/raid1/www/Hosts/bankrupt/CAR_Public/211110.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, November 10, 2021, Vol. 23, No. 219
Headlines
3M COMPANY: $65MM Deal in Water Contamination Suit Awaits Final OK
3M COMPANY: 27 Class Suits Over AFFF Pending
3M COMPANY: Class Certification Bid Pending in Ohio Suit
3M COMPANY: Delaware Water Contamination Suit Pending
3M COMPANY: July 2023 Trial in King Case
3M COMPANY: Parties in St. John Case in Negotiations
3M COMPANY: Parties in Talks over Mich. Water Contamination Suit
3M COMPANY: Plaintiffs in Billings Case Reach 4,000
AUBERGE RESORTS: Contreras Files ADA Suit in S.D. New York
AVAST SOFTWARE: Contreras Files ADA Suit in S.D. New York
BAXTER INT'L: No Appeal Filed from Dismissal of IV Solutions Suit
BAXTER INT'L: Silverman Settlement Wins Final Approval
BLACK ONYX: Contreras Files ADA Suit in S.D. New York
BTA OIL PRODUCERS: Ricks Sues Over Failure to Pay Overtime Wages
COASTAL DETOX: Tapla Sues Over Unpaid Overtime Compensation
COGNIZANT TECH: Final Settlement Approval Hearing Set for Dec. 18
COMMUNITY HEALTH: Bid to Dismiss Padilla Suit Still Pending
CWGS GROUP: Contreras Files ADA Suit in S.D. New York
EVENFLO COMPANY: Estevez Files ADA Suit in S.D. New York
FCA US: Ward-Richardson Files Suit in N.D. Georgia
FIRSTENERGY CORP: Consolidated Putative Class Suit Underway in Ohio
FIRSTENERGY CORP: Discovery in Emmons Putative Class Suit Ongoing
FIRSTENERGY CORP: Discovery Ongoing in Ohio Consolidated Class Suit
HEARTLAND FRAGRANCE: Estevez Files ADA Suit in S.D. New York
HOEGH LNG: Roizman Sues Over Exchange Act Violations
HOFFMAN MEDIA: Estevez Files ADA Suit in S.D. New York
HUF WORLDWIDE: Contreras Files ADA Suit in S.D. New York
HYDRAPAK LLC: Contreras Files ADA Suit in S.D. New York
KONINKLIJKE PHILIPS: Algofi Suit Transferred to W.D. Pennsylvania
KONINKLIJKE PHILIPS: Cormier Files Suit in W.D. Pennsylvania
KONINKLIJKE PHILIPS: Walker Suit Transferred to W.D. Pennsylvania
L'OREAL USA: Estevez Files ADA Suit in S.D. New York
LIBERTY HEALTHSHARE: Glasgow Sues Over Illegal Health Insurance
LIVERAMP HOLDINGS: Chen Files Suit in Cal. Super. Ct.
MALNATI ORGANIZATION: Rodriguez Files ADA Suit in E.D. New York
MALWAREBYTES INC: Contreras Files ADA Suit in S.D. New York
MAXIM GROUP: Estevez Files ADA Suit in S.D. New York
MEREDITH CORP: Hetzel Sues Over Unlawful Use of Customers' Personas
MIDLAND CREDIT: Antushevich Files FDCPA Suit in E.D. New York
MISSOURI RIVER: Contreras Files ADA Suit in S.D. New York
MOONBUG ENTERTAINMENT: Estevez Files ADA Suit in S.D. New York
NATURE'S ANSWER: Contreras Files ADA Suit in S.D. New York
NAVISTAR INC: Hough Sues Over Comprised Personal Information
NEW EARTH: Contreras Files ADA Suit in S.D. New York
NOLEO CARE: Estevez Files ADA Suit in S.D. New York
NORTHWEST COMPUTER: Young Files ADA Suit in S.D. New York
NORTONLIFELOCK INC: Contreras Files ADA Suit in S.D. New York
OUACHITA UNIVERSITY: Estevez Files ADA Suit in S.D. New York
PHARMAVITE LLC: Contreras Files ADA Suit in S.D. New York
PK HEALTHCARE: Lopez Files Suit in Cal. Super. Ct.
PLAYA BOWLS: Contreras Files ADA Suit in S.D. New York
POCKETWATCH INC: Estevez Files ADA Suit in S.D. New York
POOPYS INC: Contreras Files ADA Suit in S.D. New York
POTTERY POTS: Contreras Files ADA Suit in S.D. New York
PRINCIPAL FINANCIAL: Rozo Appeals 8th Circuit Ruling
REPUBLIC UNDERWRITERS: Garcia Suit Removed to D. New Mexico
REVOLVE GROUP: Estevez Files ADA Suit in S.D. New York
ROM GROCERY: Herrera Files FLSA Suit in S.D. New York
ROOM & BOARD: Contreras Files ADA Suit in S.D. New York
ROOSTER TEETH: Estevez Files ADA Suit in S.D. New York
RUTHERFORD COUNTY, TN: Settlement Set to be Finalized on Dec. 3
S&P GLOBAL: Investor Class Suits Underway in Australia
SCHWEITZER LINES: Contreras Files ADA Suit in S.D. New York
SHAMUS & PEABODY: Estevez Files ADA Suit in S.D. New York
SOLOMID CORPORATION: Estevez Files ADA Suit in S.D. New York
STEKLEN & WALKER: Contreras Files ADA Suit in S.D. New York
T ROWE PRICE: Settlement Reached in 401(k) Plan Related Suit
TD ASSOCIATES: Contreras Files ADA Suit in S.D. New York
TDB COMMUNICATIONS: Ramos Files Suit in Cal. Super. Ct.
TGINESIS LLC: Estevez Files ADA Suit in S.D. New York
UNCONDITIONAL LOVE: Estevez Files ADA Suit in S.D. New York
VIATRIS INC: Sued Over Scheme to Monopolize EpiPen Market
VVF INTERVEST: Robertson Sues Over Unpaid Straight, Overtime Wages
WE ARE NATIONS: Estevez Files ADA Suit in S.D. New York
WHISTLEPIG LLC: Estevez Files ADA Suit in S.D. New York
WILDERNESS SPORTS: Contreras Files ADA Suit in S.D. New York
WILMINGTON UNIVERSITY: Estevez Files ADA Suit in S.D. New York
WIRELESS LIFESTYLE: DeMarcus Sues Over Unpaid Overtime Wages
*********
3M COMPANY: $65MM Deal in Water Contamination Suit Awaits Final OK
------------------------------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on October 26, 2021, for the quarterly
period ended September 30, 2021, that the $65 million settlement of
a class action litigation in New York over alleged water
contamination is awaiting final court approval.
In New York, 3M is defending 40 individual cases and one putative
class action filed in the U.S. District Court for the Northern
District of New York and four additional individual cases filed in
New York state court against 3M, Saint-Gobain Performance Plastics
Corp. (Saint-Gobain), Honeywell International Inc. and E.I. DuPont
De Nemours and Co. (DuPont). Tonaga, Inc. (Taconic) is also a
defendant in the state court actions.
Plaintiffs allege that Perfluorooctanoic acid (PFOA) discharged
from fabric coating facilities operated by non-3M entities (that
allegedly had used PFOA-containing materials from 3M, among others)
contaminated the drinking water in the Village of Hoosick Falls,
the Town of Hoosick and Petersburg, New York.
They assert various tort claims for personal injury and property
damage and in some cases request medical monitoring.
3M has answered the complaints in these individual cases, which are
now proceeding through discovery.
In the federal court individual cases, the parties selected 24
claimants in May 2021 for a pool from which eight plaintiffs will
be chosen for expert discovery and dispositive motions.
At the conclusion of these motions, the court will determine which
case(s) will continue toward trial.
In the putative class action, certain parties, including 3M,
reached an agreement to resolve litigation among the settling
parties.
The settlement agreement received preliminary approval from the
district court in July 2021.
"Under the agreement, 3M, Saint-Gobain and Honeywell will
collectively contribute to a fixed total amount of approximately
$65 million to resolve the plaintiffs' claims and those of the
proposed classes," the Company said.
3M's contribution is not considered material.
3M is also defending 12 individual cases in the U.S. District Court
for the Eastern District of New York filed by Nassau and Suffolk
County drinking water providers.
The plaintiffs in these cases allege that products manufactured by
3M, DuPont, and additional unnamed defendants contaminated
plaintiffs' water supply sources with various PFAS compounds.
DuPont's motion to transfer these cases to the AFFF MDL was denied
in March 2020. 3M has filed answers in these cases and discovery is
ongoing.
The 3M Company is an American multinational conglomerate
corporation operating in the fields of industry, worker safety, US
health care, and consumer goods.
3M COMPANY: 27 Class Suits Over AFFF Pending
--------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on October 26, 2021, for the quarterly
period ended September 30, 2021, that as of September 30, a total
of 1,762 lawsuits, including 27 putative class actions, alleging
injuries or damages by Aqueous Film-Forming Foam Concentrates
(AFFF) use have been filed against 3M along with other defendants
in various state and federal courts.
3M manufactured and marketed AFFF for use in firefighting at
airports and military bases from approximately 1963 to 2002.
The Company said a vast majority of these pending cases are in a
federal Multi-District Litigation (MDL) court in South Carolina.
Additional AFFF cases continue to be filed in or transferred to the
MDL.
The Company also continues to defend certain AFFF cases that remain
in state court and be in discussions with pre-suit claimants for
possible resolutions where appropriate.
The 3M Company is an American multinational conglomerate
corporation operating in the fields of industry, worker safety, US
health care, and consumer goods.
3M COMPANY: Class Certification Bid Pending in Ohio Suit
--------------------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on October 26, 2021, for the quarterly
period ended September 30, 2021, that the parties in a class action
lawsuit in Ohio over alleged blood contamination are awaiting the
court's ruling on class certification.
In October 2018, 3M and other defendants, including DuPont and
Chemours, were named in a putative class action in the U.S.
District Court for the Southern District of Ohio brought by the
named plaintiff, a firefighter allegedly exposed to Perfluoroalkyl
and Polyfluoroalkyl Substances (PFAS) chemicals through his use of
firefighting foam, purporting to represent a putative class of all
U.S. individuals with detectable levels of PFAS in their blood.
"The plaintiff brings claims for negligence, battery, and
conspiracy and seeks injunctive relief, including an order
"establishing an independent panel of scientists" to evaluate
PFAS," the Company said.
3M and other entities jointly filed a motion to dismiss in February
2019. In September 2019, the court denied the defendants' motion to
dismiss.
In February 2020, the court denied 3M's motion to transfer the case
to the AFFF MDL.
Briefing on plaintiff's class certification motion is complete, and
the court's ruling on class certification is pending.
The 3M Company is an American multinational conglomerate
corporation operating in the fields of industry, worker safety, US
health care, and consumer goods.
3M COMPANY: Delaware Water Contamination Suit Pending
-----------------------------------------------------
3M Company continues to defend a class action lawsuit over alleged
water contamination in Delaware, the Company said in its Form 10-Q
Report filed with the Securities and Exchange Commission on October
26, 2021, for the quarterly period ended September 30, 2021. Oral
argument was held in the case on September 2021.
3M, together with several co-defendants, is defending one putative
class action brought by individuals alleging contamination of their
water supply with Perfluoroalkyl and Polyfluoroalkyl Substances
(PFAS) resulting from the operations of local metal plating
facilities.
Plaintiffs allege that 3M supplied PFAS to the metal plating
facilities. DuPont, Chemours, and the metal platers have also been
named as defendants.
This case has been removed from state court to federal court, and
plaintiffs have withdrawn its motion to remand to state court and
filed an amended complaint.
"3M has filed a motion to dismiss the amended complaint. In
February 2021, the court raised the question whether subject matter
jurisdiction under the Class Action Fairness Act was proper, issued
an order requiring the parties to brief the issue and denied
defendants' motions to dismiss with leave to renew pending the
court's ruling on jurisdiction," the Company said.
Briefing on the jurisdictional question is complete, and oral
argument was held in September 2021.
