 2021)
challenges Defendants' unlawful and unfair conduct directed towards
the hospitality industry of Los Angeles, whereby the Defendant has
overcharged the Plaintiffs and the Class fees for the use of food
delivery platforms.
According to the complaint, some of the biggest beneficiaries of
the work-from-home economy brought by the COVID-19 recession are
the four major third-party food delivery platforms, DoorDash, Uber
Technologies, Inc., GrubHub Inc., and Postmates, Inc.
(collectively, the "Delivery Platforms"). Together, these four
platforms generated approximately $5.5 billion in combined revenue
from April through September 2020, more than double their combined
revenue during the same period in 2019.
Allegedly, the delivery platforms charged restaurants steep fees
and commissions for every order, usually around 30 percent of the
order price. Restaurants had no meaningful bargaining power to
negotiate lower fees and commissions. The Delivery Platforms' fees
and commissions wiped out profits for many restaurants, which were
already operating on thin margins prior to the pandemic. The survey
results showed that the Delivery Platforms were largely ignoring
the COVID-19 Fee Cap: 72.9 percent of restaurants reported being
charged more than the 15 percent Delivery Fee; 55.9 percent of
restaurants reported being charged more than the 5 percent
Additional Benefits Fee; 72.9 percent of restaurants reported that
the COVID-19 Fee Cap was beneficial during COVID-19; and 94.9
percent of restaurants wanted the COVID-19 Fee Cap to be extended
past August 31, 2020. Additionally, "most restaurants reported
being overcharged by third-party food delivery companies that are
failing or refusing to comply with the [COVID-19 Fee Cap]," the
suit says.
The Plaintiffs bring this action on behalf of themselves and the
Class that have been unlawfully and unfairly charged fees and costs
in excess of the COVID-19 Fee Cap by Defendants during the Class
Period. They seek public injunctive relief and restitution on
behalf of themselves and the Class, resulting from Defendants'
unfair and unlawful conduct, which violates the California Business
and Professions Code and the Los Angeles Municipal Code.
The Plaintiffs are Los Angeles, California-based restaurants.
San Francisco, California-based DoorDash holds itself out as a
"merchant-first business" whose mission is "to grow and empower
local economies." DoorDash's local logistics platform "provides
merchants with the mission-critical capabilities needed to meet the
demands of the convenience economy and capture the business growth
that comes from the new wave of demand." [BN]
The Plaintiffs are represented by:
Alex M. Outwater, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
Facsimile: (619) 233-0508
E-mail: aoutwater@scott-scott.com
- and -
Joseph P. Guglielmo, 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
E-mail: jguglielmo@scott-scott.com
- and -
Mark N. Todzo, Esq.
Howard J. Hirsch, Esq.
LEXINGTON LAW GROUP
303 Divisadero Street
San Francisco, CA 94117
Telephone: (415) 913-7800
Facsimile: (415) 759-4112
E-mail: mtodzo@lexlawgroup.com
hhirsch@lexlawgroup.com
DRIVEN BRANDS: Nunez Sues Over Deceptive Trade Practices
--------------------------------------------------------
Michael Nunez, on behalf of himself and others similarly situated
v. DRIVEN BRANDS HOLDINGS, INC., d/b/a TAKE 5 OIL CHANGE #0360, and
TAKE 5 PROPERTIES SPV LLC, d/b/a TAKE 5 OIL CHANGE #0360, Case No.
124920910 (Fla. Cir. Ct., 13th Judicial, Hillsborough Cty., April
14, 2021), is brought to seek monetary damages and declaratory and
injunctive relief pursuant to Florida's Deceptive and Unfair Trade
Practices Act against the Defendants for all victims in
Hillsborough County of the Defendants' deceptive trade practices.
According to the complaint, on March 16, 2021, the Defendants
received notice from the Florida Department of Revenue directing
them to stop collecting the 8.5 percent sales tax and to return to
the previous amount of 7.5 percent. According to the complaint, the
Defendants ignored the Florida Department of Revenue directive and,
instead, chose to willfully continue collecting the 8.5 percent
sales tax. On April 8, 2021, Plaintiff purchased an oil change
service from the Defendants' store at 5309 Gunn Hwy., Tampa, FL
33624. The Defendants charged the Plaintiff an 8.5 percent "sales
tax" on his purchase. However, the excess 1.0 percent so-called
"sales tax" was, in fact, not a sales tax but instead is going
directly to the Defendants' bottom line.
The Defendants provided Plaintiff with a receipt which expressly
states he was charged the 8.5 percent "tax." Notably, the receipt
does not identify the owner or operator of the store, only listing
the fictitious name "Take 5 Oil Change." The receipt also lists a
motor vehicle repair license number that is identified as "expired"
on the Florida Department of Agriculture and Consumer Services'
database. The Defendants are not going to, and cannot, remit the
excess 1.0 percent sales tax to Hillsborough County but, instead,
will retain the funds as profit.
As the Plaintiff was driving away from his oil repair service, he
noticed that he was improperly charged the 8.5 percent "tax" on his
purchase. When he got home, he called the store to object to a
representative of the Defendants to being charged the improper 8.5
percent sales tax and asked that the excess 1.0 percent sales tax
be removed. The Defendants' representative refused to remove the
excess 1.0 percent sales tax, instead instructing him to "take it
up with corporate." The Plaintiff has suffered monetary damages as
a result of Defendants' unlawful practice. The Plaintiff has been
required to retain the undersigned counsel to represent him in this
action and is obligated to pay them a reasonable fee for their
services, says the complaint.
The Plaintiff was a resident of Hillsborough County, Florida.
DRIVEN BRANDS HOLDINGS, INC., a subsidiary of Roark Capital Group,
is a foreign profit corporation.[BN]
The Plaintiff is represented by:
Jay P. Lechner, Esq.
JAY P. LECHNER, P.A.
Fifth Third Center
201 E. Kennedy Blvd., Suite 412
Tampa, FL 33602
Phone: (813) 842-7071
Email: jplechn@jaylechner.com
admin@jaylechner.com
- and -
Ralph B. Fisher, Esq.
FISHER'S LAW OFFICE, P.A.
18125 Highway 41 N., Suite 109
Lutz, FL 33549
Phone: (813) 949-2749
Email: ralphfisher@yahoo.com
EDR ASSETS: Appeals March 10 Order in Favor of Hiss
---------------------------------------------------
In the case captioned Michelle E. Hiss, Jill Goldring, Matthew
Heap, Ruxandra Heap, Craig Gibson Jr., and Anna Miller, on behalf
of themselves and all others similarly situated, Plaintiffs v. EDR
ASSETS LLC and PARKOFF OPERATING CORP., Defendants; EDR ASSETS LLC,
Counterclaim-Plaintiff v. JILL GOLDRING, GLYN PARSLEY, SONDRA
STAMEN, JOHN DOE, and JANE DOE, Counterclaim-Defendants, Case No.
160494/2017 (N.Y. Sup. Ct., New York Cty., April 13, 2021),
Defendants EDR Assets LLC and Parkoff Operating Corp. appeal to the
Appellate Division of the Supreme Court, First Judicial Department,
from the Order of the Supreme Court, County of New York dated March
10, 2021 and entered in the Office of the Clerk on the same date
and from each and every part thereof.[BN]
The Plaintiffs are represented by:
Lucas A. Ferrara, Esq.
Jared I. Kassenoff, Esq.
Roger A. Sachar, Jr., Esq.
NEWMAN FERRARA LLP
1250 Broadway, 27th Floor
New York, NY 10001
The Defendants are represented by:
Timothy Holland, Esq.
Adrienne B. Koch, Esq.
Mark Walfish, Esq.
KATSKY KORINS LP
605 Third Avenue
New York, NY 10158
Phone: (212) 953-6000
- and -
James Marino, Esq.
KUCKER MARINO WINIARSKY & BITTENS, LLP
747 Third Avenue, 12th Floor
New York, NY 10017
Phone: (212) 869-5030
EF EDUCATION: Karila Files Suit in District of Massachusetts
------------------------------------------------------------
A class action lawsuit has been filed against EF Education First
International, Ltd. et al. The case is styled as Kristine Karila,
on behalf of herself and all others similarly situated v. EF
Education First International, Ltd., Go Ahead Vacations, Inc., Case
No. 1:21-cv-10643-DJC (D. Mass., April 16, 2021).
The nature of suit is stated as Insurance for Breach of Contract.
EF -- https://www.ef.edu/ -- is an international education company
offering study abroad, language learning, cultural exchange and
academic programs around the world.[BN]
The Plaintiff is represented by:
John J. Roddy, Esq.
BAILEY & GLASSER LLP
176 Federal Street, 5th Floor
Boston, MA 02110
Phone: (617) 439-6730
Fax: (617) 951-3954
Email: jroddy@baileyglasser.com
EMERGENT BIOSOLUTIONS: Palm Tran Sues Over Share Price Drop
-----------------------------------------------------------
PALM TRAN, INC. - AMALGAMATED TRANSIT UNION LOCAL 1577 PENSION
PLAN, Individually and on Behalf of All Others Similarly Situated
v. EMERGENT BIOSOLUTIONS INC., ROBERT G. KRAMER SR., RICHARD S.
LINDAHL, and SYED T. HUSAIN, Case No. 8:21-cv-00955-PX (D. Md.,
April 19, 2021) is a federal securities class action brought on
behalf of all persons or entities that purchased or otherwise
acquired Emergent common stock from July 6, 2020 through March 31,
2021, inclusive, seeking to pursue remedies under the Securities
Exchange Act of 1934 for the Defendants' engagement in a fraudulent
scheme to artificially inflate the Company's stock price.
Emergent is a specialty biopharmaceutical company that develops
vaccines and antibody therapeutics for infectious diseases. In
response to the COVID-19 pandemic, Emergent signed deals with
Johnson & Johnson (J&J) and AstraZeneca worth a combined $875
million to provide contract development and manufacturing
organization services to produce the companies' COVID-19 vaccine
candidates, and received another $628 million from the United
States government as a part of Operation Warp Speed, for a total of
$1.5 billion in COVID-19 deals.
According to the complaint, the announced deals sent the Company's
stock soaring - peaking at over $134 per share on August 13, 2020.
Allegedly, the Company failed to disclose to investors myriad
issues at its Baltimore facility that would detrimentally affect
its ability to manufacture the vaccine. The FDA inspection found
that Emergent had "deficient" containment areas for holding
rejected manufacturing components "to prevent contamination or
mix-ups." The FDA further concluded that upgrades to technology and
personnel were required before the Company could even begin making
the drug substance. The FDA's lead investigator cited the Company
for failing to train employees "in the particular operations they
perform as part of their function and current good manufacturing
practices," says the suit.
In response to this news, shares of Emergent's stock price fell
$14.29 per share, or over 15% over the next two trading days, from
a close of $92.91 per share on March 31, 2021, to close at $78.62
on April 5, 2021.
As a result of the Defendants' alleged wrongful acts and omissions,
and the precipitous decline in the market value of the Company's
common stock, Plaintiff and the other Class members have suffered
significant losses and damages, adds the complaint. [BN]
The Plaintiff is represented by:
Mark Hanna, Esq.
Roseann R. Romano, Esq.
Charles A. Sinks, Esq.
MURPHY ANDERSON PLLC
1401 K Street NW, Suite 300
Washington, DC 20005
Telephone: (202) 223-2620
Facsimile: (202) 296-9600
E-mail: mhanna@murphypllc.com
rromano@murphypllc.com
csinks@murphypllc.com
- and -
Maya Saxena, Esq.
Joseph E. White, III, Esq.
Lester R. Hooker, Esq.
SAXENA WHITE P.A.
7777 Glades Road, Suite 300
Boca Raton, FL 33434
Telephone: (561) 394-3399
E-mail: msaxena@saxenawhite.com
jwhite@saxenawhite.com
lhooker@saxenawhite.com
- and -
Steven B. Singer, Esq.
SAXENA WHITE P.A.
10 Bank Street, 8th Floor
White Plains, NY 10606
Telephone: (914) 437-8551
E-mail: ssinger@saxenawhite.com
EVERLY WELL: Sanchez Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Everly Well, Inc. The
case is styled as Cristian Sanchez, on behalf of himself and all
others similarly situated v. Everly Well, Inc., Case No.
1:21-cv-03739 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
EverlyWell -- https://www.everlywell.com/ -- offers access to
laboratory testing for wellness monitoring, informational and
educational use.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
FABRICGENIE INC: Burbon Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Fabricgenie, Inc. The
case is styled as Luc Burbon and on behalf of all persons similarly
situated v. Fabricgenie, Inc., Case No. 1:21-cv-02286 (E.D.N.Y.,
April 26, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Fabricgenie -- https://www.fabricgenie.com/ -- is one of the
largest online Fabric Store in United backed with millions yard of
fabric inventory in many verify, styles and colors.[BN]
The Plaintiff is represented by:
Bradly Gurion Marks, Esq.
THE MARKS LAW FIRM PC
175 Varick Street 3rd Floor
New York, NY 10014
Phone: (646) 770-3775
Fax: (646) 867-2639
Email: brad@markslawfirm.net
FACEBOOK INC: Faces Boorn Suit Over Illegal Internet Gambling
-------------------------------------------------------------
HANNELORE BOORN, individually and on behalf of all others similarly
situated, Plaintiff v. FACEBOOK INC., Defendant, Case No.
4:21-cv-02818 (N.D. Cal., April 19, 2021) is an action seeking
restitution, damages, an injunction, and other appropriate relief
from Facebook's ongoing participation in an illegal Internet
gambling enterprise.
According to the Plaintiff in the complaint, the Defendant is a
direct participant in an informal association and enterprise of
individuals and entities with the explicit purpose of knowingly
devising and operating an online gambling scheme to exploit
consumers and reap billions in profits (the "Social Casino
Enterprise").
By utilizing Facebook for distribution and payment processing, the
social casinos entered into a mutually beneficial business
partnership. In exchange for distributing the casino games,
providing them valuable data and insight about their players, and
collecting money from consumers, Facebook take a 30 percent
commission off of every wager, earning them billions in revenue,
the suit says.
The result of this partnership is that consumers become addicted to
social casino apps, maxing out their credit cards with purchases
amounting to tens or even hundreds of thousands of dollars.
Consumers addicted to social casinos suffer a variety of
non-financial damages ranging from depression to divorce to
attempted suicide, added the suit.
Facebook, Inc. operates a social networking website. The Company
website allows people to communicate with their family, friends,
and coworkers. Facebook develops technologies that facilitate the
sharing of information, photographs, website links, and videos.
[BN]
The Plaintiff is represented by:
L. Timothy Fisher, 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
-and-
Phillip L. Fraietta, Esq.
Alec M. Leslie, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
aleslie@bursor.com
FAMILY SOLUTIONS: Appeals Class Cert. Ruling in Arends Case
------------------------------------------------------------
Defendants Family Solutions of Ohio, Inc., et al., filed an appeal
from a court ruling entered in the lawsuit styled ALICIA ARENDS,
individually and on behalf of all others similarly situated,
Plaintiff v. FAMILY SOLUTIONS OF OHIO, INC., PROSTAR MANAGEMENT,
INC., JOHN HOPKINS, and DAWN SMITH, Defendants, Case No.
1:18-cv-02017, in the U.S. District Court for the Northern District
of Ohio at Cleveland.
As previously reported in the Class Action Reporter, the lawsuit is
an action against the Defendants to recover unpaid overtime
compensation and minimum wages, damages, attorneys' fees and costs
under the Fair Labor Standards Act.
Ms. Arends was employed by the Defendants as a mental health
specialist from July to December 2017.
On March 24, 2020, Plaintiffs filed a Motion for Leave to file a
First Amended Complaint Designating New Representative Plaintiffs,
and seeking leave to file an amended pleading designating Jamal
Stephenson and Melanie Vilk Baron as Representative Plaintiffs, in
place of Alicia Arends.
The Defendants seek a review of the Court's Order dated April 5,
2021, which GRANTED IN PART and DENIED IN PART Plaintiffs' Motion
for Rule 23 Certification. The Plaintiffs' Motion was GRANTED to
the extent it seeks certification of the following Rule 23 class:
All employees who worked in Ohio as QMHSs for Defendant Family
Solutions of Ohio during the period three years preceding the
commencement of the action to the present. In addition, the Court
granted Plaintiffs' requests to (1) designate Plaintiffs' counsel,
Scott Perlmuter and Thomas Downie, as class counsel; and (2)
appoint Plaintiffs Jamal Stephenson and Melanie Baron as class
representatives. The Plaintiffs' Motion was DENIED to the extent it
includes hourly Therapists in the state-law class, and a
class-action breach of contract claim.
The appellate case is captioned as Alicia Arends, et al. v. Family
Solutions of Ohio, Inc, et al., Case No. 21-3375, in the United
States Court of Appeals for the Sixth Circuit, filed on April 20,
2021.[BN]
Plaintiffs-Appellees JAMAL STEPHENSON, On behalf of himself and all
others similarly situated; and MELANIE VILK BARON, On behalf of
herself and all others similarly situated, are represented by:
Thomas A. Downie, Esq.
46 Chagrin Plaza, Suite 215
Cleveland, OH 44022-0000
Telephone: (440) 973-9000
E-mail: tom@chagrinlaw.com
- and -
Scott D. Perlmuter, Esq.
TITTLE & PERLMUTER
4106 Bridge Avenue
Cleveland, OH 44113
Telephone: (216) 308-1522
E-mail: scott@tittlelawfirm.com
Defendants-Appellants FAMILY SOLUTIONS OF OHIO, INC., PROSTAR
MANAGEMENT, INC., JOHN HOPKINS, and DAWN SMITH are represented by:
David A. Campbell, III, Esq.
Donald Gabriel Slezak, Esq.
LEWIS, BRISBOIS, BISGAARD & SMITH
1375 E. Ninth Street, Suite 2250
Cleveland, OH 44114
Telephone: (216) 870-2136
E-mail: dacampbell@vorys.com
FAMILY SOLUTIONS: Appeals Class Cert. Ruling in Stephenson Suit
---------------------------------------------------------------
Defendants Family Solutions of Ohio, Inc. et al., filed an appeal
from a court ruling entered in the lawsuit entitled ALICIA ARENDS,
individually and on behalf of all others similarly situated,
Plaintiff v. FAMILY SOLUTIONS OF OHIO, INC.; PROSTAR MANAGEMENT,
INC.; JOHN HOPKINS; and DAWN SMITH, Defendants, Case No.
1:18-cv-02017, in the U.S. District Court for the Northern District
of Ohio at Cleveland.
As previously reported in the Class Action Reporter, the lawsuit is
an action against the Defendants to recover unpaid overtime
compensation and minimum wages, damages, attorneys' fees and costs
under the Fair Labor Standards Act.
Ms. Arends was employed by the Defendants as a mental health
specialist from July to December 2017.
On March 24, 2020, the Plaintiff filed a Motion for Leave to file a
First Amended Complaint Designating New Representative Plaintiffs,
and seeking leave to file an amended pleading designating Jamal
Stephenson and Melanie Vilk Baron as Representative Plaintiffs, in
place of Alicia Arends.
The Defendants now seek a review of the Court's Memorandum Opinion
and Order granting Plaintiffs' Motion for Rule 23 Certification to
the extent it seeks certification of the following Rule 23 class:
All employees who worked in Ohio as QMHSs for Defendant Family
Solutions of Ohio during the period three years preceding the
commencement of this action to the present. The Court also granted
Plaintiffs' requests to (1) designate Plaintiffs' counsel, Scott
Perlmuter and Thomas Downie, as class counsel; and (2) appoint
Plaintiffs Jamal Stephenson and Melanie Baron as class
representatives.
The appellate case is captioned as In re: Family Solutions of Ohio,
Inc, et al., Case No. 21-303, in the United States Court of Appeals
for the Sixth Circuit, filed on April 19, 2021.[BN]
Defendants-Petitioners FAMILY SOLUTIONS OF OHIO, INC., PROSTAR
MANAGEMENT, INC., JOHN HOPKINS, and DAWN SMITH are represented by:
David A. Campbell, III, Esq.
Donald Gabriel Slezak, Esq.
LEWIS, BRISBOIS, BISGAARD & SMITH
1375 E. Ninth Street, Suite 2250
Cleveland, OH 44114
Telephone: (216) 870-2136
E-mail: dacampbell@vorys.com
Plaintiffs-Respondents JAMAL STEPHENSON, on behalf of himself and
all others similarly situated; and MELANIE VILK BARON, On behalf of
herself and all others similarly situated, are represented by:
Thomas A. Downie, Esq.
46 Chagrin Plaza, Suite 215
Cleveland, OH 44022-0000
Telephone: (440) 973-9000
E-mail: tom@chagrinlaw.com
- and -
Scott D. Perlmuter, Esq.
TITTLE & PERLMUTER
4106 Bridge Avenue
Cleveland, OH 44113
Telephone: (216) 308-1522
E-mail: scott@tittlelawfirm.com
FEDEX GROUND: Amadin Labor Class Suit Removed to E.D. California
----------------------------------------------------------------
The case styled MATHEW AMADIN, individually and on behalf of all
others similarly situated v. FEDEX GROUND PACKAGE SYSTEM, INC.,
DOES 1 through 20, inclusive, Case No. 34-2021-00295740, was
removed from the Superior Court of the State of California for the
County of Sacramento to the U.S. District Court for the Eastern
District of California on April 26, 2021.
The Clerk of Court for the Eastern District of California assigned
Case No. 2:21-at-00378 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to provide accurate wages statements,
failure to pay minimum wage for all hours worked, failure to
provide rest periods, failure to timely provide all wages due upon
termination, failure to pay overtime wages, and failure to
reimburse business expenses.
FedEx Ground Package System, Inc. is a company that provides
package delivery services, headquartered in Coraopolis,
Pennsylvania. [BN]
The Defendant is represented by:
Evan R. Moses, Esq.
Alexander M. Chemers, Esq.
Melis Atalay, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: (213) 239-9800
Facsimile: (213) 239-9045
E-mail: evan.moses@ogletree.com
alexander.chemers@ogletree.com
melis.atalay@ogletree.com
FINANCIAL RECOVERY: Kroub Files FDCPA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Financial Recovery
Services, Inc. The case is styled as Julie Kroub, individually and
on behalf of all others similarly situated v. Financial Recovery
Services, Inc., Case No. 1:21-cv-02298 (E.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Financial Recovery Services, Inc. -- https://www.fin-rec.com/ --
provides debt collection services.[BN]
The Plaintiff is represented by:
Yitzchak Zelman, Esq.
