/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/220309.mbx C L A S S A C T I O N R E P O R T E R Wednesday, March 9, 2022, Vol. 24, No. 43 Headlines 3M COMPANY: AFFF Products Can Cause Cancer, Gagnea Suit Alleges 3M COMPANY: Bruton Suit Alleges Complications From AFFF Products 3M COMPANY: Byrne Suit Alleges Complications From AFFF Products 3M COMPANY: Carrasco Sues Over Injury Sustained From AFFF Products 3M COMPANY: Daniel Sues Over Exposure to PFAS From AFFF Products 3M COMPANY: Exposed Firefighters to PFAS, Chambers Suit Alleges 3M COMPANY: Exposed Firefighters to PFAS, Williams Suit Alleges 3M COMPANY: Kiskeravage Sues Over AFFF Products' Harmful Effects 3M COMPANY: Morgan Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Myers Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Pickle Sues Over Exposure to Toxic Foams & Chemicals 3M COMPANY: Schmatz Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Shearer Suit Claims Toxic Exposure From AFFF Products 3M COMPANY: Wamble Sues Over Exposure to Toxic Chemicals & Foams 75 & 81 ORCHARD: Gannon Files ADA Suit in S.D. New York 787 COFFEE LLC: Rivera Files FLSA Suit in S.D. New York ABBOTT LABORATORIES: Deffebaugh Files Suit in N.D. Illinois ABBOTT LABORATORIES: Menendez Files Suit in N.D. Illinois ARAMARK SERVICES: Faces Kelly Wage-and-Hour Suit in N.D. Cal. ARMY AND AIR: Fails to Pay Overtime, Davis-Haynes Suit Alleges BACTOLAC PHARMACEUTICAL: To Pay Over $1.725-M to Resolve Claims BANK OF AMERICA: Hamilton Sues Over Breach of Unemployment Program BED BATH: $7MM Class Settlement to be Heard on June 2 BOEHRINGER INGELHEIM: Adams Suit Transferred to S.D. Florida BRAINLUXURY INC: Fischler Files ADA Suit in S.D. New York BROADCAST MUSIC: Baker Files Suit in S.D. New York BROOKLYN ACADEMY OF MUSIC: Young Files ADA Suit in S.D. New York CAMP EXPERIENCE: Calcano Files ADA Suit in S.D. New York CERENCE INC: Saxena White Files Securities Fraud Class Action DOUGLAS JEEP: Blanc Files Suit in M.D. Florida DRUG DARAPRIM: Robins Kaplan Announces Class Action Settlement EL DORADO: Keller Suit Alleges Failure to Pay Overtime for Pumpers FACEBOOK INC: Ngian Suit Transferred to N.D. California FAMILY DOLLAR: Perfecto Wage-and-Hour Suit Removed to C.D. Cal. FITNESS INTERNATIONAL: Caringello TCPA Suit Goes to M.D. Florida FORD MOTOR: Berghuis Consumer Suit Removed to E.D. California FULCRUM RETAIL: Williams Files TCPA Suit in N.D. Texas GOODYEAR TIRE: Franco Employment Suit Removed to N.D. California GSF USA: Solis BIPA Class Action Suit Removed to N.D. Illinois HANNAH'S SOUTHERN: Colamarino Sues Over Unpaid Wages for Staff HOLIDAY HOSPITALITY: Aaron Hotel Suit Transferred to N.D. Georgia HOME DEPOT: White Labor Code Suit Moved From C.D. to S.D. Cal. ICELANDIC PROVISIONS: Steinberg Files Suit in U.S. Ct. of Appeals INTERNATIONAL HOUSE: Court Approves Briefing Schedule in Wallace JENNIFER YEN BEAUTY: Slade Files ADA Suit in S.D. New York JOHN BEL EDWARDS: Johnson Suit Transferred to E.D. Louisiana JUUL LABS: Causes Youth E-Cigarette Crisis, Holt Suit Alleges JUUL LABS: Dalton Local Sues Over Deceptive E-Cigarette Youth Ads JUUL LABS: E-Cigarette Ads Target Youth, Batavia City Suit Says JUUL LABS: Faces Canyons Suit Over E-Cigarette Campaign to Youth JUUL LABS: Faces Sun Prairie Suit Over Youth E-Cigarette Addiction JUUL LABS: Grand Haven Sues Over Youth's E-Cigarette Addiction JUUL LABS: Hamilton Central Sues Over E-Cigarette Crisis in N.Y. JUUL LABS: Madrid-Waddington Sues Over Youth's Nicotine Addiction JUUL LABS: Markets E-Cigarette to Youth, Dowagiac Union Claims JUUL LABS: Mexico Academy Suit Claims E-Cigarette's Risks to Youth JUUL LABS: Muskegon Sues Over Youth E-Cigarette Epidemic in Mich. JUUL LABS: Pine River Area Sues Over Deceptive E-Cigarette Campaign JUUL LABS: Poland Central Sues Over Youth E-Cigarette Epidemic JUUL LABS: The Rockingham Sues Over Youth Health Crisis in N.C. JUUL LABS: Town of Webb Union Sues Over Youth E-Cigarette Crisis NEW ORIENTAL: Kessler Topaz Reminds of April 5 Deadline NOVAVAX INC: Amended Complaint Due Friday NY TEX CARE: Faces Cuzco Wage-and-Hour Suit in E.D.N.Y. PATZERIA FAMILY: Bocel Seeks More Time to File Class Cert. Reply PELOTON INTERACTIVE: Cohen Labor Suit Removed to C.D. California PRIMA INVESTMENTS: $5.6MM Class Settlement to be Heard on April 25 R&B FLEET: Hernandez Sues Over Unpaid Overtime for Laborers SACRED HEART: Anstead Sues Over Unpaid OT for Registered Nurses SILVERBACK THERAPEUTICS: Pomerantz Named Lead Counsel in Dresner SOUTHCOAST HOSPITALS: Final Nod of Class Settlement Sought SPECIALIZED LOAN: Amended Scheduling Order Entered in Cuellar STATE FARM: Court Grants Eileen Pete Leave to File Reply Brief STATE FARM: Seeks to Decertify Classes in Ngethpharat Suit STICKER MULE: Class Action Settlement Gets Final Nod in Bonefort SUNLAND TRADING: Court Dismisses Henry's Suit With Leave to Amend TAMKO BUILDING: Seeks Extensions For Class Cert. Deadlines TEAM ENTERPRISES: Cipolla Suit Seeks OK of Collective Action TERM COMMODITIES: Court Grants Class Certification in Cotton Suit TESLA ENERGY: Faces Lack PAGA Suit for Solar Roofers' Unpaid Wages TILT HOLDINGS: Securities Suit Settlement Approved by Ontario Court TOWER RESEARCH: Referral to Magistrate Judge Gorenstein Withdrawn TRAFFIC TECH: Total Quality's Bid to Compel Arbitration Nixed UBER TECHNOLOGIES: Court Amends Class Certification Bid Schedule UNITED AIRLINES: Jose Medina Seeks to Certify Class Action UNITED BEHAVIORAL: Parties Stipulate Class Cert. Briefing Schedule UNITED STATES: Escalante Sues Over Non-Provision of Booster Shots UNITED STATES: Status Conference Continued to May 31 in Lewis UNIVERSITY OF TEXAS: Nikolova Seeks Modification of Feb. 14 Order VF OUTDOOR: Hearings Continued to March 23 in Valencia Complaint WESTERN WATERPROOFING: Pretrial Management Order Entered in BDG WEXFORD HEALTH: Case Management Order Entered in Milligan Suit WINSTON WEAVER: Faces Suit Over Negligence in Fertilizer Plant Fire ********* 3M COMPANY: AFFF Products Can Cause Cancer, Gagnea Suit Alleges --------------------------------------------------------------- STEVEN EDWARD GAGNEA, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00627-RMG (D.S.C., February 28, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. According to the complaint, the Defendants have failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants' AFFF products are dangerous to human health because PFAS are highly toxic and carcinogenic chemicals and can accumulate in the blood and body of exposed individuals. The Defendants have also failed to warn public entities and firefighter trainees who they knew would foreseeably come into contact with their AFFF products. The Plaintiff used the Defendants' PFAS-containing AFFF products in their intended manner, without significant change in the products' condition due to inadequate warning about the products' danger. He relied on the Defendants' instructions as to the proper handling of the products, says the suit. As a result of the alleged exposure to the Defendants' AFFF products, the Plaintiff was diagnosed with kidney cancer. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Bruton Suit Alleges Complications From AFFF Products ---------------------------------------------------------------- LAURENCE BRYAN BRUTON, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00622-RMG (D.S.C., February 28, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. The case arises from severe personal injuries sustained by the Plaintiff as a result of his exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products and also failed to warn public entities and firefighter trainees, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products that use of and/or exposure to the products would pose a danger to human health. Due to inadequate warning, the Plaintiff was allegedly exposed to toxic chemicals and was diagnosed with testicular cancer. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Byrne Suit Alleges Complications From AFFF Products --------------------------------------------------------------- THOMAS BYRNE, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00673-RMG (D.S.C., March 2, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. The case arises from severe personal injuries sustained by the Plaintiff as a result of his exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products and also failed to warn public entities and firefighter trainees, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products that use of and/or exposure to the products would pose a danger to human health. Due to inadequate warning, the Plaintiff was exposed to toxic chemicals and was diagnosed with prostate cancer, says the suit. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Richard Zgoda, Jr., Esq. Steven D. Gacovino, Esq. GACOVINO, LAKE & ASSOCIATES, P.C. 270 West Main Street Sayville, NY 11782 Telephone: (631) 600-0000 Facsimile: (631) 543-5450 - and – Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Carrasco Sues Over Injury Sustained From AFFF Products ------------------------------------------------------------------ JORGE ANTONIO CARRASCO SR., individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00624-RMG (D.S.C., February 28, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. According to the complaint, the Defendants have failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants' AFFF products are dangerous to human health because PFAS are highly toxic and carcinogenic chemicals and can accumulate in the blood and body of exposed individuals. The Defendants have also failed to warn public entities and firefighter trainees who they knew would foreseeably come into contact with their AFFF products. The Plaintiff used the Defendants' PFAS-containing AFFF products in their intended manner, without significant change in the products' condition due to inadequate warning about the products' danger. He relied on the Defendants' instructions as to the proper handling of the products, says the suit. As a result of the alleged exposure to the Defendants' AFFF products, the Plaintiff was diagnosed with kidney cancer. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Daniel Sues Over Exposure to PFAS From AFFF Products ---------------------------------------------------------------- RANDALL LEE DANIEL, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00625-RMG (D.S.C., February 28, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. The case arises from severe personal injuries sustained by the Plaintiff as a result of his exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products and also failed to warn public entities and firefighter trainees, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products that use of and/or exposure to the products would pose a danger to human health. Due to inadequate warning, the Plaintiff was exposed to toxic chemicals and was diagnosed with testicular cancer, alleges the suit. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Exposed Firefighters to PFAS, Chambers Suit Alleges --------------------------------------------------------------- JEFFERY CHAMBERS, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00633-RMG (D.S.C., February 28, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. The Plaintiff seeks to recover compensatory and punitive damages arising out of serious medical conditions and complications sustained as a direct result of the Plaintiff's exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS at various locations during the course of his training and firefighting activities. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products. Further, the Defendants failed to warn public entities and firefighter trainees, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products, or firefighters employed by either civilian and/or military employers that use of and/or exposure to the Defendants' AFFF products containing PFAS and/or its precursors would pose a danger to human health. Due to inadequate warning, the Plaintiff used the Defendants' PFAS-containing AFFF products in their intended manner, without significant change in the products' condition, says the suit. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Richard Zgoda, Jr., Esq. Steven D. Gacovino, Esq. GACOVINO, LAKE & ASSOCIATES, P.C. 270 West Main Street Sayville, NY 11782 Telephone: (631) 600-0000 Facsimile: (631) 543-5450 - and – Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Exposed Firefighters to PFAS, Williams Suit Alleges --------------------------------------------------------------- ELMER WILLIAMS, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00668-RMG (D.S.C., March 2, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. The case arises from severe personal injuries sustained by the Plaintiff as a result of his exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products and also failed to warn public entities and firefighter trainees, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products that use of and/or exposure to the products would pose a danger to human health. Due to inadequate warning, the Plaintiff was exposed to toxic chemicals and was diagnosed with prostate cancer, alleges the suit. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Richard Zgoda, Jr., Esq. Steven D. Gacovino, Esq. GACOVINO, LAKE & ASSOCIATES, P.C. 270 West Main Street Sayville, NY 11782 Telephone: (631) 600-0000 Facsimile: (631) 543-5450 - and – Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Kiskeravage Sues Over AFFF Products' Harmful Effects ---------------------------------------------------------------- CHRISTOPHER JOSEPH KISKERAVAGE, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00628-RMG (D.S.C., February 28, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. The case arises from severe personal injuries sustained by the Plaintiff as a result of his exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products and also failed to warn public entities and firefighter trainees, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products that use of and/or exposure to the products would pose a danger to human health. Due to inadequate warning, the Plaintiff was allegedly exposed to toxic chemicals and was diagnosed with pancreatic cancer and testicular cancer. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Morgan Sues Over Exposure to Toxic Film-Forming Foams ----------------------------------------------------------------- Patricia Morgan, individually and as Personal Representative/Administrator/Executor of the Estate of Theodore Morgan, deceased, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:22-cv-00481-RMG (D.S.C., Feb. 15, 2022), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. Plaintiff is the personal representative/administrator/executor of the Estate of Theodore Morgan. Theodore Morgan ("Decedent") was, at the time of death, an adult resident and citizen of Walton, Kentucky. Decedent regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a firefighter. Prior to death, Decedent was diagnosed with brain cancer as a result of exposure to Defendants' AFFF products. Decedent's The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Stephen T. Sullivan, Jr., Esq. John E. Keefe, Jr., Esq. WILENTZ, GOLDMAN & SPITZER P.A. 125 Half Mile Road, Suite 100 Red Bank, NJ 07701 Phone: 732-855-6060 Facsimile: 732-726-4860 3M COMPANY: Myers Sues Over Exposure to Toxic Film-Forming Foams ---------------------------------------------------------------- Earl Wayne Myers II, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:22-cv-00474-RMG (D.S.C., Feb. 14, 2022), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with kidney cancer as a result of exposure to the Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 3M COMPANY: Pickle Sues Over Exposure to Toxic Foams & Chemicals ---------------------------------------------------------------- Stanley Pickle, Sr., and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:22-cv-00475-RMG (D.S.C., Feb. 14, 2022), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with kidney cancer as a result of exposure to the Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 3M COMPANY: Schmatz Sues Over Exposure to Toxic Film-Forming Foams ------------------------------------------------------------------ George J. Schmatz, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:22-cv-00476-RMG (D.S.C., Feb. 14, 2022), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with testicular cancer as a result of exposure to the Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 3M COMPANY: Shearer Suit Claims Toxic Exposure From AFFF Products ----------------------------------------------------------------- JAMES THOMAS SHEARER II, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-00630-RMG (D.S.C., February 28, 2022) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. The Plaintiff seeks to recover compensatory and punitive damages arising out of serious medical conditions and complications sustained as a direct result of the Plaintiff's exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS at various locations during the course of his training and firefighting activities. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products. Further, the Defendants failed to warn public entities and firefighter trainees, including the Plaintiff, who they knew would foreseeably come into contact with their AFFF products, or firefighters employed by either civilian and/or military employers that use of and/or exposure to the Defendants' AFFF products containing PFAS and/or its precursors would pose a danger to human health. Due to inadequate warning, the Plaintiff used the Defendants' PFAS-containing AFFF products in their intended manner, without significant change in the products' condition, says the suit. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with principal place of business at 1007 Market Street, Wilmington, Delaware. Kidde-Fenwal, Inc. is a manufacturer of fire protection systems based in Ashland, Massachusetts. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a manufacturer of foam concentrate, foam proportioning systems, fixed and portable foam firefighting equipment, with principal place of business located at 350 East Union Street, West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. [BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M COMPANY: Wamble Sues Over Exposure to Toxic Chemicals & Foams ---------------------------------------------------------------- David Leon Wamble, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:22-cv-00477-RMG (D.S.C., Feb. 14, 2022), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human body while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with prostate cancer as a result of exposure to the Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 75 & 81 ORCHARD: Gannon Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against 75 & 81 Orchard Associates LLC, et al. The case is styled as Stephen Gannon, individually and on behalf of all others similarly situated v. 75 & 81 Orchard Associates LLC, No Idols NYC LLC, Corporations, 1-X Limited Liability Companies, Partnerships, entities yet unknown; John Doe 1-X persons yet unknown; Case No. 1:22-cv-01678-KPF (S.D.N.Y., Feb. 28, 2022). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. 75 & 81 Orchard Associates LLC is the owner of a petroleum storage facility.[BN] The Plaintiff is represented by: Adam Douglas Ford, Esq. FORD & HUFF LC 228 Park Avenue South New York, NY 10003 Phone: (212) 287-5913 Email: adam.ford@fordcranelaw.com 787 COFFEE LLC: Rivera Files FLSA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against 787 Coffee LLC, et al. The case is styled as Angel Rivera, on behalf of himself v. 787 Coffee LLC, Brandon Pena, Case No. 1:22-cv-01596-JPO (S.D.N.Y., Feb. 25, 2022). The lawsuit is brought over alleged violation of the Fair Labor Standards Act. 787 Coffee -- https://787coffee.com/ -- grow, process & roast premium coffee.