The 3M Company is an American multinational conglomerate
corporation operating in the fields of industry, worker safety, US
health care, and consumer goods.
3M COMPANY: July 2023 Trial in King Case
----------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on October 26, 2021, for the quarterly
period ended September 30, 2021, that the King class action lawsuit
is scheduled for trial in July 2023.
The King putative class action was filed in November 2017 against
3M, Dyneon, Daikin America and the West Morgan-East Lawrence Water
and Sewer Authority (Water Authority) in the U.S. District Court
for the Northern District of Alabama.
The plaintiffs are residents of Lawrence and Morgan County, Alabama
who receive their water from the Water Authority and seek
injunctive relief, attorneys' fees, compensatory and punitive
damages for their alleged personal injuries.
The plaintiffs contend that the defendants own and operate
manufacturing and disposal facilities in Decatur, Alabama that have
released and continue to release Perfluorooctanoic acid (PFOA),
Perfluorooctanesulfonic acid (PFOS) and related chemicals into the
groundwater and surface water of their sites, resulting in
discharges into the Tennessee River.
"The plaintiffs contend that, as a result of the alleged
discharges, the water supplied by the Water Authority to the
plaintiffs was, and is, contaminated with PFOA, PFOS and related
chemicals at a level dangerous to humans," Company said.
In November 2019, the King plaintiffs amended their complaint to
withdraw all class allegations.
Since then, the plaintiffs have added 37 new individual plaintiffs
and voluntarily dismissed five plaintiffs (for a total of 55
plaintiffs).
The case is scheduled for trial in July 2023. Discovery in this
case is proceeding.
The 3M Company is an American multinational conglomerate
corporation operating in the fields of industry, worker safety, US
health care, and consumer goods.
3M COMPANY: Parties in St. John Case in Negotiations
----------------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on October 26, 2021, for the quarterly
period ended September 30, 2021, that the Company is in discussions
with the parties involved in the St. John class action litigation
for negotiated resolutions regarding their claims and disputes.
A former employee filed a putative class action lawsuit against 3M,
BFI Waste Management Systems of Alabama, and others in the Circuit
Court of Morgan County, Alabama (the "St. John" case), seeking
property damage from exposure to certain perfluorochemicals at or
near the Company's Decatur, Alabama, manufacturing facility.
The parties have agreed to continue to stay the St. John case,
pending ongoing mediation between the parties involved in this case
and another case.
"Two additional putative class actions filed in the same court by
certain residents in the vicinity of the Decatur plant seeking
relief on similar grounds (the Chandler case and the Stover case,
respectively) are stayed pending the resolution of class
certification issues in the St. John case," the Company said.
The Company is in discussions for negotiated resolutions with
multiple parties regarding filed claims and pre-litigation disputes
related to historical PFAS manufacturing operations in Alabama.
The 3M Company is an American multinational conglomerate
corporation operating in the fields of industry, worker safety, US
health care, and consumer goods.
3M COMPANY: Parties in Talks over Mich. Water Contamination Suit
----------------------------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on October 26, 2021, for the quarterly
period ended September 30, 2021, the parties in a class action
lawsuit over alleged water contamination in Michigan have engaged
in mediation efforts.
In Michigan, one consolidated putative class action is pending in
the U.S. District Court for the Western District of Michigan
against 3M and Wolverine World Wide (Wolverine).
The action arises from Wolverine's allegedly improper disposal of
materials and wastes, including 3M Scotchgard, related to
Wolverine's shoe manufacturing operations.
Plaintiffs allege Wolverine used 3M Scotchgard in its manufacturing
process and that chemicals from 3M's product contaminated the
environment and drinking water sources after disposal.
In June 2021, the court partially denied the defendants' motions to
dismiss, by granting the motions to dismiss the negligence claim
only insofar as the plaintiffs seek damages for personal injuries,
as opposed to property damage.
In September 2021, the plaintiffs filed a motion to amend the
complaint, including to add four new named plaintiffs and putative
class representatives.
3M and Wolverine filed a motion to strike the plaintiffs' motion
for class certification and opposed plaintiffs' motion to amend the
complaint.
"The court has set a trial date in April 2022. In addition to the
consolidated federal court putative class action, as of September
30, 2021, 3M is a defendant in approximately 280 private individual
actions in Michigan state court based on similar allegations," the
Company said.
These cases are coordinated for pre-trial purposes.
Five of these cases were selected over time for bellwether trials.
In January 2020, the court issued the first round of dispositive
motion rulings related to the first two bellwether cases, including
dismissing the second bellwether case entirely and dismissing
certain plaintiffs' medical monitoring and risk of future disease
claims, and granting summary judgment to the defendants on one
plaintiff's cholesterol injury claims.
The parties settled the first bellwether case in early 2020 for an
immaterial amount. In June 2020, the court denied the plaintiffs'
motion to reconsider the dismissal of the second bellwether case,
and the plaintiffs have appealed the decision to the state
appellate court.
In January 2021, the court granted summary judgment in favor of the
defendants in one of three remaining bellwether cases.
The plaintiffs in this dismissed bellwether case have also appealed
the dismissal to the state appellate court.
The Company has settled both remaining bellwether cases for an
immaterial amount.
An additional eight cases have been identified as a pool from which
future bellwether cases will be selected.
The parties have engaged in mediation efforts in the putative class
action and are in discussions in certain state court mass action
cases for negotiated resolutions.
The 3M Company is an American multinational conglomerate
corporation operating in the fields of industry, worker safety, US
health care, and consumer goods.
3M COMPANY: Plaintiffs in Billings Case Reach 4,000
---------------------------------------------------
3M Company said in its Form 10-Q Report filed with the Securities
and Exchange Commission on October 26, 2021, for the quarterly
period ended September 30, 2021, that plaintiffs in the Billing
class action litigation have now reached approximately 4,000.
In August 2016, a group of over 200 plaintiffs filed a putative
class action against West Morgan-East Lawrence Water and Sewer
Authority (Water Authority), 3M, Dyneon, Daikin, BFI Waste
Management Systems of Alabama, and the City of Decatur in state
court in Lawrence County, Alabama (the "Billings" case).
Plaintiffs are residents of Lawrence, Morgan and other counties who
are or have been customers of the Water Authority.
They contend defendants have released per- and polyfluoroalkyl
substances (PFAS) that contaminate the Tennessee River and, in
turn, their drinking water, causing damage to their health and
properties. In January 2017, the court in the St. John case stayed
this litigation pending resolution of the St. John case.
"Plaintiffs in the Billings case have amended their complaint
numerous times to add additional plaintiffs. There are now
approximately 4,000 named plaintiffs," the Company said.
The 3M Company is an American multinational conglomerate
corporation operating in the fields of industry, worker safety, US
health care, and consumer goods.
AUBERGE RESORTS: Contreras Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Auberge Resorts LLC.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. Auberge Resorts LLC, Case No.
1:21-cv-09066 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Auberge Resorts -- https://aubergeresorts.com/ -- is a portfolio of
extraordinary hotels, resorts, residences and private clubs.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
AVAST SOFTWARE: Contreras Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Avast Software, Inc.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. Avast Software, Inc., Case No.
1:21-cv-09094 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Avast Software -- https://www.avast.com/ -- is a Czech
multinational cybersecurity software company headquartered in
Prague, Czech Republic that researches and develops computer
security software, machine learning and artificial
intelligence.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
BAXTER INT'L: No Appeal Filed from Dismissal of IV Solutions Suit
-----------------------------------------------------------------
Baxter International Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on October 28, 2021, for the
quarterly period ended September 30, 2021, that the plaintiffs in
the putative antitrust class action suit related to IV solutions
sales have not taken an appeal from the district court's decision
dismissing the case.
In November 2016, a putative antitrust class action complaint
seeking monetary and injunctive relief was filed in the United
States District Court for the Northern District of Illinois.
The complaint alleges a conspiracy among manufacturers of IV
solutions to restrict output and affect pricing in connection with
a shortage of such solutions. Similar parallel actions subsequently
were filed.
In January 2017, a single consolidated complaint covering these
matters was filed in the Northern District of Illinois.
The company filed a motion to dismiss the consolidated complaint in
February 2017.
The court granted the company's motion to dismiss the consolidated
complaint without prejudice in July 2018. The plaintiffs filed an
amended complaint, which the comapny moved to dismiss on November
9, 2018.
The court granted the company's motion to dismiss the amended
complaint with prejudice on April 3, 2020.
The plaintiffs did not file an appeal.
No further updates were provided in the Company's SEC report.
Baxter International Inc., through its subsidiaries, develops and
provides a portfolio of healthcare products. The company operates
through North and South America; Europe, Middle East and Africa;
and Asia-Pacific segments. Baxter International Inc. was founded in
1931 and is headquartered in Deerfield, Illinois.
BAXTER INT'L: Silverman Settlement Wins Final Approval
------------------------------------------------------
Baxter International Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on October 28, 2021, for the
quarterly period ended September 30, 2021, that the court in Ethan
E. Silverman et al. v. Baxter International Inc. et al., granted
final approval of the settlement.
In November 2019, the company and certain of its officers were
named in a class action complaint captioned Ethan E. Silverman et
al. v. Baxter International Inc. et al. that was filed in the
United States District Court for the Northern District of Illinois.
The plaintiff, who allegedly purchased shares of the company's
common stock during the specified class period, filed this putative
class action on behalf of himself and shareholders who acquired
Baxter common stock between February 21, 2019 and October 23, 2019.
The plaintiff alleges that the company and certain officers
violated Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder by making allegedly
false and misleading statements and failing to disclose material
facts relating to certain intra-company transactions undertaken for
the purpose of generating foreign exchange gains or avoiding
foreign exchange losses, as well as the company's internal controls
over financial reporting.
On January 29, 2020, the Court appointed Varma Mutual Pension
Insurance Company and Louisiana Municipal Police Employees
Retirement System as lead plaintiffs in the case.
Plaintiffs filed an amended complaint on June 25, 2020 containing
substantially the same allegations.
On August 24, 2020, the company filed a motion to dismiss the
amended complaint. On January 12, 2021, the Court granted the
company's motion to dismiss the amended complaint but gave
plaintiffs an opportunity to file a further-amended complaint.
The parties reached an agreement to settle the case for $16
million, subject to the completion of confirmatory discovery and
final approval by the Court.
The Court granted final approval of the settlement on August 11,
2021.
Baxter said, "We were fully reserved for the settlement amount as
of September 30, 2021."
Baxter International Inc., through its subsidiaries, develops and
provides a portfolio of healthcare products. The company operates
through North and South America; Europe, Middle East and Africa;
and Asia-Pacific segments. Baxter International Inc. was founded in
1931 and is headquartered in Deerfield, Illinois.
BLACK ONYX: Contreras Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Black Onyx World LLC.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. Black Onyx World LLC, Case No.
1:21-cv-09102 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Black Onyx World LLC -- https://blackonyxworld.com/ is located in
Fort Myers, Florida and is part of the Health and Personal Care
Stores Industrynce.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
BTA OIL PRODUCERS: Ricks Sues Over Failure to Pay Overtime Wages
----------------------------------------------------------------
Gage Ricks, on Behalf of Himself and on Behalf of All Others
Similarly Situated v. BTA OIL PRODUCERS, LLC, Case No.
7:21-cv-00206 (W.D. Tex., Nov. 3, 2021), is brought against the
Defendant's practice of failing to pay Plaintiff for all hours and
time-and-a-half for all hours worked in excess of 40 per workweek
violates the Fair Labor Standards Act.
The Defendant required the Plaintiff to work more than forty hours
in a workweek without the proper overtime compensation. The
Defendant also failed to pay the Plaintiff for all the hours he
worked. The Defendant's conduct violates the FLSA, which requires
non-exempt employees to be compensated for all hours in excess of
forty in a workweek at one and one-half times their regular rates
of pay, says the complaint.
The Plaintiff worked for the Defendant as pumper from May of 2019
to September of 2021.
BTA Oil Producers, LLC is a privately held oil production company
that operates oil and gas wells throughout West Texas.[BN]
The Plaintiff is represented by:
Beatriz Sosa-Morris, Esq.