MARCUS & ZELMAN LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (845) 367-7146
Fax: (732) 298-6256
Email: yzelman@marcuszelman.com
FIRST NATIONAL: Norvell Files FDCPA Suit in N.D. Alabama
--------------------------------------------------------
A class action lawsuit has been filed against First National
Collection Bureau Inc. The case is styled as Donald Norvell,
individually and on behalf of all others similarly situated v.
First National Collection Bureau Inc., Case No. 5:21-cv-00579-HNJ
(N.D. Ala., April 26, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
First National Collection Bureau, Inc. -- http://www.fncbinc.com/
-- is an agency that collects debt on behalf of a variety of
creditor clients.[BN]
The Plaintiff appears pro se.
FIRST TRANSIT: Azimihashemi Employment Suit Goes to C.D. California
-------------------------------------------------------------------
The case styled MASSOUD AZIMIHASHEMI, individually and on behalf of
all others similarly situated v. FIRST TRANSIT SERVICES, INC.;
FIRST TRANSIT, INC.; FIRST GROUP AMERICA; and DOES 1 through 100,
inclusive, Case No. 30-2021-01185526-CU-OE-CXC, was removed from
the Superior Court of the State of California for the County of
Orange to the U.S. District Court for the Central District of
California on April 26, 2021.
The Clerk of Court for the Central District of California assigned
Case No. 8:21-cv-00780 to the proceeding.
The case arises from the Defendants' alleged violations of the
California Labor Code and the California Business and Professions
Code including unpaid overtime, unpaid meal period premiums, unpaid
rest period violations, unpaid minimum wages, final wages not
timely paid, wages not timely paid during employment, non-compliant
wage statements, failure to keep requisite payroll records, and
unreimbursed business expenses.
First Transit Services, Inc. is a transportation services provider,
with its corporate headquarters at 600 Vine Street, Cincinnati,
Ohio.
First Transit, Inc. is a transportation services provider, with its
corporate headquarters at 600 Vine Street, Cincinnati, Ohio.
First Group America is a provider of student transportation and
transit management and contracting services in the U.S. and Canada,
headquartered in Cincinnati, Ohio. [BN]
The Defendant is represented by:
David J. Dow, Esq.
Jocelyn D. Hannah, Esq.
LITTLER MENDELSON P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101-3577
Telephone: (619) 232-0441
Facsimile: (619) 232-4302
E-mail: ddow@littler.com
jhannah@littler.com
FLO HEALTH: Ridgway Sues Over Unlawful Data-Sharing Policies
------------------------------------------------------------
Leah C. Ridgway and Autumn N. Meigs, individually and on behalf of
all others similarly situated v. FLO HEALTH, INC., Case No.
3:21-cv-03031 (N.D. Cal., April 26, 2021), is brought on behalf of
Flo App users who were subject to Flo Health's undisclosed, unfair,
and unlawful data-sharing policies.
According to the complaint, the Flo App uses artificial
intelligence and algorithms to provide advice and assistance for
women by serving as a period tracker, ovulation calendar, pregnancy
guide, and wellness and lifestyle tracker. For the millions of
users--including the Plaintiffs and the class they represent--to
use the Flo App, they were required to share personally
identifiable information, such as their name, email address, date
of birth, intimate details about their sex lives and sexual health
including menstruation cycle, physical well-being, mental
well-being, and more. Flo Health's privacy policies assured its
users that Flo Health would not share users' personal information,
including their private and intimate health data, with anyone.
The Plaintiffs and the Class, relying on Flo Health's repeated
assurances that their health data would be protected and not
disclosed, agreed to provide their intimate health details.
Flo Health violated its own Privacy Policy by disclosing its users'
intimate health data to third parties, without their consent, who
were free to use this data for their own purposes. If the
Plaintiffs and the Class had known that Flo Health would share
their intimate health details, they would not have used the Flo
App. Flo Health used Plaintiffs' personal, confidential, and
sensitive health information for a purpose materially different
than that authorized by Plaintiffs and the Class. Flo Health did
not disclose to the Plaintiffs, or seek their consent, to sell or
otherwise share their personal, confidential, and sensitive health
data to third parties, says the complaint.
The Plaintiffs downloaded, installed, input data into, used, and
continues to use the Flo App.
Flo Health developed and owns the Flo Period & Ovulation Tracker,
which is one of the most popular health and fitness mobile
applications for women available on the market with over 165
million users.[BN]
The Plaintiffs are represented by:
Robert Gralewski, Esq.
KIRBY McINERNEY, LLP
600 B Street, Suite 2110
San Diego, CA 92101
Phone: 619-784-1442
Facsimile: 212-751-2540
Email: bgralewski@kmllp.com
- and –
William D. Harris II, Esq.
HARRIS LEGAL ADVISORS LLC
605 N. High Street, Ste. 146
Columbus, OH 43215
Phone: (614) 504-3350
Email: will@harrislegaladvisors.com
- and –
Michael E. Jacobs, Esq.
HINKLE SHANOR LLP
P.O. Box 2068
Santa Fe, NM 87504
Phone: (505) 982-4554
Email: mjacobs@hinklelawfirm.com
- and –
Kent M. Williams, Esq.
WILLIAMS LAW FIRM
1632 Homestead Trail
Long, Lake MN 55356
Phone: (612) 940-4452
Email: williamslawmn@gmail.com
FLUID FLEET: Faces FLSA Suit Over Unpaid OT for Repair Technicians
------------------------------------------------------------------
RODNEY HOFFMAN, individually and on behalf of all others similarly
situated, Plaintiff v. FLUID FLEET SERVICES, LLC, Defendant, Case
No. 5:21-cv-00423 (W.D. Tex., April 28, 2021) is a class action
against the Defendant for violation of the Fair Labor Standards Act
by failing to compensate the Plaintiff and all others similarly
situated technicians overtime pay for all hours worked in excess of
40 hours in a workweek.
Mr. Hoffman has been employed by Fluid Fleet as a repair and
maintenance technician since February 17, 2020.
Fluid Fleet Services, LLC is a peer-to-peer truck sharing platform
that offers mobile access to a variety of trucks, vans, and sport
utility vehicles (SUVs), with its principal place of business in
Colorado. [BN]
The Plaintiff is represented by:
Douglas B. Welmaker, Esq.
MORELAND VERRETT PC
700 West Summit Dr.
Wimberley, TX 78676
Telephone: (512) 782-0567
Facsimile: (512) 782-0605
E-mail: doug@morelandlaw.com
FRANS CHOCOLATES: Sosa Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Frans Chocolates,
LTD. The case is styled as Yony Sosa, on behalf of himself and all
other persons similarly situated v. Frans Chocolates, LTD., Case
No. 1:21-cv-03791 (S.D.N.Y., April 28, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Frans Chocolates -- https://frans.com/ -- is a family owned
confectioner hand crafting truffles, salted caramels, gold bars,
chocolate-covered fruits and nuts since 1982.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
FYRE MEDIA: Jung Appeals Class Certification Denial to 2nd Cir.
---------------------------------------------------------------
Plaintiff Daniel Jung filed an appeal from a court ruling entered
in the lawsuit styled IN RE: FYRE FESTIVAL LITIGATION, Case No.
1:17-cv-03296-PKC, in the U.S. District Court for the Southern
District of New York.
The lawsuit is a class action for damages relating to the
Defendants' false representations, material omissions, and
negligence regarding the "Fyre Festival" and their failure to
organize, prepare, and provide attendees with the experience that
the Defendants marketed as being a luxurious private-island
getaway.
According to the complaint, the Defendants promoted Fyre Festival
as a packaged musical festival on two consecutive weekends on the
remote island of Exumas, located in the Bahamas. Tickets cost
between $1,000 and $12,500, which included gourmet food, luxury
accommodations and amenities, and activities including musical
performances. Instead, ticketholders showed up to an unplanned,
unorganized, disaster-stricken area that was far from the reality
that Defendants promised in their promotional advertising of the
event, says the suit.
Attendees were promised an all-inclusive weekend with "top notch
food, luxurious lodging, and hot entertainment in a stunning
locale." Promotion for the event started in December 2016, when
Defendants posted on their Instagram account close-ups of
bikini-clad models, yachts, and exclusive culinary experiences. In
reality, Defendants did not provide adequate food, shelter, basic
amenities or medical care to attendees, the suit alleges.
The Plaintiff seeks a review of the Court's Opinion and Order dated
December 1, 2020, denying his motion to certify a class, and
Court's Opinion and Order dated April 6, 2021, wherein Plaintiffs'
motion for reconsideration or to amend the Second Consolidated
Amended Complaint was also DENIED.
The appellate case is captioned as In re: Fyre Festival Litigation,
Case No. 21-988, in the United States Court of Appeals for the
Second Circuit, filed on April 21, 2021.[BN]
Plaintiff-Petitioner Daniel Jung, Individually and on behalf of all
others similarly situated, is represented by:
Tina Glandian, Esq.
GERAGOS & GERAGOS, APC
644 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 625-3900
Defendants-Respondents Fyre Media, Inc., a Delaware Corporation,
and William McFarland, appear pro se.
GALLERY OF HISTORY: Sosa Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Gallery Of History,
Inc. The case is styled as Yony Sosa, on behalf of himself and all
other persons similarly situated v. Gallery Of History, Inc., Case
No. 1:21-cv-03747 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Gallery of History, Inc. through its retail website HistoryForSale
-- https://www.galleryofhistory.com/ -- offers an exciting and
unique opportunity to purchase historical documents and
autographs.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
GEICO CASUALTY: Vennerholm Sues Over Failure to Safeguard PII
-------------------------------------------------------------
Mark Edward Vennerholm II & Reanna Ann Vennerholm, individually and
on behalf of a class of similarly situated individuals v. GEICO
CASUALTY COMPANY, GEICO INDEMNITY COMPANY, GEICO GENERAL INSURANCE
COMPANY, AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, Case No.
3:21-cv-00806-GPC (S.D. Cal., April 23, 2021), is brought against
Geico arising from its failure to safeguard the Personal
Identifying Information ("PII") of Geico customers by allowing
fraudsters unauthorized access into Geico's online sales systems
from January 21, 2021 to March 1, 2021, (the "Data Breach"), which
compromised Geico customers' PII.
The complaint states that on April 15, 2021, Geico filed a notice
with the California Office of the Attorney General revealing that
its customers' PII was subject to a data security breach between
January 21, 2021 and March 1, 2021. More specifically, in its
Notice, Geico revealed that fraudsters used information about
Geico's customers to hack into Geico's online sales systems and
access their driver's license number. Geico further stated in its
Notice that it believed the fraudsters could use the stolen
information to fraudulently apply for unemployment benefits in the
names of Geico's customers.
As a result of Geico's failure to maintain adequate security
measures, Geico's customers' personal and private information has
been compromised and remains vulnerable. The Data Breach was a
successful attempt by a malicious third party to steal Geico's
customers' PII on a mass scale. It is a virtual certainty that the
hackers will engage in future acts of fraud or identity theft
either directly, or indirectly by selling the Geico customers' PII
on the dark web to other malicious actors. Thus, Plaintiffs are at
an exceptionally high risk of future acts of identity theft.
Moreover, the ill-gotten PII could be combined with information
stolen during other computer hacks and data breaches to create
increasingly complex and convincing scams.
As a direct result and a necessary consequence of the Data Breach,
Geico's customers have suffered an ascertainable loss in that they
must undertake additional security measures, some at their own
expense, to minimize the risk of future data breaches. As a result
of Geico's failure to maintain adequate security measures,
Plaintiffs and the putative Class members continue to suffer an
ongoing and escalating accumulation of damages, as the Data Breach
has rendered them more susceptible to future data breaches,
identity theft, and other kinds of online fraud, says the
complaint.
The Plaintiffs provided Geico with their PII in connection with
their purchase of automobile insurance from Geico.
Geico is one of the largest auto insurers in the United
States.[BN]
The Plaintiffs are represented by:
Andrew D. Stolper, Esq.
Jason M. Frank, Esq.
Scott H. Sims, Esq.
FRANK SIMS & STOLPER LLP
19800 MacArthur Blvd., Suite 855
Irvine, CA 92612
Phone: (949) 201-2400
Facsimile: (949) 201-2405
Email: astolper@lawfss.com
jfrank@lawfss.com
ssims@lawfss.com
- and -
Franklin D. Azar, Esq.
Michael D. Murphy, Esq.
Brian Hanlin, Esq.
FRANKLIN D. AZAR & ASSOCIATES, P.C.
14426 East Evans Avenue
Aurora, CO 80014
Phone: (303) 757-3300
Fax: (720) 231-5131
Email: azarf@fdazar.com
murphym@fdazar.com
hanlinb@fdazar.com
GEORG FISCHER: Ramos Files Suit in California Superior Court
------------------------------------------------------------
A class action lawsuit has been filed against Georg Fischer Harvel,
LLC. The case is styled as Pedro Ramos, on behalf of other members
of the general public similarly situated v. Georg Fischer Harvel,
LLC, Georg Fischer Inc., Georg Fischer, LLC, Georg Fischer Central
Plastics, LLC, Georg Fischer Signet LLC, GF Machining Solutions,
LLC, Case No. BCV-21-100840 (Cal. Super. Ct., Kern Cty., April 14,
2021).
The case type is stated as "CV Other Employment - Civil
Unlimited."
Georg Fischer Harvel LLC --
https://www.gfps.com/en-us/products-solutions/brands/harvel.html --
is located in Little Rock, Arkansas and is part of the Plastic &
Rubber Product Manufacturing Industry.[BN]
The Plaintiff is represented by:
Mark A. Ozzello, Esq.
CAPSTONE LAW, APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Phone: (310) 556-4811
Fax: (310) 943-0396
Email: Mark.Ozzello@capstonelawyers.com
GREENFIELD WORLD: Naseri Sues Over Unlawful and Deceptive Practices
-------------------------------------------------------------------
Omid Naseri, individually and on behalf of others similarly
situated v. GREENFIELD WORLD TRADE INC. d/b/a THE LEGACY COMPANIES,
Case No. 30-2021-01196179-CU-BT-CXC (Cal. Super. Ct., Orange Cty.,
April 16, 2021), is brought for violations of California's Song
Beverly Consumer Warranty Act ("SBA"), California's Consumer Legal
Remedies Act ("CLRA"), and California's Unfair Competition Law with
regard to the Defendant's unlawful and deceptive practices of
omitting statements that are expressly required by the SBA.
According to the complaint, the SBA explicitly requires a
manufacturer who chooses to provide a warranty or product
registration card or form, or an electronic online warranty or
product registration form, to be completed and returned by the
consumer, to have the card or form include statements that: a.
Inform the consumer that the card or form is for product
registration; and, b. Inform the consumer that failure to complete
and return the card or form does not diminish the individual's
warranty rights.
The Defendant intentionally omits any such statements that are
expressly required by the SBA. As a result of the Defendant's
unlawful and deceitful business practices, the Defendant is able to
chill warranty claims and benefit economically by duping consumers
into thinking they do not have warranty rights unless they fill out
the form and provide their personal information to Defendant. Or
even worse, consumers actually do not have the warranties that were
promised to them when they purchased their products as they must
now register their warranties, a requirement that was not disclosed
at the time of purchase. Consumers are thus additionally deceived
into purchasing products they would not have, had they known they
did not actually come with warranties. Either scenario results in
Defendant benefiting at die consumer's expense. The Defendant's
unlawful and deceptive practices alleged herein violate the SBA,
the CLRA, and the UCL, says the complaint.
The Plaintiff is a purchaser of Defendant's Omega BL390S 1HP
Blender.
The Defendant is a manufacturer of products and advertises that its
products are sold with express warranties.[BN]
The Plaintiff is represented by:
Abbas Kazerounian, Esq.
KAZEROUNI LAW GROUP, APC
245 Fischer Avenue, Suite D1
Costa Mesa, CA 92626
Phone: (800) 400-6808
Facsimile: (800) 520-5523
Email: ak@kazlg.com
- and -
Adib Assassi, Esq.
BLACK OAK LAW FIRM
1100 W. Town and Country Rd., Ste 1250
Orange, CA 92868
Phone: (800) 500-0301
Facsimile: (800) 500-0301
Email: adib@blackoaklaw.com
GUCKENHEIMER ENTERPRISES: Underpays Dishwashers, Kishiyama Claims
-----------------------------------------------------------------
CY KISHIYAMA, individually and on behalf of all others similarly
situated, Plaintiff v. GUCKENHEIMER ENTERPRISES INC., GUCKENHEIMER
SERVICES, LLC, and DOES 1 through 25, inclusive, Defendants, Case
No. 21STCV15773 (Cal. Super., Los Angeles Cty., April 27, 2021) is
a class action against the Defendants for violations of the
California Labor Code including failure to provide meal and rest
breaks, failure to timely compensate employees for all wages earned
and hours worked, and failure to provide accurate itemized wage
statements.
The Plaintiff worked for the Defendants as a dishwasher or ware
washer from August 2017 to June 2020.
Guckenheimer Enterprises Inc. is a corporate food service provider
based in California.
Guckenheimer Services, LLC is a company that provides catering and
hotel management services based in California. [BN]
The Plaintiff is represented by:
Michael H. Boyamian, Esq.
Heather M. Zermeno, Esq.
BOYAMIAN LAW, INC.
550 North Brand Boulevard, Suite 1500
Glendale, CA 91203-1922
Telephone: (818) 547-5300
Facsimile: (818) 547-5678
E-mail: michael@boyamianlaw.com
heather@boyamianlaw.com
- and –
Alex Hartounian, Esq.
HARTOUNIAN LAW FIRM, P.C.
837 South Fair Oaks Avenue, Suite 200
Pasadena, CA 91105
Telephone: (818) 794-9675
Facsimile: (818) 459-6997
E-mail: alex@h-lf.com
HALSTED FINANCIAL: Altman Files FDCPA Suit in D. New Jersey
-----------------------------------------------------------
A class action lawsuit has been filed against Halsted Financial
Services, LLC, et al. The case is styled as Yosef Altman,
individually and on behalf of all others similarly situated v.
Halsted Financial Services, LLC, Cavalry SPV I, LLC, John Does
1-25, Case No. 3:21-cv-10341 (D.N.J., April 28, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Halsted Financial Services, LLC -- https://halstedfinancial.com/ --
is a collection agency located in Skokie, Illinois.[BN]
The Plaintiff is represented by:
Raphael Y. Deutsch, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: rdeutsch@steinsakslegal.com
HONEYWELL INTERNATIONAL: Ogaz Wage-and-Hour Suit Goes to C.D. Cal.
------------------------------------------------------------------
The case styled GARY OGAZ, individually and on behalf of all others
similarly situated v. HONEYWELL INTERNATIONAL, INC.; INTELLIGRATED
SERVICES, LLC DBA 415 INTELLIGRATED SERVICES, LLC; and DOES 1
through 100, inclusive, Case No. CIVSB2028816, was removed from the
Superior Court of the State of California for the County of San
Bernardino to the U.S. District Court for the Central District of
California on April 26, 2021.
The Clerk of Court for the Central District of California assigned
Case No. 5:21-cv-00739 to the proceeding.
The case arises from the Defendants' alleged violations of the
California Labor Code and the California Business and Professions
Code including unpaid overtime, unpaid meal period premiums, unpaid
rest period premiums, unpaid minimum wages, final wages not timely
paid, wages not timely paid during employment, non-compliant wage
statements, failure to keep requisite payroll records, and
unreimbursed business expenses.
Honeywell International, Inc. is an American publicly traded,
multinational conglomerate headquartered in Charlotte, North
Carolina.
Intelligrated Services, LLC, doing business as 415 Intelligrated
Services, LLC, is a material handling automation and software
engineering company based in Mason, Ohio. [BN]
The Defendants are represented by:
Jennifer Hinds, Esq.
HUSCH BLACKWELL LLP
300 S. Grand Ave., Suite 1500
Los Angeles, CA 90071
Telephone: (213) 337-6567
Facsimile: (213) 337-6551
E-mail: Jennifer.hinds@huschblackwell.com
HUDSON VALLEY: Appeals Aribitration Bid Denial in Zachman Case
--------------------------------------------------------------
Defendant Hudson Valley Federal Credit Union filed an appeal from a
court ruling entered in the lawsuit entitled Nichole Zachman, on
behalf of herself and all others similarly situated v. HUDSON
VALLEY FEDERAL CREDIT UNION, Case No. 20-cv-1579, in the U.S.
District Court for the Southern District of New York (White
Plains).
As reported in the Class Action Reporter on Feb. 28, 2020, the
lawsuit seeks monetary damages, restitution and declaratory relief
from the Defendant arising from the unfair and unconscionable
assessment and collection of "Overdraft Fees" or insufficient funds
fees on accounts that were not actually overdrawn.
According to the complaint, besides being deceptive, unfair and
unconscionable, these practices breach contract promises made in
the Defendant's adhesion contracts. In plain, clear, and simple
language, the checking account contract documents discussing OD
Fees promise that the Defendant will only charge OD Fees or NSF
Fees on transactions where there are insufficient funds to "cover"
them. As happened to the Plaintiff, however, the Defendant
improperly charges bank fees in just this circumstance.
The Plaintiff contends that she and other Hudson customers have
been injured by the Defendant's practices. On behalf of herself and
the putative class, the Plaintiff seeks damages, restitution and
injunctive relief for the Defendant's breach of contract, deceptive
practices, violation of the Electronic Funds Transfer Act.
The Defendant now seeks a review of the Court's Opinion and Order
dated March 22, 2021, denying its motion to compel arbitration.
The appellate case is captioned as Zachman v. Hudson Valley Federal
Credit Union, Case No. 21-999, in the United States Court of
Appeals for the Second Circuit, filed on April 21, 2021.[BN]
Defendant-Appellant Hudson Valley Federal Credit Union is
represented by:
Brian S. Gitnik, Esq.
LITCHFIELD CAVO, LLP
420 Lexington Avenue
New York, NY 10170
Telephone: (212) 434-0100
E-mail: gitnik@litchfieldcavo.com
Plaintiff-Appellee Nicole Zachman, on behalf of herself and all
others similarly situated, is represented by:
George Granade, Esq.
REESE LLP
8484 Wilshire Boulevard
Los Angeles, CA 90211
Telephone: (212) 643-0500
E-mail: ggranade@reesellp.com
HYUNDAI MOTOR: Stucki Files Suit in District of Minnesota
---------------------------------------------------------
A class action lawsuit has been filed against Hyundai Motor
America, Inc. The case is styled as Richard Stucki, Travis Tharpe,
each individually and on behalf of all others similarly situated v.