[BN] The Plaintiffs are represented by: Eunon Jason Mizrahi, Esq. Joshua Levin-Epstein, Esq. LEVIN-EPSTEIN & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4700 New York, NY 10165 Phone: (212) 792-0048 Fax: (646) 786-3170 Email: jason@levinepstein.com Joshua@levinepstein.com ABBOTT LABORATORIES: Deffebaugh Files Suit in N.D. Illinois ----------------------------------------------------------- A class action lawsuit has been filed against Abbott Laboratories. The case is styled as Victoria J. Deffebaugh, individually and on behalf of all others similarly situated v. Abbott Laboratories doing business as: Abbott Nutrition, Case No. 1:22-cv-01079 (N.D. Ill., March 1, 2022). The nature of suit is stated as Personal Inj. Prod. Liability. Abbott Laboratories -- https://www.abbott.com/ -- is an American multinational medical devices and health care company with headquarters in Abbott Park, Illinois.[BN] The Plaintiff is represented by: Timothy J. Becker, Esq. JOHNSON BECKER PLLP 444 Cedar Street, Suite 1800 St. Paul, MN 55101 Phone: (612) 436-1800 Email: tbecker@johnsonbecker.com ABBOTT LABORATORIES: Menendez Files Suit in N.D. Illinois --------------------------------------------------------- A class action lawsuit has been filed against Abbott Laboratories. The case is styled as Jasmyn Menendez, individually and on behalf of all others similarly situated v. Abbott Laboratories doing business as: Abbott Nutrition, Case No. 1:22-cv-01082 (N.D. Ill., March 1, 2022). The nature of suit is stated as Personal Inj. Prod. Liability. Abbott Laboratories -- https://www.abbott.com/ -- is an American multinational medical devices and health care company with headquarters in Abbott Park, Illinois.[BN] The Plaintiff is represented by: Timothy J. Becker, Esq. JOHNSON BECKER PLLP 444 Cedar Street, Suite 1800 St. Paul, MN 55101 Phone: (612) 436-1800 Email: tbecker@johnsonbecker.com ARAMARK SERVICES: Faces Kelly Wage-and-Hour Suit in N.D. Cal. ------------------------------------------------------------- LAWRENCE KELLY, JR., individually and on behalf of all others similarly situated, Plaintiff v. ARAMARK SERVICES, INC.; and DOES 1 through 50, inclusive, Defendants, Case No. 3:22-cv-01272 (N.D. Cal., March 1, 2022) is a class action against the Defendant for violations of the California Labor Code and the California's Business and Professions Code including failure to provide meal periods, failure to provide rest periods, failure to pay hourly wages, failure to provide accurate written wage statements, failure to timely pay all final wages, unfair competition, and failure to pay employees for all hours worked. Aramark Services, Inc. is an American food service, facilities, and uniform services provider doing business in California. [BN] The Plaintiff is represented by: Shaun Setareh, Esq. Jose Maria D. Patino, Jr., Esq. SETAREH LAW GROUP 9665 Wilshire Boulevard, Suite 430 Beverly Hills, CA 90212 Telephone: (310) 888-7771 Facsimile: (310) 888-0109 E-mail: shaun@setarehlaw.com jose@setarehlaw.com ARMY AND AIR: Fails to Pay Overtime, Davis-Haynes Suit Alleges -------------------------------------------------------------- KAREN DAVIS-HAYNES, on behalf of himself and all others similarly situated, Plaintiff v. ARMY AND AIR FORCE EXCHANGE SERVICE, Defendant, Case No. 4:22-cv-00198-LPR (E.D. Ark., March 1, 2022) is a class action against the Defendant for its failure to compensate the Plaintiff and similarly situated employees overtime pay for all hours worked in excess of 40 hours in a workweek in violation of the Fair Labor Standards Act and the Arkansas Minimum Wage Act. The Plaintiff was employed by the Defendant as an hourly-paid employee in Arkansas from May 2019 until April 2021. Army and Air Force Exchange Service is a government agency that operates shopping centers on Army and Air Force bases in Arkansas. [BN] The Plaintiff is represented by: Colby Qualls, Esq. Josh Sanford, Esq. SANFORD LAW FIRM, PLLC Kirkpatrick Plaza 10800 Financial Centre Pkwy., Suite 510 Little Rock, AR 72211 Telephone: (800) 615-4946 Facsimile: (888) 787-2040 E-mail: colby@sanfordlawfirm.com josh@sanfordlawfirm.com BACTOLAC PHARMACEUTICAL: To Pay Over $1.725-M to Resolve Claims --------------------------------------------------------------- Bactolac agreed to pay over $1.725 million to resolve claims it distributed All Day Energy Greens products with undisclosed ingredients. The settlement benefits consumers who purchased one or more recalled canisters of All Day Energy Greens or All Day Energy Greens Fruity in 2014 or 2015. A full list of the 99 recalled lots can be found on the settlement website. All Day Energy Greens are daily nutritional supplements touted as a "daily burst of natural energy" through essential vitamins, minerals, phytonutrients, and antioxidants. The supplements are manufactured by Bactolac and have been distributed by both NaturMed and IVL. Despite claims that these products can help consumers live an "active and enjoyable life," All Day Energy Greens may have contained additional ingredients not disclosed by the manufacturer or distributors. According to the NaturMed class action lawsuit, Bactolac manufactured 99 lots of All Day Energy Greens in 2014 and 2015 which contained undisclosed ingredients. Specifically, the products allegedly contained active bacteria and other contaminants which could result in nausea, vomiting, diarrhea, and other problems. NaturMed recalled various lots of All Day Energy Greens in March 2016, but the plaintiffs claim this was too little too late. According to the class action lawsuit, the defendants knew of the contamination and resulting issues as soon as they started to receive complaints in 2014. However, despite consumers becoming "seriously ill," the companies allegedly waited two years to recall the products. "Defendants knew that their dietary supplements contained toxic and/or harmful substances, but failed to inform consumers of that fact and allowed consumers to continue to purchase and ingest their products even after the dangers of consuming All Day Energy Greens became known," the All Day Energy Greens class action lawsuit contends. Bactolac, NaturMed, and IVL haven't admitted any wrongdoing in the case but agreed to pay $1.725 million to resolve these allegations. Under the terms of the settlement, Class Members can receive either a $10 credit toward any IVL product or a $5 cash payment. IVL credits will be valid for three years after they are issued to Class Members. Individuals who opt to receive a cash payment instead will receive a pro rata share of the settlement fund. Although payments are estimated at $5, exact payment amount may vary depending on the number of valid claim forms received. The deadline for exclusion and objection in the All Day Energy Greens settlement is April 11, 2022. The final approval hearing is scheduled for May 19, 2022. In order to receive a payment from the settlement, Class Members must submit a valid claim form by May 20, 2022. Who's Eligible The settlement benefits consumers who purchased one or more recalled canisters of All Day Energy Greens or All Day Energy Greens Fruity in 2014 or 2015. A full list of the 99 recalled lots can be found on the settlement website. Potential Award $10 credit toward any IVL product or a $5 cash payment Proof of Purchase If you do not have a Settlement Claim ID (found on the mailed postcard notice), you are required to provide documentation to support the claim. (Receipt, credit card statement showing purchase, . . . .) Please indicate by highlighting, circling, or underlining the part(s) of your documentation that are relevant to the claim. Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you're unsure if you qualify, please read the FAQ section of the Settlement Administrator's website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don't qualify for this settlement, check out our database of other open class action settlements you may be eligible for. Claim Form Deadline 05/20/2022 Case Name Copley V. Bactolac Pharmaceutical, Inc. et al., Case No. 2:18-cv-00575-fb-pk, in the U.S. District Court for the Eastern District of New York Final Hearing 05/19/2022 Settlement Website NaturMedIVLSettlement.com Claims Administrator Copley v. Bactolac Pharmaceutical, Inc. c/o Postlethwaite & Netterville PO Box 3958 Baton Rouge, LA 70821 info@NaturMedIVLSettlement.com 844-563-0649 Class Counsel James J. Bilsborrow WEITZ & LUXENBERG PC Defense Counsel Matthew Kelly SEEGAL MCCAMBRIDGE SINGER & MAHONEY Sheila Carmody Courtney Henson SNELL & WILMER LLP [GN] BANK OF AMERICA: Hamilton Sues Over Breach of Unemployment Program ------------------------------------------------------------------ A.M. HAMILTON, on behalf of himself and all others similarly situated, Plaintiff v. BANK OF AMERICA, N.A., Defendant, Case No. 2:22-cv-00374-RFB-EJY (D. Nev., March 1, 2022) is a class action against the Defendant for breach of contract, unjust enrichment, and violation of the Electronic Fund Transfer Act. The case arises from the Defendant's failure to keep its obligation under the Nevada unemployment program. The Defendant decided to quit the program following thousands of incidents of fraud and its failure to stop them. In June 2021, the bank announced that all amounts had to be withdrawn by October 1, 2021. However, thousands of customers did not withdraw their funds by the appointed date and the date had to be extended. The Plaintiff and the other Class members suffered substantial harm proximately caused by the Defendant as a result of its breaches of contract. Bank of America, N.A. is a banking association headquartered in Charlotte, North Carolina. [BN] The Plaintiff is represented by: George O. West, III, Esq. 10161 Park Run Drive, Suite 150 Las Vegas, NV 89145 Telephone: (702) 664-1168 E-mail: gowesq@cox.net - and – E. Adam Webb, Esq. WEBB, KLASE & LEMOND, LLC 1900 The Exchange, S.E., Suite 480 Atlanta, GA 30339 Telephone: (770) 444-0773 E-mail: Adam@WebbLLC.com BED BATH: $7MM Class Settlement to be Heard on June 2 ----------------------------------------------------- UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY STEPHEN AND JUNE VITIELLO, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. BED BATH & BEYOND INC., et al., Defendants. No. 2:20-cv-04240-MCA-MAH SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT; (II) SETTLEMENT FAIRNESS HEARING; AND (III) MOTION FOR ATTORNEYS' FEES AND LITIGATION EXPENSES This notice is for all persons and entities who purchased or otherwise acquired the common stock of Bed Bath & Beyond Inc. ("BBBY") during the period from September 4, 2019 through February 11, 2020, inclusive (the "Class Period") (the "Class"). Certain persons and entities are excluded from the Class by definition as set forth in the full Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Settlement Fairness Hearing; and (III) Motion for Attorneys' Fees and Litigation Expenses (the "Notice"), available at www.BedBathBeyondSecuritiesLitigation.com. PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS-ACTION LAWSUIT PENDING IN THIS COURT. YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of New Jersey (the "Court"), that the above-captioned securities class action (the "Action") is pending in the Court. YOU ARE ALSO NOTIFIED that Lead Plaintiff in the Action, Kavin Bakhda, has reached a proposed settlement of the Action for $7,000,000 in cash (the "Settlement"), which, if approved, will resolve all claims in the Action. A hearing will be held on June 2, 2022, at 2:00 p.m., before the Honorable Michael A. Hammer, either in-person at the United States District Court for the District of New Jersey, Martin Luther King Building & United States Courthouse, 50 Walnut Street, Courtroom MLK2C, Newark, NJ 07101, or by telephone or videoconference, to determine: (i) whether to approve the proposed Settlement as fair, reasonable, and adequate; (ii) whether, for purposes of the proposed Settlement only, to certify the Action as a class action and to grant final appointment of Lead Plaintiff as Class representative and Lead Counsel as counsel for the Class; (iii) whether to dismiss the Action with prejudice against Defendants and to enter the releases specified and described in the Settlement Agreement dated October 25, 2021; (iv) whether to approve the proposed Plan of Allocation as fair and reasonable; and (v) whether to grant Lead Counsel's motion for an award of attorneys' fees and expenses and Lead Plaintiff's costs and expenses. If the hearing is held by telephone or videoconference, information on how to participate will be posted at www.BedBathBeyondSecuritiesLitigation.com. If you are a member of the Class, your rights will be affected by the pending Action and the Settlement, and you might be entitled to a payment from the Settlement. If you have not yet received the Notice and Claim Form, you may obtain copies of them by contacting the Claims Administrator at Bed Bath Beyond Securities Litigation, c/o JND Legal Administration, PO Box 91135, Seattle, WA 98111; 866-853-5009; or www.BedBathBeyondSecuritiesLitigation.com. You can also download copies of the Notice and Claim Form from the Settlement website, www.BedBathBeyondSecuritiesLitigation.com. If you are a member of the Class, you must submit a Claim Form postmarked no later than June 6, 2022 to be eligible to receive a payment from the Settlement. If you do not submit a proper Claim Form, you will not be eligible to receive a payment from the Settlement, but you will nevertheless be bound by any judgments or orders entered by the Court in the Action. If you are a member of the Class and want to exclude yourself from it, you must submit a valid request for exclusion that is received no later than May 5, 2022, in accordance with the instructions in the Notice. If you properly exclude yourself from the Class, you will not be bound by any judgments or orders entered in the Action, and you will not be eligible to receive a payment from the Settlement. Excluding yourself from the Class is the only option that might allow you to be part of any other current or future lawsuit against Defendants or any of the other released parties concerning the claims being resolved by the Settlement, even if you have pending or later file another lawsuit or other proceeding against the Releasees related to the claims covered by the Settlement. Any objections to the proposed Settlement, the proposed Plan of Allocation, Lead Counsel's motion for attorneys' fees and litigation expenses, or Lead Plaintiff's application for expenses must be filed with the Court and delivered to Lead Counsel and Defendants' Counsel such that they are received no later than May 5, 2022, in accordance with the instructions set forth in the Notice. If you have any questions about this notice, the proposed Settlement, or your eligibility to participate in it, please contact the Claims Administrator or Lead Counsel. Visit www.BedBathBeyondSecuritiesLitigation.com or call toll-free at 866-853-5009. Do not contact the Court, the Clerk's office, Defendants, or their counsel regarding this notice. Requests for the Notice and Claim Form should go to: Bed Bath Beyond Securities Litigation c/o JND Legal Administration PO Box 91135 Seattle, WA 98111 Inquiries other than requests for the Notice and Claim Form should go to Lead Counsel: BERNSTEIN LIEBHARD LLP Laurence J. Hasson Joseph R. Seidman, Jr. 10 East 40th Street New York, NY 10016 (212) 779 1414 lhasson@bernlieb.com seidman@bernlieb.com By Order of the Court. BOEHRINGER INGELHEIM: Adams Suit Transferred to S.D. Florida ------------------------------------------------------------ The case styled as Ida Adams, Virginia Aragon, Golbenaz Bakhtiar, Antrenise Campbell, Teresa Dowler, Jonathan Ferguson, Karen Foster, Michael Galloway, Alberta Griffin, Lorie Kendall-Songer, Marva Mccall, Clifton McKinnon, Ricardo Moron, Richard Obrien, Cesar Pinon, Jeffrey Pisano, Ronald Ragan, Tangie Sims, Michael Tomlinson, Chris Troyan, Gustavo Velasquez, Teresa Waters, Joshua Winans, on behalf of themselves and all others similarly situated v. Boehringer Ingelheim Pharmaceuticals Inc., Boehringer Ingelheim Corporation, Boehringer Ingelheim USA Corporation, Boehringer Ingelheim International (GmbH), Boehringer Ingelheim Promeco, S.A. de C.V., Case No. 3:22-cv-00127 was transferred from the U.S. District Court for the District of Connecticut, to the U.S. District Court for the Southern District of Florida on March 1, 2022. The District Court Clerk assigned Case No. 9:22-cv-80311-RLR to the proceeding. The nature of suit is stated as Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability. Boehringer Ingelheim -- http://www.boehringer-ingelheim.com/-- is one of the world's largest pharmaceutical companies, and the largest private one.[BN] The Plaintiff is represented by: Mathew Jasinski, Esq. MOTLEY RICE, LLC One Corporate Ctr., 17th Fl. 20 Church Street Hartford, CT 06103 Phone: (860) 218-2725 Fax: (860) 882-1682 Email: mjasinski@motleyrice.com BRAINLUXURY INC: Fischler Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Brainluxury Inc. The case is styled as Brian Fischler, individually and on behalf of all other persons similarly situated v. Brainluxury Inc. doing business as: Brainluxury, Case No. 1:22-cv-01737 (S.D.N.Y., March 2, 2022). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. BrainLuxury -- https://brainluxury.com/ -- manufacture, and commercialize nutritional brain supplements that are all developed to improve the brain network.[BN] The Plaintiff is represented by: Christopher Howard Lowe, Esq. LIPSKY LOWE LLP 420 Lexington Avenue, Suite 1830 New York, NY 10170 Phone: (212) 764-7171 Email: chris@lipskylowe.com BROADCAST MUSIC: Baker Files Suit in S.D. New York -------------------------------------------------- A class action lawsuit has been filed against Broadcast Music Incorporated. The case is styled as Alexander C. Baker, and all other similarly situated Songwriters; Adam Bravery LLC, and all other similarly situated Royalty Assignees v. Broadcast Music Incorporated also known as: BMI, Case No. 1:22-cv-01599-LLS (S.D.N.Y., Feb. 25, 2022). The nature of suit is stated as Other Civil Rights for Declaratory Judgment. Broadcast Music, Inc. -- https://www.bmi.com/ -- is a performance rights organisation in the United States.[BN] The Plaintiffs are represented by: G. Scott Sobel, Esq. LAW OFFICE OF G. SCOTT SOBEL 1180 S. Beverly Drive, Suite 610 Los Angeles, CA 90035 Phone: (310) 422-7067 Fax: (888) 863-5630 Email: gscottsobel@gmail.com The Defendant is represented by: Alexa Savino, Esq. Atara Miller, Esq. Scott Alexander Edelman, Esq. MILBANK LLP 55 Hudson Yards New York City, NY 10001 Phone: (212) 530-5728 Email: asavino1@milbank.com amiller@milbank.com sedelman@milbank.com - and - AnnMarie Mori, Esq. Russell I Glazer, Esq. TROY GOULD PC 1801 Century Park E, Ste. 1600 Los Angeles, CA 90067 Phone: (310) 789-1204 Fax: (310) 789-1404 Email: amori@troygould.com rglazer@troygould.com BROOKLYN ACADEMY OF MUSIC: Young Files ADA Suit in S.D. New York ---------------------------------------------------------------- A class action lawsuit has been filed against The Brooklyn Academy Of Music, Inc. The case is styled as Lawrence Young, on behalf of himself and all other persons similarly situated v. The Brooklyn Academy Of Music, Inc., Case No. 1:22-cv-01723 (S.D.N.Y., March 1, 2022). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Brooklyn Academy of Music -- https://www.bam.org/ -- is a performing arts venue in Brooklyn, New York City, known as a center for progressive and avant-garde performance.