SOSA-MORRIS NEUMAN, PLLC
5612 Chaucer Drive
Houston, TX 77005
Phone: (281) 885-8844
Facsimile: (281) 885-8813
Email: BSosaMorris@smnlawfirm.com
COASTAL DETOX: Tapla Sues Over Unpaid Overtime Compensation
-----------------------------------------------------------
Joan Tapla, on behalf of herself and others similarly situated v.
COASTAL DETOX, INC., a Florida Profit Corporation, Case No.
2:21-cv-14434-AMC (S.D. Fla., Nov. 3, 2021), is brought pursuant to
the Fair Labor Standards Act to seek unpaid overtime compensation,
unpaid straight time, liquidated damages or pre-judgment interest,
post judgment interest, attorneys' fees and costs from the
Defendant.
The Plaintiff worked more than 40 hours per week during nearly
every week of her employment, without being paid the federally
mandated wage for overtime for all hours worked. The Defendant
violated the FLSA and Florida law by failing to pay Plaintiff for
overtime hours worked in excess of forty per week at the applicable
time and one-half rate, and straight time hours that were worked
but automatically deducted from her compensable hours for a meal
break that she did not actually take, says the complaint.
The Plaintiff was employed as a licensed practical nurse for the
Defendant.
The Defendant operates a drug and alcohol rehabilitation facility
located in Miami-Dade County, Florida.[BN]
The Plaintiff is represented by:
Robert S. Norell, Esq.
ROBERT S. NORELL, P.A.
300 N.W. 70th Avenue, Suite 305
Plantation, FL 33317
Phone: (954) 617-6017
Facsimile: (954) 617-6018
Email: rob@floridawagelaw.com
COGNIZANT TECH: Final Settlement Approval Hearing Set for Dec. 18
-----------------------------------------------------------------
Cognizant Technology Solutions Corporation said in its Form 10-Q
Report filed with the Securities and Exchange Commission on October
28, 2021, for the quarterly period ended September 30, 2021, that
the final settlement approval hearing in the consolidated putative
securities class action filed in New Jersey is set for December 18,
2021.
On October 5, 2016, October 27, 2016 and November 18, 2016, three
putative securities class action complaints were filed in the
United States District Court for the District of New Jersey
(USDC-NJ), naming the company and certain of its current and former
officers as defendants.
These complaints were consolidated into a single action and on
April 7, 2017, the lead plaintiffs filed a consolidated amended
complaint on behalf of a putative class of persons and entities who
purchased our common stock during the period between February 27,
2015 and September 29, 2016, naming the company and certain of its
current and former officers at that time as defendants and alleging
violations of the Exchange Act, based on allegedly false or
misleading statements related to potential violations of the
Foreign Corrupt Practices Act, the company's business, prospects
and operations, and the effectiveness of the company's internal
controls over financial reporting and the company's disclosure
controls and procedures.
The lead plaintiffs seek an award of compensatory damages, among
other relief, and their reasonable costs and expenses, including
attorneys' fees.
Defendants filed motions to dismiss the consolidated amended
complaint on June 6, 2017.
On August 8, 2018, the USDC-NJ issued an order which granted the
motions to dismiss in part, including dismissal of all claims
against then-current officers of the Company, and denied them in
part.
On September 7, 2018, the company filed a motion in the USDC-NJ to
certify the August 8, 2018 order for immediate appeal to the United
States Court of Appeals for the Third Circuit pursuant to 28 U.S.C.
Section 1292(b).
On October 18, 2018, the USDC-NJ issued an order granting the
company's motion, and staying the action pending the outcome of our
appeal petition to the Third Circuit.
On October 29, 2018, the company filed a petition for permission to
appeal with the Third Circuit. On March 6, 2019, the Third Circuit
denied the company's petition without prejudice.
In an order dated March 19, 2019, the USDC-NJ directed the lead
plaintiffs to provide the defendants with a proposed amended
complaint. On April 26, 2019, lead plaintiffs filed their second
amended complaint.
The company filed a motion to dismiss the second amended complaint
on June 10, 2019. On June 7, 2020, the USDC-NJ issued an order
denying the company's motion to dismiss the second amended
complaint.
On July 10, 2020, the company filed its answer to the second
amended complaint. On July 23, 2020, the DOJ filed a motion on
consent for leave to intervene and to stay all discovery through
the conclusion of the criminal proceedings in United States v.
Gordon J. Coburn and Steven Schwartz, Crim. No. 19-120 (KM), except
for documents produced by the company to the DOJ in connection with
those criminal proceedings.
On July 24, 2020, the USDC-NJ granted the DOJ's motion; and on that
same day, the company filed a motion in the USDC-NJ to certify the
June 7, 2020 order for immediate appeal to the Third Circuit
pursuant to 28 U.S.C. Section 1292(b).
On March 17, 2021, the USDC-NJ issued an order denying the
company's motion.
On September 7, 2021, the parties filed a settlement agreement
that, subject to the approval of the USDC-NJ, would resolve the
consolidated putative securities class action against us and
certain of our former officers.
The settlement agreement provides for a payment of $95 million to
the putative class (inclusive of attorneys' fees and litigation
expenses).
Adjusting for indemnification expenses, legal fees and other
covered expenses incurred through September 7, 2021, the remaining
available balance under the applicable directors and officers
insurance policies was $75 million.
As a result, the company recorded a loss of $20 million in
"Selling, general and administrative expenses" in our unaudited
consolidated financial statements. The loss is referred to as the
Class Action Settlement Loss.
The company and the other defendants are entering into the
settlement agreement to eliminate the uncertainty, burden, and
expense of further protracted litigation.
The company and the other defendants expressly deny that the
plaintiffs in the consolidated putative securities class action
have asserted any valid claims as to us and them, respectively.
On September 9, 2021, the USDC-NJ granted preliminary approval of
the settlement. The settlement is subject to final approval by the
USDC-NJ and certain other conditions, and the company cannot
provide assurance that the USDC-NJ will grant final approval of the
settlement.
Notice is being provided to potential class members who will have
an opportunity to opt out of the settlement and make any objections
to the USDC-NJ, which the USDC-NJ will then review.
After the notice and objection period, the USDC-NJ is scheduled to
hold a hearing on December 20, 2021 to determine whether to grant
final approval of the settlement.
Cognizant said, "If final approval is not granted by the USDC-NJ,
or if the settlement does not become final for any other reason, we
will return to our position prior to the settlement and we are
unable to predict the duration, scope or result of the subsequent
litigation."
Cognizant Technology Solutions Corporation provides information
technology consulting and technology services in North America,
Europe, and Asia. The company was founded in 1994 and is based in
Teaneck, New Jersey.
COMMUNITY HEALTH: Bid to Dismiss Padilla Suit Still Pending
-----------------------------------------------------------
Community Health Systems, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on October 28, 2021,
for the quarterly period ended September 30, 2021, that the motion
to dismiss the case, Caleb Padilla, individually and on behalf of
all others similarly situated vs. Community Health Systems, Inc.,
Wayne T. Smith, Larry Cash, and Thomas J. Aaron, remains pending.
Caleb Padilla, individually and on behalf of all others similarly
situated v Community Health Systems, Inc., Wayne T. Smith, Larry
Cash, and Thomas J. Aaron.
This purported federal securities class action was filed in the
United States District Court for the Middle District of Tennessee
on May 30, 2019.
It seeks class certification on behalf of purchasers of our common
stock between February 20, 2017 and February 27, 2018 and alleges
misleading statements resulted in artificially inflated prices for
our common stock.
On November 20, 2019, the District Court appointed Arun
Bhattacharya and Michael Gaviria as lead plaintiffs in the case.
The lead plaintiffs filed a consolidated class complaint on January
21, 2020.
The Company filed a motion to dismiss the consolidated class
complaint on March 23, 2020. That motion is pending.
Community Health said, "We believe this matter is without merit and
will vigorously defend this case."
No further updates were provided in the Company's SEC report.
Community Health Systems, Inc., through its subsidiaries, owns,
leases, and operates general acute care hospitals in the United
States. The company offers general acute care, emergency room,
general and specialty surgery, critical care, internal medicine,
obstetrics, diagnostic, psychiatric, and rehabilitation services,
as well as skilled nursing and home care services. It also provides
outpatient services at urgent care centers, occupational medicine
clinics, imaging centers, cancer centers, and ambulatory surgery
centers. Community Health Systems, Inc. was founded in 1985 and is
headquartered in Franklin, Tennessee.
CWGS GROUP: Contreras Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against CWGS Group, LLC. The
case is styled as Yensy Contreras, individually and on behalf of
all others similarly situated v. CWGS Group, LLC, Case No.
1:21-cv-09100 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
CWGS Group, LLC doing business as Camping World Property, Inc. --
http://www.investor.campingworld.com/-- is located in
Lincolnshire, Illinois is part of the Sporting Goods, Hobby, and
Musical Instrument Stores Industry.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
EVENFLO COMPANY: Estevez Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Evenflo Company, Inc.
The case is styled as Arturo Estevez, individually and on behalf of
all others similarly situated v. Evenflo Company, Inc., Case No.
1:21-cv-09053 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Evenflo -- https://www.evenflo.com/ -- is a 100 year old infant
feeding company.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
FCA US: Ward-Richardson Files Suit in N.D. Georgia
--------------------------------------------------
A class action lawsuit has been filed against FCA US LLC. The case
is styled as Jibri Ward-Richardson, Yesenia Robaina, individually
and on behalf of similarly situated individuals v. FCA US LLC, Case
No. 2:21-cv-00235-RWS (N.D. Ga., Nov. 3, 2021).
The nature of suit is stated as Other Fraud.
FCA US LLC -- http://www.fcausllc.com/-- designs, engineers,
manufactures, and sells vehicles.[BN]
The Plaintiffs are represented by:
Aaron Marcus Kappler, Esq.
THOMPSON O'BRIEN KEMP & NASUTI, P.C.
2 Sun Court, Suite 400
Peachtree Corners, GA 30092
Phone: (770) 925-0111
Email: akappler@tokn.com
FIRSTENERGY CORP: Consolidated Putative Class Suit Underway in Ohio
-------------------------------------------------------------------
FirstEnergy Corp. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on October 28, 2021, for the
quarterly period ended September 30, 2021, that the company
continues to defend a consolidated class action suit in the Federal
District Court, Southern District of Ohio.
Owens v. FirstEnergy Corp. et al. and Frand v. FirstEnergy Corp. et
al. (Federal District Court, S.D. Ohio); on July 28, 2020 and
August 21, 2020, purported stockholders of the company (FE) filed
putative class action lawsuits alleging violations of the federal
securities laws.
Those actions have been consolidated and a lead plaintiff, the Los
Angeles County Employees Retirement Association, has been appointed
by the court.
A consolidated complaint was filed on February 26, 2021.
The consolidated complaint alleges, on behalf of a proposed class
of persons who purchased FE securities between February 21, 2017
and July 21, 2020, that FE and certain current or former FE
officers violated Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 by issuing misrepresentations or omissions
concerning FE's business and results of operations.
The consolidated complaint also alleges that FE, certain current or
former FE officers and directors, and a group of underwriters
violated Sections 11, 12(a)(2) and 15 of the Securities Act of 1933
as a result of alleged misrepresentations or omissions in
connection with offerings of senior notes by FE in February and
June 2020.
FirstEnergy Corp. operates as a public utility holding company. The
Company, through its subsidiaries, generates, transmits, and
distributes electricity, as well as offers exploration, production,
and distribution of natural gas. FirstEnergy provides energy
management and other energy-related services. The company is based
in Akron, Ohio.
FIRSTENERGY CORP: Discovery in Emmons Putative Class Suit Ongoing
-----------------------------------------------------------------
FirstEnergy Corp. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on October 28, 2021, for the
quarterly period ended September 30, 2021, that discovery is
ongoing in the putative class action suit entitled, Emmons v.
FirstEnergy Corp. et al. (Common Pleas Court, Cuyahoga County,
OH).