Hyundai Motor America, Inc., Case No. 0:21-cv-01085 (D. Minn.,
April 27, 2021).
The nature of suit is stated as Contract Product Liability for
Other Contract.
Hyundai Motor America -- https://www.hyundaiusa.com/us/en -- is a
wholly owned subsidiary of Hyundai Motor Company.[BN]
The Plaintiffs are represented by:
Brian William Nelson, Esq.
Nathan D Prosser, Esq.
Anne T Regan, Esq.
HELLMUTH & JOHNSON
8050 West 78th Street
Edina, MN 55439
Phone: (952) 941-4005
Email: bwnelson@hjlawfirm.com
nprosser@hjlawfirm.com
aregan@hjlawfirm.com
I.C. SYSTEM: Rose Files FDCPA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against I.C. System, Inc., et
al. The case is styled as Belinda Rose, individually and on behalf
of all others similarly situated v. I.C. System, Inc., John Does
1-25, Case No. 1:21-cv-03366-JPO (S.D.N.Y., April 16, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
IC System -- https://www.icsystem.com/ -- is the leader in accounts
receivable management.[BN]
The Plaintiff is represented by:
Eliyahu R. Babad, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: ebabad@steinsakslegal.com
IN HOME INSTALLATIONS: Altamirano Files Suit in Cal. Super. Ct.
---------------------------------------------------------------
A class action lawsuit has been filed against In Home Installations
Inc., et al. The case is styled as Ricardo Antonio Cano Altamirano,
an individual, on behalf of himself and all others similarly
situated v. In Home Installations Inc., an Ohio Corporation; AM
Home Delivery & Trucking Inc., a Corporation of Unknown Origin;
White Glove Delivery of California, Inc., a California Corporation;
Case No. STK-CV-UOE-2021-0003723 (Cal. Super. Ct., San Joaquin
Cty., April 26, 2021).
The case type is stated as "Unlimited Civil Other Employment."
Home Installations Inc. -- https://inhomeinstallations.com/ -- has
been providing office & systems furniture, and demountable wall,
mobile filing installations in the Columbus area since 1994.[BN]
The Plaintiff is represented by:
Shani O. Zakay, Esq.
ZAKAY LAW GROUP, APLC
3990 Old Town Ave., Ste. C204
San Diego, CA 92110-2933
Phone: (619) 255-9047
Fax: (858) 404-9203
Email: shani@zakaylaw.com
INTERNATIONAL BROTHERHOOD: Anderson Sues Over Seized Union Dues
---------------------------------------------------------------
HEATHER ANDERSON, individually and on behalf of all others
similarly situated, Plaintiff v. PHIL MURPHY, in his official
capacity as Governor of New Jersey; ELIZABETH MAHER MUIO, in her
official capacity as New Jersey State Treasurer; GURBIR S. GREWAL,
in his official capacity as New Jersey Attorney General;
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 33,
Defendants, Case No. 3:21-cv-10393 (D.N.J., April 28, 2021) is a
class action against the Defendants for violations of the
Plaintiff's and Class members' First Amendment rights by seizing
union dues from wages of the Plaintiff and all others similarly
situated deputy attorney generals after providing notice to the
state that they opposed those seizures outside of the 10-day escape
period restriction.
International Brotherhood of Electrical Workers, Local 33, is a
labor organization headquartered at 19 Embassy Drive, Cherry Hill,
New Jersey. [BN]
The Plaintiff is represented by:
Michael P. Laffey, Esq.
222 Highway 35, 2nd Floor
Red Bank, NJ 07701
Telephone: (732) 642-6784
E-mail: mplaffeylaw@gmail.com
- and –
William L. Messenger, Esq.
James C. Devereaux, Esq.
NATIONAL RIGHT TO WORK LEGAL DEFENSE FOUNDATION
8001 Braddock Road, Suite 600
Springfield, VA 22160
Telephone: (703) 321-8510
E-mail: wlm@nrtw.org
abs@nrtw.org
INVALUABLE LLC: Sosa Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Invaluable, LLC. The
case is styled as Yony Sosa, on behalf of himself and all other
persons similarly situated v. Invaluable, LLC, Case No.
1:21-cv-03749 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Invaluable, LLC -- https://www.invaluable.com/ -- provides
e-commerce services. The Company operates an online auction
marketplace of fine and decorative arts, antiques, collectibles,
and estate sales.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
KENTFIELD REHABILITATION: Michaeli FCRA Suit Goes to N.D. Cal.
--------------------------------------------------------------
The case styled GIL MICHAELI, individually and on behalf of all
others similarly situated v. KENTFIELD REHABILITATION HOSPITAL
FOUNDATION; 1125 SIR FRANCIS DRAKE BOULEVARD OPERATING COMPANY,
LLC; VIBRA HEALTHCARE, LLC; and DOES 1 through 50, inclusive, Case
No. CIV2100683, was removed from the Superior Court of the State of
California, in and for the County of Marin, to the U.S. District
Court for the Northern District of California on April 26, 2021.
The Clerk of Court for the Northern District of California assigned
Case No. 3:21-cv-03035 to the proceeding.
The case arises from the Defendants' alleged violations of the
Federal Fair Credit and Reporting Act by providing job applicants
with non-compliant disclosure and authorization forms for
background investigation.
Kentfield Rehabilitation Hospital Foundation is a hospital in
Kentfield, California.
1125 Sir Francis Drake Boulevard Operating Company, LLC is a long
term care hospital in Kentfield, California.
Vibra Healthcare, LLC is an operator of general and rehabilitation
hospitals and other healthcare facilities, headquartered in
Mechanicsburg, Pennsylvania. [BN]
The Defendants are represented by:
Donald P. Sullivan, Esq.
Jessica Peterson, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Telephone: (415) 394-9400
Facsimile: (415) 394-9401
E-mail: donald.sullivan@jacksonlewis.com
jessica.peterson@jacksonlewis.com
KIA MOTORS: Maurico Sues Over Defective Vehicle's Rear Seat Belts
-----------------------------------------------------------------
JAMES JAVIER MAURICO, individually and on behalf of all others
similarly situated, Plaintiff v. KIA MOTORS AMERICA, INC. and DOES
1 through 10, inclusive, Defendants, Case No. 3:21-cv-03056 (N.D.
Cal., April 27, 2021) is a class action against the Defendants for
breach of express warranty, breach of the implied warranty of
merchantability, violation of the Song-Beverly Consumer Warranty
Act, the Consumers Legal Remedies Act, the False Advertising Law,
and the Unfair Competition Law.
According to the complaint, the Defendants failed to disclose to
consumers, including the Plaintiff, the rear seat belt
inaccessibility defect on Kia's Soul SK3 models. The Defendants
represented the Soul SK3 vehicle as a marvel of adaptability.
However, when the driver's side of the split rear seat is folded
down, no seat belt is accessible for the passenger-side rear seat
passenger. Thus, the passenger is exposed to a serious risk of
injury or death if the Kia Soul is involved in a car accident, the
suit alleges.
Kia Motors America, Inc. is an automobile manufacturer
headquartered in Irvine, California. [BN]
The Plaintiff is represented by:
Anthony L. Label, Esq.
Steven A. Kronenberg, Esq.
Jacqueline K. Oh, Esq.
THE VEEN FIRM, P.C.
20 Haight Street
San Francisco, CA 94102
Telephone: (415) 673-4800
Facsimile: (415) 771-5845
E-mail: a.label@veenfirm.com
s.kronenberg@veenfirm.com
j.oh@veenfirm.com
- and –
Brian D. Chase, Esq.
Jerusalem F. Beligan, Esq.
BISNAR | CHASE LLP
1301 Dove Street, Suite 120
Newport Beach, CA 92660
Telephone: (949) 752-2999
Facsimile: (949) 752-2777
E-mail: bchase@bisnarchase.com
jbeligan@bisnarchase.com
KROGER CO: Rosales Wage-and-Hour Suit Goes to C.D. California
-------------------------------------------------------------
The case styled OMAR ROSALES, individually and on behalf of all
others similarly situated v. THE KROGER CO. and DOES 1-100, Case
No. 30-2021-01191329-CU-OE-CXC, was removed from the Superior Court
of the State of California for the County of Orange to the U.S.
District Court for the Central District of California on April 28,
2021.
The Clerk of Court for the Central District of California assigned
Case No. 8:21-cv-00796 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay all straight time wages, failure to
pay all overtime wages, failure to provide meal periods, failure to
authorize and permit rest periods, knowing and intentional failure
to comply with itemized employee wage statement provisions, failure
to pay all wages due at the time of termination of employment, and
unfair competition.
The Kroger Co. is an American retail company headquartered in
Cincinnati, Ohio. [BN]
The Defendant is represented by:
Nate J. Kowalski, Esq.
Amber S. Healy, Esq.
Michael J. Morphew, Esq.
Lauren S. Gafa, Esq.
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Law Corporation
12800 Center Court Drive South, Suite 300
Cerritos, CA 90703-9364
Telephone: (562) 653-3200
Facsimile: (562) 653-3333
E-mail: NKowalski@aalrr.com
AHealy@aalrr.com
MMorphew@aalrr.com
LGafa@aalrr.com
LUMEN TECHNOLOGIES: Benstine Suit Moved from Cir. Ct. to M.D. Fla.
------------------------------------------------------------------
The class action lawsuit captioned as Benstine v. Lumen
Technologies, Inc. f/k/a CenturyLink, Inc., Case No. 21-CA-1041,
was removed from the Florida Twentieth Judicial Circuit in and for
Lee County, to the U.S. District Court for the Middle District of
Florida (Ft. Myers) on March 31, 2021.
The Middle District of Florida Court Clerk assigned Case No.
2:21-cv-00275-JLB-NPM to the proceeding.
The suit alleges violations related to personal property demanding
$5 million damages.
Lumen Technologies is an American telecommunications company
headquartered in Monroe, Louisiana, that offers communications,
network services, security, cloud solutions, voice, and managed
services.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave Ste 705
Miami, FL 33132
Telephone: (305) 479-2299
Facsimile: (786) 623-0915
E-mail: ashamis@sflinjuryattorneys.com
- and -
Manuel Santiago Hiraldo, Esq.
HIRALDO PA
401 E Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
- and -
Scott Adam Edelsberg
EDELSBERG LAW, PA
20900 NE 30th Ave, Suite 417
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
- and -
Christopher Chagas Gold, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
120 E. Palmetto Park Road Suite 500
Boca Raton, Fl 33433
Telephone: (561) 750-3000
Facsimile: (561) 750-3364
E-mail: chris@edelsberglaw.com
The Defendant is represented by:
Ashley Bruce Trehan, Esq.
Jordan D. Maglich, Esq.
BUCHANAN INGERSOLL & ROONEY, PC
401 E Jackson St., Suite 2400
Tampa, FL 33602-5236
Telephone: (813) 222-2083
Facsimile: (813) 384-2814
E-mail: ashley.trehan@bipc.com
jordan.maglich@bipc.com
LUXBEVERAGE LLC: Fischler Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Luxbeverage LLC. The
case is styled as Brian Fischler, Individually and on behalf of all
other persons similarly situated v. Luxbeverage LLC, Case No.
1:21-cv-03241-GBD (S.D.N.Y., April 14, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Luxbeverage -- http://luxbeverage.com/-- specializes in
bean-to-cup coffee experiences to ensure freshness, quality, and
taste. Through one-touch technology, each cup of coffee is prepared
in less than a minute with perfect consistency.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170-1830
Phone: (212) 764-7171
Email: chris@lipskylowe.com
MACY'S WEST: Bruemmer Wage-and-Hour Suit Goes to N.D. California
----------------------------------------------------------------
The case styled EMI BRUEMMER, individually and on behalf of all
others similarly situated v. MACY'S WEST STORES, INC., doing
business as MACY'S; MACY'S RETAIL HOLDINGS, LLC, doing business as
MACY'S; and DOES 1-50, inclusive, Case No. CW2100435, was removed
from the Superior Court of California for the County of Marin to
the U.S. District Court for the Northern District of California on
April 26, 2021.
The Clerk of Court for the Northern District of California assigned
Case No. 3:21-cv-03033 to the proceeding.
The case arises from the Defendants' alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to provide meal periods and rest periods,
failure to pay minimum wages, failure to provide accurate itemized
wage statements, and unfair competition.
Macy's Retail Holdings, LLC, doing business as Macy's and formerly
known as Macy's West Stores, Inc., is an owner and operator of
department stores, headquartered in Ohio. [BN]
The Defendant is represented by:
Cary G. Palmer, Esq.
Erika M. Barbara, Esq.
JACKSON LEWIS P.C.
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: (916) 341-0404
Facsimile: (916) 341-0141
E-mail: cary.palmer@jacksonlewis.com
erika.barbara@jacksonlewis.com
- and –
Michael C. Christman, Esq.
MACY'S LAW DEPARTMENT
11477 Olde Cabin Road, Suite 400
St. Louis, MO 63141
Telephone: (314) 342-6334
Facsimile: (314) 342-6366
E-mail: michael.christman@macys.com
MARS WRIGLEY: Brown Suit Transferred to E.D. New York
-----------------------------------------------------
The case styled as Molly Brown, individually and on behalf of all
others similarly situated v. Mars Wrigley Confectionery US, LLC,
Case No. 4:20-cv-08292 was transferred from the U.S. District Court
for the Northern District of California to the U.S. District Court
for the Eastern District of New York on April 14, 2021.
The District Court Clerk assigned Case No. 1:21-cv-01996-RJD-ST to
the proceeding.
The nature of suit is stated as Fraud or Truth-In-Lending.
Mars Wrigley -- https://www.mars.com/ -- is the world's leading
manufacturer of chocolate, chewing gum, mints and fruity
confections. Select a brand to learn more.[BN]
The Plaintiff is represented by:
Spencer I. Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Road, Ste. 409
Great Neck, NY 11021
Phone: (516) 260-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
- and -
Alex Rafael Straus, Esq.
GREG COLEMAN LAW
16748 McCormick St
Encino, CA 91436-1020
Phone: (917) 471-1894
Email: alex@gregcolemanlaw.com
- and -
Jonathan Shub, Esq.
SHUB LAW FIRM LLC
134 Kings Highway, Second Floor
Haddonfield, NJ 08033
Phone: (856) 772-7200
Email: ecf@shublawyers.com
The Defendant is represented by:
David Michael Horniak, Esq.
Omid G. Banuelos, Esq.
WILLIAMS & CONNOLLY, LLP
725 Twelfth Street N.W.
Washington, DC 20005
Phone: (202) 434-5852
Email: dhorniak@wc.com
obanuelos@wc.com
MCKINSEY & COMPANY: Illinois Sues Over Opioid Crisis in the State
-----------------------------------------------------------------
POPE COUNTY, ILLINOIS, and EDDYVILLE, ILLINOIS, individually and on
behalf of a class of all other similarly situated local
governmental entities, Plaintiffs v. MCKINSEY & COMPANY, INC.;
MCKINSEY & COMPANY, INC. UNITED STATES; MCKINSEY & COMPANY, INC.
WASHINGTON D.C., Defendants, Case No. 3:21-cv-00420-MAB (S.D. Ill.,
April 27, 2021) is a class action against the Defendants for
negligence, fraud and misrepresentation, public nuisance, civil
conspiracy, negligence per se, and violations of the Consumer Fraud
and Deceptive Business Practices Act and the Uniform Deceptive
Trade Practices Act.
The case arises from the integral role of the Defendants in
creating and deepening the opioid crisis in Illinois. The
Defendants allegedly knew of the dangers of opioids, and of the
misconduct of opioid manufacturer Purdue Pharma, but nonetheless
advised Purdue to improperly market and sell OxyContin, a
brand-name opioid. The Plaintiffs bring this action to recover
damages from the Defendants and to eliminate the hazard to public
health and safety caused by the opioid epidemic, to abate the
nuisance caused thereby, and to recoup monies that has been spent,
or will be spent, because of the Defendants' conduct in fueling the
epidemic.
McKinsey & Company, Inc. is a management consultant company, with a
principal place of business located at 711 Third Avenue, New York,
New York.
McKinsey & Company, Inc. United States is a management consultant
company, with a principal place of business located at 55 E 52nd
Street, New York, New York.
McKinsey & Company, Inc. Washington D.C. is a management consultant
company, with a principal place of business located at 1200 19th
Street, NW, Suite 1100, Washington D.C. [BN]
The Plaintiffs are represented by:
Teris N. Swanson, Esq.
BRYANT LAW CENTER, PSC
601 Washington Street
P.O. Box 1876
Paducah, KY 42003
Telephone: (270) 442-1422
Facsimile: (270) 443-8788
E-mail: teris@bryant.law
- and –
Joseph L. Kerr, Jr., Esq.
Jeff Friedman, Esq.
Matt Conn, Esq.
FRIEDMAN, DAZZIO & ZULANAS, P.C.
3800 Corporate Woods Drive
Birmingham, AL 35242
E-mail: jkerr@friedman-lawyers.com
jfriedman@friedman-lawyers.com
mconn@friedman-lawyers.com
- and –
Mark P. Bryant, Esq.
Emily Ward Roark, Esq.
BRYANT LAW CENTER, PSC
601 Washington Street
Paducah, KY 42003
Telephone: (270) 442-1422
E-mail: mark@bryant.law
emily@bryant.law
- and –
David G. Bryant, Esq.
DAVID BRYANT LAW, PLLC
600 West Main Street, Suite 100
Louisville, KY 40202
Telephone: (502) 540-1221
E-mail: david@davidbryantlaw.com
MEETCAREGIVERS: Noyes Sues to Recoup Unpaid Minimum, Overtime Wages
-------------------------------------------------------------------
Lisa Noyes, individually, and on behalf of all others similarly
situated v. MEETCAREGIVERS, INC., Case No. 1:21-cv-10693 (D. Mass.,
April 26, 2021), is brought arising from the Defendant's willful
violations of the Fair Labor Standards Act; and to seek unpaid
minimum, overtime, in addition to liquidated damages, fees and
costs, and any other remedies to which they may be entitled.
The Defendant failed to pay caregivers time-and-a-half of their
regular rate of pays for hours worked in excess of 40 in a
workweek. the Defendant knowingly and/or recklessly disregarded its
obligation to ensure that all of its caregivers' hours in excess of
40 hours were paid at time-and-a-half of caregivers' regular rates
of pay, says the complaint.
The Plaintiff was employed by the Defendant as a non-exempt
caregiver.
MEETCAREGIVERS, INC. provides senion care services.[BN]
The Plaintiff is represented by:
John Fink, Esq.
SIMS & SIMS LLP
53 Arlington Street
Brockton, MA 02301
Phone: (508)-588-6920 Extn. #104
Fax: (508)-586-3320
Email: JohnFink@simsandsimsllp.com
- and -
Lotus Cannon, Esq.
Jason T. Brown, Esq.
Nicholas Conlon, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Phone: (877) 561-0000
Email: jtb@jtblawgroup.com
nicholasconlon@jtblawgroup.com
MERCK & CO: Zostavax Causes Viral Infection, Rigaud Suit Claims
---------------------------------------------------------------
NICOLE J. RIGAUD, individually and on behalf of all others
similarly situated, Plaintiff v. MERCK & CO., INC. and MERCK SHARP
& DOHME CORP., Defendants, Case No. 2:21-cv-01903-HB (E.D. Pa.,
April 26, 2021) is a class action against the Defendants for
negligence, strict liability, products liability, breach of express
warranty, breach of implied warranty, negligent misrepresentation,
unjust enrichment, and punitive damages.
The case arises from the Defendants' failure to provide information
about the potential risk of viral infection of using Zostavax, a
vaccine designed and developed to prevent shingles. The Defendants
failed to exercise reasonable care in the design, formulation,
manufacture, sale, testing, quality assurance, quality control,
labeling, marketing, promotions, and distribution of Zostavax
because they knew, or should have known, that the product caused
viral infection, and was therefore not safe for administration to
consumers. The Defendants also failed to exercise due care in the
labeling of Zostavax and failed to issue to consumers and/or their
healthcare providers adequate warnings as to the risk of serious
bodily injury, including viral infection, resulting from its use,
the suit contends.
As a result of the Defendants' alleged wrongful conduct, the
Plaintiff sustained severe and permanent personal injuries, as well
as significant conscious pain and suffering, mental anguish,
emotional distress, loss of enjoyment of life, physical impairment
and injury.
Merck & Co., Inc. is an American multinational pharmaceutical
company based in New Jersey.
Merck Sharp & Dohme, Corp. is a company that operates as a
research-intensive biopharmaceutical company located in New Jersey.
[BN]
The Plaintiff is represented by:
Nicole Lovett, Esq.,
Michael Goetz, Esq.
T. Michael Morgan, Esq.
MORGAN & MORGAN
201 North Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 222-4737
E-mail: NLovett@ForThePeople.com
MGoetz@ForThePeople.com
MMorgan@ForThePeople.com
MIDLAND CREDIT: Davies Files FDCPA Suit in N.D. Illinois
--------------------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc. The case is styled as Matthew Davies, individually
and on behalf of a class of similarly situated individuals v.
Midland Credit Management, Inc., Case No. 1:21-cv-02236 (N.D. Ill.,
April 26, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Midland Credit Management, Inc. -- https://www.midlandcredit.com/
-- is a specialty finance company providing debt recovery solutions
for consumers across a broad range of assets.[BN]
The Plaintiff is represented by:
James C. Vlahakis, Esq.
SULAIMAN LAW GROUP, LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (630) 575-8181
Email: jvlahakis@sulaimanlaw.com
MILLIONAIRE GALLERY: Sosa Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Millionaire Gallery,
Inc. The case is styled as Yony Sosa, on behalf of himself and all
other persons similarly situated v. Millionaire Gallery, Inc., Case
No. 1:21-cv-03748 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Millionaire Gallery -- https://millionairegallery.com/ -- is a
truly unique experience where you'll find expertly authenticated
and curated collections.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
MONOGRAM INTERNATIONAL: Monegro Files ADA Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Monogram
International, Inc. The case is styled as Frankie Monegro, on
behalf of himself and all others similarly situated v. Monogram
International, Inc., Case No. 1:21-cv-03699 (S.D.N.Y., April 26,
2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Monogram International Inc. -- https://www.monogramdirect.com/ --
is a world leader in creating innovative Licensed products for a
variety of sales channels like Souvenir, Specialty, Promotional,
and Theme park.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
NASTASI & ASSOCIATES: Seeks Review of Judgment Entered in Kamco
---------------------------------------------------------------
Defendants J. T. Magen & Company, Inc. and Liberty Mutual Insurance
Company filed an appeal from a court ruling entered in the lawsuit
entitled KAMCO SUPPLY CORP., on behalf of itself and all other
persons similarly situated as trust fund beneficiaries of Lien Law
trusts of which NASTASI & Associates, Inc., is a trustee, Plaintiff
v. NASTASI & ASSOCIATES, INC., J.T. MAGEN & COMPANY, INC., LIBERTY
MUTUAL INSURANCE COMPANY, ANTHONY J. NASTASI and "JOHN DOE ONE"
THROUGH "JOHN DOE TEN," Defendants, Case No. 651725/2015, in the
Supreme Court of the State of New York County of New York.