[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 CAMP EXPERIENCE: Calcano Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Camp Experience Stores, Inc. The case is styled as Marcos Calcano, on behalf of himself and all other persons similarly situated v. Camp Experience Stores, Inc., Case No. 1:22-cv-01310-JMF (S.D.N.Y., Feb. 16, 2022). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. CAMP -- https://camp.com/ -- is a retail chain built to engage and inspire young families.[BN] The Plaintiff is represented by: Jeffrey Michael Gottlieb, Esq. Dana Lauren Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 E. 18 St., Suite PHR New York, NY 10003 Phone: (917) 796-7437 Fax: (212) 982-6284 Email: nyjg@aol.com danalgottlieb@aol.com CERENCE INC: Saxena White Files Securities Fraud Class Action ------------------------------------------------------------- Saxena White P.A. has filed a securities fraud class action lawsuit (the "Class Action") in the United States District Court for the District of Massachusetts against Cerence Inc. ("Cerence" or the "Company") (NASDAQ: CRNC) and certain of its executive officers (collectively, "Defendants"). The Class Action asserts claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act") and U.S. Securities and Exchange Commission ("SEC") Rule 10b-5 promulgated thereunder on behalf of all persons or entities that purchased Cerence common stock between February 8, 2021 and February 4, 2022, inclusive (the "Class Period"), and were damaged thereby (the "Class"). The Class Action is captioned: City of Miami Fire Fighters' and Police Officers' Retirement Trust v. Cerence Inc. et al., No. 1:22-cv-10321 (D. Mass.). Cerence is a Burlington, Massachusetts-based company that focuses on building artificial intelligence-powered virtual assistants primarily for the automotive market. Despite the ongoing COVID-19 pandemic, supply-chain issues, and the semiconductor shortage, which reduced the global production of automobiles, Cerence continued to report growing revenues and strong demand for software licenses for its products. Cerence even touted its "visibility" into demand for its products by providing revenue guidance for fiscal year 2024, guidance that was a focus of securities analysts and that the Company raised significantly during the Class Period. The Class Action alleges that, during the Class Period, Defendants made materially false and misleading statements and failed to disclose material adverse facts about the Company's business, operations, and prospects in violation of the Exchange Act and SEC Rule 10b-5. Specifically, Defendants failed to disclose: (1) that the global semiconductor shortage had a materially negative impact on demand for Cerence's software licenses; (2) that Defendants masked the impact of the semiconductor shortage on demand for the Company's software licenses by pulling forward sales; and (3) that, as a result of the above, Defendants' statements about Cerence's business, operations, and prospects were false and misleading and/or lacked a reasonable basis. The truth began to emerge during Cerence's earnings call on November 22, 2021 for the fiscal fourth quarter of 2021 ended on September 30, 2021, causing Cerence's stock price to fall and investors to suffer substantial losses. On that call, Cerence announced revenue guidance for fiscal year 2022 that was well below analysts' expectations. In response to this revelation, Cerence's stock price fell more than 20 percent from a closing price of $104.06 the prior trading day, to a close of $82.59 on November 22, 2021. The Company's stock price continued to fall another 5% the following day to close at $78.27 on November 23, 2021. Then, approximately three weeks later, Cerence's Chief Executive Officer ("CEO") Sanjay Dhawan abruptly resigned. On this news, Cerence's stock price fell an additional 11% from a closing price of $78.08 on December 14, 2021 to a closing price of $69.20 on December 15, 2021. Finally, on February 7, 2022, the Company announced results for its fiscal first quarter of 2022 ended on December 31, 2021 and shocked the market with three disclosures. First, the Company announced that Chief Financial Officer Mark Gallenberger would be retiring, effective March 11, 2022. Next, during its earnings conference call, new CEO Stefan Ortmanns announced he had conducted a review of each of the Cerence business units' plans, forecasts, and assumptions, and determined the "conversion from bookings to revenue will take longer than expected." As a result, Cerence was forced to lower its fiscal year 2022 guidance, only a few months after providing disappointing guidance for the same period. Finally, Cerence completely withdrew the closely watched fiscal year 2024 guidance. On this news, Cerence's stock price fell an additional 30%, from a closing price of $63.58 on the prior trading day of February 4, 2022, to close at $43.61 on February 7, 2022. If you purchased Cerence common stock during the Class Period and were damaged thereby, you are a member of the "Class" and may be able to seek appointment as lead plaintiff. If you wish to apply to be lead plaintiff, a motion on your behalf must be filed with the U.S. District Court for the District of Massachusetts no later than April 26, 2022. The lead plaintiff is a court-appointed representative for absent members of the Class. You do not need to seek appointment as lead plaintiff to share in any Class recovery in the Class Action. If you are a Class member and there is a recovery for the Class, you can share in that recovery as an absent Class member. You may contact Lester Hooker (lhooker@saxenawhite.com), an attorney and Director at Saxena White P.A., to discuss your rights regarding the appointment of lead plaintiff or your interest in the Class Action. You also may retain counsel of your choice to represent you in the Class Action. You may obtain a copy of the Complaint and inquire about actively joining the Class Action at www.saxenawhite.com. Saxena White P.A., with offices in Florida, New York, California, and Delaware, is a leading national law firm focused on prosecuting securities class actions and other complex litigation on behalf of injured investors. Currently serving as lead counsel in numerous securities fraud class actions nationwide, Saxena White has recovered billions of dollars on behalf of injured investors. CONTACT INFORMATION Lester R. Hooker, Esq.lhooker@saxenawhite.com Saxena White P.A.7777 Glades Road, Suite 300Boca Raton, FL 33434Tel: (561) 206-6708Fax: (561) 394-3382www.saxenawhite.co [GN] DOUGLAS JEEP: Blanc Files Suit in M.D. Florida ---------------------------------------------- A class action lawsuit has been filed against Douglas Jeep, Inc. The case is styled as Erold Blanc, individually and on behalf of others similarly situated v. Douglas Jeep, Inc., Case No. 8:22-cv-00382-KKM-TGW (M.D. Fla., Feb. 15, 2022). The nature of suit is stated as Truth in Lending. Douglas Jeep -- https://www.douglasjcdr.net/ -- provides Sarasota drivers with genuine Chrysler, Dodge, Jeep and Ram vehicles and services.[BN] The Plaintiff is represented by: Jesse R. Butler, Esq. Andrew Charles Wilson, Esq. DICKINSON & GIBBONS, PA 401 N Cattlemen Rd Ste 300 Sarasota, FL 34232-6438 Phone: (941) 366-4680 Fax: (941) 365-2923 Email: jbutler@dglawyers.com awilson@dglawyers.com DRUG DARAPRIM: Robins Kaplan Announces Class Action Settlement -------------------------------------------------------------- If you are a Third-Party Payor and made payments or reimbursements for some or all of the purchase price of Daraprim from August 7, 2015, through January 28, 2022, you may be eligible for a payment from a class action settlement. A settlement providing for a total potential cash payment of up to $28 million has been proposed in a class action lawsuit brought on behalf of third-party payor entities that, for consumption by their members, employees, insureds, participants, or beneficiaries, and not for resale, indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of Daraprim between August 7, 2015, and January 28, 2022. The lawsuit, titled BCBSM, Inc. v. Vyera Pharmaceuticals, et al., No. 21-cv-1884-DLC, is pending in the United States District Court for the Southern District of New York (the "Court"). The Plaintiff in the lawsuit alleges that Defendants Vyera Pharmaceuticals, LLC and Phoenixus AG, Martin Shkreli, and Kevin Mulleady (collectively, the "Defendants") engaged in a scheme to thwart generic competition for Daraprim in violation of Sections 1 and 2 of the Sherman Act and various state antitrust, unjust enrichment, and consumer protection laws. Plaintiff has reached a proposed settlement that provides a minimum cash payment to the Settlement Class of $7 million and additional potential payments of up to $21 million for a total potential settlement amount of up to $28 million (the "Class Settlement Amount"). The Settlement is subject to Court approval. Who Is Included? The Settlement Class includes: All entities that, for consumption by their members, employees, insureds, participants, or beneficiaries, and not for resale, indirectly purchased, paid, and/or provided reimbursement for some or all of the purchase price of Daraprim between August 7, 2015, and January 28, 2022 (the "Settlement Class Period"). Excluded from the Settlement Class are the following: (a) Natural person consumers; (b) Defendants and their employees, affiliates, parents, and subsidiaries, whether or not named in the Complaint; (c) All federal and state governmental entities except for cities, towns, municipalities, or counties with self-funded prescription drug plans; (d) Fully insured health plans (i.e., health plans that purchased insurance covering 100% of their reimbursement obligation to members); and (e) Judges assigned to this case and any members of their immediate families. If you are a member of the Settlement Class, your rights will be affected by the pending lawsuit and the Settlement, and you may be entitled to share in the Settlement Fund. If you have not yet received the full printed Notice and Claim Form, you may obtain copies of these documents by contacting the Claims Administrator at Daraprim TPP Settlement, c/o A.B. Data, Ltd., P.O. Box 173115, Milwaukee, WI 53217, 1-877-316-0144. Copies of the Notice and Claim Form, as well as other documents related to this lawsuit and a related government lawsuit against Defendants, can also be downloaded from the website maintained by the Claims Administrator,www.DaraprimTPPsettlement.com. What Does the Settlement Provide? The proposed Settlement provides for a total Class Settlement Amount of up to $28,000,000. Attorneys' fees (not to exceed 30% of the funds received in the Class Settlement Fund), litigation expenses, service awards to Plaintiff, taxes, and notice and administration costs, as approved by the Court, will be deducted from the fund before distribution to Settlement Class Members. A more detailed description of the Class Settlement Amount is available in the Settlement Agreement available for download at www.DaraprimTPPsettlement.com. The Net Settlement Fund will be allocated to Settlement Class Members who submit valid Claim Forms based upon a Plan of Allocation to be approved by the Court. Under Plaintiff's proposed Plan of Allocation, the Net Settlement Fund will be distributed to Settlement Class Members who indirectly purchased, paid, and/or provided reimbursement for Daraprim in any of the following 36 states and territories during the Settlement Class Period: Arizona, Arkansas, California, District of Columbia, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wisconsin ("Eligible States"). The Net Settlement will be distributed on a pro rata basis to eligible claimants based on the amount they paid for Daraprim in the Eligible States during the Settlement Class Period, in proportion to the total amount that all eligible claimants paid for Daraprim in the Eligible States during the Settlement Class Period. How Do You Get a Payment? To receive a payment from the Settlement, simply fill out a Claim Form, and provide the information requested on the Claim Form, and mail it no later than June 1, 2022. A Claim Form is available at www.DaraprimTPPsettlement.com. What Are My Legal Rights and Options? If you are a Settlement Class Member, please review the full Notice, available at www.DaraprimTPPsettlement.com, concerning your rights and options. Only a summary is provided here. Remain in the Settlement Class and submit a Claim Form to get payment. Claim Forms must be postmarked (if mailed) or submitted online by June 1, 2022. You give up your right to sue and are bound by all Court orders. Exclude yourself ("opt out") from the Settlement Class. A written Request for Exclusion must be received by April 18, 2022. You retain your right to sue and you will not receive any payment as a result of this lawsuit. Please see the full Notice for information on how to request exclusion. Object to the Settlement, the proposed Plan of Allocation, and/or counsel's request for attorneys' fees and expenses. Written objections must be received by May 23, 2022. You give up your right to sue and are bound by all Court orders even if your objection is rejected. If you file an objection, you may appear at the Settlement Hearing to explain your objection, but you are not required to attend. Please see the full Notice for information on how to file an objection. Do nothing and remain in the Settlement Class. You give up your right to sue and are bound by all Court orders. You must submit a Claim Form to get a payment. The Court will determine whether to approve the Settlement, as well as any attorneys' fees and expenses, at a Settlement Hearing that will be held on June 17, 2022, at 10:00 a.m. The Court has appointed lawyers to represent you at no cost to you. You may choose to hire your own lawyer at your own expense. Inquiries, other than requests for the Notice and Claim Form, should be made to Interim Lead Counsel: INTERIM LEAD COUNSEL Kellie Lerner Benjamin Steinberg ROBINS KAPLAN LLP 900 3rd Ave, Suite #1900 New York, NY 10022 Telephone: (212) 980-7400 Facsimile: (212) 980-7499 klerner@robinskaplan.com bsteinberg@robinskaplan.com Requests for the Notice and Claim Form should be made to: Daraprim TPP Settlement c/o A.B. Data, Ltd. P.O. Box 173115 Milwaukee, WI 53217 1-877-316-0144 www.DaraprimTPPsettlement.com Cision View original content:https://www.prnewswire.com/news-releases/robins-kaplan-llp-announces-a-class-action-settlement-for-third-party-payors-that-made-payments-or-provided-reimbursement-for-the-drug-daraprim-from-august-7-2015-through-january-28-2022-301489974.html [GN] EL DORADO: Keller Suit Alleges Failure to Pay Overtime for Pumpers ------------------------------------------------------------------ DAVID KELLER, individually and on behalf of all others similarly situated, Plaintiff v. EL DORADO GAS & OIL, INC., Defendant, Case No. 1:22-cv-00042-TBM-RPM (S.D. Miss., March 1, 2022) is a class action against the Defendant for its failure to compensate the Plaintiff and similarly situated workers overtime pay for all hours worked in excess of 40 hours in a workweek in violation of the Fair Labor Standards Act. The Plaintiff has worked for the Defendant as a gauger/pumper on or about March 1, 2018 until the present. El Dorado Gas & Oil, Inc. is an oil and gas exploration company in Gulfport, Mississippi. [BN] The Plaintiff is represented by: Allen R. Vaught, Esq. VAUGHT FIRM, LLC 1910 Pacific Ave., Suite 9150 Dallas, TX 75201 Telephone: (972) 707-7816 Facsimile: (972) 591-4564 E-mail: avaught@txlaborlaw.com - and – Ricardo J. Prieto, Esq. Melinda Arbuckle, Esq. SHELLIST LAZARZ SLOBIN LLP 11 Greenway Plaza, Suite 1515 Houston, TX 77046 Telephone: (713) 621-2277 Facsimile: (713) 621-0993 E-mail: rprieto@eeoc.net marbuckle@eeoc.net FACEBOOK INC: Ngian Suit Transferred to N.D. California ------------------------------------------------------- The case styled as Wee Ann Ngian, individually and on behalf of all others similarly situated v. Facebook, Inc., Mark Zuckerberg, David M. Wehner, Defendants; KBC Asset Management NV, California Public Employee's Retirement System; Ohio Public Employees Retirement System; PFA Pension, Forsikringsaktieselskab; Movants, Case No. 1:21-cv-05976 was transferred from the U.S. District Court for the Eastern District of New York, to the U.S. District Court for the Northern District of California on Feb. 28, 2022. The District Court Clerk assigned Case No. 3:22-cv-01261-VC to the proceeding. The nature of suit is stated as Securities/Commodities for the Securities Exchange Act. Meta Platforms, Inc. -- https://www.facebook.com/ -- doing business as Meta and formerly known as Facebook, Inc., is an American multinational technology conglomerate based in Menlo Park, California.[BN] The Plaintiff is represented by: Laurence Matthew Rosen, Esq. THE ROSEN LAW FIRM, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 Phone: (213) 785-2610 Fax: (213) 226-4684 Email: lrosen@rosenlegal.com - and - Phillip Kim, Esq. THE ROSEN LAW FIRM 275 Madison Avenue, 40th Floor New York, NY 10016 Phone: (212) 686-1060 Fax: (212) 202-3827 Email: pkim@rosenlegal.com The Defendants are represented by: Charles S. Duggan, Esq. James Paul Rouhandeh, Esq. DAVIS POLK AND WARDWELL LLP 450 Lexington Avenue New York, NY 10017 Phone: (212) 450-4000 Email: charles.duggan@davispolk.com rouhande@dpw.com The Movants are represented by: William H. Narwold, Esq. MOTLEY RICE LLC 20 Church Street 17th Floor Hartford, CT 06103 Phone: (860) 882-1676 Fax: (860) 882-1682 Email: bnarwold@motleyrice.com - and - Jeroen Van Kwawegen, Esq. BERNSTEIN LITOWITZ BERGER GROSSMANN LLP 1251 Avenue of the Americas 44th Floor New York, NY 10020 Phone: (212) 554-1400 Fax: (212) 554-1444 Email: jeroen@blbglaw.com FAMILY DOLLAR: Perfecto Wage-and-Hour Suit Removed to C.D. Cal. --------------------------------------------------------------- The case styled JOSEPHINE PERFECTO, MARK BOULDIN, YVETTE SUMMONS, ASHLEY LEE, DANIEL MENJIVAR, CRYSTAL STALLINGS, individually and on behalf of all others similarly situated v. FAMILY DOLLAR, INC.; and DOES 1 through 50, inclusive, Case No. 21STCV47449, was removed from the Superior Court of the State of California, County of Los Angeles, to the U.S. District Court for the Central District of California on March 2, 2022. The Clerk of Court for the Central District of California assigned Case No. 2:22-cv-01410 to the proceeding. The case arises from the Defendant's alleged violations of the California Labor Code and the California's Business and Professions Code including failure to provide required meal periods, failure to provide required rest periods, failure to pay overtime wages, failure to pay minimum wages, failure to pay all wages due to discharged and quitting employees, failure to maintain required records, failure to furnish accurate itemized wage statements, failure to indemnify employees for necessary expenditures incurred in the discharge of duties, and unfair business practices. Family Dollar, Inc. is an American variety store chain company, headquartered in North Carolina. [BN] The Defendant is represented by: Elena R. Baca, Esq. Jennifer L. Milazzo, Esq. PAUL HASTINGS LLP 515 South Flower Street Twenty-Fifth Floor Los Angeles, CA 90071 Telephone: (213) 683-6000 Facsimile: (213) 627-0705 E-mail: elenabaca@paulhastings.com jennifermilazzo@paulhastings.com - and – Ryan D. Derry, Esq. PAUL HASTINGS LLP 101 California Street Forty-Eight Floor San Francisco, CA 94111 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 E-mail: ryanderry@paulhastings.com FITNESS INTERNATIONAL: Caringello TCPA Suit Goes to M.D. Florida ---------------------------------------------------------------- The case styled STEVEN CARINGELLO, individually and on behalf of all others similarly situated v. FITNESS INTERNATIONAL, LLC, Case No. 2022-CA-000270-NC, was removed from the Twelfth Judicial Circuit in and for Sarasota County, Florida, to the U.S. District Court for the Middle District of Florida on March 2, 2022. The Clerk of Court for the Middle District of Florida assigned Case No. 8:22-cv-00503-KKM-CPT to the proceeding. The case arises from the Defendant's alleged violation of the Telephone Consumer Protection Act by sending the Plaintiff and similarly situated individuals marketing text messages without obtaining prior written express consent. Fitness International, LLC is an operator of sports and fitness clubs in California. [BN] The Defendant is represented by: Sheldon A. Philp, Esq. WHITE & CASE LLP Southeast Financial Center 200 S. Biscayne Blvd., Suite 4900 Miami, FL 33131-2352 Telephone: (305) 371-2700 Facsimile: (305) 358-5744 E-mail: sphilp@whitecase.com FORD MOTOR: Berghuis Consumer Suit Removed to E.D. California ------------------------------------------------------------- The case styled VICTORIA BERGHUIS and MARGIE M. JORDON, individually and on behalf of all others similarly situated v. FORD MOTOR COMPANY, INC., and DOES 1 through 10, Case No. STK-CV-UBC-2021-0010957, was removed from the Superior Court of the State of California, County of San Joaquin, to the U.S. District Court for the Eastern District of California on March 2, 2022. The Clerk of Court for the Eastern District of California assigned Case No. 2:22-at-00243 to the proceeding. The case arises from the Defendant's alleged failure to properly identify and pay for repairs and replacement of transmissions in Ford brand Partial Zero Emissions Vehicles and Super Ultra Low Emissions Vehicles that received 0.2 Zero Emissions Credit from the California Air Resources Board. Ford Motor Company, Inc. is an American multinational automobile manufacturer headquartered in Dearborn, Michigan. [BN] The Defendant is represented by: Michael L. Turrill, Esq. HOGAN LOVELLS US LLP 1999 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067 Telephone: (310) 785-4600 Facsimile: (310) 785-4601 E-mail: Michael.turrill@hoganlovells.com FULCRUM RETAIL: Williams Files TCPA Suit in N.D. Texas ------------------------------------------------------ A class action lawsuit has been filed against Fulcrum Retail Energy LLC. The case is styled as Antonya V. Williams, on behalf of herself and all others similarly situated v. Fulcrum Retail Energy LLC doing business as: Amigo Energy, Case No. 3:22-cv-00460-S (N.D. Tex., Feb. 25, 2022). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Fulcrum Retail Energy LLC doing business as Amigo Energy -- https://amigoenergy.com/ -- is an electric utility seller in Texas.[BN] The Plaintiff is represented by: Alejandro Emmanuel Figueroa, Esq. Eric Donald Coleman, Esq. Nathan Charles Volheim, Esq. SULAIMAN LAW GROUP LTD. 2500 S. Highland Avenue, Suite 200 Lombard, IL 60148 Phone: (630) 575-8181 x120 Fax: (630) 575-8188 Email: afigueroa@sulaimanlaw.com ecoleman@sulaimanlaw.com nvolheim@sulaimanlaw.com GOODYEAR TIRE: Franco Employment Suit Removed to N.D. California ---------------------------------------------------------------- The case styled LUIS FRANCO, individually and on behalf of all others similarly situated v. THE GOODYEAR TIRE AND RUBBER COMPANY and DOES 1-5, Case No. 22CV393403, was removed from the Superior Court of the State of California, County of Santa Clara, to the U.S. District Court for the Northern District of California on March 2, 2022. The Clerk of Court for the Northern District of California assigned Case No. 5:22-cv-01320 to the proceeding. The case arises from the Defendant's alleged violations of the California Labor Code and the California's Business and Professions Code including failure to pay proper premiums for non-compliant meal and rest periods, failure to provide rest periods, failure to provide accurate itemized wage statements, failure to pay earned wages upon separation, and unfair business practices. The Goodyear Tire and Rubber Company is an American multinational tire manufacturing company, headquartered in Akron, Ohio. [BN] The Defendant is represented by: Sarah E. Ross, Esq. Alexandra Bernstein, Esq. LITTLER MENDELSON, P.C. 2049 Century Park East, 5th Floor Los Angeles, CA 90067-3107 Telephone: (310) 553-0308 Facsimile: (310) 553-5583 E-mail: sross@littler.com abernstein@littler.com GSF USA: Solis BIPA Class Action Suit Removed to N.D. Illinois -------------------------------------------------------------- The case styled HUGO SOLIS, individually and on behalf of all others similarly situated v. GSF USA, INC., Case No. 2021-CH-06284, was removed from the Circuit Court of Cook County, Illinois, County Department, Chancery Division, to the U.S. District Court for the Northern District of Illinois on March 2, 2022. The Clerk of Court for the Northern District of Illinois assigned Case No. 1:22-cv-01096 to the proceeding. The case arises from the Defendant's alleged violation of the Illinois Biometric Information Privacy Act by collecting, capturing, storing, and/or sharing its employees' fingerprints. GSF USA, Inc. is a global cleaning services company based in Indiana. [BN] The Defendant is represented by: Jody Kahn Mason, Esq. Quinn P. Donnelly, Esq. JACKSON LEWIS P.C. 150 North Michigan Avenue, Suite 2500 Chicago, IL 60601 Telephone: (312) 787-4949 E-mail: Jody.Mason@jacksonlewis.com Quinn.Donnelly@jacksonlewis.com HANNAH'S SOUTHERN: Colamarino Sues Over Unpaid Wages for Staff -------------------------------------------------------------- LENA COLAMARINO, on behalf of herself and all others similarly situated, Plaintiff v. HANNAH'S SOUTHERN BISTRO, LLC and THOMAS "TOMMY" MCCOY, JR., Defendants, Case No. 3:22-cv-00061-MJN-CHG (S.D. Ohio, March 1, 2022) is a class action against the Defendants for violations of the Fair Labor Standards Act, Ohio Constitution and the Ohio Minimum Fair Wage Standards Act by failing to compensate the Plaintiff and similarly situated employees appropriate minimum wages and failing to timely pay wages. The Plaintiff worked for the Defendants as a non-exempt employee from February 7 to 10, 2022. Hannah's Southern Bistro, LLC is a restaurant owner and operator based in Ohio. [BN] The Plaintiff is represented by: Stephen E. Imm, Esq. Matthew S. Okiishi, Esq. FINNEY LAW FIRM, LLC 4270 Ivy Pointe Blvd., Suite 225 Cincinnati, OH 45245 Telephone: (513) 943-5678 Facsimile: (513) 943-6669 E-mail: stephen@finneylawfirm.com matt@finneylawfirm.com HOLIDAY HOSPITALITY: Aaron Hotel Suit Transferred to N.D. Georgia ----------------------------------------------------------------- The case styled AARON HOTEL GROUP, LLC, individually and on behalf of all others similarly situated v. HOLIDAY HOSPITALITY FRANCHISING, LLC, SIX CONTINENTS HOTELS, INC. d/b/a INTERCONTINENTAL HOTELS GROUP, and IHG OWNERS ASSOCIATION, INC., Case No. 3:21-cv-00727, was transferred from the U.S. District Court for the District of Connecticut to the U.S. District Court for the Northern District of Georgia on February 28, 2022. The Clerk of Court for the Northern District of Georgia assigned Case No. 1:22-cv-00838-ELR to the proceeding. The case arises from the Defendants' alleged breach of contract, breach of fiduciary duty, and violations of the Connecticut Unfair Trade Practices Act and the Sherman Act by requiring hotel franchisees to exclusively use certain mandated vendors and suppliers for the purchase of goods and services necessary to run a hotel. Aaron Hotel Group, LLC is an operator of a franchise hotel, specifically a Holiday Inn Express & Suites located at 600 Spring Street in Windsor Locks, Connecticut. Six Continents Hotels, Inc., doing business as Intercontinental Hotels Group, is a hotel company based in Atlanta, Georgia. Holiday Hospitality Franchising, LLC is a franchising affiliate of Six Continents Hotels, Inc., headquartered in Atlanta, Georgia. IHG Owners Association, Inc. is an agent and representative of Six Continents Hotels, Inc., headquartered in Atlanta, Georgia. [BN] The Plaintiff is represented by: Justin E. Proper, Esq. WHITE AND WILLIAMS, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 Telephone: (215) 864-7165 E-mail: properj@whiteandwilliams.com - and – Andrew P. Bleiman, Esq. Mark Fishbein, Esq. MARKS & KLEIN, LLP 1363 Shermer Road, Suite 318 Northbrook, IL 60062 Telephone: (312) 206-5162 Facsimile: (732) 219-0625 E-mail: andrew@marksklein.com mark@ marksklein.com - and – Justin M. Klein, Esq. MARKS & KLEIN, LLP 63 Riverside Avenue Red Bank, NJ 07701 Telephone: (732) 747-7100 Facsimile: (732) 219-0625 E-mail: justin@marksklein.com HOME DEPOT: White Labor Code Suit Moved From C.D. to S.D. Cal. -------------------------------------------------------------- The case styled NYIESHA WHITE, individually and on behalf of all others similarly situated v. HOME DEPOT U.S.A., INC., and DOES 1 to 100, inclusive, Case No. 2:21-cv-08753, was transferred from the U.S. District Court for the Central District of California to the U.S. District Court for the Southern District of California on March 1, 2022. The Clerk of Court for the Southern District of California assigned Case No. 3:22-cv-00276-AJB-AGS to the proceeding. The case arises from the Defendant's alleged violations of the California Labor Code and the California' Business and Professions Code including failure to pay minimum wage, failure to pay overtime wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to provide wages when due, and unfair competition. Home Depot U.S.A., Inc., is a home improvement retailer in the United States, headquartered in Atlanta, Georgia. [BN] The Defendant is represented by: Barbara J. Miller, Esq. John D. Hayashi, Esq. Samuel S. Sadeghi, Esq. MORGAN, LEWIS & BOCKIUS LLP 600 Anton Boulevard, Suite 1800 Costa Mesa, CA 92626-7653 Telephone: (714) 830-0600 Facsimile: (714) 830-0700 E-mail: barbara.miller@morganlewis.com john.hayashi@morganlewis.com sam.sadeghi@morganlewis.com ICELANDIC PROVISIONS: Steinberg Files Suit in U.S. Ct. of Appeals ----------------------------------------------------------------- A class action lawsuit has been filed against Icelandic Provisions, Inc. The case is styled as Rivka Steinberg, individually and on behalf of all others similarly situated, Plaintiff - Appellant v. Icelandic Provisions, Inc., Defendant - Appellee, Case No. 22-15287 (U.S. Ct. of Appeals, 19th Cir., Feb. 28, 2022). The nature of suit is stated as Other Fraud. Icelandic Provisions -- https://www.icelandicprovisions.com/ -- produces dairy products made of pure ingredients.[BN] The Plaintiff - Appellant is represented by: George Granade, Esq. REESE LLP 8484 Wilshire Boulevard, Suite 515 Los Angeles, CA 90211 Phone: 310-393-0070 - and - Michael Reese, Esq. REESE, LLP 100 W 93rd Street, 16th Floor New York, NY 10025 Personal: 212-594-5300 The Defendant – Appellee is represented by: Michael E. Bowlus, Esq. COVINGTON & BURLING, LLP 415 Mission Street, Suite 5400 San Francisco, CA 94105-2533 Personal: 415-591-7014 - and - Steven Rosenbaum, Esq. COVINGTON & BURLING LLP 850 Tenth Street NW Washington, DC 20001-4956 Personal: 202-662-6000 INTERNATIONAL HOUSE: Court Approves Briefing Schedule in Wallace ---------------------------------------------------------------- In the class action lawsuit captioned as NIQUAN WALLACE, v. INTERNATIONAL HOUSE OF PANCAKES LLC, TRIHOP MANAGEMENT LLC, TRIHOP 177TH STREET LLC, TRIHOP 14TH STREET LLC, TRIHOP 69TH STREET LLC, JOHN DOE LLC, BEN ASHKENAZY, EDWARD SCANNAPIECO, and KWESI THOMAS, Case No. 1:21-cv-06993-MKV (S.D.N.Y.), the Hon. Judge Mary Kay Vyskocil entered an order setting briefing schedule as follows: -- Opening Brief March 11, 2022 -- Defendants' Opposition April 11, 2022 -- Plaintiffs' Reply April 25, 2022 The Plaintiff intends to move for collective action pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. section 216(b) on behalf of all employees of the Defendants who have been subject to a common and unified policy of unpaid minimum wage and overtime wages, uniform mainteance and costs damages, liquidated damages, prejudgment and post-judgment interest; attorney's fees and cost under the FLSA and the New York Labor Law (NYLL) all of which caused the Defendants' employees substantial economic harm. IHOP is an American multinational pancake house restaurant chain that specializes in breakfast foods. It is owned by Dine Brands Global—a company formed after IHOP's purchase of Applebee's, with 99% of the restaurants run by independent franchisees. A copy of the Court's order dated Feb. 23, 2021 is available from PacerMonitor.com at https://bit.ly/35vmqou at no extra charge.[CC] The Plaintiff is represented by: John Troy, Esq. TROY LAW, PLLC Telephone: (718) 762-1324 Facsimile: (718) 762-1342 41-25 Kissena Boulevard, Suite 103 Flushing, NY 11355 E-mail: johntroy@troypllc.com JENNIFER YEN BEAUTY: Slade Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Jennifer Yen Beauty, Inc. The case is styled as Linda Slade, individually and as the representative of a class of similarly situated persons v. Jennifer Yen Beauty, Inc. doing business as: Purlisse, Case No. 1:22-cv-01664 (S.D.N.Y., Feb. 28, 2022). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Jennifer Yen Beauty, Inc. doing business as Purlisse -- https://purlisse.com/ -- is reinventing time-tested Asian rituals into high-performing, multi-tasking modern essentials.[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 JOHN BEL EDWARDS: Johnson Suit Transferred to E.D. Louisiana ------------------------------------------------------------ The case styled as Donald Johnson, on behalf of themselves and all similarly situated individuals v. John Bel Edwards, in his official capacity as Governor of the State of Louisiana; James LeBlanc, in his official capacity as Secretary of the Department of Public Safety and Corrections; Gerald A Turlich, in his official capacity as Sheriff; Denise Narcisse, Warden, Plaquemines Parish Detention Center in her official capacity; Byron Williams, Major, Warden, Plaquemines Parish Detention Center in his official capacity Case No. 3:22-cv-00077 was transferred from the U.S. District Court for the Middle District of Louisiana, to the U.S. District Court for the Eastern District of Louisiana on Feb. 25, 2022. The District Court Clerk assigned Case No. 2:22-cv-00483-JCZ-DPC to the proceeding. The nature of suit is stated as Prisoner Petitions (Prison Condition) for Prisoner Civil Rights. John Bel Edwards is an American politician and attorney serving as the 56th governor of Louisiana.[BN] The Plaintiff appears pro se. JUUL LABS: Causes Youth E-Cigarette Crisis, Holt Suit Alleges ------------------------------------------------------------- HOLT PUBLIC SCHOOLS, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01234 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Holt Public Schools is a unified school district with its offices located at 5780 Holt Road in Holt, Michigan. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Dalton Local Sues Over Deceptive E-Cigarette Youth Ads ----------------------------------------------------------------- DALTON LOCAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01249 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Dalton Local School District is a unified school district with its offices located at 177 N Mill Street in Dalton, Ohio. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: E-Cigarette Ads Target Youth, Batavia City Suit Says --------------------------------------------------------------- BATAVIA CITY SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01241 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Batavia City School District is a unified school district with its offices located at 260 State Street in Batavia, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Faces Canyons Suit Over E-Cigarette Campaign to Youth ---------------------------------------------------------------- CANYONS SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01228-WHO (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, the suit says. Canyons School District is a unified school district with its offices located at 9361 South 300 East in Sandy, Utah. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Faces Sun Prairie Suit Over Youth E-Cigarette Addiction ------------------------------------------------------------------ SUN PRAIRIE AREA SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01250-WHO (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Sun Prairie Area School District is a unified school district with its offices located at 501 South Bird Street in Sun Prairie, Wisconsin. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Grand Haven Sues Over Youth's E-Cigarette Addiction -------------------------------------------------------------- GRAND HAVEN AREA PUBLIC SCHOOLS, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01231 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Grand Haven Area Public Schools is a unified school district with its offices located at 1415 South Beechtree Street in Grand Haven, Michigan. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Hamilton Central Sues Over E-Cigarette Crisis in N.Y. ---------------------------------------------------------------- HAMILTON CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01254 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Hamilton Central School District is a unified school district with its offices located at 47 West Kendrick Ave in Hamilton, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Madrid-Waddington Sues Over Youth's Nicotine Addiction ----------------------------------------------------------------- MADRID-WADDINGTON CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01244-WHO (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Madrid-Waddington Central School District is a unified school district with its offices located at 2582 State Highway 345 in Madrid, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Markets E-Cigarette to Youth, Dowagiac Union Claims -------------------------------------------------------------- DOWAGIAC UNION SCHOOLS, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01239 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Dowagiac Union Schools is a unified school district with its offices located at 243 South Front in Dowagiac, Michigan. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Mexico Academy Suit Claims E-Cigarette's Risks to Youth ------------------------------------------------------------------ MEXICO ACADEMY AND CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01247-WHO (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Mexico Academy and Central School District is a unified school district with its offices located at 16 Fravor Road in Mexico, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Muskegon Sues Over Youth E-Cigarette Epidemic in Mich. ----------------------------------------------------------------- MUSKEGON PUBLIC SCHOOLS, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01235 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Muskegon Public Schools is a unified school district with its offices located at 1458 5th Street in Muskegon, Michigan. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Pine River Area Sues Over Deceptive E-Cigarette Campaign ------------------------------------------------------------------- PINE RIVER AREA SCHOOLS, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01233 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Pine River Area Schools is a unified school district with its offices located at 17445 Pine River Road in Leroy, Michigan. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: Poland Central Sues Over Youth E-Cigarette Epidemic -------------------------------------------------------------- POLAND CENTRAL SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01246 (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, the suit says. Poland Central School District is a unified school district with its offices located at 74 Cold Brook Street in Poland, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com JUUL LABS: The Rockingham Sues Over Youth Health Crisis in N.C. --------------------------------------------------------------- THE ROCKINGHAM COUNTY SCHOOLS ADMINISTRATIVE UNIT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC.; ALTRIA GROUP, INC.; PHILIP MORRIS USA, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; and RIAZ VALANI, Defendants, Case No. 3:22-cv-01238-WHO (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of North Carolina Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, the suit contends. The Rockingham County Schools Administrative Unit is a school district with its offices located on 511 Harrington Highway, Eden, North Carolina. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: John Fiske, Esq. BARON & BUDD, P.C. 11440 West Bernardo Court, Suite 265 San Diego, CA 92127 Telephone: (858) 251-7424 E-mail: jfiske@baronbudd.com - and – Khaldoun A. Baghdadi, Esq. Conor M. Kelly, Esq. WALKUP, MELODIA, KELLY & SCHOENBERGER 650 California Street San Francisco, CA 94108 E-mail: kbaghdadi@walkuplawoffice.com - and – Philip C. Federico, Esq. Brent P. Ceryes, Esq. Matthew P. Legg, Esq. SCHOCHOR, FEDERICO & STATON, P.A. The Paulton 1211 St. Paul Street Baltimore, MD 21202 E-mail: pfederico@sfspa.com - and – Janet Ward Black, Esq. WARD BLACK LAW 208 W. Wendover Avenue Greensboro, NC 27401 E-mail: jwblack@wardblacklaw.com JUUL LABS: Town of Webb Union Sues Over Youth E-Cigarette Crisis ---------------------------------------------------------------- TOWN OF WEBB UNION FREE SCHOOL DISTRICT, on behalf of itself and all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case No. 3:22-cv-01255-WHO (N.D. Cal., February 28, 2022) is a class action against the Defendants for negligence, gross negligence, and violations of Public Nuisance Law and the Racketeer Influenced and Corrupt Organizations Act. According to the complaint, the Defendants used three tactics to maintain market dominance in the cigarette industry: (1) product design to maximize addiction, (2) mass deception, and (3) targeting of youth. Defendants JUUL Labs and Adam Bowen designed an e-cigarette device allegedly intended to create and sustain addiction, but without the stigma associated with cigarettes and promoted them to vulnerable young population. JUUL Labs and other Defendants developed and implemented a marketing scheme to mislead users into believing that JUUL products contained less nicotine than they actually do and were healthy and safe. The Defendants enticed newcomers to nicotine with kid-friendly flavors without ensuring the flavoring additives were safe for inhalation. The Defendants targeted the youth market by placing vaporized campaigns on youth-oriented websites and media and using influencers and affiliates to amplify their message to a teenage audience. The Defendants have successfully caused more young people to start using e-cigarettes, creating a youth e-cigarette epidemic and public health crisis, says the suit. Town of Webb Union Free School District is a unified school district with its offices located at 3002 Main Street in Old Forge, New York. JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American electronic cigarette company, with its principal place of business in San Francisco, California. Altria Group, Inc. is a producer of tobacco products, with its principal place of business in Richmond, Virginia. Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria Group, Inc., with its principal place of business in Richmond, Virginia. Altria Client Services LLC is a tobacco company, with its principal place of business in Richmond, Virginia. Altria Group Distribution Company is a tobacco company, with its principal place of business in Richmond, Virginia. [BN] The Plaintiff is represented by: James Frantz, Esq. William B. Shinoff, Esq. FRANTZ LAW GROUP, APLC 402 W. Broadway, Ste. 860 San Diego, CA 92101 Telephone: (619) 233-5945 Facsimile: (619) 525-7672 E-mail: jpf@frantzlawgroup.com wshinoff@frantzlawgroup.com NEW ORIENTAL: Kessler Topaz Reminds of April 5 Deadline ------------------------------------------------------- The law firm of Kessler Topaz Meltzer & Check, LLP (www.ktmc.com) informs investors that a securities class action lawsuit has been filed in the United States District Court for the Southern District of New York against New Oriental Education & Technology Group Inc. ("New Oriental") (NYSE: EDU). The action charges New Oriental with violations of the federal securities laws, including omissions and fraudulent misrepresentations relating to the company's business, operations, and prospects. As a result of New Oriental's materially misleading statements to the public, New Oriental investors have suffered significant losses. Kessler Topaz is one of the world's foremost advocates in protecting the public against corporate fraud and other wrongdoing. Our securities fraud litigators are regularly recognized as leaders in the field individually and our firm is both feared and respected among the defense bar and the insurance bar. We are proud to have recovered billions of dollars for our clients and the classes of shareholders we represent. CLICK https://bit.ly/3hUijoN TO SUBMIT YOUR NEW ORIENTAL LOSSES. YOU CAN ALSO CLICK ON THE FOLLOWING LINK OR COPY AND PASTE IN YOUR BROWSER: https://www.ktmc.com/edu-class-action-lawsuit?utm_source=PR&utm_medium=link&utm_campaign=edu LEAD PLAINTIFF DEADLINE: April 5, 2022 CLASS PERIOD: April 24, 2018 through July 22, 2021 CONTACT AN ATTORNEY TO DISCUSS YOUR RIGHTS: James Maro, Esq. (484) 270-1453 or Email at info@ktmc.com NEW ORIENTAL'S ALLEGED MISCONDUCT New Oriental provides educational programs, services and products to students across the People's Republic of China ("China") and delivers online courses through its online learning platforms. On June 1, 2021, Chinese regulators announced they had fined 15 off-campus training institutions, including New Oriental, for illegal activities such as false advertising and fraud. Among the violations were reportedly fabricating teacher qualifications, exaggerating the effects of training, and fabricating user reviews. Following this news, the price of New Oriental American Depository Shares ("ADSs") dropped from $11.09 on June 1, 2021, to $9.32 on June 3, 2021, a 16% decline over the two-day period. Then, on July 23, 2021, China unveiled a sweeping overhaul of its education sector, banning companies that teach the school curriculum from making profits, raising capital or going public. This drastic measure effectively ended any potential growth in the for-profit tutoring sector in China. Following this news, the price of New Oriental ADSs fell from $6.40 on July 22, 2021 to just $1.94 by market close on July 26, 2021, a nearly 70% decline. WHAT CAN I DO? New Oriental investors may, no later than April 5, 2022 seek to be appointed as a lead plaintiff representative of the class through Kessler Topaz Meltzer & Check, LLP or other counsel, or may choose to do nothing and remain an absent class member. Kessler Topaz Meltzer & Check, LLP encourages New Oriental investors who have suffered significant losses to contact the firm directly to acquire more information. WHO CAN BE A LEAD PLAINTIFF? A lead plaintiff is a representative party who acts on behalf of all class members in directing the litigation. The lead plaintiff is usually the investor or small group of investors who have the largest financial interest and who are also adequate and typical of the proposed class of investors. The lead plaintiff selects counsel to represent the lead plaintiff and the class and these attorneys, if approved by the court, are lead or class counsel. Your ability to share in any recovery is not affected by the decision of whether or not to serve as a lead plaintiff. ABOUT KESSLER TOPAZ MELTZER & CHECK, LLP Kessler Topaz Meltzer & Check, LLP prosecutes class actions in state and federal courts throughout the country and around the world. The firm has developed a global reputation for excellence and has recovered billions of dollars for victims of fraud and other corporate misconduct. All of our work is driven by a common goal: to protect investors, consumers, employees and others from fraud, abuse, misconduct and negligence by businesses and fiduciaries. At the end of the day, we have succeeded if the bad guys pay up, and if you recover your assets. The complaint in this action was not filed by Kessler Topaz Meltzer & Check, LLP. For more information about Kessler Topaz Meltzer & Check, LLP please visit www.ktmc.com. [GN] NOVAVAX INC: Amended Complaint Due Friday ----------------------------------------- Novavax, Inc. said in its Annual Report on Form 10-K filed with the U.S. Securities and Exchange Commission for the fiscal year ended December 31, 2021, that the co-lead plaintiffs in a purported class action lawsuit alleging securities law violations have been ordered by the court to file an amended complaint by March 11, 2022. The Company's response to the amended complaint is due April 25, 2022. Novavax disclosed that Sothinathan Sinnathurai filed a purported class action in the U.S. District Court for the District of Maryland against Novavax and certain members of the company's senior management, captioned Sothinathan Sinnathurai v. Novavax, Inc., et al., No. 8:21-cv-02910-TDC (D. Md.), on November 12, 2021. The Sinnathurai Action alleges that the defendants made certain purportedly false and misleading statements concerning NVX-CoV2373, including concerning the Company's manufacturing capabilities and NVX-CoV2373's regulatory and commercial prospects. The purported class is defined as those who purchased or otherwise acquired Novavax securities between March 2, 2021, and October 19, 2021. The complaint demands an award of damages on behalf of the purported class and attorneys' fees incurred in connection with the litigation. On January 26, 2022, the Court entered an order designating David Truong, Nuggehalli Balmukund Nandkumar, and Jeffrey Gabbert as co-lead plaintiffs in the Sinnathurai Action. After the Sinnathurai Action was filed, three derivative lawsuits were filed and are currently pending in the U.S. District Court for the District of Maryland: Robert E. Meyer v. Stanley C. Erck, et al., No. 8:21-cv-02996-TDC, Shui Shing Yung v. Stanley C. Erck, et al., No. 8:21-cv-03248-TDC, and William Kirst, et al. v. Stanley C. Erck, et al., No. 8:22-cv-00024-TDC. The derivative lawsuits name members of the board of directors and certain members of senior management as defendants. Novavax is deemed a nominal defendant. The derivative plaintiffs assert derivative claims arising out of substantially the same alleged facts and circumstances as the Sinnathurai Action. Collectively, the derivative complaints assert claims for breach of fiduciary duty, insider selling, unjust enrichment, violation of federal securities law, abuse of control, waste, and mismanagement. Plaintiffs seek declaratory and injunctive relief, as well as an award of monetary damages and attorneys' fees. Novavax removed the Kirst Action from the Circuit Court for Montgomery County, Maryland. On February 7, 2022, the plaintiffs in the Kirst Action filed a motion to remand the action to state court and, in response, the Company has filed an opposition. The Court also entered an order tolling the defendants' time to respond to the complaints in the Meyer and Yung Actions pending submission of a joint proposed briefing schedule on any anticipated motion practice in those cases by March 25, 2022. On February 4, 2022, the Court entered an order consolidating the Meyer and Yung Actions. Gaithersburg, Md.-based Novavax, Inc., together with its wholly owned subsidiaries, Novavax AB and Novavax CZ, is a biotechnology company that promotes improved health globally through the discovery, development and commercialization of innovative vaccines to prevent serious infectious diseases. NY TEX CARE: Faces Cuzco Wage-and-Hour Suit in E.D.N.Y. ------------------------------------------------------- MANUEL CUZCO, on behalf of himself and all others similarly situated, Plaintiff v. NY TEX CARE INC. dba Green White Dry Cleaners and INSUN YUN, Defendants, Case No. 1:22-cv-01104 (E.D.N.Y., March 1, 2022) is a class action against the Defendants for violations of the Fair Labor Standards Act, Ohio Constitution and the New York Labor Law including failure to pay overtime wages, failure to pay spread-of-hours premium, and failure to provide accurate wage notice. Mr. Cuzco was employed as a deliveryman and store clerk by the Defendants in New York from July 2017 through September 15, 2021. NY Tex Care Inc., doing business as Green White Dry Cleaners, is a dry cleaning services provider based in Long Island City, New York. [BN] The Plaintiff is represented by: Ryan Kim, Esq. 222 Bruce Reynolds Blvd., Suite 490 Fort Lee, NJ 07024 Telephone: (718) 573-1111 E-mail: ryan@ryankimlaw.com PATZERIA FAMILY: Bocel Seeks More Time to File Class Cert. Reply ---------------------------------------------------------------- In the class action lawsuit captioned as Ricardo Bocel v. Patzeria Family & Friends Inc. et al., Case No. 1:21-cv-07384-LGS (S.D.N.Y.), the Plaintiff asks the Court to enter an order extending the time to file a reply in support of his motion for conditional certification. Pursuant to the briefing schedule set by Your Honor’s order dated January 3, 2022, the Plaintiff's reply is due on or before February 25, 2022. "Because of delays we are encountering in translating back and forth into Spanish for Plaintiff, we respectfully request a one-week extension of the filing deadline, to March 4, 2022. This is the first such request," the Plaintiff counsel says. A copy of the Plaintiff's motion dated Feb. 24, 2021 is available from PacerMonitor.com at https://bit.ly/3ttlnxj at no extra charge.[CC] The Plaintiff is represented by: Nicole Grunfeld. Esq. KATZ MELINGER PLLC www.katzmelinger.com 280 madison Avenue, suite 600 New York, NY 10016 Telephone: (212) 460-0047 Facsimile: (212) 428-6811 E-mail: ndgrunfeld@katzmelinger.com PELOTON INTERACTIVE: Cohen Labor Suit Removed to C.D. California ---------------------------------------------------------------- The case styled MARK COHEN, individually and on behalf of all others similarly situated v. PELOTON INTERACTIVE, INC.; and DOES 1 through 50, inclusive, Case No. 22STCV00201, was removed from the Superior Court of the State of California, County of Los Angeles, to the U.S. District Court for the Central District of California on March 2, 2022. The Clerk of Court for the Central District of California assigned Case No. 2:22-cv-01425 to the proceeding. The case arises from the Defendant's alleged violations of the California Labor Code and the California's Business and Professions Code including failure to authorize or permit meal periods or timely meal periods, failure to authorize or permit rest periods, failure to provide complete and accurate wage statements, failure to pay all overtime and minimum wages, failure to pay all wages for all time worked, failure to pay all accrued and vested vacation, failure to adequately indemnify employees for employment-related losses/expenditures, failure to timely pay all earned wages and final paychecks due at the time of separation of employment, and unfair business practices. Peloton Interactive, Inc. is an American exercise equipment and media company based in New York, New York. [BN] The Defendant is represented by: Danielle J. Moss, Esq. GIBSON, DUNN & CRUTCHER LLP 200 Park Avenue New York, NY 10166-0193 Telephone: (212) 351-4000 Facsimile: (212) 351-4035 E-mail: dmoss@gibsondunn.com - and – Megan Cooney, Esq. Lauren M. Fischer, Esq. GIBSON, DUNN & CRUTCHER LLP 3161 Michelson Drive Irvine, CA 92612-4412 Telephone: (949) 451-3800 Facsimile: (949) 451-4220 E-mail: mcooney@gibsondunn.com lfischer@gibsondunn.com PRIMA INVESTMENTS: $5.6MM Class Settlement to be Heard on April 25 ------------------------------------------------------------------ CIRCUIT COURT OF FLORIDA ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY THE ARBITRAGE FUND, on behalf of itself and all other similarly situated shareholders of EXACTECH, INC., Plaintiff, v. WILLIAM PETTY, BETTY PETTY, DAVID PETTY, PRIMA INVESTMENTS, INC., PRIMA INVESTMENTS, L.P., JAMES G. BINCH, ANDREW KRUSEN, JR., WILLIAM B. LOCANDER, RICHARD C. SMITH, and FERN S. WATTS, Defendants. Complex Business Litigation Section Case No. 2018-004061 Section: CA 44 CLASS REPRESENTATION SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION AND MOTION FOR ATTORNEYS' FEES AND EXPENSES To: All individuals and entities that held Exactech, Inc. ("Exactech" or the "Company") common stock shares as of January 12, 2018 and were entitled to vote those shares in favor or against the Merger Agreement with affiliates of TPG Capital, L.P. on February 13, 2018, excluding Defendants and all members of their immediate families and excluding Rollover Investors (those shareholders entitled to receive equity in the new, privately held company) and all members of their immediate families (as defined fully in the Notice, the "Class"). YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Circuit Court of the Eleventh Judicial Circuit of Florida, Miami-Dade County, that Plaintiff The Arbitrage Fund, on behalf of itself and all members of the certified Class, and defendants William Petty, David Petty, Betty Petty, Prima Investments, Inc., Prima Investments, L.P., James G. Binch, Andrew Krusen, Jr., William B. Locander, Richard C. Smith, and Fern S. Watts (collectively, "Defendants"), have reached a proposed settlement of the claims in the above-captioned class action (the "Action") in the amount of $5,600,000 (the "Settlement"). A virtual hearing will be held before the Honorable Alan Fine, on April 25, 2022 at 2:15 p.m. on the Zoom platform (the "Settlement Fairness Hearing") to determine whether the Court should: (i) approve the proposed Settlement as fair, reasonable and adequate; (ii) dismiss the Action with prejudice as provided in the Stipulation and Agreement of Compromise, Settlement and Release, dated February 4, 2022 ("Stipulation"); (iii) approve the proposed plan of allocation for distribution of the proceeds of the Settlement (the "Net Common Fund") among Authorized Claimants and (iv) approve Class Counsel's Fee and Expense Application. A virtual hearing will also be held before the Honorable Alan Fine, immediately prior to the Settlement Fairness Hearing, on April 25, 2022, at 2:00 p.m. on the Zoom platform (the "Rule 1.250(b) Hearing") to determine whether certain defendants (Exactech's Outside Directors) may be dropped from the case prior to the entry of Final Judgment. For information needed to connect to the Rule 1.250(b) Hearing and the Settlement Fairness Hearing, please check the website for the Settlement, www.ExactechShareholderSettlement.com, on the day of the hearings or refer to Judge Fine's webpage. The Court may change the date of the Settlement Fairness Hearing and/or the Rule 1.250(b) Hearing without providing another notice. You do NOT need to participate at the Settlement Fairness Hearing to receive a distribution from the Net Common Fund. IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A