Emmons v. FirstEnergy Corp. et al. (Common Pleas Court, Cuyahoga
County, OH); on August 4, 2020, a purported customer of FirstEnergy
filed a putative class action lawsuit against the company (FE),
FirstEnergy Service Company (FESC), Ohio Edison Company (OE), The
Toledo Edison Company (TE) and The Cleveland Electric Illuminating
Company (CEI), along with Energy Harbor LLC. (FES), alleging
several causes of action, including negligence and/or gross
negligence, breach of contract, unjust enrichment, and unfair or
deceptive consumer acts or practices.
On October 1, 2020, plaintiffs filed a First Amended Complaint,
adding as a plaintiff a purported customer of FirstEnergy and
alleging a civil violation of the Ohio Corrupt Activity Act and
civil conspiracy against FE, FESC and FES.
On May 4, 2021, the court granted the defendants' motion to dismiss
plaintiffs' breach of contract claims and denied the remainder of
the motions to dismiss.
The defendants submitted answers to the complaint on June 1, 2021.
Discovery is proceeding.
FirstEnergy Corp. operates as a public utility holding company. The
Company, through its subsidiaries, generates, transmits, and
distributes electricity, as well as offers exploration, production,
and distribution of natural gas. FirstEnergy provides energy
management and other energy-related services. The company is based
in Akron, Ohio.
FIRSTENERGY CORP: Discovery Ongoing in Ohio Consolidated Class Suit
-------------------------------------------------------------------
FirstEnergy Corp. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on October 28, 2021, for the
quarterly period ended September 30, 2021, that discovery is
ongoing in the consolidated class action suit currently pending in
the Southern District of Ohio.
Smith v. FirstEnergy Corp. et al., Buldas v. FirstEnergy Corp. et
al., and Hudock and Cameo Countertops, Inc. v. FirstEnergy Corp. et
al. (Federal District Court, S.D. Ohio); on July 27, 2020, July 31,
2020, and August 5, 2020, respectively, purported customers of
FirstEnergy filed putative class action lawsuits against the
company (FE) and FirstEnergy Service Company (FESC), as well as
certain current and former FirstEnergy officers, alleging civil
Racketeer Influenced and Corrupt Organizations Act violations and
related state law claims.
These actions have been consolidated, and the court denied
FirstEnergy's motions to dismiss and stay discovery on February 10
and 11, 2021, respectively. The defendants submitted answers to the
complaint on March 10, 2021.
A motion for leave to amend the complaint and add FirstEnergy
Solutions Corp. (FES now Energy Harbor LLC) as a defendant was
filed on September 27, 2021 and remains pending.
Discovery is proceeding.
FirstEnergy Corp. operates as a public utility holding company. The
Company, through its subsidiaries, generates, transmits, and
distributes electricity, as well as offers exploration, production,
and distribution of natural gas. FirstEnergy provides energy
management and other energy related services. The company is based
in Akron, Ohio.
HEARTLAND FRAGRANCE: Estevez Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Heartland Fragrance
Co., LLC. The case is styled as Arturo Estevez, individually and on
behalf of all others similarly situated v. Heartland Fragrance Co.,
LLC, Case No. 1:21-cv-09055 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Heartland Fragrance -- https://heartlandfragrance.com/ --
manufactures high quality bath products including handmade soaps,
Epsom salts, hand sanitizer and more.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
HOEGH LNG: Roizman Sues Over Exchange Act Violations
----------------------------------------------------
Arthur F. Roizman, individually and on behalf of all others
similarly situated v. HOEGH LNG PARTNERS LP, SVEINUNG J. S. STOHLE,
HAVARD FURU, and STEFFEN FOREID, Case No. 1:21-cv-19613 (D.N.J.,
Nov. 3, 2021), is brought on behalf of persons or entities who
purchased or otherwise acquired publicly traded Partnership
securities between April 3, 2020 and July 27, 2021, inclusive,
seeking to recover compensable damages caused by the Defendants'
violations of the federal securities laws under the Securities
Exchange Act of 1934, as a result of Defendants' wrongful acts and
omissions by making false and/or misleading statements, and the
precipitous decline in the market value of the Company's
securities.
On July 27, 2021, Hoegh LNG Partners LP, issued a press release
which announced that: (i) the Partnership had reduced its quarterly
cash distribution to $0.01 per common unit, down from a
distribution of $0.44 per common unit in the first quarter of 2021;
(ii) the refinancing of the PGN FSRU Lampung credit facility, which
had been scheduled to close by the end of the second quarter of
2021, was not yet completed due to the failure by the charterer of
the PGN FSRU Lampung to consent to and countersign certain
customary documents related to the new credit facility; (iii) the
PGN FSRU Lampung charterer stated that it will commence arbitration
to declare the charter null and void, and/or to terminate the
charter, and/or seek damages in relation to the operations of the
vessel and its charter; (iv) the revolving credit line of $85
million from Hoegh LNG will not be extended when it matures on
January 1, 2023; and (v) Hoegh LNG will have very limited capacity
to extend any additional advances to the Partnership beyond what is
currently drawn under the facility. On this news, the Partnership's
common unit price fell $11.57 per common unit, or 64%, to close at
$6.30 per common unit on July 28, 2021, on unusually heavy trading
volume, damaging investors.
The Defendants made statements that were materially false and/or
misleading because they misrepresented and failed to disclose the
following adverse facts pertaining to the Company's business,
operations and prospects, which were known to Defendants or
recklessly disregarded by them. Specifically, the Defendants made
false and/or misleading statements and/or failed to disclose that:
(1) the Partnership was facing issues with the PGN FSRU Lampung
charter; (2) as a result, the PGN FSRU Lampung charterer would
state that it would commence arbitration to declare the charter
null and void, and/or to terminate the charter, and/or seek
damages; (3) the Partnership would need to find alternative
refinancing for its PGN FSRU Lampung credit facility; (4) the PGN
FSRU Lampung credit facility matured in September 2021, not October
2021 as previously stated; (5) the
Partnership would be forced to accept less favorable refinancing
terms with regards to the PGN FSRU Lampung credit facility; (6)
Hoegh LNG would not extend the revolving credit line to the
Partnership past its maturation date; (7) Hoegh LNG would reveal
that it "will have very limited capacity to extend any additional
advances to the Partnership beyond what is currently drawn under
the facility"; (8) as a result of the foregoing, the Partnership
would essentially end distributions to common units holders; (9)
the COVID-19 pandemic was not the sole or root cause of the
Partnership's issues in Indonesia, in 2019, before the pandemic,
there were already a very low amount of demand in Indonesia for the
Partnership's gas; (10) the auditing, tax, nor maintenance of PGN
FSRU Lampung were not the sole or root cause(s) of the
Partnership's issues in Indonesia; and (11) as a result,
Defendants' statements about its business, operations, and
prospects, were materially false and misleading and/or lacked a
reasonable basis at all relevant times.
On July 27, 2021, the Partnership issued a press release entitled
"Hoegh LNG Partners LP Declares Distributions and Announces
Reduction in Quarterly Cash Distributions to Common Units." On this
news, the Partnership's common unit price fell $11.57 per common
unit, or 64%, to close at $6.30 per common unit on July 28, 2021,
on unusually heavy trading volume, damaging investors. As a result
of Defendants' wrongful acts and omissions, and the precipitous
decline in the market value of the Company's securities, Plaintiff
and other Class members have suffered significant losses and
damages, says the complaint.
The Plaintiff purchased Partnership securities during the Class
Period.
Hoegh LNG is an LNG infrastructure company offering LNG
transportation services, LNG regasification, terminal solutions and
in-house ship management services.[BN]
The Plaintiff is represented by:
Thomas H. Przybylowski, Esq.
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue
New York, NY 10016
Phone: (212) 661-1100
Facsimile: (212) 661-8665
Email: tprzybylowski@pomlaw.com
jalieberman@pomlaw.com
ahood@pomlaw.com
HOFFMAN MEDIA: Estevez Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Hoffman Media, LLC.
The case is styled as Arturo Estevez, individually and on behalf of
all others similarly situated v. Hoffman Media, LLC, Case No.
1:21-cv-09089 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Hoffman Media, LLC (HM) -- https://www.hoffmanmedia.com/ -- is a
privately held, leading special-interest publisher based in
Birmingham, Alabama.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
HUF WORLDWIDE: Contreras Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against HUF Worldwide, LLC.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. HUF Worldwide, LLC, Case No.
1:21-cv-09107 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
HUF Worldwide, LLC -- https://hufworldwide.com/ -- manufactures and
markets apparel and footwear.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
HYDRAPAK LLC: Contreras Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against HydraPak LLC. The
case is styled as Yensy Contreras, individually and on behalf of
all others similarly situated v. HydraPak LLC, Case No.
1:21-cv-09062-PAE-GWG (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Hydrapak -- https://hydrapak.com/ -- is committed to pushing the
limits of design and materials to create the easiest-to-use, most
functional hydration systems.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
KONINKLIJKE PHILIPS: Algofi Suit Transferred to W.D. Pennsylvania
-----------------------------------------------------------------
The case styled as Sebe Algofi, Brian Caswell, Eliza Reid, Manuel
Mendoza, Jacqulyn McGlynn, Terica Jerome, Elliot Feldbau, Amy
Malcolm, Chinedu Ekweozoh, Denise Lint, Carolyn Clawson, on behalf
of themselves and all others similarly situated v. Koninklijke
Philips N.V., Philips North America LLC, Philips RS North America
LLC, Case No. MDL No. 3014 was transferred from the United States
District Court for the District of Massachusetts to the United
States District Court for the Western District of Pennsylvania on
Oct. 21, 2021.
The District Court Clerk assigned Case No. 2:21-cv-01477-JFC to the
proceeding.
The nature of suit is stated as Contract Product Liability.
Koninklijke Philips N.V. -- https://www.philips.com/global -- is a
Dutch multinational conglomerate corporation that was founded in
Eindhoven.[BN]
The Plaintiffs are represented by:
Jason M. Leviton, Esq.
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
Phone: (617) 398-5600
Fax: (617) 507-6020
Email: jason@blockesq.com
The Defendants are represented by:
Daniel S. Savrin, Esq.
Emma D. Hall, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Federal Street
Boston, MA 02110
Phone: (617) 951-8674
Email: daniel.savrin@morganlewis.com
emma.hall@morganlewis.com
KONINKLIJKE PHILIPS: Cormier Files Suit in W.D. Pennsylvania
------------------------------------------------------------
A class action lawsuit has been filed against Koninklijke Philips
N.V., et al. The case is styled as James A. Cormier, individually
and on behalf of himself and all others similarly situated v.
Koninklijke Philips N.V., Philips North America LLC, Philips RS
North America LLC, Case No. 2:21-cv-01569-JFC (W.D. Pa., Nov. 2,
2021).
The nature of suit is stated as Contract Product Liability.
Koninklijke Philips N.V. -- https://www.philips.com/global -- is a
Dutch multinational conglomerate corporation that was founded in
Eindhoven.[BN]
The Plaintiff is represented by:
Arnold Levin, Esq.
LEVIN SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Phone: (215) 592-1500
Fax: (215) 592-4663
Email: alevin@lfsblaw.com
KONINKLIJKE PHILIPS: Walker Suit Transferred to W.D. Pennsylvania
-----------------------------------------------------------------
The case styled as Michael Walker, on behalf of himself and all
others similarly situated v. Koninklijke Philips N.V., Philips
North America LLC, Philips RS North America LLC, Case No.
2:21-cv-01472 was transferred from the United States District Court
for the Eastern District of Louisiana, to the United States
District Court for the Western District of Pennsylvania on Oct. 21,
2021.
The District Court Clerk assigned Case No. 2:21-cv-01454-JFC to the
proceeding.
The nature of suit is stated as Prop. Damage Prod. Liability for
Magnuson-Moss Warranty Act.
Koninklijke Philips N.V. -- https://www.philips.com/global -- is a
Dutch multinational conglomerate corporation that was founded in
Eindhoven.[BN]
The Plaintiffs are represented by:
Ron Anthony Austin, Esq.
Catherine Hilton, Esq.