The Defendants seek a review of the Court's Judgment dated April
20, 2021, entered in favor of Plaintiff and against Defendants,
J.T. Magen & Company Inc. and Liberty Mutual Insurance Company in
the amount of $939,301.88, together with interest at the rate of 9%
per annum from the date of April 29, 2015 until the date of the
decision and order, and thereafter at the statutory rate, as
calculated by the Clerk, together with costs and disbursements to
be taxed by the Clerk upon submission of an appropriate bill of
costs.
As previously reported in the Class Action Reporter, Kamco provided
acoustical tiles to N&A, a subcontractor to a project at 150 East
42nd Street for which JTM was the general contractor; N&A allegedly
failed to pay Kamco $939,301.88 for those materials, and Kamco
filed a mechanic's lien for that non-payment. Kamco sought to
recover the $939,301.88 unpaid balance, plus interest, from N&A and
its principal, Nastasi (together, Nastasi Defendants); Kamco also
sought to foreclose on the lien, which has been substituted by a
lien discharge bond purchased by JTM from Liberty.
Kamco also provided materials to N&A for 20 building construction
projects with which N&A was involved since November 1, 2015, and
asserted Lien Law trust-diversion class action claims against the
Nastasi Defendants. Kamco requested an accounting of all Lien Law
trust funds for each of the 20 projects, including one or more
projects for which JTM was the general contractor, to identify the
beneficiaries of the Lien Law funds and ascertain the amounts paid
and owed to N&A for each project. Kamco sought to recover, on
behalf of itself and the class, damages sustained due to the
Nastasi Defendants' alleged misappropriation or diversion of such
funds.
The appellate case is captioned as KAMCO SUPPLY CORP., on behalf of
itself and all other persons similarly situated as trust fund
beneficiaries of Lien Law trusts of which NASTASI & Associates,
Inc., is a trustee v. NASTASI & ASSOCIATES, INC., J.T. MAGEN &
COMPANY, INC., LIBERTY MUTUAL INSURANCE COMPANY, ANTHONY J. NASTASI
and "JOHN DOE ONE" THROUGH "JOHN DOE TEN," Case No. 2021-01428, in
the Appellate Division of the Supreme Court of the State of New
York, First Department, filed on April 22, 2021.[BN]
Defendants-Appellants J.T. Magen & Company, Inc. & Liberty Mutual
Insurance Company are represented by:
Manny A. Frade, Esq.
MELTZER, LIPPE, GOLDSTEIN & BREITSTONE, LLP
190 Willis Avenue
Mineola, New York 11501
Telephone: (516) 747-0300 Ext. 137
Facsimile: (516) 747-0653
NATIONAL GENERAL: Davie Town Fund Appeals Securities Suit Dismissal
-------------------------------------------------------------------
Movants Town of Davie Police Officers Retirement System and
Massachusetts Laborers' Pension Fund filed an appeal from a court
ruling entered in the lawsuit entitled CITY OF NORTH MIAMI BEACH
POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT PLAN, Plaintiff v.
NATIONAL GENERAL HOLDINGS CORP., ET AL., Defendants, Case No.
1:19-cv-10825-JPO, in the U.S. District Court for the Southern
District of New York.
On July 25, 2019, the City of North Miami Beach Police Officers'
and Firefighters' Retirement Plan filed a complaint in the U.S.
District Court for the Central District of California against the
Company and certain of its officers. The plaintiff purports to
represent a class of individuals and entities who purchased or
otherwise acquired shares of the Company's common stock between
August 5, 2015 and August 9, 2017. The complaint asserts claims
under Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5
promulgated thereunder based on allegedly false and misleading
statements made by the Company in its SEC filings in relationship
to the Company's involvement in the historical and no longer
existing Wells Fargo collateral protection insurance program. The
complaint seeks damages in an amount to be proven at trial.
On November 19, 2019, the U.S. District Court for the Central
District of California granted the Company's Motion to Transfer the
case to the Southern District of New York.
On January 10, 2020, lead plaintiffs Town of Davie Police Officers
Retirement System and Massachusetts Laborers' Pension Fund filed an
amended Complaint alleging similar claims under Sections 10(b) and
20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder on
behalf of a purported class of individuals and entities who
purchased or otherwise acquired shares of the Company's common
stock between July 15, 2015 and August 9, 2017.
Movants Town of Davie Police Officers Retirement System and
Massachusetts Laborers' Pension Fund now seek a review of the
Court's Opinion and Order dated January 21, 2021, granting
Defendants' motion to dismiss the amended complaint; Court's Order
dated March 12, 2021, wherein Plaintiff was granted the opportunity
to amend its complaint but has declined to do so; and Court's
Judgment dated March 15, 2021, stating that for the reasons stated
in the Court's Order dated March 12, 2021, following the Court's
opinion and order granting Defendants' motion to dismiss, Plaintiff
was granted the opportunity to amend its complaint. Plaintiff has
declined to do so, so judgment was entered for Defendants,
accordingly, the case was closed.
The appellate case is captioned as City of North Miami Beach Police
Officers' and Firefighters' Retirement Plan v. National General
Holdings Corp., Case No. 21-909, in the United States Court of
Appeals for the Second Circuit, filed on April 9, 2021.[BN]
Movants-Appellants Town of Davie Police Officers Retirement System
and Massachusetts Laborers' Pension Fund are represented by:
Ashley M. Price, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway
San Diego, CA 92101
Telephone: (619) 231-1058
E-mail: aprice@rgrdlaw.com
Defendants-Appellees National General Holdings Corp., Barry
Karfunkel, Michael Weiner, and Arthur Castner are represented by:
Michael Barry Carlinsky, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue
New York, NY 10010
Telephone: (212) 849-7150
E-mail: michaelcarlinsky@quinnemanuel.com
NATIONSTAR MORTGAGE: Morandi Appeals Class Certification Bid Denial
-------------------------------------------------------------------
Plaintiffs Ken Morandi and Blanca Mercado filed an appeal from a
court ruling entered in their lawsuit entitled KEN MORANDI and
BLANCA MERCADO, individually and on behalf of all others similarly
situated, v. NATIONSTAR MORTGAGE, LLC, d/b/a MR. COOPER, Case No.
2:19-cv-06334-MCS-MAA, in the U.S. District Court for the Central
District of California, Los Angeles.
As previously reported in the Class Action Reporter, on April 20,
2021, the Hon. Judge Mark C. Scarsi entered an order denying a
motion to certify a class of:
"All individuals in the state of California, who, during the
applicable limitations period, paid a convenience fee to Mr.
Cooper for paying over the phone in connection with any
residential mortgage loan owned or serviced by Mr. Cooper."
The Court said, "The Defendant identified several significant
issues requiring individual factual and legal determinations. The
Plaintiffs fail to show that these issues can be resolved on a
classwide basis or with common evidence. The Court determines that
Plaintiffs have not carried their burden to show that common
questions of fact and law predominate over questions affecting
individual members of the proposed class. The predominance inquiry
is dispositive, so the Court declines to address the other
requirements of Rule 23."
This is a case brought under California's Rosenthal Fair Debt
Collection Practices Act. The Plaintiffs assert that the Defendant
improperly charged them a convenience fee to make residential
mortgage payments by phone.
The Plaintiffs seek a review of the Order entered by Judge Scarsi
denying class certification.
The appellate case is captioned as Ken Morandi, et al. v.
Nationstar Mortgage LLC, Case No. 21-80037, in the United States
Court of Appeals for the Ninth Circuit, filed on April 21,
2021.[BN]
Plaintiffs-Petitioners KEN MORANDI and BLANCA MERCADO, Individually
and on behalf of all others similarly situated, are represented
by:
John E. Norris, Esq.
Dargan Maner Ware, Esq.
DAVIS & NORRIS, LLP
2154 Highland Avenue, South
Birmingham, AL 35205
Telephone: (205) 541-7759
E-mail: jnorris@davisnorris.com
dware@davisnorris.com
- and -
Robert Benjamin Salgado, III, Esq.
DAVIS AND NORRIS
5755 Oberlin Drive, Suite 301
San Diego, CA 92121
Telephone: (858) 333-4103
E-mail: rsalgado@davisnorris.com
Defendant-Respondent NATIONSTAR MORTGAGE LLC, DBA Mr. Cooper, is
represented by:
Mark Douglas Lonergan, Esq.
Mary Kate Sullivan, Esq.
SEVERSON & WERSON APC
One Embarcadero Center
San Francisco, CA 94111
Telephone: (415) 398-3344
E-mail: mdl@severson.com
mks@severson.com
NATONAL ENTERPRISE: Campbell Files FDCPA Suit in W.D. Wisconsin
---------------------------------------------------------------
A class action lawsuit has been filed against National Enterprise
Systems, Inc.. The case is styled as Deeanna Campbell, on behalf of
herself and others similarly situated v. National Enterprise
Systems, Inc., Case No. 3:21-cv-00287 (W.D. Wis., April 28, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
National Enterprise Systems, Inc. (NES) -- https://www.nes1.com/ --
was established in 1987 by Ernest R. Pollak, as a full-service debt
collection agency.[BN]
The Plaintiff is represented by:
James Davidson, Esq.
GREENWALD DAVIDSON RADBIL, PLLC
7601 N. Federal Highway, Suite A-230
Boca Raton, FL 33487
Phone: (561) 826-5477
Fax: (561) 961-5684
Email: jdavidson@gdrlawfirm.com
NORTHERN CALIFORNIA: Faces Eliazo Wage-and-Hour Suit in California
------------------------------------------------------------------
CHRISTINE ELIAZO, individually and on behalf of all others
similarly situated, Plaintiff v. NORTHERN CALIFORNIA RETINA
VITREOUS ASSOCIATES MEDICAL GROUP, INC.; and DOES 1 through 100,
inclusive, Defendants, Case No. 21CV380823 (Cal. Super., Santa
Clara Cty., April 28, 2021) is a class action against the
Defendants for violations of the California Labor Code and the
California Business and Professions Code including unpaid overtime,
unpaid meal period premiums, unpaid rest period premiums, unpaid
minimum wages, final wages not timely paid, wages not timely paid
during employment, non-compliant wage statements, failure to keep
requisite payroll records, unreimbursed business expenses, and
unfair business practices.
The Plaintiff worked for the Defendants as an hourly-paid,
nonexempt employee, from approximately August 2019 to approximately
July 2020 in Santa Clara County, California.
Northern California Retina Vitreous Associates Medical Group, Inc.
is a company that provides vitreoretinal surgical services,
headquartered in Mountain View, California. [BN]
The Plaintiff is represented by:
Edwin Aiwazian, Esq.
LAWYERS for JUSTICE, PC
410 West Arden Avenue, Suite 203
Glendale, CA 91203
Telephone: (818) 265-1020
Facsimile: (818) 265—1021
NP SKYLOFT ST: Milner Family Trust Files Suit in Del. Chancery Ct.
------------------------------------------------------------------
A class action lawsuit has been filed against NP Skyloft ST, LLC,
et al. The case is styled as The Milner Family Trust through Philip
H. Milner, Jr. and Pamela Milner, Co-Trustees, Plaintiffs v. NP
Skyloft ST, LLC, a Delaware LLC; AXONIC CAPITAL LLC, a Delaware
LLC; NELSON PARTNERS, LLC a Utah LLC; NP SKYLOFT EQUITY, LLC, a
Delaware LLC; NP SKYLOFT JV, LLC, a Delaware LLC; PATRICK NELSON;
TCG SKYLOFT JV LLC, a Delaware LLC; TCG SKYLOFT OWNER LLC, a
Delaware LLC, Defendants; NP SKYLOFT, DST Sheriff, New Castle
County, Sheriff, Nominal Defendant, Case No. 2021-0330-PAF (Del.
Chancery Ct., April 16, 2021).
The case type is stated as "Breach of Fiduciary Duties."
NP Skyloft ST, LLC --
https://nelsonpartners.com/nelson-partners-student-housing-purchases-skyloft/
-- offers Student Housing.[BN]
The Plaintiffs are represented by:
Bruce McNew, Esq.
Phone: (302) 652-3641
Fax: (302) 652-5379
The Defendants are represented by:
Michael J Barrie, Esq.
Phone: (216) 363-4594
Fax: (216) 363-4588
- and -
William M Alleman Jr, Esq.
Phone: (216) 363-4594
Fax: (216) 363-4588
- and -
Sean Meluney, Esq.
Phone: (216) 363-4594
Fax: (216) 363-4588
- and -
David E Wilks, Esq.
Phone: (302) 225-0850
Fax: (302) 225-0851
- and -
Scott Czerwonka, Esq.
Phone: (302) 225-0850
Fax: (302) 225-0851
- and -
Philip A Rovner, Esq.
Phone: (302) 984-6000
Fax: (302) 658-1192
- and -
Jonathan Choa, Esq.
Phone: (302) 984-6000
Fax: (302) 658-1192
- and -
Jonathan M Kass, Esq.
Phone: (302) 467-1765
Fax: (302) 467-1772
The Nominal Defendant is represented by:
Sheriff New Castle County
Phone: (302) 395-8457
Fax: (302) 395-8460
NYC BIKE SHARE: Sanchez Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against NYC Bike Share, LLC.
The case is styled as Cristian Sanchez, on behalf of himself and
all others similarly situated v. NYC Bike Share, LLC, Case No.
1:21-cv-03733 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
NYC Bike Share, LLC (Operators of Citi Bike) --
https://www.citibikenyc.com/ -- is a privately owned public bicycle
sharing system serving the New York City boroughs of the Bronx,
Brooklyn, Manhattan, and Queens, as well as Jersey City, New
Jersey.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
OBALON THERAPEUTICS: Finger Securities Suit Oppose ReShape Merger
-----------------------------------------------------------------
SUSAN FINGER v. OBALON THERAPEUTICS, INC., ANDREW RASDAL, WILLIAM
PLOVANIC, RAYMOND DITTAMORE, DOUGLAS FISHER, LES HOWE, KIM KAMDAR,
and SHARON STEVENSON, Case No. 21CV798-WQH-AGS (S.D. Cal., April
22, 2021) is a class action against the Defendants for their
violation of Sections 14(a) and 20(a) of the Securities Exchange
Act of 1934 and U.S. Securities and Exchange Commission (SEC) Rule
14a-9. The action also seeks to enjoin the vote on a proposed
transaction, pursuant to which Obalon will merge with ReShape
Lifesciences Inc. through Obalon's subsidiary Optimus Merger Sub,
Inc.
The complaint states that on January 20, 2021, ReShape issued a
press release announcing that it had entered into an Agreement and
Plan of Merger dated January 19, 2021 with Obalon. Under the terms
of the Merger Agreement, each share of ReShape common stock will be
converted into the right to receive a number of shares of common
stock of Obalon, according to a ratio determined at least 10 days
prior to the anticipated date of the consummation of the merger.
Upon consummation of the Proposed Transaction, current holders of
ReShape shares will own 51% of the outstanding common stock of the
combined company immediately after the merger and current Obalon
shareholders will own 49%.
On March 3, 2021, Obalon filed a Form 424B3 (the "Prospectus") with
the SEC. The Prospectus, which recommends that Obalon stockholders
vote in favor of the Proposed Transaction, omits or misrepresents
material information concerning, among other things the Company's
and ReShape's financial projections and the financial analyses
supporting the fairness opinion provided by the Board's financial
advisor, Canaccord Genuity LLC, asserts the complaint. Defendants
authorized the issuance of the false and misleading Prospectus in
violation of Sections 14(a) and 20(a) of the Exchange Act, it
adds.
The complaint notes that unless remedied, Obalon's public
stockholders will be irreparably harmed because the Prospectus'
material misrepresentations and omissions prevent them from making
a sufficiently informed voting decision on the Proposed
Transaction. Plaintiff seeks to enjoin the stockholder vote on the
Proposed Transaction unless and until such Exchange Act violations
are cured.
Plaintiff is a continuous stockholder of Obalon.
Obalon is a Delaware corporation, with its principal executive
offices located at 5421 Avenida Encinas, Suite F, Carlsbad,
California 92008. The Company is focused on developing and
commercializing novel technologies for weight loss. Obalon's common
stock trades on the Nasdaq Global Select Market is under the ticker
symbol "OBLN."
Defendant Andrew Rasdal has been President and Chief Executive
Officer of the Company since June 2020, and a director since June
2008.
Defendant William Plovanic has been a director of the Company since
May 2019. Plovanic previously served as President and CEO of the
Company from October 2019 to June 2020.[BN]
The Plaintiff is represented by:
Joel E. Elkins, Esq.
WEISSLAW LLP
9100 Wilshire Blvd. #725 E.
Beverly Hills, CA 90210
Telephone: 310/208-2800
Facsimile: 310/209-2348
- and -
Richard A. Acocelli, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Telephone: 212/682-3025
Facsimile: 212/682-3010
OKLAHOMA EMBROIDERY: Burbon Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Oklahoma Embroidery
Supply & Design, LLC. The case is styled as Luc Burbon and on
behalf of all persons similarly situated v. Oklahoma Embroidery
Supply & Design, LLC, Case No. 1:21-cv-02285 (E.D.N.Y., April 26,
2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Oklahoma Embroidery Supply and Design (OESD) --
https://www.oesd.com/ -- is an industry leading creator of machine
embroidery designs and embroidery products.[BN]
The Plaintiff is represented by:
Bradly Gurion Marks, Esq.
THE MARKS LAW FIRM PC
175 Varick Street 3rd Floor
New York, NY 10014
Phone: (646) 770-3775
Fax: (646) 867-2639
Email: brad@markslawfirm.net
OPTIMUM OUTCOMES: Prout Files TCPA Suit in E.D. North Carolina
--------------------------------------------------------------
A class action lawsuit has been filed against Optimum Outcomes, a
leading hospital receivables management outsourcing company. The
case is styled as Tivia Prout, individually and on behalf of all
others similarly situated v. Optimum Outcomes, Inc., Case No.
5:21-cv-00189-D (E.D.N.C., April 26, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Optimum Outcomes -- https://www.oorcm.com/home/ -- is the leading
hospital receivables management outsourcing company.[BN]
The Plaintiff is represented by:
David Matthew Wilkerson, Esq.
THE VAN WINKLE LAW FIRM
11 North Market Street
Asheville, NC 28801
Phone: (828) 258-2991
Fax: (828) 257-2767
Email: dwilkerson@vwlawfirm.com
OSGOOD TEXTILE: Burbon Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Luc Burbon, on behalf of himself and all other persons similarly
situated v. OSGOOD TEXTILE COMPANY, INC., Case No.
1:21-cv-02287-AMD-SJB (E.D.N.Y., April 26, 2021), is brought
against the Defendant for its failure to design, construct,
maintain, and operate its website to be fully accessible to and
independently usable by the Plaintiff and other blind or
visually-impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby and
in conjunction with its physical location, is a violation of the
Plaintiff's rights under the Americans with Disabilities Act.
Because the Defendants' Website WWW.ONLINEFABRICSTORE.COM, is not
equally accessible to blind and visually-impaired consumers, it
violates the ADA. The Plaintiff seeks a permanent injunction to
cause a change in the Defendant's corporate policies, practices,
and procedures so that the Defendant's website will become and
remain accessible to blind and visually-impaired consumers, says
the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using her
computer.
The Defendants operates the Online Fabric Store internet retailer
store across the United States..[BN]
The Plaintiff is represented by:
Bradly G. Marks, Esq.
THE MARKS LAW FIRM, PC
54 West 40th Street, Suite 1131
New York, NY 10018
Phone: (646) 770-3775
Fax: (646) 867-2639
Email: brad@markslawpc.com
- and -
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@gottlieb.legal
Danalgottlieb@aol.com
OWNERS INSURANCE: Bridal Appeals Insurance Suit Dismissal
---------------------------------------------------------
Plaintiff Bridal Expressions LLC filed an appeal from a court
ruling entered in the lawsuit entitled BRIDAL EXPRESSIONS LLC,
individually and on behalf of all others similarly situated,
Plaintiff v. OWNERS INSURANCE COMPANY, Defendant, Case No.
1:20-cv-00833, in the U.S. District Court for the Northern District
of Ohio at Cleveland.
As reported in the Class Action Reporter on May 12, 2020, the
lawsuit arises after the Defendant refused to pay its insureds
including the Plaintiff under its Business Income and Extra Expense
coverages for losses suffered due to COVID-19 and efforts to
prevent further property damage or to minimize the suspension of
business and continue operations.
The Plaintiff purchased insurance coverage from Defendant,
including special property coverage, as set forth in Defendant's
Businessowner's Special Property Coverage Form to protect its
business in the event that it suddenly had to suspend operations
for reasons outside of its control. The Defendant's Special
Property Coverage Form provides "Business Income" coverage, which
promises to pay for loss due to the necessary suspension of
operations. The Special Property Coverage Form does not include,
and is not subject to, any exclusion for losses caused by viruses
or communicable diseases unlike many policies that provide Business
Income coverage.
The Defendant has denied Plaintiff's claim under its policy after
it was forced to suspend business due to COVID-19 (a.k.a. the
"coronavirus" or "SARS-CoV-2") as well as to take necessary steps
to prevent further damage and minimize the suspension of business
and continue operations, asserts the complaint.
The Plaintiff is now seeking a review of the Court's Order dated
March 23, 2021, granting Defendant's Motion to dismiss for failure
to state a claim and denying as moot the Alternative Motion to
Strike Nationwide Class Action Allegations.
The appellate case is captioned as Bridal Expressions LLC v. Owners
Insurance Company, Case No. 21-3381, in the United States Court of
Appeals for the Sixth Circuit, filed on April 21, 2021.
The briefing schedule in the Appellate Case states that:
-- Appellant brief is due on June 1, 2021; and
-- Appellee brief is due on July 1, 2021.[BN]
Plaintiff-Appellant BRIDAL EXPRESSIONS LLC, individually and on
behalf of all others similarly situated, is represented by:
Mark A. DiCello, Esq.