MONETARY PAYMENT. If you have not yet received a full Notice and Claim Form, you may obtain copies of these documents by visiting the website for the Settlement, www.ExactechShareholderSettlement.com, or by contacting the Settlement Administrator at: Exactech Shareholder Litigation Settlement c/o A.B. Data, Ltd. P.O. Box 173056 Milwaukee, WI 53217 877-315-0587 Inquiries, other than requests for information about the status of a claim, may also be made to Class Counsel: Andrew J. Entwistle, Esq. ENTWISTLE & CAPPUCCI LLP 500 West 2nd Street, Suite 1900-16 Austin, TX 78701 Telephone: (512) 710-5960 Facsimile: (212) 894-7272 If you are a Class Member, to be eligible to share in the Distribution of the Net Common Fund, you must submit a Claim Form postmarked or submitted online no later than July 5, 2022. If you are a Class Member and do not timely submit a valid Claim Form, you will not be eligible to share in the Distribution of the Net Common Fund, but you will nevertheless be bound by all of the terms of the Stipulation, and all of the terms of any judgments or orders entered by the Court relating to the Settlement, whether favorable or unfavorable. If you are a Class Member and wish to exclude yourself from the Class, you must file with the Court a written request for exclusion in accordance with the instructions set forth in the Notice no later than April 18, 2022. If you properly exclude yourself from the Class, you will not be bound by any judgments or orders entered by the Court relating to the Settlement, whether favorable or unfavorable, and you will not be eligible to share in the Distribution of the Net Common Fund. Any objections to the proposed Settlement, Class Counsel's Fee and Expense Application and/or the proposed plan of allocation must be filed with the Court, either by mail or in person, and be mailed to counsel for the Parties in accordance with the instructions in the Notice, such that they are received no later than April 4, 2022. PLEASE DO NOT CONTACT THE COURT, DEFENDANTS OR DEFENDANTS' COUNSEL REGARDING THIS NOTICE. BY ORDER OF THE COURT CIRCUIT COURT OF FLORIDA ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY R&B FLEET: Hernandez Sues Over Unpaid Overtime for Laborers ----------------------------------------------------------- JESUS MORIN HERNANDEZ, individually and on behalf of all others similarly situated, Plaintiff v. R&B Fleet Services, LLC, Defendant, Case No. 5:22-cv-00194 (W.D. Tex., March 1, 2022) is a class action against the Defendant for its failure to compensate the Plaintiff and similarly situated laborers overtime pay for all hours worked in excess of 40 hours in a workweek in violation of the Fair Labor Standards Act. The Plaintiff worked for the Defendant as a non-exempt laborer from approximately 2014 to January 18, 2020. R&B Fleet Services, LLC is a fleet maintenance company based in Texas. [BN] The Plaintiff is represented by: Abasi D. Major, Esq. THE MAJOR LAW FIRM PLLC 909 NE Loop 410, Suite 635 San Antonio, TX 78209 Telephone: (210) 957-1767 Facsimile: (210) 783-9637 E-mail: abasi@themajorlawfirm.com SACRED HEART: Anstead Sues Over Unpaid OT for Registered Nurses --------------------------------------------------------------- CHELSEA E. ANSTEAD, on behalf of herself and all others similarly situated, Plaintiff v. SACRED HEART HEALTH SYSTEM, INC.; ASCENSION HEALTH, INC.; ASCENSION HEALTH ALLIANCE, INC.; and JOHN DOES 1-10, Defendants, Case No. 3:22-cv-02553-MCR-HTC (N.D. Fla., March 2, 2022) is a class action against the Defendants for their failure to compensate the Plaintiff and similarly situated employees overtime pay for all hours worked in excess of 40 hours in a workweek in violation of the Fair Labor Standards Act. The Plaintiff has worked for the Defendants as a registered nurse from approximately April 2017 until the present. Sacred Heart Health System, Inc. is a not-for-profit corporation that operates several healthcare facilities in northwestern Florida, with its headquarters located at 5151 North Ninth Avenue, Pensacola, Florida. Ascension Health, Inc. is a faith-based, not-for-profit corporation that provides healthcare to patients throughout the United States, with its principal offices located at 4600 Edmundson Rd., St. Louis, Missouri. Ascension Health Alliance, Inc. is a not-for-profit corporation that provides healthcare to patients throughout the United States, with its principal offices located at 4600 Edmundson Rd., St. Louis, Missouri. [BN] The Plaintiff is represented by: Janet Varnell, Esq. Brian W. Warwick, Esq. VARNELL & WARWICK P.A. 1101 E. Cumberland Ave. Suite 201H, #105 Tampa, FL 33602 Telephone: (352) 753-8600 Facsimile: (352) 504-3301 E-mail: jvarnell@vandwlaw.com bwarwick@vandwlaw.com - and – Shanon J. Carson, Esq. Camille Fundora Rodriguez, Esq. Alexandra K. Piazza, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 E-mail: scarson@bm.net crodriguez@bm.net apiazza@bm.net SILVERBACK THERAPEUTICS: Pomerantz Named Lead Counsel in Dresner ---------------------------------------------------------------- In the case, BENJAMIN DRESNER, Plaintiff v. SILVERBACK THERAPEUTICS et al., Defendants, Case No. 2:21-cv-1499-TLF (W.D. Wash.), Magistrate Judge Theresa L. Fricke of the U.S. District Court for the Western District of Washington, Tacoma, appointed Benjamin Dresner as the Lead Plaintiff and approved his selection of Pomerantz LLP as the Lead Counsel and Badgley Mullins Turner PLLC as the Liaison Counsel. Background The class action alleges claims occurring under Section 11 and 15 of the Securities Act of 1933, Sections 10(b) and 20(a) of the Security Exchange Act of 1934 and 17 C.F.R. Section 240.10b-5. On Nov. 5, 2021, the Plaintiff published a notice of the litigation over Globe Newswire advising investors that they had until Jan. 4, 2022 to file a motion to be appointed as lead plaintiff. On Jan. 4, 2022, Movants Taylor Thenhaus and Trenton Thenhaus filed a motion to be appointed as co-lead plaintiffs. On the same day, Plaintiff Dresner filed a motion to be appointed lead plaintiff. On Jan. 18, 2022, Movants Taylor Thenhaus and Trenton Thenhaus filed a notice of non-opposition to competing motions for appointment as lead plaintiff. The notice states that it appeared that the Movants did not have the largest financial interest in the litigation. Discussion Judge Fricke explains that the Private Securities Litigation Reform Act of 1995 ("PSLRA") provides that the Court is required to appoint a Lead Plaintiff to represent the purported class. The PSLRA sets forth a three-step process for identifying a lead plaintiff. First, the first plaintiff to file an action covered by the PSLRA must post a notice of the pendency of the action, the claims made and the purported class period. The notice must be posted "in a widely circulated national business-oriented publication or wire service. It is undisputed that Plaintiff Dresner filed the proper notice required under the PSLRA. Second, the Court must determine the most adequate plaintiff. In the case, Plaintiff Dresner has submitted evidence of alleged loses totaling $18,170 in connection with the allegations asserted in the litigation. The only other Movants have stated that Plaintiff Dresner has a larger financial interest. Accordingly, based on the record before the Court, Judge Fricke holds that Plaintiff Dresner is the moving member with the largest financial interest in the litigation. At this stage of the litigation, it appears that the Plaintiff satisfies the typicality requirement. The injuries to all class members alleged in the complaint arose from the same conduct -- the Defendant's alleged knowing false or misleading statement of material facts. Judge Fricke notes that it also appears that the Plaintiff satisfies the adequacy requirement. He has submitted a declaration asserting there are no conflicts between the Plaintiff's interests and the interests of the class. No party or class member has opposed the Plaintiff's motion or his adequacy to represent the class. Third, other plaintiffs may oppose the presumptive lead plaintiff by showing that the plaintiff does not satisfy the Rule 23 requirements. Based on the record before the Court, Judge Fricke holds that no party has opposed Plaintiff Dresner's motion to be appointed lead plaintiff. Additionally, no showing has been made that the Plaintiff does not meet the Rule 23(a) requirements. Although appointment of counsel is subject to the Court's approval, the PSLRA "clearly leaves the choice of class counsel in the hands of the lead plaintiff." The Plaintiff's selected counsel, Pomerantz LLP and Badgley Mullins Turner PLLC, have shown they possess the requisite experience in litigating complex class action cases, including securities-related cases. Accordingly, pursuant to 15 U.S.C. Section 78u-4(a)(3)(B)(v), Judge Fricke approves the Plaintiff's selected counsel. Conclusion Based on the foregoing, Judge Fricke grants Plaintiff Dresner's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel. Pursuant to the Notice of Non-Opposition, Movants Trenton Thenhaus and Taylor Thenhaus' Motion For Appointment as Co-Lead Plaintiff's and Approval of Counsel is denied. Pursuant to 15 U.S.C. Section 78u-4(a)(3)(B), Dresner is appointed as the Lead Plaintiff. Pursuant to 15 U.S.C. Section 78u-4(a)(3)(B)(v), Dresner's selection of Pomerantz LLP as the Lead Counsel and Badgley Mullins Turner PLLC as the Liaison Counsel is approved. A full-text copy of the Court's Feb. 23, 2022 Order is available at https://tinyurl.com/5ba8z5ay from Leagle.com. SOUTHCOAST HOSPITALS: Final Nod of Class Settlement Sought ---------------------------------------------------------- In the class action lawsuit captioned as CHRISTIAN HARDING, PATRICIA GIRAMMA, RONALD WELCH and LISA HARBOUR, individually and on behalf of all others similarly situated, v. SOUTHCOAST HOSPITALS GROUP, INC., THE BOARD OF DIRECTORS OF SOUTHCOAST HOSPITALS GROUP, INC., THE INVESTMENT COMMITTEE OF SOUTHCOAST HOSPITALS GROUP and JOHN DOES 1-30, Case No. 1:20-cv-12216-LTS (D. Mass.), the Plaintiffs ask the Court to enter an order: 1. Granting final approval to the class action settlement in this action on the terms of the Class Action Settlement Agreement, fully executed on November 17, 2021 and previously filed with the Court on December 29, 2020; 2. Certifying the Class as defined in the Settlement Agreement; 3. Appointing Named Plaintiffs as Class Representatives and Plaintiffs' Counsel as Class Counsel under FED. R. CIV. 23(g); and 4. Finding that the manner in which the Settlement Class was notified of the Settlement was the best practicable under the circumstances and adequately informed the Settlement Class members of the terms of the Settlement, how to lodge an objection and obtain additional information. Southcoast Hospitals provides health care services. The Hospital offers neurosurgery, cardiology, occupational therapy, and vaccination. A copy of the Plaintiffs' motion dated Feb. 23, 2021 is available from PacerMonitor.com at https://bit.ly/3IDcw2p at no extra charge.[CC] The Plaintiffs are represented by: Mark K. Gyandoh, Esq. Gabrielle Kelerchian, Esq. Donald R. Reavey, Esq. CAPOZZI ADLER, P.C. 312 Old Lancaster Road Merion Station, PA 19066 Telephone: (610) 890-0200 Facsimile: (717) 233-4103 E-mail: markg@capozziadler.com gabriellek@capozziadler.com donr@capozziadler.com SPECIALIZED LOAN: Amended Scheduling Order Entered in Cuellar ------------------------------------------------------------- In the class action lawsuit captioned as ELSA CUELLAR, individually and on behalf of those similarly situated, v. SPECIALIZED LOAN SERVICING, LLC, Case No. 9:21-cv-82125-WM (S.D. Fla.), the Hon. Judge entered amended order setting jury trial and pretrial scheduling order. -- Trial Date & Location This case is hereby specially set for a 10-day jury trial before United States Magistrate Judge William Matthewman, commencing at 9:00 a.m. on Monday, June 5, 2023, in the West Palm Beach Division of this Court. This is a specially set trial date and the case is not on a two-week trial calendar. The parties should be prepared to proceed to trial on Monday, Monday, June 5, 2023 at 9:00 a.m. -- Pretrial Schedule Motions to add parties or to amend March 4, 2022 pleadings. Deadline for SLS to file motion to dismiss in response to Amended Complaint: Deadline for Cuellar to respond to March 18, 2022 SLS's motion to dismiss: Deadline for SLS to file a reply to March 25, 2022 Cuellar’s response to SLS's motion to dismiss: Cuellar's deadline to file motion November 15, 2022 for class certification: SLS's deadline to respond to December 15, 2022 Cuellar's class certification motion: -- Settlement If a case is settled, counsel are directed to inform the Court promptly at (561) 803-3440 and to submit an appropriate Stipulation for Order of Dismissal, pursuant to Fed. R. Civ. P. 41(a)(1). Such an Order must be filed within ten (10) days of notification to the Court, or prior to the Calendar Call, whichever occurs first. Cases are not removed from the trial calendar unless a stipulation for dismissal is filed with the Court. Specialized Loan operates as a financial company. A copy of the Court's order dated Feb. 25, 2021 is available from PacerMonitor.com at https://bit.ly/3HKd9pI at no extra charge.[CC] STATE FARM: Court Grants Eileen Pete Leave to File Reply Brief -------------------------------------------------------------- In the class action lawsuit captioned as EILEEN PETE, on behalf of herself and all others similarly situated, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Case No. 4:21-cv-00056-KGB (E.D. Ark.), the Hon. Judge Kristine G. Baker entered an order granting Ms. Pete's motion for leave to file reply brief in support of her motion for class certification. Ms. Pete may file her reply brief under seal within 14 days of the entry of this Order, says Judge Baker. State Farm is a large group of mutual insurance companies throughout the United States with corporate headquarters in Bloomington, Illinois. A copy of the Court's order dated Feb. 22, 2021 is available from PacerMonitor.com at https://bit.ly/3sBjmjK at no extra charge.[CC] STATE FARM: Seeks to Decertify Classes in Ngethpharat Suit ---------------------------------------------------------- The Defendant State Farm Mutual Automobile Insurance Company asks the Court to enter an order granting its motion to decertify, decertify the Kelley and Jama classes, and directing the Plaintiffs' counsel to give notice of the decertification to the members of the decertified classes, in a class action lawsuit. The Plaintiffs Ngethpharat and Kelley moved to certify damages classes of all State Farm policyholders in Washington who received compensation for totaled vehicles based on an Autosource report that applied a "typical negotiation" adjustment to comparable vehicles. The Plaintiff Jama also sought to certify a class of policyholders whose Autosource report included a condition deduction. This case concerns the amount State Farm pays policyholders when their vehicles are declared a "total loss." When a covered vehicle is totaled, State Farm’s policies require it to pay the policyholder the vehicle's actual cash value ("ACV"), which Washington’s insurance regulations define as its "fair market value" before the loss. Calculating a totaled vehicle's ACV is complex and depends on many factors, including the vehicle's "year, make, model, style, [and] fuel type." The lawsuit is captioned as ANYSA NGETHPHARAT, individually, and JAMES KELLEY, individually and on behalfof all others similarly situated, and FAYSAL A. JAMA, individually and on behalf of all others similarly situated, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. STATE FARM FIRE AND CASUALTY COMPANY, Case No. 2:20-cv-00454-MJP (W.D. Wash.). State Farm Insurance is a large group of mutual insurance companies throughout the United States with corporate headquarters in Bloomington, Illinois. A copy of the Defendant's motion dated Feb. 24, 2021 is available from PacerMonitor.com at https://bit.ly/35PKyCl at no extra charge.[CC] The Plaintiffs are represented by: Stephen M. Hansen ,Esq. LAW OFFICES OF STEPHEN M. HANSEN, P.S. 1821 Dock St UNIT 103 Tacoma, WA 98402 Telephone: (253) 302-5955 E-mail: info@stephenmhansenlaw.com - and - Scott P. Nealey, Esq. NEALEY LAW contact@nealeylaw.com 315 Montgomery Street, 10/F, San Francisco, CA 94104 Telephone: (415) 231-5311 Facsimile: (415) 231-5313 E-mail: snealey@nealeylaw.com - and - Mark A. Trivett, Esq. Duncan Calvert Turner, Esq. BADGLEY MULLINS TURNER PLLC 19929 Ballinger Way NE, Suite 200 Seattle, WA 98155 Telephone:(206) 621-6566 Facsimile:(206) 621-9686 E-mail: mtrivett@badgleymullins.com dturner@badgleymullins.com - and - Daniel R. Whitmore, Esq. ACCOUNT LAW OFFICES OF DANIEL R. WHITMORE 6840 Fort Dent Way Tukwila, WA 98188 Telephone: (206) 329-8400 E-mail: dan@whitemorelawfirm.com The Defendant is represented by: Peter W. Herzog, III, Esq. Eric L. Robertson, Esq. WHEELER TRIGG O'DONNELL LLP 211 N. Broadway, Suite 2825 St. Louis, MO 63102 Telephone: (314) 326-4128 Facsimile: (303) 244-1879 E-mail: pherzog@wtotrial.com robertson@wtotrial.com - and - Matthew Munson, Esq. Joseph D. Hampton, Esq. Matthew Munson, Esq. BETTS, PATTERSON & MINES, P.S. One Convention Place 701 Pike Street, Suite 1400 Seattle, WA 98101-3927 Telephone: (206) 292-9988 E-mail: jhampton@bpmlaw.com mmunson@bpmlaw.com STICKER MULE: Class Action Settlement Gets Final Nod in Bonefort ---------------------------------------------------------------- In the class action lawsuit captioned as TIERRA BONEFORT, on behalf of herself, and all Others similarly situated, v. STICKER MULE, LLC and PRINT BEAR, LLC, Case No. 1:20-cv-01222-ML (N.D.N.Y.), the Hon. Judge Miroslav Lovric entered an order approving the class action settlement as follows: 1. The Parties' settlement, memorialized in the Agreement, is fair, adequate, reasonable, and binding on Plaintiff and all Class Members who have not timely and properly opted out pursuant to Section 2.8. 2. The Court grants final certification of the Class for settlement purposes. 3. The Court approves the Service Payment set forth in Section 3.3(A) of the Agreement. 4. The Court grants Plaintiff's' request for attorneys' fees and out-of-pocket costs and expenses. 5. The Court approves of the selection of Worker Justice Center of New York, Inc. ("WJCNY") as a cy pres designee as per Section 3.5(B). 6. The parties shall abide by the terms of the Agreement. 7. With the exception of those Class Members who filed valid requests to be excluded from the settlement, the Plaintiff and all Qualified Class Members are permanently enjoins from seeking to reopen or filing any claims against the Defendants that were released by this Agreement. 8. The Litigation is dismissed with prejudice. A copy of the Court's order dated Feb. 24, 2021 is available from PacerMonitor.com at https://bit.ly/3CaZw1A at no extra charge.