RON AUSTIN LAW
400 Manhattan Blvd
Harvey, LA 70058
Phone: (504) 227-8100
Fax: (504) 227-8122
Email: raustin@ronaustinlaw.com
chilton@ronaustinlaw.com
The Defendants are represented by:
Guy D. Perrier, Esq.
Ralph Gerard Breaux, Esq.
PERRIER & LACOSTE, L.L.C.
365 Canal Street, Suite 2550
New Orleans, LA 70130
Phone: (504) 212-8832
Fax: (504) 212-7285
Email: gperrier@perrierlacoste.com
rbreaux@perrierlacoste.com
L'OREAL USA: Estevez Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against L'Oreal USA, Inc. The
case is styled as Arturo Estevez, individually and on behalf of all
others similarly situated v. L'Oreal USA, Inc., Case No.
1:21-cv-09059 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
L'Oreal USA, Inc. -- https://www.loreal.com/en/usa/ -- manufactures
and markets cosmetic products.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
LIBERTY HEALTHSHARE: Glasgow Sues Over Illegal Health Insurance
---------------------------------------------------------------
Rochelle Glasgow, William Rooker, Donna Landry and Bonnie Martin,
and STATE OF OHIO, ex rel. DAVE YOST, ATTORNEY GENERAL OF OHIO v.
LIBERTY HEALTHSHARE, INC., DANIEL J. BEERS, RONALD BEERS, DANIEL
BEERS, JR., BENJAMIN "BENNIE" BEERS, RACHEL BEERS, DRUZILLA J. ABEL
("DRUDY"), PAMELA K. JOHNSON, THOMAS FABRIS, BRANDON FABRIS,
DOUGLAS D. BEHRENS, DALE E. BELLIS, MATT BELLIS, Case No.
5:21-cv-02001-JRA (N.D. Ohio, Oct. 21, 2021), is brought seeking to
remedy the Defendants' misconduct of hatching a brazenly
reprehensible scheme to sell and administer illegal health
insurance to the Plaintiffs.
Liberty HealthShare, Inc. and the affiliated entities and
individuals named as Co-Defendants herein stand alone in a way no
nonprofit organization in Ohio ever should: by hatching a brazenly
reprehensible scheme to sell and administer illegal health
insurance to Plaintiffs and thousands of other individuals across
the country under the guise of bona fide, faith-based healthcare
sharing ministry ("HCSM") plans exempt from governmental oversight
and income taxation. These plans promise to deliver all the
benefits of traditional health insurance at a fraction of the
cost.
In the face of skyrocketing health insurance costs, more Americans
looked to HCSMs as an alternative to traditional health insurance
plans. HCSM membership in general has grown from a mere 200,000
individuals ten years ago to over 1,000,000 enrolled members today.
While HCSMs purport to be anything other than health insurance
plans, many, including Liberty, appear to look and operate as much
like health insurance as possible.
Despite HCSMs having all the trappings of health insurance in
appearance and in function, there are some very important
differences, primarily being that HCSMs do not have to abide by
laws governing insurance products. This means that there is nothing
to stop HCSMs from denying coverage based on pre-existing
conditions and treatment for conditions considered essential under
the Affordable Healthcare Act ("ACA"). Furthermore, HCSMs can deny
coverage for nearly anything based on "morality."
The Plaintiffs allege that, through this scheme, they and the other
Class Members were charged significant monthly insurance premiums,
but that Liberty, in violation of federal and state law, refused to
pay for what should have otherwise been covered medical procedures
and bills, thereby reaping massive profits at Plaintiffs' and the
other Class Members' expense, says the complaint.
The Plaintiffs are Liberty members.
Liberty HealthShare, Inc. (formerly the Mindala Family Foundation)
is an Ohio registered trademark of Gospel Light Mennonite Church
Medical Aid Plan, Inc., a Virginia non-profit corporation with its
principal place of business in Ohio.[BN]
The Plaintiffs are represented by:
George W. Cochran, Esq.
LAW OFFICE OF GEORGE W. COCHRAN
1981 Crossfield Circle
Kent, OH 44240
Phone: (330) 607-2187
Facsimile: (330) 230-6136
Email: lawchrist@gmail.com
- and -
Michael I. Fistel, Jr., Esq.
William W. Stone, Esq.
Oliver S. Tum Suden, Esq.
JOHNSON FISTEL, LLP
40 Powder Springs Street
Marietta, GA 30064
Phone: (470) 632-6000
Facsimile: (770) 200-3101
Email: MichaelF@johnsonfistel.com
WilliamS@johnsonfistel.com
OliverT@johnsonfistel.com
- and -
Chase M. Stern, Esq.
JOHNSON FISTEL, LLP
655 West Broadway. Suite 1400
San Diego, CA 92101
Phone: 619.230.0063
Facsimile: 619.255.1856
Email: chaseS@johnsonfistel.com
LIVERAMP HOLDINGS: Chen Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against LiveRamp Holdings,
Inc. The case is styled as Shulin Chen, individually and on behalf
of all others similarly situated and as proxy of the State of
California on behalf of aggrieved employees v. LiveRamp Holdings,
Inc., Case No. CGC21595838 (Cal. Super. Ct., San Francisco Cty.,
Nov. 3, 2021).
The case type is stated as "Other Non-Exempt Complaints."
LiveRamp Holdings, Inc. -- https://liveramp.com/ -- formerly known
as Acxiom Corporation, is a San Francisco, California-based SaaS
company that offers a data connectivity platform whose services
include data onboarding, the transfer of offline data online for
marketing purposes.[BN]
The Plaintiff is represented by:
Joshua G. Konecky, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Phone: 415-421-7100 x315
Fax: 415-421-7105
Email: jkonecky@schneiderwallace.com
MALNATI ORGANIZATION: Rodriguez Files ADA Suit in E.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against The Malnati
Organization, LLC. The case is styled as Angel Rodriguez,
individually and as the representative of a class of similarly
situated persons v. The Malnati Organization, LLC, doing business
as: Tastes of Chicago, Case No. 1:21-cv-06128 (E.D.N.Y., Nov. 3,
2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Malnati Organization, LLC, doing business as Tastes of Chicago
-- https://www.tastesofchicago.com/ -- ships food from Famous
Chicago Restaurants, Chicago Food gifts, and more.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
MALWAREBYTES INC: Contreras Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Malwarebytes Inc. The
case is styled as Yensy Contreras, individually and on behalf of
all others similarly situated v. Malwarebytes Inc., Case No.
1:21-cv-09092 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Malwarebytes -- https://www.malwarebytes.com/ -- protects your home
devices and your business endpoints against malware, ransomware,
malicious websites, and other advanced online threats.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
MAXIM GROUP: Estevez Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Maxim Group LLC. The
case is styled as Arturo Estevez, on behalf of himself and all
other persons similarly situated v. Maxim Group LLC, Case No.
1:21-cv-09072 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Maxim Group LLC -- https://www.maximgrp.com/ -- is a leading
full-service investment bank, securities and wealth management firm
headquartered in New York.[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
MEREDITH CORP: Hetzel Sues Over Unlawful Use of Customers' Personas
-------------------------------------------------------------------
Adele Hetzel, individually and on behalf of all others similarly
situated v. MEREDITH CORPORATION, Case No. 4:21-cv-00341-CRW-HCA
(S.D. Iowa, Nov. 3, 2021), is brought against the Defendant for its
nonconsensual and plainly unlawful use of its customers' personas
in violation of the Ohio's Right of Publicity Law.
The Defendant knowingly used Plaintiff's and the other Class
members' names on subscriber mailing lists that it sold on the open
market, to any member of the public willing to pay for them,
including data miners, data aggregators, data appenders, data
cooperatives, list brokers, aggressive marketing companies, and
various other parties. The lists Meredith publicly sold identified
by name, address, and other personal attributes Plaintiff and every
other Ohio subscriber to its magazine publications (including
Better Homes & Gardens magazine to which Plaintiff subscribed).
Meredith's public use of Plaintiff's persona on the mailing lists
that it sold and continues to sell (including in connection with
the Better Homes & Gardens magazine subscription previously sold to
Plaintiff) directly violated the ORPL, says the complaint.
The Plaintiff subscribed to Meredith's Better Homes & Gardens
magazine while residing in, a citizen of, and present in Ohio.
Meredith is the publisher of, among others, the magazines Better
Homes and Gardens, Living the Country Life, Entertainment Weekly,
Food & Wine, Health, Midwest Living, People, Parents, Real Simple,
Shape, Southern Living, Travel + Leisure, Wood, FamilyFun, Rachel
Ray in Season, and InStyle.[BN]
The Plaintiff is represented by:
J. Barton Goplerud, Esq.
Gary W. Kendell, Esq.
SHINDLER, ANDERSON, GOPLERUD & WEESE, P.C.
5015 Grand Ridge Drive
West Des Moines, IA 50265
Phone: (515) 223-4567
Fax: (515) 223-8887
Email: goplerud@sagwlaw.com
kendell@sagwlaw.com
- and -
Arun G. Ravindran, Esq.
Frank S. Hedin, Esq.
HEDIN HALL LLP
1395 Brickell Avenue, Suite 1140
Miami, FL 33131
Phone: (305) 357-2107
Fax: (305) 200-8801
Email: aravindran@hedinhall.com
fhedin@hedinhall.com
MIDLAND CREDIT: Antushevich Files FDCPA Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc. The case is styled as Irina Antushevich,
individually and on behalf of all others similarly situated v.
Midland Credit Management, Inc., Case No. 1:21-cv-06109 (E.D.N.Y.,
Nov. 2, 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:
Uri Horowitz, Esq.
HOROWITZ LAW, PLLC
14441 70th Road
Flushing, NY 11367
Phone: (718) 705-8706
Fax: (718) 705-8705
Email: uri@horowitzlawpllc.com
MISSOURI RIVER: Contreras Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Missouri River Soap
LLC. The case is styled as Yensy Contreras, individually and on
behalf of all others similarly situated v. Missouri River Soap LLC,
Case No. 1:21-cv-09088 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Missouri River Soap -- https://moriversoap.com/ -- offers unique or
custom, handmade pieces from our bar soaps shops.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
MOONBUG ENTERTAINMENT: Estevez Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Moonbug Entertainment
USA Inc. The case is styled as Arturo Estevez, individually and on
behalf of all others similarly situated v. Moonbug Entertainment
USA Inc., Case No. 1:21-cv-09010 (S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Moonbug -- https://www.moonbug.com/ -- is a global entertainment
company that creates and distributes inspiring and engaging stories
to expand kids' worlds and minds.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
NATURE'S ANSWER: Contreras Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Nature's Answer, Inc.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. Nature's Answer, Inc., Case No.
1:21-cv-09060 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Natures Answer -- https://www.naturesanswer.com/ -- is a family
owned and operated natural supplement company based out of the
United States.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
NAVISTAR INC: Hough Sues Over Comprised Personal Information
------------------------------------------------------------
Mary Hough, individually and on behalf of all others similarly
situated v. NAVISTAR, INC., Case No. 2021L001161 (Ill. 18th
Judicial Cir. Ct., DuPage Cty., Nov. 3, 2021), arises out of the
recent targeted cyber-attack against the Defendant that allowed a
third party to access the Defendant's computer systems and data,
resulting in the compromise of highly sensitive personal
information belonging to tens of thousands of current and former
employees and their family members.
As a result of the Cyber-Attack, Plaintiff and Class Members
suffered ascertainable injury and damages in the form of the
substantial and present risk of fraud and identity theft from their
unlawfully accessed and compromised private and confidential
information (including Social Security numbers), lost value of
their private and confidential information, out-of-pocket expenses
and the value of their time reasonably incurred to remedy or
mitigate the effects of the attack. Plaintiff's and Class Members'
sensitive personal information--which was entrusted to Defendant,
their officials and agents--was compromised, unlawfully accessed,
and stolen due to the Cyber-Attack. Information compromised in the
Cyber-Attack includes the following: full name, date of birth,
Social Security number and medical information.
The Defendant maintained the Private Information in a reckless
manner. In particular, the Private Information was maintained on
the Defendant Navistar's computer network in a condition vulnerable
to cyber-attacks of this type. The mechanism of the Cyber-Attack
and potential for improper disclosure of the Plaintiff's and Class
Members' Private Information was a known and foreseeable risk to
the Defendant, and the Defendant was on notice that failing to take
steps necessary to secure the Private Information from those risks
left that property in a dangerous condition.