DICELLO LEVITT GUTZLER
7556 Mentor Avenue
Mentor, OH 44060
Telephone: (440) 953-8888
E-mail: madicello@dicellolevitt.com
Defendant-Appellee OWNERS INSURANCE COMPANY is represented by:
Lori McAllister, Esq.
Kyle Michael Asher, Esq.
DYKEMA
201 Townsend Street, Suite 900
Lansing, MI 48933
Telephone: (517) 374-9100
E-mail: lmcallister@dykema.com
kasher@dykema.com
PACESETTER STEEL: Bankhead BIPA Class Suit Removed to N.D. Illinois
-------------------------------------------------------------------
The case styled DARIUS BANKHEAD, individually and on behalf of all
others similarly situated v. PACESETTER STEEL SERVICE, INC., Case
No. 2021CH01325, was removed from the Circuit Court of Cook County,
Illinois, to the U.S. District Court for the Northern District of
Illinois on April 26, 2021.
The Clerk of Court for the Northern District of Illinois assigned
Case No. 1:21-cv-02217 to the proceeding.
The case arises from the Defendant's alleged violations of the
Illinois' Biometric Information Privacy Act by scanning and
collecting and storing digital copies of its employees'
fingerprints; failing to inform Illinois residents of the specific
purpose and length of term for which their biometric identifies or
information would be collected, stored and used; and failing to
have written, publicly available policies identifying its retention
schedules, or guidelines for permanently destroying any of these
biometric identifiers or biometric information.
Pacesetter Steel Service, Inc. is a steel distributor in Georgia.
[BN]
The Defendant is represented by:
Jennifer A. Naber, Esq.
Alexandra McNicholas, Esq.
LANER MUCHIN, LTD.
515 North State Street, Suite 2800
Chicago, IL 60654
Telephone: (312) 467-9800
Facsimile: (312) 467-9479
E-mail: jnaber@lanermuchin.com
amcnicholas@lanermuchin.com
PARTS AUTHORITY: Chavez Suit Removed to C.D. California
-------------------------------------------------------
The case styled as Wendy Chavez, individually, and on behalf of
other aggrieved employees v. Parts Authority Metro LLC, DOES 1
through 100, inclusive, Case No. 21STCV09368 was removed from the
Los Angeles Superior Court, to the U.S. District Court for the
Central District of California on April 26, 2021.
The District Court Clerk assigned Case No. 2:21-cv-03562 to the
proceeding.
The nature of suit is stated as Jobs Civil Rights.
Parts Authority, founded in 1972 -- https://partsauthority.com/ --
is one of the largest distributors of automotive and truck parts to
the aftermarket auto parts industry in the United States serving
customers in the commercial channel, including installers,
dealerships, fleets and national accounts as well as in the
e-commerce channel.[BN]
The Plaintiff appears pro se.
PAYPAL INC: Monegro Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Paypal, Inc. The case
is styled as Frankie Monegro, on behalf of himself and all others
similarly situated v. Paypal, Inc., Case No. 1:21-cv-03700
(S.D.N.Y., April 26, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
PayPal Inc. -- https://www.paypal.com/ -- is an American company
operating an online payments system in the majority of countries
that support online money transfers, and serves as an electronic
alternative to traditional paper methods like checks and money
orders.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
PEOPLE'S UNITED: Hynes Sues Over Misleading Info on Merger with M&T
-------------------------------------------------------------------
MICHAEL J. HYNES v. PEOPLE'S UNITED FINANCIAL, INC., JOHN P.
BARNES, COLLIN P. BARON, GEORGE CARTER, JANE CHWICK, WILLIAM F.
CRUGER, JR., JOHN K. DWIGHT, JERRY FRANKLIN, JANET M. HANSEN, NANCY
MCALLISTER, MARK W. RICHARDS, and KIRK W. WALTERS, Case No.
1:21-cv-03554 (S.D.N.Y., April 21, 2021) is a class action brought
against the Defendants for their violations of Sections 14(a) and
20(a) of the Securities Exchange Act of 1934, 15 U.S.C. sections
78n(a), 78t(a), and U.S. Securities and Exchange Commission Rule
14a-9, 17 C.F.R. section 240.14a-9, arising out of their attempt to
merge with M&T Bank Corporation through M&T's subsidiary Bridge
Merger Corp.
According to the complaint, on February 22, 2021, People's United
announced that it had entered into an Agreement and Plan of Merger
with M&T pursuant to which the Company's shareholders will receive
0.118 shares of M&T common stock for each People's United share
they own.
On April 1, 2021, defendants caused to be filed with the SEC a Form
S-4 Registration Statement. The S-4 is materially deficient and
misleading because, inter alia, it fails to disclose material
information regarding (i) the financial valuation analyses
performed by the Company's financial advisors, Keefe, Bruyette &
Woods, Inc. and J.P. Morgan Securities LLC; and (ii) potential
conflicts of interest faced by J.P. Morgan and Company insiders.
Without additional information, the S-4 is materially misleading in
violation of the federal securities laws, the complaint asserts.
Plaintiff is, and has been at all times, a continuous stockholder
of People's United.
People's United is a Delaware corporation, with its principal
executive offices located at 850 Main Street, Bridgeport,
Connecticut 06604. People's United's shares trade on the NASDAQ
Global Select Market under the ticker symbol "PBCT."
John P. Barnes is Chairman of the Board and has served as Chief
Executive Officer and a director of the Company since July 22,
2010.
Collin P. Baron has served as a director of the Company since
2001.
George P. Carter is the Lead Director of the Board and has served
as a director of the Company since 1976.[BN]
The Plaintiff is represented by:
Richard A. Acocelli, Esq.
WEISSLAW LLP
1500 Broadway, 16th Floor
New York, NY 10036
Tel: (212) 682-3025
Fax: (212) 682-3010
Email: racocelli@weisslawllp.com
- and -
Melissa A. Fortunato, Esq.
BRAGAR EAGEL & SQUIRE, P.C.
580 California Street, Suite 1200
San Francisco, CA 94104
Tel: (415) 568-2124
Fax: (212) 486-0462
Email: fortunato@bespc.com
PIH HEALTH: Faces Mason Suit Over Blind-Inaccessible Website
------------------------------------------------------------
Portia Mason, individually and on behalf of all others similarly
situated v. PIH HEALTH, INC., a California corporation; and DOES 1
to 10, inclusive, Case No. 2:21-cv-03236-AB-MRW (S.D. Cal., April
14, 2021), is brought to secure redress against the Defendants for
its failure to design, construct, maintain, and operate its website
to be fully and equally accessible to and independently usable by
the Plaintiff and other blind or visually impaired people.
The Defendants' denial of full and equal access to its website, and
therefore denial of its products and services offered thereby and
in conjunction with its physical locations, is a violation of the
Plaintiff's rights under the Americans with Disabilities Act and
California's Unruh Civil Rights Act. Because the Defendants'
website, https://www.pihhealth.org/, is not fully or equally
accessible to blind and visually impaired consumers in violation of
the ADA, the Plaintiff seeks a permanent injunction to cause a
change in the Defendants' corporate policies, practices, and
procedures so that the Defendants' website will become and remain
accessible to blind and visually impaired consumers, says the
complaint.
The Plaintiff is a visually impaired and legally blind person who
requires screen reading software to read website content using her
computer.
The Defendant's website provides consumers access to high-quality
healthcare.[BN]
The Plaintiff is represented by:
Thiago Coelho, Esq.
Jasmine Behroozan, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Blvd., 12th Floor
Los Angeles, CA 90010
Phone: (213) 381-9988
Facsimile: (213) 381-9989
Email: thiago@wilshirelawfirm.com
jasmine@wilshirelawfirm.com
PITTSBURGH MINERAL: Walker Sues to Recover Unpaid Overtime Wages
----------------------------------------------------------------
James Walker, individually and For Others Similarly Situated v.
PITTSBURGH MINERAL & ENVIRONMENTAL TECHNOLOGY, INC., Case No.
2:21-cv-00510-CB (W.D. Pa., April 15, 2021), is brought to recover
unpaid overtime wages and other damages from the Defendant under
the Fair Labor Standards Act.
The Plaintiff worked for the Defendant in excess of 40 hours each
week. But the Defendant did not pay the Plaintiff overtime. Instead
of paying overtime as required by the FLSA, the Defendant paid the
Plaintiff a daily rate without overtime compensation. This
collective action seeks to recover the unpaid overtime wages and
other damages owed to the Plaintiff and workers similarly situated
to the Plaintiff, says the complaint.
The Plaintiff worked for the Defendant as an Inspector.
PMET is a Pennsylvania Close Corporation.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: (713) 877-8065
Email: rburch@brucknerburch.com
- and -
Joshua P. Geist, Esq.
GOODRICH & GEIST PC
3634 California Ave.
Pittsburgh, Pennsylvania 15212
Phone: 412-766-1455
Facsimile: 412-766-0300
Email: josh@goodrichandgeist.com
QUINTET ACQUISITIONS: Lawson FMLA and FLSA Suit Removed to D.S.C.
-----------------------------------------------------------------
The case styled MONICA LAWSON, individually and on behalf of all
others similarly situated v. QUINTET ACQUISITIONS, LLC, Case No.
2021-CP-40-0787, was removed from the Court of Common Pleas for the
State of South Carolina, Richland County, to the U.S. District
Court for the District of South Carolina on April 28, 2021.
The Clerk of Court for the District of South Carolina assigned Case
No. 3:21-cv-01262-MGL-SVH to the proceeding.
The case arises from the Defendant's alleged interference and
discrimination pursuant to the Family and Medical Leave Act and
unpaid overtime and retaliation under the Federal Labor Standards
Act and the South Carolina Wage Payment Act.
Quintet Acquisitions, LLC is an investment firm located in Chapel
Hill, North Carolina. [BN]
The Defendant is represented by:
Cara Y. Crotty, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
1301 Gervais Street, Ste. 1020
Columbia, SC 29201-3326
Telephone: (803) 256-3200
E-mail: ccrotty@constangy.com
RANDSTAD US: Guzman Sues Over Failure to Pay Proper Wages
---------------------------------------------------------
CRISTINA GUZMAN, individually and on behalf of all others similarly
situated, Plaintiff v. RANDSTAD US, LLC and DOES 1 thru 50,
inclusive, Defendants, Case No. 21CV380800 (Cal. Super., Santa
Clara Cty., April 28, 2021) is a class action against the
Defendants for violations of the California Labor Code including
failure to pay wages and overtime for all hours worked and failure
to provide meal breaks.
Ms. Guzman was employed by the Defendants as an hourly-paid
employee in California.
Randstad US, LLC is an employment and recruitment agency,
headquartered in Atlanta, Georgia. [BN]
The Plaintiff is represented by:
Eric B. Kingsley, Esq.
Kelsey M. Szamet, Esq.
KINGSLEY & KINGSLEY, APC
16133 Ventura Blvd., Suite 1200
Encino, CA 91436
Telephone: (818) 990—8300
Facsimile: (818) 990—2903
E-mail: eric@kingsleykingsley.com
kelsey@kingsleykingsley.com
RECEIVABLES MANAGEMENT: Blair Files FDCPA Suit in S.D. Indiana
--------------------------------------------------------------
A class action lawsuit has been filed against Receivables
Management Partners, LLC. The case is styled as Joshua Blair,
individually, and on behalf of all others similarly situated v.
Receivables Management Partners, LLC doing business as: RMP, LLC,
Case No. 1:21-cv-00930-TWP-TAB (S.D. Ind., April 15, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
RMP -- https://www.receivemorermp.com/ -- is now a Meduit company
powering the future of revenue cycle management.[BN]
The Plaintiff is represented by:
Angie K. Robertson, Esq.
David J. Philipps, Esq.
Mary E. Philipps, Esq.
PHILLIPPS AND PHILIPPS, LTD.
9760 S. Roberts Road, Suite One
Palos Hills, IL 60465
Phone (708) 974-2900
Fax: (708) 974-2907
Email: angie@philippslegal.com
davephilipps@aol.com
mephilipps@aol.com
- and -
John Thomas Steinkamp, Esq.
JOHN STEINKAMP & ASSOCIATES
5214 S. East Street, Suite D-1
Indianapolis, IN 46227
Phone (317) 780-8300
Fax: (317) 217-1320
Email: John@johnsteinkampandassociates.com
The Defendant appears pro se.
RESURGENT CAPITAL: Fonteboa Files FDCPA Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Resurgent Capital
Services L.P., et al. The case is styled as Tatiana Fonteboa,
individually and on behalf of all others similarly situated v.
Resurgent Capital Services L.P., LVNV Funding LLC, Case No.
1:21-cv-02293 (E.D.N.Y., April 26, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Resurgent Capital Services -- https://www.resurgent.com/ -- is a
manager and servicer of domestic and international consumer debt
portfolios for credit grantors and debt buyers.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
HOROWITZ LAW, PLLC
14441 70th Road
Flushing, NY 11367
Phone: (718) 705-8706
Fax: (718) 705-8705
Email: uri@horowitzlawpllc.com
RITTENHOUSE ARCHIVES: Monegro Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Rittenhouse Archives
Ltd. The case is styled as Frankie Monegro, on behalf of himself
and all others similarly situated v. Rittenhouse Archives Ltd.,
Case No. 1:21-cv-03760 (S.D.N.Y., April 28, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Rittenhouse Archives, Ltd. -- https://www.scifihobby.com/ --
specializes in science fiction, fantasy and comic book trading
cards and related collectables.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
ROCK 'EM APPAREL: Monegro Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Rock 'Em Apparel Co.
The case is styled as Frankie Monegro, on behalf of himself and all
others similarly situated v. Rock 'Em Apparel Co., Case No.
1:21-cv-03697 (S.D.N.Y., April 26, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Rock 'Em Apparel (formerly Rock 'Em Socks) --
https://rockemsocks.com/ -- is an online company which provides
home of the world's most authentic graphic sock.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
ROPER ST. FRANCIS: Prevost Sues Over Failure to Secure PII & PHI
----------------------------------------------------------------
Louise Prevost, individually and on behalf of all others similarly
situated v. ROPER ST. FRANCIS HEALTHCARE, Case No. 2021CP1001754
(S.C. Ct. of Common Please, 9th Judicial, Charleston Cty., April
16, 2021), is brought against the Defendant for its failure to
properly secure and safeguard personal identifiable information
("PII") and protected health information ("PHI") that Defendant
acquired from or created for its patients.
According to the complaint, the Defendant required this information
from its patients or created this information for its patients as a
condition or result of medical treatment, including without
limitation, names, addresses, dates of birth, MPI (patient
identification) numbers, Social Security numbers, driver's
license/state ID numbers, passport numbers, credit/debit card
information, and financial information as well as medical
treatment/diagnosis information, medical record information, and
health insurance/claims information. The Plaintiff also alleges the
Defendant failed to provide timely, accurate and adequate notice of
the Plaintiff and members of the Proposed Class, that their PII and
PHI had been lost and precisely what types of information was
unencrypted and in the possession of unknown third parties.
By obtaining, collecting, using and deriving a benefit from the
Plaintiff's PII and PHI, the Defendant assumed legal and equitable
duties to those individuals. The Defendant admits that the
unencrypted PII and PHI to "unauthorized individual" included name,
date of birth, medical record or patient account number, health
insurance information, and clinical or treatment information, such
as date of service, provider name, or treatment cost information.
The exposed PII and PHI was compromised due to the Defendant's
negligent and/or careless acts and omissions and failure to protect
PII and PHI of Defendant's current and former patients. In addition
to the Defendant's failure to prevent the Data Breach, after
discovering the breach, Defendant waited several months to report
it. As a result of this delayed response, the Plaintiff and Class
Members had no idea their PII and PHI had been compromised, and
that they were, and continue to be, at significant risk of identity
theft and various other forms of person, social and financial harm.
The risk will remain for their respective lifetimes, says the
complaint.
The Plaintiff was a patient at Roper St. Francis Healthcare at the
time of the Data Breach.
The Defendant is a corporation organized under the laws of South
Carolina.[BN]
The Plaintiff is represented by:
Blake G. Abbott, Esq.
Eric M. Poulin, Esq.
Roy T. Willey, Esq.
ANASTOPOULO LAW FIRM, LLC
32 Ann Street
Charleston, SC 29403
Phone: (843) 614-8888
Email: blake@akimlawfirm.com
eric@akimlawfirm.com
roy@akimlawfirm.com
ROYAL UNITED: Peterssen Files TCPA Suit in S.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against Royal United Mortgage
LLC. The case is styled as Michelle Johnson Peterssen,
individually, and on behalf of all others similarly situated v.
Royal United Mortgage LLC, an Indiana company, Case No.
1:21-cv-21629-DPG (S.D. Fla., April 28, 2021).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Royal United Mortgage LLC -- https://www.royalunitedmortgage.com/
-- headquartered in Indianapolis, Indiana, is a privately held
National Mortgage Lender that has been in business since 2008.[BN]
The Plaintiff is represented by:
Avi Robert Kaufman, Esq.
KAUFMAN PA
31 Samana Drive
Miami, FL 33133
Phone: (305) 469-5881
Email: kaufman@kaufmanpa.com
- and -
Stefan Louis Coleman, Esq.
LAW OFFICES OF STEFAN COLEMAN, P.A.
201 S Biscayne Blvd, 28th Floor
Miami, Fl 33131
Phone: (877) 333-9427
Fax: (888) 498-8946
Email: law@stefancoleman.com
SAMSUNG ELECTRONICS: Vasadi Sues Over Galaxy S20 Smartphone Defect
------------------------------------------------------------------
JEAN VASADI, DANIELLE MOYER, JOSH SHEPHERD, LINDSEY STONEBRAKER,
GREG TREACY, and SCOTT TEITSCH, individually and on behalf of all
others similarly situated, Plaintiffs v. SAMSUNG ELECTRONICS
AMERICA, INC., Defendant, Case No. 2:21-cv-10238 (D.N.J., April 27,
2021) is a class action against the Defendant for fraud by
concealment, breach of express warranty, breach of implied warranty
of merchantability, and violations of the New York General Business
Law, the Magnuson-Moss Warranty Act, and various state consumer
protection laws in the U.S.
According to the complaint, the Defendant is engaged in false and
deceptive advertising, labeling, and marketing of Samsung Galaxy
S20 and S20 Ultra smartphones. The Defendant represented the
Samsung Galaxy S20 smartphones to have a high-quality,
professional-grade camera, however, it allegedly failed to disclose
to consumers, including the Plaintiffs, about the smartphones'
shattered defect. Several consumers complained that the
smartphones' back camera module's glass can shatter suddenly.
Despite receiving numerous consumer complaints, the Defendant
failed to respond and comply with the terms of its limited
warranty. The Defendant also blamed its consumers for their broken
phones. The Plaintiffs and Class members are left with no option
but to pay for an expensive repair or replacement themselves, the
suit says.
Samsung Electronics America, Inc. is a manufacturer of electronic
products, headquartered in Ridgefield Park, New Jersey. [BN]
The Plaintiffs are represented by:
James E. Cecchi, Esq.
Lindsey H. Taylor, Esq.
CARELLA, BYRNE, CECCHI OLSTEIN, BRODY & AGNELLO
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
- and –
Christopher A. Seeger, Esq.
SEEGER WEISS
55 Challenger Road, 6th Floor
Ridgefield Park, NJ 07660
Telephone: (973) 639-9100
- and –
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
SARA LEE: Salouras Sues Over Mislabeled All Butter Pound Cake
-------------------------------------------------------------
PAULA SALOURAS, individually, and on behalf of all others
similarly-situated v. SARA LEE FROZEN BAKERY, LLC, Case No.
1:21-cv-02117 (N.D. Ill., April 19, 2021) arises out of the
Defendant's deceptive, unfair, and false merchandising practices
regarding its All Butter Pound Cake, in violation of the Illinois
Consumer Fraud and Deceptive Business Practices Act and common
law.
According to the complaint, the Defendant prominently represents
that the product is "All Butter Pound Cake" on all its labels.
While the product contains butter, it also contains soybean oil, a
shortening ingredient. The representation is misleading because
butter is not the only shortening ingredient in the product, as
shown by the small print of the ingredient list. The product also
contains annatto, a food coloring which imparts a yellowish-hue, as
seen by the yellow slices of the product on the front label. The
Defendant's branding and packaging of the product is designed to --
and does -- deceive, mislead, and defraud Plaintiff and other
consumers, the suit asserts.
Ms. Salouras, an Illinois citizen residing in Cook County,
Illinois, purchased the Defendant's All Butter Pound Cake for
personal, family, or household purposes.
The Defendant manufactures, distributes, markets, labels and sells
the product under its "Sara Lee" brand. [BN]
The Plaintiff is represented by:
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 W. Randolph St., Suite 1630
Chicago, IL 60606
Telephone: (312) 621-2000
Facsimile: (312) 641-5504
E-mail: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
- and -
Bruce W. Steckler, Esq.
Craig D. Cherry, Esq.
STECKLER WAYNE COCHRAN PLLC
1270 Hillcrest Road, Suite 1045
Dallas, TX 75230
Telephone: (972) 387-4040
Facsimile: (972) 387-4041
E-mail: bruce@swclaw.com
craig@swclaw.com
SEAHORSE & GAZELLE: Sanchez Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Seahorse & Gazelle,
Inc. The case is styled as Cristian Sanchez, on behalf of himself
and all others similarly situated v. Seahorse & Gazelle, Inc., Case
No. 1:21-cv-03740 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Seahorse & Gazelle Inc. -- https://gazellesports.com/ -- retails
apparels. The Company offers men's, women's, and children's
jackets, bottoms, hats, gloves, belts, wallets, and footwear
products.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
SEALY ECOMMERCE: Sanchez Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Sealy Ecommerce, LLC.
The case is styled as Cristian Sanchez, on behalf of himself and
all others similarly situated v. Sealy Ecommerce, LLC, Case No.
1:21-cv-03737 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sealy -- https://www.sealy.com/ -- is ranked America's #1 Mattress
Brand, 2020.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
COHEN & MIZRAHI LLP
300 Cadman Plaza West, 12th Floor
Brooklyn, NY 11201
Phone: (929) 575-4175
Fax: (929) 575-4195
Email: joseph@cml.legal
SECOND ROUND: Greenfeld Sues Over Misleading Debt Collection Letter
-------------------------------------------------------------------
MALKA GREENFELD, individually and on behalf of all others similarly
situated, Plaintiff v. SECOND ROUND SUB, LLC and JOHN DOES 1-25,
Defendants, Case No. 1:21-cv-02338 (E.D.N.Y., April 28, 2021) is a
class action against the Defendants for violation of the Fair Debt
Collections Practices Act.