[CC] SUNLAND TRADING: Court Dismisses Henry's Suit With Leave to Amend ----------------------------------------------------------------- In the case, HENRY'S BULLFROG BEES, a California apiary; GOLDEN PRAIRIE HONEY FARMS CORPORATION, d/b/a VALOR HONEY, a Kansas not for profit corporation; and KELVIN ADEE, an individual, on behalf of themselves, all others similarly situated, and the general public, Plaintiffs v. SUNLAND TRADING, INC.; LAMEX FOODS, INC.; ODEM INTERNATIONAL, INC.; BARKMAN HONEY, LLC; DUTCH GOLD HONEY, INC.; TRUE SOURCE HONEY, LLC; AMERICAN ANALYTICAL CHEMISTRY LABORATORIES CORP.; and NSF INTERNATIONAL, Defendants, Case No. 2:21-cv-00582-TLN-CKD (E.D. Cal.), Judge Troy L. Nunley of the U.S. District Court for the Northern District of California: (i) granted the Defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 9(b), with leave to amend; and (ii) denied the Defendants' motion to stay discovery as moot. I. Background The Plaintiffs bring the putative class action alleging the Defendants engaged in a "worldwide conspiracy to defraud the United States honey market" by "flooding" the market with "fake" honey. They are "commercial beekeeping farms in the business of selling genuine honey." The Defendants are "some of the largest honey importers and packers in the United States" and a "honey industry watchdog." The Plaintiffs allege the Defendants' "wrongful conduct has suppressed prices in the domestic honey market, making it difficult or impossible for domestic commercial beekeeping farms like Plaintiffs to compete." In short, this wrongful conduct consists of a "scheme" by which the Defendants import, pack, certify, and sell "fake" honey as "genuine" honey. The Plaintiffs claim to have been "blocked from selling their honey in the marketplace, suffering lost sales and profits as a result." The Plaintiffs filed their First Amended Complaint ("FAC") on June 28, 2021, seeking injunctive relief, declaratory relief, compensatory damages, and restitution through six causes of action: (1) violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO") (18 U.S.C. Sections 1962(c) and 1964(c)); (2) conspiracy to violate RICO (18 U.S.C. Section 1962(d)); (3) violation of the Sherman Antitrust Act (15 U.S.C. Section 1); (4) violation of California's Cartwright Act (Cal. Bus. & Prof. Code Section 16720); (5) violation of California's Unfair Competition Law ("UCL") (Cal. Bus. & Prof. Code Section 17200); and (6) unjust enrichment. Sunland, Lamex, Odem, Dutch, and TSH filed separate motions to dismiss, pursuant to Rules 9(b) and 12(b)(6). The Defendants also filed a joint omnibus motion to dismiss, pursuant to Rules 9(b) and 12(b)(6). The Plaintiffs filed an opposition to the Defendants' motions on Sept. 30, 2021. Between Nov. 8, 2021, and Nov. 10, 2021, the Defendants submitted separate replies. Finally, on Jan. 25, 2022, the Defendants submitted a motion to stay discovery pursuant to Rule 26(c)(1). II. Analysis As a threshold matter, Judge Nunley addresses whether the Plaintiffs' claims satisfy the Rule 9(b) pleading standard. First, he examines whether the Plaintiffs' claims are based in fraud and thus subject to Rule 9(b), then he determines if the Plaintiffs have adequately pled such fraudulent claims. A. Whether Plaintiffs' FAC is Grounded in Fraud The Defendants contend "allegations of fraud permeate all" of the Plaintiffs' claims, and thus the Plaintiffs' FAC must satisfy the heightened pleading requirement of Rule 9(b). The Plaintiffs are silent on whether their FAC is grounded in fraud but argue that their FAC satisfies the heightened requirement of Rule 9(b). Judge Nunley finds that the Plaintiffs' FAC is grounded in fraud. Indeed, the Plaintiffs' FAC plainly bases its claims on the Defendants' alleged fraudulent adulteration of honey -- the longest section of the Plaintiffs' FAC, spanning 22 pages, is titled: "DEFENDANTS' SCHEME TO DEFRAUD THE UNITED STATES' HONEY MARKET." The Plaintiffs allege the Defendants engaged in a unified course of fraudulent conduct and rely on that course of conduct as the basis of their claims. Therefore, the Plaintiffs' FAC "sounds in fraud" and the pleading of each claim must satisfy the particularity requirement of Rule 9(b). B. Whether Plaintiffs Have Met the Heightened Particularity Standard The Defendants contend the Plaintiffs' FAC fails to allege fraud with Rule 9(b)'s requisite degree of particularity, arguing they have not specified "the who, what, when, where, and how." Judge Nunley holds that the Plaintiffs' FAC does not allege any degree of particularity that would allow the Defendants to prepare a defense. Therefore, the allegations contained in their FAC are insufficient under the Rule 9(b) heightened pleading standard. Accordingly, Judge Nunley declines to address the other legal arguments raised by the Defendants at this time, as the Plaintiffs have failed to plead with the requisite particularity. III. Conclusion For the foregoing reasons, Judge Nunley granted the Defendants' Motions to Dismiss pursuant to Rule 9(b). He denied as moot the Defendants' Motion to Stay Discovery pursuant to Rule 26(c)(1). The Plaintiffs are granted 30 days from the electronic filing date of the Order to file an amended complaint in conformity with the Order. The Defendants will file a responsive pleading not later than 21 days after the electronic filing date of the Plaintiffs' amended complaint, should one be filed. A full-text copy of the Court's Feb. 23, 2022 Order is available at https://tinyurl.com/bdhmnb5a from Leagle.com. TAMKO BUILDING: Seeks Extensions For Class Cert. Deadlines ---------------------------------------------------------- In the class action lawsuit captioned as MARTIN MELNICK, BETH MELNICK, LIA LOUTHAN, and SUMMERFIELD GARDENS CONDOMINIUM, on behalf themselves and all others similarly situated, v. TAMKO BUILDING PRODUCTS, LLC, Case No. 2:19-cv-02630-JAR-KGG (D. Kan.), the Defendant seeks extensions of the following deadlines: Current Proposed Deadline Deadline -- Plaintiffs' Expert Witness March 15, 2022 June 15, 2022 Disclosure Deadline -- Deadline to Depose April 15, 2022 July 15, 2022 Plaintiffs' Experts -- Defendant's Expert May 16, 2022 Aug. 16, 2022 Witness Disclosure Deadline -- Deadline to Depose June 24, 2022 Sept. 23, 2022 Defendant's Experts -- Rebuttal Expert Witness July 28, 2022 Oct. 28, 2022 Disclosure Deadline -- Deadline to Depose Aug. 31, 2022 Nov. 30, 2022 Rebuttal Experts -- Motion for Class Sept. 30, 2022 Dec. 20, 2022 Certification Tamko provides building products. A copy of the Defendant's motion dated Feb. 22, 2021 is available from PacerMonitor.com at https://bit.ly/3hzzVpP at no extra charge.[CC] The Plaintiffs are represented by: Jacob M. Polakoff, Esq. Lawrence Deutsch, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-5816 Facsimile: (215) 875-4606 E-mail: jpolakoff@bm.net ldeutsch@bm.net - and - Andrew W. Funk, Esq. FUNK RIEMANN LLP 1600 Genessee St., Suite 860 Kansas City, MO 64102 Telephone: (816) 348-3002 Facsimile: (816) 895-6351 E-mail: andrew@frlawkc.com - and - Charles E. Schaffer, Esq. David C. Magagna, Jr., Esq. LEVIN SEDRAN & BERMAN, LLP 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 Facsimile: (215) 592-4663 E-mail: cschaffer@lfsblaw.com dmagagna@lfsblaw.com The Defendant is represented by: Kara T. Stubbs, Esq. BAKER STERCHI COWDEN & RICE LLC 2400 Pershing Road, Suite 500 Kansas City, MO 64108 Telephone: (816) 471-2121 Facsimile: (816) 472-0288 E-mail: stubbs@bscr-law.com - and - Jessica D. Miller, Esq. Thomas E. Fox, Esq. SKADDEN, ARPS, SLATE MEAGHER & FLOM LLP 1440 New York Avenue, N.W. Washington, D.C. 20005-2111 Telephone: (202) 371-7850 Facsimile: (202) 661-0525 E-mail: jessica.miller@skadden.com richard.bernardo@skadden.com thomas.fox@skadden.com TEAM ENTERPRISES: Cipolla Suit Seeks OK of Collective Action ------------------------------------------------------------ In the class action lawsuit captioned as FELICIA CIPOLLA, ALEXIS WOOD, BERNADETTE BLANCHARD, SHIRIN LESSAN, and ANGELA GUERRERO individually and on behalf of all others similarly situated, v. TEAM ENTERPRISES, LLC; NEW TEAM LLC, doing business as TEAM ENTERPRISES, Cipolla, et al., v. Team Enterprises, LLC, et al., Case No. 3:18-cv-06867-WHA (N.D. Cal.), the Plaintiffs ask the Court to enter an order: 1. Authorizing a collective action pursuant to 29 U.S.C. section 216 (b); 2. Authorizing mailing the proposed notice to all current and former employees of Team Enterprises, LLC and New Team, LLC in the United States of America with the title "promotional specialist," who worked at any time from November 13, 2015 through the present; and 3. Requiring the Defendants to produce a computer readable data file containing the names, last known residence address, last known telephone numbers, last known cell phone numbers, last known email addresses and social security numbers of all such potential opt-in plaintiffs so that notice may be implemented. Team Enterprises was founded in 2010. The company's line of business includes providing plumbing, heating, air-conditioning, and similar work. A copy of the Plaintiffs' motion to certify class dated Feb. 25, 2021 is available from PacerMonitor.com at https://bit.ly/3MoXCiT at no extra charge.[CC] The Plaintiffs are represented by: Edward J. Wynne, Esq. George R. Nemiroff, Esq. WYNNE LAW FIRM 80 E. Sir Francis Drake Blvd., Suite 3G Larkspur, CA 94939 Telephone: (415) 461-6400 Facsimile: (415) 461-3900 E-mail: ewynne@wynnelawfirm.com gnemiroff@wynnelawfirm.com - and - Bryan J. McCormack, Esq. MCCORMACK LAW FIRM Wood Island 80 E. Sir Francis Drake Boulevard, Suite 3G 9 Larkspur, CA 94939 Telephone: (415) 925-5161 Facsimile: (415) 651-7837 E-mail: bryan@bmcclaw.com TERM COMMODITIES: Court Grants Class Certification in Cotton Suit ----------------------------------------------------------------- In the class action lawsuit RE: TERM COMMODITIES COTTON FUTURES LITIGATION, Case No. 1:12-cv-05732-ALC (S.D.N.Y.), the Hon. Judge Andrew L. Carter, Jr., entered an order granting the Plaintiffs' motion for class certification of: "All persons, corporations and other legal entities that (a) purchased between March 30 and May 6, 2011 a May 2011 Contract in order to liquidate a short position in such contract, including short positions held as part of spread positions; or (b) contracted to purchase cotton on call based on the May 2011 Contract price, and set the price on this contract between March 30 and May 6; or (c) purchased between June 7 and July 7, 2011, a July 2011 Contract in order to liquidate a short position therein, including short positions held as part of spread positions; or (d) contracted to purchase cotton on call based on the July 2011 Contract price, and set the price on this contract between June 7 and July 7, 2011." Excluded from the Class are Defendants, any parent, subsidiary, affiliate, agent or employee of any Defendant, and any co-conspirator. The Court finds that the proposed class meets the requirements of Rule 23(a) and the relevant requirements of Ruel 23(b) of the Federal Rules of Civil Procedure. The Plaintiffs Mark Allen and Brian Ledwith bring this putative class action on behalf of a proposed class of traders who lost money when prices in the cotton futures market increased unexpectedly in 2011. The Plaintiffs claim that Defendants Louis Dreyfus Commodities B.V., Louis Dreyfus Commodities Cotton LLC (a/k/a Allenberg Cotton Company), LDC Holdings Inc., Term Commodities, Inc., Louis Dreyfus Commodities LLC, and Joseph Nicosia (collectively, "Defendants") unlawfully manipulated the price of cotton futures by unreasonably and uneconomically demanding delivery of certificated cotton in fulfillment of futures contracts in conjunction with other manipulative behavior. As a result of Defendants' market conduct, the Plaintiffs argue they suffered losses in liquidating their positions in the May and July 2011 Cotton No. 2 futures contracts. A copy of the Court's order dated Feb. 17, 2021 is available from PacerMonitor.com at https://bit.ly/3soClxM at no extra charge.[CC] TESLA ENERGY: Faces Lack PAGA Suit for Solar Roofers' Unpaid Wages ------------------------------------------------------------------ ANTHONY LACK, on behalf of himself and all others similarly situated, Plaintiff v. TESLA ENERGY OPERATIONS, INC. and TESLA, INC., Defendants, Case No. 22CV394850 (Cal. Super., Santa Clara Cty., March 2, 2022) is a class action against the Defendants for violations of the Private Attorney General Act including failure to pay for all hours worked, failure to pay overtime wages, and failure to provide accurate wage statements. The Plaintiff has worked for the Defendants as a solar roofer in Petaluma, California from approximately February 2021 until the present. Tesla Energy Operations, Inc. is a provider of solar power energy services, headquartered at 3500 Deer Creek Road, Palo Alto, California. Tesla, Inc. is a manufacturer of electric vehicles, solar energy systems, and energy storage products, headquartered at 3500 Deer Creek Road, Palo Alto, California. [BN] The Plaintiff is represented by: Alexandra K. Piazza, Esq. BERGER MONTAGUE PC 401 B Street, Suite 2000 San Diego, CA 92101 Telephone: (619) 489-0300 Facsimile: (215) 875-4620 E-mail: apiazza@bm.net - and – Camille Fundora Rodriguez, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19 1 O3 Telephone: (215) 875-3000 Facsimile: (215) 875-4620 E-mail: crodriguez@bm.net TILT HOLDINGS: Securities Suit Settlement Approved by Ontario Court ------------------------------------------------------------------- The Ontario Superior Court of Justice has approved a settlement between TILT Holdings Inc., Alexander Coleman, Mark Herron, Michael Orr and Todd Halpern and the plaintiff in a class action. Your legal rights are affected even if you do nothing. Please read this notice carefully. The class action was commenced on behalf of all persons who acquired TILT Holdings Inc. securities between October 12, 2018 and May 1, 2019. The proposed settlement is for US$3.65 million. YOUR LEGAL RIGHTS AND OPTIONS FOR THIS SETTLEMENT Make a Claim for Compensation: Fill out a Claim Form, apply for compensation. The Claim Form is available here: www.tiltsecuritiessettlement.com. You must submit your Claim Form before May 25, 2022. Do Nothing: Give up your right to apply for compensation. These rights and options and the deadlines to exercise them and more information about the settlement are explained in a notice available at tiltsecuritiessettlement.com. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement at tiltsecuritiessettlement.com. You can send your questions to tilt@kalloghlianmyers.com The lawyers for the plaintiff in the class action are Kalloghlian Myers LLP and Paul Bates.[GN] TOWER RESEARCH: Referral to Magistrate Judge Gorenstein Withdrawn ----------------------------------------------------------------- In the class action lawsuit captioned as MYUN-UK CHOI, JIN-HO JUNG, SUNG-HUN JUNG, SUNG-HEE LEE, and KYUNG SUB LEE, Individually and on Behalf of All Others Similarly Situated, v. TOWER RESEARCH CAPITAL, LLC and MARK GORTON, Case No. 1:14-cv-09912-KMW-GWG (S.D.N.Y.), the Hon. Judge Kimba M. Wood entered an order that: -- The referral to Magistrate Judge Gabriel W. Gorenstein for reports and recommendations on dispositive motions is withdrawn solely with respect to the motion for class certification. -- The referral of non-dispositive pretrial motions is also withdrawn with respect to three motions to seal portions of memoranda and exhibits submitted in relation to the motion for class certification. Tower Research is a high-frequency trading and financial services fund started by Mark Gorton and John Martello in 1998. A copy of the Court's order dated Feb. 22, 2021 is available from PacerMonitor.com at https://bit.ly/35odG3t at no extra charge.[CC] TRAFFIC TECH: Total Quality's Bid to Compel Arbitration Nixed ------------------------------------------------------------- In the class action lawsuit captioned as TOTAL QUALITY LOGISTICS v. TRAFFIC TECH, et al., Case No. 1:21-cv-00714-TSB (S.D. Ohio), the Hon. Judge Timothy S. Black entered an order: 1. denying the plaintiff's motion to compel arbitration; and 2. denying as moot the Defendant's motion to stay the case as to improper pay issues. This civil case is before the Court on Plaintiff's motion to compel arbitration on the question of whether TQL committed improper pay practices and the parties' responsive memoranda. TQL is an Ohio limited liability company. TQL provides third-party logistics services to customers across the continental United States. The Defendant Nickolas Dugger is a former employee of TQL. Dugger worked for TQL in Florida from January 6, 2020 to September 24, 2021 in the positions of Logistics Account Executive Trainee and Logistics Account Executive. Traffic Tech offers a global third-party logistics services on land, at sea, and in the air. A copy of the Court's order dated Feb. 22, 2021 is available from PacerMonitor.com at https://bit.ly/34b9PGE at no extra charge.[CC] UBER TECHNOLOGIES: Court Amends Class Certification Bid Schedule ---------------------------------------------------------------- In the class action lawsuit captioned as BOSTON RETIREMENT SYSTEM, v. UBER TECHNOLOGIES, INC., et al., Case No. 3:19-cv-06361-RS (N.D. Cal.), the Court entered an order setting schedule for expert reports and amending class certification motion schedule as follows: 1. Lead Plaintiff shall file its reply in further support of its Class Certification Motion 19 and any rebuttal expert report in response to the Stulz Report within 30 days of February 28, 2022; 2. The Defendants may file a reply expert report responding to any rebuttal expert report Lead Plaintiff submits in response to the Stulz Report and a brief limited to issues raised in Lead Plaintiff's rebuttal expert report or the Defendants' reply expert report within 45 days of Lead Plaintiff's reply in further support of its Class Certification Motion; 3. Whether or not Lead Plaintiff submits any rebuttal expert report, Defendants may seek leave to file a sur-reply responding to any other arguments raised in Lead Plaintiff's reply in further support of its Class Certification Motion, and Lead Plaintiff reserves its rights in connection with such a request; and 4. The hearing on the Class Certification Motion currently scheduled for April 7, 2022 3 at 1:30 PM is continued to June 16, 2022 at 1:30 PM, or as soon thereafter as counsel may be heard. On May 3, 2021, the Court so-ordered the Parties' stipulation for a revised class certification motion briefing schedule providing: Lead Plaintiff 30 days (from the earlier of Defendants' answer to the second amended complaint (the "SAC") or the Court's ruling on Defendants' motion to dismiss the SAC) to file its Class Certification Motion; Defendants sixty (60) days to file any opposition to the Motion; and Lead Plaintiff 60 days to file any reply in support of its Motion. On October 1, 2021, the Court denied Defendants' motion to dismiss the SAC. On October 29, 2021, Lead Plaintiff filed its Class Certification Motion, and on December 28, 2021, the Defendants filed their opposition to the Motion and the declaration of Agnes Dunogue in support of Defendants' opposition to the Motion. Uber is an American mobility as a service provider. It is based in San Francisco with operations in over 900 metropolitan areas worldwide. A copy of the Court's order dated Feb. 22, 2021 is available from PacerMonitor.com at https://bit.ly/3MhGSK2 at no extra charge.