In addition, the Defendant and its employees failed to properly
monitor the computer network and systems that housed the Private
Information. The Cyber-Attack occurred prior to May 20, 2021, and
was discovered on May 31, 2021. Had Defendant properly monitored
their property, they would have discovered the intrusion sooner.
The Plaintiff's and Class Members' identities are now at risk
because of the Defendant's negligent conduct since the Private
Information that Defendant collected and maintained is now in the
hands of data thieves, says the complaint.
The Plaintiff Hough was employed by Navistar as a Director of
Security from April 2021 to March 2020.
Navistar is the parent company of International brand commercial
trucks and engines, IC Bus brand school and commercial buses,
OnCommand Connection advanced connectivity services, aftermarket
parts brands Fleetrite, ReNEWed and Diamond Advantage and Brazilian
manufacturer of engines and gensets MWM Motores Diesel e
Geradores.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MASON LIETZ & KLINGER LLP
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (202) 429-2290
Fax: (202) 429-2294
Email: gklinger@masonllp.com
- and -
Gary E. Mason, Esq.
David K. Lietz, Esq.
MASON LIETZ & KLINGER LLP
5101 Wisconsin Avenue NW, Suite 305
Washington, DC 20016
Phone: (202) 429-2290
Fax: (202) 429-2294
Email: dlietz@masonllp.com
gmason@masonllp.com
NEW EARTH: Contreras Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against New Earth Beauty,
Inc. The case is styled as Yensy Contreras, individually and on
behalf of all others similarly situated v. New Earth Beauty, Inc.,
Case No. 1:21-cv-09103 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
New Earth Beauty, Inc. doing business as AVEGAN Beauty is a health
and wellness company that creates advanced vegan science-based skin
care and dietary supplement products for the premium vegan and
"plant-curious" consumer.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
NOLEO CARE: Estevez Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Noleo Care Company,
Inc. The case is styled as Arturo Estevez, individually and on
behalf of all others similarly situated v. Noleo Care Company,
Inc., Case No. 1:21-cv-09026 (S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
NOLEO -- https://www.noleocare.com/ -- is a company that
manufactures organic skincare products using essential, natural,
and safe ingredients and is eco-friendly.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
NORTHWEST COMPUTER: Young Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Northwest Computer
Accessories, Inc. The case is styled as Lawrence Young, on behalf
of himself and all other persons similarly situated v. Northwest
Computer Accessories, Inc., Case No. 1:21-cv-09071 (S.D.N.Y., Nov.
3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Northwest Computer Accessories, Inc. -- https://www.nwca.com/ --
are a locally owned business that has been around since 1989
providing Computer Cables and PC components to resellers and end
users.[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
NORTONLIFELOCK INC: Contreras Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Nortonlifelock Inc.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. Nortonlifelock Inc., Case No.
1:21-cv-09105 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
NortonLifeLock Inc., formerly known as Symantec Corporation is an
American software company headquartered in Tempe, Arizona, United
States.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
OUACHITA UNIVERSITY: Estevez Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Ouachita Baptist
University. The case is styled as Arturo Estevez, on behalf of
himself and all other persons similarly situated v. Ouachita
Baptist University, Case No. 1:21-cv-09074 (S.D.N.Y., Nov. 3,
2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Ouachita Baptist University -- https://obu.edu/ -- is a private,
Baptist university in Arkadelphia, Arkansas.[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
PHARMAVITE LLC: Contreras Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Pharmavite LLC. The
case is styled as Yensy Contreras, individually and on behalf of
all others similarly situated v. Pharmavite LLC, Case No.
1:21-cv-09065 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Pharmavite -- https://www.pharmavite.com/ -- is an American dietary
supplements company that was founded in 1971 by California
pharmacist, Barry Pressman, and that was acquired by Otsuka
Pharmaceutical in 1989.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
PK HEALTHCARE: Lopez Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against PK Healthcare
Services, Inc. The case is styled as Serio Lopez, an individual, on
behalf of all himself and all others similarly situated v. PK
Healthcare Services, Inc. d/b/a Onsite Wellness, a California
Corporation, Case No. 21STCV40523 (Cal. Super. Ct., Los Angeles
Cty., Nov. 3, 2021).
The case type is stated as "Other Employment Complaint Case."
PK Healthcare Services, Inc. doing business as Onsite Wellness --
https://onsitewellness.com/ -- provides customized, cost effective
employee health screening and vaccination clinics that help keep
employees healthy, engaged and motivated.[BN]
The Plaintiff is represented by:
Jonathan Melmed, Esq.
MELMED LAW GROUP P.C.
1801 Century Park E., Ste. 850
Los Angeles, CA 90067-2346
Phone: 310-824-3828
Fax: 310-862-6851
Email: jm@melmedlaw.com
PLAYA BOWLS: Contreras Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Playa Bowls, LLC. The
case is styled as Yensy Contreras, individually and on behalf of
all others similarly situated v. Playa Bowls, LLC, Case No.
1:21-cv-09099 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Playa Bowls -- https://www.playabowls.com/ -- is an acai shop that
serves healthy fruit bowls, smoothies, juices, oatmeal, soup, and
coffee.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
POCKETWATCH INC: Estevez Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Pocketwatch, Inc. The
case is styled as Arturo Estevez, individually and on behalf of all
others similarly situated v. Pocketwatch, Inc., Case No.
1:21-cv-09009 (S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
PocketWatch, Inc. -- https://pocket.watch/ -- is a digital media
studio that specializes in extending kids and family YouTube stars
and characters into global franchises.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
POOPYS INC: Contreras Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Poopys Inc. The case
is styled as Yensy Contreras, individually and on behalf of all
others similarly situated v. Poopys Inc., Case No. 1:21-cv-09108
(S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Poopys Inc. -- http://poopys.com/-- is a spacious, biker-friendly
tavern offering American grub, a seasonal patio, live bands & a
gift shop.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
POTTERY POTS: Contreras Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Pottery Pots USA Inc.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. Pottery Pots USA Inc., Case No.
1:21-cv-09098 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Pottery Pots -- https://www.potterypots.com/ -- is an international
wholesaler of flower pots, planters and related products.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
PRINCIPAL FINANCIAL: Rozo Appeals 8th Circuit Ruling
-----------------------------------------------------
Principal Financial Group, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on October 28, 2021,
for the quarterly period ended September 30, 2021, that the appeal
in the class action suit initiated by Frederick Rozo, is pending.
On November 12, 2014, Frederick Rozo filed a class action lawsuit
in the United States District Court for the Southern District of
Iowa against Principal Life Insurance Company and the company.
The company was later dismissed as a defendant.
The Plaintiff alleged that defendants breached fiduciary duties and
engaged in prohibited transactions under The Employee Retirement
Income Security Act of 1974 (ERISA) in connection with a general
account guaranteed product known as the Principal Fixed Income
Option ("PFIO").
On May 12, 2017, the district court certified a nationwide class of
participants and beneficiaries who had funds invested in one of the
PFIO contracts.
On September 25, 2018, the district court granted Principal Life's
motion for summary judgment.
On February 3, 2020, the Eighth Circuit Court of Appeals reversed
that ruling and remanded the case back to the district court.
A bench trial was held before the district court November 3-10,
2020.
The court issued its ruling on April 8, 2021, and found in favor of
Principal Life on all claims.
The Plaintiff has appealed this ruling to the Eighth Circuit Court
of Appeals.
Principal Financial said, "Principal Life will continue to
aggressively defend the case."
Principal Financial Group, Inc., is a global investment management
company offering retirement services, insurance solutions and asset
management. The company is based in Des Moines, Iowa.
REPUBLIC UNDERWRITERS: Garcia Suit Removed to D. New Mexico
-----------------------------------------------------------
The case styled as Yvonne Garcia, individually and on behalf of
other similarly situated individuals v. Republic Underwriters
Insurance Company, Case No. 20cv7018 was removed from the Second
Judicial District Court to the United States District Court for the
District of New Mexico on Oct. 21, 2021.
The District Court Clerk assigned Case No. 1:21-cv-01023-LF-JHR to
the proceeding.
The nature of suit is stated as Insurance for Insurance Contract.
Republic Underwriters Insurance Co operates as a property &
casualty insurance firm.[BN]
The Plaintiff is represented by:
Corbin Hildebrandt, Esq.
CORBIN HILDENRAMDT, P.C.
1400 Central Ave. S.E.
Sycamore Square, Suite 2000
Albuquerque, NM 87106
Phone: (505) 998-6626
Fax: (505) 998-6628
Email: corbin@hildebrandtlawnm.com
- and -
Kedar Bhasker, Esq.
LAW OFFICE OF KEDAR BHASKER, LLC
1400 Central Avenue SE, Suite 2000
Albuquerque, NM 87106
Phone: (505) 720-2113
Fax: (505) 998-6628
Email: kedar@bhaskerlaw.com
- and -
Rebekah Staggs Wright, Esq.
HARVEY & FOOTE LAW FIRM
201 Broadway SE
Albuquerque, NM 87102
Phone: (505) 254-0000
Fax: (505) 254-1111
Email: rebekah@harveyfirm.com
The Defendants are represented by:
Brian P. Brack, Esq.
DIXON SCHOLL CARRILLO PA
P.O. Box 94147
6700 Jefferson St NE Bldg B, Suite 1
Albuquerque, NM 87199
Phone: (505) 244-3890
Fax: (505) 244-3889
Email: bbrack@raylaw.com
- and -
Jeff Ray, Esq.
Jeffrey T. Lucky, Esq.
Jeramy Schmehl, Esq.
RAY MCCHRISTIAN & JEANS PC
5822 Cromo Dr
El Paso, TX 79912-3903
Phone: (915) 832-7200
Email: jray@rmjfirm.com
jlucky@rmjfirm.com
jschmehl@raylaw.com
- and -
Christopher J. Tebo, Esq.
RAY | PENA | MCCHRISTIAN, PC
6501 Americas Pkwy NE, Suite 820
Albuquerque, NM 87110
Phone: (505) 212-8020
Fax: (505) 212-0140
Email: ctebo@raylaw.com
REVOLVE GROUP: Estevez Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Revolve Group, Inc.
The case is styled as Arturo Estevez, individually and on behalf of
all others similarly situated v. Revolve Group, Inc., Case No.
1:21-cv-09052 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
REVOLVE -- https://www.revolve.com/ -- is home to the world's
most-coveted designer apparel, shoes & accessories from Lovers +
Friends, For Love & Lemons, NBD, Free People, Joie + more.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
ROM GROCERY: Herrera Files FLSA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Rom Grocery Corp., et
al. The case is styled as Hilario Herrera Herrera, and on behalf of
others similarly situated v. Rom Grocery Corp. doing business as:
Bagels & Schmear, Armando Huitzil, Case No. 1:21-cv-09031
(S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act for Denial of Overtime Compensation.
Rom Grocery Corp. doing business as Bagels & Schmear --
http://www.bagelsandschmear.com/-- opened its doors in 2000 in the
Flatiron District and serve a full line of bakery products and all
baking is done on premises.[BN]
The Plaintiff appears pro se.
ROOM & BOARD: Contreras Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Room & Board, Inc.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. Room & Board, Inc., Case No.
1:21-cv-09063 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Room & Board -- https://www.roomandboard.com/ -- is an American
modern furniture and home furnishings retailer based in
Minneapolis, Minnesota.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
ROOSTER TEETH: Estevez Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Rooster Teeth
Productions, LLC. The case is styled as Arturo Estevez,
individually and on behalf of all others similarly situated v.
Rooster Teeth Productions, LLC, Case No. 1:21-cv-09007 (S.D.N.Y.,
Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Rooster Teeth Productions, LLC -- https://roosterteeth.com/ -- is
an American video production company headquartered in Austin,
Texas.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
RUTHERFORD COUNTY, TN: Settlement Set to be Finalized on Dec. 3
---------------------------------------------------------------
Scott Broden, writing for Murfreesboro Daily News Journal, reports
that Rutherford County's juvenile justice system has struggled for
years to identify and utilize proper engagement with children,
according to scores of local, state and national leaders.