According to the complaint, the Defendant sent a debt collection
letter to the Plaintiff using a language that threatens him to make
payment immediately to avoid negative credit reporting instead of
exercising his statutory right to dispute the debt. Allegedly, the
threat is deceptive because it says that the Defendant may report
the account to the credit bureaus which implies this has not been
done yet, and then contradicts itself by saying that the
information may already appear on your credit report.
Second Round Sub, LLC is a debt collection agency, with its
principal office located at 80 State Street, Albany, New York.
[BN]
The Plaintiff is represented by:
Raphael Deutsch, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
SELECTIVE INSURANCE: Quakerbridge Appeals Case Dismissal to 3rd Cir
-------------------------------------------------------------------
Plaintiff Quakerbridge Early Learning LLC filed an appeal from a
court ruling entered in the lawsuit entitled QUAKERBRIDGE EARLY
LEARNING LLC d/b/a KIDDIE ACADEMY OF HAMILTON, individually and on
behalf of all others similarly situated, Plaintiff v. SELECTIVE
INSURANCE COMPANY OF NEW ENGLAND and SELECTIVE INSURANCE GROUP,
INC., Defendants, Case No. 3-20-cv-07798, in the United States
District Court for the District of New Jersey.
As reported in the Class Action Reporter on July 1, 2020, the
lawsuit is a class action against the Defendants for violation of
their insurance policy.
According to the complaint, the Defendants rejected the Plaintiff's
business loss and business interruption claims and other claims
under the insurance policy, contending, inter alia, that the
Plaintiff did not suffer physical damage to its property directly
and therefore not entitled to coverage for the losses and damages
incurred. The Plaintiff alleges that the insurance policy that it
bought from the Defendants is an all-risk policy, which includes
business interruption coverage for closure by Order of Civil
Authority, along with coverage for extended expenses. The Plaintiff
and all others similarly situated child care centers purchased the
Defendants' policy with an expectation that they were purchasing a
policy that would provide coverage in the event of business
interruption and extended expenses, such as that suffered by the
Plaintiff as a result of COVID-19. At no time had Defendants, or
their agents, notified the Plaintiff and Class members that the
coverage that they had purchased pursuant to an all-risk policy
that included business interruption coverage had exclusions and
provisions that purportedly undermined the very purpose of the
coverage, of providing benefits in the occurrence of business
interruption and incurring extended expenses.
The Plaintiff seeks a review of the Court's Order dated March 31,
2021, granting Defendants' Motion to Dismiss and dismissing its
Complaint with prejudice.
The appellate case is captioned as Quakerbridge Early Learning v.
Selective Insurance Co, et al., Case No. 21-1719, in the United
States Court of Appeals for the Third Circuit, filed on April 20,
2021.[BN]
Plaintiff-Appellant QUAKERBRIDGE EARLY LEARNING LLC, Individually
and on behalf of all others similarly situated, d/b/a Kiddie
Academy of Hamilton, is represented by:
Laurence S. Berman, Esq.
Arnold Levin, Esq.
Daniel C. Levin, Esq.
Frederick S. Longer, Esq.
Michael M. Weinkowitz, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: lberman@lfsblaw.com
alevin@lfsblaw.com
dlevin@lfsblaw.com
flonger@lfsblaw.com
mweinkowitz@lfsblaw.com
- and -
Paul W. Evans, Esq.
Wilson D. Miles, III, Esq.
Rachel N. Minder, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES
218 Commerce Street
Montgomery, AL 36104
Telephone: (334) 269-2343
- and -
Richard M. Golomb, Esq.
Kenneth J. Grunfeld, Esq.
GOLOMB & HONIK
1515 Market Street, Suite 1100
Philadelphia, PA 19102
Telephone: (215) 985-9177
E-mail: rgolomb@golombhonik.com
kgrunfeld@golombhonik.com
Defendants-Appellees SELECTIVE INSURANCE CO OF NEW ENGLAND and
SELECTIVE INSURANCE GROUP INC are represented by:
Elizabeth J. Sher, Esq.
DAY PITNEY
One Jefferson Road
Parsippany, NJ 07054
Telephone: (973) 966-8214
E-mail: esher@daypitney.com
SHAUN FERGUSON: Williams Files Suit in E.D. Louisiana
-----------------------------------------------------
A class action lawsuit has been filed against Ferguson, et al. The
case is styled as Remingtyn A. Williams, Lauren E. Chustz, Bilal
Ali-Bey, on behalf of themselves and all other persons similarly
situated v. Shaun Ferguson, in his official capacity as
Superintendent of the New Orleans Police Department; Lamar A Davis,
in his official capacity as Superintendent of the Louisiana State
Police; Joseph P. Lopinto, III, in his official capacity as Sheriff
of Jefferson Parish; Officer Travis Johnson, Officer Jason
Jorgenson, Officer Devin Joseph, Officer Michael Pierce, Officer
David DeSalvo, Officer Wesley Humbles, Officer Arden Taylor, Jr.,
Officer Frank Vitrano, Lieutenant Merlin Bush, Officer Michael
Devezin, Officer Bryan Bissell, Officer Daniel Grijalva, Officer
Brandon Abadie, Officer Devin Johnson, Officer Douglas Boudreau,
Officer Matthew Connolly, Sergeant Terrence Hilliard, Sergeant
Travis Ward, Sergeant Evan Cox, Officer Jonathan Burnette, Officer
Justin McCubbins, Officer Kenneth Kuykindall, Officer Zachary
Vogel, Sergeant Lamont Walker, Officer Denzel Millon, Officer
Raphael Rico, Officer Jamal Kendrick, Sergeant Daniel Hiatt,
Officer Jeffrey Crouch, Officer John Cabral, Officer Matthew Ezell,
Officer James Cunningham, Officer Demond Davis, Officer Joshua
Diaz, Sergeant Stephen Nguyen, Officer Vinh Nguyen, Officer Matthew
Mckoan, Captain Brian Lampard, Captain LeJon Roberts, Deputy Chief
John Thomas, John Does 1-100, New Orleans Police Department; John
Poes 1-50, Louisiana State Police Department; Case No.
2:21-cv-00852-GGG-MBN (E.D. La., April 28, 2021).
The nature of suit is stated as Other Civil Rights for the Civil
Rights Act.
Shaun Ferguson (@NOPDChief) is the Superintendent of the New
Orleans Police Department, in New Orleans, Louisiana.[BN]
The Plaintiffs are represented by:
Stephanie Legros Willis, Esq.
ACLU OF LOUISIANA
1340 Poydras St., Ste. 2160
New Orleans, LA 70112
Phone: (504) 522-0628
Email: swillis@laaclu.org
SHELL ENERGY: Katz Suit Transferred to District of Massachusetts
----------------------------------------------------------------
The case styled as Samuel Katz, Lynne Rhodes, individually and on
behalf of all others similarly situated v. Shell Energy North
America (US) LP, a California corporation, Case No. 3:21-cv-00133
was transferred from the U.S. District Court for the Southern
District of California, to the U.S. District Court for the District
of Massachusetts on April 28, 2021.
The District Court Clerk assigned Case No. 1:21-cv-10706-ADB to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
Shell Energy North America US, L.P. -- https://www.shell.us/ --
operates oil and gas field properties. The Company provides natural
gas, power and environmental products, risk management services,
and supply management services.[BN]
The Plaintiffs are represented by:
Ethan Mark Preston, Esq.
PRESTON LAW OFFICES
4054 McKinney Avenue, Suite 310
Dallas, TX 75204
Phone: (972) 564-8340
Fax: (866) 509-1197
Email: ep@eplaw.us
The Defendant is represented by:
Ian Robert Feldman, Esq.
CLAUSEN MMILER
27285 Las Ramblas, Suite 200
Mission Viejo, CA 92614
Phone: (949) 260-3100
Fax: (949) 260-3190
Email: ifeldman@clausen.com
SIEMENS CORP: National Sentry Sues Over Faulty AFCI Breakers
------------------------------------------------------------
NATIONAL SENTRY SECURITY SYSTEMS, INC., ELECTRICALIFORNIA, and RICK
KEYSER, Individually and on behalf of all others similarly situated
v. SIEMENS CORP. d/b/a SIEMENS USA and SIEMENS INDUSTRY, INC.,
Case No. 1:21-cv-01072 (D.D.C., April 19, 2021) alleges that the
Defendants made available for sale defective arc fault circuit
interrupters (AFCI) breakers that fail to adequately distinguish
between harmless and dangerous electrical arcs, imposing
significant costs on the Plaintiffs and others similarly situated.
The Plaintiffs brings this action against Siemens on behalf of a
proposed Consumer Class and Electrician Subclass, and in the
alternative, a California, Ohio, and Nebraska Class of consumers.
The Plaintiffs allege Siemens: (1) violated the D.C. Consumer
Protection Procedures Act, (2) fraudulently concealed the defect in
its breakers; (3) negligently omitted the defect in its breakers;
(4) violated the implied warranty of merchantability, (5) violated
the federal Magnuson-Moss Warranty Act, (6) was unjust enriched by
making available for sale defective breakers, (7) violated
Nebraska's Unfair and Deceptive Trade Practices Act; (8) violated
California's Unfair Competition Law; and (9) violated California's
Consumer Legal Remedies Act.
Plaintiff National Sentry Security Systems, Inc. is a security and
electrical company located in South Euclid, Ohio.
Plaintiff Electricalifornia is an electrical company and sole
proprietorship owned by Drew Montoya and located in La Mesa,
California.
Plaintiff Rick Keyser is a Nebraska resident who purchased and
installed Siemens' AFCI breakers in his home that inappropriately
tripped when no dangerous electrical arcing occurred.
Defendant Siemens Corp. d/b/a Siemens USA provides engineering and
technical solutions, and offers, among other things,
electrical-related services and products to customers in the United
States and worldwide.
Defendant Siemens Industry Inc. manufactures, sells, and provides a
warranty for Siemens AFCI breakers to United States customers.[BN]
The Plaintiffs are represented by:
Victoria S. Nugent, Esq.
Brian E. Johnson, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Fifth Floor
Washington, DC 220025
Telephone: (202) 408-4600
E-mail: vnugent@cohenmilstein.com
bejohnson@cohenmilstein.com
- and -
Brian C. Gudmundson, Esq.
Jason P. Johnston, Esq.
Michael J. Laird, Esq.
Rachel K. Tack, Esq.
ZIMMERMAN REED LLP
1100 IDS Center 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: brian.gudmundson@zimmreed.com
jason.johnston@zimmreed.com
michael.laird@zimmreed.com
rachel.tack@zimmreed.com
- and -
Daniel E. Gustafson, Esq.
Daniel C. Hedlund, Esq.
David A. Goodwin, Esq.
Mickey L. Stevens, Esq.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: dgustafson@gustafsongluek.com
dhedlund@gustafsongluek.com
dgoodwin@gustafsongluek.com
mstevens@gustafsongluek.com
SOUTHERN CALIFORNIA: Improperly Pays Minimum Wages, Gonzalez Says
-----------------------------------------------------------------
ABRAHAM MELENDEZ GONZALEZ, individually and on behalf of all others
similarly situated, Plaintiff v. SOUTHERN CALIFORNIA PIZZA,
COMPANY, LLC, Defendant, Case No. 8:21-cv-00802 (C.D. Cal., April
28, 2021) is a class action against the Defendant for violation of
the Fair Labor Standards Act by failing to pay the Plaintiff and
all others similarly situated delivery drivers at the required
minimum wage due to miscalculation of vehicle reimbursement rate.
The Plaintiff was employed by the Defendant as a delivery driver
from 1999 to 2019.
Southern California Pizza, Company, LLC is a company that operates
Pizza Hut stores, with its principal place of business in Orange,
California. [BN]
The Plaintiff is represented by:
Melissa Grant, Esq.
Robert J. Drexler, Jr., Esq.
Molly DeSario, Esq.
Jonathan Lee, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Melissa.Grant@capstonelawyers.com
Robert.Drexler@capstonelawyers.com
Molly.DeSario@capstonelawyers.com
Jonathan.Lee@capstonelawyers.com
- and –
Jeremiah Frei-Pearson, Esq.
Bradley F. Silverman, Esq.
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP
One North Broadway, Suite 900
White Plains, NY 10601
Telephone: (914) 298-3284
Facsimile: (914) 298-3284
E-mail: jfrei-pearson@fbfglaw.com
bsilverman@fbfglaw.com
- and –
Eric A. Grover, Esq.
KELLER GROVER LLP
1965 Market Street
San Francisco, CA 94103
Telephone: (415) 543-1305
Facsimile: (415) 543-7861
E-mail: eagrover@kellergrover.com
SOUTHWEST CREDIT: Ratliffe-Horton Files FDCPA Suit in E.D. Pa.
--------------------------------------------------------------
A class action lawsuit has been filed against Southwest Credit
Systems, L.P. The case is styled as Camion Ratliffe-Horton,
individually and on behalf of all others similarly situated v.
Southwest Credit Systems, L.P., Case No. 2:21-cv-01941 (E.D. Pa.,
April 28, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Southwest Credit Systems, L.P. -- https://www.swcconsumer.com/ --
is a small, legitimate debt collection agency headquartered in
Carrollton, Texas.[BN]
The Plaintiff is represented by:
Ari H. Marcus, Esq.
MARCUS & ZELMAN LLC
701 Cookman Avenue, Suite 300
Asbury Park, NJ 07712
Phone: (732) 695-3282
Email: ari@marcuszelman.com
SPORTS MALL: Sosa Files ADA Suit in S.D. New York
-------------------------------------------------
A class action lawsuit has been filed against The Sports Mall, LLC.
The case is styled as Yony Sosa, on behalf of himself and all other
persons similarly situated v. The Sports Mall, LLC, Case No.
1:21-cv-03750 (S.D.N.Y., April 27, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Sports Mall -- http://www.sportscollectibles.com/-- is a
company based in Tampa Bay, Florida which holds the subsidiary
companies SportsCollectibles.com, Sports Collectibles TV, Sports
Collectibles Auction, and GameDay Auctions.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
STASH FINANCIAL: Monegro Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Frankie Monegro, on behalf of himself and all others similarly
situated v. STASH FINANCIAL, INC., Case No. 1:21-cv-03698
(S.D.N.Y., April 26, 2021), is brought against the Defendant for
their failure to design, construct, maintain, and operate their
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its goods and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act. Because the Defendant's website, www.stash.com,
is not equally accessible to blind and visually impaired consumers,
it violates the ADA. The Plaintiff seeks a permanent injunction to
cause a change in the Defendant's corporate policies, practices,
and procedures so that the Defendant's website will become and
remain accessible to blind and visually-impaired consumers, says
the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen reading software to read website content using his
computer.
The Defendant is a financial technology company that owns and
operates
www.stash.com.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
SWEET SERVICES: Sosa Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Sweet Services, Inc.
The case is styled as Yony Sosa, on behalf of himself and all other
persons similarly situated v. Sweet Services, Inc., Case No.
1:21-cv-03793 (S.D.N.Y., April 28, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sweet Services -- https://www.sweetservices.com/ -- is a bulk candy
store and wholesale candy supplier.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
TACO MIX: Rodriguez Sues Over Unpaid Minimum and Overtime Wages
---------------------------------------------------------------
Maximinio Rodriguez, on behalf of himself and all others similarly
situated v. TACO MIX LLC, TACO MIX II LLC, TACO MIX III LLC, TACO
MIX BROOKLYN LLC, TACO MIX STATEN ISLAND LLC, JORGE SANCHEZ, ALEJO
SANCHEZ and JOANA SANCHEZ, Case No. 7:21-cv-03644 (S.D.N.Y., April
23, 2021), is brought pursuant to the Fair Labor Standards Act and
New York Labor Law (NYLL) to seek redress against Defendants for
systematic and class-wide failure by the Defendants to provide the
required minimum wage, overtimes wages, spread of hour wages and
for the failure to provide wage payment statements and wage theft
prevention act notifications in violation of the FLSA and NYLL.
Throughout the majority of the Plaintiff's employment, the
Plaintiff was required to work a strenuous schedule greatly in
excess of 40 hours per week for which the Plaintiff was paid below
the required minimum wage rate for each hour worked and in which
the Plaintiff did not receive any overtime compensation or spread
of hour wages. The Plaintiff was paid in cash and no system was
utilized by the Defendants to track the Plaintiff and the
Plaintiff's coworkers' hours worked at the restaurants. At no time
was the Plaintiff paid the required minimum wage, overtime wages of
one and one-half times the minimum wage rate for each hour worked
in excess of 40 hours per week, spread of hour wages of one
additional hour at the minimum wage rate for each shift in excess
of 10 hours each workday, nor was the Plaintiff provided with wage
payment statements or a wage theft prevention act notification at
the time of hiring indicating the Plaintiff's hourly rate of pay
during the foregoing period, says the complaint.
The Plaintiff worked for the Defendants as a cashier at their chain
of restaurants.
The Defendants are the owners and operators of a chain of
restaurants known as "Taco Mix" with various restaurant locations
in the boroughs of the City of New York.[BN]
The Plaintiff is represented by:
Matthew Madzelan, Esq.
BELL LAW GROUP, PLLC
100 Quentin Roosevelt Boulevard, Suite 208
Garden City, NY 11530
Phone: (516) 280-3008
Email: Matthew.M@Belllg.com
TD AMERITRADE: Oberlin Sues Over Breaches of Contract
-----------------------------------------------------
Michael Oberlin, individually and on behalf of all others similarly
situated v. TD Ameritrade, Inc., Case No. 1:21-cv-21600-XXXX (S.D.
Fla., April 26, 2021), is brought for breaches of contract and
implied covenant of good faith and fair dealing and on behalf of
all customers with brokerage accounts at TD Ameritrade, Inc. who
attempted to sell AMC securities through TD's trading platform and
were prohibited from doing so or were delayed in doing so on
January 28, 2021, and who sustained damages as a result.
The complaint alleges that TD blocked the Plaintiff and other TD
brokerage account holders from trading stock in AMC Entertainment
Holding, Inc., a company whose securities are traded on the New
York Stock Exchange under the symbol "AMC." TD did so deliberately
during a "short squeeze" market condition that was fully known or
knowable to TD. A "short squeeze" occurs when persons holding
positions requiring that they deliver AMC shares (or shares of
other companies) they do not have must find shares to fulfill
obligations, but the shares cannot be found in the markets because
they are withheld from trade by owners or market impacting brokers
who prevent access to the market by investors seeking shares. AMC
is the nation's largest movie-theater chain. AMC's financial
performance suffered due to the COVID-19 pandemic's effect on
customer attendance at AMC theaters. AMC's stock price began to
increase substantially in January 2021.
TD purposely, knowingly and willfully prevented the Plaintiff and
the other members of the putative class from trading in AMC stock
from its trading platform in the midst of the short squeeze,
thereby manipulating the open market to artificially lower the
price. TD's actions harmed plaintiff and the proposed class, says
the complaint.
The Plaintiff is a resident of the State of Florida.
TD is an online brokerage firm used by many investors and is
commission free. TD markets itself as providing its customers
access to a spectrum of resources including real time quotes,
charts, third-party analyst reports and the most advanced trading
platforms.[BN]
The Plaintiff is represented by:
Peter Safirstein, Esq.
Elizabeth S. Metcalf, Esq.
SAFIRSTEIN METCALF LLP
1345 Avenue of the Americas, 2nd Floor
New York, NY 10105
Phone: (212) 201-5845
Email: psafirstein@safirsteinmetcalf.com
emetcalf@safirsteinmetcalf.com
- and -
Gary S. Graifman, Esq.
Jay I. Brody, Esq.
KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C.
135 Chestnut Ridge Road
Montvale, NJ 07645
Phone: (201) 391-7000
Email: ggraifman@kgglaw.com
jbrody@kgglaw.com
- and -
George Pressly, Esq.
PRESSLY LAW GROUP PLLC
155 North Wacker Drive, Suite 4250
Chicago, IL 60606
Phone: (603) 320-7030
Email: gpressly@presslylaw.com
TENNESSEE: McPeters Appeals Ruling in Civil Rights Suit to 6th Cir.
-------------------------------------------------------------------
Plaintiff APRIL DIANE MCPETERS filed an appeal from a court ruling
entered in her lawsuit entitled APRIL DIANE McPETERS, Plaintiff v.
TONY C. PARKER, in his individual capacity and in his official
capacity as Commissioner of Tennessee Department of Correction, et
al., Defendants, Case No. 3:18-cv-00039, in the U.S. District Court
for the Eastern District of Tennessee at Knoxville.
The Plaintiff was previously on probation with the state of
Tennessee after pleading guilty to food stamp fraud. At the time of
the events giving rise to the Complaint, in late 2016 and early
2017, she had been on probation for approximately five years
without incident.
The Plaintiff filed this action on February 1, 2018, asserting a
single cause of action against the Defendants, in their respective
individual and official capacities, for violation of her civil
rights under 42 U.S.C. Section 1983. She asserts causes of action
against Defendant Bryant Lamont Thomas for violation of her civil
rights and for assault and battery. She also seeks injunctive
relief on her civil rights claims against all Defendants, economic
and noneconomic damages against all Defendants, and attorney's fees
and costs. Finally, Plaintiff sought certification of a class
action for equitable and injunctive relief on behalf of two
classes: (1) the class of all females who have been supervised by
the TDOC for probation or parole from February 1, 2017, on, and (2)
the class of all females who have had cause to report sexual
harassment by a TDOC officer and who remain under TDOC supervision
because they are incarcerated, on probation, or on parole.
Ms. McPeters seeks a review of the Court's Order dated March 17,
2021, granting in part and denying in part Plaintiff's Motion for
Default Judgment; granting in part and denying in part Motion for
Attorney Fees; adopting Report and Recommendations.
The appellate case is captioned as April McPeters v. Tony Parker,
et al., Case No. 21-5401, in the United States Court of Appeals for
the Sixth Circuit, filed on April 20, 2021.[BN]
Plaintiff-Appellant APRIL DIANE MCPETERS, individually and on
behalf of all others similarly situated, is represented by:
Benjamin Cole Aaron, Esq.
Philip N. Elbert, Esq.
NEAL & HARWELL
1201 Demonbreun Street, Suite 1000
Nashville, TN 37219
Telephone: (615) 244-1713
E-mail: baaron@nealharwell.com
pelbert@nealharwell.com
Defendants-Appellees TONY C. PARKER, Commissioner of the Tennessee
Department of Correction, in his individual and official
capacities; ALISHA SHOATES JAMES, Assistant Commissioner for
Community Supervision, in her individual and official capacities;
DAVID LANE, Correctional Administrator for the East Division of
Probation, in his individual and official capacities; PAUL C. GORE,
Tennessee Department of Correction Probation and Parole Division,
in his individual and official capacities; WADE A. ADCOCK,
Tennessee Department of Correction Probation and Parole Division,
in his individual and official capacities; and BRYANT LAMONT
THOMAS, Probation and Parole Officer with the Tennessee Department
of Correction Probation and Parole Division, in his individual and
official capacities, are represented by:
Pamela Sue Lorch, Esq.