[CC] The Lead Counsel for Plaintiff and the Proposed Class, are: Jonathan Gardner, Esq. Alfred L. Fatale III, Esq. Joseph N. Cotilletta, Esq. Marco A. Duenas, Esq. Lisa Strejlau, Esq. LABATON SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 E-mail: jgardner@labaton.com afatale@labaton.com jcotilletta@labaton.com mduenas@labaton.com lstrejlau@labaton.com Liaison Counsel for the Lead Plaintiff Boston Retirement System, are: Gregory M. Nespole, Esq. LEVI & KORSINSKY LLP 55 Broadway, 10th Floor New York, New York 10006 Telephone: (212) 363-7500 Facsimile: (212) 363-1294 E-mail: gnespole@zlk.com - and - Adam M. Apton, Esq. 388 Market Street, Suite 1300 San Francisco, CA 94111 Telephone: (415) 373-1671 Facsimile: (415) 484-1294 E-mail: aapton@zlk.com The Attorneys for Defendants Uber Technologies, Inc., Dara Khosrowshahi, Nelson Chai, Glen Ceremony, Ronald Sugar, Ursula Burns, Garrett Camp, Matt Cohler, Ryan Graves, Arianna Huffington, Travis Kalanick, Wan Ling Martello, H.E. Yasir Al-Rumayyan, John Thain, and David Trujillo, are: Daniel H.R. Laguardiam Esq. Agnns Dunogue, Esq. George Anhang, Esq. SHEARMAN & STERLING LLP 535 Mission Street, 25th Floor San Francisco, CA 94105 Telephone: (415) 616-1100 Facsimile: (415) 616-1199 E-mail: daniel.laguardia@shearman.com agnes.dunogue@shearman.com george.anhang@shearman.com The Attorneys for the Defendants Morgan Stanley & Co. LLC, Goldman Sachs & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Capital Inc., Citigroup Global Markets Inc., Allen & Company LLC, RBC Capital Markets, LLC, SunTrust Robinson Humphrey, Inc. (now known as Truist Securities, Inc.), Deutsche Bank Securities Inc., HSBC Securities (USA) Inc., SMBC Nikko Securities America, Inc., Mizuho Securities USA LLC, Needham & Company, LLC, Loop Capital Markets LLC, Siebert Cisneros Shank & Co., L.L.C., Academy Securities, Inc., BTIG, LLC, Canaccord Genuity LLC, CastleOak Securities, L.P., Cowen and Company, LLC, Evercore Group L.L.C., JMP Securities LLC, Macquarie Capital (USA) Inc., Mischler Financial Group, Inc., Oppenheimer & Co. Inc., Raymond James & Associates, Inc., William Blair & Company, L.L.C., The Williams Capital Group, L.P., and TPG Capital BD, LLC, are: Todd G. Cosenza, Esq. Simona Agnolucci, Esq. Joseph G. Davis, Esq. WILLKIE FARR & GALLAGHER LLP 787 Seventh Avenue New York, NY 10019-6099 Telephone: (212) 728-8677 Facsimile: (212) 728-9677 E-mail: tcosenza@willkie.com sagnolucci@willkie.com jdavis@willkie.com UNITED AIRLINES: Jose Medina Seeks to Certify Class Action ---------------------------------------------------------- In the class action lawsuit captioned as JOSE MEDINA, as an individual and on behalf of all aggrieved employees, v. UNITED AIRLINES, INC., a Delaware Corporation; and DOES 1 through 100, inclusive, Case No. 2:18-cv-07557-TJH-JC (C.D. Cal.), the Plaintiff asks the Court to enter an order: 1. Determining that a class action is proper as to the first through fourth Causes of Action contained in the Class Action Complaint pursuant to Federal Rule of Civil Procedure 23, on the grounds that (1) the Class is so numerous that joinder of all members is impracticable, (2) there are questions of law and fact common to the Class, (3) the class representative’s claims are typical of the claims of the Class, and (4) the class representative will fairly and adequately protect the interests of the Class. 2. Determining that class treatment is appropriate under Federal Rule of Civil Procedure 23(b)(3) and certifying the following Class: "All current and former mechanics who worked in California for the Defendant at any time from July 25, 2014, through the date that the class is certified;" and 3. Finding Plaintiff to be an adequate representative and certifying him as the class representative herein. 4. Finding Plaintiff’s counsel and their respective firms, namely Larry W. Lee of Diversity Law Group, P.C., Edward W. Choi of Law Offices of Choi and Associates, and William L. Marder of Polaris Law Group as adequate class counsel and certifying them as class counsel. The Plaintiff Medina seeks to certify undisputed meal and rest break policies and practices of the Defendant which can be adjudicated on a class-wide basis. The Plaintiff asserts that Defendant denied the Plaintiff and other members of the Class, the opportunity to take off-duty meal and rest periods in accordance to California Labor Code section 226.7. United Airlines is a major American airline headquartered in Willis Tower in Chicago, Illinois. United operates a large domestic and international route network spanning cities large and small across the United States and all six inhabited continents. A copy of the Plaintiff's motion to certify class ated Feb. 25, 2021 is available from PacerMonitor.com at https://bit.ly/36Vbhh7 at no extra charge.[CC] The Plaintiff is represented by: Larry W. Lee, Esq. DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 E-mail: lwlee@diversitylaw.com - and - Edward W. Choi, Esq. LAW OFFICES OF CHOI & ASSOCIATES 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 E-mail: edward.choi@choiandassociates.com - and - William L. Marder, Esq. POLARIS LAW GROUP LLP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (831) 531-4214 Facsimile: (831) 634-0333 E-mail: bill@polarislawgroup.com UNITED BEHAVIORAL: Parties Stipulate Class Cert. Briefing Schedule ------------------------------------------------------------------ In the class action lawsuit captioned as BARBARA BEACH, on her own behalf and behalf of her minor daughter and all others similarly situated, et al., v. UNITED BEHAVIORAL HEALTH, Case No. 3:21-cv-08612-RS (N.D. Cal.), the Parties stipulate and ask the Court to enter an order setting class certification briefing schedule as follows: Event Date -- Class-related fact discovery Aug. 26, 2022 substantially complete: -- The Plaintiffs' class-related Sept. 9, 2022 expert disclosures pursuant to Fed. R. Civ. P. 26(a): -- The Defendant's class-related Sept. 30, 2022 expert disclosures pursuant to Fed. R. Civ. P. 26(a): -- Class-related expert depositions Oct. 28, 2022 complete: -- The Plaintiffs' motion for class Nov. 11, 2022 certification: -- The Defendant's opposition to Dec. 21, 2022 motion for class certification: -- The Plaintiffs' reply in support January . , 2023 of class certification: On February 10, 2022, counsel for Plaintiffs and Defendant UBH participated in an Initial Case Management Conference before Judge Seeborg. During that conference, Judge Seeborg set the Plaintiffs' anticipated Motion for Class Certification for a hearing on February 9, 2023. Judge Seeborg further ordered the parties to agree to a briefing schedule that will ensure the Court has all relevant briefings at least two weeks before the February 9 hearing. United Behavioral manages behavioral health services for UnitedHealthcare members. A copy of the Plaintiffs' motion to certify class dated Feb. 23, 2021 is available from PacerMonitor.com at https://bit.ly/3hE3TJ2 at no extra charge.[CC] The Plaintiffs are represented by: Meiram Bendat, Esq. SYCH-APPEAL, INC. 7 West Figueroa Street, Suite 300 Santa Barbara, CA 93101 Telephone: (310) 598-3690 E-mail: mbendat@psych-appeal.com - and - D. Brian Hufford, Esq. Jason S. Cowart, Esq. Devon Galloway, Esq. Caroline E. Reynolds, Esq. ZUCKERMAN SPAEDER LLP 485 Madison Avenue, 10 th Floor New York, NY 10022 Telephone: (212) 704-9600 Facsimile: (212) 704-4256 E-mail: dbhufford@zuckerman.com jcowart@zuckerman.com dgalloway@zuckerman.com creynolds@zuckerman.com The Defendant is represented by: Jennifer S. Romano, Esq. April N. Ross, Esq. Andrew Holmer, Esq. CROWELL & MORING LLP 590 Madison Avenue, 20th Floor New York, NY 10022-2544 Telephone: (212) 223-4000 Facsimile: (212) 223-4134 UNITED STATES: Escalante Sues Over Non-Provision of Booster Shots ----------------------------------------------------------------- MIGUEL ANGEL ESCALANTE, KENET JEFET HERNANDEZ HERRERA, ANNA SOROKIN, and RAMON DOMINGUEZ GONZALEZ, on behalf of themselves and all others similarly situated, Plaintiffs v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; TAE D. JOHNSON, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement; U.S. DEPARTMENT OF HOMELAND SECURITY; and ALEJANDRO N. MAYORKAS, in his official capacity as Secretary of the Department of Homeland Security, Defendants, Case No. 1:22-cv-00541-RJL (D.S.C., March 1, 2022) is a class action against the Defendants for violations of the Fifth Amendment Right to substantive due process, Section 504 of the Rehabilitation Act, and Administrative Procedure Act. The case arises from the Defendants' failure to provide COVID-19 booster shots in accordance with Centers for Disease Control and Prevention (CDC) guidance to eligible individuals in Immigration and Customs Enforcement (ICE) detention nationwide, including the Plaintiffs. The Plaintiffs are eligible for and want to receive an mRNA COVID-19 booster shot, but have not been able to receive one in ICE detention. They have requested booster shots, only to be told that none are available or that they should wait an indeterminate time, or their requests have been simply ignored. As a result of the Defendants' inaction, the Plaintiffs and Class members are placed at an unreasonable risk of serious illness and death. The U.S. Immigration and Customs Enforcement is a federal law enforcement agency. The U.S. Department of Homeland Security is a cabinet-level department of the U.S. government. [BN] The Plaintiff is represented by: Eunice H. Cho, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION NATIONAL PRISON PROJECT 915 Fifteenth St. NW, 7th Floor Washington, DC 20005 Telephone: (202) 548-6616 E-mail: echo@aclu.org - and – Arthur B. Spitzer, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF THE DISTRICT OF COLUMBIA 915 Fifteenth St. NW, 2nd Floor Washington, DC 20005 Telephone: (202) 601-4266 E-mail: aspitzer@acludc.org - and – Michael Tan, Esq. Aditi Shah, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT NATIONAL PRISON PROJECT 125 Broad Street, 18th Floor New York, NY 10004 Telephone: (212) 549-2600 E-mail: mtan@aclu.org ashah@aclu.org - and – My Khanh Ngo, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT 39 Drumm Street San Francisco, CA 94111 Telephone: (415) 343-0764 E-mail: mngo@aclu.org UNITED STATES: Status Conference Continued to May 31 in Lewis ------------------------------------------------------------- In the class action lawsuit captioned as Carol LEWIS, Plaintiff, v. Alex AZAR, Secretary of the United States Department of Health and Human Services, Case No. 1:18-cv-02929 (D.D.C.), the Hon. Judge Reggie B. Walton entered an order that the status conference currently scheduled for February 28, 2022, is continued to May 31, 2022, at 10:00 a.m. The Court says that is requires additional time to consider the plaintiffs' pending Motion to Certify Class in this case. The parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key. The suit alleges violation of the Medicare Act. The United States Department of Health and Human Services, is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services.[CC] UNIVERSITY OF TEXAS: Nikolova Seeks Modification of Feb. 14 Order ----------------------------------------------------------------- In the class action lawsuit captioned as EVDOKIA NIKOLOVA, v. UNIVERSITY OF TEXAS AT AUSTIN, Case No. 1:19-cv-00877-RP (W.D. Tex.), the Plaintiff files a motion to modify or set aside one or more portions of Magistrate Hightower's Order entered on February 14, 2022 striking the entire report and expert testimony of Dr. Peter Glick. The Order issued in this case striking the entire testimony (both research and opinions) of Dr. Peter Glick is, respectfully, clearly erroneous and contrary to law. It fails to follow Fifth Circuit precedent and other relevant decisions that hold that social science testimony of this sort is beneficial to the jury and admissible, the Plaintiff says. The Order also fails to follow the fundamental principles of Fed. R. Evid. 702 and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 589 (1993) that the exclusion of expert testimony should be the exception rather than the rule, and that the proper means of challenging disputed expert testimony is through "vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof," the Plaintiff adds. The University of Texas at Austin is a public research university in Austin, Texas, founded in 1883. A copy of the Plaintiff's motion dated Feb. 25, 2021 is available from PacerMonitor.com at https://bit.ly/3Mpi036 at no extra charge.[CC] The Plaintiff is represented by: Robert W. Schmidt, Esq. CREWS LAW FIRM, P.C. 701 Brazos, Suite 900 Austin, Texas 78701 Telephone: (512) 346-7077 Facsimile: (512) 342-0007 E-mail: schmidt@crewsfirm.com - and - Joe K. Crews, Esq. Robert Notzon, Esq. THE LAW OFFICE OF ROBERT NOTZON Texas Bar No. 00797934 1502 West Avenue Austin, TX 78701 Telephone: (512) 474-7563 Facsimile: (512) 852-4788 The Defendants are represented by: Benjamin L. Dower, Esq. ASSISTANT ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL OF TEXAS GENERAL LITIGATION DIVISION P.O. Box 12548 Capitol Station, Austin, TX 78711-2548 Facsimile: (512) 320-0667 E-mail: benjamin.dower@oag.texas.gov VF OUTDOOR: Hearings Continued to March 23 in Valencia Complaint ---------------------------------------------------------------- In the class action lawsuit captioned as BRIANA VALENCIA, an individual, on behalf of all persons similarly situated on behalf of the State of California, as a private attorney general, and on behalf of all aggrieved employees, v. VF OUTDOOR, LLC, a California limited liability company, and DOES 1 to 50, inclusive, Case No. 1:20-cv-01795 (E.D. Cal.), the Hon. Judge Dale A. Drozd entered an order continuing the hearings on Plaintiff's Motions, currently set for March 2, 2022, to March 23, 2022, in the interest of judicial efficiency and providing the parties adequate time to file oppositions and replies to all pending motions. The Defendant's Motion to Strike is related to Plaintiff's Motion for Class Certification and Appointment of Class Counsel and Plaintiff's Motion to Strike Five Video Files Submitted in Support of Defendants' Opposition to Plaintiff's Motion for Class Certification, the Court says. The nature of suit states Labor -- Other Labor Litigation VF Outdoor, Inc. was founded in 2000. The Company's line of business includes the manufacturing of men's and boy's clothing.[CC] WESTERN WATERPROOFING: Pretrial Management Order Entered in BDG ---------------------------------------------------------------- In the class action lawsuit captioned as BDG Gotham Residential, LLC, et al. v. Western Waterproofing Company, Inc. et al., Case No. 1:19-cv-06386-AJN-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses entered an order regarding general pretrial management as follows: 1. All discovery must be initiated in time to be concluded by the close of discovery set by the Court. 2. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and section 2(b) of Judge Moses's Individual Practices. 3. For motions other than discovery motions, pre-motion conferences are not required, but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. Western Waterproofing operates as a building sub-contractor. A copy of the Court's order dated Feb. 22, 2021 is available from PacerMonitor.com at https://bit.ly/3HzvHZK at no extra charge.[CC] WEXFORD HEALTH: Case Management Order Entered in Milligan Suit -------------------------------------------------------------- In the class action lawsuit captioned as COURTNEY MILLIGAN, Individually and for Others Similarly Situated, v. WEXFORD HEALTH SOURCES, INC., Case No. 2:21-cv-01411-RJC (W.D. Pa.), the Hon. Judge Robert J. Colville entered an order that this action is placed under Local Rule 16.1 for pretrial proceedings and all provisions of the Rule will be strictly enforced. Pursuant to Local Rule 16.1, the parties are directed as follows: 1. The parties shall move to amend June 9, 2022 the pleadings or add new parties by: 2. The parties shall complete fact Feb. 28, 2023 discovery by: 3. The Plaintiff's Expert Reports are June 14, 2022 due on or before: 4. The Defendant's Expert Reports are June 28, 2022 due on or before: 5. Depositions of all experts shall Feb. 28, 2023 be on or before: 6. The Plaintiff's Motion for Class June 22, 2022 Certification, Memorandum in Support, and all supporting evidence shall be filed by: 7. The Defendant's Memorandum in July 13, 2022 Opposition to Class Certification and all supporting evidence shall be filed by: 8. The Plaintiff's Reply Memorandum July 27, 2022 in support of class certification, if any, shall be filed by: 9. The parties shall complete the ADR May 31, 2022 process they selected by: A copy of the Court's order dated Feb. 24, 2021 is available from PacerMonitor.com at https://bit.ly/3hERbtP at no extra charge.[CC] WINSTON WEAVER: Faces Suit Over Negligence in Fertilizer Plant Fire ------------------------------------------------------------------- myfox8.com reports that a resident of Winston-Salem who claims she suffered personally because of the recent fire at the Weaver Fertilizer has filed a class action suit against the company, citing negligence, public nuisance and trespassing. Resident Karen Prudencio is the named plaintiff in the suit against Winston Weaver Co., which is the corporate name of the fertilizer company whose facility at 4440 N. Cherry Street was destroyed by a weeklong blaze that erupted on Jan. 31 and threatened to explode because of volatile chemical compounds stored on the site. Fertilizer plant fire continues to rage 12 hours on; neighbors asked to evacuate due to risk of explosion Residents and businesses within one mile of the plant were evacuated, an elementary school was closed and there were concerns about the pollution of nearby waterways because of the fire. No one was reported to have been injured by the fire. The suit, filed in Forsyth County Superior Court by The Law Office of James Scott Farrin, claims 6,500 people were evacuated from 2,500 homes in the area and that those displaced were affected for about 96 hours. Gary Jackson, lead attorney for Farrin on this case, said in a statement distributed with the lawsuit that the fire "terrified and displaced a community. These folks, as well as the businesses in the affected area, deserve justice. They had to leave their homes for days and find alternative housing; they closed their businesses and lost income; they will have to ensure their properties are free of dangerous chemicals; some have experienced adverse health effects and many fear how the blast may affect their future health. "This company needs to accept responsibility for the harms it has visited upon its unsuspecting neighbors." The suit cites the danger for explosion because 600 tons of ammonium nitrate was stored on the site. That compound is an accelerant that has contributed to explosions that have killed hundreds around the world. The suit mentions explosions that residents felt when the fire broke out and before evacuation commenced and the threat of toxic chemicals falling from the sky because of the explosions. It also cites further contamination that could have been caused by firefighting, rainwater runoff and the surrounding waterways and ash falling onto the soil. The suit also describes previous fires at Weaver and that the storage of the volatile chemicals was done so in violation of the federal Emergency Planning and Community Right-to-Know Act that requires companies to inform the public about potentially hazardous situations. North Carolina agencies have opened an investigation into the fire. Prudencio is the named defendant because she was evacuated and contracted COVID-19, the suit alleges. She couldn't stay with family and had an automobile wreck while she was trying to find alternative housing, which forced her to return home on Feb. 2, while the evacuation was underway. The suit says that because of these circumstances she couldn't return to work on Feb. 9, causing extra expense and lost wages. Her suit claims negligence on three levels based on the company's handling of the chemicals, the public nuisance of the evacuation and trespassing based on the particles from the sky falling onto personal property. Residents affected by the fire have been approved to participate in $1 million in relief funds from the city. Another attorney who lives near the plant also filed suit alleging negligence by the company. In class action suits, the court must certify there are grounds for a class of defendants - which typically are aggregated by the plaintiffs' counsel - and that each person has been affected in the same way by the circumstances. [GN] ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2022. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***