While the eyes of America are now following an $11 million class
action lawsuit against the county -- an estimated 1,400 minors are
eligible for the settlement -- the genesis of this dilemma dates
back nearly three decades, if not longer. The Daily News Journal
compiled a timeline that illustrates Rutherford County's path to
today's troubles.
Timeline for $11 million settlement
1990s: Rutherford County illegally arrested and incarcerated
thousands of children, starting in 1993 at the Juvenile Detention
Center on misdemeanor charges, according to plaintiffs in the class
action lawsuit. "Tennessee law strictly prohibits the pretrial
incarceration of children" unless the youth are "being charged with
a violent felony, a weapons offense or a probation violation,"
stated the lawsuit filed in July 2017.
2000: Rutherford County Juvenile Court Judge Donna Scott Davenport
won election to a new seat. Previously, Rutherford County General
Sessions Court judges presided over juvenile cases.
2003: Davenport issued an order and memorandum that stated "upon
the arrest of any juvenile, the arresting officer shall transport
the child to the Rutherford County Juvenile Detention Facility."
2006: Davenport won re-election (unopposed) to an eight-year term.
2008: Lynn Duke, director of the Rutherford County Juvenile
Detention Center, established a "filter system" policy that
empowered center staff to decide whether "unruly" children should
be jailed if determined to be a "TRUE threat to themselves or the
community," according to a federal court ruling.
August 2014: Davenport won a second re-election (unopposed).
2014: The Rutherford County Juvenile Detention Center incarcerated
Kazmere Watts on a misdemeanor assault charge after a school fight
when he was a freshman at Oakland High. Although the incident
marked his first time facing disciplinary actions, Watts said later
he felt like authorities were questioning his character and the
character of his family.
Dec. 12, 2014: Judge Davenport, an adjunct professor at Middle
Tennessee State University, spoke at the university's fall
graduation ceremony.
October 2015: Lawsuit accused probation contractor PCC (Providence
Community Corrections) of extortion when people were sent to
Rutherford County jail for not paying fees that were unaffordable
for many.
November 2015: Chief U.S. District Judge Kevin H. Sharp called
Rutherford County probation practices "troubling."
December 2015: Judge Sharp ordered release of inmates jailed for
not paying probation fees to PCC.
March 2016: Video of elementary-school-aged children fighting off
campus in Murfreesboro is posted on YouTube. The nearly two-minute
video displayed a group of children following another child while
yelling, "Hit him!" and "beat him!" and "Get him!" The video showed
two children punching an unfazed, larger child who walked away,
while children continued to take swings at his back. The fight
occurred on several residential yards and a street. Many other
children were present, and the video recorded the voices and images
of part of the group, court records show.
April 2016: Murfreesboro Police Chief Karl Durr started job to
replace retired Chief Glenn Chrisman.
April 2016: Murfreesboro Police Department arrested 10 children,
including four at Hobgood Elementary, following an investigation of
the video. At least one of the children was handcuffed in front of
students and administrators before being transported to the
Rutherford County Juvenile Detention Center. Another child begged
for her mother, cried and threw up on the floor before MPD
transported her to the juvenile detention center, court records
show.
April 2016: More than 150 residents gathered for a community
meeting to discuss the arrests of children. Former Murfreesboro
Police Chief Karl Durr and former City Manager Rob Lyons attended
the meeting at First Baptist Church East Castle Street. Among the
upset residents was Zacchaeus Crawford, the father of three
children arrested. Two of his kids were not at the scene of the
fight in question, according to court records of the family's false
arrest lawsuit.
April 2016: Davenport ordered a 15-year-old boy with developmental
disabilities into solitary confinement.
April 2016: Karl Durr, the new MPD chief, promised to review
arrests of children at Hobgood Elementary and elsewhere.
April 2016: House Democratic Caucus Chairman Mike Stewart and Rep.
John Ray Clemmons called for an investigation of Hobgood Elementary
arrests.
April 2016: Federal judge ordered a 15-year-old boy with
developmental disabilities to be released from solitary confinement
at Rutherford County Juvenile Detention Center.
May 2016:Police chief met with Black pastors about arrests at
Hobgood Elementary.
May 2016:MPD Maj. Clyde Adkison, commander of administrative
services, was placed on administrative leave with pay while MPD
investigated arrests at Hobgood Elementary.
June 2016: Judge Davenport dismissed charges of the three arrested
Crawford children, as well as for others around that time,
including the daughter of a Martin family.
Nov. 2016: Miller Meadows, Tennessee Corrections Institute
Detention Facilities Specialist, examined Rutherford County Adult
Detention Center and noted how the "restraint chair logs and
suicide logs reflect that checks are not conducted within 15-minute
standard."
Nov 2016: Rutherford County Jail converted four of 12 new jailers
positions to booking officers to meet 15-minute check standard
mandated by the state.
Dec. 2016: State decertified Rutherford County jail.
Dec. 20, 2016: MPD released an internal investigation report to the
The Daily News Journal about the arrests of children. Document
stated six officers violated MPD policy: Maj. Clyde Adkison, Lt.
Steve Teeters, Sgt. Greg Walker, Sgt. Scott Newberg, School Safety
and Education Officer Crystal Templeton and Officer Mark Todd. The
supervisors were cited for failing to supervise Templeton in her
arrest plans or the situation in general. Templeton faced the most
severe discipline. The department reassigned Templeton from being a
school officer to the quartermasters office, suspended her three
days and placed her on six months of probation.
Feb. 2017: The Crawford family filed a lawsuit against MPD and the
juvenile detention center.
May 15, 2017: Nashville Chief U.S. District Court Judge Waverly D.
Crenshaw Jr. ruled that the Rutherford County Juvenile Detention
Center must stop illegally incarcerating children on minor
misdemeanor charges based on Davenport's 2003 order and memorandum.
"The juveniles that are arrested in Rutherford County are being
deprived of their procedural due process rights, which is
unquestionably irreparable harm," Crenshaw stated his ruling.
July 2017: Kazmere Watts joined other plaintiffs in a class-action
case against Rutherford County after being illegally jailed on a
2014 misdemeanor assault charge following a school fight.
Aug. 2017: The Crawford family reached a $86,500 settlement
agreement following arrests of three children at Hobgood
Elementary.
September 2017: Rutherford County and Providence Community
Corrections agreed to pay $14.3 million in extortion lawsuit.
Oct. 2017: The Martin family sued MPD officer Crystal Templeton
following the arrest of their daughter at Hobgood Elementary.
October 2017: MPD Chief Durr resigned.
Feb. 26, 2018: The Martin family reached an $80,000 settlement
agreement with Murfreesboro.
Jan. 2019: Rutherford County and state agree to pay $250,000 to the
family of a boy with developmental disabilities locked in solitary
confinement. County's share of settlement was $166,667 while
state's was $83,333, federal court records show.
June 2021: Plaintiffs in class action suit against Rutherford
County Juvenile Detention Center reached $11 million settlement
agreement.
July through Oct. 29 deadline in 2021: Attorneys representing
plaintiffs seek to spread the word about filing for a claim.
Oct. 10, 2021: Vincent Windrow, senior pastor at Olive Branch
Church in Murfreesboro, preached to his congregation about the
illegal incarceration of children. "I'm not talking about hardened
criminals; I'm not talking about mobsters or gangsters," said
Windrow, his voice amplifying in rage. "We are talking about
children. . . . Such a lack of humanity."
Oct. 12, 2021: MTSU President Sidney McPhee emailed faculty and
staff about the university cutting ties to Judge Davenport. Said
McPhee: "To the university community, adjunct instructor Judge
Donna Scott Davenport, whose actions overseeing Rutherford County
Juvenile Court have recently drawn attention in national media
reports, is no longer affiliated with the university."
Oct 29, 2021: The deadline for filing claims in the class-action
lawsuit.
Dec 3. 2021: Expected date for final settlement.
Reach reporter Scott Broden with news tips through email at
sbroden@dnj.com or phone at 615-278-5158. Follow him on Twitter
@ScottBroden.
How to file a claim
Learn more about the settlement by visiting the claims
administrator website: rutherfordjuvenilesettlement.com. Or contact
the Nashville law firm, Brazil Clark through phone at 615-730-8619
or or email at info@brazilclark.com. [GN]
S&P GLOBAL: Investor Class Suits Underway in Australia
------------------------------------------------------
S&P Global Inc. said in its Form 10-Q Report filed with the
Securities and Exchange Commission on October 26, 2021, for the
quarterly period ended September 30, 2021, that investor class
suits underway in Australia.
A class action lawsuit was filed in Australia on August 7, 2020,
against the Company and a subsidiary of the Company.
A separate lawsuit was filed against the Company and a subsidiary
of the Company in Australia on February 2, 2021, by two entities
within the Basis Capital investment group.
The lawsuits both relate to alleged investment losses in
collateralized debt obligations rated by the Company's Ratings unit
prior to the financial crisis.
"We can provide no assurance that we will not be obligated to pay
significant amounts in order to resolve these matters on terms
deemed acceptable," the Company said.
S&P Global Inc. provides transparent and independent ratings,
benchmarks, analytics and data to the capital and commodity markets
worldwide.
SCHWEITZER LINES: Contreras Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Schweitzer Linens,
Inc. The case is styled as Yensy Contreras, individually and on
behalf of all others similarly situated v. Schweitzer Linens, Inc.,
Case No. 1:21-cv-09067 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Schweitzer Linen -- https://schweitzerlinen.com/ -- has been
established as the premier supplier of high quality, luxury linens
in Manhattan, New York for over 45 years.[BN]
The Plaintiff appears pro se.
SHAMUS & PEABODY: Estevez Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Shamus & Peabody,
LLC. The case is styled as Arturo Estevez, individually and on
behalf of all others similarly situated v. Shamus & Peabody, LLC,
Case No. 1:21-cv-08999 (S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Shamus & Peabody, LLC is in the Confectionery business.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
SOLOMID CORPORATION: Estevez Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Solomid Corporation.
The case is styled as Arturo Estevez, individually and on behalf of
all others similarly situated v. Solomid Corporation, Case No.
1:21-cv-08942 (S.D.N.Y., Nov. 1, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
SoloMid Corporation is the owner of TSM -- https://tsm.gg/ -- an
esports gaming team.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
STEKLEN & WALKER: Contreras Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Steklen & Walker Co.,
Inc. The case is styled as Yensy Contreras, individually and on
behalf of all others similarly situated v. Steklen & Walker Co.,
Inc., Case No. 1:21-cv-09095 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Steklen & Walker Co., Inc., doing business as Wine Library --
https://winelibrary.com/ -- offers wine, spirits, and other
alcoholic beverage.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
T ROWE PRICE: Settlement Reached in 401(k) Plan Related Suit
------------------------------------------------------------
T. Rowe Price Group, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on October 28, 2021, for the
quarterly period ended September 30, 2021, that an agreement in
principle has been reached in the class action suit related to the
company's 401(k) Plan.
On February 14, 2017, T. Rowe Price Group, Inc., T. Rowe Price
Associates, Inc., T. Rowe Price Trust Company, current and former
members of the management committee, and trustees of the T. Rowe
Price U.S. Retirement Program were named as defendants in a lawsuit
filed in the United States District Court for the District of
Maryland.
The lawsuit alleges breaches of The Employee Retirement Income
Security Act of 1974's (ERISA's) fiduciary duty and prohibited
transaction provisions on behalf of a class of all participants and
beneficiaries of the T. Rowe Price 401(k) Plan from February 14,
2011, to the time of judgment.
The matter has been certified as a class action.
The parties have reached an agreement in principle for a
settlement, which will be presented to the court for approval.
The proposed settlement would not be material to T. Rowe Price
Group, Inc.
No further updates were provided in the Company's SEC report.