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 20207
Nashville, TN 37202-0207
Telephone: (615) 532-2549
E-mail: pam.lorch@ag.tn.gov
- and -
Bryant Lamont Thomas, Esq.
1402 Dorchester Avenue
Middlesboro, KY 40965
TOM VILSACK: Miller Sues Over Exclusion from Benefits Due to Race
-----------------------------------------------------------------
Sid Miller, on behalf of himself and others similarly situated v.
Tom Vilsack, in his official capacity as Secretary of Agriculture,
Case No. 4:21-cv-00595-O (N.D. Tex., April 26, 2021), is brought on
behalf of all farmers and ranchers in the United States who are
excluded from the benefits of programs for "socially disadvantaged
farmers and ranchers" because of their race or ethnicity.
Sections 1005 and 1006 of the American Rescue Plan Act of 2021,
H.R. 1319, 117th Cong. (2021), provide aid to farmers and ranchers
who have been harmed by the COVID-19 pandemic—including loan
forgiveness up to 120 percent of the value of the loan—but only
if they qualify as a "socially disadvantaged farmer or rancher."
Numerous other federal statutes limit government aid to individuals
who qualify as a "socially disadvantaged farmer or rancher."
Federal law defines "socially disadvantaged farmer or rancher" as
"a farmer or rancher who is a member of a socially disadvantaged
group."
According to the complaint, the Department of Agriculture has
adopted a general definition of "socially disadvantaged farmer and
rancher" as follows--A socially disadvantaged group is defined as:
A farmer or rancher who is a member of one or more of the following
groups whose members have been subjected to racial or ethnic
prejudice because of their identity as members of a group without
regard to their individual qualities: African Americans, American
Indians, Alaskan Natives, Asians, Hispanics, and Pacific
Islanders.
Setting aside the propriety of the use of these classifications for
benefits, this definition of "socially disadvantaged farmer and
rancher" departs from the plain statutory text by failing to
include white ethnic groups that have unquestionably suffered
ethnic prejudice, the complaint asserts.
The Plaintiff is a farmer and rancher. His ancestry is
overwhelmingly white, and primarily Scotch-Irish. As is the case
with many Americans, his ancestry is not limited to just one racial
or ethnic group. The Plaintiff also has approximately 2%
African-American ancestry. The statutes described, as currently
interpreted and enforced by the Department of Agriculture, exclude
Mr. Miller from the benefits of programs for "socially
disadvantaged farmers and ranchers" on account of his race, says
the complaint.
The Plaintiff is a farmer and rancher who resides in Erath County,
Texas.
Tom Vilsack is the U.S. Secretary of Agriculture and is sued in his
official capacity.[BN]
The Plaintiff is represented by:
Gene P. Hamilton, Esq.
Vice-President and General Counsel
AMERICA FIRST LEGAL FOUNDATION
300 Independence Avenue SE
Washington, DC 20003
Phone: (202) 964-3721
Email: gene.hamilton@aflegal.org
- and -
Jonathan F. Mitchell, Esq.
MITCHELL LAW PLLC
111 Congress Avenue, Suite 400
Austin, Texas 78701
Phone: (512) 686-3940
Fax: (512) 686-3941
Email: jonathan@mitchell.law
- and -
Charles W. Fillmore, Esq.
H. Dustin Fillmore, Esq.
THE FILLMORE LAW FIRM, L.L.P.
201 Main Street, Suite 801
Fort Worth, Texas 76102
Phone: (817) 332-2351
Fax: (817) 870-1859
Email: chad@fillmorefirm.com
dusty@fillmorefirm.com
TOWN OF BROOKLINE, MA: Baez Appeals Summary Judgment Ruling
-----------------------------------------------------------
Plaintiffs JUANA BAEZ, et al., filed an appeal from a court ruling
entered in the lawsuit entitled JUANA BAEZ, Individually and on
behalf of all others similarly situated, CRUZ SANABRIA Individually
and on behalf of all others similarly situated, ROGELIO RODAS,
Individually and on behalf of all others similarly situated,
DEMETRIUS OVIEDO, Individually and on behalf of all others
similarly situated, JOSE ALBERTO NUNEZ-GUERRERO, Individually and
on behalf of all others similarly situated, Plaintiffs v. TOWN OF
BROOKLINE, MASSACHUSETTS, BROOKLINE POLICE COMMISSIONERS, NEIL
WISHINSKY, In his Individual and Official Capacities, NANCY DALY,
In her Individual and Official Capacities, BEN FRANCO, In his
Individual and Official Capacities, NANCY HELLER, In her Individual
and Official Capacities, BERNARD GREENE, In his Individual and
Official Capacities, Defendants, Case No. 1:17-cv-10661-GAO, in the
U.S. District Court for the District of Massachusetts (Boston).
As reported in the Class Action Reporter on April 13, 2021, Judge
George A. O'Toole of the District of Massachusetts granted the Town
and Individual's Motion for Summary Judgment.
The case is a civil rights suit brought by the Plaintiffs Juana
Baez, Jose Alberto Nunez-Guerrero, Cruz Sanabria, Rogelio Rodas and
Demetrius Oviedo as a purported class action against the Town of
Brookline, the Town's Select Board, and individual Board members
Neil Wishinsky, Nancy Daly, Ben Franco, Nancy Heller and Bernard
Greene in both their official and individual capacities. The
Plaintiffs claim that Brookline had and has a custom, policy, or
practice of unconstitutionally targeting and discriminating against
Black and Hispanic people in policing while failing to investigate
and enforce the criminal law equally against white people. The
claims are asserted under 42 U.S.C. Section 1983 and relevant case
law. All the Defendants moved for summary judgment on the claims
asserted against them.
The Plaintiffs seek a review of the Order entered by Judge O'Toole
granting summary judgment in favor of all the Defendants.
The appellate case is captioned as Baez, et al. v. Town of
Brookline, et al., Case No. 21-1278, in the United States Court of
Appeals for the First Circuit, filed on April 19, 2021. [BN]
Plaintiffs-Appellants JUANA BAEZ, Individually and on behalf of all
others similarly situated; CRUZ SANABRIA, Individually and on
behalf of all others similarly situated; ROGELIO RODAS,
Individually and on behalf of all others similarly situated;
DEMETRIUS OVIEDO, Individually and on behalf of all others
similarly situated; and JOSE ALBERTO NUNEZ-GUERRERO, Individually
and on behalf of all others similarly situated, are represented
by:
Brooks Averell Ames, Esq.
BROOKLINE JUSTICE LEAGUE INC.
1309 Beacon St, #314
Brookline, MA 02446
Telephone: (617) 763-5526
E-mail: brooksames1@gmail.com
Defendants-Appellees TOWN OF BROOKLINE, MA, Massachusetts Brookline
Police Commissioners; NEIL WISHINSKY, in his individual and
official capacities; NANCY DALY, in her individual and official
capacities; BEN FRANCO, in his individual and official capacities;
NANCY HELLER, in her individual and official capacities; and
BERNARD E. GREENE, in his individual and official capacities, are
represented by:
Patricia Correa, Esq.
Michael Downey, Esq.
TOWN OF BROOKLINE
333 Washington St., 6th Flr
Brookline, MA 02445-0000
Telephone: (617) 730-2190
E-mail: pcorrea@brooklinema.gov
- and -
Douglas I. Louison, Esq.
Joseph Adam Padolsky, Esq.
LOUISON COSTELLO CONDON & PFAFF LLP
101 Summer St., 4th Flr
Boston, MA 02110-0000
Telephone: (617) 439-0305
E-mail: dlouison@lccplaw.com
jpadolsky@lccplaw.com
TRANSUNION LLC: Castillo Files FCRA Suit in N.D. Illinois
---------------------------------------------------------
A class action lawsuit has been filed against Transunion, LLC. The
case is styled as Gilbert Castillo, Jr., individually and on behalf
of a class of similarly situated individuals v. Transunion, LLC,
Case No. 1:21-cv-02298 (N.D. Ill., April 28, 2021).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Transunion -- https://www.transunion.com/ -- offers total credit
protection all in one place from credit score, credit report and
credit alert.[BN]
The Plaintiff is represented by:
James C. Vlahakis, Esq.
SULAIMAN LAW GROUP, LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (630) 575-8181
Email: jvlahakis@sulaimanlaw.com
TRANSUNION LLC: Lewis FCRA Suit Removed to N.D. Georgia
-------------------------------------------------------
The case styled as Michael Reid Lewis, individually and on behalf
of those similarly situated v. Trans Union LLC, Case No.
2:21-cv-02974, was removed from the U.S. District Court for the
Central District of California to the U.S. District Court for the
Northern District of Georgia on April 27, 2021.
The District Court Clerk assigned Case No. 1:21-cv-01729-JPB to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Transunion -- https://www.transunion.com/ -- offers total credit
protection all in one place from credit score, credit report and
credit alert.[BN]
The Defendant is represented by:
Terence N. Hawley, Esq.
REED SMITH LLP - San Francisco
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Phone: (415) 543-8700
Fax: (415) 391-8269
TRANSUNION RENTAL: Belluccia Suit Transferred to N.D. Georgia
-------------------------------------------------------------
The case styled as Ramona Belluccia, on behalf of herself and all
similarly situated individuals v. Transunion Rental Screening
Solutions, Inc., Case No. 8:21-cv-00809 was transferred from the
U.S. District Court for the Middle District of Florida, to the U.S.
District Court for the Northern District of Georgia on April 26,
2021.
The District Court Clerk assigned Case No. 1:21-cv-01707-JPB to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
TransUnion Rental Screening Solutions, Inc. --
https://www.transunion.com/ -- ("TransUnion," a member of the
TransUnion family of companies) works diligently to create consumer
reports that meet required accuracy standards.[BN]
The Plaintiff is represented by:
Craig C. Marchiando, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.-NN VA
763 J Clyde Morris Blvd., Suite 1-A
Newport News, VA 23601
Phone: (757) 930-3660
Fax: (757) 930-3662
Email: craig@clalegal.com
TRANSUNION RENTAL: Brown Suit Transferred to N.D. Georgia
---------------------------------------------------------
The case styled as Christopher W. Brown, on behalf of himself and
all individuals similarly situated v. Transunion Rental Screening
Solutions, Inc., Case No. 8:21-cv-00889 was transferred from the
U.S. District Court for the District of Maryland to the U.S.
District Court for the Northern District of Georgia on April 26,
2021.
The District Court Clerk assigned Case No. 1:21-cv-01713-JPB to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
TransUnion Rental Screening Solutions, Inc. --
https://www.transunion.com/ -- ("TransUnion," a member of the
TransUnion family of companies) works diligently to create consumer
reports that meet required accuracy standards.[BN]
The Plaintiff is represented by:
Kristi C. Kelly, Esq.
KELLY GUZZO, PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Phone: (703) 424-7572
Fax: (703) 591-0167
Email: kkelly@kellyguzzo.com
TRUEACCORD CORP: Stivers Files Suit in N.D. California
------------------------------------------------------
A class action lawsuit has been filed against TrueAccord Corp.. The
case is styled as Terri Stivers, Craig Olmscheid, on behalf of
themselves and others similarly situated v. TrueAccord Corp., Case
No. 3:21-cv-02711-JSC (N.D. Cal., April 15, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
TrueAccord -- https://www.trueaccord.com/ -- is a debt collection
agency and this is an attempt to collect deb.[BN]
The Plaintiffs are represented by:
Russell Snow Thompson, IV, Esq.
THOMPSON CONSUMER LAW GROUP PLLC
7080 Hollywood Blvd., Suite 1100
Los Angeles, CA 90028
Phone: (602) 388-8898
Fax: (866) 317-2674
Email: rthompson@thompsonconsumerlaw.com
TRUIST BANK: Gericke Appeals Case Dismissal Ruling to 3rd Cir.
--------------------------------------------------------------
Plaintiff John Gericke filed an appeal from a court ruling entered
in his lawsuit styled JOHN GERICKE, individually and on behalf of
all individuals similarly situated, Plaintiff v. TRUIST, et al.,
Defendants, Case No. 1-20-cv-03053, in the U.S. District Court for
the District of New Jersey.
This putative class action stems from a consumer installment loan
taken out by Plaintiff John Gericke sometime prior to 2012. In
early 2012, Susquehanna Bank obtained a judgment in the amount of
$244,248.49 against Gericke and his wife Barbara Gericke. The
judgment was levied against the personal and real property of the
Gerickes. This real property included Gericke's property at 248
Hampshire Drive, Deptford, New Jersey, the suit says.
Over the next several years, Gericke allegedly failed to satisfy
the judgment. He attempted to reach a settlement with Truist, but
negotiations proved unsuccessful. Therefore, on January 10, 2018,
Truist issued a 2018 Form 1099-C to Gericke. This 1099 C indicated
that $199,427.80 was the "[a]mount of debt discharged" due under
"[i]dentifiable event code G." Code G represents a "[d]ecision or
policy to discontinue collection."
Gericke alleges that the issuance of the Form 1099-C should have
resulted in the debt being forgiven and/or the judgment being
voided. Truist, on the other hand, argues that the debt was not
forgiven, nor the judgment voided, by the Form 1099-C because the
"1099-C was filed in accordance with IRS regulations (IRS code
section 6050P) to report unpaid debt as income. The bank's filing
of the 1099-C in compliance with IRS regulations does not release
judgment as it has not been settled or paid."
The Plaintiff now seeks a review of the Court's Opinion and Order
dated March 26, 2021, granting Defendant's motion to dismiss the
case.
The appellate case is captioned as John Gericke v. Truist, Case No.
21-1776, in the United States Court of Appeals for the Third
Circuit, filed on April 21, 2021.[BN]
Plaintiff-Appellant JOHN GERICKE, Individually and on behalf of all
others similarly situated, is represented by:
Lewis G. Adler, Esq.
26 Newton Avenue
Woodbury, NJ 08096
Telephone: (856) 845-1968
E-mail: lewisadler@verizon.net
Defendant-Appellee TRUIST BANK, DBA Branch Banking and Trust Co is
represented by:
Diane A. Bettino, Esq.
David G. Murphy, Esq.
REED SMITH
506 Carnegie Center, Suite 300
Princeton, NJ 08540
Telephone: (609) 520-6393
E-mail: dbettino@reedsmith.com
dmurphy@reedsmith.com
TRUST FOR ADVISED: Sokolow Sues Over Misleading Fund's Share Price
------------------------------------------------------------------
LEONARD SOKOLOW, AS TRUSTEE OF THE LEONARD J. AND SHARON R. SOKOLOW
REVOCABLE TRUST 4/18/18, individually and on behalf of all others
similarly situated, Plaintiff v. TRUST FOR ADVISED PORTFOLIOS,
INFINITY Q CAPITAL MANAGEMENT, LLC, CHRISTOPHER E. KASHMERICK, JOHN
C. CHRYSTAL, ALBERT J. DIULIO, S.J., HARRY E. RESIS, RUSSELL B.
SIMON, LEONARD POTTER, and JAMES VELISSARIS, Defendants, Case No.
1:21-cv-02317 (E.D.N.Y., April 27, 2021) is a class action against
the Defendants for violation of the Securities Exchange Act of
1934.
According to the complaint, the Defendants made materially false
and misleading statements with the U.S. Securities and Exchange
Commission concerning the Infinity Q Diversified Alpha Fund's
business, operational and financial results in order to
artificially inflate the Fund's share price between December 21,
2018 and February 22, 2021. Specifically, the Defendants failed to
disclose that: (1) Infinity Q's chief investment officer made
adjustments to certain parameters within the third-party pricing
model that affected the valuation of the swaps held by the Fund;
(2) consequently, Infinity Q would not be able to calculate the
Fund's net asset value (NAV) correctly; (3) as a result, the
previously reported NAVs were unreliable; (4) because of the
foregoing, the Fund would halt redemptions and liquidate its
assets; and (5) as a result, the prospectuses were materially false
and/or misleading and failed to state information required to be
stated therein, says the suit.
Infinity Q Capital Management, LLC is an investment advisor, with
its principal executive offices located at 888 7th Avenue, Suite
3700, New York, New York. [BN]
The Plaintiff is represented by:
Thomas L. Laughlin, IV, Esq.
Rhiana L. Swartz, 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
E-mail: tlaughlin@scott-scott.com
rswartz@scott-scott.com
- and –
Michael E. Criden, Esq.
Lindsey Grossman, Esq.
CRIDEN & LOVE, P.A.
7301 SW 57th Court, Suite 515
South Miami, FL 33143
Telephone: (305) 357-9000
Facsimile: (305) 357-9050
E-mail: mcriden@cridenlove.com
lgrossman@cridenlove.com
UNITED COLLECTION: Taub Sues Over Questionable Debt Collection
--------------------------------------------------------------
Bruche Taub v. United Collection Bureau, Inc., Case No.
7:21-cv-03504, (S.D.N.Y., April 20, 2021) is a class action suit
against the Defendant for violation of the Fair Debt Collection
Practices Act (FDCPA).
According to the complaint, the Defendant collects and attempts to
collect debts incurred or alleged to have been incurred for
personal, family or household purposes on behalf of creditors using
the United States Postal Services, telephone and internet.
The complaint alleges that the Defendant's debt collection efforts
attempted and/or directed towards the Plaintiff violated various
provisions of the FDCPA, including but not limited to 15 U.S.C.
section 1692g. The Defendant violated said section by continuing
collection activities after Plaintiff had previously asserted
certain notice rights, and requested validation sent to the
Defendant, the complaint asserts.
Plaintiff is a resident of the State of New York, County of
Rockland, residing at 27 Spruill Ct., Monsey, NY 10952.
United Collection Bureau, Inc. is a "debt collector" that uses the
mail, telephone, and facsimile and regularly engages in business,
the principal purpose of which is to attempt to collect debts
alleged to be due another. [BN]
The Plaintiff is represented by:
Raphael Deutsch, Esq.
Stein Saks, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
UNITEDHEALTH GROUP: Snyder Sues Over Breach of Fiduciary Duties
---------------------------------------------------------------
Kim Snyder, on behalf of herself and all others similarly situated
v. UnitedHealth Group, Inc.; The Board of Directors of UnitedHealth
Group, Inc., David S. Wichmann; The UnitedHealth Group Employee
Benefits Plans Investment Committee, and its members; The
UnitedHealth Group Employee Benefits Plans Administrative
Committee, and its members; Does 1-30, Case No. 0:21-cv-01049 (D.
Minn., April 23, 2021), is brought for breach of fiduciary duty
under the Employee Retirement Income Security Act against the
Defendants.
According to the complaint, the UnitedHealth Defendants are
fiduciaries of the Plan. Accordingly, when designating the
different investment options for inclusion in the Plan,
UnitedHealth must independently investigate and regularly monitor
each of the Plan's investment options with the care and skill of a
prudent investor. The UnitedHealth Defendants breached their
fiduciary duty by failing to prudently monitor and failing to
remove certain of the Plan's investment options.
The UnitedHealth Group Employee Benefits Plans Investment Committee
is one of the Plan's fiduciaries that designates the investment
options available under the Plan. As part of that process, the
Investment Committee selects a default option in which a
participant's contributions are invested automatically unless the
participant affirmatively elects to invest in a different
investment option. The Investment Committee selected as the default
investment option for Plan participants the Wells Fargo target fund
suite, a family of eleven target retirement date funds managed by
Wells Fargo Asset Management from 2010 through 2015, the Wells
Fargo Target Fund Suite significantly underperformed both its
benchmark indices and comparable target date funds. In the
investment world, five years is precious time where even slight
underperformance throughout the entire period is difficult, if not
impossible, to justify, says the complaint.
The UnitedHealth Defendants did not remove the Wells Fargo Target
Fund Suite from the Plan in 2016 despite years of underperformance
and a marketplace teeming with hundreds of better performing
investment options. The UnitedHealth Defendants' decision was as
imprudent as it was injurious to the Plan and its participants. Not
unexpectedly, the Wells Fargo Target Fund Suite continued
underperforming from 2016 through the present. During the first
decade of the Wells Fargo Target Fund Suite's existence, virtually
all of the funds in the Wells Fargo Target Fund Suite performed in
the bottom 70th to 97th percentile—worse than 70 to 97% of their
peer funds. To date, the Wells Fargo Target Fund Suite has drawn
over $7 billion of retirement investments from Plan participants.
The UnitedHealth Defendants' imprudent decision to retain the Wells
Fargo Target Fund Suite has had a devastating impact on
participants' retirement accounts, simultaneously impairing the
Plan's overall investment performance and squandering millions in
participants' retirement savings, the complaint states.
The Plaintiff was a participant in the Plan.
The UnitedHealth Group, Inc. is one of the largest diversified
health care companies in the United States.[BN]
The Plaintiff is represented by:
Susan M. Coler, Esq.
HALUNEN LAW
1650 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Phone: (612) 605-4098
Facsimile: (612) 605-4099
- and -
Charles Field, Esq.
SANFORD HEISLER SHARP, LLP
655 West Broadway, Suite 1700
San Diego, CA 92101
Phone: (619) 577-4242
Facsimile: (619) 577-4250
Email: cfield@sanfordheisler.com
- and -
David Sanford, Esq.
Alexandra Harwin, Esq.
SANFORD HEISLER SHARP, LLP
1350 Avenue of the Americas, 31st Fl.
New York, NY 10019
Phone: (646) 402-5650
Facsimile: (646) 402-5651
Email: aharwin@sanfordheisler.com
dsanford@sanfordheisler.com
- and -
Kevin H. Sharp, Esq.
Leigh Anne St. Charles, Esq.
SANFORD HEISLER SHARP, LLP
611 Commerce Street, Suite 3100
Nashville, TN 37203
Phone: (615) 434-7000
Facsimile: (615) 434-7020
Email: ksharp@sanfordheisler.com
lstcharles@sanfordheisler.com
UWM HOLDINGS: Okavage Group Sues Over Unlawful Ultimatum
--------------------------------------------------------
The Okavage Group, LLC, on behalf of itself and all others
similarly situated v. UWM HOLDINGS CORPORATION, and MAT ISHBIA,
individually, Case No. 3:21-cv-00448 (M.D. Fla., April 23, 2021),
is brought on behalf of all mortgage brokers that currently are or
have been clients of mortgage lenders UWM and either Fairway
Independent Mortgage or Rocket Pro TPO (a division of Rocket
Mortgage) and have been affected by the Defendants' ultimatum
requiring them to cease doing business with Fairway Mortgage and
Rocket Pro TPO, or face termination of their business relationship
with UWM and/or exorbitant and unconscionable monetary penalties in
the minimum amount of $50,000 imposed by UWM.
According to the complaint, on January 22, 2021, UWM became a
publicly traded company on the New York Stock Exchange. Since that
time, UWM's share price has been declining, and its competitors in
the wholesale lending market, including Fairway Mortgage and Rocket
Pro TPO, have expanded their market share in wholesale mortgage
lending, including offering better pricing and lower rates to
mortgage brokers, which in turn led to lower rates for
consumers/prospective borrowers.
To mitigate its acknowledged risk of losing market share in the
wholesale mortgage lending channel, and in a desperate attempt to
stifle competition, on March 4, 2021, UWM publicly announced its
Ultimatum via a video by UWM's President/CEO Ishbia, posted on
UWM's Facebook page. To implement the Ultimatum and enforce a
boycott of Fairway Mortgage and Rocket Pro TPO, Defendants advised
their broker clients who also did business with Fairway Mortgage
and Rocket Pro TPO that they were required to consent to a contract
addendum.
The Defendants engaged in a contract, combination, or conspiracy in
restraint of trade to jointly boycott Fairway Mortgage and Rocket
Pro TPO to suppress competition in the relevant markets. The
Addendum is a per se antitrust violation expressly inviting or
engaging mortgage brokers to boycott Fairway Mortgage and Rocket
Pro TPO and restrain competition. Defendants' illegal scheme is
pernicious, or manifestly anticompetitive, because, regardless of
whether any broker agreed to the Ultimatum, it limits the choice of
lending options available to brokers, and ultimately the loan
options available to consumers, in the relevant market, the
complaint says.
The Plaintiff is a mortgage broker who currently is and/or has been
clients of UWM and Fairway Mortgage and/or Rocket Pro TPO.
UWM regularly accepts and processes mortgage loan applications
submitted by Plaintiff and each of the Class Members. Additionally,
UWM regularly funds mortgage loans based on such mortgage loan
applications.[BN]
The Plaintiff is represented by:
Robert H. Goodman, Esq.
Joseph E. Parrish, Esq.
PARRISH & GOODMAN, PLLC
13031 McGregor Blvd., Suite 8
Fort Myers, FL 33919
Phone: (813) 643-4529
Facsimile: (813) 315-6535
Primary Email: rgoodman@parrishgoodman.com
jparrish@parrishgoodman.com
Secondary: admin@parrishgoodman.com
VALVE CORPORATION: Controls PC Desktop Gaming Markets, Wolfire Says
-------------------------------------------------------------------
WOLFIRE GAMES, LLC, WILLIAM HERBERT and DANIEL ESCOBAR,
individually and on behalf of all others similarly situated,
Plaintiffs v. VALVE CORPORATION, Defendant, Case No. 2:21-cv-00563
(W.D. Wash., April 27, 2021) is a class action against the
Defendant for violations of Sections 1 and 2 of the Sherman Act and
the Washington State Consumer Protection Act.
The case arises from the Defendant's alleged monopoly of the
markets for personal computer (PC) desktop gaming platforms and PC
desktop game distribution. The Defendant maintains its monopoly
power in the markets by mandating all publishers to distribute the
vast majority of their games enabled by Valve's Steam gaming
platform through Valve's Steam Store, distorting competition
through the Steam key price parity provision, and restraining
competition through a price veto provision. As a result of the
Defendant's alleged anticompetitive conduct, attempts of other
companies to enter the relevant markets have failed, game
publishers are forced to raise prices to pay Valve's commissions,
and consumers are paying games at higher prices.
Wolfire Games, LLC is a video game publisher headquartered in San
Francisco, California.
Valve Corporation is an American video game developer, publisher,
and digital distribution company, with its principal place of
business located at 10400 NE 4th St., Suite 1400, Bellevue,
Washington. [BN]
The Plaintiffs are represented by:
Alicia Cobb, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
1109 First Avenue, Suite 210
Seattle, WA 98101
Telephone: (206) 905-7000
E-mail: aliciacobb@quinnemanuel.com
- and –
Steig D. Olson, Esq.
David D. LeRay, Esq.
Shane Seppinni, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: (212) 849-7000
E-mail: steigolson@quinnemanuel.com
- and –
Adam B. Wolfson, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017-2543
Telephone: (213) 443-3000
E-mail: adamwolfson@quinnemanuel.com
- and –
Charles B. Stevens, Esq.
QUINN EMANUEL URQUHART & SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: (415) 875-6600
E-mail: charliestevens@quinnemanuel.com
- and –
David D. Golden, Esq.
CONSTANTINE CANNON LLP
1001 Pennsylvania Avenue, NW, Suite 1300N
Washington, DC 20004
Telephone: (202) 204-3500
E-mail: dgolden@constantinecannon.com
- and –
A. Owen Glist, Esq.
Ankur Kapoor, Esq.
Jeffrey I. Shinder, Esq.
CONSTANTINE CANNON LLP
335 Madison Avenue, 9th Floor
New York, NY 10017
Telephone: (212) 350-2700
E-mail: akapoor@constantinecannon.com
VK PARTNERS: United African-Asian Club Sues Over ADA Violation
--------------------------------------------------------------
United African-Asian Abilities Club, on behalf of itself and its
members; Anna Marie Wiggins, an individually, on behalf of Robert
Aaron McKissick v. VK PARTNERS, LLC; AND DOES 1 THROUGH 10,
Inclusive, Case No. 2:21-cv-03546 (C.D. Cal., April 26, 2021), is
brought for damages, injunctive relief, declaratory relief, and
other relief as a result of the Defendants discriminatory actions
in violation the Federal Fair Housing Act and the Americans With
Disabilities Act.
The Plaintiffs allege that the Defendants control, operate, and
maintain a website at https://www.villageflatsla.com/ where
Defendants offer its rental services. Additionally, the Defendants
have a physical office location at the Property where they also
offer their rental services. The Plaintiffs allege that Defendants'
websites have a close nexus to the Defendants' on-site rental
services because the websites refer to the Defendants' rental
services that are offered at the Defendants' actual physical rental
office. Therefore, the Plaintiffs allege that the websites are also
places of public accommodation. Defendants control the websites to
the extent that the Defendants can change the website content to
make modifications to comply with the FHA and ADA. Therefore, the
Plaintiffs allege that the Defendants can modify the content of
Defendants' websites to improve access for the Plaintiffs and
people with disabilities, says the complaint.
The Plaintiff United African-Asian Abilities Club is registered and
in good standing as a Nevada non-profit corporation. The named
individual Plaintiff Wiggins is a member of the Plaintiff Club
organization.
VK PARTNERS, LLC is the operator of the apartment rental business
known as Village Flats Apartments located at 11853 Kling St, Valley
Village, California.[BN]
The Plaintiffs are represented by:
David C. Wakefield, Esq.
LIGHTNING LAW, APC
10620 Treena Street, Suite 230
San Diego, CA 92131
Phone: 619.485.4300
Facsimile: 619.342.7755
Email: dcw@DMWakeLaw.com
wakefieldlawassistant@gmail.com
WALMART INC: Faces Wilson Suit Over Baby Foods' Heavy Metal Content
-------------------------------------------------------------------
TERESA WILSON, RYAN SANDERS, SUSAN CANADA, TABATHA SIDI, JOLINA
MANLEY, HEATHER LOWREY, CASSANDRA MARTELL, ASHLEY POPA, JESSICA
DAVID, and LESLIE AINSWORTH, individually and on behalf of all
others similarly situated, Plaintiffs v. WALMART, INC. and DOES 1
through 10, inclusive, Defendant, Case No. 3:21-cv-00082-DPM (E.D.
Ark., April 28, 2021) is a class action against the Defendant for
breach of express warranty, breach of implied warranty of
merchantability, fraud by omission, negligent misrepresentation,
intentional misrepresentation, unjust enrichment, and violations of
various state unfair trade practices and consumer protection laws
in the U.S.
According to the complaint, the Defendant is engaged in false,
deceptive, and misleading advertising, labeling, and marketing of
its baby food products. Walmart represented its baby food products
as organic and free from artificial flavors, colors, and
preservatives. However, it was found in a report from the U.S.
House of Representatives Subcommittee on Economic and Consumer
Policy, Committee on Oversight and Reform, that the products
contain a high level of toxic heavy metals. Walmart knew that the
presence of toxic heavy metals in its baby food products was
material to consumers, yet it chose to omit and conceal that
information to consumers and therefore deceptively misled them,
says the suit.
Walmart, Inc. is an American multinational retail corporation that
operates a chain of hypermarkets, discount department stores, and
grocery stores, with its principal place of business located at 702
S. W. 8th St., Bentonville, Arkansas. [BN]
The Plaintiffs are represented by:
Hank Bates, Esq.
CARNEY BATES & PULLIAM PLLC
519 West 7th St.
Little Rock, AR 72201
Telephone: (501) 312-8500
E-mail: hbates@cbplaw.com
- and –
Todd D. Carpenter, Esq.
Scott G. Braden, Esq.
CARLSON LYNCH LLP
1350 Columbia St., Ste. 603
San Diego, CA 92101
Telephone: (619) 762-1900
Facsimile: (619) 756-6991
E-mail: tcarpenter@carlsonlynch.com
sbraden@carlsonlynch.com
- and –
Jeffrey K. Brown, Esq.
Michael A. Tompkins, Esq.
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 34 7
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: jbrown@leedsbrownlaw.com
mtompkins@leedsbrownlaw.com
bcohen@leedsbrownlaw.com
WEINSTEIN COMPANY: Kendall Appeals Ruling in Geiss RICO Suit
------------------------------------------------------------
Plaintiffs Katherine Kendall, et al., filed an appeal from a court
ruling entered in the lawsuit entitled LOUISETTE GEISS, et al.,
Plaintiffs v. THE WEINSTEIN COMPANY HOLDINGS LLC, et al.,
Defendants, Case No. 17-cv-9554, in the U.S. District Court for the
Southern District of New York.
As previously reported in the Class Action Reporter, the lawsuit
was brought by victims of Harvey Weinstein's alleged sexual
misconduct, and on behalf of a class they seek to represent. Nine
of the Plaintiffs moved for preliminary approval of a settlement
that would settle all class claims from a fund created by insurers
in a parallel bankruptcy proceeding involving Weinstein's
companies. Upon review, District Judge Alvin K. Hellerstein denied
preliminary approval of the settlement.
Harvey Weinstein, a powerful force in the entertainment production
industry, with his brother, Robert Weinstein, founded Miramax Film
NY LLC in the late 1970s, sold Miramax to Disney in 1993 but
remained in charge. They later departed for their new production
company, The Weinstein Company Holdings, LLC, on Sept. 30, 2005.
Throughout, Plaintiffs allege, Weinstein used his power in the
industry to sexually harass and assault them. Weinstein set up
meetings with his victims under the guise of hiring them, making
business deals, or networking. Then, he allegedly isolated them,
often in hotel rooms, offices, or other private spaces, and engaged
in unwanted flashing, groping, fondling, harassment, battering,
false imprisonment, sexual assault, attempted rape, and/or rape,
and threatened or blacklisted his victims if they opposed his
advances or disclosed them to others. Plaintiffs allege that people
associated with Miramax, Disney, and TWC knew about Weinstein's
misconduct, facilitated it, enabled it, and covered it up. The
companies' officers, directors, and employees allegedly procured
women who aspired to be actresses, producers, or directors in the
motion picture industry, lured them to hotel rooms, approved
Weinstein's expenses for hotel rooms, and approved large settlement
payments and legal fees to procure women's silence and cover up
Weinstein's behavior. After a New York Times expose in 2017, scores
of women began to come forward and allege claims against him, his
companies, and their officers and directors. Weinstein was fired
from TWC's Board. In 2018, TWC and its affiliates filed for Chapter
11 bankruptcy.
Judge Hellerstein dismissed Plaintiffs' initial complaint with
leave to amend. Plaintiffs then filed the operative complaint, the
First Amended Complaint. The First Amended Complaint includes
federal claims pursuant to the Trafficking Victims Protection Act
("TVPA") and Racketeer Influenced and Corrupt Organizations Act
("RICO"), and state claims for negligent supervision and retention,
battery, assault, false imprisonment, intentional infliction of
emotional distress, negligent infliction of emotional distress, and
ratification. Defendants again moved to dismiss all claims.
The Plaintiffs seek a review of the Court's Order dated April 18,
2019 as entered by Judge Alvin K. Hellerstein granting in part and
denying in part the Defendants' motion to dismiss the First Amended
Complaint. In that order, Judge Hellerstein (i) denied Harvey
Weinstein's motion to dismiss the TWC Subclass's TVPA claim (Count
I), and (ii) dismissed all other claims against all other
Defendants (Counts II - XVIII). The Judge held that the TVPA
participation claims (Count II) fail to allege receipt of a benefit
from participation in sex trafficking, the RICO claims (Counts V
and VI) fail to allege injury to business or property caused by a
RICO violation, and the state law claims (Counts III, IV, VII -
XVIII) are untimely under the applicable statutes of limitations.
The appellate case is captioned as Geiss v. The Weinstein Company
Holdings, Case No. 21-1007, in the United States Court of Appeals
for the Second Circuit, filed on April 22, 2021. [BN]
Plaintiffs-Appellants Katherine Kendall, Zoe Brock, Melissa
Sagemiller, Nannette May, FKA Nannette Klatt, Caitlin Dulany, and
Larissa Gomes, individually and on behalf of all others similarly
situated, are represented by:
Lynn A. Ellenberger, Esq.
FEGAN SCOTT LLC
500 Grant Street
Pittburgh, PA 15219
Telephone: (412) 346-4101
E-mail: lynn@feganscott.com
- and -
John Clune, Esq.
HUTCHINSON, BLACK & COOK, LLC
91 Walnut Street
Boulder, CO 80302
Telephone: (303) 442-6514
E-mail: clune@hbcboulder.com
Defendants-Appellees The Weinstein Company Holdings LLC, Miramax
Film NY, LLC, Harvey Weinstein, Robert Weinstein, Dirk Ziff, Tim
Sarnoff, Marc Lasry, Tarak Ben Ammar, Lance Maerov, Richard
Koenigsberg, Paul Tudor Jones, Jeff Sackman, James Dolan, The Walt
Disney Company, Disney Enterprises, Inc., Buena Vista
International, Inc., Michael Eisner, David Glasser, Mark Gill, and
Nancy Ashbrooke are represented by:
Gerald Leonard Maatman, Jr., Esq.
SEYFARTH SHAW LLP
620 8th Avenue
New York, NY 10018
Telephone: (212) 218-5500
E-mail: gmaatman@seyfarth.com
- and -
Laura R. Washington, Esq.
LATHAM & WATKINS LLP
10250 Constellation Boulevard
Los Angeles, CA 90067
Telephone: (424) 653-5500
E-mail: laura.washington@lw.com
- and -
Imran H. Ansari, Esq.
AIDALA BERTUNA & KAMINS PC
546 5th Avenue
New York, NY 10036
Telephone: (212) 486-0011
- and -
Barry A. Bohrer, Esq.
SCHULTE ROTH & ZABEL LLP
919 3rd Avenue
New York, NY 10022
Telephone: (212) 756-2000
E-mail: barry.bohrer@srz.com
- and -
Lawrence Steven Spiegel, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
One Manhattan West
New York, NY 10001
Telephone: (212) 735-4155
E-mail: lawrence.spiegel@skadden.com
- and -
Brad S. Karp, Esq.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
1285 Avenue of the Americas
New York, NY 10019
Telephone: (212) 373-3000
E-mail: bkarp@paulweiss.com
- and -
Kathleen A. Jorrie, Esq.
LUCE, FORWARD, HAMILTON & SCRIPPS LLP
601 South Figueroa Street
Los Angeles, CA 90017
Telephone: (213) 894-4974
- and -
Israel David, Esq.
FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP
1 New York Plaza
New York, NY 10004
Telephone: (212) 859-8218
E-mail: israel.david@friedfrank.com
- and -
John Christian Scalzo, Esq.
REED SMITH LLP
599 Lexington Avenue
New York, NY 10022
Telephone: (212) 549-0219
E-mail: jscalzo@reedsmith.com
- and -
Daniel S. Ruzumna, Esq.
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, NY 10036
Telephone: (212) 336-2000
E-mail: druzumna@pbwt.com
- and -
John Jacob Rosenberg, Esq.
ROSENBERG, GIGER & PERALA P.C.
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 494-5011
- and -
Evan R. Chesler, Esq.
CRAVATH, SWAINE & MOORE LLP
Worldwide Plaza, 825 8th Avenue
New York, NY 10019
Telephone: (212) 474-1000
E-mail: echesler@cravath.com
- and -
Douglas Eric Grover, Esq.
SCHLAM STONE & DOLAN LLP
26 Broadway
New York, NY 10004
Telephone: (212) 344-5400
E-mail: dgrover@schlamstone.com
- and -
Silvia L. Serpe, Esq.
SERPE RYAN LLP
1115 Broadway
New York, NY 10010
Telephone: (212) 257-5010
E-mail: sserpe@serperyan.com
- and -
Allison Noel Angel, Esq.
HOGUET NEWMAN REGAL & KENNEY, LLP
1 Grand Central Place
60 East 42nd Street
New York, NY 10165
Telephone: (212) 689-8808
WEST BEND: Paradigm Appeals Insurance Case Dismissal to 7th Cir.
----------------------------------------------------------------
Plaintiffs PARADIGM CARE & ENRICHMENT CENTER, LLC, et al., filed an
appeal from a court ruling entered in the lawsuit entitled PARADIGM
CARE & ENRICHMENT CENTER, LLC, PARADIGM CARE & ENRICHMENT CENTER 2,
LLC, CREATIVE PATHS LEARNING CENTER, INC., and CREATIVE PATHS
INFANT CENTER, INC., Plaintiffs v. WEST BEND MUTUAL INSURANCE
COMPANY, Defendant, Case No. 2:20-cv-00720-JPS, in the U.S.
District Court for the Eastern District of Wisconsin.
As previously reported in the Class Action Reporter, the lawsuit is
brought against the Defendant for its refusal to pay its insureds
under its Business Income, Civil Authority, Extra Expense,
Communicable Disease Business Income and Extra Expense, and Sue and
Labor coverages for losses suffered due to the COVID-19 crisis.
To protect their businesses in the event that they suddenly had to
suspend operations for reasons outside of their control, or if they
had to act in order to prevent further property damage, the
Plaintiffs purchased insurance coverage from West Bend Mutual
Insurance Company, including special property coverage, as set
forth in West Bend's Businessowners Special Property Coverage Form
(NS 0203 01 18I) ("Special Property Coverage Form").
West Bend's Special Property Coverage Form provides "Business
Income" coverage, which promises to pay for loss due to the
necessary suspension of operations following loss to property. West
Bend's Special Property Coverage Form also provides "Civil
Authority" coverage, which promises to pay for loss caused by the
action of a civil authority that prohibits access to the insured
premises; as well as "Extra Expense" coverage, which promises to
pay the expense incurred to minimize the suspension of business and
to continue operations.
The Plaintiffs were forced to suspend or reduce operations at their
childcare centers due to COVID-19 and the resultant closure orders
issued by civil authorities in Michigan and Illinois. The
Plaintiffs allege that West Bend has, on a widescale and uniform
basis, refused to pay its insureds under its Business Income, Civil
Authority, Extra Expense, Communicable Disease Business Income and
Extra Expense, and Sue and Labor coverages for losses suffered due
to COVID-19, any orders by civil authorities that have required the
necessary suspension of business, and any efforts to prevent
further property damage or to minimize the suspension of business
and continue operations. Indeed, West Bend has denied Plaintiffs'
claims under their West Bend policies, says the complaint.
The Plaintiffs seek a review of the Court's Order and Judgment
dated March 26, 2021, granting Defendant's Motion to Dismiss
Plaintiffs' Amended Complaint and dismissing the case with
prejudice.
The appellate case is captioned as Paradigm Care & Enrichment
Center, LLC, et al v. West Bend Mutual Insurance Company, Case No.
21-1695, in the U.S. Court of Appeals for the Seventh Circuit,
filed on April 20, 2021.
The briefing schedule in the Appellate Case states that:
-- Transcript information sheet is due by May 4, 2021; and
-- Appellant's brief is due on or before June 1, 2021 for
Creative Paths Infant Center, Incorporated, Creative Paths Learning
Center, Inc., Paradigm Care & Enrichment 2, LLC and Paradigm Care &
Enrichment Center, LLC.[BN]
Plaintiffs-Appellants PARADIGM CARE & ENRICHMENT CENTER, LLC,
PARADIGM CARE & ENRICHMENT 2, LLC, CREATIVE PATHS LEARNING CENTER,
INC., and CREATIVE PATHS INFANT CENTER, INCORPORATED, individually
and on behalf of all others similarly situated, are represented
by:
Adam J. Levitt, Esq.
DICELLO LEVITT GUTZLER LLC
Ten N. Dearborn Street
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
Defendant-Appellee WEST BEND MUTUAL INSURANCE COMPANY is
represented by:
A. J. Fabianczyk, Esq.
HUSCH BLACKWELL LLP
511 N. Broadway
Milwaukee, WI 53202-3819
Telephone: (414) 273-2100
E-mail: aj.fabianczyk@huschblackwell.com
WILLOWICK SENIOR: Lewis Sues Over Unpaid Overtime for Caregivers
----------------------------------------------------------------
NAOMI LEWIS, individually and on behalf of all others similarly
situated, Plaintiff v. WILLOWICK SENIOR LIVING LLC, Defendant, Case
No. 3:21-cv-00283 (W.D. Wis., April 27, 2021) is a class action
against the Defendants for violations of the Fair Labor Standards
Act and the Wisconsin's Wage Payment and Collection Laws by failing
to compensate the Plaintiff and all others similarly situated
employees overtime pay for all hours worked in excess of 40 hours
in a workweek.
The Plaintiff worked as a certified nursing assistant and caregiver
at the Defendant's Clinton, Wisconsin and Beloit, Wisconsin
locations from approximately November 2019 until approximately
April 2021.
Willowick Senior Living LLC is an assisted living facility, with
its principal place of business located at 3275 West Lamplight
Trail, Beloit, Wisconsin. [BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2021. All rights reserved. ISSN 1525-2272.
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