T. Rowe Price Group, Inc., incorporated on February 4, 2000, is a
financial services holding company. The Company provides global
investment management services through its subsidiaries to
investors across the world. The Company provides an array of
Company-sponsored mutual funds, other sponsored pooled investment
vehicles, sub-advisory services, separate account management,
record-keeping, and related services to individuals, advisors,
institutions, financial intermediaries and retirement plan
sponsors. The firm was previously known as T. Rowe Group, Inc. and
T. Rowe Price Associates, Inc. T. Rowe Price Group, Inc. was
founded in 1937 and is based in Baltimore, Maryland.
TD ASSOCIATES: Contreras Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against TD Associates, LLC.
The case is styled as Yensy Contreras, individually and on behalf
of all others similarly situated v. TD Associates, LLC, Case No.
1:21-cv-09096-VSB (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
TD Associates, LLC doing business as Tackle Direct --
https://www.tackledirect.com/ -- is a world premier fishing
outfitter.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
TDB COMMUNICATIONS: Ramos Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against TDB Communications,
Inc., et al. The case is styled as Irene Ramos, on behalf of all
others similarly situated v. TDB Communications, Inc., Gainwell
Technologies, LLC, Does 1-20, Case No. 34-2021-00310107-CU-OE-GDS
(Cal. Super. Ct., Sacramento Cty., Oct. 21, 2021).
The case type is stated as "Other Employment - Civil Unlimited."
TDB, a verified Service Disabled Veteran-Owned Small Business
(SDVOSB) -- https://www.tdbgov.com/ -- is a national workforce
solutions provider specializing in delivering project management,
consulting, records management and temporary staffing services to
Federal Government Agencies.[BN]
The Plaintiff is represented by:
Timothy B. Del Castillo, Esq.
CASTLE LAW: CA EMPLOYMENT COUNSEL, PC
2999 Douglas Blvd., Ste. 180
Roseville, CA 95661-4219
Phone: 916-245-0122
Email: tdc@castleemploymentlaw.com
TGINESIS LLC: Estevez Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against TGINESIS LLC. The
case is styled as Arturo Estevez, individually and on behalf of all
others similarly situated v. TGINESIS LLC, Case No. 1:21-cv-09021
(S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
TGINESIS LLC is in the Independent Artists, Writers, and Performers
industry.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
UNCONDITIONAL LOVE: Estevez Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Unconditional Love
Inc. The case is styled as Arturo Estevez, individually and on
behalf of all others similarly situated v. Unconditional Love Inc.,
Case No. 1:21-cv-09025-VEC (S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Unconditional Love -- https://unconditionalloveinc.org/ -- is a HIV
testing center in Melbourne, Florida.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
VIATRIS INC: Sued Over Scheme to Monopolize EpiPen Market
---------------------------------------------------------
April Sumner, individually and on behalf of all others similarly
situated v. Viatris Inc. (Successor-in-Interest to Mylan N.V.),
Mylan Specialty L.P., Mylan Pharmaceuticals, Inc., and Heather
Bresch, Case No. 1:21-cv-00270 (E.D. Tenn., Nov. 2, 2021), is
brought seeking to recover damages and overpayments from at least
2009 through the present, as well as injunctive relief under the
federal antitrust laws and various state consumer protection and
antitrust laws with regards to the Defendants' fraudulent scheme to
obtain and maintain a monopoly in the market for epinephrine
autoinjectors.
According to the complaint, of necessity, because there is no
meaningful competition in the market, the vast majority of American
children and adults with severe allergies turn to a simple, decades
old device to administer an epinephrine dose: the EpiPen
autoinjector. The EpiPen is manufactured by two subsidiaries of
Pfizer, Inc. (King Pharmaceuticals, Inc. and Meridian Medical
Technologies, Inc.) and sold in the United States by Defendant
Mylan, which states on its website that its mission is: "Do what's
right, not what's easy" and that "Integrity" is one of its
"Values." It also states: "Doing what's right is sacred to us. We
behave responsibly, even when nobody's looking."
Since at least 2009, however, Defendants have done the opposite of
"what's right." Instead, Defendants devised an illegal scheme to
monopolize the market for epinephrine auto-injector devices. As a
result, millions of Americans relying on this life-saving device
have paid exorbitant prices for EpiPens that are in no way tethered
to or constrained by a competitive market. Unlawfully exercising
its monopoly power, Mylan hiked the list price for two EpiPens to
$608 in 2016, up from $100 in 2007—an increase of over 600%. The
price increases was not attributable to market conditions,
increases in manufacturing costs, or shortages in the supply of
epinephrine. They were driven solely by unaccountable executives
and companies who sought to profit off of human misery and fear.
The EpiPen price hikes were the fruits of a multi-faceted,
fraudulent scheme to obtain and maintain a monopoly in the market
for epinephrine autoinjectors at the expense of American consumers
and third party payors.
To effectuate this scheme, Defendants combined and conspired to:
Misclassify the EpiPen under Medicaid's Medical Drug Rebate Program
to save hundreds of millions of dollars in rebates; Utilize their
Medicaid savings to offer aggressive rebates and incentives to
Pharmacy Benefit Managers, conditioned on excluding competitors
from the market; Use Mylan's Access to Schools program to hook
consumers on its product, meanwhile conditioning the provision of
free EpiPens to schools on the exclusion of competitor products;
Engage in deceptive marketing programs to restrain and prevent
competition; Assert and prosecute invalid patents to dissuade
competitors from entering the market for epinephrine autoinjectors;
Intervene in regulatory proceedings to delay competitors' entry in
the market; Enter into unlawful pay-for-delay settlement agreements
with competitors to maintain Mylan's monopoly; Convince regulators
and the public that a medical need justified Mylan's decision to
sell EpiPens solely in 2-paks, thereby exercising monopoly power to
double consumer and third-party payor expenses; and Falsely testify
to Congress in an effort to avoid scrutiny and government action.
These unlawful acts have resulted not only in this private suit,
but on January 30, 2017, the Federal Trade Commission announced
that it is investigating numerous possible federal law violations
by Mylan in connection with the EpiPen. It is time to put a stop to
Defendants' galling actions that have endangered the lives of
millions of Americans, all while funneling hundreds of millions of
dollars in illegal profits to Defendants' coffers. It is also time
to send a message that the law will not tolerate the fraudulent and
anticompetitive actions of America's pharmaceutical giants. This
case is of immense importance to Plaintiff, members of the Classes
she seek to represent, and the American public, says the
complaint.
The Plaintiff purchases EpiPens for her ten-year-old son, Eric
Sumner, who is allergic to eggs and peanuts and her husband, Micah
Sumner, who has certain food allergies.
Viatris Inc. is a successor-in-interest to Mylan N.V. and is
registered to do business in the State of New York.[BN]
The Plaintiff is represented by:
John Spragens, Esq.
SPRAGENS LAW PLC
311 22nd Ave. N.
Nashville, TN 37203
Phone: (615) 983-8900
Email: john@spragenslaw.com
- and -
Rosemary M. Rivas, Esq.
GIBBS LAW GROUP LLP
505 14th Street, Suite 110
Oakland, CA 94612
Phone: (510) 350-9700
Facsimile: (510) 350-9701
Email: rmr@classlawgroup.com
VVF INTERVEST: Robertson Sues Over Unpaid Straight, Overtime Wages
------------------------------------------------------------------
Marlon Robertson, individually, and on behalf of all others
similarly situated v. VVF INTERVEST, LLC, VVF KANSAS, LLC, & VVF
KANSAS SERVICES, LLC, Case No. 2:21-cv-02507 (D. Kan., Nov. 2,
2021), is brought under the Fair Labor Standards Act to recover
unpaid overtime wages and unpaid straight time due and owed to the
Plaintiff.
The Defendants failed to pay the Plaintiff the wages that were due
and owing pursuant to state and/or federal law for all hours worked
in a single workweek. In particular, the Defendants' timekeeping
policies, practices, and/or procedures result in a failure to pay
all wages due and owing under state and federal law or equity. The
effects of these policies, practices, and/or procedures fall into
three different categories: Unlawful Rounding; Manipulation of the
FLSA Workweek to Avoid Overtime; and Deduction of
Untaken/Interrupted Lunch Breaks. The Defendants' systematic
violations of federal and state wage laws were willful and emanated
from Defendant, says the complaint.
The Plaintiff has been employed by the Defendants as an hourly
laborer at Defendants' place of business located in Kansas City,
Kansas from December 21, 2020 through the August 12, 2021.
VVF Intervest, LLC is the parent company that owns and operates
subsidiary locations in Kansas, Illinois, and Ohio.[BN]
The Plaintiff is represented by:
Matthew E. Osman, Esq.
OSMAN & SMAY LLP
7111 W. 151st St., #316
Overland Park, KS 66223
Phone: (913) 667-9243
Fax: (866) 470-9243
Email: mosman@workerwagerights.com
WE ARE NATIONS: Estevez Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against We Are Nations, Inc.
The case is styled as Arturo Estevez, individually and on behalf of
all others similarly situated v. We Are Nations, Inc., Case No.
1:21-cv-09020 (S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
We Are Nations -- https://wearenations.com/ -- is the largest
esportswear company in the world.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
WHISTLEPIG LLC: Estevez Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against WhistlePig, LLC. The
case is styled as Arturo Estevez, individually and on behalf of all
others similarly situated v. WhistlePig, LLC, Case No.
1:21-cv-09018 (S.D.N.Y., Nov. 2, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
WhistlePig Rye Whiskey -- https://whistlepigwhiskey.com/ -- is
committed to crafting the world's finest and most interesting Rye
Whiskeys.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
WILDERNESS SPORTS: Contreras Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Wilderness Sports
Warehouse, LLC. The case is styled as Yensy Contreras, individually
and on behalf of all others similarly situated v. Wilderness Sports
Warehouse, LLC, Case No. 1:21-cv-09097 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Wilderness Sports Warehouse LLC doing business as Tackle Warehouse
-- http://www.tacklewarehouse.com/-- is a company that specializes
in the retail sale of various fishing poles such as casting reels,
spinning reels, and fishing bait.[BN]
The Plaintiff is represented by:
Jarrett Scott Charo, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: jcharo@mizrahikroub.com
WILMINGTON UNIVERSITY: Estevez Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Wilmington
University, Inc. The case is styled as Arturo Estevez, on behalf of
himself and all other persons similarly situated v. Wilmington
University, Inc., Case No. 1:21-cv-09075 (S.D.N.Y., Nov. 3, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Wilmington University -- https://www.wilmu.edu/ -- is a private
university with its main campus in Wilmington Manor, Delaware, with
a New Castle street address.[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
WIRELESS LIFESTYLE: DeMarcus Sues Over Unpaid Overtime Wages
------------------------------------------------------------
Tracy DeMarcus, Individually and on behalf of others similarly
situated v. WIRELESS LIFESTYLE, a corporation; SPRINT BY WIRELESS
LIFESTYLE, a corporation; DOES 1-20, Case No. 21STCV40323 (Cal.
Super. Ct., Los Angeles Cty., Nov. 2, 2021), is brought against the
Defendants who have violated the California Labor Code by failing
to pay overtime wages and provide lunch breaks.
The Plaintiff was paid $19.00 per hour minimum. She worked 45 hours
or more per week at the store to which she was assigned, five hours
of which were paid as overtime. The Plaintiff also received
commissions on sales of devices, upgrades, and other items and
services, plus bonuses for her performance. In addition to work at
the retail store, the Plaintiff worked an additional 15 hours per
week on her "days off" from the retail store, for which she was not
compensated. During the Plaintiff's employment, although she was
told she was entitled to a lunch break after 5 hours, she was often
denied the ability to take a lunch break and would be paid for one
hour if she missed lunch, and would have to stay with customers she
was handling if her lunch break time arrived, forcing her to miss
lunch breaks, says the complaint.
The Plaintiff was employed by the Defendant as a Store Manager from
October, 2018, until June 26, 2020.
WIRELESS LIFESTYLE is a corporation doing business in Los Angeles
County, California.[BN]
The Plaintiff is represented by:
David J. Duchrow, Esq.
LAW OFFICE OF DAVID J. DUCHROW
8929 S. Sepulveda Blvd., Suite 204
Los Angeles, CA 90045
Phone (310) 452-4900
Facsimile (310) 452-4901
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